Henry Waxman

Mr. WAXMAN

Mr. WAXMAN. I yield an additional 1 minute.

Mr. WAXMAN. Madam Speaker, I yield 2 minutes to the gentlewoman from Illinois (Ms. Schakowsky), a member of the Health Subcommittee.

Mr. WAXMAN. May I inquire how much time each side has.

Mr. WAXMAN. We have no other requests for speakers and I would like to close the debate. We continue to reserve our time.

Mr. WAXMAN. So, Madam Speaker, it's come down to this, a musing that perhaps FDA is not the right agency; we ought to create a brand new one, but don't give them any power to do anything. Or what we need is harm reduction, even though this legislation gives the FDA the ability to look for ways to reduce the harm from cigarette smoking. But the best way, the best way is not to smoke. And the best way is to make sure that people don't start smoking. And if they do smoke, to give it up. And then the next argument, it's not constitutional. And my colleague has cited the fact that he believes the Supreme Court, when they ruled on the issue of the regulations being proposed by the FDA, that they said that those were unconstitutional. Well, the truth of the matter is the Supreme Court said FDA did not have the legal authority and that Congress had to vote to give them the legal authority to adopt those regulations. That is what we are about to do today. I've been working on the issue of tobacco for over three decades, and in fact, I thought about this issue as I prepared a book that's going to be coming out on a lot of different issues in the next couple of weeks. And I remember the hearings we had where the tobacco industry had so- called scientists argue there really wasn't any harm from cigarette smoking. It was just coincidental. I remember well when the CEOs came before our committee, and that was a real turning point. And they took an oath to tell the truth, and they said, no harm from cigarette smoking; it's not connected to cancer; it's not connected to heart disease; it's not connected to all these other problems; it's only a coincidence. They said cigarette smoking was not addictive because nicotine is not addictive. They swore that under oath. They said they didn't manipulate the nicotine to make it even stronger and more addictive a product. And they said, with righteous indignation, they certainly wouldn't target kids to smoke. Well, after that appearance in 1994, we pierced the veil that hung over the industry and started to find out what they were saying in their own corporate boardrooms and what their own scientists understood the case to be. We later had a hearing where a scientist that worked for the tobacco industry told us he understood the harm. The industry wanted to know what harm it did, and they knew that, in fact, it caused a tremendous amount of death and disease in this country. They were looking at ways to patent new ways to raise the nicotine levels so they can keep people smoking, because they were very well aware of the fact that nicotine was addictive and they could, in fact, make sure that nicotine grabbed on to those smokers and kept them captive to that habit. And the Joe Camel advertising campaign was marketed in France to see if it really got kids to be loyal to that brand. And in their boardroom they discussed how important it was to get kids to start smoking at 14 or 15 years of age because then they would be loyal to that brand, let alone addicted to the product. We later found out how the tobacco industry spent millions and millions of dollars on a phony operation to say that they were studying whether the harm was there from cigarette smoking, and what they did was manipulated the media, deceived the American people, to argue the science wasn't really there to claim cigarettes was a problem. The science is still out. By the way, we hear this about global warming today. Even though the overwhelming consensus was there from reputable scientists, they tried to make people believe, don't worry about it, you can continue to smoke; it's not going to do you harm. And they tried so hard and successfully, for decades, to keep secret the fact that nonsmokers were harmed by simply being in the presence of smokers. I remember the power of the tobacco industry that kept the Congress from acting, and it was by one vote that the House of Representatives decided to try and experiment to see if we could have airplane flights, commercial airplane flights of an hour or less, without any smoking permitted. And Members stood up on the floor of the House and said smokers would never tolerate such a thing. Well, it was so widely popular that it's hard to find any airline in the world that allows smoking on airplane flights of whatever length it may be. The public has come to understand this industry, and they know the dishonesty of this industry, and they know that the clout of this industry kept the government from acting for decades. But people now don't realize how it was 30 years ago. Thirty years ago people who smoked felt they had the right to light up a cigarette, no matter where they were. We've heard the argument that the Court may look at the constitutionality of any free speech matter that might relate to advisories about cigarette smoking. Well, it's hard for me to believe that a Supreme Court that once said the Constitution does not mean that the freedom of speech allows people to yell ``fire'' in a crowded room would now come to the point where they'd say it would be unconstitutional to prohibit an industry from trying to get children to smoke a product that's illegal for them to buy in any State of the Union. I think we are, today, at the last gasp of the tobacco industry's efforts to protect their profits at the expense of the health and lives of the American people and to get children to take up this habit. We're moving away from it fast in this country. The FDA will help us succeed in ending this tobacco epidemic. My heart goes out to people around the world as American tobacco companies are telling people in other countries, be like Americans. If you're a woman, you can smoke--don't let your culture keep you from taking up this habit. As they tell children around the world, start smoking. You can be more like Americans who you so admire. You can be cool, and all the stuff that was blabbered out in the decades in the United States to get so many millions of people to smoke. Madam Speaker, this bill, authored by Senator Kennedy in the Senate and by myself in the House, has come a long way. It took us a long time to get here. But we're here now, and I urge my colleagues to vote for passage of this legislation.

Mr. WAXMAN. I yield back the balance of my time.

