Henry Waxman

Mr. WAXMAN

Mr. WAXMAN. I thank the gentleman for yielding. Just over 3 months ago, the Macondo well exploded in the Gulf of Mexico, causing the largest environmental disaster in U.S. history. Eleven workers on the oil rig died. The Energy and Commerce Committee has held nine hearings into the chain of events that caused the blowout of BP's well and its impact on the gulf coast. These hearings revealed that BP and its partners made a series of risky decisions that undermined well safety. Our committee then passed the Blowout Prevention Act, H.R. 5626, 48-0, to strengthen Federal drilling regulations. This bill before us today contains key provisions from our legislation. I want to thank Natural Resources Committee Chairman Rahall for working with us to include these provisions. BP chose a risky well design on the Macondo well that provided minimal barriers to prevent dangerous gases from flowing to the wellhead. They ignored their contractors' urgent warnings about how to cement the well safely. This legislation will ban these dangerous practices. It's too late to stop the explosion, but this legislation can hold the appropriate parties accountable and make sure this type of catastrophic blowout never happens again. Just over three months ago, BP's Macondo well exploded in the Gulf of Mexico, causing the largest environmental disaster in U.S. history. Eleven workers on the oil rig died. The well poured thousands upon thousands of barrels of oil into the Gulf of Mexico, threatening an entire way of life along the Gulf Coast. While BP has capped the well, the well has still not been permanently sealed. The Committee on Energy and Commerce has held nine hearings into the chain of events that caused the blowout of BP's Macondo well and its impacts on the Gulf Coast. The hearings revealed that BP and its partners made a series of risky decisions that undermined well safety. These decisions saved time and money for BP, but increased the risks of a catastrophic blowout. And based on what we found in our investigation, it is time for Congress to act. Investigations are ongoing and will continue to provide more details about the causes of this accident. But we know enough already about the weaknesses in the regulatory regime to craft commonsense legislative solutions. Building on our oversight, the Energy and Commerce Committee developed the Blowout Prevention Act of 2010 to establish new federal regulatory requirements to prevent future spills from oil and gas wells. The Committee reported this bill by a bipartisan vote of 48 to 0. Ed Markey and I worked with the Ranking Member of our Committee, Joe Barton, as well as Fred Upton, Gene Green, Charlie Melancon, and other members to craft the Energy and Commerce bill. I want to thank them for their constructive suggestions. Key elements of the Energy and Commerce Committee bill have been incorporated into the legislation we are considering today. I want to thank Natural Resources Committee Chairman Rahall for working with us to include these provisions. When BP's CEO Tony Hayward appeared before our Committee, we asked him to explain BP's risky decisions. He tried to dodge responsibility, telling us repeatedly that he was not involved in the critical decisions. And he tried to shift blame to others. It was clear that Mr. Hayward and other top BP officials paid virtually no attention to the risks the company was taking. To ensure greater accountability, this legislation requires oil company CEOs to certify that their well designs and blowout preventers are safe and that the company can promptly control and stop a blowout if these well control measures fail. BP chose a risky well design on the Macondo well that provided minimal barriers to prevent dangerous gases from flowing to the wellhead. They ignored their contractor's advice about how to properly cement the well. They failed to conduct a critical cement test. And they failed to properly circulate well fluids. The legislation we are considering today will set strict new requirements to ensure that these basic well control practices cannot be ignored at offshore wells. BP says it relied on the well's blowout preventer as the last line of defense. But we know blowout preventers are not foolproof--not even close. To increase the reliability of this essential safety device, this legislation sets minimum standards for blowout preventers, including the requirement that blowout preventers have two sets of blind shear rams and redundant emergency backup control systems that can activate when communications from the rig are severed. We were careful to provide regulatory flexibility so that the minimum requirements can evolve as the technology improves. To ensure compliance with these new requirements, the legislation requires that blowout preventers, well designs, and cementing programs and procedures be certified as safe by independent, third-party inspectors selected by the federal regulator, not the oil companies. But