[Congressional Record Volume 156, Number 71 (Wednesday, May 12, 2010)]
[House]
[Pages H3330-H3333]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 CLARIFYING MINIMUM ESSENTIAL COVERAGE

  Mr. LEVIN. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 5014) to clarify the health care provided by the Secretary of 
Veterans Affairs that constitutes minimum essential coverage, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5014

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CLARIFICATION OF HEALTH CARE PROVIDED BY THE 
                   SECRETARY OF VETERANS AFFAIRS THAT CONSTITUTES 
                   MINIMUM ESSENTIAL COVERAGE.

       (a) In General.--Clause (v) of section 5000A(f)(1)(A) of 
     the Internal Revenue Code of 1986, as added by section 
     1501(b) of the Patient Protection and Affordable Care Act, is 
     amended to read as follows:
       ``(v) a health care program under chapter 17 or 18 of title 
     38, United States Code, as determined by the Secretary of 
     Veterans Affairs, in coordination with the Secretary of 
     Health and Human Services and the Secretary,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in section 1501(b) of the 
     Patient Protection and Affordable Care Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Levin) and the gentleman from California (Mr. Herger) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. LEVIN. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days to revise and extend their remarks and to add 
extraneous materials.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. LEVIN. Mr. Speaker, I rise today in strong support of H.R. 5014, 
a bill to reinforce that health care provided by the Department of 
Veteran Affairs constitutes minimum essential coverage under the 
individual mandate.
  Very specifically, this bill clarifies that coverage at the VA for 
individuals who have spina bifida as a result of their parents exposure 
to Agent Orange counts as minimum essential coverage.
  I want to be clear that this bill does not in any way change veterans 
health care, nor does it put anyone but the Secretary of Veteran 
Affairs in control of veterans benefits.
  The bill has no cost. A similar version of this legislation passed 
the Senate by unanimous consent. This legislation is consistent with 
the commitment that the Congress has made to the veterans of our 
Nation.
  Finally, I would like to highlight that it is supported by numerous 
veterans service organizations such as the Veterans of Foreign Wars, 
the American Legion, the AMVETS, and the Disabled American Veterans.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HERGER. Mr. Speaker, I yield myself so much time as I may 
consume.
  Mr. Speaker, millions of American workers are in danger of losing 
their health care coverage because of the Democrats' unprecedented 
social experiment. One of the central flaws of the Democrats' health 
care overhaul is that it forces every American to buy health insurance 
and allows Federal bureaucrats to decide if their coverage is 
acceptable. If your insurance does not meet the government's standards, 
then you will be taxed. That's why we're considering this bill today.
  Certainly, none of us wants to see hundreds of disabled children of 
veterans lose their health insurance because of the Democrats' grand 
experiment on health care. I agree with the goal of this legislation 
and intend to support it.
  However, where is the fix for the millions of American workers and 
retirees who will be forced out of the health care coverage they 
currently have?
  Fortune.com reported internal company documents from four major U.S. 
employers reveal they are considering ``dumping the health care 
coverage they provide to their workers in exchange for paying penalty 
fees to the government.''
  These companies currently offer health benefits to well over 2.3 
million employees, retirees, and their dependents, a number that 
exceeds the population of 15 States as well as the District of 
Columbia.
  AT&T reports they could save $4.1 billion per year if they simply 
dump their employee health care coverage and pay the employer mandate 
tax instead. When will the Democrats put a bill on the floor that 
protects 1.2 million AT&T employees, retirees, and their dependents 
from losing their coverage?
  Caterpillar would reduce its expenses by 70 percent if they eliminate 
health benefits and, instead, pay the tax. Where's the protection for 
these employees?
  A survey conducted by the City University of New York for the 
Financial Executives Research Foundation found that three-quarters of 
chief financial officers believe the Democrat health overhaul will be 
``negative both for Americans and for their own companies.''
  Sixty-two percent of CFOs say they will have to increase employee 
copays by 48 percent. Forty-eight percent believe they will have to 
reduce the quality of the health care package they offer employees. And 
46 percent say they will have to reduce employee benefits.
  Even more troubling, The Philadelphia Inquirer recently interviewed 
legal experts who advise employers on how to structure their health 
plans. According to their report, some health care benefit managers 
``see a future in which employers no longer provide coverage because 
the cost of dropping health insurance for employees, about $2,000 per 
person in Federal penalties to employers, is far less than the current 
cost of providing family coverage, about $12,000 per employee. There is 
an opportunity to get out of providing health benefits to employees.''
  While I support the goal of the legislation before us, it is not 
enough. We must repeal this dangerous experiment with government 
control of health care and replace it with reforms that will allow all 
Americans to keep their health coverage.

