Pete Sessions

Mr. SESSIONS

Mr. SESSIONS. Mr. Speaker, at this time I would like to yield 90 seconds to the gentleman from Mesa, Arizona (Mr. Flake).

Mr. SESSIONS. Mr. Speaker, the gentleman from Arizona is correct. This bill is as much about health care as the stimulus package was about jobs. It is to bust the free enterprise system and for all of the control of health care to go to the Federal Government. I get it, and I assure you, the American people get it, also. And we will give our friends, the Democrats, all of the credit for what they are doing. Mr. Speaker, at this time I yield 1 minute to the distinguished gentleman from Florida (Mr. Stearns). (Mr. STEARNS asked and was given permission to revise and extend his remarks.)

Mr. SESSIONS. Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Nashville, Tennessee (Mrs. Blackburn) a member of the Energy and Commerce Committee.

Mr. SESSIONS. Mr. Speaker, I would like to yield 1 minute to the distinguished gentleman from Beaumont, Texas (Mr. Poe).

Mr. SESSIONS. Mr. Speaker, at this time, I yield 1 minute to the distinguished gentleman from Iowa (Mr. King).

Mr. SESSIONS. Mr. Speaker, I yield to the gentleman from Texas (Mr. Neugebauer) for a unanimous consent request. (Mr. NEUGEBAUER asked and was given permission to revise and extend his remarks.)

Mr. SESSIONS. Mr. Speaker, the Rules Committee did a great job; they held a 12-hour meeting yesterday. I would like to say to the American people that everybody understands what's in this bill, they have a chance. No unintended consequences with this. Republicans have laid out what we believe will happen. Mr. Speaker, lots of groups around the country also know what would happen, and I would like to insert into the Record the list of people who would say vote ``no'' on this bill. They are business organizations all across this country. H.R. 3962--The Affordable Health Care for America Act Groups Key Voting ``NO'' American Bakers Association; American Conservative Union; American Council of Engineering Companies; American Hotel and Lodging Association; American Rental Association; Americans for Tax Reform (Double Rating); Associated Builders and Contractors, Inc (ABC); Associated Equipment Distributors; Associated General Contractors of America; Automotive Recyclers Association; Brick Industry Association; Club for Growth; Concerned Women for America; Council for Citizens Against Government Waste; Family Research Council; FreedomWorks. Independent Electrical Contractors; International Foodservice Distributors Association; International Franchise Association; National Association of Manufacturers; National Association of Wholesaler-Distributors; National Federation of Independent Business (NFIB); National Lumber and Building Material Dealers Association; National Ready Mix Concrete Association; National Retail Federation; National Taxpayers Union; North American Die Casting Association; Printing Industries of America; Small Business & Entrepreneurship Council; U.S. Chamber of Commerce. Groups Opposing H.R. 3962 Aeronautical Repair Station Association; Air Conditioning Contractors of America; American Academy of Facial Plastic and Reconstructive Surgery; American Apparel & Footwear Association; American Architectural Manufacturers Association; American Association of Neurological Surgeons; American Benefits Council; American Center for Law and Justice; American Electric Power; American Family Insurance; American Farm Bureau Federation; American Foundry Society; American International Automobile Dealer Association (AIDA); American Petroleum Institute; American Society of General Surgeons; American Staffing Association; American Veterinary Medical Association; American Wire Producers Association; America's Health Insurance Plans (AHIP); AMT--The Association For Manufacturing Technology; Arizona-New Mexico Cable Communications Association; Arkansas Medical Society; Association of Ship Brokers and Agents. Association of Washington Business; AT&T; Automotive Aftermarket Industry Association; Best Buy Co., Inc.; Blue Cross Blue Shield; Blue Cross Blue Shield of North Dakota; Bowling Proprietors' Association of America; Business Roundtable; Caterpillar, Inc.; CIGNA; Congress of Neurological Surgeons; Corporate Health Care Coalition; Deere & Company; Eastman Kodak Company; Electronic Security Association (ESA); Florida Chamber of Commerce; Florida Medical Association; Food Marketing Institute; Goodrich Corporation; Heating, Air-conditioning & Refrigeration Distributors International; HR Policy Association; HSBC North America; Illinois State Medical Society; Independent Insurance Agents & Brokers of America. Independent Office Products & Furniture Dealers Association; Indiana Chamber of Commerce; Indiana Manufacturers Association; International Association of Refrigerated Warehouses; International Housewares Association; International Sleep Products Association; Kansas Medical Society; Land O'Lakes, Inc.; Maine Chamber of Commerce; Marathon Oil Corporation; Marine Retailers Association of America; MeadWestvaco Corporation; Medical Association of Georgia; Medical Society of Deleware; Medical Society of New Jersey; Medical Society of the District of Columbia; Minnesota Chamber of