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

Vol. 163 WASHINGTON, TUESDAY, JULY 25, 2017 No. 125 House of Representatives The House met at 10 a.m. and was caster with my colleague, Representa- cation and hands-on skills that they called to order by the Speaker pro tem- tive SMUCKER. can use right out of high school in pore (Mr. JOHNSON of Louisiana). Thaddeus Stevens College of Tech- skills-based education programs or in f nology provides a bridge out of poverty colleges like Thaddeus Stevens College for some of the poorest citizens of of Technology. By modernizing the DESIGNATION OF SPEAKER PRO through a high-skill, Federal investment in CTE programs, TEMPORE high-wage technical education. Grad- we will be able to connect more edu- The SPEAKER pro tempore laid be- uates are filling the skills gap in Amer- cators with industry stakeholders and fore the House the following commu- ica, as there is a 99 percent placement close the skills gap that is in this coun- nication from the Speaker: for graduates of its high-demand pro- try. There are good jobs out there, but WASHINGTON, DC, grams. people need to be qualified to get them. July 25, 2017. Founded in 1905, Thaddeus Stevens I have proudly championed the I hereby appoint the Honorable MIKE JOHN- College of Technology educates Penn- Strengthening Career and Technical SON to act as Speaker pro tempore on this sylvania’s economically and socially Education for the 21st Century Act be- day. disadvantaged students as well as other cause it puts emphasis on advancing PAUL D. RYAN, qualified students for skilled employ- policies and promotes good-paying Speaker of the House of Representatives. ment in a diverse and ever-changing jobs, and it works to see that everyone f workforce. It offers 22 innovative tech- from all walks of life can have the op- MORNING-HOUR DEBATE nical-based majors that educate stu- portunity to succeed. Mr. Speaker, I dents for numerous job opportunities. witnessed this firsthand at Thaddeus The SPEAKER pro tempore. Pursu- From architecture to automotive stud- Stevens College. ant to the order of the House of Janu- ies and from masonry to mechanical This school is an outstanding exam- ary 3, 2017, the Chair will now recog- engineering, there are many career ple of the transformative power of edu- nize Members from lists submitted by paths for students to pursue. cation. The college is a national leader the majority and minority leaders for The hands-on nature of the program in technical workforce development, morning-hour debate. allows students exposure to the experi- and it works to break the intergenera- The Chair will alternate recognition ence, problem-solving ability, and tional cycle of poverty for millions of between the parties. All time shall be skills that will be used throughout students through career and technical equally allocated between the parties, their careers. Many students enter the education. and in no event shall debate continue workforce after their studies, while For the fourth consecutive time, The beyond 11:50 a.m. Each Member, other others may choose to pursue higher Aspen Institute has named Thaddeus than the majority and minority leaders level degrees at 4-year colleges and Stevens as the top 2-year technical col- and the minority whip, shall be limited universities. lege in Pennsylvania. I congratulate to 5 minutes. Thaddeus Stevens College is also the school and all of its students. It is f aware that the cost of education often truly a shining example of strong ca- places a financial strain on both the reer and technical education programs RECOGNIZING THADDEUS STEVENS student and their family. Grant pro- at work, and its graduates enter the COLLEGE OF TECHNOLOGY grams are offered to assist students workforce armed with the knowledge The SPEAKER pro tempore. The who are financially disadvantaged to and skills they need to succeed and Chair recognizes the gentleman from serve a rich diversity of students. pursue the American Dream. They are Pennsylvania (Mr. THOMPSON) for 5 Last month, I was proud this House learning to earn. minutes. unanimously approved my bill, the f Mr. THOMPSON of Pennsylvania. Strengthening Career and Technical Mr. Speaker, yesterday, I had the privi- Education for the 21st Century Act. RECOGNIZING GRANDPARENTS AS lege of touring Pennsylvania’s only The legislation aims to restore rungs CLOSE FAMILY MEMBERS State-owned 2-year technical college, on the ladder of opportunity because The SPEAKER pro tempore. The Thaddeus Stevens College of Tech- all Americans deserve a good-paying, Chair recognizes the gentleman from nology, named after an individual, a family-sustaining job. Illinois (Mr. GUTIE´ RREZ) for 5 minutes. former Member of Congress that served CTE has established itself as a path Mr. GUTIE´ RREZ. Mr. Speaker, I in the era of in this that many high-achieving students think the President has a lot to learn Chamber. I was pleased to be in Lan- choose in pursuit of industry certifi- about families. In my opinion, families

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.

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VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.000 H25JYPT1 H6218 CONGRESSIONAL RECORD — HOUSE July 25, 2017 should be protected and families should Supreme Court, which would ulti- I met Hadar’s parent in south Florida remain intact wherever possible, but it mately determine the fate of America’s earlier this year, and they told me is clear the President has other no- commitment to refugees and religious about their son, his love of freedom tions. tolerance will determine the case later that inspired his service to Israel and In the President’s world, families can this year. their just cause. and should be cut off from healthcare But in the meantime, over the objec- On August 1, 2014, 23-year-old Hadar coverage. So he is working with Repub- tions of the President, grandparents was killed by Hamas terrorists. His licans to take coverage away from 20 to are officially part of the family and body was then dragged away from his 30 million Americans so they can say have a bona fide relationship that al- home and into an underground tunnel. they made good on a campaign prom- lows them, under the law, to bypass the Hamas terrorists then stripped him and ise, regardless of the consequences in President’s attempt to keep them out. left his clothing and took his body with real people’s lives. Thank you, courts, for recognizing them. For nearly 3 years, Hamas has In the President’s world, children, es- and defending families and giving our held Hadar’s remains from his parents, pecially his children, don’t have to be President a lesson in the obvious. who merely want to give their son a honest when they apply for security Mr. Speaker, on Sunday, I learned proper burial. clearances or disclose all their meet- about a tragedy in San Antonio where Mr. Speaker, Israel is one of our ings they had with the Russians. a truck packed with immigrants was strongest allies, our greatest ally, and In the President’s world, children and discovered and at least 10 people were our support sends a clear message to grandchildren can be convenient polit- killed. The truck had no ventilation or all terrorists, including Hamas, that ical props, like when a 6-year-old air-conditioning. There was no water the United States will continue to granddaughter is sent into the Oval Of- for those inside who had paid a lot of firmly stand with Israel and its people. fice to interrupt an interview with The money to risk their lives to live in No parent should ever face the heart- New York Times, especially when the America—10 dead and another 20 near break of outliving a child, but those interview isn’t going well for him. death, some of them children, under who do should expect a proper burial. But grandchildren and grandparents the hot Texas sun in an apparent smug- Hadar’s parents have been denied that in the President’s world do not have a gling operation. basic decency by the Hamas terrorists ‘‘bona fide’’ family connection when it You see, if you cut off legal immigra- that murdered their son. So today I am comes to being refugees. In the latest tion channels and make people wait urging those holding Hadar to let him decades for a visa, if they are eligible incarnation of his Muslim and refugee come home so that his parents can say to apply at all, it strengthens the ban, the President excluded grand- good-bye. hands of smugglers. If you turn asylum parents from the category of those SOLIDARITY WITH VENEZUELA seekers around, in violation of our own close family members—only in the Re- Mr. CURBELO of Florida. Mr. Speak- laws and international law, those seek- publicans’ mind. er, Venezuela, once a beacon of eco- ing freedom are driven into the arms of Well, let me tell you something. If nomic prosperity in South America, smugglers. the President can be interrupted by his If, by going through our legal system has descended into chaos and turmoil. grandchild to shake up an interview in requesting asylum, your entire fam- An oil-rich nation, it now struggles as that isn’t going so well, I can ask my ily becomes vulnerable to deportation, Maduro’s policies have led Venezuela grandson to help me make a point here being sent back to a place you fled be- to having the hemisphere’s highest in- in Congress. cause death was a certainty, then peo- flation rate, resulting in critical short- Here is Luis Andres. Luis Andres is ple will pay smugglers to go around our ages of food and medicine, as well as ´ my grandson. You see, in the Gutierrez system because there are no ways to go the collapse of the Venezuelan cur- family, grandparents and grand- through it. rency and rampant crime. children are pretty close family mem- A border wall like the one Repub- The Maduro regime’s incompetence bers and have a bona fide family con- licans will slip into the military spend- in managing Venezuela’s finances and nection. In fact, Luis Andres lives ing bill this week in the House will not systemic corruption has led to a crack- downstairs from me with his mom and help matters, but only make them down on human rights and violence dad in the ground floor unit of a two- worse. Forcing people to enter the against democratic demonstrators. The flat in Portage Park in Chicago, and black market because there is no way country is lurching towards single- growing up with Grandma and Grandpa to go through our visa system will un- party, totalitarian rule. upstairs has distinct advantages. There doubtedly increase the number of times Rather than working with the oppo- is always someone to feed you, watch we hear about tragedies like the one in sition to serve the interests of the Ven- you, help you study, or just joke Texas and the number of parents, ezuelan people, Maduro is using his in- around. grandparents, and children who lose ev- fluence to grasp onto power, first, by Throughout much of the world and erything because we have failed to cre- having his henchmen on the Supreme throughout American history until ate and maintain a functioning immi- Court attempt to strip the National fairly recently, the idea that families gration system. Assembly of its powers, and now, by do not include grandparents is laugh- When Luis Andres turns 18 and is calling for an unelected constituent as- able. Multiple generations live to- able to vote, just like a million young sembly to rewrite Venezuela’s Con- gether or very nearby, and grand- Latinos like him every year are eligi- stitution. This is just another attempt parents, even great-grandparents, are ble, I know he will remember which to usurp and replace Venezuela’s an integral part of the family unit and party stood for and stood by families Democratic National Assembly with a share child rearing responsibilities. and which ones did not. Grandparents, puppet parliament loyal only to him. So when you are in Syria or Yemen, they are part of the American family This idea was recently rejected by 98 Central Africa or Central America, even if the Republicans don’t seem to percent of the 7.2 million Venezuelans places where surviving day to day think so. that participated in a nonbinding ref- erendum last week. Fortunately, the without being killed by gunmen, gov- f ernment, or gangs is not easy, ex- United States has been quick to show tended, multigenerational families not SHARING THE STORY OF HADAR solidarity with these freedom-loving only live together and support each GOLDIN people. I am grateful for the Presi- other, occasionally they have to flee to The SPEAKER pro tempore. The dent’s show of support and his direct safety together. Chair recognizes the gentleman from warning to Maduro of the strong and But not if Donald Trump has his way Florida (Mr. CURBELO) for 5 minutes. swift economic sanctions the United they don’t, or at least not when it Mr. CURBELO of Florida. Mr. Speak- States will take if he proceeds with the comes to coming here to America. er, I rise today to share and honor the constituent assembly. Thankfully, the American court sys- story of Hadar Goldin, an Israel De- The United States will no longer tem disagrees with our President on fense Forces soldier who was killed by stand by and watch Maduro and his this. Hawaii sued the President again Hamas terrorists and whose remains thugs ignore human rights and the rule and won an injunction again, and the have yet to be returned to his family. of law. There is a bipartisan consensus

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.003 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6219 that Maduro’s undemocratic and tyran- this vast coalition. It really isn’t a pro- Income-share agreements are inter- nical rule is unacceptable. file in courage to support legislation est free, and students only will make All options are on the table, and I that is endorsed by the U.S. Chamber those payments if they are employed look forward to continuing to work of Commerce, the AFL–CIO, contrac- and if they receive an income that with this administration and my col- tors, a variety of labor unions, road meets a certain threshold. This method leagues here in Congress to stand in builders, engineers, trucking compa- of financing puts less pressure on stu- solidarity with the democratic opposi- nies, and AAA. The widest coalition of dents to keep up with fixed high-inter- tion and the people of Venezuela. people supporting any major issue be- est payments while they are faced with f fore us deals with increasing the fuel job uncertainty. tax. Rather than accruing debt under the RAISING THE GAS TAX And it is interesting, for those who traditional student loan structure, this The SPEAKER pro tempore. The are worried that maybe there is some makes the investment in these stu- Chair recognizes the gentleman from political downturn, despite the fact dents’ future more equity-based. Their Oregon (Mr. BLUMENAUER) for 5 min- that the States have been able to sum- payments are guaranteed to be afford- utes. mon the courage. The American Road able, rather than fixed, and a certain Mr. BLUMENAUER. Mr. Speaker, we and Transportation Builders Associa- price. begin an unusual week here on Capitol tion did an extensive survey about who This is a much more manageable plan Hill, although unusual is sort of the were those intrepid legislators that for students, Mr. Speaker, who are new usual in Washington, D.C. voted to raise the gas tax since 2012. eager to get a career underway after The Senate begins deliberations on What they found is that those legisla- graduation and want to make sure that an 8-year Republican mission to repeal tors who had the courage and the vi- they are putting their degrees into the Affordable Care Act, and they don’t sion to do what was right for their practice in a field that they have stud- fully know what it is exactly they are States were reelected by an over 90 per- ied and have a passion for, rather than voting on. cent rate. feel constrained by the impending There is uncertainty in the House But this shouldn’t be about elections. weight of paying back loans right over both the budget and appropria- It should be about what is right for the away. tions, but, you know, there is an oppor- American people. Stepping up, meeting That is why I am co-authoring the tunity for Congress to take a step our obligations, so that the Federal Investing in Student Success Act. It is back, to do something that will make a Government is a full partner, working modeled after a program at Purdue huge difference for everybody from with State and local governments, University. At Purdue, an average stu- coast to coast, something that can working with the private sector, to be dent received a little over $13,000 in bring together a wide coalition of sup- able to meet the over $1.1 trillion of funding for tuition, paired with a stu- port and meet unmet needs. critical transportation needs between dent promise to pay back that money b 1015 now and 2025 ought to be the order of in 6 to 10 years after graduation in business. small percentages of their income. I am talking about addressing the I would hope that my friends in Re- The bill provides a legal framework unmet infrastructure needs for a coun- publican leadership would allow us to for private organizations to invest in try that is falling apart as we fall be- have just 1 week of hearings on this individual students through imple- hind. issue so that we can hear from the menting similar income-share agree- We haven’t raised the gas tax in 24 president of the U.S. Chamber of Com- ments. Doing so creates more options years. And in the course of that 24 merce, the president of the AFL–CIO, for payment and increases accessibility years, we have watched the value of the truckers, AAA, Republican legisla- for higher education. the Federal gas tax actually erode 40 tors of principle, people across the Today, the cost of tuition at a public percent, due to inflation and increased country who talk about the need to re- 4-year university is nearly quadruple fuel efficiency, while our needs con- build and renew America, make our what it was back in 1974. Due to rising tinue to go up each and every year. communities more livable, our families tuition costs and the increased need for Congress has put together a series of safer, healthier, and more economi- a college degree in the workforce, it is stopgap measures—gimmicks here and cally secure. more important now, more than ever there—which have not adequately met f before, to address the student loan debt those needs, and they have actually in- crisis and provide students with the re- creased the budget deficit. STUDENT DEBT CRISIS sources they need to graduate with I think back to mak- The SPEAKER pro tempore. The minimal loans. ing his Thanksgiving Day speech in No- Chair recognizes the gentleman from Income-share agreements also pro- vember of 1982, when he called on Con- Minnesota (Mr. PAULSEN) for 5 min- vide the flexibility that students need gress to come back from their recess utes. when faced with an uncertain job mar- and more than double the gas tax be- Mr. PAULSEN. Mr. Speaker, we con- ket and provide an alternative to the cause, he pointed out, it would put peo- tinue to hear about the challenges for traditional student loan repayment ple to work and improve road condi- college students who borrow more and structure. tions that were actually damaging peo- more to pay higher tuition rates and Mr. Speaker, as we look for ways to ple’s cars more than what modest in- then are saddled with huge debt loads make higher education more affordable crease they would pay. Well, Congress that they will have great difficulty and more accessible, we should be ad- did it, and we were better off as a re- paying back. vancing new innovative solutions to sult. I think each of us would do well The average debt for a 4-year college help students go to college without to look back at that speech that Ron- student today is nearly $37,000. We need that burden of high debt after gradua- ald Reagan gave, calling on Congress to to explore new ways to ensure that tion, and income-share agreements are step up and do its part. every student has the opportunity to another way of accomplishing this. The States are not sitting back. go to school, to develop their skills, f Since over the last 5 years, more than and then pursue their dreams without half of the individual States have gone feeling deterred by the price tag. SNAP CUTS IN HOUSE BUDGET ahead and raised their transportation I think we need to look at a new ap- The SPEAKER pro tempore. The funding. So far in 2017 alone, Cali- proach, an approach that would help Chair recognizes the gentleman from fornia, Indiana, Montana, Oregon, Ten- students pay for college. It is a concept Massachusetts (Mr. MCGOVERN) for 5 nessee, West , and South Caro- known as an income-share agreement. minutes. lina raised the gas tax. In fact, South It is a concept that would provide stu- Mr. MCGOVERN. Mr. Speaker, just Carolina raised the gas tax by over- dents the funding that they agree to weeks after President Trump released riding a Republican Governor’s veto. pay back as small, affordable portions his devastating budget which guts There are opportunities here for us to of their income over the years fol- SNAP, our Nation’s first line of defense be able to step forward and build on lowing graduation. against hunger, House Republicans

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.004 H25JYPT1 H6220 CONGRESSIONAL RECORD — HOUSE July 25, 2017 have joined in that effort, proposing tles the struggles of the working poor While attempting to secure Mount drastic cuts to our anti-hunger safety and tears apart our safety net. Their Suribachi, his unit came under intense net in the budget that they marked up awful budget is no exception. and concentrated fire, completely over- last week. Under the guise of ‘‘State flexi- whelming his unit. Two projectiles In their budget, House Republicans bility,’’ their budget proposes a block struck Mr. Bowling in the chest and have laid out their dangerous agenda: grant-like approach to administering leg, leaving him critically wounded on dramatic increases in defense spending SNAP. the battlefield. and tax cuts for millionaires, billion- Make no mistake, block-granting At that moment, Mr. Bowling said he aires, and corporations—all paid for by SNAP would make hunger worse in looked to the heavens and committed cuts to programs that help working this country, plain and simple. It to serving mankind for the rest of his families and those struggling to make would undermine the successful struc- life if he survived. Miraculously, a ends meet. ture of SNAP—its ability to expand as combat photographer and medical Among the proposed cuts, House Re- the economy struggles and contract in team then carried Mr. Bowling to the publicans are seeking $160 billion in times of economic prosperity. The pro- safety of a landing craft, where he wit- cuts to the Supplemental Nutrition As- posed structural changes would likely nessed the planting of the American sistance Program, known as SNAP, result in drastic funding cuts and re- flag atop Mount Suribachi, an iconic over 10 years. $150 billion of these cuts duced eligibility for the program. image that persists as one of the most come from structural changes to SNAP If State flexibility is the true goal, legendary and triumphant moments of and harsher work requirements and then my Republican friends are in the war. The U.S. Marines eventually time limits, and an additional $10 bil- luck. SNAP already has a number of took control of the island. However, lion would be fast-tracked through the options that States can adopt. What is this victory came at a heavy cost, as ironic is some of these State exceptions reconciliation process. over 6,800 U.S. servicemembers gave are exactly the provisions House Re- Mr. Speaker, SNAP is not an ATM. It their lives during the battle of Iwo publicans are seeking to do away with. is not money to be used for tax breaks Jima. for the wealthy, additional weapons The Republican budget also calls for additional work requirements of SNAP, In keeping faith with his commit- systems, or any corporate handouts. It ment to God made during that battle, is intended to help our most vulnerable relying on dangerous rhetoric that sug- gests that hardworking families who Mr. Bowling devoted over 78,000 hours neighbors purchase groceries and put rely on modest food benefits don’t want of volunteer service to others at the food on the table when times are to work or are somehow lazy. That Lexington VA Medical Center. For over tough. Simply put, SNAP helps people couldn’t be farther from the truth. 66 years, Mr. Bowling rose through the eat. I would like to point out that the ranks within the Disabled American For a meager $1.40 per person, per majority of people on SNAP who can Veterans organization, holding nearly meal, SNAP helps alleviate poverty, work, do work. Most people on SNAP every position possible, including State reduce hunger, and improve nutrition. are not expected to work or cannot commander. It is one of the most efficient and effec- work—they are kids, senior citizens, b 1030 tive Federal programs. But it is only and people who are disabled. But that The Bible teaches in Proverbs 21:21 $1.40 per person, per meal. And my is exactly who Republicans will hurt if that ‘‘He who pursues righteousness friends are proposing more cuts in this these dangerous proposals advance. and love finds life, prosperity, and program? If we are talking about how we can honor.’’ Mr. Speaker, I serve as the ranking help transition people who can work Mr. Bowling has brought great honor member on the House Agriculture into the workforce, you don’t do that upon himself through his dedication, Committee, Subcommittee on Nutri- by cutting the program by billions of determination, and love for serving the tion. Since 2015, the committee has dollars or by cutting people off from people of our community. Without a held 23 hearings on SNAP. In our hear- food aid. That does nothing to help doubt, he has remained true to the ings, we have heard from over 80 wit- people find jobs. It only makes people commitment he made on the rocky ter- nesses—Republican and Democrat— hungry. about ways to make SNAP even better. Mr. Speaker, I urge my Republican rain of Iwo Jima. But none of these witnesses—not one— colleagues to join me in rejecting these Mr. Bowling embodies the best of ever suggested changes like the ones damaging cuts, and to support invest- American ideals, values, and commit- proposed by President Trump and ments in our anti-hunger safety net ment to serving others, never aban- House Republicans. that will help end hunger now. doning the Marine motto of semper These Republican proposals are fidelis, ‘‘always faithful.’’ mean-spirited, and they are just as f On behalf of a grateful nation, I heartless as they are reckless. They do HONORING THE LIFE OF TROY would like to thank Mr. Bowling, a not reflect the realities of the program BOWLING model member of the greatest genera- or seek to understand the challenges The SPEAKER pro tempore. The tion, for his many years of service to faced by those living in poverty. They Chair recognizes the gentleman from our country and our community. He is don’t help struggling Americans find Kentucky (Mr. BARR) for 5 minutes. truly an outstanding American and an work, and they certainly don’t help ad- Mr. BARR. Mr. Speaker, I rise today inspiration to us all. dress the ‘‘benefit cliff,’’ as some of my to honor the life of an American pa- Troy Bowling, may you rest in peace. Republican colleagues have proposed triot and hero, Mr. Troy Bowling of f doing. Lexington, Kentucky, who completed CONCERNS OF THE DAY If Republicans were genuinely inter- his life’s service on June 17, 2017, at the ested in helping struggling families age of 90 years old. The SPEAKER pro tempore. The rise out of poverty, they would join His military service during World Chair recognizes the gentlewoman from Democrats in advocating for higher War II and his commitment to sup- Texas (Ms. JACKSON LEE) for 5 minutes. wages, more jobs, and better work sup- porting our veterans and the men and Ms. JACKSON LEE. Mr. Speaker, ports like childcare and transpor- women in uniform throughout his life this is a somber day today, and it is a tation. They would address affordable is an inspiration to us all. very important day in the history of housing shortages and help to improve At the age of 19, Mr. Bowling began the United States of America. access to healthcare. They would in- his service as a United States marine I have joined with Senator FRANKEN, crease investments in job training and and was a proud member of the Easy who indicated that, today, Senators of career and technical education. They Company, 2nd Battalion, 27th Marines, the will make would finally work with us to make 5th Division. During the United States one of the most significant votes, if not college more affordable. campaign to end the war against the most significant vote of their ca- But instead of working on these pri- Japan, Mr. Bowling’s unit was among reer, and it will be a vote that they orities, House Republicans are hell- the first to arrive on the beachheads of will long remember because, rather bent on pursuing an agenda that belit- Iwo Jima. than the serious and difficult decisions

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.006 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6221 of war and peace that, over the histor- crowd sizes, and then have the nerve to Congressional Bronze Medal their ical times of this body, many Members talk about the healthcare bill, not as a daughter had earned. While presenting have had to make that decision and be moment of conscience, not as a serious the award, I learned that Captain Hill, in the midst of the throngs of patriot- issue that would, in fact, make higher who served 28 years as a Navy pilot and ism, the vote that will be taken today costs. flew to protect America during three will be a vote that those Senators will Under the Senate bill, people will be combat tours, had retired shortly be- have brought on themselves; and it is a paying more than they have earned for fore Shauna’s death. vote that does not have to be taken, health insurance—well-documented. Of Following the tragedy, Captain Hill nor a movement that has to be moved; course, this is 22 million in the earlier was working with the Navy to try to and that is, to cause the American peo- period of the House bill. We now know reassign his benefits to his second ple to face a crumbling healthcare sys- it may be 32 million, and, as I have child, Haley, who was also planning to tem, to dismantle and diminish the said, 49 million by 2026. attend college. With almost 3 decades rights and obligations and opportuni- And then, of course, it cuts the pro- of distinguished service, Captain Hill ties for Americans, some 32 million, to tections for preexisting conditions. Of qualified for the full utilization of the have health insurance. course, it has a crushing age tax. If you education benefit, but the Navy said For me, it is both baffling and tragic are older, 55, you pay more. And then, Haley wasn’t eligible because edu- that Senators would make this a cam- of course, it undermines Medicare. It cation benefits under the GI bill cannot paign competition game, and that it interferes with the Medicare trust bill. be reassigned. only represents a notch in their belt. Yet the Commander in Chief is The Hills asked for my help, and my This does not have anything to do speaking before 45,000 or more young staff got to work. Unfortunately, we with providing healthcare for Ameri- men, patriots, Boy Scouts, and talking found out that the Navy’s hands were cans. It doesn’t have anything to do about the healthcare bill and calling tied. Current law does not allow the with what doctors say, what hospitals out Senator CAPITO from West Vir- transfer of education benefits after a say, what rural hospitals need, what ginia: You better make her vote for it. servicemember has retired. No waivers individuals with chronic illnesses need, What kind of leadership and heart is are permitted, even in such tragic cir- or those who have been diagnosed with that? What are we dealing with here in cumstances. devastating cancer. It has nothing to this Nation? I promised the Hills that I would do with children who are in desperate I don’t have to say anything, Mr. seek a legislative solution. In February need of healthcare. Speaker, about this individual. As I of this year, I introduced H.R. 1112, the It has nothing to do with two young close, let me simply say that I am in- Shauna Hill Post 9/11 Education Bene- people who I met; one who was experi- troducing a resolution to stop any fits Transferability Act. This bill would permit the reassignment of vet- encing autism, who sought to live inde- President from firing the special coun- erans’ education benefits in cases pendently and could not do so without sel, and any President from abusing where the designated beneficiary Medicaid, or one who had a chronic ill- the pardon by pardoning anybody who passes away. ness of which, between 2015 and 2016, he is under investigation for the Russian Losing a child is the worst thing I spent or had to spend $700,000 to live, involvement in our elections. We have can imagine, and surely Congress and, in the last 6 months, he had to to do this, sadly, because we are not fo- didn’t intend to exclude the ability to spend $73,000, none of which would have cused on governing; we are focusing on transfer benefits to a surviving child or been possible without the Affordable insulting. spouse. Care Act. The SPEAKER pro tempore. Mem- The bill I introduced would correct So what is happening in the Senate bers are reminded to refrain from en- this oversight, and it has received sup- this afternoon? What vote of courage is gaging in personalities toward the port from many veterans’ groups. being taken? What vote of improving President. These include: the Concerned Veterans the lives of Americans when the Senate f for America, the Military Order of the bill, TrumpCare, will cause 49 million Purple Heart, the Student Veterans of people to not have their insurance by VETERANS EDUCATION BENEFITS SHOULD BE TRANSFERABLE America, AMVETS, the Air Force Ser- 2026? geants Association, the Association of It will cause rural hospitals to sim- The SPEAKER pro tempore. The the United States Navy, and the Na- ply crumble. I am from Texas. We have Chair recognizes the gentleman from tional Military Family Association. a huge system of rural hospitals help- Idaho (Mr. LABRADOR) for 5 minutes. This month, VA Committee Chair- ing my constituents, and those hos- Mr. LABRADOR. Mr. Speaker, I rise man ROE and Ranking Member WALZ pitals will face disaster. Or the Texas today in honor of an amazing Idaho included my bill in the bipartisan GI Medical Center, like major hospital family which has taken a horrible per- Bill, the Harry W. Colmery Veterans configurations across the Nation, sonal tragedy and turned it into a Education Assistance Act of 2017. This where major research is being done, un- cause that will benefit many other bill passed the House last night, and I dermined by the vote that will be families in the years to come. I am re- was proud to join my colleagues in vot- taken. ferring to the family of Shauna Hill, a ing for it. It saddens me because I think the 16-year-old girl who lived in Eagle, I am grateful to Chairman ROE and American people believe that we come Idaho, in my district, and who trag- Ranking Member WALZ for including to this place, we take this oath of of- ically lost her life in 2012. my bill in their legislation. I am also fice, to do what is right for America. At the time of her untimely death, thankful to Senator CRAPO, who has in- This is not political chips. This is not Shauna was a junior at Eagle High troduced companion legislation in the dominos. This is not a game. School. She was a competitive figure Senate. Now that the House has acted, And to the Commander in Chief, for skater and ice dancer and played the it is my hope that the Senate will act you to be in front of the Boy Scouts— violin in her school orchestra. She even too and, from there, our bill can be my husband and my son were Boy performed with the orchestra at New signed into law. Scouts, and I sit on the Boy Scout York’s Carnegie Hall. This legislation will mean a great board. I am offended by your words. I She was also working to qualify for a deal to the Hills. It will be a great com- am offended because I know how hard Congressional Silver Medal for public fort to them and all those who have ex- my son worked. I know how my hus- service, personal development, and perienced such a terrible loss. As a band cherishes his status as an Eagle physical fitness. She aspired to attend grateful nation, it is the least that we Scout, and I know what the jamboree Stanford University and become a doc- can do, and America must always be a means because my child went to it, and tor. Sadly, she lost her life in a car ac- grateful nation. I know how excited those young patri- cident on her way home from orchestra The Harry W. Colmery Veterans Edu- ots are. practice. cation Assistance Act of 2017 keeps our Yet the Commander in Chief would I first met Shauna’s parents, Captain promises to our veterans and their come and speak about former President Edward Hill and his wife, Heidi, in 2013, families, especially when they need it Obama in a dastardly way, talk about when I helped present them with the the most.

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.008 H25JYPT1 H6222 CONGRESSIONAL RECORD — HOUSE July 25, 2017 RECESS There was no objection. TRUMP ADMINISTRATION The SPEAKER pro tempore. Pursu- Mrs. MCMORRIS RODGERS. Mr. SABOTAGING ACA ant to clause 12(a) of rule I, the Chair Speaker, I am pleased to welcome Pas- (Mr. GENE GREEN of Texas asked declares the House in recess until noon tor Lonnie Mitchell today to the peo- and was given permission to address today. ple’s House. He accepted the call to the House for 1 minute.) Accordingly (at 10 o’clock and 41 ministry in 1985 under the AME church Mr. GENE GREEN of Texas. Mr. minutes a.m.), the House stood in re- and came to Spokane, Washington, in Speaker, recently, we learned the cess. 1991. He moved his young family and Trump administration has diverted has been there ever since, leading his f taxpayer funds allocated for the enroll- congregation under the theme to be ment in the Affordable Care Act activi- b 1200 ‘‘the cathedral of love, where every- ties to create social media videos and AFTER RECESS body is somebody and Jesus is the cen- content claiming that the Affordable ter of attraction.’’ Care Act is failing, a deliberate act of The recess having expired, the House He also started the AHANA Business sabotage. Instead of making sure was called to order by the Speaker at and Professional Organization, which Americans remain healthy and improve noon. was formed for persons of color. He the risk pool, the HHS is peddling on- f started Unity in the Community in line propaganda to discourage enroll- PRAYER Spokane, which is now the largest ment and health insurance. multicultural celebration in the inland According to the Kaiser Family Reverend Lonnie Mitchell, Sr., Beth- Northwest, 22 years strong. He has his Foundation, the ACA markets are sta- el African Methodist Episcopal Church, master’s from Gonzaga University, bilized, and there is simply no evidence Spokane, Washington, offered the fol- which is our local Jesuit university, of death spirals or collapsing markets. lowing prayer: but is a proponent of bringing faith and According to reliable polls, over 50 per- O Lord God, pour out Your presence government together to build and sus- cent of the American people are in sup- and Your power upon this opening ses- tain healthy communities. port of the Affordable Care Act. That is sion of the U.S. House of Representa- It was great to have him here today. real news. tives. Please empower our leaders to The President has repeatedly de- deliberate, collaborate, and, when nec- f clared that he would let the ACA fail essary, compromise for the good of our just to score political points. It is un- Nation. ANNOUNCEMENT BY THE SPEAKER believable that a sitting President As President Lincoln said: With mal- PRO TEMPORE would wish catastrophic harm on his ice toward none, with charity for all, own people, but, unfortunately, that is with firmness in the right, as God gives The SPEAKER pro tempore (Mr. what is happening. us to see the right, let this Congress BANKS of Indiana). The Chair will en- tertain up to 15 further requests for 1- Colleagues, the ACA is not failing on strive on to finish the work they are in, its own. It is being actively sabotaged to bind up the Nation’s wounds . . . to minute speeches on each side of the aisle. by the President and our Republican do all which may achieve and cherish a Congress. The administration has re- just and lasting peace among every- f peatedly wavered in its responsibility body and with all nations. to administer cost-sharing reduction God, we the people in the land of the payments, relaxed enforcement of the free and the home of the brave des- CARE CORPS DEMONSTRATION ACT insurance mandate, and refused to help perately need You now and forever- State governments shore up their own (Ms. ROS-LEHTINEN asked and was more. O that You would bless this ses- healthcare exchanges. sion and the leaders in this House and given permission to address the House The majority and the Trump admin- all branches of our government. for 1 minute.) istration should quit playing politics Respectful of all faiths, in Jesus the Ms. ROS-LEHTINEN. Mr. Speaker, I with our healthcare system. Christ I pray. would like to highlight the Care Corps f Amen. Demonstration Act, a bill that Con- f gresswoman MICHELLE LUJAN GRISHAM HELLO GORGEOUS! and I will be introducing this week. (Mrs. WALORSKI asked and was THE JOURNAL Every year, millions of seniors and given permission to address the House The SPEAKER. The Chair has exam- individuals with disabilities find them- for 1 minute and to revise and extend ined the Journal of the last day’s pro- selves in need of long-term care and her remarks.) ceedings and announces to the House services. However, our Nation faces a Mrs. WALORSKI. Mr. Speaker, I rise his approval thereof. critical shortage of caregivers. To ad- today to honor the life of Michael Pursuant to clause 1, rule I, the Jour- dress this growing problem, I have Becker, to celebrate the positive im- nal stands approved. joined MICHELLE to introduce the Care pact that he has had in our commu- f Corps Demonstration Act. nity. This commonsense and bipartisan In 2006, Michael and his wife, Kim, PLEDGE OF ALLEGIANCE bill will create a grant program that founded the not-for-profit Hello Gor- The SPEAKER. Will the gentleman will provide compassionate young men geous!, which brings joy to women from Indiana (Mr. BANKS) come for- and women an opportunity to gain val- fighting cancer by giving them a red ward and lead the House in the Pledge uable experience working with seniors carpet experience complete with a of Allegiance. and individuals with disabilities across makeover and spa. Mr. BANKS of Indiana led the Pledge our great land. Reaching 15 States with mobile day of Allegiance as follows: Care Corps will not only help em- spas and affiliate salons, Hello Gor- I pledge allegiance to the Flag of the power our young adults to meet our geous! has provided unforgettable expe- United States of America, and to the Repub- Nation’s senior needs, but it will also riences to thousands of women all over lic for which it stands, one nation under God, provide them with essential edu- the country. indivisible, with liberty and justice for all. cational assistance and give them an The organization Michael and Kim f opportunity to start or further their built together and the mission they de- WELCOMING REVEREND LONNIE careers as caregivers. voted themselves to brings happiness MITCHELL, SR. Mr. Speaker, I encourage my col- and hope where it is needed most. leagues to cosponsor this bill so that Their passion, drive, and faith inspire The SPEAKER. Without objection, our seniors and those with disabilities us all, and their selfless generosity is the gentlewoman from Washington receive the care they so desperately an example we should strive to follow. (Mrs. MCMORRIS RODGERS) is recog- need while empowering our youth to Mr. Speaker, it is an honor and a nized for 1 minute. advance their careers. privilege to represent such kind and

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.009 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6223 giving people. Michael lived a life full HELPING AMERICANS FIGHT BACK In conclusion, God bless our troops, of love, laughter, and spirit. My (Mr. KENNEDY asked and was given and we will never forget September the thoughts are with Kim and everyone at permission to address the House for 1 11th in the global war on terrorism. Hello Gorgeous! in whose work, I have minute and to revise and extend his re- f no doubt, Michael’s memory will live marks.) WE MUST DO BETTER on. Mr. KENNEDY. Madam Speaker, I (Mrs. CAROLYN B. MALONEY of met Ted a few weeks ago. He is a brick- f New York asked and was given permis- layer from Fall River, Massachusetts. sion to address the House for 1 minute.) PASSAGE OF THE GI BILL It is hard, proud work, the kind that Mrs. CAROLYN B. MALONEY of New (Mr. HIGGINS of New York asked and comes with frequent physical injury. York. Madam Speaker, I have been lis- was given permission to address the Ted is no exception. tening daily to heartbreaking stories House for 1 minute.) Then came the opioid prescriptions. from real people about their health Mr. HIGGINS of New York. Mr. Then came a long and painful road to challenges and what the repeal of the Speaker, the Servicemen’s Readjust- addiction. Affordable Care Act would mean to ment Act of 1944, also known as the GI But Ted fought back. By force of will, them. Bill, has since provided tens of millions faith, he pulled himself up, he got People like Peter Morley, who sur- of returning Active-Duty veterans with treatment, and he got clean. But his vived cancer and now lives with lupus— help buying a home, starting a busi- most recent injury cost him his job and he won’t be able to afford his lifesaving ness, and going to college. Also, in ad- his health insurance, and a new diag- infusions if repeal happens. dition to doing the right thing, the GI nosis just came in: liver cancer. For Baby Theo, born with two holes Bill fundamentally transformed the Madam Speaker, this is where a sys- and an enlarged kidney, the return of American economy from an industrial- tem proves what it is made of. When lifetime caps would mean the loss of based economy to a knowledge-based our people are sick, when they are insurance for him. economy. tired, when they are terrified, and And Red Raccoon, an Iraq war vet- I was proud to support H.R. 3218 this when they have given everything that eran suffering from PTSD, he relies on week that would renew this commit- they have got, do we abandon them? Medicaid to supplement the inadequate ment. The bill provides expanded edu- No. We pull them up. We bet on their VA system. cational benefits for servicemembers resilience because there is nothing Each of them and millions more will and their families, including the elimi- more fundamentally American than suffer if repeal or replace goes forward. nation of time restrictions on edu- the belief that our people survive, they I believe we are a greater, more caring cation credits for veterans who reenter endure, and they rise to fight again. nation than this. I believe we can, we civilian life in 2013 or after. They deserve a government that will shall, we must do better. GI benefits should not come with an jump into the ring by their side. Today expiration date. Our veterans deserve is that test of what is good and decent f our respect unexpired for their service for our people. INDIANA’S FISCAL STRENGTH to our country. This bill affirms that f (Mr. BANKS of Indiana asked and obligation. was given permission to address the THANK YOU, CANDACE RICH f House for 1 minute and to revise and (Mr. WILSON of South Carolina extend his remarks.) CONGRATULATING CAPTAIN PHIL- asked and was given permission to ad- Mr. BANKS of Indiana. Madam LIP DAWSON III ON HIS RETIRE- dress the House for 1 minute and to re- Speaker, here in Washington, we are MENT vise and extend his remarks.) currently in the middle of an impor- (Mr. DUNN asked and was given per- Mr. WILSON of South Carolina. tant debate on the Federal budget. mission to address the House for 1 Madam Speaker, it is with sincere It is clear that dramatic changes minute and to revise and extend his re- gratitude and appreciation I have the need to be made in the way that tax- marks.) opportunity to recognize Candace Rich, payer dollars are spent. We need to get Mr. DUNN. Madam Speaker, I rise legislative assistant for South Caro- our Nation’s fiscal house in order. today to congratulate Captain Phillip lina’s Second Congressional District. I As we consider important reforms, Dawson on his retirement from the will always appreciate Candace for her we would be wise to turn to my home United States Navy. On Friday, Cap- years of service on behalf of the people State of Indiana. Last week, Indiana tain Dawson will complete a nearly 4- of South Carolina. State Auditor Tera Klutz announced year tour as the commanding officer of A native of Virginia, Candace is an that our State currently has a rainy the Naval Surface Warfare Center, Pan- esteemed alumna of the University of day fund of nearly $1.8 billion. Contrast ama City, Florida. South Carolina, with degrees in history that with a nearly $20 trillion national A 1988 graduate of the United States and political science. She also earned a debt here in Washington. Naval Academy, Captain Dawson first master’s of arts in instruction and cur- As Auditor Klutz noted in a press served on the USS Tattnall as the anti- riculum from Angelo State University. conference last week: ‘‘Hoosiers can submarine warfare officer and, later, She is truly dedicated to public serv- rest assured that their government on the USS Harry E. Yarnell as the fire ice, beginning as an intern in the dis- takes the task of managing taxpayers’ control officer. trict office starting in 2010 before join- money seriously. Just like people Captain Dawson assumed command ing the staff in 2014. across the State live within their of the Naval Surface Warfare Center in Candace’s experience on healthcare, means, Indiana has worked hard to 2013, where he led the center in a wide education, and workforce issues, com- spend less than we take in, invest in array of missions, including littoral bined with a genuine desire to serve our priorities, and retain resources in warfare, coastal defense, and special constituents, has made a difference. the event of an economic downturn.’’ missions. This base is also home to the Candace was crucial in helping Repub- To get our fiscal house in order, we U.S. Navy Dive School, where all of the licans pass and have signed a record need more of this Hoosier common divers from all of our services are number of bills this year. sense in Washington. The attitude and trained. It is with mixed feelings but great approach that has worked well in Indi- Captain Dawson’s selfless sacrifice to happiness that I bid Candace farewell. ana should be a model for the Nation. this country and dedication to our She is moving on next week to a new f Navy is truly inspiring. Madam Speak- role teaching social studies at Central er, please join me in thanking Captain High School in San Angelo, Texas. I AMERICAN PEOPLE TO PAY FOR A Dawson, his wife, Belinda, and their know her parents, Tim and Angela, WALL three children for their years of service along with her brothers, Aaron and (Mr. AGUILAR asked and was given and sacrifice, and wish them luck as Adam, join me in recognizing her permission to address the House for 1 they enjoy a new chapter in life. achievements. minute.)

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.011 H25JYPT1 H6224 CONGRESSIONAL RECORD — HOUSE July 25, 2017 Mr. AGUILAR. Madam Speaker, the Senate, will make a real difference in private sectors. And he served two appropriations bills we are talking people’s lives. terms on the Modesto City Council. about today should be about providing And we will keep working hard on Dave went on to represent the 25th Dis- critical funds to keep our servicemem- the issues that matter, even if it trict in the California State Assembly bers safe, take care of our veterans, doesn’t always make the headlines. for 6 years prior to being elected to the and support necessary defense pro- f State senate in 2006. He served as the grams. It should not be about helping California State Senate Republican ECONOMY NOT WORKING THE WAY President Trump keep a campaign leader from 2008 to 2009, in addition to IT SHOULD promise that has no grounding in re- numerous committees, including Pub- ality. (Mrs. BUSTOS asked and was given lic Safety, the Revenue and Taxation, House Republicans’ reckless decision permission to address the House for 1 and the Joint Legislative Audit Com- to force the American people to pay for minute.) mittees. a wall that does nothing to increase Mrs. BUSTOS. Madam Speaker, the A real estate appraiser by trade, our security or to solve real problems economy simply is not working the Dave served as Stanislaus as- facing our immigration system is both way it should. Millions of hardworking sessor from 2011 to 2013, after which he wasteful and counterproductive. men and women across the heartland joined the California Building Industry This wall will cost American tax- feel the American Dream has slipped Association as CEO and president in payers $1.6 billion. That is $1.6 billion out of reach. October of 2013. that could go toward helping veterans In places like Galesburg, Hanover, For his many years of an exemplary or getting our servicemembers the re- and Freeport, Illinois, too many of the legislative career, Dave was awarded sources they need to stay safe while families I serve have seen their jobs the prestigious Profile in Courage they risk their lives defending our boxed up and shipped to places like Award from the John F. Kennedy Li- country. Mexico and China. To make ends meet, brary Foundation in 2010. That was just Rather than come to the table to many of them have had to take on two one of the many recognitions he re- work on meaningful bipartisan and or three minimum wage jobs. ceived throughout his lifetime. That is not the American Dream that long-term solutions to fix our broken Dave and his wife, Stephanie, were we believe in. We believe in an America immigration system, House Repub- married for 47 years. They have a son, where we never give up on the fight for licans would rather give American David, Jr.; a daughter, Meghan Merrell; better jobs, better wages, and a better families’ paychecks to President and three grandchildren, Connor, future for all of our families. Trump so he can build this wall. Katie, and Cooper. This is why I was proud to help We are here to do the people’s work. Madam Speaker, please join me in Building this wall doesn’t do the peo- present the American public with our ‘‘Better Deal’’ economic agenda. To- honoring and recognizing California ple’s work. It soothes the President’s State Senator Dave Cogdill for his un- ego at the expense of American fami- gether, we will help 10 million hard- working Americans find good-paying, wavering leadership and friendship. He lies. had a long history of service to Cali- I urge my colleague to oppose this full-time jobs by making bold invest- ments in our roads and bridges, and fornia and to our community. He will bill if this dangerous and divisive pol- be greatly missed. icy rider is included. doubling our investments in workforce training and apprenticeships to con- f nect workers with the skills that em- f b 1215 ployers need. And while wages will go up, costs will HONORING SERGEANT JOE WE ARE DOING THE WORK OF THE go down by reducing the price of pre- MURRAY PEOPLE AND KEEPING OUR scription drugs and making childcare PROMISES (Mr. LAWSON of Florida asked and more affordable. was given permission to address the (Mr. WALBERG asked and was given The American people are tired of ex- House for 1 minute.) permission to address the House for 1 cuses from Washington. They want real minute.) Mr. LAWSON of Florida. Madam action, and we have a real plan. Speaker, last week, we all learned the Mr. WALBERG. Madam Speaker, all f too often, the important work we are tragic news that a military transport doing in the people’s House does not HONORING THE LIFE OF DAVID plane crashed into the Mississippi get the attention it deserves. COGDILL, SR. Delta. Sixteen marines, who coura- So far this year, we have rolled back (Mr. DENHAM asked and was given geously fought to defend our country, 14 overly burdensome regulations from permission to address the House for 1 died from this unfortunate event. the Obama administration, saving tax- minute and to revise and extend his re- One of those marines was Sergeant payers billions of dollars in the proc- marks.) Joe Murray of Jacksonville, Florida. I ess. Mr. DENHAM. Madam Speaker, I rise would like to take this moment to ex- We passed landmark reforms that are today to acknowledge and honor the press our deepest condolences to Ser- now law to bring greater account- life of a cherished leader and great geant Murray’s family and friends. Our ability and better care to the Veterans friend, former California State Senator thoughts and prayers are with you. Administration. Dave Cogdill, Sr. The beloved husband, Sergeant Murray was a husband to Here in the House, we kept our prom- father, and grandfather passed away at Gayle Murray, and a father of four ise to rescue families from the col- the age of 66 on Sunday, surrounded by beautiful children—Isaac; Annabelle; lapsing ObamaCare law. his family. and twins, Judah and Micah. He was We have taken action to rebuild our Born on December 31, 1950, Dave known for being a family man who military, give our troops the biggest spent most of his adult life in public cared deeply for those around him. pay raise in 8 years, and expand the GI service. That public service started Murray was a member of a special op- Bill to improve educational benefits. when he enlisted in 1970 in the Air erations team and was promoted three We have enhanced border security Force Reserve, serving in the Air Na- times in the first 3 years he was in the and public safety by passing Kate’s tional Guard, as well as on Active Marine Corps and was deployed to Af- Law. Duty. ghanistan twice. And we have passed measures to In 1975, he was elected as a member The son of a Navy man, Sergeant strengthen career and technical edu- of the Board of Directors of the Bridge- Murray will always be remembered as a cation, combat human trafficking, and port Fire Protection District in Mono true American hero. I will continue to reform the FDA to encourage medical County. He moved to Modesto in 1979 pray for him and his family and for innovation. and built his real estate appraisal busi- every soldier out there protecting our Madam Speaker, these policies, and ness while serving on various boards great country. many more that are languishing in the and commissions in both the public and May he rest in peace, and semper fi.

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.014 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6225 WELFARE TO WORK PROGRAM brought the addition of the Sculpture putting up with me for 30 years—30 (Mr. MARSHALL asked and was Court, featuring works by Marion San- years ago today. Madam Speaker, as we all know, be- given permission to address the House ford. hind every good man is a great woman. for 1 minute.) Today, the Crary Art Gallery is dedi- I wanted to come to the floor to thank Mr. MARSHALL. Madam Speaker, cated to enriching the region’s cultural her for helping raise our three boys, there are 20,000 open jobs in Kansas and offerings through noteworthy tem- helping make sure that we attend an unemployment rate of 3 percent. porary exhibitions and the display of historical works. church faithfully, and putting up with This is a 16-year low for our State. the hectic life that a lot of our con- However, we face only a 63 percent na- Beginning August 18, the gallery will celebrate its 40th anniversary with the stituents don’t understand living in tional workforce participation rate. two places at one time, trying to man- Almost 40 percent of our country’s Ruby Exhibition, which will fill the en- tire museum with the finest works age a family in another State, while we labor force has given up on finding a are gone almost half of the year. job, or has lost motivation to work. from its Permanent Collection, much of which has not been seen in many So I come to the floor just to pause In Kansas, a top concern I have heard and thank my beautiful wife, Karen, over our 40 townhalls this year is the years. I wish the Crary Art Gallery the best for sticking with me for 30 years. need for a stronger workforce. f My colleagues and I must start work as it celebrates 40 incredible years of on a welfare to work program—a set of enriching the lives of those in the com- b 1230 munity with its invaluable cultural im- policies that will empower people to PROVIDING FOR CONSIDERATION pact. find a job that lifts them out of pov- OF H.J. RES. 111, PROVIDING FOR erty and lifts their spirit with a sense f CONGRESSIONAL DISAPPROVAL of purpose. CELEBRATING ESTES PARK’S OF THE RULE SUBMITTED BY Let’s empower those across the coun- 100TH ANNIVERSARY BUREAU OF CONSUMER FINAN- try to get the training they need for a (Mr. POLIS asked and was given per- CIAL PROTECTION RELATING TO rewarding career and a quality of life mission to address the House for 1 ARBITRATION AGREEMENTS that turns the tide of poverty and un- minute and to revise and extend his re- Mr. BUCK. Madam Speaker, by direc- certainty toward personal and societal marks.) tion of the Committee on Rules, I call prosperity. Mr. POLIS. Madam Speaker, I rise up House Resolution 468 and ask for its f today in celebration of the 100th anni- immediate consideration. The Clerk read the resolution, as fol- BORDER WALL FUNDING versary of the founding of Estes Park, Colorado—the gateway to Rocky lows: (Mrs. TORRES asked and was given Mountain National Park and one of the H. RES. 468 permission to address the House for 1 many treasured mountain towns in our Resolved, That upon adoption of this reso- minute.) beautiful Second Congressional Dis- lution it shall be in order to consider in the Mrs. TORRES. Madam Speaker, I rise House the joint resolution (H.J. Res. 111) pro- trict of Colorado. viding for congressional disapproval under to express my disappointment that Re- Over 150 years ago, pioneers of the publican leadership has added some- chapter 8 of title 5, United States Code, of mountain west settled in Estes Park. the rule submitted by Bureau of Consumer thing as controversial as funding for Homesteaders came from all walks of Financial Protection relating to ‘‘Arbitra- the border wall to a critical bill fund- life. tion Agreements’’. All points of order ing our Nation’s defense. In April of 1917, the formal incorpora- against consideration of the joint resolution There is a reason those who live on tion of the town of Estes Park took are waived. The joint resolution shall be con- sidered as read. All points of order against the border and know the region best place, ensuring our community could don’t want this wall. They know this provisions in the joint resolution are waived. continue to serve the growing needs of The previous question shall be considered as wall won’t keep us safe, and they know those living in and visiting the beau- ordered on the joint resolution and on any it won’t stop illegal immigration. tiful valley. amendment thereto to final passage without Instead of wasting $1.6 billion in tax- Since its incorporation, Estes Park intervening motion except: (1) one hour of payer dollars on a piece of security the- has been a vital community partner in debate equally divided and controlled by the ater, DHS should focus its limited re- growing the outdoor recreation econ- chair and ranking minority member of the sources on its declared mission, which Committee on Financial Services; and (2) omy, playing host to 4.5 million visi- one motion to recommit. is ‘‘to safeguard the American people, tors to Rocky Mountain National The SPEAKER pro tempore (Mrs. our homeland, and our values.’’ This Park, making it the single most pop- wall does none of that. WALORSKI). The gentleman from Colo- ular tourist attraction in our entire rado is recognized for 1 hour. Madam Speaker, I urge my col- State. The iconic Stanley Hotel and leagues to stop playing politics with Mr. BUCK. Madam Speaker, for the the Historic Park Theatre are just a purpose of debate only, I yield the cus- our security and bring a clean bill to few of the iconic landmarks in Estes the floor. tomary 30 minutes to the gentleman Park. from Colorado (Mr. POLIS), pending f Estes Park’s ZIP Code is 80517, and on which I yield myself such time as I August 5, 2017—8/5/17—Estes Park will CELEBRATING CRARY ART may consume. During consideration of have its official centennial celebra- GALLERY’S 40TH ANNIVERSARY this resolution, all time yielded is for tion—80517. I am incredibly proud to the purpose of debate only. (Mr. THOMPSON of Pennsylvania represent the community of Estes Park GENERAL LEAVE asked and was given permission to ad- and its citizens in Congress, and I am Mr. BUCK. Madam Speaker, I ask dress the House for 1 minute and to re- thrilled to celebrate the 100th anniver- unanimous consent that all Members vise and extend his remarks.) sary of Estes Park. may have 5 legislative days in which to Mr. THOMPSON of Pennsylvania. f revise and extend their remarks. Madam Speaker, I rise today to cele- RECOGNIZING THE 30TH ANNIVER- The SPEAKER pro tempore. Is there brate the 40th anniversary of one of the objection to the request of the gen- treasures of the Pennsylvania’s Fifth SARY OF JOHN AND KAREN SHIMKUS tleman from Colorado? Congressional District, the Crary Art There was no objection. Gallery. The Crary Art Gallery was es- (Mr. SHIMKUS asked and was given Mr. BUCK. Madam Speaker, I rise tablished in 1977 in Warren, Pennsyl- permission to address the House for 1 today in support of the rule and the un- vania, by painter Gene Crary, and fea- minute and to revise and extend his re- derlying resolution. tured works by her late husband, the marks.) Congressional Review Act resolutions photographer, Clare J. Crary. Mr. SHIMKUS. Madam Speaker, as must follow a prescribed form accord- In 1988, the gallery expanded to in- my colleague from Colorado recognized ing to law. This rule provides for con- clude the Oriental Room and the Foun- the 100th anniversary of Estes Park, I sideration of H.J. Res. 111 in keeping tain Room. Its reopening in 2000 take to the floor to thank my wife for with that form.

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.016 H25JYPT1 H6226 CONGRESSIONAL RECORD — HOUSE July 25, 2017 Madam Speaker, we are here today to action by signing an executive order Authorization for Use of Military prevent Federal overreach by the Con- that requires two regulations be elimi- Force. We really need to start making sumer Financial Protection Bureau, nated for every new regulation that is some decisions about the direction of also known as the CFPB. According to proposed. our military. Representative LEE’s the D.C. Circuit Court, this unaccount- President Trump has exceeded those amendment would have forced Con- able government agency has more uni- expectations in his first 6 months. For gress to have that discussion. lateral authority than any single com- every new proposed rule, he has elimi- Congress, unfortunately, seems to missioner or board member in any nated 16 regulations. only work—or works best—when we are other independent agency in the United Unfortunately, he has limited tools on the clock, the day or two before the States Government. to rein in the Consumer Financial Pro- expiration of funding, the day or two On July 10, 2017, the CFPB exercised tection Bureau, because it was de- before an arbitrary time limit. This that vast authority by issuing a 776- signed to be unaccountable under would apply a similar test to force Con- page final rule that restricts the abil- Dodd-Frank. This is an agency that gress to have a discussion around the ity of consumers to enter into arbitra- continues to be run by an unchecked Authorization for Use of Military tion agreements. The CFPB’s mis- Director. The structure of the bureau Force. guided rule effectively eliminates arbi- has even been ruled unconstitutional I have full confidence that, had that tration clauses, instead forcing con- by the judicial branch. time not been met, Democrats and Re- sumers into significantly more burden- A few weeks ago, the House of Rep- publicans could have provided addi- some court proceedings. Eliminating resentatives passed legislation to re- tional short-term extensions for the this overbearing rule is a big win for structure the Consumer Financial Pro- Authorization for Use of Military consumers. tection Bureau, restoring congressional Force until such time Congress could Arbitration is an alternative to the oversight duties and moving the agen- come together to pass a new one, agree judicial system, and it often results in cy back under the regular legislative with the Senate, and send it to the a better outcome for consumers. Ac- appropriations process. I hope the Sen- President’s desk. cording to the CFPB’s own study, arbi- ate will consider this bill and bring ac- Now on to the matters at hand. This underlying resolution of dis- tration can be up to 12 times faster countability to the Consumer Finan- approval weakens consumer protec- than litigation. This study also found cial Protection Bureau. tions while protecting big banks rather that a class action lawsuit’s average I urge my colleagues to support this than consumers. This rule was crafted payout was just $32 per person, not resolution and the underlying bill, and by the Consumer Financial Protection even close to the $5,389 awarded on av- eliminate the bad antiarbitration rule Bureau to help restore consumer rights erage from arbitration. issued by the Consumer Financial Pro- and give consumers the ability to join Moreover, it costs less for consumers tection Bureau. together when they are taken advan- to file an arbitration complaint than it Madam Speaker, I reserve the bal- ance of my time. tage of by big banks. does to file a new complaint in Federal Instead of debating ways to improve Mr. POLIS. Madam Speaker, I yield court, making the arbitration system consumer protections or increase ac- myself such time as I may consume, more accessible to all Americans. cess to financial services, my col- and I rise in opposition to the rule and Arbitration allows parties to use an leagues instead have brought a Con- the underlying legislation, H.J. Res. independent mediator, instead of hiring gressional Review Act resolution that 111, disapproval of the Consumer Fi- expensive lawyers, to settle a dispute. would stop our own financial safety nancial Protection Bureau’s arbitra- While the rule promulgated by the Con- mechanisms from taking any future ac- tion rule. sumer Financial Protection Bureau is a tion on arbitration clauses in consumer Before turning to the underlying leg- bad deal for consumers, it is a huge win financial products. for trial lawyers, who make an average islation, I want to raise concerns about Now, we have all seen these arbitra- of $1 million per case. the bulk of the work this week, which tion clauses. You might need a magni- The legislation being considered is the so-called minibus appropriations fying glass because the font is small, today would eliminate the CFPB’s pro- bill, in which this body will seek to the contract is large. Even sophisti- hibition on an individual’s right to spend over $700 billion of deficit ex- cated consumers often don’t know that enter into contracts that include arbi- penditures. That funding bill combines by unilaterally signing those rights tration agreements. four major appropriations bills and rep- away, they are removing their ability The Congressional Review Act allows resents more than half of discretionary to address their grievances in court. In Congress to eliminate a rule from the spending. It includes our spending for many cases, removing the ability to executive branch, and prevents a sub- the legislative branch, veterans, energy have any justice because when you stantially similar rule from being pro- and water, and the Department of De- have a large class, each of whom suf- posed in its place. fense. fers a small amount of damage, even Checks and balances between the Unfortunately, there is additional the cost of administering an arbitra- three branches of government are the deficit spending that my colleagues on tion claim can be prohibitive if the cornerstone of our Constitution. The the other side of the aisle have decided claim per affected individual is $50, $75, Congressional Review Act allows Con- to put in the bill, providing $1.6 billion or $100. Absent these kinds of protec- gress to exercise our Article I author- to build a border wall, directly con- tions, you give broad license for big ity and stop executive overreach that trary to the promises President Trump banks to rip off large numbers of con- was never intended by the original leg- made on the campaign trail that an- sumers and take a small amount of islation. other country would pay for the wall. money from each of them. That is what The Congressional Review Act is a Republicans are seeking to pass the bill this rule is intended to prevent. powerful tool because it only requires to you, Madam Speaker, and our fellow The House Financial Services Com- 51 votes to pass in the Senate. To date, taxpayers to pay for this wall, in direct mittee did not hold any hearings on Congress has passed 14 CRAs that have violation of President Trump’s prom- this rule. It didn’t go through com- been signed by the President. One by ise. mittee. It appeared just a few days ago one, we have eliminated Obama admin- They also stripped out a bipartisan when it was introduced. The Consumer istration rules that harm Americans amendment by Representative LEE Financial Protection Bureau didn’t and small businesses across this coun- that would end the 2001 AUMF and re- have the opportunity to testify about try. quire Congress to come up with a new their studies or their findings, or the Despite the work we have ahead, Authorization for Use of Military process they went through to finalize these CRAs are important to bringing Force within 8 months that was placed the rule, including input from the gen- regulatory relief to millions of Ameri- into this bill in committee. Represent- eral public. cans. President Trump campaigned on ative LEE’s amendment was stripped Congress has authorized the Con- a promise to end government overregu- out by the Rules Committee despite it sumer Financial Protection Bureau to lation that hurts Americans and small being in the committee mark and de- examine the use of arbitration agree- businesses. He turned those words into spite bipartisan support to require an ments by financial institutions and

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.019 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6227 consumer contracts; and, if necessary, they sign it—take it or leave it—or ne- keep the scandal out of the public eye. Even to take appropriate steps to limit the gotiate on any type of footing equally in cases where widespread fraud has been ex- use of them, to prevent arbitration with the bank. They are left with a posed, banks continue to invoke these fine- agreements from being forced on con- take-it-or-leave-it choice. According to print clauses to kill lawsuits stemming from their illegal acts and block consumer recov- sumers. In any particular case, both the Bureau study, more than 75 percent ery. sides can certainly agree to arbitra- of consumers surveyed did not know The CFPB’s thorough arbitration study tion. Given the choice, many con- whether they were subject to an arbi- further documents how forced arbitration sumers will choose arbitration. This is tration clause in their agreements, and blocks consumer access to courts, shielding about forcing consumers and giving less than 7 percent knew that those banks and lenders from meaningful account- them no alternative but to give away clauses limit their ability to bring a ability for their unlawful behavior. Final- their rights to sue in a court of law in claim to court. That means 93 percent izing the proposed rule will restore crucial class action rights that deter systemic favor of an arbitration process. of the people who sign these agree- abuses and bring much-needed transparency The Consumer Financial Protection ments don’t even realize they are sign- to consumer financial arbitration. Bureau found that 90 percent of arbi- ing their right to sue away, and that is THE CFPB STUDY DATA SHOWS THAT FORCED AR- tration agreements built into the fine because they are buried in fine print, BITRATION ELIMINATES CONSUMER CLAIMS point of financial consumer products are unclear, and run contrary to the AND SHIELDS COMPANIES FROM ACCOUNT- actually do prohibit class action law- fundamental American principle of the ABILITY suits. In cases involving credit card ability to seek justice when you are The CFPB’s study verified the prevalence issuers, companies being sued used the wronged. of forced arbitration clauses—including class arbitration clauses buried in the fine This final rule restores consumer action bans—in consumer financial contracts print contract to block class action rights to band together when there is a and found that this practice impacts tens of lawsuits 65 percent of the time. systemic and widespread form of mis- millions of consumers. Yet it also revealed Again, even with the lower costs of that consumers typically have no idea they conduct by a bank. This resolution of are signing away their right to sue in court administering an arbitration case, it is disapproval would stop consumers from when they participate in the financial mar- prohibitive if the claim per person is even knowing if others were harmed in ketplace. relatively small. So we are talking a similar manner by the same bank or The most obvious impact of forced arbitra- about situations where people are ille- lender so they could potentially band tion clauses is that they block most con- gally ripped off of $20, of $100, of their together. sumer claims from going forward at all. annual credit card processing fee ille- I am glad that the Consumer Finan- Class action bans prevent consumers from gally charged. Their redress, absent a bringing complaints of fraud or other abu- cial Protection Bureau final rule actu- sive or deceptive practices in financial serv- class action, is essentially nonexistent ally gave some power back to con- ices because the individual value of these because even though the cost of pur- sumers. And now here we have the Re- claims is often too small for a single con- suing an arbitration case is signifi- publicans trying to take that power sumer to afford to bring alone. Without the cantly less than the courts, they still right away and give it back to the big option to join together in a class action, just can either take up an enormous banks. 25 consumers with claims of under $1,000 pur- amount of time or, if you hire outside Madam Speaker, I would like to in- sued arbitration each year. In a county of over 320 million, these numbers leave no counsel, thousands of dollars. Thank clude in the RECORD a letter signed by goodness, not the hundreds of thou- doubt that class action bans effectively wipe 310 organizations that include civil out consumer claims and thus shield cor- sands of dollars that a full court case rights, faith-based, and consumer advo- porate wrongdoers from liability. In the few can entail, but certainly thousands of cacy groups that support the arbitra- claims that went to arbitration, the study dollars. tion rule. also confirmed that forced arbitration over- And if you were deprived of $30 or $50, JULY 12, 2017. whelmingly favors industry over consumers. are you just supposed to accept it? Or Re Final Rule on Arbitration Agreements. CLASS ACTIONS PROVIDE GREAT BENEFIT FOR can hundreds or thousands of people MONICA JACKSON, CONSUMERS CHEATED BY SYSTEMIC WRONG- who were ripped off band together and Office of the Executive Secretary, Consumer Fi- DOING AND DETER RISKY OR ILLEGAL CONDUCT seek justice, as this rule would allow nancial Protection Bureau, Washington DC. The data makes clear that class actions for? The 310 undersigned consumer, civil rights, provide a practical way for groups of con- Long before the Consumer Financial labor, community, and non-profit organiza- sumers who have suffered the same kind of Protection Bureau took any action, the tions write to state our strong support for abuse from the same corporate wrongdoer to the Consumer Financial Protection Bureau Department of Defense already recog- join together to attempt to hold the finan- (CFPB)’s final rule to limit pre-dispute bind- cial institution accountable. The CFPB nized that forced arbitration clauses in ing mandatory (or forced) arbitration clauses study found that 34 million consumers re- consumer loans to servicemembers in consumer finance contracts. The rule, ceived a total of $2.2 billion in cash pay- stripped away the rights of service- which will restore consumers’ ability to band ments, debt forbearance, and other in-kind members and ultimately banned forced together in court to pursue claims, is a sig- relief from 2008–2012—not including any at- arbitration clauses in consumer loan nificant step forward in the ongoing fight to torneys’ fees or court costs. products made to servicemembers. We curb predatory practices in consumer finan- These findings were echoed in an empirical don’t want people taking advantage of cial products and services and to make these study by disinterested academics, which markets fairer and safer. found consumer class actions against illegal members of our military. So, too, we Lenders and other financial services com- overdraft fees ‘‘deliver[ed] fair compensation don’t want anybody taking advantage panies use forced arbitration to push con- to a significant portion of class members.’’ of members of the American public. sumers out of court and into a private arbi- Several major banks settled class actions But we know that big banks don’t tration system that is tilted against them. that claimed the banks had purposely reor- want consumers to have more power Forced arbitration eliminates the right to a dered consumer transactions to maximize when it comes to financial products. civil jury trial, limits discovery, restricts or the amount of overdraft fees charged to the They prefer the deck remained stacked prohibits public disclosure of proceedings consumer. This study found that plaintiffs in against consumers, even when a bank and outcomes, and makes meaningful ap- these cases recovered up to ‘‘65% of damages, peals virtually impossible. It also often pro- or a credit card company breaks the with the variation based largely on the hibits consumers from banding together in a strength of the class’s claims and the likeli- law. class action to hold the company respon- hood of winning certification of the class.’’ When it comes to financial service sible. Yet unknown thousands of other consumers products, most consumers are entirely Recent scandals again demonstrate the subject to similarly unlawful overdraft fee at the mercy of our financial institu- very real harm forced arbitration causes con- practices likely got little or no relief when tions. These arbitration clauses are sumers. Reports show that customers had class actions against their banks were dis- buried in pages and pages of small been trying to sue financial services institu- missed due to arbitration clauses. print and disclosures that are very tions over fraudulent accounts going back a Even assuming that their claims would be technical for people with a college de- number of years. However, some banks fairly resolved in arbitration, leaving 34 mil- forced those customers into secret, binding lion consumers to find their own attorney, gree, no less a high school degree, no arbitration by invoking fine print in con- establish the individual facts of their case, less not even graduating from high sumers’ legitimate account agreements to and take time off work to attend an arbitra- school. The consumer doesn’t have the block them from suing over reasons as out- tion will never be more efficient than pool- ability to modify the contract before rageous as fake accounts, also helping to ing time and resources between millions of

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.020 H25JYPT1 H6228 CONGRESSIONAL RECORD — HOUSE July 25, 2017 consumers harmed in the same way by the Center for Global Policy Solutions; Center California: California Reinvestment Coali- same bank or lender to challenge abusive for Justice & Democracy; Center for Popular tion—CA; CALPIRG—CA; Center for Public practices. Indeed, additional empirical schol- Democracy; Center for Progressive Reform; Interest Law, University of San Diego arship demonstrates that most consumers Center for Responsible Lending; Centro School of Law—CA; Consumer Attorneys of are unaware when they have been harmed, Legal de la Raza; CFED; Committee to Sup- California—CA; Consumer Federation of unaware that the harm violates a law, or port the Antitrust Laws; Consumer Action; California—CA; East Bay Community Law have decided that filing individual claims is Consumer Federation of America; Consumers Center—CA; Golden State Manufactured- not worth their time and expense. for Auto Reliability and Safety; Consumers home Owners League—CA; Law Foundation Collective action is critically important, Union; Consumer Voice; Daily Kos; Demos; of Silicon Valley—CA; The Greenlining Insti- not only for enabling those already victim- Disability Rights Education & Defense Fund; tute—CA. ized to obtain justice, but also for deterring Economic Analysis and Research Network Colorado: 9to5 Colorado—CO; Bell Policy bad behavior and preventing harm to other (EARN); Economic Policy Institute; The Em- Center—CO; Build Our Homes Right—CO; victims. While each individual consumer ployee Rights Advocacy Institute For Law & Colorado AFL–CIO—CO; Colorado Alliance of may only lose $25 or $50 to a fraudulent Policy; Equal Justice Society. Retired Americans—CO; Colorado Council of charge or illegal fee, for example, unlawful Equal Justice Works; Fair Share; The Fi- Churches—CO; Colorado Fiscal Institute— practices implemented at a systemic level nancial Clinic; Food & Water Watch; Fund CO; Colorado Latino Forum, Denver Chap- can add up to millions or more in ill-gotten Democracy; Government Accountability ter—CO; Colorado Latino Leadership, Advo- gains for banks and lenders who violate the Project; Heartland Alliance for Human Needs cacy and Research Organization (CLLARO)— law. Government enforcers have limited re- & Human Rights; Hindu American Founda- CO; Colorado Public Interest Research Group sources, and the prospect of class actions tion; Homeowners Against Deficient Dwell- (PIRG)—CO; Colorado Trial Lawyers Asso- helps ensure that banks and lenders obey ings; Institute for Agriculture and Trade ciation—CO; NAACP State Conference—CO, legal requirements that protect consumers. Policy; The Institute for College Access & MT, WY; National Council of Jewish Women, Colorado Section—CO; The Interfaith Alli- THE RULE’S REPORTING REQUIREMENTS ADD Success; Institute for Science and Human ance of Colorado—CO. CRUCIAL TRANSPARENCY TO ARBITRATION Values; Interfaith Center on Corporate Re- sponsibility; International Association for Connecticut: Capital For Change, Inc.—CT; Our organizations strongly support the College Admission Counseling; Jobs With CT. Citizen Action Group—CT; Connecticut proposed provision to begin shining a light Justice; Justice in Aging; The Leadership Legal Services, Inc.—CT; ConnPIRG—CT. on individual arbitrations through reporting Conference on Civil and Human Rights; Delaware: Legal Aid Society of the District requirements. Unlike our legal system, League of United Latin American Citizens; of Columbia—DC; ACLU of Delaware, Inc.— which is built upon hundreds of years of Main Street Alliance; Manufactured Housing DE; Community Legal Aid Society, Inc.—DE; precedent, common law principles, and stat- Action; Mission Asset Fund. Delaware Alliance for Community Advance- utory standards of fairness and ethics, arbi- NAACP; NAACP Legal Defense and Edu- ment—DE; Delaware Community Reinvest- tration firms have few constraints on their cational Fund, Inc.; National Association for ment Action Council, Inc.—DE; Delaware practices and scant record of their pro- College Admission Counseling; National As- Manufactured Homeowners Association ceedings. The substantially shorter history sociation of Consumer Advocates; National (DMHOA)—DE. of consumer arbitration has nonetheless pro- Florida: Catalyst Miami—FL; Fair Housing Association of Social Workers (NASW); Na- duced both anecdotal claims of unethical be- Center of the Greater Palm Beaches—FL; tional Center for Law and Economic Justice; havior and documented systemic abuses by Florida Alliance for Consumer Protection— National Center for Lesbian Rights; National unregulated arbitration films. FL; Florida PIRG—FL; Jacksonville Area Center for Transgender Equality; National The rule’s reporting requirements will lend Legal Aid, Inc.—FL; Progress Florida—FL. Coalition for Asian Pacific American Com- crucial transparency and accountability to a Georgia: Georgia PIRG—GA; Georgia Rural munity Development; National Community previously opaque system. Increased trans- Urban Summit—GA; Georgia Watch—GA. Reinvestment Coalition (NCRC); National parency can help consumers make informed Iowa: Iowa Citizens for Community Im- Council of Jewish Women; National Council decisions when choosing how to pursue their provement—IA; Iowa PIRG—IA. of La Raza; National Consumer Law Center claim, in line with well-established prin- Illinois: Chicago Jobs Council—IL; Citizen (on behalf of its low income clients); Na- ciples of the free market. Data collected by Action—IL; Illinois Asset Building Group— tional Consumers League; National Employ- the CFPB will also help other government IL; Illinois Association for College Admis- ment Lawyers Association; National Em- entities, as well as the general public, ensure sion Counseling—IL; Illinois PIRG—IL; Man- ployment Law Project; National Fair Hous- that arbitrators operate within the law and ufactured Home Owners Association of Illi- ing Alliance; National Health Law Program; treat all parties fairly. nois—IL; Metropolitan Tenants Organiza- National Latino Farmers & Ranchers Trade tion—IL; Partners In Community Building, THE RULE IS IN THE PUBLIC INTEREST AND FOR Association; National Legal Aid and De- Inc.—IL; Project IRENE—IL. THE PROTECTION OF CONSUMERS fender Association. Indiana: Habitat for Humanity of North- Because forced arbitration undermines National LGBTQ Task Force; National east Indiana—IN; HomesteadCS—IN; Indiana compliance with laws and creates an uneven Partnership for Women & Families; National University McKinney School of Law—IN. playing field between corporations that use Organization for Women; National Urban Kansas: Interfaith Housing Services, Inc.— forced arbitration and those that allow for League; National Women’s Law Center; New KS; Labette Assistance Center—KS. greater consumer choice in dispute resolu- Rules for Global Finance; Occupational Safe- Kentucky: Homeless & Housing Coalition tion, it is in the public interest and in the in- ty & Health Law Project; Other98; People’s of Kentucky—KY; Kentucky Council of terest of consumer protection to prohibit or Action; Privacy Rights Clearinghouse; Pro- Churches—KY Kentucky Equal Justice Cen- strictly curtail the use of forced arbitration gressive Congress Action Fund; Protect All ter—KY. clauses in consumer financial contracts. Children’s Environment; Public Citizen; Pub- Louisiana: The Middleburg Institute/ We commend the CFPB for finalizing its lic Justice; Public Knowledge; Public Law LABEST—LA; PREACH—LA. rule to restore consumers’ right to choose Center; The Rootstrikers Project at Demand Massachusetts: Cambridge Economic Op- how to resolve disputes with financial insti- Progress; Salvadoran American National portunity Committee, Inc.—MA; Community tutions and address the public harm caused Network (SANN); Service Employees Inter- Action!—MA; Consumer World—MA; Massa- by forced arbitration, as thoroughly docu- national Union (SEIU); Small Business Ma- chusetts Consumers Council, Inc.—MA; mented in its three-year, comprehensive jority. MASSPIRG—MA; The Midas Collaborative— study. Southern Poverty Law Center; TURN—The MA. Thank you for the opportunity to share Utility Reform Network; United Auto Work- Maryland: Baltimore CASH Campaign— our views. ers (UAW); United Church of Christ Justice MD; Baltimore Neighborhoods, Inc.—MD; Belair-Edison Neighborhoods, Inc.—MD; NATIONAL SIGNATORIES and Witness Ministries; United Policy- holders; U.S. PIRG; Veterans Education Suc- Civil Justice, Inc.—MD; Housing Options & 9to5 National Association of Working Planning Enterprises, Inc.—MD; Howard Women; Action In Maturity, Inc.; Affordable cess; Woodstock Institute; Workplace Fair- ness; Worksafe; World Hunger Education, County Office of Consumer Protection—MD; Housing Alliance; AFL–CIO; Alianza Amer- Maryland CASH Campaign—MD; Maryland icas; Alliance for Justice; Allied Progress; Advocacy & Training (WHEAT); Young Invincibles. Consumer Rights Coalition—MD; Maryland American Association for Justice; American PIRG—MD; Maryland United for Peace and STATE AND LOCAL SIGNATORIES Association of University Women (AAUW); Justice—MD; Public Justice Center—MD. American Council of the Blind; American Alabama: Woodmere Neighborhood Asso- Michigan: Michigan Association for Col- Family Voices; American Federation of ciation—AL. lege Admission Counseling—MI; Michigan State, County and Municipal Employees Arkansas: Arkansans Against Abusive Disability Rights Coalition—MI; PIRG in (AFSCME); American Federation of Teach- Payday Lending—AR; Arkansas Advocates Michigan (PIRGIM)—MI; Progress Michi- ers; Americans for Democratic Action; for Children and Families—AR. gan—MI. Americans for Financial Reform; Associa- Arizona: Arizona Community Action Asso- Minnesota: Mid-Minnesota Legal Aid—MN; tion of University Centers on Disabilities; ciation—AZ; Arizona PIRG—AZ; Gila County Minnesota Association for College Admission Bankruptcy Law Center; The Bazelon Center Community Services—AZ; Mesa Community Counseling—MN. for Mental Health Law; Center for Economic Action Network—AZ; Save the Family Foun- Missouri: Missouri Association for College Integrity; Center for Economic Justice. dation of Arizona—AZ. Admission Counseling—MO; Missouri Faith

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.009 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6229 Voices—MO; Missouri PIRG—MO; MORE— ciation—TX; Texas Watch—TX; TexPIRG— the aisle who support this repeal were Missourians Organizing for Reform and Em- TX; United Way of Greater Houston—TX. active in that public comment process powerment—MO. Virginia: Virginia Citizens Consumer because that was an important time to Mississippi: Mississippi Center for Jus- Council—VA; Virginia Poverty Law Center— be heard. The banks participated in tice—MS. VA; Virginia Organizing—VA. Montana: AFSCME Montana Council 9— : Vermont PIRG (VPIRG)—VT. that, consumer groups, and so many MT; Greater Yellowstone Central Labor Washington: Columbia Legal Services— other stakeholders before the final rule Council—MT Laborers Local #1686—MT; WA; The Northwest Consumer Law Center— was issued. Montana Organizing Project—MT Rural Dy- WA; SafeWork Washington—WA; My colleagues across the aisle have namics, Inc.—MT. WashPIRG—WA. not offered any evidence in support of North Carolina: Financial Pathways of the Wisconsin: Legal Aid Society of Mil- this resolution of disapproval. Why are Piedmont—NC; North Carolina Consumers waukee—WI; WISPIRG—WI. you seeking to strip rights away from Council—NC; North Carolina Justice Cen- West Virginia: Mountain State Justice— consumers in this fashion? ter—NC; NCPIRG—NC; OnTrack WNC Finan- WV; WV Center on Budget and Policy—WV; The Consumer Financial Protection cial Education & Counseling—NC; Reinvest- West Virginia Citizen Action Group—WV. Bureau found that just 400 consumers ment Partners—NC; The Collaborative NC— Regional: Potomac and Chesapeake Asso- per year pursue claims in arbitration, NC; Winston Salem Forsyth County Asset ciation for College Admission Counseling; with only 16 receiving any cash relief. Building Coalition—NC. Southern Association for College Admission North Dakota: North Dakota Economic Se- Counseling; Tri-State Coalition for Respon- Again, when you are ripped off of a rel- curity and Prosperity Alliance—ND; Sacred sible Investment; Western Association for atively small amount of money, you Pipe Resource Center—ND. College Admission Counseling. don’t have redress in the courts as a Nebraska: Nebraska Appleseed—NE. Mr. POLIS. Madam Speaker, this let- sole plaintiff. You don’t have redress— New Hampshire: Granite State Organizing I shouldn’t say you don’t; you tech- Project—NH; NHPIRG—NH. ter, which I think my colleagues will find convincing, has 310 groups that nically do—you don’t have an economic New Jersey: Consumers League of New Jer- form of redress in the courts, and you sey—NJ; Legal Services of New Jersey—NJ; have signed on in support of this rule, don’t have an economically viable form Manufactured Home Owners of New Jersey, including groups from across the ideo- Inc.—NJ; New Jersey Association for College of redress through arbitration. logical spectrum, across the States, So the only true mechanism, if you Admission Counseling—NJ; New Jersey Cit- many faith-based groups, and many izen Action—NJ; NJ PIRG—NJ; Sisters of St. have a million people, each of whom Dominic of Caldwell—NJ. others, including from my friend from are deprived of $20 or $50, the only real- New Mexico: Center for Economic Integ- Colorado’s and my home State, the istic legal mechanism is a class action rity—New Mexico Office—NM; NMPIRG— Interfaith Alliance of Colorado; the Na- lawsuit, which this rule would protect. NM. tional Council of Jewish Women, Colo- There is also no evidence to show, no Nevada: Legal Aid Center of Southern Ne- rado Section; the NAACP State Con- studies—I would challenge my col- vada, Inc.—NV; Opportunity Alliance Ne- ference of Colorado; the Colorado Fis- leagues to cite them if there are—to vada—NV. cal Institute; the Colorado Council of New York: Bankruptcy Law Center—NY; show that removing this type of clause Central New York Citizens in Action, Inc.— Churches; the Colorado Alliance of Re- can somehow increase costs to con- NY; Community Service Society of New tired Americans, and many others. sumers. York—NY; Empire Justice Center—NY; Em- b 1245 Frankly, this resolution of dis- pire State Consumer Project—NY; Housing approval is just a giveaway to big and Family Services of Greater New York, So I am glad that this will appear in banks at the expense of you, me, every- Inc.—NY; Hudson River Housing—NY; JASA the RECORD for all of Congress to see. I body who has a credit card, everybody Legal Services for the Elderly in Queens— will encourage my colleagues to read who has a loan—the wrong direction NY; Keuka Housing Council, Inc.—NY; Long this letter and see who signed it before for the country. Island Housing Services, Inc.—NY; Make the casting your vote on the repeal of this Madam Speaker, I reserve the bal- Road New York—NY; MFY Legal Services, rule, the Congressional disapproval res- ance of my time. Inc.—NY; NELA/NY (New York Affiliate of olution. So this will appear in the Mr. BUCK. Madam Speaker, I yield 4 National Employment Lawyers Associa- tion)—NY; New Economy Project—NY; New RECORD, and I know that my colleagues minutes to the gentleman from Penn- York Legal Assistance Group—NY; New will study that RECORD before making sylvania (Mr. ROTHFUS), the author of York Public Interest Research Group their decision. this resolution. (NYPIRG)—NY; New York State Association Prior to the creation of the Con- Mr. ROTHFUS. Madam Speaker, I for College Admission Counseling—NY; Pub- sumer Financial Protection Bureau, rise today to call on all of my col- lic Utility Law Project of New York—NY; Federal consumer protection laws were leagues to support this resolution and Western New York Law Center—NY. enforced by a number of different regu- the underlying legislation, H.J. Res. : Tenants Organization— lators and different agencies. This was 111. OH; COHHIO—OH; Habitat for Humanity of The Consumer Financial Protection Findlay/Hancock County—OH; Miami Valley uneven and, after the 2008 financial cri- sis, I was personally glad that we were Bureau’s antiarbitration rule will Fair Housing Center, Inc.—OH; Neighbor- cause a great deal of harm to con- hood Housing Services of Greater Cleve- able to pull together the efforts to pro- land—OH; Ohio Association of Local Reentry tect consumers in the Consumer Finan- sumers, including consumers who wish Coalitions—OH; Ohio PIRG—OH; Ohio Pov- cial Protection Bureau. to settle a dispute with a firm in a timely and effective fashion, as well as erty Law Center—OH. But despite their success, Repub- other consumers who will see their op- Oregon: Innovative Changes—OR; Oregon licans have been going after the Con- Consumer League—OR Oregon PIRG tions and choices diminished and their sumer Financial Protection Bureau (OSPIRG)—OR. costs increased by this rule. Pennsylvania: Integra Home Counseling, ever since. Despite record profits by The CFPB’s rule will hurt the very Inc.—PA; Keystone Progress—PA; PathWays banks and Wall Street, here we are try- people the CFPB claims it is supposed PA—PA; Pennsylvania Association for Col- ing to go back to a time when there to help by depriving individuals of the lege Admission Counseling—PA; Pennsyl- was nobody to keep them in check. De- efficient and effective process of arbi- vania National Organization for Women— spite the Consumer Financial Protec- tration. The CFPB itself acknowledged PA; PennPIRG—PA. tion Bureau returning nearly $12 bil- Rhode Island: RIPIRG—RI. that arbitration is 12 times faster, on South Carolina: Columbia Consumer Edu- lion to harmed consumers, the Repub- average, than class actions. cation Council—SC; SC Association for Com- licans continue to attack the agency. In today’s fast-paced economy, hard- munity Economic Development—SC; South This is entirely the purpose that the working Americans may want to pur- Carolina Appleseed Legal Justice Center— Consumer Financial Protection Bureau sue a quicker option than becoming a SC. was created, this type of rule. Congress party to costly and time-consuming Tennessee: New Level Community Devel- specifically authorized the Consumer litigation that can take years. opment Corporation—TN; Tennessee Citizen Financial Protection Bureau to study Not only are class actions burden- Action—TN. forced arbitration agreements, and de- Texas: Chinese Community Center, Hous- some in terms of time, but they often ton—TX; Equal Justice Center—TX; Family termine what steps were necessary. produce negligible benefits for the Houston—TX; Literacy Advance of Hous- The Bureau undertook an extensive plaintiffs in question. In fact, class ac- ton—TX; Take Back Your Rights PAC—TX; rulemaking process that had public tions reviewed in the CFPB study re- Texas Appleseed—TX; Texas Consumer Asso- comments. I hope my colleagues across sulted in an average recovery of only

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.010 H25JYPT1 H6230 CONGRESSIONAL RECORD — HOUSE July 25, 2017 $32 per class member. This is so minus- other subjects, but they feel compelled lions of people. This sorry bill is also cule that the firms being sued are to answer when Wall Street comes ‘‘a opposed by a number—I think literally forced to charge their customers addi- calling,’’ as it has on this bill. hundreds of consumer, civil rights, tional fees, which fees may be larger Only last month, Republicans ap- labor, and community groups. than the initial recovery to cover the proved a bill to give Trump the power All we are saying in rejecting this costs of the firm’s legal fees. This often to fire the chief cop on the beat; that bill is to give consumers their day in leaves customers worse off financially would be the Director of the Consumer court, give them the same rights the than if they had never chosen to settle Financial Protection Bureau, who banks want. In fact, treat consumers as their dispute. Trump could now dump for actually if they were banks because they should Contrast this negligible or non- trying to do his job of protecting con- be treated with the same dignity and existent relief and headache it causes sumers from abusive financial prac- the same rights; and we do that by re- consumers with the average $5,300 of tices. jecting this bill and rejecting it sound- relief that consumers obtained through Of course, we see daily that Trump ly. arbitration in the cases that the CFPB thinks the White House is just a new Mr. BUCK. Madam Speaker, I yield 3 reviewed in its own study. Contrast the venue for the latest sequel of ‘‘The Ap- minutes to the gentleman from Mis- $32 average individual recovery as well prentice,’’ with him declaring ‘‘you’re souri (Mr. LUETKEMEYER), the chair- with the average $1 million that plain- fired’’ to one person after another, no man of the Financial Institutions and tiff lawyers make per settled case. matter how much damage he does to Consumer Credit Subcommittee. Madam Speaker, consider also the our national security or to the eco- Mr. LUETKEMEYER. Madam Speak- fact that 87 percent of class actions nomic security of families that are er, I thank the gentleman from Colo- generate no benefits for consumers struggling to make a go of it all over rado (Mr. BUCK) for his help in quickly whatsoever because they are dismissed America. bringing this resolution to the floor. Madam Speaker, I rise today in sup- by the Court or settled with the named Well, today’s Republican gift to Wall port of this rule and the underlying plaintiff only. Street is about denying any effective resolution, which would block the Con- In addition to the direct harm the remedy to those who are abused by big sumer Financial Protection Bureau CFPB’s antiarbitration rule will cause banks. A bank can rightfully go to from denying the American people the to consumers, it will also have nega- court if a consumer abuses it, and that use of arbitration as a means to resolve tive effects on a variety of companies happens every day in courts across consumer complaints. America, with good reason, because it and firms that will have to prepare Since the creation of the Consumer themselves for falling victim to costly is not a one-way street. Financial Protection Bureau, consumer But in the non-negotiable, deceitful litigation. In light of that, they will be costs have gone up and access to finan- fine print at the back of the contract, unlikely to direct any financial re- cial products has been severely re- the bank can deny the consumer the sources toward providing their cus- stricted. In some cases, access has very same opportunity to go to court if tomers even the option for arbitration. evaporated altogether. In addition, many firms are unavail- that consumer is abused. It is called ar- The Bureau’s arbitration rule is proof able to survive such costly litigation, bitration, but what it really means is of what we have said for years: the meaning they will either go out of that if a consumer has been treated CFPB does not operate in the best in- business or be forced to stop offering wrong, neither a judge nor a jury can terest of American consumers. It does certain products and services. ever evaluate the facts and conclude not protect the American people, their How will this benefit consumers? for the consumer. access to financial products, or their It won’t. It will make their purchases Since usually the arbitrator depends ability to achieve financial independ- costlier and the products and services upon the same bank or group of banks ence. they need more difficult to find. to get repeat business, the arbitrator Take as evidence the CFPB’s own If you want to help ensure consumer has an incentive to rule against the study on arbitration. It shows that just recoveries and justice—and we all do— consumer and for the bank. Often arbi- 13 percent of class action suits actually depriving them of the most efficient tration is little better than going to provided a benefit to consumers, with and most remunerative option is not the bank’s own attorney and asking: an average payout of $32. Let me say the answer. Sadly, that is precisely Do you think your client did anything that again: an average payout of $32. what will result from the CFPB’s mis- wrong? And if so, should they do any Arbitration, on the other hand, pro- guided, anticonsumer rule. more than say ‘‘I’m sorry’’? vides an average of more than $5,000— The CFPB’s antiarbitration rule will Arbitration is the very scheme that let me say that again: over $5,000—to close the door to recovery for con- Wells Fargo relied upon to obstruct the aggrieved parties. sumers, but open the door for million- any opportunity for ordinary con- Again, these figures come from the dollar trial attorney’s fees. The under- sumers who tried to hold their bank ac- Bureau’s own analysis, their own lying legislation considered today will countable for creating accounts to study. The fact that they cannot some- reopen the door to consumer recovery. which they never gave any consent and how justify this rule in the name of Mr. POLIS. It is wonderful to have so charging them for it. Wells Fargo used consumer protection should offend many Coloradans here, isn’t it, Madam those arbitration clauses to kick the every single person on this floor today, Speaker? consumers out of court and to continue Madam Speaker. The SPEAKER pro tempore. Abso- its fraud against consumers across Simply put, this rule is lutely. America for another 2 years. That is anticonsumer. It hurts the very people Mr. POLIS. Madam Speaker, I yield 3 the kind of practice that we will have the CFPB purports to protect. It is yet minutes to the gentleman from Texas more of if this legislation is approved. another example of the Washington- (Mr. DOGGETT), another great State You know, in the Military Lending knows-best attitude that makes the that borders the State of Colorado. Act of 2007, Congress showed the good American people so mad. Mr. DOGGETT. It once included the sense to try to protect our servicemem- This is also why Congress has the State of Colorado, or part of it. bers who are defending our country all oversight tools granted under the Con- Madam Speaker, I think Republicans over the world in certain of their loan gressional Review Act. In this in- are just scared. They are afraid to agreements from having a lender im- stance, it is time for Congress to inter- leave town this week without doing an- pose a mandatory arbitration agree- vene on behalf of the people we rep- other favor for Wall Street, and this ment. And what, today, we should be resent. proposal to undermine consumer rights doing is supporting similar protections We have argued about the CFPB in is the next gift that they want to be- for other Americans who can be ex- the past, but the reality is that this stow on the big banks. posed to the same type of abuse. rule, in particular, will have dev- Republicans can never seem to find Today’s bill to undermine consumer astating consequences for American their voice, no matter how outrageous protection is opposed by The Military consumers. It should serve as a dra- the latest Trump tweet might be. They Coalition and 29 other servicemember matic wake-up call for the need to re- cannot pass meaningful legislation on and veterans groups representing mil- strain what is the most powerful and

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.023 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6231 unaccountable government agency in the use of these clauses is simply a Mr. BUCK. Madam Speaker, I yield the history of our Nation. commonsense step to ensure that all myself the balance of my time. I thank the gentleman from Pennsyl- consumers have equal access to justice. The Consumer Financial Protection vania (Mr. ROTHFUS) and Chairman This is the people’s House. We should Bureau has been a continuous example HENSARLING for their steadfast leader- protect consumers from the wolves. of Federal overreach. Once again, bu- ship on this very important issue. Our job is to keep them at bay, not reaucrats in Washington have created a Madam Speaker, I ask my colleagues make it easier for them to prey on the rule that will hurt consumers and for their support on the rule and the American people. This is not what make their lives more difficult. underlying measure. President Trump ran on. The last 8 years of overregulation have crippled our economy. Today, we b 1300 Madam Speaker, I urge my col- leagues to vote ‘‘no’’ and stand with have a chance to end this Mr. POLIS. Madam Speaker, I yield 2 America’s consumers over special in- antiarbitration rule and empower con- minutes to the gentlewoman from Ohio terests, particularly the financial pred- sumers with an alternative to spending (Ms. KAPTUR). ators that brought this country to years in a courtroom. We can’t let concerns about the trial Ms. KAPTUR. Madam Speaker, I ruin. thank the ranking member, Mr. POLIS, Mr. POLIS. Madam Speaker, I yield lawyer lobby impact the way we treat consumers. Trial lawyers love this rule for yielding me the time. myself such time as I may consume. Madam Speaker, I rise today to op- Madam Speaker, for months now we enacted by the Consumer Financial Protection Bureau because they will be pose the rule and underlying bill by my have been debating bills that hurt the biggest beneficiaries. They will Republican colleagues. The Republican hardworking Americans—bills that walk home with the big winnings, bill favors big Wall Street megabanks kick millions, tens of millions, of peo- while the individuals who have been and financial interests over the Amer- ple off health insurance; bills that gut harmed walk away with little. ican people. I would ask my Republican safety and environmental protections friends: Don’t you remember the finan- Arbitration allows harmed individ- that would keep our air clean; bills uals to receive payouts on the merits cial crash of 2008 and who created it? that prioritize the interests of Wall Their bill repeals a new Consumer Fi- of their case without enriching the Street over Main Street. pockets of trial lawyers at the same nancial Protection Bureau rule which This is not what my constituents cuts down on those companies’ abilities time. This legislation is for consumers. want. It is also not what the constitu- It is for the average American who re- to use so-called forced arbitration ents of many of us want. Madam clauses which prevent cheated or de- lies on our financial system every day. Speaker, for this reason, Democrats Madam Speaker, I thank Chairman frauded consumers from going to court. have unveiled an agenda to increase SESSIONS and Chairman HENSARLING In other words, they prevent the vic- wages, reduce costs for everyday ex- for bringing this bill to the floor. I urge tims from going to court. They want to penses, and give workers the training my colleagues now to vote ‘‘yes’’ on handcuff the customers, not the they need to compete in 21st century the resolution, and then to vote ‘‘yes’’ megabanks that took them to the jobs. on the underlying bill. cleaners. Madam Speaker, if we defeat the pre- The material previously referred to This takes us back to the days of vious question, I will offer an amend- by Mr. POLIS is as follows: when the fine print in the credit card ment to the rule to bring up Represent- AN AMENDMENT TO H. RES. 468 OFFERED BY or other financial agreement prevented ative POCAN’s Leveraging Effective Ap- MR. POLIS consumers from banding together in prenticeships to Rebuild National At the end of the resolution, add the fol- class action lawsuits to challenge ille- Skills Act, H.R. 2933, which would pro- lowing new sections: gal behavior by the most powerful fi- mote effective apprenticeships that SEC 2. Immediately upon adoption of this nancial giants in the world. Try to deal would give students and workers more resolution the Speaker shall, pursuant to with one of them as an individual. opportunities to find good-paying jobs. clause 2(b) of rule XVIII, declare the House They don’t even return phone calls, for resolved into the Committee of the Whole Madam Speaker, I ask unanimous House on the for consider- heaven’s sake. You get in that robo consent to insert the text of my ation of the bill (H.R. 2933) to promote effec- system for hours and hours, and then amendment in the RECORD, along with tive registered apprenticeships, for skills, the phone call cuts off. extraneous material, immediately credentials, and employment, and for other Republicans want to dismantle the prior to the vote of the previous ques- purposes. The first reading of the bill shall Consumer Financial Protection Bu- tion. be dispensed with. All points of order against reau, even after the agency’s work for The SPEAKER pro tempore. Is there consideration of the bill are waived. General consumers resulted in $12 billion in re- objection to the request of the gen- debate shall be confined to the bill and shall not exceed one hour equally divided and con- lief to 27 million Americans who were tleman from Colorado? trolled by the chair and ranking minority harmed, and that is just the beginning. There was no objection. member of the Committee on Education and Why is this Republican-led Congress Mr. POLIS. Madam Speaker, we have the Workforce. After general debate the bill so keen on protecting companies like less than 4 days left before the sched- shall be considered for amendment under the Wells Fargo that used arbitration uled August recess. I hope in that time five-minute rule. All points of order against clauses and class action bans to create we can focus on strengthening the provisions in the bill are waived. At the con- fraudulent accounts, overcharge cus- economy and empowering consumers clusion of consideration of the bill for tomers with debit fees and mortgages, amendment the Committee shall rise and re- rather than taking away consumers’ port the bill to the House with such amend- and even avoid responsibility for their rights, like this bill does. ments as may have been adopted. The pre- misconduct? Criminal misconduct. We should focus on fixing our broken vious question shall be considered as ordered You can laugh. Come and meet the immigration system to create more on the bill and amendments thereto to final millions of people who have lost their economic growth and reduce our def- passage without intervening motion except homes across this country or are un- icit, and we should create jobs and one motion to recommit with or without in- derwater on their mortgages. There is make sure that more people are cov- structions. If the Committee of the Whole no justice for them. ered by healthcare, not less. rises and reports that it has come to no reso- lution on the bill, then on the next legisla- The idea that banks can rip off con- Instead, here we are, spending time tive day the House shall, immediately after sumers by abusing obscure clauses bur- on the floor of the House stripping the third daily order of business under clause ied deep in their contracts is totally away consumer protections and spend- 1 of rule XIV, resolve into the Committee of outrageous. ing American taxpayer money on an the Whole for further consideration of the The SPEAKER pro tempore. The unwanted border wall, in direct viola- bill. time of the gentlewoman has expired. tion of President Trump’s promise. SEC. 3. Clause 1(c) of rule XIX shall not Mr. POLIS. Madam Speaker, I yield Madam Speaker, I oppose this rule, apply to the consideration of H.R. 2933. an additional 1 minute to the gentle- and I oppose the underlying legislation. THE VOTE ON THE PREVIOUS QUESTION: WHAT woman. I strongly urge my colleagues to vote IT REALLY MEANS Ms. KAPTUR. The Consumer Finan- ‘‘no’’ on both, and I yield back the bal- This vote, the vote on whether to order the cial Protection Bureau’s rule banning ance of my time. previous question on a special rule, is not

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.025 H25JYPT1 H6232 CONGRESSIONAL RECORD — HOUSE July 25, 2017 merely a procedural vote. A vote against or- Mr. POLIS. Madam Speaker, on that Bonamici Hanabusa Panetta dering the previous question is a vote Boyle, Brendan Hastings Pascrell I demand the yeas and nays. F. Heck Payne against the Republican majority agenda and The yeas and nays were ordered. a vote to allow the Democratic minority to Brady (PA) Higgins (NY) Pelosi Brown (MD) Himes Perlmutter offer an alternative plan. It is a vote about The SPEAKER pro tempore. Pursu- ant to clause 9 of rule XX, the Chair Brownley (CA) Hoyer Peters what the House should be debating. Bustos Huffman Peterson Mr. ’s Precedents of the will reduce to 5 minutes the minimum Butterfield Jackson Lee Pingree House of Representatives (VI, 308–311), de- time for any electronic vote on the Capuano Jayapal Pocan scribes the vote on the previous question on question of adoption of the resolution. Carbajal Jeffries Polis ´ the rule as ‘‘a motion to direct or control the The vote was taken by electronic de- Cardenas Johnson (GA) Price (NC) consideration of the subject before the House Carson (IN) Johnson, E. B. Quigley being made by the Member in charge.’’ To vice, and there were—yeas 229, nays Cartwright Kaptur Raskin defeat the previous question is to give the 184, not voting 20, as follows: Castor (FL) Keating Rice (NY) opposition a chance to decide the subject be- Castro (TX) Kelly (IL) Rosen [Roll No. 410] Chu, Judy Kennedy Roybal-Allard fore the House. Cannon cites the Speaker’s YEAS—229 Cicilline Khanna Ruiz ruling of January 13, 1920, to the effect that Clark (MA) Kihuen Ruppersberger Abraham Gowdy Nunes ‘‘the refusal of the House to sustain the de- Clarke (NY) Kildee Rush Aderholt Granger Olson mand for the previous question passes the Clay Kilmer Ryan (OH) Allen Graves (GA) Palazzo Cleaver Kind Sa´ nchez control of the resolution to the opposition’’ Amash Graves (LA) Palmer Clyburn Krishnamoorthi Sarbanes in order to offer an amendment. On March Amodei Griffith Paulsen Cohen Kuster (NH) Schakowsky 15, 1909, a member of the majority party of- Arrington Grothman Pearce Connolly Larsen (WA) Schiff fered a rule resolution. The House defeated Babin Guthrie Perry Conyers Larson (CT) Schneider Bacon Handel Pittenger the previous question and a member of the Cooper Lawrence Schrader Banks (IN) Harper Poe (TX) opposition rose to a parliamentary inquiry, Correa Lawson (FL) Scott (VA) Barletta Harris Poliquin asking who was entitled to recognition. Costa Lee Scott, David Barr Hartzler Posey Speaker Joseph G. Cannon (R–Illinois) said: Courtney Levin Serrano Barton Hensarling Ratcliffe ‘‘The previous question having been refused, Crist Lewis (GA) Sewell (AL) Bergman Herrera Beutler Reed Cuellar Lieu, Ted Shea-Porter the gentleman from New York, Mr. Fitz- Biggs Hice, Jody B. Reichert Davis (CA) Lipinski Sherman gerald, who had asked the gentleman to Bilirakis Higgins (LA) Rice (SC) DeFazio Loebsack Sinema yield to him for an amendment, is entitled to Bishop (MI) Hill Roby DeGette Lofgren Sires the first recognition.’’ Bishop (UT) Holding Roe (TN) Delaney Lowenthal Slaughter The Republican majority may say ‘‘the Black Hollingsworth Rogers (AL) DeLauro Lowey Smith (WA) Blackburn Hudson Rogers (KY) vote on the previous question is simply a DelBene Lujan Grisham, Soto Blum Huizenga Rohrabacher vote on whether to proceed to an immediate Demings M. Speier Bost Hultgren Rokita vote on adopting the resolution . . . [and] DeSaulnier Luja´ n, Ben Ray Suozzi Brady (TX) Hunter Rooney, Francis has no substantive legislative or policy im- Deutch Lynch Swalwell (CA) Brat Hurd Rooney, Thomas plications whatsoever.’’ But that is not what Dingell Maloney, Takano Bridenstine Issa J. Doggett Carolyn B. Thompson (CA) they have always said. Listen to the Repub- Brooks (IN) Jenkins (KS) Ros-Lehtinen Doyle, Michael Maloney, Sean Thompson (MS) lican Leadership Manual on the Legislative Buchanan Jenkins (WV) Roskam F. Matsui Titus Process in the United States House of Rep- Buck Johnson (LA) Ross Ellison McCollum Tonko resentatives, (6th edition, page 135). Here’s Bucshon Johnson (OH) Rothfus Engel McEachin Torres Budd Johnson, Sam Rouzer how the Republicans describe the previous Eshoo McGovern Tsongas Burgess Jones Royce (CA) question vote in their own manual: ‘‘Al- Espaillat McNerney Vargas Byrne Jordan Russell though it is generally not possible to amend Esty (CT) Meeks Veasey Calvert Joyce (OH) Rutherford the rule because the majority Member con- Evans Meng Vela Carter (GA) Katko Sanford Foster Moore Vela´ zquez trolling the time will not yield for the pur- Carter (TX) Kelly (MS) Schweikert Gabbard Moulton Visclosky pose of offering an amendment, the same re- Chabot Kelly (PA) Scott, Austin Gallego Murphy (FL) Walz sult may be achieved by voting down the pre- Coffman King (IA) Sensenbrenner Garamendi Nadler Wasserman vious question on the rule.... When the Cole King (NY) Sessions Gomez Neal Schultz Collins (GA) Kinzinger Shimkus motion for the previous question is defeated, Gonzalez (TX) Nolan Waters, Maxine Collins (NY) Knight Shuster control of the time passes to the Member Gottheimer Norcross Watson Coleman Comer Kustoff (TN) Simpson who led the opposition to ordering the pre- Green, Gene O’Halleran Welch Comstock Labrador Smith (MO) vious question. That Member, because he Grijalva O’Rourke Wilson (FL) Conaway LaHood Smith (NE) Gutie´rrez Pallone Yarmuth then controls the time, may offer an amend- Cook LaMalfa Smith (NJ) ment to the rule, or yield for the purpose of Crawford Lamborn Smith (TX) NOT VOTING—20 amendment.’’ Culberson Lance Smucker Bass Davis, Danny Meadows In Deschler’s Procedure in the U.S. House Curbelo (FL) Latta Stefanik Brooks (AL) Duncan (SC) Napolitano of Representatives, the subchapter titled Davidson Lewis (MN) Stewart Cheney Frankel (FL) Davis, Rodney LoBiondo Stivers Renacci ‘‘Amending Special Rules’’ states: ‘‘a refusal Costello (PA) Fudge Denham Long Taylor Richmond to order the previous question on such a rule Cramer Graves (MO) Dent Loudermilk Tenney Scalise [a special rule reported from the Committee Crowley Green, Al DeSantis Love Thompson (PA) Wittman on Rules] opens the resolution to amend- Cummings Langevin DesJarlais Lucas Thornberry ment and further debate.’’ (Chapter 21, sec- Diaz-Balart Luetkemeyer Tiberi b 1330 tion 21.2) Section 21.3 continues: ‘‘Upon re- Donovan MacArthur Tipton jection of the motion for the previous ques- Duffy Marchant Trott So the previous question was ordered. tion on a resolution reported from the Com- Duncan (TN) Marino Turner The result of the vote was announced mittee on Rules, control shifts to the Mem- Dunn Marshall Upton as above recorded. ber leading the opposition to the previous Emmer Massie Valadao Stated for: Estes (KS) Mast Wagner question, who may offer a proper amendment Mr. WITTMAN. Madam Speaker, I was un- or motion and who controls the time for de- Farenthold McCarthy Walberg Faso McCaul Walden avoidably detained. Had I been present, I bate thereon.’’ Ferguson McClintock Walker Clearly, the vote on the previous question would have voted ‘‘yea’’ on rollcall No. 410. Fitzpatrick McHenry Walorski Ms. CHENEY. Madam Speaker, I was un- on a rule does have substantive policy impli- Fleischmann McKinley Walters, Mimi cations. It is one of the only available tools Flores McMorris Weber (TX) avoidably detained in a meeting with the Chief for those who oppose the Republican major- Fortenberry Rodgers Webster (FL) of Naval Operations. Had I been present, I ity’s agenda and allows those with alter- Foxx McSally Wenstrup would have voted ‘‘yea’’ on rollcall No. 410. native views the opportunity to offer an al- Franks (AZ) Meehan Westerman Stated against: ternative plan. Frelinghuysen Messer Williams Gaetz Mitchell Wilson (SC) Mr. LANGEVIN. Madam Speaker, on rollcall Mr. BUCK. Madam Speaker, I yield Gallagher Moolenaar Womack vote No. 410 I was unavoidably detained. Had back the balance of my time, and I Garrett Mooney (WV) Woodall I been present, I would have voted ‘‘nay.’’ move the previous question on the res- Gianforte Mullin Yoder The SPEAKER pro tempore. The Gibbs Murphy (PA) Yoho question is on the resolution. olution. Gohmert Newhouse Young (AK) The SPEAKER pro tempore. The Goodlatte Noem Young (IA) The question was taken; and the question is on ordering the previous Gosar Norman Zeldin Speaker pro tempore announced that question. NAYS—184 the ayes appeared to have it. The question was taken; and the RECORDED VOTE Adams Beatty Bishop (GA) Speaker pro tempore announced that Aguilar Bera Blumenauer Mr. POLIS. Madam Speaker, I de- the ayes appeared to have it. Barraga´ n Beyer Blunt Rochester mand a recorded vote.

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.004 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6233 A recorded vote was ordered. Cartwright Jayapal Peters XVIII of the Social Security Act to im- Castor (FL) Jeffries Peterson prove the delivery of home infusion The SPEAKER pro tempore. This is a Castro (TX) Johnson (GA) Pingree 5-minute vote. Chu, Judy Johnson, E. B. Pocan therapy and dialysis and the applica- The vote was taken by electronic de- Cicilline Kaptur Polis tion of the Stark rule under the Medi- vice, and there were—ayes 233, noes 188, Clark (MA) Keating Price (NC) care program, and for other purposes, Clarke (NY) Kelly (IL) Quigley not voting 12, as follows: Clay Kennedy as amended. Raskin The Clerk read the title of the bill. [Roll No. 411] Cleaver Khanna Rice (NY) Clyburn Kihuen Richmond The text of the bill is as follows: Cohen Kildee AYES—233 Rosen H.R. 3178 Connolly Kilmer Abraham Gosar Olson Roybal-Allard Conyers Kind Be it enacted by the Senate and House of Rep- Aderholt Gowdy Palazzo Ruiz Cooper Krishnamoorthi resentatives of the United States of America in Allen Granger Palmer Ruppersberger Correa Kuster (NH) Congress assembled, Amash Graves (GA) Paulsen Costa Langevin Rush Amodei Graves (LA) SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Pearce Courtney Larsen (WA) Ryan (OH) Arrington Griffith (a) SHORT TITLE.—This Act may be cited as Perry Crist Larson (CT) Sa´ nchez Babin Grothman Pittenger Cuellar Lawrence Sarbanes the ‘‘Medicare Part B Improvement Act of Bacon Guthrie Poe (TX) Davis (CA) Lawson (FL) Schakowsky 2017’’. Banks (IN) Handel Poliquin DeFazio Lee Schiff (b) TABLE OF CONTENTS.—The table of con- Barletta Harper Posey DeGette Levin Schneider tents of this Act is as follows: Barr Harris Ratcliffe Delaney Lewis (GA) Schrader Barton Hartzler Sec. 1. Short title; table of contents. Reed DeLauro Lieu, Ted Scott (VA) Bergman Hensarling Reichert DelBene Lipinski Scott, David TITLE I—IMPROVEMENTS IN PROVISION Biggs Herrera Beutler Rice (SC) Demings Loebsack OF HOME INFUSION THERAPY Bilirakis Hice, Jody B. Serrano Roby DeSaulnier Lofgren Bishop (MI) Higgins (LA) Sewell (AL) Sec. 101. Home infusion therapy services Roe (TN) Deutch Lowenthal Bishop (UT) Hill Shea-Porter temporary transitional pay- Rogers (AL) Dingell Lowey Black Holding Sherman ment. Rogers (KY) Doggett Lujan Grisham, Blackburn Hollingsworth Sinema Sec. 102. Extension of Medicare Patient Rohrabacher Doyle, Michael M. Blum Hudson Sires Rokita F. Luja´ n, Ben Ray IVIG Access Demonstration Bost Huizenga Slaughter Ellison Lynch Project. Brady (TX) Hultgren Rooney, Francis Smith (WA) Engel Maloney, Sec. 103. Orthotist’s and prosthetist’s clin- Brat Hunter Rooney, Thomas Soto Eshoo Carolyn B. ical notes as part of the pa- Bridenstine Hurd J. Speier Espaillat Maloney, Sean Brooks (IN) Issa Ros-Lehtinen Suozzi tient’s medical record. Esty (CT) Matsui Buchanan Jenkins (KS) Roskam Swalwell (CA) TITLE II—IMPROVEMENTS IN DIALYSIS Evans McCollum Buck Jenkins (WV) Ross Takano SERVICES Foster McEachin Bucshon Johnson (LA) Rothfus Thompson (CA) Frankel (FL) McGovern Sec. 201. Independent accreditation for di- Budd Johnson (OH) Rouzer Thompson (MS) Fudge McNerney Burgess Johnson, Sam Royce (CA) alysis facilities and assurance Gabbard Meeks Titus Byrne Jones Russell of high quality surveys. Gallego Meng Tonko Calvert Jordan Rutherford Sec. 202. Expanding access to home dialysis Garamendi Moore Torres Carter (GA) Joyce (OH) Sanford therapy. Gomez Moulton Tsongas Carter (TX) Katko Schweikert Gonzalez (TX) Murphy (FL) Vargas TITLE III—IMPROVEMENTS IN Chabot Kelly (MS) Scott, Austin Gottheimer Nadler Veasey APPLICATION OF STARK RULE Cheney Kelly (PA) Sensenbrenner Green, Gene Neal Vela Coffman King (IA) Sessions Sec. 301. Modernizing the application of the Grijalva Nolan Vela´ zquez Cole King (NY) Shimkus Stark rule under Medicare. Gutie´rrez Norcross Visclosky Collins (GA) Kinzinger Shuster Sec. 302. Funds from the Medicare Improve- Hanabusa O’Halleran Walz Collins (NY) Knight Simpson ment Fund. Hastings O’Rourke Wasserman Comer Kustoff (TN) Smith (MO) Heck Pallone Schultz TITLE I—IMPROVEMENTS IN PROVISION Comstock Labrador Smith (NE) Higgins (NY) Panetta Waters, Maxine Conaway LaHood OF HOME INFUSION THERAPY Smith (NJ) Himes Pascrell Watson Coleman Cook LaMalfa SEC. 101. HOME INFUSION THERAPY SERVICES Smith (TX) Hoyer Payne Welch Cramer Lamborn TEMPORARY TRANSITIONAL PAY- Smucker Huffman Pelosi Wilson (FL) Crawford Lance MENT. Stefanik Jackson Lee Perlmutter Yarmuth Culberson Latta Stewart (a) IN GENERAL.—Section 1834(u) of the So- Curbelo (FL) Lewis (MN) Stivers NOT VOTING—12 cial Security Act (42 U.S.C. 1395m(u)) is Davidson LoBiondo Taylor Bass Cummings Meadows amended, by adding at the end the following Davis, Rodney Long Tenney new paragraph: Denham Loudermilk Brooks (AL) Davis, Danny Napolitano Thompson (PA) Costello (PA) Graves (MO) Renacci ‘‘(7) HOME INFUSION THERAPY SERVICES TEM- Dent Love Thornberry DeSantis Lucas Crowley Green, Al Scalise PORARY TRANSITIONAL PAYMENT.— Tiberi DesJarlais Luetkemeyer ‘‘(A) TEMPORARY TRANSITIONAL PAYMENT.— Tipton 1337 Diaz-Balart MacArthur b Trott ‘‘(i) IN GENERAL.—The Secretary shall, in Donovan Marchant Turner So the resolution was agreed to. accordance with the payment methodology Duffy Marino Upton The result of the vote was announced described in subparagraph (B) and subject to Duncan (SC) Marshall the provisions of this paragraph, provide a Duncan (TN) Massie Valadao as above recorded. Dunn Mast Wagner A motion to reconsider was laid on home infusion therapy services temporary Walberg Emmer McCarthy the table. transitional payment under this part to an Estes (KS) McCaul Walden eligible home infusion supplier (as defined in Farenthold McClintock Walker f subparagraph (F)) for items and services de- Faso McHenry Walorski scribed in subparagraphs (A) and (B) of sec- Ferguson McKinley Walters, Mimi ANNOUNCEMENT BY THE SPEAKER Weber (TX) tion 1861(iii)(2)) furnished during the period Fitzpatrick McMorris PRO TEMPORE specified in clause (ii) by such supplier in co- Fleischmann Rodgers Webster (FL) Flores McSally Wenstrup The SPEAKER pro tempore. Pursu- ordination with the furnishing of transi- Fortenberry Meehan Westerman ant to clause 8 of rule XX, the Chair tional home infusion drugs (as defined in Foxx Messer Williams will postpone further proceedings clause (iii)). Wilson (SC) Franks (AZ) Mitchell today on motions to suspend the rules ‘‘(ii) PERIOD SPECIFIED.—For purposes of Frelinghuysen Moolenaar Wittman clause (i), the period specified in this clause Gaetz Mooney (WV) Womack on which a recorded vote or the yeas is the period beginning on January 1, 2019, Woodall Gallagher Mullin and nays are ordered, or on which the and ending on the day before the date of the Garrett Murphy (PA) Yoder vote incurs objection under clause 6 of Gianforte Newhouse Yoho implementation of the payment system Gibbs Noem Young (AK) rule XX. under paragraph (1)(A). Gohmert Norman Young (IA) The House will resume proceedings ‘‘(iii) TRANSITIONAL HOME INFUSION DRUG Goodlatte Nunes Zeldin on postponed questions at a later time. DEFINED.—For purposes of this paragraph, the term ‘transitional home infusion drug’ NOES—188 f has the meaning given to the term ‘home in- Adams Blumenauer Brownley (CA) MEDICARE PART B IMPROVEMENT fusion drug’ under section 1861(iii)(3)(C)), ex- Aguilar Blunt Rochester Bustos cept that clause (ii) of such section shall not Barraga´ n Bonamici Butterfield ACT OF 2017 apply if a drug described in such clause is Beatty Boyle, Brendan Capuano Mr. BRADY of Texas. Madam Speak- Bera F. Carbajal identified in clauses (i), (ii), (iii) or (iv) of Beyer Brady (PA) Ca´ rdenas er, I move to suspend the rules and subparagraph (C) as of the date of the enact- Bishop (GA) Brown (MD) Carson (IN) pass the bill (H.R. 3178) to amend title ment of this paragraph.

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‘‘(B) PAYMENT METHODOLOGY.—For pur- to drugs included in payment category 1 de- (1) in paragraph (1), by inserting after ‘‘for poses of this paragraph, the Secretary shall scribed in subparagraph (C)(i), are one unit a period of 3 years’’ the following: ‘‘and, sub- establish a payment methodology, with re- of HCPCS code 96365 plus four units of ject to the availability of funds under sub- spect to items and services described in sub- HCPCS code 96366 (as identified as of July 1, section (g)— paragraph (A)(i). Under such payment meth- 2017, and as subsequently modified by the ‘‘(A) if the date of enactment of the Medi- odology the Secretary shall— Secretary). care Part B Improvement Act of 2017 is on or ‘‘(i) create the three payment categories ‘‘(iii) PAYMENT AMOUNT FOR CATEGORY 2.— before September 30, 2017, for the period be- described in clauses (i), (ii), and (iii) of sub- For purposes of clause (i), the codes and ginning on October 1, 2017, and ending on De- paragraph (C); units described in this clause, with respect cember 31, 2020; and ‘‘(ii) assign drugs to such categories, in ac- to drugs included in payment category 2 de- ‘‘(B) if the date of enactment of such Act is cordance with such clauses; scribed in subparagraph (C)(i), are one unit after September 30, 2017, for the period begin- ‘‘(iii) assign appropriate Healthcare Com- of HCPCS code 96369 plus four units of ning on the date of enactment of such Act mon Procedure Coding System (HCPCS) HCPCS code 96370 (as identified as of July 1, and ending on December 31, 2020’’ ’’; and codes to each payment category; and 2017, and as subsequently modified by the (2) in paragraph (2), by adding at the end ‘‘(iv) establish a single payment amount Secretary). the following new sentences: ‘‘Subject to the for each such payment category, in accord- ‘‘(iv) PAYMENT AMOUNT FOR CATEGORY 3.— preceding sentence, a Medicare beneficiary ance with subparagraph (D), for each infu- For purposes of clause (i), the codes and enrolled in the demonstration project on sion drug administration calendar day in the units described in this clause, with respect September 30, 2017, shall be automatically individual’s home for drugs assigned to such to drugs included in payment category 3 de- enrolled during the period beginning on the category. scribed in subparagraph (C)(i), are one unit date of the enactment of the Medicare Part ‘‘(C) PAYMENT CATEGORIES.— of HCPCS code 96413 plus four units of B Improvement Act of 2017 and ending on De- ‘‘(i) PAYMENT CATEGORY 1.—The Secretary HCPCS code 96415 (as identified as of July 1, cember 31, 2020, without submission of an- shall create a payment category 1 and assign 2017, and as subsequently modified by the other application. Chapter 35 of title 44, to such category drugs which are covered Secretary). United States Code, shall not apply to any under the Local Coverage Determination on ‘‘(E) CLARIFICATIONS.— application form used for a Medicare bene- External Infusion Pumps (LCD number ‘‘(i) INFUSION DRUG ADMINISTRATION DAY.— ficiary who enrolls in the demonstration L33794) and billed with the following HCPCS For purposes of this subsection, a reference, project on or after such date of enactment.’’. codes (as identified as of July 1, 2017, and as with respect to the furnishing of transitional SEC. 103. ORTHOTIST’S AND PROSTHETIST’S subsequently modified by the Secretary): home infusion drugs or home infusion drugs CLINICAL NOTES AS PART OF THE J0133, J0285, J0287, J0288, J0289, J0895, J1170, to an individual by an eligible home infusion PATIENT’S MEDICAL RECORD. J1250, J1265, J1325, J1455, J1457, J1570, J2175, supplier, to payment to such supplier for an Section 1834(h) of the Social Security Act J2260, J2270, J2274, J2278, J3010, or J3285. infusion drug administration calendar day in (42 U.S.C. 1395m(h)) is amended by adding at ‘‘(ii) PAYMENT CATEGORY 2.—The Secretary the individual’s home shall refer to payment the end the following new paragraph: shall create a payment category 2 and assign only for the date on which professional serv- ‘‘(5) DOCUMENTATION CREATED BY to such category drugs which are covered ices (as described in section 1861(iii)(2)(A)) ORTHOTISTS AND PROSTHETISTS.—For purposes under such local coverage determination and were furnished to administer such drugs to of determining the reasonableness and med- billed with the following HCPCS codes (as such individual. For purposes of the previous ical necessity of orthotics and prosthetics, identified as of July 1, 2017, and as subse- sentence, an infusion drug administration documentation created by an orthotist or quently modified by the Secretary): J1559 calendar day shall include all such drugs ad- prosthetist shall be considered part of the in- JB, J1561 JB, J1562 JB, J1569 JB, or J1575 JB. ministered to such individual on such day. dividual’s medical record to support docu- ‘‘(iii) PAYMENT CATEGORY 3.—The Secretary ‘‘(ii) TREATMENT OF MULTIPLE DRUGS ADMIN- mentation created by eligible professionals shall create a payment category 3 and assign ISTERED ON SAME INFUSION DRUG ADMINISTRA- described in section 1848(k)(3)(B).’’. to such category drugs which are covered TION DAY.—In the case that an eligible home under such local coverage determination and TITLE II—IMPROVEMENTS IN DIALYSIS infusion supplier, with respect to an infusion SERVICES billed with the following HCPCS codes (as drug administration calendar day in an indi- identified as of July 1, 2017, and as subse- vidual’s home, furnishes to such individual SEC. 201. INDEPENDENT ACCREDITATION FOR DI- quently modified by the Secretary): J9000, ALYSIS FACILITIES AND ASSURANCE transitional home infusion drugs which are J9039, J9040, J9065, J9100, J9190, J9200, J9360, OF HIGH QUALITY SURVEYS. not all assigned to the same payment cat- or J9370. (a) ACCREDITATION AND SURVEYS.— egory under subparagraph (C), payment to ‘‘(iv) INFUSION DRUGS NOT OTHERWISE IN- (1) IN GENERAL.—Section 1865 of the Social such supplier for such infusion drug adminis- CLUDED.—With respect to drugs that are not Security Act (42 U.S.C. 1395bb) is amended— tration calendar day in the individual’s included in payment category 1, 2, or 3 under (A) in subsection (a)— home shall be a single payment equal to the clause (i), (ii), or (iii), respectively, the Sec- (i) in paragraph (1), in the matter pre- amount of payment under this paragraph for retary shall assign to the most appropriate ceding subparagraph (A), by striking ‘‘or the the drug, among all such drugs so furnished of such categories, as determined by the Sec- conditions and requirements under section retary, drugs which are— to such individual during such calendar day, 1881(b)’’; and ‘‘(I) covered under such local coverage de- for which the highest payment would be (ii) in paragraph (4), by inserting ‘‘(includ- termination and billed under HCPCS codes made under this paragraph. ing a renal dialysis facility)’’ after ‘‘facil- J7799 or J7999 (as identified as of July 1, 2017, ‘‘(F) ELIGIBLE HOME INFUSION SUPPLIERS.— ity’’; and and as subsequently modified by the Sec- In this paragraph, the term ‘eligible home (B) by adding at the end the following new retary); or infusion supplier’ means a supplier that is subsection: ‘‘(II) billed under any code that is imple- enrolled under this part as a pharmacy that ‘‘(e) With respect to an accreditation body mented after the date of the enactment of provides external infusion pumps and exter- that has received approval from the Sec- this paragraph and included in such local nal infusion pump supplies and that main- retary under subsection (a)(3)(A) for accredi- coverage determination or included in sub- tains all pharmacy licensure requirements in tation of provider entities that are required regulatory guidance as a home infusion drug the State in which the applicable infusion to meet the conditions and requirements described in subparagraph (A)(i). drugs are administered. under section 1881(b), in addition to review ‘‘(G) IMPLEMENTATION.—Notwithstanding ‘‘(D) PAYMENT AMOUNTS.— and oversight authorities otherwise applica- any other provision of law, the Secretary ‘‘(i) IN GENERAL.—Under the payment ble under this title, the Secretary shall (as methodology, the Secretary shall pay eligi- may implement this paragraph by program the Secretary determines appropriate) con- ble home infusion suppliers, with respect to instruction or otherwise.’’. duct, with respect to such accreditation body (b) CONFORMING AMENDMENT.—Section items and services described in subparagraph and provider entities, any or all of the fol- 1842(b)(6)(I) of the Social Security Act (42 (A)(i) furnished during the period described lowing as frequently as is otherwise required U.S.C. 1395u(b)(6)(I)) is amended by inserting in subparagraph (A)(ii) by such supplier to to be conducted under this title with respect ‘‘or, in the case of items and services de- an individual, at amounts equal to the scribed in clause (i) of section 1834(u)(7)(A) to other accreditation bodies or other pro- amounts determined under the physician fee furnished to an individual during the period vider entities: schedule established under section 1848 for described in clause (ii) of such section, pay- ‘‘(1) Validation surveys referred to in sub- services furnished during the year for codes ment shall be made to the eligible home in- section (d). and units of such codes described in clauses fusion therapy supplier’’ after ‘‘payment ‘‘(2) Accreditation program reviews (as de- (ii), (iii), and (iv) with respect to drugs in- shall be made to the qualified home infusion fined in section 488.8(c) of title 42 of the Code cluded in the payment category under sub- therapy supplier’’. of Federal Regulations, or a successor regu- paragraph (C) specified in the respective SEC. 102. EXTENSION OF MEDICARE PATIENT lation). clause, determined without application of IVIG ACCESS DEMONSTRATION ‘‘(3) Performance reviews (as defined in the geographic adjustment under subsection PROJECT. section 488.8(a) of title 42 of the Code of Fed- (e) of such section. Section 101(b) of the Medicare IVIG Access eral Regulations, or a successor regula- ‘‘(ii) PAYMENT AMOUNT FOR CATEGORY 1.— and Strengthening Medicare and Repaying tion).’’. For purposes of clause (i), the codes and Taxpayers Act of 2012 (42 U.S.C. 1395l note) is (2) TIMING FOR ACCEPTANCE OF REQUESTS units described in this clause, with respect amended— FROM ACCREDITATION ORGANIZATIONS.—Not

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later than 90 days after the date of enact- services furnished on or after January 1, 2019, ‘‘(E) SPECIAL RULE FOR SIGNATURE REQUIRE- ment of this Act, the Secretary of Health for purposes of section 1881(b)(3)(B), at an MENTS.—In the case of any requirement pur- and Human Services shall begin accepting originating site described in subclause (VI), suant to this section for a compensation ar- requests from national accreditation bodies (IX), or (X) of paragraph (4)(C)(ii)), subject to rangement to be in writing and signed by the for a finding described in section 1865(a)(3)(A) applicable State law requirements, including parties, such signature requirement shall be of the Social Security Act (42 U.S.C. State licensure requirements.’’. met if— 1395bb(a)(3)(A)) for purposes of accrediting (2) NO FACILITY FEE IF ORIGINATING SITE FOR ‘‘(i) not later than 90 consecutive calendar provider entities that are required to meet HOME DIALYSIS THERAPY IS THE HOME.—Sec- days immediately following the date on the conditions and requirements under sec- tion 1834(m)(2)(B) of the Social Security (42 which the compensation arrangement be- tion 1881(b) of such Act (42 U.S.C. 1395rr(b)). U.S.C. 1395m(m)(2)(B)) is amended— came noncompliant, the parties obtain the (b) REQUIREMENT FOR TIMING OF SURVEYS (A) by redesignating clauses (i) and (ii) as required signatures; and OF NEW DIALYSIS FACILITIES.—Section subclauses (I) and (II), respectively, and by ‘‘(ii) the compensation arrangement other- 1881(b)(1) of the Social Security Act (42 indenting each of such subclauses 2 ems to wise complies with all criteria of the appli- U.S.C. 1395rr(b)(1)) is amended by adding at the right; cable exception.’’. the end the following new sentence: ‘‘Begin- (B) in subclause (II), as redesignated by (b) INDEFINITE HOLDOVER FOR LEASE AR- ning 180 days after the date of the enactment subparagraph (A), by striking ‘‘clause (i) or RANGEMENTS AND PERSONAL SERVICES AR- of this sentence, an initial survey of a pro- this clause’’ and inserting ‘‘subclause (I) or RANGEMENTS PURSUANT TO THE STARK vider of services or a renal dialysis facility this subclause’’; RULE.—Section 1877(e) of the Social Security to determine if the conditions and require- (C) by striking ‘‘SITE.—With respect to’’ Act (42 U.S.C. 1395nn(e)) is amended— ments under this paragraph are met shall be and inserting ‘‘SITE.— (1) in paragraph (1), by adding at the end initiated not later than 90 days after such ‘‘(i) IN GENERAL.—Subject to clause (ii), the following new subparagraph: date on which both the provider enrollment with respect to’’; and ‘‘(C) HOLDOVER LEASE ARRANGEMENTS.—In form (without regard to whether such form (D) by adding at the end the following new the case of a holdover lease arrangement for is submitted prior to or after such date of en- clause: the lease of office space or equipment, which actment) has been determined by the Sec- ‘‘(ii) NO FACILITY FEE IF ORIGINATING SITE immediately follows a lease arrangement de- retary to be complete and the provider’s en- FOR HOME DIALYSIS THERAPY IS THE HOME.— scribed in subparagraph (A) for the use of rollment status indicates approval is pending No facility fee shall be paid under this sub- such office space or subparagraph (B) for the the results of such survey.’’. paragraph to an originating site described in use of such equipment and that expired after SEC. 202. EXPANDING ACCESS TO HOME DIALYSIS subclause (X) of paragraph (4)(C)(ii).’’. a term of at least one year, payments made THERAPY. (c) CLARIFICATION REGARDING TELEHEALTH by the lessee to the lessor pursuant to such (a) ALLOWING USE OF TELEHEALTH FOR PROVIDED TO BENEFICIARIES.—Section holdover lease arrangement, if— MONTHLY END STAGE RENAL DISEASE-RE- 1128A(i)(6) of the Social Security Act (42 ‘‘(i) the lease arrangement met the condi- LATED VISITS.— U.S.C. 1320a–7a(i)(6)) is amended— tions of subparagraph (A) for the lease of of- (1) IN GENERAL.—Paragraph (3) of section (1) in subparagraph (H), by striking ‘‘; or’’ fice space or subparagraph (B) for the use of 1881(b) of the Social Security Act (42 U.S.C. and inserting a semicolon; equipment when the arrangement expired; 1395rr(b)) is amended— (2) in subparagraph (I), by striking the pe- ‘‘(ii) the holdover lease arrangement is on (A) by redesignating subparagraphs (A) and riod at the end and inserting ‘‘; or’’; and the same terms and conditions as the imme- (B) as clauses (i) and (ii), respectively; (3) by adding at the end the following new diately preceding arrangement; and (B) in clause (i), as redesignated by sub- subparagraph: ‘‘(iii) the holdover arrangement continues paragraph (A), by striking ‘‘under this sub- ‘‘(J) the provision of telehealth tech- to satisfy the conditions of subparagraph (A) paragraph’’ and inserting ‘‘under this nologies on or after January 1, 2019, to indi- for the lease of office space or subparagraph clause’’; viduals with end stage renal disease under (B) for the use of equipment.’’; and (C) in clause (ii), as redesignated by sub- title XVIII by a health care provider for the (2) in paragraph (3), by adding at the end paragraph (A), by inserting ‘‘subject to sub- purpose of furnishing of telehealth.’’. the following new subparagraph: paragraph (B),’’ before ‘‘on a comprehen- (d) STUDY AND REPORT ON FURTHER EXPAN- ‘‘(C) HOLDOVER PERSONAL SERVICE AR- sive’’; SION.— RANGEMENT.—In the case of a holdover per- (D) by striking ‘‘With respect to’’ and in- (1) STUDY.—The Comptroller General of the sonal service arrangement, which imme- serting ‘‘(A) With respect to’’; and United States shall conduct a study to exam- diately follows an arrangement described in (E) by adding at the end the following new ine the feasibility, benefits, and drawbacks subparagraph (A) that expired after a term of subparagraph: of expanding the use of telehealth and store- at least one year, remuneration from an en- ‘‘(B)(i) Subject to clause (ii), an individual and-forward technologies under the Medicare tity pursuant to such holdover personal serv- who is determined to have end stage renal program under title XVIII of the Social Se- ice arrangement, if— disease and who is receiving home dialysis curity Act for items and services included in ‘‘(i) the personal service arrangement met may choose to receive monthly end stage renal dialysis services, as such term is de- the conditions of subparagraph (A) when the renal disease-related visits, furnished on or fined in section 1881(b)(14)(B) of such Act (42 arrangement expired; after January 1, 2019, via telehealth. U.S.C. 1395rr(b)(14)(B)). ‘‘(ii) the holdover personal service arrange- ‘‘(ii) Clause (i) shall apply to an individual (2) REPORT.—Not later than two years after ment is on the same terms and conditions as only if the individual receives a face-to-face the date of the enactment of this Act, the the immediately preceding arrangement; and visit, without the use of telehealth— Comptroller General shall submit to Con- ‘‘(iii) the holdover arrangement continues ‘‘(I) in the case of the initial three months gress a report on the results of the study to satisfy the conditions of subparagraph of home dialysis of such individual, at least conducted under paragraph (1). (A).’’. monthly; and TITLE III—IMPROVEMENTS IN SEC. 302. FUNDS FROM THE MEDICARE IMPROVE- ‘‘(II) after such initial three months, at APPLICATION OF STARK RULE MENT FUND. least once every three consecutive months.’’. SEC. 301. MODERNIZING THE APPLICATION OF Section 1898(b)(1) of the Social Security (2) CONFORMING AMENDMENT.—Paragraph THE STARK RULE UNDER MEDI- Act (42 U.S.C. 1395iii(b)(1)) is amended by (1) of such section is amended by striking CARE. striking ‘‘during and after fiscal year 2021, ‘‘paragraph (3)(A)’’ and inserting ‘‘paragraph (a) CLARIFICATION OF THE WRITING REQUIRE- $270,000,000’’ and inserting ‘‘during and after (3)(A)(i)’’. MENT AND SIGNATURE REQUIREMENT FOR AR- fiscal year 2021, $245,000,000’’. (b) EXPANDING ORIGINATING SITES FOR RANGEMENTS PURSUANT TO THE STARK The SPEAKER pro tempore. Pursu- TELEHEALTH TO INCLUDE RENAL DIALYSIS FA- RULE.— ant to the rule, the gentleman from CILITIES AND THE HOME FOR PURPOSES OF (1) WRITING REQUIREMENT.—Section Texas (Mr. BRADY) and the gentleman MONTHLY END STAGE RENAL DISEASE-RE- 1877(h)(1) of the Social Security Act (42 LATED VISITS.— U.S.C. 1395nn(h)(1)) is amended by adding at from Massachusetts (Mr. NEAL) each (1) IN GENERAL.—Section 1834(m) of the So- the end the following new subparagraph: will control 20 minutes. cial Security Act (42 U.S.C. 1395m(m)) is ‘‘(D) WRITTEN REQUIREMENT CLARIFIED.—In The Chair recognizes the gentleman amended— the case of any requirement pursuant to this from Texas. (A) in paragraph (4)(C)(ii), by adding at the section for a compensation arrangement to GENERAL LEAVE end the following new subclauses: be in writing, such requirement shall be sat- Mr. BRADY of Texas. Madam Speak- ‘‘(IX) A renal dialysis facility, but only for isfied by such means as determined by the er, I ask unanimous consent that all purposes of section 1881(b)(3)(B). Secretary, including by a collection of docu- Members may have 5 legislative days ‘‘(X) The home of an individual, but only ments, including contemporaneous docu- within which to revise and extend their for purposes of section 1881(b)(3)(B).’’; and ments evidencing the course of conduct be- (B) by adding at the end the following new tween the parties involved.’’. remarks and include extraneous mate- paragraph: (2) SIGNATURE REQUIREMENT.—Section rial on H.R. 3178, currently under con- ‘‘(5) TREATMENT OF HOME DIALYSIS MONTHLY 1877(h)(1) of the Social Security Act (42 sideration. ESRD-RELATED VISIT.—The geographic re- U.S.C. 1395nn(h)(1)), as amended by para- The SPEAKER pro tempore. Is there quirements described in paragraph (4)(C)(i) graph (1), is further amended by adding at objection to the request of the gen- shall not apply with respect to telehealth the end the following new subparagraph: tleman from Texas?

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.005 H25JYPT1 H6236 CONGRESSIONAL RECORD — HOUSE July 25, 2017 There was no objection. together, we can solve real challenges Madam Speaker, I encourage my col- Mr. BRADY of Texas. Madam Speak- facing patients, families, and leagues to support H.R. 3178, and I re- er, I yield myself such time as I may healthcare providers in our commu- serve the balance of my time. consume. nities. Mr. TIBERI. Madam Speaker, I yield Madam Speaker, improving and I would like to thank all the Ways myself such time as I may consume. strengthening Medicare for the long and Means members on both sides of Madam Speaker, I stand in this term is a major priority for the Amer- the aisle who helped craft the solutions Chamber today in strong support of ican people and Members of Congress in this bill. I would also like to recog- H.R. 3178, a package of bipartisan poli- on both sides of the aisle; but as we nize Chairman WALDEN and Ranking cies centered on improving care for pursue this larger goal, we should not Member PALLONE of the Energy and Medicare beneficiaries across several pass up opportunities to make smart, Commerce Committee for their leader- areas. focused improvements that will help ship and hard work in helping us move In particular, H.R. 3178 includes a bill Medicare beneficiaries today. That is this bill forward. that I introduced with my friend and exactly what the Medicare Part B Im- The Medicare Part B Improvement colleague from New Jersey, Mr. BILL provement Act will do. Act takes targeted action to make PASCRELL, that provides a temporary I introduced this bill with Ways and Medicare work better for the American transitional payment for home infusion Means Ranking Member , people. I urge all of my colleagues to providers. The 21st Century Cures Act created a Health Subcommittee Chairman PAT join me in supporting its passage. new reimbursement benefit for home TIBERI, and Ranking Member SANDER Madam Speaker, I reserve the bal- infusion therapies beginning in 2021. LEVIN. This legislation delivers tar- ance of my time, and I ask unanimous This new temporary transitional pay- geted, immediate reforms to make consent that the gentleman from Ohio ment will bridge the potential gap in Medicare work better for the American (Mr. TIBERI), chairman of the Health care for beneficiaries, and home infu- people, and it includes solutions from Subcommittee, be permitted to control sion providers will continue to admin- roughly one dozen Members of Con- the remainder of the time. ister these therapies without going gress on both sides of the aisle. The SPEAKER pro tempore. Is there bankrupt. objection to the request of the gen- The Medicare Part B Improvement This legislation includes other good Act takes action on three primary tleman from Texas? public policies that further encourage There was no objection. goals: first, expanding access to high- giving seniors the choice to receive Mr. NEAL. Madam Speaker, I yield quality care; second, improving effi- more care in the comfort of their own myself such time as I may consume. ciency in the delivery of care so that homes, as well as expanding access to Madam Speaker, I stand in support of patients can better receive the care providers, particularly in rural and in H.R. 3178, the Medicare Part B Im- they need when they need it; and, needy areas. third, easing administrative burdens on provement Act of 2017. I would like to thank my colleagues healthcare providers so they can spend I am pleased that Chairman BRADY, on the Ways and Means Committee for less time on paperwork and more time along with Health Subcommittee their support. I would also like to with patients. Chairman TIBERI, Ranking Member thank my colleagues on the Energy Importantly, H.R. 3178 extends and LEVIN, and I worked in a bipartisan and Commerce Committee for their improves Medicare home infusion serv- manner to draft this legislation. It commitment to working on this issue, brings together a number of important ices, which allow patients to receive especially MICHAEL BURGESS, as well as measures to improve Medicare part B. I personalized care in the comfort of Chairman Emeritus FRED UPTON, who their own home. encourage all of our colleagues to sup- helped pave the way for these policies This legislation also extends an ongo- port it. with the passage of the 21st Century As I said during the bipartisan Ways ing Medicare pilot program, the IVIG Cures Act. demonstration program, that allows and Means Committee markup of H.R. Madam Speaker, I would like to con- patients with weakened immune sys- 3178, I hope the committee will be able clude with a commitment that this is tems to receive care in their homes. to hold more meetings like this. This is not an end for policies encouraging This demonstration program carries what the American people want and ex- care—especially drug infusion—in the a lot of meaning for me. I introduced it pect from their Members: to get things home for patients who choose to do so. in 2012 as a direct response to the chal- done in a bipartisan manner. We look forward to working with the lenges facing patients with immuno- The bill before us today is pretty administration and clarifying current deficiency diseases. straightforward. It makes important rules to ensure we successfully imple- changes to Medicare part B in a num- b 1345 ment both this legislation and future ber of ways. It includes a commonsense policies to ensure inclusion of payment As I learned from Carol Ann transitional policy for home infusion for all drugs needed by the home infu- Demaret, a constituent and friend of services, cosponsored by Mr. TIBERI and sion patient community. mine whose son David suffered from se- Mr. PASCRELL. Madam Speaker, I reserve the bal- vere combined immunodeficiency dis- Our colleagues Mr. BISHOP and Mr. ance of my time. ease, life with a severely weakened im- MIKE THOMPSON are cosponsors of lan- Mr. NEAL. Madam Speaker, I yield 3 mune system can be an incredible guage to streamline Medicare rules to minutes to the gentleman from Cali- struggle. For children especially, it can improve access to medically necessary fornia (Mr. THOMPSON). be a daily fight just to survive. prosthetics and orthotics. Mr. THOMPSON of California. Allowing these vulnerable patients to Mr. cosponsored lan- Madam Speaker, I thank the gen- receive treatment from the safety of guage to help dialysis facilities im- tleman for yielding. their own home cannot only improve prove backlogs so they can more effi- Madam Speaker, I rise in strong sup- the quality of care, it can greatly en- ciently treat end-stage renal disease. port of this legislation, and I want to hance their quality of life. It can give Ms. DELBENE and Mr. MIKE THOMP- thank all my colleagues who worked in a kid a real chance to be a kid. SON are cosponsors of a bill that allows a bipartisan manner to make it hap- In addition to these important provi- telehealth so patients can receive di- pen. sions, this bill contains numerous solu- alysis in the comfort of their own Patients and providers in my district tions that will lower healthcare costs home. and across the country will benefit and increase access to high-quality, co- Finally, the measure includes clari- from these important improvements, ordinated care for beneficiaries. fication language to Stark laws that and I am proud to support them. More than that, the bill is an excel- Mr. KIND led to provide more certainty Two provisions come from bipartisan lent example of what we can accom- for Medicare providers. bills that I have worked on for a num- plish through regular order. This legis- Our colleagues on both sides of the ber of years. The first helps patients lation was approved unanimously by aisle worked hard on these bills, and I get the devices they need while keep- the Ways and Means Committee on am pleased we can move them forward ing fraudulent providers out of Medi- July 13. It demonstrates how, working in a bipartisan manner. care. The change we are debating today

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.034 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6237 will ensure that any documentation However, as my subcommittee Ms. JENKINS of Kansas. Madam created by device experts will be in- learned in a hearing on this issue just Speaker, I rise today in support of H.R. cluded in a patient’s medical record to last week, there is still more that must 3178, the Medicare Part B Improvement support the physician’s directions. be done to integrate these two policies Act of 2017, which includes my legisla- The second provision that I authored without jeopardizing access to patient tion, the Dialysis Certification Act. comes from the comprehensive tele- care. Therefore, today’s bill creates a Kansas currently ranks among the health packages that I have been work- bridge to connect these critical policies top three longest wait times for dialy- ing on with Representative BLACK and and to resolve the issue. sis center surveys. The lack of man- our colleagues from the Energy and Additionally, H.R. 3178 takes an addi- power at the State administrative Commerce Committee, Mr. WELCH and tional needed step to protect home agency that contracts with CMS for Mr. HARPER. This change will allow for health services by expanding opportu- these surveys has left some clinics virtual visits and remote patient moni- nities for individuals to receive home waiting 2 years for a certification. This toring for kidney failure patients liv- dialysis. Access to services like home bill gives dialysis providers the oppor- ing at home. Letting these patients infusion and home dialysis has had a tunity to receive surveys and certifi- utilize telehealth ensures that they can significant impact in my home State of cations from a CMS-approved third- access the services they need from the Texas, and I am encouraged by today’s party accreditor, much like hospitals setting that they prefer: their homes. bill, as it will build upon these addi- are able to do now. This bill is another step forward in tional successes for Texans and all b 1400 the expansion of telehealth, but we can Americans. do a lot more. Our telehealth bills offer I would like to thank Chairman Those third-party organizations must a menu of options for moving forward. BRADY, Chairman TIBERI, and Chair- demonstrate their standards are as Policies like paying for telestroke man WALDEN for their leadership on good as or better than the standards services or adding telehealth to the the bill. They rose to the challenge to used by CMS, and the Secretary must Medicare Advantage program have bi- address these tough policy decisions. approve them. partisan support among both Houses, This bill is a product of their hard I toured several clinics in my district as well as a broad coalition of support work, as well as the hard work of all last year, and I was frustrated to learn from stakeholders. the staff involved at the subcommittee that a state-of-the-art clinic, necessary We know they save money. I have and full committee level, and I thank to fill a need in Topeka for ESRD pa- worked on telehealth for decades. When them as well. tients, has been waiting 2 years for an I was in the California State Senate, I Mr. NEAL. Madam Speaker, I yield 2 initial survey, and a clinic in Pitts- wrote the State’s first telehealth legis- minutes to the gentleman from New burg, Kansas, has been waiting for 250 lation to bring critical services to folks Jersey (Mr. PASCRELL). days. Without these clinics, patients enrolled in the State Medicaid pro- Mr. PASCRELL. Madam Speaker, I are forced to find clinics much further gram. That was in 1996. Now it is 2017, rise today in support of H.R. 3178, the away, which, depending on the access and we still haven’t passed, in Con- Medicare Part B Improvement Act. to transportation, can be a barrier to gress, comprehensive telehealth legis- I am pleased that the bill before us treatment. That is unacceptable, and lation that would expand access for today includes legislation that I intro- this problem will be easily solved by Medicare beneficiaries. duced with my good friend this provision. It is long past time for Congress to from Ohio, the Medicare Part B Home I want to thank my cosponsor, Con- come to the conclusion that California Infusion Services Temporary Transi- gressman JOHN LEWIS, the Energy and reached long ago: telehealth saves tional Payment Act. Commerce Committee and the Ways money, and it saves lives. I am opti- Listening to Mr. TIBERI and Mr. and Means Committee chairmen for mistic that the passage of this bill is NEAL, I believe what they say should quickly moving this bill to the House just a small sample of what is to come resonate across the Hill. This can’t be floor for action. This provision will in regard to telehealth in the future. allow dialysis clinics across America to Mr. TIBERI. Madam Speaker, I yield one and done. Bipartisanship is some- more easily obtain a survey so they 2 minutes to the gentleman from Texas thing that should be contagious, par- may serve patients that depend on (Mr. BURGESS), chairman of the Health ticularly as we are talking about a their care. Subcommittee of the Energy and Com- healthcare event which is important Mr. NEAL. Madam Speaker, I yield 2 merce Committee and a leader on and may mean life or death to many of minutes to the gentlewoman from healthcare issues. our citizens. Mr. BURGESS. Madam Speaker, I Home infusion is an essential treat- Washington (Ms. DELBENE), who is a thank the gentleman for yielding. ment option for individuals suffering coauthor of this legislation. Madam Speaker, I rise in support of from many, many debilitating diseases Ms. DELBENE. Madam Speaker, I H.R. 3178, the Medicare Part B Im- like cancer, congestive heart failure, would like to thank the chair and the provement Act of 2017. multiple sclerosis, and rheumatoid ar- ranking member for working with me This bill represents a series of bipar- thritis. The 21st Century Cures Act, to include a proposal in this bill that I tisan reforms from the Committees on which became law last year, correctly developed with Congresswoman BLACK, Energy and Commerce and Ways and adjusted payments for home infusion Congressman THOMPSON, and Congress- Means that will provide targeted re- drugs and would establish a new home man MEEHAN modernizing Medicare forms to improve access to care for infusion nursing benefit within Medi- and harnessing the promise of tele- Medicare beneficiaries. care beginning in 2021. health to improve care for patients na- Home infusion patients are often- However, we have heard concerns tionwide. times our Nation’s sickest and most that the payment adjustment going Allowing patients with end-stage vulnerable, and maintaining access to into effect before the nursing benefit is renal disease to receive dialysis at these services in home settings has implemented could jeopardize access to home can dramatically improve their proved invaluable in ensuring that pa- home infusion in the interim. The bill health outcomes and quality of life. tients can continue to effectively re- that Congressman TIBERI from Ohio This is something I have heard consist- ceive the care that they need. and I introduced would address that ently from providers in my home State Under last year’s 21st Century Cures concern by creating a temporary nurs- of Washington, like the Northwest Kid- Act, we took the necessary steps to en- ing benefit until the new permanent ney Centers, who do incredible work to sure that taxpayers and beneficiaries benefit can be implemented. help patients receive dialysis at home were no longer overcharged on the ac- Madam Speaker, I urge my col- when it is medically appropriate. quisition and dispensing costs associ- leagues to support H.R. 3178. Advances in telehealth hold great po- ated with home infusion. Additionally, Mr. TIBERI. Madam Speaker, I yield tential to extend this treatment option we took complementary steps to recog- 2 minutes to the gentlewoman from to more Americans, particularly in nize the unique education needs associ- Kansas (Ms. JENKINS), a valuable mem- rural communities, but there are still ated with receiving infusion in the ber of our Health Subcommittee of the too many barriers to the use of cut- home. Ways and Means Committee. ting-edge technologies in Medicare.

