Henry Waxman

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, I rise to pay tribute to Los Angeles County Supervisor Chair Yvonne Braithwaite Burke, who is retiring this year after an exceptional fifty years in public service. As an African American and a woman, Supervisor Burke has broken through professional barriers her entire career. She was the first African American woman elected to the California State Assembly, where she served from 1966 to 1972. She was the first African American woman from California elected to the U.S. House of Representatives, where she represented California's 37th Congressional District from 1972 to 1978. She was the first African American woman appointed to the House Appropriations Committee, the first woman to chair the Congressional Black Caucus, and the first Member of Congress to give birth while in office. She was the first female and African American to serve on the Los Angeles County Board of Supervisors. I had the pleasure of serving with Supervisor Burke in both the California State Assembly and the House of Representatives. When my wife Janet and I visited Washington the year I decided to run for Congress, Supervisor Burke, who had been elected just 2 years before, went out of her way to make us both feel welcome. Supervisor Burke and I served 4 years together in Congress, and it was my good fortune to be able to continue to work with her when she left to be a member of the Los Angeles County Board of Supervisors. I have greatly valued our many years of friendship, the experience, wisdom, and grace she brings to every problem, and her strong commitment to public service. I ask my colleagues to join me in recognizing Supervisor Burke's extraordinary 50-year career and extensive record of accomplishments. Janet and I wish her and her family the very best for the future.

Mr. WAXMAN

Mr. WAXMAN. I thank the gentleman from the great State of New York, the able chairman of the subcommittee, for yielding to me. H.R. 3033, as amended, would create a centralized governmentwide database of information to more effectively monitor the award of Federal tax dollars. It would include not only information on companies and grantees that have been debarred by the Federal Government, but also information on civil, criminal, and administrative proceedings that have been concluded against contractors and grant recipients. No such comprehensive database currently exists, and creating one would allow more efficient monitoring of Federal procurement and assistance programs. This is a commonsense initiative that would allow the Federal Government to track fraudulent contractors and grantees and stop them from moving from agency to agency if they are debarred. The bill was introduced by Representative Maloney, and it is modeled on legislation that she passed for the city of New York when she was a city council member. That law has been very effective for the city. The ranking member of the Oversight Committee, Representative Tom Davis, raised a number of concerns with the bill as originally drafted, and we worked with Representative Davis and his staff to try to address these concerns, and I thank him for his willingness to work with us on this matter. We have also made changes reflected in the bill before us today to address concerns raised by other committees with certain provisions in the bill. As I understand it, some letters have been sent out in opposition to the bill without knowing that those changes have been made to address the concerns that were raised. The result that we have before us today is a measure that enjoys bipartisan support. I urge Members to support H.R. 3033, as amended.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I rise in strong support of H.R. 5712, the Close the Contractor Fraud Loophole Act. This bill would create a mandatory requirement for Federal contractors to disclose violations of Federal criminal law or significant overcharges discovered with relationship to a Federal contract. It would replace our current system of voluntary disclosure. Moving to mandatory disclosure has been recommended by the Justice Department for good reason, the voluntary disclosure system is simply not working. In fiscal year 2007, only three contractors participated in the Defense Department's voluntary disclosure program. Congressman Welch introduced this bill after the administration exempted contracts performed in Iraq and Afghanistan from a proposal to make fraud reporting mandatory. This exemption made no sense. As this committee's oversight has shown, fraud and over-billing are widespread in Iraq. The administration testified at a hearing before the Government Management Subcommittee that these exemptions were included inadvertently, and they said they made a mistake. This is a mistake that needs to be corrected, and that's why I commend Congressman Welch for pressing this issue and introducing this legislation. If we pass this bill, the real winners will be the Federal taxpayers. Prior to our committee markup on the bill, we worked with Ranking Member Davis to address certain concerns he raised with the way the bill was originally drafted. And I want to thank Mr. Davis for working with us in a constructive manner to ensure passage of this bill. The bill before us, H.R. 5712, as amended, would preserve Representative Welch's original intent while at the same time preserving the legitimate role of the regulatory process. The bill requires that the Federal Acquisition Regulation be amended within 180 days to require disclosure of fraud for both domestic and overseas contracts, and for commercial item contracts. I urge Members to support H.R. 5712, as amended. It has been approved by a bipartisan vote in our committee, and it ought to be overwhelmingly approved in the House as well.