Senate Rule on the Sub- Nication from the Speaker: Correct, I Did Not File an Objection Dur- Ject

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, MONDAY, JANUARY 9, 2017 No. 5 House of Representatives The House met at noon and was Different States handle their faith- Constitution, who stated that as the called to order by the Speaker pro tem- less electors in different ways. In my Framers wished the President to be pore (Mr. HARRIS). view, the joint session rightly fulfilled independent, ‘‘It never was intended f its constitutional responsibility by . . . to have given to Congress . . . the simply taking the certified results of right to object to any electoral vote.’’ DESIGNATION OF SPEAKER PRO each State without intervention. This The first successful effort to expand TEMPORE was in line with precedent set in 1969 Congress’ power in counting did not The SPEAKER pro tempore laid be- and with the text of the Constitution. come until 1865, when Congress adopted fore the House the following commu- Because I believe this decision to be a joint House-Senate rule on the sub- nication from the Speaker: correct, I did not file an objection dur- ject. Under the rule, no electoral vote ing the counting process. However, I that incurred an objection could be WASHINGTON, DC, counted unless both Houses agreed. January 9, 2017. wish for the RECORD to contain my The joint rule was tempered by the I hereby appoint the Honorable ANDY HAR- views on this matter and to express my Electoral Count Act of 1887, which still RIS to act as Speaker pro tempore on this concern that an avoidable constitu- day. tional crisis on this subject is a very governs the counting process to this PAUL D. RYAN, real possibility in the future. day. The law allows an objection signed Speaker of the House of Representatives. The faithless elector problem has by a House and a Senate Member. How- f often been seen as academic, but in ever, under the Electoral Count Act, 2000, Vice President Gore was three unless there is a case of double returns, MORNING-HOUR DEBATE no electoral vote regularly given and faithless electors away from the Presi- lawfully certified shall be rejected. The SPEAKER pro tempore. Pursu- dency. As a point of reference, there ant to the order of the House of Janu- In 1969, Dr. Lloyd Bailey, a Repub- were 10 faithless electors in this elec- lican elector from North Carolina, was ary 3, 2017, the Chair will now recog- tion. Thus, this is not a matter that nize Members from lists submitted by faithless, and the Governor of North should be taken lightly. Carolina certified the State’s electoral the majority and minority leaders for Article II, Section 1, Clause 2 of the morning-hour debate. certificate with knowledge of his vote. Constitution gives the States the ex- The House and the Senate thor- The Chair will alternate recognition clusive power to appoint electors in a oughly debated whether Dr. Bailey’s between the parties, with each party manner decided by their State legisla- vote should be counted, but ultimately limited to 1 hour and each Member tures. Clause 4 provides the sole grant voted to reject the challenge. Oppo- other than the majority and minority of authority to Congress in the process nents of the challenge, in my view, leaders and the minority whip limited to determine the time for choosing properly argued that Congress lacked to 5 minutes, but in no event shall de- electors and the day they cast their the power to exclude Dr. Bailey’s vote bate continue beyond 1:50 p.m. vote. under the Electoral Count Act and, f The process to count electors is out- more importantly, Congress had no lined in Clause 3 and identical lan- FAITHLESS ELECTOR PROBLEM power to exclude his vote under the guage which superseded it in the 12th Constitution. To do so would be a vio- The SPEAKER pro tempore. The Amendment. It provides that, ‘‘The lation of the rights of the sovereign Chair recognizes the gentleman from President of the Senate shall, in the States. Alabama (Mr. BYRNE) for 5 minutes. presence of the Senate and the House Some have argued that the Bailey Mr. BYRNE. Mr. Speaker, last Friday of Representatives, open all the certifi- precedent is not applicable when an the House and the Senate met to fulfill cates and the votes shall then be elector violates his or her State’s law our solemn constitutional responsi- counted. . . .’’ Under the 12th Amend- in casting a faithless vote. I find this bility to count the votes of electors for ment, the persons receiving a majority argument constitutionally suspect. Un- President and Vice President. This of the vote ‘‘shall be’’ the President less no candidate reaches a majority, year the joint session was confronted and Vice President. Congress’ role in the counting process with a record number of so-called The extent of what Congress’ powers appears to be ministerial: to count faithless electors—electors who were are in the counting process has been votes and announce a result. supposed to vote for the Presidential the subject of over 200 years of debate. For that reason, the issue of faithless candidates named on their States’ bal- The CONGRESSIONAL RECORD from 1800 electors is rightly resolved at the State lot, but, instead, voted for someone includes a lengthy speech by Senator level, before the results reach Con- else. Charles Pinckney, a Framer of the gress. At the present time, however, a

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H197

VerDate Sep 11 2014 06:02 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.000 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H198 CONGRESSIONAL RECORD — HOUSE January 9, 2017 hodgepodge of State laws exist to deal candidate for the position of elector who is (c) To qualify as a substitute elector under with faithless electors, some of which not nominated by a political party or unaf- subsection (b), an individual who has not ex- are ill-equipped to handle the problem. filiated presidential candidate shall submit ecuted the pledge required under Section 4 Fortunately, the Uniform Law Com- to the [Secretary of State], in addition to shall execute the following pledge: ‘‘I agree the individual’s own name as ‘‘elector nomi- to serve and to mark my ballots for Presi- mission has proposed the Faithful nee’’, the name of another qualified indi- dent and Vice President consistent with the Presidential Electors Act, which has vidual designated as ‘‘alternate elector pledge of the individual to whose elector po- already been enacted in four States. nominee’’.’’ sition I have succeeded.’’. The Faithful Presidential Electors Act SECTION 4. PLEDGE. Each elector nomi- Legislative Note: As with Sections 3 and 4, provides a State-administered pledge of nee and alternate elector nominee of a polit- adjustment of this Section is required for faithfulness, with any attempt by an ical party shall execute the following pledge: any state where unpledged electors are per- elector to submit a vote in violation of ‘‘If selected for the position of elector, I missible. For a state wishing to accommo- agree to serve and to mark my ballots for date unpledged electors, the language of sub- that pledge constituting a resignation President and Vice President for the nomi- sections (b)(2), (b)(3), and (c) could be from the office of elector. In such case, nees for those offices of the party that nomi- changed to the following: the act provides a mechanism for fill- nated me.’’ [Each elector nominee and alter- (b)(2): ‘‘if the alternate elector for the va- ing an electoral vacancy. nate elector nominee of an unaffiliated presi- cant position is not present to vote but other At the conclusion of my remarks, I dential candidate shall execute the following alternate electors who were nominated by will include in the RECORD a copy of pledge: ‘‘If selected for the position of elec- the same political party [or unaffiliated the Faithful Presidential Electors Act. tor as a nominee of an unaffiliated presi- presidential candidate] are present, by ap- In short, Mr. Speaker, based upon my dential candidate, I agree to serve and to pointing an elector chosen by lot from among those alternate electors of the same view of the Constitution, Congress mark my ballots for that candidate and for that candidate’s vice-presidential running political party [or of the same unaffiliated properly handled the issue of faithless mate.’’] The executed pledges must accom- presidential candidate] .’’ electors in this election. This election pany the submission of the corresponding (b)(3): ‘‘if the vacant position is that of an should, however, serve as a wake-up names to the [Secretary of State]. unpledged elector and the alternate elector call to States that further action on Legislative Note: This act does not deal for that vacant position is not present to their part may be necessary. with the possibility of death of a presidential vote, or if there otherwise are no alternate or vice-presidential candidate before the electors eligible for the vacant position UNIFORM FAITHFUL PRESIDENTIAL ELECTORS electoral college meetings, or with any other under paragraphs (1) and (2), by appointing ACT disabling condition or the discovery of dis- any immediately available individual who is (Drafted by the National Conference of Com- qualifying information. A state may choose qualified to serve as an elector and has been missioners on Uniform State Laws and by to deal separately with one or another of chosen through nomination by and plurality it Approved and Recommended for Enact- these possibilities. vote of the remaining electors, including ment in All the States at its Annual Con- SECTION 5. CERTIFICATION OF ELEC- nomination and vote by a single elector if ference Meeting in Its One-Hundred-and- TORS. In submitting this state’s certificate only one remains.’’ Nineteenth Year in Chicago, Illinois July of ascertainment as required by 3 U.S.C. Sec- (c): ‘‘To qualify as a substitute elector for 9–16, 2010 Without Prefatory Note or Com- tion 6, the [Governor] shall certify this a vacant position associated with an elector ments) state’s electors and state in the certificate who had executed a pledge, an individual [Copyright 2010 by National Conference of that: who has not executed the pledge required Commissioners on Uniform State Laws, (1) the electors will serve as electors unless under Section 4 shall execute the following September 28, 2010] a vacancy occurs in the office of elector be- pledge: ‘‘I agree to serve and to mark my UNIFORM FAITHFUL PRESIDENTIAL ELECTORS fore the end of the meeting at which elector ballots for President and Vice President con- ACT votes are cast, in which case a substitute sistent with the pledge of the individual to elector will fill the vacancy; and whose elector position I have succeeded’’.’’ SECTION 1. SHORT TITLE. This [act] may (2) if a substitute elector is appointed to SECTION 7. ELECTOR VOTING. be cited as the Uniform Faithful Presidential fill a vacancy, the [Governor] will submit an (a) At the time designated for elector vot- Electors Act. amended certificate of ascertainment stating ing and after all vacant positions have been SECTION 2. DEFINITIONS. In this [act]: the names on the final list of this state’s filled under Section 6, the [Secretary of (1) ‘‘Cast’’ means accepted by the [Sec- electors. State] shall provide each elector with a pres- retary of State] in accordance with Section SECTION 6. PRESIDING OFFICER; ELEC- idential and a vice-presidential ballot. The 7(b). TOR VACANCY. elector shall mark the elector’s presidential (2) ‘‘Elector’’ means an individual selected (a) The [Secretary of State] shall preside and vice-presidential ballots with the elec- as a presidential elector under [applicable at the meeting of electors described in Sec- tor’s votes for the offices of President and state statute] and this [act]. tion 7. Vice President, respectively, along with the (3) ‘‘President’’ means President of the (b) The position of an elector not present elector’s signature and the elector’s legibly United States. to vote is vacant. The [Secretary of State] printed name. (4) [‘‘Unaffiliated presidential candidate’’ shall appoint an individual as a substitute (b) Except as otherwise provided by law of means a candidate for President who quali- elector to fill a vacancy as follows: this state other than this [act], each elector fies for the general election ballot in this (1) if the alternate elector is present to shall present both completed ballots to the state by means other than nomination by a vote, by appointing the alternate elector for [Secretary of State], who shall examine the political party.] the vacant position; ballots and accept as cast all ballots of elec- [(5)] ‘‘Vice President’’ means Vice Presi- (2) if the alternate elector for the vacant tors whose votes are consistent with their dent of the United States. position is not present to vote, by appointing pledges executed under Section 4 or 6(c). Ex- SECTION 3. DESIGNATION OF STATE’S an elector chosen by lot from among the al- cept as otherwise provided by law of this ELECTORS. For each elector position in this ternate electors present to vote who were state other than this [act], the [Secretary of state, a political party contesting the nominated by the same political party [or State] may not accept and may not count ei- position[, or an unaffiliated presidential can- unaffiliated presidential candidate]; ther an elector’s presidential or vice-presi- didate,] shall submit to the [Secretary of (3) if the number of alternate electors dential ballot if the elector has not marked State] the names of two qualified individ- present to vote is insufficient to fill any va- both ballots or has marked a ballot in viola- uals. One of the individuals must be des- cant position pursuant to paragraphs (1) and tion of the elector’s pledge. ignated ‘‘elector nominee’’ and the other ‘‘al- (2), by appointing any immediately available (c) An elector who refuses to present a bal- ternate elector nominee’’. Except as other- individual who is qualified to serve as an lot, presents an unmarked ballot, or presents wise provided in Sections 5 through 8, this elector and chosen through nomination by a ballot marked in violation of the elector’s state’s electors are the winning elector and plurality vote of the remaining electors, pledge executed under Section 4 or 6(c) va- nominees under the laws of this state. including nomination and vote by a single cates the office of elector, creating a vacant Legislative Note: For a state wishing to elector if only one remains; position to be filled under Section 6. accommodate unpledged electors, the fol- (4) if there is a tie between at least two (d) The [Secretary of State] shall dis- lowing three sentences could be substituted nominees for substitute elector in a vote tribute ballots to and collect ballots from a for the first two sentences of Section 3: ‘‘Any conducted under paragraph (3), by appointing substitute elector and repeat the process political party [or unaffiliated presidential an elector chosen by lot from among those under this section of examining ballots, de- candidate] advancing candidates for elector nominees; or claring and filling vacant positions as re- positions in this state shall submit to the (5) if all elector positions are vacant and quired, and recording appropriately com- [Secretary of State] the names of two quali- cannot be filled pursuant to paragraphs (1) pleted ballots from the substituted electors, fied individuals for each elector position to through (4), by appointing a single presi- until all of this state’s electoral votes have be contested. One of the individuals must be dential elector, with remaining vacant posi- been cast and recorded. designated ‘‘elector nominee’’ and the other tions to be filled under paragraph (3) and, if SECTION 8. ELECTOR REPLACEMENT; ‘‘alternate elector nominee’’. Any unpledged necessary, paragraph (4). ASSOCIATED CERTIFICATES.

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.002 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H199 (a) After the vote of this state’s electors is the Mount Vernon Police Department Most people don’t know, but I am a completed, if the final list of electors differs was shot in the head while responding big James Brown fan and I really like from any list that the [Governor] previously to a call for help. Today his children, the way he puts it in a not so well- included on a certificate of ascertainment wife, friends, and family sit by his hos- known song from the sixties about prepared and transmitted under 3 U.S.C. Sec- tion 6, the [Secretary of State] immediately pital bed and his life now hangs in the America. He says: shall prepare an amended certificate of as- balance in the hands of God and his America is the greatest country in the certainment and transmit it to the [Gov- doctors. world. America is the greatest country in ernor] for the [Governor’s] signature. This feeling of loss is one that I am the world . . . Now Black and White they (b) The [Governor] immediately shall de- also familiar with. In 1982, my partner may fight, but when the enemy comes, we liver the signed amended certificate of ascer- and best friend, Sergeant Sam Hicks, get together and we run ‘em out of sight. tainment to the [Secretary of State] and a was shot to death attempting to arrest This is a Black man in the sixties signed duplicate original of the amended cer- a murder suspect. He left behind his with these positive words about our tificate of ascertainment to all individuals country. entitled to receive this state’s certificate of wife and five sons. That was over 30 ascertainment, indicating that the amended years ago, but the loss of a loved one is Mr. Speaker, I say this: That we take certificate of ascertaimnent is to be sub- a pain that cannot be forgotten, cannot James Brown’s words, we take his ad- stituted for the certificate of ascertainment be erased. vice, and we get together. The enemy is previously submitted. This national day of appreciation is here. That enemy is hate. We get to- (c) The [Secretary of State] shall prepare a not only a day to reflect and appreciate gether and we run them out of sight. certificate of vote. The electors on the final the service of those who have served, Now, Mr. Speaker, I would like to ob- list shall sign the certificate. The [Secretary but those that are serving today. They serve a moment of silence, please, for of State] shall process and transmit the are driving, walking, patrolling your two officers who were killed in Florida signed certificate with the amended certificate of ascertaimnent under 3 U.S.C. Sec- neighborhoods, keeping us safe. They just today on National Law Enforce- tions 9, 10, and 11. are ready to put their lives on the line, ment Appreciation Day. These are two SECTION 9. UNIFORMITY OF APPLICA- yes, but every day they do so much more officers killed today, just hours TION AND CONSTRUCTION. In applying and more for us that goes unnoticed: ago. construing this uniform act, consideration The officer that took the stolen bike f must be given to the need to promote uni- report on Christmas Day and the next RECESS formity of the law with respect to its subject day delivered a new bicycle to that lit- matter among states that enact it. tle boy’s home; The SPEAKER pro tempore. Pursu- SECTION 10. REPEALS. The following are How about the officer who anony- ant to clause 12(a) of rule I, the Chair repealed: declares the House in recess until 2 (1) . . . mously buys groceries for a needy fam- (2) . . . ily; p.m. today. (3) . . . The officer who counseled a little girl Accordingly (at 12 o’clock and 12 SECTION 11. EFFECTIVE DATE. This who was being bullied because of the minutes p.m.), the House stood in re- [act] takes effect . . . clothes she wore and then bought her a cess. f new set of clothes; f How about the officer who went to a NATIONAL LAW ENFORCEMENT b 1400 call where he had to cradle a 2-month- APPRECIATION DAY old baby in his arms, giving CPR to his AFTER RECESS The SPEAKER pro tempore. The little, fragile blue face, hoping for the The recess having expired, the House Chair recognizes the gentleman from best news, fearing the worst—and get- was called to order by the Speaker pro Washington (Mr. REICHERT) for 5 min- ting the worst—and then headed off to tempore (Mr. HOLDING) at 2 p.m. utes. his next call; f Mr. REICHERT. Mr. Speaker, today The officer that held the hand of a is National Law Enforcement Apprecia- dying man after a motorcycle accident PRAYER tion Day. and then sharing his last words with The Chaplain, the Reverend Patrick Behind me are the faces of 135 men his family; J. Conroy, offered the following prayer: and women. They are the faces of those The officer who was spit on, ridi- Loving God, we give You thanks for who paid the ultimate price serving culed, and insulted by a man threat- giving us another year. and protecting us this past year so that ening to kill the officer and his wife At the beginning of this new day, we our families and our children can live and then minutes later saving that are grateful as individuals and as a na- safe and enjoy our freedom. As you can same man from taking his own life tion for all the blessings we have been see, freedom isn’t free. with a butcher knife. given. You may not know or recognize these These men and women are coaches, We ask Your blessing upon the Mem- faces, but you know the faces of others volunteers, and mentors, helping peo- bers of this people’s House as they re- who have served or that are serving ple find jobs, feeding the homeless, convene for this first session. May they today. They are the faces of our broth- helping them find homes, and some- anticipate the opportunities and dif- ers, sisters, mothers, fathers, and times even taking them into their own ficulties that are before them, and be- friends. Some were ambushed and exe- homes. These are real people. They are fore so many Americans, with steadfast cuted. Some lost their lives responding your neighbors, they are your friends, determination to work together toward to a call to save a life, someone who and they are us. This is not a job for solutions that will benefit their coun- called for help. them. It is a calling. They serve be- trymen. Grant that they be worthy of Tacoma police officer Jake Gutier- cause they want to help. They want to the responsibilities they have been rez, from my home State of Wash- make a difference. They serve with the given by their constituents and truly ington, is one of the faces behind me. heart of a servant. be the people You have called them to He lost his life in the line of duty just On this day, let us take a moment to be. last month while trying to protect a appreciate all members of the law en- May Your Spirit, O God, be in all of woman from domestic violence. forcement community across this Na- our hearts and minds and encourage us Jake was supposed to have exchanged tion and their families by putting a to do the works of peace and justice wedding vows with his fiancee in just a blue light in your window or on your now and always. few weeks. Instead, she and his three front porch. This is not just a sign of May all that we do be done for Your daughters and granddaughter attended appreciation for law enforcement greater honor and glory. his funeral and tried to picture a life across this country, but a sign, a small Amen. without Jake. symbol of unity for us all. We need f Tragically, again last month, a time that now in our Nation more than any- meant for celebration was filled with thing. Help us remember that we are THE JOURNAL another Washington family’s sorrow. one nation under God, indivisible, with The SPEAKER pro tempore. The Veteran officer Mike McClaughry from liberty and justice for all. Chair has examined the Journal of the

VerDate Sep 11 2014 06:02 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.003 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H200 CONGRESSIONAL RECORD — HOUSE January 9, 2017 last day’s proceedings and announces tally assaulted. Her attacker, a Chi- Under President Obama, nearly 150 to the House his approval thereof. nese citizen who was illegally in Amer- detainees have been released; and just Pursuant to clause 1, rule I, the Jour- ica, was captured and sent off to prison last week, the President released four nal stands approved. for the assault. He should have been de- more hardened terrorists, creating a f ported as soon as he finished his sen- recruiting environment with a legacy tence, but China would not take back of not being serious about murderous PLEDGE OF ALLEGIANCE the outlaw. So, under American law, attacks in the future. The President The SPEAKER pro tempore. Will the the attacker could not be held indefi- should promote a legacy of peace, not gentleman from Arkansas (Mr. nitely in our prison and was turned more attacks. WOMACK) come forward and lead the loose on American streets. As soon as The administration’s own numbers House in the Pledge of Allegiance. he was released from prison, he tracked reveal that as many as one-third of the Mr. WOMACK led the Pledge of Alle- down Qian Wu and murdered her. terrorists from Guantanamo return to giance as follows: Mr. Speaker, the law requires that a the battlefield to kill American fami- I pledge allegiance to the Flag of the person who illegally enters the United lies. In March, senior officials from the United States of America, and to the Repub- States and is ordered deported must be administration even testified that lic for which it stands, one nation under God, former prisoners from Guantanamo indivisible, with liberty and justice for all. repatriated to their native country. The lack of cooperation from countries were responsible for American deaths. f that refuse or delay repatriation allows I appreciate that President-elect REMEMBERING DR. BILLY BERT criminals like Qian Wu’s killer to re- Donald Trump does not support releas- BAKER main in America and commit more ing terrorists from Guantanamo Bay, and I look forward to working with (Mr. WOMACK asked and was given crimes. him to keep Guantanamo open. He permission to address the House for 1 My bill, the Timely Repatriation Act knows that imprisonment is a deter- minute.) of 2017, restricts diplomatic visas to rent to protect American families. Mr. WOMACK. Mr. Speaker, I rise countries that deny the repatriation of In conclusion, God bless our troops, today to pay respects to an admired, criminal aliens deported from the and may the President, by his actions, respected, and visionary educator, and United States. Countries like China never forget September the 11th in the a genuinely terrific person, Dr. Billy must take back their lawfully deported global war on terrorism. Bert Baker, of Gilbert, Arkansas, who criminal citizens or pay the price of passed away on Friday, January 6, at losing diplomatic visas. f the age of 84. And that is just the way it is. U.N. SECURITY COUNCIL My relationship with Dr. Baker goes f RESOLUTION 2334 back decades. He was a family friend. FAKE NEWS INCLUDES CLIMATE (Mr. HOLDING asked and was given After spending 17 years as a faculty CHANGE permission to address the House for 1 member and administrator at my alma minute and to revise and extend his re- (Mr. SMITH of Texas asked and was mater, Arkansas Tech, in 1974, he be- marks.) came the first employee of North Ar- given permission to address the House Mr. HOLDING. Mr. Speaker, just be- kansas College in Harrison, served the for 1 minute and to revise and extend fore Christmas, the U.N. Security college for more than 27 years, was its his remarks.) Council passed a resolution con- Mr. SMITH of Texas. Mr. Speaker, a founding president, and retired at the demning Israel. age of 68. good example of fake news appeared in I believe it goes almost without say- Under his leadership, Northark Sunday’s New York Times. It is a col- ing that Israel is our most trusted ally achieved several firsts, one of the most umn headlined, ‘‘As Trump Denies Cli- in the Middle East, which is why I find noteworthy being the 1993 merger of mate Change, These Kids Die.’’ This this so troubling, Mr. Speaker. The Northark and Twin Lakes Technical may be a new high—or maybe a new Obama administration had the power College, the first consolidation of a low—for climate alarmists and their to veto the resolution and support one community college and a technical col- exaggerations. of our only allies in the region, but lege in Arkansas. Billy Bert was also Two facts: first, most severe and per- President Obama, less than a month instrumental in the creation of both sistent droughts occurred decades ago, from leaving office, dictated the United Northwest Arkansas Community Col- not recently; and second, there is little States would sit on the sidelines. lege in Bentonville and the ASU— connection between climate change Well, Mr. Speaker, I am committed Mountain Home campus. and extreme weather, in general, ac- to preserving our alliance with Israel Dr. Baker’s own unofficial motto was cording to numerous studies. and ensuring a lasting peace is found in to ‘‘help people grow, one at a time.’’ Climate alarmists tend to ignore sci- the region—a position that has been That is exactly what he spent his life entific evidence and encourage media expressed multiple times on the floor doing. He touched the lives of thou- hype, and, of course, the liberal media of this House by my colleagues—and I sands—made them better men and is all too willing to go along. Climate believe we can’t afford to sit on the women—and his legacy continues to discussions should be based on good sidelines anymore. enrich the lives of people throughout science, not politically correct science. Mr. Speaker, the United States sup- northern and northwest Arkansas f ports Israel. The Obama administra- through the institutions of higher GUANTANAMO BAY DETERS tion is leaving behind a failed foreign learning that he envisioned decades TERRORISTS policy legacy, but our alliance with ago. Israel will endure. Rest in peace, Dr. Baker. My deepest (Mr. WILSON of South Carolina Former Senator Jesse Helms believed condolences are with Bonnie, your wife asked and was given permission to ad- the United Nations required funda- of 63 years; your two sons, daughter, dress the House for 1 minute and to re- mental reform to address these kinds grandchildren; and the entire Northark vise and extend his remarks.) of problems. I believe this latest action family in this time of great loss. Mr. WILSON of South Carolina. Mr. by the Security Council underscores Speaker, last month I was grateful f that need. that President Obama signed the Na- f CHINA SHOULD TAKE THEIR tional Defense Authorization Act into CRIMINAL ILLEGALS BACK OR law—legislation that will clearly pre- RECESS LOSE VISAS vent the closure of the prison at Guan- The SPEAKER pro tempore (Mr. (Mr. POE of Texas asked and was tanamo Bay. Sadly, this has not DENHAM). Pursuant to clause 12(a) of given permission to address the House stopped the President from releasing rule I, the Chair declares the House in for 1 minute and to revise and extend murderous terrorists, which, by weak- recess until approximately 4:30 p.m. his remarks.) ness, encourages more attacks against today. Mr. POE of Texas. Mr. Speaker, Qian American families that we can antici- Accordingly (at 2 o’clock and 9 min- Wu was held up at knifepoint and bru- pate in the future. utes p.m.), the House stood in recess.

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.004 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H201 b 1630 ‘‘(iii) The Centers for Disease Control and funded clinical practice support tools for Prevention. physicians and other health care profes- AFTER RECESS ‘‘(iv) The Indian Health Service. sionals in caring for and managing the care The recess having expired, the House ‘‘(v) The Department of Veterans Affairs. of individuals with any of the diseases and was called to order by the Speaker pro ‘‘(vi) The National Institutes of Health. complications described in subsection (a), ‘‘(vii) The Food and Drug Administration. specifically with regard to implementation tempore (Mr. COLLINS of New York) at ‘‘(viii) The Health Resources and Services of new treatments and technologies; 4 o’clock and 30 minutes p.m. Administration. ‘‘(5) evaluate programs described in sub- f ‘‘(ix) The Department of Defense. section (a) that are in existence as of the ‘‘(B) Twelve additional voting members ap- date of the enactment of this section and de- ANNOUNCEMENT BY THE SPEAKER pointed under paragraph (2). termine if such programs are meeting the PRO TEMPORE ‘‘(C) Such additional voting members as needs identified in paragraph (2) and, if such The SPEAKER pro tempore. Pursu- may be appointed by the Secretary, at the programs are determined as not meeting ant to clause 8 of rule XX, the Chair Secretary’s discretion, from among the such needs, recommend programs that would will postpone further proceedings heads (or their designees) of governmental or be more appropriate; nongovernmental entities that impact clin- ‘‘(6) recommend, with respect to the dis- today on motions to suspend the rules ical care of individuals with any of the diseases and complications described in sub- on which a recorded vote or the yeas eases and complications described in subsection (a), clinical pathways for new tech- and nays are ordered, or on which the section (a). nologies and treatments, including future vote incurs objection under clause 6 of ‘‘(2) ADDITIONAL MEMBERS.—The Commis- data collection activities, that may be devel- rule XX. sion shall include additional voting members oped and then used to evaluate— Record votes on postponed questions appointed by the Secretary, in consultation ‘‘(A) various care models and methods; and will be taken later. with national medical societies and patient ‘‘(B) the impact of such models and meth- advocacy organizations with expertise in the ods on quality of care as measured by appro- f care and epidemiology of any of the diseases priate care parameters (such as A1C, blood NATIONAL CLINICAL CARE and complications described in subsection pressure, and cholesterol levels); (a), including one or more such members ‘‘(7) evaluate and expand education and COMMISSION ACT from each of the following categories: awareness activities provided to physicians Mr. BURGESS. Mr. Speaker, I move ‘‘(A) Clinical endocrinologists. and other health care professionals regarding to suspend the rules and pass the bill ‘‘(B) Physician specialties (other than as clinical practices for the prevention and (H.R. 309) to amend the Public Health described in subparagraph (A)) that play a treatment of the diseases and complications Service Act to foster more effective role in diseases and complications described described in subsection (a); in subsection (a), such as cardiologists, ‘‘(8) review and recommend appropriate implementation and coordination of nephrologists, and eye care professionals. methods for outreach and dissemination of clinical care for people with a complex ‘‘(C) Primary care physicians. educational resources that— metabolic or autoimmune disease, a ‘‘(D) Non-physician health care profes- ‘‘(A) address the diseases and complica- disease resulting from insulin defi- sionals, such as certified diabetes educators, tions described in subsection (a); ciency or insulin resistance, or com- registered dieticians and nutrition profes- ‘‘(B) are funded by the Federal Govern- plications caused by such a disease, sionals, nurses, nurse practitioners, physi- ment; and and for other purposes. cian assistants. ‘‘(C) are intended for health care profes- ‘‘(E) Patient advocates. The Clerk read the title of the bill. sionals and the public; and ‘‘(F) National experts in the duties listed ‘‘(9) carry out other activities, such as ac- The text of the bill is as follows: under subsection (c). tivities relating to the areas of public health H.R. 309 ‘‘(G) Health care providers furnishing serv- and nutrition, that the Commission deems Be it enacted by the Senate and House of Rep- ices to a patient population that consists of appropriate with respect to the diseases and resentatives of the United States of America in a high percentage (as specified by the Sec- complications described in subsection (a). Congress assembled, retary) of individuals who are enrolled in a ‘‘(d) OPERATING PLAN.— State plan under title XIX of the Social Se- SECTION 1. SHORT TITLE. ‘‘(1) INITIAL PLAN.—Not later than 90 days curity Act or who are not covered under a after its first meeting, the Commission shall This Act may be cited as the ‘‘National health plan or health insurance coverage. submit to the Secretary and the Congress an Clinical Care Commission Act’’. ‘‘(3) CHAIRPERSON.—The voting members of operating plan for carrying out the activities SEC. 2. ESTABLISHMENT OF A NATIONAL CLIN- the Commission shall select a chairperson of the Commission as described in subsection ICAL CARE COMMISSION. from the members appointed under para- (c). Such operating plan may include— Part P of title III of the Public Health graph (2) from the category under paragraph ‘‘(A) a list of specific activities that the Service Act (42 U.S.C. 280g et seq.) is amend- (2)(A). Commission plans to conduct for purposes of ed by adding at the end the following new ‘‘(4) MEETINGS.—The Commission shall carrying out the duties described in each of section: meet at least twice, and not more than 4 the paragraphs in subsection (c); ‘‘SEC. 399V–7. NATIONAL CLINICAL CARE COMMIS- times, a year. ‘‘(B) a plan for completing the activities; SION. ‘‘(5) BOARD TERMS.—Members of the Com- ‘‘(C) a list of members of the Commission ‘‘(a) ESTABLISHMENT.—There is hereby es- mission appointed pursuant to subparagraph and other individuals who are not members tablished, within the Department of Health (B) or (C) of paragraph (1), including the of the Commission who will need to be in- and Human Services, a National Clinical chairperson, shall serve for a 3-year term. A volved to conduct such activities; Care Commission (in this section referred to vacancy on the Commission shall be filled in ‘‘(D) an explanation of Federal agency in- as the ‘Commission’) to evaluate, and rec- the same manner as the original appoint- volvement and coordination needed to con- ommend solutions regarding better coordina- ments. duct such activities; tion and leveraging of, programs within the ‘‘(c) DUTIES.—The Commission shall— ‘‘(E) a budget for conducting such activi- Department and other Federal agencies that ‘‘(1) evaluate programs of the Department ties; relate in any way to supporting appropriate of Health and Human Services regarding the ‘‘(F) a plan for evaluating the value and clinical care (such as any interactions be- utilization of diabetes screening benefits, an- potential impact of the Commission’s work tween physicians and other health care pro- nual wellness visits, and other preventive and recommendations, including the possible viders and their patients related to treat- health benefits that may reduce the inci- continuation of the Commission for the pur- ment and care management) for individuals dence of the diseases and complications de- poses of overseeing their implementation; with— scribed in subsection (a), including identi- and ‘‘(1) one or more complex metabolic or fying problems regarding such utilization ‘‘(G) other information that the Commis- autoimmune diseases; and related data collection mechanisms and sion deems appropriate. ‘‘(2) one or more diseases resulting from in- make recommendations; ‘‘(2) UPDATES.—The Commission shall peri- sulin deficiency or insulin resistance; or ‘‘(2) identify current activities and critical odically update the operating plan under ‘‘(3) complications caused by one or more gaps in Federal efforts to support clinicians paragraph (1) and submit such updates to the of any of such diseases. in providing integrated, high-quality care to Secretary and the Congress. ‘‘(b) MEMBERSHIP.— individuals with any of the diseases and com- ‘‘(e) FINAL REPORT.—By not later than 3 ‘‘(1) IN GENERAL.—The Commission shall be plications described in subsection (a); years after the date of the Commission’s composed of the following voting members: ‘‘(3) make recommendations regarding the first meeting, the Commission shall submit ‘‘(A) The heads (or their designees) of the coordination of clinically based activities to the Secretary and the Congress a final re- following Federal agencies and departments: that are being supported by the Federal Gov- port containing all of the findings and rec- ‘‘(i) The Centers for Medicare & Medicaid ernment with respect to the diseases and ommendations required by this section. Not Services. complications described in subsection (a); later than 120 days after the submission of ‘‘(ii) The Agency for Healthcare Research ‘‘(4) make recommendations regarding the the final report, the Secretary shall review and Quality. development and coordination of federally the plan required by subsection (d)(1)(F) and

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.007 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H202 CONGRESSIONAL RECORD — HOUSE January 9, 2017 submit to the Congress a recommendation on and diseases resulting from insulin de- mission comprised of doctors who spe- whether the Commission should be reauthor- ficiency or insulin resistance. cialize in diabetes care for patients. ized to operate after fiscal year 2021. The most common metabolic dis- This commission will have 3 years to ‘‘(f) SUNSET.—The Commission shall termi- order in the U.S. is diabetes, which af- strengthen their partnership between nate 120 days after submitting its final report, but not later than the end of fiscal year fects more than 29 million Americans. Federal stakeholders and health pro- 2021.’’. Racial and ethnic minority commu- fessionals, who will bring hands-on nities suffer increased rates of this con- The SPEAKER pro tempore. Pursu- clinical experience to improve care. dition. 15.9 percent of American Indi- This is not a new, unending bureauc- ant to the rule, the gentleman from ans and Alaskan Natives, 13.2 percent racy. After 3 years, this commission Texas (Mr. BURGESS) and the gen- of non-Hispanic Blacks, and 12.8 per- will sunset. In 3 years, it will be gone. tleman from Texas (Mr. GENE GREEN) cent of Hispanics have diagnosed diabe- We have already made a huge invest- each will control 20 minutes. tes, compared to just 7.6 percent of ment of taxpayer dollars into research. The Chair recognizes the gentleman non-Hispanic Whites. It is time for us to leverage that in- from Texas (Mr. BURGESS). Diabetes takes a huge toll on human vestment and translate that into GENERAL LEAVE health. It is the seventh leading cause meaningful prevention and effective Mr. BURGESS. Mr. Speaker, I ask of death in the United States. Addi- treatment options. unanimous consent that all Members tionally, all too often, diabetes leads to So today, I ask my colleagues to have 5 legislative days in which to re- avoidable complications such as blind- again help those who suffer from diabe- vise and extend their remarks and in- ness, limb amputation, and kidney fail- tes or other complex metabolic and sert extraneous materials in the ure. autoimmune disorders by voting for RECORD on the bill. In addition to the effects on human H.R. 309. The SPEAKER pro tempore. Is there health, diabetes care makes up a large Mr. GENE GREEN of Texas. Mr. objection to the request of the gen- percentage of U.S. healthcare expendi- Speaker, I have no other speakers. tleman from Texas? tures. Currently, $1 of every $5 of I reserve the balance of my time in There was no objection. healthcare costs is spent on caring for case someone shows up. Mr. BURGESS. Mr. Speaker, I yield people with diabetes. The proportion of Mr. BURGESS. Mr. Speaker, I yield 3 myself such time as I may consume. Medicare funding is even greater. Cur- minutes to the gentleman from Geor- Mr. Speaker, I rise today in support rently, $1 of every $3 of Medicare ex- gia (Mr. CARTER), a new member of the of H.R. 309, the National Clinical Care penditures is spent caring for people Energy and Commerce Committee. Commission Act, introduced by Rep- with diabetes. Mr. CARTER of Georgia. Mr. Speak- resentative PETE OLSON and which was That is why it is important to im- er, I rise today in support of H.R. 1192, supported by over 229 cosponsors in the prove Federal efforts that prevent the National Diabetes Clinical Care 114th Congress. avoidable cases of diabetes and meta- Commission Act, which establishes H.R. 309 establishes a clinical care bolic disorders and ensure all Ameri- within the Department of Health and commission to evaluate and rec- cans have treatment and management Human Services the national diabetes ommend solutions regarding better co- of services necessary to successfully clinical care commission. ordinating and leveraging of Federal manage this and other of these condi- The commission will look into dis- programs related to complex metabolic tions. semination of information and re- or autoimmune disorders, such as dia- I am glad to see this legislation move sources to clinicians on best practices betes. forward, and I urge my colleagues to for delivering high-quality care and Metabolic disorders take a large toll vote ‘‘yes’’ on H.R. 309. how best to effectively deploy new and on many Americans each year, and I reserve the balance of my time. emerging treatments and technologies. complications from these disorders can Mr. BURGESS. Mr. Speaker, I yield As a pharmacist, I play an important lead to catastrophic health outcomes. such time as he may consume to the role in diabetes care by screening pa- Currently, there are various programs gentleman from Texas (Mr. OLSON). tients who had a high risk for diabetes across the Federal Government that Mr. OLSON. Mr. Speaker, I thank the and educating patients to empower touch on metabolic disorders—some gentleman from Denton, Texas (Mr. them to take better care of themselves. focus on prevention and others focus on BURGESS) for yielding me time to speak I believe all of my colleagues would treatment—but there is a lack of co- about my bill, H.R. 309, the National agree that making government work to ordination among these programs. Im- Clinical Care Commission Act, a bipar- help evaluate and recommend solutions proving coordination of such efforts tisan bill that received unanimous sup- regarding diabetes is important. provides an opportunity to reduce costs port in the last Congress and was co- The American Diabetes Association while improving health outcomes. sponsored by over half of my House col- reports that there are almost 30 mil- This legislation received broad sup- leagues. lion people living with this disease. port from the Energy and Commerce It had this level of support because With better coordination and Committee, passing through a full our Nation faces an epidemic. Diabetes leveraging of Federal programs that re- committee markup by a voice vote dur- or prediabetes affects over 100 million late to clinical care for people with di- ing the 114th Congress. Americans. Nearly one in three of our abetes and chronic diseases and condi- H.R. 309 provides no new spending neighbors is affected. This is in addi- tions caused by diabetes, we will begin and utilizes only existing funds at the tion to all of the Americans whose dis- to stem the tide of this awful disease. Department of Health and Human eases fall under complex metabolic, This legislation should be a priority Services. autoimmune, or insulin-resistant dis- for our country, and I urge my col- Mr. Speaker, I urge my colleagues to eases. leagues to support this bill. support this legislation, and I reserve When I first came to Congress in 2009, Mr. GENE GREEN of Texas. Mr. the balance of my time. it was crystal clear that we had a big Speaker, I want to welcome the gen- Mr. GENE GREEN of Texas. Mr. problem. The benefits of all the Fed- tleman from Georgia (Mr. CARTER) to Speaker, I yield myself such time as I eral research dollars going into these the Energy and Commerce Committee. may consume. diseases were simply not making their I yield back the balance of my time. I rise in support of H.R. 309, spon- way to patients. Researchers at the Mr. BURGESS. Mr. Speaker, I have sored by my Texas neighbor, Congress- NIH, the CDC, the FDA, and even DOD no additional speakers at this time. man PETE OLSON, and our other col- weren’t sharing diabetes research. This is a good bill. It did pass at the league on the Energy and Commerce It was clear to me in 2009, and it is end of last Congress. Maybe by passing Committee, DAVID LOEBSACK of Iowa, clear today in 2017, that we need a at the beginning of this Congress, we the National Clinical Care Commission laser-like focus on improving patient will give the other body ample time to Act. care by pursuing a strong Federal focus take it up this year. This legislation aims to improve Fed- on research. It is a good bill. It is worthy of our eral efforts to treat and prevent meta- My bill accomplishes that goal by consideration again today. It provides bolic disorders, autoimmune diseases, creating a national clinical care com- no new spending.

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.004 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H203 I urge passage of H.R. 309. ‘‘(B) affecting the types of health profes- births, low birth weight infants, and I yield back the balance of my time. sionals, without application of this sub- maternal mortality. The SPEAKER pro tempore. The section, otherwise eligible for assistance, in- To provide just one example of how question is on the motion offered by cluding a loan repayment or scholarship, limited access to quality maternity pursuant to the application of this section.’’. the gentleman from Texas (Mr. BUR- care service is affecting American com- GESS) that the House suspend the rules The SPEAKER pro tempore. Pursu- munities is that while global maternal and pass the bill, H.R. 309. ant to the rule, the gentleman from mortality rates have fallen by more The question was taken; and (two- Texas (Mr. BURGESS) and the gen- than a third from 2000 to 2015, the ma- thirds being in the affirmative) the tleman from Texas (Mr. GENE GREEN) ternal mortality rate in the United rules were suspended and the bill was each will control 20 minutes. States has increased. In 2015, 25 women passed. The Chair recognizes the gentleman lost their lives during pregnancy or A motion to reconsider was laid on from Texas (Mr. BURGESS). childbirth per 100,000 births in the U.S., the table. GENERAL LEAVE compared to 23 women who did so in Mr. BURGESS. Mr. Speaker, I ask only 2000. f unanimous consent that all Members It is clear that we must do more to IMPROVING ACCESS TO have 5 legislative days to revise and ex- reverse the troubling trend and other MATERNITY CARE ACT tend their remarks and to insert extra- poor outcomes that result in limited access to maternity care providers. Mr. BURGESS. Mr. Speaker, I move neous material in the RECORD on the Congress must make it a priority to to suspend the rules and pass the bill bill. ensure our women have access to pre- (H.R. 315) to amend the Public Health The SPEAKER pro tempore. Is there objection to the request of the gen- natal and maternity care services. Service Act to distribute maternity I support H.R. 315. I urge my col- care health professionals to health pro- tleman from Texas? There was no objection. leagues to vote ‘‘yes.’’ fessional shortage areas identified as in I reserve the balance of my time. need of maternity care health services. Mr. BURGESS. Mr. Speaker, I yield myself such time as I may consume. Mr. BURGESS. Mr. Speaker, I yield 3 The Clerk read the title of the bill. minutes to the gentleman from Ten- The text of the bill is as follows: Mr. Speaker, I rise today in support of H.R. 315, the Improving Access to nessee (Mr. ROE), the chairman of the H.R. 315 Maternity Care Act, which I introduced Veterans’ Affairs Committee and a fel- Be it enacted by the Senate and House of Rep- with Representative ESHOO. low OB/GYN. resentatives of the United States of America in H.R. 315 increases data collection by Congress assembled, b 1645 the Department of Health and Human SECTION 1. SHORT TITLE. Mr. ROE of Tennessee. Mr. Speaker, I Services to help better place maternity This Act may be cited as the ‘‘Improving rise today in support of H.R. 315, the Access to Maternity Care Act’’. care providers through the National Improving Access to Maternity Care SEC. 2. MATERNITY CARE HEALTH PROFES- Health Service Corps repayment pro- Act, sponsored by the gentleman from SIONAL TARGET AREAS. gram. Currently, maternity care pro- Texas (Mr. BURGESS), a fellow OB/GYN Section 332 of the Public Health Service viders participate in the National and chairman of the Health Caucus. Act (42 U.S.C. 254e) is amended by adding at Health Service Corps through the pri- One of the easiest ways to ensure a the end the following new subsection: mary care designation, but they are safer and healthier pregnancy experi- ‘‘(k)(1) The Secretary, acting through the not always placed where they are need- ence for both mother and child is Administrator of the Health Resources and ed the most. H.R. 315 will require in- through adequate maternity care. Un- Services Administration, shall identify, creased data collection on maternity based on the data collected under paragraph fortunately, there are pockets across (3), maternity care health professional target care providers who will then be placed the United States where women do not areas that satisfy the criteria described in in geographic areas within existing have access to needed OB/GYN care, paragraph (2) for purposes of, in connection health professional shortage areas, which puts both mothers and babies at with receipt of assistance under this title, again, where they are most needed. risk should a complication arise. assigning to such identified areas maternity This legislation enjoyed broad sup- As an OB/GYN who spent 31 years in care health professionals who, without appli- port on the Energy and Commerce practice, I find it unacceptable that 1 cation of this subsection, would otherwise be Committee, passing through the full million babies are born to mothers who eligible for such assistance. The Secretary committee markup by a voice vote in shall distribute maternity care health pro- did not receive adequate prenatal care. fessionals within health professional short- the 114th Congress. Without that proper care, babies born age areas using the maternity care health H.R. 315 provides no new spending, to these mothers are three times more professional target areas so identified. Mr. Speaker. likely to be born at a low birth weight ‘‘(2) For purposes of paragraph (1), the Sec- I urge all my colleagues to support and five times more likely to die than retary shall establish criteria for maternity this legislation. babies whose mothers did receive ade- care health professional target areas that I reserve the balance of my time. quate maternity care. identify geographic areas within health pro- Mr. GENE GREEN of Texas. Mr. With a large number of OB/GYNs fessional shortage areas that have a shortage Speaker, I yield myself such time as I nearing retirement age and a female of maternity care health professionals. may consume. ‘‘(3) For purposes of this subsection, the population expected to increase by 36 Secretary shall collect and publish in the Mr. Speaker, I rise in support of H.R. percent by 2050, there is no more im- Federal Register data comparing the avail- 315, the Improving Access to Maternity portant time than now to ensure ade- ability and need of maternity care health Care Act. quate access to maternity care for all services in health professional shortage This important legislation would re- mothers, no matter where they live. A areas and in areas within such health profes- quire the Health Resources and Serv- woman living in rural east Tennessee sional shortage areas. ices Administration to better identify or rural Texas should have the same ‘‘(4) In carrying out paragraph (1), the Sec- areas with increased need for mater- access to adequate maternity care as retary shall seek input from relevant pro- nity care services. This would help en- vider organizations, including medical soci- someone living in the city of Nashville, eties, organizations representing medical fa- sure the placement of maternity care Memphis, Dallas, or wherever. cilities, and other organizations with exper- providers within the National Health I am a proud cosponsor of this legis- tise in maternity care. Service Corps in areas with the most lation that would require the Health ‘‘(5) For purposes of this subsection, the need for their services. Resources and Services Administration term ‘full scope maternity care health serv- Improving access to maternity care to designate maternity healthcare pro- ices’ includes during labor care, birthing, providers in our most underserved com- fessional shortage areas and target ma- prenatal care, and postpartum care. munities will help reduce the poor ternity care resources where they are ‘‘(6) Nothing in this subsection shall be health outcomes that can result when construed as— most needed, helping to ensure ‘‘(A) requiring the identification of a ma- women don’t have access to quality, healthier pregnancies and healthier ba- ternity care health professional target area prenatal maternity services that they bies. in an area not otherwise already designated need. Those outcomes can include in- It was my job as an OB/GYN to make as a health professional shortage area; or creased infant mortality, preterm sure that mothers and their children

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.009 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H204 CONGRESSIONAL RECORD — HOUSE January 9, 2017 were healthy during and after preg- ceedings on this motion will be post- professional’’ means a physician, athletic nancy, and I feel very strongly about poned. trainer, or other health care professional who— that duty now that I am here in Con- f gress. While this bill will not solve the (A) is licensed to practice in the primary SPORTS MEDICINE LICENSURE State; entire shortage crisis, I think this bill CLARITY ACT OF 2017 (B) provides covered medical services, pur- is a meaningful start. I urge my col- suant to a written agreement with an ath- leagues to support this legislation. Mr. BURGESS. Mr. Speaker, I move lete, an athletic team, a national governing Mr. GENE GREEN of Texas. Mr. to suspend the rules and pass the bill body, a high school, or an institution of Speaker, I reserve the balance of my (H.R. 302) to provide protections for higher education; and time. certain sports medicine professionals (C) prior to providing the covered medical Mr. BURGESS. Mr. Speaker, it is my who provide certain medical services in services described in subparagraph (B), has pleasure to yield 3 minutes to the gen- a secondary State. disclosed the nature and extent of such services to the entity that provides the profes- tleman from Georgia (Mr. CARTER). The Clerk read the title of the bill. Mr. CARTER of Georgia. Mr. Speak- The text of the bill is as follows: sional with liability insurance in the primary State. er, I thank the gentleman for yielding. H.R. 302 (5) HEALTH CARE FACILITY.—The term Be it enacted by the Senate and House of Rep- Mr. Speaker, I rise today in support ‘‘health care facility’’ means a facility in resentatives of the United States of America in of H.R. 315, the Improving Access to which medical care, diagnosis, or treatment Congress assembled, Maternity Care Act. is provided on an inpatient or outpatient Our Nation is facing a critical short- SECTION 1. SHORT TITLE. basis. Such term does not include facilities This Act may be cited as the ‘‘Sports Medi- age of maternity healthcare services at an arena, stadium, or practice facility, or cine Licensure Clarity Act of 2017’’. and professionals. Many Americans in temporary facilities existing for events SEC. 2. PROTECTIONS FOR COVERED SPORTS where athletes or athletic teams may com- rural or medically underserved areas MEDICINE PROFESSIONALS. pete. have little to no access to maternity (a) IN GENERAL.—In the case of a covered (6) INSTITUTION OF HIGHER EDUCATION.—The care services, either due to geo- sports medicine professional who has in ef- term ‘‘institution of higher education’’ has graphical constraints or a shortage of fect medical professional liability insurance coverage and provides in a secondary State the meaning given such term in section 101 healthcare providers. This bill would of the Higher Education Act of 1965 (20 U.S.C. encourage physicians and other covered medical services that are within the scope of practice of such professional in the 1001). healthcare professionals to serve in primary State to an athlete or an athletic (7) NATIONAL GOVERNING BODY.—The term rural and underserved communities by team (or a staff member of such an athlete ‘‘national governing body’’ has the meaning creating a maternity care designation or athletic team) pursuant to an agreement given such term in section 220501 of title 36, in the National Health Service Corps. described in subsection (b)(4) with respect to United States Code. The National Health Service Corps such athlete or athletic team— (8) PRIMARY STATE.—The term ‘‘primary provides up to $50,000 in student loan (1) such medical professional liability in- State’’ means, with respect to a covered surance coverage shall cover (subject to any sports medicine professional, the State in repayments for healthcare profes- which— sionals who commit to providing care related premium adjustments) such professional with respect to such covered medical (A) the covered sports medicine profes- in health profession shortage areas for services provided by the professional in the sional is licensed to practice; and a minimum of 2 years. The program secondary State to such an individual or (B) the majority of the covered sports med- has already made great progress in in- team as if such services were provided by icine professional’s practice is underwritten creasing access and reducing provider such professional in the primary State to for medical professional liability insurance shortages in dental care, mental such an individual or team; and coverage. health, and primary care. (2) to the extent such professional is li- (9) SECONDARY STATE.—The term ‘‘secondary State’’ means, with respect to a cov- Maternity health professionals can censed under the requirements of the primary State to provide such services to such ered sports medicine professional, any State and do already serve in the National that is not the primary State. Health Service Corps, but they are an individual or team, the professional shall be treated as satisfying any licensure re- (10) STATE.—The term ‘‘State’’ means each placed in the same manner as primary quirements of the secondary State to provide of the several States, the District of Colum- care providers. This bill would create a such services to such an individual or team. bia, and each commonwealth, territory, or separate designation for maternity (b) DEFINITIONS.—In this Act, the following possession of the United States. care providers, ensuring that mater- definitions apply: The SPEAKER pro tempore. Pursu- nity health needs are more efficiently (1) ATHLETE.—The term ‘‘athlete’’ means— ant to the rule, the gentleman from addressed in underserved communities (A) an individual participating in a sport- Texas (Mr. BURGESS) and the gen- ing event or activity for which the individual that need them the most. tleman from Texas (Mr. GENE GREEN) I urge my colleagues to support this may be paid; (B) an individual participating in a sport- each will control 20 minutes. bill. ing event or activity sponsored or sanctioned The Chair recognizes the gentleman Mr. GENE GREEN of Texas. Mr. by a national governing body; or from Texas (Mr. BURGESS). Speaker, I yield back the balance of (C) an individual for whom a high school or GENERAL LEAVE my time. institution of higher education provides a Mr. BURGESS. Mr. Speaker, I ask Mr. BURGESS. Mr. Speaker, H.R. 315, covered sports medicine professional. unanimous consent that all Members once again, is a bill that passed with (2) ATHLETIC TEAM.—The term ‘‘athletic may have 5 legislative days in which to overwhelming support in the last Con- team’’ means a sports team— revise and extend their remarks and in- gress. I hope that by taking it up early (A) composed of individuals who are paid sert extraneous material in the RECORD in this Congress, we will allow time for to participate on the team; on the bill. the other body to attend to this needed (B) composed of individuals who are participating in a sporting event or activity The SPEAKER pro tempore. Is there legislation. I urge my colleagues to sponsored or sanctioned by a national gov- objection to the request of the gen- support H.R. 315. erning body; or tleman from Texas? I yield back the balance of my time. (C) for which a high school or an institu- The SPEAKER pro tempore. The There was no objection. tion of higher education provides a covered Mr. BURGESS. Mr. Speaker, I yield question is on the motion offered by sports medicine professional. myself such time as I may consume. the gentleman from Texas (Mr. BUR- (3) COVERED MEDICAL SERVICES.—The term Mr. Speaker, I rise today in support GESS) that the House suspend the rules ‘‘covered medical services’’ means general and pass the bill, H.R. 315. medical care, emergency medical care, ath- of H.R. 302, the Sports Medicine Licen- The question was taken. letic training, or physical therapy services. sure Clarity Act of 2017, introduced by The SPEAKER pro tempore. In the Such term does not include care provided by my colleague on the Health Sub- opinion of the Chair, two-thirds being a covered sports medicine professional— committee, BRETT GUTHRIE. The bill is (A) at a health care facility; or in the affirmative, the ayes have it. identical to H.R. 921 from the last Con- (B) while a health care provider licensed to gress, which passed by a voice vote in Mr. BURGESS. Mr. Speaker, on that practice in the secondary State is trans- I demand the yeas and nays. porting the injured individual to a health the House in September. The yeas and nays were ordered. care facility. Team physicians and other licensed The SPEAKER pro tempore. Pursu- (4) COVERED SPORTS MEDICINE PROFES- sports medicine professionals often ant to clause 8 of rule XX, further pro- SIONAL.—The term ‘‘covered sports medicine travel with their athletes to away

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.012 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H205 games and other sanctioned sporting I thank Mr. GUTHRIE from Kentucky I would personally like to thank my events outside of their home State. and Mr. RICHMOND from Louisiana for longtime legislative director, who just When providing care to an injured their excellent work. took another job. She worked tirelessly player during the game or in the locker I reserve the balance of my time. on this. As simple and as commonsense room afterwards, they are often doing Mr. BURGESS. Mr. Speaker, I am as this bill is, there are a lot of details so at great personal and professional pleased to yield 3 minutes to the gen- when you are trying to define details risk. If they are sued, their home State tleman from Kentucky (Mr. GUTHRIE). about going across jurisdictions and license could be in jeopardy and their Mr. GUTHRIE. Mr. Speaker, I thank State lines. I wish Megan Jackson well malpractice insurance may not cover the gentleman for yielding. in her new endeavor. them. Tonight, millions of Americans, in- I urge my colleagues to support this This commonsense bill would provide cluding myself, will tune in to the Col- measure. needed clarity. lege Football Playoff National Cham- Mr. GENE GREEN of Texas. Mr. First, by stating that their liability pionship between the University of Speaker, I continue to reserve the bal- insurance shall cover them outside of Alabama and Clemson University. As ance of my time. their home State for limited services with any college or professional com- Mr. BURGESS. Mr. Speaker, I am within the scope of their practice, sub- petition, both teams will have pleased to yield 3 minutes to the gen- ject to any related premium adjust- healthcare practitioners traveling with tleman from Georgia (Mr. CARTER). ments. them to the game. Mr. CARTER of Georgia. Mr. Speak- Second, to the extent that the Unfortunately, many States do not er, I rise today in support of H.R. 302, healthcare professional is licensed provide legal protection for sports the Sports Medicine Licensure Clarity under the requirements of their home medicine practitioners who travel with Act, and what it means for sports med- State to provide certain services to an these athletes since they are not li- icine professionals looking to provide athlete or to a team, they shall be censed to practice medicine in the sec- comprehensive services to those in treated as satisfying corresponding li- ondary State. The Sports Medicine Li- need. Congressman GUTHRIE’s legislation, censing requirements of the secondary censure Clarity Act, which I introduced which I have cosponsored, would over- State in these narrowly defined in- with Mr. RICHMOND of Louisiana, would haul the current system that leaves stances. ensure that sports medicine profes- sports medicine professionals and ath- H.R. 302 is supported by a wide range sionals can provide high-quality and letic trainers vulnerable to liability of professional medical associations as timely health care to athletes without issues. Athletic trainers and other well as amateur and professional sports having to worry about potential liabil- sports medicine professionals can trav- organizations. I urge my colleagues to ity when traveling across State lines el with a team to another State, and by join me in supporting this bill. with their teams. I reserve the balance of my time. The nature of sports medicine profes- providing care, they are opening them- Mr. GENE GREEN of Texas. Mr. sionals’ jobs require them to frequently selves up to repercussions. These pro- Speaker, I yield myself such time as I travel between States so that athletes fessionals provide preventive care as may consume. can receive proper care the moment well as medical care and advice to ath- I rise today in support of H.R. 302, they are injured. However, providers letes in the event of an injury. Cur- the Sports Medicine Licensure Clarity are at great personal and professional rently, insurance companies don’t fully Act. This bill solves a problem unique risk because medical liability insur- cover those professionals who travel to sports medicine professionals who ance does not cover costs for lawsuits with their team or organization to a are required to travel to different related to care provided in States in secondary State. States with their teams. Medical licen- which they are not licensed. It is not a This legislation extends liability insure is regulated on a State-by-State reasonable solution to require practi- surance coverage to those medical pro- basis and does not work across State tioners to become licensed in every fessionals to allow them to safely and lines. Thus, often when a sports medi- State where their teams will play dur- fully carry out their responsibilities. cine provider travels with a team to ing a given season. They shouldn’t have to decide if they another State, they are technically This came to my attention, and I can or can’t provide care to the same practicing without a license, and their talked to a friend of mine who is an people simply because they happen to medical liability insurance is rendered emergency room physician in Auburn, be in a different location for a short pe- null. This is not something that is not Alabama. He travels with Auburn Uni- riod of time as part of their job. Within important. versity. At the time, a few years ago, this bill, we can ensure that these pro- This weekend, the Houston Texans they were playing in what was then the fessionals with the knowledge and ex- are proud to be in the playoffs. They BCS game. So here is a friend of mine, perience to administer care will have are going to New England, and we a physician, traveling with Auburn to the protections needed to safely and would like to have our Texas doctors the Rose Bowl in California. Fortu- properly fulfill their duties. I applaud the gentleman from Ken- making sure our players are safe. nately, it didn’t happen, but what if he tucky (Mr. GUTHRIE) for his work on This bill would ensure that sports had to take care of Cam Newton, who this issue and the work of the Energy medicine professionals who contract was the quarterback at the time? First and Commerce Committee to address with a team are covered by their med- of all, the players want physicians that these reforms to the sports medicine ical liability insurance while traveling know them taking care of them, but field, and I urge passage of this impor- with their team. It also provides that think of the liability because he was in tant legislation. any incidents of medical malpractice California when he is licensed to prac- Mr. GENE GREEN of Texas. Mr. occurring under the care of a traveling tice in Alabama and if something had Speaker, I yield back the balance of team sports medicine professional gone wrong to as valuable an athlete as my time. must be treated as if it occurred in the Cam Newton. professional’s primary State of prac- It is important that we do this. It is b 1700 tice, regardless of where the game took just pure common sense. It is very bi- Mr. BURGESS. Mr. Speaker, I urge place. Providers still would not be al- partisan. My friend Mr. RICHMOND and I passage of H.R. 302 by this body, and I lowed to practice beyond the scope of have worked on this together. yield back the balance of my time. their licenses, and they may only treat I ask my colleagues to join me in The SPEAKER pro tempore. The athletes on the field. supporting this commonsense, bipar- question is on the motion offered by By working with the Energy and tisan bill to provide clarity for sports the gentleman from Texas (Mr. BUR- Commerce Committee and stake- professionals performing their duties GESS) that the House suspend the rules holders last Congress, the sponsors of when caring for athletes. We passed and pass the bill, H.R. 302. this bill have created a sensible solu- this bill quickly last session. We are The question was taken; and (two- tion to this distinct problem. I encour- going to do it quickly again this Con- thirds being in the affirmative) the age my colleagues to vote ‘‘yes’’ on the gress and give time for the other body rules were suspended and the bill was bill. to address this. passed.

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.014 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H206 CONGRESSIONAL RECORD — HOUSE January 9, 2017 A motion to reconsider was laid on ‘‘(I) issued in accordance with a policy of ‘‘(A) all emergency medical services profes- the table. the agency; sionals who administer controlled substances ‘‘(II) provided by an authorizing medical using the agency’s registration act in ac- f professional in response to a request by the cordance with the requirements of this sub- PROTECTING PATIENT ACCESS TO emergency medical services professional section; EMERGENCY MEDICATIONS ACT with respect to a specific patient; ‘‘(B) the recordkeeping requirements of OF 2017 ‘‘(III) in the case of a mass casualty inci- paragraph (9) are met with respect to a reg- dent; or istered location and each designated location Mr. BURGESS. Mr. Speaker, I move ‘‘(IV) to ensure the proper care and treat- of the agency; to suspend the rules and pass the bill ment of a specific patient. ‘‘(C) the applicable physical security re- (H.R. 304) to amend the Controlled Sub- ‘‘(5) DELIVERY.—A registered emergency quirements established by regulation of the stances Act with regard to the provi- medical services agency may deliver con- Attorney General are complied with wher- sion of emergency medical services. trolled substances from a registered location ever controlled substances are stored by the The Clerk read the title of the bill. of the agency to an unregistered location of agency in accordance with paragraph (6); and The text of the bill is as follows: the agency only if— ‘‘(D) the agency maintains, at a registered ‘‘(A) the agency designates the unregis- location of the agency, a record of the stand- H.R. 304 tered location for such delivery; and ing orders issued or adopted in accordance Be it enacted by the Senate and House of Rep- ‘‘(B) notifies the Attorney General at least with paragraph (9). resentatives of the United States of America in 30 days prior to first delivering controlled ‘‘(11) REGULATIONS.—The Attorney General Congress assembled, substances to the unregistered location. may issue regulations— SECTION 1. SHORT TITLE. ‘‘(6) STORAGE.—A registered emergency ‘‘(A) specifying, with regard to delivery of This Act may be cited as the ‘‘Protecting medical services agency may store con- controlled substances under paragraph (5)— Patient Access to Emergency Medications trolled substances— ‘‘(i) the types of locations that may be des- Act of 2017’’. ‘‘(A) at a registered location of the agency; ignated under such paragraph; and SEC. 2. EMERGENCY MEDICAL SERVICES. ‘‘(B) at any designated location of the ‘‘(ii) the manner in which a notification Section 303 of the Controlled Substances agency or in an emergency services vehicle under paragraph (5)(B) must be made; Act (21 U.S.C. 823) is amended— situated at a registered or designated loca- ‘‘(B) specifying, with regard to the storage (1) by redesignating subsection (j) as sub- tion of the agency; or of controlled substances under paragraph (6), section (k); and ‘‘(C) in an emergency medical services ve- the manner in which such substances must (2) by inserting after subsection (i) the fol- hicle used by the agency that is— be stored at registered and designated loca- lowing: ‘‘(i) traveling from, or returning to, a reg- tions, including in emergency medical serv- ‘‘(j) EMERGENCY MEDICAL SERVICES THAT istered or designated location of the agency ice vehicles; and ADMINISTER CONTROLLED SUBSTANCES.— in the course of responding to an emergency; ‘‘(C) addressing the ability of hospitals, ‘‘(1) REGISTRATION.—For the purpose of en- or registered locations, and designated loca- abling emergency medical services profes- ‘‘(ii) otherwise actively in use by the agen- tions to deliver controlled substances to sionals to administer controlled substances cy. each other in the event of— in schedule II, III, IV, or V to ultimate users ‘‘(7) NO TREATMENT AS DISTRIBUTION.—The ‘‘(i) shortages of such substances; receiving emergency medical services in ac- delivery of controlled substances by a reg- ‘‘(ii) a public health emergency; or cordance with the requirements of this sub- istered emergency medical services agency ‘‘(iii) a mass casualty event. section, the Attorney General— pursuant to this subsection shall not be ‘‘(12) RULE OF CONSTRUCTION.—Nothing in ‘‘(A) shall register an emergency medical treated as distribution for purposes of sec- this subsection shall be construed— services agency if the agency submits an ap- tion 308. ‘‘(A) to limit the authority vested in the plication demonstrating it is authorized to ‘‘(8) RESTOCKING OF EMERGENCY MEDICAL Attorney General by other provisions of this conduct such activity under the laws of each SERVICES VEHICLES AT A HOSPITAL.—Notwith- title to take measures to prevent diversion State in which the agency practices; and standing paragraph (13)(J), a registered of controlled substances; or ‘‘(B) may deny an application for such reg- emergency medical services agency may re- ‘‘(B) to override the authority of any State istration if the Attorney General determines ceive controlled substances from a hospital to regulate the provision of emergency med- that the issuance of such registration would for purposes of restocking an emergency ical services. be inconsistent with the requirements of this medical services vehicle following an emer- ‘‘(13) DEFINITIONS.—In this section: subsection or the public interest based on gency response, and without being subject to ‘‘(A) The term ‘designated location’ means the factors listed in subsection (f). the requirements of section 308, provided all a location designated by an emergency med- ‘‘(2) OPTION FOR SINGLE REGISTRATION.—In of the following conditions are satisfied: ical services agency under paragraph (5). registering an emergency medical services ‘‘(A) The registered or designated location ‘‘(B) The term ‘emergency medical serv- agency pursuant to paragraph (1), the Attor- of the agency where the vehicle is primarily ices’ means emergency medical response and ney General shall allow such agency the op- situated maintains a record of such receipt emergency mobile medical services provided tion of a single registration in each State in accordance with paragraph (9). outside of a fixed medical facility. where the agency administers controlled ‘‘(B) The hospital maintains a record of ‘‘(C) The term ‘emergency medical services substances in lieu of requiring a separate such delivery to the agency in accordance agency’ means an organization providing registration for each location of the emer- with section 307. emergency medical services, including such gency medical services agency. ‘‘(C) If the vehicle is primarily situated at an organization that— ‘‘(3) HOSPITAL-BASED AGENCY.—If a hos- a designated location, such location notifies ‘‘(i) is governmental (including fire-based pital-based emergency medical services the registered location of the agency within and hospital-based agencies), nongovern- agency is registered under subsection (f), the 72 hours of the vehicle receiving the con- mental (including hospital-based agencies), agency may use the registration of the hos- trolled substances. private, or volunteer-based; pital to administer controlled substances in ‘‘(9) MAINTENANCE OF RECORDS.— ‘‘(ii) provides emergency medical services accordance with this subsection without ‘‘(A) IN GENERAL.—A registered emergency by ground, air, or otherwise; and being registered under this subsection. medical services agency shall maintain ‘‘(iii) is authorized by the State in which ‘‘(4) ADMINISTRATION OUTSIDE PHYSICAL records in accordance with subsections (a) the organization is providing such services PRESENCE OF MEDICAL DIRECTOR OR AUTHOR- and (b) of section 307 of all controlled sub- to provide emergency medical care, includ- IZING MEDICAL PROFESSIONAL.—Emergency stances that are received, administered, or ing the administering of controlled sub- medical services professionals of a registered otherwise disposed of pursuant to the agen- stances, to members of the general public on emergency medical services agency may ad- cy’s registration, without regard to sub- an emergency basis. minister controlled substances in schedule section 307(c)(1)(B). ‘‘(D) The term ‘emergency medical services II, III, IV, or V outside the physical presence ‘‘(B) REQUIREMENTS.—Such records— professional’ means a health care profes- of a medical director or authorizing medical ‘‘(i) shall include records of deliveries of sional (including a nurse, paramedic, or professional in the course of providing emer- controlled substances between all locations emergency medical technician) licensed or gency medical services if the administration of the agency; and certified by the State in which the profes- is— ‘‘(ii) shall be maintained, whether elec- sional practices and credentialed by a med- ‘‘(A) authorized by the law of the State in tronically or otherwise, at each registered ical director of the respective emergency which it occurs; and and designated location of the agency where medical services agency to provide emer- ‘‘(B) pursuant to— the controlled substances involved are re- gency medical services within the scope of ‘‘(i) a standing order that is issued and ceived, administered, or otherwise disposed the professional’s State license or certifi- adopted by one or more medical directors of of. cation. the agency, including any such order that ‘‘(10) OTHER REQUIREMENTS.—A registered ‘‘(E) The term ‘emergency medical services may be developed by a specific State author- emergency medical services agency, under vehicle’ means an ambulance, fire apparatus, ity; or the supervision of a medical director, shall supervisor truck, or other vehicle used by an ‘‘(ii) a verbal order that is— be responsible for ensuring that— emergency medical services agency for the

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.017 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H207 purpose of providing or facilitating emer- Carolina, Mr. HUDSON and Mr. Mr. BURGESS. Mr. Speaker, I yield 4 gency medical care and transport or trans- BUTTERFIELD. minutes to the gentleman from Oregon porting controlled substances to and from H.R. 304 would update the Drug En- (Mr. WALDEN), the chairman of the full the registered and designated locations. forcement Administration registration Committee on Energy and Commerce. ‘‘(F) The term ‘hospital-based’ means, with respect to an agency, owned or operated by a process for emergency medical services Mr. WALDEN. Mr. Speaker, I thank hospital. agencies with multiple locations, clari- my colleagues on the Energy and Com- ‘‘(G) The term ‘medical director’ means a fying recordkeeping requirements re- merce Committee for this important physician who is registered under subsection lated to the transportation and storage piece of legislation, H.R. 304, the Pro- (f) and provides medical oversight for an of controlled substances in the process. tecting Patient Access to Emergency emergency medical services agency. Further, the bill would ensure that Medications Act. ‘‘(H) The term ‘medical oversight’ means paramedics and other EMS profes- This is a bipartisan bill. It was intro- supervision of the provision of medical care sionals are able to continue to admin- duced by two of our colleagues from by an emergency medical services agency. North Carolina, Representatives HUD- ‘‘(I) The term ‘medical professional’ means ister pain and antiseizure medications an emergency or other physician, or another in emergency situations pursuant to SON and BUTTERFIELD. It previously medical professional (including an advanced standing or verbal orders when certain passed the House by voice vote, no ob- practice registered nurse or physician assist- conditions are met. jection, back in November; but, unfor- ant) whose scope of practice under a State li- This commonsense measure is sup- tunately, it was not taken up by the cense or certification includes the ability to ported by over a dozen EMS and trau- Senate before the last Congress ad- provide verbal orders. ma care organizations. journed, meaning we have to be here ‘‘(J) The term ‘registered location’ means a Mr. Speaker, I urge my colleagues to today to restart this process. location that appears on the certificate of vote ‘‘yes’’ on H.R. 304, and I reserve This, along with three other Energy registration issued to an emergency medical services agency under this subsection or sub- the balance of my time. and Commerce bills that we are consid- section (f), which shall be where the agency Mr. GENE GREEN of Texas. Mr. ering today, shows that the Energy and receives controlled substances from distribu- Speaker, I yield myself such time as I Commerce Committee is picking right tors. may consume. up where we left off, in a bipartisan ‘‘(K) The term ‘registered emergency med- I rise in support of H.R. 304, the Pro- way, to produce quality legislation ical services agency’ means— tecting Patient Access to Emergency that will improve the public health. ‘‘(i) an emergency medical services agency Medications Act of 2017. Now, H.R. 304 is really an important that is registered pursuant to this sub- Ensuring that we have access to the bill because it enables our Nation’s section; or right medicine at the right time is emergency medical services profes- ‘‘(ii) a hospital-based emergency medical services agency that is covered by the reg- critically important in emergency situ- sionals to continue to provide quality istration of the hospital under subsection (f). ations. While controlled substances emergency care by recognizing the ‘‘(L) The term ‘specific State authority’ have abuse and diversion potential, unique nature of their practice. means a governmental agency or other such they also have lifesaving potential. In Specifically, as you may have heard, authority, including a regional oversight and fact, they are very often used by emer- the bill clarifies that paramedics and coordinating body, that, pursuant to State gency medical services—EMS—pro- other EMS professionals can admin- law or regulation, develops clinical protocols viders in situations where every ister certain pain and antiseizure medi- regarding the delivery of emergency medical minute counts. cations in emergency situations pursu- services in the geographic jurisdiction of such agency or authority within the State Currently, these providers must often ant to standing or verbal orders. In that may be adopted by medical directors. administer controlled substances dur- other words, the doctor has said to the ‘‘(M) The term ‘standing order’ means a ing emergencies using a standing order. EMS person, you can do these things in written medical protocol in which a medical However, it is unclear whether or not emergencies. director determines in advance the medical this is permissible under current law. Now, think about this. You are in a criteria that must be met before admin- To help clarify the current law, H.R. car wreck. The EMT shows up in the istering controlled substances to individuals 304 would amend the Controlled Sub- ambulance. They can’t communicate in need of emergency medical services. stances Act to make clear that EMS with anybody because they are down in ‘‘(N) The term ‘verbal order’ means an oral personnel can, in fact, administer con- a valley or somewhere where they directive that is given through any method of communication including by radio or tele- trolled substances in emergency situa- don’t have communication. Without phone, directly to an emergency medical tions under a standing order from an this legislation, it is uncertain now, be- services professional, to contemporaneously EMS medical director. cause of this ruling out of the adminis- administer a controlled substance to individ- This bill helps guarantee that pa- tration, whether or not they can give uals in need of emergency medical services tients will have timely access to drugs you antiseizure medication or pain re- outside the physical presence of the author- they need during an emergency. It will lief medication until they can get in izing medical director.’’. also streamline the DEA’s emergency contact. This is not what any of us The SPEAKER pro tempore. Pursu- medical services registration process wants, so this legislation fixes that. ant to the rule, the gentleman from by allowing a single registration for a During this process, when this deci- Texas (Mr. BURGESS) and the gen- State EMS agency as opposed to a sep- sion was made a while back, I heard tleman from Texas (Mr. GENE GREEN) arate registration for each EMS agency from Dr. Paul Rostykus, an emergency each will control 20 minutes. location. physician in Jackson County, Oregon. The Chair recognizes the gentleman To help safeguard against diversion, He said that this is really critical to from Texas (Mr. BURGESS). the bill will hold registered EMS agen- saving lives and reducing suffering, GENERAL LEAVE cies responsible for receiving, storing, particularly in our remote and rural Mr. BURGESS. Mr. Speaker, I ask and tracking all controlled substances. areas where these emergency techni- unanimous consent that all Members This bill passed the Energy and Com- cians, EMTs, may struggle to call in have 5 legislative days in which to re- merce Committee and the House floor emergencies and it can take much vise and extend their remarks and in- last Congress, and it incorporates im- longer for patients to reach the nearest sert extraneous materials in the portant feedback from a wide range of doctor. RECORD on the bill. stakeholders. I believe our efforts in I just implore you to talk to anybody The SPEAKER pro tempore. Is there this important bill will ensure that that is running around the ambulances, objection to the request of the gen- EMS professionals have the flexibility and they will tell you this is really, tleman from Texas? that they need to respond during emer- really important for patients. There was no objection. gencies, while preserving the DEA’s I had an ambulance driver tell me— Mr. BURGESS. Mr. Speaker, I yield ability to enforce controlled sub- an EMT tell me it is important for myself such time as I may consume. stances laws and regulations. them because sometimes in an acci- Mr. Speaker, I rise today in support I urge my colleagues to join me in dent, somebody is injured and they are of H.R. 304, the Protecting Patient Ac- supporting the passage of H.R. 304. kind of out of control and have a sei- cess to Emergency Medications Act, in- Mr. Speaker, I reserve the balance of zure. Now, I am not a doctor. We actu- troduced by the gentlemen from North my time. ally have one here who can tell us

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.007 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H208 CONGRESSIONAL RECORD — HOUSE January 9, 2017 more. But they then are able to admin- Sec. 103. Tornado warning improvement and data, modeling, computing, forecasting, and ister certain medications that will extension program. warnings for the protection of life and prop- calm the patient, prevent them from Sec. 104. Hurricane forecast improvement erty and for the enhancement of the national program. economy. hurting themselves or hurting the Sec. 105. Weather research and development EMT. SEC. 102. WEATHER RESEARCH AND FORE- planning. CASTING INNOVATION. So I urge my colleagues to support Sec. 106. Observing system planning. (a) PROGRAM.—The Assistant Adminis- H.R. 304 as well as the other bipartisan Sec. 107. Observing system simulation ex- trator for the Office of Oceanic and Atmos- Energy and Commerce bills that are on periments. pheric Research shall conduct a program to the floor today. Sec. 108. Annual report on computing re- develop improved understanding of and fore- Mr. Speaker, I call on my colleagues sources prioritization. cast capabilities for atmospheric events and Sec. 109. United States Weather Research to pass these important bills. their impacts, placing priority on developing program. more accurate, timely, and effective warn- Mr. GENE GREEN of Texas. Mr. Sec. 110. Authorization of appropriations. Speaker, I yield myself such time as I ings and forecasts of high impact weather TITLE II—SUBSEASONAL AND SEASONAL events that endanger life and property. may consume. I thank Congressman FORECASTING INNOVATION (b) PROGRAM ELEMENTS.—The program de- HUDSON and Congressman Sec. 201. Improving subseasonal and sea- scribed in subsection (a) shall focus on the BUTTERFIELD, both great members of sonal forecasts. following activities: our committee on this very bipartisan TITLE III—WEATHER SATELLITE AND (1) Improving the fundamental under- bill. DATA INNOVATION standing of weather consistent with section I yield back the balance of my time. Sec. 301. National Oceanic and Atmospheric 101, including the boundary layer and other Mr. BURGESS. Mr. Speaker, I urge Administration satellite and processes affecting high impact weather my colleagues to vote ‘‘yes’’ on H.R. data management. events. 304, and I yield back the balance of my Sec. 302. Commercial weather data. (2) Improving the understanding of how the Sec. 303. Unnecessary duplication. public receives, interprets, and responds to time. warnings and forecasts of high impact TITLE IV—FEDERAL WEATHER The SPEAKER pro tempore. The weather events that endanger life and prop- COORDINATION question is on the motion offered by erty. the gentleman from Texas (Mr. BUR- Sec. 401. Environmental Information Serv- (3) Research and development, and transfer ices Working Group. GESS) that the House suspend the rules of knowledge, technologies, and applications Sec. 402. Interagency weather research and and pass the bill, H.R. 304. to the National Weather Service and other forecast innovation coordina- appropriate agencies and entities, including The question was taken. tion. The SPEAKER pro tempore. In the the United States weather industry and aca- Sec. 403. Office of Oceanic and Atmospheric demic partners, related to— opinion of the Chair, two-thirds being Research and National Weather (A) advanced radar, radar networking tech- in the affirmative, the ayes have it. Service exchange program. nologies, and other ground-based tech- Mr. BURGESS. Mr. Speaker, on that Sec. 404. Visiting fellows at National Weath- nologies, including those emphasizing rapid, I demand the yeas and nays. er Service. fine-scale sensing of the boundary layer and Sec. 405. Warning coordination meteorolo- lower troposphere, and the use of innovative, The yeas and nays were ordered. gists at weather forecast offices The SPEAKER pro tempore. Pursu- dual-polarization, phased-array technologies; of National Weather Service. (B) aerial weather observing systems; ant to clause 8 of rule XX, further pro- Sec. 406. Improving National Oceanic and (C) high performance computing and infor- ceedings on this motion will be post- Atmospheric Administration mation technology and wireless communica- communication of hazardous poned. tion networks; weather and water events. (D) advanced numerical weather prediction f Sec. 407. National Oceanic and Atmospheric systems and forecasting tools and techniques Administration Weather Ready WEATHER RESEARCH AND FORE- that improve the forecasting of timing, All Hazards Award Program. track, intensity, and severity of high impact CASTING INNOVATION ACT OF Sec. 408. Department of Defense weather weather, including through— 2017 forecasting activities. (i) the development of more effective Mr. LUCAS. Mr. Speaker, I move to Sec. 409. National Weather Service; operations and workforce analysis. mesoscale models; suspend the rules and pass the bill (ii) more effective use of existing, and the (H.R. 353) to improve the National Oce- Sec. 410. Report on contract positions at Na- tional Weather Service. development of new, regional and national anic and Atmospheric Administration’s Sec. 411. Weather impacts to communities cloud-resolving models; weather research through a focused and infrastructure. (iii) enhanced global weather models; and program of investment on affordable Sec. 412. Weather enterprise outreach. (iv) integrated assessment models; (E) quantitative assessment tools for meas- and attainable advances in observa- SEC. 2. DEFINITIONS. uring the impact and value of data and ob- tional, computing, and modeling capa- In this Act: serving systems, including Observing System (1) SEASONAL.—The term ‘‘seasonal’’ means bilities to support substantial improve- Simulation Experiments (as described in sec- the time range between 3 months and 2 ment in weather forecasting and pre- tion 107), Observing System Experiments, years. diction of high impact weather events, and Analyses of Alternatives; (2) STATE.—The term ‘‘State’’ means a (F) atmospheric chemistry and inter- to expand commercial opportunities State, a territory, or possession of the actions essential to accurately character- for the provision of weather data, and United States, including a Commonwealth, izing atmospheric composition and pre- for other purposes. or the District of Columbia. dicting meteorological processes, including The Clerk read the title of the bill. (3) SUBSEASONAL.—The term ‘‘subseasonal’’ cloud microphysical, precipitation, and at- The text of the bill is as follows: means the time range between 2 weeks and 3 mospheric electrification processes, to more months. H.R. 353 effectively understand their role in severe (4) UNDER SECRETARY.—The term ‘‘Under Be it enacted by the Senate and House of Rep- weather; and Secretary’’ means the Under Secretary of resentatives of the United States of America in (G) additional sources of weather data and Commerce for Oceans and Atmosphere. Congress assembled, information, including commercial observing (5) WEATHER INDUSTRY AND WEATHER ENTER- systems. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. PRISE.—The terms ‘‘weather industry’’ and (4) A technology transfer initiative, carried (a) SHORT TITLE.—This Act may be cited as ‘‘weather enterprise’’ are interchangeable in out jointly and in coordination with the Di- the ‘‘Weather Research and Forecasting In- this Act, and include individuals and organi- rector of the National Weather Service, and novation Act of 2017’’. zations from public, private, and academic in cooperation with the United States weath- (b) TABLE OF CONTENTS.—The table of con- sectors that contribute to the research, de- er industry and academic partners, to ensure tents for this Act is as follows: velopment, and production of weather fore- continuous development and transition of Sec. 1. Short title; table of contents. cast products, and primary consumers of the latest scientific and technological ad- Sec. 2. Definitions. these weather forecast products. vances into operations of the National TITLE I—UNITED STATES WEATHER RE- TITLE I—UNITED STATES WEATHER RE- Weather Service and to establish a process to SEARCH AND FORECASTING IMPROVE- SEARCH AND FORECASTING IMPROVE- sunset outdated and expensive operational MENT MENT methods and tools to enable cost-effective Sec. 101. Public safety priority. SEC. 101. PUBLIC SAFETY PRIORITY. transfer of new methods and tools into oper- Sec. 102. Weather research and forecasting In conducting research, the Under Sec- ations. innovation. retary shall prioritize improving weather (c) EXTRAMURAL RESEARCH.—

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.019 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H209

(1) IN GENERAL.—In carrying out the pro- nology transfer activities, as well as cor- (D) prediction of mid-latitude severe local gram under this section, the Assistant Ad- responding resources and timelines, nec- storm outbreaks; and ministrator for Oceanic and Atmospheric Re- essary to achieve the goal set forth in sub- (E) prediction of storms that have the po- search shall collaborate with and support the section (b). tential to cause extreme precipitation and non-Federal weather research community, SEC. 105. WEATHER RESEARCH AND DEVELOP- flooding lasting from 6 hours to 1 week; and which includes institutions of higher edu- MENT PLANNING. (2) shall be conducted in cooperation with cation, private entities, and nongovern- Not later than 1 year after the date of the other appropriate entities within the Na- mental organizations, by making funds enactment of this Act, and not less fre- tional Oceanic and Atmospheric Administra- available through competitive grants, con- quently than once each year thereafter, the tion, other Federal agencies, the United tracts, and cooperative agreements. Under Secretary, acting through the Assist- States weather industry, and academic part- (2) SENSE OF CONGRESS.—It is the sense of ant Administrator for Oceanic and Atmos- ners to ensure the technical and scientific Congress that not less than 30 percent of the pheric Research and in coordination with the merit of results from Observing System Sim- funds for weather research and development Director of the National Weather Service ulation Experiments or other appropriate at the Office of Oceanic and Atmospheric Re- and the Assistant Administrator for Sat- quantitative assessment methodologies. search should be made available for the pur- ellite and Information Services, shall issue a (b) REQUIREMENTS.—Observing System pose described in paragraph (1). research and development and research to Simulation Experiments shall quan- operations plan to restore and maintain (d) ANNUAL REPORT.—Each year, concur- titatively— rent with the annual budget request sub- United States leadership in numerical (1) determine the potential impact of pro- weather prediction and forecasting that— mitted by the President to Congress under posed space-based, suborbital, and in situ ob- (1) describes the forecasting skill and tech- section 1105 of title 31, United States Code, serving systems on analyses and forecasts, nology goals, objectives, and progress of the for the National Oceanic and Atmospheric including potential impacts on extreme National Oceanic and Atmospheric Adminis- Administration, the Under Secretary shall weather events across all parts of the Na- tration in carrying out the program con- submit to Congress a description of current tion; ducted under section 102; and planned activities under this section. (2) evaluate and compare observing system (2) identifies and prioritizes specific re- design options; and SEC. 103. TORNADO WARNING IMPROVEMENT search and development activities, and per- (3) assess the relative capabilities and AND EXTENSION PROGRAM. formance metrics, weighted to meet the costs of various observing systems and com- (a) IN GENERAL.—The Under Secretary, in operational weather mission of the National binations of observing systems in providing collaboration with the United States weath- Weather Service to achieve a weather-ready data necessary to protect life and property. er industry and academic partners, shall es- Nation; (c) IMPLEMENTATION.—Observing System tablish a tornado warning improvement and (3) describes how the program will collabo- Simulation Experiments— extension program. rate with stakeholders, including the United (1) shall be conducted prior to the acquisi- (b) GOAL.—The goal of such program shall States weather industry and academic part- tion of major Government-owned or Govern- be to reduce the loss of life and economic ners; and ment-leased operational observing systems, losses from tornadoes through the develop- (4) identifies, through consultation with including polar-orbiting and geostationary ment and extension of accurate, effective, the National Science Foundation, the United satellite systems, with a lifecycle cost of and timely tornado forecasts, predictions, States weather industry, and academic part- more than $500,000,000; and and warnings, including the prediction of ners, research necessary to enhance the inte- (2) shall be conducted prior to the purchase tornadoes beyond one hour in advance. gration of social science knowledge into of any major new commercially provided (c) PROGRAM PLAN.—Not later than 180 weather forecast and warning processes, in- data with a lifecycle cost of more than days after the date of the enactment of this cluding to improve the communication of $500,000,000. Act, the Assistant Administrator for Oceanic threat information necessary to enable im- (d) PRIORITY OBSERVING SYSTEM SIMULA- and Atmospheric Research, in coordination proved severe weather planning and decision- TION EXPERIMENTS.— with the Director of the National Weather making on the part of individuals and com- (1) GLOBAL NAVIGATION SATELLITE SYSTEM Service, shall develop a program plan that munities. RADIO OCCULTATION.—Not later than 30 days details the specific research, development, after the date of the enactment of this Act, SEC. 106. OBSERVING SYSTEM PLANNING. and technology transfer activities, as well as the Assistant Administrator for Oceanic and The Under Secretary shall— corresponding resources and timelines, nec- Atmospheric Research shall complete an Ob- (1) develop and maintain a prioritized list essary to achieve the program goal. serving System Simulation Experiment to of observation data requirements necessary (d) ANNUAL BUDGET FOR PLAN SUBMITTAL.— assess the value of data from Global Naviga- to ensure weather forecasting capabilities to Following completion of the plan, the Under tion Satellite System Radio Occultation. protect life and property to the maximum Secretary, acting through the Assistant Ad- (2) GEOSTATIONARY HYPERSPECTRAL SOUND- extent practicable; ministrator for Oceanic and Atmospheric Re- ER GLOBAL CONSTELLATION.—Not later than (2) consistent with section 107, utilize Ob- search and in coordination with the Director 120 days after the date of the enactment of serving System Simulation Experiments, Ob- of the National Weather Service, shall, not this Act, the Assistant Administrator for serving System Experiments, Analyses of Al- less frequently than once each year, submit Oceanic and Atmospheric Research shall ternatives, and other appropriate assessment to Congress a proposed budget corresponding complete an Observing System Simulation tools to ensure continuous systemic evalua- with the activities identified in the plan. Experiment to assess the value of data from tions of the observing systems, data, and in- a geostationary hyperspectral sounder global SEC. 104. HURRICANE FORECAST IMPROVEMENT formation needed to meet the requirements PROGRAM. constellation. of paragraph (1), including options to maxi- (e) RESULTS.—Upon completion of all Ob- (a) IN GENERAL.—The Under Secretary, in mize observational capabilities and their collaboration with the United States weath- serving System Simulation Experiments, the cost-effectiveness; Assistant Administrator shall make avail- er industry and such academic entities as (3) identify current and potential future able to the public the results an assessment the Administrator considers appropriate, data gaps in observing capabilities related to of related private and public sector weather shall maintain a project to improve hurri- the requirements listed under paragraph (1); data sourcing options, including their avail- cane forecasting. and ability, affordability, and cost-effectiveness. (b) GOAL.—The goal of the project main- (4) determine a range of options to address Such assessments shall be developed in ac- tained under subsection (a) shall be to de- gaps identified under paragraph (3). cordance with section 50503 of title 51, United velop and extend accurate hurricane fore- SEC. 107. OBSERVING SYSTEM SIMULATION EX- States Code. casts and warnings in order to reduce loss of PERIMENTS. SEC. 108. ANNUAL REPORT ON COMPUTING RE- life, injury, and damage to the economy, (a) IN GENERAL.—In support of the require- SOURCES PRIORITIZATION. with a focus on— ments of section 106, the Assistant Adminis- Not later than 1 year after the date of the (1) improving the prediction of rapid inten- trator for Oceanic and Atmospheric Research enactment of this Act and not less fre- sification and track of hurricanes; shall undertake Observing System Simula- quently than once each year thereafter, the (2) improving the forecast and communication Experiments, or such other quantitative Under Secretary, acting through the Chief tion of storm surges from hurricanes; and assessments as the Assistant Administrator Information Officer of the National Oceanic (3) incorporating risk communication re- considers appropriate, to quantitatively as- and Atmospheric Administration and in co- search to create more effective watch and sess the relative value and benefits of observ- ordination with the Assistant Administrator warning products. ing capabilities and systems. Technical and for Oceanic and Atmospheric Research and (c) PROJECT PLAN.—Not later than 1 year scientific Observing System Simulation Ex- the Director of the National Weather Serv- after the date of the enactment of this Act, periment evaluations— ice, shall produce and make publicly avail- the Under Secretary, acting through the As- (1) may include assessments of the impact able a report that explains how the Under sistant Administrator for Oceanic and At- of observing capabilities on— Secretary intends— mospheric Research and in consultation with (A) global weather prediction; (1) to continually support upgrades to pur- the Director of the National Weather Serv- (B) hurricane track and intensity fore- sue the fastest, most powerful, and cost-ef- ice, shall develop a plan for the project casting; fective high performance computing tech- maintained under subsection (a) that details (C) tornado warning lead times and accu- nologies in support of its weather prediction the specific research, development, and tech- racy; mission;

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.008 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H210 CONGRESSIONAL RECORD — HOUSE January 9, 2017

(2) to ensure a balance between the re- ‘‘(c) SUBSEASONAL DEFINED.—In this sec- ‘‘(1) IN GENERAL.—The Under Secretary search to operations requirements to develop tion, the term ‘subseasonal’ means the time shall foster effective communication, under- the next generation of regional and global range between 2 weeks and 3 months.’’. standing, and use of the forecasts by the in- models as well as highly reliable operational SEC. 110. AUTHORIZATION OF APPROPRIATIONS. tended users of the information described in models; (a) FISCAL YEARS 2017 AND 2018.—For each subsection (d). This may include assistance (3) to take advantage of advanced develop- of fiscal years 2017 and 2018, there are author- to States for forecast communication coordi- ment concepts to, as appropriate, make next ized to be appropriated to Office of Oceanic nators to enable local interpretation and generation weather prediction models avail- and Atmospheric Research— planning based on the information. able in beta-test mode to operational fore- (1) $111,516,000 to carry out this title, of ‘‘(2) REQUIREMENTS.—For each State that casters, the United States weather industry, which— requests assistance under this subsection, and partners in academic and Government (A) $85,758,000 is authorized for weather the Under Secretary may— research; and laboratories and cooperative institutes; and ‘‘(A) provide funds to support an individual (4) to use existing computing resources to (B) $25,758,000 is authorized for weather and in that State— improve advanced research and operational air chemistry research programs; and ‘‘(i) to serve as a liaison among the Na- weather prediction. (2) an additional amount of $20,000,000 for tional Oceanic and Atmospheric Administra- the joint technology transfer initiative de- tion, other Federal departments and agen- SEC. 109. UNITED STATES WEATHER RESEARCH scribed in section 102(b)(4). cies, the weather enterprise, the State, and PROGRAM. (b) LIMITATION.—No additional funds are relevant interests within that State; and Section 108 of the Oceanic and Atmos- authorized to carry out this title and the ‘‘(ii) to receive the forecasts and informa- pheric Administration Authorization Act of amendments made by this title. tion under subsection (c) and disseminate 1992 (Public Law 102–567; 15 U.S.C. 313 note) is TITLE II—SUBSEASONAL AND SEASONAL the forecasts and information throughout amended— FORECASTING INNOVATION the State, including to county and tribal (1) in subsection (a)— SEC. 201. IMPROVING SUBSEASONAL AND SEA- governments; and (A) in paragraph (3), by striking ‘‘; and’’ SONAL FORECASTS. ‘‘(B) require matching funds of at least 50 and inserting a semicolon; Section 1762 of the Food Security Act of percent, from the State, a university, a non- (B) in paragraph (4), by striking the period 1985 (Public Law 99–198; 15 U.S.C. 313 note) is governmental organization, a trade associa- at the end and inserting a semicolon; and amended— tion, or the private sector. (C) by inserting after paragraph (4) the fol- (1) in subsection (a), by striking ‘‘(a)’’ and ‘‘(3) LIMITATION.—Assistance to an indi- lowing: inserting ‘‘(a) FINDINGS.—’’; vidual State under this subsection shall not ‘‘(5) submit to the Committee on Com- (2) in subsection (b), by striking ‘‘(b)’’ and exceed $100,000 in a fiscal year. merce, Science, and Transportation of the inserting ‘‘(b) POLICY.—’’; and ‘‘(g) COOPERATION FROM OTHER FEDERAL Senate and the Committee on Science, (3) by adding at the end the following: AGENCIES.—Each Federal department and Space, and Technology of the House of Rep- ‘‘(c) FUNCTIONS.—The Under Secretary, agency shall cooperate as appropriate with acting through the Director of the National resentatives, not less frequently than once the Under Secretary in carrying out this sec- Weather Service and the heads of such other each year, a report, including— tion. programs of the National Oceanic and At- ‘‘(A) a list of ongoing research projects; ‘‘(h) REPORTS.— mospheric Administration as the Under Sec- ‘‘(B) project goals and a point of contact ‘‘(1) IN GENERAL.—Not later than 18 months retary considers appropriate, shall— for each project; after the date of the enactment of the ‘‘(1) collect and utilize information in ‘‘(C) the 5 projects related to weather ob- Weather Research and Forecasting Innova- order to make usable, reliable, and timely servations, short-term weather, or subsea- tion Act of 2017, the Under Secretary shall foundational forecasts of subseasonal and sonal forecasts within Office of Oceanic and submit to the Committee on Commerce, seasonal temperature and precipitation; Atmospheric Research that are closest to Science, and Transportation of the Senate ‘‘(2) leverage existing research and models operationalization; and the Committee on Science, Space, and from the weather enterprise to improve the ‘‘(D) for each project referred to in sub- Technology of the House of Representatives forecasts under paragraph (1); paragraph (C)— a report, including— ‘‘(3) determine and provide information on ‘‘(i) the potential benefit; ‘‘(A) an analysis of the how information how the forecasted conditions under para- ‘‘(ii) any barrier to operationalization; and from the National Oceanic and Atmospheric graph (1) may impact— ‘‘(iii) the plan for operationalization, in- Administration on subseasonal and seasonal ‘‘(A) the number and severity of droughts, cluding which line office will financially sup- forecasts, as provided under subsection (c), is fires, tornadoes, hurricanes, floods, heat port the project and how much the line office utilized in public planning and preparedness; waves, coastal inundation, winter storms, intends to spend; ‘‘(B) specific plans and goals for the contin- high impact weather, or other relevant nat- ‘‘(6) establish teams with staff from the Of- ued development of the subseasonal and sea- ural disasters; fice of Oceanic and Atmospheric Research sonal forecasts and related products de- ‘‘(B) snowpack; and and the National Weather Service to oversee scribed in subsection (c); and ‘‘(C) sea ice conditions; and the operationalization of research products ‘‘(C) an identification of research, moni- ‘‘(4) develop an Internet clearinghouse to developed by the Office of Oceanic and At- toring, observing, and forecasting require- provide the forecasts under paragraph (1) and mospheric Research; ments to meet the goals described in sub- the information under paragraphs (1) and (3) ‘‘(7) develop mechanisms for research pri- paragraph (B). on both national and regional levels. ‘‘(2) CONSULTATION.—In developing the re- orities of the Office of Oceanic and Atmos- ‘‘(d) COMMUNICATION.—The Director of the pheric Research to be informed by the rel- National Weather Service shall provide the port under paragraph (1), the Under Sec- evant line offices within the National Oce- forecasts under paragraph (1) of subsection retary shall consult with relevant Federal, anic and Atmospheric Administration, the (c) and the information on their impacts regional, State, tribal, and local government relevant user community, and the weather under paragraph (3) of such subsection to the agencies, research institutions, and the pri- enterprise; public, including public and private entities vate sector. ‘‘(8) develop an internal mechanism to engaged in planning and preparedness, such ‘‘(i) DEFINITIONS.—In this section: track the progress of each research project as National Weather Service Core partners ‘‘(1) FOUNDATIONAL FORECAST.—The term within the Office of Oceanic and Atmos- at the Federal, regional, State, tribal, and ‘foundational forecast’ means basic weather pheric Research and mechanisms to termi- local levels of government. observation and forecast data, largely in raw nate a project that is not adequately pro- ‘‘(e) COOPERATION.—The Under Secretary form, before further processing is applied. gressing; shall build upon existing forecasting and as- ‘‘(2) NATIONAL WEATHER SERVICE CORE PART- ‘‘(9) develop and implement a system to sessment programs and partnerships, includ- NERS.—The term ‘National Weather Service track whether extramural research grant ing— core partners’ means government and non- goals were accomplished; ‘‘(1) by designating research and moni- government entities which are directly in- ‘‘(10) provide facilities for products devel- toring activities related to subseasonal and volved in the preparation or dissemination oped by the Office of Oceanic and Atmos- seasonal forecasts as a priority in one or of, or discussions involving, hazardous pheric Research to be tested in operational more solicitations of the Cooperative Insti- weather or other emergency information put simulations, such as test beds; and tutes of the Office of Oceanic and Atmos- out by the National Weather Service. ‘‘(11) encourage academic collaboration pheric Research; ‘‘(3) SEASONAL.—The term ‘seasonal’ means with the Office of Oceanic and Atmospheric ‘‘(2) by contributing to the interagency the time range between 3 months and 2 Research and the National Weather Service Earth System Prediction Capability; and years. by facilitating visiting scholars.’’; ‘‘(3) by consulting with the Secretary of ‘‘(4) STATE.—The term ‘State’ means a (2) in subsection (b), in the matter pre- Defense and the Secretary of Homeland Se- State, a territory, or possession of the ceding paragraph (1), by striking ‘‘Not later curity to determine the highest priority sub- United States, including a Commonwealth, than 90 days after the date of enactment of seasonal and seasonal forecast needs to en- or the District of Columbia. this Act, the’’ and inserting ‘‘The’’; and hance national security. ‘‘(5) SUBSEASONAL.—The term ‘subseasonal’ (3) by adding at the end the following new ‘‘(f) FORECAST COMMUNICATION COORDINA- means the time range between 2 weeks and 3 subsection: TORS.— months.

