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, WEDNESDAY, JUNE 28, 2017 No. 111 House of Representatives The House met at 10 a.m. and was conditions. We made sure that people surer on the individual market for next called to order by the Speaker pro tem- with preexisting conditions can buy year. She has no options to buy health pore (Mr. BOST). health insurance that is reasonably insurance next year. She called me up f priced, similar to people who have no and said: I don’t know what I am going preexisting conditions, but then we to do. DESIGNATION OF SPEAKER PRO kicked in billions of dollars to sub- I didn’t have a good answer for her. TEMPORE sidize those premiums to help those That is why we need to get this done. The SPEAKER pro tempore laid be- people be in the insurance market be- Prior to ObamaCare—I don’t know if fore the House the following commu- cause I think it is important that those a lot of people realize this—when I was nication from the Speaker: people are in the insurance market and a self-employed farmer, I bought my WASHINGTON, DC, have access to insurance that is afford- health insurance through association June 28, 2017. able. plans. ObamaCare did away with asso- I hereby appoint the Honorable MIKE BOST I think it is really un-American to ciation plans and forced people onto to act as Speaker pro tempore on this day. pull the rug out from people because PAUL D. RYAN, the exchanges and mandated what kind Speaker of the House of Representatives. they got sick. of coverage you had to buy. ObamaCare is imploding. In Ohio— f Ironically, as a Member of Congress, and this is from the Health and Human I am required to be on ObamaCare, and MORNING-HOUR DEBATE Services Agency—ObamaCare in Ohio, I am. But the ironic thing is, next year, The SPEAKER pro tempore. Pursu- since 2013, premiums have increased 86 if things don’t change—and I was ant to the order of the House of Janu- percent. We had almost 236,000 families forced to be on the D.C. exchange, but ary 3, 2017, the Chair will now recog- pay almost $44 million in penalties be- if I was forced to be on my county ex- nize Members from lists submitted by cause they couldn’t afford their health change back where I live, my county the majority and minority leaders for insurance. does not have a health insurer in the morning-hour debate. Then there is also a myth out there individual market next year. I think it The Chair will alternate recognition that the price is going through the is ironic as a Member of Congress, if I between the parties. All time shall be roof, it is collapsing because of the cur- wasn’t on the D.C. exchange, I wouldn’t equally allocated between the parties, rent administration. Well, if you look be able to buy insurance through my and in no event shall debate continue at the facts, the average premium sky- exchange back home because it will beyond 11:50 a.m. Each Member, other rocketed by nearly $3,000 across the not be available. country during the previous adminis- than the majority and minority leaders How do we fix this? tration’s final term. Eighty-three in- and the minority whip, shall be limited I think we have to incorporate free- to 5 minutes. surers left the market, and the average exchange premium spiked 25 percent market principles. We have to get the f last year alone. Americans living in cost down, and then the market will PROVIDING HEALTH INSURANCE roughly one-third of our Nation’s coun- work. The SPEAKER pro tempore. The ties have only one option of healthcare How do we get the cost down? Chair recognizes the gentleman from coverage precisely because this law has We have to have price discovery, and Ohio (Mr. GIBBS) for 5 minutes. continued to fail. All this has occurred how you get that is through competi- Mr. GIBBS. Mr. Speaker, I am dis- prior to the current administration. tion. I think health savings accounts is appointed to hear that the Senate will Mr. Speaker, I got a phone call last one way you will get competition and not be able to take up the healthcare night from a lady whom I have known personal responsibility. People will bill this week, but this is a tough issue. for over 30 years. She is self-employed, shop around on a nonemergency-type It is a tough issue because, at least on running a service-type business, and basis, and it will help drive the cost my side of the aisle, we want to do the she was struggling to pay for her down. right thing. We want to make sure that healthcare under the ObamaCare ex- ObamaCare did away with health sav- people can buy health insurance that is changes. She has prayed these last few ings accounts. affordable and accessible, and not pull years that she wouldn’t get sick be- Also, tort reform. We need to make the rug out from under people who cause she wouldn’t be able to meet the sure that doctors practicing medicine have issues. deductible. She works 12-hour days. don’t have to worry about frivolous In the House, we passed a bill, and She is in one of those at least 20 coun- lawsuits and fight defensive medicine. one of the big issues was preexisting ties in Ohio that will not have an in- That is really important.

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 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.000 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5236 CONGRESSIONAL RECORD — HOUSE June 28, 2017 We need to be able to buy insurance lic—pointed out that the health ex- TRIO PROGRAM ESSENTIAL FOR across State lines. We have it in prop- changes are not collapsing. They are STUDENTS erty and casualty insurance. We have actually in pretty good shape and they The SPEAKER pro tempore. The it in auto insurance. We ought to have could be made stronger with relatively Chair recognizes the gentleman from it in health insurance. It ought to be simple changes, because what we have Pennsylvania (Mr. THOMPSON) for 5 portable, you take it with you. And seen for the last 7 years, the Repub- minutes. you also have your health savings ac- lican plan has been to chip away at the Mr. THOMPSON of Pennsylvania. count that you can take with you and Affordable Care Act, to make it worse, Mr. Speaker, I rise today to speak be portable. to create more uncertainty. Recently, about TRIO programs, which, for more These are some of the things that we the administration refused to advertise than 50 years, have helped millions of can do, but we have to let the market to help people join this year’s enroll- low-income students attend college. work. That is my hope. And this is a ment period and eliminated enforce- Often, these students are the first in tough issue. The Senate is working ment of the mandate, making the mar- their family to earn a college degree. through it. They want to do the right ket even more unstable. TRIO programs have helped low-in- thing. They want to make sure that How do we have such an alternative come and disabled students who want Americans have affordable, high-qual- universe? to pursue a higher education, but ity health insurance coverage that Well, I suggest that one of the prob- thought college was unaffordable and they can buy. We need to work through lems is that my friends on the Repub- out of reach. that, and I think the Senate will get lican side of the aisle who crafted the Children from disadvantaged families there. Hopefully, we will get a bill on House bill and who are working in se- often struggle to access important the President’s desk so my friend, cret in the Senate crafting the Senate mentoring, tutoring, and other hands- whom I have known for over 30 years, bill listen to the wrong people. They on services designed to help encourage can buy health insurance next year and listen to a small group, some of whom high school completion and the pursuit not have to worry about the risk of benefit from the Republican approach of postsecondary education. what happens if she gets sick, or if she because there are extra subsidies that Sadly, these students are often un- will have to go on Medicaid. go to them, or people who benefit from prepared for college academics and re- Mr. Speaker, one out of four Ameri- massive tax cuts that, frankly, they quire remedial courses that add to the cans today are on Medicaid. That is not don’t need. They listen to people who challenges of completing a program. really a good option. I am seeing some are all about political talking points Too many disadvantaged students sim- of our physicians are not treating Med- and not about the facts of healthcare ply give up on even applying to college icaid patients. in America. Most of all, they don’t talk because they are confused by the appli- Do you know why that is? to real people on the ground who would Because they are a service business, cation process, overwhelmed by the be affected. and there are only so many hours in cost, or are unaware of the available fi- the day. So they have to have people In what universe is a $773 billion cut nancial aid options, despite our best ef- with health insurance or self-payers, over the next 10 years to Medicaid not forts to ensure the information is and they can’t have too many people a reduction? available and understandable. on their client portfolio that have Med- Tell a 75-year-old widow who is look- Recognizing these challenges, the icaid with reimbursements that are too ing at being in a nursing home for the Federal Government has created sev- low for the cost of service. That is rest of her life—6 percent of our Med- eral programs to help disadvantaged what we have moved to. icaid funding goes to people in nursing students access the support necessary to realize the dream of a college de- f homes. It is almost half of the total funding. Tell them that that is not gree. For example, college preparation PROVIDING HEALTH INSURANCE going to be a cut, that that is not going and retention programs such as TRIO, The SPEAKER pro tempore. The to reduce services, maybe not make it Upward Bound, Talent Search, and Chair recognizes the gentleman from available at all. Sixty-four percent of Student Support Services provide a Oregon (Mr. BLUMENAUER) for 5 min- people in nursing homes rely on Med- pipeline of support services that en- utes. icaid. courage low-income students to grad- uate high school and earn a postsec- Mr. BLUMENAUER. Mr. Speaker, I There are 15 million people who are ondary degree. listen to my friend from Ohio, and I am not going to have healthcare if the Re- Mr. Speaker, just last week, the just kind of wondering how he gets to publican proposal goes into effect, ac- House unanimously approved the his position. cording to the objective independent Strengthening Career and Technical The Affordable Care Act didn’t do scorekeepers. But you can look at the Education for the 21st Century Act to away with health savings accounts, calculations yourself as a member of reauthorize the Carl D. Perkins Act and that is a fact that can be easily the public. The Kaiser organization has and support skills-based career edu- verified. Or the notion that somehow a calculator where you can figure out if cation. This bill will help close the Medicaid is a negative because it was people are better off under the existing skills gap that exists today and prepare expanded, and the gentleman’s own plan or under the Republican alter- students for in-demand jobs. Governor has been arguing here native. A person in Utah making $15,000 TRIO programs are just as important against the Republican plan because it would pay $400 after tax credits, but to help those who want to pursue a col- would eviscerate Medicaid. Medicaid have a $6,000 deductible. They are not lege degree have the resources nec- provides more healthcare than any talking to real people. other program in America. essary to do so. Sadly, what we have seen is that the A situation in Baker City, Oregon, a As a senior member on the House proposals that have been coming for- 40-year-old is going to face a 128 per- Education and the Workforce Com- ward are way off the mark, just like cent increase if the Republican pro- mittee, I am a strong supporter of my friend from Ohio a moment ago. posal goes into effect. TRIO. I am also a member of the House The claims that it would not cut Med- A 60-year-old woman in Strong, TRIO Caucus. I want all Americans to icaid, claims to make the system bet- Maine, making almost $40,000 a year is have higher education opportunities if ter, and save the Affordable Care Act currently eligible for a credit of about that is the path that they choose. from collapse are mythology. $7,000, which means she gets a com- The TRIO program dates back to the The Congressional Budget Office re- prehensive policy in 2020 for $4,500. But Economic Opportunity Act of 1964 in port—these are the independents score- the Republican Senate plan would re- response to the administration’s War keepers, and, in fact, the head of the sult in her costs in 2020 being $15,000 a on Poverty. That is when Upward Congressional Budget Office was ap- year, one-third of her income. Bound was formed. In 1965, Talent pointed by the Republicans, their 49- Mr. Speaker, I invite the public to in- Search, the second outreach program, page report that is available online to vestigate for themselves and see who was created as part of the Higher Edu- any Member of Congress, to the pub- the Republicans aren’t listening to. cation Act.