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, my colleagues, this is the third of the three bills we had before us out of the Oversight and Government Reform Committee dealing with contracting issues. And I rise in strong support of this bill, H.R. 3928, the Government Funding Transparency Act. This bill requires contractors and other entities that are dependent on taxpayers funds for more than 80 percent of their annual gross revenue to disclose the names and salaries of their most highly compensated officials. This requirement is similar to requirements that already apply to publicly traded companies under the rules of the Security and Exchange Commission and to nonprofit organizations through the Tax Code. It is based on a very simple principle. If you receive the vast amount of your revenue from the public, then the public has a right to know how that money is being spent. The need for this bill became evident when the head of Blackwater, the private security military company, refused to tell Congress how much it earns, how much he earns. Blackwater gets almost all of its revenue from contracts with the Federal Government, yet Eric Prince, the head of the company, refused to answer Congressman Murphy when Mr. Murphy asked how much he earned. As originally introduced by Representative Murphy last October, H.R. 3928 would have applied only to government contractors. Some felt that this approach unfairly singled out those entities, and we worked with the ranking member of the committee, Representative Tom Davis, to address this concern. And I believe that the result is a much stronger bill. The measure before us today applies to any entity that receives government funding, whether through a contract, grant, cooperative agreement, subsidy or any other form of Federal funding. The measure will bring much needed sunshine to how tax dollars are spent, including on contracts. Under the bill, companies that are privately held that receive the vast majority of their revenues from taxpayers' dollars would be required to disclose the salaries of their top officers. I want to congratulate and express my appreciation to Congressman Murphy for introducing this commonsense bill. American taxpayers have a right to know where their hard earned dollars are going. I commend the sponsor and those who have worked on this bill on both sides of the aisle. And I urge my colleagues to support this bipartisan piece of legislation.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I rise in strong support of the Dingell- Murphy bill, H.R. 5613, which would delay seven Medicaid regulations that would shift billions of dollars in costs from the Federal Government to States, counties, school districts, hospitals, and other medical providers. There is absolutely no justification for such a cost shift, especially at a time when many States are struggling to avoid budget cuts as their economies slow and revenues decline. The bill would delay the implementation of these regulations until April 1, 2009. The Oversight Committee held hearings on this matter. We heard testimony from public and teaching hospital administrators, an emergency room physician, a child welfare worker and a school nurse. They explained how the regulations would shift costs to States and localities and what that cost would mean for access to services for beneficiaries. We also heard from a representative from the Centers for Medicare and Medicaid Services, which issued these regulations. And since Medicaid is a Federal-State program, one would think that when the Federal Government changes the rules, as these regulations would do, it would first try to determine what the impact of these changes would be on the different States. Well, we followed up with the head of the CMS for Medicaid, and he told us that he had not done a State-by-State specific analysis of the impact and he had no plans to do such an analysis. So our committee made our own analysis. We did a survey of Medicaid directors for 43 States and the District of Columbia, and they told us that if CMS were allowed to implement all seven Medicaid regulations, their States would lose nearly $50 billion in Federal funds over the next 5 years. The result of these cost shifts would not be greater efficiency, it would not be a savings of money, it would simply come out of the reimbursements, and fewer eligible populations. They would disrupt the existing systems for care of fragile populations, such as adults with severe mental illness or children with special health care needs. They would undercut the financial stability of hospitals and emergency rooms that treat Americans without health insurance. They would impose large, new administrative burdens and costs on State Medicaid programs without any offsetting policy benefit. In short, the best professional judgment was that the regulations would have harmful fiscal and programmatic consequences for their States and the people that look to the Medicaid program as the safety net for health care. The bill before us gives the department and the Congress the time to look into these issues in the detail they deserve without making fundamental changes in Federal Medicaid policy. I urge support for this bipartisan legislation.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, next month the State of Israel will celebrate its 60th anniversary. Indeed there are many reasons to be proud. Despite a backdrop of conflicts, boycotts, and constant regional turmoil, Israel has managed to generate a vigorous economy, a vibrant democracy, and a robust military. It has emerged as the closest and strongest ally the United States has in the Middle East and perhaps in the entire world. Some say Israel's success is a miracle. Maybe that comes as an easy explanation for a land steeped in Biblical history. The reality of course is that the Israeli people don't sit around waiting for miracles--they create them. From the battlefield of hard-fought wars to the produce fields of flowering kibbutzim, Israelis have accomplished feats many deemed impossible. They built up strong democratic institutions in a region hostile to their values. They turned a chaotic influx of Jews from Europe, Africa, the Americas and the Middle East into a prospering Jewish homeland that reflects the most varied traditions and trajectories of Jewish history. Time and time again, with the support of the United States, Israelis have taken great risks to seek peaceful coexistence with their Arab neighbors. One of the issues closest to my heart is Israeli ingenuity in environmental conservation. While Israel's commitment to the environment has moral and economic dimensions, it has also been a security imperative. For much of its existence, Israel has been subjected to Arab oil embargoes. Today, soaring oil prices are enriching adversaries like Iran that are bent on its destruction. With the price of oil now reaching $100 a barrel, Iran is reaping more than $90 billion in revenue a year. Those profits are being passed on to a dangerous nuclear program and terrorist cells in Lebanon, Syria, Gaza and beyond. The United States and Israel have built strong security ties to address these threats. But we need to explore energy-oriented solutions to help us overcome an addiction to oil that is driving prices even higher. I think Americans can learn a lot from Israel about water and energy conservation, and the use of solar power and other energy alternatives. Working together we can do even more to reduce carbon emissions and reverse climate changes that threaten our national interests. For many, including my own parents and relatives, the idea of a Jewish state was a dream. Its creation was indeed a miracle. Since then, the U.S.