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.008 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H211

‘‘(6) UNDER SECRETARY.—The term ‘Under determined to the extent practicable by the $1,000,000 for the period encompassing fiscal Secretary’ means the Under Secretary of recommendations of the reports under sub- years 2018 through 2019. Commerce for Oceans and Atmosphere. section (b) of this section. SEC. 302. COMMERCIAL WEATHER DATA. ‘‘(7) WEATHER INDUSTRY AND WEATHER EN- (b) INDEPENDENT STUDY ON FUTURE OF NA- (a) DATA AND HOSTED SATELLITE PAY- TERPRISE.—The terms ‘weather industry’ and TIONAL OCEANIC AND ATMOSPHERIC ADMINIS- LOADS.—Notwithstanding any other provi- ‘weather enterprise’ are interchangeable in TRATION SATELLITE SYSTEMS AND DATA.— sion of law, the Secretary of Commerce may this section and include individuals and or- (1) AGREEMENT.— enter into agreements for— ganizations from public, private, and aca- (A) IN GENERAL.—The Under Secretary (1) the purchase of weather data through demic sectors that contribute to the re- shall seek to enter into an agreement with contracts with commercial providers; and search, development, and production of the National Academy of Sciences to per- (2) the placement of weather satellite in- weather forecast products, and primary con- form the services covered by this subsection. struments on cohosted government or pri- sumers of these weather forecast products. (B) TIMING.—The Under Secretary shall vate payloads. ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— seek to enter into the agreement described (b) STRATEGY.— For each of fiscal years 2017 and 2018, there in subparagraph (A) before September 30, (1) IN GENERAL.—Not later than 180 days are authorized out of funds appropriated to 2018. after the date of the enactment of this Act, the National Weather Service, $26,500,000 to (2) STUDY.— the Secretary of Commerce, in consultation carry out the activities of this section.’’. (A) IN GENERAL.—Under an agreement be- with the Under Secretary, shall submit to TITLE III—WEATHER SATELLITE AND tween the Under Secretary and the National the Committee on Commerce, Science, and DATA INNOVATION Academy of Sciences under this subsection, Transportation of the Senate and the Com- SEC. 301. NATIONAL OCEANIC AND ATMOS- the National Academy of Sciences shall con- mittee on Science, Space, and Technology of PHERIC ADMINISTRATION SAT- duct a study on matters concerning future the House of Representatives a strategy to ELLITE AND DATA MANAGEMENT. satellite data needs. enable the procurement of quality commer- (a) SHORT-TERM MANAGEMENT OF ENVIRON- (B) ELEMENTS.—In conducting the study cial weather data. The strategy shall assess MENTAL OBSERVATIONS.— under subparagraph (A), the National Acad- the range of commercial opportunities, in- (1) MICROSATELLITE CONSTELLATIONS.— emy of Sciences shall— cluding public-private partnerships, for ob- (A) IN GENERAL.—The Under Secretary (i) develop recommendations on how to taining surface-based, aviation-based, and shall complete and operationalize the Con- make the data portfolio of the Administra- space-based weather observations. The strat- stellation Observing System for Meteor- tion more robust and cost-effective; egy shall include the expected cost-effective- ology, Ionosphere, and Climate–1 and Cli- (ii) assess the costs and benefits of moving ness of these opportunities as well as provide mate–2 (COSMIC) in effect on the day before toward a constellation of many small sat- a plan for procuring data, including an ex- the date of the enactment of this Act— ellites, standardizing satellite bus design, re- pected implementation timeline, from these (i) by deploying constellations of microsat- lying more on the purchasing of data, or ac- nongovernmental sources, as appropriate. ellites in both the equatorial and polar or- quiring data from other sources or methods; (2) REQUIREMENTS.—The strategy shall in- bits; (iii) identify the environmental observa- clude— (ii) by integrating the resulting data and tions that are essential to the performance (A) an analysis of financial or other bene- research into all national operational and re- of weather models, based on an assessment of fits to, and risks associated with, acquiring search weather forecast models; and Federal, academic, and private sector weath- commercial weather data or services, includ- (iii) by ensuring that the resulting data of er research, and the cost of obtaining the ening through multiyear acquisition ap- National Oceanic and Atmospheric Adminis- vironmental data; proaches; tration’s COSMIC–1 and COSMIC–2 programs (iv) identify environmental observations (B) an identification of methods to address are free and open to all communities. that improve the quality of operational and planning, programming, budgeting, and exe- (B) ANNUAL REPORTS.—Not less frequently research weather models in effect on the day cution challenges to such approaches, includ- than once each year until the Under Sec- before the date of enactment of this Act; ing— retary has completed and operationalized the (v) identify and prioritize new environ- (i) how standards will be set to ensure that program described in subparagraph (A) pur- mental observations that could contribute to data is reliable and effective; suant to such subparagraph, the Under Sec- existing and future weather models; and (ii) how data may be acquired through retary shall submit to Congress a report on (vi) develop recommendations on a port- commercial experimental or innovative tech- the status of the efforts of the Under Sec- folio of environmental observations that bal- niques and then evaluated for integration retary to carry out such subparagraph. ances essential, quality-improving, and new into operational use; (2) INTEGRATION OF OCEAN AND COASTAL data, private and nonprivate sources, and (iii) how to guarantee public access to all DATA FROM THE INTEGRATED OCEAN OBSERVING space-based and Earth-based sources. forecast-critical data to ensure that the SYSTEM.—In National Weather Service Re- (C) DEADLINE AND REPORT.—In carrying out United States weather industry and the pub- gions where the Director of the National the study under subparagraph (A), the Na- lic continue to have access to information Weather Service determines that ocean and tional Academy of Sciences shall complete critical to their work; and coastal data would improve forecasts, the Di- and transmit to the Under Secretary a re- (iv) in accordance with section 50503 of rector, in consultation with the Assistant port containing the findings of the National title 51, United States Code, methods to ad- Administrator for Oceanic and Atmospheric Academy of Sciences with respect to the dress potential termination liability or can- Research and the Assistant Administrator of study not later than 2 years after the date on cellation costs associated with weather data the National Ocean Service, shall— which the Administrator enters into an or service contracts; and (A) integrate additional coastal and ocean agreement with the National Academy of (C) an identification of any changes needed observations, and other data and research, Sciences under paragraph (1)(A). in the requirements development and ap- from the Integrated Ocean Observing System (3) ALTERNATE ORGANIZATION.— proval processes of the Department of Com- (IOOS) into regional weather forecasts to im- (A) IN GENERAL.—If the Under Secretary is merce to facilitate effective and efficient improve weather forecasts and forecasting deci- unable within the period prescribed in sub- plementation of such strategy. sion support systems; and paragraph (B) of paragraph (1) to enter into (3) AUTHORITY FOR AGREEMENTS.—The As- (B) support the development of real-time an agreement described in subparagraph (A) sistant Administrator for National Environ- data sharing products and forecast products of such paragraph with the National Acad- mental Satellite, Data, and Information in collaboration with the regional associa- emy of Sciences on terms acceptable to the Service may enter into multiyear agree- tions of such system, including contributions Under Secretary, the Under Secretary shall ments necessary to carry out the strategy from the private sector, academia, and re- seek to enter into such an agreement with developed under this subsection. search institutions to ensure timely and ac- another appropriate organization that— (c) PILOT PROGRAM.— curate use of ocean and coastal data in re- (i) is not part of the Federal Government; (1) CRITERIA.—Not later than 30 days after gional forecasts. (ii) operates as a not-for-profit entity; and the date of the enactment of this Act, the (3) EXISTING MONITORING AND OBSERVATION- (iii) has expertise and objectivity com- Under Secretary shall publish data and CAPABILITY.—The Under Secretary shall parable to that of the National Academy of metadata standards and specifications for identify degradation of existing monitoring Sciences. space-based commercial weather data, in- and observation capabilities that could lead (B) TREATMENT.—If the Under Secretary cluding radio occultation data, and, as soon to a reduction in forecast quality. enters into an agreement with another orga- as possible, geostationary hyperspectral (4) SPECIFICATIONS FOR NEW SATELLITE SYS- nization as described in subparagraph (A), sounder data. TEMS OR DATA DETERMINED BY OPERATIONAL any reference in this subsection to the Na- (2) PILOT CONTRACTS.— NEEDS.—In developing specifications for any tional Academy of Sciences shall be treated (A) CONTRACTS.—Not later than 90 days satellite systems or data to follow the Joint as a reference to the other organization. after the date of enactment of this Act, the Polar Satellite System, Geostationary Oper- (4) AUTHORIZATION OF APPROPRIATIONS.— Under Secretary shall, through an open com- ational Environmental Satellites, and any There are authorized to be appropriated, out petition, enter into at least one pilot con- other satellites, in effect on the day before of funds appropriated to National Environ- tract with one or more private sector enti- the date of enactment of this Act, the Under mental Satellite, Data, and Information ties capable of providing data that meet the Secretary shall ensure the specifications are Service, to carry out this subsection standards and specifications set by the

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.008 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H212 CONGRESSIONAL RECORD — HOUSE January 9, 2017

Under Secretary for providing commercial Advisory Board shall continue to maintain a (b) CO-CHAIR.—The Federal Coordinator for weather data in a manner that allows the standing working group named the Environ- Meteorology shall serve as a co-chair of this Under Secretary to calibrate and evaluate mental Information Services Working Group panel. the data for its use in National Oceanic and (in this section referred to as the ‘‘Working (c) FURTHER COORDINATION.—The Director Atmospheric Administration meteorological Group’’)— of the Office of Science and Technology Pol- models. (1) to provide advice for prioritizing weath- icy shall take such other steps as are nec- (B) ASSESSMENT OF DATA VIABILITY.—Not er research initiatives at the National Oce- essary to coordinate the activities of the later than the date that is 3 years after the anic and Atmospheric Administration to Federal Government with those of the date on which the Under Secretary enters produce real improvement in weather fore- United States weather industry, State gov- into a contract under subparagraph (A), the casting; ernments, emergency managers, and aca- Under Secretary shall assess and submit to (2) to provide advice on existing or emerg- demic researchers. the Committee on Commerce, Science, and ing technologies or techniques that can be SEC. 403. OFFICE OF OCEANIC AND ATMOS- Transportation of the Senate and the Com- found in private industry or the research PHERIC RESEARCH AND NATIONAL mittee on Science, Space, and Technology of community that could be incorporated into WEATHER SERVICE EXCHANGE PRO- GRAM. the House of Representatives the results of a forecasting at the National Weather Service (a) IN GENERAL.—The Assistant Adminis- determination of the extent to which data to improve forecasting skill; trator for Oceanic and Atmospheric Research (3) to identify opportunities to improve— provided under the contract entered into and the Director of National Weather Serv- (A) communications between weather fore- under subparagraph (A) meet the criteria ice may establish a program to detail Office casters, Federal, State, local, tribal, and published under paragraph (1) and the extent of Oceanic and Atmospheric Research per- other emergency management personnel, and to which the pilot program has dem- sonnel to the National Weather Service and the public; and onstrated— National Weather Service personnel to the (B) communications and partnerships (i) the viability of assimilating the com- Office of Oceanic and Atmospheric Research. mercially provided data into National Oce- among the National Oceanic and Atmos- (b) GOAL.—The goal of this program is to anic and Atmospheric Administration mete- pheric Administration and the private and enhance forecasting innovation through reg- orological models; academic sectors; and ular, direct interaction between the Office of (ii) whether, and by how much, the data (4) to address such other matters as the Oceanic and Atmospheric Research’s world- add value to weather forecasts; and Science Advisory Board requests of the class scientists and the National Weather (iii) the accuracy, quality, timeliness, va- Working Group. Service’s operational staff. lidity, reliability, usability, information (b) COMPOSITION.— (c) ELEMENTS.—The program shall allow up technology security, and cost-effectiveness (1) IN GENERAL.—The Working Group shall to 10 Office of Oceanic and Atmospheric Re- of obtaining commercial weather data from be composed of leading experts and search staff and National Weather Service private sector providers. innovators from all relevant fields of science staff to spend up to 1 year on detail. Can- (3) AUTHORIZATION OF APPROPRIATIONS.— and engineering including atmospheric didates shall be jointly selected by the As- For each of fiscal years 2017 through 2020, chemistry, atmospheric physics, meteor- sistant Administrator for Oceanic and At- there are authorized to be appropriated for ology, hydrology, social science, risk com- mospheric Research and the Director of the procurement, acquisition, and construction munications, electrical engineering, and National Weather Service. at National Environmental Satellite, Data, computer sciences. In carrying out this sec- (d) ANNUAL REPORT.—Not less frequently and Information Service, $6,000,000 to carry tion, the Working Group may organize into than once each year, the Under Secretary out this subsection. subpanels. shall submit to the Committee on Com- (d) OBTAINING FUTURE DATA.—If an assess- (2) NUMBER.—The Working Group shall be merce, Science, and Transportation of the ment under subsection (c)(2)(B) dem- composed of no fewer than 15 members. Senate and the Committee on Science, onstrates the ability of commercial weather Nominees for the Working Group may be for- Space, and Technology of the House of Rep- data to meet data and metadata standards warded by the Working Group for approval resentatives a report on participation in and specifications published under sub- by the Science Advisory Board. Members of such program and shall highlight any inno- section (c)(1), the Under Secretary shall— the Working Group may choose a chair (or vations that come from this interaction. (1) where appropriate, cost-effective, and co-chairs) from among their number with ap- SEC. 404. VISITING FELLOWS AT NATIONAL feasible, obtain commercial weather data proval by the Science Advisory Board. WEATHER SERVICE. from private sector providers; (c) ANNUAL REPORT.—Not less frequently (a) IN GENERAL.—The Director of the Na- (2) as early as possible in the acquisition than once each year, the Working Group tional Weather Service may establish a pro- process for any future National Oceanic and shall transmit to the Science Advisory Board gram to host postdoctoral fellows and aca- Atmospheric Administration meteorological for submission to the Under Secretary a re- demic researchers at any of the National space system, consider whether there is a port on progress made by National Oceanic Centers for Environmental Prediction. suitable, cost-effective, commercial capa- and Atmospheric Administration in adopting (b) GOAL.—This program shall be designed bility available or that will be available to the Working Group’s recommendations. The to provide direct interaction between fore- meet any or all of the observational require- Science Advisory Board shall transmit this casters and talented academic and private ments by the planned operational date of the report to the Under Secretary. Within 30 sector researchers in an effort to bring inno- system; days of receipt of such report, the Under Sec- vation to forecasting tools and techniques to (3) if a suitable, cost-effective, commercial retary shall submit to the Committee on the National Weather Service. capability is or will be available as described Commerce, Science, and Transportation of (c) SELECTION AND APPOINTMENT.—Such fel- in paragraph (2), determine whether it is in the Senate and the Committee on Science, lows shall be competitively selected and ap- the national interest to develop a govern- Space, and Technology of the House of Rep- pointed for a term not to exceed 1 year. mental meteorological space system; and resentatives a copy of such report. SEC. 405. WARNING COORDINATION METEOROLO- (4) submit to the Committee on Commerce, SEC. 402. INTERAGENCY WEATHER RESEARCH GISTS AT WEATHER FORECAST OF- Science, and Transportation of the Senate AND FORECAST INNOVATION CO- FICES OF NATIONAL WEATHER ORDINATION. SERVICE. and the Committee on Science, Space, and (a) ESTABLISHMENT.—The Director of the (a) DESIGNATION OF WARNING COORDINATION Technology of the House of Representatives Office of Science and Technology Policy METEOROLOGISTS.— a report detailing any determination made shall establish an Interagency Committee (1) IN GENERAL.—The Director of the Na- under paragraphs (2) and (3). for Advancing Weather Services to improve tional Weather Service shall designate at (e) DATA SHARING PRACTICES.—The Under coordination of relevant weather research least 1 warning coordination meteorologist Secretary shall continue to meet the inter- and forecast innovation activities across the at each weather forecast office of the Na- national meteorological agreements into Federal Government. The Interagency Com- tional Weather Service. which the Under Secretary has entered, in- mittee shall— (2) NO ADDITIONAL EMPLOYEES AUTHOR- cluding practices set forth through World (1) include participation by the National IZED.—Nothing in this section shall be con- Meteorological Organization Resolution 40. Aeronautics and Space Administration, the strued to authorize or require a change in SEC. 303. UNNECESSARY DUPLICATION. Federal Aviation Administration, National the authorized number of full time equiva- In meeting the requirements under this Oceanic and Atmospheric Administration lent employees in the National Weather title, the Under Secretary shall avoid unnec- and its constituent elements, the National Service or otherwise result in the employ- essary duplication between public and pri- Science Foundation, and such other agencies ment of any additional employees. vate sources of data and the corresponding involved in weather forecasting research as (3) PERFORMANCE BY OTHER EMPLOYEES.— expenditure of funds and employment of per- the President determines are appropriate; Performance of the responsibilities outlined sonnel. (2) identify and prioritize top forecast in this section is not limited to the warning TITLE IV—FEDERAL WEATHER needs and coordinate those needs against coordination meteorologist position. COORDINATION budget requests and program initiatives (b) PRIMARY ROLE OF WARNING COORDINA- SEC. 401. ENVIRONMENTAL INFORMATION SERV- across participating offices and agencies; and TION METEOROLOGISTS.—The primary role of ICES WORKING GROUP. (3) share information regarding oper- the warning coordination meteorologist (a) ESTABLISHMENT.—The National Oceanic ational needs and forecasting improvements shall be to carry out the responsibilities re- and Atmospheric Administration Science across relevant agencies. quired by this section.

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.008 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H213

(c) RESPONSIBILITIES.— SEC. 406. IMPROVING NATIONAL OCEANIC AND tional Research Council to review the sci- (1) IN GENERAL.—Subject to paragraph (2), ATMOSPHERIC ADMINISTRATION entific and technical soundness of the assess- consistent with the analysis described in sec- COMMUNICATION OF HAZARDOUS ment required by paragraph (1)(A), including WEATHER AND WATER EVENTS. tion 409, and in order to increase impact- the recommendations developed under para- (a) PURPOSE OF SYSTEM.—For purposes of based decision support services, each warn- graph (2)(B). the assessment required by subsection (5) METHODOLOGIES.—In conducting the as- ing coordination meteorologist designated (b)(1)(A), the purpose of National Oceanic sessment required by paragraph (1)(A), the under subsection (a) shall— and Atmospheric Administration system for (A) be responsible for providing service to issuing watches and warnings regarding haz- Under Secretary shall use such methodolo- the geographic area of responsibility covered ardous weather and water events shall be gies as the Under Secretary considers are by the weather forecast office at which the risk communication to the general public generally accepted by the weather enter- warning coordination meteorologist is em- that informs action to prevent loss of life prise, including social and behavioral ployed to help ensure that users of products and property. sciences. of the National Weather Service can respond (b) ASSESSMENT OF SYSTEM.— (c) IMPROVEMENTS TO SYSTEM.— effectively to improve outcomes from weath- (1) IN GENERAL.—Not later than 2 years (1) IN GENERAL.—The Under Secretary er events; after the date of the enactment of this Act, shall, based on the assessment required by (B) liaise with users of products and serv- the Under Secretary shall— subsection (b)(1)(A), make such recommenda- ices of the National Weather Service, such as (A) assess the National Oceanic and At- tions to Congress to improve the system as the public, media outlets, users in the avia- mospheric Administration system for issuing the Under Secretary considers necessary— tion, marine, and agricultural communities, watches and warnings regarding hazardous (A) to improve the system for issuing and forestry, land, and water management weather and water events; and watches and warnings regarding hazardous interests, to evaluate the adequacy and use- (B) submit to Congress a report on the weather and water events; and fulness of the products and services of the findings of the Under Secretary with respect (B) to support efforts to satisfy research National Weather Service; to the assessment conducted under subpara- needs to enable future improvements to such (C) collaborate with such weather forecast graph (A). system. offices and State, local, and tribal govern- (2) ELEMENTS.—The assessment required by (2) REQUIREMENTS REGARDING RECOMMENDA- ment agencies as the Director considers ap- paragraph (1)(A) shall include the following: TIONS.—In carrying out paragraph (1)(A), the propriate in developing, proposing, and im- (A) An evaluation of whether the National Under Secretary shall ensure that any rec- plementing plans to develop, modify, or tai- Oceanic and Atmospheric Administration ommendation that the Under Secretary con- lor products and services of the National system for issuing watches and warnings re- siders a major change— Weather Service to improve the usefulness of garding hazardous weather and water events (A) is validated by social and behavioral such products and services; meets the purpose described in subsection science using a generalizable sample; (D) ensure the maintenance and accuracy (a). (B) accounts for the needs of various demo- of severe weather call lists, appropriate of- (B) Development of recommendations for— graphics, vulnerable populations, and geo- fice severe weather policy or procedures, and (i) legislative and administrative action to graphic regions; other severe weather or dissemination meth- improve the system described in paragraph (C) accounts for the differences between odologies or strategies; and (1)(A); and types of weather and water hazards; (E) work closely with State, local, and (ii) such research as the Under Secretary (D) responds to the needs of Federal, State, tribal emergency management agencies, and considers necessary to address the focus and local government partners and media other agencies related to disaster manage- areas described in paragraph (3). partners; and ment, to ensure a planned, coordinated, and (3) FOCUS AREAS.—The assessment required (E) accounts for necessary changes to Fed- effective preparedness and response effort. by paragraph (1)(A) shall focus on the fol- erally operated watch and warning propaga- (2) OTHER STAFF.—The Director may assign lowing: tion and dissemination infrastructure and a responsibility set forth in paragraph (1) to (A) Ways to communicate the risks posed protocols. such other staff as the Director considers ap- by hazardous weather or water events to the (d) WATCHES AND WARNINGS DEFINED.— propriate to carry out such responsibility. public that are most likely to result in ac- (1) IN GENERAL.—Except as provided in tion to mitigate the risk. (d) ADDITIONAL RESPONSIBILITIES.— paragraph (2), in this section, the terms (B) Ways to communicate the risks posed (1) IN GENERAL.—Subject to paragraph (2), a ‘‘watch’’ and ‘‘warning’’, with respect to a by hazardous weather or water events to the warning coordination meteorologist des- hazardous weather and water event, mean public as broadly and rapidly as practicable. ignated under subsection (a) may— products issued by the Administration, in- (C) Ways to preserve the benefits of the ex- (A) work with a State agency to develop tended for consumption by the general pub- isting watches and warnings system. plans for promoting more effective use of lic, to alert the general public to the poten- (D) Ways to maintain the utility of the products and services of the National Weath- tial for or presence of the event and to in- watches and warnings system for Govern- er Service throughout the State; form action to prevent loss of life and prop- ment and commercial users of the system. (B) identify priority community prepared- erty. (4) CONSULTATION.—In conducting the as- ness objectives; (2) EXCEPTION.—ln this section, the terms sessment required by paragraph (1)(A), the (C) develop plans to meet the objectives ‘‘watch’’ and ‘‘warning’’ do not include tech- Under Secretary shall— identified under paragraph (2); and nical or specialized meteorological and (A) consult with such line offices within (D) conduct severe weather event prepared- hydrological forecasts, outlooks, or model the National Oceanic and Atmospheric Ad- ness planning and citizen education efforts guidance products. ministration as the Under Secretary con- with and through various State, local, and siders relevant, including the the National tribal government agencies and other dis- SEC. 407. NATIONAL OCEANIC AND ATMOS- Ocean Service, the National Weather Serv- PHERIC ADMINISTRATION WEATHER aster management-related organizations. ice, and the Office of Oceanic and Atmos- READY ALL HAZARDS AWARD PRO- (2) OTHER STAFF.—The Director may assign pheric Research; GRAM. a responsibility set forth in paragraph (1) to (B) consult with individuals in the aca- such other staff as the Director considers ap- (a) PROGRAM.—The Director of the Na- demic sector, including individuals in the propriate to carry out such responsibility. tional Weather Service is authorized to es- field of social and behavioral sciences, and tablish the National Oceanic and Atmos- (e) PLACEMENT WITH STATE AND LOCAL other weather services; pheric Administration Weather Ready All EMERGENCY MANAGERS.— (C) consult with media outlets that will be Hazards Award Program. This award pro- (1) IN GENERAL.—In carrying out this sec- distributing the watches and warnings; gram shall provide annual awards to honor tion, the Director of the National Weather (D) consult with non-Federal forecasters individuals or organizations that use or pro- Service may place a warning coordination that produce alternate severe weather risk vide National Oceanic and Atmospheric Ad- meteorologist designated under subsection communication products; ministration Weather Radio All Hazards re- (a) with a State or local emergency manager (E) consult with emergency planners and ceivers or transmitters to save lives and pro- if the Director considers doing so is nec- responders, including State and local emer- tect property. Individuals or organizations essary or convenient to carry out this sec- gency management agencies, and other gov- that utilize other early warning tools or ap- tion. ernment users of the watches and warnings plications also qualify for this award. (2) TREATMENT.—If the Director determines system, including the Federal Emergency that the placement of a warning coordina- Management Agency, the Office of Personnel (b) GOAL.—This award program draws at- tion meteorologist placed with a State or Management, the Coast Guard, and such tention to the life-saving work of the Na- local emergency manager under paragraph other Federal agencies as the Under Sec- tional Oceanic and Atmospheric Administra- (1) is near a weather forecast office of the retary determines rely on watches and warn- tion Weather Ready All Hazards Program, as National Weather Service, such placement ings for operational decisions; and well as emerging tools and applications, that shall be treated as designation of the warn- (F) make use of the services of the Na- provide real-time warning to individuals and ing coordination meteorologist at such tional Academy of Sciences, as the Under communities of severe weather or other haz- weather forecast office for purposes of sub- Secretary considers necessary and prac- ardous conditions. section (a). ticable, including contracting with the Na- (c) PROGRAM ELEMENTS.—

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.008 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H214 CONGRESSIONAL RECORD — HOUSE January 9, 2017

(1) NOMINATIONS.—Nominations for this (4) The 5 most common positions filled by of the Elementary and Secondary Education award shall be made annually by the Weath- full-time equivalent contractors at the Na- Act of 1965 (20 U.S.C. 7517)). er Field Offices to the Director of the Na- tional Weather Service and the equivalent (4) The private aerospace industry. tional Weather Service. Broadcast mete- level of the General Schedule that most (5) The private earth observing industry. orologists, weather radio manufacturers and closely approximates the duties of such posi- (6) The operational forecasting commu- weather warning tool and application devel- tions. nity. opers, emergency managers, and public safe- (5) Of the positions identified under para- (7) The academic community. ty officials may nominate individuals or or- graph (4), the percentage of full-time equiva- (8) Professional societies that focus on me- ganizations to their local Weather Field Of- lent contractors in those positions that have teorology. fices, but the final list of award nominees held a prior position at the National Weather (9) Such other stakeholder groups as the must come from the Weather Field Offices. Service or another entity in National Oce- Under Secretary considers appropriate. (2) SELECTION OF AWARDEES.—Annually, the anic and Atmospheric Administration. The SPEAKER pro tempore. Pursu- Director of the National Weather Service (6) The average full-time equivalent salary ant to the rule, the gentleman from shall choose winners of this award whose for Federal employees at the National Oklahoma (Mr. LUCAS) and the gentle- timely actions, based on National Oceanic Weather Service for each equivalent level of and Atmospheric Administration Weather the General Schedule. woman from Oregon (Ms. BONAMICI) Radio All Hazards receivers or transmitters (7) The average salary for full-time equiva- each will control 20 minutes. or other early warning tools and applica- lent contractors performing at each equiva- The Chair recognizes the gentleman tions, saved lives or property, or dem- lent level of the General Schedule at the Na- from Oklahoma. onstrated public service in support of weath- tional Weather Service. GENERAL LEAVE er or all hazard warnings. (8) A description of any actions taken by Mr. LUCAS. Mr. Speaker, I ask unan- (3) AWARD CEREMONY.—The Director of the the Under Secretary to respond to the issues imous consent that all Members have 5 National Weather Service shall establish a raised by the Inspector General of the De- legislative days to revise and extend means of making these awards to provide partment of Commerce regarding the hiring their remarks and to include extra- maximum public awareness of the impor- of former National Oceanic and Atmospheric tance of National Oceanic and Atmospheric Administration employees as contractors at neous material on H.R. 353, the bill Administration Weather Radio, and such the National Weather Service such as the now under consideration. other warning tools and applications as are issues raised in the Investigative Report The SPEAKER pro tempore. Is there represented in the awards. dated June 2, 2015 (OIG–12–0447). objection to the request of the gen- SEC. 408. DEPARTMENT OF DEFENSE WEATHER (c) ANNUAL PUBLICATION.—For each fiscal tleman from Oklahoma? FORECASTING ACTIVITIES. year after the fiscal year covered by the re- There was no objection. Not later than 60 days after the date of the port required by subsection (a), the Under Mr. LUCAS. Mr. Speaker, I yield my- enactment of this Act, the Under Secretary Secretary shall, not later than 180 days after self such time as I may consume. shall submit to the Committee on Com- the completion of the fiscal year, publish on I first thank the gentleman from merce, Science, and Transportation of the a publicly accessible Internet website the in- Texas, Chairman SMITH, for his contin- Senate and the Committee on Science, formation described in paragraphs (1) Space, and Technology of the House of Rep- ued leadership on the Science Com- through (8) of subsection (b) for such fiscal mittee. resentatives a report analyzing the impacts year. H.R. 353, the Weather Research and of the proposed Air Force divestiture in the SEC. 411. WEATHER IMPACTS TO COMMUNITIES United States Weather Research and Fore- AND INFRASTRUCTURE. Forecasting Innovation Act of 2017, casting Model, including— (a) REVIEW.— prioritizes improving weather fore- (1) the impact on— (1) IN GENERAL.—The Director of the Na- casting for the protection of lives and (A) the United States weather forecasting tional Weather Service shall review existing property at the National Oceanic and capabilities; research, products, and services that meet Atmospheric Administration. This bill (B) the accuracy of civilian regional fore- the specific needs of the urban environment, does so by focusing research and com- casts; given its unique physical characteristics and puting resources on improved weather (C) the civilian readiness for traditional forecasting challenges. weather and extreme weather events in the forecasting, quantitative observing (2) ELEMENTS.—The review required by data planning, next generation mod- United States; and paragraph (1) shall include research, prod- (D) the research necessary to develop the ucts, and services with the potential to im- eling, and an emphasis on research-to- United States Weather Research and Fore- prove modeling and forecasting capabilities, operations technology transfer. casting Model; and taking into account factors including vary- As a Representative from Oklahoma, (2) such other analysis relating to the di- ing building heights, impermeable surfaces, I understand the need for accurate and vestiture as the Under Secretary considers lack of tree canopy, traffic, pollution, and timely weather predictions firsthand. appropriate. inter-building wind effects. Every year, the loss of life from deadly SEC. 409. NATIONAL WEATHER SERVICE; OPER- (b) REPORT AND ASSESSMENT.—Upon com- ATIONS AND WORKFORCE ANALYSIS. tornadoes in my home State is a stark pletion of the review required by subsection reminder that we can do better to pre- The Under Secretary shall contract or con- (a), the Under Secretary shall submit to Con- tinue to partner with an external organiza- dict severe weather events and provide gress a report on the research, products, and tion to conduct a baseline analysis of Na- longer lead times to protect Americans services of the National Weather Service, in- tional Weather Service operations and work- cluding an assessment of such research, in harm’s way. force. products, and services that is based on the I am proud that the legislation has a SEC. 410. REPORT ON CONTRACT POSITIONS AT review, public comment, and recent publica- dedicated Tornado Warning Improve- NATIONAL WEATHER SERVICE. tions by the National Academy of Sciences. ment Program. The goal of this pro- (a) REPORT REQUIRED.—Not later than 180 days after the date of the enactment of this SEC. 412. WEATHER ENTERPRISE OUTREACH. gram is to reduce the loss of life from Act, the Under Secretary shall submit to (a) IN GENERAL.—The Under Secretary may tornadoes by advancing the under- Congress a report on the use of contractors establish mechanisms for outreach to the standing of fundamental meteorolog- at the National Weather Service for the most weather enterprise— ical science allowing detection and no- recently completed fiscal year. (1) to assess the weather forecasts and fore- tifications that are more accurate, ef- (b) CONTENTS.—The report required by sub- cast products provided by the National Oce- fective, and timely. Constituents in my section (a) shall include, with respect to the anic and Atmospheric Administration; and home State will benefit greatly from most recently completed fiscal year, the fol- (2) to determine the highest priority lowing: weather forecast needs of the community de- longer tornado warning lead times, (1) The total number of full-time equiva- scribed in subsection (b). which will save lives and better protect lent employees at the National Weather (b) OUTREACH COMMUNITY.—In conducting property. Service, disaggregated by each equivalent outreach under subsection (a), the Under H.R. 353 makes clear that NOAA will level of the General Schedule. Secretary shall contact leading experts and prioritize weather research and protect (2) The total number of full-time equiva- innovators from relevant stakeholders, in- lives and property through a focused, lent contractors at the National Weather cluding the representatives from the fol- affordable, attainable, forward-looking Service, disaggregated by each equivalent lowing: research plan at the agency’s Research level of the General Schedule that most (1) State or local emergency management Office. closely approximates their duties. agencies. The bill also encourages innovations (3) The total number of vacant positions at (2) State agriculture agencies. the National Weather Service on the day be- (3) Indian tribes (as defined in section 4 of and new technology capacities by cre- fore the date of enactment of this Act, the Indian Self-Determination and Edu- ating a joint technology transfer fund disaggregated by each equivalent level of the cation Assistance Act (25 U.S.C. 5304)) and in NOAA’s Office of Oceanic and At- General Schedule. Native Hawaiians (as defined in section 6207 mospheric Research. This transfer is

VerDate Sep 11 2014 03:21 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.008 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H215 essential to get new forecasting, mod- COMMITTEE ON SCIENCE, SPACE, AND also be communicated more effectively els, and technologies out of the re- TECHNOLOGY, HOUSE OF REP- to the public and those in harm’s way search side of NOAA and into our oper- RESENTATIVES, to reduce the loss of life and property. Washington, DC, January 9, 2017. This bill is designed to address those ational forecast to better protect our Hon. BILL SHUSTER, country. Chairman, Committee on Transportation and important goals. The bill connects the research side of The bill directs NOAA to develop Infrastructure, House of Representatives, Washington, DC. NOAA, the Office of Oceanic and At- plans to restore our country’s leader- DEAR MR. CHAIRMAN: Thank you for your mospheric Research, more effectively ship in weather forecasting. It is no se- letter regarding H.R. 353, the ‘‘Weather Re- to the forecasting needs of the Na- cret that many people in our weather search and Forecasting Innovation Act of tional Weather Service. This research- community are distraught that our 2017.’’ I appreciate your support in bringing to-operations pipeline is essential for forecasting capacities have deterio- this legislation before the House of Rep- the continued improvement of our resentatives, and accordingly, understand rated in recent years. that the Committee on Transportation and weather forecasting enterprise. While other countries are making Infrastructure will forego action on the bill. b 1715 The Committee on Science, Space, and great strides in weather advancements, The bill contains several provisions Americans are paying the price for di- Technology concurs with the mutual understanding that by foregoing consideration of that will improve interactions and in- minished leadership with their lives H.R. 353 at this time, the Committee on formation sharing between NOAA’s re- and their wallets. This is yet another Transportation and Infrastructure does not searchers and the National Weather reminder that we can do better. waive any jurisdiction over the subject mat- Service. It also improves communica- ter contained in this bill or similar legisla- This legislation directs NOAA to actions between NOAA and the broader tion in the future. In addition, should a con- research and private weather commu- tively consider new commercial data ference on this bill be necessary, I would sup- and private sector solutions to further port your request to have the Committee on nities. enhance our weather forecasting capac- Transportation and Infrastructure rep- The bill also establishes interagency coordination, through the Office of ities. The bill also includes a pilot resented on the conference committee. I will insert copies of this exchange in the Science and Technology Policy, across project, which will provide NOAA a Congressional Record during consideration multiple agencies outside of NOAA clear and credible demonstration of the of this bill on the House floor. I appreciate that share responsibilities for weather valuable data from commercial tech- your cooperation regarding this legislation research and forecast communications. nologies available today. and look forward to continuing to work with This is essential as we face budget con- the Committee on Transportation and Infra- H.R. 353 is the result of 4 years of structure as the bill moves through the leg- straints, and it will help speed the work to craft a meaningful package islative process. adoption of best tools and practices that will create new and real improve- Sincerely, across the various agencies. ments to our country’s weather fore- LAMAR SMITH, H.R. 353 also recognizes that even the casting systems. The time has come for Chairman. best forecasts will not serve the Americans to have the most accurate Ms. BONAMICI. Mr. Speaker, I yield public’s needs unless there are effective and timely weather predictions. They myself such time as I may consume. communications systems. The bill di- deserve nothing less. Mr. Speaker, I rise in support of H.R. rects NOAA to do more research, listen 353, the Weather Research and Fore- to experts, and improve its risk com- Mr. Speaker, I reserve the balance of casting Innovation Act. This bill, in- munications techniques. my time. troduced by my colleague, Mr. LUCAS, The bill also reestablishes a program COMMITTEE ON TRANSPORTATION AND is a product of hard work and negotia- that allows NOAA to give awards to INFRASTRUCTURE, HOUSE OF REP- tion over the past two Congresses. people who save the lives of others RESENTATIVES, In addition to Mr. LUCAS, I thank through NOAA’s Weather Radio All Washington, DC, January 9, 2017. Chairman SMITH and also Environment Hazards program. The bill also for- Hon. LAMAR SMITH, Chairman, Committee on Science, Space, and Subcommittee chair, Mr. BRIDENSTINE, mally establishes the pilot program Technology, Washington, DC. and former chair, Mr. CHRIS STEWART, currently operating at NOAA to engage who were great partners in this proc- in contracts with the commercial sec- DEAR CHAIRMAN SMITH: I write concerning tor for weather forecasting data. H.R. 353, the Weather Research and Fore- ess. The language before us today is a casting Innovation Act of 2017. This legisla- result of a truly bipartisan and bi- Additionally, the bill requires NOAA tion includes matters that fall within the cameral effort. to examine the benefits and costs of Rule X jurisdiction of the Committee on The National Oceanic and Atmos- different sensors by running simula- Transportation and Infrastructure. pheric Administration is responsible tions of different configurations of in- struments and datasets on forecasting In order to expedite Floor consideration of for many important tasks at the cut- H.R. 353, the Committee on Transportation ting edge of science and public service, accuracy. It is important that these re- and Infrastructure will forgo action on this and weather forecasting is one of the quirements are not too prescriptive so bill. However, this is conditional on our mu- tasks most critical to our country. that NOAA can use the most efficient, tual understanding that forgoing consider- In the northwest Oregon commu- accurate, and cost-effective model for ation of the bill does not prejudice the Com- nities I represent, my constituents rely this situation. mittee with respect to the appointment of on timely weather forecasts to decide This legislation will produce ad- conferees or to any future jurisdictional when to harvest their crops, when to go vances in weather forecasting and ca- claim over the subject matters contained in to sea to fish, how to navigate the pabilities that will result in better de- the bill or similar legislation that fall within roads safely when there is freezing rain velopment of forecast innovations and the Committee’s Rule X jurisdiction. I appre- or snow, and to prepare for possible technology. Ultimately, this will save ciate you working with us on the base text of flood conditions. American lives and property. the bill and request you urge the Speaker to The National Weather Service pro- I thank the Members on both sides of name members of the Committee to any con- vides excellent forecasting products to the aisle for their input and support. ference committee named to consider such support our economy, but with the in- Also, I would like to thank the hard- provisions. creasing frequency of severe weather working committee staff on both sides Please place a copy of this letter and your events, there can be and should be im- of the aisle for their efforts to continue response acknowledging our jurisdictional provements in our forecasting capabili- negotiations to move this bill forward. interest in the Congressional Record during ties and delivery. I ask my colleagues to support this House Floor consideration of the bill. I look For example, forecasts can be more bill. forward to working with the Committee on Science, Space, and Technology as the bill precise regarding what will happen and Mr. Speaker, I reserve the balance of moves through the legislative process. when. Improved forecasts can provide my time. Sincerely, more lead time to allow communities Mr. LUCAS. Mr. Speaker, I yield 3 BILL SHUSTER, to prepare, especially in severe weather minutes to the gentleman from Okla- Chairman. events. Forecast information should homa (Mr. BRIDENSTINE), my colleague

VerDate Sep 11 2014 06:02 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.021 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H216 CONGRESSIONAL RECORD — HOUSE January 9, 2017 who has worked very diligently on this Mr. Speaker, this has the potential dollar government satellites. The effort for a number of years. to be a paradigm-shifting provision. Science, Space, and Technology Com- Mr. BRIDENSTINE. Mr. Speaker, Commercial weather data can augment mittee has jurisdiction over NOAA’s every year that I have had the honor to the data we receive from systems such satellite office and has conducted ongo- serve Oklahoma’s First Congressional as JPSS and GOES, while also serving ing oversight of the agency’s satellite District, I have also faced the unfortu- as a mitigation strategy in the event program. Our conclusion is that it is in nate reality that I will lose constitu- we experience a gap in weather data real need of reform. ents to tornadoes, as will many of us from these systems. More data from in- Over the years, events at NOAA have who represent constituents in Okla- novative sources has a real potential to revealed mismanagement, cost over- homa. This terrible fact has motivated improve our forecasting capabilities. runs, and delays of its weather sat- me and others from our delegation to The SPEAKER pro tempore. The ellites. This detracts from our ability work hard for policies that will save time of the gentleman has expired. to accurately predict our weather, lives and property and move us to a Mr. LUCAS. Mr. Speaker, I yield the which unnecessarily endangers Ameri- day where we have zero deaths from gentleman an additional 30 seconds. cans. tornadoes or other extreme weather Mr. BRIDENSTINE. Mr. Speaker, I This bill will right the ship and allow events. believe there will come a time when NOAA the flexibility to buy new, af- I would like to thank Chairman there will be zero deaths from torna- fordable, and potentially better sources SMITH, Vice Chairman LUCAS, and En- does. I think this bill will help us im- of data from the private sector, which vironment Subcommittee Ranking plement the necessary steps to get has the power to make real improve- Member BONAMICI for their tireless ef- there. ments to our weather forecasting capa- forts to see this bipartisan legislation I once again thank my colleagues on bilities. move forward. the Science, Space, and Technology It also creates a much-needed tech- The Weather Research and Fore- Committee for all their very hard work nology transfer fund in NOAA’s Office casting Innovation Act of 2017 is the to get this done, and I encourage our of Oceanic and Atmospheric Research product of extensive negotiations be- counterparts in the Senate to move to help push technologies developed tween the Environment Subcommittee, this legislation to the President’s desk through NOAA’s weather research into which I chair, and the Senate Com- quickly. operation. This will ensure that the I urge my colleagues to support this merce Committee, and I am proud of technologies that are developed are ef- bill. the bipartisan and bicameral agree- fectively employed and do not idle on Ms. BONAMICI. Mr. Speaker, I re- the lab bench. ment that this bill represents. serve the balance of my time. H.R. 353 directs the NOAA Adminis- Again, I thank Mr. LUCAS and Mr. Mr. LUCAS. Mr. Speaker, I yield 5 BRIDENSTINE for their initiative on this trator to prioritize activities that will minutes to the gentleman from Texas save lives and protect property. Again, issue. Americans from coast to coast (Mr. SMITH) who has guided the will now be better prepared for severe this is critically important to my Science, Space, and Technology Com- State, which is in the heart of tornado weather with the passage of this bill. mittee ever so carefully for a number I urge my colleagues to support the alley. of years. bill. This legislation will help NOAA de- Mr. SMITH of Texas. Mr. Speaker, Ms. BONAMICI. Mr. Speaker, I have velop more accurate and timely warn- first of all, I thank the gentleman from no further requests for time, and I urge ings for hurricanes, tornadoes, and Oklahoma and the vice chairman of the my colleagues to support this bill. other high-impact weather events. It Science, Space, and Technology Com- Mr. Speaker, I yield back the balance calls on NOAA to develop a plan to mittee for yielding, and I thank both of my time. maintain forecasting capabilities that him and Mr. BRIDENSTINE, another gen- Mr. LUCAS. Mr. Speaker, I yield my- are second to none in the world, pri- tleman from Oklahoma and a member self the balance of my time. marily because, by some metrics, we of the Science, Space, and Technology Mr. Speaker, I wish to take a mo- lag behind our counterparts in Europe, Committee, for taking the initiative ment to thank the gentlewoman from the U.K. and Canada. and introducing this legislation. Oregon (Ms. BONAMICI) for all of her ef- The bill encourages better coopera- H.R. 353, Weather Research and Fore- forts to bring us to this point. We still tion across NOAA offices and enhances casting Innovation Act of 2017, will have a ways to go ultimately, but great collaboration with universities, such as transform our Nation’s weather-gath- strides have been made. the University of Oklahoma, which is a ering efforts and help save lives and I thank my colleague from Oklahoma national leader in weather research. property. (Mr. BRIDENSTINE) for his input and ef- It will also ensure that innovative Severe weather routinely affects forts and, of course, again, the chair- methods and technologies, such as large portions of the United States. man of the full Science, Space, and warn on forecast, currently being de- Nearly every year, we witness the dev- Technology Committee, Mr. SMITH of veloped at the National Severe Storms astating effects of tornadoes across our Texas, for helping in that critical role Laboratory in Norman, Oklahoma, are country. The deaths and the damage of being the catalyst for all of this. rapidly deployed in operational status from these events underscore the need From the perspective of a farmer, so that the American people can ben- for a world-class weather prediction some will say: What does this really efit. system. mean? But when it comes to trying to Further, beyond improvements to H.R. 353 improves weather observa- gauge how to plant your crops, how to short-term forecasts of extreme events, tion systems by the use of observing harvest your crops, whether you are a the bill directs NOAA to improve our system simulation experiments and truck driver driving up and down the understanding of seasonal forecasts, next generation computing and mod- highways and bi-ways of America, a which can be immensely useful to in- eling capabilities. This bill strengthens citizen moving around the country, dustries such as agriculture. the underlying atmospheric science, someone along the coast, or, as Ms. Mr. Speaker, I am particularly while advancing innovative technology BONAMICI pointed out, a fisherman, this pleased this bill finally authorizes a and reforming operations to provide information will make your life more commercial weather data pilot pro- better weather data, models, and fore- efficient, it will make your life safer, gram. H.R. 353 authorizes $24 million casts. It prompts NOAA to actively em- and it will enhance the productive ca- over the next 4 years for a pilot pro- ploy new commercial data and solu- pacity of this country. This is one of gram for NOAA to purchase commer- tions through a multiyear commercial those investments that we will all gain cial space-based weather data and test weather data pilot program. from. it against NOAA’s proprietary data. Further, it directs NOAA to consider Mr. Speaker, I yield back the balance This can improve forecasts and save commercial data options rather than of my time. the Federal Government money. This rely on slow, costly, and continually Ms. EDDIE BERNICE JOHNSON of Texas. will allow NOAA to continue to expand delayed government-owned satellites. Mr. Speaker, I rise in support of H.R. 353, the upon the two pilot contracts it award- For far too long, our government has Weather Research and Forecasting Innovation ed in September of last year. relied on these massive, multibillion- Act of 2017.

VerDate Sep 11 2014 03:54 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JA7.023 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H217 This bill is the culmination of more than four ANNOUNCEMENT BY THE SPEAKER Granger Lujan Grisham, Rouzer Graves (GA) M. Roybal-Allard years of compromise and negotiation, and PRO TEMPORE Graves (LA) Luja´ n, Ben Ray Royce (CA) demonstrates that the issues of weather and The SPEAKER pro tempore. Pursu- Graves (MO) Lynch Ruiz climate can be addressed in a bi-partisan way. ant to clause 8 of rule XX, proceedings Green, Al MacArthur Ruppersberger In that regard, I want to recognize the ef- Green, Gene Maloney, Rutherford will resume on motions to suspend the Griffith Carolyn B. Sa´ nchez forts of JIM BRIDENSTINE and SUZANNE rules previously postponed. Grothman Maloney, Sean Sanford BONAMICI, as well as the bill’s sponsor, FRANK Votes will be taken in the following Guthrie Marchant Sarbanes LUCAS. Their leadership and commitment has Hanabusa Marino Scalise order: Harper Marshall Schakowsky really driven this process forward. H.R. 315, by the yeas and nays; Harris Massie Schiff Mr. Speaker, weather affects all of us every- H.R. 304, by the yeas and nays. Hartzler Mast Schneider day. It is a constant presence in our lives. The first electronic vote will be con- Hastings Matsui Schweikert Tropical storms batter homes and disrupt Heck McCarthy Scott (VA) ducted as a 15-minute vote. The second Hensarling McCaul Scott, Austin lives from my home state of Texas all the way electronic vote will be conducted as a Hice, Jody B. McClintock Scott, David to Maine. States like Oklahoma, Illinois, and 5-minute vote. Higgins (LA) McCollum Sensenbrenner again Texas are some of the most tornado Higgins (NY) McEachin Serrano f Hill McGovern Sessions prone areas in the entire world. Himes McHenry Sewell (AL) Sadly, turning on the television to see a part IMPROVING ACCESS TO Holding McKinley Shea-Porter of our country devastated by tornados, or hur- MATERNITY CARE ACT Hollingsworth McMorris Sherman ricanes, or other severe weather incidents, Hoyer Rodgers Shimkus Hudson McNerney Shuster has become a far too familiar occurrence. To The SPEAKER pro tempore. The un- finished business is the vote on the mo- Huffman McSally Sinema help Americans avoid and cope with these po- Huizenga Meadows Sires tentially devastating events, we need to have tion to suspend the rules and pass the Hultgren Meehan Slaughter the very best weather forecasting and warning bill (H.R. 315) to amend the Public Hunter Meeks Smith (MO) Health Service Act to distribute mater- Hurd Messer Smith (NE) capabilities. Issa Mitchell Smith (NJ) The National Weather Service and the Of- nity care health professionals to health Jackson Lee Moolenaar Smith (TX) fice of Oceanic and Atmospheric Research at professional shortage areas identified Jayapal Mooney (WV) Smith (WA) Jeffries Moulton Smucker NOAA play a central role in protecting the as in need of maternity care health services, on which the yeas and nays Jenkins (KS) Mullin Soto lives and property of every American. Jenkins (WV) Murphy (FL) Speier The bill before us today will help accelerate were ordered. Johnson (GA) Murphy (PA) Stefanik innovation, and turn cutting-edge weather re- The Clerk read the title of the bill. Johnson (LA) Nadler Stewart The SPEAKER pro tempore. The Johnson (OH) Napolitano Stivers search into essential weather forecasting tools Johnson, E. B. Neal Suozzi and products; tools which forecasters can then question is on the motion offered by Johnson, Sam Newhouse Swalwell (CA) use to protect American lives. the gentleman from Texas (Mr. BUR- Jordan Noem Takano Joyce (OH) Nolan Taylor The legislation removes barriers that exist GESS) that the House suspend the rules and pass the bill. Kaptur Norcross Tenney between the weather research community, our Katko Nunes Thompson (CA) nation’s forecasters, and the private-sector The vote was taken by electronic de- Keating O’Halleran Thompson (MS) weather enterprise. Improving collaboration vice, and there were—yeas 405, nays 0, Kelly (IL) O’Rourke Thompson (PA) not voting 28, as follows: Kelly (MS) Olson Thornberry and cooperation within NOAA, and also be- Kelly (PA) Palazzo Tiberi tween the agency and the broader weather [Roll No. 24] Kennedy Pallone Tipton community, will impact the accuracy and tim- YEAS—405 Khanna Palmer Titus Kihuen Panetta Tonko ing of our weather predictions. These improve- Abraham Carson (IN) Denham Kildee Pascrell Torres ments will ultimately save lives and make our Adams Carter (GA) Dent Kilmer Paulsen Trott communities safer. Aderholt Carter (TX) DeSantis Kind Payne Tsongas Aguilar Cartwright DeSaulnier King (IA) Pearce Turner Strengthening our resilience to severe Allen Castor (FL) DesJarlais King (NY) Pelosi Upton weather events is both vital and necessary to Amash Castro (TX) Deutch Kinzinger Peters Valadao strengthen our nation’s economic security. Amodei Chabot Diaz-Balart Knight Peterson Vargas Arrington Chaffetz Dingell H.R. 353 will advance our weather forecasting Krishnamoorthi Pingree Veasey Babin Cheney Doggett Kuster (NH) Pittenger Vela capabilities and I urge my colleagues to sup- Bacon Chu, Judy Donovan Kustoff (TN) Pocan Vela´ zquez port its passage. Banks (IN) Cicilline Doyle, Michael Labrador Poe (TX) Walberg The SPEAKER pro tempore. The Barletta Clark (MA) F. LaHood Poliquin Walden Barr Clarke (NY) Duffy LaMalfa Polis Walker question is on the motion offered by Barraga´ n Clay Duncan (TN) Lamborn Posey Walorski the gentleman from Oklahoma (Mr. Barton Cleaver Dunn Lance Price (NC) Walters, Mimi LUCAS) that the House suspend the Bass Clyburn Ellison Langevin Quigley Walz Beatty Coffman Emmer rules and pass the bill, H.R. 353. Larsen (WA) Raskin Wasserman Bera Cohen Engel Larson (CT) Ratcliffe Schultz The question was taken; and (two- Bergman Cole Eshoo Latta Reed Waters, Maxine thirds being in the affirmative) the Beutler Collins (GA) Espaillat Lawrence Reichert Watson Coleman rules were suspended and the bill was Beyer Collins (NY) Esty Lawson (FL) Renacci Weber (TX) Biggs Comer Evans Lee Rice (NY) Webster (FL) passed. Bilirakis Comstock Farenthold Levin Rice (SC) Welch A motion to reconsider was laid on Bishop (MI) Conaway Faso Lewis (GA) Richmond Wenstrup the table. Bishop (UT) Connolly Ferguson Lewis (MN) Roby Westerman Black Conyers Fitzpatrick Lieu, Ted Roe (TN) Williams f Blackburn Cook Fleischmann Lipinski Rogers (AL) Wilson (FL) Blum Cooper Flores LoBiondo Rogers (KY) Wilson (SC) RECESS Blumenauer Costa Fortenberry Loebsack Rohrabacher Wittman The SPEAKER pro tempore. Pursu- Bonamici Costello (PA) Foster Lofgren Rokita Womack Bost Courtney Foxx Long Rooney, Francis Woodall ant to clause 12(a) of rule I, the Chair Brady (PA) Cramer Frankel (FL) Loudermilk Rooney, Thomas Yarmuth declares the House in recess until ap- Brat Crawford Franks (AZ) Love J. Yoder proximately 6:30 p.m. today. Bridenstine Crist Frelinghuysen Lowenthal Rosen Yoho Brooks (AL) Crowley Fudge Accordingly (at 5 o’clock and 26 min- Lowey Roskam Young (AK) Brooks (IN) Cuellar Gabbard Lucas Ross Young (IA) utes p.m.), the House stood in recess. Brown (MD) Culberson Gaetz Luetkemeyer Rothfus Zeldin Brownley (CA) Cummings Gallagher f Buck Curbelo (FL) Gallego NOT VOTING—28 Bucshon Davidson Garamendi Becerra Correa Mulvaney b 1830 Budd Davis (CA) Garrett Bishop (GA) Davis, Danny Perlmutter Burgess Davis, Rodney Gibbs AFTER RECESS Blunt Rochester Duncan (SC) Perry Bustos DeFazio Gohmert Boyle, Brendan Grijalva The recess having expired, the House Byrne DeGette Gonzalez (TX) Pompeo F. Gutie´rrez Price, Tom (GA) was called to order by the Speaker pro Calvert Delaney Goodlatte Brady (TX) Jones Capuano DeLauro Gosar Ros-Lehtinen tempore (Mr. DONOVAN) at 6 o’clock Buchanan Meng Rush Carbajal DelBene Gottheimer Butterfield Moore and 30 minutes p.m. Ca´ rdenas Demings Gowdy

VerDate Sep 11 2014 03:54 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.010 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H218 CONGRESSIONAL RECORD — HOUSE January 9, 2017 Russell Simpson Wagner on which the yeas and nays were or- Marino Posey Smucker Ryan (OH) Visclosky Zinke dered. Marshall Price (NC) Soto Massie Quigley Speier b 1853 The Clerk read the title of the bill. Mast Raskin Stefanik So (two-thirds being in the affirma- The SPEAKER pro tempore. The Matsui Ratcliffe Stewart question is on the motion offered by McCarthy Reed Stivers tive) the rules were suspended and the McCaul Reichert Suozzi the gentleman from Texas (Mr. BUR- bill was passed. McClintock Renacci Swalwell (CA) The result of the vote was announced GESS) that the House suspend the rules McCollum Rice (NY) Takano McEachin Richmond as above recorded. and pass the bill. Taylor This will be a 5-minute vote. McGovern Roby Tenney A motion to reconsider was laid on McHenry Roe (TN) The vote was taken by electronic de- Thompson (CA) the table. McKinley Rogers (AL) Thompson (MS) vice, and there were—yeas 404, nays 0, McMorris Rogers (KY) Thompson (PA) f not voting 29, as follows: Rodgers Rohrabacher Thornberry McNerney Rokita Tiberi MOMENT OF SILENCE IN RECOGNI- [Roll No. 25] McSally Rooney, Francis Tipton Meadows Rooney, Thomas TION OF VICTIMS OF THE TWO YEAS—404 Titus Meehan J. MOST RECENT TRAGEDIES IN Tonko Abraham Crawford Higgins (LA) Meeks Rosen Torres FT. LAUDERDALE AND ORLANDO Adams Crist Higgins (NY) Mitchell Roskam Trott Aderholt Crowley Hill Moolenaar Ross (Ms. WASSERMAN SCHULTZ asked Tsongas Aguilar Cuellar Himes Mooney (WV) Rothfus Turner and was given permission to address Allen Culberson Holding Moore Rouzer the House for 1 minute and to revise Amash Cummings Hollingsworth Moulton Roybal-Allard Upton Valadao and extend her remarks.) Amodei Curbelo (FL) Hoyer Mullin Royce (CA) Arrington Davidson Hudson Murphy (FL) Ruiz Vargas Ms. WASSERMAN SCHULTZ. Mr. Babin Davis (CA) Huffman Murphy (PA) Ruppersberger Veasey Speaker, I rise today with the Florida Bacon Davis, Rodney Huizenga Nadler Rutherford Vela ´ delegation and other colleagues with Banks (IN) DeFazio Hultgren Napolitano Sa´ nchez Velazquez Barletta DeGette Hunter Walberg the heaviest of hearts. In the last few Neal Sanford Barr Delaney Hurd Newhouse Sarbanes Walden days, our State has witnessed two hor- Barraga´ n DeLauro Issa Noem Scalise Walker rific tragedies. Barton DelBene Jackson Lee Nolan Schakowsky Walorski The first occurred Friday, in my con- Bass Demings Jayapal Norcross Schiff Walters, Mimi Beatty Denham Jeffries Nunes Schneider Walz gressional district, when a gunman Bera Dent Jenkins (KS) O’Halleran Schweikert Wasserman mercilessly unleashed a hail of gunfire Bergman DeSantis Jenkins (WV) O’Rourke Scott (VA) Schultz on passengers in the baggage claim Beutler DeSaulnier Johnson (GA) Olson Scott, Austin Waters, Maxine Beyer DesJarlais Johnson (LA) Watson Coleman area at the Fort Lauderdale-Hollywood Palazzo Scott, David Biggs Deutch Johnson (OH) Pallone Sensenbrenner Weber (TX) International Airport, murdering five Bilirakis Diaz-Balart Johnson, E. B. Palmer Serrano Webster (FL) and injuring six other innocent vic- Bishop (MI) Dingell Johnson, Sam Panetta Sessions Welch tims. Our thoughts and prayers are Bishop (UT) Doggett Jordan Pascrell Sewell (AL) Wenstrup Black Donovan Joyce (OH) Paulsen Shea-Porter Westerman with the victims, the wounded, their Blackburn Doyle, Michael Kaptur Payne Sherman Williams families, and the countless others trau- Blum F. Katko Pearce Shimkus Wilson (FL) matized by this tragedy. Blumenauer Duffy Keating Pelosi Shuster Wilson (SC) Bonamici Duncan (TN) Kelly (IL) I commend both the Broward County Peters Sinema Wittman Bost Dunn Kelly (MS) Peterson Sires Womack Sheriff’s officers who swiftly took Brady (PA) Ellison Kelly (PA) Pingree Slaughter Woodall down the perpetrator and minimized Brady (TX) Emmer Kennedy Pittenger Smith (MO) Yarmuth the loss of life and the airport per- Brat Engel Khanna Pocan Smith (NE) Yoder Bridenstine Eshoo Kihuen Poe (TX) Smith (NJ) Yoho sonnel who are tirelessly reuniting pas- Brooks (AL) Espaillat Kildee Poliquin Smith (TX) Young (IA) sengers with 23,000 personal items left Brooks (IN) Esty Kilmer Polis Smith (WA) Zeldin behind in the chaos that ensued, Brown (MD) Evans Kind Brownley (CA) Farenthold King (IA) NOT VOTING—29 stranding many of them without iden- Buck Faso King (NY) Becerra Grijalva Rice (SC) tification or an ability to travel. Bucshon Ferguson Kinzinger Bishop (GA) Gutie´rrez Ros-Lehtinen The second tragedy occurred today Budd Fitzpatrick Knight Blunt Rochester Jones Rush Burgess Fleischmann Krishnamoorthi Boyle, Brendan Meng Russell when Orlando Police Officer Debra Bustos Flores Kuster (NH) Clayton was slain by a murder suspect. F. Messer Ryan (OH) Byrne Fortenberry Kustoff (TN) Buchanan Mulvaney Simpson Later, Orange County Sheriff’s Deputy Calvert Foster Labrador Butterfield Perlmutter Visclosky Norman Lewis went looking for her Capuano Foxx LaHood Correa Perry Wagner Carbajal Frankel (FL) LaMalfa Davis, Danny Pompeo Young (AK) killer and died in a traffic accident. ´ Cardenas Franks (AZ) Lamborn Duncan (SC) Price, Tom (GA) Zinke On behalf of the Members from Or- Carson (IN) Frelinghuysen Lance lando, I want to say, to lose two offi- Carter (GA) Fudge Langevin b 1903 Carter (TX) Gabbard Larsen (WA) cers on Law Enforcement Appreciation Cartwright Gaetz Larson (CT) So (two-thirds being in the affirma- Day is an unspeakable tragedy. Mr. Castor (FL) Gallagher Latta tive) the rules were suspended and the Speaker, I ask, on behalf of my col- Castro (TX) Gallego Lawrence bill was passed. leagues, for this moment of silence to Chabot Garamendi Lawson (FL) Chaffetz Garrett Lee The result of the vote was announced remember these victims. Cheney Gibbs Levin as above recorded. The SPEAKER pro tempore. The Chu, Judy Gohmert Lewis (GA) A motion to reconsider was laid on House will observe a moment of si- Cicilline Gonzalez (TX) Lewis (MN) Clark (MA) Goodlatte Lieu, Ted the table. lence. Clarke (NY) Gosar Lipinski f f Clay Gottheimer LoBiondo Cleaver Gowdy Loebsack REPORT ON RESOLUTION PRO- PROTECTING PATIENT ACCESS TO Clyburn Granger Lofgren VIDING FOR CONSIDERATION OF EMERGENCY MEDICATIONS ACT Coffman Graves (GA) Long H.R. 5, REGULATORY ACCOUNT- Cohen Graves (LA) Loudermilk OF 2017 Cole Graves (MO) Love ABILITY ACT OF 2017, AND PRO- The SPEAKER pro tempore. Without Collins (GA) Green, Al Lowenthal VIDING FOR CONSIDERATION OF Collins (NY) Green, Gene Lowey H.R. 79, HELPING ANGELS LEAD objection, 5-minute voting will con- Comer Griffith Lucas tinue. Comstock Grothman Luetkemeyer OUR STARTUPS ACT There was no objection. Conaway Guthrie Lujan Grisham, Mr. NEWHOUSE, from the Com- Connolly Hanabusa M. The SPEAKER pro tempore. The un- Conyers Harper Luja´ n, Ben Ray mittee on Rules, submitted a privi- finished business is the vote on the mo- Cook Harris Lynch leged report (Rept. No. 115–2) on the tion to suspend the rules and pass the Cooper Hartzler MacArthur resolution (H. Res. 33) providing for bill (H.R. 304) to amend the Controlled Costa Hastings Maloney, consideration of the bill (H.R. 5) to re- Costello (PA) Heck Carolyn B. Substances Act with regard to the pro- Courtney Hensarling Maloney, Sean form the process by which Federal vision of emergency medical services, Cramer Hice, Jody B. Marchant agencies analyze and formulate new

VerDate Sep 11 2014 03:54 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.012 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H219 regulations and guidance documents, young, and had just celebrated her first We also cannot let congressional to clarify the nature of judicial review anniversary with her husband. seats become feudal estates. The turn- of agency interpretations, to ensure Deputy Lewis was deeply admired by over rate here in the people’s House is complete analysis of potential impacts all of his colleagues. He loved helping less than European monarchies. Con- on small entities of rules, and for other people, and it showed in his work. He gress desperately needs a 12-year term purposes, and providing for consider- was just 35. limit like there is in the California leg- ation of the bill (H.R. 79) to clarify the Mr. Speaker, I respectfully ask all islature. definition of general solicitation under Members to join me in observing a mo- Mr. Speaker, banning PAC money Federal securities law, which was re- ment of silence to honor and remember and instituting term limits are nec- ferred to the House Calendar and or- these heroes during this difficult time. essary steps to restore our democracy. dered to be printed. f f f COMMEMORATING NAT HENTOFF RECOGNIZING SANDRA MYERS NATIONAL LAW ENFORCEMENT (Mr. ROTHFUS asked and was given (Ms. FOXX asked and was given per- APPRECIATION DAY permission to address the House for 1 mission to address the House for 1 (Mr. PAULSEN asked and was given minute and to revise and extend his re- minute.) permission to address the House for 1 marks.) Ms. FOXX. Mr. Speaker, today I rise minute and to revise and extend his re- Mr. ROTHFUS. Mr. Speaker, I rise to recognize Sandra Myers of Laurel marks.) today to commemorate the late Nat Springs, North Carolina. This remark- Mr. PAULSEN. Mr. Speaker, I rise Hentoff, a man who constantly defied able and talented woman is retiring today on National Law Enforcement expectations. He died this weekend on after spending her entire 40-year career Appreciation Day to recognize and sup- January 7. with the Social Security Administra- port our many men and women bravely Nat defined himself as a ‘‘Jewish, tion. Since the age of 18, Sandra has serving and protecting their commu- atheist, civil libertarian, left-wing pro- worked in the Wilkesboro field office nities all across Minnesota and our lifer.’’ A writer for the Village Voice where she started in an entry-level po- country. and brilliant jazz critic, he joined sition and currently serves as branch Law enforcement officers are heroes. forces with constituents across polit- manager. My district staff and I have They put their lives on the line to keep ical, ideological, and religious spec- had the pleasure of working with her our neighborhoods, homes, businesses, trums if he believed he shared common for many years now, and we have al- and schools safe and secure, as was evi- ground with them. ways found her to be a kind, caring denced by the tragedy that took place He was not afraid to alienate his fellow liberals by agreeing with pro-life person who is dedicated to serving oth- in Orlando. We owe them so much for ers. the many risks and difficult decisions heretics, as he once jokingly called them, nor was he afraid to speak to Sandra and her husband, John, are they make every single day. nearly lifelong members of their crowds of Christian pro-lifers, even It is important that we don’t take church. Upon her retirement, she plans when many of them said being atheist their service for granted. Our commu- to continue to assist the community by nities are better, thanks to their un- and pro-life were mutually exclusive. Rather than worry about their judg- helping elderly members at her church wavering commitment. That is why complete errands, remain active, and recognitions like today or National ment, he cared too much about fairness and equality to remain silent. He was attend services. Night Out in August, where we pro- Sandra Myers is a perfect example of more concerned with expressing what mote police community partnerships servant leadership, as well as the in- he believed to be true: that the unborn through neighborhood block parties credible work ethic that so many of my have great potential and that, with and cookouts with officers, are so criti- constituents in the Fifth District their own unique genetic code, they are cally important in strengthening the share. Alleghany County is fortunate human persons with as much a right to bond between community and law en- to call this hardworking citizen one of life as any of us. forcement. its own. Our men and women in uniform, as I commend Nat Hentoff for his cour- f well as their families and loved ones, age and intellectual integrity. It is not make tremendous sacrifices for the easy in our culture to swim upstream. NATIONAL LAW ENFORCEMENT safety and security of their neighbors. It takes a certain spirit, grit, and de- APPRECIATION DAY We thank them and recognize them for termination. These are characteristics (Mr. LAMALFA asked and was given their daily service. Nat Hentoff possessed in abundance. permission to address the House for 1 May he rest in peace and may his f minute and to revise and extend his re- family be consoled. marks.) HONORING LAW ENFORCEMENT f Mr. LAMALFA. Mr. Speaker, today is OFFICERS KILLED IN ORLANDO b 1915 National Law Enforcement Apprecia- (Mrs. DEMINGS asked and was given tion Day, and I think it is very appro- permission to address the House for 1 NECESSARY STEPS TO RESTORE priate in this body to stand up and minute.) OUR DEMOCRACY show that appreciation, especially in Mrs. DEMINGS. Mr. Speaker, I rise (Mr. KHANNA asked and was given these confused times where signals today to honor the lives of Master Ser- permission to address the House for 1 come out of this place that don’t show geant Debra Clayton of the Orlando Po- minute.) appreciation but, instead, depict our lice Department and Deputy Norm Mr. KHANNA. Mr. Speaker, I am the law enforcement in very unflattering Lewis of the Orange County Sheriff’s son of immigrants, born in Philadel- terms. Office. phia as the Nation celebrated our bi- To our friends in law enforcement, As the former Orlando police chief, I centennial. I ran for Congress because we want you to know that the vast ma- had the honor of knowing both Ser- we have lost sight of our founding jority of us believe in what you do and geant Clayton and Deputy Lewis. Ser- ideals. In Federalist 10, James Madison that we value you and what you do geant Clayton was violently murdered warned that factions, with their own every day out there to keep us safe, to while responding to a call this morn- special interests, may undermine the keep us secure in our homes and our ing. Deputy Lewis was killed while re- public good. communities. We also honor those—too sponding to a scene during the search Today, Congress is crippled by these many—whom we have lost tragically in for the suspect. As we recognize Law factions: powerful PACs and lobbyists. the line of duty. Enforcement Appreciation Day, we This must change. I am proud to be one I know their families pray every mourn the deaths of these two public of six Members who refuse all contribu- night that they will return home safe- servants. tions from PACs, and we need a bipar- ly. Too often, just in 2016, many of Sergeant Clayton was a fine officer, tisan caucus to eradicate their influ- these families’ worst fears were real- wife, and mother. She was 42 years ence. ized, as 135 fathers, sons, mothers, and

VerDate Sep 11 2014 03:54 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.030 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H220 CONGRESSIONAL RECORD — HOUSE January 9, 2017 daughters never returned home from follow the rules, and they wear the There was no objection. the line of duty. In my home State of badge proudly. Mr. RICHMOND. Mr. Speaker, it is California, 11 officers lost, one even We must remember that our officers an honor and a privilege to have this from my own district, Deputy Jack are mothers and fathers, sons and opportunity to stand on the House Hopkins of the Modoc County Sheriff’s daughters, and husbands and wives. floor and to anchor the Congressional Department. We recognize him, and we They are human, and they arguably Black Caucus’ Special Order hour, recognize all the brave men and women have one of the most difficult jobs in where today we want to discuss some around this country who sacrifice, who America. So today, and each day, let’s of the issues and challenges con- stand as a thin blue line between us honor our brothers and sisters in blue. fronting this country that we hope this and a lot of mayhem. We are truly Let’s thank them for the important newly constituted Congress will be pre- grateful and want to take time this work they do to keep us all safe. pared to take up as we move into the day to recognize what you do for us. f 115th Congress. God bless you all. Amen. The first and most glaring issue con- WE SHOULD BE HELD TO A f fronting the Congressional Black Cau- HIGHER STANDARD REAL LEADERSHIP TACKLES cus is the nomination and confirmation ISSUES (Mr. YOHO asked and was given per- of JEFF SESSIONS to be the Attorney mission to address the House for 1 General of the United States. The (Mr. RICHMOND asked and was given minute and to revise and extend his remembers of this caucus, since its in- permission to address the House for 1 marks.) ception, have fought for equality and minute and to revise and extend his re- Mr. YOHO. Mr. Speaker, the 115th justice, and we do it because it is the marks.) Congress has a unique opportunity to right thing to do, and that is how we Mr. RICHMOND. Mr. Speaker, I rise clean the swamp, especially of Mem- today to defend an 18-year-old school were raised. bers who were convicted of committing JEFF SESSIONS’ record is atrocious student who expressed his life experi- felonies while serving in office and ences, and he did it in the form of art when it comes to equal rights, equal drawing a retirement check from the protection, justice for all, and voting protected by the First Amendment to taxpayers. our Constitution. rights. At worst, he was a cocon- I reintroduced the Trust Restored to spirator in the promotion of segrega- But what I also want to do is make the United States Taxpayer Act, which sure that we, as Members of Congress, tion and discrimination. At best, he eliminates the taxpayer-funded portion lacked the courage and motivation to don’t use our bully pulpit in this very of congressional pensions for Members prestigious and most elite body in the fight for equality, equal protection, who were convicted of a felony while and justice. United States to condemn the actions serving. I applaud the 10 fellow Mem- of an 18-year-old who is only expressing In the words of Maya Angelou: bers of the House who cosponsored ‘‘When someone shows you who they what he sees on a daily basis. TRUST, and, in doing so, demonstrated What real leadership is is to talk to are believe them. . . .’’ President-elect they were willing to hold themselves that young man and ask him why, in Trump has shown us time and time accountable to their employers, the his community, this is his perception; again exactly who he is through his American taxpayers. words and his actions. His Cabinet ask him why he fears the police; and We are willing to hold ourselves to ask him why, in his neighborhood, they nominations offer further evidence of the same standards we hold those who who he is and what he values. Each of fear the police. We, as Members of Con- serve in our military and elsewhere. If gress, understand the sacrifice of law these individuals have shown us who Members of Congress are serious about they are as well. enforcement and the fact that they put cleaning up Washington and are truly their lives on the line every day, and Mr. Speaker, tonight you will hear accountable for their actions then sup- from many passionate, educated, expe- we honor them. porting this bill is common sense. If we But when there is a question on any rienced freedom fighters from our com- break the law and break the trust of segment of our society that they don’t munities, and they will each address the people who have placed us in power get equal justice, equal protection of their concerns with the nominations as their representatives then we should the laws, and that the Pledge of Alle- coming from the President-elect. We do be willing to forfeit the taxpayer-fund- giance rings hollow when you say ‘‘and it out of an obligation to continue to ed portion of our retirement. justice for all,’’ what real leadership fight for the least of those, those who We are not above the law. If any- cannot hire a lobbyist, those who are does is tackle that issue as opposed to thing, we should be held to a higher jumping on an 18-year-old high school struggling to make ends meet, those standard. I encourage my colleagues to who wake up every day trying to figure student. support this. f out how to put clothes on their kids’ f COMMENDING LAW ENFORCEMENT back, food on the table, a house, a roof OFFICERS ANNOUNCEMENT BY THE SPEAKER over their head, and to continue to fight for the American Dream, oppor- (Mr. THOMPSON of Pennsylvania PRO TEMPORE The SPEAKER pro tempore (Mr. tunity for their children. asked and was given permission to ad- Mr. Speaker, I yield back the balance LEWIS of Minnesota). The Chair will dress the House for 1 minute and to re- of my time. vise and extend his remarks.) recognize Members for Special Order speeches without prejudice to the re- Mr. THOMPSON of Pennsylvania. f Mr. Speaker, I rise today on Law En- sumption of legislative business. forcement Appreciation Day to com- f IMPACT OF CABINET mend the law enforcement officers ISSUES AND CHALLENGES FACING NOMINATIONS throughout our Nation who answer the OUR COUNTRY call to serve their communities. Law The SPEAKER pro tempore. Under enforcement officers face increasingly The SPEAKER pro tempore. Under the Speaker’s announced policy of Jan- difficult circumstances while working the Speaker’s announced policy of Jan- uary 3, 2017, the gentleman from Texas to serve and protect the public. It is a uary 3, 2017, the gentleman from Lou- (Mr. VEASEY) is recognized for the re- dangerous job, and often it is a thank- isiana (Mr. RICHMOND) is recognized for mainder of the hour as the designee of less job. 60 minutes as the designee of the mi- the minority leader. Just last week, Pennsylvania nority leader. Mr. VEASEY. Mr. Speaker, I want to mourned the loss of a 23-year-old Penn- GENERAL LEAVE welcome you to tonight’s Congres- sylvania State Police trooper who was Mr. RICHMOND. Mr. Speaker, I ask sional Black Caucus Special Order hour shot and killed while investigating a unanimous consent that all Members that will examine the negative impact domestic incident. be given 5 days to revise and extend of President-elect Trump’s nomina- Our officers put on their uniforms their remarks. tions for the position of U.S. Attorney each day knowing that they can be in The SPEAKER pro tempore. Is there General, Secretary of Education, and harm’s way at any moment. They an- objection to the request of the gen- Secretary of Health and Human Serv- swer the calls in times of distress, they tleman from Louisiana? ices.

