[Congressional Record Volume 160, Number 72 (Tuesday, May 13, 2014)]
[Senate]
[Pages S2924-S2930]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       HIRE MORE HEROES ACT OF 2014--MOTION TO PROCEED--Continued


                           Changing Direction

  Mr. REID. Mr. President, we have seen in the last week or two 
Republicans just throwing things at the wall hoping something will 
stick. They brought down the energy efficiency bill as a result of 
that. They rescinded informally an agreement that I was convinced we 
had. Here is why this happened. One need only look at why we have not 
heard these endless speeches in the House or the Senate on ObamaCare, 
the Affordable Care Act. That has dissipated. It has been several 
weeks--it is hard to believe but several weeks--since we have had a 
vote in the House on doing away with ObamaCare, repealing it. Why is 
that? There is no better illustration of why that is happening than 
something called ``The Plum Line'' in the Washington Post today. It is 
short, but I would like to read it. The headline is ``Going quiet on 
health care.''

       As Benghazi fever rises among Republicans--

  This is an editorial comment. That is another thing they threw at the 
wall to see if it would stick--

     the Hill reported yesterday that the House GOP has ``gone 
     quiet'' on Obamacare. There are no scheduled votes or 
     hearings on the Affordable Care Act. When contacted by the 
     Hill newspaper, most GOP campaign committees wouldn't say 
     whether they would launch any new attacks on the law.
       As the Hill put it: ``The lack of action highlights the 
     GOP's struggle to adjust its message now that enrollment in 
     the exchanges beat projections and the uninsured rate is 
     going down.''

  They have tried a number of things since ObamaCare is no longer very 
high on the radar screen. A couple of weeks ago they said they would 
change direction and go after me. One of my friends--a Democratic 
Senator--said: I wish they would do that in my State. Nobody knows who 
you are.
  The point is that they are getting desperate for something to change 
their tune. Benghazi is one. There will be other things that will come 
out in the next few weeks.
  I carry on reading this article:

       At the same time, it noted that GOP operatives overseeing 
     Senate races remain ``conscious of the need to keep a 
     drumbeat going against the law.'' The question now: If 
     Republican officials really are backing off on Obamacare, 
     will the base go along?
       A new CNN poll illustrates the situation nicely: It finds 
     that far more Americans want to keep Obamacare than repeal 
     it. At the same time, only a majority of Republicans want 
     repeal and only a majority of Republicans think the law is 
     already a failure.
       The poll finds that 49 percent of Americans want to keep 
     the law with some changes, while another 12 percent want to 
     keep it as-is--a total of 61 percent. Meanwhile, only 18 
     percent want to repeal and replace the law, and another 20 
     percent want to repeal it, full stop--a total of 38 percent. 
     That's 61 percent for keeping the law and 38 percent for 
     repealing it. Among independents, that's 55 percent to 44 
     percent.
       How is it possible that Americans can disapprove of 
     Obamacare but support keeping it? Part of the answer lies in 
     the another question CNN asked. It finds that a total of 61 
     percent say that it's a success or it's too soon to tell 
     whether it's a success. By contrast, 39 percent say it's 
     already a failure. Among independents, that's 58 percent to 
     42

[[Page S2925]]

     percent in favor of those who would give the law a chance to 
     work over time.
       All this is a reminder that at this point, attacks on the 
     law--such as they are, anyway--are all about keeping the base 
     lathered up in advance of the midterm elections. But there 
     are six months to go, and already even some Republican 
     officials appear to be realizing that the anti-Obamacare 
     energy is draining away.

  Remember, 61 to 38.