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.036 H25JYPT1 H6238 CONGRESSIONAL RECORD — HOUSE July 25, 2017 There is a great need to update our So I urge my colleagues to take a leadership of the House Ways and laws to reflect these innovations and vote for your constituents and for Means Committee fears. It fears not reimburse telehealth appropriately; Medicare beneficiaries across the coun- only doing something about this prob- otherwise, we won’t just be denying ac- try and support this bill. lem, it fears about even understanding cess to healthcare today, we could be I also look forward to continuing this the extent of the problem, and it cer- preventing the next frontier of innova- work. This is certainly not the end of tainly fears having any public hearings tions from even getting off the ground. what we can do for our patients who to explore this subject. That is the Without the long-term visibility of are homebound and need care in the menace that is affecting millions of Medicare coverage, startups and entre- home. I will continue this work with people across this country: pharma- preneurs might never get the funding Members on both sides of the aisle, ceutical price gouging. they need to develop new technologies which is being done now, for our Na- This bill fails to address any aspect and bring them to market. It is essen- tion’s seniors to have access to these of soaring pharmaceutical costs of part tial that we unlock the full potential of kinds of innovative telehealth tech- B medications. For almost a year, a telehealth. By doing so, we can im- nologies that will improve care and number of us, House Democrats on the prove patient care, promote health, de- also, more importantly, help to lower Ways and Means Committee, have feat heartbreaking diseases, and save the cost of treatment. called on the chairman to at least lives. That is why I am so glad we are I urge passage of this amendment. schedule a hearing about all aspects, taking this step today. Mr. NEAL. Mr. Speaker, I yield 1 all categories of soaring pharma- Thank you again to the committee minute to the gentlewoman from Cali- ceutical prices that not only mean fi- for working with me on this important fornia (Ms. MATSUI), whose husband nancial ruin for too many families, but bill, and I hope it is the first of many served with great distinction as a also burden Medicare and most any victories as we work together to ex- member of the Ways and Means Com- type of taxpayer-financed healthcare pand telehealth. mittee. initiative. I urge my colleagues to vote ‘‘yes.’’ Ms. MATSUI. Mr. Speaker, I rise Government-approved monopolies for Mr. TIBERI. Mr. Speaker, I yield 2 today in support of H.R. 3178, the Medi- drug manufacturers are being exploited minutes to the gentlewoman from Ten- care Part B Improvement Act, and, by charging the sick and dying what- nessee (Mrs. BLACK), a valuable mem- specifically, a provision to extend the ever they might pay for a little more ber of the Health Subcommittee of the IVIG demonstration project that Chair- life, for a little more comfort at mo- Committee on Ways and Means and man BRADY and I worked on together. nopoly prices. who, as you have already heard from I have long been a champion of those Under longstanding existing law—it previous speakers, has an important impacted by primary immuno- has been there before this Congress provision in this bill and who, more im- deficiency diseases, which include more ever got together—pharmaceutical portantly, brings her valuable training than 300 rare genetic diseases, all of companies are at least required to pro- as a nurse who practiced before she which keep the immune system from vide average sales price data on part B came to Congress. functioning properly. A mild infection Medicare drugs. Three years ago, the Mrs. BLACK. Mr. Speaker, I thank can cause serious problems and even Office of the Inspector General at the my colleague for yielding me time on death for these patients. Department of Health and Human this very important issue. Thanks to the IVIG demo, Medicare Services found that at least one-third I also want to thank my colleagues beneficiaries with immunodeficiency of the more than 200 manufacturers of for working with me on this—Mr. MEE- diseases are now able to receive in- part B drugs had not submitted any of HAN, Mr. THOMPSON, and Ms. home IVIG therapy, meaning they can this average sales price data for some DELBENE—for working on a really im- avoid community settings of care, of their products, and an additional 45 portant piece of legislation that is in- which can be very important to people manufacturers had not been required cluded in this package, which will im- with compromised immune systems. to report any data. The Inspector Gen- prove the quality of life for seniors on I am pleased that this provision was eral found that inaccuracies in these Medicare across the country. included in the Medicare Part B Im- average sales price filings may affect As has previously been said, I am a provement Act. I urge support of this taxpayer-financed Medicare payments. nurse. I have worked in the field for important bill. Last month, the nonpartisan Medi- over 45 years, and I am proud to spon- Mr. TIBERI. Mr. Speaker, I reserve care Payment Advisory Commission sor a bill that enhances patient care the balance of my time. came before the House Ways and Means for those patients who are suffering Mr. NEAL. Mr. Speaker, I yield 4 Committee and gave its report on from end-stage renal disease. minutes to the gentleman from Texas Medicare. It noted that this problem on You know, we have made tremendous (Mr. DOGGETT). average sales price data continues, and advances in technology over the last Mr. DOGGETT. Mr. Speaker, as so that it has not been addressed by Con- decade, and now it would be almost often happens here, this bill bears a gress, as the Inspector General had rec- something we couldn’t have thought of somewhat grander title than its con- ommended. 45 years ago. Physicians can remotely tents. Medicare part B certainly does The Republican majority has refused monitor patients in their dialysis need improvement. While I support to do anything about this problem. It treatments through telehealth to re- putting into statute what is already has blocked an amendment that I of- duce the number of medical visits that administrative practice, extending a fered in committee that simply imple- are necessary, to ensure that the treat- demonstration project that appears to mented the recommendation of the In- ment is efficient and effective, and to be working and the other provisions spector General and of MedPAC to get also catch signs of complications early, that my colleagues have worked on in that average sales price data and to en- which would cause not only a decrease this bill, I think much more should sure that all part B manufacturers re- in quality of care for the patient, but have happened. port that data or are penalized at a also a cost. It is especially ironic that, at the reasonable level. It would simply have Telehealth provides patients an im- very moment we are considering this ensured compliance with existing law portant component in the comfort of bill, the United States Senate across to protect program integrity and to their own homes—think about being the hall is proposing to eliminate protect the taxpayer interest. And you sick and having to get in the car to healthcare coverage for millions of can be sure that if the Republicans travel—while physicians now have a Americans. Certainly, this Republican didn’t want to know what the prices new tool to treat their patients’ whole repeal effort does far more harm to far were, they certainly didn’t want to do health. more people than we can collectively anything about the soaring prices and Our seniors deserve access to this in- undo here in the House with this rather the impact on American families. novative care, and it can save money. modest piece of legislation. So I support the bill, but this is a It can help to ensure that Medicare can And there is one glaring omission missed opportunity that we should be there for seniors who most need the from today’s Medicare Improvement have employed to address a critical care. Act, one subject that the Republican problem.

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.038 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6239 Mr. TIBERI. Mr. Speaker, I yield my- tion offered by the gentleman from ownership to another Federal agency, a self as much time as I may consume. Texas (Mr. BRADY) that the House sus- State or local government, a nonprofit orga- As the previous speaker said, he sup- pend the rules and pass the bill, H.R. nization, or a combination thereof for the ports the bill, which I am pleased to 3178, as amended. purpose of education, research, or conserva- tion. hear that, but as the chairman has The question was taken; and (two- (2) With respect to each such alternative said, as the ranking member has said, thirds being in the affirmative) the final disposition, an analysis of— this is just the beginning. This is just rules were suspended and the bill, as (A) the effect such disposition would have the beginning, and we can’t let the per- amended, was passed. on the island’s resources; fect be the enemy of the good in this A motion to reconsider was laid on (B) the remediation responsibilities under piece of legislation because there is the table. such disposition; (C) any future legislation necessary to im- very important bipartisan legislation f that is meaningful to people in a home plement such disposition; b 1415 (D) the possible implications and issues, if today somewhere in Ohio or Massachu- any, of implementing such disposition; setts where home infusion is really im- PLUM ISLAND PRESERVATION ACT (E) the costs of such disposition, including portant or dialysis is really important. Mr. DONOVAN. Mr. Speaker, I move any potential costs related to the transition, I am pleased that the ranking mem- to suspend the rules and pass the bill hazard mitigation, and cleanup of property ber from Massachusetts has been so (H.R. 2182) to require the Comptroller that would be incurred by a recipient of the helpful on this bill, and I reserve the General of the United States to submit property under such disposition; and (F) the potential revenue from such dis- balance of my time. a report to Congress on the alter- Mr. NEAL. Mr. Speaker, I yield my- position. natives for the final disposition of SEC. 4. SUSPENSION OF ACTION. self the balance of my time. Plum Island, including preservation of Mr. Speaker, I want to thank the No action, including any pre-sale mar- the island for conservation, education, keting activity, may be taken to carry out staff for their hard work on this bill, and research, and for other purposes. section 538 of title V of division D of the Con- including Amy Hall, Sarah Levin, The Clerk read the title of the bill. solidated Appropriations Act, 2012 (Public Melanie Egorin from the Democratic The text of the bill is as follows: Law 112–74; 125 Stat. 976) until at least 180 staff; Emily Murry and Nick Uehlecke H.R. 2182 days after the report required by section 3 from the Republican staff; Jessica Sha- has been submitted to Congress. Be it enacted by the Senate and House of Rep- piro from the House Legislative Coun- resentatives of the United States of America in The SPEAKER pro tempore. Pursu- sel’s office; Ira Burney, Jennifer Congress assembled, ant to the rule, the gentleman from Druckman, and Lisa Yen from CMS; SECTION 1. SHORT TITLE. New York (Mr. DONOVAN) and the gen- and the staff of the Congressional This Act may be cited as the ‘‘Plum Island tleman from New Jersey (Mr. PAYNE) Budget Office, Tom Bradley, Rebecca Preservation Act’’. each will control 20 minutes. Yip, and Lara Robillard. I want to SEC. 2. FINDINGS. The Chair recognizes the gentleman thank them all for their very, very Congress finds the following: from New York. hard work. (1) The Federal Government has owned GENERAL LEAVE We have this rare opportunity, this Plum Island, New York, since 1899. Mr. DONOVAN. Mr. Speaker, I ask rare moment where we have broad (2) Since 1954, the Plum Island Animal Dis- unanimous consent that all Members ease Center has conducted unrivaled sci- agreement on this legislation, and I may have 5 legislative days in which to hope all Members of the House can find entific research on a variety of infectious animal-borne diseases, including foot-and- revise and extend their remarks and in- their way to be supportive of this legis- mouth disease, resulting, most recently, in clude any extraneous material on the lation, and I hope the path of biparti- the development of a new cell line that rap- bill under consideration. sanship that we have chosen here can idly and reliably detects this highly debili- The SPEAKER pro tempore. Is there serve as a reminder of what we can get tating disease of livestock. objection to the request of the gen- done. (3) Over 62 years, the Center has had a tleman from New York? Mr. Speaker, I yield back the balance strong, proven record of safety. There was no objection. of my time. (4) $23,200,000 in Federal dollars have been Mr. DONOVAN. Mr. Speaker, I yield Mr. TIBERI. Mr. Speaker, I yield my- spent on upgrades to, and the maintenance myself such time as I may consume. self such time as I may consume. of, the Center since January 2012. (5) In addition to the Center, Plum Island Mr. Speaker, I rise today in support Mr. Speaker, I just say ‘‘ditto’’ to the contains cultural, historical, ecological, and of H.R. 2182, the Plum Island Preserva- gentleman from Massachusetts (Mr. natural resources of regional and national tion Act, sponsored by my colleague NEAL), whom I have a great relation- significance. from New York (Mr. ZELDIN). ship with, for all the words about the (6) Plum Island is situated where the Long This bill requires the Government staff. In particular, I also want to Island Sound and Peconic Bay meet, both of Accountability Office to review the al- thank Abby Finn from my staff, and which are estuaries that are part of the Na- ternatives for the final disposition of Emily Murray and her team; but it has tional Estuary Program and are environ- the Department of Homeland Secu- been a pleasure working with the gen- mentally and economically significant to the rity’s Science and Technology Direc- region. tleman from Massachusetts’ team as (7) The Federal Government has invested torate’s Plum Island Animal Disease well, and Mr. LEVIN, the ranking mem- hundreds of millions of Federal dollars over Center, commonly known as Plum Is- ber of the Health Subcommittee. the last two decades to make long-term im- land. Mr. Speaker, this is a good step in provements with respect to the conservation Since 1954, Plum Island, located in the right direction and the first step in and management needs of Long Island Sound Suffolk County, New York, has served expanding access to high-quality care and Peconic Bay. the Nation in defending against acci- and improving efficiency and delivery (8) In a report submitted to Congress on dental or intentional introduction of of care so seniors can better receive the April 11, 2016, entitled ‘‘National Bio- and foreign animal diseases, including foot- Agro-Defense Facility Construction Plan Up- care they need where they need it, date’’ the Department of Homeland Security and-mouth disease. However, Plum Is- which is so incredibly important. I noted that the new National Bio- and Agro- land’s facilities are aging and nearing really appreciate the comments of the Defense Facility under construction on such the end of their life cycle. ranking member. date in Manhattan, Kansas, is, as of such That is why in 2005, DHS announced And again, I want to remind every- date, fully paid for through a combination of that the work being conducted on body what the chairman said, that this Federal appropriations and funding from the Plum Island would be moved to a new is just the beginning, and hopefully State of Kansas. Federal facility in Kansas. Plum Island this will be a template to much more SEC. 3. REPORT REQUIRED ON FINAL DISPOSI- will continue to operate until the Na- bipartisan support for the remainder of TION OF PLUM ISLAND. tional Bio and Agro-Defense Facility is Not later than one year after the date of this year. the enactment of this Act, the Comptroller fully operational and a complete tran- Mr. Speaker, I yield back the balance General of the United States shall submit to sition has been made in 2022 or 2023. of my time. Congress a report containing the following: This raises the question of what will The SPEAKER pro tempore (Mr. (1) The alternatives for the final disposi- happen to Plum Island once its activi- SIMPSON). The question is on the mo- tion of Plum Island, including the transfer of ties are fully transferred over to the

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.040 H25JYPT1 H6240 CONGRESSIONAL RECORD — HOUSE July 25, 2017 new facility. The Department looked at forgoing a sequential referral of this bill at days after the required reports in the this issue and, in June of 2016, released this time, the Committee on Transportation bill have been submitted to Congress. a report that reviewed several options and Infrastructure does not waive any juris- Mr. Speaker, I reserve the balance of for the final disposition of Plum Island. diction over the subject matter contained in my time. this bill or similar legislation in the future. This bill simply requires GAO to re- Mr. DONOVAN. Mr. Speaker, I yield In addition, should a conference on this bill such time as he may consume to the view and analyze these alternatives to be necessary, I would support your request to ensure all necessary information was have the Committee on Transportation and distinguished gentleman from New taken into account before the Depart- Infrastructure represented on the conference York (Mr. ZELDIN), the sponsor of the ment decides how to move forward committee. bill. with the final disposition of Plum Is- I will insert copies of this exchange in the Mr. ZELDIN. Mr. Speaker, I thank land. Specifically, GAO is to analyze Congressional Record during consideration Mr. DONOVAN for his support. the effects, possible implications and of this bill on the House floor. I thank you I rise today in support of H.R. 2182, to for your cooperation in this matter. issues, and potential costs and revenue prevent the sale of Plum Island by the Sincerely, Federal Government to the highest bid- for each disposition. MICHAEL T. MCCAUL, Finally, H.R. 2182 suspends the sale of der. Chairman, Situated at the gateway of the Long Plum Island until GAO completes this Committee on Homeland Security. Island Sound, I personally had the thorough review and analysis of alter- Mr. PAYNE. Mr. Speaker, I yield my- natives. pleasure of visiting this treasured is- self such time as I may consume. land. My friend, Representative ZELDIN, in- Mr. Speaker, I rise in support of H.R. troduced H.R. 2182 with strong bipar- In addition to being a critical re- 2182, the Plum Island Preservation Act. source for research, approximately 90 tisan support. H.R. 2182 is very similar Mr. Speaker, since 1954, the Plum Is- to a bill that passed the House by voice percent of the land on Plum Island has land Animal Disease Center in New been sheltered from development, of- vote last May. York’s Long Island has served as the In conclusion, this bill ensures that fering Long Island a diverse wildlife Nation’s principal laboratory respon- and ecosystem and critical habitat for there is adequate consideration of all sible for research on foreign animal the options for the disposition of the migratory birds, marine mammals, and diseases of livestock, such as foot-and- rare plants. island. mouth disease and other animal dis- Mr. Speaker, I urge all Members to Plum Island is also an essential cul- eases. tural and historical resource as well, join me in supporting this bill, and I At Plum Island, the Department of reserve the balance of my time. with recorded history dating back to Homeland Security works with the the 1700s. HOUSE OF REPRESENTATIVES, COM- U.S. Department of Agriculture to re- The island held the U.S. military’s MITTEE ON TRANSPORTATION AND search and develop new vaccines and Fort Terry, a coastal defense fortifica- INFRASTRUCTURE, diagnostic tests for animal disease out- Washington, DC, July 25, 2017. tion, which was used through the end breaks and to defend against inter- Hon. MICHAEL MCCAUL, of World War II. Chairman, Committee on Homeland Security, national or accidental introduction of Since then, Plum Island has been uti- Washington, DC. animal diseases into the United States. lized as a research laboratory and has DEAR CHAIRMAN MCCAUL: I write con- On September 11, 2005, the Depart- since grown to become what is known cerning H.R. 2182, the Plum Island Preserva- ment of Homeland Security announced today as the Plum Island Animal Dis- tion Act. This legislation includes matters plans to develop the National Bio and ease Center. that fall within the Rule X jurisdiction of Agro-Defense Facility, or NBAF, as a In 2005, the Department of Homeland the Committee on Transportation and Infra- state-of-the-art biocontainment lab- structure. Security, which currently has jurisdic- In order to expedite floor consideration of oratory for the study of diseases that tion over the island, announced that H.R. 2182, the Committee on Transportation threaten both America’s animal agri- the Animal Disease Center research and Infrastructure will forgo action on this cultural industry and public health. would be moved to a new Federal facil- bill. However, this is conditional on our mu- As envisioned by DHS, the 580,000- ity, the National Bio and Agro-Defense tual understanding that forgoing consider- square-foot facility would replace the Facility, NBAF, in Kansas. ation of the bill would not prejudice the Plum Island laboratory. To offset the cost of this relocation, Committee with respect to the appointment Following an extensive selection a law was enacted that called for the of conferees or to any future jurisdictional process, DHS selected a site in Manhat- claim over the subject matters contained in private sale of Plum Island by the Fed- the bill or similar legislation that fall within tan, Kansas, for the new lab, and the eral Government to the highest bidder. the Committee’s Rule X jurisdiction. I re- site is slated to be fully operational by However, because of the costs associ- quest you urge the Speaker to name mem- December of 2022. ated with the cleanup and closure of bers of the Committee to any conference What H.R. 2182 aims to answer is Plum Island, and because of local zon- committee named to consider such provi- what will happen to Plum Island when ing restrictions, the Federal Govern- sions. DHS vacates the facility. ment would receive little compensa- Please place a copy of this letter and your DHS is currently studying the range tion for the sale of Plum Island. response acknowledging our jurisdictional of options for disposition of the prop- Also, in the 12 years since the move interest in the Congressional Record during House Floor consideration of the bill. I look erty, including transferring it to an- to Kansas was approved, the new facil- forward to working with the Committee on other Federal agency, a State or local ity in Kansas is already fully paid for Homeland Security as the bill moves government, or a nonprofit organiza- by a combination of Federal appropria- through the legislative process. tion for the purposes of education, re- tions and State and private funds. Sincerely, search, or conservation. Allowing for continued research, pub- , In doing so, DHS is expected to assess lic access, and permanent preservation Chairman. the full implications of each option, in- of the island, H.R. 2182 will suspend the cluding cost, cleanup, and hazard miti- laws passed in 2008 and 2011 that man- HOUSE OF REPRESENTATIVES, gation. dated the public sale of Plum Island. COMMITTEE ON HOMELAND SECURITY, Washington, DC, July 25, 2017. H.R. 2182 requires the Government This bill will commission the Gov- Hon. BILL SHUSTER, Accountability Office, or GAO, to as- ernment Accountability Office, in con- Chairman, Committee on Transportation and sess whether the forthcoming study is sultation with the Department of Infrastructure, Washington, DC. satisfactory to support a decision. In Homeland Security, which currently DEAR CHAIRMAN SHUSTER: Thank you for the event that the study is lacking in a owns the island, to formulate a com- your letter regarding H.R. 2182. I appreciate key area, GAO would be required to prehensive plan for the future of the is- your support in bringing this legislation be- conduct its own study. land. fore the House of Representatives, and ac- Importantly, H.R. 2182 ensures that It requires the plan focus on con- cordingly, understand that the Committee on Transportation and Infrastructure will Plum Island cannot be sold by the Fed- servation, education, and research and not seek a sequential referral on the bill. eral Government to the highest bidder. include alternative uses for the island, The Committee on Homeland Security con- Under this bill, the sale of Plum Is- including a transfer of ownership to an- curs with the mutual understanding that by land is prohibited until at least 180 other Federal agency, the State or

VerDate Sep 11 2014 02:31 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.045 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6241 local government, a nonprofit, or a Sound, who have been frustrated by the to two threatened bird species: the pip- combination thereof. fact that, because Congress mandated a ing plovers and the roseate terns. In the 114th Congress, this bill passed sale without any other options, the in- We need to proceed very carefully the House unanimously with bipartisan credible, pristine environmental qual- when considering the future of Plum support as H.R. 1887. ity of this precious piece of property Island. This is a refuge for wildlife and My amendment to the Financial was basically pushed down the food native plants, and once it is developed, Services and General Government Ap- chain in terms of, again, the way the it cannot be restored, which is why the propriations Act of 2017, H.R. 5485, Federal Government was operating. legislation is so important. which would have prohibited any of the Again, I think it is important to rec- By evaluating the alternative uses funding within the appropriations bill ognize—and my colleagues from New for Plum Island fully rather than sell- to market or sell Plum Island, also York, Mr. DONOVAN and Mr. ZELDIN, ing it to the highest bidder, we can en- passed the House as well. understand this—this still is the most sure that this ecological, historical, I would like to thank the other Mem- densely populated area of America. The and cultural treasure can be protected bers of Congress who have cosponsored boat traffic, the maritime traffic that for generations to come. this legislation and lent their support flows through Long Island Sound, I am proud to join with my col- to this cause, especially my colleagues again, is the busiest in the country. leagues, Congressman ZELDIN and Con- from Connecticut, Congressman JOE And to have a piece of property that is gressman COURTNEY, on a bipartisan COURTNEY and Congresswoman ROSA this precious and this pure—which Mr. basis to ensure that the environment is DELAURO. ZELDIN visited, and I think he can at- respected in our region and across the I would also like to thank House Ma- test to that personally, and I have country. jority Leader KEVIN MCCARTHY for sailed past it—is really an opportunity Mr. Speaker, I urge my colleagues to bringing this bill to the floor, House that really we just cannot possibly support this bill, and I thank the gen- Homeland Security Chairman MICHAEL allow to go to a developer that would tleman from New Jersey (Mr. PAYNE) MCCAUL, and all of the local elected of- make that quality forever lost. for yielding me the time. ficials, groups, and concerned residents So this legislation, which stops the Mr. PAYNE. Mr. Speaker, H.R. 2182 on Long Island who have taken an 2009 process in its tracks, has GAO step has broad support on both sides of the issue on this important issue. in and do a full complete analysis aisle, as we can see. Plum Island has a This bill is endorsed by the Preserve across the board in evaluating all op- history dating back to the 1700s and Plum Island Coalition, an alliance of tions. In particular, the options of pre- has been owned by the Federal Govern- over 65 community and environmental serving this unique environmental ment since 1899. This bill takes steps to groups in New York and Connecticut, asset is the right move for our country, ensure that this culturally and histori- focused on the conservation of this is- and, again, it will be to the benefit of cally important site is not sold until land. generations to come. all relevant questions are answered re- I am proud to work alongside all of Again, I want to congratulate Mr. garding the final disposition of Plum these great individuals and groups as ZELDIN for his persistence. Again, we Island and that a satisfactory com- we strive to save Plum Island. did get it through the last Congress, prehensive plan has been developed. Since taking office in 2015, one of my the 114th. I urge my colleagues to support this highest local priorities has been to pro- The SPEAKER pro tempore. The important piece of legislation. tect Plum Island. Preserving this is- time of the gentleman has expired. Mr. Speaker, I yield back the balance land’s natural beauty, while maintain- Mr. PAYNE. I yield an additional 30 of my time. ing a research mission, will continue to seconds to the gentleman. Mr. DONOVAN. Mr. Speaker, I, once provide important economic and envi- Mr. COURTNEY. I think getting this again, urge my colleagues to support ronmental benefits for Long Island. done early in the 115th Congress will H.R. 2182. Mr. Speaker, I encourage all of my hopefully allow us the opportunity to Mr. Speaker, I yield back the balance colleagues to vote in support of this get some bandwidth in the Senate’s of my time. critical bill, as well as for the Senate floor schedule to finally get this to the The SPEAKER pro tempore. The to pass this legislation, so it may be President’s desk, and, again, forever question is on the motion offered by signed into law this year. protect an asset for generations to the gentleman from New York (Mr. Mr. PAYNE. Mr. Speaker, I yield 2 come. DONOVAN) that the House suspend the minutes to the gentleman from Con- Mr. Speaker, again, I urge strong rules and pass the bill, H.R. 2182. necticut (Mr. COURTNEY). support for this measure. The question was taken; and (two- Mr. COURTNEY. Mr. Speaker, I Mr. DONOVAN. Mr. Speaker, I re- thirds being in the affirmative) the thank Mr. PAYNE for his leadership on serve the balance of my time. rules were suspended and the bill was the Homeland Security Committee and Mr. PAYNE. Mr. Speaker, I yield 2 passed. also for his hard work on this legisla- minutes to the gentlewoman from Con- A motion to reconsider was laid on tion, which, again, has been closely necticut (Ms. DELAURO). the table. watched back home in Connecticut and Ms. DELAURO. Mr. Speaker, I rise in f on the other side of Long Island Sound, strong support of this legislation. as Mr. ZELDIN indicated as well, in the It is very simple. It directs the Comp- COUNTERING AMERICA’S ADVER- State of New York. troller General of the United States to SARIES THROUGH SANCTIONS Again, I rise in strong support, with submit a report to the Congress on al- ACT my colleague, for passage of H.R. 2182, ternative uses for Plum Island. Mr. ROYCE of California. Mr. Speak- the Plum Island Preservation Act. This er, I move to suspend the rules and b 1430 has been an effort that has been ongo- pass the bill (H.R. 3364) to provide con- ing since Congress, unfortunately, The report underscores its ecological gressional review and to counter ag- took, I think, a wrong turn when they significance, that is what it would do; gression by the Governments of , enacted legislation in 2009, with the the need to be protected; and it would the Russian Federation, and North goal of trying to create funding for the be an important step toward identi- Korea, and for other purposes. National Bio and Agro-Defense Facility fying conservation alternatives to sell- The Clerk read the title of the bill. in Kansas; but in the process of doing ing Plum Island. The text of the bill is as follows: that, it set up a truncated sale of this I believe that Plum Island should be H.R. 3364 property, which really deviated from a unit of the National Wildlife Refuge Be it enacted by the Senate and House of Rep- the normal GSA process of trying to System, ensuring that we would safe- resentatives of the United States of America in exhaust other beneficial uses before guard the island’s sensitive wildlife and Congress assembled, putting it up for sale to the highest ecological value. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. bidder. Plum Island is the largest area in (a) SHORT TITLE.—This Act may be cited as Again, that has been the struggle for southern New England, where seals can the ‘‘Countering America’s Adversaries people on both sides of the Long Island rest on dry land. Its 843 acres are home Through Sanctions Act’’.

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(b) TABLE OF CONTENTS.—The table of con- Sec. 231. Imposition of sanctions with re- Sec. 312. Prohibition on indirect cor- tents for this Act is as follows: spect to persons engaging in respondent accounts. Sec. 1. Short title; table of contents. transactions with the intel- Sec. 313. Limitations on foreign assistance ligence or defense sectors of the to noncompliant governments. TITLE I—SANCTIONS WITH RESPECT TO Government of the Russian Sec. 314. Amendments to enhance inspection IRAN Federation. authorities. Sec. 101. Short title. Sec. 232. Sanctions with respect to the de- Sec. 315. Enforcing compliance with United Sec. 102. Definitions. velopment of pipelines in the Nations shipping sanctions Sec. 103. Regional strategy for countering Russian Federation. against North Korea. conventional and asymmetric Sec. 233. Sanctions with respect to invest- Sec. 316. Report on cooperation between Iranian threats in the Middle ment in or facilitation of pri- North Korea and Iran. East and North Africa. vatization of state-owned assets Sec. 317. Report on implementation of Sec. 104. Imposition of additional sanctions by the Russian Federation. United Nations Security Coun- in response to Iran’s ballistic Sec. 234. Sanctions with respect to the cil resolutions by other govern- missile program. transfer of arms and related ments. Sec. 105. Imposition of terrorism-related materiel to Syria. Sec. 318. Briefing on measures to deny spe- sanctions with respect to the Sec. 235. Sanctions described. cialized financial messaging IRGC. Sec. 236. Exceptions, waiver, and termi- services to designated North Sec. 106. Imposition of additional sanctions nation. Korean financial institutions. Sec. 237. Exception relating to activities of with respect to persons respon- Subtitle B—Sanctions With Respect to the National Aeronautics and sible for human rights abuses. Human Rights Abuses by the Government Space Administration. of North Korea Sec. 107. Enforcement of arms embargos. Sec. 238. Rule of construction. Sec. 108. Review of applicability of sanctions Sec. 321. Sanctions for forced labor and slav- PART 3—REPORTS relating to Iran’s support for ery overseas of North Koreans. terrorism and its ballistic mis- Sec. 241. Report on oligarchs and parastatal Sec. 322. Modifications to sanctions suspen- sile program. entities of the Russian Federa- sion and waiver authorities. Sec. 109. Report on coordination of sanc- tion. Sec. 323. Reward for informants. Sec. 242. Report on effects of expanding tions between the United States Sec. 324. Determination on designation of sanctions to include sovereign and the European Union. North Korea as a state sponsor debt and derivative products. of terrorism. Sec. 110. Report on United States citizens Sec. 243. Report on illicit finance relating to Subtitle C—General Authorities detained by Iran. the Russian Federation. Sec. 111. Exceptions for national security Subtitle B—Countering Russian Influence in Sec. 331. Authority to consolidate reports. and humanitarian assistance; Sec. 332. Rule of construction. Europe and Eurasia rule of construction. Sec. 333. Regulatory authority. Sec. 112. Presidential waiver authority. Sec. 251. Findings. Sec. 334. Limitation on funds. Sec. 252. Sense of Congress. TITLE II—SANCTIONS WITH RESPECT TO Sec. 253. Statement of policy. TITLE I—SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION AND COM- Sec. 254. Coordinating aid and assistance IRAN BATING TERRORISM AND ILLICIT FI- across Europe and Eurasia. SEC. 101. SHORT TITLE. NANCING Sec. 255. Report on media organizations con- This title may be cited as the ‘‘Countering Sec. 201. Short title. trolled and funded by the Gov- Iran’s Destabilizing Activities Act of 2017’’. ernment of the Russian Federa- Subtitle A—Sanctions and Other Measures SEC. 102. DEFINITIONS. tion. With Respect to the Russian Federation In this title: Sec. 256. Report on Russian Federation in- (1) ACT OF INTERNATIONAL TERRORISM.—The Sec. 211. Findings. fluence on elections in Europe term ‘‘act of international terrorism’’ has Sec. 212. Sense of Congress. and Eurasia. the meaning given that term in section 14 of PART 1—CONGRESSIONAL REVIEW OF SANC- Sec. 257. Ukranian energy security. the Iran Sanctions Act of 1996 (Public Law TIONS IMPOSED WITH RESPECT TO THE RUS- Sec. 258. Termination. Sec. 259. Appropriate congressional commit- 104–172; 50 U.S.C. 1701 note). SIAN FEDERATION tees defined. (2) APPROPRIATE CONGRESSIONAL COMMIT- Sec. 215. Short title. TEES.—The term ‘‘appropriate congressional Subtitle C—Combating Terrorism and Illicit Sec. 216. Congressional review of certain ac- committees’’ has the meaning given that Financing tions relating to sanctions im- term in section 14 of the Iran Sanctions Act posed with respect to the Rus- PART 1—NATIONAL STRATEGY FOR COMBATING of 1996 (Public Law 104–172; 50 U.S.C. 1701 sian Federation. TERRORIST AND OTHER ILLICIT FINANCING note). Sec. 261. Development of national strategy. (3) FOREIGN PERSON.—The term ‘‘foreign PART 2—SANCTIONS WITH RESPECT TO THE Sec. 262. Contents of national strategy. person’’ means a person that is not a United RUSSIAN FEDERATION PART 2—ENHANCING ANTITERRORISM TOOLS OF States person. Sec. 221. Definitions. THE DEPARTMENT OF THE TREASURY (4) IRANIAN PERSON.—The term ‘‘Iranian Sec. 222. Codification of sanctions relating Sec. 271. Improving antiterror finance moni- person’’ means— to the Russian Federation. toring of funds transfers. (A) an individual who is a citizen or na- Sec. 223. Modification of implementation of Sec. 272. Sense of Congress on international tional of Iran; or Executive Order 13662. cooperation regarding terrorist (B) an entity organized under the laws of Sec. 224. Imposition of sanctions with re- financing intelligence. Iran or otherwise subject to the jurisdiction spect to activities of the Rus- Sec. 273. Examining the counter-terror fi- of the Government of Iran. sian Federation undermining nancing role of the Department (5) IRGC.—The term ‘‘IRGC’’ means Iran’s cybersecurity. of the Treasury in embassies. Islamic Revolutionary Guard Corps. Sec. 225. Imposition of sanctions relating to Sec. 274. Inclusion of Secretary of the Treas- (6) KNOWINGLY.—The term ‘‘knowingly’’ special Russian crude oil ury on the National Security has the meaning given that term in section projects. Council. 14 of the Iran Sanctions Act of 1996 (Public Sec. 226. Imposition of sanctions with re- Sec. 275. Inclusion of all funds. Law 104–172; 50 U.S.C. 1701 note). spect to Russian and other for- PART 3—DEFINITIONS (7) UNITED STATES PERSON.—The term eign financial institutions. Sec. 281. Definitions. ‘‘United States person’’ means— Sec. 227. Mandatory imposition of sanctions Subtitle D—Rule of Construction (A) a United States citizen or an alien law- with respect to significant cor- Sec. 291. Rule of construction. fully admitted for permanent residence to ruption in the Russian Federa- Sec. 292. Sense of Congress on the strategic the United States; or tion. importance of Article 5 of the (B) an entity organized under the laws of Sec. 228. Mandatory imposition of sanctions North Atlantic Treaty. the United States or of any jurisdiction with respect to certain trans- within the United States, including a foreign actions with foreign sanctions TITLE III—SANCTIONS WITH RESPECT TO NORTH KOREA branch of such an entity. evaders and serious human SEC. 103. REGIONAL STRATEGY FOR COUN- rights abusers in the Russian Sec. 301. Short title. Sec. 302. Definitions. TERING CONVENTIONAL AND ASYM- Federation. METRIC IRANIAN THREATS IN THE Sec. 229. Notifications to Congress under Subtitle A—Sanctions to Enforce and Imple- MIDDLE EAST AND NORTH AFRICA. Ukraine Freedom Support Act ment United Nations Security Council (a) IN GENERAL.—Not later than 180 days of 2014. Sanctions Against North Korea after the date of the enactment of this Act, Sec. 230. Standards for termination of cer- Sec. 311. Modification and expansion of re- and every 2 years thereafter, the Secretary tain sanctions with respect to quirements for the designation of State, the Secretary of Defense, the Sec- the Russian Federation. of persons. retary of the Treasury, and the Director of

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.013 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6243 National Intelligence shall jointly develop the majority leader, and the minority leader velop, transport, transfer, or use such capa- and submit to the appropriate congressional of the House of Representatives. bilities; committees and leadership a strategy for de- SEC. 104. IMPOSITION OF ADDITIONAL SANC- (B) is a successor entity to a person re- terring conventional and asymmetric Ira- TIONS IN RESPONSE TO IRAN’S BAL- ferred to in subparagraph (A); nian activities and threats that directly LISTIC MISSILE PROGRAM. (C) owns or controls or is owned or con- threaten the United States and key allies in (a) SENSE OF CONGRESS.—It is the sense of trolled by a person referred to in subpara- the Middle East, North Africa, and beyond. Congress that the Secretary of the Treasury graph (A); (b) ELEMENTS.—The strategy required by and the Secretary of State should continue (D) forms an entity with the purpose of subsection (a) shall include at a minimum to implement Executive Order 13382 (50 evading sanctions that could be imposed as a the following: U.S.C. 1701 note; relating to blocking prop- result of a relationship described in subpara- (1) A summary of the near- and long-term erty of weapons of mass destruction delivery graph (C); United States objectives, plans, and means system proliferators and their supporters). (E) is acting for or on behalf of a person re- (b) IMPOSITION OF SANCTIONS.—The Presi- for countering Iran’s destabilizing activities, ferred to in subparagraph (A), (B), (C), or (D); dent shall impose the sanctions described in including identification of countries that or subsection (c) with respect to any person share the objective of countering Iran’s de- (F) is known or believed to have provided, that the President determines, on or after stabilizing activities. or attempted to provide, during the period the date of the enactment of this Act— (2) A summary of the capabilities and con- specified in paragraph (2), financial, mate- (1) knowingly engages in any activity that tributions of individual countries to shared rial, technological, or other support for, or materially contributes to the activities of efforts to counter Iran’s destabilizing activi- goods or services in support of, any material the Government of Iran with respect to its ties, and a summary of additional actions or contribution to a program described in sub- ballistic missile program, or any other pro- contributions that each country could take paragraph (A) carried out by a person de- gram in Iran for developing, deploying, or to further contribute. scribed in subparagraph (A), (B), (C), (D), or maintaining systems capable of delivering (3) An assessment of Iran’s conventional (E). weapons of mass destruction, including any force capabilities and an assessment of Iran’s (2) PERIOD SPECIFIED.—The period specified efforts to manufacture, acquire, possess, de- plans to upgrade its conventional force capa- in this paragraph is— velop, transport, transfer, or use such capa- bilities, including its acquisition, develop- (A) in the case of the first report submitted bilities; ment, and deployment of ballistic and cruise under paragraph (1), the period beginning (2) is a successor entity to a person re- missile capabilities, unmanned aerial vehi- January 1, 2016, and ending on the date the ferred to in paragraph (1); cles, and maritime offensive and anti-access report is submitted; and (3) owns or controls or is owned or con- or area denial capabilities. (B) in the case of a subsequent such report, trolled by a person referred to in paragraph (4) An assessment of Iran’s chemical and the 180-day period preceding the submission (1); biological weapons capabilities and an as- of the report. (4) forms an entity with the purpose of sessment of Iranian plans to upgrade its (3) FORM OF REPORT.—Each report required evading sanctions that would otherwise be chemical or biological weapons capabilities. by paragraph (1) shall be submitted in un- imposed pursuant to paragraph (3); (5) An assessment of Iran’s asymmetric ac- classified form but may include a classified (5) is acting for or on behalf of a person re- tivities in the region, including— annex. ferred to in paragraph (1), (2), (3), or (4); or (A) the size, capabilities, and activities of (6) knowingly provides or attempts to pro- SEC. 105. IMPOSITION OF TERRORISM-RELATED the IRGC, including the Quds Force; vide financial, material, technological, or SANCTIONS WITH RESPECT TO THE (B) the size, capabilities, and activities of other support for, or goods or services in sup- IRGC. Iran’s cyber operations; port of, a person referred to in paragraph (1), (C) the types and amount of support, in- (a) FINDINGS.—Congress makes the fol- (2), (3), (4) or (5). cluding funding, lethal and nonlethal con- lowing findings: (c) SANCTIONS DESCRIBED.—The sanctions tributions, and training, provided to (1) The IRGC is subject to sanctions pursu- described in this subsection are the fol- ant to Executive Order 13382 (50 U.S.C. 1701 Hezbollah, Hamas, special groups in Iraq, the lowing: regime of Bashar al-Assad in Syria, Houthi note; relating to blocking property of weap- (1) BLOCKING OF PROPERTY.—The President ons of mass destruction delivery system fighters in Yemen, and other violent groups shall block, in accordance with the Inter- across the Middle East; and proliferators and their supporters), the Com- national Emergency Economic Powers Act prehensive Iran Sanctions, Accountability, (D) the scope and objectives of Iran’s infor- (50 U.S.C. 1701 et seq.), all transactions in all mation operations and use of propaganda. and Divestment Act of 2010 (22 U.S.C. 8501 et property and interests in property of any seq.), Executive Order 13553 (50 U.S.C. 1701 (6) A summary of United States actions, person subject to subsection (b) if such prop- unilaterally and in cooperation with foreign note; relating to blocking property of certain erty and interests in property are in the persons with respect to serious human rights governments, to counter destabilizing Ira- United States, come within the United nian activities, including— abuses by the Government of Iran), and Ex- States, or are or come within the possession ecutive Order 13606 (50 U.S.C. 1701 note; relat- (A) interdiction of Iranian lethal arms or control of a United States person. bound for groups designated as foreign ter- ing to blocking the property and suspending (2) EXCLUSION FROM UNITED STATES.—The entry into the United States of certain per- rorist organizations under section 219 of the Secretary of State shall deny a visa to, and Immigration and Nationality Act (8 U.S.C. sons with respect to grave human rights the Secretary of Homeland Security shall ex- abuses by the Governments of Iran and Syria 1189); clude from the United States, any person (B) Iran’s interference in international via information technology). subject to subsection (b) that is an alien. (2) The Iranian Revolutionary Guard commercial shipping lanes; (d) PENALTIES.—A person that violates, at- Corps–Quds Force (in this section referred to (C) attempts by Iran to undermine or sub- tempts to violate, conspires to violate, or as the ‘‘IRGC–QF’’) is the primary arm of the vert internationally recognized governments causes a violation of subsection (c)(1) or any Government of Iran for executing its policy in the Middle East region; and regulation, license, or order issued to carry of supporting terrorist and insurgent groups. (D) Iran’s support for the regime of Bashar out that subsection shall be subject to the The IRGC–QF provides material, logistical al-Assad in Syria, including— penalties set forth in subsections (b) and (c) assistance, training, and financial support to (i) financial assistance, military equip- of section 206 of the International Emer- militants and terrorist operatives through- ment and personnel, and other support pro- gency Economic Powers Act (50 U.S.C. 1705) out the Middle East and South Asia and was vided to that regime; and to the same extent as a person that commits designated for the imposition of sanctions by (ii) support and direction to other armed an unlawful act described in subsection (a) of the Secretary of the Treasury pursuant to actors that are not Syrian or Iranian and are that section. Executive Order 13224 (50 U.S.C. 1701 note; re- acting on behalf of that regime. (e) REPORT ON CONTRIBUTIONS TO IRAN’S lating to blocking property and prohibiting (c) FORM OF STRATEGY.—The strategy re- BALLISTIC MISSILE PROGRAM.— transactions with persons who commit, quired by subsection (a) shall be submitted (1) IN GENERAL.—Not later than 180 days in unclassified form, but may include a clas- after the date of the enactment of this Act, threaten to commit, or support terrorism) in sified annex. and every 180 days thereafter, the President October 2007 for its support of terrorism. (3) The IRGC, not just the IRGC–QF, is re- (d) APPROPRIATE CONGRESSIONAL COMMIT- shall submit to the appropriate congres- sponsible for implementing Iran’s inter- TEES AND LEADERSHIP DEFINED.—In this sec- sional committees a report describing each tion, the term ‘‘appropriate congressional person that— national program of destabilizing activities, committees and leadership’’ means— (A) has, during the period specified in para- support for acts of international terrorism, (1) the Committee on Finance, the Com- graph (2), conducted any activity that has and ballistic missile program. mittee on Banking, Housing, and Urban Af- materially contributed to the activities of (b) IN GENERAL.—Beginning on the date fairs, the Committee on Foreign Relations, the Government of Iran with respect to its that is 90 days after the date of the enact- and the majority and minority leaders of the ballistic missile program, or any other pro- ment of this Act, the President shall impose Senate; and gram in Iran for developing, deploying, or the sanctions described in subsection (c) (2) the Committee on Ways and Means, the maintaining systems capable of delivering with respect to the IRGC and foreign persons Committee on Financial Services, the Com- weapons of mass destruction, including any that are officials, agents, or affiliates of the mittee on Foreign Affairs, and the Speaker, efforts to manufacture, acquire, possess, de- IRGC.

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(c) SANCTIONS DESCRIBED.—The sanctions erty and interests in property are in the specified in paragraph (2) of that subsection described in this subsection are sanctions ap- United States, come within the United are applicable with respect to a person, the plicable with respect to a foreign person pur- States, or are or come within the possession President shall— suant to Executive Order 13224 (50 U.S.C. 1701 or control of a United States person. (1) impose sanctions with respect to that note; relating to blocking property and pro- (2) EXCLUSION FROM UNITED STATES.—The person pursuant to that Executive order; or hibiting transactions with persons who com- Secretary of State shall deny a visa to, and (2) exercise the waiver authority provided mit, threaten to commit, or support ter- the Secretary of Homeland Security shall ex- under section 112. rorism). clude from the United States, any person SEC. 109. REPORT ON COORDINATION OF SANC- SEC. 106. IMPOSITION OF ADDITIONAL SANC- subject to subsection (a) that is an alien. TIONS BETWEEN THE UNITED TIONS WITH RESPECT TO PERSONS (c) PENALTIES.—A person that violates, at- STATES AND THE EUROPEAN UNION. RESPONSIBLE FOR HUMAN RIGHTS tempts to violate, conspires to violate, or (a) IN GENERAL.—Not later than 180 days ABUSES. causes a violation of subsection (b)(1) or any after the date of the enactment of this Act, (a) IN GENERAL.—Not later than 90 days regulation, license, or order issued to carry and every 180 days thereafter, the President after the date of the enactment of this Act, out that subsection shall be subject to the shall submit to the appropriate congres- and annually thereafter, the Secretary of penalties set forth in subsections (b) and (c) sional committees a report that includes the State shall submit to the appropriate con- of section 206 of the International Emer- following: gressional committees a list of each person gency Economic Powers Act (50 U.S.C. 1705) (1) A description of each instance, during the Secretary determines, based on credible to the same extent as a person that commits the period specified in subsection (b)— evidence, on or after the date of the enact- an unlawful act described in subsection (a) of (A) in which the United States has imposed ment of this Act— that section. sanctions with respect to a person for activ- (1) is responsible for extrajudicial killings, (d) EXCEPTION.—The President is not re- ity related to the proliferation of weapons of torture, or other gross violations of inter- quired to impose sanctions under subsection mass destruction or delivery systems for nationally recognized human rights com- (a) with respect to a person for engaging in such weapons to or by Iran, support for acts mitted against individuals in Iran who an activity described in that subsection if of international terrorism by Iran, or human seek— the President certifies to the appropriate rights abuses in Iran, but in which the Euro- (A) to expose illegal activity carried out by congressional committees that— pean Union has not imposed corresponding officials of the Government of Iran; or (1) permitting the activity is in the na- sanctions; and (B) to obtain, exercise, defend, or promote tional security interest of the United States; (B) in which the European Union has im- internationally recognized human rights and (2) Iran no longer presents a significant posed sanctions with respect to a person for freedoms, such as the freedoms of religion, threat to the national security of the United activity related to the proliferation of weap- expression, association, and assembly, and States and to the allies of the United States; ons of mass destruction or delivery systems the rights to a fair trial and democratic elec- and for such weapons to or by Iran, support for tions; or (3) the Government of Iran has ceased pro- acts of international terrorism by Iran, or (2) acts as an agent of or on behalf of a for- viding operational or financial support for human rights abuses in Iran, but in which eign person in a matter relating to an activ- acts of international terrorism and no longer the United States has not imposed cor- ity described in paragraph (1). satisfies the requirements for designation as responding sanctions. (b) SANCTIONS DESCRIBED.— a state sponsor of terrorism. (2) An explanation for the reason for each (1) IN GENERAL.—The President may, in ac- (e) STATE SPONSOR OF TERRORISM DE- discrepancy between sanctions imposed by cordance with the International Emergency FINED.—In this section, the term ‘‘state spon- the European Union and sanctions imposed Economic Powers Act (50 U.S.C. 1701 et seq.), sor of terrorism’’ means a country the gov- by the United States described in subpara- block all transactions in all property and in- ernment of which the Secretary of State has graphs (A) and (B) of paragraph (1). terests in property of a person on the list re- determined to be a government that has re- (b) PERIOD SPECIFIED.—The period specified quired by subsection (a) if such property and peatedly provided support for acts of inter- in this subsection is— interests in property are in the United national terrorism for purposes of— (1) in the case of the first report submitted States, come within the United States, or (1) section 6(j)(1)(A) of the Export Adminis- under subsection (a), the period beginning on are or come within the possession or control tration Act of 1979 (50 U.S.C. 4605(j)(1)(A)) (as the date of the enactment of this Act and of a United States person. continued in effect pursuant to the Inter- ending on the date the report is submitted; (2) PENALTIES.—A person that violates, at- national Emergency Economic Powers Act and tempts to violate, conspires to violate, or (50 U.S.C. 1701 et seq.)); (2) in the case of a subsequent such report, causes a violation of paragraph (1) or any (2) section 620A(a) of the Foreign Assist- the 180-day period preceding the submission regulation, license, or order issued to carry ance Act of 1961 (22 U.S.C. 2371(a)); of the report. out paragraph (1) shall be subject to the pen- (3) section 40(d) of the Arms Export Con- (c) FORM OF REPORT.—The report required alties set forth in subsections (b) and (c) of trol Act (22 U.S.C. 2780(d)); or by subsection (a) shall be submitted in un- section 206 of the International Emergency (4) any other provision of law. classified form but may include a classified Economic Powers Act (50 U.S.C. 1705) to the SEC. 108. REVIEW OF APPLICABILITY OF SANC- annex. same extent as a person that commits an un- TIONS RELATING TO IRAN’S SUP- SEC. 110. REPORT ON UNITED STATES CITIZENS lawful act described in subsection (a) of that PORT FOR TERRORISM AND ITS BAL- DETAINED BY IRAN. section. LISTIC MISSILE PROGRAM. (a) IN GENERAL.—Not later than 90 days SEC. 107. ENFORCEMENT OF ARMS EMBARGOS. (a) IN GENERAL.—Not later than 5 years after the date of the enactment of this Act, (a) IN GENERAL.—Except as provided in after the date of the enactment of this Act, and every 180 days thereafter, the President subsection (d), the President shall impose the President shall conduct a review of all shall submit to the appropriate congres- the sanctions described in subsection (b) persons on the list of specially designated sional committees and leadership a report on with respect to any person that the Presi- nationals and blocked persons maintained by United States citizens, including United dent determines— the Office of Foreign Assets Control of the States citizens who are also citizens of other (1) knowingly engages in any activity that Department of the Treasury for activities re- countries, detained by Iran or groups sup- materially contributes to the supply, sale, or lating to Iran— ported by Iran that includes— transfer directly or indirectly to or from (1) to assess the conduct of such persons as (1) information regarding any officials of Iran, or for the use in or benefit of Iran, of that conduct relates to— the Government of Iran involved in any way any battle tanks, armored combat vehicles, (A) any activity that materially contrib- in the detentions; and large caliber artillery systems, combat air- utes to the activities of the Government of (2) a summary of efforts the United States craft, attack helicopters, warships, missiles Iran with respect to its ballistic missile pro- Government has taken to secure the swift re- or missile systems, as defined for the purpose gram; or lease of those United States citizens. of the United Nations Register of Conven- (B) support by the Government of Iran for (b) FORM OF REPORT.—The report required tional Arms, or related materiel, including acts of international terrorism; and by subsection (a) shall be submitted in un- spare parts; or (2) to determine the applicability of sanc- classified form, but may include a classified (2) knowingly provides to Iran any tech- tions with respect to such persons under— annex. nical training, financial resources or serv- (A) Executive Order 13382 (50 U.S.C. 1701 (c) APPROPRIATE CONGRESSIONAL COMMIT- ices, advice, other services or assistance re- note; relating to blocking property of weap- TEES AND LEADERSHIP DEFINED.—In this sec- lated to the supply, sale, transfer, manufac- ons of mass destruction delivery system tion, the term ‘‘appropriate congressional ture, maintenance, or use of arms and re- proliferators and their supporters); or committees and leadership’’ means— lated materiel described in paragraph (1). (B) Executive Order 13224 (50 U.S.C. 1701 (1) the Committee on Finance, the Com- (b) SANCTIONS DESCRIBED.— note; relating to blocking property and pro- mittee on Banking, Housing, and Urban Af- (1) BLOCKING OF PROPERTY.—The President hibiting transactions with persons who com- fairs, the Committee on Foreign Relations, shall block, in accordance with the Inter- mit, threaten to commit, or support ter- and the majority and minority leaders of the national Emergency Economic Powers Act rorism). Senate; and (50 U.S.C. 1701 et seq.), all transactions in all (b) IMPLEMENTATION OF SANCTIONS.—If the (2) the Committee on Ways and Means, the property and interests in property of any President determines under subsection (a) Committee on Financial Services, the Com- person subject to subsection (a) if such prop- that sanctions under an Executive order mittee on Foreign Affairs, and the Speaker,

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.013 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6245 the majority leader, and the minority leader exercised for additional successive periods of eration that manufacture, sell, transfer, or of the House of Representatives. not more than 180 days if the President fol- otherwise provide certain defense articles SEC. 111. EXCEPTIONS FOR NATIONAL SECURITY lows the procedures set forth in paragraph into Syria. AND HUMANITARIAN ASSISTANCE; (2), and submits the report described in para- (3) On April 1, 2015, President Obama issued RULE OF CONSTRUCTION. graph (1), for each such renewal. Executive Order 13694 (80 Fed. Reg. 18077; re- (a) IN GENERAL.—The following activities (b) CONTENTS OF WAIVER REPORTS.—Each lating to blocking the property of certain shall be exempt from sanctions under sec- report submitted under subsection (a) in con- persons engaging in significant malicious tions 104, 105, 106, and 107: nection with a waiver of sanctions under sec- cyber-enabled activities), which authorizes (1) Any activity subject to the reporting tion 104, 105, 106, 107, or 108 with respect to a the Secretary of the Treasury, in consulta- requirements under title V of the National person, or the renewal of such a waiver, shall tion with the Attorney General and the Sec- Security Act of 1947 (50 U.S.C. 3091 et seq.), include— retary of State, to impose sanctions on per- or to any authorized intelligence activities (1) a specific and detailed rationale for the sons determined to be engaged in malicious of the United States. determination that the waiver is vital to the cyber-hacking. (2) The admission of an alien to the United national security interests of the United (4) On July 26, 2016, President Obama ap- States if such admission is necessary to com- States; ply with United States obligations under the proved a Presidential Policy Directive on (2) a description of the activity that re- United States Cyber Incident Coordination, Agreement between the United Nations and sulted in the person being subject to sanc- the United States of America regarding the which states, ‘‘certain cyber incidents that tions; have significant impacts on an entity, our Headquarters of the United Nations, signed (3) an explanation of any efforts made by at Lake Success June 26, 1947, and entered national security, or the broader economy the United States, as applicable, to secure require a unique approach to response ef- into force November 21, 1947, or under the the cooperation of the government with pri- Convention on Consular Relations, done at forts’’. mary jurisdiction over the person or the lo- (5) On December 29, 2016, President Obama Vienna April 24, 1963, and entered into force cation where the activity described in para- March 19, 1967, or other applicable inter- issued an annex to Executive Order 13694, graph (2) occurred in terminating or, as ap- which authorized sanctions on the following national obligations of the United States. propriate, penalizing the activity; and (3) The conduct or facilitation of a trans- entities and individuals: (4) an assessment of the significance of the (A) The Main Intelligence Directorate (also action for the sale of agricultural commod- activity described in paragraph (2) in con- ities, food, medicine, or medical devices to known as Glavnoe Razvedyvatel’noe tributing to the ability of Iran to threaten Upravlenie or the GRU) in Moscow, Russian Iran or for the provision of humanitarian as- the interests of the United States or allies of Federation. sistance to the people of Iran, including en- the United States, develop systems capable (B) The Federal Security Service (also gaging in a financial transaction relating to of delivering weapons of mass destruction, known as Federalnaya Sluzhba Bezopasnosti humanitarian assistance or for humanitarian support acts of international terrorism, or or the FSB) in Moscow, Russian Federation. purposes or transporting goods or services violate the human rights of any person in (C) The Special Technology Center (also that are necessary to carry out operations Iran. known as STLC, Ltd. Special Technology relating to humanitarian assistance or hu- (c) EFFECT OF REPORT ON WAIVER.—If the Center St. Petersburg) in St. Petersburg, manitarian purposes. President submits a report under subsection Russian Federation. (b) IMPLEMENTATION.—The President may (a) in connection with a waiver of sanctions (D) Zorsecurity (also known as Esage Lab) exercise all authorities provided under sec- under section 104, 105, 106, 107, or 108 with re- tions 203 and 205 of the International Emer- in Moscow, Russian Federation. spect to a person, or the renewal of such a gency Economic Powers Act (50 U.S.C. 1702 waiver, the President shall not be required (E) The autonomous noncommercial orga- and 1704) to carry out this Act. to impose or maintain sanctions under sec- nization known as the Professional Associa- (c) RULE OF CONSTRUCTION.—Nothing in tion of Designers of Data Processing Sys- this Act shall be construed to limit the au- tion 104, 105, 106, 107, or 108, as applicable, with respect to the person described in the tems (also known as ANO PO KSI) in Mos- thority of the President under the Inter- cow, Russian Federation. national Emergency Economic Powers Act report during the 30-day period referred to in subsection (a). (F) Igor Valentinovich Korobov. (50 U.S.C. 1701 et seq.). (G) Sergey Aleksandrovich Gizunov. (d) DEFINITIONS.—In this section: TITLE II—SANCTIONS WITH RESPECT TO (H) Igor Olegovich Kostyukov. (1) AGRICULTURAL COMMODITY.—The term THE RUSSIAN FEDERATION AND COM- (I) Vladimir Stepanovich Alexseyev. ‘‘agricultural commodity’’ has the meaning BATING TERRORISM AND ILLICIT FI- (6) On January 6, 2017, an assessment of the given that term in section 102 of the Agricul- NANCING United States intelligence community enti- tural Trade Act of 1978 (7 U.S.C. 5602). SEC. 201. SHORT TITLE. tled, ‘‘Assessing Russian Activities and In- (2) GOOD.—The term ‘‘good’’ has the mean- This title may be cited as the ‘‘Countering tentions in Recent U.S. Elections’’ stated, ing given that term in section 16 of the Ex- Russian Influence in Europe and Eurasia Act ‘‘Russian President Vladimir Putin ordered port Administration Act of 1979 (50 U.S.C. of 2017’’. an influence campaign in 2016 aimed at the 4618) (as continued in effect pursuant to the United States presidential election.’’ The as- International Emergency Economic Powers Subtitle A—Sanctions and Other Measures sessment warns that ‘‘Moscow will apply les- Act (50 U.S.C. 1701 et seq.)). With Respect to the Russian Federation sons learned from its Putin-ordered cam- (3) MEDICAL DEVICE.—The term ‘‘medical SEC. 211. FINDINGS. paign aimed at the U.S. Presidential election device’’ has the meaning given the term ‘‘de- Congress makes the following findings: to future influence efforts worldwide, includ- vice’’ in section 201 of the Federal Food, (1) On March 6, 2014, President Barack ing against U.S. allies and their election Drug, and Cosmetic Act (21 U.S.C. 321). Obama issued Executive Order 13660 (79 Fed. processes’’. (4) MEDICINE.—The term ‘‘medicine’’ has Reg. 13493; relating to blocking property of the meaning given the term ‘‘drug’’ in sec- certain persons contributing to the situation SEC. 212. SENSE OF CONGRESS. tion 201 of the Federal Food, Drug, and Cos- in Ukraine), which authorizes the Secretary metic Act (21 U.S.C. 321). of the Treasury, in consultation with the It is the sense of Congress that the Presi- SEC. 112. PRESIDENTIAL WAIVER AUTHORITY. Secretary of State, to impose sanctions on dent— (a) CASE-BY-CASE WAIVER AUTHORITY.— those determined to be undermining demo- (1) should continue to uphold and seek (1) IN GENERAL.—The President may waive, cratic processes and institutions in Ukraine unity with European and other key partners on a case-by-case basis and for a period of or threatening the peace, security, stability, on sanctions implemented against the Rus- not more than 180 days, a requirement under sovereignty, and territorial integrity of sian Federation, which have been effective section 104, 105, 106, 107, or 108 to impose or Ukraine. President Obama subsequently and instrumental in countering Russian ag- maintain sanctions with respect to a person, issued Executive Order 13661 (79 Fed. Reg. gression in Ukraine; and may waive the continued imposition of 15535; relating to blocking property of addi- (2) should engage to the fullest extent pos- such sanctions, not less than 30 days after tional persons contributing to the situation sible with partner governments with regard the President determines and reports to the in Ukraine) and Executive Order 13662 (79 to closing loopholes, including the allowance appropriate congressional committees that Fed. Reg. 16169; relating to blocking property of extended prepayment for the delivery of it is vital to the national security interests of additional persons contributing to the sit- goods and commodities and other loopholes, of the United States to waive such sanctions. uation in Ukraine) to expand sanctions on in multilateral and unilateral restrictive (2) RENEWAL OF WAIVERS.—The President certain persons contributing to the situation measures against the Russian Federation, may, on a case-by-case basis, renew a waiver in Ukraine. with the aim of maximizing alignment of under paragraph (1) for an additional period (2) On December 18, 2014, the Ukraine Free- those measures; and of not more than 180 days if, not later than dom Support Act of 2014 was enacted (Public (3) should increase efforts to vigorously en- 15 days before that waiver expires, the Presi- Law 113–272; 22 U.S.C. 8921 et seq.), which in- force compliance with sanctions in place as dent makes the determination and submits cludes provisions directing the President to of the date of the enactment of this Act with to the appropriate congressional committees impose sanctions on foreign persons that the respect to the Russian Federation in re- a report described in paragraph (1). President determines to be entities owned or sponse to the crisis in eastern Ukraine, cyber (3) SUCCESSIVE RENEWAL.—The renewal au- controlled by the Government of the Russian intrusions and attacks, and human rights thority provided under paragraph (2) may be Federation or nationals of the Russian Fed- violators in the Russian Federation.

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PART 1—CONGRESSIONAL REVIEW OF (5) CONFIDENTIALITY OF PROPRIETARY INFOR- any other provision of law, if a joint resolu- SANCTIONS IMPOSED WITH RESPECT TO MATION.—Proprietary information that can tion of disapproval relating to a report sub- THE RUSSIAN FEDERATION be associated with a particular person with mitted under subsection (a)(1) proposing an SEC. 215. SHORT TITLE. respect to an action described in paragraph action described in subsection (a)(2) is en- This part may be cited as the ‘‘Russia (2) may be included in a report submitted acted in accordance with subsection (c), the Sanctions Review Act of 2017’’. under paragraph (1) only if the appropriate President may not take that action. SEC. 216. CONGRESSIONAL REVIEW OF CERTAIN congressional committees and leadership (c) JOINT RESOLUTIONS OF DISAPPROVAL OR ACTIONS RELATING TO SANCTIONS provide assurances of confidentiality, unless APPROVAL DEFINED.—In this subsection: IMPOSED WITH RESPECT TO THE such person otherwise consents in writing to (1) JOINT RESOLUTION OF APPROVAL.—The RUSSIAN FEDERATION. such disclosure. term ‘‘joint resolution of approval’’ means (a) SUBMISSION TO CONGRESS OF PROPOSED (6) RULE OF CONSTRUCTION.—Paragraph only a joint resolution of either House of ACTION.— (2)(A)(iii) shall not be construed to require Congress— (1) IN GENERAL.—Notwithstanding any the submission of a report under paragraph (A) the title of which is as follows: ‘‘A joint other provision of law, before taking any ac- (1) with respect to the routine issuance of a resolution approving the President’s pro- tion described in paragraph (2), the President license that does not significantly alter posal to take an action relating to the appli- shall submit to the appropriate congres- United States foreign policy with regard to cation of certain sanctions with respect to sional committees and leadership a report the Russian Federation. the Russian Federation.’’; and that describes the proposed action and the (b) PERIOD FOR REVIEW BY CONGRESS.— (B) the sole matter after the resolving reasons for that action. (1) IN GENERAL.—During the period of 30 clause of which is the following: ‘‘Congress (2) ACTIONS DESCRIBED.— calendar days beginning on the date on approves of the action relating to the appli- (A) IN GENERAL.—An action described in which the President submits a report under cation of sanctions imposed with respect to this paragraph is— subsection (a)(1)— the Russian Federation proposed by the (i) an action to terminate the application (A) in the case of a report that relates to President in the report submitted to Con- of any sanctions described in subparagraph an action that is not intended to signifi- gress under section 216(a)(1) of the Russia (B); cantly alter United States foreign policy Sanctions Review Act of 2017 on (ii) with respect to sanctions described in with regard to the Russian Federation, the lllllll relating to llllllll.’’, subparagraph (B) imposed by the President Committee on Banking, Housing, and Urban with the first blank space being filled with with respect to a person, an action to waive Affairs of the Senate and the Committee on the appropriate date and the second blank the application of those sanctions with re- Financial Services of the House of Rep- space being filled with a short description of spect to that person; or resentatives should, as appropriate, hold the proposed action. (iii) a licensing action that significantly hearings and briefings and otherwise obtain (2) JOINT RESOLUTION OF DISAPPROVAL.—The alters United States’ foreign policy with re- information in order to fully review the re- term ‘‘joint resolution of disapproval’’ means gard to the Russian Federation. port; and only a joint resolution of either House of (B) SANCTIONS DESCRIBED.—The sanctions (B) in the case of a report that relates to Congress— described in this subparagraph are— an action that is intended to significantly (A) the title of which is as follows: ‘‘A joint (i) sanctions provided for under— alter United States foreign policy with re- resolution disapproving the President’s pro- (I) this title or any provision of law amend- gard to the Russian Federation, the Com- posal to take an action relating to the appli- ed by this title, including the Executive or- mittee on Foreign Relations of the Senate cation of certain sanctions with respect to ders codified under section 222; and the Committee on Foreign Affairs of the the Russian Federation.’’; and (II) the Support for the Sovereignty, Integ- House of Representatives should, as appro- (B) the sole matter after the resolving rity, Democracy, and Economic Stability of priate, hold hearings and briefings and other- clause of which is the following: ‘‘Congress Ukraine Act of 2014 (22 U.S.C. 8901 et seq.); or wise obtain information in order to fully re- disapproves of the action relating to the ap- (III) the Ukraine Freedom Support Act of view the report. plication of sanctions imposed with respect 2014 (22 U.S.C. 8921 et seq.); and (2) EXCEPTION.—The period for congres- to the Russian Federation proposed by the (ii) the prohibition on access to the prop- sional review under paragraph (1) of a report President in the report submitted to Con- erties of the Government of the Russian Fed- required to be submitted under subsection gress under section 216(a)(1) of the Russia eration located in Maryland and New York (a)(1) shall be 60 calendar days if the report Sanctions Review Act of 2017 on that the President ordered vacated on De- is submitted on or after July 10 and on or be- lllllll relating to llllllll.’’, cember 29, 2016. fore September 7 in any calendar year. with the first blank space being filled with (3) DESCRIPTION OF TYPE OF ACTION.—Each (3) LIMITATION ON ACTIONS DURING INITIAL the appropriate date and the second blank report submitted under paragraph (1) with CONGRESSIONAL REVIEW PERIOD.—Notwith- space being filled with a short description of respect to an action described in paragraph standing any other provision of law, during the proposed action. (2) shall include a description of whether the the period for congressional review provided (3) INTRODUCTION.—During the period of 30 action— for under paragraph (1) of a report submitted calendar days provided for under subsection (A) is not intended to significantly alter under subsection (a)(1) proposing an action (b)(1), including any additional period as ap- United States foreign policy with regard to described in subsection (a)(2), including any plicable under the exception provided in sub- the Russian Federation; or additional period for such review as applica- section (b)(2), a joint resolution of approval (B) is intended to significantly alter ble under the exception provided in para- or joint resolution of disapproval may be in- United States foreign policy with regard to graph (2), the President may not take that troduced— the Russian Federation. action unless a joint resolution of approval (A) in the House of Representatives, by the (4) INCLUSION OF ADDITIONAL MATTER.— with respect to that action is enacted in ac- majority leader or the minority leader; and (A) IN GENERAL.—Each report submitted cordance with subsection (c). (B) in the Senate, by the majority leader under paragraph (1) that relates to an action (4) LIMITATION ON ACTIONS DURING PRESI- (or the majority leader’s designee) or the mi- that is intended to significantly alter United DENTIAL CONSIDERATION OF A JOINT RESOLU- nority leader (or the minority leader’s des- States foreign policy with regard to the Rus- TION OF DISAPPROVAL.—Notwithstanding any ignee). sian Federation shall include a description other provision of law, if a joint resolution of (4) FLOOR CONSIDERATION IN HOUSE OF REP- of— disapproval relating to a report submitted RESENTATIVES.—If a committee of the House (i) the significant alteration to United under subsection (a)(1) proposing an action of Representatives to which a joint resolu- States foreign policy with regard to the Rus- described in subsection (a)(2) passes both tion of approval or joint resolution of dis- sian Federation; Houses of Congress in accordance with sub- approval has been referred has not reported (ii) the anticipated effect of the action on section (c), the President may not take that the joint resolution within 10 calendar days the national security interests of the United action for a period of 12 calendar days after after the date of referral, that committee States; and the date of passage of the joint resolution of shall be discharged from further consider- (iii) the policy objectives for which the disapproval. ation of the joint resolution. sanctions affected by the action were ini- (5) LIMITATION ON ACTIONS DURING CONGRES- (5) CONSIDERATION IN THE SENATE.— tially imposed. SIONAL RECONSIDERATION OF A JOINT RESOLU- (A) COMMITTEE REFERRAL.—A joint resolu- (B) REQUESTS FROM BANKING AND FINANCIAL TION OF DISAPPROVAL.—Notwithstanding any tion of approval or joint resolution of dis- SERVICES COMMITTEES.—The Committee on other provision of law, if a joint resolution of approval introduced in the Senate shall be— Banking, Housing, and Urban Affairs of the disapproval relating to a report submitted (i) referred to the Committee on Banking, Senate or the Committee on Financial Serv- under subsection (a)(1) proposing an action Housing, and Urban Affairs if the joint reso- ices of the House of Representatives may re- described in subsection (a)(2) passes both lution relates to a report under subsection quest the submission to the Committee of Houses of Congress in accordance with sub- (a)(3)(A) that relates to an action that is not the matter described in clauses (ii) and (iii) section (c), and the President vetoes the intended to significantly alter United States of subparagraph (A) with respect to a report joint resolution, the President may not take foreign policy with regard to the Russian submitted under paragraph (1) that relates that action for a period of 10 calendar days Federation; and to an action that is not intended to signifi- after the date of the President’s veto. (ii) referred to the Committee on Foreign cantly alter United States foreign policy (6) EFFECT OF ENACTMENT OF A JOINT RESO- Relations if the joint resolution relates to a with regard to the Russian Federation. LUTION OF DISAPPROVAL.—Notwithstanding report under subsection (a)(3)(B) that relates

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.013 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6247 to an action that is intended to significantly tion to final passage without intervening port Administration Act of 1979 (50 U.S.C. alter United States foreign policy with re- motion except two hours of debate equally 4618) (as continued in effect pursuant to the spect to the Russian Federation. divided and controlled by the sponsor of the International Emergency Economic Powers (B) REPORTING AND DISCHARGE.—If the com- joint resolution (or a designee) and an oppo- Act (50 U.S.C. 1701 et seq.)). mittee to which a joint resolution of ap- nent. A motion to reconsider the vote on (3) INTERNATIONAL FINANCIAL INSTITUTION.— proval or joint resolution of disapproval was passage of the joint resolution shall not be in The term ‘‘international financial institu- referred has not reported the joint resolution order. tion’’ has the meaning given that term in within 10 calendar days after the date of re- (B) TREATMENT OF HOUSE JOINT RESOLUTION section 1701(c) of the International Financial ferral of the joint resolution, that committee IN SENATE.— Institutions Act (22 U.S.C. 262r(c)). shall be discharged from further consider- (i) If, before the passage by the Senate of a (4) KNOWINGLY.—The term ‘‘knowingly’’, ation of the joint resolution and the joint joint resolution of approval or joint resolu- with respect to conduct, a circumstance, or a resolution shall be placed on the appropriate tion of disapproval, the Senate receives an result, means that a person has actual calendar. identical joint resolution from the House of knowledge, or should have known, of the (C) PROCEEDING TO CONSIDERATION.—Not- Representatives, the following procedures conduct, the circumstance, or the result. withstanding Rule XXII of the Standing shall apply: (5) PERSON.—The term ‘‘person’’ means an Rules of the Senate, it is in order at any (I) That joint resolution shall not be re- individual or entity. time after the Committee on Banking, Hous- ferred to a committee. (6) UNITED STATES PERSON.—The term ing, and Urban Affairs or the Committee on (II) With respect to that joint resolution— ‘‘United States person’’ means— Foreign Relations, as the case may be, re- (aa) the procedure in the Senate shall be (A) a United States citizen or an alien law- ports a joint resolution of approval or joint the same as if no joint resolution had been fully admitted for permanent residence to resolution of disapproval to the Senate or received from the House of Representatives; the United States; or has been discharged from consideration of but (B) an entity organized under the laws of such a joint resolution (even though a pre- (bb) the vote on passage shall be on the the United States or of any jurisdiction vious motion to the same effect has been dis- joint resolution from the House of Rep- within the United States, including a foreign agreed to) to move to proceed to the consid- resentatives. branch of such an entity. eration of the joint resolution, and all points (ii) If, following passage of a joint resolu- SEC. 222. CODIFICATION OF SANCTIONS RELAT- of order against the joint resolution (and tion of approval or joint resolution of dis- ING TO THE RUSSIAN FEDERATION. against consideration of the joint resolution) approval in the Senate, the Senate receives (a) CODIFICATION.—United States sanctions are waived. The motion to proceed is not de- an identical joint resolution from the House provided for in Executive Order 13660 (79 Fed. batable. The motion is not subject to a mo- of Representatives, that joint resolution Reg. 13493; relating to blocking property of tion to postpone. A motion to reconsider the shall be placed on the appropriate Senate certain persons contributing to the situation vote by which the motion is agreed to or dis- calendar. in Ukraine), Executive Order 13661 (79 Fed. agreed to shall not be in order. (iii) If a joint resolution of approval or a Reg. 15535; relating to blocking property of (D) RULINGS OF THE CHAIR ON PROCEDURE.— joint resolution of disapproval is received additional persons contributing to the situa- Appeals from the decisions of the Chair re- from the House, and no companion joint res- tion in Ukraine), Executive Order 13662 (79 lating to the application of the rules of the olution has been introduced in the Senate, Fed. Reg. 16169; relating to blocking property Senate, as the case may be, to the procedure the Senate procedures under this subsection of additional persons contributing to the sit- relating to a joint resolution of approval or shall apply to the House joint resolution. uation in Ukraine), Executive Order 13685 (79 joint resolution of disapproval shall be de- (C) APPLICATION TO REVENUE MEASURES.— Fed. Reg. 77357; relating to blocking property cided without debate. The provisions of this paragraph shall not of certain persons and prohibiting certain (E) CONSIDERATION OF VETO MESSAGES.—De- apply in the House of Representatives to a transactions with respect to the Crimea re- bate in the Senate of any veto message with joint resolution of approval or joint resolu- gion of Ukraine), Executive Order 13694 (80 respect to a joint resolution of approval or tion of disapproval that is a revenue meas- Fed. Reg. 18077; relating to blocking the joint resolution of disapproval, including all ure. property of certain persons engaging in sig- debatable motions and appeals in connection (7) RULES OF HOUSE OF REPRESENTATIVES nificant malicious cyber-enabled activities), with the joint resolution, shall be limited to AND SENATE.—This subsection is enacted by and Executive Order 13757 (82 Fed. Reg. 1; re- 10 hours, to be equally divided between, and Congress— lating to taking additional steps to address controlled by, the majority leader and the (A) as an exercise of the rulemaking power the national emergency with respect to sig- minority leader or their designees. of the Senate and the House of Representa- nificant malicious cyber-enabled activities), (6) RULES RELATING TO SENATE AND HOUSE tives, respectively, and as such is deemed a as in effect on the day before the date of the OF REPRESENTATIVES.— part of the rules of each House, respectively, enactment of this Act, including with re- (A) TREATMENT OF SENATE JOINT RESOLU- and supersedes other rules only to the extent spect to all persons sanctioned under such TION IN HOUSE.—In the House of Representa- that it is inconsistent with such rules; and Executive orders, shall remain in effect ex- tives, the following procedures shall apply to (B) with full recognition of the constitu- cept as provided in subsection (b). a joint resolution of approval or a joint reso- tional right of either House to change the (b) TERMINATION OF CERTAIN SANCTIONS.— lution of disapproval received from the Sen- rules (so far as relating to the procedure of Subject to section 216, the President may ate (unless the House has already passed a that House) at any time, in the same man- terminate the application of sanctions de- joint resolution relating to the same pro- ner, and to the same extent as in the case of scribed in subsection (a) that are imposed on posed action): any other rule of that House. a person in connection with activity con- (i) The joint resolution shall be referred to (d) APPROPRIATE CONGRESSIONAL COMMIT- ducted by the person if the President sub- the appropriate committees. TEES AND LEADERSHIP DEFINED.—In this sec- mits to the appropriate congressional com- (ii) If a committee to which a joint resolu- tion, the term ‘‘appropriate congressional mittees a notice that— tion has been referred has not reported the committees and leadership’’ means— (1) the person is not engaging in the activ- joint resolution within two calendar days (1) the Committee on Banking, Housing, ity that was the basis for the sanctions or after the date of referral, that committee and Urban Affairs, the Committee on For- has taken significant verifiable steps toward shall be discharged from further consider- eign Relations, and the majority and minor- stopping the activity; and ation of the joint resolution. ity leaders of the Senate; and (2) the President has received reliable as- (iii) Beginning on the third legislative day (2) the Committee on Financial Services, surances that the person will not knowingly after each committee to which a joint reso- the Committee on Foreign Affairs, and the engage in activity subject to sanctions de- lution has been referred reports the joint res- Speaker, the majority leader, and the minor- scribed in subsection (a) in the future. olution to the House or has been discharged ity leader of the House of Representatives. (c) APPLICATION OF NEW CYBER SANC- from further consideration thereof, it shall PART 2—SANCTIONS WITH RESPECT TO TIONS.—The President may waive the initial be in order to move to proceed to consider THE RUSSIAN FEDERATION application under subsection (a) of sanctions the joint resolution in the House. All points SEC. 221. DEFINITIONS. with respect to a person under Executive of order against the motion are waived. Such In this part: Order 13694 or 13757 only if the President sub- a motion shall not be in order after the (1) APPROPRIATE CONGRESSIONAL COMMIT- mits to the appropriate congressional com- House has disposed of a motion to proceed on TEES.—The term ‘‘appropriate congressional mittees— the joint resolution. The previous question committees’’ means— (1) a written determination that the waiv- shall be considered as ordered on the motion (A) the Committee on Banking, Housing, er— to its adoption without intervening motion. and Urban Affairs, the Committee on For- (A) is in the vital national security inter- The motion shall not be debatable. A motion eign Relations, and the Committee on Fi- ests of the United States; or to reconsider the vote by which the motion nance of the Senate; and (B) will further the enforcement of this is disposed of shall not be in order. (B) the Committee on Foreign Affairs, the title; and (iv) The joint resolution shall be consid- Committee on Financial Services, and the (2) a certification that the Government of ered as read. All points of order against the Committee on Ways and Means of the House the Russian Federation has made significant joint resolution and against its consider- of Representatives. efforts to reduce the number and intensity of ation are waived. The previous question shall (2) GOOD.—The term ‘‘good’’ has the mean- cyber intrusions conducted by that Govern- be considered as ordered on the joint resolu- ing given that term in section 16 of the Ex- ment.

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(d) APPLICATION OF NEW UKRAINE-RELATED (1) that have the potential to produce oil; (1) significant efforts— SANCTIONS.—The President may waive the and (A) to deny access to or degrade, disrupt, initial application under subsection (a) of (2) that involve any person determined to or destroy an information and communica- sanctions with respect to a person under Ex- be subject to the directive or the property or tions technology system or network; or ecutive Order 13660, 13661, 13662, or 13685 only interests in property of such a person who (B) to exfiltrate, degrade, corrupt, destroy, if the President submits to the appropriate has a controlling interest or a substantial or release information from such a system or congressional committees— non-controlling ownership interest in such a network without authorization for purposes (1) a written determination that the waiv- project defined as not less than a 33 percent of— er— interest. (i) conducting influence operations; or (A) is in the vital national security inter- SEC. 224. IMPOSITION OF SANCTIONS WITH RE- (ii) causing a significant misappropriation ests of the United States; or SPECT TO ACTIVITIES OF THE RUS- of funds, economic resources, trade secrets, (B) will further the enforcement of this SIAN FEDERATION UNDERMINING personal identifications, or financial infor- title; and CYBERSECURITY. mation for commercial or competitive ad- (a) IN GENERAL.—On and after the date (2) a certification that the Government of vantage or private financial gain; that is 60 days after the date of the enact- the Russian Federation is taking steps to (2) significant destructive malware at- ment of this Act, the President shall— implement the Minsk Agreement to address tacks; and (1) impose the sanctions described in sub- the ongoing conflict in eastern Ukraine, (3) significant denial of service activities. signed in Minsk, Belarus, on February 11, section (b) with respect to any person that SEC. 225. IMPOSITION OF SANCTIONS RELATING 2015, by the leaders of Ukraine, Russia, the President determines— (A) knowingly engages in significant ac- TO SPECIAL RUSSIAN CRUDE OIL France, and Germany, the Minsk Protocol, PROJECTS. which was agreed to on September 5, 2014, tivities undermining cybersecurity against any person, including a democratic institu- Section 4(b)(1) of the Ukraine Freedom and any successor agreements that are tion, or government on behalf of the Govern- Support Act of 2014 (22 U.S.C. 8923(b)(1)) is agreed to by the Government of Ukraine. ment of the Russian Federation; or amended by striking ‘‘on and after the date SEC. 223. MODIFICATION OF IMPLEMENTATION (B) is owned or controlled by, or acts or OF EXECUTIVE ORDER 13662. that is 45 days after the date of the enact- purports to act for or on behalf of, directly ment of this Act, the President may impose’’ (a) DETERMINATION THAT CERTAIN ENTITIES or indirectly, a person described in subpara- ARE SUBJECT TO SANCTIONS.—The Secretary and inserting ‘‘on and after the date that is of the Treasury may determine that a person graph (A); 30 days after the date of the enactment of meets one or more of the criteria in section (2) impose 5 or more of the sanctions de- the Countering Russian Influence in Europe 1(a) of Executive Order 13662 if that person is scribed in section 235 with respect to any and Eurasia Act of 2017, the President shall a state-owned entity operating in the rail- person that the President determines know- impose, unless the President determines that way or metals and mining sector of the econ- ingly materially assists, sponsors, or pro- it is not in the national interest of the omy of the Russian Federation. vides financial, material, or technological United States to do so,’’. support for, or goods or services (except fi- (b) MODIFICATION OF DIRECTIVE 1 WITH RE- SEC. 226. IMPOSITION OF SANCTIONS WITH RE- SPECT TO THE FINANCIAL SERVICES SECTOR OF nancial services) in support of, an activity SPECT TO RUSSIAN AND OTHER THE RUSSIAN FEDERATION ECONOMY.—Not described in paragraph (1)(A); and FOREIGN FINANCIAL INSTITUTIONS. (3) impose 3 or more of the sanctions de- later than 60 days after the date of the enact- Section 5 of the Ukraine Freedom Support ment of this Act, the Secretary of the Treas- scribed in section 4(c) of the of the Ukraine Freedom Support Act of 2014 (22 U.S.C. Act of 2014 (22 U.S.C. 8924) is amended— ury shall modify Directive 1 (as amended), (1) in subsection (a)— dated September 12, 2014, issued by the Office 8923(c)) with respect to any person that the (A) by striking ‘‘may impose’’ and insert- of Foreign Assets Control under Executive President determines knowingly provides fi- ing ‘‘shall impose, unless the President de- Order 13662, or any successor directive nancial services in support of an activity de- termines that it is not in the national inter- (which shall be effective beginning on the scribed in paragraph (1)(A). est of the United States to do so,’’; and date that is 60 days after the date of such (b) SANCTIONS DESCRIBED.—The sanctions modification), to ensure that the directive described in this subsection are the fol- (B) by striking ‘‘on or after the date of the prohibits the conduct by United States per- lowing: enactment of this Act’’ and inserting ‘‘on or sons or persons within the United States of (1) ASSET BLOCKING.—The exercise of all after the date of the enactment of the Coun- all transactions in, provision of financing powers granted to the President by the tering Russian Influence in Europe and Eur- for, and other dealings in new debt of longer International Emergency Economic Powers asia Act of 2017’’; and than 14 days maturity or new equity of per- Act (50 U.S.C. 1701 et seq.) to the extent nec- (2) in subsection (b)— sons determined to be subject to the direc- essary to block and prohibit all transactions (A) by striking ‘‘may impose’’ and insert- tive, their property, or their interests in in all property and interests in property of a ing ‘‘shall impose, unless the President de- property. person determined by the President to be termines that it is not in the national inter- (c) MODIFICATION OF DIRECTIVE 2 WITH RE- subject to subsection (a)(1) if such property est of the United States to do so,’’; and SPECT TO THE ENERGY SECTOR OF THE RUSSIAN and interests in property are in the United (B) by striking ‘‘on or after the date that FEDERATION ECONOMY.—Not later than 60 States, come within the United States, or is 180 days after the date of the enactment of days after the date of the enactment of this are or come within the possession or control this Act’’ and inserting ‘‘on or after the date Act, the Secretary of the Treasury shall of a United States person. that is 30 days after the date of the enact- modify Directive 2 (as amended), dated Sep- (2) EXCLUSION FROM THE UNITED STATES AND ment of the Countering Russian Influence in tember 12, 2014, issued by the Office of For- REVOCATION OF VISA OR OTHER DOCUMENTA- Europe and Eurasia Act of 2017’’. eign Assets Control under Executive Order TION.—In the case of an alien determined by SEC. 227. MANDATORY IMPOSITION OF SANC- 13662, or any successor directive (which shall the President to be subject to subsection TIONS WITH RESPECT TO SIGNIFI- be effective beginning on the date that is 60 (a)(1), denial of a visa to, and exclusion from CANT CORRUPTION IN THE RUSSIAN days after the date of such modification), to the United States of, the alien, and revoca- FEDERATION. ensure that the directive prohibits the con- tion in accordance with section 221(i) of the Section 9 of the Sovereignty, Integrity, De- duct by United States persons or persons Immigration and Nationality Act (8 U.S.C. mocracy, and Economic Stability of Ukraine within the United States of all transactions 1201(i)), of any visa or other documentation Act of 2014 (22 U.S.C. 8908(a)) is amended— in, provision of financing for, and other deal- of the alien. (1) in subsection (a)— ings in new debt of longer than 60 days matu- PPLICATION OF NEW CYBER SANC- (c) A (A) in the matter preceding paragraph (1), rity of persons determined to be subject to TIONS.—The President may waive the initial by striking ‘‘is authorized and encouraged the directive, their property, or their inter- application under subsection (a) of sanctions to’’ and inserting ‘‘shall’’; and ests in property. with respect to a person only if the President (B) in paragraph (1)— (d) MODIFICATION OF DIRECTIVE 4.—Not submits to the appropriate congressional later than 90 days after the date of the enact- committees— (i) by striking ‘‘President determines is’’ ment of this Act, the Secretary of the Treas- (1) a written determination that the waiv- and inserting ‘‘President determines is, on or ury shall modify Directive 4, dated Sep- er— after the date of the enactment of the Coun- tember 12, 2014, issued by the Office of For- (A) is in the vital national security inter- tering Russian Influence in Europe and Eur- eign Assets Control under Executive Order ests of the United States; or asia Act of 2017,’’; and 13662, or any successor directive (which shall (B) will further the enforcement of this (ii) by inserting ‘‘or elsewhere’’ after ‘‘in be effective beginning on the date that is 90 title; and the Russian Federation’’; days after the date of such modification), to (2) a certification that the Government of (2) by redesignating subsection (d) as sub- ensure that the directive prohibits the provi- the Russian Federation has made significant section (e); sion, exportation, or reexportation, directly efforts to reduce the number and intensity of (3) in subsection (c), by striking ‘‘The or indirectly, by United States persons or cyber intrusions conducted by that Govern- President’’ and inserting ‘‘except as provided persons within the United States, of goods, ment. in subsection (d), the President’’; and services (except for financial services), or (d) SIGNIFICANT ACTIVITIES UNDERMINING (4) by inserting after subsection (c) the fol- technology in support of exploration or pro- CYBERSECURITY DEFINED.—In this section, lowing: duction for new deepwater, Arctic offshore, the term ‘‘significant activities undermining ‘‘(d) APPLICATION OF NEW SANCTIONS.—The or shale projects— cybersecurity’’ includes— President may waive the initial application

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.013 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6249 of sanctions under subsection (b) with re- an unlawful act described in subsection (a) of Regulations (as in effect on the date of the spect to a person only if the President sub- that section. enactment of this section). mits to the appropriate congressional com- ‘‘(d) APPLICATION OF NEW SANCTIONS.—The ‘‘(3) STRUCTURED.—The term ‘structured’, mittees— President may waive the initial application with respect to a transaction, has the mean- ‘‘(1) a written determination that the waiv- of sanctions under subsection (b) with re- ing given the term ‘structure’ in paragraph er— spect to a person only if the President sub- (xx) of section 1010.100 of title 31, Code of ‘‘(A) is in the vital national security inter- mits to the appropriate congressional com- Federal Regulations (or any corresponding ests of the United States; or mittees— similar regulation or ruling). ‘‘(B) will further the enforcement of this ‘‘(1) a written determination that the waiv- ‘‘SEC. 11. MANDATORY IMPOSITION OF SANC- Act; and er— TIONS WITH RESPECT TO TRANS- ‘‘(2) a certification that the Government of ‘‘(A) is in the vital national security inter- ACTIONS WITH PERSONS RESPON- the Russian Federation is taking steps to ests of the United States; or SIBLE FOR HUMAN RIGHTS ABUSES. implement the Minsk Agreement to address ‘‘(B) will further the enforcement of this ‘‘(a) IN GENERAL.—The President shall im- the ongoing conflict in eastern Ukraine, Act; pose the sanctions described in subsection (b) with respect to a foreign person if the Presi- signed in Minsk, Belarus, on February 11, ‘‘(2) in the case of sanctions imposed under dent determines that the foreign person, 2015, by the leaders of Ukraine, Russia, this section in connection with a covered Ex- based on credible information, on or after France, and Germany, the Minsk Protocol, ecutive order described in subparagraph (A), the date of the enactment of this section— which was agreed to on September 5, 2014, (B), (C), or (D) of subsection (f)(1), a certifi- ‘‘(1) is responsible for, complicit in, or re- and any successor agreements that are cation that the Government of the Russian sponsible for ordering, controlling, or other- agreed to by the Government of Ukraine.’’. Federation is taking steps to implement the wise directing, the commission of serious Minsk Agreement to address the ongoing SEC. 228. MANDATORY IMPOSITION OF SANC- human rights abuses in any territory forc- TIONS WITH RESPECT TO CERTAIN conflict in eastern Ukraine, signed in Minsk, ibly occupied or otherwise controlled by the TRANSACTIONS WITH FOREIGN Belarus, on February 11, 2015, by the leaders Government of the Russian Federation; SANCTIONS EVADERS AND SERIOUS of Ukraine, Russia, France, and Germany, ‘‘(2) materially assists, sponsors, or pro- HUMAN RIGHTS ABUSERS IN THE the Minsk Protocol, which was agreed to on RUSSIAN FEDERATION. vides financial, material, or technological September 5, 2014, and any successor agree- (a) IN GENERAL.—The Support for the Sov- support for, or goods or services to, a foreign ments that are agreed to by the Government ereignty, Integrity, Democracy, and Eco- person described in paragraph (1); or of Ukraine; and nomic Stability of Ukraine Act of 2014 (22 ‘‘(3) is owned or controlled by, or acts or ‘‘(3) in the case of sanctions imposed under U.S.C. 8901 et seq.) is amended by adding at purports to act for or on behalf of, directly this section in connection with a covered Ex- the end the following: or indirectly, a foreign person described in ecutive order described in subparagraphs (E) paragraph (1). ‘‘SEC. 10. MANDATORY IMPOSITION OF SANC- or (F) of subsection (f)(1), a certification that ‘‘(b) SANCTIONS DESCRIBED.— TIONS WITH RESPECT TO CERTAIN the Government of the Russian Federation TRANSACTIONS WITH PERSONS ‘‘(1) ASSET BLOCKING.—The exercise of all THAT EVADE SANCTIONS IMPOSED has made significant efforts to reduce the powers granted to the President by the WITH RESPECT TO THE RUSSIAN number and intensity of cyber intrusions International Emergency Economic Powers FEDERATION. conducted by that Government. Act (50 U.S.C. 1701 et seq.) to the extent nec- ‘‘(a) IN GENERAL.—The President shall im- ‘‘(e) TERMINATION.—Subject to section 216 essary to block and prohibit all transactions pose the sanctions described in subsection (b) of the Russia Sanctions Review Act of 2017, in all property and interests in property of a with respect to a foreign person if the Presi- the President may terminate the application person determined by the President to be dent determines that the foreign person of sanctions under subsection (b) with re- subject to subsection (a) if such property and knowingly, on or after the date of the enact- spect to a person if the President submits to interests in property are in the United ment of the Countering Russian Influence in the appropriate congressional committees— States, come within the United States, or Europe and Eurasia Act of 2017— ‘‘(1) a notice of and justification for the are or come within the possession or control ‘‘(1) materially violates, attempts to vio- termination; and of a United States person. late, conspires to violate, or causes a viola- ‘‘(2) a notice that— ‘‘(2) EXCLUSION FROM THE UNITED STATES tion of any license, order, regulation, or pro- ‘‘(A) the person is not engaging in the ac- AND REVOCATION OF VISA OR OTHER DOCU- hibition contained in or issued pursuant to tivity that was the basis for the sanctions or MENTATION.—In the case of an alien deter- any covered Executive order, this Act, or the has taken significant verifiable steps toward mined by the President to be subject to sub- Ukraine Freedom Support Act of 2014 (22 stopping the activity; and section (a), denial of a visa to, and exclusion U.S.C. 8921 et seq.); or ‘‘(B) the President has received reliable as- from the United States of, the alien, and rev- ‘‘(2) facilitates a significant transaction or surances that the person will not knowingly ocation in accordance with section 221(i) of transactions, including deceptive or struc- engage in activity subject to sanctions under the Immigration and Nationality Act (8 tured transactions, for or on behalf of— subsection (a) in the future. U.S.C. 1201(i)), of any visa or other docu- ‘‘(A) any person subject to sanctions im- ‘‘(f) DEFINITIONS.—In this section: mentation of the alien. posed by the United States with respect to ‘‘(1) COVERED EXECUTIVE ORDER.—The term ‘‘(c) APPLICATION OF NEW SANCTIONS.—The the Russian Federation; or ‘covered Executive order’ means any of the President may waive the initial application ‘‘(B) any child, spouse, parent, or sibling of following: of sanctions under subsection (b) with re- an individual described in subparagraph (A). ‘‘(A) Executive Order 13660 (79 Fed. Reg. spect to a person only if the President sub- ‘‘(b) SANCTIONS DESCRIBED.—The sanctions 13493; relating to blocking property of cer- mits to the appropriate congressional com- described in this subsection are the exercise tain persons contributing to the situation in mittees— of all powers granted to the President by the Ukraine). ‘‘(1) a written determination that the waiv- International Emergency Economic Powers ‘‘(B) Executive Order 13661 (79 Fed. Reg. er— Act (50 U.S.C. 1701 et seq.) to the extent nec- 15535; relating to blocking property of addi- ‘‘(A) is in the vital national security inter- essary to block and prohibit all transactions tional persons contributing to the situation ests of the United States; or in all property and interests in property of a in Ukraine). ‘‘(B) will further the enforcement of this person determined by the President to be ‘‘(C) Executive Order 13662 (79 Fed. Reg. Act; and subject to subsection (a) if such property and 16169; relating to blocking property of addi- ‘‘(2) a certification that the Government of interests in property are in the United tional persons contributing to the situation the Russian Federation has made efforts to States, come within the United States, or in Ukraine). reduce serious human rights abuses in terri- are or come within the possession or control ‘‘(D) Executive Order 13685 (79 Fed. Reg. tory forcibly occupied or otherwise con- of a United States person. 77357; relating to blocking property of cer- trolled by that Government. ‘‘(c) IMPLEMENTATION; PENALTIES.— tain persons and prohibiting certain trans- ‘‘(d) IMPLEMENTATION; PENALTIES.— ‘‘(1) IMPLEMENTATION.—The President may actions with respect to the Crimea region of ‘‘(1) IMPLEMENTATION.—The President may exercise all authorities provided to the Ukraine). exercise all authorities provided to the President under sections 203 and 205 of the ‘‘(E) Executive Order 13694 (80 Fed. Reg. President under sections 203 and 205 of the International Emergency Economic Powers 18077; relating to blocking the property of International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out sub- certain persons engaging in significant mali- Act (50 U.S.C. 1702 and 1704) to carry out sub- section (b). cious cyber-enabled activities), relating to section (b)(1). ‘‘(2) PENALTIES.—A person that violates, the Russian Federation. ‘‘(2) PENALTIES.—A person that violates, attempts to violate, conspires to violate, or ‘‘(F) Executive Order 13757 (82 Fed. Reg. 1; attempts to violate, conspires to violate, or causes a violation of subsection (b) or any relating to taking additional steps to address causes a violation of subsection (b)(1) or any regulation, license, or order issued to carry the national emergency with respect to sig- regulation, license, or order issued to carry out subsection (b) shall be subject to the nificant malicious cyber-enabled activities), out subsection (b)(1) shall be subject to the penalties set forth in subsections (b) and (c) relating to the Russian Federation. penalties set forth in subsections (b) and (c) of section 206 of the International Emer- ‘‘(2) FOREIGN PERSON.—The term ‘foreign of section 206 of the International Emer- gency Economic Powers Act (50 U.S.C. 1705) person’ has the meaning given such term in gency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits section 595.304 of title 31, Code of Federal to the same extent as a person that commits

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an unlawful act described in subsection (a) of ‘‘(e) NOTIFICATION TO CONGRESS ON IMPOSI- (1) a written determination that the waiv- that section. TION OF SANCTIONS.—The President shall no- er— ‘‘(e) TERMINATION.—Subject to section 216 tify the appropriate congressional commit- (A) is in the vital national security inter- of Russia Sanctions Review Act of 2017, the tees in writing not later than 15 days after ests of the United States; or President may terminate the application of imposing sanctions with respect to a foreign (B) will further the enforcement of this sanctions under subsection (b) with respect financial institution under subsection (a) or title; and to a person if the President submits to the (b).’’; and (2) a certification that the Government of appropriate congressional committees— (3) in subsection (g), as redesignated by the Russian Federation has made significant ‘‘(1) a notice of and justification for the paragraph (1), by striking ‘‘section 4(h)’’ and efforts to reduce the number and intensity of termination; and inserting ‘‘section 4(i)’’. cyber intrusions conducted by that Govern- ‘‘(2) a notice— SEC. 230. STANDARDS FOR TERMINATION OF ment. ‘‘(A) that— CERTAIN SANCTIONS WITH RESPECT (c) DELAY OF IMPOSITION OF SANCTIONS.— ‘‘(i) the person is not engaging in the activ- TO THE RUSSIAN FEDERATION. The President may delay the imposition of ity that was the basis for the sanctions or (a) SANCTIONS RELATING TO UNDERMINING sanctions under subsection (a) with respect has taken significant verifiable steps toward THE PEACE, SECURITY, STABILITY, SOV- to a person if the President certifies to the stopping the activity; and EREIGNTY, OR TERRITORIAL INTEGRITY OF appropriate congressional committees, not ‘‘(ii) the President has received reliable as- UKRAINE.—Section 8 of the Sovereignty, In- less frequently than every 180 days while the surances that the person will not knowingly tegrity, Democracy, and Economic Stability delay is in effect, that the person is substan- engage in activity subject to sanctions under of Ukraine Act of 2014 (22 U.S.C. 8907) is tially reducing the number of significant subsection (a) in the future; or amended— transactions described in subsection (a) in ‘‘(B) that the President determines that in- (1) by redesignating subsection (d) as sub- which that person engages. sufficient basis exists for the determination section (e); and (d) REQUIREMENT TO ISSUE GUIDANCE.—Not by the President under subsection (a) with (2) by inserting after subsection (c) the fol- later than 60 days after the date of the enact- respect to the person.’’. lowing: ment of this Act, the President shall issue (b) DEFINITION OF APPROPRIATE CONGRES- ‘‘(d) TERMINATION.—Subject to section 216 regulations or other guidance to specify the SIONAL COMMITTEES.—Section 2(2) of the Sup- of the Russia Sanctions Review Act of 2017, persons that are part of, or operate for or on port for the Sovereignty, Integrity, Democ- the President may terminate the application behalf of, the defense and intelligence sec- racy, and Economic Stability of Ukraine Act of sanctions under subsection (b) with re- tors of the Government of the Russian Fed- of 2014 (22 U.S.C. 8901(2)) is amended— spect to a person if the President submits to eration. (1) in subparagraph (A), by inserting ‘‘the the appropriate congressional committees a (e) PENALTIES.—A person that violates, at- Committee on Banking, Housing, and Urban notice that— tempts to violate, conspires to violate, or Affairs,’’ before ‘‘the Committee on Foreign ‘‘(1) the person is not engaging in the ac- causes a violation of subsection (a) or any Relations’’; and tivity that was the basis for the sanctions or regulation, license, or order issued to carry (2) in subparagraph (B), by inserting ‘‘the has taken significant verifiable steps toward out subsection (a) shall be subject to the Committee on Financial Services’’ before stopping the activity; and penalties set forth in subsections (b) and (c) ‘‘the Committee on Foreign Affairs’’. ‘‘(2) the President has received reliable as- of section 206 of the International Emer- SEC. 229. NOTIFICATIONS TO CONGRESS UNDER surances that the person will not knowingly gency Economic Powers Act (50 U.S.C. 1705) UKRAINE FREEDOM SUPPORT ACT engage in activity subject to sanctions under to the same extent as a person that commits OF 2014. subsection (a) in the future.’’. an unlawful act described in subsection (a) of (a) SANCTIONS RELATING TO DEFENSE AND (b) SANCTIONS RELATING TO CORRUPTION.— that section. NERGY ECTORS OF THE USSIAN EDERA Section 9 of the Sovereignty, Integrity, De- E S R F - SEC. 232. SANCTIONS WITH RESPECT TO THE DE- TION.—Section 4 of the Ukraine Freedom mocracy, and Economic Stability of Ukraine VELOPMENT OF PIPELINES IN THE Support Act of 2014 (22 U.S.C. 8923) is amend- Act of 2014 (22 U.S.C. 8908) is amended— RUSSIAN FEDERATION. ed— (1) by redesignating subsection (d) as sub- (a) IN GENERAL.—The President, in coordi- (1) by redesignating subsections (g) and (h) section (e); and nation with allies of the United States, may as subsections (h) and (i), respectively; (2) by inserting after subsection (c) the fol- impose 5 or more of the sanctions described (2) by inserting after subsection (f) the fol- lowing: in section 235 with respect to a person if the lowing: ‘‘(d) TERMINATION.—Subject to section 216 President determines that the person know- ‘‘(g) NOTIFICATIONS AND CERTIFICATIONS TO of the Russia Sanctions Review Act of 2017, ingly, on or after the date of the enactment CONGRESS.— the President may terminate the application of this Act, makes an investment described ‘‘(1) IMPOSITION OF SANCTIONS.—The Presi- of sanctions under subsection (b) with re- in subsection (b) or sells, leases, or provides spect to a person if the President submits to dent shall notify the appropriate congres- to the Russian Federation, for the construc- the appropriate congressional committees a sional committees in writing not later than tion of Russian energy export pipelines, notice that— 15 days after imposing sanctions with respect goods, services, technology, information, or ‘‘(1) the person is not engaging in the ac- to a foreign person under subsection (a) or support described in subsection (c)— tivity that was the basis for the sanctions or (b). (1) any of which has a fair market value of has taken significant verifiable steps toward ‘‘(2) TERMINATION OF SANCTIONS WITH RE- $1,000,000 or more; or stopping the activity; and SPECT TO RUSSIAN PRODUCERS, TRANSFERORS, (2) that, during a 12-month period, have an ‘‘(2) the President has received reliable as- OR BROKERS OF DEFENSE ARTICLES.—Subject aggregate fair market value of $5,000,000 or surances that the person will not knowingly to section 216 of the Russia Sanctions Re- more. engage in activity subject to sanctions under view Act of 2017, the President may termi- (b) INVESTMENT DESCRIBED.—An invest- nate the imposition of sanctions under sub- subsection (a) in the future.’’. ment described in this subsection is an in- section (a)(2) with respect to a foreign person SEC. 231. IMPOSITION OF SANCTIONS WITH RE- vestment that directly and significantly con- if the President submits to the appropriate SPECT TO PERSONS ENGAGING IN tributes to the enhancement of the ability of congressional committees— TRANSACTIONS WITH THE INTEL- LIGENCE OR DEFENSE SECTORS OF the Russian Federation to construct energy ‘‘(A) a notice of and justification for the THE GOVERNMENT OF THE RUSSIAN export pipelines. termination; and FEDERATION. (c) GOODS, SERVICES, TECHNOLOGY, INFOR- ‘‘(B) a notice that— (a) IN GENERAL.—On and after the date MATION, OR SUPPORT DESCRIBED.—Goods, ‘‘(i) the foreign person is not engaging in that is 180 days after the date of the enact- services, technology, information, or support the activity that was the basis for the sanc- ment of this Act, the President shall impose described in this subsection are goods, serv- tions or has taken significant verifiable 5 or more of the sanctions described in sec- ices, technology, information, or support steps toward stopping the activity; and tion 235 with respect to a person the Presi- that could directly and significantly facili- ‘‘(ii) the President has received reliable as- dent determines knowingly, on or after such tate the maintenance or expansion of the surances that the foreign person will not date of enactment, engages in a significant construction, modernization, or repair of en- knowingly engage in activity subject to transaction with a person that is part of, or ergy export pipelines by the Russian Federa- sanctions under subsection (a)(2) in the fu- operates for or on behalf of, the defense or tion. ture.’’; and intelligence sectors of the Government of the SEC. 233. SANCTIONS WITH RESPECT TO INVEST- (3) in subparagraph (B)(ii) of subsection Russian Federation, including the Main In- MENT IN OR FACILITATION OF PRI- (a)(3), by striking ‘‘subsection (h)’’ and in- telligence Agency of the General Staff of the VATIZATION OF STATE-OWNED AS- serting ‘‘subsection (i)’’. Armed Forces of the Russian Federation or SETS BY THE RUSSIAN FEDERATION. (b) SANCTIONS ON RUSSIAN AND OTHER FOR- the Federal Security Service of the Russian (a) IN GENERAL.—The President shall im- EIGN FINANCIAL INSTITUTIONS.—Section 5 of Federation. pose 5 or more of the sanctions described in the Ukraine Freedom Support Act of 2014 (22 (b) APPLICATION OF NEW SANCTIONS.—The section 235 if the President determines that U.S.C. 8924) is amended— President may waive the initial application a person, with actual knowledge, on or after (1) by redesignating subsections (e) and (f) of sanctions under subsection (a) with re- the date of the enactment of this Act, makes as subsections (f) and (g), respectively; spect to a person only if the President sub- an investment of $10,000,000 or more (or any (2) by inserting after subsection (d) the fol- mits to the appropriate congressional com- combination of investments of not less than lowing: mittees— $1,000,000 each, which in the aggregate equals

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or exceeds $10,000,000 in any 12-month pe- (A) EXCLUSION FROM THE UNITED STATES.—If any loan from the international financial in- riod), or facilitates such an investment, if the foreign person is an individual, the Sec- stitution that would benefit the sanctioned the investment directly and significantly retary of State shall deny a visa to, and the person. contributes to the ability of the Russian Secretary of Homeland Security shall ex- (5) PROHIBITIONS ON FINANCIAL INSTITU- Federation to privatize state-owned assets in clude from the United States, the foreign TIONS.—The following prohibitions may be a manner that unjustly benefits— person. imposed against the sanctioned person if (1) officials of the Government of the Rus- (B) CURRENT VISAS REVOKED.— that person is a financial institution: sian Federation; or (i) IN GENERAL.—The issuing consular offi- (A) PROHIBITION ON DESIGNATION AS PRI- (2) close associates or family members of cer, the Secretary of State, or the Secretary MARY DEALER.—Neither the Board of Gov- those officials. of Homeland Security (or a designee of one of ernors of the System nor (b) APPLICATION OF NEW SANCTIONS.—The such Secretaries) shall revoke any visa or the Federal Reserve Bank of New York may President may waive the initial application other entry documentation issued to the for- designate, or permit the continuation of any of sanctions under subsection (a) with re- eign person regardless of when issued. prior designation of, the financial institution spect to a person only if the President sub- (ii) EFFECT OF REVOCATION.—A revocation as a primary dealer in United States Govern- mits to the appropriate congressional com- under clause (i) shall take effect imme- ment debt instruments. mittees— diately and shall automatically cancel any (B) PROHIBITION ON SERVICE AS A REPOSI- (1) a written determination that the waiv- other valid visa or entry documentation that TORY OF GOVERNMENT FUNDS.—The financial er— is in the possession of the foreign person. institution may not serve as agent of the (A) is in the vital national security inter- (c) WAIVER.—Subject to section 216, the United States Government or serve as repos- ests of the United States; or President may waive the application of sanc- itory for United States Government funds. (B) will further the enforcement of this tions under subsection (b) with respect to a The imposition of either sanction under sub- title; and person if the President determines that such paragraph (A) or (B) shall be treated as 1 (2) a certification that the Government of a waiver is in the national security interest sanction for purposes of subsection (b), and the Russian Federation is taking steps to of the United States. the imposition of both such sanctions shall implement the Minsk Agreement to address (d) DEFINITIONS.—In this section: be treated as 2 sanctions for purposes of sub- the ongoing conflict in eastern Ukraine, (1) FINANCIAL, MATERIAL, OR TECHNOLOGICAL section (b). signed in Minsk, Belarus, on February 11, SUPPORT.—The term ‘‘financial, material, or (6) PROCUREMENT SANCTION.—The United 2015, by the leaders of Ukraine, Russia, technological support’’ has the meaning States Government may not procure, or France, and Germany, the Minsk Protocol, given such term in section 542.304 of title 31, enter into any contract for the procurement which was agreed to on September 5, 2014, Code of Federal Regulations (or any cor- of, any goods or services from the sanctioned and any successor agreements that are responding similar regulation or ruling). person. agreed to by the Government of Ukraine. (7) FOREIGN EXCHANGE.—The President (2) FOREIGN PERSON.—The term ‘‘foreign SEC. 234. SANCTIONS WITH RESPECT TO THE person’’ has the meaning given such term in may, pursuant to such regulations as the TRANSFER OF ARMS AND RELATED section 594.304 of title 31, Code of Federal President may prescribe, prohibit any trans- MATERIEL TO SYRIA. Regulations (or any corresponding similar actions in foreign exchange that are subject (a) IMPOSITION OF SANCTIONS.— to the jurisdiction of the United States and regulation or ruling). (1) IN GENERAL.—The President shall im- in which the sanctioned person has any in- (3) SYRIA.—The term ‘‘Syria’’ has the pose on a foreign person the sanctions de- terest. meaning given such term in section 542.316 of scribed in subsection (b) if the President de- (8) BANKING TRANSACTIONS.—The President title 31, Code of Federal Regulations (or any termines that such foreign person has, on or may, pursuant to such regulations as the corresponding similar regulation or ruling). after the date of the enactment of this Act, President may prescribe, prohibit any trans- knowingly exported, transferred, or other- SEC. 235. SANCTIONS DESCRIBED. fers of credit or payments between financial wise provided to Syria significant financial, (a) SANCTIONS DESCRIBED.—The sanctions institutions or by, through, or to any finan- material, or technological support that con- to be imposed with respect to a person under cial institution, to the extent that such tributes materially to the ability of the Gov- section 224(a)(2), 231(b), 232(a), or 233(a) are transfers or payments are subject to the ju- ernment of Syria to— the following: risdiction of the United States and involve (A) acquire or develop chemical, biological, (1) EXPORT-IMPORT BANK ASSISTANCE FOR any interest of the sanctioned person. or nuclear weapons or related technologies; EXPORTS TO SANCTIONED PERSONS.—The Presi- (9) PROPERTY TRANSACTIONS.—The Presi- (B) acquire or develop ballistic or cruise dent may direct the Export-Import Bank of dent may, pursuant to such regulations as missile capabilities; the United States not to give approval to the the President may prescribe, prohibit any (C) acquire or develop destabilizing num- issuance of any guarantee, insurance, exten- person from— bers and types of advanced conventional sion of credit, or participation in the exten- (A) acquiring, holding, withholding, using, weapons; sion of credit in connection with the export transferring, withdrawing, transporting, im- (D) acquire significant defense articles, de- of any goods or services to the sanctioned porting, or exporting any property that is fense services, or defense information (as person. subject to the jurisdiction of the United such terms are defined under the Arms Ex- (2) EXPORT SANCTION.—The President may States and with respect to which the sanc- port Control Act (22 U.S.C. 2751 et seq.)); or order the United States Government not to tioned person has any interest; (E) acquire items designated by the Presi- issue any specific license and not to grant (B) dealing in or exercising any right, dent for purposes of the United States Muni- any other specific permission or authority to power, or privilege with respect to such prop- tions List under section 38(a)(1) of the Arms export any goods or technology to the sanc- erty; or Export Control Act (22 U.S.C. 2778(a)(1)). tioned person under— (C) conducting any transaction involving (2) APPLICABILITY TO OTHER FOREIGN PER- (A) the Export Administration Act of 1979 such property. SONS.—The sanctions described in subsection (50 U.S.C. 4601 et seq.) (as continued in effect (10) BAN ON INVESTMENT IN EQUITY OR DEBT (b) shall also be imposed on any foreign per- pursuant to the International Emergency OF SANCTIONED PERSON.—The President may, son that— Economic Powers Act (50 U.S.C. 1701 et pursuant to such regulations or guidelines as (A) is a successor entity to a foreign person seq.)); the President may prescribe, prohibit any described in paragraph (1); or (B) the Arms Export Control Act (22 U.S.C. United States person from investing in or (B) is owned or controlled by, or has acted 2751 et seq.); purchasing significant amounts of equity or for or on behalf of, a foreign person described (C) the Atomic Energy Act of 1954 (42 debt instruments of the sanctioned person. in paragraph (1). U.S.C. 2011 et seq.); or (11) EXCLUSION OF CORPORATE OFFICERS.— (b) SANCTIONS DESCRIBED.—The sanctions (D) any other statute that requires the The President may direct the Secretary of to be imposed on a foreign person described prior review and approval of the United State to deny a visa to, and the Secretary of in subsection (a) are the following: States Government as a condition for the ex- Homeland Security to exclude from the (1) BLOCKING OF PROPERTY.—The President port or reexport of goods or services. United States, any alien that the President shall exercise all powers granted by the (3) LOANS FROM UNITED STATES FINANCIAL determines is a corporate officer or principal International Emergency Economic Powers INSTITUTIONS.—The President may prohibit of, or a shareholder with a controlling inter- Act (50 U.S.C. 1701 et seq.) (except that the any United States financial institution from est in, the sanctioned person. requirements of section 202 of such Act (50 making loans or providing credits to the (12) SANCTIONS ON PRINCIPAL EXECUTIVE OF- U.S.C. 1701) shall not apply) to the extent sanctioned person totaling more than FICERS.—The President may impose on the necessary to block and prohibit all trans- $10,000,000 in any 12-month period unless the principal executive officer or officers of the actions in all property and interests in prop- person is engaged in activities to relieve sanctioned person, or on persons performing erty of the foreign person if such property human suffering and the loans or credits are similar functions and with similar authori- and interests in property are in the United provided for such activities. ties as such officer or officers, any of the States, come within the United States, or (4) LOANS FROM INTERNATIONAL FINANCIAL sanctions under this subsection. are or come within the possession or control INSTITUTIONS.—The President may direct the (b) SANCTIONED PERSON DEFINED.—In this of a United States person. United States executive director to each section, the term ‘‘sanctioned person’’ means (2) ALIENS INELIGIBLE FOR VISAS, ADMISSION, international financial institution to use the a person subject to sanctions under section OR PAROLE.— voice and vote of the United States to oppose 224(a)(2), 231(b), 232(a), or 233(a).

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.013 H25JYPT1 H6252 CONGRESSIONAL RECORD — HOUSE July 25, 2017 SEC. 236. EXCEPTIONS, WAIVER, AND TERMI- acquiring components referred to in such SEC. 242. REPORT ON EFFECTS OF EXPANDING NATION. section 1608. SANCTIONS TO INCLUDE SOVEREIGN DEBT AND DERIVATIVE PRODUCTS. (a) EXCEPTIONS.—The provisions of this PART 3—REPORTS part and amendments made by this part (a) IN GENERAL.—Not later than 180 days shall not apply with respect to the following: SEC. 241. REPORT ON OLIGARCHS AND after the date of the enactment of this Act, PARASTATAL ENTITIES OF THE RUS- the Secretary of the Treasury, in consulta- (1) Activities subject to the reporting re- SIAN FEDERATION. tion with the Director of National Intel- quirements under title V of the National Se- (a) IN GENERAL.—Not later than 180 days curity Act of 1947 (50 U.S.C. 3091 et seq.), or after the date of the enactment of this Act, ligence and the Secretary of State, shall sub- any authorized intelligence activities of the the Secretary of the Treasury, in consulta- mit to the appropriate congressional com- United States. tion with the Director of National Intel- mittees a report describing in detail the po- (2) The admission of an alien to the United ligence and the Secretary of State, shall sub- tential effects of expanding sanctions under States if such admission is necessary to com- mit to the appropriate congressional com- Directive 1 (as amended), dated September ply with United States obligations under the mittees a detailed report on the following: 12, 2014, issued by the Office of Foreign As- Agreement between the United Nations and (1) Senior foreign political figures and sets Control under Executive Order 13662 (79 the United States of America regarding the oligarchs in the Russian Federation, includ- Fed. Reg. 16169; relating to blocking property Headquarters of the United Nations, signed ing the following: of additional persons contributing to the sit- at Lake Success June 26, 1947, and entered (A) An identification of the most signifi- uation in Ukraine), or any successor direc- into force November 21, 1947, under the Con- cant senior foreign political figures and tive, to include sovereign debt and the full vention on Consular Relations, done at Vi- oligarchs in the Russian Federation, as de- range of derivative products. enna April 24, 1963, and entered into force termined by their closeness to the Russian (b) FORM OF REPORT.—The report required March 19, 1967, or under other international regime and their net worth. under subsection (a) shall be submitted in an agreements. (B) An assessment of the relationship be- unclassified form, but may contain a classi- (b) WAIVER OF SANCTIONS THAT ARE IM- tween individuals identified under subpara- fied annex. POSED.—Subject to section 216, if the Presi- graph (A) and President Vladimir Putin or (c) APPROPRIATE CONGRESSIONAL COMMIT- dent imposes sanctions with respect to a per- other members of the Russian ruling elite. TEES DEFINED.—In this section, the term son under this part or the amendments made (C) An identification of any indices of cor- ‘‘appropriate congressional committees’’ by this part, the President may waive the ruption with respect to those individuals. means— application of those sanctions if the Presi- (D) The estimated net worth and known (1) the Committee on Banking, Housing, dent determines that such a waiver is in the sources of income of those individuals and and Urban Affairs, the Committee on For- national security interest of the United their family members (including spouses, eign Relations, and the Committee on Fi- States. children, parents, and siblings), including as- nance of the Senate; and (c) TERMINATION.—Subject to section 216, sets, investments, other business interests, (2) the Committee on Foreign Affairs, the the President may terminate the application Committee on Financial Services, and the of sanctions under section 224, 231, 232, 233, or and relevant beneficial ownership informa- tion. Committee on Ways and Means of the House 234 with respect to a person if the President of Representatives. submits to the appropriate congressional (E) An identification of the non-Russian business affiliations of those individuals. SEC. 243. REPORT ON ILLICIT FINANCE RELAT- committees— ING TO THE RUSSIAN FEDERATION. (1) a notice of and justification for the ter- (2) Russian parastatal entities, including (a) IN GENERAL.—Not later than one year mination; and an assessment of the following: (A) The emergence of Russian parastatal after the date of the enactment of this Act, (2) a notice that— and not later than the end of each one-year (A) the person is not engaging in the activ- entities and their role in the economy of the Russian Federation. period thereafter until 2021, the Secretary of ity that was the basis for the sanctions or the Treasury shall submit to the appropriate has taken significant verifiable steps toward (B) The leadership structures and bene- congressional committees a report describ- stopping the activity; and ficial ownership of those entities. ing interagency efforts in the United States (B) the President has received reliable as- (C) The scope of the non-Russian business to combat illicit finance relating to the Rus- surances that the person will not knowingly affiliations of those entities. sian Federation. engage in activity subject to sanctions under (3) The exposure of key economic sectors of (b) ELEMENTS.—The report required by sub- this part in the future. the United States to Russian politically ex- posed persons and parastatal entities, includ- section (a) shall contain a summary of ef- SEC. 237. EXCEPTION RELATING TO ACTIVITIES ing, at a minimum, the banking, securities, forts by the United States to do the fol- OF THE NATIONAL AERONAUTICS lowing: AND SPACE ADMINISTRATION. insurance, and real estate sectors. (1) Identify, investigate, map, and disrupt (a) IN GENERAL.—This Act and the amend- (4) The likely effects of imposing debt and ments made by this Act shall not apply with equity restrictions on Russian parastatal en- illicit financial flows linked to the Russian respect to activities of the National Aero- tities, as well as the anticipated effects of Federation if such flows affect the United nautics and Space Administration. adding Russian parastatal entities to the list States financial system or those of major al- (b) RULE OF CONSTRUCTION.—Nothing in of specially designated nationals and blocked lies of the United States. this Act or the amendments made by this persons maintained by the Office of Foreign (2) Conduct outreach to the private sector, Act shall be construed to authorize the im- Assets Control of the Department of the including information sharing efforts to position of any sanction or other condition, Treasury. strengthen compliance efforts by entities, limitation, restriction, or prohibition, that (5) The potential impacts of imposing sec- including financial institutions, to prevent directly or indirectly impedes the supply by ondary sanctions with respect to Russian illicit financial flows described in paragraph any entity of the Russian Federation of any oligarchs, Russian state-owned enterprises, (1). product or service, or the procurement of and Russian parastatal entities, including (3) Engage and coordinate with allied such product or service by any contractor or impacts on the entities themselves and on international partners on illicit finance, es- subcontractor of the United States or any the economy of the Russian Federation, as pecially in Europe, to coordinate efforts to other entity, relating to or in connection well as on the economies of the United uncover and prosecute the networks respon- with any space launch conducted for— States and allies of the United States. sible for illicit financial flows described in (1) the National Aeronautics and Space Ad- (b) FORM OF REPORT.—The report required paragraph (1), including examples of that en- ministration; or under subsection (a) shall be submitted in an gagement and coordination. (2) any other non-Department of Defense unclassified form, but may contain a classi- (4) Identify foreign sanctions evaders and customer. fied annex. loopholes within the sanctions regimes of SEC. 238. RULE OF CONSTRUCTION. (c) DEFINITIONS.—In this section: foreign partners of the United States. Nothing in this part or the amendments (1) APPROPRIATE CONGRESSIONAL COMMIT- (5) Expand the number of real estate geo- made by this part shall be construed— TEES.—The term ‘‘appropriate congressional graphic targeting orders or other regulatory (1) to supersede the limitations or excep- committees’’ means— actions, as appropriate, to degrade illicit fi- tions on the use of rocket engines for na- (A) the Committee on Banking, Housing, nancial activity relating to the Russian Fed- tional security purposes under section 1608 of and Urban Affairs, the Committee on For- eration in relation to the financial system of the Carl Levin and Howard P. ‘‘Buck’’ eign Relations, and the Committee on Fi- the United States. McKeon National Defense Authorization Act nance of the Senate; and (6) Provide support to counter those in- for Fiscal Year 2015 (Public Law 113–291; 128 (B) the Committee on Foreign Affairs, the volved in illicit finance relating to the Rus- Stat. 3626; 10 U.S.C. 2271 note), as amended Committee on Financial Services, and the sian Federation across all appropriate law by section 1607 of the National Defense Au- Committee on Ways and Means of the House enforcement, intelligence, regulatory, and fi- thorization Act for Fiscal Year 2016 (Public of Representatives. nancial authorities of the Federal Govern- Law 114–92; 129 Stat. 1100) and section 1602 of (2) SENIOR FOREIGN POLITICAL FIGURE.—The ment, including by imposing sanctions with the National Defense Authorization Act for term ‘‘senior foreign political figure’’ has respect to or prosecuting those involved. Fiscal Year 2017 (Public Law 114–328; 130 the meaning given that term in section (7) In the case of the Department of the Stat. 2582); or 1010.605 of title 31, Code of Federal Regula- Treasury and the Department of Justice, in- (2) to prohibit a contractor or subcon- tions (or any corresponding similar regula- vestigate or otherwise develop major cases, tractor of the Department of Defense from tion or ruling). including a description of those cases.

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(c) BRIEFING.—After submitting a report Georgia, which requires the withdrawal of should work with the individual countries of under this section, the Secretary of the Russian Federation troops, free access by hu- Europe and Eurasia— Treasury shall provide briefings to the ap- manitarian groups to the regions of South (A) to identify vulnerabilities to aggres- propriate congressional committees with re- Ossetia and Abkhazia, and monitoring of the sion, disinformation, corruption, and so- spect to that report. conflict areas by the European Union Moni- called hybrid warfare by the Government of (d) COORDINATION.—The Secretary of the toring Mission. the Russian Federation; Treasury shall coordinate with the Attorney (5) The Government of the Russian Federa- (B) to establish strategic and technical General, the Director of National Intel- tion is failing to comply with the terms of plans for addressing those vulnerabilities; ligence, the Secretary of Homeland Security, the Minsk Agreement to address the ongoing (C) to ensure that the financial systems of and the Secretary of State in preparing each conflict in eastern Ukraine, signed in Minsk, those countries are not being used to shield report under this section. Belarus, on February 11, 2015, by the leaders illicit financial activity by officials of the (e) FORM.—Each report submitted under of Ukraine, Russia, France, and Germany, as Government of the Russian Federation or in- this section shall be submitted in unclassi- well as the Minsk Protocol, which was dividuals in President Vladimir Putin’s inner fied form, but may contain a classified agreed to on September 5, 2014. circle who have been enriched through cor- annex. (6) The Government of the Russian Federa- ruption; (f) DEFINITIONS.—In this section: tion is— (D) to investigate and prosecute cases of (1) APPROPRIATE CONGRESSIONAL COMMIT- (A) in violation of the Treaty between the corruption by Russian actors; and TEES.—The term ‘‘appropriate congressional United States of America and the Union of (E) to work toward full compliance with committees’’ means— Soviet Socialist Republics on the Elimi- the Convention on Combating Bribery of (A) the Committee on Banking, Housing, nation of their Intermediate-Range and Foreign Public Officials in International and Urban Affairs, the Committee on For- Shorter-Range Missiles, signed at Wash- Business Transactions (commonly referred eign Relations, and the Committee on Fi- ington December 8, 1987, and entered into to as the ‘‘Anti-Bribery Convention’’) of the nance of the Senate; and force June 1, 1988 (commonly known as the Organization for Economic Co-operation and (B) the Committee on Foreign Affairs, the ‘‘INF Treaty’’); and Development; and Committee on Financial Services, and the (B) failing to meet its obligations under (10) the President of the United States Committee on Ways and Means of the House the Treaty on Open Skies, done at Helsinki should use the authority of the President to of Representatives. March 24, 1992, and entered into force Janu- impose sanctions under— (2) ILLICIT FINANCE.—The term ‘‘illicit fi- ary 1, 2002 (commonly known as the ‘‘Open (A) the Sergei Magnitsky Rule of Law Ac- nance’’ means the financing of terrorism, Skies Treaty’’). countability Act of 2012 (title IV of Public narcotics trafficking, or proliferation, SEC. 252. SENSE OF CONGRESS. Law 112–208; 22 U.S.C. 5811 note); and money laundering, or other forms of illicit It is the sense of Congress that— (B) the Global Magnitsky Human Rights financing domestically or internationally, as (1) the Government of the Russian Federa- Accountability Act (subtitle F of title XII of defined by the President. tion bears responsibility for the continuing Public Law 114–328; 22 U.S.C. 2656 note). Subtitle B—Countering Russian Influence in violence in Eastern Ukraine, including the SEC. 253. STATEMENT OF POLICY. Europe and Eurasia death on April 24, 2017, of Joseph Stone, a The United States, consistent with the SEC. 251. FINDINGS. citizen of the United States working as a principle of ex injuria jus non oritur, sup- Congress makes the following findings: monitor for the Organization for Security ports the policy known as the ‘‘Stimson Doc- (1) The Government of the Russian Federa- and Co-operation in Europe; trine’’ and thus does not recognize terri- tion has sought to exert influence through- (2) the President should call on the Gov- torial changes effected by force, including out Europe and Eurasia, including in the ernment of the Russian Federation— the illegal invasions and occupations of former states of the Soviet Union, by pro- (A) to withdraw all of its forces from the Abkhazia, South Ossetia, Crimea, Eastern viding resources to political parties, think territories of Georgia, Ukraine, and Moldova; Ukraine, and Transnistria. tanks, and civil society groups that sow dis- (B) to return control of the borders of trust in democratic institutions and actors, those territories to their respective govern- SEC. 254. COORDINATING AID AND ASSISTANCE promote xenophobic and illiberal views, and ments; and ACROSS EUROPE AND EURASIA. otherwise undermine European unity. The (C) to cease all efforts to undermine the (a) AUTHORIZATION OF APPROPRIATIONS.— Government of the Russian Federation has popularly elected governments of those There are authorized to be appropriated for also engaged in well-documented corruption countries; the Countering Russian Influence Fund practices as a means toward undermining (3) the Government of the Russian Federa- $250,000,000 for fiscal years 2018 and 2019. and buying influence in European and Eur- tion has applied, and continues to apply, to (b) USE OF FUNDS.—Amounts in the Coun- asian countries. the countries and peoples of Georgia and tering Russian Influence Fund shall be used (2) The Government of the Russian Federa- Ukraine, traditional uses of force, intel- to effectively implement, prioritized in the tion has largely eliminated a once-vibrant ligence operations, and influence campaigns, following order and subject to the avail- Russian-language independent media sector which represent clear and present threats to ability of funds, the following goals: and severely curtails free and independent the countries of Europe and Eurasia; (1) To assist in protecting critical infra- media within the borders of the Russian Fed- (4) in response, the countries of Europe and structure and electoral mechanisms from eration. Russian-language media organiza- Eurasia should redouble efforts to build re- cyberattacks in the following countries: tions that are funded and controlled by the silience within their institutions, political (A) Countries that are members of the Government of the Russian Federation and systems, and civil societies; North Atlantic Treaty Organization or the disseminate information within and outside (5) the United States supports the institu- European Union that the Secretary of State of the Russian Federation routinely traffic tions that the Government of the Russian determines— in anti-Western disinformation, while few Federation seeks to undermine, including (i) are vulnerable to influence by the Rus- independent, fact-based media sources pro- the North Atlantic Treaty Organization and sian Federation; and vide objective reporting for Russian-speak- the European Union; (ii) lack the economic capability to effec- ing audiences inside or outside of the Rus- (6) a strong North Atlantic Treaty Organi- tively respond to aggression by the Russian sian Federation. zation is critical to maintaining peace and Federation without the support of the (3) The Government of the Russian Federa- security in Europe and Eurasia; United States. tion continues to violate its commitments (7) the United States should continue to (B) Countries that are participating in the under the Memorandum on Security Assur- work with the European Union as a partner enlargement process of the North Atlantic ances in connection with Ukraine’s Acces- against aggression by the Government of the Treaty Organization or the European Union, sion to the Treaty on the Non-Proliferation Russian Federation, coordinating aid pro- including Albania, Bosnia and Herzegovina, of Nuclear Weapons, done at Budapest De- grams, development assistance, and other Georgia, Macedonia, Moldova, Kosovo, Ser- cember 5, 1994, and the Conference on Secu- counter-Russian efforts; bia, and Ukraine. rity and Co-operation in Europe Final Act, (8) the United States should encourage the (2) To combat corruption, improve the rule concluded at Helsinki August 1, 1975 (com- establishment of a commission for media of law, and otherwise strengthen inde- monly referred to as the ‘‘Helsinki Final freedom within the Council of Europe, mod- pendent judiciaries and prosecutors general Act’’), which laid the ground-work for the es- eled on the Venice Commission regarding offices in the countries described in para- tablishment of the Organization for Security rule of law issues, that would be chartered to graph (1). and Co-operation in Europe, of which the provide governments with expert rec- (3) To respond to the humanitarian crises Russian Federation is a member, by its ille- ommendations on maintaining legal and reg- and instability caused or aggravated by the gal annexation of Crimea in 2014, its illegal ulatory regimes supportive of free and inde- invasions and occupations of Georgia and occupation of South Ossetia and Abkhazia in pendent media and an informed citizenry Ukraine by the Russian Federation. Georgia in 2008, and its ongoing destabilizing able to distinguish between fact-based re- (4) To improve participatory legislative activities in eastern Ukraine. porting, opinion, and disinformation; processes and legal education, political (4) The Government of the Russian Federa- (9) in addition to working to strengthen transparency and competition, and compli- tion continues to ignore the terms of the Au- the North Atlantic Treaty Organization and ance with international obligations in the gust 2008 ceasefire agreement relating to the European Union, the United States countries described in paragraph (1).

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(5) To build the capacity of civil society, subsection (b), the Secretary of State shall (c) DEFINITIONS.—In this section: media, and other nongovernmental organiza- ensure coordination with— (1) APPROPRIATE CONGRESSIONAL COMMIT- tions countering the influence and propa- (A) the European Union and its institu- TEES AND LEADERSHIP.—The term ‘‘appro- ganda of the Russian Federation to combat tions; priate congressional committees and leader- corruption, prioritize access to truthful in- (B) the governments of countries that are ship’’ means— formation, and operate freely in all regions members of the North Atlantic Treaty Orga- (A) the Committee on Foreign Relations, in the countries described in paragraph (1). nization or the European Union; and the Committee on Banking, Housing, and (6) To assist the Secretary of State in exe- (C) international organizations and quasi- Urban Affairs, the Committee on Armed cuting the functions specified in section governmental funding entities that carry out Services, the Committee on Homeland Secu- 1287(b) of the National Defense Authorization programs and activities that seek to accom- rity and Governmental Affairs, the Com- Act for Fiscal Year 2017 (Public Law 114–328; plish the goals described in subsection (b). mittee on Appropriations, the Select Com- 22 U.S.C. 2656 note) for the purposes of recog- (2) REPORT BY SECRETARY OF STATE.—Not mittee on Intelligence, and the majority and nizing, understanding, exposing, and coun- later than April 1 of each year, the Secretary minority leaders of the Senate; and tering propaganda and disinformation efforts of State shall submit to the appropriate con- (B) the Committee on Foreign Affairs, the by foreign governments, in coordination gressional committees a report that in- Committee on Financial Services, the Com- with the relevant regional Assistant Sec- cludes— mittee on Armed Services, the Committee on retary or Assistant Secretaries of the De- (A) the amount of funding provided to each Homeland Security, the Committee on Ap- partment of State. country referred to in subsection (b) by— propriations, the Permanent Select Com- (c) REVISION OF ACTIVITIES FOR WHICH (i) the European Union or its institutions; mittee on Intelligence, and the Speaker, the AMOUNTS MAY BE USED.—The Secretary of (ii) the government of each country that is majority leader, and the minority leader of State may modify the goals described in sub- a member of the European Union or the the House of Representatives. section (b) if, not later than 15 days before North Atlantic Treaty Organization; and (2) RUSSIAN PERSON.—The term ‘‘Russian revising such a goal, the Secretary notifies (iii) international organizations and quasi- person’’ means— the appropriate congressional committees of governmental funding entities that carry out (A) an individual who is a citizen or na- the revision. programs and activities that seek to accom- tional of the Russian Federation; or (d) IMPLEMENTATION.— plish the goals described in subsection (b); (B) an entity organized under the laws of (1) IN GENERAL.—The Secretary of State and the Russian Federation or otherwise subject shall, acting through the Coordinator of (B) an assessment of whether the funding to the jurisdiction of the Government of the United States Assistance to Europe and Eur- described in subparagraph (A) is commensu- Russian Federation. asia (authorized pursuant to section 601 of rate with funding provided by the United SEC. 257. UKRANIAN ENERGY SECURITY. the Support for East European Democracy States for those goals. (a) STATEMENT OF POLICY.—It is the policy (SEED) Act of 1989 (22 U.S.C. 5461) and sec- (f) RULE OF CONSTRUCTION.—Nothing in this of the United States— tion 102 of the Freedom for Russia and section shall be construed to apply to or (1) to support the Government of Ukraine Emerging Eurasian Democracies and Open limit United States foreign assistance not in restoring its sovereign and territorial in- Markets Support Act of 1992 (22 U.S.C. 5812)), provided using amounts available in the tegrity; Countering Russian Influence Fund. and in consultation with the Administrator (2) to condemn and oppose all of the desta- (g) ENSURING ADEQUATE STAFFING FOR GOV- for the United States Agency for Inter- bilizing efforts by the Government of the ERNANCE ACTIVITIES.—In order to ensure that national Development, the Director of the the United States Government is properly fo- Russian Federation in Ukraine in violation Global Engagement Center of the Depart- cused on combating corruption, improving of its obligations and international commit- ment of State, the Secretary of Defense, the rule of law, and building the capacity of civil ments; Chairman of the Broadcasting Board of Gov- society, media, and other nongovernmental (3) to never recognize the illegal annex- ernors, and the heads of other relevant Fed- organizations in countries described in sub- ation of Crimea by the Government of the eral agencies, coordinate and carry out ac- section (b)(1), the Secretary of State shall Russian Federation or the separation of any tivities to achieve the goals described in sub- establish a pilot program for Foreign Service portion of Ukrainian territory through the section (b). officer positions focused on governance and use of military force; (2) METHOD.—Activities to achieve the anticorruption activities in such countries. (4) to deter the Government of the Russian goals described in subsection (b) shall be car- SEC. 255. REPORT ON MEDIA ORGANIZATIONS Federation from further destabilizing and in- ried out through— CONTROLLED AND FUNDED BY THE vading Ukraine and other independent coun- (A) initiatives of the United States Gov- GOVERNMENT OF THE RUSSIAN tries in Central and Eastern Europe and the ernment; FEDERATION. Caucuses; (B) Federal grant programs such as the In- (a) IN GENERAL.—Not later than 90 days (5) to assist in promoting reform in regu- formation Access Fund; or after the date of the enactment of this Act, latory oversight and operations in Ukraine’s (C) nongovernmental or international or- and annually thereafter, the President shall energy sector, including the establishment ganizations, such as the Organization for Se- submit to the appropriate congressional and empowerment of an independent regu- curity and Co-operation in Europe, the Na- committees a report that includes a descrip- latory organization; tional Endowment for Democracy, the Black tion of media organizations that are con- (6) to encourage and support fair competi- Sea Trust, the Balkan Trust for Democracy, trolled and funded by the Government of the tion, market liberalization, and reliability in the Prague Civil Society Centre, the North Russian Federation, and any affiliated enti- Ukraine’s energy sector; Atlantic Treaty Organization Strategic ties, whether operating within or outside the (7) to help Ukraine and United States allies Communications Centre of Excellence, the Russian Federation, including broadcast and and partners in Europe reduce their depend- European Endowment for Democracy, and satellite-based television, radio, Internet, ence on Russian energy resources, especially related organizations. and print media organizations. natural gas, which the Government of the (b) FORM OF REPORT.—The report required (3) REPORT ON IMPLEMENTATION.— Russian Federation uses as a weapon to co- by subsection (a) shall be submitted in un- (A) IN GENERAL.—Not later than April 1 of erce, intimidate, and influence other coun- classified form but may include a classified each year, the Secretary of State, acting tries; annex. through the Coordinator of United States (8) to work with European Union member Assistance to Europe and Eurasia, shall sub- SEC. 256. REPORT ON RUSSIAN FEDERATION IN- states and European Union institutions to mit to the appropriate congressional com- FLUENCE ON ELECTIONS IN EUROPE AND EURASIA. promote energy security through developing mittees a report on the programs and activi- (a) IN GENERAL.—Not later than 90 days diversified and liberalized energy markets ties carried out to achieve the goals de- after the date of the enactment of this Act, that provide diversified sources, suppliers, scribed in subsection (b) during the pre- and annually thereafter, the President shall and routes; ceding fiscal year. submit to the appropriate congressional (9) to continue to oppose the NordStream 2 (B) ELEMENTS.—Each report required by committees and leadership a report on funds pipeline given its detrimental impacts on the subparagraph (A) shall include, with respect provided by, or funds the use of which was European Union’s energy security, gas mar- to each program or activity described in that directed by, the Government of the Russian ket development in Central and Eastern Eu- subparagraph— Federation or any Russian person with the rope, and energy reforms in Ukraine; and (i) the amount of funding for the program intention of influencing the outcome of any (10) that the United States Government or activity; election or campaign in any country in Eu- should prioritize the export of United States (ii) the goal described in subsection (b) to rope or Eurasia during the preceding year, energy resources in order to create American which the program or activity relates; and including through direct support to any po- jobs, help United States allies and partners, (iii) an assessment of whether or not the litical party, candidate, lobbying campaign, and strengthen United States foreign policy. goal was met. nongovernmental organization, or civic or- (b) PLAN TO PROMOTE ENERGY SECURITY IN (e) COORDINATION WITH GLOBAL PART- ganization. UKRAINE.— NERS.— (b) FORM OF REPORT.—Each report required (1) IN GENERAL.—The Secretary of State, in (1) IN GENERAL.—In order to maximize cost by subsection (a) shall be submitted in un- coordination with the Administrator of the efficiency, eliminate duplication, and speed classified form but may include a classified United States Agency for International De- the achievement of the goals described in annex. velopment and the Secretary of Energy,

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.013 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6255 shall work with the Government of Ukraine ‘‘appropriate congressional committees’’ Subtitle C—Combating Terrorism and Illicit to develop a plan to increase energy security means— Financing in Ukraine, increase the amount of energy (i) the Committee on Foreign Relations PART 1—NATIONAL STRATEGY FOR COM- produced in Ukraine, and reduce Ukraine’s and the Committee on Appropriations of the BATING TERRORIST AND OTHER ILLICIT reliance on energy imports from the Russian Senate; and FINANCING Federation. (ii) the Committee on Foreign Affairs and SEC. 261. DEVELOPMENT OF NATIONAL STRAT- (2) ELEMENTS.—The plan developed under the Committee on Appropriations of the EGY. paragraph (1) shall include strategies for House of Representatives. (a) IN GENERAL.—The President, acting market liberalization, effective regulation through the Secretary, shall, in consultation (c) SUPPORTING EFFORTS OF COUNTRIES IN and oversight, supply diversification, energy with the Attorney General, the Secretary of reliability, and energy efficiency, such as EUROPE AND EURASIA TO DECREASE THEIR DE- State, the Secretary of Homeland Security, through supporting— PENDENCE ON RUSSIAN SOURCES OF ENERGY.— the Director of National Intelligence, the Di- (A) the promotion of advanced technology (1) FINDINGS.—Congress makes the fol- rector of the Office of Management and and modern operating practices in Ukraine’s lowing findings: Budget, and the appropriate Federal banking oil and gas sector; (A) The Government of the Russian Fed- agencies and Federal functional regulators, (B) modern geophysical and meteorological eration uses its strong position in the energy develop a national strategy for combating survey work as needed followed by inter- sector as leverage to manipulate the internal the financing of terrorism and related forms national tenders to help attract qualified in- politics and foreign relations of the coun- of illicit finance. vestment into exploration and development tries of Europe and Eurasia. (b) TRANSMITTAL TO CONGRESS.— of areas with untapped resources in Ukraine; (B) This influence is based not only on the (1) IN GENERAL.—Not later than one year (C) a broadening of Ukraine’s electric Russian Federation’s oil and natural gas re- after the date of the enactment of this Act, power transmission interconnection with Eu- sources, but also on its state-owned nuclear the President shall submit to the appro- rope; power and electricity companies. priate congressional committees a com- (D) the strengthening of Ukraine’s capa- prehensive national strategy developed in (2) SENSE OF CONGRESS.—It is the sense of bility to maintain electric power grid sta- Congress that— accordance with subsection (a). bility and reliability; (2) UPDATES.—Not later than January 31, (A) the United States should assist the ef- (E) independent regulatory oversight and 2020, and January 31, 2022, the President shall forts of the countries of Europe and Eurasia operations of Ukraine’s gas market and elec- submit to the appropriate congressional to enhance their energy security through di- tricity sector; committees updated versions of the national (F) the implementation of primary gas law versification of energy supplies in order to strategy submitted under paragraph (1). including pricing, tariff structure, and legal lessen dependencies on Russian Federation (c) SEPARATE PRESENTATION OF CLASSIFIED regulatory implementation; energy resources and state-owned entities; MATERIAL.—Any part of the national strat- (G) privatization of government owned en- and egy that involves information that is prop- ergy companies through credible legal (B) the Export-Import Bank of the United erly classified under criteria established by frameworks and a transparent process com- States and the Overseas Private Investment the President shall be submitted to Congress pliant with international best practices; Corporation should play key roles in sup- separately in a classified annex and, if re- (H) procurement and transport of emer- porting critical energy projects that con- quested by the chairman or ranking member gency fuel supplies, including reverse pipe- tribute to that goal. of one of the appropriate congressional com- line flows from Europe; (3) USE OF COUNTERING RUSSIAN INFLUENCE mittees, as a briefing at an appropriate level (I) provision of technical assistance for cri- FUND TO PROVIDE TECHNICAL ASSISTANCE.— of security. sis planning, crisis response, and public out- Amounts in the Countering Russian Influ- SEC. 262. CONTENTS OF NATIONAL STRATEGY. reach; ence Fund pursuant to section 254 shall be The strategy described in section 261 shall (J) repair of infrastructure to enable the used to provide technical advice to countries contain the following: transport of fuel supplies; described in subsection (b)(1) of such section (1) EVALUATION OF EXISTING EFFORTS.—An (K) repair of power generating or power designed to enhance energy security and assessment of the effectiveness of and ways transmission equipment or facilities; and lessen dependence on energy from Russian in which the United States is currently ad- (L) improved building energy efficiency Federation sources. dressing the highest levels of risk of various and other measures designed to reduce en- forms of illicit finance, including those iden- ergy demand in Ukraine. (d) AUTHORIZATION OF APPROPRIATIONS.— tified in the documents entitled ‘‘2015 Na- (3) REPORTS.— There is authorized to be appropriated for tional Money Laundering Risk Assessment’’ (A) IMPLEMENTATION OF UKRAINE FREEDOM the Department of State a total of $30,000,000 and ‘‘2015 National Terrorist Financing Risk SUPPORT ACT OF 2014 PROVISIONS.—Not later for fiscal years 2018 and 2019 to carry out the Assessment’’, published by the Department than 180 days after the date of the enactment strategies set forth in subsection (b)(2) and of the Treasury and a description of how the of this Act, the Secretary of State shall sub- other activities under this section related to strategy is integrated into, and supports, the mit to the appropriate congressional com- the promotion of energy security in Ukraine. broader counter terrorism strategy of the mittees a report detailing the status of im- United States. plementing the provisions required under (e) RULE OF CONSTRUCTION.—Nothing in (2) GOALS, OBJECTIVES, AND PRIORITIES.—A section 7(c) of the Ukraine Freedom Support this section shall be construed as affecting comprehensive, research-based, long-range, Act of 2014 (22 U.S.C. 8926(c)), including de- the responsibilities required and authorities quantifiable discussion of goals, objectives, tailing the plans required under that section, provided under section 7 of the Ukraine Free- and priorities for disrupting and preventing the level of funding that has been allocated dom Support Act of 2014 (22 U.S.C. 8926). illicit finance activities within and to and expended for the strategies set forth transiting the financial system of the United under that section, and progress that has SEC. 258. TERMINATION. States that outlines priorities to reduce the been made in implementing the strategies The provisions of this subtitle shall termi- incidence, dollar value, and effects of illicit developed pursuant to that section. nate on the date that is 5 years after the finance. (B) IN GENERAL.—Not later than 180 days (3) THREATS.—An identification of the date of the enactment of this Act. after the date of the enactment of this Act, most significant illicit finance threats to the and every 180 days thereafter, the Secretary SEC. 259. APPROPRIATE CONGRESSIONAL COM- financial system of the United States. of State shall submit to the appropriate con- MITTEES DEFINED. (4) REVIEWS AND PROPOSED CHANGES.—Re- gressional committees a report detailing the Except as otherwise provided, in this sub- views of enforcement efforts, relevant regu- plan developed under paragraph (1), the level lations and relevant provisions of law and, if title, the term ‘‘appropriate congressional of funding that has been allocated to and ex- appropriate, discussions of proposed changes pended for the strategies set forth in para- committees’’ means— determined to be appropriate to ensure that graph (2), and progress that has been made in (1) the Committee on Foreign Relations, the United States pursues coordinated and implementing the strategies. the Committee on Banking, Housing, and effective efforts at all levels of government, (C) BRIEFINGS.—The Secretary of State, or Urban Affairs, the Committee on Armed and with international partners of the a designee of the Secretary, shall brief the Services, the Committee on Homeland Secu- United States, in the fight against illicit fi- appropriate congressional committees not rity and Governmental Affairs, the Com- nance. later than 30 days after the submission of mittee on Appropriations, and the Select (5) DETECTION AND PROSECUTION INITIA- each report under subparagraph (B). In addi- Committee on Intelligence of the Senate; TIVES.—A description of efforts to improve, tion, the Department of State shall make and as necessary, detection and prosecution of il- relevant officials available upon request to (2) the Committee on Foreign Affairs, the licit finance, including efforts to ensure brief the appropriate congressional commit- Committee on Financial Services, the Com- that— tees on all available information that relates mittee on Armed Services, the Committee on (A) subject to legal restrictions, all appro- directly or indirectly to Ukraine or energy Homeland Security, the Committee on Ap- priate data collected by the Federal Govern- security in Eastern Europe. propriations, and the Permanent Select ment that is relevant to the efforts described (D) APPROPRIATE CONGRESSIONAL COMMIT- Committee on Intelligence of the House of in this section be available in a timely fash- TEES DEFINED.—In this paragraph, the term Representatives. ion to—

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INCLUSION OF SECRETARY OF THE agencies; and trols aimed at stopping money laundering TREASURY ON THE NATIONAL SECU- (ii) as appropriate and consistent with sec- and the financing of terrorism; and RITY COUNCIL. tion 314 of the International Money Laun- (C) consistent with current legal require- (a) IN GENERAL.—Section 101(c)(1) of the dering Abatement and Financial Anti-Ter- ments regarding confidential supervisory in- National Security Act of 1947 (50 U.S.C. rorism Act of 2001 (31 U.S.C. 5311 note), to fi- formation, the potential impact of allowing 3021(c)(1)) is amended by inserting ‘‘the Sec- nancial institutions to assist the financial money services businesses to share certain retary of the Treasury,’’ before ‘‘and such institutions in efforts to comply with laws State examination information with deposi- other officers’’. aimed at curbing illicit finance; and tory institutions and credit unions, or (b) RULE OF CONSTRUCTION.—The amend- (B) appropriate efforts are undertaken to whether another appropriate mechanism ment made by subsection (a) may not be con- ensure that Federal departments and agen- could be identified to allow a similar ex- strued to authorize the National Security cies charged with reducing and preventing il- change of information to give the depository Council to have a professional staff level licit finance make thorough use of publicly institutions and credit unions a better un- that exceeds the limitation set forth under available data in furtherance of this effort. derstanding of whether an individual money section 101(e)(3) of the National Security Act (6) THE ROLE OF THE PRIVATE FINANCIAL SEC- services business is adequately meeting its of 1947 (50 U.S.C. 3021(e)(3)). TOR IN PREVENTION OF ILLICIT FINANCE.—A anti-money laundering and counter-terror fi- SEC. 275. INCLUSION OF ALL FUNDS. discussion of ways to enhance partnerships nancing obligations to combat money laun- (a) IN GENERAL.—Section 5326 of title 31, between the private financial sector and dering, the financing of terror, or related il- United States Code, is amended— Federal departments and agencies with re- licit finance. (1) in the heading of such section, by strik- gard to the prevention and detection of il- (2) PUBLIC INPUT.—The Secretary should ing ‘‘coin and currency’’; licit finance, including— solicit and consider public input as appro- (2) in subsection (a)— (A) efforts to facilitate compliance with priate in developing the study required under (A) by striking ‘‘subtitle and’’ and insert- laws aimed at stopping such illicit finance subsection (a). ing ‘‘subtitle or to’’; and while maintaining the effectiveness of such (b) REPORT.—Not later than 270 days after (B) in paragraph (1)(A), by striking efforts; and the date of the enactment of this Act, the ‘‘United States coins or currency (or such (B) providing guidance to strengthen inter- Secretary shall submit to the Committee on other monetary instruments as the Sec- Banking, Housing, and Urban Affairs and the nal controls and to adopt on an industry- retary may describe in such order)’’ and in- Committee on Foreign Relations of the Sen- wide basis more effective policies. serting ‘‘funds (as the Secretary may de- ate and the Committee on Financial Services (7) ENHANCEMENT OF INTERGOVERNMENTAL scribe in such order),’’; and and the Committee on Foreign Affairs of the COOPERATION.—A discussion of ways to com- (3) in subsection (b)— House of Representatives a report that con- (A) in paragraph (1)(A), by striking ‘‘coins bat illicit finance by enhancing— tains all findings and determinations made (A) cooperative efforts between and among or currency (or monetary instruments)’’ and in carrying out the study required under sub- inserting ‘‘funds’’; and Federal, State, and local officials, including section (a). State regulators, State and local prosecu- (B) in paragraph (2), by striking ‘‘coins or SEC. 272. SENSE OF CONGRESS ON INTER- currency (or such other monetary instru- tors, and other law enforcement officials; NATIONAL COOPERATION REGARD- and ING TERRORIST FINANCING INTEL- ments as the Secretary may describe in the (B) cooperative efforts with and between LIGENCE. regulation or order)’’ and inserting ‘‘funds governments of countries and with and be- It is the sense of Congress that the Sec- (as the Secretary may describe in the regula- tween multinational institutions with exper- retary, acting through the Under Secretary tion or order)’’. tise in fighting illicit finance, including the for Terrorism and Financial Crimes, should (b) CLERICAL AMENDMENT.—The table of Financial Action Task Force and the intensify work with foreign partners to help contents for chapter 53 of title 31, United Egmont Group of Financial Intelligence the foreign partners develop intelligence States Code, is amended in the item relating Units. analytic capacities, in a financial intel- to section 5326 by striking ‘‘coin and cur- (8) TREND ANALYSIS OF EMERGING ILLICIT FI- ligence unit, finance ministry, or other ap- rency’’. NANCE THREATS.—A discussion of and data re- propriate agency, that are— PART 3—DEFINITIONS garding trends in illicit finance, including (1) commensurate to the threats faced by SEC. 281. DEFINITIONS. evolving forms of value transfer such as so- the foreign partner; and In this subtitle— (2) designed to better integrate intel- called cryptocurrencies, other methods that (1) the term ‘‘appropriate congressional ligence efforts with the anti-money laun- are computer, telecommunications, or Inter- committees’’ means— dering and counter-terrorist financing re- net-based, cyber crime, or any other threats (A) the Committee on Banking, Housing, gimes of the foreign partner. that the Secretary may choose to identify. and Urban Affairs, the Committee on For- (9) BUDGET PRIORITIES.—A multiyear budg- SEC. 273. EXAMINING THE COUNTER-TERROR FI- eign Relations, Committee on Armed Serv- NANCING ROLE OF THE DEPART- et plan that identifies sufficient resources ices, Committee on the Judiciary, Com- needed to successfully execute the full range MENT OF THE TREASURY IN EMBAS- SIES. mittee on Homeland Security and Govern- of missions called for in this section. Not later than 180 days after the date of mental Affairs, and the Select Committee on (10) TECHNOLOGY ENHANCEMENTS.—An anal- the enactment of this Act, the Secretary Intelligence of the Senate; and ysis of current and developing ways to lever- shall submit to the Committee on Banking, (B) the Committee on Financial Services, age technology to improve the effectiveness Housing, and Urban Affairs and the Com- the Committee on Foreign Affairs, the Com- of efforts to stop the financing of terrorism mittee on Foreign Relations of the Senate mittee on Armed Services, the Committee on and other forms of illicit finance, including and the Committee on Financial Services the Judiciary, Committee on Homeland Se- better integration of open-source data. and the Committee on Foreign Affairs of the curity, and the Permanent Select Committee PART 2—ENHANCING ANTITERRORISM House of Representatives a report that con- on Intelligence of the House of Representa- TOOLS OF THE DEPARTMENT OF THE tains— tives; TREASURY (1) a list of the United States embassies in (2) the term ‘‘appropriate Federal banking SEC. 271. IMPROVING ANTITERROR FINANCE which a full-time Department of the Treas- agencies’’ has the meaning given the term in MONITORING OF FUNDS TRANS- ury financial attache´ is stationed and a de- section 3 of the Federal Deposit Insurance FERS. scription of how the interests of the Depart- Act (12 U.S.C. 1813); (a) STUDY.— ment of the Treasury relating to terrorist fi- (3) the term ‘‘Bank Secrecy Act’’ means— (1) IN GENERAL.—To improve the ability of nancing and money laundering are addressed (A) section 21 of the Federal Deposit Insur- the Department of the Treasury to better (via regional attache´s or otherwise) at ance Act (12 U.S.C. 1829b); track cross-border fund transfers and iden- United States embassies where no such (B) chapter 2 of title I of Public Law 91–508 tify potential financing of terrorist or other attache´s are present; (12 U.S.C. 1951 et seq.); and forms of illicit finance, the Secretary shall (2) a list of the United States embassies at (C) subchapter II of chapter 53 of title 31, carry out a study to assess— which the Department of the Treasury has United States Code; (A) the potential efficacy of requiring assigned a technical assistance advisor from (4) the term ‘‘Federal functional regu- banking regulators to establish a pilot pro- the Office of Technical Assistance of the De- lator’’ has the meaning given that term in gram to provide technical assistance to de- partment of the Treasury; section 509 of the Gramm-Leach-Bliley Act pository institutions and credit unions that (3) an overview of how Department of the (15 U.S.C. 6809); wish to provide account services to money Treasury financial attache´s and technical as- (5) the term ‘‘illicit finance’’ means the fi- services businesses serving individuals in So- sistance advisors assist in efforts to counter nancing of terrorism, narcotics trafficking, malia; illicit finance, to include money laundering, or proliferation, money laundering, or other (B) whether such a pilot program could be terrorist financing, and proliferation financ- forms of illicit financing domestically or a model for improving the ability of United ing; and internationally, as defined by the President; States persons to make legitimate funds (4) an overview of patterns, trends, or (6) the term ‘‘money services business’’ has transfers through transparent and easily other issues identified by the Department of the meaning given the term under section monitored channels while preserving strict the Treasury and whether resources are suf- 1010.100 of title 31, Code of Federal Regula- compliance with the Bank Secrecy Act (Pub- ficient to address these issues. tions;

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(7) the term ‘‘Secretary’’ means the Sec- TITLE III—SANCTIONS WITH RESPECT TO STATES PERSON.—The terms ‘‘appropriate retary of the Treasury; and NORTH KOREA congressional committees’’, ‘‘Government of (8) the term ‘‘State’’ means each of the SEC. 301. SHORT TITLE. North Korea’’, and ‘‘United States person’’ several States, the District of Columbia, and This title may be cited as the ‘‘Korean have the meanings given those terms, respec- each territory or possession of the United Interdiction and Modernization of Sanctions tively, in section 3 of the North Korea Sanc- States. Act’’. tions and Policy Enhancement Act of 2016 (22 SEC. 302. DEFINITIONS. U.S.C. 9202). Subtitle D—Rule of Construction (a) AMENDMENTS TO DEFINITIONS IN THE (3) FOREIGN PERSON; NORTH KOREAN PER- SON.—The terms ‘‘foreign person’’ and SEC. 291. RULE OF CONSTRUCTION. NORTH KOREA SANCTIONS AND POLICY EN- HANCEMENT ACT OF 2016.— ‘‘North Korean person’’ have the meanings Nothing in this title or the amendments (1) APPLICABLE EXECUTIVE ORDER.—Section given those terms, respectively, in paragraph made by this title (other than sections 216 3(1)(A) of the North Korea Sanctions and (5) and paragraph (13) of section 3 of the and 236(b)) shall be construed to limit the au- Policy Enhancement Act of 2016 (22 U.S.C. North Korea Sanctions and Policy Enhance- thority of the President under the Inter- 9202(1)(A)) is amended— ment Act of 2016 (22 U.S.C. 9202(5) and 9202(13)), as added by subsection (a). national Emergency Economic Powers Act (A) by striking ‘‘or Executive Order 13694’’ (4) PROHIBITED WEAPONS PROGRAM.—The (50 U.S.C. 1701 et seq.). and inserting ‘‘Executive Order No. 13694’’; and term ‘‘prohibited weapons program’’ means— SEC. 292. SENSE OF CONGRESS ON THE STRA- (B) by inserting ‘‘or Executive Order No. (A) any program related to the develop- TEGIC IMPORTANCE OF ARTICLE 5 13722 (50 U.S.C. 1701 note; relating to block- ment of nuclear, chemical, or biological OF THE NORTH ATLANTIC TREATY. ing the property of the Government of North weapons, and their means of delivery, includ- ing ballistic missiles; and (a) FINDINGS.—Congress makes the fol- Korea and the Workers’ Party of Korea, and (B) any program to develop related mate- lowing findings: Prohibiting Certain Transactions With Re- spect to North Korea),’’ before ‘‘to the ex- rials with respect to a program described in (1) The principle of collective defense of subparagraph (A). the North Atlantic Treaty Organization tent’’. PPLICABLE UNITED NATIONS SECURITY Subtitle A—Sanctions to Enforce and Imple- (NATO) is immortalized in Article 5 of the (2) A COUNCIL RESOLUTION.—Section 3(2)(A) of the ment United Nations Security Council North Atlantic Treaty in which members North Korea Sanctions and Policy Enhance- Sanctions Against North Korea pledge that ‘‘an armed attack against one or ment Act of 2016 (22 U.S.C. 9202(2)(A)) is more of them in Europe or North America SEC. 311. MODIFICATION AND EXPANSION OF RE- amended by striking ‘‘or 2094 (2013)’’ and in- QUIREMENTS FOR THE DESIGNA- shall be considered an attack against them serting ‘‘2094 (2013), 2270 (2016), or 2321 (2016)’’. TION OF PERSONS. all’’. (3) FOREIGN PERSON.—Section 3 of the (a) EXPANSION OF MANDATORY DESIGNA- (2) For almost 7 decades, the principle of North Korea Sanctions and Policy Enhance- TIONS.—Section 104(a) of the North Korea collective defense has effectively served as a ment Act of 2016 (22 U.S.C. 9202) is amended— Sanctions and Policy Enhancement Act of strategic deterrent for the member nations (A) by redesignating paragraphs (5) 2016 (22 U.S.C. 9214(a)) is amended— of the North Atlantic Treaty Organization through (14) as paragraphs (6) through (15), (1) in paragraph (9), by striking ‘‘; or’’ and and provided stability throughout the world, respectively; and inserting ‘‘or any defense article or defense strengthening the security of the United (B) by inserting after paragraph (4) the fol- service (as such terms are defined in section States and all 28 other member nations. lowing new paragraph: 47 of the Arms Export Control Act (22 U.S.C. (3) Following the September 11, 2001, ter- ‘‘(5) FOREIGN PERSON.—The term ‘foreign 2794));’’; rorist attacks in New York, Washington, and person’ means— (2) by redesignating paragraph (10) as para- Pennsylvania, the Alliance agreed to invoke ‘‘(A) an individual who is not a United graph (15); Article 5 for the first time, affirming its States citizen or an alien lawfully admitted (3) by inserting after paragraph (9) the fol- commitment to collective defense. for permanent residence to the United lowing new paragraphs: (4) Countries that are members of the States; or ‘‘(10) knowingly, directly or indirectly, North Atlantic Treaty Organization have ‘‘(B) an entity that is not a United States purchases or otherwise acquires from North made historic contributions and sacrifices person.’’. Korea any significant amounts of gold, tita- while combating terrorism in Afghanistan (4) LUXURY GOODS.—Paragraph (9) of sec- nium ore, vanadium ore, copper, silver, nick- through the International Security Assist- tion 3 of the North Korea Sanctions and Pol- el, zinc, or rare earth minerals; ance Force and the Resolute Support Mis- icy Enhancement Act of 2016 (22 U.S.C. 9202), ‘‘(11) knowingly, directly or indirectly, sion. as redesignated by paragraph (3) of this sub- sells or transfers to North Korea any signifi- (5) The recent attacks in the United King- section, is amended— cant amounts of rocket, aviation, or jet fuel dom underscore the importance of an inter- (A) in subparagraph (A), by striking ‘‘and’’ (except for use by a civilian passenger air- national alliance to combat hostile nation at the end; craft outside North Korea, exclusively for states and terrorist groups. (B) in subparagraph (B), by striking the pe- consumption during its flight to North Korea (6) At the 2014 NATO summit in Wales, the riod at the end and inserting ‘‘; and’’; and or its return flight); member countries of the North Atlantic (C) by adding at the end the following new ‘‘(12) knowingly, directly or indirectly, Treaty Organization decided that all coun- subparagraph: provides significant amounts of fuel or sup- tries that are members of NATO would spend ‘‘(C) also includes any items so designated plies, provides bunkering services, or facili- an amount equal to 2 percent of their gross under an applicable United Nations Security tates a significant transaction or trans- domestic product on defense by 2024. Council resolution.’’. actions to operate or maintain, a vessel or (7) Collective defense unites the 29 mem- (5) NORTH KOREAN PERSON.—Section 3 of the aircraft that is designated under an applica- bers of the North Atlantic Treaty Organiza- North Korea Sanctions and Policy Enhance- ble Executive order or an applicable United tion, each committing to protecting and sup- ment Act of 2016 (22 U.S.C. 9202), as amended Nations Security Council resolution, or that porting one another from external adver- by paragraph (3) of this subsection, is further is owned or controlled by a person des- saries, which bolsters the North Atlantic Al- amended— ignated under an applicable Executive order liance. (A) by redesignating paragraphs (13) or applicable United Nations Security Coun- through (15) as paragraphs (14) through (16), cil resolution; (b) SENSE OF CONGRESS.—It is the sense of respectively; and ‘‘(13) knowingly, directly or indirectly, in- Congress— (B) by inserting after paragraph (12) the sures, registers, facilitates the registration (1) to express the vital importance of Arti- following new paragraph: of, or maintains insurance or a registration cle 5 of the North Atlantic Treaty, the char- ‘‘(13) NORTH KOREAN PERSON.—The term for, a vessel owned or controlled by the Gov- ter of the North Atlantic Treaty Organiza- ‘North Korean person’ means— ernment of North Korea, except as specifi- tion, as it continues to serve as a critical de- ‘‘(A) a North Korean citizen or national; or cally approved by the United Nations Secu- terrent to potential hostile nations and ter- ‘‘(B) an entity owned or controlled by the rity Council; rorist organizations; Government of North Korea or by a North ‘‘(14) knowingly, directly or indirectly, (2) to remember the first and only invoca- Korean citizen or national.’’. maintains a correspondent account (as de- tion of Article 5 by the North Atlantic Trea- (b) DEFINITIONS FOR PURPOSES OF THIS fined in section 201A(d)(1)) with any North ty Organization in support of the United ACT.—In this title: Korean financial institution, except as spe- States after the terrorist attacks of Sep- (1) APPLICABLE UNITED NATIONS SECURITY cifically approved by the United Nations Se- tember 11, 2001; COUNCIL RESOLUTION; LUXURY GOODS.—The curity Council; or’’; and (3) to affirm that the United States re- terms ‘‘applicable United Nations Security (4) in paragraph (15), as so redesignated, by mains fully committed to the North Atlantic Council resolution’’ and ‘‘luxury goods’’ have striking ‘‘(9)’’ and inserting ‘‘(14)’’. Treaty Organization and will honor its obli- the meanings given those terms, respec- (b) EXPANSION OF ADDITIONAL DISCRE- gations enshrined in Article 5; and tively, in section 3 of the North Korea Sanc- TIONARY DESIGNATIONS.— (4) to condemn any threat to the sov- tions and Policy Enhancement Act of 2016 (22 (1) IN GENERAL.—Section 104(b)(1) of the ereignty, territorial integrity, freedom, or U.S.C. 9202), as amended by subsection (a). North Korea Sanctions and Policy Enhance- democracy of any country that is a member (2) APPROPRIATE CONGRESSIONAL COMMIT- ment Act of 2016 (22 U.S.C. 9214(b)(1)) is of the North Atlantic Treaty Organization. TEES; GOVERNMENT OF NORTH KOREA; UNITED amended—

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(A) in subparagraph (A), by striking ‘‘pur- (c) MANDATORY AND DISCRETIONARY ASSET ‘‘(b) EXCEPTION.—A United States financial suant to an applicable United Nations Secu- BLOCKING.—Section 104(c) of the North Korea institution is authorized to process transfers rity Council resolution;’’ and inserting the Sanctions and Policy Enhancement Act of of funds to or from North Korea, or for the following: ‘‘pursuant to— 2016 (22 U.S.C. 9214(c)) is amended— direct or indirect benefit of any person, for- ‘‘(i) an applicable United Nations Security (1) by striking ‘‘of a designated person’’ eign government, or financial institution Council resolution; and inserting ‘‘of a person designated under that is designated under section 104, only if ‘‘(ii) any regulation promulgated under subsection (a)’’; the transfer— section 404; or (2) by striking ‘‘The President’’ and insert- ‘‘(1) arises from, and is ordinarily incident ‘‘(iii) any applicable Executive order;’’; ing the following: and necessary to give effect to, an under- (B) in subparagraph (B)(iii), by striking ‘‘(1) MANDATORY ASSET BLOCKING.—The lying transaction that has been authorized ‘‘or’’ at the end; President’’; and by a specific or general license issued by the (C) in subparagraph (C), by striking the pe- (3) by adding at the end the following new Secretary of the Treasury; and riod at the end and inserting a semicolon; paragraph: ‘‘(2) does not involve debiting or crediting and ‘‘(2) DISCRETIONARY ASSET BLOCKING.—The a North Korean account. (D) by adding at the end the following new President may also exercise such powers, in ‘‘(c) DEFINITIONS.—In this section: subparagraphs: the same manner and to the same extent de- ‘‘(1) CORRESPONDENT ACCOUNT.—The term ‘‘(D) knowingly, directly or indirectly, pur- scribed in paragraph (1), with respect to a ‘correspondent account’ has the meaning chased or otherwise acquired from the Gov- person designated under subsection (b).’’. given that term in section 5318A of title 31, ernment of North Korea significant quan- (d) DESIGNATION OF ADDITIONAL PERSONS.— United States Code. tities of coal, iron, or iron ore, in excess of (1) IN GENERAL.—Not later than 180 days ‘‘(2) UNITED STATES FINANCIAL INSTITU- the limitations provided in applicable United after the date of the enactment of this Act, TION.—The term ‘United States financial in- Nations Security Council resolutions; the President shall submit to the appro- stitution’ means has the meaning given that ‘‘(E) knowingly, directly or indirectly, pur- priate congressional committees a report in- term in section 510.310 of title 31, Code of chased or otherwise acquired significant cluding a determination as to whether rea- Federal Regulations, as in effect on the date types or amounts of textiles from the Gov- sonable grounds exist, and an explanation of of the enactment of this section. ernment of North Korea; the reasons for any determination that such ‘‘(3) FOREIGN FINANCIAL INSTITUTION.—The ‘‘(F) knowingly facilitated a significant grounds do not exist, to designate, pursuant term ‘foreign financial institution’ has the transfer of funds or property of the Govern- to section 104 of the North Korea Sanctions meaning given that term in section 1010.605 ment of North Korea that materially con- and Policy Enhancement Act of 2016 (22 of title 31, Code of Federal Regulations, as in tributes to any violation of an applicable U.S.C. 9214), as amended by this section, each effect on the date of the enactment of this United National Security Council resolution; of the following: section.’’. ‘‘(G) knowingly, directly or indirectly, fa- (A) The Korea Shipowners’ Protection and (b) CLERICAL AMENDMENT.—The table of cilitated a significant transfer to or from the Indemnity Association, a North Korean in- contents in section 1(b) of the North Korea Government of North Korea of bulk cash, surance company, with respect to facili- Sanctions and Policy Enhancement Act of precious metals, gemstones, or other stores tating imports, exports, and reexports of 2016 is amended by inserting after the item of value not described under subsection arms and related materiel to and from North relating to section 201 the following new (a)(10); Korea, or for other activities prohibited by item: ‘‘(H) knowingly, directly or indirectly, such section 104. ‘‘Sec. 201A. Prohibition on indirect cor- sold, transferred, or otherwise provided sig- (B) Chinpo Shipping Company (Private) respondent accounts.’’. Limited, a Singapore corporation, with re- nificant amounts of crude oil, condensates, SEC. 313. LIMITATIONS ON FOREIGN ASSISTANCE refined petroleum, other types of petroleum spect to facilitating imports, exports, and re- TO NONCOMPLIANT GOVERNMENTS. or petroleum byproducts, liquified natural exports of arms and related materiel to and Section 203 of the North Korea Sanctions gas, or other natural gas resources to the from North Korea. and Policy Enhancement Act of 2016 (22 Government of North Korea (except for (C) The Central Bank of the Democratic U.S.C. 9223) is amended— heavy fuel oil, gasoline, or diesel fuel for hu- People’s Republic of Korea, with respect to (1) in subsection (b)— the sale of gold to, the receipt of gold from, manitarian use or as excepted under sub- (A) in the heading, by striking ‘‘TRANS- or the import or export of gold by the Gov- section (a)(11)); ACTIONS IN LETHAL MILITARY EQUIPMENT’’ ernment of North Korea. ‘‘(I) knowingly, directly or indirectly, en- and inserting ‘‘TRANSACTIONS IN DEFENSE AR- (D) Kumgang Economic Development Cor- gaged in, facilitated, or was responsible for TICLES OR DEFENSE SERVICES’’; the online commercial activities of the Gov- poration (KKG), with respect to being an en- (B) in paragraph (1), by striking ‘‘that pro- ernment of North Korea, including online tity controlled by Bureau 39 of the Workers’ vides lethal military equipment to the Gov- gambling; Party of the Government of North Korea. ernment of North Korea’’ and inserting ‘‘that ‘‘(J) knowingly, directly or indirectly, pur- (E) Sam Pa, also known as Xu Jinghua, Xu provides to or receives from the Government chased or otherwise acquired fishing rights Songhua, Sa Muxu, Samo, Sampa, or Sam of North Korea a defense article or defense from the Government of North Korea; King, and any entities owned or controlled service, as such terms are defined in section ‘‘(K) knowingly, directly or indirectly, pur- by such individual, with respect to trans- 47 of the Arms Export Control Act (22 U.S.C. chased or otherwise acquired significant actions with KKG. 2794), if the President determines that a sig- types or amounts of food or agricultural (F) The Chamber of Commerce of the nificant type or amount of such article or products from the Government of North Democratic People’s Republic of Korea, with service has been so provided or received’’; Korea; respect to the exportation of workers in vio- and ‘‘(L) knowingly, directly or indirectly, en- lation of section 104(a)(5) or of section (C) in paragraph (2), by striking ‘‘1 year’’ gaged in, facilitated, or was responsible for 104(b)(1)(M) of such Act, as amended by sub- and inserting ‘‘2 years’’; the exportation of workers from North Korea section (b) of this section. (2) in subsection (d), by striking ‘‘or emer- in a manner intended to generate significant (2) FORM.—The report submitted under gency’’ and inserting ‘‘maternal and child revenue, directly or indirectly, for use by the paragraph (1) may contain a classified annex. health, disease prevention and response, or’’; Government of North Korea or by the Work- SEC. 312. PROHIBITION ON INDIRECT COR- and RESPONDENT ACCOUNTS. ers’ Party of Korea; (3) by adding at the end the following new (a) IN GENERAL.—Title II of the North ‘‘(M) knowingly conducted a significant subsection: Korea Sanctions and Policy Enhancement transaction or transactions in North Korea’s ‘‘(e) REPORT ON ARMS TRAFFICKING INVOLV- Act of 2016 (22 U.S.C. 9221 et seq.) is amended ING NORTH KOREA.— transportation, mining, energy, or financial by inserting after section 201 the following ‘‘(1) IN GENERAL.—Not later than 180 days services industries; or new section: ‘‘(N) except as specifically approved by the after the date of the enactment of this sub- ‘‘SEC. 201A. PROHIBITION ON INDIRECT COR- section, and annually thereafter for 5 years, United Nations Security Council, and other RESPONDENT ACCOUNTS. the Secretary of State shall submit to the than through a correspondent account as de- ‘‘(a) IN GENERAL.—Except as provided in scribed in subsection (a)(14), knowingly fa- subsection (b), if a United States financial appropriate congressional committees a re- cilitated the operation of any branch, sub- institution has or obtains knowledge that a port that specifically describes the compli- sidiary, or office of a North Korean financial correspondent account established, main- ance of foreign countries and other foreign institution.’’. tained, administered, or managed by that in- jurisdictions with the requirement to curtail (2) EFFECTIVE DATE.—The amendments stitution for a foreign financial institution is the trade described in subsection (b)(1). made by paragraph (1) take effect on the being used by the foreign financial institu- ‘‘(2) FORM.—The report required under date of the enactment of this Act and apply tion to provide significant financial services paragraph (1) shall be submitted in unclassi- with respect to conduct described in subpara- indirectly to any person, foreign govern- fied form but may contain a classified graphs (D) through (N) of section 104(b)(1) of ment, or financial institution designated annex.’’. the North Korea Sanctions and Policy En- under section 104, the United States finan- SEC. 314. AMENDMENTS TO ENHANCE INSPEC- hancement Act of 2016, as added by para- cial institution shall ensure that such cor- TION AUTHORITIES. graph (1), engaged in on or after such date of respondent account is no longer used to pro- Title II of the North Korea Sanctions and enactment. vide such services. Policy Enhancement Act of 2016 (22 U.S.C.