the costs of these independent certifications will be paid for by the oil companies. BP also took advantage of a lack of resources and a failure in the regulatory culture at the Minerals Management Service. This legislation puts an end to this culture of complacency. It requires the Department of the Interior to set tough standards and creates a committee of independent experts to check their work and make sure they do their jobs. This independent committee will review available technologies, assess industry practices and regulations, and provide the best, most up-to-date technical and regulatory advice so that we have the best possible set of rules for drilling offshore wells. It is too late to stop the explosion and blowout on the Deepwater Horizon. But, with this legislation, we can hold the appropriate parties accountable and make sure that this type of catastrophic blowout never happens again.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I rise in support of H.R. 5320, the Assistance, Quality, and Affordability Act of 2010--the AQUA Act. This legislation will reauthorize and increase funding for the drinking water state revolving fund under the Safe Drinking Water Act. The drinking water SRF helps fund infrastructure improvements to increase compliance with drinking water standards, protect public health, and assist the public water systems most in need. This important program has not been reauthorized since it was originally enacted in 1996. The AQUA Act would reauthorize it and increase authorization levels from $1 billion to $1.8 billion in 2013. Our Nation's water systems serve over 272 million people, and, according to EPA, are facing infrastructure bills with the potential to climb to over $330 billion over the next 17 years as our existing infrastructure ages. Currently, we are not investing enough to maintain the infrastructure we have, let alone improve and upgrade it. Reauthorizing the drinking water state revolving fund is a critically important step in addressing this priority. This bipartisan legislation will also amend the drinking water act to improve the technical assistance programs for small systems, encourage good financial and environmental management of water systems, strengthen EPA enforcement authority, reduce lead in drinking water, study the presence of pharmaceuticals and personal care products in sources of drinking water, and strengthen the endocrine disruptor screening program. The AQUA Act has strong support from stakeholders across the board: rural and metropolitan water systems, state drinking water administrators, civil engineers, labor unions, water technology researchers, and environmental groups. These groups have been brought together by the urgency of needed investment in our water infrastructure, and a focus on projects that make long-term sense. I would like to thank several members of the Energy and Commerce Committee who have contributed to this legislation: the ranking member Mr. Barton, the Subcommittee Chair Mr. Markey, Mr. Rush, Ms. Eshoo, Ms. Baldwin, and Mr. Melancon. I would also like to thank members of the Committee staff, both majority and minority, for their hard work on this legislation: Jacqueline Cohen, Tracy Sheppard, Greg Dotson, Michal Freedhoff, Jerry Couri, and Amanda Mertens Campbell. I urge my colleagues to support this important bipartisan measure.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, I rise today to commemorate the 75th anniversary of the Social Security program. Social Security has been one of the most popular and successful government programs in our nation's history. It is a social compact that extends across all generations and all income groups. More than 95 percent of American workers pay into the system and without it, more than half of today's seniors would live below the poverty line. In addition to lifting millions of elderly Americans out of poverty, Social Security provides vital social insurance to countless disabled workers and survivor benefits for dependent spouses and families. Because so many people depend upon the Social Security benefits they have earned over a lifetime of work, any changes in the current system must be reviewed very carefully. Any effort to change the Social Security system should be bipartisan, reflect broad public support and continue to ensure a guaranteed benefit with annual cost-of-living adjustments. I will continue to work with my colleagues to preserve and strengthen the current Social Security program and to oppose any plan that would violate our nation's compact with retirees.