Floor Statements

Madam Chair, I yield 1 hour of my time postcloture to Senator Sessions.

Mr. President, more than a year ago we witnessed the fatal New England Compounding Center meningitis outbreak. The Food and Drug Administration failed to pursue enforcement action against NECC, despite clear warning signs. Moreover, the Massachusetts Board of Pharmacy did not do its job. It failed to provide basic oversight. This inaction allowed a criminal compounder to operate with impunity--ending the lives of many Americans.

In contrast, the Arkansas Board of Pharmacy is competent and thorough. It does a great job. Arkansas regularly inspects all pharmacies. We are a small State, but we run a tight ship.

However, Arkansas has no way of knowing whether other State pharmacy boards are doing their job.

We need to take steps to protect patients from precarious, poorly inspected, out-of-State drugs. However, I want to make clear of something before we move on this legislation.

The practice of pharmacy, including pharmacy compounding, is a State issue. Nothing in this law changes that. Compounded drugs for office- use is a State issue. Nothing in this law changes that. Commonplace drug repackaging for drugs--like Avastin--is a State issue. I relied on compounders regularly when I practiced in a surgery center. Office-use compounding and repackaging is acceptable under Arkansas law. Nothing in this law changes that.

The omission of office-use from section 503(a) of the Food, Drug, and Cosmetic Act should not signal to the FDA that it has the authority to encroach upon State authority to regulate office-use. This is not the intent of the law, and I will closely monitor FDA implementation as this process moves forward.

If the State of Minnesota wants to prohibit drug repackaging and compounding--that is its decision. But again, this law is by no means a green light for the FDA to usurp the rights of States. I want to make that crystal clear.

Lastly, contrary to much of what has been said, compounders have really stepped up to assist providers in need. Today, America faces a serious drug shortage problem. Sterile injectable generic drugs constitute 80 percent of the drugs in short supply.

Not surprisingly, government pricing caps have caused these shortages. Thankfully, compound pharmacists in Arkansas and across the country have been meeting critical market needs that manufacturers have been unable to satisfy. Compounders have helped address supply chain gaps and sudden spikes in demand--particularly in rural and neglected areas. They have plugged holes in the system, and they have tended to overlooked markets.

Without compounders, doctors would not perform surgeries. Without compounders, oncologists would be forced to administer alternative chemotherapy drugs. Without compounders, patients would suffer from limited access. These are real issues and real problems, and we must take these realities into consideration. I look forward to working with all stakeholders to ensure commonsense compounding, repackaging, and office-use administration of compounded drugs.

Mr. President, I would like to tell the story of a constituent who emailed and is so representative of what thousands are going through in Arkansas.

Mark from Little Rock wrote to me after receiving his cancellation notice. This is what he had to say:

I recently received a notice from Blue Cross-Blue Shield

that my individual health insurance policy will not be

renewed after 2014 due to ObamaCare. Although I am very happy

with this policy, I'm being forced out of it after 2014.

The alternative options under the Affordable Care Act are

not very affordable. The closest alternative plan will

increase my deductible 25% and increase my monthly premiums

300%. . . . from $285 a month to $850 a month.

Mark notes that his current plan is Blue Cross, which he describes as not a ``bad apple'' provider, and that he will be required to pay for the entire cost of this new plan out-of-pocket. These are all very serious problems with the program, and certainly Mark is not alone.

Mr. President, I rise today to honor U.S. Army CPT Edward ``Flip'' Klein, an Arkansas soldier who fought for his country on the battlefield and is fighting to recover from injuries he sustained in Afghanistan.

On October 22, 2012, while out on patrol near Kandahar, Captain Klein, a 2006 West Point graduate, was severely wounded, losing both of his legs, his right arm, and severely damaging his left hand. Captain Klein credits much of his recovery success to his wife Jessica who he calls his ``rock.'' His determination is an inspiration to everyone who meets him. Albert Carey Caswell wrote this poem, ``The Battle, After the Fight,'' in honor of Captain Klein and his family:

And on that morning . . .

When we awake . . .

As we so see what this war would take . . .

As all of our hearts so begin to break!