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.002 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5237 b 1015 anyone here who is deportable or could have a better idea of how to fight crime In 1968, Student Support Services, be deportable by passing new laws to than the county executives, State leg- which was originally known as Special criminalize them. islators, mayors, and local police Services for Disadvantaged Students, Now, to coincide with the talk radio chiefs. ‘‘Do what we say or we will take was authorized by the Higher Edu- anti-immigration week, Republicans away your money’’ is what the Repub- cation Amendments and became the are putting on a passion play of their licans are saying to big cities and third in a series of educational oppor- own in the House of Representatives by counties. That is the approach being taken by tunity programs. By the late 1960s, the bringing two anti-immigrant bills to the conservatives who always talk term TRIO was coined to describe these the floor. about how State and local people three Federal programs. So we have a coordinated campaign should be trusted more and protected Over the years, the TRIO programs from broadcasters, lawmakers, and the from Federal mandates. Well, I guess, have been expanded and improved to anti-immigration advocates to pres- sure Congress into passing bills to not when it comes to immigrants. This provide a wider range of services and to is why these types of bills are opposed reach more students who need assist- paint immigrants as a threat to our na- tional and community safety—right by the National Fraternal Order of Po- ance. In 1990, the Department created lice and other police organizations. the Upward Bound Math and Science out of the Trump playbook. The question is not whether or not So to all the talk radio hosts and ad- program to address the need for spe- these bills will pass the House—they vocacy groups: Why are you on the side cific instruction in the fields of math will pass—but whether Democrats will opposing the National Fraternal Order and science. be tempted to vote for tough-sounding of Police? And why would any Demo- Mr. Speaker, as you can see, TRIO measures because they are afraid to be crat want to cross that blue line to programs have a long history of help- labeled by conservative talk radio stand with you? ing low-income individuals, first-gen- hosts as weak on punishing the ‘‘mur- f eration college students, and individ- dering, rapist, drug-dealing Mexicans’’ uals with disabilities reach their full MEGAN’S STORY they think are lurking in every alley. potential. I support these programs, Of course, that is not what these bills The SPEAKER pro tempore. The and I want to see every American reach Chair recognizes the gentleman from actually do at all. Truth and talk radio his or her educational goals. Texas (Mr. POE) for 5 minutes. do not often go together—certainly not Mr. POE of Texas. Mr. Speaker, I f in the era of Trump. want to tell Megan’s story from her Let’s look at the two bills Repub- IMMIGRANT HERITAGE MONTH point of view and her beliefs. licans are bringing for a vote. She was smart, kind, ambitious, and The SPEAKER pro tempore. The One bill is H.R. 3004, named for Kate Chair recognizes the gentleman from funny. She loved other people. Steinle, a young woman who was shot After attending high school in Aus- Illinois (Mr. GUTIE´ RREZ) for 5 minutes. and killed by an immigrant nearly 2 tin, Texas, she enrolled in the Univer- Mr. GUTIE´ RREZ. Mr. Speaker, June years ago in San Francisco. It hap- sity of Alabama. She had a beautiful is Immigrant Heritage Month in the pened in July, and as you may remem- life—that is, until she was sexually as- United States, but to celebrate that, ber, I was the first person to come to saulted in January of 2015. House Republicans have made this the floor and give a speech denouncing After a night of drinking with her anti-immigration week in the Con- Kate’s killer and calling for laws that friends, Megan was ready to go home gress. keep people like him off the streets. and go to bed. However, a finely The advocates against legal immigra- A week later, while talking about dressed young businessman who re- tion have their annual talk radio fes- various immigration issues in Spanish ferred to himself as ‘‘Sweet T’’ offered tival here in D.C. this week to extol with Telemundo, a quote was included to give her a ride. the virtues of cutting off legal immi- in a story about Kate Steinle’s killing. You see, Mr. Speaker, ‘‘Sweet T’’ was gration. After it was aired, rightwing groups from the richest family in Tuscaloosa, Dozens of conservative talk radio circulated it, alleging it was proof that Alabama, and just so happened to be a hosts set up remote broadcasts here to I was insensitive to the Steinle family, big financial backer of that university. talk about why criminalizing immi- when, in fact, I was not speaking about Megan didn’t remember climbing grants and turning misdemeanors into Kate Steinle at the time, and I had al- into his sleek Mercedes, but she woke felonies is a good thing for America. ready spoken out specifically on Kate’s up at his Southern mansion and knew They may trade stories, while broad- death here on the floor. something was wrong. Megan said she casting on the air, about immigrants But what is coming to the floor this resisted his initial advances and re- doing horribly bad things to people in week would not have kept Kate peatedly told him she wanted to go America, as if we were in a national Steinle’s killer off the streets. It would home. He refused to do so. Instead, he crime spree of Brown people killing have had no impact on that case what- sexually assaulted her, and then he fell White people. soever. Instead, we are voting on a bill off to sleep. The goal of talk radio hosts is to re- to put other people in different cir- She tried to get out of the room, but inforce the anti-immigration fever that cumstances in jail for longer periods of the door was locked. Desperate to es- has gripped the Republican Party and time. cape, Megan climbed out of the man- allowed a tough-sounding game show It is a bait-and-switch strategy: use a sion’s second-story bedroom window host to take over their party. horrible tragedy to sell a policy that and went to his car looking for her The main organization behind the would not have prevented that death so keys. It was there that she discovered gathering of talk radio hosts is FAIR, that we put more immigrants in jail a handgun Sweet T had in the car all the Federation Against American Im- for longer periods of time and prevent the time but took it for her safety on migration Reform, which we should them from ever living legally in the her walk home. note is designated as a hate group by United States. Doing everything a rape victim the Southern Poverty Law Center. The other bill, H.R. 3003, is designed should do, she immediately called the That is the organization in Alabama to take money away from America’s police and went to the hospital. But it most directly responsible for suing the largest cities and counties, specifically is here, Mr. Speaker, that the system, KKK out of the mainstream. from efforts to fight crime—yes, take she says, started to fail her. It is like D. W. Griffith might rise up money away from them. Grants that The hospital wasn’t sufficiently from his grave to film ‘‘Rebirth of a would help local police fight crime trained in sexual assault procedure and Nation—the Sequel’’ because FAIR and would be eliminated under this bill botched the rape kit. Megan then went its allies want to take our immigration from 600 of the country’s largest juris- to the police station to give her state- policies back to the 1920s when the dictions. That doesn’t sound like crime ment about what happened to her. But Klan marched openly in Washington fighting, because it isn’t. it was there she was treated with dis- and legal immigration was reduced to So why are we doing this? Because dain and disbelief by Tuscaloosa’s po- almost zero. They want to get rid of Republicans in Washington think they lice department. After all, Megan was

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.005 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5238 CONGRESSIONAL RECORD — HOUSE June 28, 2017 claiming that the son of one of the cause of death in the United States, of due process. These were U.S. citizens wealthiest families in Tuscaloosa had and that is Alzheimer’s disease. who were robbed of their rights and raped her. Since 2000, deaths from Alzheimer’s their freedoms. Yet, some of these Jap- Despite her insistence that she said disease have increased by 89 percent. anese Americans, while their families ‘‘no,’’ the police did not believe her. Right now, there are more than 5 mil- were forced to live in internment She said they didn’t want to believe lion Americans with Alzheimer’s, and camps, never forgot their patriotism. her. An officer asked her why she that number is expected to grow to 14 Many served in our Nation’s military didn’t punch or kick the rapist. The po- million—to almost triple—by the year in World War II in the European the- lice thought it must have been consen- 2050. ater. The 442nd Infantry Regiment sual since she did not violently resist Alzheimer’s and other dementias can Combat Team was made up of Japa- the attacker, and they moved on. be especially devastating both phys- nese-American soldiers. But, Mr. Speaker, rape victims can ically and emotionally for those who b 1030 never move on. It is something they have these diseases and for their loved carry with them for the rest of their The 442nd is the U.S. Army’s most ones, your family and my family—for decorated infantry regiment ever. We lives. The scars left by the rape do not me, too many aunts and uncles, includ- must remember this time in American fade away for victims. ing my mother. Mr. Speaker, I was a prosecutor and history and not repeat it. When Lena Costa was diagnosed with We had three assembly centers in the judge in Texas for over 30 years. I met the disease, she took it on with the San Joaquin Valley under Executive a lot of rape victims, and I learned how same strength and courage she had Order No. 9066, locations where Japa- these attacks sometimes devastate used to beat cancer and survive heart nese Americans were forced to relocate their lives forever. disease. She was in her late eighties. and stay for weeks before they were fi- Sexual assault is a very different Upon hearing the diagnosis, she turned nally sent to the larger internment type of crime. It rips the identity, the to my sister and to me and said calmly camps in other parts of the West. self-worth, and the very soul of the vic- and bravely: ‘‘Jim, Bette, I will just do The centers in my district were the tim apart. It is the victim’s belief, in the best I can.’’ Pinedale Assembly Center, the Fresno some cases, that it is a fate worse than Today, there is no cure for Alz- Assembly Center, and the Merced As- death. heimer’s and there is no effective treat- sembly Center. They were fairgrounds. It is easy to second-guess what some- ment for it. There is no proven way to Today, we have three memorials on one should or should not have done prevent the disease or no method for these sites to ensure that we will al- after emotional trauma of sexual as- slowing its progression. ways remember and never again treat sault, but Megan believed she did ev- Unlike my mother, we are not cur- Americans in this reprehensible way. erything a rape victim is supposed to rently doing the best we can. We must As Americans, let us never again give do: come together to support additional into our fears and turn our backs on She sought help, but she found none. Alzheimer’s research—more funding. our fellow Americans. Let us never for- The university failed her. The coun- That is what we did in April when we get the sacrifice of American values in selor assigned to her knew of the rap- in the House called for additional sup- the name of protecting our great coun- ist’s family name, so the university port for Alzheimer’s research at the try. These are some of the lessons of wouldn’t give her any assistance and National Institutes of Health. But we American history that we should provided no other counselor. Megan must do more. never, ever forget. was dismissed, ignored, blamed, and Alzheimer’s is a devastating disease. f forgotten. We must stand together, calmly and HONORING ELIE WIESEL In the months following the sexual bravely, like my mom and so many of assault, she was diagnosed with post- our loved ones who have been affected The SPEAKER pro tempore. The traumatic stress disorder. She was so by Alzheimer’s throughout our coun- Chair recognizes the gentlewoman from depressed, she left the school and re- try. Missouri (Mrs. WAGNER) for 5 minutes. turned to Texas. Still feeling like there Just as importantly, we must fix Mrs. WAGNER. Mr. Speaker, I rise was no way to escape her pain, Megan America’s healthcare system. Cer- today to draw attention to the Elie took her life. tainly, in the last week, we have Wiesel Genocide and Atrocities Preven- Rape, Mr. Speaker, is never the fault proved that there is no Republican way tion Act, which I had the privilege of of the victim. She deserved better. or Democratic way, but there is an introducing in the House last week, Now, I don’t know whether the perpe- American way, and that is if we work with 27 cosponsors. trator in this case is guilty or not. I Named after the courageous Nobel together as Members of Congress to im- am giving you Megan’s point of view. laureate, Elie Wiesel, this legislation prove America’s healthcare system for But what Megan believed was that she honors the legacy of his life’s work to all. was failed by the hospital, law enforce- expose evil around the world. ment, and the University of Alabama. EXECUTIVE ORDER 9066—JAPANESE INTERNMENT Mr. Wiesel was just 15 years old when This past February before her death, Mr. COSTA. Mr. Speaker, today, I the Nazis deported him and his family Megan filled out a mental health clinic rise to speak also about Executive to Auschwitz. Rising from literal intake form at her new school, South- Order 9066, which was issued 75 years ashes, he became a writer and spent his ern Methodist University. One question ago—75 years ago—by President Frank- life defending the persecuted across the asked if there had been any major lin Delano Roosevelt. globe. He died nearly 1 year ago, but losses, changes, or crises in her life. The order authorized the evacuation his passion for victims of injustice She wrote: ‘‘Raped, bullied by police, and relocation of all persons deemed to lives on. and I changed university.’’ be a threat to national security. What Elie Wiesel believed that from the Mr. Speaker, it is important and it is it did, however, was lead to one of the Holocaust to South Sudan, from Burma imperative that we understand victims most shameful times in American his- to Syria, the world has witnessed far of sexual assault. She got the death tory, and that was the internment of too many genocides and mass atrocity penalty for being the victim of sexual Japanese Americans. These were Amer- crimes. The true horror is that most of assault. She is not here to tell her ican citizens. these devastating crises are, indeed, story today, and I am telling it for her. From 1942 until 1945, the U.S. Govern- preventable. And that is just the way it is. ment detained over 120,000 American My heart aches for those whose lives citizens of Japanese ancestry and of f are being torn apart, and the fact that resident immigrants forcing them to over 65 million people are currently ALZHEIMER’S AWARENESS MONTH live in internment camps, taking them fleeing preventable crises makes clear The SPEAKER pro tempore. The away from their homes, their farms, that the U.S. Government must im- Chair recognizes the gentleman from and their businesses, many in Cali- prove its response to these conflicts. California (Mr. COSTA) for 5 minutes. fornia, in the San Joaquin Valley. Genocide and atrocity crimes, includ- Mr. COSTA. Mr. Speaker, I rise today As American citizens, the internment ing war crimes, crimes against human- to bring attention to the sixth leading denied them their constitutional right ity, and ethnic cleansing, include

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.012 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5239 shocking acts of violence perpetrated The Caribbean region was created Roye, who has done research in HIV/ by governments and nonstate actors, through violence and trauma, from the AIDS and infectious diseases; as well as resulting in the murders of millions of exploration and annihilation by Colum- Camille Wardrop Alleyne of Trinidad, civilians across the globe. bus and his Spanish backers on the na- who works for NASA and the Depart- The Elie Wiesel Act establishes that tive people to the French, English, ment of Defense working on low Earth the official policy of the United States Dutch, Danish, and American use of Af- orbit. is to regard the prevention of genocide rican, Indian, and others to create in- This list does not scratch the surface and atrocity crimes as a core national come wealth in their nations. of those making their mark in the security interest and moral responsi- The sweat, labor, and king sugar of United States. There are so many oth- bility. The legislation would establish the Caribbean people have shaped this ers that I cannot and do not have the an interagency mass atrocities task and other nations. Our rebellion, inno- time to highlight. force to strengthen the U.S. Govern- vation, and ingenuity, as well as our During this month, we have tried to ment’s prevention and response efforts. independent intellectual intensity, make others aware of the contributions The legislation encourages the Direc- have benefited this and other coun- that the Caribbean has. It is not just tor of National Intelligence to include tries. the contributions we have made, but a review of countries at risk of geno- As one of the pillars of American pa- the commitment that this country cide and mass atrocity crimes in his or triotism and democracy, Alexander should have to its nearest neighbor, her annual report to Congress. Hamilton was born in Nevis, and raised the Caribbean. The bill also authorizes training for and educated on the island of St. Croix, The Caribbean and the United States U.S. Foreign Service Officers on early where he learned the theories and fi- have shared a long and prolific history signs of atrocities and transitional jus- nancial methods of the English, Danes, together. The United States is the larg- tice measures to ensure that America’s as well as the West African counting est economic partner of the Caribbean; diplomats know how to respond to con- system that created not just the foun- and the Caribbean, that small region, flict on the ground. dation of our financial system, but our accounts for the third largest receiver Lastly, the legislation authorizes the Federalist ideas. of American goods. Complex Crisis Fund to support pro- During that same time, Caribbean The United States needs to act as a grams to prevent emerging or unfore- financiers assisted the American Revo- buffer to the increased influence of seen crises overseas. lution and gave courage through the China and Venezuela in the Caribbean These tools will empower the United example of the tremendous victory of through economic projects the U.S. can States to strengthen protection efforts the Haitian people over the French, continue. and protect the innocent. British, and Spanish armies. As a Delegate representing the only By supporting civil society, enhanc- But the contributions of Caribbean district in the English-speaking Carib- ing cooperation among ethnic and reli- Americans to the making of America bean, I am committed to working with gious groups, promoting account- didn’t stop with those heroics. The the Caribbean community. ability, and holding murderers ac- massive migration of Caribbean people To those young Caribbean people, I countable, America can promote global to the United States of America, dur- see you. Be strong and of good courage. stability and fundamental human ing the early 20th century, gave us an- We are a small people, yet mighty in rights. This time, when America says other opportunity to make our impact spirit. ‘‘never again,’’ our actions will rein- upon the liberation process that was f force our platitudes. taking place in this country through WEALTHCARE f politics and the arts. Who doesn’t know Hubert Harrison The SPEAKER pro tempore. The CARIBBEAN AMERICAN HERITAGE and Edward Wilmot Blyden, intellec- Chair recognizes the gentleman from MONTH tuals of the Harlem Renaissance? Texas (Mr. AL GREEN) for 5 minutes. The SPEAKER pro tempore. The Marcus Garvey, Cicely Tyson, Malcolm Mr. AL GREEN of Texas. Mr. Speak- Chair recognizes the gentlewoman from X, and Harry Belafonte are all of Carib- er, I rise today because I love my coun- the Virgin Islands (Ms. PLASKETT) for 5 bean heritage and have personified the try and because I refuse to support the minutes. enormous dignity, revolutionary spirit, Senate ‘‘wealthcare’’ bill. It is not Ms. PLASKETT. Mr. Speaker, I only and unyielding intellectual gravitas healthcare, but ‘‘wealthcare.’’ have 5 minutes to do justice to a great and sense of self worth that hallmarks It is a ‘‘wealthcare’’ bill because it people, and it is with great honor that Caribbean people and has supported the will cut more than a trillion dollars I rise today to speak on issues impact- African diaspora pride during times from healthcare. In so doing, it will ing the Caribbean and the contribu- when those attributes would be desired transfer approximately $238 billion to tions of the people of Caribbean herit- to be denied by others in this country. high-income earners. age to the American fabric. We continue to contribute to this It is a ‘‘wealthcare’’ bill. It will rob On June 6, 2006, President George country in many ways. Secretary of the poor, who need healthcare, to re- Bush signed a proclamation that was State Colin Powell is of Jamaican her- ward the rich with ‘‘wealthcare.’’ ushered through this House by Con- itage; Attorney General Eric Holder, I refuse to support it. I refuse to par- gresswoman BARBARA LEE, H. Con. Res. Barbados; Senator KAMALA HARRIS, Ja- ticipate in the concentration of wealth 71, naming June Caribbean American maica; and former Governor David that has taken place. Heritage Month. June allows us to Paterson’s family is from Grenada. Currently, according to Oxfam, eight highlight the many contributions of We see many of them in great places. people own as much wealth as half the Caribbean Americans to the United As a result, we all have families and world. This was as of January, 2017. States. friends who have emigrated to the There are eight people with as much The campaign to designate June as north and contribute to the social, po- wealth as half the world. National Caribbean American Heritage litical, educational, and economic pros- Mr. Speaker, Big Business and the Month was spearheaded by Dr. Claire perity of the United States. super rich are fueling inequality not Nelson, founder and president of the In- Who doesn’t know Beyonce, who is of only in this country, but around the stitute of Caribbean Studies. Through Bahamian background, who was named world. They do so by dodging taxes. the commemoration of this month, we by Forbes as the most powerful celeb- They don’t pay their fair share of hope to ensure that America is re- rity? We have Gwen Ifill from Bar- taxes. They do so by driving down minded that its greatness lies in its di- bados; and Dr. Patricia Era Bath of wages. versity, with Caribbean immigrants Trinidad, who invented the Laserphaco Many people assume that the coun- from Founding Father Alexander Ham- Probe for cataract treatment. She is try cannot afford healthcare because ilton, sports icon Tim Duncan, and the first Black woman doctor to re- the people that we live in and around journalist Malcolm Gladwell, who have ceive a medical patent. don’t have what the super rich have. and continue to shape the American We have Romany Malco of Trinidad, My friends, America is not a poor coun- Dream. an actor and comedian; Dr. Marcia try. The wealth is just concentrated at

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.007 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5240 CONGRESSIONAL RECORD — HOUSE June 28, 2017 the top. Those who are at the bottom THE HEALTHCARE DEBATE are going to expand Medicaid. It is and in between believe that the coun- The SPEAKER pro tempore. The going to be beautiful. Everyone is try can afford things that it can’t. This Chair recognizes the gentleman from going to be able to afford insurance. I is all about the concentration of Ohio (Mr. RYAN) for 5 minutes. am not inhumane, is what one person wealth. Mr. RYAN of Ohio. Mr. Speaker, I said, one candidate said. They are using their power to influ- rise today to speak on the healthcare But the realities, Mr. Speaker, are ence politics. You can’t speak truth to debate that we are having here in the much different, because in the wealthi- power if you are afraid of the big United States. est country God has ever created, we banks. You can’t speak truth to power We had a bill come out of the House have a political party that is trying to if you are afraid of the Big Oil compa- of Representatives. We have a working throw 22 million people off of their nies. You can’t speak truth to power if bill that has just come out of the back healthcare. We need to get some clar- you are afraid of the big insurance room in the United States Senate. I ity. We are trying to cover people. I am companies and big pharmaceutical think it is important for us, Mr. Speak- not trying to be judgmental, but I am companies. er, to get some clarity on where each just saying the Congressional Budget If you are going to speak truth to party stands on this issue. Office is saying, in both bills, 22 mil- power, you have got to stand up to the When the Democrats passed the Af- lion people are going to lose their people who are driving this country fordable Care Act, we had some clear healthcare. into a Third World position. I refuse to goals. We had some clear objectives, Democrats, in order to implement participate in it. back in 2008, 2009, 2010. Our goal and our bill, we asked the wealthiest in the Mr. Speaker, currently, 1 in 10 on the goals as a party were simple: we want- country to pay a little bit more. With planet are living off of $2 a day. In this ed to expand access to healthcare. We that revenue, we expanded the Med- country, millions are going to go with- wanted to make sure, in the wealthiest icaid program for people who were out proper healthcare, if the Senate country that God has ever created, working. If you made less than $90,000 a ‘‘wealthcare’’ bill passes. They will go that every citizen, wherever you lived, year, they got a little bit of that without proper healthcare, while mil- urban, rural, suburban, you would have money to help them pay for health in- lions in bonuses are going to be ac- access to affordable healthcare. surance so they had more money in corded those who are with