[Congressional Record Volume 160, Number 15 (Monday, January 27, 2014)]
[Senate]
[Pages S467-S481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HOMEOWNER FLOOD INSURANCE AFFORDABILITY ACT OF 2014--MOTION TO PROCEED
Mr. REID. Mr. President, I move to proceed to Calendar No. 294.
The ACTING PRESIDENT pro tempore. The clerk will report the motion.
The legislative clerk read as follows:
Motion to proceed to Calendar No. 294, S. 1926, a bill to
delay the implementation of certain provisions of the
Biggert-Waters Flood Insurance Reform Act of 2012 and to
reform the National Association of Registered Agents and
Brokers, and for other purposes.
Schedule
Mr. REID. Mr. President, at 5:30 p.m. there will be a rollcall vote
on the motion to invoke cloture on the motion to proceed to the flood
insurance bill.
Measure Placed on the Calendar--S. 1950
Mr. REID. Mr. President, I am told that S. 1950 is at the desk and
due for a second reading.
The ACTING PRESIDENT pro tempore. The clerk will read the bill by
title for the second time.
The legislative clerk read as follows:
A bill (S. 1950) to improve the provision of medical
services and benefits to veterans, and for other purposes.
Mr. REID. I would object to any further proceedings with respect to
this bill at this time.
The ACTING PRESIDENT pro tempore. Objection having been heard, the
bill will be placed on the calendar under the provisions of rule XIV.
Flood Insurance
Mr. REID. Mr. President, as I announced earlier, today the Senate
will vote at 5:30 to advance legislation which will protect millions of
homeowners and small businesses from drastic increases in flood
insurance premiums. This bipartisan measure will save many homeowners
thousands of dollars a year and protect America's recovering housing
market.
Since higher premiums would kick in whenever a home is sold, still
struggling housing markets across the country could stumble if Congress
allows flood insurance rates to skyrocket. That will happen if we don't
move this legislation.
The bill before the Senate will preserve current rates until the
Federal Emergency Management Agency submits a plan to keep premiums
reasonable and provide stability to home and business owners.
I wish to thank Senators Menendez and Landrieu, as well as Senator
Isakson, for their leadership on this issue. Their bill will cut
through the red tape and give consumers better, cheaper options when
they shop for insurance.
So I hope the Senate can wrap up work quickly on this measure. We
have tried for weeks to get agreement to move forward on it, but we are
never quite there. Always there are requests to give a little more
time. That time has run out. Homeowners deserve certainty, and the
Senate faces a substantial workload over the next 3 weeks.
Tomorrow, President Obama will address Congress and the Nation in his
annual State of the Union address. I, like the American people, look
forward to hearing the President's vision to create an economy in which
the middle class grows and prospers, because every individual should
have a fair shot at success.
The Senate must also consider a number of critical national security
and judicial nominations in the coming weeks. With the help of my
Republican colleagues, we could process these nominations swiftly and
painlessly--without late night or weekend votes.
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As always, it will depend upon the level of cooperation we receive from
the Republicans.
This work period the Senate will also consider a farm bill conference
report. This legislation is a compromise that was reached thanks to the
leadership of Chairwoman Stabenow, and it will reduce the deficit and
cut waste and fraud, all while protecting hungry children and families.
The Senate will also debate legislation to effectively prevent and
punish sexual assault in the Nation's Armed Forces, and we have
competing views of this with Senator McCaskill and Senator Gillibrand.
Democrats will continue our fight to restore benefits to 1.6 million
Americans looking for work during difficult economic times. In the last
2 weeks since Republicans filibustered a bill to restore this important
lifeline, an additional 150,000 Americans have lost their emergency
unemployment benefits. For many families already suffering through hard
times, the loss of $300 a week has meant going without food, turning
down the heat on freezing days or staring down homelessness.
One Nevada woman--a Vietnam veteran in her sixties who has worked all
her life and raised a family--said she is afraid she will end up on the
streets if Washington doesn't restore her emergency benefits. This is
what she wrote to me:
It is not that I don't want to work. It is that I am unable
to procure job . . . I do feel that it might be my age, but I
am more energetic than some young people I know. Please
continue to [work to] get this passed, as I am fearful that I
will end up homeless.
Her situation is not unique. Nationwide, thousands upon thousands of
veterans looking for work have been kicked off unemployment. In Nevada,
where unemployment is still almost 9 percent, 21,000 people struggling
to find jobs have been cut off from these benefits. In fact,
unemployment actually ticked up slightly in Las Vegas last month. As
long as there are three job seekers for every available position, we
owe it to Americans to lend a helping hand during this emergency.
Reservation of Leader Time
The ACTING PRESIDENT pro tempore. Under the previous order, the
leadership time is reserved.
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will resume consideration of the motion to proceed to S. 1926.
Mr. REID. I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Ms. COLLINS. I ask unanimous consent that the order for the quorum
call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Ms. COLLINS. Mr. President, I ask unanimous consent that I be
permitted to speak for up to 15 minutes as if in morning business.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Margaret Chase Smith
Ms. COLLINS. Mr. President, 50 years ago today, on January 27, 1964,
Senator Margaret Chase Smith of Maine announced her candidacy for
President of the United States. The following July, at the Republican
National Convention in San Francisco, the great lady from Maine became
the first woman in history to ever have her name entered into
nomination by a major party for our Nation's highest office. I rise to
commemorate this remarkable leader and this significant milestone in
our history.
At the time of her announcement, Senator Smith was in her 24th year
in Congress and was an established groundbreaker. She was the first
woman elected to both the House and the Senate and the first to serve
on the Armed Services Committee. She was the woman who gave other women
the opportunity to pursue careers in the military. Due to her early and
energetic support for the space program, she has been called the woman
who put a man on the Moon.
Her courageous ``Declaration of Conscience'' delivered in the Senate
on June 1, 1950, turned the tide against McCarthyism and reminded all
Americans of our Nation's core values of free expression and
independent thought.
Senator Smith made her Presidential announcement in a speech at the
Women's National Press Club in Washington. Yes, Mr. President, there
was a separate press club for women in those days. It was an important
address in which she described both the progress that America had made
against bigotry, prejudice, extremism, and hatred as well as the
challenges that remained, but Margaret Chase Smith saved the best for
last. After telling her audience of the flood of letters she had been
receiving from all over the country urging her to run for President,
Senator Smith described the reasons offered by her supporters, such as
she had more experience at the national level than any of the other
confirmed candidates, she had the stature that could break the barrier
against women being seriously considered for President, she would
provide a moderate, middle-of-the-road option in an election that was
shaping up as one between a very conservative and very liberal
philosophy.
Then she described the reasons she should not run: The widespread
contention that the Presidency was a man's job, her lack of financial
resources, and a professional political organization, and the fact that
the odds were stacked heavily against her. Senator Smith said she found
the reasons offered against running far more compelling than those in
favor. So imagine the surprise of her audience when she said that
because of those very reasons, she had decided to enter the New
Hampshire primary.
Senator Smith's campaign was off and running, and what a campaign it
was. Senator Smith accepted no money from anyone. All contributions--
whether they were large or small--were returned to sender. She took to
the campaign trail only when the Senate was not in session in order to
preserve her perfect record of never missing a rollcall vote and to
keep the pledge of dedicated service she had made to the people of
Maine. Her campaign motto was: ``There is nothing more effective than a
handshake and a little conversation.''
As a consequence of her self-imposed financial and time restraints,
Senator Smith did not win a primary. But in the one primary where she
was able to campaign somewhat extensively--the State of Illinois for
all of two weekends and a total expenditure of $85--she finished a
strong second in a field of six. She lost only to the eventual nominee,
Barry Goldwater. With 25 percent of the vote, she came in far ahead of
such well-known candidates as Richard Nixon, Nelson Rockefeller, and
Henry Cabot Lodge. It is intriguing to think what she might have done
with a more traditional campaign.
At the Republican National Convention in San Francisco that year,
Senator Smith's name was entered into nomination by Senator George
Aiken of Vermont. He told the delegates that Senator Smith's integrity,
ability, common sense, and courage made her ``the best qualified person
you ever voted for.'' On the first ballot, 27 delegates did vote for
Margaret Chase Smith from the great State of Maine.
Unlike the other candidates, Senator Smith did not release her
delegates to the landslide victor, Senator Goldwater. That was not done
out of spite. Indeed, she campaigned earnestly for him in the general
election. It was done because she wanted to demonstrate--she wanted the
historical record to show that a woman had been given serious
consideration for the Presidency of this country.
Many words have been spoken over many years in attempts to describe
the character of Senator Margaret Chase Smith. Perhaps the best were
offered by the candidate herself on that campaign trail a half century
ago. She said:
I have few illusions and no money, but I'm staying for the
finish. When people keep telling you, you can't do a thing,
you kind of like to try.
On this milestone anniversary, I am honored to celebrate an
extraordinary woman from Maine who tried and failed in one endeavor but
in doing so inspired generations of Americans with her strength and
determination and demonstrated, as she once said, that a woman's place
is ``everywhere.''
Today, the Senate has a record 20 women Senators. In a sense each of
us owes a debt to Senator Margaret Chase Smith, but none more so than
I. You
[[Page S469]]
see, I first met Senator Smith when I was a high school senior from
Caribou, ME. I was selected as one of two students to come to
Washington as part of the Senate Youth Program sponsored by the William
Randolph Hearst Foundation, a program that still exists today. I
remember how excited I was to see Senator Smith and her graciousness in
inviting me into her office and spending nearly 2 hours with me.
As the Presiding Officer can appreciate, for any of us to spend 2
hours with anyone is remarkable nowadays, but Margaret Chase Smith
carved out that time to talk with me. Recently her library sent me
copies of her appointment book for that day so I could see that my
appointment with her was listed and preserved for all time.
She talked to me not about what it was like being the only woman in
the Senate, she talked to me instead about her service on the Armed
Services Committee, about what we could do to create more jobs in this
country and, most of all, about her famous ``Declaration of
Conscience'' in which she stood up against the smear campaign and the
excesses of Senator Joseph McCarthy. Through that speech she taught us
all to stand tall for what we believe in and to speak out against
injustice and bigotry.
I remember when I left her office I was so thrilled and inspired. I
remember thinking women could do anything. This was back in 1971, and
although I came from a family with wonderful role models in both my
mother and my father, who were so active in their community and in
their State, there were a lot of other messages about that time that
raised doubts in the minds of growing girls about whether we could, in
fact, be whatever we wanted to be. So that message that I learned from
Margaret Chase Smith was so important in shaping who I am today.
Although I did not know it at the time at all, that meeting with
Margaret Chase Smith shortly after I had turned 18 as a high school
senior taught me I could achieve my dream, and in many ways it was the
first step on a journey that led me to run for her seat in the Senate
25 years later.
Today I am so proud that the desk at which I stand--the desk that I
use and is assigned to me on the Senate floor--once belonged to the
legendary Senator from Maine Margaret Chase Smith. What a wonderful
role model she was to me the entire time I was growing up when she was
representing the State of Maine with such integrity, skill, and
courage. I feel so fortunate to hold her seat in the Senate.
So today it gives me great pride as well as great pleasure to inform
my colleagues that this is the 50th anniversary of the day that Senator
Margaret Chase Smith of Maine became the first woman in history to
announce her candidacy for President of the United States and later
that year to be the first woman to have her name placed in nomination
by a major political party. Let us celebrate this day as we also
celebrate the presence of a record number of women in the Senate. I
believe that would have made Senator Smith very proud.
