Henry Waxman

Mr. WAXMAN

Mr. WAXMAN. If the gentleman will yield to me, that is correct. I agree with the gentleman from Michigan that the intent behind both the legislation and the Executive order is to maintain a ban on Federal funds being used for abortion services, as is provided in the Hyde amendment.

Mr. WAXMAN. I yield the gentleman 30 additional seconds.

Mr. WAXMAN. I know that this is an issue of great concern to the gentleman from Michigan and many other members of the Energy and Commerce Committee. You have my commitment to work with you and other Members in the future. Parliamentary Inquiry

Mr. WAXMAN. Madam Speaker, I yield 1 minute to an important member of our committee who's played a very important role in this legislation, particularly as it relates to his State and other areas as well, the gentleman from New York (Mr. Engel).

Mr. WAXMAN. Madam Speaker, I'm pleased to yield, at this time, 1 minute to someone who's been a very active member of the Health Subcommittee and the vice chairman of the full committee, the gentlewoman from Colorado (Ms. DeGette).

Mr. WAXMAN. I yield 1 minute to my colleague from California (Mrs. Capps), who is a very active and influential member of the Health Subcommittee.

Mr. WAXMAN. Madam Speaker, I am pleased to yield 1 minute to the gentleman from Pennsylvania (Mr. Doyle), who has played a very significant role in bringing us all together and I think has a great deal of responsibility for getting this bill to the point where it is today.

Mr. WAXMAN. Madam Speaker, I yield 1 minute to the gentlewoman from Illinois, Jan Schakowsky, a member of our committee and the Health Subcommittee.

Mr. WAXMAN. Madam Speaker, for the purpose of a unanimous consent request, I yield to the gentleman from the State of Washington (Mr. Inslee), a member of our committee. (Mr. INSLEE asked and was given permission to revise and extend his remarks.)

Mr. WAXMAN. Madam Speaker, for the purpose of a unanimous consent request, I yield to the gentleman from Texas (Mr. Edwards). (Mr. EDWARDS of Texas asked and was given permission to revise and extend his remarks.)

Mr. WAXMAN. Madam Speaker, I yield the balance of my time to the gentlewoman from Wisconsin (Ms. Baldwin).

