[Congressional Record Volume 159, Number 167 (Thursday, November 21, 2013)]
[Senate]
[Pages S8444-S8447]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                              Health Care

  I wish to mention the Affordable Care Act and talk for a moment about 
that.
  I am headed home and on Monday I will conduct my 1,000th townhall 
meeting. From the time I was in the House of Representatives, I held a 
townhall meeting in every county. In the Senate, I have conducted a 
townhall meeting in all 105 counties since my election to the Senate. I 
am beginning again and it happens that Monday will be my 1,000th.
  I have no doubt the serious conversations we have will not be about 
the rules or the institution of the Senate or what happened with 
something called cloture filibuster, the real problem people face is 
what ObamaCare is doing to them and their families. I have this sense 
there is an effort or perhaps belief--at least an effort--to convince 
people this is only a problem with a Web site. The Web site has 
certainly received a lot of attention over the past few weeks. Perhaps, 
unfortunately, the Web site is not the real problem.
  The real problems we have with the Affordable Care Act passed by a 
Congress on a straight party-line vote in the Senate, similar to what 
we saw today, and the consequences of ObamaCare are real and cannot be 
fixed by fixing the Web site. I wish those problems were only a simple 
matter of a technician adjusting the program that has been created for 
enrollment, but it is not the case.

  The mess of ObamaCare runs so much deeper. One of the consequences I 
know I will hear about on Monday and hitting individuals and families 
across the country right now is their cancelled insurance companies.
  President Obama spoke about this in the description of what the 
Affordable Care Act would mean to Americans: If you like your policy, 
you can keep it. If you like your physician, you can retain him or her.
  The fact that millions of Americans are now losing their health care 
coverage is not an unintended consequence. I doubt if it is anything 
that can be fixed with anything that President Obama said in his press 
conference a few days ago. The reality is this cannot be described as 
something we didn't know about.
  In fact, on the Senate floor in 2010, again, a straight party-line 
vote occurred, as we saw today, in which the opportunity to do away 
with the provisions of the grandfather clause--again, Republicans 
unanimously supporting an Enzi amendment to change it so this wouldn't 
occur and a straight party-line vote, with Democrats voting the other 
way. It wasn't as if this was something that wasn't considered or 
thought about. It wasn't as if we only woke up 2 weeks ago and we saw 
policies were being canceled and thought: Oh, my gosh. That is not what 
the Affordable Care Act is about.
  The reality is it was expected, it was built in, and it is a 
consequence of the Affordable Care Act.
  In order for ObamaCare to work and the exchanges to function, the 
Federal Government has to have the power to describe what policies will 
be available to the American people. ObamaCare takes the freedom to 
make health care decisions for an individual and their families and 
rests that authority with the Federal Government.
  Despite the headaches, frustrations, and anger Americans and Kansans 
are experiencing now, I don't see there is a real opportunity for us to 
solve that problem, because undoing what is transpiring with the 
policies would undermine the foundation of ObamaCare. I consider my 
task as a Senator from Kansas, in part, is to help people. People tell 
me in person, email, and by phone call about the consequences.
  The stories are a wide range of challenges. I talked about this on 
the Senate floor last week. An example is one conversation with a 
constituent who said: My wife has breast cancer. Our policy has been 
canceled. We have nothing to replace it with. Help me.

[[Page S8445]]

