[Congressional Record (Bound Edition), Volume 159 (2013), Part 10]
[Senate]
[Pages 15153-15156]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       CONTINUING APPROPRIATIONS

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

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

  While I understand the President's position on the law that now is 
referred to by his name, he also misses the point. On Monday night, the 
Senate had the opportunity to keep the government running. The Senate 
had a bill that funded the government and did so without delaying or 
defunding ObamaCare. As we all know, the Senate voted down that bill. 
So let me repeat: The government could have been kept open without 
delaying or defunding ObamaCare. Anyone who says anything different is 
simply not being accurate.
  What did the bill Monday night seek to do? The bill sought to delay 
the implementation of the individual mandate for 1 year and require 
executive

[[Page 15154]]

branch appointees to go to the exchanges. Those are changes to 
ObamaCare.
  Apparently, the President doesn't believe we are allowed to make any 
changes whatsoever to ObamaCare. I would respect that position if the 
President actually enforced it over the last several years, as he had 
bills presented to him that he signed and that actually made some 
changes in the health care reform law. In fact, Congress has made 
numerous changes to ObamaCare since it was signed into law. I have a 
list here, but it is a list I will read in its entirety so people know 
the President has accepted changes to his prime piece of legislation 
and so I can refute that the President isn't consistent when I go back 
now to his quotation when he says:

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

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

[[Page 15155]]

incomes. That is up from 48 percent in 1971.
  We are not talking about luxuries--just basic living expenses: food 
and clothing for their kids, a roof over their family's head, just 
getting by day-to-day. So many of our fellow citizens are working 
harder than ever and still feel as though they are falling behind. They 
wonder: Where is the country headed?
  This week, they are wondering more than ever, watching the spectacle 
here in Washington, watching the government shut down, grinding to a 
halt. I am hearing from my constituents, from people in New Mexico, and 
they are frustrated and worried. They are concerned about the U.S. 
Department of Agriculture crop payments, as we head into the harvest, 
when they need financing the most. They are concerned about being able 
to close on mortgages with Federal backing, with their loans on hold.
  Many New Mexicans are going to be furloughed without pay. This hurts 
their families and all the businesses that rely on them in our 
economy--restaurants, retailers, car washes, landscapers, any type of 
business one can imagine.
  This shutdown did not have to happen. We are not debating the amount 
of the budget. The fact is, House Republicans are demanding concessions 
just for keeping the lights on at the Federal Government.
  I think most Americans have two questions. How did we get into this 
mess and how do we get out of it?
  We are coming out of the worst recession since the Great Depression, 
but recovery is underway. We have seen 42 months of private sector job 
growth. That is 7.5 million jobs. That is hope for millions of 
families. We have had nine consecutive quarters of economic growth--the 
longest stretch since the recession hit in 2008. So we are slowly 
making our way back--not fast enough, with too many folks still 
struggling, and with great challenges for the future.
  This is a time for leadership, for working together. Americans expect 
their leaders to act as grownups. But they feel they are watching a 
schoolyard spat. Is it any wonder they hold Congress in such contempt 
or that they worry about the kind of country they will leave their 
children?
  Here is what we should be doing. We should have a farm bill by now. 
We should have comprehensive immigration reform, and we should have a 
serious budget--one that would get rid of sequestration's meat-cleaver 
cuts with targeted spending reductions, tackling the deficit, reforming 
the Tax Code, helping the middle class and small businesses, helping 
families and seniors who are struggling, moving ahead with smart 
investments in infrastructure, creating jobs, investing in our future.
  The Senate passed that budget 6 months ago. But the House went in a 
completely different direction. Their budget put tax cuts for the 
richest Americans above funding for education and ensuring the safety 
of our roads and bridges.
  Democrats and Republicans have differences. That is no surprise. But 
we still have a job to do. We still need to sit down and work it out. 
But a minority in the House has blocked our way forward--not once, not 
twice but time and time again.
  American families and businesses need a long-term budget. Businesses 
do not hire on a monthly basis. They need certainty and the confidence 
that their government is working to create an environment for growth. 
We are giving them neither; instead, we lurch from crisis to crisis.
  The worst thing about it is it does not have to be this way. This is 
a manufactured crisis, a series of self-inflicted wounds to our 
economy. The American people do not want this. They want a strong 
economy. They want jobs and a government that can actually get 
something done for the middle class, not just for Wall Street 
billionaires. The American people want a government that works, not a 
government shutdown.
  There is no logic behind this crisis. Why are we here? Because the 
other side wants to kill the Affordable Care Act. I respect the 
diversity of views in America and in Congress. But the Affordable Care 
Act passed Congress like every other bill. It passed the House, it 
passed the Senate, and the President signed it. If Republicans want to 
repeal this law, they should make their case to the American people and 
work to pass their own health care law. What is happening is 
unprecedented, disruptive, and undemocratic behavior.
  We heard a lot of indignation--hour after hour of it. But here is the 
thing: It does not stop the Affordable Care Act. This whole stunt has 
been a colossal waste of time, and wasting time is something we cannot 
afford. The real problems facing our Nation are still waiting.
  Everyone outside of a radical group of obstructionists knows this is 
silly, knows this is misguided and dangerous to our economy.
  The U.S. Chamber of Commerce, the Business Roundtable, business 
leaders from coast to coast--there is a loud chorus of: Stop. This is 
enough. But, so far, it is not loud enough.
  The Affordable Care Act is not perfect. I am not going to come here 
to the floor and say the Affordable Care Act is perfect. What law is? 
But it is the law of the land. It is being implemented. Shutting down 
the government does not change that. Here is what a shutdown does do: 
27,000 Federal employees in my State could be furloughed and lose their 
income. Nearly half of the civilian workers for the Department of 
Defense will be sent home. In New Mexico, that is over 6,500 people who 
help defend this country, and they may not be paid.
  Social Security applications could be jeopardized. Calls to SSA for 
help could go unanswered. Federal loans would be delayed for tens of 
thousands of folks trying to buy a home or applying for a small 
business loan. Those doors may be locked. National parks will close. So 
will museums and monuments.
  This hurts the tourist economy in my State and hurts small 
businesses. During the last shutdown, 7 million tourists were turned 
away. Our veterans, who already face too many delays in their claims 
for benefits, could face even more. During the last shutdown, more than 
400,000 veterans saw their disability and pension claims delayed.
  Students will also be hurt. Work-study and Perkins loan payments 
would stop. Pregnant women and mothers who need nutrition assistance 
for their children may not get it. All of this is because the other 
side wants to send a message on ObamaCare? Well, it has a very high 
price, costing our Nation billions of dollars every day and hurting 
Federal agencies, including our critical national labs such as Los 
Alamos and Sandia, in their important national security mission.
  Wall Street is on edge. Main Street is on edge. Families are worried. 
Communities suffer. There is another cost. The paralysis of government 
sends a terrible message, a terrible message of failure and 
dysfunction.
  What is next? The debt ceiling. Holding the credit of the United 
States of America hostage for political gain. Instead of serious 
debate, we have ultimatums. Instead of regular order, we have midnight 
shutdowns. Instead of compromise, we have all or nothing, take it or 
leave it.
  My friend from New Mexico, MSG Jessey Baca, summed it up well in an 
interview with KOB-TV back home. He said:

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

  Jessey is right. We need to start working together. We have not done 
that. So here we are on the wrong train, on the wrong track going 
nowhere. It is hurting families, hurting communities, could derail our 
economy with the recovery still under way.
  The hard-working families of this country want a government that 
works, not one that shuts down just to send a message. Meanwhile, those 
families wait--wait for us to meet the real challenges that face our 
Nation and that make a real difference in their lives and the lives of 
their children.
  Before I finish, I want to discuss the subcommittee I chair on 
Appropriations, the Financial Services and General Government 
Subcommittee. We

[[Page 15156]]

work with agencies that are critical to keeping the economy running 
smoothly. I have to speak up and make sure that those who are causing 
this shutdown know exactly how badly the country needs the government 
to reopen. This shutdown is jeopardizing consumer safety. It is adding 
to the uncertainty facing our financial markets. It is doing real 
damage on our economy.
  Our subcommittee funds the Small Business Administration. Small 
business owners are really going to take a hit in this shutdown. The 
SBA, Small Business Administration, is closed. I do not know about my 
colleagues, but the top concern I hear from small business owners in 
New Mexico is how hard it is to get a loan to expand. The SBA approves 
an average of $86 million in loans to small businesses each day. But 
while the government is shut down, our Nation's job creators are not 
getting those resources. If the shutdown continues, 28 million small 
businesses will no longer be able to get capital from the SBA to 
expand.
  There are other impacts too. Each day the government is closed our 
economy grinds down a little further. The shutdown is affecting the 
services that keep our capital markets safe. The CFTC, the Commodity 
Futures Trading Commission, will have just 4 percent of its normal 
staff during the shutdown. That means markets will be without effective 
oversight.
  We are about to hit the debt ceiling, our Nation's borrowing limit. 
It is a potentially dangerous financial situation. The shutdown has put 
our watchdog at the CFTC and the SEC to sleep. Global markets are open, 
Wall Street is open, but investor protection agencies are closed. It is 
an open invitation to financial abuse.
  The shutdown is also putting the safety of our children at risk. 
Christmas may seem far away, but companies are already working to get 
ready for the holiday season. They are shipping goods in from overseas, 
including millions of toys. During this shutdown, only 22 employees at 
the Consumer Product Safety Commission will be available nationwide. 
That is 22 people to inspect millions of imported toys and gifts, gifts 
that American families will be putting under the Christmas tree. These 
agencies were created by Congress to protect American investors and 
consumers, to help small businesses. It is a travesty that tea party 
Republicans in the House have been allowed to hold the country hostage. 
That is unconscionable. Real people are being hurt, the people who are 
going without pay, without veterans' benefits or survivor benefits, 
without important financial and consumer protections.
  You know the one that is the most devastating to me? People who are 
going without food. Here we are talking about millions of women and 
children in this country in poverty.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. I ask unanimous consent that the order for the quorum call 
be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Madam President, it has been 7 days since we passed a piece 
of legislation to fund the government. I wonder how many days it will 
be that the Speaker makes the American people wait to open the 
government. How long is he going to make them wait before the 
government is open? It is a real hardship not only to the hundreds of 
thousands of Federal employees but the people who depend on the Federal 
employees for their own jobs. So it is very unfortunate.

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