S12876 CONGRESSIONAL RECORD — SENATE December 10, 2009 I recently heard from Brad and Jo- care reform, let us keep in mind the way try to embarrass or denigrate me anne in Goodwin, SD. Brad is a cancer American families who are struggling by virtue of the fact that—in fact, try- survivor and Joanne is a heart attack to make ends meet in the face of job ing to embarrass me. What they should survivor. They had health insurance loss and rising health care costs. When understand is that any events I had coverage at the time of their illnesses we think of them, the urgency of scheduled for this weekend have been but still carry medical debt. After the health care reform is clear. canceled. Events I had last weekend economy forced the plant Joanne I suggest the absence of a quorum. had been canceled—four or five of worked for to close in October 2008, she The PRESIDING OFFICER. The them. To say the least, I would never, fell back on the health insurance cov- clerk will call the roll. ever intentionally come to the floor erage offered by Brad’s employer. She The legislative clerk proceeded to and try to talk to somebody about hav- relies on medication to manage her call the roll. ing had a fundraiser and that is why heart health and Brad requires regular Mr. REID. Mr. President, I ask unan- they are trying to get out of here. checkups to make sure he stays cancer- imous consent that the order for the The reason I laid out to the Senate free. In March of this year, the family quorum call be rescinded. what I thought was a reasonable sched- hit hard times again when Brad’s em- The PRESIDING OFFICER. Without ule is because, procedurally, we are ployer downsized and he was laid off. objection, it is so ordered. where we are. The rules of the Senate Today, Brad and Joanne are still un- f are such that once cloture is invoked, able to find work and their unemploy- that is what you stay with. I thought it TRANSPORTATION, HOUSING AND ment benefits are set to run out at the would be appropriate, because we have URBAN DEVELOPMENT, AND RE- end of the year. Even if they could find worked pretty hard here, to have a day LATED AGENCIES APPROPRIA- an insurance policy that approved or two off. Anything that was reason- TIONS ACT, 2010—CONFERENCE them for coverage despite their pre-ex- able, I would be happy to deal with ev- REPORT isting conditions, the price of health eryone. But there was no result from insurance in the individual market is Mr. REID. Mr. President, I move to this. Everything that can be done to far beyond their reach. So Joanne pays proceed to the conference report to ac- stall and to divert attention from this entirely out-of-pocket for her pricey company H.R. 3288, and I ask for the bill is being done. And that is too bad, heart medication and Brad can’t afford yeas and nays. because it is important legislation. to visit his doctor as often as he The PRESIDING OFFICER. Is there a Today, 14,000 Americans will lose should. They do not know what they sufficient second? their health insurance. Between now will do in the event they suffer another There appears to be. and 3:30, a number of people will die as medical emergency or if their unem- The Republican leader is recognized. a result of having no health insurance. ployment benefits run out before they Mr. MCCONNELL. Mr. President, I So we are engaged in some important are able to secure a new job. ask unanimous consent that I be al- stuff; as pundits have said, some of the Joanne and Brad’s story illustrates lowed to proceed for a moment here most important legislation that has the insecurity of many American fami- prior to the vote. ever been in this body. So I am going to proceed to follow lies who are one job loss away from los- The PRESIDING OFFICER. Without the rules of the Senate, and I am sorry ing access to the health care they need. objection, it is so ordered. we haven’t been able to work with the While South Dakota has been fortunate Mr. MCCONNELL. Mr. President, I Republicans in a constructive fashion not to have as high of unemployment say to my good friend the majority on this health care bill, but it is obvi- rate as other parts of the country, the leader, we have been anxious to have ous we haven’t. economic crisis has put more and more health care votes since Tuesday, and we have had the Crapo amendment Mr. MCCONNELL. Mr. President, I South Dakotans on unsteady financial ask unanimous consent to be able to footing. pending since Tuesday. You have said repeatedly, and I agree with you, that respond briefly. It is estimated that over 88 percent of The PRESIDING OFFICER. Is there the health care issue is extraordinarily South Dakotans have health insurance. objection? This too is an impressive figure com- important and that we should be deal- Without objection, it is so ordered. pared with other states, but it does not ing with it and debating it. Mr. MCCONNELL. Mr. President, I paint the whole picture. Nearly 61 per- So it is my hope that somehow, reiterate to my good friend from Ne- cent of South Dakotans either pur- through our discussions both on and off vada, all I said was the Crapo amend- chase health insurance in the indi- the floor, we can get back to a process ment has been pending since Tuesday. vidual market or have coverage of facilitating the offering of amend- We would like to vote on amendments. through their employer. These families ments on both sides of the aisle at the There has been some difficulty, appar- are at risk of losing their coverage for earliest possible time and we can get ently, in coming up with a side by side reasons out of their control, such as back to the health care bill. to the Crapo amendment. I understand those experienced by Brad and Joanne. The PRESIDING OFFICER. The ma- that. But I am perplexed that it would The Patient Protection and Afford- jority leader. take 2 days to come up with a side by able Care Act will guarantee these fam- Mr. REID. Mr. President, I am happy side. ilies access to affordable health insur- to respond through the Chair to my This, as has been stated by my good ance through life’s ups and downs. In- distinguished colleague. friend the majority leader, is the most surers will be barred from denying cov- I think it is pretty evident to every- important issue—some have said in his- erage for pre-existing conditions, dis- one here not only what has happened tory. It has been equated with a vari- criminating based on gender or medical here on the Senate floor but the state- ety of different monumentally impor- history, and will not be able to drop ments that have been made publicly tant pieces of legislation in American your coverage the moment you become and privately. And certainly I am not history. All we are asking is the oppor- ill and need costly treatment. New going to discuss any private conversa- tunity to offer amendments and get health insurance exchanges in every tions I have had, but based on Rush votes. I said it in a most respectful way state will provide a menu of quality, Limbaugh and Glenn Beck, which is on and meant it in a most respectful way. affordable health insurance plans for all the news today, they are upset at I think it is pretty hard to argue with the self-employed and those not offered Senator MCCONNELL because he is not a straight face that we are not trying coverage through their employer. Fam- opposing the health care bill enough— to proceed to amend and have votes on ilies who need assistance will be eligi- that in a reasonable process on this, this bill. That is what we desire to do. ble for tax credits to make the plan of there are no efforts being made to im- The majority leader certainly has the their choice affordable. prove this bill, only to kill this bill. right to move to the conference report. These commonsense solutions will I think the debate has come to a He has now done that—or we are about give every American one less thing to point that I have rarely seen in the to vote on doing that. All I suggested worry about when they get sick, Senate. In fact, I have never seen it. To was we would like to get back on the change or lose their job. As we con- have my friends on the other side of health care bill as soon as we can, re- tinue to work out the details of health the aisle come to the floor and in some sume the debate process on what has

VerDate Nov 24 2008 03:55 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.043 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12877 been described on an issue of historic priations Act. I will have a lot to say Hawaii—you will note that Hawaii pops importance, and let Senators vote, about this 3,000-page omnibus appro- up all the time here—$1.6 million to which is what we do here in this body. priations bill, but I would point out to build a tram between the Huntsville The PRESIDING OFFICER. The ma- my colleagues that it is loaded down Botanical Garden and the Marshall jority leader is recognized. with 4,752 earmarks, totaling $3.7 bil- Flight Center in Alabama; $750,000 for Mr. REID. Mr. President, I say to my lion; six bills, totaling $450 billion; 1,351 the design and fabrication of exhibits friend from Kentucky that I have an pages long, with 409 pages of earmarks. to be placed in the World Food Prize event I am going to now. I will vote Spending on domestic programs is in- Hall of Laureates in Iowa. and come back, and I will see if we can creased by 14 percent. Veterans spend- I am not making these up. This is the work something out. ing is increased by 5 percent. That same party and President that prom- The PRESIDING OFFICER. The shows the priorities around here. Let ised to scrub each one of these appro- question is on agreeing to the motion. me repeat that. Domestic spending pro- priations bills and get rid of the unnec- The yeas and nays have been ordered. grams are increased by 14 percent. essary ones. The clerk will call the roll. Military construction and veterans So we will be talking a lot about this The assistant bill clerk called the spending is increased by only 5 percent. bill. But I want to point out again what roll. Here we go again. Just a matter of is before us to the American people: six Mr. DURBIN. I announce that the months ago, in March, the Senate bills—not one—six bills, totaling $450 Senator from West Virginia (Mr. BYRD) passed a monstrous $410 billion, 3,000- billion; 409 pages of earmarks, 4,752 ear- is necessarily absent. page omnibus appropriations bill that marks, totaling $3.7 billion; and spend- The PRESIDING OFFICER (Ms. was loaded up with over 9,000 ear- ing on domestic programs is increased KLOBUCHAR). Are there any other Sen- marks. At that time, those of us who by 14 percent; MILCON and veterans ators in the Chamber desiring to vote? complained about the ridiculous spending is increased by 5 percent. The result was announced—yeas 56, amount of waste were ignored. In fact, I have met recently with the Gov- nays 43, as follows: the President’s Director of the Office of ernor of my State. We are suffering [Rollcall Vote No. 371 Leg.] Management and Budget, Peter Orszag, under incredible economic difficulties. YEAS—56 said in an interview that ‘‘this is last We are having the greatest financial Akaka Hagan Nelson (NE) year’s business. . . . We want to just crisis in the history of my State. Baucus Harkin Nelson (FL) move on’’—a truly remarkable state- Couldn’t they use some of this $3.7 bil- Begich Inouye Pryor ment coming from the man the Presi- Bennet Johnson Reed lion in earmarks to pay for some of the Bingaman Kaufman Reid dent put in charge of the government’s essential services that are having to be Boxer Kerry Rockefeller budget. cut back, not only in my State but all Brown Kirk Sanders In March, the majority leader placed over America? No. The beat goes on. It Burris Klobuchar Schumer Cantwell Kohl the blame for the omnibus spending Shaheen is business as usual here in Wash- Cardin Landrieu bill at the feet of President Bush. Sen- Specter ington. Carper Lautenberg Stabenow ator REID said: Casey Leahy And do not be surprised at the anger Conrad Levin Tester . . . we have a lot of issues we need to get of the American people over this way Dodd Lieberman Udall (CO) to after we fund the Government—something of doing business—bills 1,351 pages Udall (NM) we should have done last year but we could Dorgan Lincoln long, filled with earmarks and pork Durbin McCaskill Warner not because of the difficulty we had working Feinstein Merkley Webb with President Bush. that have nothing to do with the bet- Franken Mikulski Whitehouse terment of our Nation. Gillibrand Murray Wyden So what is the excuse this time? Where will the blame be placed now? Is So we will be talking a lot more NAYS — 43 the majority leader having difficulty about many of these porkbarrel amend- Alexander DeMint McCain working with President Obama? We ments that are in it. But it is awful: Barrasso Ensign McConnell have had all year to work on 12 annual $200,000 for ‘‘design and construction of Bayh Enzi Menendez the Garapan Public Market’’ in the Bennett Feingold Murkowski spending bills, and we only enacted 5 of Bond Graham Risch them through the regular order, and 1 Northern Mariana Islands. We will be Brownback Grassley Roberts hearing a lot more about it. Bunning Gregg of those 5 was passed and sent to the Sessions President before the new fiscal year Mr. THUNE. Will the Senator yield Burr Hatch Shelby Chambliss Hutchison for a question? Snowe began. Coburn Inhofe Thune We should be embarrassed by this Mr. MCCAIN. I will be glad to yield. Cochran Isakson Vitter Mr. THUNE. The Senator mentioned Collins Johanns process. Here we go again—faced with a Corker Kyl Voinovich whopping 1,350-page omnibus appro- that for these seven bills, the year- Cornyn LeMieux Wicker priations conference report, which con- over-year increase in spending is 12 Crapo Lugar tains six bills, spends $450 billion, and percent. Does the Senator from Ari- NOT VOTING—1 is loaded up with 4,752 earmarks, total- zona know what the CPI this last year Byrd ing $3.7 billion. Meanwhile, people are was? The motion was agreed to. out of jobs, they are out of their Mr. MCCAIN. The CPI was minus 1.3 Mrs. BOXER. Madam President, I homes, unemployment in my home percent, not to mention 10 percent un- move to reconsider the vote. State is 17 percent, and we are going to employment in America, not to men- Mr. AKAKA. I move to lay that mo- spend money on things such as $2.7 mil- tion people not being able to stay in tion on the table. lion—get this; I am not making it up— their homes, not to mention the hard- The motion to lay on the table was $2.7 million for supporting surgical op- est economic conditions in history, cer- agreed to. erations in outer space—supporting tainly, since the Great Depression. Mrs. BOXER. I suggest the absence of surgical operations in outer space—at Spending on domestic programs is in- a quorum. the University of Nebraska Medical creased by 14 percent. What brings that The PRESIDING OFFICER. The Center, Omaha, NE; $30,000 for Wood- down to 12 percent is they only in- clerk will call the roll. stock Film Festival Youth Initiative; creased veterans spending—veterans The legislative clerk proceeded to $13.9 million for fisheries in Hawaii— spending—by 5 percent. But opera call the roll. the list goes on and on and on and on— houses, rural bus programs, music pro- Mr. MCCAIN. Madam President, I ask $200,000 to renovate and construct the grams—$300,000 for music programs at unanimous consent that the order for Laredo Little Theatre. Carnegie Hall. Do you think Carnegie the quorum call be rescinded. We should not be spending American Hall needs $300,000 for music programs? The PRESIDING OFFICER. Without taxpayer dollars to replace worn audi- Mr. THUNE. If the Senator will yield objection, it is so ordered. torium seating and soundproofing ma- for another question, do any of these Mr. MCCAIN. Madam President, it is terials. The list goes on and on and on: numbers the Senator is talking about— my understanding we are now on the $800,000 for jazz at the Lincoln Center; this 12-percent increase in spending in fiscal year 2010 Consolidated Appro- $3.4 million for a rural bus program in these seven appropriations bills over

VerDate Nov 24 2008 03:55 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.046 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12878 CONGRESSIONAL RECORD — SENATE December 10, 2009 the previous year, at a time when fami- Mr. MCCAIN. Forty-three cents. And Crapo motion which would send the bill lies across this country are being asked do you know who they borrowed it back to committee to take out the tax to tighten their belts, small businesses against? Our kids and our grandkids. increases that are in it. Then we also are tightening their belts; as the Sen- They are the ones who are going to have the Dorgan amendment. I can un- ator said, we have record unemploy- have to pay for it. I do not think I will. derstand why maybe the majority does ment—do these numbers include the al- It is our kids and our grandkids whom not want to vote on Republican amend- most $1 trillion that was spent earlier we are laying it on. This is a colossal ments, but I sure don’t understand why this year in the stimulus bill? act of generational theft that we have they would object to voting on Senator Mr. MCCAIN. The stimulus bill has committed. And believe it or not, the DORGAN’s amendment, a Democratic nothing to do with that, I would say to American people have figured it out. amendment, because there have always my colleague, and we all know that. Mr. THUNE. There is no question. been more Democrats than Republicans This is entirely new, six appropriations The one thing that I guess is bother- for the Dorgan amendment, and quite bills, totaling nearly $450 billion which, some is most generations of Ameri- frankly, I am in a position where I by the way, the majority leader wanted cans—your generation, obviously— agree with that amendment. I am a co- to pass by unanimous consent. Re- worked hard, sacrificed so the next sponsor of it. I think we would have a markable. generation could have a better life. great deal of bipartisan support for the Mr. THUNE. I say to my colleague What we are basically doing is bor- Dorgan amendment. But now we are and friend from Arizona, that is a 12- rowing from the next generation be- just automatically away from the percent year-over-year increase and cause we have not been able to live health care debate and those amend- the five bills that have already passed within our means. That turns on its ments. had increases that were in the teens in head one of the great ethics of America So I am wondering why we had to do terms of the year-over-year increases that has served this country so well for this appropriations bill right now. I too. I do not know how, when you pass generations. Washington, DC, has not think there is growing realization that a $1 trillion stimulus bill, much of maybe public reaction, negative reac- which was distributed to Federal agen- learned the lesson that when you bor- row money, it has to be paid back, and tion to the legislation before us—re- cies that are also going to get these member that 2,074-page bill that is be- year-over-year 12-percent, 14-percent, that you cannot spend more than you take in. Forty-three cents out of every fore us—the public is getting wise to 15-percent increases in spending, we what is in that bill and there is objec- can justify that to the American tax- dollar last year was borrowed—all to be tion to it, and maybe now the majority payer or to hard-working Americans put on the bills of our children and party would like to have a little respite who are struggling right now to make grandchildren. from that debate. So I thought I would ends meet and have to balance their Mr. MCCAIN. The Senator is correct. come back to not the substance of the family budgets. States are struggling Madam President, I yield the floor health care reform bill debate but to a to balance their budgets. But here in and suggest the absence of a quorum. lot of organizations that oppose it and Washington, it seems as though it is The PRESIDING OFFICER. The why they oppose it, just to keep the spend, spend, spend. clerk will call the roll. public’s attention that we on this side Mr. MCCAIN. I would also respond to The assistant legislative clerk pro- my friend, it has to be in the context of ceeded to call the roll. of the aisle feel the health care issue is a revision over 10 years, recently, by The PRESIDING OFFICER. The Sen- very important. the Office of Management and Budget ator from Iowa is recognized. As I travel around Iowa, I hear a lot from a $10 trillion to a $12 trillion def- Mr. GRASSLEY. Madam President, I of concern about out-of-control govern- icit. The deficit for this year is $1.4 ask unanimous consent that the order ment spending. People are worried trillion, and I am not sure what it is for the quorum call be rescinded. about all of the bailouts, the banks, next year. But they could not have The PRESIDING OFFICER. Without and the automakers, the automakers known that in the Appropriations Com- objection, it is so ordered. such as General Motors being national- mittee when they passed spending The clerk will report the conference ized. They are worried about the rising measures such as this. report. rate of unemployment, which is 10 per- The point is, in the face of massive, The assistant legislative clerk read cent now. They don’t see how we will unprecedented deficits, unfunded liabil- as follows: ever dig ourselves out of the deficit ities in Social Security and Medicare, The committee of conference on the dis- hole we are in, a deficit that has been where we are asking Americans all agreeing votes of the two Houses on the increased by $1.3 trillion since Presi- over to tighten their belts—in my amendment of the Senate to the bill (H.R. dent Obama’s inauguration. State essential services are being cut 3288), making appropriations for the Depart- As Senator MCCAIN just pointed out, ments of Transportation and Housing and the bill that has now come before the because they do not have enough Urban Development, and related agencies for money—this is the same business as Senate to fully fund the Federal Gov- the fiscal year ending September 30, 2010, and ernment has 12.5-percent increases in usual that we have seen for years. for other purposes, having met, have agreed I saw a poll yesterday—it was in a that the House recede from its disagreement it. From that standpoint, it seems to Hotline poll or one of those—that the to the amendment of the Senate and agree to me we are getting away from a com- approval rating of Members of Congress the same with an amendment, and the Sen- monsense principle that we ought to is below that of used car salesmen. I ate agree to the same, signed by a majority use around here on spending, and that have not met those who express their of the conferees on the part of the two is that spending shouldn’t eat up any approval. So we should not be surprised Houses. more than the economic growth of the at some very interesting things that (The conference report is printed in tax base that is coming into the Fed- may take place in the elections coming the RECORD of December 8, 2009, begin- eral Treasury to support that spending. up this November. But it is unfortu- ning at page H13631, Book II.) Quite obviously, you can’t have 12.5 nate, that is all. The PRESIDING OFFICER. The Sen- percent increases in appropriations Mr. THUNE. I say to the Senator, one ator from Iowa. this year over last year, and last year final point I would make is, of all that Mr. GRASSLEY. Madam President, I was 9 percent over the previous year. spending the Senator mentioned—and know we have moved to the Omnibus You just can’t sustain that. Common again the $1 trillion in stimulus money appropriations bill to continue govern- sense dictates against it. But what was all borrowed money; that was all ment, and the time is running out for rules here in Washington is just a lot of added to the debt, will be added to the the current authorization bill, and this nonsense. debt, and is going to be paid for by our brings us back to the authorization of So our constituents are confused. children and grandchildren, but the $1.4 spending, but it also takes us away They are confused as to why, in the trillion the Senator mentioned that from health care reform. face of all these fiscal problems, some last year constituted the Federal def- On this side of the aisle, we have in Congress are now proposing $500 bil- icit means that out of every dollar the been waiting for a long period of time lion in tax increases. Tax increases are Federal Government spent last year, 43 to vote on some amendments that are very bad for the economy. It is more cents was borrowed. now before the Senate, such as the difficult to get out of the recession as

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.048 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12879 you increase expenditures. They don’t the machines that keep America run- dresses the problems of small business. understand why some are proposing the ning, so they should know a little bit In fact, it sounds as though the pending largest Medicaid expansion since the about how to get our economy running bill simply creates a host of new prob- program’s creation. They want to know again. Unfortunately, they see Senator lems—problems at a time when this why they are proposing $500 billion in REID’s bill as a step in the wrong direc- country is coming back from the brink Medicare cuts to create an entirely tion. Like the Chamber and like pretty of the greatest economic downturn new entitlement program that this much every other business group, the since the Depression. country can’t afford. National Association of Manufacturers The National Federation of Inde- Nowhere are these worries and this has announced that they cannot sup- pendent Businesses goes on to say: confusion more evident than among port the pending bill. There is no doubt all of these burdens will business leaders of America because I find it hard to believe that some be paid for on the backs of small businesses. business is where jobs are created. Gov- Senators who claim to be probusiness Over the coming weeks, I am sure ernment does not produce wealth; gov- can support a bill that is opposed by al- some Senators are going to come down ernment consumes wealth. So if you most the entire business community— here and talk about all of the benefits want to expand the economy, you do it or am I missing something? How can for small businesses that are in this through the private sector. That is some Democrats who claim to want to bill. But in the interest of honest de- where the resources of government get people back to work support a bill bate, I hope they will at least mention come from. That is where the resources that economists from the far right to in their remarks that despite all of the that sustain our people come from. the far left say will reduce wages and so-called benefits, this bill is still op- So whether it is a small business increase unemployment? It just doesn’t posed by the voices of America’s small owner on Main Street or a CEO on Wall seem to make sense. businesses. It is still opposed by the Street, the message is clear: Stop Like other business groups, the Na- National Federation of Independent spending, get the economy back on tional Association of Manufacturers is Businesses. I could go on and list about track, and get people back to work. in favor of reform. Manufacturers real- half a dozen other business groups that Unfortunately, the health reform bill ize that we need health reform to lower oppose this bill. The Associated Build- will not address any of these goals. In costs, increase access, and improve ers and Contractors, the Independent fact, it may just do the opposite. Don’t quality. But according to their press Electrical Contractors, the Inter- take my word for it. Let’s take a look release, they cannot support a bill that national Franchise Association, the at what the groups that represent will—this is their quote—‘‘add massive National Association of Wholesalers, American businesses are saying. financial burdens to businesses that the Small Business and Entrepreneur- Let’s start with the Chamber of Com- are already struggling in this reces- ship Council, and the International Food Service Distribution Associa- merce representing 3 million American sion.’’ They go on to express deep con- tion—all of these groups recognize the businesses. In a press release distrib- cern about huge tax increases that will devastating impact this bill will have uted November 19, 1 day after the re- hurt small business manufacturers, and lease of the Senate bill, the Chamber on our economy. they are worried that both the so- We are facing the highest unemploy- called the Senate bill a ‘‘Missed Oppor- called public option and the massive ment rate in 26 years. We have already tunity to Enact Meaningful Reform.’’ Medicaid expansion will just end up seen the national debt increase by $1.3 That was their title. shifting more costs and higher pre- trillion since inauguration or per Let me go to a specific quote: miums to private businesses. household $11,535. The pending bill This bill still contains a government-run The National Association of Manu- misses the mark on business’ top pri- plan and an onerous employer mandate, it facturers ends their press release by ority, and that is lowering costs. Don’t taxes working Americans, slashes Medicare, saying: take my word for it. The Congressional spends over a trillion dollars—and after all Oppose the majority leader’s bill and urge this—CBO tells us 24 million Americans will Budget Office says the Reid bill bends Senators to do the same as it raises costs the Federal spending curve further up- still not have health insurance. and ultimately will destroy jobs. ward by a net of $160 billion between That doesn’t sound like the kind of Again, I find myself asking how reform that is going to help get the 2010 and 2019. someone can claim to be probusiness For these reasons, the pending bill is chamber members back on track hiring but support a bill that is so strongly opposed by these organizations I have more workers so we can get this unem- opposed by the business community. quoted: the National Association of ployment down. It sounds as though Let’s take a look at what small busi- Manufacturers, the Chamber of Com- they will end up being forced to pay nesses have to say. Maybe that is merce, the National Federation of higher taxes and cut jobs. I am not an where the answer is. You have to re- Independent Businesses, as well as al- economist, but that certainly doesn’t member that small businesses create 70 most every other business group based sound like a formula for getting this percent of the net new jobs in America. in Washington, DC, or maybe, for all I country out of the recession. In fact, it was Christina Romer, the know, they are based in other parts of In fact, the chamber’s press release President’s top economic adviser, who the country, but they still follow legis- says: said in a recent Webcast that health lation here in this city, in the Con- The Chamber believes the path to a care reform will ‘‘benefit small busi- gress. healthier economy is to cut taxes, not to ness—not burden it.’’ The business community has spoken, raise them by $500 billion. Unfortunately, the National Federa- and their message is loud and clear. They go on to ask a question for tion of Independent Businesses, the For Senators who want to bend the which I still can’t find an answer: voice of small businesses, doesn’t seem growth curve down—and that is what Why is there still no meaningful medical to agree. After the release of Senator we all set out to do, but we don’t have liability reform? Is currying favor with the REID’s bill, the National Federation of a bill before us that does it—this bill is trial lawyers worth passing up $50 billion in Independent Businesses said this: not the answer. For those Senators CBO verified savings? This kind of reform is not what we need to who want to get people back to work, I think it is pretty clear that the encourage small business to thrive. We op- this bill is not the answer. Chamber of Commerce doesn’t think pose the Patient Protection and Affordable For those Senators who want to get this $2.5 trillion bill will cure what ails Care Act due to the amount of new taxes, the this country’s economy back on track, the U.S. economy. creation of new mandates, and the establish- this bill is not the answer. Let’s see what some other business ment of new entitlement programs. If you support American businesses— groups have to say. The National Asso- Like the chamber and the National and American businesses are what pro- ciation of Manufacturers put out a Association of Manufacturers, small vide the income into the Federal press release the same day as the businesses want and need reform, prob- Treasury, whether it is corporate tax Chamber of Commerce, November 19. ably more so than even chamber mem- or income tax—it seems to me that if The National Association of Manufac- bers and the National Association of you have pride in American businesses turers is the Nation’s largest industrial Manufacturers. But it doesn’t sound as and the jobs they create, you cannot trade association. Their members build though the pending bill actually ad- support this bill.