  These are things I can't imagine anyone in the Senate wouldn't want 
to try to help them. I don't know how we do that with the basis of 
ObamaCare that designs the policies and removes the individual person 
from making the decisions about what is in their best interests and for 
their families.
  Calling for repeal and replacement of ObamaCare is not an assertion 
on my part that everything is fine with our health care system. There 
are problems with our health care delivery system, and they do need 
addressing.
  Long before President Obama was President of the United States, my 
service in Congress, much of the effort was trying to find ways to make 
certain health care was available and affordable to places across my 
State, whether one lived in a community of 2,000 or 20,000 or 2 
million--we don't have many communities with 2 million--200,000; people 
ought to have access to health care. In my view, it is an important 
task for all of us.
  While some hoped ObamaCare would be the solution, it turns out to be 
the problem. We can replace ObamaCare with practical reforms that 
promote the promise that the President made, that empower individuals, 
and give people the options they want. We need to do that. In order to 
do that we need to set ObamaCare aside and pursue what I would call 
commonsense, step-by-step initiatives to improve the quality of health 
care and slow the increase or reduce the cost of health care.
  In my view, we cannot not address preexisting conditions. We need 
protections for people, individual coverage, without a massive 
expansion of the Federal Government.
  We need to make certain millions of individuals retain their current 
health insurance policies that they know about and they like. We need 
to make certain we continue that health care coverage by enabling 
Americans to shop for coverage from coast-to-coast regardless of what 
State they live in. Competition will help reduce premiums. Increased 
competition in the insurance market is something that is of great 
value.
  It will extend tax incentives for people to purchase health care 
coverage, regardless of where they live. To assist low-income 
Americans, we can offer tax credits for them to obtain private 
insurance of their choice and to strengthen access to health care in 
our community health care centers. We need to make certain our 
community health care centers are supported so people who have no 
insurance or no ability to pay have access to the health care delivery 
system.
  Instead of limiting the plans Americans can purchase and carry, we 
need to give small businesses and other organizations the ability to 
combine their efforts and get a lower price because of quantity buying. 
We need to encourage Health Savings Accounts so people are more 
responsible for their own health.
  When it comes time to purchase health care coverage or access to 
health care, we are focused on what it would cost and we don't 
overutilize the system. People need to be empowered to have ownership 
of their health care plans and their health.
  We spend billions of dollars on health care entitlements. We need to 
boost our Nation's support for the National Institutes of Health by 
investing in medical research. We can reduce the cost of health care 
for all, save lives, and improve the quality of life.
  Our medical workforce needs to be enhanced. We need more doctors, 
nurses, and other health care providers. They need to be encouraged to 
serve across the country in urban areas of our country where it is 
difficult to attract and retain a physician and in rural and small 
towns where that is a challenge as well.
  Finally, we need to reform our medical liability system and reduce 
frivolous lawsuits that inflate premiums and cause physicians and 
others to practice defensive medicine.
  Those are examples of what we can do and we can do incrementally, and 
they seem, at least in my view, to be common sense. If we don't get it 
quite right, we have the ability to take a step back and make an 
alteration and improve it over time, as compared to the consequences--
the massive consequences--of this multithousand-page bill that, as we 
were told, we had to pass so that we would know what was in it.
  The fatal flaw of the Affordable Care Act is not its Web site but, 
rather, the underlying premise that the government can and should 
determine what is best for Americans regardless of what they want. We 
must not accept a health care system built upon such a faulty 
foundation.
  ObamaCare stands in stark contrast to the values of individual 
liberty and freedom that have guided our country since its inception. 
Americans should be in control of their own health care, and I will 
continue to fight policies that violate those values and advocate for 
policies that guard them, but also work to make sure that all Americans 
have better access to more affordable health care.
  If you like your health care policy, you should be able to keep it, 
and if you like your physician, you should be able to retain him or her 
providing health care for you. Our task is difficult, but it is one 
that is well worth the battle. We can preserve individual liberty and 
pursue goals in our country that benefit all Americans.
  I thank the Presiding Officer for the time on the floor this 
afternoon. 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. SESSIONS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SESSIONS. Mr. President, to follow up on some of the comments I 
made earlier about the DC Circuit, there have been accusations--and I 
guess everybody has their perspective--that seem to suggest that 
Republicans, for ideological reasons, won't fill these judgeships 
slots.
  I have voted for probably 90 percent of President Obama's judges--
well over 80, I know--and the Senate has had confirmed over 200 of 
President Obama's nominees. I earlier said 250--I think maybe it is 
over 200. Only two have been denied confirmation.
  So these three judges have been appointed to a circuit where the 
caseload has been falling, and it already, by far--by far--has the 
lowest caseload in the country based on the eight judges now active in 
that circuit. So adding three more judges would bring that caseload 
down substantially further and create an even more underemployed court, 
which we don't need to do, especially when we have courts around the 
country that do need more judges. We need more district judges than 
circuit judges, but there are some circuit judge slots that need to be 
filled. So I say that out of respect to my colleagues. But it was a 
cause for concern that the President and other supporters of his 
judicial vision have openly stated their goal for filling these slots 
is to advance their agenda.
  President Obama says:

       We are remaking the courts.