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, I rise in support of H. Res. 267, a resolution recognizing Nowruz, a festival celebrating the Persian New Year and arrival of spring. It is a pleasure to join my colleagues in support of the first-ever congressional resolution marking Nowruz, a two-week holiday that is observed by millions of people of Persian descent in the United States, Iran, Iraq, Azerbaijan, and many other nations of the world. The holiday symbolizes renewal, health, happiness, peace and prosperity and is celebrated by adherents of many religions including Islam, Judaism, Zorastrainism, and the Bahai'i faith. It is a special time to share with family and friends and honor cultural traditions that date back more than 3,000 years. As reflected in this resolution, Nowruz is also a special opportunity to recognize the important contributions of the Iranian-American community to our Nation's social and economic fabric. In Los Angeles, which is home to the largest Iranian-American community in the United States, there is great pride in the community's devotion to civic activism, philanthropy, and entrepreneurship. I would like to take this opportunity to wish all those celebrating Nowruz Aideh Shoma Mobarak, a happy and prosperous new year.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, it is my honor to welcome Rabbi Gil Steinlauf of Adas Israel Congregation in Washington, DC, as our guest chaplain today. When I was first elected to Congress and our family moved to Washington, we joined Adas Israel Congregation in Cleveland Park in the Washington, DC, area. Adas Israel is the largest conservative synagogue in our Nation's capital and one of its oldest. It also has a reputation for outreach to young families and Washington, DC, transplants. We have been members for more than 30 years. Rabbi Steinlauf came to Adas Israel in August 2008 to serve as its senior rabbi. He quickly made his mark as a charismatic, energetic, and dynamic spiritual leader. It has been a great pleasure to get to know him and his family. Originally from Jericho, New York, Rabbi Steinlauf was ordained in 1998 at the Jewish Theological Seminary in New York. He graduated from Princeton in 1991 with honors, and also studied at the Pardes Institute in Jerusalem and the University of Judaism, now known as the American Jewish University, which is located in my district in Los Angeles. Rabbi Steinlauf is joined this morning by his wife, Rabbi Batya Steinlauf, and his children Elana, Noah, and Meirav, his parents Bernard and Sandra, some of his extended family, and a proud delegation of Adas Israel. Thank you, Rabbi Steinlauf, for your inspirational words.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, each week brings more disturbing evidence of Iran's nuclear advances, its defiance of UN Security Council demands and its refusal to comply with the requirements of the International Atomic Energy Agency. The latest news, since the revelation earlier this year of an undisclosed nuclear enrichment site in Qom, is Iran's work on technology to set off a nuclear bomb. The regime is already believed to have enough low-enriched uranium available to, with further enrichment create at least one nuclear bomb. Together with its ongoing work on ballistic missiles to deliver a nuclear warhead, Iran could have a nuclear weapon within months. In an attempt to stop the Iranian program from moving ahead, President Obama has made a concerted effort to engage Iran in direct talks. Together with the permanent members of the UN Security Council and Germany, the United States has offered a clear path for Iran to end its status as a pariah state. So far, Iran remains intransigent. If international concern over the Iranian nuclear program is to be resolved diplomatically, we must increase pressure on Iran to come to the table. The bill before us does exactly that by establishing stringent sanctions to limit Iran's ability to import refined petroleum. It also provides waiver authority that preserves the Obama Administration's flexibility as it moves forward in its diplomatic efforts. Iran imports up to 40 percent of its refined petroleum supplies to power cars, planes, factories and other key economic infrastructure. With a disruption in supply, the Iranian government will be forced to grapple with the serious cost of its reckless choices. I regret that the Iranian people, already victims of a tyrannical government, could also face economic repercussions as the result of these sanctions. But I believe it is imperative to do everything possible to bring about a successful diplomatic resolution of this crisis and avert the need for military action. The danger of a nuclear-armed Iran is only underscored by President Ahmadinejad's unstable regime, its belligerence toward the United States, its calls for the destruction of Israel, its robust support for terror groups like Hamas and Hezbollah and its blatant disregard for its own citizens. I urge my colleagues to vote yes and take serious action to pressure Iran to change course.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I rise in strong support of H.R. 1147, the Local Community Radio Act of 2009, and I want to thank Chairman Boucher for his leadership in guiding this bipartisan bill through the committee. I also want to recognize and thank Mr. Doyle and Mr. Terry, the original sponsors of the bill, for their efforts to expand diversity, localism, and competition in our media landscape. Mr. Doyle has been a tireless advocate of local community radio, and I greatly appreciate his leadership, flexibility, and persistence. I'm pleased that the House is taking up this important measure, as I have long supported expanding low-power FM radio services. The bill removes a statutory barrier to the creation of potentially thousands of new low-power stations across the country. The creation of these stations will further the overriding national policy goals of promoting broadcast localism and diversity. I'm pleased that the bill includes strong protections against unreasonable interference for incumbent radio broadcasters, as well as a clear dispute resolution process should such interference occur. I want to thank National Public Radio for working with the Energy and Commerce Committee in a constructive manner. I also want to commend the Prometheus Radio Project, the United Church of Christ, and other supporters of low-power FM services for their valuable input. I urge my colleagues to support H.R. 1147.