-Israel alliance has only grown stronger. Today, we can look forward to many more decades of peaceful and prosperous partnership. Congratulations to the Israeli government and the Israeli people on the 60th anniversary.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, H.R. 4881, introduced by Representative Ellsworth, is a very important bill. It's a simple one. It's a commonsense bill. It would prohibit the award of Federal contracts to companies that don't pay their Federal taxes. It accomplishes this by requiring contractors to certify they do not have a serious delinquent debt, and to authorize the Treasury Department to disclose such information to contracting agencies. The Federal Government should not be granting Federal contracts to companies that won't pay their taxes. Companies that cheat on their taxes have an unfair competitive advantage when bidding for Federal contracts because their costs are lowered. This bill will level the playing field and restore fairness to the Federal procurement system. Representative Towns, who is the chairman of the subcommittee, along with Mr. Ellsworth, have put a lot of time and effort into addressing these concerns and in crafting a very good bill, and I want to thank them for all their hard work. The minority also raised some concerns about previous versions of this legislation, and I also want to thank Representative Tom Davis for working constructively with us to address those issues. The end product before us today is solid legislation which should have bipartisan support, and which I hope will address this issue once and for all. I thank Representative Ellsworth for his excellent recommendations in offering this bill and seeing it through to the point where we are now on the House floor. I hope this bill will soon become law. I urge all my colleagues to vote for H.R. 4881.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, I rise today to recognize the extraordinary contributions of Cantor Aviva Rosenbloom of Temple Israel of Hollywood. Cantor Aviva will be retiring this spring after 32 remarkable years of service to the Temple community. She will be honored at ``Erev Aviva''--Night of Aviva for her dedication and inspiration during her lengthy and truly iconic career. The community-wide celebration will be an opportunity for us to thank Cantor Aviva and express appreciation for the contributions she has made to Temple Israel and the Los Angeles Jewish community at large. Cantor Aviva is only the second full-time Cantor to have served Temple Israel in its 82-year history. In fact, she was the first full- time Cantor to serve in the Los Angeles area. Throughout her tenure, she has become part of the fabric of the Temple community. She has a lively, warm and colorful presence. Her vibrant spirit and love for tradition is infectious; her voice has inspired many congregants over the years. Cantor Aviva has touched Temple Israel at its core as she led hundreds of children through their Bar and Bat Mitzvah ceremonies and taught countless adults to chant and sing Jewish prayers. She is known for continually updating and expanding Temple Israel's musical liturgy with jazz services and songs in Hebrew, Yiddish and Ladino. Cantor Aviva has premiered new works by contemporary Jewish composers in concert settings, and is comfortable with a whole host of musical genres, including classical, opera and folk. Our community owes Cantor Aviva a debt of gratitude for her tremendous record of accomplishments at Temple Israel of Hollywood. I ask my colleagues to join me in extending thanks for her outstanding and inspired contributions these past 32 years. Please also join me in wishing her all the best in her capacity as Cantor Emeritus and in all future endeavors.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, I rise today to recognize and congratulate the efforts of the Efrain Anthony Marrero Foundation. Over the last three years, the House Oversight Committee has held numerous hearings into the impact of steroid abuse. We've learned of widespread abuse, not just by professional athletes, but by millions of teenage boys and girls, and we've learned of the terrible health impacts of this abuse. We've heard from many experts who are doing the hard work necessary to reduce this epidemic of steroid abuse. And we've heard the tragic personal stories of families that have been affected by this problem. Frank and Brenda Marrero are the parents of Efrain Marrero. Almost four years ago, their son Efrain, a promising high school athlete, committed suicide following steroid abuse. The Marrerros grieved. And they also acted, starting the Efrain Anthony Marrero Foundation to tell their story and to educate teenagers about the dangers of steroid abuse. Representing their foundation, and keeping alive the memory of their son, the Marreros have traveled the country, speaking to parents, teachers, coaches, and teenagers at hundreds of workshops. Their simple message--and the power of their tragic personal story and their ability to persevere--have educated thousands of parents and children about the health impacts of steroid abuse. I want to thank the Marreros for their efforts. The foundation's motto--FAST--Fighting Against Steroids Together--is a reminder of the need for constant vigilance by coaches, teachers, parents, and public officials to solve this public health problem. I ask my colleagues to join me in recognizing the ongoing work of Frank and Brenda Marrero, and the Efrain Anthony Marrero Foundation, to reduce steroid abuse.

