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Sen. Moran: FCC Overreach a Tremendous Affront to the First Amendment of the U.S. Constitution
Feb 26 2014
Mr. President, along with my colleagues, I have been in places across the country this past week. Most of my time was spent in Kansas, and certainly Kansans had a good opportunity to express to me some of their worries and concerns about what is going on in Washington, D.C.
One of the things that has become very dominant in those conversations is the concern that this administration — Washington, D.C. — that the Constitution, as we learned it, as we were taught even in high school government classes, does not seem to be being complied with. The concern is the constant efforts by this administration to do things unilaterally, to put in place executive orders and policies and regulations.
This has become a common conversation. It is pleasing to me that Kansans care so much about the structure of our government, the foundation that was created by the Framers of our Constitution, and they have a genuine concern that the Constitution is being violated. Often the conversation is: What are you doing about it?
The topic I want to talk about today is just one more example. This one has a reasonably positive ending, but I want to highlight something that has transpired in Washington, DC, that started last May at the Federal Communications Commission.
I just learned about this recently, and it became much more of a common topic with knowledge across the country as a result of one of the FCC Commissioners, Ajit Pai, and his opinion piece that appeared over the past few days in national publications.
What we learned was the Federal Communications Commission was considering — in fact, considered, put in place — a program in which they were going to survey the broadcasters they regulate. They hired an outside firm, as I understand it, and questions were prepared that were going to be asked of people in newsrooms across the country.
The pilot program was organized to occur in South Carolina. Among the kinds of questions that were going to be asked in newsrooms across the country by the FCC was: What is the news philosophy of this station? Who decides which stories are covered — whether a reporter ever wanted to cover a story and was told they could not do so.
It seems to me whether you have a conservative or liberal bent or you are down the middle of the road, you ought to have great concern when the agency that regulates the broadcasters decides they want to get into the newsroom to discover how news is developed at that station. That is not part of what the mandate of the FCC is, and it ought to raise genuine concerns from those who care about free speech. It certainly raised those concerns from me.
I came back to Washington, D.C., today with the intention of highlighting this issue for my colleagues, making the American people more aware of this tremendous affront to the First Amendment to the U.S. Constitution. The good news is that Chairman Wheeler at the FCC announced just a couple days ago that this proposal, as it included questions about how news was developed, was being withdrawn.
So in part I am here to express my genuine concern about how did we get so far as for anyone at the FCC or their contractor to think this is appropriate behavior for a regulator; and, secondly, I am here to say that I am relieved and pleased that Chairman Wheeler has stepped in to withdraw those kinds of questions.
The argument was made that this is a voluntary survey, but as Commissioner Pai indicated in his opinion piece in the Wall Street Journal, it is hard to see how something the FCC is asking of a regulated broadcaster would be really considered voluntary.
The Commissioner says: Unlike the opinion surveys that many of us receive on the phone or in the mail, in which we can hang up the phone or never answer the phone or we can toss the survey into the trash, when the FCC sends someone to your station to ask you questions about how news is developed, it is hard for you to say: I am not going to answer the question, when the FCC has control over your license.
So I am here to make certain that this kind of approach is something that is in the past. I serve on the Appropriations subcommittee that is responsible for the FCC’s budget. When they come to tell us about their appropriations request, again I will thank Chairman Wheeler for withdrawing these questions, but I want to make certain there is a genuine concern on behalf of all of us in the Senate — Republicans and Democrats, whatever brand of philosophy you claim to espouse or believe, you ought to be worried when the FCC is making inroads into how news and opinion is formulated at broadcasting stations — television and radio — across the country.
So, Mr. President, the speech I had intended to give raising this topic is only given now in part. It is my view that every American citizen has certain civic responsibilities. Not just us Members of the Senate, every American citizen’s primary responsibility as a citizen is to make certain we pass on to the next generation of Americans a country in which the freedoms and liberties guaranteed by our Constitution are protected throughout the history of our Nation into the future.
So I ask my colleagues to be ever vigilant as we see an ever encroaching Washington, D.C., administration, even Congress, intruding in the lives of the American citizens, particularly as it relates to their opportunities for free speech.
