[Congressional Record Volume 159, Number 138 (Monday, October 7, 2013)]
[Senate]
[Pages S7267-S7270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       CONTINUING APPROPRIATIONS

  Mrs. BOXER. Mr. President, I think we are all in a state of shock 
that we are entering the fourth day of a government shutdown with no 
movement in sight.
  I wanted to go home to California to see how the Affordable Care Act 
is going in California since that is the reason the Republicans have 
shut down the government. I want to report that people there cannot 
understand why on Earth the Republicans want to stop the Affordable 
Care Act. They can't believe that just as Californians are on the brink 
of getting millions of our citizens insured and small businesses are 
getting affordable health insurance under the Affordable Care Act, 
Republicans not only have shut down the government, but they are 
threatening default. And they understand that default would lead to 
economic chaos. It has never happened before in American history. I 
tried to explain to my constituents exactly what has been going on 
here, and I did it in the best way I could, and I think I was fair.
  The first thing: In order to keep the government open for 6 weeks, 
they wanted to repeal the Affordable Care Act. They tried 43 times. 
That never worked, so then they said they would defund it, which 
everybody understands that if you don't fund it, it is the same thing. 
But we told them they couldn't defund most of it because most of it is 
not appropriated funds. They didn't care. They put that forward. That 
went nowhere.
  Then they said: We won't repeal it or defund it. We will delay the 
Affordable Care Act.
  We all said: If you think we are going to delay further the chance 
for millions of Americans to get affordable insurance, we are not going 
to do it. This bill passed 3\1/2\ years ago and was upheld by the 
Supreme Court. It is not going to happen.
  Then they said: We will just take part of it and stop part of it. We 
won't allow women to get preventive services.
  That went over like a lead balloon, their war on women again. They 
were saying women won't be able to get tested for cervical cancer, for 
STDs, for pregnancy-related diabetes. They were just going to shut that 
part of the Affordable Care Act down. Women here in

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the Senate held a press conference, and they dropped that.
  Then they said: OK, we are going to repeal one of the revenue streams 
that is going to cost $30 billion, but we have no way to replace it.
  So then they actually sent us a provision that would have added $30 
billion to the deficit--from the Republican Party. They say they are so 
fiscally conservative, and they actually sent us a provision that would 
cost $30 billion with no way to pay for it. So that didn't go down to 
well.
  This one is really beautiful. They say our staff and the staff of 
anyone working in the White House--all these people who believe so much 
in giving back to their great country will no longer get the employer 
contribution that all Americans get who work for large employers. That 
is their great ``thank you'' to their staff. That is their great show 
of appreciation--besides shutting down the government where their staff 
is working without pay.
  So I explained this to my constituents who are trying to sign up for 
health care.
  I went to a really good community health care center where people are 
lining up and getting information and they will be signing up for 
health care.
  They said: Well, why would they do this?
  I said: Well, there is more bad news. We thought they would extend 
the debt ceiling, which is the way you pay for the debts you have 
already incurred. It is already on the credit card. We need to pay for 
that, and now they are threatening not to pay the bills of the United 
States of America. They are threatening to take this country into 
default.
  Now they are saying: Well, maybe we won't do it if we can cut 
Medicare and Medicaid.
  So now they have put the Affordable Care Act on the line, they have 
put Medicare on the line, Medicaid on the line, Social Security is out 
there, and they may cause a default if we don't deal with these 
programs that are so critical to our people.
  I have been around here a long time, and I know we have differences. 
But the President is right when he says we the Congress have two things 
we have to do. One of them is that we have to keep the doors open 
because we have passed laws and they need to be carried out. Keep the 
government open. And the second thing we have to do is pay our bills 
that we incurred. Raise the debt ceiling. So far, the Republicans 
refuse.
  We sent a clean continuing resolution over there without all this 
cutting health care, Medicare, and Social Security that they are 
interested in. We said: Let's just keep the government open and going 
for 6 weeks, raise the debt ceiling, and then of course we will talk 
about all of this. That is what we do. We negotiate. We talk. And the 
President is more than willing. He offered the Republicans a $4 
trillion deficit-reduction deal. They walked away. He is willing to 
talk about everything and anything. But you have to keep the government 
going and you have to pay your bills. That is the fundamental work we 
have to do. The irony, of course, is we get our checks. But our staff, 
they do not get their checks. The workers who come back because they 
are deemed essential, they are working without getting their pay.

