Congressional Record, Volume 159 Issue 136 (Friday, October 4, 2013)

[Congressional Record Volume 159, Number 136 (Friday, October 4, 2013)]
[Senate]
[Pages S7207-S7210]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONTINUING APPROPRIATIONS

Mr. GRASSLEY. Madam President, as my colleagues have done on several
occasions, I come to the floor also to speak on the shutdown and the
pending effort to find a compromise we can finally get to the President
of the United States. Today, specifically, I come to the floor to take
issue with a remark made by the President on Tuesday this week
regarding the health care reform bill that he also sometimes calls
ObamaCare. He said:

The Affordable Care Act is a law that passed the House,
that passed the Senate, the Supreme Court ruled
constitutional. It was a central issue in last year's
election. It is settled, and it is here to stay.

While I understand the President's position on the law that now is
referred to by his name, he also misses the point. On Monday night, the
Senate had the opportunity to keep the government running. The Senate
had a bill that funded the government and did so without delaying or
defunding ObamaCare. As we all know, the Senate voted down that bill.
So let me repeat: The government could have been kept open without
delaying or defunding ObamaCare. Anyone who says anything different is
simply not being accurate.
What did the bill Monday night seek to do? The bill sought to delay
the implementation of the individual mandate for 1 year and require
executive branch appointees to go to the exchanges. Those are changes
to ObamaCare.
Apparently, the President doesn't believe we are allowed to make any
changes whatsoever to ObamaCare. I would respect that position if the
President actually enforced it over the last several years, as he had
bills presented to him that he signed and that actually made some
changes in the health care reform law. In fact, Congress has made
numerous changes to ObamaCare since it was signed into law. I have a
list here, but it is a list I will read in its entirety so people know
the President has accepted changes to his prime piece of legislation
and so I can refute that the President isn't consistent when I go back
now to his quotation when he says:

By that, I think the President is signifying that we can't do
anything to touch the issue whatsoever, even to the minimal extent that
we tried to Monday night.
So this list was conveniently assembled not by this Senator but by
the Congressional Research Service, and it was done on behalf of
Senator Coburn.

[[Page S7208]]