VerDate Sep 11 2014 02:29 Apr 13, 2017 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD17\JANUARY\H09JA7.REC H09JA7 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H221 Let’s be honest here, the 2016 Presi- fice testified that Mr. SESSIONS re- want the Justice Department to work dential election showed us both the ferred to him as ‘‘boy’’ and counseled with local police departments who are worst and the best of American poli- him to be careful of what you say to in trouble, like what happened in Fer- tics. The most disturbing development White folks. guson. This is a man who is against of the election season, of course, was His appointment to the Federal voting rights. This is a man who has the President-elect’s campaign that branch was opposed by the Leadership shown himself to be against women. was an ‘‘us versus them’’ type of cam- Conference on Civil Rights, the Na- This is a man who does not support the paign that really divided the Nation. It tional Association for the Advance- LGBT community. Why would we want was really sad for people to see that on ment of Colored People, and other or- him to have this very important, pres- display. ganizations. Senator SESSIONS has tigious position as the Attorney Gen- On November 9, after winning the criticized the section 5 preclearance eral overseeing civil rights? I don’t Presidency, the President-elect provisions in the Voting Rights Act, think so. tweeted: ‘‘Such a beautiful and impor- which I and many others have been I advise everybody who is listening tant evening! The forgotten man and fighting to restore since the 2013 Su- and all of our colleagues to support woman will never be forgotten again. preme Court Shelby County v. Holder him not being appointed to that posi- We will all come together as never be- decision. tion and to get the word over to the fore.’’ In the 114th Congress, Senator SES- Senators that they should not support But will he keep his promise of doing SIONS opposed bipartisan criminal jus- him, they should not vote for him. all that he can to repair our divided na- tice reform efforts. He has also opposed Mr. VEASEY. Mr. Speaker, I thank tion? So far he has been very dis- the reauthorization of the bipartisan the gentlewoman from California (Ms. appointing. And when you look at the Violence Against Women Act and near- MAXINE WATERS). nominations of Senator SESSIONS, ly every immigration reform bill that Mr. Speaker, I yield to the gentleman Betsy DeVos, and TOM PRICE to key po- has come before the Senate. from Mississippi (Mr. THOMPSON), the sitions in his administration, it seems A vote to confirm JEFF SESSIONS as ranking member of the Committee on like he has forgotten, that he has for- Attorney General is a vote against Homeland Security. gotten and ignored our Nation’s dark freedom and equality. So I join with Mr. THOMPSON of Mississippi. Mr. history of oppression, particularly to many of my colleagues today in urging Speaker, I thank Mr. VEASEY for help- the African American community. the Senate to oppose his nomination, ing organize this Special Order on a and I thank my colleague for yielding topic that is of great concern to me b 1930 to me. and many of my constituents. The President-elect’s nominees rep- Mr. VEASEY. Mr. Speaker, I thank The Attorney General, as we know, resent everything that the Congres- Mr. CONYERS very much for his words serves as the United States’ chief law sional Black Caucus has vehemently as the dean of the House. enforcement official. He or she does fought against. As a caucus, we fought Mr. Speaker, I yield to the gentle- not serve certain States, certain class- to ensure that the African American woman from California (Ms. MAXINE es of people, nor is their service limited community is empowered with the WATERS). to a particular party. The Attorney tools it needs to achieve the American Ms. MAXINE WATERS of California. General is there to serve all of us. Dream. Mr. Trump’s Cabinet nomina- Mr. Speaker, I rise today to encourage With that in mind, I stand here on tions are set to push the dream back so opposition to the nomination of JEFF the floor of the House concerned with far out of reach for millions and mil- SESSIONS to the Attorney General’s Of- Senator SESSIONS’ nomination to be- lions of Americans. fice by this President-elect. come the next Attorney General. Based Mr. Speaker, we have a list of Mem- We have been asked and we are con- on his record, there are a number of bers that would like to speak tonight. stantly asked: Are you saying he is a reasons why I believe that Senator I yield to the gentleman from Michi- racist? He defined himself. He defined SESSIONS is unfit to lead the Depart- gan (Mr. CONYERS), the dean of the himself long ago when he was denied a ment of Justice. United States House of Representa- Federal judgeship in 1986 after having First, at his 1986 confirmation hear- tives. been appointed by Ronald Reagan. He ing to serve as a Federal judge for the Mr. CONYERS. Mr. Speaker, I thank was denied because his colleagues said Southern District of Alabama, it was my colleague from Louisiana (Mr. they heard him use the N-word. revealed that Senator SESSIONS had VEASEY) for opening up this part of our Also, it was very well documented called the NAACP and the ACLU un- Special Order for which the Congres- that after two of the members of the American and communist inspired. I sional Black Caucus has come together KKK killed an African American man, am a life member of the NAACP and a to more critically examine the nomina- he said: Oh, I thought the KKK was participating member in the ACLU. tion of Senator JEFF SESSIONS. okay until I learned they smoked mari- Neither one of those organizations are As the ranking member of the House juana. This is the same man that said, un-American or communist inspired. Judiciary Committee, I led a joint again, that the NAACP and the SCLC A Department of Justice attorney statement in November that was were un-American, that they were also testified that Sessions said he be- signed by every Democratic member of communist inspired, and it goes on and lieved that the Southern Christian the Judiciary Committee opposing on and on. And it is not whether or not Leadership Conference, Operation Senator SESSIONS’ nomination for we are calling him or we think of him PUSH, and the NAACP taught anti- United States Attorney General. The as a racist; he defined himself in that American values. Well, if being free, if Attorney General is the chief law en- manner. He was denied the appoint- being able to exercise your right to forcement officer of the United States, ment to the Federal judgeship, includ- vote, being able to not determine one’s charged with the administration of the ing by Republicans who voted against color as a condition for participation, criminal justice system and the en- him. then I am not certain what Mr. SES- forcement of our civil rights. Senator So here we have a man who is going SIONS was talking about; but I do know SESSIONS is clearly unsuitable to lead to be considered for the Attorney Gen- that he has called a Black attorney the Department of Justice. eral’s Office where we have the Civil ‘‘boy,’’ and he also talked about a In 1986 testimony before the Senate Rights Division. Should we be worried White civil rights attorney as a ‘‘race Judiciary Committee, witnesses said about that? You bet your bottom dollar traitor.’’ that Mr. SESSIONS had referred to the we should be worried about that. Not Also, what I am more concerned NAACP, the National Association for only has he defined himself as a racist, about is, in the aftermath of the shoot- the Advancement of Colored People, but this is a throwback. This is a man ing at Emanuel African Methodist the Southern Christian Leadership who is a setback. This is a man who Episcopal Church in Charleston, South Conference, and other civil rights does not agree with his colleagues on Carolina, he opposed taking down the groups, as both un-American and com- criminal justice reform. This is a man Confederate battle flag. Now, if there is munist inspired. One prosecutor in the who loves mandatory minimum sen- one symbol that we all understand that Alabama United States Attorney’s Of- tences. This is a man who does not represents hate, it is the confederate

VerDate Sep 11 2014 06:19 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.033 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H222 CONGRESSIONAL RECORD — HOUSE January 9, 2017 battle flag. I am concerned that Sen- tions on minorities and has been a is committed to unifying the nation than the ator SESSIONS continued to try to de- leader in the effort to undermine the nomination and appointment of a person to be fend that symbol. I can’t imagine protections of the Voting Rights Act, Attorney General who has a record of cham- someone being the Attorney General and he did nothing to reconstruct the pioning and protecting, rather than opposing having that kind of attitude and that Voting Rights Act and restore section 5 and undermining, the precious right to vote; operation. when tens upon tens of Members of the constitutionally guaranteed right of privacy, Mr. Speaker, I join the chorus of Congress worked diligently to try to criminal justice reform, and support for reform other members of the Congressional fix the Shelby case. of the nation’s immigration system so that it is Black Caucus who raise their voice in He criticized Attorney General Eric fair and humane. opposition to what would be a travesty Holder for challenging State election The nomination of Alabama Senator SES- to the Department of Justice if Sen- laws, claiming they are necessary to SIONS as Attorney General does not inspire ator JEFF SESSIONS is confirmed. fight voter fraud. Evidence supports the necessary confidence. Mr. VEASEY. Mr. Speaker, I thank that voter fraud is almost nonexistent, As a U.S. Senator from Alabama, the state the gentleman from Mississippi (Mr. with 31 confirmed cases out of more from which the infamous Supreme Court deci- THOMPSON) for his timely comments. than a billion ballots cast. sion in Shelby County v. Holder originated, Mr. Speaker, I yield to the gentle- Senator SESSIONS fought to continue Senator SESSIONS has failed to play a con- woman from Texas (Ms. JACKSON LEE), practices that harm schools predomi- structive role in repairing the damage to voting my fellow Texan from Houston. nantly attended by African American rights caused by that decision. Ms. JACKSON LEE. Mr. Speaker, let students. He led the fight to uphold the He was one of the leading opponents of the me thank Mr. VEASEY for his leader- State of Alabama’s inequitable school reauthorization of the Violence Against ship. Let also thank the chair of the funding mechanism after it had been Women Act. Congressional Black Caucus, Mr. RICH- deemed unconstitutional by the Ala- He is one of the Senate’s most hostile op- MOND, for his leadership. bama Circuit Court. ponents of comprehensive immigration reform Before I start, let me offer my appre- Finally, in the State of Alabama, and was a principal architect of the draconian ciation to law enforcement officers nearly a quarter of African American and incendiary immigration policy advocated across America—this is Law Enforce- students attend what is called apart- by the President-Elect during the campaign. ment Appreciation Day—and join my heid, or what can be called apartheid And his record in support of efforts to bring colleague, VAL DEMINGS, particularly schools, meaning the school’s White needed reform to the nation’s criminal justice acknowledging the sadness in Orlando population is less than 1 percent. system is virtually non-existent. today in the loss of two law enforce- Now we understand that the Senator In 1986, ten years before Senator SESSIONS ment officers in the line of duty. has taken credit for desegregation ef- was elected to the Senate, he was rejected for I rise today for not a personal state- forts in the State of Alabama. There is a U.S. District Court judgeship in view of doc- ment or a statement that has to do no evidence of his participation in the umented incidents that revealed his lack of with personality. As the President- desegregation of Alabama schools or commitment to civil and voting rights, and to elect said of Mr. SESSIONS, he is a fine any school desegregation lawsuits filed equal justice. and decent fellow. I have no interest in by then-Attorney General SESSIONS. And his Senate voting record and rhetoric determining whether that is true or b 1945 has endeared him to white nationalist websites false. But I do want to hold the Presi- and organizations like Breitbart and I would say to you as I close, we who Stormfront. dent-elect accountable for the words are vulnerable look to the Department that he said on election night that he As a U.S. attorney, Senator SESSIONS was of Justice as the solid rock of justice the first federal prosecutor in the country to pledged to the Nation that he would be for the Nation. Whether we are immi- a President for all Americans. That bring charges against civil rights activists for grant, whether we are a woman who is voter fraud. pledge, I believe, will ring hollow for trying to fight against violence, wheth- tens upon tens of millions of Ameri- Senator SESSIONS charged the group with er we need civil rights, whether we are 29 counts of voter fraud, facing over 100 cans with the nomination of the Sec- LGBT, whether we are those who are retary of Education, who is against years in prison. seeking religious freedom or freedom of Senator SESSIONS has repeatedly denied public schools, the nomination of the expression, the Department of Justice the disproportionate impact of voting restric- Secretary of Health and Human Serv- is a solid rock of justice for this Na- tions on minorities and has been a leader in ices, who has no plan for health care, tion. the effort to undermine the protections of the and, finally, the nomination for Attor- With that in mind, I believe that this Voting Rights Act. ney General. nominee, who now stands with the cri- Senator SESSIONS has spoken out against Rather than select someone who is teria evidenced by the record, stands the Voting Rights Act, calling it ‘‘a piece of in- championing and protecting, rather not prepared, not fit to hold this posi- trusive legislation.’’ than opposing and undermining the tion of the Attorney General of the Senator SESSIONS criticized Attorney Gen- precious right to vote, the constitu- United States—a sacred position of law eral Eric Holder for challenging state election tionally guaranteed right of privacy, and justice. laws, claiming they are necessary to fight criminal justice reform, and the sup- Mr. Speaker, as a senior member of the voter fraud. port for reform of the Nation’s immi- House Committees on the Judiciary and However, evidence supports that voter fraud gration system, it is quite the contrary Homeland Security Committee; Ranking Mem- is almost nonexistent, with 31 confirmed cases in the nomination of Senator SES- ber of the Judiciary Subcommittee on Crime, out of more than 1 billion ballots cast. SIONS—a person who opposed Shelby Terrorism, Homeland Security, and Investiga- As Attorney General of the state of Ala- County v. Holder in terms of the basis tions, and the Congressional Voting Rights bama, Senator SESSIONS fought to continue of trying to constructively support vot- Caucus, I rise today to express my views re- practices that harmed schools predominantly ing rights, an individual who is hostile garding the President-Elect’s nomination of attended by African-American students. to comprehensive immigration reform, U.S. Senator JEFFERSON BEAUREGARD ‘‘JEFF’’ Senator SESSIONS led the fight to uphold the and certainly someone who has con- SESSIONS III of Alabama to be the next Attor- state of Alabama’s inequitable school funding stantly not sought to fix, but has ney General of the United States. mechanism after it had been deemed uncon- sought to undermine. On Election Night the President-Elect stitutional by the Alabama circuit court. So, for example, as a U.S. attorney, pledged to the nation that he would be a In the state of Alabama nearly a quarter of he was the first prosecutor in the coun- president to all Americans. African-American students attend apartheid try to bring charges against civil That pledge will ring hollow to tens of mil- schools, meaning the school’s white popu- rights activists of voter fraud. But, Mr. lions of Americans in light of his announced lation is less than one percent. Speaker, listen to this: he didn’t just intention to nominate one of the U.S. Senate’s Although Senator SESSIONS has publically bring charges; he had 29 counts of voter most far-right members, Senator JEFF SES- taken credit for desegregation efforts in the fraud that resulted in civil rights ac- SIONS (R–AL) to be the next Attorney General state of Alabama, there is no evidence of his tivists facing 100 years in prison. of the United States. participation in the desegregation of Alabama He has repeatedly denied the dis- Perhaps nothing would do more to reassure schools or any school desegregation lawsuits proportionate impact of voting restric- the American people that the President-Elect filed by then Attorney General SESSIONS.

VerDate Sep 11 2014 06:19 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JA7.035 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H223 I call upon the Senate Judiciary Committee oted Trump administration, frankly, I overtime, are people entitled to work to subject the nomination to the most com- am not surprised; but I am appalled overtime after 40 hours? prehensive, searching, and withering examina- that the President-elect would choose The regulation is in place. Will he en- tion. such an extreme and divisive figure to force that new regulation? Or will he The United States has been blessed to serve as Attorney General. Clearly, try to overturn the regulation that rec- have been served as Attorney General by someone who has publicly displayed ognizes and honors the 40-hour work- such illustrious figures as Robert Jackson, prejudice and intolerance is not quali- week, whereby those who work more Robert Kennedy, Herbert Brownell, Ramsey fied to serve as our chief law enforce- than 40 hours will get time and a half? Clark, Nicholas Katzenbach, Eric Holder, and ment officer for our civil rights laws. If you look at CKE’s retirement plan, Edward H. Levi. By that standard alone, one thing is it leaves a lot to be desired in terms of The duty of the U.S. Attorney General is to clear: Senator SESSIONS is wholly unfit fees. lead the Department of Justice in protecting to serve as Attorney General. Senator What will his position be? and expanding the civil rights of all Americans SESSIONS has forcefully degraded the When you look at the fiduciary rule— and the pursuit of equal justice for all, not to LGBT community, has voted against which requires financial advisers, when turn back the clock on hard won rights and lib- the Violence Against Women Act, and they are looking at somebody’s retire- erties. has undermined the cornerstone of the ment fund, to have the worker’s best No senator should vote to confirm the nomi- civil rights movement and the Voting interest in the forefront, not their per- nation of JEFF SESSIONS as U.S. Attorney Rights Act. His nomination really is a sonal profits and what they can rip off General if there is the slightest doubt that he chilling indication of how a Trump ad- from someone but to look at the work- possesses the character, qualities, integrity, ministration intends to govern. This er’s views as paramount—will he and commitment to justice and equality need- country has made tremendous progress change that so that we can go back to ed to lead a department, the headquarters in the fight to protect, preserve, and the days in which people could take ad- building of which is named for Robert F. Ken- expand civil rights for all Americans. vantage of unsophisticated workers nedy, one of the nation’s greatest and most in- We will not allow a Trump administra- and sell them products that are not in defatigable champions of civil rights and equal tion to drag us back into the past. their best interests? justice for all. As the conscience of the Congress, What are his positions going to be on Mr. VEASEY. I thank very much Ms. the Congressional Black Caucus is a enforcing Federal regulations? SHEILA JACKSON LEE of Texas. voice for the marginalized. Our mes- CKE Restaurants has been found in Mr. Speaker, I now yield to the gen- sage to the Trump administration and violation of many wage regulations. tlewoman from California, Ms. BAR- to President-elect Donald Trump is Will he vigorously enforce those? BARA LEE. simple: A vote to confirm Senator JEFF Those are the kinds of things that we Ms. LEE. Let me thank Representa- SESSIONS is a vote against justice. We need to look at when we look at the tive VEASEY for hosting this important will fight to protect any rollback on Secretary of Labor. discussion on President-elect Trump’s civil or human rights. We will not be The Secretary of Education, Betsy disturbing nomination and for the gen- silent. DeVos, is best known for her support of tleman’s commitment to defend civil I call on all of my colleagues to op- vouchers. Vouchers in Michigan have and human rights for all Americans. pose Senator SESSIONS’ nomination as shown that they fund schools that are Now, more than ever, the voices of the the United States Attorney General be- actually worse than the average, so CBC’s are so important in this fight. cause his history disqualifies him for they have not done any good. I would also like to recognize our this important position. Will she support public education? Or Mr. VEASEY. I thank very much new chair, CEDRIC RICHMOND, as he will she support the privatization of Representative LEE. I really appreciate takes the helm of the CBC during these education? the gentlewoman’s remarks. very challenging times; but I know Mr. Speaker, I now yield to someone Finally, Health and Human Services: that, under his leadership, our caucus who, over the last 20 years, has been in Will we privatize Medicare? Will we re- will continue to fight in a very strong nearly every battle in the United peal without replacing the Affordable and aggressive way for equality and States Congress when it comes to the Care Act? justice. issue of civil rights. He is Representa- A lot has been said about repeal and The President-elect, Mr. Speaker, ran tive BOBBY SCOTT of Virginia. then replace later. Let me tell you, one of the most divisive and racially Mr. SCOTT of Virginia. Mr. Speaker, until you have seen a plan, you can tinged campaigns we have witnessed in I thank the gentleman for organizing just count on the repeal; there will modern history. Since winning the this Special Order. probably never be a replace. Presidency, President-elect Donald I will be brief. There are a lot of peo- What will happen to everybody if Trump has nominated individuals to ple who want to speak. I will just speak there is no plan? serve in his Cabinet, proving that he to the jurisdiction of the Education Twenty million people—maybe 30 will govern just as he campaigned. and the Workforce Committee, on million—will lose their insurance, and There is no greater example of this dis- which I have the honor of serving as the insurance market for everybody turbing reality than in Senator JEFF the ranking member. else will be in chaos. We need to make SESSIONS’ nomination to serve as our Mr. Speaker, as we consider appoint- sure that we look at this and get these country’s Attorney General. The Jus- ments to the Departments of Labor, decisions straight before we confirm tice Department is our best tool in pro- Education, and Health and Human anybody. tecting civil and human rights and vot- Services, we shouldn’t just look at peo- All of the nominees and others ing rights. By appointing Senator SES- ple’s personalities, but at what the pol- should be reviewed not on their person- SIONS to lead this department, Presi- icy implications are of their appoint- alities, but on the policy decisions they dent-elect Donald Trump is making it ments. The Senate must reject those will be making. The next generation of clear that he will abandon these funda- nominees who will fail to stand up to Americans will base their education, mental values. the goals and aspirations of America’s their jobs, and their health care on the Senator SESSIONS has a long history children and workers. decisions these nominees will make. of opposing civil rights and equality. The first nominee I will speak to is The Senate should reject any of the He has called the Voting Rights Act a that of Secretary of Labor, Mr. Puzder, nominees that will take us in the piece of intrusive legislation. He said who was the CEO of CKE Restaurants. wrong direction. that the Supreme Court’s disastrous He has spoken out many times in oppo- Mr. VEASEY. I thank Mr. SCOTT of decision to gut voting rights was good sition to an increase in the minimum Virginia very much. news for the South. In the 1980s, he was wage. Many States have recognized Mr. Speaker, I inquire as to how rejected from serving as a Federal that the minimum wage is so low that much time I have left. judge due to his blatantly racist com- people who work full time fail to make The SPEAKER pro tempore. The gen- ments. a wage that exceeds the poverty level. tleman has 32 minutes remaining. Any one of these statements should What is his position going to be on Mr. VEASEY. Mr. Speaker, I next be disqualifying. In the proposed, big- increasing the minimum wage? With yield to the lone voice in the State of

VerDate Sep 11 2014 06:02 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.013 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H224 CONGRESSIONAL RECORD — HOUSE January 9, 2017 Wisconsin, someone who is always tioning some of the issues with voter most vulnerable populations—people of speaking out on these issues not just ID in Wisconsin, which may have tilted color, women, disabled individuals, and for her district, but for the many peo- the election results in that State. immigrant families—we cannot expect ple around her State who want that Mr. Speaker, I now yield to my good Senator SESSIONS to pursue justice on voice from the CBC: Ms. GWEN MOORE friend from Brooklyn in the Empire their behalf. of Wisconsin. State, Representative YVETTE CLARKE. I absolutely and unequivocally op- Ms. MOORE. I thank Mr. VEASEY so Ms. CLARKE of New York. I thank pose the nomination of Senator SES- much, and I thank our new chair of the Mr. VEASEY for his leadership this SIONS. He has demonstrated his disdain Congressional Black Caucus for his tre- evening. I thank our chairman, CEDRIC for the most basic of human principles: mendous effort in putting this very im- RICHMOND, for his vision and his timeli- equality, justice, and fairness. These portant Special Order hour together. ness in bringing this to the floor today. principles represent the promise of our Mr. Speaker, I rise this evening be- Mr. Speaker, I rise on behalf of the Constitution. The Senate considering cause I am extremely concerned about people of the Ninth Congressional Dis- and confirming Mr. SESSIONS would the nomination of Senator JEFF SES- trict of New York in opposition to Don- break that very promise. SIONS. ald Trump’s nominee for the position Mr. Speaker, I stand with the CBC Certainly, President-elect Trump has of Attorney General of the United today asking the Senate of the United a right to nominate people and have States, Senator JEFF SESSIONS of Ala- States to uphold the virtues of the them be presented before our Senate, bama. I stand with my colleagues in Constitution and reject this divisive and, certainly, you don’t expect a Re- the Congressional Black Caucus as we nomination. publican to necessarily agree with all raise our voices on behalf of the mil- Mr. VEASEY. Mr. Speaker, I would of your positions; but I am concerned lions of Americans who depend on this also like to remind Members that we about Senator SESSIONS because I caucus to speak as the conscience of have 3 minutes per Member left of think he has aligned himself with ex- the Congress—speaking truth to power. speaking time. I wanted to just remind treme ideological views that won’t best Mr. Speaker, I struggle to understand Members of that so everyone will have serve all of the people of the United how Senator SESSIONS can even be con- an opportunity to speak on this very States. sidered to lead the Department of Jus- important matter. During the last 7 years, the Depart- tice when time and time again Mr. Speaker, I yield to the gentleman ment of Justice has investigated at throughout his political career he has from Georgia (Mr. JOHNSON). least 23 law enforcement agencies in re- actively opposed the mission and pur- Mr. JOHNSON of Georgia. Mr. Speak- sponse to rampant civil rights abuses. I pose for which the Department of Jus- er, I congratulate Representative fear that, under an Attorney General tice was created. For the better part of CEDRIC RICHMOND as he takes the helm JEFF SESSIONS, those consent decrees my life—at least a half a century—the of the CBC and manages this exercise and that very important work in re- Department of Justice has assumed a tonight; and also Representative MARC solving the conflicts between, particu- position of leadership in the fight for VEASEY, who will be the point man for larly, African American communities the civil rights of African Americans doing these Special Orders. and police officers will be lost. who seek the uninhibited right to vote, We are called upon tonight at a crit- I am extremely concerned, as are at for young women who seek protection ical time in the Nation’s history. We least 70 civil rights organizations and against sexual assault on college cam- have a new President coming in who is organizations that serve women, with puses, for disabled individuals who polarizing, divisive, inexperienced, and an Attorney General JEFF SESSIONS. fight for equitable access to basic serv- immature. He is making some selec- They are concerned about not just the ices, and for immigrants who aspire to tions for his appointments, and the anti-abortion views that Senator SES- pursue their visions of the American Senate has the opportunity to weigh in SIONS has displayed, but about the zeal- Dream. on those appointments. ous anti-choice positions that he has The nomination of Senator SESSIONS So what is happening is that there taken—his association and alignment, does not support the legacy of progress are incomplete and missing answers to again, with extreme anti-abortion or- that has been made under the auspices the Senate questionnaires that ap- ganizations. They believe that he is not of the modern-day Department of Jus- pointees like Senator JEFF SESSIONS, capable of fair and impartial action as tice. As a young prosecutor, he di- who I rise in opposition to, have com- Attorney General. rected racial slurs at his African Amer- pleted and sent in. This puts the Office What is so chilling, as an example, is ican colleagues. Senator SESSIONS of Government Ethics that vets these when Senator SESSIONS was asked spoke highly of the Ku Klux Klan. He candidates at a severe disadvantage of about President-elect Trump’s Access actively targeted and persecuted activ- not having the information that they Hollywood scandal in that he said he ists like Mr. Albert Turner—one of Dr. need in order to vet these appointees, didn’t characterize the grabbing of a Martin Luther King’s advisers—for like Senator JEFF SESSIONS. They don’t woman’s genitals as necessarily a sex- simply trying to register disenfran- have the information that they need. ual assault. Very, very chilling and dis- chised voters. So we also have a compressed sched- turbing. ule of nominees to be considered over In being from Wisconsin, where we b 2000 the next few days. This, combined with have fought egregious and unfair voter When he became Attorney General of the incomplete answers, puts us in a ID laws that were designed to dis- Alabama, Senator SESSIONS, a product position of not having enough informa- enfranchise, particularly, African of segregated education, worked tire- tion to conduct full, fair, thorough, and Americans, Mr. SESSIONS has indicated lessly to prevent predominantly Afri- sifting analysis and vetting for the that the gutting of the Voting Rights can American public schools from ac- American people. These are the people Act has actually had no impact and cessing an equal share of resources who are going to serve them into the that no one has been denied the right that had been long denied to Black stu- future. to vote. He seems to be tone deaf to the dents. So I am very concerned, especially cries of African Americans across this As a Member of the Senate, Senator about a guy like Senator SESSIONS who country to protect their voting rights. SESSIONS has been an outspoken oppo- has a history of being opposed to civil I encourage the Senate to look very nent of criminal justice reforms that rights for certain Americans. Now, carefully at this nominee, because, in many of his Republican colleagues sup- there are those who would say that this fact, the United States Attorney Gen- port. He is a leader in the effort to de- took place 30 years ago, all of the eral’s only charge is to protect the fine undocumented Americans as ‘‘the things that he said and did prior to be- civil rights of all of the citizens. I don’t other’’ and forcibly separating families coming a Senator 20 years ago. Some know that he will be willing or able to in the United States. will say that all of these things that do that. The women and men who lead the De- have been cited about Senator SES- Mr. VEASEY. I thank Representative partment of Justice are called upon to SIONS are 30 years old. MOORE. I appreciate the gentlewoman’s pursue justice; but with such a docu- We have to look at what has occurred comments and I thank her for men- mented history of hostility toward the in the life of Senator SESSIONS to make

VerDate Sep 11 2014 05:04 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.038 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H225 us think that he has changed. It takes Every indication is that Senator SES- Mr. VEASEY. Mr. Speaker, I yield to a courageous person like George Wal- SIONS is too extreme and unwilling to the gentleman from New York, the Em- lace to come forward and say: I was protect the safety and the rights of pire State, (Mr. JEFFRIES). wrong for being a racist. It takes a every American. If confirmed as U.S. Mr. JEFFRIES. Mr. Speaker, I thank strong person like Lee Atwater to say: Attorney General, Senator SESSIONS my distinguished colleague and class- I was wrong. will pose a grave threat to our justice mate, Representative MARC VEASEY, Senator SESSIONS has not said he was system and to the communities that for his leadership today; and the chair- wrong. There is nothing that Senator system is meant to protect. His man of the Congressional Black Cau- SESSIONS has written that says: I ideologies are in direct contrast with cus, Representative CEDRIC RICHMOND, apologize for what I did back then. the Justice Department’s mission. for convening us and for the leadership There is nothing that he said. Cer- Mr. VEASEY. Mr. Speaker, I yield to that he has already shown. tainly his legislative record, which is the gentlewoman from Ohio (Mrs. We have a President-elect who, for 5 only nine bills over the last 20 years— BEATTY), my classmate from the Buck- years, perpetrated the racist lie that three of which were ceremonial in na- eye State, representing the Columbus, Barack Obama was not born in the ture—there is nothing in that legisla- Ohio, area. United States of America, and who ran tion that would lead us to conclude Mrs. BEATTY. Mr. Speaker, I thank one of the most divisive campaigns in that he has changed. So he is going to my colleague and chair of this Special the Nation’s history and then promised be bad for the Attorney General’s of- Order hour (Mr. VEASEY) and the chair that he was going to bring all of us to- fice. of the Congressional Black Caucus (Mr. gether. I conclude by asking my Senate col- RICHMOND). It is indeed an honor, Mr. Then you have got his colleagues on leagues to think carefully about what Speaker, for me to stand here with the other side of the aisle who have you are about to do and say ‘‘no’’ to these colleagues tonight. said: Well, Democrats, people in the Senator JEFF SESSIONS. We come tonight with a strong mes- civil rights community, African Ameri- Mr. VEASEY. Mr. Speaker, I now sage. We are here to speak out against cans, we should give the new President yield to the gentleman from New York President-elect Trump’s Cabinet nomi- a chance. (Mr. PAYNE), my classmate and a voice nations who, based on their records, This is the same group of people who from the New York area. are, in my opinion, too divisive, too ex- declared war on Barack Obama on day Mr. PAYNE. Mr. Speaker, I thank treme, too out of touch, and unable to the gentleman from Fort Worth (Mr. one of his Presidency and governed protect the interests and the safety of themselves under the following ap- VEASEY). I was looking forward to a po- all Americans—individuals like JEFF tential clash with his team next week, proach: Obstruction today, obstruction SESSIONS and Betsy DeVos. but I guess you have to get out of tomorrow, obstruction forever. Trust me, Mr. Speaker, these nomi- Green Bay before you can go to Dallas. That should sound familiar to folks Mr. Speaker, the job of the U.S. At- nees need to be vetted. The American from Alabama and the Deep South. torney General is to protect the rights people deserve to know who will be in Now they want us to give them a and freedoms of every single American. charge of these critically important chance. You can’t lecture us on Presi- Federal agencies. Senator SESSIONS’ record and public dential etiquette. You have no credi- statements suggest that, if confirmed, We are extremely concerned with bility in that area. We will decide how he will not uphold our Constitution’s Senator JEFF SESSIONS’ nomination to we want to engage. As it relates to values of fairness, justice, and equality be the U.S. Attorney General. SES- your pick to head the Department of for all. Since the election, President- SIONS, as you have heard tonight and Justice, it is totally unacceptable, un- elect Trump’s victory has been marred you will continue to hear, has continu- reasonable, unjust, and unconscion- by allegations of voter intimidation ously obstructed the progress we have able, not because of anything that he and suppression in key States. made with the enactment of the his- may have said 30 years ago, as offen- It is clear that we need to restore the toric civil rights legislation of the sive as that may be, but because of the full protections of the Voting Rights 1960s. positions that Senator JEFF SESSIONS Act. Yet, Senator SESSIONS has called He has consistently, Mr. Speaker, has taken today. the Voting Rights Act an intrusive fought to block legislative efforts to Today, in 2017, based on his recent piece of legislation. When he was the ensure racial equality, including his track record, he supports the Confed- United States Attorney in west Ala- staunch opposition to full enforcement erate battle flag, not 30 years ago, but bama, Senator SESSIONS used the power of the Voting Rights Act—the very bill, today. Today he supports voter sup- of his office to intimidate and dissuade Mr. Speaker, if confirmed, he would be pression efforts that are advanced by African American voters. in charge of enforcing and protecting. his unwillingness to repair section 4 Americans recognize the need for Mr. Speaker, I join my colleagues. and section 5 of the Voting Rights Act. Congress to find a bipartisan solution We cannot allow that to happen. That is not 30 years ago. I don’t care to immigration reform. Yet, Senator Next up in Trump’s Cabinet of cro- that you showed up in Selma, Ala- SESSIONS has been one of the loudest nies is his nominee for Education Sec- bama, for a photo op. Your position on opponents of comprehensive immigra- retary, Betsy DeVos, who has pushed to the Voting Rights Act is unacceptable tion reform. He has even fought expand taxpayer-funded vouchers for today. against legal immigration, arguing, in- private and religious schools and has b 2015 stead, for immigration moderation. absolutely zero experience as an educa- Americans also recognize the dire tor or an educational leader. She has, Today you support mass incarcer- need for criminal justice reform. Yet, however, Mr. Speaker, spent millions ation, the failed drug war, and the pris- Senator SESSIONS has opposed bipar- of dollars lobbying for school choice on industrial complex. And because of tisan legislation to modernize prison proposals which harm disadvantaged your position today, reasonable Ameri- sentencing for low-level drug offenders. and at-risk communities. cans should oppose your ascension to On every measure, Senator SESSIONS Now, I am from the great State of the Department of Justice. has shown that he will be detrimental Ohio, and to have someone owe our Mr. VEASEY. I thank the gentleman. to African Americans and other minor- Ohio Elections Commission $5.3 mil- Mr. Speaker, I now yield to the gen- ity communities as our Nation’s next lion, we cannot allow that to happen. tlewoman from North Carolina (Ms. Attorney General. We have to be the voice for the people. ADAMS). The next Attorney General must Especially those people who are voice- Ms. ADAMS. Mr. Speaker, I thank all build on the progress of the last few less. of my colleagues from the Congres- years under Attorney General Lynch Mr. Speaker, let me end by saying sional Black Caucus for coming out and Attorney General Holder. He or she that as a member of the Congressional and speaking out. must safeguard civil rights, prosecute Black Caucus, I stand here tonight I rise today to express concern and hate crimes, protect the right of due wanting the public to know that we are strong opposition to President-elect process, and uphold the Constitution concerned and we are exercising our Trump Cabinet nominations for Attor- and our basic values and freedoms. right and our voice. ney General, Secretary of Education,

VerDate Sep 11 2014 05:04 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.039 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H226 CONGRESSIONAL RECORD — HOUSE January 9, 2017 and Secretary of Health and Human who seek to further divide our Nation. Following being denied a Federal Services. President-elect Trump chose We face the greatest chaos not by the judgeship, Senator SESSIONS cospon- not to practice what he preached, and acts of outsiders or foreign intruders, sored legislation to honor Rosa Parks he didn’t drain the swamp. Instead, he but by the division and war with each with a Congressional Gold Medal while nominated politically divisive individ- other. The nomination of JEFF SES- also voting against legislation in 2009 uals to serve in his administration. SIONS as our Attorney General threat- to extend Federal hate crime protec- Throughout a public service career ens our strength as Americans. Over tions against people targeted because spanning more than 30 years, Senator three decades of a career in public serv- of their sexual orientation. Further, he SESSIONS used the power of the courts ice, JEFF SESSIONS’ words and actions has been the ringleader to immigration to discriminate against civil rights lead to one question: Who is included reform. leaders. He allegedly used racially and excluded from the public he choos- How can we in good faith rec- charged language to disparage minori- es to serve? ommend, nominate, or confirm a per- ties, expressed support for the KKK, JEFF SESSIONS has referred to the son to a post that is solely responsible and then tried to dismiss it as a joke. Voting Rights Act as a ‘‘piece of intru- for protecting the civil rights of all He celebrated the gutting of the Voting sive legislation.’’ The first Federal Americans, including those who are Rights Act and opposed same-sex mar- prosecutor in the country to bring vulnerable, disadvantaged, and dis- riage. He denied the constitutionality charges against civil rights activists criminated against? of Roe v. Wade and voted against great- for voter fraud since the passage of the This administration is continuing to er access to health care for veterans. VRA in 1965, SESSIONS has called the ask us to put aside our intellect and to He blocked the Paycheck Fairness Act Shelby v. Holder case, which elimi- trust their intentions. I refuse. This and voted against the reauthorization nated the preclearance formula, ‘‘good administration would like us to sup- of the Violence Against Women Act. He news . . . for the South.’’ port a man who, throughout his career, does not respect the rights of minori- SESSIONS has referred to the NAACP has determined the rights of those who ties or women, and he has proven him- and ACLU civil rights groups saying look like me, like constituents I serve, self to be unfit to serve as United they have done more harm than good as inferior. I refuse, and I ask the Sen- States Attorney General. by trying to force civil rights down the ators to please consider this as they Education is the great equalizer. One throats of the good people of the listen to whether or not this gentleman of the most important investments United States. He has referred to these deserves to be confirmed. families make is in their children. The organizations as un-American and com- Mr. Speaker, as I’ve said before, I would Secretary of Education must be communist inspired. have liked to have spent the transition period mitted to providing a free, world-class African Americans and other people working with the President-Elect, Trump, on education to all students regardless of of color are disproportionately affected ways to solve our Nation’s issues. race, gender, ability, status, financial by acts of voter suppression and the I would have liked to have been reassured means, or geography. criminal justice system. Those, among that despite disparaging and divisive campaign Unfortunately, Betsy DeVos has con- others, are the key areas in which SES- rhetoric—President-Elect Trump’s actions sistently fought for private school SIONS has shown deliberate disregard would work to unite us all. vouchers that divert funds from public for the justice and equality of all Yet, instead we’re here battling against the schools, our communities, and our chil- Americans. nominee for the 84th attorney general of the dren who need these investments the This is a pivotal moment in our Na- United States who was already rejected as a most. She has even used her personal tion’s history, and we simply cannot federal judge. wealth to lobby against important treat the American people like a social His disqualification was rooted in allegations transparency and accountability meas- experiment. History will reflect on this that he called a black attorney ‘‘boy’’ and his ures that would have provided nec- moment in time, and our action and in- suggestions that a white lawyer working for essary safeguards for Michigan stu- action will be accounted for. black clients was a race traitor. dents. Mr. VEASEY. I thank the gentle- Not only that but Senator SESSIONS found DeVos’ track record of undermining woman. humor in his only issue with the Ku Klux Klan public education and her lack of com- Mr. Speaker, I now yield to the gen- was their drug use, and accused civil rights mitment to defending the civil rights tlewoman from New Jersey (Mrs. WAT- groups as being ‘‘un-American’’ organizations of students causes me great pause in SON COLEMAN). trying to ‘‘force civil rights down the throats of her quest to become Secretary of Edu- Mrs. WATSON COLEMAN. Mr. people who were trying to put problems be- cation. I can’t support it. Betsy DeVos, Speaker, I thank my colleagues who hind them.’’ absolutely no. have spoken this evening. So what could possibly make him fit to Finally, Chairman PRICE. He has As I have said, I would have liked to serve as our Nation’s top law enforcement offi- made it clear that his budget priorities have spent this transition period work- cer at the Department of Justice? are highly partisan. We can expect that ing with the President-elect on ways to The definition of justice is the quality of if he is confirmed, he will strip 20 mil- solve our Nation’s issues. I would have being just, impartial, or fair. lion people of affordable health care, liked to have been reassured that, de- Synonyms for justice include equity, objec- women would be denied their right to spite disparaging and divisive rhetoric, tivity and neutrality. contraception and reproductive health his actions would have worked to unite Senator SESSIONS has built a reputation care, and devastating cuts would be us all. Instead, we are battling against and, most importantly, a voting record that levied against Medicaid funding. We a nominee who has already been does not align with that definition. can’t go back to a time when being a deemed unfit for a Federal judgeship. I do not wish to re-litigate the past as I woman is a preexisting condition for So what can possibly make him fit to would not want to be judged on my actions insurance coverage. Chairman PRICE’s serve as our Nation’s top law enforce- and thoughts of 30 years ago. However, Sen- nomination offers just that. ment officer? ator SESSIONS’ growth and commitment to These folks will not unite the Amer- The definition of justice is the qual- inclusivity—even 30 years later—remains to ican people, and they cannot be trusted ity of being just, impartial, or fair. be seen. to advocate for our most vulnerable Synonyms include equity, objectivity, Following being denied a federal judgeship, populations, so I urge my Senate col- and neutrality. Senator SESSIONS has in the early 90s, Senator SESSIONS co-spon- leagues to oppose the confirmations of built a reputation and a voting record sored legislation to honor Rosa Parks with the Senator JEFF SESSIONS, Betsy DeVos, that does not align with justice. I do Congressional Gold Medal, while also voting and Chairman TOM PRICE. not wish to relitigate the past, and against 2009 legislation that extended federal Mr. VEASEY. I thank the gentle- while it cannot be ignored, we don’t hate crime protections to people targeted be- woman. have to look too far back to identify cause of their sexual orientation or gender Mr. Speaker, I now yield to the gen- Senator SESSIONS’ priorities. In 2006, he identity. tlewoman from Michigan (Mrs. LAW- voted to renew the Voting Rights Act. While in 2006 he voted to renew the Voting RENCE). In 2013, he supported the Supreme Rights Act, just years later in 2013 he sup- Mrs. LAWRENCE. Mr. Speaker, I rise Court decision to strike key provisions ported the Supreme Court’s decision to strike today to take a stand against those of that law. key provisions of the law.

VerDate Sep 11 2014 05:04 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JA7.041 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H227 Furthermore, he has been the ringleader of One source of concern is the process by standing Committee of the House of Rep- opposition for immigration reform. which Republicans in Congress are choosing resentatives: How can we in good faith recommend, to conduct these nominations. The recent Re- (1) Committee on Armed Services—Mr. nominate, or confirm this person to the post publican effort to rush the nominees through Smith of Washington. The resolution was agreed to. that is solely responsible for protecting the civil the process does not invite confidence in our A motion to reconsider was laid on liberties of all Americans—including those who ability to properly consider each individual on the table. are vulnerable, disadvantaged, and discrimi- their merits. Walter Shaub, Jr., Director of the nated against. Office of Government Ethics, raised his con- f This administration is continually asking us cerns of this very fact given that his office is APPOINTMENT OF MEMBERS TO to put aside our intellect and to trust their in- charged with conducting ethics screening re- PERMANENT SELECT COM- tention. I refuse. views of the nominees. The aggressive hear- MITTEE ON INTELLIGENCE This administration would like us to support ing schedule to consider these nominees is a man who throughout his career has deter- unprecedented and has placed an undue bur- The SPEAKER pro tempore. The mined the rights of those who look like me den on the Office of Government Ethics (OCE) Chair announces the Speaker’s ap- and the constituents I serve are inferior. I and its ability to conduct thorough ethics re- pointment, pursuant to clause 11 of refuse. views. These ethics reviews are essential to rule X, clause 11 of rule I, and the order This administration would like us to sit idly the process and help us to identify potential of the House of January 3, 2017, of the by as Donald Trump tries to overwhelm us conflicts of interest or other ethical consider- following Members of the House to the into tacit submission to his dangerous agenda. ations before we confirm these individuals to Permanent Select Committee on Intel- I refuse. serve in public office. Director Shaub has stat- ligence: A Trump-Sessions Department of Justice ed that it is unprecedented for the Senate to Mr. HIMES, Connecticut would be not only an attack on our civil rights conduct a confirmation hearing before the eth- Ms. SEWELL, Alabama and equality; it would be an insult to the intel- ics review process has concluded. This is sim- Mr. CARSON, Indiana ligence of the American people. ply unacceptable and undermines the demo- Ms. SPEIER, California Mr. VEASEY. I thank the gentle- cratic process. Mr. QUIGLEY, Illinois woman. The nominees themselves are also cause Mr. SWALWELL, California Mr. Speaker, I now yield to the gen- for concern. Namely, I believe that the nomi- Mr. CASTRO, Texas tleman from Virginia (Mr. MCEACHIN). nation of Senator JEFF SESSIONS for Attorney Mr. HECK, Washington Mr. MCEACHIN. I thank the gen- General of the U.S. Department of Justice f tleman from Louisiana for organizing threatens the best interests and safety of the HOPE IN AMERICA this hour today. American people. Senator SESSIONS has Mr. Speaker, I stand here today be- served in the United States Senate for twenty The SPEAKER pro tempore. Under cause I believe that confirming JEFF years, during which his record on civil rights the Speaker’s announced policy of Jan- SESSIONS as Attorney General for the and other national issues was questionable at uary 3, 2017, the gentleman from Texas United States would jeopardize the best. For example, he voted several times (Mr. GOHMERT) is recognized for 60 min- progress we have made for equal rights against the reauthorization of the Violence utes as the designee of the majority and against discrimination. Against Women Act, which aimed to hold of- leader. Mr. Speaker, it is an affront to com- fenders of violence against women account- Mr. GOHMERT. Mr. Speaker, it is an mon sense to confirm someone who has able for their actions. He has also taken a honor to be here tonight at the begin- criticized the Voting Rights Act of 1965 very clear position against rights for the LGBT ning of this new year. It has been great and believes that this landmark law, community, which would deny these Ameri- being in east Texas this weekend, last which provides all Americans with the cans basic human rights. His positions on weekend, hearing all of the hope that right to cast a ballot for candidates in criminal justice and government reforms are has arisen as we have entered this new our democratic process, is intrusive. It also disturbing. year, 2017. I think it is going to be a is an affront to common sense, Mr. Mr. Speaker, I have serious concerns about good year. Speaker, to confirm a nominee who the means by which my Republican col- I am told that just on the basis of a views an old advertisement calling for leagues are approaching the nomination proc- new President coming in who is prom- the death penalty of people who are ess this Congress. If we are to properly evalu- ising to throttle back, remove so much later exonerated as a mark of conserv- ate the qualifications and the ethical suitability of the heavy, iron boot off of the throat atism. of these nominees, we must conduct an ex- of the economy that firms are starting Mr. Speaker, it is an affront to com- haustive examination of each nominee based to hire again. Businesses are making mon sense to confirm someone who was on their merits—not on their politics. The Re- plans to expand and grow. And then we previously rejected as a choice for a publicans are failing to uphold these basic are seeing reports of plants that are de- Federal judgeship to lead a Department principles through their recent actions. In the ciding to stay in the United States in- that, in part, vets future Federal name of protecting the American people and stead of going elsewhere. There is a lot judges. It is an affront to common doing what is best for our country, I urge my of optimism out there. sense, Mr. Speaker, to confirm some- Republican colleagues to return to normal There are young people that are ask- one who does not believe in justice for order and delay these nomination hearings ing what was it like back when you until OCE can conclude its ethics reviews of all to lead the Department of Justice. came out of college and had multiple the nominees. job opportunities for most of the people Mr. Speaker, it is clear that this The SPEAKER pro tempore (Mr. nominee would not act in the best incoming out of college instead of oppor- COMER). Members are reminded to re- tunities to live with your parents or terest of all Americans, regardless of frain from engaging in personalities color, gender, country of origin, sexual against Members of the Senate and the your grandparents or a parent or the orientation, or economic status. Mr. President-elect. other parent. They actually had mul- Speaker, it is my fervent hope that the tiple job opportunities, and that opti- Senate of the United States will deny f mism has arisen. the confirmation of this nominee. ELECTING MEMBERS TO CERTAIN As we entered this year, also, it is Mr. VEASEY. Mr. Speaker, I yield STANDING COMMITTEES OF THE very sad to see a form of racism and back the balance of my time. HOUSE OF REPRESENTATIVES negativity that arises. I have said be- Ms. EDDIE BERNICE JOHNSON of Texas. Mr. CROWLEY. Mr. Speaker, by di- fore publicly, and I think it is still Mr. Speaker, President-elect Donald Trump’s rection of the Democratic Caucus, I true, we need go back no further than cabinet nominations are nothing short of offer a privileged resolution and ask the confirmation hearing for Clarence alarming. With the United States Senate ex- for its immediate consideration. Thomas to the Supreme Court. But the pected to begin nomination hearings this The Clerk read the resolution, as fol- more you look, the more you find that week, we need to ensure that Congress follows: the most persecuted person to be in lows a fair and thorough vetting process as we H. RES. 34 America these days is a conservative evaluate the suitability of these individuals to Resolved, That the following named Mem- African American. If you are Black and fill the various cabinet positions. ber be and is hereby elected to the following you are conservative, you can expect

VerDate Sep 11 2014 05:04 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.014 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H228 CONGRESSIONAL RECORD — HOUSE January 9, 2017 slings and arrows and hate from all has come to become, or become a verb, I have seen, heard, and known for my- over the country—vicious, mean. what was done to Justice Bork, accuse self. And it was yet another slap, as if the him of outrageous offenses, derail his You can denigrate someone all you high-tech lynching of the Senate con- confirmation, so that this conserv- want, but we are going based on what firmation hearing, as grossly unfair as ative, principled, qualified individual is real, what is factual; and God bless it was, that woman that withheld any doesn’t make it to the Supreme Court. her for doing so. complaints whatsoever, followed a man Well, the effort worked on assassi- ‘‘I don’t know what happened more from job to job, never raised a com- nating so grossly unfairly the char- than 30 years ago, when JEFF was nom- plaint until he gets ready to be con- acter of Justice Bork, but it didn’t inated to be a district court judge, and firmed to the United States Supreme work on Clarence Thomas because he is his nomination failed,’ she said. ‘But I Court, raised allegations that can’t a man of steadfast faith, integrity, and do know the JEFF SESSIONS that I have possibly be denied or supplemented, not just the brilliant intellect. worked with in the past 20 years. And verified—not effectively. And it is really heartbreaking. I he is a good person, and I believe that mean, I thought—even though I didn’t he will perform very well as attorney b 2030 support President Obama because I general.’’ You raise them 20-plus years. That is didn’t want him taking us down a so- ‘‘Another Republican colleague who why we have laws on the books to pro- cialist road, a socialist health care went out of his way to get to know tect from allegations too many years road. He talked about these things. The SESSIONS is Sen. TIM SCOTT, the only after the fact. We have statutes of limi- videos were out there. He wanted to get African-American GOP Senator. In De- tations. us to where the government controlled cember, SCOTT invited SESSIONS to visit If you sit on something and don’t tell health care, single-payer, in other his home state of South Carolina, people for years and years, and then all words, socialized medicine, where the where the two lawmakers met with criminal justice professionals in of a sudden, for political reasons, you government gets to decide whether you Charleston.’’ raise up allegations against someone get health care or whether it is any And, you know, I have such great re- who is basically defenseless—the thing good or not and, of course, it ends up is Clarence Thomas was not defense- gard for my colleagues across the aisle, not being, most of the time, once the but I am heartbroken that 30 years less. There were like 15 people, 15 government has total unfettered con- after the denial of JEFF SESSIONS a ju- women, who came forward and said: trol. dicial bench, when the JEFF SESSIONS Look, I was there around Anita Hill I didn’t want to go those places he that I have come to know in the 12 when these things were going on. Those wanted to go, but, I think the good years I have been in Congress—I have things never happened. Clarence Thom- thing is, it shows that America is come to know him, I feel like, pretty as is a brilliant, fine man, over and above racism, and this is a man who well. He is a good, decent, fair man. He over. can bind up this Nation as never be- tries to follow the teachings of Jesus Does any of that come up when HBO fore. Christ. He tries to treat people fairly talks about him? Of course not because And yet, he has spent right at 8 years and equally. they were out to slander him, libel now creating more division in this him, make him appear to be some I saw this quote from assistant—he country than we have had since the was Assistant District Attorney Thom- crazy guy. sixties. And who was stirring it up The guy is brilliant, absolutely bril- as Harrison, who had started in helping back then? Well, he was in the middle prosecute regarding the lynching of a liant. Some say: well, yeah, of course of groups that were stirring it up back the only way he got into Harvard— 19-year-old—just horrific—19-year-old then, protege of Bill Ayers. First fund- African American, Michael Donald in which, at the time, was too conserv- raiser he had in the home of someone ative, he thought, for him, law school Alabama. And the Assistant District who felt like it was a good idea to kill Attorney Harrison, at the time, who after Holy Cross, and then it was too police, at least try to. conservative, and he ends up applying prosecuted the case in State Court, he I hear constant allegations that are was quoted as saying: ‘‘Sessions asked to Yale and going there, one he didn’t so unfair. Those who know JEFF SES- what we needed’’—because Sessions think quite as conservative. SIONS make some very fair observa- was U.S. Attorney, what they needed, But he began to notice, as he points tions. I noted the great fairness of in other words, to go after the culprits out in his book, that the liberals would someone with whom I disagree often, that would do such a horrendous crimi- talk to him about sports and oppres- but Senator SUSAN COLLINS. nal act. And he says: ‘‘ . . . I said, in sion of Black people in America, and This article from CNN Politics says: order to get a capital murder convic- that is all they wanted to talk about. ‘‘ . . . a moderate Republican elected tion, we need these things, and he’’— But he began to notice that two or to the Senate the same year as Ses- talking about JEFF SESSIONS—‘‘said three other conservatives, the few that sions in 1996, admits that she and Ses- that in that regard whatever the fed- there were in Yale at the time, Yale sions ‘don’t agree on a host of issues,’ eral agents did or the FBI did he would Law School, basically would talk to but she was happy to accept his’’—JEFF make those things available. He did in him about anything, and I have had a SESSIONS—‘‘request to introduce him fact do that.’’ conversation, in prior years, with him at his confirmation hearing alongside I don’t know, that is the kind of JEFF about that at Yale. senior Alabama Sen. RICHARD SHELBY.’’ SESSIONS I have gotten to know over But it is interesting. You know, the ‘‘ ‘He’s a decent, honorable, patriotic the years, and it is a little heart- liberals say: oh, yeah, we are the ones individual,’ Collins said in an interview breaking to hear allegations about a that care. Now you are only here be- in her Senate office. ‘I felt bad he was guy. I really like him. cause we pushed for affirmative action. not getting a fair shake from those And then to hear allegations that I You couldn’t possibly be smart enough who were denigrating him.’ ’’ have heard made about me in a grossly to be in a place where I am, the liberals ‘‘The Maine lawmaker’’—SUSAN COL- unfair manner. And I can’t explain all think. So yeah, it is because of us lib- LINS—‘‘is referring to allegations of ra- of the allegations about—that are so erals you are here. cial insensitivity—the same Democrats grossly unfair about JEFF SESSIONS. No, the guy is brilliant; he deserved used to block SESSIONS from moving But I can address some of the things to be there on his own merit, on his through committee thirty years ago.’’ that have been alleged to make him own intellect. He deserves to be a mem- ‘‘Collins explained that she is basing unfit to be Attorney General that I ber of the United States Supreme her endorsement of SESSIONS’ character know are ridiculous. Court. He deserves the acclaim that he on her own experience working with One of the points that was made was has never properly gotten. But people him over the past 20 years.’’ regarding his concern or opposition to who have clerked at that Court know Well, isn’t that a good thing, Mr. the new Voting Rights Act extension, I the integrity, the intellect, the consist- Speaker? You have a Senator that guess that is what they were talking ency of Clarence Thomas. says: You know what? I’m not going to about, and I know a great deal about He was maligned. They thought, basi- listen to the slings and arrows. I’m that. That comes through the Judici- cally, it was an effort to ‘‘Bork,’’ as it going to go based on the evidence that ary Committee, and I know my friend,

VerDate Sep 11 2014 05:04 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.045 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H229 fellow Republican, JIM SENSEN- b 2045 their parents. But the government BRENNER, had reached an agreement He said: Nope, we are not touching should not be in the business of pun- with Democrat JOHN CONYERS and oth- that bill. ishing people intentionally. There was ers, and they weren’t letting amend- They were happy to let it go to the a provision in the Voting Rights Act ments get through. Supreme Court one day just the way it that did just that. I was trying to make the point clear, was. Just as I explained to JOHN CON- I also heard an allegation about JEFF if you want to save the Voting Rights YERS right here, just as I explained to SESSIONS either opposing a hate crime Act, you can’t keep punishing a State JIM SENSENBRENNER right back there, extension or hate crime bill. I can tell because they did something wrong 50 this should be struck down if the U.S. you from conversations I had years years ago. That is not constitutional. Supreme Court is going to be fair and past, back when we were talking about And if you insist on continuing to put partial and follow the Constitution. hate crimes bills, we did not need hate these punitive positions in the Voting You can’t keep punishing people for crime laws. Rights Act that will continue to punish something their fathers or grand- What was the fake news that was southern States that have recorded fathers did when they are doing better trotted out here in Washington, trotted these days, and it was pretty well true than people in your own State and you out around the country? across the South, they had less racial vote to punish them. Why? Because Remember what happened down in disparity than places in the North, in you can. Their fathers or grandfathers south Texas? Wisconsin, in Massachusetts, in Cali- committed a wrong many years ago. A It wasn’t in my district, but I am fa- fornia. grievous wrong it was, and it needed miliar with what happened down there. Yet, people from these other States, correction. There are some places There were three White guys that took because they made a majority, said: we where it still does, but you don’t keep a poor, decent African American, used don’t care that they are—there is less punishing people 50 years after they a chain, tied him to their truck, and racial disparateness in those southern bring up their problem. drug him until he was dead. It was in states. There was harm 50 years ago, So I hear people say JEFF SESSIONS is print and publicly. and there was, and it needed to be not fit because he opposed the Voting I would personally have no problem cleaned up. It desperately needed to be Rights Act. I tried to clean it up. It had with a jury ordering a sentence, if we cleaned up, and we needed a Voting an un-American provision in there. could put it in the law, so that the Rights Act in order to help cure the I just can’t believe anybody on either family of that victim could decide evils. side of the aisle would continue to sup- what they were going to use to drag But what was pushed through in a port the idea that we should punish the defendants and the terrain they voting rights extension, with my oppo- children or grandchildren for some- would drag those White defendants sition—and I don’t know what JEFF’s thing their father or grandfather did over, but that is not the law. arguments were, but I know how wrong many years ago. This child has become The law in Texas is that our juries it was. And I came down here, and my an adult and they have made sure there can find you guilty and sentence you. friend—and I mean that—my friend, is fairness abounding. Well, there is al- Well, the juries don’t actually sentence JOHN CONYERS, was sitting right there, ways going to be injustice. death. That is left to the judge. The ju- and it was toward the end of the year. One of the great problems in this ries answer three questions. I know. I And I said: Look, I have talked to lib- Justice Department is that it was al- have put it to juries three times. eral law deans from different parts of ways quick to take up for someone who On one occasion the jury came back the country, New York, California, had been shot by policemen—before locked up, so I sentenced that defend- Texas; and when we discuss what you they knew any of the facts—and de- ant to life. On two occasions of three have put in the Voting Rights Act, you monize the local police. Sometimes—in capital murder cases I tried to comple- are still treating States punitively rare cases, but every now and then— tion, the jury found unanimously, that are now doing better than Cali- they did deserve demonizing. But the number one, he committed the murder fornia, New York, Massachusetts, at Department of Justice should not de- and he knew that a murder was going least some districts in those States. monize them before we find out the to be committed; number two, that he Wisconsin had a district with a huge facts. is a future danger to society; and num- problem. In most of those cases, when we find ber three, there was no evidence that You can’t do that. It is going to be out the facts, whether it is Baltimore mitigated against the imposition of the ruled unconstitutional. And I still can- or other places, most of the time peo- death penalty. not support it, but why don’t we do a ple or even a professor of some kind, The jury comes back with yes, yes, joint amendment and fix this? like the President, said he acted stu- and no; and it is left to a judge like me And my friend, JOHN CONYERS, he is a pidly, talking about the policeman. It to look a man in the eyes and tell him very honorable man, and he said: Let turned out the policeman conducted that I sentence him to death. There is me talk to some of our folks. And when himself very reasonably. We never did nothing that goes to your soul like I talked to him before the end of the hear whether the President apologized looking someone in the eye and saying: year, he said: We think it is okay, and to the policeman or not, but the point You are going to be taken to the Texas the people I talked to think it is okay. is that the President and the Justice Department of Criminal Justice and We don’t need to amend it. We are Department have spent 8 years dividing you are going to be put to death for the going to leave it just like it is. us in ways I did not believe were pos- crimes you have committed. Well, it is wrong. Whether it is in a sible 8 years ago. I believe in the death penalty, but I Voting Rights Act, whether it is in a So I hear my friends come in here believe with all my heart you have to criminal bill, a civil bill, if you are and start condemning a man as not make sure due process occurs. I could punishing people for the sins of their being fit to serve because of things like care less about race. grandfathers or fathers, it is wrong. It opposing an unconstitutional, un- I hear these allegations about JEFF is un-American. And I don’t know if American provision in the Voting SESSIONS. I know JEFF and I know this JEFF SESSIONS has called something Rights Act. It was then, it is today. If is ridiculous. As I was listening to like that un-American, but I will. somebody tries to pass a punishment of some of these broad statements just When you try to punish an individual some group of people for something taking a swat at JEFF SESSIONS, a real- for something their father or grand- their grandparents did, it is wrong, it ly fine, decent man, it took me right father did, that is un-American. That is un-American. I will say it to the day back to 20 years or so ago when I was is wrong. I die. that felony district judge in Texas and And lo and behold, the liberal law Now, it is very unfair. I saw it as a I tried capital murder cases, murder professors and deans that I have talked felony judge. It broke my heart. In cases. Never mind the fact that I was to across the country, before I begged— chambers, but never in the courtroom court-appointed to appeal the capital well, I begged JIM SENSENBRENNER. He itself, it would bring me to tears. I murder conviction of an African Amer- was sitting at the back right back would break down when I saw the suf- ican man and I did everything I pos- there. fering of children because of the sins of sibly could ethically and within the

VerDate Sep 11 2014 05:04 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.047 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H230 CONGRESSIONAL RECORD — HOUSE January 9, 2017 law for my client, who I believed was Ms. Glass. I knew enough about her for a mom like that and says: Yeah, wrongly convicted in this case. when I saw she was on the grand jury, yeah, why don’t we give moms and His case was overturned after my ar- I knew she would be the foreman. That dads or whoever is taking care of the gument. I was the only one arguing for woman was a saint. She was organized kids money. our side. I was the one that solely did and she called things like they were. You go to the school. It is not an in- the brief. Even though the family paid You couldn’t help but fall in love with dictment of public schools. We didn’t thousands of dollars to somebody from Ms. Glass if you were around her for have kindergarten. All 12 years of mine another State, I did the whole thing. I any length of time at all. were in public schools. I had fantastic did it all. I didn’t have a clerk do it. I Those memories of getting a sub- teachers, incredible, inspiring. did it all. poena alleging that I am a racist until I was going to major in history at His capital murder conviction was re- they actually did their homework and A&M on an Army scholarship, so it versed. His mother used to bring me found out, oops, he may be too pro-Af- didn’t matter much what I majored in. wonderful food. I loved her. I went to rican American, we don’t want him to I knew I was going in the Army for 4 her funeral. She was just an incredible testify, I got that same feeling when I years. I hoped to go to law school some Christian woman and her funeral did was hearing those allegations against day if we weren’t at war. But my math her justice. Of course, then her daugh- JEFF SESSIONS. It is not based on facts. teachers in public schools—7th grade, ter ran against me for Congress three It is: Oh, we just had the feeling that Ms. Edwards. In high school I had fan- times, but that is another story. maybe he was being unfair. tastic math teachers. Although some Nonetheless, I can remember back I think somebody mentioned the students didn’t like them, I loved when I was a felony judge and I got Southern Poverty Law Center or some- them. They were great. served with a subpoena by a defense thing. I know that the Southern Pov- College algebra, we had a professor lawyer. They had taken the position in erty Law Center, in my opinion, after who let us either turn in our homework a pleading in another court that, be- they incited hatred against the Family that we had to do for every—it was a cause I had allegedly appointed a dis- Research Council, incited hatred Monday, Wednesday, Friday class— parate number of White people to be against other people. The Southern turn in the homework or he would give grand jury foremen over African Amer- Poverty Law Center was supposed to be you one question at the beginning of icans, I must be bigoted. Therefore, the antithesis of hate. Yet, they stirred each class. If you didn’t want to do the convictions in Smith County should be up a guy so much that he would go into homework, you had to take that one overturned. I think they subpoenaed their lobby and try to kill people at the question. If you answered it wrong, you another district judge or two. We had Family Research Council. It is more of got a zero for the day. I didn’t open my three. this craziness. book until 15 minutes before the final I knew that lawyer. He knew I wasn’t The Bible warns of us a day when up and never did the homework because a racist. He subpoenaed me and made will be down, right will be wrong. I my 7th grade teacher, Ms. Edwards, allegations in print before he even keep wondering, Are we there? and all my math teachers in high knew who had been on my grand juries We hear from people at the civil school were so good. I had the founda- during those years I was a felony dis- rights commission that maybe Chris- tion. It was there. Of course, I enjoyed trict judge, but he made the broad- tians are the big hate group in the math, but I made an A. It was easy be- based allegation that I must be racist country. Really? cause of the public school training I and we have got to throw out these got, but not every public school has b 2100 cases. that advantage. Before I came to testify, he actually It is the only religion that is truly I had the advantage of having an 8th got the list of my grand jurors. I didn’t based on love because to be a Christian, grade English teacher for a mother, get to choose the grand jurors. Those you have to believe God so loved the and she was in public school until the were chosen by grand jury commis- world that He gave His only Son, that brain tumor took her. That is a burden. sioners. The commissioners chose the whoever believed in His Son would not You come home after football practice: grand jury members. I got to choose perish but have everlasting life. And ‘‘I am going to go lay down. I am ex- the grand jury foremen. I didn’t care then His Son so loved the world that hausted, Mom.’’ about race. I didn’t care about gender. He laid down His life for people, even as ‘‘Oh, what are you going to lay when I appointed people because, when I they called Him names and mocked you get there?’’ looked at the background, the little Him. It is a religion of love. It is not a ‘‘Okay. All right. I am going to lie bios we had on each of the grand jury religion of hate. Yet, right is wrong, up down. Are you happy? Just cut me members, I wanted somebody that was is down, let’s call somebody that wants some slack. I am going to go lie down.’’ going to be a leader on that grand jury. justice and fairness a racist. Well, that is living with a public I didn’t care about race. Really, is that fair? schoolteacher. I miss her and love her. When the criminal defense lawyers So, supposedly, JEFF SESSIONS—I But because I think—or if JEFF SES- did their homework after they made al- think this was alleged at him at one SIONS feels the same way—I think he legations, they notified me that I point—is not fit to serve as Attorney may—heck, if schools are not teaching would not be called as a witness be- General because he is for vouchers. Mr. children to read and write so they can cause I appointed too many African Speaker, when you hear from African excel and become president of their American grand jury foremen. There- Americans here in Washington, D.C., company or President of the country, fore, it was a disparate number of Afri- about how their children have suffered then let them go to a school. I think can Americans. It was too many. under horrendous gang conditions in a public schools will end up winning out. Therefore, I would hurt their case be- school, and then for this Camelot-type They have got the wherewithal to have cause I would show that maybe I was moment they got vouchers—they won the best schools. They just don’t have more biased for African Americans the lottery—that Republicans pushed any incentives. That was the purpose than against them. I didn’t care about for, they got to go to great schools. of vouchers, to provide incentive. race. These kids that had been oppressed and I have heard the allegation that I can remember a couple of grand shoved in either being in gangs or deal- Trump, you know, was a birther. I jury foremen. One of them was, I think, ing with gangs, they got to go get a haven’t had a lot of conversations with an assistant school superintendent. I good education because they got a Trump. I have had a number of them. knew the guy. He was a solid citizen. I voucher. But my impression was that he never had seen him in action. He was a real When you have an African American said that—maybe he did, I just didn’t leader in the community. He was an mom cry before you and say: My other hear him say Obama was not born in honest, fair man. I thought he would be kids, are they going to have to go face America. But I know I have heard peo- great as a grand jury foreman. And he the gangs? Why can’t they go be a doc- ple say repeatedly that, I, LOUIE GOH- was. tor or an engineer? MERT, am a birther. Which is a lie. I Probably the best grand jury foreman I don’t think it is hate. I don’t think have never, ever, ever said that. Yet, it I ever appointed—she was a saint—was it is prejudice that has your heart ache became such a credo of the left, some

VerDate Sep 11 2014 05:04 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.048 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H231 guy on FOX News one night—I think he pages. You read that bill, and if you By the way, those who were con- was on Megyn Kelly, a Democratic con- still want a statement from me, I will cerned about my friend TED CRUZ being sultant. She says, Tell me somebody give you as long a statement as you appropriate to be President, meeting that hates—Well, LOUIE GOHMERT is a want. the constitutional requirements, I birther, he said. And if I recall cor- The next time I saw her, I said: Did thought, well, gosh, if the left hadn’t rectly—I am pretty sure I do—he later you read the Posey bill? so demonized BILL POSEY’s bill, he had wrote an article: Okay, okay, Gohmert She said: Yeah. It didn’t do anything the framework that would get this all never actually said that Barack Obama they said it was going to do. out of the way long before you ever got was not an American citizen, but he Exactly. It was a very well-conceived to a party nomination so that the did support the birther bill, therefore, bill. It was not a birther bill. But in party had it all resolved, and you he is a birther. the mind of Rahm Emanuel, he saw it couldn’t come in at the last minute Well, that takes me back to August— as an opportunity to allege that some- after the nomination, saying: Nope, I guess it was July of 2009; I believe it one was racist, a birther, accusing the you didn’t go to the—it would take was—and my friend BILL POSEY from President of not being an American cit- care of it. Florida had a little 2-page bill. It may izen. Because my thought was: Well, if I had a Supreme Court Justice say have been 2 and just a hair at the top he is born to an American mother, years ago: Gee, if there is no legisla- of the third page. I think it was a little what difference does it make? Is it tion that sets up a foundation or an en- bit at the top of the third page, just really— abling process, then don’t come run- over 2 pages. And it was a good bill. I But I do still find it interesting that ning to the Supreme Court. If you are read the bill. I try to do that before I the President wouldn’t come forward, not going to do your job and set it up will ever agree to support a bill. And I as anybody else in America would, and or have enabling legislation come out read the bill. say: Here is my birth certificate. of Congress, don’t come running to us I recall that The New York Times It took Donald Trump making a de- to fix what you are not doing. mand for him to finally come forward. and The Washington Post, I think b 2115 around January of 2008, raised the issue Who knows if that is the right one or not. But I never had any issue with And he wasn’t talking about any- of whether or not JOHN MCCAIN was qualified under the Constitution to be Barack Obama being an American cit- thing specific, but I thought about President of the United States because, izen. I didn’t have any question. I do those comments. Well, great, the Posey apparently, he was born in the Panama think he should have come forward and bill would be terrific enabling legislation. And if the White House wasn’t so Canal Zone. shut down the noise much sooner, but I Gee, is that being a natural citizen, think he and Rahm Emanuel liked freaked out over BILL POSEY’s legiti- born in the Canal Zone? using that and liked to call people like mate bill, the Ted Cruz issue would not His dad was in the Navy, military. me a birther even though it was an ab- have been an issue at all. It would have So, yeah, maybe so. The New York solute lie. I never believed the Presi- been long determined long before we Times and The Washington Post raised dent was not an American citizen. got into a heated race in the primary, the issue. Yes, I signed on to that BILL POSEY because before a party chair could ac- I was in Israel during August when I bill. What BILL POSEY’s bill has been cept the application to become a can- got word that I was being accused of for, what, 11 years now—well, no, I am didate, it had to determine whether or being a birther. I can recall out here in sorry, 8 years now it has been called a not that candidate met the constitu- the Speaker’s lobby a whole slew of re- birther bill. All it did—anybody can go tional requirements. And if somebody porters wanting to know about my read POSEY’s bill from back in 2009—it wanted to challenge, then they would being a birther. One of them, at the said, before a candidate for his or her need to come forward and do it at that time, was with The Washington Post. I party’s nomination, or pursues his or point, and you get it all worked out. It knew she was a good reporter. That is her party’s nomination for President, was a good bill. why she is not there now. I couldn’t be- the party must make a determination But poor BILL POSEY has been so vilified for coming up with a good idea lieve it. It was kind of: Et tu, Brute? that that individual meets the quali- that was branded as a racist birther. It Really, you think I am a birther? fications of the Constitution. And it Well, I understand from the White would not kick in until 2012. was a really legitimate bill. And I keep House that you signed on the bill, and, So the crud these reporters were get- coming back to this. It reminds me of ting from somebody in the White if I recall the words correctly, it was to what I am hearing being said about House—maybe Rahm Emanuel. Who delegitimize the President and have JEFF SESSIONS—a very decent man. knows? It sounded like Rahm. But I don’t try to push my religious be- him thrown out of office. I said, wow. I think those were the whoever sent them the information, liefs on others, but it is a part of who words. It was something like that, but whoever sent Garry Trudeau the false I am as a Christian. I try to forgive others, and I have been amazed by the it was exactly the words that every relies that he used for a strip never both- grace of God how I have been able to porter who approached me was using: ered to read the bill and see that the forgive people who have really jerked You are trying to delegitimize the allegations of birtherism—whatever that is—was just a lie. It said begin- me around and even work with people President and have him thrown out of ning in 2012. Nobody was trying to get that have really stabbed me in the office? I think Doonesbury used words like anybody thrown out of office, but that back before. But I have been amazed. JEFF SESSIONS was called all kinds of that. made perfect sense. So the next time So when, privately, this one reporter The Washington Post and The New things in 1986, yet 10 years later he is caught me in another place and said: I York Times raised an issue of whether elected to the Senate. He never sought any kind of revenge against those who understand you are a birther; you are or not somebody like JOHN MCCAIN was did him so unfairly and unjustly be- on the birther bill? really qualified to be President, you I said: Are you talking about BILL would get it resolved long before that cause he cared about justice and doing POSEY’s bill? person got elected President. the right thing. She said: Yeah, the birther bill. I couldn’t imagine a worse horror for This country needs to heal. If people I said: Have you read it? America than to have someone elected are going to keep screaming racism She said: Well, no, but I know it is President and then get thrown out when it appears the biggest source of trying to delegitimize the President after they are elected. We are talking racism may have been all those people and have him thrown out of office. about massive riots. We are talking who told me, well, I wanted to vote for I said: Tell you what, I haven’t been about destroying this country, just di- the first Black American in our history giving statements to these ridiculous viding it even worse than this adminis- and I really didn’t know much about allegations. I think I gave a written tration has been able to do on its own. politics, you mean you voted for someone I dictated from Israel, but when I I didn’t want to yank a President out one because of the color of their skin? was here, it was just absurd. of office, but I thought BILL POSEY Yes, I wanted to be able to tell future I said: I tell you what, you read the thought of a very fair way to deal with generations I voted for the first Black Posey bill. It is just barely over 2 it. President.

VerDate Sep 11 2014 05:04 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.050 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H232 CONGRESSIONAL RECORD — HOUSE January 9, 2017 I wanted to do that, too. That is why 114th Congress, notified the Clerk of LEAVE OF ABSENCE I voted for Alan Keyes in 1996. Sorry, the House that on the following date, By unanimous consent, leave of ab- Phil Gramm; I know you are from my he had approved and signed a bill of the sence was granted to: State, but I just really thought a lot of Senate of the following title: Mr. PERRY (at the request of Mr. the intellect and integrity of Alan December 23, 2016: MCCARTHY) for today on account of ill- Keyes, and I still do. That is why his S. 2943. An act to authorize appropriations son works for me. He is brilliant, fair, for fiscal year 2017 for military activities of ness. smart, and pretty doggone funny too. the Department of Defense, for military con- Mr. BISHOP of Georgia (at the request But I don’t care about race, and we struction, and for defense activities of the of Ms. PELOSI) for today. need to quit throwing this ‘‘racist’’ Department of Energy, to prescribe military Mr. CORREA (at the request of Ms. personnel strengths for such fiscal year, and term about. Enough already. Let’s give PELOSI) for today on account of attend- for other purposes. JEFF SESSIONS a fair hearing. Let’s ing a funeral. look at what his record really is. And if Mr. DANNY K. DAVIS of Illinois (at the he, like I did, opposed an unconstitu- f request of Ms. PELOSI) for today and tional punishment of a future generation who had done no wrong for some- January 10 on account of district issues SENATE BILL APPROVED BY THE and events. thing grandparents had done, then he PRESIDENT AFTER SINE DIE AD- is right. That is unconstitutional. It is JOURNMENT un-American. I am grateful that Don- f ald Trump has nominated a man like The President, after sine die adjourn- JEFF SESSIONS for the Senate. God ment of the Second Session, 114th Con- ADJOURNMENT bless JEFF SESSIONS. gress, notified The Clerk of the House I yield back the balance of my time. that on the following date, he had ap- Mr. GOHMERT. Mr. Speaker, I move that the House do now adjourn. f proved and signed a bill of the following title: The motion was agreed to; accord- SENATE BILL APPROVED BY THE January 6, 2017: ingly (at 9 o’clock and 19 minutes PRESIDENT PRIOR TO SINE DIE p.m.), under its previous order, the ADJOURNMENT S. 3084. An act to invest in innovation through research and development, and to House adjourned until tomorrow, Tues- The President, prior to sine die ad- improve the competitiveness of the United day, January 10, 2017, at 10 a.m. for journment of the Second Sessionh of the States. morning-hour debate. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the third and fourth quarters of 2016, pursuant to Public Law 95–384, are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DANIEL SILVERBERG, EXPENDED BETWEEN OCT. 25 AND OCT. 28, 2016

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Daniel Silverberg ...... 10 /26 10 /28 Poland ...... 468.04 ...... 14,295.26 ...... 14,763.30

Committee total ...... 468.04 ...... 14,295.26 ...... 14,763.30

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DANIEL SILVERBERG, Nov. 20, 2016.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DANIEL SILVERBERG, EXPENDED BETWEEN DEC. 11 AND DEC. 16, 2016

Daniel Silverberg ...... 12 /12 12 /15 India ...... 1,133.00 ...... 13,217.00 ...... 14,350.00

Committee total ...... 1,133.00 ...... 13,217.00 ...... 14,350.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DANIEL SILVERBERG, Dec. 22, 2016.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2016

Hon. John J. Duncan ...... 7/29 7/31 Spain ...... 507.15 ...... 18.79 ...... 36.43 ...... 562.37 7/31 8/4 Italy ...... 1,799.49 ...... 1,614.15 ...... 290.49 ...... 3,704.13 8 /4 8 /7 Ireland ...... 1,489.47 ...... 659.59 ...... 555.78 ...... 2,704.84 Hon. Daniel Lipinski ...... 8/20 8/22 Israel ...... 1,036.00 ...... 1,036.00 8/22 8/24 Poland ...... 535.87 ...... 535.87 8/24 8/24 Latvia ...... 0.00 8/24 8/25 Germany ...... 269.15 ...... 269.15 8/25 8/29 Italy ...... 914.52 ...... 1,780.96 ...... 2,695.48

VerDate Sep 11 2014 06:27 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 8634 E:\CR\FM\K09JA7.052 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H233 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2016—Continued

Committee total ...... 6,551.65 ...... 4,073.49 ...... 882.70 ...... 11,507.84 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. BILL SHUSTER, Chairman, Dec. 21, 2016. EXECUTIVE COMMUNICATIONS, ance [NRC-2016-0164] (RIN: 3150-AJ81) re- mitting the National Archives’ report on the ETC. ceived January 5, 2017, pursuant to 5 U.S.C. gift of a Learning Center and other physical 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 improvements for the Gerald R. Ford Presi- Under clause 2 of rule XIV, executive Stat. 868); to the Committee on Energy and dential Museum in Grand Rapids, MI, pursu- communications were taken from the Commerce. ant to 44 U.S.C. 2112(a)(4); Pub. L 90-620 (as Speaker’s table and referred as follows: 111. A letter from the Director, Office of amended by Public Law 99-323, Sec. 3(a)); (100 103. A letter from the Under Secretary, Congressional Affairs, Nuclear Regulatory Stat. 496); to the Committee on Oversight Comptroller, Department of Defense, trans- Commission, transmitting the Commission’s and Government Reform. mitting a report of multiple violations of the withdrawal — Withdrawal of Regulatory 118. A letter from the Director, Office of Antideficiency Act, Army case number 16-05, Guides 1.3, 1.4, and 1.5 [NRC-2016-0246] re- Government Ethics, transmitting the Of- pursuant to 31 U.S.C. 1351; Public Law 97-258; ceived January 5, 2017, pursuant to 5 U.S.C. fice’s interim final rule — Freedom of Infor- (96 Stat. 926); to the Committee on Appro- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 mation Act Regulation (RIN: 3209-AA39) re- priations. Stat. 868); to the Committee on Energy and ceived January 5, 2017, pursuant to 5 U.S.C. 104. A letter from the Executive Secretary, Commerce. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 112. A letter from the Assistant General Board of Actuaries, Department of Defense, Stat. 868); to the Committee on Oversight Counsel for Legislation, Regulation and En- and Government Reform. transmitting the 2016 Report of the Depart- ergy Efficiency, Office of Energy Efficiency 119. A letter from the Deputy Chief Finan- ment of Defense Board of Actuaries, pursu- and Renewable Energy, Department of En- cial Officer and Director for Financial Man- ant to 10 U.S.C. 183(c)(1); Public Law 110-181, ergy, transmitting the Department’s final agement, Office of CFO and Assistant Sec- Sec. 906(a)(1); (122 Stat. 27); to the Com- rule — Energy Conservation Program: Test retary for Administration, Department of mittee on Armed Services. Procedures for Compressors [Docket No.: Commerce, transmitting the Department’s 105. A letter from the Assistant Secretary EERE-2014-BT-TP-0054] (RIN: 1904-AD43) re- final rule — Civil Monetary Penalty Adjust- for Legislation, Department of Health and ceived January 5, 2017, pursuant to 5 U.S.C. ments for Inflation [Docket No.: 161220999- Human Services, transmitting the Depart- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 6999-01] (RIN: 0605-AA47) received January 5, ment’s Report to Congress On Enhancing Stat. 868); to the Committee on Energy and 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Public Tracking and Tracing of Food and Record- Commerce. Law 104-121, Sec. 251; (110 Stat. 868); to the keeping, pursuant to 21 U.S.C. 2223(a)(3); 113. A letter from the Acting Assistant Committee on the Judiciary. Public Law 111-353, Sec. 204(a)(3); (124 Stat. Secretary for Export Administration, Bureau 120. A letter from the Director, Office of 3930); to the Committee on Energy and Com- of Industry and Security, Department of Government Ethics, transmitting the Of- merce. Commerce, transmitting the Department’s fice’s final rule — Post-Employment Conflict 106. A letter from the Director, Regula- final rule — Addition of Certain Persons and of Interest Restrictions; Revision of Depart- tions Policy and Management Staff, FDA, Revisions to Entries on the Entity List; and mental Component Designations (RIN: 3209- Department of Health and Human Services, Removal of a Person From the Entity List AA14) received January 5, 2017, pursuant to 5 transmitting the Department’s final rule — [Docket No.: 161221999-6999-01] (RIN: 0694- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Postmarketing Safety Reporting for Com- AH23) received January 5, 2017, pursuant to 5 251; (110 Stat. 868); to the Committee on the bination Products [Docket No.: FDA-2008-N- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Judiciary. 0424] (RIN: 0910-AF82) received January 5, 251; (110 Stat. 868); to the Committee on For- 121. A letter from the Federal Register Li- 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Public eign Affairs. aison Officer, Alcohol and Tobacco Tax and Law 104-121, Sec. 251; (110 Stat. 868); to the 114. A letter from the Alternate OSD Trade Bureau, Department of the Treasury, Committee on Energy and Commerce. FRLO, Office of the Secretary, Department transmitting the Department’s final rule — 107. A letter from the Regulatory Spe- of Defense, transmitting the Department’s Amendments To Streamline Importation of cialist, LRA, Office of the Comptroller of the interim final rule — DoD Freedom of Infor- Distilled Spirits, Wine, Beer, Malt Bev- Currency, Department of the Treasury, mation Act (FOIA) Program [DOD-2007-OS- erages, Tobacco Products, Processed To- transmitting the Department’s Major final 0086] (RIN: 0790-AI24) received January 5, bacco, and Cigarette Papers and Tubes and rule — Industrial and Commercial Metals 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Public Facilitate Use of the International Trade [Docket No.: OCC-2016-0022] (RIN: 1557-AD93) Law 104-121, Sec. 251; (110 Stat. 868); to the Data System [Docket No.: TTB-2016-0004; received January 5, 2017, pursuant to 5 U.S.C. Committee on Oversight and Government T.D. TTB-145; Ref: Notice No. 159] (RIN: 1513- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Reform. AC15) received January 5, 2017, pursuant to 5 Stat. 868); to the Committee on Energy and 115. A letter from the Secretary, Depart- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Commerce. ment of Housing and Urban Development, 251; (110 Stat. 868); to the Committee on 108. A letter from the Administrator, Envi- transmitting the Department of Housing and Ways and Means. ronmental Protection Agency, transmitting Urban Development’s Office of Inspector 122. A letter from the Chief, Publications the Agency’s Report to Congress on the General Semiannual Report to Congress for and Regulations Branch, Internal Revenue Global Supply and Trade of Elemental Mer- the period April 1, 2016, through September Service, transmitting the Service’s IRB only cury, pursuant to Sec. 6 of the Mercury Ex- 30, 2016, pursuant to 5 U.S.C. app. (Insp. Gen. rule — Syndicated Conservation Easement port Ban Act of 2008; to the Committee on Act) Sec. 5(b); Public Law 95-452, Sec. 5(b); Transactions [Notice 2017-10] received Janu- Energy and Commerce. (92 Stat. 1103); to the Committee on Over- ary 5, 2017, pursuant to 5 U.S.C. 801(a)(1)(A); 109. A letter from the Director, Regula- sight and Government Reform. Public Law 104-121, Sec. 251; (110 Stat. 868); to tions Policy and Management Staff, Food 116. A letter from the Senior Procurement the Committee on Ways and Means. and Drug Administration, Department of Executive, Office of Acquisition Policy, Gen- 123. A letter from the Chief, Publications Health and Human Services, transmitting eral Services Administration, transmitting and Regulations Branch, Internal Revenue the Department’s final rule — Food Addi- the Administration’s final rule — General Service, transmitting the Service’s final reg- tives Permitted in Feed and Drinking Water Services Administration Acquisition Regula- ulations and removal of temporary regula- of Animals; Feed Grade Sodium Formate tion (GSAR); Update Contract Reporting Re- tions — Definitions and Reporting Require- [Docket No.: FDA-2015-F-4282] received Janu- sponsibilities [GSAR Change 80; GSAR Case ments for Shareholders of Passive Foreign ary 5, 2017, pursuant to 5 U.S.C. 801(a)(1)(A); 2016-G508; Docket No.: 2016-0020; Sequence Investment Companies [TD 9806] (RIN: 1545- Public Law 104-121, Sec. 251; (110 Stat. 868); to No.: 1] (RIN: 3090-AJ80) received January 5, BK66) received January 5, 2017, pursuant to 5 the Committee on Energy and Commerce. 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Public U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 110. A letter from the Director, Office of Law 104-121, Sec. 251; (110 Stat. 868); to the 251; (110 Stat. 868); to the Committee on Congressional Affairs, Nuclear Regulatory Committee on Oversight and Government Ways and Means. Commission, transmitting the Commission’s Reform. 124. A letter from the Chief, Publications final rule — Increase in the Maximum 117. A letter from the Archivist, National and Regulations Branch, Internal Revenue Amount of Primary Nuclear Liability Insur- Archives and Records Administration, trans- Service, transmitting the Service’s IRB only

VerDate Sep 11 2014 05:04 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.015 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H234 CONGRESSIONAL RECORD — HOUSE January 9, 2017

rule — 2017 Section 1274A CPI Adjustments WESTERMAN, Mr. HILL, Ms. SEWELL of KING of Iowa, Mr. ROE of Tennessee, (Rev. Rul. 2016-30) received January 5, 2017, Alabama, Mr. PALAZZO, and Mr. Mr. AUSTIN SCOTT of Georgia, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); Public Law WOMACK): YOHO, Mr. FERGUSON, Mr. WITTMAN, 104-121, Sec. 251; (110 Stat. 868); to the Com- H.R. 368. A bill to provide the force and ef- Mr. BABIN, and Mr. SMITH of Texas): mittee on Ways and Means. fect of law for certain regulations relating to H.R. 372. A bill to restore the application 125. A letter from the Chief, Publications the taking of double-crested cormorants to of the Federal antitrust laws to the business and Regulations Branch, Internal Revenue reduce depredation at aquaculture facilities of health insurance to protect competition Service, transmitting the Service’s IRB only and protect public resources; to the Com- and consumers; to the Committee on the Ju- rule — Maintaining certification as a cer- mittee on Natural Resources. diciary. tified professional employer organization By Mr. ROE of Tennessee: By Mr. GOHMERT: (Rev. Proc. 2017-14) received January 5, 2017, H.R. 369. A bill to eliminate the sunset of H.R. 373. A bill to withhold United States pursuant to 5 U.S.C. 801(a)(1)(A); Public Law the Veterans Choice Program, and for other assessed and voluntary contributions to the 104-121, Sec. 251; (110 Stat. 868); to the Com- purposes; to the Committee on Veterans’ Af- United Nations, and for other purposes; to mittee on Ways and Means. fairs. the Committee on Foreign Affairs. 126. A letter from the Chairman, Medicare By Mr. FLORES: By Ms. BEUTLER (for herself, Mr. KIL- Payment Advisory Commission, transmit- H.R. 370. A bill to repeal the Patient Pro- MER, Mr. HUFFMAN, Mr. THOMPSON of ting the Commission’s report titled ‘‘Medical tection and Affordable Care Act and health California, and Mr. DEFAZIO): Malpractice: Evidence on Reform Alter- care-related provisions in the Health Care H.R. 374. A bill to remove the sunset provi- natives and Claims Involving Elderly Pa- and Education Reconciliation Act of 2010, sion of section 203 of Public Law 105-384 and tients’’, pursuant to 42 U.S.C. 280g-15(h)(3); and for other purposes; to the Committee on for other purposes; to the Committee on Nat- July 1, 1944, ch. 373, title III, Sec. 399V-4 (as Energy and Commerce, and in addition to ural Resources. added by Public Law 111-148, Sec. 10607); (124 the Committees on Education and the Work- By Mrs. BLACKBURN (for herself, Mr. Stat. 1013); jointly to the Committees on En- force, Ways and Means, the Judiciary, Nat- ROE of Tennessee, Mr. DUNCAN of ergy and Commerce and Ways and Means. ural Resources, Rules, House Administra- Tennessee, Mr. FLEISCHMANN, Mr. f tion, Appropriations, and the Budget, for a DESJARLAIS, Mrs. BLACK, Mr. period to be subsequently determined by the KUSTOFF of Tennessee, Mr. COHEN, REPORTS OF COMMITTEES ON Speaker, in each case for consideration of and Mr. COOPER): PUBLIC BILLS AND RESOLUTIONS such provisions as fall within the jurisdic- H.R. 375. A bill to designate the Federal Under clause 2 of rule XIII, reports of tion of the committee concerned. building and United States courthouse lo- By Ms. CLARK of Massachusetts (for committees were delivered to the Clerk cated at 719 Church Street in Nashville, Ten- herself, Mr. NEAL, Mr. CONYERS, Mr. nessee, as the ‘‘Fred D. Thompson Federal for printing and reference to the proper WELCH, Mr. CICILLINE, Mr. CUMMINGS, Building and United States Courthouse’’; to calendar, as follows: Ms. DELAURO, Mr. QUIGLEY, Mr. the Committee on Transportation and Infra- Mr. COLLINS of Georgia: Committee on GARAMENDI, Mr. HUFFMAN, Ms. structure. Rules. House Resolution 33. Resolution pro- VELA´ ZQUEZ, Mr. MEEKS, Mr. LAN- By Mr. CAPUANO (for himself, Mr. viding for consideration of the bill (H.R. 5) to GEVIN, Mrs. NAPOLITANO, Ms. SCHA- BRENDAN F. BOYLE of Pennsylvania, reform the process by which Federal agen- KOWSKY, Mr. DEUTCH, Mr. SCHIFF, Mr. Mr. CONNOLLY, Mr. CONYERS, Mr. cies analyze and formulate new regulations GALLEGO, Ms. BONAMICI, Ms. PINGREE, CUMMINGS, Mr. DEUTCH, Mr. ELLISON, and guidance documents, to clarify the na- Mr. CAPUANO, Mr. KIND, Mr. EVANS, Ms. LOFGREN, Mrs. CAROLYN B. MALO- ture of judicial review of agency interpreta- Mr. NADLER, Mr. COHEN, Mr. PETERS, NEY of New York, Mr. MCGOVERN, Ms. tions, to ensure complete analysis of poten- Mr. SARBANES, Mrs. WATSON COLE- MOORE, Ms. NORTON, Ms. PINGREE, tial impacts on small entities of rules, and MAN, Mr. TED LIEU of California, Ms. Mr. SARBANES, Ms. SCHAKOWSKY, Ms. for other purposes, and providing for consid- HANABUSA, Ms. MENG, Mr. DOGGETT, SLAUGHTER, Ms. TITUS, Ms. TSONGAS, eration of the bill (H.R. 79) to clarify the def- Mr. MOULTON, Mr. O’ROURKE, Mr. Mr. YARMUTH, Mr. QUIGLEY, Mr. inition of general solicitation under Federal CONNOLLY, Ms. MCCOLLUM, Mr. KEATING, Ms. CASTOR of Florida, and securities law (Rept. 115–2). Referred to the BEYER, Mr. SERRANO, Mr. BRENDAN F. Ms. ESHOO): House Calendar. BOYLE of Pennsylvania, Ms. TSONGAS, H.R. 376. A bill to amend the Securities Ex- f Mr. BLUMENAUER, Mr. SOTO, Mr. change Act of 1934 to require shareholder au- DESAULNIER, Ms. BROWNLEY of Cali- thorization before a public company may PUBLIC BILLS AND RESOLUTIONS fornia, Ms. MOORE, Mr. JOHNSON of make certain political expenditures, and for Under clause 2 of rule XII, public Georgia, Mr. ENGEL, Mr. KENNEDY, other purposes; to the Committee on Finan- bills and resolutions of the following Ms. TITUS, Ms. MATSUI, Ms. SPEIER, cial Services. titles were introduced and severally re- Mr. KEATING, Mr. POLIS, Ms. LEE, Ms. By Mr. DIAZ-BALART (for himself, KAPTUR, Mr. MCGOVERN, Mr. CARSON Mr. GOHMERT, Ms. GRANGER, Mr. ferred, as follows: of Indiana, Mr. ELLISON, Mr. FRELINGHUYSEN, Mr. WEBER of Texas, By Mr. DUNCAN of South Carolina (for LOEBSACK, Ms. JACKSON LEE, Mr. Ms. ROS-LEHTINEN, Mr. FLEISCHMANN, himself, Mr. CARTER of Texas, Mr. TAKANO, Mr. AL GREEN of Texas, Ms. Mr. GROTHMAN, Mr. DUNCAN of South GENE GREEN of Texas, Mr. AUSTIN EDDIE BERNICE JOHNSON of Texas, Mr. Carolina, Mrs. BLACK, Mr. MCCAUL, SCOTT of Georgia, Mr. BIGGS, Mr. SMITH of Washington, Mr. DEFAZIO, Mr. TROTT, Mr. DESJARLAIS, Mr. GOSAR, Mr. HUDSON, Mr. LAMALFA, Mr. THOMPSON of Mississippi, Ms. CRAMER, Mr. BARLETTA, Mr. HUDSON, Mr. HARRIS, Mr. WESTERMAN, Mr. BASS, Mr. COOPER, Ms. PLASKETT, Mr. Mr. POSEY, Mr. ROSS, Mr. KING of OLSON, Mr. CHAFFETZ, Mr. HEN- CLAY, Mr. LYNCH, Mrs. LAWRENCE, Iowa, Mr. ROUZER, and Mr. YODER): SARLING, Mr. CARTER of Georgia, Mr. Mr. SCOTT of Virginia, Mr. HIMES, Mr. H.R. 377. A bill to require the Secretary of LABRADOR, Mr. BROOKS of Alabama, PASCRELL, Mr. LOWENTHAL, Mr. State to submit a report to Congress on the Mr. SMITH of Texas, Mr. BISHOP of POCAN, Mr. LEVIN, Mr. GRIJALVA, Mr. designation of the Muslim Brotherhood as a Utah, Mr. BRAT, Mr. ABRAHAM, Mr. FOSTER, Ms. KUSTER of New Hamp- foreign terrorist organization, and for other PALMER, Mrs. LOVE, Mr. BRIDENSTINE, shire, Ms. JUDY CHU of California, purposes; to the Committee on the Judici- Mr. STEWART, Mr. MARSHALL, Mr. Mrs. DINGELL, Ms. MICHELLE LUJAN ary. EMMER, Mr. RATCLIFFE, Mr. JODY B. GRISHAM of New Mexico, Ms. KELLY By Mr. FLEISCHMANN (for himself HICE of Georgia, Mr. BUCK, Mr. of Illinois, Ms. SLAUGHTER, Mr. and Mr. COOPER): WEBER of Texas, Mr. MESSER, Mr. RASKIN, Mr. PALLONE, Mr. PERL- H.R. 378. A bill to amend title 5, United MOONEY of West Virginia, Mr. MUTTER, Ms. CASTOR of Florida, Mr. States Code, to enhance the authority under DESANTIS, Mr. NEWHOUSE, Mr. SMITH KILMER, Ms. SHEA-PORTER, Mr. YAR- which Federal agencies may pay cash awards of Missouri, Mr. GRAVES of Georgia, MUTH, and Mr. SHERMAN): to employees for making cost saving disclo- Mr. LAMBORN, Mr. WENSTRUP, Mr. H.R. 371. A bill to address financial con- sures, and for other purposes; to the Com- ROGERS of Alabama, Mr. DESJARLAIS, flicts of interest of the President and Vice mittee on Oversight and Government Re- Mr. MASSIE, Mr. KING of Iowa, Mr. President; to the Committee on Oversight form. GOHMERT, and Mr. YODER): and Government Reform, and in addition to By Mr. HASTINGS: H.R. 367. A bill to provide that silencers be the Committees on Ways and Means, and the H.R. 379. A bill to assist members of the treated the same as long guns; to the Com- Judiciary, for a period to be subsequently de- Yazidi and Christian communities residing mittee on Ways and Means, and in addition termined by the Speaker, in each case for in Iraq and Syria, and for other purposes; to to the Committee on the Judiciary, for a pe- consideration of such provisions as fall with- the Committee on the Judiciary, and in addi- riod to be subsequently determined by the in the jurisdiction of the committee con- tion to the Committees on Foreign Affairs, Speaker, in each case for consideration of cerned. Armed Services, and Appropriations, for a such provisions as fall within the jurisdic- By Mr. GOSAR (for himself, Mr. BRAT, period to be subsequently determined by the tion of the committee concerned. Mr. BROOKS of Alabama, Mr. Speaker, in each case for consideration of By Mr. CRAWFORD (for himself, Mr. DESJARLAIS, Mr. DUNCAN of Ten- such provisions as fall within the jurisdic- ADERHOLT, Mr. HARPER, Mr. nessee, Mr. GOHMERT, Mr. JONES, Mr. tion of the committee concerned.

