S4706 CONGRESSIONAL RECORD — SENATE July 9, 2019 families if Washington mostly stays season. Some are hit by balls; others on all 30 Major League Baseball teams out of the way. are injured trying to escape being hit to extend the protective netting to the We needed the Federal Government by a ball. This is far too many. right- and left-field corners. to stop creating so many economic On May 29, a 2-year-old girl was hit Folks who complain that extending headwinds and start creating a few by a foul ball at Houston’s Minute the safety netting to the foul poles will tailwinds. So we achieved historic tax Maid Park. She suffered bleeding, create an obstructed view ignore the reform, major regulatory reform, and bruises, and brain contusions from the obvious—right now, the most expensive all kinds of economic policies geared ball’s impact. Her skull was fractured. seats in baseball are behind the nets, toward helping workers and middle- She continues to suffer seizures. and people don’t complain. It is some- class families earn more and then send What makes her injuries even more thing you get used to, and you can get less to the IRS. disturbing is that they likely could used to the safety of it as well. We The way Republicans see it, these have been prevented had the safety should be reminded that the most ex- ideas are actually no-brainers. So as netting behind homeplate been ex- pensive and popular seats have been be- long as you believe in the promise and tended. hind netting for decades. potential of American workers and Cubs outfielder Albert Almora, who In 2002, a 13-year-old girl named small businesses, this is clearly the hit the ball, was so devastated by the Brittanie Cecil died after being struck way to go, and the results continue to little girl’s injuries that he could bare- in the head by a hockey puck at a Na- speak for themselves. ly speak. One will never forget the tional Hockey League game in Colum- image of his head bowed, crying, when bus, OH. The National Hockey League f he saw the damage that was done to responded quickly, ordering protective RESERVATION OF LEADER TIME this innocent little 2-year-old girl by a netting behind the goal. Major League The PRESIDING OFFICER. Under foul ball that he hit. Baseball should show equal concern for the previous order, the leadership time What did he say afterward? ‘‘I want its fans. is reserved. to put a net around the whole sta- Ensuring the safety of fans at base- dium.’’ ball stadiums is a tradition that f In the weeks following, we have seen stretches back to 1879, when the Provi- CONCLUSION OF MORNING more injuries in the stands. On June 10, dence Grays put up a screen behind BUSINESS a woman was struck by a line drive at homeplate to shield fans from the area Guaranteed Rate Field in Chicago. Two that was called ‘‘the slaughter pen’’ at The PRESIDING OFFICER. Morning weeks later, a young woman was hit by that time. business is closed. a foul ball at Dodger Stadium in Los The increasing number of fans hit by f Angeles. balls makes it clear that new safety EXECUTIVE SESSION A survey by the polling organization standards are needed at ballparks. FiveThirtyEight found that 14,000 more Today, we will see Major League foul balls were hit in 2018 than 1998, and Baseball’s finest players at the All- EXECUTIVE CALENDAR there is just no way—no way—for fans Star game. Baseball fans deserve the to entirely protect themselves. Here best too. I urge Commissioner Manfred The PRESIDING OFFICER. Under come these baseballs at 105 miles an and all baseball teams to extend safety the previous order, the Senate will pro- hour off the bat. Even if you are watch- netting at Major League Baseball ceed to executive session and resume ing it intently, you just can’t protect parks to the foul poles. Let’s not wait consideration of the following nomina- yourself or the people you love who are until next season. Increasing fan safety tion, which the clerk will report. watching the game with you. Bryant is a win for everyone. The senior assistant legislative clerk Gumbel made that point on his cable PRESCRIPTION DRUG COSTS read the nomination of Daniel Aaron TV show on this very subject. Madam President, if you ask the Bress, of California, to be United If fans can’t do more, baseball teams American people about issues they States Circuit Judge for the Ninth Cir- can. In 2017, after a child was hit by a truly care about, let them volunteer cuit. line drive at Yankee Stadium in New what they think about, what they The PRESIDING OFFICER. The Sen- York, I wrote a letter to Major League worry about, the No. 1 item on the list ator from Illinois. Baseball commissioner Rob Manfred. I is the cost of prescription drugs. MAJOR LEAGUE BASEBALL PARK SAFETY urged the league to extend safety net- We all know the problem. You reach Mr. DURBIN. Madam President, if ting at all Major League Baseball sta- a point where you need a drug or some- you are a baseball fan, and many of us diums past the home plate to the far one in your family needs a drug, and are, this is a big day—the day of the edge of each dugout. To their credit, then you face the reality of what it is All-Star game. the league did exactly that. going to cost. If you are lucky, and you I would like to spend just a few mo- It is now clear, however, that is not have a good health insurance plan, it ments reflecting on an important issue enough. The little girl at Minute Maid covers the cost—no worries—but for for the fans of baseball across America. Park was 10 feet beyond current net- many people, that is not the case. They Thirty-five million people every year ting. have copays and deductibles or some- enjoy one of America’s great summer In June, the Chicago White Sox be- times no real coverage when it comes experiences—seeing a game at a Major came the first Major League Baseball to the cost of prescription drugs. League Baseball park. Fans join their team to announce it is going to extend Of course, the prices of these drugs friends and family to eat hot dogs, netting to the foul poles. Let me tip are way beyond our control. You go to nachos, peanuts, and so much more. We my hat to Jerry Reinsdorf, the owner a drugstore, and you are shocked to sing the national anthem together at of the Chicago White Sox, for leading learn that what sounded like a great the start of the game and ‘‘Take Me the way with this safety measure. The idea in the doctor’s office turns out to Out to the Ball Game’’ at the seventh Washington Nationals, the Texas Rang- be a very expensive idea at the cash inning stretch, a tradition started by a ers, and the Pittsburgh Pirates are all register. For some people, it is an in- man named Harry Caray in a place planning to do the same, and the Los convenience, an annoyance, but for called Wrigley Field. Angeles Dodgers are conducting a other people, it is a burden they just Some—the more dedicated fans— study before making a protective strat- can’t bear. They can’t pay the cost. It keep scorecards of home runs, RBIs, egy permanent. is just too much. and earned run averages. Sadly, there I commend all these clubs for their Some of these drugs are just not is another statistic that has been see- leadership and commitment to fan minor additions to your life; they may ing more and more attention lately— safety, but I think we need more. We be matters of life and death. In those injuries to fans. need a leaguewide standard. circumstances, what are you to do? A Bloomberg report from 2014 esti- Last month, my colleague from Illi- I am reminded of people I have met mated 1,750 fans suffer injuries in nois, Senator TAMMY DUCKWORTH, and I across my State of Illinois as I have Major League Baseball parks every wrote to Commissioner Manfred calling talked about this issue. One group

VerDate Sep 11 2014 23:35 Jul 09, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.002 S09JYPT1 July 9, 2019 CONGRESSIONAL RECORD — SENATE S4707 stands out because there are many of GRASSLEY last year. Think about this. has to tell the cost of the drug. Well, them—people who are suffering from Have you ever seen an ad for drugs on that is progress—a rule in that direc- diabetes. television? If your answer is no, it is tion. Of course, they know that using insu- because you obviously don’t own a tele- Do you know what happened yester- lin and taking care of themselves is the vision. You can’t turn it on without day? In a Federal court hearing in way to have a good, normal life, but it seeing a drug ad, right? And if you Washington, the judge struck down turns out that the cost of insulin has watch during the day, when many sen- that rule. The judge said: Congress, gone up dramatically. iors are watching, it is one after the you haven’t given this administration Did you know that insulin was dis- other after the other. or any administration the authority to covered in Canada almost 100 years I have said with amusement here we do that on its own. You have to change ago? The researchers who discovered have even reached the point at which the law, giving it the authority, or you this drug—this life-saving drug for dia- we can not only pronounce but spell have to change the law itself to require betes—said at the time that they were the word XARELTO. We see those ads the disclosure of drug pricing. Does it going to surrender their legal patent so often for XARELTO and HUMIRA sound like a radical idea to people that rights to sell the drug for $1, give it and so many other things that they we would disclose to them how much away for $1. Do you know why? They just bombard us. Why? They bombard these drugs cost in the drug adver- said it was because no one should make us with these ads in the hope that con- tising itself? It isn’t unusual for people a profit on a life-or-death drug. That sumers watching those TV ads will go to list the cost of items we buy every was almost 100 years ago. But what are to the doctor and say: Doctor, I need day. When it comes to lifesaving drugs, we faced with today? We are faced with XARELTO. shouldn’t we have that disclosure as a dramatic increase in the cost of