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.013 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6259 9221 et seq.), as amended by section 102 of the President as deficient pursuant to sub- mentalities of which are maintaining a reg- this Act, is further amended by striking sec- section (a)(2). istration of a vessel that is included on such tion 205 and inserting the following: ‘‘(2) EXCEPTION FOR FOOD, MEDICINE, AND list. ‘‘SEC. 205. ENHANCED INSPECTION AUTHORITIES. HUMANITARIAN SHIPMENTS.—Paragraph (1) ‘‘(c) INFORMATION AND PUBLICATION.—The ‘‘(a) REPORT REQUIRED.— shall not apply to any vessel, aircraft, or Secretary of the department in which the ‘‘(1) IN GENERAL.—Not later than 180 days conveyance that has entered the territory or Coast Guard is operating, with the concur- after the date of the enactment of this sec- waters of North Korea, or landed in any of rence of the Secretary of State, shall— tion, and annually thereafter for 5 years, the the sea ports or airports of North Korea, ex- ‘‘(1) maintain timely information on the President shall submit to the appropriate clusively for the purposes described in sec- registrations of all foreign vessels over 300 congressional committees a report— tion 208(b)(3)(B), or to import food, medicine, gross tons that are known to be— ‘‘(A) identifying the operators of foreign or supplies into North Korea to meet the hu- ‘‘(A) owned or operated by or on behalf of sea ports and airports that knowingly— manitarian needs of the North Korean peo- the Government of North Korea or a North ‘‘(i) significantly fail to implement or en- ple. Korean person; force regulations to inspect ships, aircraft, ‘‘(d) SEIZURE AND FORFEITURE.—A vessel, ‘‘(B) owned or operated by or on behalf of cargo, or conveyances in transit to or from aircraft, or conveyance used to facilitate any any country in which a sea port is located, North Korea, as required by applicable of the activities described in section 104(a) the operator of which the President has iden- United Nations Security Council resolutions; under the jurisdiction of the United States tified in the most recent report submitted ‘‘(ii) facilitate the transfer, transshipment, may be seized and forfeited, or subject to for- under section 205(a)(1)(A) of the North Korea or conveyance of significant types or quan- feiture, under— Sanctions and Policy Enhancement Act of tities of cargo, vessels, or aircraft owned or ‘‘(1) chapter 46 of title 18, United States 2016; or controlled by persons designated under ap- Code; or ‘‘(C) owned or operated by or on behalf of plicable United Nations Security Council ‘‘(2) part V of title IV of the Tariff Act of any country identified by the President as a resolutions; or 1930 (19 U.S.C. 1581 et seq.).’’. country that has not complied with the ap- ‘‘(iii) facilitate any of the activities de- SEC. 315. ENFORCING COMPLIANCE WITH plicable United Nations Security Council scribed in section 104(a); UNITED NATIONS SHIPPING SANC- resolutions (as such term is defined in sec- ‘‘(B) describing the extent to which the re- TIONS AGAINST NORTH KOREA. tion 3 of such Act); and quirements of applicable United Nations Se- (a) IN GENERAL.—The Ports and Waterways ‘‘(2) not later than 180 days after the date curity Council resolutions to de-register any Safety Act (33 U.S.C. 1221 et seq.) is amended of the enactment of this section, and periodi- vessel owned, controlled, or operated by or by adding at the end the following new sec- cally thereafter, publish in the Federal Reg- on behalf of the Government of North Korea tion: ister a list of the vessels described in para- have been implemented by other foreign ‘‘SEC. 16. PROHIBITION ON ENTRY AND OPER- graph (1). countries; ATION. ‘‘(d) NOTIFICATION OF GOVERNMENTS.— ‘‘(C) describing the compliance of the Is- ‘‘(a) PROHIBITION.— ‘‘(1) IN GENERAL.—The Secretary of State lamic Republic of Iran with the sanctions ‘‘(1) IN GENERAL.—Except as otherwise pro- shall notify each government, the agents or mandated in applicable United Nations Secu- vided in this section, no vessel described in instrumentalities of which are maintaining a rity Council resolutions; subsection (b) may enter or operate in the registration of a foreign vessel that is in- ‘‘(D) identifying vessels, aircraft, and con- navigable waters of the United States or cluded on a list published under subsection veyances owned or controlled by the Recon- transfer cargo in any port or place under the (c)(2), not later than 30 days after such publi- naissance General Bureau of the Workers’ jurisdiction of the United States. cation, that all vessels registered under such Party of Korea; and ‘‘(2) LIMITATIONS ON APPLICATION.— government’s authority are subject to sub- ‘‘(E) describing the diplomatic and enforce- ‘‘(A) IN GENERAL.—The prohibition under section (a). ment efforts by the President to secure the paragraph (1) shall not apply with respect ‘‘(2) ADDITIONAL NOTIFICATION.—In the case full implementation of the applicable United to— of a government that continues to maintain Nations Security Council resolutions, as de- ‘‘(i) a vessel described in subsection (b)(1), a registration for a vessel that is included on scribed in subparagraphs (A) through (C). if the Secretary of State determines that— such list after receiving an initial notifica- ‘‘(2) FORM.—The report required under ‘‘(I) the vessel is owned or operated by or tion under paragraph (1), the Secretary shall paragraph (1) shall be submitted in unclassi- on behalf of a country the government of issue an additional notification to such gov- fied form but may contain a classified annex. which the Secretary of State determines is ernment not later than 120 days after the ‘‘(b) SPECIFIC FINDINGS.—Each report re- closely cooperating with the United States publication of a list under subsection (c)(2). quired under subsection (a) shall include spe- with respect to implementing the applicable ‘‘(e) NOTIFICATION OF VESSELS.—Upon re- cific findings with respect to the following United Nations Security Council resolutions ceiving a notice of arrival under section ports and airports: (as such term is defined in section 3 of the 4(a)(5) from a vessel described in subsection ‘‘(1) The ports of Dandong, Dalian, and any North Korea Sanctions and Policy Enhance- (b), the Secretary of the department in other port in the People’s Republic of China ment Act of 2016); or which the Coast Guard is operating shall no- that the President deems appropriate. ‘‘(II) it is in the national security interest tify the master of such vessel that the vessel ‘‘(2) The ports of Abadan, Bandar-e-Abbas, not to apply the prohibition to such vessel; may not enter or operate in the navigable Chabahar, Bandar-e-Khomeini, Bushehr or waters of the United States or transfer cargo Port, Asaluyeh Port, Kish, Kharg Island, ‘‘(ii) a vessel described in subsection (b)(2), in any port or place under the jurisdiction of Bandar-e-Lenge, and Khorramshahr, and if the Secretary of State determines that the the United States, unless— Tehran Imam Khomeini International Air- vessel is no longer registered as described in ‘‘(1) the Secretary of State has made a de- port, in the Islamic Republic of Iran. that subsection. termination under subsection (a)(2); or ‘‘(3) The ports of Nakhodka, Vanino, and ‘‘(B) NOTICE.—Not later than 15 days after ‘‘(2) the Secretary of the department in Vladivostok, in the Russian Federation. making a determination under subparagraph which the Coast Guard is operating allows ‘‘(4) The ports of Latakia, Banias, and (A), the Secretary of State shall submit to provisional entry of the vessel, or transfer of Tartous, and Damascus International Air- the Committee on Foreign Affairs and the cargo from the vessel, under subsection (f). port, in the Syrian Arab Republic. Committee on Transportation and Infra- ‘‘(f) PROVISIONAL ENTRY OR CARGO TRANS- ‘‘(c) ENHANCED SECURITY TARGETING RE- structure of the House of Representatives FER.—Notwithstanding any other provision QUIREMENTS.— and the Committee on Foreign Relations and of this section, the Secretary of the depart- ‘‘(1) IN GENERAL.—Except as provided in the Committee on Commerce, Science, and ment in which the Coast Guard is operating paragraph (2), the Secretary of Homeland Se- Transportation of the Senate written notice may allow provisional entry of, or transfer of curity may, using a layered approach, re- of the determination and the basis upon cargo from, a vessel, if such entry or transfer quire enhanced screening procedures to de- which the determination was made. is necessary for the safety of the vessel or termine whether physical inspections are ‘‘(C) PUBLICATION.—The Secretary of State persons aboard. warranted of any cargo bound for or landed shall publish a notice in the Federal Register ‘‘(g) RIGHT OF INNOCENT PASSAGE AND in the United States that— of each determination made under subpara- RIGHT OF TRANSIT PASSAGE.—This section ‘‘(A) has been transported through a sea graph (A). shall not be construed as authority to re- port or airport the operator of which has ‘‘(b) VESSELS DESCRIBED.—A vessel referred strict the right of innocent passage or the been identified by the President in accord- to in subsection (a) is a foreign vessel for right of transit passage as recognized under ance with subsection (a)(1) as having repeat- which a notice of arrival is required to be international law. edly failed to comply with applicable United filed under section 4(a)(5), and that— ‘‘(h) FOREIGN VESSEL DEFINED.—In this sec- Nations Security Council resolutions; ‘‘(1) is on the most recent list of vessels tion, the term ‘foreign vessel’ has the mean- ‘‘(B) is aboard a vessel or aircraft, or with- published in Federal Register under sub- ing given that term in section 110 of title 46, in a conveyance that has, within the last 365 section (c)(2); or United States Code.’’. days, entered the territory or waters of ‘‘(2) more than 180 days after the publica- (b) CONFORMING AMENDMENTS.— North Korea, or landed in any of the sea tion of such list, is knowingly registered, (1) SPECIAL POWERS.—Section 4(b)(2) of the ports or airports of North Korea; or pursuant to the 1958 Convention on the High Ports and Waterways Safety Act (33 U.S.C. ‘‘(C) is registered by a country or jurisdic- Seas entered into force on September 30, 1223(b)(2)) is amended by inserting ‘‘or 16’’ tion whose compliance has been identified by 1962, by a government the agents or instru- after ‘‘section 9’’.

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.013 H25JYPT1 H6260 CONGRESSIONAL RECORD — HOUSE July 25, 2017

(2) DENIAL OF ENTRY.—Section 13(e) of the mittee on Ways and Means, and the Speaker, (b) SANCTIONS ON FOREIGN PERSONS THAT Ports and Waterways Safety Act (33 U.S.C. the majority leader, and the minority leader EMPLOY NORTH KOREAN LABOR.— 1232(e)) is amended by striking ‘‘section 9’’ of the House of Representatives. (1) IN GENERAL.—Title III of the North and inserting ‘‘section 9 or 16’’. SEC. 318. BRIEFING ON MEASURES TO DENY SPE- Korea Sanctions and Policy Enhancement SEC. 316. REPORT ON COOPERATION BETWEEN CIALIZED FINANCIAL MESSAGING Act of 2016 (22 U.S.C. 9241 et seq.) is amended NORTH KOREA AND IRAN. SERVICES TO DESIGNATED NORTH by inserting after section 302 the following (a) IN GENERAL.—Not later than 180 days KOREAN FINANCIAL INSTITUTIONS. new sections: (a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, ‘‘SEC. 302A. REBUTTABLE PRESUMPTION APPLI- and annually thereafter for 5 years, the after the date of the enactment of this Act, CABLE TO GOODS MADE WITH President shall submit to the appropriate and every 180 days thereafter for 5 years, the NORTH KOREAN LABOR. congressional committees and leadership a President shall provide to the appropriate ‘‘(a) IN GENERAL.—Except as provided in report that includes— congressional committees a briefing that in- subsection (b), any significant goods, wares, (1) an assessment of the extent of coopera- cludes the following information: articles, and merchandise mined, produced, (1) A list of each person or foreign govern- tion (including through the transfer of or manufactured wholly or in part by the ment the President has identified that di- goods, services, technology, or intellectual labor of North Korean nationals or citizens rectly provides specialized financial mes- property) between North Korea and Iran re- shall be deemed to be prohibited under sec- saging services to, or enables or facilitates lating to their respective nuclear, ballistic tion 307 of the Tariff Act of 1930 (19 U.S.C. direct or indirect access to such messaging missile development, chemical or biological 1307) and shall not be entitled to entry at services for— weapons development, or conventional weap- any of the ports of the United States. (A) any North Korean financial institution ons programs; ‘‘(b) EXCEPTION.—The prohibition described (as such term is defined in section 3 of the (2) the names of any Iranian or North Ko- in subsection (a) shall not apply if the Com- North Korea Sanctions and Policy Enhance- rean persons that have knowingly engaged in missioner of U.S. Customs and Border Pro- ment Act of 2016 (22 U.S.C. 9202)) designated tection finds, by clear and convincing evi- or directed— under an applicable United Nations Security (A) the provision of material support to dence, that the goods, wares, articles, or Council resolution; or merchandise described in such paragraph such programs; or (B) any other North Korean person, on be- (B) the exchange of information between were not produced with convict labor, forced half of such a North Korean financial insti- labor, or indentured labor under penal sanc- North Korea and Iran with respect to such tution. programs; tions. (2) A detailed assessment of the status of ‘‘SEC. 302B. SANCTIONS ON FOREIGN PERSONS (3) the names of any other foreign persons efforts by the Secretary of the Treasury to that have facilitated the activities described EMPLOYING NORTH KOREAN LABOR. work with the relevant authorities in the ‘‘(a) IN GENERAL.—Except as provided in in paragraph (1); and home jurisdictions of such specialized finan- subsection (c), the President shall designate (4) a determination whether any of the ac- cial messaging providers to end such provi- any person identified under section 302(b)(3) tivities described in paragraphs (1) and (2) sion or access. for the imposition of sanctions under sub- violate United Nations Security Council Res- (b) FORM.—The briefing required under section (b). olution 2231 (2015). subsection (a) may be classified. ‘‘(b) IMPOSITION OF SANCTIONS.— (b) FORM.—The report required under sub- ‘‘(1) IN GENERAL.—The President shall im- section (a) shall be submitted in unclassified Subtitle B—Sanctions With Respect to pose the sanctions described in paragraph (2) form but may contain a classified annex. Human Rights Abuses by the Government with respect to any person designated under (c) APPROPRIATE CONGRESSIONAL COMMIT- of North Korea subsection (a). TEES AND LEADERSHIP DEFINED.—In this sec- SEC. 321. SANCTIONS FOR FORCED LABOR AND tion, the term ‘‘appropriate congressional SLAVERY OVERSEAS OF NORTH KO- ‘‘(2) SANCTIONS DESCRIBED.—The sanctions committees and leadership’’ means— REANS. described in this paragraph are sanctions (a) SANCTIONS FOR TRAFFICKING IN PER- (1) the Committee on Foreign Relations, pursuant to the International Emergency SONS.— the Committee on Banking, Housing, and Economic Powers Act (50 U.S.C. 1701 et seq.) (1) IN GENERAL.—Section 302(b) of the Urban Affairs, and the majority and minor- to block and prohibit all transactions in North Korea Sanctions and Policy Enhance- ity leaders of the Senate; and property and interests in property of a per- ment Act of 2016 (22 U.S.C. 9241(b)) is amend- (2) the Committee on Foreign Affairs, the son designated under subsection (a), if such ed— Committee on Financial Services, the Com- property and interests in property are in the (A) in paragraph (1), by striking ‘‘and’’ at mittee on Ways and Means, and the Speaker, United States, come within the United the end; the majority leader, and the minority leader States, or are or come within the possession (B) in paragraph (2), by striking the period of the House of Representatives. or control of a United States person. at the end and inserting ‘‘; and’’; and ‘‘(c) EXCEPTION.— SEC. 317. REPORT ON IMPLEMENTATION OF (C) by adding at the end the following new ‘‘(1) IN GENERAL.—A person may not be des- UNITED NATIONS SECURITY COUN- CIL RESOLUTIONS BY OTHER GOV- paragraph: ignated under subsection (a) if the President ERNMENTS. ‘‘(3) a list of foreign persons that know- certifies to the appropriate congressional (a) IN GENERAL.—Not later than 180 days ingly employ North Korean laborers, as de- committees that the President has received after the date of the enactment of this Act, scribed in section 104(b)(1)(M).’’. reliable assurances from such person that— and annually thereafter for 5 years, the (2) ADDITIONAL DETERMINATIONS; RE- ‘‘(A) the employment of North Korean la- President shall submit to the appropriate PORTS.—With respect to any country identi- borers does not result in the direct or indi- congressional committees and leadership a fied in section 302(b)(2) of the North Korea rect transfer of convertible currency, luxury report that evaluates the degree to which Sanctions and Policy Enhancement Act of goods, or other stores of value to the Govern- the governments of other countries have 2016 (22 U.S.C. 9241(b)(2)), as amended by ment of North Korea; knowingly failed to— paragraph (1), the report required under sec- ‘‘(B) all wages and benefits are provided di- (1) close the representative offices of per- tion 302(a) of such Act shall— rectly to the laborers, and are held, as appli- sons designated under applicable United Na- (A) include a determination whether each cable, in accounts within the jurisdiction in tions Security Council resolutions; person identified in section 302(b)(3) of such which they reside in locally denominated (2) expel any North Korean nationals, in- Act (as amended by paragraph (1)) who is a currency; and cluding diplomats, working on behalf of such national or a citizen of such identified coun- ‘‘(C) the laborers are subject to working persons; try meets the criteria for sanctions under— conditions consistent with international (3) prohibit the opening of new branches, (i) section 111 of the Trafficking Victims standards. subsidiaries, or representative offices of Protection Act of 2000 (22 U.S.C. 7108) (relat- ‘‘(2) RECERTIFICATION.—Not later than 180 North Korean financial institutions within ing to the prevention of trafficking in per- days after the date on which the President the jurisdictions of such governments; or sons); or transmits to the appropriate congressional (4) expel any representatives of North Ko- (ii) section 104(a) or 104(b)(1) of the North committees an initial certification under rean financial institutions. Korea Sanctions and Policy Enhancement paragraph (1), and every 180 days thereafter, (b) FORM.—The report required under sub- Act of 2016 (22 U.S.C. 9214(a)), as amended by the President shall— section (a) shall be submitted in unclassified section 101 of this Act; ‘‘(A) transmit a recertification stating form but may contain a classified annex. (B) be included in the report required that the conditions described in such para- (c) APPROPRIATE CONGRESSIONAL COMMIT- under section 110(b) of the Trafficking Vic- graph continue to be met; or TEES AND LEADERSHIP DEFINED.—In this sec- tims Protection Act of 2000 (22 U.S.C. 7107(b)) ‘‘(B) if such recertification cannot be tion, the term ‘‘appropriate congressional (relating to the annual report on trafficking transmitted, impose the sanctions described committees and leadership’’ means— in persons); and in subsection (b) beginning on the date on (1) the Committee on Foreign Relations, (C) be considered in any determination which the President determines that such re- the Committee on Banking, Housing, and that the government of such country has certification cannot be transmitted.’’. Urban Affairs, and the majority and minor- made serious and sustained efforts to elimi- (2) CLERICAL AMENDMENT.—The table of ity leaders of the Senate; and nate severe forms of trafficking in persons, contents in section 1(b) of the North Korea (2) the Committee on Foreign Affairs, the as such term is defined for purposes of the Sanctions and Policy Enhancement Act of Committee on Financial Services, the Com- Trafficking Victims Protection Act of 2000. 2016 is amended by inserting after the item

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.013 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6261 relating to section 302 the following new this title that are subject to deadlines for Under Vladimir Putin, Russia has in- items: submission consisting of similar units of vaded its neighbor, Ukraine, seizing its ‘‘Sec. 302A. Rebuttable presumption applica- time may be consolidated into a single re- territory and destabilizing its govern- ble to goods made with North port that is submitted to appropriate con- ment. It poses a threat to our NATO al- Korean labor. gressional committees pursuant to the ear- lies in Europe, as Moscow works to un- lier of such deadlines. The consolidated re- ‘‘Sec. 302B. Sanctions on foreign persons em- dermine democratic values with deter- ploying North Korean labor.’’. ports must contain all information required mination and sophistication, as U.S. SEC. 322. MODIFICATIONS TO SANCTIONS SUS- under this title or any amendment made by PENSION AND WAIVER AUTHORI- this title, in addition to all other elements intelligence agencies have made clear. TIES. mandated by previous law. This former KGB colonel attempted to (a) EXEMPTIONS.—Section 208(a) of the SEC. 332. RULE OF CONSTRUCTION. interfere with our own election. Left North Korea Sanctions and Policy Enhance- Nothing in this title shall be construed to unchecked, Russia is sure to continue ment Act of 2016 (22 U.S.C. 9228(a)) is amend- limit— its aggression. ed in the matter preceding paragraph (1)— (1) the authority or obligation of the Presi- Putin’s forces continue to prop up (1) by inserting ‘‘201A,’’ after ‘‘104,’’; and dent to apply the sanctions described in sec- the murderous Assad regime in Syria, (2) by inserting ‘‘302A, 302B,’’ after ‘‘209,’’. tion 104 of the North Korea Sanctions and (b) HUMANITARIAN WAIVER.—Section 208(b) prolonging a deadly conflict that has Policy Enhancement Act of 2016 (22 U.S.C. driven tens of millions of people from of the North Korea Sanctions and Policy En- 9214), as amended by section 311 of this Act, hancement Act of 2016 (22 U.S.C. 9228(b)(1)) is with regard to persons who meet the criteria their homes, while enabling the use of amended— for designation under such section, or in any chemical weapons and other system- (1) by inserting ‘‘201A,’’ after ‘‘104,’’ in each other provision of law; or atic human rights abuses against the place it appears; and (2) the authorities of the President pursu- people of Syria. (2) by inserting ‘‘302A, 302B,’’ after ant to the International Emergency Eco- The Russia sanctions in this bill are ‘‘209(b),’’ in each place it appears. nomic Powers Act (50 U.S.C. 1701 et seq.). substantially similar to those that (c) WAIVER.—Section 208(c) of the North SEC. 333. REGULATORY AUTHORITY. overwhelmingly passed the other body. Korea Sanctions and Policy Enhancement (a) IN GENERAL.—The President shall, not Act of 2016 (22 U.S.C. 9228(c)) is amended in They give the administration impor- later than 180 days after the date of the en- tant economic leverage, they give it the matter preceding paragraph (1)— actment of this Act, promulgate regulations (1) by inserting ‘‘201A,’’ after ‘‘104,’’; and diplomatic leverage by targeting the as necessary for the implementation of this things that matter to Vladimir Putin (2) by inserting ‘‘302A, 302B,’’ after title and the amendments made by this title. ‘‘209(b),’’. (b) NOTIFICATION TO CONGRESS.—Not fewer and that matter to his allies the most, SEC. 323. REWARD FOR INFORMANTS. than 10 days before the promulgation of a and that is their corrupt efforts to Section 36(b) of the State Department regulation under subsection (a), the Presi- profit from the country’s oil wealth Basic Authorities Act of 1956 (22 U.S.C. dent shall notify and provide to the appro- and their ability to sell weapons over- 2708(b)), is amended— priate congressional committees the pro- seas. (1) in paragraph (9), by striking ‘‘or’’ at the posed regulation, specifying the provisions of To focus their impact, we clarified end; this title or the amendments made by this several provisions that could have in- (2) in paragraph (10), by striking the period title that the regulation is implementing. advertently handed Russian companies at the end and inserting a semicolon; and SEC. 334. LIMITATION ON FUNDS. (3) by adding at the end the following new control of global energy projects and No additional funds are authorized to carry impacted pipelines that our European paragraphs: out the requirements of this title or of the ‘‘(11) the identification or location of any amendments made by this title. Such re- allies rely on in an effort to end their person who, while acting at the direction of quirements shall be carried out using dependence on Russian gas. So this or under the control of a foreign govern- amounts otherwise authorized. strengthens the bill. ment, aids or abets a violation of section 1030 To ensure these economic sanctions of title 18, United States Code; or The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from remain in place as long as Putin’s ag- ‘‘(12) the disruption of financial mecha- gression continues, this bill empowers California (Mr. ROYCE) and the gen- nisms of any person who has engaged in the Congress to review and to disapprove conduct described in sections 104(a) or tleman from New York (Mr. ENGEL) any sanctions relief. This strong over- 104(b)(1) of the North Korea Sanctions and each will control 20 minutes. Policy Enhancement Act of 2016 (22 U.S.C. The Chair recognizes the gentleman sight is necessary, it is appropriate. After all, it is Congress that the Con- 2914(a) or (b)(1)).’’. from California. SEC. 324. DETERMINATION ON DESIGNATION OF stitution empowers to regulate com- GENERAL LEAVE NORTH KOREA AS A STATE SPONSOR merce with foreign nations. OF TERRORISM. Mr. ROYCE of California. Mr. Speak- Mr. Speaker, Russia has found a will- (a) DETERMINATION.— er, I ask unanimous consent that all ing partner in Iran. The regime’s Ira- (1) IN GENERAL.—Not later than 90 days Members may have 5 legislative days nian Revolutionary Guard are fighting after the date of the enactment of this Act, to revise and extend their remarks and alongside Russian forces in Syria. At the Secretary of State shall submit to the to include any extraneous material in appropriate congressional committees a de- the same time, Tehran continues to the RECORD. termination whether North Korea meets the threaten Israel by providing funding criteria for designation as a state sponsor of The SPEAKER pro tempore. Is there and advanced rockets and missiles to terrorism. objection to the request of the gen- Hezbollah. Hezbollah is its leading ter- (2) FORM.—The determination required by tleman from California? rorist proxy. It continues to hold paragraph (1) shall be submitted in unclassi- There was no objection. Americans hostage, while developing fied form but may include a classified annex, Mr. ROYCE of California. Mr. Speak- intercontinental ballistic missiles ca- if appropriate. er, I yield myself such time as I may pable of delivering nuclear weapons. (b) STATE SPONSOR OF TERRORISM DE- consume. To strengthen the U.S. response to FINED.—For purposes of this section, the Mr. Speaker, this bill represents a term ‘‘state sponsor of terrorism’’ means a the threat from Iran, this bill includes country the government of which the Sec- very broad, bipartisan House-Senate provisions originally introduced by my retary of State has determined, for purposes agreement that the United States must counterpart, Senator CORKER, which of section 6(j) of the Export Administration enforce tougher sanctions against increase sanctions on those involved in Act of 1979 (50 U.S.C. 4605(j)) (as in effect pur- North Korea, against Russia, against the regime’s human rights abuses and suant to the International Emergency Eco- Iran. its support for terrorism, as well as its nomic Powers Act), section 620A of the For- I thank the gentleman from New efforts on the ballistic missile pro- eign Assistance Act of 1961 (22 U.S.C. 2371), York (Mr. ENGEL), the ranking member gram, which the Iranian Revolutionary section 40 of the Arms Export Control Act (22 of the Foreign Affairs Committee, for Guard forces control. U.S.C. 2780), or any other provision of law, is his determined and excellent work on a government that has repeatedly provided Finally, I am proud that this bill in- support for acts of international terrorism. this legislation. This is a very impor- cludes the text of H.R. 1644, the Korean tant bill. Interdiction and Modernization of Subtitle C—General Authorities These three regimes in different Sanctions Act, which we passed in SEC. 331. AUTHORITY TO CONSOLIDATE RE- PORTS. parts of the world are threatening vital May. We passed it here out of the Any reports required to be submitted to U.S. interests and they are desta- House by a vote of 419–1. These provi- the appropriate congressional committees bilizing their neighbors. It is well past sions, which were strengthened in con- under this title or any amendment made by time that we forcefully respond. sultation with the other body, expand

VerDate Sep 11 2014 03:40 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.013 H25JYPT1 H6262 CONGRESSIONAL RECORD — HOUSE July 25, 2017 sanctions targeting North Korea’s nu- program and its support for terrorism only applies to Russian energy export clear weapons program, but they also to the regime’s abhorrent human pipelines. We should not be in the busi- go after those around the world who rights record and efforts to build up its ness of sanctioning pipelines that help employ North Korean slave labor. military. I have said this again and provide energy independence from Rus- This is a human rights abuse. It is again, that we need to hold the re- sia. Putin uses this as a tool to provide one that operates by having a situation gime’s feet to the fire on all these political leverage over his neighbors. where the indentured workers are fed, issues. This bill does exactly that. So, again, I want to thank Chairman but the check, instead of going to the Finally, on Russia, this bill is a ROYCE for his leadership in working workers, goes to the regime, and that strong, direct response to Vladimir with me on this, I think, clarification money then goes into the nuclear Putin’s efforts to undermine American to the Senate companion and for his weapons program. It is estimated that democracy. It imposes new sanctions leadership in the House on this impor- this earns hundreds of millions of dol- on those who want to do business with tant issue. lars for the regime in hard currency. Putin’s cronies or with Russia’s mili- Mr. ENGEL. Mr. Speaker, I yield 2 So with every test, Kim Jong-un’s re- tary or intelligence. It strengthens ex- minutes to the gentleman from Rhode gime comes closer to being able to isting sanctions for Russia’s illegal an- Island (Mr. CICILLINE), my colleague on mount a nuclear warhead on a missile nexation of Crimea and armed inter- the Foreign Affairs Committee. that is capable of reaching the U.S. vention in eastern Ukraine. It pushes Mr. CICILLINE. Mr. Speaker, I rise mainland. We simply cannot pass up an back against Russia’s cybercrimes, in- in support of H.R. 3364, the Russia, opportunity to increase pressure in re- cluding the hacking of our election to Iran, and North Korea Sanctions Act. I sponse to this threat. help Donald Trump—a story which thank my colleagues, Chairman ROYCE Mr. Speaker, I reserve the balance of Congress and the special counsel are and Ranking Member ENGEL, for all of my time. still trying to get to the bottom of—as their work, together with the Senate, Mr. ENGEL. Mr. Speaker, I yield my- well as Putin’s support for the mur- to reach this important agreement. self as much time as I might consume. derous Assad regime in Syria. And it This legislation will ensure that Rus- Mr. Speaker, I rise in support of this gives Congress a strong oversight role sia, Iran, and North Korea, and those legislation. I want to, first of all, in making sure that these Russian who seek to help them, will suffer con- thank my colleagues on both sides of sanctions are not lifted prematurely. sequences for their bad behavior. Pas- the aisle for all the hard work that has This administration has shown over sage of this legislation is important to gone into this legislation so far. I want and over that they are willing to cozy hold Iran accountable for its support to especially thank our chairman, ED up to Putin, but here is the truth: Rus- for terrorism, human rights violations, ROYCE, who has been my partner on sia is not our ally. Putin wants to and continued defiance of international this committee for nearly 5 years. We harm the United States, splinter our treaties, including on ballistic mis- have passed excellent legislation. The alliances, and undermine Western de- siles. legislation today just adds to it, and it mocracy. This Congress will not allow Today we are taking an important shows what you can do when you work him to succeed, so I am glad to support step toward holding the Iranian Gov- in a bipartisan way, so I want to thank this bipartisan bill. ernment, including the IRGC, and any- the chairman for all his hard work and I thank the chairman once again. We one who seeks to support them, ac- all his courtesies. need to keep working to make sure this countable for their bad actions. Any- Mr. Speaker, I support this bill. I cer- bill gets to the President’s desk. one who contributes to Iran’s ballistic tainly plan to vote for it, but it seems Mr. Speaker, I reserve the balance of missile program, supplies it with weap- we may be on the floor before we have my time. ons, or assists the Iranian Government ironed out all the differences with the in their vast human rights abuses will b 1445 other body. I hope that is not the case. be subject to sanction. In particular, there have been issues Mr. ROYCE of California. Mr. Speak- It is important to note that these with the North Korea sanctions. It was er, I yield 2 minutes to the gentleman sanctions do not violate the JCPOA another Royce-Engel bill, which al- from Texas (Mr. MCCAUL), and I just and, in my view, strengthen the nu- ready passed in the House and, frankly, want to thank him for his good work to clear deal by showing our allies and should have been taken up by the other strengthen the bill, as he will discuss, Iran that the United States is serious body on a separate track; instead, it is and for his focus on pipelines that pri- about continuing to enforce violations now put into this bill. I hope we don’t marily carry oil and gas through Rus- of international law. face further delays when this bill gets sia that compete with Russian gas and I am also pleased to see additional back to the other House. drives down the price of gas. sanctions imposed upon Russia and Our job isn’t done, obviously, until Mr. MCCAUL. Mr. Speaker, I rise in North Korea in this legislation. The we get this thing across the finish line; strong support of increased sanctions human suffering that North Korea has and we need to do that because this bill on Russia, Iran, and North Korea. I brought upon its own people is un- is critical to our national security. thank Chairman ROYCE and Ranking imaginable. Such a depraved leader as It does far more than just send a Member ELIOT ENGEL for their leader- Kim Jong-un getting his hands on nu- message to leaders in Russia, Iran, and ship on this issue. I cannot overstate clear weapons that can be used against North Korea. It exacts a heavy price the importance of sending a strong American allies is an outcome that we for their aggressive and destabilizing message to our adversaries that there simply cannot tolerate. behavior. will be consequences for their bad be- Finally, Russia engaged in an unprec- Just like the bill we already passed, havior. edented attack against our democracy this legislation would update and ex- Back in October of last year, at the when it interfered in our 2016 election. pand our sanctions on North Korea, height of the Presidential campaign, I This is the fundamental foundation of closing loopholes that have allowed was briefed by our intelligence commu- our democracy, our election, and we money to flow to the Kim regime, fund- nity. They told me that Russia engaged simply cannot allow any foreign power ing its illegal weapons program. It in a blatant effort to meddle in our do- to interfere in our electoral process. would crack down on the trading part- mestic affairs and, specifically, our Given our President’s complete un- ners, banks, and shipping vessels that democratic process. I was an outspoken willingness to hold Russia accountable enable the regime, and go after the re- supporter of the need for a strong re- for their attack—and let’s not mistake gime’s most lucrative enterprises, sponse then, and I remain so now. it for anything else; it was an attack whether exported goods or the pilfered However, in the process of making on America—it has become necessary wages of North Korean laborers sent Russia pay an economic cost for their for Congress to assert its role in this abroad to work. bad behavior, we must ensure we are area and ensure that Russia will be With respect to Iran, this bill would not harming U.S. interests at home held accountable. go after so many of the things Iran’s and abroad. So, again, I thank Chairman ROYCE, leaders do to drive violence and insta- I want to thank Chairman ROYCE for Ranking Member ENGEL, Leader bility, from Tehran’s ballistic missile clarifying that Section 232 of this bill PELOSI, Whip HOYER, and members of

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.050 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6263 the Senate who worked together to get The Trump Administration was absolutely And then in 2014 the Russian government this bill to the floor. I urge my col- right in early February to put Iran ‘‘on notice’’ annexed Crimea and invaded eastern leagues to support this legislation. regarding its continued testing of ballistic mis- Ukraine—each of these incursions was Mr. ROYCE of California. Mr. Speak- siles. This bill underscores that warning by im- marked by massive human rights violations, er, I yield 2 minutes to the gentleman posing expanded ’s mis- violence toward anyone suspected of being from New Jersey (Mr. SMITH), the sile program—demonstrating that the United unsympathetic to the Russian imperialist chairman of the Foreign Affairs Sub- States will not sit idly by as Iran augments its cause, and created massive humanitarian cri- committee on Africa, Global Health, ability to blackmail Israel and other allies. ses of displaced persons, which the Russian Global Human Rights, and Inter- The stakes could hardly be higher. Iran pos- government did nothing to relieve. national Organizations. sesses the largest ballistic missile program in These acts of aggression underscore the Mr. SMITH of New Jersey. Mr. the region and its medium-range ballistic mis- seriousness with which we must take the Rus- Speaker, I thank the gentleman for siles are already able to strike Israel and our sian government’s testing of our limits and our yielding. I thank him and ELIOT ENGEL allies and installations in the Gulf from deep will, by buzzing our ships and planes, for sponsoring this important bill. within Iranian territory. Iran’s growing space harassing our diplomats, and intimidating our This bill brings together a critical ar- launch program—a thinly veiled testing allies—as it does for example with the Zapad senal of stiff and timely sanctions scheme for intercontinental ballistic missiles— exercises set to take place in September near against Iran, Russia, and North Korea. is cause for greater alarm still. the Polish, Lithuanian, Latvian, and Estonian The administration was absolutely Iran is also the world’s largest state sponsor borders. right in early February to put Iran on of terrorism. By requiring the imposition of ter- We know from experience that the best way notice regarding its continued testing ror sanctions on the Islamic Revolutionary to maintain the peace and keep our country of ballistic missiles. This bill under- Guard Corps, H.R. 3364 treats the IRGC as secure is to respond strongly to Russian ex- scores that warning by imposing ex- what it truly is: Iran’s principal means of ex- pansionism and intimidation attempts—this panded sanctions against Iran’s missile porting terrorism around the world, particularly sanctions bill does just that. program, demonstrating that the to Israel, Syria, Lebanon, Yemen, and Bah- The large number of political assassinations United States will not sit idly by as rain. that have scarred Russian public life since Iran augments its ability to militarily The U.S. cannot tolerate this brinksmanship Putin arrived on the scene—the most noto- blackmail the United States, Israel, and blackmail. Iran dreams of nothing less rious but not the only attack on the rights of and our allies. than regional hegemony and Israel’s annihila- It also, as the world’s largest sponsor Russian citizens for which the Putin govern- of terrorism, imposes terror sanctions tion. There is no room for compromise with ment is responsible. These brutal crimes only on the Islamic Revolutionary Guard such an adversary. Now is the time to act: underscore the need to respond strongly to Corps. It very importantly, as well, au- Iran is entrenching its influence in Syria and Putin’s attempts to intimidate us and our allies. thorizes the imposition of sanctions on Iraq and insuring these gains with the credi- Congress has responded strongly to Putin’s individuals responsible for Iran’s bility of its missile threat and militant proxies. aggressions and crimes before, for example human rights abuses. We must pass this bill to bring maximum pres- with the Sergei Magnitsky Rule of Law and The State Department suggests there sure to bear against a mounting threat. Accountability Act and the Global Magnitsky are as many as 800 political prisoners Importantly, this bill also authorizes the im- legislation, of which I was the House chief in Iran alone. It also reminds us and position of sanctions on individuals respon- sponsor, taking the lessons of the earlier act draws attention to Iran’s despicable sible for Iran’s horrifying human rights abuses. and applied them globally, while in its name practice of arresting American citizens In May, the State Department reported to Con- further memorializing the heroic sacrifice of to use them as bargaining chips. gress that: ‘‘The Iranian regime’s repression of Sergei Magnitsky. The Magnitsky legislation On Russia, Mr. Speaker, the Putin its own people includes reports of over 800 was so strongly detested by the Putin govern- government’s invasion of Ukraine and political prisoners, composed of peaceful civic ment that in early 2013, having cosponsored annexation of Crimea; indiscriminate activists, journalists, women’s rights activists, the original Magnitsky legislation, the Russian bombing in Syria; and threatening be- religious and ethnic minorities, and opposition government refused to issue me a visa to visit havior toward our NATO allies, above political figures.’’ Russia to work on international child adoption all, in the Baltics makes it—important This bill would also draw increased attention issues. A State Department official com- in respects—the worst actor in the to Iran’s despicable practice of arresting Amer- mented to me at the time that as far he knew, global stage today. Putin’s government ican citizens to use them as bargaining chips. I was the first Congressman denied a visa has passed from threats to aggressive On Friday, the Trump Administration rightfully since the Brezhnev era. actions against our friends, allies, and called Iran out for using these detentions as So, in addition to enacting this new legisla- innocent people abroad. ‘‘a tool of state policy’’ and threatened ‘‘new tion, I want to join Vladimir Kara-Murza’s call Let’s not forget that in 2008—and I and serious’’ consequences if this practice that the Magnitsky legislation continue to be was there in Tbilisi as it was hap- continues. We must not forget the lives and implemented energetically and fully. Kara- pening—the Russians invaded Georgia families of Robert Levinson, Siamak and Murza is a Russian democracy activist who and annexed South Ossetia and Baquer Namazi, , and others that twice was nearly killed by sophisticated poi- Abkhazia. have been torn apart by Iran’s cynical sons while visiting Russia—he testified for me As to North Korea, a gulag schemes. at the Helsinki Commission after the first poi- masquerading as a country, we must Mr. Speaker, regarding Russia, the Putin soning attempt, in October 2015. Many of the cut off all economic lifelines to Kim government’s invasion of Ukraine and annex- Putin government’s murders are motivated by Jong-un, and punish Pyongyang’s cli- ation of Crimea, indiscriminate bombing in economic crimes and implementation of the ents and its enablers. A regime that Syria, and threatening behavior toward our Magnitsky legislation should also include U.S. murdered Otto Warmbier and then, of NATO allies, above all in the Baltics, makes it government advocacy on behalf of U.S. inves- course, is working on more missiles among the worst actors on the global stage tors defrauded by Russian expropriations—the and the means to deliver them needs to today. Putin’s government has passed from Yukos oil company is the most notorious case be taken seriously. This legislation threats to aggressive action against our of this. does that with very stiff sanctions. friends, allies and innocent civilians abroad. As to North Korea—a gulag masquerading I thank, again, Chairman ROYCE, And it did so long ago, when it invaded Geor- as a country—we must cut off all economic ELIOT ENGEL, Majority Leader MCCAR- gia in 2008. lifelines to Kim Jong un and punish THY, and STENY HOYER as the principal I was there, in Tbilisi, several weeks after Pyongyang’s clients and its enablers. A re- sponsors of the bill. that invasion began, to work to secure the exit gime that murders Otto Warmbier does not Mr. Speaker, I rise today to support H.R. of two young children, constituents of mine, deserve respect and should be considered an 3364, the Countering America’s Adversaries trapped behind Russian lines in South imminent threat to the US and its allies be- Through Sanctions Act, introduced by my Ossetia. I will never forget the quiet courage cause of its nuclear proliferation. good friend, Chairman ED ROYCE. I’m proud to of the Georgian people in Tbilisi—not entirely We cannot negotiate our way out of these be a co-sponsor. This bill brings together a surprised by Putin’s invasion—they were too strategic problems. Carrots have not worked, critical arsenal of stiff and timely sanctions wise for that—uncertain whether the Russian we need bigger sticks. trained at some of the gravest national secu- army would proceed to Tbilisi, and determined We know sanctions are working. Thae Yong rity threats our country faces today. to soldier on in defense of their country. Ho (Thay Young Ho)—North Korea’s former

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 9920 E:\CR\FM\K25JY7.052 H25JYPT1 H6264 CONGRESSIONAL RECORD — HOUSE July 25, 2017 deputy ambassador to Britain and the highest from Texas (Mr. HENSARLING), chair- And I thank Mr. ROYCE for his hard ranking defector in twenty years—said that man of the Committee on Financial work on this bill. international sanctions are beginning to Services. I have said this before and I will say squeeze the regime. He also said that the Mr. HENSARLING. Mr. Speaker, I it again: Mr. ROYCE, as chairman, and spread of information from the outside world is thank the gentleman for yielding and Mr. ENGEL, as ranking member, are an having a real impact. So it shouldn’t be a sur- certainly for his leadership on this example for, frankly, all of us on how prise that South Korea has reported that high- very important bill. to work together productively in a bi- level defections are surging. I rise in support of the Russia, Iran, partisan fashion to reach a result that This legislation provides crucial tools and I and North Korean Sanctions Act. is good for our country, for our people, support them wholeheartedly—as I supported Mr. Speaker, I particularly want to and indeed for international security. them in May of this year. highlight the provisions that are the I also want to thank Senators CARDIN The Trump Administration will find that it product of the hard work of the Finan- and CORKER for their leadership and can use the tools we offer today to much cial Services Committee’s Sub- their involvement. greater use than did the last White House. committee on Terrorism and Illicit Fi- This legislation is the product of With hundreds of thousands of North Korean nance. The inclusion of these provi- very careful and sometimes difficult laborers abroad—sending as much as $2 bil- sions will undoubtedly assist our gov- negotiations on a bipartisan basis. It is lion a year back to the regime in hard cur- ernment’s anti-money laundering and a strong, tough, and appropriate re- rency—we should look at targeting this expa- counterterrorist financing efforts. sponse to Russia’s attempts to meddle For instance, this bill includes lan- triate labor and the governments and corpora- in our election process, its support for guage directing the President, acting tions that employ them. violent separatists in Ukraine, its ille- through the Secretary of the Treasury, Loopholes in our sanctions on North Korea’s gal occupation of Crimea, and, yes, its to develop and maintain a national shipping and financial sectors must be closed. unhelpful activity in Syria. strategy for combating the financing of And when we discover that foreign banks It also imposes new sanctions on terrorism and related forms of illicit fi- have helped Kim Jong un skirt sanctions—as Iran’s ballistic missile program, which nancing. threatens the United States, our Gulf those in China have repeatedly done—we The opportunistic nature of terrorist allies, and Israel. must give those banks and businesses a stark groups, combined with the emergence Russia’s power comes from its ability choice: do business with Kim Jong un or the of financial technology, creates new to coerce other nations by its energy U.S. challenges for our law enforcement distribution, in many instances. This Cut off Kim Jong un’s economic lifelines, community and their efforts to disrupt bill seeks to make it harder for Russia punish those who keep his murderous regime terror finance. afloat, and signal to China and its client state The national strategy should also to use that type of coercion, and em- in North Korea that the era of ‘‘strategic pa- seek to enhance partnerships with the power other nations to join us in stand- tience’’ is finally over. private sector that prevent and detect ing up against Russian aggression. Mr. Speaker, I urge my colleagues to illicit financing, and increase efforts to These sanctions will only be successful, strongly support this critical measure at a per- facilitate compliance with our anti- however, if they are truly bipartisan ilous moment for our country and the rest of money laundering and counterterrorist and if Congress continues to play its the planet. financing laws. important and necessary oversight Mr. ENGEL. Mr. Speaker, I yield 1 I would like to commend Congress- role. minute to the gentleman from Texas man TED BUDD for introducing the Na- Democrats and Republicans are com- (Mr. CASTRO), our colleague on the For- tional Strategy for Combating Terror- ing together on this bill, Mr. Speaker, eign Affairs Committee and a member ists, Underground, and Other Illicit Fi- to ensure that the President cannot of the Intelligence Committee. nancing Act, which is almost entirely alter sanctions toward Russia without Mr. CASTRO of Texas. Mr. Speaker, I incorporated in section 2 of the under- congressional review. This is critical at thank Ranking Member ENGEL for lying legislation. a moment when our allies are uncer- yielding. I would also like to recognize Con- tain about where this administration I also thank Chairman ROYCE for his gressman PEARCE and Congressman stands with respect to Russian aggres- leadership on the sanctions package. PITTENGER, the chairman and vice sion. The American people have been wait- chairman of the Terrorism and Illicit I remain open to additional sanctions ing some time for the sanctions pack- Finance Subcommittee of our com- on Russia’s energy sector at a later age to finally pass. mittee, whose leadership on these date if the Russian leader and his asso- This bill dials up our current sanc- issues has been instrumental to ciates fail to heed the message of this tions on North Korea, Iran, and Russia achieve the legislation that is before us bill that their business as usual cannot to hold their governments accountable today. and must not continue. for their destabilizing actions. Mr. Speaker, we know that Thomas Once this bill passes the Senate, as I The Russia piece in this package is Jefferson once famously said: ‘‘The believe it will, Russia will know that particularly necessary. Russia has fla- price of liberty is eternal vigilance.’’ sanctions levied because of its malevo- grantly violated international law by And that is indeed true. lent acts will be lifted only with the invading Ukraine and interfering in Thanks, in no small part, to the hard concurrence, either tacitly or ex- American and European elections. work of the Subcommittee on Ter- pressly, of the Congress of the United These sanctions are a clear signal that rorism and Illicit Finance, the bill be- States. There will be no side deals or the United States will hold President fore us today ensures that we remain turning a blind eye to its actions. Putin and his close associates account- vigilant to address the evolving threats This legislation, Mr. Speaker, will able for their actions. They are also a to our financial system. I am proud to also make it clear that Russia’s inter- declaration that Congress can and will support it and I encourage all Members ference in Ukraine comes with con- act, even when President Trump re- to support it. sequences, and it puts pressure on Iran fuses to do so. Again, I thank Chairman ROYCE for to end its ballistic missile program. In addition to these sanctions, Con- his leadership today on this bill and in In addition, it deters, hopefully, gress must continue to investigate to our committee. North Korea from pursuing its dan- determine the scope of Russia’s attack Mr. ENGEL. Mr. Speaker, I yield 3 gerous development of nuclear weapons on America’s democracy and establish minutes to the gentleman from Mary- and vehicles to deliver those weapons which Americans, if any, aided in those land (Mr. HOYER), who was instru- as close as the western part of this efforts. mental in putting this bill forward, country. Again, I thank Ranking Member who has been with us every step of the I urge my colleagues to support this ENGEL, Chairman ROYCE, and everyone way and so invaluable to this finished legislation and to send it to the Senate in this Congress who has supported product, the distinguished Democratic as quickly as possible. these sanctions. whip. Mr. ROYCE of California. Mr. Speak- Mr. ROYCE of California. Mr. Speak- Mr. HOYER. Mr. Speaker, I thank er, I wanted to recognize the good work er, I yield 2 minutes to the gentleman Ranking Member ENGEL for yielding. of the Democratic whip, Mr. STENY

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.015 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6265 HOYER, and also the Republican leader, Mr. ROYCE of California. That is my the State Department to reassess if KEVIN MCCARTHY, on this legislation understanding. North Korea should be on the State and to thank them. Mr. SESSIONS. Mr. Speaker, I want Sponsors of Terrorism list. Let us not Mr. HOYER. Will the gentleman to thank the gentleman, and I would forget that North Korea helped supply yield? thank him for his time on this col- Syria with chemical weapons. It has Mr. ROYCE of California. I yield to loquy. given Iran ballistic missiles and advice the gentleman from Maryland. Mr. ENGEL. Mr. Speaker, I now yield on how to develop its own nukes. Mr. HOYER. Frankly, all four of us— 11⁄2 minutes to the gentleman from North Korea and Iran’s evil coopera- yourself and your leadership, Mr. California (Mr. SHERMAN), one of my tion is even going on as we speak ENGEL, the majority leader, and I— senior colleagues on the Foreign Af- today. They are now working together were privileged to work together in a fairs Committee, the ranking member to develop an intercontinental ballistic way that, as I said at the beginning, of the Terrorism, Nonproliferation, and missile that can reach American was constructive and that, I think, has Trade Subcommittee. shores. resulted in a very good product. Mr. SHERMAN. Mr. Speaker, I thank This bill also puts China in the cross- Mr. ROYCE of California. Mr. Speak- the gentleman for yielding time to me. hairs. Chinese banks have enabled the er, I yield such time as he may con- Mr. Speaker, I rise in strong support Korean regime to avoid sanctions and sume to the gentleman from Texas (Mr. of this bill, which is really a combina- build its illegal weapons programs. SESSIONS), the chairman of the Rules tion of three bills. First, as to North China even provided the vehicle used to Committee, for the purpose of a col- Korea, it embodies a bill passed on this launch North Korea’s new ICBM. loquy. floor in May introduced by Chairman China also uses slave labor from ROYCE, Ranking Member ENGEL, Mr. North Korea to help North Korea avoid b 1500 YOHO, and myself from the Asia and sanctions already in place. China needs Mr. SESSIONS. Mr. Speaker, I want the Pacific Subcommittee. We will ex- to understand how its support for Kim to thank the chairman for yielding me pand our sanctions on North Korea’s will not only endanger the United this time, and I rise to applaud him for precious metals, minerals, jet fuel, States and South Korea, but it also en- the hard work and the responsible ac- coal, and across the board, and espe- dangers its own security. tions that the chairman has taken, not cially banking sanctions. Mr. Speaker, by targeting these only to ensure this piece of legislation But keep in mind, ultimately, we rogue nations, we show we will not go is prepared, but bettered and ready to have got to force China to decide away quietly in the darkness of silence. go back to the Senate. whether they are going to support And that is just the way it is. I think we have a forceful sanctions North Korea or whether they are going Mr. ENGEL. Mr. Speaker, I yield 11⁄2 bill that is before the House today, and to have access to American markets. minutes to the gentleman from Vir- one that targets not only Iran and Rus- We can’t let them have both. ginia (Mr. CONNOLLY), one of our senior sia, but also the North Korean regime. As to Iran, this bill designates the members on the Foreign Affairs Com- As you know, the bill that was passed entire Iran Revolutionary Guard Corps, mittee. by the Senate risked giving Russian as the Quds Force has already been des- Mr. CONNOLLY. Mr. Speaker, I energy firms a competitive advantage ignated, as subject to terrorism sanc- thank my friend, the distinguished across the globe by inadvertently deny- tions, and provides an arms embargo. ranking member, Mr. ENGEL. ing American companies access to neu- Let us remember that the real face of Mr. Speaker, today, this House comes tral third-party energy markets where this regime in Tehran is not their dap- together on a bipartisan basis to ad- there would simply be a small or de per foreign minister, but rather it is dress sanctions and the rules on the minimis Russian presence. the hundreds of thousands who have girding sanctions for North Korea, The bill before us today prevents died in Syria as a result of Iranian ac- Iran, and, most importantly perhaps, Russia from being able to weaponize tion. Russia. Importantly, because there has these sanctions against U.S. energy Speaking of countries that have sup- been a lot of doubt about whether this firms. I want to thank Chairman ROYCE ported Assad, finally and perhaps most Congress would ever again speak elo- for his hard work on this issue. importantly, this bill provides sanc- quently and forcefully about Russian I also want to ensure that we have an tions against Russia necessary because behavior. understanding of the definition of the of its action in the Ukraine and its in- Today, we answer that question. word ‘‘controlling’’ in section 223(d) of terference in our elections. Overwhelmingly, we say Russia’s be- H.R. 3364. For purposes of clarification We hit Russia in a very important havior is unacceptable in many ways, and legislative intent, the term ‘‘con- way by dealing with the technology not least of which is the incursion of trolling’’ means the power to direct, they would need to explore oil. Unfor- sovereign territory of its neighbors, determine, or resolve fundamental, tunately, even under this very strong specifically Georgia, Ukraine, includ- operational, and financial decisions of bill, it would take a two-thirds vote for ing Crimea. an oil project through the ownership of us to block a sanctions waiver should I vote easily and enthusiastically for a majority of the voting interests of our resolution be vetoed. the resolution today, but it must not the oil project. Mr. ROYCE of California. Mr. Speak- be construed, because it references the Mr. Speaker, I would ask the gen- er, I yield 2 minutes to the gentleman Minsk agreement, that that means tleman, the young chairman, if he from Texas (Mr. POE), chairman of the that we don’t mean to continue sanc- agrees with that definition. Foreign Affairs’ Subcommittee on Ter- tions on the Crimean invasion. We do. Mr. ROYCE of California. Will the rorism, Nonproliferation, and Trade. Mr. CHABOT and I, and I know the gentleman yield? Mr. POE of Texas. Mr. Speaker, I chairman and the ranking member of Mr. SESSIONS. I yield to the gen- thank the chairman, and I also thank our committee, will continue to be tleman from California. the ranking member for their work on vigilant on that until that illegal an- Mr. ROYCE of California. Yes. Yes, this legislation. nexation is ended. that is my understanding. Mr. Speaker, I have spoken to our Mr. Speaker, I commend the leader- Mr. SESSIONS. I want to thank the military leaders, and they said that the ship for bringing this resolution to the gentleman for not only this clarifica- biggest threat to the United States is floor, and I am proud today to be a tion, but making sure that we are most North Korea. Strategic patience is Member of this body and speaking with specific in what we are undertaking. over. It is time for strategic sanctions. one voice about Russian behavior and Mr. Speaker, I would also like to This bill will go a long way to tighten the need for sanctioning it. note that the Shah Deniz Pipeline and the screws on little Kim and bring the Mr. Speaker, this Congress does not trust the Southern Gas Corridor projects will dictator to his knees. We can no longer the President of the United States to manage continue to be able to bring gas from stand by meekly while North Korea U.S.-Russia relations. the Caspian Sea, which is a huge find, terrorizes the world. Case in point—the first major legislative ac- to our European allies, reducing their This bill includes my bill that has al- complishment of the Republican-led Congress dependency on Russian energy. ready passed the House that calls on in the Trump era will be a sanctions package

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 9920 E:\CR\FM\K25JY7.055 H25JYPT1 H6266 CONGRESSIONAL RECORD — HOUSE July 25, 2017 that limits, in every imaginable way, the presi- Ms. MAXINE WATERS of California. Additionally, a national strategy dent’s ability to appease Putin. Mr. Speaker, I thank Ranking Member should seek to enhance intergovern- President Trump and his administration ENGEL for his leadership and for yield- mental cooperation, to identify illicit have given the American public little reason to ing me time. I thank Chairman ROYCE financing trends, and to encourage trust them on all things Russia. for his leadership and the way that he Federal agencies to work with the pri- The President obstructed justice by firing has worked with our side of the aisle. vate financial sector to do the same. FBI Director James Comey, the law enforce- Mr. Speaker, I rise in support of the Mr. Speaker, this bill does these ment officer tasked with investigating illegal Russia, Iran, and North Korea Sanc- things and will go a long way in mak- collusion between the Trump campaign and tions Act, legislation that is des- ing sure we are keeping pace with the Russia. perately needed to prevent this admin- ever-changing terror finance landscape. Attorney General Jeff Sessions potentially istration from rolling back sanctions I would like to thank Chairman HEN- perjured himself by failing to disclose secret tied to Russia’s invasion of Ukraine SARLING for his extraordinary conserv- meetings with the Russian Ambassador. and interference in our election. ative leadership on the Financial Serv- Donald Trump, Jr. obscured a meeting he This bill’s enhanced sanctions on ices Committee and for helping to in- had with the Trump campaign’s chairman, the Russia are important in light of the ac- clude this language in the overall bill. president’s son-in-law, and Russian operatives tions of Russian President Vladimir Additionally, I want to thank the until forced his hand and Putin, not to mention the many ties chairman of the Terrorism and Illicit he had to publish emails that confirmed his between the Trump administration and Finance Subcommittee, Mr. PEARCE, collusion with individuals associated with Rus- the Kremlin. and for his support, and for my col- sian intelligence operations. In a recent development, the Treas- league, Ms. SINEMA, for her work on And now the president is attempting to in- ury Department confirmed that this as well. timidate his own Attorney General into pros- ExxonMobil violated existing Russian Mr. ENGEL. Mr. Speaker, I yield 1 ecuting political opponents and upending the sanctions while under the leadership of minute to the gentlewoman from Ari- Russia investigation. Rex Tillerson, who is now Donald zona (Ms. SINEMA), my friend on the Fi- Today, we will pass this sanctions package, Trump’s Secretary of State. Indeed, in nancial Services Committee. the strongest ever, and send a clear message 2014, Exxon signed documents related Ms. SINEMA. Mr. Speaker, I rise to President Putin that there are con- to oil and gas projects in Russia with today in support of H.R. 3364. The au- sequences to invading peaceful neighbors and Igor Sechin, president of Rosneft, a thoritarian regimes in Iran, Russia, attacking American democratic institutions. Russian state-owned oil giant. Sechin and North Korea continue to under- I reserve an important objection to the fact was one of the individuals subject to mine global peace and security and that this bill allows a waiver of Crimea-related sanctions. Exxon was fined a mere $2 threaten the safety of the United sanctions on the condition that the Minsk million—a slap on the wrist for a com- States and our allies. agreement is being implemented. pany that earned $7.8 billion in profits Russia’s coordinated efforts to under- Minsk does not mention Crimea, and there- mine democracies and free and fair fore its implementation should have no bear- in 2016. Russia is continuing its aggression in elections around the world is particu- ing on the U.S.-led effort to combat the illegal Ukraine. It is supporting the mur- larly troubling and demand a strong re- and forcible annexation of Crimea sovereign derous regime of Bashar al-Assad in sponse. Ukrainian territory. Syria. It interfered in the 2016 U.S. I thank Chairman ROYCE and Rank- However, I will vote for this bill because it ing Member ENGEL for their bipartisan sends a powerful and unified message to Rus- election. That is why we must strengthen the sanctions against Rus- legislation that counters these bellig- sia, Iran, and North Korea at time when the erent regimes and ensures strong over- foreign policy emanating from the White sia, and we must block Rex Tillerson and Donald Trump from waiving or sight by Congress and the American House is unsteady and confused. people. Mr. ROYCE of California. Mr. Speak- lifting those sanctions without review. Before closing, I would also note that The safety and security of our com- er, I yield 1 minute to the gentleman munities and our country must come from New Jersey (Mr. LANCE), a mem- the legislation before us also includes several measures championed by before partisanship. ber of the Committee on Energy and I also thank the chair and ranking Democrats on the Financial Services Commerce. member for introducing our bipartisan Committee. These provisions will focus Mr. LANCE. Mr. Speaker, I rise legislation introduced with Congress- the government on creating a national today in strong support of this sanc- man BUDD to establish a whole-of-gov- strategy to combat the financing of tions bill. The governments of Iran, ernment strategy to combat the fi- terrorism, enhance Treasury’s tools for North Korea, and Russia do not share nancing of terrorism. American values or interests and are combating money laundering vulnera- Current U.S. efforts to counter the fi- active threats to our national security. bilities such as the well-known risk in nancing of terrorism lack sufficient co- These regimes will see a united mes- high-end real estate, and help address ordination, and the U.S. has no unified sage from the Congress of the United the de-risking trend that is driving national strategy to guide our counter- States with an overwhelming vote in fund transfers into the shadows. financing efforts. Money is the life- Mr. ROYCE of California. Mr. Speak- favor of strong sanctions. blood of any organization. We must es- er, I yield 1 minute to the gentleman Iran is the world’s leading state spon- tablish a comprehensive and effective from North Carolina (Mr. BUDD), a sor of terrorism. North Korea, the most strategy to deny money to terrorists. member of the Committee on Financial dangerous and isolated place on Earth, This strategy will enhance detection, Services. has tested long-range missiles dem- deterrence, and prosecution and ulti- Mr. BUDD. Mr. Speaker, I rise today onstrating a frightening potential to mately strengthen our broader na- in strong support of H.R. 3364. In par- target our West Coast. Russia has in- tional security goals. ticular, I am proud of the bipartisan tolerably involved itself in our Na- Mr. Speaker, I thank the chair and language in the bill which would create tion’s democratic electoral process. Its ranking member for advancing this im- a national strategy for combating ter- invasion of Crimea and actions in portant bipartisan national security rorism and illicit finance. The financ- Ukraine are totally unacceptable. bill, and I urge my colleagues to vote ing of terrorism and related forms of il- Mr. Speaker, let us act decisively ‘‘yes.’’ today and put these states on notice: licit finance present a direct threat to Mr. ROYCE of California. Mr. Speak- violate international law by threat- our national security and financial sys- er, I reserve the balance of my time. ening the United States and thereby tem. face the consequences. It is critical for the government to b 1515 Mr. Speaker, I urge a ‘‘yes’’ vote. create and maintain a unified strategy Mr. ENGEL. Mr. Speaker, I yield 1 Mr. ENGEL. Mr. Speaker, I now yield to fight financial crime, both to ac- minute to the gentleman from Ohio 2 minutes to the gentlewoman from commodate new and developing threats (Mr. RYAN), my friend on the Appro- California (Ms. MAXINE WATERS), the and to help Congress develop legisla- priations Committee. ranking member of the Financial Serv- tive and funding priorities now and in Mr. RYAN of Ohio. Mr. Speaker, I ices Committee. the future. want to thank the chairman and the

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.016 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6267 ranking member for their leadership on First, it would impose tough sanc- Mr. ROYCE of California. Mr. Speak- this. tions on Russia for its serious inter- er, I yield myself such time as I may This clearly is a big issue pressing national violations, the seizure of Cri- consume. the country, and I just wanted to rise mea, its violent incursion into Mr. Speaker, in closing, I would like in support of what is happening here Ukraine, its cyber interference in the to again thank my colleagues; the today; of taking a firmer stance on 2016 U.S. election. Perhaps most impor- ranking member of the Foreign Affairs Russia, Iran, and North Korea; trying tantly, in the present context, it would Committee, Mr. ENGEL; our counter- to stabilize the peninsula; trying to prevent President Trump from remov- parts, Senators CORKER and CARDIN; take care of the funding that is coming ing or softening existing sanctions the majority leader, Mr. MCCARTHY; out of Iran to all of these terrorist without congressional approval. the minority whip, Mr. HOYER; as well groups across the country and across Second, the bill addresses Iran’s un- as the leadership on both sides of the the world. acceptable behavior in the non-nuclear aisle in the other body. They deserve What is happening with these sanc- realm, such as ballistic missile devel- credit for their efforts. tions here in the targeting of Russian opment, human rights violations, fi- Let me also say it is critically impor- gas pipelines—their number one ex- nancing of terrorism, without violating tant that we stand shoulder to shoulder port—I think is entirely appropriate. the nuclear deal with Iran. with our European allies encountering The Nord Stream 2, which carries gas The JCPOA celebrated its second an- Russian aggression. That is why, in the from Russia through the Baltics to niversary 2 weeks ago. It has given the bipartisan House-Senate negotiations, Germany—and I know Germany isn’t international community 24/7 access to we secured important changes to im- happy about it, but this is something Iran’s nuclear sites, provided an en- prove transatlantic cooperation. So I that we have to do. forcement mechanism to ensure that am confident that, under the text of The point I want to make is that we Iran’s nuclear-related activity is solely this House bill that we will pass today, have to address this issue in a com- peaceful, and elongated Iran’s breakout these concerns have been addressed. prehensive way. We must continue to time to over a year. It has made the Let me also say that every time focus on how we get our gas here in the world a safer place. North Korea tests a ballistic missile or United States, our natural gas to Eu- The SPEAKER pro tempore. The a nuclear device, it gets closer to hav- rope, to our allies, so they are not so time of the gentleman has expired. ing the ability to strike the U.S. main- dependent on Russia. We have got to Mr. ENGEL. Mr. Speaker, I yield an land with a nuclear weapon. For years, the policies of successive have the sanctions, but we also have additional 30 seconds to the gentleman administrations have failed to get got to be shipping liquid natural gas to from North Carolina. Mr. PRICE of North Carolina. Mr. North Korea to change. some of these allies of ours so they are Speaker, as the United States con- Why? not so dependent on the Russians, tinues to monitor the JCPOA and Because diplomatic pressure has been which is part and parcel of this entire Iran’s behavior, it is important that applied only in spurts. It has been lift- approach. Congress continue to refrain from ac- ed prematurely for North Korean prom- Mr. ROYCE of California. Mr. Speak- ises that have never materialized. er, I reserve the balance of my time. tions that would violate the deal, threaten the deal, or impose careless So we need leverage, and leverage Mr. ENGEL. Mr. Speaker, it is now comes from real sustained pressure. my pleasure to yield 1 minute to the sanctions that—under the guise of being tough on Iran—would make the That is why I have authored tough new gentlewoman from Illinois (Ms. SCHA- United States less safe. sanctions to crack down on the regime, KOWSKY), a respected member of the This legislation meets that test, and to shut off the regime’s access to the Energy and Commerce Committee. hard currency it needs to fund its nu- Ms. SCHAKOWSKY. Mr. Speaker, I I urge its adoption. Mr. ROYCE of California. Mr. Speak- clear program, and we have included thank the gentleman for yielding. er, I reserve the balance of my time. that in this bill. I rise in support of today’s sanction Mr. ENGEL. Mr. Speaker, I yield my- These sanctions passed in this House legislation, which I am so happy to find self such time as I may consume. in May by a vote of 419–1, and it is time has complied with the Iran nuclear On Vladimir Putin’s orders, Russia for the other body to pick them up. By agreement, something I worked very attacked American democracy last including these North Korean sanc- hard on, as did many here. year. That makes Russia a threat to tions in the legislation, we ensure that Experts, the international commu- this country, just like Iran, just like our colleagues do so. nity, and even some of President North Korea. We cannot afford any more delay, Trump’s own advisers agree that the When the United States faces a real and that is why I worked with the Iran nuclear agreement is working. In threat, we have an obligation to re- other body to make small changes to June, the International Atomic Energy spond. So far, a response to Russia has the North Korean sanctions in this bill, Agency certified that Iran is within the fallen far short. That ends with this to ensure swift passage in both Houses. limits set by this historic deal. There legislation. I am confident this bill, including the are serious issues left to be addressed Along with Pyongyang and Tehran, North Korean sanctions bill, will soon with Iran, especially in regards to Moscow needs to understand that if become law. human rights violations and ballistic you violate international law, you Let me say that congressional en- missiles, which this bill covers. threaten the security of the United gagement in foreign affairs is strongest The Iran deal took Iran’s nuclear States and our allies, there will be con- when we all speak with one voice. I weapons off the table and allowed us to sequences. urge my colleagues to vote in favor of deal with these remaining challenges. Now, I wish we were going to pass the bill and join us in sending a clear Withdrawing or violating the agree- this incentive to the President’s desk message to Vladimir Putin, to Kim ment would be an enormous mistake. today. So after we vote today, leaders Jong-un, and to the radical regime in This bill upholds our agreement with in both houses have an obligation to Tehran that efforts to threaten the Iran while also holding Russia and clear away any remaining issues and United States and to destabilize our al- North Korea accountable for their ac- get this bill signed into law as soon as lies will be met with a united American tions. possible. response. Mr. Speaker, I urge all of my col- So long as Russia remains a threat, Mr. Speaker, I yield back the balance leagues to support this legislation. so long as Iran and North Korea defy of my time. Mr. ROYCE of California. Mr. Speak- global norms with their destructive Ms. JACKSON LEE. Mr. Speaker, I rise er, I reserve the balance of my time. agendas, none of us are off the hook. today in support of H.R. 3364 or the bill enti- Mr. ENGEL. Mr. Speaker, I yield 1 I want to also thank the Democratic tled ‘‘Russia, Iran, and North Korea Sanctions minute to the gentleman from North leader, Ms. PELOSI, for her advice and Act.’’ Carolina (Mr. PRICE). counsel on this bill. Let’s pass this bill As a senior member of the Committee on Mr. PRICE of North Carolina. Mr. and keep pressing this bill forward. Homeland Security and its Subcommittees on Speaker, I rise to stress two critical as- Mr. Speaker, I yield back the balance Counterterrorism and Intelligence, and Cyber- pects of this legislation. of my time. security, Infrastructure Protection, and Security

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 9920 E:\CR\FM\K25JY7.060 H25JYPT1 H6268 CONGRESSIONAL RECORD — HOUSE July 25, 2017 Technologies, I am reminded daily that there Finally, H.R. 3364 clamps down on North ation were lifted by President Trump. This leg- are actors and nation-states that threaten the Korea by updating and expanding sanctions in islation rectifies that situation by re-imposing security of our nation. direct response to its repeated aggression. those sanctions and ensuring that they cannot Within the past year, the United States has In addition, H.R. 3364 also makes it more be removed without congressional consultation experienced a series of aggressions that difficult for North Korea to secure the funding and consent. threaten not only our nation’s security, but for its illegal weapon program. In addition, Russia continues to threaten its also the very democratic principles that are Mr. Speaker, it is time that this body acts to neighbors, especially Ukraine, for which eco- the foundation upon which our country was show that the United States will not tolerate nomic and military sanctions are now in place. built. and will respond to threats to our homeland, But I am somewhat reluctant in my support These hostile acts have been orchestrated our national security. for this legislation because of the provisions and perpetrated by our long-time adver- That is why I urge all Members to join me included on Iran. Like all my colleagues, I am saries—Russia, Iran, and North Korea. in voting for H.R. 3364. worried about Iran’s continued testing and de- Within that short time span, their actions Mr. BLUMENAUER. Mr. Speaker, today I velopment of ballistic missile technology. It is have been so egregious that it is inexcusable voted for H.R. 3364, the Countering America’s threatening and provocative to Iran’s neigh- that this administration has failed to respond Adversaries Through Sanctions Act (Roll no. bors and the region. I also oppose Iran’s sup- to these acts of aggression with strength and 413). This legislation is an important step for- port for regional militant and terrorist organiza- resolve. ward in punishing Russia for its annexation of tions, and for choosing to side with the brutal Mr. Speaker, U.S. intelligence agencies Crimea in 2014 and for the country’s alleged regime of Bashir al-Assad in the Syrian con- have confirmed that Russian hackers interference in the 2016 United States presi- flict, as did Russia. I do support, however, Iran’s continuing launched cyberattacks during one of the most dential election. compliance with the terms of the Joint Com- sacred processes in our republic—the U.S. The bill also updates and expands sanctions prehensive Plan of Action (JCPOA)—or the presidential election. on North Korea at a time when the country Iran nuclear deal. I worry that the sanctions Specifically, we know that Russia was be- continues to pursue dangerous weapons pro- against Iran included in this bill will be used hind the cyber theft of DNC documents and grams. and manipulated to undermine the JCPOA. I that Russian hackers intentionally targeted 21 Further, I commend leadership and com- U.S. state election systems during the 2016 am worried that we now have a president and mittee members in the House and Senate for an Administration actively seeking to abrogate presidential campaign. ensuring that the Iran sanctions portion of this This administration refused to acknowledge this international nuclear agreement. And I legislation does not violate the Joint Com- strongly oppose any action that would violate, Russia’s tampering in last year’s election until prehensive Plan of Action (JCPOA) reached it became impossible to deny what everyone let alone abandon, the JCPOA. between Iran, the United States, and five The Trump Administration—and the White knows to be true. major world powers, including Russia and House in particular—seem hell-bent on putting Further, Iran’s support of groups who ac- China. While the Iranian ballistic missile pro- tively operate against U.S. interests is dis- us on a path that leads to yet another costly gram is deeply concerning and must be ad- war in the Middle East and to a nuclear-armed turbing even in the face of the implementation dressed, undermining the nuclear agreement, Iran. This would be a calamity of the greatest of the JCPOA in January 2016. which has forced Iran to remove thousands of order, one that would place our friends and al- North Korea is growing increasingly bellig- centrifuges from service and halt all uranium erent, launching 17 missiles since the begin- lies in the region in even greater danger than enrichment, would be a mistake of tragic pro- what they now face. We must not go there. ning of this year as it attempts to improve its portions. While I will vote in favor of H.R. 3364, I do missile capabilities with each launch. The bipartisan support for the bill should be so with grave misgivings about how President Although North Korea has launched missiles a signal to the administration to refrain from Trump will seek to exploit the sanctions in the past, never have they occurred in such taking action that would encourage Iran to against Iran provided in this bill to violate U.S. a rapid, unpredictable succession. change course. obligations under the JCPOA, which will, in In a show of bipartisanship, our counterparts To be sure, Iran has some unsavory turn, give permission to Iran to develop a nu- in the Senate led the charge in adopting legis- hardline people in key positions of leadership, clear weapon, and bring us all to the brink of lation that would stop Russia, Iran, and North but these hardliners just suffered a major de- war in the Middle East. Korea from operating with such impunity. The SPEAKER pro tempore. The On June 15, 2017, the Senate passed an feat in the Iranian elections. President Hassan Rouhani has been a voice of and a force for question is on the motion offered by amended version of S. 722, the ‘‘Countering the gentleman from California (Mr. Iran’s Destabilizing Activities Act of 2017’’ that moderation—and people voted for him. We must proceed with the utmost caution ROYCE) that the House suspend the not only penalizes Iran but also punishes Rus- and develop a thoughtful approach to ensure rules and pass the bill, H.R. 3364. sia for its interference in the 2016 U.S. presi- we continue to keep Iran away from the nu- The question was taken. dential election. clear threshold, while also countering the re- The SPEAKER pro tempore. In the The fact that that legislation was passed opinion of the Chair, two-thirds being gime’s nefarious activities. 98–2 demonstrated congressional willingness in the affirmative, the ayes have it. Mr. MCGOVERN. Mr. Speaker, I rise in sup- to set clear boundaries for what is and is not Mr. ROYCE of California. Mr. Speak- port of H.R. 3364—but with reservations. acceptable behavior especially for our adver- er, on that I demand the yeas and nays. I strongly support the section of this bill that saries. The yeas and nays were ordered. The House must act just as decisively by provides a role for the Congress before any The SPEAKER pro tempore. Pursu- passing H.R. 3364. president may waive sanctions or provide re- ant to clause 8 of rule XX, further pro- H.R. 3364 will work to avert and penalize lief from sanctions against Russia. Russia ceedings on this motion will be post- any threat posed by adversaries in several sought to undermine America’s 2016 election. poned. It attempted to subvert our democracy. It did ways. f One of the most important provisions of this so deliberately, methodically, and ruthlessly, act is that it will prevent the Trump Administra- spreading lies and misinformation and exploit- PROVIDING FOR CONGRESSIONAL tion from repealing existing Obama-era Rus- ing weaknesses in computer systems and DISAPPROVAL OF THE RULE sian sanctions tied to Ukraine and election in- records to steal private information and re- SUBMITTED BY BUREAU OF CON- terference. lease it in sensationalistic fashion. SUMER FINANCIAL PROTECTION H.R. 3364 will also impose new sanctions These attacks against our democracy were RELATING TO ARBITRATION on Russia while strengthening other sanctions. and are totally unacceptable and must be con- AGREEMENTS Furthermore, it will require congressional demned. I remain bewildered that the current Mr. HENSARLING. Mr. Speaker, pur- oversight for altering sanctions related to Rus- president of the United States still fails to ac- suant to House Resolution 468, I call up sia. knowledge that these actions happened and the joint resolution (H.J. Res. 111) pro- With respect to Iran, H.R. 3364 will mandate that the Russian government, at the very high- viding for congressional disapproval new sanctions on those who support the de- est level, is responsible—even though there is under chapter 8 of title 5, United velopment of Iran’s ballistic missile program. a consensus among all U.S. domestic and States Code, of the rule submitted by H.R. 3364 requires the imposition of sanc- international intelligence and law enforcement Bureau of Consumer Financial Protec- tions on Iran for human rights violations as agencies that this is the case. tion relating to ‘‘Arbitration Agree- well as sanctions on the Islamic Revolutionary Sanctions imposed by the Obama Adminis- ments’’, and ask for its immediate con- Guard Corps. tration in response to this multifaceted oper- sideration.

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.017 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6269 The Clerk read the title of the joint What the Bureau and the wealthy small community banks and credit resolution. trial lawyers want is to take away ar- unions. I have a statement that has The SPEAKER pro tempore. Pursu- bitration for consumers and, instead, been published already from the Inde- ant to House Resolution 468, the joint force them into class action lawsuits, pendent Community Bankers of Amer- resolution is considered read. which just so happens to require con- ica. They are not Wall Street. This is The text of the joint resolution is as sumers to hire the very trial lawyers small town community banks, and follows: who will benefit most from this rule. their statement says they strongly op- H.J. RES. 111 Americans were promised a Con- pose the CFPB rule. Resolved by the Senate and House of Rep- sumer Financial Protection Bureau, Also, I have a statement from the resentatives of the United States of America in but, instead, they obviously got a trial Credit Union National Association— Congress assembled, That Congress dis- lawyer enrichment bureau. Oh, by the again, Mr. Speaker, not Wall Street, approves the rule submitted by the Bureau of way, the director of this swampy bu- but credit unions, our neighborhood Consumer Financial Protection relating to reaucracy rushed this regulation onto credit unions. They say that the ‘‘Arbitration Agreements’’ (82 Fed. Reg. 33210 the books because it is widely reported CFPB’s rule will limit options for re- (July 19, 2017)), and such rule shall have no solving disputes and could increase the force or effect. he is on the way out the door to run for political office in Ohio. number of frivolous lawsuits and that The SPEAKER pro tempore. The gen- Let’s be clear, Mr. Speaker, one ac- credit union members ‘‘could suffer tleman from Texas (Mr. HENSARLING) countable bureaucrat has decided that when costs rise and resources are de- and the gentlewoman from California he knows better than the American pleted as a result of this rule.’’ (Ms. MAXINE WATERS) each will control people, and he has acted unilaterally to Indeed, the CFPB, itself, estimates 30 minutes. dictate the terms of contracts in a way its final rule will increase costs for The Chair recognizes the gentleman that will actually increase consumer American businesses over $1 billion per from Texas. costs and reduce consumer choice. In a year. That is money that our commu- GENERAL LEAVE free and Democratic society, no one nity banks and credit unions won’t be Mr. HENSARLING. Mr. Speaker, I unelected individual should possess able to lend to our small businesses, to ask unanimous consent that all Mem- this much power. our families, and to American workers. The CFPB’s rule is bad for con- bers have 5 legislative days to revise Mr. Speaker, making consumers pay sumers, it is bad for community banks, and extend their remarks and submit more for less is the exact opposite of it is bad for credit unions, and it is bad extraneous material on the bill under consumer protection, but it is exactly for our economy. Washington should be consideration. what this regulation means for every focused on creating more jobs, not The SPEAKER pro tempore. Is there American. more class action lawsuits. objection to the request of the gen- This regulation will perpetuate a jus- tleman from Texas? So, Mr. Speaker, it is time to fight tice gap that takes away a quicker, the bureaucratic swamp. It is time to There was no objection. less expensive legal option for low-in- Mr. HENSARLING. Mr. Speaker, I pass the resolution offered by the gen- come and middle-income Americans. tleman from Pennsylvania (Mr. yield myself such time as I may con- Even the CFPB’s own study says this: sume. ROTHFUS). I appreciate his leadership the Bureau’s own study found that 87 in helping protect consumers instead of Mr. Speaker, hardworking Americans percent of the class actions it exam- want something different in their Na- enriching trial lawyers. ined resulted in no consumer benefit Mr. Speaker, I reserve the balance of tion’s Capital. They want to change whatsoever. In the mere 13 percent my time. the toxic culture in Washington, D.C., that actually provided some benefit, Ms. MAXINE WATERS of California. that for far too long has allowed unac- Mr. Speaker, the average payout per Mr. Speaker, I yield myself such time countable bureaucrats to overreach consumer was $32. as I may consume. and overregulate. How much did the trial attorneys Mr. Speaker, H.J. Res. 111 is an af- The best way we can change Wash- make? front to hardworking Americans across ington is to begin to drain the bureau- 31,000 times that amount. the country. Using the Congressional cratic swamp, but it is not easy be- So, again, Mr. Speaker, we have an Review Act, this joint resolution re- cause we have seen in the last 6 months average payout of $32 for the con- peals the Consumer Financial Protec- the swamp fights back. The most re- sumers and millions for the trial attor- tion Bureau’s final rule to curb forced cent example of this is a rule issued by neys. So no wonder the powerful trial arbitration clauses in contracts for one of the swampiest of Washington attorneys lobby is so eager to see this consumer financial products. bureaucracies, the Orwellian-named rule go into effect. Today, many banks require con- Consumer Financial Protection Bu- The Bureau’s own study also con- sumers wanting to open a bank ac- reau. cludes that arbitration is less expen- count, get a credit card, or take out a We all know that this is a rogue sive for consumers and up to 12 times private student loan to enter into agency with a checkered past, chock- faster than litigation. forced arbitration agreements that full of rampant allegations of abuse, take away their rights to collectively b 1530 racial and gender discrimination, and sue the bank for any harm. Instead, Big Government nannyism, which con- Consumers who obtain relief in arbi- consumers must go through bank- stantly makes credit more expensive tration recovered in a CFPB study an friendly arbiters to resolve their griev- and less available to hardworking average of $5,389. Again, Mr. Speaker, ances. These contracts are literally Americans. compare that to $32 the average con- buried deep into the fine print, en- Mr. Speaker, so radical is this agency sumer received under the CFPB study. shrouded in legalese. Consumers don’t and so extreme in lacking account- Now, we are about to hear from some know what they are giving up—but the ability that a three-judge panel of the Members on the other side of the aisle banks do. D.C. Circuit Court of Appeals declared that somehow consumers will lose Arbitration proceedings, which hap- the Bureau’s governing structure un- their day in court and that somehow pen behind closed doors, have no judge constitutional. big banks will be helped. The CFPB’s and no jury. Their proceedings and Now, this unaccountable bureaucracy own study shows that not a single class their outcomes heavily favor big busi- has joined forces in an unholy alliance action it examined, not a single one, nesses and Wall Street. Studies have with one of the Democratic Party’s fa- resulted in trial by a judge or a jury. shown that forced arbitration favors vorite special interest groups; namely, So no consumer got his or her day in big business and results in less com- the trial lawyers lobby. And this un- court under the Bureau’s preferred pensation for American consumers who holy alliance will specifically deprive class actions. Instead, we know con- have been abused or defrauded, if they consumers of a low-cost, easy way to sumers are far more likely to obtain receive any at all. resolve legal disputes that can be ac- decisions on the merits in arbitration. Simply put, forced arbitration is an complished without hiring trial attor- With this rule, we once again see our instrument that benefits large corpora- neys. colleagues in the other party hurting tions and Wall Street banks, and it

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.062 H25JYPT1 H6270 CONGRESSIONAL RECORD — HOUSE July 25, 2017 hurts consumers. For example, every- leadership on getting this legislation sesses more unilateral authority than body remembers Wells Fargo. Wells to the floor. any single commissioner or board Fargo continues to use forced arbitra- Mr. Speaker, the CFPB’s member in any other independent tion to prevent consumers from work- anticonsumer, anti-arbitration, pro- agency in the U.S. Government. ing together to sue the bank for open- trial lawyer rule is just the latest ex- It has long been understood that ex- ing up millions of fraudulent accounts ample of the harm that can be done by peditious, fair resolution of disputes is using their personal information. Just an out-of-control, Washington-knows- in the public interest and part of the weeks ago, the Consumer Bureau used best bureaucracy. This is a teaching public policy of this country. The a critical rule to finally clamp down on moment for the country about how, CFPB rule we are reviewing today forced arbitration clauses. The Con- when elites in Washington pander to challenges that premise, as did the sumer Bureau should be applauded for special interests, they end up hurting Dodd-Frank section that spawned this taking this step to help consumers by the very people they claim to be pro- rule. But it is the people, acting fully restoring their legal rights. tecting. through their elected Representatives, Once again, the Consumer Bureau We all want fairer outcomes for con- who have the final say in this matter. has acted to make our financial mar- sumers, but the CFPB’s unfair, decep- The SPEAKER pro tempore. The ketplaces fairer and transparent. As is tive, and abusive rule will deprive mil- time of the gentleman has expired. their practice, the Consumer Bureau lions of Americans of a convenient, Mr. HENSARLING. Mr. Speaker, I issued this rule after careful delibera- fast, and effective way to resolve their yield the gentleman from Pennsylvania tion and exhaustive review. As part of disputes. an additional 30 seconds. this deliberative process, they issued a According to the CFPB’s own study, Mr. ROTHFUS. Mr. Speaker, I intro- 728-page report on the issue, considered only 13 percent of class actions pro- duced H.J. Res. 111 so that Congress views from all stakeholders, and con- vided a benefit to consumers, and the can, through the Congressional Review sulted carefully with the other Federal average payout was—get this—$32. How Act, strike down this unfair, deceptive, financial regulators. is that pro-consumer? The same study, and abusive rule and push back against The Consumer Bureau’s final rule has on the other hand, showed that con- an out-of-control agency. I ask my col- widespread support, including from sumers who obtain relief through arbi- leagues to support this legislation and over 310 consumer, civil rights, faith- tration recover over $5,300, on average. stand for consumers, fairness, and the based, and senior groups, 256 law pro- Again, that is $5,300 in arbitration American economy. fessors and scholars, and the Military against $32 through a class action. Mr. HENSARLING. Mr. Speaker, I Coalition, an organization that rep- Meanwhile, trial lawyers in class ac- ask unanimous consent that the gen- resents 5.5 million current and former tions earn about $1 million, on average. tleman from Missouri (Mr. LUETKE- servicemembers and their families. Consider that—$1 million for the plain- MEYER) be allowed to control the re- Now, this rule was just finalized, but tiffs’ lawyers, a $32 coupon, $32 cash, mainder of my time. congressional Republicans are already for a consumer. In other words, trial The SPEAKER pro tempore. Is there shamefully forging ahead to cut it off lawyers stand to earn 31,000 times more objection to the request of the gen- at the knees. This resolution wouldn’t than a consumer in a class action. tleman from Texas? just nullify the rule, it would also pre- In arbitration, however, consumers There was no objection. vent the Consumer Bureau from ever get meaningful relief. Yet the CFPB Ms. MAXINE WATERS of California. issuing a rule that is ‘‘substantially has finalized a rule that would effec- Mr. Speaker, I yield 11⁄2 minutes to the similar.’’ That means, if Republicans tively get rid of arbitration and pro- gentlewoman from New York (Mrs. pass this resolution into law, then, for mote class actions as the preferred dis- CAROLYN B. MALONEY), who is a senior the foreseeable future, consumers will pute resolution process. This hardly member of the Financial Services Com- be robbed of important legal rights and seems fair. mittee and ranking member of the Sub- generally left at the mercy of industry- The CFPB’s anti-arbitration rule is committee on Capital Markets, Securi- friendly auditors. an invitation to trial lawyers to take ties, and Investments. Let’s be clear. There is absolutely no all they can get. Banks, credit unions, Mrs. CAROLYN B. MALONEY of New valid public policy rationale for repeal- and other businesses that American York. Mr. Speaker, I thank the rank- ing this rule. It is a part of a pattern consumers interact with on a daily ing member for yielding to me and for from congressional Republicans of irra- basis will be forced to hold greater re- her leadership on this committee and tional hostility toward the Consumer serves because of the risk of future in so many other ways. Bureau and its work and a callous dis- costly litigation. This will increase Mr. Speaker, I rise today in strong regard for the issues facing America’s opposition to this resolution. My consumers. But just as they have with costs for consumers, and it will lead to friends on the other side of the aisle the ‘‘Wrong’’ CHOICE Act, Republicans less access or more expensive financial keep talking about what this bill does, are pushing an anticonsumer agenda services for millions of Americans. It but let me tell you what it does not do. that puts profits over people. could also harm the safety and sound- Enough is enough. We must hold true ness of the financial system, according I want to be absolutely clear that to a fundamental principle of our de- to the Comptroller of the Currency, this rule does not say that arbitration mocracy that each of us has a right to one of the main Federal banking regu- is bad for consumers, and it does not trial if we so choose. The rule fully re- lators. say that consumers can’t use arbitra- stores this right to American con- The Dodd-Frank Act requires that tion. The only thing that the CFPB’s sumers by giving them a choice be- any move by the CFPB to regulate ar- rule says is that financial institutions tween arbitration or the free exercise bitration agreements needs to be in the cannot force consumers to waive their of their Seventh Amendment right to a public interest and for the protection right to participate in class action law- trial by jury through whatever means of consumers. I fail to see how forcing suits and only use arbitration. This they choose. consumers to accept a coupon for their protects an individual customer’s So I urge all of my colleagues to vote troubles and handing millions of dol- rights. This is critically important be- ‘‘no’’ on this senseless and harmful res- lars in payouts to trial lawyers meets cause the evidence shows that con- olution, and I reserve the balance of either of those goals. sumers receive a great deal more relief my time. Only at the CFPB could endangering from class action litigation against in- Mr. HENSARLING. Mr. Speaker, I local banks and credit unions and re- stitutions than they do in arbitration. am pleased to yield 3 minutes to the stricting consumer access to financial So my friends on the other side of the gentleman from Pennsylvania (Mr. services be cast as a win for the Amer- aisle always say that they believe in ROTHFUS), who is the sponsor of the ican people. But, again, this is what consumer choice and customer choice legislation and vice chairman of our you get from the least accountable and that customers should be able to Financial Institutions and Consumer agency in history, an agency with, ac- choose what is best for them and not be Credit Subcommittee. cording to the D.C. Circuit Court of Ap- dictated to by this Congress, but man- Mr. ROTHFUS. Mr. Speaker, I thank peals, massive and unchecked power datory arbitration clauses restrict the chairman for yielding and for his that is headed by a Director who pos- choice for consumers. They prohibit

VerDate Sep 11 2014 02:35 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.064 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6271 consumers from choosing class action Mr. Speaker, I yield 1 minute to the from the Republicans in Congress. lawsuits over arbitration. gentlewoman from California (Ms. Democrats are going to fight back. We The SPEAKER pro tempore. The PELOSI), the distinguished leader and a will fight to protect hardworking time of the gentlewoman has expired. strong supporter of consumers and the American consumers. We will fight to Ms. MAXINE WATERS of California. Consumer Financial Protection Bu- put leverage back into the hands of the Mr. Speaker, I yield the gentlewoman reau. American people. an additional 10 seconds. Ms. PELOSI. Mr. Speaker, I com- Who has the leverage? If I am a fi- Mrs. CAROLYN B. MALONEY of New mend my distinguished ranking mem- nancial institution and I know that York. The CFPB’s rule would restore ber of the Financial Services Com- you have no leverage, that you cannot this consumer choice, further empow- mittee for her brilliant leadership, for act in a class action way, you can just ering people, customers, empowering her bipartisanship, and for always try- imagine what I have in store for you. them to make their own decisions for ing to find a way to help America’s But if I think you have leverage and themselves. This should be welcomed consumers and protect America’s tax- you can act in a different way and not by any American. This should be wel- payers. be forced into arbitration, I might have comed. Mr. Speaker, I am very sad today be- more respect for our financial relation- Mr. Speaker, I urge a ‘‘no’’ vote on cause of what is happening on both ship with each other. this resolution. sides of the Capitol. The cruelty, care- We will put the leverage back in the Mr. LUETKEMEYER. Mr. Speaker, I lessness, and contempt Republicans are hands of the American people. We will yield myself such time as I may con- showing for working families boggles fight this resolution. I call upon my sume. the mind. Now, Senate Republicans are Republican colleagues to join Demo- Mr. Speaker, I rise today in support careening toward shattering the crats in voting ‘‘no’’ because this bill is of this resolution which would block healthcare of millions of Americans, an unfair and unjust bill. the Consumer Financial Protection Bu- with no regard or appreciation for the Who is it unfair to? America’s work- reau from denying the American people consequence. ing families, America’s consumers, and use of arbitration as a means to resolve Every chance they get, they stack America’s taxpayers. consumer complaints. the deck against America’s working I urge a ‘‘no’’ vote. I went to the CFPB website last families. Here, on this side of the Cap- Mr. LUETKEMEYER. Mr. Speaker, I night, and the first thing I saw read: itol, Republicans are stacking the deck yield 2 minutes to the gentleman from ‘‘We are the Consumer Financial Pro- even further against America’s work- Michigan (Mr. HUIZENGA), chairman of tection Bureau, a U.S. Government ing families by seeking to deny those the Capital Markets, Securities, and agency that makes sure banks, lenders, families their fundamental right to ob- Investments Subcommittee. and other financial companies treat tain justice in court. Mr. HUIZENGA. Mr. Speaker, let’s you fairly.’’ Eight years ago, unchecked reckless- talk about a stacked deck: trial attor- If we handed out grades to govern- ness on Wall Street ignited a financial neys putting cash over conscience. ment agencies based on their ability to meltdown that devastated families That is not the answer that we are in across the country. Democrats proudly meet a mission statement, the CFPB search of, but it is the answer that oth- took bold action and passed Dodd- would most decidedly receive an F. ers who are opposed to this certainly Frank, the strongest set of consumer That is because the Bureau’s arbitra- are. financial protections in history. But tion rule does absolutely nothing to en- The CFPB, the so-called Consumer today, House Republicans are once sure that consumers are treated fairly. Financial Protection Bureau, has a again trying to destroy those protec- In fact, this rule is proof of what House study itself that shows that consumers tions for America’s consumers. Republicans have said for years: the who actually use arbitration reach CFPB does not operate in the best in- Last month, Republicans passed what we called the ‘‘Wrong’’ CHOICE Act, more favorable outcomes than those terests of the American consumers. who are roped into lawsuits with cash- The Bureau’s own study, which we the Dodd-Frank repeal, which was a giveaway to the financial industry at starved trial lawyers. have cited several times already and It is astounding that only 13 percent will continue to cite, shows that arbi- the expense of hardworking families. Republicans are waging a war on the of these lawsuits provide any benefit to tration helps consumers and that the actual consumers, but the Bureau is alternatives are far less successful. Consumer Financial Protection Bu- reau, a bureau that has returned nearly still pushing this ill-advised rule. Arbi- b 1545 $12 billion to 29 million wronged Amer- tration decisions also come much more Mr. Speaker, the truth of the matter icans, many of them seniors, veterans, quickly for consumers. Again, the Bu- is that this rule is anticonsumer. It and members of the Armed Forces. reau’s own study concludes that arbi- hurts the very people the CFPB is sup- Forcing consumers into arbitration— tration decisions come 12 times faster posed to protect, and it is yet another indeed, forced arbitration—gives finan- than lawsuits. example of Washington bureaucrats cial services providers a free pass to So let’s review quickly: a faster, looking out for their friends instead of get away with abuse. It denies, again, more favorable outcome for consumers the American people. veterans, servicemembers, and seniors versus helping trial lawyers line their Today, this body will cast a vote to justice against the predatory financial pockets. This should not be hard. ensure U.S. consumers are treated fair- marketplace practices. Sadly, it re- In fact, Mr. Speaker, according to the ly and that they have the tools nec- flects a Republican Party that works D.C. Circuit Court, unelected Bureau essary to get the best possible settle- relentlessly to empower Wall Street Director Cordray has more unilateral ment in their case. and to rig the system against con- authority than any other single com- Mr. Speaker, if the CFPB can’t ad- sumers. It denies them consumer class missioner or board member in any here to a simple mission statement and action. other independent agency in the entire provide actual consumer protections, More than 800 years ago, the Magna U.S. Government. Congress will do it for them. Carta first laid out a basic right to jus- Congress must begin to use its au- I want to again thank Chairman HEN- tice as the foundation of a fair society. thority to hold this agency account- SARLING and the gentleman from Penn- Even under a king, the Magna Carta able for its anticonsumer policies and sylvania (Mr. ROTHFUS) for their lead- declared, this much was owed the peo- actually provide the checks and bal- ership on this issue and so many more ple: ‘‘. . . to no one will we deny or ances that our Founders would have in- issues that impact consumers. delay right or justice.’’ tended. That is the stacked deck that Mr. Speaker, I ask my colleagues to Every day, Americans take a similar we have right now, folks. support this legislation, and I reserve solemn pledge: ‘‘liberty and justice for The Bureau’s flawed arbitration rule the balance of my time. all.’’ Republicans’ attack on consumers does absolutely nothing to protect the Ms. MAXINE WATERS of California. insult those pledges and deny Ameri- consumers it is charged with pro- Mr. Speaker, the Republicans are sid- cans their justice. tecting. Instead, it is nothing more ing with Big Business again, against All the American people deserve a than a windfall for trial lawyers and our consumers. better deal than what they are getting well-connected Washington elites. The

VerDate Sep 11 2014 03:40 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.066 H25JYPT1 H6272 CONGRESSIONAL RECORD — HOUSE July 25, 2017 rule’s only accomplishment will be to absolutely nothing—nothing. Of the re- million transactions, they opened up create more class action lawsuits, lin- maining 10 percent, the average payout accounts people never asked for. ing trial lawyers’ pockets with more to consumers was a mere $32. That If you sue them, you might just be cash while providing no real protection same CFPB study found that the aver- limited to an arbitration clause, which to consumers. age arbitration payout was almost limits your award, and they pick the This anticonsumer rule will have the $5,400, or over 150 times more than the judge. Why not be able to join with effect of making consumers wait longer average class action recovery. other Americans and sue in court the for worse decisions as they seek resolu- Even more troubling, the Bureau’s good, old-fashioned way: get some dis- tions for their disputes. In no way, unilateral decision to ban alternative covery, get some money back, get some shape, or form does this rule actually dispute resolution will result in in- justice? This is what it is all about. do what the Bureau was created to do: creased litigation costs for financial We believe that the American people protect consumers. services firms, undermining their safe- deserve to take them to court if they This CRA is an important step in al- ty and soundness, forcing consumers to take your money and rip you off. That lowing Congress to rein in this rogue pay higher prices and making it more is what we are standing up for today. agency. I urge my colleagues to sup- difficult to obtain credit cards and This is nothing but a U.S. Chamber, port this resolution. other financial services and products. Big Business giveaway that they are Ms. MAXINE WATERS of California. That is not pro-consumer. talking about. We stand on the side of Mr. Speaker, I yield 1 minute to the For these reasons, I am a proud co- American consumers. American con- gentlewoman from New York (Ms. sponsor of Congressman ROTHFUS’ bill sumers want to take them to court. VELA´ ZQUEZ), a senior member of the Fi- that would disapprove this misguided b 1600 nancial Services Committee and rank- resolution to the Congressional Review Mr. LUETKEMEYER. Mr. Speaker, I ing member of the Small Business Act. yield 2 minutes to the distinguished Committee. Congress should be making the laws ´ gentleman from Colorado (Mr. TIPTON), Ms. VELAZQUEZ. Mr. Speaker, I of the land, not unaccountable, vice chairman of the Oversight and In- thank the ranking member for yield- unelected bureaucrats at the CFPB cir- vestigations Subcommittee. ing. cumventing the democratic process. Mr. TIPTON. Mr. Speaker, this reso- Mr. Speaker, the right to seek re- That is why, in addition to invali- lution of disapproval will repeal the dress in the courts is one of the most dating this bad anticonsumer, pro-trial CFPB’s Arbitration Agreements rule, a fundamental rights we have as Ameri- lawyer, anti-arbitration rule, Congress rule that consumers are going to be cans. Unfortunately, companies rou- must act swiftly to rein in the Bureau able to be protected by, according to tinely try to undermine this right by and subject this agency to the congres- the CFPB. That is their stated mission: including mandatory arbitration sional appropriations process, reclaim- to protect the consumers. clauses in contracts we use every day, ing Congress’ constitutional power of Let us look at the data that has been including credit cards, student loans, the purse over this out-of-control agen- provided by the CFPB. Just 13 percent auto loans, and cell phones. cy. of the class action suits actually pro- These clauses often state that a con- I urge my colleagues to vote ‘‘yes’’ vided a benefit to the consumers. And sumer must resolve a dispute they are on this resolution of disapproval to what was that whopping benefit? Thir- having with a third party often chosen block this ill-advised, anticonsumer ty-two dollars. Thirty-two dollars that by the company at a location that is rule and reclaim its authority under they are willing to celebrate over as chosen by the company. Companies Article I of the Constitution. compensation for people who have been also use these clauses to block class ac- Ms. MAXINE WATERS of California. harmed. tion lawsuits brought by consumers. Mr. Speaker, I yield 2 minutes to the Let us look at the other side of the Now, once again, thanks to the gentleman from Minnesota (Mr. ELLI- ledger. What are trial lawyers receiv- CFPB, contracts that have these SON), a leading member on this con- ing? On average, $1 million. So while clauses will no longer be permitted to sumer issue. our friends may want to stand up for prohibit consumers from banding to- Mr. ELLISON. Mr. Speaker, if you the trial lawyers, for their million-dol- gether or joining a class action. This listen to my friends on the other side lar paychecks, we are going to choose rule helps hold companies accountable of the aisle, they are going to tell you to stand with the American consumer and protects consumers. That is why that having access to a lawyer in a to make sure that they are going to be more than 280 consumer, civil rights, court is a bad thing, but it is the foun- able to receive the justice that they de- labor, community, and nonprofit orga- dation of American justice. The foun- serve, and one way to be able to do nizations support this rule. That is also dation of American justice is that, if that is going to be through arbitration. why unscrupulous firms are lobbying somebody rips you off, you can sue When we look at the CFPB’s own sta- so aggressively to block this rule. them in court. tistics, the average arbitration payout Stand up for consumers. Vote ‘‘no’’ These arbitration clauses are the fine is not your $32. It is almost $5,400, on this joint resolution. print, Mr. Speaker, that you find in which has been received in terms of Mr. LUETKEMEYER. Mr. Speaker, I these contracts that say, if you have a compensation that is going to be paid. yield 2 minutes to the gentleman from dispute with this particular company, This latest rule, Mr. Speaker, joins a Kentucky (Mr. BARR), chairman of the you can only go to arbitration. And growing list of CFPB actions that have Financial Services Monetary Policy these arbitrators are almost always hurt consumers. Since the Bureau’s in- and Trade Subcommittee. picked by the company themselves. ception, they have rolled out rules and Mr. BARR. Mr. Speaker, make no The fact is this is not justice. It is a regulations 31⁄2 times faster than other mistake: the anti-arbitration rule re- railroad court. It is not a real court, Federal agencies, and according to the cently finalized by the Consumer Fi- and consumers are less well off. That is research from the American Action nancial Protection Bureau is not con- why over 100,000 individual consumers Forum, just 26 of these regulations sumer protection. It is a giveaway to across the country wrote in to support have added an additional $2.8 billion in special interest trial lawyers that will the rule during the public comment pe- regulatory costs. expose financial firms to ruinous liabil- riod. The practical effect of the Bureau’s ity; limit consumer access to afford- If my friends on the other side of the actions are measurable, especially in able, high-quality financial services aisle are right, how come they don’t rural districts like mine: no mortgage and products; and undermine con- have 100,000 people saying that their credit for young families trying to pur- sumers’ ability to resolve disputes position is correct? chase their first home, community more quickly and more cost-effectively The people have spoken. They have banks that spend more time on compli- than class action lawsuits. engaged in the comment period and ance than serving their community, The Bureau’s own study found that, said: We want to be able to go to court and small businesses that cannot get while trial lawyers earn millions of to hold these people accountable. the capital that they need to grow. dollars in fees, in 90 percent of class ac- Wells Fargo ripped off literally hun- The Arbitration Agreements rule is tion lawsuits, consumers were awarded dreds of thousands of Americans. In 2 nothing more than the latest sleight-

VerDate Sep 11 2014 03:44 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.068 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6273 of-hand by the Bureau taking money The CFPB is arguably the most pow- one with a $50,000 claim. Class action out of pockets of consumers and gifting erful and yet unaccountable govern- lawsuits, it is 50,000 people with a $32 it to trial lawyers. ment agency in the history of this claim. So then they say: Well, arbitra- The SPEAKER pro tempore (Mr. country. By intentional design, the tion provides more. Of course it pro- VALADAO). The time of the gentleman CFPB is not accountable to Congress vides more. Because the average person has expired. or the taxpayer. in the pool has got a $50,000 claim, and Mr. LUETKEMEYER. Mr. Speaker, I According to the D.C. Circuit, the class action only produces $32 because yield an additional 30 seconds to the unelected CFPB Director, Richard it is designed for a situation where you gentleman. Cordray, ‘‘possesses more unilateral have a million plaintiffs or a half a Mr. TIPTON. Mr. Speaker, the CFPB authority than any single commis- million plaintiffs each with a $32 claim. would lead you to believe that a sioner or board member in any other You cannot compare the two except multiyear class action lawsuit—and independent agency in the U.S. Govern- to say that arbitration is unavailable that is according to the CFPB’s own es- ment.’’ to anyone with a claim of less than timates, average attorneys’ fees of $388 What does this mean exactly? Well, it $1,000. million, and that is a win for con- means that no one is checking the Di- Mr. LUETKEMEYER. Mr. Speaker, I sumers. rector’s actions. The CFPB is able to yield 2 minutes to the distinguished The judgment is not on the side of evade all limits and restraints proposed gentlewoman from New York (Ms. consumers. They may want to stand for by the government. Because of this, Di- TENNEY), a member of the Financial the trial lawyers. We are going to rector Cordray is only looking out for Services Committee. stand for the consumers. Let’s repeal one person—that is himself. Ms. TENNEY. Mr. Speaker, I rise in this and institute the CRA for the arbi- The CFPB chose to ignore their own support of H.J. Res. 111. tration rule. study because the results did not fit Mr. Speaker, the Consumer Financial Ms. MAXINE WATERS of California. the narrative they were trying to im- Protection Bureau finalized a rule for- Mr. Speaker, I yield 1 minute to the pose on Americans. This study showed bidding financial service firms from in- gentleman from Massachusetts (Mr. that the average consumer receives cluding a mandatory arbitration clause CAPUANO), a senior member of the Fi- $5,400—we have heard this already—in in contracts with consumers. The rule nancial Services Committee and a cash relief when using arbitration, as is not only bad for consumers, it high- strong progressive member. opposed to an inadequate $32 through lights the need for accountability in Mr. CAPUANO. Mr. Speaker, I thank class action suits. Washington. the gentlewoman for yielding. In addition, the study concluded that Unelected bureaucrats wield too Let us be honest. There are no legiti- the use of arbitration produced a high- much power with too little oversight, mate consumer groups who support re- er recovery rate and shorter timeline and this rule would force consumer pealing this rule. The consumer groups for the consumer, and that is good. Re- class actions and eliminate arbitration are actually with the consumers, and gardless of this study, Director options. As an attorney, I know that they want this rule. Cordray has refused to acknowledge many class action lawsuits are all too So let us be clear. This rule is being that taxpayers will feel the immediate often more about cash for plaintiffs’ repealed for the biggest financial insti- damage that comes from limiting their trial lawyers than protection for con- tutions in the country. options by being forced to pay more for sumers. In fact, the CFPB’s own study Let us be clear. I do not oppose arbi- less. even admitted that arbitration is fast- tration as an option. I do oppose it as Bottom line, this is just another ex- er, less expensive, and pays out con- the only alternative allowed. Very sim- ample of overregulation by the CFPB sumers much higher compared to the ply, you go to a bank, they open up a taking away the option of arbitration class action lawsuit. bank account in your name, they steal that will hurt all Americans. Of course, many trial lawyers oppose your money, they move it over. If you As a small business owner, I have arbitration because it denies them of catch them, you go to the bank, you gone both ways. Arbitration wins every exorbitant class action lawsuit fees. It file arbitration, they give you your $100 single time for those involved. It is is an inexpensive alternative to court- back and maybe a dollar’s worth of in- called fairness. room litigation. terest, and it is over. Mr. Speaker, I commend Representa- If consumers are lucky enough to be They don’t tell you there is 2 million, tive for leading the way part of the successful class action, the 3 million, 5 million other people with on this much-needed CRA. I encourage average individual payment is, as my the same situation who don’t know all my colleagues to join us in repeal- colleague just pointed out, only about about it. Because it is arbitration, no ing this harmful rule and ensuring the $32. Remarkably, the trial lawyers one talks about it. It is done in private. Bureau is not able to issue any similar raked in $425 million in class action I am not opposed to arbitration as a rule relating to arbitration. fees between 2010 and 2013, according to way to avoid court when possible. I am In God We Trust. a study by Forbes. vehemently opposed to taking options Ms. MAXINE WATERS of California. Of the arbitrations reviewed by the away from consumers that say you Mr. Speaker, I yield 1 minute to the CFPB in which consumers were vic- cannot individually stand for your gentleman from California (Mr. SHER- torious, the average individual payout rights. That is what this bill does. That MAN), a senior member of the Financial was $5,389. Why would the Consumer is all it does. Services Committee and Foreign Af- Financial Protection Bureau want to If you care about consumers, you fairs Committee. take a fair and elective alternative for would work with us to try to find a Mr. SHERMAN. Mr. Speaker, which resolving disputes away from con- simpler way. You don’t want to do it. is more fraudulent? On the one hand, sumers when they benefit from them? You want to help the big boys. Good we have Wells Fargo, 3 million phony The consumers have the option to do luck. accounts, and then they use their as they please, but I believe the CFPB’s Mr. LUETKEMEYER. Mr. Speaker, I forced arbitration provision to tell peo- antiarbitration rule would do nothing yield 2 minutes to the distinguished ple that if you signed up for a legiti- but harm consumers, line the pocket of gentleman from Texas (Mr. WILLIAMS), mate account and there was some lan- trial lawyers, and literally take money the vice chairman of the Monetary Pol- guage in there that created arbitra- out of the hands of consumers. icy and Trade Subcommittee. tion, that it even applies to the phony Ms. MAXINE WATERS of California. Mr. WILLIAMS. Mr. Speaker, a few accounts. Mr. Speaker, I yield 1 minute to the weeks ago, the Consumer Financial Well, what is even more fraudulent? gentleman from Illinois (Mr. FOSTER), Protection Bureau implemented their The supporters of this bill who say that a member of the Financial Services most recent arbitration rule. While the rule deprives people of the option Committee. this rule claims consumer protection, of arbitration. It hardly does that. It Mr. FOSTER. Mr. Speaker, I urge my it does the very opposite. It will cost simply prohibits forced arbitration. colleagues to vote ‘‘no’’ on H.J. Res. 111 Americans more of their hard-earned But more important are the numbers. to block the Consumer Financial Pro- money and time. Arbitration is typically used by some- tection Bureau’s arbitration rule.

VerDate Sep 11 2014 03:44 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.070 H25JYPT1 H6274 CONGRESSIONAL RECORD — HOUSE July 25, 2017 The CFPB is charged with protecting anyone a latte who comes clean with products or services. The CFPB found consumers from unfair and abusive be- the American people and tells them that forced arbitration clauses denied haviors by banks and financial firms. why they are opposing this bill. consumers the ability to obtain justice. To that end, the CFPB’s rules would The reason why they are opposing That is why Congress should vote in prohibit provisions requiring that a this bill is the Trial Lawyers Associa- approval of the rule for the CFPB and bank customer surrender the right to tion makes millions of dollars, and reject H.J. Res. 111. participate in class actions. that money lines the pockets of their Mr. LUETKEMEYER. Mr. Speaker, This practice undermines a con- campaign coffers. It is not about con- how much time is remaining on each sumer’s right to be compensated for sumers. It is about lawyers protecting side? damages, particularly when they get lawyers, and it is about protecting the The SPEAKER pro tempore. The gen- nickeled and dimed by the fine print in bureaucrats in the swamp. tleman from Missouri has 6 minutes re- financial contracts. I ask all my colleagues to join me in maining. The gentlewoman from Cali- Class actions often represent the supporting this joint resolution. fornia has 133⁄4 minutes remaining. only realistic option for consumers Ms. MAXINE WATERS of California. Mr. LUETKEMEYER. Mr. Speaker, I who are ripped off to the tune of a few Mr. Speaker, I am sick and tired of my yield 2 minutes to the gentleman from dozen or a few hundred dollars, and colleagues on the opposite side of the Georgia (Mr. LOUDERMILK), a member they reduce the burden on the courts aisle talking about this $32. of the Financial Services Committee. by consolidating claims, thereby sav- Republicans keep discussing that Mr. LOUDERMILK. Mr. Speaker, I thank the gentleman for yielding to ing money for both plaintiffs and de- consumers get $32 in class action, but me. fendants. they ignore how few consumers win in Mr. Speaker, Ronald Reagan had a Opponents of the CFPB’s rule hope arbitration. Big banks win 93.1 percent unique gift of communicating in a way that, by prohibiting the consolidation of the time in arbitration. The deck is that reflected the ideas and the of claims, they can make potential stacked against consumers, not Wall thoughts of the American people. He damages so small that the individual Street. also understood that out-of-control claims are not viable. Mr. Speaker, I yield 2 minutes to the government bureaucracy had a well-de- Meritorious claims from aggrieved gentleman from Georgia (Mr. JOHN- served reputation of working in its own plaintiffs who have suffered actual SON), a leading member on this con- best interest, not in the best interest of damages would go uncompensated, and sumer arbitration issue. the American people. equally importantly, wrongdoers would Mr. JOHNSON of Georgia. Mr. Speak- President Reagan best defined this go unpunished. er, I thank the Congresswoman, and I mistrust of government when he stat- I urge my colleagues to stand up for rise in strong support for the Consumer ed: ‘‘The most terrifying words in the consumers and ensure that they can be Financial Protection Bureau on the English language are: I’m from the fairly compensated by actual damages important topic of forced arbitration. government and I’m here to help.’’ and wrongdoers punished. I urge my colleagues to vote ‘‘no’’ on The skepticism Americans have of Mr. LUETKEMEYER. Mr. Speaker, I H.J. Res. 111. Forced arbitration is a their too-big-to-be-useful government yield 2 minutes to the distinguished modern twist to an old trick, tricking has only increased since Reagan spoke gentleman from Michigan (Mr. TROTT), people out of their day in court. Forced those words. And it is rules and regula- a member of the Financial Services arbitration tricks people out of their tions, such as the one we are discussing Committee. constitutional right to a jury trial on here today, that fosters the distrust Mr. TROTT. Mr. Speaker, I rise in their claim against corporate special Americans have of their government. support of H.J. Res. 111, which will interests. Forced arbitration prohibits The CFPB’s decision to ban arbitration block the CFPB’s harmful arbitration consumers from taking their case to with preference to class action lawsuits rule. court for a jury trial and forces the will cause harm to both consumers and I want to start with a little story. consumer into the back room with a businesses. Last year, I opened up the mail, and I secret arbitrator selected by the cor- Arbitration has proven to be an effec- got a wonderful surprise. I got a check poration who then decides the case for tive tool that benefits both parties in a for $3.92. Apparently, I was part of the corporation. It doesn’t take a ge- dispute, and has shown to be more fa- some class action lawsuit, didn’t know nius to know what happens when you vorable to consumers than traditional it, dug into the facts, didn’t feel I had get behind those closed doors. litigation in the courts. The average been harmed, didn’t know who the at- The outcome will be against the con- compensation, as you have heard, to torneys were, but I got $3.92, almost sumer. It is not fair; it is not right; and consumers when using arbitration is enough to buy a latte. I did a little it is not justice. $5,400. In contrast, the average settle- digging around and turns out the law- b 1615 ment for consumers in a class action yers representing the plaintiff class lawsuit is $32. made millions of dollars. Corporate special interests trick con- Not only is arbitration more finan- Now, we have heard a lot of con- sumers into giving up their rights to a cially beneficial to consumers, it is less flicting stories here today about this jury trial by hiding forced arbitration costly and less time-consuming than bill being harmful to consumers. Here clauses in the fine print of consumer fighting through the courts. Disputes are the facts. agreements that they require con- which use arbitration are usually set- In a class action lawsuit, a typical sumers to accept when there is no tled in 2 to 7 months; however, lawsuits consumer gets $32; in arbitration, a other choice. can take an average of 2 years to set- typical consumer gets $5,400; in a class Consider the latest example from tle. action lawsuit, it takes 12 times longer Wells Fargo, which was caught red- Even the CFPB has recognized that for the consumer to get the money. handed engaging in unscrupulous bank- arbitration is more efficient, less cost- But how can this be? Well, in my ing practices to the detriment of their ly, and more beneficial to consumers; prior life, I represented a lot of clients customers. They were ruining the cred- so it boggles the mind trying to figure who were involved in class action law- it of their customers by opening mil- out why they are pursuing a course suits. Here is your typical class action lions of fake accounts in the names of that would harm Americans. lawsuit. their unsuspecting customers. It is the responsibility of Congress to It involves a highly technical viola- When Wells Fargo got caught, their rein in government when it is outside tion, not the Wells Fargo example, customers were barred from going to the constitutional boundaries of its of- where there is little or no harm to the court because they had unknowingly fice or pursues a course of action that consumer, goes on for years, costs mil- agreed to the forced arbitration. If this is harmful to the citizens. In this case, lions of dollars in legal fees, and at the is not adding insult to injury, I don’t the CFPB is in violation of both of end of the day, there is a settlement know what is. these principles. for $3.92. Congress authorized CFPB to con- I support this legislation that would I will make a deal with my friends on sider banning or limiting forced arbi- roll back the CFPB’s ban on arbitra- the other side of the aisle. I will buy tration in cases of consumer financial tion.

VerDate Sep 11 2014 03:44 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.072 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6275 Again, I thank the chairman for the gentleman from Rhode Island (Mr. to get justice. Specifically, this will time, and I thank the gentleman from CICILLINE), the ranking member on the unwind critical new rules that allow fi- Pennsylvania (Mr. ROTHFUS) for spon- Subcommittee on Regulatory Reform, nancial consumers to take collective soring this bill. Commercial and Antitrust Law. action. You heard that right. This is an Ms. MAXINE WATERS of California. Mr. CICILLINE. Mr. Speaker, I thank effort to take away your ability to sue Mr. Speaker, my colleagues on the op- the gentlewoman for yielding to me. big banks when they run you over. In- posite side of the aisle hate Mr. Mr. Speaker, I rise in strong opposi- stead, the majority wants to force you Cordray so much because he has been tion to H.J. Res. 111, which would re- into unfair, bureaucratic arbitration so effective, returning $12 billion to peal protections for our men and processes that severely disadvantage consumers, that they would harm the women in uniform and other everyday you in favor of the Wall Street firms. American public rather than admit consumers against the use of forced ar- I always ask the same question when that they are wrong. bitration by megabanks and other fi- the Republicans bring these measures Mr. Speaker, I yield 2 minutes to the nancial service providers. up here to gut consumer protections: gentleman from Virginia (Mr. SCOTT), Earlier this month, the CFPB final- Who back home is asking for this? Who the ranking member of the Committee ized strong rules to protect the rights is coming to the townhalls and begging on Education and the Workforce. of hardworking Americans to band to- to repeal this rule? Who is asking you Mr. SCOTT of Virginia. Mr. Speaker, gether in our justice system to hold to make it harder to seek damages I thank the gentlewoman for yielding. corporate wrongdoers accountable. when someone is being harmed by a big Mr. Speaker, I rise in opposition of This protection is particularly critical bank? H.J. Res. 111, which will overturn the for our Nation’s men and women in Nobody is asking for this. In fact, as Consumer Financial Protection Bu- uniform and their loved ones. KEITH ELLISON said a few minutes ago, reau’s rule, prohibiting forced arbitra- For over a decade, under both Demo- there are 100,000 people who are be- tion for many consumer contracts, in- cratic and Republican administrations, seeching us to support this rule to pro- cluding student loan contracts. the Defense Department has warned tect them out there. Nobody is asking Banks and large corporations often Congress about the effects of forced ar- to repeal this rule or shut this rule take advantage of ordinary Americans bitration in servicemembers’ con- down. by burying forced arbitration clauses tracts. Often buried in the fine print of I know who wants it here in Wash- and boiler plate fine print in standard financial contracts, these clauses waive ington. It is the big money special in- contracts. the rights of veterans and servicemem- terests, the so-called swamp. We can’t When corporations force consumers bers to a day in court before a dispute let this happen. The American people to secretly arbitrate with handpicked even arises. should be furious. firms, which rely on those same cor- If these arbitration provisions were Mr. Speaker, I urge my colleagues to porations for repeat business, the sys- so beneficial to consumers and to serv- oppose this reckless, shameful effort. tem is rigged. icemen and -women, why do you have Mr. LUETKEMEYER. Mr. Speaker, I Take, for example, Matthew, who en- to sneak these mandatory provisions yield 1 minute to the gentleman from rolled in a for-profit aviation school into the contract? Tennessee (Mr. KUSTOFF). that closed before Matthew could finish There is overwhelming support for Mr. KUSTOFF of Tennessee. Mr. his degree. At the recommendation of this rule among military service orga- Speaker, I rise today in support of H.J. the school, he had taken out $56,000 in nizations who agree that forced arbi- Res. 111, which uses the Congressional private student loans. tration clauses block access to the jus- Review Act to disapprove and nullify With debt and no credential because tice system and funnel the claims of the rule issued by the CFPB on July 10, the school had closed, Matthew joined servicemembers into private, costly ar- 2017. a class action with thousands of other bitration systems. Time and time again, we have seen students. But due to a class action ban Since the Second World War, Con- the CFPB abuse their power and au- in the loan contract, the court ruled gress has continuously expanded and thority to unilaterally issue rules that thousands of individual students strengthened the rights and protec- without seeking any input from Con- must individually settle their disputes tions for servicemembers and veterans gress. with the bank in arbitration. out of a sense of obligation that we Since its establishment, the CFPB That means each individual student must honor and protect our men and has displayed complete disregard for had to hire their own lawyer, take time women in uniform. But this resolution due process, as it has issued enforce- off to present their case, and every- would end vital financial protections ment actions against companies that thing else you have to do to present a for those who have sacrificed so much are unjustly accused of wrongdoing. case. That is why most victims of this in service to our country and the fun- Frankly, the CFPB’s recent kind of fraud will never collect what damental idea that we are a nation of antiarbitration rule is no different. they are owed. laws and institutions that guarantee This rule would change the ability for If each victim only loses a little bit, the rights and prosperity of every consumers to resolve disputes with fi- virtually nobody will bring a claim. American. nancial services companies through ar- With the class action, at least you can Mr. Speaker, I urge my colleagues to bitration, which has consistently pro- achieve an injunction so the corpora- oppose this resolution, to preserve this vided consumers with expedient, effi- tion will stop. Each plaintiff might re- rule, to stand up for the men and cient, and less costly resolutions. ceive a little bit, but without the class women in uniform, to stand up for the In short, making consumers pay action, the corporation is free to con- American consumer, and to stop being more for less is the exact opposite of tinue the fraud. errand boys for the megabanks. consumer protection, and is the reason Without this rule, the banks will con- Mr. LUETKEMEYER. Mr. Speaker, I we need to reject this harmful rule. tinue to use forced arbitration clauses continue to reserve the balance of my I applaud the work of Chairman HEN- to advance their special interests at time. SARLING and the other members of this the expense of innocent victims who Ms. MAXINE WATERS of California. committee on this work to hold the will be ripped off. Mr. Speaker, I yield 1 minute to the CFPB accountable. Mr. Speaker, that is why we need to gentleman from Maryland (Mr. SAR- Ms. MAXINE WATERS of California. stand with consumers. I urge my col- BANES), the leader of the Democracy Mr. Speaker, I yield 1 minute to the leagues to do that: stand with con- Reform Task Force. gentlewoman from California (Mrs. sumers, reject this repeal of the impor- Mr. SARBANES. Mr. Speaker, I DAVIS), the ranking member of the tant rule, and vote ‘‘no’’ on H.J. Res. thank the gentlewoman for yielding to Higher Education and Workforce 111. me. Training Subcommittee. Mr. LUETKEMEYER. Mr. Speaker, I Mr. Speaker, here we are again: the Mrs. DAVIS of California. Mr. Speak- reserve the balance of my time. special interests are running the show er, as representatives of the people, our Ms. MAXINE WATERS of California. in Washington. Pointblank, this resolu- job is to protect working families. So Mr. Speaker, I yield 2 minutes to the tion will make it harder for Americans let’s be clear, we should be protecting

VerDate Sep 11 2014 03:44 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.074 H25JYPT1 H6276 CONGRESSIONAL RECORD — HOUSE July 25, 2017 consumers, including members of our b 1630 Mr. Speaker, I ask my colleagues to military who sacrifice so much for us. Ms. BONAMICI. Mr. Speaker, I thank oppose this resolution. When a predatory lender forces arbi- the ranking member for yielding. Mr. LUETKEMEYER. Mr. Speaker, I tration, it puts consumers into a sys- Mr. Speaker, I rise today in strong reserve the balance of my time. tem where their grievances don’t get opposition to H.J. Res. 111, a resolution Ms. MAXINE WATERS of California. the fair treatment of a court. Instead, that will undermine the Consumer Fi- Mr. Speaker, I yield 1 minute to the a law firm handpicked by the corpora- nancial Protection Bureau and allow fi- gentleman from Pennsylvania (Mr. tion will decide the outcome, putting nancial institutions to continue taking CARTWRIGHT), a member of the Com- the consumer at an extreme disadvan- advantage of consumers. mittee on Appropriations and the Com- tage from the start. The CFPB’s arbitration rule protects mittee on Oversight and Government The CFPB issued a long, overdue role consumers, including students, service- Reform. to prohibit this unfair practice that members, and seniors, by allowing Mr. CARTWRIGHT. Mr. Speaker, I benefits wealthy special interests at them access to justice in court and to thank the gentlewoman for yielding. the expense of the American people. participate in class action lawsuits Mr. Speaker, there is one thing about So why would we take a step back? against unscrupulous financial institu- us Americans that separates us from Even worse, these predatory lenders tions. the rest of the world: we have a Bill of often prey on our military, so we I am a former consumer protection Rights in this country, and it includes should be protecting our military to lawyer. I have no problem with arbitra- the Seventh Amendment, and my col- have transparent and just legal op- tion clauses when they are agreed to by league, Mr. MCEACHIN, just mentioned tions. Forced arbitration is just the op- parties with equal bargaining power, it, the Seventh Amendment: the right posite. but we have seen what happens when of trial by jury shall be preserved. It is Mr. Speaker, we need a process that institutions include nonnegotiable what makes us Americans. works for consumers. This resolution forced arbitration clauses in the fine And watch out. When you hear them will only bring us back to a broken sys- print of consumer contracts. attacking legal fees and lawyers mak- tem. Private student loan providers, pay- ing money, that means they are at- Mr. Speaker, I urge my colleagues to day lenders, credit card companies, and tacking your rights. They are trying to join me in striking down this resolu- banks have consumers sign away their take them away. tion. rights to access the court system when For too long, big banks have gotten Mr. LUETKEMEYER. Mr. Speaker, they are cheated. The CFPB rule will away with taking advantage of their how much time is remaining on each address that inequity and provide con- customers, from fake accounts to side? sumers with a remedy. subprime mortgages. American con- The SPEAKER pro tempore. The gen- We must reject this effort to roll sumers have suffered a great deal of tleman from Missouri has 3 minutes re- back consumer protections and allow harm at the hands of Wall Street, and maining. The gentlewoman from Cali- the CFPB to continue to do their im- now we have a rule that will help con- fornia has 71⁄2 minutes remaining. portant work. Please vote ‘‘no.’’ sumers fight back. It is a rule from the Mr. LUETKEMEYER. Mr. Speaker, I Mr. LUETKEMEYER. Mr. Speaker, I Consumer Bureau that fixes a flaw in reserve the balance of my time. reserve the balance of my time. the judicial system that keeps victims Ms. MAXINE WATERS of California. Ms. MAXINE WATERS of California. from accessing justice by banding to- Mr. Speaker, I yield 1 minute to the Mr. Speaker, I yield 1 minute to the gether with class actions. gentleman from California (Mr. gentleman from Virginia (Mr. Don’t let them take your rights TAKANO), the vice ranking member of MCEACHIN), a member of the House away. Let’s fight this resolution. the Veterans’ Affairs Committee. Armed Services Committee. Mr. LUETKEMEYER. Mr. Speaker, I Mr. TAKANO. Mr. Speaker, I rise Mr. MCEACHIN. Mr. Speaker, I thank reserve the balance of my time. today to strongly oppose this CRA op- the gentlewoman for yielding. Ms. MAXINE WATERS of California. position, which rolls back critical pro- Mr. Speaker, I rise to oppose this res- Mr. Speaker, I yield 1 minute to the tections for American consumers. olution, which would stack the deck gentleman from Massachusetts (Mr. Passing this resolution would set a against hardworking families, small CAPUANO), a Member who is outraged nearly irreversible policy that allows businesses, and nearly any group or in- by the attack on consumers by the op- Wall Street companies to commit per- dividual who needs financial services. posite side of the aisle. vasive fraud while avoiding the ac- Mr. Speaker, universal access to fair Mr. CAPUANO. Mr. Speaker, I am countability that comes with a class and impartial courts is a principle that glad to be outraged on this one. action lawsuit. is enshrined in both the Sixth and Sev- About a month ago, the majority Access to our courts and the trans- enth Amendments of our Constitution. party took away the ability of people parency and fairness they provide is a It is the cornerstone of our justice sys- using the internet to keep their infor- fundamental right enshrined in our tem. Without that access, we cannot mation private. You allowed every per- Constitution. It is a sad irony that hold bad actors accountable; families son on the internet, every company, to many of those that would be denied and small businesses suffer; justice is access everything about anybody who their constitutional rights through denied. uses the internet. The country hated this resolution are the servicemembers Forced arbitration clauses protect it. During that entire debate, you told and veterans who have risked their the powerful by denying Americans America: We are out to protect you; we lives to protect those rights. their day in court. Big corporations are protecting you. When the American consumer takes have enormous leverage. They offer es- No one believed it, and here we are on a Wall Street corporation, it is al- sential services and have few competi- again today. You are out to protect the ready a David versus Goliath situation. tors. consumers, with no consumer groups Now Republicans want to steal David’s For many consumers, having a cell who agree with you. You are basically slingshot. Mr. Speaker, don’t let them phone or a checking account means ac- telling people: Trust us more than you steal David’s slingshot. Don’t let them cepting arbitration. Often there are no trust yourselves; therefore, in order to steal America’s slingshot. other options. do that, we will take away your right Mr. Speaker, I strongly encourage The CFPB has sought to correct that to protect yourself in a court of law. my colleagues to reject this resolution. injustice. The Bureau’s arbitration rule No one buys it. No one buys it. Leave Mr. LUETKEMEYER. Mr. Speaker, I ensures that those who are wronged by us alone. Let me defend myself. I don’t continue to reserve the balance of my a financial institution have meaningful need you to defend me. America wants time. recourse. At Wells Fargo and else- to be left alone. Leave them alone. Ms. MAXINE WATERS of California. where, recent events have shown why The SPEAKER pro tempore. Mem- Mr. Speaker, I yield 1 minute to the that recourse is essential. bers are reminded to direct their re- gentlewoman from Oregon (Ms. When our courts are out of the pic- marks to the Chair. BONAMICI), a senior member on the ture, accountability can slip; cutting Mr. LUETKEMEYER. Mr. Speaker, Committee on Education and the corners becomes less risky and more that is what arbitration is all about, to Workforce. attractive. allow the individual to defend himself.

VerDate Sep 11 2014 03:44 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.076 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6277 Mr. Speaker, I reserve the balance of Mr. LUETKEMEYER. Mr. Speaker, I Mr. GOODLATTE. Mr. Speaker, as Chair- my time. yield the balance of my time to the man of the Judiciary Committee, I have Ms. MAXINE WATERS of California. gentleman from Texas (Mr. HEN- worked long and hard to preserve the avail- Mr. Speaker, I am now prepared to SARLING), the chairman of the Finan- ability of fair, affordable arbitration to con- close, and I yield myself the balance of cial Services Committee, and I think sumers. Hearings before the Judiciary Com- my time. we are going to have some answers to mittee have demonstrated repeatedly that arbi- Mr. Speaker, today we have heard those important questions that the tration allows consumers to resolve disputes Democrats speak about the importance ranking member just asked. quickly, fairly and at lower costs than litigation. of the Consumer Financial Protection Mr. HENSARLING. Mr. Speaker, I It also helps consumers to preserve relation- Bureau’s rule to stop forced arbitration thank the gentleman from Missouri ships with companies with whom they con- clauses in contracts for consumer fi- (Mr. LUETKEMEYER) for yielding, and I tract, by avoiding the acrimony of litigation. nancial products and the harm that appreciate his leadership on this issue, The Consumer Financial Protection Bu- would result from this joint resolution as I do the gentleman from Pennsyl- reau’s Arbitration Rule threatens to undo all of to repeal the rule. vania as well. that, not to benefit consumers, but to benefit Forced arbitration clauses severely Mr. Speaker, since 1925, this institu- one special interest—the plaintiffs class-action limit consumers’ legal rights and pre- tion, the , has trial bar. vent groups of consumers from holding recognized the right of consumers to By prohibiting consumers and companies financial institutions accountable for engage in arbitration, which we know from contracting to arbitrate individual matters, wrongdoing. The Consumer Bureau’s for so many consumers is their avenue rather than litigate disputes through class ac- rule helps to ensure that financial in- for redress of grievance. We know that tions, it ensures a steady stream of class-ac- stitutions are held accountable and this has been upheld on multiple occa- tion litigation—and handsome class-action at- fully protects the legal rights of con- sions by the Supreme Court. We have torneys’ fees—for the trial bar. But for con- sumers, including servicemembers and almost 100 years of precedence. And sumers, it burdens their freedom of contract, veterans. now this rogue agency, the Orwellian- subjects them to long, drawn-out class-action The majority has shamefully moved named CFPB, decides to promulgate a litigation, and sets up scenarios in which large to nullify the Consumer Bureau’s good rule, and it is not even an agency. Mr. portions of any recoveries they obtain will go, work in a move that ultimately en- Speaker, it is one unelected, unac- not to them, but to class-action lawyers with ables financial institutions to get off countable individual who has decided whom they are forced to deal. the hook when they commit wrong- that Americans no longer have the For companies, meanwhile, the Rule threat- doing, with less redress for consumers. right to contract, they no longer have ens to force them into choosing whether to Studies have shown that forced arbi- the right to decide that they would continue to fund their arbitration programs or, tration favors big business and results prefer to arbitrate instead of go instead, to shutter those programs to preserve in less compensation for American con- through a class action lawsuit. funds for high-dollar class-action defense. sumers who have been abused or de- Mr. Speaker, let’s let people know I urge my colleagues to vote for this resolu- frauded, if they receive any at all. what this is truly about. What this is tion and against the CFPB’s special-interest, This resolution steamrolls over the about is the trial attorneys relief act. anti-consumer rule. Consumer Bureau’s sensible rule with- Theirs are the voices that we are hear- Ms. JACKSON LEE. Mr. Speaker, I rise in out regard for the harm that will result ing on the other side of the aisle, and strong opposition to H.J. Res. 111, which for American consumers and families. we are hearing them loud and clear, be- would repeal the Arbitration Rule recently cre- This is also despite the broad support cause what we know is that, in class ated by the Consumer Financial Protection for the rule from consumer advocacy, action lawsuits, consumers end up with Bureau. civil rights, and faith-based groups, almost nothing and the trial lawyers The Arbitration Rule is an important victory legal scholars, and advocates for serv- make out like bandits. for consumer protection, because it prevents icemembers. Even in the CFPB’s own study, they banks and other financial institutions from Congress must not curtail the legal figured out that those who go through stripping consumers of their constitutionally- rights of consumers, must not repeal class action are doing well to get $32.35, guaranteed right to a day in court. the Consumer Bureau’s forced arbitra- yet the trial lawyers make out with The ‘‘forced arbitration’’ clauses that this tion rule. Vote to protect consumer millions. We also know in the CFPB’s rule addresses prevents a consumer from fil- rights. Vote to fully restore the Amer- own study that those who went ing a lawsuit against a company, and always ican principle of right to trial by jury. through arbitration ended up with set- forces the consumer into a private and con- Vote ‘‘no’’ on H.J. Res. 111. tlements of $5,389. fidential arbitration process that operates out- Mr. Speaker, I would simply like to Mr. Speaker, here are just a couple of side of the legal system. say that I keep hearing my colleagues different class action lawsuits that Additionally, these clauses, which are often talk about how fast consumers are have happened recently. A Dell Com- buried in the fine-print of agreements and do taken care of under the arbitration puters class action lawsuit: $500,000 for not allow the consumer any authority to rule. Yes, because they are getting rail- class members, $7 million for the law- change them, frequently prohibit class-action roaded. yers; Subway sandwiches: $50,000 for claims. As I mentioned, they are in the back the class members, $500,000 for the trial This means that even if there are thousands room without representation. These attorneys. of consumers who have been hurt by a bank are people who have been forced to sign Oh, here is a good one, Mr. Speaker, or financial institution in a similar way, they these arbitration agreements, not even Coca-Cola class action: $0 for class would not be able to join their complaints into knowing that they signed them. members, $1.2 million for the lawyers; one case. Most people who go out now to get a L.A. Fitness International: $7,000 for By forcing each and every consumer to en- credit card or to get a loan of some class members, $200,000 for lawyers. dure arbitration on his or her own, outcomes kind, they are forced into these agree- Mr. Speaker, the American people for cases with the exact same complaints will ments and they don’t even know it. are not foolish. It is time to drain the vary unjustly, because arbitration does not set They are shocked and surprised when swamp and to start off with the bu- legal precedent. they cannot join with others who have reaucracy that is taking away their Mr. Speaker, these forced arbitration been ripped off in class action lawsuits. rights to have dispute resolution clauses essentially amount to a rip-off clause. So don’t pay attention to all of the through arbitration. They are tired of It is clear that this rip-off clause is stacked information that you have received seeing others go and kowtow to the against the consumer and is meant to shield from the opposite side. Remember that trial lawyers lobby in this town to give predatory banks, payday lenders, credit card the banks and big businesses win 93.1 them what they want. It is time to companies and other financial institutions from percent of the time, not consumers. make sure that Americans’ consumer accountability when they cheat or plunder con- Whose side are you on? Are you on rights can be protected, and so it is sumers. the side of consumers or are you pro- time that we pass this Congressional In April of this year, it was revealed that tecting big business? Review Act for all Americans. Wells Fargo opened as many as 149,857 Mr. Speaker, I yield back the balance Mr. LUETKEMEYER. Mr. Speaker, I fraudulent bank accounts in my home state of of my time. yield back the balance of my time. Texas, including many in Houston.