Commerce; Missouri Chamber of Commerce and Industry; Motor & Equipment Manufacturers Association; NAMM, International Music Products Association. National Association of Convenience Stores (NACS); National Association of Health Underwriters; National Association of Mortgage Brokers; National Association of Theatre Owners; National Automobile Dealers Association; National Business Group on Health; National Club Association; National Coalition on Benefits (440 Associations and Companies); National Council of Chain Restaurants; National Funeral Directors Association; National Grocers Association; National Newspaper Association; National Roofing Contractors Association; National Rural Electric Cooperative Association; National Teachers Associates Life Insurance Company; National Tooling Machining Association; National Utility Contractors Association; North Carolina Chamber; North Dakota Chamber of Commerce; Northeastern Retail Lumber Association. Nursery and Landscape Association; Ohio Chamber of Commerce; Ohio State Medical Association; Pennsylvania Chamber of Business and Industry; Pharmaceutical Research and Manufacturers of America (PhRMA); Plumbing-Heating-Cooling Contractors Association; Precision Machined Products Association; Precision Metalforming Association; Professional Golfers Association of America; Republican Jewish Coalition; Retail Industry Leaders Association (RILA); Self-Insurance Institute of America (SIIA); Small Business Coalition for Affordable Health Care; Society for Human Resource Management; Society of American Florists; Society of Chemical Manufacturers & Affiliates; South Carolina Chamber of Commerce; South Carolina Medical Association; Specialty Equipment Market Association (SEMA); SPI: The Plastics Industry Trade Association. Tennessee Chamber of Commerce & Industry; Texas Association of Business; The Black & Decker Corporation; The Business Coalition for Fair Competition; The Business Council of New York State, Inc.; The Dow Chemical Company; The ERISA Industry Committee; The Louisiana State Medical Society; The Medical Association of the State of Alabama; Tire Industry Association; Triological Society; Tyco International; UAM Action Network; United Parcel Service, Inc.; United States Steel Corporation; Universal Health Network; Utah Manufacturers Association; Verizon Communications; Virginia Chamber of Commerce; Wedding & Event Videographers Association International; WellPoint, Inc.; Western Growers Association Wisconsin Manufacturers & Commerce; Wood Machinery Manufacturers of America (WMMA); Xerox Corporation. Mr. Speaker, we understand $732.5 billion worth of tax increases. Once again, let's get this right. No unintended consequences here. This is a job killer. I will insert into the Record a list of the tax increases that are proposed in this bill. Top Ten Tax Increases Included in H.R. 3962 (As scheduled for consideration on the House Floor on November 7, 2009) 1. Small business surtax (Sec. 551, p. 336): $460.5 billion. 2. Employer Mandate tax* (Secs. 511-512, p. 308): $135.0 billion. 3. Individual Mandate tax* (Sec. 501, p. 296): $33.0 billion. 4. Medical device tax* (Sec. 552, p. 339): $20.0 billion. 5. $2,500 Annual cap on FSAs* (Sec. 532, p. 325): $13.3 billion, 6. Prohibition on pre-tax purchases of over-the-counter drugs through HSAs, FSAs, and HRAs* (Sec. 531, p. 324): $5.0 billion. 7. Tax on health insurance policies to fund comparative effectiveness research trust fund* (Sec. 1802, p. 1162): $2.0 billion. 8. 20% Penalty on certain HSA distributions* (Sec. 533, p. 326): $1.3 billion. 9. Other tax hikes and increased compliance costs on U.S. job creators: $60.2 billion. IRS reporting on payments to certain businesses (Sec. 553, p. 344): $17.1 Billion. Repeal implementation of worldwide interest allocation rules (Sec. 554, p. 345): $6.0 billion. Cellulosic Biofuel Credit/deny eligibility for ``black liquor'' (New Sec. 555, inserted on p. 346): $23.9 billion. Override U.S. treaties on certain payments by ``insourcing'' businesses (Sec. 561, p. 346): $7.5 billion. Codify economic substance doctrine and impose penalties (Sec. 562, p. 349): $5.7 billion. 10. Other revenue-raising provisions: $2.2 billion. Total tax increases: $732.5 billion. * = Violates President Obama's pledge to avoid tax increases on Americans earning less than $250,000. Mr. Speaker, also, last night at the Rules Committee we found out-- which is very devastating and I believe unwise--the Senate does not have this provision. They removed it. But the House keeps in this bill the failure to comply with individual mandates in this bill could lead to a $250,000 fine and 5 years in jail, criminal penalties that are a felony if you willingly choose not to participate, if you willingly choose then not to pay the fine in your taxes. Mr. Speaker, what we are going to do is criminalize Americans who choose not to join in this government-run health care system. There are not unintended consequences. The Members need to know that this is going to raise premiums, it is going to raise taxes, and perhaps worst of all, we are going to criminalize with felony penalties noncompliance. Mr. Speaker, this is not a way to run a bill. Mr. Speaker, I reserve the balance of my time.