Mr. WAXMAN

Mr. WAXMAN. Madam Chair, I want to commend Chairman Frank for his diligent work on the issue of financial reform. He has listened to members, and the manager's amendment and the bill before us today contain several provisions that were drafted in negotiation and cooperation with the Energy and Commerce Committee. In particular, the Manager's amendment makes a number of technical changes that are essential to preserving the intent of the legislation with regard to Federal Trade Commission (FTC) enforcement of consumer laws. While I am pleased that these technical changes were included, I want to note my concerns with a few of its provisions. First, the amendment creates new definitions for ``unfair,'' ``deceptive,'' and ``abusive'' that I believe could restrict the ability of the new Consumer Financial Products Agency (CFPA) to protect consumers. This new definition of both ``unfair'' and ``deceptive'' would require CFPA to abide by 30 year-old Federal Trade Commission policy statements that are not even legally binding on FTC. Perhaps the intent of this new language is to have CFPA use the same definitional terms used by FTC, but this language does not achieve that goal. Instead, it could slow rulemaking and limit the flexibility of the new agency. The new definition of ``abusive'' is similarly problematic. CFPA's authority to pursue abusive practices helps ensure that the agency can address payday lending and other practices that can result in pyramiding debt for low income families. Under the new definition of ``abusive,'' however, CFPA would be required to prove that a practice has an impact on the entire country's financial system, a restriction that could prevent the new agency from issuing important and long overdue rules. Second, I am concerned about new language that exempts some activities of consumer reporting agencies, known as CRAs, from CFPA oversight. I believe that these changes could split enforcement of the Fair Credit Reporting Act in a problematic manner and may lead to holes in regulation, oversight, and enforcement. Third, the exclusion for auto dealers included in the bill and modified in this amendment is inappropriate. A key mission of CFPA is to protect consumers as they secure credit and finance purchases. For many Americans, the car is the second largest purchase they will ever make. In a hearing this March, the Subcommittee on Commerce, Trade, and Consumer Protection heard about numerous abuses in the used and subprime car market. Witnesses testified about excessive dealership mark-ups that are hidden from consumers, financing deals that consumers are forced to renegotiate days or even weeks after they drive off the car lot, and hidden fees that can be added to loan amounts. There is a clear federal government role in strengthening consumer protection in the car financing area. The CFPA should have full authority to prescribe rules and enforce against fraud in this area. In addition to my general concerns about the exclusion, I am further concerned that the exclusion is so broad that it would allow virtually any activities by auto dealers to be excluded from oversight and enforcement by CFPA. Under this provision, an auto dealer could open a payday loan operation, develop financial fraud scams, or form other businesses under the umbrella of the dealership and remain entirely outside of CFPA's reach. If this provision becomes law, I expect that the Energy and Commerce Committee will ask the Federal Trade Commission to take a close look at the practices of auto dealers and to issue rules and conduct enforcement as necessary. Fourth, I remain concerned about the number of exclusions in the legislation and am troubled to find more in the Manager's amendment. For example, I believe that the exclusion for non-profit fundraising, while well-intentioned, would be ripe for abuse. As Chairman of the Oversight Committee, I held two hearings on abuses by fundraisers for veterans' charities. We found questionable charities and telemarketers who abused the public trust and took money from unsuspecting people. We found for-profit mailers and fundraisers creating charities in order to create work for themselves. A broad exclusion from CFPA authority could allow these fraudulent organizations to proliferate. Fifth, language in the Manager's amendment would add additional burdens to CFPA's rulemaking. We want CFPA to be strong and nimble. Yet, under this provision, CFPA would not be allowed to issue a ``one- size-fits-all regulation of nonbank products.'' Instead, it would be allowed only to issue ``product specific rules.'' This sounds innocuous and these terms are not defined but I anticipate that they could tie up any rulemaking proceedings. For example, if CFPA were to issue a rule governing disclosures for loans, some could argue that this provision would require the agency to issue separate, duplicative rules for each type of entity making loans. This provision could slow CFPA from prescribing important consumer protection rules that apply uniformly to all nondepository institutions. Mr. Chair, again, I want to thank Chairman Frank for working with me, and I look forward to continuing to work on this legislation. I am hopeful that, together, we can work through these issues as this bill moves through the legislative process.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on H.R. 4173 and to insert extraneous material therein.