[[Page H3331]]

  Mr. Speaker, I yield so much time as he may consume to the ranking 
member of the Veterans Affairs Committee, the gentleman from Indiana 
(Mr. Buyer).
  Mr. BUYER. We're doing some unnecessary housecleaning today. I'm not 
certain whether you're cleaning out the garage or you're cleaning up 
the bedroom or cleaning up the mess you made in the kitchen. But one 
thing's clear: we're cleaning up a mess, a mess that we don't have to 
have done today, a mess that I tried to fix with the chairman the day 
before we voted on the health bill, and you wouldn't even do it then.
  Yeah, we're cleaning up a mess, a mess because it was all about 
political expediency. Well, we've got to get a bill. The President's 
got political capital out there. We've got to get a bill.
  Eighteen years I've been in this town. Whenever this town gives into 
a do-something mentality built on the emotion of the moment, people are 
going to get hurt, and that's exactly what's happened. People get hurt.
  The health bill was never intended to have been signed into law by 
the President. It was a political document that was passed in the 
United States Senate to achieve 60 votes, to get to the conference 
table.
  Oh, no. We'll just take that document that was drafted, not even 
vetted, and just bring it over to the House with all of its errors and 
just pass it, even when those of us with earnestness and sincerity to 
correct your bill, a Republican conservative to correct your mistakes, 
and you wouldn't even take it.
  I go to the Rules Committee, to the Rules Committee, and lay out the 
mistakes in your bill. The stench that comes from the Rules Committee, 
with their pride, is that we stop all those amendments.
  Are you kidding me? You stopped all those amendments. Oh, what pride.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. The gentleman is reminded to address his 
remarks to the Chair.
  Mr. BUYER. All right.
  Mr. Speaker, there was a stench that came out of the Rules Committee. 
The stench was pride. They wouldn't swallow their pride to correct a 
bill when they had the opportunity to do it, so they came to the floor 
saying that, geez, we're not going to take any of those amendments.
  So, now, Mr. Speaker, we're having to take up your time and this 
precious time on the floor to correct a bill that we shouldn't have to 
do. That's what we're doing here today, Mr. Speaker. And we're doing it 
with veterans.
  Now let's talk about political corruption. Oh, Steve, you're dancing 
on the edge here; you mean there could have actually been political 
corruption on the night of the health bill? You bet.
  What is the difference between politics and the super bowl of 
politics in the arena and corruption? Where do you cross the line? Is 
it really crossed? When do you end up in the nebulous?
  Let me tell you about the Congressional Budget Office, the 
nonpartisan referee of the Congressional Budget Office, okay?
  What was supposed to have happened? Let's do a little flashback here. 
Sunday, we're going to vote on the health bill. What happens? At 
midnight on Friday night, that bill that came over from the Senate, we 
finally get to see it. What's wrong? There are problems in the bill.
  The drafting of the bill only mentioned TRICARE For Life, not the 
protection of TRICARE. So Ike Skelton immediately, the chairman of the 
Armed Services Committee, files a bill to be brought to the floor for 
which Chairman Levin, you were here, and it was the Ike Skelton bill to 
protect TRICARE, a correction that had to be made. But it was made 
outside of the bill. I sought to make it a correction inside the bill.
  We also had the problem with the drafting on the protection of 
veterans programs of title 38 under chapter 17, veterans programs. 
Well, there are other veterans programs under chapter 17 that were left 
out, including chapter 18, which is the spina bifida program, a serious 
problem. Oh, no, no, no, Steve. We're not going to take care of that. I 
guess we'll do it later.

