[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.
____________________