E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, TUESDAY, SEPTEMBER 24, 2013 No. 127—Part II Senate MAKING CONTINUING APPROPRIA- Mr. KAINE. So the Senator will not other State and another race between TIONS FOR FISCAL YEAR 2014— vote to continue government oper- two candidates, where one candidate MOTION TO PROCEED—Continued ations unless ObamaCare is defunded? took the strong position that Mr. CRUZ. The Senator from Vir- ObamaCare should be repealed and the In the Senator’s view, is it acceptable ginia is correct, and I have stated that other candidate took the strong posi- for the discussion of a government I will not vote for a continuing resolu- tion that ObamaCare should not be re- shutdown to threaten the nonmilitary tion that funds ObamaCare. I believe pealed. In that State, the candidate priorities that are important to the this body should not vote for a con- that won by a sizable margin was the American public? tinuing resolution that funds candidate who said ObamaCare should Mr. CRUZ. I appreciate the question ObamaCare. Why? Because the facts not be repealed, having been plain from the Senator from Virginia. I show it is not working. about it with the voters, and the voters would note, I do not think we should That is why the unions that used to having heard the choices and made a shut anything down except ObamaCare. support it are, one after the other, choice. Does the Senator think it is I think we should fund it all. Indeed, I coming out against it. also the case that a Senator in that hy- have indicated a willingness—the Sen- Mr. KAINE. I want to switch and ask pothetical State should come to the ator from Virginia knows well that I the Senator a question about body and do what he said he was going think we have a deep spending problem ‘‘MakeWashingtonListen.’’ That is the to do for his voters? in this country and Congress has abdi- second piece. If the Senator will let me Mr. CRUZ. I appreciate the question cated its responsibility and built a get back into a little bit of cam- from the Senator from Virginia. He record debt. paigning activity, he and I were can- raises a very good and a fair point. I It has gone from $10 trillion when the didates at the same time in 2012, and I think that point is particularly valid President was elected to now nearly $17 gather that he told his constituents for those Senators—I would note that trillion—over a 60-percent increase. So that he was opposed to ObamaCare and all three of the Senators in the Cham- if you ask me, do I like a continuing that he would vote to repeal or defund ber right now were elected in 2012. I it if he were elected to office. Is that resolution that funds everything the think the point that he raises is par- correct? Federal Government is doing without ticularly valid for those of us who were Mr. CRUZ. That is most assuredly significant spending cuts, no. I would ruining in 2012, when this was an issue much rather have real spending cuts, correct. Mr. KAINE. I believe I am correct before the voters. roll up our sleeves and address the out- Now, in the hypothetical given, of-control spending and debt. that the Senator won his election not by a small margin but by a large mar- which I am not sure is entirely hypo- But I am perfectly willing to vote for gin. Is that correct? thetical, what I do not know is the a continuing resolution that maintains Mr. CRUZ. Thanks to the work of a exact representation that candidate the status quo on everything, except whole lot of Texas men and women made to the voters in his or her State, for ObamaCare, because I view the across the State who really worked the exact statements that candidate gravity of ObamaCare, the threat of their hearts out. Yes, we were privi- made. I absolutely agree that he should ObamaCare to hard-working American leged to win the primary by 14 points honor the commitments made to the men and women so grave. As you know, and to win the general election by 15 people. I would also note that all of us in politics and in life you have got to points. have an obligation to take note of pick your battles. We have to pick our Mr. KAINE. Would it be fair to say changed circumstances, to take note of battles one at a time. that part of the Senator’s mission here new facts that come to light, and even So over time, I would prefer for us to is he told his voters what he would do. honoring your commitments does not work to have real spending cuts. But I They knew what the Senator would do mean that you ignore changed cir- do not think the avenue to doing that and chose him to do the job. One of the cumstances. is that we should shut down the gov- things the Senator is doing today on To give an example, prior to World ernment. In my view, we should not the floor with this effort is to basically War II, there were quite a few Members shut down the government. The only live up to the promise that he made to of this body and in the House of Rep- way a government shutdown will hap- them, and the mandate that they gave resentatives who campaigned and said pen—it may happen—is if majority to him? they would keep America out of the leader HARRY REID and President Mr. CRUZ. I would agree with all of war. Following Pearl Harbor, it was a Obama decide they want to shut down that. different circumstance. It was a the government in order to force Mr. KAINE. Let me offer a hypo- changed circumstance. I think, quite ObamaCare on the American people. thetical situation. Contemplate an- reasonably, people change their views.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6764 CONGRESSIONAL RECORD — SENATE September 24, 2013 Constituents change their views and ticularly close. I think it was a 53 to 47 President, would fight to maintain the representatives change their views percent election among the large size Affordable Care Act, and another based on changed circumstances. So I of a national electorate, rejecting the pledged to repeal it. would submit—listen, the argument repeal of the Affordable Care Act posi- How much they did it in ads and on the Senator makes is a serious one. I tion. TV I cannot count. I actually saw a lot would not encourage any Member of Is that something that this body of ads about the very subject in the this body to disregard the commit- should at least consider or take into battleground State of Virginia. But I ments they made to their constituents. account as we wrestle with this ques- think the voters knew exactly the posi- But I would, at the same time, en- tion? tion of the two candidates on this courage every Member not just to keep Mr. CRUZ. I appreciate the question issue. While it was not the only issue in mind the promises made on the cam- from the Senator from Virginia as well. in the campaign, it was an important paign trail but the ongoing views of Look, there is no doubt President one. They had that before them as they their constituents, because as cir- Obama was reelected. I wish he had not made the decision. cumstances change all of us respond to been. I obviously did not support his The last question I will ask is a little changed circumstances including our election, but the majority of the Amer- bit of a rhetorical one but it is a sin- constituents. So one must certainly re- ican people voted for him to be re- cere one. I very much hope that regard- spect the promises made, but at the elected. That is to his credit. less of the outcome of this debate over same time in the 9 months we have I would point out that I do not agree the next few days—and I strongly want been here, in the year since the 3 of us with one of the premises of the ques- the outcome of this debate to be that were active candidates, the situation tion proposed by the Senator from Vir- government continues and that we con- on ObamaCare has changed. ginia, which is namely that the na- tinue to provide the services that we Look, I very much was opposed to tional election was fought over need to provide, and that we save the ObamaCare a year ago, 2 years ago, and ObamaCare. I think the national elec- debate about health care reform for an- 3 years ago. At the time it passed, I tion—No. 1, President Obama is a spec- other day. But I very much hope that thought it was a bad idea. But a year tacularly talented candidate, a far the Senator introduces legislation ago, the unions did not oppose it. A more talented candidate than the Re- about health care reform ideas and year ago, the President had not grant- publican candidate. I think Mitt Rom- that the legislation not be wrapped up ed exemptions for big corporations. A ney is a good and decent man, but not with the question of whether govern- year ago, Members of Congress had not the political candidate that Barack ment should shut down or not but that gone to the President and asked for an Obama is. it be stand-alone legislation, that it exemption and got it. A year ago, we But, No. 2, once we got to the general not be wrapped up with a question of had not seen companies all over this election, much to my great dismay, Re- whether we should default on our debts country forcing people into 29 hours a publicans did not make the election or not, but that it should be stand- week. A year ago we had not seen one about ObamaCare. In fact, if you con- alone legislation. big corporation after another dropping trast the elections in 2010 and 2012, in I have a feeling that there are many their health insurance coverage, such 2010 Republicans ran all over the coun- Democrats and Republicans that would as UPS telling 15,000 employees: Your try on let’s stop ObamaCare. The result love to work on reform ideas. In this spousal coverage is being dropped be- was a tidal wave election for Repub- body and in the House we have a some- cause of ObamaCare. Your husbands licans in the House of Representatives what limited bandwidth. We are trying and wives have just lost their coverage. and in the Senate. It resulted in new to deal with a lot of different issues. So I would submit that the cir- personnel in both places. It resulted in Health care is a hugely important one. cumstances have changed. Republicans taking over the House of Its connection to the economy is Mr. KAINE. The last thing I would Representatives. It resulted in a sig- equally important, and I think there ask the Senator is—the three Senators nificant number of new Republicans in are a lot of Members here who would who are now in the Chamber are each this body. love to have a debate about reform. from different States. We all ran in In 2012, Republicans did not focus. In- But for the last 3-plus years the only 2012. I do not know about the presiding deed, the general election did not make debate has been about the repealing or officer’s situation. I was in that hypo- nearly as much of an issue about defunding instead of about reform. thetical, as you understand, running ObamaCare and how it was failing the That makes it a fairly simple vote for against a candidate who promised to American people as it should have. As many of us. It makes it a simple vote repeal ObamaCare. I promised to work a consequence, I think an awful lot of for many of us who feel as though the on reform efforts but to reject any ef- people stayed home. I will commend will of this body has been expressed, fort to repeal or defund ObamaCare. the Obama campaign. They did a fabu- that the Supreme Court has rendered The voters of Virginia chose the can- lous job of mobilizing their supporters. an opinion about the Affordable Care didate who was not for repeal of They also did a very good job of focus- Act, that the American public rendered ObamaCare. I do not know if it was the ing on a lot of issues other than an opinion about two positions in a same situation in Connecticut or not. I ObamaCare. Indeed, I would suggest to Presidential election in 2012. suspect it probably was. We each rep- the Senator from Virginia, that if the A defunding repeal strategy, which resent one State. premise of his question were correct, has been now done four dozen times by There was also a national election in then President Obama would have cam- the House, is actually a pretty simple 2012, between a candidate, a President, paigned on: I passed ObamaCare. Vote thing to move aside based on the fore- who said that the Affordable Care Act for me and let’s preserve ObamaCare. going, but if we set aside those efforts was the law of the land and I am will- We would have seen TV ads saturating and try to take up the kinds of con- ing to work on it and improve it, but I that this is the signature achievement. crete reform ideas the Senator talked will fight against efforts to repeal it or It was very interesting. That was not about earlier, I actually think there defund it, and a candidate who pledged the campaign President Obama ran. might be a number of things that we to repeal the Affordable Care Act. There was almost a bipartisan agree- could all do together to improve the An election result in a Presidential ment not to mention ObamaCare; un- situation, but we don’t need to do it election is listening to America, I be- fortunately, Republicans did far too while we are talking about the shut- lieve. I am a believer in this system. I little of it. But it is not like the Presi- down of the government or defaulting am a believer in democracy and the dent ran a lot focusing on it either. on America’s bills for the first time in power of Presidential elections and Mr. KAINE. I have a comment and a our history. mandates. I think the result in that final question. I am not skilled at how Thank you. I yield the floor, and I election between the candidate who campaigns are run, but I would chal- yield back. promised to maintain the Affordable lenge the Senator’s assertion. I think Mr. CRUZ. I appreciate the question Care Act and work to improve it and virtually everyone in the country who from the Senator from Virginia. Let the candidate who promised to repeal voted in the Presidential election in me say I appreciate the good faith and the Affordable Care Act was not par- 2012 knew that one candidate, the seriousness with which he approaches

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6765 this issue and the other issues before I would note that the Senator from number of Democrats. I don’t have the this body. One notable thing: Of the Virginia expressed an interest in posi- number in front of me, but a consider- three Senators who are on the floor tive reforms to address some of the able number of Democrats in the House right now, all of us are freshmen. One most egregious aspects of health care. I voted for that. The majority leader of of the things I appreciate about this would encourage the Senator from Vir- the Senate has said: No, we are not freshman class, as all of us came to ginia to direct those comments to the going to vote on that. Washington before we were sworn in as majority leader of this body because Yet another instance: We have all Senators, we had a weeklong orienta- the majority leader of this body has de- been astonished and dismayed by the tion process. We went and had dinners cided on this vote, that we will have abuse that has occurred in the IRS that with our spouses, and we got to know one amendment and one amendment has been made public and has been ad- each other as human beings. That is only, as far as I understand. That mitted to. Quite a number of Members something that doesn’t happen very amendment will be funding ObamaCare of this body would like to see the IRS often in Washington anymore. It used in its entirety. The majority leader has removed from enforcing ObamaCare. to happen in a bygone era, but it decided we are not going to have That is a position a large majority of doesn’t happen much anymore. amendments on the sorts of things the Americans support. The majority lead- One of the interesting consequences Senator from Virginia suggested, ways er of this body, as I understand it, has that not many people have commented to improve the system. said: No, we can’t vote on that. We are about—but it is something I find quite If, for example, the majority leader not going to have that positive reform. significant—is in the freshman class does not want an amendment, appar- We are not going to have a vote. We are there were far more Democrats than ently, on addressing the medical de- only going to vote to fund it all. Republicans, but to the best of my vices tax—a large majority of Senators There are a great many amendments knowledge, no freshman has spoken ill in this body voted during the Budget we could make that would make this of another freshman. I am not aware of proceeding against the medical devices situation better. It is only because the it if it has happened. I think part of the tax because we understand it is killing majority leader has decided to shut reason for that was spending that time jobs, destroying innovation, and it is down the Senate to not make this proc- together, getting to know each other one of the most punitive, destructive ess worse, but we are not having those as people. aspects of this bill. Yet the majority amendments. The Senator from Virginia and I dis- I thank the Senator from Virginia. I leader, as I understand it, said we are agree on a number of issues. Yet I hope would urge him to make those argu- not going to have a vote on that. Why? and believe that we each understand ments to the leader of his party and that the other is operating in good Because that would actually affirma- this institution so that we can have faith based on principles he believes tively help fix things, and so we are not full and open debate and vote on these are correct. That is a foundation for going to do that. I am putting words amendments because this isn’t work- actually solving problems and moving into the why, but that is the only rea- ing. It is fundamentally not working. forward in this country. son I can think of. We need to respond to the American Another example is Senator VITTER’s One of the unfortunate consequences people. We need to listen to the Amer- amendment to repeal the congressional as you see both sides of this Chamber ican people, and we need to fix it. pommel each other is that many of us exemption. I understand many Mem- At this point I wish to return to read- don’t even know each other. One of the bers of Congress don’t want to be in the ing some more tweets. As the night interesting dynamics, from my per- exchanges, don’t want to lose their goes on, I hope to read even more spective, is that many of the senior subsidy, don’t want to have the same tweets. I would encourage anyone who Democrats frequently choose to say rules apply to them that apply to mil- would like to see—the folks in the gal- some fairly strident things directed at lions of Americans. I understand that lery who just waved, I am not sure if me. Many of them I don’t really know. personally, but I think it is utterly in- they have their electronics. If you do I haven’t had the opportunity to get to defensible for Members of Congress to tweet, it may end up here and I may know them, and I have had conversa- be treated better than the American have the chance to read it, the tions with freshman Democrats asking people. I think we ought to have a vote ‘‘MakeDCListen.’’ the senior Republicans: Do you know on the Vitter amendment. Make D.C. listen because ‘‘We the People’’ them? The answer I have been told is, I have stated before that I think it are on to you and will not stand for tyranny. not really. We sit on committees, but ought to be expanded so that every Hoorah. most of us are on four or five commit- Member of Congress, all the congres- I like that. tees. We are running from one hearing sional staff, the President, the political Defund ObamaCare because if I can’t get a to another. You often run into a hear- appointees, and every Federal em- job now, what hope will I have later. Make ing, you ask a few questions, you run ployee should be subject to ObamaCare. D.C. listen. out, and you are off to the next meet- They shouldn’t be exempted. There Make D.C. listen because it makes entry- ing. You are meeting with your con- shouldn’t be a gilded class in Wash- level jobs disappear for young Americans. Make D.C. listen because I want to keep stituents, you are doing this and doing ington that operates on different rules than those of the American people. my own doctor. Defund ObamaCare because that. You don’t have an opportunity to we don’t want government-run health care. get to know each other. I am hopeful That would be a positive reform indeed. Make D.C. listen. that the good will we have seen among Indeed, I would suggest it would be a ObamaCare is a job killer. We can’t afford the freshmen can spill over more populist reform. Yet the majority lead- it. Make D.C. listen. broadly. er has said: No, we can’t vote on that. Make D.C. listen. If it is bad for Congress, I wish to say also, on the point the I am going to assume part of the rea- they have no right to force it on their con- stituents. Vote to defund it. Senator from Virginia made about rea- son is because having a debate on that, I want my 40 hours. Make D.C. listen. sonable and productive amendments to on the merits—the position that Con- Start listening to the people instead of improve the system, look, it is very gress should have a privileged position who is lining your pockets. We are the ones difficult to have the sorts of reforms I is indefensible. who vote. Make D.C. listen. have talked about with ObamaCare in Another example: The House of Rep- Here is a tweet from Greg Abbott, my place because ObamaCare has so domi- resentatives has voted to delay the in- former boss, the attorney general of nated the health care market. It has dividual mandate. They have said: Lis- Texas, who is running for Governor of made government the chief mover and ten, if you are going to delay the em- Texas, and a very good man. operator. You can’t have positive free ployer’s mandate for big businesses, ObamaCare is destructive to our economy, market reforms with ObamaCare there. why treat big businesses better than to jobs, to liberty, and to health care access. The approach I am advocating doesn’t individuals and hard-working Amer- Make D.C. listen. work as long as ObamaCare makes the ican families? Let’s delay them both. If Thanks, boss. I appreciate it, and I government the chief mover and oper- you are going to delay one, delay them agree. ator. That is much the same in situa- both. Make D.C. listen by committing to always tions and nations that have adopted That passed the majority of the cast your vote for those who do listen and single-payer socialized health. House—and, indeed, a considerable act accordingly.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6766 CONGRESSIONAL RECORD — SENATE September 24, 2013 Make D.C. listen because government is premiums would drop by $2,500. The But what is happening in Ohio? Well, too large already. end of his first term, as we know, was the Ohio Department of Insurance an- ObamaCare violates our rights. We cannot, last year, and that hasn’t happened. nounced ObamaCare will increase indi- as America, allow this ‘‘solution’’ to con- That has not been the effect. vidual market health premiums by 88 tinue. Make D.C. listen. What has happened instead? Accord- Small business owners. If ObamaCare is percent. That is not a mild increase. implemented, I will be forced to drop my ing to a Kaiser Family Foundation re- That is not a percent or two. Eighty- group insurance for my employees. Make port in 2012, the average cost of pre- eight percent is a big deal for a family D.C. listen. miums for family coverage has risen by struggling to pay their bills. When can the citizens expect our way. If more than $3,000 since 2008. Now, $3,000 In California, ObamaCare is esti- everyone else is getting them, shouldn’t we compared to $2,500 is a $5,500 swing. mated to have increased individual make D.C. listen? That is a big swing. That is a big im- health insurance premiums by any- That is a great point. Why is it that pact for any hard-working American where from 64 percent to 146 percent. President Obama treats giant corpora- family. In Florida, Florida’s insurance com- tions and Members of Congress better But you know who is impacted the missioner Kevin McCarty told the than hard-working Americans? I think most? Those who are struggling the Palm Beach Post that insurance rates it is indefensible. Yet this body right most. Single moms, working one or will rise by 5 to 20 percent in the small now, unless we act differently, is going two jobs trying to feed their kids, try- group market and by 30 to 40 percent in to allow that status quo to continue. ing to put food on the table. You know, the individual market. The same Senators should live by the same $5,500 a year is a real difference. The If the men and women in America rules as the American people and should not consistent pattern is that the people can easily afford to pay an extra 30, 40 be controversial. It should be obvious. Make who are the biggest losers under percent or, in the case of California an D.C. listen. ObamaCare are the most vulnerable extra 146 percent on health insurance, That is exactly right. among us—they are young people, Afri- then we don’t have anything to be wor- Congress has exempted itself and staffers can Americans, Hispanics, single ried about. But when I travel home from the monstrous law for an obvious rea- moms. They are the ones not able to that is not what the men and women of son. Don’t we deserve the same? Make D.C. get jobs, they are the ones being laid America tell me. That is not what Tex- listen. off from their jobs, they are the ones ans say. Texans say they are working Make D.C. listen. Make Americans finally being forcibly put into part-time work hard to make ends meet; that their life see what is in the bill, and we hate it. Thank you for standing up to the status at 29 hours a week, they are the ones has gotten harder because of quo in D.C. facing skyrocketing health insurance ObamaCare. Senate phone lines are jammed. Start premiums, and they are the ones losing A constituent in Vidalia, TX, wrote using facts, social media. Go to . . . their health insurance. on September 19, 2013: And it lists a private Web site for a The actuarial firm of Oliver Wyman I decided to do some research on list of Twitter accounts. estimates premiums in the individual ObamaCare insurance for me and my hus- market will increase an average of 40 band since neither of us have any insurance. Make D.C. listen. percent. The Society of Actuaries esti- I used the calculator to calculate how much I think that point, by the way, is mates an average premium increase of ‘‘affordable insurance’’ would cost us. I had really quite potent, that as effective as 32 percent in the individual markets. really hoped this might be our chance to get the phones are—I think the phones are insurance. To my SHOCK it would cost us The Obama administration unilater- $16,026, and this was for the silver plan, very effective—there is e-mail, ally delayed a provision of the law that Facebook, Twitter. There are an awful which only pays 70 percent. My husband is limits out-of-pocket payments—e.g., disabled and receives Social Security bene- lot of ways for the American people to deductibles, copayments—to $6,350 per fits, but they say he cannot get Medicaid for speak up and make DC listen. individual or $12,700 per family. 2 years after he was approved. He has an- Today the Cleveland Clinic saved my dad’s According to Avik Roy, a senior fel- other year before he qualifies. He is 62 and I life. The U.S. Senate saved their jobs. Make low at the Manhattan Institute and am 56, and we have been without insurance D.C. listen. writer for Forbes.com: since he lost his job 4 years ago. There is no possible way to pay $16,026 from our take- That is powerful. If you compare the cheapest plan on health home pay, plus have to pay an additional 30 How can any American support a law that care.gov to the cheapest ‘‘bronze plan’’ on percent cost on any health costs we may punishes success. That is unAmerican. the new Covered California insurance ex- incur. This is not affordable health care. The Defund ObamaCare now. Make D.C. listen. change, premiums for healthy 25 year olds crime of it all is that if my husband and I do Defund ObamaCare because it is a tax that will increase by 147 percent, a median of $183 not enroll we will be fined. This is crazy. was never read until it was passed. ‘‘We the on the exchange versus $74 today; and pre- Please stop this madness. People’’ demand representation. Make D.C. miums for healthy 40 year olds will increase listen. by 149 percent, a median of $234 on the ex- I will pass on some more words from Defund ObamaCare because it will ruin our change versus $94 today. And because Cali- Texans. Today we received welcome generation and will destroy America and the fornia bars insurers from charging different news of support from several of our American Dream. Make D.C. listen. rates based on gender—and so do Colorado, friends in the Texas legislature who are ObamaCare is destructive to our country. Maine, Massachusetts, Minnesota, Montana, backing our effort to fund the govern- Defund ObamaCare. Stand up for our free- New Hampshire, New Jersey, New York, Or- ment and to defund ObamaCare. The dom. Make D.C. listen. egon and Washington—the war on young peo- If ObamaCare is so great, why is everyone ple’s premiums will fare just as poorly for Texas Conservative Coalition—67 mem- not going to have it? Make D.C. listen. women in California and many other States. bers of the Texas legislature—released The Congress, the President, and Federal Despite ObamaCare subsidies, many Ameri- a letter which I would like to read. It workers have forgotten they work for us and cans will still be paying higher premiums in begins: should have to obey the same laws and rules 2014 as a result of ObamaCare. Dear Senators Cornyn and Cruz and Texas we do. Make D.C. listen. Even with the government subsidy Members of the House of Representatives: Make D.C. listen. My children cannot get they are going to be paying higher pre- Representing the State of Texas, with its 26 full-time jobs because of ObamaCare. Can’t miums. million people, we write at this most urgent wait to see how much my premiums will go hour for you to do all you can to defund up during open enrollment. Defund For example, Americans earning as little ObamaCare and fund the Federal Govern- ObamaCare because it is not good enough for as $25,000 will still pay more, even including ment. Congress. Make D.C. listen. subsidies. We have done all that we can to help stop The American people are screaming to The Ohio Department of Insurance— ObamaCare from harming Texans. No. 1, we STOP OBAMACARE. Make DC listen. Leave we talked about this earlier, how every refused to create the ObamaCare health ex- us alone. 4 years both parties focus rather in- changes and No. 2 we have refused to expand At this point I want to talk about the tensely on Ohio. When it is a Presi- the Medicaid Program under the false pre- topic of rate shock. We all remember dential year, when it is a swing State, tense of taking Federal money now while 1 burdening taxpayers with millions of dollars some 3 ⁄2 years ago when President suddenly Ohio is the center of the uni- in new costs later. Obama told the American people that verse. We get to 2013, a nonpresidential But some of the most pernicious parts of by the end of his first term the average year, and Ohio seems to command an ObamaCare can only be stopped at the Fed- American family’s health insurance awful lot less attention in this body. eral level. Only you can stop the Federal

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6767 Government from enforcing the individual ing Medicaid expansion. I applaud repeal-reform of Affordable Care Act. mandates. Only you can stop the government those conservative leaders—Governor Cites loss of benefits to members, harm from creating a new budget-busting entitle- Haley in South Carolina, Governor to industry and multiemployer health ment that will drive up the cost of insurance Walker in Michigan, Governor Jindal plans. around the country. Only you can stop Fed- eral bureaucrats from drafting and imposing in Louisiana, Governor Bentley in Ala- Washington, DC. The United Union of thousands of pages of redtape. And only you bama, Governor Brownback in Kansas, Roofers, Waterproofers, and Allied can stop the Federal Government from de- and many others—but particularly Workers International President stroying the quality of our health care sys- Governor Perry in my home State of Kinsey M. Robinson issued the fol- tem. Texas. Texas leaders in the House and lowing statement on April 16, 2013, call- Therefore, we applaud the action of the Senate elected statewide have stood ing for a repeal or complete reform of United States House of Representatives on united to resist the influence of the President’s Affordable Care Act. Friday, September 20, 2013, to pass a bill that This is not the union calling for a defunds ObamaCare and funds the Federal ObamaCare in our State. But the trag- Government. Next, it is up to Senators Cor- edy is, even with their efforts, Texans slight adjustment. This is the union nyn and Cruz to hold the line and make sure still aren’t exempt from its negative calling for repeal: Repeal the law out- Democratic Senate majority leader HARRY impact. right. REID does not use procedural tricks to strip Governor Perry in March of 2012 said: Our union and its members have supported the defunding language from the House bill. ObamaCare will cost the State of Texas at President Obama and his administration for I would note—and this is not in the least $27 billion over the next 10 years. both of his terms in office. letter, this is me speaking—this is ex- Senator Jane Nelson, Texas Senator So these are President Obama’s sup- actly the debate we are in the middle and chair of the Senate House of porters. These are the labor unions. of right now. The vote on Friday or Health and Human Services, said in But regrettably, our concerns over certain Saturday on cloture is going to be the September 2012: provisions in the ACA have not been ad- dressed, or in some instances totally ignored. critical vote in this battle in the Sen- ObamaCare is the wrong approach to our In the rush to achieve its passage, many of ate. If Republicans stand together, we health care challenges. It does more harm the act’s provisions were not fully conceived, can prevent HARRY REID from shutting than good. It will hurt our economy, elimi- resulting in unintended consequences that off debate, we can prevent HARRY REID nate jobs, balloon the State budget, and per- are inconsistent with the promise that those haps most importantly stretch to the limit from funding ObamaCare using 51 who were satisfied with their employer-spon- our already overburdened health care sys- Democratic votes on a straight party- sored coverage could keep it. These provi- tem. line vote. But that is only if Repub- sions jeopardize our multi-employer health licans stand together. If Republicans, Senator Nelson also observed: plans and have the potential to cause a loss instead, choose to vote for HARRY REID, Texas is a large, geographically diverse of work for our members, create an unfair choose to vote for giving the Demo- border State with challenges that are unique bidding advantage for those contractors who crats the ability to fund ObamaCare, from other States. The one-size-fits-all ap- do not provide health coverage to their then that too will be our responsi- proach of ObamaCare is wrong for Texas. If workers, and in the worst case may cause given the opportunity, we can design an effi- bility. And it will be incumbent upon our members and their families to lose the cient system that better meets the needs of benefits they currently enjoy as participants each of us to explain to our constitu- our citizens. in multi-employer health benefits. ents why we voted to allow Harry Reid In March of 2012 Senator Nelson ob- For decades, our multi-employer health and the Democrats to fund ObamaCare served: and welfare plans have provided the nec- despite the fact it is destroying jobs essary medical coverage for our members and hurting millions of Americans. ObamaCare creates more problems than it and their families to protect them in times Returning to the letter: solves, ballooning the deficit, overwhelming of illness and medical needs. This collabora- our health system, and burdening employers We know Republican Senators will need tion between labor and management has at a time when they are just struggling to been a model of success that should be emu- continued support from the Republican-led survive. House to prevent Democrats from funding lated rather than ignored. I refuse to remain ObamaCare. Together, we can prevail. Re- In March of 2010 Senator Nelson ob- silent or idly watch as the ACA destroys member the spirit of so many Texans who served: those protections. have fought much worse odds in the past. In Texas, I am deeply concerned about the Let me read that sentence again, be- Stay strong, stay resolute, and do not give devastating impacts Federal health care re- cause that is coming from the leader of in. forms will have on our State budget. The a labor union that has supported Presi- I am thankful my home State of Health and Human Services Commission es- dent Obama in two elections: timates it will cost up to $24 billion over a Texas has such principled conserv- I refuse to remain silent or idly watch as atives among its elected officials to 10-year period. Considering our projected budget shortfalls for the upcoming legisla- the ACA destroys those protections. I there- have fought hard to resist ObamaCare, tive session will be somewhere between $9 fore call for repeal or complete reform of the and I am very grateful for their sup- billion and $16 billion, it is clear that our Affordable Care Act to protect our employ- port and their encouragement. Their Health and Human Services budget—which ers, our industry, and our most important leadership is the reason Texas has one accounts for a third of the total spending al- asset, our members and their families. of the strongest economies in the Na- ready—will continue to consume precious re- Let me ask right now. Do Members of tion and is one of the fastest growing sources that would otherwise be available for the Senate have concern for hard-work- States in the Nation. Texas is proof our schools, our highways, and other impor- ing union members? Do Members of the that conservative principles put in tant services. I am concerned that the Fed- Senate have concern for the families of eral Government’s plan will jeopardize our hard-working union members who are practice actually work and provide op- efforts on the State level. One size does not portunity for the most vulnerable fit all, especially in Texas. Our State govern- saying in writing, We supported the among us. ment spreads more health care dollars across President, but this law isn’t working? There is a reason why so many people more terrain than any other State. We have If Members of the Senate were listen- from all across this country are mov- challenges along the border in our remote ing to the people, this letter would get ing to Texas, and it is because Texas is rural areas and in our inner cities that are our attention. If Members of the Sen- where the jobs are. If you look across unique to our State and our costs will be dis- ate were listening to the people, Demo- this country, ObamaCare is killing jobs proportionately high. cratic Senators and Republican Sen- all over this Nation. One could perhaps listen to those ators would stand up and say, This I want to look now at the impact to who say: Those are conservative Re- thing isn’t working. my home State of Texas. ObamaCare publicans. We expect conservative Re- The IRS employees union doesn’t will devastate jobs, growth, and the publicans to oppose ObamaCare. But want to be subject to ObamaCare. The economy. It hasn’t even been fully im- how about others? How about those union representing IRS workers, plemented and yet it is already hurting who are not conservative Republicans? tasked with enforcing ObamaCare, vo- Americans, even those in conservative On April 24, 2013, the United Union of cally opposes participating in the law’s States that have worked hard to resist Roofers published a press release op- exchanges. IRS union leaders provided the influence of ObamaCare. posing ObamaCare because it jeopard- their members with a form letter ex- According to the Advisory Board’s izes their existing health plans. Their pressing concern with legislation to Daily Briefing, 15 Governors are oppos- press release read: Roofers union seeks ‘‘push Federal employees out of the

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6768 CONGRESSIONAL RECORD — SENATE September 24, 2013 Federal Employee Health Benefits Pro- pretations of the statute and to help prevent one in which most of our members partici- gram and into the insurance exchanges the destruction of nonprofit health plans. As pate. These nonprofit plans are governed established under the Affordable Care you both know firsthand, our persuasive ar- jointly by unions and companies under the Act.’’ guments have been disregarded and met with Taft-Hartley Act. Our health plans have been a stone wall by the White House and the per- built over decades by working men and Now I want to focus on exactly what tinent agencies. women. Under the ACA, as interpreted by happened here. The IRS employees’ this administration, our employees will be union sent letters to their members, The average American does not have the political sway that a major labor treated differently and not eligible for sub- form letters, drafted to you and me, sidies afforded other citizens. As such, many union like the Teamsters has. The av- drafted to Members of this Senate, employees will be relegated to second-class where the IRS employees union asked erage American especially does not status and shut out of the help offered to buy the IRS employees: Write a letter to have the political sway that a major for-profit insurance plans. Finally, even your Senators, write a letter to your labor union has with this President—a though nonprofit plans like ours won’t re- Democratic President—with a Demo- ceive the same subsidies as for-profit plans, congressmen saying, Exempt us from they will be taxed to pay for those subsidies. ObamaCare. Apparently, the IRS em- cratic majority in the Senate. And yet the head of the Teamsters says that: Taken together, these restrictions will make ployees union believes Congress will nonprofit plans like ours unsustainable and . . . their persuasive arguments have been listen to them. will undermine the health care market as disregarded and they have been met with a How about the American people? viable alternatives to the big health insur- stone wall by the White House and the perti- ance companies. These are the men and women in nent agencies. charge of enforcing ObamaCare. These On behalf of the millions of working men If a powerful labor union with friends are the men and women the statute and women we represent— in high office in Washington is met gives the responsibility to go to every I would note, he didn’t say on behalf with a stone wall, what is the average hard-working American and say, We of the hundreds or on behalf of the American met with? Do you think the are going to force you to participate in thousands. He said: reception is more welcoming to the av- ObamaCare. They don’t want to be in On behalf of the millions of working men erage American? Perhaps the average it. I would suggest that is not an acci- and women we represent and the families American doesn’t even get to see that dent. They know exactly what they they support, we can no longer stand silent stone wall to be rejected, doesn’t even in the face of elements of the Affordable don’t want to be a part of, and the fact have the forum to raise those argu- Care Act that will destroy the very health that they have sent those letters ought ments to have them disregard and re- and well-being of our members, along with to be a warning call that sounds from jected. millions of other hard-working Americans. the high heavens. The letter continues: I want to remember that phrase, ‘‘We And yet another example—and this is can no longer stand silent.’’ I am going an example I have made multiple ref- This is especially stinging, because other stakeholders have repeatedly received suc- to return to it in a moment. erences to tonight—is a letter from the cessful interpretations for their respective We believe that there are commonsense Teamsters. I would note that neither grievances. Most disconcerting of course is corrections that can be made within the ex- Leader REID nor Leader PELOSI on the last week’s huge accommodation for the em- isting statute that will allow our members House side are on the floor. Neither are ployer community, extending the statutorily to continue to keep their current health ben- listening or participating in this de- mandated December 31, 2013 deadline for the efits and plans, just as you and the President bate. employer-mandated penalties. Time is run- pledged. Unless changes are made, however, Dear Leader Reid and Leader Pelosi. When ning out. Congress wrote this law. We voted that promise is hollow. We continue to stand you and the President sought our support for for you. We have a problem. You need to fix behind real health care reform, but the law the Affordable Care Act, you pledged that if it. The unintended consequences of the ACA as it stands will hurt millions of Americans, we liked the health plans we have now, we are severe. Perverse incentives are already including the members of our respective could keep them. Sadly, that promise is creating nightmare scenarios. unions. We are looking to you to make sure under threat. Right now, unless you and the ‘‘Nightmare.’’ That is the word the these changes are made. James P. Hoffa, General President, Inter- Obama administration enact an equitable Teamsters used. ‘‘Nightmare.’’ Some national Brotherhood of Teamsters. fix, the ACA will shatter not only our hard- Democratic Senators object to the use I don’t have to remind anyone that earned health benefits but destroy the foun- of the word ‘‘train wreck.’’ Perhaps the Teamsters and Mr. Hoffa are not dation of the 40-hour workweek that is the ‘‘nightmare’’ would be better. That backbone of the American middle class. loyal Republicans. They are not even comes from the Teamsters in writing, Like millions of other Americans, our disloyal Republicans. They have been members are the frontline workers in the describing what ObamaCare is doing. Nightmare is fitting. It is past mid- active foot soldiers in the army to American economy. We have been strong elect President Obama and to elect supporters of the notion that all Americans night. Why are we here? Because the should have access to quality, affordable American people are experiencing the Democrats to this body. This letter describes ObamaCare as a health care. We have also been strong sup- nightmare that is ObamaCare and we nightmare. This letter describes how it porters of you. need to help them wake up from this is hurting millions of Americans, in- This is directed to majority leader very bad dream. cluding the members of their respec- HARRY REID and minority leader NANCY The Teamsters letter continues: PELOSI. tive unions. And interestingly enough, First, the law creates an incentive for em- this letter uses the same phrase, ‘‘We In campaign after campaign we have put ployers to keep employees’ work hours below boots on the ground, gone door to door to get 30 hours a week. Numerous employers have can no longer stand silent,’’ that the out the vote, run phone banks, and raised begun to cut workers’ hours to avoid this ob- roofers union used. ‘‘We won’t stand si- money to secure this vision. Now this vision ligation, and many of them are doing so lent, either.’’ has come back to haunt us. openly. The impact is twofold. Fewer hours Why is it that both of these unions Let me read that again. This is the means less pay while also losing our current used that same phrase? Everyone in president of the Teamsters describing health benefits. this body understands politics, under- the political efforts that members of How does that sound? The majority stands sticking with your team, danc- the Teamsters all over this country leader told the American people on tel- ing with the team that brought you. No have done to elect Democrats to the evision that ObamaCare is terrific. union is eager to criticize President Senate and the House. In his words, he Fewer hours meaning less pay and los- Obama. They have too much invested said, because of ObamaCare and their ing your current health benefits, that in this administration. And there is a vision of supporting Democrats politi- doesn’t sound terrific to me. That lot of pressure—a lot of pressure—on cally, ‘‘Now this vision has come back doesn’t sound terrific to the millions of the labor unions. I can’t imagine what to haunt us.’’ If that doesn’t get the at- Teamsters, the millions of union work- the repercussions were to Mr. Hoffa tention of the men and women in this ers, the millions of hard-working and to the Teamsters after this letter body, I don’t know what does. Americans who are experiencing the was sent. I am quite certain it did not The letter continues: negative consequences of ObamaCare. produce joy and celebration in the po- Since the ACA was enacted we have been The letter continues: litical classes of Washington. bringing our deep concerns to the adminis- Second, millions of Americans are covered I think it is quite striking, though, tration seeking reasonable regulatory inter- by nonprofit health insurance plans like the that both the roofers union and the

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6769 Teamsters said we can no longer stand world’s greatest superpower. Even and engage in this discussion, a discus- silent, because the pressure is enor- within our own continent we did not sion that is important for the Amer- mous. have unanimous support. Even among ican people to have. Let me tell you about another group our own people, at times it was a mi- We all continue to hear from our con- that is right now standing silent that I nority within an a minority who be- stituents about some of the things hope can no longer stand silent and lieved that the cause of independence ObamaCare might do, some of the that consists of elected Democrats in was worthwhile, that it was worthy of things ObamaCare might do to the peo- this body. Elected Democrats in this the great effort that declaring inde- ple rather than for them. I received body—these union men and women pendence and fighting a war for it this one from James in Utah. James knocked on doors, worked to elect would inevitably require. writes: many Members of this body. If their Yet we persevered, we rallied to- Sir, as a retired U.S. Marine Corps gunny, union leaders cannot stand silent, I gether as a people, believing fundamen- I would like to express my view and ask that hope the politicians who pledged to tally that our cause was just. And it you vote to defund ObamaCare. I am part of fight for them won’t stand silent ei- worked. We followed that formula the security team here at— ther. many times when it has mattered and And I have deleted the name of his What a remarkable thing it would be we have not backed away from fights employer. to see a Democrat to have the courage when those fights were necessary. This —and our new contract has a massive in- of James Hoffa, to see a Democratic may be one of those moments where crease in the cost for health coverage. I Senator stand and have the courage to even though those who are willing to fought for the people of this country. Now I say: You know, look, I supported fight against this law, those who are ask the same from you. Please help us. ObamaCare. That is what Mr. Hoffa willing to take this effort are not in Gunnery Sergeant Charlie Jones, U.S. Ma- said. I supported it at first because I the majority, are in the minority—in rine Corps, retired. believed the promise that was made. I this case in a sense we are a minority From Utah. thought this thing might work, but we within the minority—it is still worth Then I hear comments such as this have seen it has not. It is a nightmare. fighting. from constituent after constituent, It is hurting hard-working American I commend my colleague, the junior from people who will write in from families. Any Democrat who did so Senator from Texas, for his dedication, throughout my State and from would be certain to receive serious re- his commitment, his leadership on this throughout the country. Steven from percussions from the party. Political issue. Senator CRUZ has never shrunk Minnesota writes: parties do not like it when you rock from this. He has been willing to fight Dear Senator LEE. Please do all you can to the boat. I can promise you Senator hard for it. He has been willing to stop the implementation of ObamaCare. My work insurance went up 8.1 percent in Janu- LEE and I have more than a passing speak his mind even at moments when it was difficult, even at moments when ary in anticipation of ObamaCare. I make awareness of that in our respective about $40,000 a year. We do not have any party. But at the end of the day, if you many were suggesting it could not be extra money after bills. I would like to see are responding to the American people, done or should not be done. It reminds health care available to everyone. We’ve if you are listening to the American me of other examples we have seen gone without health care insurance at times people, you are doing their job. I hope over the years, of Senators who were but I believe that ObamaCare is not the solu- in the course of this week that of the 54 willing to speak at great length. tion and will result in poorer quality health Democrats in this body, we will see I see our pages who are here tonight, care overall, and hurt our economy. pages who serve us well and who are Thank you for considering a Minnesota one, two, three—I hope we see a dozen resident’s concerns. who have the courage Mr. Hoffa willing to stay late at night, working showed, have the courage to speak out hard. I am reminded that 27 years ago Steven, I am happy to consider your about the train wreck, about the night- I was a page much like these who are concerns and I am happy to share those mare that is ObamaCare, that is hurt- serving us here today. I remember a with my constituents. This next one ing Americans, that is killing jobs, young Senator then in his first term. comes from Kevin from Massachusetts. that is pushing people into part-time His name was HARRY REID. I remember Dear Senator. I strongly urge you to ap- work, that is driving up health care watching him speak at great length for prove and vote yes on the House resolution bill passed by the House and is now before premiums and is causing more and 10, 12—I don’t know, maybe 13 hours at a time. I am not certain what the issue the Senate that fully funds the Government more people to lose their health insur- and protects the full credit of the United ance. That is the courage we need. was at the time, but I know it was im- States but defunds the Affordable Care Act But you know what. It will not come portant to him. I know it was an issue as provided for in the bill and continuing res- from business as usual in Washington. on which he was somewhat out- olution sponsored by Congressman GRAVES. It will not come from wanting to be numbered. I know that I saw his col- It is unfair to exempt everyone with political popular in the conference lunches. It leagues approaching him. Some of connections from ObamaCare and not to ex- will only come from elected officials them were quite critical of the effort in empt the rest of us. You must understand that ObamaCare is undermining American making the decision, the radical deci- which he was engaged. Yet he stood by his message, he did not shrink from it, workers and selling out hard for union bene- sion to get back to the job we are sup- fits. It is not fair for businesses to reduce posed to do in listening to the people. because he had an inner commitment workers’ hours to survive. It is time to Make DC listen. That is what we to the people he represented and I re- defund the Affordable Care Act until such should be doing. spected that about him. I could tell he time when it can be repealed and things can Mr. LEE. Will the Senator yield for a had that kind of tenacity. be straightened out and workers protected. question? I watched, as I was a Republican page I urge you please to delay funding for Mr. CRUZ. I am happy to yield for a at the time—I watched my Democratic ObamaCare now. question without yielding the floor. page colleagues as they brought him a That is Kevin, from Massachusetts. Mr. LEE. As I listened to the Sen- lot of water, hoping perhaps that even- When we look at these examples and ator’s remarks, I am reminded of many tually he would drink enough water we read other similar examples like events throughout our Nation’s his- that he would decide it was no longer them from people writing from tory. It is a storied history involving a in his best interests to continue speak- throughout my State of Utah, people lot of comebacks. There were a lot of ing on the floor. Yet somehow he man- writing from throughout the country, instances in which the American peo- aged to stay speaking for, I don’t we see a consistent pattern. Americans ple were up against a brick wall of know, 10, 12, 13, 14 hours at a time, and are justifiably, understandably fearful sorts, in which a small group of Ameri- I have a great deal of respect for what of losing their jobs, of having their cans, often not just a minority but he did at that moment. I hope there is wages cut, of having their hours cut, in sometimes a minority within a minor- some aspect of Senator REID that is some instances losing access to health ity, faced a substantial obstacle. able to sympathize with what Senator care—sometimes through a health plan The founding of our Republic, at the CRUZ is going through, that is able to upon which they and their families moment of our independence, involved respect the great level of commitment have relied on for many years. This is a battle against what was then the it takes to stand here, hour after hour, a difficult situation for them because

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6770 CONGRESSIONAL RECORD — SENATE September 24, 2013 health care is an especially unusually branch of government, revisions the ju- cally a penalty and not a tax. There is personal thing. dicial branch of government had no au- a long line of cases that help courts de- Access to health care is something thority to impose. cide whether something is a penalty or people do not necessarily want to en- I would like to talk about both of tax. Under a century or more of juris- trust entirely to their government. Yet those. When the Affordable Care Act prudence, this was a penalty and not a that seems to be the direction in which was challenged as to its constitu- tax. ObamaCare inevitably takes us. It puts tionality, there were two primary con- It is also important to note that the more and more of our health care into stitutional challenges brought to the House of Representatives initially con- the control of the Federal Government attention of the Federal court system sidered language that would have at- and, as has been suggested on the floor that ultimately made their way to the tempted to enforce compliance with tonight, as some of my colleagues, Supreme Court of the United States. the individual mandate provision by some of my Democratic colleagues One of those challenges involved a con- means of a tax and using language that from within the Senate have acknowl- stitutional attack on Congress’s au- under a century’s worth of jurispru- edged, this is but a step in the direc- thority to enact the individual man- dence would have been regarded as a tion of what they hope will be a single- date. The provision compelled individ- tax. Yet, interestingly enough and not payer, government-funded, govern- uals to buy health insurance—and not surprisingly, that language was re- ment-run health care system, funded, just any kind of health insurance but jected. That proposal did not carry the operated, and administered entirely the kind of health insurance the Fed- day. That proposal could not carry the from Washington, DC. eral Government in its infinite wisdom day. Why? Well, most Americans un- There are some things government deemed appropriate, necessary, essen- derstandably are reluctant to raise can do in the sense that there are some tial, and indispensable to every Amer- taxes on middle-class Americans. It things that government is rather ican everywhere. was soundly rejected. It could not uniquely empowered to do. Providing, The argument presented in those carry enough votes even in the Con- for example, for our national defense, constitutional challenges culminating gress that was in place during the first that is something we do from Wash- at the Supreme Court of the United 2 years of President Obama’s adminis- ington. That is a power that is en- States was that Congress had acted tration. It could not carry the day in a trusted to us by article I, section 8, of pursuant to its authority under the Congress that was overwhelmingly the Constitution with roughly one- commerce clause, article I, section 8, Democratic in both the House of Rep- third of the provisions of article I, sec- clause 3 of the Constitution, which em- resentatives and in the Senate. tion 8, being dedicated in one way or powers Congress to regulate commerce The Constitution requires that rev- another to our national defense. That among the several States, Indian enue bills originate in the House of is something Washington can do. It is tribes, and foreign nations. The argu- Representatives. If this was a new tax, something Washington must do and ment said that Congress does have the it would have to originate in the that Washington is rather uniquely power to regulate interstate commerce, House. In a very significant sense, one empowered to do under our constitu- and the Supreme Court has interpreted could argue that the bill that ulti- tional system. that power rather broadly since 1937. mately became the Affordable Care Health care is of course important, Yet, even under that extraordinarily Act, ObamaCare, did originate in the undeniably important. In many re- broad interpretation of the commerce House. It came over here to the Senate spects it is as important as national clause, the argument was that Con- and had its provisions stripped out and defense. The fact that it is important gress doesn’t have the power to regu- replaced by Senate language, but many doesn’t necessarily make it a responsi- late an activity. The failure to pur- people still consider that a House bill. bility of the Federal Government nor chase health insurance is not an inter- The problem here has a lot to do with does it necessarily qualify the Federal state commercial transaction. In fact, the fact that the tax language did not Government as a practical matter, set- it is not a transaction at all. It is a originate in the House or in the Sen- ting aside the constitutional question. failure to act. ate. Instead, it originated across the It doesn’t necessarily qualify the Fed- The Supreme Court of the United street with five lawyers wearing black eral Government as an effective health States accepted that argument and robes whom we call Justices. Those care provider. Many people fear the day concluded that even under the extraor- five lawyers wearing black robes whom when our Federal Government becomes dinarily broad deferential standard of we call Justices are no more empow- much more empowered over the very review used by the Supreme Court ered than the Queen of England to im- personal decisions of our lives, particu- since 1937, this could not pass muster pose a tax on the American people. Yet larly those affecting our access to as a valid, legitimate exercise of they imposed a tax on the American health care. Congress’s commerce clause authority. people. This is not OK. This is not ac- Many people are also suspect of the The Supreme Court Justices rejected ceptable. This was a lawless act. This new taxes imposed by this law, the new that argument by a vote of 5 to 4. is something we should be ashamed of permutations this law will introduce Oddly, however, the Supreme Court as Americans. It was a sad, shameful into the lives of the American people. went on to conclude that the individual moment when the Supreme Court of We have discussed several times today mandate was nevertheless constitu- the United States took upon itself the the manner in which this law was en- tional—not under the commerce power mantle of a superlegislative body, acted, the manner in which it was in- but under Congress’s power to tax. In which it is not. troduced as a bill, brought to the floor essence, what they had was five Jus- Unable to bring about a massive tax of the House of Representatives after tices of the Supreme Court—led by the increase on the middle class, Congress then-Speaker of the House NANCY Chief Justice of the United States, the adopted what it could. What it did PELOSI informed her Members that Honorable John Roberts—who, as I see adopt the Supreme Court found to be they needed to pass their bill and then it, effectively rewrote the individual unconstitutional on its own terms as it they could find out what is in it. mandate provision as a tax. They saved was written. The Supreme Court—ap- One of the things we have not dis- it only by recasting it as a tax or as a parently unwilling to do its job and all cussed as much is the fact that even valid exercise of Congress’s power to too eager to do the job of the legisla- after that was passed, without Mem- impose taxes. tive branch rather than acknowledging bers of Congress having adequate op- There were a couple of problems with the unconstitutionality of that provi- portunity to review this legislation— that interpretation. First and fore- sion—simply resurrected it by rewrit- even after that happened, setting aside most, Congress could have imposed a ing it as something that it is not, was the 20,000 pages of regulations that tax as an enforcement mechanism to not, and never could be. have been added to this corpus of Fed- bring about compliance with the indi- Interestingly, this was not the only eral law up until this point, we have vidual mandate provision. Yet it decid- insult to the Constitution in connec- had two significant revisions of the edly did not. It used language that— tion with that case. In the same dis- law, revisions that were brought about under at least a century’s worth of ju- pute in which the Supreme Court re- not legislatively but by the judicial risprudence—was clearly and unequivo- wrote ObamaCare in order to save it, in

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6771 the same case in which the Supreme The next response the defenders of the United States that openly flouted Court of the United States rewrote the this law usually bring up is, well, it is, the Constitution of the United States. individual mandate provision as a tax after all, the Supreme Court’s job to They thumbed their noses at their own when in fact it was a penalty, they did decide what is constitutional and what constitutional responsibilities. We are something else: A separate and even is not constitutional. So if they say it now being asked whether we should larger majority—a 7-to-2 majority— is constitutional, then it must be con- continue funding the implementation concluded that another aspect of the stitutional, and who is anyone else to and enforcement of that act, and I Affordable Care Act as written could second guess their judgment as to con- think not. not withstand constitutional muster. stitutionality? In addition to the unconstitutional The Medicaid expansion provisions OK. Well, I understand that argu- rewriting by the Supreme Court of the left the States with no option, no alter- ment. That argument is fine, perhaps, United States, we now have several in- native, and no choice other than to ac- as far as it goes. You can’t read too stances in which the President of the cept a significantly expanded Medicaid much into that statement. It is not fair United States himself has attempted to Program, which is a program that is to say that the Supreme Court is the rewrite the Patient Protection and Af- administered by the States. It is par- sole expositor of constitutional mean- fordable Care Act. The President of the tially funded by the Federal Govern- ing. It is true, of course, that within United States has said that although ment but ultimately administered by our Federal system the Supreme Court enforcement of the employer mandate the States. has the last word in deciding questions provision is set to begin on January 1, The Supreme Court of the United of Federal statutory and constitutional 2014, the President’s administration States, citing longstanding precedence, interpretation for the purpose of decid- will not implement and enforce that said: This is not OK. Congress doesn’t ing discrete cases and controversies provision effective January 1, 2014. Al- have the power to commandeer the properly before the Court’s jurisdic- though the President lacks any con- State’s legislative and administrative tion. However, that does not excuse the stitutional or statutory authority to machinery for the purpose of imple- rest of us from independently exer- make this decision, although the Presi- menting a Federal policy. Congress cising our own judgment, nor is it the dent has neither sought nor obtained a may not do that. case that every constitutional infrac- legislative modification from the legis- It is not within our power. Yet a tion and every constitutional indiscre- lative branch of government—Con- large majority of the Supreme Court tion is necessarily within the com- concluded that is exactly what Con- gress—the President is treating the law petence of the Federal courts to re- as if it contained that modification al- gress did in the Affordable Care Act. So solve. faced with yet another constitutional ready. In fact, there are countless cir- There was another modification that problem, the Supreme Court adopted cumstances in which, either because took place with respect to the imple- another rewrite that the Supreme the courts might lack jurisdiction or mentation of the out-of-pocket spend- Court of the United States was not because no plaintiff can be brought for- ing limits, the spending caps. This, too, constitutionally empowered to bring ward with article III standing nec- was done without any legislative or about. What the Supreme Court did in essary to challenge the Federal action any constitutional authority. There is that circumstance was to just read in in question or because the courts have another modification the President or write in an opt-out for the States so recognized that there is a nonjustici- made with respect to proof of eligi- as to make it constitutional. able political question at stake—for bility for subsidies on the exchange Some have tried to defend this by whatever reason, courts might not be network set up by the Affordable Care saying: Well, that is what courts do. competent to address a particular Act. All three of these modifications When courts find that something is un- issue. In other circumstances, a case constitutional, they have to look a sec- for whatever reason simply is not were made by the President without ond time to see whether they can read brought. In many circumstances the any statutory authority, and they into it a different interpretation that courts don’t have occasion to address a were, therefore, extra constitutional might be fairly plausible—a fairly constitutional infraction. modifications. plausible interpretation that could Regardless, we are never excused. We, As I understand it, a few weeks ago allow them to save it. But in this case as Senators of the United States, hav- somebody asked the President of the there was nothing there. There was ing taken an oath under article VI of United States why this was appro- nothing that could allow them to do the Constitution to uphold the Con- priate. Somebody challenged the Presi- this. stitution of the United States, are dent of the United States with regard The Court’s job at that moment was never excused from our responsibility to his authority on these modifica- to figure out whether the unconstitu- to look out for, protect, and defend the tions. His response was something tional provision could be severed from Constitution of the United States. similar to this: Under ordinary cir- the rest of the statute, whether it When we see an unconstitutional ac- cumstances, under more ideal cir- could be excised, sort of like a can- tion, we need to call it out as such, and cumstances, perhaps I might have gone cerous tumor, allowing the healthy tis- we need to do whatever we can to stop to Congress to get Congress to modify sue to remain with the cancerous tis- the Constitution from being violated. the statutory provisions in question, sue gone forever. There are rules and The Constitution was violated, the but these are not ordinary or ideal cir- standards the Supreme Court is sup- Constitution was distorted, and the cumstances. posed to follow when engaging in this Constitution was manipulated. It was I am not sure exactly what he meant, exercise, and whenever it does this, it defiled not once but twice by the Su- but it sounds to me as though what he follows decades-old severability juris- preme Court of the United States when was saying was, I am in a tough spot so prudence. Well, that standard, I be- the Court rewrote the Affordable Care I have to do what I can do, what I can lieve, if followed, would have inevi- Act twice in this decision that was ren- get away with, because I have a Con- tably culminated in the Supreme Court dered at the end of June 2012. gress that is now less cooperative, less of the United States finding that the This is one of many reasons why I inclined to cooperate with me, less in- Medicaid expansion provisions could think it is important for us to have clined to do what I as President of the not be severed from the rest of the this debate and discussion about United States want Congress to do, statute—the other provisions in the Af- whether we fully fund the implementa- than the Congress that was in place in fordable Care Act. I suspect that may tion and enforcement of this law—a 2010 when the Patient Protection and well be why the Supreme Court did not law that was never read by those who Affordable Care Act was enacted into engage in severability analysis. In- enacted it, a law that has become less law. stead, it rewrote the law. popular rather than more popular sub- That is interesting. It is interesting So the Supreme Court of the United sequent to its enactment, a law that on a number of levels because, No. 1, States rewrote ObamaCare not just has now spawned some 20,000 pages and one of the reasons Congress is now less once but twice in order to save it. This counting of new regulatory text. inclined to be cooperative with the is not OK. This is not constitutional. This same law was rewritten not just President, one of the reasons the Con- This is not America. once but twice by a supreme court of gress is no longer as inclined to do the

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6772 CONGRESSIONAL RECORD — SENATE September 24, 2013 President’s bidding is, interestingly choose to keep everything funded or we bread, milk, and eggs, we are also enough, because of the Patient Protec- have to choose to fund nothing. It is a going to require you to buy a bucket of tion and Affordable Care Act, because frequent source of frustration to many nails, a half ton of iron ore, and you of the widespread public outcry that who serve in this body. It certainly has can use our wheelbarrow to take it out came from across this country as a di- been a frequent source of frustration to to your car, a book about cowboy po- rect result of the enactment of this me and to the 3 million people I rep- etry, and a Barry Manilow album. statute. resent in the State of Utah. It is odd You say: I don’t want any of those It is not at all unusual to have a di- that we find ourselves in a position to things. And the cashier says: That is vided Congress. It is not at all unusual vote on a continuing resolution that fine. Then you don’t get your bread, for one or both Houses of Congress to funds everything in government or your milk, and your eggs. be under the control of a party other nothing in government. It is a frus- At that point, the shopper, not want- than the President’s own political trating exercise we have to go through. ing to come home to a very dis- party. Yet it has never been the case Because of the fact that we have cho- appointed spouse, is likely to say: Fine, and can never be the case if there is sen to appropriate this way year after even though I don’t want the nails or somehow an exception to the Constitu- year, we basically have one oppor- the iron ore or the cowboy poetry tion, if there is somehow an exception tunity to decide what we are going to book, and I definitely don’t want the to article I’s provision that all legisla- fund in government and what we are Barry Manilow album, I am going to tive powers granted by the Constitu- not going to fund in government. I buy those things because I can’t buy tion shall be vested in a Congress con- wish what we could do is, at a min- the things I need unless I also buy sisting of a Senate and of a House of imum, a bare minimum—it should be a those things. Representatives. lot more than this—but at a bare min- That is how we spend in the Con- The fact that the President finds po- imum, to have two different debates, gress. Whether we like it or not—and litical dissent within the Congress irri- two different discussions, both starting most of us don’t like it—that is what tating does not make him a king. The with the presupposition that we fund we are stuck with. So that is one of the fact that Congress will not always do nothing but culminating in funding or reasons we are having this debate now, the President’s bidding does not vest not funding something; one that would one of the reasons I think it is appro- him with the powers of a despot. When deal with funding for ObamaCare and priate for us to have this debate in con- someone holding the office of President another one that would deal with fund- nection with this. It is unfortunate in of the United States purports to wield ing for everything else in government. many respects that we tie something legislative power, when the President It would be nice if ObamaCare funding so fundamental to who we are as a of the United States purports to make had to stand or fall on its own merits. country, something so essential to our law by the stroke of the executive pen, If we were starting from zero when it ongoing existence as a nation as na- we have exited the territorial confines came to providing ObamaCare funding tional defense. It seems absurd that we of constitutional government. and we had to justify it, we had to should tie that to funding for These are some of the reasons we make the case for it, and we had to ObamaCare. Yet that is where we find have focused this debate back on say, let’s prove to the American people ourselves because of the fact that we ObamaCare. People are frequently why we ought to be funding the en- have been operating under a contin- bringing up the argument: This is law. forcement of this law—this law that uous string of back-to-back continuing This is settled law. Because it is set- will make health care less affordable resolutions for the last 4 or 5 years. tled law, you must fund it. First of all, rather than more and this law that is It is time for us to start breaking I am aware of no constitutional com- being implemented in a fundamentally away from those false and ultimately mand that says that simply because a unfair manner, I think that would ridiculous choices. It is time for us to law has been adopted, Congress must prove a very different debate and dis- demand more as a people from our Con- fund any and every provision author- cussion. But very often the way things gress. It is time for us as a people to ized under that law. In fact, quite to work in Washington, the way con- start to demand independent debate the contrary. Because Congress holds tinuing resolutions work, is we are and discussion, debate and discussion the power of the purse, Congress may— faced with a set of circumstances that that far more closely reflects the will Congress must—continue to have the don’t accurately reflect the way we of the American people and their ongo- authority to decide which programs to make decisions in any other aspect of ing needs. fund and which programs not to fund. our lives. If the Senate must choose between Were it otherwise, we would have a I sometimes am inclined to analogize standing with the longstanding inter- straining set of circumstances in which this kind of continuing resolution ests, the entrenched interests of the one Congress could bind another Con- spending default. This is a vast over- political governing class in Washington gress simply by passing a piece of legis- simplification, but suppose someone on the one hand or, on the other hand, lation and not by a constitutional lived in a very remote area. Suppose standing with the American people, I amendment. the closest town to where they lived hope—I expect—that we will stand with That is not the case. It never has was at least 100 miles away, but there the American people. If we ask any been the case. It never could be, should was one market, one grocery store just Member how constituents are feeling be or will be the case under our con- 1 mile from their home. It was the only about the Affordable Care Act, how stitutional system today. grocery store within at least 150 miles, constituents are feeling about What we see is the fact that this is let’s just say. One day the person’s ObamaCare and its coming implemen- not simply a partisan political debate. spouse calls them on their way home tation and enforcement, the response Many are casting it as that. Many are from work and says: Stop at the store. we will get is that, at best, constitu- pointing to the fact that we have some We need bread, milk, and eggs. The per- ents are mixed. In many cases, they are Republicans agreeing with some Demo- son goes to the grocery store and finds apprehensive, they are uncertain. But crats, but for the most part we see the bread, puts it in the cart, finds the overwhelmingly, we will find a lot of widespread disagreement between Re- milk and eggs, puts them in the cart, opposition from people who are seeing publicans and Democrats. But that dra- and goes to the checkout counter. The those all around them facing job losses, matically oversimplifies the matter. cashier checks out those things and wage cuts, cuts to their hours, and cuts This is no longer simply a dispute be- then the cashier says: Wait a second. to their health care benefits. tween Republicans and Democrats. In You can’t just buy these things. You How long are we going to have to many respects, this represents a dis- cannot just buy bread, milk, and eggs. continue to hear these things before we pute between the political ruling estab- You say: Why on Earth can I not buy act? Are we as a Congress willing to lishment in Washington, DC, on the just these three items? This is all I just look at these things and say: Yes, one hand and the American people on need. well, bad things happen. Let’s just the other hand. This is a different kind of grocery allow them to happen. Are we willing One of the things we are often told store. This is a grocery store patterned to do that? Those who are Democrats, we have to face is that we have to after the U.S. Congress. In order to buy are they willing to do that saying, yes,