insu- Well, XARELTO is a blood thinner. well? Well, I hope we will. I hope this lin, a life-or-death drug. There are other alternatives that are bill that is coming to the floor will I have sat down with parents and much cheaper. But if you ask for that consider that as well as several other their children and talked about what high-priced prescription drug and the aspects when it comes to prescription they go through to have enough insulin doctor doesn’t want to get in a debate drug pricing. so that their diabetic daughter can sur- with you and puts it on the prescrip- For example, did you know that the vive. It is incredible. Mothers in retire- tion pad, guess what you have just Veterans Administration, on behalf of ment go back to work to take a job to done. You may have the right drug for the men and women who have served pay for the daughter’s insulin. you at the moment—maybe—but you our country, actually negotiated with The cost of insulin has gone up dra- may have just added to the cost of the pharmaceutical companies to have matically. In 1999, Humalog—a very healthcare by putting the most expen- lower prices for the drugs that are used common form of insulin made by Eli sive drug out as an option when an- in VA hospitals and clinics? They sit Lilly—ran about $39 a vial. What has other form would work just as well. down with these same drug companies happened to the cost of that drug in 20 In all of the things they tell you and negotiate lower prices for our vet- years? It has gone up to $329, a dra- about these ads, some of the things I erans. Good. Our veterans deserve it. matic increase on a drug that was dis- think are the most amazing and amus- But why won’t our Federal Govern- covered 100 years ago. ing are claims like this: If you are al- ment negotiate for those who are under At the same time, Eli Lilly is selling lergic to XARELTO, don’t take Medicare? Why can’t we use the same that drug in Canada for $39—$329 in the XARELTO. Excuse me. How will I drug formulary and pricing for the VA United States. Why? Because the Cana- know I am allergic to it? After I take when it comes to Medicare? If we want dian Government has said to Eli Lilly: it, maybe. to give our veterans a break—and we That is the most you can charge in our Those sorts of things and warnings should—why wouldn’t we give our sen- country. We are going to fight for the about suicide and death and everything iors a break? people who live in Canada to have af- else come at us, but there is one thing I think we ought to have negotiated fordable drugs. that isn’t included in those drug ads— pricing in Medicare. I think the drug Let me ask an obvious question. Who one very basic thing. Excuse me, Eli companies will get along just fine. In- is going to fight in the United States Lilly; excuse me, Sanofi. How much cidentally, they are pretty profitable for affordable drugs for our people, for does this cost? They don’t tell you be- today. If we had that commitment for those sons and daughters with diabe- cause it is shocking sometimes for renegotiating for Medicare, it could tes—and not just for diabetes but so them to tell you that some of these make a difference. many other conditions for which life- drugs cost thousands of dollars, and I also think we ought to take on this and-death drugs are now being priced perhaps getting rid of that little red insulin issue head-on—head-on. A story way beyond the reach of ordinary patch on your elbow of psoriasis will on ‘‘60 Minutes’’ recently was about a Americans? Do you know who is sup- not be worth $5,000 a month if you heartbroken mother from Minnesota posed to fight? We are supposed to know the price. whose son was on her health insurance fight for it. That is why we were sent So Senator GRASSLEY and I put this plan under ObamaCare until he reached here—Members of the U.S. Senate and in the bill last year and passed it in the the age of 26. Then he was on his own. the House of Representatives—to pass Senate. How about that? It happens so He was managing a restaurant. He legislation to bring these under con- rarely around here. We passed in the didn’t have drug coverage, and he was trol. Senate a bill that required the drug diabetic. He couldn’t afford to pay the Now we have legislation coming for- companies to disclose the actual list thousand dollars that was being ward from the Senate HELP Com- price that they list for the cost of the charged for his insulin, so he decided to mittee on the issue of healthcare, and drug. It passed the Senate, and it got ration the dosage himself. It cost him many of us had hoped that committee killed in a conference with the House his life. He, unfortunately, died be- would use this opportunity to put in when the pharmaceutical companies cause he couldn’t afford enough insulin provisions to bring the cost of prescrip- came in and said: We don’t want to tell at the high prices that are currently tion drugs under control. Unfortu- anybody what these drugs cost. being charged. nately, with only one exception, the Then I got an interesting call from We can change that. We can come to bill is silent on the major issues. the Trump administration. Notice, I the side of consumers across America, The measures coming out of the Sen- am on the Democratic side of the aisle, to families who are trying to keep ate Judiciary Committee, where I so I was surprised. Dr. Azar from their kids alive, and many others. We serve, don’t go to the heart of the mat- Health and Human Services called me can do that because we work in a place ter. They really will not make a big and said: We like your bill. The Presi- called the U.S. Senate, but in order to difference on the insulin scandal that dent wants to make your bill the law, do that, we have to act like Senators. we are now facing or on the cost of so we are going to pass a rule that re- We have to say to the pharmaceutical drugs in general. quires drug companies to disclose the companies: I am sorry, but there comes I had a simple measure that I intro- cost of pharmaceutical drugs on their a point where you have pushed it way duced with Republican Senator CHUCK ads. Direct-to-consumer advertising too far. There comes a point where we

VerDate Sep 11 2014 23:35 Jul 09, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.003 S09JYPT1 S4708 CONGRESSIONAL RECORD — SENATE July 9, 2019 have to step in on behalf of families U.S. WOMEN’S WORLD CUP VICTORY Accordingly, I am asking three and consumers in America and speak Mr. SCHUMER. Madam President, things. First, I am calling on Secretary up on their behalf. Watch closely to see yesterday, I sent a letter to U.S. soccer Acosta to resign. It is now impossible if that happens. that officially invited the U.S. women’s for anyone to have confidence in Sec- The gentleman who was on the floor, soccer team to come to the Senate to retary Acosta’s ability to lead the De- my colleague from Kentucky, will be celebrate their outstanding World Cup partment of Labor. If he refuses to re- the person who will decide that. Sen- victory. Happily, I heard last night sign, President Trump should fire him. ator MCCONNELL will decide whether that Megan Rapinoe, one of the team’s Instead of prosecuting a predator and we are going to challenge the pharma- cocaptains and stars of the tour- serial sex trafficker of children, Acosta ceutical companies this year. nament, has accepted our invitation. I chose to let him off easy. Do you remember how I started? It is greatly look forward to scheduling a This is not acceptable. We cannot the No. 1 issue that American families time when these inspiring women can have as one of the leading appointed of- volunteer to us. So is it important? come to the Nation’s Capital. ficials in America someone who has What they have accomplished on and Yes. Secondly, will it make a dif- done this—plain and simple. off the pitch is a credit to our Nation. Second, I am calling on the Depart- ference? You bet—not just in Illinois Millions of young girls and young boys ment of Justice’s Office of Professional but I bet in Kentucky as well. Many a look up to these players. Millions of Responsibility to make public the re- family can step forward and talk about women, sports fans or not, admire the sults of its review of Acosta’s handling how tough it is to pay for these pre- light they have shown on the dispari- of the Epstein case. Senators MURRAY scription drugs. ties between the men’s and women’s and KAINE have called for these find- Do we have a chance to do it? You game—part of a broader fight for equal ings, but the Justice Department so far bet we do. There is a series of bills treatment and fair pay in the work- has stonewalled, has refused to make coming out of committee in the next place for all women. them public. This rebuke cannot be couple of weeks. We could bring this to I believe it would be a fitting tribute kept in the dark, and there should be the floor of the Senate. Wouldn’t that to this great women’s soccer team to hearings. be amazing if the U.S. Senate, instead bring legislation to the Senate floor Third, the President needs to answer of doing a handful of nominations of that would make it easier for women to for the statements he has made about people you have never heard of, ended get equal pay in the workplace. The his relationship with Mr. Epstein. In up actually passing a bill, making a House has already passed a bill to do 2002, he said he had known Epstein for law that addresses the issue of pre- just that. I call on Leader MCCONNELL, 15 years and that he was a ‘‘terrific scription drug pricing in America? again, to bring that bill to the floor of guy’’ who enjoyed women ‘‘on the That, to me, is a reason we were sent the Senate, particularly in light of the younger side.’’ Epstein was also report- here. great victory of the women’s team and edly a regular at the Mar-a-Lago Club What I would like to see and hope to the knowledge that they get paid much for years. The President needs to an- see is a bipartisan effort. We Demo- less than the men, even though they swer for this, and ‘‘I don’t recall’’ is crats are ready to stand up, but there work just as hard and bring, at least in not an acceptable answer in this case, are certain things we believe in. First, recent years, even greater glory to the particularly since President Trump ap- we believe in keeping the Affordable United States. pointed Mr. Acosta to such a powerful Care Act on the books. People with Wouldn’t it be great if we could pass position. preexisting conditions shouldn’t be dis- that bill while the women’s national HEALTHCARE criminated against. Families ought to team is visiting the Chamber? Madam President, on healthcare, be able to keep their kids on their Wouldn’t that send a powerful message today oral arguments begin in Texas v. health insurance plans until kids reach of our commitment to rooting out dis- United States, and the fate of our en- the age of 26. We are willing to fight for crimination everywhere? tire healthcare system hangs in the that even though this week there is a I urge Leader MCCONNELL to consider balance due to this nasty, cruel lawsuit lawsuit by the Trump administration it. Right now that bill lies in Leader led by President Trump’s Department to do away with it. MCCONNELL’s all-too-full legislative of Justice. If the courts ultimately Secondly, we believe we should nego- graveyard. Perhaps this great victory strike down the law, the healthcare of tiate prices under Medicare so that might spring it free so that we could do tens of millions of Americans would be seniors get the price breaks that our something for women’s equality. gone—gone. Prescription drug costs, veterans get today and many others do JEFFREY EPSTEIN high enough as they are, would go up too. Madam President, on a much less even further. Protections for pre- Third, we need to do something about happy note, this week, billionaire Jef- existing conditions that affect more the overpricing by these drug compa- frey Epstein was indicted in New York than 100 million Americans would be nies, not just price disclosure on the on Federal sex trafficking charges. The eliminated. A mother or father whose ads but changing the patent laws to newly released evidence of Epstein’s child had cancer would have to watch give American consumers a fighting behavior involving dozens of children is them suffer because the insurance com- chance. Canada is fighting for Cana- sickening, is appalling, is despicable. pany could cut them off and say: We dians. When is America going to fight Epstein should have been behind bars are not paying for this anymore. for Americans? years ago, but, unfortunately, the Sec- We cannot tolerate that. Yet Presi- When it comes to pharmaceutical retary of Labor, Alex Acosta, cut Ep- dent Trump and his administration and prices, this is our chance to do it, and stein a sweetheart deal while Acosta 19 Republican attorneys general filed a we can get it done in the next 2 weeks. was a U.S. attorney in Florida in 2008. suit that would do just that. Who will decide that? The majority While a Federal prosecutor, Acosta The case reveals the depth of the hy- signed a nonprosecution agreement pocrisy and cruelty of the Republican leader from Kentucky, MITCH MCCON- that allowed Epstein and his co- position on healthcare. Senate Repub- NELL. He will decide whether this conspirators to remain free and evade licans, come campaign season, express comes to the floor, whether it is impor- justice, despite overwhelming evidence. unequivocal support for protections for tant enough to the people living in Mr. Acosta hid this agreement from preexisting conditions, but they have Kentucky, Illinois, New York, Mis- Epstein’s victims. No one can figure repeatedly blocked our attempts to sissippi, or wherever. It is his choice. It out why Mr. Epstein was able to per- have the Senate intervene in this law- is in his power to make that decision. suade U.S. Attorney Acosta not to suit and fight back against the Trump I hope the American people will reach prosecute, other than that Epstein administration’s position, which out to him to encourage him to do could afford high-powered, high-priced threatens to eliminate these very same that. attorneys. As the Miami Herald edi- protections. I yield the floor. torial board wrote this morning, it was I say to my Republican friends: You RECOGNITION OF THE MINORITY LEADER not just that Acosta failed to get it can’t have it both ways. You can’t say The PRESIDING OFFICER. The right in 2008; the evidence suggests ‘‘he ‘‘Oh, I want to protect people with pre- Democratic leader is recognized. didn’t care to.’’ existing conditions,’’ and then prevent

VerDate Sep 11 2014 23:35 Jul 09, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.005 S09JYPT1 July 9, 2019 CONGRESSIONAL RECORD — SENATE S4709 us from doing something to actually Bipartisan bills exist. We could put in freedom of the press. Dictators—dic- protect them. Instead, they are going them on the floor right now. This is tators—shut down the press and try to along, knees shaking, with President not a partisan issue. Senators RUBIO shame the press when they speak truth Trump’s cruel lawsuit, and that is what and VAN HOLLEN have the DETER Act. to power, which is what our President every Republican in this Chamber— Senators MENENDEZ and GRAHAM have has done in all the years of this Repub- just about every Republican—has done. the Russia sanctions bill. But all of lic. President Trump has himself issued— these bills have languished, victims of When President Trump can even at- also totally hypocritical—a laundry Leader MCCONNELL’s legislative grave- tack FOX News because once in a blue list of quotes in support of protections yard. We have many more options Moon it says something he doesn’t for preexisting conditions. He talks all when it comes to election security— like, that shows he doesn’t really de- the time about bringing down prescrip- legislation from Senators KLOBUCHAR serve to be President because a Presi- tion drug costs while his administra- and WARNER, FEINSTEIN and WYDEN, dent must protect our liberties wheth- tion actively pursues this lawsuit, BLUMENTHAL and many others. It is er or not he is under fire. which would raise the cost of drugs and time we move on these bills. As we con- I yield the floor. eliminate protections for preexisting tinue to negotiate appropriations bills, I suggest the absence of a quorum. conditions. we should include significant resources The PRESIDING OFFICER. The How much hypocrisy can America for election security. Nothing less than clerk will call the roll. tolerate? It is mind-bending. The hy- the vitality of and faith in our democ- The senior assistant legislative clerk pocrisy is patently obvious. I don’t racy is at stake. proceeded to call the roll. care if you love President Trump. You There are not two sides to this issue. Mr. COTTON. Madam President, I should be calling him out for this hy- A foreign adversary attacked our de- ask unanimous consent that the order pocrisy, which will affect the vitality— mocracy. I expect that Special Counsel for the quorum call be rescinded. God’s most precious gift to us—the Mueller’s testimony next week will The PRESIDING OFFICER. Without ability to live long and healthy and highlight once again that Russia’s ef- objection, it is so ordered. well. President Trump is trying to take forts to interfere in our democracy REMEMBERING RIVER NIMMO it away, despite what he says to you, were sweeping and systematic. Mr. COTTON. Madam President, I Trump supporters. What are we waiting for? What are want to call your attention to a story Senate Democrats will head to the we waiting for—for them to interfere that is tragic but also heartwarming steps of the Capitol to highlight what again and for more Americans, whether and uplifting. this lawsuit could mean to average they be Republican or Democrat or Honorary Colonel River ‘‘Oakley’’ Americans. My Republican friends Independent, left, right, or center, to Nimmo of Camden, AR, passed away should take note. The American people no longer believe this democracy is last month at the age of 5 after a pro- are keenly aware of which party is try- legit? For 243 years, since the Declara- tracted struggle with his enemy, a rare ing to take away their healthcare. tion of Independence and certainly form of cancer called neuroblastoma. Even if it happens through the courts since the signing of the Constitution a Oakley’s family remembers him as a in this Trump-supported lawsuit, they few years later, we have had faith in ‘‘sweet, brave boy’’ who liked to play will know that congressional Repub- this democracy, even when the out- with power wheels and toy guns, but all licans, by their silence—their meek, come isn’t what we want. But that those who knew him or who have supine acquiescence—are complicit in faith is already eroding in good part learned about him will remember Oak- the unraveling of our healthcare sys- because foreign powers can interfere in ley for an act of service that perhaps tem. I believe the American people will our elections. We cannot—we cannot— hold them accountable at the ballot only a child could perform. let that happen, no matter who you Oakley wanted to be an Army man box if they don’t change. are, what your politics are. But Leader when he grew up. Even in the advanced ELECTION SECURITY MCCONNELL is standing in the way of stages of his fight with cancer, you Madam President, on election secu- what could eat at the roots of our de- would find him at the hospital wearing rity, tomorrow the Senate will gather mocracy and eventually make this camouflage fatigues and a helmet, with for a briefing by senior officials of the mighty oak, the American experiment, his trusty rifle by his side and a smile defense, law enforcement, and intel- fall. We don’t want that to happen. on his face. ligence community on the threats fac- The briefing tomorrow is a good step, Oakley fought his cancer valiantly, ing our elections in 2020. but it is only one step. We need to take Russia has interfered in our elec- going above and beyond the call of more. We need to act, to prepare our tions. Everyone agrees with that. Our duty. He was strengthened along the democracy for the challenges ahead. administration is doing nothing to stop way by his Arkansas neighbors, who it from occurring again in 2020, so we FOX NEWS held yard sales and sold bracelets to need a briefing by law enforcement on Madam President, I felt it was impor- help the Nimmo family pay for his how serious the threat is—they have tant to point this one out: President care. He was also supported by 20,000 said ‘‘serious’’ in public statements— Trump amazingly attacked FOX News prayer warriors on a Facebook page en- and what we are doing to stop it. in the last few days in a series of titled ‘‘Prayers for Oakley Nimmo.’’ I am glad that Leader MCCONNELL tweets for coverage he viewed as unfa- But ultimately it was God’s will that agreed to my request and has worked vorable to his administration. This is Oakley should return home to him. He with us to schedule a briefing. It FOX News, a news outlet that, frankly, passed away on the 20th of June. should dispel all doubt in this Chamber is 90 percent or more on the President’s In light of Oakley’s heroic struggle, about the need to take action ahead of side. Their most popular shows seem to as well as his dream of becoming an next year’s Presidential elections. just be cheerleaders for President Army man, Oakley was named an hon- I would say this: A briefing is impor- Trump. To me, it is the most biased orary colonel in the Arkansas National tant; a briefing is necessary, but it is newscast there is of the major news Guard. In the days leading up to his fu- by no means sufficient. We must then stations, not that any of them are free neral, his family made a simple re- debate and adopt measures to protect of any bias. Yet when President Trump quest: that veterans and servicemem- our democracy and preserve the sanc- hears a small, dissident tweet, dis- bers show up at the funeral in their tity of our elections. Even though sident note, from FOX News, and now uniform to give Oakley the proper Leader MCCONNELL has finally agreed he attacks it—what kind of thin skin sendoff. Word got around, and dozens to have this hearing, he has so far been does this man have? What kind of thin came. Some traveled from nearby content—once again, a legislative skin? But it is worse than his thin towns. Most had never even met this graveyard—to have the Senate do noth- skin—when a President can attack a little boy, but it didn’t matter—he was ing—do nothing—when it comes to one news organization that is overwhelm- a soldier like one of them. Soldiers of the greatest threats to our democ- ingly friendly to him, with some of his from the Arkansas National Guard pro- racy, that a foreign power will reach in leading advocates getting prime time vided funeral honors for Oakley. They and interfere for its own purposes, not space, some of them going to his ral- presented Oakley’s mother, Shelby, to help Americans. lies, it shows he really doesn’t believe with the flag and a special ID tag with

VerDate Sep 11 2014 23:35 Jul 09, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.007 S09JYPT1 S4710 CONGRESSIONAL RECORD — SENATE July 9, 2019 his name on it. Like a true soldier, back to the early 19th century. The Su- healthcare policy, you can keep it. Oakley was sent off from this world to preme Court has made clear that is ul- That is what he said. It didn’t end up the moving tune of ‘‘Taps’’ played by a timately their job—not to decide what being the case, but that is what he military bugler. the policy should be but whether the said. Yet now our Democratic col- Colonel Nimmo’s tour of duty on this policy enacted by Congress is con- leagues have become so radicalized on Earth was brief, but he did teach an sistent with the requirements of the healthcare that they are essentially important lesson to all of us. At times, Constitution. saying, if you have private health in- some voices may express doubts about So I find it pretty bizarre that in surance you like, you can’t keep it. our military, but Oakley reminded us— about an hour, the Democratic leader You can’t keep it. as perhaps only a child could—that will join Speaker PELOSI for a news This is a very strange place to work being an Army man, a brave protector conference to talk about coverage for sometimes because people say things of our Nation, is one of the highest preexisting conditions, and I have no they know are not true, but they hope honors to which an American can be doubt that once again they will try to they can capitalize on people’s igno- called. blame Republicans as the bad guys and rance or on their partisanship. Yet, as The veterans and the servicemembers somehow perpetuate this myth that many have said before, facts are stub- who attended Oakley’s funeral were Republicans are opposed to covering born things, and those are the facts; there to honor him, but, in fact, it was people for preexisting conditions in that there are other ways to cover pre- a double honor because through his life their health insurance policies. They existing conditions other than with the and dreams, little Oakley honored know that is false. They know that is a Affordable Care Act. For a party that them in return. bald-faced misrepresentation of what has embraced this idea of Medicare for Oakley looked up to our troops in our policy choices are in this body and All and that wants to destroy privately life. Now he looks down on them from in Congress as a whole. There is one held health insurance, it seems pretty above, where he will remain in God’s thing that I think there is a consensus rich for them to then blame this side of presence and our memory as a brave on in Congress with respect to the aisle for wanting to destroy private fighter against cancer, an inspiration, healthcare, and that is that preexisting health insurance that covers pre- and indeed, for all time, an Army man. conditions should be covered. In fact, existing conditions. I yield the floor. there are pieces of legislation that I A January Gallup poll found that 7 in I suggest the absence of a quorum. have cosponsored in the Senate that do 10 Americans have a negative view of The PRESIDING OFFICER (Mr. that expressly. The illogical fallacy of our healthcare system and have de- SCOTT of Florida). The clerk will call their argument is that the only way scribed it as being in a state of crisis or the roll. one can do that is through the Afford- as having major problems, which is to The senior assistant legislative clerk able Care Act. say that ObamaCare is not working as proceeded to call the roll. As we know, the Affordable Care Act well as the advocates thought. As we Mr. CORNYN. Mr. President, I ask has been a Trojan horse for a whole lot know and as I have said, it is not the unanimous consent that the order for of other policies that, frankly, are not only way to protect patients who have the quorum call be rescinded. particularly popular because they have preexisting conditions. The PRESIDING OFFICER. Without resulted in high deductibles and high Earlier this year, I cosponsored a bill objection, it is so ordered. premiums and have made it harder and that was introduced by our friend from HEALTHCARE harder for people to afford coverage. It North Carolina, Senator TILLIS, called Mr. CORNYN. Mr. President, yester- has also precluded individuals from the PROTECT Act, which would ensure day our friend from New York, the mi- picking the kind of coverage that best that no American would ever be denied nority leader, spoke on the Senate suits their family’s needs at a price health coverage because of one’s hav- floor about the latest challenge to they can afford. ing a preexisting condition. Now, the ObamaCare—the Affordable Care Act— I think it is important for the Amer- Democratic leader and the Speaker which is being considered by the Fifth ican people to understand what we all know that. Yet, presumably, today, at Circuit Court of Appeals this week. understand—including the Democratic 12:30, when they hold their press con- Also, if you can believe the press, he is leader and the Speaker—which is that ferences, they will say all Republicans also going to have a press conference what they are saying about preexisting are opposed to covering preexisting with the Speaker and other notable conditions is false. They know it, we conditions because of this court case in Democrats to talk about the danger of know it, and it can be demonstrated. the Fifth Circuit that has yet to be de- a court decision on the constitu- Yet they persist in saying it because cided. They are just gleeful that this tionality of the Affordable Care Act. As they believe that people are either un- will provide, they think, some way for one might imagine, he painted a pretty informed, naive, or so partisan that them to argue what they know is not grim picture of what would happen if they will not be guided by the facts true—that the Republicans are opposed the court were to strike down the Af- but, rather, by the partisan rhetoric. to covering people’s preexisting condi- fordable Care Act, affirming the judg- Here is the other strange thing in all tions. ment of the trial court. Of course, he of this. Most progressive Democrats— I believe health coverage for these tried to place the blame squarely on we used to call them liberals; now they patients shouldn’t hang in the balance those of us on this side of the aisle. It call themselves progressives—have em- of a court decision because, ultimately, is strange to me because blaming Re- braced Medicare for All as a solution to it is our decision. If we pass the PRO- publicans in Congress for a yet-to-be- our Nation’s healthcare challenges. As TECT Act, it would finally codify what decided court case doesn’t make a lot the Presiding Officer knows, Medicare I hope every Member of this body of sense, but it is pretty consistent for All would be a recipe to bankrupt would agree on—that Americans de- with the message we have heard from Medicare, which has traditionally, le- serve access to healthcare coverage. our Democratic friends. gally, and historically been a benefit The PROTECT Act is just one example If the minority leader is going to earned and contributed to by seniors in of the countless healthcare bills that pick a bone with anyone, then I guess order to cover their healthcare when are working their way through the his complaint is really about the Con- they are 65 or older. So dumping 180 Senate right now. stitution itself. Court cases are decided million or so additional people into In addition, in the Senate Finance on a case-by-case basis based on what Medicare who have private health in- Committee, we are considering a pack- the law is, and, of course, the Constitu- surance is really a recipe for bank- age of bills to reduce prescription drug tion is the fundamental law of the rupting it, thus undermining the ben- prices, just as we have in the Health, United States. So if a court ultimately efit that seniors thought they were Education, Labor, and Pensions Com- holds an act of Congress to be uncon- buying into during their entire lives. mittee and in the Judiciary Com- stitutional, it is because the Constitu- Here is the other irony I find. When mittee. The HELP Committee over- tion prohibits it. And a consensus he was trying to sell the Affordable whelmingly passed a bipartisan bill to among all Americans is that the Con- Care Act, we heard that President reduce healthcare costs, to increase stitution shall be inviolable, dating Obama said, if you like your existing transparency, and to eliminate surprise