VerDate Sep 11 2014 03:44 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 7634 Sfmt 9920 E:\CR\FM\K25JY7.077 H25JYPT1 H6278 CONGRESSIONAL RECORD — HOUSE July 25, 2017 But the rip-off clause prevented consumers Emmer Kustoff (TN) Rooney, Francis Matsui Polis Slaughter Estes (KS) Labrador Rooney, Thomas McCollum Price (NC) Smith (WA) from getting justice. Farenthold LaHood J. McEachin Quigley Soto The Consumer Financial Protection Bu- Faso LaMalfa Ros-Lehtinen McGovern Raskin Speier reau’s Arbitration Rule rightfully aims to pro- Ferguson Lamborn Roskam McNerney Rice (NY) Suozzi tect consumers from being forced to sign Fitzpatrick Lance Ross Meeks Richmond Swalwell (CA) Fleischmann Latta Rothfus Meng Rosen Takano away their legal rights when doing something Flores Lewis (MN) Rouzer Moore Roybal-Allard Thompson (CA) as simple as opening a bank account, obtain- Fortenberry LoBiondo Royce (CA) Moulton Ruiz Thompson (MS) ing a credit card, financing a home, or obtain- Foxx Long Russell Murphy (FL) Ruppersberger Titus ing a private student loan. Franks (AZ) Loudermilk Rutherford Nadler Rush Tonko Frelinghuysen Love Sanford Neal Ryan (OH) Torres The CFPB’s Arbitration Rule makes it easier Gaetz Lucas Schweikert Nolan Sa´ nchez Tsongas for consumers to file a lawsuit if they are Gallagher Luetkemeyer Scott, Austin Norcross Sarbanes Vargas harmed by a bank or financial institution, and Garrett MacArthur Sensenbrenner O’Halleran Schakowsky Veasey Gianforte Marchant Sessions O’Rourke Schiff Vela increases transparency in the arbitration proc- Pallone Schneider ´ Gibbs Marino Shimkus Velazquez Panetta Schrader Visclosky ess. Gohmert Marshall Shuster Goodlatte Massie Pascrell Scott (VA) Walz The Arbitration Rule strongly serves the Simpson Gosar Mast Payne Scott, David Wasserman Smith (MO) public interest. Gowdy McCarthy Pelosi Serrano Schultz Smith (NE) H.J. Res. 111 is only the latest in a long se- Granger McCaul Perlmutter Sewell (AL) Waters, Maxine Smith (NJ) Graves (GA) McClintock Peters Shea-Porter Watson Coleman ries of attacks that Republicans have leveled Smith (TX) Graves (LA) McHenry Peterson Sherman Welch against the Consumer Financial Protection Bu- Smucker Griffith McKinley Pingree Sinema Wilson (FL) Stefanik reau since its very creation in 2011. Grothman McMorris Pocan Sires Yarmuth Stewart The Bureau is a tremendous ally in the fight Guthrie Rodgers Handel McSally Stivers NOT VOTING—12 for consumer protection, and it is imperative Taylor Harper Meehan Buchanan Davis, Danny Napolitano Tenney that its work be allowed to continue. Harris Messer Costello (PA) Graves (MO) Palmer Thompson (PA) It is unconscionable that Republicans are Hartzler Mitchell Crowley Lawson (FL) Renacci Thornberry working so hard to repeal a rule that only Hensarling Moolenaar Cummings Meadows Scalise Herrera Beutler Mooney (WV) Tiberi serves to protect consumers from harmful and Tipton Hice, Jody B. Mullin b 1706 predatory practices by the financial services Higgins (LA) Murphy (PA) Trott industry. Hill Newhouse Turner Ms. BASS changed her vote from Upton I urge all of my colleagues to join me in re- Holding Noem ‘‘aye’’ to ‘‘no.’’ Hollingsworth Norman Valadao jecting this harmful resolution. Hudson Nunes Wagner Mr. ADERHOLT changed his vote The SPEAKER pro tempore. All time Huizenga Olson Walberg from ‘‘no’’ to ‘‘aye.’’ for debate has expired. Hultgren Palazzo Walden So the joint resolution was passed. Walker Pursuant to House Resolution 468, Hunter Paulsen The result of the vote was announced Hurd Pearce Walorski the previous question is ordered. Issa Perry Walters, Mimi as above recorded. The question is on the engrossment Jenkins (KS) Pittenger Weber (TX) A motion to reconsider was laid on and third reading of the joint resolu- Jenkins (WV) Poe (TX) Webster (FL) the table. Johnson (LA) Poliquin Wenstrup tion. Johnson (OH) Posey Westerman Stated against: The joint resolution was ordered to Johnson, Sam Ratcliffe Williams Mr. LAWSON of Florida. Mr. Speaker, On be engrossed and read a third time, and Jordan Reed Wilson (SC) rollcall vote No. 412 I was unavoidably de- was read the third time. Joyce (OH) Reichert Wittman Katko Rice (SC) Womack tained. Had I been present, I would have The SPEAKER pro tempore. The Kelly (MS) Roby Woodall voted ‘‘no.’’ question is on the passage of the joint Kelly (PA) Roe (TN) Yoder f resolution. King (IA) Rogers (AL) Yoho King (NY) Rogers (KY) Young (AK) The question was taken; and the Kinzinger Rohrabacher Young (IA) COUNTERING AMERICA’S ADVER- Speaker pro tempore announced that Knight Rokita Zeldin SARIES THROUGH SANCTIONS the ayes appeared to have it. ACT NOES—190 RECORDED VOTE The SPEAKER pro tempore. The un- Ms. MAXINE WATERS of California. Adams Crist Hoyer Aguilar Cuellar Huffman finished business is the vote on the mo- Mr. Speaker, I demand a recorded vote. Barraga´ n Davis (CA) Jackson Lee tion to suspend the rules and pass the A recorded vote was ordered. Bass DeFazio Jayapal bill (H.R. 3364) to provide congressional The SPEAKER pro tempore. Pursu- Beatty DeGette Jeffries Bera Delaney Johnson (GA) review and to counter aggression by ant to clause 8 of rule XX, this 15- Beyer DeLauro Johnson, E. B. the Governments of Iran, the Russian minute vote on passage of H.J. Res. 111 Bishop (GA) DelBene Jones Federation, and North Korea, and for will be followed by a 5-minute vote on Blumenauer Demings Kaptur other purposes, on which the yeas and the motion to suspend the rules and Blunt Rochester DeSaulnier Keating Bonamici Deutch Kelly (IL) nays were ordered. pass H.R. 3364. Boyle, Brendan Dingell Kennedy The Clerk read the title of the bill. The vote was taken by electronic de- F. Doggett Khanna The SPEAKER pro tempore. The vice, and there were—ayes 231, noes 190, Brady (PA) Doyle, Michael Kihuen Brown (MD) F. Kildee question is on the motion offered by not voting 12, as follows: Brownley (CA) Ellison Kilmer the gentleman from California (Mr. [Roll No. 412] Bustos Engel Kind ROYCE) that the House suspend the Butterfield Eshoo Krishnamoorthi AYES—231 Capuano Espaillat Kuster (NH) rules and pass the bill. Abraham Bost Comer Carbajal Esty (CT) Langevin This will be a 5-minute vote. Aderholt Brady (TX) Comstock Ca´ rdenas Evans Larsen (WA) The vote was taken by electronic de- Allen Brat Conaway Carson (IN) Foster Larson (CT) vice, and there were—yeas 419, nays 3, Amash Bridenstine Cook Cartwright Frankel (FL) Lawrence Amodei Brooks (AL) Cramer Castor (FL) Fudge Lee not voting 11, as follows: Arrington Brooks (IN) Crawford Castro (TX) Gabbard Levin [Roll No. 413] Babin Buck Culberson Chu, Judy Gallego Lewis (GA) Bacon Bucshon Curbelo (FL) Cicilline Garamendi Lieu, Ted YEAS—419 Banks (IN) Budd Davidson Clark (MA) Gomez Lipinski Abraham Barraga´ n Black Barletta Burgess Davis, Rodney Clarke (NY) Gonzalez (TX) Loebsack Adams Barton Blackburn Barr Byrne Denham Clay Gottheimer Lofgren Aderholt Bass Blum Barton Calvert Dent Cleaver Green, Al Lowenthal Aguilar Beatty Blumenauer Bergman Carter (GA) DeSantis Clyburn Green, Gene Lowey Allen Bera Blunt Rochester Biggs Carter (TX) DesJarlais Cohen Grijalva Lujan Grisham, Amodei Bergman Bonamici Bilirakis Chabot Diaz-Balart Connolly Gutie´rrez M. Arrington Beyer Bost Bishop (MI) Cheney Donovan Conyers Hanabusa Luja´ n, Ben Ray Babin Biggs Boyle, Brendan Bishop (UT) Coffman Duffy Cooper Hastings Lynch Bacon Bilirakis F. Black Cole Duncan (SC) Correa Heck Maloney, Banks (IN) Bishop (GA) Brady (PA) Blackburn Collins (GA) Duncan (TN) Costa Higgins (NY) Carolyn B. Barletta Bishop (MI) Brady (TX) Blum Collins (NY) Dunn Courtney Himes Maloney, Sean Barr Bishop (UT) Brat

VerDate Sep 11 2014 03:44 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.024 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6279 Bridenstine Gallagher Long Royce (CA) Smith (NE) Vela 407 through 413 because I was attending my Brooks (AL) Gallego Loudermilk Ruiz Smith (NJ) Vela´ zquez Brooks (IN) Garamendi Love Ruppersberger Smith (TX) Visclosky son’s induction into the Naval Academy Pre- Brown (MD) Garrett Lowenthal Rush Smith (WA) Wagner paratory School in Rhode Island. Had I been Brownley (CA) Gianforte Lowey Russell Smucker Walberg present, I would have voted: Buchanan Gibbs Lucas Rutherford Soto Walden On rollcall 407 I would have voted ‘‘no’’ Buck Gohmert Luetkemeyer Ryan (OH) Speier Walker Bucshon Gomez Lujan Grisham, Sa´ nchez Stefanik Walorski On rollcall 408 I would have voted ‘‘no’’ Burgess Gonzalez (TX) M. Sanford Stewart Walters, Mimi On rollcall 409 I would have voted ‘‘yes’’ Bustos Goodlatte Luja´ n, Ben Ray Sarbanes Stivers Walz On rollcall 410 I would have voted ‘‘no’’ Butterfield Gosar Lynch Schakowsky Suozzi Wasserman On rollcall 411 I would have voted ‘‘no’’ Byrne Gottheimer MacArthur Schiff Swalwell (CA) Schultz Calvert Gowdy Maloney, Schneider Takano Waters, Maxine On rollcall 412 I would have voted ‘‘no’’ Capuano Granger Carolyn B. Schrader Taylor Watson Coleman On rollcall 413 I would have voted ‘‘yes’’ Carbajal Graves (GA) Maloney, Sean Schweikert Tenney Weber (TX) Ca´ rdenas Graves (LA) Marchant Scott (VA) Thompson (CA) Webster (FL) f Carson (IN) Green, Al Marino Scott, Austin Thompson (MS) Welch Carter (GA) Green, Gene Marshall Scott, David Thompson (PA) Wenstrup PERMISSION FOR MEMBER TO BE Carter (TX) Griffith Mast Sensenbrenner Thornberry Westerman CONSIDERED AS FIRST SPONSOR Cartwright Grijalva Matsui Serrano Tiberi Williams OF H.R. 391 Castor (FL) Grothman McCarthy Sessions Tipton Wilson (FL) Castro (TX) Guthrie McCaul Sewell (AL) Titus Wilson (SC) Mr. JOHNSON of Louisiana. Mr. Chabot Gutie´rrez McClintock Shea-Porter Tonko Wittman Speaker, I ask unanimous consent that Cheney Hanabusa McCollum Sherman Torres Womack I may hereafter be considered to be the Chu, Judy Handel McEachin Shimkus Trott Woodall Cicilline Harper McGovern Shuster Tsongas Yarmuth first sponsor of H.R. 391, a bill origi- Clark (MA) Harris McHenry Simpson Turner Yoder nally introduced by Representative Clarke (NY) Hartzler McKinley Sinema Upton Yoho Chaffetz of Utah, for the purposes of Sires Valadao Young (AK) Clay Hastings McMorris adding cosponsors and requesting Cleaver Heck Rodgers Slaughter Vargas Young (IA) Clyburn Hensarling McNerney Smith (MO) Veasey Zeldin reprintings pursuant to clause 7 of rule Coffman Herrera Beutler McSally NAYS—3 XII. Cohen Hice, Jody B. Meehan The SPEAKER pro tempore (Mr. Meeks Amash Duncan (TN) Massie Cole Higgins (LA) FERGUSON). Is there objection to the re- Collins (GA) Higgins (NY) Meng NOT VOTING—11 Collins (NY) Hill Messer quest of the gentleman from Lou- Budd Davis, Danny Palmer Comer Himes Mitchell isiana? Costello (PA) Graves (MO) Comstock Holding Moolenaar Renacci Crowley Meadows There was no objection. Conaway Hollingsworth Mooney (WV) Scalise Cummings Napolitano Connolly Hoyer Moore f Conyers Hudson Moulton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cook Huffman Mullin The SPEAKER pro tempore (during APPOINTMENT OF INDIVIDUAL TO Murphy (FL) Cooper Huizenga the vote). There are 2 minutes remain- HEALTH INFORMATION TECH- Correa Hultgren Murphy (PA) NOLOGY ADVISORY COMMITTEE Costa Hunter Nadler ing. Courtney Hurd Neal b 1713 The SPEAKER pro tempore. The Cramer Issa Newhouse Chair announces the Speaker’s ap- Noem Crawford Jackson Lee So (two-thirds being in the affirma- pointment, pursuant to section 4003(e) Crist Jayapal Nolan tive) the rules were suspended and the Cuellar Jeffries Norcross of the 21st Century Cures Act (Pub. L. Culberson Jenkins (KS) Norman bill was passed. 114–255), and the order of the House of The result of the vote was announced Curbelo (FL) Jenkins (WV) Nunes January 3, 2017, of the following indi- Davidson Johnson (GA) O’Halleran as above recorded. vidual on the part of the House to the Davis (CA) Johnson (LA) O’Rourke A motion to reconsider was laid on Davis, Rodney Johnson (OH) Olson the table. Health Information Technology Advi- DeFazio Johnson, E. B. Palazzo sory Committee: PERSONAL EXPLANATION DeGette Johnson, Sam Pallone Ms. Cynthia A. Fisher, Newton, Mas- Delaney Jones Panetta Mrs. NAPOLITANO. Mr. Speaker, I was ab- DeLauro Jordan Pascrell sachusetts DelBene Joyce (OH) Paulsen sent during rollcall votes No. 407 through No. Demings Kaptur Payne 413 due to my spouse’s health situation in f Denham Katko Pearce California. Had I been present, I would have THANKING ELLEN MURPHY AND Dent Keating Pelosi voted ‘‘nay’’ on H.R. 3180—Intelligence Au- DeSantis Kelly (IL) Perlmutter KATIE ORREL FOR THEIR SERV- DeSaulnier Kelly (MS) Perry thorization Act for Fiscal Year 2018, as ICE AT STAR FOUNDATION DesJarlais Kelly (PA) Peters amended. I would have also voted ‘‘nay’’ on S. Deutch Kennedy Peterson 114—A bill to authorize appropriations for the (Mr. CARTER of Georgia asked and Diaz-Balart Khanna Pingree Veterans Choice Program, and for other pur- was given permission to address the Dingell Kihuen Pittenger House for 1 minute and to revise and Doggett Kildee Pocan poses, as amended. I would have also voted Donovan Kilmer Poe (TX) ‘‘yea’’ on H.R. 3218—Harry W. Colmery Vet- extend his remarks.) Doyle, Michael Kind Poliquin erans Educational Assistance Act of 2017, as Mr. CARTER of Georgia. Mr. Speak- F. King (IA) Polis er, I rise today to recognize Ms. Ellen Duffy King (NY) Posey amended. I would have also voted ‘‘nay’’ on Duncan (SC) Kinzinger Price (NC) the Motion on Ordering the Previous Question Murphy and Ms. Katie Orrel, who will Dunn Knight Quigley on the Rule providing for consideration of H.J. retire at the end of the year after more Ellison Krishnamoorthi Raskin Res. 111. I would have also voted ‘‘nay’’ on H. than 40 combined years of volunteer Emmer Kuster (NH) Ratcliffe service at the Southern Technology Engel Kustoff (TN) Reed Res. 468—Rule providing for consideration of Eshoo Labrador Reichert H.J. Res. 111—Providing for congressional Advocacy Research Foundation, known Espaillat LaHood Rice (NY) disapproval under chapter 8 of title 5, United as STAR, in Brunswick, Georgia. Estes (KS) LaMalfa Rice (SC) States Code, of the rule submitted by Bureau Ms. Murphy and Ms. Orrel created Esty (CT) Lamborn Richmond Evans Lance Roby of Consumer Financial Protection relating to the STAR Foundation in 1997 to help Farenthold Langevin Roe (TN) ‘‘Arbitration Agreements.’’ I would have also area citizens gain meaningful and re- Faso Larsen (WA) Rogers (AL) voted ‘‘nay’’ on the Passage of H.J. Res. warding employment opportunities Ferguson Larson (CT) Rogers (KY) through career training classes. The Fitzpatrick Latta Rohrabacher 111—Providing for congressional disapproval Fleischmann Lawrence Rokita under chapter 8 of title 5, United States Code, training classes at STAR include how Flores Lawson (FL) Rooney, Francis of the rule submitted by Bureau of Consumer to balance a checkbook, to use a com- Fortenberry Lee Rooney, Thomas Financial Protection relating to ‘‘Arbitration puter, and how to write a resume. Foster Levin J. Foxx Lewis (GA) Ros-Lehtinen Agreements.’’ I would have also voted ‘‘yea’’ Ms. Orrel teaches personal financial Frankel (FL) Lewis (MN) Rosen on H.R. 3364—Russia, Iran, and North Korea management and interviewing skills, Franks (AZ) Lieu, Ted Roskam Sanctions Act. and pushes her students to do their Frelinghuysen Lipinski Ross PERSONAL EXPLANATION very best every day. At the same time, Fudge LoBiondo Rothfus Gabbard Loebsack Rouzer Mr. CROWLEY. Mr. Speaker, on July 24 Ms. Murphy has been the executive di- Gaetz Lofgren Roybal-Allard and 25, 2017, I was absent for recorded votes rector at STAR since its inception over

VerDate Sep 11 2014 03:44 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.033 H25JYPT1 H6280 CONGRESSIONAL RECORD — HOUSE July 25, 2017 20 years ago, and has done a great job Mr. Speaker, unfortunately, this is for 1 minute and to revise and extend to grow the organization and reach our U.S. tax dollars at work. The mil- his remarks.) more students. lions the United States sends to the Mr. SCHNEIDER. Mr. Speaker, com- I would like to thank Ms. Murphy Palestinians are funneled to terrorists munities throughout our country are and Ms. Orrel once more for helping and their families through the so- suffering from an epidemic of gun vio- south Georgians to advance their ca- called martyrs fund. The leaders we lence. reers. prop up glorify terrorists and incite vi- In far too many cases, stolen guns f olence. represent a growing source of the weap- The American people refuse to con- ons used in these crimes. According to SANCTIONS ON THE RUSSIAN tinue this insanity. We refuse to con- the Bureau of Alcohol, Tobacco, Fire- FEDERATION tinue enabling terror against the arms and Explosives, last year alone, (Ms. KAPTUR asked and was given Israeli people. nearly 18,000 firearms were reported permission to address the House for 1 And that is just the way it is. stolen or lost just from Federal firearm minute.) f licensees, or FFLs. That is Federally Ms. KAPTUR. Mr. Speaker, I rise INVEST BORDER WALL FUNDS IN licensed dealers, manufacturers, and today to acknowledge all of my col- OTHER PROVEN METHODS TO importers. leagues who voted ‘‘yes’’ on continuous KEEP US SAFE Today I introduced the SECURE and strengthened sanctions on the Rus- Firearms Storage Act to help address (Mr. CORREA asked and was given sian Federation. That was the correct the stolen-gun problem by requiring all permission to address the House for 1 vote, and I commend the leadership of FFLs to securely store their inventory minute.) Ohio’s Senator , the Mr. CORREA. Mr. Speaker, on Friday when not open for business. leading Democrat in the other body on we are voting on a crucial funding pro- Additionally, this bill would require the Banking Committee who fought for gram for armed services. Yet somehow the Attorney General to review and put this package. it also includes $1.6 billion to begin forth further commonsense security The bill also holds Iran, North Korea, funding the construction of an unnec- measures to reduce the risk of theft, as well as Russia accountable. Specifi- essary border wall. Without discussion, and require new applicants to detail cally, Russia for interference in our the funding for the border wall was their security plans before a new li- Democratic Republic, but also for its added. cense is issued. ongoing human rights violations, its il- This wall won’t make us safer, and it There are simply too many innocent legal invasion and occupation of Cri- won’t stop drug smugglers, and it will lives being destroyed by these stolen mea, and continued military violence not keep out the bad hombres. guns. I invite my colleagues to join me in eastern Ukraine with over 10,000 If we are serious about protecting our on this bill to make commonsense im- dead due to Russian aggression. borders, then let’s invest the $1.6 bil- provements for gun safety. This bill will impose sanctions on lion in programs that have a proven f people involved in human rights record of success. Let’s invest in drug RURAL AMERICA’S abuses, those who launch cyber attacks detection canine teams. Let’s rebuild and those who supplied weapons to the our Coast Guard. And let’s strengthen CONTRIBUTIONS Assad government in Syria. President our partnership with Canadian and The SPEAKER pro tempore. Under Trump and his staff regularly question Mexican law enforcement. the Speaker’s announced policy of Jan- the intelligence that shows Russia These are the proven methods that uary 3, 2017, the gentleman from Texas interfered in our election. will keep America safe. (Mr. ARRINGTON) is recognized for 60 Given the President’s priorities late- f minutes as the designee of the major- ity leader. ly, it is imperative that Congress send PUERTO RICO’S TERRITORIAL GENERAL LEAVE a clear message and make it more dif- GOVERNMENT ficult to undercut sanctions without ´ ´ Mr. ARRINGTON. Mr. Speaker, I ask congressional approval. (Miss GONZALEZ-COLON of Puerto unanimous consent that all Members This package tells the world: Con- Rico asked and was given permission to may have 5 legislative days in which to address the House for 1 minute.) gress won’t stand by idly. But what a ´ ´ revise and extend their remarks and in- sad day we have reached when there is Miss GONZALEZ-COLON of Puerto clude extraneous material on the topic Rico. Mr. Speaker, Puerto Rico’s terri- doubt whether sanctions against of my Special Order. torial constitution is 65 years old Putin’s Russia, liberty’s proven adver- The SPEAKER pro tempore. Is there today. An act of Congress authorized sary, will be even signed by this Presi- objection to the request of the gen- the island’s people to pass a charter of dent of the United States. tleman from Texas? the local government. There was no objection. f It did not, however, eliminate Fed- Mr. ARRINGTON. Mr. Speaker, I rise eral authority to govern Puerto Rico in STOP FUNDING PALESTINIAN today in support of my friends, my local matters. The island’s constitu- TERRORISTS family, my neighbors, and my fellow tion names the territorial government (Mr. POE of Texas asked and was Americans in rural communities all a ‘‘freely associated State’’ in Spanish, given permission to address the House across this land. I am proud to rep- but we are not a freely associated for 1 minute and to revise and extend resent 29 counties in rural west Texas. State because we are not a sovereign his remarks.) I am grateful that I grew up in a small nation. Mr. POE of Texas. Mr. Speaker, last Under the U.S. Constitution, Puerto town—the town of Plainview, Texas, a Friday night, an Israeli family sat Rico remains subject to a territorial little farming community. down for Shabbat dinner to celebrate clause until it becomes a State. Proof We are the sum of many things and the birth of a new grandchild, but a 19- of that power is PROMESA, which in- many contributions and influences, and year-old Palestinian terrorist put an stalled Federal appointees to make I am thankful for the influences of that end to this joyous occasion. final decisions on Puerto Rico’s fiscal town. I am grateful to my coaches and The terrorist brutally attacked the matters. my teachers. I was inspired by Ms. Salomon family with a large knife. The Americans I represent want to Becky Taylor, my first government Pictures of the family’s home show a exercise self-government in local mat- teacher at Plainview High School. I white floor stained red with the blood ters once again; but, more importantly, have countless people to thank, and as of the innocents. want to fully possess that power as the I walk the Halls here, and as I stand on A father and two of his children were States do. the floor of the House and cast my vote murdered that night. Upon learning of f for the people I represent, I think the tragic event, Palestinians in Gaza about all of those people who have took to the streets to sing, dance, and SECURE FIREARM STORAGE made an investment. celebrate. No Palestinian leader has (Mr. SCHNEIDER asked and was You see, in rural America, they take even condemned this grizzly attack. given permission to address the House responsibility for their community.

VerDate Sep 11 2014 03:44 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.084 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6281 They believe in making investment in deliver results, you are not a leader in year-olds. He went to Minneapolis all of those young people who are rural America. The proof is in the pud- looking for work. Of course, he found working their way through the school ding. So I am especially excited about it, and then he found my mom. You system, who have big dreams to make this opportunity in the life of our Na- know how that goes. So she told him a difference in the world, and I was one tion. I am exceptionally honored to that is where he was going to live for a of them. serve in this august body with so much while, and so that is where I was born. I pray I could be a champion for rural history. I had to walk all of a half a mile to America. I pray I will be an effective I am overjoyed that I wear the rural work on a farm to help. It was about a legislator and that I will be a strong America jersey when I stand on this 200-head dairy farm that also had some voice for a people that feel often that floor. I am going to do all I can to fight corn and some soybeans, and they had they don’t have a voice. Maybe it is be- for the future of this country, which hay. I learned how to bale hay, I cause we don’t have the votes, and means I am going to fight for rural learned how to not fall off the wagon, maybe it is because we don’t have as America’s traditional values, and I’m and I learned how to shoot the silage many people, but what we don’t have not going to apologize for it because, into the silo and not fall into the silo in numbers of people, we more than again, where we come from is a lot of when you are doing it. make up for in our contribution to this who we are, and who we are is a whole One of the least favorite jobs was country in the food, in the fuel, in the lot more important than what we do. cleaning up the dairy barn because it fiber that we produce in rural America. I am rural America. I am traditional had those unique aromas. On a hot Au- The folks who I represent help put values. I am from the land of farmers, gust day, you learn that they are all food on the table of all Americans. ranchers, and public schoolteachers unique, but they are all important to They put clothes on the backs of all who believe they can have an impact the betterment of what we are trying Americans. They help fuel this great on a kid and inspire him to believe he to accomplish here. American economy. They give us en- can change the world. You are looking When you work with your hands—I ergy independence. at one of them. have seen firsthand how rural America They allow us to have an affordable, Mr. Speaker, I thank Miss Becky works, the dedication, the hard work, safe, and abundant supply of food. We Taylor, I thank Coach Cunningham, I and the life that on a daily basis begins take it for granted. When you ask folks thank Coach Irlebeck, and I thank before the sun rises and, in many cases, around the country, especially in urban youth minister Karl Shackleford. I ends long after the sun sets—that is and suburban areas, ‘‘Where does your could go on and on. commitment. It is not only commit- food come from,’’ many answer, ‘‘The I stand on the shoulders of a lot of ment to your family, it is commitment grocery store or the food truck.’’ good people in small town, middle to yourself, and it is commitment to America, and I don’t stand alone. I your God that you know that you are b 1730 stand in the company of great men blessed with what we have in our land. My colleagues and I are standing whom I have met since I have been It is such important work. DANIEL today to speak about the virtue and here. I know a lot of Americans look at WEBSTER said: the values of rural America and the this United States Congress as dysfunc- ‘‘Let us not forget that the cultiva- contribution to this great experiment tional and do-nothing, and do you tion of the earth is the most important in democracy and liberty. We know know what? They are right in many labor of man.’’ that it is by the blood, sweat, and tears ways. But I look at the individuals, and ‘‘The farmers, therefore, are the of farmers and ranchers all across this I see some of the most impressive, pa- founders of civilization.’’ great land. triotic people who want to make a dif- It is so easy to believe that when the I love everything about rural Amer- ference. lights go off at the grocery store at ica, Mr. Speaker. I love the people, I I am thankful that in this fight for night that the food just magically ap- love the values, and I love our way of the heart and soul of this country, in pears on the shelves. It is amazing how life. We are not just the energy basin, this battle for the identity of our Na- that just happens. Well, we know it and we are not just the breadbasket. tion, this constitutional Republic, I doesn’t just happen. It is the last in a We are the backbone of this country. If have got folks in the foxhole with me. series of long steps. Rural America you lose rural America, then you lose To start my foxhole friends who knows better than anyone what it something very special. You lose those stand on the side of rural America, I takes to get the food on those shelves. traditional American values that are want to introduce a great American, a Rural America feeds the world, pro- at the heart of the greatness of this dear friend, and the president of our duces resources that are used in other country. freshman class. He comes from a big industries, acts as job creators and the They are counting on us—all of us swath of rural Michigan, Michigan’s foundation of the economy, provides who represent rural communities—to First District. He is a general, he is a food security, and contributes to the fight for them. If you think about this soldier, he is a businessman, and he is moral fabric of our society. Presidential election, more than 70 per- a proud granddad. When I think of Farmers face so many challenges al- cent of rural communities and people JACK BERGMAN, I think of a leader. He ready. They are at the mercy of the living in rural areas in the swing is a leader. weather, crop volatility, and ever- States voted for our President. They I am proud to serve with JACK changing prices. Why is the govern- felt voiceless and powerless. They felt BERGMAN. ment so insistent on adding more rocks like they were losing their country, Mr. Speaker, I yield to the gentleman to the pack of the farmer who is al- and they wanted their country back. from Michigan (Mr. BERGMAN). ready overburdened in so many ways? They were tired of political correct- Mr. BERGMAN. Mr. Speaker, how do They don’t need any more headaches. ness. They were tired of do-nothing in- I even start after getting an introduc- I have often said that if something stitutions and politicians that said tion like that other than to say that I works in Michigan’s First District, it they were going to change things and am so blessed to be part of what I will will work anywhere. We are largely then—status quo. put up against any Congress as the fin- rural. We have got a lot of big water They know, as well as anybody, what est freshman class that has come shoreline, and part of that big water is at stake in the next few years and across this floor to be sworn in. I am shoreline provides the water to cul- the next several years. This window of just proud to be one of Mr. ARRINGTON’s tivate our fields. We grow a lot of pota- time is special. They came out strong colleagues. toes up there. Anybody who really in support of our President because Mr. Speaker, when you talk about loves potato chips, chances are they they wanted something different. They rural America, how do you know it if came from a potato that started in wanted results. you have never been part of it? I was Michigan. We grow sugar beets, cher- Rural America defines leadership dif- born, raised, and grew up in a little ries, and apples, just to name a few. In ferent than we do. They define leader- Minnesota farming town. My dad came fact, just this past weekend, back in ship as working together to solve prob- from the Upper Peninsula of Michigan the district, I had a chance to really lems and deliver results. If you don’t because there was no work there for 18- taste the cherries that we picked off

VerDate Sep 11 2014 03:44 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.086 H25JYPT1 H6282 CONGRESSIONAL RECORD — HOUSE July 25, 2017 the tree because it is that time of the the rural economy is getting the pa- Georgian, Sonny Perdue. This task year. tient stabilized and off life support so force was created with one goal in We should be looking forward and we can live to farm, to fight, and to mind: to promote economic growth and looking to rural America as the exam- have the kind of quality of life that we innovation in rural America. As a ple for success, not trying to hold it love for another day. member of the House Agriculture Com- back with bureaucratic regulations and Mr. Speaker, I have got a good friend mittee, I look forward to working with out-of-control government spending. It that I have made since I came to the Secretary Perdue on this mission, as is time to cut through the red tape. United States Congress. The gentleman well as the next farm bill, which is Rural and urban survival depend on it. is from the 12th District of the great critical to the lifeblood of our farmers. Power belongs in the hands of the indi- State of Georgia. He is a son of a farm- From looking at cotton to peanuts, vidual—the farmers, the loggers, the er. I bet he knows something about to specialty crops and the programs fishermen, the miners, the ranchers, working the land. I bet he knows some- they are using, I have participated in and every other hardworking man and thing about a work ethic. I bet his numerous hearings on how to make the woman in so many districts around the daddy taught him something about next farm bill successful for all of our country and especially in our First Dis- that. farmers. I am working hard to make trict of Michigan. Mr. Speaker, I yield to the gentleman sure the commodities most important Mr. Speaker, speaking of hands, peo- from Georgia (Mr. ALLEN) who is my to Georgia’s 12th District are pro- ple who work with the land know when friend and a businessman. The gen- tected. you are working with your hands that tleman received the Augusta Metro We also have a crisis in our commu- you don’t just go right to the harvest. Chamber of Commerce Small Business nity banking system. Community You first must till the land. You have of the Year Award, and he will talk banks are the lifeblood of the creation to plant. You have to manage the about rural America and why it is so of small business. We continually lose growing season. Only then, after that important to making America great. our community banks. That is why I long process that you cannot shortcut Mr. ALLEN. Mr. Speaker, I thank my am so proud of Chairman JEB HEN- SARLING and his work to pass the in any way, then comes a successful friend, Congressman ARRINGTON, for harvest. It has to happen in order. this Special Order and for this oppor- CHOICE Act. The CHOICE Act reduces the regu- There is no other way. So anyone who tunity to talk about what makes latory burden on our community expects good things happen easily has America great. banks. It allows them to thrive and to never been a farmer and has never been Mr. Speaker, I am a product of rural provide the capital to grow the small working with their hands. America. I did learn a lot about work It is our job not just to honor but to business community in our rural areas. ethic and about values. I can’t think of raise rural Americans up as an example Small business in our rural commu- any other way to grow up, to be honest that hard work and traditional Amer- nities accounts for about 75 percent of with you. Sure it was difficult, and ican values are still something to be all new job growth. sure I probably had some times where I admired so deeply. We also have to fix healthcare. We Mr. Speaker, it is an honor just to be thought I would like to be somewhere are losing a number of our community talking about this subject tonight. It else. But I will tell you, there was hospitals. I know in Congressman actually makes me want to somehow nothing like it, and I take and cherish ARRINGTON’s district, in small towns, figure out a way to get back to the dis- those memories. I have tried to instill the community hospital is the largest trict right away to finish up the cherry those in my children as well. employer in that community, and it is harvest. It looks like we are going to b 1745 critical that we repurpose those hos- have a really good one this year be- It is the greatest honor of my life to pitals, that we fix healthcare and we cause God has blessed us with good represent the people of Georgia’s 12th provide healthcare for our rural areas. We also need to look at technology. weather. Congressional District, which is largely Rural America is who we are, and it There is a tremendous need for rural. We have 18 counties. About 15 of is who we fight for. I am proud to be a broadband and expanding our those counties would be considered Member of the 115th Congress. broadband capabilities. I know the rural. My district is home to the Mas- Mr. Speaker, I thank the gentleman President is talking about a major in- ters Tournament and the growing from Texas (Mr. ARRINGTON) for the op- frastructure package. Broadband needs portunity to speak on something that cyber industry in Augusta, but it is our to be a part of that infrastructure is so passionate and dear to my heart. rural farms that are the true heart of package because the 12th District of Mr. ARRINGTON. Mr. Speaker, I my district. Georgia, through technology, could be thank the gentleman from Michigan Georgia’s 12th District is rural, and I the new Silicon Valley of the East for his wonderful, beautiful, and heart- am proud to say it is truly God’s coun- Coast. We would like to see that trick- felt words about where he comes from, try. You won’t find more steadfast, le down into our rural areas, and it how that shaped him, and how deeply faithful Americans than in rural Geor- can, but we have to have the capability he believes in the people in the coun- gia. of the broadband. try, as we say in west Texas. He talked Agriculture is the number one indus- As far as the future of rural America, about a lot of things. He talked about try in my home State of Georgia. It is we are seeing tremendous strides made the folks who work the land, and he also the number one industry in my as far as technology, as far as farming. talked about traditional American val- district. Our farmers have been forgot- Last year, I planted peanuts. I was op- ues. Mr. Speaker, I think you are going ten by out-of-touch politicians and erating a tractor, which I remember to hear some common themes from my unelected bureaucrats here in Wash- operating as a child and a teenager and colleagues this evening. ington, particularly over the last 8 having to pay attention to all the mov- The gentleman also mentioned the years. ing parts. I tell you, I sat on this trac- burden of Big Government. I said, com- Farm income, for example, is down tor and I planted 17 inches over from ing into this office and after 8 years of more than 55 percent, largely due to the year before, and I never touched the advent and explosion of Big Gov- what our President has talked about, the steering wheel. The technology is ernment, that when our economy in which is our trade policies. However, as amazing. urban and suburban is like a patient of last November, we are approaching a I was with a group of farmers the who is sick, the rural patients are in new day. This is President Trump’s day other day and we were talking about the ICU because small businesses, com- and President Trump’s America. That God is blessing us with a lot of rain and munity banks, and family farmers bear is why I am proud to have a President if it continues, we are going to have a a disproportionate burden when it that knows that rural Americans de- bountiful crop, a great yield. They comes to the trillions of dollars and serve more. said: Yeah, we are good 8 inches down, the cumulative effect of all the rules In April, President Trump created but the other 8 inches we are a little and regulations out of the last year. the Interagency Task Force on Agri- concerned about. They have these So rescuing the American economy is culture and Rural Prosperity to be led probes that are measuring how much about helping a sick patient. Rescuing by Secretary of Agriculture and fellow water we are receiving.

VerDate Sep 11 2014 03:44 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.088 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6283 So we have a got a lot going on in our uate from the good public schools that I have got another dear, new friend rural areas. We just, as a body here, we have in rural America, they go off and fellow freshman Member of Con- need to provide our farmers, our small to college or technical school, but they gress who is a great American. He business people, with the tools they don’t come back. There aren’t the same hales from the great State of Lou- need to get the job done, and they will opportunities, unfortunately, in many isiana, my wife’s home State. He rep- get the job done. of the rural communities as there are resents the Third District. I was about Again, I want to thank my distin- in the more urban and suburban areas. to say I have a couple more racehorses guished colleague from Texas, Con- I believe that we can change that be- for rural America in the stable. He ac- gressman ARRINGTON, for shining the cause rural America has so much to tually was raised on a horse ranch near spotlight on rural America tonight. It offer. We have work ethic. We have Covington, Louisiana. is the lifeblood of this country. I want available skilled workers. We have He is a veteran and highly decorated to see rural America become every- communities where everyone knows ev- law enforcement officer. He is a man of thing it needs to be. eryone. Everyone has a spirit of com- deep and abiding faith. I say that God We are seeing improvement in the munity. We have good churches, good probably hears all of our prayers, but economy through many pieces of this schools, and good rural hospitals. when he speaks and prays with that legislation that we are passing. I hear So I believe that we need to spread thick Louisiana accent, I think he en- it from the business community and that message as Members of Congress. joys his prayers more. some of our city centers. It is time for As Members of Congress, we also need Mr. Speaker, I yield to the gentleman that to trickle down into rural Amer- to invest in rural America. from Louisiana (Mr. HIGGINS) and pray- ica. As was mentioned earlier, one of the erfully ask him to speak about rural Again, I thank the gentleman for President’s main priorities is an infra- America and why it is important to shining this spotlight. structure bill. I believe that we need to this country. Mr. ARRINGTON. Mr. Speaker, I invest in infrastructure. I believe in a Mr. HIGGINS of Louisiana. Mr. thank my colleague from Georgia for limited government, I believe in small Speaker, I thank the gentleman from his personal experience in agriculture, government, but I do believe it is the Texas for yielding. in a farming family, and a man who government’s responsibility to do cer- I recognize my friend, Representative loves all that is good about rural tain things. One of those things that is JODEY ARRINGTON, as exactly the type America and knows that what is good the government’s responsibility is to of American that our Founding Fa- about rural America is what is helping invest and maintain infrastructure. thers envisioned serving within the make this country great. When we talk about infrastructure, it House of we the people. I have got other colleagues that I is not just interstates and airports. It Mr. Speaker, I rise this evening to want to invite to speak. We have got is also things that we need in rural highlight the importance of American folks from Illinois, Michigan, and some America, like broadband and wireless agriculture and the spirit of the Amer- colleagues from Texas. technology. ican farmer. Being raised on a horse I am looking at a guy from the Com- I believe that we can create an envi- ranch, I learned at an early age the monwealth of Kentucky, another new ronment with public-private partner- value of work and that rural America friend, a dear friend, and a friend of ag- ships where we can make that invest- wasn’t just a place, but a way of life. riculture. He is a guy who not only ment to help revive rural America and Now my wife and I live in a 1,000- knows agriculture because he took a help to create jobs in rural America to square-foot, 65-year-old, wood-frame loan out right after graduating from keep our best and brightest in rural home in the middle of farm country in Western Kentucky and started a farm- America. south Louisiana. We have nine pecan ing operation—he claims it is success- Growing up in Monroe County, which trees, two magnolia trees, and two ful today. I believe him—he was also is a rural community in south-central bushes with flowers on them. I am not the ag commissioner of Kentucky. He Kentucky, I had the opportunity to go sure what they are, but I know she served in the Kentucky House, and now to Monroe County schools, where I knows. She enjoys them. They bloom he is lending his expertise and his love knew every student in my class. I knew once a year. Other than that, it is just an honor for this country and all things about the teachers, I knew where they lived, to represent my district, which is deep- rural America to the First District of I knew where they go to church. I ly agriculturally centered: farmers, Kentucky. played every sport I could play and ex- Mr. Speaker, I yield to the gentleman celled in none, but I enjoyed that op- ranchers, fishermen, oil and gas work- ers, petrochemical workers. They are from Kentucky (Mr. COMER). portunity and learned a lot about it. Of Mr. COMER. Mr. Speaker, I thank course, we went to church on Sundays. salt-of-the-earth folks who know what Representative ARRINGTON for shining Throughout my business career as a it is to earn a living. They understand the spotlight on rural America today. farmer, the president of the Monroe sweat. They understand labor. In rep- I am proud to be a product of rural County Chamber of Commerce, a State resenting my district in Louisiana, America. The great thing about grow- representative, and as a commissioner these are the industries that stand up ing up in rural America is you learn of agriculture, I always worked hard to our rural communities. They are the values, you learn morals, and you learn try to promote and be positive about backbone of our economy. My district is home to the heart of a work ethic. Not every individual in rural America. Now as a Member of sugarcane for the entire country. Cane America has that opportunity. So Congress, I want to join with my fellow farmers in south Louisiana account for those of us that grew up with that up- colleagues that represent rural areas about 20 percent of all sugar produc- bringing in rural America should ap- like the First Congressional District of preciate that. tion in the United States. Kentucky and make sure that we make My district is also home to the rice That is why, when I took the oath of that investment to where we can take capital of America. Crowley, Lou- office as a brand-new Congressman rural America to the next level. isiana, right in the heart of Cajun back in November, I said my number So I appreciate Congressman country, is home to more rice mills one priority is to promote agriculture ARRINGTON creating this opportunity than anywhere else in our Nation. and restore and revive rural America. I tonight to talk about rural America. I Those two crops, alone, account for believe we can. I believe in the future pledge to work with him and our col- billions of dollars in economic output of rural America. But we are going to leagues to see that we can make a every year and employ tens of thou- have to work together. brighter future for rural America. sands of hardworking Americans. Rural America has many challenges Mr. ARRINGTON. Mr. Speaker, I Given a level playing field and oppor- right now. The number one challenge is thank the gentleman from Kentucky tunities to compete on a global scale, the economy. We need to help create for his passion and his resolve to be a American farmers will always win. good-paying jobs in rural America, be- voice for rural America and for agri- cause in rural America we are faced culture. It has been great to serve b 1800 with a brain drain. That is why our alongside of him on the Agriculture That is why we are working to put best and brightest young people grad- Committee. American farmers first to open new

VerDate Sep 11 2014 04:13 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.089 H25JYPT1 H6284 CONGRESSIONAL RECORD — HOUSE July 25, 2017 markets, expand American exports, GUSON), to talk about that and any- incredible talents that are yet to be and create jobs in our communities. We thing else, and there are lots of great tapped into. are rolling back regulations that slow things to talk about with respect to I believe that we can tap into those growth, stifle innovation, and restrict rural America. talents, and I believe that those talents the agricultural industry’s access to Mr. FERGUSON. Mr. Speaker, I can be highlighted, they can be the resources and manpower it needs to would like to thank my colleague, the brought out, and they can be enhanced thrive. Representative from Texas (Mr. by allowing our education systems to We have made great strides this year ARRINGTON), for highlighting this most be adaptive, to be able to train these to help our farmers, and we will con- important part of our American cul- young people, young adults, the future tinue to do so. Just last week, a ture, the rural America. of rural America, to give them the groundbreaking rice export agreement As you mentioned, I came from a skills that they need so that they can with China, the world’s largest rice small town, like many small towns become a competitive part of the 21st consumer, was announced. This opens a across this Nation, and we have seen century economy. massive new market to United States our area fall into decline, but we have I think that many of our States that rice farmers. seen what happens when you have a have large metropolitan areas like we These are the type of landmark pol- tremendous rebirth in your local econ- do in Georgia with Metro Atlanta have icy victories that elevate American omy. a desire to tap into this wealth of tal- farmers and bring economic growth to But there are so many parts of our ent in this workforce that exists in our rural communities. I am com- great Nation in my great State of rural Georgia, and I believe that it mitted to an America First agriculture Georgia that simply don’t have the op- gives families a chance to stay to- policy where American farmers com- portunities that other areas do, and gether because it creates economic op- pete and win. Agriculture is a critical that is not necessarily new. It is some- portunities for families in rural Geor- industry that bolsters economic thing that we have faced in America gia that simply do not exist right now. growth and ensures American inde- before, and our country has always So think of a vision for rural Amer- pendence and national security. stepped up to find the right answers, to ica where we are connected with new In my home State, we understand give access to success to the people in infrastructure and information tech- that our economy is run on the sweat rural America and, in my case, rural nology systems that allow the talent of hardworking American patriots. Georgia. that we have congregated in rural As Congress moves forward, I will And if you think about that, we have Georgia, every small town across this continue to work tirelessly with my done that in multiple ways. We have great Nation, to be able to harness that colleagues on behalf of our farmers and built infrastructure there that includes power, to tie it back into our metro- producers to provide Louisiana’s agri- highways. We have built electric grids politan centers, to create vibrant eco- cultural industry with critically need- to the rural parts of our communities, nomic opportunities, let us figure out ed support. I am proud to represent a telecommunications. It has been abso- ways to harness that economic oppor- district so strongly rooted in the spirit lutely amazing to see what happens tunity to be able to generate revenue of rural America, and I am honored to and the benefits to this Nation that to further enhance our school systems stand with my colleagues today in loud come when we invest in infrastructure and enhance our communities in rural and vocal support for the Americans to rural Georgia and to rural Alabama America. who we serve in rural America. and any other State in this great Na- We have incredible talent, and we Mr. ARRINGTON. Mr. Speaker, I tion. need to bring that talent to the top. We thank the gentleman from the great One of the things that we have got to need to make sure that the talent State of Louisiana for his comments recognize is all of the wonderful things stays in rural Georgia and all of our and his heartfelt commitment to his that we have going on that have been communities, and I believe that we can district, to the farmers, and the ranch- highlighted by our colleagues here to- do that. ers like the ranch he grew up on. This night, the agricultural industry that We have got to make the commit- is personal for CLAY HIGGINS, and I exists, from everything like our col- ment to build infrastructure across know when he says he is going to be a league from Louisiana talked about, this Nation as we have in the past, and champion for rural America, you can my colleague from Georgia, the farm- I believe the future of rural America is take that to the bank, and I want to ing communities. In our area, we have with rural broadband creating business thank him for his comments. a tremendous number of cattle farm- and educational opportunities where I have other colleagues who are here ers, dairy farmers, folks who grow pine we are going to harness tremendous and want to speak loudly and proudly trees. talent and reap tremendous benefits. for the folks from rural America who All of those things are important, Rural America is so important to the are counting on us. What we lack in but we have got to talk about enhanc- fabric of our Nation. It is so important numbers up here, we got to make up ing that in a new direction for rural to the people, to the leadership, to our for in strength of leadership. I am look- America. As has been talked about economy, to who we are. The greatness ing at the bench right now, and I am here tonight, a big part of that has to and the freedoms that we enjoy are ex- believing that we can overcome those be new infrastructure and an informa- emplified nowhere better than in rural numbers with effectiveness and with tion highway known as rural America. the strength of leadership and courage broadband that goes into America. I am proud to be from rural America, that it takes to get something done in We have companies right now I am proud to raise my family there, this town and in this institution. throughout this great Nation that are and I believe that the future is bright. The next gentleman who I want to wanting to invest in many areas. A lot Mr. ARRINGTON. Mr. Speaker, I introduce to the American people who of times all they are asking us to do is thank the gentleman from Georgia for are watching with great anticipation is to get out of the way and let the pri- his comments, and what a strong lead- another freshman wonder from the vate sector take over and do it. er he has been for our freshmen class, great State of Georgia, whose district If we do that and we build that infra- and what a great representation of his is home to a portion of western Geor- structure but we fail to educate our district in the great State of Georgia. gia. He went off and got his dental de- children in a 21st century economy, And who knows better about the gree and came back to where he grew then we have built infrastructure that challenges of sustaining rural commu- up, West Point, Georgia, came back will never reach its full capacity. nities than a mayor who is fighting the home to small town America, and I So not only is building broadband to fight at the local level. And so I am reckon he did for a lot of reasons, but the rural community so vitally impor- just so grateful that he spoke from his probably at the top of the list was he tant, pairing our education system to heart this evening about our friends wanted to raise his kids in small town that is vitally important, too. I believe and family and our neighbors back America. in our rural communities there is a home in small town America. Mr. Speaker, I yield to the gentleman wealth of talent, people of all back- I have got another good friend and a from Georgia’s Third District (Mr. FER- grounds, ages, demographics that have guy who knows something about rural

VerDate Sep 11 2014 04:13 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.091 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6285 America. His district takes up almost today, we can have record yields from Illinois, you understand that the the entire State of Nebraska. He has amidst a drought. That not only helps ‘‘S’’ is capitalized on the word ‘‘south- had Nebraska as his home and his fam- producers, that helps consumers, and ern’’; and that is because it is a unique ily’s home for six generations. that literally helps every person area in itself. It is nowhere near—and He served at the local level and at around the world. there are great people in the Chicago the State level, but his greatest claim And America is a big country, we area, but we are farther—well, actually to fame is that he married a good know that, and oftentimes there seems the district starts just across from St. friend of mine who served with me in to be somewhat of a disconnect be- Louis and goes south to where the Mis- the George W. Bush White House, An- tween rural America and urban Amer- sissippi River and the Ohio River come drea. And I didn’t know him before An- ica. together. There are a lot of farming drea, but she has done a great job of Interestingly, I like to share this communities there. cleaning him up, and I look forward to story. There was a very well-meaning In my opinion, though, we don’t talk his comments. civil servant who visited rural Ne- enough about our rural communities Mr. Speaker, I yield to the Rep- braska a while back, and we were tour- here on the House floor. So, I am really resentative from Nebraska’s Third Dis- ing part of Nebraska. We turned onto a glad that we are having that oppor- trict (Mr. SMITH). gravel road, and this well-meaning in- tunity tonight. Mr. SMITH of Nebraska. Mr. Speak- dividual said it had been about 20 years In so many ways, you have to realize er, I thank Congressman ARRINGTON for since he traveled on a gravel road. that our rural areas are the backbone yielding. It is great to join him and I don’t think there was any intended of this country. But if you listen to the others here this evening to really cele- disrespect at all, but certainly a dif- media and the advertisers and the Hol- brate rural America. ference of perspective. And so here we lywood producers, you would think A lot happens in rural America. Of- are, literally raising the awareness of there wasn’t anything between the tentimes, it kind of flies under the all of America in terms of what we can East Coast and the West Coast. But, let radar. That is okay. That is generally do in rural America as we do focus on me tell you, I am here today to say the way rural Americans like it. It is helping feed the world, helping feed that there is. interesting. As I represent the 75 coun- America, certainly, but applying bio- Too many of these small commu- ties of Nebraska’s Third District, it is technology out across the fields and nities are struggling, trying to get part of two different time zones and across the prairies of rural America. through, and, quite often, are weighed just a diverse perspective there of And when it comes to trade, we know down by things that we do here in many different Nebraskans. that we are good at producing agri- Washington. They want investment. I would say that anecdotally, at culture products. We want to sell our They care about the growth of their least, the most common request among products around the world, especially communities and they care about jobs. my constituents is to be left alone. And when 96 percent of these customers re- But when the press talks about jobs, it is interesting that when we talk side outside our country. So that is the same industries that come up every about policies like waters of the U.S. why I hope that we can focus on trade time are the tech startups, the con- or various—healthcare, interestingly, policies moving forward so that we can sulting firms, the real estate compa- you know, a lot of promises were made bring some prosperity to the home nies, and the new restaurant chains. there that haven’t panned out, and so I front amidst a struggling ag economy. Those are all good, but one group that am grateful that I can represent so Let us be honest about that. Crop doesn’t get talked about enough is our many Nebraskans who are focused on prices are not what they were, but farmers. solutions, and I seek to really reflect property taxes are still high, input And let me tell you, that is not some- their ideas as solutions here in Wash- costs are still high, and we want to do thing new. It has happened over many ington. what we can to bring stronger market years. This Nation’s farmers have Obviously, there is a lot happening prices to agriculture. planted and kept us fed for all the now. I would say all too much or all years this great Nation has been in ex- too often there is so much bickering b 1815 istence. that we can’t get to the solutions that That is why we want to and we need And I am going to tell you that Ben- we know will help the American peo- to focus on the global economy that is jamin Franklin called farming the only ple. so important. honest way to acquire wealth. Thomas I am proud to represent the top pro- I am grateful to have the opportunity Jefferson said our government would ducing agriculture district in the coun- to stand here and really celebrate rural remain virtuous as long as it remained try, and of course, with 75 counties, we America, as we do have so many of the chiefly agricultural. Illinois’ own Abra- have a lot of production, whether it is solutions that our country needs right ham Lincoln was born into farming and livestock, whether it is row crops. I am now. described agriculture as a great call- happy to have helped start the Modern Mr. ARRINGTON. Mr. Speaker, I am ing. Agriculture Caucus, and I am grateful honored that the gentleman from Ne- In southern Illinois, beginning farm- for colleagues participating in this ef- braska joined us to lift our voices high, ers tell me their cost of doing business fort to focus on new ways of doing as our flag of rural America flies high is climbing and their income is shrink- things in terms of agriculture. in this House. We think about those ing. We know that, obviously, agriculture families, those middle and working This is not the first time this has has been around a long time, and class families, every day as we govern happened. I want to kind of express a things change. Resources can change on behalf of the people we represent. story that took place several years oftentimes, but I am glad that we can Mr. Speaker, I have got another gen- ago. focus on new ways of doing things that tleman who I am learning a great deal Right now, in the Agriculture Com- we know are good for the environment. from as I serve with him on the House mittee, we are working on the farm We conserve resources, natural re- Agriculture Committee and the House bill. Well, the first farm bill came into sources and others, as we focus on re- Committee on Veterans’ Affairs. He is existence because then-President Ron- search that has led to increased yields a very passionate man from the great ald Reagan began to hear from the for our crops so that we can help feed State of Illinois’ 12th District. He is a farmers around this Nation of the prob- the world. firefighter, the son and grandson of lems that they were facing and the We know that many countries around coal miners, and a proud daddy. concerns that they had. And one in par- the world look to America as leaders in Mr. Speaker, I yield to the gentleman ticular farmer, a man by the name of agriculture, especially production agri- from Illinois (Mr. BOST). Herman Krone, who lives in a little culture, and so I am glad to help reflect Mr. BOST. Mr. Speaker, I thank the town called Du Quoin, Illinois, about 18 to those successes, help celebrate those gentleman from Texas for hosting this to 20 miles from my home, wrote a let- successes. Special Order on rural America. ter. Because back then you didn’t send Who would have thought that not so I am a proud resident of a rural dis- emails and you didn’t send texts. You long ago, who would have thought that trict in southern Illinois. If you are actually wrote letters. He sent it to the

VerDate Sep 11 2014 04:13 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.092 H25JYPT1 H6286 CONGRESSIONAL RECORD — HOUSE July 25, 2017 President, not thinking that he would munities for generations to come. It only provides goods to our Nation, but get a response, but he just wanted to really is all about the next generation. also serves as a learning institute, so voice his concern of his son Rick, and Each one of us in this House hopes we can train the dairy farmers of to- was Rick going to stay in the family and prays that this Nation holds and morrow. business. Well, he really couldn’t be- grows, and the next generation has to I would also like to recognize the Co- cause of the high risk of doing business come up. We need that generation of manche Peak Nuclear Power Plant, lo- in our agricultural communities. farmers to make sure that they stay on cated in rural Glen Rose, Texas. This Well, one night—as a matter of fact, the farm. power plant has been providing reliable it was a Sunday night, if I remember Mr. ARRINGTON. Mr. Speaker, I clean power to Texas’ electric grid for correctly, because I heard this story thank the gentleman from Illinois for almost 27 years. Taking up approxi- from Herman himself before he his heartfelt comments about rural mately 10,000 acres of land, this plant passed—the phone rang. Now, I under- America. I am so proud to be shoulder can power about 1.15 million homes. stand it wasn’t a cell phone, like we to shoulder with him in this righteous Their standard of quality is what has have now. It was actually hardwired to cause. made Comanche Peak one of the best the wall. The phone rang, he reached Mr. Speaker, I now have the greatest nuclear power plants in the Nation, over and picked it up, and someone privilege of the night for me, because and I am proud to represent it in our asked: Is this Herman Krone? Mr. this man has been a mentor and a district. Krone? friend for many years and has probably It is because of rural places like He said: Yes. done as much as anybody to welcome these and the people that work there They said: Can you hold for the me and coach me up so I can represent that our country is able to run depend- President? west Texas to the best my abilities. He ably and efficiently. It is why America Herman said: The president of what? is from the 25th District of Texas, and is the greatest country in the world. The man on the other end said: The he is an all-American baseball player. And we sometimes think Texas might President of the United States, Mr. Let me tell you, he won back then and be the best place in America. Ronald Reagan. he is winning now. I am just so proud I applaud their efforts, and I look for- He said: Well, you are kidding me? that he is on the side of rural America ward to continuing to represent them The man said: No, Mr. Krone. It real- and helping rural America win in the here in the United States Congress. ly is. outcomes of public policy so we can And I remind you that you need to go Sure enough, the President himself keep it strong and vibrant and keep see the 25th District. You are going to called Herman. America great. like it. He said: Herman, I read your letter, Mr. Speaker, I yield to the gentleman But the people in the 25th District and I realize that you understand what from Texas (Mr. WILLIAMS). just ask several things. They just ask the problems are that the rural farmers Mr. WILLIAMS. Mr. Speaker, I thank that we believe in the Constitution. are facing today. the gentleman for that nice introduc- They just ask that we have a con- He said: I will tell you what I would tion, I thank him for what he is doing, science. They just ask that we listen to like to do. I would like to come to your and I thank him for bringing rural them. And they also just ask that we farm. You bring a group of your agri- America together tonight in the peo- read the Bible. I am proud to represent cultural people together and I want to ple’s House. the people in the 25th District. talk with them. Mr. Speaker, I would like to take In God we trust. And, sure enough, the next month or this time to recognize rural America Mr. ARRINGTON. Mr. Speaker, I so, President Ronald Reagan came. The and the impact it has on our Nation. thank the gentleman from the great conversation he had, along with other Rural America makes up 72 percent of State of Texas. I appreciate his friend- conversations he had around this our country’s land, and roughly 46.2 ship, his mentorship, and that acid test United States, led to the first farm bill. million Americans simply call it home. that he taught me when I first stepped We are working on that farm bill Our country has been relying on foot on the floor of the House of Rep- right now. But farming and ranching rural America since the beginning. It is resentatives—your conscience, your operations are getting squeezed, due to where our roots are, where our values constituents, the Bible, the Constitu- low commodity prices, just like they are, and where our heritage began. tion. If you vote that way, you are were then. And the need for increased The 25th District of Texas, which I going to do right by your children and credit, in order to expand the diversity, am honored to represent, has tens of grandchildren. has to be done. thousands of hardworking men and Mr. Speaker, I thank ROGER WIL- Small family-owned businesses are women who are employed in the agri- LIAMS, a great American. Mr. Speaker, I have another col- most affected. We hear about corporate cultural industry. These men and league here. He came here because he farming, but the fact is, 97 percent of women make up a large driving force feels so passionate about rural Amer- American farms are family-owned that help supply our Nation’s families ica. I am so grateful that he is here. farms. with products we would be unable to Mr. Speaker, I yield to my colleague That is why one of the bills that I get otherwise. from the great State of Texas (Mr. have introduced is known as the BALE But it is more than that. These folks GOHMERT). Act, which is to modernize the Guaran- instill values, such as hard work, eth- Mr. GOHMERT. Mr. Speaker, I thank teed and Direct Loan program at the ics, taking days on and not taking days Mr. ARRINGTON for his dedication to USDA to better reflect the costs of off, doing the right thing, and taking rural America. That is the heartland. I farming because times have changed. It care of your neighbor. This is the fab- thank him for knowing that and rep- is our job here in this House to remem- ric of our Nation that is passed on from resenting his district so well. ber that we are dealing with those generation to generation. Mr. ARRINGTON. Mr. Speaker, I rural areas and the farmers that are in Mr. Speaker, I would like to high- thank the gentleman from Texas for them. light a few specific rural areas in my those remarks. Now, this will help the next genera- district that are truly making a dif- Mr. Speaker, I yield back the balance tion of producers make their mark on ference. of my time. the industry. As Republicans and Located in Stephenville, Texas, the f Democrats, we need to work together Tarleton State University’s Southwest on more ideas like this one. We need to Regional Dairy Center is a one-of-a- HEALTHCARE keep focused on the heartland because kind facility. This establishment is The SPEAKER pro tempore (Mr. these are the red-blooded Americans home to hundreds of cows that are used FITZPATRICK). Under the Speaker’s an- who love their country and deserve a for teaching purposes, research for nounced policy of January 3, 2017, the voice. higher education, and directly contrib- gentleman from California (Mr. By addressing the needs of hard- utes to the dairy industry in Texas and GARAMENDI) is recognized for 60 min- working families who are too often for- all of the Southwest. I am proud to rep- utes as the designee of the minority gotten, we can strengthen these com- resent this unique institution that not leader.

VerDate Sep 11 2014 04:13 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.093 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6287 Mr. GARAMENDI. Mr. Speaker, I Today, just a couple of hours ago, the United States are among the super- want to follow along on my Republican Senate decided to move forward to wealthy, the 400 wealthiest families in colleagues, as they were talking about make it even worse, to repeal and America. They are there in the Cabi- rural America. maybe not even replace, so that 32 mil- net, in the President’s office. As a son of rural America, I agree lion people would lose their coverage if What do they stand to gain? A $4 mil- with much of what they said about the that were to happen. Eighteen million lion, $5 million, $6 million, $7 million role of the Federal Government in pro- in 2018 and 2019 would lose their health reduction in their taxes. viding support in so many different coverage under the program that was What do the working men and women ways to rural America. Many of the proposed by the U.S. Senate last week. of America stand to gain? Their programs that they were talking about Unbelievable that, here on the floor, healthcare is going to be taken away are really found in the effort of the we heard a discussion about rural from them, not just in the reduction of U.S. Government to rebuild rural America and the needs of rural Amer- the cost sharing, but also in the fact America following or during the days ica. that, as we know it today, the insur- of the Great Depression. I am here to tell you, as the son of ance market itself will be so desta- Mr. Speaker, I want to put up here on rural America, I grew up on a ranch 2 bilized, so destabilized by the proposed my easel one of the key documents. miles from a community that had 500 action of the Senate and the House, This is actually etched in the marble people in it, that had a three-room that it will really enter a death spiral, at the Franklin Delano Roosevelt Me- schoolhouse and just five of us in the because the proposed laws allow the morial here in Washington, D.C. I eighth grade class. I have raised my healthy to opt out, and those who need think it is instructive as we talk about children in a community twice as insurance would continue to try to get rural America and what is going on in large, a thousand people in rural Amer- their insurance in an ever-increasing rural America today, and really across ica, and I know that the people in my market of people who have high health all of America. community today depend upon the Af- expenses. That is called a death spiral. During the height of the Depression, fordable Care Act, ObamaCare, for the I know this. I was the insurance com- Franklin Delano Roosevelt said these healthcare coverage that they now missioner in California for 8 years, and words: have. we fought all those 8 years, from 1991 ‘‘The test of our progress is not In California, over 5 million Califor- until I left that office in 2006, we whether we add more to the abundance nians gained coverage. The uninsured fought to try to put in place laws that of those who have much; it is whether rate dropped by 50 percent, from 18 to are now in place as a result of we provide enough for those who have just over 9 percent. ObamaCare. The insurance companies too little.’’ Why? Why on Earth would we neglect During those days of the Depression, cannot discriminate on the basis of rural America was hurting, it was dev- this, these statements, this moral im- preexisting conditions. The fact that astated, and many of the programs perative set down by Franklin Delano you are a woman, the fact that you are that we just heard about from our Re- Roosevelt. It is not what we are going older, they cannot discriminate. But publican colleagues were put in place to do for the wealthy. the bill that is now being debated in at that time. And keep this in mind, that the legis- the Senate and will be back here in the In 2010, the Congress of the United lation that passed this House and re- House allows for a return to those days States, together with President peated over in the Senate would be the of discrimination. Obama, put in place another program largest transfer of wealth of any legis- So if you happen to need healthcare, that significantly helped rural Amer- lation ever—ever—by the Congress of if you happen to have a preexisting ica. Today—in fact, just a couple of the United States, transferring more condition, if you happen to have high hours ago—the United States Senate than a trillion dollars from the men blood pressure, diabetes, or you happen moved to remove from rural America and women who have been able to gain to be 60 years or 50 years of age, you the pillar of healthcare that has pro- coverage in their healthcare. will be hit with a heavy increase in vided millions of those 46 million This is real money taken out of their your premiums, perhaps two- to three- Americans in rural America with pockets as these programs disappear fold increases. That is what they are healthcare. because of the repeal and the replace- promising Americans. ment: a trillion dollars taken from the We can’t let it happen. And interest- b 1830 working men and women and the poor ingly enough, America is pushing back. Through the expansion of the Med- in America and transferred to the They say: No more. No more. What we icaid program, the Medi-Cal program wealthy. That is what the legislation want is better healthcare. We don’t in California, many of my constituents did that passed this House; that is what want to lose our healthcare policy. in rural America were able to get is being considered in the Senate at What we want is better education. We healthcare for the first time, and they this moment: a monumental transfer of want you in Congress to work on the were also able to get insurance because wealth, the largest transfer of wealth education systems, on the skills that of the cost share reduction program in any single piece of legislation. my children need, your children need where their insurance premiums on the How can it be, if this is the test, not to be able to get a decent job. exchanges were reduced to a level that what we are doing for the wealthy, not Americans want higher wages. They they could afford. for those who have much, but, rather, don’t want their healthcare ripped A significant program for rural for those in rural America and urban away as is happening here. They want America is now in jeopardy as a result America who have so little? us to focus on infrastructure. They of the Congress of the United States America ought to be upset. America want us to focus on the well-paying passing legislation a couple of months ought to be outraged at what is hap- jobs that occur from infrastructure. ago that would repeal the Affordable pening today. Better jobs, better wages, better Care Act and replace it with whole We need to build America. We need a healthcare, better education—that is cloth, ripping apart the Medicaid Ex- better America. We need better jobs. where we are going. pansion program so that across this We need better wages. We need better And by God, we are going to protect Nation some 16 million Americans healthcare, better education. the Affordable Care Act and we are would lose their Medicaid coverage im- That is what we need, but where is going to stand with Americans. We are mediately, and more beyond that. this Congress going? It is going in ex- going to stand with Americans all So in the initial year, 2018, 10 million actly the opposite direction. It is tak- across this Nation that say: No, we are Americans, many of them in rural ing money out of the pockets of Ameri- not going to let it happen. America, would lose their health cov- cans, rural and urban and everybody in Mr. Trump, I know that you prom- erage. Across this Nation in the out- between, transferring a trillion dollars ised a repeal, but you are wrong, Mr. years, by 2025, 24 million Americans from their pockets to the super- President, you are wrong. would lose their health coverage as a wealthy. Mr. Speaker, I pass that message on result of the actions of the Republicans Who are they? Five members, includ- to the President. You should not take here in Congress. ing the President, in the Cabinet of the away from working men and women

VerDate Sep 11 2014 04:13 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.095 H25JYPT1 H6288 CONGRESSIONAL RECORD — HOUSE July 25, 2017 who, for the first time, are able to get ing away healthcare from people who One other gathering that I attended their healthcare and are able to afford live paycheck to paycheck in some was for developmentally disabled, dif- the private sector market or are able cases, and using that to provide for tax ferently-abled individuals whose pro- to get on the Medicaid programs. You relief for those most comfortable. grams focus and strengthen their abili- should not take it away so that you That is not in keeping with the spirit ties, focus upon and strengthen their can give, to the superwealthy, a tril- of this legislation. It is not in keeping abilities; again, people approaching me lion dollars. It is outrageous. with the harmony that was necessary saying: Keep up the fight for Medicaid. I need to take a deep breath. I am a to create this legislation. We cannot, our consumers cannot, do bit riled up. I am a bit riled up when I The spirit was to speak to the funda- it. Our loved ones cannot do it without hear my colleagues come in and talk mental needs of healthcare for individ- Medicaid. And I think the rejection of about rural America, where I know, uals and families across this country to Medicaid expansion in this House that from my experience in my district, be able to get past difficult moments was offered by this House, by this there is an opioid epidemic and and situations like preexisting condi- town, by Washington, to the many methamphetamines, and I know that tions, preexisting conditions that can States across the country, the rejec- those people are dependent upon the be with an individual toddler from the tion by those States, I believe, was Medicaid program that they intend to moment of birth, as we have heard in sheer politics. And so, we denied people rip away. the news. in States who pay Federal taxes the Okay. Calm down, JOHN. Don’t get This hard-hearted approach, this benefits of Medicaid expansion. too excited. Don’t get too mad. Take a senseless attitude, this insensitive ex- What sense does that make? What deep breath and turn it over to my col- pression to Americans across this heart does that show? We are better league from the East Coast. country by these reform efforts, today than that. We are better than that. Congressman TONKO, you and I have we know that the United States Senate Finally, I will say this, because I been on this floor many times talking went forth with a vote to proceed on know we have colleagues who are look- about making it in America, about their efforts. What will it be? Straight- ing to share their thoughts and their jobs, about making it better for edu- forward repeal, as the President rec- stories. I looked at some constituents cation. Give me a chance to take a ommends, where 30-plus million people this weekend, in the eyes, and in heart- deep breath. lose their healthcare coverage, you rip felt conversation said: Do you think it Mr. TONKO. Mr. Speaker, I thank it away from those tens of millions? Or is fair, do you think it is just to rip the gentleman from California for will it be repeal and delay? Or will it be away healthcare from people so you yielding. repeal and replace? can afford a tax cut for the very So far with the iterations, the Certainly I understand the anger, wealthy? Is it fair to deny preexisting versions of healthcare reform that have Representative GARAMENDI, and I know condition coverage for individuals? Is come forth from this House, that were I am not alone. I know all of my col- it unfair to take it away? approved in this House and sent over to leagues are hearing the outbursts in What about the essential health ben- the Senate, those devised by the Sen- our given districts about the foolish- efits package, those of our neighbors ness and the hard-heartedness of tak- ate have been heartless. This is about expressing compassion, and friends who struggle, who live with ing away a very valuable asset. about being just and fair. mental illness and mental health dis- Healthcare coverage is so important Just this weekend I was with groups orders, those who are dealing with the now to the American public, but in a of constituents. The first that comes to illness of addiction? Is it fair not to particular way, it is near and dear to mind is a fundraising effort for individ- help them? those who most recently realized that uals who live with cystic fibrosis. Be- I looked at them, and I said: Okay, I coverage. fore I was even to walk into the room, know who you voted for. This is a na- I will tell you, being on this floor where hundreds of people gathered to tion where we have the freedom of when the Affordable Care Act was support the efforts for this cause, indi- choice. But when we vote for whom- passed, that was a monumental effort. vidual sets of parents came to me and ever, it is also our duty, our responsi- It was difficult to launch that program. said: Keep up the fight to keep Med- bility to see if they are acting accord- It took a lot of hard work, years of icaid in the equation. ingly. Do you think your candidate of messaging, going to hearings, working choice is being fair and just? those amendments that were suggested b 1845 They couldn’t answer me about that into the discussion, and making cer- Our daughter, our son, can’t do it situation. They wanted to redirect the tain that the package met the mission without Medicaid. And these people conversation. Why? that we embarked upon. So it is impor- were proud of their given children, Because I think it is difficult to say tant now to make certain that we only adult children, in some cases, who had that people, leaders in this town, the go forward and upward from this mo- graduated with honors, played ath- President and leaders in the House and ment. letics and were athletes, star athletes the leaders in the Senate, are not lis- Like many programs before the Af- in their high school years who, then, tening to America; and so it is unfair fordable Care Act—Social Security, earned full scholarships to college. And to utilize the sweeping of services, of Medicare, Medicaid—they were dif- his daughter made him most proud; he healthcare and response to tens of mil- ficult to launch; but unlike those pro- cited that moment of pride when he lions of individuals and families, and grams, Congress and the Presidents in witnessed her on her campus wheeling utilize those dollars for a tax cut for those given eras came forward and her IV to class. the wealthy. said: Okay. What did we learn from That is what we see out there, moti- We are going to watch this aggres- that launch? How can we improve upon vation, inspiration, respect for people sively, with laser sharp focus. The peo- the package? How can we strengthen who live with difficult challenges in ple of America have spoken. They are some of the dynamics of concern? life. And we were responding as a com- continuing to speak. They don’t like Here we have people, as you indi- passionate society, one that should the injustices. They don’t like the un- cated, that are not only unwilling to separate us from the rest of the world fairness. They don’t like the calculated make those reforms possible, but dis- because, within our abundance, we ripping away of healthcare insurance guising what they call healthcare re- want to share that with everybody. for tens of millions of people. Whether form in the name of a tax package for And it is so wonderful, Representa- it is 30, 23, 22, 21, whatever the the wealthy. How vulgar is that, when tive GARAMENDI, that you would bring iteration, shame on us for allowing you can sweep the dollars, the savings that quote from the memorial, that something like that to happen. from denying people healthcare cov- speaks to the abundance of those who America deserves to be—as an indus- erage, and utilize it to relieve taxes for have where we are, evidently, with trialized nation that did not have ac- those most comfortable in our society? some of the constructs of legislation cess, affordability, and quality of care For those 400 households of which you here, adding to that abundance, at the as givens for many households in this spoke, the on-average relief was on the expense of those who have precious lit- country, they need to express those order of $7 million. Imagine that: tak- tle. And so we can do better than this. terms in a much better format.

VerDate Sep 11 2014 05:43 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.097 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6289 Mr. Speaker, I thank Representative Affordable Care Act by giving people cedural vote in the Senate, is at the GARAMENDI for leading us in a discus- subsidies and asking insurance compa- same time they are looking at ripping sion this hour to alert people to the nies to treat their beneficiaries and en- healthcare away from millions of fact that the Democrats in this House rollees fairly, right? Subsidies to afford Americans, they are willing to put $1.6 are still battling for those families those premiums, by making sure that billion into a wall that they promised that would have healthcare coverage they have to cover preexisting condi- that Americans would not pay for. ripped from them so that we can afford tions, by making sure that they are not Here is an idea. You have got $1.6 bil- a tax cut for the wealthy. making women and other populations lion to invest; invest that to protect Mr. GARAMENDI. Mr. Speaker, I pay more for their care. folks with their costs under the ACA. thank the gentleman from New York. This is a Congress that has an obliga- Give more subsidies. The view from the great State of New tion to address the things that both Let’s deal with Medicaid fairly. Let’s York and the State of California, some- Republicans in Congress and pharma- make sure that we drop prescription where in between those two States lies ceutical companies and insurance com- drug costs. Let’s lower copays. Let’s the State of New Mexico. I yield to the panies have done to us, not for us. Pre- invest in rural community health cen- gentlewoman from New Mexico (Ms. miums are still too often too high; ters more. Let’s have a targeted effort MICHELLE LUJAN GRISHAM) to share copays still too often too high; and to deal, as you said, with opioid and with us the view from the great State deductibles, still too high. substance abuse problems that were of New Mexico. But is that the fault of the Demo- created by pharmaceutical companies. Ms. MICHELLE LUJAN GRISHAM of crats or an administration that worked Let’s do that. New Mexico. Mr. Speaker, I want to to make sure that insurance companies If you really care, this is money that thank my colleague, Mr. GARAMENDI, got payments to deal with the rising would hire more nurses. This is money and certainly thank Mr. TONKO for costs of folks with serious catastrophic that would hire thousands more teach- their incredible statements about what illnesses and chronic disease? No, it is ers. This is money that would put thou- is really at risk and why it is at risk. Republicans who refuse to continue to sands of New Mexicans and Americans I think it is very important for view- fund those risk corridors and those back to work in better, safer, more pro- ers, and our constituents, and families, cost-sharing mechanisms. ductive infrastructure for our futures— to really understand that this is not a Did we do anything in this Congress our very future, Mr. GARAMENDI, Mr. healthcare debate. This is not a to require pharmaceutical companies Speaker, at stake by the wrong path healthcare reform measure. and the draconian efforts today in the Nothing that has occurred and passed who sell the very same drugs for 10 in the House or in the Senate has in- cents on a dollar to nations around the Senate. I thank the gentleman for the oppor- volved serious discussion or debate of world, to make sure that you got a fair tunity to highlight how terrible these any kind of healthcare reform because drug price, after your tax dollars efforts are and how important it is for what this really is, as you stated, is a helped those same pharmaceutical us to encourage our supporters to fight tax break, not just for the wealthiest companies do the research required? of Americans, but for two critical cor- And then we give them patent protec- for fairness and justice in this country. Mr. GARAMENDI. Mr. Speaker, porations, insurance companies and tions to make the most possible America has been enlightened by the pharmaceutical companies, who, I as- money, including now protections on gentlewoman’s very forthright state- sure you, do not need additional tax generic brand drugs? breaks, who are still making record No, we did nothing to hold that in- ment. The voice of New Mexico has profits. And when we look at the phar- dustry accountable, which would mean been heard here on the House floor, Ms. maceutical industry, in particular, it lower costs for consumers. MICHELLE LUJAN GRISHAM. I cannot tell has been one of the most profitable in- But what I know happens for sure you how much I appreciate that mes- dustries in America’s history. with this bill is, not only do they rip sage from New Mexico and what it So this is an effort to provide more the rug out from under any of those means with the repeal of the Affordable benefits to the three groups who do not protections by hardworking New Mexi- Care Act. Thank you so very much for need these benefits; and the way in cans and hardworking Americans who doing that, a very powerful statement, which they pay for it is to remove deserve the protection and the knowl- a very powerful voice on behalf of New healthcare benefits from millions of edge that their healthcare will be there Mexicans and Americans. Americans. And as the gentleman for them tomorrow, we also close every Somewhere between New Mexico and pointed out, 32 million Americans are rural community health center, every New York lies the State of Ohio, and, at risk of losing their healthcare, and rural hospital at risk in the country, Ms. KAPTUR, you have represented that many more who are in jeopardy of hav- which is why no hospitals, no doctors, State so very well for a few years here. ing to pay far more for the benefits no insurance companies, no pharma- We won’t say exactly how many years. that are necessary and lifesaving. ceutical companies—because who are But over those years, you have always I really wanted to weigh in because they going to sell these proceeds to— been the voice for the working men and States like mine, rural, frontier, very are supporting this bill. women of Ohio. poor States, in fact, we have the most And the Senate is ignoring every Re- Mr. Speaker, I yield to the gentle- to lose of any State in the Nation if publican Governor whose State took up woman from Ohio (Ms. KAPTUR). this draconian measure, which is one Medicaid, who is saying this is a dis- Ms. KAPTUR. Mr. Speaker, I thank step closer, is passed in the Senate aster. They want something else. Congressman GARAMENDI and Congress- after today’s procedural vote. Yet this is the path we are under be- man TONKO for their comments. It is a It means $11.4 billion out of our econ- cause it would be more important to pleasure to be with them tonight, and omy. It is a devastating blow to one of give tax breaks than to do this—to pro- also Congresswoman MICHELLE LUJAN the poorest States in the Nation, who tect Mr. Templeton in my State, who GRISHAM. She really has been such a has one of the highest percentages of was diagnosed with prostate cancer in leader, not just for New Mexico, but for individuals in Medicaid to the expan- December 2016. He began treatments in the whole issue of health across our sion. January 2017. country. I am really pleased to join all For the first time in my lifetime, I He explained in an email that, with- of them. am seeing New Mexicans in a position out the ACA, he is not able to afford And I will just say, as a member of to have access to care, the right care at any of his treatments. He said: ‘‘Am I the Appropriations Committee, the the right time at the right place. If being sentenced to death by Congress? American people should know, this this country is going to get healthcare How many more U.S. citizens are out past week we tried very hard to pass an right, then we have got to make sure there like me?’’ amendment that would simply ask the that people have access so we are not The answer to Mr. Templeton’s ques- executive branch to report back to us the sickest population in one of the tion is there are at least 32 million. on how much money we were spending wealthiest countries in the world. As I close with what I think is an as a country in Medicare, Medicaid, at The only way that you do that is pro- outrageous effort by Republicans in the the VA, the Department of Defense, for viding access. We provide access in the House and the Senate, and by that pro- certain classes of drugs in our country.

VerDate Sep 11 2014 04:13 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.100 H25JYPT1 H6290 CONGRESSIONAL RECORD — HOUSE July 25, 2017 Now, don’t you think it would be and he hadn’t been to the dentist in veterans facility, over 30,000 veterans right for us to know, since we are years. They had dentists. They had all in that facility have been diagnosed spending tax dollars, that if we are kinds of physicians. They had nurses with diabetes. Many, many of those spending more money on, let’s say, a trying to help people. veterans go for the treatment of dialy- diabetic medicine than a heart medi- I read that article and I thought: sis in order to help them to deal with cine, whatever medicine it is, it would This is America? This is America? their condition. For 1 year, that treat- be good for us to do cost accounting to Here are just the first few sentences, ment costs $100,000. Over a 10-year pe- go back and look at what we are pay- if I might. It says: ‘‘Anthony Marino, riod, it costs $1 million per person who ing? 54, reached into his car trunk to show goes through dialysis. Do you know we were not able to get a pair of needle-nosed pliers like the Imagine if we were able to prescribe that simple reporting-back amendment ones he used to yank out a rotting food as medicine, which hospitals are on how much pharmaceuticals are cost- tooth. doing in many places, and help people ing the people of the United States, be- ‘‘Shirley Akers, 58, clutched a list of learn how to not become so severely di- cause the Republican members of our 20 medications she takes, before set- abetic. We would save so much money committee blocked it. tling down to a sleepless night in the across this country, including with our cab of a pickup truck. b 1900 veterans. And more important than ‘‘Robin Neal, 40, tried to inject her- money, we would save their lives. We Ms. KAPTUR. They voted ‘‘no.’’ They self with a used-up insulin pen, but it would save the amputations. We would don’t want to know how much the broke, and her blood sugar began to save all of the costs that diabetes in- American people are spending through skyrocket. curs over the years. So people would their tax dollars at the Federal level ‘‘As the sun set in the mountains of learn how to be healthier. because the goal is to figure out how southwest Virginia, hundreds of hurt- I want to thank you for being here. I this money was being spent and to hold ing souls were camped out or huddled am proud of you two gentlemen, Con- those companies responsible to look at in vehicles, eager for an early place in gressman GARAMENDI and Congressman what costs were over time and so forth. line when the gates swung open at 5 TONKO. You are honorable gentlemen. It is amazing and it is really wrong a.m. for the Nation’s largest pop-up You have come here from both ends of what the pharmaceutical industry is free clinic.’’ the country, New York and California. doing to the people of this country. That free clinic is called the Remote We are here tonight because we know They are killing people. People cannot Area Medical Expedition. I just read what the American people want. They afford the medicine that they need. that. There were several photos in the want affordable healthcare. They want Yesterday, and I give this as home- paper. This is America. affordable medicine. They are willing work, in The New York Times, there So, for the Senate, particularly the to do their part, and nobody should be was a great story titled, ‘‘When Health leader of Senate who comes from Ken- left out. Law Isn’t Enough, the Desperate Line tucky, a State that is noted to have We can find that answer as the Up at Tents.’’ It was written by what very poor medical care, where there are United States of America. We don’t must be a brilliant young reporter large rural areas where many people, have to accept this set of death panels named Trip Gabriel, and it reported including those who are single who get that they are figuring out over there in about a charity group in our country none of this coverage—right? The sin- the Senate: who is going to die, who is called the Remote Area Medical Expe- gle are especially discriminated not going to have health insurance, dition. They were in Wise, Virginia, against—how that could be pushed for- who is going to be shortchanged. Be- somewhere south of here. ward by someone from the State of cause when that wheel of fortune turns, What it is is a group of charitable Kentucky, I simply don’t understand you never know who in your family is citizens who are in optometry. They it. are doctors. They are dentists. They And here in this House, where we going to get sick. You simply don’t donate their time over a weekend, and tried so hard to save the Affordable know, and no one should be without they go to places in our country that Care Act and to make necessary coverage. don’t have medical care. changes to it, a lot of those changes I thank you for being here on the So no American should assume that are needed in these rural States that floor tonight and for doing what the everybody has care and that everybody don’t have enough people to really set American people expect us to do, and has insurance, even with the current up a large enough exchange. We need to that is to defend and protect them. system. lump two or three States together so Mr. GARAMENDI. Ms. KAPTUR, I will tell you, if you want your eyes you get a pool that is insurable. We thank you for your comments. For opened, read that story. know how to fix this. But we don’t need years you have been the strong voice of Over one weekend, over 2,000 people to take more people off health insur- working men and women in the State came. There were people there who ance, millions and millions and mil- of Ohio. Thank you for bringing us the were diabetic who had no medication. lions, because we have millions who message from mid-America. One woman, they reported in the story, still are uninsured, and we have indus- Also, in your wrap-up, you began to came with a dispenser for insulin, but tries like the pharmaceutical industry talk about the issue of prevention. One the needle was broken. Her glucose fighting us against trying to get afford- of things that the Affordable Care Act reading was over 500. able medications to our constituents. does so very well—ObamaCare, if you They talked about people who were I want to thank you for being here will—is prevention, particularly for there for glasses. They couldn’t afford tonight and for fighting the good fight seniors. There is a free annual glasses. One woman was diagnosed with for the American people. Really, to healthcare checkup for seniors as a re- vision of 20/100 in one eye, and they have almost a trillion dollars of money sult of the Affordable Care Act. were looking for glasses that would fit given away over the next 10, 15 years to When seniors get that healthcare her. the wealthiest people in our country? checkup, they also are able to under- They had a gentleman who was You know what? They have doctors. stand that they have high blood pres- coughing, and he thought he had black They can afford insurance. Frankly, sure, incipient diabetes or other ill- lung disease. It turned out what he they don’t need more money. They nesses that ultimately, as Ms. KAPTUR really had was sleep apnea. Finally might benefit by a little less money, so correctly pointed out, become ex- somebody diagnosed what his problem actually. Their heirs certainly would. traordinarily expensive if they are not was. We need a little rigor out there, even treated. They start out with the story about a among the wealthy in our country, to One other fact is that the Medicaid gentleman who showed up at that help us to heal this Nation and to deal program in America, more than 50 per- event, and he took them to the trunk with its real medical problems. cent of the total expenses in the Med- of his car and showed them the pliers I will just say this. We were checking icaid program are for men and women he was using to rip out his teeth be- today on the diabetic costs across our who are in the nursing homes. We are cause he had so many decayed teeth country. One facility in Ohio, just one not just talking about families and

VerDate Sep 11 2014 04:13 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.102 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6291 children. We are talking about the el- from New Mexico and Ohio on the floor dously reassuring, allowing her to take derly that are being cared for in nurs- joining us, it reminds me that our force risks in order to build a career in serv- ing homes. is the essential force on the Hill in ice to others. That is what the ACA af- Now, the result of the repeal of the Washington to make certain that the forded Catherine to do, a 30-year-old in Affordable Care Act and the reduction people’s voices are heard. There is my district. of the Medicaid expenditure is that anger out there, there is injustice, Robert, a 52-year-old in my district, those men and women who are in the there is unfairness, and it has to be ad- purchased insurance on a healthcare nursing homes will no longer have the dressed. exchange while suffering from diabetes. support to keep them in a nursing I am proud of the efforts that have Before buying an exchange plan, Rob- home. been made in my State. I know that ert spent hundreds and hundreds of dol- So what comes of those men and you talked about the progress in Cali- lars each month just to purchase insu- women? What happens to them if they fornia. In New York, I am proud of lin, and no other health coverage. are no longer able to have care in a what the Governor, Governor Cuomo, Because of the ban on discrimination nursing home? and the legislature did in building that could be utilized against him Just let that question hang there be- those exchanges. It took response from based on his preexisting conditions, cause it is a question that our Repub- each of the 50 States to make this Robert can now afford a health plan lican colleagues and the Senate must work, or at least we had hoped each that covers himself and his family. answer, because the repeal and replace State would respond fully. But in New A couple of other examples, if you legislation or repeal legislation and York, we are managing that effort will allow me. wait legislation goes right to the heart through sound exchanges. Tracey, a 38-year-old from my dis- of the Medicaid program and the sup- I get worried when I see tweets from trict, a certified nursing assistant, port that enables those seniors in nurs- the President when things didn’t work needs multiple drug prescriptions to ing homes to receive that service. for awhile in the Senate, when they treat preexisting conditions, including In addition to that, what comes of couldn’t move forward with the repeal diabetes. The Affordable Care Act has the Medicare program? We know that or repeal and delay or repeal and re- made it possible for Tracey to get the Medicare program solvency was place: Well, we will just let the Afford- health coverage for herself and her significantly increased to about 15 able Care Act die of its own right. family. Without the ACA, Tracey years. It is not going to go bankrupt in What are you talking about? That would not be able to pay her doctors or the near term as was predicted before sounds to me like a poor attitude, one her drug companies. As recently as the Affordable Care Act but, rather, ex- that wouldn’t do the very best to un- January, Tracey was still paying off tended into the out-years. So the sol- derpin, through the agencies that are old bills for her medical care. vency of the Medicare program would connected to this legislation, to rein- This has provided hope for people. We be reduced, and the free medical check- force the markets out there. That is need to make certain we don’t have ups, we are not sure whether they part of this response. people digging deeper into their pock- would be able to continue or not. When I hear an attitude like that ex- ets for healthcare coverage. We want to So it is not just men and women who pressed, I am concerned about what the relieve that pressure that is upon are not yet 65 years of age, but it is voice over to these agencies will be them. We want to make prescription men and women who are 65 that would saying: Look, we need to be a good drugs affordable. We want to make cer- see significant pressure on the services partner, a sound partner, an effective tain that efficiencies are there in the that they now receive, and quite prob- partner with the Affordable Care Act. system so we can save, but get the care ably reductions in the services that I don’t know if we would get that. So to people. they would receive both in the Medi- that worries me if your attitude is let That is the difference that we need to care as well as in the Medicaid pro- it just die and crumble. Why? Why cite here. The contrast is that we are gram. can’t you put the American public be- trying to make this ACA better and Mr. TONKO, why don’t we chat for a fore politics? make it work, and we are asking for a few moments back and forth here. Let’s do our best effort. Let’s, in ear- bipartisan, bicameral, executive legis- You in New York, you are faced with nest, do our best. Let’s be genuine in lative partnership to make it better. Is the same problems that my constitu- our approach. that too much to ask? ents in California would be faced with, I think it is absolutely incredible. Let me share one more story. and that is a repeal seriously hurts You know, as the Republicans, Rep- Elliot, a 56-year-old in the 20th Con- people, I mean, physically hurts them. resentative GARAMENDI, in the Senate gressional District of New York lost They will not be able to get the med- race to pass TrumpCare, a bill that his job in September last year after his ical services that they currently have. would rip coverage away from tens of company made a massive layoff, even I yield to the gentleman from New millions of people, perhaps as many as though he just started his job. So York. 30 million—if you would allow me to through no fault of his own, he lost his Mr. TONKO. I thank the gentleman share a few stories from my district, I employment. Elliot was then left to from California for yielding, and, Rep- think it is so important to put a face figure out how to support himself and resentative GARAMENDI, I am so hon- onto these discussions. I have docu- his 19-year-old son who was a Syracuse ored to associate my comments with mented some of the recent stories we University student. A COBRA plan those of yours, to connect with you in have heard from constituents. would have cost $2,000 a month. Be- this effort to make certain that we Cathryn, a 30-year-old in my district, cause of Medicaid, Elliot and his son stop this foolishness coming from this left work to return to school to pursue now have quality health coverage as House and the United States Senate graduate studies in social work, and Elliot continues to look for work and that totally rejects the pleas of Ameri- she used the ACA exchange, their his son is pursuing his college edu- cans across this country to make cer- plans, to bridge gaps in employer-based cation. tain that the dynamics that drove the coverage. These are real stories, real hardships, Affordable Care Act still stay in place, real challenges, real help, real assist- and that being affordability, accessi- b 1915 ance that has come in the way of these bility, and quality of care. Those are The ACA plans provided her with es- families. We don’t need to take that such essential forces. They are the un- sential preventative healthcare serv- good news and suffocate it. We need to derpinning of the foundation of the Af- ices and ensured that a major health build upon these stories. fordable Care Act. event would not leave her bankrupt as Now, Senate Republicans are racing When I heard your expression of con- she was doing what we asked people to to pass a bill that would open the doors cern here tonight and pinpointing do: develop your talent and your skills to less coverage, rip it away from tens those various elements of the positive to serve the general public. of millions of people, and in many ways reinforcement that comes from the Af- So she was pursuing graduate stud- perhaps provide for an imposition of fordable Care Act legislation, hearing ies. The security and affordability of lifetime limits on care. the voice of two Congresswomen here Catherine’s ACA plan was tremen- What does that do?

VerDate Sep 11 2014 04:13 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.104 H25JYPT1 H6292 CONGRESSIONAL RECORD — HOUSE July 25, 2017 It is a death sentence for far too different reasons, wind up with a very Again, I thank the gentleman for the many people. It would impact severely high risk, high cost population. Others opportunity to speak forcefully in this upon those who are struggling with are able to have a very low risk. The given Special Order. It is so important cancer—working their hardest to de- risk needs to be balanced out between to save the Affordable Care Act, make feat that, working with their doctor, those two. If that is not done, then it stronger, and respond to the needs of their medical community to defeat there will be a death spiral amongst people across this country who are that impact of cancer in their lives— the insurance companies. speaking out. heart disease, and other long-term ill- Thirdly, under the Affordable Care Mr. GARAMENDI. I thank Mr. TONKO nesses. Act, people are mandated to buy insur- so very much, once again, from the My friends, this is about being a com- ance or else pay a penalty. That pen- East Coast and the West Coast, I hope, passionate voice. It is about utilizing alty is enforced by the Internal Rev- to a message that America has listened the advancements in medical care, enue Service, which has been specifi- to. technology, making affordable our cally given instructions by the Presi- I just looked out here in the audience healthcare system, making affordable dent not to enforce the law. That will and I noticed that our colleague from prescription drug costs. lead to those young and healthy Texas is here to speak. There is improvements that we want invincibles not buying insurance be- Mr. Speaker, I yield to the gentle- to make, not give a tax cut for the cause there is no penalty. That will woman from Texas (Ms. JACKSON LEE). rich, which has been a terrible re- cause the insurance pool to become Ms. JACKSON LEE. Mr. Speaker, I sponse. People would say: Oh, the Af- more risky and, again, start that death thank Mr. GARAMENDI for yielding. I fordable Care Act is not working. spiral that is so much talked about. was detained at another meeting, but I So if there were improvements re- The death spiral can be avoided, and could not help but conclude our very quired, be fair, be only honest with the the Affordable Care Act is drafted and important Special Order. public you represent, be there for written in such a way as to avoid it. So And I do want to emphasize that we them. my plea to the President is: Use the have a better deal. We have the oppor- Finally, the last point I will make law. Do not cause the Affordable Care tunity to be able to stabilize the mar- right here is Medicaid and the chang- Act to collapse. kets. Mr. Speaker, please pass on to the ing profile of Medicaid in many of our We heard from Mr. COHEN today, who States. In New York, people need to see President that the President has with- is from the great State of California, where the growth in Medicaid is. And in his power to maintain the Affordable who says: The Affordable Care Act does Care Act. He also has within his power because we have a disproportionate work. Subsidies do work. And if we go to cause the Affordable Care Act to col- senior population in , the route of the Senate—the tragic you are seeing the growth of Medicaid lapse. Now, the final point—and help me vote today—Americans will wind up the farther north you go. paying more for premiums than their with this, Mr. TONKO—is that the I ask my colleagues to be sensitive to Democrats have known for 5 years that own income. their constituent base. Don’t be heart- there are improvements that need to So I join in saying we can fix and sta- less. Don’t be cruel in the outcome. take place within the Affordable Care bilize—fix the Affordable Care Act, sta- Walk away from this. Act, and we have pleaded with our Re- bilize the healthcare system, and en- The silence is deafening at times publican colleagues to allow those im- sure that 49 million people do not lose when it comes to some of the proposals provements to take place. We have had their insurance by 2026; or with the being sent by leadership in this House a deaf ear from our Republican col- Senate bill, 32 million don’t lose their and in the Senate. Silence is not what leagues. So as we go into this possible insurance. is called for here. Outspoken rejection crisis, let it be known that the Demo- So I simply conclude with this: I met of some of these harsh measures is crats are seeking improvements in a with a family who has an autistic what we need, and bipartisan coopera- variety of areas. We heard about the child—a young woman who wants to tion, bicameral activity is what will drug prices. I know, Mr. TONKO, you live on her own. She can’t do that serve the public best. were talking in your earlier presen- without the Affordable Care Act. So I thank the gentleman for yield- tation about some of the improvements I met with a young man by the name ing. I thank him for bringing us to- that can be made. So jump in here. In- of Matthew, who spent $700,000 over a 2- gether in what is a very important dis- terrupt me, if you will. year period because he has a chronic cussion here in this Special Order. Mr. TONKO. To repeat what my col- illness; $73,000 on his medication in the Mr. GARAMENDI. I thank Mr. TONKO league just said, I will say that we last 6 months. The American people so very much for his comments. He want to work with the American pub- need us to do for them what the gov- covered the issues very well. lic. We have said over and over again ernment can do, and that is to ensure a I want to go to two issues really that it is about affordability, accessi- healthcare system for all. quickly that need to, I think, be bility, quality of care. Share with us That is what the Affordable Care wrapped up here. the improvements that you think will Act’s underlying premise is. That is First of all, the President talks about work. Let us know of the hurdles in the what Democrats have as their message. the Affordable Care Act dying, and it is road that you have faced. Mr. GARAMENDI, I believe in saving not going to make it. That could hap- Remind us that Medicaid serves the lives. That is what I want to do with pen because of actions that he is spe- needs of our parents and grandparents the Affordable Care Act. cifically telling the administration to in nursing homes. Remind us that Mr. GARAMENDI. Mr. Speaker, I take. those who are born with challenges in thank Ms. JACKSON LEE very much for There are three different areas, one life are served well by healthcare cov- her comments. of which is being very late in providing erage and Medicaid. Remind us that Indeed, we do look for a better deal, the cost-sharing funding programs for those living with developmental dis- better jobs, better wages, better edu- those people who are purchasing insur- abilities, showcasing their abilities re- cation. That is our goal, and we can do ance. It is discretionary right now. We quires Medicaid to make it work; that. ought to make that mandatory and not chronic illnesses requiring an insur- Mr. Speaker, I yield back the balance given the President the option of not ance clause that addresses preexisting of my time. providing those funds. If those funds conditions, building upon an essential f are not provided, then, yes, the ex- health benefits package. changes will collapse. We are with you. We walk with you. TRIBUTE TO FORMER Secondly, we know that there is the We raise our voices with you. We lift CONGRESSMAN cross subsidization from one insurance our hearts with you. We want to be vic- The SPEAKER pro tempore. Under company to another called reinsurance torious with you and for you. Let’s not the Speaker’s announced policy of Jan- that tries to balance out the risk pool let them rip away this health insur- uary 3, 2017, the Chair recognizes the of each individual insurance company. ance for the opportunity to provide tax gentleman from Ohio (Mr. GIBBS) for 30 Some insurance companies, for many cuts for the very wealthy. minutes.

VerDate Sep 11 2014 04:59 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.106 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6293 GENERAL LEAVE when I came here in the early 1980s, Ralph got a frantic call from a woman Mr. GIBBS. Mr. Speaker, I ask unani- representing as a farmer in the Ohio whose daughter was gravely ill in Mex- mous consent that all Members have 5 Farm Bureau, we had an appointment ico. She needed help immediately, as legislative days to revise and extend at that time, and Ralph was my Con- she didn’t have a passport and couldn’t their remarks and include extraneous gressman. Ralph was a farmer, too, and find her birth certificate. By the next material on the topic of this Special loved his beef cattle. He was an early day, she was on her way to Mexico to Order. riser. We had an early meeting well be- help her daughter return to the U.S. The SPEAKER pro tempore. Is there fore 8 a.m. Another county Farm Bu- Ralph made sure that his constituent objection to the request of the gen- reau president from Wayne County and could get a copy of her birth certificate tleman from Ohio? I got there in his office, Steve Grimes, and called the State Department to get There was no objection. and Ralph Regula said to us: Did you her a passport within just a few hours. Mr. GIBBS. Mr. Speaker, I rise to pay guys eat breakfast yet? Considering the bureaucracy of govern- tribute to a good friend who passed We said: No. ment, this is a minor miracle. That is away last week: the former Congress- He said: Come with me. how committed he was to the people of man from Ohio, Ralph Regula. I guess he took us down to the Mem- Ohio. Ralph Regula served in this body for bers’ dining room. I remember this be- Ralph would go out of his way to help 36 years, from 1973 to 2009. He ran in cause I brought this picture. How I got people. Ralph had a red pickup truck, 1972 to replace former Congressman this picture was one of the agricultural and after the September 11 attack in Frank Bow. He got on the Appropria- media reporters tagged along and took 2001, he drove it home with the luggage tions Committee in 1975, and I remem- this picture. It was in one of the local of several constituents who were ber him telling the story of how that agricultural papers back in Ohio. My stranded here because of the attacks happened. When was in the parents were so proud of the fact that and no way to rent a car and obviously leadership here in the House, he our Congressman—my Congressman— the planes were not flying. praised former President Gerald Ford would meet with us and take us to A former schoolteacher himself, he breakfast in the Capitol that they for getting him on the Appropriations would say to the teachers: The lower called the paper and got the print, and Committee, in which he became a car- the grade, the more you should be paid; they framed it. and when you look out at your class, dinal, in all the many years he was on A few years ago, I had the privilege you have 30 little mirrors looking back the Appropriations Committee. to speak at the McKinley Day Dinner at you. Some major things that he helped do in Stark County when I was redis- Susan wrote: We are so grateful for in his time here in Congress were: he tricted in that area. Ralph and Mary the chance to work alongside and learn found funding for the Cuyahoga Valley were there. I brought this picture and from this giant of a man. His accom- National Park; he formed the Ohio and passed it around to show them. Of plishments are legendary, and his leg- Erie Canal National Heritage Corridor; course, this picture is 33 years old. acy can be seen across all of Ohio. It and he worked with his wife to create What is really neat about it is we both was an honor and privilege to call him the National First Ladies’ Library in had brown hair. I remember Ralph and our boss. Canton. Mary got a big kick out of that. Having had many conversations with Another time that I remember that When former staff members say those him over the years, I know all the was really a treasure is he had Senator kinds of things about their former boss, that says a lot. work he did to support the National In- THAD COCHRAN come to his house one stitutes of Health, medical research, weekend, and he invited all the agri- I had the privilege to know Ralph for and also National Parks around the cultural leaders from the district to three decades. Two of those decades he country that he so treasured. have breakfast there one Saturday was my Congressman, and then the last Last week, when Congressman Reg- morning. I remember that quite well as decade he wasn’t because of redis- ula passed away, he left his wife, Mary, a great experience. tricting. I had a different Congressman and three grown children: Martha, A lot people said that Ralph Regula and a different congressional district. Richard, and David. cared. He really did care. He really Then 4 or 5 years ago now, redis- Congressman Regula was born De- cared about the constituents he rep- tricting, they moved me into the Stark cember 3, 1924, in Beach City, Ohio. resented. He was a true public servant. County, Ohio, area, and Ralph became From 1944 to 1946, he served in the Another issue is he had a relation- a constituent of mine. There were a few United States Navy. He earned his un- ship at the time with President times here a few years ago that Ralph dergraduate degree from the University Reagan. They hit it off really good be- came in and visited me in the office, of Mount Union in 1948, where The cause they got talking about their and we had some great conversations. Ralph and Mary Regula Center of Pub- farms. Of course, Ralph Regula had a It seemed a little strange because I lic Service and Civic Engagement is beef cattle farm outside of Navarre, can remember, in the 1980s and the housed. Ohio, in Stark County. They were talk- 1990s, I would be visiting Ralph here in He earned his law degree in 1952, and ing about how to build fence. Ralph the Rayburn Building for pork pro- went to law school at night while used to tell that story, and you can tell ducers in the Farm Bureau talking working as a teacher. that he held that dear to him. about agricultural policy and talking I first met Congressman Regula in to another farmer who is also a Con- b 1930 1974. He was the commencement speak- gressman, too. Those are fond memo- He also served on the Ohio State er at the first graduating class which I ries that I will treasure for the rest of Board of Education from 1960 to 1964. was in at the Ohio State University my life. He served in the Ohio senate. He was Agricultural Technical Institute in I think that we are so glad that so elected in 1966, and he served in the Wooster, and Ralph was a fairly new many are standing out here tonight to Ohio house one term when he was Congressman at the time. But he came pay tribute to Congressman Ralph Reg- elected in 1964. and spoke. I remember that. That was ula because he was a true public serv- During his time in the State house, my first chance to get to know Con- ant and loved his constituents, loved he created the Northeast Ohio Medical gressman Regula at the time. Stark County, Ohio, and loved his University complex and Stark State I do have here some notes from his farm. So it is a privilege to make a few College, which is paying many divi- former staff. I just want to read them remarks tonight to pay tribute to him dends to the residents of northeast because I think words say a lot. Ralph for his 36 years of service in this Cham- Ohio. left an impression not just on his con- ber and this body and all the service he Ralph was a good friend, and he al- stituents but also on his staff. did throughout his life to help the peo- ways made sure that the staff knew Susan Ross, who worked for Con- ple of Stark County, Ohio, the 16th that constituents came first. He even gressman Regula, offered some insight Congressional District in the State of had a lapel pin button made up to re- and stories about Ralph. Ohio, and the United States. mind his staff. He truly did. So my lit- Ralph’s motto was ‘‘Constituents Mr. Speaker, I yield to the gentleman tle memento that I remember was First,’’ according to Susan. One day, from Ohio (Mr. TIBERI) who is from the

VerDate Sep 11 2014 04:59 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.108 H25JYPT1 H6294 CONGRESSIONAL RECORD — HOUSE July 25, 2017 Columbia area and who served some of great spirit that he had around this with my dad, I was able to sit in a lot the time here when Congressman Reg- place—a true gentleman describes the of meetings, and Ralph was an incred- ula was here. gentleman from Navarre. It was an ible individual. Mr. TIBERI. Mr. Speaker, I thank honor and a privilege to serve with One of the things that my dad always Congressman GIBBS for yielding. him. said was that there was always a dif- The Akron Beacon Journal, a few Mr. GIBBS. Mr. Speaker, I yield to ference in life between people who days ago, wrote an extraordinary edi- the gentleman from Ohio (Mr. STIV- wanted to be politicians and public torial about Ralph Regula. The last ERS). servants. Dad said that it was very paragraph sums Congressman Regula Mr. STIVERS. Mr. Speaker, I rise simple: A politician is a person who up best: ‘‘What would benefit Congress today in memory of an incredible lead- sees how much they can take from the and the country today are more law- er from my home State of Ohio but people they represent for their own makers like Ralph Regula, devoted to also for the United States: Congress- benefit, while public servants see how their districts without losing sight of man Ralph Regula. He was a teacher, a much they can give of themselves to the larger picture. He wasn’t just su- patriot, and a veteran. He served dur- the people they represent. Ralph did perb at legislating. He delivered what ing World War II in the United States this over and over and over again, giv- governing requires.’’ I couldn’t say it Navy. He had been a schoolteacher and ing of himself. any better. a school principal, and he devoted his Marcia and I do want to express our We in Ohio lost a truly wonderful life to public service. regret to Mary and all of Ralph’s fam- person, a great American. Ohio has lost His career in government began with ily on his passing because, again, we three of them in the last year who I service in the Ohio house of representa- have lost a great friend, a great col- served with here in the United States tives and the Ohio senate before he league, and it is tough to say goodbye. Congress who made this body a better came to Congress in 1972. For nearly Mr. GIBBS. Mr. Speaker, I am sure place and who made this country a bet- four decades in Congress, Congressman the gentleman shares a lot of childhood ter place: nearly a year ago, Steve Regula became known as a leader who memories running around here with his LaTourette from northeastern Ohio; was willing to reach across the aisle to dad being a Congressman and Congress- earlier this year, ; and now get things done—to compromise—both man Regula for all those years. Ralph Regula. on Capitol Hill and with the White Mr. Speaker, I yield to the gentleman Ralph Regula was the dean of the del- House. He worked to pass legislation from Ohio (Mr. CHABOT) who is from egation even before I got here, and he that helped his district and the Amer- the Cincinnati area. was the dean of the delegation when I ican people. Mr. CHABOT. Mr. Speaker, I want to came here in 2001. One of the great His spirit of bipartisanship carried thank Mr. GIBBS for organizing this things that Ralph Regula did on our throughout his career when he re- Special Order here this evening in side of the aisle when we were in the mained an outspoken advocate, even in which we are honoring Ralph Regula, minority and then when we were in the his retirement, for bipartisanship. He our former colleague. majority is he strategically placed was truly an example of how to get I had the pleasure of serving with members of our team from Ohio things done. Congressman Regula for 14 years here throughout all the committees. So you Through his role on the House Appro- in this great institution. had people on the Appropriations Com- priations Committee, he served as an Ralph Regula was truly a gentleman mittee, you had people on the Ways important advocate for Ohio, including in the truest sense of the word. He and Means Committee, on the Energy funding for the Cleveland Clinic and served Ohio and our Nation with a dig- and Commerce Committee, and on the support for the Great Lakes. He was nity and grace that few will ever Armed Services Committee. Ralph was the quintessential example of what it match. When I think of the phrase so thoughtful that way trying to make means to be a public servant. ‘‘disagreeing without being disagree- sure that we represented our State in Mr. Speaker, my thoughts go out to able,’’ I think of Ralph Regula. all sorts of ways. his wife, Mary, and the rest of his fam- 1945 I got to know Ralph mostly sitting in ily. b that corner with , Ralph Mr. GIBBS. Mr. Speaker, I yield to Ralph was a lot of things. He was an Regula, and Steve LaTourette. The the gentleman from Ohio (Mr. LATTA) attorney, a teacher, a school principal, dean of the delegation didn’t speak who is from Bowling Green, Ohio. a veteran, a farmer, and a loving hus- loudly. He often spoke softly, but his Mr. LATTA. Mr. Speaker, I thank band, father, and grandfather. But per- words were meaningful—and usually the gentleman for yielding. I, too, haps most of all, he was dedicated to right. He was a thoughtful guy who would like to express my sympathies to serving the people of the 16th Congres- cared about our State, who cared about Mary and all the Regula family on sional District and his country. our country, and who taught so many Ralph’s passing. He was born in Beach City, Ohio, in of us how to legislate not just on the I got to know Ralph a long time ago 1924—the same year my mom was born, Appropriations Committee, but actu- because my dad served here for 30 by the way. Ralph first served his ally how to get things done. I have fond years. Dad was elected in 1958, Ralph country, as my father did, in World memories of the lessons that he gave was elected in 1972, and toward the end War II. My dad was in the Army and us on an ongoing basis. of their terms that they were here to- served in Europe. Ralph was in the I only got to serve with Ralph for 8 gether—of course, Ralph served on for Navy from 1942 to 1946 during World years. There are others in the room 36 years—their offices were very close War II. who got to serve with him a lot longer. to one another. I know that in those Ralph then graduated from Mount But it is safe to say what the Akron days sometimes you had a little more Union College in Alliance, Ohio, where Beacon Journal said is right: He knew time than we seem to have today, but he met his wife, Mary, and later ob- how to get things done. folks could actually go to one an- tained his law degree from William He did it in a bipartisan way, he did other’s office and sit down and chat. I McKinley School of Law in Canton. it with his constituents in mind, and know that Dad and Ralph were very Ralph had a passion for education. he did it because it was the right thing good friends. Before getting into politics, he served to do. What has been said by my other col- his community as a schoolteacher, as I There is a long list of things that he leagues is true; Ralph worked hard. He also did. He was then a principal and accomplished and that got done. He served his district well, he worked even ran for the Ohio Board of Edu- didn’t brag about it. He just did it in hard, he did his job, he served the peo- cation. his soft-spoken, nice, gentlemanly way. ple of his district, and he served the As a former teacher myself, as I men- The gentleman from Navarre contrib- people of this country. tioned, I know the time you spend with uted and gave more than he ever got. At all times, though, he always was a students helps shape the way you view His former staff knows, the former gentleman. I know that for a fact be- the world. Ralph was no different. He Members on both sides know it, and he cause I know that when I was younger, brought those experiences with him will always be remembered for that I always liked to be able to come here here to Washington, D.C., and put his

VerDate Sep 11 2014 04:59 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.110 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6295 passion to work on the Appropriations thoughts and our prayers. God bless richment. Ralph is remembered as a Committee. you all. hardworking, constructive, affable, in- Prior to being elected to Congress, Mr. GIBBS. Mr. Speaker, I yield to telligent, and effective Member. He set Ralph got his start in politics as a the gentlewoman from Toledo (Ms. a very high standard. member of the Ohio House of Rep- KAPTUR), who serves on the Appropria- I tried to write words that remind me resentatives and, later, the Ohio Sen- tions Committee and who, I am sure, of Ralph—certainly ‘‘talented,’’ ‘‘hon- ate. In 1972, he ran for Congress and has some interesting tales to tell about est,’’ ‘‘hardworking,’’ ‘‘sensible,’’ ‘‘un- won, beginning a long and impressive Congressman Regula. derstated,’’ ‘‘straightforward,’’ and congressional tenure. Ms. KAPTUR. Mr. Speaker, I thank ‘‘even-tempered.’’ Ralph served 18 terms, 36 years, and the kind gentleman for yielding, and I If you never met him, he was sort of he was a leader on the Appropriations thank him for arranging this Special a cross between Andy Griffith and Rob- Committee. In that role, he helped to Order this evening. I thank Congress- ert Redford. He was even-tempered and shape the country, but he never forgot man CHABOT for his kind words and all not vindictive—and he had reason to be where he came from: Stark County, the Members who have come to pay vindictive. He described himself as a Ohio. tribute to our beloved colleague, Ralph conservative in spending but a progres- Back in 1998, Ralph and his wife, Regula. sive in programs. Mary, were instrumental in the estab- Mr. Speaker, I rise tonight to honor A proud Canton resident, he worked lishment of the National First Ladies’ my late friend and respected colleague tirelessly to honor the legacy of his Library in Canton, and they both re- who served 18 terms and was a gen- hometown hero, President William mained very involved in the library’s tleman farmer, the very Honorable McKinley. Regula sought to preserve operations over the years. Congressman Ralph Regula of Ohio. the fellow Ohioan’s memory by fight- Many Ohioans and Cantonians re- Ralph passed away earlier this month ing to keep the name Mount McKinley member him for his staunch support of in Bethlehem Township, Ohio. He was for the summit in Alaska, homage to Stark County’s park system, the Cuya- 92. the man who represented his same dis- hoga Valley National Park, and the To his beloved wife, Mary, for whom trict. Towpath Trail. we all hold deep affection, and their During my time in the House, I have While many around the Nation will family—Martha, Richard, David, and had the pleasure of serving alongside remember Ralph Regula as an impor- their children—please let me extend Ralph on the Appropriations Com- tant figure on the Appropriations Com- heartfelt sympathy and deepest affec- mittee, where he was distinguished for mittee, a role he served in for many, tion. sensible solutions that worked for many years, I will remember him as a I had the privilege of serving with Americans and for Ohioans. respected colleague and someone I was Ralph for 26 years, many of those on When he served on the Labor, Health, proud to call a friend. the Appropriations Committee. and Human Services Subcommittee, he Ralph was a soft-spoken, old-school As others have mentioned, Ralph instructed me, when I got to Congress: gentleman. By the time I was elected Straus Regula was born in Beach City, This is where you really help people. to Congress back in 1994, Ralph Regula Ohio, on December 3, 1924, right before Ralph was dedicated to that. He had was the dean of the Ohio delegation. A the Great Depression. such a heart, but he didn’t wear it on few years after Congressman Regula re- In 1948, he graduated from Mount his sleeve. He supported working peo- tired, I became the dean of the Ohio Union College in Alliance, Ohio, and ple. There are many votes he cast in Republican delegation, and I tried to went on to receive a degree in law as a favor of the minimum wage. His father model my approach to the role that he night student from William McKinley was a coal miner. He understood what set. He set a great example for all of us School of Law in Canton, and then it was to do that kind of work for a liv- who serve here in the House because he went on to serve in the United States ing. truly was a gentleman. Navy during World War II. On the centennial of the Metro Tonight, as we remember our former Some of my memories of Ralph in- Parks’ creation, we remember his ado- dean, I hope that we also remember his clude him pulling into the congres- ration and commitment to our public ability to work across the aisle. Ralph sional garage on so many occasions in lands, founding one of northeast Ohio’s always treated everyone with respect his spiffy red pickup truck, always proudest landmarks, the Cuyahoga Na- and genuinely listened to the view- thinking about what was happening tional Valley Park. He dedicated so points of others. He believed that bi- back in Ohio on his farm. That truck many of his years to creating that partisanship was a virtue and would had many purposes. park, the Ohio and Erie Canal system, work tirelessly to find common ground. So many evenings we were in the and expanding that park to among the I think we can all learn from his exam- same building and I could see him top 10 most visited in the United ple. walking down the hall with Mary, his States of America. I would note that , wife, well after 9 p.m. in the evening He attended to Ohio while he at- who is one of our more respected after having put in a very long day tended to the Nation. He had the guts Democratic colleagues in the House, is here in Congress. to pass new user fees for all national here this evening. I think it is a tribute The press never reports about the parks to raise money to improve them, to the bipartisanship that Ralph Reg- Members who are dutiful and do their so he was thinking of the future. ula showed over the years. I know that work. They generally focus on those He was the founder and leader of the she worked not only with him, but with who run into a little bit of trouble or Steel Caucus in this House—that was many of us in a bipartisan manner. get into a fracas, but Ralph Regula was one of the first places that I met him— That is just the way that Ralph Regula the type of citizen who holds this Re- and an early and effective voice about operated. public together. foreign dumping and about the impor- Mr. Speaker, Ralph Regula was a de- He was first elected in 1972 and was a tance of manufacturing in America, cent, hardworking family man who was longstanding, prominent figure in our the importance of that steel industry dedicated to Ohio, and particularly the body, serving 36 years in the House by and having fair trade among nations. 16th Congressional District and the the time of his retirement. At the time With his wife, Mary, he was instru- people of Stark County. He was a pub- he retired, he was dean of the Ohio del- mental in creating the National First lic servant and a role model. He will be egation and number three in seniority Ladies’ Library in Canton, Ohio, a deeply missed. on the Republican side of the powerful most amazing place, with important To Ralph’s wife, Mary; his daughter, Appropriations Committee. His service untold stories about valorous women in Martha; his sons, David and Richard; embraced the tenure of seven U.S. our country that, for years, had been and the entire Regula family, please Presidents. largely hidden from the public. know that we are saddened by your As a lawmaker, Ralph was a cham- I recommend that the public go to loss. We share that loss. We appreciate pion of cross-party collaboration, as the website of that library and just the time that you allowed Ralph to others have referenced, and he was a read about the First Ladies of this serve our Nation. You are in our moral compass in an era of personal en- country—not just who they were, but

VerDate Sep 11 2014 04:59 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.112 H25JYPT1 H6296 CONGRESSIONAL RECORD — HOUSE July 25, 2017 what they endured. I learned so much Mr. GIBBS. Mr. Speaker, in closing, and raised three wonderful children: David, that I didn’t know. we heard tonight that we will miss Richard and Martha. Ralph brought phenomenal experi- Ralph Regula. He was a dedicated pub- In closing, Mr. Speaker let me just say this: ence to his public service. Others lic servant. He didn’t grandstand. He It truly was the honor of a lifetime to know talked about how he had practiced law, worked hard, and he got the job done Congressman Ralph Regula and call him my serving in the Navy, held a degree in for the people of Ohio and the people of predecessor, mentor, and my friend. He will business administration, served as a this country. We will sorely miss him. be dearly missed by all. school administrator, a teacher, a prin- Best regards to his beloved wife, f cipal, State legislator, and served on Mary, and three children and the rest the Ohio Board of Education. He was so of the Regula family. It was an honor RECESS level-headed. and privilege to know Ralph Regula. The SPEAKER pro tempore. Pursu- An article in the The Washington Mr. RENACCI. Mr. Speaker, I join my col- ant to clause 12(a) of rule I, the Chair Post reported that he introduced lan- leagues today to offer my tribute on behalf of declares the House in recess subject to guage in appropriations bills and proce- my predecessor, mentor, and most importantly the call of the Chair. dural maneuvers to fight efforts to my friend, the late Congressman Ralph Reg- Accordingly (at 8 p.m.), the House change Alaska’s Mount McKinley ula. We not only had the chance to share the stood in recess. name. Obviously, he held the seat that same district but we celebrated the same was once occupied by President McKin- birthday, something that always made our f ley, the 25th President, who, sadly, was connection feel stronger. b 2139 assassinated in 1901. Congressman Regula represented the 16th As a graduate of the old William District of Ohio in the United States House of AFTER RECESS McKinley School of Law in Canton, Mr. Representatives from 1973 until his retirement The recess having expired, the House Regula did not want to see the name of in 2009. For thirty-six years and eighteen was called to order by the Speaker pro his fellow Buckeye erased from the terms, Ralph Regula brought common-sense, tempore (Mr. WOODALL) at 9 o’clock tallest peak in North America. Ralph Ohio values to Washington each and every and 39 minutes p.m. said: The law says it is Mount McKin- day. f ley, and no President can change the Ralph came to Washington, often in his law by the flick of a pen. ubiquitous red pickup truck, to do a job for the REPORT ON RESOLUTION PRO- When he set his mind to it, he pre- American People. His was an office held in VIDING FOR CONSIDERATION OF vailed. His vast experience on the legis- trust for a time and then relinquished with H.R. 3219, DEPARTMENT OF DE- lative front led him and drove his suc- grace when that season of his life was over. FENSE APPROPRIATIONS ACT, cessful efforts to invest millions and Ralph Regula began his career as a teacher 2018 millions of dollars in the improvement and grade school principal. Throughout his of healthcare for the American people, Mr. COLE, from the Committee on long career in public service he always en- as well as Ohio institutions such as the Rules, submitted a privileged report couraged students who approached him to Cleveland Clinic, University Hospitals, (Rept. No. 115–259) on the resolution (H. ‘‘Learn something new every day’’. It was Case Western Reserve University, and Res. 473) providing for consideration of more than advice: it was a heartfelt wish that MetroHealth. the bill (H.R. 3219) making appropria- He championed the Great Lakes and every young person he met would embrace a tions for the Department of Defense for fought mightily to find a way to clean lifetime of learning and go on to become the the fiscal year ending September 30, up coal. I can remember being on the very best versions of themselves. 2018, and for other purposes, which was Republican side of the aisle. He said: As a public servant, Ralph Regula was a referred to the House Calendar and or- thoughtful, conscientious man of the people. Congresswoman KAPTUR, you have got dered to be printed. From humble beginnings as village solicitor in to help me clean up coal. f He was always looking for a way to Navarre, Ohio, Ralph brought his experience try to make life better. He advocated as an educator to the Ohio Board of Edu- ADJOURNMENT cation, and from there, to the Ohio state for the National Endowment for the Mr. COLE. Mr. Speaker, I move that house where he served in the Ohio House of Arts. He worked to clean up Florida’s the House do now adjourn. Representatives and the Ohio Senate. In Everglades and led the construction of The motion was agreed to; accord- 1972, Ralph Regula was elected to Congress the popular children’s farm here in ingly (at 9 o’clock and 40 minutes to represent the 16th District of Ohio, an office Washington at the National Zoo. p.m.), under its previous order, the he always said he held in trust for the people When people come to public service House adjourned until tomorrow, he represented back home in Ohio. His con- at the national level, they learn that it Wednesday, July 26, 2017, at 10 a.m. for stituents sent him back to Washington eight- is very hard to accomplish things over morning-hour debate. a brief period of time. It takes a long een times, asking for and receiving his best time. It takes decades to do something service and judgment on their behalf in the f of merit. Ralph certainly achieved People’s House. EXECUTIVE COMMUNICATIONS, that. In Congress, Ralph Regula served most of ETC. In 2010, the Cleveland Plain Dealer his tenure in the Committee on Appropriations. quoted him. I will end my tribute to Ralph would say he was one of the keepers Under clause 2 of rule XIV, executive him this evening with a quote that he of America’s checkbook. In that role, Ralph communications were taken from the gave to the Plain Dealer. He said: ‘‘In- brought his own brand of fiscal conservatism Speaker’s table and referred as follows: flammatory rhetoric may satisfy the to bear on the great issues facing the United 2076. A letter from the Secretary, Depart- partisans, but it does little or nothing States. As chairman of the Committee on Ap- ment of Defense, transmitting a letter au- to move the legislative ball to the goal propriations Interior subcommittee, Ralph was thorizing Captain Daniel L. Cheever, United instrumental in securing the future of Cuya- States Navy, to wear the insignia of the line.’’ He was talking about the neces- grade of rear admiral (lower half) while serv- sity of breaking legislative gridlock hoga Valley National Park. ing as Commander, Naval Aviation and advocating bipartisan compromise. I have no doubt that Ralph Regula will be Warfighting Development Center, pursuant I think by Congressman remembered for many things during his time in to 10 U.S.C. 777(b)(3)(B); Public Law 104-106, being on floor tonight, by my being on Congress. I think his sense of fairness and his Sec. 503(a)(1) (as added by Public Law 108-136, the floor tonight, in a bipartisan spirit, bi-partisan approach to lawmaking will, no Sec. 509(a)(3)); (117 Stat. 1458); to the Com- giving tribute to Ralph Regula, this is doubt, be among the best attributes recalled mittee on Armed Services. a life that Members of Congress can by his friends and colleagues. Debate ended 2077. A letter from the Attorney-Advisor, learn from: real achievement, real at the doors to the House, but the friendship Legal Division, Consumer Financial Protec- tion Bureau, transmitting the Bureau’s merit, real honor. He brought real always endured. Major final rule — Amendments to Federal meaning to the word the ‘‘Honorable’’ Ralph was foremost, though, a family man. Mortgage Disclosure Requirements under the Ralph Straus Regula. The great love of his life, Mary, was his part- Truth in Lending Act (Regulation Z) [Docket May God let him rest in peace and ner through thick and thin. Partners in all No.: CFPB-2016-0038) (RIN: 3170-AA61) re- bless his spirit. things, Ralph and Mary built a life together ceived July 21, 2017, pursuant to 5 U.S.C.

VerDate Sep 11 2014 04:59 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.113 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6297 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 purposes; with an amendment (Rept. 115–254, H.R. 3379. A bill to amend the Internal Rev- Stat. 868); to the Committee on Financial Pt. 1). Ordered to be printed. enue Code of 1986 to provide for an increase Services. Mr. HENSARLING: Committee on Finan- in the earned income tax credit for individ- 2078. A letter from the General Counsel, cial Services. H.R. 2246. A bill to repeal the uals with no qualifying children, and for Federal Housing Finance Agency, transmit- mandatory flood insurance coverage require- other purposes; to the Committee on Ways ting the Agency’s final rule — Minority and ment for commercial properties located in and Means. Women Inclusion Amendments (RIN: 2590- flood hazard areas and to provide for greater By Ms. VELA´ ZQUEZ (for herself, Mr. AA78) received July 17, 2017, pursuant to 5 transfer of risk under the National Flood In- ELLISON, Ms. JAYAPAL, Mr. DEFAZIO, U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. surance Program to private capital and rein- Ms. SHEA-PORTER, Mrs. CAROLYN B. 251; (110 Stat. 868); to the Committee on Fi- surance markets, and for other purposes; MALONEY of New York, and Mrs. nancial Services. with an amendment (Rept. 115–255). Referred WATSON COLEMAN): 2079. A letter from the Secretary, Depart- to the Committee of the Whole House on the H.R. 3380. A bill to cancel the registration ment of Education, transmitting the Depart- state of the Union. of all uses of the pesticide chlorpyrifos, and ment’s final regulations — Elementary and Mr. BISHOP of Utah: Committee on Nat- for other purposes; to the Committee on Ag- Secondary Education Act of 1965, As Amend- ural Resources. H.R. 2053. A bill to amend riculture, and in addition to the Committee ed by the Every Student Succeeds Act--Ac- the Surface Mining Control and Reclamation on Energy and Commerce, for a period to be countability and State Plans [Docket ID: ED Act of 1977 to enhance and support mining subsequently determined by the Speaker, in 2016-OESE-0032] (RIN: 1810-AB27) received and mineral engineering programs in the each case for consideration of such provi- July 17, 2017, pursuant to 5 U.S.C. United States by funding activities at min- sions as fall within the jurisdiction of the 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ing schools, and for other purposes; with an committee concerned. Stat. 868); to the Committee on Education amendment (Rept. 115–256). Referred to the By Mr. DANNY K. DAVIS of Illinois and the Workforce. Committee of the Whole House on the state (for himself, Ms. LEE, Ms. ROYBAL- 2080. A letter from the Acting Assistant of the Union. ALLARD, and Mr. CONNOLLY): Secretary for Legislation, Department of Mr. BISHOP of Utah: Committee on Nat- H.R. 3381. A bill to establish in the Admin- Health and Human Services, transmitting ural Resources. H.R. 2939. A bill to prohibit istration for Children and Families of the the Department’s Fiscal Year 2015 and Fiscal the conditioning of any permit, lease, or Department of Health and Human Services Year 2016 Distribution of Funds Under Sec- other use agreement on the transfer of any the Federal Interagency Working Group on tion 330(r)(3) of the Public Health Service water right to the United States by the Sec- Reducing Child Poverty to develop a na- Act Report to Congress; to the Committee on retaries of the Interior and Agriculture, and tional strategy to eliminate child poverty in Energy and Commerce. for other purposes (Rept. 115–257, Pt. 1). Re- the United States, and for other purposes; to 2081. A letter from the Chairman, Council ferred to the Committee of the Whole House the Committee on Oversight and Govern- of the District of Columbia, transmitting on the state of the Union. ment Reform. D.C. Act 22-101, ‘‘Medical Marijuana Certified Mr. GOWDY: Committee on Oversight and By Ms. CLARK of Massachusetts (for Business Enterprise Preference Temporary Government Reform. H.R. 3210. A bill to re- herself and Mr. BUCSHON): Amendment Act of 2017’’, pursuant to Public quire the Director of the National Back- H.R. 3382. A bill to amend the Public Law 93-198, Sec. 602(c)(1); (87 Stat. 814); to the ground Investigations Bureau to submit a re- Health Service Act to better address sub- Committee on Oversight and Government port on the backlog of personnel security stance use and substance use disorders Reform. clearance investigations, and for other pur- among young people; to the Committee on 2082. A letter from the Chairman, Council poses; with an amendment (Rept. 115–258). Energy and Commerce. of the District of Columbia, transmitting Referred to the Committee of the Whole By Mr. ESTES of Kansas: D.C. Act 22-100, ‘‘Closing of a Public Alley in House on the state of the Union. H.R. 3383. A bill to designate the flood con- Square 2960, S.O. 15-53893, Act of 2017’’, pursu- Mr. COLE: Committee on Rules. House trol project in Sedgwick County, Kansas, ant to Public Law 93-198, Sec. 602(c)(1); (87 Resolution 473. Resolution providing for con- commonly known as the Wichita-Valley Cen- Stat. 814); to the Committee on Oversight sideration of the bill (H.R. 3219) making ap- ter Flood Control Project, as the ‘‘M.S. and Government Reform. propriations for the Department of Defense ‘Mitch’ Mitchell Floodway’’; to the Com- 2083. A letter from the Chairman, Federal for the fiscal year ending September 30, 2018, mittee on Transportation and Infrastruc- Deposit Insurance Corporation, transmitting and for other purposes (Rept. 115–259). Re- ture. the Corporation’s 2017 Annual Performance ferred to the House Calendar. By Mrs. HARTZLER: Plan, pursuant to 31 U.S.C. 1115(b); Public DISCHARGE OF COMMITTEE H.R. 3384. A bill to amend the Richard B. Law 111-352, Sec. 3; (124 Stat. 3867); to the Pursuant to clause 2 of rule XIII, the Russell National School Lunch Act by re- Committee on Oversight and Government Committee on Agriculture discharged pealing the paid lunch equity requirements; to the Committee on Education and the Reform. from further consideration. H.R. 2939 2084. A letter from the Acting Associate Workforce. referred to the Committee of the Whole By Mr. of Texas (for Administrator for Legislative and Intergov- House on the state of the Union. ernmental Affairs, National Aeronautics and himself, Mr. SCHWEIKERT, and Mr. Space Administration, transmitting the Ad- f CURBELO of Florida): H.R. 3385. A bill to require the Commis- ministration’s FY 2016 No FEAR Act report, PUBLIC BILLS AND RESOLUTIONS sioner of Social Security to update the med- pursuant to 5 U.S.C. 2301 note; Public Law ical-vocational guidelines used in disability 107-174, 203(a) (as amended by Public Law 109- Under clause 2 of rule XII, public determinations; to the Committee on Ways 435, Sec. 604(f)); (120 Stat. 3242); to the Com- bills and resolutions of the following and Means. mittee on Oversight and Government Re- titles were introduced and severally re- By Mr. SAM JOHNSON of Texas (for form. ferred, as follows: himself and Mr. KELLY of Pennsyl- 2085. A letter from the Secretary, Depart- By Mr. FARENTHOLD: vania): ment of Transportation, transmitting the H.R. 3377. A bill to prohibit importation of H.R. 3386. A bill to amend titles II and XVI Department’s Status of Actions Addressing seafood products of countries that do not of the Social Security Act to provide for the Safety Issue Areas on the National prohibit the practice of shark finning, and quality reviews of benefit decisions, and for Transportation Safety Board’s (NTSB) Most for other purposes; to the Committee on other purposes; to the Committee on Ways Wanted List, pursuant to 49 U.S.C. 1135(e)(1); Ways and Means. and Means. Public Law 103-272, Sec. 1(d) (as amended by By Mrs. WALORSKI (for herself, Ms. By Mr. HARPER: Public Law 111-216, Sec. 202(b)); (124 Stat. DELBENE, Mr. JOHNSON of Ohio, Mr. H.R. 3387. A bill to amend the Safe Drink- 2351); to the Committee on Transportation RUIZ, and Mr. SESSIONS): ing Water Act to improve public water sys- and Infrastructure. H.R. 3378. A bill to amend title XVIII of the tems and enhance compliance with such Act, f Social Security Act to require reporting of and for other purposes; to the Committee on certain data by providers and suppliers of air Energy and Commerce. REPORTS OF COMMITTEES ON ambulance services for purposes of reforming By Mr. LATTA (for himself and Ms. PUBLIC BILLS AND RESOLUTIONS reimbursements for such services under the SCHAKOWSKY): Under clause 2 of rule XIII, reports of Medicare program, and for other purposes; to H.R. 3388. A bill to provide for information committees were delivered to the Clerk the Committee on Energy and Commerce, on highly automated driving systems to be and in addition to the Committee on Ways made available to prospective buyers; to the for printing and reference to the proper and Means, for a period to be subsequently Committee on Energy and Commerce. calendar, as follows: determined by the Speaker, in each case for By Ms. BARRAGA´ N: Mr. BRADY of Texas: Committee on Ways consideration of such provisions as fall with- H.R. 3389. A bill to give priority in alloca- and Means. H.R. 3178. A bill to amend title in the jurisdiction of the committee con- tion of rental assistance vouchers under the XVIII of the Social Security Act to improve cerned. Veterans Affairs Supported Housing program the delivery of home infusion therapy and di- By Mr. COFFMAN (for himself, Mr. of the Department of Housing and Urban De- alysis and the application of the Stark rule CICILLINE, Mr. FASO, and Mr. velopment to areas having the largest popu- under the Medicare program, and for other TAKANO): lations of homeless veterans, and for other

VerDate Sep 11 2014 04:59 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\L25JY7.000 H25JYPT1 H6298 CONGRESSIONAL RECORD — HOUSE July 25, 2017 purposes; to the Committee on Financial of employers and employees for services pro- Congress has the power to enact this legis- Services. viders; to the Committee on Ways and lation pursuant to the following: By Ms. CASTOR of Florida (for herself Means. Article I of the Constitution and its subse- and Mr. SOTO): By Ms. ROSEN (for herself, Mr. quent amendments and further clarified and H.R. 3390. A bill to amend the Higher Edu- KNIGHT, Mr. EVANS, Mr. MEEKS, Mr. interpreted by the Supreme Court of the cation Act of 1965 to reduce the interest rate TONKO, Ms. HANABUSA, Mr. BEYER, United States. caps for Federal Direct student loans, to Ms. ESTY of Connecticut, Mr. CRIST, By Ms. CLARK of Massachusetts: eliminate loan origination fees on all Fed- Ms. SLAUGHTER, and Mr. SOTO): H.R. 3382. eral Direct student loans, and to provide for H.R. 3397. A bill to direct the National Congress has the power to enact this legis- refinancing of Federal Direct student loans Science Foundation to support STEM edu- lation pursuant to the following: and Federal family education loans; to the cation research focused on early childhood; Article I, Section 8 Committee on Education and the Workforce. to the Committee on Science, Space, and By Mr. ESTES of Kansas: By Mr. HARRIS (for himself, Mr. BLU- Technology. H.R. 3383. MENAUER, Mr. GRIFFITH, and Ms. LOF- By Mr. YOUNG of Alaska (for himself Congress has the power to enact this legis- GREN): and Ms. GABBARD): lation pursuant to the following: H.R. 3391. A bill to amend the Controlled H.R. 3398. A bill to amend the Real ID Act Article I, Section 8 of the United States Substances Act to make marijuana acces- of 2005 to permit Freely Associated States to Constitution, specifically Clause 1 (relating sible for use by qualified marijuana research- meet identification requirements under such to providing for the general welfare of the ers for medical purposes, and for other pur- Act, and for other purposes; to the Com- United States) and Clause 18 (relating to the poses; to the Committee on Energy and Com- mittee on Oversight and Government Re- power to make all laws necessary and proper merce, and in addition to the Committee on form. for carrying out the powers vested in Con- the Judiciary, for a period to be subse- By Ms. JACKSON LEE (for herself, Mr. gress), and Article IV, Section 3, Clause 2 (re- quently determined by the Speaker, in each lating to the power of Congress to dispose of case for consideration of such provisions as COHEN, Ms. HANABUSA, Mr. ´ and make all needful rules and regulations fall within the jurisdiction of the committee GUTIERREZ, Mrs. CAROLYN B. MALO- respecting the territory or other property concerned. NEY of New York, Mr. CASTRO of belonging to the United States). By Mr. JOHNSON of Louisiana: Texas, Mr. TED LIEU of California, H.R. 3392. A bill to provide for stability of Mr. CLEAVER, Mr. BUTTERFIELD, Mr. By Mrs. HARTZLER: title to certain land in the State of Lou- LEWIS of Georgia, Mr. CONNOLLY, Mr. H.R. 3384. isiana, and for other purposes; to the Com- MEEKS, Mr. RASKIN, Mrs. LAWRENCE, Congress has the power to enact this legis- mittee on Natural Resources. Ms. BASS, Mr. KRISHNAMOORTHI, Mr. lation pursuant to the following: By Mr. TED LIEU of California (for KILDEE, and Mr. BEYER): Article I: Section 8: Clause 3 The United States Congress shall have power ‘‘To regu- himself, Mr. CARTWRIGHT, and Ms. H. Res. 474. A resolution expressing dis- late Commerce with foreign Nations, and KUSTER of New Hampshire): approval of any action by the President to H.R. 3393. A bill to increase cybersecurity remove the Special Counsel investigating among the several States, and with the In- education and job growth, and for other pur- Russian interference in the 2016 presidential dian Tribes.’’ poses; to the Committee on Science, Space, election and opposition to the granting of By Mr. SAM JOHNSON of Texas: and Technology, and in addition to the Com- pardons to any person for offenses against H.R. 3385. mittees on Ways and Means, Education and the United States arising out of Russia’s ac- Congress has the power to enact this legis- the Workforce, and Oversight and Govern- tivities to bring about the election Donald J. lation pursuant to the following: ment Reform, for a period to be subsequently Trump as President of the United States; to Clause 1 of section 8 of article I of the Con- determined by the Speaker, in each case for the Committee on the Judiciary. stitution, to ‘‘provide for the common de- consideration of such provisions as fall with- By Mr. POLIQUIN (for himself and Mr. fense and general welfare of the United in the jurisdiction of the committee con- HECK): States.’’ cerned. H. Res. 475. A resolution expressing support By Mr. SAM JOHNSON of Texas: By Mrs. MCMORRIS RODGERS (for for the designation of the month of Sep- H.R. 3386. herself, Mr. CARTER of Georgia, Mr. tember 2017 as ‘‘National Month for Rent- Congress has the power to enact this legis- HECK, Mr. KENNEDY, Mr. KHANNA, Mr. ers’’; to the Committee on Financial Serv- lation pursuant to the following: LAMALFA, Mr. MCGOVERN, Mr. ices. Clause 1 of section 8 of article I of the Con- O’HALLERAN, Mr. RASKIN, Mr. VELA, stitution, to ‘‘provide for the common de- f Mr. YOUNG of Iowa, Mr. CAPUANO, Mr. fense and general welfare of the United CARTWRIGHT, Mr. CROWLEY, Mr. CONSTITUTIONAL AUTHORITY States.’’ DENHAM, Mr. ESPAILLAT, Mr. FASO, STATEMENT By Mr. HARPER: Ms. JENKINS of Kansas, Mr. KILMER, H.R. 3387. Pursuant to clause 7 of rule XII of Mr. MOULTON, Mr. NEWHOUSE, Mr. Congress has the power to enact this legis- TAKANO, Mr. VALADAO, Mr. COHEN, the Rules of the House of Representa- lation pursuant to the following: Mr. CONYERS, Mr. COURTNEY, Mr. tives, the following statements are sub- Article I, Section 8, Clause 1 of the United DANNY K. DAVIS of Illinois, Mr. mitted regarding the specific powers States Constitution. DEFAZIO, Ms. DELAURO, Ms. granted to Congress in the Constitu- By Mr. LATTA: DELBENE, Mr. GARAMENDI, Mr. LAR- H.R. 3388. tion to enact the accompanying bill or Congress has the power to enact this legis- SEN of Washington, Mr. LONG, Mr. joint resolution. LUCAS, Mr. MARINO, Mr. MURPHY of lation pursuant to the following: By Mr. FARENTHOLD: Article I, Section 8, Clause 3 Pennsylvania, Mr. NOLAN, Ms. ROS- H.R. 3377. To regulate Commerce with foreign Na- LEHTINEN, Mr. RUSH, Ms. SCHA- Congress has the power to enact this legis- tions, and among the several States, and KOWSKY, Ms. SEWELL of Alabama, Ms. lation pursuant to the following: with the Indian Tribes; WILSON of Florida, Mr. SERRANO, Ms. Article 1 Section 8 By Ms. BARRAGA´ N: TSONGAS, Ms. BONAMICI, Mr. RUIZ, By Mrs. WALORSKI: H.R. 3389. Ms. CLARK of Massachusetts, Mr. H.R. 3378. Congress has the power to enact this legis- COLE, Mr. ROGERS of Kentucky, and Congress has the power to enact this legis- lation pursuant to the following: Mr. LARSON of Connecticut): H.R. 3394. A bill to reauthorize section 340H lation pursuant to the following: Article 1, Section 8, Clause 18 of the Public Health Service Act to continue Article I, Section 8 of the U.S. Constitu- By Ms. CASTOR of Florida: to encourage the expansion, maintenance, tion. H.R. 3390. and establishment of approved graduate By Mr. COFFMAN: Congress has the power to enact this legis- medical residency programs at qualified H.R. 3379. lation pursuant to the following: teaching health centers, and for other pur- Congress has the power to enact this legis- Article I, Section 8, Clause 3 of the U.S. poses; to the Committee on Energy and Com- lation pursuant to the following: Constitution merce. Clause 1 of Section 8 of Article I and the By Mr. HARRIS: By Mr. MEEHAN (for himself and Mr. 16th Amendment to the U.S. Constitution. H.R. 3391. ´ NORCROSS): By Ms. VELAZQUEZ: Congress has the power to enact this legis- H.R. 3395. A bill to amend the Internal Rev- H.R. 3380. lation pursuant to the following: enue Code of 1986 to allow tax free distribu- Congress has the power to enact this legis- Article 1, Section 8, Clause 3 tions from section 529 college savings plans lation pursuant to the following: By Mr. JOHNSON of Louisiana: for certain expenses associated with reg- Article I, Section 8, Clause 1 H.R. 3392. istered apprenticeship programs; to the Com- The Congress shall have Power to . . . pro- Congress has the power to enact this legis- mittee on Ways and Means. vide for the . . . general Welfare of the lation pursuant to the following: By Mr. PAULSEN: United States; . . . Article 4, Section 3, clause 2 H.R. 3396. A bill to amend the Internal Rev- By Mr. DANNY K. DAVIS of Illinois: By Mr. TED LIEU of California: enue Code of 1986 to change the classification H.R. 3381. H.R. 3393.

VerDate Sep 11 2014 04:59 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\L25JY7.100 H25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — HOUSE H6299

Congress has the power to enact this legis- H.R. 1094: Mr. COOPER. H.R. 2491: Mr. SCHNEIDER. lation pursuant to the following: H.R. 1124: Mr. FLORES and Mr. POLIQUIN. H.R. 2499: Mr. CUMMINGS. Section 8 of the U.S. Constitution. H.R. 1133: Mr. CARTER of Georgia. H.R. 2501: Mr. GALLEGO. By Mrs. MCMORRIS RODGERS: H.R. 1136: Mr. COLLINS of Georgia. H.R. 2526: Mr. NORCROSS. H.R. 3394. H.R. 1227: Mr. KHANNA. H.R. 2591: Mr. THOMAS J. ROONEY of Flor- Congress has the power to enact this legis- H.R. 1264: Mr. RATCLIFFE. ida. lation pursuant to the following: H.R. 1267: Mr. GENE GREEN of Texas. H.R. 2617: Mr. RUTHERFORD. To regulate Commerce as enumerated by H.R. 1281: Mr. SIRES and Mr. LARSON of H.R. 2641: Mr. MOONEY of West Virginia and Article I, Section 8, Clause 1 of the Constitu- Connecticut. Mr. PAULSEN. tion H.R. 1291: Mr. SMITH of Washington. H.R. 2666: Mr. SCHWEIKERT and Ms. By Mr. MEEHAN: H.R. 1298: Mr. WALZ. MCSALLY. H.R. 3395. H.R. 1300: Mr. HIGGINS of New York. H.R. 2670: Mr. CUMMINGS. Congress has the power to enact this legis- H.R. 1307: Mr. CARBAJAL and Mr. LARSEN of H.R. 2683: Mr. CRIST. lation pursuant to the following: Washington. H.R. 2692: Mr. COHEN. Article I, Section 8: H.R. 1339: Mr. WALBERG. H.R. 2705: Mr. CARTER of Georgia. The Congress shall have Power To lay and H.R. 1360: Mr. SMITH of Texas. H.R. 2713: Ms. MICHELLE LUJAN GRISHAM of collect Taxes, Duties, Imposts and Excises, H.R. 1400: Mr. FERGUSON. New Mexico. to pay the Debts and provide for the common H.R. 1406: Ms. FRANKEL of Florida, Mr. H.R. 2719: Mr. BEYER, Ms. WASSERMAN Defense and general Welfare of the United JOYCE of Ohio, Mr. MICHAEL F. DOYLE of SCHULTZ, Mr. HECK, Mr. CRIST, Mr. DEUTCH, States. Pennsylvania, Ms. MCSALLY, and Mr. and Mr. MOULTON. By Mr. PAULSEN: SERRANO. H.R. 2723: Mr. BANKS of Indiana, Mr. LAB- H.R. 3396. H.R. 1436: Mr. BANKS of Indiana. RADOR, Mr. LONG, Mr. MCCAUL, Mr. LAMBORN, Congress has the power to enact this legis- H.R. 1444: Ms. ROSEN. Mrs. NOEM, and Mrs. WAGNER. lation pursuant to the following: H.R. 1470: Mr. COFFMAN. H.R. 2740: Mr. MCGOVERN, Ms. BONAMICI, Clause 1 of Section 8 of Article I of the H.R. 1494: Mr. UPTON, Ms. DELAURO, Mr. Ms. KUSTER of New Hampshire, Mr. BUDD, United States Constitution. FERGUSON, Mr. FRELINGHUYSEN, Mrs. LOWEY, Mr. CLAY, Mr. BRADY of Texas, and Mr. By Ms. ROSEN: and Mr. SOTO. MCEACHIN. H.R. 3397. H.R. 1555: Ms. LOFGREN and Mr. LUCAS. H.R. 2771: Mr. VALADAO. Congress has the power to enact this legis- H.R. 1645: Mr. STIVERS. H.R. 2790: Mr. JONES, Mr. LOWENTHAL, Mr. lation pursuant to the following: H.R. 1650: Mr. LANGEVIN. RUPPERSBERGER, and Mrs. MURPHY of Flor- Clause 8 of Section 8 of Article I of the H.R. 1676: Mr. CURBELO of Florida and Mr. ida. Constitution QUIGLEY. H.R. 2819: Mr. BRAT. By Mr. YOUNG of Alaska: H.R. 1697: Mr. WILLIAMS, Mr. BRADY of H.R. 2820: Mr. FITZPATRICK and Ms. H.R. 3398. Texas, Mr. BUDD, Mr. DIAZ-BALART, and Mr. STEFANIK. Congress has the power to enact this legis- LONG. H.R. 2821: Mr. BLUMENAUER. lation pursuant to the following: H.R. 1698: Mr. JODY B. HICE of Georgia and H.R. 2830: Mr. LIPINSKI, Mr. FASO, Mr. Article I, Section 8, Clause 18 and Article 4, Ms. GABBARD. COFFMAN, and Mr. BEYER. Section 3, Clause 2. H.R. 1731: Mr. MARINO and Mr. GIBBS. H.R. 2832: Mr. FARENTHOLD, Mr. WALKER, H.R. 1739: Mr. KHANNA, Ms. BROWNLEY of Mr. PITTENGER, and Mr. BANKS of Indiana. f California, Mr. KIND, and Ms. MOORE. H.R. 2851: Mr. GOTTHEIMER and Mr. ADDITIONAL SPONSORS H.R. 1795: Mr. LEWIS of Georgia and Mr. FITZPATRICK. Under clause 7 of rule XII, sponsors SMITH of Washington. H.R. 2856: Mr. BRADY of Texas. H.R. 1810: Mr. KHANNA. H.R. 2864: Mr. WILLIAMS, Mr. HILL, and Mr. were added to public bills and resolu- H.R. 1825: Mr. POLIQUIN. MESSER. tions, as follows: H.R. 1828: Mrs. NOEM. H.R. 2890: Mr. ROSKAM, Mr. KIND, and Mr. H.R. 36: Mr. CARTER of Georgia. H.R. 1846: Ms. KUSTER of New Hampshire FOSTER. H.R. 37: Mr. HARPER. and Mr. MCGOVERN. H.R. 2899: Mr. CUMMINGS. H.R. 44: Ms. GABBARD and Mrs. WALORSKI. H.R. 1861: Ms. VELA´ ZQUEZ. H.R. 2901: Mr. REICHERT. H.R. 52: Mr. CLAY. H.R. 1868: Mr. TAKANO. H.R. 2902: Mr. BLUMENAUER and Mr. POLIS. H.R. 112: Mr. LAWSON of Florida and Mr. H.R. 1896: Mr. FORTENBERRY. H.R. 2903: Mr. SOTO. GAETZ. H.R. 1897: Mr. FORTENBERRY. H.R. 2925: Mr. HUFFMAN. H.R. 126: Mr. POCAN. H.R. 1902: Mr. SABLAN. H.R. 2933: Ms. WILSON of Florida, Ms. H.R. 149: Ms. CLARKE of New York, Mr. H.R. 1963: Mr. RASKIN. BONAMICI, and Mrs. BUSTOS. RUSH, and Mr. GONZALEZ of Texas. H.R. 1999: Mr. CARTER of Georgia. H.R. 2936: Mr. VALADAO and Mr. WALDEN. H.R. 150: Mr. GONZALEZ of Texas. H.R. 2004: Mr. HIGGINS of Louisiana. H.R. 2946: Mr. WALZ. H.R. 256: Mr. CARTER of Georgia. H.R. 2016: Mr. COHEN. H.R. 2968: Mr. BLUMENAUER. H.R. 350: Mr. POLIQUIN and Mr. FRANCIS H.R. 2030: Mr. GONZALEZ of Texas. H.R. 2976: Ms. JUDY CHU of California. ROONEY of Florida. H.R. 2040: Mr. FERGUSON. H.R. 2978: Mr. NEAL. H.R. 380: Mr. CARTER of Georgia. H.R. 2044: Mr. LOEBSACK. H.R. 2996: Mr. SMITH of Texas, Mr. H.R. 432: Mr. LARSON of Connecticut. H.R. 2051: Mr. RENACCI. FARENTHOLD, Mr. LUETKEMEYER, Mr. H.R. 444: Ms. SLAUGHTER and Mr. SOTO. H.R. 2123: Mr. JONES. PITTENGER, Mr. GRAVES of Missouri, Mr. H.R. 465: Mr. DAVIDSON. H.R. 2158: Mr. NORCROSS. LAMBORN, Mr. BISHOP of Michigan, and Mrs. H.R. 490: Mr. GALLAGHER. H.R. 2193: Mr. MARSHALL and Ms. SA´ NCHEZ. WAGNER. H.R. 564: Mr. WOODALL. H.R. 2234: Mr. SMITH of Washington. H.R. 2999: Mr. POCAN and Ms. ESHOO. H.R. 692: Mr. CARTER of Georgia. H.R. 2261: Mr. KHANNA. H.R. 3011: Mr. WITTMAN. H.R. 718: Mr. CARTER of Georgia. H.R. 2276: Mrs. BLACKBURN. H.R. 3024: Ms. CLARK of Massachusetts. H.R. 754: Mrs. LOVE, Mr. CARTWRIGHT, Ms. H.R. 2286: Mr. CURBELO of Florida. H.R. 3035: Mr. HIMES and Mr. COURTNEY. ESHOO, Mr. HILL, Mr. SIRES, Mr. HASTINGS, H.R. 2291: Mr. KILMER. H.R. 3048: Mr. PETERSON. Mr. SERRANO, and Miss RICE of New York. H.R. 2298: Mr. JENKINS of West Virginia. H.R. 3053: Mr. COHEN and Mr. ROUZER. H.R. 771: Ms. ROSEN. H.R. 2307: Ms. MOORE. H.R. 3055: Mr. LOUDERMILK. H.R. 772: Mr. ROUZER. H.R. 2315: Ms. VELA´ ZQUEZ and Ms. MCCOL- H.R. 3056: Mr. LOUDERMILK. H.R. 785: Mr. FLEISCHMANN and Mr. LUM. H.R. 3089: Mr. BLUMENAUER. CRAWFORD. H.R. 2318: Mr. NORCROSS. H.R. 3100: Mr. O’HALLERAN, Mr. CUELLAR, H.R. 820: Mr. CAPUANO and Mr. LONG. H.R. 2326: Mr. COSTELLO of Pennsylvania Mr. CRIST, Mr. COSTA, Mr. LIPINSKI, Mr. H.R. 825: Mr. CURBELO of Florida. and Mr. CONNOLLY. BISHOP of Georgia, Mr. CORREA, Mr. GON- H.R. 846: Mr. PRICE of North Carolina. H.R. 2327: Mr. CARTER of Georgia, Ms. LOF- ZALEZ of Texas, Mrs. MURPHY of Florida, Mr. H.R. 849: Mr. JOHNSON of Louisiana. GREN, Mr. MOULTON, Mr. ROSKAM, and Mr. SCHNEIDER, and Mr. THOMPSON of California. H.R. 850: Mr. GRAVES of Missouri, Mr. LAM- LOUDERMILK. H.R. 3107: Mr. WITTMAN. BORN, and Mrs. WAGNER. H.R. 2340: Mr. YOUNG of Alaska and Mr. H.R. 3110: Mr. DELANEY, Mrs. CAROLYN B. H.R. 873: Mr. CARTER of Georgia, Mr. PETERSON. MALONEY of New York, Ms. SINEMA, and Mr. QUIGLEY, Mr. ABRAHAM, and Ms. HERRERA H.R. 2408: Mr. CURBELO of Florida and Ms. CURBELO of Florida. BEUTLER. SLAUGHTER. H.R. 3111: Ms. BARRAGA´ N, Mr. MCGOVERN, H.R. 918: Ms. ESTY of Connecticut. H.R. 2450: Mr. TIBERI. and Ms. MCCOLLUM. H.R. 986: Mr. VALADAO. H.R. 2465: Mr. KENNEDY, Mrs. NAPOLITANO, H.R. 3117: Mr. JOHNSON of Louisiana. H.R. 997: Mr. WITTMAN. Mr. RUSH, Ms. MATSUI, and Mr. COURTNEY. H.R. 3152: Mr. SCOTT of Virginia. H.R. 1002: Mr. BOST. H.R. 2472: Mr. SOTO, Mrs. MCMORRIS ROD- H.R. 3199: Mrs. DINGELL, Ms. CLARKE of H.R. 1057: Mrs. ROBY, Mr. HOLDING, and Mr. GERS, and Mr. KHANNA. New York, and Ms. JUDY CHU of California. ROTHFUS. H.R. 2478: Mr. MCHENRY. H.R. 3205: Mr. O’ROURKE.