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I'm pleased to rise in support of this very important legislation. It was in 1934 when the Communications Act was adopted that it set out that they would have the goal, in this country, of making available, so far as possible, to all people without discrimination on the basis of race, color, religion, national origin or sex, a rapid, efficient, nationwide, and worldwide wire and radio communications service. Well, this legislation before us today furthers this core principle by ensuring that Americans with disabilities can access the latest communications technology. It's only fitting that we're taking this bill up today, the 20th anniversary of the landmark Americans with Disabilities Act. Although the ADA remains a critical protection for Americans with disabilities, our communications laws have not been updated since 1996 when Congress required that plain old telephone service be accessible to individuals with disabilities. Fourteen years is more than a lifetime in technology policy, especially in the Internet age. The world of communications has been transformed, and we need to update relevant laws so that individuals with disabilities can share in the amazing benefits these products and services have to offer. H.R. 3101 updates these laws in a number of important ways. Among other things, the bill requires that advanced communications services such as videoconferencing and text messaging be accessible to individuals with disabilities. It ensures that Internet browsers on smartphones are accessible, and that TV programming distributed over the Internet contains captions. It reinstates video description rules designed to ensure that individuals with vision impairment have better access to TV programming, and it ensures the emergency alert scrolls that warn consumers of hazardous weather and other conditions can be heard by those who have vision impairments. Although the legislation requires access to up-to-date communications devices and video programming for individuals with disabilities, it's crafted to allow the industry great flexibility in achieving these goals. Given the pace of technological change, industry should be allowed to meet the bill's requirements by utilizing the best, least expensive technology or application. So not only is the legislation the right thing to do for the millions of Americans with disabilities, it is friendly to business and encourages innovative solutions. I would like to recognize the bill's sponsor, Mr. Markey, for his ongoing dedication and passion for this cause. I want to commend Chairman Boucher for his leadership in guiding the bill through his subcommittee. I want to thank Ranking Member Barton and Ranking Member Stearns as well, and their staff, for their very significant contributions to this bill. As I said when we marked up this legislation at the Energy and Commerce Committee, H.R. 3101 is truly bipartisan, a consensus measure. It demonstrates what Congress can accomplish when we work together. H.R. 3101 will improve the lives of millions of Americans. And on this 20th anniversary of the Americans with Disabilities Act, I urge every Member to vote in support of this measure.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I rise in support of the Lee Amendment. The war in Afghanistan is now the longest in our nation's history. It has cost the lives of over 1,150 American soldiers, hundreds of allied troops and scores of Afghan civilians. It has drained our nation's Treasury at a time of immense domestic challenges. It has strained our relationships with allies in the fight against terrorism. And it is making us less safe, not more, by inciting anti-American sentiment across the world. I supported this war at its outset. After the horror of September 11th, our nation faced a clear need to strike the Taliban and the Al Qaeda operatives it supported. While I disagreed with the Bush administration's conduct of the war, I believe President Obama has tried to make a decisive effort to improve the situation and chart a course for bringing our troops home. However, the Afghan government has proved to be inadequate to the tasks before it. President Karzai has not proven to be a trustworthy partner. Flawed elections, rampant corruption, missing money, and a lack of accountability have crippled international efforts to establish the rule of law. This is a fundamental problem of governance, and a problem that the continued presence and heroic efforts of our troops cannot change. In 2007, I cast a similar vote to advance redeployment from Iraq as it was clear to me that the Iraqi government would only begin to chart a path towards stability once it realized that our commitment was not open-ended. I look forward to the completion of our redeployment from Iraq by the end of next year. Today, as we determine the future of our commitment to Afghanistan we must pledge not to completely disappear from involvement in Afghanistan, but neither should we be willing to commit to the indefinite task of nation-building with a government that has proven an unwilling and incapable partner. Although I recognize the significance of President Obama's announcement of a timeline for withdrawal beginning in July 2011, I do not believe we have the luxury to wait a year to begin this process. I urge my colleagues to support this amendment.