  This is an outrage. Speaker Boehner, all you have to do is put the 
continuing resolution on the floor for an up-or-down vote. Every 
Democrat will vote for it and, at last count, the newspapers say at 
least 21 Republicans. Open up the government. We are knocking on the 
door. Open it up. Guess what you will find behind the door? People who 
want to work, people who need a paycheck.
  I have to tell you, they passed a bill that says they are going to 
pay Federal workers after the shutdown, and that is good. They should 
have done that. But right now we hear Republicans over here who say 
they don't really think that is a great idea. I have a better idea than 
even that: Open up the government and pay people for doing the jobs 
they were hired to do.
  I have a ranking member who has asked for a big hearing on climate 
change, and he wants all the administration officials to show up. We 
were planning on that. But most of them have absolutely no staff, and 
they are responding to emergencies. If there is a chemical explosion, 
the chemical safety board has to respond. If there is a horrible coal 
ash spill, the EPA will have to respond. If there is a disastrous 
cancer hot spot, the EPA will have to respond. Open up the government. 
Don't just say to people you will get paid so you don't have to bother 
coming to work. Open up the government. Let people work for the pay 
they are supposed to get. This is an outrage.
  I have to say when they passed over there ``pay the workers,'' we 
know why they did it. It was political. Because the heat in Virginia is 
so hot in this gubernatorial race, even the far right Republicans over 
there said to open up the government and fight about health care later.
  I have to say when I went home and I saw people waiting to sign up 
for coveredCA.com, I learned that on the first day coveredCA.com had 5 
million hits and 500,000 distinct users. Some 17,000 people called 
Covered California service centers and over 6,000 Californians began to 
sign up on the first day. On the second day they had 200,000 distinct 
users.
  They are training thousands of enrollment counselors there. Many of 
them are already insurance agents. Many of them are going to work for 
big providers like Kaiser Permanente. Many of them are going to be in 
the community health care centers. Why do the Republicans want to shut 
down the government and threaten the default of this Nation when we are 
on the brink of getting millions of people the health insurance they 
need and deserve? The small business community is going to have an 
opportunity to get better rates and better tax breaks.
  I want to talk a little bit about this threat of default because the 
threat of default is real. Let's start off and go through a couple of 
charts. First of all, we have a new thing going on. The junior Senator 
from Oklahoma today said: Oh, you don't default if you don't pay people 
what they are owed, only if you default on interest payments.
  All of a sudden there is a new definition. But if you don't pay 
Social Security, he doesn't consider it a default. If you don't pay for 
Medicare, he doesn't consider it a default. If you don't pay 
contractors, he doesn't consider it a default.
  Why don't we go to Black's Law Dictionary:

       Default: The failure to make a payment when due.

  Let's be clear, there is not one bill that is coming due that 
Congress did not pass. Let's be clear. Congress makes the decisions on 
spending. We default when we fail to make a payment when due. They are 
playing, as Jack Lew, the Treasury Secretary, said, with fire--playing 
with fire.
  Let's see what has been said about default. Default means you fail to 
raise the debt ceiling in order to accommodate the bills you have 
already incurred. Ronald Reagan, the hero of the Republican Party:

       The full consequences of a default--or even the serious 
     prospect of a default--by the United States are impossible to 
     predict and awesome to contemplate. Denigration of the full 
     faith and credit of the United States would have substantial 
     effects on the domestic financial markets and the value of 
     the dollar.

  Ronald Reagan said that in 1983. Why don't the Republicans listen to 
their hero? He said even the thought of a default was dangerous for 
this Nation. The last time they played these games it cost billions of 
dollars because we were downgraded. Let's look at Douglas Holtz-Eakin, 
CBO Director under George W. Bush, talking about default:

       It's a bad idea, little defaults, big defaults; defaults, a 
     bad idea, period, and there should be no one who believes 
     otherwise.