                             Tax Extenders

  Mr. President, it was not all that long ago the economy was in the 
throes of the great recession. Less than 6 years ago the world economy 
was taken to the brink of collapse before beginning a gradual recovery. 
While American markets have returned to their prerecession levels, the 
recovery for millions of workers and their families has been slower in 
coming. In Nevada, we continue to dig our way out of the recession. 
Although things are better, we still have a long way to go.
  Today the Senate begins debate on legislation that continues to help 
many Nevadans and countless Americans as they recover from the 
recession. This bill before us extends current tax provisions that have 
bolstered American families and businesses, saving money and growing 
our economy. For example, the Mortgage Forgiveness Debt Relief Act is 
something the State of New Jersey depended on significantly and Nevada 
and virtually every State.
  Nevada's home market was greatly damaged by the economic downturn. 
Many of my State's homeowners succumbed to foreclosure. For many years 
Nevada had the highest foreclosure rate in the Nation. For struggling 
Nevadans battling to keep their homes, the Mortgage Forgiveness Debt 
Relief Act offers much needed help.
  This provision provides relief to homeowners who otherwise would owe 
taxes on the debt forgiven through a mortgage loan modification. Here 
is why we did it. The IRS had a rule which said that if you bought a 
home for $10,000 and the recession hit and you had to sell it for 
$6,000, you would be taxed at the $10,000 rate. It is hard to believe, 
but that was the rule. That is why we passed this law. We are now 
trying to extend that. It is very important. It allows underwater 
Nevadans and those in other States around the Nation to get a measure 
of financial relief, while giving a much needed boost to the State's 
housing market.
  In addition to mortgage relief, this tax extenders legislation also 
includes an extension of the State and local sales tax deduction. No 
one has worked harder on that than Senator Cantwell from Washington. 
This deduction provides working middle-class families, many of whom are 
already pinching pennies, with a fair shot at providing for their 
families. It allows them to deduct local and State sales taxes, helping 
them keep more money in their pockets.
  The tax extenders bill is not only helping our constituents who have 
been victims of the economic downturn, it is also spurring job growth 
and local economies.
  The renewable energy tax credit has played an important role in 
Nevada's economy. This tax credit has helped attract investments of 
over $5.5 billion into Nevada's clean energy economy. So people who 
have never seen, for example, solar panels, come to Searchlight and you 
will see almost 4 miles of solar panels--millions and millions of them 
with no break for miles. It is amazing. It looks like--I remember when 
I was a kid we would drive the Las Vegas highway and we would see 
mirages. That is what it looks like. It looks like water, but it is 
not. It is solar panels covering miles and miles.
  The tax credit dealing with energy has been important. Through clean 
energy tax incentives, loan guarantees, and the State's renewable 
energy standard, Nevada is fast becoming a leader in the renewable 
energy world. As renewable energy grows in Nevada, jobs multiply. All 
Nevadans deserve a fair shot at a good stable job. An extension of the 
renewable energy tax credit is important to the State's energy 
consumers, local economies, and working families. That is the same all 
over the country, not only Nevada.
  There is something called the theater tax credit. The movie industry 
has had it for a long time, but that is a provision in this bill that 
boosts Nevada's economy and virtually every economy around the country. 
For example, Las Vegas and Reno are home to many theatrical productions 
that benefit from the extension of the film tax credit. The theater tax 
credit allows hotels and resorts in Nevada--and around the country--to 
invest in high-quality productions which draw tourists from around the 
globe.
  While the examples I just mentioned are especially important to 
Nevada, this legislation has many more provisions that benefit millions 
of people all across the country. For example, the research and 
experimentation tax credit promotes innovative development by some of 
America's best companies and requires that global companies receive 
this assistance to locate research and development centers in the 
United States.
  The work opportunity tax credit is important and provides an 
incentive to businesses to hire under- or unemployed Americans. There 
are also education benefits in this bill, such as the deduction for 
elementary and secondary teachers' out-of-pocket expenses. This 
deduction ensures that teachers who are going the extra mile for our 
children are not being punished financially.
  These are just a few examples of the beneficial credits and 
deductions that comprise this tax extenders legislation, but there are 
many others. Our constituents are depending on us to extend these 
provisions, many of which expired at the end of 2013. We will not pull 
the plug before our Nation's recovery is complete. By passing this tax 
extenders package, we will build our Nation's economy more quickly. We 
will continue to promote innovation, encourage industry, and create 
jobs.
  I urge my Republican colleagues to join us in passing this 
legislation. Let's work together to bring American families and the 
economy a fair shot.


                   Recognition of the Minority Leader

  The PRESIDING OFFICER. The Republican leader is recognized.


                           Senate Diminished

  Mr. McCONNELL. Many years ago, Senator Henry Cabot Lodge called the 
Senate ``the most powerful single chamber in any legislative body in 
the world.''
  Imagine making that kind of statement about today's Senate. Instead 
of a strong, independent voice at the vanguard of American 
policymaking, what has the Democratic-run Senate become? It has become 
a campaign studio, a late-night punch line, the place where the far 
left gets its way and the middle class gets left behind.
  We saw this again yesterday when the majority leader was so 
determined to prevent the consideration of Republican amendments that 
he killed every Democratic Senator's amendment in the process. He 
didn't seem to care about letting the more than 4 million people in my 
State have a say on one of the most important issues affecting their 
livelihoods--coal. He didn't seem to think the millions of Americans 
represented by his own Democrats deserved a meaningful say on energy 
either.
  Even after Senate Democrats from States such as Alaska, Maine, 
Colorado, and Arkansas put out press releases touting the kinds of 
ideas contained within their amendments, no amendments were allowed.
  The fact that some of these same Senators are now trying to convince 
others of how moderate and influential they are, it is ridiculous. By 
backing the majority leader's power play instead of standing up for 
their constituents, they show where their loyalties lie.
  Let's remember. The majority leader apparently thought the American 
people didn't deserve a say on energy, at a time when many in the 
middle class are struggling with high energy bills, a lack of jobs, and 
stagnant wages, the kinds of things that could be helped with smarter 
energy policy. He also blocked this debate at a time of growing global 
energy crises that demand American leadership.
  Moments such as those were when our country used to come together in 
the Senate, when we used to have a serious discussion and actually pass 
serious legislation to solve serious problems, but not today, not in 
the Senate anymore. Today it is a place where the majority leader seems 
to deliver a daily monologue about almost anything but jobs, where 
Democrats obstruct serious ideas and where they have shut down 
meaningful debate on so many major issues.