Mr. WAXMAN

Mr. WAXMAN. I ask unanimous consent that Members have 5 legislative days to revise and extend their remarks.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, the U.S. Holocaust Memorial Museum was created as a sanctuary for tolerance and understanding. It was established by Congress to memorialize the millions of Jews and others who perished during the Holocaust and to educate people about the hatred and intolerance that led to their murders. Yesterday, it was tragically the victim of those same evil impulses. Today we mourn the death of Officer Stephen Tyrone Johns who was killed in the line of duty and extend our condolences to his family. He will be remembered not only as a protector of the staff and visitors who crossed his path, but also as a defender of the noble ideals the museum stands for. What transpired yesterday is a horrific reminder of the violence that can stem from racism, anti-Semitism, and Holocaust denial. It was a hate crime in the truest sense--an attack fomented by hatred of Jews, African Americans, and all who seek to embrace diversity, tolerance and understanding. The gunman who perpetrated this attack had a life-long obsession with his hateful views. We can and must do more to prevent future generations from falling victim to a life consumed by hate. The most powerful response we can take is to reinforce the Museum's mission to educate and inspire people to fight prejudice in all its forms. With President Obama's recent visit to Buchenwald and the Pope's recent trip to Yad Vashem, we must emphasize the value of Holocaust education as a potent antidote to the vicious venom spread from Internet chat rooms and beyond. Congress has been a partner of the U.S. Holocaust Museum from the very beginning. We will be forever committed to its safety and its success.

Mr. WAXMAN

Mr. WAXMAN. Thank you very much for yielding time for me to speak in favor of H.R. 2751, the CARS Act. I worked closely with Representative Sutton and other members of our committee to negotiate this legislation, and I believe it hits the trifecta: it's good for the economy, good for consumers, and good for the environment. For the auto industry, it means a big leap in sales right when the industry needs it most. CBO estimates that this program will help sell 600,000 cars, many of them made right here in America. It's no wonder that the Big Three, the UAW, and the auto industry support the bill. For consumers, it means a chance to get rid of the old gas guzzling clunker and receive a voucher worth up to $4,500 to get a new, more fuel-efficient car. The better gas mileage, the higher the subsidy. And for the environment, it means a win. With every new sale, every car or truck sold under this program will be more fuel efficient or cleaner than the car or truck it replaces. I appreciate the work of Representative Sutton and my other colleagues on the committee for this legislation. I want to acknowledge their efforts on behalf of the American auto industry and American autoworkers. This legislation was an amendment added to the ACES energy bill passed by our committee by a strong bipartisan 50-4 vote. I ask my colleagues to vote ``yes": ``yes'' for the economic benefits of the bill, ``yes'' for the benefits of consumers, and ``yes'' for the improvement in environmental quality.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, it is a privilege to join my colleague Howard Berman in paying tribute to Si Frumkin, who passed away in Los Angeles, California on May 15, 2009. For more than 40 years, Si was a singularly focused and steadfast voice fighting for equality, freedom and dignity. As a Holocaust survivor, he heard a call of duty and answered it with a passionate resolve to not rest until the injustices he identified had been addressed. He was a role model, a mentor, and a friend we will miss. Born in 1930 in the town of Kaunas, Lithuania, Simas Frumkinas came from an affluent family that was not particularly religious or politically active. When the Germans invaded Kaunas in 1941, and the Communists took over his father's business, the Frumkin family was herded into a Jewish ghetto. The ghetto was liquidated in 1944, and Si and his father were sent to the Dachau concentration camp where he and his father were forced laborers in a Nazi aircraft hangar. Si was just 13 years old. Si's father passed away just 20 days before Dauchau was liberated in 1945. When the camp was liberated by the U.S. Army, he went on to study in Switzerland, England, and Venezuela, where he was reunited with his mother before graduating from New York University in 1953. Soon after, he arrived in Los Angeles, where he took over a textile company-- Universal Drapery Fabrics--and earned a master's degree in History at night at the California State University campus in Northridge. As he became aware of the repression of Soviet Jews in the early 1960s, Si leapt into action, beginning a relentless journey as a founding father of the Soviet Jewry movement and becoming a mentor and ally on behalf of Soviet Jews. He brought up a young student to UCLA and that student went on to become Los Angeles City Councilman (now County Supervisor) Zev Yaroslavsky. In 1968, he formed the Southern California Council for Soviet Jews and excelled in using unconventional methods to bring attention to the issue. When the Bolshoi ballet performed in Los Angeles, Si wrote up fake programs encouraging patrons to enjoy the ballet but adding a message about the oppression. When President Nixon was visited by Soviet President Leonid Brezhnev, Si released 5,000 balloons with the message, ``Let My People Go.'' With candlelight rallies attended by tens of thousands, letter-writing campaigns and other grass roots efforts, he enlisted a generation into action. Once the Iron Curtain fell and thousands of Jews were permitted to leave, Si turned his focus to assist in resettling those who arrived in Los Angeles and Southern California. He became the liaison for the emigres on everything from resume workshops to clothing drives. In 1992, Si began publishing ``Graffiti for Intellectuals,'' a bi- weekly newsletter with information and commentary on politics, social issues, and challenges in the community. With candor, conviction and often a touch of humor, his columns expounded on the needs of Holocaust survivors seeking restitution and reparations, the plight of Israel, the fight against anti-Semitism, and other Jewish causes. In the face of fierce resistance, Si never relented or grew too tired to persevere. His creativity and sincerity inspired people to action. While we mourn his absence, we pay tribute with an enduring debt of gratitude for his remarkable courage and vision. His tremendous legacy will be felt for generations to come. Si is survived by his wife, Ella, his son, Michael, and two grandchildren. Ella, who always stood solidly beside him and encouraged him to carry on the cause, deserves recognition as an equal partner in his lifelong achievements. Those who knew Si well can attest to his enduring love for his family and his avid collection of chess sets. We ask that our colleagues join us as we celebrate the remarkable life and tremendous contributions of Si Frumkin. Si was living proof that one person can change the course of history.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, each year Memorial Day is an important time to honor the fallen, renew our support to the wounded and recognize the commitment and heroism of those who serve the United States. In my district this weekend the headstones of the Los Angeles National Cemetery, as those in hundreds of cemeteries across the country, will be surrounded by flowers and by loved ones paying their respects to the departed. In the hustle and bustle of everyday life, these serene and mournful fields honor those who have made the ultimate sacrifice in defense of the freedoms we so cherish. The sanctity and preservation of our nation's battlefields, monuments and institutions are of utmost importance to ensure that future generations can pay their respects to those who have fought. One of my constituents, Leon Cooper, has been tireless in his efforts to raise awareness about the build-up of garbage and debris at Red Beach in Tarawa Atoll in the remote Pacific island nation of Kiribati. On this site, in a span of just a few days in November 1943, nearly 1700 Marines and Navy personnel were killed and over 2000 more wounded in heavy fighting. I applaud Mr. Cooper for his commitment. Recently his story about the Battle of Tarawa and its aftermath, Return to Tarawa: The Leon Cooper Story, debuted on the Discovery Network. This documentary, narrated by Ed Harris, provides a remarkable window into the events surrounding both the battle itself and Mr. Cooper's involvement, and is a great service to future generations. I encourage our local U.S. Embassy in Fiji to work with the Government of Kiribati on sanitation and conservation projects that would provide long-term solutions for maintaining the coastline and preserving the area. It would be a tribute to our veterans and a great benefit to the Kiribati people. While we honor those fallen and veterans from generations past, we must also honor the needs of our soldiers returning from Iraq and Afghanistan. The past three years have seen a remarkable increase in support for our nation's veterans, including the strengthening of quality health care, funding increases to treat traumatic brain injury and post-traumatic stress disorder, a record increase in veterans' educational funding, and other improvements to address deficiencies in medical facilities and housing. The 30th congressional district is home to the West Los Angeles Veterans Medical Center, the largest VA hospital in the continental United States. The West LA VA was built on land that was generously donated in 1888 to serve as an Old Soldiers' Home. I am pleased that a State Veterans Home is being constructed on the property and that the VA is moving forward to develop long-term therapeutic supportive housing on the campus. In addition, I am delighted that the Fisher Foundation has built a facility on the property where veterans' families can live while their loved ones are getting medical treatment at the hospital. These are all appropriate uses that are consistent with the deed and will benefit our nation's veterans. I remain opposed, however, to the VA's consideration of any plan that would divert portions of this land for commercial uses. That is why I am pleased that Senator Dianne Feinstein and I were able to have legislation passed by Congress and signed by the President to prohibit the sale or commercialization of the campus. I will continue my work with local veterans groups, elected officials and the community to ensure that the property of the West LA VA is preserved for programs that benefit and serve our veterans. As Americans join together this Memorial Day, let us properly thank those who stand in harm's way, far from home, living under continual risk and fighting under the stars and stripes to preserve and defend the freedoms that all Americans cherish and hold dear. We owe these brave men and women an enduring debt of gratitude.

