[Congressional Record Volume 156, Number 30 (Thursday, March 4, 2010)]
[Senate]
[Pages S1159-S1164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  TAX EXTENDERS ACT OF 2009--Continued

  Mr. LEVIN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. SPECTER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Pennsylvania is recognized.
  Mr. SPECTER. I thank the Chair.
  (The remarks of Mr. Specter pertaining to the introduction of S. 3080 
are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mr. SPECTER. Madam President, in the absence of any other Senator 
seeking recognition, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BURRIS. Madam President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BURRIS. Madam President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Health Care Reform

  Mr. BURRIS. Madam President, my colleagues and I have spent much of 
last year debating the issue of health care reform. After nearly a 
century of false starts and broken promises, Democrats came to Congress 
determined to enact comprehensive reform. We were confident that this 
time we would not fall short as our predecessors had done; this time we 
would deliver the changes the American people have been demanding for 
so many years. But over the course of the debate an unfortunate pattern 
emerged, a pattern of obstructionism and delay and scare tactics 
designed to derail our efforts to make a difference.
  My Democratic colleagues and I worked hard under President Obama's 
leadership to craft sweeping legislation, but our Republican friends 
were not interested in passing health care reform. They had no desire 
to take action and no plan of their own. Instead, they found every 
opportunity to stall, to clog up the Senate, and score political points 
by attacking those who supported our efforts. They spread 
misinformation about death panels and higher costs and rationing 
coverage even though they knew these things were not in our bill. But 
they kept repeating this bad information and repeating it until it 
finally started to take hold.
  The ordinary folk who heard these distortions had no reason to 
believe their elected officials would try to misinform them, so they 
retained this bad information and they did exactly what our Republican 
friends wanted them to do--they got angry. They held rallies. They 
called their Senators and Representatives. They regurgitated the 
talking points that had been written for them by obstructionists and 
special interests and the insurance lobby.
  As a result, our Republican friends succeeded in holding up our 
health reform bill. By misinforming the American people, they stirred 
up an opposition that was tailor made to create confusion and gridlock 
no matter how hard some people tried to explain the truth because the 
facts are these.
  No Democratic health care proposal has ever included a so-called 
``death panel.''
  None of our legislation would result in rationing of any kind.
  And, rather than driving costs up, as my Republican friends have 
argued, nonpartisan analysis consistently shows that the Senate bill 
would lower costs significantly.
  It would reduce the deficit by more than $130 billion in the first 10 
years, and almost $1 trillion in the decades after that.
  In addition, our bill would extend health coverage to 31 million 
Americans.
  It would prevent corporations from discriminating against their 
customers because of pre-existing conditions.
  And it would reduce health premiums for individuals and families, to 
the tune of hundreds, or even thousands, of dollars per year, depending 
on income level.
  From the very beginning of this debate, I have called for a bill that 
fulfills the three goals of a public option:
  A bill that creates competition in the insurance market. A bill that 
gives us the tools to hold insurance companies accountable. A bill that 
will provide cost savings to millions of Americans.
  I believe our current proposal can accomplish all of these things. 
This legislation is not perfect, but it represents

[[Page S1160]]

a major step in the right direction. So I would urge my Republican 
friends to thoroughly examine the legislation we have introduced. And I 
would ask that they fulfill the public trust that has been placed in 
them, by being honest with the American people. By building their 
arguments on facts, not misinformation, and offering constructive 
suggestions rather than partisan talking points.
  We all agree that our health care system is badly broken. And we owe 
it to everyone in this country to have a vigorous national debate about 
how to fix it.
  In spite of the obstructionism and the delays that we have seen from 
the other side over the last year, I remain confident that my 
colleagues and I can pass a comprehensive health reform bill in the 
coming weeks. We have come further than any Congress in history. So it 
is time to finish the job. In light of recent developments, I think it 
is more likely than ever that our efforts will be successful.
  Just last week, President Obama invited a group of Republicans and 
Democrats to join him for an open conversation about health care 
reform. Millions of Americans watched on TV as leaders from the House, 
the Senate, and the executive branch laid out their respective ideas 
for reform.
  Yes, we heard some partisan talking points from a few on the other 
side. But for the most part, both Republicans and Democrats seemed 
eager to engage in a real conversation. They challenged each other's 
ideas. They debunked some of the myths that have taken hold over the 
past year. In the end, I think we discovered that we share more common 
ground than many people thought.
  So it is time to move forward. President Obama has announced that he 
is open to four specific Republican ideas that emerged from last week's 
health care summit. I share the President's support for these 
proposals, which include eliminating waste and fraud, funding 
demonstration grants, increasing Medicaid doctor reimbursements, and 
expanding health savings accounts. I hope that my colleagues on both 
sides of the aisle will give these ideas a hard look, so we can 
incorporate them into our existing legislation. And I hope that my 
Republican friends will recognize that, while our current bill is not 
perfect, it contains a number of things they can strongly support.
  So let us end the obstructionism and the delays. Let's stop spreading 
misinformation, and continue the conversation that emerged from the 
President's health care summit. And once we have a final bill that 
incorporates some of these suggestions, let us have an up or down vote.
  The American people are tired of hearing excuses. They are tired of 
watching some members of this chamber manipulate the rules to prevent 
us from taking action. That is not how this Senate is supposed to work. 
So, whether my colleagues support or oppose the final legislation, I 
hope they will have the courage to let it come to a vote, rather than 
hiding behind the threat of filibuster.
  This debate has been going on for a year. And the American people 
have been calling for comprehensive reform for almost a century. So I 
think it is high time to move forward together. Let's get this done. 
Let's do it right. Let's do it now.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Burris). Without objection, it is so 
ordered.