VerDate Sep 11 2014 05:17 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\L09JA7.000 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H235

By Mr. MCCAUL: By Mr. HOLLINGSWORTH: Congress has the power to enact this legis- H.R. 380. A bill to direct the Secretary of H.J. Res. 23. A joint resolution proposing lation pursuant to the following: State to submit to Congress a report on the an amendment to the Constitution of the Article 1, Section 8 designation of Iran’s Islamic Revolutionary United States to limit the number of terms By Mr. GOSAR: Guard Corps as a foreign terrorist organiza- that a Member of Congress may serve to four H.R. 372. tion, and for other purposes; to the Com- in the House of Representatives and two in Congress has the power to enact this legis- mittee on the Judiciary. the Senate; to the Committee on the Judici- lation pursuant to the following: By Mr. MCCLINTOCK (for himself, Mr. ary. Article I, Section 8, Clause 3. (commerce COOK, Mrs. MIMI WALTERS of Cali- By Mr. MARINO: clause) fornia, Mr. ROHRABACHER, Ms. MAT- H.J. Res. 24. A joint resolution proposing ‘‘The Congress shall have Power to regu- SUI, Mr. HUNTER, Mr. SWALWELL of an amendment to the Constitution of the late Commerce with foreign Nations, and California, Mr. ROYCE of California, United States to limit the number of years among the several States, and with the In- Mr. LAMALFA, Mr. VALADAO, Mr. an individual may serve as a Member of Con- dian Tribes.’’ GARAMENDI, Ms. LOFGREN, Ms. gress; to the Committee on the Judiciary. By Mr. GOHMERT: SA´ NCHEZ, Mr. CA´ RDENAS, Mr. RUIZ, By Mr. MARINO: H.R. 373. Ms. SPEIER, Mr. COSTA, Mr. THOMP- H.J. Res. 25. A joint resolution proposing Congress has the power to enact this legis- SON of California, Mr. HUFFMAN, Mr. an amendment to the Constitution of the lation pursuant to the following: SCHIFF, Mr. TAKANO, Mr. DENHAM, United States to end the practice of includ- Article One, Section 8, Clause 18: ‘‘To Mr. NUNES, Mr. LOWENTHAL, Mr. ing more than one subject in a single law by make all Laws which shall be necessary and MCCARTHY, Mr. ISSA, Mr. KNIGHT, Mr. requiring that each law enacted by Congress proper for carrying into Execution the fore- CALVERT, and Mr. TED LIEU of Cali- be limited to only one subject and that the going Powers, and all other Powers vested by fornia): subject be clearly and descriptively ex- this Constitution in the Government of the H.R. 381. A bill to designate a mountain in pressed in the title of the law; to the Com- United States . . .;’’ and the John Muir Wilderness of the Sierra Na- mittee on the Judiciary. Article I, Section 9, Clause 7: ‘‘No money tional Forest as ‘‘Sky Point’’; to the Com- By Mr. CROWLEY: shall be drawn from the Treasury, but in mittee on Natural Resources. H. Res. 34. A resolution electing Members Consequence of Appropriations made by By Ms. MENG (for herself and Mr. to Certain Standing Committees of the Law.’’ ZINKE): House of Representatives; considered and By Ms. BEUTLER: H.R. 382. A bill to amend the Department agreed to. H.R. 374. of Agriculture program for research and ex- By Mr. DUNCAN of Tennessee (for him- Congress has the power to enact this legis- tension grants to increase participation by self and Mr. ROE of Tennessee): lation pursuant to the following: women and underrepresented minorities in H. Res. 35. A resolution expressing the The power of Congress to make rules for the fields of science, technology, engineer- sense of the House of Representatives relat- the government and regulation of the land ing, and mathematics to redesignate the pro- ing to automated external defibrillator and naval forces, as enumerated in Article I, gram as the ‘‘Jeannette Rankin Women and (AED) training in the Nation’s schools; to Section 8, Clause 14 of the United States Minorities in STEM Fields Program’’; to the the Committee on Education and the Work- Constitution. Committee on Agriculture. force, and in addition to the Committee on By Mrs. BLACKBURN: By Mr. POSEY: Energy and Commerce, for a period to be H.R. 375. H.R. 383. A bill to amend title 18, United subsequently determined by the Speaker, in Congress has the power to enact this legis- States Code, to extend the post-employment each case for consideration of such provi- lation pursuant to the following: restrictions on lobbying by Members of Con- sions as fall within the jurisdiction of the Article I, Section 8, Clause 18: The Nec- gress and officers and employees of the legis- committee concerned. essary and Proper Clause lative branch; to the Committee on the Judi- f By Mr. CAPUANO: ciary. H.R. 376. By Mr. POSEY: CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- H.R. 384. A bill to provide that a former STATEMENT lation pursuant to the following: Member of Congress or former senior Con- Pursuant to clause 7 of rule XII of ARTICLE 1, SECTION 8, CLAUSE 3 gressional employee who receives compensa- By Mr. DIAZ-BALART: tion as a lobbyist shall not be eligible for re- the Rules of the House of Representa- H.R. 377. tirement benefits or certain other Federal tives, the following statements are sub- Congress has the power to enact this legis- benefits; to the Committee on House Admin- mitted regarding the specific powers lation pursuant to the following: istration, and in addition to the Committee granted to Congress in the Constitu- Article I, Sec. 8, Clause 3 and Article I, Sec on Oversight and Government Reform, for a tion to enact the accompanying bill or 8, Clause 18 period to be subsequently determined by the joint resolution. By Mr. FLEISCHMANN: Speaker, in each case for consideration of H.R. 378. By Mr. DUNCAN of South Carolina: such provisions as fall within the jurisdic- Congress has the power to enact this legis- H.R. 367. lation pursuant to the following: tion of the committee concerned. Congress has the power to enact this legis- Article I, Section 8, Clauses 1 & 18. By Mrs. RADEWAGEN (for herself and lation pursuant to the following: By Mr. HASTINGS: Mr. SABLAN): With this Resolution, Congress is defend- H.R. 385. A bill to amend the Expedited H.R. 379. ing the 2nd Amendment prerogative to keep Funds Availability Act to clarify the appli- Congress has the power to enact this legis- and bear arms. The legislation protects the cation of that Act to American Samoa and lation pursuant to the following: hearing of those who choose to pursue their the Northern Mariana Islands; to the Com- Article 1, Section 8 rights under the 2nd Amendment without mittee on Financial Services. By Mr. MCCAUL: undue government burden. Also, Article I, By Mr. SENSENBRENNER: H.R. 380. Section 8, Clause 1 gives Congress the right H.R. 386. A bill to amend the Internal Rev- Congress has the power to enact this legis- to lay and collect taxes. enue Code of 1986 to increase the amount ex- lation pursuant to the following: By Mr. CRAWFORD: cludable from gross income for dependent Article 1, Section 8, Clause 1: ‘‘Congress H.R. 368. care assistance and dependent care flexible Congress has the power to enact this legis- shall have Power To . . . provide for the spending arrangements and to provide for a lation pursuant to the following: common Defence and general Welfare of the carryover of unused dependent care benefits Article VI, Clause 2 of the United States United States.’’ in dependent care flexible spending arrange- Constitution as upheld by the Supreme By Mr. MCCLINTOCK: ments; to the Committee on Ways and Court in Missouri v. Holland, 252 U.S. 416 H.R. 381. Means. (1920). Congress has the power to enact this legis- By Mr. YODER (for himself, Mr. POLIS, By Mr. ROE of Tennessee: lation pursuant to the following: Mr. GOODLATTE, Mr. CONYERS, Mr. H.R. 369. Article IV, Section 3, Clause 2 (the Prop- POE of Texas, Ms. DELBENE, Mr. Congress has the power to enact this legis- erty Clause), which confers on Congress the HURD, Mr. NADLER, Mr. COLLINS of lation pursuant to the following: power to make all needful Rules and Regula- Georgia, and Ms. JUDY CHU of Cali- Article 1, Section 8 of the United States tions respecting the property belonging to fornia): Constitution. the United States. H.R. 387. A bill to amend title 18, United By Mr. FLORES: By Ms. MENG: States Code, to update the privacy protec- H.R. 370. H.R. 382. tions for electronic communications infor- Congress has the power to enact this legis- Congress has the power to enact this legis- mation that is stored by third-party service lation pursuant to the following: lation pursuant to the following: providers in order to protect consumer pri- Article 1, Section 8, Clause 1 of the Con- Article 1, Section 8 of the U.S. Constitu- vacy interests while meeting law enforce- stitution of the United States. tion. ment needs, and for other purposes; to the By Ms. CLARK of Massachusetts: By Mr. POSEY: Committee on the Judiciary. H.R. 371. H.R. 383.

VerDate Sep 11 2014 06:19 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\L09JA7.100 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H236 CONGRESSIONAL RECORD — HOUSE January 9, 2017

Congress has the power to enact this legis- H.R. 80: Mr. GOHMERT, Mr. COLLINS of New Mr. MCKINLEY, Ms. HANABUSA, Mr. ROUZER, lation pursuant to the following: York, Mr. GIBBS, Mr. YODER, Mr. HUNTER, Mr. WALZ, Mr. DENT, Mr. REICHERT, Mrs. Article I, Section 5, Clause 2 Mr. GRAVES of Louisiana, Mr. FLORES, Mr. RADEWAGEN, Mr. COLLINS of Georgia, Mr. Article I, Section 8, Clause 18 JOYCE of Ohio, Mr. YOHO, Mr. CARTER of KILMER, Mr. NORCROSS, Mr. WOODALL, Mr. By Mr. POSEY: Georgia, Mr. LAMBORN, Mr. POSEY, Mr. CULBERSON, Mr. ROGERS of Alabama, Mr. H.R. 384. BRADY of Texas, Mr. GOSAR, Mr. COLLINS of ROYCE of California, Mr. LIPINSKI, Mr. Congress has the power to enact this legis- Georgia, Mr. SESSIONS, Mr. RICE of South PALAZZO, Mr. PEARCE, Ms. BORDALLO, and lation pursuant to the following: Carolina, Mr. JONES, Mr. MEADOWS, Mr. HAR- Mr. COFFMAN. Article I, Section 5, Clause 2 RIS, Mr. BANKS of Indiana, Mr. BROOKS of H.R. 323: Mr. MURPHY of Pennsylvania. Article I, Section 6, Clause 1 Alabama, Mr. ROE of Tennessee, Mr. BUDD, H.R. 329: Mrs. RADEWAGEN and Mr. GRI- By Mrs. RADEWAGEN: Mr. JORDAN, Mr. BIGGS, Mr. GOWDY, Mr. JALVA. H.R. 385. ROUZER, Mr. GRAVES of Georgia, Mr. MAR- H.R. 350: Mr. SANFORD, Mr. GARRETT, Mr. Congress has the power to enact this legis- SHALL, Mr. PALMER, Mr. SMITH of Texas, Mr. BISHOP of Georgia, Mr. MOONEY of West Vir- lation pursuant to the following: WESTERMAN, and Mr. MCCAUL. ginia, and Mr. LOBIONDO. Article 1, Section 8 of the United States H.R. 81: Mr. BIGGS. H.R. 352: Mr. HUIZENGA and Mr. BUCK. Constitution. H.R. 82: Mr. BRAT, Mr. BIGGS, Mr. KING of H.R. 353: Mr. BRIDENSTINE, Mr. SMITH of By Mr. SENSENBRENNER: Iowa, and Mr. SMITH of Texas. Texas, Mr. ROHRABACHER, Mr. STEWART, Mrs. H.R. 386. H.R. 83: Mr. JONES, Mr. DUNCAN of South RADEWAGEN, and Ms. BONAMICI. Congress has the power to enact this legis- Carolina, and Mr. SMITH of Texas. H.R. 355: Mrs. LOVE, Mr. MEADOWS, Mr. lation pursuant to the following: H.R. 85: Mr. FRANCIS ROONEY of Florida. BRIDENSTINE, Mr. CRAWFORD, and Mr. THOMP- Article I, Section 8 H.R. 90: Mr. CAPUANO. SON of Pennsylvania. By Mr. YODER: H.R. 92: Ms. KUSTER of New Hampshire. H.R. 356: Mr. BECERRA, Mr. BEYER, Ms. H.R. 387. H.R. 96: Mrs. RADEWAGEN. HANABUSA, Mr. LIPINSKI, Mr. O’HALLERAN, Congress has the power to enact this legis- H.R. 99: Mr. SOTO. Mr. PAYNE, Ms. PINGREE, Mr. BERA, Ms. lation pursuant to the following: H.R. 101: Ms. KUSTER of New Hampshire. BLUNT ROCHESTER, Mr. CRIST, Ms. DELBENE, Amendment IV H.R. 102: Ms. KUSTER of New Hampshire. Mrs. DEMINGS, Mr. GOTTHEIMER, Mr. LAWSON The right of the people to be secure in H.R. 105: Mr. DESAULNIER. of Florida, Mr. SEAN PATRICK MALONEY of their persons, houses, papers, and effects, H.R. 112: Mr. ROSS. New York, Mr. NOLAN, Mr. WALZ, and Mr. against unreasonable searches and seizures, H.R. 140: Mr. PALAZZO. VISCLOSKY. shall not be violated, and no Warrants shall H.R. 179: Ms. SINEMA and Mr. JOHNSON of H.R. 357: Mr. CICILLINE and Mr. VISCLOSKY. issue, but upon probable cause, supported by Ohio. H.R. 358: Mr. POSEY, Mr. PEARCE, and Mr. Oath or affirmation, and particularly de- H.R. 193: Mr. DUNCAN of Tennessee. HUDSON. scribing the place to be searched, and the H.R. 201: Ms. CASTOR of Florida. H.R. 364: Mr. BABIN. persons or things to be seized. H.R. 242: Mr. DEUTCH and Ms. SLAUGHTER. H.J. Res. 6: Mr. BACON and Mr. MEADOWS. By Mr. HOLLINGSWORTH: H.R. 249: Mr. BIGGS. H. Res. 15: Mr. CA´ RDENAS, Ms. SPEIER, Mr. H.J. Res. 23. H.R. 255: Mr. TONKO, Mr. KNIGHT, Ms. COSTELLO of Pennsylvania, Mr. LANGEVIN, Congress has the power to enact this legis- BONAMICI, Mr. COFFMAN, Mr. PERLMUTTER, Mr. THOMPSON of Pennsylvania, and Mrs. lation pursuant to the following: Mr. FOSTER, Mr. TAKANO, Mr. KEATING, Mr. NAPOLITANO. Article V. of the Constitution LIPINSKI, Ms. NORTON, Mr. PAYNE, Mr. COHEN, H. Res. 28: Mr. CA´ RDENAS, Ms. SPEIER, Mr. By Mr. MARINO: Mr. DAVID SCOTT of Georgia, Mr. EVANS, Mr. LANGEVIN, Mr. COSTELLO of Pennsylvania, H.J. Res. 24. RYAN of Ohio, Ms. JACKSON LEE, Mr. HAS- Mrs. NAPOLITANO, and Mr. THOMPSON of Congress has the power to enact this legis- TINGS, Ms. KELLY of Illinois, Ms. WILSON of Pennsylvania. lation pursuant to the following: Florida, Mrs. RADEWAGEN, Ms. ADAMS, Mr. f Article V of the United States Constitu- SERRANO, Ms. MCCOLLUM, Mr. PETERS, Mr. tion: The Congress, whenever two thirds of KILMER, Ms. SEWELL of Alabama, Mr. NOR- CONGRESSIONAL EARMARKS, LIM- both houses shall deem it necessary, shall CROSS, Mr. SOTO, Mr. ROYCE of California, ITED TAX BENEFITS, OR LIM- propose amendments to this Constitution Ms. WASSERMAN SCHULTZ, Mr. LANGEVIN, Ms. ITED TARIFF BENEFITS . . . which . . . shall be valid in all intents SINEMA, Mr. COSTELLO of Pennsylvania, Mr. Under clause 9 of rule XXI, lists or and purposes, as part of this Constitution, COSTA, Mrs. LOWEY, and Mr. WALZ. statements on congressional earmarks, when ratified by the legislatures of three H.R. 257: Mr. KING of Iowa, Mr. GOHMERT, fourths of the several states, or by conven- Mr. DUNCAN of South Carolina, Mr. HARRIS, limited tax benefits, or limited tariff tions in three fourths thereof. and Mr. ROUZER. benefits were submitted as follows: By Mr. MARINO: H.R. 263: Mr. KING of Iowa, Mr. SMITH of OFFERED BY MR. CHABOT H.J. Res. 25. Texas, Mr. WEBSTER of Florida, Mr. BABIN, The provisions that warranted a referral to Congress has the power to enact this legis- Mr. POLIQUIN, Ms. STEFANIK, and Mrs. the Committee on Small Business in H.R. 5 lation pursuant to the following: HARTZLER. do not contain any congressional earmarks, Article V of the United States Constitu- H.R. 274: Mr. ISSA, Miss RICE of New York, limited tax benefits, or limited tariff bene- tion: The Congress, whenever two thirds of Mr. PETERS, Mr. GAETZ, and Mr. COOPER. fits as defined in Clause 9 of rule XXI. both houses shall deem it necessary, shall H.R. 276: Mr. SABLAN. OFFERED BY MR. CHAFFETZ propose amendments to this Constitution H.R. 277: Mr. LOUDERMILK and Mr. BISHOP . . . which . . . shall be valid in all intents of Utah. The provisions that warranted a referral to and purposes, as part of this Constitution, H.R. 299: Mr. THOMPSON of Pennsylvania, the Committee on Oversight and Govern- when ratified by the legislatures of three Mr. GARAMENDI, Mr. SENSENBRENNER, Mr. ment Reform in H.R. 5 do not contain any fourths of the several states, or by conven- DELANEY, Mr. LAMALFA, Mr. KING of New congressional earmarks, limited tax bene- tions in three fourths thereof. York, Mrs. COMSTOCK, Ms. BORDALLO, Mr. fits, or limited tariff benefits as defined in COSTELLO of Pennsylvania, Mr. BARLETTA, clause 9 of rule XXI. f Ms. BROWNLEY of California, Mr. HECK, Mr. OFFERED BY MR. GOODLATTE ADDITIONAL SPONSORS MARINO, Ms. MICHELLE LUJAN GRISHAM of The provisions that warranted a referral to Under clause 7 of rule XII, sponsors New Mexico, Mr. BLUMENAUER, Mr. MCCAUL, the Committee on Judiciary in H.R. 5 do not and Mr. SCHIFF. were added to public bills and resolu- contain any congressional earmarks, limited H.R. 302: Mr. HURD, Mr. NOLAN, Mr. tax benefits, or limited tariff benefits as de- tions, as follows: GARAMENDI, Mrs. COMSTOCK, Mr. HUDSON, Mr. fined in clause 9 of rule XXI. H.R. 5: Mrs. MIMI WALTERS of California, DEFAZIO, Mr. WALZ, and Ms. MCSALLY. The amendment to be offered by Chairman Mr. BISHOP of Michigan, Mr. HOLDING, Mr. H.R. 304: Mr. YOUNG of Iowa, Miss RICE of GOODLATTE, or a designee, to H.R. 5, the Reg- ARRINGTON, and Mrs. RADEWAGEN. New York, Mr. CALVERT, Ms. PINGREE, Mrs. ulatory Accountability Act, does not contain H.R. 29: Mr. SMITH of Texas, Mr. JOHNSON BUSTOS, and Mr. LANGEVIN. any congressional earmarks, limited tax of Ohio, Mr. HENSARLING, Mr. GARRETT, and H.R. 305: Mr. YARMUTH and Mr. QUIGLEY. benefits, or limited tariff benefits as defined Mr. HURD. H.R. 309: Mrs. RADEWAGEN, Miss RICE of in clause 9 of rule XXI. H.R. 38: Mr. GOWDY, Mr. CRAWFORD, Mr. New York, Mr. NOLAN, Mr. ROE of Tennessee, OFFERED BY MR. HENSARLING KELLY of Mississippi, Mr. PEARCE, Mrs. Ms. FRANKEL of Florida, Mr. TIBERI, Mr. H.R. 78 does not contain any congressional BLACK, Mr. ROSS, Mr. RODNEY DAVIS of Illi- MULLIN, and Mr. SWALWELL of California. earmarks, limited tax benefits, or limited nois, Mr. JOYCE of Ohio, and Mrs. BROOKS of H.R. 312: Mr. HECK and Mr. BLUMENAUER. tariff benefits as defined in clause 9 of rule Indiana. H.R. 314: Mr. MCCLINTOCK. XXI of the Rules of the House of Representa- H.R. 41: Mr. BYRNE. H.R. 315: Mr. YOUNG of Iowa, Miss RICE of tives. H.R. 74: Mr. GARRETT and Mrs. BLACK. New York, Ms. BEUTLER, Mrs. RADEWAGEN, H.R. 78: Mr. ROYCE of California. Mr. DEFAZIO, and Mr. ROE of Tennessee. OFFERED BY MR. HENSARLING H.R. 79: Mrs. RADEWAGEN, Mr. POSEY, Mr. H.R. 321: Mr. KILDEE, Ms. ESHOO, Mr. HURD, H.R. 79 does not contain any congressional WILLIAMS, and Mr. KNIGHT. Ms. STEFANIK, Mr. LOUDERMILK, Mr. TAYLOR, earmarks, limited tax benefits, or limited

VerDate Sep 11 2014 05:17 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.026 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 9, 2017 CONGRESSIONAL RECORD — HOUSE H237

tariff benefits as defined in clause 9 of rule OFFERED BY MR. HENSARLING ices do not contain any congressional ear- XXI of the Rules of the House of Representa- marks, limited tax benefits, or limited tariff The provisions in H.R. 238 that warranted a tives. benefits as defined in clause 9 of rule XXI of referral to the Committee on Financial Serv- the Rules of the House of Representatives.

VerDate Sep 11 2014 05:17 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.018 H09JAPT1 smartinez on DSK3GLQ082PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, MONDAY, JANUARY 9, 2017 No. 5 Senate The Senate met at 2 p.m. and was sume consideration of S. Con. Res. 3, Our caucus was and is concerned called to order by the President pro which the clerk will report. about the timely completion of the tempore (Mr. HATCH). The senior assistant legislative clerk standard paperwork and ethics clear- f read as follows: ance for nominees before proceeding A concurrent resolution (S. Con. Res. 3) full steam ahead with confirmation PRAYER setting forth the congressional budget for hearings and votes. Bear in mind, The Chaplain, Dr. Barry C. Black, of- the United States Government for fiscal year President-Elect Trump’s nominees pose fered the following prayer: 2017 and setting forth the appropriate budg- particularly difficult ethics and con- etary levels for fiscal years 2018 through 2026. Let us pray. flict-of-interest challenges. Many of We acknowledge today, O Lord, Your Pending: them come from enormous wealth. power, mercy, and grace. We need Your Enzi (for Paul) amendment No. 1, in the Many have vast holdings in stocks, and power, for the challenges we face re- nature of a substitute. very few have experience in govern- quire more than human wisdom and Sanders amendment No. 19, relative to So- ment so they have not been appro- strength. We need Your mercy, for we cial Security, Medicare, and Medicaid. transgress Your law and fall short of Sanders (for Hirono/Donnelly) amendment priately vetted for something like a Your glory. We need Your grace, for we No. 20, to protect the Medicare and Medicaid Cabinet post before. programs. cannot offer anything to merit Your What had been standard practice for favor or gain Your love. The PRESIDING OFFICER. Who the vast majority of nominees—the Lord, empower our Senators for to- yields time? completion of a preliminary ethics re- day’s journey. Give them confidence to If no one yields time, time will be view before their nomination—was draw near to You, that they may find charged equally to both sides. skipped over for the vast majority of grace to help them in this time of need. RECOGNITION OF THE MINORITY LEADER President-Elect Trump’s nominees. In May they pass their days in the com- The PRESIDING OFFICER. The fact, the independent Office of Govern- panionship of Your everlasting mercy. Democratic leader is recognized. ment Ethics went so far as to send a Enable them to learn the stewardship NOMINATIONS letter warning that ‘‘their [the Repub- of time, energy, and abundance. Tem- Mr. SCHUMER. Mr. President, last licans] schedule has created undue per their gifts with Your wisdom, as week, I expressed my sincere hope that pressure on OGE’s staff and agency You help them with their decisions. the majority leader and I could come ethics officials to rush through these Remind them that leadership can work to some agreement on the process of important reviews.’’ miracles with cooperation, but accom- nominations. He has negotiated in good The OGE office is nonpartisan. It has plishes little with criticism and bitter- faith, and we have made some progress. never been political so this has nothing ness. I sincerely appreciate his willingness to do with politics. ‘‘I am not aware,’’ We pray in Your Holy Name. Amen. to work with us so far. I do want to wrote the Director, Walter Schaub, ‘‘of f clarify why Democrats are doing this. any occasion in the four decades since Yesterday, my friend the majority OGE was established when the Senate PLEDGE OF ALLEGIANCE leader went on television and suggested held a confirmation hearing before the The President pro tempore led the that we were raising concerns about nominee had completed the ethics re- Pledge of Allegiance, as follows: the nominations out of pique or anger. view process.’’ I pledge allegiance to the Flag of the He chalked up these ‘‘little procedural The very same majority leader, my United States of America, and to the Repub- complaints’’ to ‘‘sour grapes,’’ and he friend Senator MCCONNELL, who sug- lic for which it stands, one nation under God, gested that Democrats were raising indivisible, with liberty and justice for all. suggested that Democrats ‘‘grow up.’’ We are not doing this for sport. concerns out of pique or resentment, in f Democrats feel very strongly that fact, raised the same concerns in 2009 RESERVATION OF LEADER TIME pushing for a thorough and thoughtful when he was minority leader. In fact, The PRESIDING OFFICER (Mr. SUL- vetting process is the right thing to do. then-Minority Leader MCCONNELL sent LIVAN). Under the previous order, the Here is why. The Democratic minority then-Majority Leader Reid a letter lay- leadership time is reserved. was and is concerned about the hearing ing out his prerequisites for time schedule, which is so jammed right now f agreements on the floor for President that several high-importance hearings Obama’s nominees. They are almost ex- CONCURRENT RESOLUTION ON will fall on the same day, depriving actly what Democrats requested. THE BUDGET, FISCAL YEAR 2017 Senators and the American people a I don’t bring this up to play gotcha. The PRESIDING OFFICER. Under chance to properly participate in the I am doing it to show that our requests the previous order, the Senate will re- vetting process of these nominees. are eminently reasonable and, in fact,

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S125

VerDate Sep 11 2014 00:45 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.000 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S126 CONGRESSIONAL RECORD — SENATE January 9, 2017 have been shared by leaders of both 2. The Office of Government Ethics letter thoroughly vetted, not just before the parties. I am going to read the letter is complete and submitted to the committee U.S. Senate but before the American because it is amazing how it mirrors in time for review and prior to a committee people. If, for instance, Representative our requests. It was sent to Harry Reid hearing. 3. Financial disclosure statements (and tax PRICE is for the privatization of Social from MITCH MCCONNELL in 2009, just as returns for applicable committees) are com- Security, but President-Elect Trump President Obama became President. plete and submitted to the committee for re- said he is not, what position is nominee Dear Harry: view prior to a hearing being noticed. PRICE going to take? Jamming all The Senate has the Constitutional duty to 4. All committee questionnaires are com- these hearings into 1 or 2 days, making provide its Advice and Consent on Presi- plete and have been returned to the com- members run from committee to com- dential nominations, a duty which we take mittee. A reasonable opportunity for follow- mittee makes no sense. After all, these seriously. In consultation with our Ranking up questions has been afforded committee Members, we reaffirm our commitment to members, and nominees have answered, with nominees are going to hold incredibly conduct the appropriate review of these sufficient time for review prior to a com- powerful positions for potentially the nominations, consistent with the long stand- mittee vote. next 4 years. To spend an extra day or ing and best practices of committees, regard- 5. The nominee is willing to have com- two on each nominee, even if it takes a less of which political party is in the major- mittee staff interviews, where that has been few weeks to get through them all in ity. These best practices serve the Senate the practice. well, and we will insist on their fair and con- order to carefully consider their nomi- 6. The nominee has had a hearing. nations, is well worth it. It is only fair sistent application. 7. The nominee agrees to courtesy visits Therefore, prior to considering any time with members when requested. that they are given a thorough and agreements on the floor on any nominee, we 8. The nominee has committed to cooper- thoughtful vetting and they abide by expect the following standards will be met: ate with the Ranking Member on requests the ‘‘long standing’’ ethics practices 1. The FBI background check is complete for information and transparency. that were established—and laid out and submitted to the committee in time for There will be additional requirements, review and prior to a hearing being noticed. quite clearly by the majority leader honoring the traditions of the Senate, for ju- himself—to ensure Cabinet officials 2. The Office of Government Ethics letter dicial nominees. These common sense stand- is complete and submitted in time for review ards and long standing practices will ensure were in good standing to work on be- and prior to a committee hearing. that the Senate has had the opportunity to half of the American people. 3. Financial disclosure statements (and tax fairly review a nominee’s record and to make Thank you, Mr. President. returns for applicable committees) are com- an informed decision prior to a vote. I yield the floor. plete and submitted to the committee for re- Sincerely, I suggest the absence of a quorum. view prior to a hearing being noticed. 4. All committee questionnaires are com- MITCH MCCONNELL, The PRESIDING OFFICER (Mr. BAR- plete and have been returned to the com- Republican Leader. RASSO). The clerk will call the roll. mittee. A reasonable opportunity for follow- Mr. SCHUMER. Mr. President, I plan The senior assistant legislative clerk up questions has been afforded committee to return the exact same letter to my proceeded to call the roll. members, and nominees have answered, with friend, the majority leader, with the Mr. MCCONNELL. Mr. President, I sufficient time for review prior to a com- same requests. In 2009, the then-minor- ask unanimous consent that the order mittee vote. ity leader called these benchmarks for the quorum call be rescinded. 5. The nominee is willing to have com- The PRESIDING OFFICER. Without mittee staff interviews, where that has been ‘‘common sense standards’’ and ‘‘long the practice. standing practices.’’ objection, it is so ordered. 6. The nominee has had a hearing. I agree with him. These standards do RECOGNITION OF THE MAJORITY LEADER 7. The nominee agrees to courtesy visits not indicate a lack of maturity. They The PRESIDING OFFICER. The ma- with members when requested. show an abundance of common sense, jority leader is recognized. 8. The nominee has committed to cooperate with the Ranking Member on requests just as his letter said. I remind the ma- f jority that several, if not most, of the for information and transparency. OBAMACARE There will be additional requirements, nominees have actually failed to meet honoring the traditions of the Senate, for ju- the qualifications laid out by this let- Mr. MCCONNELL. Mr. President, ear- dicial nominees. These common sense stand- ter given the hearing schedule. lier today I had a good conversation up ards and long standing practices will ensure The majority leader is fond of men- in New York with President-Elect that the Senate has had the opportunity to tioning that many Obama nominees Trump about a number of pressing fairly review a nominee’s record and to make issues. We talked about the upcoming an informed decision prior to a vote. passed quickly in 2009 and he asks that Sincerely, we do the same, but there is a big dif- Senate agenda, the President-elect’s MITCH MCCONNELL, ference between 2009 and today. Presi- nominees, and the way forward on re- Republican Leader. dent Obama’s nominees met all the pealing and replacing ObamaCare. As I Mr. President, I ask unanimous con- standards laid out in then-Minority told him, the Senate’s focus this week sent to have printed in the RECORD the Leader MCCONNELL’s letter. President- will remain on the process to repeal letter. Elect Trump’s nominees have not. ObamaCare and keep our commitment There being no objection, the mate- In 2009, every Obama Cabinet nomi- to the American people. rial was ordered to be printed in the nee had an ethics agreement in before ObamaCare has been a flawed system RECORD, as follows: their hearing. Every Obama Cabinet from the start, and things have gotten U.S. SENATE, nominee underwent a full FBI back- progressively worse over the last 7 OFFICE OF THE REPUBLICAN LEADER, ground check before the Senate consid- years. From skyrocketing premiums to February 12, 2009. ered their nomination. President-Elect dwindling insurers in the exchanges, Hon. HARRY REID, Trump’s nominees are way behind that ObamaCare has corroded insurance Majority Leader, U.S. Senate, Washington, DC. mark. markets across the country to a point DEAR HARRY: The Senate has the Constitu- I only ask, respectfully, that the Re- that is simply unsustainable. That is tional duty to provide its Advice and Con- publican majority follow the same set why we are taking action to bring resent on Presidential nominations, a duty of standards they had in 2009 when the lief to countless American families which we take seriously. In consultation shoe was on the other foot, especially who have been hurt by ObamaCare. Un- with our Ranking Members, we reaffirm our because these nominees raise par- fortunately, there are some who will commitment to conduct the appropriate re- ticular concerns. The standards we never accept the realities of this failed view of these nominations, consistent with the long standing and best practices of com- have laid out as leaders of both parties partisan law. They seem more inter- mittees, regardless of which political party address conflict of interest and secu- ested in messaging exercises than re- is in the majority. These best practices serve rity concerns. placing ObamaCare with real solutions the Senate well, and we will insist on their Of course, those are prime concerns, to improve health care. Catchy slo- fair and consistent application. but there is another concern as well. gans, expensive campaigns, or mes- Therefore, prior to considering any time These nominees have, even collec- saging amendments are not going to agreements on the floor on any nominee, we tively, very little experience or record expect the following standards will be met: undo the damage ObamaCare has 1. The FBI background check is complete in government. Many of them have caused. and submitted to the committee in time for taken positions quite different from Our Nation cannot continue on this review and prior to a hearing being noticed. the President-elect. They need to be trajectory as ObamaCare continues to

VerDate Sep 11 2014 06:25 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.002 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S127 unravel at every level, leaving Ameri- with the insurance rates of people who use disorders. Yet, today, pending be- cans to pick up the pieces. do have coverage going up in order to fore the Senate is a Republican budget We may not be responsible for the cover it. It winds up with the whole whose entire premise is to repeal cov- damage of this law, but we are com- rest of the medical system, in a very erage for the exact same vulnerable mitted to bring relief nonetheless. We chaotic way, being forced to deal with people who need access to treatment. will continue working this week to the consequences. Not only is that nonsensical, it is pass the legislative tools necessary to If we begin simultaneously to defund downright cruel for all those families begin clearing the way for repeal and the community health centers across and individuals who finally felt a sense then a different way forward that will the country and their ability to proof hope, the hope that new resources lower costs and increase choices from vide health care, then what we have is could mean the difference between life where they are now. a cascading impact that ultimately and death for their loved ones. If you There is no quick fix to undoing the hits those people who are the poorest, kicked this policy in the heart, you damage created by this broken and those people who are the most vulner- would break your toe. That is how complex law, and repeal is just the first able. They are the ones who are caught heartless it is going to be in terms of step in that process, but the sooner we in the crosshairs of this incredible, al- its impact upon ordinary families. act, the sooner we can begin bringing most unbelievable attack which the With this budget, Republicans are re- relief to those who need it. Let us con- Republicans are waging upon a health pealing the hope that has given fami- tinue working to keep our promise to care system that has already trans- lies a reason to ensure that they will the American people by passing legisla- formed the lives of 22 million people in have the coverage. This is going to tion that will help us finally move be- the United States. make the problem even worse. yond ObamaCare’s broken promises. It is unimaginable to me that we Medicaid pays $1 out of every $5 for The PRESIDING OFFICER. The Sen- could be in that kind of discussion substance use disorder treatment in ator from Massachusetts. right now on the floor of the Senate, the United States. Without Federal in- Mr. MARKEY. Mr. President, I rise but I understand it. This is ideological. vestment in the Medicaid program, to speak about this impending attack It is something that is completely and States like Massachusetts, New Hamp- upon the Affordable Care Act and the totally detached from the reality of the shire, Ohio, West Virginia, and Ken- impact it can have on the hospitals of benefits of the Affordable Care Act, as tucky, which are bearing the brunt of our country, in terms of draining rev- they have in fact already positively af- the opioid epidemic today, will have to enue from them; on the issue of the im- fected tens of millions of families in- find even more money in their already pact on community health centers side the United States. dwindling State budgets to aid those across our country and the impact it This week we are about to have an who need treatment. We all know what can have upon them; upon the impact incredible battle waged against the Af- happens in this scenario when States that the repeal of the Affordable Care fordable Care Act. Understand this, cannot find that money. The most vul- Act would have on the access of those right in the crosshairs are the hos- nerable among us, the ones who don’t who are addicted to opioids who need pitals of our country, not just the fa- have a voice, are the ones who will suf- help for opioids, who are in a situation mous, big hospitals we all know the fer the most. The repeal of Medicaid expansion where they are going to need the Af- names of but Catholic hospitals across would rip coverage from an estimated fordable Care Act, the access to cov- our country, hospitals that provide the 1.6 million newly insured individuals erage, so their problems can be taken service for people now under a much with substance use disorders. At the care of. more orderly system than they would same time, repeal will put big insur- So this is no small threat. In fact, have done if we had never put the Af- ance companies back in charge. If the this goes right to the core of what fordable Care Act on the books in the Republicans have their way, insurance started in Massachusetts back 10 years first place. companies would be able to discrimi- ago when we as a Commonwealth de- At the forefront of all these issues, nate against people, including individ- cided that care for people who needed though, is this largest of all public uals with a preexisting condition like health care was going to be made avail- health epidemics that has ever faced an addiction disorder. OxyContin, her- able to them. We have proven in Massa- the country, the heroin and prescrip- oin, fentanyl coverage—gone under the chusetts that we are able to provide tion opioid epidemic, like OxyContin, proposal the Republicans are making which is claiming the lives of more health care for 98 percent of our popu- on the Senate floor this week. lation, at the same time having an un- than 90 people every single day across Let’s recognize that the Republicans employment rate of 3.2 percent, while this country. In Massachusetts alone, are not just repealing ObamaCare; they simultaneously having the highest when all the final numbers have been are repealing hope. Those suffering scores for kids in the 4th, 8th, and 10th gathered, 2,000 people will have died in from addiction don’t have time for Re- grades in math, verbal, and science, the State of Massachusetts in the year publicans to come up—possibly, maybe, while having the strongest protections 2016, and 1,500 of them will have been potentially soon, sometime, in the infor the environment in the United found to have had fentanyl in their definite future—with a replacement States, while having an energy effi- blood system. This is an epidemic of plan. ciency standard that is the tops in the unbelievable proportions. Fentanyl is There are 1.6 million people who have United States. the Godzilla of opioids. It is powerful insurance for substance disorders right We have proved conclusively that it and deadly and knocking people down now for heroin, for OxyContin, for is possible to ensure that people do, in the streets all over Massachusetts, all fentanyl. These are the people who fact, receive access to the health care over New England, and all over our could potentially die because they which they need while simultaneously country. People are being robbed of don’t have medical coverage. What is discharging our responsibilities to the their potential and God-given abilities the plan the Republicans have to deal economy, to education, to the environ- from this epidemic that knows no so- with these 1.6 million people who are ment, to all of the other interests, all cioeconomic, ethnic, or political already under a substance disorder of the other important stakes that we boundaries, and Congress has recog- medical coverage plan? What is their have in our country to ensure that nized the importance of tackling the plan for these families who are already they are given the attention which Tsunami of heroin and prescription desperate for the medical help they are they need. opioid addiction that is laying waste to going need in order to stay alive, in It would be tragic if what we did as these communities. order to get the help they and their part of the Affordable Care Act was to Just 1 month ago, on the Senate families need? Those families know once again flood the emergency rooms floor, Republicans and Democrats came that any delay in a replacement being of America with people who otherwise together and passed a bill to provide $1 put on the books could be the dif- would have had health care coverage billion in new resources to States to ference between getting clean or get- under the Affordable Care Act. That is address the opioid crisis, resources that ting buried. a system we have used for 100 years, can be and are being dedicated to in- This repeal effort is the worst kind of and it doesn’t work because it winds up creasing access to treatment for opioid bait and switch. It is happening at a

VerDate Sep 11 2014 00:45 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.004 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S128 CONGRESSIONAL RECORD — SENATE January 9, 2017 time when the American people can Here is what the Republicans are say- It has been the hallmark of what the least afford it. Repeal is being done at ing to Grandma and Grandpa: Yes, the Northwest health care delivery system the same time the Republican budget Affordable Care Act extended the sol- has been all about. Yes, that is right. gives billions, tens of billions, hundreds vency of Medicare 10 years beyond 2017. We get less money and deliver better of billions of dollars to corporations We are repealing that bill. So, insol- outcomes. It is not because we all like and to the wealthy in tax breaks. So vency comes almost immediately to to hike, although there are many look at that as the balance we are talk- the Medicare system. What a great sig- Washingtonians who like to hike. It is ing about: 1.6 million people who have nal to send to Grandma and Grandpa because we have had to make do with an addiction, a substance abuse prob- this year with this bill on the Senate less, and we have built a better system. lem, lose their coverage, but billion- floor: insolvency of the Medicare sys- We hope the rest of the country can aires and corporations get the money tem, the one thing that Grandma and move forward along similar lines. through tax breaks that are going to be Grandpa, and, by the way, everybody So I am here to talk about the Af- saved from cutting those programs for else inside every family in America is fordable Care Act and the many as- those who have a medical problem. depending upon to take care of Grand- pects of it that are so important to our That is immoral, ladies and gentlemen. ma and Grandpa. Nation in actually slowing health care That is plain and simply immoral. So will the budget before us return You cannot give tax breaks to the the savings they are expecting from costs and reducing our deficit. That is wealthiest in our country until you this bill to the hospitals to help them one of the cornerstones of why we did take care of those who are the sickest, cover the cost of Grandma and delivery system reform and why we did until you take care of those who are Grandpa? No. For that to happen, health care reform. We needed to slow most in need, until you take care of Medicare costs will go up. Higher costs the rate of health insurance increases, those with substance abuse disorders in will lead to higher premiums for every and we needed to lower the costs for us our country. It is immoral to cut the enrollee in Medicare Parts B and D. as a nation as well for the private sec- programs so you can give tax breaks to These higher costs will also be realized tor. That was the task at hand. So to the wealthiest within our society. in the entirety of the Medicare Part A my colleagues who are ready to repeal We will not save lives and stop this program, reducing the time of insol- all that, I ask you to wait. I ask you to scourge by paying lip service to pro- vency from 2028, down to 2024, 2023, stop and think about what we are viding treatment, but this is not the 2022, or even earlier. doing, and before you repeal, think only casualty of this misguided budget Those results are unacceptable to the about what we are going to put in its before us. The hospitals that each and Members of this Chamber and to their place because this is such an important every one of our constituents depends constituents, so it is now going to be a issue. upon are also at risk. The Affordable historic debate that we have. We can What does the Affordable Care Act Care Act became law in no small part decide instead to simply not cut off the mean? One of the aspects that I think due to the support of those hospitals 20 million Americans from the insur- is getting lost in this debate is that across the country. During that debate ance they need. We can ensure that people are talking about what has hap- they knew full well the impact that a hospitals have the resources to focus pened in a percentage of the individual lack of insurance had not just on indi- on the care for patients when it mat- market. They are talking about the viduals but on the entire health care ters most. We can keep the promise to plans as they related to last October system. America’s seniors that Medicare will and what happened with rate increases. The hospitals are on the frontlines of be there to cover their needs when nec- Some people said: Oh, well, a lot of pro- witnessing the financial burden that essary. viders went out and offered a lot of uninsured patients have on the system. I thank the Presiding Officer. low-ball coverage costs and came back We tell them they can never turn away I yield the floor. with higher rates later. Some people a patient in need; then, when these pa- I suggest the absence of a quorum. said: Some of the pools aren’t big tients cannot afford to pay for the The PRESIDING OFFICER. The enough. Some people said: Well, the care, it is up to the hospitals to foot clerk will call the roll. coverage we are going to guarantee is the bill. So the hospitals told us that if The senior assistant legislative clerk going to help. But the issue is that the we worked to reduce the number of un- proceeded to call the roll. Affordable Care Act is much more than insured they had to care for, then they Ms. CANTWELL. Mr. President, I ask just what we tried to do in the indi- would help us pay for improving the unanimous consent that the order for vidual markets. It is about providing entire system. the quorum call be rescinded. affordable coverage, but it is also about They did pay, in no small part. That The PRESIDING OFFICER (Mr. CAS- reducing costs, improving the health is why we have a new system in our SIDY). Without objection, it is so or- care delivery system, protecting wom- country. As part of the ACA, the hos- dered. en’s health, and saving the taxpayers pitals agreed to give up over $150 bil- Ms. CANTWELL. Mr. President, I money. I hope my colleagues on the lion in payment reductions between look forward to having this discussion other side of the aisle will think about 2010 and 2019. Those payment reduc- this afternoon about the Affordable all of these issues—providing afford- tions came largely from Medicare and Care Act and the many votes and ac- able coverage, reducing costs, improv- were attacked relentlessly by oppo- tions that are going to be taking place. ing the health care delivery system. I nents of ObamaCare as an act to de- I especially look forward to having this warn my colleagues that if you repeal stroy the program, but the prophesied discussion with the Presiding Officer the Affordable Care Act and take away destruction did not occur, and the im- because I know his State is greatly impact on Medicare has been quite the op- pacted by the health care delivery sys- its improvements to the delivery sys- posite. tem and its shortfalls, and I look for- tem, you are going to balloon the def- Since passage of the Affordable Care ward to discussing with him some of icit, and that is something that we Act, Medicare has seen its lowest per- the many ideas that our colleagues cannot afford. member rate of spending growth in its have. What am I talking about when I say 50-year history. Premiums paid by en- I will say this at the outset of my ‘‘affordable coverage’’? Well, let’s take rollees in Medicare Parts B and D have comments. I am willing to work with Washington State, for example. I am gone down. Perhaps most importantly, anybody to improve our health care de- sure the Presiding Officer could take the savings have contributed to keep- livery system. I am willing to discuss his State also, but in our State, there ing our promise to America’s seniors with anybody what we need to do to are 3 million Washingtonians with pre- by ensuring that the program will con- improve the quality of health care for existing conditions who are guaranteed tinue to be there for them. Medicare’s Americans, and I am specifically inter- coverage; there are 50,000 young adults projected insolvency in the year 2017 ested in making sure that we improve who can keep coverage through their has been extended for over a decade. the outcomes of many Americans’ parents’ plans; and more than 600,000 All of this is possible, thanks to Amer- health care and that we also lower Washingtonians have been covered by ica’s hospitals. costs. the Medicaid expansion.

VerDate Sep 11 2014 00:45 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.006 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S129 To me, the Medicaid expansion is when in reality we were seeing double- We want everybody to have a medical about simple math. Medicaid is ex- digit increases, and now we are seeing home. We want everybody to have a de- panded because it is the most cost-ef- the cost growth of health care go down. livery system that rewards outcomes, fective, economical way for that popu- So going back to the chart for a sec- and that is what we are driving for, but lation to get health care coverage and ond, this projection is so big because of the debate in Washington has not been to be part of the health care system, many factors. This is about changing over this issue of where Americans get keeping our costs down and keeping the delivery system; this is about mak- their insurance coverage. As you can that population healthy. ing sure that there are not exorbitant see from this chart, 49 percent of Amer- Depending on what State you are amounts of uncompensated care; and icans get insurance through work, 34 from and what philosophy you have as this is about making sure that we don’t percent of them through Medicare and an individual, you may not be for Med- overspend on the health care delivery Medicaid and other public programs, icaid expansion. There have been many system. I can imagine that for some and then a much smaller percentage times that across the aisle we have States this must be the most frus- are uninsured or in the individual mar- been able to come to terms on Med- trating issue, particularly if the reim- ket. The debate now is over the indi- icaid expansion and on the CHIP pro- bursement rate has led to a population vidual market. The debate is over the gram because we believe that having a that is constantly underserved because 7-percent number. healthier population is a good econo one wants to see those patients. We In some States, the individual mar- nomic policy for our Nation. After the in the Northwest have had that frustra- ket was out of whack for a variety of Affordable Care Act implementation, tion because we get somewhere be- reasons. Maybe the risk pool was too we actually have results, studies, and tween $1,000 to $2,000 less—maybe even small, maybe insurers went too low on analysis by various States in the Na- more—per Medicare beneficiary than their original estimates, maybe they tion that have said that expanding the many other States in the country. made some changes that didn’t work in Medicaid population has helped our That has led to a situation where peo- that marketplace, but that doesn’t economy and has helped our States ple don’t even see Medicare bene- mean we throw out all of the Afford- overall. So I would say to my col- ficiaries in parts of our State. That is able Care Act that is doing such great leagues, please do not repeal the Med- right. People have to travel a great dis- work just because 7 percent of the pop- icaid expansion. Please do not put tance to find a doctor because they ulation in the individual market needs these people back on the street with can’t find one because of the Medicare further attention. It doesn’t mean that their health care problems and health reimbursement rate. we repeal all of this. It certainly care issues and increase the cost of un- My solution is, if we are providing doesn’t mean that we give this uncer- compensated care. That is not a strat- health care in my State with better tainty to the American people about egy. outcomes and lower costs, I shouldn’t whether they are going to have health What else do we want to do? We want be penalized for that; I should be re- care coverage and give the illusion that to drop the rate of uninsured Ameri- warded. Every other State should try the other side of the aisle is doing any- cans. The Affordable Care Act has done to practice medicine that actually thing but taking the system and cap- that, decreasing by more than 40 per- helps us lower the costs. ping Medicare and Medicaid, giving out cent the number of uninsured Ameri- So why are we working on this issue? a check that never keeps pace with in- cans. Less than 9 percent of Americans The Affordable Care Act has contrib- flation, and then taking the savings are now uninsured. In our State, the uted to slower cost growth. Medicare from the system and channeling it into uninsured rate has dropped to 5.8 per- spent $473 billion less in the 5-year pe- corporate tax reform relief. No, no, no, cent, which is a nearly 60-percent de- riod from 2009–2014 compared to the no, no. We need to make the health crease. For us in the State of Wash- benchmark—compared to what would care delivery system work for the ington, we have more people covered. have been done if we did nothing. So, American people, deliver better out- The Affordable Care Act is covering my colleagues on the other side of the comes, and continue to make reforms. more people, so we have taken more aisle, I know you are all for repeal. What are the innovations that we are people out of the uninsured market. Where will you replace this money? talking about in the delivery system? The way the other side of the aisle Where are you going to come up with Well, my colleague, the Presiding Offi- would like to describe this is that the those savings? If you come to the floor cer, will know, because he understands whole thing is falling apart because of and say that you don’t want to repeal health care, that the innovation in some changes and shifts in the indi- the delivery system reform that we health care is about everybody having vidual market, but the facts are there fought so hard for and crafted, that you a medical home. Why do you need a that the law is not only expanding cov- are willing to make those changes and medical home? You need a medical erage but lowering costs. Looking at keep the delivery system, we will be home because you need to be seen, not what health care costs would have been listening with open arms and great re- by the emergency room physician but over the last decade has always been a ceptivity because there are many peo- by your doctor and someone who is tricky issue. The rates of health care ple on this side of the aisle who have going to understand your health care costs were going up. I like to say that worked very, very hard on these re- needs. we may want health care costs to keep forms. We need to make investments in pri- pace with the rate of inflation—and I In the private sector, we have also mary care and prevention and wellness. will give health costs a little bit of an slowed the rate of growth in insurance I am sure the Presiding Officer under- inflationary bump because of tech- premiums. I am talking now about the stands that we don’t have enough pri- nology and new innovation. It is not employer-based plans. We slowed the mary care providers in the United the same as the rate of inflation for ev- rate to one-third of what it was before. States. We need to change our system erything else, but at the same time, we Individuals are seeing lower increases for the GME; that is, graduate medical shouldn’t be seeing double-digit in- than what they would have had to pay education, so we can get more primary creases in the costs of health care. Our before these reforms. care providers. goal was to change the system to the So what is the debate about now? We also need to focus on health and degree that we would see health care What we are trying to do in health care wellness. That is what the Affordable costs more in line or a little bit above reform is improve health care by de- Care Act does. It starts to look at the the rate of inflation. creasing costs, having better patient system and rewards prevention and This chart shows the national ex- outcomes, and helping doctors spend wellness. The Affordable Care Act says: penditures for health care on the dot- more time with their patients than OK, let’s try to do this in a new way. ted line on these actual and most re- with their paperwork. This is critically Accountable care organizations aim for cent projections of what the health important because what we are seeing a global budget instead of all the pa- care system is doing now compared to in the United States is doctors spend- perwork that has to happen. A provi- what it would have been before the Af- ing more time on the paperwork of the sion I authored, the Basic Health Plan, fordable Care Act. So again, people are system than on the actual outcomes of which is being used in the State of New debating over what these increases are, their patients. York, is showing results in lowering

VerDate Sep 11 2014 06:25 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.008 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S130 CONGRESSIONAL RECORD — SENATE January 9, 2017 the costs of premiums, giving afford- check that no longer pays for your full It is because in my State, like in ability to people well beyond what they health insurance costs, you are going most others, Medicaid pays beneath were able to otherwise get. to get capitated and so is Medicare and the physician’s cost of seeing a patient. The other idea is rebalancing nursing Medicaid—or at least that is all we can To paraphrase Saint Paul, it is the illu- care to community-based care. Twen- get out of the other side right now sion of coverage without the power of ty-one States applied for and were ap- about their plans. access. proved to do rebalancing. A lot of these It is very important to me that we do I will point out, the week ObamaCare States were Republican States in the not repeal the Affordable Care Act and passed, there was an article in the New South that took the money from the that we certainly don’t repeal the Af- York Times, written by a very re- Affordable Care Act and bought into fordable Care Act without any idea spected journalist, Robert Pear, track- this really smart notion. It says: Let’s what it is that we are going to be doing ing a Medicaid patient in Michigan. rebalance away from nursing home instead. We have millions of Americans The physician, the oncologist seeing care into community-based care, and who will not be covered, and we are her, had so many Medicaid patients, we as the Federal Government will going to throw away our whole system, the oncologist was going bankrupt be- help incent that. So all the Republican which has managed to save private em- cause she could not afford to pay her Governors that took that money from ployers and individual families mil- bills so she had to discharge the Med- the Affordable Care Act to try to rebal- lions of dollars—I would say billions of icaid patients from her practice. ance their population away from a very dollars over the time period of this leg- I followed up to find out what would expensive delivery system to a new de- islation and put us on the right track. happen, and 2 weeks after being dis- livery system, are they now going to If we have to make some changes and charged from this oncologist’s prac- pay us back? Is that what repeal is adjustments to the system, let’s make tice, the patient died. This is Medicaid, going to mean, that we are going to some adjustments and changes to the which is so critical to the purported ask them to pay us the money back or system, but let’s not throw out the en- success of ObamaCare. that we are going to forgo this notion tire legislation, and certainly let us Is it that we are not spending enough that moving people out of nursing not steal away the Affordable Care Act money; that maybe if we just spent a homes and keeping them in their com- from the American people. little bit more on Medicaid it would all munity homes is more important? Basically, that is what repeal is. Re- be better. I will tell you this. We have a prob- peal is stealing away the affordability A study from MIT found that 60 per- lem of an aging population in the they have been granted over these last cent—let me stop. The State of Oregon United States of America, and the best several years and instead taking it for did an expansion of Medicaid so re- thing we can do is help change the de- some other corporate interest. I hope it searchers from MIT and elsewhere went livery system so it is more cost effec- is not to stuff it into a tax reform bill to study it. This study found that 60 tive for the future. That is what the to give relief to corporate America be- percent of the dollars used for the Or- Affordable Care Act did. cause that is not what we need. We egon Medicaid expansion went to insti- The Center for Medicare & Medicaid need a delivery system that works for tutions, not for patients—as little as, Innovation, which is also a part of the everyone. We need to save those indi- say, 20 percent to 40 percent—but as Affordable Care Act, drove in some in- viduals by making sure there is a cost- little as 20 percent of the money that credible efficiencies. The Secretary effective health care option for them was put toward the Medicaid Program just spoke today at the National Press and the marketplace, and I look for- actually was a benefit for the patient. Club, talking about focusing on better ward to seeing real and serious legisla- Let me repeat this. As much as 60 per- managing care for many people af- tion—not a poster board but a solution. cent went to benefit institutions, not fected with diabetes because they are I love working with my colleagues patients. They also found that patients one of the biggest cost drivers. So all of who want to work on these ideas. I do. on Medicaid did not have improved this innovation is part of the Afford- I will because this is a solvable prob- outcomes. Think about this. We are able Care Act. Are we going to repeal lem. It is. We have shown that. We giving everybody all of this coverage. that, too? Are we going to repeal all have enough results. We have to make It is supposedly wonderful. Yet when those health care delivery reforms that some adjustments, but repealing is just they went back 1 year later and 2 years are helping reduce the cost of health stealing health care from hard-working and 3 years later and looked at the pa- care? Americans. I urge my colleagues to tients covered on Medicaid—versus So what does repeal actually mean? turn that down. those who were not, those who contin- I am taking it from two different I thank the Presiding Officer. ued to be uninsured—there were no bet- sources here; that is, a full Republican I yield the floor. ter health outcomes among those who repeal of the Affordable Care Act will The PRESIDING OFFICER (Mrs. are on Medicaid. increase the deficit by $350 billion over CAPITO). The Senator from Louisiana. If we can’t agree this is a program to 10 years. Mr. CASSIDY. Madam President, I reform, it is going to be hard to agree Why does the Congressional Budget rise to address a very important issue on anything. Office and the Committee for a Respon- in regard to the health care of our For those who are not familiar with sible Federal Budget say that? Why do poorest Americans and discus my plan, Medicaid, let’s talk a little bit about they say that? Why would they make the Medicaid Accountability and Care the program. Medicaid is a Federal- such a claim? Because they know that Act, or the MAC Act, which is also in- State program. The Federal Govern- built into the Affordable Care Act are cluded in my ObamaCare replacement ment provides a certain percentage—a changes to the health care delivery plan which would address the failings different percentage for each State— system that improve access, focus on of our current Medicaid system. My but the State actually administers the better outcomes, and change our sys- colleague from Washington just program. In some States, the Federal tem for the better. We cannot afford to extolled the virtues of ObamaCare. As Government pays 50 percent of the repeal this as a way to try to say to she pointed out, Medicaid clearly is a cost. It can go up as much as 75 percent our base: This is a better way of deliv- major part of the ObamaCare kind of of the cost. In Mississippi, they put up ering health care. response so it is apropos I would follow. $25, they get $75. In a State such as What does the Affordable Care Act I wish to first tell you my perspec- New York, they would put up $50 and come down to? tive. I am a physician, and I had been get back $50 so it is a 1-to-1. The philosophy we pushed through is working in a hospital for the uninsured This open-ended financing structure to put the patient at the center of the for 25 to 30 years, until they blew it up. is based solely on how much the State health care delivery system so that it I saw prisoners, the uninsured, and spends. I will agree with my colleague works for them. The repeal attempt by Medicaid patients. You might say: from Washington State. We should not the other side is nothing more than ba- Wait a second. Medicaid, it is insur- reward States that spend inconti- sically saying we are going to come up ance. Why would somebody with Med- nently. We should not reward States with a model where you are not at the icaid insurance be seen at a hospital that just spend, but under Medicaid, center of this, you are going to get a for the uninsured? the State is rewarded. The more it

VerDate Sep 11 2014 00:45 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.009 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S131 spends, the more it draws down from look not at my own State but Ken- rolled. The plan empowered low-income the Federal Government. tucky, a State which has been at this enrollees to become better consumers I always smile when people speak for a little bit longer. The previous of health care. Hoosiers who partici- about the economic development of Governor, Governor Beshear, imple- pated—for those not from Indiana, I Medicaid expansion. Medicaid expan- mented the ObamaCare Medicaid ex- have learned you don’t say Indianans, sion is not about economic develop- pansion—-just kind of traditional Med- you say Hoosiers. So Hoosiers who par- ment. It should be about taking care of icaid—and expanded it. ticipated changed behaviors. They use patients, but I understand that per- Again, my colleague from Wash- 40-percent less charity care than tradi- spective because they pull down at ington State was extolling how much tional Medicaid patients. Seventy per- least $1 for every dollar the State ObamaCare has lowered costs. When cent contributed to their own HSA. spends, sometimes at the 75-percent Kentucky originally implemented it, Once they started contributing, vir- ratio. Under the ObamaCare Medicaid they expected the long-term cost of tually all continued to do so regularly. expansion, States have been drawing Medicaid expansion to be only a 4-per- That is despite 83 percent of those par- down 100 percent of what they spend. If cent increase in their current State ticipants in the Healthy Indiana Plan the State is going to draw down 100 spending on Medicaid. After only 1 year earning less than the Federal poverty percent of what it spends on the Med- of the expansion, updated projections level. Those Healthy Indiana Plan pa- icaid expansion population—surprise, showed the expansion cost the Federal tients also saw clear improvements in surprise—they are actually spending at Government more than half a billion care over traditional Medicaid. They a higher rate on the expansion popu- dollars more than Governor Beshear decreased their emergency room utili- lation than on those Medicaid patients had projected for 2014, and this will zation by 40 percent relative to Medic- for whom the State actually has to double in the coming years, meaning aid’s average. Thousands more physi- cover part of the cost. that the Medicaid expansion will cost cians chose to take Medicaid patients. The Federal Government has very $1 billion more per year than expected. Remember, at the beginning, I dis- little ability to weed out the corrup- Again, this was the projected cost. This cussed how physicians often can’t see tion of the inefficient programs. Again, Medicaid patients. It pays them below is the actual cost. this matching incentive disincentivizes If this is saving money—oh, my gosh. the cost of their seeing patients. In In- States from looking for ways to be What would happen if we actually lost diana, thousands more chose to take more efficient, but, still, States have money? By anybody’s calculation, this Medicaid patients, improving access to to balance their budget every year and is losing money. This has been the situ- quality care. Clearly, the Healthy Indi- Medicaid is either the second largest or ation across the country. States that ana Plan was able to work for Indiana largest budget item in every State. have expanded Medicaid have turned patients. This is the sort of quality in- Even though the Federal Government out to be far more expensive for the novation that States can devise if we is paying 50 percent to 75 percent of the Federal taxpayer than originally an- give them the power. traditional Medicaid population and Now, revising the current funding ticipated. Again, it just isn’t a Federal 100 percent of the expansion popu- structure would also encourage States program. Like many other States lation, the State taxpayer is still on to follow Indiana’s example and de- across the Nation, Kentucky is facing the hook for a lot. On average, States velop innovative Medicaid programs to serious fiscal issues. They do not have spend 17 cents of every State dollar on increase the efficiency in which the $1 billion lying around. Medicaid. My State of Louisiana has program spends money. Again, that is On its current path, Kentucky’s own the highest percentage. Nineteen per- Federal taxpayer money. That is our projections suggest the State will start cent of our budget goes to Medicaid. money. For those watching right now, losing $45 million in perpetuity begin- The percentage is steadily increasing, it is our money. We want to encourage ning in 2021. This is a 10-percent in- nearly doubling since 2000. Sooner or States to be efficient with how they crease. The Federal Government is put- later, even though the Federal Govern- spend it. There should be greater flexi- ting up most, but Kentucky itself will ment covers the majority of the cost, bility to design the Medicaid program have to put up an extra $45 million per the budget crunch gets more difficult to better meet the needs of State resi- year. because the rate of Medicaid spending dents. States will be given the latitude Also, given that the Federal tax- is climbing faster than the State tax and the freedom to develop various payer—you and me, us, the people base. coverage options and specialized deliv- Because of all the Federal require- watching on TV and in the Gallery— ery systems for different Medicaid pa- ments on what a State can change in given that we, the Federal taxpayer, tient populations. the Medicaid Programs, in order to put up 90 percent of Kentucky’s costs— This is why I developed the Medicaid come up with the State match, States well, every State’s costs, we just hap- Accountability and Care Act, which we have two options. They can pay pro- pen to be speaking about Kentucky— call the MAC Act. It reforms the flawed viders less or they can cut other pro- but every State’s costs are 90 percent financing of Medicaid by giving each grams such as education and move the of the costs in perpetuity. As this cost State a set amount according to how money to the Medicaid Program. grows, taxpayers are on the hook for 90 many people each State has enrolled in First, paying physicians less brings percent of it. Such a deal. the different categories that each us back to the situation Robert Pear It doesn’t have to be this way. Let State’s Medicaid program treats. That described in his New York Times arti- me compliment Indiana. When Vice is a mouthful, but it is basically ex- cle, where the oncologist was going President-Elect MIKE PENCE was Gov- actly like the Federal Employees bankrupt because she could not afford ernor of Indiana, rather than adopting Health Benefits Program or like any to see more Medicaid patients. kind of ObamaCare’s let’s do the tradi- employer who goes to an insurance Let’s speak a little bit about edu- tional Medicaid and watch the cost ex- company and says: I want to give you cation. I am just going to use my plosion—he took an innovative ap- a set amount of money per employee hands. In 1963, the State government proach and created the Healthy Indi- who enrolls in your plan. For that mat- used about that much for education ana Plan or HIP as an alternative to ter, it is like Medicaid managed care, and when Medicaid started in 1964 or simply doling out the dollars. The plan where the State will go to a managed 1965, about that much for Medicaid. In gave each beneficiary a high-deductible care company and give the managed 2009, for the first time ever, on average, plan in combination with a health sav- care company a set amount per en- States spent more on Medicaid than on ings account. It was capitated. Again, rollee in that plan. education. Now the percentage on Med- my colleague from Washington who Now, I hear people say: Oh, my gosh, icaid continues to climb, if you will, just spoke kind of criticized these it is a set amount. That is all we do in cannibalizing the State dollars that capitated plans, which means there is a health care, except in Medicaid, where could be used to support higher edu- set amount, and the person is, if you we reward inefficient spending. So if it cation, primary and secondary edu- will, engaged in managing her dollars. is good enough for the State to do it to cation. The State will put up a certain the Medicaid managed care program, Let’s look at the effect of the amount on a sliding scale based upon why isn’t it good enough for the Fed- ObamaCare Medicaid expansion. Let’s the income of the Hoosier who en- eral taxpayers to do it to the State? I

VerDate Sep 11 2014 00:45 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.011 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S132 CONGRESSIONAL RECORD — SENATE January 9, 2017 am not quite sure I understand the ican people have found it wanting. One transition from the outgoing adminis- critics of this approach. aspect of it that has been wanting is tration to the new one. That should be But, again, under the Medicaid Ac- Medicaid. We have a proposal before us true no matter what side of the aisle countability and Care Act, or the MAC based upon my experience of treating you are on. Unfortunately, I think Act, each State would tell the Federal patients in the hospital for the unin- some of our Democratic friends are Government how many beneficiaries it sured and Medicaid but also taking still in some shock from the election has in different categories of Medicaid States like Indiana and elsewhere in on November 8. and the Federal Government would which we attempt to give States the I remember a book written on the give each State the amount of money initiative to create specialized pro- grieving process, describing that first appropriate for that number of enroll- grams that focus on patient-centered comes denial, then comes anger, and ees in each category. The advantage of care. In that way, we will see better then ultimately acceptance. I think this is it is a set amount. It allows the outcomes. The current Medicaid fund- what our Democratic colleagues have Federal Government to do that, which ing system under ObamaCare works to work through is their denial and it does not do now; and that is, to say against States, penalizing them for ad- anger to get to acceptance of the fact to the State government: If you re- dressing fraud, abuse, and waste. This that President-Elect Trump and Vice cover fraud, you can keep that money. must change. We need to change this President-Elect PENCE won the elec- Now, let’s go back. Under the current broken framework with a system that tion. situation, the Federal taxpayer pays 50 will work with States to get their Med- So what is our responsibility? It is to to 75 percent of the State’s Medicaid icaid programs back on track, bene- work in a bipartisan basis to make sure costs. If there is fraud—and there is fiting their patients as much as pos- that they have the people around them lots of fraud in Medicaid—and the sible. that they need in order to run the gov- State government recovers it, it has to With that, I yield the floor. ernment. give back to the Federal taxpayers Madam President, I suggest the ab- We are simply trying to stick to the whatever the percent was the Federal sence of a quorum. same standard set under President Government put up. So if the State The PRESIDING OFFICER. The Obama. In 2009, our Democratic col- goes out and recovers $1 million— clerk will call the roll. leagues held seven confirmation hear- spends money on the attorneys, spends The bill clerk proceeded to call the ings in one day. That is more than we money on the investigation, on the roll. are planning to do on Wednesday. So court case, and it recovers $1 million— Mr. CORNYN. Madam President, I my response to our friends across the it has to give half a million to $750 mil- ask unanimous consent that the order aisle is to listen to the junior Senator lion back to the Federal taxpayers. It for the quorum call be rescinded. from Connecticut, who told a reporter: is responsible for the prosecution, the The PRESIDING OFFICER. Without ‘‘I can figure out how to walk across investigation, but it gives most of the objection, it is so ordered. the hall and attend two hearings occur- money back to the Feds. So the States NOMINATION OF JEFF SESSIONS ring simultaneously.’’ don’t investigate because it is a dis- Mr. CORNYN. Madam President, as One of the most important hearings, incentive to go after fraud. my colleagues know, this week we will in my mind, we will hold is the hearing Under the MAC Act, if the State goes take up the nominations of the men we are going to have in the Judiciary out and gets $1 million worth of fraud, and women who President-Elect Trump Committee starting tomorrow on the the State keeps the money. That is has selected for his Cabinet. I have to President-elect’s nominee as Attorney good for the State. It encourages the say, for myself, that looking at the General—our friend Senator JEFF SES- State to root out that fraud and to quality of the people the President- SIONS. As I said, the junior Senator keep the money and to make sure that elect has nominated gives me quite a from Alabama has a lengthy history fly-by-night scam artists never get to bit of reassurance about what his ad- serving his State and country in law become Medicaid providers in the first ministration will be like, starting with enforcement, but his passion for public place. the Vice President, MIKE PENCE. Mr. service started long before that. The MAC Act’s reforms will result in PENCE is somebody well known to Before we knew him in the Senate, improved health care for Medicaid pa- those of us here in the Congress, hav- JEFF SESSIONS was an Eagle Scout tients. ing served 12 years in the House of Rep- from Hybart, AL. He later served in the I will go back to where I started. resentatives, and then he went on to be Army Reserves. After college, he I am a physician who worked in a the Governor of Indiana for 4 years. He taught at Goode Street Elementary hospital for the uninsured and Med- is eminently qualified to help the ad- School in Montgomery, AL. I bet even icaid patients. These are my patients. ministration and the President-elect those of us who have known him a long If this proposal was not about improv- navigate the perils and pitfalls of the time did not know that he taught at ing patient care, I would not advance legislative process here in the Senate Goode Street Elementary School in it. But recall that Oregon, with their and in the House. Montgomery, AL, after college. Then Medicaid program, upon review by Then we look at the other people who he went on to become a lawyer, receiv- MIT, found no improvement in patient have been nominated, whether it is for ing his law degree from the University outcomes. Then let’s go to Indiana, Secretary of State, Secretary of De- of Alabama. He later worked as a Fed- which actually set up health savings fense, or the Department of Homeland eral prosecutor, including 12 years as a accounts and engaged the patient in Security. In some cases, they are un- U.S. attorney for the Southern District managing their own health, and there, conventional choices, but, in every of Alabama. Then—where I got to know we do see better outcomes. We should case I can think of, they are people him—he became his State’s attorney all be about patients having better out- who have eminent qualifications to general. comes. offer to the administration and to the Senator SESSIONS’ record is one of a Along the way, we do other things, country in this new administration. person not afraid to go after those who such as equalizing the amount of This is one of the most important re- are abusing power. From State judges money the Federal Government gives sponsibilities a Senator has—to make and senators to county commissioners to each State per beneficiary. Again, sure we conduct the advice and consent and school board members, JEFF SES- my colleague from Washington State process and make sure we vet the SIONS has rooted out and punished cor- pointed out that folks in Washington nominees for these important posts. rupt officials as was his job as a U.S. get less money from the Federal Gov- But in one case in particular, it is not attorney. As U.S. attorney, he fought ernment than do other States. I would going to be all that hard because we to secure the rights of African Ameri- attempt to equalize that with the MAC have served alongside Senator JEFF cans to vote and successfully advocated Act. SESSIONS, for 15 years in my case and to uphold the death penalty sentence of So let me finish. The American peo- for 20 years in other cases. Ku Klux Klan member and murderer ple have been voting against We should be working together, as Henry Hays. ObamaCare for the last 8 years. What- President Obama himself has said, rec- Here in the Senate, he served on the ever its proponents may say, the Amer- ognizing the importance of a smooth Senate Judiciary Committee for 20

VerDate Sep 11 2014 01:43 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.013 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S133 years, where I have come to know him sure equality for all Americans under they want to. But here is how it came well. Working with him has shown me our Constitution. out. I don’t think we have emphasized not only his sharp mind but his passion Senator SESSIONS has demonstrated enough that Senator SESSIONS didn’t for the people of this country and his that he is qualified and prepared to have a primary opponent in Alabama. I commitment to the rule of law. He is a serve as the Nation’s top law enforce- don’t know how many Senators in the hard worker and a person who makes ment officer—not only thanks to a Senate haven’t had primary opponents. his decisions based on what he thinks proven track record but, because at his Even more unusual, he didn’t have a is the right thing to do and his own in- core, he understands the importance of general election opponent. I am not tegrity. I know many of us can attest justice for all and upholding the rule of sure if that has happened before. I to this, including my colleagues on the law. Now, you don’t have to take my know it hasn’t happened for a long other side of the aisle. While holding word for it. Here is what some of our time. But that says something about true to his principles, JEFF SESSIONS leading Democratic colleagues have the kind of respect he has in his home has found common ground with folks had to say about working with Senator State, which has a wide variety of peo- across the ideological spectrum on SESSIONS over the years: ple. So I thank the Senator for his many issues, including ones he will The incoming Democratic leader, comments on that. work on as Attorney General of the Senator SCHUMER of New York, called Madam President, I ask unanimous United States. JEFF SESSIONS ‘‘straightforward and consent that following disposition of For example, in 2003, Senator SES- fair.’’ the Paul amendment, there be 2 min- SIONS worked closely with the late-Sen- Senator DURBIN, the Democratic utes of debate, divided in the usual ator Teddy Kennedy, whom I have whip, in June 2010, working with him form, and that the Senate then vote in called the liberal lion of the Senate. to eliminate the disparity between relation to the Hirono amendment No. Perhaps, I am not the first one, but he crack cocaine and powder cocaine 20. certainly was that. He was a larger- called JEFF SESSIONS ‘‘a man of his The PRESIDING OFFICER. Without than-life personality and somebody word.’’ objection, it is so ordered. who personified our political opposi- Then, perhaps, there is an unlikely Mr. ENZI. Madam President, I yield tion across the aisle. But JEFF SES- person to compliment Senator SES- the floor. SIONS and Teddy Kennedy worked to- SIONS, because of some of the positions The PRESIDING OFFICER. If no one gether to help fight sexual assault in Attorney General Holder took that I yields time, the time will be divided prison in a way that was both proactive think Senator SESSIONS found objec- equally. and pragmatic. Senator SESSIONS craft- tionable—particularly when injecting The Senator from Hawaii. ed legislation to encourage State gov- too much politics into the work of the AMENDMENT NO. 20 ernments to take affirmative measures Department of Justice and not enforc- Ms. HIRONO. Madam President, I that reduced the frequency of sexual ing what Senator SESSIONS saw to be rise today to ask the Senate to adopt assault in jails and prisons. We con- the rule of law. Nevertheless, former the Hirono-Donnelly amendment to tinue to see the benefits of this legisla- Attorney General Eric Holder on Janu- protect Medicare and Medicaid. During tion today, as more and more States ary 2016, 2009, called Senator SESSIONS his campaign, President-Elect Trump get serious and crack down on this ‘‘a great U.S. attorney.’’ made the American people a promise crime. Last Congress, I was proud to Senator SESSIONS has both the tem- that he will protect Medicare and Med- work with Senator SESSIONS and Sen- perament and experience to restore the icaid. ator LEAHY, the ranking member in the faith of all Americans in our justice Today, we are giving Senate Repub- 114th Congress, and others in this system, and we have the responsibility licans an opportunity to reaffirm this Chamber, to pass the Justice for All to grant him a fair confirmation hear- promise to the American people, but I Reauthorization Act, which created ad- ing starting tomorrow. I suspect our am deeply skeptical that they will do ditional tools that strengthened the Democratic colleagues agree, because the right thing because they are com- Prison Rape Elimination Act. in 2015 they penned a letter that said: mitted to repealing the Affordable Care Then there is the work Senator SES- The Attorney General plays a pivotal role Act. Senate Republicans fought for SIONS has done with the assistant mi- in administering our nation’s laws and pro- years to repeal the Affordable Care nority leader, the Democratic whip, tecting our national security. This is why Act, which would drastically cut Med- and the senior Senator from Vermont, the Senate, regardless of the party in con- icaid funding for the States, and the two of this Chamber’s more liberal trol, has historically given swift consider- President-elect’s nominee for Sec- Members, to address sentencing dis- ation to Attorney General nominees. retary of Health and Human Services is parities between crack cocaine and Those were our Democratic col- the architect of the Republican plan to powder cocaine. It became obvious over leagues. The chance to do so is right privatize Medicare. The assault on the time that many people living in our before all of us, and I hope they will as- ACA is an assault on Medicare and inner cities were using crack cocaine, sist us in a fair and swift confirmation Medicaid. Both of these programs can but their fellow countrymen living in process for a truly honorable and de- be dismantled through the language in more affluent areas caught with pow- serving candidate for Attorney Gen- the budget that Congress is debating der cocaine were subject to far lesser eral. right now. sentences than those in the inner cities I know we will miss Senator SES- The President-elect and congres- using crack cocaine. The work Senator SIONS in the Senate. Not that we al- sional Republicans might be willing to SESSIONS did with Senator DURBIN and ways agreed with him, but he always break their promise to the American Senator LEAHY, called the Fair Sen- disagreed in the most congenial sort of people. Instead, I, along with my like- tencing Act, was signed in to law by manner and in a way that we knew he minded colleagues, will do whatever we President Obama in 2010. Senator SES- had respect for people of widely diver- can, whenever we can, to protect these SIONS saw the harsh penalties many gent views. But the fact is that our social safety net programs. young African-American men experi- country needs him to lead the Depart- I am fighting for seniors like Anne enced for possession of crack, comment of Justice now more than ever. and Lanny Bruder from Kauai. Lanny pared to the lighter punishments given I yield the floor. is 80 years old, but he is still working to suspects found with powder cocaine, The PRESIDING OFFICER (Mrs. three jobs to make ends meet after los- who as a group tended to be more ERNST). The Senator from Wyoming. ing the family home during the 2008 White or Hispanic. To me, this is the Mr. ENZI. Madam President, I thank mortgage crisis. Anne has glaucoma sort of thing that offends the most the Senator from Texas for his com- and pays what she calls a ridiculous basic sensibilities of JEFF SESSIONS— ments about the Senator from Ala- amount for eye drops. Lanny survived somebody who believes unequivocally bama. Senator SESSIONS has been an a heart attack and has two artificial in color-blind justice and equal justice outstanding Senator. He came to the knees. under the law. Of course, the utmost Senate at the same time I did. He has Like many of our kupuna—or sen- responsibility of the U.S. Department served for 20 years. That is a lot of iors—living on a fixed income, they of Justice is to enforce the law and en- votes that a person can pick apart, if simply could not afford the extra $6,000