  Senator Schumer:

       Our strategy will be to nominate four more people for each 
     of those vacancies. We will fill up the DC Circuit one way or 
     the other.

  One way or the other. In other words, no limit to what we will do to 
fill these slots that are not needed.
  Senator Harry Reid:

       Switch the majority. People don't focus much on the DC 
     Circuit. It is, some say, even more important than the 
     Supreme Court.

  I have heard conservatives make somewhat that statement, but that is 
totally wrong: It is not that important a circuit.
  It is an important circuit. Occasionally, key administrative rulings 
get filed in the DC Circuit, and they never get appealed to the Supreme 
Court. Their decision may be final on some administrative powers, but 
it is not equivalent to the Supreme Court--nowhere close. You can see 
that based on how few cases they actually handle.
  Senator Reid goes on to say:

       There are three vacancies. We need at least one more, and 
     that will switch the majority.

  Apparently, he is saying there is a division within the circuit and a 
one-vote majority for a more restrained view of the administrative 
rulings the court deals with sometimes and a group that is more 
activist, and he wants to switch that majority. A bunch of others have 
said the same thing. They have said it.
  Doug Kendall, a liberal activist has said:


[[Page S8446]]


       With legislative priorities gridlocked in Congress--

  Now, get this--

     --they want the court to advance their political agenda that 
     cannot be passed in the Congress.

  Let me repeat that. The liberal activist goal is to advance an agenda 
that cannot be passed by the Congress--the duly elected 
representatives.
  I remember Hodding Carter, who served President Jimmy Carter, went on 
one of the morning Sunday talk shows--Meet the Press or something. He 
was one of the regular guest hosts, and he said one time: We Democrats 
and liberals have got to just admit it. We want the courts to do for us 
that which we cannot win at the ballot box.
  Judges shouldn't be doing that. But that is what Mr. Kendall says. He 
says:

       With legislative gridlock in Congress, the President's best 
     hope for advancing his agenda is through executive action.

  That runs through the DC Circuit.
  Nan Aaron, long active in advocating for activist Federal judges, 
said this:

       This court is critically important. The majority has made 
     decisions that frustrated the President's agenda.