                    Amendment No. 3356, as Modified

  Mr. REID. Mr. President, I ask unanimous consent that the Murray 
amendment I offered on her behalf be the pending amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
amendment is pending.
  Mr. REID. I ask unanimous consent that it be modified with the 
changes at the desk.
  The PRESIDING OFFICER. Without objection, it is so modified.
  The amendment, as modified, is as follows:

       At the end of subtitle C of title II, insert the following:

     SEC. __. 6-MONTH EXTENSION OF THE EMERGENCY CONTINGENCY FUND 
                   FOR STATE TEMPORARY ASSISTANCE FOR NEEDY 
                   FAMILIES PROGRAMS.

       (a) In General.--Section 403(c) of the Social Security Act 
     (42 U.S.C. 603(c)) is amended--
       (1) in paragraph (2)(A), by inserting ``, and for the first 
     6 months of fiscal year 2011, $1,300,000,000,'' before ``for 
     payment'';
       (2) in paragraph (2)(B)--
       (A) by inserting ``for fiscal year 2009'' after ``under 
     subparagraph (A)''; and
       (B) by inserting before the period the following: ``, and 
     may be used to make payments to a State during fiscal year 
     2011 with respect to expenditures incurred by such State 
     during fiscal year 2009 or 2010. The amounts appropriated to 
     the Emergency Fund under subparagraph (A) for the first 6 
     months of fiscal year 2011 shall be used to make grants to 
     States during such months in accordance with the requirements 
     of paragraph (3), and may be used to make payments to a State 
     during the succeeding months of fiscal year 2011 and during 
     fiscal year 2012 with respect to expenditures incurred by 
     such State during the first 6 months of fiscal year 2011'';
       (3) by striking paragraph (2)(C) and inserting the 
     following:
       ``(C) Limitations.--
       ``(i) In general.--In no case may the Secretary make a 
     grant from the Emergency Fund for a fiscal year after fiscal 
     year 2012.
       ``(ii) Reservation of funds.--Of the amounts appropriated 
     to the Emergency Fund under subparagraph (A) for the first 6 
     months of fiscal year 2011, $500,000 shall be placed in 
     reserve for use in the succeeding months of such fiscal year 
     and in fiscal year 2012. Such amounts shall be used to award 
     grants for any expenditures incurred by States after April 
     30, 2011.'';
       (4) in clause (i) of each of subparagraphs (A), (B), and 
     (C) of paragraph (3), by striking ``year 2009 or 2010'' and 
     inserting ``years 2009, 2010, or the first 6 months of fiscal 
     year 2011'';
       (5) by adding at the end of paragraph (3) the following:
       ``(D) Grant related to increased expenditures for 
     employment services.--
       ``(i) In general.--For each of the first 2 calendar 
     quarters in fiscal year 2011, the Secretary shall make a 
     grant from the Emergency Fund to each State that--

       ``(I) requests a grant under this subparagraph for the 
     quarter; and
       ``(II) meets the requirement of clause (ii) for the 
     quarter.

       ``(ii) Employment services expenditure requirement.--A 
     State meets the requirement of this clause for a quarter if 
     the total expenditures of the State for employment services 
     in the quarter, whether under the State program funded under 
     this part or as qualified State expenditures, exceeds the 
     total such expenditures of the State in the corresponding 
     quarter in the emergency fund base year of the State.
       ``(iii) Amount of grant.--Subject to paragraph (5), the 
     amount of the grant to be made to a State under this 
     subparagraph for a quarter shall be an amount equal to 80 
     percent of the excess described in clause (ii).'';
       (6) in paragraph (4), by striking ``and subsidized 
     employment'' and inserting ``subsidized employment, and 
     employment services'';
       (7) in paragraph (5)--
       (A) in the paragraph heading, by inserting ``on payments; 
     adjustment authority'' after ``Limitation'';
       (B) by striking ``The total amount'' and inserting the 
     following:
       ``(A) In general.--The total amount'';
       (C) by inserting after ``grant'' the following: ``The total 
     amount payable to a single State under subsection (b) and 
     this subsection for the first 6 months of fiscal year 2011 
     shall not exceed 15 percent of the annual State family 
     assistance grant.''; and
       (D) by adding at the end the following:
       ``(B) Adjustment authority.--The Secretary may issue a 
     Program Instruction without regard to the requirements of 
     section 553 of title 5, United States Code, specifying 
     priority criteria for awarding grants to States for the first 
     6 months of fiscal year 2011 or adjusting the percentage 
     limitation applicable under subparagraph (A) with respect to 
     the total amount payable to a single State for such months, 
     if the Secretary determines that the Emergency Fund is at 
     risk of being depleted prior to April 30, 2011, or the 
     Secretary determines that funds are available to accommodate 
     additional State requests.''; and
       (8) in paragraph (9)--
       (A) in subparagraph (B)(i), by striking ``or 2008'' and 
     inserting ``, 2008, or 2009'';
       (B) by adding at the end of subparagraph (B)(ii) the 
     following:

       ``(IV) The total expenditures of the State for employment 
     services, whether under the State program funded under this 
     part or as qualified State expenditures.''; and

       (C) by adding at the end the following:
       ``(D) Employment services.--The term `employment services' 
     means services designed to help an individual begin, remain, 
     or advance in employment, as defined in program guidance 
     issued by the Secretary (without regard to section 553 of 
     title 5, United States Code).''.
       (b) Conforming Amendments.--Section 2101 of division B of 
     the American Recovery

[[Page S1161]]

     and Reinvestment Act of 2009 (Public Law 111-5) is amended--
       (1) in subsection (a)(2)--
       (A) by striking ``2010'' and inserting ``2011''; and
       (B) by striking all that follows ``repealed'' and inserting 
     a period; and
       (2) in subsection (d)(1), by striking ``2010'' and 
     inserting ``2011''.
       (c) Program Guidance.--The Secretary of Health and Human 
     Services shall issue program guidance, without regard to the 
     requirements of section 553 of title 5, United States Code, 
     which ensures that the funds provided under the amendments 
     made by this section for subsidized employment do not support 
     any subsidized employment position the annual salary of which 
     is greater than the median annual income for all 
     participating jurisdictions.

     SEC. __. DEPARTMENT OF LABOR; EMPLOYMENT AND TRAINING 
                   ADMINISTRATION; TRAINING AND EMPLOYMENT 
                   SERVICES.

       (a) Additional Amount.--There is appropriated for fiscal 
     year 2010, for an additional amount for ``Training and 
     Employment Services'' for activities under the Workforce 
     Investment Act of 1998 (referred to in this section as the 
     ``WIA''), $1,300,000,000. That amount is appropriated out of 
     any money in the Treasury not otherwise appropriated. The 
     amount shall be available for obligation for the period 
     beginning on the date of enactment of this Act.
       (b) Activities.--Except as otherwise provided in subsection 
     (c), of the amount made available under subsection (a), 
     $1,300,000,000 shall be available for grants to States for 
     youth activities, including summer employment for youth, 
     which funds shall remain available for obligation through 
     September 30, 2010, except that--
       (1) no portion of such funds shall be reserved to carry out 
     section 127(b)(1)(A) of the WIA;
       (2) for purposes of section 127(b)(1)(C)(iv) of the WIA, 
     funds available for youth activities shall be allotted as if 
     the total amount available for youth activities for fiscal 
     year 2010 does not exceed $1,000,000,000;
       (3) with respect to the youth activities provided with such 
     funds, section 101(13)(A) of the WIA shall be applied by 
     substituting ``age 24'' for ``age 21''; and
       (4) the work readiness aspect of the performance indicator 
     described in section 136(b)(2)(A)(ii)(I) of the WIA shall be 
     the only measure of performance used to assess the 
     effectiveness of summer employment for youth provided with 
     such funds.
       (c) Administration; Management; Oversight.--
       (1) In general.--An amount that is not more than 1 percent 
     of the funds made available to the Department of Labor under 
     subsection (a) may be used for the Federal administration, 
     management, and oversight of the programs, activities, and 
     grants, funded under subsection (a), including the evaluation 
     of the use of such funds.
       (2) Period for obligation.--Funds designated for the 
     purposes of paragraph (1), together with the funds described 
     in section 801(b) of Division A of the American Recovery and 
     Reinvestment Act of 2009, and the funds described in the 
     matter under the heading ``salaries and expenses (including 
     transfer of funds)'', in the matter under the heading 
     ``Departmental Management'' in title VIII of that division, 
     shall be available for obligation through September 30, 2012.

     SEC. __. INTELLIGENT ASSIGNMENT IN ENROLLMENT AND RE-
                   ASSIGNMENT OF CERTAIN INDIVIDUALS.