VerDate Sep 11 2014 06:25 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.014 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S134 CONGRESSIONAL RECORD — SENATE January 9, 2017 a year they would be forced to pay if where anyone with a preexisting condi- families across our State every single Republicans succeed in their effort to tion could not get coverage. day. And it was done by working to- privatize and voucherize Medicare. It doesn’t have to be this way. If we gether, Republicans and Democrats, I am also fighting for young people are serious about improving health using the health care law to provide ac- like Anne, who walked into the Kokua care in this country, we can do this cess to our friends and neighbors who Kalihi Valley Clinic 3 years ago. She work together. That is what the Amer- wouldn’t be able to obtain insurance had no health insurance, and she was ican people expect. Just as Hoosiers go otherwise. That is a great result. pregnant at the age of 15. The doctors to work every day to make life better The repeal plan before us today takes at the clinic helped Anne apply for for their families, they expect us to all of this away, including the very Medicaid, which helped her afford pre- come to work and do the same thing. program that Vice President-Elect natal care and gave her support to stay At the very least, they expect us to do Pence and I worked to put in place. healthy and, very importantly, to stay no harm. Doctors swear by the Hippo- The amendment Senator HIRONO and I in school. Medicaid helped Anne and cratic Oath, where they pledge first put forth is simple. It says to seniors her husband Dan, age 17, welcome a and foremost to do no harm when they and to people participating in HIP 2.0 healthy baby boy named Joseph. Today are treating patients. We should appre- and Medicaid plans across the country: Anne is a graduate of Farrington High ciate this. We should approach this de- We will do no harm. School, works part time, and has plans bate in the same manner. Do no harm. I am happy to work with anyone to to become a pediatric nurse practi- That is the basis of the Hirono-Don- strengthen the health care law, but we tioner. Anne, Dan, and Joseph now nelly amendment. are not going to take away the health have insurance through Dan’s em- ‘‘Do no harm’’ means not cutting care people have come to rely on. I ployer. Medicare benefits or turning it into a urge my colleagues to support the These stories—and there are thou- voucher program. ‘‘Do no harm’’ means Hirono-Donnelly amendment. Instead sands of similar stories in Hawaii— protecting the health care of those who of going forward with a plan that cre- demonstrate just how important Medi- use the Medicaid program, many of ates chaos by repealing the health care care and Medicaid are to millions of whom have health care for the first law with no alternative, we should people across the country. It is why we time. work together to improve it. That is are fighting tooth and nail to prevent Here is what we know: Repealing the just common sense. Most of all, we any cuts that would jeopardize these health care law reduces Medicare’s in- should strive to do no harm. That social safety net programs. solvency by 5 years to 2021. We know should be our guiding principle in the The Hirono-Donnelly amendment that some in Congress, including the Senate. My colleagues on both sides of would prevent any partisan attempt to nominee to run the Department of the aisle can demonstrate their com- harm Medicare and Medicaid. Specifi- Health and Human Services, are intent mitment to this principle by sup- cally, it would block congressional Re- on privatizing Medicare or turning it porting our amendment. publicans from using budget reconcili- into a voucher program, ending the I yield the floor. ation to privatize Medicare or increase program as we know it. The PRESIDING OFFICER. The Sen- eligibility standards. It would also pre- The Hirono-Donnelly amendment ator from Hawaii. vent changes to Medicaid that reduce makes it clear that we will not pri- Ms. HIRONO. Madam President, I State funding from current levels. vatize Medicare. The amendment pro- would like to reclaim the time that Adopting this amendment would send tects Medicare both for the seniors who Democrats have to talk about the a clear message to seniors and working count on the program to age in dignity Hirono-Donnelly amendment. We are families that Congress is serious about and for the tens of millions of Ameri- expecting some of our colleagues to be protecting their access to quality, af- cans who are contributing to the pro- here. I see Senator BLUMENTHAL. fordable health care. gram with the expectation that it will Thank you. I urge all of my colleagues to support be there when they retire. The PRESIDING OFFICER. The Sen- the Hirono-Donnelly amendment. ‘‘Do no harm’’ also means we will ator from Connecticut. I yield the floor to Senator DON- protect insurance coverage for those Mr. BLUMENTHAL. Madam Presi- NELLY. who get their care through the Med- dent, I am proud to join my colleagues The PRESIDING OFFICER. The Sen- icaid program, which, after the passage Senators Hirono and Donnelly. I thank ator from Indiana. of the health care law, enabled millions them for their very impressive and Mr. DONNELLY. Madam President, I of our friends and our neighbors to ac- steadfast efforts on behalf of Medicare rise today in support of the amendment cess affordable coverage for the first and Medicaid, during a time of tremen- Senator HIRONO and I are offering to time in their lives. I know this is true dous uncertainty in our health care protect Medicare and Medicaid for the because I worked with and supported system, as, unfortunately, our friends millions of Americans who currently our soon-to-be Vice President, MIKE on the other side of the aisle work to- count on these programs for health PENCE, when he used ObamaCare to es- ward repeal of the Affordable Care Act coverage. tablish a program we call the Healthy without any replacement and any clear This week, some of our colleagues are Indiana Plan, or HIP 2.0. The innova- plan on what the alternative will be. beginning the process of repealing the tive plan expanded health care cov- Not only would repeal of the Afford- health care law. I want to be clear. I erage to over 200,000 of my neighbors in able Care Act impact children and fam- don’t think it is a perfect law. In fact, our beloved State and helped reduce ilies but most particularly our seniors I have long agreed with many of my the uninsured rate among Hoosiers by who have worked hard and have earned colleagues in saying it has work to do, 30 percent. The HIP 2.0 program has the benefits of Medicare. Any addi- and for years we put forward ideas on been critical in our ongoing effort to tional changes to the program that ways we can work together to improve provide treatment to those struggling have been previously suggested by Re- it. with opioid abuse and heroin use in our publicans, whether changing the eligi- The repeal strategy we are debating State. Don’t just take my word for it. bility age or privatization, have no this week, however, is not about im- In his farewell address as Governor to place in a reconciliation that has not proving the health care system. It is Hoosiers yesterday, Mr. PENCE said: been fully debated by the House and about taking people’s health care Senate and without a hearing from Our innovative Healthy Indiana Plan is a away. And make no mistake, the con- national model of how to provide affordable constituents and stakeholders about sequences are very real. A repeal strat- health care coverage to our most vulnerable what those changes would mean. egy, particularly with no alternative, citizens. . . . With HIP 2.0, we have also That is why we are here in support of would throw our health care system made great strides expanding treatment for the very important amendment offered into chaos, taking away coverage from those who struggled in the grip of drug ad- by my colleagues. The Congressional nearly 30 million people, increasing diction. Budget Office has estimated that full premiums on working Hoosiers and I agree with the Vice President-elect repeal of the ACA would increase Medi- families across this country, and that HIP 2.0 is something we can be care spending by $802 billion from 2016 threatening to take us back to a time very proud of because it helps Hoosier to 2025. This increase in potential

VerDate Sep 11 2014 01:43 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.016 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S135 spending could lead to higher Medicare We always talked about Medicare bipartisan way to build on the promise premiums, deductibles, and cost shar- being a promise. It was a promise of of Medicare, the promise of those guar- ing for beneficiaries. guaranteed benefits. They were going anteed benefits. Medicare, as it stands, as we all to be there. They were going to be se- We can do that. We can do that by know, benefits our Nation’s seniors cure. They were going to be defined. In creating more options for caring for who have worked hard and earned this effect, all who supported Medicare said older people at home. We can do it by program, but they would rather pri- they would oppose unraveling that expanding telemedicine and using new vatize or gut the program. So this ac- promise, unraveling that pledge of technology. We can do it by creating tion really should be decided not under guaranteed benefits. It seems to me, more opportunities for nonphysician reconciliation but by a 60-vote margin without strong legislation, the kind of providers. These are all ways that we after hearings and an opportunity to be legislation my colleagues are advo- can build on the Medicare promise and heard for our constituents. cating, we are putting that promise at the Medicare guarantee and deal with Similarly, any replacement plan risk. the challenges of our time. But we are must not include fundamental or re- I think when you look back at the not going to be able to deal with those strictive changes to the Medicaid Pro- history of what was available for older challenges through partisan ap- gram. The bottom line is, Medicaid people before Medicare, you would see proaches like reconciliation that would continues to work to provide potential why this promise and this pledge is so privatize the program and unravel the health care to our most vulnerable citi- important. For so many older people, promise. zens. I come from a State that is truly there was, essentially, what amounted So I am very pleased to be able to making a commitment to make sure to poor farms. We had one not far from have a chance to be out on the floor our Medicaid Program works. In fact, where we lived at home in Oregon. with my colleagues who have been Connecticut was the first State to take When Medicare was being debated, peo- strong advocates for Medicare, who advantage of the Medicaid expansion in ple brought out those pictures. They rightly put this issue front and center the Affordable Care Act, allowing the talked about what it meant, in a coun- in the debate, because I think a lot of State to cover 72,000 more of our people try as strong and good and rich as ours, what is being discussed is really get- in the State of Connecticut. for older people not to have a life of ting lost. A big part of this debate real- In Connecticut, the State has also dignity and security and decent health utilized existing flexibility in the Med- ly seems to be about creating a Trojan care. horse to give tax cuts to some of the icaid Program to improve outcomes When Medicare was adopted in 1965, through the patient-centered medical most fortunate, while, in effect, raising it was all about the promise. It was all health care costs for millions of others home. As a result, in 2016, Medicaid about the guarantee. That is what Sen- hospital admissions decreased by 5.4 and breaking the Medicare promise, ator DONNELLY and Senator HIRONO are which is what my colleagues are seek- percent, emergency department visits standing up for as part of this debate. fell 4.3 percent, and people requiring in- ing to protect in their amendment No. I know that some who don’t share our 20. tensive case management saw a reduc- view are going to say: Well, there are tion of hospital inpatient admissions of We are going to be talking more tremendous challenges with respect to nearly 40 percent. about this. Certainly, as the senior Medicare. There is no question about These statistics are of staggering Democrat on the Senate Finance Com- scope and scale and profoundly signifi- that—10,000 people turning 65 every day mittee, we will be having significant cant. We cannot make mean-spirited for years and years—but there is so debates about these issues in the com- changes to the Medicaid Program, such much that can be done, Democrats and mittee. But I am very appreciative as block granting, that would weaken Republicans, if you want to reject that Senator DONNELLY and Senator the safety net, and we cannot allow something that is partisan like rec- HIRONO have allowed us to jump-start gutting Medicare, endangering millions onciliation and come together. You can what this debate is really all about; of seniors. We will not allow it without come together around updating the and that is, keeping the promise of a fight. I am determined to join my Medicare guarantee. I say this to my Medicare, keeping the promise of guar- colleagues in working and fighting for friends Senator DONNELLY and Senator anteed benefits, working in a bipar- this amendment and keeping the pres- HIRONO, who have done such good work tisan way to update the guarantee to sure on our colleagues who disagree. on this. deal with chronic illness and improve I yield the floor. We are not saying there aren’t any options for home care. I commend The PRESIDING OFFICER. The Sen- challenges. The fact is that Medicare them both for their good work. ator from Oregon. today in 2017 is very different than I yield the floor. Medicare when it began in 1965. It is Mr. WYDEN. Madam President, I am The PRESIDING OFFICER. The Sen- dominated by chronic illness: cancer, very pleased to be able to join Senator ator from Alaska. DONNELLY, Senator HIRONO, and Sen- diabetes, heart disease. But we can TRIBUTE TO ERNESTINE HAYES ator BLUMENTHAL on this extraor- come up with fresh, practical ap- dinarily important issue that goes proaches for dealing with those chal- Mr. SULLIVAN. Madam President, I right to the heart of what we want lenges, consistent with what Senator want to talk a little bit about Alaska health care to be in this country. I DONNELLY and Senator HIRONO are this afternoon. Alaska is a beautiful have always felt that the really big talking about, which is keeping the State. Anyone who has visited knows issues, the really important issues, Medicare promise, keeping the Medi- that. Those who have watched any of need to be bipartisan. You need to find care guarantee, not allowing the pro- the numerous television shows fea- a path to some common ground. gram to be privatized. turing my State know that. We have As Senator DONNELLY and our col- We started on that with the Afford- the mountains that seem to go on for- leagues have pointed out, what is being able Care Act. There were a number of ever, fish-filled rivers and streams and discussed now is an inherently partisan us in the Senate. Senator ISAKSON was oceans, miles and miles of beautiful process for dealing with one of the very involved. At the time, Senator tundra, calving glaciers. most sensitive and most important MARKEY was a Member of the other People save their whole lives to take issues of our time; that is, Medicare body. We advocated for something a trip to Alaska, to see the wildlife, to and what it represents. I had a chance called Independence at Home, which al- see the bears, the salmon in the wild. to listen to Senator DONNELLY and Sen- lowed the Medicare Program to begin There is no doubt Alaska is physically ator HIRONO discuss this issue. It made to take care of those with chronic ill- beautiful, but for those of us who live me recall my days when I was director ness at home. there, the true beauty of our State of the Oregon Gray Panthers, the sen- So I am very appreciative of what comes from our people. From our urban ior citizens group. I was director of the Senator DONNELLY and Senator HIRONO areas to the hundreds of smaller towns group for almost 7 years before I was are doing because what they are saying and small villages that dot our State, elected to Congress. This was back in is this: Instead of gambling on the we have so many great citizens doing the days when I had a full head of hair health of older people with a partisan so many great things throughout all of and rugged good looks. reconciliation process, let’s work in a our communities.

VerDate Sep 11 2014 01:43 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.018 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S136 CONGRESSIONAL RECORD — SENATE January 9, 2017 What I want to do is to recognize ObamaCare at the same time. We have small step for a man’’ or ‘‘one small some of our citizens and tell their sto- taken the identical language from the step for man.’’ After spending $700,000, ries. So every week I will be doing underlying budget, put it into the re- your government concluded that they that. Every week I will be recognizing placement budget, but we have done still don’t know. an Alaskan who has made a special something different. Instead of allow- They spent $500,000 studying selfies. contribution to our great State and ing spending to continue to grow If you take a selfie of yourself and you great Nation. For the kickoff of the unabated, instead of allowing spending smile, will you feel better later? They Alaskan of the Week, I think it is ap- to grow at such a rate that we will add spent $2 million studying whether or propriate to recognize a storyteller. $9.7 trillion to the debt, we do some- not if you are standing in a food line at Narratives keep the people in my thing novel—something that I consider a buffet and the guy in front of you State connected to one another. They to be the conservative vision for our sneezes on the food, are you more or keep history and culture alive in our country. We actually freeze spending. less likely to eat the food. great State. That is what Juneau resi- We just say: no more spending. Inter- You can’t make this stuff up. Yet the dent Professor Ernestine Hayes does estingly, the budget will balance. The budget that we are being offered does for us in her writing. Professor Hayes country’s budget would actually bal- nothing to fix any of that. It just puts was recognized by the Alaska Human- ance, and we wouldn’t add $9.7 trillion a stamp down and says: We are going ities Forum and the Alaska State if we simply freeze spending. I think to keep doing things the same way we Council on the Arts as the current there is something in my version of the have always done them. Well, my Alaska State Writer Laureate. budget for both Republicans and Demo- friends I think we should do things dif- The recognition is well deserved. Pro- crats because mine calls for a freeze in ferently. I think a $20 trillion debt is alarm- fessor Hayes teaches writing at the spending but would allow the different ing. I think it is the No. 1 problem we University of Alaska Southeast and is Appropriations subcommittees to de- face as a country, and someone ought the author of two extraordinary award- cide where the spending would be cut. winning memoirs, the ‘‘Blonde Indian,’’ So, for example, if you decided that to do something about it. So I didn’t have much luck saying: You know and the ‘‘Tao of Raven.’’ Her books we needed more military spending but what, guys, we should produce a bal- chart her unique experiences of grow- you thought that maybe we could ing up in Juneau as a Tlingit at a time anced budget. spend less on corporate welfare, you So what we got is $9.7 trillion, and I when Alaska Natives were denied basic might cut out the Department of Com- rights and ‘‘No Native’’ signs were can’t support that. So I offer an alter- merce. You might not know it once we native for people who believe that debt common on storefronts. did it. You might not know that the Her career as a writer and a teacher is a problem. They can vote for my al- Department of Commerce really could began in her fifties. Living the prin- ternative, and it still maintains the be eliminated and you really wouldn’t ciple that learning should be a lifetime exact same language that the under- notice that it was gone. lying budget has for repealing passion, she graduated from the Uni- We look at the budget and we look at ObamaCare. You can do both. Why versity of Alaska Southeast—magna the spending every year, and we re- cum laude, I might add—when she was should it be an either/or? Why should it count all of these terrible wasteful epi- be that, well, we have to vote for a 55 years old. In between, she moved to sodes of spending. Yet they never get California, where she struggled to find crummy budget, but that is the only fixed. Why? Because we continue to way we can get to ObamaCare. Why purpose, and, as she put it, she was de- give government more money. The cur- termined to go back home to Alaska or don’t we vote for a budget that bal- rent budget that we will vote on will ances? I thought that was what we die facing north. increase spending at about 5 percent a Thankfully, for us, she made it back were for. year. home. In the ‘‘Tao of Raven,’’ she I remember a time when Republicans You will hear from people this talked about not only freezing spend- weaves in the story of Raven and the ‘‘Washingtonese’’—this language that box of light. Professor Hayes writes ing, but some actually said we should says: Well, we are just holding to the reduce the size and scope of govern- about the importance of giving back to baseline. All this is the baseline. Son, the community. ‘‘Although Raven ment. That is what Ronald Reagan just vote for the baseline. Jump on the said. Yet government grows inex- could well have decided to keep light team and vote for the baseline. The and luster and blinding brilliance for orably. Over and over, year after year, problem is that the baseline is not flat. government grows. We had Republicans only his own pleasure,’’ she writes, ‘‘he The baseline is inclined, and that in- knew that to keep riches to oneself in charge about 10 years ago. Remem- crease in spending every year is what is ber? George W. Bush was President. We guarantees their decline.’’ bankrupting the country. Spending is I congratulate Professor Hayes for controlled, I think, both branches for going up 5 percent a year. That is what being chosen as our State’s Writer Lau- at least one period of time, and yet the the baseline is. So when people say reate and our first inaugural Alaskan debt doubled under George W. Bush’s that we are going to cut trillions of of the Week. Thank you, Professor administration from $5 trillion to $10 dollars or this is a frugal budget, they Hayes, for sharing your blinding bril- trillion. Under President Obama, it has are talking about cutting spending liance. gone from $10 trillion to $20 trillion. I yield the floor. from the proposed increases in spend- Now you have Republicans saying: Put Mr. WYDEN. I suggest the absence of ing. us in charge. Put us in charge of the a quorum. To illustrate that, the budget I am House. You did, in 2010. Put us in The PRESIDING OFFICER (Mr. offering isn’t even a cut of any kind. It charge of the Senate. You did, in 2017. MORAN). The clerk will call the roll. is a freeze. Has anybody in America Put us in charge of all three branches, The senior assistant legislative clerk ever had their income frozen? Has any- and we will make a conservative vision proceeded to call the roll. body in America ever had to take a for the country. We will balance budg- Mr. PAUL. Mr. President, I ask unan- cut? Why shouldn’t government? Why ets. We will reduce spending. Yet this imous consent that the order for the shouldn’t we force government to look is an all-Republican Congress where quorum call be rescinded. at their finances and say: You know only Republicans will vote on the budg- The PRESIDING OFFICER. Without what, this spending is good, and this is et today, and yet we will be voting on objection, it is so ordered. not so good. a budget that will add $9.7 trillion. The Senator from Kentucky. I will give you an example. We spent I am told by some: This really isn’t a AMENDMENT NO. 1 $700,000 last year studying Neil Arm- budget; we are going to call it the vehi- Mr. PAUL. Mr. President, tonight we strong’s statement on the moon. Neil cle to repeal ObamaCare. will vote on a conservative budget that Armstrong landed on the moon and That is not what it is called. It is sit- balances within about 5 years and said: ‘‘That’s one small step for man, ting right here. It is called the concur- saves the country from trillions of dol- one giant leap for mankind.’’ Your gov- rent resolution on the budget for 2017— lars of new debt. ernment, in its infinite wisdom, spent because, whoops, we didn’t get to it This budget that will be presented as $700,000 to study that to determine last year, but we are getting to it this an alternative also allows us to repeal whether Neil Armstrong said ‘‘one year.

VerDate Sep 11 2014 01:43 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.020 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S137 This is the budget. It does have num- Thank you, Mr. President. The clerk will call the roll. bers in it, and I think the numbers in The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. the budget are of significance. I think, ator from Wyoming. Mr. CORNYN. The following Senators when we look at the numbers, we Mr. ENZI. Mr. President, it is my un- are necessarily absent: the Senator should make them mean something. derstanding there is 2 minutes equally from Missouri (Mr. BLUNT), the Senator But people say to me: Well, numbers divided between the proposer and the from South Carolina (Mr. GRAHAM), don’t mean anything. Just vote for it opposition. and the Senator from North Carolina so we can repeal ObamaCare. We have The PRESIDING OFFICER. Who (Mr. TILLIS). to repeal ObamaCare. So just vote for yields time? The PRESIDING OFFICER (Mr. the numbers, no matter what they are. The Senator from Kentucky. LANKFORD). Are there any other Sen- I guess my response is this: If the Mr. PAUL. Mr. President, I propose ators in the Chamber desiring to vote? numbers don’t mean anything, why the Senate vote for this budget because The result was announced—yeas 14, don’t we put good numbers in there? If it leads to balance, it is fiscally con- nays 83, as follows: the budget is inconsequential and servative, it allows the Senate and the [Rollcall Vote No. 3 Leg.] means absolutely nothing and only Re- Congress to decide where money will be YEAS—14 publicans are going to vote for it, why spent and where it will not be, it will Crapo Lankford Rubio don’t we put numbers in it that lead to eliminate waste, and—above all—will Cruz Lee Sasse balance, because then we can go home get us on the right track toward elimi- Daines Moran Scott Flake Paul Toomey to the people who voted for us and said nating or at least staying the expan- Kennedy Risch they wanted us to balance the budget sion of a $20 trillion debt. I think this NAYS—83 and wanted us to restrain ourselves and is the biggest problem we face as a we can say we did what you told us to country. Alexander Fischer Murphy As much as I think ObamaCare is a Baldwin Franken Murray do. Instead, I have to go home and tell Barrasso Gardner Nelson people that the Republicans introduced mistake, just ignoring the debt to get Bennet Gillibrand Perdue a budget that allows $9.7 trillion. I am to ObamaCare is also a mistake. Blumenthal Grassley Peters told that we are going to do a better For those who are or claim to be fis- Booker Harris Portman Boozman Hassan Reed job, and 3 or 4 months from now we will cally conservative, I ask that you will Brown Hatch consider voting for a budget that actu- Roberts do it again. I fear that in 3 or 4 months, Burr Heinrich Rounds when we come back, they will say: ally balances and continues to have the Cantwell Heitkamp Sanders Capito Heller underlying language in it that would Schatz Well, you already voted for it once. Cardin Hirono Schumer also allow us to repeal ObamaCare. Carper Hoeven Why don’t you vote for it again? It is Sessions The PRESIDING OFFICER. The Sen- Casey Inhofe the same thing you voted for last time, Shaheen Cassidy Isakson and it is just a baseline. Well, the base- ator from Vermont. Shelby Mr. SANDERS. Mr. President, I begin Cochran Johnson line is not flat. The baseline is increas- Collins Kaine Stabenow ing at 5 percent a year, and that is a by thanking Senator PAUL. He has Coons King Sullivan Tester problem. shown a lot of courage for standing and Corker Klobuchar exposing the hypocrisy of the Repub- Cornyn Leahy Thune We have to look at spending across Udall lican budget resolution. Cortez Masto Manchin the board. All of the spending has to be Cotton Markey Van Hollen looked at. The great thing about what Year after year, we have heard from Donnelly McCain Warner our Republican colleagues that the Duckworth McCaskill Warren I offered as an alternative is that, Durbin McConnell Whitehouse whether you are a liberal or conserv- United States is going broke, that we have huge deficits, that we have a $19 Enzi Menendez Wicker ative, it doesn’t define exactly where Ernst Merkley Wyden you have to have the cuts come from. trillion national debt, that we have to Feinstein Murkowski Young It says what the overall number will cut Social Security, we have to cut NOT VOTING—3 Medicare, we have to cut Medicaid, we be, and it will keep us from increasing Blunt Graham Tillis have to cut funding for education, we spending. What you could do to get to The amendment (No. 1) was rejected. a freeze is you could cut or eliminate have to deal with the deficit. As Senator PAUL has indicated, if the AMENDMENT NO. 20 some parts of the government, like Republican budget resolution passes, The PRESIDING OFFICER. Under maybe the $700,000 we spent studying the Federal deficit would more than the previous order, there will now be 2 Neil Armstrong’s statement, which double over the next decade, going minutes of debate equally divided prior could be eliminated completely, and from $571 billion this year to over $1.3 to a vote in relation to amendment No. maybe the $30 billion we spend on cor- trillion 10 years from now. 20 offered by the Senator from porate welfare in the Department of I hope all of the deficit hawks on the Vermont, Mr. SANDERS, for the Senator Commerce. Maybe that can be elimi- Republican side hear what Senator from Hawaii, Ms. HIRONO. nated and not one poor person would go PAUL has to say and support him. Who yields time? hungry. Maybe a couple of rich CEOs I will not support him because I un- The Senator from Hawaii. will have to fly in their own jet instead derstand that the cuts that he is pro- Ms. HIRONO. Mr. President, I rise of flying in a taxpayer jet when they posing are devastating to working fam- today to urge my colleagues to vote for are flying around the world. You could ilies, to the elderly, to the children, to amendment No. 20. What this amend- eliminate the Department of Com- the sick, and to the poor. They would ment does is to protect Medicare and merce and you could keep spending for mean massive cuts in Medicare, Med- Medicaid in a way that will help mil- other items. If you think the military icaid, Federal aid to education, and a lions of people in our country, and it is bloated, you can actually cut money variety of programs people desperately comports with President-Elect Trump’s in the military and spend it on other need, so I will oppose the amendment. promise to protect Medicare, Social Se- items in the budget. All of my Republican friends who curity, and Medicaid. So I urge my col- The bottom line is, if you vote for talk about the deficit year after year, leagues to vote for amendment No. 20. this amendment, you will be voting for here is a vote you should cast. I yield the floor. fiscal conservatism that says: Enough Thank you. The PRESIDING OFFICER. The Sen- is enough. We have a $20 trillion debt. The PRESIDING OFFICER. The time ator from Wyoming. We are borrowing $1 million a minute, of the Senator has expired. Mr. ENZI. Mr. President, this amend- and enough is enough. If you are a fis- The question is on agreeing to the ment is corrosive to the privilege in cal conservative, if you are worried amendment. the budget resolution, meaning that it about the debt of the country, I hope Mr. PAUL. Mr. President, I ask for is outside of the scope of what is appro- you will support my amendment, which the yeas and nays. priate for a budget resolution. Any in- replaces the underlying budget with a The PRESIDING OFFICER. Is there a appropriate amendment could be fatal Federal on-budget spending freeze and sufficient second? to the privilege of this resolution, actually leads the budget into balance There appears to be a sufficient sec- which would destroy our efforts to re- in the near future. ond. peal ObamaCare. In other words, a vote

VerDate Sep 11 2014 01:43 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.022 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S138 CONGRESSIONAL RECORD — SENATE January 9, 2017 in favor of this amendment is a vote Three-fifths of the Senators duly cho- We have never seen it. No one has against repealing ObamaCare. sen and sworn not having voted in the ever seen it. It raises the question In addition, this amendment is not affirmative, the motion is rejected. about whether they do have a plan. germane to this budget resolution. The point of order is sustained and They certainly have a plan to repeal it, This budget resolution is much more the amendment falls. but when it comes to replacing it, they focused than a typical budget resolu- The PRESIDING OFFICER. The don’t offer anything—but they are tion. The Congressional Budget Act re- Democratic whip. going to go ahead with it. They are quires that amendments to a budget Mr. DURBIN. Mr. President, there bent on doing this regardless of the resolution be germane. Since this was debate on the Senate floor that outcome. For a lot of people across amendment does not meet the standard went on for years. It was a personal America, this could be devastating. required by budget law, a point of order thing, a personal issue with two Sen- This article talks about a family in would lie against it; as such, I raise a ators—one was a Republican, the other Kentucky, the home State of the Re- point of order under section 305(b)(2) of a Democrat. The Republican was Sen- publican leader. Melissa Fleckinger of the Congressional Budget Act of 1974. ator Pete Domenici of New Mexico. The Edgewood, KY. She had to pay for her- The PRESIDING OFFICER. The Sen- Democrat was Senator Paul Wellstone oin treatment for her daughter Aman- ator from Hawaii. of Minnesota. The two of them had da before the Affordable Care Act. Her Ms. HIRONO. Mr. President, pursuant teamed up with a very simple goal in son Brian’s treatment for heroin addic- to section 904 of the Congressional mind. They wanted to make sure every tion was covered by the ACA, but un- Budget Act of 1974, I move to waive health insurance policy in America fortunately he died of an overdose in section 305(b) of that act for purposes covered mental illness. 2015. of the pending amendment, and I ask When you think about the fact that This article goes on to talk about for the yeas and nays. so many Americans suffer from some what it means to have children who are The PRESIDING OFFICER. Is there a form of depression and that mental ill- addicted to drugs and parents who are sufficient second? ness is something that so many fami- There appears to be a sufficient sec- desperately trying to find treatment. lies—at some point or another—face, ond. Some of the things that are said in the The question is on agreeing to the you wonder: Well, why didn’t the course of this are really worrisome be- motion. health insurance policies cover mental cause this article spells out what hap- The clerk will call the roll. illness? The reason, of course, was that pens to families without health insur- The bill clerk called the roll. it takes some extended, and oftentimes ance that covers substance abuse treat- Mr. CORNYN. The following Senators expensive, care to help those with men- ment. They become helpless, unable to are necessarily absent: the Senator tal illness. In other cases, there was an take care of their kids. from Missouri (Mr. BLUNT), the Senator argument made that you will not find The Republicans have come back and from South Carolina (Mr. GRAHAM), a cure. said: Well, we will just do a partial re- and the Senator from North Carolina Things have changed a lot in the peal of the Affordable Care Act. Listen (Mr. TILLIS). world of mental illness over the last to what this articles says: Mr. DURBIN. I announce that the few decades and changed for the better. Almost any route taken on Capitol Senator from Delaware (Mr. CARPER) is There are new medications that are Hill leads to an unraveling of addiction necessarily absent. available and some even better ones on and mental health coverage for those The PRESIDING OFFICER. Are there the way. There is new treatment avail- people. Even the partial ACA repeal any other Senators in the Chamber de- able and more hope for people. Pete Congress is considering would elimi- siring to vote? Domenici, a Republican from New Mex- nate the tax credits that reduce the The yeas and nays resulted—yeas 49, ico, and Paul Wellstone, a Democrat premiums for about 85 percent of the nays 47, as follows: from Minnesota, did not give up. They people who buy insurance on the ex- [Rollcall Vote No. 4 Leg.] insisted on it, and they won. changes. Most of those who get the tax YEAS—49 They won with the requirement that credits pay less than $100 a month for Baldwin Harris Nelson health insurance policies cover not just health insurance and have very low Bennet Hassan Peters mental illness and treatment but also out-of-pocket costs that make it pos- Blumenthal Heinrich Reed substance abuse treatment. I will be sible for them to afford coverage. Booker Heitkamp Sanders Brown Heller Schatz honest with you. I followed that debate What they go on to say here is that Cantwell Hirono Schumer closely. I did not pay that much atten- putting a requirement in the health in- Cardin Kaine Shaheen tion, at the time, to the substance surance policy that it cover mental Casey King Stabenow Collins Klobuchar abuse treatment part of their effort. health illness and substance abuse Tester Coons Leahy Now I have. I think many people across treatment means nothing if the people Udall Cortez Masto Manchin Van Hollen America have. There was a supplement cannot afford to pay the premiums for Donnelly Markey in the Chicago Sun Times this morn- the health insurance policy. So the Re- Duckworth McCaskill Warner Durbin Menendez Warren ing, published by USA TODAY. It is en- publican plan that would eliminate the Feinstein Merkley Whitehouse titled ‘‘Obamacare repeal jeopardizes tax credits families need to be able to Franken Murphy Wyden mental health, addiction coverage.’’ afford the policy means there is no way Gillibrand Murray I tore it out of the paper on the air- they are going to get coverage for NAYS—47 plane to bring it to the floor of the themselves and their kids. Alexander Flake Perdue Senate because this a good day for us Who is going to be affected by that? Barrasso Gardner Portman to reflect on what this article has to I will tell you what I found in Illinois. Boozman Grassley Risch say. We are now in the midst of the What I found in Illinois is that the cur- Burr Hatch Roberts Capito Hoeven Rounds budget resolution effort that is de- rent opioid and heroin epidemic is ev- Cassidy Inhofe Rubio signed by the Republican majority to erywhere. There is no town too small, Cochran Isakson Sasse repeal ObamaCare. and there is no suburb too wealthy to Corker Johnson Scott Cornyn Kennedy The Republicans hate ObamaCare. avoid it—story after story of teenagers Sessions Cotton Lankford Shelby They hate it almost as much as the and young people addicted who have no Crapo Lee Sullivan devil hates holy water. They have tried place to turn. Cruz McCain Daines McConnell Thune for 6 years to repeal it with a singular If the Republicans have their way in Enzi Moran Toomey focus. I don’t know how many times the Senate and the House, they will Ernst Murkowski Wicker they voted in the House—some said close the door for many of these young Young Fischer Paul over 60 times—to repeal it. They have people. I see my colleague from the NOT VOTING—4 said that for so many years, and we State of New Hampshire. I was stunned Blunt Graham have said to them: What will you do to read—I don’t know if it is still the Carper Tillis after you repeal it? They said: Well, we case, but I was stunned to read several The PRESIDING OFFICER. On this have a plan. For 6 years, they have months ago that when you look at the vote, the yeas are 49, the nays are 47. said: We have a plan to replace it. average number of deaths from opioids

VerDate Sep 11 2014 01:43 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.024 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S139 and heroin across the Nation—and Illi- politicians? I said: They have been say- for his party to turn around and pass a nois is, I am not making any excuses ing irresponsible things for a long measure which could kill 84,000 to here, we are average—the rate of death time, but now people are taking them 95,000 jobs in Illinois, that is a move in for heroin-opioid overdoses in West seriously. As they take them seriously, the wrong direction. I say to my Re- Virginia is twice the national average, they realize what a devastating impact publican friends, go home and talk to and the rate in New Hampshire is three it is going to have. the people you represent. Listen to times the national average. Nicholas Kristof wrote in the New what they have to say about what we Listen to what the repeal of the Af- York Times last week: are doing—addiction, mental illness, fordable Care Act would mean in New If the Republicans ran a home renovation and rural hospitals that are on the Hampshire. I might say to the Senator business, they would start tearing down your brink of closing, if you have your way from New Hampshire that she is quoted roof this month and promise to return in 2019 politically. This is no victory for the in this article. with some options for a new one—if you sur- people of America to repeal the Afford- vived. Repealing the ACA would cause [in New able Care Act without a replacement Hampshire] nearly 120,000 people to lose cov- Last week, Senator RAND PAUL of that is as good or better. erage in the State, where federal data show Kentucky wrote an op-ed arguing that I yield the floor. a nearly 200% increase in overdose deaths in repeal should not be done without si- The PRESIDING OFFICER. The Sen- the past five years. More than 48,000 Med- multaneously being replaced. Senator ator from Oregon. icaid claims were for substance use disorder BOB CORKER, Republican of Tennessee, Mr. WYDEN. Mr. President, my col- in 2015, making an ACA repeal [in the words has said that repealing the law without league from Illinois has addressed very of Senator SHAHEEN] ‘‘literally a matter of clearly what some of the human con- life and death.’’ replacing it is ‘‘a flawed concept’’ and that having a replacement ready first sequences of this are going to be. I am Ohio. At the Cincinnati Center for Addic- going to take a few minutes as well to tion Treatment, CEO Sandra Kuehn said would be a more ‘‘prudent approach’’ in about 30% of Kuehn’s patients are covered the Republican Senator’s words. describe it. I am very pleased our col- URRAY for treatment because of the expansion Senator SUSAN COLLINS, Republican league Senator M is here because [under ACA]. Overdose deaths in Ohio of Maine, has said she would like to see she has really led the effort—and I climbed from 2,531 in 2014 to 3,050 in 2015, up ‘‘detailed framework’’ accompanying have been very pleased to join her—in more than 20 percent. terms of trying to promote expanded Kentucky. any repeal. Senator TOM COTTON, Republican of health care services for vulnerable The home State of the Republican Arkansas, said: ‘‘I don’t think we can women in America. I say to Senator MURRAY, I saw there Senate leader. just repeal ObamaCare and say we are was a comment made by some who ad- Overdose deaths here totaled 1,248 in 2015, going to get the answer 2 years from vocate the repeal of the Affordable up 17% from the previous year. Fentanyl— now.’’ which is much stronger than heroin—was in- Care Act. They said: Nobody was going Over and over again, these Repub- volved in 420 fatal overdoses in 2015, up near- to get hurt—nobody in America was lican Senators are realizing how to- ly 250% over the previous year. going to get hurt. The reality is, that tally irresponsible it would be if we go The lady who was quoted earlier who is not true for the hundreds and hun- forward with this proposal. I will tell lost her son to the overdose was not dreds of thousands of women who de- you what troubles me as a representa- surprised. She knows several other peo- pend on Planned Parenthood for basic tive of a State that has the great city ple who have overdosed and many oth- health care, for preventive health serv- of Chicago and a wonderful metropoli- ers who have died, including one last ices, for essential services, for example, tan area. I come from the other end of week. like cancer screens. the State, the rural part of our State. Chicago. So this notion that somehow nobody I wonder what is going to happen to is going to get hurt by repealing the I am proud to represent it. our rural hospitals if the Affordable Up to 30% of the 9,000 inmates in the Cook Affordable Care Act is simply contra- Care Act is repealed. I think about dicted, from rural Oregon to rural County Jail have a diagnosed mental illness. Franklin Hospital in Benton, IL, popu- . . . ‘‘The ACA has been a game changer for Maine, when you see the kind of pain those who were in and out of Cook County lation, 7,300. The hospital has been and suffering this is going to end up Jail,’’ says Mark Ishaug, CEO of Thresholds, there 60 years. In the past 15 years, it generating for some of the poorest and a Chicago treatment provider. It costs less has been teetering on the brink of most vulnerable women in our country. than $20,000 a year for Threshold’s highest bankruptcy. It all changed 6 years ago The fact is, what has been set in mo- level of community-based mental-health with the passage of the Affordable Care tion by Republicans here in the Senate care with a housing voucher. . . . Act and the expansion of our Medicaid is a scheme that I call repeal and run. So $20,000 a year or less than that. Do Program in Illinois. It is about very large tax breaks for you know what it costs to incarcerate Because of those changes, Franklin the most fortunate, paid for by taking that same person? It costs $70,000 a Hospital found they could survive. Ex- health insurance away from millions of year to incarcerate them. About one- panding Medicaid cut Franklin Hos- working people. Under it, the insurance third of the patients being treated by pital’s uncompensated care in half. In companies are back in the driver’s Thresholds are covered by the Afford- Franklin’s emergency room, they saw seat, health care costs skyrocket able Care Act. What is the alternative, 600 fewer no-pay patients and 428 more across the board, and that is true even I say to my Republican friends. They Medicaid patients compared to the pre- for those who get their insurance at can’t wait to repeal this, but they don’t vious year. This, combined with in- work. have an alternative. creases in Medicaid funding, allowed The replacement plan our colleagues Meanwhile, in Illinois, in New Hamp- Franklin Hospital to invest in much on the other side have promised for shire, in Maine, and every State in the needed improvements and to consider years is somehow hidden away, with Nation, mental illness is still a chal- bringing nuclear medicine and a retail tens of millions of Americans in the lenge, and substance abuse is on the pharmacy to Benton, IL. What does dark about what is coming next for rise and people are dying from heroin that mean in that city? Well, it means their health care. and opioid overdoses. This is the height all the difference in the world. There is Whenever I hear about the replace- of irresponsibility, to repeal this meas- something else that has to be said. If ment, the whole notion of what would ure with no replacement. It is sad to that hospital—Franklin Hospital in be there for families in the future, it say we have reached this point where a Benton—closes, it will not just mean a reminds me of what used to be the old political score has to be settled now longer drive for critical health care, it movie house in town. It had a big mar- that the Republicans are in control of is going to mean job losses. It will quee up at the top of it, and it would the House and the Senate. mean the loss of 4,300 jobs in the 12th always talk about the movie ‘‘coming Now that they have an incoming congressional district, where Franklin soon,’’ but the movie never actually President, the Republicans finally get Hospital is located. got there. When I hear about the re- their day. Someone said to me: Why is So when the President-elect talks placement, what I think about is that public sentiment starting to change on about saving 6 or 800 jobs at Carrier everybody is going to be sitting in the this issue and even among Republican Corporation, good; I am glad. But then dark again.

VerDate Sep 11 2014 03:19 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.026 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S140 CONGRESSIONAL RECORD — SENATE January 9, 2017 What is essentially at stake here is With coverage from the Affordable I would say to my colleagues on the whether America is going to go back to Care Act tax credits that made it af- other side: I have spent about as much the days when health care was for the fordable, Rita’s costs have fallen sub- time as anybody here in this body healthy and the wealthy. That is what stantially. She now gets the prescrip- looking for bipartisan approaches to health care used to be all about. If you tion and therapy that help her manage address health care. So let’s find ways were healthy, no problems, nothing to her condition, and she can live a to bring down costs for families. Let’s worry about. If you were wealthy, you healthier life. make prescription drugs more afford- could just write out checks when you Another of my constituents is Mary, able. Let’s uphold the promise of Medi- had a whole host of preexisting condi- who lives in Milwaukie, OR, with her care because that is what it is; it is a tions. husband and 7-year-old daughter. She promise of guaranteed benefits. But we What the Senate is going to vote on has a hereditary disease known as are not going to be able to do that on this week is whether to green-light the HAE. It is a rare genetic condition that a partisan scheme called the budget first step in this scheme to go back to causes dangerous swelling, lasting days resolution and reconciliation. That is the days when health care was for the at a time, affecting various parts of the not about bringing people together for healthy and wealthy with a budget res- body. If Mary goes without treatment, a bipartisan effort. That is about tear- olution. attacks come on regularly, even mul- ing things down, tearing down the Af- I think it is fair to say budget resolu- tiple times a week. When they do, it is fordable Care Act, so I want that un- tions usually aren’t the prime topic at completely disabling. derstood. dinner table conversations in America, Before she got insurance through the My colleague Senator MURRAY is but this year there are serious con- Affordable Care Act, she rotated here. She and I work together closely sequences—serious consequences—per- through health plans and insurers to because of our committees. We feel sonal, life-and-death consequences be- maintain coverage and avoid hitting very, very strongly about how uniquely cause of this scheme that is being caps on treatments. She sought out important this time is because this is a pushed through the Senate. That is clinical studies to get free care, typi- time when our country has to decide where I believe the focus ought to be cally participating in one each year. not to go back to the dark days when and why I am going to spend the re- So on top of holding down a job, rais- health care was reserved for the mainder of my time talking about per- ing a daughter, battling a life-threat- healthy and wealthy. That is what the sons whose lives in Oregon are going to ening condition that affects 1 in 50,000 be directly affected and, in some cases, Americans, she was basically out try- other side has on offer right now. It is endangered. ing to cobble some decent health care a proposition that my colleagues and I Maleta Christian is from Douglas together. The system was so badly bro- are going to fight with all our County, OR, a beautiful rural commu- ken, she basically sewed her own strength. nity. She is a personal support worker, health care safety net, but the ACA With that, Mr. President, I yield the providing care to adults with intellec- protected patients like Mary from dis- floor. tual and developmental disabilities. crimination and guaranteed access to The PRESIDING OFFICER. The Sen- She had always carried health insur- care. ator from Washington. ance until she was unexpectedly laid These are three Oregonians. They Mrs. MURRAY. Mr. President, I come off from her job. She was without cov- come from different backgrounds, and to the floor of the Senate tonight with erage for more than a year, but then they have battled different conditions, my colleagues to share the stories of she was able to buy a plan through the but they share a lot in common with families in our home States whose lives Affordable Care Act. each other and with people around the are now healthier or have even been For Maleta, having insurance meant land. saved because of the Affordable Care cancer screenings that, very likely, Not long ago, in the eyes of insurance Act, including those who depend on saved her life. Doctors found tumors companies, the women who I just men- Medicare and Medicaid, people whose that had to be removed. Later, she was tioned would have worn their pre- voices now more than ever need to be diagnosed with a degenerative hip and existing conditions like scarlet letters. heard here in Washington, DC. back problems that caused her pain But the insurance they have now gives But first, I am going to make clear every day, making it difficult to get them the opportunity for healthier, how the Republican plan to repeal the through a physically demanding and more productive lives, and that is what Affordable Care Act will rip apart our grueling job. is endangered because of the scheme health care system. And after what Her prescription drug coverage, that is being pushed through Congress, came to light late last week, I also which she gets through a plan under pushed through the Senate by Repub- come to the Senate floor tonight to the Affordable Care Act, is what makes licans right now. stand with the millions of women, men, Costs are going to shoot up if the it possible for Maleta to get up every and families nationwide who are right- plan goes forward. The premium sub- morning and get through that work- ly outraged that this reckless and sidies millions of Americans count on day. Thanks to the care she has re- harmful effort also includes a plan to to buy insurance could be eliminated. ceived, Maleta made it to her daugh- defund Planned Parenthood. ter’s wedding, and she was proud that Even if Americans with preexisting For 7 years now, congressional Re- she even baked the cake. conditions have access to health care Another Oregonian, Rita from Salem, after this repeal scheme goes through, publicans have made all kinds of empty comes from a family who has been it doesn’t mean they can afford it. promises about how undermining fami- struggling with depression. It is a con- What my colleagues on the other side lies’ health care isn’t going to hurt dition that has been stigmatized for far have said repeatedly for years is that anyone; that if the Republican-con- too long in this country. they were going to repeal and replace— trolled Congress privatizes Medicare, I know something about this because no gap, no harm done to anybody. The cuts Medicaid, defunds the Nation’s my late brother, Jeff, faced the stigma replacement would be ready on day largest provider of women’s health of mental health. He was a schizo- one. care, and guts public health and pre- phrenic, and he passed at far too early It sure looks as though that promise vention programs, somehow families an age. Far too many of those with is going to be broken. The replacement are going to be magically better off. mental illness have been denied care is still hidden somewhere, but the proc- Well, let me be clear. Ripping apart and shunted to the fringes of society. ess of repeal is rolling forward. In the our healthcare system with no plan to Before Rita got coverage through the meantime, millions of Americans are replace it will create chaos. This is a Affordable Care Act, she was forced to left guessing what is going to happen view shared not just by the Senate pour a staggering share of her income to their care if this plays out. Democrats who are here tonight but by into health-related expenses. It was The bottom line for me and my col- independent experts. In fact, it is a nearly two-thirds in 2011. Even then, leagues is really this. If Members on view shared increasingly by State Re- she didn’t have access to the mental the other side want to debate how to publican leaders across the country, in- health treatments she needed. Her de- solve this country’s health care chal- cluding some Senators and Congress- pression used to keep her out of work. lenge, we will have that debate. men.

VerDate Sep 11 2014 03:19 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.028 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S141 Last Friday, just to cite one exam- are finally experiencing some stability will be held accountable. The real imple, the Republican Governor of Ari- and are able to cover their families pact will be on millions of families zona urged his party in Congress not to with quality, affordable health insur- across our country, families like the rush to repeal the Affordable Care Act, ance—many for the very first time. ones I just talked about and those you saying: ‘‘I don’t want to see any Arizo- There was a mom from Bellingham, are going to hear about throughout to- nan have the rug pulled out from un- WA, who sent me a story about how the night—Democrats, Republicans, and derneath them in terms of changing Affordable Care Act helped save her Independents who do not want to see this law.’’ son’s life when doctors found a life- this law repealed and want us to work Mr. President, if Republicans repeal threatening blood clot during a routine together to improve it instead. the Affordable Care Act, it is women physical. She was not only able to af- I hope Republicans are listening. I and kids and seniors and patients with ford the preventive check-up that urge them to make the right choice. serious illness and people with disabil- found the clot because of her new cov- Thank you. I yield the floor. ities who will bear the burden. Pre- erage, but her son’s treatment was The PRESIDING OFFICER. The Sen- miums will skyrocket. Out-of-pocket then covered by the Affordable Care ator from Rhode Island. prescription drug costs will rise, and Act through the Medicaid expansion. Mr. REED. Mr. President, I rise in overall health care costs will increase. I heard from a small business owner opposition to the budget resolution It is a perfect storm to make America from Spokane, WA, who told my office that the Senate will vote on this week. sick again and is absolutely the wrong about his wife, a retired nurse of 62, We are nearly half way through the fis- direction for our families and our econ- and how she was able to get a better cal year, and the Republicans have of- omy. plan thanks to the Affordable Care Act. fered this budget resolution not to set Mr. President, I have to say, I have He told us what this meant for his wife a path forward for spending for the never seen a start like this to a Con- and his family. You bet he gets upset year but to give them the ability to re- gress, where the majority is jamming when he hears Republicans say the law peal the Affordable Care Act through legislation through on a fast-tracked hasn’t worked for anyone or that they the budget process, requiring less sup- basis with no hearings for public de- want to privatize Medicare by turning port than is needed under regular bate or actual legislative text. As a it into a voucher program. order. This budget is nothing more former chairman of the Budget Com- Finally, I want to share the story of than a sham, being used to take away mittee, I have to say I have never seen Kalon, who is a software engineer from health insurance from more than 20 such an abuse of the budget process. Seattle, and his son Bryce. Kalon million Americans. What is worse is What many of my Republican col- reached out to my office right after the that my Republican colleagues intend leagues are doing right now is unprece- November election. Two years ago, his to do so without any plan in place to dented, but it gets worse. As if all of son Bryce was kayaking in West Vir- mitigate the impact and protect the their harmful plans weren’t enough, ginia and he injured his back. The pain people who will be harmed. House Republicans announced last in Bryce’s back didn’t go away for week after meeting with Vice Presi- months. What doctors first suspected The uninsured rate is at its lowest dent-Elect Pence that they plan to as a stubborn muscle strain ended up point in recent history. Since the im- defund Planned Parenthood in this to be a rare type of bone cancer called plementation of the ACA in my State budget. In other words, congressional Ewing’s sarcoma, a horrible illness. of Rhode Island, the uninsured rate has Republicans are not only trying to Thankfully, his family had health in- fallen from 12 percent to under 4.5 per- undo a law that protects women from surance. cent. In real terms, that means that being charged more than men for their Today Bryce is getting excellent over 100,000 people in Rhode Island health care and ensures birth control is treatment at Seattle Children’s Hos- have gained coverage because of the covered without a copay, they are also pital, where doctors have been able to ACA. That is about 10 percent of my going after the Nation’s largest pro- ease some of his pain, and he is re- State’s population. Over 30,000 middle- vider of women’s health care as well. sponding well now to chemotherapy. income Rhode Islanders get tax credits They are doubling down on their Bryce, who is now almost 18, will need averaging $250 a month to help them shameful and tired obsession with un- care—expensive care—for many years afford coverage on the State’s health dermining women’s access to health to come, and Bryce’s dad, Kalon, is insurance marketplace. care, and it will have devastating con- greatly concerned that, if the Afford- We cannot go back to a system that sequences for women’s health and able Care Act goes away, the pre- allows private insurers to deny cov- rights and economic security. existing condition protection that we erage for preexisting conditions or So I am here with a very clear mes- fought so hard for in this law will go charge more to those who need insur- sage: not on my watch. I, along with away, and his son will not be able to af- ance the most. In fact, the Republican my colleagues and women and men ford health care or get the benefits or plan for repealing the ACA means that across the country, have fought this treatments he is going to need in the nearly half a million Rhode Islanders fight before in 2011, in 2013, in 2016, and future. with preexisting conditions, about half we will fight it in 2017. We know what Those are just three stories, but they the State’s population, will be denied Planned Parenthood means to millions represent many of the more than coverage or will be charged more. of patients—men and women—who 600,000 people in my State who are part Again, as Senator MURRAY described so have trusted it for over 100 years for of the 30 million Americans across the eloquently in the case of a young man cancer, STD screenings, for HIV tests, country who are benefitting from this who needs years of expensive treat- birth control, and so much more. We law today. Of course, there is more we ment, if preexisting conditions are are not going to let extreme politics need to do. I said it before. The work once again possible and if that young get in the way of their health care. So didn’t end when the Affordable Care man is dropped from his parents’ plan if Republicans think causing chaos in Act was passed—far from it. Democrats at 21, both of those factors will prob- our health care system, heightening are ready. We have always been ready ably deny him the coverage that he en- economic uncertainty, attacking wom- to work together to make health care joys today, and that is not what we en’s health and rights, and burdening more affordable and more successful want to do. I hope that is not what we our seniors and their families with and better for our families. want to do. higher health care costs somehow I hope Republicans reverse course In my State, there are over 106,000 makes our country ‘‘greater,’’ they are right now and agree to work with us on Rhode Islanders with diabetes, over obviously not listening to millions of improvements to the health care sys- 112,000 with asthma, and nearly 63,000 families who did not vote in November tem. That is the path to take if they cancer survivors who will be forced to for higher premiums or a health care are truly serious about helping fami- pay more for coverage. These are huge system thrown into chaos. lies. If they don’t, and if they continue numbers in my State—roughly 1 mil- I have gone back to my home State rushing to take away families’ health lion people in population. They have of Washington, and I have heard from care with no alternative plan, they will these conditions, and insurance compa- moms and dads and grandparents who be fully responsible, and they certainly nies said in the past: We won’t cover

VerDate Sep 11 2014 03:19 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.029 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S142 CONGRESSIONAL RECORD — SENATE January 9, 2017 you, or, by the way, you will be spend- One other thing that it has done is laying people off. That is what is going ing 2, 3, 5, 10 times as much for the cov- that we actually required that a sig- to happen. This is not farfetched. We erage we extend to someone else. nificant amount of the premium be have seen it before. We have seen We have also been able to improve used for health care, not overhead. We struggling hospitals struggling under coverage through the ACA for those actually built into the law that, if you emergency room uncompensated care. who are getting their care through are going to charge a premium, it bet- We have seen all these things happen their employer. Before the ACA, insur- ter go to help people get health care, before. Repealing the ACA would lead ance plans, including employer-spon- not just to boost your profits, divi- to a combination of all these factors— sored health coverage, could impose dends, or anything else. That is an- skyrocketing premiums and the loss of annual or lifetime limits on coverage, other factor that has helped positively Federal funding in health care for meaning that coverage could end when this rate and premium structure. States, which would have a ripple efit was most needed. You could have a Then, of course, there is a huge eco- fect throughout the country. job, and you could have insurance at a nomic impact of ACA repeal. For years If Rhode Island or any other State job, but if you have a serious condition, I have heard my Republican colleagues has to step in and partially make up when you reach that limit, that is it— very sincerely and adamantly declare for the loss of Medicaid funds or any no more responsibility by the com- that the ACA is a job killer, that it was other aspect of this program, where are pany. That is exactly the time you going to destroy millions of jobs. That they taking it from? Where are they need the help because you have already was one of the refrains that echoed taking it from? Education, infrastruc- either exhausted some of your own re- throughout this Chamber as we were ture, public safety. They will suffer. sources or you are in a position where debating the ACA for months and years Ultimately, it is the jobs—the jobs of you have been sick for so long that afterwards. But what has happened? We the people in my State and the jobs of your ability to go back into the work- have had an unprecedented 75 consecu- people across the Nation. place is practically nonexistent. The tive months of job growth—something So there are things we can do to ACA prohibits these limits, along with we haven’t seen since 1939. Repealing strengthen the bill. Senator MURRAY ensuring free preventive care and cov- the ACA would wreak havoc on this was very clear about attempts we have erage of dependents up to age 26, ensur- progress. Premiums for everyone, not made. She has been one of the great ing real coverage for nearly 600,000 just those in the individual market, leaders in this effort to make improve- workers in Rhode Island with employer will skyrocket. Large businesses will ments. We have been working on and coverage. see their health care costs go up, which improving Medicare since 1965, and we There is a perception out there that means workers will forgo pay increases still have some work to do, but that the ACA doesn’t apply to employer as their employers struggle to simply was a different program. That was a coverage and that it has no effect— maintain health care coverage or they program that was a bipartisan pro- that if it is repealed, it is fine because will drop the coverage entirely. gram, one that was embraced and de- I get my health insurance from my em- We have come a long way since the veloped and supported. In fact, one of ployer. That is not the case. The im- economic downturn in 2008, and we pact will be there, and it could leave the ironies today is some of the have much more work to do to keep many people devastated. staunchest supporters and protectors Additionally, the ACA strengthened things moving in the right direction, of Medicare are Republicans, as well as the rate review processes to help con- but one of the worst things we can do Democrats, but that was a program trol premiums. Prior to the ACA, dou- for the economy is to repeal the ACA. that took several decades to work Rhode Island stands to lose over $7 ble-digit increases were always the through, and we are still working billion in Federal funding over the next norm. When I served in the House and through issues with respect to Medi- 10 years with repeal. Again, that is a in my first years in the Senate, invari- care. We are prepared to do that with staggering number in my State—$7 bil- ably, when trade associations came to the Affordable Care Act in a principled, visit me, the first or second issue on lion. That would be devastating for the thoughtful, practical, pragmatic way, the list was this: Our insurance cov- State because they would have to step not to score political points, but to erage just went up 20 percent. We can’t up as best they could, and frankly, make it a system that is more afford- afford it anymore. We are dropping they don’t have the kind of resources able, more effective, and that gives coverage or telling our workers: Do to replace that loss. It would have an more American families a chance. you want a raise, or do you want cov- effect on hospitals and other health Frankly, you don’t have much of a erage? You can’t get both. care providers. Hospitals in Rhode Is- chance for a good education, a good Well, we have to do more to keep pre- land stand to lose nearly $2 billion in job, or a secure retirement when your miums under control and bring down funding on top of the added expenses of health is in jeopardy and your finances costs, but there has been an improve- emergency room care for the newly un- are equally in jeopardy. ment under the ACA in my State and insured. We remember the old model of At this point, the Republicans have in many other States. In 2 of the last 3 health care. The old model was that, if offered no plan to replace the ACA, and years, premiums actually went down you didn’t have insurance, you went to it is a tough task. I served on the from the previous year in Rhode Island. the emergency room. Those emergency HELP Committee as we were drafting During open enrollment for 2017, Rhode rooms were crowded with people. They this, and we spent over a year on this Islanders saw decreases of as much as 5 were much more expensive to treat be- law. We spent countless moments percent in their premiums. In fact, due cause they were there without any pre- reaching out to our colleagues on the to the ACA, consumers in Rhode Island vious experience with the physicians Republican side asking: Can we make have saved nearly $220 million since and without health records, in many this better? What improvements can 2012, according to the State resource. cases. They had to do diagnostic tests we make? We had numerous folks in This program has done something that were not available and that are the mix. It is tough work. To suggest that we were feverishly trying to do, now available at the health care facili- that we can just repeal this and some- which was to somehow bring costs ties because they have insurance. All of thing will magically appear, I don’t under control and reduce them if we that would come undone. It will be a think that is particularly logical, obvi- could but certainly eliminate the dou- huge impact on the economy. ous, or will happen. ble-digit growth, when every year One of the largest employers in the Roughly, 7 years have gone by since every employer group was coming in State of Rhode Island is the hospital the passage of this bill, where the Re- and saying: We can’t afford this. We system. I don’t think we are alone. If publicans have had a chance to prepare want to cover our workers, but we you go out into the rural parts of the a detailed plan to replace aspects of can’t. We are giving them that choice, United States, in many cases, the big- the ACA or replace it. I don’t think or we will have to sadly say we can’t gest employer in many counties is the that plan is out there. It is certainly give you insurance anymore. Repealing health care system, the hospital sys- not being communicated. the ACA would end all of these con- tem. When they can no longer make We have to ensure—and Senator sumer protections and put insurance their books balance, they are going to MURRAY was very effective in making companies back in charge. have to start closing down operations, this point—that we can improve ACA,

VerDate Sep 11 2014 03:19 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.031 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S143 not demolish it, that, if we get into a health coverage for low-income adults, eloquently. I wish to speak about a legislative process, we produce a better children, seniors, and people with dis- couple of those reasons. outcome for the American people, not abilities through Medicaid. The ACA The first is one Senator DURBIN alan outcome of denial of health care and expanded eligibility and streamlined luded to earlier; that is, what repeal of financial uncertainty and perhaps even enrollment and made it easier for the this law will mean for the heroin and financial ruin. most vulnerable to access quality opioid epidemic that is facing New So we have to get to work. I think we health care coverage. As a result, ap- Hampshire and so many States across are prepared to do this but in the con- proximately 70,000 Rhode Islanders this country. Repeal will dramatically text of something pragmatic and pro- were able to access coverage for the worsen that epidemic because it will ductive for the benefit of the American first time through Medicaid—their pre- deny treatment for people who are people. vious source of health care: most abusing substances, and it will also Let me switch gears, just for a mo- times, the emergency room, if they deny them access to mental health ment, and talk about Medicare and could get there. services. That will mean a surge in Medicaid because, when people talk I want to point out a couple of things overdose deaths, and it will reverse so about Medicare and Medicaid, they about Medicaid. Medicaid has become a much of the progress we are beginning usually don’t make an association with program for our senior citizens that to make. the ACA. They think that is something happens to also help struggling Ameri- I understand that sweeping health else. I can recall being in a public dis- cans. Seniors make up a small percent- care reform is not easy. We all know cussion in August of 2009, when we were age of the Medicaid population but ac- the Affordable Care Act is not perfect. discussing ACA before it became law, count for approximately half of Med- It needs work. The way to address it is and something came up that was very icaid spending nationwide. Nearly 60 not to repeal it, it is to work together critical about the program because percent of nursing home residents are to make it better. Rather than rush to they didn’t want publicly funded insur- covered by Medicaid. Think about that. destroy the Affordable Care Act with ance in any way, shape, or form, and I Sixty percent of all nursing home resi- no replacement in sight, we should be asked: Where do you get your health dents need Medicaid. The next time working together, on a bipartisan care? you hear someone casually suggest basis, to make commonsense improve- Well, I have a private provider. drastic cuts and changes to Medicaid, ments to the law. It can be done. I Again, I asked: Where do you get know, because TIM SCOTT and I worked your health care? think about that. Those cuts will work I am on Medicare. their way back to nursing homes together to pass the PACE Act last Medicare is, as I recall, a single- throughout your State. Those families year to make it easier for us to control payer national system of health care, a of those seniors are not all people who health care insurance increases and to funded entitlement by the government, have been poor and on the margins all allow States to make the determina- with some copayments by participants. of their lives; they are our neighbors, tion about group size for health insur- Medicare and Medicaid are effective and they will feel it. ance plans. in a significant way. We made historic In Rhode Island, over 30,000 seniors One of the things I am hopeful about improvements to these programs, en- access health care coverage through is that President-Elect Trump, in the hancing benefits. Indeed, we added 9 Medicaid. My colleagues across the course of many visits to New Hamp- years of solvency to the Medicare trust aisle want to make drastic cuts to shire over the last year, again and fund. One of the great issues that re- Medicaid. Make no mistake, cuts to again pledged to take robust action to verberates throughout this Chamber is Medicaid mean cuts to nursing home combat the opioid epidemic in New we have to control entitlements. We services for seniors and a return to pre- Hampshire and across America. Yet, by have to prepare for the future. We have Medicaid times when the elderly had repealing the Affordable Care Act, to make sure these social programs few options. In the 1950s and 1960s, be- President-Elect Trump and the Repub- like Medicare, Social Security, Med- fore Medicare and Medicaid, your lican leadership in Congress will make icaid, and others are solvent. We added grandmother or grandfather was in the opioid crisis so much worse. This years of solvency to the program in the your living room in a hospital bed would be a broken promise to commu- ACA. If it is repealed, subtract 9 years being taken care of by typically your nities all across this country that are of solvency from the Medicare trust mother. That is the way you grew up struggling with addiction. fund. Tell seniors and people in their back in the 1950s and 1960s in most mid- The Affordable Care Act has given fifties who are getting ready to enjoy dle-income neighborhoods. That was at millions of Americans access to treat- the benefits: Just take 9 years off your least my experience. If you want to go ment and recovery and saved countless expected benefits, or at least a portion back, that is what would happen, in lives, and repealing it would deny of the benefits. some respects, if we repeal this law. treatment to people suffering from sub- The ACA made a number of other im- If Republicans want to come and stance use disorders. It will cost lives. provements. They closed and are clos- work with us, we are ready—more than It will take a terrible toll on commu- ing the doughnut hole for prescrip- ready—but we can’t stand by and allow nities across America. tions, they eliminated cost sharing for them to do the damage they propose: In New Hampshire alone, health care cancer screenings, for example, for to take away coverage from 20 million reform has helped over 100,000 people Medicare recipients. Over 15,000 Rhode Americans and cut benefits to seniors. gain access to health care coverage— Islanders saved $14 million on drugs in That is not the right direction for people like Keith from Rindge, NH. 2015. That is an average of $912 per America and for our country. Keith was one of the thousands of Medicare beneficiary because of what With that, I yield the floor. Granite Staters able to access quality, we did with respect to the doughnut The PRESIDING OFFICER. The Sen- affordable health insurance through hole. In the same year, over 92,000 ator from New Hampshire. our State’s Medicaid expansion pro- Rhode Islanders—huge numbers in my Mrs. SHAHEEN. Mr. President, I am gram. State—took advantage of free preven- here to join so many of my colleagues Keith told my office that the Med- tive services, representing over 76 per- to oppose efforts to repeal the Afford- icaid expansion literally saved his life. cent of the beneficiaries. Seventy-six able Care Act. Outright repeal without Keith was suffering from several health percent of the Medicare beneficiaries in a replacement plan will hurt hundreds issues when he went to see his doctor my State took advantage of free serv- of thousands of people in New Hamp- after he signed up for the New Hamp- ices. Otherwise, they would have paid shire as well as millions across this shire Health Protection Plan, which is out of their pocket, and, frankly, many country. The estimate is anywhere what we call our expansion of Med- seniors don’t have the resources to do from 20 million to 30 million people icaid. He told us that had he not had that. Repealing the ACA means these who will lose their health insurance insurance, doctors likely would not benefits go away, and it shortens the coverage. have caught his kidney cancer early trust fund by about a decade. There are all kinds of reasons why like they did, but because he had that Repeal would also mean cutting $270 this is a bad idea. Many of those have health insurance, Keith was able to af- million in Federal funds to help pay for been addressed by my colleagues very ford and quickly access treatment for

VerDate Sep 11 2014 06:25 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.032 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S144 CONGRESSIONAL RECORD — SENATE January 9, 2017 his cancer. He is thankfully now can- for women with substance misuse women who need access to services in cer-free, and he credits having insur- issues who are pregnant or who have New Hampshire and across the coun- ance through Medicaid expansion with just delivered babies. It works because try, they don’t have any other place saving his life. these young women are enrolled in our where they can get services if we close As I said, New Hampshire is in the Medicaid expansion program. Without down Planned Parenthood clinics. Two midst of a heroin and opioid epidemic. that, they would lose any opportunity counties in New Hampshire don’t have We have talked about the grim statis- for treatment for their substance mis- community health centers and a place tics frequently in the last year as we use. When I visited them, they talked where women can readily go. So have come to the floor. In 2014, we lost about what it was like to be in a place defunding Planned Parenthood, closing 47,000 Americans due to heroin and where it was like a home, where people the doors to Planned Parenthood opioid overdoses. In New Hampshire, wanted to help them so that they could health centers—in New Hampshire and when all of the analysis is in for 2016, provide a better life for themselves and across this country—would put mil- we are expecting to have lost almost their children. lions of women in a situation where 500 people due to overdose deaths. As Without access to lifesaving addic- they have nowhere to go to access Senator DURBIN pointed out, we have tion treatment, many people like Ash- basic health care services. This will one of the highest percentages of over- ley and like those young women at cost women and their families access dose deaths in the country. Hope on Haven Hill would succumb to to preventive care, and, ultimately, it their addiction. Again, what is so frus- It doesn’t have to be that way be- is going to cost the lives of women. cause addiction is an illness. It is an trating about this situation is that it is Repealing the Affordable Care Act is illness that doesn’t have a cure, but we completely preventable. It is not only going to actively worsen health out- have made progress in treating it. The the right thing to do, but it is the eco- comes. It will provide less access to Affordable Care Act ensures that sub- nomic thing to do because the cost of care for our most vulnerable popu- stance misuse services are covered by failing to provide treatment for people lations. It will increase unplanned who have substance misuse disorders is insurance. As a direct result of the Af- pregnancies. It will mean that people to make sure that they cannot become fordable Care Act, many of those suf- who have preexisting conditions will profitable, taxpaying members of our fering finally have access to counseling not be able to access health insurance and therapy like medication-assisted society. One other benefit of the Affordable in the future. The list goes on and on. treatment. The repeal of the Affordable Care Act Care Act that, as Senator MURRAY said, In addition to covering substance is so critical to 50 percent of our popu- will not only throw millions of people misuse counseling, the Affordable Care lation is access to health care for off their health care, but it will also Act is also built on mental health par- women. Before the Affordable Care Act, impact the coverage of millions of oth- ity provisions that require group women paid more for health insurance, ers because millions of Americans will health plans and insurers offering cov- and contraceptives were something see their premiums rise. They will see erage of mental health services to pro- that made insurance cost more. Par- reinstatement of lifetime limits. They vide comparable coverage to what they ticularly for women who don’t have the will see reinstatement of expensive provide for other medical care when it economic means, the Affordable Care cost-sharing requirements, higher comes to substance misuse. Act has, for the first time, made con- deductibles, a reinstatement by health The Affordable Care Act extended traceptives available to women with- insurance companies of coverage deni- these parity goals by requiring mental out cost-sharing requirements like als, or sky-high premiums because of health services to be covered as essen- copays, deductibles, and coinsurance. preexisting conditions. Why would we tial health benefits, and it also helped Study after study has shown that ac- go back to those exclusionary and det- expand access to these services by in- cess to contraceptives is one of the rimental practices? Why would we go suring more patients. greatest indicators of success for back to a time when we had over 20 We worked very hard, in a bipartisan women. When women are able to plan million fewer people in this country way, over the last year in this Chamber their pregnancies, they are more likely who had access to health insurance? to pass the Comprehensive Addiction to graduate from high school, to enroll Now is the time for us to come to- and Recovery Act and to pass the 21st in college, to have stable and higher gether. Instead of scrapping this law, Century Cures Act that provided $1 bil- paying jobs, and to make sure that we should be working together to im- lion to address heroin and opioid prob- their health outcomes are better for prove it, to make it work for all Ameri- lems in this country. Both of those themselves, their children, and their cans. bills provide significant benefits to families. Make no mistake, repealing the Af- people who are suffering from sub- It is especially frustrating that last fordable Care Act without a replace- stance misuse. If we repeal the Afford- week our Republican colleagues in the ment plan, stripping away health in- able Care Act, we are going to undo all House leadership announced that they surance for tens of thousands of Gran- of the progress we have made through are going to use the budget processes ite Staters and over 20 million Ameri- these supplemental pieces of law be- not only to repeal the Affordable Care cans is not only counterintuitive but it cause it would reverse the treatment Act and the help that it provides to is dangerous. We can do better in access so many people in New Hamp- women for contraceptive coverage, but America. shire and across this country have. they are also going to use this vehicle I yield the floor. Why would we deliberately take away to defund Planned Parenthood. This is The PRESIDING OFFICER (Mr. access to this lifesaving treatment not only irresponsible, it is dangerous. DAINES). The Senator from Massachu- from so many people who are strug- Just this morning, Senator HASSAN setts. gling to overcome addiction? and I visited a Planned Parenthood Ms. WARREN. Mr. President, for 8 Repealing the Affordable Care Act clinic in Exeter, NH. We talked with years Republicans have complained will affect people like Ashley Hurteau women who have benefited from the about health care in America. They of Dover, who said her access to health vital services this center provides to have blamed everything in the world care as a new Medicaid enrollee was thousands of Granite Staters. They on President Obama. They have hung critical to her addiction recovery. She talked about how 94 percent of the out on the sidelines, name-calling, told our newspaper, the Union Leader: services provided in New Hampshire making doomsday predictions, and ‘‘I am living proof that, by giving indi- Planned Parenthood clinics are related cheering every stumble that they could viduals suffering with substance use to prevention. This is what one of the blame on someone else. They spent a disorders access to health insurance, volunteers said in talking about the lot of energy rooting against families we, as a society, are giving people like women with whom she had met who who needed help paying for health in- me the chance to be who we really are had come to Planned Parenthood clin- surance or who wanted coverage but again.’’ ics: What they tell me is that Planned were frozen out because of preexisting I had the opportunity last Friday to Parenthood saved me. conditions. They jeered and carried on. visit a program called Hope on Haven For so many women who have eco- But what they didn’t do—ever—was lift Hill in Rochester, NH. It provides help nomic challenges, for low-income a finger to try to improve health care

VerDate Sep 11 2014 03:19 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.033 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S145 in America. But they are in charge ment, and, because of it, in Massachu- millions of Americans simply to make now. They get to call the shots. setts we got real results. a political point. They are ready to re- So what is the first thing on the Re- Just because we are all behind this peal and run. publican agenda now that they are in effort together in Massachusetts In Massachusetts, right now, families control? Is it working to help improve doesn’t mean that health care reform are watching this debate, and they are health care in America, working to has been a cake walk. Finding ways to worried about what happens to them. bring down premiums and deductibles, cover more people and bring down Kids with diabetes and moms with can- making fixes to expand the network of costs, all while improving the quality cer are worried. Hospitals and insurers doctors and the number of plans that of care, is a tough job. You have to be are watching, too, and they are wor- people can choose from—any of those? in it for the long haul. That is why, in ried—worried about an irresponsible No, the very first thing on the Repub- Massachusetts, we didn’t just pass one Republican Party that is more inter- lican agenda in the 115th Congress is to health care law in 2006 and then just ested in political stunts than in help- shatter health care in America. The run away. We came back a couple of ing Americans get access to health first thing is to rip health insurance years later with additional legislation care. out of the hands of millions of Ameri- to make fixes and adjustments. We I don’t blame them for being worried cans who need it. The first thing is to formed commissions to study how because this isn’t a game. There is no massively raise the cost of health in- things were working and to make rec- magic replacement plan that will sud- surance for everyone who has it. The ommendations for more changes. We denly make everything all better. In first thing is to create chaos for hos- passed amendments. We revised our Massachusetts, we can’t just snap back pitals, clinics, and insurance compa- regulations where they needed to be to our old health insurance system if nies, and send their costs spiraling out changed to support implementation. Republicans decide to rip up the Af- of control. The first thing is to aban- We worked to make coverage more affordable Care Act. Other States across don the people they were elected to fordable. We set standards to make the country are also facing the terri- represent. The first thing is to repeal sure insurance is a good value. We in- fying prospect that they will be left and run away. vested in prevention programs to keep high and dry as a result of the Repub- Republicans have been rushing people healthy in the first place. We licans’ reckless actions. around Capitol Hill for the past couple got more coverage for more people, and Every Senator here has ideas about of weeks, huddling in meetings and try- we lowered health care costs. how to improve health care in Amer- ing to come up with a plan to replace We kept working month after month, ica, but no Democratic Senator will the Affordable Care Act. They are year after year because we knew what vote to destroy it today based on the shocked—shocked—to discover that it meant for a family to have the peace vague assurance that maybe at some guaranteeing Americans access to of mind that comes with affordable, point Republicans might think up some health care is a complex business, and high-quality health insurance cov- kind of replacement plan later on. The they don’t have any good ideas. erage. We kept working because we Republicans’ strategy is repeal and Now, after 8 years of complaining, knew it was the right thing to do. We run. Repeal and run. That is not gov- they are trying to convince each other kept working because we knew that is erning. That is not leadership. It is one that it will all be OK if they just repeal what Massachusetts residents expected of the most reckless and irresponsible health care access, with nothing to re- us to do. Once we started something, things that has ever been proposed in place it. They are trying to reassure we had to see it through. When it got this Congress. I know some Republican each other that they know what they tough, we worked harder. We didn’t re- Senators agree with that. I know they are doing. peal and run. are worried about whether this is the Get real. They don’t have a clue what When the Affordable Care Act was right move forward, given all that to do next. For 8 years they have had signed into law in 2010, Massachusetts hangs in the balance. I hope their con- no plan, and they don’t have a plan went all in. We expanded our Medicaid sciences get the better of them and now. program. We used Federal funds to they scuttle this plan before it is too Let’s be very clear about what is cover people who still lacked insurance late. I hope they remember that every going on here. Republicans want to even after our State reforms. We set up single Senator who votes to destroy tear apart our Nation’s health care sys- a State health insurance exchange, the health care in America will be respon- tem—a health care system that pro- Health Connector, and we combined sible for the disastrous consequences tects kids with cancer, protects women Federal and State dollars to make sure that come next. getting mammograms, protects inde- that insurance was truly affordable. If Republicans actually want to im- pendent contractors, protects new Just 2 months ago, we signed an am- prove health care in America, let’s talk moms, protects college kids, protects bitious new Medicaid agreement with about how to do that. That is what we grandparents, protects disease sur- the Federal Government that will were sent here to do. That is what vot- vivors, and protects so many of Amer- allow us to set up innovative partner- ers—conservative and liberal, Repub- ica’s families. They want to tear it ships among health providers, insurers, lican and Democratic—expect us to do. apart, and they don’t have the first and community organizations so we If Republicans want to destroy health clue what to do with it afterwards. Re- can better serve Medicaid patients in care in America, I will fight them peal and run, that’s the Republican our State. every step of the way. The stakes are plan. We have a great deal to be proud of in too high for the millions of Americans In Massachusetts, we know how im- Massachusetts. More than 97 percent of whose futures are about to be sac- portant health reform is because we our citizens are insured. People have rificed so one party can make a polit- have been working on it now for coverage. They have good coverage— ical point. years—long before the Affordable Care coverage they can afford. This wasn’t Let’s stay and do the work that needs Act was even a spark on the horizon in something we got done overnight, but to be done to make sure every Amer- Washington. it is something we worked at, and it is ican gets access to high-quality, afford- My Republican colleagues could something we can achieve in every able health care. Repeal and run is for learn a lot from our work in Massachu- State if we are willing to do the work. cowards. setts. In Massachusetts, the belief that Democrats and nonpartisan govern- Mr. President, I yield. everyone should have access to afford- ment officials have worked for years The PRESIDING OFFICER. The Sen- able health insurance coverage is a here in Washington to try to make this ator from New Mexico. shared value that Democrats, Repub- health system work, and we have made Mr. UDALL. Mr. President, I rise, licans, business leaders, hospitals, in- real progress. Now Republicans in Con- along with Senator WARREN and my surers, doctors, consumers, and advo- gress are ready to throw away these other colleagues this evening, to op- cates have all worked to implement years and years of progress. They are pose this action by President-Elect over the past decade. It is not just the ready to threaten the collapse of our Trump and congressional Republicans lip service we are hearing right now insurance markets. They are ready to to take health care away from tens of here in Washington. It is real commit- threaten the health and the safety of thousands of New Mexicans.

VerDate Sep 11 2014 03:19 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.035 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S146 CONGRESSIONAL RECORD — SENATE January 9, 2017 Let me be clear. What President- will be at risk. Kevin is also scared because they have no plan to replace the Elect Trump and Republicans are doing cause the cost of treating Amber’s dis- Affordable Care Act. now will throw health care into chaos. ease is so high. Without the ACA, any New Mexico is not a wealthy State. A It is reckless. It will hurt thousands of insurance company could cut off her lot of working people qualify for Med- New Mexicans and millions of Ameri- health coverage if her medical expenses icaid. New Mexico wisely adopted the cans. The worst part is, the Repub- exceeded the company’s lifetime limit. Medicaid expansion under the ACA, al- licans have no plan to replace care This provision protects an estimated lowing 82,000 more people to get health they will take away. 550,000 New Mexicans and an estimated care. Before the ACA, the only place The Affordable Care Act is not a per- 105 million Americans. many New Mexicans could get health fect law. I have always said we should People who need medical care the care was in the emergency room. Now work to improve it. It has helped thou- most, people with serious medical many are scared that President-Elect sands of people in my home State of problems, have some of the highest Trump and Republicans will take their New Mexico. Before we passed the Af- medical costs. If President-Elect health care away. fordable Care Act, New Mexico had a Trump and Republicans have their Take Amy, her husband, and her four high rate of people without health in- way, care for people like Amber would boys—ages 13 to 19. Amy and her hus- surance. It was one of the highest in be wiped away. I am the father of a band own a family business in Sante our region and in the country. Since daughter, and I am angry this father Fe. Before the ACA, they went without 2010, that number has gone down 44 per- has to worry about whether his daugh- health insurance because they couldn’t cent—pretty incredible. ter will get the medical care she needs afford it. They just hoped nothing cata- Countless people have written me, to live a healthy and productive life. strophic happened to them. As soon as called my office, and stopped me on the Let me tell you about Pam and Mike. she could, Amy applied for health in- street to tell me how relieved they are They are a husband and wife from surance under the Medicaid expansion. to have health care. Others tell me we Placitas. They own a small business. It covers her, her husband, her oldest can’t afford to go back to having insur- They signed up for an insurance plan son. Amy says she is grateful that be- ance companies in charge, we can’t go under the Affordable Care Act as soon cause of the ACA, medical bills will not back to caps on coverage, back to al- as they could because premiums before ‘‘drain us financially.’’ lowing corporations to deny care be- the ACA were too expensive and Pam There are 8.4 million people across this country like Amy. Like Amy, cause of a preexisting condition, and had a preexisting condition. Using many are low-income workers. They back to lifetime limits. their new preventive care, they found Tonight I want to share what just a out that Mike had an aggressive form have jobs but no health insurance. few of my constituents have told me. of cancer. Thankfully, doctors caught They couldn’t afford health insurance before the ACA, and they will not be ‘‘Save my daughter.’’ That was the the cancer at an early stage. Mike was able to afford it if President-Elect heartbreaking plea that came to me treated at the New Mexico Cancer Cen- Trump and congressional Republicans from one of my constituents, Kevin ter and is now cured. Pam says there is have their way and repeal it with no from Albuquerque. Kevin’s 33-year-old no question that the ACA saved her daughter Amber has multiple sclerosis. plan to replace it. husband’s life. These hard-working Americans de- It is a tough disease, as we all know. Because of the ACA, private health serve good medical care. Americans To treat her MS, Amber must follow plans must cover a range of free pre- agree. Eighty percent favor the Med- an exact and rigorous drug regimen, ventive services—everything from can- icaid expansion for low-income, unin- coupled with regular visits to her neu- cer screening to flu shots. Over 730,000 sured adults. rologist and annual MRIs. The retail New Mexicans now benefit. Discovering Finally, we have 19 pueblos—Indian cost of her drugs is $60,000 per year. Her a disease early saves lives and reduces pueblos—and 4 tribes in New Mexico. doctor visits and MRIs would run into health care costs, but preventive care Native Americans make up more than the thousands of dollars. is expensive if you are uninsured or one-tenth of our population. As vice Amber works. In fact, she has a good- poor. chair of this body’s Indian Affairs Com- paying job, but her employer does not An overwhelming majority of Ameri- mittee, I represent all of Indian Coun- provide health insurance. Amber pur- cans—83 percent, in fact—support mak- try. Native Americans are eligible to chases health insurance through the ing preventive health care free. What receive care through the Indian Health individual open market without Afford- would President-Elect Trump and Re- Service, but it is severely underfunded. able Care Act subsidies. Amber is able publicans do to make sure Pam and Long delays are common. As a result, to work because she gets the medical Mike and millions of others can keep many tribal members rely heavily on care she needs through insurance. getting cancer screenings? Nothing. Medicare, Medicaid, and the ACA Kevin fears his daughter will lose the They have no plan. They talk but no health exchanges. More than 132,000 right to health insurance if the Afford- plan. tribal members are enrolled in Med- able Care Act is repealed. The ACA Next, I want to tell you about Karen icaid in New Mexico alone. The All makes it illegal for an insurance com- from Albuquerque, the mother of two Pueblo Council of Governors, which pany to deny you coverage if you have college-aged children. Karen’s son represents all 19 pueblos, tells me, a preexisting condition such as MS. graduates next May and turns 23. She without the ACA, more tribal members The Affordable Care Act provides as- is worried he will not get health insur- will go back to the days of long delays, surance that Amber will get the cov- ance for an entry-level job. Her concern many will see their coverage cut. erage she needs to remain healthy, to is well-founded since young adults have This is also the subject of an amend- lead a normal life, to work, to con- the lowest rate of access to employer- ment I will be offering. Indian Health tribute to society, and to stay off pub- based insurance. Young adults do get Services’ hospitals are heavily depend- lic assistance, and to survive. This one sick, and one in six has a chronic ill- ent on third-party collections for clin- provision protects an estimated 861,000 ness such as cancer, diabetes, or asth- ical services. In fact, current Federal New Mexicans and an estimated 134 ma. Karen wants her son to have med- funding covers less than half of their million Americans. It is a safe bet that ical care if he needs it. operational costs. Fortunately, in- all of us here know at least one person Today, the ACA allows him to stay creases in revenue from the Medicaid like Amber. It isn’t surprising that the on her insurance policy until he turns expansion have offset those annual vast majority of Americans—close to 70 26. This is one of the ACA’s most pop- costs. But without that revenue, nec- percent—want to keep this protection. ular provisions. The vast majority of essary services may no longer be avail- The Kaiser Family Foundation esti- Americans—85 percent—want young able throughout Indian country. This mates more than one-quarter of all adults to be able to get insurance, but is unconscionable. My amendment adults under age 65 have health prob- President-Elect Trump and congres- would protect the Indian Health Serv- lems and that could make them unin- sional Republicans would leave an esti- ice from any cuts in Federal funding if surable without the Affordable Care mated 15,000 New Mexicans, like the Affordable Care Act is repealed. Act. If President-Elect Trump and the Karen’s kids, and an estimated 2.3 mil- There are tens of thousands of stories Republicans get their way, all of this lion Americans without coverage be- in New Mexico like those of Kevin,

VerDate Sep 11 2014 03:19 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.036 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S147 Pam, Mike, Karen, and Amy. Over This is not a game; this is a matter what is at stake here. Denying a family 360,000 New Mexicans have gained of life and death. Without any plan in health care, denying a whole commu- health care since the Affordable Care place, this repeal and run maneuver nity health care is reckless and im- Act was passed, and over 21 million will cause health care costs for all moral. Americans have health insurance be- Americans to skyrocket. Dismantling You might hear Republicans say they cause of ObamaCare. I have heard from our health care system literally means want to tear everything apart now, but New Mexicans who are terrified be- taking hundreds of dollars each month we shouldn’t worry because they will cause there is no plan to replace the away from hard-working families. In fix it later. Let me be clear: We have Affordable Care Act’s protections, ben- my book, that is highway robbery. the capacity to fix and improve our efits, and rights. How? It is simple. This reckless Repub- current health care system in a bipar- Republicans have called to repeal and lican repeal and run will strip away the tisan way without throwing it all into replace the Affordable Care Act for tax credits that help many working chaos, but Republicans have to make years. They have had years to figure Americans afford their premiums. that choice before it is too late. I out how to replace it, and they have More than 32,000 New Mexicans rely on would welcome honest attempts to find not. They have no plan. Repeal and re- those tax credits, which average about ways to improve our Nation’s health place is not a sound public policy. It is $200 a month—well over half of their care laws, to make them work better only a sound bite. monthly premium for health care cov- for all Americans. Health care is a basic human right. erage. Many of the sickest, oldest, and In the past, I have taken the lead on Providing adequate medical care for the poorest of our neighbors and family commonsense fixes to our Nation’s health care policies. In 2010, in the everyone should be our guiding prin- members will lose their health care House of Representatives, I led the ciple for health care policy. What is the coverage altogether. guiding principle of repeal and replace? Over 20,000 New Mexican seniors will fight to extend coverage to the chil- Act now; figure it out later. be forced to pay $1,000 more per year dren of military families covered by TRICARE up until the time they are 26 I have said it before: The Affordable for their prescription drugs. Fixed in- years old. After hearing from many Care Act is not perfect, but it was his- come seniors can’t afford to pay more small businesses in New Mexico, I toric—the biggest expansion of health for prescription drugs. care since the 1960s. It has helped mil- Dismantling our health care system fought to repeal unnecessary 1099 tax reporting requirements for small busi- lions of Americans get care. Many of is particularly problematic in our Na- nesses. To this day, I continue to work them now can see a doctor regularly tion’s rural areas, including much of with Republicans like DEAN HELLER of for the first time ever. the State of New Mexico. Last fall I We need to work to improve, not re- Nevada to eliminate the so-called Cad- went on a multiday rural health care illac tax that would place an incredibly peal the Affordable Care Act. listening tour across communities Thank you, Mr. President. unfair tax burden on employer-pro- I yield the floor. throughout Northeastern New Mexico. vided health insurance that many The PRESIDING OFFICER. The Sen- Rural hospitals like those in Raton, working families rely on. ator from New Mexico. Clayton, and Santa Rosa are often the Republicans need to put partisan pol- Mr. HEINRICH. Mr. President, I am only health care providers for hundreds itics aside and remember why Congress here tonight to join my colleague the of miles in any direction. Under the Af- passed the ACA in the first place: To senior Senator from New Mexico and fordable Care Act, rural hospitals agree expand access to quality health care all my other colleagues on the Senate to exchange higher rates of insurance for all Americans. Before we passed floor to stand up for hundreds of thou- coverage for their patients for a reduc- health care reform, New Mexico had sands of my constituents in New Mex- tion in reimbursement rates. In other the second highest rate of uninsured ico who will lose their health care cov- words, they aren’t being paid as much citizens in the entire Nation. erage if Republicans repeal the Afford- per patient as they once were, but the I have heard from a lot of New Mexi- able Care Act and throw our Nation’s number of patients who come in with- cans who have told me how access to health care system into chaos. out any insurance is dramatically health care coverage has impacted It is absolutely criminal for Repub- lower. Now Republicans are going to their lives, even saved their lives. I licans to strip millions of their health take away coverage from a quarter would like to tell you just one story of care without even a conceptual re- million New Mexicans, but they aren’t one of those New Mexicans. placement plan in place. To my col- going to give rural hospitals their Karen from Santa Fe is a registered leagues on the other side of the aisle, I higher reimbursement premiums back. nurse, and she is a breast cancer sur- want to make it clear that ‘‘we will fix This repeal and run maneuver will vivor. As a nurse, Karen has seen how it later’’ simply doesn’t cut it. cause many rural hospitals that al- health care reform and the reduction of They promised repeal and replace, ready are operating on the margins to uninsured and uncompensated care has and now they are giving us repeal and shut their doors or to simply turn away helped community hospitals better run, and that will cause chaos in our sick patients. serve their patients. But the real im- health care system. In my home State Nationwide, nearly 700 local hospitals pact of health care reform for Karen of New Mexico, according to the Urban in rural communities face the risk of has been personal. When she was diag- Institute, an estimated 266,000 people imminent closure. Think about that. nosed with breast cancer in 2002, will lose their health care coverage. That is nearly one-third of the Nation’s Karen’s insurance company dropped This is not a change to their plan or a hospitals. Almost all of them would be her coverage. When she had to pay out different premium. They will lose their forced to turn away patients if the Re- of pocket for her coverage, her costs coverage in its entirety. Thousands publicans move forward in dismantling doubled. As she went through several more of our State’s 2 million residents our Nation’s health care system. In more recurrences of cancer, Karen will lose access to birth control and New Mexico, that would mean forcing went bankrupt. She lost her home. In a letter to me, she said: ‘‘Cancer is other preventive services and Medicare many of my constituents to drive for hard enough, but not to be able to af- prescription drug coverage. Nearly ev- hours to access critical lifesaving care. ford my co-pays and appointments eryone will be subjected to higher costs It would also shake our State’s econ- caused me so much stress it made me for lower quality insurance, especially omy to its core. more vulnerable for complications.’’ those with preexisting conditions. Dis- Health care jobs were one of the few Today, Karen is able to afford health mantling our health care system would economic bright spots in New Mexico care coverage even with her preexisting also put at risk many of the gains we over the past 6 years, particularly in condition. But Republicans are threat- made in protecting the 860,000 New rural communities, but this reckless ening to take that all away from her Mexicans who have preexisting condi- plan—or I should say lack of one, to be and from hundreds of millions of other tions like cancer, diabetes, and heart accurate—throws our Nation’s health Americans. disease. These individuals will be care system into chaos and scars New Karen went on to say in her letter: forced to pay more for their health Mexico’s rural communities for years No one should go without health care be- care coverage and possibly lose access to come. A community whose hospital cause of income. Good health is not a privi- altogether. shuts down may never recover. That is lege for a wealthy few, but a human right.