Mr. WAXMAN

Mr. WAXMAN. Mr. Chair, I would like to thank the Chairman for accepting an amendment I have offered regarding the need for the FAA to take meaningful action to address safety concerns at Santa Monica Airport. I appreciate the Committee's ongoing interest in addressing this serious issue. Santa Monica Airport is a unique General Aviation facility located in my congressional district. Built in 1922, the airport has no runway safety areas, which are now required by the FAA to reduce damage and loss of life in the event that an aircraft overshoots the runway or fails to lift off. The airport's single runway is bordered by steep hills, public streets, and densely populated neighborhoods, with homes as close as 250 feet from the runway. As flight traffic at the airport has increased, particularly among larger jets, so have concerns that any plane overshooting the runway would be at great risk of landing in the neighborhood. For nearly a decade, I have joined the community, the City of Santa Monica and the Airport Administration to push the FAA to address this serious safety gap. While the FAA has had discussions with the City, its response has at times been marked by delay and unfortunate acts of bad faith. Its proposals have simply fallen short of addressing the safety needs of the airport. Some proposed changes could seriously undermine emergency response capability at the airport, while others would be insufficient to stop a larger jet from an overrun into the surrounding streets and homes. My constituents and the crews and passengers that use Santa Monica Airport deserve to have the confidence that airport operations meet FAA safety guidelines and go beyond the barest minimum enhancements previously offered by the FAA. The amendment expresses the sense of Congress that the incoming Administrator of the FAA should take a fresh look at this issue. I urge the new Administrator, once confirmed, to swiftly enter into good faith discussions with the City of Santa Monica to achieve runway safety area solutions consistent with FAA design guidelines to address the safety concerns at Santa Monica Airport. When safety is at stake, time is always of the essence.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, pursuant to rule XI, clause 2 of the Rules of the House of Representatives, I respectfully submit the rules for the Committee on Energy and Commerce in the 111th Congress for publication in the Congressional Record. The Committee adopted the following rules in open session by a voice vote, a quorum being present, at our organizational meeting on January 14, 2009: Rules of the Committee on Energy and Commerce, U.S. House of Representatives, Adopted January 14, 2009, 111th Congress Rule 1. General Provisions. (a) Rules of the Committee. The Rules of the House are the rules of the Committee on Energy and Commerce (hereinafter the ``Committee'') and its subcommittees so far as is applicable. (b) Rules of the Subcommittees. Each subcommittee of the Committee is part of the Committee and is subject to the authority and direction of the Committee and to its rules so far as applicable. Written rules adopted by the Committee, not inconsistent with the Rules of the House, shall be binding on each subcommittee of the Committee. Rule 2. Meetings. (a) Regular Meeting Days. The Committee shall meet on the fourth Tuesday of each month at 10 a.m., for the consideration of bills, resolutions, and other business, if the House is in session on that day. If the House is not in session on that day and the Committee has not met during such month, the Committee shall meet at the earliest practicable opportunity when the House is again in session. The chairman of the Committee may, at his discretion, cancel, delay, or defer any meeting required under this section, after consultation with the ranking minority member. (b) Additional Meetings. The chairman may call and convene, as he considers necessary, additional meetings of the Committee for the consideration of any bill or resolution pending before the Committee or for the conduct of other Committee business. The Committee shall meet for such purposes pursuant to that call of the chairman. (c) Notice. The date, time, place, and subject matter of any meeting of the Committee or its subcommittees scheduled on a Tuesday, Wednesday, or Thursday when the House will be in session shall be announced at least 36 hours (exclusive of Saturdays, Sundays, and legal holidays except when the House is in session on such days) in advance of the commencement of such meeting. The date, time, place, and subject matter of other meetings shall be announced at least 72 hours in advance of the commencement of such meeting. (d) Agenda. The agenda for each Committee or subcommittee meeting, setting out all items of business to be considered, shall be provided to each member of the Committee at least 36 hours in advance of such meeting. (e) Availability of Texts. No bill, recommendation, or other matter reported by a subcommittee shall be considered by the Committee unless the text of the matter reported, together with an explanation, has been available to members of the Committee for at least 36 hours. Such explanation shall include a summary of the major provisions of the legislation, an explanation of the relationship of the matter to present law, and a summary of the need for the legislation. (f) Waiver. The requirements of subsections (c), (d), and (e) may be waived by a majority of those present and voting (a majority being present) of the Committee or subcommittee, or by the chairman with the concurrence of the ranking member, as the case may be. Rule 3. Hearings. (a) Notice. The date, time, place, and subject matter of any hearing of the Committee or any of its subcommittees shall be announced at least one week in advance of the commencement of such hearing, unless a determination is made in accordance with clause 2(g)(3) of Rule XI of the Rules of the House that there is good cause to begin the hearing sooner. (b) Memorandum. Each member of the Committee or subcommittee shall be provided, except in the case of unusual circumstances, with a memorandum at least 48 hours before each hearing explaining (1) the purpose of the hearing and (2) the names of any witnesses. (c) Witnesses. (1) Each witness who is to appear before the Committee or a subcommittee shall file with the clerk of the Committee, at least two working days in advance of his or her appearance, sufficient copies, as determined by the chairman of the Committee or a subcommittee, of a written statement of his or her proposed testimony to provide to members and staff of the Committee or subcommittee, the news media, and the general public. Each witness shall, to the greatest extent practicable, also provide a copy of such written testimony in an electronic format prescribed by the chairman. Each witness shall limit his or her oral presentation to a brief summary of the argument. The chairman of the Committee or of a subcommittee, or the presiding member, may waive the requirements of this paragraph or any part thereof. (2) To the greatest extent practicable, the written testimony of each witness appearing in a nongovernmental capacity shall include a curriculum vitae and a disclosure of the amount and source (by agency and program) of any federal grant (or subgrant thereof) or contract (or subcontract thereof) received during the current fiscal year or either of the two preceding fiscal years by the witness or by an entity represented by the witness. (d) Questioning. (1) The right to interrogate the witnesses before the Committee or any of its subcommittees shall alternate between majority and minority members. Each member shall be limited to 5 minutes in the interrogation of witnesses until such time as each member who so desires has had an opportunity to question witnesses. No member shall be recognized for a second period of 5 minutes to interrogate a witness until each member of the Committee or subcommittee present has been recognized once for that purpose. While the Committee or subcommittee is operating under the 5 minute rule for the interrogation of witnesses, the chairman shall recognize in order of appearance members who were not present when the meeting was called to order after all members who were present when the meeting was called to order have been recognized in the order of seniority on the Committee or subcommittee, as the case may be. (2) The chairman with the concurrence of the ranking minority member, or the Committee by motion, may permit