Will we be ready,

for this new battle that which before us now awaits?

All in our strength,

and faith!

The . . .

The Battle,

After The Fight!

From out of the darkness,

into the light!

Those brave hearts,

who bring their light!

Who evil must fight!

After That Battle,

But Begins The Fight!

When,

hearts of honor so chose to ignite!

When,

death stands so all in sight!

All out on that edge,

after The Battle But Begins The Fight!

All in what . . .

within ones chest ignites!

While,

so close to death!

All in this most divine sight!

When,

heroic hearts of valor so reach to new heights!

To Fight!

After That Battle!

But So Comes The Fight!

Moving forth,

throughout all of this darkness as courageously onward they

stride!

While against all odds,

to a place where only the most magnificent of all hearts of

honor reside!

After The Battle!

With but tears in their eyes!

As their families so cry!

Asking our Lord up above,

for the strength to supply!

After That Battle!

As somehow!

As someway!

So very deep down inside,

as onward they fight!

How Brilliant! How Brilliant!

How Brilliant they shine!

So surely these are America's brightest of all lights!

After The Battle!

Now Into The Fight!

Hooo . . . aaah!

As Captain Klein,

your most magnificent of all hearts would ignite!

For you are a warrior whose heart burns bright!

As man who is Army Strong!

Who all for his Country Tis Thee,

his fine heart beats loud and so long!

After That Battle Flip,

As So Began Your Most Courageous of All Fights!

As one of the few,

who to West Point so belongs!

As you Flip,

so earned that most honored of all rights!

The kind of man,

that MacArthur or Mahollen would so sing of both day and

night!

Both day and night!

And General Petraeus,

would give a big Hooo . . . aah so all on sight!

Because After The Battle!

But So Brings The Fight!

The kind which so bring tears to The Angel's eyes on this

night!

As it was while out on patrol,

when death to you so spoke!

With you Captain Klein lying there so close to death . . .

As all in that moment,

to yourself you so made a pledge!

To live on,

while your heart of valor would crest!

As they so gave you last rites!

As from you but so came a most magnificent sight!

After That Battle,

as your fine heart so chose to fight!

As so came your light!

As You Edward So Chose To Stand and To Fight!

With All of Your Might!

Which to this day,

lives on brighter than bright!

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, this past weekend I was with a group of heroes from the ``greatest generation.'' These men and women faced some of the biggest challenges our Nation has seen. They put aside their own needs to make the country and the world a better place.

These World War II veterans from Arkansas were flown in on an Honor Flight to see their memorial. They didn't have much to say to me personally about the shutdown. We talked about it, but talked more about the branch of the service they were in, what they did during the war, and the various things that happened to them during that period-- and, of course, about Razorback football. We didn't have to spend and take time to visit a great deal about the shutdown for me to know their thoughts. Their presence alone was enough of a reminder that we need to solve this issue.

As the shutdown drags on, it spills into the debt ceiling discussion. These are two major issues with very serious impacts if left unresolved.

To everyone outside of the Beltway, it seems both sides are digging their heels in deeper, both sides are ratcheting up the rhetoric, and nothing is getting done. The American people are tired of this. Dismissing the other side's offers without consideration and trading barbs do not help out one bit. No one is being asked to abandon their principles. What needs to happen, however, is both sides must respect the will of the American people.

We must find a way to do what the public demands--reopen the government and get our spending under control. The President and the Senate majority want to say that their health care law is an entirely separate issue from this debate. That is simply untrue. It is not the way Americans see it. One major reason the American people are rejecting it is because of its budget-busting pricetag. We have a budget that can't be strained any further. Our debt stands at almost $17 trillion, and $6 trillion of that has been added on President Obama's watch. You can't take on that much debt and pretend it is not a problem. Americans do not have the luxury of telling their credit card company to stop calling because they do not want to pay the debt that they racked up.

This mess could be avoided if we simply followed regular order here in Washington, but we have not done that in 10 years. What I mean by that is during my time in the Senate we have passed one individual appropriations bill prior to the end of the previous fiscal year. We didn't consider a single appropriations bill on the Senate floor last year. Let's return to regular order by passing an annual budget and the accompanying spending bills, not one large bill.