VerDate Sep 11 2014 03:19 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.038 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S148 CONGRESSIONAL RECORD — SENATE January 9, 2017 It is hard to say it any better than that no one is left out in the cold, so then everyone has to buy it or the cost that. No American has sent their elect- that no one is worse off.’’ That is won- explodes. Now, look, if you have a bet- ed representative to Washington to derful. No one being worse off is ex- ter way to keep people covered and score political points and threaten the actly what we want to see. keep costs down, show me the plan. health and finances of hard-working I am sure Speaker RYAN’s staff was Show me the plan. But this is the best Americans. Republicans need to realize mistaken when they later told a re- one the Heritage Foundation could that is exactly what they are doing. porter that the ‘‘no one worse off’’ ap- come up with. What they are doing means chaos. It plied only to the transition period, not But wait, what if someone can’t af- means less health care. It is that sim- to the replacement period. Show me ford that health insurance? That brings ple. the plan, please. Please show me the us to the third leg. The government I wish we could be here today talking plan that keeps coverage for the 20 mil- will subsidize insurance for people who about pragmatic policy solutions to re- lion people who have gained coverage can’t afford it. Voila. There you have duce health care costs and improve that would continue to bend the cost it, the Heritage Foundation plan, how providers actually deliver that curve so the cost of the entire health which a Republican Governor then im- care. Instead, and unfortunately, we care system continues to grow less plemented in a State to huge success. are here trying to stop Republicans quickly than it did before ACA was Let me ask you, my Republican from turning bumper sticker govern- adopted, the plan that would ensure friends, is that your plan? Because if it ance into a very real disaster for thou- that nobody gets denied coverage when is, it works for me. Guess what. Then sands of my constituents and millions they need it or has to unfairly pay we don’t even have to repeal the Af- of Americans. This reckless effort more than someone else because of fordable Care Act in order to replace it threatens the very lives and the liveli- their gender or a preexisting condition. with this plan because this plan was hoods of the people of New Mexico. Show me that plan. the model for the Affordable Care Act. I will not stand for that, and I know I know Republicans have put forward The Affordable Care Act is not perfect. my constituents will not either. some different plans, a lot of different Premiums went up a lot this fall for The PRESIDING OFFICER. The Sen- plans, but a lot of plans is not a plan. people buying insurance through the ator from Minnesota. A lot of plans is not a plan. We want to marketplace. Mr. FRANKEN. Mr. President, like see the plan, you know, the one you It is often ignored that subsidies my colleagues here today, I rise to talk have been working on for 6 years. I was cover the cost increases for about 70 about the Republican effort to repeal here in 2009 when we passed the ACA. I percent of those folks, but for many and replace the Affordable Care Act. I know how hard it was. If I could, let those increases genuinely hurt. That is have been talking to a lot of people in me offer you something. Some of your a real problem. Then the solution to it Minnesota who have health insurance, Republican friends actually did come is to recognize that subsidies don’t pro- thanks to the Affordable Care Act, or up with a health care plan a while ago. vide enough help and don’t go to whose lives are changed by the protec- It all started at the Heritage Founda- enough people. Let’s fix that. There are tions in the ACA that benefit every tion, which is a bona fide conservative places where there is not enough com- American. Frankly, they are scared, think tank. petition. The best and most direct solu- hard-working people for whom this is Over at Heritage, they did not like tion that I know of is to introduce a literally life or death. If their health the idea of single-payer health care in- public option. insurance is taken away, they do not surance, where the government is ev- If my Republican colleagues have an- know what they are going to do. eryone’s insurer. So what they wanted other idea about how to address these Today, on their behalf, I have one re- to come up with was a way to use the costs and competition issues that quest for my Republican colleagues: magic of the marketplace to solve the would ensure that people don’t lose Show us your health care plan. You problem of providing everyone access their coverage, I am ready to roll up must have one. We would like to hear to insurance. my sleeves and go to work. While we it. We would like to see it now. You Here is what they came up with, a are honest about the shortcomings, can understand the question, right? If three-legged stool. The first leg is, in- let’s not forget the bottom line. As a your child had cancer and the Afford- surance companies can’t deny coverage primary care doctor for Indiana Uni- able Care Act was the reason you could to people with a preexisting condition. versity’s Health Physicians said, ‘‘I’ve get health insurance, you wouldn’t They can’t charge them more. We can been a registered Republican my whole want to rip up the ACA before knowing all agree on that, right? President- life, but I support the Affordable Care what would replace it. I am not the Elect Trump and I agree on that, for Act because it allows patients to be only Senator with constituents whose sure. It is a great idea—great idea—but taken care of.’’ lives are on the line here, so I know there is a catch. If you can not turn For 6 years, you have been blasting that you don’t intend to rip up the Af- people down because of preexisting the ACA, promising to replace it with fordable Care Act and leave them with conditions, you cannot charge them something better. Let’s see what you nothing. You have to have a plan, more, well then everyone would just have, but don’t just tell me your plan. right? So let’s just see it. wait to buy health insurance until they I want you to join me on a trip to Min- Last week, President Obama said get sick and need care. But the whole nesota to see Dolly. Dolly is one of my that if Republicans produce a plan that idea of health insurance is that at any constituents who wrote to me about is ‘‘demonstrably better than given moment, most of the people pay- her husband’s pulmonary embolism. ObamaCare,’’ he would support it, and ing premiums are healthy. So their Before the ACA, she and her husband so will I. Just show it to me. President- premiums cover the cost of the people both had jobs that did not offer health Elect Trump clearly has a plan. He laid who are sick. insurance, but once the ACA passed, it out, laid it all out during his cam- If the only people with insurance are they were able to buy insurance and go paign. His plan was, he said, to ‘‘repeal sick, the premiums will skyrocket. So to the doctor. ObamaCare and replace it with some- you need a way to get healthy people The doctor discovered her husband’s thing terrific.’’ That is what he said. into the system to bring the cost of in- embolism and saved his life. I would Then he went into a little more detail surance down, which brings us to leg like you to look Dolly in the eye and and explained that ‘‘something ter- No. 2. Everyone has to be insured, oth- explain how your plan—your plan—will rific’’ would be ‘‘so much better, so erwise known as the individual man- ensure that her husband’s life will not much better, so much better.’’ date. Everyone has to be insured. The be endangered. Terrific. So much better. That Heritage Foundation said that. They I would like you to join me in talking sounds great. Let’s see it. One of called it the free rider syndrome. They to Gina. Before the ACA became law, Trump’s top advisers said on MSNBC: said, no, everyone has to be insured. Gina’s father was undergoing treat- ‘‘We don’t want anyone who currently This is what conservatives now say ment for leukemia. Then one day he has insurance to not have insurance.’’ they hate; that the government says was told he had hit the lifetime max- Great. Neither do we. Speaker RYAN everyone has to buy insurance. But if imum on his insurance coverage. From said that there will ‘‘be a bridge so you have to sell everyone insurance, that point on, the family would have to

VerDate Sep 11 2014 03:19 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.039 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S149 pay for his treatment out of pocket, existences of millions and millions of dare I say at some point, reduced by so but they did not have the money so Americans who would lose health care much that we may look back, and we they stopped treatment. Gina’s father coverage if this measure is just re- will say: That Prevention and Public died 3 days later. pealed. Health Fund was one good investment, Since then, Gina’s fiance was diag- In fact, 22 million people across the but not if it is decimated and destroyed nosed with Crohn’s disease. So I want country and more than 100,000 in Con- by the repeal of the Affordable Care you to explain to Gina how exactly necticut would lose that critical insur- Act, which costs us money as well as under your plan Gina will not face the ance. Preexisting conditions would be- lives. same kind of impossible financial situ- come, again, an excuse for the health In Connecticut, the fund has invested ation with her future husband’s condi- care industry and insurance companies over $27 million in our communities tion that she did with her dad. Sit to deny coverage. Women would be since 2010, improving the lives and down with Gina and tell her that. charged more simply because they are well-being of the people of Connecticut Now, once you are done calming women. And young people would be de- literally every day. Gina’s concerns about what your plan nied access to their parents’ health This strong investment has provided might do to her family, we will go over care coverage up to the age of 26. more Connecticut women with and talk to Leanna. Leanna’s 3-year- Those kinds of losses just begin the screenings for cancer, mammograms, old son Henry has been diagnosed with list, but among the most egregious of other critical, preventive care, and it acute lymphoblastic leukemia. His the profound defects to this approach is has given our State health department treatment will last until at least April the effect on the Prevention and Public the ability to prevent diabetes, heart of 2018. He often needs around-the- Health Fund. I know it isn’t a house- disease, and stroke and to fight obesity clock care to manage his nausea, vom- hold term: Prevention and Public through improved physical activity. iting, pain, and sleepless nights. Little Health Fund. It is not exactly on ev- It has allowed our State to address Henry’s immune system is so com- eryone’s tongue, but it is a measure school health much more effectively, promised that he is not supposed to go that is profoundly important to the fu- and we are talking about the Nation’s to daycare. So Leanna has left her job ture of this Nation if you care about children—preventing obesity, smoking, to take care of him. They are sup- lives and dollars. And if you care about diabetes, which, as we know, more and ported by her spouse, but they could dollars, the $931 million from the Pre- more affects our children. not pay for his treatment on one sal- vention and Public Health Fund is allo- It has staved off disease outbreaks by ary. cated to provide funding for things like providing Connecticut with millions of Leanna says: diabetes prevention, preventing dollars to provide vaccinations for It is because of the ACA that Henry gets healthcare-associated infections, young people who otherwise would go proper health care. Henry can get therapy chronic disease management, smoking without, children who would be denied and the things he needs to maintain his prevention, lead poisoning, suicide pre- this essential means of preventing health and work towards beating cancer. vention, and Alzheimer’s disease pre- emotionally crippling, if not physically Henry is still with us because of the ACA. vention. debilitating, diseases that can trans- Let me say that again. ‘‘Henry is You may not consider these kinds of form their lives forever. still with us because of the ACA.’’ I challenges—smoking prevention, lead Perhaps most importantly, the Pre- want you to sit down with Leanna, as poisoning, Alzheimer’s disease, hos- vention Fund has relied on the commu- she holds her precious 3-year-old son, pital-acquired infections—as the most nities impacted by the money for solu- and explain how Henry will still be glamorous, but treating them costs tions. That means stronger collabora- with us under your plan. Show us your millions and millions and millions of tion between community organizations plan. Show us your plan. dollars—in fact, billions of dollars. and the health system to prevent sui- I yield the floor. Just to give you one example, the cides, for example, in the Community The PRESIDING OFFICER. The Sen- Tips From Former Smokers campaign, Transformation Grants Program that ator from Connecticut. which the Prevention and Public encourages healthier lifestyles across Mr. BLUMENTHAL. Mr. President, I Health Fund supports, has led to an es- our State. am honored to be here tonight with my timated 1.6 million smokers attempt- The ACA, in short, has reflected a very eloquent colleague Senator ing to quit smoking and has helped historic shift. We are trying to prevent, FRANKEN from Minnesota and also with 100,000 Americans quit smoking. To- not just treat the disease, and that two colleagues who will follow me bacco use is the single largest prevent- kind of investment from the Preven- shortly, Senator SCHATZ and Senator able cause of disease and premature tion and Public Health Fund in my MARKEY, all of them great champions death in the United States. The coun- State and many others has already proof better, more affordable health care try spent $133 million on tobacco-reduced a return on that investment for all the people who live in this great lated healthcare costs between 2000 and which is of invaluable importance. country. 2012. I have authored an amendment, This is the greatest country in the I just made I think an error. I said which currently has 12 cosponsors, to history of the world because we care $133 million. In fact, it is $133 billion. create a budget point of order against about each other and we care about the How easy it seems to confuse billions any piece of legislation that would common good. That is what the Afford- with millions—$133 billion by investing take away funding for preventive care. able Care Act represents. It is not per- this kind of money from the Preven- It is very simple. If we are going to fect. No great social reform ever is the tion and Public Health Fund. We can work toward reducing the cost of first time around, including Social Se- literally save tens of billions of dollars health care in this great country, we curity, but it can be repaired and im- on smoking-related diseases and pre- should not be talking about getting rid proved without completely repealing mature deaths. of effective and efficient ways of pre- it. Improving public health outcomes venting disease. We ought to be talking So repeal without a replacement is and preventing the public from getting about reducing drug prices, stopping the height of irresponsibility. The first sick and dying are important goals in costly addictions, preventing disease, order of business for the Republican and of themselves because the human and improving the quality and effi- leadership during this session of Con- suffering and the premature deaths ciency of care. gress is to tear down and rip apart the they cause are important, humane I want to stress, again, the impor- Affordable Care Act, not to deal with causes to our Nation, a nation that tance of reducing pharmaceutical drug job creation or economic growth. In cares about people. But the $1.3 trillion prices, which has been a concern to me fact, the Affordable Care Act provides 3 in treatment costs and lost produc- for years in this job and for many more million jobs in our country, and repeal- tivity every year—let me repeat that— years when I served as our State’s ating it would eliminate those jobs. No, $1.3 trillion in treatment costs and lost torney general. it is to destroy and decimate a program productivity every year on chronic dis- But reducing health care costs and that has literally saved lives, opened eases like cancer, diabetes, heart dis- improving quality is not what our Re- new futures, transformed the ease, and stroke can be reduced and, publican colleagues are trying to do.

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.041 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S150 CONGRESSIONAL RECORD — SENATE January 9, 2017 They are trying to make good on cam- would do. If we wanted to move a bill money. That is why Senator CASSIDY paign rhetoric and political promises along but we weren’t sure exactly what and I introduced the Public Health to completely repeal the Affordable to do, we would flaw the effective date Emergency Response and Account- Care Act without any replacement, because we knew the language didn’t ability Act last Congress. Our bill, on a without following through on their work yet, but we wanted to take it to bipartisan basis, recognized, basically, commitment to provide health insur- conference committee. We didn’t want that we should be able to respond ance to our Nation’s people. We are ex- it to be enacted into law, but we want- quickly to public health threats before pected to just wait and see what they ed it to move through the process. So they spread and harm more Americans have in the plan. Meanwhile, millions what we would do is we would flaw the and cost more money. of people will be left without health effective date. We would say ‘‘Effective That is what the ACA does through care, and the health care industry will year 2100,’’ so that even if it were acci- its Prevention and Public Health Fund. be in confusion and chaos as insurance dentally enacted into law, it wouldn’t The fund serves a very important dual companies wonder what comes next. have the force of law. purpose, investing Federal dollars in The simple fact is that our Repub- Yet once in a while, a staffer or a effective programs that prevent disease lican colleagues have no idea, no clue, member would make a clerical error and also it saves money. no plan. In their view, the Earth is flat. and actually enact something with a It is a simple concept. We should stop They can abolish something and prom- delayed effective date into law, and diseases from developing or spreading ise to replace it because they know they were humiliated. This was a mis- before they start. This sounds like something will come. That is unaccept- take. This was a clerical error, and this common sense to almost everybody, able, and I will fight to ensure that the showed that it was amateur hour. This but here is the problem. In the partisan Affordable Care Act continues to mean showed that somebody didn’t know battle around the ACA, even a really access to affordable health care for what they were doing. This showed good idea within the Affordable Care millions of Americans. Most impor- that somebody wasn’t a very serious Act must be bad because it is part of tantly, fairness and effectiveness in legislator. ObamaCare. This is insane. health care means prevention. The Pre- Yet here we are in the Nation’s legis- This is the Prevention and Public vention and Public Health Fund is crit- lature, here we are in the world’s Health Fund that provides money to ical to that effort. greatest deliberative body, and we are the Centers for Disease Control. The I hope my colleagues will recognize doing that on purpose. We are doing CDC did an incredible job with the U.S. the importance of prevention, safe- that right away. We are doing this with Public Health Service, with the U.S. guarding our health, and heed the the Affordable Care Act after 7 years of military in addressing the Ebola crisis. voices and faces that have been so dra- blasting this law because they know The CDC did an incredible job, again, matic and powerful to me, so inspiring they can’t repeal the parts that are with the National Institutes of Health in their courage and strength, as they popular. So what they are going to do and others in addressing the potential were just this morning when I met is eviscerate the revenue attached to Zika crisis, which looks to have with and presented to the people of the bill and leave themselves, as one of abated. The CDC does incredibly im- Connecticut at an event we did there. my colleagues said, in a ‘‘box canyon’’ portant work in tobacco prevention Three brave women came forward to so the only thing they can do is shovel and cessation, and this Prevention and talk about what the Affordable Care money to insurance companies—bor- Public Health Fund has gotten 1.8 mil- Act had meant to them and what its rowed money—to maintain the benefit lion individual smokers to call and try loss would mean as well. These perhaps because they don’t want to deal with to quit smoking. That is hundreds of not immediately visible voices and the political ramifications of what thousands of lives saved, not just in faces should be a stirring reminder to they had done to their constituents on blue or purple States but all across the our colleagues that we need to do bet- preexisting conditions, on coverage for country. This Prevention and Public ter, improve the Affordable Care Act, people up to the age of 26, on preven- Health Fund helps our elderly to avoid make it better—but not simply trash tion. falls. It helps our elderly to avoid falls. it, decimate it, destroy it, and abandon This is the most unserious effort I I know there are people of goodwill on the great hope and ideal of assuring af- have seen in this legislative body. This both sides of the aisle. I know that we fordable care for all. is absolutely unserious. And whatever are all responsive to our senior citizens I yield now to my colleague from Ha- your political persuasion is, you should in our individual communities, and I waii, Senator SCHATZ, who has been a ask every Member of the Senate to know that this is a smart and humane champion of affordable care in this Na- stand up and be counted and say what use of public health money. If we can tion and is a great credit to his State they want to do about health care in prevent an elderly citizen from falling of Hawaii. the United States. in their own home or falling on the The PRESIDING OFFICER. The Sen- The answer can no longer be because way to a bus stop or to church or to a ator from Hawaii. it is an article of faith that because the family member’s home, that is money Mr. SCHATZ. Mr. President, I thank Affordable Care Act has ‘‘Obama’’ in well spent, not just morally but fis- the senior Senator from Connecticut its name—it is ObamaCare—it must be cally. for his leadership on this and so many bad, and it must be repealed root and This is my great regret when it other issues on behalf of the people of branch. That is no longer acceptable. comes to the Affordable Care Act and his home State. This President is only President for the debate that is happening. The only Before I get into prevention as a pol- another 10 days, and we have an obliga- time I hear a serious-minded, good- icy issue, I just want to reiterate a tion to our constituents to say what we faith debate between a Republican and process point. are going to do about this law. We all a Democrat in the Senate when it Here we are in the world’s greatest know that we should get a regular comes to the Affordable Care Act is in deliberative body—the world’s greatest check-up from our doctor, eat fruits private, because if you look at this side deliberative body—and there really are and vegetables, and exercise as much of the Chamber, there is only one Mem- so many talented individuals who come as possible, as difficult as it is for all of ber of the Republican caucus who is from county counsels, who come from us at times. Why do we do this? Any here. We are not having the world’s State assemblies, who come from State doctor will tell you that it is better to greatest deliberative body deliberate senates, who come from the U.S. stay healthy and prevent disease than over the Affordable Care Act. We have House, and find themselves in the U.S. to get sick. It is not just common an empty Chamber, full of Republicans Senate, the world’s greatest delibera- sense. It is not only less painful for who are absolutely bound and deter- tive body. And here we are debating people, but it is less costly to prevent mined to walk off this cliff and take 22 one of the biggest public policy issues illness than to treat it. million Americans with them. over the last decade, arguably over the The same is true for public health. If Public health prevention works. Pub- last generation. Here we are. we can prevent drunk driving or the lic health prevention is fiscally pru- I am thinking about my early days in spread of diseases such as Zika, we dent, and it is the humane thing to do. the Hawaii legislature and what we could save lives and save the public That is just one of the many attributes

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.042 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S151 of the Affordable Care Act that ought from the flood and resulting damages We are rebuilding—as Illinoisans al- to be preserved. and who were concerned about what ways do—and we will be stronger for it. If there is to be a good faith con- could happen if levees overtop and f versation about how to improve upon breach again in the future. the Affordable Care Act, we are all People like Bruce Ford, from Olive SECRETARY OF STATE KERRY’S ears. I can guarantee you that there Branch, IL, worked day and night to SPEECH ON A TWO-STATE SOLU- are 48 of us who want to have that con- clean out debris and move equipment TION TO THE ISRALEI-PALES- versation, but do not put the whole back into their businesses, but he wor- TINIAN CONFLICT country into this box canyon. Excuse ried about how long he would be out of Mr. LEAHY. Mr. President, last week me for mixing my metaphors. Do not business and whether or not he would the junior Senator from Texas spoke take the whole country off this cliff be- be able to rebuild in the event of an- about Secretary of State Kerry’s re- cause it is going to be very, very dif- other disaster. And he is not alone— cent speech explaining the administra- ficult for us to make good policy after many residents in these communities tion’s decision to not veto U.N. Secu- that. worry that they will not have the rity Council Resolution 2334 and sup- With that, I yield the floor to the means to fix properties and businesses porting a two-state solution to the con- senior Senator from Massachusetts. all over again. flict between Israel and the Palestin- Mr. MARKEY. Thank you. I yield to The Governor declared 23 counties ians. The Senator asserted that Sec- Senator DAINES. State disaster areas, and State and retary Kerry ‘‘equated’’ Israel and The PRESIDING OFFICER (Mr. local emergency responders were dis- Hamas, that President Obama and Sec- YOUNG). The Senator from Montana. patched to affected areas. I supported retary Kerry are ‘‘relentless enemies of Mr. DAINES. Mr. President, I ask his request for a Federal disaster dec- Israel’’ who ‘‘consider the existence unanimous consent that it be in order laration for 21 counties in the State. and creation of Israel to be a disaster.’’ to call up the Flake amendment No. 52, The State disaster declaration al- He said their actions toward Israel and that at 2:30 p.m. tomorrow, the lowed people in affected communities were intended to ‘‘facilitate assaults on Senate vote in relation to Flake whose homes and businesses were dam- the nation of Israel.’’ He also accused amendment; further, that following the aged to start repairs and receive the them of ‘‘turning a blind eye’’ to ter- disposition of the Flake amendment, help they needed. rorism. there be 2 minutes of debate, equally And I want to say thanks for the Anyone who reads Secretary Kerry’s divided in the usual form, prior to the hard work and dedication of James Jo- speech will recognize the fallacy of vote in relation to the Sanders amend- seph, head of the Illinois Emergency those baseless and inflammatory accu- ment No. 19. Management Agency; he was there sations. To the contrary, Secretary The PRESIDING OFFICER. Is there when his constituents and commu- Kerry eloquently and compellingly and objection? nities needed him the most. with a foreboding sense of urgency The State provided over 997,000 sand- Without objection, it is so ordered. about the receding prospects for a two- bags, over 4,000 tons of sand, and 117 Il- f state solution reaffirmed the adminis- linois Department of Transportation tration’s condemnation of terrorism MORNING BUSINESS trucks for flood mitigation and re- and incitement, its unprecedented sup- Mr. DAINES. Mr. President, I ask sponse efforts. port for Israel’s security, and his own unanimous consent that the Senate be The Small Business Administration longstanding commitment to Israel’s in a period of morning business, with also made loans available to home- survival as a democratic state, living Senators permitted to speak therein owners and businesses in Christian, Ir- in peace with its Arab neighbors. for up to 10 minutes each. oquois, Ford, Kankakee, Macon, Mont- I urge all Senators to read his speech The PRESIDING OFFICER. Without gomery, Sangamon, Shelby, and and to arrive at their own conclusions. objection, it is so ordered. Vermilion Counties. The situation the Secretary describes f I want to acknowledge the dedication of the State and Federal employees should be alarming to anyone who ANNIVERSARY OF DECEMBER/ who pitched in at every level, from the wants peace and security for Israel and JANUARY FLOODING Federal Emergency Management Agen- a viable, independent state for the Pal- Mr. DURBIN. Mr. President, I come cy and the Army Corps of Engineers to estinian people, which are of vital im- to reflect on the 1-year anniversary of the Illinois Emergency Management portance to the national interests of rain and winter storms that swept Agency. the United States. While the Sec- across the State of Illinois, causing Finally, I can’t overstate how proud I retary’s speech is too long to be print- widespread flooding and devastation. am of the volunteers, National Guard ed in the RECORD in full, I ask unani- In the midst of the holidays, heavy members, and local law enforcement mous consent that the first half of his rainfall of over 7 inches a day in some agencies who came forward to keep our remarks be printed in the RECORD. areas caused water levels on rivers in communities safe. Before flooding There being no objection, the mate- Illinois to reach record, or near record, began, local law enforcement and rial was ordered to be printed in the heights. The Mississippi River at emergency responders went door-to- RECORD, as follows: Thebes reached its highest crest level door to advise residents to evacuate REMARKS OF JOHN KERRY, SECRETARY OF on record at 47.7 feet. and move to higher ground, saving the STATE, THE DEAN ACHESON AUDITORIUM, Flooding forced many communities lives of many who heeded the call and WASHINGTON, DC, DECEMBER 28, 2016 to evacuate their homes for their own sought out shelter with family and Thank you very much. For those of you safety. Damages to property in these friends before the flooding began. who celebrated Christmas. I hope you had a Illinois communities totaled more than There is still work to be done, but wonderful Christmas. Happy Chanukah. And $15 million. the people who live and work in the to everybody here. I know it’s the middle of Sadly, these storms were so severe damaged communities have made in- a holiday week. I understand. But I wish you all a very, very productive and Happy New that flooded roadways tragically credible progress rebuilding. Thousands Year. claimed the lives of 10 people whose ve- of volunteers have helped with the Today, I want to share candid thoughts hicles were swept away by flooding. cleanup. People from all over the State about an issue which for decades has ani- Alexander and Randolph counties pitched in to help their neighbors and mated the foreign policy dialogue here and were two areas most impacted by this even strangers get back on their feet. around the world—the Israeli-Palestinian flood. I went to visit two towns in Hearing these kinds of stories make me conflict. these areas—Olive Branch, IL, and proud to be from Illinois. Throughout his Administration, President Evansville, IL—and I saw miles of flood Our thoughts remain with the many Obama has been deeply committed to Israel and its security, and that commitment has damage to agricultural lands, homes, people who lost their loved ones, their guided his pursuit of peace in the Middle and businesses. What I saw was heart- homes, and other property last year. East. This is an issue which, all of you know, breaking. I want to thank everyone who has I have worked on intensively during my time I spoke with residents who were con- been engaged in the rescue and clean- as Secretary of State for one simple reason: cerned about being able to recover up. because the two-state solution is the only

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.061 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S152 CONGRESSIONAL RECORD — SENATE January 9, 2017 way to achieve a just and lasting peace be- are more advanced than ever. Our assistance ardy. The truth is that trends on the tween Israelis and Palestinians. It is the for Iron Dome has saved countless Israeli ground—violence, terrorism, incitement, set- only way to ensure Israel’s future as a Jew- lives. We have consistently supported tlement expansion and the seemingly endless ish and democratic state, living in peace and Israel’s right to defend itself, by itself, in- occupation—they are combining to destroy security with its neighbors. It is the only cluding during actions in Gaza that sparked hopes for peace on both sides and increas- way to ensure a future of freedom and dig- great controversy. ingly cementing an irreversible one-state re- nity for the Palestinian people. And it is an Time and again we have demonstrated that ality that most people do not actually want. important way of advancing United States we have Israel’s back. We have strongly op- Today, there are a similar number of Jews interests in the region. posed boycotts, divestment campaigns, and and Palestinians living between the Jordan Now, I’d like to explain why that future is sanctions targeting Israel in international River and the Mediterranean Sea. They have now in jeopardy, and provide some context fora, whenever and wherever its legitimacy a choice. They can choose to live together in for why we could not, in good conscience, was attacked, and we have fought for its in- one state, or they can separate into two stand in the way of a resolution at the clusion across the UN system. In the midst states. But here is a fundamental reality: if United Nations that makes clear that both of our own financial crisis and budget defi- the choice is one state, Israel can either be sides must act now to preserve the possi- cits, we repeatedly increased funding to sup- Jewish or democratic—it cannot be both— bility of peace. port Israel. In fact, more than one-half of our and it won’t ever really be at peace. More- I’m also here to share my conviction that entire global Foreign Military Financing over, the Palestinians will never fully realize there is still a way forward if the responsible goes to Israel. And this fall, we concluded an their vast potential in a homeland of their parties are willing to act. And I want to historic $38 billion memorandum of under- own with a one-state solution. share practical suggestions for how to pre- standing that exceeds any military assist- Now, most on both sides understand this serve and advance the prospects for the just ance package the United States has provided basic choice, and that is why it is important and lasting peace that both sides deserve. to any country, at any time, and that will that polls of Israelis and Palestinians show So it is vital that we have an honest, clear- invest in cutting-edge missile defense and that there is still strong support for the two- eyed conversation about the uncomfortable sustain Israel’s qualitative military edge for state solution—in theory. They just don’t be- truths and difficult choices, because the al- years to come. That’s the measure of our lieve that it can happen. ternative that is fast becoming the reality support. After decades of conflict, many no longer on the ground is in nobody’s interest—not This commitment to Israel’s security is ac- see the other side as people, only as threats the Israelis, not the Palestinians, not the re- tually very personal for me. On my first trip and enemies. Both sides continue to push a gion—and not the United States. to Israel as a young senator in 1986, I was narrative that plays to people’s fears and re- Now, I want to stress that there is an im- captivated by a special country, one that I inforces the worst stereotypes rather than portant point here: My job, above all, is to immediately admired and soon grew to love. working to change perceptions and build up defend the United States of America—to Over the years, like so many others who are belief in the possibility of peace. stand up for and defend our values and our drawn to this extraordinary place, I have And the truth is the extraordinary polar- interests in the world. And if we were to climbed Masada, swum in the Dead Sea, driv- ization in this conflict extends beyond stand idly by and know that in doing so we en from one Biblical city to another. Israelis and Palestinians. Allies of both sides are allowing a dangerous dynamic to take I’ve also seen the dark side of Hizballah’s are content to reinforce this with an us or— hold which promises greater conflict and in- rocket storage facilities just across the bor- ‘‘you’re with us or against us’’ mentality stability to a region in which we have vital der in Lebanon, walked through exhibits of where too often anyone who questions Pales- interests, we would be derelict in our own re- the hell of the Holocaust at Yad Vashem, tinian actions is an apologist for the occupa- sponsibilities. stood on the Golan Heights, and piloted an tion and anyone who disagrees with Israel Regrettably, some seem to believe that the Israeli jet over the tiny airspace of Israel, policy is cast as anti-Israel or even anti-Se- U.S. friendship means the U.S. must accept which would make anyone understand the mitic. any policy, regardless of our own interests, importance of security to Israelis. Out of That’s one of the most striking realities our own positions, our own words, our own those experiences came a steadfast commit- about the current situation: This critical de- principles—even after urging again and again ment to Israel’s security that has never cision about the future—one state or two that the policy must change. Friends need to wavered for a single minute in my 28 years in states—is effectively being made on the tell each other the hard truths, and friend- the Senate or my four years as Secretary. ground every single day, despite the ex- ships require mutual respect. I have also often visited West Bank compressed opinion of the majority of the people. Israel’s permanent representative to the munities, where I met Palestinians strug- The status quo is leading towards one state United Nations, who does not support a two- gling for basic freedom and dignity amidst and perpetual occupation, but most of the state solution, said after the vote last week, the occupation, passed by military check- public either ignores it or has given up hope quote, ‘‘It was to be expected that Israel’s points that can make even the most routine that anything can be done to change it. And greatest ally would act in accordance with daily trips to work or school an ordeal, and with this passive resignation, the problem the values that we share,’’ and veto this res- heard from business leaders who could not only gets worse, the risks get greater and the olution. I am compelled to respond today get the permits that they needed to get their choices are narrowed. that the United States did, in fact, vote in products to the market and families who This sense of hopelessness among Israelis accordance with our values, just as previous have struggled to secure permission just to is exacerbated by the continuing violence, U.S. administrations have done at the Secu- travel for needed medical care. terrorist attacks against civilians and in- rity Council before us. And I have witnessed firsthand the ravages citement, which are destroying belief in the They fail to recognize that this friend, the of a conflict that has gone on for far too possibility of peace. United States of America, that has done long. I’ve seen Israeli children in Sderot Let me say it again: There is absolutely no more to support Israel than any other coun- whose playgrounds had been hit by Katyusha justification for terrorism, and there never try, this friend that has blocked countless ef- rockets. I’ve visited shelters next to schools will be. And the most recent wave of Pales- forts to delegitimize Israel, cannot be true to in Kiryat Shmona that kids had 15 seconds tinian violence has included hundreds of ter- our own values—or even the stated demo- to get to after a warning siren went off. I’ve rorist attacks in the past year, including cratic values of Israel—and we cannot prop- also seen the devastation of war in the Gaza stabbings, shootings, vehicular attacks and erly defend and protect Israel if we allow a Strip, where Palestinian girls in lzbet Abed bombings, many by individuals who have viable two-state solution to be destroyed be- Rabo played in the rubble of a bombed-out been radicalized by social media. Yet the fore our own eyes. building. murderers of innocents are still glorified on And that’s the bottom line: the vote in the No children—Israeli or Palestinian—should Fatah websites, including showing attackers United Nations was about preserving the have to live like that. next to Palestinian leaders following at- two-state solution. That’s what we were So, despite the obvious difficulties that I tacks. And despite statements by President standing up for: Israel’s future as a Jewish understood when I became Secretary of Abbas and his party’s leaders making clear and democratic state, living side by side in State, I knew that I had to do everything in their opposition to violence, too often they peace and security with its neighbors. That’s my power to help end this conflict. And I was send a different message by failing to con- what we are trying to preserve for our sake grateful to be working for President Obama, demn specific terrorist attacks and naming and for theirs. who was prepared to take risks for peace and public squares, streets and schools after ter- In fact, this Administration has been was deeply committed to that effort. rorists. Israel’s greatest friend and supporter, with Like previous U.S. administrations, we President Obama and I have made it clear an absolutely unwavering commitment to have committed our influence and our re- to the Palestinian leadership countless advancing Israel’s security and protecting sources to trying to resolve the Arab-Israeli times, publicly and privately, that all incite- its legitimacy. conflict because, yes, it would serve Amer- ment to violence must stop. We have consist- On this point, I want to be very clear: No ican interests to stabilize a volatile region ently condemned violence and terrorism, and American administration has done more for and fulfill America’s commitment to the sur- even condemned the Palestinian leadership Israel’s security than Barack Obama’s. The vival, security and well-being of an Israel at for not condemning it. Israeli prime minister himself has noted our, peace with its Arab neighbors. Far too often, the Palestinians have pur- quote, ‘‘unprecedented’’ military and intel- Despite our best efforts over the years, the sued efforts to delegitimize Israel in inter- ligence cooperation. Our military exercises two-state solution is now in serious jeop- national fora. We have strongly opposed

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.017 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S153 these initiatives, including the recent wholly 49 years—we understand that—including the For the past 16 years, she has served unbalanced and inflammatory UNESCO reso- new democratic demographic realities that as the director of government relations lution regarding Jerusalem. And we have exist on the ground. They would have to be for the Smithsonian Institution, where made clear our strong opposition to Pales- factored in. tinian efforts against Israel at the ICC, But if more and more settlers are moving she has been a tireless advocate for the which only sets back the prospects for peace. into the middle of Palestinian areas, it’s Smithsonian. She has worked to ad- And we all understand that the Palestinian going to be just that much harder to sepa- vance the institution’s mission of pro- Authority has a lot more to do to strengthen rate, that much harder to imagine transfer- moting the increase and diffusion of its institutions and improve governance. ring sovereignty, and that is exactly the out- knowledge. Most troubling of all, Hamas continues to come that some are purposefully accel- Her professionalism, expertise, and pursue an extremist agenda: they refuse to erating. integrity have helped the Smithsonian accept Israel’s very right to exist. They have Mr. LEAHY. Mr. President, the com- improve on its reputation as the pre- a one-state vision of their own: all of the plete text of the Secretary’s speech, land is Palestine. Hamas and other radical mier museum system in the world. Her which, again, I urge all Senators to leadership and vision have directly factions are responsible for the most explicit read in its entirety, can be found at the forms of incitement to violence, and many of benefited the millions of Americans the images that they use are truly appalling. following Web site: https:// and international travelers who enjoy And they are willing to kill innocents in www.state.gov/secretary/remarks/2016/ Smithsonian exhibits and programs 12/266119.htm. Israel and put the people of Gaza at risk in each year. order to advance that agenda. f She also served our country in the Compounding this, the humanitarian situation in Gaza, exacerbated by the closings of REMEMBERING STANLEY RUSS U.S. Senate on the staff of the Budget the crossings, is dire. Gaza is home to one of Mr. BOOZMAN. Mr. President, today Committee and in the White House as a the world’s densest concentrations of people I wish to pay tribute to former Arkan- special assistant to the President. enduring extreme hardships with few oppor- sas State Senator Stanley Russ of I congratulate Nell Payne on her re- tunities. 1.3 million people out of Gaza’s pop- Conway, AR. tirement and thank her for the impor- ulation of 1.8 million are in need of daily as- Stanley Russ was born in Conway in tant contributions she has made to the sistance—food and shelter. Most have elec- 1930. He graduated from Conway High Smithsonian Institution and through- tricity less than half the time and only 5 per- out her professional career.∑ cent of the water is safe to drink. And yet School in 1948 and went on to attend despite the urgency of these needs, Hamas Arkansas Tech University and Arkan- f and other militant groups continue to re- sas State Teachers College, now the REMEMBERING TONY REYNA arm and divert reconstruction materials to University of Central Arkansas, before build tunnels, threatening more attacks on earning a bachelor of science in edu- ∑ Mr. HEINRICH. Mr. President, for Israeli civilians that no government can tol- cation from the University of Arkansas generations, Tony Reyna served his erate. in Fayetteville. people in Taos Pueblo and northern Now, at the same time, we have to be clear Russ also served his country in mul- New Mexico as a respected community about what is happening in the West Bank. tiple ways, including in the U.S. Army leader and constant source of wisdom The Israeli prime minister publicly supports and kindness. a two-state solution, but his current coali- from 1952 to 1954, where he completed tion is the most right wing in Israeli history, officer candidate school. Later, he Last year, Mr. Reyna joined friends, with an agenda driven by the most extreme served as a company commander in the family, and community members to elements. The result is that policies of this Arkansas National Guard. Russ was in- celebrate his 100th birthday, which the government, which the prime minister him- ducted into the U.S. Field Artillery New Mexico State Legislature offi- self just described as ‘‘more committed to OCS Hall of Fame at Fort Sill in 1995. cially proclaimed as Tony Reyna Day. settlements than any in Israel’s history,’’ Senator Russ served in the Arkansas After a full life of service and dedica- are leading in the opposite direction. They’re Senate from 1975 to 2000. He was the tion to his community Mr. Reyna leading towards one state. In fact, Israel has president pro tempore from 1995 to 1997 passed away last month surrounded by increasingly consolidated control over much of the West Bank for its own purposes, effec- and served as the majority leader in his family and loved ones. tively reversing the transitions to greater 1997. During his time in public office, Mr. Reyna was the last remaining Palestinian civil authority that were called he was known as an advocate for pub- survivor from Taos Pueblo of the Ba- for by the Oslo Accords. lic, private, and higher education. taan death march. On April 9, 1942, Mr. I don’t think most people in Israel, and Russ was named one of the Ten Out- Reyna and 1,800 other members of the certainly in the world, have any idea how standing State Legislators in the New Mexico National Guard were broad and systematic the process has be- United States by the Assembly of State among the more than 75,000 American come. But the facts speak for themselves. Government Employees in 1981. Four and Filipino soldiers who were taken as The number of settlers in the roughly 130 years later, he was honored for Distin- Israeli settlements east of the 1967 lines has prisoners of war by Japanese forces. steadily grown. The settler population in the guished Service by the Municipal The Bataan death marchers were West Bank alone, not including East Jeru- League of Arkansas. He was elected forced to endure 3 and a half years of salem, has increased by nearly 270,000 since into the Arkansas Tech University Hall brutal captivity. They were marched Oslo, including 100,000 just since 2009, when of Distinction in 1994 and the Arkansas for days in the scorching heat through President Obama’s term began. Agriculture Hall of Fame in 2000. the Philippine jungles. Thousands died. There’s no point in pretending that these Stanley Russ was a beloved public Those who survived faced the hardships are just in large settlement blocks. Nearly servant who devoted his life to Arkan- 90,000 settlers are living east of the separa- of a prisoner of war camp. Others were sas. He was a leader who worked with wounded or killed when unmarked tion barrier that was created by Israel itself colleagues on both sides of the aisle in the middle of what, by any reasonable def- enemy ships transporting prisoners of inition, would be the future Palestinian and didn’t care who got the credit as war to Japan were sunk by U.S. air and state. And the population of these distant long as the goal was accomplished. naval forces. settlements has grown by 20,000 just since Stanley showed kindness and consider- After returning to Taos after the 2009. In fact, just recently the government ation to everyone who approached him. war, Mr. Reyna opened Tony Reyna’s approved a significant new settlement well I sincerely appreciate his devotion to Indian Shop in 1950, which has re- east of the barrier, closer to Jordan than to our State and its citizens. Israel. What does that say to Palestinians in mained open to this day. He served two He will be greatly missed by all. My terms as governor of Taos Pueblo. He particular—but also to the United States and thoughts and prayers go out to his fam- also served the Town of Taos as a po- the world—about Israel’s intentions? ily during this difficult time. Let me emphasize, this is not to say that lice commissioner and as a museum the settlements are the whole or even the f board member. He was a lifetime mem- primary cause of this conflict. Of course they ADDITIONAL STATEMENTS ber of the Taos Pueblo tribal council. are not. Nor can you say that if the settle- He leaves behind an enduring legacy ments were suddenly removed, you’d have thanks to his lifelong efforts to pre- peace. Without a broader agreement, you TRIBUTE TO NELL PAYNE would not. And we understand that in a final serve the culture, resources, and tradi- status agreement, certain settlements would ∑ Mr. COCHRAN. Mr. President, I wish tions of Taos Pueblo. He played a vital become part of Israel to account for the to commend Nell Payne for her distin- role in the return of Blue Lake, the changes that have taken place over the last guished career in public service. Pueblo’s sacred headwaters in 1970. And

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.018 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S154 CONGRESSIONAL RECORD — SENATE January 9, 2017 in 1992, when Mr. Reyna was serving his National Labor Relations Act; to the Com- By Mr. NELSON: second term as governor, UNESCO des- mittee on Indian Affairs. S. 74. A bill to improve the ability of the ignated Taos Pueblo as a World Herit- By Mr. MCCAIN: National Oceanic and Atmospheric Adminis- S. 64. A bill to amend the Federal Food, tration, the Coast Guard, and coastal States age Site. to sustain healthy ocean and coastal eco- In 2015, at a Veterans Day ceremony Drug, and Cosmetic Act to allow for the personal importation of safe and affordable systems by maintaining and sustaining their at the Indian Pueblo Cultural Center in drugs from approved pharmacies in Canada; capabilities relating to oil spill prepared- Albuquerque, Mr. Reyna, then age 99, to the Committee on Health, Education, ness, prevention, response, and for other pur- said, ‘‘I served my country. I served my Labor, and Pensions. poses; to the Committee on Commerce, people. I’m still serving. I’m available By Ms. WARREN (for herself, Mr. Science, and Transportation. By Mrs. MCCASKILL (for herself and anytime they ask me!’’ CARDIN, Mrs. FEINSTEIN, Mr. COONS, Mr. DURBIN, Mr. MERKLEY, Mr. Mr. BLUNT): The people of Taos Pueblo and all of S. 75. A bill to provide for the reconsider- LEAHY, Mrs. MURRAY, Mr. WYDEN, us in New Mexico owe an enormous ation of claims for disability compensation Mr. REED, Ms. STABENOW, Mr. BROWN, debt of gratitude to Mr. Reyna for his for veterans who were the subjects of experi- Mr. CASEY, Ms. KLOBUCHAR, Mr. full lifetime of service.∑ ments by the Department of Defense during WHITEHOUSE, Mr. BENNET, Mrs. GILLI- World War II that were conducted to assess f BRAND, Mr. FRANKEN, Mr. the effects of mustard gas or lewisite on peo- MESSAGE FROM THE PRESIDENT BLUMENTHAL, Ms. BALDWIN, Mr. MAR- ple, and for other purposes; to the Com- KEY, Mr. BOOKER, Mr. PETERS, and mittee on Veterans’ Affairs. A message from the President of the Ms. DUCKWORTH): United States was communicated to S. 65. A bill to address financial conflicts of f the Senate by Mr. Williams, one of his interest of the President and Vice President; ADDITIONAL COSPONSORS secretaries. to the Committee on Homeland Security and Governmental Affairs. S. 16 f By Mr. HELLER (for himself and Mr. At the request of Mr. PAUL, the EXECUTIVE MESSAGE REFERRED TESTER): names of the Senator from South Caro- lina (Mr. SCOTT) and the Senator from As in executive session the Presiding S. 66. A bill to amend title 10, United States Code, to permit certain retired mem- Arkansas (Mr. BOOZMAN) were added as Officer laid before the Senate a mes- bers of the uniformed services who have a cosponsors of S. 16, a bill to require a sage from the President of the United service-connected disability to receive both full audit of the Board of Governors of States submitting nominations which disability compensation from the Depart- the Federal Reserve System and the were referred to the Committee on ment of Veterans Affairs for their disability Federal reserve banks by the Comp- Armed Services. and either retired pay by reason of their years of military service or Combat-Related troller General of the United States, (The message received today is print- and for other purposes. ed at the end of the Senate pro- Special Compensation, and for other pur- S. 23 ceedings.) poses; to the Committee on Armed Services. By Mr. CRUZ (for himself and Mr. At the request of Mr. CASSIDY, the f INHOFE): name of the Senator from Montana INTRODUCTION OF BILLS AND S. 67. A bill to direct the Secretary of (Mr. TESTER) was added as a cosponsor JOINT RESOLUTIONS State to submit to Congress a report on the of S. 23, a bill to amend title 38, United designation of Iran’s Revolutionary Guard States Code, to direct the Secretary of The following bills and joint resolu- Corps as a foreign terrorist organization, and Veterans Affairs to adopt and imple- tions were introduced, read the first for other purposes; to the Committee on For- ment a standard identification pro- and second times by unanimous con- eign Relations. tocol for use in the tracking and pro- sent, and referred as indicated: By Mr. CRUZ (for himself, Mr. HATCH, Mr. INHOFE, and Mr. ROBERTS): curement of biological implants by the By Mr. HELLER (for himself and Mr. S. 68. A bill to require the Secretary of Department of Veterans Affairs, and HEINRICH): for other purposes. S. 58. A bill to amend the Internal Revenue State to submit a report to Congress on the Code of 1986 to repeal the excise tax on high designation of the Muslim Brotherhood as a S. 27 cost employer-sponsored health coverage; to foreign terrorist organization, and for other At the request of Mr. CARDIN, the the Committee on Finance. purposes; to the Committee on Foreign Rela- names of the Senator from Washington tions. By Mr. CRAPO (for himself, Mr. (Mrs. MURRAY), the Senator from Mas- By Mr. ROBERTS (for himself, Mr. MORAN, and Mr. PAUL): sachusetts (Mr. MARKEY) and the Sen- BLUNT, Mr. FLAKE, Mr. CRAPO, and S. 59. A bill to provide that silencers be ator from Maryland (Mr. VAN HOLLEN) treated the same as long guns; to the Com- Mr. WICKER): S. 69. A bill to codify and modify regu- were added as cosponsors of S. 27, a bill mittee on Finance. to establish an independent commis- By Mr. ALEXANDER (for himself and latory requirements of Federal agencies; to Mr. CORKER): the Committee on Homeland Security and sion to examine and report on the facts S. 60. A bill to designate the Federal build- Governmental Affairs. regarding the extent of Russian official ing and United States courthouse located at By Mr. ENZI (for himself and Mr. BAR- and unofficial cyber operations and 719 Church Street in Nashville, Tennessee, as RASSO): other attempts to interfere in the 2016 the ‘‘Fred D. Thompson Federal Building and S. 70. A bill to designate the mountain at United States national election, and United States Courthouse’’; to the Com- the Devils Tower National Monument, Wyo- for other purposes. mittee on Environment and Public Works. ming, as Devils Tower, and for other pur- S. 30 By Ms. CANTWELL (for herself, Ms. poses; to the Committee on Energy and Nat- At the request of Mrs. FEINSTEIN, the MURKOWSKI, Mr. WYDEN, Mrs. MUR- ural Resources. RAY, Mr. MERKLEY, and Mrs. FEIN- By Mr. NELSON (for himself and Mr. names of the Senator from Connecticut STEIN): RUBIO): (Mr. BLUMENTHAL) and the Senator S. 61. A bill to remove the sunset provision S. 71. A bill to amend the Internal Revenue from Florida (Mr. RUBIO) were added as of section 203 of Public Law 105–384 and for Code of 1986 to temporarily allow expensing cosponsors of S. 30, a bill to extend the other purposes; to the Committee on Com- of certain costs of replanting citrus plants civil statute of limitations for victims merce, Science, and Transportation. lost by reason of casualty; to the Committee of Federal sex offenses. By Mr. FLAKE (for himself and Mr. on Finance. S. 41 MCCAIN): By Mr. NELSON: S. 62. A bill to authorize the Secretary of S. 72. A bill to require that certain infor- At the request of Ms. KLOBUCHAR, the the Interior to establish the January 8th Na- mation relating to terrorism investigations name of the Senator from New Hamp- tional Memorial in Tucson, Arizona, as an be included in the NICS database, and for shire (Ms. HASSAN) was added as a co- affiliated area of the National Park System, other purposes; to the Committee on the Ju- sponsor of S. 41, a bill to amend part D and for other purposes; to the Committee on diciary. of title XVIII of the Social Security Energy and Natural Resources. By Mr. NELSON (for himself and Mr. Act to require the Secretary of Health By Mr. MORAN (for himself, Mr. RUBIO): and Human Services to negotiate cov- CRAPO, Mr. DAINES, Mr. FLAKE, Mr. S. 73. A bill to provide standards for phys- ered part D drug prices on behalf of ical condition and management of housing GARDNER, Mr. JOHNSON, Mr. Medicare beneficiaries. LANKFORD, Mr. MCCAIN, Mr. THUNE, receiving assistance payments under section Mr. WICKER, and Mr. RISCH): 8 of the United States Housing Act of 1937; to S. 42 S. 63. A bill to clarify the rights of Indians the Committee on Banking, Housing, and At the request of Mr. HELLER, the and Indian tribes on Indian lands under the Urban Affairs. name of the Senator from Minnesota

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.071 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S155 (Ms. KLOBUCHAR) was added as a co- the Palestinians for a secure and peace- to be proposed to S. Con. Res. 3, a con- sponsor of S. 42, a bill to inspire women ful settlement. current resolution setting forth the to enter the aerospace field, including AMENDMENT NO. 9 congressional budget for the United science, technology, engineering, and At the request of Ms. KLOBUCHAR, the States Government for fiscal year 2017 mathematics, through mentorship and names of the Senator from New York and setting forth the appropriate budg- outreach. (Mrs. GILLIBRAND) and the Senator etary levels for fiscal years 2018 S. 45 from New Hampshire (Ms. HASSAN) through 2026. At the request of Mr. CRUZ, the were added as cosponsors of amend- AMENDMENT NO. 19 names of the Senator from Pennsyl- ment No. 9 intended to be proposed to At the request of Mr. SANDERS, the vania (Mr. TOOMEY) and the Senator S. Con. Res. 3, a concurrent resolution names of the Senator from Massachu- from Kansas (Mr. ROBERTS) were added setting forth the congressional budget setts (Ms. WARREN), the Senator from as cosponsors of S. 45, a bill to amend for the United States Government for Minnesota (Mr. FRANKEN), the Senator the Immigration and Nationality Act fiscal year 2017 and setting forth the from Hawaii (Mr. SCHATZ), the Senator to increase penalties for individuals appropriate budgetary levels for fiscal from Oregon (Mr. WYDEN), the Senator who illegally reenter the United States years 2018 through 2026. from New York (Mr. SCHUMER), the after being removed and for other pur- AMENDMENT NO. 12 Senator from Washington (Mrs. MUR- poses. At the request of Mr. MENENDEZ, the RAY), the Senator from Connecticut S. 51 names of the Senator from Maryland (Mr. MURPHY) and the Senator from Il- At the request of Mr. GRASSLEY, the (Mr. CARDIN) and the Senator from linois (Mr. DURBIN) were added as co- name of the Senator from Georgia (Mr. Massachusetts (Ms. WARREN) were sponsors of amendment No. 19 proposed PERDUE) was added as a cosponsor of S. added as cosponsors of amendment No. to S. Con. Res. 3, a concurrent resolu- 51, a bill to make habitual drunk driv- 12 intended to be proposed to S. Con. tion setting forth the congressional ers inadmissible and removable and to Res. 3, a concurrent resolution setting budget for the United States Govern- require the detention of any alien who forth the congressional budget for the ment for fiscal year 2017 and setting is unlawfully present in the United United States Government for fiscal forth the appropriate budgetary levels States and has been charged with driv- year 2017 and setting forth the appro- for fiscal years 2018 through 2026. ing under the influence or driving priate budgetary levels for fiscal years AMENDMENT NO. 20 while intoxicated. 2018 through 2026. At the request of Ms. HIRONO, the S. 57 AMENDMENT NO. 13 names of the Senator from Minnesota At the request of Mr. CASSIDY, the At the request of Mr. NELSON, the (Mr. FRANKEN), the Senator from name of the Senator from Wyoming names of the Senator from Minnesota Michigan (Ms. STABENOW), the Senator (Mr. ENZI) was added as a cosponsor of (Mr. FRANKEN), the Senator from from New Mexico (Mr. UDALL), the Sen- S. 57, a bill to require the Secretary of Michigan (Ms. STABENOW), the Senator ator from Wisconsin (Ms. BALDWIN), the Veterans Affairs to revoke bonuses from West Virginia (Mr. MANCHIN), the Senator from Rhode Island (Mr. WHITE- paid to employees involved in elec- Senator from Hawaii (Ms. HIRONO), the HOUSE), the Senator from New Jersey tronic wait list manipulations, and for Senator from Ohio (Mr. BROWN), the (Mr. MENENDEZ), the Senator from Or- other purposes. Senator from Massachusetts (Ms. WAR- egon (Mr. WYDEN), the Senator from S.J. RES. 1 REN) and the Senator from New York New York (Mr. SCHUMER), the Senator At the request of Mr. BOOZMAN, the (Mrs. GILLIBRAND) were added as co- from Illinois (Mr. DURBIN), the Senator name of the Senator from Utah (Mr. sponsors of amendment No. 13 intended from Montana (Mr. TESTER), the Sen- HATCH) was added as a cosponsor of to be proposed to S. Con. Res. 3, a con- ator from New Hampshire (Ms. HAS- S.J. Res. 1, a joint resolution approving current resolution setting forth the SAN), the Senator from Rhode Island the location of a memorial to com- congressional budget for the United (Mr. REED), the Senator from New memorate and honor the members of States Government for fiscal year 2017 York (Mrs. GILLIBRAND), the Senator the Armed Forces who served on active and setting forth the appropriate budg- from Vermont (Mr. SANDERS), the Sen- duty in support of Operation Desert etary levels for fiscal years 2018 ator from California (Mrs. FEINSTEIN), Storm or Operation Desert Shield. through 2026. the Senator from Vermont (Mr. S.J. RES. 2 AMENDMENT NO. 15 LEAHY), the Senator from Ohio (Mr. At the request of Mr. CRUZ, the name At the request of Mr. VAN HOLLEN, BROWN), the Senator from Oregon (Mr. of the Senator from Indiana (Mr. the name of the Senator from Michigan MERKLEY), the Senator from Con- YOUNG) was added as a cosponsor of (Ms. STABENOW) was added as a cospon- necticut (Mr. MURPHY), the Senator S.J. Res. 2, a joint resolution proposing sor of amendment No. 15 intended to be from Washington (Mrs. MURRAY), the an amendment to the Constitution of proposed to S. Con. Res. 3, a concurrent Senator from New Jersey (Mr. BOOKER), the United States relative to limiting resolution setting forth the congres- the Senator from Delaware (Mr. CAR- the number of terms that a Member of sional budget for the United States PER), the Senator from Delaware (Mr. Congress may serve. Government for fiscal year 2017 and COONS), the Senator from Massachu- S. RES. 6 setting forth the appropriate budgetary setts (Ms. WARREN), the Senator from At the request of Mr. RUBIO, the levels for fiscal years 2018 through 2026. Michigan (Mr. PETERS), the Senator names of the Senator from Louisiana AMENDMENT NO. 17 from Illinois (Ms. DUCKWORTH) and the (Mr. CASSIDY), the Senator from Okla- At the request of Mr. BLUMENTHAL, Senator from New Hampshire (Mrs. homa (Mr. LANKFORD), the Senator the names of the Senator from Min- SHAHEEN) were added as cosponsors of from Utah (Mr. LEE), the Senator from nesota (Mr. FRANKEN), the Senator amendment No. 20 proposed to S. Con. Wisconsin (Mr. JOHNSON), the Senator from Ohio (Mr. BROWN) and the Senator Res. 3, a concurrent resolution setting from Mississippi (Mr. WICKER), the Sen- from Delaware (Mr. CARPER) were forth the congressional budget for the ator from Missouri (Mrs. MCCASKILL), added as cosponsors of amendment No. United States Government for fiscal the Senator from North Dakota (Ms. 17 intended to be proposed to S. Con. year 2017 and setting forth the appro- HEITKAMP), the Senator from Georgia Res. 3, a concurrent resolution setting priate budgetary levels for fiscal years (Mr. ISAKSON), the Senator from South forth the congressional budget for the 2018 through 2026. Carolina (Mr. SCOTT), the Senator from United States Government for fiscal At the request of Mr. DONNELLY, the Colorado (Mr. GARDNER), the Senator year 2017 and setting forth the appro- name of the Senator from Pennsyl- from North Carolina (Mr. TILLIS) and priate budgetary levels for fiscal years vania (Mr. CASEY) was added as a co- the Senator from Nebraska (Mrs. 2018 through 2026. sponsor of amendment No. 20 proposed FISCHER) were added as cosponsors of S. AMENDMENT NO. 18 to S. Con. Res. 3, supra. Res. 6, a resolution objecting to United At the request of Ms. BALDWIN, the AMENDMENT NO. 21 Nations Security Council Resolution name of the Senator from West Vir- At the request of Mr. PETERS, the 2334 and to all efforts that undermine ginia (Mr. MANCHIN) was added as a co- names of the Senator from Michigan direct negotiations between Israel and sponsor of amendment No. 18 intended (Ms. STABENOW), the Senator from

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.007 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S156 CONGRESSIONAL RECORD — SENATE January 9, 2017 Delaware (Mr. CARPER) and the Senator SA 35. Mrs. SHAHEEN (for herself, Mr. Res. 3, supra; which was ordered to lie on the from New York (Mrs. GILLIBRAND) were COONS, Mr. VAN HOLLEN, and Mr. BOOKER) table. added as cosponsors of amendment No. submitted an amendment intended to be pro- SA 55. Mr. BOOKER (for himself, Mrs. SHA- 21 intended to be proposed to S. Con. posed by her to the concurrent resolution S. HEEN, Mr. BROWN, Mrs. MURRAY, Mr. VAN Con. Res. 3, supra; which was ordered to lie HOLLEN, and Ms. WARREN) submitted an Res. 3, a concurrent resolution setting on the table. amendment intended to be proposed by him forth the congressional budget for the SA 36. Mrs. SHAHEEN (for herself, Mr. VAN to the concurrent resolution S. Con. Res. 3, United States Government for fiscal HOLLEN, and Mr. BLUMENTHAL) submitted an supra; which was ordered to lie on the table. year 2017 and setting forth the appro- amendment intended to be proposed by her f priate budgetary levels for fiscal years to the concurrent resolution S. Con. Res. 3, 2018 through 2026. supra; which was ordered to lie on the table. TEXT OF AMENDMENTS SA 37. Mrs. SHAHEEN (for herself, Mr. VAN f SA 22. Mr. CORKER (for himself, Mr. HOLLEN, Ms. STABENOW, and Mr. PORTMAN, Ms. COLLINS, Mr. CASSIDY, AMENDMENTS SUBMITTED AND BLUMENTHAL) submitted an amendment in- and Ms. MURKOWSKI) submitted an PROPOSED tended to be proposed by her to the concurrent resolution S. Con. Res. 3, supra; which amendment intended to be proposed by SA 22. Mr. CORKER (for himself, Mr. was ordered to lie on the table. him to the concurrent resolution S. PORTMAN, Ms. COLLINS, Mr. CASSIDY, and Ms. SA 38. Mr. FLAKE submitted an amend- Con. Res. 3, setting forth the congres- MURKOWSKI) submitted an amendment in- ment intended to be proposed by him to the sional budget for the United States tended to be proposed by him to the concur- concurrent resolution S. Con. Res. 3, supra; Government for fiscal year 2017 and rent resolution S. Con. Res. 3, setting forth which was ordered to lie on the table. the congressional budget for the United setting forth the appropriate budgetary SA 39. Mr. FLAKE submitted an amend- levels for fiscal years 2018 through 2026; States Government for fiscal year 2017 and ment intended to be proposed by him to the setting forth the appropriate budgetary lev- concurrent resolution S. Con. Res. 3, supra; which was ordered to lie on the table; els for fiscal years 2018 through 2026; which which was ordered to lie on the table. as follows: was ordered to lie on the table. SA 40. Mr. FLAKE submitted an amend- On page 45, line 15, strike ‘‘January 27’’ and SA 23. Mr. CORKER (for himself, Mr. ment intended to be proposed by him to the insert ‘‘March 3’’. PORTMAN, Ms. COLLINS, Mr. CASSIDY, and Ms. concurrent resolution S. Con. Res. 3, supra; On page 46, line 11, strike ‘‘January 27’’ and MURKOWSKI) submitted an amendment in- which was ordered to lie on the table. insert ‘‘March 3’’. tended to be proposed by him to the concur- SA 41. Mr. FLAKE submitted an amend- rent resolution S. Con. Res. 3, supra; which ment intended to be proposed by him to the SA 23. Mr. CORKER (for himself, Mr. was ordered to lie on the table. concurrent resolution S. Con. Res. 3, supra; SA 24. Mr. FRANKEN submitted an amend- PORTMAN, Ms. COLLINS, Mr. CASSIDY, which was ordered to lie on the table. ment intended to be proposed by him to the and Ms. MURKOWSKI) submitted an SA 42. Mr. FLAKE submitted an amend- concurrent resolution S. Con. Res. 3, supra; amendment intended to be proposed by ment intended to be proposed by him to the which was ordered to lie on the table. him to the concurrent resolution S. concurrent resolution S. Con. Res. 3, supra; SA 25. Mr. FRANKEN submitted an amend- which was ordered to lie on the table. Con. Res. 3, setting forth the congres- ment intended to be proposed by him to the SA 43. Mr. FLAKE submitted an amend- sional budget for the United States concurrent resolution S. Con. Res. 3, supra; ment intended to be proposed by him to the Government for fiscal year 2017 and which was ordered to lie on the table. concurrent resolution S. Con. Res. 3, supra; SA 26. Mr. COONS (for himself and Mr. VAN setting forth the appropriate budgetary which was ordered to lie on the table. HOLLEN) submitted an amendment intended levels for fiscal years 2018 through 2026; to be proposed by him to the concurrent res- SA 44. Mr. FLAKE submitted an amend- which was ordered to lie on the table; olution S. Con. Res. 3, supra; which was or- ment intended to be proposed by him to the as follows: concurrent resolution S. Con. Res. 3, supra; dered to lie on the table. On page 45, strike line 2 and all that fol- SA 27. Mr. COONS (for himself, Mr. CAR- which was ordered to lie on the table. SA 45. Mr. FLAKE submitted an amend- lows through page 46, line 14, and insert the PER, and Mr. VAN HOLLEN) submitted an following: amendment intended to be proposed by him ment intended to be proposed by him to the SEC. 2001. RECONCILIATION IN THE SENATE. to the concurrent resolution S. Con. Res. 3, concurrent resolution S. Con. Res. 3, supra; (a) COMMITTEE ON FINANCE.—The Com- supra; which was ordered to lie on the table. which was ordered to lie on the table. mittee on Finance of the Senate shall report SA 28. Mr. COONS (for himself, Mr. CASEY, SA 46. Mr. FLAKE submitted an amend- changes in laws within its jurisdiction to re- Mr. BROWN, Ms. KLOBUCHAR, Mrs. GILLI- ment intended to be proposed by him to the duce the deficit by not less than $1,000,000,000 BRAND, Mr. VAN HOLLEN, Ms. BALDWIN, Mrs. concurrent resolution S. Con. Res. 3, supra; for the period of fiscal years 2017 through FEINSTEIN, Ms. STABENOW, Ms. DUCKWORTH, which was ordered to lie on the table. 2026. and Mr. KING) submitted an amendment in- SA 47. Mr. FLAKE submitted an amend- (b) COMMITTEE ON HEALTH, EDUCATION, tended to be proposed by him to the concur- ment intended to be proposed by him to the LABOR, AND PENSIONS.—The Committee on rent resolution S. Con. Res. 3, supra; which concurrent resolution S. Con. Res. 3, supra; Health, Education, Labor, and Pensions of was ordered to lie on the table. which was ordered to lie on the table. SA 29. Mr. CARDIN (for himself, Ms. SA 48. Mr. WHITEHOUSE (for himself and the Senate shall report changes in laws within its jurisdiction to reduce the deficit by HIRONO, and Mr. BOOKER) submitted an Mr. BROWN) submitted an amendment in- amendment intended to be proposed by him tended to be proposed by him to the concur- not less than $1,000,000,000 for the period of to the concurrent resolution S. Con. Res. 3, rent resolution S. Con. Res. 3, supra; which fiscal years 2017 through 2026. supra; which was ordered to lie on the table. was ordered to lie on the table. (c) SUBMISSIONS.—In the Senate, not later SA 30. Mr. CARDIN (for himself and Ms. SA 49. Mr. WHITEHOUSE (for himself, Mr. than March 3, 2017, the Committees named in STABENOW) submitted an amendment in- COONS, and Ms. KLOBUCHAR) submitted an subsections (a) and (b) shall submit their rec- tended to be proposed by him to the concur- amendment intended to be proposed by him ommendations to the Committee on the rent resolution S. Con. Res. 3, supra; which to the concurrent resolution S. Con. Res. 3, Budget of the Senate. Upon receiving all was ordered to lie on the table. supra; which was ordered to lie on the table. such recommendations, the Committee on SA 31. Mr. CARDIN (for himself and Ms. SA 50. Mr. WHITEHOUSE submitted an the Budget of the Senate shall report to the STABENOW) submitted an amendment in- amendment intended to be proposed by him Senate a reconciliation bill carrying out all tended to be proposed by him to the concur- to the concurrent resolution S. Con. Res. 3, such recommendations without any sub- rent resolution S. Con. Res. 3, supra; which supra; which was ordered to lie on the table. stantive revision. was ordered to lie on the table SA 51. Mr. WHITEHOUSE submitted an SEC. 2002. RECONCILIATION IN THE HOUSE OF SA 32. Ms. KLOBUCHAR (for herself, Mr. amendment intended to be proposed by him REPRESENTATIVES. BLUMENTHAL, Mr. WHITEHOUSE, and Ms. HAS- to the concurrent resolution S. Con. Res. 3, (a) COMMITTEE ON ENERGY AND COM- SAN) submitted an amendment intended to supra; which was ordered to lie on the table. MERCE.—The Committee on Energy and Com- be proposed by her to the concurrent resolu- SA 52. Mr. FLAKE submitted an amend- merce of the House of Representatives shall tion S. Con. Res. 3, supra; which was ordered ment intended to be proposed by him to the submit changes in laws within its jurisdic- to lie on the table. concurrent resolution S. Con. Res. 3, supra; tion to reduce the deficit by not less than SA 33. Ms. KLOBUCHAR (for herself, Ms. which was ordered to lie on the table. $1,000,000,000 for the period of fiscal years HASSAN, and Mr. VAN HOLLEN) submitted an SA 53. Mr. FRANKEN (for himself and Mr. 2017 through 2026. amendment intended to be proposed by her VAN HOLLEN) submitted an amendment in- (b) COMMITTEE ON WAYS AND MEANS.—The to the concurrent resolution S. Con. Res. 3, tended to be proposed by him to the concur- Committee on Ways and Means of the House supra; which was ordered to lie on the table. rent resolution S. Con. Res. 3, supra; which of Representatives shall submit changes in SA 34. Mrs. SHAHEEN (for herself, Mr. VAN was ordered to lie on the table. laws within its jurisdiction to reduce the def- HOLLEN, and Ms. STABENOW) submitted an SA 54. Mr. FRANKEN (for himself, Ms. icit by not less than $1,000,000,000 for the pe- amendment intended to be proposed by her HEITKAMP, and Mr. VAN HOLLEN) submitted riod of fiscal years 2017 through 2026. to the concurrent resolution S. Con. Res. 3, an amendment intended to be proposed by (c) SUBMISSIONS.—In the House of Rep- supra; which was ordered to lie on the table. him to the concurrent resolution S. Con. resentatives, not later than March 3, the

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.009 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S157 committees named in subsections (a) and (b) At the end of title III, add the following: At the end of title IV, add the following: shall submit their recommendations to the SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- Committee on the Budget of the House of RELATING TO REQUIRING NOTICE TION THAT WOULD REDUCE HEALTH Representatives to carry out this section. BY THE PRESIDENT REGARDING CARE BENEFITS AND CONSUMER CUTS IN BENEFITS, LOWER QUALITY PROTECTIONS FOR INDIVIDUALS SA 24. Mr. FRANKEN submitted an INSURANCE, OR ELIMINATION OF IN- WHO LOST A JOB, WAGES, OR BENE- amendment intended to be proposed by SURANCE AS A RESULT OF REPEAL- FITS DUE TO OUTSOURCING, TRADE ING THE PATIENT PROTECTION AND DEALS, AUTOMATION, OR OTHER him to the concurrent resolution S. AFFORDABLE CARE ACT. TYPES OF ECONOMIC DISRUPTION. Con. Res. 3, setting forth the congres- The Chairman of the Committee on the (a) POINT OF ORDER.—It shall not be in sional budget for the United States Budget of the Senate may revise the alloca- order in the Senate to consider any bill, Government for fiscal year 2017 and tions of a committee or committees, aggre- joint resolution, motion, amendment, setting forth the appropriate budgetary gates, and other appropriate levels in this amendment between the Houses, or con- levels for fiscal years 2018 through 2026; resolution for one or more bills, joint resolu- ference report that would reduce the health tions, amendments, amendments between care benefits and consumer protections pro- which was ordered to lie on the table; the Houses, motions, or conference reports as follows: vided through the Patient Protection and Af- relating to requiring the President to notify fordable Care Act (Public Law 111–148) for in- At the end of title III, add the following: any individual or family who will receive a dividuals (and their families) who lost a job, SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND cut in benefits, receive lower quality insur- wages, or benefits due to outsourcing, trade RELATING TO ACCELERATING GE- ance, or have their insurance eliminated as a deals, automation, or other types of eco- NERIC DRUG COMPETITION. result of any repeal of all or part of the Pa- nomic disruption, unless legislation is en- The Chairman of the Committee on the tient Protection and Affordable Care Act acted to provide comparable benefits and Budget of the Senate may revise the alloca- (Public Law 111–148; 124 Stat. 119), or an protections for such individuals and their tions of a committee or committees, aggre- amendment made by that Act, by the families. gates, and other appropriate levels in this amounts provided in such legislation for (b) WAIVER AND APPEAL.—Subsection (a) resolution for one or more bills, joint resolu- those purposes, provided that such legisla- may be waived or suspended in the Senate tions, amendments, amendments between tion would not increase the deficit over ei- only by an affirmative vote of three-fifths of the Houses, motions, or conference reports ther the period of the total of fiscal years the Members, duly chosen and sworn. An af- relating to reducing the cost of prescription 2017 through 2021 or the period of the total of drugs, which may include removing incen- fiscal years 2017 through 2026. firmative vote of three-fifths of the Members tives to enter into pay-for-delay exclusivity of the Senate, duly chosen and sworn, shall agreements between brand and generic phar- SA 27. Mr. COONS (for himself, Mr. be required to sustain an appeal of the ruling maceutical manufacturers, by rescinding the CARPER, and Mr. VAN HOLLEN) sub- of the Chair on a point of order raised under 180-day exclusivity period for generic phar- mitted an amendment intended to be subsection (a). maceutical manufacturers entering into a proposed by him to the concurrent res- SA 29. Mr. CARDIN (for himself, Ms. pay-for-delay agreement, by the amounts olution S. Con. Res. 3, setting forth the HIRONO, and Mr. BOOKER) submitted an provided in such legislation for those pur- congressional budget for the United poses, provided that such legislation would amendment intended to be proposed by not increase the deficit over either the pe- States Government for fiscal year 2017 him to the concurrent resolution S. riod of the total of fiscal years 2017 through and setting forth the appropriate budg- Con. Res. 3, setting forth the congres- 2021 or the period of the total of fiscal years etary levels for fiscal years 2018 sional budget for the United States 2017 through 2026. through 2026; which was ordered to lie Government for fiscal year 2017 and on the table; as follows: SA 25. Mr. FRANKEN submitted an setting forth the appropriate budgetary At the end of title IV, add the following: levels for fiscal years 2018 through 2026; amendment intended to be proposed by SEC. 4ll. POINT OF ORDER AGAINST SHIFTING him to the concurrent resolution S. THE COSTS OF TREATING THE which was ordered to lie on the table; Con. Res. 3, setting forth the congres- NEWLY UNINSURED TO WORKING as follows: sional budget for the United States AMERICANS WITH EMPLOYER-SPON- At the end of title IV, add the following: SORED COVERAGE. SEC. 4ll. POINT OF ORDER AGAINST REDUCING Government for fiscal year 2017 and (a) POINT OF ORDER.—It shall not be in setting forth the appropriate budgetary ACCESS TO, OR AFFORDABILITY OF, order in the Senate to consider any bill, HEALTHCARE SERVICES FOR MI- levels for fiscal years 2018 through 2026; joint resolution, motion, amendment, NORITY AND DISENFRANCHISED which was ordered to lie on the table; amendment between the Houses, or con- POPULATIONS OF THE UNITED as follows: ference report that would result in increases STATES. At the end of title III, add the following: in premiums, deductibles, copayments, or (a) POINT OF ORDER.—It shall not be in SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND other out-of-pocket costs for working Ameri- order in the Senate to consider any bill, RELATING TO UNFAIR TAX BREAKS cans with employer-based health insurance joint resolution, motion, amendment, TO DRUG COMPANIES. coverage compared to the premium and out- amendment between the Houses, or con- The Chairman of the Committee on the of-pocket costs working Americans and their ference report that would reduce access to, Budget of the Senate may revise the alloca- employers would have paid, as projected in or affordability of, healthcare services for tions of a committee or committees, aggre- the most recent Congressional Budget Office minority and disenfranchised populations of gates, and other appropriate levels in this baseline during the period of fiscal years 2017 the United States, including American Indi- resolution for one or more bills, joint resolu- through 2026, as determined by the Congres- ans and Alaskan Natives, Asian Americans, tions, amendments, amendments between sional Budget Office. African Americans, Latino Americans, and the Houses, motions, or conference reports (b) WAIVER AND APPEAL.—Subsection (a) Native Hawaiians or other Pacific Islanders, relating to the deduction for advertising and may be waived or suspended in the Senate by reversing the significant gains in access promotional expenses for prescription drugs, only by an affirmative vote of three-fifths of to and affordability of healthcare services which may include reducing the cost of pre- the Members, duly chosen and sworn. An af- made by the Affordable Care Act, including— scription drugs by disallowing the deduction firmative vote of three-fifths of the Members (1) the expansion of Medicaid coverage to for direct-to-consumer advertising of pre- of the Senate, duly chosen and sworn, shall low-income Americans with incomes up to scription drugs, by the amounts provided in be required to sustain an appeal of the ruling 138 percent of the Federal poverty level in such legislation for those purposes, provided of the Chair on a point of order raised under the States that have implemented the Med- that such legislation would not increase the subsection (a). icaid expansion, benefitting 51 percent of deficit over either the period of the total of Mr. COONS (for himself, Mr. American Indians and Alaska Natives, 32 fiscal years 2017 through 2021 or the period of SA 28. percent of African Americans, 26 percent of the total of fiscal years 2017 through 2026. CASEY, Mr. BROWN, Ms. KLOBUCHAR, Asian Americans, and 25 percent of Latino Mrs. GILLIBRAND, Mr. VAN HOLLEN, Ms. Americans; and SA 26. Mr. COONS (for himself and BALDWIN, Mrs. FEINSTEIN, Ms. STABE- (2) the establishment of the cost-sharing Mr. VAN HOLLEN) submitted an amend- NOW, Ms. DUCKWORTH, and Mr. KING) reduction tax credits, allowing 19 percent of ment intended to be proposed by him submitted an amendment intended to American Indians and Alaska Natives, 23 to the concurrent resolution S. Con. be proposed by him to the concurrent percent of African Americans, 18 percent of Res. 3, setting forth the congressional resolution S. Con. Res. 3, setting forth Asian Americans, and 16 percent of Latino budget for the United States Govern- the congressional budget for the United Americans to become newly eligible for es- ment for fiscal year 2017 and setting States Government for fiscal year 2017 sential healthcare coverage. (b) WAIVER AND APPEAL.—Subsection (a) forth the appropriate budgetary levels and setting forth the appropriate budg- may be waived or suspended in the Senate for fiscal years 2018 through 2026; which etary levels for fiscal years 2018 only by an affirmative vote of three-fifths of was ordered to lie on the table; as fol- through 2026; which was ordered to lie the Members, duly chosen and sworn. An af- lows: on the table; as follows: firmative vote of three-fifths of the Members

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.012 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S158 CONGRESSIONAL RECORD — SENATE January 9, 2017 of the Senate, duly chosen and sworn, shall intended to be proposed by her to the amendment between the Houses, or con- be required to sustain an appeal of the ruling concurrent resolution S. Con. Res. 3, ference report that reduce funding for diabe- of the Chair on a point of order raised under setting forth the congressional budget tes research, treatment, and prevention. subsection (a). (b) WAIVER AND APPEAL.—Subsection (a) for the United States Government for may be waived or suspended in the Senate SA 30. Mr. CARDIN (for himself and fiscal year 2017 and setting forth the only by an affirmative vote of three-fifths of Ms. STABENOW) submitted an amend- appropriate budgetary levels for fiscal the Members, duly chosen and sworn. An af- ment intended to be proposed by him years 2018 through 2026; which was or- firmative vote of three-fifths of the Members to the concurrent resolution S. Con. dered to lie on the table; as follows: of the Senate, duly chosen and sworn, shall At the end of title III, add the following: be required to sustain an appeal of the ruling Res. 3, setting forth the congressional of the Chair on a point of order raised under budget for the United States Govern- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND RELATING TO IMPORTATION OF subsection (a). ment for fiscal year 2017 and setting PRESCRIPTION DRUGS. forth the appropriate budgetary levels The Chairman of the Committee on the SA 35. Mrs. SHAHEEN (for herself, for fiscal years 2018 through 2026; which Budget of the Senate may revise the alloca- Mr. COONS, Mr. VAN HOLLEN, and Mr. was ordered to lie on the table; as fol- tions of a committee or committees, aggre- BOOKER) submitted an amendment in- lows: gates, and other appropriate levels in this tended to be proposed by her to the At the end of title IV, add the following: resolution for one or more bills, joint resolu- concurrent resolution S. Con. Res. 3, tions, amendments, amendments between SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- setting forth the congressional budget TION THAT WOULD REDUCE ACCESS the Houses, motions, or conference reports for the United States Government for TO MENTAL HEALTH SERVICES AND relating to requiring the Secretary of Health fiscal year 2017 and setting forth the PROTECTIONS, WORSENING THE and Human Service to promulgate regula- appropriate budgetary levels for fiscal MENTAL HEALTH CRISIS. tions permitting American consumers to le- (a) POINT OF ORDER.—It shall not be in gally and safely import into the United years 2018 through 2026; which was or- order in the Senate to consider any bill, States from approved Canadian pharmacies dered to lie on the table; as follows: joint resolution, motion, amendment, prescription drugs for personal use by the At the end of title IV, add the following: amendment between the Houses, or con- amounts provided in such legislation for SEC. 4ll. POINT OF ORDER AGAINST WEAK- ference report that would eliminate or re- those purposes, provided that such legisla- ENING OR ELIMINATING THE SMALL duce access to mental health services by re- tion would not increase the deficit over ei- EMPLOYER HEALTH INSURANCE pealing the mental health protections ap- ther the period of the total of fiscal years CREDIT. (a) POINT OF ORDER.—It shall not be in plied by the Patient Protection and Afford- 2017 through 2021 or the period of the total of order in the Senate to consider any bill, able Care Act to Medicaid alternative benefit fiscal years 2017 through 2026. joint resolution, motion, amendment, plans. amendment between the Houses, or con- (b) WAIVER AND APPEAL.—Subsection (a) SA 33. Ms. KLOBUCHAR (for herself, ference report that weakens or eliminates may be waived or suspended in the Senate Ms. HASSAN, and Mr. VAN HOLLEN) sub- the tax credit to help small businesses pur- only by an affirmative vote of three-fifths of mitted an amendment intended to be the Members, duly chosen and sworn. An af- chase health insurance under section 45R of proposed by her to the concurrent reso- the Internal Revenue Code of 1986. firmative vote of three-fifths of the Members lution S. Con. Res. 3, setting forth the (b) WAIVER AND APPEAL.—Subsection (a) of the Senate, duly chosen and sworn, shall congressional budget for the United may be waived or suspended in the Senate be required to sustain an appeal of the ruling only by an affirmative vote of three-fifths of of the Chair on a point of order raised under States Government for fiscal year 2017 and setting forth the appropriate budg- the Members, duly chosen and sworn. An af- subsection (a). firmative vote of three-fifths of the Members etary levels for fiscal years 2018 of the Senate, duly chosen and sworn, shall SA 31. Mr. CARDIN (for himself and through 2026; which was ordered to lie be required to sustain an appeal of the ruling Ms. STABENOW) submitted an amend- on the table; as follows: of the Chair on a point of order raised under ment intended to be proposed by him At the end of title III, add the following: subsection (a). to the concurrent resolution S. Con. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Res. 3, setting forth the congressional RELATING TO PRESCRIPTION SA 36. Mrs. SHAHEEN (for herself, budget for the United States Govern- DRUGS. Mr. VAN HOLLEN, and Mr. BLUMENTHAL) ment for fiscal year 2017 and setting The Chairman of the Committee on the submitted an amendment intended to Budget of the Senate may revise the alloca- be proposed by her to the concurrent forth the appropriate budgetary levels tions of a committee or committees, aggre- for fiscal years 2018 through 2026; which resolution S. Con. Res. 3, setting forth gates, and other appropriate levels in this the congressional budget for the United was ordered to lie on the table; as fol- resolution for one or more bills, joint resolu- lows: tions, amendments, amendments between States Government for fiscal year 2017 At the end of title IV, add the following: the Houses, motions, or conference reports and setting forth the appropriate budg- SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- relating to eliminating anticompetitive pay- etary levels for fiscal years 2018 TION THAT WOULD ELIMINATE OR for-delay patent settlements between brand- through 2026; which was ordered to lie LIMIT ACCESS TO PEDIATRIC DEN- ed drug and generic drug manufacturers that on the table; as follows: TAL CARE AND PROTECTIONS. delay competition and increase prescription At the end of title IV, add the following: (a) POINT OF ORDER.—It shall not be in drug costs by the amounts provided in such (a) POINT OF ORDER AGAINST LEGISLATION order in the Senate to consider any bill, legislation for those purposes, provided that THAT PROHIBITS THE USE OF FOREIGN AID FOR joint resolution, motion, amendment, such legislation would not increase the def- ABORTION SERVICES IN THE CASE OF RAPE, IN- amendment between the Houses, or con- icit over either the period of the total of fis- CEST, OR DANGER TO THE LIFE OF A PREGNANT ference report that would eliminate, limit cal years 2017 through 2021 or the period of WOMAN.—It shall not be in order in the Sen- access to, or reduce affordability of pediatric the total of fiscal years 2017 through 2026. ate to consider any bill, joint resolution, mo- dental services by repealing all or parts of tion, amendment, amendment between the the Patient Protection and Affordable Care SA 34. Mrs. SHAHEEN (for herself, Houses, or conference report that interprets Act (Public Law 111–148), block granting the Mr. VAN HOLLEN, and Ms. STABENOW) section 104(f)(1) of the Foreign Assistance Medicaid program or imposing a per capita submitted an amendment intended to Act of 1961 (22 U.S.C. 2151b(f)(1); commonly limit on Federal funding for State Medicaid be proposed by her to the concurrent referred to as the ‘‘Helms amendment’’) as programs, or otherwise negatively impacting resolution S. Con. Res. 3, setting forth prohibiting recipients of United States hu- children’s access to coverage and services for manitarian aid from using such funding for pediatric dental care. the congressional budget for the United States Government for fiscal year 2017 abortion services in the case of rape, incest, (b) WAIVER AND APPEAL.—Subsection (a) or danger to the life of a pregnant woman. may be waived or suspended in the Senate and setting forth the appropriate budg- (b) WAIVER AND APPEAL.—Subsection (a) only by an affirmative vote of three-fifths of etary levels for fiscal years 2018 may be waived or suspended in the Senate the Members, duly chosen and sworn. An af- through 2026; which was ordered to lie only by an affirmative vote of three-fifths of firmative vote of three-fifths of the Members on the table; as follows: the Members, duly chosen and sworn. An af- of the Senate, duly chosen and sworn, shall At the end of title IV, add the following: firmative vote of three-fifths of the Members be required to sustain an appeal of the ruling of the Senate, duly chosen and sworn, shall of the Chair on a point of order raised under SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- TION THAT WOULD REDUCE FUND- be required to sustain an appeal of the ruling subsection (a). ING FOR DIABETES RESEARCH, of the Chair on a point of order raised under TREATMENT, AND PREVENTION. subsection (a). SA 32. Ms. KLOBUCHAR (for herself, (a) POINT OF ORDER.—It shall not be in Mr. BLUMENTHAL, Mr. WHITEHOUSE, and order in the Senate to consider any bill, SA 37. Mrs. SHAHEEN (for herself, Ms. HASSAN) submitted an amendment joint resolution, motion, amendment, Mr. VAN HOLLEN, Ms. STABENOW, and

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.013 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S159 Mr. BLUMENTHAL) submitted an amend- SEC. 3ll. DEFICIT-NEUTRAL RESERVE FUND RE- and Affordable Care Act, by the amounts ment intended to be proposed by her to LATING TO ELIMINATING PRE- provided in such legislation for those pur- VAILING WAGE MANDATES AND RE- the concurrent resolution S. Con. Res. poses, provided that such legislation would QUIREMENTS FOR FEDERALLY not increase the deficit over either the pe- 3, setting forth the congressional budg- FUNDED INFRASTRUCTURE CON- STRUCTION PROJECTS. riod of the total of fiscal years 2017 through et for the United States Government 2021 or the period of the total of fiscal years for fiscal year 2017 and setting forth The Chairman of the Committee on the Budget of the Senate may revise the alloca- 2017 through 2026. the appropriate budgetary levels for tions of a committee or committees, aggre- SA 42. Mr. FLAKE submitted an fiscal years 2018 through 2026; which gates, and other appropriate levels in this was ordered to lie on the table; as fol- resolution for one or more bills, joint resolu- amendment intended to be proposed by lows: tions, amendments, amendments between him to the concurrent resolution S. At the end of title IV, add the following: the Houses, motions, or conference reports Con. Res. 3, setting forth the congressional budget for the United States SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- relating to eliminating prevailing wage man- TION THAT WOULD LIMIT CONTRA- dates and requirements under subchapter IV Government for fiscal year 2017 and CEPTION COVERAGE UNDER THE of chapter 31 of title 40, United States Code, setting forth the appropriate budgetary TRICARE PROGRAM. for federally-funded infrastructure construc- levels for fiscal years 2018 through 2026; (a) POINT OF ORDER.—It shall not be in tion projects by the amounts provided in which was ordered to lie on the table; order in the Senate to consider any bill, such legislation for those purposes, provided as follows: joint resolution, motion, amendment, that such legislation would not increase the At the end of title III, add the following: amendment between the Houses, or con- deficit over either the period of the total of ference report that would limit contracep- fiscal years 2017 through 2021 or the period of SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND the total of fiscal years 2017 through 2026. RELATING TO DELAYING THE EN- tion coverage under the TRICARE program FORCEMENT OF THE 2015 OZONE under chapter 55 of title 10, United States STANDARDS AND REQUESTING A Code, including long-acting reversible con- SA 40. Mr. FLAKE submitted an NEW RULEMAKING. traceptives and emergency contraception, amendment intended to be proposed by The Chairman of the Committee on the contraception education and counseling, and him to the concurrent resolution S. Budget of the Senate may revise the alloca- providing emergency contraception for all Con. Res. 3, setting forth the congres- tions of a committee or committees, aggre- sexual assault survivor servicewomen at all sional budget for the United States gates, and other appropriate levels in this military treatment facilities. Government for fiscal year 2017 and resolution for one or more bills, joint resolu- (b) WAIVER AND APPEAL.—Subsection (a) setting forth the appropriate budgetary tions, amendments, amendments between may be waived or suspended in the Senate the Houses, motions, or conference reports only by an affirmative vote of three-fifths of levels for fiscal years 2018 through 2026; relating to delaying the enforcement of the the Members, duly chosen and sworn. An af- which was ordered to lie on the table; final rule entitled ‘‘National Ambient Air firmative vote of three-fifths of the Members as follows: Quality Standards for Ozone’’ (80 Fed. Reg. of the Senate, duly chosen and sworn, shall At the end of title III, add the following: 65292 (October 26, 2015)) until January 1, 2025, be required to sustain an appeal of the ruling SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND and requesting a new rulemaking to imple- of the Chair on a point of order raised under RELATING TO WESTERN AREA ment national primary and secondary ambi- subsection (a). POWER ADMINISTRATION RATE- ent air quality standards for ozone by the PAYER TRANSPARENCY AND RE- amounts provided in such legislation for SA 38. Mr. FLAKE submitted an SPONSIVENESS. those purposes, provided that such legisla- amendment intended to be proposed by The Chairman of the Committee on the tion would not increase the deficit over ei- Budget of the Senate may revise the alloca- ther the period of the total of fiscal years him to the concurrent resolution S. tions of a committee or committees, aggre- Con. Res. 3, setting forth the congres- 2017 through 2021 or the period of the total of gates, and other appropriate levels in this fiscal years 2017 through 2026. sional budget for the United States resolution for one or more bills, joint resolu- Government for fiscal year 2017 and tions, amendments, amendments between SA 43. Mr. FLAKE submitted an setting forth the appropriate budgetary the Houses, motions, or conference reports amendment intended to be proposed by levels for fiscal years 2018 through 2026; relating to the establishment and implemen- him to the concurrent resolution S. which was ordered to lie on the table; tation of a program to reduce unobligated Con. Res. 3, setting forth the congres- as follows: balances in the Western Area Power Admin- istration and to provide for transparency and sional budget for the United States At the end of title III, add the following: responsiveness with respect to customers for Government for fiscal year 2017 and SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND power and transmission service from the setting forth the appropriate budgetary RELATING TO HIRING ADDITIONAL Western Area Power Administration by the levels for fiscal years 2018 through 2026; VETERANS JUSTICE OUTREACH SPE- amounts provided in such legislation for which was ordered to lie on the table; CIALISTS. those purposes, provided that such legisla- The Chairman of the Committee on the as follows: tion would not increase the deficit over ei- At the end of title III, add the following: Budget of the Senate may revise the alloca- ther the period of the total of fiscal years tions of a committee or committees, aggre- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND 2017 through 2021 or the period of the total of RELATING TO IMPROVING FOREST gates, and other appropriate levels in this fiscal years 2017 through 2026. resolution for one or more bills, joint resolu- HEALTH. (a) IN GENERAL.—The Chairman of the tions, amendments, amendments between SA 41. Mr. FLAKE submitted an Committee on the Budget of the Senate may the Houses, motions, or conference reports amendment intended to be proposed by revise the allocations of a committee or relating to requiring or authorizing the Sec- him to the concurrent resolution S. committees, aggregates, and other appro- retary of Veterans Affairs to hire additional priate levels in this resolution for one or Veterans Justice Outreach Specialists to Con. Res. 3, setting forth the congres- more bills, joint resolutions, amendments, provide treatment court services to justice- sional budget for the United States amendments between the Houses, motions, involved veterans, by the amounts provided Government for fiscal year 2017 and or conference reports relating to the forest in such legislation for those purposes, pro- setting forth the appropriate budgetary health improvements described in subsection vided that such legislation would not in- levels for fiscal years 2018 through 2026; (b) by the amounts provided in such legisla- crease the deficit over either the period of which was ordered to lie on the table; tion for those purposes, provided that such the total of fiscal years 2017 through 2021 or as follows: legislation would not increase the deficit the period of the total of fiscal years 2017 over either the period of the total of fiscal through 2026. At the end of title III, add the following: SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND years 2017 through 2021 or the period of the RELATING TO EXPANDING HEALTH total of fiscal years 2017 through 2026. SA 39. Mr. FLAKE submitted an SAVINGS ACCOUNTS. (b) FOREST HEALTH IMPROVEMENTS DE- amendment intended to be proposed by The Chairman of the Committee on the SCRIBED.—The forest health improvements him to the concurrent resolution S. Budget of the Senate may revise the alloca- referred to in subsection (a) are any of the Con. Res. 3, setting forth the congres- tions of a committee or committees, aggre- following: sional budget for the United States gates, and other appropriate levels in this (1) Increasing timber production from Fed- Government for fiscal year 2017 and resolution for one or more bills, joint resolu- eral land and providing bridge funding to setting forth the appropriate budgetary tions, amendments, amendments between counties and other units of local government levels for fiscal years 2018 through 2026; the Houses, motions, or conference reports until timber production levels increase. relating to expanding health savings ac- (2) Decreasing forest hazardous fuel loads. which was ordered to lie on the table; counts, which may include the use of such (3) Improving stewardship contracting. as follows: accounts in connection with the replacement (4) Reforming the process of budgeting for At the end of title III, add the following: of policies enacted by the Patient Protection wildfire suppression operations.