       (a) In General.--Section 1860D-1(b)(1) of the Social 
     Security Act (42 U.S.C. 1395w-101(b)(1)) is amended--
       (1) in the second sentence of subparagraph (C), by 
     inserting ``, subject to subparagraph (D),'' before ``on a 
     random basis''; and
       (2) by adding at the end the following new subparagraph:
       ``(D) Intelligent assignment.--In the case of any auto-
     enrollment under subparagraph (C) or any re-assignment, no 
     part D eligible individual described in such subparagraph 
     shall be enrolled in or re-assigned to a prescription drug 
     plan which does not meet both of the following requirements:
       ``(i) Low cost.--The total cost under this title of 
     providing prescription drug coverage under the plan is among 
     the lowest 25th percentile of prescription drug plans under 
     this part in the State.
       ``(ii) Meets beneficiary needs.--The plan reasonably meets 
     the needs of such part D eligible individuals as a group, as 
     identified by the Secretary using criteria established by the 
     Secretary.

     In the case that no plan meets the requirements under clauses 
     (i) and (ii) or that the plans which meet such requirements 
     do not have sufficient capacity for the enrollment or re-
     assignment of such part D eligible individual in or to the 
     plan, the part D eligible individual shall be enrolled in or 
     re-assigned to a prescription drug plan under the enrollment 
     process under subparagraph (C) (as in existence before the 
     date of the enactment of this subparagraph).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect for enrollments and re-assignments effected 
     on or after January 1, 2012.

     SEC. _. ELIMINATION OF ADVANCE REFUNDABILITY OF EARNED INCOME 
                   CREDIT.

       (a) In General.--Section 3507, subsection (g) of section 
     32, and paragraph (7) of section 6051(a) are repealed.
       (b) Conforming Amendments.--
       (1) Section 6012(a) is amended by striking paragraph (8) 
     and by redesignating paragraph (9) as paragraph (8).
       (2) Section 6302 is amended by striking subsection (i).
       (c) Effective Date.--The repeals and amendments made by 
     this section shall apply to taxable years beginning after 
     December 31, 2010.


                Amendment No. 3417 to Amendment No. 3336

  Mr. REID. I am now going to call up amendment No. 3417, with the 
understanding that Senator Isakson will be allowed to call up his 
amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The bill clerk read as follows:

       The Senator from Nevada [Mr. Reid], for himself, Mr. 
     Ensign, Mrs. Feinstein, Mr. Hatch, Mr. Crapo, and Mrs. Boxer, 
     proposes an amendment numbered 3417 to amendment No. 3336.

  Mr. REID. I ask unanimous consent that further reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To temporarily modify the allocation of geothermal receipts)

       At the end of title VI, add the following:

     SEC. 6. ALLOCATION OF GEOTHERMAL RECEIPTS.

       Nothwithstanding any other provision of law, for fiscal 
     year 2010 only, all funds received from sales, bonuses, 
     royalties, and rentals under the Geothermal Steam Act of 1970 
     (30 U.S.C. 1001 et seq.) shall be deposited in the Treasury, 
     of which--
       (1) 50 percent shall be used by the Secretary of the 
     Treasury to make payments to States within the boundaries of 
     which the leased land and geothermal resources are located;
       (2) 25 percent shall be used by the Secretary of the 
     Treasury to make payments to the counties within the 
     boundaries of which the leased land or geothermal resources 
     are located; and
       (3) 25 percent shall be deposited in miscellaneous 
     receipts.

  Mr. REID. Mr. President, there will be no more votes today or 
tomorrow. We are in the process of working on this bill. We do not have 
it all worked out. We think we can work it out so we can finish it with 
a couple votes Tuesday morning. We may have to invoke cloture, but we 
will make that determination. I think we will probably file cloture on 
it today or tomorrow.
  The PRESIDING OFFICER. The Senator from Montana is recognized.
  (The remarks of Mr. Baucus pertaining to the introduction of S. 3075 
are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mr. BAUCUS. I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 3427 to Amendment No. 3336

  Mr. McCAIN. Mr. President, I ask unanimous consent that the pending 
business be set aside for the purposes of offering an amendment, and 
that, of course, the vote on the amendment be decided by the majority 
leader and the Republican leader.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The legislative clerk read as follows:

       The Senator from Arizona [Mr. McCain], for himself and Mr. 
     Graham, proposes an amendment numbered 3427.

  Mr. McCAIN. I ask unanimous consent that the reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To prohibit the use of reconciliation to consider changes in 
                               Medicare)

       At the appropriate place, insert the following:

     SEC. ___. PROTECTING MEDICARE.

       Section 310(g) of the Congressional Budget Act of 1974 (2 
     U.S.C. 641(g)) is amended by inserting before the period the 
     following: ``or to the medicare program established by title 
     XVIII of such Act''.