The good news is that many Members on both sides believe we simply need to get that done. But that doesn't get us out of our current mess. We have to get the government operating again, and we have to avoid a default.

Impassioned debates on major decisions like raising the debt ceiling in the past have resulted in positive policy changes. In fact, half of the 53 times Congress has agreed to raise the debt ceiling since 1978, they have attached conditions to it. The Gramm-Rudman act is a perfect example. We talked a lot about the need to cap spending in Washington. Gramm-Rudman actually did that, and it lead to a balanced budget. Even the situation we are currently in with the Budget Control Act was born out of this type of constraint. Some in the Chamber still are not happy with that, but the Budget Control Act is the first time in a long time that we have managed to curb the growth in Washington spending.

Anyone who has ever bought a house or a car can tell you that it takes some time to reach a mutually beneficial agreement. There is lots of haggling involved. The owner says here is what it costs. The consumer makes an offer in return. This brings a counteroffer and so on. This continues until both parties reach an agreement where everyone is satisfied.

But the key to this process is that both parties have to engage in the discussion. Everybody needs to come to the table. It is simply not enough to say this is where I stand and I will not take any other options into consideration. I am fairly certain you will never buy a house with that approach.

The good news is it seems we are heading in a positive direction. I believe there is movement toward a consensus. At the very least, both sides seem to be coming out of their respective corners and discussing their options. We need everyone to come to the table, to develop a way forward that puts us on the path to fiscal responsibility. These discussions serve as a starting point for how to rein in reckless spending so we can eliminate the blank check, the philosophy that has become so pervasive in this town.

If we need inspiration to solve this problem, the men and the women I visited with at the World War II Memorial this past weekend are a perfect place to look. They have accurately been named the ``greatest generation'' in part for their willingness to take on enormous challenges because it was the right thing to do.

We have an enormous challenge in front of us now. Let's follow the inspiration of the ``greatest generation.'' Let's put our country before ourselves and solve this problem.

I suggest the absence of a quorum.

Madam President, I appreciate the Senator from South Dakota and his words but also his leadership, not only in this area but in so many areas of such importance facing our Nation. Again, we appreciate him very much.

With the exchanges set to open in a matter of days, we are getting an up-close and personal look at how bad this law is for Arkansans.

On Monday, the ObamaCare premiums were released for the Arkansas exchanges. The exchanges were supposed to provide choices. The President said it would be like booking travel on Expedia.

Do you know how many insurance companies you can pick from in el Dorado and Magnolia? Two. In Pine Bluff, Helena, and Lake Village? Two. In Jonesboro and Hot Springs? Three.

There are not a lot of options, and none of them are affordable. Sticker shock, I think, is the best way to describe the response I have heard from Arkansans.

Yesterday, a caller to my Fort Smith office said he could barely afford his diabetic medicine. With the new premiums, he simply cannot afford it. That is one example of many similar calls i have received and am receiving.

With a pricetag of nearly $3 trillion, the law creates more problems than it solves. It drives up health care costs, busts our budget, bankrupts Medicare, and deflates our economy. On top of that, it does not create economic stability for Arkansans. It raises their taxes.

On some level, even President Obama acknowledges this will not work. He has delayed, without legal recourse, the employer health care mandate. More relief for other allies will certainly come. It is clear the White House is picking and choosing who has to comply with the law, which leaves the rest of America asking: Where is my exemption? Why can't everyone get a special deal? They rightfully want to know why they have to follow a law the President's allies are not following.

Every Republican in this Chamber wrote the President shortly after he made this decision to delay the employer mandate. We demanded that he extend relief to the public. In fact, we asked him to permanently delay implementation for everyone.

Senator Coats and I, along with several other of our colleagues, have introduced a bill that would accomplish just that because this law is not just bad for U.S. businesses, it is bad for workers, it is bad for American families.

The President says he is working for a ``better bargain for the middle class.'' This law crushes the middle class. It is going to make coverage unaffordable for everyone, including the very people the President seeks to provide coverage to--low-income workers.