insurance We wanted to make sure that the in- their pocket so they could go out and companies and receiving a part of the surance companies wouldn’t knock you not only take care of their families, ‘‘wealthcare’’ transfer. off the rolls or charge you a lot of Mr. Speaker, in this country, the top but be able to spend and help boost the money to get a plan, that when you got 10 percent hold 76 percent of the economy. That is what we wanted to sick and you went in to cash in the wealth. In the United States of Amer- do. That is what we did. plan and get some coverage, they said: ica, the top 10 percent hold 76 percent Republicans cut taxes for the Oh, we don’t cover that. We wanted to of the wealth. They are able to get wealthy and cut the program by $700 make sure that didn’t happen. away with it because they convinced billion. Clear differences, Mr. Speaker. We wanted to make sure that if your We need to knock down both of these all of us that one day we might hit the kid had cancer or if you had cancer and lottery and be in the same position as bills and start all over. We need to fix the healthcare bills started ratcheting the Affordable Care Act, not repeal it. they are and control the world. up pretty quickly, that the insurance Well, my friends, if you don’t hit the f company couldn’t come in and say: lottery and you have to continue your Sorry. This is a tragic situation for RECESS life, you ought to have decent you and your family, but you just hit healthcare in the richest country in The SPEAKER pro tempore. Pursu- your lifetime cap, so we can’t cover the world. ant to clause 12(a) of rule I, the Chair anything else. You have to go to the declares the House in recess until noon b 1045 Ronald McDonald House, and you have today. You ought to have the best got to go do a fish fry at the local Accordingly (at 10 o’clock and 51 healthcare that we can provide, in the union hall to try to get enough money minutes a.m.), the House stood in re- richest country in the world. We are together to try to pay your healthcare cess. bills, in the wealthiest country God has not a Third World country, and I will f not participate in this transfer of ever created. That is unacceptable here wealth that is taking place so that in the United States. b 1200 We were trying to cover more people. those who are wealthy can do more AFTER RECESS with more. You know what? We paid the political It seems that we believe that if you price for it, but sign me up. I think of The recess having expired, the House are poor, you can do more with less. my friends John Boccieri and Steve was called to order by the Speaker at But if you are wealthy, you need more Driehaus, former Members of Congress. noon. to do more. This is a shameful, sinful They gave up their seats in this Cham- f ber to make sure that American citi- circumstance that we find ourselves in. PRAYER As for the Senate ‘‘wealthcare’’ bill, zens had healthcare. The Democrats it is a piece of trash, and it ought to be went into the minority since 2010, pri- Reverend Dr. Howard Siplin, Beulah thrown on the ash heap of history. marily because the Republican Party Missionary Baptist Church, Coconut No one who believes that people are used this issue to bludgeon the Demo- Grove, Florida, offered the following equal and deserve good healthcare can, crats. They demagogued the issue. Re- prayer: in good conscience, vote for that bill. I peal and replace. Seven years, no plan. Lord God, almighty giver of all good am glad they pulled it, but I hope that Nothing. gifts and authority, I stand humbly be- they will improve it to the extent that And now we have got two bills—one fore You today to pray for the sins of I will be able to vote for it. But if they from the House, one from the Senate. this country, to ask for Your forgive- do not, I say to you without question, Both bills, neutral analysts, the Con- ness, and to express our gratitude to reservation, hesitation, or equivo- gressional Budget Office says 22 mil- You for this great country which we cation, I will not support that transfer lion Americans will lose their live in during these difficult times. of wealth, that bill that would con- healthcare. Fifteen million will lose it Father, I pray for the success and centrate wealth, and I won’t support in the next year. If you are between 50 healing of all who labor here in the the tax bill that will concentrate and 64 years old, you are probably House of Representatives working to- wealth, if there is one. going to lose your insurance. If you are gether to use their influence and oppor- This has got to stop. This inequality a 60-year-old person in Ohio, you are tunities to change the world and make of wealth has got to change. We have going to pay $4,000 more a year. it better. got to turn it around. Let’s do so by We get off this recent Presidential Heavenly Father, bless all our lead- providing good healthcare and not campaign where we heard a candidate: ers of this great Nation as they face ‘‘wealthcare.’’ We are going to expand Medicare. We the ongoing challenges, give them the

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.009 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5241 right spirit to do the right thing for pastor. Under his leadership, Beulah ical scientists. Chosen delegates at the the needs of all the people. Missionary Baptist has helped the sur- Congress represent all 50 States includ- Father, keep us all in the hollow of rounding community confront and ing Puerto Rico. Your hand, we give You honor and combat various challenges. He also has I wish these students the best of luck glory now and forever. used his experience in law enforcement in their future studies to lead our In Jesus’ name, we pray. to help forge and strengthen bonds be- country’s medical profession. Amen. tween residents and local police. Congratulations. f Reverend Siplin has dedicated him- f self to educating members of the Beu- THE SENATE HEALTHCARE BILL THE JOURNAL lah Missionary Baptist Church commu- The SPEAKER. The Chair has exam- nity to live spiritual lives so that they (Ms. DELBENE asked and was given ined the Journal of the last day’s pro- can be productive citizens. permission to address the House for 1 ceedings and announces to the House He holds a bachelor’s and master’s of minute and to revise and extend her re- his approval thereof. ministry degree from the Jacksonville marks.) Ms. DELBENE. Mr. Speaker, Senate Pursuant to clause 1, rule I, the Jour- Baptist Theological Seminary. In 2014, Republicans may have delayed the nal stands approved. the seminary awarded him an honorary vote, but make no mistake, they are Ms. VELA´ ZQUEZ. Mr. Speaker, pur- doctorate degree. pushing ahead with a destructive, dan- suant to clause 1, rule I, I demand a Reverend Siplin is married to the gerous healthcare bill that is not just vote on agreeing to the Speaker’s ap- former Zelma Ferguson who is with mean, it is immoral. The American proval of the Journal. him here today. Her father, the late people are right to be outraged. I am The SPEAKER. The question is on Reverend E. R. Ferguson, founded Beu- outraged. the Speaker’s approval of the Journal. lah Missionary Baptist Church in 1954. We should be working together to The question was taken; and the They are the proud parents of 4 chil- give people better coverage at lower Speaker announced that the ayes ap- dren, 11 grandchildren, and 2 great- cost. Instead, Senate leaders crafted peared to have it. grandchildren. legislation that leads to lost coverage Ms. VELA´ ZQUEZ. Mr. Speaker, on Mr. Speaker, I ask everyone to join for 22 million Americans, skyrocketing that I demand the yeas and nays. me in thanking Reverend Siplin for deductibles, hospital closures in rural The yeas and nays were ordered. leading today’s opening prayer and to communities, and the return of annual The SPEAKER. Pursuant to clause 8, thank him for his outstanding service and lifetime caps on care. rule XX, further proceedings on this to the south Florida community. For families like Colton’s in Mill question will be postponed. f Creek, Washington, who have watched f ANNOUNCEMENT BY THE SPEAKER as their 17-year-old son battled high- PLEDGE OF ALLEGIANCE PRO TEMPORE risk leukemia for 8 years, I can prom- ise you, we are not backing down. Col- The SPEAKER. Will the gentleman The SPEAKER pro tempore (Mr. ton is in his fifth remission and still from Utah (Mr. STEWART) come forward ROGERS of Kentucky). The Chair will fighting—and so are we. and lead the House in the Pledge of Al- entertain up to 15 further requests for Healthcare is not a privilege reserved legiance. 1-minute speeches on each side of the for those fortunate enough to be Mr. STEWART led the Pledge of Alle- aisle. wealthy or healthy. It is a human giance as follows: f right, and it is worth fighting for. I pledge allegiance to the Flag of the CONGRATULATING PENNSYLVANIA f United States of America, and to the Repub- STUDENTS AT CONGRESS OF FU- lic for which it stands, one nation under God, NORTH CAROLINA GROWTH AND indivisible, with liberty and justice for all. TURE MEDICAL LEADERS FORTUNE BUSINESS RANKINGS f (Mr. THOMPSON of Pennsylvania (Mr. HOLDING asked and was given asked and was given permission to ad- permission to address the House for 1 WELCOMING REVEREND DR. dress the House for 1 minute and to re- HOWARD SIPLIN minute and to revise and extend his re- vise and extend his remarks.) marks.) The SPEAKER. Without objection, Mr. THOMPSON of Pennsylvania. Mr. HOLDING. Mr. Speaker, I rise the gentlewoman from Florida (Ms. Mr. Speaker, I rise today to recognize today to highlight the tremendous WILSON) is recognized for 1 minute. five high school honors students from amount of growth in North Carolina, There was no objection. Pennsylvania’s Fifth Congressional specifically in and around the Second Ms. WILSON of Florida. Mr. Speaker, District chosen to represent the Com- Congressional District. today I rise to welcome the esteemed monwealth of Pennsylvania as dele- According to the Census Bureau, Reverend Dr. Howard Siplin to the gates at the Congress of Future Med- North Carolina’s population has in- House floor as our guest chaplain. ical Leaders. creased 6.4 percent since 2010. That Reverend Dr. Siplin was my class- The following students were selected number increases to over 16 percent for mate from first grade to twelfth grade to attend the event which began Sun- just Wake County which encompasses in Miami-Dade County Public Schools. day and concluded yesterday in Lowell, about half of the Second Congressional Reverend Siplin is the senior pastor Massachusetts: District. of Beulah Missionary Baptist Church Donovan Brubaker of Boalsburg; Mr. Speaker, it is no secret that located in Coconut Grove, Florida. Catherine McQuitty of Rixford; North Carolina is a fantastic place to Before joining the ministry, Rev- Hannah Mull of Genesee; live and work, especially for young erend Siplin proudly served in law en- Mackenzie Wilcox of Duke Center; people wanting to raise a family. In forcement. He is a graduate of the and fact, Fortune magazine recently sur- Miami-Dade Police Academy who made Sarah Zakrzwski of Tyrone. veyed tens of thousands of millennials history by earning the distinction of They were nominated by their teach- nationally about the best places to becoming the first African American to ers or The National Academy of Future work, and the results speak for them- serve as president of the Fraternal Physicians and Medical Scientists selves. Two of the top 10 businesses in Order of Police. based on their academic excellence and the United States call Wake County Three years ago, after joining Beulah aspiration to join the medical field. home. Missionary Baptist Church, Reverend Each of these dedicated students SAS, a global analytics software Siplin was ordained a deacon and later achieved a minimum 3.5 GPA to be firm, and Kimley-Horn, a provider of became chairman of the church’s dea- nominated for the honors-only pro- professional services, placed at number con ministry. gram. two and number eight on the list re- He was called to preach in the year The event aims to encourage and spectively. 2000 and, in August 2003, was ordained guide the top students in our country That is great news for the future of and installed to serve as the church’s who hope to become physicians or med- North Carolina.