VerDate Sep 11 2014 23:35 Jul 09, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.008 S09JYPT1 July 9, 2019 CONGRESSIONAL RECORD — SENATE S4711 medical bills. Last week, the Judiciary of Americans oppose open borders and The HUMANE Act would make much Committee unanimously reported out already struggle to manage their own needed reforms to improve the proc- legislation that would keep pharma- bills. They certainly don’t want to be essing and quality of care for migrants. ceutical companies from gaming the burdened with the costs of people who Importantly, it would also take steps patent system. Our colleagues—or po- enter our country illegally and don’t to address the flow of those who enter litical candidates—can go on TV and pay taxes. our country by the tens of thousands try to spin the ObamaCare system all We don’t need these radical proposals each month. they want, but we are going to con- to solve the crisis at our southern bor- I spend a lot of time talking to folks tinue to work hard to make real mean- der. Both in the short term and the who live and work on the border about ingful changes to make our healthcare long term, we need bipartisan solutions the status quo and what we need to do system better. that can provide some real relief. If we to prevent this crisis from becoming BORDER SECURITY want to get to the root of the crisis and even bigger. The most common feed- Mr. President, on another matter, we avoid making emergency funding bills back I get is that we need to close the know that a record number of migrants the norm, we need to get down to brass loopholes that are being exploited by is continuing to cross our southern tacks and talk about real reforms that, the people who are getting rich off of border, and the impact on Texas com- No. 1, will fix the problem and, No. 2, trafficking in human beings from Cen- munities—the State I represent—has will stand a chance of actually becom- tral America, across Mexico, and into been overwhelming. ing law. the United States. Detention centers are over their ca- Right now, there is only one bill, to One of the most commonly exploited pacities. Customs and Border Protec- my knowledge, that has bipartisan and loopholes is something called the Flo- tion officers and agents are pulling bicameral support, and that is a bill res settlement agreement, which was double duty in their being law enforce- called the HUMANE Act. I introduced created to ensure that unaccompanied ment officers and caregivers to chil- this bill with my Democratic friend in children don’t spend long periods of dren, not because that is what they the House, HENRY CUELLAR, to address time in the custody of the Border Pa- have been trained to do but because the humanitarian crisis at the border. trol. It was and remains an important that is what they must do in order to First and foremost, the HUMANE Act protection for the most vulnerable peo- take care of this flood of humanity. includes important provisions to en- ple who are found along our border. It Nongovernmental and community or- sure that migrants in our custody re- also ensures they can be processed and ganizations are unable to keep up with ceive proper care. It requires the De- released to either relatives or to the this pace of the thousands of people partment of Homeland Security to Department of Health and Human who have been coming across the bor- keep families together throughout Services pending the presentations of der each and every day. their court proceedings, and it includes their cases before immigration judges Before the Senate recessed for the additional standards of care. Beyond when they claim asylum. Yet a mis- Fourth of July week, which was about suitable living accommodations, the guided 2016 decision by the Ninth Cir- 10 weeks after the President requested HUMANE Act requires each facility to cuit effectively expanded those protec- emergency funds, we finally passed a provide timely access to medical as- tions from children to families. bipartisan bill to send much needed hu- sistance, recreational activities, edu- One thing I can say with some cer- manitarian relief. It includes addi- cational services, and legal counsel. tainty is that human smugglers and It would require all children to un- tional funding for the departments and traffickers are not fools; they are en- dergo biometric and DNA screening so agencies that have depleted their re- trepreneurs. They are twisted and family relationships could be con- sources in trying to manage this crisis, criminal, to be sure, but they are en- firmed so as to ensure these children and it makes $30 million available in trepreneurs. They know how to exploit would be, in fact, traveling with their the gaps in our system, and they know reimbursement for which impacted relatives rather than with human how to make money while doing it. communities may apply—charges that smugglers or sex traffickers. should be the Federal Government’s re- In order to better protect children They know, if adults are traveling sponsibility and not the local govern- who would be released to Health and alone, they could be detained for long ments’. As I said, after some hand- Human Services, this bill would place periods of time before they are eventu- wringing and delay, the House passed prohibitions on certain individuals who ally returned home after presenting this bill, and the President signed it. I could serve as guardians. For example, their cases before immigration judges. hope my constituents back in Texas no child should be released into the So now, rather than there being single who have been working tirelessly to custody of a sex offender or a human adults who arrive at the border alone, manage this crisis will soon find some trafficker. I would hope we could all adults are bringing children with them relief. agree on that. so they can be processed as family It is important to remember, though, In addition to improving the quality units, thus taking advantage of that that depleted funding isn’t the reason of care for those in custody, the HU- expansion of the Flores settlement for the crisis; it is only a symptom of MANE Act would improve the ways mi- agreement and drawing out the process a larger problem. In other words, we grants would be processed. It would re- to the point at which it overloads the are dealing with the effects and not the quire the Department of Homeland Se- system. They realize they can bring a cause of the basic problem. Without curity to establish regional processing child—any child—and pose as a family getting to the root cause, we are only centers in high-traffic areas, which so they will be released after 20 days, setting ourselves up for failure, which would serve as a one-stop shop by never to be heard from again. means we will be back here in another which the process would take place. We have seen a massive increase in couple of months and will have to pass This was a recommendation from the the number of families who have been another emergency appropriations bill bipartisan Homeland Security Advi- apprehended. In May of 2018, roughly for an additional $4.5 billion to try to sory Council. It would also alleviate 9,500 families were apprehended. In deal with the problem we can fix but the long wait times that are experi- May of this year, the number sky- have refused to. enced by many asylum seekers. These rocketed to more than 84,000. So, in Sadly, this issue has become so po- centers would have personnel on hand just 1 year, it went from 9,500 to 84,000. liticized that few are willing to reach from across the government to assist, Now, are legitimate families crossing across the aisle and find solutions, and including medical personnel and asy- the border? Absolutely. Yet we know most of the proposals we have seen are lum officers. many of these people who claim to be ultrapartisan. The Democrats who are In addition to these changes, the leg- related are fraudulent families who use running for President support things islation would also include provisions innocent children as pawns to gain like decriminalizing illegal border to make some commonsense improve- entry into the United States. Some- crossings or providing free healthcare ments, such as additional Customs and thing that nobody wants to talk about to undocumented immigrants, both of Border Protection personnel and train- is, often, these children are abused and which are unpopular, unsafe, and com- ing for CBP and ICE employees who assaulted along the way, and many ar- pletely unaffordable. The vast majority work with children. rive at the border in critical health.