                              {time}  1100

  Chairman Levin, you kept your word. You kept your word to me, so you 
are a gentleman. We tried to get it done on that day, and it didn't get 
done. And you kept your word to me, and we are back here today. But we 
shouldn't have to have been back here today I guess is my point.
  Now, let me go back to the corruption. The corruption was I was still 
in earnest to have this corrected in the bill. The VFW was also very 
upset. So was the American Legion. So was DAV. So was the uniformed 
services. A couple other VSOs went ahead and rolled over like a 
political dog and let you scratch their belly. But I will tell you 
what, these other ones stood firm because they knew the bill was 
flawed.
  Here is a quote from the commander of the VFW: The President and the 
Democrat leadership are betraying America's veterans, and what makes 
matters worse is the leadership and the President know the bill is 
flawed, yet are pushing for passage today like it's a do-or-die 
situation. This Nation deserves the best from their elected officials, 
and the rush to pass legislation of this magnitude is not it.
  He's right. That's what happened on that day. That's why we are 
having to come back and clean up the mess.
  Now we go to the day of the bill itself. What are we going to do? We 
are going to have the motion to recommit the bill. So what's Mr. Buyer 
going to do? We are going to put in the motion to recommit the bill to 
correct these mistakes with regard to the TRICARE program to cover our 
military and their dependents and protect their jurisdiction, also make 
sure that the other veterans programs, the CHAMPVA and the spina bifida 
program are protected. And what happened?
  I get a ring, ring, ring, ring, ring, a phone call from CBO. CBO 
says, We believe that your bill may score at $4.4 billion. Are you 
kidding me, $4.4 billion? We just did Ike Skelton's bill on Saturday, 
and it did not score. But my bill is now going to score on Sunday and 
Ike's didn't score on Saturday? Are you kidding me?
  Now the stench is coming from somewhere else, Mr. Speaker. CBO, the 
Congressional Budget Office. What happened to fair dealing? What 
happened to being a referee and nonpartisanship? So I say to CBO in 
that phone conference--some of the individuals who were in that 
conference are sitting right here; correct me if I am inaccurate--Go 
back and look at your numbers and call me back because there is no way 
this can score. They then call back and they come back and said, We 
have concerns; your bill may score at $4.4 billion.
  Okay, I tell you what. This is what I told CBO: do not send me a 
letter tomorrow that says the bill doesn't score. In my heart, I know 
what you are doing. You are blocking to prevent me from bringing a 
motion to recommit the health bill on the House floor so the Democratic 
leadership and Democrats do not have to take a tough vote and actually 
admit that the VFW and the American Legion and DAV were right that the 
bill is flawed and doesn't protect veterans.
  Now, because all this is boiling, what does the White House do? The 
White House does not want to recreate another Joe Wilson moment where 
someone stands up and challenges the President's veracity. So what do 
they do? The White House press shop goes and contacts the Secretary of 
the Veterans Affairs, and they get the Secretary of the VA to say what 
Buyer has brought out is unfounded. They get the Secretary of the VA to 
do the dirty work. The individuals who are serving the Secretary of the 
VA are not serving that man well at all, because whatever that he said 
was unfounded has been founded. It's been founded because we are 
correcting what I said the mistakes were made.
  Let me continue on with the corruption wave. Let me talk about those 
who sit up on the perch. Oh, my gosh, they are not there. Our friends 
in the media, they are not there. Where are they? No, they are not 
there because let me tell you what they did that night. They 
participated in the marginalization of me, the mistakes, because they 
said, well, we have got four Democratic chairmen say there were no 
mistakes. The Secretary of the VA says there are no mistakes. The bill 
must be okay. Buyer, you must be an alarmist.
  And so Tom Philpott, a very good writer, someone who I respect in 
this

[[Page H3332]]