Mr. WAXMAN

Mr. WAXMAN. Mr. Chairman, I rise in strong support of H.R. 4173, the Wall Street Reform and Consumer Protection Act of 2009. I have long advocated for comprehensive and effective financial regulatory reform. Last year, as the chairman of the Oversight Committee, we held many hearings examining the causes of the financial crisis. Those hearings showed government regulators were asleep at the switch while Wall Street banks drove our economy off a cliff. Change is necessary, and I believe this legislation will strengthen the Federal Government's ability to prevent and respond to future crises. Consumer protection is a central element of the Energy and Commerce Committee's jurisdiction, and I support the reforms in the bill. The legislation provides four essential improvements to the operations of the Federal Trade Commission. These improvements allow the FTC to seek civil penalties in enforcement actions against violations of the FTC Act, not just violations of rules and orders, as the FTC Act currently allows; enforce against those who provide substantial assistance to entities that commit fraud; promulgate rules using the Standard Administrative Procedures Act, processes used by virtually all other agencies; and litigate its own cases without delay when it seeks civil penalties against fraudulent actors. Each of these four provisions will strengthen FTC's consumer protection abilities and enable it to be a powerful partner with the Consumer Financial Protection Agency in protecting consumers from financial fraud. The Energy and Commerce Committee shares jurisdiction over the new Consumer Financial Protection Agency with the Financial Services Committee, and I am pleased Chairman Frank and I were able to find a compromise in this area. Under the agreement we have reached, the agency will start off with a single director who can take early leadership in establishing the agency and getting it off the ground. After a period of 2 years, the agency will continue operations with the leadership from a bipartisan commission. I have also been concerned about the provisions of this legislation relating to the regulation of financial instruments associated with the energy sector. I'm pleased to report that the Agriculture Committee and the Energy and Commerce Committee reached an agreement to address potential regulatory conflicts where the jurisdiction of the Commodity Futures Trading Commission as enhanced by the proposed bill could overlap with the jurisdiction of the Federal Energy Regulatory Commission. I want to thank Chairman Frank and his staff for leading this important legislation through Congress. I also want to thank Commerce, Trade, and Consumer Protection Subcommittee Chairman Bobby Rush for taking an early lead in examining the CFPA proposal in his subcommittee, and Chairman Emeritus Dingell for ensuring that we enhance FTC's role. Ranking Member Barton worked closely with us on our proposal to create a commission to lead the CFPA. And I finally want to thank Chairman Peterson for working with us to resolve the energy regulatory issues. I urge all of my colleagues to support this legislation. I yield back the balance of my time.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I ask unanimous consent that during consideration of H.R. 4173 pursuant to H. Res. 956, the Chair of the Committee on Financial Services be permitted to control 10 minutes of the time allocated to the Chair of the Committee on Energy and Commerce.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, as the city of West Hollywood gathers to celebrate the life of Howard Jacobs, I am proud to join the community in recognizing his accomplishments and sharing in the sadness that he was taken from us at such a young age. Howard Jacobs dedicated his life to helping people in need. His work with the West Hollywood City Council, the City's Disability Advisory Board, the Rent Stabilization Committee and most recently with First 5 LA, demonstrates the depth and breadth of his devotion to every segment of society. Perhaps he will be best remembered for his activism to fight HIV/AIDS discrimination and educate people about prevention, detection and treatment. Howard experienced many serious health challenges in his life. When he was first diagnosed with HIV/AIDS in 1989, scientific understanding of the disease was still emerging, societal stigma was pervasive and a diagnosis was a death sentence. But Howard always rallied. He helped West Hollywood design model policies to reduce HIV transmission in the gay community. To many he seemed invincible. Even with his passing it is clear that he will continue to serve as an inspiration. In my career in public service, I have seen so many instances when one person--one vote--one voice can make a world of difference. Howard Jacobs filled that role so many times and in so many ways. We will forever be in his debt for the world of good he brought in the short time he had to give.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, I rise in support of H.R. 3570, the Satellite Home Viewer Update and Reauthorization Act of 2009. I want to commend Mr. Boucher, the chairman of the Subcommittee on Communications, Technology, and the Internet as well as Subcommittee Ranking Member Stearns for their hard work on this bill. Mr. Boucher has been working on these issues since the first satellite TV bill in 1988, and he and his staff have been a tremendous resource for all of us as this bill has moved forward. Of course I also want to thank and recognize Mr. Barton and his staff for their work on this legislation. This has been a bipartisan effort from the start of the 111th Congress, and I appreciate the cooperative manner in which this legislation was processed. This bill is an important step forward for consumers. The communication provisions of this bill update the Communications Act to take account of the transition to digital television. The bill makes changes to the existing rules on ``significantly viewed'' signals in an effort to promote competition between satellite and cable companies. It directs the FCC to study issues that directly impact consumers, and it establishes a regime that should bring for the first time satellite- delivered local television programming, so-called ``local-into-local'' service, to communities throughout the country that currently lack such service. These can be arcane issues, but they determine the availability of satellite-delivered video programming to American households. It involves communications and copyright law, and we need, as technology evolves, to revisit the issues and strike the right policy balance. The task of combining separate Energy and Commerce and Judiciary Committee bills into a single product was complex and time consuming, but the final product is a balanced, bipartisan measure. I would like to commend Chairman Conyers, Ranking Member Smith and Judiciary Committee staff for working cooperatively with the Energy and Commerce Committee to produce a final bill. I note that the bill before us incorporates the language of H.R. 3570 as well as H.R. 2994. H.R. 3570 was referred solely to the Committee on the Judiciary, while H.R. 2994 was referred solely to the Committee on Energy and Commerce. The members of both committees worked diligently on their respective bills to address issues within the jurisdiction of each committee, and both committees filed reports on their separate bills. Accordingly, the legislative history of H.R. 3570 incorporates the legislative history of H.R. 2994. The Judiciary Committee's title of this bill concerns the use of compulsory copyright licenses by cable and satellite companies to retransmit broadcast television programming. The reauthorization and refinement of these provisions will serve to promote competition for pay television services and to ensure that consumers can continue to benefit from this competition. The Judiciary Committee wisely chose to address for the first time the existence of the so-called ``multicast'' signals and how these signals are being treated with respect to the compulsory copyright license. It is important to note, however, that the Judiciary Committee's treatment of multicast signals does not, and should not, have any bearing on the treatment of multicast signals in other regulatory or statutory contexts. Simply put, the treatment of multicast in title I of this bill is limited in application to copyright law. It is imperative that the way multicast signals are treated under copyright law cannot be confused with the way multicast signals are treated under communications law. Similarly, it's important that the communications law provisions of this bill do not affect copyright law beyond what is explicitly intended by the act. To address this concern, the legislation includes savings clauses that make clear that the melding of two complicated statutes should not lead to changes in title 47 or title 17 beyond the scope of this reauthorization. These clauses are important provisions designed to avoid unintended consequences. In sum, I believe we have before us a carefully crafted bill that strikes the right balance among an array of complicated legal and policy matters. The bill is good for consumers, and I urge my colleagues to vote to approve this legislation.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, pursuant to House Resolution 903, I call up the bill (H.R. 3961) to amend title XVIII of the Social Security Act to reform the Medicare SGR payment system for physicians, and ask for its immediate consideration.