  Mr. McCAIN. Mr. President, the President of the United States and the 
majority in both Houses have now signaled that regardless of how 
clearly the American people oppose the pending legislation concerning 
health care in America, it will be attempted to be forced down their 
throats under the parliamentary process that is intended

[[Page S1162]]

for our Nation's budgetary matters, whether they want it or not.
  This amendment that is pending would remove our important Medicare 
Program from the partisan procedural process known as budget 
reconciliation. We must protect the Medicare Program from being used as 
a piggybank to create the new health care entitlement proposed by 
Senator Reid and President Obama. In addition to increasing taxes by 
$500 billion, the health care ``reform'' bill cuts $500 billion from 
Medicare to put the government in charge of a new $2.3 trillion health 
care entitlement that we can't afford.
  My constituents in Arizona and Americans across the country know the 
partisan games that are being played here, and they are opposed to it. 
Our entitlement programs should not be the subject of reconciliation. 
In 1974, the Budget Act excluded Social Security from the 51-vote 
reconciliation process. That was intentional, by one of the major 
architects, Robert Byrd, one of the most revered Members of the Senate, 
who has also said that health care reform should not be the subject of 
reconciliation. That makes sense, because if you exclude Social 
Security because it is an entitlement program, then, obviously, 
Medicare should also be excluded. We have a crisis with our entitlement 
programs and they need to be reformed, but they shouldn't be subject to 
a 51-vote majority.
  This amendment removes the Medicare Program from the reconciliation 
process. Medicare reforms need to be made, and this amendment doesn't 
affect that, but what the amendment says is that reforms to the 
Medicare Program should be treated differently just as the Social 
Security program is. A program as important as Medicare should not be 
cut or increased through a partisan 51-vote process. Something this 
important should be held to a higher standard and include bipartisan 
support.
  Let me remind my colleagues of the view of then-Senator Obama in 2007 
when we were considering the ``nuclear option.'' He said at that time:

       You've got to break out of what I call, sort of, the 50-
     plus-one pattern of presidential politics. Maybe you eke out 
     a victory of 50-plus-one, then you can't govern. You know, 
     you get Air Force One, I mean there are a lot of nice perks, 
     but you can't deliver on health care. We're not going to pass 
     universal health care with a 50-plus-one strategy.

  On the use of reconciliation, then-Senator Obama went even further 
and said:

       You know, the Founders designed this system, as frustrating 
     [as] it is, to make sure that there's a broad consensus 
     before the country moves forward . . . And what we have now 
     is a President who--

  he was obviously referring to then-President Bush--

       . . . [h]hasn't gotten his way. And that is now prompting, 
     you know, a change in the Senate rules that really I think 
     would change the character of the Senate forever . . . And 
     what I worry about would be you essentially still have two 
     chambers--the House and the Senate--but you have simply 
     majoritarian absolute power on either side, and that's just 
     not what the founders intended.

  I have been around this body for quite a while. Back a few years ago, 
when this side was in the majority and there was a movement toward the 
``nuclear option''--in other words, 51 votes to confirm judges--I stood 
up as a member of the majority and said we should not erode the 60-vote 
majority rule that has prevailed here in the Senate for many years. At 
that time, that was not greeted on this side of the aisle, frankly, 
with approval by a lot of people. But what we did then was preserve the 
Senate tradition and process of 60 votes, and we should maintain that 
now.
  Certainly, having been in the majority and in the minority, I 
understand the frustrations of the majority. But I think history will 
show there have been numerous occasions where the requirement for a 60-
vote majority has prevented the Congress of the United States from 
acting at the will of the moment or the fancy or the issue; that when 
time passes and cooler heads prevail, the 60-vote majority prevented 
the Congress from acting in a way that would have been harmful to the 
United States of America and its citizens.
  All of my other colleagues have also commented on this issue at 
different times, depending on whether they are in the majority or the 
minority. But I wish to point out again a fundamental fact of the way 
the Congress of the United States has done business in general, and the 
way the Senate of the United States has done business. We have never 
had in our history a major reform, whether it be the Civil Rights Act 
or whether it be the passage of Medicare, whether it be welfare reform 
or any other major reform made without a majority, and a significant 
majority, that was bipartisan in nature. That doesn't mean there was 
100 percent, but there has always been, whenever major structural 
reforms have been made, a consensus that was a significant majority on 
both sides.
  So as we have time after time on this floor, we will be coming to the 
floor every day, my colleagues and I, to urge the majority and the 
President of the United States to start over and sit down and work 
together.
  Overwhelming majorities of the American people believe we should 
either stop or start over. Overwhelming majorities of the American 
people want us to reform the system. But they do not like this unsavory 
process of vote buying, and they certainly do not like the product.
  We will continue to carry the message to our constituents and to the 
American people. I believe there is still sufficient time for the will 
of the American people to prevail.
  Mr. President, the hour is late. I appreciate the patience of the 
Chair and his willingness to serve in the chair at this late hour, 7 
o'clock at night. I appreciate him being here at this time.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. LINCOLN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. LINCOLN. Mr. President, I ask unanimous consent that on my 
amendment No. 3416, Senator Voinovich be added as a cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 3401 to Amendment No. 3336

  Mrs. LINCOLN. Mr. President, I ask to set aside the pending amendment 
and call up my other amendment, No. 3401.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The assistant legislative clerk read as follows:

       The Senator from Arkansas [Mrs. Lincoln] proposes an 
     amendment numbered 3401 to amendment No. 3336.

