[Congressional Record Volume 155, Number 79 (Thursday, May 21, 2009)]
[House]
[Pages H5999-H6005]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         HEALTH CARE IN AMERICA

  The SPEAKER pro tempore (Mr. Peters). Under the Speaker's announced 
policy of January 6, 2009, the gentleman from Iowa (Mr. King) is 
recognized for 60 minutes.

[[Page H6000]]

  Mr. KING of Iowa. I appreciate being recognized and having the 
opportunity to address you here this evening from the floor of the 
House of Representatives.
  As usual, if I sit here and listen carefully to those who have 
addressed you just previous, I get a different viewpoint on life than 
the one that I happen to hold.
  This is what this House is about. It's about open debate, it's about 
the contest of ideas and, at least in theory, and I'll say historically 
in fact, good ideas that have come out into this arena of this debate 
here on the floor of this House have been challenged. Sometimes there 
are clashes out of that. The things that are facts should emerge and 
the good judgment should prevail over bad judgment.
  That is, I will say, a broad generalization that I give. But as I 
listen to the discussions on health care and the posters that go up 
again night after night, the blue posters that say, Progressive Caucus, 
check in here. We'll tell you where America needs to go, and I'm 
listening to this discussion about health care and the argument. Here's 
one that I wrote down: If you have insurance you can stay right there. 
Don't worry. This is not socialism. The gentleman from the State of 
Washington made that statement.

  This proposal--President Obama's proposal and the one perhaps 
mirrored by the Progressive Caucus, which was represented tonight, they 
say, This is not socialism. Don't worry. If you have insurance, you can 
stay right there and keep your own insurance policy.
  Now let's examine those two statements within the context of what 
we're talking about here. If you have a health insurance that's 
privately held--maybe it's provided out of your wages, which would be 
allocated from your employer. If your employer is purchasing the health 
care policy for you, or if you're purchasing it out of your own pocket, 
however you might have that health care policy, that health insurance 
policy, we call that a private policy.
  Of all of the Americans that are insured in that fashion, this 
proposal would offer another alternative, and that alternative would 
be, Well, you really don't have to keep this private health insurance 
policy. You can be insured off the government policy instead.
  Now we wonder why we have private-sector employers that believe in 
free enterprise and should understand the dynamics that come from 
capitalism that would be supporting such an idea that there would be a 
government-run health care program for everybody that is apparently not 
covered already within SCHIP and Medicare and Medicaid.
  Sixty-five percent of the health care dollar that is already paid by 
taxpayer dollars, those 35 percent that remain, why would an employer 
want to support a policy that would replace the policy that he is 
providing for his employees with a government program?
  Of course, if we think about that for a minute, we know the answer. 
An employer might support that because they see that they can get some 
other taxpayers to pay a bigger share of the burden of providing that 
health insurance. And so some employers will opt to support the 
proposal of the President or the Progressive Caucus because it will 
lower their overhead costs and, at least in theory, up their margins 
will come.
  So when you hear the gentleman say, If you have insurance, stay right 
there. Don't worry. There is going to be fearmongering. You are going 
to see a campaign of fearmongering, to quote the gentleman from 
Washington precisely.
  It's not fearmongering to realize that we would be losing the private 
sector-provided health care in America. Because employer after 
employer, when they had to pay the health insurance premiums for their 
employees, would look and decide, Well, I think I'm going to have to go 
into the government program because, after all, I can't compete with my 
competition that is using a government-run health insurance program.
  By the way, what does the government do? They take the taxpayer from 
the workers. All of us pay taxes. By the way, corporations do not pay 
taxes. Corporations collects taxes from persons, from individuals, from 
end users.
  They're an aggregator of those tax dollars. They bring them together, 
then they write the check and send it off to the Federal Government. 
But they don't pay taxes. They build that into the price of the goods 
and services that they are selling. That is a very simple concept that 
seems to not be very well understood by a lot of Americans, Mr. 
Speaker, and I'm not convinced that it's understood at the White House 
itself.
  So the statement, If you have insurance, you can stay right there, 
only means a little while, because over time the private sector has to 
compete with the government sector. Government can always defeat the 
private sector simply by shifting costs off on to some other faction or 
write the rules in such a way that it's to their advantage.
  Now here's another example. The argument that under the prescription 
drugs under Medicare, that negotiating for the price of those drugs 
should be done by the Federal Government. The leverage already that 
drives down those costs pushes the costs up higher in the other 
sectors.
  We have a lot of health care overhead. And when we think about what 
happens within this, if someone goes into the hospital, and let's just 
say they get a hip replacement. That hip replacement will come for a 
fixed price, if it's Medicare. If it's a large insurance company that 
has negotiated a price that lots of times tracks the Medicare 
reimbursement rates down below the cost of providing the service, they 
will also only cut a check for that negotiated amount.
  Sometimes it's actually less than Medicare with large insurance 
companies. Most of the time it's slightly more. But they track with 
each other. And the smaller the insurance company, the less leverage 
they have and the more likely it's going to cost that insurance company 
more for the same procedure. That's called cost shifting.
  Cost shifting takes place because government has already driven the 
reimbursement rates down so that the health care providers can't keep 
their doors open unless they shift costs. That is an unjust tragedy 
that is taking place in America because government has interfered in 
the pricing process.
  Another unjust inequity that is taking place is that back during 
World War II there were wage and price freezes. And when the wage and 
price freezes were established in order to keep our economy from having 
the costs skyrocket during World War II--and, by the way, I disagree 
with that policy--the price freezes and wage freezes kept employers 
from giving wages to their employees in order to compete on the labor 
market, which was very tight. In fact, at the end of World War II, we 
had the lowest unemployment rate in the history of America--1.2 
percent.
  So employers, to be able to get around the wage and price freeze, 
gave health insurance benefits to their employees and paid the premium. 
They were able to deduct that premium as a business expense. But the 
employee couldn't deduct that premium themselves.
  So it set up an incentive, and some would say a perverse incentive, 
for employers to provide health insurance for their employees because 
they could deduct it, the employees couldn't. They needed to compete 
for wages and benefits, and that's how the package came together.
  Two large inequities, two fundamental flaws in the health care 
industry. One of them was: Whatever health insurance or health care 
costs that would be deductible for any entity in America should be 
deductible for every entity in America whatsoever. For the individual 
that is self-insured, that wants to write the check for their hip 
replacement, for the individual that wants to pay a low insurance 
premium in order to establish a high deductible and a high percentage 
of a copayment in order to get a low insurance premium, that person 
should able to deduct their costs the same as the one who has a full, 
full coverage policy at a relatively high premium per month, whether 
that's the employer that writes the check for the insurance and the 
health care itself, whether that's the individual, or whether it's the 
government.
  All of these entities should pay the same price. And any private 
sector should be able to deduct the cost the same. No corporate 
executive or no corporation should have a comparative