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6773 I know this law is not perfect, but it is executive branch, to say: That is their That is actually very true. a speed dump that we have to cross problem. We pass the laws; the Court Phil said: over on our way to a single-payer sys- figures out if they are constitutional. I think our problem is a spiritual one. tem run by the health care system? As I would very much agree with Sen- Phil also said: Republicans, are we willing to endure ator LEE’s proposition that doing so is When you get older and you start dating, I that, saying, yes, it is a train wreck, an abdication of our responsibility, want you to be able to say one thing, ‘‘I can but the good news is it might inure to that every one of us has an obligation bait a hook.’’ our political benefit if it gets in? I hope to not support any law that is contrary One day maybe Caroline and Cath- we are not willing to do that. I hope we to the Constitution and to oppose any erine will be able to say that. have not descended to such a shameful, law that is. Phil also said, very simply: cynical low that we would be willing to I would note that among the House Happy, happy, happy. allow those political interests to trump Members who joined us was Congress- the needs of the American people who man JUSTIN AMASH. He came to the I say this to the junior Senator from are calling out, crying out for help and floor of the Senate to join us to sup- Utah, when we defund ObamaCare, we for relief. port this effort. I note Congressman are all going to be happy, happy, Ultimately, as we think about our re- AMASH has the unique distinction of happy. sponsibilities as Senators, as we think joining you and me and Senator PAUL Miss Kay said: about our responsibilities as citizens, I in the description of being—I believe Our marriage is living proof that love & hope we will reflect from time to time the term was ‘‘wacko birds,’’ which, I family can get you through everything. on the fact that we have all taken an for one—I am not sure to which par- Si said: oath to uphold this document, this 226- ticular avian species that refers, but I live by my own rules (reviewed, revised, year-old document, a document that I whichever one it is, if it reflects a fi- and approved by my wife) . . . but still my believe was written by the hands of delity to the Constitution, a fidelity to own. wise men raised up by their Creator for liberty, and a willingness to fight to Jep said: that very purpose, to help foster and defend the principles this country was Faith, family, and facial hair. promote what will become—what has founded on, then I—and I believe I can Let me point out to the junior Sen- become—the greatest civilization the speak for you and RAND and Congress- ator from Utah that if we continue world has ever known. man AMASH—and I think quite a few doing this long enough, we may have To the extent that we respect and others of us are very, very proud facial hair on the floor of Senate. That honor this document, to the extent ‘‘wacko birds.’’ is all right. that we follow it, to the extent that we We are talking about an important Willie said: defend it, we uphold it at every turn, to topic. We are talking about a topic the extent that we consider it not just Are you kidding me? I’m straight up hun- that impacts millions of Americans. ger games with a bow. a responsibility of the judiciary but But at the same time, we cannot lose Si said: also of the political branches of gov- our sense of humor, and we cannot lose ernment, including our own branch, we our sense of hope and optimism. Ford F150, Chevy Silverado, Dodge Ram, have prospered as a country. And to I will note that my staff has been Toyota Tundra. As a married man, these are the only pickup lines I am allowed to use. the extent that we will return to those with me here all night, tirelessly fight- practices, we will benefit directly as a ing because they believe in America. Jase said: result. We believe in America. We believe Where I come from, your truck is an exact So I have to ask Senator CRUZ, as a there can be something better. You reflection on your personality. constitutional lawyer, as one of our look at the explosion of government, Si said: Nation’s preeminent appellate litiga- the explosion of spending, the explo- I make up people all the time to get out of tors, as one who has argued many sion of debt, the explosion of taxes, the stuff. times before the U.S. Supreme Court, explosion of regulation, the stagnation Si also said: and as one who clerked for the late of economic growth, and it is easy to A redneck walkin’ into Bass Pro Shops Chief Justice William Rehnquist and throw up your hands and say: Can we gets more excited than a 12 year old girl now as a U.S. Senator, how does the ever get back to that United States of going to a Justin Beaver concert. Senator see this role, the role of what America we once were? Let me point out that that is Justin some describe as coordinate branch But there are signs, glimmers of Beaver, B-e-a-v-e-r. construction of the Constitution? What hope. Look right now at one of the Si also said: role does it play in this body? What most popular television shows in the role does the Constitution play in the Your beard is so hairy, even Dora can’t ex- United States—‘‘Duck Dynasty.’’ This plore it. Senate? Does it have a place or is that is a show about a God-fearing family of Si also said: something that is supposed to be left to successful entrepreneurs who love the nine men and women wearing black guns, who love to hunt, and who be- Your beard’s so stupid it takes 2 hours to watch 60 minutes! robes across the street who are lawyers lieve in the American dream. It is and hold a different constitutional of- something that, according to Congress, And finally Si said: fice than we do? almost should not exist, yet a lot of I am the MacGyver of cooking. You bring (Mr. SCHATZ assumed the Chair.) wisdom. Millions of Americans tune in me a piece of bread, cabbage, coconut, mus- Mr. CRUZ. Well, I thank my friend to ‘‘Duck Dynasty.’’ So I want to point tard greens, pigs feet, pine cones . . . and a the junior Senator from Utah for his woodpecker, I’ll make you a good chicken out just a few words of wisdom from pot pie. very fine, learned question. It is truly ‘‘Duck Dynasty’’ that are probably Let me suggest that kind of home- a privilege to serve in this body along- good for all of us to hear. spun wisdom is what this country was side a constitutional scholar, alongside Willie observed: a Senator who takes fidelity to the built on. It is who we are. Look, there You put 5 rednecks on a mower, it’s gonna are some things to chuckle on, but Constitution so seriously, so appro- be epic. priately seriously. there is an awful lot of common sense. Senator LEE’s question is exactly Phil said: On the same theme, I want to point right: How seriously do the men and In a subdivision, you call 911. At home, I to one of my favorite songs. It is a song woman in this body take the Constitu- AM 911! that came out following the tragic at- tion? How seriously do we take the ob- Si said: tacks on this country of 9/11, but it ligation? Each of us swears to uphold Some people say I’m a dreamer, others say, speaks more broadly to who we are as the Constitution. Yet it is easy, par- ‘‘If you fall asleep at work again we’re going Americans, that we can overcome any ticularly in an era in which the Su- to let you go.’’ challenge, any obstacle, including, I preme Court is deemed to be the pri- Jase said: think, the obstacle of ObamaCare—ad- mary arbiter of constitutionality, for Redneck rule number one, most things can mittedly, a very, very different chal- Members of Congress, members of the be fixed with duct tape and extension cords. lenge than that which occurred on 9/11,

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6774 CONGRESSIONAL RECORD — SENATE September 24, 2013 but ultimately the American spirit and ObamaCare and religious freedom. Re- with Toby Keith’s terrific song? I am faith and freedom that underlie it will ligious freedom is foundational to who going to suggest they have an awful lot help us overcome every challenge. That we are. So let’s read what David Green, to do with each other. Our Nation was is Toby Keith’s song ‘‘Courtesy of the the CEO and founder of Hobby Lobby founded by men and women fleeing re- Red, White, and Blue.’’ Stores, Inc., stated. ligious persecution from across the Toby Keith observed—and, Mr. Presi- When my family and I started our com- globe, fleeing governments that sought dent, I am going to make a promise to pany 40 years ago, we were working out of a to impose their rules to restrict the re- you. I am not going to endeavor to sing garage on a $600 bank loan, assembling mini- ligious liberty of men and women. because even if it might not violate the ature picture frames. Our first retail store Our Founding Fathers, the people wasn’t much bigger than most people’s living Senate rules, it would violate rules of rooms, but we had faith that we would suc- who formed the United States of Amer- musical harmony, human decency, and ceed if we lived and worked according to ica, fled those countries and came here. possibly even the Geneva Conventions. God’s work. From there, Hobby Lobby has Why? To establish a country where ev- So I will not subject you to my musical become one of the nation’s largest arts and eryone could worship God with all of rendition, but I will at least share the crafts retailers, with more than 500 locations your heart, mind and soul, according to words from ‘‘Courtesy of the Red, in 41 states. Our children grew up into fine the dictates of your conscience. The White, and Blue.’’ business leaders, and today we run Hobby men and women watching this at Lobby together, as a family. American Girls and American Guys We’re Christians, and we run our business home—not all of you may share the re- We’ll always stand up and salute on Christian principles. I’ve always said that ligious convictions of the CEO of We’ll always recognize the first two goals of our business are 1) to Hobby Lobby. You may or may not be When we see Old Glory flying run our business in harmony with God’s Christians. If you are Christians, you There’s a lot of men dead laws, and 2) to focus on people more than may or may not share his faith and his So we can sleep in peace at night money. And that’s what we’ve tried to do. interpretation of what his faith re- When we lay down our head. We close early so our employees can see their families at night. We keep our stores quires. My daddy served in the army But if you look at the history of our Where he lost his right eye closed on Sundays, one of the week’s biggest But he flew a flag out in our yard shopping days, so that our workers and their country, the Federal Government is Until the day that he died families can enjoy a day of rest. We believe telling that CEO—the Federal Govern- He wanted my mother, my brother, my sister that it is by God’s grace that Hobby Lobby ment is telling Catholic hospitals and and me has endured, and he has blessed us and our Catholic charities that they must vio- To grow up and live happy employees. We’ve not only added jobs in a late their religious beliefs. Why? Be- In the land of the free. weak economy, we’ve also raised wages for cause government knows best. You the past four years in a row. Our full-time Now this nation that I love employees start at 80% above minimum know, there is a reason why the Bill of Has fallen under attack wage. Rights begins with the First Amend- A mighty sucker punch came flyin’ in But now, our government threatens to ment and why the First Amendment From somewhere in the back change all of that. A new government health begins with protecting religious lib- Soon as we could see clearly care mandate says that our family business Through our big black eye erty, protecting the religious liberty of must provide what I believe are abortion- all of us, because it is foundational. Man, we lit up your world causing drugs as part of our health insur- Like the 4th of July. ance. Being Christians, we don’t pay for The Founding Fathers who formed our Hey Uncle Sam drugs that might cause abortions. Which country understood that if you did not Put your name at the top of his list means that we don’t cover emergency con- have the freedom to seek out God, then And the Statue of Liberty traception, the morning-after pill or the every other freedom could be stripped Started shakin’ her fist week-after pill. away. Yet this administration has And the eagle will fly We believe that doing so might end a life demonstrated a hostility to religious Man, it’s gonna be hell after the moment of conception, something faith that is staggering, indeed. When you hear Mother Freedom that is contrary to our most important be- liefs. It goes against the biblical principles In recent months, we saw an Air Start ringin’ her bell Force chaplain in Alaska face punish- And it feels like the whole wide world is on which we have run this company since raining down on you day one. If we refuse to comply, we could ment and repercussions for posting a Brought to you Courtesy of the Red White face $1.3 million per day in government fines. blog post in which he stated, ‘‘there are and Blue. Our government threatens to fine job cre- no atheists in foxholes.’’ ators in a bad economy. Our government Justice will be served Now, mind you, this was a chaplain. threatens to fine a company that has raised His job is to minister to the spiritual And the battle will rage wages four years running. Our government This big dog will fight threatens to fine a family for running its life of the men and women of the Air When you rattle his cage business according to its beliefs. It’s not Force. Yet that statement was deemed And you’ll be sorry that you messed with right. inhospitable to atheists and incon- The U.S. of A. I know people will say we ought to follow sistent with the military and this ad- ’Cause we’ll put a boot in your [posterior]— the rules, that it’s the same for everybody. ministration. Now, the irony, of Edited for our friends on C–SPAN— But that’s not true. The government has ex- course, is that particular statement It’s the American way. empted thousands of companies from its was said previously by a general named mandates, for reasons of convenience or cost. Hey Uncle Sam But it won’t exempt them for reasons of reli- Dwight D. Eisenhower, who as we all Put your name at the top of his list gious belief. know was President of the United And the Statue of Liberty So, Hobby Lobby—and my family—are States. Started shakin’ her fist forced to make a choice. With great reluc- Indeed, President Dwight D. Eisen- And the eagle will fly tance, we filed a lawsuit today, represented hower had more than a passing famili- Man, it’s gonna be hell by the Becket Fund for Religious Liberty, arity with the military. That state- When you hear Mother Freedom asking a federal court to stop this mandate ment comes from a speech President Start ringin’ her bell before it hurts our business. We don’t like to And it feels like the whole wide world is go running into court, but we no longer have Eisenhower gave to the American Le- raining down on you a choice. We believe people are more impor- gion—I believe it was in 1954—in which Brought to you Courtesy of the Red, White tant than the bottom line and that honoring he was describing a story of four im- and Blue. God is more important than turning a profit. mortal chaplains. That story is a story If you want to talk about the Amer- My family has lived the American dream. young people do not learn any more. It ican spirit, it is hard to listen to that We want to continue growing our company is a story a lot of people do not know. song and not think about who we are as and providing great jobs for thousands of em- President Eisenhower told it. ployees, but the government is going to a people, not think about the threats. make that much more difficult. The govern- I had the opportunity recently to Let me give you an example of a dif- ment is forcing us to choose between fol- speak at the American Legion’s na- ferent threat, a different threat to our lowing our faith and following the law. I say tional convention. I had the oppor- liberty that every bit as much we have that’s a choice no American—and no Amer- tunity to share it. There were a num- to rise up against. I want to read for ican business—should have to make. ber of particularly older veterans, you a statement of September 12, 2012, Now, you might ask, what does that World War II veterans, who knew the that Hobby Lobby put out on letter from Hobby Lobby have to do story of the four immortal chaplains.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6775 That is the story of the USS Dorchester lump sum of money to buy another plan. But You come in and try to make the that was hit by a U-boat torpedo and I assume once that money is gone, I will be nightmare go away. was sinking. There were four chaplains responsible for the payments. Thank you for America is experiencing that night- all you’re doing to stop ObamaCare. By the mare and it is even worse. Because aboard that ship. way, my primary physician just closed his I believe two were Protestant, one practice because of ObamaCare. He said he here, the Senate caused that night- was Catholic, and one was Jewish. didn’t think he could give the kind of care to mare. We passed the law that is the They were handing out life vests. They his patients that they deserve. nightmare for the American people, realized they did not have enough life There are two things there that are and Senators on both sides of the aisle vests for the men and women on that very striking. No. 1 is the situation of have been telling the American people ship. Each of those four chaplains re- this woman so many Americans across they are too busy, there are too many moved his life vest and gave it to an- this country are experiencing. They other priorities on their list to even other passenger. Those other pas- had a health plan they liked. They had talk about the nightmare that is sengers were saved and those four health insurance they liked. We re- ObamaCare. chaplains stood together on the deck of member 31⁄2 years ago when the Presi- That is wrong. That is fundamentally the ship singing and praying as the dent promised the American people: If wrong. We need to make DC listen. ship went down. you like your health insurance you can Mr. LEE. Would the Senator yield for The point of the story is, when the keep it. We now know that statement a question? chaplains put their life vests on other was flatly, objectively 100 percent Mr. CRUZ. I am happy to yield for a passengers, gave their life vests, gave false. We now know that it is not the question without yielding the floor. their lives for other passengers, they case, if you like your health insurance Mr. LEE. I wish to ask the Senator did not ask each passenger: Are you a you can keep it, because ObamaCare is from Texas his reaction to a couple of Christian? Are you a Jew? Is your reli- causing people all over the country, stories that I think relate well to what gious faith the same as mine? Because, like this woman in Ft. Worth, TX, to the Senator from Texas is saying to us as President Eisenhower explained, lose her health insurance. about the fact that Congress has adopt- there are no atheists in foxholes, and They are understandably not happy ed a law that has brought about a se- they were there sacrificing for their about it. They are hurting. They are ries of nightmares for the American fellow man. suffering. But, secondly, I think it is people, only these are real. This is not You know religious liberty is very interesting, the point about her some dream we are going to wake up foundational to who we are. One of the primary physician. We are also seeing from and discover that this is a fig- most pernicious aspects of ObamaCare doctors leaving the practice of medi- ment of our subconscious mind that is is that it disregards religious liberty, cine, advising young students: Don’t go causing us torment. It is real. when you have the Federal Govern- to med school because ObamaCare is Sometimes we react as a lawmaking ment getting so intimately involved in destroying the practice of medicine. If body to situations in such a way that health care. It has necessitated the the goal is to expand access to health we don’t necessarily improve upon the Federal Government trampling on good care, driving good physicians out of the status quo. We identify a problem, and faith religious beliefs. practice of medicine is completely we try to act. Sometimes the results Look, nobody has questioned the antithetical to that goal. aren’t necessarily what we intend them good faith religious beliefs of the own- Another constituent, a retired couple to be. Sometimes the results can be ers of Hobby Lobby. Even if you do not from Bayou Vista, TX, wrote on the quite the opposite of what was in- share their views, what about your re- September 9, 2013: tended at the outset. I think this may ligious beliefs? If the government can My wife and I are retired living on a fixed well have been the case with the Pa- order them to violate their religious income. We worked hard our whole lives pro- tient Protection and Affordable Care beliefs, what is to stop them from or- tecting our credit and saved enough money Act which at the end of the day neither dering you to violate yours? to buy a modest home in Bayou Vista, TX. If protects patients nor makes health That is wrong. That is inconsistent the insurance premiums being published in care more affordable. the local newspaper materialize, we will no It reminds me a little bit of a story, with who we are as Americans. That is longer be able to afford to live in our home. one of the many reasons Americans are something I experienced a few years We could not sell it either. The facts, if left ago when I was working at the Su- fed up with what is happening under unchanged, will destroy many coastal com- ObamaCare. munities and result in our personal financial preme Court. I shared an office with You know, earlier I was reading some ruin. We would have no choice but to walk three other law clerks at the time. of the stories from individual constitu- from our mortgage. We would lose all of the We discovered something very inter- ents. I would like to return to that. A investment we have made in this house. Our esting about our office space. During constituent in Humble, TX, wrote on credit would be ruined. the summer months, when we started September 10, 2013: These are the words of a retired cou- our clerkships, our office was almost I am one of many Americans adversely af- ple living on a fixed income who man- unbearably cold, something that was fected by Mr. Obama’s health care. I just re- aged to save up to buy a home for their unusual for me because I like an office ceived a letter stating that as the Affordable retirement for their golden years. or a home to be relatively cool, but Care Act draws fuller to close implementa- ObamaCare is threatening to turn their this was unusually cold. It was so cold tion, I will no longer have access to the retirement into a nightmare. I remind we were tempted to wear gloves in the group medical PPO plan, the group dental you that the word ‘‘nightmare’’ is not middle of the summer indoors because plan, or the group vision plan effective Janu- mine. That word ‘‘nightmare’’ is the our office was so cold. It was so cold ary 1, 2014. I am 62, in good health, but need word of James Hoffa, the president of that sometimes we would open our win- health insurance. I do not know what my op- tions will be if I can even afford a govern- the Teamsters. dows to our office, even though it was ment-run plan. That nightmare is very real for that hot outside, and it would let in this couple. It is real for so many Ameri- That is not me speaking. That is hot, humid air. Sometimes we were cans. Yet it is a nightmare. It is now reading a letter from one individual tempted to build fires in the fireplace late at night. I am going to venture to who is 62 years old who had insurance in our small office in the middle of the say most Members of the Senate are but is losing that insurance because of summer, because it was so cold in the home in bed asleep while America lives ObamaCare. Not working. It is simply office that our hands would get numb the nightmare. If we were listening to not working. and we could barely write. That is a the people, we would not be home Another constituent from Fort significant portion of a law clerk’s job asleep. If we were listening to the peo- Worth, TX, wrote on September 9, 2013: is to write, write a lot of material. ple, we would be experiencing that We would walk over to the thermo- My husband was with IBM for over 30 nightmare, we would be waking up— stat thinking that might solve the years. We considered the health insurance was part of our salary. Two weeks ago, I much like my little girls do sometimes problem. It was too cold, so we turned found out that they are canceling the insur- when they have a scary dream—but we the thermostat up thinking that would ance for retirees and their spouses because of would be responding like any parent make it a little bit warmer and, there- ObamaCare. They say they will give me a does when your child has a nightmare. fore, more tolerable in our office. First

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6776 CONGRESSIONAL RECORD — SENATE September 24, 2013 we would move it up a little. It didn’t those increments into law. I believe utter that many words, so I spit out do any good. Then we would move it up that is what happened here. one word. The word was ‘‘reverse.’’ a lot and it still didn’t do any good. It But the proper response to a broken Dad, reverse. Well, he got that mes- was still freezing cold in our office in thermostat, or a thermostat that is in- sage. He put the car in reverse, and he the middle of the summer in Wash- stalled backward, is not to continue got the Oldsmobile off my foot. ington. using the same thermostat. The solu- But for my ability to utter that one When it came to be wintertime, we tion has to be to fix the thermostat, to word in a relatively short period of had a similar problem but at the oppo- replace it. We have got a broken ther- time that seemed like an eternity site end of the thermometer. In the mostat with this law and it needs to be under the circumstances, my foot may wintertime we found that our office replaced entirely. well have been broken, my siblings was intolerably hot. It was hot all the I am also reminded of another story, probably would have found that mildly time. It was so hot that we were sweat- a story that is somewhat related that amusing under the circumstances, and ing. It is hardly appropriate, when helps us understand some similar I probably wouldn’t have gotten my working as a law clerk at the Supreme points. homework done that night. As it Court of the United States, to wear One night when I was a teenager, I turned out, I was able to avoid that and shorts to work, especially in January, think I was about 14 years old, I was it was because I was able to utter that so we didn’t do that. Because it was so out with my family. I grew up in a one word, reverse. hot we frequently found ourselves large family, seven children, but in Sometimes when you are doing some- tempted to open the windows again, Utah that is sort of a medium-sized thing that hurts someone, you have to letting in very cold air from the out- family, but that is a discussion for a reverse. You have to turn off that side. Because we were so hot we had to different day. We were out somewhere which has been turned on which has do something to balance out the tem- with the family. I think we had gone been harming people. This law, turned 1 perature. Again, we went to the ther- out for dinner, and we were headed on 3 ⁄2 years ago, is harming people. It mostat to no avail. It was intolerably home. As we were almost to our home, is going to do a lot more if it remains hot so we, of course, turned the ther- one of my younger sisters suggested to in the on position. We need to put this mostat down, first a little, and it my dad that we go out for ice cream as car into reverse. We need, at a min- didn’t do any good, and then a lot, and a family. We were almost home, and imum, to halt the operation of this it still didn’t do any good. recognizing that we were almost home, law. After a while we called the mainte- I all of a sudden realized I didn’t want The best way, I believe the only way nance people of the building. In fact, to go out for ice cream because I had at this point, to achieve that, short of we called several of the maintenance homework. I asked my dad to keep repeal, is by defunding. Say: Look, at a people in the building. It was an old driving home, drop me off at the house. minimum, let’s halt the spending on further implementation and enforce- building, finished in 1935. It was under- The rest of the family could continue ment of this law while we get certain going renovation at the time. The ren- on and go and get ice cream together. things sorted out as a country, while ovation went on for many years. We ul- That way I could stay home, get my homework done, and I wouldn’t have to we figure out what else we can do. timately got to the top maintenance The objections to this are many. be up too late. and management supervisor in the Su- Some say this can’t ever happen. You It all worked well. I had all my sib- preme Court. He ended up spending a don’t have the political will to do that, lings in the car. That is a lot of kids in fair amount of time trying to find out and you don’t have the political muscle the car, but my dad pulled up in front what was wrong with our heating and to do that. It can’t happen. We know of our house to let me out. I was in the air conditioning system, trying to fig- one thing for certain. It is never going back seat of the car. I opened the car ure out why on Earth it was so intoler- to happen if we don’t try. ably cold in our office in the summer door, and I put one foot out of the car, We also know a number of other and why it was so intolerably hot in starting to get out. I wish to tell you can’t-win battles have been fought and the wintertime. something a little bit about my fa- ultimately won. A few months ago, His conclusion was relatively simple, ther—my late father, may he rest in Americans were being told we are and it was not what we expected. He peace; he died 17 years ago. He was a going to have significant gun control came to us and he said, OK, I have dis- very good man, a wise man, a smart legislation, significant legislation that mantled your entire system and I man. He was one of my greatest heroes could eat away in a meaningful way found the problem. Your thermostat in this life. He had many talents, but through your privacy and your right to was installed backward. When you he was also very absentminded. Some- own a gun in this country. We are turned the thermostat up, trying to times he wasn’t paying attention, and going to have some form of gun reg- make it warmer, it had the opposite ef- this was one of those moments. istration system. We were told this is fect. It was only making it colder. As I stepped one foot out of our Olds- happening, just accept it, just deal When you turned the thermostat down, mobile, my dad started to drive off with it, there is nothing you can do trying to make it cooler, it was only with half of my body still in the car. about it. A few people in Congress dis- making it hotter in your office, hence Somehow the Oldsmobile ended up on agreed with that conclusion. A few peo- your problem. top of my foot turned around back- ple in Congress resisted, and we As he said this, I looked out the win- wards. That is a little bit hard to de- stopped it. dow across the street at the Capitol, scribe. The Oldsmobile, with a whole Only a few weeks ago it was regarded and I thought I wonder if there is bunch of kids in it, weighs a lot. All of as an indisputable truth that we were something Congress can learn from a sudden the Oldsmobile was on top of going to get involved in some kind of this. Sometimes Congress, out of an my foot as it was turned around back- military strife in Syria. A swelling abundant, legitimate, well-intentioned wards. I was trying to explain to my group of lawmakers from both Houses desire to achieve good in society will dad we had a problem, but all that in both political parties started ex- do something. Sometimes that some- came out were grunts and groans. I pressing reservations with that idea. thing is the only thing Congress knows couldn’t quite find the words to tell Before long people stopped saying re- how to do at the moment. Why? Be- him that we had a problem, because I sisting that effort was impossible. cause Congress legislates. It is what we was in so much pain. After a while, they stopped saying it do. He realized at that point I was still was improbable, and after a while As I have said before, sometimes in the car, but it still didn’t occur to movement to resist getting the United when you are holding a hammer, every- him that the car was on top of my foot. States involved in military action in thing starts to look like a nail. Some- Finally I mustered the presence of Syria became absolutely unstoppable. times when Congress acts, even with mind to get out one word, one word In one way or another, I believe the the best of intentions, it gets it wrong. that I knew I could pronounce, one effort to stop ObamaCare might bear The risk of this is especially high when word that would send the message un- some resemblance to this. It might op- Congress acts in 2,700-page increments equivocally to my father: Get the Olds- erate under a somewhat different time- that no one has read prior to passing mobile off of my foot. But I couldn’t frame. Initially, people said the effort

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6777 to stop this law was one that was im- House-passed continuing resolution I stand with the House of Representa- possible. that funds government but defunds tives. I stand behind Speaker BOEHNER I think we are reaching the point at ObamaCare to an open amendment and the Republicans who assisted him which it is being described by many as process, a process by which Senators, in getting this passed. I want to get improbable. In time, as more and more both Republicans and Democrats, may this passed. I would like to pass it as Americans join this cause, as more and propose alterations to that continuing is. If we can’t pass it as is, on a single more Americans reach out to their resolution as they deem fit. This would as-is vote, I want to see us with an Senators and their Congressmen, this require us to debate, discuss, and vote open amendment process. The Senate effort will become absolutely on a number of amendments. majority leader is proposing neither. unstoppable. Either of these alternatives would be So I ask Senator CRUZ: How does the Because the American people love equally acceptable. I can see argu- Senator see this, how could one pos- freedom, the American people were ments for either one of them. But what sibly see a ‘‘yes’’ vote on cloture on the born to live free. The sons and daugh- is not acceptable is for the Senate ma- bill, under the circumstances I have de- ters of America have freedom as their jority leader to do as he is expected to scribed, as a vote in favor of the House- birthright, and they don’t take par- do by many, which is to say we will passed continuing resolution that ticularly well to micromanagement have one amendment and one amend- funds government while defunding from a large, distant, national govern- ment only to the House-passed con- ObamaCare? ment—one that is slow to respond to tinuing resolution and that amend- Mr. CRUZ. It is a very good question the needs of the people, one that often ment will be one to gut the continuing the Senator from Utah poses, and I approaches the people with something resolution of a provision that was the would note there is only one way; that that does not exactly resemble deep ‘‘without which not’’ measure of the is, if you are trying to confuse and de- sympathy or compassion, because this entire bill to gut the defunding lan- ceive your constituents. There is no in- is not what large national governments guage. tellectually honest way to do it. are all about. At the same time, the majority lead- If you ask any rational person: If the A large national government can do er is expected widely to fill the tree, Republicans vote along with HARRY certain things well. It can do certain meaning to say no other amendments REID and 53 Senate Democrats to allow things no one else can do well. But it will be allowed. This is it. There is no HARRY REID and 53 Senate Democrats can’t be all things to all people, least more. If he is going to do that, he is to fund ObamaCare, have they stood of all physician and general caretaker not going to have my help doing it, and for defunding ObamaCare? Of course to all. When we try to do all things, we because he is not going to have my not. It is not a difficult question. It is often cause far more problems than we help doing it, that means I must vote not complicated. Those who want to confuse their con- resolve. no on cloture on the bill. So in this circumstance, we have to stituents want complication. Those In other words, HARRY REID is ex- who have, at least initially, stated remember the lesson we learned from pected to ask his Members, and is ex- they intend to vote to allow HARRY the thermostat, the lesson I learned pected to be followed by the 53 other REID and the Democrats to fund while working at the Supreme Court; Members in his caucus, for a total of 54 ObamaCare are at the same time— that sometimes if you have a broken Democrats who will vote yes when it thermostat, what you do might actu- often within hours of those state- comes to cloture on this bill, who will ally be having the opposite effect of ments—telling their constituents: I am vote yes knowing full well HARRY REID what you are trying to do. What you leading the fight to defund ObamaCare, and the 53 Democrats who follow him, are trying to do might actually make you can’t have it both ways. You can- for a combined total of 54, will vote on matters worse if your thermostat’s not have it both ways. You are either cloture on this bill. This doesn’t mean broken, if it is installed backward. willing to stand for your principles and We also have to remember that some- they are in support of the House-passed not just on an empty show. times when you get into a position resolution as adopted by the House, There was an exchange earlier with where you are causing harm or you funding government but defunding the Senator from Illinois where he was could cause more harm unless you ObamaCare. Quite to the contrary, this saying he wasn’t surprised by the change direction, that you sometimes means they are in favor of gutting it, House vote. He was certain of those just have to reverse. This, I believe, is of severing, of cutting out its most im- votes because they had voted 40-some- one of those times. portant single provision. odd times to defund ObamaCare. But To reframe all of this, we are here at If HARRY REID and the 53 Democrats there was a big difference in this Fri- nearly 2 in the morning on an other- who follow him want to do that, that is day vote, a big difference in why the wise perfectly good Tuesday night. I their prerogative. As a Republican who commentators in DC, the pundits, and guess now it is Wednesday morning. We was elected to combat ObamaCare, to all of the learned gray beards said this are here because we feel strongly about try to stop it, I will not be voting for one wouldn’t happen. The other 40- how best to proceed with a funding cloture on the bill for that very reason. some-odd times were symbolic votes. mechanism passed by the House of Rep- That could change, of course, if HARRY They never had a chance to pass it into resentatives. The House of Representa- REID decides to bring up this con- law. tives last week responded to a call tinuing resolution for a vote as is, on It is not difficult to get Republicans from the American people—a call to do its own merits, as it was written or, al- to vote in symbolic votes against something very important, a call to ternatively, if HARRY REID decides to ObamaCare. Indeed, in this body I have keep the Federal Government funded bring up the House-passed continuing introduced two amendments this year and operating but to do so while resolution under an open amendment that at the time, when there were 45 defunding ObamaCare. Once that was process, allowing Senators to propose, Republicans in this body, all 45 Repub- passed by the House, once that started debate, discuss and, ultimately, vote licans voted against it. We are going to making its way over to the Senate, we on amendments. have another vote. If Majority Leader in the Senate were faced with several But what is not acceptable is for him REID is successful in shutting off de- alternatives. to allow one and only one amendment, bate on funding ObamaCare, then all 46 I believe there are two very good al- one gutting the continuing resolution Republicans will have to vote against ternatives to addressing that. One is to of its most important provision. With it, and they will tell people: Hey, I vote on the House-passed continuing him doing that, the Democrats can op- voted against him, when it didn’t mat- resolution that funds government but pose this if they want. I will not be ter. They will leave out the ‘‘when it defunds ObamaCare on an up-or-down joining them, and I don’t believe they didn’t matter’’ part. They will leave basis, either pass it or don’t pass it, but need Republican help if that is what out that I voted to allow HARRY REID pass it or don’t pass it in as-is condi- they want to do. If they do want Re- to do that, but then once the matter tion based on how it was passed by the publicans to vote with them, I will not was decided, I cast a vote against it to House. be among them. My job is not to make confuse my constituents. That is one good option. Another op- it easier for them to gut the House- We wonder why Americans are cyn- tion would be to subject that same passed resolution. ical about politics. They are cynical

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6778 CONGRESSIONAL RECORD — SENATE September 24, 2013 about politics because too many lead- want government bureaucrats deciding employees will see their hours cut and full ers in this body, too many Democrats who gets health care when, we don’t time employees moved to part time. Small and too many Republicans are not lis- want waiting periods, and we don’t businesses, the engine of job creation, are want low-quality health care, which is seeing their health care costs rising forcing tening to the American people. them to employ fewer people than they Let me read statements from a num- what happens at the end of this road if would otherwise. ber of think tank leaders across the we continue down it. Justin Owen, the Beacon Center of Wayne Hoffman of the Idaho Free- country. dom Foundation: Matthew J. Brouillette from the Tennessee. Obamacare is destroying the quality of ObamaCare presents the most dangerous Commonwealth Foundation in Penn- health care in Idaho. The onslaught of new threat to Tennesseans’ jobs and health secu- sylvania. regulations and the fear of what might come rity than anything coming out of Wash- Giving more citizens health insurance is next from Washington is not only raising ington. And that says a lot these days. not the same as giving them health care. The costs, it has prompted countless Idaho doc- tragic outcome is that ObamaCare will harm Paul Gessing of the Rio Grande tors to give up medicine or join large hos- the very Pennsylvanians it purports to help. Foundation, New Mexico. pital or group medical practices. As a result, Francis X. De Luca from the Civitas ObamaCare locks in the worst aspects of the close knit doctor-patient relationships Institute of North Carolina. American health care. Rather than restoring that have endured in many of our commu- the patient-doctor relationship, it puts the nities have vanished entirely. ObamaCare is about neither health nor IRS and the Federal Government alongside care. It is about forcing Americans to buy a Do you like your doctor? Do you like insurance companies between patients and continuing to see your doctor? With service they may neither need nor want. In their doctors. the end, it will reduce the availability of ObamaCare, that relationship is in health services for citizens while making Matt Mayer, Opportunity, OH. jeopardy. Why do you think so many those available more costly. ObamaCare is distorting insurance mar- Americans are unhappy with this law? kets, forcing Ohioans to make changes they That sounds like a great option: Janie White of the Wyoming Policy do not want to make and expanding one of Institute: Fewer choices than the ones you have the least effective and most costly govern- and more expensive. No wonder James ment programs in U.S. history. ObamaCare is closing businesses in the Hoffa, head of the Teamsters, calls small populated state of Wyoming. Full-time Mike Stenhouse from the Rhode Is- is going to part-time and in a state where ObamaCare a nightmare. No wonder so land Center for Freedom and Pros- small business is prevalent, it’s hurting an many Americans are suffering and ask- perity. entire state; not just one industry. ing for Congress to listen to their pleas In Rhode Island, not only will up to 75 per- Dave Trabert of the Kansas Policy to give them the same exemption cent of those currently uninsured remain un- Institute: insured after ObamaCare is implemented, President Obama has already given Scholars at Kansas Policy Institute esti- but our State has still not determined how huge corporations and Members of Con- mate that Medicaid is expected to consume to pay for its wasteful exchange after the gress. 31% of Kansas’ General Fund Budget by 2023 Federal subsidies end. Connor Boyack from the Libertas In- under Obamacare and its proposed Medicaid stitute in Utah: Scott Moody from the Maine Herit- expansion. The ‘‘woodwork effect’’ of The Affordable Care Act is unfair, invasive age Policy Center observed: Obamacare alone is expected to cause over $4 and an illegitimate burden on taxpayers. In The Maine Heritage Policy Center has billion in tax increases or spending reduc- attempting to remedy certain health care profiled several Maine businesses employing tions for other government services in just problems, it follows the historical pattern of hundreds of Mainers that simply can’t afford the first ten years of Obamacare. government intervention and creates even to absorb the increased costs under Gary Palmer of the Alabama Policy more of them. ObamaCare. In fact, in one case the higher Institute: ObamaCare costs will consume anywhere Because of the Budget Control Act, which Ellen Weaver from the Palmetto Pol- from 54 percent to 134 percent of the com- the Republicans passed in 2011, spending re- icy Forum in South Carolina. pany’s profits. ductions for the next fiscal year are already South Carolinians are already starting to This burden could ultimately put this com- set in place by law and will require approxi- pany out of business, which would not only feel the front end of the shockwave as sev- mately $1.3 trillion in discretionary cuts mean no health insurance for their employ- eral local employers cut work schedules to over the next eight years. These cuts can ei- ees, but it would also mean no jobs either. part time. And we are left to imagine the ul- ther be done through another round of se- timate decimation on the budgets of Pal- Doesn’t that describe the nightmare questration in which the Obama Administra- metto State families as personal rates sky- James Hoffa of the Teamsters was tion will determine what is cut, or it will be rocket and people are forced off their current talking about—employees losing their done proactively by defunding ObamaCare insurance that we were promised we would jobs, employees being forced into part- which, according to the latest Congressional be able to keep. In fact, just last week, Pal- Budget Office (CBO) estimate, will cost $1.85 metto Policy Forum’s president received a time work and losing their health in- surance all at the same time? No won- trillion over the next 11 years. Keep in mind letter telling her she would be losing her pri- that in 2010 the CBO estimated that vate policy. And this is just the beginning of der the unions are speaking out or re- Obamacare would only cost $898 billion for the promised ‘‘trainwreck.’’ maining silent no longer. the first 10 years. With the U.S. already fac- Sally Pipes from the Pacific Re- How long will it be until we see ing a $16 trillion debt and continuing to run search Institute in California. Democratic Senators who have the a trillion dollar annual deficit, and with all Unless ObamaCare is repealed and re- courage of James Hoffa to remain si- the uncertainty surrounding what placed, America will be on the ‘‘road to serf- lent no longer and to speak out for the Obamacare will actually cost, defunding dom’’ and there will be no off-ramp. We will men and women of America who are Obamacare would be an act of fiscal respon- be headed for a single-payer, Medicare for all losing their jobs, who are being forced sibility as intended by the passage of the system such as exists in Canada. Americans into part-time work and are losing Budget Control Act. will face long waiting lists for care, rationed their health insurance? How long will Carl Graham from the Montana Pol- care, and a lack of access to the latest treat- it be before all 46 Republicans do more icy Institute: ments and procedures. Where will the best than give speeches against ObamaCare Obamacare has already resulted in the con- doctors and we as patients go to get first- and actually stand and fight this fight, solidation and centralization of the health rate care? care industry in Montana, removing choices stop saying we can’t win it and actu- Interestingly enough, the majority and competition, especially in the state’s ally stand up and start to win it? rural areas. leader of the Senate, HARRY REID, Paul Mero from the Sutherland Insti- Andy Matthews of the Nevada Policy agrees with Ms. Pipes. Both Sally Pipes tute in Utah: Research Institute: and Majority Leader REID say the end The ACA is a hallucinogen for its recipi- At a time when Nevada is already suffering result of ObamaCare is—and indeed is ents and defenders in the search for prudent under the highest unemployment rate in the designed to be—single-payer, govern- ways to address the medical needs of our un- nation, the so-called Affordable Care Act ment socialized health care. The only insured. A true Utah solution will rely on now threatens to do even more damage to difference is that Majority Leader REID our people, not the federal government. the Silver State’s jobs picture. Every day I thinks that is a good idea and Sally Mike Thompson from the Thomas hear from frustrated business owners who Pipes and the American people think Jefferson Institute in Virginia: would like nothing more than to hire new that is a terrible idea. Because we It looks as if those on the low end of the employees but can’t because of the many don’t want our care rationed, we don’t income scale will be harmed as part time barriers to hiring that this law has created.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6779 Trent England of the Freedom Foun- proving to be not affordable at all and the aren’t elected officials listening to the dation in Washington State: uncertainty surrounding its implementation people? We need to together make D.C. is weighing on our employers and holding Washington State’s Freedom Foundation listen. back our economic recovery. Wisconsinites reports some small businesses are already Mr. LEE. Will the Senator yield for a deserve better. being told their health insurance rates will question? double, punishing some of the state’s hardest J. Robert McClure, III, from the Mr. CRUZ. I am happy to yield for a working people, hurting job creation, and James Madison Institute in Florida: question without yielding the floor. stifling economic growth. In Florida, where tourism and seasonal hir- Mr. LEE. I have two sons and a Robert Alt from the Buckeye Insti- ing are a way of life, small businesses and daughter. My two sons are twins. They tute for Public Policy Solutions in large ones are confused and frustrated as to are teenagers. They are good boys. Ohio: how to move forward. Arbitrary delays and They are both 4.0 students, and I enforcement by the federal government of couldn’t be more pleased with them. So far, Obamacare has been a game of this invasive and unwieldy law have created drawing straws: a good deal for the IRS and a climate of paralysis in Florida when it They work hard. others who have the ability to secure exemp- comes to job creation and planning. In a I had an experience with them about 1 tions for themselves: Congress, a motley state of roughly 19 million people, where the 1 ⁄2 years ago that comes to mind. I was group of companies with connections, some economic climate is poised in every way to driving down the street with them in unions, and friends of the Obama administra- take off, no organization be it in business, my car one day. We were listening to tion; and the short straws being won by aver- education, healthcare or government knows the radio, as I often do with them. We age Americans, medical professionals, small how to proceed. The Affordable Care Act has were listening to a popular song famil- businesses, the overwhelming majority of only created stagnation and insecurity in iar to all three of us, a song we had seniors who are happy with their current Florida—with a hefty price tag to come, paid heard on many, many occasions. plans, and our children and grandchildren. for on the backs of every taxpayer in the The results of this rigged game are an inva- On this particular occasion I started state. noticing the lyrics more than I had on sion of privacy, increase in healthcare and State representative Geanie Morrison insurance costs, loss of freedom, distortion previous occasions in the past. All of a of the free market, and a host of changes from the Texas Conservative Coalition: sudden, for whatever reason, I noticed Americans never hoped for. The so-called Affordable Care Act is not that these were not good lyrics. These even fully implemented, and is already cost- Jim Stergios of the Pioneer Institute were not wholesome lyrics. These were ing jobs, leading to costly increases in insur- not lyrics that any God-fearing father in Massachusetts: ance premiums, and promising billions of The ACA will slow the future of innovation dollars in new taxes. Texans should not have of teenaged boys would necessarily in Massachusetts, especially in the medical to shoulder the cost of Obamacare, which is want his sons listening to. All of a sud- device field, which faces hundreds of millions why we implore our Texas delegation to den I pointed out to my twin sons, of dollars in new taxes. In addition, the so- defund this unpopular, unworkable, and turning down the radio, These were called ‘‘cadillac-tax’’ that will burden many unaffordable law. terrible lyrics, and I asked them: Have Massachusetts Chevy drivers: Over half of And Finally, Jim Waters of the Blue- you ever really listened to the words of the citizens of the state by 2018, including grass Institute of Kentucky: this song? Do we like the message that union members, and hundreds of thousands is in this song? of the middle-class. Obamacare will devastate Kentucky’s al- ready-struggling economy. We already have My son John didn’t miss a beat. Kim Crockett from the Center for the entire areas where expectant mothers in Without hesitating, without batting an American Experiment in Minnesota: rural areas must drive two hours to see an eye, John looked right at me and said, Minnesota has one of the finest health care ob/gyn. But there will be nowhere that any Dad, it is not bad if you don’t think systems in the world. It is unfortunate that Kentucky family or small-business owner about it. I immediately thought it was Gov. Mark Dayton has whole-heartedly em- can go to hide from the increased costs and funny that was his response. This was braced the incursion of federal authority in destruction of our personal liberties result- teenage reasoning at its very best. It is ing from this policy of redistribution. our state. The ACA is anything but afford- not just teenage reasoning. It is the able and threatens the delivery of quality That list of quotes spans the country. care to all but the most financially secure way a lot of us think about things by It wasn’t just one region. It wasn’t just saying certain things aren’t bad if you Minnesotans. The gross misallocation of Republican States. It wasn’t just local, state and federal resources could in- don’t think about them. stead have been used to improve health care. Democratic States. Those are quotes In many respects, that is reflective of Instead we are bureaucratizing it. We con- from think tanks in North Carolina, what we face in our country today. A tinue to advocate for portable, patient- Utah, South Carolina, California, Ten- $17 trillion debt growing at a rate ap- owned defined contribution plan as an alter- nessee, New Mexico, Ohio, Rhode Is- proaching $1 trillion a year isn’t bad if native to one-size-fits-all health care. land, Maine, Utah, Virginia, Idaho, Wy- you don’t think about it. Having a Jim Vokal of the Platt Institute of oming, Kansas, Alabama, Montana, 2,700-page health care law with 20,000 Nebraska: Washington State, Massachusetts, Min- pages of implementing legislation isn’t At the expense of middle class, every day nesota, Nebraska, South Carolina, Wis- bad if you don’t think about it; having Nebraskans, Obamacare’s implementation consin, Florida, and in the State of between $1.75 trillion and $2 trillion a will cause undue hardship on the families Kentucky. year in existing Federal regulatory and the younger generation all across the Let me ask everyone watching: Have compliance costs is not bad, if you state. Governmental intervention rather the Senators from each of those States don’t think about it; having the world’s than personal choice is not the Nebraska come out and said they will defund way. highest corporate tax rate, at least the ObamaCare? Have the Democratic Sen- highest corporate tax rate in the devel- Ashley Landess from the South Caro- ators from each of those States said: I oped world, isn’t bad if you don’t think lina Policy Council: have listened to my constituents, I about it. A lot of these problems we SC business owners are forced to close have listened to the people who are los- face are not bad, but only if you don’t their doors and sell off family businesses, not ing their jobs, who are being pushed think about them. only b/c they can’t afford the mandate but into part-time work, who are seeing The problem is in the Senate it is our because they can’t even predict the cost— health insurance premiums skyrocket and neither can anyone else. job to think about these problems. It is or losing their health insurance. Have our job to think about the fact that we Brett Healy from the John K. the Democratic Senators representing have on the books a law called the Pa- MacIver Institute for Public Policy of those States said that? tient Protection and Affordable Care Wisconsin: And have the Republicans rep- Act that will make a lot of things Before Obamacare, Wisconsin had one of resenting those States said, we will worse for a lot of people, a law that the better health insurance markets in the stand together, and Republicans will be will have an effect not consistent with country that covered the vast majority of united against cloture on this bill be- the lofty sounding title of that law, an our citizens. Now, under Obamacare, Wiscon- cause we are not going to vote to allow sinites will see insurance premiums increase effect that will actually result, in on average 51% and in many parts of the HARRY REID and the Democrats to fund many instances, in health care that is Badger State, we will have only one com- ObamaCare, to gut the House Repub- both unfair and less affordable. pany to choose from and no consumer choice. lican bill? And if they haven’t, it is a We have to think about what our re- In Wisconsin, the Affordable Care Act is reasonable question to ask why. Why sponsibilities are. We have to think

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6780 CONGRESSIONAL RECORD — SENATE September 24, 2013 every single day about how this is independence. Instinctively, reflex- Article I, section 8, has 18 clauses and going to affect the American people. ively, quite understandably we estab- goes through the basic powers of Con- We have to be willing to say we are not lished a national government because gress. Congress, of course, has the going to allow certain things to per- we knew we would need one. We knew power to tax and the power to spend sist, things that would harm the Amer- that each of these Thirteen Colonies within the powers authorized by the ican people, and that means we have to could not exist independently as a free- Constitution. Congress has the power listen to the American people when standing Republic. We knew we would to regulate trade—referred to in the they cry out for help. need a national government to provide Constitution as commerce—among the They have cried out for help in re- for those basic things that a national States, with foreign nations and among cent weeks as they have asked Con- government generally must provide. the Indian tribes. Congress has the gress again and again to defund We knew that national governments, power to coin money and regulate the ObamaCare, as they have asked Con- at least our national government in value thereof; develop the uniform set gress to keep government funded. They this circumstance, would need to be in of laws governing naturalization or don’t want a shutdown. We don’t want charge of a few basic things such as na- what we would today call immigration; a shutdown. I know I don’t want a tional defense. Yet we feared what na- the power to provide for our national shutdown. I don’t think Senator CRUZ tional governments could do because defense; to declare war; the power to wants a shutdown. In fact, I don’t we know that when governments be- come up with a system of laws dealing come big there is a greater risk toward think I know any Member of Congress with bankruptcy; to establish a uni- tyranny—even if it is a type of tyranny of either House or either political form system of weights and measures; that exists only by degrees. We knew party representing any of our country’s to establish postal roads. There are a that the risk of this kind of tyranny— 50 States who wants a shutdown. few other powers, but this is the basic What we want is to keep government some might call it soft or incremental tyranny—exists even in republics, even gist of them. funded. What the American people Then there is my favorite power, the when democratic forces are at play. We want is for us to fund government power to grant Letters of Marque and knew this type of risk of soft tyranny, while defunding ObamaCare. That is Reprisal, a power that we too often fail as some would describe it, is greatest precisely what the House of Represent- to recognize, a power I wish we would within national governments. atives has done. I salute the House of The bigger the nation, the more pow- get to debate and discuss longer and Representatives. The House of Rep- erful the government and the fewer the more frequently in the Senate. A Let- resentatives, the Republican leader- restrictions on that government, the ter of Marque and Reprisal was effec- ship, has been thinking about it. They greater the risk that the rights of the tively a hall pass issued by the U.S. have been thinking about this law and people will be undermined; the greater Congress in the name of the U.S. Gov- the many problems it threatens to cre- the risk the people of that great nation ernment that entitles the bearer of ate for our Nation’s 300 million-plus will become subjects rather than that hall pass to be a pirate on the people. sovereigns—which of course they high seas. Regardless of how long I We have to think about the fact that should always be. might serve in the Senate, I hope one every time we make a law we are ex- So for that very purpose we put in day to be granted a Letter of Marque panding the reach of this government. place a very limited-purpose national and Reprisal so I can become a pirate We have to think about the fact that government, originally under the Arti- as I longed to be as a child. You are all we became an independent nation, a cles of Confederation. We put together invited to join me when I get that Let- nation that flies its own flag rather a weak national government. It was so ter of Marque and Reprisal. than the Union Jack, a nation that weak in fact it was ineffective. It was The point is the powers of Congress pays tribute to the sovereignty of the not able to do the things our basic na- are limited. These are powers that people rather than to the supposed sov- tional government needed to do. Con- James Madison cited in defending the ereignty of a monarch. A couple of cen- gress, under the Articles of Confed- Constitution against people who ques- turies ago this was not just an act of eration, had some powers but they tioned him, against those who feared rejection of the idea of having a mon- proved to be not enough. It had no this Constitution might give rise to a arch, this was not just a rejection of power of raising revenue independently general purpose national government, the Union Jack, this was not just a of the States. It had no power of regu- one empowered with so many powers statement to the effect that we did not lating commerce or trade between the that it could become a tyrant. He tried want to sing ‘‘God Save the King’’ or States and with foreign countries. So to set at ease the concerns of the peo- ‘‘God Save the Queen.’’ We became our after a period of just a few years under ple in Federalist 45 when he said: own Republic at least in part because the Articles of Confederation, our The powers that would be granted to the we were subject then to a large distant Founding Fathers came together in newly established federal government upon national government, a large distant that hot, fateful summer of 1787 in ratification of the Constitution are few and national government that was so far Philadelphia and they put together a defined while those reserved to the States from the people that it was sometimes compromise document. They said we are numerous and indefinite. slow to respond to the needs of the peo- need a national government that is at He was right and he was persuasive. ple, and that national government once strong enough to be able to do Upon the advice of James Madison and based not in Washington, DC, because what a National Government must be others, the States ratified the Con- Washington, DC, did not exist then. able to do in order to protect us so we stitution. They did so with that very What is now Washington DC was then can be a nation. Yet we also need those understanding, that this body, the leg- part of the colony of Maryland. powers to be sufficiently limited that islative body created by the Constitu- Our national capital, based in Lon- the risk of tyranny, even incremental tion, the U.S. Congress, consisting of a don, taxed the people too much. It reg- tyranny or tyranny by degrees, will be Senate and a House of Representatives, ulated the people too aggressively, too kept to a minimum. would possess legislative powers that oppressively. When the people called So our Founding Fathers wisely were not so broad as to encompass all out for help, that government was slow came up with a list, a list of powers the day-to-day interactions of human to respond to their needs—in part be- that we knew the national government beings. We would not possess what peo- cause it was so far from them, so dis- would need powers that we knew need- ple refer to as general police powers. tant from them. It was not just distant ed to be exercised at the national level. We do not have the power to make from them in terms of measurement, in Those powers, the vast majority of whatever law we think is a good idea. terms of geography, but also distant which are found in one part of the Con- A good idea is not nearly enough. We from them in that its interests were stitution—often overlooked but per- have to find something in the Constitu- somewhat detached from those of the haps the single most important portion tion that puts us in charge of legis- American people. of the Constitution, at least for our lating within that area to promote Ultimately we became our own coun- purposes here—the part of the Con- that good idea. We have to find some- try. Ultimately we declared our inde- stitution we have to look to more fre- thing in the Constitution that gives us pendence, we fought for it, we won our quently here, article I, section 8. the power to do it.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6781 During the first 100, maybe 150 years & Laughlin Steel Company. In that commerce—commerce within a State. of our Republic as it operated under case, the Supreme Court adopted an Commerce which is within a particular the Constitution, we followed pretty early version of what has become its State is not subject to Congress’s au- closely this document, what some de- modern common clause jurisprudence. thority and the commerce clause. scribe as the enumerated powers doc- The Supreme Court started concluding Roscoe Filburn argued—through his trine. Sure, there were arguments from that where there is an activity that is lawyer—that the wheat he grew in ex- time to time over this or that legisla- commercial or economic in nature, cess of the national wheat production tive proposal. There were arguments Congress may regulate that activity so limit never entered interstate com- that arose, for example, over whether long as there is a substantial connec- merce because it never entered com- we should have a national bank. tion between that activity and inter- merce at all. Roscoe Filburn used that You had debates among and between state commerce. It was in that case wheat entirely on his farm. He used the political branches of government, that the Supreme Court, for the first some of it to feed his animals, some of meaning Congress and the Presidency, time, smiled upon Federal regulation it to feed his own family, and he re- that often centered on the principles of of what were previous to that time con- served the balance of that grain to use the Constitution. It was very common sidered local activities, such as labor, as seed for the following season. to have constitutional concerns manufacturing, agriculture, and min- So on that basis, he said: Look, you brought up on the floor of this body or ing. can get after me for any reason you on the floor of the House of Represent- That is not to say those things want. You can get after me, if you atives as a basis for halting serious should not be regulated by any govern- want, for violating this wheat produc- consideration of a legislative proposal ment anywhere. It is not to say the Su- tion limit, but the fact is this law can on grounds that it simply was not preme Court—prior to NLRB v. Jones & have no application here because this within Congress’s power to enact. Laughlin Steel—ever suggested other- wheat never entered interstate com- It was not necessarily considered ac- wise, but it is to suggest that prior to merce or any other form of commerce. ceptable to say let’s let another branch that case regulation of local activities, It never left my farm. of government think about it. Let’s let such as labor, manufacturing, agri- Interestingly enough, the Supreme the Supreme Court iron it out. Let’s culture, and mining were considered Court of the United States saw it dif- let the Supreme Court decide whether more appropriate for State and local ferently. The Supreme Court of the it is constitutional. Within the polit- governments and not for our national United States found that even that ical branches of government, fre- government. Within the next 5 years, wheat that never left Roscoe Filburn’s quently proposals were stopped on the Supreme Court solidified its posi- farm was subject to the long arm of grounds that they were unconstitu- tion on the commerce clause, and in Congress and the long arm of the Fed- tional. many respects it allowed its power to eral Government. It was subject to Fast forward 130, 140, 150 years, and reach a high watermark in the 1942 that same Federal power that James things started to change. The Supreme case of Wickard v. Filburn. Madison once described as few and de- Court, early in the administration of Let’s talk about that case for just a fined. All of a sudden the supposedly President Franklin D. Roosevelt, minute because I think it bears on few and defined powers were broad pushed back on a lot of FDR’s more ag- what we are talking about. That case enough somehow to extend to Roscoe gressive attempts to expand the reach, involved a farmer by the name of Ros- Filburn’s pernicious wheat. the size, the scope, the cost of the Fed- coe Filburn. He got in trouble with the The Supreme Court said, in essence, eral Government. It resisted those and law. You might be asking yourselves: that this wheat, because it was grown said: Look, regardless of what the pol- What did farmer Roscoe Filburn do? and used on Roscoe Filburn’s farm in icy merits might be of this Federal pro- What did he do to get in trouble with excess of the grain production limit gram or that one, we still have a lim- the Feds? Was he a bank robber? No, he imposed by Federal law, it was grain ited purpose as the Federal Govern- didn’t rob a bank. Was he a drug deal- that Roscoe Filburn would have other- ment and not an all-purpose national er? No, he didn’t do that. Was he a wise purchased but did not have to pur- government. That limited purpose—the murderer or a kidnapper? No. You want chase on the open market, a market national government—has to find to know what Roscoe Filburn did? He that was distinctively interstate. something in the Constitution each committed a grave offense against the Because he grew it and used it on the time it legislates. If it fails to do that, United States. He grew too much farm and did not buy it somewhere then no matter how good of an idea it wheat. Yes, scary but true. Roscoe else, thus by growing too much wheat, is, it can’t fly. Filburn grew more wheat than Con- Roscoe Filburn shamefully distorted By the end of F.D.R.’s Presidency, gress, in its infinite wisdom, saw fit for and undermined the interstate market the Court changed course. There are a any American to grow in any 1 single and wheat. He undermined it in the number of reasons for this, but the pre- year. sense that it drove the price in a dif- vailing theory is that the Supreme By then Congress decided it needed ferent direction than Congress, in its Court got scared. It got scared as a re- to regulate every aspect of human ex- infinite judgment, saw fit to direct the sult of F.D.R.’s Court-packing plan. istence, if possible. It even had the wis- economy. So the Supreme Court of the In 1935, the Supreme Court moved dom and foresight necessary to direct United States upheld the fine that was into its new building across the street, the entire economy right down to how assessed against Roscoe Filburn. The the shining marble palace we see just much wheat a particular farmer could reasoning of the Supreme Court em- outside the door to the Senate. The legally grow. Roscoe Filburn was fined ployed in Wickard v. Filburn is a fas- Justices liked their new white marble many thousands of dollars for growing cinating study in legal and verbal gym- palace. They enjoyed it. They didn’t too much wheat. That was a lot of nastics. It is a fascinating study in the want F.D.R., or any other President, money in those days. idea that everything affects everything raining on their parade by packing the Fortunately, Mr. Filburn had a good else. They basically said that the Court and fundamentally altering the lawyer. Mr. Filburn was determined wheat Roscoe Filburn grew on his farm nature of the Court’s composition. So not to allow his life to be microman- affects the interstate wheat market in for that reason, many theorized, the aged by Federal officials in Wash- much the same way that butterflies Court changed its position. The Court ington, DC. Mr. Filburn challenged the flapping their wings in Brazil can af- stopped resisting F.D.R.’s attempts at enforcement of this law against him fect weather patterns in North Amer- expanding the Federal Government’s with a theory. He said: Look, the stat- ica. power. ute I have been accused of violating We are somehow asked to have faith People trace the change in jurispru- was enacted pursuant to the commerce that this does, in fact, happen. I am dence to a number of different mo- clause of the U.S. Constitution, article told that climatologists can prove ments. I think one of the pivotal mo- I, section 8, clause 3. The commerce there is an impact by the butterflies in ments occurred in 1937 when the Su- clause applies to interstate commerce South America on weather patterns in preme Court of the United States de- or commerce for trade occurring be- North America. I don’t know how, but cided a case called the NLRB v. Jones tween the States and not intrastate you have to make a lot of inferences