Mr. SESSIONS. Mr. Speaker, I reserve the balance of my time.

Mr. SESSIONS. Mr. Speaker, I spoke just a second ago about the mandates that would be criminal penalties. I would like to enter a letter from the gentleman, Mr. Camp, that is from the Joint Committee on Taxation that outlines this part of the law. Congress of the United States, Joint Committee on Taxation, Washington, DC, November 5, 2009. Hon. Dave Camp, House of Representatives, Washington, DC. Dear Mr. Camp: This is in response to your request for information relating to enforcement through the Internal Revenue Code (``Code'') of the individual mandate of H.R. 3962, as amended, the ``Affordable Health Care for America Act.'' You specifically inquired about penalties for a willful failure to comply. Tax on individuals without acceptable health care coverage H.R. 3962 provides that an individual (or a husband and wife in the case of a joint return) who does not, at any time during the taxable year, maintain acceptable health insurance coverage for himself or herself and each of his or her qualifying children is subject to an additional tax. The tax is equal to the lesser of (a) the national average premium for single or family coverage, as applicable, as determined by the Secretary of Treasury in coordination with the Health Choices Commissioner, or (b) 2.5 percent of the excess of the taxpayer's modified adjusted gross income over the threshold amount of income required for the income tax return filing for that taxpayer. This tax is in addition to both regular income tax and the alternative minimum tax, and is prorated for periods in which the failure exists for only part of the year. In general, the additional tax applies only to United States citizens and resident aliens. The additional tax does not apply to those who are residents of the possessions or who are dependents, nor does it apply to those whose lapses in coverage are de minimis or those with religious conscience exemptions. The additional tax does not apply if the maintenance of acceptable coverage would result in a hardship to the individual or if the person's income is below the threshold for filing a Federal income tax return. Range of civil and criminal penalties for noncompliance You asked that I discuss the situation in which the taxpayer has chosen not to comply with individual mandate and not to pay the additional tax. The Code provides for both civil and criminal penalties to ensure complete and accurate reporting of tax liability and to discourage fraudulent attempts to defeat or evade tax. Civil and criminal penalties are applied separately. Thus, a taxpayer convicted of a criminal tax offense may be subject to both criminal and civil penalties, and a taxpayer acquitted of a criminal tax offense may nonetheless be subject to civil tax penalties. In cases involving both criminal and civil penalties, the IRS generally does not pursue both simultaneously, but delays pursuit of civil penalties until the criminal proceedings have concluded. The majority of delinquent taxes and penalties are collected through the civil process. In determining whether a penalty applies along with an adjustment to a tax return, the examining agent is constrained not only by the applicable statutory provisions, but also by the written policy of the IRS not to treat penalties as bargaining points but instead to develop the facts sufficiently to support the decision to assert or not to assert a penalty. The goal is consistency, fairness and predictability in administration of penalties. If the government determines that the taxpayer's unpaid tax liability results from willful behavior, the following penalties could apply. Civil penalties Section 6662(a)--an accuracy related penalty of 20 percent of the underpayment attributable to health care tax, based on negligence or disregard (the former includes lack of a reasonable attempt to comply and the latter includes any intentional disregard of rules or regulations) or substantial understatement, if the understatement of tax is sufficiently large. Section 6663--a fraud penalty of 75 percent of the underpayment, if the government can prove fraudulent intent to avoid taxes by clear and convincing evidence. Section 6702--a $5,000 penalty for taking a frivolous position on a tax return, if the underpayment is intended to delay or impede tax administration and the return on its face indicates that the self-assessment is substantially incorrect. Section 6651--delinquency penalty of .5 percent of the underpayment, each month, up to a maximum of 25 percent of the underpayment. Criminal penalties Prosecution is authorized under the Code for a variety of offenses. Depending on the level of the noncompliance, the following penalties could apply to an individual: Section 7203--misdemeanor willful failure to pay is punishable by a fine of up to $25,000 and/or imprisonment of up to one year. Section 7201--felony willful evasion is punishable by a fine of up to $250,000 and/or imprisonment of up to five years. Application of penalties under current practice The IRS attempts to collect most unpaid liabilities through the civil procedures described above. A number of factors distinguish civil from criminal penalties, in addition to the potential for incarceration if found guilty of a crime. Unlike the standard in civil cases, successful criminal prosecution requires that the government bear the burden of proof beyond a reasonable doubt of all elements of the offense. Most criminal offenses require proof that the offense was willful, which is a degree of culpability greater than that required in a civil penalty cases. For example, a prosecution for willful failure to pay under section 7203 requires proof beyond a reasonable doubt both that the taxpayer intentionally violated a known legal duty and that the taxpayer had the ability to pay. In contrast, in applying the civil penalty for failure to pay under section 6651, the burden is on the taxpayer: the penalty applies unless the taxpayer can establish reasonable cause and lack of willful neglect with respect to his failure to pay. Criminal prosecution is not authorized without careful review by both the IRS and the Department of Justice. In practice the application of criminal penalties is infrequent. In fiscal year 2008, the total cases referred for prosecution of legal source tax crimes were as follows. Investigations initiated: 1,531. Indictments and informations: 757. Convictions: 666. Sentenced: 645. Incarcerated: 498. Percentage of those sentenced who were incarcerated: 77.2. Of the 666 convictions reported above for fiscal year 2008, fewer than 100 were convictions for willful failure to file or pay taxes under section 7203. Civil penalties outnumber criminal penalties imposed. For example, in fiscal year 2008, compared to the 666 convictions, approximately 392,000 accuracy related penalties were assessed on individual returns. Also in fiscal year 2008, the IRS assessed 5,502 penalties under section 6702 for frivolous positions taken on returns. I hope this information is helpful for you. If I can be of further assistance, please contact me. Sincerely, Thomas A. Barthold. Mr. Speaker, at this time, I would like to yield for the close for the Republican Party, the distinguished gentleman, the ranking member of the Rules Committee, the gentleman from San Dimas, California (Mr. Dreier). (Mr. DREIER asked and was given permission to revise and extend his remarks.)

Mr. SESSIONS. Mr. Speaker, I demand a recorded vote.

Mr. SESSIONS

Mr. SESSIONS. Mr. Speaker, I rise today in memory of the armed service members whose lives were taken from us yesterday at Fort Hood. I am deeply saddened over the unspeakable violence that has shattered the lives of brave and honorable soldiers at Fort Hood. This senseless shooting will no doubt be met with the justice and goodness of America, and I stand ready to support the Fort Hood family in any way possible. The fallen and wounded soldiers represent the best of America. In the coming days and weeks, we will learn about their dreams, love of country, and acts of bravery that will engrave their honorable legacy in service of our country. They will be greatly missed. May the peace of God be with the victims and their loved ones. My thoughts and prayers remain with them.