  So the President is being pressured by a lot of these special 
interests, and there are others who are advocating these kind of 
actions. But the court is a court that is well constituted to do its 
duty, and it will continue to do so and needs no more judges. We don't 
have the money to fill them. We don't have the money to spend on it 
just to allow the President to pack the court with some of his nominees 
that will more likely advance an agenda. At least the agenda that he 
and his activist friends seem to favor that.
  When I came to the Senate, Senators on both sides of the aisle got to 
offer amendments. I remember Senator Specter, who was then a 
Republican--an independent Republican and a great Senator. He loved the 
Senate. He switched parties and became a Democrat. We were right down 
there on the floor. He was managing a health bill, and I had something 
I wanted him to accept as part of the manager's package, and he didn't 
want to do it. So I asked him again and he didn't want to do it, and I 
asked him again and he didn't want to do it. I wanted him to agree 
because I didn't want to offer the amendment and have Senator Specter 
oppose it because I figured I would lose the vote. So I asked him 
again, and he finally got irritated with me bugging him and he said: 
You are a United States Senator. If you want to offer your amendment, 
offer your amendment.
  That is the way it was when I came to the Senate.
  If you didn't like something, you could offer your amendment. But the 
managers of the bill had a lot of respect from the colleagues, and if 
the managers urged people not to vote for it, you were likely not going 
to win, but at least you could get a vote.
  If you promised your constituents back home that you believed in 
something and you were going to fight for it, you could at least get a 
vote, even if you lost. You could tell people you did that. And then 
you could hold people accountable for voting against what some might 
like and others would oppose, and people would know where Senators 
stand.
  We have had a significant, dramatic reduction in the number of votes. 
I think it started in maybe the late 1990s. I know Senator Frist filled 
the tree a number of times, but not many, over his time here. But 
Senator Reid has just exploded this process.
  A perfect example is this Defense bill. It was on the floor all week. 
We have normally had at least 25 or 30 votes on the Defense bill. We 
spend $500 billion in that authorization. There is a lot of concern and 
interest about defense money is spent and policies over sexual assault 
or other issues relative to the military, and those are important 
issues that people have concerns about and are willing to vote on. Why 
shouldn't they be able to get a vote? Really, why shouldn't they be 
able to get a vote?
  Some of the new colleagues who got elected in 2012 particularly 
wanted to change the rules of the Senate and demanded that we do 
better. I raised the question of what the majority leader had been 
doing. Let's take this Defense bill I mentioned. What did he do? He 
gets the right of first recognition in the Senate, and there are only a 
certain number of amendments that can be put on the amendment tree. He 
fills all those slots--we call it filling the tree--and then no one 
else can get an amendment pending that the majority leader doesn't 
approve. It is really unbelievable. And like frogs in warming water, we 
don't even realize the pan we are in has about got us cooked. We have 
Members on our side who have missed what is happening to us. I guess 
half of our Members even on the Republican side were not here when all 
this started. All they have known is this process.
  So Senator Reid fills the tree. He says he approved two sexual 
assault amendments for the military. That is all we have had all week, 
and he immediately files cloture. He immediately files to shut off 
debate. When he does that, he then says we are filibustering. He is 
saying that is a filibuster and he is going to file cloture, demand 
that we grant cloture and move the bill without any amendments.
  This is unacceptable. So Republicans say: We are not going to end 
debate on the bill until we have a legitimate opportunity to file 
amendments to the Defense authorization bill and actually vote on some 
of the key issues facing America's national security and our men and 
women in uniform. We want a robust ability.
  No.
  Well, submit a few amendments. Well, that is too many. We are not 
going to vote on that one. I don't like that one. I don't like that 
one. No, you can't get a vote on that one. Our Members don't want to 
vote on that. You can only have a constricted number.
  So we have this spectacle of Senators from great States all over 
America, hat in hand, bowing before the majority leader, pleading that 
he allow them to have their amendment up for a vote. It is not right. 
It is an alteration of the whole concept of the free and open debate 
the Senate is all about. I truly believe it is, and we are going to 
have to stop it.
  I blame myself. I have complained about this probably as much or 
maybe more than anyone on our side, but I haven't taken the action 
maybe that we need to take to begin to confront this issue.
  When my new young colleagues and I were discussing this, one of them 
said: Why, we even have to ask Senator McConnell and get his permission 
to offer our amendment.
  How could this happen? How could a Senator from one of the great 
States of America be in a position--a Democratic Senator. He has a 
majority in the Senate. How could he be in a position to have to seek 
Senator McConnell's approval to call up an amendment?
  Here is the answer. Senator Reid tells Senator McConnell: I am not 
going to have all of these amendments. We are only going to have five 
amendments, and you can't have this one, this one, and this one.
  What are your amendments, Senator McConnell says to Senator Reid.
  He says: Well, these are the amendments we want to offer.
  Senator McConnell says: Well, you have restricted my amendments. I 
don't want to vote on those two amendments of your five. You are going 
to have to pull those down.
  So, in a sense, that young Senator was telling me the truth. I 
suspect Senator Reid goes back and says: Senator So-and-So, Senator 
McConnell is objecting to your amendment. We can't call it up.
  Well, why can't you call it up? I mean, the very idea that a Senator 
from New York has to ask a Senator from Kentucky whether he can have an 
amendment is contrary to the approach of the Senate.
  So filling the tree is altering the whole process. Again and again, 
Senator Reid takes the floor, he fills the tree, limits amendments, and 
files cloture immediately. And those of us who say: No, we are not 
going to agree to shut off debate through cloture because you haven't 
allowed us to have a legitimate chance to offer amendments--we vote 
against cloture, and he says: You are filibustering the bill. And he 
adds these up, and he says that Republicans to an unprecedented degree 
are filibustering, when all it is, is a reaction to his railroading 
tactics that have never been used to this degree in the history of the 
Senate.
  Senator McCain was quite correct in pointing out the switching of 
positions