an equal number of majority and minority members to question a witness for a specified, total period that is equal for each side and not longer than thirty minutes for each side. The chairman with the concurrence of the ranking minority member, or the Committee by motion, may also permit committee staff of the majority and minority to question a witness for a specified, total period that is equal for each side and not longer than thirty minutes for each side. (3) Each member may submit to the chairman of the Committee or the subcommittee additional questions for the record, to be answered by the witnesses who have appeared. Each member shall provide a copy of the questions in an electronic format to the clerk of the Committee no later than ten business days following a hearing. The chairman shall transmit all questions received from members of the Committee or the subcommittee to the appropriate witness and include the transmittal letter and the responses from the witnesses in the hearing record. Rule 4. Vice Chairmen; Presiding Member. The chairman shall designate a member of the majority party to serve as vice chairman of the Committee, and shall designate a majority member of each subcommittee to serve as vice chairman of each subcommittee. The vice chairman of the Committee or subcommittee, as the case may be, shall preside at any meeting or hearing during the temporary absence of the chairman. If the chairman and vice chairman of the Committee or subcommittee are not present at any meeting or hearing, the ranking member of the majority party who is present shall preside at the meeting or hearing. Rule 5. Open Proceedings. Except as provided by the Rules of the House, each meeting and hearing of the Committee or any of its subcommittees for the transaction of business, including the markup of legislation, and each hearing, shall be open to the public, including to radio, television, and still photography coverage, consistent with the provisions of Rule XI of the Rules of the House. Rule 6. Quorum. Testimony may be taken and evidence received at any hearing at which there are present not fewer than two members of the Committee or subcommittee in question. A majority of the members of the Committee or subcommittee shall constitute a quorum for those actions for which the House rules require a majority quorum. For the purposes of taking any other action, one-third of the members of the Committee or subcommittee shall constitute a quorum. Rule 7. Official Committee Records. (a)(1) Journal. The proceedings of the Committee and its subcommittees shall be recorded in a journal which shall, among other things, show those present at each meeting, and include a record of the vote on any question on which a record vote is demanded and a description of the amendment, motion, order, or other proposition voted. A copy of the journal shall be furnished to the ranking minority member. (2) Record Votes. A record vote may be demanded by one- fifth of the members present or, in the apparent absence of a quorum, by any one member. No demand for a record vote shall be made or obtained except for the purpose of procuring a record vote or in the apparent absence of a quorum. The result of each record vote in any meeting of the Committee and its subcommittees shall be made available in the Committee office for inspection by the public, as provided in Rule XI, clause 2(e) of the Rules of the House. The Chairman also shall make the record of the votes on any question on which a record vote is demanded available on the Committee's website not later than 2 business days after such vote is taken. Such record shall include a description of the amendment, motion, order, or other proposition, the name of each member voting for and each member voting against such amendment, motion, order, or proposition, and the names of those members of the committee present but not voting. (b) Archived Records. The records of the Committee at the National Archives and Records Administration shall be made available for public use in accordance with Rule VII of the Rules of the House. The chairman shall notify the ranking minority member of any decision, pursuant to clause 3 (b)(3) or clause 4 (b) of the Rule, to withhold a record otherwise available, and the matter shall be presented to the Committee for a determination on the written request of any member of the Committee. The chairman shall consult with the ranking minority member on any communication from the Archivist of the United States or the Clerk of the House concerning the disposition of noncurrent records pursuant to clause 3(b) of the Rule. Rule 8. Subcommittees. (a) Establishment. There shall be such standing subcommittees with such jurisdiction and size as determined by the majority party caucus of the Committee. The jurisdiction, number, and size of the subcommittees shall be determined by the majority party caucus prior to the start of the process for establishing subcommittee chairmanships and assignments. (b) Powers and Duties. Each subcommittee is authorized to meet, hold hearings, receive testimony, mark up legislation, and report to the Committee on all matters referred to it. Subcommittee chairmen shall set hearing and meeting dates only with the approval of the chairman of the Committee with a view toward assuring the availability of meeting rooms and avoiding simultaneous scheduling of Committee and subcommittee meetings or hearings whenever possible. (c) Ratio of Subcommittees. The majority caucus of the Committee shall determine an appropriate ratio of majority to minority party members for each subcommittee and the chairman shall negotiate that ratio with the minority party, provided that the ratio of party members on each subcommittee shall be no less favorable to the majority than that of the full Committee, nor shall such ratio provide for a majority of less than two majority members. (d) Selection of Subcommittee Members. Prior to any organizational meeting held by the Committee, the majority and minority caucuses shall select their respective members of the standing subcommittees. (e) Ex Officio Members. The chairman and ranking minority member of the Committee shall be ex officio members with voting privileges of each subcommittee of which they are not assigned as members and may be counted for purposes of establishing a quorum in such subcommittees. The chairman emeritus shall be an ex officio member without voting privileges of each subcommittee of which the chairman emeritus is not assigned as a member and may not be counted for purposes of establishing a quorum on any such subcommittee. (f) Subcommittee on Witness Inquiry. There shall also be established a Subcommittee on Witness Inquiry that may examine witnesses in executive session pursuant to House Rule XI, clause 2(g)(2) and 2(k)(5). The subcommittee shall be comprised of two members of the majority party appointed at the discretion of the chairman and one member of the minority party appointed at the discretion of the ranking minority member. Subsections (a), (b), (c), (d), and (e) shall not apply to the Subcommittee. Rule 9. Opening Statements. (a) Written Statements. All written opening statements at business meetings conducted by the committee or any of its subcommittees shall be made part of the permanent record. (b) Length. Statements shall be limited to 5 minutes each for the chairman and ranking minority member (or their respective designee) of the Committee or subcommittee, as applicable, and 3 minutes each for all other members. At any business meeting of the full Committee, the chairman may limit opening statements for Members (including, at the discretion of the Chairman, the chairman and ranking minority member) to one minute. Rule 10. Reference of Legislation and other Matters. All legislation and other matters referred to the Committee shall be referred to the subcommittee of appropriate jurisdiction within two weeks of the date of receipt by the Committee unless action is taken by the full Committee within those two weeks, or by majority vote of the members of the Committee, consideration is to be by the full Committee. In the case of legislation or other matter within the jurisdiction of more than one subcommittee, the chairman of the Committee may, in his discretion, refer the matter simultaneously to two or more subcommittees for concurrent consideration, or may designate a subcommittee of primary jurisdiction and also refer the matter to one or more additional subcommittees for consideration in sequence (subject to