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6782 CONGRESSIONAL RECORD — SENATE September 24, 2013 before you get there. But as many in- acted pursuant to the commerce They are there to decide cases and con- ferences as has to be made with the clause, could not be defended as a valid troversies based on the law and the butterflies, I think there are even more exercise of Congress’s power under the facts before them. inferences that have to be drawn with commerce clause. To that extent, they In the case of the Patient Protection respect to Roscoe Filburn’s wheat. concluded it was unconstitutional. and Affordable Care Act, they rewrote I remember studying this case in my But then the Supreme Court went on the law not just once but twice—once high school history class. I remember somehow to conclude that this was a by transforming what was enacted as a arguing with my history teacher about valid exercise of Congress’s power to penalty into a tax in order to save that this. I remember my history teacher impose taxes even though Congress had law from an otherwise certain doom, a eventually telling me: Get over it, Mr. attempted unsuccessfully to pass this doom necessitated by important con- LEE. The Federal Government is big as a tax, even though new taxes have to stitutional limitations; the second and powerful, and that is just the way be introduced in the House of Rep- time when the Court concluded by an things are. Yet I think we have a cer- resentatives and passed into law by even wider margin—7 to 2—that Con- tain responsibility to look back both Houses of Congress and signed gress had violated the Constitution by through our history and to question into law by the President, even though imposing on the States a mandate to from time to time the judgments of the the Supreme Court of the United expand their Medicaid Programs with- Supreme Court of the United States, States has no authority to levy taxes, out giving them any reasonable alter- especially when those judgments en- impose taxes or create taxes. native, any available alternative. The able the Congress to extend its power The Supreme Court of the United Supreme Court, again by a 5-to-4 mar- far beyond what Madison described as States created out of whole cloth a new gin, after 7 to 2—after the Justices, by few and defined powers. tax which it imposed on the American a margin of 7 to 2, had found that this In a sense, what we have done ever people. They imposed a middle-class was unconstitutional, five of them—by since Wickard v. Filburn is we contin- tax hike, which the Court has no power a margin of 5 to 4—saved the provisions ued to expand Federal authority be- to impose. It has no power to levy simply by rewriting the law, by insert- yond that. We have never fully re- taxes. Yet the Court did it anyway. ing into the law an exception in the treated from that high watermark. When I tell that story, I get asked all law that the law did not provide. What we have seen is a perpetually ex- the time: How then did the Court do it? I believe it may have been Shake- panding national government, one that If the Court has no power to do it, how speare who originally penned the words is capable of imposing an estimated $2 did it do it? It just did. It just declared ‘‘he will cheat without scruple who can trillion in Federal regulatory compli- it to be so and the rest of us were ex- without fear.’’ I have also heard it at- ance costs alone, a Federal Govern- pected to accept that and get over it tributed to Benjamin Franklin. I am ment that imposes a couple of more and move on, just as I was told by my not sure which of them was the origi- trillion dollars in taxes a year from the high school history teacher to accept, nator of that quote, but I have heard it American people, and manages to get over, and move on from Wickard v. attributed to both. Regardless, there spend between $3.5 and $4 trillion every Filburn because the Federal Govern- has to be a legal corollary to that. single year. That is a very big govern- ment is big and powerful and we can When Supreme Court Justices are able ment. live with it. Well, we all just have to to make law, when Supreme Court Jus- Since Wickard v. Filburn, there are live with it but only as long as the tices are able to impose taxes and no only two instances in which the Su- American people put up with it, only as one calls them out on it, that is when preme Court of the United States has long as the American people are will- the people have to live with that. That invalidated an act of Congress as being ing to accept it. is when they get away with it. That is beyond the scope of Congress’s power The American people have never been when they are allowed to cheat the under the commerce clause. Sometimes enthusiastic about ObamaCare—not American people out of their right to I almost add a third, but then I remem- from the beginning. Their satisfaction have their laws made by men and ber the Supreme Court stopped short with this law has not improved over women of their own choosing, to have on that third. time, and it has not been enhanced. their taxes increased, if at all, only by The first two involved a case called The American people don’t deserve to men and women of their own choosing. the United States v. Lopez, which is a have to live under a law that imposes a This was wrong. This was a dastardly, case from 1995 where the Supreme massive middle-class tax hike on the cowardly act, one we can’t simply ig- Court invalidated the Gun-Free School American people, one that was not im- nore. Zones Act prohibiting the bare posses- posed by the people’s elected represent- One of the things I found so offensive, sion of a handgun within a school zone. atives in Congress but instead was im- so appalling, so disturbing, so dis- The Supreme Court concluded that the posed by five of nine lawyers who wear tressing was the fact that in the wake bare possession of a gun was not com- black robes and sit in big fancy chairs of this decision, so many people—many mercial activity at all. It was not in the building just across the street of them from my own political party— interstate commercial activity. It was from us. praised Chief Justice Roberts for his not interstate commerce, and they The American people deserve to live participation in this dastardly, inex- couldn’t get to the point where they under a system where the laws are cusable act of rewriting the Affordable could conclude that this was a valid written by men and women of their Care Act not just once but twice in subject of Congress’s commerce clause own choosing, who serve in increments order to save it. They praised him. authority. of 2 years in the case of Members of the Some of them said that this showed he The second case was decided in 2000. House of Representatives and in incre- was willing to cross the aisle at the Su- It was a case called the United States ments of 6 years in the case of U.S. preme Court. Well, that is a problem. v. Morrison in which the Supreme Senators. There is no aisle in the Supreme Court Court invalidated provisions of the Vi- Supreme Court Justices, of course, of the United States. They sit along a olence Against Women Act, including are smart men and women—every one bench. At the center of the bench is the that those provisions attempted to reg- of them. They are very intelligent, Chief Justice. There isn’t an aisle. In ulate acts of violence, however rep- well-trained individuals. I am con- fact, particularly once they have been rehensible, were themselves neither vinced that each and every one of them appointed by the President and con- interstate or commercial. loves this country and wants to serve it firmed by the Senate, Supreme Court Then, of course, in 2012 the Supreme well. Yet the members of the Supreme Justices operate in a world in which Court sort of invalidated the penalty Court of the United States are not partisan political affiliation has no provisions attached to the individual elected. They are not subject to elec- meaning. This wasn’t reaching across mandate in the Patient Protection and tion at regular intervals, and that is the aisle. Affordable Care Act. I say they sort of one of the many reasons we don’t trust Some suggested that this was some- invalidated that provision because the them with the power to write law. It is how a statesman-like act by the Chief Supreme Court of the United States one of the many reasons we don’t trust Justice, an act that revealed that he concluded that provision, though en- them with the power to impose taxes. was willing to sort of balance various

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6783 interests, an act that some Repub- which the Supreme Court of the United That continuing resolution is now be- licans even were convinced was care- States concluded that the Patient Pro- fore us. fully and wisely engineered to procure tection and Affordable Care Act’s indi- Sometimes we have to ask ourselves a Republican partisan victory in the vidual mandate provision was a valid these questions of what is it that we 2012 election cycle. That is absolutely exercise of the taxing power, the Su- are funding, why is it that we are fund- nonsense, first of all. As a political preme Court of the United States also ing it, and why is it that we should matter, we saw that it turned out not said—with, by the way, the concur- continue to stand behind a law that is to work at all. I don’t necessarily rence of Chief Justice Roberts, who was causing so much harm to the American think there is any validity to the the- the author of the majority opinion up- people—a law that was improperly ory that that is what the Chief Justice holding it as a valid exercise of the tax- brought into being in the first place, a was trying to bring about. If it was, ing power—that same opinion authored law that was improperly upheld and that would amount to an utter be- by the same Chief Justice concluded sustained, ultimately rewritten by the trayal of his judicial oath. It would that this same provision was not a tax Court, improperly, unconstitutionally also reveal him to be a really bad polit- for purposes of a law called the Anti- rewritten by the President of the ical tactician, but that is not the Chief Injunction Act. Had the Supreme Court United States. Justice’s job. It is not the job of any of the United States not reached that So I wish to ask Senator CRUZ, does justice or any jurist. The job of any ju- conclusion, had it reached the same the Senator know how long the Hun- rist is to decide each case before the conclusion under the Anti-Injunction dred Years War lasted? court based on the law and the facts of Act that it reached under the constitu- Mr. CRUZ. Well, I thank my friend the particular case. tional aspect of the challenge, and had from Utah for his remarkable discourse Some have suggested that this was the Court concluded that this was, in on constitutional law. designed to protect the enumerated fact, a tax and not a penalty, as it did As for the latest question he asked, powers doctrine or at least the idea under the constitutional analysis, then one might think the Hundred Years that there is some limit to Congress’s the Supreme Court of the United War lasted 100 years, but think again. power under the commerce clause. I be- States would have been without juris- It was 116 years. lieve that is utter nonsense. This didn’t diction to hear the case because the Things are not always as they seem. do that. In fact, I think it blew a hole Anti-Injunction Act said: If it is a tax, (Ms. BALDWIN assumed the Chair.) a mile wide in the enumerated powers you can’t review the statute being Mr. LEE. Can the Senator tell me, doctrine because what this suggested is challenged until after it has been en- where do Chinese gooseberries come that, OK, the Supreme Court is going forced, which meant that no legal, no from? to pay at least lipservice to the idea judicial challenge could have been Mr. CRUZ. I yield for this question. that the power of Congress is, in fact, properly brought, could have been Most would say China. But think limited. But if Congress colors outside countenanced by an article III court of again. Chinese gooseberries actually the lines, if Congress doesn’t utter the the United States until, at the earliest, come from New Zealand. magic words, if Congress really does sometime in 2014, after enforcement of The way things are labeled are not something quite wrong in drafting such the individual mandate began. always, in fact, what they are. that its power can no longer be appro- So it was very odd that the Court, led Mr. LEE. If the Senator will yield for priately assigned, its power can no by the same Chief Justice, concluded at another question. longer be appropriately justified under once that this was a tax for purposes of Mr. CRUZ. I will yield for a question the commerce clause, then all of a sud- constitutional analysis but that it was without yielding the floor. den the Supreme Court of the United not a tax for purposes of the Anti-In- Mr. LEE. Commercial airplanes, as States will find some other basis in the junction Act. Here again, how does the far as I know, all airplanes in the Constitution upon which to rest this Court get away with that? It gets away United States, have within them some- authority. with it because we recognize the valid- thing called a black box—a black box This is really disturbing because if ity, the legitimacy of the decision. that records the events of the cockpit. the Supreme Court can do that and if But the more people learn about this, It also records critical operating data the Supreme Court can do that even to the more they read about it, the more from the airplane so that in the event raise taxes, then Congress can pass all they become upset. I have yet to ex- of an accident, the data and the voice kinds of laws in theory purporting to plain this to a constituent who isn’t recordings can be reviewed to try to be simply exercises of its regulatory deeply disturbed by it. I have yet to ex- figure out what happened. power under the commerce clause and plain this to anyone who can really de- Does the Senator know what color then rely on the Supreme Court of the fend it on its own merits. the black box is? United States to say: Yes, OK, this So we see that this was a law that Mr. CRUZ. I say to Senator LEE, I do. may not be a valid exercise of was put in place quite improperly. It A lot of people would say it must be Congress’s power under the commerce was a law that was put in place not by black. If we were dealing with ordinary clause, but we will rewrite it as a tax. an elected legislative body but instead English language, it would be black. We will rewrite it as a tax and thereby by a judiciary that, at least for pur- But perhaps airplane manufacturers uphold it, thereby stand behind it. poses of this case, transformed itself think like Congress because the black So we get back to the question—a into a judicial oligarchy of sorts, a ju- box on an airplane is orange. question I get asked all the time by dicial legislative body—one of the Mr. LEE. There is something called a people around my State, by people many reasons we need to defund the Panama hat. Can the Senator tell me across the country when they hear implementation of this law. It was un- what part of the world the Panama hat about this decision. They ask: How can constitutional as written in two re- comes from? the Supreme Court of the United spects and would have been invalidated Mr. CRUZ. I will yield for that ques- States do this? How can the Supreme but for the Supreme Court of the tion and note it could possibly be Pan- Court of the United States get away United States rewriting it not just ama. You might think if you call it a with it? once but twice. Panama hat it would make sense that Well, they can do it because they We have to ask ourselves these ques- it would be Panama. But, no, think wear the black robes. They can do it tions from time to time: Where do we again. Ecuador. Ecuador makes Pan- because they have the printing press go with this? What do we do with it? ama hats. I do not know that anyone that prints out those decisions with That is where we get back to where we makes Ecuador hats. the fancy wording of the Supreme are now, where the House of Represent- Mr. LEE. The device known as a cam- Court behind it. They can do it because atives boldly stood behind the Amer- el’s hair brush, does the Senator know the people still regard the decisions, ican people and decided to keep fund- what it is made of? the rulings of the Supreme Court of the ing the government, funding the oper- Mr. CRUZ. I yield for that question. United States as legitimate. ations of government while defunding Curiously enough, I do. You might I do have to point out another aspect ObamaCare. That bill, that continuing think a camel’s hair brush must be of this ruling. In the same ruling in resolution is now moving over here. made of camel’s hair. There are lots of

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6784 CONGRESSIONAL RECORD — SENATE September 24, 2013 camels. They have hair. Surely you can am not allowed to ask Senator LEE a So, no, it is not by any means an ac- make a brush. Well, maybe you can. I question, I can pose a rhetorical ques- cident that this happened—the fact do not know if you can. But a camel’s tion to the body, and should Senator that language, consistent with 100 hair brush is made of squirrel fur. It LEE have thoughts on that rhetorical years’ worth of jurisprudence, language makes you wonder. The squirrels ap- question, he can choose to ask me a that was used in this law, created a parently have a very bad marketing de- question that might contain his penalty. There is a very clear distinc- partment if they give their fur that thoughts on that rhetorical question tion between a penalty under Federal gets credited to the camels. posed to the body. law and a tax under Federal law. A tax Mr. LEE. What color is a purple So given that sort of convoluted rea- under Federal law is something that is finch? soning, which may explain why we are an obligation, a generalized obligation Mr. CRUZ. Again, I will yield for the in the Senate with the odd and precar- to fund government; whereas, a penalty purpose of that question to note a pur- ious procedures that govern this body, is something that involves both a re- ple finch—listen, similar to most hus- I am going to ask this rhetorical ques- quirement under Federal law and a pro- bands, I have a color palate of about tion to the body, which is, Senator LEE vision exacting a payment as some- six colors. I remember once my wife explained that the Supreme Court of thing that occurs in response to non- asked me, with regard to a tile—we the United States upheld ObamaCare, compliance with that requirement. So were redoing our bathroom. It was a after concluding it exceeded the com- no, this was not an accident at all. white tile. She was long distance. She merce clause authority of Congress, by So I would ask Senator CRUZ whether said: What shade of white? I will note concluding that it was a tax. By calling this aspect of the Affordable Care Act— that was a question I was utterly in- it a tax, it was able to force it into a and also the fact that ObamaCare is capable of responding to. I was not different line of jurisprudence and up- called the Patient Protection and Af- aware there were shades of white, and hold it under the taxing clause, the fordable Care Act—doesn’t it strike the my vocabulary does not cover such taxing power of Congress. Senator that this, in so many ways, is things. I finally dropped it in a FedEx I would ask rhetorically of this body, a misnomer in much the same way that envelope and simply sent it to her. I was it an accident that the ObamaCare the Hundred Years’ War did not last 100 was like: It is a white tile. I know statute did not call the individual man- years, Chinese gooseberries come not nothing beyond that. date a tax? Maybe it was a scribe’s from China but from New Zealand, that But yet your question: What color is error. Maybe it was they meant to call the black box is orange, that Panama a purple finch? I would tend to think it it a tax, they thought it was a tax, and hats come from Ecuador, that camel would be purple, but I would think a clerk writing just wrote the wrong hair brushes are made of squirrel fur— wrong if that were the case because a word. So instead of ‘‘tax,’’ the word by the way, I do not ever want to try purple finch is crimson red. ‘‘penalty.’’ Surely that is not con- one of those; it does not sound pleas- Mr. LEE. There is a chain of islands sequential. It must purely have been an off the coast of Spain, a chain of is- ant—that the purple finch is actually accident. As a related component of red and that the Canary Islands are lands known as the Canary Islands. that, was it an accident that the Presi- named after a dog? So, too, the Patient Can the Senator tell me after what ani- dent of the United States went on na- Protection and Affordable Care Act is a mal were these islands named? tional television and told the people of name that does not accurately describe Mr. CRUZ. I will yield for the pur- America, while this was under consid- the finished product because this is a pose of that question as well. Indeed, I eration, this is not a tax. can tell you that. Now, you would He affirmatively said this is not a law that will make health care less af- think, if you call a chain of islands the tax. fordable rather than more, and it is a Canary Islands, it must be a bird, Mind you, the argument that the law that subjects patients to a lot of maybe a bird in a coal mine but some U.S. Department of Justice made, the harm rather than protecting them. sort of bird. Think again. The Canary Obama administration made to the Su- Does that mean we should think Islands are named after a dog. I would preme Court was this is a tax, although again about ObamaCare in the same note, the Canary Islands are a chain of the statute did not say it. The argu- way that we need to think again in the islands I have some real connection to ment the Supreme Court ultimately answers to some of these questions? because my grandfather, my father’s found persuasive was: This is a tax, al- Mr. CRUZ. I think the good Senator father, was born in the Canary Islands. though the statute said it was a pen- from Utah is exactly correct. Indeed, as Indeed, he moved to Cuba when he was alty and not a tax. he quite rightly explained, it was not 1, was raised in Cuba. My father was The question I would rhetorically an accident that Congress deliberately born in Cuba, was raised in Cuba. pose is: Was it an accident or is there did not call the individual mandate in The lesson from all of these is strik- perhaps another reason why elected ObamaCare a tax, nor was it an acci- ing. Labels do not always mean what politicians would not call something a dent that the President of the United they say. Some might wonder, what tax? States explicitly said it is not a tax, does this chain of insightful questions Mr. LEE. Will the Senator yield for because the effort was to represent to from my friend, the junior Senator question? the American people that it was some- from Utah—how does it relate to the Mr. CRUZ. I will be happy to yield thing quite different. issue of ObamaCare? for the purpose of a question. Indeed, again, asking a question rhe- If we look at Senator LEE’s tremen- Mr. LEE. Hearing the Senator from torically to the body—I know Senator dous discourse of the Constitution— Texas, I started humming the theme to LEE is aware; I know many other Sen- and I would note, by the way, there is ‘‘Jeopardy,’’ while stating lots of these ators are aware—of a lot of cases in the not another Senator in the Senate who things in the form of a question. It Supreme Court, the commandeering could give that constitutional lecture does occur to me it is absolutely cer- line of cases that provides that one of that my friend Senator LEE did, shar- tain there was a reason why this was the things this body cannot do, Con- ing with this body. I wish all 100 of us not called a tax when it was presented gress cannot do, is commandeer a State had been here to hear that because a to the Congress. The reason is tax legislature, commandeer a State law- lot of Senators—all Senators would be hikes are unpopular. Tax hikes are es- making apparatus or a State executive well served by learning or relearning pecially unpopular when they are di- agency to implement, to carry out Fed- those basic constitutional principles. rected at the American middle class. eral law and Federal policy. Mr. LEE. But the question is, Would Tax hikes are especially unpopular Indeed, the Supreme Court has ex- any of them be willing to listen to it or when they are directed at the Amer- plained the reasoning behind the com- interested in it or would most of them ican middle class, when they are pre- mandeering line of cases; that funda- consider it a form of torture? sented by a President who ran specifi- mental to our democratic system, fun- Mr. CRUZ. I yield for the purpose of cally on a campaign of not raising damental to our constitutional system that question as well—and they might taxes on the American middle class, is the notion of accountability, the no- well. which, of course, nearly all candidates tion that the voters should be able to One of the striking things—and al- for President will promise and in this determine who is it that put this policy though under the rules of the Senate I case did promise. in place.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6785 If Congress could commandeer and blame. When the people are upset that united both parties behind this concept force State legislatures to carry out they are going to be paying this tax, that this is not a tax. What then would Federal policies, it might be that vot- who do they blame? They go to their become of the Supreme Court’s ruling ers would get mad at the State legisla- Members of Congress. You ask any upholding the Patient Protection and tors, and they would be mad at the Member of Congress who is still here Affordable Care Act on that basis? wrong people because if the decisions who was here when this was enacted, Mr. CRUZ. It is an excellent question were coming from Congress and yet it any Member of Congress who voted for from Senator LEE. The answer is quite was the State legislators being com- the Patient Protection and Affordable simple. If Congress acted to make clear mandeered into acting, that would Care Act, and I can pretty well guar- that nothing in the Affordable Care frustrate the principles of account- antee you they are going to say: Oh, Act created a tax, that would remove ability that underlie our constitutional no, I did not vote for a middle-class tax the entire basis for the Supreme structure. hike. I did not vote to impose a new Court’s upholding ObamaCare. Indeed, So the Supreme Court has explained tax on middle-class Americans. No. No. it would be a relatively simple matter that to make the democratic system I voted for this, but I did not vote for in subsequent litigation for the Court work, the voters need to be able to un- that because this imposed a penalty to conclude under the matter it has al- derstand who has made a decision, and not a tax. ready concluded that the other bases what that decision is, and if they do I know that because even in the wake for upholding the act are not present. not like it, they need to be able to, as of the Supreme Court’s ruling in 2012, When have you elected officials who they say colloquially, throw the bums people who supported this legislation go to the people, and go to the people out. in the House and in the Senate and in as Senator LEE still quite rightly noted The Affordable Care Act in Congress, the White House continued to insist: and still say it is not a tax, you would declining to call it a tax. I might ask, No, this is not a tax, this is a penalty. think they would happily vote for it, did the Supreme Court’s rewriting the This notwithstanding the fact that the except there is a vested interest. I statute to call it a tax for Congress, to Supreme Court of the United States would note there is a difference be- call it a tax for the President—despite concluded it could not be upheld as a tween calling this a tax when Congress the fact that both had said it was not— penalty, that it can be upheld only as said and says it is not, and the exam- did that contravene the accountability an exercise of Congress’s authority to ples we went through of the Hundred principles that underlie the Supreme tax, an authority which Congress de- Years War and the purple finch, and Court’s commandeering doctrine that cidedly did not exercise. So the ac- that those are relatively innocuous underlie the constitutional principles countability is thrown off severely. misnomers, where there is something of, frankly, a republican form of gov- This is what prompted me to intro- designed to be actively deceptive. ernment, where we may know who our duce a piece of legislation, S. 560. S. Indeed, another one you could add to elected officials are and what their ac- 560, which stands in rather stark con- that litany we went through is you tions are, and that they may be held trast to the Patient Protection and Af- might think if an act were titled ‘‘An accountable for those actions so that a fordable Care Act with its 2,700 pages act to amend the Internal Revenue democratic republic can function? and 20,000 pages of implementing regu- Code of 1986, to modify the first-time Mr. LEE. Will the Senator from lations—S. 560, 1 page. homebuyer’s credit in the case of mem- Texas yield? Here is what it says, to paraphrase: bers of the Armed Forces,’’ you might Mr. CRUZ. I will yield for the pur- Section 1501 of the Patient Protection think that is the title of an act that pose of a question without yielding the and Affordable Care Act, the individual would concern something about the floor. Mr. LEE. It occurs to me, as I think mandates provision, is hereby amended first-time homebuyer’s credit, perhaps of this question that I am about to ask as follows: Nothing in this provision even members of the Armed Forces. the Senator, that, inevitably, one con- shall be interpreted as a tax or as a Depending on the content of it, it stitutional violation facilitates an- valid exercise of Congress’s power to might even be an act that Senator LEE other. It cannot be that you violate tax pursuant to article I, Section 8, and I together would support. one aspect of the Constitution, in this clause 1, or the 16th Amendment. Yet think again. That act is circumstance, especially, where you You see, the part of S. 560 is that it ObamaCare. This is the 2,000-plus pages are tinkering with the lawmaking gives those who voted for ObamaCare, of ObamaCare, a little bit worse for power in ways that impact both fed- those in Congress who still defend wear. Right on the cover of it on page eralism—the relative power of States ObamaCare, something other than a 1: December 24, 2009, ordered to be and localities, on the one hand, vis-a- tax on the middle class, an opportunity printed and passed. Resolved, that the vis the Federal Government on the to register that belief, to register that bill from the House of Representatives, other hand—and also when you manip- belief by a vote, a vote that would say titled H.R. 3590, entitled, an Act to ulate the power to legislate, the power yes, I do not believe this is a tax, and amend the Internal Revenue Code of to impose taxes. it should not be considered as a tax by 1986, to modify the first-time home- Anytime you distort the operation of the courts, and it should not be upheld buyer’s credit in the case of members the legislative power, anytime you by the courts as a tax. It should not be of the Armed Services and certain allow the judicial branch to com- construed under any circumstance as a other Federal employees, and for other mandeer the legislative machinery tax, because we do not regard it as purposes, do pass the following. from Congress, you are also distorting that. Then what was this amendment that the accountability you describe. In The interesting thing, of course, is was done? Strike out all after the en- other words, you have in the Patient that that is naturally the way people acting clause and insert. Everything Protection and Affordable Care Act a who are the law’s biggest defenders for the first-time homebuyer’s credit, massive intrusion by the Federal Gov- would like to vote in some respects, be- everything about the Armed Forces, ernment into the sovereign authority cause they want to tell the American that all got erased. The title stayed that is retained by the States and by public, and they are still telling the there but it all got erased. Suddenly, the people. American public: It is not a tax, it is a ObamaCare was born. The bigger the legislative package, penalty. But if, in fact, they actually That was a creature, that was a fact the bigger the intrusion, and the great- put their vote in that direction, if they that came out of the procedural games er the potential threat to federalism. put their money where their mouth is that had to be played to force The more removed that legislative and they pass that into law, guess what ObamaCare into law on a straight package is from the people’s elected happens to the Supreme Court’s ruling. party-line vote. But I would note that representatives in the House and in the What would happen to the Supreme this body has not forgotten how to play Senate, the greater the potential dis- Court’s ruling in that circumstance, if those games. Indeed, I would ask again tortion that is at play in the constitu- we were to pass S. 560 into law? Let’s rhetorically to the body, is the game tional system. assume that somehow magically it the Democratic majority of Congress What we have at the end of the day is passed the House and the Senate and played in passing ObamaCare, saying it a new tax. Nobody knows who to President Obama signed it. Perhaps it was not a tax, when in fact it was a

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6786 CONGRESSIONAL RECORD — SENATE September 24, 2013 tax, when it was not a tax, any dif- this. We are going to vote on it up or should be 100. The urgency facing this ferent than what right now some mem- down on its merits as is. We are going country from ObamaCare is such that bers of the Republican conference are to vote on it as it was passed by the we have nothing better to do. When doing when they say they will vote for House of Representatives. James Hoffa, the president of the cloture in order to give HARRY REID Behind door two is another option. Teamsters, says that ObamaCare is a and the Senate Democrats the ability We are going to allow amendments. We nightmare, frankly, Senators shouldn’t to fully fund ObamaCare, and that they are going to allow individual Members, be asleep while the Nation is under- will do so because they want to defund Democrats and Republicans, to submit going a nightmare. ObamaCare? Is that fundamentally any amendments as they deem fit. We will The vote that matters is the vote on different, presenting one story to tell debate and discuss those amendments. cloture on the bill. It will occur on ei- the voters and a different story in We will consider them. We will vote on ther Friday or Saturday of this week. terms of what will happen in this body? them. Some of them may pass, some of On that vote, 60 Senators, vote yes for When it comes to accountability, I them may not pass. But we will get to cloture. That is a vote to shut off de- wonder if we are seeing much the same amendments. Door one is okay. Door bate, a vote to say we will not debate games played out again, games that two is okay. They are both appro- anymore. What it does is it opens the undermine the integrity of this institu- priate. I would be okay with either one. door, it sets the stage. It allows the tion, games that undermine the con- I would vote yes on cloture on the bill majority leader HARRY REID to fully fidence the American people have that if we were going to go through either of fund ObamaCare with just 51 Demo- our elected representatives listen to us. those first two doors. cratic votes. That means for the Re- Mr. LEE. Will the Senator yield for a But door three is the one the major- publican side of the aisle that any Re- question? ity leader appears likely to open. And publican who votes along with HARRY Mr. CRUZ. I am happy to yield for behind door three is a very different al- REID—and you quite rightly know that the purpose of a question without ternative, one where the majority lead- Leader REID and presumably all of the yielding the floor. er says: I do not want to vote on it as Democrats will vote for cloture on a Mr. LEE. It certainly is important is. But I also do not want to allow an bill with which most, if not all of them that we call something by an appro- open amendment process. In fact, I am disagree. They get the joke. There is no priate name. It was important back going to allow one and only one amend- then that the Congress properly name mystery to this when the majority ment. That amendment will gut the what it was doing. It was appropriate leader has announced: I am going to back then for the Congress to say: We continuing resolution passed by the shut off all other amendments and I am are enforcing the individual mandate House of the single most important going to add one amendment to totally through a penalty and not through a provision relative to its ability to pass gut the bill and to transform it, to do tax. In fact, it was so important that the House, the provision defunding to this bill what they did to this bill. Can you imagine if we were debating but for Congress’s decision to make ObamaCare. cloture? This is actually a very good this a penalty and not a tax, it would Door 3 is unacceptable. Door 3 is un- never have passed in the first place. acceptable because it allows the major- analogy. Imagine if this bill were com- What you call something and what ity leader to gut the House-passed con- ing over, the bill that was turning into you make of it can mean all the dif- tinuing resolution funding government ObamaCare, and we had the same pro- ference between passage and failure of but defunding ObamaCare. cedural arrangement—cloture vote a particular legislative proposal. When I find door 3 unacceptable. Because I first at 60 votes and then all amend- you dress something up in different find door 3 unacceptable, I am not ments to be approved at 51 votes. Imag- language, something might appear to going to help the majority leader get ine if Republicans said: I support an be more palatable than it actually is. there. If he wants to get there with the act to amend the Internal Revenue Certainly, it could be argued that if help of himself, his own vote, and the Code to modify the first-time home there are people among us—if there are 53 Democrats who follow him in his buyer credit in the case of members of Republicans among us who are saying conference, that is fine. Let them do the Armed Forces. That is a good idea, that if you support the House-passed that. If he wants to try to convince so I am voting yes for cloture. continuing resolution, then you must some Republicans to join him in that That is the bill I supported. It is the vote for cloture on the bill, cloture on effort to make it easier for him to gut bill that came over, and it is the bill the House-passed resolution, that the House-passed continuing resolu- that I have right now. would not be accurate, in my opinion. tion, to strip out the language Imagine if that were the scenario, I would respectfully but strongly dis- defunding ObamaCare, then that is the and imagine that majority leader agree with someone who would make prerogative of anyone who may go HARRY REID had announced: Once we that claim. I certainly do not believe it along with him. I choose not to do that get cloture, I am going to offer an is accurate to say that if you support because I was elected to fight this law, amendment to strip every word of that the House-passed continuing resolu- not to facilitate its implementation. bill you say you support, strip it all tion, the one that keeps government I don’t want to facilitate its imple- out and to replace it with 2,000 pages of funding but defunds ObamaCare at the mentation. I therefore don’t want to ObamaCare. same time, I think it would be inac- facilitate the demise of what I regard I would suggest that any Republican curate to say you must vote yes on clo- as the single most important provision who stood up and said: I am voting for ture on the bill in this circumstance. of the House-passed continuing resolu- cloture to give HARRY REID the ability It is not to say that in every cir- tion. I will therefore vote against clo- to strip out the bill that I support— cumstance you would have to vote no. ture on the bill. which he said he is going to do—and to In fact, it seems counterintuitive when I ask Senator CRUZ, how does he view replace it with a bill that I say I oppose you first approach it, say why would the upcoming cloture vote? I am speak- and not just oppose slightly, that I say you vote no on cloture on a bill that ing here not on cloture on the motion I oppose passionately, I would suggest you liked. There is one circumstance to proceed but on the cloture on the that would be beyond irrational. In- where I can see where you would want bill, on the House-passed bill, the con- deed, it would be so irrational to do to do that. It is a circumstance in tinuing resolution. that, and I would suggest no Member of which the continuing resolution you Mr. CRUZ. I thank my friend from the Senate is capable of such irration- want to support moves over from the Utah for that question. ality. This means, if they are saying House of Representatives, and there On the motion to proceed, on the de- that, it is for a deliberate purpose. It is are three alternatives the Senate could cision of whether to take up the bill, I because they affirmatively desire that consider, but the Senate chooses only think there is widespread agreement outcome and yet they wish to be able the third, three doors the majority that we should take up this bill as to tell their constituents something leader could choose to open. He chooses there is no more important bill we different. It is fundamentally the same only the third. could be debating now than this. In- dynamic that leads to the cynicism The first door is one in which he deed, in my view, there should not only about Washington that ‘‘our elected says: Okay, we are going to vote on be 3 Senators in this Chamber, there leaders don’t listen to us.’’

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6787 I wish to note on a different front gether program after program. Things Mr. CRUZ. I thank my friend from that serving in an elected office is a are funded not on their own merits but Utah for his very kind comments re- tremendous privilege. It is a humbling on the merits of other programs. When garding my father, and I will say that experience. You get to meet people you tie every single piece of govern- he and I—I will paraphrase Sir Isaac from all over the State, sometimes ment spending together, then all of a Newton, who said: If I have seen a little from all over the country. You get to sudden it becomes a must-pass piece of bit further, it is by standing on the meet incredible people. You get to legislation. Everybody sinks or swims shoulders of giants. I will say one meet people who have done remarkable together, and it becomes a practice of thing. Senator LEE and I are both for- things. collusive spending in which Congress tunate. We are blessed to be the sons of One of the people I have been privi- funds things not because each program fathers whom we admire immensely leged to meet is my colleague and deserves to be funded but because no- and who, I think for both of us, played friend Senator MIKE LEE. We have body wants to have his ox gored, and a big part in trying to raise us to be learned tonight a number of extraor- that does become a problem. principled, to fight for liberty, and to dinary things about him, a number of I appreciate the Senator’s comments fight for the Constitution. things that border on the superhuman. about my late father. He has been dead When you think about the journeys No. 1, we have learned that Senator for the last 17 years. We miss him. We to freedom that constitute who we are MIKE LEE would be willing to purchase have missed him every day since then. as American people, all of us have a a ton of rocks and a Barry Manilow The Journal of the American Bar As- story. It doesn’t matter—in any group record simply to bring his wife milk sociation once referred to him as you go to, you could get 1,000 people in and eggs. That is extraordinary mat- ‘‘Huck Finn in a morning suit,’’ refer- an audience, and each person could rimonial fidelity. ring to the ceremonial dress worn by come up to the microphone and tell No. 2, we have learned that Senator the U.S. Solicitor General. They regard their family story of someone who MIKE LEE as a boy could be run over him as sort of the Huckleberry Finn risked everything to be here. with a Buick filled with seven people character. It was not typical that a boy My dad as a kid was born in Cuba. We and not have his foot injured. That, from the Rocky Mountains, as he used mentioned earlier that his father had too, is extraordinary and superhuman. to describe himself, ends up in that po- come from the Canary Islands when he No. 3, we have been privileged with a sition, but he loved that position and was 1. As a young man—my dad was 14 tour de force constitutional lecture loved it very much. when he began to get involved in the with no notes, with no materials in It is worth noting that I have met Cuban Revolution. At the time, Batista front of him that, frankly, was remi- the father of the junior Senator from was the dictator. Batista was cruel, niscent to me of a former boss of mine. Texas. He is an inspiring speaker. He is corrupt, closely aligned with the Mafia, Senator LEE is the son of a legend in a true patriot. Even though he was not law. His late father, Rex Lee, was the and he was oppressive. born or raised in this country, the Sen- The revolution occurred—dad was a Solicitor General of the United States. ator’s father has a great love of the 14-year-old boy, and I am looking at I did not have the opportunity to meet United States of America that is un- the pages who are sitting here now who his late father but have known him by paralleled, certainly unexceeded by al- are older than 14, and I would suggest, reputation for much of my life because most anyone I have ever met. He is one if you could imagine at the age of 14 he was revered as one of the finest Su- who certainly can understand the finding yourself in a war, finding your- preme Court advocates who ever lived. angst the American people feel about self fighting a war, hoping to liberate I think MIKE was all but weaned on the laws like ObamaCare. He is someone the country, being asked to fight Constitution as a young lad. who I think can understand that in against the army, and being asked to The discourse Senator LEE just pre- many respects the very best kinds of sented to this Nation reminded me of fight for freedom. The revolution was jobs program the Senate could enact, my boss, former Chief Justice William being fought on behalf of Fidel Castro, as my friend Jared Stone from and indeed my father was one of many Rehnquist, who, like Senator LEE, had a deep love for the Constitution and, Danville, CA, recently told me, would freedom fighters who fought on behalf be legislation defunding ObamaCare. of Castro. My father didn’t know Cas- like Senator LEE, had an encyclopedic knowledge of the Constitution and As my friend Jared Stone pointed out tro. He was a kid. He was not a high could weave the battles we have had to to me, ObamaCare presents a sort of ranking person in the revolution. I can rein in government power to protect double whammy for the American peo- tell you, my dad and the kids who were individual liberty into a tapestry of ple. At once, it imposes a massive new fighting, none of them knew at the narrative that explained what it is we tax on the middle class and at the same time Fidel Castro was a communist. As are fighting for. time kills job opportunities for the my father describes it today, he says: I will say that as we stand here now middle class. Most people who work in Look, we were all 14- and 15-year-old at 3:35 in the morning, I feel privileged. real jobs or want to have a good job un- boys. We were too dumb to know about I feel fortunate to be standing side by derstand this. That is why the over- that. We were just fighting for free- side with my friend. whelming majority of Americans want dom. We just wanted to get out from I will say this: If ever I am threat- the Senate to defund ObamaCare. under the boot of Batista. ened by a Buick with seven people in This is a principle that I think the For 4 years my father fought with it, I want to put MIKE LEE between me father of the junior Senator from Texas the revolution. When he turned 17, my and the Buick. understands very well. The father of dad went out and partied. He was en- Mr. LEE. Will the Senator yield for a the junior Senator from Texas came joying himself. He was a 17-year-old question? here as a young man, initially working young revolutionary. He was in a white Mr. CRUZ. I yield to the gentleman at a restaurant waiting tables, as I re- suit. You know, Senator LEE, Latinos without yielding the floor. call. This was a young man who had es- love white suits. He was in a white suit Mr. LEE. First, by way of clarifica- caped tyranny in various forms, origi- and he was partying it up in Havana tion, it was not a Buick but an Olds- nally the form of tyranny Cuba saw and he disappeared. mobile. under Castro’s predecessor, Fulgencio For several days my grandfather Those were not rocks I was pur- Batista. went looking for him. My grand- chasing in my hypothetical; it was in- The Senator’s father had quite an ex- father—my grandparents knew their stead a half ton of iron ore. I am not perience coming to this country. I was son was involved in the revolution. He sure it is critical to the merits of the wondering if the junior Senator from hadn’t hid that from his parents. And story, but I did think that deserved Texas would be willing to share a little they also knew if your son is involved some clarification. I am not certain bit more about his father’s story, the in the revolution and he disappears, it that I would, in fact, do that. I wish to story of Rafael Cruz, how he came to is a bad, bad thing. Well, after search- be very clear. I did engage in a trans- this country, and how the Senator’s fa- ing for him for several days—searching action like that. ther might look upon ObamaCare based the jails, searching around—they found It does remind me of how we are upon his rather unique experience com- my dad. He was in a jail. He had been often asked to vote here. We tie to- ing to this country. imprisoned, and he had been tortured.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6788 CONGRESSIONAL RECORD — SENATE September 24, 2013 I will confess to this day I don’t So my father applied to three U.S. the things the restaurant served was know a lot about what happened. Dif- universities. He applied to the Univer- fried shrimp. My dad had a policy that ferent people have different experi- sity of Miami, he applied to LSU, and anyone who ordered a dozen shrimp, he ences. My father doesn’t talk much he applied to the University of Texas. would cook 13 and eat one. During the about it. To the best of my knowledge, It was pure happenstance that the first course of the day a lot of people would other than our colleague Senator JOHN one to let him in was the University of order fried shrimp, and he would just MCCAIN, whom all of us respect im- Texas. Had it been otherwise, had it eat one steadily throughout the day. mensely for his tremendous service and been the University of Miami, I might My dad used to try to drink 6 or 7 sacrifice to this Nation, I am not aware today be a constituent of our friend glasses of milk during the day. He fig- of any of our colleagues in this body MARCO RUBIO. But it so happened it ured there was no percentage in water, who have experienced anything like was the University of Texas, and that and he needed the nutrients. Because imprisonment and torture—and what led to my father getting on a plane in when he left, he was going another 16 my father experienced was a tiny frac- 1957 when he was 18. hours without eating until he came tion of what JOHN MCCAIN went I want again to talk to the pages who back to work the next day. He didn’t through in the years he was in that are here. Some of you may be 18 or have money for food. Vietnam prison. But my dad, when I near it. I want you to imagine at the There was one little exception. There was growing up, never would really tell age of 18 getting on a plane and flying was a coffee shop he found in town. He me what happened there. away from your family, thousands of went in one day, and he splurged. It But I remember one night when I was miles away to another country—to a was one of the few times he actually a kid—I think I was in high school, country where you don’t know any- spent money, and he spent money for a maybe junior high or high school, I body, you don’t have any family, and cup of coffee. Another gentleman in the don’t remember—my dad and I had you don’t speak the language. Imagine coffee shop came in and ordered some gone to see the movie Rambo. My dad walking off the plane. toast. My dad saw the waitress take and I both liked movies. He had taken My father had the suit on his back. out of a bag a fresh loaf of bread, take me to see Rambo, and it was a fun He couldn’t take anything with him. both of the heels and throw them away, movie to see as a kid. It happened that He couldn’t take a suitcase or any- and then take two other slices of bread, night—my parents owned a small busi- thing. He was wearing a suit. The one put them in the toaster and toast ness, and my dad had one of his clients possession he had was a slide rule that them. My father said: What are you over for dinner—that during the course doing? You are throwing away per- of dinner, my father was talking to his was in his pocket. I see looks of some- client, and he was feeling a little gre- what confusion on the faces of the fectly good food. And she said: well, we garious, and he started talking. He pages. I note anytime I talk to young can’t serve the heels. When you are desperate and you are said: You know, my son Ted and I went people they have utterly no idea what hungry, you have incentive to do all to see Rambo this evening. And you a slide rule is. That was the one posses- sorts of things, and so my father said: might remember there is a pretty sion he had that he had taken from Listen, do me a favor. Save them for nasty scene where Rambo is strapped Cuba. And my grandmother, before he to a bed frame and being subjected to left, sewed $100 into the inside of his me. Just save them for me. You can’t electric shock. Not a very pleasant underwear. She wanted him to have at serve them, I will eat them. He used to scene in the movie. My dad was saying: least a little money when he landed. go into that coffee shop, and that wait- You know, the Cubans weren’t nearly So in 1957 he shows up in Austin, and ress very kindly would save the heels so fancy when it came to torture. We his first priority was to get a place to when she opened a new loaf. When he watched the movie Rambo. They didn’t live. So he went and found a place to would come in she would have five, six, have any fancy bed frames and electric live. And then he had to get a job. And or seven heels. She would toast them shock or anything. The Cubans were the job he got was washing dishes. Why and give him butter, and he would much more simple in their torture. Ba- washing dishes? Because you didn’t order one cup of coffee and have five or sically, they would just come in every have to speak English. He couldn’t six heels of toast and drink his coffee. hour and beat the living daylights out speak English. He made 50 cents an Another similar story. There were a of you. They would just beat you, and hour. He didn’t have to talk to anyone. lot of immigrants at the University of beat you, and beat you. Then they He could take a dish, stick it under hot Texas who didn’t have two nickels be- would leave, come back in an hour and water, scrub it, and move on to the tween them, and he went over to some do it again. next one. That he could do. friends who I think were brothers and I can tell you my grandmother said My dad worked 7 days a week wash- they invited him over for dinner. He when my dad came out of that jail cell ing dishes and then as a cook to pay his was sitting down for dinner with a big in Cuba the white suit he was wearing, way through the University of Texas. pot of black beans. Cubans love black you couldn’t see a spot of white on it, And times were tight. I can’t imagine. beans. When he was reaching in to get that every inch of that suit was cov- I didn’t have to go through that. I black beans, they said: Watch out for ered with mud and blood from where he don’t believe Senator LEE had to go the nail. Watch out for the nail? What had been beaten. And my father’s through the experience of going to on Earth are you talking about? These teeth, she said, were dangling from his school full time and working full time. two brothers explained: Look, we don’t mouth in shards. Today, my father is a My dad worked 7 days a week while he have money for food. So what little pastor in Dallas, and his front teeth was going to school full time as a stu- money we have, we have enough to are not his own because when he was a dent. It wasn’t that he wanted to. He have beans each night, and we have kid they were kicked out of his mouth didn’t have any other alternatives. enough to purchase a little tiny paper- in a Cuban jail. There wasn’t anyone else providing for thin steak. The brothers said: Initially, He got out of that jail and at that him. we started to cut the steak in half so point my grandfather told him, he said: I remember a couple of stories my fa- we would each eat it. To be honest, we Look, Rafael, they know who you are ther told me of his time in college. both left hungry and we weren’t happy now. In fact, the Batista police were With the indulgence of the Chair, I will with that. So we decided instead of following my dad hoping he would lead share those stories because they are doing that, we would take a nail, drop them to others in the revolution. The stories, I think, of the American expe- it in the beans, and we would fish for only reason he got out is they thought: rience; they are shared experience. the nail. Whoever got the nail with Well, maybe if we let him go he will be The great thing about working in a their beans got the whole steak and the dumb enough to go to some other peo- restaurant is they let you eat while other brother didn’t get any steak at ple in the revolution and we can track you work. So during the 8 hours, he all. them down too. So my grandfather would eat those 8 hours. The other 16 They said: Rafael, since you are our said: Listen, they know who you are. hours he wouldn’t eat. It was even bet- guest—and he was kind of waiting for At this point they are just going to ter when he got promoted to being a them to say we are going to give you hunt you down and kill you. You can’t cook, because as a cook you really got the steak, but they were not quite that stay here. a chance to eat. For example, one of generous. But they said: Since you are

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6789 our guest, we will give you half of the blessing to be the child of someone who army of lobbyists, doesn’t have special steak and we are going to fish for the has fled oppression, to be the child of interests, the little guy is the one left nail for the other half. someone who came here seeking free- out. One other story. In his freshman or dom. It makes you realize that what So who are the people losing their sophomore year, I’m not sure which, we have in the United States of Amer- jobs? Who are the people forcibly hav- my dad and a couple of other Cubans ica is precious, it is wonderful, it is ing reduced hours? Who are the people who were students there decided they unique, and we cannot possibly risk facing skyrocketing health insurance wanted to have a Christmas dinner. giving it up. premiums? Who are the people having The Cuban tradition of Christmas is to At the same time, I am amazed at their insurance dropped? It is people roast a whole pig. how commonplace my father’s story is. such as the disabled retirees whose let- Indeed, if I may digress, when I was Every American has a story just like ters I was reading earlier today. It is dating my wife Heidi—Heidi is the love that. Sometimes it is us, sometimes it people like my father. of my life, she is my best friend. She is our parents, sometimes it is our If ObamaCare was the law in 1957, was raised in California. She and her great-great-grandparents. But I have when my father was washing dishes, I whole family are vegetarians. I remem- yet to encounter someone who doesn’t think it is a virtual certainty that he ber Heidi brought me back to meet her have a story like that in their back- would have found his hours forcibly re- parents for Christmas, and we were sit- ground, often closer than one might duced to 29 hours a week—if he had ting there having Christmas dinner. I think. I think the most shared char- been lucky enough to get a job in the would note that a vegetarian Christ- acteristic among all of us as Americans first place. He might not have been mas dinner is just like any other is we are the children of those who hired at all. That is happening to peo- Christmas dinner except the entree risked everything for freedom. ple all over the country. The people never comes. Everything else is won- Sometimes people ask, what differen- who are losing under ObamaCare are derful, but you keep waiting for them tiates Americans from, say, Europeans, people like my dad, teenaged kids who to bring out the entree and it is not Americans from other countries? I don’t speak English, who are recent there. think more than anything it is in our immigrants, who are Hispanic, who are My now in-laws, who are wonderful DNA to value liberty and opportunity African Americans, single moms. tremendous people, who were mission- above all else. I have a good friend who is now a jus- aries and just wonderful people, they When ObamaCare was being passed tice on the Texas Supreme Court whose were trying to get to know this strange 31⁄2 years ago, I think the proponents mom was a single mom and waited ta- young man their daughter had brought believed—in fact, they stated—that bles. He computed the distance she home. And they said: Ted, tell us, how once it is in place Americans would walked as a waitress to bring him up. I does your family celebrate Christmas? come to love it and would give up their don’t remember the exact measure- I said: Well, we are Cuban, and the liberty, would give up their freedom in ments, but it was some remarkable Cuban tradition is that on Christmas exchange for bread and circuses. Yet number of times walking from the Eve we roast a whole pig. 31⁄2 years later we see ObamaCare is Earth to the Moon and back that she I must tell you the look of abject less popular now than it was then. That walked so her kids could have a better horror. If you can imagine a table full is true all over the country. That is life. That single mom who was waiting of California vegetarians, when I said true in every region. That is true tables, her son is now a justice in the we roast a whole pig. I don’t think if I among Republicans, among Democrats, Texas Supreme Court. That is the had said we consumed live kittens it among Independents, and among Lib- story of America. But if ObamaCare would have more horrified them than ertarians. had been in place, that single mom that so viscerally carnivorous tale. There are several reasons for that. waiting tables is working 29 hours a But my dad and a couple of his Cuban One is simple facts. Forget party ide- week. Try feeding a family on 29 hours buddies decided they wanted to have a ology affiliations. The simple fact is a week. You can’t do it. It cannot be Christmas dinner, and to actually cele- this isn’t working. If you look at it on done. brate. So they drove to a farm just out- its face, it is a train wreck, as the So what happens instead? People get side of Austin. They found some farm- Democratic Senator who was the lead their hours forcibly reduced. They ei- ers in central Texas and said: Listen, is author of ObamaCare has described. On ther can’t earn enough to feed their there any chance we could somehow its face it is a nightmare, as James family so they leave the workforce al- buy a little piglet from you? Can we do Hoffa, the president of the Teamsters, together and they go on welfare. Not something so we could get it and roast has described it. that they want to. They want to be it? We would like to have it at Christ- ObamaCare in practice is killing jobs working. But if Congress has passed a mas Eve dinner. These farmers decided all over this country. It is causing law so that the only job they can get is they wanted to have fun with my dad small businesses to stay small, not to 29 hours a week, that is not enough to and these kids, so they said: Tell you grow, not to create jobs. It is causing feed their family. Right now one in what. We will take this little piglet Americans all over this country to seven Americans is on food stamps. and let him loose in a corral filled with forcibly reduce to 29 hours a week. Do What a travesty. It is not a travesty mud. If you can catch it, you can have you know who is being reduced the from the perspective of the budget; it is him for free. My dad and his friends most? It ain’t the rich. It ain’t, as the not a travesty from the perspective of chased that piglet for close to an hour, President likes to put it, the million- the taxpayers. It is a travesty from the running around in the mud. They fi- aires and billionaires. The millionaires perspective of those people on food nally caught the piglet, the farmers and billionaires are doing great. They stamps who would rather be working, gave it to them, they took it home, and are richer today than when President who would rather have the dignity of they roasted it for Christmas Eve. Obama was elected. work to provide for their family and to The epilogue to the story about my I think the biggest lie in politics is climb the economic ladder. in-laws is that when Heidi and I be- the lie that Republicans are the party My dad started washing dishes, but came engaged, her mother called her of the rich. I think it is a complete and he didn’t stay there. After washing and said: Sweetheart, are you prepared total falsehood. The rich do great with dishes he got a job as a cook. After a to catch the pig? Thankfully Heidi re- big government. Business does great cook he got a job as a teaching assist- assured her she was quite confident in with big government. Why? Because ant. After a teaching assistant he got our marriage that there would be no big business gets into bed with big gov- hired at IBM as a computer pro- pig catching that she would indeed be ernment. grammer. Then he started his own carrying out, and that has indeed prov- What have we seen with ObamaCare? business. If he doesn’t get hired wash- en true. The rich and powerful get special ex- ing dishes, he doesn’t get the next job All of us have stories about our fami- emptions. Big businesses? The Presi- as a cook, he doesn’t get the next job lies. My father has been my inspiration dent exempts them. Members of Con- as a teaching assistant, he doesn’t get ever since I was a kid because I think gress? The President exempts us. It is the next job at IBM, he doesn’t get the it is a great blessing, a tremendous the little guy who doesn’t have an next job starting his own business.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6790 CONGRESSIONAL RECORD — SENATE September 24, 2013 If you look at those single moms who The Federal Government is telling —that your work is the process of achieving are waiting tables and suddenly get every American: You must purchase your values, and to lose your ambition for their hours reduced to 29 hours a week, health insurance. The individual man- values is to lose your ambition to live—that if she ends up giving up, going on food date, we are going to make you pur- your body is a machine, but your mind is its driver, and you must drive as far as your stamps, going on welfare, saying I chase health insurance. If not, the IRS mind will take you, with achievement as the can’t earn enough in the market to is going to come and find you. goal of your road—that the man who has no provide for my family, not only does The Federal Government is telling purpose is a machine that coasts downhill at that have devastating effects on her Catholic charities and Catholic hos- the mercy of any boulder to crash in the first and on her kids, but it also means she pitals, Christian companies like Hobby chance ditch, that the man who stifles his won’t have a chance to move up the Lobby: You must pay for health insur- mind is a stalled machine slowly going to ladder. She won’t have a chance to get ance procedures that violate your reli- rust, that the man who lets a leader pre- that next job. Maybe if she was waiting gious dictates. They may not violate scribe his course is a wreck being towed to everyone’s religious dictates. There the scrap heap, and the man who makes an- tables, she would get promoted to other man his goal is a hitchhiker no driver being assistant manager and then man- may be a lot of people in this country who have no religious qualms about should ever pick up—that your work is the ager. Maybe she would have another purpose of your life, and you must speed past opportunity moving up the ladder. But that whatsoever, and that is fine. Each any killer who assumes the right to stop if she doesn’t get on that first rung, we of us is entitled—indeed, encouraged— you, that any value you might find outside know to an absolute certainty you to seek out God Almighty with all of your work, any other loyalty or love, can be won’t go to the second or third rung. our heart, mind, and soul as best we only travelers you choose to share your jour- What a travesty. can, and we will follow different paths. ney and must be travelers going on their own This is a country of unlimited oppor- But I guarantee you, if the Federal power in the same direction.’’ tunity, and ObamaCare is cutting off Government can tell Catholic charities A few other excerpts. that opportunity. It is shutting down and Catholic hospitals: You must vio- What is morality, she asked. Judgment to that opportunity. Those are who are late your religious beliefs or we are distinguish right and wrong, vision to see the truth, and courage to act upon it; dedica- hurt the most under ObamaCare. going to fine you out of business; if the Federal Government can tell that to tion to that which is good, integrity to stand There are many reasons why by the good at any price. ObamaCare is problematic. It is prob- Hobby Lobby, a Christian company, they can tell that to you too. Whatever Boy, that is counsel the Senate lematic because it is the biggest job should listen to. That is counsel I killer in America. It is a train wreck your religious beliefs happen to be, if the Federal Government can say: Vio- would encourage for every Democratic because it is forcing more and more Senator who feels the urge of party people to be driven into part-time work late your religious faith or we are com- ing after you, that is a dangerous Rubi- loyalty, to stand by their party, to 29 hours a week. stand by ObamaCare because it is the The second thing the single mom can con we have crossed. natural thing to do. Yet we saw union do—suppose she doesn’t give up. Sup- We are a nation that was founded on leaders, we saw the roofers union, we pose she says, Darn it, I want to work liberty. Always defend liberty. You can’t go wrong with that as a mantra. saw James Hoffa of the Teamsters say to provide for my kids. I am not going they cannot remain silent any longer. to give up. I am not going to go on wel- In the interest of that, I would like to share a few excerpts of one of my fa- Why? Because of the suffering fare and stop working in the work- vorite books, ‘‘Atlas Shrugged’’ by Ayn ObamaCare is visiting on so many place. The other option is to go find an- Rand. Let me encourage any of you working men and women. It is a night- other job. So then she has two jobs at who have not read ‘‘Atlas Shrugged’’ to mare, according to James Hoffa of the 29 hours a week. Her kids now see less go tomorrow and buy ‘‘Atlas Teamsters. I encourage my friends on of their mom. And, by the way, neither Shrugged’’ and read it. What is inter- the Democratic side of the aisle, as dif- one gives her health care. So the Af- esting is in the last 3 years sales of ficult as it is to cross one’s party lead- fordable Care Act and all the great ben- ‘‘Atlas Shrugged’’ have exploded, be- ers—I say with perhaps a little famili- efits of that haven’t helped her at all. cause we are living in the days of Ayn arity with the consequences of so doing Instead of being at one job where she Rand. that it is survivable and that ulti- could work and focus on that one job I will share a few excerpts that are mately it is liberating; that the Demo- and potentially climb the ladder to dif- all fundamentally about liberty and cratic Senators of this body maintain ferent opportunities, she is working the liberty that ObamaCare infringes. their fidelity, their loyalty not to the two part-time jobs. Part-time jobs are Productiveness is your acceptance of mo- party apparatus, not to the party much harder to advance in your career rality, your recognition of the fact that you bosses, but to the men and women who with. She is also dealing with com- choose to live—that productive work is the sent them here, to the men and women muting. She has got to get from one process by which man’s consciousness con- like the union members of the Team- job to the other. For a single mom trols his existence, a constant process of ac- sters who are pleading with Members of quiring knowledge and shaping matter to fit whose time is at a premium, who would Congress: Hear our suffering. like to be at her kids’ soccer game if one’s purpose of translating an idea into physical form, of remaking the earth and the ObamaCare is a nightmare. ever she could work the schedule to do image of one’s values—that all work is cre- With that prism in mind, let me that, if she has to drive from one place ative work if done by a thinking mind, and reread Ayn Rand’s excerpt: to the other back and forth, there are no work is creative if done by a blank who What is morality, she asked. Judgment to a lot of soccer games that single mom repeats in uncritical stupor a routine he has distinguish right and wrong, vision to see is never getting to, not to mention the learned from others—that your work is yours the truth, and courage to act upon it; dedica- headaches of having two different jobs to choose, and the choice is as wide as your tion to that which is good, integrity to stand and two different bosses. If you have mind, that nothing more is possible to you by the good at any price. boss No. 1 who says, I want you to and nothing less is human—that to cheat You know, at any price? Look, at the your way into a job bigger than your mind work Tuesday morning, and boss No. 2 can handle is to become a fear-corroded end of the day, a Member of the Senate says, I want you to work Tuesday ape— bucks his or her party leadership, and morning at my place, how do you bal- There is a phrase you don’t hear to be honest, the prices are all pretty ance those? Both of them say, I don’t often in modern parlance. piddly. What a coddled world we live in care about your other job. I need you —on borrowed motions and borrowed time, that we think that if someone says a here. What a nightmare. and to settle down into a job that requires cross word to you at a cocktail party ObamaCare is a train wreck. It is a less than your mind’s full capacity is to cut or, God forbid, even worse, leaks a nightmare because it is killing jobs, your motor and sentence yourself to another scurrilous lie to some reporter, that because it is driving up health insur- kind of motion: decay— truly is a grievous insult. Goodness ance, because it is causing more and My, is that happening across this gracious, compared to what the people more people to lose their health insur- country as a result of ObamaCare, peo- have gone through, compared to the ance. But it is also fundamentally ple being forced to settle down into suffering my dad went through being wrong for a broader reason: because it jobs that require less than our mind’s tortured in a Cuban prison, that is all infringes on our liberty. full capacity mild. To be honest, compared to the