I yield the floor, and I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The 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 ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
immigration reform
Mr. SESSIONS. Mr. President, the immigration issue the country is
wrestling with is broad and deep and has huge ramifications in a host
of areas. But one area that has just been ignored systematically, it
seems to me--at least to a degree that is unacceptable--is the impact a
massive increase in immigration to America will have on the already
declining wages and job prospects of Americans who are hurting
today. That is just a fact that needs to be discussed. We need to be
honest about it.
Prime Minister David Cameron in the United Kingdom has announced
major reductions in immigration and said there may be more. He said we
cannot expect that foreign workers would take jobs we need to be
training Britons to do. How simple and valuable a concept is that?
So we are talking about legislation that can shift the power, wealth
from working people to businesspeople, the corporations, because it
will shift, if not done properly--and we believe in immigration. We are
not opposed to immigration. It just needs to be done at the level and
in the proper way so our workers are not so adversely impacted, as
would occur if the Senate bill were to become law. Thank goodness the
House is saying they are not going to pass that bill.
President Obama is preparing to deliver a State of the Union Address
tomorrow night in which he will address the continued financial
collapse of the American middle class, much of which has occurred on
his watch. However, it did start before he took office.
Since 2000, the average wage of working Americans has declined. As
adjusted for inflation, it is negative. In the last 2 or 3 years--since
the recession is supposed to be over and has been announced is over--
that decline has accelerated. Professor Borjas and others have tagged a
lot of that result as occurring because of a substantial increase in
immigration that has been occurring in America. If the President wishes
to demonstrate a sincere concern for struggling workers, then he must
recognize the negative impact his immigration policies are having on
wage earners throughout the country right now.
According to Harvard Professor Borjas, the Nation's leading expert on
immigration and an economist--himself an immigrant from Cuba as a young
man--Professor Borjas says every dollar of increased profit for
companies that use immigrant labor is offset by a dollar in lost wages
for the Americans competing with that immigrant labor. Think about
that.
In fact, he estimates that businesses lobbying for this bill will
benefit on an order of $400 billion. They and their political activist
allies lobbying for this bill, they definitely receive a financial
benefit. He estimates, based on rigorous analysis that virtually every
dollar of that will come from reduced wages of American workers.
That is the way, colleagues, the free enterprise system works. If we
have more cotton in America, the price of cotton goes down. If we bring
in more labor than we have had before, the price of labor comes down.
That is just the way it works. We have not eliminated the law of supply
and demand. The law of supply and demand dictates that an increased
supply of workers will result in a reduced cost of hiring workers.
The President's push for higher Federal wage controls and extended
unemployment jobless benefits is effectively an admission that his
policies have cut wages and reduced the ability of Americans to get
jobs.
But these measures he is proposing are treating the symptoms. Why are
not wages going up as they have throughout most of the history of our
country, naturally through supply and demand? Could it be that we have
had, as Professor Borjas said, for the last 30 years an incredible
increase in the flow of foreign workers who are competing for these
jobs every single year?
One cannot return to full employment and rising wages for workers at
all skill levels without tightening the labor market. We have a loose
labor market. We have a surplus of people looking for jobs.
Gene Sperling, the President's top adviser on the economy, said just
a few weeks ago that we have three workers applying for each one job
that exists in America. Why in the world then would we want to bring in
and allow businesses to demand increased numbers of low-skilled
workers?
The President's plan will provide companies an incentive to hire even
fewer American workers, and they will be less likely to hire a person
who has been unemployed for a long time--the long-term unemployed.
The United States has already formally admitted more immigrants,
largely lesser skilled, in the last 10 years than any prior 10-year
period in America's history. So the question every reporter, pundit,
and lawmaker should ask is this: How does the President think it will
help Americans trying to climb into the middle class to pass an
immigration plan that would
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double the number of immigrant workers competing against them for jobs
and wages?
The single largest category in our budget right now is welfare and
poverty support programs helping people who have lower incomes.
Including State contributions, my Budget Committee staff has discovered
we spend more than a $1 trillion on Federal means-tested support
programs each year--over $1 trillion. That is greater than the defense
budget, more than Social Security, more than Medicare. A record one in
five households today received food stamps in 2013--one in five. The
majority of them are working age. That is the first time that has
happened that a majority of the recipients of food stamps are within
the working age group.
Our urgent national mission is to begin transitioning these
struggling workers into good jobs with rising wages. Instead, the
President proposes to increase Federal spending even more to sustain
millions on welfare while increasing the supply and the admission of
lower skilled immigrants to take the available jobs that exist.
House leaders are reportedly rushing to assemble a plan that is
similar to the President's. I hope not. But that is what is being
suggested. This would be the worst thing they could do at such a time.
Instead, the Democratic Senate having spoken, the Republican House must
stand, expose the President's disastrous policies, and advocate a new
direction that promotes assimilation, rising wages, and a growing
middle class for all Americans, including those who have recently
immigrated.
Our lower skilled workers are the ones who are adversely affected the
most from increased flows of immigrant labor into the country. I just
hope we will consider this and talk honestly about it because it is not
going away. It is a reality. The suggestion that somehow this will not
happen is not so. The Congressional Budget Office, in scoring the
Senate bill, concluded it would pull down wages of Americans for 20
years.
The last thing this Senate or any President of the United States
should do would be to advocate and promote a policy that will pull down
wages. We need to be looking for ways to increase wages. When you are
in a hole, the first thing you do is stop digging. Do not make it
worse. Do not create four or five applicants for every one job that
exists in America.
I hope the President will talk about that. I challenge him to talk
about it. I am going to watch what he says. I expect him, as President
of the United States addressing a joint session of Congress, to tell
the truth and be accurate about his analysis and discussion of this
important issue. It is important to America. We believe in immigration,
but we want a lawful system of immigration, an immigration system that
first and foremost does not damage, hurt, and weaken the financial
position of already struggling American workers. Isn't that our first
responsibility?
We should create this lawful system in a way that serves the long-
term interests, the legitimate long-term interests of the United States
of America and all the people who are in it, not just a few special
ones with big money and special political power.
I thank the Chair and yield the floor. I suggest the absence of a
quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. NELSON. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. NELSON. Mr. President, I want to speak about the flood insurance
bill. I am speaking with a smile on my face because I believe we have
the 60 votes to break the filibuster so we can get to the bill. I would
hope that if we exceed that 60-vote threshold, indeed those who have
been trying to torpedo this bill would then, instead of stringing us
out all week, making us go through all of the parliamentarian
procedures when we have the votes, would let us get it passed.
The problem is going to be down at the other end of that hallway
because the Speaker of the House has already said that he does not like
it. But what he is going to find out that he does not like is that a
lot of Members of the House of Representatives have constituents who
are facing 10-fold increases in their flood insurance because of
something that was tacked onto a transportation bill.
That was a year ago, Biggert-Waters, the sponsors in the House for
this law which is now causing these unforeseen and never-expected huge
increases. We can rectify that today. At 5:30 we are going to have the
vote on the motion for cloture to cut off debate so that we can get to
the bill.
What does this bill do? It is really easy. It delays these giant rate
hikes for 4 years, and it mandates on FEMA an affordability study so
that we can see. I mean, you can say you want rates to go up and be
actuarially sound. But if what happens is what has been happening, that
people cannot afford it because it is 10 times as much, or that because
it is so high it completely dries up the real estate market, that is
not helping anybody.
That is hurting a lot of people. It is hurting our economic recovery
just at the moment in which the real estate market is coming back all
along the coasts of America, as well as along the rivers and lakes, the
very places that flood insurance is necessary for a homeowner or a
business.
I might say that today, as I was in Florida, the temperature was in
the 60s, moving to the 70s. I got off the plane here, and it was in the
30s. But the chilling winds of Biggert-Waters, with the gargantuan
flood insurance rate hikes--those chilling winds are not only killing
real estate sales, they are killing commerce, and it is putting an
impossible financial burden on our people.
We can take care of this at 5:30. Some have opposed us the whole way
as we have tried a handful of times to bring up this legislation,
asking unanimous consent. Finally, thanks to the leader, who has forced
the issue, we are going to vote on cutting off debate today.
I have several documented cases along Florida's gulf coast where the
premiums for flood insurance have gone up by 10 times. In one
particular case in Pinellas County, chronicled by the Tampa Bay Times,
the premium was $4,500, and it has gone to $45,000.
No homeowner can endure and afford that kind of increase. In another
case, a $1,400 flood insurance premium has gone to $14,000. It is the
same. We should be around here promoting home ownership. But if the
poor homeowner has a mortgage because they have gotten a loan from the
bank, what is the bank going to do to require some security for their
loan? They are going to require flood insurance.
So how can we expect a homeowner to have to go through this. You can
say this is a subsidized program. It is. But the big losses in the
program have been because of very unusual climatic events. In the first
place, it was Hurricane Katrina. That was an ordinary, garden-variety
category 3 Hurricane. Those of us in Florida understand hurricanes.
But what happened with this hurricane? It went to the east of New
Orleans, so the counter clockwise winds were not coming directly from
the gulf. They were coming in over New Orleans, over Lake
Pontchartrain. It caused the lake to rise, it filled up the canals. The
water rose in the canals. The water pressure against the side of the
canals increased. There were faulty canal dikes, and they breached in a
couple of places, and then all of the water flooded into parts of New
Orleans and filled up the bowl of New Orleans.
That was a huge loss to the Federal Flood Insurance Program. Then
there was another extraordinary event. This was just a year ago. This
was a category 1 storm, and it was extraordinary because it hit in the
winter. Where did it hit? It hit the highly urbanized coasts of New
Jersey, New York, and parts of New England. As a result, there were
huge losses there and people were desperate to have assistance. Look at
what those folks are facing with regard to the flood insurance hikes.
We can take care of all of this at 5:30 p.m. this afternoon as we
start the process of getting on the bill. I urge all of our Senators--
because sooner or later somebody in your State is going to face a
flood, and they are going to get remapped. They may not be paying those
rates now, but they are going to get remapped because of those floods,
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and then they are going to get hit with these unaffordable, gargantuan
rate hikes on the premiums of Federal flood insurance--this is the
right thing to do.
I see my colleague from Utah. The Senator used to tell me they don't
ever have floods there, but I will bet they do. Even though Utah is a
dry State, I know Utah has water because it supports a population which
is represented by my most distinguished and dear personal friend
Senator Hatch.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. I thank my dear colleague. The Senator is a very close
personal friend of mine too.
I have to say we have had our floods out there too, and thank
goodness we have had some of these things to help us, no question about
it. The last one was in St. George. It was very devastating to people.
I appreciate the Senator's work.
Alternative Affordable Care Act
Mr. President, I rise today to speak on a legislative proposal I
unveiled yesterday with two of my colleagues, Senator Richard Burr and
Dr. Tom Coburn, that represents our vision for an alternative to
ObamaCare.
Let me start by saying something that most Americans--from Utah to
North Carolina to Oklahoma--know to be true: ObamaCare just is not
working. Try as he might during the State of the Union Address
tomorrow, President Obama will not be able to convince the American
people that his health care law is anything other than an unmitigated
disaster. This horribly misguided law puts government between people
and their doctors. It includes over $1 trillion in new taxes and a new
unsustainable entitlement.
It includes mandates and regulations that have forced too many
Americans off their health plans and businesses to cut back on hiring.
It has done next to nothing to put a brake on skyrocketing health care
costs that are hitting every family in this country.
The three of us knew there was another way, a better way--a way that
doesn't need 2,700 pages of government programs and mandates to enact
commonsense reforms that the American people want and need.