Mr. SESSIONS

Mr. SESSIONS. Mr. Speaker, I appreciate the gentlewoman yielding me the time. I yield myself such time as I may consume. Mr. Speaker, we've just heard our good friends from the Democratic Party talk about wanting to support small business. I think it's interesting that today this bill is all about making sure the government has money available to loan to small business because we want them to be successful, and yet this committee and this Congress, under the Democrat leadership, ignores the leading four or five different items that small business would say they need the most to be successful to grow, to expand, to continue employment, which is the backbone of the economy. High taxes, depreciation--this next week the biggest killer of them all, after we pass this bill, the health care bill is going to come on the floor which will kill small business. President Obama's own numbers say 4.7 million jobs will be lost with the health care bill. It will tax small business. It will bring enormous rules and regulations, and yet here we are, talking about wanting to help small business today. If you really want to help, first of all, you ought to get out of the way; secondly, don't pass rules, regulation, laws, taxation that diminish small business. So, with that said, I am delighted to be on the floor to talk about this Small Business Financing and Investment Act. In the Rules Committee, it was plain and simple that not allowing an open rule this year is where we continue. There is plenty of time for my friends on the other side of the aisle to allow for an open rule today to discuss the 42 amendments that were offered in the Rules Committee, of which only 16 were made in order. I offered an amendment to the Rules Committee last night that was voted down by my Democrat colleagues. My amendment would have benefited small businesses by allowing them to choose the asset depreciation schedule that best suits their individual businesses. Today we have a depreciation schedule that is entirely formulated by the government, to the detriment of the free enterprise system and small businesses. The current system of asset depreciation inhibits economic growth. That's right. It forces companies to depreciate their assets over an arbitrary period of time. It competes against business, and certainly small business, by making sure the government gets their money first. Congress needs to create incentives for American businesses to reinvest in their companies, buy new equipment and hire more workers, not the opposite. Small business employs about half of all Americans, and they are critical to our economic growth. But tax policies out of Washington by this Democratic Congress are making it harder and harder for them to do business. Also add in rules, regulations and a political agenda that will lose a net 10 million American jobs, most of them small business, just with the three biggest political agenda items that the Democratic Party has, 10 million American jobs lost, and that's the political agenda. If this Democrat majority really wants to help small businesses, they would have allowed some commonsense amendments to come forth to the floor, by the way, amendments that small businesses ask for the most. I plan on using this opportunity to talk about our economy, the Nation's diminishing job numbers, the future of government mandates, and tax increases that will continue to stifle our economy and cut U.S. jobs. This is the Democratic Party's agenda, to kill the free enterprise system in America, and the starting blow is these three major political agendas that will lose a net 10 million American jobs. Mr. Speaker, the Obama administration promised Americans that if Congress passed the stimulus package, that unemployment would not go above 8 percent, that it would create and save millions of jobs. Here we are 9 months later with a record 9.7 percent unemployment rate, the highest in 26 years, and more than 2 million Americans have lost their jobs since the stimulus package of $1.2 trillion. What do we see from the White House? Lavish parties, trips to New York, just a whole lot of fun, everything but this President focusing on what any economist would say will create jobs in this country, what will keep the jobs that we have in this country. So my colleagues on the Democratic side continue to push their agenda that increases costs, increases taxes for individuals, while shrinking our Nation's workforce. By the way, the Nation's workforce is called American jobs. By the way, those evil corporations that our friends, the Democrats, are after are called employers. Let's just put them at bay, and you will see no job employment. In June, my friends on the other side of the aisle passed a cap-and- trade, or what is commonly called cap-and-tax, bill that will raise prices on energy, raise prices on goods, raise prices on services for every single hardworking American in this country. In my home State of Texas, the average household can now expect to spend more than $1,100 extra a year if this bill passes as a result of this legislation, and this legislation could diminish over 1.38 million manufacturing jobs. In my book, manufacturing is small business. Just today congressional Democrats had a great big press conference that looked more like a victory lap to me, thinking that they're going to pass this bill that was 1,990 pages, a sweeping health care bill that effectively will continue to shrink the employer base. It will shrink the employer-based insurance market and force 114 million people into an unsustainable government-run program, a program where government bureaucrats will be choosing what doctors a patient can see and, further, what procedures will be paid for for that doctor. This trillion-dollar package also raises taxes on individuals, it raises taxes on small businesses that do not participate in the government plan, and up to $800 billion will be spent, according to a model developed by the President's own economic adviser, and it will diminish between 4.7 and 5.5 million more American jobs, using the President's own figures. Most of those will come from small business. Well, hold it. I thought we were here to help small business today. But don't worry, next week we'll go ahead and pass a bill that will diminish between 4.7 and 5.5 million more American jobs. No wonder the American public can't figure out what's going on in Washington. One week we're saying, We're trying to help you, and the next week, I'm sorry about that, but somebody else's job is more important than yours. Earlier this month, the Treasury Department reported that the Federal budget deficit reached a record $1.1417 trillion during the month of September. The Treasury Department also reported that the national debt reached $11.9 trillion. This means that since 2007, the Obama administration and this Democrat Congress have increased the Federal deficit by over $1.25 trillion and increased the national debt by over $3 trillion. When will it stop? No wonder we're losing small business jobs. No wonder we're losing American jobs. No wonder the American people are saying, What is going on in Washington, D.C.? The Democratic majority is taxing, spending with more rules and regulations, and the jobs--let's get this right--are leaving. They're leaving this country, and they're going somewhere else. We aren't just losing the jobs. They're going somewhere else. We've asked this administration, we've asked this Democrat majority, Where are the jobs? Where are the jobs you promised? We've spent a lot of money. Where are the jobs? In closing, Mr. Speaker, this legislation--yeah, I would offer some assistance to small business, but I believe there are more effective ways to assist them during the economic crisis. For instance, not growing the size of government just to give them, small business, a loan. We should be doing things to improve small business by expensing, by permanently repealing the death tax, by extending tax relief, by improving regulatory reform, by not adding a cap-and-trade bill, and by golly, for sure not next week trying out and then passing a health care bill which will diminish American jobs. Mr. Speaker, we have a lot to say. There is a lot of time today, but what we want is for the American people to become engaged in what's going on in Washington, and I think they're watching. I will be asking for a ``no'' vote on the previous question, a ``no'' vote on the rule. I reserve the balance of my time.

Mr. SESSIONS. Mr. Speaker, I yield 8 minutes to a very distinguished young gentleman who is an arch supporter of not only small business but who remembers that, if we will balance the budget, the free enterprise system will grow, the gentleman from Mesa, Arizona (Mr. Flake).

Mr. SESSIONS. Mr. Speaker, I would like to inform my colleague that I do not anticipate having any additional speakers at this time, and I would allow the gentlewoman to run down any time she has with the knowledge that, before she would close, I would do the same. I reserve the balance of my time.