Mr. WAXMAN

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

Mr. WAXMAN. I yield myself such time as I may consume. Mr. Speaker and my colleagues, I rise to join everybody else who has spoken in favor of this bill and urge passage of H.R. 5712, the Veterans, Seniors and Children's Health Technical Corrections Act. It's a small set of noncontroversial changes to the law needed to provide for the smooth functioning of the Medicare, Medicaid, Child Health Insurance, or CHIP program, as well as the 340B program. The legislation has no cost. One provision ensures that a special enrollment period into Medicare part B does not exclude some of the veterans for whom the policy was intended. Another provision clarifies that the redistribution of unused Medicare-funded residency slots not inadvertently take slots away from hospitals that were cooperating with other hospitals to actually use these slots. This is a practice that occurs in 36 States, and they want this clarification. We also have a clarification that children's hospitals will continue to have access to discounts on orphan drugs through the 340B program tape. The bill would modify the payment system for nursing facilities in Medicare, ensuring smoother operations of that program. And virtually all of these provisions have been passed by the House at least once. Many of them have been passed by the Senate as well. This legislation needs to be enacted now because it modifies provisions of law that are coming into effect now, or will come into effect within the next few months. So the legislation is fully paid for, will not increase the deficit. It involves technical corrections only. It's a bipartisan bill, and I'd urge my colleagues to suspend the rules and pass this legislation. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, it has been 1 year since Iran's disputed elections brought thousands into the streets to protest the regime's fierce grip on fundamental liberties. Today we pause to pay tribute to the faces of freedom that rose up in peaceful and spontaneous demonstrations across Iran only to be met with brutal violence by the thuggish paramilitaries of the Iranian revolutionary guard. In the days and weeks following the election, dozens of protestors were killed, hundreds were injured, others were arrested and tortured and some even died while in police custody. In the year since, Iranian authorities have cracked down on numerous other gatherings and severely curtailed the ability for Iranians to gather for national and religious holidays. Although the 2009 election was not the first subject to serious irregularities, vote tampering and corruption, the obvious vote rigging that led some provinces to report a turnout greater than 100 percent created a tipping point. At one point the anti-election momentum fueled a ``Twitter revolution,'' as tech-savvy Iranian youth mobilized gatherings through texting and instant messages. It was a telling sign of the opportunity for technology to surpass censorship and galvanize a freedom movement. The Iranian people take great pride in their nation's vibrant history as a crossroads of the world, but the dangerous policies of the current government have made them more isolated than ever. The government's reckless management of the economy has prioritized enriching the mullahs and the Iranian Revolutionary Guard Corps, while the average Iranian faces an unemployment rate approaching 30 percent. The regime's illegal nuclear activities and dogged support for terrorist organizations have made Iran a pariah state in the community of nations. And now, with the recent passage of strict sanctions by the U.N. Security Council, the stagnant Iranian economy only stands to deteriorate further. While tensions remain high between the United States and Iran, this resolution is a testament to our solidarity with the Iranian people and their courage to stand up for a better future. I am proud to be a cosponsor of the measure and I urge my colleagues to support its passage.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker. The world cannot tolerate a nuclear Iran. With the punishing sanctions package before us today we take a major step to avoid that scenario by changing the calculus of Iran's leaders and those whose dealings with Iran contribute to its reckless policies. Most importantly, we do not stand alone in our efforts. Because of the initiative and leadership of President Obama, these sanctions will be applied within a much broader framework of multilateral sanctions approved by the United Nations Security Council and complementary sanctions efforts in Europe and Russia. Although the goal may be straightforward, the Iran strategy at hand is a complex array of diplomatic, financial and political pressures. The fact that we have arrived at a point where nations of the world are uniting to exact a price for Iran's illegal nuclear activities and its defiance of the international community should not be taken for granted. It was not inevitable. Rather, it is the direct result of dogged and unflagging diplomacy by this Administration to convince our allies and partners why and how Iran must be stopped. The results so far are promising. Already the European Union has initiated plans to implement and augment the U.N. sanctions and the UAE--one of Iran's biggest trading partners--has announced its intent to strictly enforce the U.N. sanctions. In addition, Russia has said that it will not deliver advanced S-300 surface-air-missile systems to Tehran, a development that would have significantly elevated the risks for any military action against Iran. Today, we have before us the most comprehensive set of sanctions of all. Among its key features, H.R. 2194 will impose severe restrictions on financial institutions doing business with Iranian banks controlled by Iran's Islamic Revolutionary Guard Corps (IRGC). Although U.S. banks have long been walled off from the Iranian banking system, banks in Europe and elsewhere in the world that continue business as usual with Iran will now be swiftly and entirely cut off from access to capital in the United States. It presents a stark choice that stands to have a significantly chilling effect even before the sanctions are fully implemented. The bill will also dramatically expand the depth and scope of sanctions targeting Iran's petroleum sector by placing sanctions on any insurance, financing and shipping companies involved in exporting refined petroleum to Iran or developing its domestic refining capacity. In addition, the bill will facilitate divestment from companies that do business in Iran by expressing support for state and local governments that choose to divest public assets and by ensuring that divestment efforts by private asset managers are not considered a breach of fiduciary duty. Finally, this bill prioritizes human rights in Iran by hindering the sale of Internet filtration and censorship technology to Iran and blocking companies engaging in such traffic from access to U.S. government procurement contracts. While I regret that the Iranian people, already victims of tyranny, could face economic repercussions as the result of these sanctions, I firmly believe that weakening the IRGC is essential to overcome the regime's oppression. I recognize that the window of opportunity could be limited. Iran now has partially enriched enough uranium to develop two nuclear warheads and its pursuit of nuclear weapons technology continues in earnest. But I urge my colleagues to vote yes and take serious action to pressure Iran to change course. And, once this bill is enacted, let us continue working with the President to make sure that these efforts proceed. It is possible for a strong and coordinated sanctions regime to convince Iran to take the clear path that has been offered to end its status as a pariah state. At the very least, it is our best hope to bring about a successful diplomatic resolution of this crisis and avert the need for military action.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I yield 2 minutes to the gentleman from New Jersey (Mr. Pallone), distinguished chairman of the Health Subcommittee of Energy and Commerce.