[[Page H6001]]

advantage against an individual when it comes to health care services.

  Those two inequities are what is wrong with this health care industry 
that we have in America. It's not that we don't have enough government 
health care, it's that we have too much government-run health care. We 
need more private sector. And the way we do that is provide the 
incentives so that business and private-sector people can make those 
decisions to manage it for themselves.
  We have a health savings account program that allows over $5,000 to 
be deposited in the HSA on an annual basis by a couple. It started out 
$5,150. Now it has gone up with inflation every year, indexed, which is 
a very smart thing.
  A young couple that would invest those dollars at age 20 and max that 
out every year and still take out the current value equivalent of 
$2,000 a year would see about $950,000 accrue in their health savings 
account by the time they retired 45 years later. That's a pretty good 
nest egg to have.
  And Uncle Sam's interest in it is: Tax it. Tax it as an inheritance 
tax, tax it as real income. But, whatever, don't let the individual 
that has responsibly managed their health care for their life be able 
to take that money and invest it or spend it.
  I suggest that we should allow--I would double the health savings 
account maximum amount and I would encourage young people, especially, 
to invest in the health savings account and see them arrive at 
retirement with not $950,000, but maybe $1.9 million in that account. 
And they could then easily purchase a paid-up health insurance policy 
that would replace Medicare. And if they do that, then we ought to then 
let them keep the change, the balance, and be able to invest that or 
spend that or hand it off to their children, without tax.
  That's the best way to go at this health care--make it fully 
deductible; address the issue of cost shifting so they actually reflect 
the real costs in all of the billing; expand health savings accounts so 
that they can actually be retirement savings accounts with well-managed 
health care; encourage the insurance companies to provide premium 
benefits for those who have healthy lifestyles--those that don't smoke, 
those that maintain their weight, those that get a regular physical, 
those that can document that they are managing their health care in a 
fashion that is a responsible way of taking care of their bodies and 
the checkbook at the same time. All of that makes sense.
  But what I'm hearing over here is, We want to do socialized medicine, 
but don't call us socialists and don't call it socialism. It is really 
ironic to me to see three members of the Progressive Caucus on the 
floor of the House of Representatives with a big blue poster on their 
easel that says: Progressive Caucus. Check out our Web site. Google 
Progressive Caucus.
  Mr. Speaker, I suggest that people do that. Google Progressive 
Caucus. Read every word that's in there. And think about what people 
are saying from here, members of the Progressive Caucus.
  The gentleman from Washington said, This is not socialism. Well, I 
would ask: Do you know who was managing the Web site of the Progressive 
Caucus up until 1999; who hosted the Web site, who maintained it, who 
took care of it? Do you know? I think you know.
  I know. It was the socialists that managed your Web site. The 
Democratic Socialists of America took care of the Progressive Caucus' 
Web site until 1999, then they disconnected that, and the Progressive 
Caucus, you took care of your own Web site after that because there was 
a little political heat that was linking you too close to socialism.
  So the gentleman who is a member of the Progressive Caucus tells us 
that his health care proposal is not socialism, but the Progressive 
Caucus in the Web site that was owned, operated, managed--perhaps not 
owned, but operated and managed by the socialist, the Democratic 
Socialists of America, whose Web site is DSAUSA.org. Anybody that goes 
to that and Googles DSAUSA, the first hit that comes up will be the 
socialist Web site. And on there it will say, We're not Communists.
  So it's interesting to hear that Progressive Caucus members claim 
they are not socialists, but they're linked to the socialist Web site. 
The socialist Web site says, We're not Communists.
  Now, I don't know the distinctions between communism, socialism, and 
progressivism. I would think we'll get all kinds of definitions and the 
nuances will emerge if we can have an intense debate about this. But 
there are a lot of similar philosophies within those ideologies. And 
the distinction between the Democratic Socialists of America and the 
Progressive Caucus, I think, are awfully hard to identify from reading 
both Web sites. And I have read them both.