[[Page S2926]]

  Think back to last week when Senate Democrats declared that 
addressing global warming was the moral crusade of our time and then 
refused to even debate or consider legislative measures to actually 
address it or when the American people were calling out for us to pass 
jobs legislation and Senate Democrats put forward legislation that 
could actually cost up to 1 million jobs, all while they continued to 
block serious, House-passed job-creation bills.
  Meanwhile, Washington Democrats' repeated attempts to pass the buck 
on gridlock are now bordering on absolute farce, just a complete farce. 
Last week we saw a fact-checker from a major leftwing paper debunk one 
of their favorite talking points about filibusters, giving it the 
highest possible rating for dishonesty.
  The charges that have been made about Republican filibusters were 
given the highest rating for dishonesty by a left-leaning newspaper. 
This is what the fact-checker said: ``On just about every level, this 
claim is ridiculous.'' This is the fact-checker for a left-leaning 
newspaper responding to these daily charges about Republican 
filibusters: ``On just about every level, this claim is ridiculous.''
  So let's be clear. It is time for Senate Democrats to look in the 
mirror. Under Democratic rule, the Senate has become the place where 
serious legislation comes to die, the graveyard for good ideas. That is 
the main reason President Obama wants so badly to keep his Senate 
majority this November. It is his castle moat--the moat around the 
castle--the last thing standing between him and signing the serious 
legislation the middle class deserves but the far left hates. It is his 
buffer against having to approve things such as Keystone Pipeline.
  The Keystone Pipeline is a project almost everyone knows will create 
thousands of good jobs at a time when we need them very badly. It is a 
project the American people support overwhelmingly, but of course the 
far left hates it, and the far left controls today's Washington 
Democratic Party.
  I will tell you one thing the far left does like, though--seeing 
headlines such as this last week from the AP: ``Democratic Leader 
Blocks Senate Vote On Keystone.'' This is the President's majority 
leader they are talking about. Both he and they are hoping to keep 
their Senate majority this November so they can see even more headlines 
similar to that one.
  The American people are going to have their say. In the meantime, it 
is time for the majority leader to start worrying about today's Senate. 
The American people are tired of waiting for this body to act on the 
jobs bills Senate Democrats continue to blockade. They are tired of all 
the show votes.
  Our constituents already know the Senate Democratic agenda for the 
rest of the year was drafted by campaign staffers anyway. They would 
have been able to figure that out even if our Democratic friends hadn't 
just said it; that the agenda was drafted over at the Democratic 
senatorial committee. But enough is enough. The American people sent us 
to the Senate to do something about jobs and address the issues that 
actually matter to their daily lives. It is time the Democrats, who run 
the Senate, drop the diversions and finally work with us to do so.
  I yield the floor.


                       Reservation of Leader Time

  The PRESIDING OFFICER. Under the previous order, the leadership time 
is reserved.


                           Order of Business

  Under the previous order, the time until 11:10 a.m. will be equally 
divided between the two leaders or their designees.
  Mr. McCONNELL. 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. THUNE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                              Job Creation

  Mr. THUNE. Mr. President, last week the Wall Street Journal published 
an article entitled: ``Obama Team Crafts President's Midterm-Election 
Pitch.'' I want to read from the article's opening. This is what the 
article said:

       The White House is carving out a role for President Barack 
     Obama in this fall's midterm elections, which he will try to 
     pose as a choice between the parties' economic visions. . . . 
     The driving theory in the White House is that this election, 
     like every one since the 2007 recession, is foremost about 
     the economy. Mr. Obama already has been drawing contrasts 
     between his economic program and that of Republicans.

  That is from a Wall Street Journal article of last week.
  All I can say is that Republicans welcome this debate. We agree this 
election will be first and foremost about the economy, and we look 
forward to discussing the contrast between our economic program and the 
President's. I am just surprised the President wants to discuss it 
because even many Democrats realize the Democrats' economic record over 
the past 5 years isn't going to win them any elections.
  The Wall Street Journal article quoted Democratic pollster Mark 
Mellman, who said:

     . . . the key for Democrats is to frame the election as a 
     choice between governing philosophies. ``If it's a referendum 
     on whether you like the way Democrats have governed . . . 
     that's a harder election for us to win.''

  So since they can't run on their record, Democrats are going to make 
the case their philosophy offers the best hope for working Americans.
  The Journal goes on to quote Joel Benenson, a pollster for the 2008 
and 2012 Obama campaign, who says:

       The fundamental question here that the country faces is: 
     Which party has a philosophy and an approach that puts 
     average, hard-working Americans front and center? . . . We 
     ought to be making that the centerpiece of the campaign.