Mr. SESSIONS. Mr. Speaker, over the last few months, the American people have written and called their Members of Congress. They've attended town hall meetings. They've been in the media, on the news, in the newspapers, and they have asked that all Members of Congress read their bills before they vote on them. The American people are outraged. That's why, today, we will be asking for a ``no'' vote on the previous question, because we believe that this process is closed and not open to amendments that would need to be done, which the American people are asking for, including small businesses. We can see what's getting ready to happen next week when we handle the health care bill. So I will be asking for a ``no'' vote on the previous question so we can amend the rule and can allow the House to consider an open bill for H. Res. 544, a bipartisan bill by my colleagues Representatives Baird and Culberson. They have gathered together to make sure that all of the bills of interest would be allowed to be read for 72 hours. I also ask unanimous consent to insert in the Record an amendment and extraneous materials prior to the vote on the previous question.

Mr. SESSIONS. I yield back the balance of my time.

Mr. SESSIONS

Mr. SESSIONS. I appreciate the gentleman, Mr. King, for not only yielding me time to talk about our former colleague and the great Secretary of the Army, John McHugh, but I also thank the gentleman for his leadership on behalf of the State of New York. He really cochaired that responsibility and leadership in so many respects with the gentleman John McHugh. As we see John's friends who have come to the floor this evening to talk about this great man John McHugh from New York--our former colleague, the gentleman from the 24th District of New York--and as his colleagues come to the floor to tout the attributes of service and respect and admiration that we have for John McHugh, I think it's important to note and to amplify how we believe that the men and women of the United States Army and every person who wears the uniform of the United States military will recognize this man who is from our body--a man who in service to his congressional district, to his State and to his country embodied the highest of skillsets, of personal accomplishment and the best wishes. If I can for a minute, I'd like to talk about John McHugh, the man, as we have all taken the pleasure of doing. We just heard the gentleman Mr. LaTourette talk about how he worked with John McHugh on the Government Reform Committee. In fact, I arrived in Congress in 1997, and immediately found myself on the Government Reform Committee. I was a freshman who was eager to take part in the endeavors that lay ahead of us. One of the subcommittees at that time, which I believe the gentleman Mr. LaTourette spoke about, was the Postal Subcommittee. The Postal Subcommittee had this bright, young person who was the subcommittee chairman. He was John McHugh, the gentleman from New York. John made sure, as my subcommittee chairman, that I was there at all the meetings--I was expected to be as a freshman--but more importantly, that I understood the substance and the issues that would be before us. John took very seriously, as he always has, the duties and responsibilities that were there, presented to him and that he accepted. John made sure that I was well-versed on postal issues, talking about not just the compromises but the opportunities that lay ahead for us, making sure that the challenges were properly taken care of. I developed a deep and abiding relationship with John that I cherish even today--although, I'm sure he wants to forget a few of those meetings that we had that went on and on. It was all in the spirit of our service and in the need to make sure that we appropriately and properly did our duty. I also had a chance to run across John McHugh as the left fielder for our baseball team. John McHugh played left field in college. John McHugh is a little, skinny runt who probably weighed about 115 pounds-- if he had a bat in his hand, maybe 120--but that old guy could catch flies out in left field. Some of the most fun activities and times that I had here in Washington were on the baseball field in Alexandria. As Republicans, we would prepare for our baseball games and for the charity game that we do every year, Republicans against Democrats. John McHugh showed up every darned day. I, some days, wanted him not to be there because I wanted a chance to play in the ball game. John started in left field. I didn't understand how this old guy, who was probably five or six years older than I am--and I was old at the time--could be a skinny runt with little legs that could carry him and how he could catch all the balls. He was very kind to me. He showed me, really, how to dodge all of the mud puddles that were out in left field. That was when we had an amazing rain in about the year 2000, maybe '99, 2000, 2001. John had it down. As people across this country are hearing about this great guy John McHugh, John had his position down once again, and John in left field could walk out in the midst of all the mud that was outside there, play three or four innings, come back in, and not have a piece of dirt on him. I went out there and found the mud puddle as I was running, trying to catch the fly, staying up with just catching. There were two ducks that were out there in the mud puddle in left field with us. John made friends with the ducks. The ducks got along with him, but when I went out there, I was in trouble. I remember diving and sliding and walking back and John just looking at me and laughing. He's not just a fun and kind guy. He found a way to allow me to play in the game. He allowed me to share in that endeavor, and we had a good time--always at my expense, I'm sure--but that just spoke volumes about the kind of man that he was early on in my career as we worked together. John and I found lots of activities with each other, and John always included me, not just because of my thought processes of wanting to know what I was thinking but because of how we could work together and how we could make things work. Well, when 9/11 came, Pete King, John McHugh and other members of the New York delegation who were hit and hit hard--Sue Kelly was in that group, John Sweeney and some others--really worked with members of other delegations to talk with them about the needs of New York and about what we needed to do. John McHugh was a strong advocate. He felt very strongly about the men and women who would be called also into harm's way as a result of 9/11. He understood firsthand those families. John, as we know, ended up taking some 10 visits to Iraq and 4 visits to Afghanistan. He sat on the West Point or the U.S. Military Academy Board of Visitors. He knew that I went to the graduations at West Point and enjoyed them immensely. He knows that I have had and that virtually every Member of this body has had several young men or young women who are students at the Academy from all over this Congress and from all over this country. John had a strong sense of responsibility about believing in the mission and purpose, and knew that I felt that way, and looked at other Members the same way. He was a co-Chair of the House Army Caucus. He understood firsthand not just the men and their missions but their families and their lives after coming back home. He spoke very passionately, he and I, about the needs of our returning vets who sometimes still need more in additional help. He has indicated that he will go and take this job. He is fulfilling this duty to do his best for the men and women of the United States Army--a branch of a service that he not only strongly identifies with but has worked with in his congressional duties. John McHugh is a friend. He is a friend of anyone who has balance about trying to solve problems. John McHugh is a kind man. Many times in the midst, when lots of us are hurried in making decisions, John McHugh listens to the facts of the case. John McHugh has in this body exemplified himself. He has stood out as a person who can be trusted, who can make a wise decision and who cares about other people. So, tonight, as this body honors the gentleman John McHugh, I would say to the men and women of the United States Army, to the spouses, to the children, and to the families that John McHugh is taking the place of Pete Geren. Pete Geren grew to have a strong reputation that the Army could count on, not only in discipline and leadership but in doing the right thing. John McHugh is that kind of man also. John McHugh will lead with honor and distinction. John McHugh will also do the right thing. So, for our colleague who was tapped by the President of the United States to go and lead, for our colleague who worked with us day in and day out and year after year with honor and distinction, for our colleague John McHugh who will leave this body, knowing that he still had fight left in him, to go and still lead for the best, for this young man John McHugh, who has lots of friends here who wish him not only the very best but who want to see him again, for our friend John McHugh, who is serving with distinction and who will do well, we say: John McHugh, we thank you. We thank you for who you are and for what you are. Don't change. Sure, get better, but go ahead, and do just what you've done all these years. Do this for the right reason. The gentleman from New York, as I go to conclude here, I would like to read something which was part of John McHugh's statement as he left this body. He said in July, I have been so struck how these heroes facing pain and loss and uncertainty asked one question, What else can I do to serve? He challenged himself when he said, We can ask no less of ourselves. I would say to the men and women of the United States Army, you have a kind, gracious leader who will care about you. You have a man that understands that it is you who will be asked to sacrifice, but you will also have a man that will never ask you to do anything that he does not honestly believe in that is in the best interest of freedom and opportunity in the United States of America. And as we hear these stories of bravery and heroism, as we see these men suffer, as we see their families well up, not only in pride, but also in fear for their families, we would offer one of our own from this body to say, We have confidence that you will lead, you will lead to the best; and we're going to miss you, but we're very, very proud of you. From my left field buddy from congressional baseball, good luck with the New York Yankees against the Philadelphia Phillies, because you guys are going to need it.