town, with the Baltimore Sun, actually writes an article about how I 
must have been an alarmist because the four leading chairmen and the 
Democratic leadership and the White House and the Secretary of the VA 
say, Steve, what you are talking about with regard to TRICARE and spina 
bifida and the other veterans programs was unfounded.
  Then why are we here today correcting those mistakes? Because they 
are founded. They are real. So where is the press now to write the 
story that the VFW, you were right when you challenged the leadership 
for passing a flawed bill?
  Well, let me tell you now, let me close the loop with the corruption 
in the CBO. I didn't bring that motion to recommit the bill, did I? I 
couldn't bring it because they said the bill scored at $4.4 billion. So 
I couldn't bring it here on the floor. So I told CBO, guess what, you 
win. I can't bring it. But if you tomorrow, you send me a letter that 
says it didn't score, I tell you what I am going to do. Because you 
said it scores at $4.4 billion, that means that the savings that the 
Democratic leadership was talking about as a pay-for for their health 
bill, the savings of $4.4 billion was taken out of veterans programs. 
That's where the savings came from.
  So I said, okay, fine, if my motion to recommit scores at $4.4 
billion, then the savings that they talked about over here, where you 
got savings in the health bill, let's vote for the health bill, it was 
taken out of the veterans programs. That's where it came from.
  So what happens on Monday morning? I issue a press release that says 
$4.4 billion is taken out of the veterans savings programs. Within 2 
hours what does CBO do, Mr. Speaker? They issue a statement to me that 
says the bill doesn't score. My amendment didn't score. Oh, my gosh.
  To every Member out there who has had an experience over the years 
dealing with CBO, protect yourself. Right now you cannot trust CBO. You 
cannot trust their veracity. I stand here with a gentleman with honor, 
and I am sickened by what CBO had done. I was sickened by the super 
bowl of politics that occurred on that night, that here we had a bill 
that is very meaningful to the American people, we know there are 
errors. The gentleman whom I have complimented knew in his heart that 
there were problems with the bill we are going to have to come back and 
correct. We shouldn't have had to do this.
  I felt compelled, though, to tell the story. I am a retiring Member 
of Congress. There are things I love and defend about this institution. 
But there are also things that are called the dark side of human 
behavior that are toxic and poisonous, and they disturb me to no end. 
So to Members: hold onto your honor, put your face into the cold wind, 
and do not accept it when individuals act with corruption. Stand and 
shove them back. Our country is too great.
  Especially to have played politics with veterans programs is the 
ultimate to me. The children of Korean and Vietnam war-era veterans 
with spina bifida, are you kidding me? That's who we are going to play 
games with? The other veterans programs, who are those 
individuals? They are the widows, they are the war widows, and we are 
going to play politics with war widows.

  There is a word, I guess, we don't like to use very often. It's 
called ``shame.'' It's because it's a very, very powerful word. That's 
shameful what we did. When an error is in front of you and you have got 
the opportunity to correct that error, you correct it. If you do not, 
it is shameful. And I will accept responsibility, too.
  But if I am going to accept responsibility as a leader of this House 
that I was unable to see it through, someone else better also step 
forward and accept responsibility, Madam Speaker. And you turn and you 
then face the veterans at the conventions this summer and you tell 
them, Yes, the bill was flawed, but I apologize and the bill was 
corrected; and with the issues that were brought up by Mr. Buyer, they 
were founded. I apologize for challenging his veracity because what he 
said was right. And the Madam Speaker should say, I was wrong.
  And under the President, you should also say to the Secretary of the 
VA, I apologize to you, Mr. Secretary; we put you in an uncomfortable 
position whereby you laid your honor on the line and made a statement 
that was not truthful. And the President should apologize then to the 
Secretary of the VA. That's how you clean up the mess.
  So it's not just the legislative mess; there is a mess here with 
regard to individuals' integrity and their honor. And so if you wonder 
why the American people are upset and disgusted with Washington, DC, it 
is because they see that this is what's happening. I assure you we lost 
our majority, and you are about to lose yours.


                Announcement By the Speaker Pro Tempore

  The SPEAKER pro tempore. The Chair will remind all Members that they 
should direct their remarks to the Chair and not to others in the 
second person.
  Members also are reminded that it is not in order to draw attention 
to occupants of the gallery.
  Mr. LEVIN. How much time is remaining?
  The SPEAKER pro tempore. The gentleman from California has no time 
remaining. The gentleman from Michigan has 18\1/2\ minutes remaining.
  Mr. LEVIN. Let me say a few words. I really regret that the minority 
has decided to use this bill as an opportunity to talk about the health 
care bill I think in totally irresponsible ways. I don't think it is 
fitting for the service of the veterans of the United States of America 
that you decide to essentially use this time to talk about issues 
unrelated. I don't think that is consonant with why you are here and 
why we are here. So I am not going to debate the health care bill.
  We are talking today about a bill to make very clear, if there is any 
need, about one provision. Talk about playing politics, that's what's 
been endeavored here by the minority speakers. And I think it's deeply 
regrettable. There is a difference of opinion as to whether there was 
any mistake at all on this specific issue. There is a difference of 
opinion.
  The Secretary of the VA said that this issue was already covered. 
That was his judgment. There is no need for anybody to apologize to the 
Secretary. And so there was this difference of opinion as to whether 
there was any need to correct. And a lot of us said there was no such 
need. When it was raised, this issue by Mr. Buyer, we said that. So 
instead of acting on something that we thought was not necessary, what 
we said was we will take further steps to make sure there is no 
concern.
  There was a lot of rhetoric that went around regarding that issue. 
And I want to just read a letter that came out shortly thereafter from 
the commander in chief of the VFW. It was a letter to our Speaker.