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ObamaCare with no changes, no im- any political party can impose on us You know, I try to make a policy of provements to address the train wreck for daring to buck the leadership is so giving the same remarks standing for that is ObamaCare on a purely party- mild and inconsequential, it is not even the same principles regardless of line partisan vote of only Democrats? I worth mentioning. whether I am talking with a group I will wager all the money in my bank Let me encourage every Democratic think will necessarily agree with me or account that every one of the—by the Senator to try to meet that definition will not. way, you could pick the bluest State of morality: The bulk of the remarks I gave to for which a Republican Senator rep- Judgment to distinguish right and wrong, that group before taking Q and A from resents that State—I will wager that in vision to see the truth, and courage to act the group for some time were focused that State, if you grab 100 of your con- upon it; dedication to that which is good, in- on defunding ObamaCare, and it was stituents, it would not be a 50–50 propo- tegrity to stand by the good at any price. really striking that in that group, sition. I don’t even think it would be a Let me encourage my Republican which was largely if not predominantly 60–40 proposition. Your constituents colleagues, there may be some Repub- Hispanic Democrats in the valley in overwhelmingly would say: No, don’t licans who are inclined to vote for clo- Texas, when it came to defunding vote to give HARRY REID the ability to ture on this bill, to give majority lead- ObamaCare, to stopping the train fund ObamaCare without fixing this er HARRY REID and the Democrats the wreck that is ObamaCare, the result train wreck, without stopping this ability to fund ObamaCare on a was rousing sustained applause and nightmare. straight party-line vote, as some of my cheers. Why? Because if you get out of All that it takes for us to do the colleagues have publicly said they are the partisan prison that is Washington, right thing is to listen to the people. It so inclined. It is my sincere hope that it is not complicated. is not complicated. It is not rocket between now and the vote on Friday or There is a reason why labor unions science. Listen to the people. Saturday, their better angels prevail. want out. There is a reason the Team- Ayn Rand in ‘‘Atlas Shrugged’’ also Listen, any Democrat who crosses sters, who describe that they have been held: the aisle to vote with us will face swift knocking on doors as loyal foot sol- The nation which once held the creed that retribution, but at the end of the day diers for the Democratic Party, are greatness is achieved by production is now we have a higher obligation. We have told that it is achieved by squalor. saying: This is a nightmare. Repeal an obligation to the constituents who ObamaCare. Repeal it because it is a She also observed: sent us here. Fight for the value of your person. Fight Any Republican—I know there are nightmare. There is a reason why Members of for the virtue of your pride. Fight for the es- some Republicans who are saying: I am sence of that which is man: for his sovereign Congress, why Majority Leader REID going to support cloture. I am going to rational mind. Fight with the radiant cer- and Democratic Senators who support support giving HARRY REID the ability tainty and the absolute rectitude of knowing to fund ObamaCare. Why? Because my ObamaCare so much for the American that yours is the Morality of Life and that leadership is telling me to, and I am a people said: Good golly, get us out from yours is the battle for any achievement, any under it. We certainly do not want to value, any grandeur, any goodness, any joy good soldier. I will salute and march that has ever existed on this earth. into battle in whatever direction lead- be subject to the same rules the Amer- ican people are. God has created men and women to be free ership instructs. creatures. It is not benefiting anyone to I will confess that Republicans are There is a reason why the IRS em- strip them of their liberty, to make them de- sometimes even more susceptible to ployees’ union is saying: Even though pendent on government. such commands to being orderly. Let we are enforcing ObamaCare, please I cannot tell you how many times I me commend to every Republican, ask get us out from under it. have said: Thank the good Lord that yourself that same test that Ayn Rand Under the objective facts, this is not when my dad was a teenage immigrant laid out. working. in Texas 55 years ago, how grateful I I urge every Republican who is here, am that some well-meaning liberal did What is morality, she asked. Judgment to before you make a decision how to vote distinguish right and wrong, vision to see not come and put his arm around him the truth, and courage to act upon it; dedica- on cloture on this bill on Friday or and say: Let me take care of you. Let tion to that which is good, integrity to stand Saturday—and I think certainly in the me give you a government check. Let by the good at any price. time I have been in the Senate this is me make you dependent on the govern- I can tell you this: If any one of the the most consequential vote I will cast ment. Don’t bother washing those 46 Republicans in this body asks not and I believe any Member of this body dishes. Don’t bother working. I am what does our party leadership want us will cast during the time I have been going to take care of your every need. to do but asks the more important here—I ask every Republican to ask And by the way, don’t bother learning question of, what do our constituents not simply what this party leadership English. I respect your culture so much want us to do, I tell you this: If I get wants you to do but what is the right that I am going to lock you out of the any gathering of Texans, Texans are thing to do for your constituents. If business and professional classes in not conflicted. If I ask a gathering of you gather 100 of your constituents to- this country. I am going to make sure Texans—and by the way, it doesn’t gether in a room and you ask them: that if you do work, you are almost matter what part of Texas—east Texas, How should I vote on this motion—let surely going to be consigned to menial west Texas, the panhandle, down in the me frame it a little more explicitly be- labor because you cannot communicate valley. cause, you know, politicians are some- with the significant majority of Ameri- I was in a gathering down in the val- times crafty characters. Some politi- cans. ley a few weeks ago. The Rio Grande cians say: I could get 100 of my citi- What a destructive thing to do to Valley in Texas is the poorest part of zens, and I could frame in some ab- someone. If someone had done that to the State. stract procedural way how I would vote my father and he had listened, I am My friend Senator LEE knows the on the cloture to take up the bill to do hard-pressed to think of anything that valley well because he was a mis- the whatchamacallit and it would real- would have been more destructive. sionary down in the valley. In fact, he ly be supporting the House bill. What At the end of the day these points are has darned good Spanish as a result of do you think? We can talk fast enough not partisan or ideological; they are living in the valley in Texas. In fact, I that we can confuse some people in the common sense. They are who we are as think that gives Texas a reason to room for a few minutes. Americans. Ask any abuelo or abuela: claim him unofficially as a third Sen- But let me suggest to any Republican What do you want for your grandkids? ator. He may not acquiesce to that, but Senator, gather at random 100 of your Do you want your grandkids dependent we will claim him anyway. constituents—I am going to suggest on government? Do you want your I was at a gathering in the valley a even broader: not 100 Republicans, 100 grandkids receiving government sup- few weeks ago, 200, 300 people. I would constituents—and pose the following port or do you want them working? Do

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I don’t know of a political blame; let’s let it all col- there and finish the speech, you win. grandmother in this country who lapse—I have heard Republicans say, Even Sean Connery is looking at him would find that a difficult choice. That especially the pundits, Gosh, to get on and going, wow, that guy is tough. is a choice that is basic common sense. TV—I will tell you that one of the best I will read the words Teddy Roosevelt It is fundamentally destructive to the ways to get on TV is to just advise and delivered at the Sorbonne in Paris on human spirit not to be able to work then run away from any battle that April 23, 1910. These are words for ev- and stand on your own feet. matters. They put you on TV a lot if eryone who thinks this fight is too After standing here for 14 hours, I that is your advice. hard or that we shouldn’t take a risk can say that when you are standing on What they say is, if Republicans or we shouldn’t risk political blame. your own feet, sometimes there is pain stand and fight this fight, the Presi- These are words that every one of us and sometimes some fatigue that is in- dent and HARRY REID might force a should listen to: volved. But you know what. There is shutdown and Republicans might get It is not the critic who counts; not the man far more pain involved in rolling over, blamed and, gosh, that could hurt us who points out how the strong man stum- far more pain in hiding in the shadows, politically. Beyond that you might bles, or where the doer of deeds could have far more pain in not standing for prin- hear—and this is the very clever Re- done them better. The credit belongs to the ciple, not standing for the good, not publicans—ObamaCare is such a train man— standing for integrity. That is what it wreck and a nightmare that we just Or the woman— means to be an American. We do the need to sit quietly. James Hoffa said he who is actually in the arena, whose face is hard things. couldn’t sit silent anymore, but Repub- marred by dust and sweat and blood; who To all the Republicans who say fight- licans say to sit silently and let strives valiantly; who errs, who comes short ing this fight is going to be very hard, ObamaCare collapse on its own weight. again and again, because there is no effort I sure hope they didn’t run for the Sen- without error and shortcoming; but who does Never mind that HARRY REID said actually strive to do the deeds; who knows ate because they wanted something when it collapses on its own weight, it easy to do. I sure hope they didn’t run great enthusiasms, the great devotions; who will lead us to single-payer socialized for the Senate because they wanted to spends himself in a worthy cause; who at the health care. Why? Because it will de- avoid hard challenges. To the Demo- best knows in the end the triumph of high stroy the private health insurance. achievement, and who at the worst, if he crats who say, I couldn’t buck the Never mind that. We have been told fails, at least fails while daring greatly, so party leadership, gosh, it would make that his place shall never be with those cold the White House mad, make the party that if we do nothing, it will collapse on its own weight and everyone will and timid souls who neither know victory leadership mad, and make our leader- nor defeat. ship in the Senate mad, we have to be blame the Democrats. Let me make it very clear: Who Yes, you can avoid risk. You can united, Team, team, team. We are not cares? Listen, if everyone will blame avoid doing the hard thing. You can a team. We represent the people. You the Democrats, then consider me the avoid doing the things where you know the team that each of us is on? It person trying to actively save the might get politically blamed. You can is the American team. It is a team Democrats from that blame. I would stay silent and hope that the other where we have an obligation to the party gets blamed because there will be men and women who sent us here. Let gladly celebrate any Democrat brave enough to stand and say: Listen, I used political benefits for that. But I am me be clear: We have an obligation to going to suggest to you that is not all the men and women who sent us to think ObamaCare was a good idea. I supported it, and I am persuaded by the doing our job. That is not what we were here. I have an obligation not just to elected to do. Republicans in the State of Texas and facts and by my constituents. This thing isn’t working. People are hurt- We were elected to stand and fight to not just to those who voted for me in do the hard things for the men and the State of Texas, although there ing. women of this country because it is an were quite a few voters in the State of When President Obama reversed extraordinary and breathtaking privi- Texas who voted for President Obama course and listened to bipartisan calls lege to serve in this body. I cannot tell and voted for me. to submit his decision to launch a uni- If you listen to Washington conven- lateral military attack on Syria to the you how it brings me virtually to tears tional wisdom, they would suggest that will of Congress, I happily and loudly to think about the opportunity I have is impossible. I was pleased to get a praised President Obama for submit- to stand here at a time when our Na- number of Texans who did that. Even ting to the constitutional authority of tion is threatened as I have never seen those who voted against me and dis- this party. When he went even further before. You know what. The tears that agree with everything I am doing, I and listened to the calls from the I talked about, and am now experi- still have an obligation to represent American people not to put us in the encing a little bit, are a very small re- them and to try to use my best judg- middle of that sectarian war, I again flection of the very real tears I have ment and try to listen to them and happily and enthusiastically praised seen from men and women all across fight for them. President Obama for being willing to Texas. I am convinced that every one of the change his mind and turn back because Men and women have looked me in 26 million Texans in my State will be he listened to the voice of the Amer- the eyes and said: I am scared for my better. They will have a better future, ican people. That was the right thing country, my kids, and my grandkids. a better life, and an environment where to do. We are losing America. We are losing economic growth comes back and small For everyone who thinks this is hard, the wonderful free enterprise system. businesses are thriving and creating I would like to turn to some of my fa- We are losing the prosperity. We are jobs and not shrinking. They will have vorite remarks from a Republican losing growth. opportunities so they are not forced President who I suspect many on the Will my kids and grandkids have a into part-time work but will have full- Democratic side of the aisle admire as better life than I did? I don’t think so. time opportunities so more people who well because he was one of the most I cannot tell you how many Texans are like my dad—teenaged kids who progressive Republicans, although he have said that. You know what. When can’t speak English—can get that first was not shy in any way, shape or form. you say that, that is not something job washing dishes. That first job helps Indeed, Teddy Roosevelt was once you say like reporting the weather: It them to get the second job, the third giving a speech, and he was shot during is sunny today and 78 degrees. That is job, and the fourth job. the speech. He finished the speech be- heartbreaking. As Americans, it is fun- I believe in the American dream with fore seeking medical attention. There damental in who we are. We believe in all of my heart and might. The Amer- was an old episode on ‘‘Saturday Night a better tomorrow. We believe morning

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George they cannot be understood; if they be re- percent a year. If we continue down pealed or revised before they are promul- Washington recorded the events of this road, we will allow young people gated, or undergo such incessant changes March 4, 1797—his last day as President to be what economists are starting to that no man, who knows what the law is to- of the United States. Washington dub ‘‘the lost generation.’’ I am sorry day, can guess what it will be to-morrow. wrote: to tell young people that is what Law is defined to be a rule of action; but how It was with a heavy heart that I left my economists are calling them right now. can that be a rule, which is little known, and room today thinking not so much of myself This generation is coming of age at a less fixed? Another effect of public insta- as of our country . . . time when there is no economic growth bility is the unreasonable advantage it gives to the sagacious, the enterprising, and the Walking out onto Chestnut Street in and no real prospect for that to change. moneyed few over the industrious and unin- Philadelphia, Washington continued: What it means as a practical matter formed mass of the people. Every new regula- I was plain George Washington now, nei- is that young people are not getting tion concerning commerce or revenue, or in ther general nor President. Suddenly I real- that first job or they are getting jobs— any way affecting the value of the different ized I was not alone. People were following and as Ayn Rand observed—that are far species of property, presents a new harvest me, at first only a few, then a swelling less than their mind, their capacity, to those who watch the change and can trace crowd. and their talent is capable of. What its consequences; a harvest, reared not by For a long moment, I stood face to face that means is they don’t get their next themselves, but by the toils and cares of the with them—the young cobbler, the car- great body of their fellow-citizens. This is a penter, the storekeeper, the laborer. All of job or their next job, so they don’t de- state of things in which it may be said with them stood facing me. They said not a word. velop to their full potential, and that some truth that laws are made for the few, I realized that providence was showing me a stays with young people for decades to not for the many. vision of America, of what it will become. I come. In another point of view, great injury re- could feel assured that, come what may, This body needs to listen to the sults from an unstable government. The whether it be political bickering . . . or any American people. We need to make DC want of confidence in the public councils other evil in government, . . . our country listen. damps every useful undertaking, the success rests in good hands, in the hands of its peo- Mr. LEE. Will the Senator yield for a and profit of which may depend on a continu- ple . . . ance of existing arrangements. What prudent A similar crowd we might say gath- question? merchant will hazard his fortunes in any new Mr. CRUZ. I am happy to yield for a branch of commerce when he knows not but ers every time people converge at a question without yielding the floor. that his plans may be rendered unlawful be- townhall meeting. It is not necessarily Mr. LEE. My question relates to the fore they can be executed? What farmer or a crowd consisting of carpenters, store- nature of our government and the na- manufacturer will lay himself out for the en- keepers, laborers, and cobblers. It ture of our system which is a system of couragement given to any particular cultiva- might well consist of a crowd including laws. One of the reasons America has tion or establishment when he can have no schoolteachers, Web designers, business been attractive to so many people over assurance that his preparatory labors and consultants, mothers and fathers and advances will not render him a victim to an the last few centuries and one of the inconstant government? In a word, no great friends. reasons people have wanted to move improvement or laudable enterprise can go Every time I hold townhall meetings, here from all over the world is that forward which requires the auspices of a as I look around the crowd and I see this has always been a land of oppor- steady system of national policy. groups of people represented from tunity. It has been a place where you But the most deplorable effect of all is that those groups I described, I think about can be born into one station in life and diminution of attachment and reverence the fact that today, as in Washington’s die in a much better station. We worry which steals into the hearts of the people, time, the hands of our great Nation towards a political system which betrays so rest in good hands. It rests in the hands that land of opportunity might cease many marks of infirmity, and disappoints so to be. We worry about the fact that many of their flattering hopes. No govern- of its people. people are being trapped at the bottom ment any more than an individual, will long So hand in hand and acting on the in- rungs of the economic ladder and find- be respected without being truly respectable; stincts of our better angels and con- ing it increasingly difficult to move up nor be truly respectable, without possessing nected in the principle of civil society along that ladder. a certain portion of order and stability. and in the principles that allow our One of the reasons this is the case is We see in this an age-old warning, a country to be great, we know that we because the distinction between what warning about what happens when gov- the people and not we the government is properly within the domain of gov- ernments do certain things which tend will form a more perfect union and help ernment and what is properly within toward voluminous legislation, exces- ensure that the vision of George Wash- the domain of people is sometimes sive regulation, and deliberate manipu- ington becomes the destiny of the Na- blurred. In other instances, that which lation by those who have access to the tion. is properly within the domain of the power lovers of government, whereby Our discussions tonight have been Federal Government and properly they may commandeer the economic about keeping the country in the hands within the domain of the State and machinery of an entire civilization— of the people and making sure the gov- local governments in this country is commandeer it to their advantage, and ernment serves the people and not the blurred. thereby secure a position at the top other way around, making sure the On other occasions, it is because end of the economic spectrum of that people are in charge of their own gov- what is properly within the domain of society. When people do this, they very ernment; that whenever the things the legislative branch is usurped by the frequently use really long, really com- that government does become destruc- executive branch or the judicial branch plex laws. They necessarily rely on ex- tive of the ability of the people to or a combination of the two. The more tensive regulation, the kind of regula- achieve happiness and secure their own our legal system becomes deteriorated, tion that can be found in a 2,700-page lives and their liberty and their pursuit the less faithful it becomes to the blue- law passed by Members of Congress of happiness, it is important that the print that was created for our govern- who have not read it, who pass it after people restore to themselves the power ment some 226 years ago, and the more being told they have to pass it in order which is rightfully theirs. we struggle in this country. to find out what is in it, who do so only Throughout the history of the world, I quoted James Madison earlier. I re- to discover later that this 2,700-page in many civilizations, people have ferred to something he said in Fed- piece of legislation has become 20,000 called that idea radical. They have eralist No. 62. I have the actual text of pages of regulation. called it crazy. They have called it in- the language, which I largely para- As we stand this evening, or this sane. Here we call it a very American phrased earlier, and I wish to expand morning, or whatever we call this time ideal.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6794 CONGRESSIONAL RECORD — SENATE September 24, 2013 Here, tonight, we have been talking a idate ObamaCare, thus obviating the One of the tremendous aspects of the lot about this law. We have been talk- need for Congress to go through the American character is Americans have ing a lot about our ability to defund process of defunding it and later re- never been willing to sit back and do this law which we believe has become pealing it. That didn’t happen. nothing. destructive of the people. We have been There were those who expected that a People all over this country are dis- told by some of our colleagues—some Republican would be elected to Presi- illusioned. They are disillusioned be- from within our own party—that this dent of the United States in the 2012 cause Washington does not listen to us. effort is futile, that we shouldn’t fight election cycle, thereby making it pos- They are disillusioned because Demo- it because, as we are told over and sible for ObamaCare to be repealed or cratic Senators do not listen to the over, we don’t have the votes. Those perhaps at least stalled out with the people and Republican Senators do not things can change and they do change assistance of the President and with listen to the people. I understand that when the people speak to their elected the assistance of an Executive order disillusionment. I feel the same way. representatives and they ask their suspending many of its major provi- Everywhere I go in Texas that senti- elected representatives to do that sions. That, of course, didn’t happen. ment is expressed. I do not think there which they were sent to our Nation’s We are now at the point when we are is a State in the Union where they do capital to do. being asked to fund the operations of not feel that sense. There is a man named William Mor- government potentially for the last But there are moments—moments in ris, a man whose political philosophy I time between now and the time when time when we can change that. You don’t share in many respects, but a the law’s major operative provisions think back to earlier this year, to an- man who occasionally said things that will take effect. other filibuster that occurred on this were profound and reflect broader This will not be the end of the de- Senate floor with our friend Senator truths. bate, assuming this effort either does RAND PAUL, when he was standing up William Morris once wrote: or doesn’t succeed. I have no doubt this to the administration’s drone policy. One man with an idea in his head is in dan- debate will continue for some time. If Senator PAUL began that filibuster, if ger of being considered a madman; two men we do not succeed in defunding I remember correctly, at 11:45 a.m. with the same idea in common may be fool- ObamaCare at this point, it doesn’t When he started, virtually every Sen- ish, but can hardly be mad; ten men sharing mean the cause is lost forever. It may ator in this Chamber viewed what he an idea begin to act, a hundred draw atten- was doing as an odd crusade. They did tion as fanatics, a thousand and society be- nonetheless mean it becomes far more gins to tremble; a hundred thousand . . . and difficult to stop this law. not support it. They did not even un- the cause has victories tangible and real; and Once a law such as this takes effect, derstand it. What matters if the Fed- why only a hundred thousand? Why not a it is frequently suggested it will be eral Government can use a drone to hundred million and more . . . ? You and I much harder to stop, much harder to target a U.S. citizen, to kill a U.S. cit- who agree together, it is we who have to an- defund, and much harder to repeal izen on U.S. soil? What matters that, swer that question. down the road. So before we take this thought most Senators. So when we find ourselves with an step, I think it is appropriate that we Senator PAUL began a brave crusade. idea in our head, when we find our- consider very seriously defunding this I would note, during that filibuster, I selves listening to people, people who law’s implementation and enforce- was honored to stand side by side with might begin with a chorus of one call- ment, especially in light of taking into my good friend Senator LEE as we were ing out for Congress to do something to account the potentially devastating the first two Senators to stand in sup- protect the American people, we might impact this law will have, could have, port of that and to battle the length of be inclined to dismiss that one idea and is already having on our Nation’s those 13 hours in defense of the Con- coming from that one person as the workers, the impact it is having with stitution. product of madness. When two people regard to wages, to employment oppor- During the course of that filibuster, join together, when 10, when 100, 1,000, tunities, to access to health care, and we saw what happens when the Amer- 10,000, and so forth—with each order of to the cost of health care. We have to ican people get engaged. Because the magnitude, we find that the idea ac- take that very seriously, as the House American people got engaged at an in- quires more potency, the idea acquires of Representatives has done in passing credible level, and it forced a change. more lasting power, the idea moves this continuing resolution. For 3 consecutive weeks, President more and more people. As we take that up, we have to re- Obama had refused to do what he did The idea to defund ObamaCare is not member the fate of this Nation lies in that very next day, which was admit in new. It has been discussed since 2010, good hands. It lies in the hands of the writing that the Constitution limits since shortly after the law’s enact- American people—the people who were his authority to target U.S. citizens. ment, since about the time when many represented well by the House of Rep- Indeed, earlier that day before the people were predicting that the Repub- resentatives when it passed the con- filibuster began, it so happened that lican Party might gain control of at tinuing resolution funding the oper- Attorney General Eric Holder was tes- least one House of Congress. That is ations of government, while defunding tifying before the Senate Judiciary when it began in earnest. ObamaCare. Committee. Senator LEE and I were We hoped, we expected, that once the I ask Senator CRUZ the question: both there as part of that testimony. I Republican majority took hold, once What can we do as citizens, what can remember an exchange with the Attor- Republicans took control of the House we do as Senators, to make sure the ney General where three times I asked of Representatives in January 2011, in hands of our government will, indeed, the Attorney General if, in his view, the wake of the 2010 election cycle, remain in good hands, in the hands of the Constitution allowed the U.S. Gov- that the defunding of ObamaCare its people, rather than in the hands of ernment to kill a U.S. citizen on U.S. would be imminent. In fact, H.R. 1, the a perpetual oligarchy, albeit an elected soil if that individual did not pose an continuing resolution, as I recall, was oligarchy, a bipartisan political estab- imminent threat, and three times he filed at the beginning of the last Con- lishment that might limit the freedom responded: I do not think it would be gress and originally was written to of the American people? appropriate to do so. defund ObamaCare. I am not quite sure (Mr. DONNELLY assumed the Chair.) The first time he gave that response, why that didn’t move forward, but Mr. CRUZ. I thank my friend from I responded to the Attorney General. I many expected it would happen. It Utah for that very fine question. The said: Mr. Attorney General, you seem didn’t happen. We have continued to answer as to what we can do is to do to have misunderstood my question. I pass continuing resolution after con- what we must, as Americans, what we was not asking about propriety. After tinuing resolution since January of always have, which is to take the re- all, he was not there testifying as an 2011 to keep the government funded sponsibility on ourselves, on our shoul- etiquette columnist for the local news- and we have done so without defunding ders, to step forward, to engage. paper. I said: You are the Attorney ObamaCare. There have been reasons Edmund Burke famously said: The General of the United States. You are for that. There were many who ex- only thing necessary for evil to prevail the chief law enforcement officer for pected the Supreme Court would inval- is for good men to do nothing. the United States of America. Does the

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6795 Department of Justice have a position was going to engage in a unilateral as part of it since not too long ago I on whether the Constitution allows the military strike within days. It was im- took the opportunity to read some U.S. Government to use a drone to tar- minent. It was happening. There was words of wisdom from Duck Dynasty get and kill a U.S. citizen on U.S. soil bipartisan support from the leadership and I suspect that is not entirely dis- if that individual does not pose an im- of both Houses of Congress. All those connected. minent threat? Again, the response same pundits—Mr. President, if you are I have to admit, I have seen things was: I do not think it would be appro- noticing a pattern here, there is a pat- trend No. 1. I have never seen them priate. tern here. These same pundits over and trend Nos. 1, 2, 3, and 4 all at the same After the third time, I almost felt as over again said: Whatever President time. if the response was: I do not understand Obama says, that is inevitable. It can- Given the Senate Chamber has been this Constitution to which you are re- not be stopped. There is nothing we can largely empty for most of the night, it ferring. Finally, he conceded in that do about it. There is nothing to see is self-evident that kind of involve- back and forth: Well, when I say ‘‘ap- here. Move on. ment from the American people is not propriate,’’ I mean ‘‘constitutional,’’ At first the President, quite rightly, a factor of personalities. It is not a fac- which I find a curious notion that listened to bipartisan calls to submit tor of myself or MIKE or anyone else. somehow ‘‘appropriate’’ and ‘‘constitu- that decision to the constitutional au- And by the way, everyone who wants to tional’’ are coterminous. thority of Congress. I was quick to distract from the subject of this debate You want to talk about what the praise him for doing so. And, second, will try to make it about personalities. American people can do? We saw dur- even more difficult, the President If they can get the Washington press ing that, had not that filibuster and showed the wisdom, the prudence to corps to write stories about personal the American people mobilized, Presi- listen to the voice of the American peo- flights, about back and forth, about dent Obama would have never admitted ple when the American people spoke civil war—my goodness, how many in writing what he admitted that next out overwhelmingly and said: We do times have we seen the words ‘‘civil day, which was the Constitution limits not want to be involved in a sectarian war’’ in the last week in the press? I his authority. And that matters. civil war in Syria when we do not have am wondering if reporters have it now We saw another example with the a dog in the fight, when the rebels are on a macro: ‘‘Alt’’ ‘‘C’’ and it types gun debate. Following the tragic shoot- in some significant way allied with Al ‘‘civil war.’’ Who cares? You know ing in Newtown, CT—which every one Qaeda, Al-Nusra, radical terrorists, what. If you get out of Washington, DC, of us was horrified at—the President, when there is no national security in- I do not know anyone who cares. What sadly, did not come out and say: Let us terest in getting us in the middle of Americans care about is they want jobs go after violent criminals. back. They want economic growth And listen, I think we should come this. It was overwhelming, and the en- tire ship of state turned on a dime. back. They want to get back to work. down on violent criminals like a ton of They want their health care not to be bricks. Instead, the President, unfortu- What was inevitable stopped. And it stopped because of the American peo- taken away because of ObamaCare. nately, took it as an opportunity to go Every effort to talk about anything after the Second Amendment rights of ple. So the question my friend Senator else is all a deliberate effort to distract law-abiding citizens, instead of tar- from the issue that matters. geting violent criminals, those who LEE asked—what can the American people do? Do the same thing. But let The reason this is trending Nos. 1, 2, would prey on the innocent. 3, and 4 is because, for a moment, at The conventional wisdom in Wash- me tell you now, you have to do it 10 times louder. You have to do it in even least, some in this body are listening ington was the momentum behind to the American people. I hope and be- those efforts was unstoppable. Indeed, greater volume. Because I am sorry to say, Members of this body are dug in at lieve and think that a great many all the talking heads, the same talking Americans want to believe that more AND’s filibuster said a level they were not dug in on drones, heads who during R of us will do so, that more of us on the this is foolish, this is a fool’s errand, at a level they were not dug in on guns, Republican side of the aisle and more this cannot work—the American people at a level they were not dug in on of us on the Democratic side of the rose up and spoke and that was proven Syria. aisle will forget party, forget the bat- wrong. The Democrats in this body, I am During the gun debate, those same sorry to say, have not yet shown the tle, and actually listen to the people talking heads—it is interesting, in the willingness to speak out like James and fight to fix these problems. The question Senator LEE asked is: world of punditry there are no con- Hoffa of the Teamsters has, have not What can the American people do? I sequences for being proven wrong. You yet shown the willingness to speak out will say, nothing gets the attention of just keep going back to making those for their constituents and say: elected representatives more than same gosh darn predictions. And you ObamaCare is failing and it is not know what. If you keep making the working. hearing from their constituents in jaw- same prediction often enough, eventu- The Republicans in this body—there dropper numbers, in phone calls and e- ally it is going to prove right. are quite a few of them who are angry mails and tweets and Facebook posts. In the gun debate all those same we are having this fight. They believe Some Members of this body express talking heads said: You cannot stop it. it is not worthy of the time of this in- annoyance that why would their con- This is unstoppable. What happened stitution. They find themselves of- stituents have the temerity to dictate again? The American people got in- fended that the American people would to us—the solons of Washington—what volved by the thousands, by the tens of expect us not just to have a symbolic to do. The answer is simple. Because thousands, calling their Senators, e- show vote on a ObamaCare but actu- our constituents are our boss. We work mailing their Senators, speaking out at ally to do something. Goodness gra- for them. They have every right to dic- townhalls, saying: Defend the Second cious, this is Congress. We do not do tate to us. Amendment right to keep and bear something. Let’s have another sym- I will note, on a lighter note, my arms. We want the constitutional bolic vote, and then we can put out a friend Congressman LOUIE GOHMERT, rights of law-abiding citizens to be pro- press release. who has been here all night, handed me tected. About an hour ago, a member of my something that was quite nice. It is I remember on the floor of this Sen- staff showed me that this discussion— from the Daily News. It ran on Friday, ate, when it came for a vote, every sin- even though virtually every Senator November 4, 1949. It is entitled ‘‘Ode to gle proposal of the President that has gone home and gone to sleep—that the Welfare State.’’ It reads: would have undermined the Second this discussion, this debate is not just Mr. Truman’s St. Paul, Minn., pie-for-ev- Amendment was voted down. That as- trending No. 1 in the United States, but erybody speech last night reminded us that, at the tail-end of the recent session of Con- tonished observers. They said it was in one way, shape, or form is trending gress, Representative Clarence J. Brown (R- impossible. It was impossible until the No. 1, No. 2, No. 3, and No. 4. I have Ohio) jammed into the Congressional Record American people engaged. never seen anything like that. the following poem, describing its author As we discussed not too long ago with No. 2, I will confess, is Duck Dynasty, only as ‘‘a prominent Democrat of the State Syria, the President advocated, said he but I am going to claim Duck Dynasty of Georgia’’:

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6796 CONGRESSIONAL RECORD — SENATE September 24, 2013 It is titled ‘‘Democratic Dialogue.’’ Each of us has a natural right—from God— It seems almost as though Bastiat Father must I go to work? to defend his person, his liberty, and his were writing about Congress right now, No, my lucky son. property. These are the three basic require- about the Obama administration grant- We’re living now on Easy Street ments of life, and the preservation of any ing exemptions from ObamaCare to the one of them is completely dependent on the On dough from Washington. friends, to those with political influ- We’ve left it up to Uncle Sam, preservation of the other two. For what are our faculties but the extension of our indi- ence, the giant corporations, and to So don’t get exercised. Members of Congress. Why do Members Nobody has to give a damn— viduality? And what is property but an ex- tension of our faculties? If every person has of Congress get an exemption from We’ve all been subsidized. the right to defend even by force—his person, ObamaCare that hard-working Amer- But if Sam treats us all so well his liberty, and his property, then it follows ican families do not? And feeds us milk and honey, that a group of men have the right to orga- Bastiat tells us this 160 years ago. Please daddy, tell me what the heck nize and support a common force to protect This is done for the benefit of the per- He’s going to use for money. these rights constantly. Don’t worry bub, there’s not a hitch Thus the principle of collective rights—its son who makes the law and in propor- In this here noble plan— reason for existing, its lawfulness—is based tion to the power he holds. Bastiat He simply soaks the filthy rich on individual right. And the common force goes on to talk about the victims of And helps the common man. that protects this collective right cannot lawful plunder. But father, won’t there come a time logically have any other purpose or any Men naturally rebel against the injustice When they run out of cash other mission than that for which it acts as of which they are victims. Thus, when plun- And we have left them not a dime a substitute. Thus, since an individual can- der is organized by law for the profit of those When things will go to smash? not lawfully use force against the person, who make the law, all the plundered classes My faith in you is shrinking son, liberty, or property of another individual, try somehow to enter—by peaceful or revolu- You nosy little brat. then the common force—for the same rea- tionary means—into the making of laws. Ac- You do too damn much thinking son, son—cannot lawfully be used to destroy the cording to their degree of enlightenment, To be a Democrat. person, liberty, or property of individuals or these plundered classes may propose one of That is from the Daily News, Friday, groups. two entirely different purposes when they at- November 4, 1949, apparently inserted Property and plunder. Man can live and tempt to attain political power: Either they satisfy his wants only by ceaseless labor; by into the CONGRESSIONAL RECORD by a may wish to stop lawful plunder, or they the ceaseless application of his faculties to may wish to share in it. Member of Congress. natural resources. This process is the origin Let’s take it a different direction. We of property. Now, let me note at this point, this talked about liberty, liberty that is at But it is also true that a man may live and goes directly to the question Senator stake here. I want to talk about that satisfy his wants by seizing and consuming LEE asked a little bit earlier this same principle. On one level, on the the products of the labor of others. This morning: What can the American peo- real, on the personal, on the hard- process is the origin of plunder. ple do? The plundered class, the hard- working American families, they are Now, since man is naturally inclined to avoid pain—and since labor is pain in itself— working American families that are facing a loss of jobs. They are facing it follows that men will resort to plunder finding their jobs going away, that are small businesses that are not growing. whenever plunder is easier than work. His- finding economic growth stripped They are facing skyrocketing health tory shows this quite clearly. And under away, they are finding themselves forc- insurance premiums. They are facing these conditions, neither religion nor moral- ibly put into part-time work. They are losing their health insurance. ity can stop it. seeing their health insurance pre- But on another level, we are facing When, then, does plunder stop? It stops miums skyrocket or are seeing their when it becomes more painful and more dan- an assault on liberty. Before, we went health insurance jeopardized or taken through some of Ayn Rand’s Atlas gerous than labor. It is evident, then, that the proper purpose away. They can come together and Shrugged. Now, I want to go further of law is to use the power of its collective force our elected officials in both par- back to 1850, to read some excerpts force to stop this fatal tendency to plunder ties to listen to the people—make DC from a classic that I would recommend instead of to work. All the measures of the listen. That is what Bastiat is talking to everyone to read, Frederic Bastiat’s, law should protect property and punish plun- about there. der. ‘‘The Law.’’ The Law is a primer in free Woe to the nation when this latter purpose enterprise. But, generally, the law is made by one man or one class of men. And since law cannot op- prevails among the mass victims of lawful Though expansion of government programs erate without the sanction and support of a plunder when they, in turn, seize the power may be tempting, the designers often have to make laws! Until that happens, the few selfish aims, and the program almost always dominating force, this force must be en- trusted to those who make the laws. practice lawful plunder upon the many, a thwarts the liberty and prosperity of the common practice where the right to partici- people. That would be us. pate in the making of law is limited to a few He warns of the dangers of programs This fact, combined with the fatal tend- persons. But then, participation in the mak- and the way in which government pro- ency that exists in the heart of man to sat- ing of law becomes universal. And then, men grams deprive the people of their isfy his wants with the least effort possible, seek to balance their conflicting interests by explains the almost universal perversion of rights. So Bastiat observes: universal plunder. Instead of rooting out the the law. Thus it is easy to understand how injustices found in society, they make these Life is a gift from God, which includes all law, instead of checking injustice, becomes injustices general. others. This gift is life—physical, intellec- the invincible weapon of injustice. It is easy As soon as the plundered classes gain polit- tual, and moral life. to understand why the law is used by the leg- ical power, they establish a system of repris- But life cannot maintain itself alone. The islator to destroy in varying degrees among als against the other classes. They do not Creator of life has entrusted us with the re- the rest of the people, their personal inde- abolish legal plunder. (This objective would sponsibility of preserving, developing and pendence by slavery, their liberty by oppres- demand more enlightenment than they pos- perfecting it. In order that we may accom- sion, and their property by plunder. This is sess.) Instead, they emulate their evil prede- plish this, he has provided us with a collec- done for the benefit of the person who makes cessors by participating in this legal plun- tion of marvelous faculties. And He has put the law, and in proportion to the power that der, even though it is against their own in- us in the midst of a variety of natural re- he holds. terest. sources. By the application of our faculties It is as if it were necessary, before a reign to these natural resources, we convert them I would note throughout the course of justice appears, for everyone to suffer a into products, and use them. This process is of this debate, the central theme I have cruel retribution—some for their evilness, necessary in order that life may run its ap- been focusing on is the disconnect be- and some for their lack of understanding. pointed course. tween Washington and the people and Life, faculties, production—in other words, the practice right now of Democrats It is almost as if that sentence was individuality, liberty, property—this is man. and Republicans not to listen to the written about ObamaCare. I would sug- And in spite of the cunning and artful polit- people. Let me read again that sen- gest when you read that sentence and ical leaders, these three gifts from God pre- tence from Bastiat written in 1850—not then you pick up and read the letter cede all human legislation, and are superior from James Hoffa of the Teamsters to it. Life, liberty, and property do not exist written in response to the Senate in because men have made laws. On the con- 2013—in 1850. He says: saying: We knocked on doors. We sup- trary, it was the fact that life, liberty, and This is done for the benefit of the person ported President Obama. We block property existed beforehand that caused men who makes the law, and in proportion to the walked. We phone called. We supported to make laws in the first place. power he holds. your agenda. Now we have discovered

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6797 that this law, which is your signature Now let us examine Raynal on this subject her residency in 2012, neither of us had em- achievement that you fought for, is a of mankind being molded by the legislator. ployer coverage, so it came time for another nightmare that is hurting millions of The legislator must first consider the cli- policy. We looked around at all the options Americans and their families. That is mate, the air, and the soil. The resources at for a family of four, two 30-year-old adults, a his disposal determine his duties. He must 2-year-old boy and a newborn girl. We found what James Hoffa said. Or, as Bastiat first consider his locality. A population liv- a HTIP plan for $400 a month with a $10,000 said: ing on maritime shores must have laws de- deductible. It is as if it were necessary, before a reign signed for navigation. . . . If it is an inland We also had scrimped and saved so that in of justice appears, for everyone to suffer a settlement, the legislator must make his the event we had a catastrophe we would cruel retribution—some for their evilness, plans according to the nature and the fer- have a deductible coverage. After that our and some for their lack of understanding. tility of the soil. plan paid for 100 percent. This is the best Bastiat continued. Frederic Bastiat—1915—explained coverage I had ever purchased. I had become an educated consumer in health care, shop- Enforced Fraternity Destroys Liberty. principles of liberty that continue across the ages, principles of liberty ping around for the best deals on medica- Mr. De Lamartine once wrote to me thus- tions, and informing doctors of our situation ly: Your doctrine is only the half of my pro- that we owe it to every man and so they coded it properly. When we needed gram. You have stopped at liberty; I go on to woman in America to protect his or her care we opted for urgent care and physicians’ fraternity. life, liberty, and property. ObamaCare offices instead of emergency rooms. I answered him: The second half of your does violence to the natural rights of Many of my young healthy friends now program will destroy the first. In fact, it is every American; it does violence to have these plans, either individually pur- impossible for me to separate the word fra- chased or through their employers. As of ternity from the word voluntary. I cannot their opportunity. Do you know the cruelest joke of all? January 1, most of these plans will go away possibly understand how fraternity can be le- for us, as most of my friends are around 30 gally enforced without liberty being legally ObamaCare has been justified: Let’s help the least among us. That is a years old. These plans are actually decreas- destroyed, and thus justice being legally ing the cost of health care as they inspire us trampled underfoot. noble goal. We should all care about to be educated consumers. Unlike what the Legal plunder has two roots: One of them, helping the least among us. The cru- President said, I don’t get to ‘‘keep my as I have said before, is in human greed; the elest irony is that the people who are plan.’’ other is in false philanthropy. being hurt the most by ObamaCare are I never thought that not purchasing insur- At this point, I think that I should explain the least among us. ance would be an option for my family. I exactly what I mean by the word plunder. The rich, as the President frequently have done a fair amount of research using Plunder violates ownership. I do not, as is inveighs, millionaires and billionaires, the IRS info, current and estimated prices, often done, use the word in any vague, uncer- even my own insurance company’s esti- tain, approximate, or metaphorical sense. I are not hurt by ObamaCare. They are doing just fine. In fact, they are doing mates. It looks like for the cheapest, bronze use it in its scientific acceptance—as ex- plan, the estimated cost will be about $1,600 pressing the idea opposite to that of property better. The richest segment of this per month, which is $20,000 per year. We [wages, land, money, or whatever.] When a country is doing better today than don’t qualify for subsidies. portion of wealth is transferred from the per- they were when President Obama was If I choose not to comply, I would pay a son who owns it—without his consent and elected. fine which, for us, amounts to about $2,000 without compensation, and whether by force Who is getting hurt? Who is losing and save the $18,000 balance in a bank ac- or by fraud—to anyone who does not own it, their jobs? Who is not finding jobs? count. Our fine will max out at about $5,000, then I say that property is violated; that an so I will still have $15,000 per year. I will now act of plunder is committed. Who is getting their hours forcibly re- duced to 29 hours a week? Who is losing begin paying cash for my health care and ne- I say that this act is exactly what the law gotiate with doctors and hospitals myself. is supposed to suppress, always and every- their health insurance? As I get older I will consider big insurance where. When the law itself commits this act I have read one letter after another when it looks like the cost-benefit ratio is that it is so supposed to suppress, I say that from people across Texas and across better. No one in my family has ever gone plunder is still committed, and I add that this country, and not one of these let- without coverage because health care is the from the point of view of society and welfare, ters said: I am independently wealthy, No. 1 priority on our list. It still is, but this this aggression against rights is even worse. cruising on my yacht in the Caribbean, individual mandate has caused us to consider In the case of legal plunder, however, the and yet ObamaCare has crimped my going without insurance for the first time. I person who receives the benefits is not re- style. That is not what is happening. would gladly keep my fine if I could keep my sponsible for the act of plundering. The re- These are letters I read from the re- current insurance, but that is not an option sponsibility for this legal plunder rests with either. the law, the legislator, and society itself. tired couple in Bayou Vista who had Here is one of my friends’ stories. He is a Therein lies the political danger. saved their whole life to buy their high school teacher and his wife is a stay-at- The Law and Charity. You say: There are home, and now they are at risk of los- home mom with two kids. His district pays persons who have no money, and you turn to ing their home because of ObamaCare. for all of his coverage and none of his the law. But the law is not a breast that fills Let me read from another con- spouse’s. This year they opted to purchase an itself with milk. Nor are the lacteal veins of stituent in Houston, TX, my home- individual plan for her because it was more the law supplied with milk from a source town, who on July 11, 2013, wrote: affordable, $150 a month versus $500. Begin- outside the society. Nothing can enter the My wife and I are currently both working ning January 1, she will be forced into the public treasury for the benefit of one citizen jobs where there is no provided health care exchange, where her estimated cost will be or one class unless another citizen or other coverage. My wife is a self-employed physi- about $400. classes have been forced to send it in. They currently cannot afford this, and cian and I am in sales. We have never gone If every person draws from the treasury they don’t qualify for a subsidy because her without health coverage our entire lives. the amount that he has put in it, it is true My father was in the military, so I had employer offers coverage for her, even that the law plunders nobody. But this pro- health care until I graduated college. My though her income would qualify her for a 50 cedure does nothing for the persons who have wife had coverage through her parents until percent subsidy. They will choose not to no money. It does not promote equality of she graduated. We never wanted to go with- have insurance coverage on them. income. The law can be an instrument of out coverage, so anytime our coverage had a Many of the young, healthy people I equalization only as it takes from some per- break we went ahead and bought cata- have talked to told me they plan to go sons and gives to other persons. When the strophic short-term coverage, even knowing law does this, it is an instrument of plunder. without insurance—people who cur- we would have coverage soon. rently purchase individual plans—be- While my wife was in medical school, I had I would note the adage that any leg- cause the coverage would be too expen- islator who proposes to rob Peter to employer coverage, and I bought an indi- vidual policy for her because it was much sive and the fine for most of them is pay Paul can always count on the sup- much less than the coverage. port of Paul. less costly than group coverage. When my employment status changed and neither of As was told to the American people, Going back to Bastiat: us had employer coverage, I bought indi- if you like your health coverage, you With this in mind, examine the protective vidual policies for both of us. We would not can keep it. We now know that promise tariffs, subsidies, guaranteed profits, guaran- risk going without health insurance. was simply, objectively, 100 percent teed jobs, relief and welfare schemes, public Because we were both young and healthy false. For Americans all over this coun- education, progressive taxation, free credit, at the time, the policies were very afford- and public works. You will find that they are able, about $130 a month. Purchasing cov- try, the facts are otherwise. always based on legal plunder, organized in- erage was a no brainer. It is incumbent on us, representing justice. While in her residency, we got family cov- our constituents, to look to the reality Legislators Desire to Mold Mankind. erage through her work. When she finished of these facts.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6798 CONGRESSIONAL RECORD — SENATE September 24, 2013 Look to the young people. I don’t resentatives in Washington to stand for Well, our problems are acute. Our think you could design a plan designed them reminds me of the fact that problems are, in fact, chronic. We have to harm young people more than sometimes people do take this chal- to do more than shrug our shoulders. ObamaCare. It is more than a crying lenge, and sometimes they don’t. What we need right now is more shoul- irony that some 70 percent of young Sometimes people will square their der-squaring than shoulder-shrugging. people voted for the President. I recog- shoulders heading into a challenge, and We have to have people who will follow nize that young people didn’t nec- other times people will simply engage the admonition of Ronald Reagan, who essarily understand the consequences in shoulder-shrugging and ignore prob- declared more than 30 years ago that it of ObamaCare and how it is impacting lems all together. is morning in America again. As it is their future. It is one of the things on A few years ago I was traveling now morning in Washington again, it is which I hope this debate will focus. through southern Utah with my fam- an appropriate time of day for us to If you are a young person coming out ily, and we went to a restaurant. It was bring this up. To paraphrase the words of school, have some student loans, and sort of a fast food restaurant that had of Ronald Reagan, as spoken in his let’s say you are hoping for a job and a salad bar. For some strange reason, speech at the Republican National Con- for a future, if you can’t get that first instead of ordering a cheeseburger, I vention in July 1980, and to apply those job or if you are forced into part-time ordered a salad. I don’t know why, but same words today, let me just say as work, you are not going to gain the I got the salad bar. I went through the follows: salad bar with my plate, and I was put- skills you need to get that second job, Our problems are both acute and chronic, the third job, the fourth job, or to build ting all of these horribly healthy foods yet all we hear from those in positions of a career, to get married, and to provide on my plate—lettuce, vegetables. Then leadership are the same tired proposals for for your family. I saw at the end of the salad bar some- more government tinkering, more meddling We read earlier from the Wall Street thing that I didn’t expect, a little and more control, all of which led us to this Journal describing how economists bonus. There was a little tub of choco- state in the first place. Can anyone look at the record of this administration and say: now talk about young people as the late pudding, and I thought, this is fan- tastic. I can feel like I am eating a Well done? Can anyone compare the state of ‘‘lost generation.’’ One of the striking our economy when this administration took consequences of this is that young peo- healthy meal because I am eating a salad, but I get chocolate pudding in office with where we are today and say: Keep ple are putting off marriage and put- up the good work? Can anyone look at our ting off kids. We know that has soci- with salad, so I put a bunch of that on reduced stand in the world today and say: etal consequences. That has societal my salad plate. Let’s have more of this? I sat down a few minutes later, and, consequences that are altogether detri- We must have the clarity of vision to see of course, rather than eating the salad, mental. And they are doing it not for the difference between what is essential and I went right for the pudding. There was what is merely desirable, and then the cour- matters of individual choice, they are only one problem: The pudding was dis- age to use this insight to bring our govern- doing it because the economy is so ter- gusting. It was spoiled rotten. It tasted ment back under control and make it accept- rible for young people that they have as if it had been left out overnight able to the people. It has long been said that no options. They have no options to freedom is the condition in which the gov- unrefrigerated for 3 nights in a row, ernment fears the people and tyranny is the provide for a spouse, to provide for which is not a good thing. kids, so they rationally choose not to condition in which the people fear the gov- I immediately thought, I have to find ernment. begin those families until they have a somebody who works here. I have to Throughout the duration of our his- job sufficient to provide for their fami- tell someone that the pudding is bad so tory as a republic, we have enjoyed lib- lies. that they don’t have to deal with any erty, we have enjoyed freedom, and we This thing isn’t working. Every one other customers eating rotten pudding. have had a notable absence of tyranny. of us owes it to our constituents to lis- I found the nearest employee of the Sure, there have been excesses from ten, to listen to the young people who restaurant. I said to her in a sort of time to time. We have kept those under are suffering, to listen to the single hushed tone of voice: Hey, the pudding control because the government has al- moms, to listen to the seniors, to listen is bad. You need to do something about ways been in good hands—in the hands to those with disabilities, to listen to it. You need to replace it. It is rancid. of its people. When the people weigh in the African Americans, to listen to the It is spoiled rotten. Please do some- Hispanics who aren’t getting jobs, are thing about it. from time to time and decide they have getting forcibly put in part-time work, She looked at me with a sort of blank had too much of something, it ends up facing skyrocketing health insurance stare. She couldn’t have been older having a benefit for everyone. Every- premiums, and who are losing their than maybe 17 years old, and she just one benefits when the people speak and health insurance. said: I am not on salad. Then she are heard. Everyone benefits when the We can vote party loyalty. That is walked away. My response to that was, people’s elected representatives are easy to do. It is the way Washington I am not suggesting that you are on willing to square their shoulders and often works. We can vote and say: Con- salad. stand up to a challenge rather than gress is exempted. We have special I all of a sudden wondered whether I shrug their shoulders and walk away rules that apply to us, so it is not our had stumbled across some rift among saying, as it were, I am not on salad. problem. the employees of this particular fast Today, we are all on ObamaCare. We Yes, it hurts hard-working Ameri- food establishment. Maybe she didn’t are all on it in the sense we can’t walk cans. If there is one thing Washington like the implication that she was one away from it. We are all on it in the knows how to do, it is ignore the plight of the salad bar attendants. Maybe sense that we have no choice but to of hard-working Americans. Or we can that was a bad thing. I don’t know. All confront the many challenges facing show a level of coverage that has been I know is that it was kind of strange our people. There is not widespread rare in this town and step up and say because she worked for the same em- agreement as to what we can or should we will risk retribution from our own ployer who ran the salad bar. I would or must or might do. parties. We will stand up and speak the have thought she would have cared In the absence of consensus, and un- truth. We will stand up and champion about that. Instead, she said: I am not derstanding the widespread disruption our constituents. Elected officials need on salad, shrugged her shoulders, and to our economy this will create once it to listen to the people. Together, we walked away. is fully implemented, some have sug- must make D.C. listen. I wonder if that is sometimes what gested that a good compromise posi- Mr. LEE. Will the Seantor yield for a we have too much of here in Wash- tion might be to delay its impact. And question? ington: I am not on salad. I am not on the best way to fully delay it is to Mr. CRUZ. I yield for a question ObamaCare. I am not on excessive reg- defund it—defund it for at least 1 year. without yielding the floor. ulation. I am not on dealing with a law The President himself has acknowl- Mr. LEE. As the Senator was men- that is going to result in a lot of Amer- edged the law is not ready to be imple- tioning, the fact that it is time for peo- icans losing their jobs, having their mented as written. The American peo- ple to stand for their own rights and it hours cut, their wages cut, or losing ple are reluctant to confront the many is time for the people’s elected rep- access to their health care benefits. economic challenges this law presents.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6799 It is, therefore, appropriate that we do It is not surprising the House of Rep- it is easy for politicians to convince this, and it is appropriate the House of resentatives would do that first. For themselves of that. I hope we see Re- Representatives passed a continuing one thing, the House is designed to be publicans saying: Listen, this is a con- resolution to keep government funded the people’s House. In our constitu- science vote. This is a vote to do the while defunding ObamaCare. tional structure, the House has a dif- right thing. It is for that position we have been ferent role than the Senate. The House I have to say that in my time in the speaking, and it is for that position of Representatives is up for election Senate this is the first time I have seen that we continue to insist that as we every 2 years like clockwork. In the Republican leadership actively whip- approach the cloture vote this week, House, you run, you get elected, you ping the Republican conference to sup- that I and Senator CRUZ and a few oth- may get a little bit of a breather, enjoy port HARRY REID and give him the ers will be voting no on cloture on the Thanksgiving and Christmas with your power to enact his agenda. I have never bill because we support the House- family, and then you promptly turn seen that before. I am quite confident passed continuing resolution—H.J. Res. around and start getting ready for the it is not what Texans expect of me. I 59. We support that, and because we next election 2 years hence. Given that, am quite confident, when each Repub- support it, we cannot support a process the House is, by its nature, more re- lican goes back to his or her home that would enable Senator REID, the sponsive to the people because the State, it is not what their constituents Senate majority leader, to strip out, to risks are higher in the House to not expect of them. gut the most important provision with- being so. The House has shown over I am also quite confident, if and when in that resolution—the ObamaCare and over, when the elected representa- we return home and stand in front of defunding legislation—by a simple ma- tives stop listening to the American our constituents and are asked: Sen- jority vote without allowing any other people, the American people are very ator, why did you vote yes on cloture votes on any other amendments, with- good, to use an old phrase, at throwing to give HARRY REID the power to fund out allowing for an open amendment the bums out. ObamaCare, to gut the House con- process, without ever allowing Mem- The Senate, on the other hand, is tinuing resolution, I am quite con- bers of this body to have an up-or-down similar to a battleship. It turns slowly. fident if the answer was: Our party vote on the legislation as a whole, as it Part of that is by constitutional de- leadership asked me to do that; I am was enacted, as is. sign. Part of that was the wisdom of expected to be a good soldier, to salute That is what we are fighting for. Is the Framers. In any given 2-year cycle and to march into battle—you know this difficult? Yes, absolutely it is. Do only one-third of this body is up for what, none of us were elected by party we have consensus within our own po- election. It is one of the things that is leadership. That is true on the Demo- litical party? Of course we don’t. That interesting. If you look at those Repub- cratic and Republican side. is one of the reasons we are standing licans who have publicly said they in- Listen, if we see Democratic Sen- here today, to persuade our colleagues tend to vote for cloture, they intend to ators showing courage on this issue to and to persuade more of the American vote to give HARRY REID the power to break, I have no doubt the Democratic people to join in with us. No one Sen- fund ObamaCare with 51 Democratic leadership will be very unhappy with ator can do this alone. Not one of us, votes, they intend to give HARRY REID them. I don’t want to sugarcoat what certainly by means of our persuasive the power to gut the Republican con- the reaction would be. On the Repub- abilities, will be able to do this. But tinuing resolution, most of those Re- lican side, none of us were elected by with the American people, we can do a publicans who have said that are not our party leadership. We have a dif- lot of things. up for election in 2014. ferent boss. Our boss is the American It wasn’t very long ago, it wasn’t It is amazing how it can focus the people. Our boss consists of the con- even 2 weeks ago when people were still mind if you have to actually stand be- stituents who elected us. I am going to saying it would not be possible to pass fore the citizens. I suppose some of the submit, if you strip away all the proce- a continuing resolution such as H.J. Republicans who are up in 2016 and 2018 dural mumbo jumbo, all the smoke and Res. 59—one that keeps government might think: There will be time. There mirrors, our constituents would be hor- funded while defunding ObamaCare. will be time. The voters will forget. rified to know the games we play, to Yet when the people weighed in strong- The only way to move the battleship of know this is all set up to be a giant ka- ly in support of this measure, it be- the Senate is for the American people buki dance—theater—where a lot of came possible. I hope and I expect the to make it politically more risky to do Republicans vote to give HARRY REID same can be true in the Senate. the wrong thing than it is to do the the authority to gut the House con- So I would ask Senator CRUZ: What is right thing. tinuing resolution to fund ObamaCare the best way the American people, in When we were reading Bastiat’s ‘‘The and they go home and tell their con- confronting this challenge and others Law,’’ he talked about how do you pre- stituents: Hey, I was voting in support similar to it, but in particular this vent plunder. You make it more risky of the House. Boy, with support like challenge confronting ObamaCare, can to engage in plunder than in hard that, it is akin to saying you are sup- square their shoulders and avoid the work. The same is true of politics. You porting someone by handing a gun to kind of shoulder shrugging that has re- make it more risky not to listen to the someone who will shoot you. sulted in so much expansion of govern- voices of the people. How do you do We don’t have to speculate. It is not ment almost as if by default? that? The only way that has ever hypothetical that maybe, kind of, sort Mr. CRUZ. I thank my friend from worked is a tidal wave of outpouring. It of, possibly if you vote for cloture Utah for that very fine question, and I is what we saw with drones, it is what ObamaCare will be funded and the wish to thank the American people for we saw with guns, and it is what we House of Representatives’ continuing doing exactly what Senator LEE just saw with Syria. But here it has to be resolution will be gutted. We know asked—for over 1.6 million Americans bigger. It has to be bigger than any of that because HARRY REID has an- signing a national petition to defund those three. Why? Because the resist- nounced it. So any Republican who ObamaCare. ance is more settled in. The Demo- casts a vote for cloture is saying: Yes, You want to know why the House of cratic side of the aisle, the party loy- I want HARRY REID to have the power Representatives voted overwhelmingly alty is deeply entrenched. to do that, and then I will vote against on Friday to defund ObamaCare? The I hope by the end of this week we see it once it no longer matters, once it is answer is simple: Because the Amer- some brave Democrats who show the a free symbolic vote. I don’t think ican people rose and demanded it. At courage James Hoffa of the Teamsters those kind of games are consistent the end of the day, the House of Rep- showed. We haven’t yet. I hope that with the obligation we owe to our con- resentatives is the people’s House. I sa- changes. I hope by the end of this week stituents. lute the House conservatives who we see a lot more Republicans, even I made reference to the IRS employ- fought and fought hard to get this Republicans who are not up in 2014 but ees union asking to be exempted from done. I salute the House leadership. I who may have some chance by the next ObamaCare, and the union sent a letter salute Speaker BOEHNER for listening election cycle the voters will have for- where they asked their members please to the people. gotten. I am not convinced of that, but send. I want to read that letter. This is

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6800 CONGRESSIONAL RECORD — SENATE September 24, 2013 prepared, presumably, by the union Mr. RUBIO. Would the Senator from economy and to the aspirations of indi- bosses at the IRS employees union. Texas yield for a followup question vidual Americans. But overriding all of Dear Leader REID and Leader PELOSI: without yielding the floor? this is the central concern that I find Interestingly enough, this letter is Mr. CRUZ. I am happy to yield for increasingly on the minds of people. directed to the Democratic leaders. another question without yielding the Let me describe it. floor. I know that as a country we are di- When you and the President sought our Mr. RUBIO. First an observation. It vided on a lot of issues. Look at the support, you pledged that if we liked the polls. Look at the elections. I know the health plans we have now, we could keep is interesting how much times have them. Sadly, that promise is under threat. changed around here. If a decade ago country is divided on a lot of impor- you were to tell someone you were tant issues. That is why this body and By the way, who is saying this? The tweeting on the Senate floor, that Congress are struggling to find con- IRS employees union, the people in would not be a positive thing. People sensus on many of the major issues we charge of enforcing ObamaCare on us, would think that meant something confront. the American people. else. But let me tell you what I believe is Right now, unless you under the Obama ad- The world has changed a lot, and I still the unifying principle that holds ministration enact an equitable fix, the ACA think the Senator highlighted earlier our Nation and our people together. will shatter not only our hard-earned health in some of the speeches given here That unifying principle is the belief benefits, but destroy the foundation of the that anyone who is willing to work 40-hour workweek that is the backbone of what a positive development that has the American middle class. been. It wasn’t so long ago that in hard and sacrifice should be able to get ahead, the idea that if you are willing I think this letter I am reading may order to be able to do something in pol- itics, to make a difference, to mobilize to work as hard as you can and make not be the IRS employees union; it sacrifices, you should be rewarded for may be, in fact, the Teamsters letter. I people to take action, you needed the benefits of the formal organizations that with a better life. am going to set that aside and see if we By the way, when we talk about a can get the actual IRS union. It is a that existed. You needed groups or the establishment—or whatever term peo- better life, it is not a guarantee that great letter. I may read it again in the you will ever be a millionaire or a bil- course of this discussion. But I don’t ple want to use—to get things done. But one thing that has really com- lionaire, but it generally means the think that is the IRS letter since it is ability to find a job that is fulfilling, signed by James Hoffa. I am pretty pletely changed American politics is that anybody can become a political helps you feel like you are making a confident that was not the IRS employ- difference in the world, a job that al- ees union. activist now. Because of access to so- cial media, because of access to lows you to do something you love for Instead, let me read another note a living, and a job that pays you Facebook and Twitter and Vine and from a constituent. But don’t trust me; enough money to do things like buy a Instagram and all these other pro- don’t trust any politician on what is house, provide a stable environment for grams, anyone can now take action and happening on ObamaCare; trust the your family, and save so your kids can speak out. Anyone can now connect people. go to college and so that you can retire with like-minded people halfway across A constituent from Spring, TX, wrote with dignity and security. on April 12, 2013: the country or halfway around the As a people, we are unified in the be- world and begin a cause. lief that it is unfair that people who My late husband worked for the same com- In many respects, that is what I pany for over 40 years. Because of are willing to work hard and sacrifice, think you see happening in this coun- ObamaCare, this year that company decided as the vast majority of Americans it would no longer offer supplemental insur- try now. There is a lot of talk about are—it is unfair when people who are ance to Medicare. The program I was forced how Washington has changed, how willing to do that cannot get ahead, into has increased my monthly premium by there are things happening now that when those people are held back. We almost $100. Not only that, but the prescrip- didn’t used to happen before. I am con- tion plan has increased the drug plan—a ge- have been told our whole lives that if vinced that one of the reasons is be- you work hard, if you sacrifice, if you neric one at that—by 30 percent. cause people now have access to things Ridiculous. This body—Democrats go to school and graduate, if you do all that are happening in real time and these things, you will get ahead, that and Republicans—needs to listen to the they have the ability to speak out on people. Together, we must make DC this is that kind of country. these things in real time. But now people are starting to won- listen. It used to be that you had to turn on der if that is still true. Across this Mr. RUBIO. Would the Senator from the TV at 6:00 in the evening or 6:30 to country increasingly people are start- Texas yield for a question without watch the evening national news. Not ing to wonder, that which we know as yielding the floor? anymore. News is reported on a the American dream, is that still alive? Mr. CRUZ. I am happy to yield to my minute-by-minute basis. Even as I They want to believe it still is. They friend from Florida for a question with- speak now, there is someone out there believe in America, but they are start- out yielding the floor. covering it, there are people out there ing to wonder if that formula I have Mr. RUBIO. My first question is, saying something about it. By and outlined—hard work and sacrifice lead What did the Senator do last night? large, it has been a positive develop- to a better life—if that formula still Mr. CRUZ. I thank my friend from ment because it has empowered indi- works. Why are they wondering that? Florida for that question. I had a de- vidual Americans from all walks of life It is not hard to understand. They are lightful night. I had a chance to read not just to be aware of what is hap- working hard. They are working harder Bastiat, Rand, and read some tweets. pening in this Capitol but to engage in than they ever have. Look at median There are few things more enjoyable it, to speak out, and to be heard. At the incomes in America. Look at the peo- than reading tweets. And I hope that end of the day, this Republic depends ple who feel as if their lives have stag- the Senator and I and Senator LEE and on that—on an informed citizenry who nated. They are working hard. They many other Senators who participated is also able to speak out on the issues are sacrificing. Not only are they not in this—I hope we have had some posi- of the day and communicate with the getting ahead, sometimes they feel as tive impact on moving this debate for- people who work for them. if they are falling behind. ward and making clear to the Amer- Let me tell you what I hear from the Put yourself in the place of someone ican people both the train wreck, the people I work for in the State of Flor- who is 56, 57, 58 years old and worked nightmare that is ObamaCare, in the ida. I hear tremendous concern about their whole life at some company or in- words of James Hoffa, the president of the future. We focus a lot around here dustry. Suddenly, they are laid off and the Teamsters, but also that right now on specific issues, and we should. The they can’t find anyone to hire them. too many members of this body are not national debt is a crisis. Our Tax Code They were getting ready for retire- listening to the American people, and is broken. Our regulations are out of ment. Now they don’t know when that the only remedy for that is this week control. We are talking about is ever going to happen. the American people demanding that ObamaCare right now, which has been Put yourself in the place of a stu- we make DC listen. hugely detrimental to the American dent. You graduated high school. While