Mr. WAXMAN

Mr. WAXMAN. Madam Chairman, as one of the original cosponsors of this bill, I am proud of what it represents, and I strongly urge my colleagues to support it. This five-year reauthorization tells the world that the United States is truly committed to a sustainable global response to HIV, TB, and malaria. The bill raises our financial commitment. It authorizes the strengthening of local health systems and the training of workers, including the doctors and nurses on whom the sustainability of this program will rely. The bill also eliminates the onerous abstinence-only spending requirement. It replaces it with a provision directing country teams to tell Congress if they spend less than half of their funds for sexual transmission on behavior change programs. This is merely a reporting requirement, and should not be understood as a restriction on country spending. I do want to acknowledge some concerns about the bill. Many would have liked to see stronger and more inclusive language encouraging linkages to reproductive health services. I would have liked to see such language too. There is also concern about the current requirement that recipients sign an ``anti-prostitution pledge.'' People involved in sex work are very vulnerable to HIV infection, along with many other health and social risks. But what we hear from the field is that the pledge has had the unintended consequence of making groups shy away from effective outreach programs for sex workers. They are scared of running afoul of this broad oath requirement. I'm disappointed that we weren't able to eliminate it. While I think we've got more work to do in certain areas, I'd like to take this opportunity to comment on several elements of the bill which I believe are vitally important. First, despite the prostitution pledge, it is unambiguous that the intent of Congress is to direct close attention to the needs of sex workers and other marginalized groups. The bill specifically directs the provision of care, treatment, and prevention services to sex workers, injection drug users, and men who have sex with men. And it requires the development of strategies for providing evidence-based prevention services to each of these populations. This bill also makes some important refinements to the treatment program. The expansion of antiretroviral services has been a huge success. But many people still lack needed treatment. Others require more expensive second-line therapy. And while significant progress has been made in the utilization of generic drugs, some U.S. dollars are still being used to buy brand-name drugs when lower-cost generics are available. In light of these challenges, this bill instructs the AIDS coordinator to develop mechanisms for encouraging and facilitating the purchase of safe and effective drugs at the lowest possible price. The bill also requires the coordinator to report annually on the amounts paid for generic and branded antiretroviral drugs. And it requires that information on drug pricing be shared and updated routinely, so our partners can make purchases based on the best available information. Finally, I'd like to note that this bill puts an important new emphasis on research. While we've learned much through this program, we haven't seen a coordinated research agenda to address questions about what works and what doesn't, especially in the area of prevention. This bill mandates a detailed strategic plan for program monitoring, operational research and impact evaluation research. It also requires a strategy for maximizing the capacity of host countries to conduct their own research. But we should not let these developments make us complacent. The most basic, but often most pressing, health needs of the world's poor aren't being met. Children are still dying for lack of clean drinking water. Women face staggering rates of morbidity and death related to pregnancy and childbirth. And people across the world succumb to disability and death from treatable, and often preventable, illnesses. As we pass this bill today, let's not forget these other pressing health problems. I urge my colleagues to vote yes on H.R. 5501. And I hope that the lessons and successes of our global AIDS program inspire us to reinvigorate our commitment to a broader global health agenda.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, I rise to join my colleagues in expressing profound sorrow at the passing of our good friend, Tom Lantos. Tom was neither an ordinary American nor an ordinary Member of Congress. His personal experience as a Holocaust survivor--and the only survivor ever to be elected to Congress--defined his work in the House of Representatives. He bestowed on all of us a unique perspective that we both needed and relied on. As the founding co-chair of the Congressional Human Rights Caucus, Tom was known to all of us here and throughout the country as the conscience of the Congress. From the genocide in Darfur, to the human rights crisis in Burma, to the global AIDS epidemic, to modern-day slavery and human trafficking, Tom persevered on behalf of the world's most forsaken and most forgotten. It was an honor to serve with Tom on the Oversight and Government Reform Committee and Human Rights Caucus. His contributions to Congress, to our democracy, and to the disenfranchised and dispossessed around the world will remain with us always. On a personal note, Janet and I will never forget Tom and Annette's love for one another and their complete devotion to their children, grandchildren, and great grandchildren. We are certain the love of the Lantos family and the reflection in the days ahead on Tom's extraordinary life will carry them through this very sad time.