                              {time}  2045

  So I would encourage people, Mr. Speaker, go to the Web site of the 
Progressive Caucus, Google it, read it. Go to the socialist Web site, 
dsausa.org, read it. Read the definition they have of communist, which 
they say they're not, and what their plan is. They say the distinction 
is that communists want to nationalize everything. They just want to 
nationalize the large corporations. They think that some of the small 
businesses could be run by, let's say, the barbers and the shopkeepers, 
they are actually run better by ma and pa. I agree with that. They are. 
But so are the big businesses better off run by the shareholders than 
they are the unions. But the socialist Web site calls for the 
nationalization of large corporations in America. They say, We don't 
have it do it all at once. They can do it over time. These 
Representatives here, the Progressive Caucus, claim that taking over 
the health care industry in America is not socialism because for a 
while, they're going to let you have your own insurance policy, the one 
you own today. You get to stay there. But did you hear anybody say, 
We're going to provide the framework so that there can be new insurance 
companies that spring up and new competition brought into the 
marketplace? Did anybody say that they expected to see the growth of 
new private sector companies? Of course not. Because those proposing 
socialized medicine are proposing socialism. They're proposing the 
eventual nationalization of the large corporations in America. Even if 
it comes out of a cassette in the head of the people talking the way 
they used to say it several months ago or several years ago, the real 
reality of today's economy is far different. We have the 
nationalization of large investment banking companies in the United 
States today. We have the nationalization of AIG Insurance Company 
today. We have the de facto and probably the ultimate nationalization 
of two of the three large automakers in America today. We have the 
advocacy for a national health care plan which will replace any health 
care plan eventually because the competition from the private sector 
will be dried up by the pressure from the government. When that 
happens, then what you'll see is what we've seen in every nation in the 
world that has socialized medicine. That is, lower-quality care and 
rationed services.
  I ran into a gentleman in a Menards store in Iowa some months ago who 
happened to be an immigrant from Germany. He told me about his hip 
replacement. He had waited in line for 6 to 7 months to get a hip 
replacement. Finally he got scheduled to get his hip replaced not in 
Germany but in Italy because the line was shorter. So people around the 
EU, they get themselves in the queue and try to get through to get this 
important surgery. We have people that have heart disease that need to 
have maybe a valve replacement or other types of surgery who lay in bed 
for a year in the United Kingdom because they haven't come up in the 
queue yet. There's only so much that can be handled. We have this large 
inner city government-run health care program now. We have socialized 
medicine in our inner cities. Now I'm thinking of some of the people I 
know that are involved in that who are good providers, and they're 
sincere about what they do. But is anybody seeking to replicate the 
services that we see there? Do they say so? Will they admit it? Because 
the policies you are advocating seek to replicate this socialized 
medicine that we see across the world, which rations services, lowers 
the quality of care, suspends the innovation, and discourages people 
from coming into the industry. It takes me back to

[[Page H6002]]