Mr. WAXMAN. Mr. Speaker, I am pleased at this time to yield 1 minute to the chairman emeritus of the Energy and Commerce Committee, the gentleman from Michigan (Mr. Dingell). (Mr. DINGELL asked and was given permission to revise and extend his remarks.)

Mr. WAXMAN. Mr. Speaker, I am pleased to yield 1 minute to the gentlewoman from the Virgin Islands (Mrs. Christensen).

Mr. WAXMAN. Mr. Speaker, I am pleased to yield 1 minute to a very important member of our committee, the gentleman from Texas (Mr. Gene Green). (Mr. GENE GREEN of Texas asked and was given permission to revise and extend his remarks.)

Mr. WAXMAN. Mr. Speaker, I rise in support of this suspension, and I yield myself such time as I may consume. After all is said and done, no one can say this is a great bill. It's a disappointment. It's an embarrassment that we are here today to ask for only 5 months' extension for the doctors who take care of our Medicare patients to be paid for the work that they are doing. But it has come to this. Because of the dysfunctional rules in the United States Senate, they could not get a bill for jobs passed. They could not get FMAP to assist the States for their Medicaid payment. They couldn't get extension of unemployment insurance. People are losing their unemployment insurance, or if they lose their jobs, they won't have it available to them. What we have before us is one little piece. It is at least for 5 months to extend the physician fee reimbursement. I can't say that we should be proud of this. This should have been fixed permanently. And this is the best we can do, so let's vote ``aye.'' I reserve the balance of my time and urge my colleagues to support the suspension.

Mr. WAXMAN. Mr. Speaker, I am pleased at this time to yield 1 minute to another important member of our committee, the gentleman from Texas (Mr. Gonzalez).

Mr. WAXMAN. Mr. Speaker, I am pleased at this time to yield 1 minute to the gentlewoman from Texas (Ms. Sheila Jackson Lee).

Mr. WAXMAN. Mr. Speaker, I yield 1 minute to the gentleman from New Jersey (Mr. Andrews). (Mr. ANDREWS asked and was given permission to revise and extend his remarks.)