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, this week marks the first anniversary in the Hebrew calendar of the passing of Beth Sharon Samuels, an extraordinary constituent who lost her life to cancer in January 2007 at the age of thirty-one. Beth grew up in Los Angeles, attending the Yeshiva University High School of Los Angeles and graduating as valedictorian. She went on to study at a women's seminary in Israel before graduating from Columbia University with a degree in mathematics. She then completed a three- year program at the Drisha Institute in Bible and Talmud, a Ph.D. in math at Yale, and earned an assistant professorship at the University of California, Berkeley. In the meantime, she gave birth to a daughter Danelle and later to daughter Natalia while undergoing intensive chemotherapy treatments. Beth coupled her academic talent with a passion for Jewish learning. During her time at Columbia, she served as a leader of the Jewish community and was a force for change on behalf of women's participation in Jewish ritual life. While at the Drisha Institute she traveled around the country to teach young women how to engage Jewish texts and explore their spirituality. She imbued all of her pursuits with youthful energy and zeal. According to her husband Ari, Beth wished that her legacy be the Jewish value of chesed--kindness. Her friends and family remember her for an extraordinary capacity to perform countless acts of kindness for others and help bring out the best in others. They celebrate her short life for its wisdom, zest, and humanity. My condolences go out to her parents, Elana and Zachary, her husband, Ari, her daughters Danelle and Natalia and her extended friends and family on this solemn occasion.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, today the House will take up legislation that, in the great tradition of the Energy and Commerce Committee, was reported out of the committee unanimously. I would have voted for it as well had I not been on the House floor presenting another piece of legislation. I want to commend Chairman Dingell, Subcommittee Chairman Rush, and Ranking Members Barton and Stearns for their great accomplishment. This bill will develop a standard that will protect children from the dangers associated with lead exposure. It will create a national standard that is one of the strongest in the world and ensure that our toys are as safe as possible. This is an accomplishment that we all can be proud of. But let me point out that no one piece of legislation can make all the changes that we need at the Consumer Product Safety Commission. What we need to continue to look for are ways to further improve the CPSC. We must ensure that the Consumer Product Safety Commission and the public get, and can appropriately use, information from manufacturers about the safety of their products. We must also ensure that the States have all the tools they need to permit them to fully assist the CPSC in its task because they will continue to be vitally important partners in enforcing the law. Every day, Americans rely on the Consumer Product Safety Commission to protect them from dangerous products. To date, frankly, it has not done its job. This bill is the first step in changing direction and in making the CPSC the effective agency the American people expect and deserve. I know this will be a continuing effort on the part of the committee, and I look forward to working with my colleagues on that committee in a bipartisan way, I hope, to ensure that we achieve this goal.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I rise in support of this legislation. It's a good bill as far as it goes. It's not the best bill. I know we always hear statements extolling legislation as if it were the best thing since sliced bread. The bill has some very positive features. It will give Americans more fuel-efficient automobiles. That could save families $700 to $1,000 a year, money that won't be going to the Middle East. The legislation will give Americans more efficient appliances and consumer goods, saving us hundreds of billions of dollars on electricity bills over the next few decades. In the House Oversight Committee, we reported out a provision in this bill that will dramatically improve the efficiency of new and renovated Federal buildings and reduce greenhouse gas emissions associated with energy use. But this bill did not keep the provision adopted in the House for renewable energy, renewable energy that would have moved us away from burning fossil fuels like natural gas and coal for our electricity. That was taken out of the House bill, and then the Senate put in a provision that would have enormous loan guarantees for nuclear power and the coal industry. So when you look at the balance of what we are doing for renewables, it is minuscule compared to what we are putting in for loan guarantees for nuclear and coal. Now, that is not in this bill, but it is in the omnibus bill, and I am very disappointed in that provision. I am disappointed that we didn't go further in a lot of other areas, but we are going to have to fight for those in the next year. At this point, I urge my colleagues to support this legislation. I guess it is the best we could do, and it has got some good features in it. On that basis, I will vote for the legislation and urge my colleagues to vote for it as well.