June 29, 2012 CONGRESSIONAL RECORD — SENATE S4735 (A) the application of such medical stand- we have reached will ensure that col- his health care bill didn’t raise taxes ards provides an appropriate and fair evalua- lege students who are already facing on the middle class, as he did again and tion of an individual’s qualifications; and enormous challenges in the Obama again and again. (B) the individual understands the basis for economy will not be paying higher in- Yesterday, the Court blew the Presi- determining medical qualifications. (c) ADVICE FROM PRIVATE SECTOR terest rates next month. dent’s cover. In a narrowly upheld case GROUPS.—The Administrator shall establish Students can’t wait for the President on one basis only—that the penalty as- a panel, which shall be comprised of rep- to get off the campaign trail and actu- sociated with the individual mandate is resentatives of relevant nonprofit and not- ally work with Congress to prevent a tax—the Court spoke. It said Con- for-profit general aviation pilot groups, avia- student loan interest rates from rising gress doesn’t have the constitutional tion medical examiners, and other qualified this year. So while the President con- authority to mandate insurance cov- medical experts, to advise the Administrator tinues to ignore the bipartisan pro- erage under the commerce clause. Con- in carrying out the goals of the assessment posals sent more than 3 weeks ago, gress doesn’t have the authority to required under this section. (d) FEDERAL AVIATION ADMINISTRATION RE- Senate Democrats dropped their de- mandate individual insurance coverage SPONSE.—Not later than 1 year after the mand for job-killing tax hikes and under the commerce clause, but it ob- issuance of the report by the Comptroller worked with Republicans to find solu- viously does have the power to tax. So General pursuant to subsection (a)(2), the tions. they upheld the central provision of Administrator shall take appropriate actions It is nice to finally see the Senate ac- the bill on the fact that the penalty for to respond to such report. tually work as the Senate used to. It failing to comply with it was a tax. The bill (S. 1335), as amended, was or- proves that if this body ignores the In the eyes of the Court, that is all dered to be engrossed for a third read- campaign attacks from the President the penalty tied to the individual man- ing, was read the third time, and and if our Democratic friends stop date ever was: a tax imposed by a passed. pushing job-killing tax hikes, we can Democratic Congress—without a single Mr. REID. I thank the Chair. actually get a lot done around here. I, Republican vote—primarily, interest- f once again, thank my colleagues for all ingly enough, on the middle class. It is their hard work on these important a tax on the middle class. Let’s be very SMALL BUSINESS JOBS AND TAX measures. clear about that. The tax connected to RELIEF ACT MOTION TO PRO- HEALTH CARE DECISION the individual mandate is not pri- CEED—Continued Mr. MCCONNELL. Mr. President, the marily a tax on the rich but on the RECOGNITION OF THE MINORITY LEADER most important issue brought to the middle-class Americans who will bear The ACTING PRESIDENT pro tem- front page in the last 2 days is the the brunt of it. pore. The Republican leader is recog- state of the new ObamaCare law. Listen to this, colleagues. According nized. Two and a half years ago, President to the CBO, at least 77 percent of the SURFACE TRANSPORTATION CONFERENCE Obama teamed up with Democrats people paying this tax will meet the REPORT right here in Congress to pass a health President’s own definition of the mid- Mr. MCCONNELL. Mr. President, I care bill they knew most Americans dle class; 77 percent of the people pay- will address two issues. I commend, in didn’t want. Americans have been very ing this tax will meet the President’s particular, the senior Senator from clear about what they thought of this own definition of the middle class. Oklahoma for the extraordinary work bill. So Democrats settled on a deeply Those who have to pay the tax will he has done to produce a transpor- dishonest sales pitch aimed at con- pay an average tax of $1,200. Even if tation bill that has significant reforms vincing them otherwise. they pay it every year, they still will in it. He has been tenacious and effec- Nearly every day since then, the not have insurance. tive. He has tugged on our sleeves and promises that formed the very heart of Yesterday’s decision turns the Presi- pointed out to us repeatedly the impor- that sales pitch have been exposed for dent’s campaign rhetoric on its head. tance of getting this job done. I con- the false promises they were. Those who will end up paying the gratulate him for an extraordinary ac- Americans were promised lower heaviest burden for not buying govern- complishment. health care costs. But, of course, they ment-mandated insurance are not With regard to the bill, the highway are going up. Americans were promised going to be the wealthiest Americans— conference report contains significant lower premiums, and they are going up. oh, no—but the very middle-class fami- reforms to the surface transportation Seniors were promised Medicare would lies the President claims to defend. program. Projects will now be com- be protected; it was raided to pay for a That is the truth the Court un- pleted in a more timely manner be- new entitlement instead. We were masked yesterday. cause, for the first time, there are hard promised it would create jobs; CBO pre- Most Americans thought the process deadlines on agencies to complete envi- dicts it will lead to 800,000 fewer jobs Democrats used to pass the health care ronmental reviews. because of ObamaCare. People were bill was unseemly, secretive, partisan, Also, States are given maximum promised they could keep the plans even antidemocratic. They also flexibility to use their transportation they liked; millions have now learned thought it was unconstitutional for the dollars the way they choose, rather they cannot. government to create commerce in than how Washington dictates. This For 2 years, the list of broken prom- order to regulate it—for the govern- bill is fully paid for with a package of ises has grown longer and longer and ment to create commerce in order to offsets mostly included in the Senate- longer. regulate it. passed highway bill. But yesterday morning, we got pow- All of that is still true. But what The conference report also contains erful confirmation of what may have many Americans may not have appre- important legislation to reform the Na- been the biggest deception of all. For ciated when this bill passed was how tional Flood Insurance Program and years, the President and his Demo- empty all of the promises were—how prevent the interest on college student cratic allies in Congress have sworn up completely empty all the promises loans from doubling. and down—sworn up and down—that were. And at the center of them all was The flood insurance bill is a model of failing to comply with the individual the claim that failing to buy health in- reform: It moves this long-failing pro- mandate did not result in a tax on indi- surance did not result in a tax. That gram closer to where it should be—the viduals or families. ‘‘It is not a tax,’’ was the central claim: Failing to buy private sector. These reforms actually they said. health insurance did not result in a cut subsidies, save the taxpayers The reason was obvious. If Americans tax. money, and greatly improve the pro- knew that failure to comply resulted in But the Court has now spoken: It is a gram’s financial position. It was nego- a tax hike, of course, the bill would tax—largely on the middle class. This tiated and reported out of committee never have passed. If our friends on the is just one more reason this law needs on a bipartisan basis. other side had conceded the obvious— to be repealed in its entirety. With On the student loan issue, Repub- that it was, in fact, a tax hike—we all every passing day we learn something licans and Democrats worked hard to know it never would have passed. The new about this terrible law. Not only find common ground. The agreement President would not be able to claim does it make the problems in our VerDate Mar 15 2010 06:54 Jun 30, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JN6.002 S29JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S4736 CONGRESSIONAL RECORD — SENATE June 29, 2012 health care system worse, it leads to a dated to expand to cover people below a person in a family with no income tax on middle-class families who are ei- poverty. Yesterday, the Supreme Court would be guaranteed nothing. When ther unable or unwilling to purchase ruled that mandatory expansion uncon- people below poverty, the people who health insurance. What a terrible idea. stitutional. can least afford coverage or the con- So it is time for Democrats to stop Writing for the majority, Chief Jus- sequence of not having coverage are trying to defend the indefensible and tice Roberts said: left with nothing, it sounds like failure join Republicans in wiping this colossal Nothing in our opinion precludes Congress to me.