Let me say that these two Senators with whom I have joined on this
proposal have been looking at this for some time, as have I. I commend
them for their leadership.
Our plan rests on four simple principles. First, repeal ObamaCare
with all its costly mandates, taxes, and regulations in its entirety.
Second, reduce costs by taking government out of the equation, and,
instead, empowering consumers to make choices about their own health
care.
Third, provide commonsense consumer protections to protect
individuals with preexisting conditions.
Fourth, reform our broken Medicaid system by giving States more
flexibility to provide the best coverage for their citizens.
We are confident our plan will accomplish all of this, and it would
do so without adding one red cent to our $17 trillion debt.
These four principles are the core of what we unveiled today. They
are smart, they make sense, and they are what the people of my State
have been looking for, and I think the people of every State. We start
with the biggest barrier to health care in this country, and that
happens to be skyrocketing health costs. Too many families cannot
afford to buy insurance or to see a doctor. Why? Because of costs.
We recognized this. Our plan would give people affordable options
that meet their needs by harnessing the power of the marketplace, not
through Washington-directed mandates. With more options in the private
insurance marketplace--particularly in the small group and individual
markets--on top of greater consumer protections and more transparency,
the American people would be better able to purchase coverage that is
right for them.
We can see the importance of choice in the failings of ObamaCare,
which is struggling to sign up young people who might need a health
plan that is affordable instead of one that includes coverage they will
never use or need. Maybe a 25-year-old male auto mechanic, for example,
only wants catastrophic coverage and not a plan that includes maternity
care. We give people those options to allow them to find coverage that
best meets their needs. Our plan does that.
We also include significant commonsense consumer protections, such as
making sure a person cannot have their coverage cancelled if they get
sick. We help make sure patients with preexisting conditions can gain
access to affordable coverage and let children stay on their parents'
insurance through age 26--something we were always willing to do.
We also get rid of lifetime limits. Under our plan, insurers won't be
able to put a cap on total benefits to be paid out over a person's
lifetime, eliminating a patient's fear of maxing out their health care
coverage. We give States more options to provide people with more
coverage while once again reducing costs.
Under our plan, families earning up to $71,000--or 300 percent of the
Federal poverty level--will get a tax credit to purchase the insurance
of their choosing. We help small businesses enjoy the same advantages
as large businesses by allowing them to band together to leverage their
purchasing power to buy insurance. This just plain makes sense.
I have to say one of the most absurd aspects of ObamaCare is that a
good portion of the people it covers is through Medicaid. Yet as we all
know, Medicaid is a financially unsound program that is threatening
State budgets. Its expansion under ObamaCare only threatens the program
further.
Our plan includes a key reform that is similar to the Medicaid
modernization plan that House Energy and Commerce Committee chairman
Fred Upton and myself put out last year. Currently, Federal taxpayers
have an open-ended liability to match State Medicaid spending, which is
a significant driver in Medicaid's budgetary challenges.
Our proposal would create per capita spending caps--similar to what
President Clinton and many Democrats who remain in this Chamber
supported in the past--to ensure that the dollars follow the patient.
This structural reform of Medicaid is coupled with new flexibility for
States to best manage their Medicaid populations.
On top of that, we give those on Medicaid the option of purchasing
private health insurance, which is more frequently accepted by quality
doctors.
I want to emphasize that our proposal trusts the American people to
make the best choices for themselves. That is why we include an
expansion of health savings accounts so people can plan and save for
their future medical needs. That also means injecting transparency into
health care costs so people know which provider charges what and how
successful those providers are.
We include other cost-containing measures such as medical malpractice
liability reform to help reduce the costly practice of defensive
medicine.
In my early life, I actually tried medical liability cases, defending
doctors, hospitals, nurses, and health care practitioners, et cetera.
Most of those cases were frivolous. They were brought to get the
defense costs. Doctors were scared, so doctors were told: Fill up your
records to show that you went way beyond the standard of care and the
standard of practice. Thus, we have had hundreds of millions of dollars
in unnecessary defensive medicine ever since.
We also reduce the distortions in the Tax Code that actually increase
the cost of health care in our country by capping the employee
exclusion. This is a key way of restraining costs that has been cited
across the economic spectrum.
The bottom line is that this proposal is sustainable and achievable,
and without the tax hikes, mandates, and budget-busting spending that
have made ObamaCare care so unpopular with the American people. Most
importantly, unlike ObamaCare, our plan will reduce health care costs
for American individuals, families, and businesses.
I look forward to working with my colleagues and experts throughout
the health care community to better refine and improve our blueprint,
and that is what it is right now, it is a blueprint.
I am confident we will be able to build strong consensus around our
ideas and be in a position to formally introduce legislation that will
repeal the President's health law and replace it with strong reforms
that will actually lower costs, reduce spending, and
[[Page S472]]
put high-quality care within the reach of every American. Frankly, this
approach should appeal to everyone, Democrats and Republicans.
I know my colleagues on the other side are very nervous about the
failures--already--of ObamaCare, and it is just starting. Anybody who
thinks that once we heal the rollout disaster everything is going to be
OK, let me say that is only the beginning. ObamaCare is a disaster, and
every day it continues is going to be more of a disaster. I think my
colleagues on the other side ought to take a look at what we are
proposing because it may be one way of helping their colleagues and
their constituents understand that they really are serious about trying
to get health care we can live with and can help our country.
I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Heinrich.) The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. WICKER. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER (Mr. King). Without objection, it is so
ordered.
Mr. WICKER. Mr. President, I ask unanimous consent to speak as in
morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
State of the Union Address
Mr. WICKER. Mr. President, I rise this afternoon to talk about the
President's sixth State of the Union Address tomorrow night. Although I
do not think the Framers imagined the pageantry that has come to
accompany the State of the Union, it certainly is enshrined in the
Constitution. According to article II, section 3:
The President shall from time to time, give the Congress
information on the State of the Union and recommend to their
consideration such measures as he shall judge necessary and
expedient.
``Recommend for Congress consideration such measures''--I note with
interest in today's Wall Street Journal on the front page that
President Obama intends to assert a unilateral agenda at the State of
the Union, according to press reports, at least in the Wall Street
Journal. The article begins:
President Barack Obama Tuesday night will seek to shift the
public's souring view of his leadership.
It goes on to say in paragraph 2:
Mr. Obama will emphasize his intention to use unilateral
Presidential authority, bypassing Congress when necessary, to
an extent not seen in his previous State of the Union
speeches.
This certainly does not sound like article II, section 3, where the
State of the Union is anticipated by our Founders as an opportunity for
the President to make recommendations to the Congress, but we shall
see. It should not be difficult for President Obama to outline a number
of national priorities that are necessary and expedient for the
Congress to consider. As we enter the sixth year of the Obama
administration, the economy continues to suffer from anemic growth and
chronically high unemployment. Family poverty statistics are at record
high levels. Small businesses, the ones that create our Nation's jobs
for the most part, are struggling to pay for government mandates and
keep Americans at work at the same time.
Of course, a major concern for Americans is the President's health
care law, legislation that was rammed through Congress without
bipartisan support. Individuals, families, businesses, and investors
can plainly see that the law is plagued with problems. Hardly a day
goes by without hearing from our citizens back home who are frustrated
and worried about how the law impacts them.
Instead of more affordable and more accessible health care, families
in my State and across the country are dealing with a backlash of
canceled insurance policies, higher premiums, and fewer choices. No one
can dispute these facts. At this point, Americans are right to be
doubtful of more promises. They want to see results. They want to see
real health care reform. They want to see job-creating strategies that
will work, that have been proven to work.
Americans need more tomorrow night than phraseology from the
President. Without leadership and accountability, the public is right
to lack confidence that the President's big government approach can
move us forward or that the President wants to work with Congress
toward bipartisan solutions.
I hope we can work together for bipartisan solutions. One recent poll
suggests--and this is stunning--that a majority of Americans actually
question the Obama administration's competence in running the
government. The same survey showed that most Americans believe the
economy is either staying the same or getting worse.
I believe the American public sees things correctly. Until Americans
see significant improvements in their lives, attempts by the White
House to spin a positive economic message will ring hollow. Many
Americans have been forced to take part-time work or have left the
labor force altogether. In the December jobs report, an official report
of the government, we saw that the labor force participation rate,
which reflects the number of adult Americans who have a job or are
looking for one, has fallen to its lowest level since 1979.
Let me repeat that. After 5 years of the Obama administration's
leadership, the labor force participation rate is the worst it has been
since 1978. Recent estimates indicate that median household income is
almost $2,400 less than it was 4 years ago, in inflation-adjusted
dollars.
President Obama has tried to shift the blame for the harm caused by
his health care law, but that attempt to duck responsibility will not
wash with the American people. Millions of Americans have had their
health coverage canceled, even though the President repeatedly
promised: If you like your health care plan, you can keep your health
care plan. Oftentimes he punctuated that with `` . . . you can keep
your health care plan, period.''
The President recently said he regrets that Americans find themselves
in that situation. Americans find themselves in that situation because
of the health care law which he rammed through Congress on a strictly
partisan basis. They find themselves in that situation because they
were told a very flat and emphatic statement by the President of the
United States, the leader of the free world. That emphatic direct
statement turned out not to be the case.
Americans are uncertain of how they will afford significantly higher
premiums. Employers are facing costly mandates. Now we learned at the
end of last week that Moody's has downgraded the economic outlook for
health insurers, citing the law's difficult implementation and the
administration's numerous delays. So Moody's downgraded the outlook of
these health insurers that are trying to make the law work.
As the country's chief executive, the President should start a
dialogue in his State of the Union speech tomorrow night that focuses
on ways to empower Americans to create jobs and opportunities. This
body is controlled by the Democrats. The other body is controlled by
the Republicans. We need bipartisan solutions to create jobs and
opportunities. We have seen a big government approach with more
burdensome regulations and more bureaucratic intrusions. We have seen
how that approach does not work.
The State of the Union offers the President an opportunity to outline
issues where he is willing to work with Republicans in a bipartisan
way. We should be talking about market-driven strategies to reform
health care. We should be talking about the Keystone XL Pipeline and
how to advance America's rich energy potential, the most abundant
energy sources in the world right here in America. Keystone XL Pipeline
would be a jobs win for the Obama administration. Yet the President
cannot bring himself to come forward on this bipartisan idea.
Of course the best welfare program is a jobs program. The best
unemployment program is one that creates jobs for Americans. Americans
are ready to go to work. Rather than focus on the politics of jealousy
and income inequality, the President should demonstrate leadership and
cooperation. In a divided government, both leadership and cooperation
are needed to bring about the enduring economic recovery this country
needs.
I look forward to the President's address tomorrow night and hope we
can hear bipartisan solutions to move us forward.
[[Page S473]]
I yield the floor.
MLB Hall of Fame Inductees
Mr. CHAMBLISS. Mr. President, I rise to pay tribute to three
gentlemen who, as a result of a vote taken by the baseball writers of
America a couple of weeks ago, are going to be inducted into the
Baseball Hall of Fame. These three men are former Atlanta manager Bobby
Cox and former pitchers Tom Glavine and Greg Maddux. These incredible
athletes have left their imprint not only on Georgians but on the
entire baseball community around the world. These three gentlemen are
among baseball's most accomplished coaches and players and will
deservedly be inducted into the National Baseball Hall of Fame in July
of this year.
So far as I know, there has never been three individuals who spent
most of their time with the same team, inducted into the Hall of Fame
in the same year--truly remarkable.