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.053 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12880 CONGRESSIONAL RECORD — SENATE December 10, 2009 I yield the floor. In addition to these important in- Mr. CRAPO. Madam President, I wish The PRESIDING OFFICER (Mrs. vestments in transportation, the bill to speak on the Omnibus appropria- MCCASKILL). The Senator from Wash- represents a firm commitment to pro- tions bills, to which we just moved, as ington is recognized. vide critical housing and supportive well as to return and make some com- Mrs. MURRAY. Madam President, I services to families most impacted by ments on the health care legislation rise this afternoon to speak about the the economic crisis. from which we just retreated. Transportation-Housing title of the bill This bill includes increased funding First, regarding the Omnibus appro- now before the Senate. This is a bill for the section 8 program, which pro- priations bill, I am very concerned that has broad bipartisan support be- vides housing for low-income families about the fact that, as my motion is cause it addresses the very real hous- across the country. In addition, the bill pending on the health care bill, dealing ing and transportation needs of Amer- increases housing programs for some of with one of the more important issues; ican families across the Nation. our Nation’s most underserved popu- namely—the President’s pledge to There is a lot to be proud of in this lations, such as the elderly, the dis- make sure no one in America who conference report, and I am pleased abled, and Native American commu- makes less than $250,000 as a couple or with what we have been able to accom- nities. $200,000 as an individual will be re- plish working with my colleague from Senator BOND and I are particularly quired to pay for the unbelievably high across the aisle, Senator BOND, Chair- proud that this bill includes $75 million cost of this bill. man OLVER on the House side, and Con- for vouchers for the joint HUD-Vet- While we were facing that amend- gressman LATHAM and all their staffs. erans Affairs Supportive Housing Pro- ment, the majority has decided they This bill makes needed investments gram. That program will provide an ad- will shift from the bill—I understand in our transportation infrastructure, ditional 10,000 homeless veterans and that is a tough vote to take because creating critical jobs, while also sup- their families housing and supportive the bill contains so many hundreds of porting housing and services for our services. We should all be very proud of billions of dollars of new tax increases Nation’s most vulnerable. the inclusion of that in the bill. that the American people squarely in It ensures that two critical Federal I am also pleased the bill includes the middle class will be called upon to agencies—departments that commu- more than $150 million for housing share. We should not have shifted from nities across the country depend on— counseling programs to help families the health care debate to move to the have the resources they need to keep avoid scams and stay in their homes, Omnibus appropriations bill, not only our commuters safe and our commu- instead of facing foreclosure. because of the importance of the issues Our bill provides assistance to those nities moving and prospering. we are dealing with on the health care who need it most, and it directs re- The bill before us touches the lives of legislation but because of the Omnibus sources in a responsible and fiscally Americans in ways they can appreciate appropriations bill itself. each day. Because we are talking about prudent way. It addresses the needs of families and This Congress cannot control its ap- transportation projects and housing as- businesses in every region of the coun- petite for spending. The appropriations sistance, we are also talking about jobs try—families who are looking for the bill we see before us now is called om- and stemming a housing crisis that has Federal Government to step up and nibus because it packages together contributed to our current economic provide solutions to everything from seven of the original appropriations troubles. congestion solutions to transportation bills this Congress has been working Whether it is the parent who com- safety, to foreclosure assistance, to af- on—and we are studying them to find mutes every day and needs safe roads fordable housing. out the details. But from the informa- or new public transportation options so This bill helps our commuters, home- tion I have received, the average rate they can spend more time with their owners, and the most vulnerable in so- of growth in spending in this bill over- families or a business that depends on ciety. Most important, it will create all—over those seven bills—is some- solid infrastructure to move goods and jobs and support the continued recov- where between 12 percent and 14 per- attract customers or the young family ery of our national economy. cent growth in searching for a safe and affordable I hope we can get past the differences Federal spending. community in which to raise their chil- we have and move quickly to send this This Congress has generated a $1.4 dren or the recently laid-off worker bill to the President’s desk. trillion deficit in less than 12 months. who needs help to keep his or her fam- Before I close, I thank all our Senate For next year, we want to see Federal ily in their home, this omnibus bill be- staff who worked extremely hard over Government grow by another 12 to 14 fore us has a real impact on Americans this past year to move this bill forward percent. That doesn’t count the new who are struggling in these troubling to our subcommittee, through full stimulus package spending that is economic times. committee, to the floor of the Senate, being talked about, and it doesn’t Our bill takes a balanced approach through conference committee, and count the spending—that almost $2.5 that addresses the most critical needs now here at its final stop before it trillion in new spending—contemplated we face in both transportation and reaches the President’s desk. They in the health care legislation, and any housing, while remaining financially have worked many weekends and eve- number of other pieces of legislation responsible and staying within the con- nings putting this together. These staff waiting in the queue to come before straints of the budget resolution. members are: Matt McCardle, John the Congress. I am especially pleased that the bill Kamarck, Ellen Beares, Joanne At some point, fiscal restraint has to provides over $10.3 billion to support Waszczak, Travis Lumpkin, Grant return to Washington, DC. We have not and expand public transit, which con- Lahmann, Michael Bain, Dedra Good- seen it here for far too long. I know it tinues to see record growth in rider- man and Alex Keenan and especially is very tempting to just say we can pile ship. Meaghan McCarathy and Rachel the debt on our children and grand- The bill also includes $600 million for Milberg for their outstanding efforts to children and spend what we want to the competitive multimodal surface help us get this bill to the floor today. spend today. There are those who say transportation grant program, which We are the ones who stand before ev- the only way we can have a strong supports projects making a significant erybody and take credit for these bills, economy is to spend ourselves into impact on communities and regions—in but it is our staffs who have helped us prosperity. Yet it is not the govern- addition to the over $41.8 billion in- get here. I thank the staffs on both ment that creates jobs. It is the forma- cluded for our Nation’s roads and sides of the aisle for getting us here tion of capital, the investment by bridges, which will support good-pay- today. small businesses and entrepreneurs in ing construction jobs and lead to safer I urge our colleagues to get past our new ideas and products, and the expan- and more reliable infrastructure. differences and move the bill quickly sion of business in the United States These transportation investments to the President’s desk. that will allow us to sustain a strong, are critical to supporting our Nation’s I yield the floor. healthy growth in our economy. economy and creating good-paying The PRESIDING OFFICER. The Sen- If we continue to rely on borrowing jobs. ator from Idaho is recognized. money from the future in order to

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.055 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12881 spend ourselves into prosperity, we will million Americans in the middle class, It is my hope that as the Senate goes continue to see our national debt as defined by the President, who will through the next few weeks of debate mount to a point where it cannot be pay hundreds of billions of dollars in on this legislation, as well as the other sustained. We are already at a $12 tril- taxes. legislation we bring before us, we will lion national debt, a national debt that My amendment would simply require remember our children and our grand- is projected to double over the next 10 that those taxes be taken out of the children and all Americans today who years to $24 trillion. I object to moving bill, the President’s pledge be honored are calling for the kind of true health off the health care bill, where we had in the bill, and the bill then be put into care reform that will truly address the such critical amendments and motions a posture to return to the floor for fur- kind of fiscal responsibility and the pending. I object to moving to a bill ther debate. kind of cost containment that we that will now increase the spending of There is one other item I would like should be seeking in this Chamber. the Federal Government by 12 to 14 to talk about. One of the things that is I yield back my time. percent. often said by the opponents of my The PRESIDING OFFICER. The Sen- Let me shift for a moment and talk amendment is that this bill actually ator from North Carolina. more about the health care bill. The drives down the spending curve. Mr. BURR. Madam President, I rise motion I had brought—the pending mo- When they say that, I wonder what to reiterate exactly what my colleague tion before the Senate—or it was before curve they are talking about. Are they just said, that transparency with the we shifted off the health care bill—was talking about the size of government? American people on the cost of this a simple motion that would have re- No. The size of government under this plan is absolutely essential. If you are quired the bill to be committed to the bill grows up by $2.5 trillion. Are they going to tax the American people, tell Finance Committee, with instructions talking about the cost of health care? them what you are going to tax. If you to the Finance Committee to take out No. The CBO study indicated very are going to cut their benefits, tell those parts of the bill that impose a clearly that at best Americans will not them what you are going to cut. Do not tax increase on people in the United see the cost of their health care go use smoke and mirrors to create a pan- States who earn less than $250,000 as a down. For those in the most needy cat- acea for the people down the road to couple or $200,000 as individuals. egories, the 17 percent of Americans find out they have been sold a pig in a Very straightforward, it is exactly who are in the individual market, their poke. what the President pledged he would health insurance will actually go up by I want to talk about not what has do, on multiple occasions, to the Amer- 10 to 13 percent. been introduced but what has been re- ican people. Yet we have shown there Are they talking about the Federal ported in the press as to where we may are almost $500 billion of taxes in the deficit? Actually, CBO says the deficit go on this bill. first 10 years of this bill. If you look at will go down. That is not the size of the As many know, the bill that is under the real first 10 years after the spend- government, but that is the size of the consideration that is supposed to re- ing has kicked in—the 2014 to 2023 time debt or spending each year. But how form health care is a bill that was period—it is almost $1.2 trillion in new does it go down? It goes down only if crafted in a back office in the Capitol taxes, a huge portion of which falls on you use the budget gimmicks that I where very few people participated, and will outline in just a minute or if you the middle class. The response has been those who did participate were only include all the taxes, the hundreds of that actually this bill is a net tax cut. Democrats. It was not until it was billions of dollars of taxes that are in How can that be? The only way it can rolled out on the Senate floor that the bill, and if you count the Medicare be claimed to be a tax cut is if you many of us had an opportunity to read cuts that are in the bill. take the subsidies in the bill—about Take out any one of those—the near- the 2,074 pages. If the American people $400 billion worth of them—which are ly $500 billion of Medicare cuts, the are like I am, we are still working our used to provide people at lower income nearly $500 billion of taxes, or the way through section by section trying categories, who don’t have adequate budget gimmicks—and this bill does to figure out exactly what it says and, access to insurance, with a subsidy to- not drive the deficit curve down. more importantly, exactly what it ward the purchase of insurance and if What are the budget gimmicks—and I means and, even more important than you call that a tax cut. In the bill, it is will close with this—what are the that, how does it affect me? How does actually called a renewable tax cred- budget gimmicks about which I am it affect my family? it—even though $300 billion of the $400 talking? There are a number of them. You see, health care is a very per- billion goes to individuals who do not The biggest is that the proponents of sonal issue for everybody in this coun- pay taxes, do not have a tax liability, the bill do not count the first 4 years of try. It is important that we display the and it is scored by the CBO as spend- spending. If you look at the 10-year honesty they expect from us. If, in fact, ing, not tax relief. Even if you were spending cycle of the first 10 years of we are going to reform health care, willing to count that money as tax re- the first part of this bill, the taxes go then let’s reform it. If we are going to lief, then you would have a situation in into effect on the first day the bill is do what we have done over the past which 7 percent of the Americans law, on January 1 of next year. The several weeks, which is have a debate would be receiving these government spending does not start until the year about coverage expansion, then let’s be subsidies, while the remainder would 2014. honest with the American people. Who be paying the price—paying the taxes. So we have 10 years of taxes, 10 years is going to pay for it? To put some numbers on that, out of of Medicare cuts, and 6 years of spend- We know how CBO looked at the bill 282 million Americans who have insur- ing. That is how they are able to say it and how it was designed by the major- ance in America today—or will have in balances out. If they started the spend- ity leader. They are going to steal $464 2019—only 19 million would receive this ing and the taxing on the same day and billion from Medicare. That is a fact. tax credit being talked about. Remem- did not give themselves a 4-year run of Nobody disagrees with that. Madam ber, the vast majority of them get tax collection until they start the ac- President, $464 billion would be stolen what is called a tax credit, but it is a tual implementation of the spending from Medicare which the Medicare government subsidy going to those who part of the bill, it would drive the def- trustees say will be insolvent in 2017, a have not generated a tax liability, and icit down also. mere 8 years from now. I am not sure 157 million of the 282 million would be All we need to do in this Senate is to that is fiscal responsibility, but it is in people who get health insurance slow down, refer the bill back to com- the bill. through their employer and will not be mittee, have them fix the provisions on In the last 24 hours, the press reports eligible for that health insurance. taxes, and then work on some of the the majority leader has sent a new pro- After you do all the numbers and common ground we know we have that posal to CBO, the Congressional Budget take out the taxpayers who make less will help bend the spending curve down Office, because he is seeking to find out than $250,000 a year as a couple or and will help improve the situation for what that new proposal will cost. If the $200,000 as an individual, the bottom Americans across this country who are reports are correct, he has decided to line is, after all those who are sub- calling for us to control the sky- drop the public option and to craft a sidized are taken out, there are still 42 rocketing costs of health care. new coverage plan for some segment of

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.056 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12882 CONGRESSIONAL RECORD — SENATE December 10, 2009 the American people. Again, by news If you like your plan, you get to keep and 10 years of benefits going out, this accounts only, that would be an expan- it; if you like your doctor, you can con- bill before the revision yesterday is a sion of coverage for individuals in this tinue with him. We are putting a bur- $2.5 trillion bill. It will contribute to country 55 to 64. I do not know whether den on the doctor or the hospital to the debt. It will borrow money that our that is the entirety of the group. That make a determination as to how they children will be obligated to pay inter- is 24 million to 30 million people. The monitor and control their payer mix by est on and pay back. likelihood is if it were opened to any one simple change: by increasing the This just compounds the problem, a segment, it would be like a magnet to opportunity for people to participate in breakthrough. This is not about policy; those who probably had some type of a program that up to this time has this is about in a back room in Wash- health condition because if you do not been sacred and, I might also add, is a ington in the U.S. Capitol, where the have a health condition, the likelihood program that every participant has majority leader was trying to get to 60 is, in the open marketplace through paid in their lifetime to be enrolled in. votes. It is real simple. your employer, if you are employed, Medicare is a trust fund. I think we Listen to the American people and you can find a reasonably priced plan. forgot that, when we arbitrarily said we would start over and we would start Automatically, the way we have de- we can take $464 billion and steal it out over with the principles of the Presi- signed it is we are going to attract the of Medicare and use it to fund this new dent: Make sure what you do reforms sickest of that population. entitlement. This is not our money to health care, attracts 100 percent of the American people because of access and In the process of doing that, we have steal. This is the beneficiaries’ money affordability, and it is fiscally sustain- to pause for a moment and realize that that they have paid taxes on their en- able for generations to come. we have over 40 million seniors and dis- tire life to fund their Medicare bene- abled already in Medicare. It is a sys- The truth is, we have been on the fits. Senate floor for 2 weeks. We have de- tem that does not reimburse for 100 I am not sure why we believe we have percent of the services provided. In bated a bill that does coverage expan- the right to go in and move that money sion. I admit openly, it covers 3l mil- other words, for Medicare, we reim- from one account to another, where, in burse a doctor and a hospital less than lion more Americans. But it misses the essence, we are moving it from one ac- mark of doing any health care reform it costs them to deliver the service. Na- count and using it for somebody to- tionally, we have accepted that be- because, you see, the bill, before the tally different. It is unfair to those who press accounts of the last 24 hours, as- cause in that system, when a senior planned a lifetime for this. goes in under Medicare and gets a serv- sured every American that if they had Let me go back to the payer mix. As private insurance or they paid out of ice, what is not reimbursed is then you increase the rolls of Medicare shifted over to the private sector side. pocket, their health care costs were beneficiaries, you affect the viability going up. There is no way they could It is shifted over to people who pay out of every outlet of medical services— of pocket. It is shifted over to people not. hospitals, doctors, this could also af- Now what we have done is we have who have private insurance. fect pharmacists. It is important that Doctors and hospitals have been suc- shifted and said we are going to in- we realize we have already increased in cessful at managing their payer mix. A crease the amount of the cost shift. Let this bill the number of individuals who lot of doctors have X amount of Medi- me explain for just a minute what a will be covered under Medicaid. The care, X amount of Medicaid, and X cost shift is. Cost shift is when some- majority leader’s original bill man- amount of private pay. When they put body goes in and is provided a medical dates that every State will now raise them all together, they find a way to service, and if they do not pay for that their limit on Medicaid participation stay in business. service or they do not pay the entire I think it is safe to say if you change from 100 percent of poverty to 133 per- cost of that service, what is left over is the doctors’ payer mix or you change cent of poverty. Medicaid reimburses shifted somewhere in the system. Well, the hospitals’ payer mix, you could at about 72 cents of every dollar of somewhere in the system is the next take a provider and move them from service provided. When you do that, person who walks in with insurance or slightly profitable, enabling them to you have now enrolled between 11 mil- who pays out of pocket. Because of the practice, over to losing money based lion and 15 million new covered lives blend they have to meet, they pick up upon how the payer mix reimburses under Medicaid. the difference. them. So every provider in the system is al- Why has health care had such a phe- My point is, as you take people out of ready looking at what has been pro- nomenal increase in cost? It is because private pay, which is coverage by their posed—until the press accounts of the as we increased the rolls of Medicaid, employer under a health care plan, last 24 hours—and said: I am going to as we had more seniors go into Medi- payment out of pocket or purchase of have 11 million to 15 million more peo- care, we had more costs that were health insurance, where that health in- ple. I am being reimbursed 72 cents of shifted. Up to this point, the President, surance pays at 100-plus percent of the every dollar provided. It is hard to stay the Congress, and others were only fo- cost of a service provided, we are basi- in business when it costs you a dollar cused on the uninsured and the under- cally putting 24 million possibly new to deliver a service and you get 72 insured. Well, they are a contributor to additional covered lives into Medicare cents back as payment. the cost shift, there is no question. But under Medicare reimbursements. They are already trying to figure out let me suggest to you that if we pro- Through that, we automatically how they are going to adjust their vide insurance—and we should provide change the payer mix of every poten- payer mix to meet the demands when access and affordability for every tial provider in America. We put in all of a sudden we come out with a new American. By putting people into Med- jeopardy the doctor. We put in jeop- proposal that the press accounts say icaid, all you are doing is exacerbating ardy the hospital. We put in jeopardy we could enroll 24 million people in, the cost shift. If, in fact, you create a anybody who provides a service under that further contributes to cost shift. health care system that has an incen- Medicare. Let me say to my colleagues, I was in tive for an individual not to purchase What is the doctor going to do? The full agreement with the President their own health care because it is doctor can look at it and say: I can ab- when he came out and said: Here are cheaper to pay the fine, all you are sorb the reduction and the change in our goals. We have to reform health doing is exacerbating the problem of the payer mix or the doctor may look care. We have to focus on making sure cost shift. at it and say: I cannot add any more every American has access and afford- Health care reform is about changing Medicare beneficiaries. I am sorry, I able options to health care. We have to the health system so that cost shift is saw you before when you were on pri- make sure it is fiscally sustainable. eliminated. Quite frankly, it starts vate insurance, but I cannot continue Why, in the 21st century, would we with making sure we pay 100 percent of to see you because now I do not get re- design a health care system that we what the cost of the services are. But imbursed sufficiently. So you are going could not be certain was financially we are not having that debate. This de- to have to find another doctor. sound for generations to come? bate on the Senate floor right now, 2 Now we have gotten into the core The truth is, by every account, in a weeks before Christmas, is about cov- pledges of the President where he said: real 10-year period, 10 years of taxes erage expansion. It is not about health