  Democrats have had 5\1/2\ years to take an approach that puts average 
hardworking Americans front and center, but their record has not been 
pretty. Despite the fact the recession technically ended almost 5 years 
ago, our economy continues to limp along. In the last quarter, growth 
averaged a miniscule one-tenth of 1 percent. Meanwhile, unemployment 
has remained at recession-level highs for the past several years.
  Last month 806,000 Americans gave up hope of getting work and dropped 
out of the labor force entirely. Currently, nearly 10 million Americans 
are unemployed, 3\1/2\ million of them for 6 months or longer. Over the 
5\1/2\ years the President has been in office, 6.7 million additional 
Americans have fallen into poverty.
  Household income has declined by $3,500. The poverty rate for women 
has increased to 16.3 percent, income for women has fallen, and 19.4 
million Americans have been forced to join the food stamp program.
  Meanwhile, prices have risen. Gas prices are 99 percent higher per 
gallon today than they were when the President took office. Health care 
premiums are more than $3,600 higher. College tuition has soared.
  Basically, thanks to the failed policies of the President and 
congressional Democrats, American families today are paying more and 
making less.
  It is all very well and good to talk about the concern for the 
average hardworking American, but what really matters is not what you 
say but how you govern by what you do. Democrats seem to think their 
speeches and good intentions and the ``philosophy'' should give them a 
free pass, even if their policies are making it harder and harder for 
working families to achieve economic security and stability.
  They want to coast on the fact that their party has historically been 
thought of as the party of working men and women, while ignoring the 
fact that the Democrat party today looks more like the party of 
billionaires and special interests than the party of hardworking 
Americans.
  Take the Keystone Pipeline. Blue collar unions strongly support the 
pipeline and the more than 42,000 jobs it would support. The Washington 
Examiner reported yesterday morning the 750,000-member-strong 
International Brotherhood of Electrical Workers is, as the paper notes, 
the latest of the growing number of traditional blue-collar unions 
taking an aggressive pro-Keystone position.
  In a letter to Senate Democrats, the IBEW's president writes:

       At a time when job creation should be a top priority, the 
     Keystone XL Pipeline project would put Americans back to work 
     and have ripple benefits throughout the economy. . . . From 
     pipe manufactured in Arkansas, to pump motors assembled in 
     Ohio

[[Page S2927]]

     and transformers built in Pennsylvania, workers from all over 
     the United States will benefit from the project.