In the 111th Congress, to start with the first change we made that
the President accepted, H.R. 4887 clarified that health care provided
under TRICARE, TRICARE for Life, and the Nonappropriated Fund Health
Benefits Program constitutes ``minimal essential health care
coverage.''
Then we had H.R. 5014, clarifying that the health care provided by
the Department of Veterans Affairs constitutes, according to the health
care reform bill, ``minimal essential health care coverage.''
H.R. 1586 modified the definition of average manufacturer price to
include inhalation, infusion, implanted or injectable drugs that are
not generally dispensed through a retail community pharmacy.
H.R. 4994 offset the costs of the Medicare and Medicaid Program
extensions and the postponement of cuts in Medicare physician payments
with a change in the Affordable Care Act, but the President signed it.
H.R. 4853 extended the nonrefundable adoption tax credit through tax
year 2012.
H.R. 6523 extended TRICARE coverage to dependent adult children up to
age 26, to conform with the private health insurance requirements under
the Affordable Care Act. The President signed that.
In the 112th Congress, H.R. 4 repealed the requirement that
businesses file an information report whenever they pay a vendor more
than $600 for goods in a single year.
H.R. 674 modified the calculation of modified adjusted gross income
to include Social Security benefits.
H.R. 3630 reduced the Prevention and Public Health Fund annual
appropriations over the period from fiscal year 2013 to fiscal year
2021 by a total of $6.25 billion to help offset the cost of extending
the payroll tax cut. That is a monumental change in the bill. The
President signed that.
H.R. 4348 modified the Medicaid disaster-recovery FMAP adjustment by
changing the adjustment factor and the effective date.
H.R. 8 transferred 10 percent of the remaining unobligated Consumer
Operated and Oriented Plan--and we call that the CO-OP--program funds
to a new CO-OP contingency fund and rescinded the other 90 percent of
those funds and repealed the CLASS Act.
H.R. 1473 was another bill that the President signed. It canceled
$2.2 billion of the $6 billion appropriation for the CO-OP program.
H.R. 2055 rescinded $400 million of the remaining $3.8 billion for
the CO-OP program, rescinded $10 million of the $15 million fiscal year
2012 appropriations for the Independent Payment Advisory Board,
instructed the Secretary of Health and Human Services to establish a
Web site with detailed information on the allocation of moneys in the
Prevention and Public Health Fund, and prohibited use of those funds
for lobbying, publicity or propaganda purposes. That bill was signed by
the President.
H.R. 933 rescinded $200 million of the $500 million transfer from the
Medicare Part A and Part B trust funds for the 5-year Community-Based
Care Transition Program and rescinded $10 million of the Independent
Payment Advisory Board's fiscal year 2013 appropriation.
These are changes made by Congress to the law the President refers to
as settled law. When he talks about settled law, he talks to us that
the Affordable Care Act cannot be changed now as we are debating things
with a continuing resolution. Obviously, the act is not so settled that
Congress cannot and has not amended it in the last several years.
But as we all know, the President, through his own actions, has, in
addition, considered ObamaCare not to be settled law either. The
President has, through administrative action himself, made numerous
changes to ObamaCare.
In February, the President delayed application of the out-of-pocket
limits. In March, the President delayed implementation of the Basic
Health Plan Option. Also, in March, the President delayed a requirement
that small business exchanges offer a choice of plans. In July, the
President delayed the exchange applicant eligibility and verification.
In July, in perhaps the most famous example, the President delayed
implementation of the employer mandate. In regard to that, there were
even Members of the President's party in the Senate--that said the
President did not have the legal authority to do that.
So on Monday night, House Republicans sent the Senate a bill that did
not defund or delay ObamaCare. It continued funding our government. It
simply sought to amend ObamaCare in the same way--dozens of times--as I
have just illustrated it has been amended. There was not even any
debate of the proposals on their merits. It was simply handled in the
most simple way you can here, tabled by the Democratic leadership. Now
we hear about the farcical issue of settled law.
The PRESIDING OFFICER. The Senator's time is expired.
Mr. GRASSLEY. Madam President, could I have 2 more minutes, please.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. GRASSLEY. I do not know where this settled law legal theory comes
from. I would note that some of my colleagues have ignored this theory
during previous health care debates.
In 2003, Congress passed a law, a bipartisan law, called the Medicare
Modernization Act. This law passed with Members of both parties
supporting it. It was signed into law by the President. It survived any
court challenges that were made against it. It was, by the same token,
settled law. That did not stop my colleagues from proposing legislation
to amend Part D, called the Medicare Modernization Act. In fact,
Democrats, including Members still currently in the Senate, proposed
and voted to alter the Medicare Modernization Act by striking the
noninterference clause. We considered that proposal and debated it on
its merits, as we should have the amendments to the Affordable Care Act
recently offered. We did not dismiss it as offensive because it sought
to amend a settled law.
The government could be open and fully operating today but for the
Democrats' unwillingness to engage in legitimate debate over the
proposals to amend ObamaCare, not defund it or delay it.
We are where we are because the majority refuses to give the American
people relief from the individual mandate and treat President Obama and
his political appointees the same as all other Americans are by going
to the exchange.
In the wash of words that we will hear on the floor, I hope this
simple truth can be heard.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. UDALL of New Mexico. Madam President, recently there was a
disturbing poll in the Washington Post. It said that most Americans
fear that the American dream is passing them by. Almost 65 percent
worry that they cannot make ends meet with their current incomes. That
is up from 48 percent in 1971.
We are not talking about luxuries--just basic living expenses: food
and clothing for their kids, a roof over their family's head, just
getting by day-to-day. So many of our fellow citizens are working
harder than ever and still feel as though they are falling behind. They
wonder: Where is the country headed?
This week, they are wondering more than ever, watching the spectacle
here in Washington, watching the government shut down, grinding to a
halt. I am hearing from my constituents, from people in New Mexico, and
they are frustrated and worried. They are concerned about the U.S.
Department of Agriculture crop payments, as we head into the harvest,
when they need financing the most. They are concerned about being able
to close on mortgages with Federal backing, with their loans on hold.
Many New Mexicans are going to be furloughed without pay. This hurts
their families and all the businesses that rely on them in our
economy--restaurants, retailers, car washes, landscapers, any type of
business one can imagine.
This shutdown did not have to happen. We are not debating the amount
of the budget. The fact is, House Republicans are demanding concessions
just for keeping the lights on at the Federal Government.
I think most Americans have two questions. How did we get into this
mess and how do we get out of it?
We are coming out of the worst recession since the Great Depression,
but recovery is underway. We have seen 42