Mr. SESSIONS

Mr. SESSIONS. Mr. Speaker, I rise today to address the looming health care debate here in Washington, D.C. The American people know the truth about the Democrat health care proposal. We know that it's full of mandates, full of taxes, and will result in further job losses, but it also cuts reimbursement to physicians and hospitals and creates an even larger access problem. In the proposed health care reforms, congressional Democrats are racing to create an unsustainable government-run health care plan that would reimburse physicians and hospitals no more than 30 to 60 percent of market rates. Public safety-net hospitals like Parkland Hospital--which serves as a critical health care provider to many in Dallas, Texas--need to keep their doors open to make this plan successful. My Republican colleagues and I believe that we need to guarantee physicians and hospitals adequate reimbursement for their services to ensure the American people have access to a delivery system that works--not mandates, not taxes, and not job losses.

Mr. SESSIONS

Mr. SESSIONS. Madam Speaker, I rise today to recognize the work of an outstanding individual, Julie Cain Burkhard, as she concludes her distinguished work as Chairman of the National Panhellenic Conference (NPC). This conference represents 26 sororities with a member base of more than four million women at 655 campuses and 4,500 alumnae chapters in the United States and Canada. Sororities and fraternities are the largest values-based organizations on college campuses and among the most successful leadership development programs for college students. As Chairman, Julie has led NPC's effort to provide support and guidance for its members, and acted as one of NPC's leading voices on contemporary issues of sorority life. As a proud University of Georgia alumna and past national president of her sorority Alpha Chi Omega, Julie's unyielding passion for Greek life is reflected in her lifetime commitment to collegiate leadership. Under her leadership, NPC has increased their membership, created web- based advocacy tools, and furthered the organizational effectiveness of the conference. Julie has been a great resource and advocate for women worldwide. Her long-term commitment to her Alpha Chi Omega chapter, its international organization, and the entire Greek community are tokens of the leadership, dedication, and loyalty that make her a role model for women leaders and incredibly deserving of this honor. I have personally had the opportunity to work with Julie over the years as she has come to Washington to tirelessly advocate for students across the country. We have worked together on the passage of the Collegiate Housing and Infrastructure Act, a bill that would help improve not-for-profit housing for college students, as well as legislation dedicated to advancing college fire safety standards and student financial aid. The National Panhellenic Conference is a stronger organization as a result of her unwavering leadership and steadfast commitment to the lives of Greek women. I am pleased to honor Julie Cain Burkhard's exemplary service and wish her all the best in her future endeavors.

Mr. SESSIONS

Mr. SESSIONS. Madam Speaker, I rise to day to recognize the City of Richardson and the Richardson Police Department for its efforts to combat crime and its 2009 National Night Out on October 13, 2009. Since its inception twenty-six years ago, the National Night Out program has successfully reached out to numerous communities nationwide in its mission to raise crime and drug prevention awareness. The City of Richardson has utilized innovative methods to encourage citywide participation such as organizing neighborhood block parties, programs for the Hispanic and Asian communities, and activities at various senior centers. These gatherings unite citizens, law enforcement agencies, businesses, civic organizations, and local officials. It shows their resolve to fight back against criminals and their commitment to keeping our neighborhoods safe. The City of Richardson's high participation has resulted in their being the award winner for Category #3 in the Nation. National Night Out has helped the Police strengthen neighborhood spirit and build partnerships within the local community. Madam Speaker, I ask my colleagues to join me in commending the City of Richardson and the Richardson Police Department for their hard work and dedication. Their efforts have made our community a safer and better place.

