Mr. Chairman, I move to strike the last word. Mr. Chairman, I think a little bit of telecommunications history would be appropriate at this juncture. First of all, just let me explain that AT&T and the regional Bell companies had nothing…
Mr. Chairman, I move to strike the last word.
Mr. Chairman, I think a little bit of telecommunications history would be appropriate at this juncture. First of all, just let me explain that AT&T and the regional Bell companies had nothing to do with the invention of the Internet. In fact, they were asked by the Federal Government in 1966 if they wanted the contract to build the packet switch network that would operate simultaneously with the Long Lines Network across the country, and AT&T and Bell South and Verizon all said, No, we don't want to build the packet switch network. Give it to someone else. And so they did. They gave it to a tiny company, Bolt, Baranek and Newman up in Massachusetts, which built the Internet across the country, designed it, without any of the Bell operating companies.
Back in the 1960s and the 1970s, when people said to AT&T and said to Verizon and said to Pac Bell, How about allowing people to be able to go out and buy another phone other than a black rotary dial phone? Well, here's what AT&T and Bell South said. They said, If you allow someone to buy another phone other than a black rotary dial phone, it could destroy the entire phone system of our country.
Back in the 1970s and early 1980s there were new companies called MCI and Sprint that wanted to provide competing long distance service. Remember, up until the mid-1980s, whenever grandma called from California, people would run to the phone saying, Run, it's long distance. It costs a dollar a minute. That was AT&T, that was the Bell system across our country. No competition, no incentive to introduce innovation, no incentive to lower prices, no incentive to make the consumer the king.
And then along comes the 1990s and 2000s. We here on the floor of Congress said we must introduce competition. This system--this AT&T, this Bell South, Verizon, Pac Bell system--it does not innovate. Not one home in America had broadband in February of 1996 when we passed the Telecom Act here. We had to order it. There were no broadband users in America in any home as we passed the bill.
So what we tried to do is to induce Darwinian, paranoia-inducing competition. What do the broadband barons seek to accomplish? They, as the private sector, want to quash competition. They don't ever and they never will invent a Hulu, an Amazon, an eBay. They will never invent any of these thousands of smaller companies which are the engine of economic growth in our country, which leads to our ability to export these products.
Verizon is not going to invent anything to do. What they want to do is squeeze the competitors. Price them out of the market so that they can maintain a monopoly or an oligopoly across the country. That's what this debate is all about. That's what the FCC rules are saying. They're saying that the new Steve Jobs, the new Bill Gates, the new Sergey Brin or Larry Page in the garage somewhere--and there are thousands of them across the country--must be able to get into the marketplace to create these new jobs without having to be tipped upside down and having every last cent poured out of their pocket to pay these large companies. That's what this debate is all about. It's about whether or not we want vigorous competition in the marketplace. Those who are opposed to the open network, those who are opposed to giving every competitor equal access with the biggest broadband behemoth, that is what this debate is about.
They're covering it as though the government is really trying to control the Internet. Not so. They are siding with the broadband barons against those thousands of companies who are out there, who have reinvented telecommunications and information delivery in our country and across the planet just 14 years after the Bell system had 100 years to do so and had invented every single technology. They had invented them all, but they had no incentive to deploy those new technologies because they had a monopoly.
That's what the debate is about. If you vote for this amendment to give control by the broadband barons over the Internet once again, then you will see an inexorable, inevitable decline in innovation, in investment, in the private sector in these new products, these new technologies, these new applications, these new devices which are basically invented by hundreds and thousands of smaller companies in our country. That's the choice you have. Vote ``no'' on this amendment that shuts down the Internet.
I move to strike the last word.
This amendment is overbroad, to use a euphemistic term, in order to describe what its impact will be upon those who are the least powerful, and most agreed in terms of the impact in which the Federal Government has upon their lives as individual citizens.
Let me give you an idea of how broad the impact of this amendment is. If this amendment had been in place, would the citizens who had been unwittingly turned into nuclear guinea pigs in the 1940s and 1950s during Federal Government-sponsored radiation experiments using thousands of American citizens without their permission have been able to bring their lawsuits decades later in order to reclaim some small compensation for their families? Would they have been able to bring their suits against the Federal Government? Who do you want to empower, the people who were the guinea pigs or the Federal Government?
Would a widow who sued the Social Security Administration for refusing to provide the survivor's benefits that she was still due, would she be able to sue? Or are the legal fees just so great that the widow just has to live without the benefits? Would those who live downwind from a nuclear test and suffered cancer or other health effects, would they be able to sue? They've only found out years later what the impact is on them. How can they possibly afford the legal fees to take on the Federal Government?
Would the atomic veteran deployed at the test site during the atmospheric nuclear testing of the 1950s ever have been able to afford to bring their case to court? Would those people all across Nevada, Arizona, Utah, those States out West where these poor victims only found out later, how could they have ever afforded to have brought a lawsuit if they are not going to know that their legal fees would be covered when they win?
Would government whistleblowers be able to bring a case in response to retaliation by their supervisors? How can they sue the government? It's this lone individual against the Federal Government. We should be empowering these individuals against the Federal Government when it acts in an imperious, arbitrary, capricious way that ruins people's lives. Would citizens harmed by a contamination at a Superfund site at a military base in their neighborhood be able to sue the Federal Government because of the harm that has now gone into their neighborhoods? Or should we just say, Sorry, you are out of luck. The Federal Government did it to you. They did it to you in your neighborhood. You don't have the capacity because you are just some poor citizen living accidentally near a military base.