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H.R. 3227: Ms. GABBARD. CLEAVER, Mr. BLUMENAUER, Mr. SEAN PAT- MCEACHIN, Mr. PASCRELL, Ms. SCHAKOWSKY, H.R. 3236: Mr. JOHNSON of Louisiana. RICK MALONEY of New York, Ms. ROYBAL- Mr. SCHNEIDER, Ms. VELA´ ZQUEZ, Mrs. WATSON H.R. 3261: Ms. STEFANIK. ALLARD, Mr. WELCH, Mr. LEWIS of Georgia, COLEMAN, Mr. WELCH, Mr. MCGOVERN, Ms. H.R. 3265: Mr. COOK. Mr. BUTTERFIELD, and Mr. THOMPSON of Cali- MOORE, Mr. SERRANO, Mr. SWALWELL of Cali- H.R. 3269: Ms. SLAUGHTER and Mr. PAS- fornia. fornia, Mrs. TORRES, Mr. BROWN of Maryland, CRELL. H.R. 3361: Mr. THOMPSON of California, Mr. Ms. KAPTUR, Mr. KHANNA, Mr. RICHMOND, Ms. H.R. 3274: Mr. BUCSHON, Mr. AMODEI, Mr. RUSH, and Ms. ESTY of Connecticut. ROYBAL-ALLARD, Ms. MAXINE WATERS of MOOLENAAR, Mr. BYRNE, Mr. DOGGETT, Mr. H.R. 3364: Mr. COHEN and Mr. SMITH of New California, and Mr. DEUTCH. KING of New York, Mr. COSTA, Mr. HOYER, Jersey. H. Res. 449: Ms. LEE. Mr. JOHNSON of Georgia, Ms. JACKSON LEE, H.J. Res. 113: Mr. CARBAJAL. H. Res. 456: Mr. BLUMENAUER. and Ms. KUSTER of New Hampshire. H. Con. Res. 28: Mr. FASO. H. Res. 457: Mr. RASKIN, Mrs. BUSTOS, Ms. H. Con. Res. 59: Ms. LOFGREN, Mr. H.R. 3282: Mr. STIVERS, Mr. LUCAS, Mr. TITUS, Mr. CONYERS, Mr. MOULTON, Ms. CRAWFORD, and Ms. ROYBAL-ALLARD. ALLEN, Mr. YOUNG of Iowa, and Mr. BORDALLO, and Ms. SHEA-PORTER. H. Con. Res. 70: Mr. ALLEN. LAMALFA. H. Res. 462: Mr. ALLEN. H. Con. Res. 72: Mr. COLE. H.R. 3284: Mrs. DEMINGS and Mr. KING of H. Res. 466: Mr. CLAY, Ms. HERRERA New York. H. Res. 31: Mr. ZELDIN. H. Res. 129: Mr. CRAWFORD. BEUTLER, Mr. MESSER, Mr. GALLEGO, and Mr. H.R. 3285: Mr. CURBELO of Florida. H. Res. 220: Mr. NORCROSS. FITZPATRICK. H.R. 3300: Ms. LOFGREN. H. Res. 257: Mr. DENT and Mrs. MURPHY of H.R. 3301: Mr. HOLDING. Florida. H.R. 3314: Mrs. NAPOLITANO, Mr. RASKIN, f H. Res. 279: Mr. DESANTIS. Mr. EVANS, and Ms. SCHAKOWSKY. H. Res. 311: Mr. ENGEL. H.R. 3316: Ms. ESTY of Connecticut, Mr. H. Res. 317: Mr. KILDEE. PETITIONS, ETC. KHANNA, and Ms. SLAUGHTER. H. Res. 327: Mr. KIND. Under clause 3 of rule XII, H.R. 3324: Mr. CONNOLLY. H. Res. 359: Mr. SMITH of New Jersey. H.R. 3329: Mr. FITZPATRICK. H. Res. 401: Ms. NORTON, Mr. SERRANO, Mr. 60. The SPEAKER presented a petition of H.R. 3330: Mr. LOUDERMILK and Mr. RASKIN, Mr. GUTI´ERREZ, Mr. THOMPSON of David Koehler, State Senator, 46th District, PITTENGER. California, Ms. BASS, Mr. SUOZZI, and Mr. Illinois, relative to Senate Resolution No. H.R. 3332: Mr. KIND, Ms. ESTY of Con- PETERS. 377, urging the Congress to adopt a farm bill necticut, Mr. MCGOVERN, Ms. PELOSI, Mr. H. Res. 422: Mr. CONNOLLY. that supports and promotes the development KENNEDY, Mr. KILMER, Mr. HOYER, Mr. H. Res. 433: Mr. ROKITA. of local and regional food systems; which SCHRADER, Mr. LIPINSKI, Mr. NEAL, Mr. H. Res. 446: Ms. JUDY CHU of California, Mr. was referred to the Committee on Agri- CRIST, Ms. DEGETTE, Ms. JACKSON LEE, Mr. EVANS, Mr. KRISHNAMOORTHI, Ms. LEE, Mr. culture.

VerDate Sep 11 2014 04:59 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.030 H25JYPT1 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, TUESDAY, JULY 25, 2017 No. 125 Senate The Senate met at 12 noon and was The bill clerk read as follows: appreciation to the administration for called to order by the President pro Motion to proceed to Calendar No. 175, its continued close work with us on tempore (Mr. HATCH). H.R. 2810, a bill to authorize appropriations this issue at every step of the way. f for fiscal year 2018 for military activities of From the President and Vice President the Department of Defense, for military con- to Secretary Price and Administrator PRAYER struction, and for defense activities of the Verma, as well as so many others, the Department of Energy, to prescribe military engagement we have seen has been im- The Chaplain, Dr. Barry C. Black, of- personnel strengths for such fiscal year, and fered the following prayer: for other purposes. portant to our efforts, and it has sent Let us pray. an unmistakable signal to the country The PRESIDENT pro tempore. The Our Father in Heaven, we sing of that this administration not only un- majority leader. Your steadfast love and proclaim Your derstands the pain middle-class fami- faithfulness to all generations. Make WELCOMING BACK SENATOR MCCAIN lies have felt under ObamaCare but is us one Nation, truly wise, with right- Mr. MCCONNELL. Mr. President, I actually committed to doing some- eousness exalting us in due season. wish to start this morning with a few thing about it. words about our friend and colleague Today, inspire our lawmakers to By now, we are all keenly aware of walk in the light of Your countenance. from Arizona, Senator MCCAIN, whom we will have an opportunity to wel- the pain ObamaCare has caused for lit- Abide with them so that Your wisdom erally millions of families. Premiums will influence each decision they make. come back today. As I noted last week, we all know have skyrocketed, doubling on average Lord, keep them from evil so that they in the vast majority of States on the will not be brought to grief, enabling Senator MCCAIN is a fighter. That is evidenced by his remarkable life of Federal exchange. Insurance options them to avoid the pitfalls that lead to have declined under ObamaCare, leav- ruin. Empower them to glorify You in public service, just as it is again evi- denced by his quick return to the Sen- ing many with as few as one or even all they say and do as You fill their zero insurers to choose from. Many hearts with thankful praise. May they ate this afternoon. I know he is eager to get back to work, and we are all Americans now face the real possibility never fail to acknowledge their total of having no options at all and could dependence upon You. very pleased to have him back with us today. find themselves trapped, forced by law We pray in Your Holy Name. Amen. to purchase ObamaCare insurance but HEALTHCARE f left by ObamaCare without any means Mr. President, on the vote we will PLEDGE OF ALLEGIANCE to do so. All the while, markets con- have today in a couple of hours, Sen- tinue to collapse under ObamaCare in The President pro tempore led the ators will have an important decision States across the country. Pledge of Allegiance, as follows: to make. Seven years after ObamaCare was imposed on our country, we will It is a troubling indication of what is I pledge allegiance to the Flag of the to come unless we act. Fortunately, United States of America, and to the Repub- vote on the critical first step to finally lic for which it stands, one nation under God, move beyond its failures. the American people have granted us indivisible, with liberty and justice for all. Many of us have made commitments the opportunity to do so. We finally have an administration that cares f to our constituents to provide relief from this failed leftwing experiment. about those suffering under RECOGNITION OF THE MAJORITY Now we have a real opportunity to ObamaCare’s failures and a President LEADER keep those commitments by voting to who will sign a law to actually do The PRESIDENT pro tempore. The begin debate and ultimately to send something about it. We have a House majority leader is recognized. smarter healthcare solutions to the that recently passed its own legislation to help address these problems. We f President’s desk for his signature. Just yesterday, the President reiterated his have a Senate with a great chance be- NATIONAL DEFENSE AUTHORIZA- intention to sign them. fore us to do our part now. TION ACT FOR FISCAL YEAR Yesterday, the administration re- If other Senators agree and join me 2018—MOTION TO PROCEED leased a statement urging all Senators in voting yes on the motion to proceed, Mr. MCCONNELL. Mr. President, I to vote in favor of the motion to pro- we can move one step closer to sending move to proceed to Calendar No. 175, ceed so that we can ‘‘move forward on legislation to the President for his sig- H.R. 2810. repealing ObamaCare and replacing it nature. I hope everyone will seize the The PRESIDENT pro tempore. The with true reforms that expand choice moment. I certainly will. Only then clerk will report the motion. and lower costs.’’ I wish to express my can we open up a robust debate process.

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

S4165

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VerDate Sep 11 2014 00:00 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.000 S25JYPT1 S4166 CONGRESSIONAL RECORD — SENATE July 25, 2017 Only then will Senators have the op- motion to proceed to the House Repub- work and all of the anguish that so portunity to offer additional ideas on lican healthcare bill. I will have more many of my colleagues on the other healthcare. to say on the matter prior to the vote. side of the aisle have shown in the last Inaction will do nothing to solve At the moment, no one knows the several weeks will be wasted because ObamaCare’s problems or bring relief plan that is being cooked up in the Re- they know darn well what is going to to those who need it. In fact, it will publican leader’s office, but it seems to happen when there is a conference. make things worse for our constituents be his intention to do whatever it There are no Democratic votes in the all across the country. takes to pass anything, no matter how House. The Freedom Caucus calls the I wish to reiterate what the Presi- small, to get the House and Senate Re- shots. They will either ask for full re- dent said yesterday: publicans into a conference on peal or something very close to it. Any senator who votes against starting de- healthcare. Make no mistake about it. A vote in bate is telling America that you are [just] Surprisingly, I have heard that my favor of the motion to proceed this fine with the ObamaCare nightmare. . . . friend, the junior Senator from Ken- afternoon will be a permission slip to That’s a position that even Democrats slash Medicaid, hurt millions, and give have found hard to defend. Remember Presi- tucky, will vote yes on the motion to dent Clinton called ObamaCare ‘‘the craziest proceed. He announced it himself. It is huge tax cuts for the wealthy—some- thing in the world’’ and a Democratic Gov- true he will likely get a vote on the thing the vast majority of Americans ernor said it’s ‘‘no longer affordable.’’ motion to repeal without replace, but in every State, a large percentage of You won’t hear me say this often, but surely he knows that will fail. Why Republicans and Trump voters, abhor. they are right. then would the junior Senator from One last plea to my colleagues: Do I hope colleagues will consider Kentucky—a man who has preached not fall for the ruse that the majority ObamaCare’s history of failures—the the repeal of the Affordable Care Act leader is putting together. We know unaffordable costs, the scarce choices, root and branch, a man who pros- what is going on. We all know. Our the burden on middle-class families—as elytized that Republicans should stop constituents will not be fooled—oh, no. they cast their vote this afternoon. I at nothing short of full repeal—why We on this side are not fooled—oh, no. urge them to remember the families would the junior Senator from Ken- I hope my colleagues who, out of com- who are hurting under this collapsing tucky vote on the motion to proceed passion and care for the people in their law. knowing he will not get what he wants? States, have made such a fuss up to Numerous Kentuckians, like so many It is because, I believe, he and some of now will not be fooled either. others across the Nation, have con- the others in this body know that if the COMMENTS OF THE PRESIDENT ON ATTORNEY GENERAL SESSIONS veyed their heartbreaking stories with Senate manages to pass something to Mr. President, in recent days, Presi- my office through phone calls, letters, get to conference in the House, the dent Trump has gone out of his way to meetings, and dozen of healthcare fo- likely compromise in the conference is undermine his own Attorney General, rums all across Kentucky. These fami- either a full repeal of the Affordable his first supporter—what has been re- lies are suffering under ObamaCare. Care Act or something close to it. It ported to be his best friend in the Sen- They need relief. I will be thinking will certainly mean drastic cuts in about them as I vote to proceed to the ate. He has tweeted scathing criticism Medicaid, huge tax cuts for the rich, no of Attorney General Sessions and chas- bill today. I know many other col- healthcare for those with preexisting leagues will do the same. tised him publicly for recusing himself conditions, and millions and millions from the Russia investigation and sev- Our constituents are hurting under losing healthcare, particularly in our ObamaCare. They are counting on us to eral other perceived failures, in the poorer and more brutal States. That is eyes of the President. do the right thing right now. That the only thing our Republicans have means voting to allow the Senate to fi- We should all take a moment to been able to agree on. think of how shocking these comments nally move beyond ObamaCare’s fail- The hard-right Freedom Caucus in ures. That is what I intend to do. That are on a human basis. This is the first the House would never accept a Repub- person who stuck his neck out for Don- is what I urge every colleague to do. lican bill that only repeals a few regu- We can do better than ObamaCare. ald Trump and who was with him lations in the ACA but leaves much of We have a responsibility to the Amer- through thick and thin. Now, even if it in place. No, they want full repeal, ican people to do that. Today’s vote to the President has disagreements with and, at minimum, deep cuts to Med- begin debate is the first step, and we him—which I think are ill-founded and icaid, huge tax breaks for the wealthy, should take it. self-centered and wrong—you don’t rid- Mr. President, I suggest the absence and millions in every State in this Na- icule him in public—someone who is of a quorum. tion losing their healthcare. your close friend. That speaks to char- The PRESIDENT pro tempore. The To my Republican friends who have acter. clerk will call the roll. repeatedly said that full repeal without But I would like to speak to the The bill clerk proceeded to call the replace would be a disaster and to my major issue before us, which is related. roll. Republican friends who have opposed It is clear that President Trump is try- Mr. MCCONNELL. Mr. President, I the deep and drastic cuts to Medicaid, ing to bully his own Attorney General ask unanimous consent that the order I say: Don’t be fooled by this ruse. A out of office. How can anyone draw a for the quorum call be rescinded. vote in favor of the motion to proceed different conclusion? If President The PRESIDING OFFICER (Mr. SUL- will mean deep cuts to Medicaid, Trump had serious criticisms of his At- LIVAN). Without objection, it is so or- maybe even deeper than in the House torney General, why not talk to him in dered. bill. It will mean people with pre- person? Why air his grievances so pub- ORDER OF PROCEDURE existing conditions will be left high licly? He wants him out. Here is the Mr. MCCONNELL. Mr. President, I and dry. It will mean huge tax breaks danger. Many Americans must be won- ask unanimous consent that following for the wealthiest of Americans. It will dering if the President is trying to pry my remarks, the Democratic leader be mean millions will lose their coverage. open the Office of Attorney General to recognized to use his leader time for up So with all the complaining, why are appoint someone during the August re- to 20 minutes; and that following his we here at this late moment? Because cess who will fire Special Counsel remarks, the Senator from Nebraska, even the House bill was too drastic for Mueller and shut down the Russia in- Mrs. FISCHER, be recognized to suggest many of the Members here, and it is vestigation. the absence of a quorum. now being ignored on this motion to First, let me state for the record The PRESIDING OFFICER. Is there proceed, and because we all know the now, before this scheme gains wings, objection? ruse that is going on. The ruse is this: that Democrats will never go along Without objection, it is so ordered. Send it back to the House; then, we with the recess appointment if that sit- RECOGNITION OF THE MINORITY LEADER will see what they send us. We know uation arises. We have some tools in The Democratic leader is recognized. what they will send us. We may not our toolbox to stymie such action. We HEALTHCARE know every detail. It will either be full are ready to use every single one of Mr. SCHUMER. Mr. President, in a repeal without replace or something them at any time, day or night. It is so few short hours, we will vote on the far too close to that, and all of the vital to the future of the Republic.

VerDate Sep 11 2014 00:00 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.002 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4167 Second, I cannot imagine that my into this new process, with Republicans is to come up with a proposal that is friends on the Republican side, particu- in the majority in both Chambers, the simply a means to repeal, a means to larly in the Republican leadership—my American people have not been treated dramatic cuts, a means to getting us in friend the majority leader, who I have to a high-minded debate or to much de- conference, and we all know what the great respect for, and Speaker RYAN— bate at all. result of that conference will be. would be complicit in creating a con- The very first action of this Congress I would plead one last time with my stitutional crisis. They must work was for the majority to pass reconcili- friends on the other side of the aisle— with us and not open the door to a con- ation instructions on healthcare—a and I know you have sincerely tried to stitutional crisis during the August re- process which has locked out Demo- modify and change things—to turn cess. crats from the very beginning. The back. We can go through regular order. SANCTIONS BILL very first thing this Republican Con- We want to work with you. We know Mr. President, on one last item, I gress said to the American people is that the ACA is not perfect, but we know there is a lot going on today, but that healthcare is going to be a par- also know that what you have proposed is much worse. We can work together I just want to mention one item from tisan project, undertaken by Repub- to improve healthcare in this country. the House of Representatives. Later, licans and Republicans alone. Right Turn back now before it is too late and the House is going to take up and, out of the gate, Democrats were locked millions and millions and millions of hopefully, pass with near unanimity a out. The majority leader elected to Americans are hurt so badly in ways sanctions bill that includes strong forge a bill in secret and bypass the from which they will never, ever re- sanctions against Russia, Iran, and committee process entirely—no public cover. North Korea. It is critical that the hearings, no open debate, no oppor- tunity for the minority to amend the I yield the floor. Senate act promptly on this legisla- The PRESIDING OFFICER. The ma- tion. bill or even to read it before it emerged from the leader’s office. Their plan all jority leader. I will work with the majority leader, Mr. MCCONNELL. Mr. President, 7 along was to keep their bill hidden for as I have in recent weeks, to ensure its years ago, Democrats imposed as long as possible, evade scrutiny, swift passage so we can get it to the ObamaCare on our country. They said hide the truth from the American peo- President’s desk before we leave for re- that costs would go down. Costs sky- ple, and then jam the bill through in cess. rocketed. They said that choice would the dead of night on a party line. Thank you, Mr. President. go up. Choice plummeted. Now Now, here we are, after so much I yield the floor. ObamaCare’s years-long lurch toward cloak-and-dagger legislating, about to The PRESIDING OFFICER. The Sen- total collapse is nearing a seemingly vote on proceeding to a debate on one ator from Nebraska. inevitable conclusion, and it will hurt of the most important issues of our Mrs. FISCHER. Mr. President, I sug- even more Americans on the way down. gest the absence of a quorum. time—one-sixth of the economy and This, my friends, is the ObamaCare The PRESIDING OFFICER. The tens of millions’ health and even lives status quo. This is the status quo. We clerk will call the roll. affected without knowing exactly what have had to accept it for a long time. The bill clerk proceeded to call the we will be debating on. Perhaps noth- We do not have to accept it any longer. roll. ing could sum up the process that has The American people elected a House Mrs. FISCHER. Mr. President, I ask gotten us here quite as well as this. with a vision of a better way on unanimous consent that the order for The best the majority leader has been healthcare. Then they elected a Sen- the quorum call be rescinded. able to cook up is a vague plan to do ate. Then they elected a President. whatever it takes to pass something— The PRESIDING OFFICER (Mr. KEN- Now, having been given the responsi- anything—to get the bill to a House NEDY). Without objection, it is so or- bility to govern, we have a duty to act. dered. and Senate conference on healthcare. The President is ready with his pen. My colleagues, plain and simple, it is The House has passed legislation. f a ruse. The likeliest result of a con- Today, it is the Senate’s turn. That RECESS ference between the House and Senate starts with a vote that we will take is the full repeal of the Affordable Care Mrs. FISCHER. Mr. President, I ask momentarily. The critical first step in Act or something very close to it. It unanimous consent that the Senate re- that process is the motion to proceed. will, certainly, mean drastic cuts in cess until 2:15 p.m. today for the week- It is the vote that determines whether Medicaid, huge tax cuts for the ly conference meetings. this debate can proceed at all, whether wealthy, no help for those with pre- There being no objection, the Senate, we will even take it up after four existing conditions, and tens of mil- at 12:32 p.m., recessed until 2:15 p.m. straight elections in which this was a lions losing healthcare, particularly in and reassembled when called to order huge commitment to the American poorer and more rural States. people. It is the vote that determines by the Presiding Officer (Mr. The hard-right Freedom Caucus in PORTMAN). whether the Senators of both parties the House would never accept a Repub- can offer their amendments and ideas f lican bill that only repeals a few regu- on healthcare. NATIONAL DEFENSE AUTHORIZA- lations in the ACA but leaves much in I told the people of my State, over TION ACT FOR FISCAL YEAR place. this period, that I would vote to move 2018—MOTION TO PROCEED—Con- I would say to my colleagues, par- beyond ObamaCare, and that is what I tinued ticularly those on the other side of the am going to do today by voting yes. I aisle who have heartfeltly fought hard ask all of my colleagues to join me in The PRESIDING OFFICER. The ma- for not cutting Medicaid drastically, doing so. We have already shown that jority leader. for keeping preexisting conditions, for it is possible to put legislation on the Mr. MCCONNELL. Mr. President, I not giving tax cuts to the rich while President’s desk that moves us beyond ask unanimous consent that the Demo- you are cutting healthcare for the ObamaCare and its years of failure. We cratic leader be recognized for 5 min- poor, do not go along with this motion did that 2 years ago. President Obama utes for debate only and that I then be to proceed, because you know and I vetoed what we passed before. Presi- recognized for 5 minutes. know what it will lead to. All of the dent Trump will sign what Congress The PRESIDING OFFICER. Is there things that you have been trying to passes this time. objection? avoid will emerge from that con- I thank the President and the admin- Without objection, it is so ordered. ference, and you will hurt the people of istration for all they have done on this The Democratic leader. your States dramatically. issue already. They have worked with HEALTHCARE We all know what is happening here. us every step of the way, and they, like Mr. SCHUMER. Mr. President, in a The leader could not get the votes on a us, know the consequences of failing to short time, we will vote on the motion full repeal because it is so damaging to act. to proceed to debate the House Repub- America. He could not get the votes Look, we cannot let this moment slip lican healthcare bill. Several months even on his own bill. Instead, the plan by. We cannot let it slip by. We have

VerDate Sep 11 2014 00:00 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.003 S25JYPT1 S4168 CONGRESSIONAL RECORD — SENATE July 25, 2017 been talking about this for too long. [Rollcall Vote No. 167 Leg.] here is the most important job I have We have wrestled with this issue. We YEAS—50 had in my life. I am so grateful to the have watched the consequences of the Alexander Flake Perdue people of Arizona for the privilege—for status quo. The people who sent us here Barrasso Gardner Portman the honor—of serving here and the op- expect us to begin this debate, to have Blunt Graham Risch portunities it gives me to play a small Boozman Grassley the courage to tackle the tough issues. Roberts role in the history of the country I Burr Hatch Rounds They did not send us here just to do the Capito Heller Rubio love. easy stuff. They expect us to tackle the Cassidy Hoeven Sasse I have known and admired men and Cochran Inhofe Scott women in the Senate who played much big problems. Obviously, we cannot get Corker Isakson Shelby an outcome if we do not start the de- Cornyn Johnson more than a small role in our history— Strange Cotton Kennedy true statesmen, giants of American bate, and that is what the motion to Sullivan proceed is all about. Crapo Lankford politics. They came from both parties Cruz Lee Thune Many of us on this side of the aisle Daines McCain Tillis and from various backgrounds. Their have waited for years for this oppor- Enzi McConnell Toomey ambitions were frequently in conflict. tunity and thought that it would prob- Ernst Moran Wicker They held different views on the issues Young ably never come. Some of us were a lit- Fischer Paul of the day. They often had very serious tle surprised by the election last year, NAYS—50 disagreements about how best to serve but with a surprise election comes Baldwin Gillibrand Murray the national interest. great opportunities to do things that Bennet Harris Nelson But they knew that however sharp Blumenthal Hassan Peters and heartfelt their disputes and how- we thought were never possible. All we Booker Heinrich Reed ever keen their ambitions, they had an have to do today is to have the courage Brown Heitkamp Sanders to begin the debate with an open Cantwell Hirono Schatz obligation to work collaboratively to amendment process and let the voting Cardin Kaine Schumer ensure the Senate discharged its con- Carper King Shaheen take us where it will. Casey Klobuchar stitutional responsibilities effectively. Stabenow Collins Leahy Our responsibilities are important—vi- That is what is before us, colleagues. Tester Coons Manchin Will we begin the debate on one of the Udall tally important—to the continued suc- Cortez Masto Markey cess of our Republic. Our arcane rules most important issues confronting Donnelly McCaskill Van Hollen America today? It is my hope that the Duckworth Menendez Warner and customs are deliberatively in- answer will be yes. Durbin Merkley Warren tended to require broad cooperation to Feinstein Murkowski Whitehouse function well at all. The most revered ORDER OF PROCEDURE Franken Murphy Wyden Mr. President, I ask unanimous con- Members of this institution accepted The VICE PRESIDENT. As a re- sent that, following the vote, Senator the necessity of compromise in order to minder to our guests, expressions of ap- make incremental progress on solving MCCAIN be recognized to speak for de- proval or disapproval are not per- bate only for up to 15 minutes and that America’s problems and to defend her mitted. the time not count on H.R. 1628. from her adversaries. On this vote, the yeas are 50, the That principled mindset and the serv- The PRESIDING OFFICER. Without nays are 50. The Senate being equally ice of our predecessors who possessed it objection, it is so ordered. divided, the Vice President votes in the come to mind when I hear the Senate f affirmative. referred to as the world’s greatest de- The motion is agreed to. liberative body. I am not sure we can AMERICAN HEALTH CARE ACT OF claim that distinction with a straight 2017—MOTION TO PROCEED f AMERICAN HEALTH CARE ACT OF face today. I am sure it wasn’t always Mr. MCCONNELL. Mr. President, I 2017 deserved in previous eras either. I am move to proceed to Calendar No. 120, sure there have been times when it H.R. 1628. The VICE PRESIDENT. The clerk was, and I was privileged to witness The PRESIDING OFFICER. The will report the bill. some of those occasions. clerk will report the motion. The legislative clerk read as follows: Our deliberations today, not just our The legislative clerk read as follows: A bill (H.R. 1628) to provide for reconcili- debates but the exercise of all our re- Motion to proceed to Calendar No. 120, ation pursuant to title II of the concurrent sponsibilities—authorizing government H.R. 1628, a bill to provide for reconciliation resolution on the budget for fiscal year 2017. policies, appropriating the funds to im- pursuant to title II of the concurrent resolu- The VICE PRESIDENT. The senior plement them, exercising our advice tion on the budget for fiscal year 2017. Senator from Arizona is recognized. and consent role—are often lively and Mr. MCCONNELL. Mr. President, I ROLE OF THE SENATE interesting. They can be sincere and ask for the yeas and nays. Mr. MCCAIN. Mr. President, I have principled, but they are more partisan, (Disturbance in the Visitors’ Gal- stood in this place many times and ad- more tribal more of the time than at leries.) dressed as ‘‘President’’ many Presiding any time I can remember. Our delibera- The PRESIDING OFFICER. The Ser- Officers. I have been so addressed when tions can still be important and useful, geant at Arms will restore order in the I have sat in that chair, and that is as but I think we would all agree they Chamber. The Sergeant at Arms will close as I will ever be to a Presidency. haven’t been overburdened by great- restore order in the Chamber, please. It is an honorific we are almost indif- ness lately. Right now, they aren’t pro- (Disturbance in the Visitors’ Gal- ferent too; isn’t it? In truth, presiding ducing much for the American people. leries.) over the Senate can be a nuisance, a Both sides have let this happen. Let’s The PRESIDING OFFICER. The Ser- bit of a ceremonial bore, and it is usu- leave the history of who shot first to geant at Arms will restore order in the ally relegated to the more junior Mem- the historians. I suspect they will find Chamber. bers of the majority. we all conspired in our decline, either The PRESIDING OFFICER. The But as I stand here today—looking a by deliberate actions or neglect. We question is on agreeing to the motion little worse for wear, I am sure—I have have all played some role in it. Cer- to proceed. a refreshed appreciation for the proto- tainly, I have. Sometimes, I have let Mr. MCCONNELL. Mr. President, I cols and customs of this body and for my passion rule my reason. Sometimes ask for the yeas and nays. the other 99 privileged souls who have I made it harder to find common The PRESIDING OFFICER. Is there a been elected to this Senate. ground because of something harsh I sufficient second? I have been a Member of the U.S. said to a colleague. Sometimes I want- There is a sufficient second. Senate for 30 years. I had another long, ed to win more for the sake of winning The clerk will call the roll. if not as long, career before I arrived than to achieve a contested policy. The senior assistant legislative clerk here, another profession that was pro- Incremental progress, compromises called the roll. foundly rewarding and in which I had that each side criticizes but also ac- The yeas and nays resulted—yeas 50, experiences and friendships that I re- cepts, and just plain muddling through nays 50, as follows: vere. Make no mistake, my service to chip away at problems and to keep

VerDate Sep 11 2014 00:00 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.006 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4169 our enemies from doing their worst have tried to do this by coming up with play a vital role in shaping and direct- aren’t glamorous or exciting. It doesn’t a proposal behind closed doors in con- ing the judiciary, the military, and the feel like a political triumph. It is usu- sultation with the administration, Cabinet; in planning and supporting ally the most we can expect from our then springing it on skeptical Mem- foreign and domestic policies. Our suc- system of government, operating in a bers, trying to convince them it is bet- cess in meeting all these awesome con- country as diverse, quarrelsome, and ter than nothing—that it is better than stitutional obligations depends upon free as ours. nothing—asking us to swallow our cooperation among ourselves. Considering the injustice and cruel- doubts and force it past a unified oppo- The success of the Senate is impor- ties inflicted by autocratic govern- sition. I don’t think that is going to tant to the continued success of Amer- ments and how corruptible human na- work in the end and probably ica. This country—this big, boisterous, ture can be, the problem-solving our shouldn’t. brawling, intemperate, restless, striv- system does make possible, the fitful The administration and congres- ing, daring, beautiful, bountiful, brave, progress it produces, and the liberty sional Democrats shouldn’t have forced good, and magnificent country—needs and justice it preserves, are a magnifi- through Congress, without any opposi- us to help it thrive. That responsibility cent achievement. tion support, a social and economic is more important than any of our per- Our system doesn’t depend on our no- change as massive as ObamaCare, and sonal interests or political affiliations. bility. It accounts for our imperfec- we shouldn’t do the same with ours. We are the servants of a great nation, tions and gives an order to our indi- Why don’t we try the old way of legis- ‘‘a . . . nation, conceived in Liberty, vidual strivings that has helped make lating in the Senate—the way our rules and dedicated to the proposition that ours the most powerful and prosperous and customs encourage us to act. If all men are created equal.’’ More peo- this process ends in failure, which society on Earth. It is our responsi- ple have lived free and prosperous lives seems likely, then let’s return to reg- bility to preserve that, even when it re- here than in any other Nation. We have ular order. Let the Health, Education, quires us to do something less satis- acquired unprecedented wealth and Labor, and Pensions Committee, under fying than winning, even when we must power because of our governing prin- Chairman ALEXANDER and Ranking give a little to get a little, even when ciples, and because our government de- Member MURRAY, hold hearings, try to our efforts managed just 3 yards in a report a bill out of committee with fended those principles. cloud of dust, while critics on both America has made a greater con- contributions from both sides—some- sides denounced us for timidity, for our tribution than any other nation to an thing that my dear friends on the other failure to triumph. international order that has liberated I hope we can again rely on humility, side of the aisle didn’t allow to happen 9 years ago. Let’s see if we can pass more people from tyranny and poverty on our need to cooperate, on our de- something that will be imperfect, full than ever before in history. We have pendence on each other to learn how to of compromises, and not very pleasing been the greatest example, the greatest trust each other again and, by so doing, to implacable partisans on either side supporter, and the greatest defender of better serve the people who elected us. but that might provide workable solu- that order. We aren’t afraid. We don’t Stop listening to the bombastic loud- tions to problems Americans are strug- covet other people’s land and wealth. mouths on the radio and television and gling with today. We don’t hide behind walls. We breach the internet. To hell with them. They What have we to lose by trying to them. We are a blessing to humanity. don’t want anything done for the pub- work together to find those solutions? What greater cause could we hope to lic good. Our incapacity is their liveli- We are not getting much done apart. I serve than helping keep America the hood. don’t think any of us feels very proud strong, aspiring, inspirational beacon Let’s trust each other. Let’s return of our incapacity. Merely preventing of liberty and defender of dignity of all to regular order. We have been spin- your political opponents from doing human beings and their right to free- ning our wheels on too many impor- what they want isn’t the most inspir- dom and equal justice? That is the tant issues because we keep trying to ing work. There is greater satisfaction cause that binds us and is so much find a way to win without help from in respecting our differences but not more powerful and worthy than the across the aisle. That is an approach letting them prevent agreements that small differences that divide us. that has been employed by both sides: don’t require abandonment of core What a great honor and extraor- mandating legislation from the top principles; agreements made in good dinary opportunity it is to serve in this down, without any support from the faith, that help improve lives and pro- body. It is a privilege to serve with all other side, with all the parliamentary tect the American people. The Senate of you. I mean it. Many of you have maneuvers it requires. We are getting is capable of that. We know that. We reached out in the last few days with nothing done, my friends. We are get- have seen it before. I have seen it hap- your concern and your prayers. It ting nothing done. pen many times. And the times when I means a lot to me. It really does. I All we have really done this year is was involved, even in a modest way have had so many people say such nice confirm Neil Gorsuch to the Supreme with working on a bipartisan response things about me recently that I think Court. Our healthcare insurance sys- to a national problem or threat, are some of you must have me confused tem is a mess. We all know it, those the proudest moments of my career with someone else. I appreciate it, who support ObamaCare and those who and by far the most satisfying. though, every word, even if much of it oppose it. Something has to be done. This place is important. The work we isn’t deserved. We Republicans have looked for a way do is important. Our strange rules and I will be here for a few days—I hope to end it and replace it with something seemingly eccentric practices that managing the floor debate on the De- else without paying a terrible political slow our proceedings and insist on our fense authorization bill, which I am price. We haven’t found it yet. I am not cooperation are important. Our Found- proud to say is again a product of bi- sure we will. All we have managed to ers envisioned the Senate as the more partisan cooperation and trust among do is make more popular a policy that deliberative, careful body that operates the members of the Senate Armed wasn’t very popular when we started at a greater distance than the other Services Committee. After that, I am trying to get rid of it. I voted for the body from the public passions of the going home for a while to treat my ill- motion to proceed to allow debate to hour. We are an important check on ness. I have every intention of return- continue and amendments to be of- the powers of the Executive. Our con- ing here and giving many of you cause fered. sent is necessary for the President to to regret all the nice things you said I will not vote for this bill as it is appoint jurists and powerful govern- about me, and I hope to impress on you today. It is a shell of a bill right now. ment officials and, in many respects, to again that it is an honor to serve the We all know that. I have changes urged conduct foreign policy. Whether or not American people in your company. by my State’s Governor that will have we are of the same party, we are not Thank you, fellow Senators. to be included to earn my support for the President’s subordinates, we are Mr. President, I yield the floor. final passage of any bill. I know many his equal. (Applause, Senators rising.) of you will have to see the bill changed As his responsibilities are onerous, The PRESIDING OFFICER (Mr. substantially for you to support it. We many, and powerful, so are ours. We HOEVEN).

VerDate Sep 11 2014 00:00 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.008 S25JYPT1 S4170 CONGRESSIONAL RECORD — SENATE July 25, 2017 The majority leader. The bill clerk proceeded to call the If we are really serious about want- AMENDMENT NO. 267 roll. ing to fix the situation, if our brothers (Purpose: Of a perfecting nature.) Mr. NELSON. Mr. President, I ask and sisters on the other side of the Mr. MCCONNELL. Mr. President, I unanimous consent that the order for aisle are not successful in proceeding call up amendment No. 267. the quorum call be rescinded. with what the majority leader is going The PRESIDING OFFICER. The The PRESIDING OFFICER. Without to be coming forth with, if that is clerk will report. objection, it is so ordered. voted down, and if we are serious about The legislative clerk read as follows: WELCOMING BACK SENATOR MCCAIN it, take what is left, which is the exist- Mr. NELSON. Mr. President, I am so The Senator from Kentucky [Mr. MCCON- ing law—the Affordable Care Act—and NELL] proposes an amendment numbered 267. encouraged by the words of our dear fix it. friend and fellow Senator, Mr. JOHN Mr. MCCONNELL. Mr. President, I Senator COLLINS, a former insurance MCCAIN. commissioner, appointed in the State ask unanimous consent that the read- First of all, I am so encouraged by ing of the amendment be dispensed of Maine, and this Senator, a former seeing that fighting spirit of JOHN elected insurance commissioner in the with. MCCAIN and so glad to see him back. In Mrs. MURRAY. Mr. President, I ob- State of Florida, are already working the midst of everything he is facing, on a reinsurance fund which would in- ject. that he would come and insert himself The PRESIDING OFFICER. Objec- sure the insurance companies against to give us some considerable words of catastrophe. I asked for this to be tion is heard. wisdom—it was such an enormous, The clerk will read the amendment. costed out in the State of Florida. This emotional experience when JOHN The legislative clerk continued with fix would lower premiums 13 percent in walked in. Then, to have all of us seat- the State of Florida. the reading of the amendment. ed here because of the vote that was (Disturbance in the Visitors’ Gal- In the words of Senator MCCAIN, if we occurring—and not a Senator left after really want to get together and fix the leries.) the vote was concluded because we The PRESIDING OFFICER. The Ser- problems, we can. Yet, in the midst of wanted to hear from JOHN and did so geant at Arms will restore order in the hearing from constituents all around willingly. His eloquent words about the country who have shared their per- Gallery. how we all need to come together and (Disturbance in the Visitors’ Gal- sonal stories about how the existing stop being driven apart by partisan law has helped, we are in the par- leries.) reasons were timely, and they were The PRESIDING OFFICER (Mr. liamentary position we are in, where well received. we will proceed on trying to repeal STRANGE). The Sergeant at Arms will Mr. President, this Senator never what is the existing law. restore order in the Gallery. thought we would see a vote to advance The clerk will continue. For some people, they don’t care a bill which, to so many, feels as about the politics. As a matter of fact, The legislative clerk continued with though it is going to harm so many of for a lot of people, they don’t care the reading of the amendment. our fellow Americans. Obviously, we about the politics. They just want ac- (The amendment is printed in today’s can disagree on specifics, but we have cess to healthcare. They want what is RECORD under ‘‘Text of Amendments.’’) seen that particular expression of opin- genuinely described as health insur- The PRESIDING OFFICER. Who ion of harm over and over. We have ance—whether it is a Medicaid type of yields time? seen it in the coverage of the townhall insurance or whether it is an actual If no one yields time, time will be meetings, where people stand up and policy through a private insurance charged equally. say: If I didn’t have this healthcare, I company offered on the health ex- The Senator from Wyoming. would be dead. Mr. ENZI. Mr. President, I ask unani- This Senator has seen it in Florida changes in the States or whether it is mous consent that, for the duration of over and over, as I have had people the guarantees of the coverage in an the Senate’s consideration of H.R. 1628, come up to me wherever I am—in a individual policy that they might buy, the majority and Democratic managers meeting, on the street corner, in the they just want healthcare. That is the of the bill, while seated or standing at airport, wherever—and say: Senator, reason you have health insurance in the managers’ desks, be permitted to please don’t let them take my the first place. deliver floor remarks, retrieve, review, healthcare away from me. Now, I have heard some fixes say: Oh, and edit documents and send email and Indeed, when people explained their let’s cut back on Medicaid, which, re- other data communications from text particular circumstances, four dif- member, is spread over millions and displayed on wireless personal digital ferent families—one family, if they did millions of people, just like Medicare is assistant devices and tablet devices. not have the waiver on Medicaid, in- spread over millions and millions of The PRESIDING OFFICER. Without deed, that fellow would not only not be people. The difference there is age. If objection, it is so ordered. alive, but even if he were alive, he you are 65, you are eligible for Medi- Mr. ENZI. Mr. President, I ask unani- would be in an institution instead of care. mous consent that the use of calcula- being able to be cared for or three There are some people we overlook in tors be permitted on the floor during other families who brought forth testi- the system who depend on Medicaid. the consideration of H.R. 1628. monies about how the Affordable Care How about veterans? Veterans’ The PRESIDING OFFICER. Without Act has given them insurance they had healthcare has been taken care of while objection, it is so ordered. never been able to get before. It was at on Active Duty in the U.S. military. Mr. ENZI. Mr. President, what is the a price they could afford and involved Then their healthcare is transferred to regular order with respect to the pend- coverage they never could have had. the Veterans’ Administration, but ing amendment? In other cases, people had preexisting there are a lot of veterans who are not The PRESIDING OFFICER. It is 2 conditions. This Senator, as a former getting their healthcare through the hours equally divided. elected insurance commissioner of VA. They get their healthcare through Mr. ENZI. Thank you, Mr. President. Florida, has seen insurance companies Medicaid. If you start cutting back on I suggest the absence of a quorum refuse to insure people because they Medicaid, which are the versions of the and ask unanimous consent that the had a preexisting condition. If you had so-called replace bills we have seen—if time be equally divided. asthma, that was a preexisting condi- you start cutting back on Medicaid and The PRESIDING OFFICER. Is there tion; if you had a bad rash, that was a make a capped program or a block objection? preexisting condition, and they were grant program, we already know the Mrs. MURRAY. Objection. not going to insure you. Also, insur- figures. It has been costed out by the The PRESIDING OFFICER. Objec- ance policies never had the guarantee CBO. The figures tell us it is close to tion is heard. of lifetime coverage but instead the an $800 billion cut over a decade. When Mr. ENZI. Mr. President, I suggest policy said you had lifetime caps. you start doing that, the people who the absence of a quorum. There was a dollar figure which, if you rely on Medicaid at the edges, like The PRESIDING OFFICER. The exceeded it, the insurance policy was some poor people or like seniors in clerk will call the roll. not going to cover any more. nursing homes—by the way, in my

VerDate Sep 11 2014 00:00 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.009 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4171 State, 65 to 70 percent of the seniors in publicans want to repeal and replace promise. These people tend to claim nursing homes are on Medicaid, and ObamaCare? that even the most embarrassing legis- some of those veterans I told you about I don’t want to belittle or discredit lative losses are victories, so long as are not on VA healthcare but Medicaid. the concerns some of my colleagues they can say that they went down How about some of the children’s pro- have raised about the various legisla- swinging. grams on Medicaid? If you start cut- tive proposals that are out there. How- Now, don’t get me wrong; speaking in ting that back to the tune of about $800 ever, we won’t be voting on any par- terms of advocating good policy I have billion over a decade, you are going to ticular policy or proposal. never been one to back down from a knock out a lot of these people. That is On the contrary, the vote was simply fight. In fact, I have battled some of not something we want to do. That is to determine whether the Senate is ac- the most revered and admired Senators why, when explained, you have such tually going to consider the budget rec- in our Nation’s history right here on low numbers who support what is being onciliation bill. Members were not vot- the Senate floor. attempted as a replacement if you re- ing for or against any particular One reason I think I have developed a peal the Affordable Care Act. We healthcare proposal; they were simply reputation as an effective legislator is should be focused on working together voting on whether the Senate will ac- I don’t believe that fighting for a cause to improve the Affordable Care Act, tually debate any such measure. is an end unto itself. Fights are only not to make it worse. That being the case, the vote was a meaningful if there is an objective in I pretty much have said it all. The simple one. Anyone who supports the mind. While I am no mathematician, I bills we have seen coming forth as re- larger effort to repeal and replace believe getting 60, 70, or 80 percent of placements change the age ratio from ObamaCare should be willing to at what you want out of a bill is better the existing law, the Affordable Care least debate the various proposals that than getting nothing, even if, on the Act, of 3 to 1 in the healthcare ex- have been put forward. way to getting nothing, you have changes so you can charge an older per- That is the very definition of a no- fought a valiant fight for that perfect— son three times as much as a young, brainer. yet ultimately unattainable—outcome. healthy individual—not in the replace- The final pieces of ObamaCare were The fight to repeal ObamaCare, at ment bills we see coming up. It is 5 to signed into law in March 2010, more least from where I have been standing, 1. What does that mean? That means than 7 years ago. Since then, the law has always had an objective in mind. for those older Americans, before they has been one of the key focal points of That objective, of course, has been to turn 65 and become eligible for Medi- legislative and political debate and dis- actually repeal ObamaCare. care, they are going to be paying more course nationwide. Very few topics in We have fought for that objective for for their insurance premiums. Is that our Nation’s history have been the sub- more than 7 years. Now, we find our- what we want to do? I don’t think so. ject of more public debate and fierce selves on the cusp of being able to take You cannot ignore these facts. I ask disagreement. major steps toward that larger goal. those who come forth with these re- After all this time, one thing is very No, we don’t have a perfect bill to placements, why in the world do you do clear: ObamaCare has failed the Amer- vote on. However, the fact remains this? Why do you support a bill that ican people. that we are close to being able to pass will hurt so many Americans, which The vast majority of Americans are legislation that would accomplish the has been demonstrated over and over? dissatisfied with the healthcare status majority of our goals and keep most of Why do you support a bill that will quo. These people want answers from the promises we have all made to re- hurt so many of your constituents that Congress that will bring down their peal and replace ObamaCare. your constituents cry out to you, healthcare costs, reduce their tax bur- Before we can do any of that, we need please, don’t do this? And they give dens, and put them back in charge of to at least get a chance to consider and personal testimonies. their own healthcare. For more than 7 debate the matter on the floor. That is I urge our colleagues, after the emo- years now, virtually every Republican what this afternoon’s vote was to de- tional appeal of Senator MCCAIN, to do in Congress has been promising to pro- termine: whether we are committed things in a bipartisan way. Take a mo- vide those solutions. enough to this effort to at least take ment, reflect on what your constitu- We have never been closer to making that step. ents have said—not just some of your good on those promises than we are I remind my Republican colleagues constituents. Listen to all of your con- right now with a Republican President that, when the ObamaCare reconcili- stituents and ask yourself, are you ready to take action to support con- ation bill was brought up for debate in doing the right thing? gressional efforts to repeal and replace 2010, all of our friends on the other Let’s improve our Nation’s this unworkable law. side, who were present at the time, ex- healthcare system. Let’s not make it Make no mistake, none of the major cept for one Member, voted in favor of worse. Let’s do it in the spirit of the proposals that have been put forward the motion to proceed. They supported uplifting words of Senator MCCAIN and are perfect. In fact, in my personal their leader. Leader MCCONNELL is what he said: Let’s do it together in a view, they are all far from perfect. But, owed the same loyalty. bipartisan way. at the end of the day, any bill—particu- Any Senator who has fought with us I yield the floor. larly a bill as wide and sweeping as one to undo the damage caused by Mr. HATCH. Mr. President, I rise that addresses a large portion of our ObamaCare should be willing, at the today to once again remind my Senate healthcare system—that is ‘‘perfect’’ in very, very least, to take that step and colleagues what is at stake with the the eyes of one Senator is likely fatally allow the floor debate to actually hap- procedural vote that took place today. flawed in the eyes of 99 others. pen. The Senate voted on the motion to Translation: When it comes to legis- I hope we all will. Toward that end, I proceed to the House-passed budget lating successfully, the word ‘‘perfect’’ urged my colleagues to vote in favor of reconciliation bill. The Senate will shouldn’t be in anyone’s vocabulary. the motion to proceed to the House- now start working in earnest to con- Like any aspect of governing, draft- passed reconciliation bill to allow the sider and, hopefully, pass legislation ing and passing important legislation Senate to begin debate on repealing that would repeal and replace is about compromise and and replacing ObamaCare. ObamaCare with a 2-year transition pe- prioritization. It is about recognizing The PRESIDING OFFICER. Who riod, or other, specific replacement which fights need to be fought now and yields time? policies. which ones can wait for another day. If no one yields time, time will be That is a complicated undertaking to I have been here a while. In that charged equally to both sides. say the least. However, the first vote time, I have noticed a few things. The PRESIDING OFFICER. The as- on the motion to proceed was rel- Some who are elected to this Cham- sistant Democratic leader. atively simple. While pundits and talk- ber would rather fight the good ideo- Mr. DURBIN. Thank you, Mr. Presi- ing heads have already analyzed this logical fight for legislative purity than dent. particular vote to death, all of the talk get the majority of what they want— History was made on the floor of the boils down to a single question: Do Re- but not everything—through com- Senate Chamber today. I don’t think it

VerDate Sep 11 2014 02:41 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.012 S25JYPT1 S4172 CONGRESSIONAL RECORD — SENATE July 25, 2017 has ever happened before. Think about us race for the doors and go up to our and they sat for I don’t know how this: 50 out of 100 Senators came to the offices and watch on television and long—months, weeks—and wrote a bill. floor with the Vice President of the may catch a piece of this speech and a One of them I mentioned earlier was United States and voted to begin de- piece of the other speech, but we sat ultimately rejected by the Republicans bate on a bill they have never seen—a and listened because of our respect for themselves. JOHN MCCAIN challenged us bill they have never seen—because we JOHN MCCAIN. and said: For goodness’ sake. He has don’t know what the Republicans are He is my friend. We came from the been in the Senate—and I have too— going to offer as the alternative to the House of Representatives together during a time when it was much dif- Affordable Care Act. many years ago. I served with him in ferent. He really begged us, pleaded, There have been a lot of different the Senate when we put together a bi- and urged us to get back to that time versions. Technically, the one that is partisan group to rewrite the immigra- when we worked together on a bipar- before us now is the version that tion laws for America—four Demo- tisan basis to solve problems. JOHN passed the House of Representatives, crats, four Republicans. I sat across MCCAIN was right. I did not agree with but I think the Republican leader, Sen- the table with JOHN for months. We his vote to put us in this position we ator MCCONNELL, has known from the went back and forth through all the are in at this moment, but I was en- beginning that has no chance whatso- provisions on immigration. JOHN even couraged by the way he closed. He ever. So many Republicans have taken conceded today that he has an inter- turned to Senator MCCONNELL, who a look at what the House passed and esting temper. There were days when was sitting right there, and said to said: We can’t vote for that. You have JOHN MCCAIN was Mount Vesuvius, just him: Do not count on my vote on final to give us something different. The exploding in every direction, and you passage. I want to see what we do in problem the Senate Republicans ran had to step back. And there were days this bill. I want to see how we debate into is that they couldn’t come up with when he smothered you with kindness. this bill. anything better. That is the way he is. We love him for One Republican Senator like JOHN They tried. They wrote several dif- it. MCCAIN can make the difference as to ferent versions, and every time they He came today to give a speech that whether this process stops and a real would write a version of the new Af- every American should read if you bipartisan process starts. Isn’t that fordable Care Act, it got worse for the want to understand how a Democratic what the American people expect of us? American people, and here is what I Senator can stand on the floor and give Seated in the Chair, the Presiding Of- mean. Under one proposal for the Re- compliments and praise to a Repub- ficer, is a brandnew Senator from the publicans—not the one before us, but lican Senator, which I am about to do. State of Alabama. the Senate Republicans—1 million peo- Senator MCCAIN said that we have to Welcome, Senator STRANGE. ple in my home State of Illinois would do something about this country of He comes here because Senator Ses- have lost their health insurance. There ours—the political divisions. I will not sions went on to become the Attorney are 12.5 million people in Illinois, and 1 get the words perfectly, but he said to General. He has seen the Senate for a million would have lost their health in- us: Will you please start ignoring these couple of months or 3 months, maybe— surance because of dramatic cutbacks radio and TV and internet talking 5 months now—and I am sure he has his in Medicaid and cutbacks in the pre- heads who want us to fail and make a impressions of this body. They may be mium support that is given to a lot of living by laughing at us? Will you ig- different than what he thought about working families to buy regular health nore those people? Instead, look to it before he was elected. Yet I can tell insurance in the health insurance mar- what this institution, the U.S. Senate, him for sure that this is a much dif- ket. is all about and what we should be ferent Senate than the one PATTY MUR- It was so terrible that every time Re- doing to solve the problems for the peo- RAY was elected to, that it is much dif- publicans came up with a Senate pro- ple we represent. ferent than the one I was elected to. posal, two or two of them would an- JOHN MCCAIN went on to say: Why Even for MIKE ENZI, my friend from nounce: Can’t buy it, won’t vote for don’t we have debates on the floor of Wyoming, it is much different than the it—and ran away from it. the Senate anymore? one he saw. So Senator MCCONNELL came to the Do you know what? He is right. We I see my colleague here, Senator floor today and said: I am begging you, are 7 months into this year’s Senate SCHATZ, from Hawaii. just vote to open debate on a bill that session. We have not had one bill on How long have you been here now, I haven’t written yet, and 50 Repub- the floor of the Senate that we have de- BRIAN? lican Senators did, and the Vice Presi- bated and amended—not one. This is a Mr. SCHATZ. Four-and-a-half years. dent broke the tie, the 50-to-50 tie to first, and it is in this kind of con- Mr. DURBIN. Four-and-a-half years. move forward, and here we are. voluted reconciliation process where He is a newbie, and he has not seen Let me start by tossing flowers—and you speed up the amendments. the Senate I am describing. this will probably get them in trou- Think about this. We are amending Can you believe there was a time in ble—to two Republican Senators, your healthcare policy that affects you the Senate when we would bring an im- SUSAN COLLINS of Maine and LISA MUR- and your family. We are amending how portant measure to the floor on many KOWSKI of Alaska. They were the only you will buy health insurance as an in- different issues, and Members would two Republican Senators who had the dividual and how your company will come to the floor—I am not making courage to stand up and say: This is buy health insurance for you. We are this up—and actually hand an amend- wrong. We shouldn’t do this to the amending, basically, whether your in- ment to the clerk and say: I would like American people. They are the only surance policy is going to protect your to offer an amendment to the bill. two who are willing to say that we family or not. Listen to how it works. Then we would debate it, and then we should have done this differently. People propose an amendment, and would vote on it. Sometimes you won, There is an interesting thing that then we debate it. Do you know how sometimes you lost, and you moved on happened at the end of this. At the long we debate it? We debate it for 1 to the next amendment. That actually very last moment, the very last vote minute on both sides. Disgraceful. happened on the Senate floor. For the that was cast was cast by Senator JOHN JOHN MCCAIN called us on it today and people who are new to the Senate, I am MCCAIN. Everybody knows JOHN has asked: Why have we reached this point sure they do not believe me, but it did been diagnosed with a serious form of when an issue this important is going happen over and over and over. We had cancer. He made it back from Arizona through a process that is totally par- a healthy respect for one another. The here to cast his vote, and he asked for tisan? amendments went back and forth, and 15 minutes after the rollcall to make a You see, the Republicans decided we ended up seeing bills passed that speech. I don’t think many, if any, Sen- early on that they were not going to made a difference in America. ators left the Chamber. Democrats and invite us to the party; that they were What we are doing now is a disgrace Republicans stuck around to hear his going to write this healthcare bill by to this institution, and it does not speech after the vote. Can I tell you themselves, in secret. Senator MCCON- honor the Senate, its Members, or our that is unusual in the Senate? Most of NELL picked 13 Republican Senators, Constitution when what is at stake is

VerDate Sep 11 2014 06:27 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.015 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4173 so important. In looking at some of the dents are paid for by Medicaid. You is being the Senate again with regular provisions that have been brought be- may not know that for disabled people, order, which means taking the measure fore us in the Senate’s Republican re- Medicaid is their health insurance. to the HELP Committee. Senator MUR- peal bills to repeal the Affordable Care Many of them have no place else to RAY, of Washington, is the ranking Act, I do not know how they can do it. turn. Democrat. Senator LAMAR ALEXANDER I do not know how Senators could go I mentioned on the floor before that is the chairman from Tennessee. I re- home and say in their home States: A a mother in Champaign, IL, with an spect him and like him a lot. The two million of you are going to lose your autistic child, said: Senator, if it were of them ought to have hearings on a health insurance because of something not for Medicaid, my son would have to bill to change the affordable care sys- I just voted for. go into an institution. I couldn’t afford tem and make it work better, bring Health insurance means a lot to me it. down the cost of premiums, and expand personally. I have said it on the floor. Medicaid is his health insurance. health insurance coverage. I think that There was a time in my life when I was I have not touched the most expen- is what we should be all about. a brandnew law student and was mar- sive part of Medicaid of which you may Now, there is a basic difference in ried. God sent me and my wife this not know, which is that two out of philosophy here. I will close with this, beautiful little baby. She had some three people in nursing homes depend but this is what drives us. Answer the health issues, and we had no health in- on Medicaid to get basic medical care. following question, and I can tell you surance, as I was a law student. We Medicare is not enough. They need the how you are going to vote on this bill: ended up sitting in the charity ward of help of Medicaid. So if it is Mom or Do you believe healthcare is a right a local hospital here in Washington, Dad or Grandma or Grandpa who is in for every American or do you believe it hoping our baby girl would have a a nursing home, two out of three of is a privilege; that if you have enough good, talented, capable doctor walk them depend on Medicaid. money and you are lucky enough, you through the door and see her. I was not The Republican bill to replace the can get it, and if you don’t, you go sure because I did not have health in- Affordable Care Act says we are going without. surance. I will never forget that as long to cut the spending on Medicaid, that If you answer the question that it is as I live, and I thought to myself that 25 to 35 percent will be cut. That is why a right, that it should be a right in it will never happen to me again. I am Governors of both political parties America, then you have to reject this going to have health insurance no mat- have screamed bloody murder: You approach. You cannot take helpless ter what it takes. It meant that much cannot do that. You are cutting the people, some of whom are working hard to me, and it means that much to ev- Federal contribution to Medicaid in in two and three jobs at a time and who erybody. our States. Who is going to pay for have no healthcare benefits, and say to There is not a single one of us who that baby? Who is going to pay for the them: Sorry. Our system will not take does not want the peace of mind of mom? Who is going to pay the school care of you. knowing that if we get sick or if some- district? Who is going to pay for the One last point. The irony of that is one we love gets sick, he will have ac- disabled? Who will take care of the that if you do not give people health cess to good hospitals and good doc- folks in nursing homes? insurance, if you do not give them pro- tors. That is what health insurance is Why did they make that deep of a cut tection, they still get sick, they still all about. As the Republican proposals in Medicaid—a program that is so im- go to the hospital, and they still get eliminate health insurance for 60 mil- portant to so many people? There is care. What happens to the bills they lion, 20 million, 30 million Americans, the tough part. That deep of a cut was cannot pay? Everybody else pays them. you ask yourself: How can you do that made in Medicaid so Republicans, in Before the Affordable Care Act, each of to this country? their healthcare proposal, could in- us paid $1,000 a year in premiums just The cuts they make in Medicaid have clude a tax break for the wealthiest to cover for the people who could not really educated America about Med- people in America, for health insurance afford health insurance. icaid. People know about Social Secu- companies, and—get this—for pharma- We think there is a better way. We rity. They know what that is all about. ceutical companies. To give them tax think Americans should have access to We all pay into it and wait to receive breaks, they had to cut Medicaid cov- affordable health insurance across the our Social Security checks when we erage for all of the people whom I just board, and we think we can achieve reach that age. They also know about described. that if we work together on a bipar- Medicare. You have to be 65 years of Is it any wonder that many Repub- tisan basis. So I hope one more Repub- age. It is pretty good coverage, isn’t it? licans backed away from this? Senator lican Senator will join Senators COL- The ones who receive it think it is a HELLER, of Nevada, talked to Governor LINS and MURKOWSKI and bring us back pretty good deal to have Medicare cov- Sandoval—both Republicans—and said to what JOHN MCCAIN described on the erage when they reach the age of 65, he could not support an early version floor today to the Senate—of having a but Medicaid was one of those mystery of the bill because of the deep cuts in real debate about real issues and really programs. People were not sure. What Medicaid. caring about the American people. does it do? The Medicaid Program in If this is supposed to be an improve- I yield the floor. America does the following: ment over the Affordable Care Act, The PRESIDING OFFICER. The Sen- In Illinois, that program takes care which part of it is an improvement? Is ator from Ohio. of half of the new mothers and their it in cutting Medicaid coverage for all Mr. BROWN. Mr. President, I ask babies. Half of them are paid for by of those people, saying that your unanimous consent that after my re- Medicaid—prenatal care to make sure health insurance policy does not have marks, the senior Senator from Hawaii the baby is healthy, the delivery of the to cover people with preexisting condi- be recognized. baby. Afterward, the mom and baby are tions, raising the cost of healthcare The PRESIDING OFFICER. Without taken care of, paid for by Medicaid. premiums, particularly for people be- objection, it is so ordered. This is one out of every two births in tween the ages of 50 and 64, eliminating Mr. BROWN. Mr. President, what is Illinois. health insurance for millions? Is that happening today on the Senate floor is Medicaid also sends provisions— an improvement over the current sys- outrageous. I still cannot quite believe money—to your local school districts. I tem? It is not. It is a disaster. my colleagues as their staff members will bet you did not know that. If your The question is, By the end of this stood behind them in the Senate Cham- local school district has a special edu- debate, after we have gone through this ber to my right. All of them have cation program—and virtually all of crazy process of voting up and down health insurance that is paid for by them do—they receive Medicaid to pay quickly and with very little debate, taxpayers. All of us—all of them, all of for some basics. It pays for counselors will one more Republican Senator the staff, all of the Senators, all of the for special ed students. Sometimes stand up and say unacceptable? Two of House Members—have insurance paid transportation in a local school dis- them have. If one more will join them, for by taxpayers. Yet they would come trict in downstate Illinois or feeding then we can get down to the real busi- to the Senate floor with their votes en- tubes for some severely disabled stu- ness we should face. The real business trusted to them and given to them by

VerDate Sep 11 2014 02:41 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.016 S25JYPT1 S4174 CONGRESSIONAL RECORD — SENATE July 25, 2017 the voting public in their districts and ance next year, and premiums will go hung out; that is where the insurance their States. All of them have health up 20 percent. Professionals hold these company lobbyists hung out; that is insurance that is paid for by the tax- jobs. They are people who are not Re- where the Wall Street lobbyists hung payers, and they would vote to take in- publicans, who are not Democrats, who out and a small number of Senators, surance away from hundreds of thou- are just like the Parliamentarian, who and then they slammed the door shut. sands of people in my State and in is not aligned with either party. The That is how they wrote this bill. The Washington and in Wyoming and in Congressional Budget Office is just like Presiding Officer knows this from his Alabama and in Hawaii. that. constituents in Florida. The drug com- Millions of people around the coun- Again, think about that. Think of the panies wrote the bill. The insurance try, most of whom have jobs—people Members of the Senate. Think of the companies wrote the bill. Wall Street who are working $8-, $10-, $12-, $15-an- Senate’s staff who line up along this wrote the bill. And, alas, the bill: tax hour jobs—are not as well paid as the wall during floor sessions. All of us cuts for insurance companies and tax staff who stand behind us as these floor have insurance. Yet we are going to cuts for the drug companies. The 400 sessions go on, and they would take in- take it away. According to this plan richest families in America—many of surance away from people like them. I behind door No. 1, we are going to take them contribute huge numbers of dol- am still just incredulous that that it away from 18 million Americans. lars, with lots of zeroes on them, to my would have happened. This bill affects There would be less coverage, and pre- Republican colleagues who voted for all of our constituents. It would upend miums would go up 20 percent—higher this bill. The 400 richest families in one-fifth of the American economy. costs. By the end of this decade, 32 mil- America will get—under this McCon- Yet the people whom we serve have no lion Americans—that is like 1 out of 10 nell door No. 2, there are not just high- idea what is in this bill. We really do Americans—who currently have insur- er costs with less coverage for the pub- not know what is in it. ance would be without health coverage lic, but 400 families will average a $7 Over the weekend, people said Sen- and premiums would double. So 32 mil- million tax cut for each of the next 10 ator MCCONNELL was going to bring us lion people lose their insurance within years. Four hundred families will get a all to the floor on Tuesday to vote on the decade and premiums double. $7 million tax cut for each of the next the healthcare law. This is the law to Let’s talk about Barbara. Barbara, 10 years. repeal the Affordable Care Act. I was whom I met in Toledo just recently, is The McConnell plan would increase part of writing the Affordable Care Act 63. She is not old enough for Medicare; healthcare costs for working families. as a member of the Health, Education, she relies on the healthcare exchanges. We know that. They would slap on Labor, and Pensions Committee. That Repeal with no replacement would cre- higher costs. They would slap an age tax on Ohioans over 50 when they buy bill took months and months and ate massive uncertainty for Ohioans. months, dozens of hearings, and hun- The people in this body who voted insurance. And when it comes to healthcare costs, Senator HELLER from dreds of amendments. The committee yes today—does the Senate staff who Nevada said it best: There is nothing in adopted, and I supported, 150 Repub- stands behind here who have insurance from—taxpayers like Barbara—do they this bill that would lower premiums. lican amendments. It was the way we So they give tax cuts to rich people. think about Barbara? Do they think should do things here. Instead, Senator They give tax breaks to the insurance about somebody who reads in the paper MCCONNELL met just down this hall—I and the drug companies. They cut Med- that the Senate took the first—still re- know the camera does not quite show icaid. But there is nothing in this bill, this. Down this hall in his office, he versible but barely—step toward taking according to Senator HELLER, a Repub- met with lobbyists from Wall Street, their insurance away? Do they ever lican from Nevada, that would lower with lobbyists from the drug compa- think about people like Barbara? Do premiums. There are, however, those nies, and with lobbyists from the insur- they, as President Lincoln said, ever massive tax breaks for drug companies ance companies. I do not think the Pre- get out and get their public opinion that have been jacking up prices on siding Officer was part of this—he is, pass and listen to people like Barbara? lifesaving medicines like insulin and perhaps, too junior—but four or five She is 63 years old, and she doesn’t those drug companies that played a Republican Senators were in there, and know if she will have insurance next role in creating the opioid epidemic they wrote a bill that, alas, was good month. Imagine that. Do the staff back that devastates my State. More people for drug companies, was good for insur- here, do the Senators who get insur- in my State—as the Presiding Officer, ance companies, and was good for Wall ance from taxpayers—do they think: who also represents a large State, Street. It just left out the public. Oh, maybe my insurance won’t exist a knows—more people in my State died Now, we do not really know what is few months from now. Do they think of opioid overdose than any other State in the bill this time. One of the things about that? I am guessing they don’t. in the United States. we do know is, all of the options are Repeal with no replacement creates What does this plan do for the opioid bad for my State of Ohio and that all of massive uncertainty for Ohioans like epidemic? I have had dozens—maybe the options are bad for the people who her. We have already seen this year not dozens—I have done at least 15 or elected us to serve here. Let me talk what that uncertainty does to Ohio 20 roundtables around Ohio to talk about those options. families, with insurance companies about the opioid epidemic with doctors First, behind door No. 1, we have the that have been forced to pull out of the and counselors, psychologists and repeal of the Affordable Care Act with market as Congress and the White therapists and nurses, people who are no replacement. Again, behind door No. House create more and more uncer- recovering from addiction and their 1, I do not know if that is what this bill tainty. When Aetna pulled out of Day- families, and others. One thing they all is. I do know it is one of the options. ton and other communities in Ohio—in agree on is that the single best tool to So behind door No. 1 is repeal with no that part of Ohio—they and others left help with opioid addiction is, alas, replacement. That means repealing the nearly 20 counties in Ohio without any Medicaid. The single best tool to com- entire Affordable Care Act with no plan insurer next year. When they did that, bat the opioid epidemic is Medicaid. to replace it. It creates dangerous un- they announced it was because of the This bill would take away the No. 1 certainty that of course will drive uncertainty in this Congress, that no- tool we have to fight that. prices up for everyone. When insurance body really quite knows what is hap- So 220,000 Ohioans right now strug- companies, when the people who have pening. gling with opioid addiction, getting insurance now have no idea what is So that is door No. 1—repeal with no treatment for opioid addiction— going to happen, of course it drives replacement, higher cost, less cov- 220,000—they are getting their addic- prices up. Of course, it means insur- erage. tion treatment because they have the ance companies will pull out of Wyo- Let’s look at door No. 2. Behind door Affordable Care Act and insurance pro- ming and Alabama and Washington No. 2 is the plan that MITCH MCCON- vided by the Affordable Care Act. We State and Hawaii and Ohio. NELL negotiated in secret. As I said, are going to take that away from According to the nonpartisan Con- straight down this hall, go to the right, them. gressional Budget Office, 18 million that is MITCH MCCONNELL’s office. That At one of my roundtables in Cin- Americans will lose their health insur- is where the drug company lobbyists cinnati—the Talbot House—a father

VerDate Sep 11 2014 02:41 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.018 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4175 sitting next to his daughter, who I be- people by insurance and all of the workers, who pay taxes, who have chil- lieve was in her early thirties, looked wraparound part of insurance that dren with a disability or with serious at me and said: My daughter would be matters. special needs. Nearly 500,000 kids in dead from an opioid overdose had it not It is not just those fighting addic- Ohio—20 percent of Ohio kids, 2 in 10— been for Medicaid expansion. I thank tion—I talked a lot about opioids—it is have special healthcare needs. Boaz, Governor Kasich for having the cour- kids with special healthcare needs. It is whom I met in Cleveland, was born age to stand up against his President Ohio schools. There is a program called with several heart defects. He wouldn’t and stand up against the Republican Medicaid in Schools that helps young be alive today without treatment cov- leadership in this town and do the people struggling with various kinds of ered by Medicaid. Benjamin Dworning right thing in expanding Medicaid. physical and mental illnesses in the from Akron, born with Down syn- This plan, door No. 2, has higher schools. That is helpful. drome, visited my office recently with costs, less coverage, and would kick It is rural hospitals. I have been on his parents. many of those 220,000 people off their the phone with literally four dozen hos- It is not just kids with special needs insurance. It would disrupt treatment pital CEOs in this State—at least four who will lose out. Ohio schools could for hundreds of thousands of Ohioans dozen, a number of them a number of lose $12 million a year. Twenty-two as they fight for their lives. It would times—and small hospitals in rural percent of rural hospitals would be at pull the rug out from under local police communities know that they may close risk of closing. It goes on and on. and communities in the midst of an if this bill, the one behind door No. 3, These are all problems created by epidemic. is adopted. this bill behind door No. 3, written by A number of police officers told me It is seniors in nursing homes, and it lobbyists, written down the hall in that when they go to a home—a police is their families who help care for Senator MCCONNELL’s office by drug officer or a firefighter or another first them. Few people realize that three in company and insurance company and responder—when they go to a home five nursing home residents in my Wall Street lobbyists. That is the bill— where somebody is unconscious be- State rely on Medicaid to cover the undisclosed, unknown until he regurgi- cause of an opioid epidemic, first they cost of their care. That is 60 percent. tated it on the Senate floor and gave us give them Narcan to revive them, and They are our parents and our grand- this bill. the second thing they do is sign them parents. These are middle-class fami- Cleveland.com wrote: ‘‘As for the up for Medicaid. They sign them up for lies and working-class families who end proposed $200 billion to ease the path Medicaid so they can get treatment. up in nursing homes. They run out of for ACA funding losses, this too would pale compared with the losses them- Otherwise, there is a very good chance money at the end of their lives. That is selves.’’ that person will die. Medicaid dollars. Two-thirds of Med- Again, Governor Kasich—he, a Re- The most important tool for fighting icaid dollars don’t go to children or publican; I, a Democrat—said this is opioid addiction is Medicaid. Yet this opioid addiction, they go to nursing spitting in the ocean. body voted today—2 Republicans stood homes to take care of our parents and So that is what is behind door No. 3— up and voted against this—today, 50 grandparents. higher costs, less coverage. Republicans and the Vice President of I met with families again in Toledo That brings us to door No. 4. What is the United States, who honored us with last week who rely on Medicaid to help behind the last door? We have no idea. his presence today with the tie-break- afford nursing home care. It is the ultimate mystery plan. ing vote, voted essentially to kick Bob’s mother Blanche lives at a home Remember what Washington uncer- those people off their treatment. in Perrysburg, a suburb of Toledo. tainty has already done to Ohio fami- So door No. 2, the insurance company My mother and father worked all their lies? There are 20 counties with no in- lobbyist plan: higher costs, less cov- lives. My mother is 95 and receives a pension surer next year. erage. The same plan written by lobby- of only $1,500 a month. Medicaid keeps her As an editor at the Columbus Dis- ists. alive so she is able to spend time with her patch—Ohio’s most conservative news- Let’s talk about door No. 3. Behind kids and her grandkids. paper—said to me about a month and a door No. 3 are higher costs and less I remember Margaret Mead, the great half ago, uncertainty is like carbon coverage. It is the same plan written anthropologist, who said that wisdom monoxide for business, a silent killer. by lobbyists, just with taxpayer dollars and knowledge are passed from grand- Now, the Republican Party, which thrown in to buy off votes. Same re- parent to grandchild. A child can spend fashions itself as the party of business, sult—higher costs and less coverage. time with her grandparents, as my seems to have specialized over the last They can’t just throw money at this daughters got to spend time with their 10 years in injecting uncertainty into bill and make it better. grandparents, especially my grand- the economy—uncertainties such as, Take opioids. They want to take mother in her last years. It didn’t just are we going to pass the Export-Import away Medicaid, which is the No. 1 tool bring great joy to the grandparents, it Bank, which Senator MURRAY worked we have to get people treated, and then imparts wisdom and understanding and so hard on, so our companies can ex- they throw in a $45 billion Federal education to the grandchildren. Med- port American-manufactured, well- grant program instead. icaid does that, too, when people have made products? Are we going to pay Governor Kasich said that those dol- insurance, when people are taken care our debts or are we not going to meet lars—taking away Medicaid, taking of in nursing homes and assisted living. our obligations and shut down the gov- away treatment, taking away insur- We talk about people like Blanche ernment? Are we going to leave hang- ance from the 700,000 Ohioans in Med- who worked hard to build a good life ing out there the Affordable Care Act icaid expansion and hundreds of thou- for their families. They paid their repeal? All of these things create un- sands of Ohioans later—Governor Ka- taxes. They paid their insurance pre- certainty, and as a result, business in- sich is a Republican, and he and I see miums. They paid into Medicare and vestment freezes. We know what hap- this pretty much the same way. Gov- Social Security. So we are going to cut pens. So who knows what kind of dam- ernor Kasich said that putting that their Medicaid in the last years of their age this latest vote will do in the in- money in after taking away Medicaid lives. They shouldn’t have to lose ev- surance market. is like spitting in the ocean. erything because they need more inten- What we know for certain is that this The director of Ohio’s Medicaid Pro- sive care in the later years of their mystery plan behind door No. 4 will gram said the Republican Senate plan lives, and neither should their families, mean higher costs and it will mean less would be devastating for Ohio. For in- who are already squeezed—people in coverage, because nothing so far—noth- stance, if someone had cancer, I don’t their forties and fifties and early six- ing that has been put on the table— think the best treatment for cancer is ties—who worry about their children’s could result in anything else. The math to cut off their insurance and then give education on the one hand and then doesn’t work. How can anyone stand them a Federal grant to pay their worry about paying for nursing home here—again, staff standing by the wall oncologist—not even a Federal grant to care for their parents on the other. here and Members of the Senate, all pay their oncologist. You don’t treat Another huge portion of the people getting insurance provided by tax- people by a Federal grant, you treat Medicaid helps are Ohioans who are payers—how can you stand here and

VerDate Sep 11 2014 02:41 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.020 S25JYPT1 S4176 CONGRESSIONAL RECORD — SENATE July 25, 2017 threaten to take away the insurance of the way we figure out whether our bill comes crashing down anyway. We have others and at the same time drive up is any good or not. to do it for the tens of millions of costs? This is the way the Senate has al- Americans who depend on Medicaid and The Affordable Care Act is not per- ways worked. We don’t do major legis- the ACA. We have to do it for our rural fect. Of course, it is not. We have work lation without hearings. But that is hospitals. We have to do it for the peo- to do. Senator SCHUMER talked today what we are doing today, and that is ple with preexisting conditions. We about it. Sit down with us. We would because people don’t want to disclose have to do it for the people without love to work through many of the what is in this bill. power, without money, without the items and get more young, healthy It is true that we don’t know exactly ability to walk 200 yards from this gild- people into the insurance pool, to sta- what is in the bill, but we can be sure ed Chamber and get the best healthcare bilize the insurance market, to go after of a few things. First, whatever prob- in the world. the high cost of prescription drugs and lems there are with the ACA, this bill I will be fine. All the Members of this maybe, even to consider Medicare at 55. doesn’t even bother to take a swing at Chamber will be fine. But our job is not We were one vote away from opening them. To the extent people are worried to take care of ourselves. Our job is to up Medicare in a revenue-neutral way about high deductibles, it will increase represent our constituents, and this for people between 55 and 64 who might the deductibles. To the degree people bill has earned the title of most un- have lost their insurance as they get are worried about the choices on the popular major bill in American history, sick or as they get older. There are all exchanges, it doesn’t even try to solve most unpopular major legislation in of those options, but don’t start with that problem. American history. repeal, throwing millions of Americans We don’t know exactly how much There is still time to walk back from off of their insurance. Medicaid will be cut, whether it is just the brink. I agree with Governor Kasich one rolling back the Medicaid expansion or I yield the floor. more time. Yesterday, Governor Kasich making these radical structural re- The PRESIDING OFFICER. The ma- said: Until Congress can step back from forms, but we know there will be deep jority leader. political gamesmanship—which we saw cuts to Medicaid. This will hurt people. Mr. MCCONNELL. Mr. President, I in spades today, as Senator JOHNSON It will hurt people in nursing homes. It ask for the yeas and nays with respect and Majority Leader MCCONNELL were will hurt people with drug addiction. to amendment No. 267. negotiating the last parts of the bill, Medicaid is a program that works for The PRESIDING OFFICER. Is there a and as, more or less, 98 of us sat here tens of millions of Americans, and it sufficient second? and watched and wondered what was will be slashed massively. There appears to be a sufficient sec- going on and saw that political games- We don’t know whether they are ond. manship—and come together with a going to get rid of the capital gains tax The yeas and nays were ordered. workable bipartisan plan, it is a mis- or just other revenue, but we know The PRESIDING OFFICER. The ma- take for the Senate to proceed with the they are going to reduce many of the jority leader. vote we just took on Tuesday. He said taxes in the original Affordable Care AMENDMENT NO. 270 TO AMENDMENT NO. 267 that yesterday. Act, and they are going to pay for it by (Purpose: Of a perfecting nature.) Instead of down the hall Senator cutting Medicaid. Mr. MCCONNELL. Mr. President, I MCCONNELL working with insurance So under the guise of fixing the ACA, call up amendment No. 270. company and drug company lobbyists, they are actually doing nothing about The PRESIDING OFFICER. The instead of listening to the drug compa- ACA. What they are doing is cutting clerk will report. nies so that he puts the tax break for taxes and cutting Medicaid. We don’t The senior assistant legislative clerk drug companies in the bill, let’s listen know exactly what is in the bill, but read as follows: to the people of Kentucky, Wyoming, we do know that. The Senator from Kentucky [Mr. MCCON- Texas, Louisiana, Alabama, North People are going to be hurt—people NELL] proposes an amendment numbered 270 Carolina, Ohio, Hawaii, and Wash- with preexisting conditions, families to amendment No. 267. ington. Let’s listen to the people of the with loved ones struggling with opioid Mr. MCCONNELL. Mr. President, I States of my colleagues in this body. abuse, people in nursing homes, people ask unanimous consent that the read- Let’s work on a bipartisan plan to fix who rely on Planned Parenthood, and ing of the amendment be dispensed what is not working in the Affordable the tens of millions of people who will with. Care Act. Let’s keep what is working lose their insurance almost instantly. The PRESIDING OFFICER. Is there and make healthcare work better for That is why every group—from the objection? the people whom we serve. American Medical Association to the Mrs. MURRAY. Mr. President, I ob- The PRESIDING OFFICER (Mr. nurses, to the American Cancer Soci- ject. RUBIO). The Senator from Hawaii. ety, to the March of Dimes, to the Na- The PRESIDING OFFICER. Objec- Mr. SCHATZ. Mr. President, how tional Physicians Alliance, and the tion is heard. much time remains? AARP—opposes this bill. There are 14 The clerk will read the amendment. The PRESIDING OFFICER. There is different versions of this bill, but, actu- The senior assistant legislative clerk 51⁄2 minutes. ally, these organizations oppose them continued with the reading of the Mr. SCHATZ. Mr. President, we just all. amendment. took one of the most reckless legisla- There are some core elements of the (Mr. DAINES assumed the Chair.) tive actions in this body’s history. We vote we took that are going to be true The bill clerk continued with the are blowing up the American no matter what. It will cut Medicaid reading of the amendment. healthcare system, and we don’t even and cut taxes. It will reduce patient (Mr. ROUNDS assumed the Chair.) know what comes next. protections. It will reduce the number The legislative clerk continued with I want to be clear. The Senate has of people who have insurance. the reading of the amendment. never before voted on major legislation It was all done with no hearings, with The senior assistant legislative clerk that would reorder about one-sixth or no Democrats, with no experts on continued with the reading of the one-fifth of the American economy and healthcare. This thing is going to be amendment. impact millions of lives without actu- dropped on us without enough time to The bill clerk continued with the ally knowing what the bill would even review it and without enough time to reading of the amendment. do. interact with our home State and fig- The assistant bill clerk continued There has been no bipartisanship. ure out the impact. with the reading of the amendment. There has been talk of it, but there Make no mistake, the reason they (Mr. DAINES assumed the Chair.) have been no real discussions. There will not tell you what is going to be in The legislative clerk continued with have been no public hearings. Let me the final bill is because the moment the reading of the amendment. say something about hearings. This is they do, this thing will come crashing The senior assistant legislative clerk not a technical point. This is the way a down. What the American people have continued with the reading of the legislative body does its work. This is to do is to make sure that this thing amendment.

VerDate Sep 11 2014 05:09 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.021 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4177 The PRESIDING OFFICER. The Sen- time caps on coverage, and those caps ObamaCare—was enacted in 2010, we ator from Wyoming. would hit people who get their heard a lot of promises about lower Mr. ENZI. Mr. President, I ask unani- healthcare through their employer, as costs. They promised that ObamaCare mous consent that the reading of the well as those who buy it for themselves would bring down premium costs by amendment be dispensed with. in the individual market. You can for- 2,500 bucks for the average family, but The PRESIDING OFFICER. Is there get about essential health benefits. we now know that families have seen objection? You get to flood the market with bar- their premiums skyrocket. According Without objection, it is so ordered. gain-basement insurance plans, as long to the Ohio Department of Insurance, (The amendment is printed in today’s as you offer one, single, comprehensive health insurance premiums on the indi- RECORD under ‘‘Text of Amendments.’’) option, the kind of plan that actually vidual market in Ohio have nearly dou- Mr. ENZI. Mr. President, I ask unani- works for people with preexisting con- bled since the Affordable Care Act went mous consent that there be 1 hour for ditions and, by the way, you get to into effect 7 years ago. Small business debate on amendment No. 270, equally price that through the roof. premiums have gone up 82 percent. Pre- divided between the two managers or Under the Cruz proposal, we will be miums for this year are up double-dig- their designees; that following the use looking at a tale of two healthcare sys- its, and next year we all expect the or yielding back of time, Senator MUR- tems in America. The young and same. No one can afford that. RAY or her designee be recognized to healthy are going to opt for the bare- To make matters worse, we have seen make a point of order against the bones insurance plans that don’t cover a sharp increase in deductibles. For a amendment, and that Senator ENZI or much of anything, but there are mil- lot of people covered by insurance, his designee then be recognized to lions of people in this country who can- they feel as though they really don’t make a motion to waive; further, that not get by with skimpy Cruz-plan in- have health care insurance at all be- following the vote on the motion to surance. They are people who have had cause their out-of-pocket expenses are waive, Senator ENZI or his designee be a cancer scare or suffer from diabetes. so high and deductibles are so high, recognized to offer a second-degree They are people who get hurt on the they really can’t access it. amendment, No. 271, and that Senator ski slopes or in a car accident. The These higher premiums and MURRAY or her designee be recognized only coverage that works for them will deductibles have already made to offer a motion to commit; finally, come with an astronomical pricetag. healthcare unaffordable for a lot of that the time from 10 a.m. until 12 There was no hearing in the Finance hard-working Ohioans. But it is not noon be equally divided between the Committee, no hearing in the HELP just about costs, it is also about managers or their designees; that at 12 Committee. Senators are flying in the choice. Some people are losing their noon tomorrow, Senator MURRAY or dark, and as far as I can tell, the pro- coverage altogether because the poli- her designee be recognized to make posal is going to be before us without cies established in the Affordable Care points of order, and that Senator ENZI having been scored by the CBO. Act were set up for failure. or his designee be recognized to make a Let me close with this. It is not too Fifteen of the 23 nonprofit insurers motion to waive; that following the late for Republican Senators to put a set up around the country as co-ops motion to waive, the Senate vote in re- stop to this shadowy, unacceptable around the Affordable Care Act have lation to the amendment No. 271; that process. Nobody in this Chamber—not now gone bankrupt. One was in Ohio. following disposition of the amend- one Senator—has to choose between Last year in my State, 22,000 hard- TrumpCare and straight repeal or any ment, the time until 2:15 p.m. be equal- working Ohioans lost their coverage partisan plan. I hope my colleagues because our co-op declared bankruptcy. ly divided on the Murray motion to will reject TrumpCare 3.0, BCRA 3.0 Many of them, by the way, had already commit, with a vote on the motion at and say it is time to stop this my-way- paid their deductibles on that, and 2:15 p.m. I further ask that following or-the-highway process and say, after they lost that as well. disposition of the Murray motion, Sen- rejecting this ill-advised amendment, Worse than that even, right now ator MURRAY or her designee be recog- that they would like to return to the there are 19 counties in Ohio without a nized to offer an additional motion to regular order, where we look to bipar- single insurance company in the ex- commit. tisan approaches. change market, the individual mar- The PRESIDING OFFICER. Is there I urge my colleagues to oppose and to ket—not one insurance company. An- objection? oppose strongly this first amendment other 27 counties in Ohio have only 1 Without objection, it is so ordered. that we will vote on tonight, BCRA 3.0. insurer. That is not competition. That The PRESIDING OFFICER. The Sen- It is a prescription for trouble for mil- is not choice. Far too many Ohioans— ator from Oregon. lions of consumers, and I think it is thousands of them—if they want health Mr. WYDEN. Mr. President, the pitch going to cause chaos for the reasons I insurance, are told they have to move to Republican Senators this afternoon described in the private insurance mar- out of their county to another county. before the first vote was that it was ket. Less competition has also meant less nothing but a little bit of throat clear- I yield the floor. choices and higher costs for Ohio fami- ing—just a first step to get the con- The PRESIDING OFFICER. The Sen- lies and cost shifting on to employer- versation started. ator from Ohio. based plans. As these insurance compa- Let’s be clear, nobody can pretend Mr. PORTMAN. Mr. President, I rise nies have lost money, some of them the stakes aren’t real now. In a few tonight to talk about the Portman haven’t left Ohio, but they shifted minutes, the Senate will be voting on amendment and about the broader sub- their costs to other people. That is why yet another version of the Senate stitute that repeals and replaces the so many people’s costs have gone up. TrumpCare bill. I call it the BCRA 3.0. Affordable Care Act, otherwise known Without competition and choice in It features a special gut punch to con- as ObamaCare. the market, we are never going to be sumer protection offered by Senator Is this replacement perfect? No. I able to lower healthcare costs for fami- CRUZ. don’t think any replacement is. But it lies and small businesses. That is one My view is, the Cruz proposal is a is a big improvement over the status more reason why the status quo on prescription for misery for millions of quo. The status quo on healthcare is healthcare, the system we have now, is Americans dealing with serious illness simply no longer sustainable. not sustainable. and bedlam in the private insurance It isn’t working for Ohio. We heard a The Affordable Care Act has failed to market. Forget, colleagues, all the lot about the middle-class squeeze in meet the promises that were made, but talk about bringing costs down. This Ohio, and it is real. Wages are flat and we can do better, and we have to do bill is going to send health expenses expenses are up. For most folks, the better. It is our job to do better, but we like deductibles and copayments into biggest single expense is healthcare should do it in a way that protects low- the stratosphere. costs. It is the fastest growing expense income beneficiaries of Medicaid, that TrumpCare 3.0, BCRA 3.0, tells insur- because of higher premiums and higher protects the most vulnerable in our ance companies: Look, you are off the deductibles. State. We can do that too. hook for basic consumer protection. It wasn’t supposed to be this way. In At the outset of this debate and con- You get to bring back annual and life- fact, when the Affordable Care Act— sistently throughout the debate, I have

VerDate Sep 11 2014 05:09 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.031 S25JYPT1 S4178 CONGRESSIONAL RECORD — SENATE July 25, 2017 said my goal was to create a more opioid epidemic. I am pleased to say Verma has said she supports this waiv- workable healthcare system that low- that in the legislation we are going to er being granted—but others will grant ers the cost of coverage and provides vote on tonight, it is included. We want it, and you don’t have to renew this access to affordable care while pro- those receiving opioid treatment under waiver or beg for a waiver. It is a com- tecting the most vulnerable. This most Medicaid expansion to maintain access monsense way to help get people who recent version of the Better Care Rec- to treatment as they work to get back are going into private plans the help onciliation Act—as my colleague just on their feet. This new funding is crit- they need to be able to afford the pre- called it, BCRA.3—is an improvement ical to help with regard to that treat- miums, deductibles, and copays. over the House bill, but it is also an ment and longer term recovery. This is a commonsense approach to improvement over the previous Senate An additional issue I have been work- help ensure that these low-income bill. This measure includes reforms ing on is to ensure that those on ex- Americans have access to affordable that will help lower premiums on fami- panded Medicaid are able to find af- care, and I urge my colleagues to sup- lies and small businesses. The No. 1 pri- fordable healthcare options under a port it. ority out there should be to lower new system, whether it is under the We must do better than the Afford- those costs. This bill will help lower new Medicaid structure or affordable able Care Act. I have heard from people those premiums. healthcare options in the private sec- across Ohio on both sides of this de- Throughout the process, I have ex- tor on the private market. Over the bate. Trust me, I have heard a lot. pressed my concerns about how we deal past few weeks, I have worked with the There is a lot of passion. I understand with Medicaid, which is a critically im- President, the Vice President, adminis- that. But it is interesting, the common portant Federal program that provides tration officials, and many of my col- denominator in many of these discus- healthcare benefits to about 70 million leagues on ways to improve this bill sions is that doing nothing is not sus- Americans who live below the Federal further in this regard, to help out low- tainable. Pretty much everybody ac- poverty line. The Affordable Care Act income Ohioans and others who are knowledges that the status quo is not allowed States, including Ohio, to ex- trying to find affordable coverage. working. Ohioans deserve action. pand Medicaid eligibility actually That is why this proposal before us, the In my view, to throw in the towel and give up on finding a better alternative above the poverty line, to 138 percent Portman amendment, is so important. is to give up on Ohio’s families, give up of poverty, and to cover single adults. By the way, it is called the Portman With our growing debt and deficits, amendment, but it is the result of the on Ohio’s small businesses, and I am we know the current Medicaid Program work of a lot of different Senators, not willing to do that. We all know the Affordable Care Act is not financially sustainable over the some of whom I saw on the floor earlier has not lived up to its promises to the long term, and we have to look for in- and one I see here tonight. Senator American people. Today, after 7 years novation and reform to protect and CAPITO, who has been a leader on this, of consistently calling for repeal and preserve it now so that Ohioans can and Senators HOEVEN, GARDNER, SUL- replace, I am supporting a sensible plan count on this program in the future LIVAN ASSIDY OUNG OOZMAN , C , Y , B , to do just that. Is it perfect? No. I don’t and so that those who need it will have ELLER URKOWSKI H , M , and others, have think any substitute is. Replacement is it. worked on this proposal. hard. But it is an improvement on the My point all along has been that I am pleased that we have received a unsustainable status quo, and it does these reforms can and should be done commitment that the Senate will vote help keep our promise to the American in a way that doesn’t pull the rug out tonight on this approach to help those people to do better. from under people and gives States on Medicaid expansion and other low- I urge my colleagues to support the time to adjust. So, in this Senate bill, income Americans get access to afford- legislation before us. I have worked to put Medicaid expan- able healthcare in the private market. I yield back my time. sion on a glidepath for 6 years, with This plan has two parts. First, it pro- The PRESIDING OFFICER. The Sen- the current law for 3 years and then a vides an additional $100 billion to the ator from Massachusetts. transition for another 3 years. That long-term stability fund in the Better Mr. MARKEY. Thank you, Mr. Presi- transition would be to a new Care Reconciliation Act to help people dent. healthcare system. This is a big im- with out-of-pocket expenses, such as Mr. President, earlier today the Sen- provement over the House bill, which deductibles and copays, thus ensuring ate voted on a bill to dismantle this had a cliff in 2 years without a glide- that those who transition from Med- country’s healthcare—a cruel bill that path. icaid expansion into private insurance would affect every single American and Just as important, in this substitute under a new system not only have the one-sixth of our economy; a heartless before us, Governors would have new tax credit to help them, which is part bill that was crafted in secret, without flexibility in this legislation to design of the underlying bill, but also have public debate and without input from innovative Medicaid Programs that this additional help for affordable cov- the families who will be impacted; an meet the needs of their States and erage options. inhumane bill that would make health their expansion populations. Second, it is a Medicaid wraparound insurance unaffordable for millions of One issue I have focused on a lot in that allows States to provide cost-shar- Americans and leave millions more this discussion has been the opioid epi- ing assistance to low-income individ- with no access at all. demic. In my own State of Ohio, this uals who transition from Medicaid to Despite this legislative malpractice, epidemic has had a devastating effect. private insurance and receive a tax despite numerous independent analyses About 200,000 Ohioans now suffer from credit on the exchange. The States and nonpartisan Congressional Budget drug addiction, primarily from heroin could use this flexibility in combina- Office findings that millions of Ameri- and prescription drugs and the new tion with this long-term stability fund cans will lose coverage and face in- synthetic heroins, such as fentanyl. increase—the additional dollars I am creased costs, despite Americans from Unbelievably, I will tell you that about talking about—to assist individuals across the country pleading with Re- half of the funds we spend in expanded with their deductibles, out-of-pocket publicans not to rip away their cov- Medicaid in Ohio go for one purpose, expenses, and copays. erage or take a machete to Medicaid, and that is mental health and sub- It would also allow the States to cap- despite all that, President Trump and stance abuse treatment, primarily ture Federal Medicaid matched dollars Republican leadership put politics driven by addiction to heroin and pre- to supplement the tax credits under ahead of people and voted to repeal the scription drugs and fentanyl. the Better Care Act without having to Affordable Care Act. That is a trav- We have to deal with this issue in a seek and renew existing waiver author- esty. smart way. In this latest version of the ity. I have often said that the proudest substitute, that is why I fought to pro- This Medicaid wraparound is already vote of my career was the one I cast in vide not only that transition for those available through a waiver, but we favor of the Affordable Care Act. The on expanded Medicaid but also an addi- think it is critically important to put second proudest vote is today, voting tional and unprecedented $45 billion in it in a statute so that other adminis- no on this cruel, heartless, inhumane new resources for States to address the trators and the current ones—Seema bill.

VerDate Sep 11 2014 05:09 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.032 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4179 To all of my constituents in Massa- proposals have one thing in common: ment for their disorders. It should not chusetts, please know that I vote no heartlessness. They all reduce cov- be a surprise to anyone that the epi- with you in mind. erage. They all increase costs for demic of opioid abuse will only worsen Massachusetts is the home of uni- Americans. They all eviscerate Med- as long as we have a system that versal healthcare. We have a model for icaid, causing irreparable damage to a makes it easier to abuse drugs than to the Affordable Care Act. Because of our program that provides coverage for 70 get help. belief that healthcare is a right and million Americans, and they all hand These Republican proposals will be a not just a privilege, 98 percent of Mas- over billions in tax breaks to the death sentence for millions of people sachusetts residents have healthcare wealthiest in our country, who do not with substance use disorders. A vision coverage. That was a dream of the need them or deserve them. Even in without funding is a hallucination. great Teddy Kennedy, the lion of this Massachusetts, the Republican pro- They are cutting the funding for sub- Chamber, and it is a reality in Massa- posals would mean more than 260,000 stance abuse. Republicans are turning chusetts. people would lose coverage, often the their backs on their vow to combat the We cast this historic vote today to lowest income residents in the State. It opioid epidemic, and President Trump proceed to debate on healthcare legis- would cost the State more than $8 bil- is beginning to break his own promise lation, but rest assured, the fight to lion by the year 2025. from the campaign trail to ‘‘expand protect the Affordable Care Act is far There are no changes, no so-called treatment for those who have become from over. fixes, no modifications to make any of so badly addicted.’’ Instead, they are It is a testament to how divided the these bills less cruel. Each of the Re- moving forward with a proposal that Republican Party is over how to re- publican proposals will just exacerbate threatens insurance coverage for 2.8 place the healthcare law that we still the most devastating public health cri- million Americans with a substance don’t know which version of sis facing the country—the battle use disorder—all to give hundreds of TrumpCare we will proceed to vote on against opioid overdose deaths. billions in tax breaks to billionaires for final passage. It is not because Re- Leader MCCONNELL said today that and big corporations—and slashing publicans haven’t had time—they have he would be thinking about the fami- funding for our Nation’s preeminent had 7 years to craft a plan to repeal the lies who are hurting in Kentucky when public health crisis is just part of it. Affordable Care Act. Rather, the chaos he casts his vote to kick at least 20 Creating a separate fund for opioid we have seen so far from Senate Repub- million Americans off of their health use disorders just further stigmatizes licans is because millions of Americans insurance coverage. Yet do you know the disease and pushes it back into the are finally benefiting from insurance who will really be hurting? It will be shadows. This is not how we treat coverage, many for the first time, and the families of the nearly 1,000 people chronic health conditions in this coun- they don’t want these protections who died of an opioid overdose in Ken- try, and it is insulting to those 33,000 taken away. tucky last year. Americans who lost their lives just last In many ways, it doesn’t matter In a blatantly craven attempt to year from opioid overdoses. which bill they bring up for a vote be- make TrumpCare more palatable, mod- This latest political maneuver proves cause all versions of the Republican erate Republicans from States that yet again that TrumpCare has never healthcare bill are terrible. Repub- have been ravaged by the opioid crisis been about creating health. It has al- licans still have no idea how they will included a paltry opioid fund in the ways been and still is about concen- go about protecting those with pre- most recent version of the GOP re- trating wealth—tax breaks for the rich existing conditions and ensure that placement fund. Those are crumbs coming from the cuts in healthcare millions aren’t kicked off their current compared to the amount that the Af- coverage for those who need it the insurance plan. fordable Care Act would likely spend most in our country. They are aban- Senate Republicans have so far pro- on covering opioid use disorder treat- doning hard-working families so that posed three bills that would each dev- ments if we would just leave the law they must fend for themselves while astate the healthcare sector, take a alone to work as intended. This opioid they bestow those gifts of billions in machete to Medicaid, and make the fund is not a fix; it is a falsehood. It is tax breaks to the wealthy. That is poorest in our country pay for tax a false promise to the people who are shameful. breaks for the wealthiest. These bills suffering from opioid addiction. It is a The GOP replacement plan also im- are the bad, the worse, and the ugly. false future that will not include crit- poses an age tax on older Americans, First, the bad. ical Medicaid funding for treatment allowing insurance companies to Senate Republicans proposed legisla- and recovery services, and it is a false charge older Americans five times tion at the end of June—just a month bargain that Republicans will make at more than younger Americans for the ago—that would rip away health insur- the expense of families who are des- same coverage. That is unconscionable. ance from 22 million Americans and perate for opioid addiction treatment. The GOP plan reduces access to care give the top 400 wealthiest people in The American people will not be for those with preexisting conditions— our country a tax break worth $33 bil- fooled. They realize that opioid funding Americans with cancer, diabetes, lion. in this proposal is nothing more than a women who have had children. They Then the worse. public health pittance—a wholly inad- want to force them to pay for a Cad- They introduced yet another bill that equate response to our Nation’s pre- illac, but they then hand over to them would also kick 22 million Americans eminent public health crisis. No a tricycle. That is just plain wrong. off of their health insurance and cut amount of money in an opioid fund can On this floor, it is going to be a bat- Medicaid by $750 billion. They tried to replicate the access to treatment that tle to the very end on this bill, and I buy Republican votes with a separate is provided through the comprehensive am going to keep speaking and keep opioid fund, but that craven, political health insurance program that the Af- fighting until my Republican col- Hail Mary was not fooling anyone. fordable Care Act represents. Families leagues understand how important Then the ugly. of those who suffer from substance these issues are to every single family When Republican leadership realized abuse disorders have been shouting in our country. that they did not have the votes for ei- from the rooftops that cutting Med- The American people who believe in ther of these cruel replacement bills, icaid and hamstringing access to quality, affordable healthcare will not they decided to just repeal the health insurance coverage will only be silenced by today’s vote. Instead, we healthcare law without any kind of re- make a difficult situation worse. will be invigorated to call out the cal- placement. This proposal would take We should be making health coverage lousness in any of these bills that coverage away from 32 million Ameri- and treatment access more robust, not would threaten the economic security cans and double premiums over the weaker. Today, only 1 in 10 people with for low-income and working families in next decade. substance addiction receives treat- order to fill the already overflowing That is the slate of Republican ment, and it has been estimated that 2 bank accounts of the 1 percent. Oh, no. healthcare bills—the bad, the worse, million people who live with opioid use This fight is just beginning out here on and the ugly. All of these healthcare disorders are not receiving any treat- the Senate floor because the lives of all

VerDate Sep 11 2014 05:09 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.033 S25JYPT1 S4180 CONGRESSIONAL RECORD — SENATE July 25, 2017 Americans who would be hurt by the PolitiFact—that left-leaning news do not have the money for healthcare, Senate’s vote today to begin debate on site—labeled Obama’s promise as 2013’s the IRS is going to fine you on top of repealing the Affordable Care Act are Lie of the Year, and it was. It was a de- it, and you still do not get healthcare. simply too important for us to stop liberate lie, as Jonathan Gruber, the That is a terrible outcome. fighting. architect of ObamaCare, said that they This bill will repeal the individual I yield the floor. were banking on what they called the mandate, repeal the IRS fines on 6.5 The PRESIDING OFFICER. The Sen- stupidity of the American people—sell- million Americans and the job-killing ator from Texas. ing it based on a lie. fines of the individual mandate. Mr. CRUZ. Mr. President, today is an Then there is the impact on pre- It also repeals the employer man- important step in a very long journey. miums. President Obama promised the date, which is the driver of the 29ers Some 7 years ago, ObamaCare passed American people that under and 49ers. For 7 years, the Democrats into law, and in the 7 years that ObamaCare the average family’s pre- had no answer to the single mom ObamaCare has been on the books, we miums would drop $2,500 a year. That forced to work part time. Repealing have seen the results of this cata- wasn’t just a little bit wrong; it was the employer mandate provides relief strophic law. We have seen the devasta- wildly and dramatically wrong. In fact, to everyone who finds himself in those tion that has resulted. ObamaCare is the average family’s premiums have camps. the biggest job killer in this country. risen over $5,000 a year. No. 3, this bill has a major reform You and I and the Senators who have People are hurting because health in- that allows people to use health sav- listened to their constituents across surance is unaffordable. I hear from ings accounts—pretax money—to pay the country have heard over and over Texans over and over and over again: I for insurance premiums. That means, again from small businesses that have cannot afford health insurance any- for millions of Americans, their effec- been hammered by ObamaCare. As I more. tive premium rates instantly drop 20 to have listened to small businesses in the I will say that the harms from 30 percent by using pretax money. That State of Texas over and over again, ObamaCare—the people suffering under is a major reform for empowering you, they have described ObamaCare as the this failed law—have been mounting the consumer, to choose the healthcare single biggest challenge they face. and mounting and mounting, and for 7 for your family. Indeed, thanks to ObamaCare, we years, the Democrats have been con- No. 4, the bill before the Senate in- have discovered two new categories of tent to do nothing. Barack Obama as cludes the consumer freedom amend- people who have been hurt by the Fed- President and Democrats having ma- ment—an amendment that I have in- eral Government—the so-called 49ers jorities in the Senate did nothing for troduced like the health savings ac- and the so-called 29ers. The 49ers are the 49ers who could not get new jobs; count amendment. It is an amendment the millions of small businesses that nothing for the 29ers, the single moms that says you, the consumer, should have 47, 48, 49 employees and yet do not forced to work part time; nothing for have the freedom to choose the grow to 50 because at 50, they would be the millions of people who had the in- healthcare that is best for your family. subject to ObamaCare, and in being surance plans that they liked canceled; You should have the freedom. You subject to ObamaCare, they would go nothing for the millions of people who shouldn’t have to buy what the Federal out of business. There are literally mil- could not go see their own doctors any- Government mandates that you must lions of new jobs that are waiting to more; nothing for the millions of peo- buy; you should choose what meets the happen, waiting to grow, small busi- ple whose premiums had skyrocketed. needs for you and your family. nesses ready to expand that After 7 years of stonewalling and The consumer freedom amendment ObamaCare penalizes so punitively blockading and saying ‘‘We do not hear was designed to bring together and that they do not expand. you’’ to the American people, now our serve as a compromise for those who By the way, those jobs that would be friends on the Democratic aisle are support the mandates in title I. The the 50th and 51st and 52nd are typically suddenly insisting that they want to do consumer freedom amendment says low-income jobs. They are jobs for peo- something. Today, we had a vote to that insurance companies, if they offer ple who are just starting out in their take the first step in doing some- plans that meet those title I man- careers. They are jobs for people who thing—in honoring the promise every dates—all the protections for pre- are minorities, who are African Ameri- Republican made to repeal this dis- existing conditions—they can also sell cans, who are Hispanics. They are jobs aster. any other plan that consumers desire. for people like my father in 1957—wash- The bill before the Senate is not per- So it takes away nothing. If you like ing dishes, making 50 cents an hour, fect. No one would expect it to be per- your ObamaCare plans, those are still but he was glad to have freedom in this fect. Bismarck’s comments about sau- there. It just adds new options and lets new country. sage-making are certainly true in this you decide: Do you want the Then there are the 29ers, the people process here today. Yet I will say that ObamaCare option or do you want all across this country who are forcibly in the bill before the Senate, which is something else that is affordable? So put into part-time work at 28, 29 hours not likely to pass tonight—but I be- rather than getting fined by the IRS, a week because ObamaCare defines a lieve, at the end of the process, the you can actually purchase something ‘‘full-time employee’’ as 30 hours a contours within it are likely to be you and your family can afford. week. People all over the country are what we enact, at least the general Now, our friends on the Democratic being hurt. Single moms who are try- outlines—there are at least four posi- aisle have been unwilling to look at ing to feed their kids are being hurt be- tive elements that are significant. any option expanding consumer free- cause they have been forced into part- No. 1, it repeals the individual man- dom; they just say it won’t work. What time work so that they end up working date. we know won’t work is ObamaCare. We two or three part-time jobs at 28, 29 The IRS fines about 6.5 million peo- know premiums have risen over $5,000 a hours a piece, and none of them provide ple a year because they do not have year. What happens with the consumer healthcare. The burden on them has enough money to buy insurance. Think freedom amendment? And this is crit- been enormous. about that for a second. You are strug- ical. Over the past 2 weeks, the Depart- It hasn’t just been jobs, although gling to make ends meet, and you do ment of Health and Human Services that is a big part of it; it has also been not have the money to buy health in- conducted a study on the impact of the the millions of Americans who have surance. Not only do you not have in- consumer freedom amendment. They had their health insurance canceled be- surance, but the IRS slaps you with a concluded, No. 1, it would expand in- cause of ObamaCare. We all know fine—millions of dollars of fines. In the surance coverage by 2.2 million people. President Obama looked at the TV State of Texas, there are roughly a Our friends on the Democratic aisle are cameras and said: If you like your million people who are getting fined by constantly alleging that repealing health insurance plan, you can keep the IRS, roughly half of whom make ObamaCare will reduce coverage. Well, your health insurance plan, and if you $25,000 a year or less and nearly 80 per- HHS found the consumer freedom like your doctor, you can keep your cent of whom make $50,000 a year or amendment expands it by 2.2 million doctor. less. The Democratic solution is, if you people.

VerDate Sep 11 2014 05:09 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.034 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4181 But what does it do to premiums? misnamed amendment to come to the we have a staffer for a Republican who This is powerful. HHS found that it floor. says: ‘‘And outside health policy folks will reduce premiums by over $7,000 a Americans know this as the fake in- have said this would set up a death spi- year. If you are a single mom, if you surance amendment. This is the ral for the markets.’’ are a school teacher, if you are a truck- amendment that says: Hey, insurance OK, but let’s turn to the American driver, $7,000 a year is a lot of money. companies, we are going to do you a Enterprise Institute, an extremely con- It is the difference between making big favor and let you sell these policies servative organization. What does their ends meet and not, perhaps. HHS found that aren’t worth the paper they are scholar say? He says, ‘‘This means that specifically that for those choosing written on. And, Hey, isn’t this won- people with those kinds of illnesses will freedom plans—the less expensive op- derful, says my colleague from Texas, end up paying more.’’ And then he goes tions—premiums would drop $7,260 a because, you know what, people will on to say, ‘‘The people who don’t know year. only have to pay a few dollars per something will happen and come down But what about those on the ex- month for those worthless policies, and with something, those are the ones at changes? What about those purchasing that is freedom. issue.’’ plans subject to all of the mandates? Well, I will tell you that if my col- Or let’s turn to the American Action HHS found those plans would also drop, league had been out talking to people Forum Deputy Director Tara O’Neill they projected by $5,580 a year. So con- in rural America, as I have been, if he Hayes, who says: ‘‘I think that really sumers benefit across the board with had been out there talking to people in would be the definition of a death spi- lower premiums. red America, as I have been, he would ral.’’ This has been a process. At the end of be hearing that people are terrified Or we can turn to the former CBO Di- this process, it is not clear what the about this effort to annihilate health rector, Douglas Holtz-Eakin, who says Senate is going to pass, what is going insurance. ‘‘What that will do is allow insurers to to bring together and unite the Repub- One out of three people in Oregon offer cheap policies to young lican conference because, sadly, the have been able to be on the Oregon invincibles. And on the exchange Democrats are not willing to help us Health Plan because of ObamaCare. It you’re going to get all the sick peo- provide more consumer freedom, to has had an incredible impact on our ple.’’ help us lower premiums, to help us pro- rural healthcare centers. Many of them He continues and says: ‘‘That’s a rec- vide relief to the 49ers and 29ers who have doubled their number of employ- ipe for meltdown. You’ve split the risk have been hammered by this bill. But I ees. About 20,000 employees across the pool into two exchanges.’’ believe the key to getting this done— State have been added. Oh, we just And he says: ‘‘I think it would end up and I believe we can and will get to heard a speech about it being a job kill- being bad politics.’’ yes. We are not likely to get to yes to- er, but, in fact, it has employed thou- I am not concerned about bad poli- night, but we can and will get to yes. I sands and thousands more people in the tics, but I am concerned about those think the key to it is the consumer healthcare industry across America. folks whom I have been meeting out in freedom amendment, if we are lowering Little communities that didn’t have rural America, out in red America, be- premiums. If Texans, if Montanans, if folks being able to take on mental cause they are coming to my townhalls people across this country are going health can now take on mental health and they are saying: Stop this diaboli- home and seeing premiums $5,000 a issues. Rural communities that didn’t cal plan. The Cruz amendment only year cheaper with protections for pre- have a drug treatment program now makes it a lot worse by creating the existing conditions or $7,000 cheaper if have a drug treatment program. Rural fake policies for the young and you want a catastrophic plan on a free- hospitals that were going out of busi- healthy—the young invincibles—and dom plan, that is a win for everyone. It ness now have a strong financial foun- the death spiral insurance for everyone is a win for conservatives. It is a win dation. And that is just the beginning. else. for moderates. It should be a win for Entrepreneurs across this Nation So someone can stand up here and Democrats. If Democrats were not en- were tied up in their companies, afraid speak glibly about how this is going to gaged in this partisan fight, Democrats to leave and pursue their vision be- fix job creation in America, but what it ought to be saying that lowering pre- cause they couldn’t get healthcare by really says is healthcare for the miums $5,000 or $7,000 is a win for our themselves. Now, they can, so they are wealthy—not healthcare, but wealth citizens. That, I believe, will be the key starting one business after another care. to getting this done. after another after another, and what It is so interesting to see this whole Let me finally say that there is rhet- we have seen is month after month coalition of individuals who want to oric about insurance companies. Do after month of growth in employment pass a bill that not only demolishes you know who loves ObamaCare? It is in this Nation. healthcare for 22 million, but gives insurance companies. Under Oh, we can tell you about the amend- hundreds of billions of dollars to the ObamaCare, the profits of the top 10 in- ment that my colleague from Texas is very richest in America. My colleague surance companies have doubled. When putting forward and what it does in mentioned a moment ago that the rich- you have the IRS fining people to force terms of offering these fake policies, est 400 families would get $33 billion. them to purchase their product and but that is only the beginning of it be- No, not $33,000 apiece or $33 million— driving up premiums so they are cause what it is designed to do is carve $33 billion. They feel it is so important unaffordable, ObamaCare effectively off those who are young, carve off to rip healthcare from ordinary work- sets up a cartel for the large insurance those who are healthy, and put them ing families to deliver benefits to the companies. into one pool, and then those with pre- wealthiest Americans. That is the op- Consumer freedom puts you, the con- existing conditions, those who are sick, posite—opposite—of what we should be sumer, in charge of your choices. In- those who are older, have to go to an- doing in America. stead of the giant insurance companies, other pool in which the rates go way up Franklin Roosevelt said that the test instead of the Federal Government, it and create a death spiral. So whether of our progress is not whether we add puts you in charge. Freedom is the key we call this fake insurance for the more abundance to those who have to unifying our conference, and low- young and healthy or a death spiral in- much; it is whether we do enough for ering premiums is the key, and I be- surance for the old and those with those who have too little. What that lieve we can and will get this done. health problems or preexisting condi- translates to is whether we provide a With that, Mr. President, I yield the tions, it is really blowing up the insur- foundation of affordable healthcare so floor. ance market at both ends. that every family in America has a The PRESIDING OFFICER. The Sen- Don’t take my word for it; take the foundation to thrive. That is what we ator from Oregon. experts’ word for it. We have a Repub- are fighting for. Mr. MERKLEY. Mr. President, we lican Senator who said that there is a This amendment is absolutely a are now considering the Cruz amend- real feeling that there is subterfuge to bomb going off in healthcare on both ment, which he titles consumer free- get around the preexisting conditions, ends of the spectrum, with the young dom, but there could not be a more referring to this amendment. And then and with the old, with the healthy and

VerDate Sep 11 2014 05:09 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.036 S25JYPT1 S4182 CONGRESSIONAL RECORD — SENATE July 25, 2017 with the sick, and with those with pre- mandates. But the Democrats are terri- I yield back the remainder of my existing conditions. fied of freedom. They are terrified that time. So let’s defeat this amendment and if people actually had the choice, they The PRESIDING OFFICER. The Sen- make sure we don’t make a really ter- might not choose the full Cadillac; ator from Oregon. rible bill a lot worse. they might make a different choice. Mr. MERKLEY. Mr. President, of The PRESIDING OFFICER. The Sen- But then in the world of scare- course my colleague from Texas made ator from Texas. mongering, my friend from Oregon also this big rant a little while ago about Mr. CRUZ. Mr. President, unfortu- said: Well, those on the ObamaCare ex- how ObamaCare is a job killer. When I nately, there is far too much scare- changes would go into a death spiral, pointed out it has created jobs all over mongering that occurs in the political would see their premiums spike. our country in healthcare, no response. world. But as John Adams famously Remember that John Adams quote When I pointed out it has created the said: ‘‘Facts are stubborn things.’’ about facts being stubborn things? opportunity for entrepreneurs to create My friend from Oregon just described Here is something else my friend from jobs and healthcare jobs, no response. the consumer freedom amendment as Oregon ignored, said nothing about. When I pointed out it creates fake in- ‘‘a bomb going off in healthcare.’’ That HHS found that for those on the ex- surance that doesn’t cover anything is interesting rhetoric, but it is discon- changes, with all the title I mandates, when you get sick, no response. All he nected from the actual facts. including preexisting conditions, their has to say is that it makes insurance a Let’s talk about what my friend from premiums would drop by over $5,500 a little cheaper. Oregon neglected to mention or re- year. Yes, it is worth the paper it is print- spond to in any way, shape, or form. He So the question is, Who is more ed on. Well, not even that, actually, be- said not a single word about HHS find- trustworthy, the experts at HHS ana- cause you pay $40 or $50 a month, you ing that the consumer freedom amend- lyzing what would occur with competi- go to the hospital, not covered. If you ment would expand insurance coverage tion and choices in the marketplace or get in an accident and you need an by 2.2 million people. He had not a the rhetoric and scaremongering that MRI, not covered. You and your spouse word to say in response to that. What sadly is being offered from the other have the opportunity and have a child, he did say is that those who might side? not covered. Not covered, not covered, choose freedom plans would be choos- It would be one thing if they were not covered. Fake insurance. ing what he called junk insurance. confronting facts, if they were actually It is the experts who say it throws it Well, it is very nice that ObamaCare addressing real facts; instead, it is into a death spiral. It is the experts mandates that every person must buy a nothing but angry rhetoric. who say it in conservative think tanks My friend from Oregon described re- full-fledged Cadillac plan with all the and in liberal think tanks. So what pealing ObamaCare and empowering coverage in the world. The problem is, does he have to say? We have some- consumers and lowering premiums as there are millions of people who can’t thing from the Trump team that says ‘‘wealth care.’’ Well, there is an irony afford it. Not only can they not afford it is OK—not a CBO score because he is in that; in that, No. 1, roughly half of it, they get fined by the IRS because afraid it will show it makes it worse the people paying the IRS fines are they can’t afford it. My friend from Or- than the existing bill. making less than $25,000 a year. It is So let’s talk about real facts. Next egon said not a word about the 6.5 mil- the Democrats who are fining low-in- time, don’t bring in a political statistic lion people being fined by the IRS, come people. from the Trump team. Let’s get a CBO roughly 50 percent of whom make No. 2, do you know who agrees with score on this. Then let’s have that de- $25,000 a year or less. the Democrats on this? The insurance bate. You had plenty of time to get it It is interesting that Democrats are companies. Indeed, my friend from Or- and you didn’t get it. advocating fining people who make egon was reading from the insurance This is a terrible amendment. We $25,000 a year or less because they can’t companies. Why have the top 10 insur- must defeat it. afford insurance. And what they say is: ance companies had their profits dou- Mr. CRUZ. Will the Senator from Or- Look, we are going to fine you until ble? Because of the Democrats’ man- egon yield for a question? you can afford to buy the full Cadillac date you have to buy their products. Mr. MERKLEY. I believe my col- plan. Well, you know what, if you are a Do you know where the Democrats and league has the remainder of the time. young woman, you are 28 years old, you the insurance companies agree? None The PRESIDING OFFICER. The Sen- are just starting your career, you are of them want premiums to lower. ator from Washington. making $30,000 a year, you may not be Of course, the insurance companies Mrs. MURRAY. Mr. President, de- able to afford the full Cadillac plan, don’t want more competition, more op- spite all Senate Republican leaders’ ef- but you might like some coverage. You tions, and your premiums going down. forts to keep this mean bill hidden might like catastrophic coverage. So if They want to stick it to you as much from public view, patients and families you get a cold, you break your arm, as they can. Sadly, I don’t understand know the truth. you cover that out of your health sav- why, but the Democrats are standing This legislation would cause families’ ings account perhaps. But if, God for- arm in arm with the insurance compa- healthcare costs to spike. It will gut bid, you get some terrible disease or nies, saying their profits need to in- Medicaid, and it will deny tens of mil- hit by a truck, you would like to have crease even more. I don’t know, maybe lions of people their healthcare cov- an insurance policy. they cynically believe eventually it erage. It will defund Planned Parent- Sadly, our friends the Democrats say will push it to single-payer socialized hood and take away critical healthcare that you are out of luck. If you can’t medicine. I don’t know why they do it, services that women and men rely on, pay for the full-fledged Cadillac, you but what is wealth care is ObamaCare especially in our rural areas where it is get nothing. They think your choices fattening the insurance companies at already hard enough to get the care are junk insurance. the expense of working men and you need. TrumpCare would also com- Remember when Barack Obama said women. pletely pull the rug out from under pa- that if you like your insurance plan, Facts matter, and if our friends on tients with preexisting conditions. I you can keep it? Well, listen to how the the Democratic side of the aisle want could go on. Democrats have moved today. If they to raise accusations, they need to stay I hope every one of my colleagues don’t like your insurance plan, you in the realm of reality and deal with joins me in voting against this awful can’t keep it. If they think your plan is actual facts: You want lower pre- legislation, but this vote is far from junk, you can’t keep it, and they are miums, you want more choices, more the last time Senate Republicans need going to fine you through the IRS. I options, more competition. You want to reject TrumpCare, if they are really think you know better what your fam- higher premiums, you want fewer serious about protecting patients and ily wants. choices, less options, less competition. families from the damage it would do, The consumer freedom amendment That is what ObamaCare does, and it is because if any version of this awful bill doesn’t take away a single choice. If why millions of people are hurting and leaves the Senate, extreme Repub- you like the ObamaCare plans, they are frustrated. It is why today is an impor- licans in the House are going to do ev- still on the market with all of those tant day. erything they can to make it even

VerDate Sep 11 2014 05:09 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.037 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4183 more damaging—and anyone who be- Three-fifths of the Senators duly cho- (1) are within the jurisdiction of such com- lieves differently is refusing to see the sen and sworn not having voted in the mittee; and writing on the wall. affirmative, the motion is rejected. (2) provide a tax credit to small businesses I urge my Democratic and Repub- The point of order is sustained and for each employee enrolled in their health plan who is 50 years of age or older. lican colleagues to vote against this the amendment falls. MOTION TO COMMIT WITH INSTRUCTIONS bill and every other version of it that The PRESIDING OFFICER. The Sen- ator from Wyoming. Ms. Klobuchar moves to commit the bill we are going to see in the coming hours H.R. 1628 to the Committee on Finance with and days. AMENDMENT NO. 271 TO AMENDMENT NO. 267 instructions to report the same back to the Mr. President, I yield back all of our (Purpose: Of a perfecting nature.) Senate in 3 days, not counting any day on time. Mr. ENZI. Mr. President, I call up the which the Senate is not in session, with The PRESIDING OFFICER. Is all Paul amendment No. 271. changes that— time yielded back? The PRESIDING OFFICER. The (1) are within the jurisdiction of such com- The Senator from Washington. mittee; and clerk will report. (2) would help rural hospitals stay open, Mrs. MURRAY. Mr. President, I raise The senior assistant legislative clerk a point of order that the pending maintain emergency room care, and provide read as follows: access to outpatient services. amendment violates section 311(a)(2)(B) The Senator from Wyoming [Mr. ENZI], for of the Congressional Budget Act of Ms. KLOBUCHAR. Mr. President, I Mr. PAUL, proposes an amendment numbered ask unanimous consent that the text of 1974. 271 to amendment No. 267. The PRESIDING OFFICER. The Sen- my motion to commit be printed in the Mr. ENZI. I ask unanimous consent RECORD. ator from Texas. that the reading of the amendment be There being no objection, the mate- Mr. CRUZ. Mr. President, pursuant dispensed with. rial was ordered to be printed in the to section 904 of the Congressional The PRESIDING OFFICER. Without RECORD, as follows: Budget Act of 1974 and the waiver pro- objection, it is so ordered. Ms. Klobuchar moves to commit the bill visions of applicable budget resolu- (The amendment is printed in today’s H.R. 1628 to the Committee on Finance with tions, I move to waive all applicable RECORD under ‘‘Text of Amendments.’’) instructions to report the same back to the sections of that act and applicable The PRESIDING OFFICER. The Sen- Senate in 3 days, not counting any day on budget resolutions for purposes of ator from Indiana. which the Senate is not in session, with changes that— amendment No. 270 and, if adopted, for MOTION TO COMMIT (1) are within the jurisdiction of such com- the provisions of the adopted amend- Mr. DONNELLY. Mr. President, I ment included in any subsequent mittee; and have a motion to commit at the desk. (2) repeal the noninterference clause under amendment to H.R. 1628 and any The PRESIDING OFFICER. The the Medicare part D prescription drug pro- amendment between Houses or con- clerk will report the motion. gram in order to allow the Secretary of ference report thereon, and I ask for The senior assistant legislative clerk Health and Human Services to negotiate for the yeas and nays. read as follows: the best possible price for prescription drugs. The PRESIDING OFFICER. Is there a MOTION TO COMMIT WITH INSTRUCTIONS Mr. PETERS. Mr. President, I intend sufficient second? The Senator from Indiana [Mr. Donnelly] to move to commit the bill H.R. 1628 to There appears to be a sufficient sec- moves to commit the bill H.R. 1628 to the the Committee on Finance with in- ond. Committee on Finance with instructions to structions to report the same back to The question is on agreeing to the report the same back to the Senate in 3 days, the Senate in 3 days, not counting any motion. not counting any day on which the Senate is day on which the Senate is not in ses- The clerk will call the roll. not in session, with changes that— sion, with changes that, The legislative clerk called the roll. (1) are within the jurisdiction of such com- No. 1, are within the jurisdiction of The yeas and nays resulted—yeas 43, mittee; and such committee; and, No. 2, would en- (2) strike provisions that will— nays 57, as follows: (A) reduce or eliminate benefits or cov- sure that the bill does not increase [Rollcall Vote No. 168 Leg.] erage for individuals who are currently eligi- costs, reduce benefits, or eliminate YEAS—43 ble for Medicaid; health coverage for any veteran or de- Alexander Flake Roberts (B) prevent or discourage a State from ex- pendent of a veteran enrolled in tradi- Barrasso Gardner Rounds panding its Medicaid program to include tional Medicaid, expanded Medicaid, or Blunt Grassley Rubio groups of individuals or types of services a qualified health plan offered through Boozman Hatch Sasse that are optional under current law; or an exchange. Burr Hoeven Scott (C) shift costs to States to cover this care. I am offering this motion because the Capito Inhofe Shelby Ms. KLOBUCHAR. Mr. President, I legislation as written could harm mil- Cassidy Isakson Strange Cochran Johnson Sullivan ask unanimous consent that the text of lions of veterans and their dependents Cornyn Kennedy Thune my motions to commit be printed in currently enrolled in traditional Med- Crapo Lankford Tillis icaid, expanded Medicaid, and ACA ex- Cruz McCain the RECORD. Toomey Daines McConnell There being no objection, the mate- change plans. The following Senators Enzi Perdue Wicker rial was ordered to be printed in the support my motion to commit: Young Ernst Portman RECORD, as follows: DUCKWORTH, STABENOW, CARPER, Fischer Risch MOTION TO COMMIT WITH INSTRUCTIONS WHITEHOUSE, SHAHEEN, BLUMENTHAL, NAYS—57 Ms. Klobuchar moves to commit the bill HIRONO, REED, DURBIN and BALDWIN. I Baldwin Gillibrand Murkowski H.R. 1628 to the Committee on Finance of the ask unanimous consent that the full Bennet Graham Murphy Senate with instructions to report the same text of my motion to commit be print- Blumenthal Harris Murray back to the Senate in 3 days, not counting ed in the RECORD. Booker Hassan Nelson any day on which the Senate is not in ses- Brown Heinrich Paul There being no objection, the mate- Cantwell Heitkamp Peters sion, with changes that— rial was ordered to be printed in the Cardin Heller Reed (1) are within the jurisdiction of such com- RECORD, as follows: Carper Hirono Sanders mittee; and Mr. Peters moves to commit the bill H.R. Casey Kaine Schatz (2) provide a tax credit to individuals who 1628 to the Committee on Finance with in- Collins King Schumer do not qualify for the credit under section Coons Klobuchar Shaheen structions to report the same back to the 36B of the Internal Revenue Code of 1986 Senate in 3 days, not counting any day on Corker Leahy Stabenow equal to 25 percent of the premiums for Cortez Masto Lee Tester which the Senate is not in session, with Cotton Manchin Udall health insurance paid by such individuals changes that— Donnelly Markey Van Hollen during the taxable year. (1) are within the jurisdiction of such Com- Duckworth McCaskill Warner MOTION TO COMMIT WITH INSTRUCTIONS mittee; and Durbin Menendez Warren Ms. Klobuchar moves to commit the bill (2) would ensure that the bill does not in- Feinstein Merkley Whitehouse Franken Moran Wyden H.R. 1628 to the Committee on Finance of the crease costs, reduce benefits, or eliminate Senate with instructions to report the same health coverage for any veteran or dependent The PRESIDING OFFICER (Mr. back to the Senate in 3 days, not counting of a veteran enrolled in traditional Medicaid, YOUNG). On this vote, the yeas are 43, any day on which the Senate is not in ses- expanded Medicaid, or a qualified health the nays are 57. sion, with changes that— plan offered through an Exchange.