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.057 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12883 care reform. If it were about health their position on health care reform. viduals earning less than $50,000 would, care reform, we would be talking about They do not see it as reform. They do on average, receive tax relief through how we create an incentive for private not see it as positively affecting them- this subsidy equal to $875. Families companies to create products that selves. They see it as too expensive, earning less than $75,000 would, on av- allow an individual to construct their they see it as a breach of trust on a erage, receive tax relief equal to $2,031 health insurance so that it matches plan that seniors have become 100 per- from the subsidy. This so-called tax re- their age, their income, and their cent reliant on because they paid into lief, however, is in the form of an ad- health condition. That is not what we it. vance refundable tax credit that is de- are doing. We are sitting in Wash- This path has a lot of problems. It is livered directly to the insurance com- ington, creating a one-size-fits-all pro- not just the new proposals, it is the pany providing health insurance cov- gram and saying: You know what, if proposal that has been on the table for erage, not to the individual but signed, this doesn’t fit, well, we are going to some time. It is my hope that we will sealed, and delivered directly to the in- create a government option for you, continue this debate as long as it takes surance company—100 percent of it. I and we will subsidize you and put you to make sure that at the end of the day repeat: not to the individual but to the in the government option. Where is we do what is right for the American insurance company. Clearly, this group that fair to the American taxpayer? people and not necessarily what is ex- is a winner under the Reid bill. But the That is why Senator CRAPO’s motion peditious for Members who would like same data from the Joint Committee is so important. Refer it back to com- to be home for the holidays. on Taxation indicates that in 2019, in- mittee. Start over. We have our prior- I thank the Chair, and I yield the dividuals earning between $50,000 and ities wrong as it relates to our ability floor. $200,000 would, on average, see a tax in- The PRESIDING OFFICER. The Sen- to dip into the American people’s pock- crease of $593. That is for individuals. ator from Iowa. ets and use their money to fund some- Now, let’s go to families earning be- Mr. GRASSLEY. Madam President, thing that is not going to benefit them earlier today I explained to my fellow tween $75,000 and $200,000. They would, one bit. This would be a different de- Senators, and hopefully to my friends on average, see a tax increase of $670. bate if we could look at the people who So what does all this mean? This in the media, that the Reid bill does are not covered and say: We have fis- means the Reid bill does not cut taxes not provide a net tax cut for Ameri- for all Americans. To the contrary, the cally maximized our ability to provide cans. Contrary to the Democrats’ Reid bill breaks Obama’s promise not you health care but not necessarily claims, that seems to be the situation. to tax individuals making less than abused the American people’s pockets They claim there is a net tax cut. I $200,000 and families making less than to do it. hope I proved earlier today that it does America is the most compassionate not have a net tax cut. Some Ameri- $250,000 a year. And you just can’t country in the world. But when we de- cans are cut, but don’t forget that know how many times President bate things such as this, we are also some Americans have increases in Obama, during his Presidential cam- the most foolish country in the world taxes. I pointed directly to this data, paign—whether in debates or in indi- because it is irresponsible on our part as prepared by the Joint Committee on vidual appearances when he was a can- to abuse the power of this government Taxation, to show that a group of mid- didate—made it very clear that nobody to spend money like this without the dle-income taxpayers will see their with under $200,000 a year in income benefits that we set out to achieve. taxes go up under the Reid bill, and was going to see a tax increase. To the So it is my hope that as we go that would be this class of taxpayers contrary, the Reid bill breaks Presi- through the weekend, we will have an right here. I don’t disagree with Demo- dent Obama’s pledge not to tax individ- opportunity to see what the new pro- crats saying there is $40,786 million of uals making less than $200,000, and posal is that is laid down on the table. tax cuts, but there are also tax in- then a higher figure for families mak- Again, I have to go by what I read, and creases for a large share of Americans. ing less than $250,000. that is not always accurate in this I want to now build on those earlier Does the tax relief provided to indi- town. remarks. As I stated, there is clearly a viduals earning less than $50,000 and The CBO has stated that a similar group of individuals and families who families making less than $75,000 rep- proposal, which was a proposal for a benefit from the government subsidy resent a tax cut? Generally, no, be- buy-in at the age of 62, would result in for health care. However, that group is cause based upon the report of the an adverse selection in the Medicare relatively small. Another much larger Joint Committee on Taxation, of the Program and would drive up premiums. group would see their taxes go up. So I $395 billion the government will spend Let me quote CBO because I don’t want want to take a minute to provide some on tax credits for health insurance—or it just to be me. This is what the CBO statistics that we pulled from the data subsidies for health insurance—$288 bil- said: of the Joint Committee on Taxation lion will be refundable, meaning indi- A potential problem with this option is looking at both the winners and the viduals and families who have no tax that the amount of adverse selection that losers under the bill. liability will still receive the full ben- the program experienced could be greater For the benefit of the public, the efit. The Joint Committee on Taxation than anticipated, which would put upward Joint Committee on Taxation is an in- tells us that the remaining $106 billion pressure on premiums. tellectually honest group of profes- will go toward reducing real tax liabil- CBO is the entity that is evaluating sionals who are nonpartisan, and they ity. the cost of the current proposal, which give Congress information on the im- The Congressional Budget Office nobody knows what is in it. But this pact of policies we make here in our classifies a benefit provided to tax fil- was a proposal that was sent to them various committees or as individuals or ers with no tax liability as government some time ago that had the buy-in the Senate as a whole. spending, not as a tax decrease. This is starting at 62, not 55, and their assess- According to this professional group, compared to a tax benefit that actually ment of it, with a buy-in of 62, is that the Joint Committee on Taxation, out will reduce a taxpayer’s tax liability. the adverse selection—meaning more of those individuals and families af- This means the $288 billion of govern- sick people were going to migrate to fected by four major tax provisions ment spending through the Tax Code this new option—would cause upward under the Reid bill, individuals earning cannot be considered a true tax reduc- pressure on Medicare premiums and up- more than $50,000 and families earning tion. ward pressure on premiums across the more than $75,000 would see, on aver- The Democrats count the $288 billion board. age, their taxes going up. Only individ- in government spending when claiming So it is my hope that we will have an uals with incomes below $50,000 and the Reid bill provides a tax cut. And opportunity very soon to know what is families with incomes below $75,000 the reason is if the Democrats do not in the proposal and to be able to debate would, on average, see some tax relief count this government spending as a the facts versus just trying to educate on account of receiving subsidies for tax cut, they could not hide the fact ourselves based on the leaks from the health insurance. that the Reid bill increases taxes. media. But there is one thing for cer- The data of the Joint Committee on Bottom line: The Reid bill does not tain: The American people have voiced Taxation indicates that in 2019, indi- provide a net tax cut. Instead, the bill

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.059 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12884 CONGRESSIONAL RECORD — SENATE December 10, 2009 raises taxes and it raises taxes on indi- We are trying also to keep premiums terror or panic or even shame. She may viduals and families earning less than affordable. Fortunately, the Congres- be in a doctor’s office or she may be at $250,000, contrary to Candidate sional Budget Office helped us make home—she may be in a number of Obama’s presentation during the cam- that argument. In their own way they places—but for her that moment begins paign that nobody below that figure weighed in on that question and talked with a crisis in which she feels over- would get a tax increase. about the fact that so many American whelmingly and perhaps unbearably Check the data. No one can dispute families will have their premiums re- alone, all alone. She could be wealthy, it. It is right here in these figures. Ev- duced if not kept level. middle income, or poor—but most like- erybody in the United States is rep- We are obviously trying to enhance ly, if that pregnancy is a crisis, she is resented by these figures here high- quality and prevention. All of these poor. Whatever her income, she feels lighted. They are the ones who are strategies that we know work, the re- very simply all alone. going to get a tax increase. That is the search is irrefutable, but we talk about A pregnant woman who is facing rest of the story. them as a way of a good example in- those horrific circumstances may be a I yield the floor. stead of talking about them as some- woman who has an abusive spouse or The PRESIDING OFFICER. The Sen- thing we ought to put in the law and boyfriend who is tormenting her. She is ator from Pennsylvania is recognized. make part of our system. Why should all alone in many instances. Mr. CASEY. Madam President, we we have all of those prevention strate- Another pregnant woman may be- are on the floor today, as we have been gies and then throw up our hands and lieve that she cannot support or care for many days and weeks now, dis- say that would be nice if insurance for her new baby at this point in her cussing health care. One thing I think companies did that in their policies in- life. She is all alone. is undeniably clear is that there is a stead of make it part of the law. And Another woman might believe that basic divide in the Senate on health we will, both in terms of prevention her financial situation is so precarious care. That is not news to most people. strategies as well as quality. that she cannot care for or raise a But I believe on this side of the aisle Finally, as a quick summary of what child. She may feel all alone and help- there is a great deal of consensus about we are trying to do, we are trying to less. If she decides to bear a child, she what health care reform should be control costs. I think this bill does needs our help. She needs our help to about. that. We still have a bill to do and walk with her along that difficult jour- We have been trying throughout this amendments to make. It also cuts the ney—not only through the 9 months of debate to make it very clear that we deficit by $130 billion over 10 years, and her pregnancy but also through the are not only concerned about the tens much more, several hundred billion, in early months and years of that child’s of millions of Americans who do not have any insurance at all—that is obvi- the years after that. life. One fundamental recognition, I I believe that is an obligation we ously a focus of our work and focus of guess, in this debate—at least on this have. I know some may not agree with the debate—but we are also concerned side of the aisle—is that our system that, but it is important that we are at the same time, as we must be, with has left people out. In some cases it has honest about where we stand. those who have insurance—with fami- left them out in a very tragic way We understand that many women lies with insurance, families who be- when they are denied coverage because face that reality. So what do we do lieve they have the security of insur- of a preexisting condition. Our health about it? Do we say: That is too bad ance but, unfortunately, under our sys- and that is kind of their problem and tem many of them don’t. care system has left out others in dif- Many families, in fact millions of ferent ways, and I rise today to speak let them find their own way or there is families, over the last couple of years about an amendment I filed, along with a little program down the street that have had a member of their family de- Senator KLOBUCHAR, my cosponsor on might help them or there might be a nied coverage because of a preexisting this amendment, that seeks to address little government program over here or condition. That should be illegal. In a group of Americans who have been there might be some charity that will this legislation we deal with that di- left out of our health care system and help them. They will do fine. Don’t rectly for the first time ever. forgotten at a very difficult time in worry about them. We also provide other protections. their lives. The name of the amend- This country has shown a capacity to When you say ‘‘consumer protections,’’ ment is the Pregnant and Parenting reach out and help people who are in that is a nice sounding phrase but in Teens and Women Amendment. It rec- crisis, to try to give people a sense that some ways it does not describe what we ognizes what I believe to be a funda- they are not all alone, that there are are trying to do. We are trying to pre- mental reality in America. I will de- lots of ways to help. Unfortunately, vent people from being denied coverage scribe two scenarios—one that so many neither political party has adequately because of preexisting conditions. We of us have had the opportunity to expe- met this challenge, in my judgment. are trying to make sure that other rience as parents but especially those We hear a lot of discussion about it. We families don’t have a tragedy such as in this Chamber and those who are lis- hear a lot of sentiment about it. But the family I have spoken on before on tening to this debate who are women we do not do nearly enough about it. this floor, the Ritter family in who become pregnant. Here is what the amendment will do. Manheim, PA. They had the tragedy of For many women that moment when First, it will provide assistance and finding out a number of years ago that they find out they are pregnant is a support for pregnant and parenting col- their two 4-year-old daughters, twins, moment of joy. It is the miracle of lege students. Second, it will provide had leukemia but also the insult and pregnancy. They feel that joy and they assistance and support for pregnant the outrage of our system saying to share it with their family and their and parenting teens. Third, it will im- them: Your daughters have leukemia, friends. It is a time of real happiness. prove services for pregnant women who we can treat them, we have a lot of ex- Many of these women in that first sce- are victims of domestic violence, sex- perts and knowledge and technology to nario do not need help beyond what ual violence, and stalking. And fourth, help them, but we are going to limit their families provide or what they it will increase public awareness of the their care. might receive by way of adequate sup- resources available to pregnant or par- That is an outrage. The first provi- port within our existing framework of enting teens and women. sion in this bill says we are not going programs and services—whether that is Let me give some examples of these to put caps on treatment for people government help or private sector or services. First, funding for colleges to who are very sick. nonprofit help. That is wonderful and provide pregnant and parenting re- We also recognize that, as President we hope that becomes more and more sources located on campus or within Obama said a number of months ago, if the case. the local community and improve such you get sick, you shouldn’t go bank- But there is a second scenario in resources, including: the inclusion of rupt. But that is happening more and America, a second category where a maternity coverage, which a lot of in- more in America. It is an outrage and woman finds out she is pregnant and surance companies do not provide now, we should not allow it to go on any that moment of discovery is not a mo- unfortunately and insultingly, in my longer. ment of joy. For her, it is a moment of judgment; make available riders for

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.060 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12885 coverage for additional family mem- costs of caring for the uninsured. In viders pay to the same doctors and hos- bers in student health care on a college short, when doctors and hospitals pro- pitals. campus; make sure that woman, if she vide treatment to the uninsured they President Obama understands that has chosen to bear a child, gets housing are forced to compensate for this ‘‘un- paying doctors below market rates and childcare and flexible or alter- compensated care’’ and do so by charg- leads to a cost shift. After all, in a native academic scheduling to allow ing more to private health insurers. townhall on health care reform, the her to remain in school; education to The cost of this care that is shifted to President said: improve her parenting skills; mater- the insurers is then passed on to health If they’re only collecting 80 cents on the nity and baby clothing, baby food, baby care consumers in the form of higher dollar, they’ve got to make it up somewhere, furniture—all of the things some of us health insurance premiums. Unfortu- and they end up getting it from people who take for granted in our families prior nately, this so-called hidden tax is have private insurance. to or upon the birth of a child. often overstated. The Medicare and Medicaid cost shift The other part of this is funding for Families USA conducted a study at- will be increased significantly under programs that help pregnant and par- tempting to quantify the cost shift as- the Democrats’ health care reform bill. enting teens stay in or complete high sociated with uncompensated care. Ac- According to CBO’s estimate, Medicaid school and prepare for college or voca- cording to this study, about $43 billion will be increased by more than 40 per- tional education, by providing re- in uncompensated care is shifted to pri- cent, from 35 million to 50 million peo- sources and assistance. vate health insurance which led Fami- ple by the end of the budget window in Next, assistance to States in pro- lies USA to conclude that there is a 2019. Additionally, the bill includes al- viding intervention services, accom- hidden tax of about $1,100 that families most $1⁄2 trillion in Medicare cuts paniment and supportive social serv- pay in increased premiums. A Kaiser which will result in lower payments to ices for pregnant victims of domestic Family Foundation study dissected the providers. violence and other kinds of violence as Families USA numbers and estimated The actuaries at Milliman Consulting well, to start. that the total amount of uncompen- studied the current cost shifting re- Finally, making people aware, pro- sated care shifted to private insurers sulting from Medicare and Medicaid viding public awareness and outreach was closer to $11 billion, making the underpaying providers and found that so that pregnant and parenting teens so-called hidden tax around $200 for a this cost shift for Medicare and Med- and women are aware of the services family, compared to the $1,100 that icaid totaled almost $89 billion per available to them. Families USA said. Let me give some year, adding $1,788 to the current fam- We cannot stand here on the floor ground to my friends on the other side ily health insurance policy. Increasing and say we care about these folks and and assume that the hidden tax does the current Medicare and Medicaid we want to help them if we are not equal that higher figure, $1,100, as com- cost shift, as a result of this 2,074-page willing to make good on that promise. pared to the Kaiser Family Foundation health reform bill before us, would add It is not enough to have good inten- figure of $200. even more cost to a family health in- tions. It is not enough to say there The Democrats’ bill does not get rid surance policy. might be a program out there. We of the hidden tax entirely. Actually, The easier cost shift to address would know for sure that at least these three this bill makes it worse. How? First, be the $1,700 cost shift from defensive categories—maybe others could add to the Democrats’ health care reform bill medicine. The Democrats do not ad- it, maybe others may not, but these still leaves a large number of Ameri- dress cost shift from defensive medi- three categories of pregnant women are cans uninsured. Specifically, the Reid cine which Dr. Mark McClellan, former in many cases all alone. Neither polit- bill leaves 23 million out of 54 million head of CMS, and Daniel Kessler esti- ical party nor our Government—and I still without health insurance at the mated adds $1,700 in additional cost per would argue other parts of our soci- end of this decade, remembering that average family. Addressing this reform ety—are doing enough. It is time as we this bill does not actually take effect alone could save more than covering debate health care that we say one part until 2014. So between 2014 and at the all of the uninsured. of our health care system is going to be end of the budget window, we still have So you see, the Democrats say their made much better. 23 million people without health insur- bill will eliminate the so-called hidden In addition to the substantial ance. At best, the reform in this 2,074- tax. My friends seem to come up short changes on protecting families from page Democratic bill cut the hidden on that one. Also, my friends add new the ravages of what insurance compa- tax in half; in this case, to about $500 hidden taxes that will burden middle- nies have done to some families, pro- for a family. class Americans. tecting them at long last, those with The Reid bill adds, however, new hid- I ask my friends to be transparent insurance, ensuring 30 million Ameri- den taxes. These impose $67 billion when they are talking about getting cans, cutting the deficit, having pre- worth of so-called fees on health insur- rid of the hidden tax. The Democratic vention strategies, controlling chronic ance companies and self-insured ar- health reform bill actually makes disease and making it something we rangements beginning in 2010. The Con- things worse. can manage better, and save money— gressional Budget Office, the Joint I yield the floor. all of that is important. But I do not Committee on Taxation, the non- The PRESIDING OFFICER (Mr. think in the debate here we should partisan experts and official congres- WHITEHOUSE). The Senator from Utah. leave out those who are asking for a sional scorekeepers have testified that Mr. BENNETT. Last night, I held a little bit of the help we are not giving these fees will be passed on to health telephone townhall meeting. As usual, them. care consumers. because we get over 10,000 people on the We should never ask a pregnant The Congressional Budget Office and telephone townhall talking to us, I woman to walk that journey all alone. the Joint Committee on Taxation have said: This is a meeting that is open to I think that is the least we can do in further testified that this will result in any subject you can talk about. this Chamber, in this debate. higher insurance premiums for all Overwhelmingly, they all wanted to I yield the floor. Americans. The actuaries at Oliver- talk about health care. I had one call The PRESIDING OFFICER. The Sen- Wyman estimate that the fees imposed where the fellow said he liked this ator from Iowa is recognized. on health insurers would add $488 to health care bill. He was a small busi- Mr. GRASSLEY. Madam President, the cost of the average family health nessman. He said: This will help me as my friends on the other side of the insurance policy. A new hidden tax is a small businessman, and why are you aisle have taken to the floor to make also created as a result of the Medicaid opposed to it? the argument in favor of the Reid bill expansion and Medicare cuts. The I said to him: I have been a small that it eliminates a so-called hidden major cost shift in health care derives businessman, and I would like to point tax. What is this so-called hidden tax? from the government programs, Medi- out to you that NFIB, the organization The other party argues that there is a care and Medicaid, which reimburse that helps small business, is opposed to hidden health tax that families pay in providers at rates roughly 20 percent to it. And I went through some of the rea- increased premium costs to cover the 40 percent lower than what private pro- sons. Then I told him of other small- or

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.061 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12886 CONGRESSIONAL RECORD — SENATE December 10, 2009 medium-size businessmen in Utah who done in ways that do not bankrupt the coun- As surgeons, we take pride in our work and have said to me: If this bill passes, we try, close hospitals and doctors offices. strive to provide the best patient care pos- are out of here. We could do our manu- Who is saying this? He says: sible. We will support reform efforts that facturing overseas. We could send our I will probably withdraw from AARP since truly preserve access to high qualify spe- cialty care without jeopardizing the physi- product to South America and have it they support the present health care pro- posals. Several of my doctor friends have cian-patient relationship. As such, I oppose made there. We have stayed in Utah the ‘‘Patient Protection and Affordable more out of patriotism than money. withdrawn from the AMA due to its support of these proposals. Healthcare Act’’ as it has the potential to se- But if this bill passes, the impact on us riously compromise the delivery of in small business will be sufficiently Then he signed his name, and his ini- healthcare in the United States by creating tials make it clear he, too, is a physi- great that we will leave Utah. We will additional pressures on an already overbur- cian, a member of AARP who clearly leave America. We will take all of dened healthcare system. wants to drop out of AARP, and a these jobs and go overseas. Well, I have a number more. I will member of AMA who supports those That was that one discussion with not go into all of them; I will just pick who drop out of the AMA. a few from the stack I brought with the one caller. Every other caller Let me quote from another physician talked about the health care bill and me. who wrote a lengthier letter, more ana- Here is one: said: Don’t pass it. Every other caller lytical. I will quote from parts of the I am a Surgeon who has been practicing for was opposed. There was only the one letter. He starts out: who made comments in favor of it, about 30 years. I am against the total over- As a practicing Utah physician, I see and comments on which I think I was able haul of the health care system. All entitle- treat patients every day. I try to accurately ment programs are not cost effective and all to dissuade him. diagnose what their troubles are and offer an are in danger of bankrupting the U.S. Every other one came up: Do you incremental plan for their recovery. I am want to talk about Afghanistan? thorough, methodical and exacting in my Here is one, who is a retiree, who No, we want to talk about health plan, purposely first doing no harm, as my says: care. We are opposed to this bill. Hippocratic oath reads, not making the situ- Please vote against these healthcare ‘‘re- Do you want to talk about some ation worse, not causing more pain or suf- forms’’ that will limit options, cost us all fering. The Senate bill before you will make more and reduce our freedoms. We need real other aspects of what is going on in America more ill, with increased pain and change: portability, tort reform, and less Washington? suffering. I plead with you to first do no government control. No, we want to talk about health harm. Please do not make the situation Back to the doctors. He says: care, and we are opposed to this bill. worse as with the current bill. It is beyond repair. Please recognize that the Senate plan Dear Mr. Bennett, Over and over, the only other subject I am a pediatrician in Utah and met you at will add to America’s ills. that came up that I can recall with any the hospital in Orem. Thank you for your op- regularity—there were several calls Then he goes on later in the letter to position to the current process happening in that talked about cap and trade and ex- make this comment: Washington. We do not need to rush through pressed their opposition to that. But, Patients ask me why the AMA appears to and push the American people into govern- overwhelmingly, the entire hour was support this bill. They sense that the AMA is ment run health care and more red tape. people who were saying: We are op- not looking out for patients and doctors. I Medicaid is already my biggest head ache in agree that the AMA is misdirected and ex- my practice. posed to this bill. plained that the AMA represents fewer than And so on and so forth, as I say. I want to share with the Members one in five U.S. doctors and has compromised some aspects of the reaction of Utahns I want to make this other point with its mission. respect to all of these people who are to the campaigns that have been I find that interesting. I didn’t real- mounted by various groups in favor of so concerned that we will have an im- ize that the AMA membership had mediate bad impact if this bill passes. this bill. Let’s go to the campaign that dropped so low. When I first became in- has been mounted by the AARP. AARP They do not realize—and I did my best terested in politics, the AMA rep- to point this out to those who were on is one of the strongest lobbying organi- resented virtually every doctor in the zations in the country. Indeed, there the telephone townhall meeting last country. Not anymore. night—that this bill will not fully take are those who say it is the most power- I tell my patients about the mul- ful lobbying organization. AARP, in an effect—indeed, most of the aspects of titude of other medical organizations this bill will not take effect—until Jan- effort to make sure this bill gets of which I am a member, state medical passed, has prepared preprinted peti- uary of 2014. That is correct, January organizations, speciality groups, and of 2014—4 years away. tions and sent them out to their mem- the Coalition to Protect Patients bers. Here is a copy of one. It is ad- Here we are meeting on weekends, Rights, representing thousands of doc- coming in here on Sunday, driving to dressed directly to me and was sent to tors who actively oppose the Senate people in the State of Utah: ‘‘Petition get this done by Christmas because it bill in its entirety and are fighting for is so pressing that we have to do it, to Senator Robert F. Bennett. Dear patients and the right fixes for afford- Senator Robert F. Bennett, As one of and, by the way, we are not going to able, quality care. start, really, any of these reforms for 4 your constituents . . . ’’ so on and so Well, as I found out in my telephone years. So these people who are writing forth. town meeting, which covered the entire me, these doctors who are complaining Then all the AARP member has to do State—and with no filtering on the about AMA’s endorsement, these peo- is sign it and send it to me. This one part of my staff as to who could get in ple who are complaining about AARP was sent to me. But as we can see, he and who could not—this is, indeed, not representing them, are worried didn’t just sign it, instead he wrote on very clearly the majority opinion for it. This is what it says in handwriting: about an immediate impact. members of the State, seniors who pre- Let me tell you what the immediate Absolutely not! Please vote against cur- sumably belong to AARP, and physi- impact of this bill will be. The imme- rent legislation being proposed by the cur- cians who either used to belong to the rent administration and endorsed by the diate impact of the bill will be finan- AMA or understand the AMA. cial. The taxes will take place imme- AARP. Here is an e-mail from a doctor. I diately upon passage. The increase in The ‘‘not’’ is underlined. He signed cannot pronounce the specialty he is premiums will begin to start on pas- his name. I have taken it off this fac- in. He says: sage, as the pressure on the insurance simile to protect the man’s privacy, As a constituent and practicing— but he made it clear that he was not in companies, the pressure on manufac- And then he goes on to say whatever turers, the pressure on pharmaceutical favor of what the AARP was saying and kind of ‘‘ologist’’ he is— doing in this situation. We have others companies will all begin with the pas- I strongly urge you to oppose the passage who have said the same kind of thing. sage of this bill. But all of the wonder- of the current Senate healthcare reform leg- ful things we are being promised as Here is a letter I will quote from: islation. . . . Although our nation would ben- Senator Bennett, please do not vote to pass efit from targeted healthcare reform, the benefits from this bill will be delayed the health care bill that contains a public proposed legislation is not the answer and for 4 years. Why? There is only one rea- option. The present medical is broken and will harm, not help, healthcare delivery in son why: in order to use smoke and surely needs fixing. However, it should be our nation. . . . mirrors in the budgetary process to