appropriate time limitations), either on its initial referral or after the matter has been reported by the subcommittee of primary jurisdiction. Such authority shall include the authority to refer such legislation or matter to an ad hoc subcommittee appointed by the chairman, with the approval of the Committee, from the members of the subcommittees having legislative or oversight jurisdiction. Rule 11. Managing Legislation on the House Floor. The chairman, in his discretion, shall designate which member shall manage legislation reported by the Committee to the House. Rule 12. Committee Professional and Clerical Staff Appointments. (a) Delegation of Staff. Whenever the chairman of the Committee determines that any professional staff member appointed pursuant to the provisions of clause 9 of Rule X of the House of Representatives, who is assigned to such chairman and not to the ranking minority member, by reason of such professional staff member's expertise or qualifications will be of assistance to one or more subcommittees in carrying out their assigned responsibilities, he may delegate such member to such subcommittees for such purpose. A delegation of a member of the professional staff pursuant to this subsection shall be made after consultation with subcommittee chairmen and with the approval of the subcommittee chairman or chairmen involved. (b) Minority Professional Staff. Professional staff members appointed pursuant to clause 9 of Rule X of the House of Representatives, who are assigned to the ranking minority member of the Committee and not to the chairman of the Committee, shall be assigned to such Committee business as the minority party members of the Committee consider advisable. (c) Additional Staff Appointments. In addition to the professional staff appointed pursuant to clause 9 of Rule X of the House of Representatives, the chairman of the Committee shall be entitled to make such appointments to the professional and clerical staff of the Committee as may be provided within the budget approved for such purposes by the Committee. Such appointee shall be assigned to such business of the full Committee as the chairman of the Committee considers advisable. (d) Sufficient Staff. The chairman shall ensure that sufficient staff is made available to each subcommittee to carry out its responsibilities under the rules of the Committee. (e) Fair Treatment of Minority Members in Appointment of Committee Staff. The chairman shall ensure that the minority members of the Committee are treated fairly in appointment of Committee staff. (f) Contracts for Temporary or Intermittent Services. Any contract for the temporary services or intermittent service of individual consultants or organizations to make studies or advise the Committee or its subcommittees with respect to any matter within their jurisdiction shall be deemed to have been approved by a majority of the members of the Committee if approved by the chairman and ranking minority member of the Committee. Such approval shall not be deemed to have been given if at least one-third of the members of the Committee request in writing that the Committee formally act on such a contract, if the request is made within 10 days after the latest date on which such chairman or chairmen, and such ranking minority member or members, approve such contract. Rule 13. Supervision, Duties of Staff. (a) Supervision of Majority Staff. The professional and clerical staff of the Committee not assigned to the minority shall be under the supervision and direction of the chairman who, in consultation with the chairmen of the subcommittees, shall establish and assign the duties and responsibilities of such staff members and delegate such authority as he determines appropriate. (b) Supervision of Minority Staff. The professional and clerical staff assigned to the minority shall be under the supervision and direction of the minority members of the Committee, who may delegate such authority as they determine appropriate. Rule 14. Committee Budget. (a) Preparation of Committee Budget. The chairman of the Committee, after consultation with the ranking minority member of the Committee and the chairmen of the subcommittees, shall for the 111th Congress prepare a preliminary budget for the Committee, with such budget including necessary amounts for professional and clerical staff, travel, investigations, equipment and miscellaneous expenses of the Committee and the subcommittees, and which shall be adequate to fully discharge the Committee's responsibilities for legislation and oversight. Such budget shall be presented by the chairman to the majority party caucus of the Committee and thereafter to the full Committee for its approval. (b) Approval of the Committee Budget. The chairman shall take whatever action is necessary to have the budget as finally approved by the Committee duly authorized by the House. No proposed Committee budget may be submitted to the Committee on House Administration unless it has been presented to and approved by the majority party caucus and thereafter by the full Committee. The chairman of the Committee may authorize all necessary expenses in accordance with these rules and within the limits of the Committee's budget as approved by the House. (c) Monthly Expenditures Report. Committee members shall be furnished a copy of each monthly report, prepared by the chairman for the Committee on House Administration, which shows expenditures made during the reporting period and cumulative for the year by the Committee and subcommittees, anticipated expenditures for the projected Committee program, and detailed information on travel. Rule 15. Broadcasting of Committee Hearings. Any meeting or hearing that is open to the public may be covered in whole or in part by radio or television or still photography, subject to the requirements of clause 4 of Rule XI of the Rules of the House. The coverage of any hearing or other proceeding of the Committee or any subcommittee thereof by television, radio, or still photography shall be under the direct supervision of the chairman of the Committee, the subcommittee chairman, or other member of the Committee presiding at such hearing or other proceeding and may be terminated by such member in accordance with the Rules of the House. Rule 16. Subpoenas. The chairman of the Committee may, after consultation with the ranking minority member, authorize and issue a subpoena under clause 2(m)(2)(A) of Rule XI of the House. If the ranking minority member objects to the proposed subpoena in writing, the matter shall be referred to the Committee for resolution. The chairman of the Committee may authorize and issue subpoenas without referring the matter to the Committee for resolution during any period for which the House has adjourned for a period in excess of 3 days when, in the opinion of the chairman, authorization and issuance of the subpoena is necessary. The chairman shall report to the members of the Committee on the authorization and issuance of a subpoena during the recess period as soon as practicable but in no event later than one week after service of such subpoena. Rule 17. Travel of Members and Staff. (a) Approval of Travel. Consistent with the primary expense resolution and such additional expense resolutions as may have been approved, travel to be reimbursed from funds set aside for the Committee for any member or any staff member shall be paid only upon the prior authorization of the chairman. Travel may be authorized by the chairman for any member and any staff member in connection with the attendance of hearings conducted by the Committee or any subcommittee thereof and meetings, conferences, and investigations which involve activities or subject matter under the general jurisdiction of the Committee. Before such authorization is given there shall be submitted to the chairman in writing the following: (1) the purpose of the travel; (2) the dates during which the travel is to be made and the date or dates of the event for which the travel is being made; (3) the location of the event for which the travel is to be made; and (4) the names of members and staff seeking authorization. (b) Approval of Travel by Minority Members and Staff. In the case of travel by minority party members and minority party professional staff for the purpose set out in (a), the prior approval, not only of the chairman but also of the ranking minority member, shall be required. Such prior authorization shall be given by the chairman only upon the representation by the ranking minority member in writing setting forth those items enumerated in (1), (2), (3), and (4) of paragraph (a). Rule 18. The chairman shall maintain an official Committee website for the purposes of furthering the Committee's legislative and oversight responsibilities, including communicating information about the Committee's activities to Committee members and other members of the House. The ranking minority member may maintain an official website for the purpose of carrying out official responsibilities, including communicating information about the activities of the minority members of the Committee to Committee members and other members of the House. Rule 19. The chairman of the Committee is directed to offer a motion under clause 1 of Rule XXII of the Rules of the House whenever the chairman considers it appropriate.