First, let me mention and honor Bobby Cox, a baseball legend and one
of Major League Baseball's winningest managers. With a record of 2,504
wins, he ranks fourth on baseball's all-time managers win list. Bobby
Cox started his career with the Braves in 1978. He left briefly in 1982
to manage the Toronto Blue Jays, only to return to the Braves in 1985,
where he would spend the remainder of his career until his retirement
following the 2010 season.
In 1995 he led the Braves to the World Series Championship, where
they faced the Cleveland Indians. The Braves won the series in game 6
in Atlanta, claiming the team's third championship in franchise
history. Aside from Bobby's remarkable .556 percent winning percentage,
he is also remembered for his all-time record for ejections in Major
League Baseball with 158. For those of us who know Bobby well and know
he is one of the nicest people you will ever meet--and he is a big
teddy bear--it is fair to say that if Bobby did not agree with a call
on the field, he was quick to express his dissatisfaction and his
disgust with it, and nobody could protect their players as a manager
better than Bobby could.
It was no surprise when he would sometimes find himself watching the
game ultimately from the locker room. No one can question Bobby's sheer
passion and love for the game of baseball. Both the city of Atlanta and
the State of Georgia are in his debt.
I would also like to acknowledge the impressive careers of Tom
Glavine and Gregg Maddox and highlight a few of their accomplishments.
As Greg Maddux and Tom Glavine combined for over 400 wins, they will
be the first players in 40 years who spent the majority of their
careers together to become Hall of Farmers in the same year. The last
to do so were New York Yankee players Mickey Mantle and Whitey Ford.
The Braves drafted Tom Glavine in the second round in 1984. He was
such a talented athlete that the very same year the Los Angeles Kings
drafted him in the fourth round to play professional hockey. Luckily
for the Braves and for baseball, he chose baseball.
He went on to spend 17 of his 22 decorated seasons in Atlanta. The
famous lefthander ended his distinguished professional career with 305
wins, 2,607 strikeouts, and two Cy Young Awards, which he received in
1991 and 1998, both as a Brave.
In the Brave's 1995 World Series victory, Glavine was named the most
valuable player. When the lefty pitcher grabbed the bat and stepped up
to the plate, we saw something not often seen in today's game. He came
out swinging and he could hit.
Glavine was the recipient of four Silver Slugger Awards, an award
given to the best offensive player at each position each year.
His teammate Greg Maddux was known as a right-handed control pitcher
with great precision and accuracy, not missing his targets often. He
wouldn't beat you with a 100-mile-per-hour fastball, but he would
embarrass you with placement and movement rarely seen before or since.
Maddux started his career in 1986 with the Chicago Cubs. Following
his seventh season with the Cubs, and with the Cy Young Award under his
belt, the Braves signed Maddux as a free agent in 1993, in what is
widely described as one of baseball's best free agent deals.
He then went on to win five more consecutive Cy Young Awards in a
Braves uniform. Maddux ended his career with 335 wins, a 3.13 ERA,
3,371 strikeouts, an impressive four Cy Young Awards, and a record 18
Gold Gloves in 23 seasons.
Together these individuals led the Braves to 14 straight division
championships--an unparalleled accomplishment in any sport. I daresay
that record will likely never be broken.
It comes as no surprise that the Braves have retired the numbers 6,
31, and 47 to celebrate and recognize the distinguished careers of
these three men.
I am pleased to join Georgians in congratulating Bobby Cox, Tom
Glavine, and Greg Maddux on their tremendous accomplishment of being
inducted into the National Baseball Hall of Fame.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Ms. LANDRIEU. Mr. President, I ask unanimous consent to dispense with
the quorum call and to speak for up to 5 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. LANDRIEU. Mr. President, at 5:30 today the Senate is going to
cast a very important vote to people in many States, not just the State
of Louisiana, which I have had the honor and the privilege of
representing now for almost 18 years, but to States from one end of
this country to the other, including coastal States and interior
States, on an issue that is very important to homeowners and business
owners alike. The vote we are going to cast is a vote to begin debating
a Menendez-Isakson bill that will fix the many urgent problems that
have presented themselves in a recently passed bill called Biggert-
Waters.
Biggert-Waters is a bill that had wonderful intentions, which were to
strengthen the flood insurance program and to make it self-sustainable.
It is a program many people depend on. It is a public-private
partnership that provides affordable flood insurance for the middle
class. But the bill was built backward and upside down. The bill had
good intentions, but it has had very detrimental consequences. So the
bill we are going to vote to go to debate on--the Menendez-Isakson
bill--is really a good-faith attempt to correct some of the problems
with Biggert-Waters and to lead us in a direction to a place where this
country can have a public-private partnership for flood insurance that
actually works for the taxpayer, for the millions and millions of
people--5 million plus--who are going to have to have flood insurance,
whether they have had it in the past or not. There are new maps that
are coming and millions and millions of people will be required by the
law to have flood insurance if they have a mortgage on their home, and
most people have mortgages. Most people are unable to pay cash for
their homes. Some people are fortunate to do so, but I would say 95
percent of the people have mortgages on their homes. So if people have
mortgages, they are going to be required to have flood insurance, and
if they are required to have flood insurance they will have Biggert-
Waters, unless we can postpone it and instead get Menendez-Isakson.
Many of the critics who are not supporting the reform effort we have
underway say we are trying to protect mansions on the beach. So I
pulled some random pictures from the Web page I set up called ``My Home
My Story.'' This is in St. Amant, LA, Walker, Belle Chasse, Chalmette,
Pointe Coupee, Mandeville--these are a variety of neighborhoods--
Independence, LA; New Orleans--there is no beach within miles of this
home. There is no beach within miles of Independence. This is very far
inland.
We can see this is a home where there is water all around here, but
this house is raised probably 13 to 17 feet, which is now the required
elevation in many parts of Louisiana and the gulf coast. But except for
this home, which looks like a beautiful old mansion, none of these are
mansions and none of them are on a beach. What is happening all over
America is that these flood maps are being put into place, not just on
the coast of California or Louisiana or Mississippi, Alabama, Florida,
but I call the attention of my colleagues particularly to inland
[[Page S474]]
States such as Pennsylvania. We have had a lot of criticism from some
of the representatives from Pennsylvania about what we are doing.
I ask unanimous consent to have printed in the Record the statistics
about States that are not coastal States such as Pennsylvania. We just
got some new material which I will submit for the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Community means any State, or area or political subdivision
thereof, or any Indian tribe or authorized tribal
organization or Alaska Native village or authorized native
organization, which has authority to adopt and enforce
floodplain management regulations for the areas within its
jurisdiction. The number of communities is approximate for
each state.
----------------------------------------------------------------------------------------------------------------
FIRMs
Effective Proposed FIRM FIRM
After Updates Updates Total
July 2012 Introduced Possible
----------------------------------------------------------------------------------------------------------------
AK............................................................ 5 10 10 25
AL............................................................ 50 50 150 250
AR............................................................ 30 15 50 95
AZ............................................................ 30 5 10 45
CA............................................................ 75 15 125 215
CO............................................................ 100 5 25 130
CT............................................................ 30 -- 25 55
DC............................................................ -- 5 -- 5
DE............................................................ -- 25 25 50
FL............................................................ 75 150 125 350
GA............................................................ 75 100 75 250
HI............................................................ -- 5 5 10
IA............................................................ 75 15 300 390
ID............................................................ 5 5 50 60
IL............................................................ 50 125 250 425
IN............................................................ 75 5 25 105
KS............................................................ 10 15 100 125
KY............................................................ 100 125 75 300
LA............................................................ 50 10 50 110
MA............................................................ 125 -- 50 175
MD............................................................ 50 100 10 160
ME............................................................ 15 100 150 265
MI............................................................ 75 -- 475 550
MN............................................................ 75 -- 100 175
MO............................................................ 75 5 100 180
MS............................................................ 50 75 75 200
MT............................................................ 50 5 10 65
NC............................................................ 15 300 250 565
ND............................................................ 125 5 5 135
NE............................................................ 30 15 50 95
NH............................................................ 50 25 -- 75
NJ............................................................ 10 350 75 435
NM............................................................ 25 -- 10 35
NV............................................................ 10 5 5 20
NY............................................................ 50 225 350 625
OH............................................................ 30 -- 300 330
OK............................................................ 100 50 5 155
OR............................................................ 30 50 15 95
PA............................................................ 425 700 300 1425
PR............................................................ 5 -- - 5
RI............................................................ 25 -- 15 40
SC............................................................ 75 75 50 200
SD............................................................ 50 -- 5 55
TN............................................................ 30 25 5 60
TX............................................................ 125 100 100 325
UT............................................................ 50 -- 50 100
VA............................................................ 15 150 15 180
VT............................................................ 25 -- 5 30
WA............................................................ 150 15 50 215
WI............................................................ 50 75 75 200
WV............................................................ 75 15 15 105
WY............................................................ 25 -- 5 30
-------------------------------------------------
Total Count............................................... 2,950 3,150 4,200 10,300
----------------------------------------------------------------------------------------------------------------
All of these dots on this map represent flood maps. The purple are
flood maps that are in effect. Green are proposed flood maps that will
be introduced, and gold are new flood maps that are possible. The State
of Pennsylvania is No. 1 in the number of new flood maps that will be
proposed, by a long shot. There will be 1,425 new maps in Pennsylvania
alone--people who have never been in a flood zone, people who will soon
be in a flood zone, and when they find out their insurance is $10,000
or $5,000 a year or $20,000 a year, they are not going to be happy, let
me assure my colleagues. Pennsylvania is No. 1. No. 2 is New York where
625 new maps are going to be executed; in New Jersey, 435 new maps; in
North Carolina, 565 new maps; and in Michigan, 550 new maps.
Everyone thinks this is a Louisiana issue. I have been trying to say
for a year and a half: Yes, this affects my State; yes, it affects
Mississippi and Georgia and Alabama. But the country needs to wake up.
This issue will affect people in many places, because of the new maps
that are coming out, because of the new science, the new ability to
measure elevations. There are going to be people who have never been in
a flood zone, and they are going to be told they are now in a flood
zone. We better get a program they can afford.
I thank Senator Menendez and Senator Isakson for their leadership.
They will both speak later this evening as we move to this vote. Let's
have this debate. Let's come up with a new approach that works for the
taxpayer, the homeowners, as well as the realtors, the bankers, and the
stakeholder groups that have been so supportive. Realtors, home
builders, the National Association of Counties, League of Cities,
Bankers Association, Community Bankers, and Independent Insurance
Agents are all supporting these efforts.
I yield the floor and thank my colleague for his courtesy.
The PRESIDING OFFICER. The Senator from Georgia.
Mr. ISAKSON. Mr. President, I ask unanimous consent to be recognized
for 1 minute.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. ISAKSON. Mr. President, I thank the Senator from Iowa for
allowing me to jump in front of him.
I commend the Senator from Louisiana and confirm everything she said.
The vote tonight on the motion to proceed is important. This is an
important debate not just for coastal States and not just for the
coastline but for the entire United States, because the unintended
consequences of Biggert-Waters as it goes into place are less insurance
coverage for less and less Americans and more damage in case of another
terrible storm such as Sandy or Katrina.
I commend the distinguished Senator from Louisiana and the coalition
she has worked with to bring this issue forward. I hope all of our
colleagues will vote yes on the motion to proceed this evening.
I yield the floor.
The PRESIDING OFFICER. The Senator from Iowa.
War on Poverty
Mr. GRASSLEY. Mr. President, tomorrow night we have the State of the
Union Address, and news reports say that one of the issues the
President will be speaking about is income inequality. That brings me
to something I should have spoken on a couple of weeks ago, because
January 8, 2014, marked the 50th anniversary of President Johnson's
call for a war on poverty. This anniversary provides a time to reflect
on and reevaluate its twin aims of poverty relief and economic
opportunity.