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.016 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S160 CONGRESSIONAL RECORD — SENATE January 9, 2017 SA 44. Mr. FLAKE submitted an At the end of title III, add the following: (2) a congressional earmark, as defined in amendment intended to be proposed by SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND rule XXI of the Rules of the House of Rep- him to the concurrent resolution S. RELATING TO BRINGING ADDI- resentatives. TIONAL INDEPENDENT OVERSIGHT Con. Res. 3, setting forth the congres- TO U.S. CUSTOMS AND BORDER PRO- sional budget for the United States TECTION POLYGRAPH EXAMS. SA 48. Mr. WHITEHOUSE (for himself Government for fiscal year 2017 and The Chairman of the Committee on the and Mr. BROWN) submitted an amend- setting forth the appropriate budgetary Budget of the Senate may revise the alloca- ment intended to be proposed by him levels for fiscal years 2018 through 2026; tions of a committee or committees, aggre- to the concurrent resolution S. Con. gates, and other appropriate levels in this Res. 3, setting forth the congressional which was ordered to lie on the table; resolution for one or more bills, joint resolu- as follows: tions, amendments, amendments between budget for the United States Govern- At the end of title III, add the following: the Houses, motions, or conference reports ment for fiscal year 2017 and setting SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND relating to bringing additional independent forth the appropriate budgetary levels RELATING TO DROUGHT PREVEN- oversight to U.S. Customs and Border Pro- for fiscal years 2018 through 2026; which TION. tection polygraph exams, by the amounts was ordered to lie on the table; as fol- The Chairman of the Committee on the provided in such legislation for those pur- lows: Budget of the Senate may revise the alloca- poses, provided that such legislation would tions of a committee or committees, aggre- not increase the deficit over either the pe- At the end of title III, add the following: gates, and other appropriate levels in this riod of the total of fiscal years 2017 through SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND resolution for one or more bills, joint resolu- 2021 or the period of the total of fiscal years RELATING TO ACCESS TO MEDICARE tions, amendments, amendments between 2017 through 2026. FOR ALL AMERICANS. the Houses, motions, or conference reports The Chairman of the Committee on the relating to updating flood control oper- SA 47. Mr. FLAKE submitted an Budget of the Senate may revise the alloca- ations, water conservation in the Colorado amendment intended to be proposed by tions of a committee or committees, aggre- River Basin, invasive riparian species con- him to the concurrent resolution S. gates, and other appropriate levels in this trol, assisting the States in carrying out Con. Res. 3, setting forth the congres- resolution for one or more bills, joint resolu- drought prevention plans, watershed protec- sional budget for the United States tions, amendments, amendments between tion programs, or the authority of the Sec- Government for fiscal year 2017 and the Houses, motions, or conference reports retary of the Interior to designate funds for setting forth the appropriate budgetary relating to providing all Americans, regardless of age, the ability to buy into the Medi- rural water projects and Indian irrigation levels for fiscal years 2018 through 2026; and water settlement projects by the care program to secure quality, affordable amounts provided in such legislation for which was ordered to lie on the table; health insurance coverage by the amounts those purposes, provided that such legisla- as follows: provided in such legislation for those pur- tion would not increase the deficit over ei- At the end of title IV, add the following: poses, provided that such legislation would ther the period of the total of fiscal years SEC. 4ll. POINT OF ORDER AGAINST EAR- not increase the deficit over either the pe- 2017 through 2021 or the period of the total of MARKS. riod of the total of fiscal years 2017 through fiscal years 2017 through 2026. (a) IN GENERAL.—When the Senate is con- 2021 or the period of the total of fiscal years sidering a bill, joint resolution, motion, 2017 through 2026. SA 45. Mr. FLAKE submitted an amendment, amendment between the amendment intended to be proposed by Houses, or conference report, if a point of SA 49. Mr. WHITEHOUSE (for him- him to the concurrent resolution S. order is made by a Senator against an earmark, and the point of order is sustained by self, Mr. COONS, and Ms. KLOBUCHAR) Con. Res. 3, setting forth the congres- the Chair, that earmark shall be stricken submitted an amendment intended to sional budget for the United States from the measure and may not be offered as be proposed by him to the concurrent Government for fiscal year 2017 and an amendment from the floor. resolution S. Con. Res. 3, setting forth setting forth the appropriate budgetary (b) FORM OF THE POINT OF ORDER.—A point the congressional budget for the United levels for fiscal years 2018 through 2026; of order under subsection (a) may be raised States Government for fiscal year 2017 which was ordered to lie on the table; by a Senator as provided in section 313(e) of and setting forth the appropriate budg- as follows: the Congressional Budget Act of 1974 (2 U.S.C. 644(e)). etary levels for fiscal years 2018 At the end of title III, add the following: (c) CONFERENCE REPORTS.—When the Sen- through 2026; which was ordered to lie SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND ate is considering a conference report on, or on the table; as follows: RELATING TO PROHIBITING THE an amendment between the Houses in rela- At the end of title III, add the following: SECRETARY OF VETERANS AFFAIRS tion to, a bill or joint resolution, upon a FROM EMPLOYING FELONS AND point of order being made by any Senator SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND MEDICAL PERSONNEL WITH RE- pursuant to subsection (a), and such point of RELATING TO ADDRESSING THE VOKED OR SUSPENDED LICENSES order being sustained, such material con- PRESCRIPTION OPIOID ABUSE AND OR CREDENTIALS. HEROIN CRISIS. The Chairman of the Committee on the tained in such conference report or House amendment shall be stricken, and the Senate The Chairman of the Committee on the Budget of the Senate may revise the alloca- Budget of the Senate may revise the allocations of a committee or committees, aggre- shall proceed to consider the question of whether the Senate shall recede from its tions of a committee or committees, aggregates, and other appropriate levels in this gates, and other appropriate levels in this resolution for one or more bills, joint resolu- amendment and concur with a further amendment, or concur in the House amend- resolution for one or more bills, joint resolutions, amendments, amendments between tions, amendments, amendments between the Houses, motions, or conference reports ment with a further amendment, as the case may be, which further amendment shall con- the Houses, motions, or conference reports relating to prohibiting the Secretary of Vet- sist of only that portion of the conference re- relating to fully funding all programs au- erans Affairs from employing individuals port or House amendment, as the case may thorized by the Comprehensive Addiction who have been convicted of a felony and be, not so stricken. Any such motion in the and Recovery Act of 2016 (Public Law 114-198) medical personnel who have ever had their Senate shall be debatable. In any case in by the amounts provided in such legislation medical licenses or credentials revoked or which such point of order is sustained for those purposes, provided that such legis- suspended, by the amounts provided in such against a conference report (or Senate lation would not increase the deficit over ei- legislation for those purposes, provided that amendment derived from such conference re- ther the period of the total of fiscal years such legislation would not increase the def- port by operation of this subsection), no fur- 2017 through 2021 or the period of the total of icit over either the period of the total of fis- ther amendment shall be in order. fiscal years 2017 through 2026. cal years 2017 through 2021 or the period of (d) SUPERMAJORITY WAIVER AND APPEAL.— the total of fiscal years 2017 through 2026. In the Senate, this section may be waived or SA 50. Mr. WHITEHOUSE submitted suspended only by an affirmative vote of an amendment intended to be proposed SA 46. Mr. FLAKE submitted an three-fifths of the Members, duly chose and amendment intended to be proposed by sworn. An affirmative vote of three-fifths of by him to the concurrent resolution S. him to the concurrent resolution S. Members of the Senate, duly chosen and Con. Res. 3, setting forth the congres- Con. Res. 3, setting forth the congres- sworn shall be required to sustain an appeal sional budget for the United States sional budget for the United States of the ruling of the Chair on a point of order Government for fiscal year 2017 and Government for fiscal year 2017 and raised under this section. setting forth the appropriate budgetary (e) DEFINITION.—In this section, the term setting forth the appropriate budgetary levels for fiscal years 2018 through 2026; ‘‘earmark’’ means— which was ordered to lie on the table; levels for fiscal years 2018 through 2026; (1) a congressionally directed spending which was ordered to lie on the table; item, as defined in rule XLIV of the Standing as follows: as follows: Rules of the Senate; and At the end of title III, add the following:

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.014 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S161 SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND icit over either the period of the total of fis- Mr. VAN HOLLEN, and Ms. WARREN) sub- RELATING TO PERMANENTLY EX- cal years 2017 through 2021 or the period of mitted an amendment intended to be TENDING THE ENHANCED FEDERAL the total of fiscal years 2017 through 2026. MATCHING RATE FOR MEDICAID EX- proposed by him to the concurrent res- PANSION. SA 53. Mr. FRANKEN (for himself olution S. Con. Res. 3, setting forth the The Chairman of the Committee on the and Mr. VAN HOLLEN) submitted an congressional budget for the United Budget of the Senate may revise the alloca- amendment intended to be proposed by States Government for fiscal year 2017 tions of a committee or committees, aggre- and setting forth the appropriate budg- gates, and other appropriate levels in this him to the concurrent resolution S. resolution for one or more bills, joint resolu- Con. Res. 3, setting forth the congres- etary levels for fiscal years 2018 tions, amendments, amendments between sional budget for the United States through 2026; which was ordered to lie the Houses, motions, or conference reports Government for fiscal year 2017 and on the table; as follows: relating to permanently extending the 100 setting forth the appropriate budgetary At the end of title III, add the following: percent Federal medical assistance percent- levels for fiscal years 2018 through 2026; SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND age to State Medicaid programs to maintain which was ordered to lie on the table; RELATING TO ENCOURAGING PRI- coverage expansion by the amounts provided MARY HEALTH CARE PROVIDERS TO in such legislation for those purposes, pro- as follows: PARTICIPATE IN THE MEDICAID vided that such legislation would not in- At the end of title IV, add the following: PROGRAM. crease the deficit over either the period of SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- The Chairman of the Committee on the the total of fiscal years 2017 through 2021 or TION THAT WOULD DRIVE UP Budget of the Senate may revise the alloca- HEALTH INSURANCE COMPANY tions of a committee or committees, aggre- the period of the total of fiscal years 2017 PROFITS. through 2026. gates, and other appropriate levels in this (a) POINT OF ORDER.—It shall not be in resolution for one or more bills, joint resolu- order in the Senate to consider any bill, Mr. WHITEHOUSE submitted tions, amendments, amendments between SA 51. joint resolution, motion, amendment, the Houses, motions, or conference reports an amendment intended to be proposed amendment between the Houses, or con- relating to encouraging primary health care by him to the concurrent resolution S. ference report that would enable health providers, including board-certified family Con. Res. 3, setting forth the congres- plans to use less than 80 percent of premium physicians, to participate in the Medicaid sional budget for the United States income to pay for claims and quality improvement measures. program and provide important primary care Government for fiscal year 2017 and services to beneficiaries, through measures setting forth the appropriate budgetary (b) WAIVER AND APPEAL.—Subsection (a) may be waived or suspended in the Senate such as reinstating the enhanced matching levels for fiscal years 2018 through 2026; only by an affirmative vote of three-fifths of rate for primary care services, by the which was ordered to lie on the table; the Members, duly chosen and sworn. An af- amounts provided in such legislation for as follows: firmative vote of three-fifths of the Members those purposes, provided that such legisla- At the end of title III, add the following: of the Senate, duly chosen and sworn, shall tion would not increase the deficit over ei- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND be required to sustain an appeal of the ruling ther the period of the total of fiscal years RELATING TO CONTINUING STATE of the Chair on a point of order raised under 2017 through 2021 or the period of the total of OPERATED HEALTH INSURANCE EX- subsection (a). fiscal years 2017 through 2026. CHANGES. f The Chairman of the Committee on the SA 54. Mr. FRANKEN (for himself, Budget of the Senate may revise the alloca- Ms. HEITKAMP, and Mr. VAN HOLLEN) PRIVILEGES OF THE FLOOR tions of a committee or committees, aggre- submitted an amendment intended to gates, and other appropriate levels in this Mr. REED. Mr. President, I ask unan- be proposed by him to the concurrent imous consent that Michael Martin and resolution for one or more bills, joint resolu- resolution S. Con. Res. 3, setting forth tions, amendments, amendments between Jeremy Gelman, fellows in my office, the Houses, motions, or conference reports the congressional budget for the United be granted privileges of the floor for relating to allowing State-operated ex- States Government for fiscal year 2017 the remainder of this session of Con- changes to continue and maintaining ad- and setting forth the appropriate budg- gress. vance premium tax credits and cost-sharing etary levels for fiscal years 2018 The PRESIDING OFFICER. Without reductions at current levels for eligible indi- through 2026; which was ordered to lie objection, it is so ordered. viduals in those States by the amounts pro- on the table; as follows: f vided in such legislation for those purposes, At the end of title IV, add the following: provided that such legislation would not in- SEC. 4ll. POINT OF ORDER TO PROTECT THE ORDERS FOR TUESDAY, JANUARY crease the deficit over either the period of RURAL HEALTH WORKFORCE. 10, 2017 the total of fiscal years 2017 through 2021 or (a) POINT OF ORDER.—It shall not be in the period of the total of fiscal years 2017 order in the Senate to consider any bill, Mr. DAINES. Mr. President, I ask through 2026. joint resolution, motion, amendment, unanimous consent that when the Sen- amendment between the Houses, or con- ate completes its business today, it ad- SA 52. Mr. FLAKE submitted an ference report if the Congressional Budget amendment intended to be proposed by journ until 12 noon, Tuesday, January Office has determined that such legislation 10; further, that following the prayer him to the concurrent resolution S. would— and pledge, the morning hour be Con. Res. 3, setting forth the congres- (1) reduce the number of doctors, nurses, sional budget for the United States and health care providers in rural commu- deemed expired, the Journal of pro- Government for fiscal year 2017 and nities; ceedings be approved to date, and the setting forth the appropriate budgetary (2) reduce financial or other incentives for time for the two leaders be reserved for such providers to practice in rural commu- levels for fiscal years 2018 through 2026; their use later in the day; finally, that nities, including programs that provide following leader remarks, the Senate which was ordered to lie on the table; loans, loan repayment, scholarships, or as follows: resume consideration of S. Con. Res. 3. training, including the National Health The PRESIDING OFFICER. Without At the end of title III, add the following: Service Corps funding established under the objection, it is so ordered. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Patient Protection and Affordable Care Act RELATING TO PROTECTIONS FOR (Public Law 111-148); or f THE ELDERLY AND VULNERABLE. (3) otherwise undermine the support for The Chairman of the Committee on the the health care workforce in rural commu- CONCURRENT RESOLUTION ON Budget of the Senate may revise the alloca- nities as outlined by title V of the Patient THE BUDGET, FISCAL YEAR tions of a committee or committees, aggre- Protection Affordable Care Act. 2017—Continued gates, and other appropriate levels in this (b) WAIVER AND APPEAL.—Subsection (a) Mr. DAINES. Mr. President, I ask resolution for one or more bills, joint resolu- may be waived or suspended in the Senate tions, amendments, amendments between only by an affirmative vote of three-fifths of unanimous consent that the Senate re- the Houses, motions, or conference reports the Members, duly chosen and sworn. An af- sume consideration of S. Con. Res. 3. relating to protections for the elderly and firmative vote of three-fifths of the Members The PRESIDING OFFICER. Is there vulnerable, which may include strengthening of the Senate, duly chosen and sworn, shall objection? Social Security and Medicare, improving be required to sustain an appeal of the ruling Without objection, it is so ordered. Medicaid, housing reform, and returning reg- of the Chair on a point of order raised under ORDER FOR ADJOURNMENT ulation of health insurance markets to the subsection (a). States, by the amounts provided in such leg- Mr. DAINES. Mr. President, if there islation for those purposes, provided that SA 55. Mr. BOOKER (for himself, Mrs. is no further business to come before such legislation would not increase the def- SHAHEEN, Mr. BROWN, Mrs. MURRAY, the Senate, I ask unanimous consent

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.015 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S162 CONGRESSIONAL RECORD — SENATE January 9, 2017 that it stand adjourned under the pre- campaign basically said: ‘‘You’ve come 50,000, 100,000 deaths a year, we are just vious order, following the remarks a long way, baby.’’ You have an equal going to see this number skyrocket be- from my Democratic colleagues. right to get cancer, as your husband, cause without public health, without The PRESIDING OFFICER. Without boyfriend, father, or brother has, and prevention programs, this is an objection, it is so ordered. 20 years later, unbelievably, women inexorability, it is an inevitability. The Senator from Massachusetts. began to die in the United States from This is the future. This is just a repeti- Mr. MARKEY. Thank you, Mr. Presi- lung cancer at a rate that was higher tion of everything America did for the dent. than the number of women who were preceding 100 years before we put the I just want to follow up on the state- dying from breast cancer. Affordable Care Act on the books. It ments made by the Senator from Con- Now that is a public relations success doesn’t make any difference whether necticut, Mr. BLUMENTHAL, and the of the first and highest magnitude. We you come from Connecticut or Hawaii, Senator from Hawaii, Mr. SCHATZ. didn’t have prevention programs in from Virginia or Michigan, from Mas- They have laid out in eye-watering de- place. We didn’t have a warning system sachusetts or from any other State in tail the problems that the Republicans to say to women, to say to kids: This is the Union, there are no barriers to are creating by their attempt to repeal dangerous to your health. What did we opioid overdose, tobacco deaths, obe- the Affordable Care Act. What Senator see? We saw just about every family in sity, all of these preventable diseases. SCHATZ and Senator BLUMENTHAL did America with somebody who died from It is all coming as a preview of coming lung cancer—pretty much every fam- was just get to the heart of this mat- attractions to families all across the ter. ily—and it was totally preventable. Well, inside of the Affordable Care country. Here it is. This is what the What the United States did for 100 Republicans are promising you: your years was to not run a health care sys- Act we have this huge, great, innovative breakthrough—a health and pre- family, once again, exposed. tem but to run a sick care system—a Listen to this number. When the Af- vention program that could be used in system that spent 97 cents on what fordable Care Act gets repealed by the happens after people got sick and only every city, every town, and every State across the whole country, targeting the Republicans, if they are successful—lis- 3 cents of every dollar on trying to pre- ten to this number: 1.6 million people vent people from getting sick. For the most vulnerable, the most likely to be targeted, the ones most likely to be en- who right now are covered for sub- first time in American history, that stance use disorders will no longer changed in the Affordable Care Act. gaging in dangerous behaviors that are otherwise preventable. We have cured have coverage. Let me say that again: What President Obama did, what 1.6 million people who have coverage America did was to create a Prevention most of the diseases that our grandparents died from. The diseases that for substance use disorders will no and Public Health Fund, and that fund longer be covered. So we have the pre- in the Affordable Care Act is spent on people die from today are the diseases that they give to themselves. They are vention fund over here, we have the in- prevention programs. It is spent on behavioral choices. They are environ- surance over here—both gone. looking at people who could get asth- mental situations into which they are I say to my colleagues, these Repub- ma, diabetes, heart disease, obesity, placed that then result in them, unfor- licans—it is almost unbelievable. If high blood pressure, stroke, or die from tunately, contracting the chronic dis- you kick them in the heart, you are too much smoking and just say for the eases that wind up first harming them going to break their toe. We are talk- first time, in a comprehensive way, and ultimately killing them. ing about the most vulnerable people that the United States was going to What is a good example? Well, a good in our country. We are looking at the put programs in place that would pre- example is opioids. Opioids are now a children. We are looking at people who vent people from getting the diseases killer of a magnitude that is almost in- have substance abuse disorders. We are that every preceding generation of comprehensible. In Massachusetts, looking at people who otherwise would Americans have suffered from. That is 2,000 people died in 2016 from opioid never have smoked a day in their life if what the prevention fund is all about. overdoses. Now, we are only 2 percent prevention programs were in place. We That is what the Republicans are going of the population of the United States are looking at people who would never to repeal, take off the books—this fun- of America. If you multiply that by 50, have to suffer through a life of obesity damental change to the direction to- it is 100,000 people dying from opioid because the programs were put in ward prevention, toward wellness that overdoses if they die at the same rate place. all Americans of all generations want as the people who are dying in Massa- What are they saying? They are say- to see remain on the books. chusetts—100,000 a year, two Vietnam ing we are going to substitute and cre- In Massachusetts, if you are in New wars of deaths every single year from ate a new program. When? Maybe soon. Bedford or Fall River or if you are in opioid overdoses. If ever there was a Maybe just around the corner. Maybe Springfield, those programs target ra- preventable disease, if ever there was next year. Maybe whenever we get to cial minorities, they target low-income something that was completely and to- it. What do you say to those families? families, they target seniors who would tally subject to having programs put in What do we say to them? otherwise be vulnerable to diseases place that could help people avoid ever This isn’t just health care; this is that these programs can help to pre- getting into that addiction situation— also hope. This is also hope for these vent. That money is just going to be or, once they did, giving them the pro- families who have chronic diseases, sliced out of the Federal budget. What gram money which they need—then these families who have diseases that will be the consequences? Well, quite opioid addiction is it. were otherwise preventable. clearly, it will cost America a lot more Well, what the Republicans are doing What the Republicans are saying is, money. here is just wiping it out. They are we are just going to pull a bait and For example, my father died from wiping out that prevention fund. More- switch on you. We are going to repeal lung cancer, smoking two packs of over, just for the sake of understanding right now and replace at some point of Camels a day. How many other fathers, how incredible everything they are our choosing in the future, even though mothers, sisters, and brothers die from considering is going to be in terms of we have harbored an ancient animosity a totally preventable disease? Well, la- prevention of opioid disease, Medicaid toward the creation of a national law dies and gentlemen, this prevention right now pays $1 out of every $5 for in the first place, and the American fund put into place the kind of funding substance use disorder treatment in people are supposed to gullibly accept on a consistent basis not just for the United States of America. In other that argument. Well, we know what antismoking programs but for all pro- words, without these prevention funds, they have always wanted to do: leave grams across the books. without Medicaid funding, the only all of these health care programs, from I will give you a good example. Back choice for these families is either get- Medicare to Medicaid, to Social Secu- in the 1930s, no women, for the most ting help or getting buried. That is the rity, as death-soaked relics of the pro- part, died from lung cancer in the bottom line. What the Republicans are grams as they have been created by United States. But in the 1950s and doing is just wiping out the help. Franklin Delano Roosevelt, by Lyndon 1960s, the tobacco industry hired the So the option is going to be not just Johnson, by Bill Clinton, by Barack smartest PR person in America. This 2,000 in Massachusetts multiplied by Obama. They have always harbored

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.062 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S163 that animosity toward those programs. philanthropic spirit of the volunteers, As a Senator, you have been charged with This is just the beginning of an assault and I was also overwhelmed at the an immense task. Your constituents rely on upon generations of promises to Amer- depth of the need. Something made it you to work on our behalf to uphold and protect the freedoms we enjoy as Virginians and ican families who have been trans- more palpable by walking around the Americans. We also rely on you to safeguard formed by these programs. parking lot to see where people had the legislation that exists to keep our family Let us fight hard, I say to my col- come from. and so many of our friends and neighbors leagues, to make sure these prevention This is a community that is on the healthy and safe. funds are not taken off the books. It is border of Virginia and Kentucky so I When I graduated from the University of the transformative way of looking at wasn’t surprised to see Virginia license Virginia, I was fortunate to enter a career health care which the Affordable Care plates and Kentucky license plates. It through which I received excellent benefits. Act introduced into our society. I I taught second grade and kindergarten in is kind of near West Virginia so I both Chesterfield and Albemarle Counties. thank my friend Senator BLUMENTHAL wasn’t surprised to see West Virginia My health insurance was comprehensive and for leading us on this charge and Sen- license plates. It is near Tennessee. I affordable. I didn’t know how good I had it. ator SCHATZ. saw Tennessee license plates. I saw After years in the classroom, I put my ca- Mr. President, I yield the floor. North Carolina license plates. What reer on hold while I stayed at home with our The PRESIDING OFFICER. The Sen- struck me as I went through the park- children. We were so lucky to have been in a ator from Virginia. position to be able to make that choice. I ing lot was to see license plates from know that being able to rely on a single in- Mr. KAINE. Mr. President, I rise with Georgia and license plates from Ala- my colleagues, and I am thrilled to be come is not a reality for many Virginians. bama and license plates from as far We enrolled in a private health insurance here with them, to save our health care away as Oklahoma. plan through my husband’s company, a small and to try to convince our colleagues We are the richest Nation on Earth. business based out of Richmond, Virginia. that a repeal of the Affordable Care We are the most compassionate Nation Our new plan came at a higher cost than Act would be health care malpractice, on Earth. Yet, in order to get medical my excellent public-school teachers’ insur- and because health care is one-sixth of ance, but it was comprehensive and it al- care, people would get in their cars and lowed my husband and me, and especially the American economy, it would be drive for days, and then camp for days, economic malpractice as well. our children, access to outstanding health for the chance to see a doctor or a den- care. Just this past year, my husband, who What I thought I would do basically tist. was by then a part-owner in the company, is just tell two stories. I am going to It reminded me that first year, and it left his position to open his own Financial tell a Virginia story from before the reminds me still, of the way health Advisory firm. It was a move that was made passage of the Affordable Care Act, and care was delivered in the poor country easier because we had the option of enrolling I am going to tell a Virginia story in a health insurance plan through the Af- of Honduras where I served as a mis- since the passage of the act. fordable Care Act, which we did in July of I was first elected to statewide office sionary in 1980 and 1981. There wasn’t 2016. in 2001, and I became the Lieutenant really a health care network. Occasion- In addition to well checkups, sick visits, ally, missionaries or others would set prescriptions for antibiotics, and vaccina- Governor of Virginia. Shortly after, I tions, we rely on our health insurance made started to attend, on a fairly regular up a clinic in a mountain community once a year—maybe less than that— affordable through ‘‘ObamaCare’’ to, quite basis, a most amazing annual event. It literally, save our children’s lives. is called the Remote Area Medical clin- and people would gather, and that was Our oldest son is ‘‘medically complex.’’ He ic in Wise County, VA. It is in the the way we were delivering health care was diagnosed with multiple and severe food heart of Appalachia, in a community in a successful State, in the most com- allergies when he was just 10 months old. on the border of Kentucky where my passionate and wealthiest Nation on Though he was initially highly reactive to wife’s family is from. This was an an- Earth. It is just not right. It is just not over 13 foods, with the help of a vigilant pe- right. diatric allergist, multiple blood draws, tens nual medical clinic that was set up by of skin prick tests, and four in-office, hours- some Catholic nuns who were driving a The RAM clinic still goes on. It hasn’t gone away, but I will tell my long oral food challenges, my son can now van around trying to offer medical care safely eat all foods except for nuts, peanuts, to people who didn’t have it, and they colleagues what has happened since the milk, and shellfish. Still, we pay a premium decided they would recruit volunteers. passage of the Affordable Care Act. The for life-saving prescriptions that we hope They would set up at a dusty county percentage of Americans without he’ll never need: Epi-pens. He needs one at fairground, the Virginia-Kentucky fair- health insurance has dropped from over school and one that travels with him from home to extracurricular activities. Even ground in Wise, VA, and open the doors 16 percent to about 8 percent. It has almost been cut in half, and the after insurance, we pay nearly $1,000 each on Saturday to people who didn’t have year for these prescriptions. health care. It had been going for many uninsurance rate in this country is at In addition to his pediatrician and aller- years when I first went as Lieutenant its nearly lowest percentage since we gist, we have been to a psychologist for his Governor. I had heard so much about have been able to record that number. anxiety and a cardiologist for a detected it, and I was anxious to go see it. That means there is less of a need for heart murmur. More recently, after his pedi- Here is what I saw when I first went the RAM clinics because more people atrician became concerned about his stagna- there. People start to come on about can have a medical home and can seek tion on his growth chart, my nine-year old care. That decline has also been signifi- has been subjected to more blood draws, Tuesday of the week when it is going weight checks, countless hemoglobin level to open on Friday, and they come in cant because in Virginia, we were checks, and a consultation with a gastro- groups of three or four families, and about 14 percent uninsured in 2010, and enterologist. Next week he will undergo an then they come in groups of ten or doz- that number has now come down to endoscopy and a colonoscopy to, hopefully, ens, and then hundreds, and then thou- about 9 percent. diagnose a treatable condition that, once sands, to this dusty county fairground So that first story—the story of this known and treated, will enable him to get in late July—hot in Southwestern Vir- RAM clinic, pre-Affordable Care Act, back on that weight chart and thriving. ginia. They gather so that on Friday with one in six Americans not having Because of our health insurance, we have health insurance—we have done a good the peace of mind of being able to afford morning, at about 7 o’clock when it these doctors’ visits, lab work, and medical opens, they have gotten a number, they thing as a Congress to provide access procedures for our son. Our medical insur- know where they are in the line, and to dramatically reduce that number. ance through the Affordable Care Act allows sometime over the course of Friday Let me tell my colleagues a second us access to the best medical care and profes- and Saturday, they will be able to see story. The second story is just about a sionals in our area. a doctor, in some instances for the first family, a story in a letter that I re- Please do what is right for our family. time in their lives. There are doctors, ceived just a few days ago. It is a dif- Please do what is right for your constitu- ferent aspect of the Affordable Care ents. Please do what is right for our country. dentists, medical students, the Lions Please save the Affordable Care Act. Club volunteers to give vision Act. It is not so much about the reduc- Thank you for taking the time to read one screenings, hundreds of volunteers, and tion in the uninsured, but it is about little piece of our family’s story. thousands of people seeking medical more peace of mind and security for Sarah Harris, Crozet, VA. care. the majority of Americans who do have My first story was about people who The first year I went to this, I was health insurance. didn’t have health insurance. My sec- overwhelmed at the magnitude of the Dear Senator KAINE, ond story is about people who do have

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.044 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S164 CONGRESSIONAL RECORD — SENATE January 9, 2017 health insurance, but the health insur- the medical device tax—something the about the future of their health care ance is now affordable and comprehen- Presiding Officer cares a lot about in coverage. sive. My second story about the Harris his home State—but in truth, we have I heard from a man in Orono. His wife family is also about something else im- not had the opportunity that Senator was diagnosed with cancer this year. portant. Her husband was able to leave KAINE suggested to make changes to On top of everything his family is now a job with health benefits to start his this bill. Instead, we have been faced dealing with, he is terrified that his own company, which we want to en- with the thought of just simply repeal- family will lose coverage if there is a courage in this country. We want to ing this bill, with no replacement, with repeal. He wrote to me, begging me to encourage entrepreneurs. We want to no plan in place. So we would all say to help. He and his family will be bank- encourage innovators. Before the Af- our colleagues across the aisle: Show rupt by the cost of his wife’s treatment fordable Care Act, somebody like Mr. us the plan. Show me the plan. Once we if they lose their health insurance. Harris couldn’t leave his job and start see that, we can start talking, but that I heard from a 24-year-old young a company because he wouldn’t have is not what is happening today. woman from St. Paul. She has a chron- been able to buy insurance that would Additional changes could be made to ic disease, and her medication would have covered a child with a preexisting the act, including increasing the cost $4,000 a month. Thanks to the condition. Imagine being a parent with amount of subsidies available to ex- ACA, she has been able to stay on her a dream, like so many have, of starting change enrollees, something important dad’s health insurance plan, which cov- your own business, and realizing you in my State; establishing perhaps ers a significant amount of these costs. could not achieve that dream and you State-based reinsurance programs; If she isn’t able to remain on her dad’s would have to put it on hold because if doing something about the pharma- plan, she will not be able to afford the you changed your job, you would not be ceutical prices, something I have long lifesaving medication she needs. able to get health insurance for your advocated for. I have been ready and child. willing to work with my colleagues on I heard from small business owners in I gave a speech about this on the both sides of the aisle and to find addi- Aurora. Before health care reform, one floor last week. I will just conclude and tional commonsense improvements to of the owners had a lifelong preexisting say this. Health insurance is to provide the law, but repealing without a re- condition and was denied access to a protection for you when you are ill or placement plan is simply unacceptable. health insurance. Once the Affordable injured, but that is not all it is about It is chaos. Care Act took effect, she was finally because if you are a parent, even if As my colleague from Virginia re- able to purchase coverage through her your child is healthy, but you do not minded us with a touching letter that small business. She also qualified for have health insurance, you go to bed at he read from his constituent, let’s re- the small business tax credit. She night wondering what is going to hap- member what health care reform reached out to me because she fears she pen to my family if my child gets sick means to families across this country, will lose the coverage she needs to stay tomorrow or if I am in an accident to- why we have this bill in the first place. healthy and be able to run her busi- morrow. Who is going to be there? How Americans with preexisting conditions, ness. is my family going to be taken care of? like asthma, diabetes, heart disease, I heard the story of a woman from So what the Affordable Care Act is and cancer, can no longer be denied ac- Crystal. She works two part-time jobs, about is, as Sarah Harris said, peace of cess to health insurance coverage. Chil- neither of which offers health insur- mind. It is about coverage, but it is dren can stay on their parents’ plans ance. Before health care reform, she also about the peace of mind that you until they are 26, a dramatic change couldn’t afford to go to a doctor. need as a parent to know that your that helps so many families across Thanks to the Affordable Care Act, she child will be protected if you are ill or America. Women are no longer charged gained coverage through Minnesota’s if your child is injured. That is what more than men for health insurance. Medicaid expansion and was able to get the Affordable Care Act has done for We had a lot of issues when we de- treatments she needed and wouldn’t the Harris family of Crozet, VA. That bated this bill, making sure that being have been able to afford without her in- is what it has done for tens of millions a woman or being a victim of domestic surance. Now she is scared she will lose of Americans. violence was not a preexisting condi- her coverage. If the Medicaid expansion The Urban Institute indicated that if tion. I see the Senator from Michigan, is repealed, she knows she will not be the Affordable Care Act is repealed Ms. STABENOW, who fought for mater- able to afford any of the treatment she without a replacement, or even a de- nity benefits. I will never forget the needs. layed replacement, it could cause 30 story in her committee, when one of These are just some of the heart- million Americans to lose their health the Senators suggested that maybe ma- breaking stories of people who have insurance—and 30 million Americans is ternity benefits shouldn’t be manda- contacted my office. There are many the combined population of 19 States in tory as part of a plan because he had more. The Affordable Care Act repeal this country. This is not a game. This never used them. Without missing a will have real consequences for fami- is very, very serious, life and death, beat, Senator STABENOW looked across lies in Minnesota and across the coun- that we are grappling with in this the table and said: I bet your mother try, but families aren’t the only ones body. My strong hope is that our col- did. who will see the negative impacts. leagues will join together and decide The point is, we made good changes They are going to see it through rural that we want to fix and improve the in this bill that help people. There are hospitals. Health care reform provided health care system of our Nation but no longer annual or lifetime limits on a lifeline to these hospitals by extend- not break it. how much health insurance companies Mr. President, I yield the floor. will cover. All health insurance plans ing coverage to millions of patients The PRESIDING OFFICER. The Sen- must now cover a basic set of services, who can now get prescription drugs and ator from Minnesota. which includes mental health care, ad- treatment without having to turn to Ms. KLOBUCHAR. Mr. President, I diction treatment, prescription drug emergency rooms for assistance. This thank the Senator from Virginia for coverage. lifeline was helpful in three ways. his leadership. He recently led a letter If the ACA is repealed, nearly 30 mil- First, the health care reform law in- which a number of us joined in on to lion Americans could lose access to cluded a provision to extend prescrip- suggest that we make reforms to this health insurance, increasing the num- tion drug discounts—between 25 and 50 bill. I said the day it passed that the ber of uninsured by 103 percent. More percent—to over 1,000 rural hospitals Affordable Care Act was not an end but than 80 percent of these Americans are through the 340B Program. The River- a beginning. members of working families. In Min- View Health facility in Crookston used But we have not had opportunity, nesota, it is estimated that 380,000 the savings from the 340B Program to save for just a few examples where we fewer people would have health insur- recruit orthopedic surgeons and oncol- changed some tax-reporting provisions ance in 2019 if full repeal is successful. ogy specialists, update equipment, under 1099. I was one of the people who Many Minnesotans have contacted start a clinic, and start a 24/7 onsite led the successful efforts to suspend me in the last few months, frightened lab.

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.046 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S165 Second, the Medicaid expansion, ket. The answer to this is competition, coverage as they were before. Nine mil- under health care reform, provided cov- and we are not going to have competi- lion Americans have received tax cred- erage for millions of previously unin- tion if we deny access to that competi- its to help them cover the cost of their sured patients in rural States. This tion. insurance. Eleven million seniors have means crucial new revenue for rural In conclusion, no family should be saved over $23 billion from closing the hospitals. forced to decide between buying food Medicare Part D prescription drug Third, health care reform enabled and filling a prescription or paying the plan’s so-called doughnut hole. Dough- nearly 2 million rural Americans, in- mortgage and taking a drug as pre- nut hole is a benign way of saying burn cluding in my State, to purchase sub- scribed. It is time to pass legislation to a hole—costs that were burning a hole sidized private coverage on exchanges ensure that Americans have access to in the pockets of America’s seniors. last year alone—which is an 11-percent the drugs they need at the prices they Finally, hospitals in States like increase from 2015. Even with these can afford. I am more than happy to Pennsylvania are getting a lot of help gains, the National Rural Health Asso- talk to my colleagues about some of due to the legislation. In Pennsylvania, ciation recently said that most rural these proposals, but we simply cannot our hospitals have saved $680 million hospitals have been ‘‘operating on a repeal this bill with no plan on the due to reductions in uncompensated break-even margin or at a loss in cer- table to replace it. care. I think, in the end, most of this is tain cases.’’ These hospitals can’t af- Mr. President, I yield the floor. about real people and real families and ford to see a repeal of the ACA with no The PRESIDING OFFICER. The Sen- their real lives and, unfortunately, the replacement that works for them. ator from Pennsylvania. real consequences that would adversely As we look to improvements, I would Mr. CASEY. Mr. President, I rise this impact their lives. mention a few things with prescription evening to speak about the Republican Among the 3 million Pennsylvanians drug prices. According to a 2016 Reu- effort in the Senate, by way of a budget with preexisting conditions, there are ters report, prices for 4 of the Nation’s resolution, which includes so-called two remarkable young women whose top 10 drugs increased more than 100 reconciliation instructions to repeal mother first contacted me in 2009— percent since 2011. The report also the Patient Protection and Affordable Stacie Ritter, from Manheim, PA. shows that sales for those ten drugs Care Act, in this case, unfortunately, Stacie is a mother of four children, in- went up 44 percent between 2011 and without any replacement for that legis- cluding twin girls, Hannah and Mad- 2014, even though they were prescribed lation we passed a number of years ago. eline. That is a picture of Hannah and Madeline a number of years ago. Han- 22 percent less. In any given month, In a word, I think this is a plan for nah and Madeline were diagnosed at about half of all Americans and 90 per- chaos—chaos certainly for insurance the age of 4 with a rare and dangerous cent of seniors take a prescription markets but more particularly chaos and damage done to middle-class fami- type of leukemia, at such a young age. drug. Stacie and her husband went bank- So what has happened? The price of lies whose costs will go up. Of course, rupt. They literally went bankrupt try- insulin has tripled in the last decade. their coverage will be affected ad- ing to pay for their daughters’ medical The price of the antibiotic doxycycline versely. A repeal act without replace- bills. She wrote to me at the time, say- went from $20 a bottle to nearly $2,000 ment would raise the price of prescrip- ing that without health care reform tion drugs for older Americans across a bottle in 6 months. As was pointed ‘‘my girls will be unable to afford care, our country, put insurance companies out, naloxone, a rescue medication for that is if they are eligible for care that back in charge of health care, cost our those suffering from opioid overdose, is critically necessary to maintain this economy millions of jobs, and dev- was priced at $690 in 2014 but is $4,500 chronic condition. Punished and re- astate funding for rural hospitals and today. This is a rip-off, and this cycle jected because they had the misfortune rural communities in Pennsylvania and can’t continue. A recent study showed of developing cancer as a child.’’ that one in four Americans whose pre- across the country. So said Stacie Ritter, one mother in scription drug costs went up said they I think, on a night like tonight, one community in Pennsylvania in were unable to pay their medical bills. where we are just beginning a long de- 2009. She was talking about her daugh- They are skipping mortgage payments. bate about how to bring affordable care ters being punished and rejected, as if They are not being able to pay their to Americans and how to continue they had any control over the cancer bills. that, we should reflect back on where they were diagnosed with. Fortunately, So what are some solutions? I re- things were before the Patient Protec- Hannah and Madeline are healthy cently introduced and am leading a tion and Affordable Care Act. young women today. Madeline and bill, with a number of other Senators, Over 50 million Americans were unin- Hannah are freshmen at Arcadia Uni- for negotiation for prices under Medi- sured in 2009—50 million people. People versity and are doing well. The Afford- care Part D. The President-elect has with any sort of medical condition able Care Act protects them by assur- voiced support for this kind of effort. were routinely denied health insurance ing they will have access to affordable Let’s get it done. or were charged exorbitant rates be- coverage, whether on their parents’ Secondly, drug importation. Senator cause of their health histories. Women plan or on a plan in the market. Be- MCCAIN and I introduced and reintro- in the United States were routinely cause of their medical histories, they duced our bill again, which allows for charged more than men for their have ongoing health care needs, and less expensive drugs to come in from health insurance. This is not an ex- they don’t know what they would do Canada so we finally have some com- haustive list. Finally, individuals who without the Affordable Care Act. petition. It would simply require the were ill were routinely dropped from Here is a picture of them today, and FDA to establish a personal importa- their health care coverage because you can see what a difference health tion program that would allow Ameri- they had reached arbitrary caps on the care makes in the life of a child—in cans to import a 90-day supply of pre- amount of care an insurer would pay this case, the life of two children who scription drugs from an approved and for a given year. are now young women and in college. I safe Canadian pharmacy. We wouldn’t So let us talk about what has hap- don’t even want to think about it, but need this if we didn’t have these esca- pened since then. Since the passage of we should think about what would lating prices. the Affordable Care Act in 2010, we have happened without this legislation. Third, Senator GRASSLEY and I have have come a long way. More than 20 We should not ever put children and a proposal to crack down on pay-for- million Americans, including almost 1 their families in that circumstance. delay that prevents less expensive ge- million in Pennsylvania, have received If you are talking about a new plan, neric drugs from entering the market. health insurance as a result of this one you better have a plan that would Finally, Senators LEAHY, GRASSLEY, piece of legislation. One hundred five cover children like Hannah and Mad- MIKE LEE, and I have introduced our million Americans are protected from eline, and you better be able to pay for bipartisan Creating and Restoring discrimination due to preexisting con- it. You can’t just talk about it. You Equal Access to Equivalent Samples ditions. Those are 105 million Ameri- can’t just promise it. You have to be Act, to make it easier for generics to cans with preexisting conditions who able to pay for it, as we did in this leg- enter the market and stay in the mar- are no longer barred from treatment or islation.

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.048 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S166 CONGRESSIONAL RECORD — SENATE January 9, 2017 While we are on the question of costs, all the gains we have made in the last health care. I work part time as a tutor at a let’s talk about it in human terms— number of years. community college and nearly full time as a human terms meaning young women What does that mean for Pennsyl- farmer. Neither one of these jobs provides me like Hannah and Madeline. We have vania? Since the bill was passed, 956,000 with health care, nor do I make enough to Pennsylvanians stand to lose their cov- pay several hundred dollars in premiums per heard an awful lot from Republican month. The government subsidy is what Members of the Senate and Republican erage because that is how many have makes it possible for me to have healthcare. Members of the House of Representa- gained it. The Congressional Budget If Obamacare is taken away, I will most like- tives. They have been promising to Office, which is the Congress’s referee ly have to give up farming, and if anything, come up with a ‘‘better plan’’ than the or scorecard, estimates that insurance we need more farmers, not fewer. Affordable Care Act since 2010. Since premiums would rise by 20 percent if That is what she says. ‘‘If Obamacare March of 2010, when this passed, you the act is repealed without a replace- is taken away, I will most likely have would think that by now they would ment. to give up farming.’’ The Commonwealth Fund, in a recent have a plan—a plan that would replace Why would we do that? Why would report, estimated that repealing the what they had repealed. That is part we say that to someone who has act would cost our economy 2.5 million one. Part two is a plan that is better, achieved success in any profession or jobs per year—not over 5 years or 10 because that is what they promised. any job or any career—but especially They used other words to describe it as years but 2.5 million jobs per year. Pennsylvania is a State where, de- something as fundamental to the econ- well. omy of Pennsylvania? By one estimate, Now almost 7 years later—and it will spite having huge urban areas in both Philadelphia and Pittsburgh and a lot our largest industry is agriculture in be 7 years in March—where is their Pennsylvania. Why would we say to plan? I don’t think anyone has been of cities in between, we have millions of people literally that live in so-called that farmer: They have this idea to get able to find their plan. Some Members rid of legislation in Washington. You of the Senate on the Republican side of rural communities, rural counties. By one estimate of our 67 counties, 48 of are just going to have to come up with the aisle have said recently that they a new profession. Why would we force have a plan but they haven’t released them could be categorized as rural counties. We have a lot of people who people to give up farming in order to it yet, or they have parts of a plan or meet the demands of some people in different plans but they are putting live in, make their living in, and work very hard in rural communities. Washington? them together, and we will see them One of the headlines that caught my Julia is facing the likelihood, if the soon. Others don’t seem to know attention last week was from the Fis- act is repealed, of losing her ability to whether there is a plan or not. So they cal Times. This is from January 5. You support herself because her insurance promised to replace the Affordable can’t see it from a distance, but the would be too expensive. Care Act only after they repealed it headline reads: ‘‘Obamacare Repeal I have to ask: Is this a ‘‘better plan’’? and only after millions of Americans Could Push Rural Hospitals to the Is this what Republicans have come up would lose their insurance. Brink.’’ It is all focusing on rural hos- with? We shall see. Where is the plan after 7 years? You pitals and the cost of repeal. Rebecca Seidel is a dairy farmer as would think, if you were serious about We know that a couple of years ago a matter of public policy—something well. She is from Douglassville, PA. there was a report by First Focus that Rebecca co-owns a herd of dairy cows, as substantial and as consequential in focused specifically on rural children the lives of families—that after 6-plus, and she talked with me just last week and their health care. Here is what the about how dangerous farming can be almost 7 years you would have a plan conclusion of that report was. As of ready to go, and that plan would be and how scary it is not to have insur- 2012, the year they examined, Medicaid ance. She says: comprehensive, and that plan would and the Children’s Health Insurance cover at least 20 million people, maybe As the daughter, granddaughter, and great- Program covered 47 percent of rural granddaughter of Pennsylvania dairy farm- more. children, compared with 38 percent of That plan would have all the protec- ers, I’ve seen my share of agricultural catas- urban children. Almost half of rural trophes. Between equipment and large ani- tions that I spoke of earlier. Young children, as of this report, received mals, every day comes with potential haz- women like that, when they were chil- their health care from Medicaid or the ards. Will I break a rib getting between two dren, would not have their treatment Children’s Health Insurance Program. cows who are fighting? Will a blade come capped. Someone with a preexisting Both would be adversely impacted by loose from the bedding chopper and hit me? condition would be protected. Women both the repeal of the Affordable Care Will my hand be broken through would not be discriminated against. All miscommunication with someone operating Act and the implementation of the the skidloader? These are realities with of those protections, including the cov- House Republican budget, which I erage, would be part of that plan—you which I live every day and I am able to go think is the most extreme budget ever about my job bravely because I know none of would think. proposed in Washington. these events would financially destroy my It seems as if to find the Republican That is the reality just for rural chil- family. plan here in Washington, you would dren and their health care and, also, need to hire a really good private in- She said the Affordable Care Act al- the predictions about what will happen lowed her to work, and she wrote: vestigator to look in every corner of to rural hospitals. A lot of people em- Washington. Maybe it is in some of the ployed in Pennsylvania—tens of thou- Threats to the ACA are threats to our fu- desks here. Maybe we just haven’t ture, Senator, and to the future of small sands—are employed in rural hospitals businesses, agriculture, and families. found it yet. So far, there is no plan— in our State. no plan. There is a lot of talk and a lot One of the individuals who contacted Rebecca and her husband don’t know of hot air about repeal but no plan. us to talk about this issue in the con- what to expect with repeal of the law. What does the Brookings Institution text of being in a somewhat rural com- They want to start their own business, say? They say that the number of unin- munity but someone who is actually allowing their current employer to hire sured Americans would double if the doing farming—and, of course, farming more people, but they don’t know what act is repealed. To be precise, that does not occur just in rural areas—is they will be able to afford in such an would leave 29.8 million people without Julia Inslee, from Coatesville, PA. environment of uncertainty. Rebecca insurance. It would go from 28.9 to 58.7 That is in Southeastern Pennsylvania, and her husband don’t know if they million people. I started tonight talk- where we have a lot of farms, as well, will be able to realize their plans to ing about 50 million uninsured in 2009. just like we do in the middle of the start a new business. How is this a bet- If you repeal this legislation and you State and in the western, northeastern, ter result for them, we would have to don’t replace it with something that is and northwestern part of the State. ask. very close to comparable, that means Julia turned her family’s hobby farm Finally, we have a story of a busi- you no longer have 50 million unin- into a full-time operation. Here is what nessman, Anthony Valenzano. Anthony sured like we did in 2009, you have 58.7 she wrote to her office in November. is a small business owner who has been million—let’s round it off to 59 million I am one of the millions of people who have successful with the hard work of one Americans without insurance—despite benefited greatly from affordable access to employee who purchases an affordable

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.050 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S167 and comprehensive plan through Penn- don’t vote get sick. This is not a par- and stay on your insurance has made sylvania’s health insurance market- tisan issue. This is about one of the an incredible difference for hundreds of place. This is what Anthony said as a most basic human needs, most basic thousands of young people across the small business person: things that we care about for our fami- country. That is gone. It is my opinion that the Affordable Care lies. People go to bed at night and say: Guaranteed access to essential health Act is the best thing the federal government Please God, don’t let the kids get sick. benefits. I did fight very hard so that has ever done for a real small business like Make sure Mom is OK, Dad is OK. we had a benefit package that includes mine. This bill paved the way for entre- Because of the Affordable Care Act, simple things, important things for preneurs to strike out on their own, knowing because of the increases in access to af- women, like maternity care. Prior to that they have a way to get health insur- health care reform, about 70 percent of ance. The bill allowed these entrepreneurs to fordable health care that we were able attract professional employees who would to pass a number of years ago, fewer the insurance policies that were avail- otherwise have never left a corporate job to people are having to worry. There are able in the private market—if a woman join a small startup. still people worrying, and there are were to go out and try to find insur- His business relies on his one em- still issues. There are still costs, and ance, about 70 percent didn’t provide ployee—in this case, he has one who is there are still things to do. I am anx- basic maternity care. Now all the poli- central to his business—being able to ious to get about the business—all cies have to provide maternity care. purchase affordable health insurance, Democrats are anxious to get about the Policies have to include mental health since, with only one employee, he can- business of making sure that health and addiction services like physical not get her on employer-sponsored cov- care is more affordable and doing more health, so we are saying that if you erage. He said, ‘‘Looking forward, we to bring down the cost of prescription have an illness above the neck, it plan to do even bigger and better drugs. I am also concerned about small ought to be treated the same as an ill- things, but she still needs health insur- businesses. There are things that we ness below the neck. These are patient ance to do it, and if we lose the Mar- can do together, that we should be protections for all of us. ketplace, iQ Product Design will likely doing on a bipartisan basis, but we In health care today, you can’t have lose its key employee and will be un- shouldn’t be repealing health care and your services capped. I have seen and able to create the next big market- unraveling the entire system and cre- spoken with so many doctors who treat changing product.’’ ating chaos in the entire system in- cancer in children and adults. Families He is asking: What is going to hap- stead of focusing on how we make talk about the fact that in the past pen? Is there a replacement plan? What health care better for families. there would be a financial cap or a happens to his employee? What hap- The bottom line of what is being pro- number of visits or a number of treat- pens to his business? We have a long posed—and what this budget resolution ments as a limit, and if you were done way to go to debate these issues. But I is really all about—is going to make with your treatment and your doctor have to ask again, if there is such a America sick again. That is the bottom didn’t feel that you received enough better idea here after almost 7 years line. We are going to create a situation treatments, too bad. Your yearly cap is now, where is this replacement plan? where more Americans will be sick and up or the lifetime cap is up. Right now, We haven’t heard one word about the not be able to see a doctor, not be able that is gone. But with the repeal, those details of it. Where is it? I think that to find affordable insurance, or not be caps come back. is what a lot of Americans are asking. able to have the protections that they Preventive services with no copay. We know what Republicans want to do: currently have under what we like to We want folks getting a wellness visit, Repeal the Affordable Care Act or pa- call the Patient’s Bill of Rights—the getting a mammogram, being able to get contraceptive coverage, being able tient protections in the Affordable patient protections for everybody. Sev- to get preventive cancer screenings. Care Act for all those people with in- enty-five percent of Americans get Doing that without a copay has made a surance who had much better protec- their health insurance through their tremendous difference in people being tions solely because of this legislation. employer, and every one of them—all able to get the preventive care they Mr. President, I yield the floor. of us—have benefited from changes in The PRESIDING OFFICER. The Sen- need. health care that have taken total con- ator from Michigan. There are so many other things that Ms. STABENOW. Mr. President, first trol out of the hands of insurance com- have been put in place for everyone I want to thank my good friend and panies and given us more assurances who has insurance. All of that gets colleague from Pennsylvania who that if we get sick, we are not going to ripped away with repeal, and there is serves with great distinction with me get dropped. If we have an illness or no excuse for that. There is no way we on the Agriculture Committee. I love our child has juvenile diabetes or can- are going to allow that to happen with- that he is speaking about our farmers. cer or Alzheimer’s or leukemia or high out continuing to fight as hard as we In a few minutes, I am going to talk blood pressure or if you are a woman of can. It is outrageous. about Sonya, who is a blueberry farmer child-bearing age, which is viewed as a The second thing is cutting Medicare and small business owner from Michi- preexisting condition so you have high- and Medicaid. All of the health care gan. We know there are so many small er rates—all of those things were system is tied together. When we made business owners and farmers who fi- changed in the interest of the Amer- changes in Medicare, we lengthened the nally have been able to find affordable ican people. solvency of the trust fund—12 more health care because of what was passed Basically, when we look at it, there years of solvency in the trust fund, 12 in the health care reform act. are four different areas where health more years of making sure it is solid, I want to thank Senator CASEY for care reform has made a difference in financially viable. That goes away. being such a strong advocate for those people’s lives and what we are fighting My colleagues have talked about pre- dairy farmers. We have a few dairy for tonight. We are fighting for these scription drugs and the fact that we farmers in Michigan, as well, and we things. We are fighting to have them have closed this gap in coverage. If you appreciate very much his advocacy. not taken away and to have the system have high bills related to the cost of I want to take a step back and look not ripped up and not create a situa- medicine, right now you are covered. broadly for a moment at what is really tion where we cause incredible harm by When you get to a certain point and happening here and why we are so con- what Republican colleagues are talking there is a complete gap in coverage and cerned and why we have spent all of about doing. you are not covered anymore, and then this evening and are going on into the The first general category is putting you are covered again—folks call that night to talk on behalf of the people we insurance companies back in charge by the doughnut hole. We are closing that represent on the impact of what repeal- repealing the patient protections. That so there is no gap in coverage. ing the Affordable Care Act without is what is being talked about: keeping With repeal, the doughnut hole having a replacement that is as good or young people, your son or your daugh- comes back. Coverage is lost. Costs for better in place at the time would really ter, on your insurance until age 26. medicine go up. Preventive services mean for people. They graduate from college; they prob- under Medicare are ripped away if we Republicans get sick. Democrats get ably already have mounds of debt. Let- see a repeal. And there is not a replace- sick. Independents get sick. People who ting them get started in the workplace ment that is put in place that is equal

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.051 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S168 CONGRESSIONAL RECORD — SENATE January 9, 2017 to or better than what we currently protections, the coverage, the not cancer, thank goodness. Again, be- have. strengthening of Medicare, the low- cause of the Affordable Care Act and Medicaid. We have so many people ering of prescription drug prices under her insurance, she was able to get the who are working for minimum wage, Medicare, the help for people who work services she needed. She goes on to working really hard at minimum wage hard every day on minimum wage and talk about a number of different health jobs, who never had the opportunity to are finding access to a regular doctor challenges for them, including the fol- have health insurance before, and now instead of using the emergency room, lowing: they do. That is gone if the whole sys- which, by the way, raises health care Finally we have coverage for preventive tem is ripped up. Most of Medicaid goes costs. care. My husband had a physical, the first for seniors in nursing homes, long-term The truth is, we all are here because time since high school, and we found out care. If you look at the nominee for we care deeply about this. If our col- that there was an issue that needed to be addressed. He was referred to an orthopedic Secretary of Health and Human Serv- leagues want to stop this craziness of surgeon, discovered he had severe arthritis. ices, who has proposed completely re- running the cow off the cliff and decide It was causing constant pain. Again, we were writing, ripping up Medicare as we that maybe we are going to work on able to have insurance coverage. Because of know it, as well as health reform and just fixing it together, we are ready, the Affordable Care Act, he was able to have the Affordable Care Act—if you put all willing, and able to do that. We know, this repaired. that together with this repeal and as with any major change in form, that She says: somebody who wants dramatic after they work a while, you have to We are hard-working people. We have changes—I believe it is $1 trillion in figure things out and you have to fix never asked for help. But we are extremely cuts proposed by the current chairman problems. We are more than willing; we concerned because we could not afford our of the Budget Committee or the gen- want to do that. We have been offering insurance right now without the tax cred- tleman who now is being proposed for to do that and suggesting that for the its—the subsidy. Secretary of Health and Human Serv- last several years. But this approach is She says: ices—Medicare and Medicaid are seri- outrageous and completely irrespon- This morning, watching the news, we were ously threatened by all that is talked sible, and, in fact, it will make Amer- met with a story that the Republicans are all ready to repeal ObamaCare. They said about right now. ica sick again. that while they couldn’t take away the in- We are talking about, in total, kick- Let me conclude by just sharing a surance, they could take away the subsidies. ing 30 million Americans off their in- couple of stories from constituents in This would put insurance out of our range surance. In Michigan, all together, Michigan. I have heard from a lot of and we would no longer be able to afford it. counting Medicaid and those who are people, particularly small business My husband Larry said to me, ‘‘they couldn’t purchasing through the new insurance owners, people who have the freedom just throw us out to the dogs, could they?’’ pools, it is over 2 million people. One now to be able to leave their job where She says: out of five people in Michigan and their they were working only because of the My reply was, ‘‘anything is possible.’’ families will lose their access to a doc- insurance. That has happened to my I know the Affordable Care Act isn’t per- tor and medical care. own family and friends, where folks are fect. I know that not everyone has taken ad- What does all of this mean? It means vantage of it, but there has to be a way to fix in a job that does not work for them it without hurting the millions of people who costs are going to go up both for cov- but at least they have insurance. have been helped by it. erage and prescription drugs. And for The Affordable Care Act has given In fact, Sonia, there is a way to fix it Republican colleagues who say: Well, the flexibility for someone to step without hurting you and your husband, we are going to repeal it now, but not away, to be able to start their own full-time farmers and small business really because we are going to say it is business or their own farm, like Sonia owners. I have a number of other sto- repealed and then we are going to wait who is a blueberry farmer in Michigan. ries. I am going to pause because I have 2 or 3 years—first of all, Republicans She has written me, indicating they other colleagues who I know want to have had 6 years of talking about re- are extremely fearful that they are speak who care deeply about this as peal. It has been over 50 times in the going to lose their insurance under the well. I will share those at a later point. House of Representatives. You would new administration because of what Let me just say, what we are talking think within that time they would Republicans are talking about. about is not a game. It is not. This is have been able to come up with a plan, She says: about real people with real lives who not a bunch of ideas but a plan to show A number of years back in 2000 I quit my are encountering situations that could that, in fact, these things aren’t going traditional job and my husband, who had happen to any of us. Too many people to happen; that they are not going to been laid off, and I bought my step-dad’s are not in a situation, without Medi- blueberry farm. He had passed away in 1995, unravel the health care system; that care or Medicaid coverage or access to they have something bigger, better, and we took care of my mom who had inher- ited the farm, and lived with us for a year health care through the exchanges, to greater, but that is not what we are and a half until her death. We are full-time be able to see the doctor and get the hearing. We are hearing: Well, we don’t farmers, small farmers, about 15 acres of care they need. That has changed in have it yet; we don’t know if we are blueberries. We also have a small garden cen- the last number of years. going to have it. We will try to figure ter, Sweet Summer Gardens, which is open There is more to do. We can work to- it out somehow, and we will wait 2 or from May to September, and a small bead gether to make it even better, but the 3 years. store, the Enchanted Bead. It is open year idea that people are not being helped What happens in the insurance mar- round. today, that small business owners and ket when insurance companies don’t She says: farmers and families are not getting have predictability? Rates go up. What We are hard-working people who love the medical care today because of what happens when hospitals—and I have al- life that we have carved out for ourselves, was done is just not true. It is just not ready been told this in Michigan—don’t but there some drawbacks to being self-em- true. The reality is, we are in a better know what is coming? You pull back. ployed and small business owners. In 2012, I spot with more to do. Pulling the You pull back on investments. You pull tore the meniscus in my right knee. I did nothing to take care of it because I did not thread and unraveling the entire sys- back on what you are doing in terms of have insurance. But then in April of 2015, 3 tem and creating chaos in the entire coverage because you don’t know what years after the injury, I finally got to the system makes no sense. is coming. point where I could no longer take the pain. So we as Democrats are going to do This makes no sense whatsoever. I Luckily, we had signed up for insurance whatever we can. We know that ulti- understand politics. I understand slo- through the Affordable Care Act. I was able mately the votes are there. If the Re- gans. I understand all the rhetoric that to have the severe tear repaired. publicans in the House and the Senate has been said for years about repealing Then she goes on to talk about how a and the new President want to com- health care reform, but this is the most little later there was a cancer scare, pletely dismantle the health care sys- irresponsible thing I have ever seen in and she had to go in for ultrasounds tem, unravel the health care system, my life if there is a repeal with no re- and lab work and an outpatient D&C. weaken Medicare, and weaken Med- placement immediately that at least Because she was able to do that, she icaid, you can do it. You have the votes equals what people have today—the was fortunately able to find out it was to do it.

VerDate Sep 11 2014 06:42 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.053 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S169 People right now who get care, the ability of their products and consider my ef- I have become extremely anxious about millions of people, the over 2 million forts to be quite successful. how my family will meet Emma’s ongoing people in Michigan alone who have However, I would not have taken the needs if the ACA is repealed and insurance been directly helped by the Affordable chance to go off on my own if it had not been companies are allowed to reinstate lifetime for the Affordable Care Act (ACA). maximums and to discriminate against pre- Care Act, they know that. They will The ACA gave me options in health insur- existing conditions. . . . know when that is no longer available ance that I would not have had prior to its I beseech you to do everything you can to to them. It will hurt many, many peo- passage. There are millions of people like me preserve the provisions that will help my ple. We hope colleagues will take a sec- who count on the security of the ACA. These family—and to do everything possible to en- ond look and decide to work with us in people are entrepreneurs, freelancers, the sure that the millions who have finally been a way to move forward on health care self-employed, early retirees, and the like able to acquire health insurance since the that will allow people to get the care who would not have health insurance if not ACA was passed don’t lose their insurance. they need at an affordable price for for the ACA. People have received probably hun- Therefore, I am asking you to continue dreds of thousands of these letters in themselves and their families. your support for the ACA. I know that is what we all want for the Senate. It seems to me—I mean, our families. We should be doing every- Catherine, a nurse from Aurora: yes, we should be having a conversa- thing humanly possible to make sure I want to tell you a personal story, in the tion about how to make the law better. people have the affordable care they hopes that you will think about the people in I have said from the very beginning your state who might be affected if the Af- that I don’t think it is perfect. I think need and the protections they need to fordable Care Act is repealed. get care when they need it. there were big problems with our I yield the floor. That is whom we are here to talk health care system before we passed The PRESIDING OFFICER. The Sen- about tonight. That is whom we are the Affordable Care Act. I think there ator from Colorado. here to think about tonight. Catherine are big health care problems with our Mr. BENNET. Mr. President, I would wrote: health care system today. That is a like to welcome the Presiding Officer I have a daughter with Schizophrenia. . . . fact that anybody in America ought to to the Senate and just say thank you When we had to bring her home from col- be able to notice. And the Senate ought very much for your willingness to sit lege, we were terrified about what might to be able to notice that and say: Why happen to her and where she would find here this evening. To my colleagues, treatment. don’t we make it better? Why don’t we thank you for being here. The hour is Because of the Affordable Care Act, she improve it? We should improve it. getting late so I am not going to take was able to stay on our insurance for the I would love to meet with colleagues up a lot of time with my own words, next 3 years, even though she was no longer here to talk about how we deal with but I did want to come to the floor and a student. the fact that in rural Colorado, there is read the words of people who have writ- That is one of the most popular pro- not enough competition in health inten my office, Coloradans who took the visions of the Affordable Care Act. surance for people. I would love to be trouble to tell me what their concerns Although it was a long process and not able to have a conversation here about were with this suggested repeal of the easy, we were able to help find quality men- how to drive the cost of insurance Affordable Care Act. tal health care providers and her care was down in rural Colorado, rather than Given the fact that they took the covered because of provisions in the law that continue to see those costs increase. time to write, I wanted to have the op- provided for mental health coverage. I would say this. If there is somebody portunity to be here tonight to read Provisions that I know the Senator here with a solution to that problem, their words into the RECORD. It mat- from Michigan worked on. on either side of the aisle, I would be ters to a lot of people in my State be- She is now doing very well. She is married happy to write that amendment with cause more than 600,000 people are now and able to work part time and function as them. But the problem I have with insured in Colorado who were not in- an active member of society. where we are in this debate—and I will sured before the Affordable Care Act. As a nurse, I have cared for many people close with this—is that we are talking We have had one of the largest drops of over the years who had chronic conditions about throwing out all the protections the uninsured rate in the country. We through no fault of their own. Before this that all of these people have come to have dropped from 14 percent to 7 per- law was passed, many would not get insur- rely upon, that all of these people have ance, or if they did, the cost was beyond cent, really importantly from the point their reach. come to count on in America with our of view of saving money. The amount health care system. We are going to Nicholas from Denver: of uncompensated care has gone down throw them out, but we are not going by 30 percent. So those are at the hos- My wife was diagnosed with stage IV colon to tell you what we are going to put in pital. Those are statistics, but the let- cancer at the age of 38, almost 4 years ago. its place. In fact, for all you know, we We have been living with it as a chronic dis- ters tell the human dimension, the ease and she is in stable condition. are not going to put anything in its human story that so often is lost in the Health care costs have been about $15,000 a place because what we have heard is Chambers of this Capitol. year for us out of pocket, but we’ve been able that there is no consensus on the other A letter from Kathryn from Denver to manage because of the protections af- side about how we should move for- who wrote: forded by the ACA, specifically no caps on ward. The Affordable Care Act has been crucial annual or lifetime benefits and no denials for Part of the problem I have had with to my family the last several years. . . . My preexisting conditions. . . . this legislation since the beginning is sister, a Type 1 diabetic since age 10, is now Please assure me you will do all you can to that we have been unable to forge a bi- a Colorado business owner. keep those protections we so desperately rely on from disappearing. partisan consensus on how to deal with The Affordable Care Act allowed her to the fact that this country is spending pursue business ownership because—for the Sarah writes: 16 percent of its GDP on health care first time in her life—she could get indi- On June 20, 2016, my second child, my vidual health insurance coverage without when every other industrialized coun- daughter Emma, was born. . . . She was born try in the world is spending about half being denied due to her preexisting condi- six weeks early and weighed 3 lbs. 10 oz. At tion. ACA allowed her to leave her full-time birth. We knew prior to her birth that she that or, in some cases, less than half job and start a part-time business and get had a heart defect (a hole in her heart) that that and delivering better results. I benefits through ACA. would need to be repaired through open- would love to see a bipartisan con- I truly believe so much good has begun to heart surgery during the first year of her sensus. But what we have come to un- come from this legislation and repealing it life. will have catastrophic consequences for my derstand in the days leading up to this We also knew that she wasn’t growing family and for so many others. debate is that there is not a consensus properly and she might have other issues. on the Republican side about how we Terry from Denver writes: . . . During the past five months, Emma has should go forward. I am writing concerning the Affordable undergone more surgeries and procedures After 7 or 8 years, you would think Care Act (ACA). In 2010, I left my conven- than most people will undergo in their entire tional job and took a risk, forming a com- lives. . . . I haven’t recently tallied the cost we would have the opportunity to see a pany to perform engineering consulting serv- of Emma’s medical care, but I believe she plan. It is not hard to think about what ices. Since that time, I have helped multiple will easily reach $1 million (or much) in the values would be underlying a organizations improve the safety and reli- medical expenses before she turns 1. plan—the values that would say: Let’s

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.054 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S170 CONGRESSIONAL RECORD — SENATE January 9, 2017 try to maximize coverage where we The budget resolution that we are tax credits under the law have made it can. Let’s try to increase quality where considering this week will repeal the possible for her to buy decent health we can. Let’s try to drive prices down Affordable Care Act, put insurance insurance for the first time in her where we can. Let’s try to spend less, companies back in charge of people’s whole career. as a country, on health care where we health care, strip health care away I want my Republican colleagues to can. from millions of Americans, and raise listen to Joel. Joel is a physician from Those are not Democratic or Repub- premiums. It will take us from afford- Milwaukee. He is on the frontlines of lican ideals. It would seem to me that able coverage to chaos. delivering high quality health care, those values would have the virtue of This is the first step toward higher and he told me that he had witnessed being able to inform Democratic pieces costs, fewer people with health insur- tremendous good that has occurred as of legislation and Republican pieces of ance, and more uncertainty for Amer- a result of the health care law. He has legislation. But in 8 years, we haven’t ican families. In short, the Republicans been able to provide his patients with seen a plan. believe they have a mandate to make better care because they have in- Here we are tonight, talking about America sick. By repealing the law and creased coverage. He is especially repealing the protections that Colo- taking away the health care that fami- aware of the positive impact of allow- radans are counting on every single lies already have, Republicans are forcing children to stay on their parents’ day for their peace of mind and so they ing 30 million Americans to lose their health plans until age 26. can plan for the sake of putting noth- insurance. But Joel remembers the days before ing in its place. It reminds me—and, Republicans are putting the health the Affordable Care Act. He said that colleagues, I will close with this—of care coverage of over 200,000 Wisconsin- he has seen firsthand the insurance the complaints that I have had in my ites at risk, and they are raising taxes companies callously denying or drop- office and as I travel the State of Colo- on more than 190,000 Wisconsinites who ping coverage for families with pre- rado, where people say: Michael, we rely on and receive premium tax cred- existing conditions or those struggling paid into our health insurance com- its to help them afford high quality with a new diagnosis. He doesn’t want pany. Month after month after month, health insurance. to go back to the days when insurance we paid our premiums. Then, when my Instead, they are giving tax breaks to companies were in charge and literally kid got sick and I called them up, their big corporations and handing over con- dictated his patients’ health. response was to keep me on the phone trol to the insurance companies, which I want my Republican colleagues to as long as possible without an answer will be free, once again, to deny cov- listen to Chelsea from Shelby, WI. in the hope that I would give up and go erage if you have a preexisting condi- When Chelsea was pregnant with her home and that the claim wouldn’t have tion, to jack up premiums simply be- daughter Zoe, she learned that Zoe to be paid. cause you are a woman, and to drop would be born with a congenital heart To be honest, colleagues, I have your coverage if you get sick or have a defect. At just 5 days old, Zoe had to heard that before we passed the Afford- baby. have open heart surgery. She had it at able Care Act, and I have heard that I could continue to list some very Children’s Hospital in Wauwatosa, WI, since we have passed the Affordable disturbing facts and statistics of what and was fighting for her life. Thank- Care Act. We have more to do. That is this Republican repeal of health care fully, she is recovering, and she is liv- the honest thing to say here. reform will do to our working class and ing a healthy life. But for us to talk about repealing what it will mean to rip away protec- Chelsea wrote to me: this, taking away the benefits that tions from families struggling with The Affordable Care Act protects my people have, the protections that peo- cancer or other serious illnesses, but daughter, it allows her to have health care ple have, the security and peace of these facts seem to fall flat on the access and not be denied. I’m pleading to you mind that people have, and replacing it other side of the aisle. So, instead, I as a mother to fight for that and follow with the equivalent of leaving the am demanding that my Republican col- through on that promise. There are so many American people on hold so they will leagues listen—not to me but to the kids in Wisconsin with heart defects (as well as other kids with pre-existing conditions) give up, so they will move on to the calls from the real people who we are that are counting on you to protect that next thing is beneath the dignity of here to represent and fight for, our right. this place and is not worthy of the constituents back home. So for Zoe, I want to call on my Re- Members of the Senate. I demand that they listen to Randy. publican colleagues to stand with me— I want to close by saying what I have Randy is from Rhinelander, WI. Randy with all of us—to protect these health always said. I will work with any- told me that the Affordable Care Act care rights and benefits for all of our body—Democrat or Republican—to has been a ‘‘savior’’ for his wife, who families. make sure that we really do have af- was diagnosed with kidney failure These are our families who are bene- fordable health care in this country for more than 2 years ago as a result of an fitting right now from the protections the American people, for the people autoimmune disease. She has to have in the law and the quality, affordable whom I represent in Colorado, and I dialysis three times a week. health care options it provides. They look forward to our getting to a place The law eliminated her lifetime max- are calling on Congress, calling on the where that is the politics we are pur- imum limit, and that helps them afford Republican majority to stop their plot suing in this Chamber, instead of the her lifesaving care, and it prevents her that is going to take this all away. politics we have seen over the past from being denied coverage because of I could continue to share stories of number of years. her preexisting condition. real Wisconsinites whose coverage is at With that, I yield the floor. Randy said that repealing the law risk today, but I want to take a mo- The PRESIDING OFFICER. The Sen- will force them to face the harsh re- ment to illustrate what life was like ator from Wisconsin. ality of not only losing insurance but before the Affordable Care Act was the Ms. BALDWIN. Mr. President, I rise also declaring bankruptcy. law of the land, before these sweeping this evening to join my colleagues— I also heard from Sheila, from reforms and protections had been put Democrats, Independents—to fight to- Neenah, WI. Sheila is a small business in place. gether to protect the health and eco- owner who relies on the premium tax Now, during my time in the House of nomic security of the American people. credits that helped her purchase her Representatives, Sue from Beloit, WI, In 2012, when I was elected to the health plan through the marketplace. reached out to me. She told me: Senate, I can assure you that the peo- She writes: My husband was diagnosed with lung can- ple of Wisconsin did not send me here I just wanted to let you know how dev- cer. After treatment began, we found out to take their health care away. astating it will be for my family if the Af- that the insurance company had a small We are barely into the second week fordable Care Act is repealed. To take away loophole. Under our insurance, they have a the subsidies would pretty much turn the of the new Congress, and the Repub- $13,000 limit per year on radiation and chem- plan into the Unaffordable Care Act. lican establishment is already wielding otherapy. its power to accomplish just one thing, Sheila has owned a small hair salon That amount did not even cover the first making America sick again. for 35 years and said that the premium treatment of either radiation or chemo.