  Mrs. LINCOLN. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

    (Purpose: To improve a provision relating to emergency disaster 
                              assistance)

       On page 75, line 4, strike ``excessive rainfall or 
     related'' and insert ``drought, excessive rainfall, or a 
     related''.
       On page 76, line 1, insert ``fruits and vegetables or'' 
     before ``crops intended''.
       On page 76, line 13, strike ``90'' and insert ``112.5''.
       Beginning on page 76, strike line 18 and all that follows 
     through ``(4)'' on page 77, line 17, and insert ``(3)''.
       On page 78, strike lines 3 through 7 and insert the 
     following: ``not more than $300,000,000, to remain available 
     until September 30, 2011, to carry out a program of grants to 
     States to assist eligible specialty crop producers for losses 
     due to a natural disaster affecting the 2009 crops, of which 
     not more than--
       (A) $150,000,000 shall be used to assist eligible specialty 
     crop producers in counties that have been declared a disaster 
     as the result of drought; and
       (B) $150,000,000 shall be used to assist eligible specialty 
     crop producers in counties that have been declared a disaster 
     as the result of excessive rainfall or a related condition.
       On page 78, lines 18 and 19, strike ``with excessive 
     rainfall and related conditions''.
       On page 78, line 21, strike ``2008'' and insert ``2009''.
       On page 79, lines 4 and 5, strike ``under this subsection'' 
     and insert ``for counties described in paragraph (1)(B)''.
       On page 80, between lines 3 and 4, insert the following:
       (5) Prohibition.--An eligible specialty crop producer that 
     receives assistance under this subsection shall be ineligible 
     to receive assistance under subsection (b).
       On page 80, line 4, strike ``(5)'' and insert ``(6)''.
       On page 87, between lines 4 and 5, insert the following:

[[Page S1163]]

       (h) Hay Quality Loss Assistance Program.--
       (1) Definition of disaster county.--In this subsection:
       (A) In general.--The term ``disaster county'' means a 
     county included in the geographic area covered by a 
     qualifying natural disaster declaration for flooding that 
     occurred during the period beginning on May 1, 2009, and 
     ending on December 31, 2009.
       (B) Exclusion.--The term ``disaster county'' does not 
     include--
       (i) a contiguous county; or
       (ii) a county that had less than a 10-percent loss in the 
     quality of the 2009 crop of hay, as determined by the 
     Secretary.
       (2) Assistance.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall use such sums as are 
     necessary to provide assistance to eligible producers of the 
     2009 crop of hay that suffered quality losses in a disaster 
     county due to flooding that occurred during the period 
     beginning on May 1, 2009, and ending on December 31, 2009.
       (3) Eligibility.--
       (A) In general.--To be eligible to receive assistance under 
     this subsection, a producer shall certify to the Secretary 
     that the average quality loss of the producer meets or 
     exceeds the approved quality adjustment for hay due to 
     flooding at harvest.
       (B) Evidence.--
       (i) In general.--In making the certification described in 
     subparagraph (A), the producer shall provide to the Secretary 
     reliable and verifiable evidence of the quality loss and the 
     production of the producer.
       (ii) Lack of evidence.--If evidence described in clause (i) 
     is not available, the Secretary shall use--

       (I) in the case of unavailable quality loss evidence, 
     documentation provided by the Cooperative Extension Service, 
     State Department of Agriculture, or other reliable sources, 
     including institutions of higher education, buyers, and 
     cooperatives, as to the extent of quality loss in the 
     disaster county; and
       (II) in the case of unavailable production evidence, the 
     county average yield, as determined by the Secretary.

       (4) Determination of payment.--
       (A) In general.--Except as provided in subparagraph (B), 
     the amount of assistance provided under this subsection to an 
     eligible producer shall equal the product obtained by 
     multiplying, as determined by the Secretary--
       (i) the quantity of hay harvested by the eligible producer;
       (ii) a quality adjustment that is equal to the difference 
     between--

       (I) the average price per ton for average quality hay; and
       (II) the average price per ton for poor quality hay due to 
     flooding; and