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.014 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5242 CONGRESSIONAL RECORD — HOUSE June 28, 2017 COMMENDING THE CITY OF ALEX- wish you the best of luck as you rep- behalf of millions of Americans ANDRIA’S FIRST RESPONDERS resent our great State over the next throughout the country, we wish him (Mr. BEYER asked and was given year, compete in the Miss America Godspeed in his adventures ahead. permission to address the House for 1 pageant, and continue to enrich the f minute.) lives of others. b 1215 Mr. BEYER. Mr. Speaker, I rise f today to commend the city of Alexan- THE REPUBLICAN HEALTHCARE PULL THE PLUG ON TRUMPCARE dria’s first responders, the first to the BILL (Ms. VELA´ ZQUEZ asked and was scene of the shooting at Eugene Simp- given permission to address the House son Stadium Park in my district in Al- (Mr. HIGGINS of New York asked and was given permission to address the for 1 minute.) exandria, Virginia. Ms. VELA´ ZQUEZ. Mr. Speaker, I am Two weeks ago today, Wednesday, House for 1 minute.) Mr. HIGGINS of New York. Mr. pleased the Senate has postponed a June 14, at 7 a.m., a man fired scores of vote on their TrumpCare bill, which shots at the Members of Congress who Speaker, with the Congressional Budg- et Office reporting that 22 million peo- would have deprived 22 million Ameri- were practicing for the annual Congres- cans of health coverage. The truly vi- sional Baseball Game. The shooting ple would lose healthcare coverage and premiums for those who keep their cov- cious nature of this bill is most clear wounded U.S. Representative and when it comes to Medicaid. House Majority Whip STEVE SCALISE, erage increasing by more than 20 per- cent next year, it is not surprising that Are you a working family relying on Capitol Police Officers David Bailey Medicaid for long-term care of an aging and Crystal Griner, congressional staff- the Republican Senate bill was pulled due to a pervasive lack of interest and grandparent? Well, with TrumpCare, er Zack Barth, and former congres- you will pay more out of pocket. sional staffer Matt Mika. support. Hit hardest under the pulled Senate For a low-income working mom who The timely response of Alexandria’s insures her kids through Medicaid, first responders almost certainly saved bill were low-and middle-income Amer- icans between the ages of 50 and 64 and TrumpCare takes dead aim at you. lives. Alexandria Police Officers Nicole How about a person with a disability? Battaglia, Alexander Jensen, and Kevin people with preexisting diseases like cancer and diabetes. TrumpCare means potentially losing Jobe arrived within minutes of the 9/11 coverage. call. Officer Battaglia came under fire The time has come for this Congress to use the leverage of a massive pur- Why did the Republicans make these upon arriving at the scene and imme- cuts? To give billions of dollars in tax diately engaged the shooter. Her ac- chaser of healthcare—the Federal Gov- ernment—and authorize a Medicare breaks to the wealthiest Americans tions diverted the shooter’s attention, and corporations. allowing the other responding officers buy-in for Americans between the ages of 50 and 64. The President says the House-passed to neutralize him. bill is ‘‘mean.’’ It is. So is the Senate Medical care provided by the mem- With the leverage of 60 million-plus cold-hearted proposal. bers of the Alexandria Fire Depart- beneficiaries and low administrative A delay on this vote is not enough. ment, including Fiona Apple and Rich- costs, a Medicare buy-in option for the Congress needs to pull the plug on ard Krimmer, ensured these senseless 50 to 64 population will drive down TrumpCare, not the American people. acts of violence did not become a mul- costs and drive up the quality of Then we can work together on real, bi- tiple-fatality event. healthcare. We have an obligation to partisan healthcare legislation aimed I am honored to commend these val- the American people. at strengthening the system, not harm- iant individuals for their selfless serv- f ing the most vulnerable among us. ice. I thank them for saving the lives of HONORING REPRESENTATIVE f the victims and potential victims of CHAFFETZ this evil, mindless gun violence, and (Mr. STEWART asked and was given TRIBUTE TO FIRE CONTROLMAN also for their daily positive impact on 1ST CLASS GARY L. REHM, JR. the extraordinary community of Del permission to address the House for 1 Ray and the exceptional city of Alex- minute.) (Mr. JORDAN asked and was given andria. Mr. STEWART. Mr. Speaker, I stand permission to address the House for 1 today to honor my good friend, JASON minute.) f CHAFFETZ, as he prepares to leave the Mr. JORDAN. Mr. Speaker, I rise HONORING MISS NORTH CAROLINA House tomorrow. today to honor the life of a courageous (Mr. ROUZER asked and was given On the day that I was first elected, career Navy man, Fire Controlman 1st permission to address the House for 1 the very first phone call I got was a Class Gary L. Rehm, Jr., who made the minute.) number I didn’t recognize. I picked it ultimate sacrifice in defense of his fel- Mr. ROUZER. Mr. Speaker, I rise up, and it was Jason. He was the first low Americans. today to honor Miss Greater Sampson person to call and congratulate me. He Gary was born and raised in Elyria, County, Victoria Huggins, who won the has become a close friend ever since. in the Fourth District of Ohio. He fol- 80th Miss North Carolina Scholarship But he has become more than a lowed in his grandfather’s footsteps, Pageant this past weekend and will go friend. He is a person who I trust. I go joining the Navy straight out of high on to represent our great State in the to him often for advice. I think he has school and serving nearly 20 years, in- Miss America pageant this fall. the best political mind in all of Utah, cluding a deployment to the Persian During the competition, Victoria and I am going to miss that. Gulf in support of Operation Iraqi Free- also won first place in the Quality of I also appreciate his honesty and his dom. Life Award which honors her dedica- integrity. Leaders take hits—we under- Gary was on the USS Fitzgerald when tion and work on her community serv- stand that—and Jason has taken his it was struck by a container ship off ice platforms. share of arrows by those who may not the coast of Japan on June 17. Amid A graduate of the University of agree with his positions. But no one the chaos, Gary jumped into action, North Carolina at Pembroke and a na- has ever questioned his honesty or his battling the raging water that flooded tive of St. Pauls, Victoria is a member integrity. one of the ship’s berthing compart- of the Carolina in the Morning team There is a great old movie called ments, risking his own life to bring his with the NBC affiliate WECT in Wil- ‘‘Grumpy Old Men.’’ Jason will never shipmates to safety. mington, North Carolina. be a star in that movie because he is The sailors who admire him so much During her tenure as Miss North one of the most optimistic, friendly, might use words like ‘‘valiant,’’ ‘‘he- Carolina, Victoria will focus on her and positive people that I know. He al- roic,’’ and ‘‘noble’’ to describe Gary’s work advocating for Alzheimer’s dis- ways has a smile on his face. actions that day, but the words he ease awareness. So for those reasons, Jason, we are would probably use to describe himself On behalf of southeastern North going to miss you. On behalf of all are found in the Navy’s motto: ‘‘Not for Carolina, congratulations, Victoria. We Utahns, I thank him for his service. On Self but for Country.’’

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.016 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5243 Gary is survived by a loving family, Members of Providence Presbyterian Sadly, today would have been her including his wife, Erin; his sister, Jes- were part of the combative North Caro- 106th, but Grandma Edna passed away sica; his niece, Margaret Neal; and his lina militia, the Hornet’s Nest, which recently, and I miss her terribly. parents, Gary and Anita. courageously opposed Lord Cornwallis She was a sweet, loving, and strong For his profound sacrifice, this Na- during the Revolutionary War. grandmother. She had an infectious tion owes Gary L. Rehm, Jr., and his For over 140 years, the church spon- laugh, an enormous love of family, and family a tremendous debt of gratitude. sored all schools in the community a deep belief in her faith. She was a He will be greatly missed, but the and, in the late 1850s, established Prov- symbol of everything that was great strength of his character, his selfless- idence Female Academy, which was about America’s Greatest Generation. ness, and the courage he demonstrated one of the few schools for women in the She was also a true example of what through his service will live on forever. South. makes America a strong and vibrant f The church remains committed to nation: working tirelessly every day on the farm, milking cows at dawn, and BILL THREATENS OHIOANS service today. Part of the 250th anni- versary celebration included making bringing in the wheat harvest in the (Ms. KAPTUR asked and was given 250 dresses for young girls in Africa. hot Kansas sun. I like to say she had a permission to address the House for 1 Their motto is ‘‘Rooted in Christ, front row seat on the journey that was minute.) growing in the Spirit.’’ the great American century. Ms. KAPTUR. Mr. Speaker, today, To Pastor Walt McCanless and the Mr. Speaker, today, I want Grandma Vice President PENCE is expected to entire congregation, congratulations, to know that we love her, we miss her, visit northeast Ohio for an appearance and God bless this wonderful commu- and we know that she is at peace with at a manufacturing firm. He will dis- nity of believers. the Lord in Heaven. cuss the effort to repeal the Affordable f Care Act and subsequently rip away f healthcare for millions upon millions TORT REFORM GOP HEALTHCARE BILL (Miss RICE of New York asked and of Americans, as well as quadruple its (Mrs. WATSON COLEMAN asked and was given permission to address the cost to millions and millions more el- was given permission to address the House for 1 minute.) derly. House for 1 minute.) Ohioans should know that the bill Miss RICE of New York. Mr. Speaker, Mrs. WATSON COLEMAN. Mr. people in my district and in districts the GOP is trying to ramrod through Speaker, today my colleagues will vote Congress would threaten nearly 1 mil- all across the country have been mak- on H.R. 1215, the so-called Protecting ing it clear that they don’t want mil- lion Ohioans who gained coverage over Access to Care Act. the last few years through the Afford- lions of Americans to become unin- Disguised as a step toward healthcare sured just to cut taxes for the rich. able Care Act. Further, seniors would affordability, in reality, this legisla- see their insurance premiums rise by They don’t want Congress to repeal the tion tramples on the legal rights of Affordable Care Act. four to five times as much, with noth- Americans harmed in healthcare set- ing being done to lower their cost of What they want is for Democrats and tings. Republicans to work together to make medicine. This bill would devastate the cata- Why is this administration making it better: to keep expanding coverage, strophically injured by capping non- reducing costs, and improving care. things worse for Ohio? economic damages at $250,000, a cap We need to maintain Medicaid for the Now that the Senate has delayed a vote that applies even for loss of limb, per- treatment of those Americans who are on the BCRA, we have yet another op- manent disability, or death of a child sick, suffering, in nursing homes, those portunity to do just that. or spouse. These caps also apply to law- who are mentally ill, and those who are I urge my Republican colleagues to suits that include accusations of reck- suffering from terminal illness. The move past repeal and replace once and less misconduct or violent crimes like Pence-Trump doctrine will hurt them for all. Democrats are ready to work assault or rape. all. with you. So let’s seize this oppor- I hope the Vice President won’t mis- This bill further erodes the right to tunity and start solving problems for lead our people about how many Ohio- trial by jury by imposing a 3-year stat- the people we serve. ute of limitations, which is shorter ans will lose coverage. f In fact, is the Vice President aware than most State laws. Legal remedies often stand as the STREAMLINING PERMITTING healthcare jobs help drive our economy PROCESS in Ohio. The TrumpCare bill, which is test of the last refuge of justice for the really a tax break for millionaires, will injured and aggrieved, regardless of (Mr. LAMALFA asked and was given cause an Ohio job loss of over 80,000 wealth or influence. Powerful interests permission to address the House for 1 healthcare workers over the next 5 have many tools at their disposal to minute and to revise and extend his re- years. stack the deck against vulnerable pop- marks.) I urge the Vice President to meet ulations. But the goal of the American Mr. LAMALFA. Mr. Speaker, this with officials at Cleveland Clinic, court system at its purest is to provide week, in the Natural Resources Com- MetroHealth, or the Sisters of Charity equal consideration in the eyes of the mittee, we passed my bill, H.R. 289, the and hear what they have to say about law. As a nation, our responsibility is Guides and Outfitters Act, called the the GOP’s anti-life bill. to work towards that ideal, not under- GO Act. It will help people be able to mine it. access public lands, national parks, f H.R. 1215 is a direct affront to this U.S. Forest Service land, and BLM land PROVIDENCE PRESBYTERIAN idea, and I encourage my colleagues to for recreational activities without the CHURCH CELEBRATES 250TH AN- vote ‘‘no.’’ litany and long wait of having to get NIVERSARY f permits. This will streamline that (Mr. PITTENGER asked and was process. REMEMBERING GRANDMA EDNA given permission to address the House A couple of aspects include getting for 1 minute and to revise and extend (Mr. YODER asked and was given all the different agencies to work to- his remarks.) permission to address the House for 1 gether to have a one-stop permitting Mr. PITTENGER. Mr. Speaker, I rise minute and to revise and extend his re- process and shorten the length of time today in honor of Charlotte’s Provi- marks.) it takes to get these permits so that dence Presbyterian Church and in cele- Mr. YODER. Mr. Speaker, June 28, people can have events that are com- bration of their 250th anniversary. 