VerDate Nov 24 2008 03:55 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.062 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12887 make it look as if this is cheaper than them. The outcry was so overwhelming who belong to AARP who are saying it really is. If you get the money com- that the Congress, within a matter of 6 they are going to drop out because of ing in for 10 years but the expenses months of the passage of the bill, re- AARP’s endorsement are right. I think only going out for 6 years in your cal- pealed the bill. I remember the pic- those physicians who say they are ei- culation, it looks as if it is a whole lot tures that appeared in national maga- ther not members of the AMA or they cheaper than it really is. zines of Congressmen Rostenkowski, are going to drop out from the AMA be- The only honest way to score this is who was at the time the chairman of cause of the AMA’s position are right. to say the expenses start the same day the Ways and Means Committee, being And I think if we cram this thing the taxes start, the expenses going out accosted physically when he went through in a sense of urgency, even start the same day the revenue coming home to Chicago by seniors who would though it is 4 years from implementa- in starts. Then you get an accurate de- stand in front of his car and not allow tion, we will see an outcry in the inter- scription of how much this costs. him to move, who would sit on the vening 4 years from the American peo- I cannot imagine any businessman hood of his car to block his way in ple that will cause Members of the Sen- going before his board of directors and every conceivable way. The outcry was ate to wish they had taken more time saying: I have a new program I want to enormous when they saw this increased to examine it all, to do it right, and institute in this company, and it is cost for something where they did not not to panic over pressure from various going to cost X, and here is how I have see a corresponding benefit, and Con- special interest groups that see ways in calculated it is going to cost X. I am gress responded to that outcry and re- which they can profit from this. calculating the revenue from the sales pealed that bill. The American people, the American of the product over a 10-year period, In this case, there will be a 4-year pe- physicians, the American patients all but the actual sales will only occur in riod for the outcry to build before they see ways in which they will be hurt, the last 6 years. start to see the benefits, if, indeed, the and I speak for them, as they say: Slow His board of directors would take one bill does confer benefits. There will be this down. Do this thing right. Do not look at him and say: There is no way a 4-year period with that many open panic under pressure of an artificial we can make a strategic plan based on seasons for people to look at their pro- time deadline. I yield the floor. that kind of smoke and mirrors. What grams and see their premiums go up The PRESIDING OFFICER. The Sen- in the world is wrong with you to do and see their plans change and see the ator from Delaware. accounting of that kind? adjustments made in preparation for IN PRAISE OF WENDY TADA He will say: That is the kind of ac- this, adjustments they will not want; 4 Mr. KAUFMAN. Mr. President, I rise counting I learned from the U.S. Sen- years in which they will see the state- to speak today about my great Federal ate—start counting the revenues im- ment of the President of the United employee of the week who works at the mediately, but don’t count the ex- States, that ‘‘if you like your plan, you Department of Education. penses until 4 years later. don’t have to lose it,’’ prove not to be Well, let’s look at the impact of that Whenever I enter this hallowed the case. Chamber, I never fail to notice the in- 4-year gap and tie it to the messages I In that 4-year period, it is entirely spirational words written on each wall am receiving from my constituents, possible that the outcry from constitu- above the doors. Above the east door is and I think we will see something very ents, like the ones who are com- inscribed the Latin phrase ‘‘Annuit interesting happen. Between now and plaining now, will have tremendously Coeptis,’’ or ‘‘Fortune favored Us in the time the benefits of this bill begin more impact and more force. I hope Our Beginnings.’’ This refers to our to take hold, there will be three or four that is, indeed, the case, if we pass this Founders’ belief that Providence open seasons of people who will look at bill. I hope that in that 4-year period, looked kindly upon our Republic dur- their health care plan and be allowed before we start to see the wonderful ing its earliest days. to make changes in it. They will see things we are being promised from the In that time, ours was mostly an the costs go up, and they will say: Wait other side of the aisle come to pass— agrarian society. Town life centered on a minute, what is happening here? The the increased premiums, the increased planting seeds and harvesting crops. costs are going up, but there are no taxes, and the increased costs will be Children worked alongside their par- changes coming from this bill the Sen- with us—the people of this country will ents in the field, and when it came to ate passed back in 2009—or 2010, if we rise up and say: We want this bill re- their education, homeschooling or push it until next year. What is hap- pealed. They have 4 years in which to learning to read and add in a one-room pening? do it, 4 years in which to think about schoolhouse was the norm. Well, your costs are going up in an- it, 4 years in which to experience it. Thomas Jefferson wrote, some years ticipation of the costs of this bill that Why are we rushing to get this done after his Presidency, that ‘‘Science is will take hold in January of 2014. before Christmas when we have 4 years more important in a republic than in At that point, the anger we are see- before the thing finally kicks in? Let’s any other government.’’ It was this be- ing from constituents now will get take the time to do it right. Let’s take lief in the importance of knowledge worse. The anger we are seeing in the the time to listen to our constituents. and reason—including political and his- e-mails and letters I am receiving now Let’s take the time to listen to the torical literacy—that led education will get more intense, and people will American people who are examining pioneers such as Horace Mann to pro- start to say: You mean I am being this bill and, by ever-increasing mar- mote universal schooling in the early forced to pay extra premiums in 2010 gins, telling us again and again that part of the 19th century. because the government needs to accu- they do not like it. Shortly before the Civil War, access mulate cash against the time when We have heard from many people the to compulsory and free public edu- these great changes hit us in 2014? reactions of the polls. The Quinnipiac cation spread across the country as When they start writing me that kind Poll made the comment: It is a good States passed laws inspired by this of complaint, I will say: That is exactly thing the Senate is not letting the principle. The Morrill Land-Grant Col- what I mean. The government is going American people vote on this bill be- leges Act provided for the construction to start taxing you in 2010, but they are cause the American people are against of some of our Nation’s greatest col- not going to do this program until it. We have seen the Gallup Poll show leges and universities in the late 1800s. 2014—at which point, the outcry from a tremendous swing, as their people are In the early years of the 20th century, constituents will be: Well, let’s stop against it. The more they know about States increased access by expanding the taxes and let’s kill the effective it, the less they like it. Yet we are try- free, compulsory education to include date of 2014. ing to rush it through in the holiday high school. The last 60 years saw dra- I am not sure I can predict that with season to get it done before Christmas matic advances in this area, with the certainty, but I can go back in history even though it is 4 years away before legal desegregation of schools and the and remember the catastrophic bill all of the wonderful things that are passage of critical legislation such as that was passed with respect to Medi- being promised will surface. the Elementary and Secondary Edu- care, and the senior citizens suddenly Mr. President, I think my constitu- cation Act and the Individuals with discovered how much it was costing ents have it right. I think those people Disabilities Education Act.

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.064 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12888 CONGRESSIONAL RECORD — SENATE December 10, 2009 I am proud to have been serving in spent in developing and putting into that make up this package—by how the Senate earlier this year when we practice education programs funded by much? By 12 percent total. passed the American Recovery and Re- the Recovery Act. For perspective, according to the Bu- investment Act. That legislation sent One of the central programs under reau of Labor Statistics, the consumer much needed funding to fix schools, the Recovery Act is the new Race to price index, the CPI, the measurement make student loans more readily avail- the Top Fund. This initiative rep- of inflation over the past 12 months, able, and to keep teachers in the class- resents the largest Federal competitive was .2 percent. So the cost of living is room. The Recovery Act so far saved investment in elementary and sec- going up by .2 percent. Yet we are giv- over 230 teaching jobs in my home ondary education in our history. It will ing these government agencies 12 per- State of Delaware alone. offer over $4 billion—that is billion—in cent more money for next year. Let me In 1980, the U.S. Department of Edu- grants to States to develop comprehen- give some examples. cation was created, and its employees sive education reform plans. This will The Transportation-HUD bill re- have been working tirelessly to make help all States, including Delaware, ceives a 23-percent increase over last sure students from all 50 States, in- save even more teaching jobs and add year. Has anybody had their income go cluding Delaware and Rhode Island, re- new resources for schools. up by 23 percent over last year? Well, if ceive the same strong support. They Wendy’s work and that of her col- you are in the Federal Government, oversee the Federal loan programs that leagues throughout the Department of you can make it happen. That is not enable tens of millions of Americans to Education continue to benefit Amer- responsible. afford college and postcollege studies. ican students nationwide. They ensure How about the State-Foreign Oper- They help develop policies to ensure that all our children are favored in ations bill, a 33-percent increase, a that Americans with physical and in- their beginnings so they may pursue third over last year—a 33-percent in- tellectual disabilities have education the opportunities they deserve. Edu- crease. Included in that is a 24-percent programs in their communities and can cation is, without a doubt, the most increase for the State Department’s pursue a full range of opportunities. important investment our Nation can salaries and operations account. That Wendy Tada, who has worked at the make, for its dividends are our future is not responsible. Department of Education for 9 years, is prosperity and global leadership. The Commerce, Justice, and Science one of those outstanding employees. I hope my colleagues will join me in bill receives a 12-percent increase over When she arrived at the Department in honoring Wendy Tada and all the hard- last year. At least that is the average 2000, Wendy already had a great deal of working employees of the Department of the six bills in total. experience working to expand opportu- of Education for their service to this How about earmarks? Well, they are nities for rural special needs students country. Our future is in their hands. in here, big time. According to Tax- in Hawaii and Alaska. I yield the floor. payers for Common Sense, this bill is Wendy, who is a lifelong learner her- The PRESIDING OFFICER. The dis- larded up with 5,224 earmarks—5,224 self, holds a bachelor’s degree in psy- tinguished Senator from Arizona. earmarks—that total $3.8 billion. That chology from Seattle University, a Mr. KYL. Mr. President, I wish to say is not responsible. master’s in physical therapy from a few words about the legislation which Some examples include $600,000 for a Stanford, and a master’s in public is pending before us, which is the Om- streetscape beautification in California health from San Diego State. She also nibus appropriations bill. It is a bill and $300,000 for Carnegie Hall music earned a doctorate in developmental that will substantially add to our na- and education programs in New York psychology from the University of Cali- tional debt and substantially increase City. In the current economic environ- fornia in San Diego. spending and I think it is worthwhile ment, that doesn’t seem to be the most Wendy’s experience includes working to point out some of the features of responsible use of Federal taxpayer at the State and local levels. She pro- this bill, since presumably we will be dollars. vided physical therapy to disabled stu- voting on it sometime this weekend. If the irresponsible levels of spending dents in Washington State, developed I would start by pointing out that were not bad enough, the bill makes a an education curriculum for special our national deficit for the past fiscal number of significant policy changes as needs children in Hawaii and its re- year now stands at $1.4 trillion. So the well. Ordinarily, we are not supposed mote Pacific Islands, and evaluated fiscal year which just concluded added to have policy changes in an appropria- health and education services in Native $1.4 trillion to the national debt. That tions bill, but when you lump them all Alaskan villages. is the largest deficit we have ever had, together in a take-it-or-leave-it form, Wendy has taught college and grad- by far. It is about three times as much such as this omnibus, well, if you are uate courses in education and public as the largest deficit under the Bush the majority, you think you can get health at the University of Washington administration. Our current unemploy- away with it. Here are 134 examples. and the University of Hawaii. ment level is at 10 percent, despite the With respect to the fairness doctrine, Her first job with the Department of administration’s insistence earlier this this omnibus does not include the fis- Education was as a research analyst in year that Congress pass a $1 trillion- cal year 2008 ban on Federal funds the Office of Special Education Pro- plus stimulus package that was sup- being used to enforce or implement the grams. Wendy’s talents and experience posed to reduce unemployment. The so-called fairness doctrine—so nothing led to a promotion within a year, when Senate is currently in the middle of a to implement or enforce the so-called she became Chief of Staff to the Assist- debate on a health care bill that has a fairness doctrine. ant Secretary overseeing that office. 10-year implementation cost of $2.5 The bill makes some changes to sev- She continued as his top adviser when trillion. Sometime in the next month eral longstanding policy provisions he was appointed to serve as Assistant we will be forced to raise the Nation’s contained in the financial services bill Secretary for the Office of Vocational debt ceiling for the second time this and specifically the District of Colum- and Adult Education. In 2006, Wendy year to a level that exceeds the current bia section dealing with abortion, med- became the Chief of Staff to the Dep- ceiling of $12.1 trillion. ical marijuana, needle exchange, do- uty Secretary of Education. If all that were not enough, we are mestic partners, and the DC Oppor- This January, after a brief stint as an now presented with this Omnibus ap- tunity Scholarship Program. That pro- education analyst for the Office of propriations bill that costs nearly $500 gram has been enormously popular and Management and Budget, she was billion more; to be exact, $446.8 billion. enormously successful. Yet this bill asked by the Deputy Secretary of Edu- This is simply irresponsible. When is it provides only enough money—$13.2 mil- cation to serve as senior adviser for going to end? We are piling spending lion—to allow the currently enrolled policy and programs. bill on spending bill and debt on debt. students in this popular program, the During her years in the Department, At a time when many Americans are DC Opportunity Scholarship Program, Wendy has been instrumental in devel- being forced to get by on less, the ma- ultimately leading to the termination oping important regulations and guid- jority has crafted a bill that uses the of the program. I have met with some ance documents relating to IDEA and government’s credit card to increase of these students and their parents. title I of the ESEA. Today, her time is spending on the six appropriations bills They are doing very well because of the

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.065 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12889 environment in which they are finally on December 8. I was rather startled with departments of this government able to study and learn and be safe. because she said she was getting rid of receiving 26, 30, and 33 percent in- This program is so popular that people the jobs deficit and dealing with the creases in their budget, when the CPI have lined up in long queues to take budget deficit, two big problems we in- has only gone up .2 percent this year, advantage of it. Yet we are going to herited and absolutely have to deal and when Americans are scrimping and terminate the program as a result of with. saving and trying to get by with less. It language in this bill. Well, it is true, on January 20 of this makes no sense at all. Well, it is a cross between irrespon- year when President Obama took of- I hope my colleagues, as we consider sible policy and spending. fice, we had a deficit and we also had a this omnibus appropriations bill before The bill reduces funding for the Of- problem with unemployment. The us right now, will take these things fice of Labor Management standards at problem is in inferring they are doing into consideration before we vote to the Department of Labor by 10 percent. something about it, whereas the Bush pile yet more debt on the backs of our This is the office that investigates administration created the problem, I taxpaying constituents. union activity and the use of member- think they create a misimpression. So The PRESIDING OFFICER. The Sen- ship dues. Since fiscal year 1998, it has I asked my staff to get just two num- ator from Iowa is recognized. secured 1,400 convictions, resulting in bers. What was the national debt the Mr. HARKIN. Mr. President, I want the return of $106 million in embezzled last day of President Bush’s second to speak for a few minutes on the funds to union workers. So where are term and what is it today—or actually Labor, Health and Human Services, our priorities? The only place where we December 7 is the date we got the num- Education, and Related Agencies ap- see cuts in this bill are in areas where, ber for, the 322nd day of President propriations bill. The Senator from in this case, the Department of Labor Obama’s term. In other words, Dr. Michigan was kind enough to let me do has been enforcing labor law and get- Christina Romer was saying these are this now, even though she had been on ting convictions for embezzlement of big problems we inherited and we have the floor. workers’ funds. This is not an area to deal with them. So how have they I ask unanimous consent that at the where we want to cut, unless, of course, dealt with them? Well, it turns out the end of my comments, the Senator from you are trying to do the bidding of the national debt the last day of President Michigan be recognized. labor unions who don’t like to be called Bush’s second term was $10.6 trillion. The PRESIDING OFFICER. Without to account for embezzlement of trust What is it today, 322 days later? It is objection, it is so ordered. fund moneys of their members. $12 trillion. That is some way to fix Mr. HARKIN. Mr. President, as chair- Well, what is missing from this bill? that problem. man of the subcommittee on Labor, Despite spending nearly $500 billion If they are going to complain about Health and Human Services, Education and covering 6 of the 10 appropriations the national debt, then get it reduced and Related Agencies, I want to take a bills, this bill is significant for what it instead of increased in less than a few minutes to go over the bill we have does not include: The fiscal year 2010 year—it has gone from $10.6 trillion to before us, the so-called ‘‘minibus.’’ Defense appropriations bill, arguably $12 trillion; that is $4.5 billion in new I wish in the beginning the Senate the most important bill yet to be acted debt every single day. These are not could have debated and voted on the upon. Just shortly after President my numbers, these are the official sta- Labor-HHS bill individually, rather Obama announced his surge strategy tistics of the Bureau of the Public than having it as part of the so-called for Afghanistan, the majority has de- Debt. minibus. Unfortunately, it is now De- cided to play politics on the backs of The other statistic was unemploy- cember. We still have to complete the our troops. The majority is holding the ment. ‘‘We inherited unemployment.’’ health care bill and, frankly, we have Defense bill back from this package so That is true. I don’t know the average, run out of time. it can be used as a vehicle for other but I think it is somewhere around 4 or However, I want to assure my col- purposes; for example, to increase our 5 percent in our country. On the last leagues that the Labor-HHS appropria- Nation’s debt ceiling and potentially day President Bush was in office, un- tions bill is a bipartisan bill. We push through a number of other bills employment stood at 7.6 percent. I worked closely with Senator COCHRAN that likely don’t have the votes to pass thought, given the stimulus package, and his staff to reflect Democratic and on their own. That is wrong. While our surely we have reduced unemployment. Republican priorities alike. That is the commanders in the field and civilians What is the unemployment number tradition in our subcommittee—one we at the Pentagon wait, our other less- today? It is 10 percent—after nearly a take very seriously. urgent appropriations priorities will year of President Obama’s failed $1 In fact, the full Appropriations Com- receive double-digit spending increases. trillion stimulus experience. mittee approved our bill by a vote of 29 That is not responsible and it is not When Dr. Romer said ‘‘we inherited to 1. You cannot do much better than right. this problem,’’ my immediate reaction that to accommodate the concerns of Given what I know about this bill— is that the President has been in office both parties. and I haven’t had a chance to read it for a year. What has he done about it? I also want to assure Senators that all yet—I would echo my friend in the Answer: It has gotten worse. We have this is a fiscally responsible bill. Over- House, Republican leader JOHN added well over $1 trillion to the na- all, our bill increases discretionary BOEHNER, who requested the President tional debt, and unemployment is now spending by just 2 percent over the fis- uphold his campaign promise to go up to 10 percent from 7.6 percent under cal year 2009 Labor-HHS appropriations through the budget, line by line, and President Bush. bill. eliminate irresponsible and wasteful Some fixing of the problem. I suggest With money so tight, we had to be se- spending. that President Obama and his White lective about which programs received I can assure my colleagues, we will House officials and staff stop trying to increases. One high priority is worker go through this and we will identify blame President Bush for everything. If protections. Agencies that enforce those earmarks and we will bring them the President has been in office long rules protecting the health, safety, and to the attention of our colleagues, and enough to get the Nobel Peace Prize, rights of workers have been seriously we will, undoubtedly, because of these presumably he has been in office long shortchanged in recent years. This bill spending increases and earmarks and enough to do something about the pub- adds $121 million over last year’s level bad policy, attempt to defeat this leg- lic debt or unemployment. and brings staffing levels at the Occu- islation. He has done something about it all pational Safety and Health Adminis- Finally, I wish to make reference to right: Unemployment is up from 7.6 tration, the Employee Benefits Admin- some comments I saw delivered by Dr. percent to 10 percent, and the national istration, and the Employment Stand- Christina Romer, Chair of the White debt is up from $10.6 trillion to $12 tril- ards Administration back to where House Council of Economic Advisers, lion. they were in 2001. This means the agen- as I was drinking my coffee and watch- In view of these facts, it doesn’t cies will have the resources they need ing TV a couple days ago. This was on make sense to me to pass a nearly $500 to prevent wage theft and ensure safe CNN’s ‘‘American Morning’’ program billion omnibus appropriations bill, workplaces for our Nation’s workers.

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.066 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12890 CONGRESSIONAL RECORD — SENATE December 10, 2009 The bill also includes a 50-percent in- Ms. STABENOW. Mr. President, be- you. That is OK. Let the insurance crease—a total $1.1 billion—to reduce fore my good friend from Iowa leaves companies continue to be the ones be- improper payments, fraud, and abuse the floor, I thank him for his wonderful tween you and your doctor. That is from mandatory benefit programs, leadership on the health care reform what we have seen over and over. We such as unemployment insurance, bill, on the appropriations that he saw it in committee. Every time we Medicare, and Social Security. These chaired—formerly on Agriculture. It were trying to lower costs for families antifraud, anti-abuse measures could has been a pleasure to partner with and small businesses, they were on the result in over $48 billion in savings and him on so many things. side of helping the insurance compa- increased revenues over the next 10 Mr. President, I ask unanimous con- nies. They were willing to take tax years. sent that I be allowed to speak as in cuts we put in the bill, and they offered Another priority we had was getting morning business for up to 20 minutes. amendment after amendment that people back to work. This bill provides The PRESIDING OFFICER. Without would have had higher costs for mid- an increase of $72 million, or 43 per- objection, it is so ordered. dle-class families and small businesses, cent, for nurse training programs, in- Ms. STABENOW. Mr. President, I in order to help the insurance industry. cluding a new program to train nursing want to talk about health care. I have I will share a few stories from people home aides and home health aides. to say that if 20 percent of what was who have become part of our health This bill also provides a major in- being said by our Republicans friends care people’s lobby through my Web crease—$260 million—for the national was true about this bill, I could not site, who have been willing to share service programs. This will boost the vote for it either. stories. number of AmeriCorps members sig- I keep hearing things described that David is from Sutton’s Bay, which is nificantly and create a new social inno- have no relationship to the reality of a beautiful part of Michigan. We would vation fund that will help small non- the bill that I helped to write in the Fi- love to have you come visit. It is a gor- profits tackle a host of social pro- nance Committee, or my friends helped geous part right on the water. David grams. to write in the HELP Committee or the says: In the area of education, increases bill that is on the floor now. I see all I’m a 61-year-old cancer survivor with dia- are targeted to programs that are de- kinds of comments that, frankly, con- betes and high blood pressure. I am self-em- signed to reform schools, such as per- cern me because I don’t see them re- ployed, and lately, uninsured. I worked all formance-based pay for teachers and flected in the reality of the legislation my life to build a stake here in farm country principals, charter schools, and a com- in front of us. and almost lost it last fall to foreclosure be- prehensive new literacy program. I encourage people to take the oppor- cause of a medical emergency. This farm is Providing increases, such as the ones tunity to read the bill or the sum- all I have . . . the savings and cash are gone. maries. For the people in Michigan, we I continue to work with no retirement in I have described, meant making some sight. I have put everything I had for retire- tough choices. Our bill eliminated 11 have had it up on our Web site, and we ment into my farm. Please, help me keep it. have had every bill, as it is introduced duplicative and ineffective programs, I know that David is not saying wait, and passed, on the Web site, so people and we cut several others. Not every- wait, wait. He wants us to act, and to will have an opportunity to look at the body will be happy with all of those de- act now, on something that will be information available. cisions. I may not be happy with all of meaningful and makes sense to bring I do know this: What we have been them, but we did the best we could, down costs, to give him a chance to hearing from our colleagues is not good struck compromises, and I stand by the find affordable insurance that doesn’t enough, when we think about the fact outcome. bankrupt him and his family. I also support the other five bills in that we had a Congress and a White I want to share also another story this minibus, if I might say that. I House for 6 out of the last 8 years that from Jeff from Rockford, MI: worked closely with our colleagues on was controlled the by Republican the Appropriations Committee. I want Party and yet nothing was done. Pro- It has been over five years since death stared me down. I was diagnosed with testic- to particularly thank Senator MURRAY posals have come forward now about ular cancer. Losing my job to a layoff, mort- regarding her work to allow fiscal year all these things that should be done. gage to pay, among other things—and my op- 2009 Community Development Block But they weren’t done when they were tions were minuscule. I had no insurance Grant funds to be used as a match for in charge. What we saw was a lot of tax then because there was none that I could af- other Federal programs. The reason cuts for the wealthy people and a lot of ford. this is important is because many no-bid contracts for friends of people in I thank God and the staff at Grand Rapids States and local governments were the administration. We saw a lot of Spectrum Health for my life today. Unfortu- hard hit by both disasters—such as the things that didn’t affect people in my nately, I am still $25,000 in debt because of lack of coverage. floods in Iowa—and the poor economy. State very positively and didn’t help I served in the Marines from 1984–1988. One They would have great difficulty pro- the working people in my great State of their mottos is, ‘‘We take care of our viding Federal match requirements of Michigan. own.’’ Imagine what this country would be without this modification. I thank Sen- But now, as we are trying to move like if we all thought like that. ator MURRAY for putting that in her forward and do something for people, Jeff is right. We are in this together bill. for small businesses and large busi- and, just as we have dramatically in- I also thank Senator DURBIN for the nesses, and bring down costs and pro- creased our support for our veterans inclusion of a provision regarding auto vide health care for people, there are and their health care, we need to make dealers. In my State, there are a num- all kinds of suggestions about why we sure we are taking care of our own ber of decisions that were made by should wait and do it over. What I American families and American busi- General Motors to close down certain heard in committee and what I am nesses. dealerships that met the criteria set hearing now on the floor, as a pro- Wait, wait, wait? I don’t think so. I down by General Motors for staying in posal—because we don’t have a Repub- don’t think that is what Jeff is asking business. I hope this provision that lican bill in front of us or one that has us to do. Senator DURBIN put in will allow for been offered—is this: Wait, wait, wait. Jennifer from Hollow, MI: needed fairness for a number of these We don’t need to do this. That doesn’t I am married and have one beautiful little family businesses. have to be done right now. There is no girl. But about 6 months ago, my husband’s Again, I believe the package of bills sense of urgency. We should wait, wait, work informed us they would no longer be we have before us is fiscally respon- wait. able to carry health insurance for their sible. They move our country in the That is what we hear. We hear that workers. right direction, and I hope the Senate business as usual for the insurance A very common story, having to will approve them as soon as possible companies is OK. Let them decide what choose between keeping people em- so we can send them to the President. is covered—if you can find insurance— ployed and paying for health care. With that, I yield the floor. and how much it should cost, whether We could have gone on COBRA but it The PRESIDING OFFICER. The Sen- or not they are going to be able to pro- would have cost double what we were paying ator from Michigan is recognized. vide a test for you or an operation for and we couldn’t meet that cost.