[[Page S8447]]

that Senator Reid now takes. While he was opposing this kind of tactic 
before and supporting filibusters, he has now taken the exact opposite.
  With regard to our judicial issues, the Democrats went to a retreat 
in 2000 and decided to change the ground rules. I believe Senator Reid 
was involved, and Senator Schumer was one of the organizers, according 
to the New York Times. He said: We are going to change the ground 
rules. And they started immediately and held the first 10 Federal judge 
nominees to the courts of appeals of President Bush and filibustered. 
We had never seen anything like that.

  Now, according to this document I have, Senator Schumer says: We are 
going to confirm these judges one way or the other, and if you use the 
right to filibuster--which I pioneered and Senator Reid pioneered--if 
you use that right, now that we have the majority, we are going to 
change the rules with a simple majority, and we are not going to allow 
these judges to be blocked even though we have no need for one of them. 
We are going to ram it through, and we are going to make the taxpayers 
pay for it, $1 million a year, one way or the other.
  So that is where we are, and I don't believe it is good.
  I am not opposed to modernists. I believe we need to be consistent in 
our principles. We need to defend the history of the Senate. And I 
don't believe you can change it one year and change it back the next 
and act as if nothing significant happened. I believe there is a truth 
and I believe there are values that need to be consistently upheld--at 
least at a minimum--so this Senate can function.
  Senator Reid has to stop this process. He cannot continue to dominate 
the Senate the likes of which has never happened before. There is no 
one-man dictator in this Senate. We need to say no. That is just the 
way it is. There is no way the majority leader of the Senate of the 
United States should be dominating this body the way it is happening 
today and going to the ultimate of changing the rules as was done 
today. I feel strongly about that. We are going to continue to talk 
about that.
  We have an institution to preserve. Senator Byrd would never have 
allowed this to happen--as Senator McCain said--the historian of the 
Senate, who explained this great Senate's history. When I first came 
here, he lectured to both parties and new Members about what it is all 
about. The love he had for this institution was strong.
  I happened to have the honor earlier today to hear Senator Levin talk 
about this issue. He is leaving this body. He is a great Senator. He is 
smart. I have been so impressed with how he has handled the Armed 
Services Committee, on which I am a member and he is chairman. He gets 
virtually unanimous votes on the defense authorization bill. And the 
only reason we had no votes on the bill on the floor today in committee 
was because they marked the spending level above what the Budget 
Control Act says. They shouldn't have done that. Under that proposal, 
we would spend more money than we are allowed to spend under law. But 
it was done. Otherwise, all the differences were freely discussed. We 
had multiple amendments. Senator Levin is very precise. He allows 
people to make amendments. He suggests compromise. He allows people 
time to discuss with staff, come back, amend, agree, disagree, and 
finally have a vote. It creates good spirit, and it creates a committee 
such that even legislation as important as this can pass unanimously 
out of committee. I believe last year the bill was unanimous out of the 
Armed Services Committee, which is hard to achieve in any legislative 
body.
  This is a dark day. I am disappointed at where we are. This is a 
matter that can't just be forgotten. It won't be forgotten. We don't 
need to act precipitously, but we need to make clear that for the 
Senate to work, individual Senators of both parties have to be free to 
offer amendments--that clearly needs to be so--and certain rights the 
minority party might have cannot be eroded anytime they become 
effective to frustrating the majority leader's desire to advance 
certain pieces of legislation or nominees.
  This is not going away. We will keep discussing it. I hope and pray 
we will be able to reach some sort of solution which puts us back on 
the right path.
  I yield the floor, and I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Schatz). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SCHUMER. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.