  That is from the president of the IBEW.
  So given the jobs and benefits the pipeline would create, how do you 
think the President and the party of so-called average hardworking 
Americans has responded? Has he approved the pipeline and the jobs it 
would create for American workers throughout the country? No.
  Despite five separate environmental reviews from his own State 
Department, testifying to the minimal impact the pipeline would have on 
the environment, the President has aligned himself instead with far-
left environmental special interests like billionaire Tom Steyer, who 
is pouring money into anti-Keystone campaigns. So much for being the 
party of working men and women.
  Democrats may talk about putting hardworking Americans front and 
center, but over the past few years hardworking Americans have often 
come in last. Take ObamaCare. It is hard to even know where to start 
when talking about the negative impacts ObamaCare has had on American 
workers.
  There is the 30-hour workweek rule, which has forced businesses to 
eliminate full-time positions and cut workers' hours below 30 hours per 
week.
  There is the employer mandate, which has made it difficult or 
impossible for many businesses to expand and hire new workers.
  There is the tax on lifesaving medical devices, such as pacemakers 
and insulin pumps, which has already cost thousands of jobs in the 
medical device industry and which will eliminate many more if it isn't 
repealed.
  Then, of course, there are the numerous burdens placed on small 
businesses, the higher premiums and out-of-pocket costs, and the fact 
that the nonpartisan Congressional Budget Office estimates the law will 
shrink the full-time workforce by 2\1/2\ million workers and lower 
wages by more than $1 trillion.
  Who suffers the most from all those provisions? Average, hardworking 
Americans, the small business owner who can no longer afford to hire 
new employees, the middle-class family suddenly faced with a $10,000 
deductible, the low-income worker whose hours are suddenly slashed from 
35 to 25 hours a week, and the out-of-work American who can't find a 
job because businesses are too reluctant to hire.
  One would think the supposed party of average, hardworking Americans 
might sit back and rethink things a little bit after seeing the 
devastating economic impact of ObamaCare. But the Democrats and the 
President are pushing again with more job-killing policies.
  Recently, the Democrats and the President have been pushing for a 
massive 40-percent minimum-wage hike--a measure the Congressional 
Budget Office says could eliminate up to 1 million jobs. Even the 
President's own Federal Reserve Chair recently testified before 
Congress that a minimum wage hike would negatively affect jobs.
  Once again, the people most likely to lose their jobs as a result of 
this policy are those least able to afford it: Namely, low-income 
workers.
  Mr. President, Democrats can talk all they want about their 
commitment to ordinary Americans, but actions speak louder than words. 
It is going to be hard to convince people to believe, when their 
actions over the past 5 years have made things harder for working 
Americans, that they are actually on their side.
  If Democrats really wanted to provide permanent relief to the 
millions of Americans who are struggling to get by, they would focus on 
measures that would create jobs, improve wages, and expand opportunity.
  Instead of spending their time on far-left liberal policies and 
priorities, such as government-run health care and extreme 
environmental regulations, they would be supporting bills that have 
been offered by some of my colleagues here on our side of the aisle to 
provide one-time, low-interest loans to out-of-work Americans to enable 
them to relocate to cities and States with more job opportunities. That 
is a piece of legislation I have introduced. Or they could support the 
bill put forth by Senator Lee to improve workplace flexibility for 
working families; or the bill of Senator Hoeven, to approve the 
Keystone Pipeline and open up the 42,000- plus jobs it would support; 
or the bill of Senator Collins to fix the ObamaCare 30-hour workweek 
provision so we don't have so many part-time employees in this country 
and put more people to work on a full-time basis; or the numerous 
Republican proposals that have been offered by our colleagues to check 
EPA's overreach and to protect the millions of jobs EPA's proposed 
regulations could destroy; or the Democratic majority could allow an 
open amendment process to the tax extender bill we are going to be 
considering here soon to allow for the consideration of permanent tax 
relief measures for American families and small businesses.
  Because Americans deserve tax certainty and not more short-term 
measures, I intend to file amendments to the tax extenders bill this 
week to make a number of important progrowth provisions permanent, such 
as the ability for small businesses and farmers to expense more of 
their business investments. I intend to work with Senator Cantwell and 
others on an amendment to make permanent the ability of taxpayers to 
deduct State and local sales taxes against their Federal income tax--a 
measure that is important for States without income taxes like South 
Dakota. And I intend to work with my colleagues to make permanent the 
existing moratorium on State and local taxes on Internet access before 
that moratorium expires on November 1 of this year. Failure to act is 
going to mean a tax increase on the many millions of Americans who use 
the Internet.
  This week's tax debate also provides the Senate an opportunity to 
address the job-destroying taxes in ObamaCare. Several of my 
colleagues, including Senators Hatch, Toomey, and Coats, have been 
fighting for repeal, or at least delay, of the ObamaCare medical device 
tax. Repeal of this tax has the support of over 70 Senators, and it is 
time for a vote on this proposal.
  However, the ObamaCare taxes don't stop there. This year, millions of 
young, middle-class families will face a tax penalty for failing to 
purchase government-approved health care. Many of these individuals and 
families may not be able to afford ObamaCare and cannot afford to pay 
the tax either. I will be filing an amendment to the tax extenders bill 
that would prohibit the IRS from ever collecting this penalty.
  Considering this administration has already delayed the mandate for 
employers, it is only fair to waive this penalty for families and 
individuals as well.
  Finally, Mr. President, I will be offering an amendment to exempt the 
long-term unemployed from the ObamaCare employer mandate head count. If 
you are a business in this country and you hire somebody who has been 
unemployed for 6 months or longer, then you wouldn't be subject to the 
ObamaCare employer mandate, which is so devastating to employers across 
this country.
  The tax extender package on the floor today will reportedly retain 
the Hire Our Heroes Act, which is championed in the Senate by Senator 
Blunt. If that is the case, I am pleased to see the majority has 
finally realized the employer mandate is hurting the job prospects of 
veterans who have proudly served this country. We should expand this 
exemption to the 3\1/2\ million long-term unemployed as well, and that 
is what my amendment seeks to do.
  Mr. President, Democrats may claim to be the party of average 
Americans, but their record over the past 5 years says some things 
entirely different. Ordinary Americans are suffering as a result of 
Democratic policies, and they are not getting any relief. It is time 
for Democrats to stop talking about helping Americans and to start 
actually helping them.

  We have an opportunity with this tax extenders bill on the floor this 
week to do some things that are for jobs and the economy. If we can get 
a chance to get these amendments in front of the Senate and allow the 
voices of the American people to be heard and to get votes, we can 
start moving this country in a different direction--a direction that 
will lead to better paying jobs for middle-class families, a better 
standard of living for people in this country, and a brighter and more 
prosperous future

[[Page S2928]]

for future generations of Americans. I hope that will be the case.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Wyoming.


                              Health Care

  Mr. BARRASSO. Mr. President, I come to the floor today having heard 
the majority leader open this morning's session by talking somewhat 
about the health care law. He was referring to a headline that said 
Republicans were going quiet on health care. He then went on to say 
that ObamaCare is no longer very high on their radar screen.
  I will say, as a doctor and someone who goes home every weekend to 
Wyoming, this issue of people's health care--something very important 
to them--continues to be high on my screen and high on the radar screen 
of Americans all across the country because we are seeing all across 
the country that the President's promises have been broken. People 
can't keep what they had if they liked it. People are losing their 
doctors.
  There are many ObamaCare side effects, and one doesn't have to go 
very far today to see on the front page of the New York Times this 
morning an article related to the President's promises. He said: If you 
like your doctor, you can keep your doctor. If you like your hospital, 
you can keep your hospital. But in this front-page article, the first 
paragraph says:

       In the midst of all the turmoil in health care these days, 
     one thing is becoming clear: No matter what kind of health 
     plan consumers choose, they will find fewer doctors and 
     hospitals in their network--or pay much more for the 
     privilege of going to any provider they want.