Mr. WAXMAN. Mr. Speaker, in the 30 seconds I have left, let's pass this bill and go on to fix this problem. We owe it to the seniors who were promised Medicare coverage. And Medicare coverage means that they ought to have access to physicians who are paid for the care that they give those Medicare recipients. I urge an ``aye'' vote. I yield back the balance of my time.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, this week the world marks 4 years since the kidnapping of Corporal Gilad Shalit, an Israeli soldier abducted from his post at Israel's Kerem Shalom border crossing with Gaza. Two Israeli soldiers were also killed in the attack. Today, more than 1,400 days later, Gilad remains a hostage. Hamas has rejected all official requests from the International Red Cross to visit him. All it has provided is a propagandist video featuring Corporal Shalit in an address to his family. While that video was met with relief that he is still alive, it only compounded despair over the captivity of a young man who should be celebrating the most vibrant years of his life. Tragically, Gilad Shalit was not the first soldier kidnapped by Hamas. In 1994, Hamas terrorists in the West Bank kidnapped Nachson Wachsman, a dual U.S. and Israeli citizen who was tortured before he was murdered by his captors during a failed attempt at his rescue. Gilad Shalit may not be an American citizen, but he is a native son of a close strategic ally and a fellow democracy. His situation brings anguish to us all. As we consider H. Res. 1359, a resolution urging Gilad's release, let us pledge to redouble our efforts to bring about his safe return.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, I rise today to express my strong support for H. Res 1357, a resolution congratulating the Hollywood Walk of Fame on the occasion of its 50th anniversary. The star-studded sidewalks at Hollywood Boulevard and Vine Street are an iconic symbol of the American entertainment industry. First envisioned by former Hollywood Chamber of Commerce President E.M. Stuart, the Hollywood Walk of Fame today prominently fulfills its mission to maintain ``the glory of a community whose name means glamour and excitement in the four corners of the world.'' Since its inception in 1960, over 2,000 individuals have been awarded stars on the walk in the categories of motion picture, television, music, radio broadcasting, and theater. Individually, these stars honor the talents and extraordinary achievements of artists as varied as Sidney Poitier, Carol Burnett, Elvis Presley, Gloria Estefan and Bob Hope. Collectively, the Hollywood Walk of Fame celebrates an entertainment industry that is an engine of creativity and ingenuity and an emblem of American culture at home and abroad. Today, our Nation is proud to honor the Hollywood Walk of Fame, which attracts an estimated 10 million visitors a year, and its development as a lively hub for tourism and a thriving monument. It is most certainly a destination worth visiting and commemorating.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I rise in support of the Grid Reliability and Infrastructure Defense Act. When it is signed by the President, this will be a bipartisan law, and it will be vital in protecting the Nation's electric grid from cyberattacks, from direct physical attacks, from electromagnetic pulses, and from solar storms. Beginning in the last Congress, on a bipartisan basis, a group of Members worked on this legislation--Ed Markey, Joe Barton, Fred Upton, and I. John Dingell and Rick Boucher have also played significant roles in developing the proposal. John Barrow had a very important part in this legislation as well. I commend all of them for working together with me in preparing for this legislation that we are presenting to our colleagues today. The staffs of both the majority and minority had extensive discussions with interested stakeholders and agencies. We worked with many Members to answer their questions, to address their concerns, and to consider their constructive suggestions. Their input has strengthened this bill. It has been a cooperative process that has produced strong bipartisan legislation. In fact, the Energy and Commerce Committee favorably reported the bill by a unanimous vote of 47-0. Today, our electric grid simply isn't adequately protected from a range of potential threats in an emergency situation. Where the grid faces an imminent threat, the Federal Energy Regulatory Commission currently lacks the authority to require the necessary protective measures. There is also an ever-growing number of grid security vulnerabilities. These are weaknesses in the grid that could be exploited by criminals, by terrorists, or by other countries to damage our electric grid. There are weaknesses that even make the grid vulnerable to naturally occurring geomagnetic storms. This bipartisan legislation will provide the Federal Energy Regulatory Commission with the authorities it needs to address these threats. It also directs the Commission to look at the long-term threats, not just at the imminent threats, with standards written or approved by the Commission. In addition, the bill includes provisions that focus specifically on the portions of the grid that serve facilities critical to the defense of the United States. These are important national security and grid reliability issues. We have heard from the Defense Department, from former Defense Secretaries, from national security advisers, and from CIA Directors. They have told us that the changes made by this bill are critical to our national security, and the Congressional Budget Office confirms that the final bill is budget neutral. Today's legislation is an opportunity for all of us to work together, and I urge my colleagues to seize this opportunity and to support this important bipartisan legislation.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, it is with a heavy heart that I rise to honor the remarkable life and tremendous contributions of John Wooden, who passed away in Los Angeles last Friday. I want to begin by expressing my condolences on his passing to his family and the countless people whose lives he touched. John Wooden coached at UCLA when I was there earning my undergraduate and law school degrees. I was in my last year of law school when the Bruins had their first perfect season under Coach Wooden, a season that culminated in a championship win over Duke. Everybody on campus was thrilled. No one could have possibly imagined that this was only the beginning of a historic run that will probably never be matched. John Wooden would go on to coach the Bruins to an unprecedented 10 NCAA championships, including an incredible seven in a row, and a record four perfect seasons, which includes an 88-game win strike, from 1971 to 1974. The full list of records broken and accolades earned is far too long to cover here. His accomplishments have made his name synonymous with ``success,'' and it is unlikely that anyone will ever be able to match the accomplishments that he has achieved. Incredibly, his coaching success was never the most remarkable thing about him. What was the most remarkable was how he inspired people and motivated them to excel, on the court and off. As soon as a game started, it was clear that he wasn't your typical coach. Absent were the outbursts of cursing so typical from other coaches. Instead, Coach Wooden led with the calmness and poise of someone who knew he had prepared his players for anything they could face. Basketball was just a means for Coach Wooden to influence his players by instilling life lessons and the value of character. He relished the practice and the preparation far more than the games that brought him glory because they provided him the opportunity to teach. Hundreds of UCLA players attribute so much of the success in their lives to the years they spent with John Wooden. And he was most proud about that. While Coach Wooden could never be replaced, he will be remembered and celebrated for all time because of his love of the game, his love for his players, and his love for his family. John Wooden often said, ``You can't live a perfect day until you do something for someone who will never be able to repay you.'' Madam Speaker, Coach Wooden lived a lot of perfect days.

