mr. baucus: mr. president, i'll ask another question. this is very similar to sort of the context of this bill. that is i've asked the senator from north dakota many times to provide me authority for that proposition. i'm wondering if the senator from north dakota can now provide me the authority for that proposition rather than just asserting it. what's the authority? is there a case? is there a federal law? is there a supreme court case on that authority? i'd just like to know. mr. heitkamp: mr. president, and my friend from montana, we will give you the citations and the supreme court cases that talk about the exertion of jurisdiction over foreign corporations by state taxing authorities. and so i just want to offer up this document that outlines that we are not parties to foreign treaties -- i tell you nelson vs. sears & roebuck, which is a 1941 supreme court case. felt and tarrant manufacturing versus gallagher, again a united states supreme court case, 1939. it is well established and long-standing precedent in this country that if

mr. baucus: mr. president? the presiding officer: the senator from montana. mr. baucus: mr. president, i object. the presiding officer: the objection is heard. ms. collins: mr. president? the presiding officer: the senator from maine. ms. collins: mr. president, let me express my frustration and dismay over the objection that has been lodged against considering a very reasonable amendment to this bill. this is a bipartisan amendment. it is offered by the independent senator from maine, senator king, and myself. it hasespridd support. it is a very reasonable amendment that simply gives businesses more time to comply with the provisions of this bill. it is consistent with the purpose of this bill and does not undermine it in any way. it simply recognizes that 90 days is simply too short a period of time for implementation of the software and other changes that would be required under this legislation. i think that there is, however, a broader issue here. this is a bipartisan bill, a bill that i am a cosponsor of, a bill that has widespread suppo support, a bill that the govern

mr. baucus: mr. president? the presiding officer: the senator from montana. mr. baucus: mr. president, i rise today to urge the senate not to move forward on the marketplace fairness act. this bill country to sp tend resources theysh be usis jumping through new bureaucratic hoops. in montana, it forces our small businesses to play tax collector for other states, with absolutely no benefit to them. instead of slapping more red tape on our small businesses, we need to be supporting their tworbg create jobs and -- work to create jobs and get our economy going. let me be very clear -- let me be even more clear. let me be very clear: this bill is bad for business and bad for jobs. this bill is not ready for debate on the senate floor. it has not been completely thought through. it is full of unintended consequences that could seriously harm america's small businesses. supporters of the marketplace fairness act claim this bill would level the playing field between main street businesses and out-of-state bin fo t b colleales taxesro customers. the bill's sponsors claim this is -- q

mr. baucus: mr. president, what's the parliamentary situation? the presiding officer: we are in morning business for up with more minute. then morning business will be closed and we'll proceed to the motion under the agreement. mr. baucus: i'll take that one minute, please. mr. president, this is pretty simple. this legislation is only recently introduced, never been vetted, this bill -- others have, not this bill. fraught with all kinds of problems, some of them already enumerated on the floor, many unintended circumstances. the only right thing to do is to -- for the committee to take it up and as chairman of the committee i've made the promise many times. we've already had hearings but we'll have a markup on this bill, in the next work period, and markup means there will be a vote and i'm standing here ready to abide by the vote. i submit right now that a majority of the members of the finance committee probably -- they may be inclined to support this thing, i don't know. but that's the process here. that's what we should be doing. not just ra

mr. baucus: mr. president, just a few words about the pending bill before us. this bill will hurt small businesses not just in montana, new hampshire, and oregon, that is nonsales tax states, but all across the country. the bill will let one state go after businesses in another state. this bill could give any state the right to make businesses across the country collect sales taxes for that state but selling products online. therefore, businesses could be forced to spend their time and money collecting taxes for states across the country with no benefit to them. and i repeat again here that this bill has not been through regular order. the finance committee has not had a chance to approve this bill or address the many unanswered questions about this provision. this floor is no place to try and improve upon this bill and make this bill work. years of work have been put into the issue of state sales taxes, and i commend senators durbin and enzi for it. but, unfortunately, that work is not reflected in the bill on the floor today. for years the concept of allowing