VerDate Sep 11 2014 23:35 Jul 09, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.010 S09JYPT1 S4712 CONGRESSIONAL RECORD — SENATE July 9, 2019 If we care about the welfare and the is at stake for those communities She wrote this: lives of these children, we cannot let should the Affordable Care Act be My mother who recently turned 70 still these practices continue. It is unfair eliminated. lives in the county, and we are approaching not only to these children but to the Medicaid expansion enables low-in- a point of either moving back to Patrick American people and to the immi- come, rural residents to get affordable, County or moving my mother to grants who have waited patiently to quality health insurance so they can Christiansburg where we currently live. My get the care they need. It is often the son has severe food allergies that could lead enter the United States legally for peo- to anaphylactic shock (which would require ple to be able to game the system, case that insurance companies do not immediate medical attention) so this vari- move to the head of the line, and break compete with the same intensity in able also weighs very heavily on my mind all the rules while doing it. rural communities because there are when considering the options of how to man- The HUMANE Act would clarify that just not enough patients. So it is com- age my family’s land and take care of my the Flores agreement applies only to mon in rural America for somebody mom. I don’t want to live somewhere with- unaccompanied children. It would also wanting to buy an insurance policy on out access to emergency health care. It the exchange, for example, to maybe seems inconceivable that this is the case in provide greater time for processing and the era in which we live now. . . . Please immigration proceedings to take place have only one option. Medicaid expan- sion has turned out to be a huge ben- help get my home county back on the med- before a family is released from cus- ical map to give its economy and its people tody. efit for many low-income people living a fighting chance. in rural America. Many of those who Eliminating this pull factor is an im- Blacksburg is probably an hour and a are receiving insurance pursuant to portant way to stop the flow of those half to 2 hours away. The mother is liv- Medicaid expansion were previously illegally entering our country because ing in a county that now has no hos- uninsured, and so for some, it is the they know how to game the immigra- pital—she has turned 70—so she doesn’t first insurance they have had in their tion system. have access to the care that she needs. lives. While the HUMANE Act will cer- The daughter is trying to decide: Do I A particular impact of Medicaid ex- tainly not fix every problem that exists move back? But I have a son who needs pansion has not been on just individ- in our broken immigration system, it care because of allergies. Do I have to uals receiving that Medicaid but on the is an important start. It is a necessary move my mother out of the home start. It is the only bill pending before hospitals that are sort of the healthcare and even economic pillars where she would rather stay? the Congress that is bipartisan and bi- Rural hospitals across the country in rural communities. Rural hospitals cameral, and I would encourage all of are struggling to keep their doors open often have a difficult time making the our colleagues who are serious about for a number of reasons, but here is an finances work. Again, lower patient our responsibilities to get to the root amazing set of statistics. Whether a volumes make it difficult. Medicaid ex- of this humanitarian crisis to join us State expands Medicaid pursuant to pansion has meant that the care they and get this passed and sent to the the ACA is a massively significant fac- have been providing that in the past President for his signature. tor in rural hospitals’ financial outlook I yield the floor. might not have been reimbursed at all—they are now able to at least get a and decisionmaking. Without Medicaid The PRESIDING OFFICER. The Sen- expansion, rural hospitals may be ator from Virginia. Medicaid reimbursement, and that has been a significant financial benefit to forced to cut vital services or even AFFORDABLE CARE ACT these hospitals. close. Here is the data point that really Mr. KAINE. Mr. President, I rise Mr. President, you understand this says it all: Since January 2010, 107 today in support of the Affordable Care because your State is like mine, and rural hospitals have closed in the Act and to discuss the devastating im- there are a lot of rural communities. United States, and 93 of those 107 hos- pact its potential elimination would Rural hospitals are often the lifeblood pitals were in States that had not ex- have on rural families and rural com- of rural communities. They can be the panded Medicaid at the time of the clo- munities. largest employers in a town or a coun- sure. My State, Virginia, has so many ty. They often do a tremendous Hundreds more rural hospitals are at rural communities, and in that, I am amount of outreach on healthcare and risk of closure. Rural hospital closures with every other Member of this body, other philanthropic efforts not just disproportionately occur in States that and I want to talk specifically about within the hospital walls but outside have not expanded Medicaid. The suc- them. the hospital walls—sponsoring the Lit- cess of the Texas case would wipe out The Trump administration has tle League teams and doing the things the ACA, including Medicaid expan- sought for years to end the Affordable that make a community a community. sion, and deeply penalize these rural Care Act using every tool available. Residents of rural communities need hospitals. They have worked on that task here in access to healthcare, but they also A comprehensive 2018 study published Congress to repeal it and sabotage it need access to jobs and good healthcare in Health Affairs found that Medicaid and even dismantle it in the court sys- information. Rural hospitals provide expansion is directly associated with tem. Today marks another milestone that. hospital financial performance and in that deeply troubling effort. I have seen the impact of rural hos- that expansion substantially reduces The U.S. Fifth Circuit Court of Ap- pital closures in Virginia firsthand. the risk of hospital closure, particu- peals will hear oral arguments in a Two rural hospitals in Virginia closed larly in rural areas. The study also case that could strike down the Afford- in recent years because Virginia did found that going back to pre-ACA eligi- able Care Act in its entirety. If the not expand Medicaid initially. In the bility for Medicaid would drive even ACA were struck down, families and last year, Virginia has done Medicaid more rural hospitals to closure. communities around the country would expansion, but before Medicaid expan- So we think about Robin’s dilemma bear life-altering consequences, and sion was done, we saw hospitals close of a mother living in a rural area where the healthcare system would be thrown in two communities in Virginia: Pat- the hospital has closed. If the ACA is into chaos. Tens of millions of Ameri- rick County, which is a south side Vir- struck down and there is no Medicaid cans would lose healthcare coverage ginia county that is on the border with expansion, this is going to be faced by and protections for preexisting condi- North Carolina, and Lee County, which more and more rural communities tions, among the countless other con- is a far southwestern Virginia county across the country, and that means sumer protections that have been put that is on the border with Kentucky this is a dilemma individuals and their in place by the ACA. and Tennessee. Two hospitals have families will ultimately face. A number of my colleagues are going closed in those communities. Research from Georgetown Univer- to be on the floor this afternoon speak- I got a letter from a mother in sity’s Health Policy Institute indicates ing about particular aspects of this Christiansburg, VA, which is actually that the uninsured rate for low-income that trouble them. I want to focus on up near Virginia Tech. Her name is adults in rural communities fell three one in particular: how important the Robin, and she wrote about the closure times as fast in States that expanded Affordable Care Act’s Medicaid expan- of the Pioneer Hospital in Patrick Medicaid as compared to States that sion is to rural America and how much County in 2017. did not expand. Turn that around.

VerDate Sep 11 2014 23:35 Jul 09, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.011 S09JYPT1 July 9, 2019 CONGRESSIONAL RECORD — SENATE S4713 States that expand Medicaid find that There was a 17-year period between I suggest the absence of a quorum. rural families have a dramatically when the first State joined the then- The PRESIDING OFFICER. The higher likelihood of having insurance voluntary Medicaid Program and when clerk will call the roll. than those in rural areas where the the last State joined. The bill clerk proceeded to call the States haven’t expanded Medicaid. Let’s make sure that whenever roll. As of now, 36 States, including Vir- States join, they are treated the same. Mr. THUNE. Mr. President, I ask ginia, have expanded Medicaid and 14 If this bill passes, States that choose to unanimous consent that the order for have not. I am thrilled that earlier this expand now—these 14 States—we would the quorum call be rescinded. year Virginia, after a multiyear battle, make sure that they get the full Fed- The PRESIDING OFFICER (Mr. finally announced that Medicaid ex- eral level of assistance as was available CRUZ). Without objection, it is so or- pansion was happening. In less than a to those States that initially joined, dered. year after expansion, nearly 293,000 and that should help remaining States THE ECONOMY adults are newly enrolled in Medicaid get off the sidelines. Mr. THUNE. Mr. President, we re- in Virginia, many of whom never had Finally, we need to stand up against ceived more good economic news on health insurance before in their lives— administrative sabotage to the Afford- Friday with the announcement that 293,000 adults in a State where the pop- able Care Act. We shouldn’t promote the economy created 224,000 jobs in ulation is about 8.5 million. That is a skimpy insurance plans. We shouldn’t June. significant number of people who have slash funding for enrollment, outreach, Meanwhile, unemployment remained received insurance through Medicaid or marketing. We should build on and near its lowest level in half a century. expansion. They risk losing their eligi- improve and, yes, fix—because it is not June marked the 16th straight month bility if the administration is success- perfect—the ACA to extend its promise that unemployment has been at or ful in its efforts to gut the ACA. of affordable coverage to even more below 4 percent. That is a tremendous If we care about rural residents and Americans. record. rural communities, there are a number That is why I have introduced Medi- June also marked the 11th straight of