those articles from the Collier's magazines that were published in 1948 
and 1949. I had a World War II veteran who served out of Great Britain; 
and if I remember right, he flew on B-17s out of England over Europe. 
He brought me the originals of the Collier's magazines from 1948 and 
1949, and I was able to read through them. Each magazine had stories in 
it about shaping the socialized medicine in the United Kingdom, which 
took place in 1948. Almost the immediate result, month by month you 
read that through until 1949 where there were pictures of people 
standing in long lines outside of the health care clinics and doctors 
that were tired and dejected because they could only spend just minutes 
with a patient. They had to run from patient to patient to see enough 
patients so they could feed their own kids because they got paid so 
much for a visit and the government set the price. It rationed the 
health care, and it narrowed the quality of the care. Today we see the 
same thing, only it's more stark because we are more sophisticated with 
the modernization of our health care.
  There is nothing there that I want to adopt from these foreign 
countries. The things that they tell us are, Well, we learned from 
their mistakes, and we'd never set up America to make the mistakes that 
were made in the foreign countries. Well, if you know the answers, 
gentlemen, why don't you clue them in in places like Canada, the United 
Kingdom, all across the European Union. Clue them in. Tell them what it 
is, your secret on how this is going to work, what you've learned from 
their mistakes.
  But the statement from the gentlelady from California: No one's 
talking about socialized medicine, close quote. Really? I think we need 
to define what socialized medicine is. That's when the government takes 
over the system and runs it. Just because you leave some insurance 
companies in place so you can say you have a choice until you starve 
them out, until they atrophy on the vine and everything becomes 
socialized medicine doesn't mean you're not talking about socialized 
medicine. You clearly are.
  Then also the gentleman from the State of Washington said that 
between 35 million to almost 50 million uninsured in America. So from 
35 million and now it's gone to 50 million uninsured. The highest 
number I can find out there is 47 million. But there's another number 
out there that tells me something else. That is, of the uninsured, at 
least one in five are illegal immigrants that don't belong in the 
United States, that if we're going to provide them socialized medicine, 
can we at least send the Department of Homeland Security there to 
deliver them their little voucher or their debit card for their health 
insurance? Let's send ICE to deliver it to these 12 million illegals, 
and we can cut this number then down to 35 million just by simply 
letting those folks go on back to where they are legal to live, rather 
than the United States.
  The gentleman isn't very concerned about how it is that we would tax 
the producers in America to provide nationalized socialized medicine 
for people who aren't even legal here in the United States. I'm 
convinced that these are the gentlemen who would support such a policy 
to provide that health care, and they would also probably hand them 
citizenship papers into the bargain. Not I, Mr. Speaker. I oppose such 
ideas. I believe that we have to sustain ourselves as a country; and in 
order to do that, we have to maintain the principles that made this 
country great. Among them are free enterprise capitalism. That is a 
good word, not a bad word. They seem to know that socialism is a bad 
word, but they don't think progressivism is a bad word. Well, I will 
tell you that they are linking it together; and the link that they have 
severed now, that link between the Democratic Socialists of America, 
dsausa.org's Web site that posted for and provided and maintained the 
Progressive Caucus Web site, that little link isn't there anymore 
because they don't want to admit that it's hard to figure out 
the difference. But on the socialist Web site, it says, We are a 
political party, but we don't run candidates under our banner of 
socialism because--I think because the progressives know it has a bad 
name, so do the socialists know that socialism has a bad name still in 
America. They say that their legislative arm is the Progressive Caucus. 
You can go to dsausa.org, do a search for the Progressive Caucus, and 
you will come up with that link. At last count, I saw 75 names on that 
list that are active members of the Progressive Caucus that are alleged 
by the Socialist Web site of being a legislative arm of the socialists 
here. One over in the Senate, Bernie Sanders, self-alleged socialist, 
who is someplace to the right, according to his contemporary voting 
record in the Senate, of the President of the United States himself.

  And we wonder why America is taking this hard lurch to the left? Why 
we're looking at socialized medicine? Why we're seeing the automakers 
nationalized? How it is that the President of the United States can 
dictate down through our private sector, and we can see this sweeping 
expansive government into the private sector? Unimagined and 
unimaginable just a few months ago; but a reality today, Mr. Speaker. 
And it's a reality that is coming at the American people so fast that 
they can't sort out the targets to be able to demonstrate where it is 
that they want to make changes. If they want to object to the 
nationalization of AIG, well, too late because there were deals made 
with folks in the room that rolled billions, hundreds of billions in 
the end into those industries.
  So AIG is nationalized, and Citigroup is effectively nationalized, 
and the large investment institutions that took the TARP money are 
controlled by the Federal Government. And when they want to buy their 
way out and they offer a check to the White House so they can give the 
money back for TARP, the White House says, No, we won't take the check, 
and you can't buy your way out of this thing. We own you now. We're 
going to influence you, and we can't let you pay that money back.
  Why would they say that unless they wanted these businesses to be 
nationalized, unless they wanted to control the decisions that were 
made? It's obvious they have. The TARP money that went to the 
investment bankers that was invested and some of their holdings, 
significant holdings, billions of dollars of the holdings, were in the 
shares of our large automakers, Chrysler and General Motors, for 
example. So when the secured creditors for the large automakers, 
Chrysler and General Motors, held out and said, We can make a better 
deal for our shareholders if you just let this go into bankruptcy, and 
we'll let them sell off this material or sell the company off, and 
we'll get cash at, let's just say, 32 cents on the dollar--that's an 
estimate. I don't know if it's based on anything other than a small 
news story--32 cents on the dollar as compared to the 10 cents on the 
dollar that they might have gotten dealing with the White House.
  I'm advised--and I believe it to be true--that the car czar, 
appointed by the President, and the car czar's team in the White House 
set a limit, which is that secured creditors and the automakers are not 
going to get more than 10 cents on the dollar at the same time. That 
appears to be what happened. As the secured creditors were giving up 
their negotiating position one after another as the White House 
leveraged them and accused them of being--I have forgotten the exact 
language, but let's just say greedy capitalists--that wasn't the word, 
but it was the tone--and sought to intimidate them, as all of this was 
unfolding, the secured creditors were stepping back one after another 
after another. Finally it got down to only 5 percent of those holdings 
were secured creditors. They didn't have any allies anymore. They had 
to capitulate. They had to take those few pennies on the dollar. 
Meanwhile, the United Auto Workers, the union, was handed controlling 
interest. What is this about? Why would anyone think that that is a 
good idea? Could you cook this up in the board room? Let's just say, 
could you learn this studying Econ 101 as a freshman in any college? I 
could have never devised this plan. But this plan unfolds in this 
fashion and hands over the controlling interest of Chrysler Motors, 55 
percent of it, to the United Auto Workers, the union, the workers. What 
is it that their investment was that they're compensated for by active 
shares within a company? Well, that would be the health care benefits, 
the future benefits. It would be the benefits that are--