mr. president, thank you. maximum -- max baucus, the democratic senator. other democrats whispering nervousness about the implementation, and the impact it might have on the political campaign in 2014. why does senator baucus, somebody who extensively helped write your bill believe that this is going to be this, and why do you think he's belong? wrong -- >> well, i think anytime you're implementing something big, there's going to be people who are nervous and anxious about is it going to get done, until it's actually done. but let's just step back for a second and makes sure the american people understand what it is that we're doing. the affordable care act, obama care, has now been with us for three years, gone through supreme court tests. it's gone through efforts to repeal. a huge chunk of it has already been implemented. and for the 85% to 90% of americans who already have health insurance, they're already experiencing most of the benefits of the affordable care act, even if they don't know it. their insurance is more secure. insurance companies can't

mr. president, thank you. max baucusto the implementation of your health care law as a potential train wreck. other democrats have been whispering nervousness about the implementation and the impact, so reflect the impact it might have on your own political campaign. why -- just curious, why does senator baucus, who ostensibly helped write the bill, believe it will be a train wreck? why do you believe he's wrong? >> i think any time you are implementing something big, there is going to be people who are nervous and anxious about, is it going to get done until it's actually done. but let's just step back for a second and make sure the american people understand what it is we're doing. the affordable care act, obama care, has now been with us for three years, it's gone through supreme court tests, efforts to repeal -- a huge chunk already implemented and for the 85% to 90% of americans who already have health insurance, they are already experiencing most of the benefits of the affordable care act, even if they don't know i

mr. chairman but i want to thank chairman baucus for convening this hearing to consider the nomination of marilyn tavenner to serve as administrator for the centers for medicare and medicaid services, cms. this is a critical agency for a number of reasons has been without a confirmed administrator since the fall of 2006. cms is the world's largest health insurer. and has a budget of nearly $1 trillion processes over 1.2 billion claims a year or services provided to some of our nation's most vulnerable citizens receiving medicare and medicaid. if confirmed, ms. tavenner, you'll have a daunting challenge ahead of you. while i believe you have the qualifications to do the job, there is still much that you will need to do in order to assure members of this committee that cms is heading in the right direction and that your leadership will help steer the agency through the very turbulent times that lie ahead. one of the greatest challenges facing cms in the near future is implementation of the federal and state-based health insurance exchanges. in a speech last june, you said that the health ca

mr. president, thank you. max baucusentation of your health care law as a potential train wreck. and had other democrats been whispering nervousness about the implementation and self centered a little bit, the impact it may have on the home political campaign. just curious, why does senator baucus, somebody who extensively helped write your bill believe this is going to bloody the law? >> i think any time you're implementing something big, there are going to be people nervous and anxious about is it going to get done until it's actually done let's step back and make sure the american people know what we're doing. the affordable care act, obama care has now been with us for three years, it's gone through supreme court tests. it's gone through efforts to repeal. a huge chunk of it has already been implemented. for the 85% to 95% of americans who already have health insurance, they're already experiencing most of the benefits of the affordable care act, even if they don't know it. their insurance is more secure. insurance c

mr. president, thank you. who ma max baucus indicated your potential healthcare law is a train wreck. and others are nervous about the impact and implementation, and some are worried about the impact it will have on their political campaigns in 2013. why did senator balk cuss, someone who helped write your bill believe that this will be a train wreck and why do you believe he's wrong? >> i think that any time you're implementing something big, there is going to be people who are nervous and anxious about is it going to get done, until it's actually done. but let's just step back for a second and make sure the american people understand what it is that we're doing. the affordable care act, obama care, has now been with us for three years, it's gone through supreme court tests, it's gone through efforts to repeal. a huge chunk of it has already been implemented. and for the 85 to 90% of americans who already have health insurance, they are already experiencing most of the benefits of the affordable care act even if they don't know it. their insurance is more secure. insurance companies

i'm excited to introduce this bill and glad to have senators chambliss and baucus as cosponsors and, mr. president, i i yield back the floor. the presiding officer: the senator from utah is recognized. mr. lee: i thank the senator from virginia for his cooperation in helping me get this time. mr. president, the president of the united states has spent the last several weeks evoking the tragedy at sandy hook and highlighting the voices of the victims in an empt to promote his gun control proposals. he has not explained to the american people how any of this new gun -- any of these new gun control measures would have prevented that or any other terrible tragedy. or how any of these measures would reduce gun violence in any measurable way. instead, his proposals would serve primarily to restrict the rights of law-abiding citizens. recently i launched a product called protect 2-a to see our bill of rights, and believe members of congress should be doing everything in their power to protect the second amendment rights of citizens, just as we should be protecting all the rights protected by o