things we can do. care-X legislation to establish a public month that wage growth has been at or First, we need to stand up against insurance plan that could be offered on above 3 percent. Before 2018, wage the administration’s attempt to end the ACA exchanges, beginning in rural growth had not hit 3 percent in nearly the ACA, including its Medicaid expan- areas. My bill would also make the a decade. sion. ACA’s tax credits more generous, ex- Friday’s announcement was just the I have now been in public life for 25 pand tax credit eligibility to additional latest piece of good news about the years since I was elected to the Rich- families, and allow for an enhanced re- economy. Thanks to Republican eco- mond City Council in May 1994. I will imbursement rate in rural commu- nomic policies, the economy has taken say that in all of the elections I have nities where low patient volumes often off during the Trump administration. been in, up or down, and all the various pose financial challenges to healthcare Economic growth is up, wage growth is legislative and other battles, the single providers. up, personal income is up, and the list most dramatic moment in my life as an In closing, the ACA has meant the goes on. elected official was standing on the difference between life and death for Importantly, the benefits of this eco- floor of this body at 2 o’clock in the many families across the country, and nomic growth are being spread far and morning when Senator John McCain, I run into them every day. wide. One of the distinguishing fea- fresh out of a hospital after being diag- I am going to be standing with some tures of the economic expansion that nosed with a glioblastoma brain tumor, Senate colleagues on the steps of the we have been experiencing is the way it cast the deciding vote, and by one Senate in a few minutes talking about has been reaching those who have vote—one vote—we saved the Afford- a youngster from Winchester, VA, who trailed behind economically. able Care Act. I have never in my life has a series of significant healthcare Over the past 3 years, pay hikes for in the public realm experienced some- challenges that would essentially in the lowest income workers have ex- thing that was so dramatic and so con- the past have made him uninsurable ceeded pay hikes for the richest work- sequential. because of preexisting conditions but ers. Huge numbers of new blue-collar We have to continue to stand up. I who now—because of that protection jobs have been created, and the em- would have thought that vote might within the ACA, he and his family at ployment situation for minorities has have moved us to a new chapter where least have the peace of mind of know- improved substantially. we would be talking about fixing and ing that he can’t be kicked off insur- The unemployment rates for Asian improving rather than repealing, but ance or turned down for insurance be- Americans, African Americans, and that is not the case, as evidenced by cause he happened to be born with a Hispanic Americans are all at or near the lawsuit today. But my hope is that condition over which he had no con- record lows. The Wall Street Journal we will resist efforts to sabotage and trol. notes that ‘‘Nearly one million more destroy and instead join together in ef- If the ACA were to be struck down, blacks and two million more Hispanics forts to improve. I have joined with my families and communities would suffer, are employed than when Barack Obama colleagues to cosponsor a resolution al- and I think that in Virginia, that left office, and minorities account for lowing Senate legal counsel to inter- would particularly be the case in our more than half of all new jobs created vene in the lawsuit, to defend the Af- rural communities. during the Trump Presidency.’’ fordable Care Act. Again, I am just going to hold up this So where has all this economic The second thing we can do to help issue of our rural hospitals. We need to progress come from? At the end of the rural communities is focus on the 14 protect rural hospitals not only be- Obama administration, 21⁄2 years ago, States that haven’t yet expanded Med- cause of the healthcare they provide the economic outlook wasn’t too rosy. icaid and provide them a clearer path but because they are employment cen- The economy was sputtering, and and encouragement to do so. ters and centers of community out- American families were struggling. I am proud to be an original cospon- reach. When we see the closure of rural Some were predicting that a weak sor of something called the SAME Act, hospitals overwhelmingly being in economy would be the new normal. which would extend the same level of States that have not expanded Med- Republicans, however, didn’t agree Federal assistance to every State that icaid, that tells us how valuable that with that. We knew that American chooses to expand Medicaid regardless portion of the ACA has been to sta- workers and American businesses were of when the expansion occurs. I think bilize the provision of rural healthcare. as dynamic and creative as ever. But that is important. I will continue to fight to protect the we also knew that burdensome regula- Let’s use the original Medicaid Pro- ACA and the health of my rural com- tions and an outdated tax code were gram as an example. It was passed in munities in Virginia and elsewhere. I holding our economy back and reduc- 1965. It was not a mandate; it was an encourage my colleagues to do the ing the opportunities available to option. The last State—Arizona; State same. workers. So when we took office in 50—that joined didn’t join until 1982. I yield the floor. 2017, we got right to work on improving

VerDate Sep 11 2014 23:35 Jul 09, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.013 S09JYPT1 S4714 CONGRESSIONAL RECORD — SENATE July 9, 2019 our economy in order to improve life consider that Hong Kong is, after all, a understand it, and I think the threat for the American people. part of China, which has neither a free remains. We eliminated burdensome regula- economy nor a politically free society. It is also important to note that on a tions that were acting as a drag on eco- Back in 1997, Great Britain trans- deeper level these ongoing protests are nomic growth, and we passed a historic ferred Hong Kong to China on a condi- really a response to efforts by the Chi- reform of our Tax Code to put money tion—an explicit written agreement— nese Government to ‘‘mainlandize’’ in Americans’ pockets and make it that Hong Kong’s social and economic Hong Kong. It is an effort in which po- easier for businesses to grow and to systems would remain unchanged litical, cultural, and even physical dis- create jobs. Now we are seeing the re- under a ‘‘one country, two systems’’ ar- tinctions between Hong Kong and sults: a thriving economy that is ex- rangement that would last for at least mainland China are meant to be dimin- tending more opportunities to more 50 years, until 2047. ished, the differences blurred, and the Americans. The Chinese Government also made a distinction eroded. For all of Democrats’ talk about in- pledge at the time—a pledge that Hong The extradition bill is just the latest equality, it is actually Republicans and Kong’s legislative and executive lead- example of the Hong Kong people’s President Trump who have done some- ers would be elected through ‘‘uni- struggle for the freedom, democracy, thing about it. We have helped create versal suffrage.’’ Yet, here we are, 22 and respect for human rights that they an economy that is lifting up people years later. Hongkongers still do not cherish, that they want to hold on to, across the entire economic spectrum. enjoy complete universal suffrage, and and that were promised to them when There is still more work to be done, Hong Kong has faced deep and per- the handover occurred in 1997. of course. For one thing, we need to sistent efforts by the mainland to Hongkongers really have a rich his- make sure that the agriculture econ- erode the independence and the author- tory of protest, and I think that his- omy is able to catch up to the economy ity of Hongkongers. tory reveals their enduring grassroots at large. But thanks to tax reform and On the surface, this ongoing crisis in desire for the freedoms they have other Republican economic policies, Hong Kong was clearly caused by the grown to love and cherish and for a American workers are doing better Hong Kong Government, probably at democratic form of government that than they have in a very long time. the behest of the Chinese leadership in they deserve. It is unfortunate that the gains we Beijing to pass a deeply unpopular ex- Back in 1989, the Tiananmen Square have made would be reversed if Demo- tradition bill. This bill would diminish massacre that we all remember—the crats have their way. Democrats’ Hong Kong’s independent legal system 30th anniversary was just last month. plans—from budget-busting govern- very dramatically, and it would do so On the eve of the massacre, once it was ment-run healthcare to free college— by allowing and exposing individuals in clear the Chinese Communist Govern- all have one thing in common: They Hong Kong—including Hong Kong citi- ment would respond to peaceful pro- would cost a lot of money. zens, foreigners, and even tourists—to testers with bullets and tanks—once Where would the government get being extradited to China. that became clear, about 1.5 million most of that money? From tax in- The accused would then face prosecu- Hongkongers marched in the streets of creases—tax increases on businesses tion by an authoritarian government Hong Kong in solidarity with the stu- and tax increases on ordinary Ameri- in mainland China that does not up- dents in Tiananmen. cans. hold the rule of law, nor does it prac- In 2003, the Hong Kong leadership Thanks to the tax relief that Repub- tice the fair and impartial administra- proposed an anti-subversion bill. licans passed, the economy has ex- tion of justice. Let’s face it. The judi- Hongkongers rightly saw this bill as an panded, paychecks have increased, and cial system in China is politicized and attack on their freedom of speech and more jobs and opportunities have been controlled by the Chinese Communist freedom of association. The Hong Kong created. Party. leadership proposed it—again, doing it Raising taxes would result in the op- Some people are concerned that if at the behest of the mainland Chinese posite: fewer jobs and opportunities, a this bill were to become law, it would Government—and 500,000 citizens pro- smaller economy, and more families even pave the way for Chinese state- tested and eventually forced the gov- struggling to get by on smaller pay- sponsored kidnapping of dissidents. It ernment to withdraw the bill. checks. certainly would have a chilling effect In 2014, the Hong Kong Government Republicans are determined to make on freedom in Hong Kong, a chilling ef- announced a reform to change how sure that doesn’t happen. We are com- fect on the ability of Hong Kong people Hong Kong’s Chief Executive was se- mitted to building on the progress we to live their lives and express their lected. The proposal was