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.068 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12891 Mr. President, as you know, we have insurance cannot wait. Large busi- about is about saving jobs. We know in worked to lower the cost of COBRA, nesses that are finding themselves in addition, we truly are saving jobs. We and we hope to be able to continue that difficult situations, considering pulling are saving jobs for our large employers lower cost in legislation that will be up shop and going to another country right now that provide insurance, have coming up shortly. But it is still very because of lower health care costs can- been doing the right thing for years expensive. not wait. but have seen their costs go up 10 per- We are lucky because Michigan has a pro- People expect us to solve this prob- cent, 20 percent, 30 percent every year gram for children, so we didn’t have to worry lem. They expect us to come together and cannot sustain it anymore. They about our daughter’s coverage. When we and work together, without all the are cutting health care benefits, rais- went to look for insurance for my husband stalling and the objections and the par- ing premiums, or laying people off be- and me, the prices were steep or we were de- tisan politics. They expect us to come cause they cannot afford it. nied because of my preexisting condition. together and solve what is a huge We know our small employers under That is one of the things we are American problem by bringing down our package will save 25 percent. I be- going to change. costs and creating access to affordable lieve we are going to be doing even Right now going to the doctor is next to health care where people know that the more for small businesses. impossible, but to see a specialist is like ask- insurance company will not be the one We have tax credits to help compa- ing for the Moon. We know that we are high- that is standing between them and ly blessed. My husband has a job. That is nies, and, as I indicated before, our their doctor. plan is going to save 3.5 million jobs more than a lot of people have. We just want This is about saving lives, saving affordable health insurance, and we don’t that would otherwise be lost because of money, saving Medicare. Mr. President, mind paying for it. It just doesn’t seem like the increased health care costs that 45,000 people will lose their lives in the too much to ask, does it? cause employees to be let go or compa- coming year. And 45,000 families will No, Jennifer, it is not too much to nies to move overseas. ask, and that is what we are all about. have one less chair or an empty chair at the holiday dinners that are coming We are talking about saving lives, We are all about putting together a saving money, saving Medicare. We are plan—and that is what is in front of up because 45,000 people could not find affordable insurance in this country— talking about saving jobs. us—that will lower costs, that will save What we are not talking about is lives, save Medicare, that will focus on Americans, in America. Saving money—this is about making waiting. We are not talking about stall making sure each American has a sure small businesses get the tax cuts tactics or politics. We are way beyond health care bill of rights, has protec- they need to help them buy insurance, that. I understand there is a big strat- tions they know will allow them to to make sure that families who are egy to make sure the President of the make sure their health insurance will buying through the new insurance pool United States is not successful. There be available if they pay for it; that get the tax cuts they need to afford to is a big strategy to make sure we are they cannot get dropped because of a buy insurance. not successful in the Senate. We have technicality; that if they have a pre- This is about making sure large busi- seen more filibusters and more objec- existing condition, they can still find nesses begin to see costs come down tions than ever before. The vast major- affordable insurance; that there will no over time because when they are pro- ity of the days we have been in ses- longer be lifetime caps on insurance viding insurance already, they are not sion—I believe it is 39 weeks now—all policies; that we will allow our young going to pay the extra costs of folks but 4 of those we have seen filibusters. people to stay on mom’s or dad’s insur- walking into an emergency room unin- It has never been done before—filibus- ance until age 26. sured who are treated and then the ters and objections over and over We have a number of changes we are costs get rolled over on to everybody again. making for people in the insurance ex- with insurance. We are committed to getting beyond change, for policies that take effect We as a country are going to save that and focusing on the reality of after the effective date of this act, and dollars, save money over time for tax- what is happening in people’s lives. it is about making sure people have af- payers and strengthen Medicare to People are waiting for us to step up fordable insurance and they are getting bring down costs. and to solve this problem and to give what they are paying for. That is what And, yes, we are going to save Medi- them the ability to have access to af- this is about. care. We are going to lengthen the What happens if we do nothing—if we fordable health insurance for them- Medicare trust fund solvency. We are selves and their families. do nothing; if we wait, wait, wait, like going to make sure overpayments to We are not proposing something rad- the Republicans are saying? Every sin- for-profit insurance companies are ical. We are proposing that we fill in gle day 14,000 Americans lose their reined in so that the majority of sen- the gaps for the folks who do not have health insurance; 14,000 people got up iors do not see their premiums go up insurance today, most of whom are in a today with health insurance and they under Medicare to pay for those excess small business, most of whom are will go to bed without it. That happens profits. every single day. We are going to make sure we are working maybe one, two, three part- Insurance rates are going to double closing that gap in coverage for pre- time jobs but they are working and in the next few years, by 2016. Business scription drugs that has now been they don’t have access to health insur- costs are going to double. Increased called the doughnut hole, where too ance, or they are self-employed, as the premiums are going to cost us, it is ex- many seniors or people with disabil- gentleman I talked about, David, in pected, 3.5 million more jobs. I don’t ities fall into that hole, cannot afford Suttons Bay, maybe a farmer, maybe a know about any of my colleagues, but their medicine, and are not able to get realtor, maybe the next Bill Gates in we cannot afford to lose any more jobs the care they need. their garage coming up with the next in Michigan. Health care is directly re- We are going to make sure preventive great invention. They don’t have ac- lated to jobs and our international care does not have an extra cost of a cess to the same big insurance pool competitiveness. copay or deduction because we know it that a big business has to bring down We know incomes of families will be saves money and saves lives. Under costs. reduced. We know every 5,000 homes Medicare, we are going to make sure What we are talking about for those will be foreclosed as a result of a that is there as well. folks who are working or have recently health crisis, and 62 percent of the That is what this is about. It is not been laid off and cannot find insurance bankruptcies are as a result of a health about waiting. It is not about all the is giving them a way, a competitive care crisis. other stuff we have heard that are way to buy insurance from an insur- Wait, like our Republican colleagues scare tactics. This is about tackling ance pool. say? No, we cannot wait. The families, and solving a problem for the American I cannot imagine a more important the people I talked about and read people that we cannot afford to wait to Christmas present to give to American their stories, they cannot wait. Fami- do any longer. families than the ability to know going lies cannot wait. Businesses cannot Coming from Michigan, I have to say forward that when they lose their job, wait. Small businesses that cannot find everything I do, everything I care they are not going to lose their health

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.070 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12892 CONGRESSIONAL RECORD — SENATE December 10, 2009 insurance; that they have an oppor- But what we are seeing is a lack of tions. I would ask my friend if he was tunity, a way to get affordable insur- desire to work together and more than as surprised as I was that there was not ance, and that we have come together just a lack of desire, as the Senator in- only no stopping after the election but as a Senate to focus on saving lives, dicated, but simply to attempt to em- that the same folks who led things dur- saving money, and saving Medicare. barrass the President of the United ing the election are leading them right Mr. President, I yield the floor. States, to stop him from being success- here on the floor. The PRESIDING OFFICER (Mr. ful, and to stop us politically, when the Mr. WHITEHOUSE. I share the dis- BEGICH). The Senator from Rhode Is- reality is very serious. This is not appointment of the Senator from land. about a President. We have had 100 Michigan; that the promise and the Mr. WHITEHOUSE. Mr. President, I years of Presidents trying to do this. outreached hands have been rejected would love to interject a question to This is not a particular Senate. We and rebuffed; that this place has be- the distinguished Senator from Michi- have had Senates for years that have come so bitterly partisan. This is my gan. been trying to do this. This is about first time in the Senate with a Demo- We are in a situation in which the when are we going to get beyond all cratic President, and I have been sur- other side is repeatedly coming to the this? When are we going to actually get prised at the tone of the debate, at the Senate floor to ask us to delay, to stop, beyond this and focus on the reality of lack of truth of a great many of the ar- to slow down, to start over. I am curi- what is going on in people’s lives, what guments, of the very apparent motiva- ous, as somebody who has watched this is going on in every small business that tion. debate very closely, what the Senator is trying to figure out how to pay the I have spoken to members of our cau- from Michigan thinks about where we bills and hold it together or every man- cus who I think are probably viewed as would be if we acceded to that wish? ufacturer in my great State that is try- some of the most moderate when it Bearing in mind that one of the sort of ing to figure out how they are going to comes to seeking bipartisanship, who ideological firebrands who seems to be hold it together. At one point, the are calm and respected Members of the leading a measure of the debate on the American people will have every right Senate and who have been here a long other side has indicated this is not to say to us: When are you guys going time, and I have asked them how this about health care and people; this is to get beyond this stuff? compares to their long years of experi- about giving President Obama a Water- The good news is, we have a Presi- ence in the Senate. One of them said he loo; this is about creating a political dent who has said now is when we are has literally never seen anything like defeat for the President of the United going to put it behind us and the Sen- it in all the years he has been in the States on their side; it has nothing to ate has said now is the time and we Senate. He has never seen anything do with health care; it is entirely about will work in good faith with anyone like it. They are always on message, he creating a defeat for this new Presi- who wants to work with us. But we will said, but I have never seen them so off dent; when, in the face of all the ob- not wait, which is what we are being truth. struction the distinguished Senator asked to do—wait until another time, I think it is regrettable, but if your from Michigan described so eloquently, when 45,000 more people will have died mission is to destroy a strong and im- this recordbreaking, ‘‘unprecedented in next year, when another 5,000 people a portant piece of legislation, not be- the history of the Senate’’ obstruction day will have lost their homes to fore- cause it is bad legislation but because we are seeing, the person whom I think you can’t stand having this new Presi- right now seems to characterize the closure. Mr. WHITEHOUSE. If we were to dent win a political victory, are you leadership of the radicalized rightwing wait, does the Senator think there is going to go out and disclose that is and is running the Republican Party, any likelihood people on the other side your motivation? No, you are going to Rush Limbaugh, is telling the other would suddenly want to cooperate with come up with a bunch of other side they have not been obstructive President Obama and not hand him a enough. cockamamie arguments to paper that So if we were to go back, start all defeat? If Rush Limbaugh would say: over. You will talk about death panels over, and reach out our hands again to OK, Republicans in the Senate, go and you will go through all the non- our friends on the Republican side, is ahead, work with the Democrats now; sense we have seen and it is regret- there any reason to believe that we don’t just be the party of obstruction table. would not be just as rebuffed going for- and delay but try to work coopera- Ms. STABENOW. If I might interject ward as we have been in the long ardu- tively for the American people, does with my friend, I have been handed a ous process of negotiation and hearing the Senator think there is any likeli- note that says, in fact, there have been and public meeting and all of the work hood of that happening? over 150 amendments offered by Repub- that has taken us to this point right Ms. STABENOW. I would like to licans, and so our attempts have been now? think there would be a likelihood of ongoing to reach out. Ms. STABENOW. Mr. President, I that happening, but I can’t imagine it. Mr. WHITEHOUSE. I think those thank my friend from Rhode Island for Frankly, and I think unfortunately, were the Republican amendments that the question and for his advocacy and they view it in their self-interest, were accepted into the HELP Com- understanding of how we bring down whether it is a business decision, as a mittee bill. In fact, I think there were costs and what we should be doing in so radio host, or whether it is a decision 161, if I remember correctly from my many areas for families and for busi- of the other party. I appreciate the fact time sitting on the committee. We nesses in the country. that it is hard to lose elections. We took Republican amendment after Re- I will just say that we have, first of have all been in those situations. I ap- publican amendment after Republican all, attempted to get something done preciate the fact that folks don’t want amendment trying to reach out to for years. In the last couple of years, to be in the minority. Most of us have them. reaching out to Republicans in an un- been in that situation. So I appreciate Ms. STABENOW. So we have over 300 precedented way, our distinguished that. But I think all of us were hoping pages of the bill which contain Repub- chairman of the Finance Committee, this year, with two wars, with the def- lican amendments, and that is fine. as everyone knows, went to unparal- icit we have, with the challenge on There is no ownership in the sense of leled lengths in reaching out and health care, with the need to create who has the better ideas. In fact, what spending months and months putting jobs, and with the financial crisis we I find interesting is the insurance ex- together a work group of three Demo- are in, that somehow it would be dif- change we have in the bill for small crats and three Republicans to work in ferent for a while. businesses—which is at the heart of good faith to get something done. I would ask my colleague if he had coverage of small businesses and indi- We have accepted Republican ideas. I the same sense of hope coming in; that viduals—has been offered by Repub- know on the HELP Committee there this year maybe there would be a mor- licans and Democrats. I believe distin- were many amendments accepted from atorium on the partisanship; that we guished former Senator Bob Dole of- Republican colleagues. We have contin- could actually come together in the in- fered some form of an exchange back ued to reach out and look for ways to terest of the country and solve prob- during the debate when President Clin- work together. lems before going back to the elec- ton was in office.

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.070 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12893 So we are not trying to claim a cor- ing like this, in the kind of environ- What about the State Department ner on ideas. There are many ideas ment we are in today. Plus, then we and Foreign Operations? How much did that have been available and talked had the whole Nation working to win that budget line increase over last about for years. It is a matter of hav- that life-and-death struggle. year? Thirty-three percent. We don’t ing the will, the commitment to actu- I will just say a few things about this have to increase State and Foreign Op- ally do the hard work people expect us omnibus bill. First, I don’t think any erations 33 percent. This is beyond a to do in order to get this done. I think of us should support it. Why? It is un- reasonable amount by any stretch of that is what is so important about this acceptable. Why? It is the kind of the imagination, and it also received time, when the average family is find- spending that has caused the American an increase in the stimulus package. ing themselves unraveling, with not people to be outraged and to go out in What about Transportation and knowing if their job is going to con- the streets. People told me they had Housing and Urban Development? What tinue to be available or if there will be never been to a rally before in their kind of increase did they get in this a cut in wages. They are paying more lives, but they went out because they year’s budget, in a time when the out of pocket for everything under the are afraid for their country. American people are having to cut Sun and then worrying if the employer Look at the package of spending that their budgets, when they try to save is in this legislation—the Commerce, is thinking: Well, you can have your more than they ever saved before, try- Justice, and Science bill has been cob- job or your health insurance because ing to find work if they or family mem- bled together with the others. There the employer can’t keep both going. bers are losing jobs, when they are not are 6 of the 13 appropriations bills all The fact is, we have lost so many getting overtime like they did before, packaged together into 1 to see if they middle-class jobs—and I will spend an- when other things are tightening them can’t ram it through during the last other time talking about the loss of up and the fear of unemployment is out days before Christmas so nobody will manufacturing jobs in this country. We there; what does Transportation and have the gumption to cause a fuss have lost a lot of our middle class in about it and so we can just get this HUD get in the baseline budget? Not terms of good-paying jobs. So people done. What is it that is contained in counting the stimulus money: 23 per- are now saying: Wait a minute, just the legislation that causes such angst cent increase. With a 23-percent in- being the party of no, that is not going on my part and on the part of others? crease you double the whole Transpor- to be enough. That is not good I will explain it for you. tation-HUD budget in 4 years. This is enough—just saying no for political Here are the numbers. The Com- not responsible. reasons. That is not enough. We want merce, Justice, Science appropriations By the way, the baseline Transpor- to know what you are going to say yes bill contains $64 billion in spending. tation-HUD budget in 2009 was $54 bil- to. We want to know how you are going The percent of growth over last year’s lion. It was $54 billion, and the stim- to work together. We want to know spending is 12 percent. Just to recall ulus package added $61.8 billion on top how are you going to actually solve a for my colleagues, if you know the rule of that. problem. of seven, which you learn in account- The omnibus bill in all of the spend- When someone such as Joe, from ing: at a 7-percent growth rate—or if ing lines amounts to an increase of 12 Rockford, MI, says he served in the Ma- you have an interest rate of 7 percent— percent. This is unsustainable, and the rines for 4 years and their motto is: your money will double in value in 10 12 percent does not include the huge ‘‘We take care of our own,’’ my ques- years. Here we have a 12-percent in- amount of money that was funded tion is: When are we going to come to- crease. That means the expenditure through the stimulus package. gether and take care of our own Ameri- line of Commerce, Justice, and Science I see my colleague here, one of our cans? I don’t mean literally taking increases at 12 percent, which would stalwart Members of this Senate. I will care of every person but creating op- double that whole amount in about 7 yield to him, but I just want to be on portunity for people, creating the cli- years. Do you think that is what the record saying I would love to vote for mate for people to have a job, to have American people want? This does not these bills. I voted for many of these health insurance, to send the kids to count the stimulus package we passed funding bills in years past, but I am college, to be able to afford to keep earlier this year. My wife says: Quit not going to vote for a package that in- their lights on, and to be able to know saying we passed, when you voted creases spending of the Federal Gov- that their country is on their side. against it. I didn’t vote for it. It was ernment at 12 percent when the aver- That is what this is about. They do not $800 billion, and $15 billion went into age American is lucky to have a job want us to wait more, they want us to Commerce, Justice, and Science appro- and inflation in this country is 1 or 2 move quickly—move quickly on health priations. So we go from $64 billion in percent. This makes no sense to me. care and jobs and all the other issues this bill and add $15 billion on top of Remember, this spending is in addi- that are so important to their families. that amount, which is already being tion to the amount of money approved So I thank my friend from Rhode Is- spent. in the stimulus package—$800 billion. land for joining me, because there is a What about a second one—financial If you would like to know how much sense of urgency that people have, and services. It has a 7-percent increase. money $800 billion amounts to, the gen- we need to have that sense of urgency The rate of inflation is what, 1 percent? eral fund budget in my State of Ala- to get things done—to work together On top of this bill, we add about a $7 bama—we are an average size State—is and to get things done. Frankly, one of billion infusion in financial services less than $2 billion. The entire total the things our colleagues on the other from the stimulus package. Last year, spending of these six bills in this omni- side of the aisle have successfully done the spending was $22 billion; this year, bus package is $445 billion, and we is united our caucus in its determina- it is $24 billion. Add $6.9 billion on top spent in February—this Congress ap- tion to not let this kind of stalling and of that and you have about $31 billion, proved without my support $800 billion objections and tactics, which are slow- which is a massive increase. extra to try to stimulate the economy. ing things down, stop us from actually Labor, HHS, and Education also in- Unfortunately, it has been frittered solving a huge problem that has gone creased at 7 percent, and it received $72 away without the kind of impact we too long unsolved for the American billion extra from the stimulus pack- need. people. age. I am not counting the stimulus I am worried what we are doing. I ap- I thank the Chair. when I say it is a 7-percent increase. I preciate having this opportunity to The PRESIDING OFFICER. The Sen- am talking about the baseline budget. share those comments, and I will speak ator from Alabama. Military Construction and Veterans Af- more about it in the future. Mr. SESSIONS. Mr. President, we are fairs is oddly the lowest. It only re- I yield the floor. considering the omnibus bill. Once ceived a 5-percent raise. Well, 5 percent The PRESIDING OFFICER. The Sen- again, I have to say that we are head- is still a big increase when the infla- ator from Utah is recognized. ing recklessly, at a high rate of speed, tion rate is below 2, and it received $4 Mr. HATCH. Mr. President, I appre- toward the most reckless spending this billion from the stimulus, which is not ciate my colleague’s great remarks. I Nation has ever seen. We saw some big much. The stimulus gave very little to rise today to discuss an important as- spending during World War II but noth- military matters. pect of this multifaceted health care

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.072 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12894 CONGRESSIONAL RECORD — SENATE December 10, 2009 reform bill that is now pending on the 1,979, we see all but 5 of the 14 revenue The original concept, which was dis- Senate floor. It is tax increases and raisers included there would hit fami- cussed at length in the finance com- who will bear the burden of those tax lies making less than $250,000. mittee earlier in the process of devel- increases. I have actually heard some There is a cornucopia of new taxes on oping health care reform legislation stand on the Senate floor and say there middle-income Americans in this legis- this year, has merit if done correctly. are tax reductions. Who are they kid- lation: a limitation on itemized med- By providing a direct disincentive to ding? The gargantuan piece of legisla- ical expense deductions for medical ex- the very individuals who would suffer tion laying before us provides plenty of penses; an excise tax on the high-cost the tax increase, this original idea fodder for debate and discussion. This health insurance plans; a new tax on would have discouraged purchasing or debate and discussion is taking place medical devices such as wheelchairs, bargaining for higher cost insurance all over the country among Americans breast pumps, and syringes used by dia- simply because of the tax benefit. everywhere: over the family breakfast betics for insulin injections; a limit on However, this bill and the one ap- table, during breaks at work around contributions to flexible spending ac- proved by the Finance Committee does the water cooler, in corporate board- counts; an increase on the penalty for not take this route. Instead, it takes rooms, and bowling alleys, and during unqualified distributions from a health the cowardly approach and applies the Christmas shopping trips. savings account; an increase in the tax increase at the insurer level. Of course, right here in the Senate payroll tax, and on and on. Why is this a bad idea? For one we have already had many hours of de- Look at all these taxes: itemized thing, the tax increase occurs at a level bate about the health care bill, with medical expense deduction, fees on two steps removed from the individual many more likely to come. As one pe- drug manufacturers, high-cost plan employee, which is where the decision ruses the 2,074 pages that comprise the tax—by the way those are passed on to to buy a less costly plan is made. Rath- Patient Protection and Affordable Care you and me and every other consumer, er, the tax is assessed on the insurance Act—this bill—it quickly becomes ob- most of whom are less than $250,000-a- company which has no choice but to vious that this bill encompasses many year earners—fees on health insurers, pass the cost of the tax on to the em- topics and touches on a comprehensive nonqualified HSA distribution from 10 ployer and the employee who, together, array of issues dealing with our health percent to 20 percent, fees on medical pay the cost of the policy. care system. device manufacturers, fees on FSAs—a Instead of providing a disincentive However, it is not until near the very $2,500 cap on FSAs—people who have for purchasing more health insurance end of the bill, starting on page 1,979, suffered from disabilities and other than is necessary, applying the tax at that we find title IX, which deals with problems, they can’t live with that the insurer level simply increases the revenue offset provisions. Perhaps it is kind of cap—and an individual mandate cost of insurance without the employer because this title is near the end of penalty excise tax, all of those. That is and employee necessarily even know- this seemingly endless bill that we just mentioning a few of them. It goes ing why the cost has gone up. have heard relatively little discussion on and on. You wonder why insurance costs go about the new taxes it creates or per- Some of these would directly hit up? haps it is because the tax title is rel- many taxpayers who make less than So for the sake of avoiding what ap- atively short, a mere 67 pages. $200,000, such as this 5 percent excise pears to be a direct tax increase on No matter the reason, I believe it is tax on cosmetic surgery, while others workers, this approach loses the ben- vital that the American people under- stand something about these new taxes would in the form of higher fees and efit of the original idea of bending before we are asked to vote on this leg- penalties that would ultimately be down the cost curve by providing a dis- islation, this gargantuan legislation. passed on to the consumer. incentive. But make no mistake, this Before I get into the specifics of the This is certainly the indication with increased cost of these insurance plans new taxes and tax increases in this bill, the new ‘‘industry fees’’ that would be will be passed on to the employees. I need to inform my Utahns and Ameri- assessed on several sectors of the ‘‘Forty percent excise tax on high- cans everywhere that they are being health care industry. cost insurance’’—which most people sold a bill of goods when it comes to Who do they think is going to pay for will have. This is not even— these taxes. those? It is you and me and everybody . . . by 2019, 88 percent or $30.5 billion will Based on what President Obama else. Look at this chart, the biggest be borne by individual taxpayers; 84 percent promised during his campaign last single tax increase in this health care of those will be individuals who make less year, every individual American tax- bill is also one of the most insidious. than $200,000 or families who make less than $250,000. The Joint Tax Committee. payer earning less than $200,000 per This is the 40-percent excise tax on year, and every family making less high-cost insurance. My gosh, when does it end? than $250,000 per year is justified in be- By 2019, 88 percent, or $30.5 billion Moreover this tax burden would not lieving that this health care bill, which will be borne by individual taxpayers. be just on those whom the President has been endorsed by the President, Eighty-four percent of those will be in- says he wants to target for tax in- would not raise their taxes. Here is the dividuals who make less than $200,000 creases, those making over $200,000 per direct quote from candidate Barack or families who make less than $250,000. year as individuals or $250,000 per year Obama in New Hampshire on Sep- That is according to the Joint Com- for families. Far from it. tember 12, 2008: mittee on Taxation, upon which I sit. Data from the staff of the Joint Com- I can make a firm pledge. Under my plan It is a nonpartisan committee. mittee on Taxation showed that only no family making less than $250,000 a year This is the 40-percent excise tax on 16 percent of the $30.5 billion borne by will see any form of tax increase. health insurance coverage that exceeds individual taxpayers in 2019 would be Unfortunately, this bill places the $8,500 for single families or $23,500 for paid by those making over $200,000 per cost of health care reform squarely on families. year. This means that 84 percent or al- the backs of the taxpayers and mostly The unions in this country are going most $26 billion for this 1 year only on the 98 percent of Americans the crazy over that, and with good reason. would be paid by those whom the Presi- President promised to protect from The proponents of this idea tell us it dent promised to protect against tax new taxes. That is what it said. Presi- is necessary in order to ‘‘bend the cost increases. dent Obama’s exact words were: curve’’ downward and get the cost of Unfortunately, the excise tax on I can make a firm pledge. Under my plan, health care under control. However, in high-cost insurance policies is not the no family making less than $250,000 a year reality, this is simply a bastardized only way the health care bill would in- will see any form of tax increase. version of the concept that might have crease the cost of health insurance. To The President went on to promise: been effective in discouraging employ- add insult to injury, the bill also in- Not your income tax, not your payroll tax, ees from bargaining for too much in- cludes a $6 billion annual fee assessed not your capital gains taxes, not any of your surance because it is a tax-free benefit; on providers of health insurance. taxes. that is, for corporations that provide I have heard the other side just con- However, when one looks at the list it, a cap on the value of tax-free, em- demn health insurers, day in and day of revenue offsets beginning on page ployer-provided health insurance. out. Yet they are adding all these costs