The goal of poverty relief is to ensure that even those who might
find themselves in tough times have sufficient assistance to meet their
basic human needs while lifting themselves out of abject poverty. In
other words, we have to make sure people have a roof over their heads
and food on their table, as minimums.
The goal of economic opportunity is to ensure the lower rungs on the
economic ladder are strong enough to support that climb out of poverty.
Economic opportunity is another term for the American dream that
through hard work, as we know, we can improve not just a person's own
lot in life but that a person's children and a person's children's
children will be better off.
If we judge the war on poverty according to the first aim, a good
case can be made that we have been very successful. Looking at the
official poverty level that is based on income prior to many transfer
payments, little has changed since 1964. However, consumption-based
studies show the poor are much better off today than they were decades
ago. A study available from the National Bureau of Economic Research
that looks at consumption rather than income shows over a 26-percent
decline in poverty since 1960.
There is little doubt that programs from Social Security to food
stamps, from Medicaid to heating assistance, have helped increase the
standard of living for those at or below the poverty level. However,
economic growth and the general decline in the cost of technology have
also been a great source of poverty reduction.
While providing relief from poverty is an admirable goal, the
American dream has always been about opportunity. As President Johnson
said in his State of the Union Address 50 years ago, the goal of the
war on poverty ``is not only to relieve the symptoms of poverty, but to
cure it and, above all, to prevent it.''
It is this goal of the war on poverty that has largely fallen flat.
As I referenced earlier, the official poverty level has changed little
in the 50-year fight on poverty, despite spending trillions of dollars
on antipoverty measures. In 1964, around 19 percent lived in poverty.
Today, according to the most recent census data, that number stands
only slightly lower at 15 percent.
We all know America is the land of opportunity. In America, we have
no caste system. Laws and social norms do not relegate any individual
or any group of individuals to lower social status. It can be tough,
but individuals can and do climb their way to the top. Sometimes this
process can take generations, but it has always been a
[[Page S475]]
source of pride that the next generation is better off and has more
opportunities than the generation that came just before.
Indeed, there is considerable upward mobility in our economy. A 2007
Treasury study on income mobility found that between 1996 and 2005,
around half of those taxpayers who found themselves in the bottom
quintile in 1966 moved to a higher income group in 2005.
How about the very top of the income distribution my colleagues are
fixated on? Contrary to what some may claim, those at the top are not
the same year after year. The Treasury study found of those taxpayers
who were in the top one-hundredth of 1 percent in 1996, only 25 percent
remained in that group in 2005.
While there is upward mobility in America, there is always room for
improvement. And there certainly are those who feel trapped in a cycle
of poverty.
Unfortunately, too often programs meant to help the less fortunate
can act as an anchor, preventing Americans from climbing up the ladder
of success. I have no doubt the vast majority of those living at or
below the poverty lines are very hard-working people. Our programs do
not act as an anchor because of the poor themselves but because too
often programs meant to help actually turn out to punish success. Too
often those who are seeking to escape generations of poverty feel as if
the harder they work, the further behind they get.
The landmark welfare reform legislation Congress passed in 1996
sought to lift the anchor off the backs of the poor. It sought to
increase opportunity by incentivizing individuals to work.
The welfare reform law was meant to reward personal responsibility
and a strong work ethic rather than punish these traits so essential to
success.
The landmark law established work requirements, requiring individuals
to work when job ready and within 2 years after coming on assistance.
To receive funding, States must require a minimum amount of work, and
that participation must be in hours by families receiving assistance.
This meets one of TANF's--Temporary Assistance for Needy Families--
primary goals: to end the dependence of needy parents on government
benefits by promoting job preparation.
In other words, if you are going to move up the economic ladder, you
have to be in the world to work. If you are shunted off to the side of
society, out of sight, out of mind, then there is no opportunity to
move up.
In the years that followed, those who argued dire consequences would
result, particularly for single mothers--these people were proven
wrong. Following the enactment of welfare reform, there was a
precipitous decline in welfare caseload and usage. At the same time,
the single mother labor force participation rose and their incomes
rose.
Unfortunately, President Obama has persistently implemented policies
that erode these statutory regulations; thereby, discouraging personal
responsibility and a strong work ethic.
On July 12, 2012, the administration issued what is referred to as
guidance to States about this TANF Program. This guidance explained how
States can now seek waivers of work requirements for welfare recipients
for the first time since the TANF Program was created in the 1996
welfare reform law.
The 1996 welfare reform helped families to enjoy the dignity of self-
sufficiency. It reduced poverty. Instead of pushing families out of
poverty, the President's policies trapped Americans in soul-crushing
government dependency.
While welfare reform made strides, too often those working hard to
get a leg up feel as if they are only treading water. In November 2012,
the Congressional Budget Office released a report looking at the
effective marginal tax rate of low- and moderate-income workers; that
is, how much extra tax or reduction in government benefits is imposed
on an American worker when he or she earns an additional dollar of
income; in other words, people are pretty sophisticated about looking
at how much they get in a government program, and if they go into the
world to work, are they going to be penalized for it instead of drawing
help.
According to CBO, in 2013, the average marginal effective tax rate
faced by low- to moderate-income workers was 32 percent. Keep in mind
this is just the average. Many workers experience marginal effective
rates far exceeding the top statutory rate of 39.6 percent paid by the
highest income people in America.
For an example, an economist with the Urban Institute calculated the
marginal effective tax rate of a single parent with two children under
various scenarios. Just one scenario examined what would happen if a
household income rose from $10,000 to $40,000.
Perhaps a single mother was able to increase her skills and earning
potential by taking classes at night at a local community college. If
this single mother had been receiving all the benefits she was eligible
for, she would face a marginal effective tax rate of 80 percent as a
reward for trying to make a better life for her and her family. That is
a far higher marginal tax rate than most on the left even proposed for
the much derided top 1 percent.
It is difficult to blame an individual in this situation who becomes
disgruntled and just gives up, not seeking employment. It is we in the
government who have tilted the scales against those low-income
Americans trying to realize the American dream. In order to alleviate
this disincentive, there must be a better coordination between benefits
and how they are phased out.
Instead of reducing this disincentive to work, in recent years we
have actually made it worse. The premium tax credit and cost-sharing
subsidies that were enacted as a part of the Affordable Care Act will
increase marginal tax rates by an average of 12 percentage points.
Moreover, according to an analysis by the Joint Committee on Taxation,
when the premium tax credit is fully in effect, some workers could
experience ``infinite marginal tax rates.''
Some of you may wonder what is an infinite marginal tax rate. To put
this into more understandable language, this means some workers could
actually face marginal effective rates exceeding 100 percent.
For a worker in this situation, it means if they decide to put in a
few more hours at work or get a second job to earn extra cash, they
could actually end up worse off financially. Of course, this is an
absurd result that tells people do not work hard, do not try to advance
your situation, because if you do, we are going to take it all away
from you.
Harvard economics professor and former chief White House economist
Greg Mankiw recently opined on this result saying: ``It is hard to
believe that the law is so badly written as to have this feature.''
Well, Professor, believe it or not, the President and the majority
party did enact this law with this feature, and they did so with the
full knowledge of the Joint Committee on Taxation analysis which I had
made public.
Often I hear my colleagues on the other side come to the floor to
pound the table about income inequality--something we are going to hear
the President talk about tomorrow night in his State of the Union
Address, we are told. There are a number of studies that examine income
inequality. There is great variation among these studies on how income
inequality is measured and the degree to which it has actually
increased over the years.
However, all these studies do point to some degree of increasing
inequality over the last several decades. That we have to admit. This
has occurred during both Republican and Democratic administrations. It
has also been occurring across most of the developed countries. It
happens not just in the United States but other places as well.
My colleagues on the other side of the aisle often cite income
inequality to justify whatever Democratic policy agenda is up at that
particular time. Whether it is taxing the rich, raising the minimum
wage or extending unemployment benefits, they cite income inequality to
justify their aims.
However, these policies either fail to address the root causes of
inequality or are nothing more than a temporary bandaid. Income
inequality is a symptom of much larger structural problems, not the
disease itself. Raising taxes might be successful at generating revenue
to fund greater wealth transfer payments, but it does nothing to
rectify what caused the inequality in the first place.
[[Page S476]]
Soak-the-rich policies do not create greater opportunity for low-
income individuals. In fact, because of the negative effects on
economic growth and capital formation, they can reduce opportunity not
only for the poor but for all Americans. Our country has historically
been a land of opportunity. Whether such policies are well intended or
cynical political opportunism, they are not worth trading away our
Nation's legacy of opportunity.
You do not have to take my word for the antigrowth effects of
increasing taxes. Research by Christina Romer, President Obama's former
chief economist, found that a tax increase of 1 percent of GDP reduces
economic growth by as much as 3 percent. According to this study, tax
increases have such a substantial effect on economic growth because of
the ``powerful negative effect of tax increases on investment.''
In effect, what those who pursue wealth-destroying redistributionist
policies are saying--to quote Margaret Thatcher--is that they ``would
rather that the poor were poorer, provided that the rich were less
rich.''
That may reduce inequality but at the expense of making us all worse
off. Our goal must be to create wealth and to create opportunity for
all Americans.
I reject the notion that in order to improve the lot of one
individual someone else must be made worse off. The leadership of the
majority has become fixated on redistributing the existing economic
pie. I believe the better policy is to increase the size of that pie.
When this occurs, no one is made better off at the expense of anyone
else.
This is best achieved through progrowth policies aimed at growing the
economic pie, not by taking from some and giving to others.
Similarly, increasing the minimum wage or extending emergency
unemployment benefits also fail to address long-term causes of
inequality. These proposals are well intended, and I myself have
supported both under the right circumstances but neither strike at the
heart of income inequality.
While there are many contributing factors, much of the research
points to the widening wage gap between skilled and unskilled labor. If
we are to address income inequality, the primary focus must be on
ensuring individuals have the skills necessary to compete in a 21st
century economy.
One way to accomplish this is through greater competition in
education through increased school choice. We should also further
expand our efforts made in 1996 to incentivize individuals to work and
ensure those who want to work can gain the skills that are necessary
for a 21st century economy.
There are certain ways we can help reduce poverty and promote
opportunity. However, just throwing more and more money at existing
programs is not the answer. According to a Congressional Research
Service report, Federal spending on low-income assistance programs as a
percent of Federal outlays has more than doubled since the 1970s.
No amount of money then will change the tried-and-true formula for
escaping poverty; namely, graduate high school, wait until marriage to
have children, and find a job and keep it for at least 1 year. While
even those who follow this formula can fall on tough times,
statistically it is rare that they will find themselves poor for a
sustained period of time.
We should be sure our laws and programs encourage rather than
discourage these three keys to success. One place to start is to take a
look at reducing or eliminating the marriage penalty that can arise in
both our tax laws and benefit programs.
The war on poverty will not be won as long as the value of marriage
is diminished.
You cannot disagree with the facts. Children in single-parent
households will face more challenges and are more likely to be poor.
Some economists say that children raised in single-parent homes are
four times more likely to be living in poverty. According to census
data, in 2012 just 6.3 percent of the families headed by married
couples are poor. In contrast, 31 percent of those in single-parent
households are poor.
Today, more children are born out of wedlock, more marriages are
dissolved, families are not as strong as they could or should be, and
we have a social problem that cannot be cured with more government
spending. The war on poverty must be solved in part by encouraging and
nurturing healthy families.