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, it is my pleasure to recognize the extraordinary contributions of Eileen Horowitz, Temple Israel of Hollywood Day School's Head of School. Eileen will be retiring this spring after 14 remarkable years of service to Temple Israel of Hollywood and 40 years as a visionary educator and administrator. Eileen will be wished a warm and fond farewell on May 16, 2009 during Temple Israel of Hollywood's Spring Gala celebrating her commitment to the children and community at Temple Israel. Since 1995, Eileen has served as Temple Israel of Hollywood Day School's Head of School. By all accounts, she has transformed the Day School while touching the lives of hundreds of children, their families, her colleagues and the Temple's congregants. Eileen has elevated the Day School to an institution that is locally, nationally and internationally renowned for its high academic standards, its innovative and creative programming and its focus on nurturing well- rounded children. Eileen's forward-thinking philosophy has been to foster a student's identity that is sensitive to others and the environment and fulfills the responsibility that each of us bears. Eileen's 40-year career in education has taken her from classroom instruction to curriculum development and implementation to school administration and teacher training. Perhaps Eileen's most inspiring legacy is that she has never lost sight of the reason she entered the field of education in the first place--her desire to help children reach their potential and develop a lifelong love of learning. Notwithstanding Eileen's incredible accomplishments, she considers her finest achievements to be her nearly 40-year marriage to her husband, Steve, her children and their six beautiful grandchildren. Temple Israel of Hollywood and our entire community owes Eileen a debt of gratitude for her tremendous record of achievements at Temple Israel of Hollywood and throughout her career. I am delighted to join Eileen's family, friends, colleagues, students and their families in congratulating her and wishing her Mazel Tov for her successes. I ask my colleagues to join me in extending thanks and appreciation for her outstanding and inspired contributions these past 14 years at Temple Israel and in wishing her all the best for the future.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, hate crimes are fundamentally different from other crimes. Hate crimes--violent acts that target victims precisely because of who they are, or are perceived to be--aim to terrorize, intimidate, and oppress an entire class of people. They are assaults not just on those victims, but on an entire community. When the perpetrators of these acts are not held accountable, we suffer as a nation. As a cosponsor of the Matthew Shepard Act, I look forward to its enactment into law. Today there are only 11 States that have hate crime laws that cover both gender and sexual orientation. By expanding the federal definition of a hate crime to include one based on sexual orientation, disability, or gender, we take the first step toward reducing these violent acts across the country. This legislation will provide much-needed federal support for local law enforcement so that police can more effectively identify, investigate, and prosecute hate crimes. By joining together at all levels, we can help build safer and more tolerant communities. I urge my colleagues to support this important bill.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, today marks the 94th Anniversary of the beginning of the Armenian genocide. This devastating event is a reminder that we cannot allow for such atrocities to happen again. It is unacceptable to witness thousands of innocent victims suffer and die without taking any action. Ninety-four years ago, the Ottoman Turks began their attempts to exterminate the Armenian people. From 1915 until 1923, 1.5 million Armenians were tortured and killed. Men were separated from their families and murdered; women and children were forced to march across the Syrian desert without water, food, or possessions; many died of hunger or thirst or were killed when they lagged behind during the forced marches into the desert. These acts of intolerance cannot be termed anything but genocide. We must honor and recognize those who survived but also remember those who perished. Acknowledging the commemoration of the Armenian genocide, is an important to tribute to the Armenian people, especially the American-Armenian community.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, today is Holocaust Remembrance Day, Yom Hashoah, which is marked by ceremonies this week in the United States, Israel and around the world. It is a solemn day commemorating the Hebrew anniversary of the beginning of the Warsaw Ghetto uprising and each year it is an opportunity to revisit the lessons of the Holocaust and the innocent lives and vibrant communities that were destroyed by the Nazis. Decades have passed since the Nazis and their willing counterparts committed mass genocide of European Jewry. Tragically, despite a clear historical record, Holocaust denial has become a favored platform for anti-Zionism and anti-Semitism. The threat grows greater as the eyewitnesses who survived the Holocaust pass on. In a new chapter of struggle, these eyewitnesses increasingly face a different kind of daily challenge for survival. Of the approximately 100,000 Holocaust survivors living in the United States, at least 25 percent live below the federal poverty level. Tragically, the current economic crisis is pushing this already vulnerable population to even further financial uncertainty. In Los Angeles, home to approximately 15,000 survivors, the Holocaust Survivor Program at Jewish Family Services has reported a sharp increase in requests for emergency financial assistance. Those who receive public benefits have already seen a cut in their Social Security payments, and are expecting additional cuts to their medical benefits, and the In-Home Supportive Services program that will go into effect this summer. Around the country, Holocaust survivors are facing the loss of their homes of many years to foreclosure, at least in part because they have drawn on the equity in their homes to help meet daily expenses. Such displacement is distressing for any senior citizen, but the impact on survivors is often exacerbated by physical and mental health ailments from their wartime experience. It is clear that indigent survivors in Los Angeles, the United States and around the world are in dire need. The United States and the international community have the opportunity to deliver justice and aid for these survivors at the upcoming ``Holocaust Era Assets Conference,'' which will be hosted in June by the Government of the Czech Republic in Prague. The objective of the conference is to assess the progress made since a similar conference was convened in Washington in 1998. Key working groups organized for the Prague Conference will focus on property restitution in countries like Poland that still have no applicable laws, looted art and Judaica, and Jewish cultural property. There will also be a special session on ``Caring for Victims of Nazism and Their Legacy,'' which will examine the pressing humanitarian and social needs survivors face. Those who survived the Holocaust and overcame horrific trauma to rebuild their shattered lives deserve to live their final years with dignity. We cannot talk about remembrance and restitution without addressing survivor destitution. I am hopeful that the Prague forum will answer this urgent call to action.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I rise in opposition to the motion to recommit.