[[Page S7209]]

months of private sector job growth. That is 7.5 million jobs. That is
hope for millions of families. We have had nine consecutive quarters of
economic growth--the longest stretch since the recession hit in 2008.
So we are slowly making our way back--not fast enough, with too many
folks still struggling, and with great challenges for the future.
This is a time for leadership, for working together. Americans expect
their leaders to act as grownups. But they feel they are watching a
schoolyard spat. Is it any wonder they hold Congress in such contempt
or that they worry about the kind of country they will leave their
children?
Here is what we should be doing. We should have a farm bill by now.
We should have comprehensive immigration reform, and we should have a
serious budget--one that would get rid of sequestration's meat-cleaver
cuts with targeted spending reductions, tackling the deficit, reforming
the Tax Code, helping the middle class and small businesses, helping
families and seniors who are struggling, moving ahead with smart
investments in infrastructure, creating jobs, investing in our future.
The Senate passed that budget 6 months ago. But the House went in a
completely different direction. Their budget put tax cuts for the
richest Americans above funding for education and ensuring the safety
of our roads and bridges.
Democrats and Republicans have differences. That is no surprise. But
we still have a job to do. We still need to sit down and work it out.
But a minority in the House has blocked our way forward--not once, not
twice but time and time again.
American families and businesses need a long-term budget. Businesses
do not hire on a monthly basis. They need certainty and the confidence
that their government is working to create an environment for growth.
We are giving them neither; instead, we lurch from crisis to crisis.
The worst thing about it is it does not have to be this way. This is
a manufactured crisis, a series of self-inflicted wounds to our
economy. The American people do not want this. They want a strong
economy. They want jobs and a government that can actually get
something done for the middle class, not just for Wall Street
billionaires. The American people want a government that works, not a
government shutdown.
There is no logic behind this crisis. Why are we here? Because the
other side wants to kill the Affordable Care Act. I respect the
diversity of views in America and in Congress. But the Affordable Care
Act passed Congress like every other bill. It passed the House, it
passed the Senate, and the President signed it. If Republicans want to
repeal this law, they should make their case to the American people and
work to pass their own health care law. What is happening is
unprecedented, disruptive, and undemocratic behavior.
We heard a lot of indignation--hour after hour of it. But here is the
thing: It does not stop the Affordable Care Act. This whole stunt has
been a colossal waste of time, and wasting time is something we cannot
afford. The real problems facing our Nation are still waiting.
Everyone outside of a radical group of obstructionists knows this is
silly, knows this is misguided and dangerous to our economy.
The U.S. Chamber of Commerce, the Business Roundtable, business
leaders from coast to coast--there is a loud chorus of: Stop. This is
enough. But, so far, it is not loud enough.
The Affordable Care Act is not perfect. I am not going to come here
to the floor and say the Affordable Care Act is perfect. What law is?
But it is the law of the land. It is being implemented. Shutting down
the government does not change that. Here is what a shutdown does do:
27,000 Federal employees in my State could be furloughed and lose their
income. Nearly half of the civilian workers for the Department of
Defense will be sent home. In New Mexico, that is over 6,500 people who
help defend this country, and they may not be paid.
Social Security applications could be jeopardized. Calls to SSA for
help could go unanswered. Federal loans would be delayed for tens of
thousands of folks trying to buy a home or applying for a small
business loan. Those doors may be locked. National parks will close. So
will museums and monuments.
This hurts the tourist economy in my State and hurts small
businesses. During the last shutdown, 7 million tourists were turned
away. Our veterans, who already face too many delays in their claims
for benefits, could face even more. During the last shutdown, more than
400,000 veterans saw their disability and pension claims delayed.
Students will also be hurt. Work-study and Perkins loan payments
would stop. Pregnant women and mothers who need nutrition assistance
for their children may not get it. All of this is because the other
side wants to send a message on ObamaCare? Well, it has a very high
price, costing our Nation billions of dollars every day and hurting
Federal agencies, including our critical national labs such as Los
Alamos and Sandia, in their important national security mission.
Wall Street is on edge. Main Street is on edge. Families are worried.
Communities suffer. There is another cost. The paralysis of government
sends a terrible message, a terrible message of failure and
dysfunction.
What is next? The debt ceiling. Holding the credit of the United
States of America hostage for political gain. Instead of serious
debate, we have ultimatums. Instead of regular order, we have midnight
shutdowns. Instead of compromise, we have all or nothing, take it or
leave it.
My friend from New Mexico, MSG Jessey Baca, summed it up well in an
interview with KOB-TV back home. He said:

I'm not angry. I'm frustrated because of the way we've
always been taught to work together to get things done, you
work together--and that just doesn't seem to be happening.
Settle your differences.

Jessey is right. We need to start working together. We have not done
that. So here we are on the wrong train, on the wrong track going
nowhere. It is hurting families, hurting communities, could derail our
economy with the recovery still under way.
The hard-working families of this country want a government that
works, not one that shuts down just to send a message. Meanwhile, those
families wait--wait for us to meet the real challenges that face our
Nation and that make a real difference in their lives and the lives of
their children.
Before I finish, I want to discuss the subcommittee I chair on
Appropriations, the Financial Services and General Government
Subcommittee. We work with agencies that are critical to keeping the
economy running smoothly. I have to speak up and make sure that those
who are causing this shutdown know exactly how badly the country needs
the government to reopen. This shutdown is jeopardizing consumer
safety. It is adding to the uncertainty facing our financial markets.
It is doing real damage on our economy.
Our subcommittee funds the Small Business Administration. Small
business owners are really going to take a hit in this shutdown. The
SBA, Small Business Administration, is closed. I do not know about my
colleagues, but the top concern I hear from small business owners in
New Mexico is how hard it is to get a loan to expand. The SBA approves
an average of $86 million in loans to small businesses each day. But
while the government is shut down, our Nation's job creators are not
getting those resources. If the shutdown continues, 28 million small
businesses will no longer be able to get capital from the SBA to
expand.
There are other impacts too. Each day the government is closed our
economy grinds down a little further. The shutdown is affecting the
services that keep our capital markets safe. The CFTC, the Commodity
Futures Trading Commission, will have just 4 percent of its normal
staff during the shutdown. That means markets will be without effective
oversight.
We are about to hit the debt ceiling, our Nation's borrowing limit.
It is a potentially dangerous financial situation. The shutdown has put
our watchdog at the CFTC and the SEC to sleep. Global markets are open,
Wall Street is open, but investor protection agencies are closed. It is
an open invitation to financial abuse.
The shutdown is also putting the safety of our children at risk.
Christmas may seem far away, but companies are already working to get
ready for the holiday season. They are shipping

[[Page S7210]]

goods in from overseas, including millions of toys. During this
shutdown, only 22 employees at the Consumer Product Safety Commission
will be available nationwide. That is 22 people to inspect millions of
imported toys and gifts, gifts that American families will be putting
under the Christmas tree. These agencies were created by Congress to
protect American investors and consumers, to help small businesses. It
is a travesty that tea party Republicans in the House have been allowed
to hold the country hostage. That is unconscionable. Real people are
being hurt, the people who are going without pay, without veterans'
benefits or survivor benefits, without important financial and consumer
protections.
You know the one that is the most devastating to me? People who are
going without food. Here we are talking about millions of women and
children in this country in poverty.
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.
Mr. REID. I ask unanimous consent that the order for the quorum call
be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Madam President, it has been 7 days since we passed a piece
of legislation to fund the government. I wonder how many days it will
be that the Speaker makes the American people wait to open the
government. How long is he going to make them wait before the
government is open? It is a real hardship not only to the hundreds of
thousands of Federal employees but the people who depend on the Federal
employees for their own jobs. So it is very unfortunate.

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