  If they don't listen to Ronald Reagan, why don't they listen to the 
CBO Director under George W. Bush? I tell you, these guys are in the 
fringes. They are in the fringe lane. They are in the far right, and 
they are going to go off the road, and if it were just them, it would 
be one thing, but they are taking America with them. We have to stand 
up and be counted around here and not let this go without comment.
  Mark Zandi, he was John McCain's economic adviser. Here is what said:

       The dark scenario is so dark I can't imagine it.

  He is talking about a default. Speaker Boehner is standing there 
saying: Well, despite the fact that you read that I didn't want a 
default, I can't

[[Page S7269]]

contemplate approving this without figuring out how to cut entitlement 
programs like Medicare and Social Security.
  I have to tell you, they are playing with fire. I think they have lit 
the match. Anyone who knows anything about economics--I happened to 
have majored in it in college, and I was a stockbroker for a period of 
time and know that uncertainty is the worst thing. The last time the 
Republicans tried this--and eventually they decided to back up and back 
off--it cost us, as I was saying, almost $19 billion over 10 years in 
taxpayer costs. America's credit rating was downgraded. Standard & Poor 
downgraded the U.S. credit rating for the first time in American 
history and the stock market sank. It dropped 2,000 points in July and 
August of 2011.
  That is a wonderful policy, Republicans. Just keep it up. Who do you 
think you are helping? People who have 401(k)s? Everyone in America who 
is counting on the certainty of a government opening up every day in 
the greatest nation of the world? What are they accomplishing? The 
President had to cancel a trip to Asia that was so anticipated, giving 
China the upper hand there. You have to be kidding. Who are you 
helping?
  Here is the deal. We have a health care program now called the 
Affordable Care Act. I will tell you the story of Leslie Foster, a 28-
year-old freelance filmmaker in Hollywood. He told the Wall Street 
Journal--Leslie Foster--that he found a plan on Covered California that 
will cost him only $62 a month. Because Leslie earns $20,000 a year, 
federal assistance will pick up nearly three-quarters of the cost of 
his premium. Leslie says he hasn't had comprehensive health insurance 
since 2006.
  I went home to be with the real people, to see the good that we can 
do. Is the Affordable Care Act perfect? No. Can we fix it? Yes. Let's 
talk about it. But don't try to scuttle a law that is so important for 
the people of my State and for this country--48 million people who are 
uninsured in America today. They have a shot at getting insurance for 
the first time. Don't take it away. Don't threaten default, and don't 
shut down this government--which you already did. Open it up.
  The more I think about it, they pass a law to pay Federal employees 
who are sitting home. Tell me how that makes sense. They want to come 
to work and do their jobs. They are not happy sitting at home, whether 
they get a check or they don't. Open up the government. If you don't 
like certain functions, fight it out during the regular order. Patty 
Murray, the chair of our Budget Committee, she has asked--I think it is 
now 18 times, I could be wrong and I'll correct the record if I am 
wrong--she has asked them to go to conference and strike a deal. Let's 
sit down and talk.
  Senator Cruz objected every time, and when he was not here Senator 
Lee objected. The far right wing does not want to solve this problem 
because they like the chaos. I don't know why. They ought to say it to 
Andrew Stryker. He is 34 years old. He lives in Los Angeles. He does 
freelance work. He pays a monthly premium of around $600 to stay on the 
plan from the job he left 4 years ago. He has high blood pressure and 
says he has been denied coverage in the past due to a preexisting 
condition. Last Tuesday Andrew told the Washington Post he picked out a 
silver plan on the Covered California exchange. It took him a while to 
sign up for coverage due to traffic and high demand on day 1. He said, 
`` . . . it will save me over $6,000. For that I would have waited all 
day.''
  I think the Republicans should call up Mr. Stryker and say: Too bad. 
Too bad. You don't mind if we delay this another few years, do you?
  And he would say: I sure would. I have a chance.
  Last week San Franciscan Paul Cello told KQED that he selected a plan 
on the California exchange that will save him more than $300 a month 
compared to what he pays now in the high risk pool. ``It's like a whole 
'nother world,'' he said. ``The coverage is better, no preexisting 
condition exclusions, I will get mental health coverage, so there's way 
more coverage than I had and I am going to be saving.''
  Why doesn't John Boehner, who is known to shed tears, call up Paul 
Cello and say: Gee, Mr. Cello, we are really sorry. We want to delay 
your insurance for a year or 2 or forever. Where is the emotion Speaker 
Boehner has shown in many other cases. Where is the emotion for workers 
here who cannot get a paycheck, who are just praying to God the 
Republicans will vote on that clean CR and open up this government?
  We know we have disagreements. That is fine. We are proud of the 
values that we bring. But it is not right to shut down the government 
and cause so much pain. It is not right to threaten default and havoc 
in the markets, and havoc all across the nation. It is not right. They 
are trying to shut down the government, and they might default because 
they don't like Medicare, ObamaCare, Social Security, and Medicaid, and 
they are stamping their feet and they are throwing a tantrum. Why are 
they inflicting so much suffering on our workers and on our families, 
but none on themselves?
  Note to the Republicans: You are protecting your pay. Give it up 
during the shutdown.
  Here in the Capitol last week we had a very frightening incident. It 
happened right outside my office. We are so thankful to the Capitol 
Police for rushing to save the day. A vehicle was being used as a 
weapon. They ran right to the trouble. A couple of them wound up in the 
hospital. They are not getting paid. What do you think that does to the 
ego of people, to their feeling of self-worth? And these Republicans 
can get all the protection they want, and so do we. This is the way we 
value people: Shut down the government and don't give them their pay? 
And by the way, they tried to take away their employer contribution to 
their health care which is equivalent to a huge pay cut. Talk about 
values, Speaker Boehner, why don't you get a little bit of a dose of 
Tip O'Neill? Tip O'Neill knew the magic of 218. He didn't care whether 
it was Republicans or Democrats who voted. He got things done. They 
have done nothing. Just because they control one-half of one-third of 
the government doesn't mean they get to decide everything. It doesn't 
work that way. We have to work together.