I will be back later in the week to talk about other intrusions by the Federal Government into free speech and political advocacy. But again, Mr. President, thank you for the opportunity to be on the Senate floor today to highlight what I think would have been an egregious violation of the Constitution by one of our federal agencies.
MANHATTAN, KAN. – Today, U.S. Senator Jerry Moran (R-Kan.) released the following statement after the White House’s announcement that two Army veterans – First Lieutenant Donald K. Schwab and Sergeant Jack Weinstein – will posthumously receive the Medal of Honor on March 18, 2014. This news came after an extensive review of their valorous actions that initially awarded them the nation’s second highest decoration, the Distinguished Service Cross.
“Much time has passed, but I’m happy to see that First Lieutenant Donald K. Schwab and Sergeant Jack Weinstein received Presidential attention for their courageous actions while serving in World War II and the Korean War,” Sen. Moran said. “They are both more than deserving of this distinguished honor and will finally receive the recognition they deserve.”
First Lieutenant Donald K. Schwab served in World War II; Sergeant Jack Weinstein served in the Korean War. Both Schwab and Weinstein’s families currently reside in Kansas.
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Sen. Moran: More Broken Obamacare Promises for Seniors
"Democrats and President Obama passed the Affordable Care Act knowing that it would cut Medicare Advantage, and today's regulations confirm their plan. Many seniors with these plans will now face losing their doctors, reduced plan options, limited benefits, and higher out-of-pocket costs."
Feb 21 2014
Washington, D.C. – Today, U.S. Senator Jerry Moran (R-Kan.), released the following statement regarding the Obama Administration’s intention to make further Obamacare-mandated cuts to Medicare Advantage, the health care program used by nearly 15 million seniors nationwide:
“The President promised his health care law would allow anyone who liked their health care coverage to keep it. Today, on top of the five million Americans who already received cancellation notices, this law breaks that promise for seniors as well. Democrats and President Obama passed the Affordable Care Act knowing that it would cut Medicare Advantage, and today’s regulations confirm their plan. Many seniors with these plans will now face losing their doctors, reduced plan options, limited benefits, and higher out-of-pocket costs. Unfortunately, this is Obamacare working just as its authors expected, which is why it needs to be replaced with policies that offer better care and value to our seniors.”
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WASHINGTON, D.C. – Today, U.S. Senator Jerry Moran (R-Kan.) announced that the U.S. Department of Agriculture (USDA) will provide additional assistance to help farmers, ranchers and residents affected by severe drought thanks to livestock disaster programs reauthorized in the 2014 Farm Bill. On the heels of a request made by Sen. Moran and a bipartisan group of senators to Agriculture Secretary Tom Vilsack, USDA will expedite implementation of the 2014 Farm Bill livestock disaster assistance programs and plans to have the programs available for sign up by April 15, 2014.
"I am pleased Secretary Vilsack responded to our appeals for assistance so quickly and will now expedite implementation of the livestock disaster programs reauthorized in the 2014 Farm Bill,” Sen. Moran said. “During a time when producers are still grappling with the devastating effects of drought, the passage of the Farm Bill made certain long-awaited disaster assistance will continue to be available for producers in need. These programs will aid farmers and ranchers in the affected counties, and enable agricultural operations to continue across our state."
In a letter to Sec. Vilsack on Feb. 5, 2014, Sen. Moran, along with Senators John Thune (R-S.D.), Heidi Heitkamp (D-N.D.) and a bipartisan group of senators, wrote: “In 2012, U.S. grazing livestock producers experienced the most devastating loss of pasture, rangeland and forage in decades due to the widespread drought, which resulted in more than 80 percent of all U.S. counties determined as ‘abnormally’ to ‘exceptionally’ dry by the U.S. Drought Monitor. By August 2012, you had designated more than 1,400 counties in 33 states as disaster counties due to drought...Due to the magnitude of pasture, forage and livestock losses and the urgent need for financial assistance these losses have created, we strongly urge you to place implementation of 2014 Farm Bill livestock disaster programs as a top priority.”