1911, the day my dear grandmother, patible with the use of these public Founded by Ulster Scots in 1767, the Edna Yoder, was born, has been a spe- lands and enjoy them. Indeed, no one is church was named ‘‘Providence’’ to ex- cial day in my life. Each year, for the trying to hurt the environment, and we press the founders’ firm trust in the last 6 years, I have come to the floor to don’t need a 6-month study every time faithfulness of God to work all things wish her a happy birthday. Last year, somebody wants to have a bikefest or a for His purpose. she celebrated her 105th birthday. jog through their public lands.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.018 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5244 CONGRESSIONAL RECORD — HOUSE June 28, 2017 We think the GO Act will be a very larger bill, the Michael Davis, Jr. and unspeakable losses while the lawless- important, helpful tool, especially dur- Danny Oliver in Honor of State and ness continues. ing the summertime, when people like Local Law Enforcement Act. That leg- It is past time for us to take action to get outdoors and enjoy their public islation was marked up and ordered re- to combat dangerous sanctuary poli- lands. ported by the Judiciary Committee on cies. We are a nation of laws and we f May 24. need to act like it. As a cosponsor and strong advocate While there is no uniform definition PROVIDING FOR CONSIDERATION of the Davis-Oliver Act, I supported the of sanctuary cities, and no comprehen- OF H.R. 3003, NO SANCTUARY FOR passage of legislation before the full sive or official list of these jurisdic- CRIMINALS ACT House. Today we have the opportunity tions, we have, regrettably, become all Mr. COLLINS of Georgia. Mr. Speak- to move an important piece of that bill too familiar with them. So-called sanc- er, by direction of the Committee on forward and to strengthen our policies tuary cities are those jurisdictions Rules, I call up House Resolution 414 against jurisdictions that flout Amer- that obstruct immigration enforce- and ask for its immediate consider- ica’s laws. ment through noncompliance with de- ation. Mr. Speaker, the No Sanctuary for tainers. They construct unreasonable The Clerk read the resolution, as fol- Criminals Act is just simply common hurdles to compliance and create bar- lows: sense. John Adams said that we are a riers to communication between Immi- gration and Customs Enforcement and government of laws, not of men. As we H. RES. 414 local personnel. Resolved, That upon adoption of this reso- approach the Fourth of July week, we We understand that ICE has a job to lution it shall be in order to consider in the recognize that America’s foundation is do and that its officers took oaths to House the bill (H.R. 3003) to amend the Im- that of the rule of law. Yet too often uphold those duties. Opponents will migration and Nationality Act to modify we have seen local jurisdictions ignore provisions relating to assistance by States, claim that this bill is unnecessary be- Federal immigration law and declare cause ICE has the jurisdiction it needs. and political subdivision of States, in the en- themselves sanctuary cities, as though forcement of Federal immigration laws, and The truth is, sanctuary policies make for other purposes. All points of order their actions have no consequences for the ICE agents’ jobs more difficult, against consideration of the bill are waived. their law-abiding neighbors. more dangerous, and endanger commu- The bill shall be considered as read. All The reality, however, is that the lo- nities. points of order against provisions in the bill calities that refuse to enforce Federal While the previous administration are waived. The previous question shall be immigration law undermine public frequently flouted immigration laws considered as ordered on the bill and on any safety and break the democratic con- and, for far too long, took a rain check amendment thereto to final passage without tract. Mr. Speaker, the sanctuary cit- on holding sanctuary cities account- intervening motion except: (1) one hour of ies do not act in a vacuum. They en- able, even former Department of Home- debate equally divided and controlled by the chair and ranking minority member of the danger lives and set dangerous prece- land Security Secretary Jeh Johnson Committee on the Judiciary; and (2) one mo- dent. agreed that sanctuary cities shouldn’t tion to recommit. b 1230 simply be allowed to decline to cooper- The SPEAKER pro tempore. The gen- ate with Federal Government authori- To many people, it would seem obvi- ties. In fact, he said in 2015 that it is tleman from Georgia is recognized for 1 ous that local and State law enforce- hour. ‘‘not acceptable to have no policy of ment should comply with Federal im- cooperation with immigration enforce- Mr. COLLINS of Georgia. Mr. Speak- migration laws and cooperate with its ment.’’ er, for the purpose of debate only, I fair enforcement by communicating Mr. Speaker, faithfulness to the law yield the customary 30 minutes to the openly with Federal officials. It would isn’t like being offered a cup of coffee. gentleman from Massachusetts (Mr. also seem clear that jurisdictions that You can’t look at the Federal statutes MCGOVERN), pending which I yield my- ignore these laws should forfeit the and say: You know, no thanks, but I self such time as I may consume. Dur- Federal funds set aside to support com- appreciate you offering. ing consideration of this resolution, all pliance with those same laws. H.R. 3003 confirms that this option is time yielded is for the purpose of de- Despite this, sanctuary cities oppose not on the table. bate only. Federal immigration officials rou- While I agree with former Secretary GENERAL LEAVE tinely. These men and women find Johnson that we must have a policy of Mr. COLLINS of Georgia. Mr. Speak- themselves handicapped by local offi- cooperation, the policies of the former er, I ask unanimous consent that all cials implementing obstructionist poli- administration too frequently didn’t Members may have 5 legislative days cies. indicate a commitment to that goal. In in which to revise and extend their re- In light of this, Mr. Speaker, I be- fact, State and local jurisdictions ig- marks and to include extraneous mate- lieve we need to better protect our nored more than 12,000 Federal de- rial on House Resolution 414, currently communities by ensuring our laws are tainer requests in 2014. under consideration. followed. H.R. 3003 takes steps do that. Now is the time for action. Thankfully, President Trump issued The SPEAKER pro tempore. Is there I thank Chairman GOODLATTE, Con- an executive order directing the De- objection to the request of the gen- gressman KING, and Congressman partment of Justice, the Department of tleman from Georgia? BIGGS for their work on the No Sanc- Homeland Security, and ICE to ensure There was no objection. tuary for Criminals Act. These Mem- that sanctuary jurisdictions are ineli- Mr. COLLINS of Georgia. Mr. Speak- bers are colleagues of mine on the Ju- gible for Federal grants and are subject er, I am pleased today to bring this diciary Committee, and they recognize to enforcement actions. The President rule forward on behalf of the Rules the need to respond to the continuing also charged these agencies with re- Committee. problem of sanctuary cities with re- porting on jurisdictions that have re- The rule provides for consideration of solve, with confidence that Federal im- fused to comply with detainers to hold H.R. 3003, the No Sanctuary for Crimi- migration laws safeguard every Amer- criminal aliens. nals Act. The rule provides for 1 hour ican community and apply equally to The first week this report was issued, of debate, equally divided between the every American community. it showed 206 known instances in which chairman and ranking member of the The underlying bill provided for by local personnel declined ICE detainers Judiciary Committee. The rule also this rule also includes legislation of- and released criminal aliens. These provides for a motion to recommit. fered by Mr. KING—Sarah’s and Grant’s aliens reentered the communities after Yesterday, the Rules Committee had Law. Sarah’s and Grant’s Law is named they had committed crimes such as as- the opportunity to hear from my fellow after two individuals, Sarah Root and sault, aggravated assault or battery, Judiciary Committee members Mr. Grant Ronnebeck, who were tragically driving under the influence, or domes- JOHNSON of Louisiana and Ms. LOFGREN killed by unlawful immigrants. The un- tic violence abuses. of California. lawful immigrants were released and The reports indicate that we have H.R. 3003 received consideration by remain at large, and the Root and work to do, but it helps us by identi- the Judiciary Committee as part of a Ronnebeck families were left to grieve fying jurisdictions where personnel are

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.020 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5245 thwarting Federal law. It throws into diligent work, meaningful steps have closed rule, and in strong opposition to relief the glaring problem of sanctuary been taken to restore accountability. the underlying bill, H.R. 3003. cities and provides information that The No Sanctuary for Criminals Act Mr. Speaker, today the House will law enforcement and lawmakers can builds on these efforts and ensures that consider its 37th closed rule for the use as we assess the problem and de- jurisdictions comply with the detainers year, and tomorrow it will take up velop meaningful solutions. while strengthening our law to ensure number 38. My Republican friends are Mr. Speaker, I was in the Georgia that aliens who have been committing breaking all kinds of records here. State House when we took action there crimes such as drunk driving are de- While I often wonder just why the to address the issue of sanctuary cities. tained pending their removal. Republican leadership is so afraid of In 2009, we in Georgia outlawed sanc- H.R. 3003 permits the Secretary of open debate in the United States House tuary cities in our State. Last year, DHS to issue a detainer for any indi- of Representatives, I do recognize that the legislature went further by requir- vidual arrested for violation of a crimi- it goes right along with the Republican ing local governments to certify their nal or motor vehicle law upon probable majority’s complete rejection of reg- cooperation with immigration officials cause that an individual is an inadmis- ular order. in order to receive State funds. sible or deportable alien. The House of Representatives, I am Today we have a chance to take a In this critically important step, the sad to say, has ceased being a delibera- step in a positive direction on the Fed- bill grants immunity to State and local tive body where important issues are eral level. entities for compliance with any de- debated freely. The Republican leader- The No Sanctuary for Criminals Act tainer. ship has shut this place down, and this prohibits States and localities from Jurisdictions that want to act in is yet another example of it. implementing policies that restrict law good faith and follow the law should be Look up the history of the bill the enforcement agencies from cooperating able to cooperate without being held House will debate later today or tomor- with immigration laws and officials. It liable for their compliance. The protec- row, H.R. 3003, the so-called No Sanc- gives teeth to that restriction by tying tions provided in this bill are a major tuary for Criminals Act. It was intro- eligibility for certain Department of step forward to effective enforcement. duced on June 22. That was last Thurs- Justice and Homeland Security grants Finally, this bill gives victims and day. Like its 2015 predecessor, it has to State and local compliance with ex- their families a private right of action had no hearings, no markup, no input isting immigration laws. against a State and local government from local law enforcement, no regular The bill requires that there will be whose noncompliance and release of an order. probable cause before ICE can issue a alien results in a murder, rape, or seri- No one had a chance to testify about detainer, and focuses on grant pro- ous injury of the victim. This measure, this bill. Not the U.S. Conference of grams reasonably related to the scope were it law, would have allowed Kate Mayors that includes the mayors of of the bill. Steinle’s family to sue after her tragic over 1,000 cities and towns, Democrat Importantly, this bill also calls for murder at the hands of a criminal and and Republican alike, who represent aliens to be detained if the alien is en- unlawful immigrant. over 150 million people. gaged in a crime that caused death or Sanctuary cities and jurisdictions ig- Not the U.S. Conference of Catholic serious injury to another person. Had nore the law. They do it at the expense Bishops, Catholic Charities, Church this provision been law at the time, it of the American people. Our citizens World Service, and religious and faith could have helped prevent what hap- surely deserve better. They deserve to leaders from all across the land. pened in the heartbreaking death of live in communities that don’t let dan- Not the National Fraternal Order of Sarah Root, where an alien who caused gerous criminals back out into the Police, the Law Enforcement Immigra- her death was freed on bond and re- streets. They deserve to see the law tion Task Force, or the National Task mains at large. upheld rather than ignored. Law-abid- Force to End Sexual and Domestic Vio- The No Sanctuary for Criminals Act ing citizens deserve to