VerDate Nov 24 2008 03:55 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.074 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12895 to the health insurers that have to pass form of higher insurance costs? That taxes on those with already high med- them on to the individual citizens, or means you and me. That means the ical expenses by making it tougher for insurees. employee. That means the person who them to get relief from catastrophic As I understand it, the rationale be- bears the burden. I thought the purpose medical expenses. But the real conun- hind this misguided idea is that health of this health reform bill was to rein in drum is why would we do this as part of insurance companies will be enjoying a health care costs. a bill that is supposed to rein in health windfall from this bill in that millions How much does this so-called health care costs. of new customers will become insured care reform bill harm taxpayers and It is no wonder my fellow Utahns and for the first time. Therefore, the rea- violate President Obama’s promise not Americans everywhere are questioning soning goes, the health insurance in- to raise taxes on the middle class? Let the wisdom of this bill. As with so dustry will be earning billions of dol- me tell you about one of the most egre- many other features of this so-called lars that they would not have other- gious tax increases in this bill. I have health reform plan, this doesn’t make wise made, all because of the beneficial always believed that one of the major sense. aspects of this health reform bill. purposes of health care reform is to There is much more I want to say Therefore, since these companies will lower the cost of medical expenses to about the tax increases in this bill. be reaping all of this extra profit, why American families and especially to American taxpayers need to know the should we not tax them on this wind- vulnerable American families. There- truth about what is about to hit them, fall in the form of this annual fee as fore, it makes no sense to me that this if the majority has its way. I have not though those costs are not going to be bill should include this next tax in- yet mentioned the new industry fee on passed on? This is a bad idea on so crease which would largely hit the medical device companies. Because my many levels. First, it assumes that the sickest Americans. This proposal would home State of Utah has many such insurance companies will actually be increase the threshold for deducting companies, I plan to address this new gaining all of these new customers. medical expenses from today’s level of fee in a separate floor statement as Secondly, it assumes that the insur- 7.5 percent to 10 percent of adjusted this debate progresses. ance companies will be making money gross income. This seemingly small Let me summarize by reminding my from these new customers if they in- change is projected by the Joint Com- colleagues that the tax increases in deed gain them. Keep in mind, they are mittee on Taxation to cost taxpayers this bill fly in the face of the promises made by the President, the leader of talking now in the back rooms. Nobody over $15 billion over 10 years. Which the majority party in Congress who has knows what they have concluded. They taxpayers would suffer this tax in- explicitly endorsed this legislation. are talking about putting people into crease? The ones earning more than The staff of the Joint Committee on Medicare from 55 years old on, where $250,000 per year that President Obama Taxation recently conducted a dis- today you have to be 65 years of age to pledged would be the only Americans tributional analysis of how four of be able to qualify for Medicare. Now to be saddled with a tax hike under his these tax increase provisions affect they want to do that at 55. What does administration? Hardly. Of the many American taxpayers. Under that anal- that mean? That means the sickest of millions of families affected by this ysis, in 2019, individuals making over the sick will go into Medicare. People change, only a few thousand have in- $75,000 and families making over $75,000 are going to push them out of regular comes over $200,000. Think about that. will see their taxes increase under this policies and others will go into Medi- The vast majority of the victims of bill. That is equal to 42 million middle- care, so these insurance companies this tax hit would be below that figure, income taxpayers. Think about that: 42 aren’t going to make all the money the with many of them being far from million middle-income taxpayers all Democrats say they are. wealthy. In fact, a high percentage of The third assumption is the most making less than $200,000 per year and the taxpayers affected by this change all of them, told by the President that troubling. That is that it would be the make less than $75,000 per year. they would be protected from tax in- insurance companies themselves that Look at this. If your income equals creases, will be hit and hit hard by this would bear the burden of these fees. $100,000, then you need to incur $10,000 bill. This is after taking into account These are all dangerous assumptions. worth of medical expenses before you the tax effects of the advanced refund- The third one is downright fallacious. become eligible for the deduction. Mil- able tax credit for health insurance. It assumes that corporations suffer the lions of taxpayers making less than Think about this: Millions more mid- incidence of taxation. As anyone with a $200,000 will be affected. The deduction dle-income taxpayers will be hit by in- modicum of economic training knows, for medical expenses has been in the direct tax increases from the health in- corporations do not bear the burden of Tax Code for decades. Its purpose is to dustry segment fees included in this taxes, people do. Specifically, it is the provide relief to Americans who face bill. There is no question that these people who work for the corporation, catastrophic medical expenses in rela- fees and other excise taxes will be who own the corporation, and who are tion to the size of their income. It is passed through to the individuals who the customers of the corporation who designed so that an average or usual are consumers of the health care prod- ultimately pay the tax. They are amount of health care costs will not ucts that are being passed. As we de- passed right on to the people. This is trigger the relief. Like I say, a family bate this health care bill, it is impera- not the only dangerous new excise tax earning $100,000 this year would have to tive that the American people know in this bill. We have a whole passel of have medical expenses exceeding $7,500 what is in the legislation and how it them. A new excise tax on health in- before the deduction kicks in. This will affect them. It would be a travesty surance providers. Look at this, excise does not count what insurance pays but for us to vote on this before these taxes in the health care bill, excise tax only what the family would fork over things are fully understood and de- on health insurance providers, new tax in out-of-pocket costs. bated. This is one of those few bills on pharmaceuticals, a new tax on med- Even for those with the most basic that come along only once in a genera- ical devices, a new tax on high-cost in- health insurance, 7.5 percent of family tion or so. It is one of those bills that surance plans, and a new tax on cos- income spent for medical expenses is a has the potential to change our coun- metic surgery. In the case of competi- large amount. In many cases, this try forever, for good or bad. In this tive markets, an excise tax is generally much medical cost relative to income case, it is not for good. borne by consumers in the form of is caused by chronic health conditions The tax increases in this bill are un- higher prices in the long term. At least or serious accidents or injuries, and precedented in many ways and not well this is what the staff of the Joint Com- this is exactly the point. The current thought out. They will have a dev- mittee on Taxation said to me in a let- tax law rightly says that if a family astating effect on the people the Presi- ter on these insurance industry fees, has to pay catastrophic or near cata- dent has promised to protect. The tax dated October 28, 2009. Why in the strophic amounts for health care dur- increase aspect alone of this leviathan world would we want to add a fee to ing the year, relief is available. By de- is enough to demand its defeat here in the health insurance industry when we sign this deduction is there only for the Senate. But there are so many know it will be passed right on to con- those who need it. So the big question more ill-advised provisions in the other sumers of the health insurance in the is: Why we would want to increase 2,007 pages as well.

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.075 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12896 CONGRESSIONAL RECORD — SENATE December 10, 2009 I urge my colleagues to take a good week after week with amendments re- particular, the conference report in- and honest look at these tax increases lating to things of little or no con- creases discretionary spending at the and make sure they are ready to face sequence. I cannot count how many VA by more than $5 billion to help the the vast majority of their unsuspecting ACORN amendments we voted on. It VA care for the more than 6.1 million constituents once they discover what would be a forest of oak trees if those veterans they expect to see in 2010. has been done to them with this bill, acorns were planted. But we voted on As chairman of the subcommittee re- should it pass. them regularly, religiously. We made sponsible for Division C of this consoli- I am very concerned about this bill. sure we took care of ACORN, but we dated appropriations bill, I would like The American people are very con- didn’t take care of the people’s busi- to take the next few minutes to de- cerned about this bill. Polls show they ness because those amendments wasted scribe the key components of that por- don’t support this bill. I can’t believe our time. tion of this bill. my colleagues on the other side are These appropriations bills have taken Before doing so, I want to recognize trying to present it as though it is a longer and longer because the minority and commend my ranking member, tax deduction bill when, in fact, it will not agree to reasonable time Senator COLLINS, for her helpful coun- raises taxes in billions and billions of agreements to consider amendments sel, input, and support in crafting the dollars, most of which go to the middle and finish debate. bill. It has been a privilege and pleas- class or lower in transferred payments, Instead, we found ourselves consist- ure to collaborate with her in address- and causes other problems added to ently sidetracked by the minority, ing the needs of the agencies and pro- their woes in health care and their spending hours on the floor taking the grams dependent on funding under our very lives, as we go through all of our same votes on keeping ACORN from re- division of this conference agreement. I lives here in the United States. I am ceiving money from different Federal am proud that we have produced a very concerned about it. I think every- agencies like the Interior Department. truly bipartisan product. body ought to be concerned about it. So, here we are. We have 21 days be- This conference agreement allocates This is one-sixth of the American econ- fore the end of the calendar year and budgetary resources totaling $46.3 bil- omy. If we can’t get 75 to 80 votes in a we need to finish the business of the lion. This consists of $24.2 billion in bipartisan way, you know it is a lousy Congress. discretionary spending and $22.1 billion bill. This is a lousy bill. From what I To do so, we engaged Republican in mandatory spending for financial have heard of the one that even Demo- members of the Appropriations Com- services and general government ac- crats don’t know what form it will be mittee and worked on reasonable com- counts. The discretionary funds are $1.6 in, it is going to be even more lousy. promises to the differing bills in the billion above the fiscal year 2009 en- I yield the floor. House and Senate. acted level and $40 million less than The PRESIDING OFFICER. The Sen- This package of appropriations bills the President’s request. ator from Illinois. is the result of a truly bicameral and Our work has provided a valuable op- Mr. DURBIN. Mr. President, pending bipartisan effort. portunity to evaluate the responsibil- before us now is an omnibus bill which This package represents the prior- ities, functions, and budgetary needs of contains six different appropriations ities of the American people. The con- the diverse agencies and programs bills. It was not our intention to call ference report invests in students, vet- under our jurisdiction. Our challenge this omnibus bill but to call each one erans and law enforcement. has been deliberating carefully to of the appropriation bills. Unfortu- The bill before us makes college edu- make tough decisions within our con- nately, it has been impossible to reach cation more affordable for students by ference funding allocation to address that goal because of a strategy that increasing Pell grants to $5,500. many worthy requests. has been employed by the Republican This will help all students, whether The bill provides resources for the side of the aisle to slow down any de- they are going to college for the first Department of the Treasury, the Exec- bate on any topic as much as possible, time or going back to acquire new utive Office of the President and White to challenge us with filibusters and skills, get the college education nec- House operations, the Federal judici- force cloture votes and make the Sen- essary to compete in the global econ- ary, and the District of Columbia. ate go into interminable quorum calls. omy. In addition, the bill funds over two So many times we have called bills The conference report also helps dozen independent and vital, but often that came out of the Appropriations local governments fight crime and puts obscure, Federal agencies responsible Committee with overwhelmingly posi- more police on our streets. for a wide array of critical functions in tive votes only to run into roadblocks We have increased grants for State the delivery of public services. on the floor. And then after weeks and and local law enforcement by $480 mil- I would like to share some of the weeks and weeks of procedural prob- lion over last year. highlights of the bill: lems tossed our way by the Republican These grant programs were cut by al- My top priority this year was to con- side of the aisle, the bill is finally most $2 billion during the last adminis- tinue to address the resource needs of called and passes by an overwhelming tration. two of our Nation’s premier regulatory margin. The strategy is clear. This conference report sets the right agencies: the Securities and Exchange It is as clear on the health care bill priorities by increasing funding essen- Commission and the Commodity Fu- as it is on the appropriations bills that tial to helping our States and local po- tures Trading Commission. These two the Republican side of the aisle doesn’t lice departments fight crime. agencies occupy pivotal positions at want us to complete. So we are at- We also help local law enforcement the forefront of stimulating and sus- tempting to do our best by consoli- with hiring and training by including taining economic growth and pros- dating into one appropriations bill six $298 million for the Community Ori- perity in our country. different appropriations bills that ented Policing Services or COPS pro- The CFTC received its fiscal 2010 passed with overwhelmingly positive gram to put more cops on the beat. funding as part of the Agriculture ap- margins out of the Senate Appropria- This funding will help hire or retain propriations bill, signed into law in tions Committee. There were three approximately 1,400 police officers. September. I am pleased to have played bills that received 30 to nothing votes The COPS program has helped train a role in providing that agency with in the Appropriations Committee and nearly 500,000 law enforcement per- $168.8 million, a 16-percent boost above three others that were reported out 29 sonnel and put over 121,500 additional last year. to 1, to give an idea of the kind of sup- officers on the beat nationwide. For the Securities and Exchange port they had. We brought up the Com- This conference report also helps Commission, this bill includes merce-Justice-Science appropriations keep our promise to our Nation’s vet- $1,111,000,000, an increase of $85 million bill on October 6. It took us a month to erans by increasing funding for the above the President’s budget request finish that bill because of the delay Veterans Affairs Department by $5.3 and $151 million more than the fiscal tactics of the other side. That is the re- billion above last year’s level. year 2009 enacted level. ality of what we face. We have run our- This funding will increase access to The SEC is the investor’s advocate. I selves into the ground day after day, quality health care for our veterans. In want to make certain that the SEC has

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.076 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12897 the necessary resources to effectively program and protect the public against There being no objection, the mate- fulfill its singular obligation: pro- unreasonable risk of injury associated rial was ordered to be printed in the tecting shareholders. with consumer products. RECORD, as follows: SEC Chairman Mary Schapiro has For the Internal Revenue Service, U.S. SENATE, charted an aggressive new course to the bill provides $12.2 billion. Of this, $7 Washington, DC, December 7, 2009. strengthen SEC vigilance by recruiting billion is for tax law enforcement, $387 Hon. RICHARD DURBIN, professional expertise and investing in million more than last year, to help ad- Chairman, Subcommittee on Financial Services enhanced technology. The $85 million vance the administration’s initiative and General Government, Senate Committee increase in this bill will support 420 ad- to target wealthy individuals and busi- on Appropriations, Dirksen Senate Office Building, Washington, DC. ditional investigators, attorneys, and nesses who avoid U.S. taxes by shel- tering money in overseas tax havens. Hon. SUSAN COLLINS, analysts to expand significantly the Ranking Member, Subcommittee on Financial SEC’s enforcement, examination, risk The bill provides nearly $6.4 billion Services and General Government, Senate assessment, and market oversight to enable the Federal judiciary to Committee on Appropriations, Hart Senate functions. carry out constitutional responsibil- Office Building, Washington, DC. In addition, the SEC will be able to ities to administer justice and resolve DEAR CHAIRMAN DURBIN AND RANKING MEM- accelerate investments in several key disputes impartially under the rule of BER COLLINS: As your Subcommittee works information technology projects, in- law. toward a conference with the House of Rep- cluding installing and launching a new Of the $752 million in Federal funding resentatives on the Fiscal Year 2010 Finan- for the District in this bill, the largest cial Services and General Government Ap- system to track tips and complaints. propriations bill, I respectfully request your The conference bill supports commu- portion, $563 million, is designated for the local courts and criminal justice support for several projects that are impor- nity and small business development at tant to the state of New York, as well as to a time when these investments are system including public defender serv- our nation. more crucial than ever. With the econ- ices and pretrial and postconviction of- I urge the Senate Conferees to fully fund omy struggling, economic development fender supervision. my priority project included in the FY10 must be a top priority. In addition, the bill provides a total Senate version of the Financial Services Ap- Treasury’s Community Development of $186 million in Federal funds for propriations bill: Support the Senate Appropriations Com- Financial Institutions Fund program— local District of Columbia activities under the control of the mayor. Of this mittee (SAC) addition of $117,500 for the City CDFI—helps finance community devel- of Buffalo for the Buffalo Clean Energy Incu- opment projects throughout the coun- amount, $110 million is for education- related functions, specifically support bator, in the Small Business Administration try and supports basic financial serv- account; ices for underserved communities. The for local school improvement and post- Support the SAC addition of $117,500 for bill provides $166.8 million for CDFIs to secondary tuition assistance. the Community Service Society of New York This $110 million continues our com- provide financing for projects such as for a financial education project, in the mitment to improving the quality of day care centers, community centers, Small Business Administration account; education for children in the District Support the SAC addition of $117,500 for and affordable housing projects in of Columbia. I convened two hearings the Greater Syracuse Chamber of Commerce America’s underserved neighborhoods. this fall to assess the Federal invest- for the Space Alliance Technology Outreach Through the Small Business Admin- ment in school improvement over the Program, in the Small Business Administra- istration, the bill provides over $824 past 5 years. To date, including this tion account. million to promote the development of In addition to my Senate priorities, I also bill, Congress has provided $348 million America’s small businesses. The bill offer my support for the following projects since fiscal year 2004 as special pay- included in the House version of the bill: supports $28 billion in new lending to ments to help the District address small businesses, providing financing Support the House Appropriations Com- long-standing deficiencies in its edu- mittee (HAC) addition of $17,500,000 for Na- opportunities for small businesses at a cation system. tional Archives and Records Administration, time when private sector credit is dif- This conference agreement provides Washington, D.C., for FDR Presidential Li- ficult, if not impossible, to access. The $75.4 million for school improvement in brary, New York, in the National Archives bill also provides $22 million for the District in three sectors: $42.2 mil- and Records Administration account; microloan technical assistance grants lion for public schools, $20 million for Support the HAC addition of $150,000 for and supports $25 million in micro- Agudath Israel of America, New York, NY, charter schools, and $13.2 million for for Mentoring and training services, in the lending. opportunity scholarships. The bill also Funding also supports SBA’s part- Salaries and Expense account; includes $35.1 million to continue the Support the HAC addition of $250,000 for ners, including Small Business Devel- District of Columbia resident tuition the Buffalo Niagara International Trade opment Centers, Women’s Business assistance grant program which per- Foundation, Buffalo, NY, to support small Centers, and Veterans Business Out- mits eligible District residents to at- businesses, in the Salaries and Expenses ac- reach Centers. These partners form a tend out-of-state colleges and univer- count; foundation of support to help Amer- sities at in-state tuition rates. Support the HAC addition of $150,000 for ica’s small businesses weather the eco- Finally, just a few words about ear- the Center for Economic Growth, Albany, for Watervliet Innovation Center, in the Sala- nomic downturn and assist newly un- marks. This is a very transparent ap- employed Americans seeking advice on ries and Expenses account; propriations bill shining a light on re- Support the HAC addition of $150,000 for starting a small business as a new ca- quests from Senators, House Members, the Consortium for Worker Education, New reer path. and the Obama administration. Quite York, NY, for Financial training and guid- As we have done in the past few frankly, that is the way it should be. ance programs, in the Salaries and Expenses years, this bill provides a significant Nothing is buried or disguised. The account; funding increase for the Consumer name of every Member who has asked Support the HAC addition of $151,000 for Product Safety Commission. To help for anything in the House or Senate Girl Scouts of the USA, New York, NY, for a keep CPSC on track to meet its new re- bill that has been included in this con- national program to improve financial lit- sponsibilities under the Consumer eracy, in the Salaries and Expenses account; ference agreement is disclosed in the Support the HAC addition of $200,000 for Product Safety Improvement Act, the explanatory statement. Every Member Greater Syracuse Chamber of Commerce, bill provides $118.2 million, an increase has to stand by every request he or she Syracuse, NY, for Clean Tech Startup Camp, of $13 million above last year’s level makes, and it is printed right there for in the Salaries and Expenses account; and $11 million above the budget re- the world to see. Support the HAC addition of $350,000 for quest. After the document went to print, Hudson Valley Agribusiness Development These funds will help expand the im- Senator SCHUMER submitted a letter to Corporation, Hudson, NY, for Hudson Valley port safety initiative, which puts CPSC the committee conveying his support Food Processing Incubator Facility, in the inspectors at key U.S. ports, and to Salaries and Expenses account; for several items included in the bill at Support the HAC addition of $75,000 for further investigate suspected problems the request of House members. Hunter College, New York, NY, for the Roo- with imported drywall from China. I ask unanimous consent to have the sevelt House Institute Public Policy Insti- With these resources, the CPSC can text of Senator SCHUMER’s letter print- tute, Financial Literacy Project, in the Sala- provide the nation with a robust safety ed in the RECORD. ries and Expenses account;