[[Page H6003]]

I would call those contingent liabilities downstream. As the United 
Auto Workers would get older and retire and they would put pressure on 
the health care system as those claims came, they thought there was as 
much as $10 billion in potential claims that could unfold in future 
years. So they gave that a present value and compensated the union for 
the present value of future health care liabilities by handing them a 
controlling interest of Chrysler Motor Company. Then while that is 
going on, what happens if we pass this socialized medicine that's 
advocated by the two gentlemen and the gentlelady tonight under the 
banner of the Progressive Caucus? Wouldn't that lift the burden of the 
health care costs, the contingent liability off of the hands of the 
union pension fund? Wouldn't that put that into the hands of taxpayers?
  So the shares of controlling interest to be handed over to the union 
should be at least, in an idea, compensation for future liabilities 
that would be removed by this socialized medicine policy that's being 
advocated by the people who say that they're not socialists or 
socialistic and their program is not socialism. But you go to the Web 
site, and it says, Progressive Caucus is our legislative arm. What they 
advocate is what we are for. They spell it out. And they say, they want 
to nationalize the businesses. They want to do it incrementally. This 
was written before President Obama figured out how to do this all in a 
few great big giant moves.
  This is a breathtaking change in the United States. The American 
people did not vote for these things. They did not know. They did not 
see it coming, and I think that we will see a reaction to this in a 
different fashion.
  Mr. Speaker, as we lay out the backdrop for the economics and health 
insurance and the automakers--and, by the way, one more thing about the 
automakers and, that is, the dealerships that have been closed with a 
stroke of the pen by order of the President's car czar and his car 
team, his White House pit crew--we can't find a single individual on 
that team that has ever spent 1 day in the auto dealer's business. I 
can't find and it was reported to me--and this one I'm not certain of--
that there is anybody on there that has been in the automaker's 
business.

                              {time}  2100

  So they haven't made cars or sold cars. But they are calling the 
shots on all these cars.
  By the way, part of the deal is that the President is directing that 
Chrysler Motors make a nice high-mileage vehicle that suits his 
direction. I would submit that, other than at press conference time, 
the President will never ride in one of those. The Speaker of the House 
will never ride in one of those little electric cars. They are going to 
ride around in great big, bullet-proof limousines and Suburbans. And 
they will likely do that the rest of their lives. They won't be driving 
a tiny little car with a battery in it that goes slow uphill and fast 
downhill. That reminds me of a train car graffiti I happened to see 
waiting in a crossing a while back. Someone had written on the train 
car ``uphill slow, downhill fast, tonnage first, safety last.'' I 
thought that was quite an interesting little comment, by the way.
  So we are here with a Speaker who directs some of these things that 
she is not going to live under and a President that directs decisions 
of automakers that he is not going to live under. But they think they 
know what is best for the rest of us. And they have no faith in the 
marketplace. They apparently don't have faith in national security 
either, Mr. Speaker. And this is an issue of grave concern to me and 
grave concern to everyone who cares about the security of the United 
States of America.
  This country was severely attacked September 11, 2001. And the 
attacks that took place were against the Pentagon and against the Twin 
Towers of New York. The plane that crashed in Pennsylvania, there are 
conflicting opinions on whether it was headed to the United States 
Capitol or whether it was headed to the White House itself. I don't 
know that we will ever know which way that it was directed. But we do 
know that people on the plane took that plane over. And they gave their 
lives. But they saved a lot of lives while they did that. And they are 
to be honored and respected.
  The intelligence that we have received since that time turned up the 
effort from the CIA and all 15 members of the intelligence community 
that have succeeded in foiling a good number of plots since September 
11, 2001. And there has not been an attack on the American people, on 
our soil, that has been effective since that day. I don't think anyone 
on September 11, 2001, would have expected that we could go this long 
without an attack inside America. A lot of the credit goes to the 
intelligence agencies, including the Central Intelligence Agency, 
including the CIA. The CIA does a job and puts their lives at risk 
every day around the globe. And yes, they have informants. And 
sometimes they are working in the seedier side of life. It is the 
nature of their business. They have foiled plots. They have saved 
American lives. After the fact when there have been attacks that took 
place on American embassies, for example, in other places in the world, 
they have gone in and they have identified the culprits. And we have 
been able to pick up some of these culprits that have plotted against 
or attacked Americans to the credit of the CIA and the balance of the 
intelligence community. That is to their credit.
  But, Mr. Speaker, the Speaker of the House accused the CIA of lying 
to her and other highly placed people within this Congress up in the 
secured room of this Capitol, not very far from where I stand. And that 
would have taken place allegedly on the 4th of September, 2002, roughly 
1 month after Zubaydah had been waterboarded. The allegation made by 
the Speaker was that the CIA lied to the United States Congress, 
misinformed the Congress of the United States of America, to be 
specific. And Mr. Speaker, this is untenable. This position is utterly 
untenable, to make such an allegation.
  I have with me the draft of the legislation, the draft of Federal law 
that prohibits lying to Congress. And I would read this, in part, into 
the Record so that the legal language flows with the clarity and the 
intent. And it is this:
  This is title 18, chapter 47, subchapter 1001, 18 U.S.C. 1001. And it 
says, in part: ``Whoever in any manner knowingly and willfully 
falsifies, conceals or covers up by any trick, scheme or device, a 
material fact, whoever makes any materially false, fictitious or 
fraudulent statement or representation shall be, if the offense 
involves international or domestic terrorism, imprisoned not more than 
8 years.''
  Eight years in a Federal penitentiary for lying to Congress 
specifically about international or domestic terrorism. This statute is 
in the Code to address specifically the act and the acts that were 
alleged by the Speaker of the House. And so one can only draw one of 
two conclusions. And that is either the CIA willfully lied and 
misrepresented to the United States Congress, to the highest-ranking 
person in the United States Congress, the Speaker of the House of 
Representatives. Of course, at the time, she was not Speaker. If the 
CIA lied, though, to the Speaker, this statute covers such an act. And 
they would be looking at 8 years in a Federal penitentiary. If the CIA 
did not lie to the Speaker, and she alleges that they did, then we have 
an untenable situation, an irreconcilable situation. It is a situation 
with no middle ground, Mr. Speaker, because it was a public statement. 
And it was a statement that was made not off the cuff. It wasn't 
flippant. It was something that had been prepared before it was 
delivered. And it appeared to be from notes that were in front of the 
Speaker apparently in a calculated statement that said, and when asked 
and clarified by the press, ``Are you telling us that the CIA lied to 
Congress?'' And the answer was, ``Yes, misled the Congress of the 
United States of America.''
  Now such an allegation is a very, very serious charge. It is a charge 
of a felonious criminal act, misinforming the Congress of the United 
States. Now, if the allegation is true, an investigation needs to 
ensue.
  I have, along with the gentleman from California, asked for an FBI 
investigation into this matter. If the allegation is false, then the 
Speaker has torn asunder the relationship of trust and integrity that 
has to exist between the intelligence community and the United States 
Congress. I cannot imagine how anyone from the CIA would be