Mr. WAXMAN

Mr. WAXMAN. Madam Chair, I rise today in strong support of the amendment to repeal the ``Don't Ask, Don't Tell'' policy of our nation's military, a discriminatory and self-defeating policy that I have opposed from its inception. Our restrictive policy undermines our national security. It has resulted in the discharge of more than 13,000 trained and qualified men and women from our armed forces. It has caused thousands more not to re-enlist and countless others not to serve at all. That these brave men and women are being denied the opportunity to serve their country is a grave injustice. And, we have been so misguided in our pursuit of this discriminatory policy that we have ignored the very real harm it causes our military personnel at a time when our nation is engaged in two wars and the need for talented and dedicated service members could not be greater. Twenty-five advanced militaries throughout the world, including our closest allies such as Israel, Canada, and Britain, allow gays and lesbians to serve and none have seen any damage to their readiness. In stark contrast, the United States military, because of ``Don't Ask, Don't Tell,'' has undermined its readiness by discharging capable fighter pilots, infantry officers, translators, and other highly trained specialists who are in high demand. Admiral Mullen, Chairman of the Joint Chiefs of Staff, has said, ``we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens.'' Today, many Americans defending our nation could be subject to a ``Don't Ask, Don't Tell'' dismissal. They should be able to serve without fear that their nation will punish them for being open about who they are. ``Don't Ask Don't Tell'' is contrary to the values this country stands for. America was founded on the principle of human dignity and on the belief that all men are created equal--and yet this policy perpetuates the absurd notion that some are more equal than others. Those who oppose the repeal of ``Don't Ask, Don't Tell'' are using the same language used by those who opposed the racial integration of our Armed Forces in 1948, fought the inclusion of women, and argued against the Civil Rights Act in 1965. The arguments are just as wrong today as they were then. I want to commend Speaker Pelosi and President Obama for their leadership on this issue, and I ask all of my colleagues to support repeal. Passage of this amendment will bring an end to this shameful inequity.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, I rise today to pay tribute to Sandra Resnick, Marta Kinsberg, Ruth Sondik, and Sue Faiman for their distinguished careers as educators. The students, faculty, and parents of Taylor Mills School owe them a great debt of gratitude for their commitment to child development and educational excellence. We all remember a favorite teacher who inspired us to strive to reach our full potential. While Taylor Mills School community will miss the many years of knowledge and experience these devoted teachers will take with them, their personal influence on thousands of children will be their lasting legacy. On a personal note, I am delighted that Sandra Resnick's retirement will allow her to spend even more time nurturing the grandchildren we share, who, as she knows, are perfect. I ask my colleagues to join me in congratulating these wonderful teachers on their retirement and thanking them for their many years of commitment and hard work.