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6801 your friends were out playing around, slipping backward instead of moving big powerful country, but it is no you were studying so you could get ahead. longer an exceptional one. That is what good grades and get into a good school. There is a growing sentiment in this is at stake in all these debates we are You did that. You went to college. country about these things. Let me tell conducting in this body. While your friends were out partying, you why that is so dangerous. What I What are the impediments? What is you studied. You graduated with a 3.5, just described to you is what we have creating these problems we are facing? 4.0. You went to grad school and grad- come to know as the American Dream. There may be more, but I have identi- uated from there as well. You did ev- There is this idea among the minds of fied three that I hope we will focus on erything that was asked of you. Then some that the American dream is a ma- more. you graduated, and you couldn’t find a terial thing, that the American dream The first, by the way, is societal job in your career field. And here is is about how much money can you breakdown. It is real. This idea that what is worse: You owe $30,000 or more make so you can own more things. somehow you can separate the social in student loans. That may be an element of it for some well-being of your people from their By the way, that is an issue I know. people, but the American dream is moral well-being is absurd. The social I know Senator LEE has confronted largely about being able to earn for well-being from the economic well- that as well. I had $100,000 in student yourself a better life. being—the idea that you can separate loans when I graduated. I grant you, it You can only understand the Amer- those is absurd. If you are born into a was a wise investment in my edu- ican dream by viewing it from a global broken family, the statistics tell us cation, but it was an anchor around my perspective. For those of us who were that the chances that you are going to neck for many, many years. My par- born and raised in this country, who struggle significantly increase. The de- ents were never able to save enough have lived here our whole life, who struction of the family structure in money to provide for our education, so don’t know anything else, sometimes it America, the decline of it, is a leading I had to do a combination of grants, is easy to take what I am about to tell contributor to poverty and educational work study, and student loans. When I you for granted. In most countries underperformance. came to the Senate, I still had those around the world, for almost all of The question for policymakers here loans. There were months when my human history and even today, it in Washington is what can we do about loan payments were higher than our doesn’t really matter how hard you are that? Can we pass laws that will make mortgage. willing to work and how much you are people better parents? Can we pass gov- So you look at these things and you willing to sacrifice. If you don’t come ernment programs that will make fam- understand what people around the from the right family, if you are not ilies better? The answer is usually not. country are facing. well connected, you don’t get into the But I can tell you what we can start Think about the small businesses. right schools and then you don’t get doing. We can start recognizing this is You used to work for someone. You into the right jobs. a real factor. This is not about moral- were an employee, and then one day Put yourself in that position for a izing. This is not about imposing our you decided: I can do this job better moment. Imagine now that you have religious views or values on anyone. than my boss can, so I am going to quit big hopes, big dreams, and big talent, This is a free country. You have the this job and I am going to risk it. I am and your hope is to do something with right to believe in anything you want going to take every penny I have ac- it. By the way, it doesn’t have to mean or believe in nothing at all. But you cess to, I am going to max out my cred- making a lot of money. Maybe you better believe this: It doesn’t matter it card, I am going to take out my life want to serve in philanthropy. Maybe how many diplomas you have on the savings, and I am going to open a small you want to make a difference setting wall. If you don’t have the values of business because I believe in my idea. up a foundation. Maybe you are an art- hard work and sacrifice and respect And I will guarantee that for most peo- ist or a musician. Whatever it may be, and perseverance and self-discipline, if ple who did that, those first years were imagine now being trapped with all you don’t have those values you are tough. This idea that you open a busi- that talent and unable to put it into going to struggle to succeed, and no ness and tomorrow you are on use. You would say that is unfair, and one is born with those values; no one. Facebook is usually not the case. Usu- I would tell you that was the human Those values have to be taught and ally you struggle those first few years. condition up until 200 years ago every- they have to be reinforced. Oftentimes, people fail in business two where in the world, and it is still the One of the things that made America or three times before they finally suc- human condition in many parts of the exceptional, one of the things that al- ceed. globe today. The American dream is lowed the American dream to happen is Interestingly enough, as part of this that here that is not true. Here, we be- that in this country we had strong fam- process one of the most rewarding lieve that is wrong. Here, we believe ilies and strong institutions in our so- things I have been able to do is travel that is unfair. Here, we believe all ciety that helped those families instill the country and meet and interact Americans—Democrats, Republicans, those values in children. Today there with very successful people in business Liberals, Conservatives, everyone—we are millions of children growing up in and in life. It is amazing how many all believe it is unfair and it is wrong this country who are not being taught people you meet who—when you ask that someone should be prevented from these values because of societal break- them how they got started and how achieving a better life because of where down. We refuse to confront it at our they achieved, they usually focus on they come from, whom they come own peril. We better recognize it and all the times they failed before they from, or where they started out in life. start acting on it as a nation because I achieved. They take pride in the strug- We believe that is unfair. We believe am telling you, children who are born gle because it means that they earned that is wrong. That is the American into broken families, living in sub- it, that they earned what they have. dream. That is us—the notion that you standard housing, in dangerous neigh- They take pride in that. should be able to achieve whatever you borhoods, with no access to health care But put yourself in the position of were meant to be, to be able to fully and with difficulty accessing good someone who went through all that, utilize your talents in whatever way schools, these kids have five strikes someone who started this business by you find meaningful, the ability to against them. They are going to strug- taking out a second mortgage on their have a career instead of a job, all these gle to make it unless someone address- home and literally came upon one Fri- sorts of things. es that, and we are losing an entire day when they didn’t know how they That is what we are on the verge of generation of talent because of it. We were going to make payroll or stay losing, in the minds of many Ameri- better address it in a way that is good open but somehow they persevered and cans, and that is supremely dangerous for the country and also good for those made it through, and now that business to the country. Why? Because I person- families. is open and functioning and yet it is ally do not believe there can be an The second issue, I would tell you, struggling. And they are wondering— America as we know it without the that is contributing to this is we have after all these years of hard work and American dream. Without the Amer- a significant skills gap in America. sacrifice, they feel as though they are ican dream, America is just another What that means is 21st century jobs

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6802 CONGRESSIONAL RECORD — SENATE September 24, 2013 require more skills than jobs ever have. Here is the third, and it goes right to to function. The problem is the most Here is a graphic example. Go to the the heart of what Senator CRUZ from important thing government should do grocery store. I was there Saturday. Texas is dealing with here. The free en- in all of our policymaking decisions is There used to be 12 checkout lines. terprise system is the single great we must ask ourselves, before you do That meant 12 cashiers, right? Twelve eradicator of poverty in all of human anything—you pass a law, you create a cashier jobs. Now there are eight history. Free enterprise, American- new program—ask yourself: Will this checkout lines and the other four are style free enterprise, has eradicated foster the free enterprise system or these machines where you run the card more poverty than all the government will it undermine it? over the scan. That means those four programs in the world combined. You To answer that question, you have to or five cashier jobs are gone, right? want to wage a real war on poverty? first recognize how the free enterprise Yes, but those jobs have been replaced Encourage free enterprise. Why? Be- system works. What creates prosperity by the jobs of the people who installed cause free enterprise is an economic and opportunity? Here is what creates those machines, the jobs of the people system that rewards people for hard it. When someone invents something who built those machines, the jobs of work, sacrifice, and merit. Free enter- new, a new product, idea, or service, the people who maintain those ma- prise does not ask what did your par- when someone starts a new business or chines. A graphic example of the 21st ents do for a living? Who do you know? when someone grows an existing busi- century. The job has been replaced by a Where do you summer? Who do you ness, that is what creates opportunity new job, but the new job—to be a cash- hang out with over the summer? What and middle-class prosperity in the free ier you have to be trained on the site. clubs do you belong to? Free enterprise enterprise system, that is what makes My mom was a cashier. But to build, doesn’t ask that. Free enterprise wants upward mobility possible, that is what fix, and maintain those machines you to know what is your idea? Is there a allows people to climb out of where have to have a higher level of skills market for it? Are you willing to work they started in life and improve it and you have to learn in school somewhere. hard and sacrifice and persevere? If you leave their kids even better off—when Too many people don’t have those are, there is no guarantee, but if you people innovate, when they invest by skills. We have to fix that. For the life are, you have a real opportunity to starting a new business or expanding of me I don’t understand why we stig- make it. You want to know proof that an existing one. matize career education in America. that works? I have 200-some-odd years As policymakers, every time we There are kids who don’t want to go to of American history to show you. It make a decision around here, if you Harvard or Yale. They don’t want to go works. want to help the middle class, the peo- for a 6-year degree or a 7-year degree In fact, it works so well that other ple who are trying to make it, make program. They want to fix airplane en- countries are trying to copy it in their America the best place in the world to gines. They want to be electricians and own version. Why are there millions of innovate, to start a new business or to plumbers. Those are good-paying jobs. people in China today that just a gen- expand an existing business. We need those people. We should be eration ago lived in deep poverty and Do you want to know what is wrong teaching kids to do that while they are now are consumers in the middle class? in America today with our economy? still in high school so they can grad- Why? Is it because they headed even Look no farther than a series of gov- uate with a diploma in this hand and a more in the direction of communism or ernment policies—by the way, pursued certificate that makes them job ready because they opened their economy to by both political parties, although my in the other. We should do that. free enterprise principles? The same is opinion is I have not seen anything Beyond that, our students today, true in Brazil, Mexico, India, all over like the last 6 years—but a series of many of them are nontraditional stu- the world. What are the countries that policies that have undermined the free dents. They are not just 18- or 19-year- are finding increased prosperity and enterprise system, policies that make olds who just graduated from high growth in the middle class doing? They it harder, not easier, to start a busi- school. There, for example, a single are inching toward free enterprise, not ness, to expand an existing business, mom is working as a receptionist at a away from it. and to innovate. dental clinic somewhere and she is the Does that mean there is no role for Chief among them right now before first one to get laid off every time government? No, of course there is a us is what the Senator from Texas has things go wrong. How can she improve role for government. There is an impor- been talking about all night— her life? By becoming an ultrasound tant role for government. It provides ObamaCare. That is why we are pas- tech or becoming any of these other for our national security. It is hard to sionate about this. If you watch the paraprofessions you find in medicine. grow your economy when you are news a little bit, you would think this But to do that she has to be able go to under attack. It provides for internal is all because it is President Obama’s school. How is she going to do that if security. You know, it is hard for peo- idea and the Republicans are against it she has to work full time and raise her ple to invest in an economy if they because it is his idea and that is what kids? We have to answer that. Whether don’t know there is a court system is happening here. That is absurd. I it is online programs or flexibility in that is going to enforce property certainly have an ideological objection study or programs that give you credit rights, if they believe crimes will go to the expansion of government. But for life experience and work experi- unpunished. my passionate objection, at least why I ence, we have to answer that. We believe in a safety net. Free en- am on the floor here today and why We have to also address workers who terprise doesn’t work without a real Senator CRUZ is on the floor all night, in the middle of their lives have lost safety net—not as a way of life. You it is not because of ideology or theory, their job, a job that is never coming cannot live your whole life on welfare it is the reality that this law is going back. They need to be retrained. By the and food stamps and disability unless to hurt real people. It is going to hurt way, the traditional college route will you are truly disabled. That is what real people. I have met those people. I still be the ticket for upward mobility the real safety net is there for. It is have talked to those people. If you for millions of Americans but better there to help people who cannot help have been to a Walgreen’s lately you figure out how to pay for it because themselves and it is there to help peo- know those people, too. right now you have kids graduating ple who have fallen to stand back up Why? Because Walgreen’s has an- with $30,000 and $40,000 around their and try again. We believe in a safety nounced that because of ObamaCare it neck and that is going to prevent them net—not as a way of life but as a back- has to get rid of its insurance program from starting a family, buying a house, stop to make people feel the confidence that its employees are generally happy and moving ahead. We had better fig- that they can invest in the future. with. That is why they are still work- ure out why it is that every time more What else should government be ing there, right? Now they get thrown aid is made available to these students doing? As I have talked about—na- into the great unknown. it gets gobbled up by these tuition in- tional security, infrastructure, the Here is the problem with that. Imag- creases. We better address that prob- roads and bridges we build in this coun- ine if you are chronically ill or imagine lem and we better address the skills try. It is not a jobs program but it does if you have children and you have this gap. create the backbone for the economy preexisting relationship with a doctor.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6803 They know your history. You can call great choice program. It is not perfect. So if you are a multibillion-dollar them when you need them. They are There are ways to improve it, but it is corporation, a powerful labor union or responsive. That is why you are going a program on Medicare that basically a billionaire, you can come and hire there all these years. Now you get allows patients on Medicare to sign up the best lawyers in America and they thrown on this new insurance program in a managed care system that man- will help you figure out the loopholes and the doctor is not on the plan any- ages their care but for that, it adds ad- in those laws. Let me tell you what more. In fact, what we are hearing ditional benefits to their package. My else you can do: You can hire the best from these new exchanges that are mom is a Medicare Advantage patient. lobbyists in Washington to help you being set up is one of the ways we are I can tell you the outcomes are gen- get those loopholes written in. going to lower costs is limit our net- erally better than for people who are in You may not be shocked to know works: less doctors, less hospitals. the fee-for-service system and the serv- this, but in politics, sometimes busi- That is how we are going to save some ices they offer are valuable. nesses use government regulations and money and make these things afford- In my mom’s case she needs trans- laws to give them an edge over their able. That is what we are going to put portation to and from doctors’ visits. competitors and to keep other people people into? So all of a sudden these That is one of the services the Medi- from coming into their industry and doctors you have been going to these care Advantage Program provides. competing against them. It happens be- years, you cannot go to them anymore? ObamaCare takes money out of Advan- cause in big government that is pos- That is wrong. That is hurting real tage. You would think they are taking sible. Big government always helps the people. money out of Medicare Advantage to people who have access to power be- How about this for an example. Imag- shore up the finances of Medicare be- cause they are only ones who can af- ine now these small businesses I have cause it is going bankrupt. No, they ford to navigate it. So if you are a met. I know the Senator talked about are taking the money out to fund major corporation or major labor this, Senator CRUZ. I met a restaurant ObamaCare. union, you can either deal with the im- owner—we had a small business meet- So what is going to happen prac- pacts of ObamaCare or you can work to ing here a couple of months ago—from tically is that at some point here over get an exemption or a waiver or what Louisiana. He testified. He has great the next few months, beneficiaries on ideas. He has calculated that there is a have you from it. Medicare Advantage are going to get Who can’t? I will tell you who can’t. market for him to open a new res- letters in the mail and those are going The person trying to start a business taurant. He owns a chain. He wants to to inform them of services they were out of the spare bedroom of their home. open one more. He is not going to be- once receiving and are no longer re- By the way, I met someone like this. cause of ObamaCare, because the costs ceiving. They weren’t at a Starbucks, they were create uncertainty about the future for With all the uncertainty created by at a Dunkin’ Donuts. They were using him, because he is worried about trig- ObamaCare, is it making America the the free wi-fi, and that was their busi- gering mandates he cannot calculate easiest place, or an easier place, to ness. They were in the corner of the for. start a business? No. Does ObamaCare Dunkin’ Donuts, and that is where they You may say he is a business owner, make it easier to grow an existing started their software business. Do you he already has X number of res- business? Absolutely not. Does think they can comply with the com- taurants, why does he need anymore? ObamaCare encourage innovation in plicated rules and regulations? They Some people would actually say that. the marketplace? Of course not. On the can’t. It is not him we are going to worry contrary, it undermines innovation in ObamaCare will force people either about. He would be the first to tell you medicine. It undermines advances in to go underground in their operations I am going to be OK. Who is not going medical technology that have added or not do it at all. It is not a question to be OK? If you open that new res- years and quality to the lives of mil- of why ObamaCare will fail, it is an ex- taurant, he was going to hire 20 or 30 lions of people. new people. There are 20 or 30 people in This thing is a complete disaster, and ample of why big government fails, and Louisiana right now who could have now we are being asked to take the it is not fair. It is not fair for people in had a job, a job that could have helped taxpayer dollars and pour more money this country who are willing to work them to provide for their family, a job into this broken thing? Of course we hard and are willing to sacrifice. It is that could have helped them to pay for are passionate about being against not fair that we are making it harder their school. Those jobs are not going that. So I go out across the State of on them through government policies to be created. That is just one example. Florida, and everywhere I go I have being pursued. There are multiple examples. people who voted for the President tell- By the way, ObamaCare is not the How about this one? How about if ing me this thing is hurting them. only one. We have a broken Tax Code. you are a part-time worker now. The This is not a partisan issue. There If I asked you: Please design for me a backbone of our economy can never be are Democrats who are hurt by this. Tax Code that discourages people from part-time work, but there is always a There are supporters of the President investing money and growing their place for part-time work. I worked part being hurt by this. businesses, you would give me the U.S. time before. I think the Senator has Earlier this evening—I lost track of Tax Code today. We have to fix that. talked about when he had to work part when it was—Senator CRUZ read letters Our regulations are completely out of time before. Others have. There is a from the Teamsters Union and from control. There is no cost-benefit anal- place for that in our economy. Pri- other unions across the country. We re- ysis at all. These people write regula- marily it helps young people and retir- ceived news that the union rep- tions here in Washington, and no one ees. For young people, it helps them to resenting IRS workers who are in ever asks the question: How many jobs work their way through school. Imag- charge of enforcing this law through will this destroy? How many jobs will ine, now, if you want to work your way the fines or the tax—or whatever they not be created because of this? No one through school because you don’t want decided to call it—want to be exempted asks those questions. They measure to owe $50,000 in student loans and you from it. They don’t want it to apply to the theory behind what it might do, are in central Florida and you work for them. such as the environmental benefit and Sea World and right now maybe you By the way, all these exemptions the societal benefit, but no one ever are working 32 hours a week part time that people are begging for—whether it does the cost-benefit analysis. There is and using the rest of the time to go to is Members of Congress or IRS employ- no employment impact statement at- school. But here comes ObamaCare so ees or unions—is shining a light on this tached to these laws. Think about the now Sea World has announced instead reality. Big government always bene- absurdity of that. of 32 hours we are going to move you to fits the people who have access to Here we are with a huge number of 28 hours. That is real money. That is power. That is true everywhere in the people dropping out of their search for real money. That is hurting real peo- world. Why? I will tell you why. Big jobs, a huge amount of underemploy- ple. government always writes a lot of reg- ment, a vast majority of the new jobs Here is one that doesn’t get a lot of ulations, rules, and has a lot com- being created are part-time jobs, and attention. Medicare Advantage is a plexity. we are passing regulations that make

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6804 CONGRESSIONAL RECORD — SENATE September 24, 2013 it harder for people to create jobs and The debt is not an accounting problem. but it requires us to act. It requires us opportunities. It is crazy. The regula- Why? First of all, it is a moral prob- to reform our Tax Code, not as a way of tions are out of control. lem. raising taxes but as a way of creating We are going to deal with the debt. In Never in the history of this country new taxpayers through economic about 6 or 7 days the debt limit debate has a generation of Americans said to growth. It requires us to deal with reg- is going to come up. They want to raise their kids: Guys, we are going to run ulations. it again. The President said: I am not up your tab and you figure out how to By the way—and I think the Senator negotiating on this. Let’s just raise it pay for it later. We have never had that from Texas would agree with this— again. Never mind the fact that he happen in the history of the United ObamaCare, as much as anything else, stood on the floor of this Senate less States, but that is what they are doing. is a massive authorization to write a than 10 years ago and said that raising It is wrong. But it is more than that. bunch of rules. It is not just a law, it is the debt limit back then was a failure This is not just about what taxes will a bunch of regulations that are hurting of leadership. be 50 years from now on our kids, this job creation, discouraging investment, Now things have changed because a is about the jobs that are being de- and discouraging people from starting $17 trillion debt is no longer pressing in stroyed right now. a new business or expanding an exist- his mind, and that is problematic. Let’s go back to the simple equation ing business. We have to fix that, and Why? Is the debt just an accounting of how jobs are created. Jobs are cre- we have to deal with the debt. problem? That is how they talk about ated when someone invents something All of these issues have to be dealt it on the news. They talk about the or when someone starts a new business with. None of them get easier to fix as debt as just an accounting problem. or expands an existing business. People time goes on. They all get harder and They say: They just spend more money look at this debt and say they are more disruptive. than they take in, but if they only going to have to deal with that debt I don’t know how the Senator from raised more taxes on richer people, one day through a debt crisis. They are Texas did this for 18 hours. I am al- they would pay off the whole thing. going to have to raise taxes, make dis- ready tired. I guess I will just speak personally. That is not true, guys. ruptive changes in the government in The one issue that makes me so pas- If we took every penny away from the future. They are not encouraged sionate about all of this in its sum people who made over $1 million this about investing in the future now be- total—I often wonder what would my year, it doesn’t even make a dent in cause they are fearful about the uncer- life would have been like if America this. Any politician who says: All we tainty provided by the debt. They are had never existed. What if in 1956 there have to do is raise taxes and the debt is fearful. wasn’t a place my parents could go to under control is lying to you—period. So there are jobs right now that are where people like them had a chance The sooner we confront the debt, the not being created. Right now there are for a better life? I doubt very seriously better off we will be as a people. The jobs in America that do not exist and whether I would be standing on the debt is growing because we have impor- were not created. They were going to floor of the Cuban Senate. There isn’t tant government programs that are be created but were not created be- one now. structured in a way that is not sustain- cause of the national debt. I can’t imagine what my life would able. They spend a lot more money We are going to have a debate in a be like if America never existed. If God than they take in, and it only gets few days about it. The attitude from a had not given my parents the oppor- worse from here. lot of people around here is: Of course, tunity to come to the one place on Medicare, Medicaid, and Social Secu- we have to raise the debt limit, and we Earth where people like them—born rity are important programs. My mom should not do anything about it. I into poverty and little formal edu- is on two of them. I would never do stood on the floor of the Senate—my cation—actually had a chance to build anything to hurt her benefits or people chair was back there in 2011—and I a better life. like her and that is why I am so pas- said: When are we finally going to deal I think about the millions of people sionate about reforming them. Those with this thing? Well, 21⁄2 years later out there trying to do what my parents programs are going bankrupt, and we and we are still not dealing with this and Senator CRUZ’s parents did—what are going to have to deal with it. We thing. so many of our parents did, by the way. cannot continue to spend $1 trillion This complaisance and lack of emer- The great thing about this country is more than we take in and not deal with gency about these issues is puzzling. when you tell your story, everybody it. The problem is the longer we wait You know what my fear is? My fear is has one just like it. We are all the de- to deal with it, the harder it is going to that we fast forward 50 years into the scendants of go-getters. be to deal with it. future and historians are going to Every single one of us is the descend- It is no different than medical condi- write that the country was falling ant of someone who overcame extraor- tions, right? Think about this for a sec- apart, they were destroying the free dinary obstacles to claim their stake ond: Is there any disease or medical enterprise system, the American dream on the American dream. They over- condition that you know of that is was crumbling, and these guys stood by came discrimination or poverty. In easier to treat the later you catch it? and did nothing. many cases they overcame this evil in- Is there? Is there any medical condi- That is what I feel is happening right stitution of slavery. This is who we are tion that is easier to fix the longer you now. It feels like the horror movies as a people. We are all the descendants wait to deal with it? Of course not. where you scream at the screen: Don’t of go-getters. What are doctors always talking to us go in that room. Don’t do it. But they I think about how that has changed about? Early detection. do it anyway. In some ways, every- the world. There is literally no corner It is the same with the debt. The thing we are facing with the debt and of this planet that you cannot go to longer we wait to address this issue, ObamaCare is similar to a horror where you will not find people who feel the harder and more disruptive it is movie. We know how it ends if we stay frustrated and trapped. I cannot tell going to be to solve it, and that is what on this path. We know what happens in you how many times I meet people is driving our debt. People want to the horror movie if they open the door. from abroad who disagree with all sorts focus on other things such as foreign The bad guy is on the other side. of things that America does. Yet they aid. They say: Cut foreign aid. That is It is the same thing with the issues have a begrudging admiration for it. less than 1 percent of our budget. That we are facing. We know what happens You know what that admiration is is not what is driving our debt. It is not if we continue on the path we are on rooted in? That someone just like them even defense spending. now—we decline as a nation. The sad who came from where they come from, Are there ways to save money in de- part is that doesn’t have to happen. is doing extraordinary things. They are fense contracting, of course there is, There is no reason the 21st century doing things they never could have but that is not the driver of the debt. cannot also be an American century. dreamt of in the Nation of their own The driver of our debt are these There is no this reason the next gen- birth. unsustainable programs that if we eration of Americans cannot be the I think we should all ask ourselves: want to save them, we must fix them. most prosperous people who ever lived, What would the world look like if

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6805 America was not exceptional? What if ford, and less choices in hospitals and plan does not include them. That is the America was another rich country in doctors included in those exchanges. last thing people need, and that is what the world with a big military and some This is a disaster all the way around. they are going to get. That is wrong power, but it wasn’t special? What By the way, while these exchanges are and it is unfair. would the world be like? The answer is: being set up, people may ultimately be I will close with this, and I alluded to The world would be more dangerous, getting a notice from their employer it earlier. I hope we will do everything less free, and less prosperous. So when that they are going to reduce their we can to keep America special, to we debate the future of our economy— hours or maybe even their job. So that keep it the shining city on the hill, as and in many ways we are debating the is why this is a fight worth having. Reagan called it, because as I outlined future of the world. It is interesting to see it—Senator earlier, I think the future of the world If America declines, I want you to CRUZ has not had a chance to see it be- depends on it, the kind of world our ask yourself this: Who replaces us? The cause he has been here—but it is inter- children will inherit depends on it. United Nations replaces us? Really? esting how the news covers all of this. I think it is important to remind us Who replaces us? China? China doesn’t Political reporters—and they have a that America has faced difficult cir- even care about the rights of their own job to do—always cover this through cumstances before. In fact, every gen- people. Why would they care about the the political angle: Who is going to eration of America has faced some rights of people anywhere else? Who re- win? Who is going to lose? If this is a challenge to what makes us excep- places us? Russia? Who replaces us on college football game, who is the win- tional and special—every single one. the world stage? ner and who is the loser on the score- They were different, but they were If America declines, who will inspire board and all of that kind of thing? challenges. This country had a Civil people around the world to seek not They love to talk this up, and there is War that deeply divided it. This coun- just freedom but economic oppor- a place for that. People aren’t shocked try lived through a Great Depression. tunity? Who will stand as proof that it to know there are politics around here. This country lived through two very is a lie to tell people they can’t This issue is so much deeper than painful world wars. This country had to achieve? Who will stand as an example that, though. It really is. There is not confront its history of segregation and that that is not true if America de- a lot of attention being paid to that. I discrimination and overcome that. It clines? think we should, because it is having had a very controversial conflict in The one thing that will lead quickest an impact on real people in a real and Vietnam that divided Americans to America’s decline is not simply the powerful way. All of this attention against each other. debt or taxes or these unconstitutional being paid, if we watch the news among In the midst of all that, it had to violations we see on a daily basis. The the political classes, the process: When wage a Cold War against the expanse of communism. We forget, but there were quickest way to decline is to under- are they going to vote? Who is going to many commentators in the late 1970s mine the American dream and lose our win the vote? Who is going to vote and early 1980s who would ask Reagan, identity as the one place on Earth which way? Why don’t you accept the fact—not where anyone from anywhere can ac- That is fine, guys. I understand that just Reagan, but anybody—we have to complish anything. That is the fast is part of this process and we all enjoy accept the fact that Soviet expansion track to decline. That is why we are so watching it from time to time, right? is here to stay. That was a real threat. passionate about ObamaCare. It is a di- What they are missing is the why. Why Again, it is easy to forget that, but rect threat to the American dream. is someone willing to stay up all that was the way the world was just 25 The irony of it is that ObamaCare night—two people, basically, willing to years ago. was sold as a way to help the people stay up all night to speak about this? Every generation of America has had Why are people willing to fight on this who are trying to make it. How was it to face challenges and confront them, issue? Why are so many Americans sold to people? Here is how it was sold and every generation has. Not only against it? The why. No one is asking to people: If you are working class, if have they solved their problems, every the why. The answer is because it is you are poor and you can’t afford generation has left the next better undermining the opportunity for up- health insurance, the government is off—every single one. Now it is our ward mobility. That is why. We are not going to provide you with health insur- turn. ance. Tell me the truth. That is what a fighting here against the President; we We have a very important choice to lot of people perceived this to be. If are fighting for people—for people who make, and it is a pretty dramatic one. they don’t have insurance now, this is voted for us and people who will never We will either be the first generation of going to allow them to now have insur- vote for us; for people who voted for Americans to leave our children worse ance—maybe for free, if not at a very Mitt Romney and for people who voted off or our children will be the most low cost. By the way, anyone who al- for Barack Obama—for real people; prosperous Americans who have ever ready had insurance, this wasn’t going people who may never agree with us on lived. It is one or the other. There is no to hurt them at all. That is how it was any other issue, but they are going to middle ground, in my mind, on that. sold. That is how it was sold to people: be heard about ObamaCare. People When we debate the future of this This is going to be cheap, easy-to-get who, as we speak here, are about to health care law and ObamaCare, we are insurance for people who are strug- wake up, get their kids ready to go to debating that question. gling. school, put in 8 to 10 hours at work, I am reminded of the story of the I understand why someone who is come back home, try to make dinner Star-Spangled Banner and how it was struggling to make it would look at it while they make sure their kids are written. I was reading it this morning. as something that is appealing. Guess doing homework, put them to bed. By During the attack on the fort, it was what. That is not what it is. People the time all that ends, they are ex- hard to imagine that after that bom- who have existing health insurance hausted, and they have to get up and bardment the United States could sur- right now, many of them are going to do it all over the next day and the next vive. After that bombardment the no- lose it. When they told us we could day and again the next week. The last tion was there is no way they are going keep what we had, they were not tell- thing these people need is another dis- to make it through the night. But that ing us the truth. People who were told ruption in their life. The last thing next morning when the Star-Spangled this is going to provide them access to these people need is to go to work to- Banner—when that flag was hoisted, cheap, quality health insurance, guess morrow and be informed: I am sorry, when it was raised, it was a signal to what. I can’t tell people what they are but we are cutting 4 hours out of your the British and the world that this idea going to get because it doesn’t exist work week. I am sorry, but we are of freedom and liberty had survived. It yet. But theoretically, on October 1, changing your insurance plan, so that is interesting how time and again that people are going to have a chance to doctor you have been taking your asth- idea has been tested, both in external sign up for one of these exchanges and matic child to or that doctor you have and internal conflict. My colleagues here is what I predict we will find: less been going to for your pregnancy, you may not realize this, but when the Sen- choices, a higher price than we antici- are not going to be able to see them ate is in session, the flag is up. So, usu- pated, perhaps higher than we can af- anymore because this new insurance ally, when I am walking in early in the

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6806 CONGRESSIONAL RECORD — SENATE September 24, 2013 morning to the Capitol, there is no flag that story and it is very meaningful, so me that perhaps one of the great philo- up at 5 in the morning because there is I thank him. sophical conundrums with which we nobody here. I didn’t have my TV on Secondly, Senator RUBIO talked must all wrestle is whether ObamaCare this morning, but I looked over at the about how the political reporters have is more like Jason or Freddy. That, in- Capitol and I said, My goodness, the been focusing predominantly on the deed, is a difficult question. You can flag is still up; these guys are still game, on the political process. He is put forth a powerful argument for talking. I am glad they are, because right, I haven’t seen any of the news Jason because ObamaCare is the big- what is at stake is the future of our coverage; we have been here on the gest job killer in this country and country, economically in ways just as Senate floor so I don’t know what the when Jason put on his hockey mask dramatic as those challenges we faced coverage is. But what he reports and swung that machete, there was at the inception of the Republic. This doesn’t surprise me because that is the carnage like nothing else. On the other debate is not just about whether a pro- nature of political reporting in Wash- hand, we could make a powerful argu- gram named after the President will ington. So I am going to make a re- ment for Freddy, because as James stay in law; this debate is about a pro- quest directly to those reporters who Hoffa, the president of the Teamsters gram that undermines the American are covering this proceeding—those re- said, ObamaCare is a nightmare. It is a dream, about the one thing that makes porters who are reporting this pro- nightmare for the men and women of us special and different from the rest of ceeding—to endeavor to have at least America. the world, and if there is anything half of what they say be focused on the While the Senate slept, the men and worth fighting for, I would think that actual substance of this debate, on the women of America didn’t get a respite is. If there is anything worth fighting fact that ObamaCare is a train wreck from the nightmare that is causing for, I would think the American dream that is killing jobs, that is forcing them to lose their jobs, never getting is worth fighting for. I think remaining more and more Americans to part-time hired, causing them to be forced to be exceptional is worth fighting for. work, that is driving up their health reduced to 29 hours a week, driving up I think after its history of poverty insurance premiums, that is causing their health insurance premiums, and eradication, the free enterprise system more and more Americans who are jeopardizing their health care. is worth fighting for. I think as some- struggling to lose their health insur- The only way they get a respite from one who has directly benefited from ance. My real request would make all that nightmare, the only way we stop— the free enterprise system, I personally of the coverage to be on that, but I there was a movie ‘‘Freddy Vs. Jason.’’ have an obligation to fight for it. I know that is too much to ask. But I am I forget. They fought each other. I for- hope we will all fight for it not just on going to suggest if all of the coverage get even what happened in that movie. this issue but in the debate to come or most of the coverage is on the polit- But the only way we stop Jason and/or next week. This is what this is all ical process, on this personality or that Freddy is if the American people rise about. personality, or who is up or who is up in such overwhelming numbers that I will close by asking the Senator down, or how this impacts the 2042 the Members of this Senate listen to from Texas, as I highlight all of these Presidential election, I am going to the people and we step forward and challenges we face, is this issue, at the suggest two things. No. 1, that is not avert this train wreck, we step forward end of the day, about us fighting on be- doing the job you have stepped forward and avert this nightmare. half of everyday people who have no to serve and do. All of us have a job. Those are three observations I want- voice in this process, who can’t afford Those of us in this body elected to ed to make at the outset. Then I want to hire a lobbyist to get them a waiver, serve have a job to listen to the people to make two more. I would note, Mr. who can’t afford to hire an accounting and to fight for the men and women of President, as you know well, the rules firm or a lawyer to handle all of this America, but those of you who serve in of the Senate are curious at times. complexity? At the end of the day the the media have a job to report to the While I am speaking, I am not allowed rich companies in America are going to men and women of America what is to pose a question to another. I am al- figure this out. They may not like it, happening, and not just on the political lowed to answer questions, but not to but they can deal with it. They game. pose a question to another Senator. shouldn’t have to, but they can. The Secondly, I want to say, if you just But there is no prohibition in my ask- people we are fighting for are the ones report on the personalities and polit- ing a rhetorical question to the body, who cannot afford to navigate this. ical gains, you are taking sides on this which may, in turn, prompt Senator I ask the Senator from Texas: Isn’t issue. Why is that? Because those who RUBIO to ask a question of his own and this what this is all about? want to keep ObamaCare funded, those to comment perhaps on the rhetorical Mr. CRUZ. Mr. President, I thank the who want, on Friday or Saturday when question I might raise. Senator from Florida for his inspired cloture comes up for a vote, for Mem- The rhetorical question I would raise comments and for his question. He is bers of this body to vote for cloture, to to the body—and I have two I want to absolutely right. This fight is about give HARRY REID the ability to defund ask—but I want to start the body whether hard-working Americans get ObamaCare with 51 partisan Democrat thinking about Senator RUBIO’s family the same exemptions and the same ben- votes, they want all the coverage to be story. And listen, I am inspired by Sen- efit President Obama has given big cor- about the personality, about the poli- ator RUBIO’s story every time I hear it. porations and Members of Congress. tics—about anything, anything, any- I am inspired. Part of it is because his I wish to respond to the inspirational thing other than the substance. So if family, like mine—we share many remarks of Senator RUBIO by making you choose to cover just the personal- things in common. His parents, like my five comments, the last two of which I ities and the politics, you are doing ex- father, fled Cuba. His father was a bar- think may well be likened to Senator actly what some partisans in this body tender. My dad washed dishes. His RUBIO who will be inspired to ask a would like, and that is, I am going to mother, I believe, cleaned hotel rooms, question in response to it. suggest, not responsible reporting. I if I remember correctly. My mother The first point is a very brief one, know each one wants to be a respon- was a sales clerk at Foley’s Depart- which is to simply thank the Senator sible steward of informing the public, ment Store. from Florida for telling that story and it would strike me that the debate The question I would ask the Cham- about the flag. I will confess as we we have had here impacts people’s lives ber is: What would have happened if stand here a few minutes before 7 a.m., in a way that nobody gives a flip about when Senator RUBIO’s parents came I am a little bit tired. Senator LEE is the politicians involved. from Cuba, when they arrived here, if probably a little bit tired. I will tell A third observation about Senator ObamaCare had been the law of the my colleagues, the image of the dust RUBIO’s question, when he compared land? What would have happened to his clearing, the smoke clearing, seeing ObamaCare to a horror film, I enjoyed father and mother as they sought that the Star-Spangled Banner waving that comparison. In fact, in my mind, I job as a bartender, cleaning hotel under the rockets’ red glare, that vi- heard the music from ‘‘The Shining’’— rooms, if we had an economy with stag- sion is inspiring and I appreciate it. It not ‘‘The Shining,’’ from ‘‘Psycho’’ in nant growth, where jobs were not was very kind of the Senator to tell the shower scene. And it occurred to available, and they were not able to get

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6807 hired? What would have happened if very successful company or whatever. achieve for us what they did because of they had been lucky enough to get that It does not work that way. My parents free enterprise. job and their hours had been reduced struggled. They were very discouraged To answer the Senator’s question forcibly to 29 hours a week against those first few years. My dad bounced about the impact of ObamaCare, any- their wishes? What would have hap- from temporary job to temporary job. thing that would undermine free enter- pened if they had faced the economic My mom was hurt in an accident mak- prise would have undermined those calamity for working men and ing aluminum chairs at a factory. She hopes and those dreams. And women—for those struggling—that is cut her hand. ObamaCare is undermining it. ObamaCare? I wonder—I have thought They struggled. Those first years I cannot say for certain what would many times about what would have were tough. But they persevered, and have happened. But here is a possi- happened to my parents. I know it what ended up happening was my fa- bility. ObamaCare could have encour- would have been catastrophic in our ther found a job as a bar assistant, ba- aged the hotel they worked at to move family. But I wonder how it would have sically, on Miami Beach. Then eventu- employees from 40 hours to 28 hours, impacted the Rubio family if ally, through hard work, he was pro- hire two bartenders part time instead ObamaCare had been the law when Sen- moted to bartender, and then one of of one. That would not have been good. ator RUBIO’s parents came to this coun- the top bartenders at the hotel. It was ObamaCare could have led them to hire try seeking the American dream. not going to make him rich, but it two cashiers at the Crown Hotel in Would it have benefited them or would made him stable. Miami Beach instead of one—two part- it have harmed them? By 1966, 10 years after they had ar- timers like my mom. That would not (Mr. MANCHIN assumed the Chair.) rived, they felt so confident in the fu- have been good. Even beyond that, be- Mr. RUBIO. Will the Senator from ture they bought a home. Five years cause ObamaCare is cutting people’s Texas yield for a question without los- after that, they were so confident that hours all over the country, because ing the floor? even though they were both over 40 ObamaCare is keeping people from get- Mr. CRUZ. I am happy to yield for a years of age, they had me and then my ting hired all over the country, because question without yielding the floor. sister a year and a half after that. ObamaCare is costing people their jobs Mr. RUBIO. I heard the rhetorical The Senator asked the question rhe- all over the country, I suspect the question the Senator posed to the torically to the Chamber—and I am number of visitors to that hotel would body, and it involved a direct question going to answer it—what would it have have been diminished. about how my family would have con- been like if a program such as this When you lose your job, when you get fronted those challenges, so let me would have been in place? But it is not moved from full time to part time, the back up and talk about that for a sec- just a program such as this. It is not next move you make is not to get on ond because while it is my family—and just ObamaCare. It is all the other an airplane and go on vacation. The I always refer to it—the reason why I things the government is doing. To an- next move you make is to scramble to got in politics and my view of the swer that question, I have to focus on make up the difference. That is called issues of the day are all framed why they had opportunities to begin personal discretionary spending, and through my upbringing, as all of ours with. people do not do that when they are are. You cannot escape where you come Why was my dad able to raise our uncertain about tomorrow. ObamaCare from or what you were raised around. family working as a bartender at a would have made many Americans un- It influences the way you view the hotel on Miami Beach, and then in Las certain about tomorrow. It is going to world and the way you view issues, and Vegas, and then back in Miami? Be- make many Americans uncertain about the experience my family had has in- cause someone who had access to tomorrow. The bottom line is, it would fluenced me. money risked that money to open that have directly and indirectly harmed I earlier talked about the student hotel. That was not a government-run my parents’ aspirations for themselves loans I once had. I paid them off last hotel. That hotel existed because peo- and our family. year, by the way, with the proceeds of ple who had access to money—I do not Here is what is troublesome. There a book, which is available now in pa- know if they borrowed it; I do not if it are millions of people in this country perback, if anyone is curious. But any- was their own; I am not sure of the his- today trying to do what my parents way, all joking aside, when I wrote tory behind it—but someone with ac- did. If you want to find them, walk out that book, it required me to go back cess to money said: Instead of leaving of this building and walk three blocks and learn a lot more detail about my it in the bank or investing it in an- to the nearest hotel and you will meet parents. Because like anybody else, other country, I am going to risk this them there. They clean the hotel when you grow up you listen to your money and open and operate this hotel. rooms. They serve food at the res- parents talk and you kind of repeat it The result is the jobs my parents had taurants. They cater the banquets, as to other people, but when you are existed. did my dad or the gentleman or the growing up and you are in a hurry, you But that is how you open a business. lady standing behind that little port- do not always have time to sit down How does it continue? How does that able bar serving drinks at the next and listen to the details. This actually business survive? It survived because function at which we speak. They are forced me to go back and learn details Americans—after they were done pay- right down the street. about their lives. ing their taxes and all their other They are in the halls of this building. What ended up happening is I ended bills—had enough money left over in You will meet them. They have a little up meeting and discovering two people their pocket to get on an airplane and vest on. You will see them with a little whom I never knew. I knew something fly to Miami Beach or to Las Vegas and cart, cleaning the bathrooms and the about them. I had grown up with them. stay three or four nights at the hotel floors and providing an environment But I knew my parents in their forties where my parents worked. where we can work. These are people and fifties. I did not know them in The answer to the Senator’s question who are working hard to achieve a bet- their twenties and thirties. Sometimes is, the reason why my parents were ter life for themselves and oftentimes when you are young, you forget your able to own a home and provide us a for their children. These are folks, parents used to be young too. Some- stable environment in which we grew many of whom have decided: I am times you forget that when they were up was because free enterprise works. going to sacrifice and work a job so my your age, they had their own dreams Free enterprise works. It encouraged children can have a career. and their own hopes and their own as- someone with access to money to open I cannot tell you how many of the pirations. And they certainly did. those hotels, and it left enough money people who work in this building I have It reminds me, as I learned about and prosperity in people’s pockets after talked to, such as the company that these stories, I learned that when they they paid their bills and their taxes so caters our lunches or are in the cafe- came to this country, it was not an in- they could take a vacation and go to terias here. I cannot tell you how many stant success. The immigrant experi- hotels where my parents worked. With- of them have said to me the reason ence rarely is. You do not just get here out people in those hotels, there is no why they are working these jobs is be- and a week later you are running a job for our parents. They were able to cause they hope one day their children

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6808 CONGRESSIONAL RECORD — SENATE September 24, 2013 can do something such as stand on the American story is the story of people history. For most of its history, gov- floor of this Senate. who have succeeded and want others to ernments did not view it that way and I say to Senator CRUZ, that happens succeed as well. That, by the way, is peoples did not view it that way. They to be our story. That happens to be the one of the fundamental differences be- always viewed that there had to be a American story too. We forget that tween the view of big government and winner and there had to be a loser. One some of the greatest heroes in the the view of free enterprise. Big govern- of the things that made us really American story are not the people who ment believes that the economy cannot unique is that we never viewed it that have been on the cover of magazines. really grow, and so what we need gov- way. In America we have viewed it as Some of the greatest heroes in the ernment to do is divide it up among us. you can be a winner and I can be a win- American story are not people who Right? The economy is a limited thing. ner. We can both benefit from each have had movies made about them. There is only so much money to go other, because that is how free enter- Some of the greatest heroes in the around, so we need the government to prise works. American story are not the famous step in and make sure the money is dis- In free enterprise you need your cus- people who are on CNBC being inter- tributed fairly. That is what we are tomers to be well off. You need your viewed all the time about how success- going to use taxes for. That is the view customers to be doing well economi- ful they are. They are heroes too. But big government has. cally. You cannot afford to bankrupt some of the greatest heroes in the What makes America different is we people by raising your prices because American story are people you will rejected that. We said that is not true. then they cannot buy stuff from you. It never learn about, about whom books We believe in free enterprise, and free is all interrelated. Last year during the will never be written, whose stories enterprise believes the economy can al- campaign there was this big debate will never be told. Some of the greatest ways continue to grow bigger. about job creators, whether or not you heroes in the American story are peo- That means if you are successful you realize it. Every time you go shopping ple who have worked hard at jobs— can stay successful, and other people at a department store you are a job back-breaking jobs, difficult jobs—so can become successful as well. What creator. Every time you order some- their children can have careers. makes America special is that free en- thing on the Internet you are a job cre- I want you to think about what that terprise believes you do not have to ator. Every time you spend money in means. Think about reaching a point in make anybody worse off in order to our economy you are a job creator. your life when you realize, you know make someone better off. That is dif- Some people open a business. But what, for me, this is about as far as I ferent from the rest of the world, and it every American is a job creator be- am going to be able to go—because of works. cause in the free enterprise, the better age, because of circumstances—but I remember growing up, especially off you are the better off we are. And now the purpose of my life will become when I lived in Las Vegas. There were we can all be better off. That is not the making sure all the doors that were not a lot of—back then, especially, direction we are headed. That is one of closed for me are open for my children. there were not a lot of family friendly the things that they are trying to in- Imagine that. Because that is what things to do on the weekends. One of fluence in this debate on ObamaCare. millions of people are living right now. the things we used to do—my parents They are trying to argue that this is an It is not that they are not talented, liked to do this—they would drive us effort to deny people something. Not it is not that they are not smart, ex- through the nice neighborhoods with true. This is an effort to protect people cept they are 45 or 40 or 46, and time is the nice houses. I remember Liberace’s from something, especially people that running out on them. But what Amer- house was in Las Vegas. It was one of are vulnerable to this. I repeat; I am ica is going to give them a chance to do the nice houses. telling you that I have talked to a lot is, it is going to give them a chance to They would drive us through these of successful people, people that are open doors for their children that were neighborhoods and they would show us making a lot of money or have made a closed for them. these houses. When we looked at these lot of money. They do not like They are not going to be able to houses they would not say to us: Look ObamaCare but they are going to be leave their children trust funds. They at the people living in those houses, fine with it. They are going to deal are not going to be able to leave their look at how much money they are with it. They can afford to deal with it. children millions of dollars. They are making. That is unfair. Right? They They do not like it. They are going to not going to be able to leave their chil- are making all that money, and that is have to make decisions in business dren a home even. But they are going why we are struggling. The reason why that they do not want to make. But to be able to allow their children to in- we live in a small house is because peo- they are going to figure out how to herit their unfulfilled dreams and ful- ple like them live in big houses. deal with this one way or the other. fill them. They did not teach that to us. On the At the end of the day, they are going There are millions of people in this contrary. Do you know what they used to be fine with whatever we do. They country who are trying to do that right to say to us. Look at what these people are not going to be the ones who are now. There are people who work in this accomplished through hard work and going to be hurt by this. The ones who Capitol who are trying to do that right sacrifice. That can be you if that is are going to be hurt by this are the now. There are people working within what you want. Look at what these people who are trying to make it, the blocks of here who are trying to do people were able to do. That can be people whose hours are going to be cut, that right now. ObamaCare is going to you. whose jobs are going to be slashed, who make it harder for them to do that. It That is the difference in some ways are going to lose benefits that they are is ironic because ObamaCare was sold between us and the rest of the world. happy with. as a plan to help people like that. In- We have never been a place of class Sadly, because they are so busy with stead, because it undermines the free envy and class warfare. We have always their lives, working and raising their enterprise system, it is hurting them. pointed to these stories as an example kids, they may not realize why all of Many of those people who are being of what you can do as well. We cele- this is happening until it is too late. So hurt may not have realized it yet. I brate success in America. It inspires us the question the Senator posed to the think the job of leadership is to explain because we know it is not a zero sum body was a very insightful one. It goes the consequences to people. But in the game. We know that you can be suc- to the heart of what this debate is end, I feel as though we have an obliga- cessful and I can be successful. We about: Who are we fighting for? What tion to fight on their behalf. I feel as know that you can have a successful are we fighting about? though we—especially those of us who business and I can have a successful I fear that too many people that are are a generation removed from that ex- business. covering this process think this is all perience—have a special obligation to We know that in order for me to be about an effort to keep the President fight for that. more prosperous I do not have to make from accomplishing something that he The American story is not the story anyone less prosperous. That is a big feels strongly about. Not true. This is of people who have made it and then deal, because that is not the way the an effort to fight on behalf of people say: Now everyone is on their own. The world has functioned for most of its who are going to be hurt badly. This is

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6809 an effort to fight on behalf of people dishwasher in the room who does not That describes a great many in the His- who do not have the influence or the look over and think: I wonder if some panic community but there are others power to fight here for themselves. day my daughter, my son, could be in who are not necessarily in that cir- That is why we are here. This is an ef- the Senate. cumstance. fort to fight on behalf of people who What an extraordinary statement. Do In the United States there are right are trying to do what my parents did. you know what. If we were in almost now approximately 2.3 million Hispanic This is an effort to fight on behalf of any other country on earth you could small business owners. The Hispanic the people who are trying to start a not say that. In most countries on community is tremendously entrepre- business out of the spare bedroom of earth, if you are not born into a family neurial. There are roughly 50 million their home—probably in violation of of power and prestige and influence, Hispanics in the United States. That the zoning code, but they are trying to you have no chance whatsoever of serv- means roughly 1 in 8 Hispanic house- do it. ing in a position of significant political holds is a small business owner. So the This is an effort to fight on behalf of leadership. Only in America. That is question I would pose, rhetorically, to the people who are working every sin- the opportunity this country is. I have the Chamber, is, what is the impact of gle day to achieve their full potential. no doubt of the inspiration it serves ObamaCare on the Hispanic commu- This is an effort to fight on behalf of every day when Senator RUBIO shares nity? What is the impact of the crip- people who are working hard at jobs his story. pling impact on jobs, of the punitive that are hard to get up for in the morn- I have no doubt also that Senator taxes, of the 20,000 pages of regula- ing to go do. But they are going to go RUBIO is right that if ObamaCare had tions? What is the impact on those 2.3 do it, because the purpose of their life been the law when his parents came million Hispanic small business own- is to give their kids the chance to do from Cuba, when they were immi- ers? What is the impact on economic anything they want. grants, when they were looking for growth and achieving the American Do you how many people I know like jobs, when they wanted to support dream? What is the impact on the His- that? You cannot walk 10 steps in my their family and eventually their panic community, because I am con- neighborhood without running into young family when they had kids, that vinced there is no ideal that resonates people like that. The whole purpose of if they had not been able to get those more in the Hispanic community than their life, the singular focus of their jobs or if they had had their hours forc- the American dream, than the idea life, is to make sure that their kids ibly reduced to 29 hours a week so they that any one of us, regardless of who have a chance to do all the things they could not earn enough to provide for our mother or father is, regardless of never got the chance to do. Do you their children, to give them the food, where we come from, any one of us know how many people there are like to give them the education, to give through hard work and perseverance, that around this country? They depend them the housing that they needed, it through the content of our character on the jobs that are being destroyed by could have had a dramatic impact. can achieve the American dream. ObamaCare. They depend on the oppor- If ObamaCare had been the law, it The question I would pose: Has tunities that are not being created be- may very well have been the case that ObamaCare made it easier or harder to cause of ObamaCare. That is wrong. I Senator MARCO RUBIO would not be in achieve the American dream? How has hope we will be successful with this ef- the Senate right now, because it may ObamaCare impacted the Hispanic fort. have been that his parents would have community? Now, people are going to focus on struggled so much to make ends meet Mr. RUBIO. Would the Senator from how the vote is going to go down. This that they would not have been able to Texas yield? is not going end here, guys. We are not provide for him as a young boy the way Mr. CRUZ. I would yield for a ques- going to stop talking about this no they did, to give him the opportunities tion without yielding the floor. matter how the vote here ends up. We they gave him. He might not be here Mr. RUBIO. The Senator asked actu- are going to continue to do everything and our country would be far the poor- ally a great question. We talk about we can to keep this from hurting the er. people who are trying to make it. We American people because it undermines I know for me and my family, if my talk about the people who are working the essence of our Nation. dad had not had that opportunity to hard to sacrifice and to leave their The reason why I am so passionate get a job washing dishes for 50 cents an children and families better off. about this goes right to the heart of hour, if my mom had not gotten the A disproportionate number of people the question the Senator asked, be- opportunity to get her first jobs, there who are trying to do that find them- cause ObamaCare and big government is a very good possibility I would not selves in minority communities. You in general make it harder, not easier have had the chance to represent asked about the Hispanic community. I for people that are trying to do what Texas. live in a Hispanic neighborhood even my parents did to achieve their When you cut off opportunity for now. I live just blocks away from the dreams. those who are struggling to climb the famed Calle Ocho, 8th Street, in I think the question of Senator CRUZ economic ladder, it impacts for dec- Miami. goes to the heart of what this debate is ades. It does not just impact them, but If you have never been, I encourage all about. I would yield back to the their children and their children’s chil- you to come. The President visited an Senator to encourage him to continue dren. That leads to a second rhetorical establishment about 4 blocks from my to highlight the impact that this law is question that I want to ask the Cham- house, I think back in 2010 when he was having on real people and their real ber, but it would not surprise me if it in town campaigning for one of the lives, because I think it is going take prompts, in turn, a question from Sen- candidates. Literally, I mean literally, some time to break through the nar- ator RUBIO. every business, one after another after rative that this is all a big political That is, Senator RUBIO and I both another is a small family-owned or fight, that this is between the Presi- have the privilege of representing family-operated business. dent and his opponents. States in which there is a tremendous Every single one. It is the bakery, Whether this law was called Hispanic community. We both come next to the dry cleaner, next to the liq- ObamaCare or not, we would have to from the Hispanic community, were uor store, next to the grocery store, oppose it, because it is hurting real raised in the Hispanic community. We next to the uniform shop that sells uni- people who are trying to achieve the both have the great honor of rep- forms next to the gas station, next to American dream. resenting a great many Hispanics, he the banquet hall. It goes on and on and Mr. CRUZ. I thank the Senator from in Florida, me in Texas. on. I invite you to come down and see Florida for his answer on how the law Some of the discussion of the His- it. There is a Popeyes there, and you would have impacted his family. I will panic community focuses on his par- will find a McDonald’s. But even those say this: I have no doubt that at every ents, like my father, who were young franchises, by the way, are owned by gathering in every hotel where Senator immigrants struggling, who may not families. RUBIO speaks, there is not a bartender, speak English and who are on the first Literally, every business on 8th there is not a waiter, there is not a or second rung of the economic ladder. Street, on Calle Ocho, just blocks away

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6810 CONGRESSIONAL RECORD — SENATE September 24, 2013 from my house, one after the other to get out of that economy. There are ing Big Government and socialism. The after the other, is a small business. So no political freedoms in Cuba, but the countries that are providing middle- are all of my neighbors. economic freedoms are a disaster. class opportunities and upward mobil- I have a neighbor who runs an elec- It is because Big Government does ity are the countries that are embrac- tronic alarm company and another not work. Compare that to Chile, to ing more and more free enterprise. neighbor who runs a pool-cleaning Panama, to Colombia. Compare Colom- When you ask about the Americans business. I am just speaking about my bia to Venezuela, two countries living of Hispanic descent, these are the coun- neighborhood. That is the story of the next together. tries they came from. They came here country. A decade ago Colombia was caught in to get away from Big Government. Listen, there are very successful peo- a deep struggle with drug lords and Why is there a vibrant and growing ple, Americans of Hispanic descent, drug cartels. They still have problems Venezuelan community in Miami-Dade who started out as a small business and with the guerrillas and the FARC, County where I live? Because Big Gov- now are a big business and have been things such as that, but Colombia has ernment is destroying Venezuela. very successful too of course. It is sort turned things around. Why? Two Why are there over 1 million Cuban of like the rest of the population. It re- things; one, real leadership at the po- exiles living in Miami, New Jersey, and flects the concerns of whatever chal- litical level; and, two, free enterprise. concentrated in different parts of the lenges they are facing. They embraced free enterprise. country, including a sizable commu- But an enormous percentage of We have a free-trade agreement with nity in Houston, TX? Because they Americans of Hispanic descent also Colombia. There is prosperity in Co- came here to flee, not just Big Govern- happen to be people who are trying to lombia. Compare that with next-door ment, but the oppression that comes accomplish the American dream. Per- Venezuela, an energy-rich country, a from very Big Government, socialism haps the strongest burning desire you country that is rich with oil, a country and Marxism. will find in minority communities in that has natural resources and advan- Why do people cross the border from general—and in particular the one I tages that Colombia doesn’t have, Ven- Mexico and come into the United know best, the Hispanic community—is ezuela. They can’t even produce toilet States in search of jobs and opportuni- that burning desire to give their kids paper because Big Government failed. ties—because for a long time Mexico the chance to do everything they In fact, there has been a massive mi- didn’t embrace free enterprise policies. couldn’t. Maybe by the time you got gration of experts in the oil industry It is now increasingly—and what is here you were already into your late leaving Venezuela and moving to Co- happening in Mexico, a vibrant and twenties or early thirties. Because you lombia. Compare to Mexico. Mexico growing middle class, a sense of upward could succeed, there are many stories still has some challenges, but Mexico mobility. Every country has chal- of people who have come here at that has a vibrant middle class. There is a lenges. They have challenges in Mex- age and have accomplished extraor- real middle class in Mexico, and it is ico, but they are trying to turn it dinary things. They started in small growing. Look at the moves the new around and they are doing some good business, and before you knew it they President is making. They are not things to try to do that because they were being publicly traded. That is a going to open the oil industry there the are embracing free enterprise. The unique thing about it, Senator great part of the American story. We way we would do it in the United CRUZ, is that Americans of Hispanic de- celebrate that. States, but they are going to make scent, particularly those here in the But there are also countless people changes to the oil industry because first generation or the second, have who worked jobs their whole life. That they want to grow and they want to come here to get away from Big Gov- is what they end up doing. They create prosperity. ernment policies, because in countries worked those jobs so their kids could This holds great promise for our that have Big Government, you are have the opportunity to get ahead. country. Stronger integration between trapped. You are trapped. In countries That is a very prevalent story in the Canada, the United States, and Mexico that have Big Government, the people Hispanic community. is very promising. We can cooperate on that come from powerful families and Interestingly enough, the Hispanic all sorts of things from energy to secu- powerful enclaves, they are the people community is very diverse on a lot of rity issues. I think that holds great who keep winning. different things. Obviously, we have a promise. North American energy has In places where the government strong Cuban-American presence in the opportunity to displace energy dominates the economy, as is dis- South Florida, but we also have a sig- coming from unstable parts of the proportionately the case, and the coun- nificant presence from South America. world such as the Middle East. tries that immigrants come here from, My wife’s family is from Colombia. We But how is Mexico growing its econ- those are the places where the same have a very vibrant Venezuelan com- omy? What is Mexico thinking in order people keep winning. munity, by the way, coming to the to grow its economy and provide more The biggest company 50 years ago is United States to escape Big Govern- prosperity for its people. They are still the biggest company. The richest ment gone horrible. thinking about embracing more free family in the country is still the rich- They just posted—if you read this enterprise. est family. The President is the grand- yesterday—posted military officers at Look at the countries in Latin Amer- son and the son, over and over. the toilet paper factory in Venezuela ica that are succeeding: Peru, Chile, That is what Big Government does. It because they are not producing enough Panama, Mexico, Colombia. I hope I traps people in the circumstances of toilet paper. They think it is some sort am not leaving anyone out. These are their birth. of capitalist, imperialist plot to deny countries that are moving ahead. What happens if you are a talented, the people of Venezuela toilet paper. They have struggles and challenges, ambitious, and hard-working person They have now stationed troops at the and it is not a clear upward trajectory living in a country like that, frustrated toilet paper factory. because there are challenges in the and trapped? You try to get to the only This is a country where many of global economy, but they are moving country in the world where people like those who find themselves on the ahead. you even have a chance, the United American left love going down and ex- Look at the countries that are a dis- States. tolling the virtues of Chavez, about aster: Cuba, Venezuela, Bolivia, Ecua- We have millions of people living in how great a country it was. They dor, and Nicaragua. What is the dif- this country of Hispanic descent that can’t—well, let me not say on the Sen- ference? What is the starkest dif- experience that, that know what it is ate floor what they cannot do any- ference between these countries other like to live in a place where you are more—but they are struggling to pro- than perhaps the individual lunacy of trapped in circumstances of their birth. vide toilet paper for their people. some of these individuals in this coun- The reason why they love America is That is how Big Government works. try. What is the difference? because here they are not limited by If you want to see another socialist The difference is the countries that that. paradise, go to Cuba. The infrastruc- are failing and embarrassing their peo- I have said oftentimes—and I think ture is struggling and people are trying ple are the countries that are embrac- you would share this perception in the