[[Page H6004]]

willing to go into the fourth floor of the United States Capitol, into 
that secure room where everybody drops off their cell phones and their 
BlackBerrys and gives up their ability to take notes out of the room, 
and goes into that room to listen, to maintain that confidentiality 
that is necessary for the safety of all the American people. I cannot 
imagine the CIA, or any other member of the intelligence community, 
being willing to brief the Speaker of the House of Representatives 
until this matter is resolved.
  So if the Speaker didn't accurately remember what she was briefed on 
September 4, 2002, the easy thing to do--and it would be a very human 
thing to do, and all of us have sat in on briefings and hearings and we 
can't remember every detail, especially that many years back. The thing 
to do is to say, I don't remember clearly. If I have notes that are on 
file in the secure room, I will go back and revisit them and tell you 
what I can confirm that would be triggered by my memory and by my 
notes. One could go through and review the documents that were utilized 
at the time to verify what was briefed.
  But a statement that the CIA lied to the United States Congress, 
misled the Congress of the United States of America, to say it 
precisely, to make that statement, one has to have a definitive proof 
that it happened. It is part of Western Civilization that we presume 
the other individual is telling the truth and we can't make an 
allegation that they are not unless we have the evidence to the 
contrary. But this statement was not qualified. The question was, ``Are 
you saying that the CIA lied to the United States Congress?'' Answer, 
``yes'' by the Speaker. Then, yes, pause, stutter, misled the Congress 
of the United States of America. A very serious charge addressed 
specifically under 18 U.S.C. 47 1001, that I have read into the Record, 
Mr. Speaker.