Because this law is poorly written, a worker making $21,000 a year may be offered plans with premiums that are near $2,000. How is this affordable? For a basic plan they could also face an annual deductible upwards of $3,000 before coverage kicks in. That is almost a quarter of the annual salary of a worker making $21,000. And this is supposed to be affordable?

One of my constituents hit the nail on the head during a telephone townhall I had on Monday night when he said this law is actually making health insurance more expensive for the average person.

Nowhere in the 20,000 pages of regulations can you find one that drives down the cost of health care. That is the core of the problem.

This law has to be replaced with reforms that drive down the cost of health care and make insurance truly affordable for every American.

Instead of allowing the government to dictate our health care needs, we should strive to reward quality health care, encourage healthy living, and minimize waste through patient choice and health care ownership.

We should pass laws that expand health savings accounts. We should allow small businesses, people such as my barber, to pool together with other barbers and purchase group insurance to cover their employees at a low rate. We need to allow Americans to purchase insurance across State lines, as we do for car insurance.

There are other reform avenues we can explore, some I think that we can even get the majority and the President to support.

Every Republican in this Chamber wants to do away with this law. We may disagree on strategy, but we all seek the same goal.

For me and many of my colleagues, it is hard to find the logic in opposing a bill that defunds ObamaCare. Again, this bill the House has sent us is exactly what we were trying to accomplish. It defunds ObamaCare and keeps the government open. We must also ensure it keeps us on a path to fiscal responsibility.

If the majority leader attempts to restore funding for ObamaCare, you can be assured that I will vote against it.

My vocal opposition to the law, my record of voting against the original bill, and my support of efforts to repeal it are evidence that I want to replace this law with real reform that will drive down the cost of care and increase coverage for all.

However, at the end of the day, it is not wise to force a shutdown by holding up a bill to continue the funding of government. Our troops in harm's way deserve to be paid. Seniors in Arkansas need their Social Security checks in a timely manner just to get by. And Arkansans who have jobs that require government action--regardless of the situation-- will have their livelihoods at stake as a result of a shutdown.

Perhaps most concerning is what a shutdown could do to the markets in this very fragile economy. Our economy is in a far more precarious position than it was during the last shutdown. The retirement and savings of millions of Arkansans could take a dramatic hit.

We face a serious crisis. Health care costs are crippling this country and many Americans lack access to quality affordable care. It is stifling our Nation's overall economic development. These are real difficulties patients, physicians, and hospitals face.

I understand this problem firsthand. For 24 years, I practiced optometry with my brother and my partners in Arkansas. My experience as both a health care practitioner and a clinic owner led me to understand there is a right way and a wrong way to address this crisis. The President's health care law is the wrong way. Let's move forward by supporting the House-passed continuing resolution that defunds ObamaCare. Let's work together for affordable and effective health care reforms through free market principles.

I yield the floor.

Mr. President, Arkansans are well aware of the damage that Mother Nature can cause. We have seen the devastating impact of tornadoes, flooding, ice storms, and other natural disasters.

This devastation can be overwhelming. Surveying the damage sometimes reveals the need to rebuild parts of the community, infrastructure, and neighborhoods. Oftentimes this causes difficulties for families who may be displaced from their homes or even their jobs.

Time and again when we are faced with these catastrophes, the Arkansas Department of Emergency Management has been there to activate the resources necessary to protect people and communities and provide them with the basic needs as rebuilding efforts occur.

This year we recognize the 60th anniversary of the agency tasked with responding to emergencies. No matter how big or small, the men and women of the Arkansas Department of Emergency Management are ready to respond at a moment's notice and support recovery efforts.

The agency has developed since 1953 from an office in the Arkansas State Capitol with one surplus military radio to today's state-of-the- art facility.

We appreciate the hard work, dedication and commitment of the Arkansas Department of Emergency Management as the agency continues to improve and seek new and innovative ways to prepare us all for the unexpected.

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, earlier this month we marked the 12th anniversary of the terrorist attacks on the Twin Towers and the Pentagon that killed more than 3,000 people.

Our fight against terrorism continues today. We can be proud of all that America's military personnel and the veterans of the global war on terror have accomplished, as well as the ongoing efforts.