VerDate Sep 11 2014 06:27 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.039 S25JYPT1 S4184 CONGRESSIONAL RECORD — SENATE July 25, 2017 The PRESIDING OFFICER. The Sen- also depicts her work beyond that of a College professor and director of its Museum ator from Wyoming. pastoralist, with self-portraits and of Art. paintings inspired by her personal ex- But the surprisingly personal ‘‘Sabra f Field, Then and Now: A Retrospective’’ on ploration of spirituality, mythology, MORNING BUSINESS campus through Aug. 13 reveals as much the cosmos, world history, and life about her private struggles as her profes- Mr. ENZI. Mr. President, I ask unani- after death. sional success. mous consent that the Senate be in a These images and others reveal the ‘‘THE DIRECTION OF ONE’S WISHES’’ period of morning business, with Sen- often somber trials of Ms. Field’s life. Field, born in Oklahoma and raised in New ators permitted to speak therein for up They also expose the ways in which her York, first came to Vermont in 1953 to at- to 10 minutes each. artistry has helped her heal and grow tend Middlebury, where she graduated 60 The PRESIDING OFFICER. Without over time. Ms. Field is hoping this new years ago /(‘‘I went to Middlebury because objection, it is so ordered. exhibit will help avoid her being known there was no math requirement,’’ she con- f as purely a pastoralist, as she feels her fides in the show’s catalog). She has given art is both an expression of beauty and the college an archive copy of every print TRIBUTE TO SABRA FIELD she has ever created. a representation of the obstacles and Writing her own captions, the artist uses Mr. LEAHY. Mr. President, Vermont rebounds of her life. is a place of natural, exquisite beauty. the 100-work exhibit to chronicle her career, Marcelle and I would like to con- starting with a 1971 image of swaying green From the expansive, rolling Green gratulate Sabra on her new exhibit at stripes titled ‘‘Grass.’’ Mountains, to the crystal shores of Middlebury College and on her career ‘‘My first ‘home run,’ ’’ she notes. ‘‘I inad- Lake Champlain, Vermont is home to of record accomplishments. Her treas- vertently hit a universal theme that got cop- some of the most iconic geographic ured paintings have long been a gift to ied and got me to begin registering work scenery our country has to offer. I am Vermont and the world, and we know with the .’’ so proud to call Vermont my home. On another wall, Field’s 2001 ‘‘Eastern her work’s timeless beauty will tell Mountains’’ features a more detailed land- Vermont is also continually ranked stories for generations to come. Our as having the most artists per capita scape of emerald, turquoise and gold. home proudly displays many of her ‘‘The trip from coastal Maine to Vermont than any other State. Our many art- works of art. We are so proud to call crosses the White Mountains in New Hamp- ists—writers, photographers, painters, Sabra our dear friend. shire and gives a view of the Upper Valley sculptors, potters, and more—help cap- I ask unanimous consent that a copy perhaps not as broad and agricultural as in ture the iconic beauty that has long of the article ‘‘Sabra Field Show Re- my dreams,’’ she writes. ‘‘Memory alters in made Vermont a destination for visi- the direction of one’s wishes.’’ veals Personal Peaks and Valleys,’’ ‘‘Eastern Mountains’’ proves the point. tors from across the country and published in the Vermont Digger on around the world. One such artist, Field began the first proofs on Sept. 11, 2001, July 16, 2017, be printed in the RECORD. just before seeing television coverage of that Sabra Field, is among the most gifted There being no objection, the mate- day’s terrorist attacks. and extraordinary of them. rial was ordered to be printed in the Every peak in this artist’s world is framed Sabra first came to Vermont in 1953 RECORD, as follows: by valleys, the exhibit shows. Consider the to attend Middlebury College. An Okla- 1960 work ‘‘Daisies.’’ [From Vermont Digger, July 16, 2017] homa native, she has since been lauded ‘‘This was published as a print and also as as a ‘‘Vermont Living Treasure.’’ Per- SABRA FIELD SHOW REVEALS PERSONAL a hand-printed greeting card,’’ she explains, PEAKS AND VALLEYS haps most well-known for her vivid ‘‘an enterprise found to be hugely unprofit- landscapes, Ms. Field’s impressive and (By Kevin O’Connor) able.’’ MIDDLEBURY.—The first words of a new ex- Next comes a 1969 self-portrait Field pro- iconic paintings are now of signature duced after leaving her first marriage. familiarity across our State and be- hibit celebrating one of Vermont’s most rec- ognized artists sum up the seeming dilemma: ‘‘I divorced and moved from a Connecticut yond. Any Vermonter who sees a paint- ‘‘What can one say about Sabra Field’s work prep school,’’ she notes, ‘‘to an old tavern in ing of purple mountain majesties that has not already been said?’’ rural Vermont.’’ against a starry, blue night sky knows Plenty, the 82-year-old printmaker soon Then again, every valley in this artist’s they are looking at one of her paint- proves. Take her 1962 illustration of a family world is followed by peaks. That two-cen- ings. In 1991, Sabra was commissioned of sunny, smiling hippos. tury-old structure, in the Windsor County ‘‘Here is the birth announcement for my settlement of East Barnard, is where Field by the U.S. Postal Service to create a began to design, draw and cut the woodblock postage stamp of a red barn, blue sky, first child, Barclay Giddings Johnson III, ‘Clay’ for short,’’ she writes in an accom- prints that have sustained her for the past 50 and green hills, a stamp which sold panying caption. ‘‘He was a handsome boy, a years. more than 60 million copies. She has fearless skier, full of the joy of life, loved ‘‘I became part of a different culture where also designed images for IBM, the and admired by adults and kids alike. Hit by I could live and work at home in a quiet Rockefeller Center, and UNICEF. a car just short of his 10th birthday, he died hamlet that was good for kids and without Yet what most suspect only to be Ms. two days later.’’ pretense,’’ she continues in the caption. Field’s effort to capture Vermont’s im- Next comes a 1965 self-portrait featuring ‘‘Here I am sitting in front of my window overlooking a dirt road with alfalfa on the pressive geography may be surprised to more shadows than light. ‘‘This is me the year I grew up, age 30,’’ she other side and a quote from George Weld on discover that the meaning behind her the window frame that reads ‘Therefore artwork spans much further. In a new writes, ‘‘when my parents died within a week of each other.’’ Choose Life.’ ’’ exhibit of Sabra’s six-decade long ca- Then there’s the 2011 panorama ‘‘Sea, ‘‘LIKE ARTISTS ALWAYS HAVE BEEN’’ reer, showcased by the Middlebury Col- Sand, Stones’’ that Field composed while Field’s subsequent 1972 suite of prints de- lege Museum of Art, her artistry takes visiting Hawaii with her husband. picting the words of the 23rd Psalm allowed on a deeper meaning, as told by the ‘‘Spen died suddenly on our favorite island, her to mark the death of her firstborn son artist herself. Kauai, from complications dating back to through images ranging from a wintry day The Middlebury exhibit showcases cancer seven years earlier,’’ she writes. ‘‘A (‘‘Yea, though I walk through the valley of some of Ms. Field’s most iconic pieces, set of these prints now hangs in Wilcox Me- the shadow of death, I will fear no evil’’) to with each painting accompanied by a morial Hospital in Lihue in Spen’s memory. a starry summer night (‘‘Surely goodness The ER doctor who tried so hard to save him and mercy will follow me all the days of my description of the memory or inspira- has become a good friend.’’ life’’). tion behind it. For instance, in a cap- Most Vermonters think of Field for works As writer Nancy Price Graff notes in an tion situated under an illustration of a as colorful and carefree as the red barn, blue essay that anchors the exhibit’s catalog: family of hippopotamuses, Sabra writes sky and green hills she created for a 1991 U.S. ‘‘For the first time, she turned to Vermont’s of her first child who was hit by a car postage stamp that sold more than 60 million landscape to illustrate humankind’s spir- just short of his 10th birthday and died copies. itual connection to nature and nature’s ca- tragically 2 days later. In a 2011 pano- ‘‘Over the course of her career she has re- pacity to heal those who give themselves to rama painted of Hawaii, she captions ceived any number of accolades, and has it.’’ been variously described as ‘the Grant Wood Adds Saunders: ‘‘While on the one hand she the story of the passing of her late hus- of Vermont,’ ‘the artist laureate of has been accused by some of sanitizing the band, Spencer, who passed away on his Vermont,’ and as someone who ‘has touched world and removing the nitty-gritty details favorite island of Kauai from complica- more lives than any Vermont artist in his- that surround us, others would say this is a tions related to cancer. The exhibit tory,’ ’’ says Richard Saunders, a Middlebury natural part of a desire to see beyond the

VerDate Sep 11 2014 06:27 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.041 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4185 mundane and urge us to sense the spir- Field,’’ that plays as part of the show. lated to healthcare reform. The author- itualism that surrounds us.’’ ‘‘Sabra felt economically comfortable ity to adjust is contingent on the legis- And Field: ‘‘I know I see Vermont through enough to focus on possibly nonmarketable lation not increasing the deficit over rose-colored glasses. I know what dire pov- subjects.’’ the period of the total of fiscal years erty we suffer here. But I guess I am like art- But however far she strays, Field always ists always have been. They want to see returns to her roots. Consider the recently 2017–2026. things at their best.’’ completed ‘‘Cloud Way,’’ which she deems I find that S. Amdt. 267 fulfills the As an example, the artist pictures herself the retrospective’s signature image. conditions of deficit neutrality found in a 1988 self-portrait working in front of a ‘‘Believe me when I tell you I did the (prep- in section 3001 of S. Con. Res. 3. Ac- seemingly limitless horizon. aration) to begin this print while on holiday cordingly, I am revising the allocations ‘‘Reagan started a recession, sales started in Sicily,’’ she writes. ‘‘I was homesick for to the Committee on Finance, the to slump,’’ she confides in the caption. ‘‘An the stretch of the White River along which I Committee on Health, Education, amazing start up, The Mountain School of travel to reach the coop in South Royalton.’’ Milton Academy, hired me to teach gifted The show also includes illustrations from Labor, and Pensions, HELP, and the high school juniors a few days a week and her new children’s book ‘‘Where Do They budgetary aggregates to account for the commute to Vershire, Vermont, was so Go?’’—which the artist, joined by writer the budget effects of the amendment. I beautiful it resulted in many new prints.’’ Julia Alvarez, will discuss July 29 at Wood- am also adjusting the unassigned to (The self-portrait, its subject adds, fea- stock’s Bookstock literary festival. committee savings levels in the budget tures a ‘‘fabulous Ralph Lauren red suede The latter work ‘‘gently addresses the resolution to reflect that, while there skirt I remembered trying on in New York emotional side of death,’’ its publisher are savings in the amendment attrib- City’’ but ultimately never buying.) states. But Field is aggressive in not letting utable to both the HELP and Finance The exhibit includes several landscapes age stop her creativity. The exhibit features that viewers may recognize from cards, cal- a recent work titled ‘‘Floating Woman.’’ committees, the Congressional Budget endars and Vermont PBS pledge drives. ‘‘One morning I woke with a dream of Office and Joint Committee on Tax- ‘‘I believe prints are a popular art form, floating up to the heavens,’’ she writes. ‘‘I ation are unable to produce unique es- meant for collectors of modest incomes, as walked into the studio and made a little timates for each provision due to inter- well as those who can spend a lot,’’ the artist drawing.’’ actions and other effects that are esti- explains. ‘‘It’s been that way since the first Another self-portrait, she realized. mated simultaneously. woodblock prints were sold to pilgrims as ‘‘Mortality? Resurrection? Life after life? I ask unanimous consent that the ta- souvenirs at the shrines of Europe in Medie- You tell me.’’ val times.’’ Field caps her show with a 50-year-old bles, which provide details about the But Field’s art wasn’t always seen as mar- print that quotes the late scribe James Bald- adjustment, be printed in the RECORD. ketable. Take the story behind her 1977 win. There being no objection, the mate- ‘‘Mountain Suite.’’ ‘‘My future was doubtful that summer of rial was ordered to be printed in the ‘‘Vermont Life magazine requested a sea- 1967,’’ she writes in the caption. ‘‘These RECORD, as follows: sonal suite to sell,’’ she writes. ‘‘Then they words by a black American writer living in declined to buy them from me.’’ Paris described this white American BUDGET AGGREGATES The artist went on to distribute the four printmaker in New England, and they still BUDGET AUTHORITY AND OUTLAYS images herself. (On her website they now sell do: ‘It seems to me that one ought to rejoice for $250 each.) Vermont Life, for its part, (Pursuant to Section 311 of the Congressional Budget Act of 1974 and Sec- in the fact of death, ought to decide indeed tion 3001 of S. Con. Res. 3, the Concurrent Resolution on the Budget for profiled her in 1979 and put one of her prints to earn one’s death by confronting with pas- Fiscal Year 2017) on its cover in 1986. sion the conundrum of life.’ ’’ $s in millions 2017 ‘‘LIFE AFTER LIFE? YOU TELL ME’’ f Success has allowed Field to travel the Current Aggregates: world and take creative chances. Her 12- BUDGETARY REVISIONS Spending: panel ‘‘Pandora Suite,’’ depicting the Greek Budget Authority ...... 3,329,289 Mr. ENZI. Mr. President, section 3001 Outlays ...... 3,268,171 myth of the first goddess to appear in human of S. Con. Res. 3, the Concurrent Reso- Adjustments: form, came in response to the United States’ lution on the Budget for Fiscal Year Spending: 2003 invasion of Iraq. Budget Authority ...... ¥4,100 2017, allows the chairman of the Senate Outlays ...... ¥4,500 ‘‘Her work has changed so much over Revised Aggregates: time,’’ the artist’s brother, Tony Harwood, Budget Committee to revise the alloca- Spending: says in an hour long documentary, ‘‘Sabra: tions, aggregates, and levels in the Budget Authority ...... 3,325,189 Outlays ...... 3,263,671 The Life & Work of Printmaker Sabra budget resolution for legislation re- BUDGET AGGREGATE REVENUES (Pursuant to Section 311 of the Congressional Budget Act of 1974 and Section 3001 of S. Con. Res. 3, the Concurrent Resolution on the Budget for Fiscal Year 2017)

$s in millions 2017 2017–2021 2017–2026

Current Aggregates: Revenue ...... 2,682,088 14,498,573 32,351,660 Adjustments: Revenue ...... ¥6,200 ¥305,300 ¥891,500 Revised Aggregates: Revenue ...... 2,675,888 14,193,273 31,460,160

REVISION TO ALLOCATION TO THE COMMITTEE ON FINANCE (Pursuant to Section 302 of the Congressional Budget Act of 1974 and Section 3001 of S. Con. Res. 3, the Concurrent Resolution on the Budget for Fiscal Year 2017)

$s in millions 2017 2017–2021 2017–2026

Current Allocation: Budget Authority ...... 2,277,203 13,101,022 31,274,627 Outlays ...... 2,262,047 13,073,093 31,233,186 Adjustments: Budget Authority ...... ¥200 ¥1,000 13,600 Outlays ...... ¥200 ¥1,000 13,600 Revised Allocation: Budget Authority ...... 2,277,003 13,100,022 31,288,227 Outlays ...... 2,261,847 13,072,093 31,246,786

REVISION TO ALLOCATION TO THE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS (Pursuant to Section 302 of the Congressional Budget Act of 1974 and Section 3001 of S. Con. Res. 3, the Concurrent Resolution on the Budget for Fiscal Year 2017)

$s in millions 2017 2017–2021 2017–2026

Current Allocation: Budget Authority ...... 17,204 90,282 176,893 Outlays ...... 15,841 89,820 183,421 Adjustments: Budget Authority ...... 400 ¥1,000 ¥9,200

VerDate Sep 11 2014 05:23 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.022 S25JYPT1 S4186 CONGRESSIONAL RECORD — SENATE July 25, 2017 REVISION TO ALLOCATION TO THE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS—Continued (Pursuant to Section 302 of the Congressional Budget Act of 1974 and Section 3001 of S. Con. Res. 3, the Concurrent Resolution on the Budget for Fiscal Year 2017)

$s in millions 2017 2017–2021 2017–2026

Outlays ...... 0 500 ¥6,000 Revised Allocation: Budget Authority ...... 17,604 89,282 167,693 Outlays ...... 15,841 90,320 177,421

REVISION TO ALLOCATION TO THE UNASSIGNED COMMITTEE (Pursuant to Section 302 of the Congressional Budget Act of 1974 and Section 3001 of S. Con. Res. 3, the Concurrent Resolution on the Budget for Fiscal Year 2017)

$s in millions 2017 2017–2021 2017–2026

Current Allocation: Budget Authority ...... ¥844,671 ¥4,649,869 ¥10,724,965 Outlays ...... ¥835,437 ¥4,608,689 ¥10,648,885 Adjustments: Budget Authority ...... ¥4,300 ¥364,900 ¥1,432,100 Outlays ...... ¥4,300 ¥364,900 ¥1,432,100 Revised Allocation: Budget Authority ...... ¥848,971 ¥5,014,769 ¥12,157,065 Outlays ...... ¥839,737 ¥4,973,589 ¥12,080,985

TRIBUTE TO SCOTT ALVAREZ the board and throughout the govern- vocate and spokeswoman for autism Mr. CRAPO. Mr. President, today the ment, Mr. Alvarez played an important awareness. She has published countless Senator from Ohio and I wish to speak role in developing and articulating the books about living with autism and has about Scott Alvarez, general counsel of legal dimensions to virtually every ini- been recognized on the Time Maga- the Board of Governors of the Federal tiative taken by the Federal Reserve to zine’s Top 100 Most Influential People Reserve System. address the crisis. under the ‘‘Heroes’’ category. She has Mr. Alvarez is retiring after a 36–year Mr. Alvarez also worked closely with received honorary doctorate degrees career with the Board of Governors, in- Congress during consideration of the from 13 universities across the country cluding the last 12 as general counsel. Dodd-Frank Wall Street Reform and and around the world. Dr. Grandin has He joined the board’s legal division in Consumer Protection Act and played a also received numerous industry 1981, immediately after graduating crucial role in implementing awards for her significant contribu- from Georgetown Law School, and rulemakings required of the Federal tions to agriculture, as well as her ad- worked as a staff attorney on bank reg- Reserve by Dodd-Frank. I am particu- vocacy for autism awareness. ulatory issues for many years, until he larly grateful for the work he did to Dr. Grandin has undoubtedly left a was named general counsel in 2004. implement strong rules to increase the lasting impression on the animal In that role, he served as a key ad- capital and leverage requirements for sciences and autism advocacy. I con- viser to Chairmen Greenspan and the Nation’s largest banks—a nec- gratulate her induction into the pres- Bernanke and Chair Yellen. essary and critical step after the cri- tigious National Women’s Hall of Fame He was also general counsel of the and again wish Dr. Grandin a very sis—and the work that he did with my ∑ Federal Open Market Committee, and office in making one of the first sub- happy birthday. he was the chief lawyer in carrying out stantive amendments to Dodd-Frank f some of the Fed’s other roles, including related to capital standards for insur- TRIBUTE TO JAKOB HELLER overseeing the payments system and ance companies. ∑ Mr. HELLER. Mr. President, today I issuing currency. Scott Alvarez has served the Federal wish to recognize my nephew, Jakob I have enjoyed working with Mr. Al- Reserve and the American people with Heller, on his upcoming achievement of varez over the years and have appre- great distinction and deserves thanks becoming an Eagle Scout, one of the ciated the insights and feedback he has for a job well done. highest honors in the Boy Scouts. On provided to me and the Banking Com- f August 2, 2017, Jakob officially be- mittee. ADDITIONAL STATEMENTS comes an Eagle Scout, which serves as On a personal note, his help was par- a symbol of his dedication to the ticularly valuable in 2006, when the Scouts’ mission of creating responsible, Senate passed the Financial Services TRIBUTE TO DR. TEMPLE participating citizens and leaders. Regulatory Relief Act of 2006, which GRANDIN In order to become an Eagle Scout, was then signed into law by President Jakob completed tests and earned ∑ Mr. GARDNER. Mr. President, Bush. merit badges that required mastering today I wish to honor Dr. Temple I want to thank Mr. Alvarez for his specific outdoor skills and providing Grandin’s induction into the National assistance on that bill and others and services to his community. He also for his service to the Federal Reserve Women’s Hall of Fame. Dr. Grandin is demonstrated a commitment to his and to the country. an internationally recognized leader team and the Boy Scout mission and Mr. BROWN. Mr. President, I want to for her work in animal sciences and au- oath. echo the comments of the senior Sen- tism awareness. I would also like to Jakob comes from a military family, ator from Idaho, the chairman of the wish Dr. Grandin a happy 70th birth- and like many military families, they Banking Committee, and thank Mr. Al- day. are constantly on the move. Jakob’s fa- varez for his service at the Federal Re- Dr. Grandin has contributed im- ther served in the U.S. Navy, and after serve. mensely to the study of animal retirement, he moved his family to I specifically want to thank him for sciences and the agriculture industry. southern West Virginia where they his service during the financial crisis She has been an esteemed college pro- have been living for the last 5 years. I of 2008. Our country faced daunting fessor at Colorado State University for am happy to note that, following his challenges during that period, and the more than 20 years, and much of her re- Eagle Scout ceremony, Jakob and his Federal Reserve and the government’s search and inventions have become family will be moving to Carson City, response to the financial crisis was not standard industry procedure, like hu- NV, where his grandparents and ex- an easy undertaking. mane cattle slaughter. She began her tended family anxiously await his ar- The crisis demanded great effort and career in the early 1970s and was one of rival. ingenuity from many people. It re- only a handful of women working in Jakob is a talented young man who quired close coordination across the ex- animal sciences. She paved the way for excels academically and participates in ecutive branch, the regulatory agen- other women to thrive in this industry. a number of extracurricular activities. cies, Congress, and the private sector. In addition to her professorship, Dr. In addition to his academic accom- Working with key decisionmakers at Grandin has become a well-known ad- plishments, he is a gifted musician who

VerDate Sep 11 2014 06:27 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.039 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4187 plays the trumpet in the marching which commemorates the January 1813 from the President of the United band and the French horn in the battles of the . The battles States submitting sundry nominations school’s concert band. He is also a marked one of the greatest defeats for which were referred to the appropriate member of the cross-country team and the United States during the war, and committees. participates in track and field, where the rally cry, ‘‘Remember the Raisin’’ (The messages received today are he shines in sprint relays, hurdle inspired support for the rest of the war. printed at the end of the Senate pro- events, and the long jump. His ability I was honored to help lead the effort in ceedings.) to balance school, athletics, and Boy Congress with Congressman Dingell f Scouts is truly remarkable. and Senator Levin to pass the legisla- MESSAGES FROM THE HOUSE Furthermore, Jakob is preparing for tion that made the park part of the Na- a future in computer programming. tional Park System. The park has now At 12:29 p.m., a message from the House of Representatives, delivered by Like many kids his age, he loves play- become an economic driver, attracting Mr. Novotny, one of its reading clerks, ing video games and is interested in be- economic development to the sur- announced that the House has passed coming a video game programmer. Ad- rounding area. the following bills, in which it requests ditionally, he is part of his school’s ro- Monroe County is also home to La-Z- the concurrence of the Senate: botics club and programs robots to Boy Furniture, the inventers of the H.R. 282. An act to amend the compete in challenging competitions. world’s first reclining chair. The com- With such extensive experience at a Servicemembers Civil Relief Act to author- pany was founded in 1927 and employs ize spouses of servicemembers to elect the young age, I am confident Jakob will more than 6,300 people nationwide. The same residences as the servicemembers. have a bright future as a computer pro- corporate headquarters is still based in H.R. 1058. An act to amend title 38, United grammer. Monroe. States Code, to clarify the role of podiatrists Jakob is responsible and dependable One of the most famous Monroe in the Department of Veterans Affairs, and and understands the importance of his for other purposes. County residents is General George H.R. 1690. An act to amend title 38, United family, friends, and community. Boy Armstrong Custer, who spent much of Scouts has had a positive impact on his States Code, to require the Secretary of Vet- his life in Monroe. One of the youngest erans Affairs to submit an annual report re- life, and I know that he will serve as an Americans to ever be promoted to brig- garding performance awards and bonuses excellent role model for other members adier general, Custer is known for his awarded to certain high-level employees of of his family and friends. successes during the Civil War and his the Department of Veterans Affairs. In closing, I ask my colleagues and H.R. 1848. An act to direct the Secretary of all Nevadans to join me in congratu- death at the Battle of the Little Big- Veterans Affairs to carry out a pilot pro- lating this new Nevada resident, my horn, also known as Custer’s Last gram on the use of medical scribes in Depart- nephew Jakob Heller. I cannot be more Stand. ment of Veterans Affairs medical centers, As a leader of the Senate Agriculture and for other purposes. proud of this young man, and I look H.R. 2006. An act to amend title 38, United forward to witnessing his many con- Committee, I am especially proud of Monroe County’s agricultural heritage. States Code, to improve the procurement tributions to our community in the practices of the Department of Veterans Af- years ahead.∑ The county has over 270 historic fairs, and for other purposes. farms—the most of any county in f H.R. 2056. An act to amend the Small Busi- Michigan. ness Act to provide for expanded participa- TRIBUTE TO PAUL KASTER Numerous events and celebrations tion in the microloan program, and for other ∑ Mr. ROBERTS. Mr. President, today have been planned in the county purposes. throughout the year to mark this spe- H.R. 2333. An act to amend the Small Busi- I wish to recognize the distinguished ness Investment Act of 1958 to increase the accomplishment of Kansan Paul Kaster cial milestone. Congratulations to amount of leverage made available to small on the occasion of his 2017 National Monroe County on 200 years of impres- business investment companies. Federation of Independent Business, sive history, growth, and success.∑ H.R. 2364. An act to amend the Small Busi- NFIB, Young Entrepreneur Award. f ness Investment Act of 1958 to increase the Mr. Kaster, of Leawood, KS, is the amount that certain banks and savings asso- founder and owner of Crooked Branch TRIBUTE TO DEVIN MARTIN ciations may invest in small business invest- Studio, which specializes in wood- ∑ ment companies, subject to the approval of Mr. THUNE. Mr. President, today I the appropriate Federal banking agency, and working. I ask that my colleagues join recognize Devin Martin, one of my for other purposes. me in recognizing Paul on his out- Washington, DC, interns, for all of the H.R. 2749. An act to amend title 38, United standing achievements. I wish him hard work he has done for me and my States Code, to improve the oversight of con- nothing but the best for his future en- staff at the Senate Republican Con- tracts awarded by the Secretary of Veterans trepreneurial and educational endeav- ference. Affairs to small business concerns owned and ors.∑ controlled by veterans, and for other pur- Devin is a graduate of Huntley High poses. f School in Huntley, IL. Currently, he is H.R. 2781. An act to direct the Secretary of MONROE COUNTY BICENTENNIAL attending the University of South Da- Veterans Affairs to certify the sufficient par- kota in Vermillion, SD, where he is ticipation of small business concerns owned ∑ Ms. STABENOW. Mr. President, majoring in journalism and political and controlled by veterans and small busi- today I wish to pay special tribute to science. Devin is a dedicated worker ness concerns owned by veterans with serv- Monroe County, MI, which is cele- who has been committed to getting the ice-connected disabilities in contracts under the Federal Strategic Sourcing Initiative, brating its bicentennial this year. most out of his experience. Located on the shores of Lake Erie, and for other purposes. I extend my sincere thanks and ap- Monroe County was founded on July 14, H.R. 3218. An act to amend title 38, United preciation to Devin Martin for all of States Code, to make certain improvements 1817. It is named in honor of President the fine work he has done and wish him in the laws administered by the Secretary of James Monroe, who visited the Michi- continued success in the years to Veterans Affairs, and for other purposes. gan Territory in August 1817, shortly come.∑ The message further announced that after the county’s founding. The coun- the Clerk of the House of Representa- f ty has the proud distinction of being tives request the Senate to return to the second county founded in Michi- MESSAGES FROM THE PRESIDENT the House the joint resolution (H.J. gan. Res. 76) granting the consent and ap- The people of Monroe are proud of Messages from the President of the United States were communicated to proval of Congress for the Common- their history. This history has inspired wealth of Virginia, the State of Mary- generations of hard-working and fierce- the Senate by Ms. Ridgway, one of his secretaries. land, and the District of Columbia to a ly independent people who are com- enter into a compact relating to the es- mitted to preserving their history, pro- f tablishment of the Washington Metro- tecting their natural resources, and in- rail Safety Commission. novating for their future. EXECUTIVE MESSAGES REFERRED Monroe County is home to the River As in executive session the Presiding At 5:34 p.m., a message from the Raisin National Battlefield Park, Officer laid before the Senate messages House of Representatives, delivered by

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.013 S25JYPT1 S4188 CONGRESSIONAL RECORD — SENATE July 25, 2017 Mr. Novotny, one of its reading clerks, accompanying papers, reports, and doc- Education, transmitting, pursuant to law, announced that the House has passed uments, and were referred as indicated: the report of a rule entitled ‘‘Elementary and Secondary Education Act of 1965, as the following joint resolution, in which EC–2289. A communication from the Senior Amended by the Every Student Succeeds it requests the concurrence of the Sen- Official performing the duties of the Under Act—Accountability and State Plans’’ Secretary of Defense (Acquisition, Tech- ate: ((RIN1810–AB27) (Docket No. ED–2016–OESE– nology and Logistics), transmitting, pursu- H.J. Res. 111. Joint resolution providing for 0032)) received in the Office of the President ant to law, a report entitled ‘‘Fiscal Year congressional disapproval under chapter 8 of of the Senate on July 19, 2017; to the Com- 2016 Operational Energy Annual Report’’; to title 5, United States Code, of the rule sub- mittee on Health, Education, Labor, and the Committees on Appropriations; and mitted by Bureau of Consumer Financial Pensions. Armed Services. Protection relating to ‘‘Arbitration Agree- EC–2300. A communication from the Chair, EC–2290. A communication from the Acting ments’’. Advisory Council on Alzheimer’s Research, Assistant Secretary of Defense (Legislative Care, and Services, transmitting, pursuant f Affairs), transmitting legislative proposals to law, a report that includes recommenda- relative to the ‘‘National Defense Authoriza- MEASURES REFERRED tions for improving federally and privately tion Act for Fiscal Year 2018’’; to the Com- funded Alzheimer’s programs; to the Com- The following bills were read the first mittee on Armed Services. mittee on Health, Education, Labor, and and the second times by unanimous EC–2291. A communication from the Gen- consent, and referred as indicated: Pensions. eral Counsel of the National Credit Union EC–2301. A communication from the Sec- H.R. 282. An act to amend the Administration, transmitting, pursuant to retary of Education, transmitting, pursuant Servicemembers Civil Relief Act to author- law, the report of a rule entitled ‘‘Civil Mon- to law, the report of a rule entitled ‘‘Teacher ize spouses of servicemembers to elect to use etary Penalty Inflation Adjustment’’ Preparations Issues’’ (RIN1840–AD07) re- the same residences as the servicemembers; (RIN3133–AE67) received in the Office of the ceived in the Office of the President pro tem- to the Committee on Veterans’ Affairs. President of the Senate on July 19, 2017; to pore of the Senate; to the Committee on H.R. 1058. An act to amend title 38, United the Committee on Banking, Housing, and Health, Education, Labor, and Pensions. States Code, to clarify the role of podiatrists Urban Affairs. EC–2302. A communication from the Chief in the Department of Veterans Affairs, and EC–2292. A communication from the Sec- of the Border Security Branch, Customs and for other purposes; to the Committee on Vet- retary of Commerce, transmitting, pursuant Border Protection, Department of Homeland erans’ Affairs. to law, the annual report on the activities of Security, transmitting, pursuant to law, the H.R. 1690. An act to amend title 38, United the U.S. Economic Development Administra- report of a rule entitled ‘‘Technical Amend- States Code, to require the Secretary of Vet- tion (EDA) for fiscal year 2016; to the Com- ments: Electronic Information for Cargo Ex- erans Affairs to submit an annual report re- mittee on Environment and Public Works. ported from the United States’’ (CBP Dec. garding performance awards and bonuses EC–2293. A communication from the Direc- 17–06) received in the Office of the President awarded to certain high-level employees of tor of Congressional Affairs, Office of Gen- of the Senate on July 10, 2017; to the Com- the Department of Veterans Affairs; to the eral Counsel, Nuclear Regulatory Commis- mittee on Homeland Security and Govern- Committee on Veterans’ Affairs. sion, transmitting, pursuant to law, the re- mental Affairs. H.R. 1848. An act to direct the Secretary of port of a rule entitled ‘‘Revision of Fee EC–2303. A communication from the Acting Veterans Affairs to carry out a pilot pro- Schedules; Fee Recovery for Fiscal Year Assistant Secretary of Defense (Legislative gram on the use of medical scribes in Depart- 2017’’ ((RIN3150–AJ73) (NRC–2016–0081)) re- Affairs), transmitting legislative proposals ment of Veterans Affairs medical centers, ceived in the Office of the President of the relative to the ‘‘National Defense Authoriza- and for other purposes; to the Committee on Senate on July 13, 2017; to the Committee on tion Act for Fiscal Year 2018’’; to the Com- Veterans’ Affairs. Environment and Public Works. mittee on Homeland Security and Govern- H.R. 2006. An act to amend title 38, United EC–2294. A communication from the Acting mental Affairs. States Code, to improve the procurement Assistant Secretary for Legislation, Depart- EC–2304. A communication from the Direc- practices of the Department of Veterans Af- ment of Health and Human Services, trans- tor of Regulation Policy and Management, fairs, and for other purposes; to the Com- mitting, pursuant to law, a report entitled Department of Veterans Affairs, transmit- mittee on Veterans’ Affairs. ‘‘Report to Congress on Ways to Improve ting, pursuant to law, the report of a rule en- H.R. 2056. An act to amend the Small Busi- Upon the Part D Appeal Process’’; to the titled ‘‘VA Veteran-Owned Small Business ness Act to provide for expanded participa- Committee on Finance. Verification Guidelines’’ (RIN2900–AP93) re- tion in the microloan program, and for other EC–2295. A communication from the Bu- ceived in the Office of the President of the purposes; to the Committee on Small Busi- reau of Legislative Affairs, Department of Senate on July 19, 2017; to the Committee on ness and Entrepreneurship. State, transmitting, pursuant to section H.R. 2333. An act to amend the Small Busi- Veterans’ Affairs. 36(c) of the Arms Export Control Act, the EC–2305. A joint communication from the ness Investment Act of 1958 to increase the certification of a proposed license for the ex- Interim Deputy Secretary of Veterans Af- amount of leverage made available to small port of defense articles, including technical fairs and the Senior Official performing the business investment companies; to the Com- data, and defense services to Australia to duties of the Under Secretary of Defense mittee on Small Business and Entrepreneur- support the P–8 Production, Sustainment, (Personnel and Readiness), transmitting, ship. and Follow-on Development Memorandum of H.R. 2364. An act to amend the Small Busi- pursuant to law, a report entitled ‘‘Veterans Understanding in the amount of $100,000,000 ness Investment Act of 1958 to increase the Affairs and Department of Defense Joint Ex- or more (Transmittal No. DDTC 17–042); to amount that certain banks and savings asso- ecutive Committee Fiscal Year 2016 Annual the Committee on Foreign Relations. Report’’; to the Committee on Veterans’ Af- ciations may invest in small business invest- EC–2296. A communication from the Bu- ment companies, subject to the approval of fairs. reau of Legislative Affairs, Department of EC–2306. A communication from the Man- the appropriate Federal banking agency, and State, transmitting, pursuant to section agement and Program Analyst, Federal for other purposes; to the Committee on 36(c) of the Arms Export Control Act, the Aviation Administration, Department of Banking, Housing, and Urban Affairs. certification of a proposed license for the ex- H.R. 2749. An act to amend title 38, United Transportation, transmitting, pursuant to port of firearms abroad controlled under Cat- States Code, to improve the oversight of con- law, the report of a rule entitled ‘‘Standard egory I of the United States Munitions List tracts awarded by the Secretary of Veterans Instrument Approach Procedures, and Take- of pistols to El Salvador in the amount of Affairs to small business concerns owned and off Minimums and Obstacle Departure Proce- $1,000,000 or more (Transmittal No. DDTC 16– controlled by veterans, and for other pur- dures; Miscellaneous Amendments (4); Amdt. 134); to the Committee on Foreign Relations. poses; to the Committee on Veterans’ Af- No. 3750’’ (RIN2120–AA65) received in the Of- EC–2297. A communication from the Dep- fairs. fice of the President of the Senate on July uty Assistant Secretary of Legislative Af- H.R. 2781. An act to direct the Secretary of 19, 2017; to the Committee on Commerce, fairs, Department of the Treasury, transmit- Veterans Affairs to certify the sufficient par- Science, and Transportation. ting, pursuant to law, a report to Congress ticipation of small business concerns owned EC–2307. A communication from the Man- from the Chairman of the National Advisory and controlled by veterans and small busi- agement and Program Analyst, Federal Council on International Monetary and Fi- ness concerns owned by veterans with serv- Aviation Administration, Department of nancial Policies; to the Committee on For- ice-connected disabilities in contracts under Transportation, transmitting, pursuant to eign Relations. the Federal Strategic Sourcing Initiative, law, the report of a rule entitled ‘‘Standard EC–2298. A communication from the Chief and for other purposes; to the Committee on Instrument Approach Procedures, and Take- Counsel, Foreign Claims Settlement Com- Veterans’ Affairs. off Minimums and Obstacle Departure Proce- mission of the United States, Department of dures; Miscellaneous Amendments (76); f Justice, transmitting, pursuant to law, the Amdt. No. 3747’’ (RIN2120–AA65) received in EXECUTIVE AND OTHER Commission’s annual report for 2016; to the the Office of the President of the Senate on COMMUNICATIONS Committee on Foreign Relations. July 19, 2017; to the Committee on Com- EC–2299. A communication from the Assist- merce, Science, and Transportation. The following communications were ant General Counsel for Regulatory Services, EC–2308. A communication from the Man- laid before the Senate, together with Office of General Counsel, Department of agement and Program Analyst, Federal

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.021 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4189 Aviation Administration, Department of AA64) (Docket No. FAA–2015–3148)) received Senate on July 19, 2017; to the Committee on Transportation, transmitting, pursuant to in the Office of the President of the Senate Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Standard on July 19, 2017; to the Committee on Com- EC–2325. A communication from the Man- Instrument Approach Procedures, and Take- merce, Science, and Transportation. agement and Program Analyst, Federal off Minimums and Obstacle Departure Proce- EC–2317. A communication from the Man- Aviation Administration, Department of dures; Miscellaneous Amendments (114); agement and Program Analyst, Federal Transportation, transmitting, pursuant to Amdt. No. 3749’’ (RIN2120–AA65) received in Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- the Office of the President of the Senate on Transportation, transmitting, pursuant to ness Directives; Bombardier, Inc. Airplanes’’ July 19, 2017; to the Committee on Com- law, the report of a rule entitled ‘‘Airworthi- ((RIN2120–AA64) (Docket No. FAA–2017–0558)) merce, Science, and Transportation. ness Directives; The Boeing Company Air- received in the Office of the President of the EC–2309. A communication from the Man- planes’’ ((RIN2120–AA64) (Docket No. FAA– Senate on July 19, 2017; to the Committee on agement and Program Analyst, Federal 2016–9391)) received in the Office of the Presi- Commerce, Science, and Transportation. Aviation Administration, Department of dent of the Senate on July 19, 2017; to the EC–2326. A communication from the Man- Transportation, transmitting, pursuant to Committee on Commerce, Science, and agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Standard Transportation. Aviation Administration, Department of Instrument Approach Procedures, and Take- EC–2318. A communication from the Man- Transportation, transmitting, pursuant to off Minimums and Obstacle Departure Proce- agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- dures; Miscellaneous Amendments (129); Aviation Administration, Department of ness Directives; Piper Aircraft, Inc. Air- Amdt. No. 3748’’ (RIN2120–AA65) received in Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– the Office of the President of the Senate on law, the report of a rule entitled ‘‘Airworthi- 2016–9254)) received in the Office of the Presi- July 19, 2017; to the Committee on Com- ness Directives; The Boeing Company Air- dent of the Senate on July 19, 2017; to the merce, Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– Committee on Commerce, Science, and EC–2310. A communication from the Man- 2017–0126)) received in the Office of the Presi- Transportation. agement and Program Analyst, Federal dent of the Senate on July 19, 2017; to the EC–2327. A communication from the Man- Aviation Administration, Department of Committee on Commerce, Science, and agement and Program Analyst, Federal Transportation, transmitting, pursuant to Transportation. Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- EC–2319. A communication from the Man- Transportation, transmitting, pursuant to ness Directives; Airbus Airplanes’’ ((RIN2120– agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- AA64) (Docket No. FAA–2016–3984)) received Aviation Administration, Department of ness Directives; Dassault Aviation Air- in the Office of the President of the Senate Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– on July 19, 2017; to the Committee on Com- law, the report of a rule entitled ‘‘Airworthi- 2016–9504)) received in the Office of the Presi- dent of the Senate on July 19, 2017; to the merce, Science, and Transportation. ness Directives; The Boeing Company Air- EC–2311. A communication from the Man- planes’’ ((RIN2120–AA64) (Docket No. FAA– Committee on Commerce, Science, and agement and Program Analyst, Federal 2016–9188)) received in the Office of the Presi- Transportation. EC–2328. A communication from the Man- Aviation Administration, Department of dent of the Senate on July 19, 2017; to the agement and Program Analyst, Federal Transportation, transmitting, pursuant to Committee on Commerce, Science, and Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- Transportation. Transportation, transmitting, pursuant to ness Directives; Airbus Airplanes’’ ((RIN2120– EC–2320. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- AA64) (Docket No. FAA–2016–9573)) received agement and Program Analyst, Federal ness Directives; Gulfstream Aerospace Cor- in the Office of the President of the Senate Aviation Administration, Department of poration Airplanes’’ ((RIN2120–AA64) (Docket on July 19, 2017; to the Committee on Com- Transportation, transmitting, pursuant to No. FAA–2016–9437)) received in the Office of law, the report of a rule entitled ‘‘Airworthi- merce, Science, and Transportation. the President of the Senate on July 19, 2017; EC–2312. A communication from the Man- ness Directives; The Boeing Company Air- to the Committee on Commerce, Science, agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– and Transportation. Aviation Administration, Department of 2016–9502)) received in the Office of the Presi- EC–2329. A communication from the Man- Transportation, transmitting, pursuant to dent of the Senate on July 19, 2017; to the agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- Committee on Commerce, Science, and Aviation Administration, Department of ness Directives; Airbus Airplanes’’ ((RIN2120– Transportation. Transportation, transmitting, pursuant to EC–2321. A communication from the Man- AA64) (Docket No. FAA–2016–8185)) received law, the report of a rule entitled ‘‘Airworthi- in the Office of the President of the Senate agement and Program Analyst, Federal ness Directives; Bell Helicopter Textron Can- on July 19, 2017; to the Committee on Com- Aviation Administration, Department of ada Limited Helicopters’’ ((RIN2120–AA64) merce, Science, and Transportation. Transportation, transmitting, pursuant to (Docket No. FAA–2017–0078)) received in the EC–2313. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- Office of the President of the Senate on July agement and Program Analyst, Federal ness Directives; The Boeing Company Air- 19, 2017; to the Committee on Commerce, Aviation Administration, Department of planes’’ ((RIN2120–AA64) (Docket No. FAA– Science, and Transportation. Transportation, transmitting, pursuant to 2016–9566)) received in the Office of the Presi- EC–2330. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- dent of the Senate on July 19, 2017; to the agement and Program Analyst, Federal ness Directives; Airbus Airplanes’’ ((RIN2120– Committee on Commerce, Science, and Aviation Administration, Department of AA64) (Docket No. FAA–2016–0461)) received Transportation. Transportation, transmitting, pursuant to in the Office of the President of the Senate EC–2322. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- on July 19, 2017; to the Committee on Com- agement and Program Analyst, Federal ness Directives; Airbus Helicopters Deutsch- merce, Science, and Transportation. Aviation Administration, Department of land GmbH Helicopters’’ ((RIN2120–AA64) EC–2314. A communication from the Man- Transportation, transmitting, pursuant to (Docket No. FAA–2017–0061)) received in the agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- Office of the President of the Senate on July Aviation Administration, Department of ness Directives; The Boeing Company Air- 19, 2017; to the Committee on Commerce, Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- 2016–9384)) received in the Office of the Presi- EC–2331. A communication from the Man- ness Directives; Airbus Airplanes’’ ((RIN2120– dent of the Senate on July 19, 2017; to the agement and Program Analyst, Federal AA64) (Docket No. FAA–2016–9071)) received Committee on Commerce, Science, and Aviation Administration, Department of in the Office of the President of the Senate Transportation. Transportation, transmitting, pursuant to on July 19, 2017; to the Committee on Com- EC–2323. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- merce, Science, and Transportation. agement and Program Analyst, Federal ness Directives; Airbus Helicopters’’ EC–2315. A communication from the Man- Aviation Administration, Department of ((RIN2120–AA64) (Docket No. FAA–2016–6693)) agement and Program Analyst, Federal Transportation, transmitting, pursuant to received in the Office of the President of the Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- Senate on July 19, 2017; to the Committee on Transportation, transmitting, pursuant to ness Directives; Bombardier, Inc. Airplanes’’ Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- ((RIN2120–AA64) (Docket No. FAA–2017–0125)) EC–2332. A communication from the Man- ness Directives; Airbus Airplanes’’ ((RIN2120– received in the Office of the President of the agement and Program Analyst, Federal AA64) (Docket No. FAA–2016–9574)) received Senate on July 19, 2017; to the Committee on Aviation Administration, Department of in the Office of the President of the Senate Commerce, Science, and Transportation. Transportation, transmitting, pursuant to on July 19, 2017; to the Committee on Com- EC–2324. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- merce, Science, and Transportation. agement and Program Analyst, Federal ness Directives; Airbus Helicopters’’ EC–2316. A communication from the Man- Aviation Administration, Department of ((RIN2120–AA64) (Docket No. FAA–2017–0060)) agement and Program Analyst, Federal Transportation, transmitting, pursuant to received in the Office of the President of the Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- Senate on July 19, 2017; to the Committee on Transportation, transmitting, pursuant to ness Directives; Bombardier, Inc. Airplanes’’ Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- ((RIN2120–AA64) (Docket No. FAA–2015–7529)) EC–2333. A communication from the Man- ness Directives; Airbus Airplanes’’ ((RIN2120– received in the Office of the President of the agement and Program Analyst, Federal

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.032 S25JYPT1 S4190 CONGRESSIONAL RECORD — SENATE July 25, 2017 Aviation Administration, Department of received in the Office of the President of the EC–2349. A communication from the Attor- Transportation, transmitting, pursuant to Senate on July 19, 2017; to the Committee on ney-Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Airworthi- Commerce, Science, and Transportation. of Homeland Security, transmitting, pursu- ness Directives; Rolls-Royce plc Turbofan EC–2341. A communication from the Man- ant to law, the report of a rule entitled Engines’’ ((RIN2120–AA64) (Docket No. FAA– agement and Program Analyst, Federal ‘‘Safety Zone; Oswego Harborfest 2017 2017–0187)) received in the Office of the Presi- Aviation Administration, Department of Breakwall and Barge Fireworks Display, dent of the Senate on July 19, 2017; to the Transportation, transmitting, pursuant to Oswego Harbor, Oswego, NY’’ ((RIN1625– Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Establish- AA00) (Docket No. USCG–2017–0359)) received Transportation. ment of Class E Airspace; Finleyville, PA’’ in the Office of the President of the Senate EC–2334. A communication from the Man- ((RIN2120–AA66) (Docket No. FAA–2016–9496)) on July 13, 2017; to the Committee on Com- agement and Program Analyst, Federal received in the Office of the President of the merce, Science, and Transportation. Aviation Administration, Department of Senate on July 19, 2017; to the Committee on EC–2350. A communication from the Attor- Transportation, transmitting, pursuant to Commerce, Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Airworthi- EC–2342. A communication from the Man- of Homeland Security, transmitting, pursu- ness Directives; DG Flugzeugbau GmbH Glid- agement and Program Analyst, Federal ant to law, the report of a rule entitled ers’’ ((RIN2120–AA64) (Docket No. FAA–2017– Aviation Administration, Department of ‘‘Safety Zone; Lake Michigan, Whiting, Indi- 0343)) received in the Office of the President Transportation, transmitting, pursuant to ana’’ ((RIN1625–AA00) (Docket No. USCG– of the Senate on July 19, 2017; to the Com- law, the report of a rule entitled ‘‘Establish- 2017–0195)) received in the Office of the Presi- mittee on Commerce, Science, and Transpor- ment of Class E Airspace; Grayling, AK’’ dent of the Senate on July 13, 2017; to the tation. ((RIN2120–AA66) (Docket No. FAA–2016–9333)) Committee on Commerce, Science, and EC–2335. A communication from the Man- received in the Office of the President of the Transportation. agement and Program Analyst, Federal Senate on July 19, 2017; to the Committee on EC–2351. A communication from the Attor- Aviation Administration, Department of Commerce, Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department Transportation, transmitting, pursuant to EC–2343. A communication from the Man- of Homeland Security, transmitting, pursu- law, the report of a rule entitled ‘‘Modifica- agement and Program Analyst, Federal ant to law, the report of a rule entitled tion of VOR Federal Airways V–55, V–63, V– Aviation Administration, Department of ‘‘Safety Zone; Port Huron Blue Water Fest 177, V–228, and V–246 in the Vicinity of Ste- Transportation, transmitting, pursuant to Fireworks, St. Clair River, Port Huron, MI’’ vens Point, WI’’ ((RIN2120–AA66) (Docket No. law, the report of a rule entitled ‘‘Establish- ((RIN1625–AA00) (Docket No. USCG–2017– FAA–2016–9374)) received in the Office of the ment of Class E Airspace; Sacramento, CA’’ 0500)) received in the Office of the President President of the Senate on July 19, 2017; to ((RIN2120–AA66) (Docket No. FAA–2016–9476)) of the Senate on July 13, 2017; to the Com- the Committee on Commerce, Science, and received in the Office of the President of the mittee on Commerce, Science, and Transpor- Transportation. Senate on July 19, 2017; to the Committee on tation. EC–2336. A communication from the Man- Commerce, Science, and Transportation. EC–2352. A communication from the Attor- agement and Program Analyst, Federal EC–2344. A communication from the Man- ney-Advisor, U.S. Coast Guard, Department Aviation Administration, Department of agement and Program Analyst, Federal of Homeland Security, transmitting, pursu- Transportation, transmitting, pursuant to Aviation Administration, Department of ant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Amend- Transportation, transmitting, pursuant to ‘‘Safety Zone; Potomac River, Montgomery ment of and Establishment of Air Traffic law, the report of a rule entitled ‘‘Amend- County, MD’’ ((RIN1625–AA00) (Docket No. Service (ATS) Routes; Northcentral United ment of Class E Airspace; Eugene, OR’’ USCG–2017–0448)) received in the Office of the States’’ ((RIN2120–AA66) (Docket No. FAA– ((RIN2120–AA66) (Docket No. FAA–2017–0224)) President of the Senate on July 13, 2017; to 2016–8944)) received in the Office of the Presi- received in the Office of the President of the the Committee on Commerce, Science, and dent of the Senate on July 19, 2017; to the Senate on July 19, 2017; to the Committee on Transportation. Committee on Commerce, Science, and Commerce, Science, and Transportation. EC–2353. A communication from the Attor- Transportation. EC–2345. A communication from the Man- ney-Advisor, U.S. Coast Guard, Department EC–2337. A communication from the Man- agement and Program Analyst, Federal of Homeland Security, transmitting, pursu- agement and Program Analyst, Federal Aviation Administration, Department of ant to law, the report of a rule entitled Aviation Administration, Department of Transportation, transmitting, pursuant to ‘‘Safety Zone; Lakewood Independence Day Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Amend- Fireworks Display; Lake Erie, Lakewood, law, the report of a rule entitled ‘‘Amend- ment of Multiple Restricted Areas; Town- OH’’ ((RIN1625–AA00) (Docket No. USCG– ment of Class D and E Airspace; Tucson, AZ’’ send, GA’’ ((RIN2120–AA66) (FAA–2017–0585)) 2017–0533)) received in the Office of the Presi- ((RIN2120–AA66) (Docket No. FAA–2017–0218)) received in the Office of the President of the dent of the Senate on July 13, 2017; to the received in the Office of the President of the Senate on July 19, 2017; to the Committee on Committee on Commerce, Science, and Senate on July 19, 2017; to the Committee on Commerce, Science, and Transportation. Transportation. Commerce, Science, and Transportation. EC–2346. A communication from the Man- EC–2354. A communication from the Attor- EC–2338. A communication from the Man- agement and Program Analyst, Federal ney-Advisor, U.S. Coast Guard, Department agement and Program Analyst, Federal Aviation Administration, Department of of Homeland Security, transmitting, pursu- Aviation Administration, Department of Transportation, transmitting, pursuant to ant to law, the report of a rule entitled Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Establish- ‘‘Safety Zone; Bay Village Independence Day law, the report of a rule entitled ‘‘Amend- ment of Temporary Restricted Areas R– Celebration Fireworks Display; Lake Erie, ment of Class D and E Airspace for the fol- 2509E, R–2509W, and R–2509N; Twentynine Bay Village, OH’’ ((RIN1625–AA00) (Docket lowing North Dakota Towns; Wahpeton, ND; Palms, CA’’ ((RIN2120–AA66) (Docket No. No. USCG–2017–0568)) received in the Office of Hettinger, ND; Fargo, ND; Grand Fork, ND; FAA–2016–9536)) received in the Office of the the President of the Senate on July 13, 2017; Carrington, ND; Cooperstown , ND; Pembina, President of the Senate on July 19, 2017; to to the Committee on Commerce, Science, ND; Rugby, ND; Devils Lake, ND; Bottineau, the Committee on Commerce, Science, and and Transportation. ND; Valley City, ND; and Gwinner, ND’’ Transportation. EC–2355. A communication from the Attor- ((RIN2120–AA66) (Docket No. FAA–2016–9118)) EC–2347. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department received in the Office of the President of the ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- Senate on July 19, 2017; to the Committee on of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled Commerce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘Safety Zones; Marine Events held in the EC–2339. A communication from the Man- ‘‘Drawbridge Operation Regulation; St. Captain of the Port Long Island Sound agement and Program Analyst, Federal Louis River (Duluth-Superior Harbor), be- Zone’’ ((RIN1625–AA00) (Docket No. USCG– Aviation Administration, Department of tween the towns of Duluth, MN and Superior, 2017–0440)) received in the Office of the Presi- Transportation, transmitting, pursuant to WI’’ ((RIN1625–AA09) (Docket No. USCG–2017– dent of the Senate on July 13, 2017; to the law, the report of a rule entitled ‘‘Amend- 0212)) received in the Office of the President Committee on Commerce, Science, and ment of Class E Airspace; Hilo, HI’’ of the Senate on July 13, 2017; to the Com- Transportation. ((RIN2120–AA66) (Docket No. FAA–2017–0222)) mittee on Commerce, Science, and Transpor- EC–2356. A communication from the Attor- received in the Office of the President of the tation. ney-Advisor, U.S. Coast Guard, Department Senate on July 19, 2017; to the Committee on EC–2348. A communication from the Attor- of Homeland Security, transmitting, pursu- Commerce, Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled EC–2340. A communication from the Man- of Homeland Security, transmitting, pursu- ‘‘Safety Zones; Marine Events held in the agement and Program Analyst, Federal ant to law, the report of a rule entitled ‘‘Spe- Captain of the Port Long Island Sound Aviation Administration, Department of cial Local Regulations; Safety Zones; Recur- Zone’’ ((RIN1625–AA00) (Docket No. USCG– Transportation, transmitting, pursuant to ring Marine Events in Sector Columbia 2017–0243)) received in the Office of the Presi- law, the report of a rule entitled ‘‘Amend- River’’ ((RIN1625–AA08 and RIN1625–AA00) dent of the Senate on July 13, 2017; to the ment of Class E Airspace; Arcata, CA; For- (Docket No. USCG–2017–0224)) received in the Committee on Commerce, Science, and tuna, CA; and Establishment of Class E Air- Office of the President of the Senate on July Transportation. space; Arcata, CA, and Eureka, CA’’ 13, 2017; to the Committee on Commerce, EC–2357. A communication from the Attor- ((RIN2120–AA66) (Docket No. FAA–2015–6751)) Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department

VerDate Sep 11 2014 06:27 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.034 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4191 of Homeland Security, transmitting, pursu- gan State University’s existing cyclotrons; ize the states, upon a vote of three-fifths of ant to law, the report of a rule entitled and the state legislatures, to nullify and repeal a ‘‘Safety Zone; St. Ignace Fireworks Displays, Whereas, The FRIB will more than double federal statute, executive order, judicial de- St. Ignace, MI’’ ((RIN1625–AA00) (Docket No. the research opportunities available in the cision, regulatory decision by a federal gov- USCG–2017–0472)) received in the Office of the field of nuclear physics. Its cutting-edge dis- ernment agency, or government mandate im- President of the Senate on July 13, 2017; to coveries will provide applications for society posed on the states by law that adversely af- the Committee on Commerce, Science, and in such areas as cancer research, homeland fects the interests of the states, in order to Transportation. security, and commercial innovation. A properly exercise the states’ constitutional EC–2358. A communication from the Attor- world class scientific facility such as the authority to check federal power, preserve ney-Advisor, U.S. Coast Guard, Department FRIB will address the U.S. innovation deficit state sovereignty, and protect the rights of of Homeland Security, transmitting, pursu- and provide opportunities to train the next the states and the people; and ant to law, the report of a rule entitled generation of scientific and business leaders; Whereas the states have the authority to ‘‘Safety Zone; Cleveland Triathlon Swim and define and limit the agenda of a convention Event; Lake Erie, Cleveland, OH’’ ((RIN1625– Whereas, The FRIB will have a huge im- to a single-issue ‘‘countermand amendment AA00) (Docket No. USCG–2017–0580)) received pact on Michigan. It will contribute an esti- convention’’ called for by the states as pro- in the Office of the President of the Senate mated $4.4 billion in statewide economic ac- vided under art. V, Constitution of the on July 13, 2017; to the Committee on Com- tivity over the course of its lifespan. It is ex- United States; and merce, Science, and Transportation. pected to create over 1,000 jobs, generate Whereas the delegates sent by the states to EC–2359. A communication from the Attor- wages of $1.7 billion, and strengthen and di- a countermand amendment convention shall ney-Advisor, U.S. Coast Guard, Department versify the state’s economy through invest- have the limited authority to deliberate on of Homeland Security, transmitting, pursu- ments in research and innovation; and and decide whether the countermand amend- ant to law, the report of a rule entitled Whereas, It is critically important that ment, as preapproved by state legislatures, should be sent back to the state legislatures ‘‘Safety Zone; Thunder on the Outer Harbor; federal funding continue to provide a solid for ; Be it Buffalo Outer Harbor, Buffalo, NY’’ foundation for cutting-edge scientific re- Resolved, That, under art. V, Constitution search at the FRIB. A funding shortfall and ((RIN1625–AA00) (Docket No. USCG–2017– of the United States, the Alaska State Legis- delay could mean canceled contracts and 0331)) received in the Office of the President lature directs the United States Congress to missed opportunities in the region’s bur- of the Senate on July 13, 2017; to the Com- call. a single-issue convention of the states, geoning particle science industry. Continu- mittee on Commerce, Science, and Transpor- called a ‘‘countermand amendment conven- ation of full funding is essential to keeping tation. tion,’’ for the sole purpose of deciding wheth- FRIB construction on time and on budget; EC–2360. A communication from the Vice er the proposed countermand amendment President of Government Affairs and Cor- now, therefore, be it should be sent back to the state legislatures Resolved by the House of Representatives, porate Communications, National Railroad for ratification; and be it further Passenger Corporation, Amtrak, transmit- That we urge the United States Congress to Resolved, That the Alaska State Legisla- ting, pursuant to law, Amtrak’s audited Con- continue full funding for the Facility for ture directs the United States Congress to solidated Financial Statements for the years Rare Isotope Beams on the campus of Michi- convene the countermand amendment con- ended September 30, 2016 and September 30, gan State University; and be it further vention within 60 days after the date it re- 2015 with report of independent auditors; to Resolved, That copies of this resolution be ceives the 34th call for that convention from the Committee on Commerce, Science, and transmitted to the President of the United state legislatures; and be it further Transportation. States, the President of the United States Resolved, That this application constitutes EC–2361. A communication from the Dep- Senate the Speaker of the United States a continuing application in accordance with uty Assistant Chief Counsel, Federal Rail- House of Representatives, and the members art. V, Constitution of the United States, road Administration, Department of Trans- of the Michigan congressional delegation. until at least two-thirds of the legislatures portation, transmitting, pursuant to law, the of the several states have applied for a simi- report of a rule entitled ‘‘Competitive Pas- POM–77. A joint resolution adopted by the lar convention of the states; and be it fur- senger Rail Service Pilot Program’’ Legislature of the State of Alaska making ther (RIN2130–AC60) received in the Office of the application to the United States Congress to Resolved, That the Alaska State Legisla- President of the Senate on July 19, 2017; to call a convention of the state to propose a ture urges the legislatures of the other 49 the Committee on Commerce, Science, and countermand amendment to the United states to apply to the United States Con- Transportation. States Constitution as provided under Arti- gress to call a single-issue countermand con- EC–2362. A communication from the Acting cle V; and urging the legislatures of the vention of the states under art. V, Constitu- Chairman of the Office of Proceedings, Sur- other 49 states to make the same applica- tion of the United States. face Transportation Board, Department of tion; to the Committee on the Judiciary. Copies of this resolution shall be sent to Transportation, transmitting, pursuant to HOUSE JOINT RESOLUTION NO. 14 the Honorable Barack Obama, President of law, the report of a rule entitled ‘‘Offers of Whereas the state’s sovereignty has been the United States; the Honorable Joseph R. Financial Assistance’’ (RIN2140–AB27) re- infringed upon by the federal government, Biden, Jr., Vice-President of the United ceived in the Office of the President of the including by the federal government’s recent States and President of the U.S. Senate; the Senate on July 19, 2017; to the Committee on denial of and refusal to work with state offi- Honorable , Speaker of the U.S. Commerce, Science, and Transportation. cials on the construction of a lifesaving road House of Representatives; the Honorable f from King Cove to Cold Bay; and Mitch McConnell, Majority Leader of the Whereas the state’s access to a fair permit- U.S. Senate; the Honorable Nancy Erickson, PETITIONS AND MEMORIALS ting process for projects that will develop Secretary of the U.S. Senate; the Honorable The following petitions and memo- the state’s natural resources and provide Karen L. Haas, Clerk of the U.S. House of Representatives; the Honorable Lisa Mur- rials were laid before the Senate and revenue streams to the state, including oil exploration in the Arctic National Wildlife kowski and the Honorable Dan Sullivan, U.S. were referred or ordered to lie on the Senators, and the Honorable Don Young, table as indicated: Refuge and large-scale mining projects throughout the state, has been continually U.S. Representative, members of the Alaska POM–76. A resolution adopted by the House denied by the United States Environmental delegation in Congress; and the presiding of- of Representatives of the State of Michigan Protection Agency and other agencies of the ficers of the legislatures of each of the other urging the United States Congress to con- federal government; and 49 states. tinue full funding for the Facility for Rare Whereas the United States Congress has, f Isotope Beams on the campus of Michigan at times, exceeded its delegated powers, the State University; to the Committee on Com- EXECUTIVE REPORTS OF President of the United States has, at times, merce, Science, and Transportation. exceeded the constitutional authority of the COMMITTEE HOUSE RESOLUTION NO. 113 office of the President of the United States, The following executive reports of Whereas, The President’s proposed 2018 and the federal courts have, at times, exceed- nominations were submitted: budget includes a $17 million cut in federal ed their authority by issuing decisions on By Mr. BURR for the Select Committee on funding for the Facility for Rare Isotope public policy matters reserved to the states Intelligence. Beams (FRIB) at Michigan State University. in violation of the principles of federalism Robert P. Storch, of the District of Colum- This could delay the project’s anticipated and separation of powers, all of which have bia, to be Inspector General of the National completion date, increasing costs by an esti- adversely affected the state and its people; Security Agency. mated $20 million; and and *Isabel Marie Keenan Patelunas, of Penn- Whereas, Currently, the state-of-the-art Whereas, under the authority of art. V, sylvania, to be Assistant Secretary for Intel- project is on budget and ahead of schedule Constitution of the United States, the sev- ligence and Analysis, Department of the and is about three quarters completed. The eral states should apply to the United States Treasury. FRIB will be the world’s most powerful rare Congress to call a convention of the states to *Susan M. Gordon, of Virginia, to be Prin- isotope beam facility upon completion; at amend the United States Constitution and cipal Deputy Director of National Intel- least 1,000 times more powerful than Michi- adopt a countermand amendment to author- ligence.

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.036 S25JYPT1 S4192 CONGRESSIONAL RECORD — SENATE July 25, 2017 *Nomination was reported with rec- Mr. WYDEN, Mr. MARKEY, Mr. BOOZ- the Social Security Act to provide for ommendation that it be confirmed sub- MAN, Mrs. MCCASKILL, Mr. TILLIS, treatment of clinical psychologists as ject to the nominee’s commitment to Mrs. ERNST, Mrs. FISCHER, Mr. physicians for purposes of furnishing respond to requests to appear and tes- PETERS, and Mrs. FEINSTEIN): clinical psychologist services under the S. Res. 231. A resolution designating July Medicare program. tify before any duly constituted com- 30, 2017, as ‘‘National Whistleblower Appre- mittee of the Senate. ciation Day’’; to the Committee on the Judi- S. 474 (Nominations without an asterisk ciary. At the request of Mr. GRAHAM, the name of the Senator from Texas (Mr. were reported with the recommenda- f tion that they be confirmed.) CORNYN) was added as a cosponsor of S. ADDITIONAL COSPONSORS f 474, a bill to condition assistance to the S. 170 West Bank and Gaza on steps by the INTRODUCTION OF BILLS AND Palestinian Authority to end violence JOINT RESOLUTIONS At the request of Mr. RUBIO, the names of the Senator from Colorado and terrorism against Israeli citizens. S. 602 The following bills and joint resolu- (Mr. GARDNER) and the Senator from tions were introduced, read the first Massachusetts (Mr. MARKEY) were At the request of Ms. COLLINS, the and second times by unanimous con- added as cosponsors of S. 170, a bill to names of the Senator from Michigan sent, and referred as indicated: provide for nonpreemption of measures (Mr. PETERS) and the Senator from By Mr. UDALL (for himself, Mr. by State and local governments to di- South Carolina (Mr. GRAHAM) were BLUMENTHAL, Mr. BOOKER, Mr. DUR- vest from entities that engage in com- added as cosponsors of S. 602, a bill to BIN, Mrs. GILLIBRAND, Mr. MARKEY, merce-related or investment-related amend the Internal Revenue Code of Ms. HARRIS, Mr. CARDIN, and Mr. boycott, divestment, or sanctions ac- 1986 to include automated fire sprin- MERKLEY): kler system retrofits as section 179 tivities targeting Israel, and for other S. 1624. A bill to prohibit the use of property and classify certain auto- purposes. chlorpyrifos on food, and for other purposes; mated fire sprinkler system retrofits as to the Committee on Agriculture, Nutrition, S. 259 and Forestry. 15-year property for purposes of depre- At the request of Mr. NELSON, the ciation. By Mr. BLUMENTHAL: name of the Senator from North Caro- S. 1625. A bill for the relief of Nury S. 654 Chavarria; to the Committee on the Judici- lina (Mr. BURR) was added as a cospon- At the request of Mr. TOOMEY, the ary. sor of S. 259, a bill to modify the prohi- name of the Senator from New York By Mr. BLUMENTHAL (for himself, bition on recognition by United States (Mr. SCHUMER) was added as a cospon- Mrs. FEINSTEIN, and Mr. MARKEY): courts of certain rights relating to cer- sor of S. 654, a bill to revise section 48 S. 1626. A bill to improve the safety of the tain marks, trade names, or commer- of title 18, United States Code, and for air supply on commercial aircraft, and for cial names. other purposes; to the Committee on Com- other purposes. S. 266 merce, Science, and Transportation. S. 720 By Mrs. GILLIBRAND (for herself, Mr. At the request of Mr. HATCH, the At the request of Mr. PORTMAN, the BLUMENTHAL, Mr. MURPHY, and Mr. name of the Senator from South Da- name of the Senator from Louisiana CASEY): kota (Mr. ROUNDS) was added as a co- (Mr. KENNEDY) was added as a cospon- S. 1627. A bill to extend the authorization sponsor of S. 266, a bill to award the sor of S. 720, a bill to amend the Export of the Highlands Conservation Act; to the Congressional Gold Medal to Anwar Administration Act of 1979 to include Committee on Energy and Natural Re- Sadat in recognition of his heroic in the prohibitions on boycotts against sources. achievements and courageous contribu- allies of the United States boycotts By Mr. GRASSLEY (for himself, Mrs. ERNST, and Mr. FRANKEN): tions to peace in the Middle East. fostered by international governmental S. 1628. A bill to revise counseling require- S. 372 organizations against Israel and to di- ments for certain borrowers of student loans, At the request of Mr. PORTMAN, the rect the Export-Import Bank of the and for other purposes; to the Committee on name of the Senator from Virginia (Mr. United States to oppose boycotts Health, Education, Labor, and Pensions. KAINE) was added as a cosponsor of S. against Israel, and for other purposes. By Mr. REED (for himself, Mr. ROUNDS, 372, a bill to amend the Tariff Act of S. 822 Mr. BROWN, Ms. COLLINS, Mr. CARPER, 1930 to ensure that merchandise arriv- At the request of Mr. INHOFE, the Mr. COONS, Mr. WHITEHOUSE, Mrs. name of the Senator from Massachu- SHAHEEN, Ms. CORTEZ MASTO, and Ms. ing through the mail shall be subject ARREN HIRONO): to review by U.S. Customs and Border setts (Ms. W ) was added as a co- S. 1629. A bill to reauthorize the Depart- Protection and to require the provision sponsor of S. 822, a bill to amend the ment of Defense Experimental Program to of advance electronic information on Comprehensive Environmental Re- Stimulate Competitive Research, and for shipments of mail to U.S. Customs and sponse, Compensation, and Liability other purposes; to the Committee on Armed Border Protection and for other pur- Act of 1980 to modify provisions relat- Services. poses. ing to grants, and for other purposes. By Mr. CASEY (for himself, Ms. BALD- S. 1002 WIN, and Mr. BROWN): S. 407 At the request of Mr. MORAN, the S. 1630. A bill to establish in the Adminis- At the request of Mr. CRAPO, the name of the Senator from Nebraska tration for Children and Families of the De- name of the Senator from Maryland (Mrs. FISCHER) was added as a cospon- partment of Health and Human Services the (Mr. VAN HOLLEN) was added as a co- sor of S. 1002, a bill to enhance the abil- Federal Interagency Working Group on Re- sponsor of S. 407, a bill to amend the ity of community financial institutions ducing Child Poverty to develop a national Internal Revenue Code of 1986 to per- strategy to eliminate child poverty in the to foster economic growth and serve manently extend the railroad track United States, and for other purposes; to the their communities, boost small busi- maintenance credit. Committee on Health, Education, Labor, and nesses, increase individual savings, and Pensions. S. 445 for other purposes. By Mr. CORKER: At the request of Mr. CARDIN, the S. 1018 S. 1631. A bill to authorize the Department name of the Senator from New Jersey of State for Fiscal Year 2018, and for other At the request of Mr. CARDIN, the (Mr. BOOKER) was added as a cosponsor purposes; to the Committee on Foreign Rela- name of the Senator from North Caro- tions. of S. 445, a bill to amend title XVIII of lina (Mr. TILLIS) was added as a co- the Social Security Act to ensure more f sponsor of S. 1018, a bill to provide hu- timely access to home health services manitarian assistance for the Ven- SUBMISSION OF CONCURRENT AND for Medicare beneficiaries under the ezuelan people, to defend democratic SENATE RESOLUTIONS Medicare program. governance and combat widespread The following concurrent resolutions S. 448 public corruption in Venezuela, and for and Senate resolutions were read, and At the request of Mr. BROWN, the other purposes. referred (or acted upon), as indicated: name of the Senator from Vermont S. 1146 By Mr. GRASSLEY (for himself, Mr. (Mr. LEAHY) was added as a cosponsor At the request of Mrs. SHAHEEN, the JOHNSON, Ms. BALDWIN, Mr. CARPER, of S. 448, a bill to amend title XVIII of name of the Senator from Michigan

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.023 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4193 (Ms. STABENOW) was added as a cospon- terim report related to aquatic nui- S. 1620 sor of S. 1146, a bill to enhance the abil- sance species control, and for other At the request of Mr. COTTON, the ity of the Office of the National Om- purposes. name of the Senator from Florida (Mr. budsman to assist small businesses in S. 1462 RUBIO) was added as a cosponsor of S. meeting regulatory requirements and At the request of Mrs. SHAHEEN, the 1620, a bill to enhance the security of develop outreach initiatives to pro- name of the Senator from New Mexico Taiwan and bolster its participation in mote awareness of the services the Of- (Mr. HEINRICH) was added as a cospon- the international community, and for fice of the National Ombudsman pro- sor of S. 1462, a bill to amend the Pa- other purposes. vides, and for other purposes. tient Protection and Affordable Care f S. 1182 Act to improve cost sharing subsidies. STATEMENTS ON INTRODUCED At the request of Ms. CANTWELL, her S. 1480 BILLS AND JOINT RESOLUTIONS name was added as a cosponsor of S. At the request of Mr. KING, the name By Mr. UDALL (for himself, Mr. 1182, a bill to require the Secretary of of the Senator from Minnesota (Mr. BLUMENTHAL, Mr. BOOKER, Mr. the Treasury to mint commemorative FRANKEN) was added as a cosponsor of DURBIN, Mrs. GILLIBRAND, Mr. coins in recognition of the 100th anni- S. 1480, a bill to amend the Internal MARKEY, Ms. HARRIS, Mr. versary of The American Legion. Revenue Code of 1986 to include bio- CARDIN, and Mr. MERKLEY): S. 1199 mass heating appliances for tax credits S. 1624. A bill to prohibit the use of At the request of Mrs. MCCASKILL, available for energy-efficient building chlorpyrifos on food, and for other pur- the names of the Senator from Mon- property and energy property. poses; to the Committee on Agri- tana (Mr. TESTER) and the Senator S. 1575 culture, Nutrition, and Forestry. from Wisconsin (Mr. JOHNSON) were At the request of Mr. WHITEHOUSE, Mr. UDALL. Mr. President, I ask added as cosponsors of S. 1199, a bill to the name of the Senator from New unanimous consent that the text of the amend the Homeland Security Act of Hampshire (Ms. HASSAN) was added as bill be printed in the RECORD. 2002 to reauthorize the Border Enforce- a cosponsor of S. 1575, a bill to amend There being no objection, the text of ment Security Task Force program the Internal Revenue Code of 1986 to the bill was ordered to be printed in within the Department of Homeland provide a tax credit for taxpayers who the RECORD, as follows: Security, and for other purposes. remove lead-based hazards. S. 1624 S. 1251 S. 1585 Be it enacted by the Senate and House of Rep- At the request of Mr. WARNER, the At the request of Mr. WHITEHOUSE, resentatives of the United States of America in name of the Senator from Indiana (Mr. the name of the Senator from Virginia Congress assembled, YOUNG) was added as a cosponsor of S. (Mr. WARNER) was added as a cosponsor SECTION 1. SHORT TITLE. 1251, a bill to require the Secretary of of S. 1585, a bill to amend the Federal This Act may be cited as the ‘‘Protect Labor to establish a pilot program for Election Campaign Act of 1971 to pro- Children, Farmers, and Farmworkers from providing portable benefits to eligible vide for additional disclosure require- Nerve Agent Pesticides Act of 2017’’. workers, and for other purposes. ments for corporations, labor organiza- SEC. 2. FINDINGS. S. 1286 tions, Super PACs and other entities, Congress finds as follows: At the request of Ms. KLOBUCHAR, the and for other purposes. (1) In 1996, Congress unanimously passed name of the Senator from California the Food Quality Protection Act of 1996 S. 1598 (Public Law 104–170; 110 Stat. 1489) (referred (Mrs. FEINSTEIN) was added as a co- At the request of Mr. TESTER, the to in this section as ‘‘FQPA’’), a comprehen- sponsor of S. 1286, a bill to lift the names of the Senator from New York sive overhaul of Federal pesticide and food trade embargo on Cuba. (Mrs. GILLIBRAND), the Senator from safety policy. That Act amended the Federal S. 1290 New Jersey (Mr. MENENDEZ) and the Insecticide, Fungicide, and Rodenticide Act At the request of Mr. LEE, the names Senator from Virginia (Mr. WARNER) (7 U.S.C. 136 et seq.) (referred to in this sec- of the Senator from Georgia (Mr. were added as cosponsors of S. 1598, a tion as ‘‘FIFRA’’) and the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et PERDUE) and the Senator from Okla- bill to amend title 38, United States seq.), the laws that govern how the Environ- homa (Mr. INHOFE) were added as co- Code, to make certain improvements in mental Protection Agency (referred to in sponsors of S. 1290, a bill to help indi- the laws administered by the Secretary this section as the ‘‘EPA’’) registers pes- viduals receiving assistance under of Veterans Affairs, and for other pur- ticides and pesticide labels for use in the means-tested welfare programs obtain poses. United States and establishes tolerances or self-sufficiency, to provide information At the request of Mr. ISAKSON, the acceptable levels for pesticide residues on on total spending on means-tested wel- name of the Senator from Iowa (Mr. food. (2) The FQPA directs the EPA to ensure fare programs, to provide an overall GRASSLEY) was added as a cosponsor of spending limit on means-tested welfare with ‘‘reasonable certainty’’ that ‘‘no harm’’ S. 1598, supra. will result from food, drinking water, and programs, and for other purposes. S. 1600 other exposures to a pesticide. If EPA cannot S. 1331 At the request of Ms. HIRONO, the make this safety finding, it must prohibit At the request of Ms. STABENOW, the name of the Senator from New York residues and use of the pesticide on food. The name of the Senator from New York (Mrs. GILLIBRAND) was added as a co- FQPA mandates that EPA must consider (Mr. SCHUMER) was added as a cospon- sponsor of S. 1600, a bill to amend title children’s special sensitivity and exposure to sor of S. 1331, a bill to establish the pesticide chemicals and must make an ex- II of the Social Security Act and the plicit determination that the pesticide can Great Lakes Mass Marking Program, Internal Revenue Code of 1986 to make be used with a ‘‘reasonable certainty of no and for other purposes. improvements in the old-age, sur- harm’’ to children. In determining accept- S. 1332 vivors, and disability insurance pro- able levels of pesticide residue, EPA must At the request of Ms. STABENOW, the gram, and to provide for Social Secu- account for the potential health harm from name of the Senator from New York rity benefit protection. pre-and postnatal exposures. The economic benefits of pesticides cannot be used to over- (Mr. SCHUMER) was added as a cospon- S. 1619 sor of S. 1332, a bill to establish the ride this health-based standard for children At the request of Mr. DURBIN, the from food and other exposures. Great Lakes Aquatic Connectivity and name of the Senator from Connecticut (3) Chlorpyrifos is a widely used pesticide Infrastructure Program, and for other (Mr. BLUMENTHAL) was added as a co- first registered by EPA in 1965. Chlorpyrifos purposes. sponsor of S. 1619, a bill to amend the is an organophosphate pesticide, a class of S. 1398 Servicemembers Civil Relief Act to ex- pesticides developed as nerve agents in At the request of Ms. STABENOW, the tend the interest rate limitation on World War II and adapted for use as insecti- name of the Senator from New York debt entered into during military serv- cides after the war. Chlorpyrifos and other organophosphate pesticides affect the nerv- (Mr. SCHUMER) was added as a cospon- ice to debt incurred during military ous system through inhibition of cholin- sor of S. 1398, a bill to direct the Sec- service to consolidate or refinance stu- esterase, an enzyme required for proper retary of the Army, acting through the dent loans incurred before military nerve functioning. Acute poisonings occur Chief of Engineers, to release an in- service. when nerve impulses pulsate through the

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.026 S25JYPT1 S4194 CONGRESSIONAL RECORD — SENATE July 25, 2017 body, causing symptoms like nausea, vom- ages 1 to 2 exposed to levels of chlorpyrifos in the food primarily as a result of the me- iting, convulsions, respiratory paralysis, that are 140 times what the EPA considers tabolism or other degradation of and, in extreme cases, death. Based on doz- acceptable. chlorpyrifos.’’. ens of peer-reviewed scientific articles, EPA (10) Chlorpyrifos threatens agricultural SEC. 4. REVIEW OF ORGANOPHOSPHATE PES- determined that exposure during pregnancy workers. Farm workers are exposed to TICIDES. to even low levels of chlorpyrifos that caused chlorpyrifos from mixing, handling, and ap- (a) IN GENERAL.—Not later than 90 days only minimal cholinesterase inhibition (10 plying the pesticide, as well as from entering after the date of enactment of this Act, the percent or less) in the mothers could lead to fields where chlorpyrifos was recently Administrator of the Environmental Protec- measurable long-lasting and possibly perma- sprayed. Chlorpyrifos is one of the pesticides tion Agency (referred to in this section as nent neurobehavioral and functional deficits most often linked to acute pesticide the ‘‘Administrator’’) shall offer to enter in prenatally exposed children. poisonings, and in many States, it is regu- into a contract with the National Research (4) People, including pregnant women, are larly identified among the 5 pesticides linked Council to conduct a cumulative and aggre- exposed to chlorpyrifos through residues on to the highest number of pesticide poisoning gate risk assessment that addresses all popu- food, contaminated drinking water, and incidents. This is significant given wide- lations, and the most vulnerable subpopula- toxic spray drift from nearby pesticide appli- spread under-reporting of pesticide tions, including infants, children, and cations. Chlorpyrifos is used on an extensive poisonings due to such factors as inadequate fetuses, of exposure to organophosphate pes- variety of crops, including fruit and nut reporting systems, fear of retaliation from ticides. trees, vegetables, wheat, alfalfa, and corn. employers, and reluctance to seek medical (b) CONTENTS OF REVIEW.—The review Between 2006 and 2012, chlorpyrifos was ap- treatment. According to the EPA, all work- under subsection (a) shall— plied to more than 50 percent of the Nation’s ers who mix and apply chlorpyrifos are ex- (1) assess the neurodevelopmental effects apple and broccoli crops, 45 percent of onion posed to unsafe levels of the pesticide even and other low-dose effects of exposure to crops, 46 percent of walnut crops, and 41 per- with maximum personal protective equip- organophosphate pesticides, including in the cent of cauliflower crops. ment and engineering controls. Field work- most vulnerable subpopulations, including— (5) Chlorpyrifos is acutely toxic and associ- ers are currently allowed to re-enter fields (A) during the prenatal, childhood, adoles- ated with neurodevelopmental harms in chil- within 1 to 5 days after chlorpyrifos is cent, and early life stages; and dren. Prenatal exposure to chlorpyrifos is as- sprayed based on current restricted entry in- (B) agricultural workers; sociated with elevated risks of reduced IQ, tervals on the registered chlorpyrifos labels (2) assess the cumulative and aggregate loss of working memory, delays in motor de- but unsafe exposures continue on average 18 risks from exposure described in paragraph velopment, attention-deficit disorders, and days after applications. (1), which shall aggregate all routes of expo- structural changes in the brain. (11) Chlorpyrifos threatens families in agri- sure, including diet, pesticide drift, vola- (6) There is no nationwide chlorpyrifos use cultural communities. Rural families are ex- tilization, occupational, and take-home ex- reporting. The United States Geological Sur- posed to unsafe levels of chlorpyrifos on posures; and vey estimates annual pesticide use on agri- their food and in their drinking water. They (3) be completed and submitted to the Ad- cultural land in the United States, and esti- are also exposed to toxic levels of ministrator not later than October 1, 2019. mates that chlorpyrifos use on crops in 2014 chlorpyrifos when it drifts from the fields to (c) REGULATORY ACTION.— ranged from 5,000,000 to 7,000,000 pounds of homes, schools, and other places people gath- (1) APPLICABILITY.—This subsection shall chlorpyrifos. er. EPA’s 2016 revised human health risk as- apply if the Administrator becomes aware of (7) In its 2016 report, the Federal Insecti- sessment found that chlorpyrifos drift any exposure to any organophosphate pes- cide, Fungicide, and Rodenticide Act Sci- reaches unsafe levels at 300 feet away from ticide, including exposures described in para- entific Advisory Panel recognized ‘‘the grow- the edge of the treated field, and the chem- graphs (1) and (2) of subsection (b), that does ing body of literature with laboratory ani- ical chlorpyrifos is found at unsafe levels in not meet, as applicable— mals (rats and mice) indicating that gesta- the air at schools, homes, and communities (A) the standard under section 408(b)(2) of tional and/or early postnatal exposure to in agricultural areas. The small buffers put the Federal Food, Drug, and Cosmetic Act chlorpyrifos may cause persistent effects in place in 2012 leave children unprotected (21 U.S.C. 346a(b)(2)); or into adulthood along with epidemiology from this toxic pesticide drift. (B) any standard under the Federal Insecti- studies which have evaluated prenatal (12) Chlorpyrifos threatens drinking water. cide, Fungicide, and Rodenticide Act (7 chlorpyrifos exposure in mother-infant pairs EPA’s 2014 and 2016 risk assessments have U.S.C. 136 et seq.). and reported associations with found that chlorpyrifos levels in drinking (2) ACTION.—Not later than 90 days after neurodevelopment outcomes in infants and water are unsafe. People living and working the date on which the Administrator be- children.’’. in agricultural communities are likely to be comes aware of any exposure under para- (8) Chlorpyrifos has long been of concern to exposed to higher levels of chlorpyrifos and graph (1), the Administrator shall take any EPA. Residential uses of chlorpyrifos ended other organophosphate pesticides in their appropriate regulatory action, regardless of in 2000 after EPA found unsafe exposures to drinking water. whether the review under subsection (a) is children. EPA also discontinued use of (13) In 2015, leading scientific and medical completed, including— chlorpyrifos on tomatoes and restricted its experts, along with children’s health advo- (A) revocation or modification of a toler- use on apples and grapes in 2000, and ob- cates, came together, under ‘‘Project ance under section 408 of the Federal Food, tained no-spray buffers around schools, TENDR: Targeting Environmental Neuro-De- Drug, and Cosmetic Act (21 U.S.C. 346a); or homes, playfields, day cares, hospitals, and velopmental Risks’’ (referred to in this sec- (B) modification, cancellation, or suspen- other public places, ranging from 10 to 100 tion as ‘‘TENDR’’), to issue a call to action sion of a registration under the Federal In- feet. In 2015, EPA proposed to ban all to reduce widespread exposures to chemicals secticide, Fungicide, and Rodenticide Act (7 chlorpyrifos food tolerances, based on unsafe that interfere with fetal and children’s brain U.S.C. 136 et seq.). drinking water contamination, which would development. Based on the available and (d) EFFECT.—Nothing in this section au- end use of chlorpyrifos on food in the United peer-reviewed scientific evidence, the States. After updating the risk assessment thorizes or requires the Administrator to TENDR authors identified prime examples of delay in carrying out or completing, with re- for chlorpyrifos in November 2016 to protect neurodevelopmentally toxic chemicals ‘‘that against prenatal exposures associated with spect to an organophosphate pesticide, any can contribute to learning, behavioral, or in- registration review under section 3(g) of the brain impacts, EPA found that expected resi- tellectual impairment, as well as specific dues from use on food crops exceeded the Federal Insecticide, Fungicide, and neurodevelopmental disorders such as ADHD Rodenticide Act (7 U.S.C. 136a(g)), any toler- safety standard, and additionally the major- or autism spectrum disorder,’’ and listed ity of estimated drinking water exposures ance review under section 408 of the Federal organophosphate pesticides, among them. In Food, Drug, and Cosmetic Act (21 U.S.C. from currently allowed uses of chlorpyrifos the United States, based on reporting from also exceeded acceptable levels, reinforcing 346a), or any registration or modification, parents, 1 in 6 children have a developmental cancellation, or suspension of a registration the need to revoke all food tolerances for the disability or other developmental delay. The pesticide. under section 3 or 6 of the Federal Insecti- TENDR Consensus Statement concludes that cide, Fungicide, and Rodenticide Act (7 (9) Chlorpyrifos threatens the healthy de- ‘‘to help reduce the unacceptably high preva- velopment of children. Children experience U.S.C. 136a, 136d), if— lence of neurodevelopmental disorders in our (1) the organophosphate pesticide does not greater exposure to chlorpyrifos and other children, we must eliminate or significantly pesticides because, relative to adults, they meet applicable requirements established reduce exposures to chemicals that con- under those provisions of law; or eat and drink more proportional to their tribute to these conditions.’’. body weight. A growing body of evidence (2) the review, registration, modification, SEC. 3. PROHIBITIONS RELATING TO cancellation, or suspension is required— shows that prenatal exposure to very low CHLORPYRIFOS. (A) by statute; levels of chlorpyrifos can lead to lasting and Section 402 of the Federal Food, Drug, and (B) by judicial order; or possibly permanent neurological impair- Cosmetic Act (21 U.S.C. 342) is amended by (C) to respond to a petition. ments. In November 2016, EPA released a re- adding at the end the following: vised human health risk assessment for ‘‘(j) Notwithstanding any other provision chlorpyrifos that confirmed that there are of law, if it bears or contains chlorpyrifos, By Mr. REED (for himself, Mr. no acceptable uses for the pesticide, all food including any residue of chlorpyrifos, or any ROUNDS, Mr. BROWN, Ms. COL- uses exceed acceptable levels, with children other added substance that is present on or LINS, Mr. CARPER, Mr. COONS,

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.038 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4195 Mr. WHITEHOUSE, Mrs. SHAHEEN, The impact of cancelling DEPSCoR save the taxpayers of the United States bil- Ms. CORTEZ MASTO, and Ms. went far beyond research grants. De- lions of dollars each year and serve the pub- HIRONO): veloping university research capabili- lic interest by ensuring that the United S. 1629. A bill to reauthorize the De- ties in all 50 States is critical to meet- States remains an ethical and safe place; and partment of Defense Experimental Pro- Whereas it is the public policy of the ing DoD workforce needs. The Defense United States to encourage, in accordance gram to Stimulate Competitive Re- Laboratory Enterprise is more national with Federal law (including the Constitution search, and for other purposes; to the in scope than NASA or the Department of the United States, rules, and regulations) Committee on Armed Services. of Energy’s National Laboratory sys- and consistent with the protection of classi- Mr. REED. Mr. President, today I am tem, with facilities in 24 States, includ- fied information (including sources and introducing the DEPSCoR Reauthor- ing DEPSCoR-eligible States. The 2016 methods of detection of classified informa- ization Act of 2017 along with Senators review of DoD laboratories by the De- tion), honest and good faith reporting of mis- ROUNDS, BROWN, COLLINS, CARPER, fense Science Board reported that conduct, fraud, misdemeanors, and other crimes to the appropriate authority at the COONS, WHITEHOUSE, SHAHEEN, CORTEZ these laboratories depend on locally earliest time possible: Now, therefore, be it MASTO, and HIRONO. trained scientists and engineers. With- Resolved, That the Senate— The purpose of this bill is to ensure out relevant training provided through (1) designates July 30, 2017, as ‘‘National that we have universities in all 50 DoD-supported research projects at Whistleblower Appreciation Day’’; and States capable of working with the De- nearby universities, these facilities (2) ensures that the Federal Government partment of Defense on advanced re- may struggle to find highly qualified implements the intent of the Founding Fa- search topics. A truly National net- scientists and engineers. thers, as reflected in the legislation enacted work of university researchers who un- Because of these concerns, I have on July 30, 1778, by encouraging each execu- tive agency to recognize National Whistle- derstand the needs of the Department been working with my colleague on the of Defense puts us in the best possible blower Appreciation Day by— Armed Services Committee, Senator (A) informing employees, contractors position to respond to the ever-chang- ROUNDS of South Dakota, to revive this working on behalf of United States tax- ing threats our armed forces face. This program. This reauthorization uses the payers, and members of the public about the network will also meet the workforce lessons learned from the previous legal right of a United States citizen to needs of our defense laboratories by iteration of DEPSCoR to improve the ‘‘blow the whistle’’ to the appropriate au- training graduate students in defense- program, making it more responsive to thority by honest and good faith reporting of relevant research. This bill reauthor- Department of Defense needs. misconduct, fraud, misdemeanors, or other crimes; and izes the DEPSCoR program, which is I invite our colleagues to join us in modeled on the NSF’s successful (B) acknowledging the contributions of supporting this legislation. whistleblowers to combating waste, fraud, EPSCoR program for States that re- f abuse, and violations of laws and regulations ceive relatively low amounts of Fed- of the United States. SUBMITTED RESOLUTIONS eral science funding. The bill will focus f the DEPSCoR program on defense re- search, while allowing the scientists AMENDMENTS SUBMITTED AND and engineers of our defense labora- SENATE RESOLUTION 231—DESIG- PROPOSED tories to work directly with university NATING JULY 30, 2017, AS ‘‘NA- SA 262. Mrs. SHAHEEN (for herself and Mr. researchers from DEPSCoR-eligible TIONAL WHISTLEBLOWER AP- SASSE) submitted an amendment intended to States. PRECIATION DAY’’ be proposed by her to the bill S. 1519, to au- Seven years ago, Congress asked the Mr. GRASSLEY (for himself, Mr. thorize appropriations for fiscal year 2018 for military activities of the Department of De- National Academy of Sciences to study JOHNSON, Ms. BALDWIN, Mr. CARPER, the EPSCoR programs. The study con- fense, for military construction, and for de- Mr. WYDEN, Mr. MARKEY, Mr. BOOZMAN, fense activities of the Department of Energy, cluded that it was in the National in- Mrs. MCCASKILL, Mr. TILLIS, Mrs. to prescribe military personnel strengths for terest to engage scientific talent in all ERNST, Mrs. FISCHER, Mr. PETERS, and such fiscal year, and for other purposes; 50 States, and that EPSCoR programs Mrs. FEINSTEIN) submitted the fol- which was ordered to lie on the table. were a valuable part of a National lowing resolution; which was referred SA 263. Mrs. SHAHEEN submitted an strategy to maintain global scientific to the Committee on the Judiciary: amendment intended to be proposed by her to the bill S. 1519, supra; which was ordered leadership. The report emphasized that S. RES. 231 successfully engaging all 50 States re- to lie on the table. Whereas, in 1777, before the passage of the quired the involvement of technology- SA 264. Mr. McCAIN submitted an amend- Bill of Rights, 10 sailors and marines blew ment intended to be proposed by him to the driven agencies, including the Depart- the whistle on fraud and misconduct that bill H.R. 1628, to provide for reconciliation ment of Defense, to complement the was harmful to the United States; pursuant to title II of the concurrent resolu- basic science focus of the NSF. Whereas the Founding Fathers unani- tion on the budget for fiscal year 2017; which Until 2009, the Department of Defense mously supported the whistleblowers in was ordered to lie on the table. managed an EPSCoR-like program, words and deeds, including by releasing gov- SA 265. Mr. McCAIN submitted an amend- known as DEPSCoR. An independent ernment records and providing monetary as- ment intended to be proposed by him to the evaluation of DEPSCoR, conducted by sistance for the reasonable legal expenses bill H.R. 1628, supra; which was ordered to lie necessary to prevent retaliation against the the Institute for Defense Analyses, on the table. whistleblowers; SA 266. Mr. McCAIN submitted an amend- showed that DEPSCoR research con- Whereas, on July 30, 1778, in demonstration ment intended to be proposed by him to the tributed to the DoD mission, producing of their full support for whistleblowers, the bill H.R. 1628, supra; which was ordered to lie high-quality research and new tech- members of the Continental Congress unani- on the table. nologies that were operationally de- mously enacted the first whistleblower legis- SA 267. Mr. McCONNELL proposed an ployed in areas such as missile guid- lation in the United States that read: ‘‘Re- amendment to the bill H.R. 1628, supra. ance and communications. solved, That it is the duty of all persons in SA 268. Mr. WHITEHOUSE submitted an DEPSCoR also successfully developed the service of the United States, as well as amendment intended to be proposed by him defense research capabilities in States all other the inhabitants thereof, to give the to the bill H.R. 1628, supra; which was or- earliest information to Congress or other dered to lie on the table. historically underserved by Federal re- proper authority of any misconduct, frauds SA 269. Mr. REED (for himself, Mr. search and development (R&D) funding. or misdemeanors committed by any officers ROUNDS, Mr. BROWN, Ms. COLLINS, Mr. CAR- Since DEPSCoR stopped receiving Con- or persons in the service of these states, PER, Mr. COONS, Mr. WHITEHOUSE, Mrs. SHA- gressional support, defense research in which may come to their knowledge’’ (legis- HEEN, Ms. CORTEZ MASTO, and Ms. HIRONO) DEPSCoR-eligible States has plum- lation of July 30, 1778, reprinted in Journals submitted an amendment intended to be pro- meted, with the decreases far larger of the Continental Congress, 1774–1789, ed. Wor- posed by him to the bill H.R. 2810, to author- than the relatively modest amounts thington C. Ford et al. (Washington, D.C., ize appropriations for fiscal year 2018 for going to DEPSCoR awards. This shows 1904–37), 11:732); military activities of the Department of De- Whereas whistleblowers risk their careers, fense, for military construction, and for de- that DEPSCoR was doing what Con- jobs, and reputations by reporting waste, fense activities of the Department of Energy, gress intended the program to do: de- fraud, and abuse to the proper authorities; to prescribe military personnel strengths for velop competitive defense researchers Whereas, in providing the proper authori- such fiscal year, and for other purposes; in all 50 States. ties with lawful disclosures, whistleblowers which was ordered to lie on the table.

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.030 S25JYPT1 S4196 CONGRESSIONAL RECORD — SENATE July 25, 2017 SA 270. Mr. McCONNELL proposed an respect to the military and diplomatic strat- tive organizations to serve as a liaison offi- amendment to amendment SA 267 proposed egy of the United States with respect to the cer to the Group. by Mr. MCCONNELL to the bill H.R. 1628, to conflict in Syria. (f) REPORT.— provide for reconciliation pursuant to title II (c) COMPOSITION.— (1) FINAL REPORT.—Not later than Sep- of the concurrent resolution on the budget (1) MEMBERSHIP.—The Group shall be com- tember 30, 2018, the Group shall submit to for fiscal year 2017. posed of 8 members appointed as follows: the President, the Secretary of Defense, the SA 271. Mr. ENZI (for Mr. PAUL) proposed (A) One member appointed by the chair of Committee on Armed Services of the Senate, an amendment to amendment SA 267 pro- the Committee on Armed Services of the the Committee on Armed Services of the posed by Mr. MCCONNELL to the bill H.R. Senate. House of Representatives, the Committee on 1628, supra. (B) One member appointed by the ranking Foreign Relations of the Senate, and the SA 272. Mr. JOHNSON submitted an minority member of the Committee on Committee on Foreign Affairs of the House amendment intended to be proposed to Armed Services of the Senate. of Representatives a report on the findings, amendment SA 267 proposed by Mr. MCCON- (C) One member appointed by the chair of conclusions, and recommendations of the NELL to the bill H.R. 1628, supra; which was the Committee on Foreign Relations of the Group under this section. The report shall do ordered to lie on the table. Senate. each of the following: SA 273. Mr. JOHNSON submitted an (D) One member appointed by the ranking (A) Assess the current security, political, amendment intended to be proposed to minority member of the Committee on For- humanitarian, and economic situation in amendment SA 267 proposed by Mr. MCCON- eign Relations of the Senate. Syria. NELL to the bill H.R. 1628, supra; which was (E) One member appointed by the chair of (B) Assess the current participation and ordered to lie on the table. the Committee on Armed Services of the objectives of various external actors in SA 274. Mr. BARRASSO submitted an House of Representatives. Syria. amendment intended to be proposed to (F) One member appointed by the ranking (C) Assess the consequences of continued minority member of the Committee on amendment SA 267 proposed by Mr. MCCON- conflict in Syria. Armed Services of the House of Representa- NELL to the bill H.R. 1628, supra; which was (D) Provide recommendations for a diplo- ordered to lie on the table. tives. matic resolution of the conflict in Syria, in- SA 275. Mr. BARRASSO submitted an (G) One member appointed by the chair of cluding options for a gradual political tran- amendment intended to be proposed to the Committee on Foreign Affairs of the sition to a post-Assad Syria and actions nec- House of Representatives. amendment SA 267 proposed by Mr. MCCON- essary for reconciliation. (H) One member appointed by the ranking NELL to the bill H.R. 1628, supra; which was (E) Provide a roadmap for a United States minority member of the Committee on For- ordered to lie on the table. and coalition strategy to reestablish secu- eign Affairs of the House of Representatives. SA 276. Mr. KAINE (for himself, Mr. CAR- rity and governance in Syria, including rec- (2) CO-CHAIRS.— PER, Mr. COONS, Mrs. SHAHEEN, Mr. CARDIN, ommendations for the synchronization of (A) The chair of the Committee on Armed Ms. HASSAN, Ms . KLOBUCHAR, Ms. STABENOW, stabilization, development, counterter- Services of the Senate, the chair of the Com- Mr. WARNER, Ms. HEITKAMP, and Mr. NELSON) rorism, and reconstruction efforts. mittee on Armed Services of the House of submitted an amendment intended to be pro- (F) Address any other matters with respect Representatives, the chair of the Committee posed by him to the bill H.R. 1628, supra; to the conflict in Syria that the Group con- on Foreign Relations of the Senate, and the which was ordered to lie on the table. siders appropriate. chair of the Committee on Foreign Affairs of SA 277. Mr. KAINE submitted an amend- (2) INTERIM BRIEFING.—Not later than June the House of Representatives shall jointly ment intended to be proposed by him to the 30, 2018, the Group shall provide to the Com- designate one member of the Group to serve bill H.R. 2810, to authorize appropriations for mittees on Armed Services of the Senate and as co-chair of the Group. fiscal year 2018 for military activities of the the House of Representatives a briefing on (B) The ranking minority member of the Department of Defense, for military con- the status of its review and assessment Committee on Armed Services of the Senate, struction, and for defense activities of the under subsection (d), together with a discus- the ranking minority member of the Com- Department of Energy, to prescribe military sion of any interim recommendations devel- mittee on Armed Services of the House of personnel strengths for such fiscal year, and oped by the Group as of the date of the brief- Representatives, the ranking minority mem- for other purposes; which was ordered to lie ing. ber of the Committee on Foreign Relations on the table. (3) FORM OF REPORT.—The report submitted of the Senate, and the ranking minority SA 278. Ms. DUCKWORTH submitted an to Congress under paragraph (1) shall be sub- member of the Committee on Foreign Affairs amendment intended to be proposed by her mitted in unclassified form, but may include of the House of Representatives shall jointly to the bill H.R. 2810, supra; which was or- a classified annex. designate one member of the Group to serve dered to lie on the table. (g) FACILITATION.—The United States Insti- as co-chair of the Group. SA 279. Mr. PAUL submitted an amend- tute of Peace shall take appropriate actions (3) PERIOD OF APPOINTMENT; VACANCIES.— ment intended to be proposed by him to the to facilitate the Group in the discharge of its Members shall be appointed for the life of bill H.R. 1628, to provide for reconciliation duties under this section. the Group. Any vacancy in the Group shall pursuant to title II of the concurrent resolu- (h) TERMINATION.—The Group shall termi- be filled in the same manner as the original tion on the budget for fiscal year 2017; which nate six months after the date on which it appointment. was ordered to lie on the table. submits the report required by subsection (d) DUTIES.— (f)(1). SA 280. Mr. PAUL submitted an amend- (1) REVIEW.—The Group shall review the (i) FUNDING.—Of the amounts authorized to ment intended to be proposed by him to the current situation with respect to the United be appropriated for fiscal year 2018 for the bill H.R. 1628, supra; which was ordered to lie States military and diplomatic strategy in Department of Defense by this Act, $1,500,000 on the table. Syria, including a review of current United is available to fund the activities of the f States objectives in Syria and the desired Group. TEXT OF AMENDMENTS end state in Syria. (2) ASSESSMENT AND RECOMMENDATIONS.— SA 263. Mrs. SHAHEEN submitted an SA 262. Mrs. SHAHEEN (for herself The Group shall— amendment intended to be proposed by and Mr. SASSE) submitted an amend- (A) conduct a comprehensive assessment of her to the bill S. 1519, to authorize ap- ment intended to be proposed by her to the current situation in Syria, its impact on propriations for fiscal year 2018 for the bill S. 1519, to authorize appropria- neighboring countries, resulting regional and military activities of the Department tions for fiscal year 2018 for military geopolitical threats to the United States, of Defense, for military construction, and current military, diplomatic, and polit- activities of the Department of De- and for defense activities of the De- ical efforts to achieve a stable Syria; and partment of Energy, to prescribe mili- fense, for military construction, and (B) develop recommendations on a military for defense activities of the Depart- and diplomatic strategy for the United tary personnel strengths for such fiscal ment of Energy, to prescribe military States with respect to the conflict in Syria. year, and for other purposes; which was personnel strengths for such fiscal (e) COOPERATION FROM UNITED STATES GOV- ordered to lie on the table; as follows: year, and for other purposes; which was ERNMENT.— At the end of subtitle G of title X of divi- ordered to lie on the table; as follows: (1) IN GENERAL.—The Group shall receive sion A, insert the following: the full and timely cooperation of the Sec- SEC. 1088. FOREIGN AGENTS REGISTRATION. At the end of subtitle C of title XII, add retary of Defense, the Secretary of State, (a) SHORT TITLE.—This section may be the following: and the Director of National Intelligence in cited as the ‘‘Foreign Agents Registration SEC. 1235. SYRIA STUDY GROUP. providing the Group with analyses, briefings, Modernization and Enforcement Act’’. (a) ESTABLISHMENT.—There is hereby es- and other information necessary for the dis- (b) CIVIL INVESTIGATIVE DEMAND AUTHOR- tablished a working group to be known as charge of the duties of the Group. ITY.—The Foreign Agents Registration Act the ‘‘Syria Study Group’’ (in this section re- (2) LIAISON.—The Secretary of Defense, the of 1938 (22 U.S.C. 611 et seq.) is amended— ferred to as the ‘‘Group’’). Secretary of State, and the Director of Na- (1) by redesignating sections 8, 9, 10, 11, 12, (b) PURPOSE.—The purpose of the Group is tional Intelligence shall each designate at 13, and 14 as sections 9, 10, 11, 12, 13, 14, and to examine and make recommendations with least one officer or employee of their respec- 16, respectively; and

VerDate Sep 11 2014 01:58 Oct 11, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD17\JULY\S25JY7.REC S25JY7 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4197 (2) by inserting after section 7 (22 U.S.C. or profile from which the information is sent (III) by striking subclause (VI). 617) the following: includes a conspicuous statement that— C ‘‘CIVIL INVESTIGATIVE DEMAND AUTHORITY ‘‘(A) the account is operated by, and dis- SA 265. Mr. M CAIN submitted an tributes information on behalf of, the foreign amendment intended to be proposed by ‘‘SEC. 8. (a) Whenever the Attorney General agent; and has reason to believe that any person or en- him to the bill H.R. 1628, to provide for ‘‘(B) additional information about the ac- terprise may be in possession, custody, or reconciliation pursuant to title II of count is on file with the Department of Jus- control of any documentary material rel- the concurrent resolution on the budg- tice in Washington, District of Columbia. evant to an investigation under this Act, the ‘‘(3) Informational materials disseminated et for fiscal year 2017; which was or- Attorney General, before initiating a civil or by an agent of a foreign principal as part of dered to lie on the table; as follows: criminal proceeding with respect to the pro- an activity that is exempt from registration, Beginning on page 61, strike line 15 and all duction of such material, may serve a writ- or an activity which by itself would not re- that follows through page 62, line 13, and in- ten demand upon such person to produce quire registration, need not be filed under sert the following: such material for examination. this subsection.’’. ‘‘(3) APPLICABLE ANNUAL INFLATION FAC- ‘‘(b) Each such demand under subsection (d) FEES.— TOR.—In paragraph (2), the term ‘applicable (a) shall— (1) REPEAL.—The Department of Justice annual inflation factor’ means, for a fiscal ‘‘(1) state the nature of the conduct consti- and Related Agencies Appropriations Act, year— tuting the alleged violation which is under 1993 (title I of Public Law 102–395) is amend- ‘‘(A) for each of the 1903A enrollee cat- investigation and the provision of law appli- ed, under the heading ‘‘SALARIES AND EX- egories described in subparagraphs (C), (D), cable to such violation; PENSES, GENERAL LEGAL ACTIVITIES’’, by and (E) of subsection (e)(2), the percentage ‘‘(2) describe the class or classes of docu- striking ‘‘In addition, notwithstanding 31 increase in the medical care component of mentary material required to be produced U.S.C. 3302, for fiscal year 1993 and there- the consumer price index for all urban con- under such demand with such definiteness after, the Attorney General shall establish sumers (U.S. city average) from September and certainty as to permit such material to and collect fees to recover necessary ex- of the previous fiscal year to September of be fairly identified; penses of the Registration Unit (to include the fiscal year involved, plus 1 percentage ‘‘(3) state that the demand is immediately salaries, supplies, equipment and training) point; and returnable or prescribe a return date which pursuant to the Foreign Agents Registration ‘‘(B) for each of the 1903A enrollee cat- will provide a reasonable period within Act, and shall credit such fees to this appro- egories described in subparagraphs (A) and which the material may be assembled and priation, to remain available until ex- (B) of subsection (e)(2), the percentage in- made available for inspection and copying or pended.’’. crease in the medical care component of the reproduction; and (2) REGISTRATION FEE.—The Foreign Agents consumer price index for all urban con- ‘‘(4) identify the custodian to whom such Registration Act of 1938, as amended (22 sumers (U.S. city average) from September material shall be made available. U.S.C. 611 et seq.), as amended by this Act, is of the previous fiscal year to September of ‘‘(c) A demand under subsection (a) may further amended by adding after section 14, the fiscal year involved, plus 2 percentage not— as redesignated by subsection (b)(1), the fol- points. ‘‘(1) contain any requirement that would lowing: SA 266. Mr. MCCAIN submitted an be considered unreasonable if contained in a ‘‘FEES subpoena duces tecum issued by a court of amendment intended to be proposed by ‘‘SEC. 15. The Attorney General shall— the United States in aid of grand jury inves- ‘‘(1) establish and collect a registration him to the bill H.R. 1628, to provide for tigation of such alleged violation; or fee, as part of the initial filing requirement, reconciliation pursuant to title II of ‘‘(2) require the production of any docu- to help defray the expenses of the FARA the concurrent resolution on the budg- mentary evidence that would be privileged Registration Unit; and et for fiscal year 2017; which was or- from disclosure if demanded by a subpoena ‘‘(2) credit such fees to the amount appro- dered to lie on the table; as follows: duces tecum issued by a court of the United priated to carry out the activities of the Na- On page 40, strike lines 1 through 19 and in- States in aid of a grand jury investigation of tional Security Division, which shall remain sert the following: such alleged violation.’’. available until expended.’’. ‘‘(E) 90 percent for calendar quarters in (c) INFORMATIONAL MATERIALS.— (e) REPORTS TO CONGRESS.—Section 12 of 2020; (1) DEFINITIONS.—Section 1 of the Foreign the Foreign Agents Registration Act of 1938, ‘‘(F) 88 percent for calendar quarters in Agents Registration Act of 1938, as amended as amended, as redesignated by subsection 2021; (22 U.S.C. 611) is amended— (b)(1), is amended to read as follows: ‘‘(G) 86 percent for calendar quarters in (A) in subsection (c), by striking ‘‘Expect ‘‘REPORTS TO CONGRESS 2022; as provided in subsection (d) hereof,’’ and in- ‘‘SEC. 12. The Assistant Attorney General ‘‘(H) 84 percent for calendar quarters in serting ‘‘Except as provided in subsection for National Security, through the FARA 2023; (d),’’; and Registration Unit of the National Security ‘‘(I) 82 percent for calendar quarters in (B) by inserting after subsection (i) the fol- Division, shall submit a semiannual report 2024; lowing: to Congress regarding the administration of ‘‘(J) 80 percent for calendar quarters in ‘‘(j) The term ‘informational materials’ this Act. Each report under this section shall 2025; means any oral, visual, graphic, written, or include, for the applicable reporting period, ‘‘(K) 78 percent for calendar quarters in pictorial information or matter of any kind, the identification of— 2026; including matter published by means of ad- ‘‘(1) registrations filed pursuant to this ‘‘(L) 76 percent for calendar quarters in vertising, books, periodicals, newspapers, Act; 2027; lectures, broadcasts, motion pictures, or any ‘‘(2) the nature, sources, and content of po- ‘‘(M) 74 percent for calendar quarters in means or instrumentality of interstate or litical propaganda disseminated and distrib- 2028; and foreign commerce or otherwise.’’. uted by agents of foreign principal; ‘‘(N) 72 percent for calendar quarters in (2) INFORMATIONAL MATERIALS.—Section 4 ‘‘(3) the number of investigations initiated 2029.’’; and of the such Act (22 U.S.C. 614) is amended— based upon a perceived violation of section 8; (iv) by adding after and below subpara- (A) in subsection (a)— and graph (H) (as added by clause (iii)), the fol- (i) by inserting ‘‘, including electronic mail ‘‘(4) the number of such investigations that lowing flush sentence: and social media,’’ after ‘‘United States were referred to the Attorney General for ‘‘The Federal medical assistance percentage mails’’; and prosecution.’’. (ii) by striking ‘‘, not later than forty- determined for a State and year under sub- section (b) shall apply to expenditures for eight hours after the beginning of the trans- SA 264. Mr. MCCAIN submitted an mittal thereof, file with the Attorney Gen- medical assistance to newly eligible individ- amendment intended to be proposed by uals (as so described) and expansion enroll- eral two copies thereof’’ and inserting ‘‘file him to the bill H.R. 1628, to provide for such materials with the Attorney General in ees (as so defined), in the case of a State that conjunction with, and at the same intervals reconciliation pursuant to title II of has elected to cover newly eligible individ- as, disclosures required under section 2(b).’’; the concurrent resolution on the budg- uals before March 1, 2017, for calendar quar- and et for fiscal year 2017; which was or- ters after 2029, and, in the case of any other (B) in subsection (b)— dered to lie on the table; as follows: State, for calendar quarters (or portions of (i) by striking ‘‘It shall’’ and inserting ‘‘(1) Beginning on page 41, strike lines 9 calendar quarters) after February 28, 2017.’’; Except as provided in paragraph (2), it through 16 and insert the following: and (ii) in subparagraph (B)(ii)— shall’’; and SA 267. Mr. McCONNELL proposed an (ii) by inserting at the end the following: (I) in subclause (IV), by striking the semi- ‘‘(2) Foreign agents described in paragraph colon and inserting ‘‘; and’’; amendment to the bill H.R. 1628, to (1) may omit disclosure required under that (II) in subclause (V), by striking ‘‘2018 is 90 provide for reconciliation pursuant to paragraph in individual messages, posts, or percent; and’’ and inserting ‘‘2018 and each title II of the concurrent resolution on transmissions on social media on behalf of a subsequent year through 2023 is 90 percent.’’; the budget for fiscal year 2017; as fol- foreign principal if the social media account and lows:

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.043 S25JYPT1 S4198 CONGRESSIONAL RECORD — SENATE July 25, 2017

Strike all after the first word and insert (b) EFFECTIVE DATE.—The amendments (i) in subparagraph (A), by inserting the following: made by this section shall apply to months ‘‘through 2019’’ after ‘‘each year thereafter’’; 1. SHORT TITLE. beginning after December 31, 2015. and This Act may be cited as the ‘‘Obamacare SEC. 106. FEDERAL PAYMENTS TO STATES. (ii) in subparagraph (B)(ii)(VI), by striking Repeal Reconciliation Act of 2017’’. ‘‘and each subsequent year’’; (a) IN GENERAL.—Notwithstanding section (3) in section 1915(k)(2), by striking ‘‘during TITLE I 504(a), 1902(a)(23), 1903(a), 2002, 2005(a)(4), the period described in paragraph (1)’’ and in- 2102(a)(7), or 2105(a)(1) of the Social Security SEC. 101. RECAPTURE EXCESS ADVANCE PAY- serting ‘‘on or after the date referred to in MENTS OF PREMIUM TAX CREDITS. Act (42 U.S.C. 704(a), 1396a(a)(23), 1396b(a), paragraph (1) and before January 1, 2020’’; Subparagraph (B) of section 36B(f)(2) of the 1397a, 1397d(a)(4), 1397bb(a)(7), 1397ee(a)(1)), or (4) in section 1920(e), by adding at the end Internal Revenue Code of 1986 is amended by the terms of any Medicaid waiver in effect on the following: ‘‘This subsection shall not adding at the end the following new clause: the date of enactment of this Act that is ap- apply after December 31, 2019.’’; ‘‘(iii) NONAPPLICABILITY OF LIMITATION.— proved under section 1115 or 1915 of the So- (5) in section 1937(b)(5), by adding at the This subparagraph shall not apply to taxable cial Security Act (42 U.S.C. 1315, 1396n), for end the following: ‘‘This paragraph shall not years ending after December 31, 2017, and be- the 1-year period beginning on the date of apply after December 31, 2019.’’; and fore January 1, 2020.’’. enactment of this Act, no Federal funds pro- (6) in section 1943(a), by inserting ‘‘and be- vided from a program referred to in this sub- SEC. 102. PREMIUM TAX CREDIT. fore January 1, 2020,’’ after ‘‘January 1, section that is considered direct spending for (a) PREMIUM TAX CREDIT.— 2014,’’. (1) REPEAL.— any year may be made available to a State for payments to a prohibited entity, whether SEC. 108. REPEAL OF DSH ALLOTMENT REDUC- (A) IN GENERAL.—Subpart C of part IV of TIONS. made directly to the prohibited entity or subchapter A of chapter 1 of the Internal Section 1923(f) of the Social Security Act through a managed care organization under Revenue Code of 1986 is amended by striking (42 U.S.C. 1396r–4(f)) is amended by striking contract with the State. section 36B. paragraphs (7) and (8). (B) EFFECTIVE DATE.—The amendment (b) DEFINITIONS.—In this section: SEC. 109. REPEAL OF THE TAX ON EMPLOYEE (1) PROHIBITED ENTITY.—The term ‘‘prohib- made by this paragraph shall apply to tax- HEALTH INSURANCE PREMIUMS able years beginning after December 31, 2019. ited entity’’ means an entity, including its AND HEALTH PLAN BENEFITS. affiliates, subsidiaries, successors, and clin- (b) REPEAL OF ELIGIBILITY DETERMINA- (a) IN GENERAL.—Chapter 43 of the Internal TIONS.— ics— Revenue Code of 1986 is amended by striking (1) IN GENERAL.—The following sections of (A) that, as of the date of enactment of section 4980I. the Patient Protection and Affordable Care this Act— (b) EFFECTIVE DATE.—The amendment Act are repealed: (i) is an organization described in section made by subsection (a) shall apply to taxable (A) Section 1411 (other than subsection (i), 501(c)(3) of the Internal Revenue Code of 1986 years beginning after December 31, 2019. the last sentence of subsection (e)(4)(A)(ii), and exempt from tax under section 501(a) of (c) SUBSEQUENT EFFECTIVE DATE.—The and such provisions of such section solely to such Code; amendment made by subsection (a) shall not the extent related to the application of the (ii) is an essential community provider de- apply to taxable years beginning after De- last sentence of subsection (e)(4)(A)(ii)). scribed in section 156.235 of title 45, Code of cember 31, 2025, and chapter 43 of the Inter- (B) Section 1412. Federal Regulations (as in effect on the date nal Revenue Code of 1986 is amended to read (2) EFFECTIVE DATE.—The repeals in para- of enactment of this Act), that is primarily as such chapter would read if such sub- graph (1) shall take effect on January 1, 2020. engaged in family planning services, repro- section had never been enacted. (c) PROTECTING AMERICANS BY REPEAL OF ductive health, and related medical care; and SEC. 110. REPEAL OF TAX ON OVER-THE- DISCLOSURE AUTHORITY TO CARRY OUT ELIGI- (iii) provides for abortions, other than an COUNTER MEDICATIONS. BILITY REQUIREMENTS FOR CERTAIN PRO- abortion— (a) HSAS.—Subparagraph (A) of section GRAMS.— (I) if the pregnancy is the result of an act 223(d)(2) of the Internal Revenue Code of 1986 (1) IN GENERAL.—Paragraph (21) of section of rape or incest; or is amended by striking ‘‘Such term’’ and all 6103(l) of the Internal Revenue Code of 1986 is (II) in the case where a woman suffers from that follows through the period. amended by adding at the end the following a physical disorder, physical injury, or phys- (b) ARCHER MSAS.—Subparagraph (A) of new subparagraph: ical illness that would, as certified by a phy- section 220(d)(2) of the Internal Revenue ERMINATION.—No disclosure may be ‘‘(D) T sician, place the woman in danger of death Code of 1986 is amended by striking ‘‘Such made under this paragraph after December unless an abortion is performed, including a term’’ and all that follows through the pe- 31, 2019.’’. life-endangering physical condition caused riod. (2) EFFECTIVE DATE.—The amendment by or arising from the pregnancy itself; and (c) HEALTH FLEXIBLE SPENDING ARRANGE- made by paragraph (1) shall take effect on (B) for which the total amount of Federal MENTS AND HEALTH REIMBURSEMENT AR- January 1, 2020. and State expenditures under the Medicaid RANGEMENTS.—Section 106 of the Internal SEC. 103. SMALL BUSINESS TAX CREDIT. program under title XIX of the Social Secu- Revenue Code of 1986 is amended by striking (a) SUNSET.— rity Act in fiscal year 2014 made directly to subsection (f). the entity and to any affiliates, subsidiaries, (1) IN GENERAL.—Section 45R of the Inter- (d) EFFECTIVE DATES.— successors, or clinics of the entity, or made nal Revenue Code of 1986 is amended by add- (1) DISTRIBUTIONS FROM SAVINGS AC- to the entity and to any affiliates, subsidi- ing at the end the following new subsection: COUNTS.—The amendments made by sub- ‘‘(j) SHALL NOT APPLY.—This section shall aries, successors, or clinics of the entity as sections (a) and (b) shall apply to amounts not apply with respect to amounts paid or part of a nationwide health care provider paid with respect to taxable years beginning incurred in taxable years beginning after De- network, exceeded $1,000,000. after December 31, 2016. (2) DIRECT SPENDING.—The term ‘‘direct cember 31, 2019.’’. (2) REIMBURSEMENTS.—The amendment (2) EFFECTIVE DATE.—The amendment spending’’ has the meaning given that term made by subsection (c) shall apply to ex- made by this subsection shall apply to tax- under section 250(c) of the Balanced Budget penses incurred with respect to taxable years able years beginning after December 31, 2019. and Emergency Deficit Control Act of 1985 (2 beginning after December 31, 2016. U.S.C. 900(c)). SEC. 104. INDIVIDUAL MANDATE. SEC. 111. REPEAL OF TAX ON HEALTH SAVINGS (a) IN GENERAL.—Section 5000A(c) of the In- SEC. 107. MEDICAID. ACCOUNTS. ternal Revenue Code of 1986 is amended— The Social Security Act (42 U.S.C. 301 et (a) HSAS.—Section 223(f)(4)(A) of the Inter- (1) in paragraph (2)(B)(iii), by striking ‘‘2.5 seq.) is amended— nal Revenue Code of 1986 is amended by percent’’ and inserting ‘‘Zero percent’’, and (1) in section 1902— striking ‘‘20 percent’’ and inserting ‘‘10 per- (2) in paragraph (3)— (A) in subsection (a)(10)(A), in each of cent’’. (A) by striking ‘‘$695’’ in subparagraph (A) clauses (i)(VIII) and (ii)(XX), by inserting (b) ARCHER MSAS.—Section 220(f)(4)(A) of and inserting ‘‘$0’’, and ‘‘and ending December 31, 2019,’’ after ‘‘Janu- the Internal Revenue Code of 1986 is amended (B) by striking subparagraph (D). ary 1, 2014,’’; and by striking ‘‘20 percent’’ and inserting ‘‘15 (b) EFFECTIVE DATE.—The amendments (B) in subsection (a)(47)(B), by inserting percent’’. made by this section shall apply to months ‘‘and provided that any such election shall (c) EFFECTIVE DATE.—The amendments beginning after December 31, 2015. cease to be effective on January 1, 2020, and made by this section shall apply to distribu- SEC. 105. EMPLOYER MANDATE. no such election shall be made after that tions made after December 31, 2016. (a) IN GENERAL.— date’’ before the semicolon at the end; SEC. 112. REPEAL OF LIMITATIONS ON CON- (1) Paragraph (1) of section 4980H(c) of the (2) in section 1905— TRIBUTIONS TO FLEXIBLE SPEND- Internal Revenue Code of 1986 is amended by (A) in the first sentence of subsection (b), ING ACCOUNTS. inserting ‘‘($0 in the case of months begin- by inserting ‘‘(50 percent on or after January (a) IN GENERAL.—Section 125 of the Inter- ning after December 31, 2015)’’ after ‘‘$2,000’’. 1, 2020)’’ after ‘‘55 percent’’; nal Revenue Code of 1986 is amended by (2) Paragraph (1) of section 4980H(b) of the (B) in subsection (y)(1), by striking the striking subsection (i). Internal Revenue Code of 1986 is amended by semicolon at the end of subparagraph (D) and (b) EFFECTIVE DATE.—The amendment inserting ‘‘($0 in the case of months begin- all that follows through ‘‘thereafter’’; and made by this section shall apply to plan ning after December 31, 2015)’’ after ‘‘$3,000’’. (C) in subsection (z)(2)— years beginning after December 31, 2017.

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.044 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4199 SEC. 113. REPEAL OF TAX ON PRESCRIPTION adding at the end the following new subpara- justments to any obligations incurred for MEDICATIONS. graph: plan years 2018 and 2019 may be made Subsection (j) of section 9008 of the Patient ‘‘(I) TERMINATION.—This paragraph shall through December 31, 2020. Protection and Affordable Care Act is not apply to taxable years beginning after SEC. 205. REPEAL OF COST-SHARING SUBSIDY amended to read as follows: December 31, 2016.’’. PROGRAM. ‘‘(j) REPEAL.—This section shall apply to TITLE II (a) IN GENERAL.—Section 1402 of the Pa- calendar years beginning after December 31, tient Protection and Affordable Care Act (42 2010, and ending before January 1, 2018.’’. SEC. 201. THE PREVENTION AND PUBLIC HEALTH U.S.C. 18071) is repealed. FUND. (b) EFFECTIVE DATE.—The repeal made by SEC. 114. REPEAL OF MEDICAL DEVICE EXCISE Subsection (b) of section 4002 of the Pa- TAX. subsection (a) shall apply to cost-sharing re- tient Protection and Affordable Care Act (42 Section 4191 of the Internal Revenue Code ductions (and payments to issuers for such U.S.C. 300u–11) is amended— of 1986 is amended by adding at the end the reductions) for plan years beginning after (1) in paragraph (3), by striking ‘‘each of following new subsection: December 31, 2019. fiscal years 2018 and 2019’’ and inserting ‘‘fis- ‘‘(d) APPLICABILITY.—The tax imposed cal year 2018’’; and under subsection (a) shall not apply to sales SA 268. Mr. WHITEHOUSE submitted (2) by striking paragraphs (4) through (8). after December 31, 2017.’’. an amendment intended to be proposed SEC. 202. SUPPORT FOR STATE RESPONSE TO by him to the bill H.R. 1628, to provide SEC. 115. REPEAL OF HEALTH INSURANCE TAX. SUBSTANCE ABUSE PUBLIC HEALTH Subsection (j) of section 9010 of the Patient CRISIS AND URGENT MENTAL for reconciliation pursuant to title II Protection and Affordable Care Act is HEALTH NEEDS. of the concurrent resolution on the amended by striking ‘‘, and’’ at the end of (a) IN GENERAL.—There are authorized to budget for fiscal year 2017; which was paragraph (1) and all that follows through be appropriated, and are appropriated, out of ordered to lie on the table; as follows: ‘‘2017’’. monies in the Treasury not otherwise obli- At the appropriate place, insert the fol- SEC. 116. REPEAL OF ELIMINATION OF DEDUC- gated, $750,000,000 for each of fiscal years 2018 lowing: TION FOR EXPENSES ALLOCABLE TO and 2019, to the Secretary of Health and SEC. lll. MEDICAL BANKRUPTCY FAIRNESS. MEDICARE PART D SUBSIDY. Human Services (referred to in this section (a) DEFINITIONS.— (a) IN GENERAL.—Section 139A of the Inter- as the ‘‘Secretary’’) to award grants to (1) IN GENERAL.—Section 101 of title 11, nal Revenue Code of 1986 is amended by add- States to address the substance abuse public United States Code, is amended— ing at the end the following new sentence: health crisis or to respond to urgent mental (A) by inserting after paragraph (39A) the ‘‘This section shall not be taken into ac- health needs within the State. In awarding following: count for purposes of determining whether grants under this section, the Secretary may ‘‘(39B) The term ‘medical debt’ means any any deduction is allowable with respect to give preference to States with an incidence debt incurred voluntarily or involuntarily— any cost taken into account in determining or prevalence of substance use disorders that ‘‘(A) as a result of the diagnosis, cure, such payment.’’. is substantial relative to other States or to mitigation, or treatment of injury, deform- (b) EFFECTIVE DATE.—The amendment States that identify mental health needs ity, or disease of an individual; or made by this section shall apply to taxable within their communities that are urgent ‘‘(B) for services performed by a medical years beginning after December 31, 2016. relative to such needs of other States. Funds professional in the prevention of disease or SEC. 117. REPEAL OF CHRONIC CARE TAX. appropriated under this subsection shall re- illness of an individual. (a) IN GENERAL.—Subsection (a) of section main available until expended. ‘‘(39C) The term ‘medically distressed debt- 213 of the Internal Revenue Code of 1986 is (b) USE OF FUNDS.—Grants awarded to a or’ means— amended by striking ‘‘10 percent’’ and insert- State under subsection (a) shall be used for ‘‘(A) a debtor who, during the 3 years be- ing ‘‘7.5 percent’’. one or more of the following public health- fore the date of the filing of the petition— (b) EFFECTIVE DATE.—The amendment related activities: ‘‘(i) incurred or paid aggregate medical made by this section shall apply to taxable (1) Improving State prescription drug mon- debts for the debtor, a dependent of the debt- years beginning after December 31, 2016. itoring programs. or, or a nondependent parent, grandparent, SEC. 118. REPEAL OF MEDICARE TAX INCREASE. (2) Implementing prevention activities, sibling, child, grandchild, or spouse of the and evaluating such activities to identify ef- (a) IN GENERAL.—Subsection (b) of section debtor that were not paid by any third-party 3101 of the Internal Revenue Code of 1986 is fective strategies to prevent substance payor and were greater than the lesser of— amended to read as follows: abuse. ‘‘(I) 10 percent of the debtor’s adjusted (3) Training for health care practitioners, ‘‘(b) HOSPITAL INSURANCE.—In addition to gross income (as such term is defined in sec- the tax imposed by the preceding subsection, such as best practices for prescribing opioids, tion 62 of the Internal Revenue Code of 1986); there is hereby imposed on the income of pain management, recognizing potential or every individual a tax equal to 1.45 percent cases of substance abuse, referral of patients ‘‘(II) $10,000; of the wages (as defined in section 3121(a)) re- to treatment programs, and overdose preven- ‘‘(ii) did not receive domestic support obli- ceived by such individual with respect to em- tion. gations, or had a spouse or dependent who ployment (as defined in section 3121(b).’’. (4) Supporting access to health care serv- did not receive domestic support obligations, (b) SECA.—Subsection (b) of section 1401 of ices provided by Federally certified opioid of at least $10,000 due to a medical issue of the Internal Revenue Code of 1986 is amended treatment programs or other appropriate the person obligated to pay that would cause to read as follows: health care providers to treat substance use the obligor to meet the requirements under disorders or mental health needs. ‘‘(b) HOSPITAL INSURANCE.—In addition to clause (i) or (iii), if the obligor was a debtor the tax imposed by the preceding subsection, (5) Other public health-related activities, in a case under this title; or there shall be imposed for each taxable year, as the State determines appropriate, related ‘‘(iii) experienced a change in employment on the self-employment income of every in- to addressing the substance abuse public status that resulted in a reduction in wages, dividual, a tax equal to 2.9 percent of the health crisis or responding to urgent mental salaries, commissions, or work hours or re- amount of the self-employment income for health needs within the State. sulted in unemployment due to— such taxable year.’’. SEC. 203. COMMUNITY HEALTH CENTER PRO- ‘‘(I) an injury, deformity, or disease of the GRAM. (c) EFFECTIVE DATE.—The amendments debtor; or made by this section shall apply with respect Effective as if included in the enactment of ‘‘(II) care for an injured, deformed, or ill to remuneration received after, and taxable the Medicare Access and CHIP Reauthoriza- dependent or nondependent parent, grand- years beginning after, December 31, 2017. tion Act of 2015 (Public Law 114–10, 129 Stat. parent, sibling, child, grandchild, or spouse 87), paragraph (1) of section 221(a) of such SEC. 119. REPEAL OF TANNING TAX. of the debtor; or Act is amended by inserting ‘‘, and an addi- (a) IN GENERAL.—The Internal Revenue ‘‘(B) a debtor who is the spouse of a debtor tional $422,000,000 for fiscal year 2017’’ after Code of 1986 is amended by striking chapter described in subparagraph (A).’’. ‘‘2017’’. 49. (2) CONFORMING AMENDMENTS.—Section 104 SEC. 204. FUNDING FOR COST-SHARING PAY- (b) EFFECTIVE DATE.—The amendment of title 11, United States Code, is amended— MENTS. made by this section shall apply to services (A) in subsection (a), in the matter pre- There is appropriated to the Secretary of performed after September 30, 2017. ceding paragraph (1), by inserting Health and Human Services, out of any ‘‘101(39C)(A),’’ after ‘‘101(19)(A),’’; and SEC. 120. REPEAL OF NET INVESTMENT TAX. money in the Treasury not otherwise appro- (B) in subsection (b), by inserting (a) IN GENERAL.—Subtitle A of the Internal priated, such sums as may be necessary for ‘‘101(39C)(A),’’ after ‘‘101(19)(A),’’. Revenue Code of 1986 is amended by striking payments for cost-sharing reductions au- (b) EXEMPTIONS.— chapter 2A. thorized by the Patient Protection and Af- (1) EXEMPT PROPERTY.—Section 522 of title (b) EFFECTIVE DATE.—The amendment fordable Care Act (including adjustments to 11, United States Code, is amended by adding made by this section shall apply to taxable any prior obligations for such payments) for at the end the following: years beginning after December 31, 2016. the period beginning on the date of enact- ‘‘(r)(1) If a medically distressed debtor ex- SEC. 121. REMUNERATION. ment of this Act and ending on December 31, empts property listed in subsection (b)(2), Paragraph (6) of section 162(m) of the In- 2019. Notwithstanding any other provision of the debtor may, in lieu of the exemption pro- ternal Revenue Code of 1986 is amended by this Act, payments and other actions for ad- vided under subsection (d)(1), elect to exempt

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.044 S25JYPT1 S4200 CONGRESSIONAL RECORD — SENATE July 25, 2017 the debtor’s aggregate interest, not to ex- bill H.R. 2810, to authorize appropria- pursuant to title II of the concurrent ceed $250,000 in value, in property described tions for fiscal year 2018 for military resolution on the budget for fiscal year in paragraph (3) of this subsection. activities of the Department of De- 2017; as follows: ‘‘(2) If a medically distressed debtor ex- Strike all after line one and insert the fol- empts property listed in subsection (b)(3) and fense, for military construction, and lowing: the exemption provided under applicable law for defense activities of the Depart- ment of Energy, to prescribe military This Act may be cited as the ‘‘Better Care specifically for the kind of property de- Reconciliation Act of 2017’’. scribed in paragraph (3) is for less than personnel strengths for such fiscal $250,000 in value, the debtor may elect to ex- year, and for other purposes; which was TITLE I empt the debtor’s aggregate interest, not to ordered to lie on the table; as follows: SEC. 101. ELIMINATION OF LIMITATION ON RE- exceed $250,000 in value, in any such prop- CAPTURE OF EXCESS ADVANCE PAY- At the appropriate place in Subtitle B of MENTS OF PREMIUM TAX CREDITS. erty. title II, insert the following: Subparagraph (B) of section 36B(f)(2) of the ‘‘(3) The property described in this para- SEC. lll. REAUTHORIZATION OF DEPARTMENT Internal Revenue Code of 1986 is amended by graph is— OF DEFENSE ESTABLISHED PRO- adding at the end the following new clause: ‘‘(A) real property or personal property GRAM TO STIMULATE COMPETITIVE ‘‘(iii) NONAPPLICABILITY OF LIMITATION.— that the debtor or a dependent of the debtor RESEARCH. This subparagraph shall not apply to taxable uses as a residence; (a) MODIFICATION OF PROGRAM OBJEC- years ending after December 31, 2017.’’. ‘‘(B) a cooperative that owns property that TIVES.—Subsection (b) of section 257 of the the debtor or a dependent of the debtor uses SEC. 102. RESTRICTIONS FOR THE PREMIUM TAX National Defense Authorization Act for Fis- CREDIT. as a residence; or cal Year 1995 (Public Law 103–337; 10 U.S.C. (a) ELIGIBILITY FOR CREDIT.— ‘‘(C) a burial plot for the debtor or a de- 2358 note) is amended— (1) IN GENERAL.—Section 36B(c)(1) of the In- pendent of the debtor.’’. (1) by redesignating paragraphs (1) and (2) ternal Revenue Code of 1986 is amended— (2) CONFORMING AMENDMENTS.—Section 104 as paragraphs (2) and (3), respectively; (A) by striking ‘‘equals or exceeds 100 per- of title 11, United States Code, is amended— (2) by inserting before paragraph (2), as re- cent but does not exceed 400 percent’’ in sub- (A) in subsection (a), in the matter pre- designated by paragraph (1), the following paragraph (A) and inserting ‘‘does not exceed ceding paragraph (1), by inserting ‘‘522(r),’’ new paragraph (1): 350 percent’’, and after ‘‘522(q),’’; and ‘‘(1) To increase the number of university (B) by striking subparagraph (B) and redes- (B) in subsection (b), by inserting ‘‘522(r),’’ researchers in eligible States capable of per- ignating subparagraphs (C) and (D) as sub- after ‘‘522(q),’’. forming science and engineering research re- paragraphs (B) and (C), respectively. (c) WAIVER OF ADMINISTRATIVE REQUIRE- sponsive to the needs of the Department of (2) TREATMENT OF CERTAIN ALIENS.— MENTS.— Defense.’’; and (A) IN GENERAL.—Paragraph (2) of section (1) CASE UNDER CHAPTER 7.—Section 707(b) (3) in paragraph (2), as redesignated by 36B(e) of the Internal Revenue Code of 1986 is of title 11, United States Code, is amended by paragraph (1), by inserting ‘‘relevant to the amended by striking ‘‘an alien lawfully adding at the end the following: mission of the Department of Defense and’’ present in the United States’’ and inserting ‘‘(8) Paragraph (2) does not apply in any after ‘‘that is’’. ‘‘a qualified alien (within the meaning of case in which the debtor is a medically dis- (b) MODIFICATION OF PROGRAM ACTIVITIES.— section 431 of the Personal Responsibility tressed debtor.’’. Subsection (c) of such section is amended— and Work Opportunity Reconciliation Act of (2) CASE UNDER CHAPTER 13.—Section (1) by redesignating paragraph (3) as para- 1996)’’. 1325(b)(1) of title 11, United States Code, is graph (4); and (B) AMENDMENTS TO PATIENT PROTECTION amended— (2) by inserting after paragraph (2) the fol- AND AFFORDABLE CARE ACT.— (A) in subparagraph (A), by striking ‘‘or’’ lowing new paragraph (3): (i) Section 1411(a)(1) of the Patient Protec- at the end; ‘‘(3) To provide assistance to science and tion and Affordable Care Act is amended by (B) in subparagraph (B), by striking the pe- engineering researchers at institutions of striking ‘‘or an alien lawfully present in the riod at the end and inserting ‘‘; or’’; and higher education in eligible States through United States’’ and inserting ‘‘or a qualified (C) by adding at the end the following: collaboration between Department of De- alien (within the meaning of section 431 of ‘‘(C) the debtor is a medically distressed fense laboratories and such researchers.’’. the Personal Responsibility and Work Oppor- debtor.’’. (c) MODIFICATION OF ELIGIBILITY CRITERIA tunity Reconciliation Act of 1996)’’. (d) CREDIT COUNSELING.—Section 109(h)(4) FOR STATE PARTICIPATION.—Subsection (d) of (ii) Section 1411(c)(2)(B) of such Act is of title 11, United States Code, is amended by such section is amended— amended by striking ‘‘an alien lawfully inserting ‘‘a medically distressed debtor or’’ (1) in paragraph (2)(B), by inserting ‘‘in present in the United States’’ each place it after ‘‘apply with respect to’’. areas relevant to the mission of the Depart- appears in clauses (i)(I) and (ii)(II) and in- (e) STUDENT LOAN UNDUE HARDSHIP.—Sec- ment of Defense’’ after ‘‘programs’’; and serting ‘‘a qualified alien (within the mean- tion 523(a)(8) of title 11, United States Code, (2) by adding at the end the following new ing of section 431 of the Personal Responsi- is amended by inserting ‘‘the debtor is a paragraph: bility and Work Opportunity Reconciliation medically distressed debtor or’’ before ‘‘ex- ‘‘(3) The Under Secretary shall not remove Act of 1996)’’. cepting’’. a designation of a State under paragraph (2) (iii) Section 1412(d) of such Act is amend- (f) ATTESTATION BY DEBTOR.—Section 521 of because the State exceeds the funding levels ed— title 11, United States Code, is amended by specified under subparagraph (A) of such (I) by striking ‘‘not lawfully present in the adding at the end the following: paragraph unless the State has exceeded United States’’ and inserting ‘‘not citizens or ‘‘(k) If the debtor seeks relief as a medi- such funding levels for at least two consecu- nationals of the United States or qualified cally distressed debtor, the debtor shall file tive years.’’. aliens (within the meaning of section 431 of a statement of medical expenses relevant to (d) MODIFICATION OF NAME.— the Personal Responsibility and Work Oppor- the determination of whether the debtor is a (1) IN GENERAL.—Such section is amended— medically distressed debtor, which state- (A) in subsections (a) and (e) by striking tunity Reconciliation Act of 1996)’’, and ment shall declare under penalty of perjury ‘‘Experimental’’ each place it appears and in- (II) by striking ‘‘INDIVIDUALS NOT LAW- that such medical expenses were not in- serting ‘‘Established’’; and FULLY PRESENT’’ in the heading and insert- ing ‘‘CERTAIN ALIENS’’. curred for the purpose of bringing the debtor (B) in the section heading, by striking ‘‘ex- (b) MODIFICATION OF LIMITATION ON PRE- within the meaning of the term medically perimental’’ and inserting ‘‘established’’. MIUM ASSISTANCE AMOUNT.— distressed debtor.’’. (2) CLERICAL AMENDMENT.—Such Act is (1) USE OF BENCHMARK PLAN.— (g) EFFECTIVE DATE; APPLICATION OF amended, in the table of contents in section (A) IN GENERAL.—Section 36B(b) of the In- AMENDMENTS.— 2(b), by striking the item relating to section ternal Revenue Code of 1986 is amended— (1) EFFECTIVE DATE.—Except as provided in 257 and inserting the following new item: paragraph (2), this section and the amend- (i) by striking ‘‘applicable second lowest ‘‘Sec. 257. Defense established program to cost silver plan’’ each place it appears in ments made by this section shall take effect stimulate competitive re- on the date of enactment of this Act. paragraph (2)(B)(i) and (3)(C) and inserting search.’’. ‘‘applicable median cost benchmark plan’’, (2) APPLICATION OF AMENDMENTS.—The (3) CONFORMING AMENDMENT.—Section 307 (ii) by striking ‘‘such silver plan’’ in para- amendments made by this section shall of the 1997 Emergency Supplemental Appro- apply only with respect to cases commenced graph (3)(C) and inserting ‘‘such benchmark priations Act for Recovery from Natural Dis- plan’’, and under title 11, United States Code, on or asters, and for Overseas Peacekeeping Ef- after the date of enactment of this Act. (iii) in paragraph (3)(B)— forts, Including Those in Bosnia (Public Law (I) by redesignating clauses (i) and (ii) as 105–18) is amended by striking ‘‘Experi- SA 269. Mr. REED (for himself, Mr. clauses (iii) and (iv), respectively, and by mental’’ and inserting ‘‘Established’’. striking all that precedes clause (iii) (as so ROUNDS, Mr. BROWN, Ms. COLLINS, Mr. redesignated) and inserting the following: ARPER OONS HITEHOUSE C C , Mr. C , Mr. W , SA 270. Mr. M CONNELL proposed an ‘‘(B) APPLICABLE MEDIAN COST BENCHMARK Mrs. SHAHEEN, Ms. CORTEZ MASTO, and amendment to amendment SA 267 pro- PLAN.—The applicable median cost bench- Ms. HIRONO) submitted an amendment posed by Mr. MCCONNELL to the bill mark plan with respect to any applicable intended to be proposed by him to the H.R. 1628, to provide for reconciliation taxpayer is the qualified health plan offered

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.046 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4201 in the individual market in the rating area dian premium, has a premium nearest (but market that meets the level of coverage de- in which the taxpayer resides which— not in excess of) such median premium),’’, scribed in clause (i), the Secretary of the ‘‘(i) provides a level of coverage that is de- and Treasury may increase the 58 percent signed to provide benefits that are actuari- (II) by striking ‘‘clause (ii)(I)’’ in the flush amount in such clause.’’. ally equivalent to 58 percent of the full actu- text at the end and inserting ‘‘clause (iv)(I)’’. (2) MODIFICATION OF APPLICABLE PERCENT- arial value of the benefits (as determined (B) WAIVER OF ACTUARIAL VALUE STANDARD AGE.—Section 36B(b)(3)(A) of the Internal under rules similar to the rules of para- FOR BENCHMARK PLANS.—Section 36B(b)(3)(B) Revenue Code of 1986 is amended— graphs (2) and (3) of section 1302(d) of the Pa- of the Internal Revenue Code of 1986, as (A) in clause (i), by striking ‘‘from the ini- tient Protection and Affordable Care Act) amended by subparagraph (A), is amended by tial premium percentage’’ and all that fol- provided under the plan, adding at the end the following new sen- lows and inserting ‘‘from the initial percent- ‘‘(ii) has a premium which is the median tence: ‘‘If, for any plan year before 2027, the premium of all qualified health plans de- Secretary of the Treasury, in consultation age to the final percentage specified in such scribed in clause (i) which are offered in the with the Secretary of Health and Human table for such income tier with respect to a individual market in such rating area (or, in Services, determines that there will be no taxpayer of the age involved: any case in which no such plan has such me- plan offered in a rating area in the individual

‘‘In the case of house- Up to Age 29 Age 30-39 Age 40-49 Age 50-59 Over Age 59 hold income (expressed as a per- cent of the poverty line) Initial Final % Initial Final % Initial Final % Initial Final % Initial Final % within the following % % % % % income tier:

Up to 100% 2 2 2 2 2 2 2 2 2 2 100%-133% 2 2.5 2 2.5 2 2.5 2 2.5 2 2.5 133%-150% 2.5 4 2.5 4 2.5 4 2.5 4 2.5 4 150%-200% 4 4.3 4 5.3 4 6.3 4 7.3 4 8.3 200%-250% 4.3 4.3 5.3 5.9 6.3 8.05 7.3 9 8.3 10 250%-300% 4.3 4.3 5.9 5.9 8.05 8.35 9 10.5 10 11.5 300%-350% 4.3 6.4 5.9 8.9 8.35 12.5 10.5 15.8 11.5 16.2’’,

(B) by striking ‘‘0.504’’ in clause (ii)(III) (g) EFFECTIVE DATE.—Except as otherwise inserting ‘‘($0 in the case of months begin- and inserting ‘‘0.4’’, and provided in this section, the amendments ning after December 31, 2015)’’ after ‘‘$2,000’’. (C) by adding at the end the following new made by this section shall apply to taxable (2) Paragraph (1) of section 4980H(b) of the clause: years beginning after December 31, 2019. Internal Revenue Code of 1986 is amended by ‘‘(iii) AGE DETERMINATIONS.—For purposes SEC. 103. MODIFICATIONS TO SMALL BUSINESS inserting ‘‘($0 in the case of months begin- of clause (i), the age of the taxpayer taken TAX CREDIT. ning after December 31, 2015)’’ after ‘‘$3,000’’. into account under clause (i) with respect to (a) SUNSET.— (b) EFFECTIVE DATE.—The amendments any taxable year is the age attained before (1) IN GENERAL.—Section 45R of the Inter- made by this section shall apply to months the close of the taxable year by the oldest in- nal Revenue Code of 1986 is amended by add- beginning after December 31, 2015. dividual taken into account on such tax- ing at the end the following new subsection: SEC. 106. STATE STABILITY AND INNOVATION payer’s return who is covered by a qualified ‘‘(j) SHALL NOT APPLY.—This section shall PROGRAM. health plan taken into account under para- not apply with respect to amounts paid or (a) IN GENERAL.—Section 2105 of the Social graph (2)(A).’’. incurred in taxable years beginning after De- Security Act (42 U.S.C. 1397ee) is amended by (c) ELIMINATION OF ELIGIBILITY EXCEPTIONS cember 31, 2019.’’. adding at the end the following new sub- FOR EMPLOYER-SPONSORED COVERAGE.— (2) EFFECTIVE DATE.—The amendment sections: (1) IN GENERAL.—Section 36B(c)(2) of the In- made by this subsection shall apply to tax- ‘‘(h) SHORT-TERM ASSISTANCE TO ADDRESS ternal Revenue Code of 1986 is amended by able years beginning after December 31, 2019. COVERAGE AND ACCESS DISRUPTION AND PRO- striking subparagraph (C). (b) DISALLOWANCE OF SMALL EMPLOYER VIDE SUPPORT FOR STATES.— (2) AMENDMENTS RELATED TO QUALIFIED HEALTH INSURANCE EXPENSE CREDIT FOR ‘‘(1) APPROPRIATION.—There are authorized SMALL EMPLOYER HEALTH REIMBURSEMENT AR- PLAN WHICH DOES NOT INCLUDE PROTECTIONS to be appropriated, and are appropriated, out RANGEMENTS.—Section 36B(c)(4) of such Code FOR LIFE.— of monies in the Treasury not otherwise obli- is amended— (1) IN GENERAL.—Subsection (h) of section gated, $15,000,000,000 for each of calendar (A) by striking ‘‘which constitutes afford- 45R of the Internal Revenue Code of 1986 is years 2018 and 2019, and $10,000,000,000 for able coverage’’ in subparagraph (A), and amended— each of calendar years 2020 and 2021, to the (B) by striking subparagraphs (B), (C), (E), (A) by striking ‘‘Any term’’ and inserting Administrator of the Centers for Medicare & and (F) and redesignating subparagraph (D) the following: Medicaid Services (in this subsection and as subparagraph (B). ‘‘(1) IN GENERAL.—Any term’’, and subsection (i) referred to as the ‘Adminis- (d) MODIFICATIONS TO DEFINITION OF QUALI- (B) by adding at the end the following new trator’) to fund arrangements with health in- FIED HEALTH PLAN.— paragraph: surance issuers to assist in the purchase of (1) IN GENERAL.—Section 36B(c)(3)(A) of the ‘‘(2) EXCLUSION OF CERTAIN HEALTH PLANS.— health benefits coverage by addressing cov- Internal Revenue Code of 1986 is amended by The term ‘qualified health plan’ does not in- erage and access disruption and responding inserting at the end the following new sen- clude any health plan that includes coverage to urgent health care needs within States. tence: ‘‘Such term shall not include a plan for abortions (other than any abortion nec- Funds appropriated under this paragraph that includes coverage for abortions (other essary to save the life of the mother or any shall remain available until expended. than any abortion necessary to save the life abortion with respect to a pregnancy that is ‘‘(2) PARTICIPATION REQUIREMENTS.— of the mother or any abortion with respect the result of an act of rape or incest).’’. ‘‘(A) GUIDANCE.—Not later than 30 days to a pregnancy that is the result of an act of (2) EFFECTIVE DATE.—The amendments after the date of enactment of this sub- rape or incest).’’. made by this subsection shall apply to tax- section, the Administrator shall issue guid- (2) EFFECTIVE DATE.—The amendment able years beginning after December 31, 2017. ance to health insurance issuers regarding made by this subsection shall apply to tax- SEC. 104. INDIVIDUAL MANDATE. how to submit a notice of intent to partici- able years beginning after December 31, 2017. (a) IN GENERAL.—Section 5000A(c) of the In- pate in the program established under this (e) ALLOWANCE OF CREDIT FOR CATA- ternal Revenue Code of 1986 is amended— subsection. STROPHIC PLANS.—Section 36B(c)(3)(A) of the (1) in paragraph (2)(B)(iii), by striking ‘‘2.5 ‘‘(B) NOTICE OF INTENT TO PARTICIPATE.—To Internal Revenue Code of 1986, as amended percent’’ and inserting ‘‘Zero percent’’, and be eligible for funding under this subsection, by this Act, is amended by striking ‘‘, except (2) in paragraph (3)— a health insurance issuer shall submit to the that such term shall not include a qualified (A) by striking ‘‘$695’’ in subparagraph (A) Administrator a notice of intent to partici- health plan that is a catastrophic plan de- and inserting ‘‘$0’’, and pate at such time (but, in the case of funding scribed in section 1302(e) of such Act’’. (B) by striking subparagraph (D). for calendar year 2018, not later than 35 days (f) INCREASED PENALTY ON ERRONEOUS (b) EFFECTIVE DATE.—The amendments after the date of enactment of this sub- CLAIMS OF CREDIT.—Section 6676(a) of the In- made by this section shall apply to months section and, in the case of funding for cal- ternal Revenue Code of 1986 is amended by beginning after December 31, 2015. endar year 2019, 2020, 2021, 2022, 2023, 2024, inserting ‘‘(25 percent in the case of a claim SEC. 105. EMPLOYER MANDATE. 2025, or 2026, not later than March 31 of the for refund or credit relating to the health in- (a) IN GENERAL.— previous year) and in such form and manner surance coverage credit under section 36B)’’ (1) Paragraph (1) of section 4980H(c) of the as specified by the Administrator and con- after ‘‘20 percent’’. Internal Revenue Code of 1986 is amended by taining—

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 S4202 CONGRESSIONAL RECORD — SENATE July 25, 2017 ‘‘(i) a certification that the health insur- ‘‘(i) To establish or maintain a program or section with respect to a year, the Adminis- ance issuer will use the funds in accordance mechanism to help high-risk individuals in trator shall allot to the State, in accordance with the requirements of paragraph (5); and the purchase of health benefits coverage, in- with an allotment methodology specified by ‘‘(ii) such information as the Adminis- cluding by reducing premium costs for such the Administrator that ensures that the trator may require to carry out this sub- individuals, who have or are projected to spending requirements in paragraphs (6) are section. have a high rate of utilization of health serv- met for the year and that reserves an ‘‘(3) PROCEDURE FOR DISTRIBUTION OF ices, as measured by cost, and who do not amount that is at least 1 percent of the FUNDS.—The Administrator shall determine have access to health insurance coverage of- amount appropriated under subparagraph (A) an appropriate procedure for providing and fered through an employer, enroll in health for a calendar year for allotments to each distributing funds under this subsection that insurance coverage under a plan offered in State where the cost of insurance premiums includes reserving an amount equal to 1 per- the individual market (within the meaning are at least 75 percent higher than the na- cent of the amounts appropriated under of section 5000A(f)(1)(C) of the Internal Rev- tional average, from amounts appropriated paragraph (1) for a calendar year for pro- enue Code of 1986). for such year under subparagraph (A), such viding and distributing funds to health in- ‘‘(ii) To establish or maintain a program to amount as specified by the Administrator surance issuers in States where the cost of enter into arrangements with health insur- with respect to the State and application insurance premiums are at least 75 percent ance issuers to assist in the purchase of and year. higher than the national average. health benefits coverage by stabilizing pre- ‘‘(ii) ANNUAL REDISTRIBUTION OF PREVIOUS ‘‘(4) NO MATCH.—Neither the State percent- miums and promoting State health insur- YEAR’S UNUSED FUNDS.— age applicable to payments to States under ance market participation and choice in ‘‘(I) IN GENERAL.— In carrying out clause subsection (i)(5)(B) nor any other matching plans offered in the individual market (with- (i), with respect to a year (beginning with requirement shall apply to funds provided to in the meaning of section 5000A(f)(1)(C) of 2021), the Administrator shall, not later than health insurance issuers under this sub- the Internal Revenue Code of 1986). March 31 of such year— section. ‘‘(iii) To provide payments for health care ‘‘(aa) determine the amount of funds, if ‘‘(5) USE OF FUNDS.—Funds provided to a providers for the provision of health care any, remaining unused under subparagraph health insurance issuer under paragraph (1) services, as specified by the Administrator. (A) from the previous year; and or (6) shall be subject to the requirements of ‘‘(iv) To provide health insurance coverage ‘‘(bb) if the Administrator determines that paragraphs (1)(D) and (7) of subsection (i) in by funding assistance to reduce out-of-pock- any funds so remain from the previous year, the same manner as such requirements apply et costs, such as copayments, coinsurance, redistribute such remaining funds in accord- to States receiving payments under sub- and deductibles, of individuals enrolled in ance with an allotment methodology speci- section (i) and shall be used only for the ac- plans offered in the individual market (with- fied by the Administrator to States that tivities specified in paragraph (1)(A)(ii) of in the meaning of section 5000A(f)(1)(C) of have submitted an application approved subsection (i). the Internal Revenue Code of 1986). under this subsection for the year. ‘‘(6) ADDITIONAL SUPPORT FOR STABILIZING ‘‘(B) A certification that the State shall ‘‘(II) APPLICABLE STATE PERCENTAGE.—The PREMIUMS AND PROMOTING CHOICE IN PLANS make, from non-Federal funds, expenditures State percentage specified for a year in para- OFFERED IN THE INDIVIDUAL MARKET.— for 1 or more of the activities specified in graph (5)(B)(ii) shall apply to funds redistrib- ‘‘(A) APPROPRIATION.—In addition to the subparagraph (A) in an amount that is not uted under subclause (I) in that year. amounts appropriated under paragraph (1), less than the State percentage required for ‘‘(C) AVAILABILITY OF ALLOTTED STATE there is appropriated, out of any money in the year under paragraph (5)(B)(ii). FUNDS.— the Treasury not otherwise obligated, ‘‘(C) A certification that the funds pro- ‘‘(i) IN GENERAL.—Amounts allotted to a $10,000,000,000 for each of calendar years 2020 vided under this subsection shall only be State pursuant to subparagraph (B)(i) for a through 2026, for the purpose of funding ar- used for the activities specified in subpara- year shall remain available for expenditure rangements with health insurance issuers to graph (A). by the State through the end of the second support the offering of qualified health plans ‘‘(D) A certification that none of the funds succeeding year. in States in which such issuers also offer provided under this subsection shall be used ‘‘(ii) AVAILABILITY OF AMOUNTS REDISTRIB- coverage in accordance with section 212(a) of by the State for an expenditure that is at- UTED.—Amounts redistributed to a State the Better Care Reconciliation Act. tributable to an intergovernmental transfer, under subparagraph (B)(ii) in a year shall be ‘‘(B) USE OF FUNDS.— certified public expenditure, or any other ex- available for expenditure by the State ‘‘(i) IN GENERAL.—The Administrator shall penditure to finance the non-Federal share of through the end of the second succeeding use amounts appropriated under subpara- expenditures required under any provision of year. graph (A) to establish a Federal fund for the law, including under the State plans estab- ‘‘(5) PAYMENTS.— purpose of providing health insurance cov- lished under this title and title XIX or under ‘‘(A) ANNUAL PAYMENT OF ALLOTMENTS.— erage by making payments to health insur- a waiver of such plans. Subject to subparagraph (B), the Adminis- ance issuers that offer a plan in accordance ‘‘(E) Such other information as necessary trator shall pay to each State that has an with section 212(a) of the Better Care Rec- for the Administrator to carry out this sub- application approved under this subsection onciliation Act, to assist such health insur- section. for a year, from the allotment determined ance issuers in covering high risk individuals ‘‘(2) ELIGIBILITY.—Only the 50 States and under paragraph (4)(B) for the State for the enrolled in qualified health plans through an the District of Columbia shall be eligible for year, an amount equal to the Federal per- Exchange in rating areas in which coverage an allotment and payments under this sub- centage of the State’s expenditures for the is offered in accordance with section 212(a) of section and all references in this subsection year. such Act. The Administrator shall determine to a State shall be treated as only referring ‘‘(B) STATE EXPENDITURES REQUIRED BEGIN- an appropriate procedure for making such to the 50 States and the District of Colum- NING 2022.—For purposes of subparagraph (A), payments. bia. the Federal percentage is equal to 100 per- ‘‘(ii) PRIORITY USES.—In making payments ‘‘(3) ONE-TIME APPLICATION.—If an applica- cent reduced by the State percentage for from the amounts appropriated under sub- tion of a State submitted under this sub- that year, and the State percentage is equal paragraph (A), the Administrator shall section is approved by the Administrator for to— prioritize payments— a year, the application shall be deemed to be ‘‘(i) in the case of calendar year 2019, 0 per- ‘‘(I) based on the percentage of rating areas approved by the Administrator for that year cent; in the State that meet the conditions in and each subsequent year through December ‘‘(ii) in the case of calendar year 2020, 0 section212(b) of such Act; and 31, 2026. percent; ‘‘(II) to health plans certified under section ‘‘(4) LONG-TERM STATE STABILITY AND INNO- ‘‘(iii) in the case of calendar year 2021, 0 212(b)(2) of such Act in States for which para- VATION ALLOTMENTS.— percent; graphs (1) through (6) of section 212(c) of ‘‘(A) APPROPRIATION; TOTAL ALLOTMENT.— ‘‘(iv) in the case of calendar year 2022, 7 such Act are not applicable. For the purpose of providing allotments to percent; ‘‘(i) LONG-TERM STATE STABILITY AND INNO- States under this subsection, there is appro- ‘‘(v) in the case of calendar year 2023, 14 VATION PROGRAM.— priated, out of any money in the Treasury percent; ‘‘(1) APPLICATION AND CERTIFICATION RE- not otherwise appropriated— ‘‘(vi) in the case of calendar year 2024, 21 QUIREMENTS.—To be eligible for an allotment ‘‘(i) for calendar year 2019, $8,000,000,000; percent; of funds under this subsection, a State shall ‘‘(ii) for calendar year 2020, $29,000,000,000; ‘‘(vii) in the case of calendar year 2025, 28 submit to the Administrator an application, ‘‘(iii) for calendar year 2021, $29,000,000,000; percent; and not later than March 31, 2018, in the case of ‘‘(iv) for calendar year 2022, $33,200,000,000; ‘‘(viii) in the case of calendar year 2026, 35 allotments for calendar year 2019, and not ‘‘(v) for calendar year 2023, $33,200,000,000; percent. later than March 31 of the previous year, in ‘‘(vi) for calendar year 2024, $33,200,000,000; ‘‘(C) ADVANCE PAYMENT; RETROSPECTIVE AD- the case of allotments for any subsequent ‘‘(vii) for calendar year 2025, $33,200,000,000; JUSTMENT.— calendar year) and in such form and manner and ‘‘(i) IN GENERAL.—If the Administrator as specified by the Administrator, that con- ‘‘(viii) for calendar year 2026, $33,200,000,000. deems it appropriate, the Administrator tains the following: ‘‘(B) ALLOTMENTS.— shall make payments under this subsection ‘‘(A) A description of how the funds will be ‘‘(i) IN GENERAL.—In the case of a State for each year on the basis of advance esti- used to do 1 or more of the following: with an application approved under this sub- mates of expenditures submitted by the

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State and such other investigation as the (b) FUNDING.—There is appropriated to the paragraph (1) and all that follows through Administrator shall find necessary, and shall Fund, out of any funds in the Treasury not ‘‘2017’’. reduce or increase the payments as nec- otherwise appropriated, $500,000,000. SEC. 115. REPEAL OF ELIMINATION OF DEDUC- essary to adjust for any overpayment or un- SEC. 108. REPEAL OF THE TAX ON EMPLOYEE TION FOR EXPENSES ALLOCABLE TO derpayment for prior years. HEALTH INSURANCE PREMIUMS MEDICARE PART D SUBSIDY. ‘‘(ii) MISUSE OF FUNDS.—If the Adminis- AND HEALTH PLAN BENEFITS. (a) IN GENERAL.—Section 139A of the Inter- trator determines that a State is not using (a) IN GENERAL.—Chapter 43 of the Internal nal Revenue Code of 1986 is amended by add- funds paid to the State under this subsection Revenue Code of 1986 is amended by striking ing at the end the following new sentence: in a manner consistent with the description section 4980I. ‘‘This section shall not be taken into ac- provided by the State in its application ap- (b) EFFECTIVE DATE.—The amendment count for purposes of determining whether proved under paragraph (1), the Adminis- made by subsection (a) shall apply to taxable any deduction is allowable with respect to trator may withhold payments, reduce pay- years beginning after December 31, 2019. any cost taken into account in determining ments, or recover previous payments to the (c) SUBSEQUENT EFFECTIVE DATE.—The such payment.’’. State under this subsection as the Adminis- amendment made by subsection (a) shall not (b) EFFECTIVE DATE.—The amendment trator deems appropriate. apply to taxable years beginning after De- made by this section shall apply to taxable ‘‘(D) FLEXIBILITY IN SUBMITTAL OF cember 31, 2025, and chapter 43 of the Inter- years beginning after December 31, 2016. CLAIMS.—Nothing in this subsection shall be nal Revenue Code of 1986 is amended to read SEC. 116. REPEAL OF CHRONIC CARE TAX. construed as preventing a State from claim- as such chapter would read if such sub- (a) IN GENERAL.—Subsection (a) of section ing as expenditures in the year expenditures section had never been enacted. 213 of the Internal Revenue Code of 1986 is amended by striking ‘‘10 percent’’ and insert- that were incurred in a previous year. SEC. 109. REPEAL OF TAX ON OVER-THE- ‘‘(6) REQUIRED USES.— COUNTER MEDICATIONS. ing ‘‘7.5 percent’’. (b) EFFECTIVE DATE.—The amendment ‘‘(A) PREMIUM STABILIZATION AND INCEN- (a) HSAS.—Subparagraph (A) of section made by this section shall apply to taxable TIVES FOR INDIVIDUAL MARKET PARTICIPA- 223(d)(2) of the Internal Revenue Code of 1986 years beginning after December 31, 2016. TION.—In determining allotments for States is amended by striking ‘‘Such term’’ and all under this subsection for each of calendar that follows through the period. SEC. 117. REPEAL OF TANNING TAX. (a) IN GENERAL.—The Internal Revenue years 2019, 2020, and 2021, the Administrator (b) ARCHER MSAS.—Subparagraph (A) of shall ensure that at least $5,000,000,000 of the section 220(d)(2) of the Internal Revenue Code of 1986 is amended by striking chapter amounts appropriated for each such year Code of 1986 is amended by striking ‘‘Such 49. (b) EFFECTIVE DATE.—The amendment under paragraph (4)(A) are used by States for term’’ and all that follows through the pe- made by this section shall apply to services the purposes described in paragraph (1)(A)(ii) riod. performed after September 30, 2017. and in accordance with guidance issued by (c) HEALTH FLEXIBLE SPENDING ARRANGE- SEC. 118. PURCHASE OF INSURANCE FROM the Administrator not later than 30 days MENTS AND HEALTH REIMBURSEMENT AR- HEALTH SAVINGS ACCOUNT. after the date of enactment of this sub- RANGEMENTS.—Section 106 of the Internal (a) PURCHASE OF HIGH DEDUCTIBLE HEALTH section that specifies the parameters for the Revenue Code of 1986 is amended by striking PLANS.— use of funds for such purposes. subsection (f). (1) IN GENERAL.—Paragraph (2) of section ‘‘(B) ASSISTANCE WITH OUT-OF-POCKET (d) EFFECTIVE DATES.— 223(d) of the Internal Revenue Code of 1986, COSTS.—In determining allotments for States (1) DISTRIBUTIONS FROM SAVINGS AC- as amended by section 109(a), is amended— under this subsection for each of calendar COUNTS.—The amendments made by sub- (A) by striking ‘‘and any dependent (as de- years 2020 through 2026, the Administrator sections (a) and (b) shall apply to amounts fined in section 152, determined without re- shall ensure that at least $15,000,000,000 of paid with respect to taxable years beginning gard to subsections (b)(1), (b)(2), and (d)(1)(B) the amounts appropriated for each of cal- after December 31, 2016. thereof) of such individual’’ in subparagraph endar years 2020 and 2021 under paragraph (2) REIMBURSEMENTS.—The amendment (A) and inserting ‘‘any dependent (as defined (4)(A), and at least $14,000,000,000 of the made by subsection (c) shall apply to ex- in section 152, determined without regard to amounts appropriated for each of calendar penses incurred with respect to taxable years subsections (b)(1), (b)(2), and (d)(1)(B) there- years 2022 through 2026 under such para- beginning after December 31, 2016. graph, are used by States for the purposes of) of such individual, and any child (as de- SEC. 110. REPEAL OF TAX ON HEALTH SAVINGS fined in section 152(f)(1)) of such individual described in paragraph (1)(A)(iv) and in ac- ACCOUNTS. cordance with guidance issued by the Admin- who has not attained the age of 27 before the (a) HSAS.—Section 223(f)(4)(A) of the Inter- end of such individual’s taxable year’’, istrator not later than September 1, 2019, nal Revenue Code of 1986 is amended by that specifies the parameters for the use of (B) by striking subparagraph (B) and in- striking ‘‘20 percent’’ and inserting ‘‘10 per- serting the following: funds for such purposes. cent’’. ‘‘(7) EXEMPTIONS.—Paragraphs (2), (3), (5), ‘‘(B) HEALTH INSURANCE MAY NOT BE PUR- (b) ARCHER MSAS.—Section 220(f)(4)(A) of (6), (8), (10), and (11) of subsection (c) do not CHASED FROM ACCOUNT.—Except as provided the Internal Revenue Code of 1986 is amended in subparagraph (C), subparagraph (A) shall apply to payments under this subsection.’’. by striking ‘‘20 percent’’ and inserting ‘‘15 (b) OTHER TITLE XXI AMENDMENTS.— not apply to any payment for insurance.’’, percent’’. (1) Section 2101 of such Act (42 U.S.C. and (c) EFFECTIVE DATE.—The amendments 1397aa) is amended— (C) by striking ‘‘or’’ at the end of subpara- made by this section shall apply to distribu- (A) in subsection (a), in the matter pre- graph (C)(iii), by striking the period at the tions made after December 31, 2016. ceding paragraph (1), by striking ‘‘The pur- end of subparagraph (C)(iv) and inserting ‘‘, pose’’ and inserting ‘‘Except with respect to SEC. 111. REPEAL OF LIMITATIONS ON CON- or’’, and by adding at the end the following: TRIBUTIONS TO FLEXIBLE SPEND- ‘‘(v) a high deductible health plan but only short-term assistance activities under sec- ING ACCOUNTS. tion 2105(h) and the Long-Term State Sta- to the extent of the portion of such expense (a) IN GENERAL.—Section 125 of the Inter- in excess of— bility and Innovation Program established in nal Revenue Code of 1986 is amended by ‘‘(I) any amount allowable as a credit section 2105(i), the purpose’’; and striking subsection (i). (B) in subsection (b), in the matter pre- under section 36B for the taxable year with (b) EFFECTIVE DATE.—The amendment respect to such coverage, ceding paragraph (1), by inserting ‘‘sub- made by this section shall apply to plan ‘‘(II) any amount allowable as a deduction section (a) or (g) of’’ before ‘‘section 2105’’. years beginning after December 31, 2017. (2) Section 2105(c)(1) of such Act (42 U.S.C. under section 162(l) with respect to such cov- 1397ee(c)(1)) is amended by striking ‘‘and SEC. 112. REPEAL OF TAX ON PRESCRIPTION erage, or MEDICATIONS. may not include’’ and inserting ‘‘or to carry ‘‘(III) any amount excludable from gross Subsection (j) of section 9008 of the Patient out short-term assistance activities under income with respect to such coverage under Protection and Affordable Care Act is subsection (h) or the Long-Term State Sta- section 106 (including by reason of section amended to read as follows: bility and Innovation Program established in 125) or 402(l).’’. ‘‘(j) REPEAL.—This section shall apply to subsection (i) and, except in the case of funds (2) EFFECTIVE DATE.—The amendments calendar years beginning after December 31, made available under subsection (h) or (i), made by this subsection shall apply with re- 2010, and ending before January 1, 2018.’’. may not include’’. spect to amounts paid for expenses incurred (3) Section 2106(a)(1) of such Act (42 U.S.C. SEC. 113. REPEAL OF MEDICAL DEVICE EXCISE for, and distributions made for, coverage TAX. 1397ff(a)(1)) is amended by inserting ‘‘sub- under a high deductible health plan begin- Section 4191 of the Internal Revenue Code section (a) or (g) of’’ before ‘‘section 2105’’. ning after December 31, 2017. of 1986 is amended by adding at the end the SEC. 107. BETTER CARE RECONCILIATION IMPLE- (b) CONSUMER FREEDOM PLANS.— MENTATION FUND. following new subsection: (1) IN GENERAL.—Section 223(d)(2)(C) of the ‘‘(d) APPLICABILITY.—The tax imposed (a) IN GENERAL.—There is hereby estab- Internal Revenue Code of 1986, as amended lished a Better Care Reconciliation Imple- under subsection (a) shall not apply to sales by subsection (a) and section 122, is amend- mentation Fund (referred to in this section after December 31, 2017.’’. ed— as the ‘‘Fund’’) within the Department of SEC. 114. REPEAL OF HEALTH INSURANCE TAX. (A) by striking ‘‘or’’ at the end of clause Health and Human Services to provide for Subsection (j) of section 9010 of the Patient (iv), by striking the period at the end of Federal administrative expenses in carrying Protection and Affordable Care Act is clause (v), and by adding at the end the fol- out this Act. amended by striking ‘‘, and’’ at the end of lowing:

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 S4204 CONGRESSIONAL RECORD — SENATE July 25, 2017 ‘‘(vi) any plan which— SEC. 121. SPECIAL RULE FOR CERTAIN MEDICAL life-endangering physical condition caused ‘‘(I) is offered by a health insurance issuer EXPENSES INCURRED BEFORE ES- by or arising from the pregnancy itself; and which meets the conditions described in sec- TABLISHMENT OF HEALTH SAVINGS (B) for which the total amount of Federal tion 212(b) of the Better Care Reconciliation ACCOUNT. and State expenditures under the Medicaid (a) IN GENERAL.—Section 223(d)(2) of the In- Act of 2017 for the plan year, and program under title XIX of the Social Secu- ternal Revenue Code of 1986 is amended by ‘‘(II) would not be permitted to be offered rity Act in fiscal year 2014 made directly to adding at the end the following new subpara- in the market but for such section.’’, and the entity and to any affiliates, subsidiaries, graph: (B) by inserting ‘‘or (vi)’’ after ‘‘clause (v)’’ successors, or clinics of the entity, or made ‘‘(D) TREATMENT OF CERTAIN MEDICAL EX- in the last sentence thereof. to the entity and to any affiliates, subsidi- PENSES INCURRED BEFORE ESTABLISHMENT OF (2) EFFECTIVE DATE.—The amendments aries, successors, or clinics of the entity as ACCOUNT.—If a health savings account is es- made by this subsection shall to taxable part of a nationwide health care provider tablished during the 60-day period beginning years beginning after December 31, 2019. network, exceeded $350,000,000. on the date that coverage of the account (2) DIRECT SPENDING.—The term ‘‘direct SEC. 119. MAXIMUM CONTRIBUTION LIMIT TO beneficiary under a high deductible health spending’’ has the meaning given that term HEALTH SAVINGS ACCOUNT IN- plan begins, then, solely for purposes of de- under section 250(c) of the Balanced Budget CREASED TO AMOUNT OF DEDUCT- termining whether an amount paid is used and Emergency Deficit Control Act of 1985 (2 IBLE AND OUT-OF-POCKET LIMITA- for a qualified medical expense, such account TION. U.S.C. 900(c)). shall be treated as having been established SEC. 124. MEDICAID PROVISIONS. (a) SELF-ONLY COVERAGE.—Section on the date that such coverage begins.’’. The Social Security Act is amended— 223(b)(2)(A) of the Internal Revenue Code of (b) EFFECTIVE DATE.—The amendment (1) in section 1902(a)(47)(B) (42 U.S.C. 1986 is amended by striking ‘‘$2,250’’ and in- made by this subsection shall apply with re- 1396a(a)(47)(B)), by inserting ‘‘and provided serting ‘‘the amount in effect under sub- spect to coverage under a high deductible that any such election shall cease to be ef- section (c)(2)(A)(ii)(I)’’. health plan beginning after December 31, fective on January 1, 2020, and no such elec- (b) FAMILY COVERAGE.—Section 223(b)(2)(B) 2017. tion shall be made after that date’’ before of such Code is amended by striking ‘‘$4,500’’ SEC. 122. EXCLUSION FROM HSAS OF HIGH DE- the semicolon at the end; and inserting ‘‘the amount in effect under DUCTIBLE HEALTH PLANS WHICH (2) in section 1915(k)(2) (42 U.S.C. subsection (c)(2)(A)(ii)(II)’’. DO NOT INCLUDE PROTECTIONS 1396n(k)(2)), by striking ‘‘during the period FOR LIFE. described in paragraph (1)’’ and inserting ‘‘on (c) COST-OF-LIVING ADJUSTMENT.—Section (a) IN GENERAL.—Subparagraph (C) of sec- or after the date referred to in paragraph (1) 223(g)(1) of such Code is amended— tion 223(d)(2) of the Internal Revenue Code of and before January 1, 2020’’; and (1) by striking ‘‘subsections (b)(2) and’’ 1986 is amended by adding at the end the fol- (3) in section 1920(e) (42 U.S.C. 1396r–1(e)), both places it appears and inserting ‘‘sub- lowing flush sentence: section’’, and by striking ‘‘under clause (i)(VIII), clause ‘‘A high deductible health plan shall not be (i)(IX), or clause (ii)(XX) of subsection (2) in subparagraph (B), by striking ‘‘deter- treated as described in clause (v) if such plan mined by’’ and all that follows through (a)(10)(A)’’ and inserting ‘‘under clause includes coverage for abortions (other than (i)(VIII) or clause (ii)(XX) of section ‘‘ ‘calendar year 2003’.’’ and inserting ‘‘deter- any abortion necessary to save the life of the mined by substituting ‘calendar year 2003’ 1902(a)(10)(A) before January 1, 2020, section mother or any abortion with respect to a 1902(a)(10)(A)(i)(IX),’’. for ‘calendar year 1992’ in subparagraph (B) pregnancy that is the result of an act of rape SEC. 125. MEDICAID EXPANSION. thereof.’’. or incest).’’. (a) IN GENERAL.—Title XIX of the Social (b) EFFECTIVE DATE.—The amendment (d) EFFECTIVE DATE.—The amendments Security Act (42 U.S.C. 1396 et seq.) is made by this section shall apply with respect made by this section shall apply to taxable amended— years beginning after December 31, 2017. to coverage under a high deductible health (1) in section 1902 (42 U.S.C. 1396a)— plan beginning after December 31, 2017. SEC. 120. ALLOW BOTH SPOUSES TO MAKE (A) in subsection (a)(10)(A)— SEC. 123. FEDERAL PAYMENTS TO STATES. CATCH-UP CONTRIBUTIONS TO THE (i) in clause (i)(VIII), by inserting ‘‘and SAME HEALTH SAVINGS ACCOUNT. (a) IN GENERAL.—Notwithstanding section ending December 31, 2019,’’ after ‘‘2014,’’; and 504(a), 1902(a)(23), 1903(a), 2002, 2005(a)(4), (ii) in clause (ii), in subclause (XX), by in- (a) IN GENERAL.—Section 223(b)(5) of the In- 2102(a)(7), or 2105(a)(1) of the Social Security serting ‘‘and ending December 31, 2017,’’ after ternal Revenue Code of 1986 is amended to Act (42 U.S.C. 704(a), 1396a(a)(23), 1396b(a), read as follows: ‘‘2014,’’, and by adding at the end the fol- 1397a, 1397d(a)(4), 1397bb(a)(7), 1397ee(a)(1)), or lowing new subclause: ‘‘(5) SPECIAL RULE FOR MARRIED INDIVID- the terms of any Medicaid waiver in effect on ‘‘(XXIII) beginning January 1, 2020, who are UALS WITH FAMILY COVERAGE.— the date of enactment of this Act that is ap- expansion enrollees (as defined in subsection ‘‘(A) IN GENERAL.—In the case of individ- proved under section 1115 or 1915 of the So- (nn)(1));’’; and uals who are married to each other, if both cial Security Act (42 U.S.C. 1315, 1396n), for (B) by adding at the end the following new spouses are eligible individuals and either the 1-year period beginning on the date of subsection: spouse has family coverage under a high de- enactment of this Act, no Federal funds pro- ‘‘(nn) EXPANSION ENROLLEES.— ductible health plan as of the first day of any vided from a program referred to in this sub- ‘‘(1) IN GENERAL.—In this title, the term month— section that is considered direct spending for ‘expansion enrollee’ means an individual— ‘‘(i) the limitation under paragraph (1) any year may be made available to a State ‘‘(A) who is under 65 years of age; shall be applied by not taking into account for payments to a prohibited entity, whether ‘‘(B) who is not pregnant; any other high deductible health plan cov- made directly to the prohibited entity or ‘‘(C) who is not entitled to, or enrolled for, erage of either spouse (and if such spouses through a managed care organization under benefits under part A of title XVIII, or en- both have family coverage under separate contract with the State. rolled for benefits under part B of title high deductible health plans, only one such (b) DEFINITIONS.—In this section: XVIII; coverage shall be taken into account), (1) PROHIBITED ENTITY.—The term ‘‘prohib- ‘‘(D) who is not described in any of sub- ‘‘(ii) such limitation (after application of ited entity’’ means an entity, including its clauses (I) through (VII) of subsection clause (i)) shall be reduced by the aggregate affiliates, subsidiaries, successors, and clin- (a)(10)(A)(i); and amount paid to Archer MSAs of such spouses ics— ‘‘(E) whose income (as determined under for the taxable year, and (A) that, as of the date of enactment of subsection (e)(14)) does not exceed 133 per- ‘‘(iii) such limitation (after application of this Act— cent of the poverty line (as defined in section clauses (i) and (ii)) shall be divided equally (i) is an organization described in section 2110(c)(5)) applicable to a family of the size between such spouses unless they agree on a 501(c)(3) of the Internal Revenue Code of 1986 involved. different division. and exempt from tax under section 501(a) of ‘‘(2) APPLICATION OF RELATED PROVISIONS.— ‘‘(B) TREATMENT OF ADDITIONAL CONTRIBU- such Code; Any reference in subsection (a)(10)(G), (k), or TION AMOUNTS.—If both spouses referred to in (ii) is an essential community provider de- (gg) of this section or in section 1903, 1905(a), subparagraph (A) have attained age 55 before scribed in section 156.235 of title 45, Code of 1920(e), or 1937(a)(1)(B) to individuals de- the close of the taxable year, the limitation Federal Regulations (as in effect on the date scribed in subclause (VIII) of subsection referred to in subparagraph (A)(iii) which is of enactment of this Act), that is primarily (a)(10)(A)(i) shall be deemed to include a ref- subject to division between the spouses shall engaged in family planning services, repro- erence to expansion enrollees.’’; and include the additional contribution amounts ductive health, and related medical care; and (2) in section 1905 (42 U.S.C. 1396d)— determined under paragraph (3) for both (iii) provides for abortions, other than an (A) in subsection (y)(1)— spouses. In any other case, any additional abortion— (i) in the matter preceding subparagraph contribution amount determined under para- (I) if the pregnancy is the result of an act (A), by striking ‘‘, with respect to’’ and all graph (3) shall not be taken into account of rape or incest; or that follows through ‘‘shall be equal to’’ and under subparagraph (A)(iii) and shall not be (II) in the case where a woman suffers from inserting ‘‘and that has elected to cover subject to division between the spouses.’’. a physical disorder, physical injury, or phys- newly eligible individuals before March 1, (b) EFFECTIVE DATE.—The amendment ical illness that would, as certified by a phy- 2017, with respect to amounts expended by made by this section shall apply to taxable sician, place the woman in danger of death such State before January 1, 2020, for med- years beginning after December 31, 2017. unless an abortion is performed, including a ical assistance for newly eligible individuals

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described in subclause (VIII) of section ‘‘(iii) AMOUNT CALCULATED.—For purposes assistance’’ and inserting ‘‘in or after the 1902(a)(10)(A)(i), and, with respect to of clause (i)(II), the amount calculated ac- month in which the recipient makes applica- amounts expended by such State after De- cording to this clause for a non-expansion tion for assistance, or, in the case of a recipi- cember 31, 2019, and before January 1, 2024, State is the following: ent who is 65 years of age or older or who is for medical assistance for expansion enroll- ‘‘(I) For each State, the Secretary shall eligible for medical assistance on the basis of ees (as defined in section 1902(nn)(1)), shall calculate a ratio equal to the State’s fiscal being blind or disabled at the time applica- be equal to the higher of the percentage oth- year 2016 DSH allotment divided by the num- tion is made, in or after the third month be- erwise determined for the State and year ber of uninsured individuals in the State for fore the month in which the recipient makes under subsection (b) (without regard to this such fiscal year (determined on the basis of application for assistance,’’. subsection) and’’; the most recent information available from (b) EFFECTIVE DATE.—The amendments (ii) in subparagraph (D), by striking ‘‘and’’ the Bureau of the Census). made by subsection (a) shall apply to med- after the semicolon; ‘‘(II) The Secretary shall identify the ical assistance with respect to individuals (iii) by striking subparagraph (E) and in- States whose ratio as so determined is below whose eligibility for such assistance is based serting the following new subparagraphs: the national average of such ratio for all on an application for such assistance made ‘‘(E) 90 percent for calendar quarters in States. (or deemed to be made) on or after October 1, 2020; ‘‘(III) The amount calculated pursuant to 2017. ‘‘(F) 85 percent for calendar quarters in this clause is an amount that, if added to the SEC. 128. PROVIDING SAFETY NET FUNDING FOR 2021; State’s fiscal year 2016 DSH allotment, NON-EXPANSION STATES. Title XIX of the Social Security Act is ‘‘(G) 80 percent for calendar quarters in would increase the ratio calculated pursuant amended by inserting after section 1923 (42 2022; and to subclause (I) up to the national average U.S.C. 1396r–4) the following new section: ‘‘(H) 75 percent for calendar quarters in for all States. 2023.’’; and ‘‘(iv) DISREGARD OF INCREASE.—The DSH al- ‘‘ADJUSTMENT IN PAYMENT FOR SERVICES OF (iv) by adding after and below subpara- lotment for a non-expansion State for the SAFETY NET PROVIDERS IN NON-EXPANSION graph (H) (as added by clause (iii)), the fol- second, third, and fourth quarters of fiscal STATES lowing flush sentence: year 2024 and fiscal years thereafter shall be ‘‘SEC. 1923A. (a) IN GENERAL.—Subject to ‘‘The Federal medical assistance percentage determined as if there had been no increase the limitations of this section, for each year determined for a State and year under sub- in the State’s DSH allotment for fiscal year during the period beginning with fiscal year section (b) shall apply to expenditures for 2020 under clause (i)(II). 2018 and ending with fiscal year 2022, each medical assistance to newly eligible individ- ‘‘(v) NON-EXPANSION AND EXPANSION STATE State that is one of the 50 States or the Dis- uals (as so described) and expansion enroll- DEFINED.—In this subparagraph: trict of Columbia and that, as of July 1 of ees (as so defined), in the case of a State that ‘‘(I) The term ‘expansion State’ means the preceding fiscal year, did not provide for has elected to cover newly eligible individ- with respect to a fiscal year, a State that, on eligibility under clause (i)(VIII), (ii)(XX), or uals before March 1, 2017, for calendar quar- or after January 1, 2021, provides eligibility (ii)(XXIII) of section 1902(a)(10)(A) for med- ters after 2023, and, in the case of any other under subclause (XXIII) of section ical assistance under this title (or a waiver of the State plan approved under section State, for calendar quarters (or portions of 1902(a)(10)(A)(ii) for medical assistance under 1115) (each such State or District referred to calendar quarters) after February 28, 2017.’’; this title (or provides eligibility for individ- in this section for the fiscal year as a ‘non- and uals described in such subclause under a (B) in subsection (z)(2)— expansion State’) may adjust the payment waiver of the State plan approved under sec- amounts otherwise provided under the State (i) in subparagraph (A)— tion 1115). (I) by inserting ‘‘through 2023’’ after ‘‘each plan under this title (or a waiver of such ‘‘(II) The term ‘non-expansion State’ plan) to health care providers that provide year thereafter’’; and means, with respect to a fiscal year, a State (II) by striking ‘‘shall be equal to’’ and in- health care services to individuals enrolled that is not an expansion State, except that— under this title (in this section referred to as serting ‘‘and, for periods after December 31, ‘‘(aa) in the case of a State that provides 2019 and before January 1, 2024, who are ex- ‘eligible providers’) so long as the payment eligibility under clause (i)(VIII), (ii)(XX), or adjustment to such an eligible provider does pansion enrollees (as defined in section (ii)(XXIII) of section 1902(a)(10)(A) for med- 1902(nn)(1)) shall be equal to the higher of not exceed the provider’s costs in furnishing ical assistance under this title (or provides health care services (as determined by the the percentage otherwise determined for the eligibility for individuals described in any of State and year under subsection (b) (without Secretary and net of payments under this such clauses under a waiver of the State plan title, other than under this section, and by regard to this subsection) and’’; and approved under section 1115) for any quarter uninsured patients) to individuals who either (ii) in subparagraph (B)(ii)— occurring during the period that begins on are eligible for medical assistance under the (I) in subclause (III), by adding ‘‘and’’ at October 1, 2017, and ends on December 31, 2020 State plan (or under a waiver of such plan) the end; and the State shall be treated as a non-expansion or have no health insurance or health plan (II) by striking subclauses (IV), (V), and State for purposes of clause (i) only for quar- coverage for such services. (VI) and inserting the following new sub- ters beginning on or after the first day of the ‘‘(b) INCREASE IN APPLICABLE FMAP.—Not- clause: first month for which the State no longer withstanding section 1905(b), the Federal ‘‘(IV) 2017 and each subsequent year provides such eligibility; and medical assistance percentage applicable through 2023 is 80 percent.’’. ‘‘(bb) in the case of a State identified by with respect to expenditures attributable to (b) SUNSET OF MEDICAID ESSENTIAL HEALTH the Secretary under clause (iii)(II) that is a a payment adjustment under subsection (a) BENEFITS REQUIREMENT.—Section 1937(b)(5) non-expansion State on January 1, 2021, but for which payment is permitted under sub- of the Social Security Act (42 U.S.C. 1396u– which provided such eligibility on January 1, section (c) shall be equal to— 7(b)(5)) is amended by adding at the end the 2020, the DSH allotment for such State for ‘‘(1) 100 percent for calendar quarters in fis- following: ‘‘This paragraph shall not apply cal years 2018, 2019, 2020, and 2021; and after December 31, 2019.’’. each of fiscal years 2021 through 2023 and the first fiscal quarter of 2024 shall be deter- ‘‘(2) 95 percent for calendar quarters in fis- SEC. 126. RESTORING FAIRNESS IN DSH ALLOT- mined as if the State’s DSH allotment for cal year 2022. MENTS. ‘‘(c) ANNUAL ALLOTMENT LIMITATION.—Pay- Section 1923(f)(7) of the Social Security fiscal year 2020 had been increased under clause (i)(II).’’. ment under section 1903(a) shall not be made Act (42 U.S.C. 1396r–4(f)(7)) is amended by to a State with respect to any payment ad- adding at the end the following new subpara- SEC. 127. REDUCING STATE MEDICAID COSTS. justment made under this section for all cal- graph: (a) IN GENERAL.— endar quarters in a fiscal year in excess of ‘‘(C) NON-EXPANSION STATES.— (1) STATE PLAN REQUIREMENTS.—Section the product of $2,000,000,000 multiplied by the ‘‘(i) IN GENERAL.—In the case of a State 1902(a)(34) of the Social Security Act (42 ratio of— that is a non-expansion State for a fiscal U.S.C. 1396a(a)(34)) is amended by striking ‘‘(1) the population of the State with in- year— ‘‘in or after the third month’’ and all that come below 138 percent of the poverty line in ‘‘(I) subparagraph (A) shall not apply to follows through ‘‘individual)’’ and inserting 2015 (as determined based the table entitled the DSH allotment for such State and fiscal ‘‘in or after the month in which the indi- ‘Health Insurance Coverage Status and Type year; and vidual (or, in the case of a deceased indi- by Ratio of Income to Poverty Level in the ‘‘(II) the DSH allotment for the State for vidual, another individual acting on the indi- Past 12 Months by Age’ for the universe of fiscal year 2020 (including for a non-expan- vidual’s behalf) made application (or, in the the civilian noninstitutionalized population sion State that has a DSH allotment deter- case of an individual who is 65 years of age for whom poverty status is determined based mined under paragraph (6)) shall be increased or older or who is eligible for medical assist- on the 2015 American Community Survey 1– by the amount calculated according to ance under the plan on the basis of being Year Estimates, as published by the Bureau clause (iii). blind or disabled, in or after the third month of the Census), to ‘‘(ii) NO CHANGE IN REDUCTION FOR EXPAN- before such month)’’. ‘‘(2) the sum of the populations under para- SION STATES.—In the case of a State that is (2) DEFINITION OF MEDICAL ASSISTANCE.— graph (1) for all non-expansion States. an expansion State for a fiscal year, the DSH Section 1905(a) of the Social Security Act (42 ‘‘(d) DISQUALIFICATION IN CASE OF STATE allotment for such State and fiscal year U.S.C. 1396d(a)) is amended by striking ‘‘in or COVERAGE EXPANSION.—If a State is a non-ex- shall be determined as if clause (i) did not after the third month before the month in pansion for a fiscal year and provides eligi- apply. which the recipient makes application for bility for medical assistance described in

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 S4206 CONGRESSIONAL RECORD — SENATE July 25, 2017 subsection (a) during the fiscal year, the ‘‘(i) maintains satisfactory attendance at ‘‘(B) the amount of the target total med- State shall no longer be treated as a non-ex- secondary school or the equivalent; or ical assistance expenditures (as defined in pansion State under this section for any sub- ‘‘(ii) participates in education directly re- subsection (c)) for the State and fiscal year. sequent fiscal years.’’. lated to employment.’’. ‘‘(3) EXCESS AGGREGATE MEDICAL ASSIST- SEC. 129. ELIGIBILITY REDETERMINATIONS. (b) INCREASE IN MATCHING RATE FOR IMPLE- ANCE PAYMENTS.—In this subsection, the MENTATION.—Section 1903 of the Social Secu- (a) IN GENERAL.—Section 1902(e)(14) of the term ‘excess aggregate medical assistance Social Security Act (42 U.S.C. 1396a(e)(14)) rity Act (42 U.S.C. 1396b) is amended by add- payments’ means, for a State for a fiscal (relating to modified adjusted gross income) ing at the end the following: year, the product of— ‘‘(aa) The Federal matching percentage is amended by adding at the end the fol- ‘‘(A) the excess aggregate medical assist- otherwise applicable under subsection (a) lowing: ance expenditures (as defined in paragraph with respect to State administrative expend- (2)) for the State for the fiscal year; and ‘‘(J) FREQUENCY OF ELIGIBILITY REDETER- itures during a calendar quarter for which ‘‘(B) the Federal average medical assist- MINATIONS.—Beginning on October 1, 2017, the State receives payment under such sub- and notwithstanding subparagraph (H), in ance matching percentage (as defined in section shall, in addition to any other in- paragraph (4)) for the State for the fiscal the case of an individual whose eligibility for crease to such Federal matching percentage, medical assistance under the State plan year. be increased for such calendar quarter by 5 EDERAL AVERAGE MEDICAL ASSISTANCE under this title (or a waiver of such plan) is ‘‘(4) F percentage points with respect to State ex- MATCHING PERCENTAGE.—In this subsection, determined based on the application of modi- penditures attributable to activities carried the term ‘Federal average medical assistance fied adjusted gross income under subpara- out by the State (and approved by the Sec- matching percentage’ means, for a State for graph (A) and who is so eligible on the basis retary) to implement subsection (oo) of sec- a fiscal year, the ratio (expressed as a per- of clause (i)(VIII), (ii)(XX), or (ii)(XXIII) of tion 1902.’’. centage) of— subsection (a)(10)(A), at the option of the SEC. 131. PROVIDER TAXES. ‘‘(A) the amount of the Federal payments State, the State plan may provide that the Section 1903(w)(4)(C) of the Social Security that would be made to the State under sec- individual’s eligibility shall be redetermined Act (42 U.S.C. 1396b(w)(4)(C)) is amended by tion 1903(a)(1) for medical assistance expend- every 6 months (or such shorter number of adding at the end the following new clause: itures for calendar quarters in the fiscal year months as the State may elect).’’. ‘‘(iii) For purposes of clause (i), a deter- if paragraph (1) did not apply; to (b) INCREASED ADMINISTRATIVE MATCHING mination of the existence of an indirect ‘‘(B) the amount of the medical assistance PERCENTAGE.—For each calendar quarter guarantee shall be made under paragraph expenditures for the State and fiscal year. during the period beginning on October 1, (3)(i) of section 433.68(f) of title 42, Code of ‘‘(5) PER CAPITA BASE PERIOD.— 2017, and ending on December 31, 2019, the Federal Regulations, as in effect on June 1, ‘‘(A) IN GENERAL.—In this section, the term Federal matching percentage otherwise ap- 2017, except that— ‘per capita base period’ means, with respect plicable under section 1903(a) of the Social ‘‘(I) for fiscal year 2021, ‘5.8 percent’ shall to a State, a period of 8 (or, in the case of a Security Act (42 U.S.C. 1396b(a)) with respect be substituted for ‘6 percent’ each place it State selecting a period under subparagraph to State expenditures during such quarter appears; (D), not less than 4) consecutive fiscal quar- that are attributable to meeting the require- ‘‘(II) for fiscal year 2022, ‘5.6 percent’ shall ters selected by the State. ment of section 1902(e)(14) (relating to deter- be substituted for ‘6 percent’ each place it ‘‘(B) TIMELINE.—Each State shall submit minations of eligibility using modified ad- appears; its selection of a per capita base period to justed gross income) of such Act shall be in- ‘‘(III) for fiscal year 2023, ‘5.4 percent’ shall the Secretary not later than January 1, 2018. creased by 5 percentage points with respect be substituted for ‘6 percent’ each place it ‘‘(C) PARAMETERS.—In selecting a per cap- to State expenditures attributable to activi- appears; ita base period under this paragraph, a State ties carried out by the State (and approved ‘‘(IV) for fiscal year 2024, ‘5.2 percent’ shall shall— by the Secretary) to exercise the option de- be substituted for ‘6 percent’ each place it ‘‘(i) only select a period of 8 (or, in the case scribed in subparagraph (J) of such section appears; and of a State selecting a base period under sub- (relating to eligibility redeterminations ‘‘(V) for fiscal year 2025 and each subse- paragraph (D), not less than 4) consecutive made on a 6-month or shorter basis) (as quent fiscal year, ‘5 percent’ shall be sub- fiscal quarters for which all the data nec- added by subsection (a)) to increase the fre- stituted for ‘6 percent’ each place it ap- essary to make determinations required quency of eligibility redeterminations. pears.’’. under this section is available, as deter- SEC. 130. OPTIONAL WORK REQUIREMENT FOR SEC. 132. PER CAPITA ALLOTMENT FOR MEDICAL mined by the Secretary; and NONDISABLED, NONELDERLY, NON- ASSISTANCE. ‘‘(ii) shall not select any period of 8 (or, in PREGNANT INDIVIDUALS. (a) IN GENERAL.—Title XIX of the Social the case of a State selecting a base period (a) IN GENERAL.—Section 1902 of the Social Security Act is amended— under subparagraph (D), not less than 4) con- Security Act (42 U.S.C. 1396a), as previously (1) in section 1903 (42 U.S.C. 1396b)— secutive fiscal quarters that begins with a amended, is further amended by adding at (A) in subsection (a), in the matter before fiscal quarter earlier than the first quarter the end the following new subsection: paragraph (1), by inserting ‘‘and section of fiscal year 2014 or ends with a fiscal quar- ‘‘(oo) OPTIONAL WORK REQUIREMENT FOR 1903A(a)’’ after ‘‘except as otherwise provided ter later than the third fiscal quarter of 2017. NONDISABLED, NONELDERLY, NONPREGNANT in this section’’; and ‘‘(D) BASE PERIOD FOR LATE-EXPANDING INDIVIDUALS.— (B) in subsection (d)(1), by striking ‘‘to STATES.— ‘‘(1) IN GENERAL.—Beginning October 1, which’’ and inserting ‘‘to which, subject to ‘‘(i) IN GENERAL.—In the case of a State 2017, subject to paragraph (3), a State may section 1903A(a),’’; and that did not provide for medical assistance elect to condition medical assistance to a (2) by inserting after such section 1903 the for the 1903A enrollee category described in nondisabled, nonelderly, nonpregnant indi- following new section: subsection (e)(2)(D) as of the first day of the vidual under this title upon such an individ- ‘‘SEC. 1903A. PER CAPITA-BASED CAP ON PAY- fourth fiscal quarter of fiscal year 2015 but ual’s satisfaction of a work requirement (as MENTS FOR MEDICAL ASSISTANCE. which provided for such assistance for such defined in paragraph (2)). ‘‘(a) APPLICATION OF PER CAPITA CAP ON category in a subsequent fiscal quarter that ‘‘(2) WORK REQUIREMENT DEFINED.—In this PAYMENTS FOR MEDICAL ASSISTANCE EXPEND- is not later than the fourth quarter of fiscal section, the term ‘work requirement’ means, ITURES.— year 2016, the State may select a per capita with respect to an individual, the individ- ‘‘(1) IN GENERAL.—If a State which is one of base period that is less than 8 consecutive ual’s participation in work activities (as de- the 50 States or the District of Columbia has fiscal quarters, but in no case shall the pe- fined in section 407(d)) for such period of excess aggregate medical assistance expendi- riod selected be less than 4 consecutive fiscal time as determined by the State, and as di- tures (as defined in paragraph (2)) for a fiscal quarters. rected and administered by the State. year (beginning with fiscal year 2020), the ‘‘(ii) APPLICATION OF OTHER REQUIRE- ‘‘(3) REQUIRED EXCEPTIONS.—States admin- amount of payment to the State under sec- MENTS.—Except for the requirement that a istering a work requirement under this sub- tion 1903(a)(1) for each quarter in the fol- per capita base period be a period of 8 con- section may not apply such requirement to— lowing fiscal year shall be reduced by 1⁄4 of secutive fiscal quarters, all other require- ‘‘(A) a woman during pregnancy through the excess aggregate medical assistance pay- ments of this paragraph shall apply to a per the end of the month in which the 60-day pe- ments (as defined in paragraph (3)) for that capita base period selected under this sub- riod (beginning on the last day of her preg- previous fiscal year. In this section, the term paragraph. nancy) ends; ‘State’ means only the 50 States and the Dis- ‘‘(iii) APPLICATION OF BASE PERIOD ADJUST- ‘‘(B) an individual who is under 19 years of trict of Columbia. MENTS.—The adjustments to amounts for per age; ‘‘(2) EXCESS AGGREGATE MEDICAL ASSIST- capita base periods required under sub- ‘‘(C) an individual who is the only parent ANCE EXPENDITURES.—In this subsection, the sections (b)(5) and (d)(4)(E) shall be applied or caretaker relative in the family of a child term ‘excess aggregate medical assistance to amounts for per capita base periods se- who has not attained 6 years of age or who is expenditures’ means, for a State for a fiscal lected under this subparagraph by sub- the only parent or caretaker of a child with year, the amount (if any) by which— stituting ‘divided by the ratio that the num- disabilities; or ‘‘(A) the amount of the adjusted total med- ber of quarters in the base period bears to 4’ ‘‘(D) an individual who is married or a head ical assistance expenditures (as defined in for ‘divided by 2’. of household and has not attained 20 years of subsection (b)(1)) for the State and fiscal ‘‘(E) ADJUSTMENT BY THE SECRETARY.—If age and who— year; exceeds the Secretary determines that a State took

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4207 actions after the date of enactment of this base period population percentage’ means, ‘‘(B) the number of 1903A enrollees for such section (including making retroactive ad- for a State, the Secretary’s calculation of enrollee category, State, and fiscal year, as justments to supplemental payment data in the percentage of the actual medical assist- determined under subsection (e)(4). a manner that affects a fiscal quarter in the ance expenditures, as reported by the State ‘‘(2) TARGET PER CAPITA MEDICAL ASSIST- per capita base period) to diminish the qual- on the CMS–64 reports for calendar quarters ANCE EXPENDITURES.—In this subsection, the ity of the data from the per capita base pe- in the State’s per capita base period, that term ‘target per capita medical assistance riod used to make determinations under this are attributable to 1903A enrollees (as de- expenditures’ means, for a 1903A enrollee section, the Secretary may adjust the data fined in subsection (e)(1)). category and State— as the Secretary deems appropriate. ‘‘(5) ADJUSTMENTS FOR PER CAPITA BASE PE- ‘‘(A) for fiscal year 2020, an amount equal ‘‘(b) ADJUSTED TOTAL MEDICAL ASSISTANCE RIOD.—In calculating medical assistance ex- to— EXPENDITURES.—Subject to subsection (g), penditures under paragraph (2) and excluded the following shall apply: ‘‘(i) the provisional FY19 target per capita expenditures under paragraph (3) for a State amount for such enrollee category (as cal- ‘‘(1) IN GENERAL.—In this section, the term for the State’s per capita base period, the culated under subsection (d)(5)) for the ‘adjusted total medical assistance expendi- total amount of each type of expenditure for tures’ means, for a State— State; increased by the State and base period shall be divided by ‘‘(A) for the State’s per capita base period ‘‘(ii) the applicable annual inflation factor 2. (as defined in subsection (a)(5)), the product (as defined in paragraph (3)) for fiscal year ‘‘(6) AUTHORITY TO EXCLUDE STATE EXPENDI- of— 2020; and TURES FROM CAPS DURING PUBLIC HEALTH ‘‘(i) the amount of the medical assistance ‘‘(B) for each succeeding fiscal year, an expenditures (as defined in paragraph (2) and EMERGENCY.— ‘‘(A) IN GENERAL.—During the period that amount equal to— adjusted under paragraph (5)) for the State ‘‘(i) the target per capita medical assist- and period, reduced by the amount of any ex- begins on January 1, 2020, and ends on De- cember 31, 2024, the Secretary may exclude, ance expenditures (under subparagraph (A) cluded expenditures (as defined in paragraph or this subparagraph) for the 1903A enrollee (3) and adjusted under paragraph (5)) for the from a State’s medical assistance expendi- category and State for the preceding fiscal State and period otherwise included in such tures for a fiscal year or portion of a fiscal medical assistance expenditures; and year that occurs during such period, an year; increased by ‘‘(ii) the 1903A base period population per- amount that shall not exceed the amount de- ‘‘(ii) the applicable annual inflation factor centage (as defined in paragraph (4)) for the termined under subparagraph (B) for the for that succeeding fiscal year. State; or State and year or portion of a year if— ‘‘(3) APPLICABLE ANNUAL INFLATION FAC- ‘‘(B) for fiscal year 2019 or a subsequent fis- ‘‘(i) a public health emergency declared by TOR.—In paragraph (2), the term ‘applicable cal year, the amount of the medical assist- the Secretary pursuant to section 319 of the annual inflation factor’ means— ance expenditures (as defined in paragraph Public Health Service Act existed within the ‘‘(A) for fiscal years before 2025— (2)) for the State and fiscal year that is at- State during such year or portion of a year; ‘‘(i) for each of the 1903A enrollee cat- tributable to 1903A enrollees, reduced by the and egories described in subparagraphs (C), (D), amount of any excluded expenditures (as de- ‘‘(ii) the Secretary determines that such an and (E) of subsection (e)(2), the percentage fined in paragraph (3)) for the State and fis- exemption would be appropriate. increase in the medical care component of cal year otherwise included in such medical ‘‘(B) MAXIMUM AMOUNT OF ADJUSTMENT.— the consumer price index for all urban con- assistance expenditures and includes non- The amount excluded for a State and fiscal sumers (U.S. city average) from September DSH supplemental payments (as defined in year or portion of a fiscal year under this of the previous fiscal year to September of subsection (d)(4)(A)(ii)) and payments de- paragraph shall not exceed the amount by the fiscal year involved; and scribed in subsection (d)(4)(A)(iii) but shall which— ‘‘(ii) for each of the 1903A enrollee cat- not be construed as including any expendi- ‘‘(i) the amount of State expenditures for egories described in subparagraphs (A) and tures attributable to the program under sec- medical assistance for 1903A enrollees in (B) of subsection (e)(2), the percentage in- tion 1928 (relating to State pediatric vaccine areas of the State which are subject to a dec- crease described in clause (i) plus 1 percent- distribution programs). In applying subpara- laration described in subparagraph (A)(i) for age point; and graph (B), non-DSH supplemental payments the fiscal year or portion of a fiscal year; ex- (as defined in subsection (d)(4)(A)(ii)) and ceeds ‘‘(B) for fiscal years after 2024, for all 1903A payments described in subsection ‘‘(ii) the amount of such expenditures for enrollee categories, the percentage increase (d)(4)(A)(iii) shall be treated as fully attrib- such enrollees in such areas during the most in the consumer price index for all urban utable to 1903A enrollees. recent fiscal year or portion of a fiscal year consumers (U.S. city average) from Sep- ‘‘(2) MEDICAL ASSISTANCE EXPENDITURES.— of equal length to the portion of a fiscal year tember of the previous fiscal year to Sep- In this section, the term ‘medical assistance involved during which no such declaration tember of the fiscal year involved. expenditures’ means, for a State and fiscal was in effect. ‘‘(4) DECREASE IN TARGET EXPENDITURES year or per capita base period, the medical ‘‘(C) AGGREGATE LIMITATION ON EXCLUSIONS FOR REQUIRED EXPENDITURES BY CERTAIN PO- assistance payments as reported by medical AND ADDITIONAL BLOCK GRANT PAYMENTS.— LITICAL SUBDIVISIONS.— service category on the Form CMS-64 quar- The aggregate amount of expenditures ex- ‘‘(A) IN GENERAL.—In the case of a State terly expense report (or successor to such a cluded under this paragraph and additional that had a DSH allotment under section report form, and including enrollment data payments made under section 1903B(c)(3)(E) 1923(f) for fiscal year 2016 that was more than and subsequent adjustments to any such re- for the period described in subparagraph (A) 6 times the national average of such allot- port, in this section referred to collectively shall not exceed $5,000,000,000. ments for all the States for such fiscal year as a ‘CMS-64 report’) for quarters in the year ‘‘(D) REVIEW.—If the Secretary exercises or base period for which payment is (or may and that requires political subdivisions with- the authority under this paragraph with re- otherwise be) made pursuant to section in the State to contribute funds towards spect to a State for a fiscal year or portion 1903(a)(1), adjusted, in the case of a per cap- medical assistance or other expenditures of a fiscal year, the Secretary shall, not later ita base period, under paragraph (5). under the State plan under this title (or than 6 months after the declaration de- ‘‘(3) EXCLUDED EXPENDITURES.—In this sec- under a waiver of such plan) for a fiscal year scribed in subparagraph (A)(i) ceases to be in tion, the term ‘excluded expenditures’ (beginning with fiscal year 2020), the target effect, conduct an audit of the State’s med- means, for a State and fiscal year or per cap- total medical assistance expenditures for ical assistance expenditures for 1903A enroll- ita base period, expenditures under the State such State and fiscal year shall be decreased ees during the year or portion of a year to plan (or under a waiver of such plan) that are by the amount that political subdivisions in ensure that all of the expenditures so ex- attributable to any of the following: the State are required to contribute under cluded were made for the purpose of ensuring ‘‘(A) DSH.—Payment adjustments made for that the health care needs of 1903A enrollees the plan (or waiver) without reimbursement disproportionate share hospitals under sec- in areas affected by a public health emer- from the State for such fiscal year, other tion 1923. gency are met. than contributions described in subpara- ‘‘(B) MEDICARE COST-SHARING.—Payments graph (B). ‘‘(c) TARGET TOTAL MEDICAL ASSISTANCE made for medicare cost-sharing (as defined ‘‘(B) EXCEPTIONS.—The contributions de- in section 1905(p)(3)). EXPENDITURES.— scribed in this subparagraph are the fol- ‘‘(C) SAFETY NET PROVIDER PAYMENT AD- ‘‘(1) CALCULATION.—In this section, the lowing: JUSTMENTS IN NON-EXPANSION STATES.—Pay- term ‘target total medical assistance ex- ‘‘(i) Contributions required by a State from ment adjustments under subsection (a) of penditures’ means, for a State for a fiscal a political subdivision that, as of the first section 1923A for which payment is per- year and subject to paragraph (4), the sum of day of the calendar year in which the fiscal mitted under subsection (c) of such section. the products, for each of the 1903A enrollee year involved begins— ‘‘(D) EXPENDITURES FOR PUBLIC HEALTH categories (as defined in subsection (e)(2)), EMERGENCIES.—Any expenditures that are of— ‘‘(I) has a population of more than 5,000,000, subject to a public health emergency exclu- ‘‘(A) the target per capita medical assist- as estimated by the Bureau of the Census; sion under paragraph (6). ance expenditures (as defined in paragraph and ‘‘(4) 1903A BASE PERIOD POPULATION PER- (2)) for the enrollee category, State, and fis- ‘‘(II) imposes a local income tax upon its CENTAGE.—In this subsection, the term ‘1903A cal year; and residents.

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 S4208 CONGRESSIONAL RECORD — SENATE July 25, 2017

‘‘(ii) Contributions required by a State ‘‘(D) PER CAPITA CATEGORICAL MEDICAL AS- (iii) or non-DSH supplemental expenditures from a political subdivision for administra- SISTANCE EXPENDITURES.— (as defined in clause (ii)). tive expenses if the State required such con- ‘‘(i) IN GENERAL.—In this paragraph, the ‘‘(ii) In this paragraph, the term ‘non-DSH tributions from such subdivision without re- term ‘per capita categorical medical assist- supplemental expenditure’ means a payment imbursement from the State as of January 1, ance expenditures’ means, with respect to a to a provider under the State plan (or under 2017. State, 1903A enrollee category, and fiscal a waiver of the plan) that— ‘‘(5) ADJUSTMENTS TO STATE EXPENDITURES year, an amount equal to— ‘‘(I) is not made under section 1923; TARGETS TO PROMOTE PROGRAM EQUITY ACROSS ‘‘(I) the categorical medical expenditures ‘‘(II) is not made with respect to a specific STATES.— (as defined in clause (ii)) for the State, cat- item or service for an individual; ‘‘(A) IN GENERAL.—Beginning with fiscal egory, and year; divided by ‘‘(III) is in addition to any payments made year 2020, the target per capita medical as- ‘‘(II) the number of 1903A enrollees for the to the provider under the plan (or waiver) for sistance expenditures for a 1903A enrollee State, category, and year. any such item or service; and category, State, and fiscal year, as deter- ‘‘(ii) CATEGORICAL MEDICAL ASSISTANCE EX- ‘‘(IV) complies with the limits for addi- mined under paragraph (2), shall be adjusted PENDITURES.—The term ‘categorical medical tional payments to providers under the plan (subject to subparagraph (C)(i)) in accord- assistance expenditures’ means, with respect (or waiver) imposed pursuant to section ance with this paragraph. to a State, 1903A enrollee category, and fis- 1902(a)(30)(A), including the regulations specifying upper payment limits under the ‘‘(B) ADJUSTMENT BASED ON LEVEL OF PER cal year, an amount equal to the total med- State plan in part 447 of title 42, Code of Fed- CAPITA SPENDING FOR 1903A ENROLLEE CAT- ical assistance expenditures (as defined in eral Regulations (or any successor regula- EGORIES.—Subject to subparagraph (C), with paragraph (2)) for the State and fiscal year tions). respect to a State, fiscal year, and 1903A en- that are attributable to 1903A enrollees in ‘‘(iii) An expenditure described in this rollee category, if the State’s per capita cat- the category, excluding any excluded ex- clause is an expenditure that meets the cri- egorical medical assistance expenditures (as penditures (as defined in paragraph (3)) for teria specified in subclauses (I), (II), and (III) defined in subparagraph (D)) for the State the State and fiscal year that are attrib- of clause (ii) and is authorized under section and category in the preceding fiscal year— utable to 1903A enrollees in the category. 1115 for the purposes of funding a delivery ‘‘(i) exceed the mean per capita categorical ‘‘(d) CALCULATION OF FY19 PROVISIONAL system reform pool, uncompensated care medical assistance expenditures for the cat- TARGET AMOUNT FOR EACH 1903A ENROLLEE pool, a designated State health program, or egory for all States for such preceding year CATEGORY.—Subject to subsection (g), the any other similar expenditure (as defined by by not less than 25 percent, the State’s tar- following shall apply: the Secretary). get per capita medical assistance expendi- ‘‘(1) CALCULATION OF BASE AMOUNTS FOR PER ‘‘(B) For each 1903A enrollee category, the tures for such category for the fiscal year in- CAPITA BASE PERIOD.—For each State the number of 1903A enrollees for the State in volved shall be reduced by a percentage that Secretary shall calculate (and provide notice fiscal year 2019 in the enrollee category (as shall be determined by the Secretary but to the State not later than April 1, 2018, of) determined under subsection (e)(4)). which shall not be less than 0.5 percent or the following: ‘‘(C) For the State’s per capita base period, greater than 3 percent; or ‘‘(A) The amount of the adjusted total the State’s non-DSH supplemental and pool ‘‘(ii) are less than the mean per capita cat- medical assistance expenditures (as defined payment percentage is equal to the ratio (ex- egorical medical assistance expenditures for in subsection (b)(1)) for the State for the pressed as a percentage) of— the category for all States for such preceding State’s per capita base period. ‘‘(i) the total amount of non-DSH supple- year by not less than 25 percent, the State’s ‘‘(B) The number of 1903A enrollees for the mental expenditures (as defined in subpara- target per capita medical assistance expendi- State in the State’s per capita base period graph (A)(ii) and adjusted under subpara- tures for such category for the fiscal year in- (as determined under subsection (e)(4)). graph (E)) and payments described in sub- volved shall be increased by a percentage ‘‘(C) The average per capita medical assist- paragraph (A)(iii) (and adjusted under sub- that shall be determined by the Secretary ance expenditures for the State for the paragraph (E)) for the State for the period; but which shall not be less than 0.5 percent State’s per capita base period equal to— to or greater than 3 percent. ‘‘(i) the amount calculated under subpara- ‘‘(ii) the amount described in subsection ‘‘(C) RULES OF APPLICATION.— graph (A); divided by (b)(1)(A) for the State for the State’s per cap- ‘‘(i) BUDGET NEUTRALITY REQUIREMENT.—In ‘‘(ii) the number calculated under subpara- ita base period. determining the appropriate percentages by graph (B). ‘‘(D) For each 1903A enrollee category an which to adjust States’ target per capita ‘‘(2) FISCAL YEAR 2019 AVERAGE PER CAPITA average medical assistance expenditures per medical assistance expenditures for a cat- AMOUNT BASED ON INFLATING THE PER CAPITA capita for the State for fiscal year 2019 for egory and fiscal year under this paragraph, BASE PERIOD AMOUNT TO FISCAL YEAR 2019 BY the enrollee category equal to— the Secretary shall make such adjustments CPI-MEDICAL.—The Secretary shall calculate ‘‘(i) the amount calculated under subpara- in a manner that does not result in a net in- a fiscal year 2019 average per capita amount graph (A) for the State, increased by the crease in Federal payments under this sec- for each State equal to— non-DSH supplemental and pool payment tion for such fiscal year, and if the Secretary ‘‘(A) the average per capita medical assist- percentage for the State (as calculated under cannot adjust such expenditures in such a ance expenditures for the State for the subparagraph (C)); divided by manner there shall be no adjustment under State’s per capita base period (calculated ‘‘(ii) the number calculated under subpara- this paragraph for such fiscal year. under paragraph (1)(C)); increased by graph (B) for the State for the enrollee cat- ‘‘(ii) ASSUMPTION REGARDING STATE EXPEND- ‘‘(B) the percentage increase in the med- egory. ITURES.—For purposes of clause (i), in the ical care component of the consumer price ‘‘(E) For purposes of subparagraph (C)(i), in case of a State that has its target per capita index for all urban consumers (U.S. city av- calculating the total amount of non-DSH medical assistance expenditures for a 1903A erage) from the last month of the State’s per supplemental expenditures and payments de- enrollee category and fiscal year increased capita base period to September of fiscal scribed in subparagraph (A)(iii) for a State under this paragraph, the Secretary shall as- year 2019. for the per capita base period, the total sume that the categorical medical assistance ‘‘(3) AGGREGATE AND AVERAGE EXPENDI- amount of such expenditures and the total expenditures (as defined in subparagraph TURES PER CAPITA FOR FISCAL YEAR 2019.—The amount of such payments for the State and (D)(ii)) for such State, category, and fiscal Secretary shall calculate for each State the base period shall each be divided by 2. year will equal such increased target med- following: ‘‘(5) PROVISIONAL FY19 PER CAPITA TARGET ical assistance expenditures. ‘‘(A) The amount of the adjusted total AMOUNT FOR EACH 1903A ENROLLEE CATEGORY.— ‘‘(iii) NONAPPLICATION TO LOW-DENSITY medical assistance expenditures (as defined Subject to subsection (f)(2), the Secretary STATES.—This paragraph shall not apply to in subsection (b)(1)) for the State for fiscal shall calculate for each State a provisional any State that has a population density of year 2019. FY19 per capita target amount for each 1903A less than 15 individuals per square mile, ‘‘(B) The number of 1903A enrollees for the enrollee category equal to the average med- based on the most recent data available from State in fiscal year 2019 (as determined under ical assistance expenditures per capita for the Bureau of the Census. subsection (e)(4)). the State for fiscal year 2019 (as calculated ‘‘(iv) DISREGARD OF ADJUSTMENT.—Any ad- ‘‘(4) PER CAPITA EXPENDITURES FOR FISCAL under paragraph (4)(D)) for such enrollee cat- justment under this paragraph to target YEAR 2019 FOR EACH 1903A ENROLLEE CAT- egory multiplied by the ratio of— medical assistance expenditures for a State, EGORY.—The Secretary shall calculate (and ‘‘(A) the product of— 1903A enrollee category, and fiscal year shall provide notice to each State not later than ‘‘(i) the fiscal year 2019 average per capita be disregarded when determining the target January 1, 2020, of) the following: amount for the State, as calculated under medical assistance expenditures for such ‘‘(A)(i) For each 1903A enrollee category, paragraph (2); and State and category for a succeeding year the amount of the adjusted total medical as- ‘‘(ii) the number of 1903A enrollees for the under paragraph (2). sistance expenditures (as defined in sub- State in fiscal year 2019, as calculated under ‘‘(v) APPLICATION FOR FISCAL YEARS 2020 AND section (b)(1)) for the State for fiscal year paragraph (3)(B); to 2021.—In fiscal years 2020 and 2021, the Sec- 2019 for individuals in the enrollee category, ‘‘(B) the amount of the adjusted total med- retary shall apply this paragraph by deeming calculated by excluding from medical assist- ical assistance expenditures for the State for all categories of 1903A enrollees to be a sin- ance expenditures those expenditures attrib- fiscal year 2019, as calculated under para- gle category. utable to expenditures described in clause graph (3)(A).

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‘‘(e) 1903A ENROLLEE; 1903A ENROLLEE CAT- a State and fiscal year or the State’s per assistance expenditures within such cat- EGORY.—Subject to subsection (g), for pur- capita base period, and, if applicable, for a egories of services and categories of enroll- poses of this section, the following shall 1903A enrollee category, is the average ees (including each 1903A enrollee category apply: monthly number of Medicaid enrollees for and each category of excluded individuals ‘‘(1) 1903A ENROLLEE.—The term ‘1903A en- such State and fiscal year or base period under subsection (e)(1)) and the numbers of rollee’ means, with respect to a State and a (and, if applicable, in such category) that are enrollees within each of such enrollee cat- month and subject to subsection (i)(1)(B), reported through the CMS–64 report under egories, as the Secretary determines are nec- any Medicaid enrollee (as defined in para- (and subject to audit under) subsection (h). essary (including timely guidance published graph (3)) for the month, other than such an ‘‘(f) SPECIAL PAYMENT RULES.— as soon as possible after the date of the en- enrollee who for such month is in any of the ‘‘(1) APPLICATION IN CASE OF RESEARCH AND actment of this section) in order to imple- following categories of excluded individuals: DEMONSTRATION PROJECTS AND OTHER WAIV- ment this section and to enable States to ‘‘(A) CHIP.—An individual who is provided, ERS.—In the case of a State with a waiver of comply with the requirement of this para- under this title in the manner described in the State plan approved under section 1115, graph on a timely basis. section 2101(a)(2), child health assistance section 1915, or another provision of this ‘‘(B) REPORTING ON QUALIFIED INPATIENT under title XXI. title, this section shall apply to medical as- PSYCHIATRIC HOSPITAL SERVICES.—Not later ‘‘(B) IHS.—An individual who receives any sistance expenditures and medical assistance than 60 days after the date of the enactment medical assistance under this title for serv- payments under the waiver, in the same of this section, the Secretary shall modify ices for which payment is made under the manner as if such expenditures and pay- the CMS–64 report form to require that third sentence of section 1905(b). ments had been made under a State plan States submit data with respect to medical ‘‘(C) BREAST AND CERVICAL CANCER SERV- under this title and the limitations on ex- assistance expenditures for qualified inpa- ICES ELIGIBLE INDIVIDUAL.—An individual who penditures under this section shall supersede tient psychiatric hospital services (as de- is eligible for medical assistance under this any other payment limitations or provisions fined in section 1905(h)(3)). title only on the basis of section (including limitations based on a per capita ‘‘(C) REPORTING ON CHILDREN WITH COMPLEX 1902(a)(10)(A)(ii)(XVIII). limitation) otherwise applicable under such MEDICAL CONDITIONS.—Not later than Janu- ‘‘(D) PARTIAL-BENEFIT ENROLLEES.—An in- a waiver. ary 1, 2020, the Secretary shall modify the dividual who— ‘‘(2) TREATMENT OF STATES EXPANDING COV- CMS–64 report form to require that States ‘‘(i) is an alien who is eligible for medical ERAGE AFTER JULY 1, 2016.—In the case of a submit data with respect to individuals assistance under this title only on the basis State that did not provide for medical assist- who— of section 1903(v)(2); ance for the 1903A enrollee category de- ‘‘(i) are enrolled in a State plan under this ‘‘(ii) is eligible for medical assistance scribed in subsection (e)(2)(D) as of July 1, title or title XXI or under a waiver of such under this title only on the basis of sub- 2016, but which subsequently provides for plan; clause (XII) or (XXI) of section such assistance for such category, the provi- ‘‘(ii) are under 21 years of age; and 1902(a)(10)(A)(ii) (or on the basis of a waiver sional FY19 per capita target amount for ‘‘(iii) have a chronic medical condition or that provides only comparable benefits); such enrollee category under subsection serious injury that— ‘‘(iii) is a dual eligible individual (as de- (d)(5) shall be equal to the provisional FY19 ‘‘(I) affects two or more body systems; fined in section 1915(h)(2)(B)) and is eligible per capita target amount for the 1903A en- ‘‘(II) affects cognitive or physical func- for medical assistance under this title (or rollee category described in subsection tioning (such as reducing the ability to per- under a waiver) only for some or all of medi- (e)(2)(E). form the activities of daily living, including care cost-sharing (as defined in section the ability to engage in movement or mobil- ‘‘(3) IN CASE OF STATE FAILURE TO REPORT 1905(p)(3)); or ity, eat, drink, communicate, or breathe NECESSARY DATA.—If a State for any quarter ‘‘(iv) is eligible for medical assistance in a fiscal year (beginning with fiscal year independently); and under this title and for whom the State is 2019) fails to satisfactorily submit data on ‘‘(III) either— providing a payment or subsidy to an em- expenditures and enrollees in accordance ‘‘(aa) requires intensive healthcare inter- ployer for coverage of the individual under a with subsection (h)(1), for such fiscal year ventions (such as multiple medications, group health plan pursuant to section 1906 or therapies, or durable medical equipment) and any succeeding fiscal year for which section 1906A (or pursuant to a waiver that and intensive care coordination to optimize such data are not satisfactorily submitted— provides only comparable benefits). health and avoid hospitalizations or emer- ‘‘(A) the Secretary shall calculate and ‘‘(E) BLIND AND DISABLED CHILDREN.—An in- gency department visits; or apply subsections (a) through (e) with re- dividual who— ‘‘(bb) meets the criteria for medical com- spect to the State as if all 1903A enrollee cat- ‘‘(i) is a child under 19 years of age; and plexity under existing risk adjustment meth- egories for which such expenditure and en- ‘‘(ii) is eligible for medical assistance odologies using a recognized, publicly avail- rollee data were not satisfactorily submitted under this title on the basis of being blind or able pediatric grouping system (such as the were a single 1903A enrollee category; and disabled. pediatric complex conditions classification ‘‘(B) the growth factor otherwise applied ‘‘(2) 1903A ENROLLEE CATEGORY.—The term system or the Pediatric Medical Complexity ‘1903A enrollee category’ means each of the under subsection (c)(2)(B) shall be decreased Algorithm) selected by the Secretary in following: by 1 percentage point. close collaboration with the State agencies ‘‘(g) RECALCULATION OF CERTAIN AMOUNTS ‘‘(A) ELDERLY.—A category of 1903A enroll- responsible for administering State plans FOR DATA ERRORS.—The amounts and per- ees who are 65 years of age or older. under this title and a national panel of pedi- centage calculated under paragraphs (1) and ‘‘(B) BLIND AND DISABLED.—A category of atric, pediatric specialty, and pediatric sub- (4)(C) of subsection (d) for a State for the 1903A enrollees (not described in the previous State’s per capita base period, and the specialty experts. subparagraph) who— amounts of the adjusted total medical assist- ‘‘(2) AUDITING OF CMS–64 DATA.—The Sec- ‘‘(i) are 19 years of age or older; and ance expenditures calculated under sub- retary shall conduct for each State an audit ‘‘(ii) are eligible for medical assistance section (b) and the number of Medicaid en- of the number of individuals and expendi- under this title on the basis of being blind or rollees and 1903A enrollees determined under tures reported through the CMS–64 report for disabled. subsection (e)(4) for a State for the State’s the State’s per capita base period, fiscal year ‘‘(C) CHILDREN.—A category of 1903A enroll- per capita base period, fiscal year 2019, and 2019, and each subsequent fiscal year, which ees (not described in a previous subpara- any subsequent fiscal year, may be adjusted audit may be conducted on a representative graph) who are children under 19 years of by the Secretary based upon an appeal (filed sample (as determined by the Secretary). age. by the State in such a form, manner, and ‘‘(3) AUDITING OF STATE SPENDING.—The In- ‘‘(D) EXPANSION ENROLLEES.—A category of time, and containing such information relat- spector General of the Department of Health 1903A enrollees (not described in a previous ing to data errors that support such appeal, and Human Services shall conduct an audit subparagraph) who are eligible for medical as the Secretary specifies) that the Sec- (which shall be conducted using random sam- assistance under this title only on the basis retary determines to be valid, except that pling, as determined by the Inspector Gen- of clause (i)(VIII), (ii)(XX), or (ii)(XXIII) of any adjustment by the Secretary under this eral) of each State’s spending under this sec- section 1902(a)(10)(A). subsection for a State may not result in an tion not less than once every 3 years. ‘‘(E) OTHER NONELDERLY, NONDISABLED, increase of the target total medical assist- ‘‘(4) TEMPORARY INCREASE IN FEDERAL NON-EXPANSION ADULTS.—A category of 1903A ance expenditures exceeding 2 percent. MATCHING PERCENTAGE TO SUPPORT IMPROVED enrollees who are not described in any pre- ‘‘(h) REQUIRED REPORTING AND AUDITING; DATA REPORTING SYSTEMS FOR FISCAL YEARS vious subparagraph. TRANSITIONAL INCREASE IN FEDERAL MATCH- 2018 AND 2019.—In the case of any State that ‘‘(3) MEDICAID ENROLLEE.—The term ‘Med- ING PERCENTAGE FOR CERTAIN ADMINISTRA- selects as its per capita base period the most icaid enrollee’ means, with respect to a State TIVE EXPENSES.— recent 8 consecutive quarter period for which for a month, an individual who is eligible for ‘‘(1) REPORTING OF CMS–64 DATA.— the data necessary to make the determina- medical assistance for items or services ‘‘(A) IN GENERAL.—In addition to the data tions required under this section is available, under this title and enrolled under the State required on form Group VIII on the CMS–64 for amounts expended during calendar quar- plan (or a waiver of such plan) under this report form as of January 1, 2017, in each ters beginning on or after October 1, 2017, title for the month. CMS-64 report required to be submitted (for and before October 1, 2019— ‘‘(4) DETERMINATION OF NUMBER OF 1903A EN- each quarter beginning on or after October 1, ‘‘(A) the Federal matching percentage ap- ROLLEES.—The number of 1903A enrollees for 2018), the State shall include data on medical plied under section 1903(a)(3)(A)(i) shall be

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 S4210 CONGRESSIONAL RECORD — SENATE July 25, 2017 increased by 10 percentage points to 100 per- project, notwithstanding section 1905(b), the will satisfy the requirements described in cent; Federal medical assistance percentage appli- subsection (d). ‘‘(B) the Federal matching percentage ap- cable with respect to expenditures by an eli- ‘‘(B) The proposed conditions for eligibility plied under section 1903(a)(3)(B) shall be in- gible State that are attributable to HCBS of program enrollees. creased by 25 percentage points to 100 per- payment adjustments shall be equal to (and ‘‘(C) The applicable program enrollee cat- cent; and shall in no case exceed) 100 percent. egory (as defined in subsection (e)(1)). ‘‘(C) the Federal matching percentage ap- ‘‘(ii) LIMITATION ON HCBS PAYMENT ADJUST- ‘‘(D) A description of the types, amount, plied under section 1903(a)(7) shall be in- MENTS FOR INDIVIDUAL PROVIDERS.—Payment duration, and scope of services which will be creased by 10 percentage points to 60 percent under section 1903(a) shall not be made to an offered as targeted health assistance under but only with respect to amounts expended eligible State for expenditures for a year the program, including a description of the that are attributable to a State’s additional that are attributable to an HCBS payment proposed package of services which will be administrative expenditures to implement adjustment that is paid to a single provider provided to program enrollees to whom the the data requirements of paragraph (1). and exceeds a percentage which shall be es- State would otherwise be required to make ‘‘(5) HHS REPORT ON ADOPTION OF T–MSIS tablished by the Secretary of the payment medical assistance available under section DATA.—Not later than January 1, 2025, the otherwise made to the provider. 1902(a)(10)(A)(i). Secretary shall submit to Congress a report ‘‘(iii) LIMITATION OF PAYMENT TO AMOUNT OF ‘‘(E) A description of how the State will making recommendations as to whether data ALLOTMENT.—Payment under section 1903(a) notify individuals currently enrolled in the from the Transformed Medicaid Statistical shall not be made to an eligible State for ex- State plan for medical assistance under this Information System would be preferable to penditures for a year that are attributable to title of the transition to such program. CMS–64 report data for purposes of making an HCBS payment adjustment to the extent ‘‘(F) Statements certifying that the State the determinations necessary under this sec- that the aggregate amount of HCBS payment agrees to— tion.’’. adjustments made by the State in the year ‘‘(i) submit regular enrollment data with (b) ENSURING ACCESS TO HOME AND COMMU- exceeds the amount allotted to the State for respect to the program to the Centers for NITY BASED SERVICES.—Section 1915 of the the year under subparagraph (A)(i). Medicare & Medicaid Services at such time Social Security Act (42 U.S.C. 1396n) is ‘‘(5) REPORTING AND EVALUATION.— and in such manner as the Secretary may re- amended by adding at the end the following ‘‘(A) IN GENERAL.—As a condition of receiv- new subsection: ing the increased Federal medical assistance quire; ‘‘(l) INCENTIVE PAYMENTS FOR HOME AND percentage described in paragraph (4)(B)(i), ‘‘(ii) submit timely and accurate data to COMMUNITY-BASED SERVICES.— each eligible State shall collect and report the Transformed Medicaid Statistical Infor- ‘‘(1) IN GENERAL.—The Secretary shall es- information, as determined necessary by the mation System (T–MSIS); tablish a demonstration project (referred to Secretary, for the purposes of providing Fed- ‘‘(iii) report annually to the Secretary on in this subsection as the ‘demonstration eral oversight and evaluating the State’s adult health quality measures implemented project’) under which eligible States may compliance with the health and welfare and under the program and information on the make HCBS payment adjustments for the financial accountability safeguards taken by quality of health care furnished to program purpose of continuing to provide and improv- the State under subsection (c)(2)(A). enrollees under the program as part of the ing the quality of home and community- ‘‘(B) FORMS.—Expenditures by eligible annual report required under section based services provided under a waiver under States on HCBS payment adjustments shall 1139B(d)(1); subsection (c) or (d) or a State plan amend- be separately reported on the CMS-64 Form ‘‘(iv) submit such additional data and in- ment under subsection (i). and in T-MSIS. formation not described in any of the pre- ‘‘(2) SELECTION OF ELIGIBLE STATES.— ‘‘(6) DEFINITIONS.—In this subsection: ceding clauses of this subparagraph but ‘‘(A) APPLICATION.—A State seeking to par- ‘‘(A) ELIGIBLE STATE.—The term ‘eligible which the Secretary determines is necessary ticipate in the demonstration project shall State’ means a State that— for monitoring, evaluation, or program in- submit to the Secretary, at such time and in ‘‘(i) is one of the 50 States or the District tegrity purposes, including— such manner as the Secretary shall require, of Columbia; ‘‘(I) survey data, such as the data from an application that includes— ‘‘(ii) has in effect— Consumer Assessment of Healthcare Pro- ‘‘(i) an assurance that any HCBS payment ‘‘(I) a waiver under subsection (c) or (d); or viders and Systems (CAHPS) surveys; adjustment made by the State under this ‘‘(II) a State plan amendment under sub- ‘‘(II) birth certificate data; and subsection will comply with the health and section (i); ‘‘(III) clinical patient data for quality welfare and financial accountability safe- ‘‘(iii) submits an application under para- measurements which may not be present in a guards taken by the State under subsection graph (2)(A); and claim, such as laboratory data, body mass (c)(2)(A); and ‘‘(iv) is selected by the Secretary to par- index, and blood pressure; and ‘‘(ii) such other information and assur- ticipate in the demonstration project. ‘‘(v) on an annual basis, conduct a report ances as the Secretary shall require. ‘‘(B) HCBS PAYMENT ADJUSTMENT.—The evaluating the program and make such re- ‘‘(B) SELECTION.—The Secretary shall se- term ‘HCBS payment adjustment’ means a port available to the public. lect States to participate in the demonstra- payment adjustment made by an eligible ‘‘(G) An information technology systems tion project on a competitive basis except State to the amount of payment otherwise plan demonstrating that the State has the that, in making selections under this para- provided under a waiver under subsection (c) capability to support the technological ad- graph, the Secretary shall give priority to or (d) or a State plan amendment under sub- ministration of the program and comply any State that is one of the 15 States in the section (i) for a home and community-based with reporting requirements under this sec- United States with the lowest population service which is provided to a 1903A enrollee tion. density, as determined by the Secretary (as defined in section 1903A(e)(1)) who is in ‘‘(H) A statement of the goals of the pro- based on data from the Bureau of the Census. the enrollee category described in subpara- posed program, which shall include— ‘‘(3) TERM OF DEMONSTRATION PROJECT.— graph (A) or (B) of section 1903A(e)(2).’’. ‘‘(i) goals related to quality, access, rate of The demonstration project shall be con- growth targets, consumer satisfaction, and SEC. 133. FLEXIBLE BLOCK GRANT OPTION FOR ducted for the 4-year period beginning on STATES. outcomes; January 1, 2020, and ending on December 31, Title XIX of the Social Security Act, as ‘‘(ii) a plan for monitoring and evaluating 2023. amended by section 132, is further amended the program to determine whether such ‘‘(4) STATE ALLOTMENTS AND INCREASED by inserting after section 1903A the following goals are being met; and FMAP FOR PAYMENT ADJUSTMENTS.— new section: ‘‘(iii) a proposed process for the State, in ‘‘(A) IN GENERAL.— ‘‘SEC. 1903B. MEDICAID FLEXIBILITY PROGRAM. consultation with the Centers for Medicare & ‘‘(i) ANNUAL ALLOTMENT.—Subject to clause ‘‘(a) IN GENERAL.—Beginning with fiscal Medicaid Services, to take remedial action (ii), for each year of the demonstration year 2020, any State (as defined in subsection to make progress on unmet goals. project, the Secretary shall allot an amount (e)) that has an application approved by the ‘‘(I) Such other information as the Sec- to each State that is an eligible State for the Secretary under subsection (b) may conduct retary may require. year. a Medicaid Flexibility Program to provide ‘‘(3) STATE NOTICE AND COMMENT PERIOD.— ‘‘(ii) LIMITATION ON FEDERAL SPENDING.— targeted health assistance to program en- ‘‘(A) IN GENERAL.—Before submitting an The aggregate amount that may be allotted rollees. application under this subsection, a State to eligible States under clause (i) for all ‘‘(b) STATE APPLICATION.— shall make the application publicly available years of the demonstration project shall not ‘‘(1) IN GENERAL.—To be eligible to conduct for a 30 day notice and comment period. exceed $8,000,000,000, and in no case may the a Medicaid Flexibility Program, a State ‘‘(B) NOTICE AND COMMENT PROCESS.—Dur- aggregate amount of payments made by the shall submit an application to the Secretary ing the notice and comment period described Secretary to eligible States for payment ad- that meets the requirements of this sub- in subparagraph (A), the State shall provide justments under this subsection exceed such section. opportunities for a meaningful level of pub- amount. ‘‘(2) CONTENTS OF APPLICATION.—An appli- lic input, which shall include public hearings ‘‘(B) PAYMENTS TO ELIGIBLE STATES AND cation under this subsection shall include on the proposed Medicaid Flexibility Pro- LIMITATIONS ON PAYMENTS.— the following: gram. ‘‘(i) IN GENERAL.—Subject to clauses (ii) ‘‘(A) A description of the proposed Med- ‘‘(4) FEDERAL NOTICE AND COMMENT PE- and (iii), for each year of the demonstration icaid Flexibility Program and how the State RIOD.—The Secretary shall not approve of

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4211 any application to conduct a Medicaid Flexi- such 1903A enrollee category for the State subsection (d)(2)(B) and such termination is bility Program without making such appli- and year shall not exceed the adjusted num- effective with the end of the fiscal year in cation publicly available for a 30 day notice ber of base period enrollees for the State (as which the State fails to make the required and comment period. defined in clause (ii)). amount of expenditures under subparagraph ‘‘(5) TIMELINE FOR SUBMISSION.— ‘‘(ii) ADJUSTED NUMBER OF BASE PERIOD EN- (B), the reduction amount determined for the ‘‘(A) IN GENERAL.—A State may submit an ROLLEES.—The term ‘adjusted number of State and succeeding fiscal year under application under this subsection to conduct base period enrollees’ means, with respect to clause (i) shall be treated as an overpayment a Medicaid Flexibility Program that would a State and 1903A enrollee category, the under this title. begin in the next fiscal year at any time, number of 1903A enrollees in the enrollee ‘‘(D) REDUCTION FOR NONCOMPLIANCE.—If subject to subparagraph (B). category for the State for the State’s per the Secretary determines that a State con- ‘‘(B) DEADLINES.—Each year beginning capita base period (as determined under sec- ducting a Medicaid Flexibility Program is with 2019, the Secretary shall specify a dead- tion 1903A(e)(4)), increased by the percentage not complying with the requirements of this line for submitting an application under this increase, if any, in the total State popu- section, the Secretary may withhold pay- subsection to conduct a Medicaid Flexibility lation from the last April in the State’s per ments, reduce payments, or recover previous Program that would begin in the next fiscal capita base period to April of the fiscal year payments to the State under this section as year, but such deadline shall not be earlier preceding the fiscal year involved (deter- the Secretary deems appropriate. than 60 days after the date that the Sec- mined using the best available data from the ‘‘(E) ADDITIONAL FEDERAL PAYMENTS DUR- retary publishes the amounts of State block Bureau of the Census) plus 3 percentage ING PUBLIC HEALTH EMERGENCY.— grants as required under subsection (c)(4). points. ‘‘(i) IN GENERAL.—In the case of a State and ‘‘(c) FINANCING.— ‘‘(D) AVAILABILITY OF ROLLOVER FUNDS.— fiscal year or portion of a fiscal year for ‘‘(1) IN GENERAL.—For each fiscal year dur- ‘‘(i) IN GENERAL.—To the extent that the which the Secretary has excluded expendi- ing which a State is conducting a Medicaid block grant amount available to a State for tures under section 1903A(b)(6), if the State Flexibility Program, the State shall receive, a fiscal year under this paragraph exceeds has uncompensated targeted health assist- instead of amounts otherwise payable to the the amount of Federal payments made to the ance expenditures for the year or portion of State under this title for medical assistance State for such fiscal year under paragraph a year, the Secretary may make an addi- for program enrollees, the amount specified (3)(A), the Secretary shall make such funds tional payment to such State equal to the in paragraph (3)(A). available to the State for the succeeding fis- Federal average medical assistance percent- ‘‘(2) AMOUNT OF BLOCK GRANT FUNDS.— cal year if the State— age (as defined in section 1903A(a)(4)) for the ‘‘(A) IN GENERAL.—The block grant amount ‘‘(I) satisfies the State maintenance of ef- year or portion of a year of the amount of under this paragraph for a State and year fort requirement under paragraph (3)(B); and such uncompensated targeted health assist- shall be equal to the sum of the amounts de- ‘‘(II) is conducting a Medicaid Flexibility ance expenditures, except that the amount of termined under subparagraph (B) for each Program in such succeeding fiscal year. such payment shall not exceed the amount 1903A enrollee category within the applicable ‘‘(ii) USE OF FUNDS.—Funds made available determined for the State and year or portion program enrollee category for the State and to a State under this subparagraph shall of a year under clause (ii). year. only be used for expenditures related to the ‘‘(ii) MAXIMUM AMOUNT OF ADDITIONAL PAY- ‘‘(B) ENROLLEE CATEGORY AMOUNTS.— State plan under this title or to the State MENT.—The amount determined for a State ‘‘(i) FOR INITIAL YEAR.—Subject to subpara- Medicaid Flexibility Program. and fiscal year or portion of a fiscal year graph (C), for the first fiscal year in which a ‘‘(3) FEDERAL PAYMENT AND STATE MAINTE- under this subparagraph shall not exceed the 1903A enrollee category is included in the ap- NANCE OF EFFORT.— Federal average medical assistance percent- plicable program enrollee category for a ‘‘(A) FEDERAL PAYMENT.—Subject to sub- age (as defined in section 1903A(a)(4)) for Medicaid Flexibility Program conducted by paragraphs (D) and (E), the Secretary shall such year or portion of a year of the amount the State, the amount determined under this pay to each State conducting a Medicaid by which— subparagraph for the State, year, and cat- Flexibility Program under this section for a ‘‘(I) the amount of State expenditures for egory shall be equal to the Federal average fiscal year, from its block grant amount targeted health assistance for program en- medical assistance matching percentage (as under paragraph (2) for such year, an amount rollees in areas of the State which are sub- defined in section 1903A(a)(4)) for the State for each quarter of such year equal to the ject to a declaration described in section and year multiplied by the product of— Federal average medical assistance percent- 1903A(b)(6)(A)(i) for the year or portion of a ‘‘(I) the target per capita medical assist- age (as defined in section 1903A(a)(4)) of the year; exceeds ance expenditures (as defined in section total amount expended under the program ‘‘(II) the amount of such expenditures for 1903A(c)(2)) for the State, year, and category; during such quarter as targeted health as- such enrollees in such areas during the most and sistance, and the State is responsible for the recent fiscal year involved (or portion of a ‘‘(II) the number of 1903A enrollees in such balance of the funds to carry out such pro- fiscal year of equal length to the portion of category for the State for the second fiscal gram. a fiscal year involved) during which no such year preceding such first fiscal year, in- ‘‘(B) STATE MAINTENANCE OF EFFORT EX- declaration was in effect. creased by the percentage increase in State PENDITURES.—For each year during which a ‘‘(iii) UNCOMPENSATED TARGETED HEALTH population from such second preceding fiscal State is conducting a Medicaid Flexibility ASSISTANCE.—In this subparagraph, the term year to such first fiscal year, based on the Program, the State shall make expenditures ‘uncompensated targeted health assistance best available estimates of the Bureau of the for targeted health assistance under the pro- expenditures’ means, with respect to a State Census. gram in an amount equal to the product of— and fiscal year or portion of a fiscal year, an ‘‘(ii) FOR ANY SUBSEQUENT YEAR.—For any ‘‘(i) the block grant amount determined for amount equal to the amount (if any) by fiscal year that is not the first fiscal year in the State and year under paragraph (2); and which— which a 1903A enrollee category is included ‘‘(ii) the enhanced FMAP described in the ‘‘(I) the total amount expended by the in the applicable program enrollee category first sentence of section 2105(b) for the State State under the program for targeted health for a Medicaid Flexibility Program con- and year. assistance for the year or portion of a year; ducted by the State, the block grant amount ‘‘(C) REDUCTION IN BLOCK GRANT AMOUNT exceeds under this paragraph for the State, year, and FOR STATES FAILING TO MEET MOE REQUIRE- ‘‘(II) the amount equal to the amount of category shall be equal to the amount deter- MENT.— the block grant (reduced, in the case of a mined for the State and category for the ‘‘(i) IN GENERAL.—In the case of a State portion of a year, to the same proportion of most recent previous fiscal year in which the conducting a Medicaid Flexibility Program the full block grant amount that the portion State conducted a Medicaid Flexibility Pro- that makes expenditures for targeted health of the year bears to the whole year) divided gram that included such category, except assistance under the program for a fiscal by the Federal average medical assistance that such amount shall be increased by the year in an amount that is less than the re- percentage for the year or portion of a year. percentage increase in the consumer price quired amount for the fiscal year under sub- ‘‘(iv) REVIEW.—If the Secretary makes a index for all urban consumers (U.S. city av- paragraph (B), the amount of the block grant payment to a State for a fiscal year or por- erage) from April of the second fiscal year determined for the State under paragraph (2) tion of a fiscal year, the Secretary shall, not preceding the fiscal year involved to April of for the succeeding fiscal year shall be re- later than 6 months after the declaration de- the fiscal year preceding the fiscal year in- duced by the amount by which such expendi- scribed in section 1903A(b)(6)(A)(i) ceases to volved. tures are less than such required amount. be in effect, conduct an audit of the State’s ‘‘(C) CAP ON TOTAL POPULATION OF 1903A EN- ‘‘(ii) DISREGARD OF REDUCTION.—For pur- targeted health assistance expenditures for ROLLEES FOR PURPOSES OF BLOCK GRANT CAL- poses of determining the amount of a State program enrollees during the year or portion CULATION.— block grant under paragraph (2), any reduc- of a year to ensure that all of the expendi- ‘‘(i) IN GENERAL.—In calculating the tion made under this subparagraph to a tures for which the additional payment was amount of a block grant for the first year in State’s block grant amount in a previous fis- made were made for the purpose of ensuring which a 1903A enrollee category is included cal year shall be disregarded. that the health care needs of program enroll- in the applicable program enrollee category ‘‘(iii) APPLICATION TO STATES THAT TERMI- ees in areas affected by a public health emer- for a Medicaid Flexibility Program con- NATE PROGRAM.—In the case of a State de- gency are met. ducted by the State under subparagraph scribed in clause (i) that terminates the ‘‘(4) DETERMINATION AND PUBLICATION OF (B)(i), the total number of 1903A enrollees in State Medicaid Flexibility Program under BLOCK GRANT AMOUNT.—Beginning in 2019 and

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 S4212 CONGRESSIONAL RECORD — SENATE July 25, 2017 each year thereafter, the Secretary shall de- targeted health assistance the following annual aggregate amount of all such charges termine for each State, regardless of whether types of services: imposed with respect to all program enroll- the State is conducting a Medicaid Flexi- ‘‘(i) Inpatient and outpatient hospital serv- ees in a family shall not exceed 5 percent of bility Program or has submitted an applica- ices. the family’s income for the year involved. tion to conduct such a program, the amount ‘‘(ii) Laboratory and X-ray services. ‘‘(5) ADMINISTRATION OF PROGRAM.—Each of the block grant for the State under para- ‘‘(iii) Nursing facility services for individ- State conducting a Medicaid Flexibility Pro- graph (2) which would apply for the upcom- uals aged 21 and older. gram shall do the following: ing fiscal year if the State were to conduct ‘‘(iv) Physician services. ‘‘(A) SINGLE AGENCY.—Designate a single such a program in such fiscal year, and shall ‘‘(v) Home health care services (including State agency responsible for administering publish such determinations not later than home nursing services, medical supplies, the program. June 1 of each year. equipment, and appliances). ‘‘(B) ENROLLMENT SIMPLIFICATION AND CO- ‘‘(d) PROGRAM REQUIREMENTS.— ‘‘(vi) Rural health clinic services (as de- ORDINATION WITH STATE HEALTH INSURANCE ‘‘(1) IN GENERAL.—No payment shall be fined in section 1905(l)(1)). EXCHANGES.—Provide for simplified enroll- made under this section to a State con- ‘‘(vii) Federally-qualified health center ment processes (such as online enrollment ducting a Medicaid Flexibility Program un- services (as defined in section 1905(l)(2)). and reenrollment and electronic verification) less such program meets the requirements of ‘‘(viii) Family planning services and sup- and coordination with State health insur- this subsection. plies. ance exchanges. ‘‘(2) TERM OF PROGRAM.— ‘‘(ix) Nurse midwife services. ‘‘(C) BENEFICIARY PROTECTIONS.—Establish ‘‘(A) IN GENERAL.—A State Medicaid Flexi- ‘‘(x) Certified pediatric and family nurse a fair process (which the State shall describe bility Program approved under subsection practitioner services. in the application required under subsection (b)— ‘‘(xi) Freestanding birth center services (as (b)) for individuals to appeal adverse eligi- ‘‘(i) shall be conducted for not less than 1 defined in section 1905(l)(3)). bility determinations with respect to the program period; ‘‘(xii) Emergency medical transportation. program. ‘‘(ii) at the option of the State, may be ‘‘(xiii) Non-cosmetic dental services. ‘‘(6) APPLICATION OF REST OF TITLE XIX.— continued for succeeding program periods ‘‘(xiv) Pregnancy-related services, includ- ‘‘(A) IN GENERAL.—To the extent that a without resubmitting an application under ing postpartum services for the 12-week pe- provision of this section is inconsistent with subsection (b), provided that— riod beginning on the last day of a preg- another provision of this title, the provision ‘‘(I) the State provides notice to the Sec- nancy. of this section shall apply. retary of its decision to continue the pro- ‘‘(B) OPTIONAL BENEFITS.—A State may, at ‘‘(B) APPLICATION OF SECTION 1903A.—With gram; and its option, provide services in addition to the respect to a State that is conducting a Med- ‘‘(II) no significant changes are made to services described in subparagraph (A) as icaid Flexibility Program, section 1903A the program; and targeted health assistance under a Medicaid shall be applied as if program enrollees were ‘‘(iii) shall be subject to termination only Flexibility Program. not 1903A enrollees for each program period by the State, which may terminate the pro- ‘‘(C) BENEFIT PACKAGES.— during which the State conducts the pro- gram by making an election under subpara- ‘‘(i) IN GENERAL.—The targeted health as- gram. graph (B). sistance provided by a State to any group of ‘‘(C) WAIVERS AND STATE PLAN AMEND- ‘‘(B) ELECTION TO TERMINATE PROGRAM.— program enrollees under a Medicaid Flexi- MENTS.— ‘‘(i) IN GENERAL.—Subject to clause (ii), a bility Program shall have an aggregate actu- ‘‘(i) IN GENERAL.—In the case of a State State conducting a Medicaid Flexibility Pro- arial value that is equal to at least 95 per- conducting a Medicaid Flexibility Program gram may elect to terminate the program ef- cent of the aggregate actuarial value of the that has in effect a waiver or State plan fective with the first day after the end of the benchmark coverage described in subsection amendment, such waiver or amendment shall program period in which the State makes (b)(1) of section 1937 or benchmark-equiva- not apply with respect to the program, tar- the election. lent coverage described in subsection (b)(2) geted health assistance provided under the ‘‘(ii) TRANSITION PLAN REQUIREMENT.—A of such section, as such subsections were in program, or program enrollees. State may not elect to terminate a Medicaid effect prior to the enactment of the Patient ‘‘(ii) REPLICATION OF WAIVER OR AMEND- Flexibility Program unless the State has in Protection and Affordable Care Act. MENT.—In designing a Medicaid Flexibility place an appropriate transition plan ap- ‘‘(ii) AMOUNT, DURATION, AND SCOPE OF BEN- Program, a State may mirror provisions of a proved by the Secretary. EFITS.—Subject to clause (i), the State shall waiver or State plan amendment described ‘‘(iii) EFFECT OF TERMINATION.—If a State determine the amount, duration, and scope in clause (i) in the program to the extent elects to terminate a Medicaid Flexibility with respect to services provided as targeted that such provisions are otherwise con- Program, the per capita cap limitations health assistance under a Medicaid Flexi- sistent with the requirements of this section. under section 1903A shall apply effective bility Program, including with respect to ‘‘(iii) EFFECT OF TERMINATION.—In the case with the day described in clause (i), and such services that are required to be provided to of a State described in clause (i) that termi- limitations shall be applied as if the State certain program enrollees under subpara- nates its program under subsection (d)(2)(B), had never conducted a Medicaid Flexibility graph (A) except as otherwise provided under any waiver or amendment which was limited Program. such subparagraph. pursuant to subparagraph (A) shall cease to ‘‘(3) PROVISION OF TARGETED HEALTH ASSIST- ‘‘(iii) MENTAL HEALTH AND SUBSTANCE USE be so limited effective with the effective date ANCE.— DISORDER COVERAGE AND PARITY.—The tar- of such termination. ‘‘(A) IN GENERAL.—A State Medicaid Flexi- geted health assistance provided by a State ‘‘(D) NONAPPLICATION OF PROVISIONS.—With bility Program shall provide targeted health to program enrollees under a Medicaid Flexi- respect to the design and implementation of assistance to program enrollees and such as- bility Program shall include mental health Medicaid Flexibility Programs conducted sistance shall be instead of medical assist- services and substance use disorder services under this section, paragraphs (1), (10)(B), ance which would otherwise be provided to and the financial requirements and treat- (17), and (23) of section 1902(a), as well as any the enrollees under this title. ment limitations applicable to such services other provision of this title (except for this ‘‘(B) CONDITIONS FOR ELIGIBILITY.— under the program shall comply with the re- section and as otherwise provided by this ‘‘(i) IN GENERAL.—A State conducting a quirements of section 2726 of the Public section) that the Secretary deems appro- Medicaid Flexibility Program shall establish Health Service Act in the same manner as priate, shall not apply. conditions for eligibility of program enroll- such requirements apply to a group health ‘‘(e) DEFINITIONS.—For purposes of this sec- ees, which shall be instead of other condi- plan. tion: tions for eligibility under this title, except ‘‘(iv) PRESCRIPTION DRUGS.—If the targeted ‘‘(1) APPLICABLE PROGRAM ENROLLEE CAT- that the program must provide for eligibility health assistance provided by a State to pro- EGORY.—The term ‘applicable program en- for program enrollees to whom the State gram enrollees under a Medicaid Flexibility rollee category’ means, with respect to a would otherwise be required to make med- Program includes assistance for covered out- State Medicaid Flexibility Program for a ical assistance available under section patient drugs, such drugs shall be subject to program period, any of the following as spec- 1902(a)(10)(A)(i). a rebate agreement that complies with the ified by the State for the period in its appli- ‘‘(ii) MAGI.—Any determination of income requirements of section 1927, and any re- cation under subsection (b): necessary to establish the eligibility of a quirements applicable to medical assistance ‘‘(A) 2 ENROLLEE CATEGORIES.—Both of the program enrollee for purposes of a State for covered outpatient drugs under a State 1903A enrollee categories described in sub- Medicaid Flexibility Program shall be made plan (including the requirement that the paragraphs (D) and (E) of section 1903A(e)(2). using modified adjusted gross income in ac- State provide information to a manufac- ‘‘(B) EXPANSION ENROLLEES.—The 1903A en- cordance with section 1902(e)(14). turer) shall apply in the same manner to tar- rollee category described in subparagraph ‘‘(4) BENEFITS AND SERVICES.— geted health assistance for covered out- (D) of section 1903A(e)(2). ‘‘(A) REQUIRED SERVICES.—In the case of patient drugs under a Medicaid Flexibility ‘‘(C) NONELDERLY, NONDISABLED, NONEXPAN- program enrollees to whom the State would Program. SION ADULTS.—The 1903A enrollee category otherwise be required to make medical as- ‘‘(D) COST SHARING.—A State conducting a described in subparagraph (E) of section sistance available under section Medicaid Flexibility Program may impose 1903A(e)(2). 1902(a)(10)(A)(i), a State conducting a Med- premiums, deductibles, cost-sharing, or ‘‘(2) MEDICAID FLEXIBILITY PROGRAM.—The icaid Flexibility Program shall provide as other similar charges, except that the total term ‘Medicaid Flexibility Program’ means a

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4213 State program for providing targeted health fined by the Secretary) for such fiscal year; the provisions of a waiver or an experi- assistance to program enrollees funded by a and mental, pilot, or demonstration project that block grant under this section. ‘‘(B) the total of the allotments under this relate to the authority of a State to imple- ‘‘(3) PROGRAM ENROLLEE.— paragraph for all States for the period of the ment a managed care delivery system under ‘‘(A) IN GENERAL.—The term ‘program en- fiscal years described in paragraph (1) is the State plan under title XIX of such Act rollee’ means, with respect to a State that is equal to $8,000,000,000. (or under a waiver of such plan under section conducting a Medicaid Flexibility Program ‘‘(3) QUALITY MEASURES REQUIRED FOR 1115 of such Act) that— for a program period, an individual who is a BONUS PAYMENTS.—For purposes of this sub- (A) is approved by the Secretary of Health 1903A enrollee (as defined in section section, the Secretary shall, pursuant to and Human Services under section 1915(b), 1903A(e)(1)) who is in the applicable program rulemaking and after consultation with 1932, or 1115(a)(1) of the Social Security Act enrollee category specified by the State for State agencies administering State plans (42 U.S.C. 1396n(b), 1396u–2, 1315(a)(1)) as of the period. under this title, identify and publish (and up- January 1, 2017; and ‘‘(B) RULE OF CONSTRUCTION.—For purposes date as necessary) peer-reviewed quality (B) has been renewed by the Secretary not of section 1903A(e)(3), eligibility and enroll- measures (which shall include health care less than 1 time. ment of an individual under a Medicaid and long-term care outcome measures and (b) HCBS WAIVERS.—The Secretary of Flexibility Program shall be deemed to be may include the quality measures that are Health and Human Services shall implement eligibility and enrollment under a State plan overseen or developed by the National Com- procedures encouraging States to adopt or (or waiver of such plan) under this title. mittee for Quality Assurance or the Agency extend waivers related to the authority of a ‘‘(4) PROGRAM PERIOD.—The term ‘program for Healthcare Research and Quality or that State to make medical assistance available period’ means, with respect to a State Med- are identified under section 1139A or 1139B) for home and community-based services icaid Flexibility Program, a period of 5 con- that are quantifiable, objective measures under the State plan under title XIX of the secutive fiscal years that begins with ei- that take into account the clinically appro- Social Security Act if the State determines ther— priate measures of quality for different types that such waivers would improve patient ac- ‘‘(A) the first fiscal year in which the State of patient populations receiving benefits or cess to services. services under this title or title XXI. conducts the program; or SEC. 136. COORDINATION WITH STATES. ‘‘(4) LOWER THAN EXPECTED AGGREGATE ‘‘(B) the next fiscal year in which the State Title XIX of the Social Security Act is conducts such a program that begins after MEDICAL ASSISTANCE EXPENDITURES.—In this subsection, the term ‘lower than expected amended by inserting after section 1904 (42 the end of a previous program period. U.S.C. 1396d) the following: ‘‘(5) STATE.—The term ‘State’ means one of aggregate medical assistance expenditures’ the 50 States or the District of Columbia. means, with respect to a State the amount ‘‘COORDINATION WITH STATES (if any) by which— ‘‘(6) TARGETED HEALTH ASSISTANCE.—The ‘‘SEC. 1904A. No proposed rule (as defined in term ‘targeted health assistance’ means as- ‘‘(A) the amount of the adjusted total med- section 551(4) of title 5, United States Code) sistance for health-care-related items and ical assistance expenditures for the State implementing or interpreting any provision medical services for program enrollees.’’. and fiscal year determined in section of this title shall be finalized on or after Jan- 1903A(b)(1) without regard to the 1903A en- SEC. 134. MEDICAID AND CHIP QUALITY PER- uary 1, 2018, unless the Secretary— rollee category described in section ‘‘(1) provides for a process under which the FORMANCE BONUS PAYMENTS. 1903A(e)(2)(E); is less than Secretary or the Secretary’s designee solic- Section 1903 of the Social Security Act (42 ‘‘(B) the amount of the target total med- its advice from each State’s State agency re- U.S.C. 1396b), as amended by section 130, is ical assistance expenditures for the State sponsible for administering the State plan further amended by adding at the end the and fiscal year determined in section under this title (or a waiver of such plan) following new subsection: 1903A(c) without regard to the 1903A enrollee and State Medicaid Director— ‘‘(bb) QUALITY PERFORMANCE BONUS PAY- category described in section ‘‘(A) on a regular, ongoing basis on matters MENTS.— 1903A(e)(2)(E).’’. ‘‘(1) INCREASED FEDERAL SHARE.—With re- relating to the application of this title that SEC. 135. GRANDFATHERING CERTAIN MEDICAID are likely to have a direct effect on the oper- spect to each of fiscal years 2023 through WAIVERS; PRIORITIZATION OF HCBS 2026, in the case of one of the 50 States or the WAIVERS. ation or financing of State plans under this District of Columbia (each referred to in this (a) MANAGED CARE WAIVERS.— title (or waivers of such plans); and subsection as a ‘State’) that— (1) IN GENERAL.—In the case of a State with ‘‘(B) prior to submission of any final pro- ‘‘(A) equals or exceeds the qualifying a grandfathered managed care waiver, the posed rule, plan amendment, waiver request, amount (as established by the Secretary) of State may, at its option through a State or proposal for a project that is likely to lower than expected aggregate medical as- plan amendment, continue to implement the have a direct effect on the operation or fi- sistance expenditures (as defined in para- managed care delivery system that is the nancing of State plans under this title (or graph (4)) for that fiscal year; and subject of such waiver in perpetuity under waivers of such plans); ‘‘(B) submits to the Secretary, in accord- the State plan under title XIX of the Social ‘‘(2) accepts and considers written and oral ance with such manner and format as speci- Security Act (or a waiver of such plan) with- comments from a bipartisan, nonprofit, pro- fied by the Secretary and for the perform- out submitting an application to the Sec- fessional organization that represents State ance period (as defined by the Secretary) for retary for a new waiver to implement such Medicaid Directors, and from any State such fiscal year— managed care delivery system, so long as the agency administering the plan under this ‘‘(i) information on the applicable quality terms and conditions of the waiver involved title, regarding such proposed rule; and measures identified under paragraph (3) with (other than such terms and conditions that ‘‘(3) incorporates in the preamble to the respect to each category of Medicaid eligible relate to budget neutrality as modified pur- proposed rule a summary of comments re- individuals under the State plan or a waiver suant to section 1903A(f)(1) of the Social Se- ferred to in paragraph (2) and the Secretary’s of such plan; and curity Act) are not modified. response to such comments.’’. ‘‘(ii) a plan for spending a portion of addi- (2) MODIFICATIONS.— SEC. 137. OPTIONAL ASSISTANCE FOR CERTAIN tional funds resulting from application of (A) IN GENERAL.—If a State with a grand- INPATIENT PSYCHIATRIC SERVICES. this subsection on quality improvement fathered managed care waiver seeks to mod- (a) STATE OPTION.—Section 1905 of the So- within the State plan under this title or ify the terms or conditions of such a waiver, cial Security Act (42 U.S.C. 1396d) is amend- under a waiver of such plan, the State shall submit to the Secretary an ed— the Federal matching percentage otherwise application for approval of a new waiver (1) in subsection (a)— applied under subsection (a)(7) for such fiscal under such modified terms and conditions. (A) in paragraph (16)— year shall be increased by such percentage (B) APPROVAL OF MODIFICATION.— (i) by striking ‘‘and, (B)’’ and inserting (as determined by the Secretary) so that the (i) IN GENERAL.—An application described ‘‘(B)’’; and aggregate amount of the resulting increase in subparagraph (A) is deemed approved un- (ii) by inserting before the semicolon at pursuant to this subsection for the State and less the Secretary, not later than 90 days the end the following: ‘‘, and (C) subject to fiscal year does not exceed the State allot- after the date on which the application is subsection (h)(4), qualified inpatient psy- ment established under paragraph (2) for the submitted, submits to the State— chiatric hospital services (as defined in sub- State and fiscal year. (I) a denial; or section (h)(3)) for individuals who are over 21 ‘‘(2) ALLOTMENT DETERMINATION.—The Sec- (II) a request for more information regard- years of age and under 65 years of age’’; and retary shall establish a formula for com- ing the application. (B) in the subdivision (B) that follows para- puting State allotments under this para- (ii) ADDITIONAL INFORMATION.—If the Sec- graph (29), by inserting ‘‘(other than services graph for each fiscal year described in para- retary requests additional information, the described in subparagraph (C) of paragraph graph (1) such that— Secretary has 30 days after a State submis- (16) for individuals described in such sub- ‘‘(A) such an allotment to a State is deter- sion in response to the Secretary’s request to paragraph)’’ after ‘‘patient in an institution mined based on the performance, including deny the application or request more infor- for mental diseases’’; and improvement, of such State under this title mation. (2) in subsection (h), by adding at the end and title XXI with respect to the quality (3) GRANDFATHERED MANAGED CARE WAIVER the following new paragraphs: measures submitted under paragraph (3) by DEFINED.—In this subsection, the term ‘‘(3) For purposes of subsection (a)(16)(C), such State for the performance period (as de- ‘‘grandfathered managed care waiver’’ means the term ‘qualified inpatient psychiatric

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 S4214 CONGRESSIONAL RECORD — SENATE July 25, 2017 hospital services’ means, with respect to in- term ‘eligible low-income individual’ means cable to the total amount expended for such dividuals described in such subsection, serv- an individual— assistance shall be equal to the Federal aver- ices described in subparagraph (B) of para- ‘‘(1) whose income (as determined under age medical assistance matching percentage graph (1) that are not otherwise covered section 1902(e)(14)) does not exceed 133 per- (as defined in section 1903A(a)(4)) for such under subsection (a)(16)(A) and are fur- cent of the poverty line (as defined in section State and year; and nished— 2110(c)(5)) applicable to a family of the size ‘‘(B) in no case shall the amount of Federal ‘‘(A) in an institution (or distinct part involved; payments made to a State for a year with re- thereof) which is a psychiatric hospital (as ‘‘(2) who is eligible for premium assistance spect to amounts expended for such assist- defined in section 1861(f)); and for the purchase of a qualified health plan ance exceed the amount of the Federal cost- ‘‘(B) with respect to such an individual, for under section 36B of the Internal Revenue sharing assistance limit for the State and a period not to exceed 30 consecutive days in Code of 1986 and is enrolled in such a plan; year applicable under subsection (d)(3). any month and not to exceed 90 days in any ‘‘(3) who would be described in subpara- ‘‘(2) SCALING OF ASSISTANCE.—A State may calendar year. graph (D) or (E) of section 1903A(e)(2) if the provide cost-sharing assistance under this ‘‘(4) As a condition for a State including individual were eligible for medical assist- section on a sliding scale based on income qualified inpatient psychiatric hospital serv- ance under the State plan; and and percentage of full actuarial value that ices as medical assistance under subsection ‘‘(4) who satisfies such additional criteria the State may determine. (a)(16)(C), the State must (during the period for the provision of cost-sharing assistance ‘‘(3) NOT CONSIDERED MINIMUM ESSENTIAL in which it furnishes medical assistance under this section as the State may estab- COVERAGE.—Cost-sharing assistance provided under this title for services and individuals lish. under this section shall not be considered to described in such subsection)— ‘‘(c) COST-SHARING ASSISTANCE DEFINED.— be minimum essential coverage (as defined ‘‘(A) maintain at least the number of li- ‘‘(1) IN GENERAL.—For purposes of this sec- in section 5000A(f) of the Internal Revenue censed beds at psychiatric hospitals owned, tion, the term ‘cost-sharing assistance’ in- Code of 1986). cludes amounts expended for all or part of operated, or contracted for by the State that ‘‘(4) NONAPPLICATION OF OTHER REQUIRE- the costs of premiums, deductibles, coinsur- were being maintained as of the date of the MENTS.—Sections 1902(a)(1) (relating to enactment of this paragraph or, if higher, as ance, copayments, or similar charges, and all statewideness), 1902(a)(10)(B) (relating to of the date the State applies to the Sec- or part of any amounts paid for medical care comparability), 1916, and 1916A (relating to retary to include medical assistance under (within the meaning of section 213(d) of the cost-sharing for medical assistance), and any such subsection; and Internal Revenue Code of 1986). other provision of this title which would be ‘‘(2) OPTION OF ADDITIONAL BENEFITS.—Such ‘‘(B) maintain on an annual basis a level of directly contrary to the authority under this term may include, at the option of a State, funding expended by the State (and political section shall not apply to the provision of such additional benefits as the State may subdivisions thereof) other than under this cost-sharing assistance under this section.’’. title from non-Federal funds for inpatient specify. SEC. 140. SMALL BUSINESS HEALTH PLANS. services in an institution described in para- ‘‘(d) COST-EFFECTIVE DEFINED.— graph (3)(A), and for active psychiatric care ‘‘(1) IN GENERAL.—For purposes of this sec- (a) TAX TREATMENT OF SMALL BUSINESS and treatment provided on an outpatient tion, with respect to a State and year, cost- HEALTH PLANS.—A small business health basis, that is not less than the level of such sharing assistance shall be considered to be plan (as defined in section 801(a) of the Em- funding for such services and care as of the ‘cost-effective’ with respect to a State if the ployee Retirement Income Security Act of date of the enactment of this paragraph or, aggregate amount of Federal cost-sharing 1974) shall be treated— if higher, as of the date the State applies to and premium assistance (as defined in para- (1) as a group health plan (as defined in the Secretary to include medical assistance graph (2)) for the State and year do not ex- section 2791 of the Public Health Service Act under such subsection.’’. ceed the Federal cost-sharing assistance (42 U.S.C. 300gg–91)) for purposes of applying (b) SPECIAL MATCHING RATE.—Section limit (as defined in paragraph (3)) for the title XXVII of the Public Health Service Act 1905(b) of the Social Security Act (42 U.S.C. State and year. (42 U.S.C. 300gg et seq.) and title XXII of 1395d(b)) is amended by adding at the end the ‘‘(2) AGGREGATE AMOUNT OF FEDERAL COST- such Act (42 U.S.C. 300bb-1); following: ‘‘Notwithstanding the previous SHARING AND PREMIUM ASSISTANCE.—The term (2) as a group health plan (as defined in provisions of this subsection, the Federal ‘aggregate amount of Federal cost-sharing section 5000(b)(1) of the Internal Revenue medical assistance percentage shall be 50 and premium assistance’ means, for a State Code of 1986) for purposes of applying sec- percent with respect to medical assistance and year, the sum of— tions 4980B and 5000 and chapter 100 of the In- for services and individuals described in sub- ‘‘(A) the product of— ternal Revenue Code of 1986; and section (a)(16)(C).’’. ‘‘(i) the Federal average medical assistance (3) as a group health plan (as defined in (c) EFFECTIVE DATE.—The amendments matching percentage (as defined in section section 733(a)(1) of the Employee Retirement made by this section shall apply to qualified 1903A(a)(4)) for the State and year; and Income Security Act of 1974 (29 U.S.C. inpatient psychiatric hospital services fur- ‘‘(ii) the amount of cost-sharing assistance 1191b(a)(1))) for purposes of applying parts 6 nished on or after October 1, 2018. provided to eligible low-income individuals and 7 of title I of the Employee Retirement SEC. 138. ENHANCED FMAP FOR MEDICAL AS- by the State for the year; and Income Security Act of 1974 (29 U.S.C. 1161 et SISTANCE TO ELIGIBLE INDIANS. ‘‘(B) the amount of Federal expenditures seq.). Section 1905(b) of the Social Security Act attributable to advance payments for pre- (b) RULES.—Subtitle B of title I of the Em- (42 U.S.C. 1396d(b)) is amended, in the third mium tax credits under section 1412(c)(2) of ployee Retirement Income Security Act of sentence, by inserting ‘‘and with respect to the Patient Protection and Affordable Care 1974 (29 U.S.C. 1021 et seq.) is amended by amounts expended by a State as medical as- Act made on behalf of eligible low-income in- adding at the end the following new part: sistance for services provided by any other dividuals in the State for the year. ‘‘PART 8—RULES GOVERNING SMALL provider under the State plan to an indi- ‘‘(3) FEDERAL COST-SHARING ASSISTANCE BUSINESS RISK SHARING POOLS vidual who is a member of an Indian tribe LIMIT.—The term ‘Federal cost-sharing as- who is eligible for assistance under the State sistance limit’ means, for a State and year, ‘‘SEC. 801. SMALL BUSINESS HEALTH PLANS. plan’’ before the period. the product of— ‘‘(a) IN GENERAL.—For purposes of this SEC. 139. MEDICAID OPTION TO PROVIDE CON- ‘‘(A) the Federal average medical assist- part, the term ‘small business health plan’ SUMER-FOCUSED COST-SHARING AS- ance matching percentage (as defined in sec- means a fully insured group health plan, of- SISTANCE FOR LOW-INCOME INDI- tion 1903A(a)(4)) for the State and year; and fered by a health insurance issuer in the VIDUALS ENROLLING IN QUALIFIED ‘‘(B) the sum of the products, for each of large group market, whose sponsor is de- HEALTH PLANS. the 1903A enrollee categories described in scribed in subsection (b). Title XIX of the Social Security Act (42 subparagraph (D) and (E) of section ‘‘(b) SPONSOR.—The sponsor of a group U.S.C. 1396 et seq.), is amended by inserting 1903A(e)(2), of— health plan is described in this subsection if after section 1906A the following new sec- ‘‘(i) the target per capita medical assist- such sponsor— tion: ance expenditures for the State, year, and ‘‘(1) is a qualified sponsor and receives cer- ‘‘CONSUMER-FOCUSED COST-SHARING ASSIST- category; and tification by the Secretary; ANCE FOR LOW-INCOME INDIVIDUALS ENROLL- ‘‘(ii) the number of eligible low-income in- ‘‘(2) is organized and maintained in good ING IN QUALIFIED HEALTH PLANS dividuals in the State for the year who, if faith, with a constitution or bylaws specifi- ‘‘SEC. 1906B. (a) IN GENERAL.—A State may they were eligible for medical assistance, cally stating its purpose and providing for elect to provide cost-sharing assistance (as would be described in the category. periodic meetings on at least an annual defined in subsection (c)) for an eligible low- ‘‘(e) OTHER PROVISIONS.— basis; income individual (as defined in subsection ‘‘(1) TREATMENT AS MEDICAL ASSISTANCE.— ‘‘(3) is established as a permanent entity; (b)) who is enrolled in a qualified health plan Expenditures for cost-sharing assistance pro- ‘‘(4) is established for a purpose other than offered on an Exchange if the State meets vided by a State for a year in accordance providing health benefits to its members, the requirements of this section and the of- with this section shall be considered, for pur- such as an organization established as a bona fering of such assistance is cost-effective (as poses of section 1903, to be expenditures for fide trade association, franchise, or section defined in subsection (d)). medical assistance, except that— 7705 organization; and ‘‘(b) ELIGIBLE LOW-INCOME INDIVIDUAL DE- ‘‘(A) notwithstanding section 1905(b), the ‘‘(5) does not condition membership on the FINED.—For purposes of this section, the Federal medical assistance percentage appli- basis of a minimum group size.

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4215 ‘‘SEC. 802. FILING FEE AND CERTIFICATION OF health plan sponsor was willfully or with ployer, co-employer, or joint employer of the SMALL BUSINESS HEALTH PLANS. gross negligence incomplete or inaccurate. employees of another participating ‘‘(a) FILING FEE.—A small business health ‘‘SEC. 803. PARTICIPATION AND COVERAGE RE- franchisor or franchisee employer for any plan shall pay to the Secretary at the time QUIREMENTS. purpose. of filing an application for certification ‘‘(a) COVERED EMPLOYERS AND INDIVID- ‘‘(4) HEALTH PLAN TERMS.—The terms under subsection (b) a filing fee in the UALS.—The requirements of this subsection ‘group health plan’, ‘health insurance cov- amount of $5,000, which shall be available to are met with respect to a small business erage’, and ‘health insurance issuer’ have the the Secretary for the sole purpose of admin- health plan if, under the terms of the plan— meanings given such terms in section 733. istering the certification procedures applica- ‘‘(1) each participating employer must be— ‘‘(5) INDIVIDUAL MARKET.— ble with respect to small business health ‘‘(A) a member of the sponsor; ‘‘(A) IN GENERAL.—The term ‘individual plans. ‘‘(B) the sponsor; or market’ means the market for health insur- ‘‘(b) CERTIFICATION.— ‘‘(C) an affiliated member of the sponsor, ance coverage offered to individuals other ‘‘(1) IN GENERAL.—Not later than 6 months except that, in the case of a sponsor which is than in connection with a group health plan. after the date of enactment of this part, the a professional association or other indi- ‘‘(B) TREATMENT OF VERY SMALL GROUPS.— Secretary shall prescribe by interim final vidual-based association, if at least one of ‘‘(i) IN GENERAL.—Subject to clause (ii), rule a procedure under which the Secretary— the officers, directors, or employees of an such term includes coverage offered in con- ‘‘(A) will certify a qualified sponsor of a employer, or at least one of the individuals nection with a group health plan that has small business health plan, upon receipt of who are partners in an employer and who ac- fewer than 2 participants as current employ- an application that includes the information tively participates in the business, is a mem- ees or participants described in section described in paragraph (2); ber or such an affiliated member of the spon- 732(d)(3) on the first day of the plan year. ‘‘(B) may provide for continued certifi- sor, participating employers may also in- ‘‘(ii) STATE EXCEPTION.—Clause (i) shall not cation of small business health plans under clude such employer; and apply in the case of health insurance cov- this part; ‘‘(2) all individuals commencing coverage erage offered in a State if such State regu- ‘‘(C) shall provide for the revocation of a under the plan after certification under this lates the coverage described in such clause in certification if the applicable authority finds part must be— the same manner and to the same extent as that the small business health plan involved ‘‘(A) active or retired owners (including coverage in the small group market (as de- fails to comply with the requirements of this self-employed individuals with or without fined in section 2791(e)(5) of the Public part; employees), officers, directors, or employees Health Service Act) is regulated by such ‘‘(D) shall conduct oversight of certified of, or partners in, participating employers; State. plan sponsors, including periodic review, and or ‘‘(6) PARTICIPATING EMPLOYER.—The term consistent with section 504, applying the re- ‘‘(B) the dependents of individuals de- ‘participating employer’ means, in connec- quirements of sections 518, 519, and 520; and scribed in subparagraph (A). tion with a small business health plan, any ‘‘(E) will consult with a State with respect ‘‘(b) PARTICIPATING EMPLOYERS.—In apply- employer, if any individual who is an em- to a small business health plan domiciled in ing requirements relating to coverage re- ployee of such employer, a partner in such such State regarding the Secretary’s author- newal, a participating employer shall not be employer, or a self-employed individual who ity under this part and other enforcement deemed to be a plan sponsor. is such employer with or without employees authority under sections 502 and 504. ‘‘(c) PROHIBITION OF DISCRIMINATION (or any dependent, as defined under the ‘‘(2) INFORMATION TO BE INCLUDED IN APPLI- AGAINST EMPLOYERS AND EMPLOYEES ELIGI- terms of the plan, of such individual) is or CATION FOR CERTIFICATION.—An application BLE TO PARTICIPATE.—The requirements of was covered under such plan in connection for certification under this part meets the this subsection are met with respect to a with the status of such individual as such an requirements of this section only if it in- small business health plan if— employee, partner, or self-employed indi- cludes, in a manner and form which shall be ‘‘(1) under the terms of the plan, no par- vidual in relation to the plan. prescribed by the applicable authority by ticipating employer may provide health in- ‘‘(7) SECTION 7705 ORGANIZATION.—The term regulation, at least the following informa- surance coverage in the individual market ‘section 7705 organization’ means an organi- tion: for any employee not covered under the plan, zation providing services for a customer pur- ‘‘(A) Identifying information. if such exclusion of the employee from cov- suant to a contract meeting the conditions ‘‘(B) States in which the plan intends to do erage under the plan is based on a health sta- of subparagraphs (A), (B), (C), (D), and (E) business. tus-related factor with respect to the em- (but not (F)) of section 7705(e)(2) of the Inter- ‘‘(C) Bonding requirements. ployee and such employee would, but for nal Revenue Code of 1986, including an entity ‘‘(D) Plan documents. such exclusion on such basis, be eligible for that is part of a section 7705 organization ‘‘(E) Agreements with service providers. coverage under the plan; and control group . For purposes of this part, any ‘‘(3) REQUIREMENTS FOR CERTIFIED PLAN ‘‘(2) information regarding all coverage op- reference to ‘member’ shall include a cus- SPONSORS.—Not later than 6 months after the tions available under the plan is made read- tomer of a section 7705 organization except date of enactment of this part, the Secretary ily available to any employer eligible to par- with respect to references to a ‘member’ or shall prescribe by interim final rule require- ticipate. ‘members’ in paragraph (1).’’. ments for certified plan sponsors that in- clude requirements regarding— ‘‘SEC. 804. DEFINITIONS; RENEWAL. (c) PREEMPTION RULES.—Section 514 of the ‘‘(A) structure and requirements for boards ‘‘For purposes of this part: Employee Retirement Income Security Act of trustees or plan administrators; ‘‘(1) AFFILIATED MEMBER.—The term ‘affili- of 1974 (29 U.S.C. 1144) is amended by adding ated member’ means, in connection with a ‘‘(B) notification of material changes; and at the end the following: ‘‘(C) notification for voluntary termi- sponsor— ‘‘(f) The provisions of this title shall super- nation. ‘‘(A) a person who is otherwise eligible to ‘‘(c) FILING NOTICE OF CERTIFICATION WITH be a member of the sponsor but who elects sede any and all State laws insofar as they STATES.—A certification granted under this an affiliated status with the sponsor, or may now or hereafter preclude a health in- part to a small business health plan shall not ‘‘(B) in the case of a sponsor with members surance issuer from offering health insur- be effective unless written notice of such which consist of associations, a person who ance coverage in connection with a small certification is filed by the plan sponsor with is a member or employee of any such asso- business health plan which is certified under ciation and elects an affiliated status with the applicable State authority of each State part 8.’’. in which the small business health plan oper- the sponsor. ates. ‘‘(2) APPLICABLE STATE AUTHORITY.—The (d) PLAN SPONSOR.—Section 3(16)(B) of such ‘‘(d) EXPEDITED AND DEEMED CERTIFI- term ‘applicable State authority’ means, Act (29 U.S.C. 102(16)(B)) is amended by add- CATION.— with respect to a health insurance issuer in ing at the end the following new sentence: ‘‘(1) IN GENERAL.—If the Secretary fails to a State, the State insurance commissioner ‘‘Such term also includes a person serving as act on a complete application for certifi- or official or officials designated by the the sponsor of a small business health plan cation under this section within 90 days of State to enforce the requirements of title under part 8.’’. receipt of such complete application, the ap- XXVII of the Public Health Service Act for plying small business health plan sponsor the State involved with respect to such (e) SAVINGS CLAUSE.—Section 731(c) of such shall be deemed certified until such time as issuer. Act is amended by inserting ‘‘or part 8’’ after the Secretary may deny for cause the appli- ‘‘(3) FRANCHISOR; FRANCHISEE.—The terms ‘‘this part’’. cation for certification. ‘franchisor’ and ‘franchisee’ have the mean- (f) EFFECTIVE DATE.—The amendments ‘‘(2) PENALTY.—The Secretary may assess a ings given such terms for purposes of sec- made by this section shall take effect 1 year penalty against the board of trustees, plan tions 436.2(a) through 436.2(c) of title 16, Code after the date of the enactment of this Act. administrator, and plan sponsor (jointly and of Federal Regulations (including any such severally) of a small business health plan amendments to such regulation after the The Secretary of Labor shall first issue all sponsor that is deemed certified under para- date of enactment of this part) and, for pur- regulations necessary to carry out the graph (1) of up to $500,000 in the event the poses of this part, franchisor or franchisee amendments made by this section within 6 Secretary determines that the application employers participating in such a group months after the date of the enactment of for certification of such small business health plan shall not be treated as the em- this Act.

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 S4216 CONGRESSIONAL RECORD — SENATE July 25, 2017 TITLE II ices Act (42 U.S.C. 300gg–1(b)(2)) is amended ‘‘(ii) includes membership in a health care SEC. 201. THE PREVENTION AND PUBLIC HEALTH by striking ‘‘paragraph (3)’’ and inserting sharing ministry (as defined in section FUND. ‘‘paragraph (4)’’. 5000A(d)(2)(B) of the Internal Revenue Code Subsection (b) of section 4002 of the Pa- (c) APPLICATION OF WAITING PERIODS.—Sec- of 1986). tient Protection and Affordable Care Act (42 tion 2702(b) of the Public Health Services Act ‘‘(F) EXCEPTIONS.—Notwithstanding sub- U.S.C. 300u–11) is amended— (42 U.S.C. 300gg-1(b)) is amended— paragraph (A), a health insurance issuer may (1) in paragraph (3), by striking ‘‘each of (1) in paragraph (3)— not impose a waiting period with respect to fiscal years 2018 and 2019’’ and inserting ‘‘fis- (A) by striking ‘‘with respect to enroll- the following individuals: cal year 2018’’; and ment periods under paragraphs (1) and (2)’’, ‘‘(i) A newborn who is enrolled in such cov- (2) by striking paragraphs (4) through (8). inserting ‘‘in accordance with this sub- erage within 30 days of the date of birth. SEC. 202. SUPPORT FOR STATE RESPONSE TO section’’; and ‘‘(ii) A child who is adopted or placed for OPIOID AND SUBSTANCE ABUSE CRI- (B) by redesignating such paragraph as adoption before attaining 18 years of age and SIS. paragraph (4); and who is enrolled in such coverage within 30 There is authorized to be appropriated, and (2) by inserting after paragraph (2), the fol- days of the date of the adoption. is appropriated, to the Secretary of Health lowing: ‘‘(iii) Other individuals, as the Secretary and Human Services, out of monies in the ‘‘(3) WAITING PERIODS.— determines appropriate.’’. Treasury not otherwise obligated— ‘‘(A) IN GENERAL.—With respect to health SEC. 207. WAIVERS FOR STATE INNOVATION. (1) $4,972,000,000 for each of fiscal years 2018 insurance coverage that is effective on or (a) IN GENERAL.—Section 1332 of the Pa- through 2026, to provide grants to States to after January 1, 2019, a health insurance tient Protection and Affordable Care Act (42 support substance use disorder treatment issuer described in subsection (a) that offers U.S.C. 18052) is amended— and recovery support services for individuals such coverage in the individual market shall (1) in subsection (a)— who have or may have mental or substance impose a 6 month waiting period (as defined (A) in paragraph (1)— use disorders, including counseling, medica- in the same manner as such term is defined (i) in subparagraph (B)— tion assisted treatment, and other substance in section 2704(b)(4) for group health plans) (I) by amending clause (i) to read as fol- abuse treatment and recovery services as on any individual who enrolls in such cov- lows: such Secretary determines appropriate; and erage and who cannot demonstrate— ‘‘(i) a description of how the State plan (2) $50,400,000 for each of fiscal years 2018 ‘‘(i) in the case of an individual submitting meeting the requirements of a waiver under through 2022, for research on addiction and an application during an open enrollment pe- this section would, with respect to health in- pain related to the substance abuse crisis. riod, 12 months of continuous creditable cov- surance coverage within the State— Funds appropriated under this section shall erage without experiencing a significant ‘‘(I) take the place of the requirements de- remain available until expended. break in such coverage as described in sub- scribed in paragraph (2) that are waived; and SEC. 203. COMMUNITY HEALTH CENTER PRO- paragraphs (A) and (B) of section 2704(c)(2); ‘‘(II) provide for alternative means of, and GRAM. or requirements for, increasing access to com- Effective as if included in the enactment of ‘‘(ii) in the case of an individual submit- prehensive coverage, reducing average pre- the Medicare Access and CHIP Reauthoriza- ting an application during a special enroll- miums, providing consumers the freedom to tion Act of 2015 (Public Law 114–10, 129 Stat. ment period— purchase the health insurance of their 87), paragraph (1) of section 221(a) of such ‘‘(I) 12 months of continuous creditable choice, and increasing enrollment in private Act is amended by inserting ‘‘, and an addi- coverage as described in clause (i); or health insurance; and’’; and tional $422,000,000 for fiscal year 2017’’ after ‘‘(II) at least 1 day of creditable coverage (II) in clause (ii), by striking ‘‘that is budg- ‘‘2017’’. during the 60-day period immediately pre- et neutral for the Federal Government’’ and SEC. 204. CHANGE IN PERMISSIBLE AGE VARI- ceding the date of submission of such appli- inserting ‘‘, demonstrating that the State ATION IN HEALTH INSURANCE PRE- cation. plan does not increase the Federal deficit’’; MIUM RATES. ‘‘(B) INDIVIDUALS ENROLLED IN OTHER COV- and Section 2701(a)(1)(A)(iii) of the Public ERAGE.—Such a waiting period shall not (ii) in subparagraph (C), by striking ‘‘the Health Service Act (42 U.S.C. apply to an individual who is enrolled in law’’ and inserting ‘‘a law or has in effect a 300gg(a)(1)(A)(iii)) is amended by inserting health insurance coverage in the individual certification’’; after ‘‘(consistent with section 2707(c))’’ the market on the day before the effective date (B) in paragraph (3)— following: ‘‘or, for plan years beginning on or of the coverage in which the individual is (i) in the first sentence, by inserting ‘‘or after January 1, 2019, 5 to 1 for adults (con- newly enrolling. would qualify for a reduction in’’ after sistent with section 2707(c)) or such other ‘‘(C) WAITING PERIOD DESCRIBED.—For pur- ‘‘would not qualify for’’; ratio for adults (consistent with section poses of subparagraph (A)— (ii) by adding after the second sentence the 2707(c)) as the State may determine’’. ‘‘(i) in the case of an individual that sub- following: ‘‘A State may request that all of, SEC. 205. MEDICAL LOSS RATIO DETERMINED BY mits an application during an open enroll- or any portion of, such aggregate amount of THE STATE. ment period or under a special enrollment such credits or reductions be paid to the Section 2718(b) of the Public Health Serv- period for which the individual qualifies, State as described in the first sentence.’’; ice Act (42 U.S.C. 300gg–18(b)) is amended by coverage under the plan begins on the first (iii) in the paragraph heading, by striking adding at the end the following: day of the first month that begins 6 months ‘‘PASS THROUGH OF FUNDING’’ and inserting ‘‘(4) SUNSET.—Paragraphs (1) through (3) after the date on which the individual sub- ‘‘FUNDING’’; and subsection (d) shall not apply for plan mits an application for health insurance cov- (iv) by striking ‘‘With respect’’ and insert- years beginning on or after January 1, 2019, erage; and ing the following: and after such date any reference in law to ‘‘(ii) in the case of an individual that sub- ‘‘(A) PASS THROUGH OF FUNDING.—With re- such paragraphs and subsection shall have mits an application outside of an open en- spect’’; and no force or effect. rollment period and does not qualify for en- (v) by adding at the end the following: ‘‘(5) MEDICAL LOSS RATIO DETERMINED BY rollment under a special enrollment period, ‘‘(B) ADDITIONAL FUNDING.—There is au- THE STATE.—For plan years beginning on or coverage under the plan begins on the later thorized to be appropriated, and is appro- after January 1, 2019, each State shall— of— priated, to the Secretary of Health and ‘‘(A) set the ratio of the amount of pre- ‘‘(I) the first day of the first month that Human Services, out of monies in the Treas- mium revenue a health insurance issuer of- begins 6 months after the day on which the ury not otherwise obligated, $2,000,000,000 for fering group or individual health insurance individual submits an application for health fiscal year 2017, to remain available until the coverage may expend on non-claims costs to insurance coverage; or end of fiscal year 2019, to provide grants to the total amount of premium revenue; and ‘‘(II) the first day of the next plan year. States for purposes of submitting an applica- ‘‘(B) determine the amount of any annual ‘‘(D) CERTIFICATES OF CREDITABLE COV- tion for a waiver granted under this section rebate required to be paid to enrollees under ERAGE.—The Secretary shall require health and implementing the State plan under such such coverage if the ratio of the amount of insurance issuers and health care sharing waiver. premium revenue expended by the issuer on ministries (as defined in section ‘‘(C) AUTHORITY TO USE LONG-TERM STATE non-claims costs to the total amount of pre- 5000A(d)(2)(B) of the Internal Revenue Code INNOVATION AND STABILITY ALLOTMENT.—If mium revenue exceeds the ratio set by the of 1986) to provide certification of periods of the State has an application for an allot- State under subparagraph (A).’’. creditable coverage and waiting periods, in a ment under section 2105(i) of the Social Se- SEC. 206. STABILIZING THE INDIVIDUAL INSUR- manner prescribed by the Secretary, for pur- curity Act for the plan year, the State may ANCE MARKETS. poses of verifying that the continuous cov- use the funds available under the State’s al- (a) ENROLLMENT WAITING PERIODS.—Sec- erage requirements of subparagraph (A) are lotment for the plan year to carry out the tion 2702(b)(1) of the Public Health Services met. State plan under this section, so long as such Act (42 U.S.C. 300gg–1(b)(1)) is amended by in- ‘‘(E) CONTINUOUS CREDITABLE COVERAGE DE- use is consistent with the requirements of serting ‘‘, and as described in paragraph (3)’’ FINED.—For purposes of this paragraph, the paragraphs (1) and (7) of section 2105(i) of before the period. term ‘creditable coverage’— such Act (other than paragraph (1)(B) of such (b) CREDITABLE COVERAGE REQUIREMENT.— ‘‘(i) has the meaning given such term in section). Any funds used to carry out a State Section 2702(b)(2) of the Public Health Serv- section 2704(c)(1); and plan under this subparagraph shall not be

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4217 considered in determining whether the State day before the date of enactment of this Act, SEC. 212. CONDITIONS FOR RECEIVING ADDI- plan increases the Federal deficit.’’; and or such section 1332, as amended by sub- TIONAL SUPPORT FOR STABILIZING (C) in paragraph (4), by adding at the end section (a), apply to such application and PREMIUMS AND PROMOTING the following: State plan. CHOICE IN PLANS OFFERED IN THE INDIVIDUAL MARKET. ‘‘(D) EXPEDITED PROCESS.—The Secretary (3) In the case of a State that submits an shall establish an expedited application and application for a waiver under such section (a) FEDERAL FUNDING FOR PLANS.—If, for approval process that may be used if the Sec- on or after the date of enactment of this Act, any of plan years 2020 through 2026 for which retary determines that such expedited proc- such section 1332, as amended by subsection funds are available under subsection (h)(6) of ess is necessary to respond to an urgent or (a), shall apply to such application and State section 2105 of the Social Security Act (42 emergency situation with respect to health plan. U.S.C. 1397ee), a health insurance issuer (as defined in section 2791(b)(2) of the Public insurance coverage within a State.’’; SEC. 208. ALLOWING ALL INDIVIDUALS PUR- (2) in subsection (b)— CHASING HEALTH INSURANCE IN Health Service Act (42 U.S.C. 300gg–91(b)(2)) (A) in paragraph (1)— THE INDIVIDUAL MARKET THE OP- meets the conditions of subsection (b) with (i) in the matter preceding subparagraph TION TO PURCHASE A LOWER PRE- respect to an entire rating area within a (A)— MIUM CATASTROPHIC PLAN. State (as defined in section 2701(a)(2) of the (I) by striking ‘‘may’’ and inserting (a) IN GENERAL.—Section 1302(e) of the Pa- Public Health Service Act (42 U.S.C. § ‘‘shall’’; and tient Protection and Affordable Care Act (42 300gg(a)(2)), the provisions described in sub- (II) by striking ‘‘only if’’ and inserting U.S.C. 18022(e)) is amended by adding at the section (c) shall be treated as not applying ‘‘unless’’; and end the following: (directly or through reference) for those plan (ii) by striking ‘‘plan—’’ and all that fol- ‘‘(4) CONSUMER FREEDOM.—For plan years years to health insurance coverage offered lows through the period at the end of sub- beginning on or after January 1, 2019, para- off the Exchange by such issuer in the indi- paragraph (D) and inserting ‘‘application is graph (1)(A) shall not apply with respect to vidual market in the rating area in the State missing a required element under subsection any plan offered in the State.’’. for such plan year (other than with respect (a)(1) or that the State plan will increase the (b) RISK POOLS.—Section 1312(c) of the Pa- to health insurance coverage certified under Federal deficit, not taking into account any tient Protection and Affordable Care Act (42 subsection (b)(2)), provided that such cov- amounts received through a grant under sub- U.S.C. 18032(c)) is amended— erage offered off the Exchange complies with section (a)(3)(B).’’; (1) in paragraph (1), by inserting ‘‘and in- the applicable State health insurance re- (B) in paragraph (2)— cluding, with respect to plan years beginning quirements. on or after January 1, 2019, enrollees in cata- (i) in the paragraph heading, by inserting (b) CONDITIONS FOR FEDERAL FUNDING FOR strophic plans described in section 1302(e)’’ ‘‘OR CERTIFY’’ after ‘‘LAW’’; PLANS.—The conditions of this subsection for after ‘‘Exchange’’; and (ii) in subparagraph (A), by inserting be- a health insurance issuer for a plan year are (2) in paragraph (2), by inserting ‘‘and in- fore the period ‘‘, and a certification de- that the health insurance issuer, on or before cluding, with respect to plan years beginning scribed in this paragraph is a document, May 3 of the calendar year preceding the on or after January 1, 2019, enrollees in cata- signed by the Governor, and the State insur- plan year involved— strophic plans described in section 1302(e)’’ ance commissioner, of the State, that pro- (1) certifies to the Secretary and the appli- after ‘‘Exchange’’. vides authority for State actions under a cable State insurance commissioner that waiver under this section, including the im- SEC. 209. APPLICATION OF ENFORCEMENT PEN- such issuer will apply subsection (a) with re- ALTIES. plementation of the State plan under sub- spect to health insurance coverage in a rat- (a) IN GENERAL.—Section 2723 of the Public section (a)(1)(B)’’; and ing area within a State for such plan year; (iii) in subparagraph (B)— Health Service Act (42 U.S.C. 300gg–22) is amended— and (I) in the subparagraph heading, by strik- (2) certifies to the Secretary that such ing ‘‘OF OPT OUT’’; and (1) in subsection (a)— (A) in paragraph (1), by inserting ‘‘and of issuer will make available through the Ex- (II) by striking ‘‘ may repeal a law’’ and all change in the rating area in the State in that follows through the period at the end section 1303 of the Patient Protection and Affordable Care Act’’ after ‘‘this part’’; and such plan year at least one gold level and and inserting the following: ‘‘may terminate one silver level qualified health plan (as de- the authority provided under the waiver (B) in paragraph (2), by inserting ‘‘or in such section 1303’’ after ‘‘this part’’; and scribed in section 1302(d)(1) of the Patient with respect to the State by— Protection and Affordable Care Act, 42 ‘‘(i) repealing a law described in subpara- (2) in subsection (b)— (A) in paragraphs (1) and (2)(A), by insert- U.S.C. 18022(d)(1)) and one health plan that graph (A); or provides the level of coverage described in ‘‘(ii) terminating a certification described ing ‘‘or section 1303 of the Patient Protec- tion and Affordable Care Act’’ after ‘‘this section 36B(b)(3)(B)(i) of the Internal Rev- in subparagraph (A), through a certification enue Code of 1986. for such termination signed by the Governor, part’’ each place such term appears; (c) NON-APPLICABLE PROVISIONS DE- and the State insurance commissioner, of (B) in paragraph (2)(C)(ii), by inserting SCRIBED.—The provisions described in this the State.’’; ‘‘and section 1303 of the Patient Protection subsection are the following: (3) in subsection (d)(2)(B), by striking ‘‘and and Affordable Care Act’’ after ‘‘this part’’. (1) Subsections (b), (c)(1)(B), and (d) of sec- the reasons therefore’’ and inserting ‘‘and (b) EFFECT OF WAIVER.—A State waiver tion 1302 of the Patient Protection and Af- the reasons therefore, and provide the data pursuant to section 1332 of the Patient Pro- fordable Care Act (42 U.S.C. 18022). on which such determination was made’’; tection and Affordable Care Act (42 U.S.C. (2) Section 2701(a)(1) of the Public Health and 18052) shall not affect the authority of the Service Act (42 U.S.C. 300gg(a)(1)). (4) in subsection (e), by striking ‘‘No waiv- Secretary to impose penalties under section (3) Subsections (a) and (b)(2) of section 2702 er’’ and all that follows through the period 2723 of the Public Health Service Act (42 U.S.C. 300gg–22). of the Public Health Service Act (42 U.S.C. §§ at the end and inserting the following: ‘‘A 300gg–1). waiver under this section— SEC. 210. FUNDING FOR COST-SHARING PAY- MENTS. (4) Section 2704 of the Public Health Serv- ‘‘(1) shall be in effect for a period of 8 years There is appropriated to the Secretary of ice Act (42 U.S.C. §§ 300gg–3). unless the State requests a shorter duration; Health and Human Services, out of any (5) Subsections (a) through (j) of section ‘‘(2) may be renewed for unlimited addi- money in the Treasury not otherwise appro- 2705 of the Public Health Service Act (42 tional 8-year periods upon application by the priated, such sums as may be necessary for U.S.C. §§ 300gg–4). State; and payments for cost-sharing reductions au- (6) Section 2707 of the Public Health Serv- ‘‘(3) may not be cancelled by the Secretary thorized by the Patient Protection and Af- ice Act (42 U.S.C. 300gg–6). before the expiration of the 8-year period (in- fordable Care Act (including adjustments to (7) Section 2708 of the Public Health Serv- cluding any renewal period under paragraph any prior obligations for such payments) for ice Act (42 U.S.C. 300gg–7). (2)).’’. the period beginning on the date of enact- (b) APPLICABILITY.—Section 1332 of the Pa- (8) Section 2713(a) of the Public Health ment of this Act and ending on December 31, Service Act (42 U.S.C. 300gg–13(a)). tient Protection and Affordable Care Act (42 2019. Notwithstanding any other provision of U.S.C. 18052) shall apply as follows: (9) Section 2718(b)(1) of the Public Health this Act, payments and other actions for ad- Service Act (42 U.S.C. §§ 300gg–18(b)(1)). (1) In the case of a State for which a waiver justments to any obligations incurred for (d) CONTINUOUS COVERAGE.—For purposes under such section was granted prior to the plan years 2018 and 2019 may be made date of enactment of this Act, such section through December 31, 2020. of section 2702(b) of the Public Health Serv- ice Act (42 U.S.C. 300gg–1), health insurance 1332, as in effect on the day before the date SEC. 211. REPEAL OF COST-SHARING SUBSIDY of enactment of this Act shall apply to the PROGRAM. coverage offered off the Exchange in accord- waiver and State plan. (a) IN GENERAL.—Section 1402 of the Pa- ance with subsection (a) shall not be deemed (2) In the case of a State that submitted an tient Protection and Affordable Care Act is creditable coverage, as defined in section application for a waiver under such section repealed. 2704(c) of the Public Health Service Act (42 prior to the date of enactment of this Act, (b) EFFECTIVE DATE.—The repeal made by U.S.C. 300gg–3(c)). and which application the Secretary of subsection (a) shall apply to cost-sharing re- (e) NONAPPLICATION OF RISK ADJUSTMENT Health and Human Services has not approved ductions (and payments to issuers for such PROGRAM.—Section 1343 of the Patient Pro- prior to such date, the State may elect to reductions) for plan years beginning after tection and Affordable Care Act (42 U.S.C. have such section 1332, as in effect on the December 31, 2019. 18063) shall not apply to health insurance

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 S4218 CONGRESSIONAL RECORD — SENATE July 25, 2017

coverage offered off the Exchange in accord- (B) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendments ance with subsection (a) or to the issuer of made by this paragraph shall apply to tax- made by this section shall apply to months such coverage with respect to that coverage. able years beginning after December 31, 2019. beginning after December 31, 2015. FFECT OF AIVER (f) E W .—A State that re- (b) REPEAL OF ELIGIBILITY DETERMINA- SEC. 106. FEDERAL PAYMENTS TO STATES. ceives a waiver under section 1332 of the Pa- TIONS.— (a) IN GENERAL.—Notwithstanding section tient Protection and Affordable Care Act (42 (1) IN GENERAL.—The following sections of U.S.C. 18052) shall not be permitted to use the Patient Protection and Affordable Care 504(a), 1902(a)(23), 1903(a), 2002, 2005(a)(4), pass through funding under subsection Act are repealed: 2102(a)(7), or 2105(a)(1) of the Social Security (a)(3)(C) of such section either to provide as- (A) Section 1411 (other than subsection (i), Act (42 U.S.C. 704(a), 1396a(a)(23), 1396b(a), sistance to individuals who enroll in health the last sentence of subsection (e)(4)(A)(ii), 1397a, 1397d(a)(4), 1397bb(a)(7), 1397ee(a)(1)), or insurance coverage offered in accordance and such provisions of such section solely to the terms of any Medicaid waiver in effect on with subsection (a) or to make payments to the extent related to the application of the the date of enactment of this Act that is ap- issuers for any health insurance coverage of- last sentence of subsection (e)(4)(A)(ii)). proved under section 1115 or 1915 of the So- fered in accordance with subsection (a). (B) Section 1412. cial Security Act (42 U.S.C. 1315, 1396n), for the 1-year period beginning on the date of (g) FUNDING FOR STATES.— (2) EFFECTIVE DATE.—The repeals in para- (1) APPROPRIATION.—There is appropriated graph (1) shall take effect on January 1, 2020. enactment of this Act, no Federal funds pro- to the Secretary of Health and Human Serv- (c) PROTECTING AMERICANS BY REPEAL OF vided from a program referred to in this sub- ices, out of any money in the Treasury not DISCLOSURE AUTHORITY TO CARRY OUT ELIGI- section that is considered direct spending for otherwise appropriated, $2,000,000,000 for the BILITY REQUIREMENTS FOR CERTAIN PRO- any year may be made available to a State period beginning on January 1, 2020, and end- GRAMS.— for payments to a prohibited entity, whether ing on December 31, 2026, for the purpose of (1) IN GENERAL.—Paragraph (21) of section made directly to the prohibited entity or providing allotments for States in which a 6103(l) of the Internal Revenue Code of 1986 is through a managed care organization under health insurance issuer offers coverage in ac- amended by adding at the end the following contract with the State. cordance with subsection (a). Amounts paid new subparagraph: (b) DEFINITIONS.—In this section: to any such State from such an allotment ‘‘(D) TERMINATION.—No disclosure may be (1) PROHIBITED ENTITY.—The term ‘‘prohib- shall be used to offset costs attributable to made under this paragraph after December ited entity’’ means an entity, including its the State’s regulation and oversight of such 31, 2019.’’. affiliates, subsidiaries, successors, and clin- coverage. Funds appropriated under this (2) EFFECTIVE DATE.—The amendment ics— paragraph shall remain available until ex- made by paragraph (1) shall take effect on (A) that, as of the date of enactment of pended. January 1, 2020. this Act— (2) PROCEDURE FOR DISTRIBUTION OF SEC. 103. SMALL BUSINESS TAX CREDIT. (i) is an organization described in section FUNDS.—The Secretary of Health and Human (a) SUNSET.— 501(c)(3) of the Internal Revenue Code of 1986 Services shall determine an appropriate pro- (1) IN GENERAL.—Section 45R of the Inter- and exempt from tax under section 501(a) of cedure for providing and distributing funds nal Revenue Code of 1986 is amended by add- such Code; under this subsection. ing at the end the following new subsection: (ii) is an essential community provider de- (h) TAX CREDIT NOT AVAILABLE.—Health ‘‘(j) SHALL NOT APPLY.—This section shall scribed in section 156.235 of title 45, Code of insurance coverage offered off the Exchange not apply with respect to amounts paid or Federal Regulations (as in effect on the date in accordance with subsection (a) shall not incurred in taxable years beginning after De- of enactment of this Act), that is primarily be taken into account as a qualified health cember 31, 2019.’’. engaged in family planning services, repro- plan for purposes of calculating the amount (2) EFFECTIVE DATE.—The amendment ductive health, and related medical care; and of the premium tax credit under section 36B made by this subsection shall apply to tax- (iii) provides for abortions, other than an of the Internal Revenue Code of 1986. able years beginning after December 31, 2019. abortion— (b) DISALLOWANCE OF SMALL EMPLOYER (I) if the pregnancy is the result of an act SA 271. Mr. ENZI submitted an HEALTH INSURANCE EXPENSE CREDIT FOR of rape or incest; or amendment intended to be proposed to PLAN WHICH INCLUDES COVERAGE FOR ABOR- (II) in the case where a woman suffers from amendment SA 267 proposed by Mr. TION.— a physical disorder, physical injury, or phys- MCCONNELL to the bill H.R. 1628, to (1) IN GENERAL.—Subsection (h) of section ical illness that would, as certified by a phy- provide for reconciliation pursuant to 45R of the Internal Revenue Code of 1986 is sician, place the woman in danger of death amended— unless an abortion is performed, including a title II of the concurrent resolution on life-endangering physical condition caused the budget for fiscal year 2017; as fol- (A) by striking ‘‘Any term’’ and inserting the following: by or arising from the pregnancy itself; and lows: ‘‘(1) IN GENERAL.—Any term’’, and (B) for which the total amount of Federal Strike all after the first line and insert the (B) by adding at the end the following new and State expenditures under the Medicaid following: paragraph: program under title XIX of the Social Secu- SECTION 1. SHORT TITLE. ‘‘(2) EXCLUSION OF HEALTH PLANS INCLUDING rity Act in fiscal year 2014 made directly to This Act may be cited as the ‘‘Obamacare COVERAGE FOR ABORTION.—The term ‘quali- the entity and to any affiliates, subsidiaries, Repeal Reconciliation Act of 2017’’. fied health plan’ does not include any health successors, or clinics of the entity, or made TITLE I plan that includes coverage for abortions to the entity and to any affiliates, subsidi- (other than any abortion necessary to save aries, successors, or clinics of the entity as SEC. 101. RECAPTURE EXCESS ADVANCE PAY- part of a nationwide health care provider MENTS OF PREMIUM TAX CREDITS. the life of the mother or any abortion with Subparagraph (B) of section 36B(f)(2) of the respect to a pregnancy that is the result of network, exceeded $1,000,000. Internal Revenue Code of 1986 is amended by an act of rape or incest).’’. (2) DIRECT SPENDING.—The term ‘‘direct adding at the end the following new clause: (2) EFFECTIVE DATE.—The amendments spending’’ has the meaning given that term under section 250(c) of the Balanced Budget ‘‘(iii) NONAPPLICABILITY OF LIMITATION.— made by this subsection shall apply to tax- This subparagraph shall not apply to taxable able years beginning after December 31, 2017. and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)). years ending after December 31, 2017, and be- SEC. 104. INDIVIDUAL MANDATE. fore January 1, 2020.’’. (a) IN GENERAL.—Section 5000A(c) of the In- SEC. 107. MEDICAID. SEC. 102. PREMIUM TAX CREDIT. ternal Revenue Code of 1986 is amended— The Social Security Act (42 U.S.C. 301 et (a) PREMIUM TAX CREDIT.— (1) in paragraph (2)(B)(iii), by striking ‘‘2.5 seq.) is amended— (1) MODIFICATION OF DEFINITION OF QUALI- percent’’ and inserting ‘‘Zero percent’’, and (1) in section 1902— FIED HEALTH PLAN.— (2) in paragraph (3)— (A) in subsection (a)(10)(A), in each of (A) IN GENERAL.—Section 36B(c)(3)(A) of (A) by striking ‘‘$695’’ in subparagraph (A) clauses (i)(VIII) and (ii)(XX), by inserting the Internal Revenue Code of 1986 is amended and inserting ‘‘$0’’, and ‘‘and ending December 31, 2019,’’ after ‘‘Janu- by inserting before the period at the end the (B) by striking subparagraph (D). ary 1, 2014,’’; and following: ‘‘or a plan that includes coverage (b) EFFECTIVE DATE.—The amendments (B) in subsection (a)(47)(B), by inserting for abortions (other than any abortion nec- made by this section shall apply to months ‘‘and provided that any such election shall essary to save the life of the mother or any beginning after December 31, 2015. cease to be effective on January 1, 2020, and abortion with respect to a pregnancy that is SEC. 105. EMPLOYER MANDATE. no such election shall be made after that the result of an act of rape or incest)’’. (a) IN GENERAL.— date’’ before the semicolon at the end; (B) EFFECTIVE DATE.—The amendment (1) Paragraph (1) of section 4980H(c) of the (2) in section 1905— made by this paragraph shall apply to tax- Internal Revenue Code of 1986 is amended by (A) in the first sentence of subsection (b), able years beginning after December 31, 2017. inserting ‘‘($0 in the case of months begin- by inserting ‘‘(50 percent on or after January (2) REPEAL.— ning after December 31, 2015)’’ after ‘‘$2,000’’. 1, 2020)’’ after ‘‘55 percent’’; (A) IN GENERAL.—Subpart C of part IV of (2) Paragraph (1) of section 4980H(b) of the (B) in subsection (y)(1), by striking the subchapter A of chapter 1 of the Internal Internal Revenue Code of 1986 is amended by semicolon at the end of subparagraph (D) and Revenue Code of 1986 is amended by striking inserting ‘‘($0 in the case of months begin- all that follows through ‘‘thereafter’’; and section 36B. ning after December 31, 2015)’’ after ‘‘$3,000’’. (C) in subsection (z)(2)—

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4219 (i) in subparagraph (A), by inserting SEC. 113. REPEAL OF TAX ON PRESCRIPTION adding at the end the following new subpara- ‘‘through 2019’’ after ‘‘each year thereafter’’; MEDICATIONS. graph: and Subsection (j) of section 9008 of the Patient ‘‘(I) TERMINATION.—This paragraph shall (ii) in subparagraph (B)(ii)(VI), by striking Protection and Affordable Care Act is not apply to taxable years beginning after ‘‘and each subsequent year’’; amended to read as follows: December 31, 2016.’’. (3) in section 1915(k)(2), by striking ‘‘during ‘‘(j) REPEAL.—This section shall apply to TITLE II calendar years beginning after December 31, the period described in paragraph (1)’’ and in- SEC. 201. THE PREVENTION AND PUBLIC HEALTH serting ‘‘on or after the date referred to in 2010, and ending before January 1, 2018.’’. FUND. paragraph (1) and before January 1, 2020’’; SEC. 114. REPEAL OF MEDICAL DEVICE EXCISE Subsection (b) of section 4002 of the Pa- (4) in section 1920(e), by adding at the end TAX. tient Protection and Affordable Care Act (42 the following: ‘‘This subsection shall not Section 4191 of the Internal Revenue Code U.S.C. 300u–11) is amended— apply after December 31, 2019.’’; of 1986 is amended by adding at the end the (1) in paragraph (3), by striking ‘‘each of (5) in section 1937(b)(5), by adding at the following new subsection: fiscal years 2018 and 2019’’ and inserting ‘‘fis- end the following: ‘‘This paragraph shall not ‘‘(d) APPLICABILITY.—The tax imposed cal year 2018’’; and apply after December 31, 2019.’’; and under subsection (a) shall not apply to sales (2) by striking paragraphs (4) through (8). (6) in section 1943(a), by inserting ‘‘and be- after December 31, 2017.’’. SEC. 202. SUPPORT FOR STATE RESPONSE TO fore January 1, 2020,’’ after ‘‘January 1, SEC. 115. REPEAL OF HEALTH INSURANCE TAX. SUBSTANCE ABUSE PUBLIC HEALTH 2014,’’. Subsection (j) of section 9010 of the Patient CRISIS AND URGENT MENTAL SEC. 108. REPEAL OF DSH ALLOTMENT REDUC- Protection and Affordable Care Act is HEALTH NEEDS. TIONS. amended by striking ‘‘, and’’ at the end of (a) IN GENERAL.—There are authorized to Section 1923(f) of the Social Security Act paragraph (1) and all that follows through be appropriated, and are appropriated, out of (42 U.S.C. 1396r–4(f)) is amended by striking ‘‘2017’’. monies in the Treasury not otherwise obli- paragraphs (7) and (8). gated, $750,000,000 for each of fiscal years 2018 SEC. 116. REPEAL OF ELIMINATION OF DEDUC- and 2019, to the Secretary of Health and SEC. 109. REPEAL OF THE TAX ON EMPLOYEE TION FOR EXPENSES ALLOCABLE TO HEALTH INSURANCE PREMIUMS MEDICARE PART D SUBSIDY. Human Services (referred to in this section as the ‘‘Secretary’’) to award grants to AND HEALTH PLAN BENEFITS. (a) IN GENERAL.—Section 139A of the Inter- (a) IN GENERAL.—Chapter 43 of the Internal nal Revenue Code of 1986 is amended by add- States to address the substance abuse public Revenue Code of 1986 is amended by striking ing at the end the following new sentence: health crisis or to respond to urgent mental section 4980I. ‘‘This section shall not be taken into ac- health needs within the State. In awarding grants under this section, the Secretary may (b) EFFECTIVE DATE.—The amendment count for purposes of determining whether made by subsection (a) shall apply to taxable any deduction is allowable with respect to give preference to States with an incidence or prevalence of substance use disorders that years beginning after December 31, 2019. any cost taken into account in determining is substantial relative to other States or to (c) SUBSEQUENT EFFECTIVE DATE.—The such payment.’’. States that identify mental health needs amendment made by subsection (a) shall not (b) EFFECTIVE DATE.—The amendment within their communities that are urgent apply to taxable years beginning after De- made by this section shall apply to taxable relative to such needs of other States. Funds cember 31, 2025, and chapter 43 of the Inter- years beginning after December 31, 2016. appropriated under this subsection shall re- nal Revenue Code of 1986 is amended to read SEC. 117. REPEAL OF CHRONIC CARE TAX. as such chapter would read if such sub- main available until expended. (a) IN GENERAL.—Subsection (a) of section (b) USE OF FUNDS.—Grants awarded to a section had never been enacted. 213 of the Internal Revenue Code of 1986 is State under subsection (a) shall be used for SEC. 110. REPEAL OF TAX ON OVER-THE- amended by striking ‘‘10 percent’’ and insert- one or more of the following public health- COUNTER MEDICATIONS. ing ‘‘7.5 percent’’. related activities: (a) HSAS.—Subparagraph (A) of section (b) EFFECTIVE DATE.—The amendment (1) Improving State prescription drug mon- 223(d)(2) of the Internal Revenue Code of 1986 made by this section shall apply to taxable itoring programs. is amended by striking ‘‘Such term’’ and all years beginning after December 31, 2016. (2) Implementing prevention activities, that follows through the period. SEC. 118. REPEAL OF MEDICARE TAX INCREASE. and evaluating such activities to identify ef- (b) ARCHER MSAS.—Subparagraph (A) of (a) IN GENERAL.—Subsection (b) of section fective strategies to prevent substance section 220(d)(2) of the Internal Revenue 3101 of the Internal Revenue Code of 1986 is abuse. Code of 1986 is amended by striking ‘‘Such amended to read as follows: (3) Training for health care practitioners, term’’ and all that follows through the pe- ‘‘(b) HOSPITAL INSURANCE.—In addition to such as best practices for prescribing opioids, riod. the tax imposed by the preceding subsection, pain management, recognizing potential (c) HEALTH FLEXIBLE SPENDING ARRANGE- there is hereby imposed on the income of cases of substance abuse, referral of patients MENTS AND HEALTH REIMBURSEMENT AR- every individual a tax equal to 1.45 percent to treatment programs, and overdose preven- RANGEMENTS.—Section 106 of the Internal of the wages (as defined in section 3121(a)) re- tion. Revenue Code of 1986 is amended by striking ceived by such individual with respect to em- (4) Supporting access to health care serv- subsection (f). ployment (as defined in section 3121(b).’’. ices provided by Federally certified opioid (d) EFFECTIVE DATES.— (b) SECA.—Subsection (b) of section 1401 of treatment programs or other appropriate (1) DISTRIBUTIONS FROM SAVINGS AC- the Internal Revenue Code of 1986 is amended health care providers to treat substance use COUNTS.—The amendments made by sub- to read as follows: disorders or mental health needs. sections (a) and (b) shall apply to amounts ‘‘(b) HOSPITAL INSURANCE.—In addition to (5) Other public health-related activities, paid with respect to taxable years beginning the tax imposed by the preceding subsection, as the State determines appropriate, related after December 31, 2016. there shall be imposed for each taxable year, to addressing the substance abuse public (2) REIMBURSEMENTS.—The amendment on the self-employment income of every in- health crisis or responding to urgent mental made by subsection (c) shall apply to ex- dividual, a tax equal to 2.9 percent of the health needs within the State. penses incurred with respect to taxable years amount of the self-employment income for SEC. 203. COMMUNITY HEALTH CENTER PRO- beginning after December 31, 2016. such taxable year.’’. GRAM. SEC. 111. REPEAL OF TAX ON HEALTH SAVINGS (c) EFFECTIVE DATE.—The amendments Effective as if included in the enactment of ACCOUNTS. made by this section shall apply with respect the Medicare Access and CHIP Reauthoriza- (a) HSAS.—Section 223(f)(4)(A) of the Inter- to remuneration received after, and taxable tion Act of 2015 (Public Law 114–10, 129 Stat. nal Revenue Code of 1986 is amended by years beginning after, December 31, 2017. 87), paragraph (1) of section 221(a) of such striking ‘‘20 percent’’ and inserting ‘‘10 per- SEC. 119. REPEAL OF TANNING TAX. Act is amended by inserting ‘‘, and an addi- cent’’. tional $422,000,000 for fiscal year 2017’’ after (a) IN GENERAL.—The Internal Revenue (b) ARCHER MSAS.—Section 220(f)(4)(A) of Code of 1986 is amended by striking chapter ‘‘2017’’. the Internal Revenue Code of 1986 is amended 49. SEC. 204. FUNDING FOR COST-SHARING PAY- by striking ‘‘20 percent’’ and inserting ‘‘15 MENTS. (b) EFFECTIVE DATE.—The amendment percent’’. There is appropriated to the Secretary of made by this section shall apply to services (c) EFFECTIVE DATE.—The amendments Health and Human Services, out of any performed after September 30, 2017. made by this section shall apply to distribu- money in the Treasury not otherwise appro- tions made after December 31, 2016. SEC. 120. REPEAL OF NET INVESTMENT TAX. priated, such sums as may be necessary for (a) IN GENERAL.—Subtitle A of the Internal SEC. 112. REPEAL OF LIMITATIONS ON CON- payments for cost-sharing reductions au- TRIBUTIONS TO FLEXIBLE SPEND- Revenue Code of 1986 is amended by striking thorized by the Patient Protection and Af- ING ACCOUNTS. chapter 2A. fordable Care Act (including adjustments to (a) IN GENERAL.—Section 125 of the Inter- (b) EFFECTIVE DATE.—The amendment any prior obligations for such payments) for nal Revenue Code of 1986 is amended by made by this section shall apply to taxable the period beginning on the date of enact- striking subsection (i). years beginning after December 31, 2016. ment of this Act and ending on December 31, (b) EFFECTIVE DATE.—The amendment SEC. 121. REMUNERATION. 2019. Notwithstanding any other provision of made by this section shall apply to plan Paragraph (6) of section 162(m) of the In- this Act, payments and other actions for ad- years beginning after December 31, 2017. ternal Revenue Code of 1986 is amended by justments to any obligations incurred for