  So the Senate majority leader may not want this to be a major issue 
in the minds of the American public, but it is because their health 
care is so personal.
  Americans hate to see taxpayer dollars wasted, but they are seeing it 
all across the country.
  I would note an article in Politico: ``474M for 4 failed Obamacare 
exchanges.'' Money completely wasted--taxpayer dollars--and didn't help 
patients needing care.
  The other day, The Hill: Cover Oregon flops. ``FBI looking into 
Oregon's O-Care rollout.''
  There are huge problems with waste.
  There is another article about problems in Colorado and problems with 
their exchange, and yet the story out today--what happened with the 
exchange in Colorado? ``Outrage over raise for Colorado health exchange 
CEO.''
  So the impacts are felt all around the country. And it is interesting 
to hear the Senate majority leader make his comments at a time when his 
hometown newspaper, the Las Vegas Review-Journal, had a headline story 
on May 4, 2014: ``Own a small business? Brace for Obamacare Pain.''

       Local business owners might be hoping the Affordable Care 
     Act's insurance mandates cover sticker shock. The law's 
     employer coverage mandate doesn't take effect until 2015, but 
     early plan renewals are starting to roll in. And for some 
     businesses, the premium jumps are positively painful.

  So I come to the floor having heard the majority leader's comments. I 
will have more to say about this later, as I see my colleague from the 
other side of the aisle has come to speak. But as one Senator and a 
physician and someone intimately concerned about the care the American 
public receives, their ability to get care--not empty coverage but 
quality, available care--this Senator, in spite of what the majority 
leader may say, is not going quiet on health care. It continues to be 
very high on my radar screen, as it is high on the radar screen of 
Americans who have been told many things by the President of the United 
States that turned out not to be true.
  That is why week after week I am going to continue coming to the 
floor to talk about the side effects of a health care law that is 
hurting patients in terms of keeping their doctor, lower costs--they 
are seeing higher costs--not being able to keep their hospital, and 
paychecks shrinking because of the health care law.
  I appreciate the indulgence of my colleague from Oregon, and I 
appreciate the opportunity to make reference to the majority leader's 
comments. Republicans--and certainly this Senator--are not going quiet 
on health care.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oregon.


                               EXPIRE Act

  Mr. WYDEN. Mr. President, this morning the Senate begins 
consideration of a tax cut bill. The Finance Committee agreed to call 
it the EXPIRE Act, and I am going to take a few minutes to talk about 
why it is so important that this bill be passed--and passed now. Here 
are a few of the key reasons:
  First, if the Senate doesn't act, veterans who are now packing job 
fairs across this country are going to face an even tougher struggle to 
get good jobs.
  Second, because the jobs most essential to our economy--the good-
paying, innovation-driven jobs needed to underpin a growing middle 
class--will be harder to create.
  Third, because just when underwater homeowners get hold of a life 
raft that keeps them in their homes, a big tax hike could yank it away.
  Fourth, because millions of students are already up to their eyeballs 
in debt, and without this they will go even deeper.
  In addition, producing clean energy will grow more expensive, risking 
the high-tech jobs every Member of Congress wants to protect.
  The EXPIRE Act addresses all of these issues and more.
  The second question that I think is going to be relevant to this 
debate is, What are the implications for the cycle of stop-and-go 
policies that have made the Tax Code in this country so unnecessarily 
complicated and uncertain? The EXPIRE Act ends that and builds a bridge 
to comprehensive tax reform. Many of these stop-and-go incentives are 
good policy, and they ought to be extended permanently. The EXPIRE Act 
gives the Finance Committee and the Congress the room to work on reform 
and decide which provisions to keep.
  For now, this is about balancing short-term needs and long-term 
goals. In the coming months, the Finance Committee is going to pursue a 
tax reform plan on a bipartisan basis that gives all Americans the 
opportunity to get ahead. But right now, what is needed is to protect 
jobs and deliver more certainty.
  On April 3 the Finance Committee passed the Expiring Provisions 
Improvement Reform and Efficiency--EXPIRE--Act. There was a strong 
bipartisan vote in the committee. We called the bill the EXPIRE Act for 
one reason: It is supposed to expire. I stated this morning that, on my 
watch, this is going to be the last time--the last time--the Finance 
Committee considers a tax extenders bill. Once this piece of 
legislation is enacted and behind us, the committee will move on to the 
critical next challenge; that is, comprehensive bipartisan tax reform.
  I will talk for a minute about how this package is going to help 
middle-class individuals and families.
  We all understand that a prosperous middle class is the key to long-
term economic growth for the country. This legislation boosts that 
cause by extending incentives that help workers get back on their feet, 
such as the work opportunity tax credit. This provision is a lifeline 
for our veterans in every State in the country because it encourages 
employers to hire the vets when they come home from overseas. Veteran 
unemployment is still at crisis levels. This bill is going to help 
address that.
  Thanks to work by Senators Portman and Cardin--again, on a bipartisan 
basis--the work opportunity tax credit is now going to be available to 
businesses that hire the long-term unemployed. They are the Americans 
who have been hit the hardest by the recession, and, without help, we 
are going to see them fall between the cracks. This legislation can be 
an important role in helping those Americans find good jobs.
  The EXPIRE Act also extends and expands the credit for research and 
experimentation. The reason this is so important is this is the 
lifeblood of innovation that is so important for our economy. Not only 
does this credit incentivize research and innovation, but thanks to 
good, bipartisan work--I heard that mentioned a couple times this 
morning, and we are going to hear it again--in this case, Senator 
Roberts, Senator Schumer, and others made adjustments to the credit to