see individuals lence. also takes the commonsense step of al- who break our laws—not only by enter- Not the NAACP, the Southern Pov- lowing DHS to withhold aliens rather ing and residing in our country ille- erty Law Center, the YWCA, or hun- than transferring them to sanctuary gally, but by committing crimes once dreds of national civil rights, human jurisdictions, even if the jurisdiction here—to be removed. rights, labor, immigration, and human- has a warrant. It simply doesn’t make This rule provides for the consider- itarian organizations. sense for DHS to transfer aliens who ation of legislation to strengthen the Mr. Speaker, on a bill that would af- are removable under the law to juris- rule of law and to protect our neigh- fect hundreds of cities and towns and dictions that are looking for opportuni- bors and communities. counties across America, why wouldn’t ties to let them go. It demands that jurisdictions comply we want to hear the views of these im- Mr. Speaker, I cannot talk about with our Nation’s immigration laws portant law enforcement, State and holding sanctuary cities accountable and enforcement or face penalties. local government, religious, civil soci- by strengthening our laws without Today we can take action to turn off ety, and victims’ organizations? mentioning the work of Chairman JOHN the spigot of Federal funds to those ju- The answer is simple, Mr. Speaker. CULBERSON. risdictions that obstruct ICE efforts at Because they all oppose this legisla- In 2016, Chairman CULBERSON suc- the expense of Americans. We dem- tion. All of them. cessfully convinced the Department of onstrate that Members of this House It is much easier for Republicans to Justice to update guidelines in order to will not sit idly by while sanctuary cit- close down the process and steamroll disqualify sanctuary cities from receiv- ies continue flouting the laws of our this terrible bill through Congress than ing DOJ grant money should they be land with impunity. We strengthen our to actually get feedback from the found in violation of title 8 U.S. Code, detainer policy, enable ICE to do its American people and the leaders section 1373. job, and, at the same time, help protect charged with keeping them safe. Attorney General Sessions has reiter- our communities. If you are going to pass a bill that ated that Federal law enforcement Mr. Speaker, I reserve the balance of has so much public opposition, I guess grants are contingent on compliance my time. it makes sense to do it quickly and with existing law, and that the DOJ Mr. MCGOVERN. Mr. Speaker, I with as little debate as possible. will deny fiscal year 2017 grant funds to thank the gentleman from Georgia Welcome to the House of Representa- jurisdictions that have refused to share (Mr. COLLINS) for yielding me the cus- tives, Mr. Speaker, where the voices of information regarding illegal aliens in tomary 30 minutes, and I yield myself the American people are shut out as their custody. such time as I may consume. Republicans continue to ram through Chairman CULBERSON’s efforts made (Mr. MCGOVERN asked and was their radical agenda. clear that State and local law enforce- given permission to revise and extend Mr. Speaker, H.R. 3003 does nothing ment agencies are expected to work his remarks.) to advance cooperation between local with Federal law enforcement agencies Mr. MCGOVERN. Mr. Speaker, I rise law enforcement with the Federal Im- on immigration matters. Through his today in strong opposition to this migration and Customs Enforcement.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.022 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5246 CONGRESSIONAL RECORD — HOUSE June 28, 2017 Cooperation between local and Federal b 1245 legal status—and six in 10 say they are more concerned that deportation efforts will be agencies to apprehend, try, and punish I don’t think Washington knows best serious criminal offenders, and in the overzealous than they are that dangerous all the time, unlike my Republican col- criminals will be overlooked. case of foreign nationals, to imprison leagues. I trust my local police depart- All told, 60% say the government’s top pri- and then deport them, has always been ments on this issue more than I trust ority in dealing with illegal immigration a high priority. These are matters of my friends on the other side of the should be developing a plan to allow those in national security. aisle. Republicans would rather demon- the US illegally who have jobs to become But instead of continuing to foster ize these cities, towns, and local police legal residents. cooperation and strengthen this pri- In contrast, 26% say developing a plan to agencies and force them to squander stop illegal border crossings should be the ority, this bill chooses to blackmail, scarce local resources on immigration coerce, and penalize local law enforce- top priority and 13% say deportation of those enforcement instead of local policing, in the US illegally should be the first pri- ment agencies and demand that they making our cities and our communities ority. potentially violate the Constitution of less safe, not more safe. The number who prioritize legal status for the United States, in particular the This is why law enforcement and city those working in the US illegally is up from Fourth Amendment, the 10th Amend- governments oppose this bill. It delib- 51% who said so last fall. That shift comes ment, and the 14th amendment. erately and cynically undermines their across party lines, with Democrats and inde- I wish my Republican friends were as pendents each 10 points more likely and Re- ability to protect their communities, publicans 8 points more likely to choose a faithful to the rights enshrined in nurture public trust in the police and these amendments of the Bill of Rights plan for legal status now compared with last our legal system, and strengthen public fall. as they are to the Second Amendment, safety. While Trump campaigned heavily against but then that is a whole other debate. Mr. Speaker, this bill reeks of preju- ‘‘amnesty’’ for undocumented immigrants, And let’s think about this for a dice. It isn’t meant to solve any prob- he has avoided rescinding an Obama adminis- minute. What are they proposing to do? lem. It is meant to punish cities that tration program offering protections and For communities and local law en- work permits to those who were brought to don’t embrace the radical views of the forcement that believe that doing what the US as children, and in a recent meeting anti-immigrant rightwing of the Re- this bill asks them to do would make it with reporters a senior administration offi- publican Party. It is meant to demon- more difficult for them to do local po- cial indicated Trump could be open to a com- ize all immigrants as criminals. It is promise that included a path to legalization, licing, and would make it more dif- meant to turn our local police into the if not citizenship, if it came to his desk. ficult for them to have the trust of lackeys of ICE. Trump told Congress in his joint address members in their community to report Mr. Speaker, this House continues to last month that he supported the idea of an crimes. What my Republican friends immigration reform compromise, but offered wait and wait and wait for the Repub- propose to do is take away important few details. lican majority to show some leadership Federal funding to help keep these Offering citizenship to those immigrants and bring up a comprehensive immi- communities safe. who are living in the US illegally but hold a gration reform bill. It has been more What are we talking about here? job, speak English and are willing to pay back taxes is immensely popular, with 90% I think it is important for people to than 4 years since the Senate passed a strong, bipartisan immigration reform behind such a plan. That’s consistent across understand this. Programs like the party lines, with 96% of Democrats, 89% of COPS programs, the Community Ori- bill, and we are still waiting for House Republicans to step up and act, to ac- independents and 87% of Republicans behind ented Policing Services; the State it. Criminal Alien Assistance Program; tually try to solve a problem rather The President has described his immigra- the Byrne Justice Assistance Grant than continue to divide our country tion policies as focused on removing crimi- program; and national security pro- and continue to act in a way that is po- nals, though critics of his administration say grams, those things would be taken larizing. enforcement agencies’ definition of criminal What we need is a way to bring 11 is too expansive and sweeps up people who away from local communities. It million of our neighbors, friends, col- only broke immigration laws. doesn’t make any sense. leagues, small-business owners, and He has also ordered the creation of offices For example, the Bynre JAG is a and reports focused on publicizing victims of hardworking residents out of the shad- major source of criminal justice fund- crimes committed by undocumented immi- ing for local law enforcement and pro- ows. That is what makes America grants. vided $275 million in fiscal year 2016 for stronger. That is why 9 out of 10 Amer- Americans say, however, they are more prevention and education programs, icans support immigration reform that concerned about the effects of deportations creates a path to citizenship for the un- than they are about immigrant crimes. drug treatment and enforcement, crime Overall, 58% say they’re more concerned victim and witness initiatives, and documented, according to a March 2017 poll by CNN/ORC. that deportation efforts will go too far and other community-based programs. result in deportation of people who haven’t Mr. Speaker, I include in the RECORD Other funding programs and grants committed serious crimes, while 40% say that are threatened under this bill are the article about the poll. they’re more concerned that those efforts used to address sexual assault, gang vi- [From cnn.com, Mar. 17, 2017] will not go far enough and dangerous crimi- nals will remain in the US. That number is olence, and trafficking such as the Sex- CNN/ORC POLL: AMERICANS BREAK WITH largely driven by Democrats—more than ual Assault Kit Initiative, the Violent TRUMP ON IMMIGRATION POLICY two-thirds of Republicans say they are con- Gang and Gun Crime Reduction Pro- (By Tal Kopan and Jennifer Agiesta) cerned efforts won’t go far enough. gram, and the Reach and Evaluation on WASHINGTON (CNN).—Americans disagree As for deportation priorities, seven in 10 Trafficking in Persons program. with President Donald Trump’s immigration say the government should not attempt to Maybe nobody read what this bill priorities, according to a new CNN/ORC poll, deport all immigrants living in the country does before they brought it to the with nearly two-thirds of Americans saying illegally, up from 66% in the fall. floor. I just don’t understand the logic they’d like to see a path to legal status for A wide majority, nearly eight in 10, sup- of basically trying to blackmail com- undocumented immigrants rather than de- port deporting undocumented immigrants portations. munities by taking away important who have committed other crimes, however, Trump has made tough border security and an area Trump says is his focus. There has funding that is designed to protect the strict enforcement of US immigration laws a been a small uptick, nevertheless, in the citizens of various communities across focal point of his campaign and presidency— share who say the government shouldn’t be this country. using some of his first executive orders to deporting those living in the US illegally Mr. Speaker, this so-called sanctuary pave the way for far more deportations and who have been convicted of other crimes, cities bill, as I mentioned, threatens to detentions as well as ordering the construc- from 15% to 19%. strip local jurisdictions of Federal tion of a Southern border wall. Opinions vary by party on both of these grants and funding. It specifically tar- But a CNN/ORC poll released Friday finds questions, though majorities across party gets law enforcement, counterterror- that the public is actually moving in the op- lines are on the same side of both arguments. posite direction since Trump has won elec- Among Republicans, 55% oppose attempts to ism, and national security grants when tion. deport all people living in the US illegally, they prioritize working with immi- Americans are more likely to say that the below the 86% of Democrats and 71% of inde- grant communities to keep our neigh- nation’s top immigration priority should be pendents who feel that way. Considering de- bors and cities and towns safe. to allow those in the US illegally to gain portation of those in the country illegally