meant to con- have made and further expanding eco- views without the fear of political re- tinue what already existed, and that nomic opportunity for all Americans. percussions. It is simply a fact that was mainland Chinese Communist con- I yield the floor. mainland China is a legal black hole, trol over the election process in Hong The PRESIDING OFFICER. The Sen- and Hong Kong’s extradition bill would Kong. One of the mechanisms they ator from Pennsylvania. be a step to exposing Hong Kong resi- used to achieve this was that only can- HONG KONG dents directly to mainland China’s didates vetted by a committee of most- Mr. TOOMEY. Mr. President, I rise opaque and often blatantly unfair legal ly pro-Beijing supporters would be al- today to speak about the very high- system. lowed to seek the office of Chief Execu- stakes political and social crisis that In response to this threat, the people tive. has been unfolding in Hong Kong over of Hong Kong have for weeks poured In response to this undemocratic the past several weeks. into the streets, calling for a with- measure, Hong Kong students staged a Hong Kong is a very exceptional city. drawal of this bill and deeper demo- campaign of civil disobedience and It boasts of a very robust free market cratic reforms. Remarkably, last peaceful protest to oppose this effort. economy that has thrived for cen- month, one of these protests—one of Up to a half a million people partici- turies. It has a very vibrant free press. these demonstrations brought together pated in the movement. Students fa- It has an independent judiciary and a an estimated 2 million Hongkongers mously used umbrellas to shield them- partially democratic election system. into the streets. It is stunning any- selves from tear gas and pepper spray Those freedoms, combined with where in the world that 2 million peo- that was being launched at them by Hongkongers’ natural entrepreneurial ple would come out to protest any- the police, so much so that the pro-de- spirit and appreciation for individual thing. But in Hong Kong, it is truly mocracy protesters were quickly liberty, have made Hong Kong a jewel staggering because the total popu- termed the ‘‘Umbrella Movement.’’ of the financial and business world, one lation of Hong Kong is only 7.4 million. All of these protests and acts of civil of the freest places in Asia, and a great That is about one in four Hongkongers disobedience make it clear that place to live—for a time, anyway, as I who were on the streets protesting. Hongkongers want more freedom, not did back in 1991. Just today, the Hong Kong Chief Ex- less freedom. Economic and political achievements ecutive said that bill was dead. But it I think this matters. This matters are particularly impressive when you has not been formally withdrawn, as I obviously in Hong Kong, but it matters

VerDate Sep 11 2014 01:32 Jul 10, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.014 S09JYPT1 July 9, 2019 CONGRESSIONAL RECORD — SENATE S4715 beyond Hong Kong. It matters to us. It spect for basic human rights. I will do I am very disappointed that Repub- should matter to us. What is happening what I can in the Senate to support the lican leadership decided to schedule a in Hong Kong is not just important for people of Hong Kong in their peaceful vote on Mr. Bress’s nomination, given those residents but for the rest of the protests for their own freedom, and I both of our objections to his nomina- world. Today the people of Hong Kong call on my colleagues in this adminis- tion and our concerns about a lack of are fighting against an unpopular and tration to join me. connection to our State. unfair extradition bill. They are really I yield the floor. Next, I want to discuss what I mean fighting for a future in which they can f by a lack of connection to our State. The White House has greatly exag- enjoy basic human rights, natural RECESS rights that everyone should have, in- gerated Mr. Bress’s connections to cluding the right to free speech, the The PRESIDING OFFICER. Under California to justify their decision to right to a fair trial, the right to be con- the previous order, the Senate stands move forward with a non-California fident that your government will fol- in recess until 2:15 p.m. nominee. low the laws of the society in which it Thereupon, the Senate, at 12:30 p.m., I have studied Mr. Bress’s record ex- exists, and participation in a just and recessed until 2:15 p.m. and reassem- tensively, and I would like to run fair representative system of govern- bled when called to order by the Pre- through some of what I have found. ment. siding Officer (Mrs. CAPITO). Mr. Bress claims to spend a substan- If the Chinese officials in Beijing and f tial amount of time working in his law the Communist Chinese who rule main- EXECUTIVE CALENDAR—Continued firm’s San Francisco office. However, land China have their way, they will as recently as November 2018, Mr. The PRESIDING OFFICER. The Sen- extinguish these rights for the people Bress’s profile on the Kirkland & Ellis ator from California. LLP website listed him as an attorney of Hong Kong. If the extradition bill Mrs. FEINSTEIN. Madam President, working exclusively in the firm’s were to become law, it would threaten if I understand the procedure, are we in Washington, DC, office. His profile all of those rights because of the morning business? chilling effect of the threat of being ex- The PRESIDING OFFICER. We are page likewise provided contact infor- tradited to the lawlessness of the Chi- postcloture on the Bress nomination. mation—phone and fax—only for the nese judicial system. Mrs. FEINSTEIN. I ask unanimous Washington, DC, office. In some important ways, I think consent to speak as in morning busi- Just before he was nominated, Mr. Hong Kong can be seen as a canary in ness. Bress’s Kirkland & Ellis profile was re- a coal mine for Asia. What happens in The PRESIDING OFFICER. Without vised to list him as an attorney in both Hong Kong will at least set expecta- objection, it is so ordered. the Washington, DC, and San Fran- tions, create a climate that will maybe Mrs. FEINSTEIN. Madam President, cisco, CA, offices of the firm. affect what happens in Taiwan over I rise today to oppose the nomination In addition, according to a review time, other Asian nations that are of Daniel Bress to the Ninth Circuit in conducted by my staff, every public struggling for freedom in the shadow of California. legal filing signed by Mr. Bress lists his China. The fact is, China itself is con- First, by history and tradition, this office as Washington, DC. This includes trolled by an authoritarian govern- is a California seat on the Ninth Cir- legal filings submitted in California ment, interested primarily in its own cuit. The fact is that Mr. Bress is nei- courts. Mr. Bress has never had an oral survival. That is the top priority of ther a California attorney nor a Cali- argument before the Ninth Circuit— Beijing’s leadership. They have created fornia resident. In fact, he has not been never had an oral argument before the a modern-day police state. They use a resident of the State for over a dec- Ninth Circuit. mass surveillance, censorship, internet ade. He has lived and practiced in the The chairman of the Judiciary Com- applications in order to control their Washington, DC, area for almost his mittee entered a letter into the record own citizens. They have imprisoned entire adult life. at Mr. Bress’s hearing identifying 26 over a million of their own citizens, the As California Senators, Senator HAR- cases in California courts that Mr. Muslim Uighur minorities, in con- RIS and I know that experience and Bress has been involved in. However, centration camps. connection to California are really nec- according to Mr. Bress’s Senate Judici- China’s authoritarianism threatens essary for a Ninth Circuit judge to be ary questionnaire, 11 of these 26 cases free and open societies all around the effective on the bench. We know our were asbestos lawsuits for a single cli- world. A democratic Hong Kong is a di- State, we know our constituents, and ent, the chemical company BASF Cata- rect threat to the Communist regime we know the challenges they face. lyst. Another four cases were products in Beijing because people across China, That is why the blue slip is so impor- liability lawsuits involving another naturally, ask the question: Why do tant. Honoring the blue slip ensures single client, the air conditioning man- Hongkongers get to have more rights that Senators who understand and are ufacturer United Technologies Cor- and a better life and more freedom accountable to their constituents have poration. So those are two clients. This than we have? That is the threat the a say in judicial nominations for their is hardly the wide breadth of California government in Beijing is trying to ex- home States. court experience that one would expect tinguish. Senator HARRIS’s and my blue slips of a Ninth Circuit court appointee. We, of course, recently had the bless- were not returned. That ultimately Mr. Bress does not belong to any ing of being able to celebrate our own symbolizes our objections. I was also legal organizations in California. His Independence Day, when Americans re- very disappointed that the White children do not attend school in our flect on our own struggle against tyr- House ignored that and moved forward State. He has voted only once since anny, against an unjust government, with Mr. Bress’s nomination. high school in a California election. and our successful effort to throw that Senator HARRIS and I worked in good And he does not have a California driv- off and establish this, the world’s faith with the White House to find er’s license. Finally, Mr. Bress does not greatest, most vibrant, and freest nominees acceptable to the President own any property in California outside democratic society. and to us. During our negotiations that of one share in a family business ven- In many ways, the Hongkongers are took place, we informed the White ture. fighting for some of the very same val- House that we could support several These facts, along with Mr. Bress’s ues as our Founding Fathers did during other nominees who were, in fact, se- residency in the Washington, DC, the American Revolution. I think it is lected by the White House. Yet the area—he lives here; his family lives important that we in the United States White House and the Republican mem- here—make clear to us that he is not a not turn a blind eye to the struggle for bers of the Judiciary Committee have Californian, nor is he suited for the freedom that is happening outside our claimed we were at an impasse. That is Ninth Circuit. borders. I think it is important that simply not true. For reasons still un- This is something we have never ex- Americans continue to stand in sup- known to us, the White House aban- perienced before; that is, bringing a port of the voices in Hong Kong calling doned our negotiations and nominated judge from one coast to put him on the for freedom, for democracy, and re- Mr. Bress for this seat instead. Ninth Circuit on the other coast.

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