As USDA begins implementing disaster assistance programs, producers should record all pertinent information of natural disaster consequences, including:
- Documentation of the number and kind of livestock that have died, supplemented if possible by photographs or video records of ownership and losses;
- Dates of death supported by birth recordings or purchase receipts;
- Costs of transporting livestock to safer grounds or to move animals to new pastures;
- Feed purchases if supplies or grazing pastures are destroyed;
- Crop records, including seed and fertilizer purchases, planting and production records;
- Pictures of on-farm storage facilities that were destroyed by wind or flood waters; and
- Evidence of damaged farm land.
For more information about today’s announcements, visit the USDA drought resource page at www.usda.gov/drought.
The text of the senators’ Feb. 5 letter to Sec. Vilsack follows:
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February 5, 2014
Secretary Tom Vilsack
U.S. Department of Agriculture
1400 Independence Ave., SW
Washington, D.C. 20250
Dear Secretary Vilsack:
We write regarding the urgent need for the U.S. Department of Agriculture (USDA) to expedite implementation of the livestock disaster programs reauthorized in the 2014 Farm Bill.
In 2012, U.S. grazing livestock producers experienced the most devastating loss of pasture, rangeland and forage in decades due to the widespread drought, which resulted in more than 80 percent of all U.S. counties determined as “abnormally” to “exceptionally” dry by the U.S. Drought Monitor. By August 2012, you had designated more than 1,400 counties in 33 states as disaster counties due to drought. Much-needed financial assistance to cover a portion of these losses will be available to eligible livestock producers under the 2014 Farm Bill’s reauthorized Livestock Forage Disaster Program (LFP).
In October 2013, winter storm Atlas, an unexpected early fall blizzard, killed more than 20,000 cattle, sheep, horses and bison in the Dakotas and Nebraska, leaving many livestock producers with less than 50 percent of their livestock herds surviving. The 2014 Farm Bill’s Livestock Indemnity Program (LIP) is the only economic assistance available to most of these livestock producers, who, without it, will be unable to adequately rebuild their herds and sustain their ranching operations.
The 2008 Farm Bill Disaster Title authorized and funded the LFP, LIP, and other disaster programs, for which USDA published regulations, developed policy and software, and implemented. These programs and their funding authorization expired September 30, 2011.
Final passage of the 2008 Farm Bill occurred on June 18, 2008. LIP signup began July 13, 2009, which was one year and 25 days after final passage of the 2008 Farm Bill. LFP signup began September 14, 2009, which was one year, two months and 27 days after final passage of the 2008 Farm Bill.
The LIP and LFP policies and program parameters included in the 2014 Farm Bill changed very little from the LIP and LFP authorized in the 2008 Farm Bill, with changes including minor adjustments to payment rates in both programs. Additionally, these programs remained nearly identical in both Senate and House Farm Bills throughout Agriculture Committee consideration and passage on the Senate and House floor.
Because LFP uses the U.S. Drought Monitor to determine county eligibility and whether payments will be made for one, two, or the maximum of three months, this eligibility information should already be determined by USDA for 2012 and 2013 losses.
Due to the magnitude of pasture, forage, and livestock losses and the urgent need for financial assistance these losses have created, we strongly urge you to place implementation of 2014 Farm Bill livestock disaster programs as a top priority. Considering the similarities of the 2008 and 2014 Farm Bill LIP and LFP, it is our expectation and request that USDA implement these programs within a much shorter timeframe than it did after passage of the 2008 Farm Bill.
We request that you provide us with the current status of LIP and LFP implementation including the timeframe for policy and software development, rulemaking, signup, and issuance of payments by February 14, 2014. Our livestock producers and their lenders need this information so they can plan accordingly.
Thank you for your timely response to this request, and we look forward to working with you as USDA implements this Farm Bill.
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Sen. Moran on Debt Limit: Enough is Enough
"Enough is enough. I will not vote to increase the debt limit. I cannot support continuing the pattern of fiscal irresponsibility that has become the norm in Washington."