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I thank the gentleman for yielding to me and I want to congratulate him on this accomplishment. This is a very good bill. Many people have played an important role in getting this bill to us today, and none any less than the chairman of the subcommittee who has shepherded it through to this point. I rise in support of the OPEN Government Act. The bill contains important provisions to improve public access to government records. This year the House of Representatives passed a series of good government bills to improve openness and accountability in the executive branch. These bills include legislation to increase access to Presidential records, improve contractor accountability, strengthen whistleblower protections, disclose information about donors to Presidential libraries, and enhance the independence of agency inspectors general. This bill, S. 2488, is the first part of this reform agenda that Congress will enact into law. The Senate bill is not as strong as the House-passed bill. It does not include a provision which I thought was a key one establishing a presumption that government records should be released to the public unless there is a good reason to keep them secret. But the legislation does include important reforms to the Freedom of Information Act, our Nation's best-known and most widely used open government law. The provisions in this bill will help FOIA requesters obtain responses to their requests, reduce backlog at all agencies, and increase transparency in agency compliance, improve access to attorneys' fees for requesters who are improperly denied information, and provide an alternative to litigation for requesters who are facing delay or denials. The Bush administration has an obsession with secrecy. Over the last 7 years, it has systematically undermined our open government laws, while radically expanding its powers to operate in secret. Government today has more power than ever to peer into the private lives of American citizens; yet American citizens know less and less about what their government is actually doing. It will take a concerted effort over many years to peel back this curtain of secrecy. We need to restore the presumption that government records belong to the taxpayer. We need more certain deadlines and stronger penalties if this legislation makes little headway in reducing FOIA delays. And we still need to enact the other good government reforms that this body has already passed but that remain stalled in the Senate. But this bill is a good first step. I am proud that this Congress is fighting for the public's right to know and urge adoption of this legislation.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I thank the gentleman for yielding time to me to support the Energy Independence and Security Act. With this bill, we will turn from the past to the future. We have begun the process of adopting energy policies that recognize the science of global warming and the threat to our Nation's energy security. This legislation will finally give Americans the fuel-efficient automobiles they want, saving families $700 to $1,000 a year. That is money we won't be sending to dangerous regimes in the Middle East. This legislation will finally give Americans more power from clean, affordable, renewable energy sources, using wind, solar and biomass. We can produce energy here and at home and fight global warming. The legislation will give Americans more efficient appliances and consumer goods, saving us hundreds of billions of dollars on electricity bills over the next few decades. And there are some things this legislation will not do. It won't diminish the EPA's authority to address global warming, which the Supreme Court has recognized. It won't seize authority from the States to act on global warming. President Bush has threatened to veto this bill because it takes away taxpayer subsidies to oil companies and supports new renewable energy technologies. It is time for the President to do what the American people want, not what the oil companies want. Many of us have been fighting this fight since 2001. With the leadership of Speaker Nancy Pelosi and other key Members, including Chairman Dingell, we are now finally in a position to enact essential energy reforms. I urge my colleagues to support this legislation.

Mr. WAXMAN

Mr. WAXMAN. Madam Chairman, I rise in strong support of the Employment Non-Discrimination Act, or ENDA. This legislation is long overdue. Prejudice has no place in the workplace. Nearly 10 years ago, the Federal Government set a bold example when President Clinton issued an executive order specifically outlawing discrimination based on sexual orientation in the federal government. Today, 22 States, the District of Columbia and more than 180 cities and counties nationwide have enacted laws prohibiting sexual orientation discrimination in the workplace. I am proud that my home State of California and my congressional district in Los Angeles have played a leading role in the effort to promote understanding, acceptance, tolerance, and equality for gay Americans. But congressional leadership is sorely needed to set a national standard for this fundamental civil rights protection. The health of our democracy requires that all Americans be entitled to justice. Civil rights and human rights should not stop at State boundaries. Like many civil rights battles before it, the fight for gay rights has been long, arduous, and frustrating. In recent years, we have faced many setbacks with anti-gay initiatives by President Bush and Republicans in Congress that serve only to fan the flames of intolerance and bigotry. The tide is turning. Earlier this year the Democratic leadership in the House and Senate achieved victories with hate crimes legislation that would criminalize attacks against individuals based on their sexual orientation or gender identity. With the passage of ENDA, we will push further by making it illegal to fire, refuse to hire, or deny a promotion to an individual on the basis of sexual orientation. As an original cosponsor of H.R. 2015, a more comprehensive version of this legislation, I am disappointed that H.R. 3685 does not protect against discrimination based on gender identity. I strongly support the amendment Representative Baldwin will offer to include gender identity in H.R. 3685 and if that amendment is not adopted, I pledge to work for an ENDA that includes gender identity. I look forward to passing this landmark legislation, which is a great leap forward for equal rights.