  This situation must be resolved. It is untenable. And it can't be 
reconciled with some compromise in the middle. I want a Speaker of the 
House that can be trusted with our national security, someone who is 
supportive of our national defense, our Department of Defense and our 
military. And during a time of war, our intelligence-gathering 
community has to have that level of confidence and that level of trust 
or the American people are at risk. The destiny of America will be 
changed.
  So, Mr. Speaker, with that in mind, I have drafted a resolution. 
Things being as they are today with some time to allow the Speaker to 
have an opportunity to address and clear up this matter, the resolution 
that I have I will read it into the Record at this moment. And I will 
tell you, Mr. Speaker, that it is my intent to formally introduce it as 
a privileged resolution when we return in the early part of June from 
the Memorial break.
  This resolution reads:
  Whereas, as required by article VI of the Constitution, Members take 
an oath to ``support and defend the Constitution of the United States 
against all enemies, foreign and domestic;
  Whereas, in order to carry out his or her oath, a Member of Congress 
must have access to various kinds of sensitive and classified 
information regarding the national security interests of the United 
States; and
  Whereas, it is imperative that Members of Congress develop and 
maintain a close working relationship with the leadership and members 
of the United States' intelligence community to ensure that they, as 
the American people's elected representatives in Congress, have ready 
access to the kinds of sensitive and classified information often 
needed by legislators to make decisions about the safety and security 
of the American people;
  Whereas, the free and unimpeded flow of sensitive and classified 
information between our Nation's intelligence officials and Members of 
Congress is essential to ensure the dignity and integrity of the work 
and proceedings of the House of Representatives;
  Whereas, it is also important for all Members of Congress to support 
the work done by the members of our Nation's intelligence community to 
keep our Nation safe in order to engender the trust and respect of the 
American people for the work done by these individuals and their 
respective organizations to protect our Nation from the attacks of our 
enemies;
  Whereas, since its creation in the National Security Act of 1947, the 
Central Intelligence Agency has been charged with coordinating the 
Nation's intelligence activities and correlating and evaluating and 
disseminating intelligence affecting national security;
  Whereas, since the inception of the CIA, Members of Congress have 
relied upon the dedicated Americans that have filled its ranks to 
provide timely and accurate information about threats to America's 
safety and the steps being taken to address those threats;
  Whereas, in recent weeks, many public officials, including Members of 
Congress, and members of the public have called for investigations into 
the use of enhanced interrogation techniques, namely waterboarding, 
that have been used by the CIA since the attacks of September 11, 2001, 
to obtain information from detained terrorists for the purpose of 
thwarting future terrorist attacks against Americans;
  Whereas, on April 23, 2009, Speaker Nancy Pelosi stated that she and 
other key Members of Congress were not told that waterboarding was used 
as an enhanced interrogation technique after it was first used in the 
interrogation of terrorist detainee Abu Zubaydah, a high-ranking al 
Qaeda operative, in August of 2002;
  Whereas, contrary to her claims, a report that was prepared by the 
Office of the Director of National Intelligence and released to 
Congress on Wednesday, May 6, 2009, indicated that during a September 
4, 2002, meeting with intelligence officials, Speaker Pelosi, former 
Congressman and future CIA director, Porter Goss, and two aids were 
briefed on ``the particular enhanced interrogation techniques that had 
been employed'' by intelligence officials during the interrogation of 
Abu Zubaydah;
  Whereas, Abu Zubaydah was waterboarded on August of 2002, the month 
before Speaker Pelosi received a briefing from intelligence officials 
on the ``particular enhanced interrogation techniques that had been 
employed'' during his interrogation;

                              {time}  2115

  Whereas, in response to questions about the May 6, 2009, report's 
indication that Speaker Pelosi was told by intelligence officials about 
the use of waterboarding as an enhanced interrogation technique during 
the briefing on September 4, 2002, the Speaker maintained that she had 
never been told that waterboarding was being used by officials. The 
briefers, her spokesman stated, only ``described these techniques, said 
they were legal, but said that waterboarding had not yet been used'';
  Whereas, on May 14, 2009, in an attempt to further clarify what she 
was and was not told during the September 4, 2002, briefing about the 
waterboarding and other enhanced interrogation techniques used by 
intelligence officials in their interrogation of Abu Zubaydah in August 
2002, Speaker Pelosi stated ``those briefing me in September 2002 gave 
me inaccurate and incomplete information'';
  Whereas, on May 14, 2009, when it was noted by a reporter that she 
was ``accusing the CIA of lying to you in September of 2002,'' Speaker 
Pelosi replied, ``Yes. Misleading the Congress of the United States'';
  Whereas, on May 15, 2009, in response to Speaker Pelosi's allegation 
about the CIA lying to her and ``the Congress of the United States,'' 
CIA director Leon Panetta sent a memo to the employees of the CIA 
stating, ``It is not our policy or practice to mislead Congress. That 
is against our laws and our values. As the Agency indicated previously 
in response to congressional inquiries, our contemporaneous records 
from September 2002 indicate that CIA officers briefed truthfully on 
the interrogation of Abu Zubaydah, describing 'the enhanced techniques 
that had been employed''';
  Whereas, title 18, part I, chapter 47, section 1001 of the United 
States Code provides that, with respect to ``any investigation or 
review, conducted pursuant to the authority of any committee, 
subcommittee, commission or office of the Congress, consistent with 
applicable rules of the House or Senate,'' whoever in any matter within 
the jurisdiction of the executive, legislative, or judicial branch of 
the government of the United States, whoever knowingly and willfully 
falsifies, conceals, or covers

[[Page H6005]]