Of course, there is no magic cure-all for poverty. In fact, that is
the point. The notion that experts in Washington can wage a successful
war on poverty with spending programs as a weapon was never realistic.
We are dealing with real people, with real lives trying to realize
their dreams, not pieces on a chess board that we can move around as we
wish.
Our goal should be to tear down the barriers to economic opportunity
and simply get out of the way. When we discover that well-intentioned
programs designed to help the poor are actually trapping them in
generational poverty, we need to have the courage to chart a new
course.
The American dream is not to be dependent upon others for bare
substance but to have the opportunity to get ahead through your own
hard work and perseverance. All Americans deserve the self-respect that
comes from earning your own success in life.
Millions of immigrants have flocked to our shores because America
offered greater economic opportunity than any other nation. We are at
risk of losing part of what has made our society unique. We should
seize the opportunity of this anniversary of the war on poverty 50
years ago to reevaluate our approach to ending poverty and get back to
what has historically worked for generations of Americans, and that is
simply to promote economic opportunity.
I yield the floor.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. COCHRAN. Mr. President, my remarks to the Senate will deal with
the Homeowner Flood Insurance Affordability Act. I am pleased the
Senate is close to considering a bill to protect homeowners and
businesses from unintended increases in the cost of flood insurance.
In July 2012, as part of a larger legislative package that included
the highway bill and the Gulf Coast RESTORE Act, Congress passed the
so-called Biggert-Waters Flood Insurance Reform Act with no opportunity
for amendments. The Biggert-Waters Act generally succeeded in its aim
to strengthen and ensure the long-term fiscal solvency of the National
Flood Insurance Program.
But we need to take another look at a few of the act's reforms that
are causing a great deal of consternation throughout my State and the
rest of the country. At the time of its consideration by the Senate, we
knew Biggert-Waters might cause modest increases in flood insurance
premiums. Administration officials testified repeatedly before our
committees that the increases would be manageable for American
homeowners.
Unfortunately, the increases have been anything but manageable, as
skyrocketing premiums are driving citizens out of their homes and
threatening the future viability of entire communities.
These Americans are receiving notices that their flood insurance
premiums are rising to stratospheric heights, regardless of the fact
that their homes may have never flooded or despite investments in flood
control infrastructure and mitigation against future risk.
A constituent from Ocean Springs, MS, contacted my office to give us
her perspective on the legislation. She wrote:
Built in 1986, [my house] survived all hurricanes including
Katrina. I used my retirement savings to buy the house.
Before closing, flood insurance was grandfathered at $245 per
year. After closing, the rate skyrocketed to $18,450. You can
understand my shock.
If you do the math, her new rates are more than 75 times the rate
when she purchased her home. I hope Senators will vote to end this
debate tonight and proceed to the Homeowner Flood Insurance
Affordability Act. This is our opportunity to protect homeowners from
skyrocketing flood insurance premiums until Congress is provided
assurances from the administration related to affordability and the
engineering practices it is using to make flood insurance rate
determinations.
A study by the National Academies of Science produced in March 2013
has
[[Page S477]]
called into question some of the engineering practices the government
uses to determine rates. It is important that we make certain the
government's engineering practices and procedures are sound and
understand the implications of these rates before we allow them to
devalue private property and ruin people's lives. It will be very
challenging to rebuild neighborhoods or restore home equity once they
are lost. We must get it right.
The long-term solvency of the National Flood Insurance Program is
critical to protecting taxpayer investments, communicating flood risk
to homeowners and encouraging communities to invest in mitigation
measures. The reform legislation enacted in 2012 made positive changes
to the program. However, some of those changes are now working in
opposition to the broader goals of reform. These shortcomings are
alienating the very people the program is intended to help and actually
threaten to make the program less solvent in the long run.
The long term viability of the flood insurance program is important
to many inland and coastal States. The new insurance rates penalize
citizens, who have followed the rules and places the heaviest burden on
those who are just now recovering from recent disasters. In my State,
communities continue to work to overcome the damage caused by the
greatest natural disaster in our Nation's history, the effects of the
Deepwater Horizon oil spill in 2010, and now dramatic flood insurance
rate increases.
Our bill does not create new programs to address rising premiums. It
simply leaves in place some current practices so that we can make sure
the productive reforms we enacted in 2012 will actually improve the
credibility of the program among communities and homeowners. Our bill
would not affect the positive reforms related to expanding program
participation or the phase-out of subsidized flood insurance premiums
for vacation homes and homes that have a history of repeated flooding.
The consideration and passage of this bill would represent a
bipartisan consensus to make modest changes to existing law, while
protecting homeowners and steering the National Flood Insurance Program
onto a path to fiscal sustainability.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. MENENDEZ. Mr. President, I ask unanimous consent to speak for up
to 15 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MENENDEZ. Mr. President, I rise in support of the Homeowner Flood
Insurance Affordability Act, which I have sponsored with Senator
Isakson. It is a bipartisan, bicameral piece of legislation to ensure
that families will be able to afford flood insurance so they can stay
in their homes, businesses can stay open, and property values will not
plummet. This broadly bipartisan legislation will stop the most onerous
and damaging rate increases while minimizing the impact on the National
Flood Insurance Program's solvency.
I want to thank all of those who have supported the legislation, all
of our cosponsors, as well as the National Association of Home
Builders, the National Association of Realtors, the American Bankers
Association, the Independent Community Bankers of America, the
Independent Insurance Agents and Brokers of America, the National
Association of Counties, the National League of Cities, and Greater New
Orleans, Incorporated, who have all endorsed our bill.
I specifically want to thank my lead Republican cosponsor Senator
Isakson. I have had the pleasure to work with Senator Isakson on a
number of issues. I have come to respect his honesty and desire to come
together and get things done regardless of the issue.
I also want to thank Senator Landrieu who has been focused like a
hawk on this issue for years now. She is without a doubt the Senate's
preeminent expert on disaster recovery and flooding issues. The people
of Louisiana are fortunate to have such a tireless champion. She has
taken the time and effort to understand every aspect of flooding and
disaster recovery.
I saw that expertise firsthand when Senator Landrieu came to New
Jersey after Sandy struck and worked with us. I cannot thank her enough
for the valuable insight she gave to us as we were dealing with Sandy
recovery.
When Sandy struck New Jersey, over 2 million households were without
power, 346,000 homes were damaged or lay in ruin, and, most tragically
of all, 37 fellow New Jerseyans lost their lives. But true to our
State's motto we were Jersey tough. People who lost their homes were
knocked down but not out. They got up, dusted themselves off and
started the long process of rebuilding.
But just as they were getting started, they got hit by another
disaster, this time a manmade one that took the form of drastic flood
insurance premium hikes that threaten to finish the job that Sandy
started. I started receiving letters--first dozens, then hundreds, then
thousands of people pleading to me for help. They wrote in desperation
that their insurance premium was about to go from about $1,000 a year
to an incredible $10,000. They told me after exhausting all of their
savings on repairing and rebuilding their home, they simply had no more
to spare--none left.
They were being hit by what I have come to call a triple whammy.
First they got hit by the worst natural disaster in our State's
history. Then they were faced with drastically elevated premiums
mandated by Biggert-Waters. Finally, they had to contend with fatally
flawed mapping processes that further exacerbated the drastic rate
increases.
While Sandy made New Jersey especially vulnerable to the rate hikes
required under Biggert-Waters, make no mistake about it, this is not a
New Jersey or New York issue. It is not even a coastal issue. The
reason this bill has such broad support across the ideological and
geographical spectrum and the political spectrum is because flood
insurance is not just a coastal or a northeast issue, it is an issue
that affects the entire country.
The fact remains that 55 percent of Americans live within 50 miles of
the coast. National Flood Insurance insures more than 5.5 million
properties across all 50 States. Every State in the Nation will see
premiums on some of their properties increase as a result of Biggert-
Waters. As this map shows, FEMA is in the process of updating maps in
every State. The different colors are simply what the status is of that
effort.
People who played by the rules and built to code will suddenly find
that they are no longer in compliance and will be faced with a
difficult decision: Spend upwards of $100,000 to elevate their home 3,
4, 5 or more feet from its current level or see their annual insurance
premium spike from $1,000 to $10,000 to $20,000 over the next 5 years.
Not all of these increases will be so drastic, but the many that are
will act as a de facto eviction notice for homeowners who have lived in
their homes and played by the rules their entire lives. If they try too
sell their homes, prospective buyers will balk after learning of the
high premium cost that comes with it, leaving the owner no choice but
to sell at a fire sale.
This will drive down property values just as the housing market is
still struggling to recover. We all know that declining property values
have a domino effect, causing entire neighborhoods to decline in value,
which in turn hurts the broader economy. What is most alarming is the
fact that FEMA does not even know the size or scope of this problem.
They were supposed to complete a study into the affordability of rate
increases under Biggert-Waters by last April, but they failed to do it.
This was a mandated study that I was able to include in Biggert-Waters
because I knew that this was going to be a problem. The main reason for
the delay is they simply do not know what the new rates are going to
look like. They do not know how many families will see rates double or
triple--or many times more--so they cannot even guess on how these
hikes will affect affordability.
Think about that for a second. We are making dramatic changes in
policy that could impact more than 5.5 million policyholders--that is
really families. These changes can have ripple effects throughout the
housing market and our entire economy, before we even know the extent
of the changes and their impact.
That is simply not acceptable. No one can argue to me that is sound
public policy. In addition to the impacts
[[Page S478]]
on families, the housing market, and the economy, drastic rate
increases could actually have the perverse effect of undermining the
solvency of the program. It could end up costing taxpayers more in
disaster assistance payments by pricing homeowners out of insurance.
Recent reports suggest that only about 18 percent of properties in
the flood zones participate in the program. One study has shown that
for every 10-percent increase in premiums, program participation
decreases by approximately 2.9 percent, almost 3 percent.
If rates are raised too high and too quickly, people will simply opt
to drop their insurance, decreasing participation and the risk pool the
National Flood Insurance Program draws on. The sharper the increases,
the higher the proportion of dropouts. As with any insurance fund, this
is about spreading risk. The smaller the risk pool, the greater the
risk, and, therefore, the higher the costs. It perpetuates itself.
By pricing people out of the flood insurance program, increasing
rates could have the unintended consequences of actually making the
program less solvent. Reduced program participation would also increase
the amount taxpayers are on the hook in disaster assistance payments.
Since FEMA grants, SBA loans, and other disaster assistance are
reserved for unmet needs, more uninsured homeowners translate into more
disaster assistance payouts.
Not only are we blind to the extent of these rate hikes and the
effect they will have on program participation and the overall budget,
we are also allowing what I believe to be a highly questionable mapping
process to justify them. My experience with FEMA's map updates has led
me to have serious doubts about the process and the accuracy of their
results.
In December of 2012, FEMA released advisory base flood elevation
maps, or ABFEs, for 10 counties in New Jersey. These showed a dramatic
expansion of what are known as a V zone, which are high-risk flood
zones that require houses to undergo special retrofitting that is often
prohibitively expensive. For the thousands of families who were now in
this dread V zone, the notification they received might as well have
been an eviction notice, because they were never going to be able to
afford the retrofitting, and without it they couldn't afford their
premiums.
To be fair, FEMA did say that this first round of maps was
conservative and subject to change in the next phase of the updates,
but they maintained the changes would be minimal and the zones would
remain largely intact.