       (iii) 65 percent.
       (B) Limitation.--The maximum amount that an eligible 
     producer may receive under this subsection is $40,000.
       (5) Relationship to other law.--Assistance received under 
     this subsection shall be included in the calculation of farm 
     revenue for the 2009 crop year under section 531(b)(4)(A) of 
     the Federal Crop Insurance Act (7 U.S.C. 1531(b)(4)(A)) and 
     section 901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C. 
     2497(b)(4)(A)).
       (6) Adjusted gross income limitation.--A person or legal 
     entity with an average adjusted gross nonfarm income that 
     exceeds the amount described in section 1001D(b)(1)(A) of the 
     Food Security Act of 1985 (7 U.S.C. 1308-3a(b)(1)(A)) shall 
     be ineligible to receive benefits under this subsection.
       (7) Direct attribution.--In carrying out this subsection, 
     the Secretary shall apply section 1001(e) of the Food 
     Security Act of 1985 (7 U.S.C. 1308(e)).
       On page 87, line 5, strike ``(h)'' and insert ``(i)''.
       On page 89, line 15, insert ``for the purchase, 
     improvement, or operation of the poultry farm'' after 
     ``lender''.
       On page 89, strike line 24 and insert the following:
       (j) State and Local Governments.--Section 1001(f)(6)(A) of 
     the Food Security Act of 1985 (7 U.S.C. 1308(f)(6)(A)) is 
     amended by inserting ``(other than the conservation reserve 
     program established under subchapter B of chapter 1 of 
     subtitle D of title XII of this Act)'' before the period at 
     the end.
       (k) Administration.--
       On page 90, line 4, insert ``and the amendment made by this 
     section'' after ``section''.
       On page 90, line 7, insert ``and the amendment made by this 
     section'' before ``shall be''.
       On page 91, line 1, strike ``$15,000,000'' and insert 
     ``$10,000,000''.

  Mrs. LINCOLN. Mr. President, I want to let my colleagues know that we 
have worked in a bipartisan way on the underlying amendment, and we 
worked in a bipartisan way to see how we could make these modifications 
to bring $30 million of additional savings to the overall bill.
  I look forward to working to complete this bill. I think we have a 
great opportunity to create jobs and to look to the future to how we 
can put our economy back on track in this country and put people back 
to work with some of the great ideas and great opportunities that exist 
in the underlying bill.
  Mr. GRASSLEY. Mr. President, I want to resolve a dispute that arose 
on the floor earlier this morning.
  There were differing opinions on whether the Senate-passed health 
care reform bill cuts taxes or raises taxes.
  During the month-long floor debate on health care reform--ending with 
a final vote on Christmas Eve--I took to the floor on five occasions to 
address this question.
  Let me top-line it for my Senate colleagues and my friends in the 
media.
  According to the Joint Committee on Taxation, only about 7 percent of 
Americans would actually receive the government subsidy for health 
insurance under the Senate-passed health care reform bill.
  The remaining 93 percent of Americans would not be eligible for a tax 
benefit under the bill.
  How can a person receive a tax cut if they do not receive a tax 
benefit?
  Here is another powerful statistic that every policymaker needs to 
know: While only about 7 percent of Americans under $200,000 would 
actually receive the subsidy for health insurance, 25 percent of 
Americans under $200,000 would see their taxes go up.
  This is even after taking into account the government subsidy.
  This means that for every one middle class family that would receive 
the government subsidy, three middle class families would pay higher 
taxes.
  Again, this is all according to the Joint Committee on Taxation, the 
nonpartisan experts.
  Now, let's get to specifics. JCT tells us that in 2019 a little more 
than 13 million individuals, families, and single parents would receive 
the government subsidy for health insurance.
  JCT also tells us that the total number of tax filers in 2019 would 
be 176 million.
  That means that out of 176 million individuals, families, and single 
parents only 13 million of them would receive a government subsidy for 
health insurance.
  That is only about 7 percent of tax filers.
  Let me repeat that. Only about 7 percent of Americans will benefit 
from the subsidy for health insurance.
  I have a pie chart here so my friends can see.
  You can see here, out of 176 million tax returns, around 13 million 
of them get the government subsidy for health insurance.
  This means that 163 million individuals, families, and single parents 
or 93 percent of all tax returns receive no tax benefit under the Reid 
bill.
  So what does this mean?
  It means that there is a small beneficiary class under the Reid 
bill--about 7 percent of Americans.
  And a very large nonbeneficiary class--93 percent of Americans.
  Is this nonbeneficiary class affected in other ways?
  Yes. While one group of Americans in this class would be unaffected--
another group of Americans will see their taxes go up.
  And this group won't have a tax benefit to offset their new tax 
liability.
  That means that these Americans will be worse off under the Reid 
bill. What happened to their ``net tax cut''?
  What they will see instead is a net tax increase.
  JCT data backs up this claim.
  Specifically, based on JCT data, in 2019, 42 million individuals, 
families, and single parents with income under $200,000 will see their 
taxes go up.
  This is even after taking into account the subsidy for health 
insurance.
  Again, this is on a net basis.
  Now, if we were to identify (1) those Americans who are not eligible 
to receive the tax credit and (2) those whose taxes go up before they 
see some type of tax reduction from the subsidy, this number climbs to 
73 million.
  I have a chart here that illustrates this: The first bar illustrates 
what we have already established, but looks at Americans earning less 
than $200,000. Here, 13 million individuals, families, and single 
parents would receive the subsidy.
  The middle bar shows the net tax increase number of 42 million 
Americans under $200,000.
  Finally, when we identify those Americans who get no benefit under 
the bill--and those Americans who see a tax increase--we find there are 
73 million individuals, families, and single parents under $200,000 in 
this category.