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6811 story of your father, Senator CRUZ—it terprise system. It is the only system The same thing is true about Cuba. is true that immigrants impact Amer- in human history that allows people to People talk about, the workers’ para- ica. It is true they do. Immigrants im- emerge from poverty and into a stable dise. The funny thing about Cuba, the pact America, they contribute to middle class and beyond, the free en- rafts all go in one direction. America, they change America. terprise system. It is the only eco- In the decade since Fidel Castro But I promise you that America nomic system in human history that seized control and began brutally op- changes immigrants even more. You rewards hard work, sacrifice, and pressing the people of Cuba, destroying find that in the Hispanic community, merit, the American free enterprise that once great Nation I am not aware the impact that America has on immi- system. ObamaCare is undermining it. of a single instance since the day of grants once it opens opportunities for As I yield back to the Senator, is it that revolution of one person getting them. Long before my parents became not the case that what we are doing is on a raft in Florida and heading over to citizens, they were Americans in their not to stand against ObamaCare. We Cuba—ever. I am not aware of it ever heart. That is still true. You will still are fighting against the only system in happening. So if socialized medicine is find that out there in the Hispanic American history, American free enter- this oasis, if we are to believe the Mi- communities. You will still find people prise, where upward mobility is pos- chael Moores of the world in Holly- who understand how special this coun- sible for so many people. wood, one would expect Floridians to try is because of the opportunities it is Mr. CRUZ. I thank the Senator from be jumping on rafts. You know, that 90 giving them and their children. This is Florida for his passion, for his heartfelt miles, it crosses both ways. In fact, why I think they will and are starting commitment to opportunity and under- Floridians can probably get a better to understand how damaging this law standing. boat than they can in Cuba, but nobody may be. This is not about the rich and power- goes that way. They flee to freedom. If you watch Spanish-language tele- ful. We are rich and powerful. The rich They flee to America. vision, they are running these adver- and powerful are just fine with What gives freedom such vibrancy— tisements now, talking about sign up ObamaCare. Indeed, the rich and pow- you want to talk about what matters for ObamaCare, it is good for you. They erful are better than just fine with to the Hispanic community, you want are making it sound like this is going ObamaCare. The rich and powerful get to talk about what matters to the Afri- to be cheap and free insurance for peo- special exemptions. The rich and pow- can-American community, you want to ple. When you are working hard 10, 12 erful get treated better because they talk about what matters to single hours a day and not making a lot of are buddies with the current adminis- moms? It is the opportunity to work. It money, maybe your employer doesn’t tration. Big business and giant cor- is the opportunity to get a job. When provide health insurance and along porations get exemptions from we talk about what matters to young ObamaCare. Members of Congress get come these politicians telling you we people, it is the opportunity to start a exemptions from ObamaCare. are going to give you health insurance career and to move toward advancing Mark my words, if Congress doesn’t to providing for your family, to having cheap and free. It is enticing, but it is act to defund ObamaCare to stop this not what is going to happen. When peo- the dignity and respect of working to- train wreck before the end of the Presi- ward your dreams, toward your pas- ple realize that, not only are they dent’s administration, unions are going going to be upset, they are going to be sions, toward your desires. ObamaCare to end up getting an exemption from is stifling that, and that is a tragedy. livid. ObamaCare. It is going to be everyone When they go to work one day and It is a tragedy. And the only way it who is a political friend of the adminis- they tell them: Guess what. You are will stop is if this body begins to listen tration, has juice and has power, will to the American people. Together, we now a part-time worker, they are going get extensions. to be livid. When they go to work be- must make D.C. listen. The people who are left, you have Mr. ROBERTS. Mr. President, would cause they are working part-time be- nothing to worry about unless you the distinguished Senator from Texas cause of where they go to school and don’t happen to have several high-paid yield for a question? they lose hours, they are going to be Washington, DC, lobbyists on your Mr. CRUZ. I am happy to yield for a livid. staff, unless you happen just to be a question without yielding the floor. When they go back to work one of Hispanic entrepreneur, a single mom or Mr. ROBERTS. How is the Senator these days, they may be working at a hard-working American trying to doing? one of these places where they have provide for his or her family, then Mr. CRUZ. I thank the Senator from health insurance, as over 70 percent of maybe you will have something to Kansas. And I will tell the Senator, I Americans do, and they are happy with worry about. But you are not going to am doing fabulous. I am inspired and I it. All of a sudden they found out: You get the exemption because what the am motivated by the American people. know that health insurance you have, Senate has been saying to you is ex- Mr. ROBERTS. I saw a black car that is not our health insurance any- emptions for everybody else but not for down there in the parking lot with a more. You have to go on this Web site hard-working American families. Texas license plate, and I figured that and shop for a new one. I believe if it doesn’t apply to every- was the Senator’s. Didn’t see him in it. If they go on the Web site today they one, it should apply to no one. The Everybody was wondering as they got can’t shop for anything. It isn’t set up Senate shouldn’t be picking and choos- up this morning, after listening to the yet. They are going to be livid. ing winners and losers and who are the Senator last night, whether he would When we talked about defending peo- favored political class. still be standing, but here he is. I ap- ple who are trying to make it, people The Senator from Florida talked preciate this. who are working hard to persevere and about Cuba. Some, particularly in Hol- I think the thing I appreciate the move ahead, I think that is the epit- lywood, like to lionize Cuba as this most—and the question will follow, Mr. ome of what you will find in the His- workers’ paradise, but I would note President—is how the Senator has con- panic community in this country. That Cuba has socialized medicine. Majority ducted himself because throughout the is the typical story of people who are leader HARRY REID has stated his in- night he has had some folks at least here. They are working hard to get tention that he believes ObamaCare making their point of view, which is ahead and they want their children to will lead, inevitably, to socialized med- obviously very different from his. have a better life than them. icine, to single-payer, government-pro- Sometimes folks in this body get a lit- There is only one economic system in vided health care. Some in Hollywood tle critical—arrows and slings—and al- the world where that is possible and have lionized Cuba as this workers’ though not necessary, those wounds that is the American free enterprise paradise. Yet I am reminded of a com- heal. But in each and every case of a system. ObamaCare directly under- ment President Reagan said in the person who has brought a different mines it. If for no other reason we midst of the Cold War. point of view, the Senator has very should repeal ObamaCare because it The funny thing he said is if you go deftly and very skillfully, acting like a undermines the free enterprise sys- to the Berlin Wall and look at the Ber- Senator, respected their point of view. tem—the single greatest eradicator of lin Wall, the machine guns all point in Not once did I see him do anything poverty in human history, the free en- one direction. else.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6812 CONGRESSIONAL RECORD — SENATE September 24, 2013 I gave up about midnight, by the There were 73 amendments consid- ting down the Affordable Health Care way, my wife about 11. She fell asleep. ered—73; this last farm bill, only about Act with a lack of funding. We could But I thank the Senator for that. I 10, probably less than that. Senator only do that partially because a lot of thank him for being truly senatorial THUNE had very key amendments, Sen- it gets in with taxes, and that is the and basically doing what Senators do; ator JOHANNS had very key amend- mandated funds we allegedly can’t that is, respect everybody’s point of ments, Senator GRASSLEY had key touch. But would the Senator please view. amendments, and I, the former chair- list about two or three amendments he I especially liked the comment of man of the House agriculture com- would like to offer. BERNIE SANDERS, whom I also like. You mittee, the former ranking member, I think I would like to see the med- wouldn’t know it, but he does have had some key amendments. All of the ical device tax repealed, but, again, quite a sense of humor. A different senior members on the agriculture that is one of those mandatory things point of view but very honest about it. committee, all of us who had contrib- we have to deal with in the Finance So I thank the Senator for that. uted to that process were locked out— Committee, of which I am a member. If the Senator wants breakfast, if he sorry, it is over, no amendments. What But let’s get on the positive side of this is about ready to sit down, I will be is that all about? and say: OK, if the Senator had the op- happy to buy him breakfast. But we We have a one-person rules com- portunity to offer amendments and ev- will let that go. mittee in this Senate. And if there is erybody else had an opportunity to The other thing I want to ask is how anything I am upset about, it is the offer amendments—and the Senator does the Senator feel coming here as a lack of ability and the lack of oppor- has spent a great deal of time here new Senator and knowing how the Sen- tunity for the Senator from Texas or overnight. What was it—2:40 in the ate used to operate and knowing that Kentucky or Kansas or anybody else in afternoon? That is what they keep in the Senate I came to, every Senator, this body to offer an amendment. flashing on the news. Quite frankly, I on an important issue, had the oppor- So here we are—what is it—5 days was listening to Ray Price singing tunity to offer an amendment. It could away from the law that says: Pre- ‘‘For the Good Times,’’ and I flipped be germane or it could not be germane. scribed by law, these exchanges and ev- over to FOX News, and there you were But for the last 5 years that has not erything that has anything to do with again. I thought, my Lord, there he is, been the case. There have been a few the unaffordable health care act is still standing and still talking. exceptions when we have had what is going to take place. And the Senator So give me just about three amend- ments the Senator might offer. We called regular order. Folks back home has demonstrated time and time again, shouldn’t do more than three things don’t know what regular order is, but with every allegory one can possibly because people forget about it after it is the way the Senate used to oper- come up with, how this is a train three. ate. It is the difference between the wreck. There is one other thing I want to Senate and the House. It is the reason Yesterday afternoon, when the Sen- mention. I got a lot of derision and a ator started—well, it was in the I left the House and ran for the Senate, lot of criticism when this bill was first evening—I came to the floor and said: because I wanted to have that oppor- passed. I serve on the HELP Com- Look, isn’t it worth the fight, isn’t it tunity to be an individual Senator. mittee—Health, Education, Labor and Last year I made a reference to the worth the effort—and the Senator is Pensions. We spent a great deal of time farm bill, which has somewhat some- making the effort, and I appreciate on this bill. I had three amendments to thing to do with what the Senator is that so much—knowing this is the prevent rationing by the rationing talking about because it involves the first, second, and third step—skip to board. Everybody says they are not ra- ability of America to feed not only us my Lou, my darlin’—going right into tioning, but they are. So those deci- but a very troubled and hungry world. socialized medicine? And who says sions are not being made by the patient Of course, food helps your health, obvi- that? Well, let’s start with the Presi- and doctor, they are being made by ap- ously, but you show me a country that dent; then the Secretary of Health and pointed bodies or we can use the term cannot feed itself and I will show you a Human Services, Kathleen Sebelius; ‘‘bureaucrats.’’ That is usually a pejo- country that is in chaos. So we do farm then NANCY PELOSI in the House; and rative term. At any rate, I was upset, bills. They are much maligned. Right then the distinguished majority leader and I said: We are riding hell for leath- now not too many people even care here saying: Yes, we want a single- er into a box canyon, and there are a about them, but they are terribly im- payer system. lot of cactuses in the world. We don’t portant. And farmers and ranchers now A single-payer system means na- have to sit on every one of them, but, see no certainty out there because, like tional health care; it means socialized by golly, we are. We are about to do the health care law, at the end of this medicine; it means, as the Senator has that. And I had some other allegories fiscal year the farm bill is going to ex- pointed out during all of this rather we use in Dodge City, KS, and I had a pire, and they wonder what on Earth unique and incredible time he has few marine stories to tell, and then I we are doing. We are in a perfect taken before the Senate, the govern- got derided even on national news: Oh storm. ment pays for it, which means we all my gosh, here is this cowboy from In the last farm bill—not this one, in pay for it and premiums go up and the Dodge City. I am not. I am an old news- the last farm bill—in talking to the insurance companies have a heck of a paper person. majority leader—whom I affectionately time and there will be exactly what the At any rate, I am in here saying we call Smoking Joe because he is a fan of Senator has described in Cuba. I am are going into a box canyon only to boxing and Joe Frazier—I said: We can hoping it won’t be that bad, but at find out four or five other people now do this in 21⁄2 days. And the chairperson least he has pointed it out. have referred to it as a box canyon. We of the committee, Senator STABENOW, So my question to the Senator is, are in it. Everybody understands what also obviously weighed in, but we did after all of that rambling rose, a box canyon is, and we have to ride the farm bill in 21⁄2 days. That was a wouldn’t it be nice, wouldn’t it be in out. So when we are riding out, what record. the best interests of this body, are we going to do, I would ask the The first amendment on the farm bill wouldn’t it be in the best interests of Senator from Texas. Give me three was the amendment of the Senator Americans to open this Senate, go back amendments. from Kentucky dealing with Pakistan to regular order, and at least have an Mr. CRUZ. I thank the Senator from and saying no more aid to Pakistan opportunity to offer amendments? Kansas for his very fine question, and I until they freed that doctor who was Some of the folks who were some- will make a couple of general points very helpful to our intelligence com- what critical of the Senator said: Well, about the Senator from Kansas first, munity with regard to what happened what are you going to offer? and then I will answer his important with Osama bin Laden. What did that There are about five amendments I question. have to do with the farm bill? Nothing. would like to offer. I don’t know what I want to say that Senator ROBERTS RAND PAUL came to me and said: Do the Senator thinks the key amend- is an old lion in the Senate. He was you think we can get this amendment? ments are that he would like to offer as here last night, he was here this morn- I said: Yes. We have an open rule. a positive answer as opposed to shut- ing supporting us, and that is a big

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6813 deal. The Senator from Kansas is a re- the way I have endeavored to conduct our constituents, that shouldn’t trou- spected leader of this body, a gray- myself. ble you. If you are telling your con- beard, and, I would note, a very well- Senator MIKE LEE has always con- stituents what you believe and if you liked Senator. ducted himself with respect for the are voting your principles, there One point I will make about Senator views of others, not speaking ill of any shouldn’t be a vote you are afraid of. ROBERTS is that, in my humble opin- Member of this Senate—Republican or Votes are only problematic if you are ion, I think he is one of the two fun- Democrat. That is certainly what I trying to tell your constituents one niest Senators in the Republican con- have endeavored to do, and it is mean- thing and trying to do something else ference. I would say Senator ROBERTS ingful. in Washington. and LINDSEY GRAHAM both have a fan- Senator ROBERTS comments that it is What is the process that is supposed tastic sense of humor. his judgment we have had some mod- to play out here on this continuing res- Mr. ROBERTS. Will the Senator icum of success achieved. I would note olution and this continuing resolution yield on that point? that characterization is at least mildly to defund ObamaCare—to fund all the Mr. CRUZ. I will be happy to yield at odds with what one might think if Federal Government and defund for a question but not yield the floor. one simply read the New York Times. ObamaCare? Mr. ROBERTS. Well, the question is, If one read the New York Times, one We are told that, first, there is going some people are funny and some people would expect that perhaps I am leaning to be a vote on cloture on the bill to are humorous. I may be one of the over, biting my colleagues with bare shut off debate. If 60 Senators vote to most humorous, but Senator GRAHAM fangs. So I appreciate the observation do so, if Republicans cross the aisle and is truly funny. of the Senator from Kansas that, in his join HARRY REID and Senate Democrats Mr. CRUZ. I will note on that ques- judgment, we have not conducted our- in shutting off debate, we are told we tion that I can provide no response selves that way. The reason is simple: will get one amendment—apparently other than to say, as they say in math- The New York Times wants to spill drafted by the majority leader HARRY ematics, QED. That point is granted. But I will note that for the Senator gallons of ink on personalities, on peo- REID—and that amendment will fund from Kansas, as a respected senior Sen- ple, on politics, and on anything except ObamaCare in its entirety and will gut ator, to come and support this effort the substance. the House bill, will deliberately do it. and even more importantly for the I would have been perfectly happy if That is the stated intent. We are also Senator from Kansas to have the cour- not a single story coming out of this told that other amendments will not be age to disagree with party leadership ever mentioned my name. If every allowed. In the course of this discussion we and express a willingness to vote story just focused on: ObamaCare, is it have discussed a number of other against cloture—because doing so working or not? Is it helping the Amer- would allow the majority leader of the ican people or is it hurting? If every amendments, all of which I think would be terrific. One amendment the Senate, HARRY REID, to fund story simply said the Senate stayed in ObamaCare on a straight party-line session all night because ObamaCare is Senator from Kansas mentioned would vote with no input from Republicans— a train wreck; because ObamaCare is a be an amendment to repeal the medical takes courage. nightmare—in the words of James device tax. I would note that is an I guarantee you, it is noticed that Hoffa, the president of the Teamsters; amendment which we had a vote on in Senator ROBERTS is standing with us. because the American people are losing the budget process, and an over- It is noticed that Senator SESSIONS is their jobs or being forced into part- whelming majority of Senators in this standing with us. It is noticed that time work or are facing skyrocketing body voted for it. My recollection is Senator ENZI is standing with us. It is health insurance premiums or are los- nearly 80 Senators voted for it. Yet it one thing for the young Turks, it is one ing their health insurance, that is why didn’t pass into law because of the pe- thing for those who have been dubbed the Senate was here. So I would be culiarities of the budget process. So the ‘‘wacko birds’’ to be willing to thrilled if all of the coverage focused that is an amendment presumably stand and fight, but when we see senior on the substance instead of the distrac- that, if it were allowed, would be elder statesmen of the Senate standing tion that is the silliness that is the adopted. I would suggest that is per- side by side, I would suggest we are back and forth. haps the reason why it won’t be al- starting to see what I hope will happen Senator ROBERTS posed a very impor- lowed: because it would be adopted. this week, which is seeing Republicans tant question, and it went to process. Repealing the medical device tax unify. It went to how this proceeding is mov- would take one aspect of ObamaCare— I would like to see all 46 Republicans ing forward. the punitive, crippling tax that is ham- vote together on cloture on Friday or There used to be a time when this mering the medical device industry, Saturday, whenever that vote occurs. I body was described as the world’s that is driving medical device compa- would like to see all of us stand to- greatest deliberative body. I don’t nies out of business or near out of busi- gether and vote against cloture be- think anyone familiar with the modern ness, that is hammering jobs and that cause we say we can’t, in good con- Senate would describe it as that, be- is restraining innovation—that is re- science, with the commitments we cause this body doesn’t work anymore. straining medical device innovation. have made to our constituents, vote to This body is no longer a deliberative We know with certainty that if there is allow the majority leader to fund body. This body is now an instrument not innovation, if there is not research ObamaCare on a straight 51 partisan of political power used to enforce the and development, if there is not invest- party-line vote. I would like to see that wishes of the Democratic majority, ment in medical devices, there will be happen, and I would note that Senator both on the minority but more impor- new medical devices that aren’t discov- ROBERTS’ presence here at night and in tantly on the American people, dis- ered. There will be people whose pain is the morning is beneficial to making regarding the American people’s views not alleviated, whose suffering is not that happen. I hope it causes other re- and the American people’s concerns. alleviated, perhaps whose lives are not spected leaders in our party to give a So what are we told? In the Senate of saved. So that would be one of them. second thought that perhaps the divi- days of old there were two cardinal Another amendment I think we sion in the Republican conference is principles that were the essence of ought to have a vote on would be Sen- not benefiting the Nation or benefiting what it meant to be in the Senate: one, ator VITTER’s amendment to revoke the Republican Party. Perhaps it is not the right to speak; and, two, the right the exemption that President Obama, serving the interests of our constitu- to amend. For a couple of centuries contrary to law, unilaterally put in ents. any Senator could offer any amend- place for Members of Congress and Before I answer the question directly, ment on just about anything. That is their staff. Senator VITTER’s amend- that point is an important point to what made this process work, open ment would subject every Member of make—that the Senator’s support is amendments. Congress, every staff member, and the significant. Did that make a few people take political appointees of the Obama ad- I also wish to acknowledge Senator votes they didn’t necessarily want to? ministration to the exchanges just as ROBERTS’ very kind compliment about Yes. But if we are being honest with millions of Americans are going to be.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6814 CONGRESSIONAL RECORD — SENATE September 24, 2013 Indeed, I supported an amendment (Mr. DURBIN assumed the Chair.) kind of information, as opposed to giv- that some Republican Senators have Mr. ROBERTS. On that point, would ing it to the Federal Government with talked about that would expand Sen- the Senator yield for a question? all those different agencies with all ator VITTER’s amendment to all Fed- Mr. CRUZ. I am happy to yield for a sorts of opportunity for fraud, abuse, eral employees because our friends the question without yielding the floor. and virtually everything else. Democrats frequently tell the Amer- Mr. ROBERTS. There are six Federal I am sorry to get wound up on that, ican people what a wonderful thing agencies in the meta database that are but the Senator made an excellent ObamaCare is: Look at this tremen- involved in it. When I kept inquiring, point and I am trying to think of a dous benefit we are bringing the Amer- when the distinguished chairman of the question to make this legal. ican people. If it is so wonderful, then Finance Committee, Senator BAUCUS, Doesn’t the Senator think this is a the majority leader and the Demo- asked the representative from the Cen- trail we don’t want to go down? cratic Senators and the congressional ter for Medicaid and Medicare Serv- Mr. CRUZ. I thank the Senator from staff should be eager to get it if it is ices—CMS, referred to in the health Kansas for that excellent question. I such a tremendous improvement. If it provider community as ‘‘It’s a Mess’’— would like to make two points in re- is so wonderful, President Obama— and said, Who is the navigator? This is sponse, and I want to give an oppor- after all, his name is on the bill, before we understood that it was pretty tunity to the Senators from Kentucky ObamaCare in the popular vernacular— much all community organizers. There and Oklahoma who are both waiting, I should be eager to get—his political ap- are three basic organizations in Kan- believe, to ask questions, so I want to pointees who are forcing it on us sas, 1.5 million, and so they are out move expeditiously, allowing them to should be eager to get it and the Fed- there knocking on doors. do so. Before that, it is important to eral employees should be eager to get The problem is we don’t know what address the very good point the Sen- it. We all know they are not. people are signing up for, or they don’t ator from Kansas raised. We all know this exemption came know and I don’t know, and we have I would say as the first observation, after a closed-door meeting in the Cap- made all sorts of inquiries. there are at least three more amend- itol with the majority leader HARRY Finally I got the 16 pages that you ments that ought to be voted on in REID and the Democratic Senators have to fill out to be eligible to sign up connection with the continuing resolu- where, according to press reports, they and the 61 pages that you had to fill tion. One the Senator from Kansas sug- asked: Please let us out from under out then to be a member of the ex- gested is an amendment defunding this, because it will be so devastating, change. That got a lot of news. So they these navigators, defunding this slush we don’t want to lose our health care. reduced the number by simply reducing fund that is being used to basically I understand that. Look, I would not the font size from about 16-point or 12- fund liberal special interest groups in be eager myself to be on the exchanges. point down to 8-point. They said, Just the States, much like the stimulus, yet I am certainly not eager for my staff to read more carefully. I got to page 3. another plan that is used to write be on the exchanges. Many of them are I would not put down the information checks to groups that are little more very concerned about it. I may lose they wanted to know. There have been than political action groups. That very good staff over it. But I think stories about scammers who are look- would be a vote we should have. there is a broader principle, which is ing at these regulations or these signup Another vote we should have is a that different rules should not apply to sheets—no matter how big they are— vote to protect the privacy of our in- Washington that apply to the Amer- saying, Aha, if they have to give their formation. The IRS has created the ican people. If we are willing to subject millions Social Security number, I can call largest database in history of our per- of Americans to the exchanges, if we them and say it is the law and you are sonal health care information, and are willing to let people lose their going to have a lot of fraud and abuse. there has been report after report that health insurance, as is happening all Maybe the IRS can take a look at that. the protections and the privacy of over this country—take the UPS. UPS One other thing about the IRS. The cyber security are pitifully, woefully recently sent letters to 15,000 employ- Finance Committee in a bipartisan ef- inadequate; that there are identity ees saying you are losing your spousal fort—we haven’t held many hearings, thieves, that there are unscrupulous coverage. Your husbands and wives but we are getting closer and closer to characters getting ready to mine those who were covered are losing their cov- what happened with the IRS denying databases. erage. people First Amendment rights. I The Senator from Kentucky, who President Obama promised: If you would give a lot of credit to Senator shortly will ask a question, has been a like your plan, you can keep it. That HATCH and Senator BAUCUS working in leader on privacy. The idea of the Fed- has proven categorically wrong. a bipartisan effort. eral Government collecting personal A great many of those husbands and Along about November there is going information about all of our health wives who had health insurance may be to be quite a story. There is a V, and care and then putting it in one place forced onto these new exchanges with we have Lois Lerner here, and it goes so, A, the Federal Government can no employer subsidy. That is a lousy up here to the Justice Department and have it; and, B, if it is poorly secured, place to be. It is exactly the lousy it goes wider. We are getting a lot of anyone can break in and steal it. We place to be that Members, Senators, communications. We are not making a ought to have an amendment to re- and congressional staff are com- lot of hearings about it, not standing quire real protections for our privacy plaining, Don’t put us in that briar in front of the mirrors. So we will get before any of this goes online. patch. But if Congress is going to put there. Yet another amendment we ought to the American people in that briar But the Senator makes an excellent have is—the President has unilaterally patch, then you had better believe we point about the IRS. With all the prob- delayed the employer mandate. We should be there with them. And if we lems they have had over this denial of ought to have a delay of the individual don’t like it, the answer isn’t exempt First Amendment—not only to the tea mandate. I note the House passed that us, the answer is exempt the American party groups, conservative groups, but and a substantial number of Democrats people. If it is intolerable for us to en- pro-Israel groups and a whole bunch of voted for it. dure, it should be intolerable for the other groups, and they are still doing That went through 6 amendments American people. it. and I am pretty sure we could come up Another amendment I think we Consequently, the Senator has made with more. I note that earlier in the ought to vote on is an amendment an excellent point. Why on Earth evening I had an exchange with Sen- stripping the IRS of enforcement au- would we want the IRS to be in charge ator KAINE from the State of Virginia thority on ObamaCare. We have seen of your health care, not to mention who asked a question. I forget the the political abuses the IRS is capable five other agencies, in a huge database? exact terms of it, but to paraphrase, he of. I don’t know anyone who is eager to That information should be between said: Can’t we work together on im- have the IRS have the world’s largest you and your doctor, and you should proving ObamaCare, stopping it from database of our health care informa- have to break down the doggone doors being—he didn’t say this, but this is tion. in the dead of night in order to get that me saying it—to stop it from being this

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6815 train wreck, the nightmare, the dis- licans are willing. I would say what has need to debate. This is important for aster that it is? My answer was: Abso- to happen to change how this body op- the American people because this is lutely. We should fix it, we should have erates is that we must make DC listen. being portrayed as the Republicans are amendments, and I listed some of these Mr. INHOFE. Will the Senator yield obstructionists, that Republicans don’t we discussed now. The problem is, I for a procedural question? want to do this, Republicans don’t suggested to the Senator from Vir- Mr. CRUZ. I am happy to yield for a want to do this. ginia, you should address your concern question without yielding the floor. It is exactly the opposite. The Presi- to majority leader HARRY REID, be- Mr. INHOFE. Last night at 10 o’clock dent wants 100 percent of ObamaCare cause he is the one who is shutting I was privileged to be down here with as he wrote it, as the Democrats wrote down the process, saying the Senate is the Senator and we went over a lot of it, with no Republican input. So when not going to operate with open amend- things. Something happened this morn- we go around the country and people ment, we are not going to have an op- ing. I went home, I went to bed, I ate. say why can’t you guys get along, fig- portunity to improve it. I am back here now. ure out some way of making our health Let me make a final point. In terms The Senator from Kentucky has been care system better, it is because we are of the political theater that is Wash- waiting 40 minutes. I am not going to getting 100 percent of ObamaCare as ington, why does this matter right use his time, but what I would like to written by the President and it is his now? There are lost Republicans who do is this. Something happened after I way or the highway. would like votes on everything I said, left last night, after a statement I What he is talking about is really, and there is some virtue to getting a made having to do with Hillary health even though they say the opposite, he vote. But to be honest, many Repub- care. I want to share that with the Sen- wants to shut the Government down. licans are fighting to get that vote in ator. But I do not want to do it now on They salivate at shutting the govern- some context where it is purely sym- his time. Hopefully, if you are going to ment down. Over the last 3 months as bolic. They are real happy because be here at 9 o’clock I would like to get the Senator brought this issue forward, every Republican can vote together back in line and share what happened who has been talking about shutting and every Democrat can vote against last night after I left here. Is that all the government down? Has the Senator it, and then it can become fodder for a right? been talking about it? No. Have I been campaign ad. Mr. CRUZ. I thank the Senator from talking about it? No. We have been spe- Let me suggest a far better approach Oklahoma. I can tell him as I said at cifically saying we don’t want to do is to have these amendments voted on 2:30 in the afternoon yesterday that I that. Who talks about shutting the in a context where they can be passed intend to stand against ObamaCare as government down, nonstop, every day? into law. The continuing resolution is long as I am able to stand. At this The Democrats, the President, and that context. Everyone understands point I feel confident that at 9 a.m., I their liberal friends in the media. that at one stage or another. This is will still be able to stand. There will As I get to my question, what I want must-pass legislation. Everyone under- come a point when that is no longer to ask is about how we would fix it. I stands that we will fund the Federal the case, but we have not yet reached think Senator ROBERTS is right. The Government. We have to fund the Fed- that point. other side says they don’t have any an- eral Government. Nobody wants a gov- Mr. INHOFE. I appreciate the Sen- swers, they are not willing to fix ernment shutdown. ator from Kentucky allowing me to ObamaCare. The truth of the matter is We may get one if HARRY REID and come in front of him. we have been talking about this for President Obama force one, but nobody Mr. PAUL. Will the Senator from years now but we have been drowned wants it. So voting on it now in the Texas yield for a question? out by the ObamaCare I want every- context of this continuing resolution is Mr. CRUZ. I am happy to yield for a thing all the time, everything I want I different from a symbolic vote, a polit- question of the Senator from Kentucky am going to get. There are many fixes ical vote, because it actually could fix without yielding the floor. for our health care. these problems. It is not simply Wash- Mr. PAUL. There has been some dis- I am a physician and practiced for 20 ington symbolism. That is why I find it cussion. The Senator from Kansas re- years. I saw it every day. The No. 1 all the more striking that so many cently put this question forward, how complaint I got: Health insurance costs Senate Republicans are suggesting we would fix ObamaCare if we were al- too much. So what did ObamaCare do they may be willing to vote with ma- lowed to. I think there are two parts to for health insurance costs? It drove jority leader HARRY REID and with the that. The first part of the question is, them up. It did absolutely nothing. Senate Democrats to cut off debate, to will we be allowed to offer any amend- Even they are admitting it. But you allow one amendment drafted by the ments to try to make ObamaCare less have to understand why health care majority that would totally fund bad, to try to fix ObamaCare? Will Re- costs went up. Health care costs went ObamaCare that would gut the House publicans, which is virtually half of the up because we are mandating what bill and shut off every other amend- country, be allowed to participate in health insurance. ment. this process at all? People say I would like to have my If this were any other context, my ObamaCare was passed with entirely kids covered. Sure we can cover your colleagues on the Republican side Democratic votes, not one Republican kids, but it is not going to be free. It is would be up in arms. We would see the vote. It is a policy that has been very going to have a cost. So everything the so-called old bulls of the Senate united partisan. It is a policy that now even people say they want is not free. It ele- in saying the process is being abused, supporters of ObamaCare are saying: vates the price of your health insur- and we would get 46 Republicans voting My goodness, this is going to really be ance. When you elevate the price of against cloture. a problem for the country. But the health insurance, what happens? Poor By the way, nobody, if there were Senator is exactly right, we are getting people have more difficulty buying any other context, would make the ready to go through a process where their health insurance. silly arguments that voting for cloture there are going to be no amendments What else did ObamaCare do that we is really supporting the bill. The ma- on fixing ObamaCare. There will not be did, that is exactly the opposite of jority leader has indicated that once one thing offered. what we should do. There is something cloture is granted he is going to intro- Former President Bill Clinton is say- called health savings accounts that duce an amendment to gut the bill and ing there are problems with it, the originated about 10 or 15 years ago. go the exact opposite way, allowing Teamsters, Warren Buffett, the 15,000 They were expanded gradually and him to do so in a 51-vote partisan vote. people at UPS who lost their spousal they were the best thing to happen to That is not supporting the bill; it is un- insurance are saying there is a problem health care probably in the last 30 dermining the bill. with this. Are we going to be allowed years. But what happened? We went The stakes of this fight right now are to offer amendments? the opposite way. ObamaCare is now whether this body is willing to listen It appears as if there will not be any narrowing the health savings account. to the American people—whether amendments. It appears there is noth- Why are the health savings accounts Democrats are willing, whether Repub- ing forthcoming that there will be a important? Because you can save

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6816 CONGRESSIONAL RECORD — SENATE September 24, 2013 money tax-free, you can carry it over freedom and we are adding mandates. But realize on another level what from year to year, and then you can At its core, ObamaCare is about free- some of our complaints are. Some of buy higher deductibles. So contrary to dom versus coercion and as you add in our complaints are that by making it what people think, it may be counter- these levels of coercion, not only do mandatory, and by him doing it after intuitive to some people, the way to fix you lose your freedom, they cost the fact, he is not obeying the law. health insurance is to have higher money so it becomes more expensive. This is pretty important. deductibles, because what does that We took a health care system where We talk about the rule of law a lot of mean? Cheaper insurance. You want 85 percent of the people had insurance times around here, but what is impor- cheaper and cheaper insurance. As you and we made it more expensive for ev- tant about the rule of law is that Con- have higher deductibles, you have erybody. We made it more expensive by gress passes legislation and the Presi- cheaper insurance. When you have mandating what goes into the insur- dent can sign it and execute it. cheaper insurance, you have all this ance. For example, for a 30-year old, or ObamaCare was passed with only extra money that you can use to pay for a 32-year-old, it is illegal to buy a Democratic votes. But here is the for day-to-day health care. When you high deductible policy. You will not thing, he is now amending it after the do that, what happens? You drive the hear this. ObamaCare has made it ille- fact. price of health care down. I know that gal to buy a high deductible policy. We saw one of the union officials is exactly right. You can get it under age 30 but not coming out with a gleeful smile on his As you increase deductibles, as you over 30. Why would you want that? face from the White House. Is he going get the consumer involved in health Maybe you are a plumber in your own to get a special deal that nobody else care, your prices go down. In my prac- business and you want to have a $5,000 gets? Is the President going to come to tice as an ophthalmologist, there are deductible so up can pay $1,000 a year your town or my town in middle Amer- two things that insurance did not cover in premiums or $2,000 a year in pre- ica and meet with me and give people at all and the prices were reduced most miums. But how do you ever get there? in my town an exemption? No. He has You never get there unless you allow dramatically in the two areas in which been giving exemptions to his friends. freedom. You need the freedom of the the health insurance did not cover any- This is patently un-American, and it is marketplace. Instead of limiting it, re- thing. If you want to buy contact unconstitutional. We will fight this alize what you are getting. When you lenses, most of the time health insur- through the court cases, but it will ask for ObamaCare you are getting ance doesn’t cover it. The price went take a year or so before we can get to ObamaCare, you are getting mandates, down every year. Lasik surgery to get the Supreme Court. but you are getting limited choices. rid of the need for glasses, much more Can the President amend legislation? Freedom means choices. Mandates, co- expensive but the price went down for Can he write legislation without the ercion, means less choices. 20 years because the consumer paid. The exchanges will be very few approval of Congress? That is what he What would the consumer do—or the choices. I will be on the exchanges. I is doing. His argument would be: I am patient? The average patient calls 4 will have to go to the exchange in Ken- trying to fix the problems the legisla- doctors before they have Lasik sur- tucky and buy my insurance. I am not tion created. Yes, the legislation was gery, so the thing is they drive prices very happy about it. In fact I think if 2,000 pages and nobody read it, and down. People say I don’t want to pay I have to do it I think Justice Roberts then they created 20,000 pages of regu- more out of pocket, I want to pay less. ought to have to do it. Justice Roberts lations. That is a natural impulse to want to loves ObamaCare so much I am for vot- We have no idea who to call in many pay less. You may pay less at the door, ing to have Justice Roberts trot on of the States. If you do know who to but you are paying more for premiums. down to the ObamaCare registry, the call and there has been an exchange set Or if you are not paying it and your ObamaCare index, and get his insur- up, there are limited choices. Where employer is paying more for premiums, ance like the rest of us. you might have had hundreds of what ends up happening is there are We talked about some amendments choices, you will now have two or three fewer jobs. to include people, I think everybody, choices. Where you once had freedom, I know the Senator from Texas is fa- all Federal employees. If ObamaCare is you are going to have coercion. Where miliar with philosopher and parliamen- so good, everybody ought to get it. The you once had the ability to buy cheap- tarian and French writer Frederic thing is we would be so fed up that we er insurance and pay your out-of-pock- Bastiat. Bastiat often talks about the would rebel in this country. That is et expenses on a day-to-day basis your- seen and the unseen. It is the con- what I think the Senator from Texas self and buy cheaper insurance, it will sequences that are visible to the naked has started, hopefully a rebellion no longer exist because the government eye before you get started, but then against coercion, rebellion against now says they know what is best for there are the things you didn’t realize mandates, a rebellion against every- you. They know what you should do. were going to happen, the unintended thing that says that big government Your choices have gone out the win- consequences. It is like saying let’s wants to shove something down your dow. have government build the hospitals. throat, they say take it or we will put We talked about amendments. If we Let’s have government hire the doc- people in jail. People say we aren’t were allowed to have amendments and tors. Let’s have government build ev- going to put anybody in jail. The heck the ability to try to fix ObamaCare, I erything. We would see all these they won’t. You will get fined first. If would try to bring the price down. The bright, shiny things and we would not you don’t pay your fines, you will go to best way to bring the price down is not see where the money came from, where jail. They are telling you that you have to tell people they have to have a de- the money was not spent, where the to take their health insurance as they ductible or an HSA, but it is to expand economic growth could have occurred. conceived of it, with absolutely no Re- their ability to choose an HSA. An What we have to think about when we publican input. Not one Republican HSA is a health savings account. think about ObamaCare is we have to vote, and they are unwilling to have Before ObamaCare, you could put think about do you believe in freedom any amendments. $5,000 a year in your HSA, and now it or coercion? ObamaCare is riddled with What is this fight about? This fight is has gone to $2,500 a year. If you have a mandatory, mandatory this, manda- about whether or not we are going to child who is autistic or a child with tory that, I think there are several have a society or a Congress where we spinal bifida or a child with a severe mandates. can debate over how to fix things. learning disability, you can spend When you hear the word mandate ObamaCare is a disaster. Even its own $10,000 a year on their health care in that is not freedom, that is your gov- authors are now saying it is a train trying to help them adapt to life. ernment telling you that you have to wreck waiting to happen. Even the Right now what is happening is they do something. It should be about man- President, who is in love with this are limiting that ability. Health sav- datory versus voluntary. We should ObamaCare, is saying it is going to be ings accounts should be unlimited. We have bills that originate here that say a problem. He is delaying the indi- should take them from $2,500, where you are free to do things. We have gone vidual mandate. He is delaying the in- the President has squashed them, and the opposite way. We are taking away dividual mandate. make them unlimited. If you get lucky

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6817 and don’t get sick, your health savings is such a great thing, you would think Mr. CRUZ. I thank the Senator from account should be able to go into your you could give it away—this is some- Kentucky for his very fine question. kid’s education. Health savings ac- thing that will be free. And they are The answer is absolutely yes, I believe counts should not be for just the fam- having trouble giving it away. So what there is an opening to do that. I believe ily but for every individual of the fam- have they done? They are spending we can address the train wreck and the ily. They should be enormous over tens of millions of dollars to advertise nightmare the American people are time, and then you would buy cheaper to you that it is such a great thing. If facing that is ObamaCare. We can ad- insurance. you can’t sell somebody something dress the very real harms that are This is also the answer as to how you that is free, I think there is a problem. being visited upon Americans as a re- drive the price down. Here is some- ObamaCare is free and they can’t sell sult. thing, as a physician, people would say it. They have enlisted the President I want to note that the Senator from to me: I went to the hospital and had now to sell it. They are going to barn- Kentucky has been a clarion voice for heart surgery that cost $100,000. When I storm all across America selling some- liberty. That is one of the many things looked at my bill very closely, the thing that is free. They will have gov- I appreciate about my friend Senator mouthwash was $50, and I was infuri- ernment agents on planes flying hither RAND PAUL. I think my favorite phrase ated. I would say: Did you call? Did and yon, knocking on your door, say- from his question is a phrase that oc- you try to negotiate with the hospital? ing: Please take this free health care. curred about midway through his ques- They would answer: No, my deductible Please sign up for free health care. If tion where he said something to the ef- is $50. you cannot sell free health care, there fect of: We need a rebellion against op- When you have a low deductible and must be a problem with it. pression. I like that phrase. That is a you don’t have to pay, you are not con- We are spending tens of millions of particularly excellent turn of a phrase. nected to the product. Unless you are dollars on TV, and millions more hav- I will confess that it reminded me of a connected to the product, prices don’t ing people going door to door to con- movie series that was in the theaters come down. This is a fundamental as- vince people that it is a good idea. Ulti- when the Senator from Kentucky and I pect of capitalism. That is why when mately we should try to help those who were both kids—young adults—and you go to Walmart or any retail store cannot help themselves, but in order to that was the ‘‘Star Wars’’ franchise and such as Hobby Lobby, the prices are bid figure out how you want to help the 15 the discussion of a rebellion against op- down because there is competition and percent who don’t have health insur- pression. I think it captures a lot of you ask about the price. ance, we should have looked at the what is going on here. We started this Think about it. If you went to problem more carefully. Of the 15 per- debate some 18 hours ago talking about Walmart and your copay was $10 every cent who don’t have health insurance, the divide between the Washington es- time you went to Walmart, would you one-third of them are young and tablishment that is not listening to the ever look at any prices after you paid healthy and make more than $50,000 a American people, that is forcing its $10? You can see what would happen to year. So one-third of the problem had will on the American people, and the the entire retail world if we had health nothing to do with not being—well, it people of this country. insurance for buying goods. If you had did have something to do with not I will confess that phrase of rebellion a health insurance copay of $100 to buy being able to afford it. It had to do against oppression conjured up to me a car, the price of cars would go with the health insurance costing too the Rebel Alliance fighting against the through the roof because you wouldn’t much. So we should have tried to fig- Empire—the Empire being the Wash- care about the price. This is about hav- ure out how we lower health care costs, ington, DC, establishment. Indeed, im- ing some sense. and if you are a young, healthy person, mediately upon hearing that phrase, I The people who gave you ObamaCare we should have expanded health sav- wondered if at some point we would see are not bad people. They have big ings accounts. There are ways we could a tall gentleman in a mechanical hearts but not necessarily big brains. fix this. breathing apparatus come forward and They want to help people, but they What I would ask the Senator from say in a deep voice, ‘‘MIKE LEE, I am have not figured out that the unin- Texas is: Does he see a way forward? your father.’’ tended consequences of ObamaCare are Does he see that we can get the other This is a fight to restore freedom for that part-time workers will have less side to come forward and tell the the people. This is a fight to get the hours, and full-time workers, who are American people that, yes, we made Washington establishment—the Em- on the margin, as far as their hours go, some mistakes? We made some mis- pire—to listen to the people. And just with a business that is struggling will takes, and even our friends are telling like in the ‘‘Star Wars’’ movies, the lose their jobs. us we made these mistakes and we Empire will strike back. But at the end If I have 51 employees, I may go back want to work with you. Because I of the day, I think the Rebel Alliance— to 49 employees if I am struggling. If I think the problem, the perception out the people—will prevail. have 1,000 employees, and I provide there is that we don’t want to work The Senator from Kentucky asked: health insurance for them but my com- with them, but it is completely the op- Can we actually make real progress in petitor decides to dump them on the posite of the truth. The truth of the this? Yes, if the people do it. To be per- government exchange, maybe I have to matter is, as I see it, they won’t work fectly honest, the Senator from Ken- do that too so I can compete because with us. They won’t open the process tucky can’t get it done; I can’t get it maybe I have to offer the lowest price. and we can’t have a debate. We are done; Senator MIKE LEE can’t get it Maybe the end result of ObamaCare is having a debate, but where is the other done. I don’t think there is an elected the people it was intended to help are side? Why can’t we influence legisla- official in this body who can get it precisely who it is going to hurt. tion? Why can’t we be part of trying to done. Only the American people can I think we have to think this fix health care? I don’t know if speak with a loud enough volume that through. We have to think as a society ObamaCare is fixable, but health care it forces, No. 1, all 46 Republicans to whether we are for choice or against is fixable. unite, as we should be uniting, against choice, whether we are for mandates or The main problem of health care is cloture and say: No, not a single Re- for volunteerism. I think it is very im- price. It costs too damn much. Can we publican will vote to give HARRY REID portant that we look beyond the imme- fix that? Could they come to the Sen- and the Democrats the ability to force diacy of what we are trying to do, and, ate floor and say: We are going to have through a single amendment that guts as I said, I don’t discount the motives amendments, we are going to have an the House continuing resolution, that of the people on the other side. I think open amendment process, and we are funds ObamaCare, and has 51 partisan they want to help people, but I think going to try to fix ObamaCare? Democratic votes and shuts out all they are going to hurt the people they Does the Senator see an opening other amendments; and No. 2, if the want to help. where maybe the President would com- people rise up in sufficient numbers. As we look at this ObamaCare debate promise and come and say: Yes, I am I believe the Democrats have good and this disaster, there is another willing to work with you in order to fix faith. We will ultimately have no question you might ask: If ObamaCare health care in this country? choice but to do the same thing—listen

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6818 CONGRESSIONAL RECORD — SENATE September 24, 2013 to the people. During this debate we I think it is a partisan question. I ObamaCare, and it is why the Amer- have read and we have discussed the think if we were to put it forward and ican people are so fed up with this. It is letters from the roofers union, the let- say ObamaCare is such a wonderful a manifestation good enough for thee ter from the Teamsters. Each of them program for everybody, let’s give it to but not for me. used the same phrase: They ‘‘could re- the Federal employees, my guess is we Washington plays by separate rules. main silent no more.’’ Both of those wouldn’t get a single vote from the op- The rich and powerful, those who stroll letters began by saying they were position party, but we will not even get through the corridors of power, they Democrats who supported the Presi- a chance because they don’t want to get exemptions, just not hard-working dent, who supported Democrats for the talk about it: ObamaCare is good. We Americans. If you are at home and it Senate, supported Democrats for the want to shove it down the rest of happens to be the case that you have House, who had campaigned and America’s throat, but we exempt our- two or three high-paid Washington lob- worked for them, yet they ‘‘could re- selves. byists on your payroll, you may be in main silent no longer’’ because I have a constitutional amendment. I good shape. You might get an exemp- ObamaCare is hurting millions of frankly think Congress should never tion. But if you don’t have the ability Americans. In the words of James pass any law if they are exempted from to walk into the West Wing, if you Hoffa, president of the Teamsters, it is it. I think there is an equal protection don’t have the ability to pull the levers a nightmare. argument for how it would be unconsti- of power, then what President Obama, If they can remain silent no longer, tutional for us to do so. Yet we have the majority leader, and the U.S. Sen- then I say to the Senator from Ken- done it repeatedly. ate are saying to you is you are out of tucky, I do have faith that there will But my question to the Senator from luck. We answer to the friends of this be Democratic Senators who will feel Texas is, What does he think? Does the administration but not to the Amer- the same pang of conscience to remain Senator from Texas think maybe we ican people. Listen, I think under no silent no longer but to actually speak should ask the President to come down circumstances should Members of Con- up for the American people. But it will today and sign up for ObamaCare? I gress be treated better than what we only happen when Republicans are think we should ask him that today, are doing under the law, forcing upon united. If Republicans are divided and every day, and henceforth: Mr. Presi- millions and millions of Americans. throwing rocks at each other, we can- dent, if it is such a good idea, why I would note that during the course not expect Democrats to cross their don’t you get it? of this debate, I have been privileged to leadership. The Republicans have to Mr. CRUZ. Mr. President, I thank the receive support from a great many Sen- unite first in order to get Democrats to Senator from Kentucky and my answer ators but two in particular I wish to come together and listen to the people. is, yes, yes, a thousand times yes. In- mention right now: Senator RUBIO and You want to know what this whole deed, if the Washington press corps Senator PAUL. I wish to mention them fight is about? Together we must make would focus on the substance of this because on any measure of hipness or DC listen. debate, on the issues that matter to coolness, I will readily concede I can’t Mr. PAUL. Mr. President, I have a the American people, the reporters hold a candle to them. Indeed, I re- followup question for the Senator from would ask the question at every news member in the debate over drones, Sen- Texas. Mr. CRUZ. I am happy to yield for a conference the President conducts and ator RUBIO began quoting from rap question, but I will not yield the floor. at every opportunity they have: Mr. lyrics, and I will confess to being Mr. PAUL. One of the questions that President, are you willing to be subject clueless enough that I didn’t even should not only be asked of the Sen- to ObamaCare, to be put on the ex- know what he was referencing. I was ator but should be asked of the Presi- change that millions of Americans are sure it was something far too hip for dent: Why doesn’t the President volun- being forced to do? They would ask the me to know. Although I will note I did tarily take ObamaCare? It is his baby, majority leader of the Senate, and in- read Toby Keith lyrics, but that is and if he loves it so much, why doesn’t deed every Democratic Senator who probably not quite the same genre, and the President take it? He could volun- met with the President and who, ac- I will note that Senator PAUL has a fol- tarily go on the exchanges. I am sure cording to press reports, at whose be- lowing of, as he describes it, folks in they would welcome him down at the hest Members of Congress were ex- Birkenstocks and beards and earrings, DC exchanges. In fact, I think that empted. a different sort of cool that again I ought to be a question they ought to If the press were doing the job of a could not remotely hope to compete ask him at the press briefing today: watchdog press holding leaders ac- with. I am a lawyer from Texas. Mr. President, are you willing to take countable, actually speaking truth to But what I can try to do to keep up— ObamaCare? If you don’t want it, why power, they would ask every Demo- because, after all, we all have a little are we stuck with it? cratic Senator not once, not twice but bit of competitiveness in wanting to So if the President can’t take it, if over and over and over: Are you willing keep up—I would like to provide a lit- Chief Justice Roberts doesn’t want it— to be put on the exchanges without an tle more detail about something I ref- here is the thing. If we want to see a employer subsidy, just like millions of erenced earlier, which is the speech rebellion, we should ask Federal em- Americans who are losing their health that Ashton Kutcher gave at the Teen ployees to take ObamaCare—that is insurance because of ObamaCare? If Choice Awards. To be honest, referring what my amendment says—not just not, why? to the Senator from Florida and the Congress. I am willing to take it. I As I have noted multiple times dur- Senator from Kentucky as cool, as ter- don’t want it. I absolutely don’t want ing the course of this debate, I very rific human beings, as both of them it, and I have been frank about it. I am much support what Senator PAUL sug- are, it is almost oxymoronic, because I not a hypocrite. I didn’t vote for it, I gested about making every Federal em- think I will take it as a given that think the whole thing is a mess, and I ployee subject to ObamaCare. Let me there is no politician on the planet who don’t want it. But the thing is, if I have be clear. Doing that is a lousy thing to would actually qualify as cool. Ashton to take it, I think the President ought do to Federal employees. It is a lousy Kutcher I don’t know and I don’t ex- to get it. He ought to get a full dose of thing to do to Members of Congress. It pect to ever meet. Yet at the Teen his own medicine. is a lousy thing to do to congressional Choice Awards he gave a speech that I I think Justice Roberts should get it. staff. None of them like it. As the Pre- thought was remarkable. He was there I think he contorted and twisted and siding Officer and I know well, it is to accept an award for playing Steve found new meaning in the Constitution hard to find an issue that causes more Jobs in the movie ‘‘Jobs,’’ and he did that isn’t there. So if he wants it so dismay, if not panic, among congres- much more than accept a trophy. He much, if he thinks it is justified, if he sional staff than the idea that they talked about the importance of hard is going to take that intellectual leap might be thrown into the exchanges work. to justify ObamaCare, he ought to get with no employer subsidies, as will mil- His speech was so remarkable that I it. There are millions of Federal em- lions of Americans; ironically enough, took the opportunity and tweeted out ployees. They don’t want it. Guess who including, presumably, many of the because, frankly, Ashton Kutcher can they vote for usually? staff who worked on drafting reach young people in a way that I

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6819 never can, that no Member of the Sen- a week, and he couldn’t have paid his Throughout the centuries there were men ate can, and I thought the message was way through college on 29 hours a who took first steps down new roads armed important and it is important because week. So one of two things would have with nothing but their own vision. Their goals differed, but they all had this in com- of a principle that is imperiled by happened. He either would have had to mon: that the step was first, the road new, ObamaCare. Let me read from the rel- drop out of college or he would have the vision unborrowed, and the response they evant portions of Mr. Kutcher’s speech. had to get a second job at 29 hours a received—hatred. The great creators—the He said: week and juggle the balance between thinkers, the artists, the scientists, the in- I believe that opportunity looks a lot like each of them. ventors—stood alone against the men of hard work. I have never had a job in my life That is what is so critical about this their time. Every great new thought was op- that I was better than. I was always just issue, is maintaining the opportunity posed. Every great new invention was de- lucky to have a job. Every job I had was a for those struggling to achieve the nounced. The first motor was considered stepping stone to my next job, and I never foolish. The airplane was considered impos- American dream. sible. The power loom was considered vi- quit my job until I had my next job. So op- Secondly, I wish to share with my portunities look a lot like work. cious. Anesthesia was considered sinful. But colleagues some more material. During the men of unborrowed vision went ahead. He went on: the wee hours of the morning, we had They fought, they suffered, and they paid. The sexiest thing in the entire world is the opportunity to consider some ex- But they won. being really smart and being thoughtful, and cerpts from Ayn Rand. I want to point Let me suggest that quote speaks di- being generous. Everything else is— to some more excerpts from Ayn Rand rectly to the millions of Americans And he used a mild expletive for ma- that I think are relevant to the battle who are speaking up right now, who are nure. before this body. saying Washington says we can’t stop It’s just ‘‘manure’’ that people try to sell First, from ‘‘Atlas Shrugged:’’ ObamaCare. Washington says we have to you to make you feel like less. So don’t We are on strike, we, the men of the mind. to accept this train wreck, this night- buy it. Be smart, be thoughtful, and be gen- . . . We are on strike against self-immola- mare. There is nothing we can do. Yet erous. tion. We are on strike against the creed of the message, as Rand says, is that if Then he ended his speech by saying: unearned rewards and unrewarded duties. We the American people stand together, if Everything around us that we call life was are on strike against the dogma that the they believe in their vision, together made up by people that are no smarter than pursuit of one’s happiness is evil. We are on we can make DC listen. you. You can build your own things. You can strike against the doctrine that life is guilt. Indeed, also from ‘‘Atlas Shrugged’’ build your own life that other people can live Another on the filibuster, on the ef- in terms of the divide we see in this in. So build a life. Don’t live one, build one. fort of the American people to get body, as Rand observed: Find your opportunities, and always be sexy. Washington to listen to us, from ‘‘The There are two sides to every issue: one side I salute that message. I think it is a Fountainhead’’: is right and the other is wrong, but the mid- message that I hope every young per- Integrity is the ability to stand by an dle is always evil. The man who is wrong son in America hears. But it is also a ideal. still retains some respect for truth, if only by accepting the responsibility of choice. message that embodies what is imper- Also from ‘‘The Fountainhead’’: iled by ObamaCare. But the man in the middle is the knave who . . . no speech is ever considered, but only blanks out the truth in order to pretend that What Mr. Kutcher talked about ‘‘I the speaker. It’s so much easier to pass judg- no choice or values exist, who is willing to was always just lucky to have a job. I ment on a man than on an idea. sit out the course of any battle, willing to never had a job in my life that I was That particular quote I think more cash in on the blood of the innocent or to better than,’’ it makes me think about crawl on his belly to the guilty, who dis- than anything is addressed to our my father. When he came from Cuba, penses justice by condemning both the rob- friends in the media. I wish to read it his first job was washing dishes making ber and the robbed to jail, who solves con- again: 50 cents an hour. He was lucky to have flicts by ordering the thinker and the fool to meet each other halfway. that job. He certainly was not better . . . no speech is ever considered, but only the speaker. It’s so much easier to pass judg- (The Acting President pro tempore than that job. If he hadn’t had that ment on a man than on an idea. job—the next sentence Mr. Kutcher assumed the Chair.) Mr. President, I would suggest that said: ‘‘And every job I had was a step- I, like every Member in this body, am comment speaks volumes to this dis- ping stone to my next job.’’ As we have a flawed human being, a man of many pute. As we observed during the middle discussed during this debate, if he imperfections. If a reporter wants to of the debate, there are some Members hadn’t had that first job, he wouldn’t write on those imperfections, there is of the Democratic Conference—indeed, have gotten his next job as a cook. If no shortage of material. But as long as they are writing on those, they are not one we discussed: Senator SANDERS he hadn’t had that job, he wouldn’t from Vermont—who openly embraces have gotten his next job as a teaching talking about the ideas. As long as they are writing about the personality, his ideas. Indeed, there was a time assistant. If he hadn’t had that job, he when he ran for public office not as a wouldn’t have gotten his next job as a they are not talking about the Amer- ican people who are suffering. As long Democrat but as a Socialist. computer programmer at IBM. If he Mr. SANDERS and I agree on very lit- hadn’t had that job, he wouldn’t have as they are writing about the personal- ities, and the back-and-forth, the game tle when it comes to public policy. But been able to start a small business and I will say this, I respect his fidelity to work toward the American dream. playing and the insults and all of the nonsense, they are not talking about his principles. I respect the honesty We want to talk about the tragedy of with which he embraces them. And as I ObamaCare. It is the millions of young the millions of Americans who are des- perate for greater opportunity, des- observed earlier in this proceeding, I people, the millions of single moms, would far rather a Senate with 10 BER- the millions of Hispanics, of African perate for a job, desperate for work to provide for their families, desperate to NIE SANDERS and 10 MIKE LEEs to a Americans who are struggling, who Senate where the views, the actual want to achieve the American dream hold on to their health insurance. We read letter after letter after letter of commitments, are blurred by obfusca- and who, because of ObamaCare, can’t tion. find a job. Because of ObamaCare small real live people who are losing their health insurance. When it comes to the Republican side businesses are not hiring, they are not of the aisle, there are some Senators Another quote: expanding. Small businesses create who have been quite open in saying two-thirds of all new jobs. Fight for the value of your person. Fight they do not think we can defund That first job washing dishes, if for the virtue of your pride. Fight for the es- sence of that which is man: For his sovereign ObamaCare. I will respect any Repub- ObamaCare were the law in 1957, I rational mind. Fight with the radiant cer- lican Senator who says: I am convinced think there is a very good chance my tainty and absolute rectitude of knowing we cannot do this and, therefore, I am father never would have gotten that that yours is the Morality of Life and that voting for cloture because we cannot job washing dishes. If he had gotten the yours is the battle for any achievement, any do it, and so I am voting against it. I job, if ObamaCare were the law, I think value, and grandeur, any goodness, any joy do not agree with that. I think that is it is virtually certain his hours would that has ever existed on this earth. a defeatist philosophy. But it is an have been forcibly reduced to 29 hours Another from ‘‘The Fountainhead’’: honest philosophy.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6820 CONGRESSIONAL RECORD — SENATE September 24, 2013 I would suggest it is far different for amendment. But the statutes written of the Teamsters: It is a nightmare. a Republican to say: I am going to vote in the law books are binding law, and But I do not think the President can for cloture, I am going to vote for he simply announced: No, they are not. just say: I am going to refuse to apply HARRY REID and 51 Democrats the abil- I am not going to enforce it. it to everyone. You have not heard me ity to fund ObamaCare in its entirety Of all the different unilateral call on President Obama granting a with no amendments, no changes what- changes, that may be the most con- lawless exemption to everyone. He did soever, but at the same time I am sequential. It is one of the least dis- not have authority to grant an exemp- going to go to my constituents and say: cussed, but it is consequential because tion to big business. He did not have I fully, I enthusiastically support its effect is essentially to encourage authority to grant an exemption to defunding ObamaCare. Indeed, I am liar loans. Whether you are eligible for Members of Congress. He does not have leading the fight. That is not being subsidies or not, just say you are, and authority to grant an exemption to the honest with the American people. we are not going to check to find out. American people. Only Congress does. If we are to listen to the people, part Perhaps most egregious was the That is why Congress needs to act. of listening to the people is being hon- President’s action exempting Members That is why this body, why Democrats est with the people. Part of listening to of Congress. The statute provides that in this body, why Republicans in this the people is embracing, quite can- Members of Congress shall be subject body, need to listen to the American didly, the position we hold. If those to ObamaCare, shall be put on the ex- people. Together we must make DC lis- Members of this conference want to changes without employee subsidies, ten. disagree with this strategy and say we just like millions of Americans. Mr. INHOFE. Will the Senator yield? agree with HARRY REID, that Mr. President, as you and I both Mr. CRUZ. I am happy to yield to the ObamaCare should not be defunded on know well, that had Members of Con- Senator from Oklahoma for a question the continuing resolution, then let gress, that had congressional staff in a but not yield the floor. them say so openly, not cloaked in panic. So majority lead HARRY REID Mr. INHOFE. I mentioned a few min- robes of procedural deception and ob- and Democratic Senators met with the utes ago, when I was here last night scurity. Let them say so openly to the President and, according to the public something was said, and I went back American people. And let them make press accounts, asked for an exemp- and I got some phone calls because peo- their case. That has the virtue of truth. tion, said: Please exempt us—although ple did not believe it. I say to my good On ObamaCare, in ‘‘Atlas Shrugged’’ the statute is clear. It was written that friend Senator CRUZ, I think some- Ms. Rand wrote: way, I would note, because of my times people like you who are living There’s no way to rule an innocent man. friend, Senator CHUCK GRASSLEY, who this issue 24 hours a day—literally 24 The only power any government has is the added that amendment on the principle hours on this day—may assume people power to crack down on criminals. Well, that if we are going to put a burden on understand the significance of some when there aren’t enough criminals, one the American people, we should feel it, things that they do not. Because I got makes them. One declares so many things to we should have skin in the game. these phone calls last night when I was be a crime that it becomes impossible for me According to the press reports, the talking about—and I quoted our leader to live without breaking laws. . . . But just President said he would take care of here in the Senate, Senator HARRY pass the kind of laws that can neither be ob- served or enforced nor objectively inter- the problem. Shortly thereafter, his ad- REID. A couple days ago on the PBS preted—and you create a nation of law- ministration did so and said: We are program ‘‘Nevada Week in Review,’’ breakers—and then you cash in on guilt. Now going to disregard the law of the land. Senate majority leader HARRY REID that’s the system, Mr. Reardon, that’s the We are going to disregard the statute. was asked whether his goal was to game, and once you understand it, you’ll be Let me say, when the President of move ObamaCare to a single-payer sys- much easier to deal with. the United States begins picking and tem, and his answer was: ‘‘Yes, yes. Ab- That is a profound insight on the choosing which laws to follow and solutely, yes.’’ train wreck, on the nightmare that is which laws not to follow, when the I know I said this last night. But a ObamaCare. President of the United States looks at lot of people did not realize that be- One statement the Senator from Ken- this mess that is ObamaCare and be- cause there is—and if the Senator does tucky made that I would disagree with gins pulling out the eraser and saying: not mind, I am going to take a few slightly—the Senator from Kentucky I am going to erase this part of the minutes here to kind of set the ques- said President Obama is committed 100 statute, I am going to erase this part of tion up because I think it is important. percent to ObamaCare, to making no the statute, and I am going to pick As the Acting President pro tempore changes, no alterations, to defending it that it applies to these people, but I am will remember, since he was in the as is, not to improving it. Actually, I going to pick that it does not apply to other body when I was elected many do not think that is accurate. I think these people, that is the height of arbi- years ago to the House of Representa- what the President has done is far trary enforcement. It is also contrary tives—I recall at that time nobody worse than that, actually, which is the to his constitutional obligation. Arti- thought the Republicans would ever be President has opposed legislative cle II of the Constitution obliges the a majority of anything, the House or changes to fix the tremendous failures President to take care that the laws be the Senate. I know that would have in ObamaCare that are hurting the faithfully executed. To deliberately, pleased the Acting President pro tem- American people, but the President has willfully, and openly refuse to enforce pore. It is kind of interesting because over and over unilaterally—abusing ex- the law is the antithesis of taking care we became very good friends, and yet ecutive power—disregarded the law. that the laws be faithfully executed. we are philosophically apart from each When the President decided unilater- Indeed, it is taking care to refuse to other. ally that the employer mandate that faithfully execute the laws of the But I observed four things, and I did was set to kick in on January 1 of next United States. not think about this until this morning year would be delayed for a year for big That is the pattern we have seen. For and how this subject fits into this. At businesses, there is no basis in law for any President to do so, Democrat or the time Republicans were totally in- him to do so. The statute says other- Republican—and I can tell you this: If significant in the House of Representa- wise. But his decision was simply: there were a Republican President in tives, so I spent my time sitting on the L’etat c’est moi. I am the state; there- office, and he were saying: I am going floor, and I listened and I observed fore, this is delayed. to disregard the laws of the United some things, and I actually wrote a Likewise, when the President made States, I can promise you I would be paper about this. I am going from the decision that the eligibility verifi- right here on the floor of the Senate memory now, but I recall in this paper cation for subsidies, written into the decrying that Republican President, I said there are, in my opinion, four statute, would not be enforced, that is just as loudly as decrying President flawed premises on which Democrats’ contrary to law. The President does Obama for disregarding the law. policies are based, and I listed those not have the authority to disregard the Look, I think ObamaCare is a dis- four flawed premises. They were: The statute. If he does not like it, he can aster. I think it is a train wreck. I cold war is over. We no longer need a come to Congress and ask for an agree with James Hoffa, the president strong military. Punishment is not a