Mr. WAXMAN. Mr. Speaker, I yield myself 3 minutes. Today, we consider legislation that will maintain and strengthen Medicare for seniors and individuals with disabilities. A law passed in 1997 set a limit on payments to Medicare physicians. The idea was to save money, but the limit was set too low and required draconian cuts, forcing Congress to intervene with temporary fixes. In 2004, the law required a 4.5 percent cut. In 2008, it was a 10.1 percent cut. This year, doctors face a 21 percent cut. These are unsustainable cuts that would bring about havoc in the Medicare program. Congress has responded by enacting temporary 1-year fixes. These temporary fixes only make the problem worse the next year. The result has been a cycle of ever increasing cuts followed by ever costlier fixes. This is not a problem of mere budget or fiscal discipline; it is a kitchen table problem for America's seniors and for the physicians who are partners in the Medicare program. Medicare's ability to guarantee health care for seniors would be eliminated if these cuts went into effect. We are rightly asking much of the health care providers in health reform. We are demanding they provide care more efficiently, that they improve the quality of care, and that they give taxpayers good value for their dollars. In return, we need to pay them fairly for their efforts and to be an honest partner. We have two basic choices. We can solve this problem permanently or we can enact another 1-year Band-Aid. This legislation says that we will finally enact a lasting reform. The House recognized in our budget that honest accounting means facing this problem squarely and finding a way to address it. This legislation meets that call, replacing the sustainable growth rate for physicians, or SGR, which Congress enacted in 1997, with a more responsible and stable system for the future. We must be honest about this problem and address it responsibly and immediately. We can take that step today by passing this bill and combining it with statutory PAYGO, which will help restore fiscal discipline. I urge Members to support adoption of this bill and reserve the balance of my time.

Mr. WAXMAN. Mr. Speaker, I'm pleased at this point to yield 1 minute to the distinguished majority leader to speak on the legislation, the gentleman from Maryland (Mr. Hoyer).

Mr. WAXMAN. Mr. Speaker, I yield myself 1 minute. I do want the American people to understand the Republican position, because this is what they would do to Medicare. If we didn't have health reform, we still have to deal with the problem we are having with Medicare, where millions of seniors are relying on that program. And if they produce a 20 percent cut in physician fees, the people in Medicare will not be able to get access to doctors. That means that if we don't deal with the whole health care system and hold down the costs, and we don't do health reform, Medicare will face deeper and deeper cuts, and the Republicans are giving a clear indication of that's exactly what they would do. Mr. Speaker, I yield 2 minutes to our champion on health reform, the gentleman from Michigan (Mr. Dingell). (Mr. DINGELL asked and was given permission to revise and extend his remarks.)