Feb 11 2014
Washington, D.C. – U.S. Senator Jerry Moran (R-Kan.) today issued the statement below following the U.S. House of Representatives’ passage of a "clean" increase of the debt limit from its current $17.3 trillion level:
"The debt limit serves an important purpose. Congress’s borrowing power is firmly rooted in our Constitution, and the debt limit is Congress’s most important tool to force action on reining in our soaring national debt. Unfortunately, President Obama has once again asked Congress to abdicate responsibility and raise the debt limit without a serious plan to reduce our national debt. Enough is enough. I will not vote to increase the debt limit. I cannot support continuing the pattern of fiscal irresponsibility that has become the norm in Washington.
"This is the eighth time the President has asked Congress to raise the debt limit. The nonpartisan Congressional Budget Office now projects that by the end of his second term, President Obama will have seen the national debt increase by about $8.5 trillion. Some say it is irresponsible to not raise the debt ceiling, but in my view it’s irresponsible to raise the debt ceiling without serious changes to the way Washington spends money.
"When Kansas families and businesses reach their credit limit, they don’t get an automatic increase to keep on spending. They cut back and adjust their budget. Each time Congress raises the debt ceiling without substantial reductions in spending, it is a dangerous threat to job creation, economic growth and our children’s ability to pursue the American Dream. The time to correct our failures is now. The consequences of failing to tackle our debt crisis will be far greater than failing to raise the debt ceiling."
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WASHINGTON, D.C. – Last night, the Senate passed S. 1954, bipartisan legislation offered by U.S. Senator Jerry Moran (R-Kan.) to prevent the Centers for Medicare and Medicaid Services (CMS) from enforcing its unreasonable and inflexible direct supervision rules for outpatient therapy services at Critical Access Hospitals (CAH) and other small, rural hospitals in 2014.
"CMS imposing such an unrealistic and clinically unnecessary supervision policy jeopardizes patients’ access to important therapy services in rural communities in Kansas and across the country," Sen. Moran said. "This one-year enforcement delay is needed because many Kansas hospitals are considering cutting services for their patients or limiting hours of operation in order to comply with this inflexible regulation. Congress needs to direct CMS to implement a reasonable policy that more adequately reflects the realities of providing care in rural areas."
In its 2009 outpatient payment rule, CMS mandated a new policy for “direct supervision” of outpatient therapeutic services. Outpatient therapeutic services include services such as drug infusions, blood transfusions, outpatient psychiatric services, wound debridement, and cardiac and pulmonary rehabilitation services. CMS’ policy required that a supervising physician be physically present in the hospital department at all times when Medicare beneficiaries receive outpatient therapy services. Even though it was a significant shift in policy, CMS characterized the change as a “restatement and clarification” of existing policy in place since 2001. In response to concerns of health care providers and policymakers, CMS delayed enforcement of the direct supervision policy through 2013 for CAHs and small and rural hospitals with fewer than 100 beds. However, in its 2014 outpatient payment rule, CMS ended this enforcement moratorium.
S. 1954, cosponsored by Sen. Jon Tester (D-Mont.) and Sen. John Thune (R-S.D.), reinstates this enforcement moratorium for 2014 to ensure CAHs and other rural hospitals in Kansas can continue providing patients with a full range of outpatient therapy services in hospitals in their own communities. Click here to read the full text of the legislation.
In June 2013, Sen. Moran introduced S. 1143, the Protecting Access to Rural Therapy Services (PARTS) Act, to address this therapy supervision issue on a permanent basis. Click here to read a summary of the PARTS Act.
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Sen. Moran Joins Colleagues in Introducing Bill to Prevent IRS Targeting, Preserve Free Speech
Feb 11 2014
WASHINGTON, D.C. – U.S. Senator Jerry Moran (R-Kan.) joined U.S. Senators Jeff Flake (R-Ariz.) and Pat Roberts (R-Kan.) today in introducing S. 2011, the Stop Targeting of Political Beliefs by the Internal Revenue Service (IRS) Act.