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6821 deterrent to crime. Deficit spending is But the fourth thing is that govern- people say all the time that this will not bad public policy. And then the ment can run our lives better than peo- never happen in America. It is hap- fourth one: that government can run ple can. Now, I tell my friend from pening in America. It is happening in our lives better than people can. Well, Texas, this goes all of the way back to America, and our rights are being erod- I kind of went through that. the late eighties; this observation was ed more and more every day. I remember so well that one time made by me. That is exactly what we In one of his speeches he gave not too there was an amendment on the floor— are looking at today—a recognition by long ago, he said: and I know those who were there at the some people that somehow government I think the most ominous words I’ve heard time will recall this—that we were can run this system better than people was in the last two State of the Union ad- going to take some of these closed can. dresses, when our President said, ‘‘If Con- bases, because of the cost of incarcer- So last night when I was honored to gress does not act, I will act unilaterally.’’ ation for prisoners, and we were going stand with my good friend from Scarily reminiscent of how things to take those and take the fences and Texas—I recall having been here back were done in Cuba. A law that no Re- turn them around to keep people in in- during the Clinton administration. We publican voted for is now the law of the stead of people out. Well, that made had a thing called Hillary health care. land; governing by decree, by Execu- sense. That goes right along with the same tive order, just like Cuba, the country So I had an amendment on a bill, and thing. So a lot of the phone calls I got he left behind. it was a bill that I remember was a big last night after being on the Floor with This is Rafael Cruz, who happens to punishment bill that became very con- you were people saying: Well, I do not be the father of our own Senator TED troversial at that time. But I had that even remember that. I did not know we CRUZ. He is one who came over. He es- amendment to do that, and they de- tried that before. caped the very overbearing power of feated the amendment. The reason The big point here is that they government to come here for that rea- they defeated it was they said: We can- thought it was over, it was done. They son. not expect our prison population to were going to have Hillary health care; So I look at that, and I remember live in such substandard housing. Then as Senator REID said, yes, a single- one of the greatest speeches—I have I remembered, wait a minute. I was in payer system. This is what they want. said this often. I know a lot of people the U.S. Army. I lived in that housing. That is what they wanted back in the do not agree with it. Probably the I know a little bit about that. So that early and middle nineties. So we had greatest speech I have heard in my life was kind of the punishment. Hillary health care. They thought it was ‘‘A Rendezvous With Destiny’’ by Then at the end of the Cold War—you Ronald Reagan. In his speech, he tells know, so we do not need the military— was over. They said: It is over; we are the story of someone who could have a lot of them were saying: We need to not going to win this. Consequently, been Rafael Cruz, someone who was es- cut back. And we did. We actually cut you know, a lot of people actually be- caping from Communist Castro Cuba to back, and Republicans and Democrats lieved that. Last night I talked about after we fi- come to this country and risking his agreed at that time. But now it has life. changed because what we are doing nally had victory. It happened that In his speech ‘‘Rendezvous With Des- now—I call it the Obama disarming of there was a full-page ad in the Wall tiny,’’ Ronald Reagan said—this is way America. I can remember—and a lot of Street Journal by the AMA saying that back when he was the Governor of Cali- times when you talk about people as we embrace Hillary health care be- fornia. He said: The boat came up. It being liberals or conservatives, you are cause they thought they were going to washed up on the shore in southern not name-calling, you are saying: What lose it. Florida. There was a woman there, and is the involvement of government? A That is kind of where we are today. liberal believes the government should At that time they thought there was he was telling the woman about the have a greater involvement in our no way in the world we were going to atrocities in Communist Cuba. When he was through, she said: Well, lives. Conservatives believe the govern- win this. They were going to be able to ment has too much control and, there- defeat it because it was a done deal. we do not know how fortunate we are fore, we do not need to do that. That is why I admire our good friend in this country. Anyway, I went to Afghanistan when Senator CRUZ for having the tenacity He said: No, we are the ones who are to stay in here and recognize that we fortunate because we had a place to es- the first budget 41⁄2 years ago came out. I stood over there knowing I would went through this once before. If we cape to. get national attention, knowing this did it once before, we can do it again. Does that not tell the story? That would be the first step in what I call The reason Hillary health care lost was a government running everything. the disarming of America by Obama. way back in the middle nineties was They escaped that and came to this So I stood over there. I recall in that that people realized it as socialized country, risked their lives, and they very first budget he did away with our medicine. Again, you ask the question. are over here. only fifth-generation fighter, the F–22; It does not work anywhere else. It does I know that my kids—Kay and I have he did away with our lift capacity, the not work in Sweden, Great Britain. 20 kids and grandkids. I was listening C–17; he did away with our future com- Why would it work here? And the an- last night when the Senator was read- bat system, which would have been the swer? I know they will never say it, but ing a bedtime story to his little kids. first advancement in ground capability what they are thinking is, well, if I Ours are not little kids anymore, but in 50 years; and he did away with the were running it, it would work. It is my grandkids are. The Senator stopped ground-based interceptor in Poland. By kind of a mentality that government and said: What kind of America, what the way, we are paying dearly for that can run our lives better than people kind of America are these kids going to now because we realize now, with Iran can. be inheriting? Why is it popular now? having the capability they have and So I want to say one thing before I Why would someone who believes gov- our intelligence saying they are going ask my question; that is, I have had a ernment should have a larger role in to have a delivery system by 2015, we great blessing in my life, which is get- our lives be reelected? What has hap- need to have something to defend that ting to know a great American whose pened to the American people and the coast. Then we went through, and, of name is Rafael Cruz. Rafael Cruz came values we held for so many years so course, if you extend the budget of the to this country the tough way. He rec- close to us? President, it took $487 million out of ognized from his past experience what Well, that is a hard thing to answer. the military. real freedom is. But I know there are several of them— So I just wanted to say that is true. I have some quotes here that I wrote people who have experienced that, This is after several years, way back down because I use these quite often. leaving slavery to come to this coun- when I was in the House of Representa- He said: ‘‘Our lives are under attack. try. tives. Deficit spending, not bad public ObamaCare is going to destroy the el- By the way, last night when I was policy—that is something we have derly by denying care, by even perhaps reading the various things, I did not heard quite often from some of our denying treatment to people who are in have any statements from the people more liberal friends on the other side. catastrophic circumstances.’’ I hear from Oklahoma, so I was reading from

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6822 CONGRESSIONAL RECORD — SENATE September 24, 2013 LOUIE GOHMERT, who represents the Oklahoma. We are involved in this too. help? I am frightened for the future of my eastern part of Texas. He had a lot of We are hoping to be able to have that children and the future of America. I am anecdotal stories from people in East opportunity. tired of DC politics. Texas—just like Oklahoma. We are not I want to mention one other thing That was Lynn from Oklahoma City. that far apart. But since that time, because this came in. I am going to This came in last night. I have several someone called last night and they read this. It is a letter. It is not all others that just came in overnight. said: You should use stories from Okla- that long, but I think it is really re- But I think the thing that people did homa. vealing. It says: not realize and that we were able to talk about last night was the fact that K. Matheson said: I cannot tell you how distressed I am with this has happened once before, and Stand with Senator Ted Cruz. Defund regard to the Affordable Health Care Act— they came dangerously close to pulling ObamaCare. A single-payer health care sys- This came from Lynn in Oklahoma. it off back in the middle nineties. tem is nothing more than a socialized sys- This came in last night— tem. You know, I have to say this. There Obama-care. I am fearful for my kids, now is a brilliant strategy going on right She is from Bethany, OK. I do not 18 and 20. There is the effect it is having want to give her last name. She did not now. I didn’t realize it until yesterday. right now—employers are not allowing their There are some pro-ObamaCare people want it given. workers to have full-time hours. They are Sue said: hiring more part-time workers to make up who are doing robocalls. I know the oc- cupier of the chair knows what Thank you. What’s to protect people from the difference for the company so they won’t being victims of identity theft with all of be penalized for not providing health insur- robocalls are, but a lot of people do these so-called advisors having access to peo- ance. Both of my kids are unable to get full- not. These are automated calls where ple’s financial and health care records? Why time employment. For a year, my daughter they call and a voice comes on and it aren’t members of Congress, the White House was able to work 40-plus hours a week. Then, gives a message. People listen to that. and their staffs included? with the implementation of the ACA, no one Sometimes they believe it, sometimes can work over 29 hours a week. Instant pay Well, they should be included. We they do not. Most of the times they do. cut. My son, who just graduated from high So there are robocalls that are going have been talking about that. The Sen- school, finally found a job at a restaurant, ator from Texas has been talking about and they give him 4 hours a day. He is still on by the pro-Obama health care peo- that. looking. ple, going to the strongest opponents of We had a tweet that came in this Additionally, I have adult friends whose ObamaCare and trying to make people morning. It said: hours are being cut at UCO so they don’t get think they are supporting it. It is to penalized for not providing health insurance confuse the electorate. When you stop What allows the executive branch to pick to their part-time people, adults with fami- & choose who must follow ObamaCare & to think about it, that is pretty bril- lies getting their wages cut— what parts to enforce? liant, and they did it. All day yesterday there were calls So we have got a lot of that stuff. This is just a normal citizen out going around my State of Oklahoma by But the thing I wanted to bring up last there. This is not a professional. This someone. The message was something night—one of the things—is that some- is what people are thinking, at least in like this: This is Joe Smith. I am with thing really good is happening. We are my State of Oklahoma and I think the ABC tea party—these are not tea talking about the bad things, but there throughout the Nation. —adults with families getting their wages party people, but nonetheless that is is another opportunity. We have a how they identify themselves—your great guy in Oklahoma by the name of cut so the employer does not have to pay for health insurance. Did you not think employ- Senator JIM INHOFE is supporting Scott Pruitt. He is our attorney gen- ers would not find a way out of this at the ObamaCare and you have to call his of- eral. In fact, I tell my friend Senator expense of the American people? Is everyone fice. This is what his number is. CRUZ that while he was running for at- in Washington so blind or is it selfish? We started getting calls and people torney general, I flew him around. My husband’s employer now wants to pe- didn’t even know there were 14 of us nalize us if I choose to stay on his health Aviation is kind of my thing. I was fly- who joined together with Senator CRUZ ing him around the State. I got to coverage rather than take the inferior health care package at my employment. about 6 weeks ago. I was 1 of the 14 and know him quite well. He told me at one of the strongest supporters of his that time that he saw this threat com- Mr. Inhofe, I dedicated my life to raising my kids and taking care of my family. I cur- cause. Yet they were trying to make ing. So what he has done is he has filed rently make $12.25 an hour. I have a bach- people believe something else just to a lawsuit. elor’s degree. It would be senseless for me to confuse them. Frankly, it is dishonest, I am proud to say that Oklahoma and pay for health care on a salary when my hus- but it is brilliant. the attorney general, through the band’s health care is so much better, and I When we are looking and we are see- courts, are leading the charge to dis- have been on it for the last 13 years. ing what happened, what is going on mantle ObamaCare and put an end to Thirteen years. She would have to today, I do applaud my friend. I feel its onerous taxes. Just last month a give that up. guilty, I have to say to my friend, Sen- judge overseeing the lawsuit ruled He takes care of me as my husband. I ator CRUZ, because I left him last night against a motion filed by the adminis- should not be penalized for wanting to work at 10 o’clock. tration to dismiss the case, which full time at this juncture of my life. If his I went home, had dinner, and went to means the case will proceed. Well, that company pushes the issue, I feel as if I will bed. I got up and he was still talking. was a major obstacle. No one thought not be able to stay employed full time, which That is the depth of his feeling about he would be able to overcome this mo- is a violation of my basic human rights. Now this. I believe what we learned, a lesson tion to dismiss. So it is still out there. that my kids are grown, I need and want to work. At 52 it is highly unlikely that I am we can remember back in the middle of The law is a train wreck. We know going to make a wage that is going to allow the 1990s, the lesson we learned there, that. There have been several proposals me to pay for health insurance. It is against when it was all over, we had lost, but to prevent further damage. We need to my constitutional right to force me to pur- we didn’t lose because the American defund the law. We need to make sure chase health insurance I do not need. The people came to our aid. We were a mi- no additional taxpayer money would be law is unconstitutional and un-American. nority at the time, but they came to used. Please tell me what we can do. The Amer- our aid and we turned this whole thing If he is successful, that will affect ican people deserve to be able to work full around. That is exactly where we are some 34 States that are in the same sit- time without being penalized. I am tired of Washington and its dirty poli- today. uation as Oklahoma. If he is successful, tics. Everyone in Washington should be held My question to my good friend, Sen- that is going to pull the funding out of to the same laws it passes for the American ator CRUZ, is I believe that history ObamaCare, and it could be that just people. could repeat itself. Does the Senator? one guy in the State of Oklahoma will Amen. Mr. CRUZ. I thank the Senator from be responsible for that. So this is hap- Oklahoma for his learned insight for Each one of you need to have the same pening. health coverage expenses that we have. that very good question. The answer, Yes, there are all of the efforts that I feel as if our country is headed, at light- in short, is yes. Yes, yes, absolutely, I are taking place here, primarily by my ening speed, for a major breakdown. What think to use the same phrasing major- good friend from Texas, but we are in are you going to do to stop it and how can I ity leader HARRY REID used when asked

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6823 if he supported single-payer govern- Why are we seeing momentum move Mr. CRUZ. I think the Senator from ment socialized health care. in favor of defunding ObamaCare? Why Oklahoma raises a very good question. I wish to make three comments in re- are we seeing momentum for Repub- The clear facts are everywhere in the sponse to Senator INHOFE’s question licans in favor of voting against clo- world socialized medicine has been im- and his thoughts that he has shared ture so as to deny HARRY REID the abil- plemented, it hasn’t worked. It pro- with this body. First is simply a word ity to fund ObamaCare on a 51-partisan duces results consistently. We can pre- of thanks to the Senator from Okla- vote? Because the American people are dict where socialized medicine leads. It homa. Senator INHOFE is an elder rising up and their voices are being leads to scarcity. It leads to waiting statesman of this body. He has served heard. That is the first point I wished periods. It leads to poor quality health many years. He has earned the respect to make in response to the Senator care. It leads to government rationing. of his colleagues on the Republican from Oklahoma. It leads to government bureaucrats de- side of the aisle and on the Democratic Mr. INHOFE. Before the Senator con- ciding what health care you can get side of the aisle. tinues, would he yield for one followup and what health care I can get. From day one, when Senator MIKE question. If you go in for a health treatment, a LEE began this fight, Senator INHOFE Mr. CRUZ. I yield to the Senator for government bureaucrat may say, Mr. has been with us on saying ObamaCare a question but not the floor. INHOFE, you can get that treatment in is such a train wreck, such a night- Mr. INHOFE. It was interesting. I 6 months or maybe a year. On the other mare, such a disaster that we should don’t think I have ever been referred to hand, perhaps your mom goes in for a defund it. as the senior statesman, but I kind of treatment and the government bureau- I observed earlier, it is one thing for like that. I wondered, when the Sen- crat may say: Ma’am, I am afraid you the young Turks, the so-called wacko ator mentioned the four of us coming don’t get that treatment. We have de- birds, to stand in this spot. It is an- down—he put us in that category. We termined on our schedule we are not al- other thing altogether to see elder have been here for a while. There is one lowing it. statesmen, Senator INHOFE, Senator thing we all four had in common. We That is what happens with socialized PAT ROBERTS, Senator JEFF SESSIONS, all had a career in the real world first. medicine. If you want not to be able to One of the problems we have that I and Senator MIKE ENZI, standing with pick your doctor, if you want a govern- have observed, I say: What do you want us. ment bureaucrat making health care That is significant, particularly when to do? decisions for you instead of you and the leadership of our party is publicly The reply is: Oh, I want to be a Mem- your doctor, then you should welcome urging Republicans to go the other ber of Congress. what Majority Leader REID says is the way. I am grateful for the friendship. I So they leave the fraternity house inevitable result of ObamaCare. That is am grateful for your steadfastness. I and they move to Congress. They have am grateful for the principled and cou- never been in the real world. single-payer government socialized rageous willingness of the Senator People ask me the question: what medicine. That is where this law is from Oklahoma to fight for the Amer- should I do if I want to get into poli- headed. Mr. INHOFE. Would the Senator ican people. tics. I say go out for at least 15 years, I will say it makes a real difference. live under this system, and learn how yield one last time for a question? If you trust what is written in the tough things are. In my case I spent Mr. CRUZ. I yield to the Senator for media, this battle is doomed. Indeed, I over 20 years, did a lot of building and a question without yielding the floor. Mr. INHOFE. I hope my wife will for- recall reading a day or two ago an arti- developing in the State of Texas where give me, because I know she is watch- cle that purported to be an objective Senator CRUZ is from. I have talked to news story—not an editorial—by a re- his father, Raphael, several times ing, or I suspect she is watching be- porter allegedly reporting on the news about this. cause she has an equal interest in this that began with something like: The I remember there I was doing things issue for a totally different reason. Kay and I have been married—our fight to defund ObamaCare, which is that Americans are supposed to do. I doomed to fail. was making money, losing money, ex- 54th wedding anniversary is coming up. That was reported as a fact. There panding the tax base. We have 20 kids and grandkids. was no editorializing, apparently. That Yet the obstacle I had all during She went through an experience, and is just an objective fact that it is those years was the Federal Govern- our whole family went through the ex- doomed to fail. ment, and I was doing what Americans perience with her a short while ago, I would say the momentum has been are supposed to be doing. I remember less than 1 year ago. She discovered she steadily with us. They said this fight that is when I decided. had a serious heart problem with the was doomed to fail 2 months ago. We The last thing I did down in Texas, a aortic valve. I have to praise her for saw the American people unite, over 1.6 pretty good-sized development, and I not telling me anything about it for 4 million Americans, signed a national had to go to 25 governmental agencies months. She knew she was going to petition saying defund ObamaCare now to get a dock permit. I thought, wait a have to have this very serious oper- because it is a train wreck, it is a dis- minute, they are supposed to be on our ation. She is only 1 year younger than aster, and it is hurting Americans. side. I decided I would run to come to I am. She knew she was going to have They said it was doomed to fail, the Congress and try to save the free enter- the operation and she didn’t want to House of Representatives would never prise system. say anything because she didn’t want pass a continuing resolution condi- That is what all four of us have in to worry me. She was writing things tioned on defunding ObamaCare. It common. We may have been here for a out about what things would go to wouldn’t happen. while, but we are here with a cause and what kids because she didn’t think she Then last Friday the House of Rep- here with experience. was going to make it. She thought resentatives did exactly that because How abusive government can be. I there was a good chance she wouldn’t. courageous House conservatives stuck have not seen a time when the abuse is We went through that experience with their neck out and because House lead- greater than it is today on what is hap- her. ership, in an action for which I com- pening to us, to think that we have a I will tell you what is funny. All our mend them, listened to the American policy by the President, as he has been grandkids call us—my name is Inhofe, people. able to sell the idea, get the votes, get so ‘‘I’’ is for Inhofe so they called us This week the press says it is doomed it through, and it is socializing medi- Mom I and Pop I. That is how they to fail that Republicans be united. Yet cine. It is something that has failed have referred to us. Since she had a I would note seeing elder statesman year after year after year in every valve put in her heart that was from a after elder statesman come down and country where they have tried to do it. cow, instead of calling her Mom I, they support us, it indicates the momentum Does my friend from Texas see any- call her Moom I. She went through this that is with this movement. Listen, thing different about the United States very difficult procedure with the best this is not a movement by any 1, 2, 3 or of America, how socialized medicine medical care in St. John’s Medical Cen- 100 Senators. This is a movement from would work here when it hasn’t worked ter in Tulsa, Dr. Robert Garrett, all the the American people. anywhere else? nurses, all the people all the way down.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6824 CONGRESSIONAL RECORD — SENATE September 24, 2013 I was thinking, that is my first expe- of my life, wife’s conduct to anyone ation that is unusual in this town and rience at my age, my senior age, of see- who has had an accident. I would sug- I appreciated that. ing this system work. gest getting medical treatment imme- I thanked the Senator then, but I Where would she have been in Can- diately. I would strongly suggest not wanted to take this opportunity to ada? I have talked to people and they following the path of the wife of the thank the Senator publicly for putting said: No. At her age she would have Senator from Oklahoma and my wife that degree of personal consideration waited in such a long line that she and not telling your husband. in trying to tell not just that I went to probably would not have been able to I would strongly encourage, call your so-and-so college and did this and make it. spouse and let them know. I certainly this—not just the empty biographical It is serious things she is going urge, should that happen again to my facts—but in trying to put a little through. I don’t think I am the only wife: Sweetheart, please let me know color on who this individual is. one who has had this experience, but when it happens and not 12, 14 hours The final point I will make is a point that was a wakeup call. I would hope later. that goes to the substance of some of and suggest to the Senator that other But it is the virtue of marrying the remarks the Senator from Okla- people speak up, even though it is strong women who know what they homa made in the process of asking his somewhat uncomfortable. I thank God want and are able to tackle the world. first question, which is he talked about we had the system that allowed Kay I, for one, am blessed and I have no the battle of HillaryCare. I think it is and me to be able to look forward to doubt that you feel deeply blessed with quite fitting to the battle we are hav- our next 54 years of marriage. 20 kids and grandkids. You know, the ing right now over defunding Mr. CRUZ. I thank the Senator from psalmist talks about my cup runneth ObamaCare. When the battle over Oklahoma for that excellent question, over, bountiful blessings, and 20 kids HillaryCare was occurring—I remem- and I will make several points in re- and grandkids certainly qualifies as ber it well—I was in law school. I sponse; first, is hearing that story of that. wasn’t serving in the Senate. If you re- your wife and her courage. It reminds Indeed, an additional point I wanted member the context at that time, when me, I will confess, I knew there were to make is I wanted to thank the Sen- HillaryCare was playing out, all of the many reasons why the Senator and I ator from Oklahoma for his very kind media said this is unstoppable. All of had become friends, why I like and ad- comments about my father. As the the media said this is going to happen mire the Senator. I discovered yet an- Senator knows, my father has been my and there is nothing the hapless Repub- other. It sounds as if the Senator and I hero my whole life. I have admired him licans can do to stop it. Indeed, there married very similar women. for as long as I can remember. were a number of Republicans who If it is anything like our marriage, at I also want to note something par- came forth and said: We can’t stop this, least in my marriage, I married way, ticularly meaningful the Senator from so we propose, what I derisively re- way, way above myself. Oklahoma did. Every week in the Sen- ferred to at the time as—perhaps due I will tell you a story that your story ate there is a prayer breakfast. It is a to being a law student—HillaryCare reminded me of, which is my wife Heidi bipartisan prayer breakfast, which is light. was taking a car to the airport. The nice. There are not a lot of bipartisan I remember watching that. During car was hit. It was hit by another car, things we do here in the Senate. There the course of that debate, I almost put T-boned. The driver was very upset. are a number of Senators who attend my boot through the television set. I Heidi called 911, and an ambulance regularly, Republicans and Democrats, remember yelling at the TV set a senti- came and took the driver to the hos- and they invite a different Senator ment that perhaps maybe more than a pital. Heidi proceeded to call a cab and each week to share his or her testi- few people watching us feel, where you take the cab to the airport, got on a mony, share some thoughts. Some feel you don’t have a voice in the proc- plane and flew to a business meeting weeks ago I was invited to do so, and I ess. Certainly, as a law student I didn’t she had in New Mexico. felt honored to have the opportunity. I have a voice in the process. But I re- At the end of the meeting she no- had attended the prayer breakfast a member yelling at the TV set: What on ticed: Gosh, I am kind of hurting. My number of times. Earth do we believe? What are we head hurts and my shoulder hurts. She The way it typically works is an- doing? If we are going to accede to went to the hospital that afternoon in other Senator is asked to introduce marching down the road to socialized New Mexico and discovered she had whoever is speaking that day. So at health care, what the heck are we both a concussion and a broken collar- this particular prayer breakfast Sen- doing? I remember saying: All right. To bone. ator INHOFE was asked to introduce me. heck with all of this. I am going to Much like Senator INHOFE relayed, It is really quite interesting to me. Al- move to an island and fish all my life. Heidi did not share this news with her most anyone, when asked to introduce Heck, I’m Cuban. I like to fish. That husband until that evening. She didn’t someone, would do so fairly easily. would be a great life. call me when the accident occurred. Maybe they would print out a bio to And Senator INHOFE will remember, She didn’t call me even when she got pick a little biographical fact or two. because he was part of this effort. At the diagnosis. She called me and was Most treat introductions as fairly rou- the time I was particularly focused on describing her injuries to me. She said: tine efforts, but Senator INHOFE didn’t the Senator from my State of Texas, Sweetheart, I wanted to let you know I treat it that way. He picked up the Senator Phil Gramm. Senator Gramm had a car accident. I am all right, but phone and he called my dad. He picked had been a hero of mine for a long I do have a broken collarbone. I have a up the phone and he called my college time. Indeed, I am particularly honored concussion. roommate. He picked up the phone and that the desk at which I sit used to be Oh, my goodness. It is very dis- called one of my dearest friends here in Senator Phil Gramm’s desk. His name concerting when your wife tells you Washington, for whom Heidi and I are is written on the side drawer. that. She was describing where it hap- the Godparents of their kids. This is one of the curious traditions pened. As she described the street in The Senator made these calls totally of the Senate; that Senators, when Houston, I am thinking: Wait, if it hap- out of the blue and said: Hi, this is JIM they leave the Senate, scrawl their sig- pened in Houston, what are you doing INHOFE. I have been asked to introduce natures on the drawer of the desk. You in New Mexico if you were in a car Ted and I was wondering if you could are actually encouraged to deface gov- wreck in Houston? share any particular stories, and they ernment property, and with some fre- She said: I got on a plane and flew, shared a few mildly embarrassing sto- quency. I hope the next individual for- without going to the doctor, with a ries. Actually, I give them all credit for tunate to have this desk appreciates it. broken collarbone and concussion and finding exactly the right balance of I find it an inspiration to sit at the went to the business meeting, com- stories that were just embarrassing desk that was Senator Phil Gramm’s. pleted the business meeting, before enough but not quite so scandalous But I remember at the time, when it bothering to get treated. that the blood drains from your face seemed the whole stampede in the Re- Let me say to anyone watching this, when they are told. I would say that publican conference back then was lis- I do not commend my wonderful, love showed a personal level of consider- tening to the media, which was saying:

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6825 You can’t win. You must accede to game, it is very simple. I have faith in I remind you, this letter is addressed this. HillaryCare is unstoppable. I re- the American people. And ultimately I to Senate majority leader HARRY REID member Phil Gramm walking out to a have faith, or at least hope, in the 100 and House minority leader NANCY microphone and saying, in his inimi- Members of the Senate. PELOSI. table drawl: This will pass over my I share the frustrations of Americans In campaign after campaign we have put cold, dead political body. across this country that politicians on boots on the ground, gone door-to-door to I have to tell you, when Phil Gramm both sides of the aisle don’t listen to get out the vote, run phone banks and raised said that, it was fairly lonely. He people, that instead the political estab- money to secure this vision. didn’t have a whole lot of allies when lishment in Washington protects itself, So it is worth emphasizing the Team- he marched out and did that. Senator maintains its power, entrenches its sters are not fair-weather friends. They INHOFE knows, because he was part of power and does things like exempt have been active, aggressive, full- that fight and he bears the scars from itself from ObamaCare while letting throated members of the Democratic that fight. But because of that leader- the American people suffer under this coalition and played a significant part ship and standing and fighting—it was train wreck of a disaster—this night- in helping to elect this Democratic ma- very interesting that it ended up where mare. But I also know at the end of the jority in the Senate and helping elect we saw Republicans looking all around, day, if enough people speak up, that this President. and Gramm was standing there and he every Member of this body at some Now this vision has come back to haunt us. didn’t get killed. They all essentially point is compelled to listen to the con- What vision is that? The vision of ran behind him saying: Yeah, yeah, stituents he or she represents. It is why electing Democrats as a majority in what he said. But I am convinced if we I am so encouraged by the outpouring the Senate, electing the President. hadn’t had a handful of leaders back we have seen over the last 191⁄2 hours, Why? Because ObamaCare is the law of then who had the courage to not read with all of the people engaged, all of the land and they are discovering it the papers and believe all those who the people tweeting the hashtag isn’t working. What does Mr. Hoffa say were saying: Oh, we have to concede, ‘‘MakeDCListen.’’ next? The citizen activists are trans- the papers say they have already won, Since the ACA was enacted, we have been we are going to HillaryCare, if we forming this debate. Listen, all of bringing our deep concerns to the Adminis- hadn’t had a handful of leaders willing Washington wants to tell you, the cit- tration, seeking reasonable regulatory inter- to buck the conventional wisdom and izen, it can’t be done. You cannot win. pretations to the statute that would help saying we can win, when they are being Your view will not be listened to. The prevent the destruction of non-profit health told no you can’t, ObamaCare would disaster, the train wreck, the night- plans. As you both know first- hand, our per- mare—and I have used the word night- suasive arguments have been disregarded and have passed 19 years earlier and it met with a stone wall by the White House would have been called HillaryCare in- mare over and over. Let me be clear, for those who are just tuning in, where and the pertinent agencies. stead. That is the power of leadership. Now, let me stop at this point and So everyone in this body who said 2 nightmare comes from. Nightmare is make a comment. For all of you at months ago and who are saying this not my term. Nightmare is the lan- home who are not leaders of powerful morning that we can’t win this fight, I guage that James Hoffa, president of unions and who have been major sup- point out that history is replete with the Teamsters, used to describe porters of the President of the United example after example after example of ObamaCare because it is hurting mil- States, major supporters of the Demo- those who stood up and listened to the lions of Americans. So at some point I cratic majority in the Senate, my American people and fought for the believe, I hope, Republicans will unite guess is you may not have the same ac- principles, for the values the American and that Democratic Senators will cess to the west wing, to the Oval Of- people share, fought for the interests of start listening to their people. It is striking if we listen to the letter fice, to the office of the majority lead- the American people, and who, with from Mr. Hoffa. With permission I want er of the Senate as James Hoffa, head the support of the American people, to share that letter again, because I of the teamsters does. Yet James won those fights. That is what we are fighting for. Lis- think it is powerful, it is potent. It is Hoffa, head of the teamsters says in ten, it is my hope that by the end of something, frankly, I think every Dem- writing that he was met with a stone this process we will see all 46 Repub- ocrat in this body who is supporting wall by the White House and pertinent licans unite in opposing cloture and ObamaCare, who is opposing defunding agencies. Listen, if a major union—that in its saying: No, we are not going to allow ObamaCare, who is going to vote with the majority leader, should be asked own words had boots on the ground, HARRY REID and a bare majority of went door-to-door to get out the vote, Democrats on a partisan political vote about by reporters. I think the Presi- ran phone banks and raised money to to fund ObamaCare. It is my hope over dent should be asked about this letter. Let me just read it. These are not my secure a democratic vision—was met time, once that happens, we start to words, these are the words of the presi- with a stone wall, what do you think get one Democrat after another, after dent of the Teamsters. we the citizens will be met with? Do another to come with us. Now, will that happen now? Probably Dear Leader Reid and Leader Pelosi: When you think this administration listens not. As long as Republicans are pub- you and the President sought our support for to a single mom working at a diner the Affordable Care Act (the ACA), you who is saying ObamaCare is slamming licly divided, no Democrat is going to pledged that if we liked the health plans we join us. But if we unite as Republicans, her and making her life harder? Do you have now, we could keep them. Sadly, that think this administration listens to and if particularly those Democrats promise is under threat. Right now, unless you even if the politically powerful are running for reelection in red States you and the Obama administration enact an where their citizens passionately op- equitable fix, the ACA will shatter not only lamenting what is happening with pose ObamaCare and the damage it is our hard-earned health benefits, but destroy them? Mr. Hoffa continues: doing to the economy, and the damage the foundation of the 40-hour work week that it is doing to jobs, and the damage it is is the backbone of the American middle This is especially stinging because other class. stakeholders have repeatedly received suc- doing to all of the people who are being Now, that is not a Republican saying cessful interpretations for their respective hurt—if they hear from more and more that. That is not a politician saying grievances. Most disconcerting of course is and more of their citizens, 5,000, 10,000, that. That is the head of the Team- last week’s huge accommodation for the em- 20,000, 50,000—that starts to change the ployer community—extending the statu- sters, who supported ObamaCare. The count. torily mandated ‘‘December 31, 2013’’ dead- People have asked over and over: letter continues: line for the employer mandate and penalties. What is the end game? How can you Like millions of other Americans, our Notably, two things are included possibly win? I can’t win. There is no members are front-line workers in the Amer- there. One, Mr. Hoffa on behalf of the ican economy. We have been strong sup- way I can win, nor can any elected offi- porters of the notion that all Americans Teamsters said that deadline for the cial win. The only way we can win is should have access to quality affordable employer mandate is statutorily man- with the American people. That is it. health care. We have also been strong sup- dated; that the law requires it. What he When people ask: What is your end porters of you. is saying there is that the President is

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6826 CONGRESSIONAL RECORD — SENATE September 24, 2013 ignoring the law because it is statu- When you have the Teamsters com- If we are going to listen to the peo- torily mandated. No. 2, it is a gift for ing out and saying this is hurting mil- ple, we need to be honest with the peo- big business that is not being given to lions of working men and women and ple and tell them what we are doing. others. their families, it begs the question: If That is what this fight is about, wheth- Mr. Hoffa continues: Mr. Hoffa can no longer remain silent, er Democratic Senators and Repub- Time is running out: Congress wrote this if the Teamsters can no longer remain lican Senators will listen to the people. law; we voted for you. We have a problem; silent, how long can the Democratic We need to make DC listen. you need to fix it. The unintended con- Members of the Senate remain silent? Mr. VITTER. Will the Senator yield sequences of the ACA are severe. Perverse in- I have no doubt Mr. Hoffa and the for questions and comments without centives are already creating nightmare sce- Teamsters received harsh criticism for yielding the floor? narios: this letter, because politically this let- First, the law creates an incentive for em- Mr. CRUZ. I am happy to yield to my ployers to keep employees’ work hours below ter was inconvenient for the party they friend from Louisiana for a question 30 hours a week. Numerous employers have have supported with time, blood, and without yielding the floor. begun to cut workers’ hours to avoid this ob- treasure. Yet Mr. Hoffa said: We can no Mr. VITTER. I appreciate the Sen- ligation, and many of them are doing so longer remain silent because of the ator’s comments, and certainly his cor- openly. The impact is two-fold: Fewer hours devastation being inflicted on the rect recitation about what the real im- means less pay while also losing our current working men and women of America. pact of ObamaCare is across the coun- health benefits. If that is true, I am hopeful that try, particularly for hard-working men This is the president of the Team- among the 54 Democrats in this body and women. And the Senator is right. sters saying ObamaCare is causing we will see first one and then maybe These descriptive phrases such as workers to have their hours forcibly re- two and then maybe three and then ‘‘nightmare’’ and another one is ‘‘train duced. That means less pay, and they maybe a dozen Democrats with the wreck,’’ are not his words, they are not are losing their current health insur- same courage that James Hoffa shows, my words. They are actually words ance. Anytime the majority leader of the courage to say, Listen, I am willing from supporters of the law. the Senate goes on television and says to make a statement that is contrary ‘‘Nightmare,’’ as the Senator pointed that ObamaCare is working terrifi- to the political leadership of the party out, comes from the leader of the cally, this letter stands in stark con- I belong to and have fought for. Teamsters, a very powerful organiza- trast to that assertion. To any Democrats who are contem- tion on the Democratic side politically Second, millions of Americans are covered plating doing so, let me note that that strongly supported the law. by non-profit health insurance plans like the bucking your party’s leadership inevi- The chairman of the Senate Finance one in which most of our Members partici- tably provokes a reaction, inevitably Committee that helped write the law pate. Those non-profit plans are governed provokes expressions—and often strong jointly by unions and companies under the called ObamaCare implementation a expressions—of displeasure. But let me ‘‘train wreck’’ a few months ago. Not Taft-Hartley Act. Our health plans have been also encourage any Democrats, there coincidentally, that was right before he built over decades by working men and are worse things in life than a few announced he wasn’t running for re- women. Under the ACA as interpreted by the harsh words being tossed your way. To administration, our employees will be treat- election. ed differently and not eligible for subsidies be honest, that pales compared to the I appreciate the notation of those de- suffering of the working men and afforded other citizens. As such, many em- scriptions from folks on the Demo- women of this country who are losing ployees will be relegated to second-class sta- cratic side of the aisle, from folks who tus and shut out of the help the law offers to their jobs, who are losing their health helped pass ObamaCare. This is clear for-profit insurance plans. care, who are being forced into part- proof that this is not ready for prime And finally, even though non-profit plans time work. Any politician who whines time, causing real pain and dislocation like ours won’t receive the same subsidies as ‘‘Someone has said something mean to hard-working Americans: job loss, for-profit plans, they’ll be taxed to pay for about me’’ has totally lost perspective folks being moved into part-time work, those subsidies. Taken together, these re- compared to the hurt the American jobs not being created, folks losing the strictions will make non-profit plans like people are feeling. So I am hopeful. ours unsustainable, and will undermine the I want to appeal to the better angels health care they have now which they health-care market of viable alternatives to enjoy. the big health insurance companies. of our Democratic Senators that they show the same courage Mr. Hoffa But did the Senator know, I think This next paragraph is critical: showed to be willing to buck party the leader of the Teamsters, James On behalf of the millions of working men leadership and speak out for the men Hoffa, is even more upset today than and women we represent— and women who are your constituents. he was when he wrote that letter be- Let me note, that is not hundreds, I make that same plea to the Repub- cause in the intervening time some- that is not thousands, that is millions licans, that you show the courage to thing else has happened, which is that of working men and women we rep- buck party leadership and stand up to the administration bailed out Congress resent: the men and women who are your con- with a special exemption, with a spe- —and the families they support— stituents who are suffering under cial subsidy, with a special rule, hasn’t So millions more ObamaCare. Any Republican who votes helped the working-class Americans —we can no longer stand silent in the face of for cloture, who votes to give HARRY Mr. Hoffa represents through the elements of the Affordable Care Act that will REID the ability to fund ObamaCare on Teamsters, but has bailed out Con- destroy— a 51-vote partisan vote is directly par- gress? not weaken, not undermine, not ticipating in and responsible for fund- That is what I have an amendment slightly impair but destroy ing ObamaCare. on the CR about. It would be a germane —the very health and wellbeing of our mem- If a Republican wants to say openly, amendment. I will present it. Unfortu- bers along with millions of other hard-work- I don’t think we can defund nately, it seems clear that the plan is ing Americans. ObamaCare; I don’t agree with this for the majority leader to block out all We believe that there are commonsense fight, so I am siding with HARRY REID amendments, including mine, except corrections that can be made within the ex- because on principle I think it is right, the ones he chooses that would take isting statute that will allow our members out the defunding language from the to keep their current health plans and bene- I don’t agree with that, but I respect fits just as you and the President pledged. that view. You are entitled to that House-passed bill. Unless changes are made, however, that view. You are entitled to articulate Again, what I am talking about is a promise is hollow. that view. But I will tell you this, I special bailout exemption subsidy for We continue to stand behind real health don’t think you are entitled to vote Congress. This goes back to the origi- care reform, but the law as it stands will with HARRY REID and the Democrats, nal ObamaCare debate, and our distin- hurt millions of Americans including mem- give HARRY REID and the Democrats guished colleague Senator GRASSLEY of bers of our respective unions. Iowa proposed language which so many We are looking to you to make sure these the ability to fund ObamaCare, and changes are made. then go to your constituents and say, I of us strongly supported that said James P. Hoffa, General President, Inter- agree with defunding ObamaCare. You every Member of Congress and all con- national Brotherhood of Teamsters. don’t get it both ways. gressional staff would have to go to the

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6827 same fallback plan under ObamaCare subsidy completely unavailable to equally in full force and in the same as there is for all Americans. First it other Americans. That is not right, and way to those who make up the rules. was called the public option, then even- that is why I have an amendment. I That is what this specific part of this tually the exchange. tried to present it last week, was debate is all about. Amazingly, happily—I was pleasantly blocked out by the majority leader. I I again thank the Senator from surprised at the time, that language am here again on the CR. It is impor- Texas for his leadership on this and the got in the bill and was passed into law. tant, it is necessary we vote, and we general issue. I ask, does he think, now That became a classic case of what should, before October 1, when this ille- that that special exemption has come NANCY PELOSI said: We have to pass the gal rule will otherwise go into effect. out since the Hoffa letter, would he bill to figure out what is in it. Because My amendment is simple. It negates guess Mr. Hoffa is more or less upset after that language got in the bill and that illegal rule. It says, Yes, every now that Washington has been pro- passed into law, then lots of folks Member of Congress, all congressional tected but the working Americans Mr. around Capitol Hill read that provision staff. And, oh, by the way, other Wash- Hoffa represents are still in the dire and they said, Oh, you know what, they ington policymakers—the President, straits described in that letter? said, Wait a minute. We can’t live with the Vice President, all of their polit- Mr. CRUZ. I thank the Senator from this. We can’t deal with this, because ical appointees—have to go to the ex- Louisiana for that very good question. we are going to be in the same fallback change with no special treatment, no I thank him also for his support of this plan as there is for every other Amer- special exemption, no special subsidy effort, his vocal support, his support ican with no special treatment. We unavailable to other Americans. So if from day one. I thank him for appear- can’t deal with that. you are a lower paid staff member and ing with us last night, appearing with Then, because of that, furious lob- you qualify by your income for a sub- us today, standing together to defund bying started on the Obama adminis- sidy available to every other American ObamaCare, standing together to op- tration, folks such as the distinguished who goes to the exchange at that in- pose cloture because it would empower majority leader talking directly to come level, fine. That is certainly HARRY REID and the Democrats to fund President Obama himself, saying, We available. That is equal treatment. ObamaCare with a partisan 51-vote, need a bailout. We need a special fix, a That is Washington being treated like party-line vote. It would shut out special rule just for us. the rest of America, but no special ex- amendments to address and ameliorate Sure enough, that lobbying yielded emption or bailout or subsidy, only the harms that are coming from results. By many press reports, Presi- those available to all other Americans ObamaCare that are hurting hard- dent Obama got personally involved to going to the exchange. working Americans. ensure that a special rule was issued by We need a vote on this provision. It is As to the question the Senator from his administration. The draft version directly relevant to the CR. It is di- Louisiana asked, I certainly do not of it was issued conveniently just after rectly relevant to this debate. want to put words in Mr. Hoffa’s Congress left town for the August re- This illegal Obama administration mouth. He is quite capable of speaking cess and got away from the scene of the rule will go into effect October 1 unless for himself. But I cannot imagine, crime. That draft rule is completely we act. That is why I demanded a time- given the language of his letter, that improper, completely illegal, because ly vote last week. Unfortunately, it the exemption for Congress would be in it goes beyond the statute and is incon- was blocked out by the majority lead- any way different from the exemption sistent with the statute, but it is a spe- er. After threatening and bullying did for big business. They are both exemp- cial exemption for Congress. It essen- not work, he claimed he had no objec- tions for political friends of the admin- tially does two things: istration. According to the language of First, even though the ObamaCare tion to the vote. But still he did not let his letter, he expressed dismay that statute explicitly says that every it happen. Here we are in the CR debate and Member of Congress, all congressional they and other political friends of the that is why we need that debate and official staff have to go to the ex- administration did not get an exemp- that vote now. What the problem is, change, the rule basically negates that tion. and it is clearly the plan of the major- I will note part of that letter is ask- in a way and says, Well, we don’t know ity leader, it is clear this upcoming ing: Give us a special exemption too. what ‘‘official staff’’ means, so we are But that did not happen. But I will going to leave it up to each individual cloture vote would block all that out make a prediction. If the Senate Member to decide which of their staff again. The majority leader would get doesn’t act now, doesn’t defund is official and which is not, who has to his select amendments to take out of go to the exchange and who doesn’t. the House bill the provision that ObamaCare, if it doesn’t stand and stop The statute doesn’t say that. The defunds ObamaCare but nobody else this, before President Obama leaves the statute is very clear: All congressional would get any other amendment. I White House he will grant an exemp- official staff have to go to the ex- would not get a vote on my amend- tion to those union bosses. It is the change. There is no discretion to indi- ment. There are plenty of other rel- trifecta of the privileged classes being vidual Members. evant and germane amendments. We excepted. I understand politically it Then the second thing that this spe- would not have votes on those. That is was an inopportune time to grant that cial rule, this special exemption does is the plan being laid out for this week now. It would be lawless, it would be even more egregious. It says, Oh, and and that is what voting yes on cloture contrary to law to grant an exemption by the way, whoever does go to the ex- on the bill will enable. So I cannot do to the union bosses but it is also con- change, whatever Members and what- that. trary to law to grant an exemption to ever congressional staff do go to the I commend the Senator from Texas big business and Members of Congress exchange, they get a huge taxpayer- for helping lead this fight, helping and that hasn’t slowed the President funded subsidy that follows them point out the dangers and the tragedies down. If he is willing to disregard the there. That is not in the statute. That of ObamaCare, particularly for working law for them, there is no reason to is nowhere in ObamaCare. That is no- men and women and also for sup- think he would not be willing to dis- where in that Grassley provision as porting the broader effort to make regard the law for his union boss passed into law. In fact, there are other sure, however America is treated, friends except for the fact right in the sections of ObamaCare that make it Washington should be treated exactly middle of the defund debate it is not crystal clear that employees who go to the same. That should be the first rule rocket science that that would not be the exchange lose their previous sub- of democracy. ideal politics. sidy from their large employer that The Founders talked about that basic The courage of the Senator from they may have enjoyed previously. principle, Federalist Paper No. 57 by Louisiana in introducing his amend- That is clear in the law, completely in- Madison. He specifically talks about ment—he has endured vilification that consistent with this illegal rule made this basic principle: Whatever is good has been beyond the pale and I appre- up out of thin air. for America needs to be good for Wash- ciate his courage standing for the basic So Washington is getting a special ington. Whatever is applied to those principle that Congress should be exemption, a special bailout, a special who are ruled needs to be applied bound by the same rules as everyone

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6828 CONGRESSIONAL RECORD — SENATE September 24, 2013 else. The American people, millions of hall Patrick Henry had once thundered: ‘‘I to reestablish the reign of peace and law. Americans, should not be put onto ex- am no longer a Virginian, sir, but an Amer- ‘‘The eyes of Europe are fixed upon us. She changes subject to pain that Members ican.’’ But today the loud, sometimes bitter demands of us a living example of freedom of Congress are not. We should not op- argument stilled, and without fanfare the that may exhibit a contrast in the felicity of vote was taken from north to south by colo- the citizen to the ever-increasing tyranny erate under the principle one rule for nies, as was the custom. On July 4, 1776, the which desolates her polluted shores. She in- thee, a different one for me. Declaration of Independence was adopted. vites us to prepare an asylum where the un- For all of you who say this fight is There were no trumpets blown. No one happy may find solace, and the persecuted not winnable, I would like to share a stood on his chair and cheered. The after- repost. letter talking about fighting and win- noon was waning and Congress had no ‘‘If we are not this day wanting in our ning unwinnable fights, because none thought of delaying the full calendar of rou- duty, the names of the American Legisla- of us can win this fight but the Amer- tine business on its hands. For several hours tures of 1776 will be placed by posterity at ican people can. they worked on many other problems before the side of all of those whose memory has adjourning for the day. Fans of Rush Limbaugh know that been and ever will be dear to virtuous men Much To Lose and good citizens.’’ every year he reads something that his What kind of men were the 56 signers who Though the resolution was formally adopt- father wrote about the true story of adopted the Declaration of Independence and ed July 4, it was not until July 8 that two of the price paid by the signers of the who, by their signing, committed an act of the states authorized their delegates to sign, Declaration of Independence. I think it treason against the crown? To each of you, and it was not until August 2 that the sign- is fitting to read this morning. It is the names Franklin, Adams, Hancock and ers met at Philadelphia to actually put their called ‘‘The Americans Who Risked Ev- Jefferson are almost as familiar as house- names to the Declaration. hold words. Most of us, however, know noth- William Ellery, delegate from Rhode Is- erything.’’ ing of the other signers. Who were they? ‘‘Our Lives, Our Fortunes, Our Sa- land, was curious to see the signers’ faces as What happened to them? they committed this supreme act of personal cred Honor’’ I imagine that many of you are somewhat courage. He saw some men sign quickly, It was a glorious morning. The sun was surprised at the names not there: George ‘‘but in no face was he able to discern real shining and the wind was from the southeast. Washington, Alexander Hamilton, Patrick fear.’’ Stephan Hopkins, Ellery’s colleague Up especially early, a tall bony, redheaded Henry. All were elsewhere. from Rhode Island, was a man past 60. As he young Virginian found time to buy a new Ben Franklin was the only really old man. signed with a shaking pen, he declared: ‘‘My thermometer, for which he paid three Eighteen were under 40; three were in their hand trembles, but my heart does not.’’ pounds, fifteen shillings. He also bought 20s. Of the 56 almost half—24—were judges ‘‘Most Glorious Service’’ gloves for Martha, his wife, who was ill at and lawyers. Eleven were merchants, nine Even before the list was published, the home. were landowners and farmers, and the re- British marked down every member of Con- Thomas Jefferson arrived early at the maining 12 were doctors, ministers, and poli- gress suspected of having put his name to statehouse. The temperature was 72.5 degrees ticians. With only a few exceptions, such as treason. All of them became the objects of and the horseflies weren’t nearly so bad at Samuel Adams of Massachusetts, these were vicious manhunts. Some were taken. Some, that hour. It was a lovely room, very large, men of substantial property. All but two had like Jefferson, had narrow escapes. All who with gleaming white walls. The chairs were families. The vast majority were men of edu- had property or families near British strong- comfortable. Facing the single door were two cation and standing in their communities. holds suffered. They had economic security as few men had brass fireplaces, but they would not be used Francis Lewis, New York delegate today. in the 18th Century. Each had more to lose The moment the door was shut, and it was from revolution than he had to gain by it. saw his home plundered—and his es- always kept locked, the room became an John Hancock, one of the richest men in tates in what is now Harlem—com- oven. The tall windows were shut, so that America, already had a price of 500 pounds pletely destroyed by British Soldiers. loud quarreling voices could not be heard by on his head. He signed in enormous letters so Mrs. Lewis was captured and treated passersby. Small openings atop the windows that his Majesty could now read his name with great brutality. Though she was allowed a slight stir of air, and also a large without glasses and could now double the re- later exchanged for two British pris- number of horseflies. Jefferson records that ward. Ben Franklin wryly noted: ‘‘Indeed we oners through the efforts of Congress, ‘‘the horseflies were dexterous in finding must all hang together, otherwise we shall necks, and the silk of stockings was nothing most assuredly hang separately.’’ Fat Ben- she died from the effects of her abuse. to them.’’ All discussing was punctuated by jamin Harrison of Virginia told tiny Elbridge William Floyd, another New York dele- the slap of hands on necks. Gerry of Massachusetts: ‘‘With me it will all gate, was able to escape with his wife and On the wall at the back, facing the presi- be over in a minute, but you, you will be children across Long Island Sound to Con- dent’s desk, was a panoply—consisting of a dancing on air an hour after I am gone.’’ necticut, where they lived as refugees with- drum, swords, and banners seized from Fort These men knew what they risked. The out income for seven years. When they came Ticonderoga the previous year. Ethan Allen penalty for treason was death by hanging. home they found a devastated ruin. and Benedict Arnold had captured the place, And remember, a great British fleet was al- Philips Livingstone had all his great hold- shouting that they were taking it ‘‘in the ready at anchor in New York Harbor. ings in New York confiscated and his family name of the Great Jehovah and the Conti- They were sober men. There were no driven out of their home. Livingstone died in nental Congress!’’ dreamy-eyed intellectuals or draft card 1778 still working in Congress for the cause. Now Congress got to work, promptly tak- burners here. They were far from hot-eyed Louis Morris, the fourth New York dele- ing up an emergency measure about which fanatics yammering for an explosion. They gate, saw all his timber, crops, and livestock there was discussion but no dissension. ‘‘Re- simply asked for the status quo. It was taken. For seven years he was barred from solved: That an application be made to the change they resisted. It was equality with his home and family. Committee of Safety of Pennsylvania for a the mother country they desired. It was tax- John Hart of Trenton, New Jersey, risked supply of flints for the troops at New York.’’ ation with representation they sought. They his life to return home to see his dying wife. Then Congress transformed itself into a were all conservatives, yet they rebelled. It Hessian soldiers rode after him, and he es- committee of the whole. The Declaration of was principle, not property, that had brought caped in the woods. While his wife lay on her Independence was read aloud once more, and these men to Philadelphia. Two of them be- deathbed, the soldiers ruined his farm and debate resumed. Though Jefferson was the came presidents of the United States. Seven wrecked his homestead. Hart, 65, slept in best writer of all of them, he had been some- of them became state governors. One died in caves and woods as he was hunted across the what verbose. Congress hacked the excess office as vice president of the United States. countryside. When at long last, emaciated by away. They did a good job, as a side-by-side Several would go on to be U.S. Senators. hardship, he was able to sneak home, he comparison of the rough draft and the final One, the richest man in America, in 1828 found his wife had already been buried, and text shows. They cut the phrase ‘‘by a self- founded the Baltimore and Ohio Railroad. his 13 children taken away. He never saw assumed power.’’ ‘‘Climb’’ was replaced by One, a delegate from Philadelphia, was the them again. He died a broken man in 1779, ‘‘must read,’’ then ‘‘must’’ was eliminated, only real poet, musician and philosopher of without ever finding his family. then the whole sentence, and soon the whole the signers. (It was he, Francis Hopkinson Dr. John Witherspoon, signer, was presi- paragraph was cut. Jefferson groaned as they not Betsy Ross who designed the United dent of the College of New Jersey, later continued what he later called ‘‘their depre- States flag.) called Princeton. The British occupied the dations.’’ ‘‘Inherent and inalienable rights’’ Richard Henry Lee, a delegate from Vir- town of Princeton, and billeted troops in the came out ‘‘certain unalienable rights,’’ and ginia, had introduced the resolution to adopt college. They trampled and burned the finest to this day no one knows who suggested the the Declaration of Independence in June of college library in the country. elegant change. 1776. He was prophetic in his concluding re- Judge Richard Stockton, another New Jer- A total of 86 alterations were made. Al- marks: ‘‘Why then sir, why do we longer sey delegate signer, had rushed back to his most 500 words were eliminated, leaving delay? Why still deliberate? Let this happy estate in an effort to evacuate his wife and 1,337. At last, after three days of wrangling, day give birth to an American Republic. Let children. The family found refuge with the document was put to a vote. Here in this her arise not to devastate and to conquer but friends, but a Tory sympathizer betrayed

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6829 them. Judge Stockton was pulled from bed in ment. Several lost wives, sons or entire fami- pattern of Washington, of empty the night and brutally beaten by the arrest- lies. One lost his 13 children. Two wives were showboats, of fixed procedures, and ig- ing soldiers. Thrown into a common jail, he brutally treated. All were at one time or an- noring the will of the people? Instead, was deliberately starved. Congress finally ar- other the victims of manhunts and driven let’s come together—much like James ranged for Stockton’s parole, but his health from their homes. Twelve signers had their was ruined. The judge was released as an in- homes completely burned. Seventeen lost ev- Hoffa, president of the Teamsters, valid, when he could no longer harm the erything they owned. Yet not one defected or has—and say: We will remain silent no British cause. He returned home to find his went back on his pledged word. Their honor, longer. We cannot ignore the suffering estate looted and did not live to see the tri- and the nation they sacrificed so much to of the millions of Americans who have umph of the Revolution. His family was create is still intact. lost their jobs, cannot find jobs, have forced to live off charity. And, finally, there is the New Jersey sign- had their hours forcibly reduced to 29 Robert Morris, merchant prince of Phila- er, Abraham Clark. hours a week, facing skyrocketing delphia, delegate and signer, met Washing- He gave two sons to the officer corps in the health insurance premiums, and are ton’s appeals and pleas for money year after Revolutionary Army. They were captured losing or are at risk of losing their year. He made and raised arms and provi- and sent to that infamous British prison sions which made it possible for Washington hulk afloat in New York Harbor known as health insurance. to cross the Delaware at Trenton. In the the hell ship Jersey, where 11,000 American Our constituents, the American peo- process he lost 150 ships at sea, bleeding his captives were to die. The younger Clarks ple, are hurting and suffering, and it is own fortune and credit almost dry. were treated with a special brutality because the role of Congress to answer their George Clymer, Pennsylvania signer, es- of their father. One was put in solitary and call. All of us must listen to the people. caped with his family from their home, but given no food. With the end almost in sight, Together we must make DC listen. their property was completely destroyed by with the war almost won, no one could have Mr. RUBIO. Would the Senator from the British in the Germantown and Brandy- blamed Abraham Clark for acceding to the Texas yield for a question and a com- wine campaigns. British request when they offered him his ment without yielding the floor? Dr. Benjamin Rush, also from Pennsyl- sons’ lives if he would recant and come out vania, was forced to flee to Maryland. As a Mr. CRUZ. I am happy to yield to my for the King and Parliament. The utter de- friend from Florida for a question with- heroic surgeon with the army, Rush had sev- spair in this man’s heart, the anguish in his eral narrow escapes. very soul, must reach out to each one of us out yielding the floor. John Martin, a Tory in his views previous down through 200 years with his answer: Mr. RUBIO. First of all, that is a to the debate, lived in a strongly loyalist ‘‘No.’’ very inspirational letter that the Sen- area of Pennsylvania. When he came out for The 56 signers of the Declaration Of Inde- ator read, and it reminds us of our independence, most of his neighbors and even pendence proved by their every deed that shared legacy as a nation. It also some of his relatives ostracized him. He was they made no idle boast when they composed makes me appreciate the freedoms we a sensitive and troubled man, and many be- the most magnificent curtain line in history. have in this country, and the oppor- lieved this action killed him. When he died ‘‘And for the support of this Declaration tunity to stand here today and have in 1777, his last words to his tormentors with a firm reliance on the protection of di- were: ‘‘Tell them that they will live to see this vibrant debate. I am reminded vine providence, we mutually pledge to each that around the world people don’t the hour when they shall acknowledge it [the other our lives, our fortunes, and our sacred signing] to have been the most glorious serv- honor.’’ have this opportunity. I am reminded ice that I have ever rendered to my coun- My friends, I know you have a copy of the that around the world people are still try.’’ Declaration of Independence somewhere losing not just their freedom but their William Ellery, Rhode Island delegate, saw around the house—in an old history book lives for the purposes of speaking out. his property and home burned to the ground. (newer ones may well omit it), an encyclo- I will confess that I hope we can Thomas Lynch, Jr., South Carolina dele- pedia, or one of those artificially aged avoid the hanging part of the situation gate, had his health broken from privation ‘‘parchments’’ we all got in school years ago. and exposures while serving as a company the Senator have outlined, and I am I suggest that each of you take the time this sure we will because we are so blessed commander in the military. His doctors or- month to read through the text of the Dec- dered him to seek a cure in the West Indies to live in this Republic. laration, one of the most noble and beautiful I do something every week where I and on the voyage, he and his young bride political documents in human history. were drowned at sea. There is no more profound sentence than take letters from my constituents, Edward Rutledge, Arthur Middleton, and this: ‘‘We hold these truths to be self-evi- read them in a video on the air, and Thomas Heyward, Jr., the other three South dent, that all men are created equal, that then I answer them. I call it the con- Carolina signers, were taken by the British they are endowed by their Creator with cer- stituent mailbox. I have been doing in the siege of Charleston. They were carried tain unalienable rights, that among these that since I have gotten here. It is im- as prisoners of war to St. Augustine, Florida, are Life, Liberty, and the pursuit of Happi- where they were singled out for indignities. portant because it allows us to answer ness . . . ’’ They were exchanged at the end of the war, the real questions of real people, and These are far more than mere poetic words. the British in the meantime having com- their comments. The underlying ideas that infuse every sen- pletely devastated their large landholdings They are not always nice letters, by tence of this treatise have sustained this na- and estates. tion for more than two centuries. They were the way, but we address those too be- Thomas Nelson, signer of Virginia, was at forged in the crucible of great sacrifice. They cause that is important. One of the the front in command of the Virginia mili- are living words that spring from and satisfy benefits we have with the advances in tary forces. With British General Charles the deepest cries for liberty in the human technology is that the people we serve Cornwallis in Yorktown, fire from 70 heavy spirit. ‘‘Sacred honor’’ isn’t a phrase we use and work for can now reach us directly American guns began to destroy Yorktown much these days, but every American life is piece by piece. Lord Cornwallis and his staff and speak to us in real time as opposed touched by the bounty of this, the Founders’ moved their headquarters into Nelson’s pala- to the days gone by where people had legacy. It is freedom, tested by blood, and tial home. While American cannonballs were trouble accessing their elected offi- watered with tears. making a shambles of the town, the house of cials. Governor Nelson remained untouched. Nel- That is the story of the Signers of So, with Senator CRUZ’s indulgence— son turned in rage to the American gunners the Declaration of Independence. It is as you have given me time but have and asked, ‘‘Why do you spare my home?’’ the story of our shared legacy. not yielded the floor—I would like to They replied, ‘‘Sir, out of respect to you.’’ I will make this note to my friends read a few e-mails I have received. Nelson cried, ‘‘Give me the cannon!’’ and on the Republican side of the aisle and The first e-mail is from someone fired on his magnificent home himself, the Democratic side of the aisle, as named Luis. He lives in Cutler Bay, smashing it to bits. But Nelson’s sacrifice was not quite over. He had raised $2 million Benjamin Franklin wryly noted: In- FL, which is south Florida down where for the Revolutionary cause by pledging his deed, we must all hang together, other- I live in Miami-Dade County. own estates. When the loans came due, a wise we should most assuredly hang Here is what he writes: newer peacetime Congress refused to honor separately. There are so many companies with a large them, and Nelson’s property was forfeited. That is the message all of us should number of part time workers. The latest He was never reimbursed. He died, impover- think about. Are we going to hang sep- company Trader Joes in which I have a fam- ished, a few years later at the age of 50. arately because we disregarded the will ily member will lose her part time health Lives, Fortunes, Honor benefits because of ObamaCare. She works as Of those 56 who signed the Declaration of and the view of our constituents and a substitute English teacher in New Jersey Independence, nine died of wounds or hard- have given in to the Washington estab- and the job does not offer any health benefits ships during the war. Five were captured and lishment or are we going to stand to- to part time substitute teachers. She has to imprisoned, in each case with brutal treat- gether and say: Let’s break the broken be a full time teacher in order to receive