[[Page S2929]]

make it work better for small businesses and for startup firms. Many of 
these firms just getting out of the gate can't really use the research 
credit in its current form, so the EXPIRE Act says to all of those 
startups that if they want to use the credit, we are going to make it 
easier to hire and pay workers. We are going to help them do that.
  Congress also needs to keep pushing business investments in 
innovation. That is why the EXPIRE Act extends incentives such as bonus 
depreciation and expanded business expenses. This makes it easier for 
companies to invest in new equipment and property and grow their 
operation and create more jobs.
  We know many of our communities are hurting. They have been battered 
over the past decade by the financial crisis and by an exodus of 
manufacturing jobs. So it is critical to drive investment to those 
communities to help promote growth and create good-paying jobs.
  The people in those communities hit--and hit hard--by this economy 
deserve a chance to achieve the American dream just like everybody 
else. That is why the EXPIRE Act extends provisions such as the new 
markets tax credit, which drives private investment to these hard-hit 
areas. The new markets tax credit leverages private funds to create new 
businesses in economically depressed communities. And thanks to efforts 
by my colleague from Ohio, Senator Brown, these credits are going to be 
available to boost manufacturing--areas that have lost some of their 
good-paying, blue-collar industrial jobs. Through this, we will see 
more private investment head their way.
  With the recent news of the economy's first quarter, the challenge of 
growing the economy--it is obvious our families and businesses need all 
the help they can get. That is why the EXPIRE Act allows families to 
continue to deduct their State and local taxes. Americans can already 
deduct their State income taxes thanks to a permanent part of the Tax 
Code. But families in States such as Texas, Florida, Washington, and 
Alaska don't pay State income taxes; they pay higher sales taxes. This 
legislation levels the field and lets families deduct their State and 
local taxes whether they are income or sales.
  As the housing market continues to come back from the great 
recession, we know millions of Americans are still struggling to stay 
in their homes. Many of our homeowners found themselves underwater, 
owing more in mortgage debt than their houses were worth. To make 
matters worse, just when they caught a break and had their mortgage 
payments lowered or their debt forgiven, they got hit by a giant tax 
liability. Imagine that. Once you get your head above water, a huge tax 
bill pushes you right back underwater.
  This legislation contains a provision to prevent exactly that 
situation from happening and to help keep American families in their 
homes by exempting their forgiven mortgage debt from taxation. And I 
feel particularly strongly about this because that is really phantom 
income, and middle-class Americans shouldn't get hit that way.
  Over the past several years, States throughout the country have been 
forced to make a lot of painful fiscal choices. Over the past several 
years, States throughout the country have been forced to make a lot of 
painful fiscal choices in many communities. The budget ax has fallen on 
education. Teachers routinely face classrooms of 30 to 40 students, 
often even more. Too often those teachers run short on supplies and 
then they reach into their own pockets--into their own pockets--to make 
up the difference. These are hard-working, middle-class professionals. 
What this legislation does is help those teachers just a little bit by 
letting them deduct up to $250 of those out-of-pocket expenses from 
their taxes. Oregon teachers deduct more than $9 million in classroom 
expenses each year.