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, I rise in support of the U.S.-Peru Free Trade Agreement. This has not been an easy decision. This is not an ideal agreement. But it contains significant improvements negotiated by the Democratic leadership. And because of these changes the agreement represents a critical step toward a more progressive trade policy that raises standards for labor, the environment, and public health. Under the Bush Administration, U.S. trade policy has gone from bad to worse. Instead of using trade agreements to raise standards of living, the U.S. Trade Representative has approached negotiations putting corporations ahead of consumers and profits ahead of people. In recent agreements with Central America, Morocco, and others, labor standards an environmental rules have been made expendable and unenforceable on paper and in practice. Trade provisions aggressively pursued on behalf of the pharmaceutical industry have sought to delay generic competition in developing countries where the absence of affordable medicine can mean the difference between life and death. Initially, the Peru FTA was no different. However, this spring the Democratic congressional leadership successfully negotiated substantial improvements to the agreement. On the medicines issue, specifically, the revised FTA restores much of the flexibility needed to safeguard generic competition and protect public health. For example, patent extensions are no longer mandatory in the event of regulatory delays. The agreement directs patent disputes to be resolved through the court system, instead of forcing regulatory agencies to link marketing approval to the status of a drug's patent. Language was also added to make clear that the FTA does not and should not prevent Peru from taking measures to protect public health. The Peru FTA is not perfect. There is a provision that delays the availability of generics for up to 5 years after a new drug is approved, even in the absence of a patent. USTR maintains that this ``data exclusivity'' provision is supposed to mirror a provision in U.S. law intended to incentivize research by allowing drug companies to recoup the costs associated with producing the clinical test data necessary for drug approval. But Peru is not a mirror image of the United States. It is a small developing market where the profitability for drug makers is minimal and the impact on a large population of poor and uninsured patients could be severe. The revised Peru FTA does make clear that Peru can override this five-year restriction if public health needs demand it. Additionally, the new FTA has a mechanism for generic medicines to become available in Peru no later than they are available in the United States. However even with these key exceptions, I believe data exclusivity is a clear example of how further changes are necessary in our negotiations with developing countries. Another area that needs reevaluation is the ``investor-state'' provisions that permit private investors to use trade tribunals to bypass regular legal channels in challenging government actions and regulations. While there have been some improvements to make the tribunals more transparent, greater reform is necessary to prevent abusive and unfair efforts by investors to undermine environment, health, safety and other laws and regulations. I would also like to see further progress to use trade agreements to strengthen adherence to core labor standards. The bottom line is that overall the improvements to the Peru FTA are a real achievement. Today, we can finally put a stop to the Bush Administration's ``one size fits all'' approach to trade negotiations. While it will take more than a revised Peru FTA to overhaul our trade policy in broader ways, this trade agreement is an important first step in the right direction. For that reason I will support it today.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, over the course of just one week, my home State of California has witnessed the most destructive and expansive wildfires in its history. Across southern California, more than a dozen large fires fueled by powerful Santa Ana winds burned over 500,000 acres. The flames engulfed forests, homes and businesses alike. In my congressional district, the city of Malibu lost homes, a community church, and Castle Kashan, an iconic landmark on the California coast. As these fires raged, thousands of courageous firefighters risked their lives to battle the flames, tirelessly working shift after shift in grueling conditions. Hundreds of volunteers donated money, resources, and time to help the nearly 1 million Californians evacuated at the height of the crisis. Officials at all levels of government acted swiftly to coordinate a rapid response. While we grieve for the hundreds of families who have been devastated, we must be thankful that even greater losses were averted. The damage caused by the fires is staggering in its scope and heartbreaking in its impact on those who must start over from scratch. But Californians are resilient and determined to restore their communities and rebuild their lives. Today we stand in solidarity as we consider H. Res. 778, a resolution honoring the first responders and supporting the victims of the southern California wildfires. This resolution sends an important message to all Californians that the Nation is with them, and that Congress stands prepared to provide the assistance they need.