Mr. WAXMAN. Mr. Speaker, my colleagues, this bill will not divert resources away from other important functions at the Food and Drug Administration. It is fully funded by a user fee from the tobacco industry. And that user fee will fund this effort, and none of the funds to deal with tobacco will come out of other activities at FDA. But there is an exception. In the beginning, until the user fees are collected and disbursed, we want FDA to get going. So we allow the FDA to borrow money, no more than for two quarters, from the general revenue. But they have to pay it back. That is the only use of general revenues that would be borrowed under this motion to recommit. Now, the American Cancer Society is supporting our legislation. Would they support our legislation if it diverted the FDA from review of drugs that cancer patients rely on to save their lives? The same is true of all the other health groups that support our bill. They believe this bill accomplishes effective tobacco regulation without diverting the FDA from lifesaving activities that the FDA must undertake. The bill is supported by 1,000 public health and other groups, including the Heart Association, the Lung Association, the Cancer Society and the American Public Health Association. They would not support this bill if it did what the gentleman from Michigan claims it does, because his claim is inaccurate. And these groups know that. And that is why they are supporting the Waxman-Platts legislation. Simply put, the Waxman-Platts bill makes absolutely clear that the tobacco program will not detract from FDA's other activities, and we shouldn't delay the regulation of tobacco, which is really the impact of this motion to recommit should it be adopted. We shouldn't delay this long overdue measure based on a misplaced concern about FDA's other resource challenges. So I would urge my colleagues to vote against this motion to recommit and to vote for the underlying bill. I yield back the balance of my time.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, pursuant to House Resolution 307, I call up the bill (H.R. 1256) to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, and ask for its immediate consideration.