Many brave Americans put their lives on the line every day to defend this country because terrorists remain committed to harming the United States. Many have made the ultimate sacrifice for our freedoms. We must honor the sacrifice of the men and women who laid down their lives for us.

Arkansas has a proud history of its citizens serving this country in the military. Many brave Arkansans, including two recently, have given their lives defending our country on the battlefield. We continue to honor the men and women who have given their last full measure of devotion to protect our Nation.

SGT Jamar Avery Hicks sacrificed his life for this country in support of Operation Enduring Freedom. Sergeant Hicks graduated from Hall High School in Little Rock, AR, in 2009. One of his former teachers described him as a student who didn't mind going out of his way to help others and never looked for anything in return. She says she would have taken a whole classroom filled with students like Jamar. Those closest to Sergeant Hicks describe him as a quiet, gentle, and unassuming man with an infectious smile who always had a positive outlook on life.

Sergeant Hicks joined the Army in November of 2009. His friends say he loved the Army, and his military service drove him to continue to improve himself. Sergeant Hicks was assigned to Headquarters and Headquarters Battery, 4th Battalion, 320th Field Artillery Regiment, 101st Airborne Division, Fort Campbell, KY, as a vehicle driver. He gave his life on August 11, 2013, his 22nd birthday, after enemy forces attacked his unit with indirect fire in the Paktia Province of Afghanistan.

I ask my colleagues to keep his family, including his wife Debra, his son Jamar, Jr., and friends in their thoughts and prayers during this very difficult time.

Most recently the Natural State honored the life of SFC Ricardo Young as State flags flew at half-mast. Sergeant First Class Young graduated from Nevada High School in Rosston, AR, in 1997. His family and friends describe him as fun-loving, caring, and always full of life. Sergeant First Class Young joined the Army in September 1997. He trained at Fort Benning before his first assignment at Fort Campbell, KY. In his 15 years of military service, Sergeant First Class Young was deployed to two tours in Iraq, one in Afghanistan, in addition to other missions around the globe.

Sergeant First Class Young was assigned to the 738th Engineer Support Company, 307th Engineer Battalion, 20th Engineer Brigade, 18th Airborne Corps, Fort Bragg, NC. On August 28, 2013, he gave his life in support of Operation Enduring Freedom in Farah Province, Afghanistan.

On behalf of a grateful nation, I humbly offer my sincerest gratitude for the patriotism and selfless service of Sergeant First Class Young and Sergeant Hicks.

Let us never forget the sacrifices of our troops, and let their legacies be an inspiration for all Americans.

Mr. President, I yield the floor and I suggest the absence of a quorum.

I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I wish to pay my respect to an American hero, LCpl Benjamin Tuttle, who sacrificed his life for this country in support of Operation Enduring Freedom.

Lance Corporal Tuttle graduated from Gentry High School in Gentry, AR, in 2012. His appreciation for athletics kept him active after school as a football player, wrestler, and track runner. As a student, he made his interest in serving in the Marines well known. He shared his love for his country and the corps during a trip back to his alma mater last fall.

His love of country was coupled with love for his family. In a Facebook post, he wrote he would be back home in October and was anxious to fish, go to dinner, and just hang out with family and friends.

Lance Corporal Tuttle was serving aboard the USS Nimitz. He was assigned to the Marine Fighter Attack Squadron 323, Marine Aircraft Group 11, 3rd Aircraft Wing, I Marine Expeditionary Force, Marine Corps Air Station Miramar in California.

Lance Corporal Tuttle was only 19 when he gave his life for his country. Lance Corporal Tuttle is a true American hero who made the ultimate sacrifice. I ask my colleagues to keep his family and friends in their thoughts and prayers.

On behalf of a grateful nation, I humbly offer my sincerest gratitude for his patriotism and selfless service.

I yield the floor, and I suggest the absence of a quorum.