mr. president. nobody believes gun registration is going to save people, kids in newtown. it's not going to do it. >> when you had max baucusocratic senator in swing state up for ere-election why did you vote no one word montana. some of these democrats on the fence people like you have got on the screen right now, they basically say, back home in montana, it's not going to fly. and so right now the president is stuck because he has got a wall of republican opposition but he has also got a handful of democrats. >> bill: is he not getting anywhere on anything. that's that. severing going to stay status quo. on the terrorism front when mr. obama delivers a speech in boston today. that speech is written for him, correct? >> it is. his aides say on air force one as he always does, he starts tinkering with it and tries to get it in his own voice. i think you heard in an important clip there where he got the audience behind him. look, any president's situation like this can rise to the occasion, it's not shocking that when there is something like this he is going to get public support for it but not every president can sort of hi

mr. chairman. >> thank you, senator. secretary sibelius, i appreciate you coming here. a big job. tell us what you're thinking, let 'er rip. good morning and thank you chairman baucus and ranking member hatch and members of the committee. opportunity toe be with you today to discuss the president's 2014 budget with the departmef and human services. this budget supports the overall goals of the president's budget andrengthening our economy promoting middle-class job growth area did it ensures that the american people will continue to benefit from the affordable care act. provide much-needed support for mental health services and take steps to address the ongoing tragedy of gun violence. for ouren education children during the critical early years to make sure they can succeed in the 21st century economy. secures america's leadership in health innovation so that we remain a magnet for the jobs of the future. it helps reduce the deficit in a balanced thomas sustainable way. theok forward to answering members questions about the budget. first i would really like to cover a few highlights. the affordable care act signed into law in march 2010 is already benefiting milli

mr. chairman, could i be so rude to interject here that street i let them take one question not of my time. i have to leave, too, but one relevant point with regard to chairman baucustion on the navigators. he was the composer of the secretary. >> madam secretary, so excited about navigators. whereabouts were at 50 for $9 to hire navigators in the states but the exchanges it is that correct? get cms rule hamas ratio is putting agents and brokers to put them on a business because that's the ratio. we're cutting out most of the people who provide services in the air, which cost the government nothing. that the legislation but ms. landrieu and others to amend that as we need to revisit the medical loss ratio will and see what effect it has on people getting credible information to make a living doing it and have for years. >> senator, i would be happy to take a look at the legislation there is no prohibition at this stage model we certainly have not nominated the ability to do their jobs and bring people into the insurance comes in a test i had for a lot time. it deals with what is characterized as medical costs, as overhead caused that the world does not include an a

mr. roberts would you for just one second? >> i would be more than happy to yield to my distinguished colleague. >> madam secretary, senator baucus asked you the question about the navigators. i understand you're about to award $54 million in contracts to hire navigators in the states with exchanges, is that correct? >> that's correct. >> yet, it is putting most brokers out of business because of the 85% threshold for medical loss ratio. so we are spending 54 million tire navigators yet because of the rule on the medical loss ratio we are cutting out most of the people who provide these services in the private sector which caused the government nothing. i've got legislation with ecause i tnk wesome others to need to revisit that medical loss ratio rule wht effect it actually has on people getting credible information from people makea living. >> senator, i would be happy to take a look at the legislation. there is no prohibition first of all for agents and brokers to be navigators. secondly, exchanges at both, at the state level can dei agtskersas part of the funding stream to do the outreach. but we certainly have not a laminate

mr. thompson: despite attempts to fully repeal the so-called affordable care act, this program is doomed to collapse under the weight of its own flawed design. senator max baucus of montana referred to the administration's signature health care law as a looming train wreck. another promise that was used to force passage of the president's health law was brecken in february when the administration's center for medicare and medicaid services announced it would stop enrolling people with pre-existing conditions due to funding constrains. this week, the house will vote on the help sick americans now act which would extend access to those with pre-existing conditions. it would be funding by eliminating funding for a program identified as rife with mismanagement and abuse. the gradual failure of the affordable care act is inflicting significant pain on families, businesses, and our economy. don't take my word, just listen to the senator from montana. his recent remarks aren't off the mac. i yield back. the speaker pro tempore: for what purpose does the gentlelady from texas seek recognition? ms. jackson lee: to address the house for one minute. the speaker pro tempo