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6830 CONGRESSIONAL RECORD — SENATE September 24, 2013 health benefits. She decided not to leave her colleges. They are the backbone of re- ture. Whether it’s in the numbers or not, it job at Trader Joes because they offered her training, but also the only access point is affecting small and medium-sized busi- health benefits as a part time worker. Put available to many of our people. So if nesses. They’re not going to hire until they yourselves as present grandparents and par- know what their costs are going to be. ents in her own situation what a hard pill to you are out there trying to work to We don’t know what the rules are going to swallow. What is she supposed to do now? support your family—let’s say you are be, but they haven’t written half of the rules This letter talks about a family a single parent trying to raise three . . . and it is affecting businesses out there. member of hers who is a part-time kids and you have to work during the That’s why our industry is growing quite rapidly. teacher in New Jersey, but also works day—community college is also one of at a restaurant called Trader Joe’s. the few places where you can get an ad- So here we have a person tied to the The reason why she works there is for vanced degree and the skills you need government basically saying these the health benefits that she is offered, for a better job. One of the best ways to guys don’t know what they are talking but now she is losing that. Unfortu- improve your pay and your economic about; the numbers don’t bear this out. nately she is not alone. security is to get an education. Com- And then we have someone who re- This is an article from Bloomberg munity colleges are an access point for minds them that he is on the front from September 19 of this year. It high- people all over the country. I am a lines. That is what Mr. Funk is doing. lights all these upheavals that are huge fan of community colleges. We He is very clear. He says, ‘‘We are out going on by private employers. UPS is have great ones in Florida. She is a there on Main Street and Obamacare is dropping coverage for employed part-time employee of Valencia College affecting the job hiring picture.’’ spouses; IBM is reworking its retiree in Orlando. She continues: Listen again to what Patty from Kis- benefits. Let me explain that one for a My hours too have been cut from 29 hours simmee says in her e-mail. This is what second. They are going to send their re- to 25 hours to avoid any negative impact of she says: tirees to the private exchanges. They the Obamacare health care act. I have nu- I have lost the hours that made it possible to live in a severely reduced income and said the move was made to help keep merous e-mails from my supervisor and human resources stating that my hours are know that I will never get those hours back premiums low for the rest of their being cut specifically because of this. as positions have been created by the extra workers that are impacted by I have lost the hours that made it possible hours. ObamaCare. to live in a severely reduced income and Do my colleagues know what she is Walgreens, the largest U.S. drugstore know that I will never get those hours back saying? She is saying what they have chain, has told 160,000 workers that as positions have been created by the extra done is reduced her hours and then just hours, so we have more people working and they must buy insurance through a pri- hired additional people to make it up. vate exchange rather than continuing earning less. I am not really asking any- thing; I’d just like you to know what this They have created another part-time to have it offered by the company, by job to make up for it. This is the im- Walgreens. They are not alone. Stan- government is doing to my ability to sur- vive. pact of ObamaCare. ford University researchers voiced con- By the way, with all due respect to cerns in a study last week. They wrote This is not an e-mail from a million- aire or a billionaire. This is not an e- my colleagues, I will tell my colleagues that ‘‘the rising premiums can drive right now in case people are wondering, workers from employer plans to cov- mail from someone who has made it and is making a ton of cash. This is an every single member of the Republican erage under the health law, boosting Conference here in the Senate is pre- costs for the government by as much as e-mail from a part-time worker at a community college with desperation pared to repeal ObamaCare right now. $6.7 billion.’’ The debate we are having in the party There are other examples of busi- that comes out in the e-mail: a part- time worker losing hours. Did we know is about the tactics, the right way to nesses that are doing this. I talked do it. The one thing I would say, how- about Trader Joe’s. That is a closely- what those hours mean, 4 hours a week of a pay cut to someone? She writes ever, is what the last day has provided held supermarket chain. I said a res- us, which is an extraordinary oppor- taurant. I apologize, it is a super- about it. She says: ‘‘I would just like you to know what this government is tunity to tell these stories. market chain. It said it would end There is more. Here is an e-mail from doing to my ability to survive.’’ health benefits next year for part-time Bill in Panama City, FL. That is in Do we want to know why a growing workers. northwest Florida, a great place for number of Americans are starting to This is the real disruption in real spring break if you are in college and doubt whether the American dream is lives. So one thing is to stand here and can afford to go. Maybe you lost your have people debate about the theory of still alive? Read this e-mail. Unfortunately, we are hearing stories part-time job so now you can’t. Bill ObamaCare and what great things it says: might do for some people, according to about this all the time. Here is an arti- cle from CNBC published Monday, Sep- This is just a note to let you know that the supporters of this law. Another you can include me as another one of your thing is to put a human face on the tember 23, this week. It leads off with constituents who has seen my health care story. We already know, just from this this line: cost go up by over $200 a month. I also just e-mail alone, of one person in America, With open enrollment for Obamacare about learned that my girlfriend, who works for a living in New Jersey, a part-time to begin, small- and medium-sized businesses major corporation, is losing her health care teacher and a worker at Trader Joe’s are not hiring because of the uncertainty after she retires because of Obamacare. I who has lost her benefits and will now surrounding the implementation of the new hope you will continue your fight to defund be thrown into this uncertain world of law, the CEO of the Nation’s fifth-largest this disastrous bill. staffing company said on Monday. I wish, Bill, that—I obviously feel exchanges, because of this law, because Companies are really not interested in hir- of ObamaCare. ing full-time people. ‘‘That’s really the issue terrible for the situation you are facing Here is another e-mail. This one with Obamacare,’’ Express Employment Pro- and certainly for the situation your comes from Kissimmee, FL. That is in fessionals boss Bob Funk told CNBC’s girlfriend is facing. Unfortunately, you central Florida. My colleagues may ‘‘Squawk Box’’ on Monday. are not alone. know that as the home of Walt Disney By the way, Mr. Funk is the former Let me read something to my col- World. This is from Patty. She writes: chairman of the Kansas City Federal leagues that Jim Angle from Fox News As mentioned in your letter— Reserve. published on the 24th of this month, I She is referring to a letter I sent to Now, someone—the former auto czar guess that was yesterday, right? He Secretary Sebelius— at Treasury, Mr. Steve Rattner—dis- tells the story of Andy and Amy urging her to visit Sea World to discuss the putes his assertions. He says: Mangione of Louisville, KY, and of impact of ObamaCare that will be enacted in I don’t think with the approach of their two boys. He leads off by saying: the near future, I— Obamacare you see in the numbers people These are just the kind of people who Patty, the writer of this letter— suddenly stopping hiring. should be helped by ObamaCare, but they re- cently got a nasty surprise in the mail. am a part-time employee at Valencia College Mr. Funk argues—and he counters ‘‘When I saw the letter when I came home in Orlando. very persuasively—he says: from work,’’ Andy said, describing the large Valencia is a community college. By We’re out there on Main Street and red wording on the envelope from his insur- the way, I am a big fan of community Obamacare is affecting the job hiring pic- ance carrier, (it said) ‘‘your action required,

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6831 benefit changes, act now.’’ Of course I opened It is starting to sound like a broken No. 2, what are these companies it immediately. record. doing in order to offer these plans? Guess what that letter that was in Many healthcare workers are being cut in They are basically narrowing the doc- the mail said? It had stunning news. hours due to Obamacare. My company tried tors and the hospitals that will see His insurance—the insurance for his to offer me an insurance plan that I could af- you. One may say, at least I get to go family, his two boys, his wife and ford to purchase, but I received a letter stat- to a hospital or a doctor. Let me tell him—insurance they were buying on ing that it didn’t meet the standards of the my colleagues where the problem is. Affordable Care Act, and so I had until Janu- the individual marketplace—was going ary 1st to purchase more costly insurance or Remember what they said when this to almost triple next year, from $333 a have consequences. passed? If you have health insurance month to $965 a month. In the letter, She writes: and you like it, if you have a doctor the carrier made it clear that the in- This is a terrible, despicable law— and you are happy with that doctor, crease was in order to be compliant you can keep it? Not if you are on the And I agree— with the new health care law. exchange. If they are narrowing the He goes on to say: that has damaged many more people than just myself. number of people, the number of doc- This isn’t a Cadillac plan, this isn’t even a tors and providers, that means chances Then she closes with this extremely silver plan. This is a high deductible plan are that you will no longer be able to powerful sentence. This is not from a where I’m assuming a lot of risk for my keep going to the same doctor and the millionaire or a billionaire, from the health insurance for my family. And nothing same hospital you were going to before. has changed, our boys are healthy—they’re infamous 1-percenters that we hear young—my wife is healthy, I’m healthy. these protesters against. This is from a So now let’s work that out. Let’s Nothing in our history has changed to war- nurse in Florida, and here is what she walk through this for a second. Put rant a tripling of our premiums. finishes with: yourself in the position of this nurse His wife adds: I just want to live in a free country where who wrote to us. Let’s say you are Well, I’m the one that does the budget. I can work hard and support myself. Repeal chronically ill. Let’s say your child has Eventually, I’ve got that coming down the Obamacare. asthma or some other condition. Let’s pike that I gotta figure out what we’re gonna Well, one may ask themselves: Is this say you have four healthy kids but you do, to afford a $1,000 a month premium. have to take them to the doctor at The insurance carrier, Humana, declined to really happening? People are losing ac- cess to their coverage? Let me read least once a year, right? You love the comment, but the notice to the Mangiones doctor you go to. They know your fam- carried this paragraph: If your policy pre- something from a conservative, right- mium increased, you should know that this wing newspaper, ‘‘The New York ily and your history. When you have a isn’t unique to Humana—premium increases Times,’’ dated September 22, 2013: problem you can call them on the generally will occur industry-wide. Federal officials often say that health in- phone at 2 in the morning and you get Increases aren’t based on your individual surance will cost consumers less than ex- a call right back, avoiding emergency claims or changes in your health status. pected under President Obama’s health care room visits, by the way; you can get It continued: law. But they rarely mention one big reason: your doctor on the phone. Now you Many other factors go into your premium, Many insurers are significantly limiting the wake up and all of a sudden your com- including: ACA compliance— choices of doctors and hospitals available to pany comes to you and says the insur- consumers. which is ObamaCare— ance plan you are on right now, we are One more impact of ObamaCare. Including the addition of new essential not offering it anymore, go get it on health benefits. . . . They have created smaller networks of the exchange. doctors and hospitals than are typically Robert Zirkelbach, who is the found in the commercial insurance plans. So you go over to the exchange and spokesman for American Health Insur- In a new study, the Health Research you find two things: No. 1, it is more ance Plans, which represents insurers, Institute of PricewaterhouseCoopers, expensive, and, No. 2, your doctor ain’t explains that: the consulting company, says that ‘‘in- on the plan. That is a broken promise. For people who currently choose to pur- surers passed over major medical cen- That is specifically what they said this chase a high-deductible, low-premium policy law would not do, and that is what it is that is more affordable for them, they are ters’’ when selecting providers in Cali- fornia, Illinois, Indiana, Kentucky and doing. now being required to add all of these new This is the real-life story of what is benefits to their policy. That, Tennessee, among other states. happening. You want to know why He says, In New Hampshire, Anthem Blue Cross and Blue Shield, a unit of WellPoint, one of the there is passion about this issue? You is going to add to the cost of their health in- Nation’s largest insurers, has touched off a want to know why every Republican surance premiums. furor by excluding 10 of the state’s 26 hos- Member of the Senate wants to repeal This is a real life story. It is not a pitals from the health plans that it will sell this thing? You want to know why pri- letter from a millionaire or billionaire, through the insurance exchange. vately some Democrats wish it would Anthem is the only commercial carrier of- and this is not the story of a million- go away? Because of this. This is whom aire or billionaire; this is the story of fering health plans in the New Hampshire ex- change. we are fighting for. This is not just a a husband and wife and two children fight against a bad law. This is a fight who are buying insurance as individ- What does this mean? Let me tell my colleagues what it means. ObamaCare on behalf of people across this country uals from the individual marketplace who are going to get hurt by this. who will now have to cobble together says if you can’t find insurance, we are By the way, I have no idea—these another $700 a month and they have no going to set up these government ex- people who have written me or others idea how they are going to do it. This changes. Theoretically, that is not a who are suffering, I do not know whom is the real story of ObamaCare. Here it terrible idea. You go online, you shop they voted for in the last election. It is. These are the people we are sup- between different companies, they does not matter. I do not know if they posed to be helping. These are the peo- compete against each other, you find a ever voted for me in 2010. I do not know ple who—when they passed this thing, price that works for you, you find cov- if they supported the law when it first they went around telling people, We erage that works for you, and that is came out. But I know they are being are going to help you get insurance. where you are going to be required to hurt by this, and I know they are being These are the people it is supposed to go. That is where the people who got hurt by this in ways that will hurt all be helping, but look what it is doing. I cut off from Walgreens insurance plans of us, that will hurt every single one of wish that was the only example, but I have to go now. It is where a bunch of us. have an e-mail here from Florida that other people have to go. says that, too. Here is another one What are these companies doing? I talked about it earlier this morn- from Barbara in Palm Coast, FL: There are a couple of things happening. ing. I repeat it today: There is nothing First, in States such as New Hamp- more important than preserving, re- I am a master’s level RN who up until last week held a good job with good benefits. Due shire, only one insurance company ap- claiming, and restoring the American to the many new restrictions on employers, plies. There is no choice. There is no dream. It is the essence of what makes I have been reduced to part-time without competition. The exchange is one com- us special as a country. It separates us benefits at age 64. pany: Anthem. from the world.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6832 CONGRESSIONAL RECORD — SENATE September 24, 2013 What is the American dream? It is way to influence this administration to leader, if he can—I know his schedule pretty straightforward. This is a coun- write the rules in a way that benefits is certainly very busy—but I would ask try where if you work hard and you you. if he can come to the floor so I may lay sacrifice, you should be able to get That is wrong. That is wrong. I hope out the unanimous consent requests ahead and earn a better life for your- we will do something about this. I that I would like to promulgate. self and for your family. Does this think the last 19-some-odd hours have I would also note that for some time sound like the story of a law that is been a huge step in that direction. Senator GRASSLEY from Iowa has been making it easier for people to get I guess my question to Senator CRUZ waiting, and he has requested time to ahead? Does being moved from full- would be: I am sure he is getting let- raise a question. So if Senator GRASS- time to part-time work make it easier ters such as these from Texas and LEY at this point would like to ask a to get ahead? Of course not. Does los- across the country given the events of question—— ing a doctor whom you are happy with the last day. This is what this is all Mr. DURBIN. Mr. President, I would make it easier for you to get ahead? Of about, isn’t it? This is not a fight just like to enter into a dialog with the course not. Does the fact that busi- against a law; this is a fight on behalf Senator from Texas without jeopard- nesses are not hiring make it easier to of the people who are being hurt by it izing his control of the floor, if I could get ahead because they are afraid of in the most fundamental way possible. have consent for that purpose. ObamaCare? Does it make it easier to It is hurting their hopes and dreams The ACTING PRESIDENT pro tem- get ahead? Of course not. Does having they have for themselves, for their pore. Without objection, it is so or- your hours reduced from 29 to 26—or families. It is undermining the Amer- dered. whatever the figure was I read a mo- ican dream. Is that not what this is all Mr. CRUZ. On the condition that it ment ago—does that make it easier to about? does not jeopardize in any way my full get ahead? Of course not. Mr. CRUZ. I thank the junior Sen- control of the floor, I am amenable to If for no other reason, this law needs ator from Florida, and I would note that request. to be repealed because of the impact it that is precisely what this is about. Mr. DURBIN. First, I do not come in is having on the American dream. I This is a fight for the millions of men the place of the majority leader. He will reiterate what I have said time and women who are facing a stagnant will speak for himself. We do not know and again on this floor and here as part economy, who are facing jobs that are what the Senator’s unanimous consent of this process: You lose the American drying up or disappearing altogether, requests might be. If the Senator would dream, you lose the country. What you who are finding themselves being forc- articulate it, describe it, I am sure we have then—what you have then—is just ibly put in part-time work, being will take it under consideration, as we another rich and powerful country but forced to work 29 hours a week or less, do with any request from any Senator. no longer an exceptional one. who are finding their health insurance But this comes as a surprise at this The American dream is at the corner- premiums skyrocketing, and who are moment, as the Senator can under- stone of what makes us different and being threatened or facing already stand. special, and it is being threatened by their health insurance being taken I just wished to come to the floor and this. That is why I feel so passionately away. All of these are the very real continue the dialog we started last that we must do everything we can— consequences of ObamaCare right now night. After listening to my friend and everything we can—to call attention to for millions of Americans. colleague Senator RUBIO describe a sit- what this is doing and try to change it. Listen, there are people in this body uation, I wanted to ask the Senator I think if nothing else, Senator, the who in good faith 31⁄2 years ago could from Texas, if I could, a question about great service of these last—what is it have believed this was a good idea, it the situation he described. now? 19 hours, as your tie continues to might work. I did not think it at the Senator RUBIO talked about the in- loosen—if nothing else, I think people time, but I understand that people in surance exchanges and the insurance today across this country know more this body did. marketplaces and the fact that some of about this law and its impacts than At this point, with all the evidence, I the lowest cost health insurance plans they did 1 day ago. If nothing else, the would suggest that case can no longer that are being offered have limitations people in this country are now increas- be made, that the evidence is abun- as to doctors and hospitals that a per- ingly aware of all the implications of dantly clear. It is why the unions are son can use under those low-cost plans. this law on their lives, on their dreams, jumping ship. It is why Members of I would ask the Senator from Texas— on their hopes, and on their families. Congress have asked for an exemption. I talked to him last night about Judy, I believe this is just the beginning, It is why it is now abundantly clear who is a housekeeper at a motel in and I hope we can prevent these harm- that this train wreck, this nightmare, southern Illinois. She is 62 years of age. ful effects from happening. But it does is hurting Americans all over this She has worked her entire life, has not sound like it. It sounds like there country. never had health insurance one day in are still people here who are willing to I will note a couple of things. First of her life—not once—never had it offered shut down the government unless this all, I note that my assistant majority by an employer, never could afford it, thing is fully funded, unless we con- leader is on the floor, and I would and now will be able to have health in- tinue to pour your hard-earned tax- make a request that either—I do not surance for the first time in her life, payer dollars. The irony of it is, for know if the assistant majority leader is and she qualifies under Medicaid in the Luis in Cutler Bay, for Patty in Kis- in a position to speak for the majority State of Illinois. She will not pay for simmee, for Bill in Panama City, for leader or, if he is not, I would make a it. It is going to be coverage. In her Barbara in Palm Coast, FL, for all the request, if the majority leader is moni- case, even a limitation on doctors and people who were cited in these articles, toring this proceeding, that he come to hospitals is a dramatic improvement for the Mangione family in Louisville, the floor because I would like to pro- over no doctor, no hospital, and relying KY, guess whose money is paying for mulgate a series of unanimous consent on emergency rooms for her diabetes. this disaster. Yours. Your taxpayer requests. I do not want to surprise the So I would ask the Senator from dollars are paying for this catastrophe majority leader or the assistant major- Texas, try to put yourself in the shoes because of the stubbornness of saying: ity leader, so I would like the oppor- of this woman who has worked her en- This is our law, and we are going to go tunity to explain those requests before tire life. If you are being told you have through with it, no matter all these promulgating them, to give Demo- a limitation on doctors and hospitals anecdotal things that are coming out. cratic Party leadership an opportunity you can use, but you have health insur- By the way, the only way you can get to think about it, to spend a little bit ance, isn’t that a dramatic improve- relief from the negative impacts of this of time contemplating it, to make a de- ment over a lifetime of no health insur- law is if you can afford to hire a lob- cision whether they would consent. ance? byist to come up here and get you a So I would make a request, unless That is what ObamaCare is going to waiver. The only way you can avoid the assistant majority leader is pre- offer to her for the first time in her some of the disastrous impacts of this pared to speak for the majority leader, life. To say that we should not give her law is if you can somehow figure out a that I would ask that the majority that opportunity is akin to someone

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6833 saying: If you can’t fly first class, you even flying coach. They are being put them to buy affordable health insur- can’t get on the airplane. Listen, a lot in the baggage department. ance for the first time in their lives for of people would be glad to sit back in I will say I agree with the intent and many people. That is what it comes economy if they could just make the the spirit of Senator GRASSLEY’s down to. trip that the Senator and I can make amendment to ObamaCare that was Don’t say you want Members of Con- because we are blessed with health in- adopted, that is part of the law that gress treated like everybody else if you surance. the President is disregarding, which is are currently under the Federal Em- I would say to the Senator, as you that if we are going to force millions of ployees Health Benefits Program. May condemn ObamaCare, I go back to the people to lose their health insurance, I ask Senator CRUZ, are you cur- question I asked you last night: Judy, be forced into these exchanges, then we rently—you and your family—covered 62 years old, a lifetime of work, diabe- should have skin in the game. Congress by the Federal Employees Health Bene- tes, first chance to get health insur- should not be treated any better than fits Program, which includes a 72-per- ance—do you want to abolish the the millions of Americans we are forc- cent employer contribution from the ObamaCare program that will give ing onto the exchanges. Federal Government for your family’s Judy that first chance? Mr. DURBIN. Will the Senator yield health care protection? Mr. CRUZ. I thank the Senator from on that point? Mr. CRUZ. I appreciate the Senator’s Illinois for that question, and I would Mr. CRUZ. Let me make my third question, but I will answer the Sen- respond threefold. point, and then I am happy to yield at ator’s question when the Senator first No. 1, for Judy, as the Senator de- that point for a question. answers the three questions I asked scribes her circumstances, I would cer- The third point is twice I have read him, none of which the Senator has tainly support health care reform that in the course of this debate the letter chosen to answer, namely: Have you increases competition and increases from Mr. Hoffa, the head of the Team- read Mr. Hoffa’s letter? Do you agree free market alternatives that lower the sters. with that paragraph? Do you think he rate of health insurance that is avail- I assume the Senator from Illinois is telling the truth? What, if anything, able to people by allowing interstate has read that letter. In fact, I expect does the Democratic majority purport competition, creating a national mar- the Senator from Illinois has had di- to do about millions of working men ketplace. But, in my view, any health rect conversations with the author of and women whose health care, accord- care reform should empower individ- that letter. I do not know that. ing to Mr. Hoffa, is being destroyed? uals and patients to make health care I would ask the Senator from Illinois, I would note that the Senator from decisions in consultation with their No. 1, has he read that letter; No. 2, Illinois made an allegation impugning physicians—not having a government does he think Mr. Hoffa is telling the my motive, saying that I wanted 50 bureaucrat get in between them and truth; and No. 3, in particular, does he million people to be denied health care. their doctor. agree with the following paragraph? Let me be very clear. That statement If I may finish the remainder of my On behalf of the millions of working men is categorically false. I want a com- points, concomitantly, the Senator has and women we represent and the families petitive marketplace where health care told the story of Judy, and I do think they support, we can no longer stand silent is accessible, it is affordable, where it we should have reforms to address her in the face of elements of the Affordable is purchased across States lines, where circumstance, but over the course of Care Act that will destroy the very health it is personal, where it is portable, and the last many hours we have read and wellbeing of our members along with where people have jobs so they can get scores, if not hundreds, of stories that millions of other hardworking Americans. health insurance. ObamaCare is what is are a small representation of the thou- So my question is, does the Senator denying health insurance to millions of sands or millions of people who are los- believe Mr. Hoffa is telling the truth Americans. If you do not take my word ing or are in jeopardy of losing their when he says that? If so, does the for it, I assume you do not contend health insurance right now. They have Democratic majority in this body have that Mr. Hoffa is being less than truth- to be balanced in this equation as well. any plans, any proposals, any amend- ful? ObamaCare is causing people all over ments to fix that problem for what Mr. Mr. DURBIN. I would like to respond this country to lose their health insur- Hoffa describes as ‘‘millions of working to that. If this were a courtroom—and ance or be at risk of losing their health men and women’’ whose health care you are an attorney, and I once prac- insurance, and I am sure if I were to will be—the word he uses—destroyed. ticed law myself—I would say: Your promulgate the question to the Sen- I am happy to hear the Senator from Honor, the witness refused to answer ator from Illinois: Do you want all of Illinois. the question about his very own health these people who are losing their Mr. DURBIN. I thank the Senator insurance policy. health insurance to lose their health from Texas for this dialog. First class Now let me address the issue about insurance—all of the names I read—I health care. Let me tell you who has Mr. Hoffa. I have been approached by am sure the Senator would say no. But first-class health care. The Senator many labor unions. Some of them have to date, no one on the Democratic side from Texas has first-class health care. Taft-Hartley plans, some of them have of the aisle has proposed any way to fix The Senator from Illinois has first- trust fund plans, some have multistate that. class health care. You see, Members of plans. They need provisions made in Let me make a second point, and Congress, Members of the Senate and the ObamaCare law to deal with their then I am going to have a third point. the House, under the Federal Employ- specific circumstances. Then, if the Senator would care for an- ees Health Benefits Program, have the Under the ordinary course of legisla- other question, I am happy to do my best health insurance in America. We tive and congressional business, over best to respond. fly first class. Our employer, the Fed- the last 3 years we would have ad- The second point: The Senator from eral Government, as it does for every dressed these anomalies in the Illinois made a reference to Judy not other employee, pays 72 percent of the ObamaCare program. Sadly, we cannot needing to be in first class but being monthly premium. Some 150 million get anyone to come to the table from content to be in coach. I think that Americans have that benefit where an the Senator’s political party. Now 42 or analogy is a powerful one, but what it employer pays some share of it. Ours 43 times the House Republicans have highlights is the special exemption pays 72 percent. We are lucky. We are voted to abolish ObamaCare. Not once that has been put in place for Members fortunate. So are our families and so have they proposed sitting down to of Congress. Because President Obama are our staff. work out any differences, work out any has put an exemption in place for Mem- But what the Senator is saying in problems within the law. I am prepared bers of Congress that says: Members of abolishing ObamaCare, you not only to do that. I have told the labor unions, Congress will fly first class, to use the want to fly first class, you do not want including Mr. Hoffa, the same. I know Senator’s airline analogy, but average other people to get on the plane. Fifty the administration feels the same. But, Americans who are being forced onto million Americans have no health in- unfortunately, those who are opposed exchanges, where their employers can- surance. You want to abolish the op- to this plan want it to descend into not subsidize their premiums, are not portunity through the marketplace for chaos. They want as much confusion,

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6834 CONGRESSIONAL RECORD — SENATE September 24, 2013 as many problems as possible. They do wants to stick Judy in coach class. people are paying attention to other not want to work to cover the 50 mil- What Senator GRASSLEY’s amendment things. That may or may not be ame- lion uninsured in America. was all about is, you know what, if you nable to the majority, but if it is, we What the Senator just described and stick Judy in coach class, guess what. can shorten this time by a period be- said he could sign up for, frankly, is Members of Congress are going back in cause I think we have a better chance ObamaCare. We are talking about a coach class. The Senator and I may dis- in prevailing in this fight if that vote— marketplace. Do you know how many agree. I do not think Judy is in coach I note the majority leader is here. I do companies will be offering health in- class, I think she is down in the bag- not know if he heard the initial unani- surance in the State of Texas under the gage claim. mous consent, which, if it is amenable ObamaCare plan? Let me make sure I Regardless, in his hypothetical the to the majority leader, we would nego- get this correct. My understanding is Senator is conceding that the congres- tiate the language with him and pro- that at least 54 plans are going to be sional health care plan right now is mulgate. offered in the State of Texas—54. There better than Judy’s under ObamaCare, So the first one I offered, Mr. Lead- will be choice and a marketplace for and he is saying that he supports a spe- er—and I have not yielded the floor, the first time ever for many people who cial exemption for Members of Con- but I am describing during my time on were stuck with one plan or who could gress that Judy does not get. the floor the unanimous consent re- not get into any plan. I agree with Senator GRASSLEY’s quests I would promulgate if the ma- Let me ask you this question as we amendment that we should not be forc- jority would be amenable. The first get back to this point. Does the Sen- ing millions of Americans into cov- would be to vitiate the cloture request ator still believe we should abolish the erage we are not willing to experience. and simply agree on the motion to pro- provision in ObamaCare that says you I recognize the passion of the Senator, ceed because to my knowledge every- cannot discriminate against people but I would note that I have not yield- one in this body agrees we should pro- with preexisting conditions who apply ed the floor. ceed to this bill, although we have for health insurance? I would like to describe the unani- sharp disagreements on what we should Mr. CRUZ. I will answer that ques- mous consent requests that I would do. tion. Since I have not yielded the floor, like to promulgate. I would ask the as- The second unanimous consent re- I would like to make a broader point sistant majority leader and the major- quest, if it is amenable to the majority, after that and have a colloquy. I will ity leader to confer with my staff and that I would suggest—and I think the point out why, which is that we are op- simply let me know if these requests majority leader heard this as he was erating under some time constraints. would be amenable. I am not promul- walking in—is to agree to shorten the So I want to do what the Senator asked gating them at this time because I do time of postcloture debate such that of detailing the unanimous consent re- not want to surprise leadership staff cloture on the bill would occur Friday quests that I want to promulgate so he without giving you time to consider afternoon rather than Saturday. The and the majority leader may consider them. reason is—I am being very transparent them. I also want to be respectful of The first unanimous consent request about my reasoning. I think it is better Senator GRASSLEY and Senator SES- that I would propose to promulgate is a for this country if this vote is at a time SIONS, who have been waiting to speak. request that we vitiate the cloture on that is visible for the whole country so The Senator and I have engaged in the motion to proceed that is scheduled that the American people have a voice multiple exchanges, both now and ear- this afternoon and agree by unanimous in it. I think sticking it in Saturday in lier, and so I want to be respectful of consent to proceed to this bill. To my the middle of football games disserves the other Senators on the floor. knowledge, I am not aware of any Sen- that objective. But let me answer the question. I be- ator in this body who opposes pro- Then the third request—if the major- lieve we should repeal every word of ceeding to this bill. I think all of us ity leader would be amenable—I would ObamaCare. I think it has failed. I agree that we should proceed to this put forward is, as I understand it, agree with James Hoffa that on behalf bill, we should keep the government under the rules of the Senate, in some of millions of working men and women open. Some of us think we should keep 35 minutes, my time will be automati- and the families they support, that the government open and defund cally cut off as the new legislative day ‘‘the Affordable Care Act will destroy ObamaCare, others think we should begins and it begins with a prayer. the very health and well being of our fund it, but to the best of my knowl- When I started this filibuster yesterday members, along with millions of other edge, no one disagrees. So if the major- afternoon, I told the American people hard-working Americans.’’ So I think ity is amenable, I would propose vitiat- that I intended to stand until I could we should repeal it. I think we should ing the cloture motion and simply stand no more. I will observe to the defund it in the interim. This is not a agreeing to the motion to proceed. majority leader that although I am fight over repealing, it is a fight over That would be the first unanimous con- weary, there is still at least strength in defunding it. Then I think we should sent request I would promulgate if it is my legs to stand a little longer. So the adopt free market plans to lower agreeable to the majority. third thing I would simply ask is if the prices, make health care more afford- The second unanimous consent re- majority would consent to allow me to able, make it portable, and allow it to quest that I would promulgate is, if it speak until the conclusion of my re- go with individuals. is agreeable to the majority, as I un- marks and then begin the next legisla- Mr. DURBIN. Now will the Senator derstand in the timing, all of the tive day and have the prayer at the answer my question of whether his delays are put in place. Cloture on the conclusion of those remarks. If the ma- family is protected by the government- bill would be scheduled to occur on jority says no, then my time will end administered Federal Employees Saturday. In my view, in order to de- at noon under the rules of the Senate. Health Benefits Program—the best feat cloture on the bill—you know I So it is entirely up to the majority health insurance in America—where want to defeat cloture on the bill. That whether to let me continue to speak. his employer, the Federal Government, is no secret. I think the best chance to But given that I began by saying I will pays 72 percent of his monthly pre- defeat cloture on the bill is for this bill speak until I can stand no more, I be- mium? Will the Senator from Texas for to be visible to the American people— lieve I should at least ask if those con- the record tell us—and those who highly visible. So accordingly, I would sents are amenable. watch this debate—whether he is pro- be amenable to shortening the time for I would note that under the rules of tected. postcloture debate such that that vote the Senate, if the majority leader cares Mr. CRUZ. I am happy to tell the on cloture on the bill occurs on Friday to ask a question, I can yield for a Senator. I am eligible for it. I am not afternoon rather than Saturday. Why question in which he might share his currently covered under it. is that? Because I think that on a Fri- views or, if the majority leader wants Let me note that the Senator from day afternoon, a lot more American to think about it, to discuss it with his Illinois embraced the analogy and said: people are going to pay attention to staff, then I would note that the major- Yes, we in Congress have first-class what we are doing than a vote on Sat- ity leader could simply convey to my health care. Under his analogy, he urday during football games and when staff if any or none of those unanimous

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6835 consent requests are amenable. If none Byrd; the chief reporter, Jerry Linnell; all didn’t choose this. I appreciate the of them are, that is fine and we will CONGRESSIONAL RECORD, Sylvia Oliver, hard work and diligence going through conclude at noon. Val Mihalache, Pam Garland, Desi the night. That is not part of your typ- The PRESIDING OFFICER. The ma- Jura, Joel Breitner, Doreen ical job responsibility. I would not jority leader. Chendorain, Julie Bryan, Patrick have imposed on your time and energy Mr. REID. Madam President, is there Renzi, Mark Stewart, Wendy Caswell, if I did not believe this was an issue of a consent? Ann Riley, Patrice Boyd, Mary Car- vital importance to the American peo- Mr. CRUZ. I want to clarify. I have penter, Octavio Colominas; captioning, ple. I wish to thank you for your hard the floor. I have not yielded the floor JoEllen Dicken, Jim Hall, Sandy work, diligence, and cheerfulness to anyone. Neither the majority leader Schumm; Sergeant at Arms and Sec- through what has been a very long nor any other Member has the right of retary of the Senate employees; the night. recognition right now. If the majority Senate pages, many of whom I caused I wish to thank, second to last, Sen- leader wishes, he may ask me to yield to miss school. I appreciate you all for ator MIKE LEE. Senator MIKE LEE for a question. I might yield for that enduring this, and all those who work began this fight. Senator MIKE LEE has limited purpose. But other than that, in the Capitol complex. been here throughout the course of this no one has the floor, if I understand I wish to thank my entire staff, battle. Senator MIKE LEE has been al- the rules of this body correctly. many of whom have been here all ways cheerful, always focused, always The PRESIDING OFFICER. The Sen- night. ready to march into battle and always ator is correct. I ask unanimous consent to have ready to focus on the ultimate objec- Mr. CRUZ. So I make that note. If printed in the RECORD a note of sincere tive, which is serving the American the majority would care to ask a ques- gratitude to my staff, who worked tire- people by standing and fighting to stop tion, I would be amenable to yielding lessly to help me prepare and sustain the train wreck, the nightmare, the for a question. If the majority leader extended floor remarks. I especially ap- disaster that is ObamaCare. would not, that is certainly his prerog- preciate their appearance in the Cham- We wouldn’t be here if it weren’t for ative, and I am happy to continue talk- ber throughout the night, which was a Senator LEE’s principle, for his cour- ing about the issues this debate has fo- great source of encouragement. I ex- age, for his bravery under fire. I feel cused the country on because they are tend my appreciation to each of the particularly honored to serve as his issues of vital importance. following individuals: colleague and consider him a friend. Mr. REID. I am without a question. Chip Roy, Chief of Staff; Sean Rushton, Last, I wish to thank the American Mr. CRUZ. Mr. President, I would Communications Director; Amanda Car- people. I want to thank people all simply note to the majority leader that penter, Speechwriter & Senior Communica- across the country who watched on C– tions Advisor; Catherine Frazier, Press Sec- if those unanimous consent requests SPAN, tweeted, engaged, and have been retary; Josh Perry, Digital Director; Brooke involved in this process. This is ulti- are amenable, I would ask that his Bacak, Legislative Director; Jeff Murray, staff convey that to my staff. If they Deputy Legislative Director; Scott Keller, mately about the American people. are not, I would ask that his staff con- Chief Counsel; John Ellis, Senior Counsel; What this whole fight is about is vey that to my staff simply so we know Bernie McNamee, Senior Domestic Policy whether this body, the Democratic which way to proceed. Regardless, I Advisor and Counsel; Kenny Stein, Legisla- Senators and the Republican Senators, want to make sure before we wrap up tive Counsel; Alec Aramanda, Legislative will change the broken ways of Wash- Assistant; Max Pappas, Director of Outreach because I assume now in 31 minutes we ington and start listening to the peo- & Senior Economist; Victoria Coates, Senior ple. That is what this fight is all about. will be concluded. I want to yield to Advisor of National Security. Senator GRASSLEY in just a moment Jeremy Hayes, Military Legislative Assist- With those thank yous, I apologize, because I do not want to miss—I apolo- ant; David Milstein, Research Assistant; but I felt obliged to conclude before 12 gize to Senator GRASSLEY, but I do not Dougie Simmons, Director of Scheduling; o’clock when my time will be cut off by want to miss the opportunity within Christine Shafer, Deputy Director of Sched- force. I will note at this point Senator the limited time to do something that uling; Kimberly Henderson, Administrative GRASSLEY had wished to ask a ques- Director; Dan Soto, IT Director; Amy Herod, is imperative that I do, which is to tion. Scheduling Assistant & Assistant to the I am prepared to yield for a question thank the men and women who have Chief of Staff; Hunter Rome, Legislative Cor- if Senator GRASSLEY wishes to ask me endured this Bataan Death March. I respondent; Samantha Leahy, Legislative a question. want to take a little bit of time to Correspondent; Martin Martinez, Legal As- The PRESIDING OFFICER (Ms. thank them by name. sistant; Melanie Schwartz, Legislative Cor- respondent; Caitlin Thompson, Legislative BALDWIN). The majority leader. I would like to start by thanking the Mr. REID. I ask my friend from Republican floor staff and cloakroom. I Correspondent; Ben Murrey, Legislative Cor- respondent; Brittany Baldwin, Press Assist- Texas to yield to me, without losing thank Laura Dove for her fairness, for ant; Nico Rios, Staff Assistant; John Landes, his right to the floor, for a colloquy. her dealing with crises and passion on Staff Assistant. The PRESIDING OFFICER. Will the all sides, and for her effectiveness in I wish to thank Democratic Senators Senator so yield? the job. This is an interesting occur- who have presided: Senator BALDWIN, Mr. CRUZ. With the reservation that rence to occur so early in her job. I Senator MANCHIN, Senator WARREN, I do not lose the right to the floor, I thank her for her service. Senator DONNELLY, Senator KAINE, am pleased to engage in a colloquy I wish to thank Robert Duncan, Pat- Senator MURPHY, Senator SCHATZ, Sen- with the majority leader. rick Kilcur, Chris Tuck, Megan Mercer, ator BALDWIN again, Senator DON- Mr. REID. Madam President, first, Mary-Elizabeth Taylor, and Amanda NELLY, Senator DURBIN, Senator this is not a filibuster. This is an Faulkner. HEITKAMP, and Senator MARKEY. agreement that he and I made that he I wish to thank Democratic floor I wish to thank the Republican Sen- could talk. staff and cloakroom: Gary Myrick, Tim ators who have spoken in support of Let me say this: We are going to have Mitchell, Trish Engle, Meredith our efforts: Senator SESSIONS, Senator a vote about 1 o’clock today. After that Mellody, Dan Tinsley, Tequia Delgado, RUBIO, Senator PAUL, Senator INHOFE, is over, we will follow the rules of the Brad Watt, and Stephanie Paone. I Senator ENZI, Senator ROBERTS, Sen- Senate. My goal is to get this to the wish to thank the clerks and Parlia- ator VITTER, and very soon, Senator House of Representatives as quickly as mentarians. I wish to thank the Cap- GRASSLEY. possible. itol Police, the Sergeant at Arms, and I wish to thank the House Members I think a lot of this time has been— the Secretary of Senate employees. who have come over. Representative without talking about what has tran- The Parliamentarians are Elizabeth AMASH, Representative BROUN, Rep- spired at this point—I would hope that MacDonough, Leigh Hildebrand, Mike resentative HUDSON. I wish to make a we could collapse the time dramati- Beaver; the Legislative Clerk, Kathie special note of Representative GOH- cally and move forward so the House of Alvarez; the Journal Clerk, Scott MERT who was here the entire night en- Representatives can get what we are Sanborn; the Bill Clerk, Mary Anne during this. going to send back to them. Clarkson; the Daily Digest, Elizabeth I wish to make a point, particularly There is a possibility they may not Tratos; the Enrolling Clerk, Cassie to the floor staff and to everyone: You accept what we send them. They may

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6836 CONGRESSIONAL RECORD — SENATE September 24, 2013 want to send us something back. If we Mr. CRUZ. I yield for a question the Senator has earned the right to ask use all this time under the rules as without yielding the floor. that. The Senator has now spoken. The they now exist—— The PRESIDING OFFICER. The ma- American people are watching the Mr. CRUZ. I have decided to not yield jority leader. fourth longest time any filibuster or my right to the floor. I was amenable Mr. REID. Parliamentary inquiry, floor time has been held by a Senator. to a colloquy. The majority leader is Madam President. I think that is a perfectly reasonable giving a speech. The PRESIDING OFFICER. Does the request. It will allow the Senator to Given that, as I understand, the ma- Senator from Texas yield for a par- continue to express the concerns that jority leader is not going to consent to liamentary inquiry? he has expressed. I am somewhat taken extend the time, I have 24 minutes, I Mr. CRUZ. Given the majority leader aback that it wasn’t agreed to. am going to reassert my time on the has cut off our time in 20 minutes, no, Again, to make clear, it would seem floor since I have not yielded my time I am sorry, I do not. The majority lead- to me little if any reason that they on the floor. er was welcome to come down any time would object to that, the majority Mr. REID. If I could ask for a unani- in the last 20 hours and ask parliamen- would object to that. mous consent agreement with my tary inquiries or questions. I would Mr. CRUZ. I thank my friend from friend. note Senator DURBIN did so, Senator Alabama. The PRESIDING OFFICER. Is there KAINE did so, others Senators did so. I would note that unfortunately I am objection? At this point, our time is expiring not surprised that none of the consents Mr. CRUZ. There is objection. I am and I wish to allow other Republican were taken. I note the first two con- sorry. I cannot be asked to consent to Senators who appeared and asked to sents, one would think, would be quite an unnamed consent agreement. ask questions to have the opportunity amenable. Yet, look, throughout this Given that the majority leader, as I to do so. debate, the problem has been the ma- understand, is not going to consent to The PRESIDING OFFICER. The ma- jority does not wish to listen to the extend my time, then let me say quite jority leader. American people and doesn’t want a de- simply to the majority leader that I Mr. REID. May I direct a question to bate in front of the American people, will yield time to him for a question my friend from Texas? particularly about the merits of when the majority leader is prepared to The PRESIDING OFFICER. Does the ObamaCare. They don’t want to talk yield to the American people. But I am Senator yield for a question? about how ObamaCare is failing mil- not prepared to yield prior to that be- Mr. CRUZ. I yield for one more ques- lions of Americans. They don’t want to cause Senator GRASSLEY, Senator SES- tion without yielding the floor. talk about how millions of Americans SIONS, and Senator INHOFE are waiting Mr. REID. The question is the Sen- are losing their jobs and how they are to speak. I believe they are endeavor- ator seems to not understand that he not being hired. They don’t want to ing to listen to the American people. If has time, after the prayer is given at 12 talk about how millions of Americans the majority is going to cut off and o’clock, time until 1 o’clock. During are facing being pushed into part-time muzzle us in another 24 minutes, then that period of time my question was, work. They don’t want to talk about at this point I don’t feel it is appro- because the Senator still has the floor, how millions of Americans are either priate to allow the majority leader to would the Senator yield 15 minutes to losing their health insurance or are at risk of losing their health insurance. consume that time. JOHN MCCAIN. This process is all about, sadly, the I will note to any Senators who were Mr. CRUZ. It is my intention, if the Democratic majority not listening to here—if anyone would care, I know a consent request that I asked is not the American people. The whole pur- number of Senators are waiting to ask agreed to, to accept the end of this at pose of this filibuster was to do every- questions, I am prepared to yield to a noon under the Senate rules. thing we could to draw this issue to the Mr. REID. I understand. question from any of them. attention of the American people so Mr. REID. I have a question I wish to The PRESIDING OFFICER. Does the the American people could be heard. ask my friend from Texas. Senator from Texas yield for a ques- If the American people speak with The PRESIDING OFFICER. Will the tion? sufficient volume, I continue to have Senator from Texas yield for a ques- Mr. CRUZ. I yield for a question confidence that this body, that the tion without losing the floor? without yielding the floor. Senators on both sides of the aisle, will Mr. CRUZ. I yield for a question Mr. SESSIONS. I thought that a very have no choice but to listen. without yielding the floor. gracious question of the author of Given that we have 16 minutes re- Mr. REID. Between 12 and 1 o’clock, unanimous consent, that we would viti- maining, I inadvertently omitted in my would my friend yield to Senator ate the vote and 30 hours of debate. thank yous the doorkeepers by acci- MCCAIN for 15 minutes of that time? The Senator asked very little in ex- dent. Mr. CRUZ. That question is asked, change for it, other than to continue to The doorkeepers were: Tucker but it will not prove necessary, absent talk. Eagleson, Dawn Gazunis, Elizabeth the consent that I promulgated. I am Mr. CRUZ. Let me briefly clarify, I Garcia, Rocketa Gillis, Marc O’Connor, assuming it would not be acceptable to asked nothing in exchange for that. Laverne Allen, Daniel Benedix, Cindy the majority because my time will end None of those were contingent on each Kesler, Scott Muschette, Tony Gold- at noon. There is nothing left to yield other. Those were three independent smith, Jim Jordan, Megan Sheffield, because, as I understand it under the unanimous consent requests—which David West, Denis Houlihan, and Bob Senate rules, when the new legislative the majority leader wanted consent to Shelton. day begins and the prayer begins, my any of those. It wasn’t an offer of horse Let me say for any of the floor staff time yields. trade, it was simply—I think all three or others, if I inadvertently omitted Mr. REID. Madam President, he has of those make sense. I think any one of someone, please accept my apology. It the right to speak from 12 o’clock to 1 the three of them makes sense. If he was my intention to endeavor to thank o’clock. What I am asking the consent chooses to reject them all, that is his anyone. If I have made an inadvertent for is would he allow, during that pe- prerogative and that is fine. I was only omission, that is my fault and I take riod of time, Senator MCCAIN to speak suggesting we not waste this body’s responsibility for it. for 15 minutes. time by doing so. I wish to note also that an additional Mr. CRUZ. It is my understanding Mr. SESSIONS. To follow up on that Member of Congress, Congressman my time expires at noon. Absent a con- then, it seems to me that what the STEVE KING, has joined us. I wish to sent to extend it, I will honor the Sen- Senator was saying would be an offer thank Congressman KING for joining ate rules and allow my time to expire that most everyone here would be us. at noon, so there is nothing to yield. pleased to receive and accept, unless I would note, as we are in the last 15 I will note Senator SESSIONS is stand- they have some surreptitious motive. minutes, that if my friend and col- ing. In addition, I think the Senator’s league Senator MIKE LEE wished to ask Mr. SESSIONS. Will the Senator continued request to be allowed to con- a question, I would be prepared to yield yield for a question? tinue to speak is reasonable. I think as we are wrapping up.

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 24, 2013 CONGRESSIONAL RECORD — SENATE S6837 Mr. LEE. Will the Senator from and the economy. We spent 6 weeks gling single moms, for young people, Texas yield for a question? talking about guns and taking away unfortunately, the Senate is closed for Mr. CRUZ. I yield for a question people’s Second Amendment rights. business. without yielding the floor. But when it comes to jobs and the Mr. RISCH. Madam President, will Mr. LEE. From day 1, there have economy in this Senate, it doesn’t even the good Senator yield for a question been those in the Washington estab- make the agenda. without yielding the floor? lishment who have been working We spend no time talking about fun- Mr. CRUZ. I am happy to yield for a against this, and it was the American damental tax reform. We spend no time question without yielding the floor, al- people who stood up in strong support or virtually no time talking about reg- though I would note we have all of 61⁄2 of us. It was the American people who ulatory reform. When it comes to minutes until the time will expire. served as the heroes of this story who defunding ObamaCare, the single big- Mr. RISCH. I will be brief. I want to spoke overwhelmingly to the Congress gest thing we could do to restore jobs talk briefly and ask a question about and spoke overwhelmingly to the in the economy, the Democratic major- the area the Senator was just talking House of Representatives and con- ity is not interested in that conversa- about. My good friend Senator RUBIO vinced the House of Representatives to tion. Indeed, for the bulk of this con- made reference to the story I am going pass this great continuing resolution— versation, with a couple of exceptions, to tell. My good friends on the other one that keeps government funded and the Democratic majority chose not to side of the aisle are good about bring- allows it to avoid a shutdown while engage in the debate. Why? I would ing out pictures of people with sad defunding ObamaCare. That is what submit it is because on the merits, on faces. My only regret is I don’t have a this effort has been all about. It has the substance, the defense of picture of somebody with a sad face, been all about the people we are trying ObamaCare is now indefensible. but I can assure you these people are to protect from this horrible law. There may have been some, even greatly saddened by this. Across the country Americans stayed many, who 31⁄2 years ago, when We had a hearing in the Small Busi- up with us overnight forging this argu- ObamaCare was adopted, believed in ness Committee and we brought in peo- ment, helping us distribute this argu- good faith it was going to work. But at ple from around the country, small ment, choosing to forego sleep and to this point the facts are evident that it businesses who are suffering under this show their support of this effort, and is not. At this point we have seen small terrible burden. The Senator was not we greatly appreciate that. I want to businesses all over this country who here in the middle of the night when take a moment to reflect on how all of are losing the ability to compete, who this abomination was shoved down the us who have been up all night feel right are not expanding, who are staying throat of the American people on a now—with dry eyes, with a certain under 50 employees, who are not hiring, straight party-line vote. I can assure amount of grogginess, and yet ulti- and who are forcing employees to move him that we fought it tooth and nail, mately this is an exhilarating moment. to part-time work. but now the American people are hav- It is exhilarating because we are in- According to the Chamber of Com- ing to live with this, and so it is good spired by the American people who merce survey of small businesses, half to be reminded again of what we have have informed this message and who of small businesses eligible for the em- here. have expressed their views so well and ployee mandate are either moving to But this gentleman operated a busi- so forcefully, and I am grateful to have part-time workers or forcing full-time ness called Dot’s Diner in Louisiana. been part of this effort. workers to go part time. This is not a He had, I forget whether it was six or I ask the Senator from Texas: As we small problem. This is not a marginal seven diners, and this man was living come to the end of this uphill climb we problem. This is a problem all over the the all-American dream. He had quit a have experienced over the past 24 country. We are talking to millions of very good job, cashed in his retirement, hours, give or take, we see the cards small businesses. Another 24 percent, I borrowed money and he and his wife are somewhat stacked against us. believe is the number, are simply not opened this diner. The diner did well Today, although Washington may ap- growing, are staying under 50 employ- because they worked hard. Like the pear to have the upper hand, in our ees, which means they are not hiring Senator did all night tonight, some- hearts don’t we know the American people. times they worked that hard. They people are with us, and don’t we know So anyone in America right now who opened more diners and were just about the American people will have the final is struggling to find a job—and small to open another one when the Senate word, and that as George Washington businesses provide two-thirds of all announced they were going to force predicted a couple of centuries ago, new jobs—small businesses are crying ObamaCare on the American people this country will always remain in out that ObamaCare is killing them. and on the small businesses of this good hands—in the hands of its people? Unfortunately, the Senate is not hear- country. Mr. CRUZ. I thank my friend Senator ing their cries. For the millions of They immediately stopped their LEE from Utah, and I think that is ex- Americans who are facing the threat of plans to open a new diner and then actly right. At the end of the day it is being forced into part-time work, un- looked at what ObamaCare was going the United States of America—‘‘we the fortunately, the Senate is not hearing to cost them. The cost of ObamaCare people’’—who are sovereign. Ulti- their cries. For the millions of Ameri- was substantially higher than the prof- mately every Member of this body cans who are facing skyrocketing its they were making in the business works for ‘‘we the people.’’ The reason health insurance premiums and facing every year. So what they did, they there is such profound frustration the reality or the risk of losing their went and got counsel and said: How can across this country, the reason this health insurance, the Senate is not we get around ObamaCare? What they body is held in such abysmally low es- hearing their cries. were told is, if you have 49 employees, teem is that for too long Washington The people who are facing this are you are outside of ObamaCare. So has not listened to the American peo- not the wealthy, they are not the pow- given that, what they did is they closed ple. Every survey of the American peo- erful, they are not, as the President the diners and got down to 49 employ- ple, no matter what State, no matter likes to say, the millionaires and bil- ees and that is where they are. whether you are talking Republicans, lionaires. They are the most vulnerable Will the Senator tell me, because I Democrats, Independents or Libertar- among us. They are young people who would like to hear his thoughts on that ians, the answer is always the same: are being absolutely decimated by and whether he believes the American The top priority for the American peo- ObamaCare. They are single moms who government that our Founding Fathers ple is jobs and the economy. are working in diners, struggling and fought for and died for should be vis- The Presiding Officer and I both suddenly finding their hours reduced to iting this on the American people, par- began serving 9 months ago as fresh- 29 hours a week. The problem is 29 ticularly on small businessmen who are men in this body. I will tell you my hours a week is not enough to feed the backbone of this economy? greatest frustration in this body during your kids. Single moms are crying out Mr. CRUZ. I thank the Senator from those 9 months is that we have spent to the Senate to fix this train wreck, Idaho for his question and for his virtually zero time talking about jobs to fix this disaster. And for the strug- steadfast leadership and willingness to

VerDate Mar 15 2010 03:16 Nov 11, 2014 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\SEP2013\S24SE3.PT2 S24SE3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6838 CONGRESSIONAL RECORD — SENATE September 24, 2013 stand and fight for the American peo- Mr. CRUZ. Mr. President, my second tions. Lord, make them this day senti- ple to stop this train wreck that is request is: nels on the walls of freedom worthy of ObamaCare. And the answer to my I ask unanimous consent that if a the power and responsibility they exer- friend’s question is: Of course not. cloture motion is filed on the under- cise. Guide and sustain them in the Small businesses all over this country lying measure, that cloture vote occur great unfinished tasks of achieving are getting hammered by ObamaCare, during Friday’s session of the Senate, peace, justice, and understanding and the real loses are not even to the notwithstanding the provisions of rule among all people and nations. small business owners. The real losers XXII. We pray in Your great Name. Amen. are the people, the teenaged kids who The PRESIDENT pro tempore. Is The PRESIDENT pro tempore. The would get hired, the single moms who there objection? majority leader. would get hired, the African Ameri- Mr. REID. Reserving the right to ob- Mr. REID. Mr. President, we all ad- cans, the Hispanics who are suddenly ject, we are going to have a cloture mire the Senator from Texas for his finding themselves without a job or are vote at 1 o’clock and any consent wanting to talk. With all due respect, I being forcibly reduced to 29 hours a agreements after that I will be happy am not sure we learned anything new. week and denied the opportunity to get to listen to them. At this stage, I ob- He had talked about it before on a to that first rung of the economic lad- ject. number of occasions—in fact, end- der, which would then get them to the The PRESIDENT pro tempore. Objec- lessly. It has been interesting to watch, second, the third, and the fourth. tion is heard. but, for lack of a better way of describ- Millions of Americans are hurting Mr. CRUZ. Well then, it appears I ing this, it has been a big waste of under ObamaCare. It is my plea to this have the floor for another 90 seconds or time. body, to the Democrats, that they lis- so, and so I simply will note for the The government is set to shut down ten to the unions that are asking on American people who have been so en- in a matter of hours. In just a few days behalf of millions of Americans who gaged that this debate is in their the government will close. And it is a are struggling to repeal ObamaCare, hands. Ultimately, all 100 Senators—all shame. We are standing here having that we not have a system where the 46 Republicans, all 54 Democrats—work rich and powerful or big corporations wasted perhaps 2 days—most of yester- for you. The pleas from the American day and a good part of today—when we and Members of Congress are treated to people—certainly those in Texas—are a different set of rules than hard- could pass what we need to pass very deafening. The frustration that the quickly and send it back to the House working Americans. President Obama United States Senate doesn’t listen to has granted illegal exemptions to big of Representatives. They are waiting the people is deafening. So I call on all for us to act. businesses and Members of Congress. I 46 Republicans to unite, to stand to- don’t think the American people It seems that in recent years, rather gether and to vote against cloture on than trying to get things done, we have should be subject to harsher rules. the bill on Friday or Saturday; other- So my plea to this body is that we a mindset in some people’s minds to wise, if we vote with the majority lead- listen to the American people, because delay and stall and try not to get any- er and with the Senate Democrats, we if we listen to our constituents, the an- thing done. I have talked about this be- will be voting to allow the majority swer is: Defund this bill that isn’t fore. I do believe that what we have leader to fund ObamaCare on a straight working, that is hurting the American here with the so-called tea party is a party-line vote of 51 partisan votes. people, that is killing jobs and forcing new effort to strike government how- The American people will understand people into part-time work, that is ever they can, to hurt government. driving up health insurance premiums that. Voting to give that power to the Any day that government is hurt is a and that is causing millions to lose or majority leader, I would suggest, is not good day for them. It is, as I said be- to fear they will lose their health in- consistent with, I believe, the heartfelt fore, the new anarchy. surance. commitment of all 46 members of this We should get this matter back to As the time is wrapping up, I will conference who oppose ObamaCare. the House of Representatives as soon close by noting that at noon we will The only path, if we are to oppose as we can. They may want to change have a prayer. I think it is fitting this ObamaCare, is to stand together and something in this, and we believe that debate conclude with prayer, because I oppose cloture. I ask my friends on the if they have to do that—I don’t think would ask that everyone in this body Democratic side of the aisle to listen to they should, but if they feel they have ask for the Lord’s guidance on how we this plea. to, get it back to us. Each hour we best listen to our constituents, listen The PRESIDENT pro tempore. Pur- waste is one less hour we will have an to the pleas for help that are coming suant to the order of February 29, 1960, opportunity to look at this. Our rules from our constituents. the hour of 12 noon having arrived, the are different from the rules in the The final thing I will do is to make Senate having been in continuous ses- House. So this has been untoward, and two unanimous consent requests I men- sion since convening yesterday, the I would hope we don’t have to waste tioned, and the majority leader may or Senate will suspend for a prayer from more time prior to sending it to the may not agree to them. The first is: the chaplain. House. I ask unanimous consent that the f Under the Senate rules, there are lots cloture vote at 1 p.m. be vitiated and PRAYER of opportunities to waste time, and that at the conclusion of my remarks The Chaplain, Dr. Barry C. Black, of- that is what we do around here now— the motion to proceed to the resolution fered the following prayer: we waste time. be agreed to. The Presiding Officer has been here The PRESIDENT pro tempore. Is Let us pray. longer than any other Senator, and he there objection? Eternal God, our refuge and strength, Mr. REID. Reserving the right to ob- may the fact that this Chamber has re- has seen how Senators have worked to- ject, my friend has had an opportunity verberated with a marathon of speak- gether over the years to get things to speak. I will speak for a longer time ing help us to remember to direct our done, not to stop things from hap- period in a few minutes about state- thoughts and words toward Your pening. ments he has made in the last several throne in continuous prayer for our Na- I haven’t been here as long as the dis- hours. But he has spoken. tion. You have challenged us to pray tinguished Presiding Officer, but I have At 1 p.m. the Senate will speak, and without ceasing, for the fervent pray- been here quite a while. I came to the we will follow the rules of the Senate. ers of the righteous avail much. Congress in 1982. I have seen the work I have said very clearly on a number of During this challenging season, give of Democrats and Republicans. I look occasions that we should be moving our Senators the wisdom to make full back with such pleasure that Senator quickly to get this to the House as and complete their commitment to Hatfield and Senator Danforth, an soon as we can. serve the American people. Equip our Episcopalian from Missouri—both Re- I object. lawmakers with the power to clearly publicans—worked to get things done. The PRESIDENT pro tempore. Objec- discern right from wrong so that integ- The late John Heinz was taken from tion is heard. rity will govern their words and ac- us far too quickly in an unfortunate

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