Mr. SESSIONS

Mr. SESSIONS. Madam Speaker, I rise today to recognize the City of Dallas and the Dallas Police Department for its efforts to combat crime and its 2009 National Night Out on October 6, 2009. Since its inception twenty-six years ago, the National Night Out program has successfully reached out to numerous communities nationwide in its mission to raise crime and drug prevention awareness. The City of Dallas has utilized innovative methods to encourage citywide participation such as organizing neighborhood block parties, safety fairs, visits from police, contests, and rallies. These gatherings unite citizens, law enforcement agencies, businesses, civic organizations, and local officials. It shows their resolve to fight back against criminals and their commitment to keeping our neighborhoods safe. National Night Out has helped the Dallas Police strengthen neighborhood spirit and build partnerships within the local community. Madam Speaker, I ask my colleagues to join me in commending the City of Dallas and the Dallas Police Department for their hard work and dedication. Their efforts have made our community a safer and better place.

Mr. SESSIONS

Mr. SESSIONS. Mr. Speaker, I want to thank the gentlewoman from California, my friend, for yielding me the time. I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to this closed rule--once again, a closed rule--coming out of the Rules Committee and the process that brought this bill to the floor. My friends on the other side of the aisle for the first time in history shut down the appropriation process by placing extremely restrictive rules on every single appropriation bill that has come to the floor of the House this year. Chairman Obey set an arbitrary timeline to finish the fiscal year 2010 spending bills, which has forced the Democrat Rules Committee to limit every Republican and Democrat's chance to offer an amendment on the floor. Why? For what reason? There are hundreds of good amendments which were offered by all of my colleagues which were rejected in this unprecedented fashion. Now that this House has finished all the appropriation bills, you would think that my friends on the other side of the aisle would allow for an appropriate time and an appropriate process for consideration of the conference reports, not just come to this House floor but for Members to be heard from and for us to go back to a process which this House was used to in its precedents for so many years. But no. Last night the conference report was filed after 6 p.m., I believe 6:17, and the Rules Committee met at 7:15 to report out a rule for floor consideration. Our Democrat colleagues in the committee waived the House rule that requires a 3-day layover of conference reports and scheduled a bill on the floor first thing this morning. Additionally, just last week this House voted to adopt a motion to instruct that stated that the conference report, a bill that we are discussing on the floor here today, should be available online in a searchable format for at least 48 hours before it's voted on. Well, Mr. Speaker, forget the 3-day rule. Forget the 48-hour motion to instruct; this House was given just less than 24 hours to review the conference report and its changes. I don't know when my Democrat colleagues will allow for the open, honest and ethical Congress that they once called for, but we're on the floor once again saying, We have met the deadline that Chairman Obey wanted. Can we get back to a normal process now, a normal process that is not good just for Republicans and not just for our Democratic Members but good for this House to follow? Mr. Speaker, today we are discussing the Energy and Water appropriation conference report for fiscal year 2010. Today it is my intention to focus on the increase in spending over last year's level and destructive initiatives that the Democrat majority continues to pursue that have only killed jobs and led to record deficits. This administration and this Democratic Congress promised the American public jobs, economic growth, economic recovery, health care, a cleaner environment, better education and just a wonderful, wonderful life, all contained within their appropriation bills. And the list goes on and on with other promises. Yet the only thing up to now that they really have accomplished is record deficits, record spending and record unemployment numbers all across America. The fiscal year 2010 Energy and Water appropriation conference report provides $33.5 billion in total funding, which is hundreds of millions of dollars above last year's level, and this is in addition to the $58.7 billion provided in fiscal year 2009 emergency funding just from a few months ago, mostly from the stimulus bill. We have seen massive government spending. Now this bill does not represent any commitment to fiscal sustainability. More promises, more spending, more deficit, more record unemployment. Mr. Speaker, the Obama administration promised America, if Congress passed the stimulus bill, that unemployment would not go beyond 8 percent, that it would create and save millions of jobs. Here we are 8 months later with a record 9.7 unemployment rate, the highest in 26 years, and more than 2 million Americans have lost their jobs since the passage of the $1.2 trillion ``stimulus employment plan.'' This summer when discussing the stimulus, Vice President Biden said the Obama administration--and I quote--``misread how bad the economy was,'' even though as a candidate for President and Vice President both of them had been all over the country. They had seen firsthand exactly the circumstance this country was in. The Obama administration got it wrong. They got it wrong when it came to the stimulus, and the American people know they got it wrong also. The American people can no longer afford this Democrat-controlled House, Senate and White House. We've got to start getting it right, not guessing and getting it wrong. Spending hundreds of millions of dollars more in addition to the $58 billion additional spending this year is not a way to fix the problem. In June of this year, my friends on the other side of the aisle passed a cap-and-trade bill that will raise prices on energy, goods, and services, and every single hardworking American across the country will pay that price. In my home State of Texas, the average household can expect to pay more than $1,100 a year extra as a result of that legislation. Additionally, this legislation could ultimately kill over 1.38 million jobs that are in the manufacturing sector of this economy. That's 1.38 million more jobs. Mr. Speaker, some time this month the Democrat-controlled House wants to pass sweeping health care reform. Effectively, it will diminish the employer-based insurance market and forces 114 million Americans into a government-run program. This $1.2 trillion package raises taxes once again, raises taxes once again, raises taxes once again, which is what this Democratic-controlled Congress is about. Raise $1.2 trillion in taxes on individuals and small businesses that do not participate in the government plan and $800 billion, which the President talks about will be necessary to fund this massive government takeover and will result in 4.7 to 5.5 million more private-sector jobs being lost in America. In July, the Congressional Budget Office director stated that the Democratic health care proposal ``significantly expands the Federal responsibility for health care costs.'' Mr. Speaker, I thought that the goal of health reform was to bring costs down for Americans, not to increase the cost, further America toward bankruptcy and to cost 4.7 to 5.5 million more enterprise system jobs. By the way, those are jobs that are not in Washington, D.C. The American people know that you cannot spend what you don't have, and that's exactly what we are doing here today with the Democratic majority. Earlier this month, the Treasury Department released a statement reporting that the Federal budget deficit reached a record $1.378 trillion and that the national debt reached $11.8 trillion by the end of August. This means that since 2007, this Democratic Congress has increased the Federal deficit by $1.217 billion and increased the national debt by over $3 trillion. What a record. In closing, Mr. Speaker, I will continue to point out that our friends on the other side of the aisle should not tax and spend not only this country but also hardworking families into a further economic recession. My Democratic colleagues need to get a handle on the out-of-control spending which they dogged us repeatedly about when we were in the majority at far lesser levels. Rising unemployment and record deficits cannot be remedied with massive increases in spending by Uncle Sam. Huge energy and health care costs that raise taxes and kill jobs is not what our economy needs right now. Americans need a balance. They need to listen to what is happening in Washington only to see that Washington is the problem, not the answer. Americans are tightening their belts because they get it. Congress should be doing the same thing. Mr. Speaker, we have talked today about the process. We have talked today about spending. And we have talked about the overall agenda of this Democratic majority that is about taxing, it is about spending, it is about record unemployment, rather than working on the things that the American people, the people back home who sent us here to do our job, are working on. I encourage a ``no'' vote on this rule. Mr. Speaker, I reserve the balance of my time.