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.021 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12898 CONGRESSIONAL RECORD — SENATE December 10, 2009 Support the HAC addition of $150,000 for Mr. REID. Mr. President, I ask unan- on the drug reimportation issue and a Metropolitan Council on Jewish Poverty, imous consent that the mandatory whole host of other amendments we New York, NY, for Employment and training quorum be waived. have all been anxious to offer at a later programs, in the Salaries and Expenses ac- The PRESIDING OFFICER. Without time. But at this stage, regretfully, I count; Support the HAC addition of $100,000 for objection, it is so ordered. object and propound the following al- New York College of Environmental Science UNANIMOUS CONSENT REQUEST—H.R. 3590 ternative. & Forestry, Syracuse, NY, for the New York Mr. REID. Mr. President, I now ask Is my objection registered? Forest Community Economic Assistance unanimous consent that the Senate re- The PRESIDING OFFICER. Objec- Program, in the Salaries and Expenses ac- sume consideration of H.R. 3590, the tion is heard. count; health care bill, for the purposes of Mr. MCCONNELL. I would say to my Support the HAC addition of $125,000 for considering the pending Crapo motion friend, the majority leader, could we Pace University Lienhard School of Nursing, just get in the queue the Crapo amend- White Plains, NY, for nursing workforce edu- to commit and the Dorgan amendment No. 2739, as modified; that Senator ment and the, I believe, Baucus side by cation and training initiative, in the Sala- side to the Crapo amendment? I ask ries and Expenses account; BAUCUS be recognized to call up his Support the HAC addition of $85,000 for side-by-side amendment to the Crapo unanimous consent that we do that, Pratt Institute, Brooklyn, NY, for Green motion; that once that amendment has which would give us a way to go for- ward on two measures that both sides Community Career & Business Training Cen- been reported by number, Senator LAU- ter, in the Salaries and Expenses account; seem to want to vote on. TENBERG be recognized to call up his Support the HAC addition of $150,000 for The PRESIDING OFFICER. Is there side-by-side amendment to the Dorgan SUNY Fredonia, Fredonia, NY, for Small objection? business incubator, in the Salaries and Ex- amendment, as modified; that prior to Mr. REID. Mr. President, reserving penses account; each of the votes specified in this the right to object. Support the HAC addition of $100,000 for agreement, there be 5 minutes of de- The PRESIDING OFFICER. The ma- YMCA of Long Island, Inc., Holtsville, NY, bate equally divided and controlled in jority leader. for Diversity Training Program at the the usual form; that upon the use or Mr. REID. Just this afternoon, my Brookhaven-Roe YMCA, in the Salaries and yielding back of the time, the Senate Expenses account. friend, the Republican leader, said— I certify that to the extent of my knowl- proceed to vote in relation to the Lau- and I quote—‘‘I think it is pretty hard edge neither I nor my immediate family has tenberg amendment; that upon disposi- to argue with a straight face that a pecuniary interest, consistent with the re- tion of the Lautenberg amendment, the we’re’’—‘‘we’’ meaning Republicans— quirements of Paragraph 9 of Rule XLIV of Senate then proceed to vote in relation ″not trying to proceed to amend and the Standing Rules of the Senate, in any to the Dorgan amendment; that upon have votes on this bill. That’s what we congressional directed spending item that I disposition of that amendment, the desire to do.’’ requested as reported by the Committee on Senate proceed to vote in relation to Mr. President, it is obvious the Re- Appropriations. the Baucus amendment; that upon dis- I thank you for your consideration of these publicans have said privately to their important requests. position of that amendment, the Sen- friends and publicly here and in the Sincerely, ate proceed to vote in relation to the media that this is a bill they want to SENATOR CHARLES E. SCHUMER. Crapo motion to commit; that no other kill. To think they are interested in The PRESIDING OFFICER. The ma- amendments be in order during the doing something that is positive about jority leader. pendency of this agreement; that the this stretches the imagination. CLOTURE MOTION above-referenced amendments and mo- Also, let me just say this. I did not Mr. REID. Mr. President, we are here tion to commit be subject to an affirm- come to this body yesterday. I am not at 7 o’clock. My friend—I want to make ative 60-vote threshold and that if they the expert with procedures in the Sen- achieve that threshold, then they be ate, but I am pretty good. I want ev- sure the RECORD reflects that he is my friend—the Republican leader, we scuf- agreed to and the motion to reconsider eryone to understand this is a ploy pro- fle and argue out here, but we have be laid upon the table; that if they do cedurally to stop us from completing done a lot of things together over the not achieve that threshold, then they this bill. We are not going to have a years. But I do have a direct quote be withdrawn. bunch of amendments stacked up. The PRESIDING OFFICER. Is there from my friend just this afternoon: Amendments have been offered. We are objection? agreeing to vote on the amendments. We have been anxious to have health care Mr. MCCONNELL. Mr. President, re- votes since Tuesday and we have had the We know the drug importation is a dif- Crapo amendment pending since Tuesday. serving the right to object. ficult vote for the Republicans; it is a We would like to vote on amendments. All The PRESIDING OFFICER. The Re- difficult vote for the Democrats. But we are asking is an opportunity to offer publican leader. that is what we do around here. amendments and get votes. Mr. MCCONNELL. As I stated earlier Every amendment we have had so far That is what we have been trying to today, and as the majority leader has has been 60-vote margins. This should do now for the last several hours. First indicated, we have waited since Tues- not be any different. So I want the of all, I have a cloture motion at the day to vote on additional health care RECORD to reflect that we are ready to desk with respect to the conference re- amendments, including the pending vote. He keeps talking about ‘‘since port to accompany H.R. 3288. Crapo motion to commit on taxes. Fi- Tuesday.’’ There have been quite a few The PRESIDING OFFICER. The clo- nally, tonight the other side gave us things going on around here since ture motion having been presented language on their alternative to Sen- Tuesday. It is not as if we have been under rule XXII, the Chair directs the ator CRAPO’s motion. sitting around staring in space. There clerk to read the motion. Senator CRAPO’s motion would en- has been good debate on the Senate The legislative clerk read as follows: sure that the bill does not raise taxes floor. It is just that we have amend- on the middle class. I understand that CLOTURE MOTION ments that would—if we move off the their alternative is sense-of-the-Senate We, the undersigned Senators, in accord- motion they have filed, it creates a ance with the provisions of rule XXII of the language on that subject. This consent procedural issue that we would have Standing Rules of the Senate, hereby move request now has us voting on two drug difficulty getting out of. That is why to bring to a close debate on the conference reimportation amendments from the they are wanting to do that. We have report to accompany H.R. 3288, the Transpor- other side—not one but two on the to clear the deck, continue offering tation, HUD, Related Agencies Appropria- Democratic side—one of which we just amendments, as we have. I think that tions Act for Fiscal Year 2010. received less than an hour ago and is is the right way to do it. Daniel K. Inouye, Al Franken, Jon Test- 100 pages long. er, Paul G. Kirk, Jr., Roland W. Burris, So, Mr. President, I object. We are prepared to return to the The PRESIDING OFFICER. Objec- Edward E. Kaufman, Jack Reed, Daniel health care bill and proceed to the two K. Akaka, Mark Begich, Patty Murray, tion is heard. Jeff Bingaman, Robert P. Casey, Jr., tax-related votes tonight. After those The Republican leader. Sherrod Brown, Thomas R. Carper, votes, I would suggest we continue to Mr. MCCONNELL. Mr. President, Byron L. Dorgan, Richard J. Durbin, work on the bill and other amend- could I just say, at the risk of being re- Harry Reid. ments. I assume there could be votes dundant—and I do not want to get into

VerDate Nov 24 2008 03:55 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.019 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12899 a spirited debate with my friend and Senate and specifically about provi- sure private businesspeople got paid by colleague over this—the facts are we sions on Cuba that have not passed the the regime because, otherwise, they were just handed a 100-page Lautenberg Senate and have not been subjected to would be left defaulted. amendment about an hour ago. I have debate by this body. These provisions The Castro regime has mastered the 39 Members here, all interested in that would undo current law where the Cas- art of making some European Govern- issue. It is simply impossible for me to tro regime would have to pay in ad- ments acquiesce to its every whim, clear voting on an amendment of 100 vance of shipment for goods being sold even if it means a free pass for its pages in duration that I just got an to them because of their terrible credit daunting repression. hour ago. history. So how do they do it? It is rather The reason I had suggested—and I Yes, Cuba’s credit history is horrible. simple. They give European countries a was hopeful that maybe it would be a The Paris Club of creditor nations re- choice: either you do what we say or good way forward—we vote on the cently announced that Cuba has failed we will freeze your nationals’ bank ac- Crapo amendment, which everybody to pay almost $30 billion in debt. counts and default on any debts. To understands has been out there since Among poor nations that is the worst me, that is also known as blackmail. Tuesday, and a sense-of-the-Senate res- credit record in the world. Let’s take Spain, for example. Re- olution that is fairly brief, I assume— So I ask: If the Cuban Government cently, European news services re- a very brief sense of the Senate that has put off paying those to whom it al- ported that Spain has begun a diplo- Senator BAUCUS was going to offer—is ready owes $30 billion, why does any- matic offensive to convince the Castro because both sides fully understand one think it would meet new financial regime to unblock nearly 266 million those two measures. They are not 100 obligations to American farmers? euros—or the equivalent of about 400 pages long and enormously com- Considering the serious economic cri- million United States dollars—in funds plicated. We did not just receive them. sis we are facing right now, we need to that have been frozen by the Castro re- So I do not want to get into an exten- focus on solutions for hard-working gime of over 300 Spanish companies in sive back and forth with the majority Americans, not subsidies for a brutal Cuba. These are Spanish companies leader, but I would say to him through dictatorship. We should evaluate how doing business in Cuba and now cannot the Chair, sincerely, it strikes me a to encourage the regime to allow a le- get access to their money. good way to just get started would be gitimate opening—not in terms of cell So what does the Spanish Govern- to vote on these two issues, the Crapo phones and hotel rooms that Cubans ment do? Not coincidentally, the Span- motion and the Baucus amendment cannot afford but in terms of the right ish Government announced that upon that both sides fully understand. to organize, the right to think and assuming the Presidency of the Euro- The PRESIDING OFFICER. The ma- speak what they believe. pean Union in 2010, it would enter into jority leader. However, what we are doing with this a new bilateral agreement with the Mr. REID. Mr. President, this is no omnibus bill is far from that evalua- Castro regime that would replace the sucker punch the Democrats have just tion, and the process by which these current European Union policy which leveled to the Republicans. This changes have been forced upon this contains diplomatic sanctions for amendment was previously offered by body is so deeply offensive to me and so human rights violations. Senator COCHRAN, a Republican, that deeply undemocratic that I have no in- The Castro regime had made it clear Senator LAUTENBERG is offering. This tention—no intention—of continuing to Spain that the current European is something people have known about to vote for Omnibus appropriations Union policy was an ‘‘insurmountable for a long time. So I understand people bills if they are going to jam foreign obstacle’’ to normal relations and, I may have forgotten what was in that. policy changes down throats of Mem- might add, for Spanish nationals and They can have the evening to look it bers in what some consider ‘‘must- companies to get their money back. over. But I will renew my request to- pass’’ bills. Therefore, the Spanish Government morrow. We are ready to legislate. I am putting my colleagues on no- immediately responded to what I con- The PRESIDING OFFICER. The Re- tice: You may have the wherewithal to sider to be blackmail. publican leader. do that because you have a committee On a recent visit to Cuba, Spain’s Mr. MCCONNELL. Mr. President, I perch or an opportunity to stick some- Foreign Minister, Miguel Angle guess I will have to prolong it just a thing in that has not been debated on Moratinos, met for 3 hours with Raul little bit further. the floor of the Senate in what you Castro. He did not get one concession— I just learned something from the think is a must-pass bill, but do not ex- not one—on human rights. But he did majority leader, that in fact this is an pect me to cast critical votes to pass get $300 million that Cuba owed to amendment that has been around be- that bill. Spanish companies that do business in- fore. We just learned that from his An example of the danger of what we side of Cuba. comments, having just received it a are doing by changing the definition Is that what the United States of short time ago. Nevertheless, we will that is now being changed in this omni- America intends to do? So the lesson for dictators is, go continue to talk and see if we cannot bus bill of what we call ‘‘cash in ad- ahead and freeze the bank accounts of move forward and make progress and vance’’ is exhibited by a Europapress other countries’ companies and create give both sides votes they are clearly report. I want to quote from that press debt you do not intend to pay for and interested in having. report: ‘‘During a trade fair this month you get a free pass for repression. The PRESIDING OFFICER. The ma- in Havana, Germany’s Ambassador to Look at another article. A recent jority leader. Cuba, Claude Robert Ellner, told Ger- Reuters article highlights that Cuba Mr. REID. Mr. President, I appreciate man businessmen that Cuba’s debt to continues to block access to foreign the attitude of the Republican leader. I the German government had been for- business bank accounts. Let me quote think it is fair to have a chance to look given’’—forgiven—‘‘in the hopes that from that article: at that amendment. We will be here in Cuba will meet its debt obligations to the morning and try to work through them’’—meaning to the businessmen. Many foreign suppliers and investors in Cuba are still unable to repatriate hundreds this. In other words, German taxpayers of millions of dollars from local accounts al- The PRESIDING OFFICER. The Sen- will now be responsible for bailing out most a year after Cuban authorities blocked ator from New Jersey. its private sector and, by implication, them because of the financial crisis, foreign Mr. MENENDEZ. Mr. President, what the Castro regime. diplomats and businessmen said. is the pending business before the Sen- Thanks to the U.S. policy we have It goes on to say in the article: ate? had up to now, of requiring the Castro The businessmen, who asked not to be The PRESIDING OFFICER. The om- regime to pay ‘‘cash in advance’’ for its identified— nibus conference report. purchases of agricultural products, Because they are fearful if they are— Mr. MENENDEZ. Thank you, Mr. U.S. taxpayers could rest assured that said they were increasingly frustrated be- President. the same would not happen to them— cause the Communist authorities refused to Mr. President, I rise to speak about that we would not have to forgive any offer explanations or solutions for the situa- the omnibus conference bill before the debt or obligations in order to make tion, which stems from a cash crunch in the

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.079 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12900 CONGRESSIONAL RECORD — SENATE December 10, 2009 Cuban economy triggered by the global dom on its jails full of political pris- the regime that ultimately gives them downturn and heavy hurricane damage last oners. They advocate for labor rights the state security forces that throw year. in the United States, but they are will- people such as Antunez in jail. This is a quote from one of those peo- ing to accept forced labor inside of Let me read an open letter that just ple. He says: Cuba. They talk about democracy in came out by Mr. Antunez that was sent I have repeatedly e-mailed, visited the of- Burma, but they are willing to sip the to Cuba’s dictator Raul Castro. I am fices and sent my representative to the of- rum with Cuba’s dictators. going to quote from an English trans- fices of a company I did business with for Which takes me to a place in Cuba lation. years and which owes me money, and they called Placetas. Placetas is a city in It says: simply refuse to talk to me. the Villa Clara Province in the center Mr. Raul Castro— That is what a Canadian businessman of Cuba, in the heart of the island, in This is Mr. Antunez speaking now— told Reuters. the center of Cuba. In other words, it is The article goes on: My name is Jorge Luis Garcia Perez not a beachside resort frequented by Antunez—a former political prisoner—and I Delegations from foreign banks and inves- Canadian and European tourists. am writing to you again not because I pre- tor funds holding commercial paper from Placetas is also the home of this cou- tend to make you aware of something that, Cuba’s State banks have repeatedly traveled ple. It is the home of Cuban political far from alien, is commonplace in Cuba due to Cuba this year seeking answers from the prisoner and prodemocracy leader to the nature and politics of your govern- Central Bank or other authorities—without Jorge Luis Garcia Perez Antunez, gen- ment. For several months now my spouse success. Yris Tamara Perez Aguilera and I find our- Representatives of some companies with erally known as Antunez. On March 15 of 1990, a then-25-year-old Antunez selves under forced house arrest by your po- investment or joint ventures on the island litical police. The week before the Juanes say they were bracing for the possibility of stood at the center square of Placetas concert— not being able to repatriate year-end divi- listening to the government’s official That is the concert of the famous Co- dends paid to their accounts in Cuba. radio transmission calling for the lombian singer Juanes— Now, let’s remember that some 90 Fourth Congress of the Communist percent of the country’s economic ac- Party. He spontaneously began to a high ranking State security official upon arresting me informed me that there had tivity is in the regime’s hands, in the shout: ‘‘What we want and what we been an order for my arrest throughout the state’s hands. need are reforms like the ones per- island of Cuba, wherever I might be found. Foreign economic attache´s and commer- formed in Eastern Europe.’’ Imme- He emphasized that they were going to be cial representatives in Cuba said most of diately, he was beaten by state secu- watching every step I take. Since that date their nationals doing business with the Car- rity agents, charged with ‘‘oral enemy I have lost count of how many times I have ibbean island still face payment problems. propaganda,’’ and imprisoned. That been arrested, the majority of times with vi- That is all from that article. These would begin a 17-year prison term, olence. are all those who are doing business which is about half of his current life Mr. Dictator—allow me a few questions that may help you clarify some doubts with Cuba now finding themselves and that he spent in prison. His crime? amongst those compatriots of mine who are their money trapped. Saying: We need the types of changes hopeful that your government would dimin- Last week, the Russian Federation’s that took place in Eastern Europe. For ish repression or that even Democratic open- Audit Chamber revealed that the that, 17 years in prison. He was not re- ings could be made. Cuban regime failed on three occasions leased until 2007. He is now 45 years He poses this question: to pay installments on the equivalent old, hopefully with an entire life ahead With what right do the authorities, with- of $355 million in a credit deal it signed of him. out a prior crime being committed, detain with Russia in September of 2006. That The Castro regime would love for Mr. and impede the free movement of their citi- is just the latest episode in a saga that Antunez and his wife, who is also a pro- zens in violation of a universally recognized in 2009 alone includes, first, reports by democracy activist—this says in Span- right? What feelings could move a man like Mexico’s La Jornada and Spain’s El ish, ‘‘we are all the resistance’’ and Captain Idel Gonzalez Morfi to beat my wife, Pais newspapers that hundreds of for- ‘‘long live human rights.’’ They would a defenseless woman, so brutally, causing love for him to leave the island perma- lasting effects to her bones for the sole act of eign companies that transact business arriving at a radio station to denounce with with the Cuban regime’s authorities nently, but he refuses to do so. He has evidence the torture that her brother re- have had their accounts frozen—fro- decided to stay in Cuba and demand ceived in a Cuban prison. Or is it that for you zen—since January of 2009 by the re- that the human and civil rights of the there are only five families that exist in our gime-owned bank that is solely empow- Cuban people be respected. For this, he country that have the right to protest and ered to conduct commercial banking has been rearrested over 30 times since demand justice for their jailed relatives? operations in that country. 2007. Should you not be ashamed that your cor- Second, a June 9, 2009, Reuters arti- Last week, at that same center in pulent police officers remain stationed for days at the corner of my home to impede us cle said: that small town of Placetas where he had been originally arrested simply for from leaving our house and monitoring our Cuba has rolled over 200 million Euros in movements in our own city? bond issues that were due in May, as the saying that: What we need is a change Where is the professionalism and ethics of country’s central bank asked for another as we saw in Eastern Europe, Antunez your subordinates that with their ridiculous year to repay foreign holders of the debt, fi- and other local prodemocracy leaders operations provoke the mockery of the popu- nancial sources in London and Havana said gathered to honor Cuba’s current polit- lace towards these persons on almost a daily this week. ical prisoners, people who simply, basis? How do you feel when you encourage Those are direct quotes from those through peaceful means, try to create or allow these persons who call themselves articles. changes for democracy and human men to beat and drag women through the As a reminder, in Castro’s Cuba, you rights inside of their country and get streets such as: Damaris Moya Portieles, Marta Diaz, Ana Alfonso Arteaga, Sara can only do business with the regime arrested and languish in jail. Marta Fonseca, Yris Perez, and most re- because private business activity is Antunez and his colleagues were not cently— strictly restricted. ‘‘educated’’ on the importance of The well-known blogger, Yoani So the real reason so many whose human rights and civil disobedience by Sanchez. I am adding for the record work is often subsidized by business in- foreign tourists, as some of my col- ‘‘the well-known blogger.’’ He doesn’t terests advocate Cuba policy changes is leagues suggest would happen—that we say that, but she is a well-known about money and commerce, not about need to send foreign tourists to educate blogger, internationally known, re- freedom and democracy. It makes me the Cubans about human rights and cently beaten simply as she was trying wonder why those who spend hours and civil disobedience. He and all of those to go to a place of civil disobedience. hours in Havana listening to Castro’s who are languishing in Castro’s jails soliloquies cannot find minutes—min- understand about human rights and How can you and your subordinates sleep calmly after deliberately and maliciously utes—for human rights and democracy civil disobedience in a way to try to physically knocking down on more than one activists. It makes me wonder why capture your rights. Unwittingly, occasion Idania Yanez Contreras who is sev- those who go and enjoy the Sun of though, foreign tourists have financed eral months pregnant? How can you and your Cuba will not shine the light of free- their repression. They give money to government speak about the battle of ideas

VerDate Nov 24 2008 03:55 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.080 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12901 when you are constantly repressing ideas The PRESIDING OFFICER. The Sen- the road and it came time to try to make through beatings, arrests, and years of incar- ator from Iowa is recognized. some decisions, they left and began to at- ceration? Mr. GRASSLEY. Mr. President, I tack—and began to attack. Maybe your followers cannot find or even don’t rise to add to what the Senator I wish to take a few minutes to re- attempt to find a response. However, I find spond to these remarks that I read. It myself in the long list of persons that are from New Jersey said. I just wish to not afraid to respond. take this opportunity to tell him I was asserted, through these remarks You act this way because you are a cruel agree with him, and I appreciate his on the floor, that some Republicans in man, and insensible to the pain and suffering leadership on this issue over several the so-called Gang of 6 were directed by of others. You act this way because you are years—even the years before he came the Senate Republican leadership to faithful to your anti Democratic and dictato- to the Senate. cease participating in bipartisan talks. rial vocation, because you are convinced Often, I am asked in my State, be- The Gang of 6 referred to the six bipar- that dictatorships like the one you preside cause we can export so much agricul- tisan members of the Senate Finance over can only be maintained through terror Committee. On the Democratic side, and torture, and because the most minimal tural stuff, if I would vote to open opening can lead to the loss of the one thing trade with Cuba. I said I am willing to the members were my friends, three that you are interested in—which is main- open trade for Cuba when they give po- chairmen, including Senator BAUCUS, taining yourself in power. litical freedom and economic freedom Budget Committee chairman; Senator Lastly, returning to my case in particular, to the people of that country because CONRAD; and Energy Committee chair- I will respond without even asking you be- this dictator has run Cuba into the man, Senator BINGAMAN. All are senior forehand the concrete motives of your con- most impoverished country in the members of the Democratic Caucus. On tinued repression against my person. Your world. Before he took over, they had a the Republican side, the three members government and your servants in the repres- included Senator SNOWE, ranking mem- sive corps cannot forgive my two biggest and very viable middle class and they were only ‘‘crimes.’’ First, that despite almost a prosperous country. ber of the Small Business Committee; two decades of torture and cruel and inhu- I stand ready to help the Senator on Senator ENZI, ranking member of the man punishment during my unjust and se- what he is trying to do in that area. Health, Education, Labor, and Pen- vere sanction, you could not break my dig- Mr. MENENDEZ. If the Senator will sions Committee; and this Senator. nity and my position as a political prisoner. yield, I thank the distinguished Sen- Senators SNOWE and ENZI are senior And second, because even though I am ac- ator from Iowa for his comments and Members of the Republican caucus. costed and brutalized and above all risk re- for the position he has taken over a Chairman BAUCUS convened this turning to prison, I have taken the decision long period of time. It may not be the working group with a singular goal of a not to leave my country in which I will con- bipartisan health care reform bill. We tinue struggling for a change that I believe easiest, but I believe it is the one that is both necessary and inevitable. is morally correct. Most important, on met for several weeks up in the Mon- that day—which I believe is sooner tana Room of Chairman BAUCUS’s of- The letter is signed: From Placetas, rather than later—in which Cubans are fice. I would agree with the way par- Jorge Luis Garcia Perez Antunez, De- free, they will remember who stood ticipating Members have described cember 2009. with them in the midst of this. That these discussions. They were well in- This is the voice of those who lan- will make all the difference in the formed, thoughtful, provocative, chal- guish under Castro’s brutal dictator- world. I thank the Senator. lenging, and frustrating all at the same ship. As you can see, Mr. Antunez is an Mr. GRASSLEY. Mr. President, I time. But I would say that in the Afro-Cuban, not part of the White elite come to the floor at this point to give months we negotiated, there was never of the regime’s dictatorship; not what some breadth to a statement that was once that anyone walked away from the regime tells the world, that Cubans made on the floor earlier today. It was the table. There was never once that who are all White seek to oppose the made by my friend, Senator BAUCUS. I there were any harsh words. dictatorship. Most of the movement for don’t take offense to what he said be- While we were engaged in those dis- democracy inside of Cuba are Afro-Cu- cause I sensed a great deal of frustra- cussions, there was constant pressure bans. Inside of Cuba, they are subjected tion in his statement. I will read what from folks outside the room for us to to a citizenship status that is less than he said so you know what I am react- reach a quick deal. That pressure came any human being should be subjected ing to. The reason I don’t take offense from the White House, it came from to. to what he said is because he and I the Democratic leadership, it came Antunez’s voice rings in my head. It have worked so closely together over 10 from advocacy groups outside, and it tugs at my conscience. years, with one or the other of us being came from many media folks covering His words: chairman of the Finance Committee, the day-by-day meetings. To be fair, Despite almost two decades of torture and that we have such an understanding of the Senate Republican leadership was cruel and inhuman punishment during my very concerned about some of the di- unjust and severe sanction, you could not each other. break my dignity and my position as a polit- Just prior to the remarks I am going rections the policy discussions were ical prisoner, because even though I am ac- to read, he had spoken positively about taking in the Gang of 6. That concern costed and brutalized and above all risk re- Senator ENZI and me. So I want my grew, particularly after the very par- turning to prison, I have taken the decision colleagues to know this statement is tisan HELP Committee markup oc- not to leave my country in which I will con- not made out of anger that I am going curred. Senator HATCH left the original tinue struggling for a change I believe is to give a rebuttal to. Gang of 7 because of the character and both necessary and inevitable. Well, we kept working bipartisan—working result of the HELP Committee mark- Antunez is right. Change in Cuba is together, for days and days, hours and hours, up. inevitable, but the United States needs and then, fortunately, Mr. President, it got Most important, the Senate Repub- to be a catalyst of that change. It does to the point where I’m just calling it as I see lican leadership was concerned that a not need to be a sustainer of that dic- it. I can’t—I—one of my feelings is I’m too bipartisan Finance Committee bill tatorship. It does not need to create an honest about things. And it’s—the Repub- would be co-opted into a partisan floor infusion of money that only goes to a licans started to walk away. They pulled bill, when the Democratic leadership away from the table. They had to leave. regime that ultimately uses it not to I ask you why? Why did that happen? And merged the bills. Senators SNOWE, put more food on the plates of Cuban the answer is, to be totally fair and above ENZI, and I anticipated that concern. families but to arrest and brutalize board, is—and above board, is because their To be fair to Senator BAUCUS, as he people such as Mr. Antunez. leadership asked them to. Their leadership was negotiating with us, he tried to These are the human rights activists asked them to become disengaged from the convince us that we would be very on whom some would turn their backs process. I know that to be a fact. Why did much a part of those merging of the for the sake of doing business. I guess their leadership ask Republicans to leave bills. He offered that in good faith. I the only thing they can see is the color and become disengaged from the process? To believe him. I even believe him today be totally candid, they wanted to score polit- of money. Well, not me, not now, and ical points by just attacking this bill. They saying that. But seeing how neither not ever. were not here to help—help be constructive, the HELP Committee nor the Finance Thank you, Mr. President. With that, to find bipartisan solutions. They were for a Committee was as involved as they I yield the floor. while, then when the rubber started to meet should have been in what Senator REID