                              {time}  1115

  It was a letter to our Speaker, and this is what the letter said:
  ``Dear Madam Speaker, I want to apologize for saying in a Sunday 
press release that you and the Democratic leadership are betraying 
Americans, America's veterans. Your support of America's veterans, 
military, and their families is and has been above reproach.'' Above 
reproach.
  And so now using this opportunity to try to cast any aspersion, I 
think, is more than unfortunate, if I might say so, it is disgraceful.
  There was said something about we were doing something in health care 
reform on the emotion of the moment. Talk about emotions?
  Now, we had worked on this, health care reform, in our country for 
decade after decade after decade after decade after decade, and more 
decades. Health care reform was an effort in the best American 
tradition to try to advance what has made this country great--and that 
is acting as a community to meet the needs of individuals, to combine 
responsibility and community.
  So, let me get back. If you want to go out and talk about repeal, as 
the gentleman from California has, go and talk to the seniors who are 
going to benefit from the health reform bill, go and talk to the kids 
who are under 26 who are going to receive coverage through this bill, 
go and talk to the people who otherwise would have their health care 
rescinded as some entities tried and then, to their credit, backed off 
when we raised the issue.
  Now, if anybody is playing politics today, it's no one on this side 
led by our distinguished Speaker.

[[Page H3333]]

  So I urge adoption of this legislation, and I will enter into the 
record three letters.

                                          Veterans of Foreign Wars


                                         of the United States,

                                     Washington, DC, May 12, 2010.
     Hon. Bob Filner,
     Chairman, House Veterans Affairs Committee, Cannon House 
         Office Building, Washington, DC.
       Dear Chairman Filner: On behalf of the 2.1 million members 
     of the Veterans of Foreign Wars and its Auxiliaries, I would 
     like to offer our very strong support for your legislation 
     H.R. 5014, which would clarify and protect all VA health care 
     programs under Title 38, Chapter 17 and 18 to constitute as 
     minimum essential health care coverage.
       VFW applauds your efforts to clarify this critical issue. 
     We sincerely appreciate your commitment to America's veterans 
     and their families and we look forward to continuing to work 
     with you on issues of concern.
           Very Truly Yours,
                                                Robert E. Wallace,
     Executive Director.
                                  ____



                                          The American Legion,

                                     Washington, DC, May 12, 2010.
     Hon. Nancy Pelosi, 
     Speaker, House of Representatives, The Capitol, Washington, 
         DC.
       Dear Speaker Pelosi: The American Legion fully supports the 
     amended language to H.R. 5014, to clarify the health care 
     provided by the Secretary of Veterans Affairs that 
     constitutes minimum essential coverage.
       After careful review, The American Legion believes this 
     legislative change would provide the Secretary of Veterans 
     Affairs with the continued authority to provide timely access 
     to the nation's best quality of health care for veterans and 
     their eligible family members consistent with the recently 
     enacted Patient Protection and Affordable Care Act, 
     especially those covered under chapters 17 and 18 of title 
     38, United States Code.
       The American Legion applauds your leadership on this 
     critical issue and your continued support of America's 
     veterans' community.
           Sincerely,
                                                  Peter S. Gaytan,
     Executive Director.
                                  ____



                                  Vietnam Veterans of America,

                                  Silver Spring, MD, May 12, 2010.
     Hon. Nancy Pelosi,
     Speaker of the House, The Capitol,
     Washington, DC.
       Dear Madam Speaker, Please know that Vietnam Veterans of 
     America (VVA) endorses and supports enactment of H.R. 5014, 
     which effectively clarifies for veterans that the health care 
     provided by the Department of Veterans Affairs does in fact 
     constitute the minimum essential coverage required under the 
     recently enacted Patient Protection and Affordable Care Act.
       This should put to rest, finally, any and all qualms of any 
     and all veterans and their families who might feel uneasy 
     that the provisions of the new law might adversely affect 
     their health care through the VA. Passage of H.R. 5014 should 
     reassure them, and we look forward to its swift enactment.
       Thank you again for your continuing commitment to our 
     nation's veterans.
           Sincerely,
                                                       John Rowan,
                                               National President.

  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Levin) that the House suspend the rules 
and pass the bill, H.R. 5014, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. LEVIN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________