Mr. WAXMAN. The gentleman is correct.

Mr. WAXMAN. I reserve the balance of my time.

Mr. WAXMAN. Mr. Speaker, I yield myself such time as I may consume in debating this legislation. Mr. Speaker, and my colleagues, we have come to what I hope will be an historic occasion, and that is finally doing something about the harm that tobacco does to thousands and thousands of Americans who die each year, and to stop the attempt to get our children to smoke. But it has taken us far too long to get to this point. In 1994, the tobacco executives stood up before my subcommittee, they raised their hand, and they said they were going to tell the truth. They swore under oath, though, that nicotine was not addictive. They also said cigarettes were not harmful. They also said they didn't manipulate nicotine. They also said that they would never target kids. And, it turned out, they were not telling us the truth. In 1996, the Food and Drug Administration tried to regulate tobacco products, but the Supreme Court told them that they needed Congress to give them specific legal authority. Now, 13 years later, here we are finally giving FDA that authority to regulate the leading preventable cause of death in America. Every one of us has seen the devastating effects of tobacco through losing someone we love, watching others grow sick, or even feeling the grip of addiction firsthand. Worst of all is watching our children and grandchildren be targeted as the next wave of casualties. Regulating tobacco is the single most important thing we can do right now to curb this deadly toll, and FDA is the only agency with the right combination of scientific expertise, regulatory experience, and public health mission to oversee these products effectively. This legislation will direct the Food and Drug Administration to end the marketing and sales of tobacco to kids; to prevent manufacturers from calling cigarettes ``light'' or ``less dangerous'' when in fact they are not; and to require changes to what is in cigarettes, like toxic ingredients such as formaldehyde, benzene, radioactive elements, and other deadly chemicals. Some have objected that this bill is too big a challenge for an already overburdened FDA. But it is clear to me that FDA's recent struggles are primarily a result of years of chronic underfunding. This does not mean that FDA, with strong and committed leadership, cannot take on the critical role of protecting the country against the harms of tobacco. It simply means that when we give the agency this new responsibility, we also must give it the resources necessary to do the job and to do it well. We have ensured that this will happen. The tobacco program will be fully funded through a new user fee paid for by the industry. That money will go exclusively to the new tobacco center and will be enough for FDA to handle this task well. Furthermore, by doing so, we will ensure that the new tobacco program will have no impact on other missions at the Food And Drug Administration. In short, we have everything we need to take this historic step: A comprehensive and flexible set of new authorities and full, certain funding. All we need now is the political will to do the right thing. The breadth of support for this bill, from the AARP to the American Academy of Pediatrics, from the Southern Baptist Convention to the Islamic Society of North America, shows just how critical this issue is to all Americans. It is also supported by the American Lung Association, the American Heart Association and the American Cancer Society, the groups that are best situated to understand the damage caused by tobacco. I also want to note that we have worked hard to accommodate specific concerns that we have heard about this bill. In committee consideration of the bill last year, we made changes to ensure fairness and flexibility for convenience stores, tobacco growers and small manufacturers, and we worked with the minority to incorporate their suggestions. We also worked with members of the Congressional Black Caucus to ensure that menthol cigarettes will be an early focus of the agency's attention and the agency has the authority to deal with these and other products. I want to thank my colleague, Todd Platts, for his strong leadership and dedication to working on this legislation, as well as John Dingell and Frank Pallone for their diligent work in moving this bill forward over the years. I also want to thank Ed Towns, Stephen Lynch and Ike Skelton, all of whom were critical in getting us to this point. Each of these individuals has made this possible and produced a great victory for all Americans, especially our children. I urge the passage of this legislation. I reserve the balance of my time.

Mr. WAXMAN

Mr. WAXMAN. Will the gentleman yield?

Mr. WAXMAN. I would point out that even though cigarettes kill 400,000 people a year in this country, it is not regulated by any agency of the government. While it is an inherently dangerous product because it's the only product that, when used as intended, kills and makes people sick. It is not regulated. The FDA is the ideal place to have it regulated because they have the scientific expertise. They know how to regulate. They have been acting as a regulator. This is where our bill would place the responsibility.