What would the black farmers who were discriminated against for decades by the Agriculture Department have been able to do in terms of bringing a lawsuit? They couldn't have done it. Those poor black farmers took a generation. Who funds that? How do they take on the Federal Government which had a policy of discrimination for 200 years against black farmers? How do they do it? You are defunding all of those lawsuits with this one amendment. What would have been the impact on Native Americans who trusted the government to protect their interests and natural resources and instead were ripped off? How do those Native Americans bring their case?
All of these things are now basically undermined by the amendment that we are now considering. That is this impact that is being visited upon all of these victims and all future victims, all actions by the Federal Government of the United States of America. This is where you get to show what your attitude is towards the Federal Government when they are acting in a way which does direct harm to the health, the well-being, and the safety of ordinary Americans in our country.
I will read the amendment. ``None of the funds made available by this Act may be used for the payment of fees and other expenses under section 504 of title 5'' of the U.S. Code. So this covers every suit that could be brought by any citizen against any Federal agency of the United States Government. I don't know how you can side with the Federal Government against ordinary citizens and their right to sue, especially those who have been harmed the most seriously.
So I urge a very strong ``no'' by every Member of Congress who really does believe that the Federal Government has to be put in its place when they harm ordinary citizens.
I rise just to make this very simple point so you all know what you're doing. The law that this amendment wants to prevent funding for was a Ronald Reagan law. This is a law Ronald Reagan signed and put on the books, just so you understand. And of course the reason he put it on the books was that he sided with the little guy against the Federal Government. This is a way to make the Federal Government accountable. And recovery of attorneys' fees and legal expenses is needed to ensure that the people can keep their own government accountable when they, the smallest of the
small, are having the Federal Government intrude itself into their lives and bringing tremendous harm to the health and well-being of the families in any particular community in our country.
As of 2009, by the way, Social Security and veterans cases make up the majority of Equal Access to Justice awards. So you're going to be disempowering, for the most part, Social Security and veterans cases that otherwise would not be able to be brought against the Federal Government. And I just think that this is not well thought out.
This is an across-the-board blunderbuss attack upon the rights of citizens all across the country who otherwise are just going to sit there in their home wondering what's going on in Washington. If ever there was a tea party amendment that has to be made to counter what you're doing, this is it. You guys are here representing Big Government against the essence, the heart, the soul of the tea party movement, wondering how the Federal Government can get away with intruding themselves. And all we're really providing here is minimal financial assistance if they win. If they lose it's a frivolous case. If they lose, the jury decided against them. This is only if they win, if they put up their life savings to try to take on the Federal Government and they win because the Federal Government had compromised the rights of their family.
So, I just want to let you all know, environmental cases amount to a very, very, very tiny fraction of all the cases that we're talking about. We're talking about, for the most part, ordinary families. And I understand why some people might not want to give these people the right to sue, but you're making a big mistake. It's at the heart, it seems to me, of what the tea party movement was about, and voting for this will be a very difficult thing to explain.
Mr. Chairman, I move to strike the last word.
What we are hearing this afternoon, Mr. Chairman, is a whole bunch of phony baloney numbers about how this is going to affect the cement industry, about how this is going to affect the concrete industry, when, in fact, industry after industry in the United States has been able to comply with rules which protect the public health and safety.
First, let's just define what we're talking about and why American families are concerned about what the Portland cement industry is doing:
It is airborne mercury which settles in lakes and rivers. It accumulates in fish and shellfish. In its most dangerous form, it is a neurotoxin that can lead to birth defects and stunted brain development.
Since we are at the top of the food chain and doctors and dieticians across the country are urging families to eat more fish, we are simultaneously urging them, especially those with small children or who are women who may be pregnant, to consume these fish that
have the neurotoxins in them that we know lead directly to brain damage, that lead to harm in children in our country.
So this is a concrete example of what the Republican majority is now trying to do. This is kind of a regulatory earmark for a single industry, aimed at giving it the right to pollute, to send mercury into our atmosphere, and ultimately into the bodies of the children of our country when we know that thousands of them are going to die from the consumption of that mercury and that thousands more will have an aggravation of asthma, which they already have. The same thing will be true for senior citizens. Yet they're over here and are almost ignoring the health care impacts on families in our country.
We have people all across the country who are now going through food stores, looking to find what the mercury count is in the food which they're purchasing for their families. Instead, what the majority wants to do here today is to put a pair of Portland cement shoes on the EPA and then throw it into the river. And if the EPA doesn't die from drowning, the mercury is going to kill it. That's ultimately what the impact is going to be of this amendment.
So I understand, if I were a trade association, that I would be arguing, You can't impose any kind of restrictions upon us to protect the children of our country. It's just too expensive. It's too hard for us to do. The Chinese will take advantage of our protecting children from having mercury put into their brains, into their systems.
But do you want to know what? That's not a good enough excuse for our country. Our country is supposed to be the leader in ensuring that the public health of our citizens is protected. What has been constructed here is a very careful balance which ensures that the industry can survive and thrive at the same time that it is protecting the health and safety of the children in our country.
There are, by the way, many other people in the cement manufacturing industry who have contacted me, including companies in my own district, who do not support this position. They say that it is actually quite within their power to be able to comply with these rules in terms of ensuring that mercury is reduced in the production of cement, of concrete in our country.
So this is for the narrow number of small companies which are seeking to be exempted from having to participate in something that the vast majority of the industry can comply with. I do not believe that our country is going to sink to a level where the health and safety of the children in our country are going to be allowed to be compromised by amendments on this House floor on behalf of a single small industry, without any scientific justification except the bleatings that come from those who do not want to comply, and knowing that the consequences will be the loss of thousands of lives and brain damage done to thousands of more who are children right now but who will be affected by the vote that we cast here today.
I yield back the balance of my time.