“The politicization of the IRS is not a conservative or liberal issue, and this legislation would put a stop to the blatant targeting of political beliefs,” Sen. Moran said. “No matter your political stripes, targeting nonprofit groups is terribly damaging to our Democracy. Every American should expect even-handed treatment by the Internal Revenue Service – and that clearly is not the IRS we have.”
The new IRS rule seeks to broadly expand the definition of “candidate-related political activity” for all 501(c)(4) nonprofit organizations. Under this definition, social welfare organizations would face limitations on their participation in a wide range of activities, such as get-out-the-vote efforts, voter registration and education, any communication that mentions a political candidate or party, and any events in which a candidate participates.
S. 2011 would delay the proposed IRS rule for one year, as well as prevent additional targeting of 501(c)(4) organizations by restoring the IRS 501(c)(4) standards and definitions that were in place before the start of the agency’s targeting of conservative groups in 2010.
Background: On Nov. 29, 2013, the Department of Treasury published a proposed IRS rule that would broadly define 501(c)(4) political activity to include voter registration, voter education, communications that mention a candidate or party, grants to 527s, and events in which a candidate participates, among other activities. Even non-partisan activities would be limited. The regulations specifically single out 501(c)(4) organizations, and do not apply to other nonprofit organizations such as charities, labor unions or trade associations.
The administration has already faced harsh criticism for earlier attempts by the IRS to target these same organizations. On May 14, 2013, the Treasury’s inspector general for tax administration released a report finding that the IRS had inappropriately targeted and applied excessive scrutiny to the applications of conservative groups applying for 501(c)(4) tax-exempt status. Several IRS employees, including the acting commissioner, resigned as a result of the scandal. Investigations by the House of Representatives, the Senate and the Department of Justice are ongoing.
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Sen. Moran Statement on Obama Administration's Latest Obamacare Change
"The Administration can't delay away the devastating effects of his law...The true issue is the flawed underlying basis for the provisions of the law: the idea that the government must determine what coverage is acceptable for Americans, regardless of what Americans want for themselves."
Feb 10 2014
WASHINGTON, D.C. – Today, U.S. Senator Jerry Moran (R-Kan.) released the following statement on the Obama Administration’s latest delay of the Affordable Care Act (ACA) employer mandate:
“The President continues to ignore the reality of how damaging Obamacare is for American individuals and families. The Administration can’t delay away the devastating effects of his law. Following the report last week from the nonpartisan Congressional Budget Office confirming that his signature legislative accomplishment is causing even more damage to our economy than previously forecasted, the President is again acting without Congress to unilaterally change the law in order to give Democrats political cover in an election season.
“Obamacare’s problems run much deeper than a poorly-functioning website and badly-executed implementation. The true issue is the flawed underlying basis for the provisions of the law: the idea that the government must determine what coverage is acceptable for Americans, regardless of what Americans want for themselves. I believe the entire law should be repealed to protect individuals, families and businesses from the disasters created by Obamacare. We must replace it with practical reforms that are workable and will actually reduce health care costs.”
The further delay of the employer mandate is just the latest in a series of delays, miscalculations and policy shifts by the president on his signature domestic legislation. Implementation of the ACA has not lowered costs or increased access as promised. Individuals, families and employers face increasing health insurance costs, new taxes overseen by a politically-biased IRS, burdensome mandates, and massive uncertainty because of this flawed law.
In a report released last week, the CBO found that the health care law would lead some workers – particularly those with lower incomes – to limit their hours to avoid losing federal subsidies that Obamacare provides to help pay for health insurance and other health care costs. The CBO estimates the decrease in hours worked “translates to a reduction in full-time-equivalent employment of about 2.0 million in 2017, rising to about 2.5 million in 2024, compared with what would have occurred in the absence of the ACA.” The CBO earlier predicted 800,000 fewer fulltime jobs by 2021. CBO’s analysis also echoes the concerns of numerous job creating businesses in Kansas and across the country who say the costs of this mandate will decrease their business’ demand for workers – resulting in wage cuts and hour reductions for their employees.
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