VerDate Nov 24 2008 02:08 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.082 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12902 CONGRESSIONAL RECORD — SENATE December 10, 2009 put together in this 2,074-page bill, I There being no objection, the mate- double efforts toward ‘‘bipartisan health- wonder whether Senator BAUCUS could rial was ordered to be printed in the care reform.’’ Robert Zirkelbach, spokesman have, if we had a bipartisan agreement, RECORD, as follows: for America’s Health Insurance Plans, de- fended his industry, saying it had already actually carried out that guarantee. [From the Washington Post, Aug. 3, 2009] From the get-go, we Republican proposed many of the changes that Congress DEMOCRATS FIND RALLYING POINTS ON is seeking, including those involving pre-ex- members of the Gang of 6, to make sure HEALTH REFORM, BUT SPLINTERS REMAIN isting conditions and ratings based on health we were a part of the process that I de- (By Shailagh Murray and Paul Kane) status and gender. scribed, as Senator BAUCUS told us we Despite the sparring, House and Senate would be, asked for assurances from Democrats leave town for the August re- cess with frayed nerves and fragile agree- Democrats and three GOP Senate nego- the White House and from the Senate ments on health-care reform, and a new bo- tiators have reached broad consensus on the Democratic leadership on the next step geyman to fire up their constituents: the in- outlines of reform. Lawmakers generally in the legislative process, if we, in fact, surance industry. agree that individuals must be required to did arrive at a bipartisan agreement. With the House already gone and the Sen- buy health insurance, that Medicaid should I also found that many in the broader ate set to clear out by Friday, the terms of be significantly expanded, and that tax in- group of Republicans, who provided the the recess battle are becoming clear. Repub- creases, in some form, will be required. The licans will assail the government coverage final bill also could bring about some of the bipartisan glue for the CHIP bill of most significant changes to Medicare since 2008, had similar concerns. All Repub- plan that Democrats and President Obama are advocating as a recklessly expensive fed- the program was created in 1965. licans had process concerns, such as But the rebellion from fiscal conservatives eral takeover of health care. And Democrats where would it go once it left the Sen- on the Energy and Commerce Committee will counter that GOP opposition represents last week served as a political wake-up call ate Finance Committee. a de facto endorsement of insurance industry for Democratic leaders. With enough votes We wanted assurances, and here is abuses. on the panel and on the floor to sink reform what we wanted. The assurances re- ‘‘We know what we’re up against,’’ House legislation, the Blue Dog Coalition forced quested boiled down to a good-faith Speaker Nancy Pelosi (Calif.) told reporters Pelosi and Emanuel into concessions that promise that the bipartisan Finance on Friday. ‘‘Carpet-bombing, slash and burn, made the government plan similar to private shock and awe—anything you want to say to Committee health care bill would not health insurance, sparking a new fight with describe what the insurance companies will morph into a partisan health care re- House liberals. do to hold on to their special advantage.’’ form bill when Majority Leader REID Sensing that the Blue Dogs had dug in for Although Pelosi won a significant victory merged the two committee bills. We a prolonged fight, Pelosi and Emanuel gave last week when the Energy and Commerce in to most demands in order to get the legis- wanted to make sure the bipartisan Committee approved the House bill, setting lation moving again. They essentially de- character of a bipartisan Finance Com- up a floor debate after Labor Day, conserv- cided that it was better to pick a fight with mittee bill was going to be retained ative Democrats were able to demand that their liberal flank, where Pelosi remains through these next steps. To do other- negotiators weaken the government-plan popular and where loyalty to Obama is provision. The uprising, which lasted for sev- wise would be akin to getting on a bus strongest, particularly in the Congressional eral days, suggested that the public option is and not knowing where the bus was Black Caucus. going or how much the bus ticket growing increasingly vulnerable even as a Despite threats from almost 60 progressive would cost. Assurances were also re- consensus forms around other reform poli- House Democrats—who outnumber the Blue quested with respect to a conference cies. Dogs—Pelosi defended the compromise, say- Republican leaders have pledged to use ing it was similar to one backed by Sen. Ed- between the House and Senate. The as- town halls, ads and other forums to intensify surances were similar to assurances re- ward M. Kennedy (D–Mass.). Pelosi predicted their assault on the Democratic-led reform that the liberal wing would fall in line be- quested by Senator REID and made by effort. ‘‘I think it’s safe to say that, over the the then-majority Republican leader- cause the legislation is so important to August recess, as more Americans learn them. ship during the period of 2005 and 2006. more about [Democrats’] plan, they’re likely ‘‘Are you asking me, ‘Are the progressives The Democratic minority leader, at to have a very, very hot summer,’’ House Mi- going to take down universal, quality, af- that time, made these assurances a nority Leader John A. Boehner (R–Ohio) fordable health care for all Americans?’ I condition to letting major regular said. don’t think so,’’ Pelosi told reporters Friday, order Finance Committee bills even go In the Senate, a bipartisan coalition of Fi- breaking into laughter at the question. nance Committee lawmakers is backing a Just as troublesome as the internal House to conference. member-run cooperative model as an alter- As an example, take a look at the divisions is the burgeoning distrust among native to the public option. But Republicans House Democrats, their Senate counterparts CONGRESSIONAL RECORD, and you will are beginning to push back against that co- and the White House. see the assurances made by then-Ma- operative approach, too. Pelosi acknowledged that ‘‘there are con- jority Leader Frist to then-Minority The latest critic is Sen. John McCain (R– cerns’’ in her caucus that the White House, Leader REID. These requests were made Ariz.), who on Sunday compared insurance namely their former colleague Emanuel, repeatedly to the Democratic leader- co-ops to Fannie Mae and Freddie Mac, the takes House Democrats for granted. House ship, publicly and privately, about how government-backed mortgage giants that lawmakers are being encouraged to pass the the postcommittee action of the bipar- played prominent roles in the housing crisis. most liberal bill possible, she said, while the ‘‘I have not seen a public option that, in my tisan group would be handled in the White House works on a bipartisan com- view, meets the test of what would really not promise with a select group of senators. merger with the HELP Committee bill. eventually lead to a government takeover,’’ ‘‘It’s no secret,’’ Pelosi said, ‘‘that mem- It was a focus of a July 8 lunchtime, McCain said on CNN’s ‘‘State of the Union.’’ bers sometimes think: ‘Why do I always read face-to-face meeting at the majority Pelosi and other Democrats have coun- in the paper that they’re checking with the leader’s office, with Senators REID, tered that Republicans are seeking to pro- Finance Committee all the time? What does BAUCUS, CONRAD, BINGAMAN, SNOWE, tect a health insurance industry that is their that mean, that they just want to know ENZI, and myself. The bottom-line re- business ally, not so much from a govern- what’s happened with the Finance Com- sponse from Senator REID at that ment insurance option, but from the broad mittee? What about the [Senate health] com- meeting was he needed 60 votes. industry reforms that enjoy public support, mittee? What about our committees over I guess, the implication was, despite including the elimination of coverage caps here?’ ’’ and the practice of denying coverage to The six Senate Finance Committee nego- the fact that the Democratic caucus those with pre-existing conditions. The tiators have burrowed in for another six contained 60 members then and now, White House also wants to steer the debate weeks of talks, having set a Sept. 15 deadline Senator REID didn’t think it was pos- toward insurance reform, as it is easier to di- for producing a bill. The group includes an sible to secure the votes of all members gest than long-term cost control, which is array of small-state senators with little na- of his caucus. A restatement of the re- another chief objective. tional prominence who have proven surpris- ality of the Senate rules was not the ‘‘How you regulate the insurance industry ingly resistant to pressure from their party assurances the three Republican Sen- is as important to health-care reform as con- leaders and the White House. ators—this one included—sought from trolling costs,’’ said White House Chief of Although the House bill and the Senate Staff Rahm Emanuel. The public plan, he Health Committee version have attracted no Senator REID. said, is one of an array of measures intended Republican support, the Senate Finance Senator REID, himself, recognized the to change industry behavior. Committee coalition includes Sens. Mike validity of this request in an August 8 As the rhetoric against the industry heat- Enzi (Wyo.) and Charles Grassley (Iowa), Washington Post article. I ask unani- ed up, the leading insurance trade group both Republicans, along with moderate GOP mous consent to have that article issued a statement Thursday calling for law- Sen. Olympia Snowe (Maine). And the lead printed in the RECORD. makers to cool down their criticisms and re- Democratic negotiator, Finance Committee

VerDate Nov 24 2008 02:20 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.083 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 10, 2009 CONGRESSIONAL RECORD — SENATE S12903 Chairman Max Baucus (Mont.), is a moderate September 15 for the bipartisan Gang Even today, the pending motion from who has broken with his party on numerous of 6 to produce a proposal. If the pro- this side of the aisle puts the question bills co-authored with Grassley. posal were not available by then, the to the Senate this way: Take the bill The closer these negotiators move to strik- ing a deal, the more fraught the discussions President and Senate Democratic lead- back to the Finance Committee. become by issues of trust and political will. ership made it clear the plug would be As the old saying goes, hindsight is Among Republicans, the pressure is espe- pulled on further bipartisan talks. 20/20. As I look back on the process, I cially acute. All three GOP senators fear I point that out because that is very make these observations: There was an they will be sidelined once the bill is ap- significant. A powerful member of the uncanny disconnect between those in- proved at the committee level, with their Senate Democratic leadership, the sen- side and outside the room. Many on the names invoked to demonstrate bipartisan- ior Senator from New York, made it outside, mainly from the left side of ship even as they’re left with no say over the crystal clear the Senate Democratic the political spectrum, seemed to want final product as it is meshed with the Senate leadership would pull the plug. That health panel’s version and then ultimately a reform deal just to have a deal. They with the House bill. member, who is very smart and articu- did not seem to be that curious about For Republicans, a prime concern is that late, made it as transparent as possible the contents. Perhaps for some of those Senate Majority Leader Harry Reid (Nev.) that the September 15 deadline was folks, it was a bit of an imperative to will abandon the Finance Committee bill and more important than a bipartisan deal. draw on the good will that any Presi- force legislation to the Senate floor using I ask you to go back and look at the dent has in the first few months of of- budget rules that would protect against a media reports. The Gang of 6 was un- fice. Republican filibuster. Even advocates con- able to reach a deal on contentious For those of us in the room—meaning cede that the option is highly risky and that issues such as abortion, the individual it would vastly limit the policy scope of the the room where the negotiations were bill. For instance, Senate budget experts say mandate, and financing issues by White going on—there was a realization that most insurance reforms would have to be House/Democratic leadership’s dead- we were tackling, as Chairman BAUCUS sidelined. line. has described it, an extremely complex Treasury Secretary Timothy F. Geithner Chairman BAUCUS had to move for- set of issues. We learned very quickly said Sunday that the administration would ward. I respect the pressure my friend that closing the loop on the policy consider all options. ‘‘Ideally, you want to do from Montana was under. I have been this with as broad a base of consensus as pos- issues, let alone finding political con- there myself. But the record needs to sensus, was not easy. sible,’’ he said in an interview on ABC’s be correctly made that the September ‘‘This Week.’’ ‘‘But people on the Hill are The pressure to close a deal by the 15 deadline was not a Republican dead- going to have to make that choice: Do they July 4 recess was overwhelming. My line. It was a deadline imposed by the want to help shape this and be part of it, or friend, the chairman, wisely pushed White House and the Senate Demo- do they want this country, the United States back and said we would get a deal when of America, to go another several decades cratic leadership. I might say that we reached a bipartisan deal. The [without reform]?’’ wasn’t just the GOP deadline—it Group of 6 was unable to reach a deal Reid said he already provided the Repub- wasn’t a deadline for the Gang of 6 ei- on contentious issues such as abortion, licans with some assurances, and added, ‘‘I’ll ther. I didn’t sense, from the three do more if necessary.’’ He said of GOP con- individual mandate, and financing Democratic members, that they agreed cerns, ‘‘I don’t blame them.’’ And he added issues faced by the White House-Demo- with that. that, considering the political realities of cratic leadership deadline. Chairman So the Senate Democratic leadership the Senate, with its large number of mod- BAUCUS had to move. In my heart, I pulled the plug on the talks. Again, go erate Democrats, health-care reform would feel he would rather not have had that have to gain significant bipartisan support check the public comments and press sort of pressure or make that decision. to cross the finish line. reports. They pulled the plug. Senator But that was not our deadline. It was a ‘‘I sure hope we can get a bipartisan bill; it ENZI and I could not agree to the prod- deadline imposed by the White House makes it easier for me to go home,’’ mod- uct at that point because of sub- erate Sen. Mary Landrieu (D–La.) told the and the Senate Democratic leadership. stantive issues that were resolved Democratic caucus last week, according to They pulled the plug on the talks. Go against us and the failure of the White Reid. check the public comments and the House or Senate Democratic leadership ‘‘We all feel that way,’’ Reid added. press reports. They pulled the plug. to deliver on those process assurances Mr. GRASSLEY. Mr. President, I will Senator ENZI and I could not agree to a that we asked for. quote, in part, from the article: product at that point because of the The closer these negotiators move to strik- Senator SNOWE did have substantive issues resolved sufficiently at the Fi- substantive issues that were very much ing a deal, the more fraught the discussions involved. become by issues of trust and political will. nance Committee markup so that she Among Republicans, the pressure is espe- could support the bill. I want to make it very clear, for this cially acute. All three GOP senators fear I might note today that I heard Sen- Senator, of the three Republicans who they will be sidelined once the bill is ap- ator SNOWE caution the Democrats as were negotiating, kind of in summary, proved at the committee level, with their she gave them the boost from her vote that the Republican leadership, I names invoked to demonstrate bipartisan- in the Finance Committee—that was think, had questions about a lot of ship even as they’re left with no say over the right after the bill passed—she made it things that were going on in those ne- final product as it is meshed with the Senate gotiations. But never once did Senator health panel’s version and then ultimately clear that her vote for later stages MCCONNELL, my leader, say to me: Get with the House bill. would depend in part on data on the out of there. Republicans were also worried that key question of whether the product That is the impression that was left the bipartisan product could be lifted makes health care more affordable. Her this morning. into a partisan reconciliation bill. I letter to CBO dated December 3 lays quote further from that same Post ar- out the issues in precision. I can only say that I think I have es- ticle: At the next stage of the process, the tablished a reputation in the Senate, merged-bill stage, all of the Senate Re- particularly while I was chairman of Reid said he already provided the Repub- licans with some assurances, and added, ‘‘I’ll publicans’ worst fears were confirmed, the Senate Finance Committee, that I do more if necessary.’’ but it was especially telling to Senator did not listen to either the White Continuing to quote from the Post ENZI and me. My sense is Senator House or people in leadership nec- article: SNOWE appreciated it more than any essarily when I thought a bipartisan other member of our conference. The compromise was the only way to get He said of GOP concerns, ‘‘I don’t blame them.’’ And he added that, considering the bottom line was that the majority things done. I suppose there is a whole political realities of the Senate, with its leader’s merged bill was constructed in long list of things that I ought to write large number of moderate Democrats, such a partisan way that Senator down before I make this statement, but health-care reform would have to gain sig- SNOWE’s input was cast aside. I can only think of two or three right nificant bipartisan support to cross the fin- Let’s be clear. Senate Republicans now that I can be sure of that I can say ish line. did not set deadlines. Senate Repub- in an intellectually honest way that I President Obama and the Senate licans did not threaten to go their own stood up to the Bush White House when Democratic leadership set a deadline of way if the deadlines were not met. I was chairman of the committee.

VerDate Nov 24 2008 02:20 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.025 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE S12904 CONGRESSIONAL RECORD — SENATE December 10, 2009 They came out immediately for a $1.7 We worked for a long period of time, proceed to a period of morning busi- trillion tax cut in 2001. I made a deci- thinking we could have something bi- ness, with Senators permitted to speak sion early on that it was not good for partisan. But it did not work out that for up to 10 minutes each. the economy and it was not politically way, and now we are at a point where The PRESIDING OFFICER. Without possible. So we passed a much smaller, we have a partisan bill. objection, it is so ordered. in a bipartisan way, tax bill for that That is not the way you should han- f dle an issue such as health care reform. year. And yet it was the biggest tax cut DNA SAMPLING in the history of the country. Just think of the word ‘‘health,’’ In 2003, when the White House and ‘‘health care.’’ It deals with the life Mr. KYL. Mr. President, I ask unani- House Republicans in the majority at and death of 306 million Americans. mous consent that the following letter, that time said we had to have a $700 Just think, you are restructuring one- which consists of my May 19, 2008, com- billion tax cut in addition to the tax sixth of the economy. ments on proposed Federal regulations cut that was passed in 2001, there were Senator BAUCUS and I started out in governing the collection of DNA sam- not votes in the Senate among just Re- January and February saying to every- ples from Federal arrestees and illegal- publicans to get it done. To secure the body we met, every group we talked to, immigrant deportees, be printed in the votes to get it done, we had to limit it that something this momentous ought RECORD. to half that amount of money, or just to be passing with 75 or 80 votes, not There being no objection, the mate- a little bit more than half that amount just 60 votes. Maybe one of the times rial was ordered to be printed in the of money. And in order to get those the White House decided to pull the RECORD, as follows: votes, contrary to the $700 billion tax plug on September 15 may have come U.S. SENATE, cut that the Bush White House wanted on August 5 when the Group of 6 had Washington, DC, May 19, 2008. and the House Republicans wanted that our last meeting with President Re OAG Docket Number 119 we could not get through here, I said I Obama. He was the only one from the Mr. DAVID J. KARP, will not come out of conference with a White House there and the six of us. It Senior Counsel, Office of Legal Policy, Main was a very casual discussion. Justice Building, Pennsylvania Avenue, tax cut more than that amount of NW., Washington, DC. roughly $300 billion. I said this before so I am not saying something that has not been said. But DEAR MR. KARP: I am writing to comment We got that done by just the bare on the Justice Department’s April 18, 2008, majority to get it done. But I stood up President Obama made one request of proposed regulation for implementing the to the White House, I stood up to the me and I asked him a question. For my DNA sample collection authority created by House Republican leadership who part, I said: You know, it would make section 1004 of the DNA Fingerprint Act, thought we should not be doing any- it a heck of a lot easier to get a bipar- Public Law 109–162, and by section 155 of the thing that was short of that full $700 tisan agreement if you would just say Adam Walsh Act, Public Law 109–248. I am the legislative author of both of these provi- billion. you could sign a bill without a public option. That is no different than what sions. There have been other health care Allow me to note at the outset that I have bills very recently where I stood up I said to him on March 5 when I was reviewed the proposed regulations and have against the White House and against down at the White House, that the pub- concluded that they properly implement the our Republican leadership. lic option was a major impediment to authority created by the laws noted above. I I think I have developed a reputation getting a bipartisan agreement. Then do not recommend that you make any where I am going to do what is right he asked me would I be willing to be changes to the proposed regulations, as I be- for the State of Iowa and for our coun- one of three Republicans, along with lieve that they are consistent with the clear the rest of the Democrats, to provide 60 meaning and spirit of their underlying statu- try. And I am going to try to represent tory authorization. a Republican point of view as best I votes. My answer was upfront: No. As I The remainder of this letter first com- can, considering first the country and told him, you can clarify with Senator ments on the general privacy objections that my own constituency. BAUCUS sitting right here beside you, have been raised by other commenters with Then when it comes to whether peo- that 4 or 5 months before that, I told regard to the proposed regulations, and then ple in this body or outside of this body Senator BAUCUS: Don’t plan on three addresses several other criticisms and rec- might think that for the whole months Republicans providing the margin, that ommendations that are made in some of of May, June, and July, and through we were here to help get a broad-based those comments. August, with a couple meetings we had consensus, as Senator BAUCUS and I PRIVACY CONCERNS during the month of August, that we said early on this year, that something The most common criticism leveled were dragging our feet to kill a health this massive ought to pass with a wide against the proposed regulations by other commenters is that the proposed rules pose a care reform bill, I want to ask people if bipartisan majority. Mr. President, I yield the floor, and I threat to individual privacy. The general ar- they would think I wouldn’t have bet- gument made is that although fingerprints ter things to do with my time than to suggest the absence of a quorum. are routinely taken at arrest, DNA have 24 different meetings, one on one The PRESIDING OFFICER. The fingerprinting is not like ordinary with Chairman BAUCUS, or that I clerk will call the roll. fingerprinting because DNA has the poten- wouldn’t have more than something The bill clerk proceeded to call the tial to reveal medically sensitive or other else to do than have 31 meetings with roll. private information. This concern usually Mr. GRASSLEY. Mr. President, I ask the Group of 6. These were not just also is the basis for arguments that the pro- unanimous consent that the order for posed regulations are unconstitutional. short meetings. These were meetings the quorum call be rescinded. I think that the privacy concern is best ad- that lasted hours. There was another The PRESIDING OFFICER (Mr. BEN- dressed by explaining the legal framework group of people—GRASSLEY, BAUCUS, governing the operation of the National DNA NET). Without objection, it is so or- and others, sometimes that included Index System (NDIS) and the practical reali- dered. ties of DNA analysis. people from the HELP Committee and Mr. GRASSLEY. Mr. President, I the Budget Committee. But we had 25 A number of statutes prescribe privacy re- need to correct the RECORD. In the part strictions for use of DNA samples. See 42 meetings like that. I wonder if people of my statement where I refer to the U.S.C. 14132(b)(3), (c), 14133(b)–(c), 14135(b)(2), think we would just be meeting and July 8 meeting with Senator REID, it 14135e. In general, DNA information is treat- spending all those hours to make sure was only SNOWE, GRASSLEY, and ENZI, ed like other law-enforcement case file infor- that nothing happened around here. not the other Senators I named. So I mation—its dissemination is prohibited and subject to serious professional and even No. Every one of the 100 Senators in wish to correct that for the RECORD. this body, if you were to ask them, The PRESIDING OFFICER. Without criminal sanctions. In particular, section 14133(c) of title 42 provides that any person would suggest changes in health care objection, it is so ordered. that need to be made. Even in that who has access to individually identifiable The Senator from Illinois. DNA information in NDIS and knowingly 2,074-page bill, there are some things f discloses such information in an unauthor- that most conservative people in this MORNING BUSINESS ized manner may be fined up to $100,000, and country would think ought to be done. any person who accesses DNA information We all know to some extent some- Mr. DURBIN. Mr. President, I ask without authorization may be fined up to thing has to be done about this system. unanimous consent that the Senate $250,000 and imprisoned up to one year.

VerDate Nov 24 2008 03:55 Dec 11, 2009 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.085 S10DEPT1 tjames on DSKG8SOYB1PROD with SENATE