Mr. President, on March 29, 2013, the ExxonMobil pipeline

ruptured spilling an estimated 147,000 gallons of oil into Mayflower, Arkansas. Victims of this oil spill are rightfully being compensated by ExxonMobil, but the Internal Revenue Service has said that compensatory payments will be considered taxable income. These families should not have to pay taxes on this disaster relief assistance. The Mayflower Oil Spill Tax Relief Act of 2013 prohibits compensation to Mayflower oil spill victims from being taxed by treating it as ``a qualified disaster relief payment'' under current law. My colleague Senator Pryor joins me in introducing this important legislation. I would also like to thank Representative Tim Griffin for his support and leadership on the House companion version of the Mayflower Oil Spill Tax Relief Act of 2013.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, on March 29, 2013, the ExxonMobil pipeline

ruptured spilling an estimated 147,000 gallons of oil into Mayflower, Arkansas. Victims of this oil spill are rightfully being compensated by ExxonMobil, but the Internal Revenue Service has said that compensatory payments will be considered taxable income. These families should not have to pay taxes on this disaster relief assistance. The Mayflower Oil Spill Tax Relief Act of 2013 prohibits compensation to Mayflower oil spill victims from being taxed by treating it as ``a qualified disaster relief payment'' under current law. My colleague Senator Pryor joins me in introducing this important legislation. I would also like to thank Representative Tim Griffin for his support and leadership on the House companion version of the Mayflower Oil Spill Tax Relief Act of 2013.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today I wish to recognize the Great Passion Play which is currently underway for its 46th consecutive year in Eureka Springs, AR.

Since 1968, over 7.6 million people have attended the Great Passion Play. The inspirational play depicting the last week in the life of Jesus Christ is 1 hour and 45 minutes long featuring almost 200 actors, live animals, and special effects on a three-story tall set built into the hillside.

Performances of the play take place the first Friday of May through the last Saturday in October.

This year, two big names in contemporary Christian music are joining together to host an event in the Eureka Springs Auditorium to celebrate ``Passion Play Day'' on August 8.

Local resident John Michael Talbot, who is recognized as one of Catholic music's most popular artists and the author of 20 books, will be welcoming Michael Card, who himself has recorded over 31 albums and authored or co-authored over 24 books, for a performance to benefit the Great Passion Play.

Mr. Talbot has deep ties to the area having founded his community ``The Brothers and Sisters of Charity'' and the ``Little Portion Hermitage/Monastery'' in neighboring Berryville, AR over 30 years ago.

The Great Passion Play is important for the Eureka Springs community, as well as the State of Arkansas. It directly employs over 200 people in the town and is important for promoting tourism to the local community. I expect many will come out to benefit this worthy cause on August 8 and am grateful for John Michael Talbot's efforts to support the Great Passion Play.

Mr. President, I ask unanimous consent the order for the quorum call be rescinded.

Mr. President, my colleagues and I are often at odds when trying to solve some of our Nation's most pressing and difficult problems. However, one thing we can all agree on is that the men and women who wear our Nation's uniforms are selfless heroes who embody the American spirit of courage and patriotism. We must continue to honor the sacrifice and service of our troops who have fought to protect and defend our freedoms. Today, I am here to pay my respects to Army SPC Robert A. Pierce, an Arkansas soldier who gave his life while in support of Operation Enduring Freedom.

Specialist Pierce graduated from Mansfield High School and spent his free time perfecting his steak cooking abilities at the Bulldog Diner in Greenwood, AK. A former coworker described these as ``the best steaks ever.''

Specialist Pierce's friends say the money he earned at his part-time job went to fixing his truck. His love of auto mechanics led him to do most of the work himself. Specialist Pierce's family said he joined the military in 2011 to make a difference.

He served in South Korea before his assignment at Fort Campbell. He was a member of A Company, 1st Battalion, 506th Infantry Regiment, 101st Airborne Division, Fort Campbell, KY. SPC Robert Pierce was only 20 when he gave his life for his country last month while on patrol in Afghanistan. Specialist Pierce is a true American hero who made the ultimate sacrifice.

I ask my colleagues to keep his wife Christian and the rest of his family and friends in their thoughts and prayers.

On behalf of a grateful Nation, I humbly offer my sincerest gratitude for his patriotism and selfless sacrifice.

I suggest the absence of a quorum.