After working with municipalities and counties, challenging the
accuracy of these maps, and pushing FEMA to expedite their review
process, they finally released a new iteration that showed as much as
an 80-percent decline in the V-zone area in some of our counties. This
was not a small mistake or a rounding error, it was a fatally flawed
process that resulted in needless anxiety and frustration for thousands
of homeowners only months out from Sandy.
While this is bad enough, imagine how much worse the consequences
would have been if premium rates were increased to reflect these
inaccurate ABFEs. Families would be forced out of their homes and
homeowners would lose the most valuable asset they have--something they
have worked their whole lives for--all because of inaccurate maps.
While there is no question we need to put the flood insurance program
on a more solvent trajectory, we first need to understand the scope of
these changes and be sure the mapping process used to set these rates
is accurate. We need to understand the impact these dramatic changes in
Biggert-Waters will have on the housing market before it is too late.
Unfortunately, Biggert-Waters forces changes that are far too large,
far too fast, without having all the facts. It requires FEMA to
increase rates dramatically even before FEMA knows the scope of these
changes or how they will impact program participation. That is why our
bill would impose a moratorium on the phaseout of subsidies in Biggert-
Waters for most primary residences until FEMA completes the
affordability study that was mandated in Biggert-Waters and proposes a
regulatory framework to address the issues found in the study.
It would also require FEMA to certify in writing that it has
implemented a flood mapping approach that utilizes sound scientific and
engineering methodologies before certain rate reforms are implemented.
For any property sales that occurred during this period, the homeowner
would continue to receive the same treatment as the previous owner of
the property, unless they trigger some other provision of Biggert-
Waters not covered by this bill. For prospective home buyers, the
certainty that they will not see their rate dramatically increase
simply because they purchased a home is critically important to
maintaining property values.
Also, this new legislation would give FEMA more flexibility to
complete the affordability study. It would reimburse qualifying
homeowners for successful appeals of erroneous flood map
determinations. It would give communities fair credit for locally
funded flood protection systems. It would continue the fair treatment
afforded to communities with floodproof basement exemptions. It would
provide for a FEMA ombudsman to advocate for and provide information to
policyholders.
Just as important as what this bill would do, it is also important to
know what this bill will not do. The legislation would not stop the
phaseout of taxpayer subsidies for vacation homes and homes that have
substantially been damaged. It would not stop the phaseout of taxpayer-
funded subsidies for properties that have been repetitively flooded,
including the 1 percent riskiest properties that account for over one-
third of all claims. It would not encourage new construction in
environmentally sensitive or flood-prone areas, and it would not stop
most of the important reforms included in Biggert-Waters.
This legislation simply provides temporary relief to a targeted group
of property owners who played by the rules and are now poised to see
the most valuable asset in their life become worthless, all through no
fault of their own.
This bill doesn't include everything I wanted--and I know there are
many other ideas that other cosponsors wanted to include--but in order
to reach a true consensus, this bill focuses on ideas that had broad
bipartisan support. That is why we are here today, Democrats and
Republicans, asking for the support of the Senate on this vital piece
of legislation.
We tried to reach a delicate balance with this bill that recognizes
the need to improve solvency and phase out certain subsidies, but tries
to do so without discouraging program participation and thus
undermining solvency and fiscal responsibility.
Finally, this isn't only about insurance rates, tables, and actuarial
risk rates, it is about our fellow citizens. It is about people, people
who played by the rules their whole lives and are now facing a life-
altering event they never could have prepared or planned for.
If Biggert-Waters is allowed to be implemented as written, we will
see property values drop, middle-class families forced from their
homes, and our economy suffer.
The Homeowner Flood Insurance Affordability Act is a broadly
bipartisan, carefully crafted, tightly targeted approach to restore the
solvency of the program, while fulfilling the original intent of the
program to make flood insurance affordable and accessible. That is why
we hope our colleagues will vote yes on cloture so we can proceed to
provide relief to families before it is too late.
I yield the floor.
The PRESIDING OFFICER. All time has expired.
Cloture Motion
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the provisions of
rule XXII of the Standing Rules of the Senate, hereby move to bring to
a close debate on the motion to proceed to Calendar No. 294, S. 1926, a
bill to delay the implementation of certain provisions of the Biggert-
Waters Flood Insurance Reform Act of 2012, and for other purposes.
Harry Reid; Robert Menendez; Mary L. Landrieu; Sherrod
Brown; Richard Blumenthal; Joe Manchin III; Tom Udall;
Patrick J. Leahy; Bill Nelson; Christopher A. Coons;
Christopher Murphy; Mark R. Warner; Kay R. Hagan; Amy
Klobuchar; Tim Kaine; Thomas R. Carper; Dianne
Feinstein.
=========================== NOTE ===========================
On page S478, January 27, 2014, in the third column, the
following language appears: The assistant legislative clerk read
as follows:The PRESIDING OFFICER. By unanimous consent .
. .
The online Record has been corrected to read: The assistant
legislative clerk read as follows: Cloture Motion We, the
undersigned Senators, in accordance with the provisions of rule
XXII of the Standing Rules of the Senate, hereby move to bring to
a close debate on the motion to proceed to Calendar No. 294, S.
1926, a bill to delay the implementation of certain provisions of
the Biggert-Waters Flood Insurance Reform Act of 2012, and for
other purposes. Harry Reid, Robert Menendez, Mary L. Landrieu,
Sherrod Brown, Richard Blumenthal, Joe Manchin III, Tom Udall,
Patrick J. Leahy, Bill Nelson, Christopher A. Coons, Christopher
Murphy, Mark R. Warner, Kay R. Hagan, Amy Klobuchar, Tim Kaine,
Thomas R. Carper, Dianne Feinstein The PRESIDING OFFICER. By
unanimous consent . . .
========================= END NOTE =========================
The PRESIDING OFFICER. By unanimous consent, the quorum call has been
waived.
The question is, is it the sense of the Senate that debate on the
motion to proceed to S. 1926, a bill to delay the implementation of
certain provisions of the Biggert-Waters Flood Insurance Reform Act of
2012 and to reform the National Association of Registered Agents and
Brokers, and for other purposes, shall be brought to a close?
[[Page S479]]
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Iowa (Mr. Harkin), is
necessarily absent.
The PRESIDING OFFICER (Mr. Donnelly). Are there any other Senators in
the Chamber desiring to vote?
The yeas and nays resulted--yeas 86, nays 13, as follows:
[Rollcall Vote No. 14 Leg.]
YEAS--86
Alexander
Ayotte
Baldwin
Baucus
Begich
Bennet
Blumenthal
Blunt
Booker
Boozman
Boxer
Brown
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Cochran
Collins
Coons
Cornyn
Cruz
Donnelly
Durbin
Feinstein
Fischer
Flake
Franken
Gillibrand
Graham
Grassley
Hagan
Hatch
Heinrich
Heitkamp
Hirono
Hoeven
Isakson
Johanns
Johnson (SD)
Johnson (WI)
Kaine
King
Kirk
Klobuchar
Landrieu
Leahy
Levin
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Portman
Pryor
Reed
Reid
Rockefeller
Rubio
Sanders
Schatz
Schumer
Scott
Sessions
Shaheen
Stabenow
Tester
Thune
Toomey
Udall (CO)
Udall (NM)
Vitter
Warner
Warren
Whitehouse
Wicker
Wyden
NAYS--13
Barrasso
Coburn
Corker
Crapo
Enzi
Heller
Inhofe
Lee
Moran
Paul
Risch
Roberts
Shelby
NOT VOTING--1
Harkin
The PRESIDING OFFICER. The ayes are 86 and the nays are 13. Three-
fifths of the Senators duly chosen and sworn having voted in the
affirmative, the motion is agreed to.
The Senator from Ohio.
Mr. BROWN. Mr. President, I ask unanimous consent to speak for up to
10 minutes as if in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Extending Unemployment Insurance
Mr. BROWN. Mr. President, it has been almost 1 month since Senators
and House Members went home and failed to extend unemployment
insurance, a lifeline for 1.6 million Americans.
In my home State of Ohio, 52,000 have lost their unemployment
benefits--people who were working, lost their jobs, were looking for
work, and have had their benefits ended. Another 76,000 in my State
alone--from Toledo to Chillicothe to Cleveland to Dayton--will lose
their benefits by the end of the year.
This insurance program is not called unemployment welfare; it is
called unemployment insurance. People pay into it when they are working
and get the benefits when they are laid off, and they only receive
these benefits if they are actively seeking work. This is why it is
called unemployment insurance. This is a program which has worked. This
not only hurts the families who aren't receiving the unemployment
benefits of about $300 a week. It is also money which goes into our
economy and helps our economy grow.
A new report shows that because we didn't have an extension of these
benefits, we have lost $1.76 billion in economic activity just in this
1 month alone. Ohio has lost tens of millions of dollars.
What does that mean? It means people don't have $300 a week in their
pocket to go to the grocery store or to fix their car which they need
to look for work. They don't have money to go to the local store or to
buy clothes for their kids.
Economic experts have said extending unemployment benefits will
create 200,000 jobs in our country because of the economic activity
generated. So it is not just these families--in Ohio, 52,000 workers
and in many cases their families--who are hurting. It is also the
communities from Toledo to Steubenville, all over my State, and all
over this country. At a time when Congress should be helping to grow
this economy, our inaction slows growth and makes it harder to find
work.
We know we are still emerging from the worst recession since the
Great Depression. We have made progress, but there are still nearly 11
million Americans unemployed, and about 4 million have been unemployed
for at least 27 weeks.
When President Bush signed the latest round of emergency assistance
into effect, the unemployment rate was about 5.5 percent--more than 1
point lower than it is today. Today, the long-term unemployment rate is
more than double what it has been at any other time Congress has let
emergency jobless assistance expire.
Americans work hard. They want to work. Yet there is one job opening
for every three job seekers.
The same people who don't like unemployment insurance typically don't
like the way Social Security works--another social insurance program--
and typically don't like Medicare--another social insurance program.
Medicare, Social Security, unemployment insurance--they are social
insurance programs you pay into when you are working and get benefits
when you are not, whether it is Medicare or Social Security or whether
it is unemployment.
I will read a couple stories from real people affected by this. These
aren't just numbers. These are real people hurt when Congress doesn't
do its job.
Senator Jack Reed of Rhode Island has been on this floor over and
over. A number of us have pushed for this unemployment insurance
extension. We continue to be met by a threatened filibuster. The House
of Representatives continues to dig in and do nothing about
unemployment insurance because they simply don't believe in the
unemployment insurance program.
I'm in my mid-40s, have a Master's degree, and had an
excellent career history until I was laid off--through no
fault of my own--late last spring. I've been searching for
work for 7 months and hope to find something soon. While I am
encouraged that I have had five interviews in the last two
weeks, I know that if I am not hired soon, I will not be able
to pay my rent and buy groceries.
I would much rather be working, and I am doing the best I
can to find something. Please do not assume the long term
unemployed have given up. We have not. We need support in
continuing our search, however, so we can afford the bare
necessities.
The $300 a week for somebody like Emily--I don't know precisely what
she would get based on her income and all the years she worked and all
that she would need, but it is clear we are turning our backs on people
such as Emily from Lake County.
Matthew from Cuyahoga County:
I was laid off almost a year ago, and I have been
diligently looking for work but have not been able to find
anything yet.
One of my children was recently diagnosed with an
incurable, yet manageable disease, and the medical bills have
exhausted our emergency fund.
I have worked extremely hard my entire adult life to
provide a good life for my family only to see it threatened
by the continual bickering in Congress. For many of us, the
recession is not over.
Please work with other Senators to continue the federal
unemployment benefits.