Mr. SESSIONS. Mr. Speaker, the thought process here in Washington is that we can solve all the problems that our country has, just trust Washington. I think now more than ever we are seeing at the end of this year that the leadership in Washington, D.C., the bills that are on this floor, the votes which we take virtually every single time, every single vote is about more taxes, more spending, more rules and regulations that are thrown to the American people with this package about how great this is for the American people. Yet what happens is that Members of Congress, lots of them in our body on both sides, go back home and they listen to the American people. And they listen to the American people talk what I think is a lot of common sense: common sense about how to fix our health care, how to fix our spending, how to fix the unemployment, how to encourage manufacturing rather than deleting it. Then they look up and see the political agenda of the Democratic Party, that in the three biggest political bills that represent the Democratic Party we will lose almost 10 million jobs in this country; and the political agenda of the Democratic Party, one which this body is barreling down that pathway to meet and match, has resulted in disaster for people back home. So the Republican Party will continue to come to Washington and be faithful after listening, and we will go to our committees and we will throw our ideas on the floor and ask the committees to vote on them. We will continue to have Members come to the Rules Committee that seek time, permission to speak about ideas that will better the bills. Yet we find that in these instances before the Rules Committee, it really doesn't matter. It doesn't matter not just for Republicans, but it really doesn't matter to a Democrat either. They will block the best ideas that come from the heartland. Mr. Speaker, this is not a way to continue. We are once again coming to the floor, as I have done all year, and my colleagues David Dreier, Lincoln Diaz-Balart, and Virginia Foxx, as we explain the rules and explain the Rules Committee, explain what is happening: receiving a bill at 3 o'clock in the morning; getting a bill, as we did last night, 1 hour before the meeting; not even following the rules from a resolution we had just the week before about online availability of bills. Mr. Speaker, no wonder the American people are up in arms and insisting that Members of Congress read the bill first; that every single Member of this body is given a chance every single time to say, I disagree with the direction that the Democratic leadership is taking us. We need to read the bills. We need to take the ideas from people in the heartland, through their Representatives in committees and up in the Rules Committee, and make these in order and follow a process that the American people, if they were sitting in, would say, Why not take more time? Why not understand the bill? Why not cut spending? Why not make some commonsense directional issues happen in this Congress? This leadership, these bills continue to follow a process that the American people are questioning. We will continue coming to the floor and politely, on behalf of people back home, say that we would hope that we would go back to regular processes instead of setting a new record every time for closed rules. I think it's important. I think it's important. We will keep coming to the floor, and we will dutifully keep speaking up, and we will make sure that we are properly representing those people who are talking about better process, better direction, and doing the things that will work. Mr. Speaker, I thank the gentlewoman for yielding the time, and I yield back the balance of my time.

Mr. SESSIONS

Mr. SESSIONS. Madam Speaker, I rise today to recognize the 50th Anniversary of the Apartment Association of Greater Dallas (AAGD). Founded in 1959 by a small group of dedicated professionals, the Apartment Owners Association of Dallas sought to establish a communication forum to share information and foster professionalism for the growing multifamily industry. Since then the organization has grown to over 1,000 members, representing members across 11 counties in North Texas and over 35 municipalities. Members of AAGD are wholeheartedly committed to providing quality and affordable housing for all apartment residents. They are also responsible for managing over 1,890 properties representing 435,000 rental units, which consists of more than 90 percent of the apartments and rental homes in the Dallas area. As the nation's largest member based local apartment association, they are specifically devoted to the advancement of its members within the apartment industry ranging from legislative representation to education and certification programs to community service projects as well as a wide range of communication tools. Also functioning as a trade association, AAGD is dedicated to upholding and promoting the highest professional standards in the apartment industry. Madam Speaker, I ask my esteemed colleagues to join me in celebrating AAGD's 50th anniversary. Congratulations to AAGD on fifty years of dedicated service to the multifamily industry! I know their hard work and commitment to quality and affording living has benefitted the many residents of apartment homes managed by AAGD members.

Mr. SESSIONS

Mr. SESSIONS. Madam Speaker, I rise today to support the efforts underway to improve the relationship between the Republics of Turkey and Armenia. Over the past several years, the two countries have been meeting quietly, with the assistance of Switzerland, to come to an agreement to normalize their relations and open the borders between Armenia and Turkey. I am pleased that these negotiations have been fruitful. A strong relationship between these two countries will benefit not only the citizens of Armenia and Turkey, but the region and world as well. I also encourage the two countries to continue to work together to finish this process. I am optimistic that these efforts will lead to greater stabilization of the region, and I applaud and congratulate the governments of Armenia and Turkey on their efforts to date and offer our friendship and help as they move on to the next steps in the process.