  They don't get to pick and choose what laws to enforce. If they don't 
like them, then repeal them. Try to repeal the Clean Air Act. Bring it 
on. Try to repeal the Safe Drinking Water Act, the Super Fund Act, the 
Dodd-Frank Wall Street Reform law, and the Consumer Protection Agency. 
Be honest. They don't even like Social Security, they don't like 
Medicare, and they don't like Medicaid. If they want to battle that 
out, bring it on. We will battle it out. But don't hold this whole 
country hostage and don't hurt millions of workers.
  They did pass these little mini bills. We stand on the floor and talk 
about the horror stories. Oh, they passed a mini bill. I guess 
eventually they will send enough bills over here to open the whole 
government. Why don't they just open the government?
  We cry for those people who can't get into NIH trials. They have a 
mini bill, but they didn't open the CDC and people are not working to 
catch the next epidemic. They didn't do anything to restart food 
inspections, and Lord knows we lose thousands of people a year from 
eating poisoned food. They will not open the EPA, and we have kids in 
Los Angeles, as we speak, who are very sick and ill with bloody noses.
  There is a picture in the paper I can show everyone. The red over 
here is the result of bloody noses from little children who are living 
near an oil and gas operation. The day I read about it, I called up the 
EPA. They said they would be on it in 5 minutes, and then the 
government shut down. They don't care over there. Even though 75 
percent of the people strongly support the EPA, they want to get rid of 
it. Bring it on but don't hold this country hostage.
  There are 110 FAA safety inspectors in southern California who were 
furloughed, 830 Bureau of Land Management employees were sent home, and 
small businesses are not getting paid. We don't even know what our 
unemployment rate is in the greatest country in the world because the 
Labor Department had to send home the people who calculate that number.
  In Santa Monica a plane crashed on Sunday evening and four people 
were killed. The NTSB cannot investigate--that is the National 
Transportation Safety Board--because the investigators are off the job. 
They took what