up by any trick, scheme, or device a material fact; makes any 
materially false, fictitious, or fraudulent statement or 
representation; if the offense involves international or domestic 
terrorism, imprisoned not more than 8 years.
  Whereas, the relationship between Members of Congress and the 
intelligence community cannot be jeopardized by a distrust between 
Congress and the intelligence community resulting from intelligence 
officials lying to Congress or from Members of Congress leveling 
charges and allegations against intelligence officials;
  Whereas, the Speaker must either produce evidence providing that she 
was lied to in order to ensure that the ranks of our Nation's 
intelligence community are purged of those responsible for misleading 
Congress, or she must apologize to the men and women of the CIA, to the 
American people, and to the Members of this revered body to lift the 
cloud of uncertainty that has descended upon the Agency and the 
intelligence community since these allegations were leveled and allow 
the dedicated men and women who serve in its ranks to refocus their 
efforts and energies on keeping America safe;
  Whereas, if the Speaker is unable or unwilling to provide evidence to 
support her allegation that she and Congress have been lied to by the 
CIA, the American people will be left with no choice but to conclude 
that this allegation has no basis in fact;
  Whereas, if it is determined that the Speaker has indeed leveled 
baseless allegations against intelligence officials, she will have 
effectively undermined America's national security and severely damaged 
the integrity of this House, and she should therefore be held to 
account for these actions through, among other things, the withholding 
from her of sensitive or classified information pertaining to the 
national security interests of the United States;
  Therefore be it resolved, that the chairman and ranking member of the 
House Permanent Select Committee on Intelligence are directed to 
withhold any and all classified material from the Speaker of the House 
and her staff unless:
  Within 14 days after the date of passage of this resolution she 
produces evidence of the lies that she alleges were told to her by 
intelligence officials in September 2002, and
  The chairman and ranking member of the House Permanent Select 
Committee on Intelligence are directed to choose a suitable replacement 
from within the leadership ranks of the House Democrat Caucus to 
receive any necessary classified material and briefings in the place of 
the Speaker if classified material is withheld from her in accordance 
with this resolution.
  Mr. Speaker, this is a very serious, serious situation. It puts our 
intelligence community in a position where they have to be 
extraordinarily reluctant to brief the Speaker of the House, with the 
constitutional office of Speaker of the House, elected by the full 
body, not a partisan office, a nonpartisan office that's defined in our 
Constitution, third in line for the Presidency--only Vice President Joe 
Biden is ahead of the Speaker of the House in the line of ascendency to 
the Presidency, and our national security is at risk in a lot of ways.
  One of them can be because at this point, we are having difficulty, 
and I will make this statement. It's got be hard to recruit for the CIA 
or any members of the intelligence community today because they're 
being charged with lying to Congress. It's got to be hard to get 
anybody to come to this Congress to brief anyone when we have an 
administration and a Speaker and a network here on this Hill that's 
trying to find somebody in the former Bush administration that they can 
indict and prosecute and punish as a way of, I don't know, getting even 
with the previous administration, I suppose.
  I don't understand how this majority and this Congress can't simply 
just move on and provide national security. I don't understand how the 
Speaker of the House cannot be alarmed by being briefed about 
waterboarding in September of 2002, but after the information comes out 
to the press, then is, let me say, ex post facto alarmed, alarmed after 
the fact, perhaps because the political pressure comes from the left 
has been turned up significantly.
  Whatever those reasons are, the Speaker of the House cannot be 
leveling charges unless they are founded, and a statement should never 
be made by the Speaker of the House that would challenge the integrity 
of the CIA or any other member of our intelligence gathering community 
unless the evidence can be laid down on the table at the same time the 
statement is made. You simply do not call someone a liar in this 
country unless you have the evidence available to back it up.
  And what this resolution does, it says Madam Speaker, back it up or 
back up, one or the other. We cannot have this situation. I don't know 
anybody in this Congress that will receive a briefing that fill us in 
on the real facts. The CIA has got to be reluctant, and they will tell 
us the truth, but we're going to have ask a whole lot of the right 
questions to get this out at this point.
  This Congress has to make appropriations to the entire intelligence 
community and to our Department of Defense. If a hostile attitude 
toward them exists, there exists also the incentive for other Members 
of the Congress and staff members of the committee and staff members of 
other Members of Congress, as well as the Speaker's staff themselves, 
to devise ways or summarily reduce the resources going to our 
intelligence community or establish policy changes that make their jobs 
more difficult. The statement itself calls into question all activities 
of this Congress that would affect the activities of our entire defense 
network in America, Department of Defense as well as our intelligence 
communities.

  This is a very serious situation. It must be resolved. It cannot go 
on without having it answered. This resolution simply says that there 
will not be security clearance for the Speaker of the House as long as 
she holds the position that the CIA can't be trusted. She would have no 
reason to sit down and listen to them if she believes they are liars. 
If she thinks they are, she needs to produce the evidence.
  I think they are not. I think they have told the truth in these 
briefings, and the other people in the briefings say so, and yes, they 
deal in misinformation all the time. That is the nature of the CIA. But 
once it's down in the fourth floor, in that secured room, we've got to 
be able to look them in the eye and trust they are delivering to us the 
unvarnished information that's necessary for us to provide the 
resources so that they can do their job to protect all Americans, Mr. 
Speaker.
  And so as this Memorial Day break will ensue at the conclusion of my 
remarks this evening, as I understand it, I want to remind you and the 
people that are listening that we have this period of time now for the 
balance of the month of May, and we come back in after the Memorial Day 
weekend. When we do that, it is my intention to introduce this 
resolution that I have read into the Record and ask this Congress to 
withhold the security clearance of the Speaker of the House until she 
clears up this mess that is created by her allegations and to produce 
the base for the charges or withdraw them and apologize to the CIA, to 
this Congress, and to the American people and to admit what's really 
going on here.
  That is the core of my reason for being here tonight, Mr. Speaker. I 
will be back on this floor early in June to address this subject matter 
again.
  I ask you, Mr. Speaker, to keep an eye on this situation. I ask the 
American people to keep an eye on it, and I will also be doing the same 
thing, looking for resolution to this matter the sooner the better. The 
American people will be safer if it's sooner rather than later.

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