[[Page S1164]]

  I want to close by referring to a final chart that illustrates the 
winners and losers under the Reid bill.
  What we see here is that there is a group of Americans who clearly 
benefit under the bill from the government subsidy for health 
insurance.
  This group, however, is relatively small--about 7 percent of 
Americans.
  There is another much larger group of Americans who are seeing their 
taxes go up. This group is not benefiting from the government subsidy.
  Also, there is another group of taxpayers who are generally 
unaffected.
  But, JCT tells us that this group may be affected by other tax 
increases like the cap on FSAs or the individual mandate penalty tax.
  The bottom-line is this. My Democratic friends (1) cannot say that 
all taxpayers receive a tax cut and (2) cannot say that the Reid bill 
does not raise taxes on middle-income Americans.
  JCT tells us differently.
  No one can dispute the data.


                            vote explanation

  Mr. ISAKSON. Mr. President, I was unavoidably detained during 
rollcall vote No. 36 on the motion, motion to waive section 403(a) of 
S. Con. Res. 13, 111th Congress, re: Sanders amendment No. 3353 as 
modified; rollcall No. 37 on the motion to table, motion to table 
Bunning amendment No. 3360; rollcall vote No. 38 on the motion to 
table, motion to table Bunning amendment No. 3361; and rollcall vote 
No. 39 on the motion, motion to waive Budget Act points of order re: 
Baucus amendment No. 3336.
  Had I been present I would have voted ``nay'' for rollcall vote No. 
36; ``nay'' for rollcall vote No. 37; ``nay'' for rollcall vote No. 38; 
and ``nay'' for rollcall vote No. 39 and ask that the Congressional 
Record reflect that.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


       Amendments Nos. 3406, 3349 and 3346, as Modified, En Bloc

  Mr. REID. I ask unanimous consent that it be in order for the Senate 
to consider en bloc the following amendments with no amendments in 
order to the amendments; that once the amendments have been reported by 
number, and modified, if applicable, the amendments be agreed to en 
bloc, and the motions to reconsider be laid upon the table, en bloc: 
amendment No. 3406, amendment No. 3349, and that the amendment No. 3346 
be modified with the changes at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments were agreed to, as follows:


                           amendment no. 3406

                  (Purpose: To make technical changes)

       On page 91, line 13, strike ``$354,000,000'' and insert 
     ``$560,000,000''.
       On page 92, line 19, strike ``February'' and insert 
     ``March''.
       On page 92, after line 20, add the following:
       (3) Effective date for loan guarantees.--The amendment made 
     by paragraph (2) shall take effect on February 27, 2010.


                           amendment no. 3349

        (Purpose: To clarify the effective date of section 244)

       On page 73, line 21, after the second period insert the 
     following: ``The amendment made by this section shall be 
     considered to have taken effect on February 28, 2010.''.


                    amendment no. 3346, as modified

                     (Purpose: To improve title V)

       On page 161, line 13, strike ``SEC. 501.'' and insert 
     ``SEC. 500.''.
       On page 166, line 24, strike ``March 1, 2010'' and insert 
     ``May 1, 2010''.
       On page 169, line 3, strike ``February 28, 2010'' and 
     insert ``March 28, 2010''.
       On page 169, line 18, strike ``May 3, 2010'' and insert 
     ``July 1, 2010''.
       On page 184, line 2, strike ``February 28, 2010'' and 
     insert ``March 28, 2010''.
       On page 233, line 5, strike ``February 28, 2010'' and 
     insert ``March 28, 2010''.
       On page 234, lines 1 and 2, strike ``February 28, 2010'' 
     and insert ``March 28, 2010''.
       On page 234, lines 3 and 4, strike ``March 1, 2010'' and 
     insert ``March 29, 2010''.
       On page 234, line 23, strike ``180 days'' and insert ``210 
     days''.
       On page 244, lines 16 and 17, strike ``180 days'' and 
     insert ``210 days''.
       On page 245, line 19, strike ``180 days'' and insert ``210 
     days''.
       On page 267, strike lines 5 through 16, and insert the 
     following:

     SEC. 537. EFFECTIVE DATE; NONINFRINGEMENT OF COPYRIGHT.

       (a) Effective Date.--Unless specifically provided 
     otherwise, this title, and the amendments made by this title, 
     shall take effect on February 27, 2010, and with the 
     exception of the reference in subsection (b), all references 
     to the date of enactment of this Act shall be deemed to refer 
     to February 27, 2010, unless otherwise specified.
       (b) Noninfringement of Copyright.--The secondary 
     transmission of a performance or display of a work embodied 
     in a primary transmission is not an infringement of copyright 
     if it was made by a satellite carrier on or after February 
     27, 2010, and prior to enactment of this Act, and was in 
     compliance with the law as in existence on February 27, 2010.

                          ____________________