Mr. WAXMAN

Mr. WAXMAN. I want to urge my colleagues to vote for the part of this legislation that would update the SGR, which is the payment for physicians under the Medicare program. It's absolutely critical to do this if we are going to keep doctors in Medicare and keep the promise to Medicare beneficiaries that they will have access to physicians' services. This provision will provide a moderate increase in physician fees, 2.2 percent for the rest of this year, another 1 percent next year. If we don't act, doctors' fees will be cut by 21 percent from where they are today. This would be unconscionable. The truth is we should be doing a lot more than this. We should have had a permanent fix of the SGR issue. We need to ensure stability for the Medicare patients and their doctors. After we pass this, we will go back and address that issue, but it is important that we adopt the SGR part. Finally, I want to express my deep regret that we are not including two provisions that are essential to the fiscal security of those hardest hit by the recession: an extension of COBRA coverage and a 6- month extension of the Medicaid matching increase that helps States cope with the effects of this recession. Failing to do this will cost jobs and hurt vulnerable people. I hope this is not our final action on this subject. At least let's do what we can today. Support the physician payment improvement and support the bill. In addition, here is some additional specific information about the new 340B-1 program. Under it, covered entities will receive discounts on covered inpatient drugs in cases where the drug is provided to a patient who does not have health insurance coverage that provides prescription drug coverage in the inpatient setting with respect to such covered drug. The intent of Congress is that the Secretary implement and operate the 340B and 340B-1 programs in such a manner as to minimize the burden for providers and manufacturers who will be participating in both programs, and ensure the efficiency and integrity of the programs. Thus, 340B-1 Program has been specifically designed to permit the Secretary to operate it under the same general rules and conditions as the 340B Program. To the extent that a drug is a covered drug under both the 340B and 340B-1 program, the drug's AMP and ceiling price are required to be the same in each program. If a drug is a covered drug in the 340B-1 program, but not the 340B program, the Secretary must use methods to determine the AMP or ceiling prices that are the same, or as applicable, similar to, the methods that would be used to make these calculations under the 340B program. Two unique aspects of the 340B-1 inpatient drug program present challenges for hospitals and other participating entities. In many cases inpatient drugs are often included, for billing and other purposes, as part of a bundled price for medical procedures. In addition, 340B-1 discounted inpatient drugs are only available for patients that do no have health plan coverage that provides prescription drug coverage in the inpatient setting with respect to such covered drug. However, in many cases, particularly in emergency situations, hospitals or other participating entities might have no knowledge of a patient's insurance status (or information about whether a patient has health plan coverage that covers a drug in the inpatient setting) at the time the drug is administered. The Committee intends that in implementing this section, HRSA take these unique circumstances into account and act to make certain that participating entities can fully participate and receive discounts for all covered drugs in the 340B-1 program. Section 518 contains a conforming amendment to section 340B(A)(1) of the Public Health Services Act regarding circumstances where the supply of a 340B drug is insufficient to meet demand. New paragraphs 340B- 1(a)(1)(B) and 340B-1(a)(1)(C) contain identical language. These paragraphs in sections 340B and 340B-1 contain ``must offer'' language. Under these 340B and 340B-1 ``must offer'' provisions, manufacturers may not discriminate against or refuse to sell to 340B or 340B-1 entities at the 340B or 340B-1 price. The intent of these provisions is to codify HRSA's current approach to handling the ``must offer'' provisions of the 340B law, and to require that HRSA use this same approach for drugs covered under section 340B-1. Under this current HRSA approach, codified in this legislation, in cases where there may be a drug shortage, 340B and 340B-1 entities do not automatically go to the front of the line. But the manufacturer cannot send them to the back of the line either. With regard to supply shortages and drug availability, manufacturers must treat 340B and 340B-1 entities the same way they treat all their other customers. This language also contains a requirement for Secretarial approval of manufacturers' plans for cases where drug shortages exist. The timing of these approvals is at the discretion of the Secretary. New section 340B-1 and a conforming amendment to section 340B allow the HHS Secretary to combine manufacturers' agreements for the 340B and 340B-1 program. However, unless specifically mentioned in the 340B conforming amendments in this legislation, this legislation is not intended to change the operations of the 340B program. Nothing in section 340B or 340B-1 requires that hospitals and other qualifying entities participate in both the 340B and 340B-1 program. Participating entities may, at their discretion, participate in either, neither, or both programs.