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.056 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S171 I was not going to have my husband die for to fight for Sue who was forced into make health care unaffordable to lower lack of treatment, so we started to use our medical bankruptcy. I call on them to and middle-income Americans. They savings and our available credit to pay for fight to protect Zoe from predatory in- are afraid of an unforeseen emergency medical expenses. surance companies who want to deny wiping them out financially, driving My husband later died. her coverage because of her heart con- them into bankruptcy. She told me: dition, to fight for Sheila and other en- Our seniors are afraid as well. They After having completely depleted our sav- trepreneurs like her, and to fight for remember the situation that existed ings and facing insurmountable credit card our health care professionals, nurse’s before they reached 65 or if they had debt, I had no choice but to file bankruptcy. health care needs and didn’t have in- ... aides, occupational therapists, physical therapists like Joel, and to fight for surance, they had to wrestle between Sue’s devastating ordeal was a com- Randy and his wife as they battle her paying for their prescriptions or paying mon story all across our country, al- kidney failure. their heating bills. They don’t want to most 8 years ago, before health care re- We have been ready for over 6 years be in that position again. They know form was enacted to prohibit lifetime to work together to keep all that how much progress we have made by caps and to restrict annual limits on works with the Affordable Care Act filling the doughnut hole that paid for care. and to fix what doesn’t, but instead of prescriptions throughout the con- Before the health law, I heard from working on bipartisan reforms to im- tinuum, and they don’t want us to go too many working Wisconsin families prove the Affordable Care Act, this Re- backward. that went bankrupt, sold their homes, publican plan to repeal historic health From so many different directions, and even spent their entire life’s sav- care reforms will create nothing short Americans are terrified of the Repub- ings just to get the health care that of chaos. I know I speak for my col- lican repeal-and-run strategy threat- they needed. This was when America leagues, my Democratic colleagues and ening to do harm to their lives. How do was sick and when lawmakers Independent colleagues, in saying that I know this? I know this because they prioritized the health of insurance we are here and we will stay here on are writing to me and to my col- companies over the health of the Amer- the floor because we are ready. We are leagues, and we are sharing those sto- ican people. Republicans will take us ready to work across the aisle to pro- ries tonight. back to those days when they vote to tect coverage and to improve the Af- The letter I have from a young make America sick again. fordable Care Act, but we will not help woman in Portland starts out: I want to share one last story about you make America sick again and we I must implore you to protect the ACA. Its life before the Affordable Care Act, and will not help you take away people’s existence saves the lives of millions, includ- that is my own. As many of you may health care. ing mine. I was born in full renal failure. I know, I was raised by my maternal I yield the floor. currently maintain Stage 3 renal function with the help of prescription medication. If I grandparents in Madison, WI. When I The PRESIDING OFFICER (Mr. KEN- am unable to afford my medication, I will was just 9 years old, I was diagnosed NEDY). The Senator from Oregon. with a serious childhood illness similar enter end-stage renal function, i.e., kidney Mr. MERKLEY. Mr. President, the failure. I will die. to spinal meningitis, and I spent 3 Hippocratic Oath that guides health She ended her message by saying: months at the age of 9 years old in the care practitioners begins with these hospital. My grandparents had health powerful words: ‘‘First, do no harm.’’ I am so scared. . . . I am only 26, I have so much more to do. insurance but learned that their plan This is certainly good guidance for our didn’t cover me. Since their insurance doctors and other health care practi- Cameron of Beaver Creek writes: didn’t cover me, they made incredible tioners, but isn’t it good guidance also My wife and daughter both have chronic sacrifices to pay for the care that I for those who are in the realm of health conditions, and the ACA has allowed needed. When I got better, my grand- us to have them covered by health insurance health care policy, for those who are despite having preexisting conditions. If the parents did what any responsible par- health care policy practitioners, as ACA is repealed, we will lose this protection ent or grandparent would do: They well as the doctors themselves? ‘‘First, and I don’t know how we could afford to pay looked for an insurance policy that do no harm.’’ for their medical costs directly. would cover me into the future, but Those powerful first words of the Lisa in Wilsonville wrote to me about look as they might, they discovered Hippocratic Oath, very relevant to this the impact that repealing the ACA will that because of my previous illness, discussion, are being ignored by my have on her special needs daughter. they couldn’t find a policy. They colleagues across the aisle, by the Re- Lisa says: ‘‘If the ACA is repealed, we couldn’t find it from any insurer at any publicans who have come to power and lose funding that directly impacts her price, and at 9 years old I had been said: We are going to dismantle health programs, her respite care, her Med- branded with those magic words: pre- care across this Nation for millions of icaid, and I will no longer get support existing condition. Americans, and we don’t know what we to take care of my daughter.’’ Well, thanks to the Affordable Care are going to do next. We are going to Just before Christmas I got a mes- Act, children today have new protec- repeal this plan, and we are going to sage from Nick in Portland. Nick wrote tions, and no one can be denied insur- run away, and in a few years we might to share his story of a recent medical ance coverage because of a preexisting figure out how to replace these health emergency that threatened his life. He condition. My family experience helped care provisions. This is an irresponsible said: inspire me to enter public service and perspective. We hold in our hands the Without notice this past March, my heart to fight to ensure that every American health care challenges of America, and suffered a debilitating viral infection which has quality, affordable health care as a to repeal and run will do a tremendous resulted in congestive heart failure. As right, not a privilege. This is what I amount of harm. things stand, I require a new heart, and fought for and will continue to fight The irresponsibility of it is terrifying await that occurrence with patience and re- with my colleagues to protect, these families across America. They are solve. Thanks to the ACA, I was able to pur- vital benefits that the health care law scared of what the future holds, of the chase health insurance the month prior to guarantees to all Wisconsinites and uncertainty that awaits them under that diagnosis. Without it, I don’t know how I could have paid for my initial three-week families across this great country. this strategy of making America sick hospitalization. . . . Without it, my ability But we cannot fight alone. Repub- again. Folks are afraid that if they to obtain a replacement organ would be un- licans are hard at work making Amer- have ever been sick or injured they will certain. And without it, I envision a bank- ica sick again, taking us back from af- soon be denied coverage because they ruptcy filing as the only viable financial op- fordable care to chaos, handing over have a preexisting condition. They are tion. the reins to insurance companies and afraid that they may be one of the Those individuals are writing about driving up health care costs for all more than 20 million Americans who their challenges as patients, but doc- Americans. I call on them to stand ac- will lose insurance, having gained in- tors are also writing to share their ob- countable to our families. It is the surance and access to affordable qual- servations as folks who see hundreds of American people that we are charged ity health care through the ACA. They patients in the course of a year. to represent. I call on them to join us are scared that premium hikes will Meg writes:

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.057 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S172 CONGRESSIONAL RECORD — SENATE January 9, 2017 I have practiced both before and after the these individuals are on the frontline, find constructive fixes to this Afford- Affordable Care Act, and witness the sense of and health care is essential to their able Care Act that could win bipartisan hope and relief the expansion of Medicaid in quality of life, not just in America but support, instead of finding new ways to Oregon brought to my patients who are fac- in any location on this globe. invest in infrastructure or strengthen ing serious illnesses. We have been able to participate in community and state level in- There is enormous stress connected American manufacturing or coming to- novations to help transform health care de- with a faulty health care system, and gether to respond to the Russian at- livery, lowering costs, improving outcomes, what we have achieved with the Afford- tack on American democracy or even and making people’s lives better. able Care Act is peace of mind for mil- waiting a week to take this upcoming Isn’t that what we should be about? lions of Americans—peace of mind that vote so we Senators can give our full Not a strategy of doing harm to mil- there will be the care in place when focus to vetting the President-elect’s lions of Americans but a strategy to they need it, that they will be able to Cabinet nominees, instead of pursuing make these people’s lives better. afford it and they won’t be bankrupt, any of these priorities, it seems we are A physician from Roseburg, a hand that their loved ones will be able to once again spending—even wasting— surgeon, wrote about the challenges have their health care challenges ad- the American people’s time to fulfill a that he and his wife face, the serious dressed. misguided and, in my view, mean-spir- medical challenges, and says: Folks used to come to my townhalls ited promise to repeal the Affordable Care Act at all costs, without a clear Prior to the Affordable Care Act, we were and say: Senator, I am just trying to uninsurable due to these preexisting condi- stay alive till I reach 65 because I have plan to replace it. Sadly, in that sense, tions. It seems clear that the ACA will be re- a preexisting condition and I can’t get nothing has changed since I first came pealed, and we, among millions of other medical care. Can you imagine the here in 2010, not so for the American Americans, will again be uninsurable. This stress involved with that? Folks would people, as plenty has changed for them will not simply be a matter of insurance say: I would love to get insurance and and for my home State of Delaware. being expensive; it will be a matter of the in- address the health care issues I have, More than 20 million Americans now surance not being available at any cost. but I can’t because I can’t afford it. have gained access to high-quality And he continues: And now they can afford it because of health insurance across our whole So I am pleading to you to enact legisla- the subsidies provided through the country, including 38,000 more Dela- tion prohibiting insurers from denying the ACA. wareans. Now, 38,000 is not a big num- ability to sell policies to individuals with There was a woman who came up to ber of people, but in my little State of prior medical conditions. The health of mil- me at a multiple sclerosis fundraising 900,000, 38,000 more people who couldn’t lions of Americans rests on your shoulders. march and she said: Senator, things are get access to health insurance before And I might add that the health of so different this year. and can now is a big deal. Across the millions of Americans rests on the de- I said: What do you mean? What has whole country, the rate of uninsured bate and the discussion and the deci- changed? Americans is at a record low of just 11 sion of the U.S. Senate. She said: A year ago, in the MS com- percent, and in Delaware fewer than 8 Angela, another doctor in Portland, munity, if you got a diagnosis and you percent, and this is well down below wrote about her work with the LGBTQ didn’t have insurance, you wouldn’t be pre-ACA levels. community, saying: able to get insurance because you had Let me focus on what I think is the The loss of the affordable care act will be a preexisting condition. biggest, broadest, and most important devastating to my community. We have only She said: If you did have insurance, it benefit of the Affordable Care Act, not just won the right for patients to access is a mysterious and expensive disease, just those tens of thousands in my medical care, hormones and surgery in the and because of annual limits or life- State who have gotten coverage on the last year. I have seen a great improvement exchanges, but in my little State of in my patients’ well-being and mental health time limits, you would probably run over the last year with these new privileges. out of health care. Now we have the 900,000, 560,000 Delawareans get their With the loss of the affordable care act many peace of mind to know our loved ones health insurance through their em- of my patients will be devastated. There is a will get the care they need. ployer, as the vast majority of Ameri- 50 percent suicide rate in the transgender That is what we are fighting for—to cans do. For those half a million or community already. Please help me prevent first do no harm and, second, make life more Delawareans, they have gained any further suicides by protecting the afford- better for millions of Americans. Let’s lifetime improvements to the quality able care act. come together and defend these mas- of the health insurance they have There is message after message after sive advances that we have achieved through the ACA: no discrimination message saying ‘‘first, do no harm.’’ over the last few years and not destroy against preexisting conditions, young That means we as a body need to come it with this reckless, irresponsible re- people can stay on their parents’ together and move away from this peal-and-run strategy. health insurance until they turn 26, reckless repeal-and-run strategy being Thank you, Mr. President. free preventive care, no lifetime limits proposed by the Republicans. People The PRESIDING OFFICER. The Sen- on coverage and recovery, and a re- are writing to express their fears and ator from Delaware. quirement that insurance companies frustrations and they are calling on us Mr. COONS. Mr. President, I rise to spend 80 cents of every dollar on health to do the right thing—folks like Meg join my colleagues in raising the alarm care versus overhead. These five key and Nick and Cameron and Lisa and about the possible impact for all of us consumer protections have been the Douglas. Their lives are better because in America and, in particular, for my center of the best of what the Afford- we enacted the Affordable Care Act. constituents in my home State of Dela- able Care Act has delivered to Dela- These folks are writing because they ware should we indeed as a body pro- wareans and Americans. Americans no are among the millions of people who ceed with barreling forward and repeal- longer have to make the phone calls are affected by the changes in this ing the Affordable Care Act without a they used to make to their Senators, law—the millions who gained insurance plan to replace it, as seems to be the their Congressmen, their local rep- coverage because of the law or they are intention of the majority. resentatives, pleading that they could among those who gained coverage be- When I was first elected to the Sen- somehow find access to quality and af- cause of the extension of Medicaid or ate back in 2010, the Affordable Care fordable coverage. These reforms have they gained coverage because tax cred- Act wasn’t even a year old. Yet Repub- made a real and tangible impact on its made health care affordable to licans were already trying to repeal it, Americans across the country. lower and middle-income families or without offering any comprehensive I have also come to this floor, on a they are among the 27 million Ameri- plan with which to replace it. Now, number of occasions over many years, cans who live with preexisting condi- more than 6 years and 60 repeal at- and recognized the challenges of the tions who couldn’t get insurance on the tempts later, it is truly disheartening Affordable Care Act, the ways in my private market or they are among to see that when it comes to plans for home State that it has fallen short of those who lost coverage because of an- the American health care system, our hopes and goals when it was ini- nual or lifetime limits before the ACA. seemingly nothing has changed. In- tially passed, and I have offered, with These stories are powerful because stead of working across the aisle to an open hand, to work across the aisle

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.060 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S173 to find vehicles to repair and improve cause her cancer is no longer consid- was signed into law, that the ACA is elements of it that haven’t worked as ered a preexisting condition. Will her not perfect. I have talked to small had been hoped. ability to access affordable, quality businesses that want to offer health in- Before I turn to that, though, let us health care be repealed? surance for their employees but have focus for a few minutes on hearing the There is Sue from Frankford, DE, struggled to find affordable options in stories of Delawareans who have whose husband got sick a decade ago— Delaware. I have met plenty of Dela- reached out to me because at the end of desperately sick—and hasn’t been able wareans whose deductibles or pre- the day, my passionate defense of the to work since. They are retired but not miums are higher than they would like Affordable Care Act is rooted in indi- quite eligible for Medicare. Yet, despite to see, and I have heard from econo- viduals I have met and heard from, peo- his illness, they have been able to find mists and budget forecasters who know ple whose lives have been changed by coverage now on the individual mar- our country’s fiscal health depends on access to quality, affordable, accessible ket. Will repeal of the Affordable Care doing even more to control health care health care. Act deny Sue and her husband access costs. As Republicans move us forward to a to quality health insurance? That is exactly why 2 years ago I repeal vote, it is my hope that they There is Carla from Odessa, DE, came to this floor with a simple, com- will listen to these and other stories whose son was able to stay on her monsense request of my Republican and think about what possible alter- health insurance when his employer colleagues: work with us to make the native pathway there might be that didn’t cover it. Not only that, but Affordable Care Act better. A col- would save the opportunity for them to Carla’s sister—a self-employed gar- league, a physician from the State of have access to decent, quality health dener with a 40-year history of insulin- Louisiana, happened to be listening care. dependent diabetes, also known as a that day, and we have had a number of I grew up in this tiny town of about preexisting condition, was able to get constructive and positive conversa- 1,500 called Hockessin, DE, and Nicole health insurance when she tragically tions since. Sadly, despite many at- is also from Hockessin. She reached divorced at age 63 and lost coverage tempts over many years, I so far have out to me to tell me her 2-year-old through her husband’s employer. been unable to find a Republican part- daughter has cystic fibrosis. She There is Matthew from Wilmington, ner willing to actually cosponsor spends at least an hour every day ad- whose son was diagnosed with brain meaningful, constructive fixes to the ministering her daughter’s breathing cancer. The year before his son’s diag- law. treatments and at least $5,000 a month. nosis, Matthew and his family were on In my view, and as I said 2 years ago, Her medications aren’t cheap. Nicole is a non-ACA-compliant health insurance no conversation about the Affordable confident that without the Affordable plan. As Matthew wrote me, ‘‘Our fam- Care Act and how to improve it can be Care Act, she would have exceeded her ily was all young and healthy, and we complete without reconciling the re- annual cap on medical expenses well thought this plan was right for us. ality of the millions of Americans it before the end of each year. Then, my 11-year-old got sick right out has helped and the many others for Nicole makes it pretty clear to me of the blue. It can happen to anyone at whom it has fallen short. that without the consumer protections any time.’’ I have sought to address the afford- put in place by so-called ObamaCare— Matthew is right. Illness can strike ability of health care coverage for all the ACA—she would have one of three any one of us at any time—and not just families. I have cosponsored bills to in- choices, choices tragically faced by the flu, not just a cold, but tragic, ex- crease tax credits to make it more af- many Delawareans and Americans be- pensive, terminal illnesses can strike fordable for small businesses, looked fore the Affordable Care Act. One, hope any family in America at any time. for ways to make sure there is more she somehow qualifies for Medicaid, Just listen to the story of Kerry from competition in the marketplace, espe- which she probably doesn’t because she Wilmington, DE, a massage therapist cially in small States like Delaware, is hard-working enough and successful who considers the Affordable Care Act, and pursued commonsense regulatory enough that her income makes her in- as she puts it, ‘‘nothing short of mirac- reforms and cost-containment efforts eligible for Medicaid. Option No. 2, go ulous.’’ Here is why. Kerry signed up to further slow the growth in health into deep debt to pay for her daughter’s for health insurance in 2014 thanks to care costs. For years, my colleagues needed and lifesaving treatment. Op- the subsidies, the tax credits provided and I have asked our Republican tion No. 3, stop giving her daughter through the Affordable Care Act. She friends to put aside their rhetoric and some of the medication she depends on had long had nagging abdominal and focus on pursuing bipartisan fixes like and just hope and pray that she will lower back pain. She didn’t think much these. not suffer needlessly. That is all as- of it considering she had no family his- Today, the bottom line is still this: I suming that her daughter’s cystic fi- tory of terrible diseases and had never know the Affordable Care Act has brosis was not a preexisting condition, even had a stitch before. Fast forward helped millions of Americans just like preventing her from getting any insur- to January of 2015, when a routine di- the Delawareans whose stories I have ance at all. agnostic procedure covered by her new read. Kerry, Carla, Matthew, Sue, and Let me review that because Nicole’s health insurance revealed that Kerry Kim today live healthier, safer, and story starkly outlines the reality that had stage III colon cancer. She had sur- more secure lives. millions of Americans could face if we gery a week later, followed by 6 Let’s take a look at the alternative. continue barreling down this misguided months of chemotherapy, and ended up There is no single proposed plan. There path of repealing the Affordable Care facing no out-of-pocket expenses be- are dozens of bills in the House and Act wholesale without coming together sides her annual deductible. Kerry’s Senate that would do lots of different around a plan for replacement. That re- cancer has now been in remission since things, but it would be very hard to ality for so many sick Americans or September of 2015, and as she writes, predict with precision what the alter- Americans with sick children is this: ‘‘The ACA came along at the last pos- native really is. We know what repeal First, hope you don’t get sick. If that sible moment to save my life. I am cer- will do. As of today, the alternative— fails and you don’t qualify for some tain that without it, I would have just let’s call it TrumpCare—is nothing other form of government assistance, continued to live and work with the more than a wholesale repeal with no either go into debt or try to get by discomfort and try to self-treat until clear plan to replace. without health care. That is it. That is the cancer was so advanced it could not TrumpCare, a simple repeal, by one what it was before the Affordable Care have been successfully treated.’’ estimate would kick 26 million Ameri- Act, and following its repeal, that may I have many more, but stories like cans—more than 50,000 Delawareans— sadly be what it is again. Kerry’s and Matthew’s and Carla’s and off their health insurance. Even for Over the last few weeks, I have heard Sue’s and Kim’s have been pouring into those who don’t lose their insurance, many other stories, and I will cover a the inboxes of my colleagues in States those hundreds of thousands of Dela- few quickly, if I may. Kim, from Wil- around the country. wareans who get their insurance mington, DE, is a thyroid cancer sur- My Democratic colleagues and I through their employer, it would be vivor who was able to get insurance be- know, and have known since the day it much lower quality because it would

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.063 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S174 CONGRESSIONAL RECORD — SENATE January 9, 2017 remove all the consumer protections sion. So because I had a free checkup science? How can we sentence people to that we have all come to embrace. It and because it was on Wednesday night death? We are talking about bank- would give a nearly $350 billion tax cut and I didn’t have to miss any work, in ruptcies. We are talking about all the to the wealthiest 1 percent of our coun- late January or early February of 1974, kinds of stories we have heard. They try and a nearly $250 billion tax cut to I went in for a checkup—the first one I are all valid. They are all important. big corporations. While tax cuts have had had in 8 or 9 years. Everything But for me, this is personal. This is their day and their reason, pushing looked fine. As I was putting my shirt about life itself. It is about our ethics, aside all of that revenue with no plan back on, the doctor said: Well, you our morality, and our obligation to our for how to replace the Affordable Care have a mole on your back, ANGUS, and fellow citizens. Act and how to pay for it will become I think you ought to keep an eye on it. Like all the other speakers, I know a desperate and dangerous move. That night, I went home and men- there are lots of problems with the Af- TrumpCare, a simple repeal of the Af- tioned it to my wife. The next morn- fordable Care Act. I wasn’t here when fordable Care Act, would cut 3 million ing, she said: I don’t like the looks of it passed. It isn’t exactly the way I jobs and trigger negative economic im- that thing. Let’s have it taken off. would have worked on it or written it. pacts well beyond the health care sec- I went back in the following Wednes- I am ready to sit down with anybody tor by creating profound uncertainty. day night because they had Wednesday who wants to talk about finding a solu- Lastly, it would burden State and local night hours and I didn’t have to take tion, but let’s not talk about the solu- governments, which would lose nearly off from work. I had coverage so I tion being ripping coverage away from $50 billion in tax revenue. didn’t have to worry about what it was people who desperately need it. It is That is the reality. Describing a re- going to cost me, and the mole was re- just wrong. peal of the Affordable Care Act as any- moved. When they called me to come I understand the political impulse. thing other than the injection of wild back in—I will never forget this mo- Folks on the other side of the aisle uncertainty into our daily lives, into ment as long as I live—the doctor said: have been talking about this for 6 the health insurance and health care ANGUS, I think you had better sit down. years, and, by golly, they are going to markets is just not square. That is the He told me that I had what was called repeal it and get rid of it, and people reality. Describing it any other way is malignant melanoma. cheer and all of that kind of thing. But political rhetoric, and that is, sadly, At the time, I didn’t know what it now it is real. This isn’t rhetoric any- what this debate is about. It is repeal meant. I thought it was simply a skin more. This isn’t a bumper sticker any- without replace. cancer. You hear about those all the more. This isn’t a rally anymore. This Matthew from Wilmington, whose 11- time. You have them taken off, and it is real people’s lives. year-old son was diagnosed unexpect- is no big deal. No, malignant mela- So let’s just slow down. If people edly with brain cancer, concluded his noma is one of the most virulent forms want to come up with a different solu- note to me with one last thought. He of cancer. One of its characteristics is tion, if they want to modify the cur- wrote of his son: ‘‘He’s my hero and I that it starts with a mole, but if you rent system, if they want to try to will fight for him and all others who don’t treat it, it then gets into your make changes that make it easier for continue to suffer similarly every system and goes somewhere else. If you small businesses and change the hours day.’’ don’t catch it in time, you will die. of work and the definition of full Thank you, Matthew. Thank you for I caught it in time. I had surgery. time—all of those things can be dis- sharing your story and continuing the They took out a big hunk of my back cussed. I don’t care who leads it. I fight. I promise you and all the Dela- in surgery and up under my arm. To don’t care whether we call it wareans who have reached out to me to this day, my shoulder is still numb TrumpCare, McConnellCare, or do my level best to stand with you and from that surgery, but here I am. RyanCare. We can call it whatever we fight for you every step of the way It has haunted me since that day want, but the fundamental principle every day until we find a better path that I was treated and my life saved be- here is that health insurance is a life together. cause I had health insurance. I know to or death matter, and we should honor I yield the floor. a certainty that had I not had that cov- The PRESIDING OFFICER. The Sen- the commitment that has been made to erage, had I not had that free checkup, ator from Maine. those millions of people—including Mr. KING. Mr. President, my col- I would not be here today. It has al- over 80,000 people in Maine—who have leagues have spoken tonight eloquently ways stayed with me that somewhere taken advantage of this program, many about a number of consequences that in America that week, that month, of whom have never had health care be- would follow from the repeal of the Af- that year, there was a young man or a fore, many of whom have had tragic fordable Care Act: increasing drug young woman who had a mole on their stories that we have heard all night costs for seniors, a devastating impact arm or their back or their neck, about children born with birth defects on rural hospitals, elimination of con- couldn’t do anything about it, didn’t or children that had some disease at a sumer protection in everybody’s health really think about it, didn’t do any- young age or an adult who, as we just insurance—not just those on the Af- thing about it until it was too late, and heard a few minutes ago, finds they fordable Care Act—and limitations on they are gone. And I am here. I don’t had cancer and if they hadn’t had the mental health coverage and substance know why I was saved. Maybe I was coverage and gone in, they wouldn’t be abuse. All of those issues have been saved in order to be here tonight. But here. presented eloquently and passionately. for the life of me, I cannot figure out This isn’t politics. This is people’s I want to do something a little dif- why anyone would want to take health lives. I can’t believe that the good peo- ferent. This isn’t easy for me, but I insurance away from millions of people that I know in this body on both want to tell my own story and why I ple. It is a death sentence for some sig- sides of the aisle can’t figure out a way feel so strongly about the issue of nificant percentage of those people. to say: Let’s slow down. Let’s slow health insurance for all of our people. In 2009, the American Journal of Pub- down and talk about how to fix it, how Forty-three years ago—I think it was lic Health did a study—a comprehen- to change it, how to replace it. But put just about this week—I was a young sive study. What they concluded was that before repeal because once repeal staff member here in the Senate. I was that for every million people who are occurs, there are all kinds of bad re- a junior staff member who was covered uninsured, you can predict about 1,000 sults, even if they are grandfathered. by health insurance provided by my premature unnecessary deaths. So the People say we are going to repeal and employer, the U.S. Senate. I paid a math is pretty simple. Right now, we delay. That is repeal and chaos. The in- share, and the Senate paid a share. The are talking about over 20 million peo- surance industry is going to start to health insurance that I had, as part of ple who have been afforded health in- pull back. The health care industry is it, had free preventive care—exactly surance, either through the exchanges going to say: Well, we don’t know what like that required by the Affordable or through the expansion of Medicaid, the situation is going to be. We are Care Act. who didn’t have it before. If we take going to have to slow down. We are The other thing the plan I chose had that away, that is 22,000 deaths a year. going to stop hiring. We are going to was a Wednesday night doctor’s ses- How can we do that with good con- lay people off.

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.065 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S175 All those changes are going to start fordable health care. It is about defend- the majority leader and our Republican happening right away. They can’t be ing a health care system that has been colleagues on the floor these past few prevented. To tell people don’t worry, made fairer, more generous, more ac- weeks. They used quotes from Presi- we are going to cover you—that is cessible, and more affordable for the dent Obama saying the law could use cruel. I don’t think my colleagues in- American family. It is about men and improvements as proof that it is fail- tend to be cruel. There is not a mean- women and children whose stories we ing. spirited person in this body. We just have heard tonight from Member after That doesn’t hold up. Go look at the have a different view of how to achieve Member, one part of the country to the full quotes. No one ever said the law these results. But the fundamental re- other, and their lives have been would be perfect. We all know it could sults should be people have health in- changed. In many cases, their lives use some fixes. I, for one, am for a pub- surance so they don’t have to risk their have been saved by health care reform. lic option—we nearly had it in 2009—to lives every day and live under that That is why Democrats have held the increase competition in marketplaces threat. That is what this discussion is floor tonight. Though the hours have where there is still too little. But scrap all about. That is why I am here. waned on, we will fight this repeal with the whole thing and go back, back to a I view this as much more than a po- every fiber of our being. We will not go chaotic marketplace, inconsistent cov- litical issue. I understand the dif- gently into that good night. erage, skyrocketing premiums? No ferences, I understand the history, and The history of health care reform has way. Back to 40 million uninsured I understand the politics of it, but I been cast and recast by both parties, Americans, back to discriminating just think that now that it is real, let’s but there is a truth to be told amidst a against women and Americans with slow down and find another way to lot of fiction. Here is a truth. Before preexisting conditions? No way. solve this problem that protects the the Affordable Care Act, our health Democrats don’t want to make gains that have been made and sands care system was a mess. Health care America sick again. We don’t want to off the rough edges of the law but al- costs were growing at a rate much fast- repeal the largest expansion of Afford- lows us to protect the fundamental er than they are today, eating into able Health Care since Medicare and idea of helping people to find health in- workers’ paychecks, dissuading them Medicaid and leave chaos in its wake— surance they can afford and keep them from taking risks and changing jobs chaos instead of affordable care. That from being denied health insurance for lest they lose good coverage. A debili- is what the Republican plan would do, reasons through no fault of their own. tating illness could wipe away a life- sure as I am here tonight. I think this is a moral and ethical time of hard-earned savings because in- This evening, as colleague after col- issue, and I go back and I feel so surers could put limits on how much league has come to the floor to de- strongly about this because of my own treatment they would cover. Women scribe how the ACA is helping their experience. I feel I owe it to that young were charged more for the same health constituents, helping nurses, helping man in 1974 who didn’t have insurance, care coverage. Many couldn’t get insur- rural hospitals, helping students, help- who didn’t have the checkup, who had ance if they had a preexisting condi- ing seniors, I hope my Republican melanoma, and who died. I have an ob- tion. Some insurance companies would friends may have listened to them. The ligation to that young man to see that simply delete you from the rolls if you American people certainly are. They doesn’t continue to happen in the got sick; in short, premiums spiraling have been watching this debate. We wealthiest, most developed society on up, spotty coverage, discriminatory have been talking to them on the Earth. practices, a marketplace out of bal- phones, and they will carefully con- This is something we have within our ance. I remember the days before sider the consequences of repealing this power to do. I deeply hope that we can health care reform, before ACA. Every- law, and I hope our Republican col- take a deep breath, back away from one was complaining about the system. leagues will—particularly without a this idea that we have to repeal, and This idea that everything was hunky- viable comprehensive replacement. talk about fundamental principles of dory and then ACA came in is fiction. With the close of this long night, I helping people to cope with this most I was involved. We knew health care make a simple plea to my Republican serious and personal of issues. reform would be difficult. It is a $3 tril- colleagues: Turn back. It is not too I have confidence in this body. I have lion industry with complicated rules late. You are already hearing the confidence in the good will of this body and procedures. The politics were ardu- grumblings from Members on the left and of the American people. If we can ous. For that reason, health care re- side of your caucus and the right side get away from talking about it in the form had bedeviled Congresses and of your caucus. abstract as a political issue, we can Presidents for decades. We knew in 2009 Well, they are starting to say, now talk about real people. That is what I that we had a rare opportunity and that you have some power here, you hope we can do over the next weeks that it was too important to let poli- are in the majority, maybe we and months, and I am convinced we can tics or lobbyists or special interests or shouldn’t repeal without replace, even come to a solution—not that will make fear stand in the way. though for 6 years you have been un- everybody happy but that will save In the past, Democrats were able to able to come up with a replacement. lives and make our country a better make progress on smaller slices of the The Republican Senators from place. overall pie. The CHIP program, my Maine, Arkansas, Tennessee, and Ken- I yield the floor. dear friend who is no longer here, Sen- tucky, former Senator Rick Santorum, The PRESIDING OFFICER. The ator Jay Rockefeller, championed it. even the President-elect says that Democratic leader. Getting generic prescription drugs on maybe we should replace and figure out Mr. SCHUMER. Mr. President, first, the market, I was involved in that, how to replace before we repeal, but let me thank my good friend from along with the Senator from Utah. with this vote, it would just repeal it. Maine for his usual eloquent remarks. Never, never was a Congress able to My simple advice to my Republican I thank my colleague from Con- pass a comprehensive package of re- colleagues is turn back. The health necticut, who is one of our great speak- forms to the health care system until care of Americans hang in the balance. ers and mainstays, who has let me the ACA—the greatest leap forward in Affordable care for every American sneak in ahead of him. So I will be American health care, certainly since hangs in the balance. If Republicans re- brief. the passage of Medicare and Medicaid. peal the ACA without a detailed com- My Democratic colleagues are hold- You can measure the results. The law prehensive plan to replace it, not a ing the floor tonight to demonstrate has helped bend the health care costs mere framework, not a set of prin- our solidarity and our commitment to curve down, insured more Americans ciples, not a bunch of small-ball poli- defending the Affordable Care Act. It is than any time in our Nation’s history cies cobbled together, they will create not just defending some abstract law. since we started measuring the unin- utter chaos, not affordable care. It is not about protecting President sured rate, all while providing higher It is not too late. Work with us Obama’s legacy or Democrats’ legacy. quality health care. Democrats. If you tell us tomorrow you It is about people. It is about the Is the act perfect? No, no one ever are giving up on repeal, we will work American people and their access to af- said it was. I have listened to my friend with you to improve it. We know there

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.066 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S176 CONGRESSIONAL RECORD — SENATE January 9, 2017 needs to be some improvements, but Affordable Care Act, with no replace- Finally, this is John. John is a hero don’t scrap the law, leaving all those in ment, with no plan for what comes in my book. John was born with cystic the lurch and then come to us and say: next, will hurt millions of real people fibrosis. John tells the story about how Now let’s fix it. in very real ways. In the end, I don’t health care is the most important You better have a replacement. believe that my Republican colleagues thing to him in the world. It is more Something you haven’t been able to do want to cast a vote that will do that. important than salary. It is more im- for 6 years. It is not too late. Work This tall guy right here is Josh portant than his job. It is more impor- with us Democrats on improving the Scussell. He lives in Connecticut. He is tant than friends. He struggles every law. Work with us on making it better. from Guilford. He is standing next to day to live. The only way he lives is Don’t scrap it and make America sick his bone marrow donor and her boy- that he is able to take medications again. Turn back before it is too late. friend. This is Josh’s wife. Josh was di- that allow him to continue to breathe It will damage your party. It will hurt agnosed with stage IV non-Hodgkin’s and that allow his lungs to continue to millions of Americans, far more impor- lymphoma in 2012. function amidst this crippling disease tantly, and hurt our great country. Here is what Josh says. He will tell and diagnosis. Mr. President, I yield the floor. you the unvarnished truth. Josh says: John is on the Affordable Care Act, The PRESIDING OFFICER. The Sen- ‘‘The ACA is entirely responsible for and John will tell you, just as plainly ator from Connecticut. me still being alive.’’ as Josh and Isabelle, that without the Mr. MURPHY. Mr. President, once He relapsed after an additional diag- Affordable Care Act, he would die—not again, congratulations on your elec- nosis before he turned 26, and the only 2 years from now, not 3 years from tion. I haven’t gotten a chance to talk way he was able to get insurance was now. John would die within a matter of with the Presiding Officer in detail because of the Affordable Care Act, weeks because without his medica- about his path to the U.S. Senate, but which allowed him to stay on his moth- tions, he cannot live. I have had a chance to talk to a lot of It is not hyperbole to suggest that er’s insurance up until he turned 26. my colleagues about how they got the absence of the Affordable Care Act During the course of his treatments, he here, and I think we can all agree it is is a matter of life and death. John will underwent stem cell transplants, which not often a real pleasant experience. tell you that without the Affordable could be up to $200,000 each. Because of You get your name dragged through Care Act, he doesn’t have insurance. those transplants, he needed ongoing the mud. You get called all sorts of Without insurance, he cannot afford weekly treatments at a cost of $10,000 names. You have to call lots of friends the medications to keep him alive. per treatment. and strangers and ask them for money. Without the medications to keep him He recalled how he was getting his It is no walk in the park to run for po- alive, John disappears from this Earth. first stem cell transplant and he was in litical office or to put your name out These are real people. I care about the hospital during the Supreme Court there and be the subject of both praise them because I know them, and I have and a lot of ridicule. deliberations on the Affordable Care had the chance to meet John and Isa- It is not surprising the reason that Act. He said, ‘‘I was in a hospital bed belle and Josh. But you have these peo- people do this. The reason that the 100 watching the TV, when the Supreme ple in your State as well. My Repub- of us have decided to run for office and Court approved the ACA, and just the lican colleagues have just as many of to put ourselves out there in the public feeling I had in my body was a feeling them. Some of the biggest numbers of spotlight is because we deeply care that I had never experienced before be- enrollment in the Affordable Care Act about our neighbors, about the people cause I knew that I was going to be aren’t in States represented by Demo- who live in our States. We are doing taken care of.’’ crats; they are in States represented by this job, to a man and woman, because Josh is in remission. In a few more Republicans. And this mythology that we want to make life better for people; years of being cancer-free, the doctors the Affordable Care Act hasn’t worked in particular, people who have been tell him he might be out of the woods. or that it is in some death spiral is just just thrown big curveballs by life. He says, ‘‘I’m more fearful for other political rhetoric. It is not true. I grew up in a pretty economically people in my position. . . . Because This is an AP fact check story from secure house, but I understand a lot of there’s no way I would have been able today, I believe. Here is the beginning kids don’t have that opportunity, and I to afford any of those treatments’’ if it of it. It says: feel like both Republicans and Demo- wasn’t for the Affordable Care Act. President-elect Donald Trump says that crats are here because we want to lift This little guy, his name is Rylan. President Barack Obama’s health care law those kids up. I have had a pretty This is his mother Isabelle. Rylan was ‘‘will fall of its own weight.’’ born with a congenital heart defect. House speaker Paul Ryan says the law is healthy life, a few bumps and bruises ‘‘in what the actuaries call a death spiral.’’ along the way, but I feel like both Re- One day he had to be rushed to Con- And Senate Majority Leader Mitch McCon- publicans and Democrats are here be- necticut Children’s Medical Center for nell says that ‘‘by nearly any measure, cause we get that other people aren’t emergency open-heart surgery to keep ObamaCare has failed.’’ as fortunate. They got sick. They got him alive. Isabelle says that she never The AP says: diagnosed with something terrible. Our really thought about health insurance. The problem with all these claims: They role should be to try to help get them She knew she had it, but she didn’t are exaggerated, if not downright false. some cures or some treatments. really think about it until Rylan went The Affordable Care Act has not We are here not because we think it for that emergency surgery. She failed for the 20 million Americans who is fun to run elections, we are not here thought: Oh, no, is our insurance going have insurance now because of it. The because we like the look of our name to cover it? Will they cover all the Affordable Care Act has not failed for on the door, we are here because we treatments he needs going forward now the millions more who are paying less care desperately about people. I think that he will have had a preexisting con- because insurance companies can no this is what Senator KING was getting dition? She found out that the Afford- longer discriminate against them if at in his remarks. All of the tabloids able Care Act protected her because it they have a preexisting condition. The and the TV news shows, they spend 80 eliminated a common practice of insur- Affordable Care Act has not failed for percent of their time focusing on poli- ance companies to cap the amount of seniors all across this country who are tics, and we end up chasing our tail off coverage you get in any one given year on Medicare and are paying less for in here because if the daily political or over the course of your lifetime. prescription drugs. rags and the cable news shows are talk- Isabelle tells it plainly. She says: There is no doubt that the Affordable ing about politics, then maybe we Without the Affordable Care Act, we would Care Act isn’t perfect. Medicare wasn’t should be talking and thinking about have never been able to afford the care for perfect when it was passed. We amend- politics as well, but that is not why we Rylan. We would have had to make awful de- ed it 18 different times. The Affordable decided to do this. We decided to run cisions—decisions about whether we kept our Care Act needs to be amended and per- for the Senate because we care about house, kept our car, whether we could still fected, as well, but if you really care people. afford to work. about people instead of political head- Why we are here tonight is pretty It was the Affordable Care Act that lines, then the prescription here is sim- simple. Ultimately, the repeal of the protected her and her family. ple: Stop. Take a step back. Don’t

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.073 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S177 lurch the entire health care economy are rushing forward with repeal. There rific in a few months or a few years, into chaos when you don’t have to. is an enthusiasm to this cruelty that is but they are also going to keep the I am pretty sure that Donald Trump hard to understand. stuff you like. is going to be President for the next 2 I hope that some of the Republicans Here is the first thing that everybody years. I am pretty sure that Repub- who just in the last 24 hours have across the country needs to know licans are going to control the Senate called for a delay in this debate are about this process. It is not on the and the House of Representatives for heard by Republican leadership. I know level. There is no way around it. This the next 24 months. You have time. that Democrats will continue to be on is just not on the level. Anybody who You don’t need to prove some point to this floor to make this case. I guess I has spent any time thinking about the political talk show hosts and the am still optimistic enough about what health care policy knows that covering conservative radio commentators. You is still a pretty broken town that, in people with preexisting conditions like can step back and rescue these real the end, my Republican friends aren’t cancer, mental illness, and diabetes is people from the fate that you are about so cold-hearted, aren’t so barbaric as to a popular thing to do. It is the right to subject them to by—instead of en- take away insurance from people like thing to do. People also know that the gaging in a partisan repeal with no re- those we have been talking about here only way to do that is to create a risk placement for what comes next—reach- today when there is an alternative, pool that includes healthy people. If ing out across the aisle and working when there is another way, when there you are going to insure folks, you can’t with Democrats to try to fix this law. is no political imperative to do this just be paying out for the expensive I have been here the last 6 years. I kind of damage to people right now. cases; you also have to be bringing in was part of the passage of this law I yield the floor. revenue and not paying out, so you when I was in the House of Representa- The PRESIDING OFFICER. The Sen- need young people in the risk pool. You tives. I have listened to my colleagues ator from Hawaii. need professionals in the risk pool. You say, literally tens of thousands of Mr. SCHATZ. Mr. President, I want need nonsick people in the risk pool. times in Washington and across the to thank the junior Senator from Con- That is how this all works. Everybody country, that their priority was to re- necticut for his leadership on ACA. understands that. peal and replace this law. I watched on Since we arrived in the Senate to- Everybody who is working on this in TV our President-elect say in response gether, he has been stalwart, not just good faith understands that you need to a question about the process for on the many benefits of ACA but spe- to create a risk pool in order to cover health care repeal going forward: cifically on mental health and the ben- more people. So they know that if they No, we are going to do it simultaneously efits and the destigmatization of men- eliminate the individual mandate, they [repeal and replace the law]. It’ll be just fine. tal health care in the context of ACA. eliminate the benefit, but they are We are not going to have, like, a two-day pe- It wasn’t so long ago that people stuck with a promise they made to re- riod and we are not going to have a two-year wouldn’t step up and say: I need help. I peal this law totally, root and branch— period where there is nothing. It will be re- need mental health care. But now I not to improve upon the law. pealed and replaced. think it is broadly accepted on both Just remember that it was an article There will not be a 2-day period in sides of the aisle, partly because of of faith that we couldn’t make even the between repeal and replace. And that is CHRIS MURPHY’s leadership, that men- most modest improvements to this law what I heard from my Republican col- tal health is health and that just as if at any point in the last 6 or 7 years; leagues: Put your vote where your you tweak your shoulder or need some- that if you did so, you ran afoul of Re- mouth has been because the alter- thing with your lungs or have a crick publican orthodoxy. It is not that they native is a death spiral. in your neck, if you have some mental wanted to fix the law. It is that they The Associated Press calls the health issues, you need to get them had told everybody it was so bad—part- mistruths out and says: No, the Afford- taken care of. ly because it was ObamaCare—that able Care Act is not in a death spiral. The plan to repeal the Affordable there was nothing good in it; there was But those same health care economists Care Act with no replacement reminds nothing worth preserving about the Af- who are quoted in that story will tell me of a car I used to have. It was an OK fordable Care Act. you that if you repeal this bill without car. I remember I bought it in 2006. It Now they are into repeal and replace. any replacement for what happens was a 2005, but it was new—one of those They are stuck with the promise they next, that is what creates the death in the back of the lot. I got it for $2,500 made to repeal this law totally, and spiral. Why? Because when you put a less than MSRP. It was a station they know people are about to be very, clock ticking on the life of the Afford- wagon. It was ugly. It was purple, and very angry because President Obama is able Care Act, then a couple of things I just sort of rode it into the ground. I the President only for another 10 days, happen. First, people who need some kept driving it. I didn’t take great care and people are not going to accept the procedure done rush into those ex- of it. I have gotten better about taking premise that we are going to rip health changes and they drive up the actu- care of my cars. At the time I just rode care out from under you, but don’t you arial cost, and insurers just look at it and rode it. The AC busted, and I hate health care because it is called themselves and say: Why would you didn’t fix it. There was a fender bender, ObamaCare? That is an argument that hang around for that? And they bolt. and I didn’t fix that. The car was OK. may have worked 3, 4, or 5 years ago, So the Affordable Care Act falls apart It needed some TLC, but it got me but with a new President-elect and a if you telegraph to people that you around. What if I had taken this car to new Congress, we have an obligation to have only 1 year or 2 years left. Jiffy Lube in Honolulu just to get a lit- have a better strategy than that. You don’t have to do this. You don’t tle tuneup and left it, and then I came Republicans do not have a replace- have to visit that kind of harm on real back an hour later and it had been dis- ment plan. If they had one, they would people. I know that is not why Repub- mantled? That is what the Republicans be adopting it shortly. It has been 7 licans ran for office. I know we have are doing with the Affordable Care Act. years. It has been 7 years, and we philosophical differences on how to get Instead of fixing what is wrong and haven’t seen any legislative language— health care to people, about how to in- keeping what is working, they are none. They have no plan at all for sure more people, but let us sit down going to destroy the American health American health care other than to and figure out a middle ground so we care system. cause immediate harm and to try to can save the lives of all these people I try very hard not to be too apoc- blame it on the law that they are re- who are relying on us. ryphal with my language. I try very pealing. What we are doing right now is ex- hard not to be too nasty and too par- There are only a few ways this could traordinary. This is absolutely extraor- tisan on this floor, but this is factual. end up. I will give you a couple of dinary. We were sworn in less than a They are going to destroy the Amer- them. First there could be the equiva- week ago. The new President has not ican health care system. That is what lent of a health care cliff, which is even been inaugurated. There isn’t repeal and replace is all about. They similar to what we have done with our even a conceptual plan for what will re- are going to remove a law from the fiscal situation where they have to pe- place the Affordable Care Act, and we books and come up with something ter- riodically shovel money at the problem

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.076 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S178 CONGRESSIONAL RECORD — SENATE January 9, 2017 and bail out the insurance companies. munities quicker than what is being vote to increase the national debt by What will happen is they are basically done this week by the Republicans. trillions of dollars and then still call eviscerating the revenue that provides I want to be really clear about how yourself a fiscal hawk. So we have a the subsidies for individuals, but they much harm is about to be done to rural choice in front of us. Do we build on are going to realize: Hey, these sub- communities, not just rural health the progress of the Affordable Care Act sidies are quite popular, but we just care providers, not just nurses and doc- or do we strip millions of Americans of eliminated the revenue. We don’t want tors and technicians and admins and their health care coverage, leave those to increase taxes so let’s borrow money janitors and everybody who works at with preexisting conditions out in the and keep shoveling money at the insur- those rural hospitals. cold, and raise the national debt? ance companies or they may make That is important because in a lot of We know ACA has its flaws. No one minor reforms in the ACA and call it a instances, that is the economic driver ever said it was perfect. Let us be replacement. That would be great. I do of a small town. It is also about, people clear. Every major piece of legislation, not see that they are on this path right start to make choices with their own every signature piece of legislation now or they are really going to repeal life and with their own planning, espe- that this body has ever passed has been the law and take health care coverage cially as they get older, and they think flawed in some way. What do we do away from millions of Americans. This to themselves: How do I stay close to when we are a functioning world’s is completely irresponsible. health care? If that rural hospital goes greatest deliberative body? We iterate So what happens when they repeal away, that rural town goes away. it. We work on a bipartisan basis to fix ACA? Twenty-two million people will We have seen it in Hawaii. That is it. That is what we should do. have their health care coverage ripped why we fight for Molokai Community The benefits of ACA are undeniable. away from them, more than 22 million Hospital. That is why we fight for That is what we should be debating, men, women, and children. For those of Lanai Community Hospital. That is improvements to the ACA, not an im- you who still have coverage, I want why we fight for Waianae Coast Com- plosion. So let’s keep our eye on the you to know that this impacts you too. prehensive Treatment Center. That is ball and remember what our common If you have a preexisting condition as why everybody fights so hard for their goal is: giving every American the op- common as diabetes or high blood pres- community rural hospitals—because it portunity to get quality, affordable sure or mental health issues or cancer is the center of a community, not just health care they deserve. or Crohn’s disease or Lupus or in a lot economically, but without it, you basi- I yield the floor. of instances pregnancy is a preexisting cally have no community. The PRESIDING OFFICER (Mr. condition, you are not going to be able All of this will cause the entire insur- SASSE). The Senator from New Jersey. to keep your coverage. ance market to unravel, raising costs Mr. BOOKER. Mr. President, the If you are a woman, you are likely for everyone. This means families are hour is late, even though you look like going to lose access to preventive going to pay more for prescription you have a lot of work there to do, sir. health care services like birth control. drugs, pay more on their premiums, I think I am going to be merciful and If you live in a rural area—everybody and pay more for out-of-pocket costs. keep this short. I want to thank the in rural America should understand So if the Republicans are still Senator from Hawaii, the senior Sen- this. unfazed by the health impacts of the ator from Hawaii, for his remarks. There is this thought that there are repeal I just outlined, and have been I just want to wrap up. We have had rural States and nonrural States. outlining for the last 4 or 5 hours, over multiple speakers now driving home a Every State is both a rural State and a the last 3 or 4 days, there is another number of points. Two of them I just nonrural State. I know the Presiding reason to be extremely cautious about want to reiterate, which is the fact Officer has an urban area and plenty of what is about to happen. As we know, that as I look at a lot of more mod- rural areas. I have one of the densest the vehicle for this is a budget resolu- erate and conservative outlets, from cities in the United States, and then I tion, right? They are trying to charac- the American Enterprise Institute all have far-flung, very small towns that terize this as, no, it is not a budget res- the way to the American Medical Asso- are old plantations. Everybody in the olution. ciation, that did not support Senate represents rural America in The only reason they are doing it as ObamaCare in the first place, you have some form or fashion. a budget vehicle is so they can do rec- this chorus growing of responsible, If you live in a rural area, chances onciliation. What does that mean? thoughtful people who said: Hey, we are that your local hospital will lose That means they only need 51 votes, may want to repeal ObamaCare, but to millions of dollars in funding, which where otherwise they would need 60 do it without putting up a plan and will force many rural hospitals to turn votes, but this is a budget. If it were showing the American public what you away patients and close their doors. not a budget, they would not be subject are going to replace it with is not only This is not an exaggeration. I encour- to the 51-vote threshold. This is the contrary, obviously, to a lot of the po- age every Republican Member of the Federal budget. This Federal budget in- litical rhetoric we heard during the Senate, Member of the House, citizen creases the deficit by trillions of dol- campaign season, but it is against the out there to ask their health care lead- lars. logic, it is not prudent, it is actually ers in rural hospitals what is about to This Federal budget increases the reckless, and it is going to hurt a lot of happen. They are in a panic. deficit by trillions of dollars—not tril- people. Let’s be totally clear about what this lions of dollars at a flat line with the This is what we have to understand. means. You lose rural hospital money previous Federal budget, this is tril- I say it is akin to pushing someone off and you lose rural hospitals. For a lot lions of dollars more than last year’s a ledge and telling them, as they are of small towns, from Hawaii to the Da- Federal budget. falling down, that, hey, we are going to kotas, to the Carolinas, and every- So if you are a fiscal hawk, gosh, you get a plan, don’t worry. The problem is, where in between, the rural hospital is must be swallowing hard over the next people are going to get hurt in the in- the economic center of the community. couple of days. This must be a bitter terim. The cost of medical care, not It is often by far the largest employer. pill to swallow because on the one having that kind of business certainty I want you to understand, if a rural hand, boy, do you hate ObamaCare. On that you need, it is going to spike mar- community loses its rural hospital, a the other hand, boy, do you hate run- kets and make things very difficult. lot of the working-age folks leave. ning up the national deficit—not the I just want to say that this body, They move to a more urban area. debt, deficit—by trillions of dollars. which I respect—and I am happy to What happens is, the elderly citizens This is insane. This deficit—what we hear voices like Senator RAND PAUL also have to leave because if you need are doing to the debt and deficit in the and others on the Republican side access to emergency services but you next 2 or 3 days makes everything that begin to come out and say that we are nowhere near any of that care, you we have done in the last 3 or 4 years should not be repealing this without are going to have to go too. So there is pale in comparison. replacing it. I want to offer my grati- not a single thing we can do in the If you are a fiscal hawk, I cannot see tude to them because I think there are Congress that would harm rural com- how you get to yes on this. You cannot a lot of people—I even heard CHUCK

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.077 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — SENATE S179 SCHUMER say himself that he is ready ance just because you have turned 23, people. Well, this is one of those mo- to roll up his sleeves and talk about 24. Now you can do it until you are 26. ments. ways to improve this. There are so many aspects of What are we going to do as a body? We have heard from the President- ObamaCare that people say they like. Are we going to repeal and not replace? elect, saying that he is going to have a One thing that even Republican Gov- Or are we going to have a great discus- health care system that is better and ernors talk about liking is just the idea sion about what that replacement will that costs less. I think he used the of Medicaid expansions that have oc- be? word ‘‘terrific’’ to describe what he is curred in 32 States and have enabled So tonight we have heard from a lot going to bring to the American people. millions of Americans, hard-working of my colleagues. I am really proud Well, where is it? Where is the plan? families, their children, people living that folks have taken to the floor. I am What is the idea? Because there are too in nursing homes, those who suffer even more proud that, from my office, many people right now in our country from addiction, and the poor and the we are hearing from people on both who are fearful of what might happen. underserved, to get access to quality sides of the political aisle. Not every- When I say ‘‘fearful,’’ it is a base fear; health care. body likes ObamaCare. Not everybody for example, some people from my That is what is incredible. We have voted Democratic. It is people from State of New Jersey. This is Martha, people who are coal miners and sick both sides of the aisle. They do not un- who lives in a town called Montclair— who have benefited from this. We have derstand why we would rush forward not quite the same town that the Sen- folks who are in nursing homes who doing the repeal without the replace. ator from Hawaii was speaking of be- have benefited from this. We have folks I want to thank everybody who has fore, which I cannot pronounce yet. I who are suffering in this opioid crisis spoken tonight. The hour is late, and I hope he will help me with that. with addictions who have been able to just want to thank a lot of the folks Mahalo; is that right? I am doing all get access to coverage and access to who don’t normally keep these kinds of right. care. More than this, we have now cre- hours. There are some pretty incredible But this young lady from Montclair ated a system that equates and under- people who work up around the Presi- very dramatically writes: stands that mental illness and physical dent’s desk. I want to take a moment to thank you for illness is in parity—that insurance We have a lot of pages here who do fighting as hard as you have to protect those companies have to offer that as well. not get enough thanks on both sides— of us who are disabled and vulnerable to fi- In addition to all of that, we now Republican pages and Democratic nancial ruin, medical crisis, and debt if the have a system that says to anybody ACA is repealed. I am a psychotherapist in pages. I want to thank them, as well, private practice for over 20 years. I have that you cannot be denied for the kind for staying late, even though, tech- served my community by keeping one-third of reasons you were denied before and nically—and I hate to call them out on of my caseload no fee or low fee for those find yourself falling into the trap that this—if they have to stay up past 10 who have had no insurance. so many Americans did; that the No. 1 p.m., they don’t have to necessarily do For over 20 years, I have purchased my in- reason—or at least one of the top rea- their homework and show up for school surance privately and paid dearly for my sons people were declaring bankruptcy the next day. That is what I hear. So medical coverage. Two months ago, I was di- was because they could not afford their agnosed with an extremely rare cancer in my we might have done you a favor. But central nervous system. I am fortunate that medical bills. These are all things that either way, I want to thank everybody doctors believe that it can be controlled, but are universally—or at least the over- tonight. not cured, by my taking a low dose of oral whelming majority of Americans want. Mr. President, I want to suggest the chemotherapy for life. I now, as a result of So we all agree on many of the basic absence of a quorum. this condition, have zero chance of being goals. The question is, How do get Oh, I am sorry. I want to—what do I able to afford reasonable medical coverage there? It has been indicated by the want to do? I want to just drop the purchased from an unregulated open market. President-elect and others that they mic. My life, literally without hyperbole, de- have a plan to get there, to preserve all pends on my being able to maintain con- Mr. SCHATZ. That is the first time tinuity of care and insurance regulations of these things that are now being sa- the Senate has ever ended with that that eliminate exclusions for preexisting vored by Americans, that are literally, one. conditions. My energies are limited due to as Martha from Montclair points out, my illness. So I thank you for doing all you saving people’s lives. The question is, f can to fight for my life and my family. The How are you going to get there? By the idea that people with preexisting conditions way, if you try to shortcut it and don’t ADJOURNMENT UNTIL TODAY aren’t contributing to the economic health tell us how you are going to get there The PRESIDING OFFICER. Under of our country is a distortion. I personally and just repeal ObamaCare, then you address gaps in our health care system as a the previous order, the Senate stands provider by sliding my scale. introduce uncertainty to the market. adjourned until 12 noon today. The safety net is us, and if I lose my health Insurance companies are speaking up. Thereupon, the Senate, at 12:16 a.m., coverage and can no longer afford it, I will The American Medical Association is adjourned until Tuesday, January 10, no longer be able to afford to devote one- speaking up. The American Diabetes 2017, at 12 noon. third of my caseload to those who cannot af- Association is speaking up. The Amer- ford it. It becomes a profound domino effect. ican Cancer Society is speaking up. All f That is where we are right now. I of these nonpartisan or maybe even have heard so many of my colleagues, conservative folks are speaking up, NOMINATIONS Republican and Democratic, speak to saying: You can’t do the repeal unless Executive nominations received by the things they like about ObamaCare you put forward what you are going to the Senate: or at least they like in the abstract, replace it with. IN THE ARMY not giving ObamaCare any credit. They Free market folks know you don’t in- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT like the fact that people with pre- troduce uncertainty into the markets TO THE GRADE INDICATED IN THE UNITED STATES ARMY existing conditions can get insurance. MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 without consequences, and those con- AND 3064: They like this idea that there will be sequences would be a disruption to the To be major no lifetime caps. That means that a individual marketplace, the spiking of JEREMY D. KARLIN child who might have leukemia and prices, people pulling out, and that IRAHAM A. SANCHEZ beats it and then becomes an adult death spiral. IN THE NAVY can’t find insurance because nobody I believe in the prudence of this body. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT wants to insure him because they have I have seen it from people on both sides TO THE GRADE INDICATED IN THE UNITED STATES NAVY exceeded these ideas of lifetime caps. of the aisle—the thoughtfulness that UNDER TITLE 10, U.S.C., SECTION 624: They have gotten rid of this idea that they won’t rush to embrace a pure po- To be lieutenant commander you cannot stay on your parent’s insur- litical victory at the expense of real MATHEW M. LEWIS

VerDate Sep 11 2014 05:58 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 9801 E:\CR\FM\G09JA6.079 S09JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 9, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E35 EXTENSIONS OF REMARKS

OBJECTING TO UNITED NATIONS many roles over the course of his highly pro- PERSONAL EXPLANATION SECURITY COUNCIL RESOLUTION ductive professional and political career. Re- 2334 nowned for his bedrock strength, and some- HON. TRENT FRANKS times cantankerous demeanor, he was always OF ARIZONA SPEECH OF straight-forward and clear about his principles IN THE HOUSE OF REPRESENTATIVES HON. LUCILLE ROYBAL-ALLARD and convictions. Political from a young age, Mr. Giacomini Monday, January 9, 2017 OF CALIFORNIA was student body president of Marin Catholic Mr. FRANKS of Arizona. Mr. Speaker, on IN THE HOUSE OF REPRESENTATIVES High School. He won a seat on the Lagunitas January 5, 2017, during the vote on roll call Thursday, January 5, 2017 School Board in 1968, and was elected to rep- 11, on H. Res. 11, I inserted my voting card Ms. ROYBAL-ALLARD. Mr. Speaker, I will resent Marin’s 4th District on the Board of Su- believing that my YEA vote had been re- vote for House Resolution 11, ‘‘Objecting to pervisors in 1972, where he served until 1996. corded. It was my intention to vote YES on H. United Nations Security Council (UNSC) Res- Upon his retirement from the Board of Super- Res. 11. olution 2334 as an obstacle to Israeli-Pales- visors, he was the longest-serving county su- f tinian peace,’’ because I believe the UN reso- pervisor in the history of California. In addition, lution was not objective, but rather one-sided he was a member of 25 other state and re- TRIBUTE TO KAYE FRANCES by placing the blame solely on Israel as the gional boards and commissions, including 10 WILLIAMS obstacle to peace. years on the California Coastal Commission For years, I have strongly advocated for di- and 20 years on the Golden Gate Bridge Dis- HON. TERRI A. SEWELL rect peace negotiations between Israel and trict. In 2007, Marin Magazine named him one OF ALABAMA Palestine because I firmly believe peace can of the 13 most influential people in county his- IN THE HOUSE OF REPRESENTATIVES tory. be achieved only if Israel and Palestine nego- Monday, January 9, 2017 tiate directly in good faith and on fair terms. I Chief among his many exceptional accom- remain hopeful this will happen. plishments for Marin’s residents and environ- Ms. SEWELL of Alabama. Mr. Speaker, I While I deeply oppose the continued build- ment, Mr. Giacomini led the movement to pre- rise today to honor the extraordinary life of ing of settlements in the West Bank and the serve West Marin open space, protect the en- Kaye Frances Williams, formerly of Selma, Gaza Strip, I believe the United Nations Secu- vironment, and preserve the county’s historic Alabama—a childhood friend, outstanding law- rity Council Resolution does more harm than ranchlands. In appreciation for his enduring re- yer, devoted wife, doting aunt, amazing sister, good. Here’s why: solve and track record protecting these lands, loving daughter and special friend to many. First, Resolution 2334 passed by the UNSC in 2001 a 1,500-acre open space preserve in Born on January 4, 1962, Kaye was the eld- does nothing to advance peace. Instead it bol- the San Geronimo area was named for est daughter of the late Martha and Fred D. sters Israel’s enemies and pushes the two Giacomini. He was dubbed as one of the he- Williams, Jr. and the sister to my childhood state solution to peace further out of reach by roic group of Rebels with a Cause for his work best friend Kimberly Joyce Williams, whom I forcing nations to choose between supporting to save a vast stretch of Marin’s coastline for affectionately called ‘‘Kimmie Jo’’. Israel or Palestine. parks and farms. He also instigated, with his Every childhood memory I have includes the Second, while I agree the settlements serve colleagues, public ownership of the Southern Williams family. I can still see that house in as one of many obstacles to peace, the UNSC Pacific Railroad right-of-way from Marin to Eu- Lakewood and I will never forget that home resolution singles out the settlements and ig- reka in the 1980s, paving the way to Sonoma- telephone number. I am so grateful for the nores Palestinian violence, the role of Hamas Marin Area Rail Transit’s future use of the love and support I received from the Williams and its refusal to recognize Israel as the Jew- tracks, where service is expected to begin this family. I spent so much time with them that I ish state. These are essential and critical year. even called their parents Uncle Fred and T- issues that must be addressed to achieve last- In 1985, Mr. Giacomini coordinated a stren- Mart. I can still smell the aroma of their moth- ing peace. uous battle to ensure the Buck Trust, beer’s homemade fried chicken—Colonel Sand- This omission is unacceptable. My vote on queathed to Marin for its needs and programs ers had nothing on T-Mart’s chicken. Resolution 11 illustrates this belief and my by Ross philanthropist Beryl Buck, was not Kaye grew up a true ‘‘Southern Belle’’ from strong desire for fairness and peace between dispersed outside Marin. This culminated in the most affluent African American family in Israelis and Palestinians which will enable the formation of the Marin Community Foun- the historic town of Selma, Alabama. The Wil- Israel to protect its security and its existence dation in 1986. After leaving public service in liams were the epitome of black high society as a Jewish and democratic state. This can 1996, Mr. Giacomini went on to serve two in Selma. The Williams family owned Black only be achieved by a two state solution. terms on the board of the Marin Community Selma—they were the premier florist, owning f Foundation, including time as Chairman of the Fred’s Flower and Gift Shop as well as JH Board. Williams Funeral Home. They were the top HONORING GARY GIACOMINI Over the years, Mr. Giacomini developed a educators, entrepreneurs, doctors and philan- well-earned reputation, as noted by the Marin thropists. The Williams family had it ‘‘goin on’’. HON. JARED HUFFMAN Independent Journal, for his ability to promote They even summered at Cape May—when OF CALIFORNIA common ground between the interests of black folks in Selma didn’t even know Jersey IN THE HOUSE OF REPRESENTATIVES Marin’s diverse agricultural community and had a shore. preservationists. He is survived by his wife, Deprived of female siblings myself, Kim was Monday, January 9, 2017 Linda; two sons, Andrew and Antony; a sister, my sister/BFF and Kaye was ‘‘our big sister’’. Mr. HUFFMAN. Mr. Speaker, I rise today in Roberta Powers; and five grandchildren. He Kaye had it all—she was beautiful, smart, fun memory of Gary Giacomini, who passed away has left an indelible mark not just on his family and talented—Kaye was the girl we all wanted on December 2, 2016, after a lifetime of serv- and the community of Marin, but on children to be. ice to his community. and families far and wide. Kaye Frances Williams was a trailblazer. Born in San Francisco in 1939, Mr. A formidable force whose presence will be She blazed the trail that so many of us in Giacomini spent most of his life as a resident greatly missed, it is my honor, Mr. Speaker, to Selma aspired to follow. I set my own goals by of Marin County. He attended St. Mary’s Col- recognize the breadth and depth of Mr. the achievements of Kaye Williams. I wanted lege in Moraga, and earned his law degree at Giacomini’s legacy of commitment and his to be a debater because Kaye was the first San Francisco Hasting College of Law in 1965 many victories for the people and places of black debater at Selma High School. I wanted as an honor student. A stalwart, civic-minded Marin. It is therefore appropriate that we pay to be in student government because Kaye community member, Mr. Giacomini occupied tribute to him today and honor his memory. was the first black President of the Selma

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 05:11 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.001 E09JAPT1 smartinez on DSK3GLQ082PROD with REMARKS E36 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 2017 High Student Council. I wanted to be the val- Mr. Mizner has been a Field Representative partment of State and the United States Agen- edictorian because Kaye graduated top of the in Kings and Tulare County, California from cy for International Development (USAID) has Class of 1979 at Selma High and then at- June 1, 2016 to January 5, 2017. As Field provided services and goods for these groups, tended Goucher College and Georgetown Law Representative, Mr. Mizner was known for his but the need continues to grow on a daily School. I wanted to be a securities lawyer be- friendly, optimistic personality throughout both basis. cause Kaye was a top lawyer at the Securities counties. He is a hard, dedicated worker who Human Rights Watch recently documented Exchange Commission. Like so many others, was highly respected by his peers and was the severity of the need for trained trauma I spent my life trying to live up to Kaye’s able to create and foster connections with specialists, explaining that ‘‘doctors need to be exceptionalism. constituents, business leaders, and public offi- better trained in examining women who have I will never forget the summer of 1984 when cials, all of which are integral skills of congres- been victims of sexual assault . . . otherwise, Kim and I, as college students, lived in Kaye’s sional staffers. the exams could be harmful and humiliating apartment and worked in Washington, DC Outside of work, Mr. Mizner enjoys music; for women and girls, and make them feel like while Kaye was a summer associate in a Los he is an avid saxophone player and enjoys they have no control over their bodies—which Angeles law firm. What a summer—Kim and I singing in choir, as well. Mr. Mizner is a mem- is what they felt when they were abducted by knew we were truly grown—living in DC in our ber of California Baptist University Choir and ISIS.’’ By dedicating specific resources dedi- big sister’s apartment with a car. Being a re- Orchestra. cated to providing access to trauma-informed sponsible elder, Kaye left us a list of ‘‘Dos & Mr. Mizner’s time with my office came to a counseling, the United States can play a sig- Don’ts’’ which we promptly ignored. What pre- close on January 5, 2017 when he left to pur- nificant role in rehabilitating these traumatized cious memories Kim and I made that sum- sue an eleven-month mission trip with The and often suicidal survivors of IS. mer—all because of Kaye. Those were the World Race to serve needy groups in eleven Mr. Speaker, I hope this body will expedi- days. countries in Central America, Asia, and Africa. tiously pass this measure. Doing so will reaf- Kaye emanated a bright light that blazed a Knowing Mr. Mizner, his character, and his firm America’s commitment to those around path that will shine on in the lives of the many work ethic, I have no doubt that he will the world suffering from great injustice. people she impacted. She was beloved by her achieve many great things in his future. f family and she was the ‘‘Best Aunt ever’’ to Mr. Speaker, I ask my colleagues in the Kim’s children—McKenzie and Madison. Kaye United States House of Representatives to CONGRATULATIONS AND THANK met every challenge in life with the same join me in commending Mr. Jacob Mizner for YOU TO RETIRING SHERIFF MICK fierce determination and indomitable spirit that his public service to the people of the Central EPPERLY helped her succeed in every endeavor she un- Valley and wishing him well as he embarks on dertook. She graciously assumed the mantle the next chapter of his life. HON. BILLY LONG of the matriarch of the Williams family when f OF MISSOURI her parents died and she was the devoted IN THE HOUSE OF REPRESENTATIVES caregiver to her loving husband Earl. INTRODUCING THE JUSTICE FOR On December 7, 2016, that bright light YAZIDIS ACT Monday, January 9, 2017 dimmed far too soon. Kaye Williams had many Mr. LONG. Mr. Speaker, I rise today to rec- more miles to go before she slept. Although HON. ALCEE L. HASTINGS ognize Sheriff Mick Epperly of Barry County, Kaye will be missed by us all, let us find com- OF FLORIDA Missouri, who is retiring after 28 years of serv- fort in the fact that she will forever live in the IN THE HOUSE OF REPRESENTATIVES ice in law enforcement. hearts of so many people she nurtured, influ- Sheriff Epperly took his first oath as Sheriff Monday, January 9, 2017 enced, and affected. Kaye would not want us of Barry County on January 1, 1997. Now, 20 to mourn her but rather she would want us to Mr. HASTINGS. Mr. Speaker, I rise today to years later, he has become the longest serv- celebrate the extraordinary life she led and be introduce the Justice for Yazidis Act, legisla- ing sheriff in Barry County’s history. inspired by the example she set. tion that will expand mental health, physical During his career, Sheriff Epperly has come I know that I would not be Alabama’s first therapy, and other health services to religious to be known as the ‘‘working sheriff.’’ On the black Congresswoman had Kaye Frances Wil- minority groups that have suffered the greatest job, Sheriff Epperly has consistently been an liams not been my ‘‘Big Sister’’. My gratitude persecution under the Islamic State (IS). active sheriff arriving first on the scene for is immeasurable and I will seek to repay that These programs, though modest, are greatly search and rescue missions, going into work debt by ensuring that the path she blazed in needed and will help victims of genocide begin at all hours, even on weekends and holidays, Selma, Alabama shall never be extinguished the long process of healing. In addition, this regularly going on patrols with his officers and but will continue to light the way for the next legislation establishes a P2 Processing system working every homicide case that the Sheriff’s generation of brilliant, beautiful and talented for Iraqi and Syrian religious minority groups, Office has been involved in during his tenure. African American women. allowing these groups and individuals to apply I am honored to recognize Sheriff Epperly’s On behalf of the 7th Congressional District, directly to the United States for refugee status years of service and hard work on the job for the State of Alabama and this nation, I ask my without compromising the rigorous vetting the people of Barry County. On behalf of Mis- colleagues to join me in celebrating the life standards already in place. souri’s Seventh Congressional District I ask all and accomplishments of Kaye Frances Wil- The crimes committed by IS are horrifying of my colleagues to join me in wishing Sheriff liams. and brutal. Countless articles have been pub- Epperly the best in retirement and thanking f lished detailing the unimaginable abuse that him for 28 years of work in law enforcement. IN RECOGNITION OF MR. JACOB groups like the Yazidis have endured. Apart f BENNETT MIZNER from the mass killings, the beheadings and torture, IS created a system of organized kid- IN MEMORY OF RIVERSIDE COUN- napping, rape, forced marriage, and sexual TY SUPERVISOR JOHN BENOIT HON. DAVID G. VALADAO slavery primarily targeted against girls from re- OF CALIFORNIA ligious and ethnic minority groups. It’s not hid- IN THE HOUSE OF REPRESENTATIVES HON. PAUL COOK den: they sell captives in the open, like cattle OF CALIFORNIA Monday, January 9, 2017 at market, where militants come and go as IN THE HOUSE OF REPRESENTATIVES Mr. VALADAO. Mr. Speaker, I rise today to they please to select slaves as young as nine Monday, January 9, 2017 thank Mr. Jacob Bennett Mizner for his service years old. Once sold, girls and women are to my office and California’s Central Valley. traded among fighters for months at a time. Mr. COOK. Mr. Speaker, I rise today to rec- Mr. Mizner was born on July 16, 1994 in Fighters believe they are entitled—and obli- ognize and honor the life of Riverside County Tulare, California to Kevin and Sharon Mizner. gated—to enslave, rape, and forcibly convert Supervisor John Benoit, who passed away on After graduating from Tulare Western High these girls. They even published a pamphlet in December 26, 2016 at the age of 64. John School in Tulare, California in 2012, Mr. December 2014 on how to treat female was a lifelong public servant, having spent 31 Mizner graduated from Fresno Pacific Univer- slaves. years in law enforcement prior to his first foray sity in Fresno, California in 2016. While at- Thousands of women remain enslaved. For into elected office in 1999 as a board member tending Fresno Pacific University, Mr. Mizner, those who have escaped or been rescued, the for the Desert Sands Unified School District. a lover of music, was involved in Fresno Pa- road to recovery in war-torn Syria and Iraq is In 2002, John was elected to the California cific Concert Choir. daunting. The United States, through the De- State Assembly, where I had the pleasure of

VerDate Sep 11 2014 05:11 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K09JA8.003 E09JAPT1 smartinez on DSK3GLQ082PROD with REMARKS January 9, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E37 calling him a colleague. I was always im- OBJECTING TO UNITED NATIONS that are designed to make the two-state solu- pressed with John’s keen understanding of de- SECURITY COUNCIL RESOLUTION tion impossible, and I oppose it precisely be- veloping sound public policy on behalf of his 2334 cause I am committed to securing a lasting constituents. He was a true statesman in peace for both Israelis and Palestinians. SPEECH OF every sense of the word. John was elected to f the California State Senate in 2008 and was HON. BETTY McCOLLUM eventually appointed to the Riverside County NATIONAL LAW ENFORCEMENT OF MINNESOTA APPRECIATION DAY AND THE Board of Supervisors in 2009 by California IN THE HOUSE OF REPRESENTATIVES Governor Arnold Schwarzenegger. SIX-MONTH ANNIVERSARY OF Thursday, January 5, 2017 THE DALLAS SHOOTING On the Riverside County Board of Super- visors, John represented the largest and, ar- Ms. MCCOLLUM. Mr. Speaker, I rise in op- guably, most diverse district in the county. Yet, position to H. Res. 11, Objecting to United Na- HON. EDDIE BERNICE JOHNSON he never let his partisan leanings interfere with tions Security Council Resolution 2334 as an OF TEXAS his duty to serve his constituents. This, un- obstacle to Israeli-Palestinian peace. IN THE HOUSE OF REPRESENTATIVES H. Res. 11 is a gross mischaracterization of doubtedly, will be one of John’s many lasting Monday, January 9, 2017 legacies. the U.S. position on U.N. Security Council Resolution 2334 and of President Obama’s Ms. EDDIE BERNICE JOHNSON of Texas. John is survived by his wife, Sheryl; son, steadfast commitment to Israel. Mr. Speaker, I would like to join communities Ben; daughter, Sarah; and two grandchildren, The United States has always been, and will and individuals all across the United States in Abrielle and Nick. On behalf of the U.S. House remain, a loyal friend of Israel. In fact, Presi- recognizing Law Enforcement Appreciation of Representatives, I would like to offer our dent Obama recently reinforced the U.S.- Day. Today is just one of many opportunities condolences to John’s family and friends dur- Israeli bond with the signing of an agreement throughout the year when we come together ing this difficult time. May he rest in eternal providing Israel with $38 billion in U.S. security to recognize the bravery and sacrifice of our peace. assistance over the next decade, the largest fellow men and women in law enforcement, agreement in the history of our security rela- who work day in and day out to protect our f tionship with Israel. families, friends, and communities. HONORING LAW ENFORCEMENT While President Obama has been steadfast Our recognition here today is timely, given OFFICERS in preserving our relationship with Israel over that the six-month anniversary of the shooting the course of his presidency, he also under- in Dallas on July 7, 2016 took place over the stands that friends need to tell friends hard weekend. This tragic shooting claimed the HON. DOUG COLLINS truths. Lockstep U.S. support for all of Israel’s lives of four Dallas Police offices and one OF GEORGIA policies is in fact counterproductive to main- DART officer, while injuring nine others. It was IN THE HOUSE OF REPRESENTATIVES taining the strong bonds of friendship between a traumatic day for our city. However, the peo- our two countries. ple of Dallas came together in unprecedented Monday, January 9, 2017 This is particularly true when it comes to the numbers to honor the fallen and support the Mr. COLLINS of Georgia. Mr. Speaker, I issue of illegal Israeli settlement expansion. Dallas Police Department through this most rise today—on National Law Enforcement Ap- This policy is one of the most serious obsta- trying time. It was a testament to the focus preciation Day—to honor the commitment, cles to achieving a two-state solution, the only and resolve of the American people as individ- courage, and sacrifice of law enforcement offi- viable avenue to peace between Israel and uals from all across the country came together cers in Georgia’s Ninth District and throughout the Palestinians. It has long been the bipar- to denounce the violence and support our law the United States. tisan policy of U.S. administrations to oppose enforcement officers. As the son of a Georgia State Trooper, I settlement expansion on land belonging to Last year alone, 135 law enforcement offi- have always had an admiration for the com- Palestinians before the 1967 war precisely be- cers lost their lives in the line of duty. This mitment that law enforcement officers make to cause these settlements diminish the pros- was the highest number of line of duty deaths their communities. Despite the challenges and pects of reaching a two-state solution and are in five years, and represents a ten percent in- costs that come with the oath to protect and not essential to Israel’s security. Even Presi- crease over 2015. While I do not believe that serve, these brave men and women diligently dent Ronald Reagan said of the issue in 1982 this is a normal trend, we need to be cog- work to make their communities safe. that ‘‘further settlement activity is in no way nizant of the violence within our communities necessary for the security of Israel and only and ensure that we are taking steps in our ev- The risk that law enforcement officers take diminishes the confidence of the Arabs that a eryday lives to reduce the tension between has become all too evident, highlighted even final outcome can be freely negotiated.’’ It was law enforcement and the communities they more so by incidents in recent months. In fact, for this reason that President Obama chose to protect. less than a month ago, Lavonia Police Officer abstain on U.N. Security Council Resolution Mr. Speaker, I am proud to stand with my Jeffery Martin and Captain Michael Schulman 2334, and I strongly supported his decision to colleagues today in honor of this day of rec- were both shot after stopping a suspect driv- do so. ognition. Law enforcement officers—including ing a stolen vehicle. Thankfully, despite sus- Unfortunately, H. Res. 11 ignores the history the brave men and women of the Dallas Po- taining injuries, both of them survived the at- of this conflict, distorts decades of bipartisan lice Department—perform their duties often tack. U.S. policy and completely disregards the without praise or recognition of the day-to-day Others haven’t been as fortunate. During facts on the ground today. The U.S. absten- challenges that they face. While it is important that week alone, six law enforcement officers tion on U.N. Security Council Resolution 2334 to recognize law enforcement officers on spe- in Georgia were shot. The enormous risk that was not an aberration in the history of our re- cial occasions such as these, we must not for- these officers take every day became the ulti- lationship with Israel. Dating back to President get that these brave men and women are pa- mate sacrifice for two of those officers, who Johnson, both Republican and Democratic Ad- trolling our streets each and every day and tragically joined the ranks of the fallen last De- ministrations have repeatedly abstained from rightly deserve the same recognition. cember. They joined 133 fellow law enforce- U.N. Security Council resolutions related to f ment officers who lost their lives in the line of Israel. These abstentions have often been at SENATE COMMITTEE MEETINGS duty in 2016, which saw a 10 percent rise in odds with the position of the Israeli govern- officer fatalities over 2015. ment. Title IV of Senate Resolution 4, I ask that we all keep these officers and Mr. Speaker, achieving a lasting peace be- agreed to by the Senate of February 4, their families in our hearts and prayers. We tween Israelis and Palestinians is not an easy 1977, calls for establishment of a sys- should remember the sacrifices of law en- task. It requires both sides to make hard tem for a computerized schedule of all forcement officers every day, but today serves choices and embrace steps necessary to mak- meetings and hearings of Senate com- as a particular reminder to thank our men and ing the two-state solution a reality. Right now, mittees, subcommittees, joint commit- women in blue. neither side seems willing to make the nec- tees, and committees of conference. We must continue to support law enforce- essary sacrifices needed to resolve this con- This title requires all such committees ment officers throughout the country as they flict. to notify the Office of the Senate Daily tirelessly serve to protect our neighborhoods, Unfortunately, H. Res. 11 embraces the ex- Digest—designated by the Rules Com- families, and friends. treme policies of the Netanyahu government mittee—of the time, place and purpose

VerDate Sep 11 2014 05:11 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A09JA8.005 E09JAPT1 smartinez on DSK3GLQ082PROD with REMARKS E38 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 2017 of the meetings, when scheduled and bama, to be Attorney General, Depart- 10 a.m. any cancellations or changes in the ment of Justice. Committee on Banking, Housing, and meetings as they occur. SR–325 Urban Affairs As an additional procedure along 10 a.m. To hold hearings to examine the nomina- with the computerization of this infor- Committee on Health, Education, Labor, tion of Benjamin Carson, of Michigan, mation, the Office of the Senate Daily and Pensions to be Secretary of Housing and Urban Digest will prepare this information for To hold hearings to examine the nomina- Development. tion of Betsy DeVos, of Michigan, to be printing in the Extensions of Remarks SD–538 Secretary of Education. Committee on Commerce, Science, and section of the CONGRESSIONAL RECORD SD–430 Transportation on Monday and Wednesday of each 10:15 a.m. To hold hearings to examine the nomina- week. Committee on Commerce, Science, and tion of Wilbur L. Ross, Jr., to be Sec- Meetings scheduled for Tuesday, Jan- Transportation retary of Commerce. uary 10, 2017 may be found in the Daily To hold hearings to examine the nomina- SR–253 Digest of today’s RECORD. tion of Elaine L. Chao, to be Secretary Committee on Foreign Relations of Transportation. To continue hearings to examine the MEETINGS SCHEDULED SR–253 nomination of Rex Wayne Tillerson, of JANUARY 11 JANUARY 12 Texas, to be Secretary of State. SD–106 9 a.m. Committee on Foreign Relations 9:30 a.m. Select Committee on Intelligence Business meeting to consider protocol to Committee on Armed Services To hold hearings to examine the nomina- the North Atlantic Treaty of 1949 on To hold hearings to examine the nomination of Mike Pompeo, of Kansas, to be the Accession of Montenegro (Treaty tion of James N. Mattis, to be Sec- Director of the Central Intelligence Doc. 114–12); to be immediately fol- retary of Defense; to be immediately Agency. lowed by a hearing to examine the followed by a business meeting to con- SH–216 nomination of Rex Wayne Tillerson, of sider legislation to provide for an ex- 1 p.m. Texas, to be Secretary of State. ception to a limitation against ap- Select Committee on Intelligence SD–106 pointment of persons as Secretary of To hold closed hearings to examine the 9:30 a.m. Defense within seven years of relief nomination of Mike Pompeo, of Kan- Committee on the Judiciary from active duty as a regular commis- sas, to be Director of the Central Intel- To continue hearings to examine the sioned officer of the Armed Forces. ligence Agency. nomination of Jeff Sessions, of Ala- SD–G50 SH–219

VerDate Sep 11 2014 05:11 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\M09JA8.000 E09JAPT1 smartinez on DSK3GLQ082PROD with REMARKS Monday, January 9, 2017 Daily Digest Senate ment No. 52; that at 2:30 p.m., on Tuesday, Janu- Chamber Action ary 10, 2017, Senate vote on or in relation to Flake Routine Proceedings, pages S125–S179 Amendment No. 52; and that following the disposi- Measures Introduced: Eighteen bills were intro- tion of Flake Amendment No. 52, there be two duced, as follows: S. 58–75. Page S154 minutes of debate equally divided in the usual form Measures Considered: prior to a vote on or in relation to Sanders Amend- ment No. 19 (listed above). Page S151 Budget Resolution—Agreement: Senate resumed A unanimous-consent agreement was reached pro- consideration of S. Con. Res. 3, setting forth the viding for further consideration of the concurrent congressional budget for the United States Govern- resolution at approximately 12 noon, on Tuesday, ment for fiscal year 2017 and setting forth the appropriate budgetary levels for fiscal years 2018 January 10, 2017. Page S161 through 2026, taking action on the following Nominations Received: Senate received the fol- amendments proposed thereto: Pages S125–51, S161–79 lowing nominations: Rejected: Routine lists in the Army and Navy. Page S179 By 14 yeas to 83 nays (Vote No. 3), Enzi (for Additional Cosponsors: Pages S154–56 Paul) Amendment No. 1, in the nature of a substitute. Pages S125–37 Additional Statements: Page S153 Pending: Amendments Submitted: Pages S156–61 Sanders Amendment No. 19, relative to Social Se- Privileges of the Floor: Page S161 curity, Medicare, and Medicaid. Page S125 During consideration of this measure today, Senate Record Votes: Two record votes were taken today. also took the following action: (Total—4) Pages S137, S138 By 49 yeas to 47 nays (Vote No. 4), three-fifths Adjournment: Senate convened at 2 p.m. on Mon- of those Senators duly chosen and sworn not having day, January 9, 2017 and adjourned at 12:16 a.m. voted in the affirmative, Senate rejected the motion on Tuesday, January 10, 2017, until 12 p.m. on the to waive section 305(b) of the Congressional Budget same day. (For Senate’s program, see the remarks of Act of 1974, with respect to Sanders (for Hirono/ the Acting Majority Leader in today’s Record on Donnelly) Amendment No. 20, to protect the Medi- care and Medicaid programs. Subsequently, the point page S151.) of order that the amendment was in violation of section 305(b)(2) of the Congressional Budget Act of 1974, was sustained, and the amendment falls. Committee Meetings Pages S125, S137–38 (Committees not listed did not meet) A unanimous-consent agreement was reached providing that it be in order to call up Flake Amend- No committee meetings were held.

D23

VerDate Sep 11 2014 06:37 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JA7.REC D09JAPT1 smartinez on DSK3GLQ082PROD with DIGEST D24 CONGRESSIONAL RECORD — DAILY DIGEST January 9, 2017 House of Representatives vote of 404 yeas with none voting ‘‘nay’’, Roll No. Chamber Action 25; and Pages H206–08, H218 Public Bills and Resolutions Introduced: 21 pub- Weather Research and Forecasting Innovation lic bills, H.R.367–387; and 5 resolutions, H.J. Res. Act of 2017: H.R. 353, to improve the National 23–25; and H. Res. 34–35, were introduced. Oceanic and Atmospheric Administration’s weather Pages H234–35 research through a focused program of investment on Additional Cosponsors: Page H236 affordable and attainable advances in observational, Report Filed: A report was filed today as follows: computing, and modeling capabilities to support H. Res. 33, providing for consideration of the bill substantial improvement in weather forecasting and (H.R. 5) to reform the process by which Federal prediction of high impact weather events, and to ex- agencies analyze and formulate new regulations and pand commercial opportunities for the provision of guidance documents, to clarify the nature of judicial weather data. Pages H218–17 review of agency interpretations, to ensure complete Recess: The House recessed at 5:26 p.m. and recon- analysis of potential impacts on small entities of vened at 6:30 p.m. Page H217 rules, and for other purposes, and providing for con- Committee Election: The House agreed to H. Res. sideration of the bill (H.R. 79) to clarify the defini- 34, electing Members to certain standing commit- tion of general solicitation under Federal securities tees of the House of Representatives. Page H227 law (H. Rept. 115–2). Page H234 Permanent Select Committee on Intelligence: Speaker: Read a letter from the Speaker wherein he The Chair announced the Speaker’s appointment of appointed Representative Harris to act as Speaker the following Members of the House to the Perma- pro tempore for today. Page H197 nent Select Committee on Intelligence: Representa- Recess: The House recessed at 12:12 p.m. and re- tives Himes, Sewell (AL), Carson (IN), Speier, convened at 2 p.m. Page H199 Quigley, Swalwell (CA), Castro (TX), and Heck. Page H227 Recess: The House recessed at 2:09 p.m. and recon- vened at 4:30 p.m. Pages H200–01 Quorum Calls—Votes: Two yea-and-nay votes developed during the proceedings of today and appear Suspensions: The House agreed to suspend the rules on pages H217–18 and H218. There were no and pass the following measures: quorum calls. National Clinical Care Commission Act: H.R. Adjournment: The House met at 12 noon and ad- 309, to amend the Public Health Service Act to fos- journed at 9:19 p.m. ter more effective implementation and coordination of clinical care for people with a complex metabolic or autoimmune disease, a disease resulting from in- Committee Meetings sulin deficiency or insulin resistance, or complica- REGULATORY ACCOUNTABILITY ACT OF tions caused by such a disease; Pages H201–03 2017; HALOS ACT Improving Access to Maternity Care Act: H.R. Committee on Rules: Full Committee held a hearing on 315, to amend the Public Health Service Act to dis- H.R. 5, the ‘‘Regulatory Accountability Act of tribute maternity care health professionals to health 2017’’; and H.R. 79, the ‘‘HALOS Act’’. The com- professional shortage areas identified as in need of mittee granted, by voice vote, a structured rule for maternity care health services, by a 2⁄3 yea-and-nay H.R. 5. The rule provides one hour of general debate vote of 405 yeas with none voting ‘‘nay’’, Roll No. equally divided and controlled by the Majority Lead- 24; Pages H203–04, H217–18 er and the Minority Leader or their respective designees. The rule waives all points of order against Sports Medicine Licensure Clarity Act of 2017: consideration of the bill. The rule provides that the H.R. 302, to provide protections for certain sports bill shall be considered as read. The rule waives all medicine professionals who provide certain medical points of order against provisions in the bill. The services in a secondary State; Pages H204–06 rule makes in order only those amendments printed Protecting Patient Access to Emergency Medica- in part A of the Rules Committee report. Each such tions Act of 2017: H.R. 304, to amend the Con- amendment may be offered only in the order printed trolled Substances Act with regard to the provision in the report, may be offered only by a Member des- of emergency medical services, by a 2⁄3 yea-and-nay ignated in the report, shall be considered as read,

VerDate Sep 11 2014 06:37 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JA7.REC D09JAPT1 smartinez on DSK3GLQ082PROD with DIGEST January 9, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D25 shall be debatable for the time specified in the report equally divided and controlled by the proponent Joint Meetings and an opponent, shall not be subject to amend- No joint committee meetings were held. ment, and shall not be subject to a demand for divi- f sion of the question. The rule waives all points of order against the amendments printed in Part A of COMMITTEE MEETINGS FOR TUESDAY, the report. The rule provides one motion to recom- JANUARY 10, 2017 mit with or without instructions. Additionally, the (Committee meetings are open unless otherwise indicated) rule granted a structured rule for H.R. 79. The rule Senate provides one hour of general debate equally divided and controlled by the chair and ranking minority Committee on Armed Services: to hold hearings to examine civilian control of the Armed Forces, 9:30 a.m., SH–216. member of the Committee on Financial Services or Committee on Homeland Security and Governmental Affairs: their respective designees. The rule waives all points Permanent Subcommittee on Investigations, to hold hear- of order against consideration of the bill. The rule ings to examine backpage.com’s facilitation of online sex provides that the bill shall be considered as read. trafficking, 10 a.m., SD–342. The rule waives all points of order against provisions Full Committee, to hold hearings to examine the nom- in the bill. The rule makes in order only those ination of General John F. Kelly, USMC (Ret.), to be amendments printed in part B of the Rules Com- Secretary of Homeland Security, 3:30 p.m., SD–342. mittee report. Each such amendment may be offered Committee on the Judiciary: to hold hearings to examine the nomination of Jeff Sessions, of Alabama, to be Attor- only in the order printed in the report, may be of- ney General, Department of Justice, 9:30 a.m., SR–325. fered only by a Member designated in the report, Select Committee on Intelligence: to hold hearings to exam- shall be considered as read, shall be debatable for the ine Russian intelligence activities, 1 p.m., SD–106. time specified in the report equally divided and con- Full Committee, to hold closed hearings to examine trolled by the proponent and an opponent, shall not certain intelligence matters, 2:30 p.m., SH–219. be subject to amendment, and shall not be subject House to a demand for division of the question. The rule waives all points of order against the amendments Committee on Rules, Full Committee, hearing on H.R. printed in part B of the report. The rule provides 78, the ‘‘SEC Regulatory Accountability Act’’; and H.R. 238, the ‘‘Commodity End-User Relief Act’’, 3 p.m., one motion to recommit with or without instruc- H–313 Capitol. tions. Testimony was heard from Representatives Permanent Select Committee on Intelligence, Full Com- Huizenga, Marino, Johnson of Georgia, Graves of mittee, organizational meeting for the 115th Congress; Louisiana, Jackson Lee, Young of Iowa, and business meeting to consider an access request, 10 a.m., Krishnamoorthi. HVC–304. This meeting will be closed.

VerDate Sep 11 2014 06:37 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JA7.REC D09JAPT1 smartinez on DSK3GLQ082PROD with DIGEST D26 CONGRESSIONAL RECORD — DAILY DIGEST January 9, 2017

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Tuesday, January 10 10 a.m., Tuesday, January 10

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of H.R. 79—Help- ation of S. Con. Res. 3, Budget Resolution. At 2:30 p.m., ing Angels Lead Our Startups Act (Subject to a Rule). Senate will vote on or in relation to Flake Amendment Consideration of measures under suspension of the Rules. No. 52, and that following the disposition of Flake Amendment No. 52, there be two minutes of debate equally divided in the usual form prior to a vote on or in relation to Sanders Amendment No. 19.

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E36 Roybal-Allard, Lucille, Calif., E35 Huffman, Jared, Calif., E35 Sewell, Terri A., Ala., E35 Collins, Doug, Ga., E37 Johnson, Eddie Bernice, Tex., E37 Valadao, David G., Calif., E36 Cook, Paul, Calif., E36 Long, Billy, Mo., E36 Franks, Trent, Ariz., E35 McCollum, Betty, Minn., E37

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Publishing Office, at www.govinfo.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Publishing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Sep 11 2014 06:37 Jan 10, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0664 Sfmt 0664 E:\CR\FM\D09JA7.REC D09JAPT1 smartinez on DSK3GLQ082PROD with DIGEST