  A college education is absolutely vital in our competitive, modern 
economy. For families and students paying for college, trying to deal 
with those skyrocketing costs and the mountains of debt they incur, 
this legislation extends the $4,000 deduction for tuition expenses. 
Oregon families use it to deduct more than $61 million in tuition and 
fees annually. It gets harder each year to maintain a middle-class life 
without a college degree. That is why this deduction is so important 
and why it is in this legislation.
  There is one last part of the bill I would like to touch on; that is, 
the incentive for clean energy. Previously I chaired the energy 
committee, and I saw how essential it was to generate investment in 
clean energy. It is an area of our economy that has been plagued by the 
stop-and-go nature of tax policy. Now is the time our country should be 
investing in low-carbon and energy-diverse alternatives. Some of the 
provisions in the EXPIRE Act have been extraordinarily successful in 
doing just that. The production tax credit for renewable energy that 
includes wind, geothermal, hydropower, and biomass has helped drive 
major growth in renewable clean energy. Wind in particular has boomed 
over the past 5 years. It now accounts for more than 60,000 megawatts 
of wind generation across the country. Wind energy production has more 
than doubled since 2008. That is enough to power more than 15 million 
homes and the energy supports more than 50,000 jobs. The growth of this 
industry has been a boon to manufacturing, supporting more than 500 
manufacturing facilities.
  Still, the wind industry is not immune to the stop-and-go nature of 
tax extenders. Growth has leveled off over the past 2 years, mostly due 
to the expiration and late retroactive renewal of provisions such as 
the production tax credit. It is critical, in my view, to provide 
certainty to these businesses. In the energy sector, electricity 
generating stations and refineries are major investments that can take 
years to plan and to finance and construct. That is why tax reform is 
so vital. Our country needs a long-term, stable energy policy.
  There are a lot of fresh ideas on how to improve energy policy in the 
Tax Code. As chairman of the Finance Committee, now-Ambassador Baucus 
put out a number of innovative, technology-neutral ideas that in my 
view deserve a significant amount of attention, but while working out 
those ideas in a transparent, bipartisan way, it is important Congress 
not let our domestic clean energy industry fall off the cliff, which is 
the reason this bill extends provisions such as the production tax 
credit through 2015.
  Clean energy is not just about generating more low-carbon 
electricity; it is also about using energy more efficiently in reducing 
our overall consumption. That is why the EXPIRE Act extends and updates 
the credit that helps out homeowners who want to improve their houses 
and make them more energy efficient. Whether it is through better 
windows, installing insulation, perhaps replacing a water heater or a 
furnace, this provision helps those homeowners. These improvements can 
dramatically reduce the amount of energy used to heat and cool American 
homes, resulting in lower electricity bills.
  The legislation improves this provision by cleaning up what has been 
current law and updating its standards. It will be easier to use and 
help push the boundaries on energy efficiency by allowing only the most 
energy-efficient improvements to qualify. Even in pushing for 
efficiency in how we use energy, it is important to make smart use of 
taxpayer dollars.
  Commercial buildings use a tremendous amount of energy--20 percent of 
all electricity consumed in the United States powers the places we 
work. By reducing this consumption, the United States can drastically 
cut emissions and lower costs for businesses. It is obvious the areas I 
have outlined make sense for our economy and they have bipartisan 
support. They are going to help spur investment and innovation, boost 
our communities, help disadvantaged workers, and continue to drive 
investments in clean energy and energy efficiency.
  A number of these provisions I have indicated should be made 
permanent, and it would be a mistake to simply let them disappear. In 
wrapping up, I wish to address the question: Why not make these 
provisions permanent now? Why not pass tax reform today? That would be 
my first choice.
  Everybody knows our Tax Code is in bad shape. It is complicated. I 
think calling it opaque would be a compliment. It desperately needs 
fixing.

[[Page S2930]]

We want a code that promotes economic growth and treats everyone 
fairly. A lot of Members have worked hard to develop ideas, but the 
reality is tax reform is not happening tomorrow. Reaching a 
comprehensive, bipartisan plan is going to take time, focus, and hard 
work.
  I know something about that because I have put as much sweat equity 
into bipartisan tax reform as any Member of this body, starting with 
our former colleague Senator Gregg. We sat next to each other on a sofa 
every week for 2 years to write the first bipartisan Federal income tax 
reform plan in 30 years. Senator Coats has joined Senator Begich and I 
in this effort and we are not alone. Chairman Camp has put forward an 
ambitious tax reform draft that lays out several ideas as well on how 
to make the Tax Code simpler. All of these proposals contain the kinds 
of ideas we ought to examine as we look to reform our Tax Code. Once 
the issue of these extenders is settled, I look forward to working with 
Senator Hatch and all our colleagues on a broad-based tax reform plan 
that will grow our entire economy.
  In the meantime, it would be a mistake to leave American families and 
American businesses out in the cold. Temporary provisions of the Tax 
Code continue to expire, leaving jobs, innovation, investment, and 
people's homes in limbo. By providing certainty to businesses and 
families for the next 2 years, the EXPIRE Act creates the space needed 
for true tax reform. I don't want us to lose sight of that during this 
debate. These extenders are important, but we are also going to talk on 
the floor about building a bridge to reform that this country 
desperately needs. We know there are inequities in the Tax Code. The 
inability to have the certainty and predictability we need is holding 
us back.
  We need to make sure we have a Tax Code that gives everybody in 
America the opportunity to get ahead, especially our hard-working, 
middle-class citizens, our entrepreneurs and businesses. Our people 
work hard for the money they earn each and every day. They want to pay 
their fair share, but when they are asked to contribute part of their 
paycheck each month, they deserve a tax system that is transparent and 
equitable. We need to simplify the code. We need to level the playing 
field. We need to get rid of the disparities between different types of 
income that elevates some workers over others.
  I encourage all of my colleagues today to, first, back this 
legislation so we don't see, for example, innovation and our veterans 
and teachers suffer as we work toward bipartisan tax reform; second, to 
be open about sharing their ideas with the Finance Committee and all 
Members about innovative bipartisan reforms that can improve our entire 
Tax Code. Voters send us to work. They are looking for results. They 
don't want to hear excuses about why families pay more for college or 
why homeowners face a huge tax bill after getting out from under a 
mountain of debt. Simply dropping those tax incentives sacrifices 
valuable priorities without getting the real job of comprehensive 
reform done. Let us pass the EXPIRE Act and let us move on to urgently 
needed bipartisan comprehensive tax reform.
  With that, I yield the floor.

                          ____________________