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they learned, put it in a vault, and when the government reopens, they 
will take it out. In the meantime, who knows why it happened. Maybe it 
is a defect in the plane that we could fix for all planes. Maybe it is 
something on the runway. We don't know. Maybe it was pilot error. All 
of this needs to be discussed and looked at.
  What they are doing is disgraceful, and it is unprecedented. I have 
looked back, and there have been shutdowns, but most lasted 1 or 2 or 3 
days, but none of them were about repealing a law, let alone a 
signature law of a President--Democratic or Republican.
  The Republicans have to wake up and smell reality. They had an 
election and a lot of it was about the Affordable Care Act. They lost. 
Amazingly, the Affordable Care Act--they dubbed it ObamaCare--is based 
on a Republican idea of individual responsibility. We actually got the 
idea from Republicans and from a Republican Governor named Mitt Romney. 
They ran away from it because they don't care for this President. Get 
over it. You lost. There are people in this Senate who ran on saying 
they would make the Affordable Care Act better, but they weren't going 
to repeal it.
  The Commodity Futures Trading Commission furloughed 600 employees. 
The government can't regulate the markets for contracts in oil, corn, 
and metals. Commissioner Bart Chilton said:

       Taking our cops off the beat for even a few days could have 
     disastrous impacts on these markets that consumers depend 
     upon.

  We talked about the CDC. They furloughed 9,000 workers who respond to 
outbreaks such as salmonella. This is happening at a time when an 
outbreak of hepatitis A has affected 79 people in California.
  We are dealing with a self-inflicted wound upon this Nation, a 
government shutdown that is unnecessary. We cannot allow this to 
continue. So I say to Speaker Boehner, who is the architect of this 
shutdown, stop playing games with the lives of Americans--our workers, 
our families, and our children. Do your job. Open the government. Let 
the House vote. It is pretty simple.
  We have sent a bill over there which funds the government. We have 
made a commitment to them that after they pass that and the debt 
ceiling, every single thing is on the table.
  I was thinking the other day that if you are a teacher and you get 
hired in a school and the school opens for work at 9 a.m. every 
morning, you have to be in the classroom at 9 a.m. in the morning in 
order to keep your job. If you weren't in your classroom at 9 a.m. in 
the morning and decided that you wanted to do something different such 
as come in at 11 a.m., you would be fired.
  Our job is to keep the government running and pay the bills we have 
incurred. We don't get to pick and choose or decide that all of a 
sudden in the middle of everything we are going to cancel out a law 
that passed 3\1/2\ years ago.
  This is so bad that the Republican candidate for Governor in Virginia 
has said: Stop it. Open the government and then debate health care.
  The good news is Speaker Boehner could change his mind, bring up our 
bill in a few minutes' time. I know how it works. I spent 10 years in 
the House. It is real easy. They take the bill, go to the rules 
committee, talk about how they are going to allow one or two amendments 
or none, and they could then actually take it up, pass it, and send it 
to the President. What would that do? It would reopen the government 
tomorrow. It would keep the government open for 6 weeks while we debate 
the bigger issues, and then we should raise the debt ceiling so we can 
pay the bills we have already incurred.
  It is so good to go home to your State and talk to people who are 
looking at us and thinking: Why would anyone want to close down this 
country because they don't like the fact that our families can get 
health insurance? They don't understand it. They are pondering it, and 
they are coming up with a tilt.
  So, Speaker Boehner, you are a man; obviously, you have deep 
emotions. Your policies and that of your party are hurting people, 
hurting children, hurting families, hurting the economy, hurting the 
country, and all you have to do is bring up a clean continuing 
resolution that we passed over here, thanks to Republicans who allowed 
us to bring it up and pass it, and pass it over there. Let's get 
through this. Let's restore some faith that this country can function 
once again.
  I thank the Presiding Officer. I yield the floor.

                          ____________________