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.048 S25JYPT1 S4220 CONGRESSIONAL RECORD — SENATE July 25, 2017 plan years 2018 and 2019 may be made (b) HEALTH CARE AND EDUCATION REC- SA 276. Mr. KAINE (for himself, Mr. through December 31, 2020. ONCILIATION ACT OF 2010.—Effective with re- CARPER, Mr. COONS, Mrs. SHAHEEN, Mr. SEC. 205. REPEAL OF COST-SHARING SUBSIDY spect to plan years beginning on or after CARDIN, Ms. HASSAN, Ms. KLOBUCHAR, PROGRAM. January 1, 2020, the Health Care and Edu- Ms. STABENOW, Mr. WARNER, Ms. (a) IN GENERAL.—Section 1402 of the Pa- cation Reconciliation Act of 2010 (Public tient Protection and Affordable Care Act (42 Law 111–152), including the amendments HEITKAMP, and Mr. NELSON) submitted U.S.C. 18071) is repealed. made by such Act, shall have no force or ef- an amendment intended to be proposed (b) EFFECTIVE DATE.—The repeal made by fect. by him to the bill H.R. 1628, to provide subsection (a) shall apply to cost-sharing re- for reconciliation pursuant to title II ductions (and payments to issuers for such SA 274. Mr. BARRASSO submitted an of the concurrent resolution on the reductions) for plan years beginning after amendment intended to be proposed to budget for fiscal year 2017; which was December 31, 2019. amendment SA 267 proposed by Mr. ordered to lie on the table; as follows: MCCONNELL to the bill H.R. 1628, to SA 272. Mr. JOHNSON submitted an In lieu of the matter proposed to be in- provide for reconciliation pursuant to serted, insert the following: amendment intended to be proposed to title II of the concurrent resolution on amendment SA 267 proposed by Mr. SECTION 1. SHORT TITLE. the budget for fiscal year 2017; which This Act may be cited as the ‘‘Individual MCCONNELL to the bill H.R. 1628, to was ordered to lie on the table; as fol- Health Insurance Marketplace Improvement provide for reconciliation pursuant to lows: Act’’. title II of the concurrent resolution on At the appropriate place, insert the fol- SEC. 2. FINDINGS. the budget for fiscal year 2017; which lowing: Congress makes the following findings: was ordered to lie on the table; as fol- SEC. llll. MAXIMUM CONTRIBUTION LIMIT TO (1) Before the passage of the Patient Pro- lows: HEALTH SAVINGS ACCOUNT IN- tection and Affordable Care Act (Public Law At the appropriate place, insert the fol- CREASED TO AMOUNT OF DEDUCT- 114–148) in 2010, Americans with pre-existing lowing: IBLE AND OUT-OF-POCKET LIMITA- conditions faced unfair barriers to accessing TION. health insurance coverage and health care SEC. lll. HEALTH INSURANCE COVERAGE FOR (a) SELF-ONLY COVERAGE.—Section costs had risen rapidly for decades. MEMBERS OF CONGRESS AND CON- 223(b)(2)(A) of the Internal Revenue Code of GRESSIONAL STAFF. (2) Since 2010, the rate of uninsured Ameri- 1986 is amended by striking ‘‘$2,250’’ and in- (a) TREATMENT OF CONGRESSIONAL STAFF.— cans has declined to a historic low, with serting ‘‘the amount in effect under sub- (1) IN GENERAL.—Section 1312(d)(3)(D) of more than 20,000,000 Americans gaining ac- section (c)(2)(A)(ii)(I)’’. the Patient Protection and Affordable Care cess to health insurance coverage. (b) FAMILY COVERAGE.—Section 223(b)(2)(B) Act (42 U.S.C. 18032(d)(3)(D)) is amended— of such Code is amended by striking ‘‘$4,500’’ (3) Since 2010, America has experienced the (A) in clause (i)— and inserting ‘‘the amount in effect under slowest growth in the price of health care in (i) in the matter preceding subclause (I)— subsection (c)(2)(A)(ii)(II)’’. over five decades. (I) by striking ‘‘and congressional staff’’; (c) COST-OF-LIVING ADJUSTMENT.—Section (4) Thanks to the Patient Protection and and 223(g)(1) of such Code is amended— Affordable Care Act (Public Law 114–148), (II) by striking ‘‘or congressional staff’’; (1) by striking ‘‘subsections (b)(2) and’’ Americans can no longer be denied insurance and both places it appears and inserting ‘‘sub- or charged more on the basis of their health (ii) in subclause (II), by inserting ‘‘to indi- section’’, and status, more Americans than ever have in- viduals’’ before ‘‘offered’’; and (2) in subparagraph (B), by striking ‘‘deter- surance, and the health care they receive is (B) by adding at the end the following: mined by’’ and all that follows through continually improving. ‘‘(iii) NO GOVERNMENT CONTRIBUTION.—For a ‘‘ ‘calendar year 2003’.’’ and inserting ‘‘deter- (5) Starting in 2016, independent, non-par- Member of Congress enrolled in a health plan mined by substituting ‘calendar year 2003’ tisan organizations, including the Congres- through an Exchange, there shall be no Gov- for ‘calendar year 1992’ in subparagraph (B) sional Budget Office, have determined that ernment contribution under section 8906 of thereof.’’. the individual health insurance markets title 5, United States Code, or any other pro- (d) EFFECTIVE DATE.—The amendments have stabilized and improved. vision of law.’’. made by this section shall apply to taxable (6) The cost-sharing reduction payments in (2) EFFECTIVE DATE.—The amendments years beginning after December 31, 2017. the Patient Protection and Affordable Care made by paragraph (1) shall take effect with Act provide stability in the individual health respect to plan years beginning on or after SA 275. Mr. BARRASSO submitted an insurance market, lower insurance pre- January 1, 2018. amendment intended to be proposed to miums by nearly 20 percent, and encourage (b) REGULATIONS.—The Director of the Of- amendment SA 267 proposed by Mr. competition among health insurers. The pay- fice of Personnel Management shall update ments reduce costs for approximately the regulations entitled, ‘‘Federal Employ- MCCONNELL to the bill H.R. 1628, to 6,000,000 people with incomes below 250 per- ees Health Benefits Program: Members of provide for reconciliation pursuant to cent of the poverty line by an average of Congress and Congressional Staff’’ (78 Fed. title II of the concurrent resolution on about $1,100 per person and should be in- Reg. 60653), published on October 2, 2013, in the budget for fiscal year 2017; which creased to help more Americans. accordance with the amendments made by was ordered to lie on the table; as fol- (7) Risk mitigation programs, such as the subsection (a). The updated regulations shall lows: reinsurance program for the Medicare Part D provide that the Office of Personnel Manage- At the appropriate place, insert the fol- prescription drug benefit program, have pro- ment shall not offer a Small Business Health lowing: vided additional stability to the health in- Options Program for Members of Congress; surance markets, restrained premium SEC. lll. ALLOWING ALL INDIVIDUALS PUR- CHASING HEALTH INSURANCE IN growth, and lowered taxpayer costs by help- SA 273. Mr. JOHNSON submitted an THE INDIVIDUAL MARKET THE OP- ing health insurers predict and bear risk as- amendment intended to be proposed to TION TO PURCHASE A LOWER PRE- sociated with managing health care costs for amendment SA 267 proposed by Mr. MIUM CATASTROPHIC PLAN. a population. (8) From 2014 to 2016, the temporary rein- MCCONNELL to the bill H.R. 1628, to (a) IN GENERAL.—Section 1302(e) of the Pa- provide for reconciliation pursuant to tient Protection and Affordable Care Act (42 surance program established under the Af- U.S.C. 18022(e)) is amended by adding at the fordable Care Act helped to stabilize the new title II of the concurrent resolution on end the following: insurance marketplaces and reduced insur- the budget for fiscal year 2017; which ‘‘(4) CONSUMER FREEDOM.—For plan years ance premiums in the individual health in- was ordered to lie on the table; as fol- beginning on or after January 1, 2019, para- surance market by as much as 10 percent. lows: graph (1)(A) shall not apply with respect to (9) Throughout his Presidential campaign, In lieu of the matter proposed to be in- any plan offered in the State.’’. the President of the United States repeat- serted, insert the following: (b) RISK POOLS.—Section 1312(c) of the Pa- edly promised the American people that his tient Protection and Affordable Care Act (42 health care plan will result in reduced rates SECTION 1. SUNSET OF THE PATIENT PROTEC- TION AND AFFORDABLE CARE ACT U.S.C. 18032(c)) is amended— of uninsured, lower costs, and higher quality AND THE HEALTH CARE AND EDU- (1) in paragraph (1), by inserting ‘‘and in- care, stating on January 14, 2017, that ‘‘We’re CATION RECONCILIATION ACT OF cluding, with respect to plan years beginning going to have insurance for everybody. There 2010. on or after January 1, 2019, enrollees in cata- was a philosophy in some circles that if you (a) PATIENT PROTECTION AND AFFORDABLE strophic plans described in section 1302(e)’’ can’t pay for it, you don’t get it. That’s not CARE ACT.—Effective with respect to plan after ‘‘Exchange’’; and going to happen with us’’; and on January 25, years beginning on or after January 1, 2020, (2) in paragraph (2), by inserting ‘‘and in- 2017, that ‘‘I can assure you, we are going to the Patient Protection and Affordable Care cluding, with respect to plan years beginning have a better plan, much better health care, Act (Public Law 111–148), including the on or after January 1, 2019, enrollees in cata- much better service treatment, a plan where amendments made by such Act, shall have strophic plans described in section 1302(e)’’ you can have access to the doctor that you no force or effect. after ‘‘Exchange’’. want and the plan that you want. We’re

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.048 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4221 gonna have a much better health care plan the Secretary’s best estimate of amounts ing areas at risk of having no qualified at much less money’’. that will be payable after obtaining all of the health plans in the individual market. (10) The goal of any health care legislation information. (4) FUNDING.—Out of any moneys in the should be to build on the Affordable Care Act (B) REQUIREMENT FOR PROVISION OF INFOR- Treasury not otherwise appropriated, to continue expanding coverage and make MATION.— $500,000,000 is appropriated to the Secretary health care more affordable for Americans. (i) REQUIREMENT.—Payments under this for each of calendar years 2018 through 2020, Improving affordability and expanding cov- subsection to a health insurance issuer are to carry out this subsection. erage will also broaden the individual mar- conditioned upon the furnishing to the Sec- (d) REPORTS TO CONGRESS.— ket risk pool, contributing to lower pre- retary, in a form and manner specified by (1) ANNUAL REPORT.—The Secretary shall miums and strengthening market stability. the Secretary, of such information as may be submit a report to Congress, not later than SEC. 3. SENSE OF THE SENATE. required to carry out this subsection. January 21, 2019, and each year thereafter, It is the sense of the Senate that, with the (ii) RESTRICTION ON USE OF INFORMATION.— that contains the following information for reinsurance program under section 4 bring- Information disclosed or obtained pursuant the most recently ended year: ing additional stability to the individual to clause (i) is subject to the HIPAA privacy (A) The number and types of plans in each marketplace for the 2018 plan year, the Sen- and security law, as defined in section 3009(a) State’s individual market, specifying the ate should work in a bipartisan manner to of the Public Health Service Act (42 U.S.C. number that are qualified health plans, find solutions to improve the health care 300jj–19(a)). grandfathered health plans, or health insur- system. (5) SECRETARY FLEXIBILITY FOR BUDGET ance coverage that is not a qualified health plan. SEC. 4. INDIVIDUAL MARKET REINSURANCE NEUTRAL REVISIONS TO REINSURANCE PAYMENT FUND. SPECIFICATIONS.—If the Secretary determines (B) The impact of the reinsurance pay- (a) ESTABLISHMENT OF FUND.— appropriate, the Secretary may substitute ments provided under this section on the (1) IN GENERAL.—There is established the higher dollar amounts for the dollar availability of coverage, cost of coverage, ‘‘Individual Market Reinsurance Fund’’ to be amounts specified under subparagraphs (A) and coverage options in each State. administered by the Secretary to provide and (B) of paragraph (2) (and adjusted under (C) The amount of premiums paid by indi- funding for an individual market stabiliza- paragraph (3), if applicable) if the Secretary viduals in each State by age, family size, ge- tion reinsurance program in each State that certifies that such substitutions, considered ographic area in the State’s individual mar- complies with the requirements of this sec- together, neither increase nor decease the ket, and category of health plan (as de- tion. total projected payments under this sub- scribed in subparagraph (A)). (2) FUNDING.—There is appropriated to the section. (D) The process used to award funds for Fund, out of any moneys in the Treasury not (c) OUTREACH AND ENROLLMENT.— outreach and enrollment activities awarded otherwise appropriated, such sums as are (1) IN GENERAL.—During the period that be- to eligible entities under subsection (c), the necessary to carry out this section (other gins on January 1, 2018, and ends on Decem- amount of such funds awarded, and the ac- than subsection (c)) for each calendar year ber 31, 2020, the Secretary shall award grants tivities carried out with such funds. beginning with 2018. Amounts appropriated to eligible entities for the following pur- (E) Such other information as the Sec- to the Fund shall remain available without poses: retary deems relevant. fiscal or calendar year limitation to carry (A) OUTREACH AND ENROLLMENT.—To carry (2) EVALUATION REPORT.—Not later than out this section. out outreach, public education activities, January 31, 2022, the Secretary shall submit (b) INDIVIDUAL MARKET REINSURANCE PRO- and enrollment activities to raise awareness to Congress a report that— GRAM.— of the availability of, and encourage enroll- (A) analyzes the impact of the funds pro- (1) USE OF FUNDS.—The Secretary shall use ment in, qualified health plans. vided under this section on premiums and amounts in the Fund to establish a reinsur- (B) ASSISTING INDIVIDUALS TRANSITION TO enrollment in the individual market in all ance program under which the Secretary QUALIFIED HEALTH PLANS.—To provide assist- States; and shall make reinsurance payments to health ance to individuals who are enrolled in (B) contains a State-by-State comparison insurance issuers with respect to high-cost health insurance coverage that is not a of the design of the programs carried out by individuals enrolled in qualified health plans qualified health plan enroll in a qualified States with funds provided under this sec- offered by such issuers that are not grand- health plan. tion. (e) DEFINITIONS.—In this section: fathered health plans or transitional health (C) ASSISTING ENROLLMENT IN PUBLIC (1) SECRETARY.—The term ‘‘Secretary’’ plans for any plan year beginning with the HEALTH PROGRAMS.—To facilitate the enroll- 2018 plan year. This subsection constitutes ment of eligible individuals in the Medicare means the Secretary of the Department of budget authority in advance of appropria- program or in a State Medicaid program, as Health and Human Services. tions Acts and represents the obligation of appropriate. (2) FUND.—The term ‘‘Fund’’ means the In- dividual Market Reinsurance Fund estab- the Secretary to provide payments from the (D) RAISING AWARENESS OF PREMIUM ASSIST- lished under subsection (a). Fund in accordance with this subsection. ANCE AND COST-SHARING REDUCTIONS.—To dis- (3) GRANDFATHERED HEALTH PLAN.—The (2) AMOUNT OF PAYMENT.—The payment tribute fair and impartial information con- made to a health insurance issuer under sub- cerning enrollment in qualified health plans term ‘‘grandfathered health plan’’ has the section (a) with respect to each high-cost in- and the availability of premium assistance meaning given that term in section 1251(e) of dividual enrolled in a qualified health plan tax credits under section 36B of the Internal the Patient Protection and Affordable Care issued by the issuer that is not a grand- Revenue Code of 1986 and cost-sharing reduc- Act. fathered health plan or a transitional health tions under section 1402 of the Patient Pro- (4) HIGH-COST INDIVIDUAL.—The term ‘‘high- plan shall equal 80 percent of the lesser of— tection and Affordable Care Act, and to as- cost individual’’ means an individual en- (A) the amount (if any) by which the indi- sist eligible individuals in applying for such rolled in a qualified health plan (other than vidual’s claims incurred during the plan year tax credits and cost-sharing reductions. a grandfathered health plan or a transitional health plan) who incurs claims in excess of exceeds— (2) ELIGIBLE ENTITIES DEFINED.— $50,000 during a plan year. (i) in the case of the 2018, 2019, or 2020 plan (A) IN GENERAL.—In this subsection, the year, $50,000; and term ‘‘eligible entity’’ means— (5) STATE.—The term ‘‘State’’ means each (ii) in the case of any other plan year, (i) a State; or of the 50 States and the District of Columbia. $100,000; or (ii) a nonprofit community-based organiza- (6) TRANSITIONAL HEALTH PLAN.—The term (B) for plan years described in— tion. ‘‘transitional health plan’’ means a plan con- tinued under the letter issued by the Centers (i) subparagraph (A)(i), $450,000; and (B) ENROLLMENT AGENTS.—Such term in- (ii) subparagraph (A)(ii), $400,000. cludes a licensed independent insurance for Medicare & Medicaid Services on Novem- ber 14, 2013, to the State Insurance Commis- (3) INDEXING.—In the case of plan years be- agent or broker that has an arrangement ginning after 2018, the dollar amounts that with a State or nonprofit community-based sioners outlining a transitional policy for appear in subparagraphs (A) and (B) of para- organization to enroll eligible individuals in coverage in the individual and small group graph (2) shall each be increased by an qualified health plans. markets to which section 1251 of the Patient Protection and Affordable Care Act does not amount equal to— (C) EXCLUSIONS.—Such term does not in- (A) such amount; multiplied by clude an entity that— apply, and under the extension of the transi- (B) the premium adjustment percentage (i) is a health insurance issuer; or tional policy for such coverage set forth in specified under section 1302(c)(4) of the Af- (ii) receives any consideration, either di- the Insurance Standards Bulletin Series fordable Care Act, but determined by sub- rectly or indirectly, from any health insur- guidance issued by the Centers for Medicare stituting ‘‘2018’’ for ‘‘2013’’. ance issuer in connection with the enroll- & Medicaid Services on March 5, 2014, Feb- ruary 29, 2016, and February 13, 2017. (4) PAYMENT METHODS.— ment of any qualified individuals or employ- (A) IN GENERAL.—Payments under this sub- ees of a qualified employer in a qualified Mr. KAINE submitted an section shall be based on such a method as health plan. SA 277. the Secretary determines. The Secretary (3) PRIORITY.—In awarding grants under amendment intended to be proposed by may establish a payment method by which this subsection, the Secretary shall give pri- him to the bill H.R. 2810, to authorize interim payments of amounts under this sub- ority to awarding grants to States or eligible appropriations for fiscal year 2018 for section are made during a plan year based on entities in States that have geographic rat- military activities of the Department

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.051 S25JYPT1 S4222 CONGRESSIONAL RECORD — SENATE July 25, 2017 of Defense, for military construction, (b) FEDERAL HEALTH DATABASES; NICS.— (1) IN GENERAL.—Section 45R of the Inter- and for defense activities of the De- No funds made available to the Department nal Revenue Code of 1986 is amended by add- partment of Energy, to prescribe mili- of Health and Human Services or any other ing at the end the following new subsection: ‘‘(j) SHALL NOT APPLY.—This section shall tary personnel strengths for such fiscal agency under this Act may be used to exam- ine a Federal health database for the name not apply with respect to amounts paid or year, and for other purposes; which was of an individual to be submitted to the Na- incurred in taxable years beginning after De- ordered to lie on the table; as follows: tional Instant Criminal Background Check cember 31, 2019.’’. At the end of subtitle E of title XXVIII, System (commonly known as ‘‘NICS’’) estab- (2) EFFECTIVE DATE.—The amendment add the following: lished under section 103 of the Brady Hand- made by this subsection shall apply to tax- SEC. 2850. ESTABLISHMENT OF A VISITOR SERV- gun Violence Prevention Act (18 U.S.C. 922 able years beginning after December 31, 2019. ICES FACILITY ON THE ARLINGTON note). (b) DISALLOWANCE OF SMALL EMPLOYER RIDGE TRACT. HEALTH INSURANCE EXPENSE CREDIT FOR (a) ARLINGTON RIDGE TRACT DEFINED.—In SA 280. Mr. PAUL submitted an PLAN WHICH INCLUDES COVERAGE FOR ABOR- this section, the term ‘‘Arlington Ridge amendment intended to be proposed by TION.— tract’’ means the parcel of Federal land lo- him to the bill H.R. 1628, to provide for (1) IN GENERAL.—Subsection (h) of section 45R of the Internal Revenue Code of 1986 is cated in Arlington County, Virginia, known reconciliation pursuant to title II of as the ‘‘Nevius Tract’’ and transferred to the amended— Department of the Interior in 1953, that is the concurrent resolution on the budg- (A) by striking ‘‘Any term’’ and inserting bounded generally by— et for fiscal year 2017; which was or- the following: (1) Arlington Boulevard (United States dered to lie on the table; as follows: ‘‘(1) IN GENERAL.—Any term’’, and Route 50) to the north; Strike all after the enacting clause and in- (B) by adding at the end the following new (2) Highway (Virginia sert the following: paragraph: Route 110) to the east; SECTION 1. SHORT TITLE. ‘‘(2) EXCLUSION OF HEALTH PLANS INCLUDING (3) Marshall Drive to the south; and This Act may be cited as the ‘‘Obamacare COVERAGE FOR ABORTION.—The term ‘quali- (4) North Meade Street to the west. Repeal Reconciliation Act of 2017’’. fied health plan’ does not include any health plan that includes coverage for abortions (b) ESTABLISHMENT OF VISITOR SERVICES TITLE I FACILITY.—Notwithstanding section 2863(g) (other than any abortion necessary to save of the Military Construction Authorization SEC. 101. RECAPTURE EXCESS ADVANCE PAY- the life of the mother or any abortion with MENTS OF PREMIUM TAX CREDITS. respect to a pregnancy that is the result of Act for Fiscal Year 2002 (Public Law 107–107; Subparagraph (B) of section 36B(f)(2) of the an act of rape or incest).’’. 115 Stat. 1332), the Secretary of the Interior Internal Revenue Code of 1986 is amended by (2) EFFECTIVE DATE.—The amendments may construct a structure for visitor serv- adding at the end the following new clause: ices, including a public restroom facility, on made by this subsection shall apply to tax- ‘‘(iii) NONAPPLICABILITY OF LIMITATION.— able years beginning after December 31, 2017. the Arlington Ridge tract in the area of the This subparagraph shall not apply to taxable United States Marine Corps War Memorial. years ending after December 31, 2017, and be- SEC. 104. INDIVIDUAL MANDATE. (a) IN GENERAL.—Section 5000A(c) of the In- fore January 1, 2020.’’. SA 278. Ms. DUCKWORTH submitted ternal Revenue Code of 1986 is amended— an amendment intended to be proposed SEC. 102. PREMIUM TAX CREDIT. (1) in paragraph (2)(B)(iii), by striking ‘‘2.5 (a) PREMIUM TAX CREDIT.— by her to the bill H.R. 2810, to author- percent’’ and inserting ‘‘Zero percent’’, and (1) MODIFICATION OF DEFINITION OF QUALI- (2) in paragraph (3)— ize appropriations for fiscal year 2018 FIED HEALTH PLAN.— for military activities of the Depart- (A) by striking ‘‘$695’’ in subparagraph (A) (A) IN GENERAL.—Section 36B(c)(3)(A) of and inserting ‘‘$0’’, and ment of Defense, for military construc- the Internal Revenue Code of 1986 is amended (B) by striking subparagraph (D). tion, and for defense activities of the by inserting before the period at the end the (b) EFFECTIVE DATE.—The amendments Department of Energy, to prescribe following: ‘‘or a plan that includes coverage made by this section shall apply to months military personnel strengths for such for abortions (other than any abortion nec- beginning after December 31, 2015. essary to save the life of the mother or any fiscal year, and for other purposes; SEC. 105. EMPLOYER MANDATE. abortion with respect to a pregnancy that is (a) IN GENERAL.— which was ordered to lie on the table; the result of an act of rape or incest)’’. as follows: (1) Paragraph (1) of section 4980H(c) of the (B) EFFECTIVE DATE.—The amendment Internal Revenue Code of 1986 is amended by At the end of subtitle J of title VIII, add made by this paragraph shall apply to tax- inserting ‘‘($0 in the case of months begin- the following: able years beginning after December 31, 2017. ning after December 31, 2015)’’ after ‘‘$2,000’’. SEC. 899D. INCLUSION OF SBIR AND STTR PRO- (2) REPEAL.— (2) Paragraph (1) of section 4980H(b) of the GRAMS IN TECHNICAL ASSISTANCE. (A) IN GENERAL.—Subpart C of part IV of Internal Revenue Code of 1986 is amended by Section 2418(c) of title 10, United States subchapter A of chapter 1 of the Internal inserting ‘‘($0 in the case of months begin- Code, is amended— Revenue Code of 1986 is amended by striking ning after December 31, 2015)’’ after ‘‘$3,000’’. (1) by striking ‘‘issued under’’ and insert- section 36B. (b) EFFECTIVE DATE.—The amendments ing the following: ‘‘issued— (B) EFFECTIVE DATE.—The amendment made by this section shall apply to months ‘‘(1) under’’; made by this paragraph shall apply to tax- beginning after December 31, 2015. (2) by striking ‘‘and on’’ and inserting ‘‘, able years beginning after December 31, 2019. SEC. 106. FEDERAL PAYMENTS TO STATES. and on’’; (b) REPEAL OF ELIGIBILITY DETERMINA- (a) IN GENERAL.—Notwithstanding section (3) by striking ‘‘requirements.’’ and insert- TIONS.— 504(a), 1902(a)(23), 1903(a), 2002, 2005(a)(4), ing ‘‘requirements; and’’; and (1) IN GENERAL.—The following sections of 2102(a)(7), or 2105(a)(1) of the Social Security (4) by adding at the end the following new the Patient Protection and Affordable Care Act (42 U.S.C. 704(a), 1396a(a)(23), 1396b(a), paragraph: Act are repealed: 1397a, 1397d(a)(4), 1397bb(a)(7), 1397ee(a)(1)), or ‘‘(2) under section 9 of the Small Business (A) Section 1411 (other than subsection (i), the terms of any Medicaid waiver in effect on Act (15 U.S.C. 638), and on compliance with the last sentence of subsection (e)(4)(A)(ii), the date of enactment of this Act that is ap- those requirements.’’. and such provisions of such section solely to proved under section 1115 or 1915 of the So- the extent related to the application of the cial Security Act (42 U.S.C. 1315, 1396n), for SA 279. Mr. PAUL submitted an last sentence of subsection (e)(4)(A)(ii)). the 1-year period beginning on the date of amendment intended to be proposed by (B) Section 1412. enactment of this Act, no Federal funds pro- him to the bill H.R. 1628, to provide for (2) EFFECTIVE DATE.—The repeals in para- vided from a program referred to in this sub- reconciliation pursuant to title II of graph (1) shall take effect on January 1, 2020. section that is considered direct spending for (c) PROTECTING AMERICANS BY REPEAL OF any year may be made available to a State the concurrent resolution on the budg- DISCLOSURE AUTHORITY TO CARRY OUT ELIGI- et for fiscal year 2017; which was or- for payments to a prohibited entity, whether BILITY REQUIREMENTS FOR CERTAIN PRO- made directly to the prohibited entity or dered to lie on the table; as follows: GRAMS.— through a managed care organization under At the appropriate place, insert the fol- (1) IN GENERAL.—Paragraph (21) of section contract with the State. lowing: 6103(l) of the Internal Revenue Code of 1986 is (b) DEFINITIONS.—In this section: SEC. ll. PROTECTION OF SECOND AMENDMENT amended by adding at the end the following (1) PROHIBITED ENTITY.—The term ‘‘prohib- RIGHTS. new subparagraph: ited entity’’ means an entity, including its (a) ENSURING THE QUALITY OF CARE.—Sec- ‘‘(D) TERMINATION.—No disclosure may be affiliates, subsidiaries, successors, and clin- tion 2717(c) of the Public Health Service Act made under this paragraph after December ics— (42 U.S.C. 300gg–17(c)) is amended by insert- 31, 2019.’’. (A) that, as of the date of enactment of ing ‘‘, or the Better Care Reconciliation Act (2) EFFECTIVE DATE.—The amendment this Act— of 2017 or an amendment made by that Act,’’ made by paragraph (1) shall take effect on (i) is an organization described in section after ‘‘the Patient Protection and Affordable January 1, 2020. 501(c)(3) of the Internal Revenue Code of 1986 Care Act or an amendment made by that SEC. 103. SMALL BUSINESS TAX CREDIT. and exempt from tax under section 501(a) of Act’’ each place that term appears. (a) SUNSET.— such Code;

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.049 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4223 (ii) is an essential community provider de- apply to taxable years beginning after De- SEC. 117. REPEAL OF CHRONIC CARE TAX. scribed in section 156.235 of title 45, Code of cember 31, 2025, and chapter 43 of the Inter- (a) IN GENERAL.—Subsection (a) of section Federal Regulations (as in effect on the date nal Revenue Code of 1986 is amended to read 213 of the Internal Revenue Code of 1986 is of enactment of this Act), that is primarily as such chapter would read if such sub- amended by striking ‘‘10 percent’’ and insert- engaged in family planning services, repro- section had never been enacted. ing ‘‘7.5 percent’’. ductive health, and related medical care; and SEC. 110. REPEAL OF TAX ON OVER-THE- (b) EFFECTIVE DATE.—The amendment (iii) provides for abortions, other than an COUNTER MEDICATIONS. made by this section shall apply to taxable abortion— (a) HSAS.—Subparagraph (A) of section years beginning after December 31, 2016. (I) if the pregnancy is the result of an act 223(d)(2) of the Internal Revenue Code of 1986 SEC. 118. REPEAL OF MEDICARE TAX INCREASE. of rape or incest; or is amended by striking ‘‘Such term’’ and all (a) IN GENERAL.—Subsection (b) of section (II) in the case where a woman suffers from that follows through the period. 3101 of the Internal Revenue Code of 1986 is (b) ARCHER MSAS.—Subparagraph (A) of a physical disorder, physical injury, or phys- amended to read as follows: section 220(d)(2) of the Internal Revenue ical illness that would, as certified by a phy- ‘‘(b) HOSPITAL INSURANCE.—In addition to Code of 1986 is amended by striking ‘‘Such sician, place the woman in danger of death the tax imposed by the preceding subsection, term’’ and all that follows through the pe- unless an abortion is performed, including a there is hereby imposed on the income of riod. life-endangering physical condition caused every individual a tax equal to 1.45 percent (c) HEALTH FLEXIBLE SPENDING ARRANGE- by or arising from the pregnancy itself; and of the wages (as defined in section 3121(a)) re- MENTS AND HEALTH REIMBURSEMENT AR- (B) for which the total amount of Federal ceived by such individual with respect to em- RANGEMENTS.—Section 106 of the Internal and State expenditures under the Medicaid Revenue Code of 1986 is amended by striking ployment (as defined in section 3121(b).’’. program under title XIX of the Social Secu- subsection (f). (b) SECA.—Subsection (b) of section 1401 of rity Act in fiscal year 2014 made directly to (d) EFFECTIVE DATES.— the Internal Revenue Code of 1986 is amended the entity and to any affiliates, subsidiaries, (1) DISTRIBUTIONS FROM SAVINGS AC- to read as follows: successors, or clinics of the entity, or made COUNTS.—The amendments made by sub- ‘‘(b) HOSPITAL INSURANCE.—In addition to to the entity and to any affiliates, subsidi- sections (a) and (b) shall apply to amounts the tax imposed by the preceding subsection, aries, successors, or clinics of the entity as paid with respect to taxable years beginning there shall be imposed for each taxable year, part of a nationwide health care provider after December 31, 2016. on the self-employment income of every in- network, exceeded $1,000,000. (2) REIMBURSEMENTS.—The amendment dividual, a tax equal to 2.9 percent of the (2) DIRECT SPENDING.—The term ‘‘direct made by subsection (c) shall apply to ex- amount of the self-employment income for spending’’ has the meaning given that term penses incurred with respect to taxable years such taxable year.’’. under section 250(c) of the Balanced Budget beginning after December 31, 2016. (c) EFFECTIVE DATE.—The amendments and Emergency Deficit Control Act of 1985 (2 SEC. 111. REPEAL OF TAX ON HEALTH SAVINGS made by this section shall apply with respect U.S.C. 900(c)). ACCOUNTS. to remuneration received after, and taxable SEC. 107. MEDICAID. (a) HSAS.—Section 223(f)(4)(A) of the Inter- years beginning after, December 31, 2017. The Social Security Act (42 U.S.C. 301 et nal Revenue Code of 1986 is amended by SEC. 119. REPEAL OF TANNING TAX. seq.) is amended— striking ‘‘20 percent’’ and inserting ‘‘10 per- (a) IN GENERAL.—The Internal Revenue (1) in section 1902— cent’’. Code of 1986 is amended by striking chapter (A) in subsection (a)(10)(A), in each of (b) ARCHER MSAS.—Section 220(f)(4)(A) of 49. clauses (i)(VIII) and (ii)(XX), by inserting the Internal Revenue Code of 1986 is amended (b) EFFECTIVE DATE.—The amendment ‘‘and ending December 31, 2019,’’ after ‘‘Janu- by striking ‘‘20 percent’’ and inserting ‘‘15 made by this section shall apply to services ary 1, 2014,’’; and percent’’. performed after September 30, 2017. FFECTIVE ATE (B) in subsection (a)(47)(B), by inserting (c) E D .—The amendments SEC. 120. REPEAL OF NET INVESTMENT TAX. ‘‘and provided that any such election shall made by this section shall apply to distribu- (a) IN GENERAL.—Subtitle A of the Internal tions made after December 31, 2016. cease to be effective on January 1, 2020, and Revenue Code of 1986 is amended by striking no such election shall be made after that SEC. 112. REPEAL OF LIMITATIONS ON CON- chapter 2A. date’’ before the semicolon at the end; TRIBUTIONS TO FLEXIBLE SPEND- (b) EFFECTIVE DATE.—The amendment (2) in section 1905— ING ACCOUNTS. (a) IN GENERAL.—Section 125 of the Inter- made by this section shall apply to taxable (A) in the first sentence of subsection (b), years beginning after December 31, 2016. by inserting ‘‘(50 percent on or after January nal Revenue Code of 1986 is amended by 1, 2020)’’ after ‘‘55 percent’’; striking subsection (i). SEC. 121. REMUNERATION. (B) in subsection (y)(1), by striking the (b) EFFECTIVE DATE.—The amendment Paragraph (6) of section 162(m) of the In- semicolon at the end of subparagraph (D) and made by this section shall apply to plan ternal Revenue Code of 1986 is amended by all that follows through ‘‘thereafter’’; and years beginning after December 31, 2017. adding at the end the following new subpara- (C) in subsection (z)(2)— SEC. 113. REPEAL OF TAX ON PRESCRIPTION graph: (i) in subparagraph (A), by inserting MEDICATIONS. ‘‘(I) TERMINATION.—This paragraph shall ‘‘through 2019’’ after ‘‘each year thereafter’’; Subsection (j) of section 9008 of the Patient not apply to taxable years beginning after and Protection and Affordable Care Act is December 31, 2016.’’. (ii) in subparagraph (B)(ii)(VI), by striking amended to read as follows: TITLE II ‘‘(j) REPEAL.—This section shall apply to ‘‘and each subsequent year’’; calendar years beginning after December 31, SEC. 201. THE PREVENTION AND PUBLIC HEALTH (3) in section 1915(k)(2), by striking ‘‘during 2010, and ending before January 1, 2018.’’. FUND. the period described in paragraph (1)’’ and in- Subsection (b) of section 4002 of the Pa- serting ‘‘on or after the date referred to in SEC. 114. REPEAL OF MEDICAL DEVICE EXCISE TAX. tient Protection and Affordable Care Act (42 paragraph (1) and before January 1, 2020’’; Section 4191 of the Internal Revenue Code U.S.C. 300u–11) is amended— (4) in section 1920(e), by adding at the end of 1986 is amended by adding at the end the (1) in paragraph (3), by striking ‘‘each of the following: ‘‘This subsection shall not following new subsection: fiscal years 2018 and 2019’’ and inserting ‘‘fis- apply after December 31, 2019.’’; ‘‘(d) APPLICABILITY.—The tax imposed cal year 2018’’; and (5) in section 1937(b)(5), by adding at the under subsection (a) shall not apply to sales (2) by striking paragraphs (4) through (8). end the following: ‘‘This paragraph shall not after December 31, 2017.’’. SEC. 202. SUPPORT FOR STATE RESPONSE TO apply after December 31, 2019.’’; and SEC. 115. REPEAL OF HEALTH INSURANCE TAX. SUBSTANCE ABUSE PUBLIC HEALTH (6) in section 1943(a), by inserting ‘‘and be- Subsection (j) of section 9010 of the Patient CRISIS AND URGENT MENTAL fore January 1, 2020,’’ after ‘‘January 1, Protection and Affordable Care Act is HEALTH NEEDS. 2014,’’. amended by striking ‘‘, and’’ at the end of (a) IN GENERAL.—There are authorized to SEC. 108. REPEAL OF DSH ALLOTMENT REDUC- paragraph (1) and all that follows through be appropriated, and are appropriated, out of TIONS. ‘‘2017’’. monies in the Treasury not otherwise obli- Section 1923(f) of the Social Security Act SEC. 116. REPEAL OF ELIMINATION OF DEDUC- gated, $750,000,000 for each of fiscal years 2018 (42 U.S.C. 1396r–4(f)) is amended by striking TION FOR EXPENSES ALLOCABLE TO and 2019, to the Secretary of Health and paragraphs (7) and (8). MEDICARE PART D SUBSIDY. Human Services (referred to in this section SEC. 109. REPEAL OF THE TAX ON EMPLOYEE (a) IN GENERAL.—Section 139A of the Inter- as the ‘‘Secretary’’) to award grants to HEALTH INSURANCE PREMIUMS nal Revenue Code of 1986 is amended by add- States to address the substance abuse public AND HEALTH PLAN BENEFITS. ing at the end the following new sentence: health crisis or to respond to urgent mental (a) IN GENERAL.—Chapter 43 of the Internal ‘‘This section shall not be taken into ac- health needs within the State. In awarding Revenue Code of 1986 is amended by striking count for purposes of determining whether grants under this section, the Secretary may section 4980I. any deduction is allowable with respect to give preference to States with an incidence (b) EFFECTIVE DATE.—The amendment any cost taken into account in determining or prevalence of substance use disorders that made by subsection (a) shall apply to taxable such payment.’’. is substantial relative to other States or to years beginning after December 31, 2019. (b) EFFECTIVE DATE.—The amendment States that identify mental health needs (c) SUBSEQUENT EFFECTIVE DATE.—The made by this section shall apply to taxable within their communities that are urgent amendment made by subsection (a) shall not years beginning after December 31, 2016. relative to such needs of other States. Funds

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.049 S25JYPT1 S4224 CONGRESSIONAL RECORD — SENATE July 25, 2017 appropriated under this subsection shall re- 106 Dirksen Senate Office Building, in The PRESIDING OFFICER. Without main available until expended. order to conduct a hearing entitled objection, it is so ordered. (b) USE OF FUNDS.—Grants awarded to a ‘‘Commodities, Credit, and Crop Insur- f State under subsection (a) shall be used for ance: Perspectives on Risk Manage- one or more of the following public health- ORDERS FOR WEDNESDAY, JULY related activities: ment Tools and Trends for the 2018 (1) Improving State prescription drug mon- Farm Bill.’’ 26, 2017 itoring programs. COMMITTEE ON THE JUDICIARY Mr. ENZI. Mr. President, I ask unani- (2) Implementing prevention activities, The Committee on the Judiciary is mous consent that when the Senate and evaluating such activities to identify ef- authorized to meet during the session completes its business today, it ad- fective strategies to prevent substance of the Senate on July 25, 2017, at 10 journ until 9:30 a.m., Wednesday, July abuse. (3) Training for health care practitioners, a.m., in room SD–226 of the Dirksen 26; that following the prayer and such as best practices for prescribing opioids, Senate Office Building, to conduct a pledge, the morning hour be deemed pain management, recognizing potential hearing entitled ‘‘Nominations.’’ expired, the Journal of proceedings be cases of substance abuse, referral of patients COMMITTEE ON INTELLIGENCE approved to date, the time for the two to treatment programs, and overdose preven- The Senate Select Committee on In- leaders be reserved for their use later tion. telligence is authorized to meet during in the day, and morning business be (4) Supporting access to health care serv- the session of the 115th Congress of the closed; further, that following leader ices provided by Federally certified opioid remarks, the Senate resume consider- treatment programs or other appropriate U.S. Senate on Tuesday, July 25, 2017 health care providers to treat substance use from 2:30 pm, in room SH–219 of the ation of H.R. 1628, with the time until disorders or mental health needs. Senate Hart Office Building to hold a 11:30 a.m. equally divided between the (5) Other public health-related activities, Closed Business Meeting followed by a two leaders or their designees; finally, as the State determines appropriate, related Closed Member Briefing. that the previous order with respect to to addressing the substance abuse public SUBCOMMITTEE ON SEAPOWER the vote time in relation to amend- health crisis or responding to urgent mental ment No. 271 be modified to occur at health needs within the State. The Subcommittee on Seapower of the Committee on Armed Services is 11:30 a.m. tomorrow, and the vote on SEC. 203. COMMUNITY HEALTH CENTER PRO- authorized to meet during the session the pending motion to commit occur at GRAM. 3:30 p.m. tomorrow, with all other pro- Effective as if included in the enactment of of the Senate on Tuesday, July 25, 2017, the Medicare Access and CHIP Reauthoriza- at 2:30 p.m., in open session, to receive visions remaining in effect. tion Act of 2015 (Public Law 114–10, 129 Stat. testimony on options and consider- The PRESIDING OFFICER. Without 87), paragraph (1) of section 221(a) of such ations for achieving a 355-ship Navy objection, it is so ordered. Act is amended by inserting ‘‘, and an addi- from naval analysts. f tional $422,000,000 for fiscal year 2017’’ after SUBCOMMITTEE ON OCEAN, ATMOSPHERE, ‘‘2017’’. ADJOURNMENT UNTIL 9:30 A.M. FISHERIES, AND COAST GUARD SEC. 204. FUNDING FOR COST-SHARING PAY- TOMORROW MENTS. The Committee on Commerce, Mr. ENZI. Mr. President, if there is There is appropriated to the Secretary of Science, and Transportation is author- Health and Human Services, out of any ized to hold a meeting during the ses- no further business to come before the money in the Treasury not otherwise appro- sion of the Senate on Tuesday, July 25, Senate, I ask unanimous consent that priated, such sums as may be necessary for 2017, at 10 AM in room 253 of the Rus- it stand adjourned under the previous payments for cost-sharing reductions au- sell Senate Office Building. The Com- order. thorized by the Patient Protection and Af- mittee will hold Subcommittee Hear- There being no objection, the Senate, fordable Care Act (including adjustments to ing on ‘‘Efforts on Marine Debris in the at 9:58 p.m., adjourned until Wednes- any prior obligations for such payments) for day, July 26, 2017, at 9:30 a.m. the period beginning on the date of enact- Oceans and Great Lakes.’’ ment of this Act and ending on December 31, SUBCOMMITTEE ON CLEAN AIR AND NUCLEAR f 2019. Notwithstanding any other provision of SAFETY this Act, payments and other actions for ad- The Subcommittee on Clean air and NOMINATIONS justments to any obligations incurred for Nuclear Safety of the Committee on Executive nominations received by plan years 2018 and 2019 may be made Environment and Public Works be au- the Senate: through December 31, 2020. thorized to meet during the session of DEPARTMENT OF AGRICULTURE SEC. 205. REPEAL OF COST-SHARING SUBSIDY the Senate on Tuesday, July 25, 2017, at PROGRAM. SAMUEL H. CLOVIS, JR., OF IOWA, TO BE UNDER SEC- 10 AM, in Room 406 of the Dirksen Sen- RETARY OF AGRICULTURE FOR RESEARCH, EDUCATION, (a) IN GENERAL.—Section 1402 of the Pa- AND ECONOMICS, VICE CATHERINE E. WOTEKI. tient Protection and Affordable Care Act (42 ate office building, to conduct a hear- DEPARTMENT OF DEFENSE U.S.C. 18071) is repealed. ing entitled, ‘‘Developing and Deploy- (b) EFFECTIVE DATE.—The repeal made by ing Advanced Clean Energy Tech- MARK T. ESPER, OF VIRGINIA, TO BE SECRETARY OF THE ARMY, VICE ERIC K. FANNING. subsection (a) shall apply to cost-sharing re- nologies.’’ ANTHONY KURTA, OF MONTANA, TO BE A PRINCIPAL DEPUTY UNDER SECRETARY OF DEFENSE, VICE LAURA ductions (and payments to issuers for such SUBCOMMITTEE ON EAST ASIA, THE PACIFIC, AND reductions) for plan years beginning after JUNOR, RESIGNED. INTERNATIONAL CYBER SECURITY POLICY ROBERT L. WILKIE, OF NORTH CAROLINA, TO BE UNDER December 31, 2019. SECRETARY OF DEFENSE FOR PERSONNEL AND READI- The Committee on Foreign Relations NESS, VICE JESSICA GARFOLA WRIGHT, RESIGNED. f Subcommittee on East Asia, the Pa- DEPARTMENT OF THE INTERIOR cific, and International Cyber Security AUTHORITY FOR COMMITTEES TO JOSEPH BALASH, OF ALASKA, TO BE AN ASSISTANT MEET Policy is authorized to meet during the SECRETARY OF THE INTERIOR, VICE JANICE MARION session of the Senate on Tuesday, July SCHNEIDER. Mr. ENZI. Mr. President, I have 7 re- 25, 2017 at 2:30 p.m., to hold a hearing DEPARTMENT OF STATE quests for committees to meet during entitled ‘‘Assessing the Maximum KATHLEEN M. FITZPATRICK, OF THE DISTRICT OF CO- today’s session of the Senate. They Pressure and Engagement Policy to- LUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN have the approval of the Majority and SERVICE, CLASS OF MINISTER–COUNSELOR, TO BE AM- ward North Korea.’’ BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF Minority leaders. THE UNITED STATES OF AMERICA TO THE DEMOCRATIC f Pursuant to rule XXVI, paragraph REPUBLIC OF TIMOR–LESTE. A. WESS MITCHELL, OF VIRGINIA, TO BE AN ASSISTANT 5(a), of the Standing Rules of the Sen- PRIVILEGES OF THE FLOOR SECRETARY OF STATE (EUROPEAN AND EURASIAN AF- ate, the following committees are au- Mr. ENZI. Mr. President, I ask unani- FAIRS), VICE VICTORIA NULAND. thorized to meet during today’s session mous consent that Paul Vinovich and DEPARTMENT OF HOMELAND SECURITY of the Senate: Greg D’Angelo, from my staff, be given DANIEL ALAN CRAIG, OF MARYLAND, TO BE DEPUTY ADMINISTRATOR, FEDERAL EMERGENCY MANAGEMENT COMMITTEE ON AGRICULTURE, NUTRITION, AND all-access floor passes to the Senate AGENCY, DEPARTMENT OF HOMELAND SECURITY, VICE FORESTRY floor and that Robert Creager, Tiffany JOSEPH L. NIMMICH. The Committee on Agriculture, Nu- Mortimore, Sean Ross, and Sam Safari, IN THE ARMY trition, and Forestry is authorized to interns for the Budget Committee, be THE FOLLOWING NAMED OFFICER FOR APPOINTMENT meet during the session of the Senate granted floor privileges during the con- IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND on Tuesday, July 25, 2017 at 8:30 am, in sideration of H.R. 1628. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 0624 Sfmt 9801 E:\CR\FM\A25JY6.049 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — SENATE S4225 To be lieutenant general To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY LT. GEN. ROBERT P. ASHLEY, JR. COL. BRIAN E. MILLER UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant commander IN THE RESERVE OF THE ARMY TO THE GRADE INDI- IN THE NAVY MORGAN E. MCCLELLAN CATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE GRADE INDICATED IN THE REGULAR NAVY To be major general UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 531: BRIG. GEN. DARRELL J. GUTHRIE To be lieutenant commander To be lieutenant commander THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADE INDI- CLAIR E. SMITH ANDREW B. BRIDGFORTH CATED UNDER TITLE 10, U.S.C., SECTION 12203: RONALD J. MITCHELL

VerDate Sep 11 2014 05:26 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 9801 E:\CR\FM\A25JY6.016 S25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1043 EXTENSIONS OF REMARKS

CONGRATS DAVID MORGAN Again, I want to extend my congratulations HONORING THE LIFE OF MR. to The Church of Our Lord Jesus Christ for 98 VICTOR G. MCNETT HON. FRANCIS ROONEY years of faith based service, and I hope that OF FLORIDA during their visit to Birmingham, they are in- HON. JOHN KATKO IN THE HOUSE OF REPRESENTATIVES spired by the great civil rights history of the OF NEW YORK Tuesday, July 25, 2017 Magic City. IN THE HOUSE OF REPRESENTATIVES f Mr. FRANCIS ROONEY of Florida. Mr. Tuesday, July 25, 2017 Speaker, I rise today to recognize David Mor- HONORING THE WENTZVILLE Mr. KATKO. Mr. Speaker, I rise today to gan of Naples, Florida. David is a rising senior CIVIL AIR PATROL ON THEIR NU- honor the life of Syracuse native Mr. Victor G. at Seacrest Country Day School and has com- MEROUS ACCOMPLISHMENTS McNett. mitted to play golf at the University of Virginia. DURING THE PAST YEAR Mr. McNett served with his brother in the This past week, David advanced to the U.S. Army’s 27th Infantry Division during match play round at the 70th U.S. Junior Ama- HON. BLAINE LUETKEMEYER World War II in Pearl Harbor, Saipan, and Oki- teur Championship at Flint Hills National Golf nawa. Mr. McNett then returned home and OF MISSOURI Club in Andover, Kansas. For 70 years, the joined the Syracuse Police Department, where IN THE HOUSE OF REPRESENTATIVES USGA has organized the U.S. Junior Amateur he served in the department’s crime laboratory Championship for players under the age of 19. Tuesday, July 25, 2017 as a photographer, search technician, and fin- It is designed to determine the best junior golf- Mr. LUETKEMEYER. Mr. Speaker, I rise gerprint analyst. Mr. McNett later became the er in the United States. He was one of just 64 today to honor the Wentzville Civil Air Patrol Director of the Crime Laboratory before retir- golfers in the entire country to advance to this on their numerous accomplishments during ing as a Lieutenant in the Syracuse Police De- stage, achieving a dream held by every young the past year. partment in 1973. Mr. McNett served Central golfer. This was truly an extraordinary accom- In 2016, the Wentzville Civil Air Patrol New York diligently as a member of the Syra- plishment. served as an outstanding organization from cuse Police Department, and was honored I congratulate David and wish him the best Missouri’s Third Congressional District. In Oc- with numerous awards throughout his 27 of luck during his senior-year season as well tober, the group attended the 2016 Wing Con- years of service. as in his future at Virginia as a student-athlete. ference where it received numerous awards Mr. McNett was predeceased in death by f including the Quality Unit Award, the Squad- his wife of 43 years, Virginia McNett, and ron Commander of the Year award, the Cadet daughter, Susan McNett. He is survived by CONGRATULATING THE CHURCH three children: Linda, Eric, and Douglas OF OUR LORD JESUS CHRIST ON Program of the Year award, and the Squadron of the Year award. In addition to these McNett; six grandchildren; two great- 98 SUCCESSFUL YEARS OF WOR- grandsons; his brother, Duane; and sister, SHIP awards, it was named Squadron of Distinction for the North Central Region. This distin- Phyllis. guished title requires competing against 25 Mr. McNett’s love for country and family HON. TERRI A. SEWELL other squadrons in Missouri then against the never faltered over the course of his life. He OF ALABAMA winners of seven other states at the national decided to share that love with the world in his IN THE HOUSE OF REPRESENTATIVES level. Recently, the Wentzville Civil Air Patrol memoir, ‘‘Victor G. McNett, A Life of Service Tuesday, July 25, 2017 competed at the National Cadet Competition to Country, City, and Family.’’ May Mr. Victor G. McNett’s name and legacy forever be re- Ms. SEWELL of Alabama. Mr. Speaker, I against 15 teams from across the United membered, and may he rest peacefully. rise today to celebrate the 98th anniversary of States. The group performed admirably and the founding of The Church of Our Lord Jesus achieved 2nd Place in Robotics, the 2nd Place f Christ, and welcome them to Birmingham, Ala- Team Leadership Award, and the Overall IN RECOGNITION OF ALEXANDER bama for their 98th International Holy Con- Team Spirit Award. POZIN, WORLD WAR II VETERAN vocation. Since its founding in 1919, the The Wentzville Civil Air Patrol comes from church has strengthened communities across an outstanding tradition of service and protec- HON. JOHN H. RUTHERFORD tion. The Civil Air Patrol was founded on De- America, and diligently worked towards uniting OF FLORIDA cember 1, 1941 and the Cadet Program start- all of God’s Children. IN THE HOUSE OF REPRESENTATIVES Beginning in 1914, the late Bishop Lawson ed October 1, 1942. On February 1, 1982, the was drawn to the ministry, and began to tena- Wentzville Composite Squadron was chartered Tuesday, July 25, 2017 ciously spread the word of God. A few short under Commander Frank Lancaster. The Mr. RUTHERFORD. Mr. Speaker, I rise years later in 1919, Bishop Lawson moved to membership roster includes 48 active mem- today to ask the United States House of Rep- New York City and founded the Refuge bers, 30 cadets, and 18 senior members who resentatives to join me in recognizing Mr. Church of Christ, which ultimately transformed meet every Monday. Alexander Pozin, a World War II veteran, who into the Church of Our Lord Jesus Christ. The The members of Wentzville Civil Patrol are recently celebrated his 100th birthday. congregation grew rapidly and is still wel- dedicated to the local community. Historically, Alexander Pozin was born on May 1st, coming new members from across the world the organization has assisted the St. Charles 1917, in Odessa, Ukraine. That same year in into its family with open hearts. County Fair Board with parking cars during the Russia, the Communist Revolution took place, Faith based communities were central in ad- fair, volunteered during Living Lord Lutheran leaving the Pozin family in a state of poverty. vancing civil rights and voting rights in our Church’s ‘‘Back to School’’ event, presented After working many different jobs to provide country 50 years ago, and continue the fight the colors for the Veterans Day event at Herit- for his family, Pozin graduated from law for social justice. I have the honor of rep- age Elementary School in Wentzville, and school in 1939, and went on to become a suc- resenting Alabama’s 7th Congressional Dis- worked alongside Wreaths Across America cessful lawyer. However, in June of 1944, trict, which is also known as the Civil Rights during their ceremonies at the Wentzville and Pozin was called to serve in the Russian Army District—including historic cities such as Bir- Wright City Cemeteries. as a fighter and bomber pilot in the 210th Divi- mingham, Montgomery, and my hometown of Mr. Speaker, I ask you to join me in con- sion of the Soviet Air Force. By the end of the Selma. While in Congress, I continue to derive gratulating Wentzville Civil Air Patrol on their war, Pozin had reached the rank of Lieutenant inspiration from the faith leaders and foot sol- accomplishments. The commitment of this or- Colonel, and had earned 18 medals from the diers of the Civil Rights and Voting Rights ganization to each other and their community Soviet government. Movements, many of whom are my constitu- deserves our utmost appreciation and grati- Following his career in the military, Mr. ents. tude. Pozin moved to the United States. He became

∑ 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 06:36 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K25JY8.001 E25JYPT1 E1044 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2017 a professor at Stenson University, where he Roll Call votes 407, 408, and 409 on Monday, part in the 10th Annual Brotherhood Ride to specialized in Slavic languages. July 24, 2017. Had I been present, I would honor the 20 first-responders who fell in the Today, Mr. Pozin is a resident of St. Augus- have voted Nay on Roll Call votes 407 and line of duty in 2016. This weeklong ride start- tine, Florida. Here, his philanthropic endeavors 408. I would have also voted Yea on Roll Call ed in North Naples and will finish in South have had a valuable and visible impact on the vote 409. Miami. St. Augustine community. He has volunteered f The purpose of this 600-mile ride is to bring with Learn to Read St. Johns County, and the awareness and support for the first-respond- Council on Aging’s Senior Center in St. Au- IN RECOGNITION OF THE 50TH AN- ers’ fallen colleagues. Over the last decade, gustine. It is within these organizations that NIVERSARY OF THE SCHUYLKILL the group has raised over $379,000 for the Mr. Pozin has connected with other individuals AREA COMMUNITY FOUNDATION families of our fallen heroes. Lt. Wilson has who weathered the storm of World War II, and participated in every ride this group has com- shared his heroic and inspiring story. HON. pleted. Mr. Speaker, I applaud Mr. Alexander Pozin OF PENNSYLVANIA We are fortunate to have leaders like Lt. for his service in World War II, and for his IN THE HOUSE OF REPRESENTATIVES Wilson serve our community. I thank him and commitment to philanthropy and his commu- all our first-responders for making Collier and Tuesday, July 25, 2017 nity. Lee counties the perfect place to live. f Mr. CARTWRIGHT. Mr. Speaker, I rise f today to honor the Schuylkill Area Community PERSONAL EXPLANATION Foundation, which celebrated its 50th anniver- RECOGNIZING JONATHAN FELD sary on July 19. For 50 years, the Schuylkill HON. THOMAS J. ROONEY Area Community Foundation has worked with HON. KEN BUCK OF FLORIDA individuals, businesses, and professional advi- OF COLORADO IN THE HOUSE OF REPRESENTATIVES sors to help nonprofit organizations and resi- IN THE HOUSE OF REPRESENTATIVES Tuesday, July 25, 2017 dents in Schuylkill County. Tuesday, July 25, 2017 On January 16, 1967, the Schuylkill Com- Mr. THOMAS J. ROONEY of Florida. I was munity Foundation was established as Ash- Mr. BUCK. Mr. Speaker, I rise today to rec- not present for these Roll Call votes. land Trust by founding members Frederick T. ognize Jonathan Feld for his hard work and Had I been present, I would have voted Kull, Wesley T. Fetterolf, Harry Strouse, and dedication to the people of Colorado’s Fourth YEA on Roll Call No. 407, YEA on Roll Call Emil R. Ermert. In 1997, Ashland Trusts was District as an intern in my Washington, D.C. No. 408, and YEA on Roll Call No. 409. renamed the Schuylkill Area Community Foun- office for the Summer of 2017. f dation as it expanded its operations to include The work of this young man has been ex- emplary, and I know he has a bright future. He CELEBRATING THE LIFE OF MI- all of Schuylkill County. Its mission is to serve the interests of its philanthropic donors and to served as a tour guide, interacted with con- CHAEL BECKER, FOUNDER OF stituents, and learned a great deal about our HELLO GORGEOUS! be stewards of the financial gifts that support the community in a wide variety of ways. nation’s legislative process. I was glad to be The Schuylkill Area Community Foundation able to offer this educational opportunity, and HON. JACKIE WALORSKI envisions a county that embraces philanthropy look forward to seeing him build his career in OF INDIANA to sustain generations today and tomorrow. public service. IN THE HOUSE OF REPRESENTATIVES Today, the Schuylkill Community Foundation Jonathan plans to continue pursuing his de- Tuesday, July 25, 2017 develops, manages, and distributes aid to gree at the end of this internship. I wish him the best as he pursues his career path. Mr. Mrs. WALORSKI. Mr. Speaker, I rise today meet the present and coming needs of the county’s residents. It currently manages 162 Speaker, it is an honor to recognize Jonathan to honor the life of Michael Becker and to cel- Feld for his service the last several months to ebrate the positive impact he had on our com- charitable endowment funds that vary in inter- ests and causes. Supporters of all kinds find the people of Colorado’s 4th district. munity. f In 2006, Michael and his wife Kim founded that working with the Foundation is an ideal the non-profit Hello Gorgeous!, which brings way for them to give back to their community. PERSONAL EXPLANATION joy to women fighting cancer by giving them a It is an honor to recognize the Schuylkill red-carpet experience complete with a Community Foundation as it celebrates its HON. ROGER WILLIAMS 50th year of service to the people of Schuylkill makeover and spa. OF TEXAS County. May the Foundation continue to assist Reaching 15 states with mobile day-spas IN THE HOUSE OF REPRESENTATIVES and affiliate salons, Hello Gorgeous! has pro- in the cultivation of a better life in the county Tuesday, July 25, 2017 vided unforgettable experiences to thousands for many years to come. of women all over the country. f Mr. WILLIAMS. Mr. Speaker, I was unable The organization Michael and Kim built to- to vote on Roll Call No. 407, 408 and 409. PERSONAL EXPLANATION gether and the mission they devoted them- Had I been present, I would have voted YEA selves to brings happiness and hope where it on Roll Call No. 407, YEA on Roll Call No. is needed most. HON. SAM GRAVES 408, and YEA on Roll Call No. 409. Their passion, drive, and faith inspire us all, OF MISSOURI f and their selfless generosity is an example we IN THE HOUSE OF REPRESENTATIVES RECOGNITION OF MR. YA THAO should strive to follow. Tuesday, July 25, 2017 Mr. Speaker, it is an honor and a privilege MOUA to represent such kind and giving people. Mi- Mr. GRAVES of Missouri. Mr. Speaker, on chael lived a life full of love, laughter, and spir- July 24, 2017, I missed a series of Roll Call HON. BETTY McCOLLUM it. votes. Had I been present, I would have voted OF MINNESOTA My thoughts are with Kim and everyone at YEA on No. 407, 408, and 409. IN THE HOUSE OF REPRESENTATIVES Hello Gorgeous!, in whose work I have no f Tuesday, July 25, 2017 doubt Michael’s memory will live on. LT. SCOTT WILSON Ms. MCCOLLUM. Mr. Speaker, I rise today f to honor the life and legacy of Mr. Ya Thao PERSONAL EXPLANATION HON. FRANCIS ROONEY Moua. Mr. Moua was a constituent who OF FLORIDA passed away on July 2, 2017, at the age of HON. LUIS V. GUTIE´RREZ IN THE HOUSE OF REPRESENTATIVES 72. In 1960, at age 15, Mr. Moua joined the OF ILLINOIS Tuesday, July 25, 2017 IN THE HOUSE OF REPRESENTATIVES Auto Defense de Choc (ADC), a militia training Mr. FRANCIS ROONEY of Florida. Mr. program for the Royal Lao Armed Forces, Tuesday, July 25, 2017 Speaker, I rise in recognition of Lt. Scott Wil- backed by the Central Intelligence Agency. He Mr. GUTIE´ RREZ. Mr. Speaker, I was un- son of the Greater Naples Fire and Rescue rose in the ranks to serve as a Captain and avoidably absent in the House Chamber for District. On Sunday, July 23, Lt. Wilson took eventually as an Assistant Chief Commander.

VerDate Sep 11 2014 06:36 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K25JY8.006 E25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1045 On November 11, 1969, he sustained grave CONGRATULATING JENNIFER this chamber will tell you, Mr. Speaker, that injuries when he was struck by an ammunition LOWE, PAUL PARK, HENA RAFIQ, our local public servants are the unsung he- crate dropped by a United States aircraft on a CHRISTA SCHMIDT, AND NOELLE roes that keep our democracy running. Public routine ammunition drop. SMITH ON RECEIVING FUL- servants like Dan wake up every day in cities Mr. Moua’s military service in the Royal BRIGHT AWARDS and towns across America asking how they Kingdom of Laos in support of the U.S. efforts can help their neighbors, strengthen their com- to counter the communist offensive throughout HON. KENNY MARCHANT munities, and build better places for all of us the war is commendable. OF TEXAS to live and work. However, Mr. Speaker, Dan was no ordinary Between 1971 and 1974, Mr. Moua served IN THE HOUSE OF REPRESENTATIVES as a police officer in the city of Long Cheng. public servant. Under his leadership, an in- Tuesday, July 25, 2017 In 1974, he was elected as a Tasseng, the credible amount has been accomplished in equivalent of a county supervisor, where he Mr. MARCHANT. Mr. Speaker, I rise today Shrewsbury. A new senior center, high school led efforts to improve education, build new in- to recognize Jennifer Lowe and Christa and middle school were built. Two new fire frastructure, and conserve the environment. Schmidt of Farmers Branch, TX, Paul Park stations went up—and a third was rebuilt. Mil- Facing mounting political persecution, Mr. and Hena Rafiq of Irving, TX, and Noelle lions of dollars in improvements to water and Moua fled to Thailand in 1975. Living with his Smith of Dallas, TX, for their exemplary aca- sewer infrastructure were completed, along family in United Nations refugee camps, he demic work which earned these scholars Ful- with a renovation to the town library. Town worked for many years advocating for peace bright awards for 2016–2017. Jennifer attends center traffic and beautification projects were and freedom in Laos. Pitzer College, Christa attends Saint Olaf Col- successfully finished. Mr. Speaker, Dan has Upon resettlement to the United States in lege, Paul attends Saint John’s University in left an indelible mark on the Town of Shrews- 1994, Mr. Moua became an outstanding civic Minnesota, Hena attends the Southern Meth- bury. leader. He served the Hmong American com- odist University, and Noelle attends Davidson However, it isn’t only what Dan accom- munity in Minnesota in a variety of important College. plished in Shrewsbury that brings me here capacities. Established by Congress in 1946, the Ful- today, it’s how he did it. From candid con- Born on August 4, 1945 in the village of bright program selects U.S. citizens to further versations that brought everyone to the table Thum Xouan Phou Kam Npob, Mouang Xieng their knowledge in an educational exchange to stabilize health insurance costs—to making Hong, Xiengkhouang Province, Mr. Moua was program, allowing those chosen to study, re- the hard decision to fully fund pension obliga- the second child of eight siblings born to Mr. search, or teach abroad. With only 1,600 Ful- tions and put Shrewsbury on track towards fis- Cher Lue Moua and Yer Yang. bright awards going to U.S. students each cal responsibility—Dan’s impeccable char- acter, calm demeanor, and selfless values Mr. Moua was a loving husband and father. year, it is a tremendous honor for five of the serve as a model for others to follow. He is survived by his wife, Sia Xiong, 15 chil- recipients to be residents of the 24th District of Mr. Speaker, on behalf of the people of dren, and 48 grandchildren and great-grand- Texas. These recipients will be focusing on Shrewsbury, the residents of Massachusetts, children. Mr. Moua was also a devoted brother the conditions and challenges that face the re- and everyone who he has touched through and a caring uncle, including to my dear friend gions to which they will be traveling, as well years of dedicated service, thank you to Dan and former Minnesota State Senator Mee as establishing meaningful U.S. relationships Morgado. We owe you a heartfelt debt of grat- Moua. with these communities. Jennifer, Paul, Hena, Christa, and Noelle will be traveling to India, itude for all you have done and wish you great Please join me in honoring the life and leg- satisfaction in your endeavors to come. acy of Mr. Ya Thao Moua. Thailand, Kosovo, Malaysia, and Mexico, re- spectively. When these fine students return, f f they will share the wealth of knowledge and PERSONAL EXPLANATION experiences they garnered while abroad and IN RECOGNITION OF CRAIG be better equipped to excel in their fields. WRIGHT, RECIPIENT OF THE Mr. Speaker, on behalf of the 24th District of HON. JAMES B. RENACCI EMERGENCY MEDICAL SERVICE Texas, I would like to congratulate Jennifer, OF OHIO PROVIDER OF THE YEAR AWARD Paul, Hena, Christa, and Noelle again for re- IN THE HOUSE OF REPRESENTATIVES ceiving this incredibly prestigious award. I wish Tuesday, July 25, 2017 HON. JOHN H. RUTHERFORD them the best of luck with their travels, and I Mr. RENACCI. Mr. Speaker, had I been know that they will achieve greatness in their OF FLORIDA present, I would have voted YEA on Roll Call future endeavors. No. 407, YEA on Roll Call No. 408, and YEA IN THE HOUSE OF REPRESENTATIVES f on Roll Call No. 409. Tuesday, July 25, 2017 PERSONAL EXPLANATION f Mr. RUTHERFORD. Mr. Speaker, I rise NORM ALPERT today to ask the United States House of Rep- resentatives to join me in recognizing the 2016 HON. PETER WELCH Emergency Medical Services Provider of the OF VERMONT HON. FRANCIS ROONEY Year, Craig Wright. IN THE HOUSE OF REPRESENTATIVES OF FLORIDA Mr. Wright currently works at the Naval Sub- Tuesday, July 25, 2017 IN THE HOUSE OF REPRESENTATIVES marine Base Kings Bay Fire Department, Mr. WELCH. Mr. Speaker, due to travel Tuesday, July 25, 2017 where he exhibits his heroism and humility on delays, I was unable to vote on Roll Call 407, Mr. FRANCIS ROONEY of Florida. Mr. a daily basis. His individual actions have had 408, and 409. Had I been present, I would Speaker, I rise today in recognition of Norm positive and substantial impacts on the resi- have voted Nay on Roll Call 407, Nay on Roll Alpert in his 30th year as owner and founder dents of Kings Bay. Call 408, and Aye on Roll Call 409. of WAVV 101.1 FM in Naples. 30 years ago, Mr. Wright attributes his success to the unity f Norm moved to the area and started his radio experienced among him and his co-workers in station to provide the people of our area qual- the fire department, stating that nothing he HONORING DAN MORGADO, TOWN ity jazz music to bring timeless entertainment ‘‘did individually can’t be contributed to the MANAGER OF SHREWSBURY, to our community. whole team.’’ The resulting feeling of family MASSACHUSETTS Norm fulfilled the American dream by start- between the Kings Bay fire fighters yielded a ing his business from the ground up. He has Fire Department of the Year award, for the HON. JAMES P. McGOVERN proven to have found his calling, as his station fifth year in a row. Again, Mr. Wright and all OF MASSACHUSETTS consistently ranks among the top stations in of the fire fighters emphasized their camara- IN THE HOUSE OF REPRESENTATIVES the region. Further, he has helped our econ- derie and loyalty as the keys to their success. omy by providing jobs and advertising for busi- Mr. Speaker, I applaud Craig Wright for his Tuesday, July 25, 2017 nesses that reach across the state. service to the Kings Bay Fire Department and Mr. MCGOVERN. Mr. Speaker, I rise today I congratulate Norm on his successes and to his fellow fire fighters. His commitment has in recognition of Dan Morgado, who has been look forward to see what he will accomplish strengthened the community and all of its Town Manager of Shrewsbury, Massachusetts and bring to the community in the years to members. for the past 20 years. Anyone who serves in come.

VerDate Sep 11 2014 06:36 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A25JY8.008 E25JYPT1 E1046 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2017 RECOGNIZING TYLER WESLEY Major Curtis has retired from the Air Force Common & preferred # of shares $ per share Value after 20 years of service in the military. She stock HON. KEN BUCK showed exceptional bravery when the base General Electric Co. 15600 29.80 464,880.00 she was serving at was struck by a Taliban General Mills, Inc. .. 5760 59.01 339,897.60 OF COLORADO NRG Energy ...... 28 18.70 523.60 IN THE HOUSE OF REPRESENTATIVES rocket attack, one of the 126 she would en- GlassBridge Ent. .... 9 4.82 43.38 dure during her tour of duty in that country. Kellogg Corp...... 3200 72.61 232,352.00 Tuesday, July 25, 2017 3M Company ...... 2000 191.33 382,660.00 For 20 minutes, she was the only medic on Express Scripts ...... 6656 65.91 438,696.96 Mr. BUCK. Mr. Speaker, I rise today to rec- the scene, and fought to save the lives of six Monsanto Company 2852.315 113.20 322,882.06 ognize Tyler Wesley for his hard work and Moody’s ...... 5000 112.04 560,200.00 Special Forces members who had been Morgan Stanley ...... 312 42.84 13,366.08 dedication to the people of Colorado’s Fourth wounded by shrapnel in the attack. Thanks to NCR Corp...... 68 45.68 3,106.24 District as an intern in my Washington, D.C. Newell Rubbermaid 1676 47.17 79,056.92 her heroism, and that of her comrades, all six Nokia ...... 74 5.42 401.08 office for the Summer of 2017. men survived. For this, she was awarded the PG & E Corp...... 175 66.36 11,613.00 The work of this young man has been ex- Pfizer ...... 30415 34.21 1,040,497.15 Bronze Star and the Air Force Combat Medal. emplary, and I know he has a bright future. He Century Link ...... 95 23.57 2,239.15 In the heat of battle, she served with distinc- Tenneco Inc...... 182 62.42 11,360.44 served as a tour guide, interacted with con- tion. But she also exhibited quiet heroism, the Unisys Corp...... 16 13.95 223.20 stituents, and learned a great deal about our US Bancorp ...... 3081 51.50 158,671.50 day to day efforts that separate the excep- Verizon ...... 1918 48.75 93,502.50 nation’s legislative process. I was glad to be tional from the great. She travelled with the Vodafone Group PLC 323 26.43 8,536.89 able to offer this educational opportunity, and WEC Energy Group 2044 60.63 123,927.72 special forces to different parts of Afghanistan look forward to seeing him build his career in on 62 different occasions, providing women in Total common public service. & preferred rural areas with the tools they need to em- stocks & Tyler plans to continue working as a public power themselves and their communities. bonds ...... $7,615,162.00 servant at the end of this internship. I wish I wish her well in her next chapter of life, him the best as he pursues his career path. and congratulate her on her service to our Life insurance policies Face $ Surrender $ Mr. Speaker, it is an honor to recognize Tyler county and our Republic. Northwestern Mutual #00 ...... 12,000.00 131,374.18 Wesley for his service the last several months Northwestern Mutual #61 ...... 30,000.00 316,129.88 to the people of Colorado’s 4th district. f Massachusetts Mutual #75 ...... 10,000.00 19,025.55 Massachusetts Mutual #44 ...... 100,000.00 516,414.11 f FINANCIAL NET WORTH American General Life Ins. #59L ...... 175,000.00 39,842.02 RECOGNIZING CATHERINE LIPTAK Total life insurance policies ...... $1,022,785.74 HON. F. JAMES SENSENBRENNER, JR. HON. DAVE BRAT OF WISCONSIN Bank & IRA accounts Balance IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA JP Morgan Chase Bank, checking account ...... $53,074.00 IN THE HOUSE OF REPRESENTATIVES Tuesday, July 25, 2017 JP Morgan Chase Bank, savings account ...... 25,567.97 BMO Harris Bank, checking account ...... 8,711.42 Tuesday, July 25, 2017 Mr. SENSENBRENNER. Mr. Speaker, I am Burke & Herbert Bank, Alexandria, VA, checking ac- count ...... 5,658.19 Mr. BRAT. Mr. Speaker, I rise today to con- making my financial net worth as of March 31, JP Morgan, IRA accounts ...... 146,399.70 gratulate a smart and ambitious young lady 2017, a matter of public record. I have filed Total bank & IRA accounts ...... $239,411.28 from my district, Catherine Liptak. similar statements for each of the thirty-eight Catherine came into my office yesterday to preceding years I have served in the Con- Miscellaneous Value discuss with me her participation in the Con- gress. gress-Bundestag Youth Exchange for Young ASSETS 2009 Ford Taurus ...... $4,749.00 2013 Ford Taurus ...... 14,001.00 Professionals (CBYX). On Tuesday, Catherine REAL PROPERTY Office furniture & equipment (estimated) ...... 1,000.00 left for a year to live with a host family as she Furniture, clothing & personal property (estimated) ...... 180,000.00 Single family residence at 609 Ft. Williams Stamp collection (estimated) ...... 210,000.00 studies and interns in Germany. Parkway, City of Alexandria, Virginia, at as- Deposits in Congressional Retirement Fund ...... 248,843.59 She told me, ‘‘Part of the mission of the sessed valuation. (Assessed at $1,441,186). Deposits in Federal Thrift Savings Plan ...... 589,790.50 Traveler’s checks ...... 7,800.00 CBYX program is cultural diplomacy, and I am Ratio of assessed to market value: 100 per- 17 ft. Boston Whaler boat & 70 hp Johnson outboard eager for the opportunity to serve as a rep- cent (Unencumbered): $1,441,186.00 motor (estimated) ...... 4,500.00 Condominium at N76 W14726 North Point 20 ft. Pontoon boat & 40 hp Mercury outboard motor resentative for the United States abroad, as (estimated) ...... $7,500.00 well as learn about the German lifestyle, and Drive, Village of Menomonee Falls, discussing similarities and differences between Waukesha County, Wisconsin, at assessor’s Total Miscellaneous ...... $1,268,184.09 estimated market value. (Unencumbered): Total Assets ...... $12,593,251.84 the two nations. I hope that through my pro- $138,000.00 fessional work, as well as through volunteering Undivided 25/44ths interest in single family and other activities, I will foster connections residence at N52 W32654 Maple Lane, Village Liabilities: None. with German peers and other members of the of Chenequa, Waukesha County, Wisconsin, Total Liabilities: $0.00. community where I will live, and gain a deeper at 25/44ths of assessor’s estimated market appreciation for these cross-cultural connec- value of $1,528,600: $868,522.73 Net Worth: $12,593,251.84. Total Real Property: $2,447,708.73 tions.’’ STATEMENT OF 2016 TAXES PAID Catherine is the very best of what Virginia Common & preferred # of shares $ per share Value and this country has to offer. As a recent stock Federal Income Tax ...... $131,533.00 graduate from the University of Virginia where Abbott Laboratories, Wisconsin Income Tax ...... 35,186.00 she achieved a Bachelor of Arts in History and Inc...... 12200 44.41 $541,802.00 Menomonee Falls, WI Property Tax ...... 2,303.00 Russian and East European Studies, Cath- AbbVie Inc...... 8129 65.16 529,685.64 Chenequa, WI Property Tax ...... 20,328.00 Allstate Corporation 370 81.49 30,151.30 erine is taking with her a great education and AT & T ...... 7275 41.55 302,276.25 Alexandria, VA Property Tax ...... 15,464.00 firm foundation. JP Morgan Chase ... 4539 87.84 398,705.76 Benton County Min- She will do a great job as she lives and ing Company ...... 333 0.00 0.00 I further declare that I am trustee of a works in Germany. I’m looking forward to her BP PLC ...... 3604 34.52 124,410.08 trust established under the will of my late Centerpoint Energy 300 27.57 8,271.00 updates and look forward to her safe return to Chemours Company 240 38.50 9,240.00 father, Frank James Sensenbrenner, Sr., for America. Chenequa Country the benefit of my sister, Margaret A. Sensen- Club Realty Co. .. 1 0.00 0.00 brenner, and of my two sons, F. James Sen- f Comcast ...... 634 37.59 23,832.06 Darden Restaurants, senbrenner, III, and Robert Alan Sensen- HONORING THE SERVICE OF Inc...... 2160 83.67 180,727.20 brenner. I am further the direct beneficiary Discover Financial of five trusts, but have no control over the MAJOR JENNIFER CURTIS Services ...... 156 68.39 10,668.84 Dun & Bradstreet, assets of either trust. I am also trustee of Inc...... 1250 107.94 134,925.00 separate trusts established for the benefit of HON. TED BUDD E.I. DuPont de Ne- each son. OF NORTH CAROLINA mours Corp...... 1200 80.33 96,396.00 Eastman Chemical Also, I am neither an officer nor a director IN THE HOUSE OF REPRESENTATIVES Co...... 540 80.80 43,632.00 Exxon Mobil Corp. ... 9728 82.01 797,793.28 of any corporation organized under the laws Tuesday, July 25, 2017 Four Corners Prop- of the State of Wisconsin or of any other erty Trust Inc. .... 983 22.83 22,441.89 state or foreign country. Mr. BUDD. Mr. Speaker, I rise today to Frontier Comm...... 591 2.14 1,264.74 honor the service of Major Jennifer Curtis. Gartner Inc...... 651 107.99 70,301.49 F. JAMES SENSENBRENNER, Jr.

VerDate Sep 11 2014 06:36 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A25JY8.013 E25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1047 PERSONAL EXPLANATION Peterson for 20 outstanding years of service able by establishing an annual Honduras to New Hope Full Gospel Ministries, Inc. and Awareness Month to raise funds for expenses HON. LOIS FRANKEL a lifetime of service in the ministry of Jesus going forward. Despite having completed her OF FLORIDA Christ. Gold Award project, Ms. Rice intends to return IN THE HOUSE OF REPRESENTATIVES f to Honduras this summer to construct a gar- den, kitchen, and library. Tuesday, July 25, 2017 PERSONAL EXPLANATION She creates a safe place for local children Ms. FRANKEL of Florida. Mr. Speaker, on to play and promotes community engagement; Roll Call vote 410, I was not present because HON. EVAN H. JENKINS Ms. Rice’s Gold Award project is a tremen- I was unavoidably detained. Had I been OF WEST VIRGINIA dous example of American citizen diplomacy. present, I would have voted NAY. IN THE HOUSE OF REPRESENTATIVES It is wonderful to see a dedicated young lead- f er succeed in the international sphere. Tuesday, July 25, 2017 Mr. Speaker, I rise to honor Meghan Rice of IN RECOGNITION OF ELDER ERVIN Mr. JENKINS of West Virginia. Mr. Speaker, Woodbury, Minnesota for the service she has PETERSON due to President Trump’s visit to my Congres- done. She serves as a superb example of sional District for an event with Secretaries compassionate leadership, and her future is HON. SANFORD D. BISHOP, JR. Zinke, Price, and Perry and Boy Scouts from sure to be bright. OF GEORGIA across the United States, I missed votes. f IN THE HOUSE OF REPRESENTATIVES Had I been present, I would have voted HONORING MAJOR GENERAL YEA on Roll Call No. 407, YEA on Roll Call Tuesday, July 25, 2017 WILLIAM E. RAPP No. 408, and YEA on Roll Call No. 409. Mr. BISHOP of Georgia. Mr. Speaker, I rise f today to honor an outstanding Man of God, HON. Elder Ervin Peterson, who will celebrate his RECOGNIZING ETHAN BOND OF PENNSYLVANIA 20th Anniversary as the distinguished pastor IN THE HOUSE OF REPRESENTATIVES of New Hope Full Gospel Ministries, Inc. His HON. KEN BUCK Tuesday, July 25, 2017 anniversary celebration will take place Thurs- OF COLORADO Mr. BARLETTA. Mr. Speaker, it is an honor day, August 3rd through August 5th, 2017 at IN THE HOUSE OF REPRESENTATIVES to congratulate Major General William E. Rapp New Hope Full Gospel Ministries, Inc. in Al- Tuesday, July 25, 2017 on his retirement from the U.S. Army and on bany, GA. his receipt of the Distinguished Service Medal A native of Calhoun County, Elder Peterson Mr. BUCK. Mr. Speaker, I rise today to rec- for his 33 years of steadfast service. This ex- was born to Mr. Willie J. and Truezella Peter- ognize Ethan Bond for his hard work and dedi- ceptional achievement is proof of Major Gen- son, as one of eleven children, in 1955. He is cation to the people of Colorado’s Fourth Dis- eral Rapp’s commitment to ensuring our na- the loving husband of Minister Deborah Peter- trict as an intern in my Washington, D.C. office tion’s safety and his dedication to educating its son, the father of (5) children, Mrs. Yolanda for the Summer of 2017. military leaders. Bryant, Mrs. Shamika Washington (Clifford), The work of this young man has been ex- Over the course of Major General Rapp’s Ms. Jasmine Peterson, Ms. Audriauna Peter- emplary, and I know he has a bright future. He notable career, he has been sent on multiple son, and Kamron Peterson; and, (8) grand- served as a tour guide, interacted with con- command tours and combat deployments. He children, William Bryant, IV, Deja Bryant, Jela stituents, and learned a great deal about our has also taken on numerous assignments in Bryant, Bayleigh Bryant, J’Naia Crapps, nation’s legislative process. I was glad to be critical and joint operations, displaying a wide Mariah Lumpkin, Calvin Grant, and Xavier Wil- able to offer this educational opportunity, and range of skill and expertise. From 2008 to liams. look forward to seeing him build his career in 2009, he was appointed as the Commander of Elder Peterson was called to preach the public service. the Northwestern Division of the Army Corps gospel in 1981 and was ordained in August Ethan plans to continue pursuing his degree of Engineers, taking on responsibility for a 1982. Under the guidance of the Holy Spirit at the end of this internship. I wish him the 5,000-person organization and overseeing vital and the late Elder W.H. Norwood, Elder Peter- best as he pursues his career path. Mr. projects. From there, Major General Rapp son quickly learned the covenant, doctrine, Speaker, it is an honor to recognize Ethan moved into the role of 72nd Commandant at and ordinances of the Primitive Baptist Asso- Bond for his service the last several months to the U.S. Military Academy, West Point, where ciation of which he served as Moderator from the people of Colorado’s 4th district. he diligently supervised the leadership devel- 1995–1996. While many of his churches were f opment and military training of 4,400 members great distances away from his home, he of the U.S. Corps of Cadets. served his members faithfully no matter the RECOGNITION OF MEGHAN RICE From 2011 to 2012, Major General Rapp distance, nor the task. courageously served overseas as the Com- Ephesians 4:11–12 says ‘‘And he gave HON. BETTY McCOLLUM manding General of the U.S. National Support some, apostles; and some, prophets; and OF MINNESOTA Element Command in Afghanistan, providing some, evangelists; and some, pastors and IN THE HOUSE OF REPRESENTATIVES logistical and administrative support to over teachers; For the perfecting of the saints, for 190,000 individuals. He continued his service Tuesday, July 25, 2017 the work of the ministry, for the edifying of the during his next assignment as U.S. Army body of Christ’’. In June 1997, after receiving Ms. MCCOLLUM. Mr. Speaker, I rise today Chief of Legislative Liaison. In that role, he de- a vision from the Lord, New Hope Full Gospel to recognize the accomplishments of Ms. veloped, coordinated, and executed the Ministries, Inc. was born. Elder Peterson and Meghan Rice of Woodbury, Minnesota. Ms. Army’s strategic communication effort with a few devoted followers developed a small Rice was recently presented with the Girl Congress, fostering and strengthening ties be- ministry with firm foundation and a dynamic vi- Scout Gold Award from the Girl Scouts of the tween the two bodies. sion. Elder Peterson’s love for God and his United States of America. Achieving this Major General Rapp’s dedication to serving people is evident in the many lives he touch- award requires extraordinary leadership, pas- his country proved motivational to others, and es. A man of great integrity, he not only con- sion, and tenacity; all things that she has ex- in June of 2014, he was named the 50th Com- tinues to labor for Christ, but he continues to hibited to the highest degree. mandant of the U.S. Army War College and strive for excellence in his profession as a li- After visiting a partner-church in San Nico- the Commanding General of the Carlisle Bar- censed plumber and HVAC technician. las, Honduras in 2014, Ms. Rice decided she racks. He worked tirelessly to inspire profes- Elder Peterson is a great and inspirational wanted to deepen a partnership with parish- sionalism in students and to instill in them a leader, but none of this would have been pos- ioners there. In conjunction with Crossroads high level of strategic leadership and reflective sible without the love and support of his wife, Church and Milk & Honey Missions, she thinking. He has become a role model for not family, and the New Hope Full Gospel Min- raised $2,000 to build a new playground for only War College faculty and students, but istries, Inc. church family. the San Nicolas community. She partnered also his own children, who have all pursued Mr. Speaker, I ask my colleagues to join with her high school Spanish class to translate military educations and careers. Major General me, my wife Vivian, and the more than English board games to Spanish and donated Rapp’s career exemplifies the highest levels of 730,000 residents of Georgia’s Second Con- them as well. However, Ms. Rice was not fin- service to the nation and reflects great credit gressional District in thanking Elder Ervin ished; she made sure her project was sustain- upon himself and the United States Army.

VerDate Sep 11 2014 06:36 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JY8.017 E25JYPT1 E1048 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2017 Mr. Speaker, please join me in recognizing in September 2010 after graduation from high After 16 years of dedicated service Rev. Major General Rapp for all he has sacrificed school. In 2013, Chad joined the U.S. Marine McKissick retired on December 31, 1985, to serve our country and for all that he has Corps Forces Special Operations Command however, he remained as Interim until the contributed to the Armed Services community. and by 2014, he had attained the rank of Ser- search for a new pastor was concluded. I wish him the very best in his retirement and geant—a remarkable accomplishment for any From 1986 to 2003, the following Pastors in all his future endeavors. enlisted member of the military to receive so served the congregation of St. Paul: Dr. Irece f rapidly. He proudly served with the elite 2nd T. Bradley, Rev. Julius Minor (Interim), Rev. Raider Battalion, Special Operations Com- Floyd Smith and Rev. James R. Glover. IN SUPPORT OF H.R. 3178, THE mand which was based at Camp Lejeune in During this timeframe new programs and MEDICARE PART B IMPROVE- North Carolina. Chad was a critical skills oper- ministries were established, such as: Moments MENT ACT ator and was awaiting his first deployment. in Mission, Christian Education, The Sharing Chad constantly strived to perfect his own Place, Tiny Tot Worship and the Mass Choir. HON. TERRI A. SEWELL skills and become a stronger leader. He main- Rev. James H. Willis, Sr. was elected as OF ALABAMA tained a high standard of integrity which he Pastor on October 19, 2003. He has exempli- IN THE HOUSE OF REPRESENTATIVES shared with those around him. His awards in- fied enthusiasm and an unwavering commit- clude a U.S. Marine Corps Good Conduct ment to the spiritual growth of the church. Tuesday, July 25, 2017 Medal, a Global War on Terrorism Service Some of the ministries established during his Ms. SEWELL of Alabama. Mr. Speaker, I Medal, National Defense Service Medal, Navy tenure include: Noon Day Prayer and Bible rise to express my strong support for H.R. Meritorious Unit commendation, two certifi- Study, Young Adult Ministry, Young Adult 3178, the Medicare Part B Improvement Act. cates of commendation, three letters of appre- Monthly Faith Friday, Young Adult Praise I am proud to be a cosponsor of the bill in- ciation and two meritorious masts. Chad was Dance Ministry and Young Adult Usher Board. troduced by Reps. BLACK, DELBENE, and the embodiment of the U.S. Marine Corps’ val- A Youth Minister was appointed in 2016. THOMPSON included in the underlying bill. This ues: honor, courage, and commitment. St. Paul has modernized its ministry by pro- policy modernizes Medicare payment policies Chad is survived by his wife, Jessica, and viding a live stream of Sunday morning wor- for the use of telehealth for ESRD related vis- stepson, Jackson, whom I hope take comfort ship service, establishing a text alert notifica- its. in the way Chad lived his life as a patriotic, tion system and installing a projector unit in My home state of Alabama and the neigh- selfless and caring young man who served his the sanctuary. boring states of Mississippi and Tennessee community and his nation. May his memory be The St. Paul Church Family is blessed to are home to the highest rates of kidney dis- a blessing to us all. still have 28 ‘‘Pioneers’’ who have maintained membership for over 50 years, and most of ease in the country. Expanding opportunities f for home dialysis and telehealth is very impor- them still remain actively engaged in church tant to these patients and their families. HONORING THE 100TH ANNIVER- activities. I’ve visited with kidney disease patients in SARY OF ST. PAUL MISSIONARY St. Paul Missionary Baptist Church is a dialysis facilities across my district, from small BAPTIST CHURCH magnificent example of all that a spiritual dialysis clinics to the ESRD unit at Children’s home should be, rendering indelible service to Hospital in Birmingham. The treatment is tax- HON. MARCY KAPTUR the Toledo community for the past 100 years. Living the Gospel, St. Paul’s congregation ing for patients and families, who have to go OF OHIO looks back on a century of spreading the to their clinic to receive treatment 3 days a IN THE HOUSE OF REPRESENTATIVES week for 4 hours at a time to simply sustain Word and sharing Christ’s message of Love Tuesday, July 25, 2017 life. while looking forward to a future of spiritual For patients and their families, this bill will Ms. KAPTUR. Mr. Speaker, I rise today with service. have a substantial impact on their quality of great pleasure and enthusiasm to congratulate Romans 10:17 tells us, ‘‘Consequently, faith life, by expanding access to home dialysis St. Paul Missionary Baptist Church in Toledo comes from hearing the message, and the therapy. Technology has allowed for the cre- on the church’s 100th anniversary. The history message is heard through the word about ation of home dialysis devices. Our Medicare of this amazing congregation begins in the Christ.’’ I am pleased to join our community in dialysis patients deserve access to these ad- home of Mrs. Mamie Porter on Howard Street recognizing the milestone centennial celebra- vanced technologies. I strongly believe we in Toledo, where, on July 12, 1917, the fami- tion of St. Paul Missionary Baptist Church. must modernize our dialysis payment policies lies of Westly Davis, Robert Christian and f to keep pace with the rapid pace of innovation Sally McElya met for their first worship serv- RECOGNIZING THE CONTRIBU- in so that Medicare patients are not left be- ice. TIONS OF DAVID A. FOGEL hind. During the course of the next year, the con- I support the underlying bill and urge my gregation grew which resulted in the formal or- colleagues to vote yes on the Medicare Part B ganization of the church, which they named HON. DIANA DeGETTE OF COLORADO Improvement Act of 2017. St. Paul. From the start, the church was a IN THE HOUSE OF REPRESENTATIVES f community anchor. Over the years that followed, there were nu- Tuesday, July 25, 2017 HONORING THE LIFE OF merous challenges and difficulties that the Ms. DEGETTE. Mr. Speaker, today I wish to SERGEANT CHAD E. JENSON small congregation overcame, including wor- honor the contributions to Colorado of an ex- shipping in several locations, until finding a traordinary constituent and friend, David A. HON. TED LIEU home at 654 Hamilton for many years. The Fogel, who on July 27th will receive the Elaine OF CALIFORNIA current location of St. Paul’s, 1502 N. Detroit Wolf ‘Dor V’Dor Award for outstanding service IN THE HOUSE OF REPRESENTATIVES Avenue, was purchased in 1958 from the to Kavod Senior Life. United Brethren Church and has been the ‘‘Kavod’’ is the Hebrew word for ‘‘honor’’ or Tuesday, July 25, 2017 congregation’s home since that time. ‘‘respect.’’ Kavod Senior Life is an inclusive, Mr. TED LIEU of California. Mr. Speaker, I There have been a number of shepherds of Denver-based non-profit providing affordable rise to celebrate the life of Sergeant Chad E. the St. Paul congregation. Rev. Joseph Smith and subsidized housing, community activities Jenson—beloved son, husband, stepfather, served as a visionary and dedicated leader of and services to more than 400 low-income and United States Marine—who passed away the congregation from 1928 until his death in people of all faiths age 62 and up who have on July 10, 2017 in the line of duty. 1969. To date he is the longest serving Pas- qualifying mobility impairment disabilities. Chad grew up in Redondo Beach, where his tor. David has served Kavod Senior Life as a family still resides. He attended Mira Costa On October 25, 1969, Rev. John H. member of the board since 2009 and was its High School and helped lead the Manhattan McKissick assumed the leadership of St. Paul. president from 2013 to 2015. Beach school’s football team to a champion- Inspired by the guidance of Rev. and Mrs. A man of faith with a commitment to serving ship in 2009. Chad was deeply admired for his McKissick, the church initiated a Watch Care others, David has dedicated his time and his selflessness and unwavering optimism by Program, a Department of Evangelism and an considerable energy to our community through teammates, classmates, and teachers alike. Annual Week-End Youth Seminar. A Credit leadership positions in Denver B’nai B’rith, the Chad had a deep desire to serve his coun- Union was also established as a benefit for South Denver Optimist Club, the Anti-Defama- try and he enlisted in the U.S. Marine Corps the members. tion League, and more.

VerDate Sep 11 2014 06:36 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JY8.022 E25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1049 David’s wide-ranging career in the law has COMMEMORATING 10TH ANNIVER- 17, 2015. His new series of paintings is titled, also been imbued with the ideal of service and SARY OF TRAE DAY IN HOUS- ‘‘The Nine,’’ and focuses on the individual making life better for others. He has served as TON, TEXAS Charleston church. shooting victims them- Assistant U.S. Attorney for Colorado and As- selves. sistant Public Defender, had two assignments HON. SHEILA JACKSON LEE Mr. Speaker, Dr. Twiggs has spoken of the ‘‘powerful kind of catharsis’’ of his work, and as Special Assistant Attorney General for Col- OF TEXAS his fondness for batik includes how the art orado, and is now in private practice at his IN THE HOUSE OF REPRESENTATIVES firm, Fogel & Bluestein. form draws an individual into a piece. His David is also a part-time instructor at the Tuesday, July 25, 2017 unique paintings have received international Osher Lifelong Learning Institute. His commit- Ms. JACKSON LEE. Mr. Speaker, I rise to acclaim. Several paintings have been dis- ment to education and his desire to share his commemorate the 10th anniversary of ‘‘Trae played in U.S. embassies in Rome, Senegal, experience extends for many years, 16 of Day.’’ Sierra Leone and elsewhere; and his works which he spent as an instructor at the Univer- Trae Tha Truth, is an American hip hop re- have appeared in numerous textbooks, other sity of Denver College of Law. cording artist from Houston, Texas. publications and documentaries. He has de- David has been a mentor, not just to his Apart from his solo career, Trae is also signed official White House Christmas orna- ments for former Presidents Barack Obama former law students, but to many people known as a member of the underground rap and George W. Bush. Dr. Twiggs is particu- across the community. I met David years ago collective Screwed Up Click, as well as one- larly proud that the new National Museum of when he was Chair of the Denver Democratic half of the Southern Hip Hop duo ABN, and African American History and Culture in Wash- Party, and his wisdom and upbeat disposition one of the founding members of the group ington, D.C. has accepted two of his paintings inspire me to this day. Guerilla Maab, alongside fellow rappers Z-Ro and Dougie D. for display. I’m among countless Coloradans who, Dr. Twiggs has served on many important through the years, have been lucky enough to Trae Tha Truth currently hosts Banned Radio on XXL, on Dash Radio. boards and commissions, including the South get to know David and to work by his side. We Carolina State Museum, the South Carolina appreciate his compassion, kindness and gen- Trae Tha Truth’s music is inspired by the experiences of the disenfranchised, which is Governor’s School for the Arts & Humanities, erosity in all his professional and community and the South Carolina Hall of Fame. His ten- roles. His spirit and energy have helped make rooted in the inner-cities of America, and is driven by loss, love and loyalty. ure in the latter capacity saw the induction of Denver a city with a welcoming spirit that em- late Judge Matthew Perry, a personal hero of braces diversity and justice. Trae Tha Truth’s music is powerful and real, his voice is a tractor trailer shoveling gravel mine, former Governor Richard Riley, longtime former Charleston Mayor Joe Riley, and Er- f that booms, bangs, and thumps. Trae Day is an annual festival commemo- nest A. Finney, the first African American PERSONAL EXPLANATION rating the actual holiday the City of Houston elected to the state Supreme Court since Re- gave Trae for his role as a civic leader, which construction who later became the first African made him the first rapper in Texas to be given American Chief Justice of the state Supreme HON. MICHAEL T. McCAUL an official holiday by the city. Court. Dr. Twiggs also influenced the induction OF TEXAS Among his civic activities, Trae Tha Truth of two pioneering African American women IN THE HOUSE OF REPRESENTATIVES has founded a nonprofit organization, coun- Septima Clark, another personal hero from my younger days and Marian Wright Edelman, a Tuesday, July 25, 2017 seled incarcerated persons, and sponsored at- risk high school students. woman whose work I have long admired. Mr. MCCAUL. Mr. Speaker, on July 24, Trae Tha Truth is very modest and rarely Dr. Twiggs was the first African American to 2017, I missed the voting session due to fam- discusses his accomplishments but what is im- earn a Doctorate of Art Education from the ily obligations. If present, I would have voted portant to know about him is that he is a rap- University of Georgia. He graduated Summa as follows: per who uses his gift to help people. Cum Laude from Claflin University and re- ceived his Masters of Arts from New York Uni- YES—H.R. 3180—Intelligence Authorization f Act for Fiscal Year 2018 versity. He found the Art Department at South TRIBUTE TO DR. LEO TWIGGS Carolina State University, my alma mater, and YES—S. 114—A bill to authorize appropria- is credited with developing the I.P. Stanback tions for the Veterans Choice Program Museum and Planetarium on campus. He was YES—H.R. 3218—Harry W. Colmery Vet- HON. JAMES E. CLYBURN OF SOUTH CAROLINA named Professor Emeritus in 2000. The Geor- erans Educational Assistance Act gia Museum of Art organized a retrospective IN THE HOUSE OF REPRESENTATIVES I intended to vote yes on all of these meas- of his works that toured the southeast from ures. After World War II, my father—who was Tuesday, July 25, 2017 2004 to 2006: His lovely wife Rosa hails from a B–17 bombardier navigator in the Army Air Mr. CLYBURN. Mr. Speaker, I rise today to my hometown of Sumter, South Carolina. Corps—became the first in our family to attend pay tribute to a great South Carolinian and Mr. Speaker, it is with great pride that I call college thanks to the GI Bill. I am ecstatic that personal friend, Dr. Leo Twiggs. to your attention and to the attention of the the House passed H.R. 3218 to expand this Dr. Twiggs hails from St. Stephen, South Members of the 115th Congress, the accom- vital program for our Veterans and their fami- Carolina, and currently lives in Orangeburg. plishments of this outstanding South Caro- lies who sacrifice so much. His artwork has won him fame and recognition linian, Dr. Leo Twiggs. across the state and around the world. Re- f f cently, he received the Order of the Palmetto, SENATE VOTE ON ACA REPEAL PERSONAL EXPLANATION the state’s highest civilian honor at a cere- mony held at the Statehouse in Columbia. During that ceremony, he also received the HON. SHEILA JACKSON LEE HON. BRENDA L. LAWRENCE highest honor the state presents in the arts— OF TEXAS IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN a Lifetime Achievement Award from the South IN THE HOUSE OF REPRESENTATIVES Carolina Arts Commission at the 2017 Eliza- Tuesday, July 25, 2017 beth O’Neill Verner Governor’s Awards for the Tuesday, July 25, 2017 Ms. JACKSON LEE. Mr. Speaker, today, in Arts. In 1980, Dr. Twiggs was the first visual a move that is a betrayal to the American peo- Mrs. LAWRENCE. Mr. Speaker, on July 24, artist ever to receive the Elizabeth O’Neill ple, the Senate voted 51 to 50 on a motion to 2017, I was not able to cast my votes during Verner Award. advance debate on a piece of Republican leg- the series. Had I been present, I would have Dr. Twiggs’ powerful artwork employs batik, islation that would do away with most of the voted: NO on H.R. 3180—Intelligence Author- an ancient Indonesian technique of manual Affordable Care Act. ization Act for Fiscal Year 2018, as amended, wax-resistant dyeing applied to whole cloth. Reaching a 51–50 vote, where the tie was NO on S. 114—A bill to authorize appropria- He recently spent several weeks manually broken by Vice President MIKE PENCE, has tions for the Veterans Choice Program, and dyeing and dipping fabric pieces to achieve a been a struggle for Republican Members of for other purposes, as amended, and YES on texturally rich and deep-toned series titled, the Senate because they realize that a repeal H.R. 3218—Harry W. Colmery Veterans Edu- ‘‘Requiem for Mother Emanuel,’’ to honor the of Obamacare would result in tragedy for mil- cational Assistance Act of 2017, as amended. victims of the Charleston massacre of June lions of Americans.

VerDate Sep 11 2014 06:36 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JY8.026 E25JYPT1 E1050 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2017 I want you to know that I oppose this and ments, who in their right mind would want to To paraphrase Winston Churchill, of this bill, previous versions of Obamacare repeal for go back to how it used to be? it can truly be said that ‘‘never has so much several compelling reasons: The answer seems to be only the President been taken from so many to benefit so few.’’ 1. Trumpcare forces families to pay higher and House Republicans who call the Afford- The Pay-More-For-Less plan destroys the premiums and deductibles, increasing out-of- able Care Act and its enviable record of suc- Medicaid program under the cover of repeal- pocket costs. cess a ‘‘disaster.’’ ing the Affordable Care Act Medicaid expan- 2. Trumpcare will take away health care Americans know a disaster when they see sion. from 24 million hardworking Americans. one and they see one in the making: it is CBO estimates 14 million Americans will 3. Trumpcare would gut essential health called ‘‘Trumpcare,’’ masquerading as the lose Medicaid coverage by 2026 under the benefits and protections for Americans with ‘‘American Health Care Act,’’ which will force Republican plan. pre-existing conditions. Americans to pay more, get less, decimate the In addition to terminating the ACA Medicaid 4. Trumpcare forces Americans aged 50–64 Medicare and Medicaid programs, and give a expansion, the bill converts Medicaid to a per- to pay premiums five times higher than what massive tax cut for top 1 percent. capita cap that is not guaranteed to keep pace others pay for health coverage, no matter how Americans are right to be alarmed and an- with health costs starting in 2020. healthy they are. gered by what the Trump Republicans are try- The combined effect of these policies is to 5. Trumpcare shortens the life of the Medi- ing to do by rushing to vote on a Trumpcare slash $880 billion in federal Medicaid funding care Trust Fund and ransacks funds that sen- bill before it can be scored by highly respected over the next decade. iors depend on to get the long-term care they and nonpartisan Congressional Budget Office. The cuts get deeper with each passing year, need. What we do know for sure is that this reaching 25 percent of Medicaid spending in Eighty-five months ago, on March 23, 2010, Trumpcare bill is a massive $900 billion tax 2026. President Barack Obama redeemed a promise cut for the wealthy, paid for on the backs of These steep cuts will force states to drop that had been unfulfilled for nearly a 100 America’s seniors, the vulnerable, the poor, people from Medicaid entirely or ration care years, when he signed into law the landmark and working class households. for those who most need access to com- Affordable Care Act passed by the Democratic Trump gave the game away on March 20, prehensive coverage. controlled 111th Congress. 2017 in one of his trademark pep rallies: The Pay-More-For-Less plan undermines Seven years later, the verdict is in on the ‘‘We want a very big tax cut, but cannot do the health care safety net for vulnerable popu- Affordable Care Act: the American people that until we keep our promise to repeal and lations. have judged it a success. replace the disaster known as Obamacare.’’ Currently, Medicaid provides coverage to As reflected in the most recent public opin- This ‘‘Robin Hood in reverse’’ bill is unprec- more than 70 million Americans, including chil- ion polls, 61% of Americans approve of edented and breathtaking in its audacity—no dren, pregnant women, seniors in Medicare, Obamacare and oppose efforts to repeal it, bill ever tried to give so much to the rich while people who are too disabled to work, and par- the highest approval rates on record to date taking so much from the poor and working ents struggling to get by on poverty-level and continuing an inexorable upward trend class. wages. over the past several years. When they were forced to pull Trumpcare In addition to doctor and hospital visits, The reason Americans are adamantly op- 1.0 from the floor because they lacked the Medicaid covers long-term services like nurs- posed to Republican repeal efforts, including votes to pass, House Republican leaders re- ing homes and home and community-based the third iteration of Trumpcare now before us, sponded by adding an amendment services that allow people with chronic health is that Obamacare is no longer a bogey (Trumpcare 2.0) that made the original bill conditions and disabilities to live independ- cooked up in Republican talking points but a even worse. ently. life-saving and life affirming measure that they Trumpcare 2.0 would allow states to jettison To date, 31 states and D.C. have expanded have experienced in their own lives. existing essential health benefit requirements, Medicaid eligibility to low-income adults, Americans think it is beyond crazy to repeal thereby permitting health plans covering mil- which, when combined with the ACA’s other a law that has brought to more than 20 million lions of people once again to exclude cov- coverage provisions, has helped to reduce the Americans the peace of mind and security that erage for maternity and newborn care, pedi- nation’s uninsured rate to the lowest in history. comes with knowing they have access to af- atric dental and vision services, mental health Trumpcare throws 24 million Americans off fordable, high quality health care. and substance use services, and other crucial their health insurance by 2026 according to Mr. Speaker, before the passage of the Af- benefits. the Congressional Budget Office. fordable Care Act, 17.1 percent of Americans All this accomplished was a hemorrhaging Mr. Speaker, low-income people will be hit lacked health insurance; today nearly nine of of support from the moderate wing of the Re- especially hard because 14 million people will ten (89.1 percent) are insured, which is the publican Conference who feared the repercus- lose access to Medicaid by 2026 according to highest rate since Gallup began tracking insur- sions of leaving millions of Americans with CBO. ance coverage in 2008. preexisting conditions without health insurance Trumpcare massively shifts who gets in- Because of the Affordable Healthcare Act: 1. Insurance companies are banned from so the Trump Republicans invented sured in the nongroup market. discriminating against anyone, including 17 Trumpcare 3.0 to provide $8 billion over five According to CBO, ‘‘fewer lower-income million children, with a preexisting condition, or years to offset the cost of setting up separate people would obtain coverage through the charging higher rates based on gender or pools or premium assistance programs for nongroup market under the legislation than health status; people with pre-existing conditions. current law,’’ and, ‘‘a larger share of enrollees 2. 6.6 million young adults up to age 26 can Mr. Speaker, this pittance is not designed or in the nongroup market would be younger stay on their parents’ health insurance plans; intended to help real people with real pre- people and a smaller share would be older 3. 100 million Americans no longer have an- existing conditions, but to provide the cover for people.’’ nual or lifetime limits on healthcare coverage; House Republicans to walk the plank. The projected 10 percent reduction in pre- 4. 6.3 million seniors in the ‘‘donut hole’’ According to the Kaiser Family Foundation, miums is not the result of better care or effi- have saved $6.1 billion on their prescription at least $25 billion per year would be required, ciency—it is in large part the result of higher- drugs; not $8 billion spread out over five years as cost and older people being pushed out of a 5. 3.2 million seniors now get free annual provided for in Trumpcare 3.0. market that is also selling plans that provide wellness visits under Medicare, and Trumpcare represents the largest transfer of less financial protection. 6. 360,000 small businesses are using the wealth from the bottom 99 percent to the top People with low incomes suffer the greatest Health Care Tax Credit to help them provide 1 percent in American history. losses in coverage. health insurance to their workers; This callous Republican scheme gives gi- CBO projects the uninsured rate for people 7. Pregnancy is no longer a pre-existing gantic tax cuts to the rich, and pays for it by in their 30s and 40s with incomes below 200 condition and women can no longer be taking insurance away from 24 million people, percent of poverty will reach 38 percent in charged a higher rate just because they are leaving 52 million uninsured, and raising costs 2026 under this bill, nearly twice the rate pro- women. for the poor and middle class. jected under current law. We are becoming a nation of equals when In addition, Republicans are giving the phar- Among people aged 50–64, CBO projects it comes to access to affordable healthcare in- maceutical industry a big tax repeal, worth 30 percent of those with incomes below 200 surance. nearly $25 billion over a decade without de- percent of poverty will be uninsured in 2026. Mr. Speaker, with all of this progress, and manding in return any reduction in the cost of Under current law, CBO projects the unin- the prospect for more through further refine- prescription and brand-name drugs. sured rate would only be 12 percent.

VerDate Sep 11 2014 06:36 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JY8.031 E25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1051 Being uninsured is not about ‘‘freedom.’’ Community health centers reduce health Brian Norgaard, a Dallas, Texas resident, Speaker RYAN has argued that people will care costs and produce savings—on average, called my office to express his opposition to happily forgo insurance coverage because this health centers save 24 percent per Medicaid Trumpcare and to share how the Affordable bill gives them that ‘‘freedom.’’ patient when compared to other providers. Care Act has helped small business owners The argument makes as much sense as the Community health centers integrate critical like himself: foolish claim that slaves came to America as medical and social services such as oral ‘‘I am a small business owner and leader- ‘‘immigrants’’ seeking a better life. health, mental health, substance abuse, case ship trainer who Obamacare has helped tre- The freedom to be uninsured is no freedom management, and translation, under one roof. mendously. at all to people in their 50s and 60s with mod- Community health centers employ nearly ‘‘My wife and I both own small businesses est incomes who simply cannot afford to pay 190,000 people and generate over $45 billion in the Dallas, Texas area and as a result of thousands of dollars toward premiums. in total economic activity in some of the na- the huge savings we received after paying They do not really have a choice. tion’s most distressed communities. lower healthcare premiums under Obamacare, The claim of our Republican friends that Community health centers are on the front we were able to reinvest those savings into Trumpcare provides more freedom to all lines of every major health crisis our country both of our businesses and the community. Americans calls to mind the words of Anatole faces, from providing access to care (and em- ‘‘And the healthcare we received was qual- France: ployment) to veterans to addressing the opioid ity, at that.’’ ‘‘The law, in its majestic equality, forbids the epidemic to responding to public health threats ASHLEY WALTON rich as well as the poor to sleep under like the Zika virus. ‘‘For cancer survivors, we literally live and bridges, to beg in the streets, and to steal We should be providing more support and die by insurance.’’ bread from the market.’’ funding to community health centers, not mak- Ashley Walton was 25 when a mole on her Trumpcare raises costs for Americans near- ing it more difficult for them to serve the com- back turned out to be melanoma. ing retirement, essentially imposing an ‘‘Age munities that desperately need them by slash- She had it removed, but three years later Tax.’’ ing Medicaid funding. she discovered a lump in her abdomen. The bill allows insurance companies to The Trumpcare Republican plan leaves rural She was then unemployed and uninsured, charge older enrollees higher premiums than Americans worse off. and so she put off going to a doctor. Health insurance has historically been more allowed under current law, while reducing the She tried to buy health insurance. Every expensive in rural areas because services size of premium tax credits provided. company rejected her. Again, these changes hit low-income older cost more and it is hard to have a stable indi- Ashley eventually became eligible for Cali- persons the hardest. vidual market with a small population. fornia’s Medicaid program, which had been Mr. Speaker, under the Affordable Care Act, A 64-year-old with an income of $26,500 expanded under the Affordable Care Act. premium subsidies are tied to local costs, buying coverage in the individual market will The 32-year-old Oakland resident credits pay $12,900 more toward their premiums in which helps keep premium costs down. But they are not under the Republican plan. her survival to the ACA. 2026, on average. So, under the Republican plan residents in Without it, ‘‘I would likely be dead, and my Trumpcare raises costs for individuals and rural areas, who tend to be older and poorer, family would likely be bankrupt from trying to families with modest incomes, particularly will pay much more and get much less health save me.’’ older Americans. insurance. Before any of our Republican colleagues Mr. Speaker, a recent analysis found that in At the end of the day, the powerful and supporting this bill cast their vote, I urge them 2020, individuals with incomes of about compelling reasons to reject Trumpcare lie in to reflect on the testimony of Joan, Brian, and $31,000 would pay on average $4,000 more the real world experiences of the American Ashley, and on this question posed by a con- out of pocket for health care—which is like people. stituent to Sen. COTTON of Arkansas at a re- getting a 13 percent pay cut. Mr. Speaker, let me briefly share with you cent town hall: And the older you are, the worse it gets. the positive, life affirming difference made by ‘‘I’ve got a husband dying and we can’t af- An analysis by the Urban Institute estimates the Affordable Care Act in the lives of just ford—let me tell you something. that for Americans in their 50s and 60s, the three of the millions of Americans it has ‘‘If you can get us better coverage than this tax credits alone would only be sufficient to helped. Obamacare, go for it. buy plans with major holes in them, such as JOAN FANWICK ‘‘Let me tell you what we have, plus a lot of a $30,000 deductible for family coverage and ‘‘If Obamacare is repealed, I don’t know if I’ll benefits that we need. no coverage at all of brand-name drugs or live to see the next President. ‘‘We have $29 per month for my husband. many therapy services. ‘‘After nearly a decade of mysterious health Can you beat that? Can you? Another reason I oppose the Trumpcare bill scares, I was diagnosed with an autoimmune ‘‘With all the congestive heart failures, and before us is because its draconian cuts in disorder called Sjogren’s syndrome last year, open heart surgeries, we’re trying. $29 per Medicaid funding and phase-out of Medicaid when I was a junior at Temple University. month. And he’s a hard worker. $39 for me.’’ expansion put community health centers at ‘‘It’s a chronic illness with no known cause Like a horror film of yore with monsters and risk. or cure, and without close medical surveillance vampires, both the original Trumpcare and its Community health centers are consumer- and care, it can lead to life-threatening com- sequels threaten to return this country to the driven and patient-centered organizations that plications (like the blood infections I frequently days when annual and lifetime dollar-based serve as a comprehensive and cost effective experience). limits on the use of essential health benefits primary health care option for America’s most ‘‘For me, having this disorder means waking shifted tremendous financial and health risks underserved communities. up every morning and taking 10 different to working families. Community health centers serve as the medications. Insurance companies could charge people health care home for more than 25 million pa- ‘‘It also means a nurse visiting my apart- with pre-existing conditions many times more tients in nearly 10,000 communities across the ment every Saturday to insert a needle into than they charge healthy people—just as they country. the port in my chest, so I can give myself IV did before the Affordable Care Act. Across the country, 550 new clinics have fluids throughout the week. Millions of Americans with pre-existing con- opened to receive 5 million new patients since ‘‘Without insurance, my medical expenses ditions would be at risk of losing health cov- 2009. would cost me about $1,000 per week—more erage or face premiums so high only the very Community health centers serve everyone than $50,000 per year. And that doesn’t even wealthy could afford them—the same people regardless of ability to pay or insurance status: include hospitalizations. who benefit from the massive tax cuts in the 1. 71 percent of health center patients have ‘‘My medical bills aren’t cheap under original bill. incomes at or below 100 percent of poverty Obamacare, but I can afford them. That is why we cannot rest until Trumpcare, and 92 percent have incomes less than 200 ‘‘Under Obamacare, insurance companies one of the most monstrously cruel and morally percent of poverty; aren’t allowed to cut you off when your costs bankrupt legislative proposals, is dead and 2. 49 percent of health center patients are climb so right now, the most I personally have buried. on Medicaid; and to pay out of pocket is $1,000 per year.’’ To paraphrase a famous former reality tele- 3. 24 percent are uninsured; BRIAN NORGAARD vision personality, ‘‘believe me, Trumpcare is 4. Community health centers annually serve ‘‘I am a small business owner and leader- a disaster.’’ on average 1.2 million homeless patients and ship trainer who Obamacare has helped tre- We should reject it and keep instead ‘‘some- more than 300,000 veterans. mendously.’’ thing terrific’’ and that is the Affordable Care

VerDate Sep 11 2014 06:36 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JY8.032 E25JYPT1 E1052 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2017 Act, regarded lovingly by millions of Americans I commend my colleague, Congressman I urge our colleagues in the Senate to listen as ‘‘Obamacare.’’ GARAMENDI, for holding this Special Order to to their constituents and do what is right: vote denounce Trumpcare. no to repeal Obamacare.

VerDate Sep 11 2014 06:36 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JY8.033 E25JYPT1 Tuesday, July 25, 2017 Daily Digest Senate amendment was in violation of section 311(a)(2)(B) Chamber Action of the Congressional Budget Act of 1974, was sus- Routine Proceedings, pages S4165–S4225 tained, and the amendment thus fell. Page S4183 Measures Introduced: Eight bills and one resolu- A unanimous-consent agreement was reached pro- tion were introduced, as follows: S. 1624–1631, and viding that the time from 9:30 a.m. until 11:30 S. Res. 231. Page S4192 a.m., on Wednesday, July 26, 2017, be equally di- Measures Considered: vided between the managers, or their designees, that at 11:30 a.m., Senator Murray, or designee, be rec- National Defense Authorization Act: Senate con- ognized to make points of order, and that Senator tinued consideration of the motion to proceed to Enzi, or designee, be recognized to make a motion consideration of H.R. 2810, to authorize appropria- to waive, and that following the motion to waive, tions for fiscal year 2018 for military activities of the Senate vote on or in relation to Enzi (for Paul) Department of Defense, for military construction, Amendment No. 271 (to Amendment No. 267) and for defense activities of the Department of En- (listed above), and following disposition of the ergy, to prescribe military personnel strengths for amendment, the time until 3:30 p.m. be equally di- such fiscal year. Pages S4165–66, S4167–68 vided on Donnelly motion to commit (listed above), American Health Care Act—Agreement: Senate with a vote on the motion at 3:30 p.m.; and that began consideration of H.R. 1628, to provide for following disposition of Donnelly motion to commit, reconciliation pursuant to title II of the concurrent Senator Murray, or her designee, be recognized to resolution on the budget for fiscal year 2017, taking offer an additional motion to commit. Page S4177 action on the following amendments and motions A unanimous-consent agreement was reached pro- proposed thereto: Pages S4168–84 viding for further consideration of the bill at ap- Pending: proximately 9:30 a.m., on Wednesday, July 26, McConnell Amendment No. 267, of a perfecting 2017, with the time until 11:30 a.m. equally di- nature. Pages S4170–76 vided between the two Leaders, or their designees. Enzi (for Paul) Amendment No. 271 (to Amend- Page S4224 ment No. 267), of a perfecting nature. Page S4183 Donnelly motion to commit the bill to the Com- Nominations Received: Senate received the fol- mittee on Finance with instructions to report back lowing nominations: with instructions. Page S4183 Samuel H. Clovis, Jr., of Iowa, to be Under Sec- Prior to the consideration of this measure today, retary of Agriculture for Research, Education, and Senate took the following action: Economics. By 51 yeas to 50 nays, Vice President voting yea Mark T. Esper, of Virginia, to be Secretary of the (Vote No. 167), Senate agreed to the motion to pro- Army. ceed to the consideration of the bill. Page S4168 Anthony Kurta, of Montana, to be a Principal During consideration of this measure today, Senate Deputy Under Secretary of Defense. also took the following action: Robert L. Wilkie, of North Carolina, to be Under By 43 yeas to 57 nays (Vote No. 168), three-fifths Secretary of Defense for Personnel and Readiness. of those Senators duly chosen and sworn, not having Joseph Balash, of Alaska, to be an Assistant Sec- voted in the affirmative, Senate rejected the motion retary of the Interior. to waive all applicable sections of the Congressional Kathleen M. Fitzpatrick, of the District of Colum- Budget Act of 1974 and applicable budget resolu- bia, to be Ambassador to the Democratic Republic tions, with respect to McConnell Amendment No. of Timor-Leste. 270 (to Amendment No. 267), of a perfecting na- A. Wess Mitchell, of Virginia, to be an Assistant ture. Subsequently, the point of order that the Secretary of State (European and Eurasian Affairs). D827

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Daniel Alan Craig, of Maryland, to be Deputy Schlemmer Farms Inc., Joliet, Montana, on behalf of Administrator, Federal Emergency Management the American Sugar Alliance; Ken Nobis, Nobis Agency, Department of Homeland Security. Dairy Farm, Novi, Michigan, on behalf of the Na- 3 Army nominations in the rank of general. tional Milk Producers Federation and Michigan Milk Routine lists in the Navy. Pages S4224–25 Producers Association; Mark Haney, Kentucky Farm Messages from the House: Pages S4187–88 Bureau Federation, Louisville, on behalf of the American Farm Bureau Federation; Roger Johnson, Measures Referred: Page S4188 National Farmers Union, Washington, D.C.; Lindsey Executive Communications: Pages S4188–91 Lusher Shute, Hearty Roots Community Farm, Hud- Petitions and Memorials: Page S4191 son, New York, on behalf of the National Young Farmers Coalition; William Cole, Stone Corner Executive Reports of Committees: Pages S4191–92 Farms, Batesville, Mississippi, on behalf of the Crop Additional Cosponsors: Pages S4192–93 Insurance Professionals Association; Ron Rutledge, Statements on Introduced Bills/Resolutions: Farmers Mutual Hail Insurance Company of Iowa, Pages S4193–95 West Des Moines; Mandy Minick, Northwest Farm Credit Services, Pasco, Washington; and Brenda Additional Statements: Page S4186 Kluesner, Royal Bank, Cassville, Wisconsin, on be- Amendments Submitted: Pages S4195–S4224 half of the Independent Community Bankers of Authorities for Committees to Meet: Page S4224 America. Privileges of the Floor: Page S4224 BUSINESS MEETING Record Votes: Two record votes were taken today. Committee on Appropriations: Subcommittee on Trans- (Total—168) Pages S4168, S4183 portation, Housing and Urban Development, and Adjournment: Senate convened at 12 p.m. and ad- Related Agencies approved for full committee con- journed at 9:58 p.m., until 9:30 a.m. on Wednes- sideration an original bill entitled, ‘‘Transportation, day, July 26, 2017. (For Senate’s program, see the Housing and Urban Development, and Related remarks of the Acting Majority Leader in today’s Agencies Appropriations Act, 2018’’. Record on page S4224.) BUSINESS MEETING Committee on Appropriations: Subcommittee on Com- Committee Meetings merce, Justice, Science, and Related Agencies ap- proved for full committee consideration an original (Committees not listed did not meet) bill entitled, ‘‘Commerce, Justice, Science and Re- 2018 FARM BILL lated Agencies Appropriations Act, 2018’’. Committee on Agriculture, Nutrition, and Forestry: Com- ACHIEVING A 355-SHIP NAVY mittee concluded a hearing to examine commodities, Committee on Armed Services: Subcommittee on credit, and crop insurance, focusing on perspectives SeaPower concluded a hearing to examine options on risk management tools and trends for the 2018 and considerations for achieving a 355-ship Navy Farm Bill, after receiving testimony from Bruce from naval analysts, after receiving testimony from Rohwer, Rohwer Farms, Paullina, Iowa, on behalf of Eric J. Labs, Senior Analyst for Naval Forces and the National Corn Growers Association; Kevin Scott, Weapons, Congressional Budget Office; Ronald Evergreen Stock Farm, Valley Springs, South Dakota, O’Rourke, Specialist in Naval Affairs, Congressional on behalf of the American Soybean Association; Research Service, Library of Congress; Jerry Hendrix, David Schemm, Arrow S Farms, Sharon Springs, Center for a New American Security; and Bryan Kansas, on behalf of the National Association of Clark, Center for Strategic and Budgetary Assess- Wheat Growers; Nick McMichen, McMichen Farm, ments. Centre, Alabama, on behalf of the National Cotton Council; Jennifer James, H and J Land Company, MARINE DEBRIS IN THE OCEANS AND Newport, Arkansas, on behalf of the USA Rice Fed- GREAT LAKES eration; Dan Atkisson, Atkisson Land and Cattle, Committee on Commerce, Science, and Transportation: Sub- Stockton, Kansas, on behalf of the National Sorghum committee on Oceans, Atmosphere, Fisheries, and Producers; Meredith McNair Rogers, Family Farm Coast Guard concluded a hearing to examine efforts Partners, Camilla, Georgia, on behalf of the Southern on marine debris in the oceans and Great Lakes, after Peanut Farmers Federation; Robert Rynning, Robert receiving testimony from Senator Whitehouse; David Rynning Farms, Kennedy, Minnesota, on behalf of A. Balton, Deputy Assistant Secretary of State for the U.S. Canola Association; Ervin Schlemmer, Oceans and Fisheries; Nancy Wallace, Director of

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the Marine Debris Program, Office of Response and Thornton, Acting Assistant Secretary of State, Bu- Restoration, National Ocean Service, National Oce- reau of East Asian and Pacific Affairs; Bruce anic and Atmospheric Administration, Department Klingner, The Heritage Foundation, Washington, of Commerce; and Melissa B. Duhaime, University D.C.; and Leon V. Sigal, Social Science Research of Michigan Department of Ecology and Evolution- Council, New York, New York. ary Biology, Ann Arbor. NOMINATIONS ADVANCED CLEAN ENERGY TECHNOLOGIES Committee on the Judiciary: Committee concluded a hearing to examine the nominations of Ralph R. Committee on Environment and Public Works: Sub- Erickson, of North Dakota, to be United States Cir- committee on Clean Air and Nuclear Safety con- cuit Judge for the Eighth Circuit, who was intro- cluded a hearing to examine developing and deploy- duced by Senators Hoeven and Heitkamp, Dabney ing advanced clean energy technologies, after receiv- Langhorne Friedrich, of California, to be United ing testimony from Senator Alexander; Steven R. States District Judge for the District of Columbia, Bohlen, Global Security E–Program Manager, Law- Stephen S. Schwartz, of Virginia, to be a Judge of rence Livermore National Laboratory, Mohammad A. the United States Court of Federal Claims, and Brian Khaleel, Associate Laboratory Director, Oak Ridge Allen Benczkowski, of Virginia, to be an Assistant National Laboratory, and Kemal Pasamehmetoglu, Attorney General, Department of Justice. Associate Laboratory Director, Nuclear Science and Technology, Idaho National Laboratory, all of the BUSINESS MEETING Department of Energy; Brian J. Anderson, West Vir- Select Committee on Intelligence: Committee met in ginia University WVU Energy Institute, Morgan- closed session to consider pending intelligence mat- town; and Jason Begger, Wyoming Infrastructure ters. Authority, Cheyenne. Committee recessed subject to the call. NORTH KOREA Committee on Foreign Relations: Subcommittee on East INTELLIGENCE Asia, the Pacific, and International Cybersecurity Select Committee on Intelligence: Committee met in Policy concluded a hearing to examine assessing the closed session to receive a briefing on certain intel- maximum pressure and engagement policy toward ligence matters from officials of the intelligence North Korea, after receiving testimony from Susan community. h House of Representatives markets, and for other purposes, with an amendment Chamber Action (H. Rept. 115–255); Public Bills and Resolutions Introduced: 22 pub- H.R. 2053, to amend the Surface Mining Control lic bills, H.R. 3377–3398; and 2 resolutions, H. and Reclamation Act of 1977 to enhance and sup- Res. 474, were introduced. Pages H6279–99 port mining and mineral engineering programs in Additional Cosponsors: Pages H6299–H6300 the United States by funding activities at mining schools, and for other purposes, with an amendment Reports Filed: Reports were filed today as follows: (H. Rept. 115–256); H.R. 3178, to amend title XVIII of the Social Se- H.R. 2939, to prohibit the conditioning of any curity Act to improve the delivery of home infusion permit, lease, or other use agreement on the transfer therapy and dialysis and the application of the Stark of any water right to the United States by the Secre- rule under the Medicare program, and for other pur- taries of the Interior and Agriculture, and for other poses, with an amendment (H. Rept. 115–254, Part purposes, with an amendment (H. Rept. 115–257, 1); Part 1); H.R. 2246, to repeal the mandatory flood insur- H.R. 3210, to require the Director of the Na- ance coverage requirement for commercial properties tional Background Investigations Bureau to submit a located in flood hazard areas and to provide for report on the backlog of personnel security clearance greater transfer of risk under the National Flood In- investigations, and for other purposes, with an surance Program to private capital and reinsurance amendment (H. Rept. 115–258); and

VerDate Sep 11 2014 07:14 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JY7.REC D25JYPT1 D830 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 2017 H. Res. 473, providing for consideration of the House to the Health Information Technology Advi- bill (H.R. 3219) making appropriations for the De- sory Committee: Ms. Cynthia A. Fisher of Newton, partment of Defense for the fiscal year ending Sep- Massachusetts. Page H6279 tember 30, 2018, and for other purposes (H. Rept. Recess: The House recessed at 8 p.m. and recon- 115–259). Page H6297 vened at 9:39 p.m. Page H6296 Speaker: Read a letter from the Speaker wherein he Quorum Calls—Votes: Two yea-and-nay votes and appointed Representative Johnson (LA) to act as two recorded votes developed during the proceedings Speaker pro tempore for today. Page H6217 of today and appear on pages H6232, H6233, Recess: The House recessed at 10:41 a.m. and re- H6278, and H6278–79. There were no quorum convened at 12 noon. Page H6222 calls. Guest Chaplain: The prayer was offered by the Adjournment: The House met at 10 a.m. and ad- Guest Chaplain, Reverend Lonnie Mitchell, Sr., journed at 9:40 p.m. Bethel African Methodist Episcopal Church, Spo- kane, WA. Page H6222 Committee Meetings Suspensions: The House agreed to suspend the rules EVALUATING DOD EQUIPMENT AND and pass the following measures: UNIFORM PROCUREMENT IN IRAQ AND Medicare Part B Improvement Act of 2017: AFGHANISTAN H.R. 3178, amended, to amend title XVIII of the Committee on Armed Services: Subcommittee on Over- Social Security Act to improve the delivery of home sight and Investigations held a hearing entitled infusion therapy and dialysis and the application of ‘‘Evaluating DOD Equipment and Uniform Procure- the Stark rule under the Medicare program; ment in Iraq and Afghanistan’’. Testimony was heard Pages H6233–39 from Jessica Farb, Director, International Affairs and Plum Island Preservation Act: H.R. 2182, to re- Trade, Government Accountability Office; John quire the Comptroller General of the United States Sopko, Special Inspector General for Afghanistan Re- to submit a report to Congress on the alternatives construction; and the following Department of De- for the final disposition of Plum Island, including fense officials: Colonel David W. Navratil, Country preservation of the island for conservation, education, Director, Iraq, Office of the Under Secretary of De- and research; and Pages H6239–41 fense, Policy; Michael Roark, Assistant Inspector General; and Peter Velz, Director, Afghanistan (Re- Countering America’s Adversaries Through sources and Transition), Office of the Under Sec- Sanctions Act: H.R. 3364, to provide congressional retary of Defense, Policy. review and to counter aggression by the Govern- ments of Iran, the Russian Federation, and North OVERSIGHT AND REAUTHORIZATION OF Korea, by a 2⁄3 yea-and-nay vote of 419 yeas to 3 THE FEDERAL COMMUNICATIONS nays, Roll No. 413. Pages H6241–68, H6278–79 COMMISSION Providing for congressional disapproval under Committee on Energy and Commerce: Subcommittee on chapter 8 of title 5, United States Code, of the Communications and Technology held a hearing en- rule submitted by Bureau of Consumer Financial titled ‘‘Oversight and Reauthorization of the Federal Protection relating to ‘‘Arbitration Agreements’’: Communications Commission’’. Testimony was heard The House passed H.J. Res. 111, providing for con- from the following Federal Communications Com- gressional disapproval under chapter 8 of title 5, mission officials: Mignon Clyburn, Commissioner; United States Code, of the rule submitted by Bureau Michael O’Rielly, Commissioner; and Ajit Pai, of Consumer Financial Protection relating to ‘‘Arbi- Chairman. tration Agreements’’, by a recorded vote of 231 ayes MISCELLANEOUS MEASURES to 190 noes, Roll No. 412. Pages H6225–33, H6268–78 Committee on Financial Services: Full Committee held H. Res. 468, the rule providing for consideration a markup on H.R. 1624, the ‘‘Municipal Finance of the joint resolution (H.J. Res. 111) was agreed to Support Act of 2017’’; H.R. 2864, the ‘‘Improving by a recorded vote of 233 ayes to 188 noes, Roll No. Access to Capital Act’’; H.R. 3110, the ‘‘Financial 411, after the previous question was ordered by a Stability Oversight Council Insurance Member Con- yea-and-nay vote of 229 yeas to 184 nays, Roll No. tinuity Act’’; H.R. 3326, the ‘‘World Bank Ac- 410. Pages H6232–33 countability Act of 2017’’; and H. Res. 442, of in- Health Information Technology Advisory Com- quiry directing the Secretary of the Treasury to pro- mittee: The Chair announced the Speaker’s appoint- vide certain documents in the Secretary’s possession ment of the following individual on the part of the to the House of Representatives relating to President

VerDate Sep 11 2014 07:14 Jul 26, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JY7.REC D25JYPT1 July 25, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D831 Trump’s financial connections to Russia, certain ille- SECURING AIR CARGO: INDUSTRY gal financial schemes, and related information. H.R. PERSPECTIVES 2864, H.R. 1624, and H.R. 3326 were ordered re- Committee on Homeland Security: Subcommittee on ported, as amended. H.R. 3110 and H. Res. 442 Transportation and Protective Security held a hear- were ordered reported, without amendment. ing entitled ‘‘Securing Air Cargo: Industry Perspec- AUTHORIZATION FOR THE USE OF tives’’. Testimony was heard from Bart Elias, Spe- MILITARY FORCE AND CURRENT cialist in Aviation Policy, Resources, Science and In- TERRORIST THREATS dustry Division, Congressional Research Service, Li- Committee on Foreign Affairs: Full Committee held a brary of Congress; and public witnesses. hearing entitled ‘‘Authorization for the Use of Mili- NO REGULATION WITHOUT tary Force and Current Terrorist Threats’’. Testimony REPRESENTATION: H.R. 2887 AND THE was heard from public witnesses. GROWING PROBLEM OF STATES EXAMINING THE PRESIDENT’S FY 2018 REGULATING BEYOND THEIR BORDERS BUDGET PROPOSAL FOR EUROPE AND Committee on the Judiciary: Subcommittee on Regu- EURASIA latory Reform, Commercial and Antitrust Law held Committee on Foreign Affairs: Subcommittee on Eu- a hearing entitled ‘‘No Regulation Without Rep- rope, Eurasia, and Emerging Threats held a hearing resentation: H.R. 2887 and the Growing Problem of entitled ‘‘Examining the President’s FY 2018 Budg- States Regulating Beyond Their Borders’’. Testimony et Proposal for Europe and Eurasia’’. Testimony was was heard from public witnesses. heard from John A. Heffern, Principal Deputy As- ASSESSING CURRENT CONDITIONS AND sistant Secretary, Bureau of European and Eurasian CHALLENGES AT THE LYNDON B. Affairs, Department of State; Daniel N. Rosenblum, JOHNSON TROPICAL MEDICAL CENTER IN Deputy Assistant Secretary for Central Asia, Bureau AMERICAN SAMOA of South and Central Asian Affairs, Department of State; Margot Ellis, Acting Assistant to the Admin- Committee on Natural Resources: Subcommittee on In- istrator, Bureau for Europe and Eurasia, U.S. Agency dian, Insular and Alaska Native Affairs held a hear- for International Development; and Ann Marie ing entitled ‘‘Assessing Current Conditions and Yastishock, Acting Senior Deputy Assistant Admin- Challenges at the Lyndon B. Johnson Tropical Med- istrator, Bureau for Asia, U.S. Agency for Inter- ical Center in American Samoa’’. Testimony was national Development. heard from Thomas Bussanich, Director of Budget, Office of Insular Affairs, Department of the Interior; HELD FOR RANSOM: THE FAMILIES OF Taufete’e John Faumuina, CEO, Director, Lyndon B. IRAN’S HOSTAGES SPEAK OUT Johnson Tropical Medical Center; and Sandra King Committee on Foreign Affairs: Subcommittee on the Young, Medicaid Director, American Samoa Med- Middle East and North Africa held a hearing enti- icaid Agency, Office of the Governor, American tled ‘‘Held for Ransom: The Families of Iran’s Hos- Samoa Government. tages Speak Out’’. Testimony was heard from public MISCELLANEOUS MEASURES witnesses. Committee on Natural Resources: Full Committee began DETER, DETECT AND INTERDICT: a markup on H.R. 825, the ‘‘Public Land Renewable TECHNOLOGY’S ROLE IN SECURING THE Energy Development Act’’; H.R. 873, the ‘‘Global BORDER War on Terrorism War Memorial Act’’; H.R. 965, Committee on Homeland Security: Subcommittee on the ‘‘Saint-Gaudens National Historical Park Redes- Border and Maritime Security held a hearing entitled ignation Act’’; H.R. 1074, to repeal the Act entitled ‘‘Deter, Detect and Interdict: Technology’s Role in ‘‘An Act to confer jurisdiction on the State of Iowa Securing the Border’’. Testimony was heard from Re- over offenses committed by or against Indians on the becca Gambler, Director, Homeland Security and Sac and Fox ’’; H.R. 1418, to Justice, Government Accountability Office; and the amend the Alaska Native Claims Settlement Act to following Department of Homeland Security offi- provide that Alexander Creek, Alaska, is and shall be cials: Dennis J. Michelini, Acting Executive Director recognized as an eligible Native village under that of Operations, Air and Marine Operations, Customs Act, and for other purposes; H.R. 1491, the ‘‘Santa and Border Protection; Todd C. Owens, Executive Ynez Band of Chumash Indians Land Affirmation Assistant Commissioner, Office of Field Operations, Act of 2017’’; H.R. 1547, the ‘‘Udall Park Land Ex- Customs and Border Protection; and Scott A. Luck, change Completion Act’’; H.R. 2075, the ‘‘Crooked Acting Deputy Chief, Border Patrol. River Ranch Fire Protection Act’’; H.R. 2083, the

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‘‘Endangered Salmon and Fisheries Predation Preven- a Member designated in the report, shall be consid- tion Act’’; H.R. 2199, the ‘‘Federal Land Asset In- ered as read, shall be debatable for the time specified ventory Reform Act of 2017’’; H.R. 2316, the ‘‘Co- in the report equally divided and controlled by the operative Management of Mineral Rights Act of proponent and an opponent, may be withdrawn by 2017’’; H.R. 2371, the ‘‘Western Area Power Ad- the proponent at any time before action thereon, ministration Transparency Act’’; H.R. 2374, the shall not be subject to amendment, and shall not be ‘‘Eastern Nevada Economic Development and Land subject to a demand for division of the question. The Management Improvement Act’’; H.R. 2423, the rule waives all points of order against the amend- ‘‘Washington County, Utah, Public Lands Manage- ments printed in the report or against amendments ment Implementation Act’’; H.R. 2582, the ‘‘Con- en bloc described in section 3 of the resolution. The firming State Land Grants for Education Act’’; H.R. rule provides that it shall be in order at any time 2611, the ‘‘Little Rock Central High School Na- for the chair of the Committee on Appropriations or tional Historic Site Boundary Modification Act’’; his designee to offer amendments en bloc consisting H.R. 2615, the ‘‘Gulf Islands National Seashore of amendments printed in the report not earlier dis- Land Exchange Act of 2017’’; H.R. 2768, the posed of. Amendments en bloc shall be considered as ‘‘Fowler and Boskoff Peaks Designation Act’’; H.R. read, shall be debatable for 20 minutes equally di- 3115, the ‘‘Superior National Forest Land Exchange vided and controlled by the chair and ranking mi- Act of 2017’’; H.R. 3279, the ‘‘Helium Extraction nority member of the Committee on Appropriations Act of 2017’’; and H.R. 3281, the ‘‘Reclamation or their designees, shall not be subject to amend- Title Transfer and Non-Federal Infrastructure ment, and shall not be subject to a demand for divi- Incentivization Act’’. sion of the question. The rule provides that the chair EXAMINING ‘SUE AND SETTLE’ and ranking minority member of the Committee on AGREEMENTS: PART II Appropriations or their respective designees may offer up to 20 pro forma amendments each at any Committee on Oversight and Government Reform: Sub- point for the purpose of debate. The rule provides committee on Intergovernmental Affairs; and Sub- that no further consideration of the bill shall be in committee on the Interior, Energy and Environment order except pursuant to a subsequent order of the held a joint hearing entitled ‘‘Examining ’Sue and House. In section 6, the rule provides that during Settle’ Agreements: Part II’’. Testimony was heard consideration of H.R. 3219, it shall not be in order from Carl E. Geffken, City Administrator, Fort to use a decrease in Overseas Contingency Oper- Smith, Arkansas; and public witnesses. ations funds to offset an amendment that increases DEPARTMENT OF DEFENSE an appropriation not designated as Overseas Contin- APPROPRIATIONS ACT, 2018 gency Operations funds or vice versa, but does not Committee on Rules: Full Committee began a hearing apply to amendments between the Houses. Testi- on H.R. 3219, the ‘‘Department of Defense Appro- mony was heard from Representatives Graves of Lou- priations Act, 2018’’ [Make America Secure Appro- isiana, Blumenauer, Courtney, and Jackson Lee. priations Act, 2018] [Meeting II]. The Committee EXAMINING ADVANCEMENTS IN granted, by record vote of 9–3, a structured rule for BIOFUELS: BALANCING FEDERAL H.R. 3219. The rule provides two hours of general RESEARCH AND MARKET INNOVATION debate equally divided and controlled by the chair Committee on Science, Space, and Technology: Sub- and ranking minority member of the Committee on committee on Environment; and Subcommittee on Appropriations. The rule waives all points of order Energy held a joint hearing entitled ‘‘Examining Ad- against consideration of the bill. The rule provides vancements in Biofuels: Balancing Federal Research that an amendment in the nature of a substitute and Market Innovation’’. Testimony was heard from consisting of the text of Rules Committee Print Paul Gilna, Director, BioEnergy Science Center and 115–30 shall be considered as adopted and the bill, Deputy-Division Director of Biosciences, Oak Ridge as amended, shall be considered as read. The rule National Laboratory; and public witnesses. waives all points of order against provisions in the bill, as amended, for failure to comply with clause BUILDING A 21ST CENTURY 2 of rule XXI. The rule makes in order only those INFRASTRUCTURE FOR AMERICA: COAST further amendments printed in the Rules Committee GUARD SEA, LAND, AND AIR report, amendments en bloc described in section 3 of CAPABILITIES, PART II the resolution, and pro forma amendments described Committee on Transportation and Infrastructure: Sub- in section 4 of the resolution. Each amendment committee on Coast Guard and Maritime Transpor- printed in the report may be offered only in the tation held a hearing entitled ‘‘Building a 21st Cen- order printed in the report, may be offered only by tury Infrastructure for America: Coast Guard Sea,

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Mak, Director, Acquisition and Sourcing Manage- on Public Lands, Forests, and Mining, to hold hearings to examine S. 32, to provide for conservation, enhanced ment, Government Accountability Office; Ronald recreation opportunities, and development of renewable O’Rourke, Specialist in Naval Affairs, Congressional energy in the California Desert Conservation Area, S. 90, Research Service, Library of Congress; and a public to survey the gradient boundary along the Red River in witness. the States of Oklahoma and Texas, S. 357, to direct the PTSD CLAIMS: ASSESSING WHETHER VBA Secretary of the Interior to convey certain public lands in IS EFFECTIVELY SERVING VETERANS San Bernardino County, California, to the San Bernardino Valley Water Conservation District, and to accept in re- Committee on Veterans’ Affairs: Subcommittee on Dis- turn certain exchanged non-public lands, S. 436, to au- ability Assistance and Memorial Affairs held a hear- thorize the Secretary of the Interior to retire coal pref- ing entitled ‘‘PTSD Claims: Assessing Whether erence right lease applications for which the Secretary has VBA is Effectively Serving Veterans’’. Testimony made an affirmative commercial quantities determination, was heard from Ronald S. Burke, Assistant Deputy to substitute certain land selections of the Navajo Nation, Under Secretary, Office for Field Operations, Vet- to designate certain wilderness areas, S. 467, to provide erans Benefits Administration, Department of Vet- for the disposal of certain Bureau of Land Management erans Affairs; and public witnesses. land in Mohave County, Arizona, S. 468, to establish a procedure for resolving claims to certain rights-of-way, S. INTERNAL REVENUE SERVICE’S 614, to require the Secretary of the Interior to establish ELECTRONIC RECORD RETENTION a pilot program for commercial recreation concessions on POLICIES: IMPROVING COMPLIANCE certain land managed by the Bureau of Land Manage- Committee on Ways and Means: Subcommittee on ment, S. 785, to amend the Alaska Native Claims Settle- Oversight held a hearing entitled ‘‘Internal Revenue ment Act to provide for equitable allotment of land to Service’s Electronic Record Retention Policies: Im- Alaska Native veterans, S. 837, to provide for the convey- proving Compliance’’. Testimony was heard from ance of certain land to Washington County, Utah, to au- thorize the exchange of Federal land and non-Federal land Gregory Kutz, Assistant Inspector General for Audit, in the State of Utah, S. 884, to amend the Omnibus Management Services and Exempt Organizations, Budget Reconciliation Act of 1993 to require the Bureau Treasury Inspector General for Tax Administration; of Land Management to provide a claimant of a small Jeffrey Tribiano, Deputy Commissioner for Oper- miner waiver from claim maintenance fees with a period ations Support, Internal Revenue Service; and Ed- of 60 days after written receipt of 1 or more defects is ward Killen, Director of Privacy, Governmental Liai- provided to the claimant by registered mail to cure the son, and Disclosure, Internal Revenue Service. 1 or more defects or pay the claim maintenance fee, S. 941, to withdraw certain National Forest System land in Joint Meetings the Emigrant Crevice area located in the Custer Gallatin National Forest, Park County, Montana, from the mining No joint committee meetings were held. and mineral leasing laws of the United States, S. 1149, f to amend the Alaska Native Claims Settlement Act to re- peal a provision limiting the export of timber harvested COMMITTEE MEETINGS FOR WEDNESDAY, from land conveyed to the Kake Tribal Corporation under JULY 26, 2017 that Act, S. 1230, to prohibit the conditioning of any (Committee meetings are open unless otherwise indicated) permit, lease, or other use agreement on the transfer of any water right to the United States by the Secretaries Senate of the Interior and Agriculture, S. 1271, to designate cer- Committee on Appropriations: Subcommittee on Financial tain mountain peaks in the State of Colorado as ‘‘Fowler Services and General Government, to hold hearings to ex- Peak’’ and ‘‘Boskoff Peak’’, and S. 1548, to designate cer- amine proposed budget estimates and justification for fis- tain land administered by the Bureau of Land Manage- cal year 2018 for the Department of the Treasury, 10 ment and the Forest Service in the State of Oregon as a.m., SD–138. wilderness and national recreation areas and to make ad- Committee on Commerce, Science, and Transportation: to ditional wild and scenic river designations in the State of hold hearings to examine the nominations of Karen Dunn Oregon, 9:45 a.m., SD–366. Kelley, of Pennsylvania, to be Under Secretary for Eco- Committee on Environment and Public Works: business nomic Affairs, and Peter B. Davidson, of Virginia, to be meeting to consider S. 1514, to amend certain Acts to General Counsel, both of the Department of Commerce, reauthorize those Acts and to increase protections for and Mark H. Buzby, of Virginia, to be Administrator of wildlife, 10 a.m., SD–406.

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Committee on Foreign Relations: Subcommittee on Africa Committee on Indian Affairs: business meeting to con- and Global Health Policy, to hold hearings to examine sider S. 1285, to allow the Confederated Tribes of Coos, South Sudan’s conflict and famine; to be immediately fol- Lower Umpqua, and Siuslaw Indians, the Confederated lowed by a full committee hearing to examine the nomi- Tribes of the Grand Ronde Community of Oregon, the nations of Michael Arthur Raynor, of Maryland, to be Confederated Tribes of Siletz Indians of Oregon, the Con- Ambassador to the Federal Democratic Republic of Ethi- federated Tribes of Warm Springs, and the Cow Creek opia, Maria E. Brewer, of Indiana, to be Ambassador to Band of Umpqua Tribe of Indians to lease or transfer cer- the Republic of Sierra Leone, and John P. Desrocher, of tain lands, and H.R. 984, to extend Federal recognition New York, to be Ambassador to the People’s Democratic to the Chickahominy Indian Tribe, the Chickahominy In- Republic of Algeria, all of the Department of State, 10 dian Tribe-Eastern Division, the Upper Mattaponi Tribe, a.m., SD–419. the Rappahannock Tribe, Inc., the Monacan Indian Na- Committee on Homeland Security and Governmental Affairs: tion, and the Nansemond Indian Tribe; to be imme- business meeting to consider S. 873, to amend section diately followed by an oversight hearing to examine the 8433 of title 5, United States Code, to provide for flexi- Government Accountability Office reports on human traf- bility in making withdrawals from the Thrift Savings ficking of American Indian and Alaska Natives in the Fund, S. 288, to require notice and comment for certain United States, 2:30 p.m., SD–628. interpretative rules, S. 886, to amend the Homeland Se- Committee on the Judiciary: to hold an oversight hearing curity Act of 2002 to establish an Acquisition Review to examine the Foreign Agents Registration Act and at- Board in the Department of Homeland Security, S. 906, tempts to influence United States elections, focusing on to amend the Homeland Security Act of 2002 to provide lessons learned from current and prior Administrations, for congressional notification regarding major acquisition 10 a.m., SH–216. program breaches, S. 1199, to amend the Homeland Se- Committee on Veterans’ Affairs: business meeting to con- curity Act of 2002 to reauthorize the Border Enforcement sider S. 1598, to amend title 38, United States Code, to Security Task Force program within the Department of make certain improvements in the laws administered by Homeland Security, S. 938, to require notice of cost-free the Secretary of Veterans Affairs, 11 a.m., S–216, Capitol. Federal procurement technical assistance in connection Special Committee on Aging: to hold hearings to examine with registration of small business concerns in procure- progress toward a cure for Type I Diabetes, focusing on ment systems, S. 1208, to direct the Secretary of Home- research and the artificial pancreas, 9:30 a.m., SD–106. land Security to provide for an option under the Secure Mail Initiative under which a person to whom a docu- House ment is sent under that initiative may elect to have the United States Postal Service use the Hold for Pickup Committee on Agriculture, Full Committee, hearing enti- service or the Signature Confirmation service in delivering tled ‘‘Renegotiating NAFTA: Opportunities for Agri- the document, S. Con. Res. 15, expressing support for the culture’’, 10 a.m., 1300 Longworth. designation of October 28, 2017, as ‘‘Honoring the Na- Committee on Education and the Workforce, Subcommittee tion’s First Responders Day’’, H.R. 1293, to amend title on Higher Education and Workforce Development, hear- 5, United States Code, to require that the Office of Per- ing entitled ‘‘Expanding Options for Employers and sonnel Management submit an annual report to Congress Workers Through Earn-and-Learn Opportunities’’, 10 relating to the use of official time by Federal employees, a.m., 2175 Rayburn. H.R. 1117, to require the Administrator of the Federal Committee on Energy and Commerce, Subcommittee on En- Emergency Management Agency to submit a report re- ergy, hearing entitled ‘‘Powering America: A Review of garding certain plans regarding assistance to applicants the Operation and Effectiveness of the Nation’s Wholesale and grantees during the response to an emergency or dis- Electricity Markets’’, 10 a.m., 2123 Rayburn. aster, H.R. 1679, to ensure that the Federal Emergency Subcommittee on Health, hearing entitled ‘‘Examining Management Agency’s current efforts to modernize its the Extension of Special Needs Plans’’, 10:15 a.m., 2322 grant management system includes applicant accessibility Rayburn. and transparency, H.R. 195, to amend title 44, United Committee on Foreign Affairs, Subcommittee on the Mid- States Code, to restrict the distribution of free printed dle East and North Africa, hearing entitled ‘‘Assessing copies of the Federal Register to Members of Congress the U.S.-Qatar Relationship’’, 2 p.m., 2172 Rayburn. and other officers and employees of the United States, Committee on Homeland Security, Full Committee, mark- H.R. 194, to ensure the effective processing of mail by up on H.R. 2626, the ‘‘Strong Visa Integrity Secures Federal agencies, and an original bill to amend the Ethics America Act’’; H.R. 2805, to permanently authorize the in Government Act of 1978 to reauthorize the Judicial Asia-Pacific Economic Cooperation Business Travel Card Conference of the United States to redact sensitive infor- Program; H.R. 3202, the ‘‘Cyber Vulnerability Disclosure mation contained in financial disclosure reports of judicial Reporting Act’’; H.R. 3284, the ‘‘Joint Counterterrorism officers and employees, 10 a.m., SD–342. Awareness Workshop Series Act of 2017’’; H.R. 3328, Permanent Subcommittee on Investigations, to hold an the ‘‘Cuban Airport Security Act of 2017’’; to amend the oversight hearing to examine Federal infrastructure per- Homeland Security Act of 2002 to authorize the Cyberse- mitting and the Federal Permitting Improvement Steer- curity and Infrastructure Security Agency of the Depart- ing Council, 2:30 p.m., SD–342. ment of Homeland Security, and for other purposes; and

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H. Res. 447, directing the Secretary of Homeland Secu- Ranch Fire Protection Act’’; H.R. 2083, the ‘‘Endangered rity to transmit certain documents to the House of Rep- Salmon and Fisheries Predation Prevention Act’’; H.R. resentatives relating to Department of Homeland Security 2199, the ‘‘Federal Land Asset Inventory Reform Act of policies and activities relating to businesses owned or 2017’’; H.R. 2316, the ‘‘Cooperative Management of controlled by President Donald J. Trump, 11:30 a.m., Mineral Rights Act of 2017’’; H.R. 2371, the ‘‘Western HVC–210. Area Power Administration Transparency Act’’; H.R. Committee on House Administration, Full Committee, 2374, the ‘‘Eastern Nevada Economic Development and hearing entitled ‘‘Oversight of the Library of Congress’ Land Management Improvement Act’’; H.R. 2423, the Strategic Plan’’, 11 a.m., 1310 Longworth. ‘‘Washington County, Utah, Public Lands Management Committee on the Judiciary, Full Committee, markup on Implementation Act’’; H.R. 2582, the ‘‘Confirming State H.R. 391, the ‘‘Asylum Reform and Border Protection Land Grants for Education Act’’; H.R. 2611, the ‘‘Little Act of 2017’’; and H. Res. 446, resolution of inquiry re- Rock Central High School National Historic Site Bound- questing the President and directing the Attorney Gen- ary Modification Act’’; H.R. 2615, the ‘‘Gulf Islands Na- eral to transmit, respectively, certain documents to the tional Seashore Land Exchange Act of 2017’’; H.R. 2768, House of Representatives relating to the removal of the ‘‘Fowler and Boskoff Peaks Designation Act’’; H.R. former Federal Bureau of Investigation Director James 3115, the ‘‘Superior National Forest Land Exchange Act Comey, 10 a.m., 2141 Rayburn. of 2017’’; H.R. 3279, the ‘‘Helium Extraction Act of Committee on Natural Resources, Full Committee, con- 2017’’; and H.R. 3281, the ‘‘Reclamation Title Transfer tinue markup on H.R. 825, the ‘‘Public Land Renewable and Non-Federal Infrastructure Incentivization Act’’, 10 Energy Development Act’’; H.R. 873, the ‘‘Global War a.m., 1324 Longworth. on Terrorism War Memorial Act’’; H.R. 965, the ‘‘Saint- Committee on Oversight and Government Reform, Full Com- Gaudens National Historical Park Redesignation Act’’; mittee, hearing entitled ‘‘Office of National Drug Control H.R. 1074, to repeal the Act entitled ‘‘An Act to confer Policy: Reauthorization in the 115th Congress’’, 10 a.m., jurisdiction on the State of Iowa over offenses committed 2154 Rayburn. by or against Indians on the Sac and Fox Indian Reserva- Committee on Science, Space, and Technology, Subcommittee tion’’; H.R. 1418, to amend the Alaska Native Claims on Research and Technology, hearing entitled ‘‘STEM Settlement Act to provide that Alexander Creek, Alaska, and Computer Science Education: Preparing the 21st is and shall be recognized as an eligible Native village Century Workforce’’, 10 a.m., 2318 Rayburn. under that Act, and for other purposes; H.R. 1491, the Committee on Small Business, Full Committee, hearing ‘‘Santa Ynez Band of Chumash Indians Land Affirmation entitled ‘‘Protecting Small Businesses from Cyber At- Act of 2017’’; H.R. 1547, the ‘‘Udall Park Land Ex- tacks: the Cybersecurity Insurance Option’’, 11 a.m., change Completion Act’’; H.R. 2075, the ‘‘Crooked River 2360 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, July 26 10 a.m., Wednesday, July 26

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. ation of H.R. 1628, American Health Care Act, and vote 3219—Make America Secure Appropriations Act, 2018 on or in relation to Enzi (for Paul) Amendment No. 271 (Subject to a Rule). Consideration of measures under sus- (to Amendment No. 267) at 11:30 a.m., and vote on the pension of the Rules. Donnelly motion to commit at 3:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E1044 McCollum, Betty, Minn., E1044, E1047 Gutie´rrez, Luis V., Ill., E1044 McGovern, James P., Mass., E1045 Barletta, Lou, Pa., E1047 Jackson Lee, Sheila, Tex., E1049, E1049 Renacci, James B., Ohio, E1045 Bishop, Sanford D., Jr., Ga, E1047 Jenkins, Evan H., W.Va., E1047 Rooney, Francis, Fla., E1043, E1044, E1045 Brat, Dave, Va., E1046 Kaptur, Marcy, Ohio, E1048 Rooney, Thomas J., Fla., E1044 Buck, Ken, Colo., E1044, E1046, E1047 Katko, John, N.Y., E1043 Rutherford, John H., Fla., E1043, E1045 Budd, Ted, N.C., E1046 Lawrence, Brenda L., Mich., E1049 Sensenbrenner, F. James, Jr., Wisc., E1046 Cartwright, Matt, Pa., E1044 Lieu, Ted, Calif., E1048 Sewell, Terri A., Ala., E1043, E1048 Clyburn, James E., S.C., E1049 Luetkemeyer, Blaine, Mo., E1043 Walorski, Jackie, Ind., E1044 DeGette, Diana, Colo., E1048 Marchant, Kenny, Tex., E1045 Welch, Peter, Vt., E1045 Frankel, Lois, Fla., E1047 McCaul, Michael T., Tex., E1049 Williams, Roger, Tex., E1044

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