Mr. WAXMAN

Mr. WAXMAN. Madam Speaker, I am deeply disappointed that this bill increases the amount of money going to abstinence-only programs. In 2004 I asked my staff to look at the curricula most popular among federally funded grantees in this abstinence-only program. We found that most contained significant scientific and medical errors. Kids were being taught that HIV can be spread through tears and sweat. They were taught that condoms didn't help prevent STD transmission. And they were taught that pregnancy occurs one in every seven times a couple uses condoms. But these findings didn't lead to change--instead the administration and other defenders of this kind of program dug in their heels. They insisted there was no problem, without taking seriously the fact that flawed public health information was being provided to American teens with taxpayer dollars. In 2006, GAO found that HHS still wasn't reviewing the medical accuracy of curricula used in the biggest Federal abstinence-only programs. It would be one thing if these programs actually worked. If they helped kids make healthier decisions, then maybe it would make sense to go in and try to deal with some of the accuracy issues. But abstinence- only programs don't work. In 2007, HHS released the results of an independent study it had requested on the effectiveness of federally funded abstinence-only programs. This was a randomized, controlled study--the gold standard of research. The researchers found that compared to the control group, abstinence-only programs had no impact at all on whether participants had sex. They had no impact on the age of first sex. They had no impact on the number of partners. And they had no impact on rates of pregnancy or sexually transmitted disease. There is no evidence to support these programs, and they should get no Federal funding. It is an outrage that instead they are receiving an increase. Defenders of abstinence-only like to claim that parents support abstinence education. It's true that surveys show parents want programs to promote abstinence as the healthiest choice for young people. We all want that. But the surveys also show that parents overwhelmingly want a full range of age-appropriate information taught, so that youth are best prepared to stay healthy. Parents care more about the health of their children than about politics or ideology. I think that's probably why they understand that the abstinence-only programs we've been funding are a mistake. They contain serious misinformation and, most importantly, are not effective in improving adolescent health. After putting more than a billion Federal dollars into these programs, we have seen no results. I know it's critical that we pass this appropriations bill. But it's wrong to spend scarce dollars on programs that we know don't work. It's wrong to put our children at risk of health problems and unwanted pregnancies because we've withheld essential health information. And it's indefensible to use adolescents as political pawns instead of taking an honest, evidence-based look at their health and well-being.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, 20 years ago, on December 7, 1987, there were 250,000 people gathered in Washington, D.C., to rally for the plight of Soviet Jews. I vividly remember participating in that rally, which took place on the eve of the Reagan-Gorbachev summit. It was a major turning point that helped compel the Soviet Union to open its doors for the millions of Soviet Jewish emigres who had been held as virtual prisoners within their own country. I think back to congressional delegations to the Soviet Union where I met with Jewish refusniks who were suffering under communist repression. These brave dissidents were blacklisted from their jobs, socially ostracized and, in some cases, jailed, only because of their desire to practice their religion and live in freedom. I remember meeting with young couples in and around Moscow who called us their lifeline. They were so desperate about their circumstances. They said our visits gave them hope that they were not forgotten, that they would one day be free. When the Iron Curtain fell, many of these families came to the United States to live the American Dream of religious liberty and personal freedom. Over 1 million more resettled in Israel. The historic human rights campaign to free Soviet Jewry was built on decades of activism. Launched in the 1960s by groups like the American Jewish Conference on Soviet Jewry and the Student Struggle for Soviet Jewry, it galvanized human rights leaders around the United States and the world. The movement helped build the momentum for the adoption of the Helsinki Accords and the passage of the Jackson-Vanik Amendment, which, for the first time, linked trade policy and human rights. Here in Congress, we founded the Congressional Coalition for Soviet Jews, and my wife Janet helped organize and found the Congressional Wives for Soviet Jewry. Other organizations, like the National Conference on Soviet Jewry and the Union of Councils for Soviet Jewry are still at work today fighting anti-Semitism and safeguarding the religious freedom of Jews in Russia and other parts of the former Soviet Union. Today, we celebrate the 20th anniversary of the Freedom Rally with pride in the history and accomplishments of the effort to free Soviet Jews. Let it serve as a lasting reminder that we have an obligation to sustain the fight against political and religious repression wherever it exists. Mr. Speaker, I urge support for this resolution.

Mr. WAXMAN

Mr. WAXMAN. Mr. Speaker, pursuant to H. Res. 741, I call up the resolution (H. Res. 734) expressing the sense of the House of Representatives regarding the withholding of information relating to corruption in Iraq, and ask for its immediate consideration.

Mr. WAXMAN. Mr. Speaker, I just want to point out that we asked Mr. Butler from the State Department questions such as whether the Maliki government is working hard to improve the corruption situation so that he can unite his country. We were told he could not answer that question unless we went into closed session, which would mean that if he answered it in closed session, it would be a national security violation for any of us to report his response. That was what was so offensive. They did not want to even discuss a broad kind of questions which go to the nature of our bilateral relations with Iraq how they are doing and what our efforts are doing and whether we are succeeding in stopping the corruption in Iraq, which is jeopardizing our mission and endangering our troops. I would like to now yield 3 minutes to the gentleman from Kentucky (Mr. Yarmuth).

Mr. WAXMAN. Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from Connecticut (Mr. Murphy).

Mr. WAXMAN. Mr. Speaker, it is my honor and privilege to yield 1 minute to the gentlewoman from California (Ms. Lee).