That is what we are doing. We are going to continue to bring this
issue to the floor. We are going to continue to work to extend
unemployment insurance for people such as Matthew, for people such as
Emily.
Terry from Medina County writes:
I am a 59 year old single parent and have been diligently
looking for employment since November of 2012, [13 months]. I
have been able to secure some temporary work but not a
permanent job.
I have worked since I was 17 years old and I have never
been out of work before. I am also a college educated woman
with a Masters Degree in Public Administration. If I don't
find something soon, I may have to file for bankruptcy. My
house will likely go into foreclosure by the spring. My son
may have to live with his dad to finish out his last year of
high school, and he will struggle to obtain the necessary
finances to afford college.
Senator Brown, I want to work. I do not want to stay home
and collect unemployment or not utilize my brain, talents and
experience. I am an intelligent, capable, healthy person with
a lot to offer. . . .
It is time to stop blaming those who have been unemployed
due to these circumstances and stop publicly declaring they
don't want to work.
I could have brought 15 more letters to the floor from people who
have had long work histories, of people who lost their jobs because of
economic situation--not because of anything they did wrong--of people
who are looking actively for work, of people who simply want to
continue contributing to their family and to their community.
I urge my colleagues to get out of Washington, to do as Pope Francis
said when he exhorted his parish priests: Go
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out and smell like the flock. Go out and understand how people live and
what their lives are like and how people suffer if they cannot find
work and, where we can, do something about it to, No. 1, help the
50,000 families in Ohio and over a million around the country and, No.
2, help grow our economy by the infusion of these dollars into
communities that will make a difference in the lives of those families
and help to create jobs in our communities.
I yield the floor. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DURBIN. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DURBIN. I ask unanimous consent to speak in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Tribute to John Rogers, Sr.
Mr. DURBIN. Mr. President, last Friday at Rockefeller Chapel on the
campus of the University of Chicago hundreds braved the frigid weather
to pay tribute to a fallen American hero. The life story of John
Rogers, Sr., recalls an extraordinary chapter in the life of our
Nation.
Seventy years ago, during World War II, the first African-American
military aviators in the history of the United States Armed Forces
deployed to North Africa.
These brave men were part of the now-legendary 99th Pursuit Squadron
of the United States Army Air Corps. We know them better today as the
very first Tuskegee Airmen to be deployed overseas--the first of the
first.
During the war, Tuskegee Airmen were often referred to as ``Red
Tails,'' after the distinctive color of the aircraft tails. Many of the
bomber crews whose missions the Tuskegee Airman escorted over Nazi-
occupied Europe had another name for them. They called them the ``Red-
Tailed Angels'' because they made possible for so many other pilots to
come home after the war to their families.
Last Tuesday, one of those original Red-Tailed Angels went to his
final home. I am proud to say that I knew him and his family. His name
was Judge John Rogers. He was 95 years old. He lived in Chicago.
Let me tell you about him.
John Rogers was born in Knoxville, TN in 1918. His father was a
minister who also owned his own 12-chair barber shop. His mother died
of tuberculosis when Judge Rogers was just 4 years old. The family
lives across the street from Knoxville College, which John's parents
had both attended.
Their father instilled in John and his three sisters a reverence for
education. In addition to learning, young John Rogers also developed a
love of flying. These were years when flying was still a new miracle.
As a boy, Judge Rogers would construct his own model planes using
paper, string and the light wood from cheese boxes. When he was 9 or 10
years old, he walked miles from his family's home to the Knoxville
airport just to be able to say that he had touched an airplane. When he
was 12, he suffered another terrible loss. His father died of kidney
failure.
John and his three sisters moved to Chicago to live with his mother's
brother, a kind man who raised them in a loving home. Judge Rogers
attended Tilden Technical High School in Chicago, walking 4 miles each
way to school--8 miles a day.
After high school, he earned a degree from Chicago Teachers College.
He put himself through college working as a short-order cook, among
other jobs. After college, he became a teacher in the Chicago public
schools.
At the same time he was studying to be a teacher, he was also
learning to fly in the Army's Civilian Pilot Training Program in
Chicago, where all the instructors were black.
He received his civilian pilot's license in 1938, when he was 20
years old--one of only about 120 African Americans pilot in the whole
country at that time.
When World War II broke out, John Rogers tried to enlist in the Army
as a pilot. The Army told him that it didn't have any ``colored''
pilots and didn't have any plans to have any ``colored'' pilots,'' but
they had an opening for a truck driver. John Rogers told them: No
thanks. He said he figured if he was going to be in combat, it was
safer to be in the air than on the ground. So he volunteered in 1941
for a new Army Air Corps training program that had just been
established for African American pilots in Tuskegee, AL.
He became part of the 99th Pursuit Squadron, the first all-black air
unit, under the leadership of the legendary Lt. Colonel--later
General--Benjamin O. Davis. In April 1943, he one of the first 28
African-American pilots to go overseas.
The 99th was based in Northern Africa and flew escort and bombing
missions over Italy. Pilots of the 99th once set a record for
destroying five enemy aircraft in under 4 minutes. Even among such an
elite group of pilots, John Rogers stood out for his keen eyesight and
steady nerves.
Mark Hanson is curator of the Chanute Air Museum--formerly Chanute
Air Force Base--in Rantoul, IL, where the 99th was first activated. He
said John Rogers was revered as a pilot who was so good he ``could put
a 500-pound bomb through a building's window.''
A photo at the Chanute museum, taken by an armaments officer and
friend, shows John Rogers standing next to his P-40 Warhawk. An
inscription on the photo reads: ``This is Jack Rogers, the best dive-
bomber pilot in the business.''
Another photo of John Rogers and members of the 99th hangs at the
Smithsonian Air and Space Museum in Washington, DC.
The skill of the men of the 99th was well known among pilots,
especially by the British, who often asked for the Airmen's close-air
support.
What I am about to say here I read as I sat at that church service. I
looked at it and I said it must be a misprint, and I read it again and
it is true. All told, John Rogers flew 120 often dangerous combat
missions for his Nation, over Europe, most of it over Nazi-occupied
territory, and he rose to the rank of Army captain--120 missions.
After the war, he returned to Chicago. He decided at that time he
wanted to go to law school so he said: I am going to the best. He
applied over the phone at the University of Chicago law school. He was
told that he lacked ``the necessary qualifications.''
Undeterred, John Roger showed up the next day at the law school
wearing his Army officer's uniform. He said that someone who served his
country in war deserved a chance to at least take a test to prove that
he did have the qualifications to go to law school. So they gave him a
test and he passed it, and he attended law school under the GI bill.
He went to school year-round, summers too, and graduated ahead of his
class in 1948. He also, over time, earned a Ph.D. from Ohio State
University.
On his first day in law school, John Rogers met his future wife Jewel
Stradford, who would go on to become the first African American woman
to graduate from the University of Chicago law school. She later served
in the administrations of two Presidents of the United States. John and
Jewel Rogers have one son, John, Jr. Although they divorced after 15
years of marriage, they remained close friends until her death many
years later, and they both were actively engaged in raising an
extraordinary son who is my friend today.
Judge Rogers practiced law in Chicago for almost 30 years. He gained
a reputation as an outstanding attorney who was committed to justice
and to his clients--and to mentoring younger and talented African-
American lawyers.
In 1968, on a blind date, he met a fellow University of Chicago
graduate, an educator who was active with the NAACP fund. John Rogers
and Gwen DuBose dated for 33 years before marrying in 2001. They were a
good match, and they were devoted to one another.
In May 1977, John Rogers was appointed an associate judge in Cook
County, and several months later he was assigned to the juvenile
division. Some judges don't like the juvenile court and look for a
transfer. The cases can be heartbreaking and the proceedings occur out
of the public view,
[[Page S481]]
so juvenile court judges don't receive the publicity some of their
colleagues receive.
John Rogers loved juvenile court. He spent 21 years as a judge there
and eventually became the supervising judge. To the often-complicated
cases involving minors, Judge Rogers strove to bring wisdom,
compassion, and justice.
Gwen Rogers has a stack of letters from men and women who appeared
before Judge Rogers as youths and later wrote him letters thanking him
for giving them a second chance. There was one letter in particular
that he kept close and read several times. It was from a man who
appeared before Judge Rogers on three different occasions. On his third
court appearance, Judge Rogers said: ``I could send you to juvenile
detention and you would deserve it. But I still see a glimmer of hope
in you, so I am sending you to Boystown.'' He made it clear to the
young man that this was his last chance.
Years later that boy--now a grown man--wrote to him and said he
finished at Boys Town, went on to graduate from college, became a
minister, and founded a church in the Presiding Officer's home State of
Indiana.
Judge Rogers was the sort of man who became a father to many young
men who needed someone to look up to. The young man he really poured
his hopes and dreams into was his own son John Rogers, Jr. When John
Jr. was 12 years old, his parents invested in some stock for him. Every
birthday and Christmas after that, instead of toys John Jr. received
stock certificates. At the age of 16, he got his first summer job--that
was a family rule. Judge Rogers saved every dime he could in order to
send his son to the best school. Eventually John Rogers, Jr. graduated
from Princeton University. He would go on to found Ariel Capital
Management, now called Ariel Investments, the first African-American-
owned asset management company in America.
In 2007, the Tuskegee Airmen were honored right here in the U.S.
Capitol with a Congressional Gold Medal, the highest civilian honor our
Nation can bestow. The Tuskegee Airmen are the largest group ever to
receive the medal. About 300 of the airmen crowded into the Capitol
Rotunda on that cold March day to receive their medals. What an
incredible sight. Many wore red jackets, a symbol of their Red-Tailed
Angels reputation.
Afterwards, I was honored to host a reception in my Capitol office
for the 11 Tuskegee Airmen from my home State of Illinois. One of them
was John Rogers. Also joining us for that little reception was my
colleague at the time, Senator Barack Obama. What a moment that was to
see the arc of history and justice.
Five years later, President Barack Obama invited Judge Rogers and 14
other surviving Tuskegee Airmen to the White House for a screening of
``Red Tails,'' a George Lucas film about the historic flyers. Talk
about the arc of history--the first African-American President inviting
the first African-American aviators to the White House.
Judge Rogers, this man whose courage helped to break the color
barrier in America's military, first knew Barack Obama as a promising
young community organizer who was dating Michelle Robinson. The Rogers
and Robinson families go back a long, long way. When John Rogers, Jr.
was captain of Princeton's basketball team, he recruited Craig
Robinson, Michelle's brother, to play for Princeton. Craig Robinson
would later help persuade his younger sister to attend Princeton. There
they were all those years later, Judge Rogers, President and Mrs.
Obama, together in the White House watching a Hollywood film about the
Tuskegee Airmen.
Judge Rogers' granddaughter Victoria said her grandfather actually
watched the film three different times. Every time he moved his hands
as though he were flying. She said, ``He said he could remember the
tension.''
A while back Judge Rogers told a reporter: ``I hope there are planes
in heaven so I can fly, because you know how much I love to fly.''
Well, Judge, I hope there are planes there too for your sake, and I
hope you are sitting in first class or in the cockpit where you belong.
You earned it.
In closing, Loretta and I and our family extend our sincere
condolences again to Judge Rogers, his beloved wife Gwen, his son John,
Jr., his granddaughter Victoria, to the rest of the Rogers family, to
Judge Rogers' many friends, and all of those whose lives he touched and
enriched.
That gathering in that Rockefeller Chapel was such an outstanding
turnout of people in Chicago who wanted to pay tribute to the great man
John Rogers, Sr. He will be dearly missed.
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