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.024 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5247 who have been convicted of other crimes, This simply builds upon what we have well as programs administered by the U.S. 64% of Democrats favor that, below the 79% already done. Department of Homeland Security. of independents and 93% of Republicans who So I think it is a choice here. I think The FOP has been very clear on this issue: we strongly believe that local and State law say the same. making it out to be anything other CNN/ORC interviewed 1,025 American enforcement agencies should cooperate with adults by phone from March 1 to 4 for the than a choice that the localities have their Federal counterparts. That being said, poll, which has a margin of error of plus or made is really trying to subvert the withholding needed assistance to law en- minus 3 percentage points. Results by party process and discuss another issue. We forcement agencies—which have no policy- have a margin of error of plus or minus 6 can do that all we want. That is what making role—also hurts public safety efforts. points. ended up, a lot of times, happening in Local police departments answer to local this rule debate. civilian government and it is the local gov- Mr. MCGOVERN. Mr. Speaker, in- ernment which enacts statutes and ordi- stead of working together to find com- But at the end of the day, this is nances in their communities. Law enforce- monsense solutions to immigration, about simply enforcing the law. I think ment officers have no more say in these mat- the Republican leadership offers ex- if you go to places all over the country ters than any other citizen and—with laws treme, deportation-only bills that un- and you begin to ask them just a sim- like the Hatch Act in place—it can be argued dermine public safety and hurt our ple question and start it off with this, they have less. Law enforcement officers do communities. Let them register; let ‘‘Don’t you think we ought to enforce not get to pick and choose which laws to en- them pay a fine; let them be docu- the law?’’ the answer you get over 90 force, and must carry out lawful orders at the direction of their commanders and the mented and not fear talking with the percent of the time is yes. civilian government that employs them. It is police; and let us recognize their many Mr. Speaker, I reserve the balance of unjust to penalize law enforcement and the contributions to communities across my time. citizens they serve because Congress dis- America. Mr. MCGOVERN. Mr. Speaker, I yield agrees with their enforcement priorities with These are our friends, our colleagues, myself such time as I may consume. respect to our nation’s immigration laws. and our neighbors. Our kids go to It is clear that the laws aren’t work- The FOP issued a statement in January of ing. That is why we need comprehen- this year regarding the approach of the Ad- school together. We shop at the same ministration on sanctuary cities as outlined grocery stores and eat at the same res- sive immigration reform, and that is in President Trump’s Executive Order. The taurants. We serve together on the why it is so unfortunate that the Re- President recognized that it is unfair to pe- PTA and worship together at church. publicans in this House have stalled on nalize the law enforcement agencies serving Our country is strongest when we lift that issue. We had bipartisan support a these jurisdictions for the political decisions up our neighbors. This bill will only few years ago for comprehensive immi- of local officials. It allows the U.S. Attorney drive us apart. gration reform, but people here, for General and Secretary of the U.S. Depart- Mr. Speaker, this bill is just more of some reason, would rather just dema- ment of Homeland Security to make an in- gogue the issue than do something formed decision about the public safety im- the same old divisive Republican anti- pact without an automatic suspension from immigrant formula. It will sow fear about it. Federal grant programs. In Section 2 of H.R. among the immigrant community, re- As I said before, I actually trust my 3003, there is no such discretion and it coun- gardless of their status; it will tear local officials, my local police, more termands the Administration’s existing pol- families apart; it will subvert public than I do my Republican friends who icy. trust of local law enforcement and po- are speaking here today and who spoke The FOP opposed several bills in the pre- lice; and it will undermine the Con- in the Rules Committee last night. vious Congress, which were outlined in a let- ter to the Senate leadership, and we will con- stitution of the United States. Mr. Speaker, I include in the RECORD tinue to work against proposals that would Mr. Speaker, America is better than a letter to all of us from the National reduce or withhold funding or resources from this. I urge my colleagues to reject this Fraternal Order of Police, which is any Federal program for local and State law closed rule and to oppose the under- strongly opposed to this bill; a letter to enforcement. If Congress wishes to effect lying bill. all of us from The United States Con- policy changes in these sanctuary cities, it Mr. Speaker, I reserve the balance of ference of Mayors, which is strongly must find another way to do so. my time. opposed to all of this; a letter to all of On behalf of the more than 330,000 members of the Fraternal Order of Police, I want to Mr. COLLINS of Georgia. Mr. Speak- us from the Law Enforcement Immi- urge the House to reject H.R. 3003’s punitive er, I yield myself such time as I may gration Task Force, which is strongly approach and work with law enforcement to consume. opposed to this bill; and a letter to all find a better way to improve public safety in Mr. Speaker, again, I respect my of us from Cities for Action, which is our communities. Please feel free to contact friend from Massachusetts a great deal. strongly opposed to this bill. me or my Senior Advisor Jim Pasco in my Washington office if I can be of any further I am not sure what is subversive to the NATIONAL assistance. Constitution in upholding the law. FRATERNAL ORDER OF POLICE, When we deal with this issue, it is Washington, DC, June 27, 2017. Sincerely, CHUCK CANTERBURY, Hon. PAUL D. RYAN, about a choice. We can talk about local National President. law enforcement and we can talk about Speaker of the House, House of Representatives, Washington, DC. cities that do not want to do this, but THE UNITED STATES Hon. KEVIN O. MCCARTHY, they are making the choice here. It is CONFERENCE OF MAYORS, Majority Leader, House of Representatives, Washington, DC, June 26, 2017. time we hold people accountable for Washington, DC. DEAR REPRESENTATIVE: I write to register choices. Hon. NANCY P. PELOSI, I think it is really interesting that the strong opposition of the nation’s mayors Minority Leader, House of Representatives, to H.R. 3003, a partisan bill that seeks to we mentioned the State Criminal Alien Washington, DC. punish so-called ‘‘sanctuary cities,’’ which is Assistance Program, which, by the Hon. STENY H. HOYER, expected to be considered by the full House way, was meant to reimburse localities Minority Whip, House of Representatives, this week. for holding illegal immigrants. If they Washington, DC. The U.S. Conference of Mayors represents are not holding them, then why do they DEAR MR. SPEAKER AND REPRESENTATIVES well over a thousand mayors and nearly 150 MCCARTHY, PELOSI AND HOYER: I am writing million people. Today, we concluded the 85th need the money to start with? on behalf of the members of the Fraternal So let’s at least put it in perspective Annual Meeting of The U.S. Conference of Order of Police to reiterate the FOP’s oppo- Mayors and adopted policy that reinforces here. I can talk about immigration re- sition to any amendment or piece of legisla- and builds on previous positions we have form. I believe there is a lot that we tion that would penalize law enforcement taken which oppose provisions in this bill. can do in that. I agree with the gen- agencies by withholding Federal funding or Specifically, the nation’s mayors: tleman. However, I disagree in the part resources from law enforcement assistance urge members of Congress to withdraw leg- here, why don’t we enforce the law that programs in an effort to coerce a policy islation that attempts to cut local law en- is here? change at the local level. The House will forcement funding necessary to ensure the By the way, that is currently the law consider H.R. 3003 on the floor this week and safety of our communities, indemnify con- Section 2 of this bill would restrict the hir- duct that violates the constitutional rights under both President Obama and Presi- ing program administered by the Office of afforded to both United States citizens and dent Trump. Under U.S. Code section Community Oriented Policing Services immigrant populations, and further crim- 1373, in order to get Federal money, (COPS), the Edward Byrne Memorial Justice inalizes immigration and infringes on the they have to comply with this section. Assistance Grant (Byrne-JAG) programs, as rights of immigrant;

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.003 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5248 CONGRESSIONAL RECORD — HOUSE June 28, 2017 oppose punitive policies that limit local the safety and security of our communities, Mims, Fresno County, CA; Sheriff Mike control and discretion, and urge instead that we have concerns about legislative proposals Chitwood, Volusia County, FL; Sheriff Paul Congress and the Administration pursue im- that would attempt to impose punitive, Fitzgerald, Story County, IA; Chief Wayne migration enforcement policies that recog- ‘‘one-size-fits-all’’ policies on state and local Jerman, Cedar Rapids, IA; Sheriff Bill nize that local law enforcement has limited law enforcement. Rather than strengthening McCarthy, Polk County, IA; Public Safety resources and community trust is critical to state and local law enforcement by providing Director, Mark Prosser, Storm Lake, IA; local law enforcement and the safety of our us with the tools to work with the Depart- Sheriff Lonny Pulkrabek, Johnson County, communities; ment of Homeland Security (DHS) in a man- IA. oppose federal policies that commandeer ner that is responsive to the needs of our Chief Mike Tupper, Marshalltown, IA; local law enforcement or require local UN communities, these proposals would rep- Chief William Bones, Boise, ID; Ret. Chief authorities to violate, or be placed at risk of resent a step backwards. Ron Teachman, South Bend, IN; Ret. Chief violating, a person’s Fourth Amendment Attempts to defund so-called sanctuary James Hawkins, Garden City, KS; Commis- rights; expend limited resources to act as im- cities regularly sweep too broadly, punishing sioner William Evans, Boston, MA; Chief Ken migration agents; or otherwise assist federal jurisdictions that engage in well-established Ferguson, Framingham, MA; Chief Brian immigration authorities beyond what is de- community policing practices or adhere to Kyes, Chelsea, MA; Chief Tom Manger, termined by local policy. federal court decisions that have found fed- Montgomery County, MD; Chief Todd Axtell, HR 3003 would do all of these things and eral immigration detainers to violate con- Saint Paul, MN; Sheriff Eli Rivera, Cheshire more: stitutional protections. We oppose these ap- County, NH; Chief Cel Rivera, Lorain, OH; It would jeopardize public safety by with- proaches and urge Congress to work to en- Public Safety Commissioner Steven Pare, holding critical public safety funding from courage—rather than compel—law enforce- Providence, RI. jurisdictions that tell their police officers ment agency cooperation within our federal Chief William Holbrook, Columbia, SC; not to ask an individual their immigration system. Sheriff Leon Lott, Richland County, SC; Ret. status. Many departments have such policies We believe that law enforcement should Chief Fred Fletcher, Chattanooga, TN; Chief to encourage crime victims and witnesses to not cut corners. Multiple federal courts have Art Acevedo, Houston, TX; Sheriff Edward report crimes and to build trust with immi- questioned the legality and constitutionality Gonzalez, Harris County, TX; Sheriff Sally grant communities. of federal immigration detainers that are not Hernandez, Travis County, TX; Sheriff Lupe It would put jurisdictions at risk of vio- accompanied by a criminal warrant signed Valdez, Dallas County, TX; Ret. Chief Chris lating an individual’s Fourth Amendment by a judge. Even though the legality of such Burbank, Salt Lake City, UT; Sheriff John rights by establishing probable cause stand- immigration holds is doubtful, some have Urquhart, King County, WA; Asst. Chief ards for ICE’s issuance of detainers that do proposed requiring states and localities to Randy Gaber, Madison, WI; Chief Michael not require a judicial determination of prob- enforce them, shielding them from lawsuits. Koval, Madison, WI; Chief Todd Thomas, Ap- able cause. Numerous federal courts have While this approach would reduce potential pleton, WI. found that continued detention under an ICE legal liability faced by some jurisdictions detainer, absent probable cause, would state and departments, we are concerned these CITIES FOR ACTION, a claim for a violation of the Fourth Amend- proposals would still require our agencies June 28, 2017. ment and subject the detaining officer or ju- and officers carry out federal directives that Hon. PAUL RYAN, risdiction to civil liability. could violate the U.S. Constitution, which Speaker of the House, House of Representatives, While it says it would provide immunity to we are sworn to follow. Washington, DC. jurisdictions which comply with detainers Immigration enforcement is, first and fore- Hon. NANCY PELOSI, and hold them harmless in any suits filed most, a federal responsibility. Making our Minority Leader, House of Representatives, against them, they would still be subject to communities safer means better defining Washington, DC. Fourth Amendment challenges. roles and improving relationships between DEAR MEMBERS OF CONGRESS: Cities for Ac- Further compelling and expanding compli- local law enforcement and federal immigra- tion (C4A) is a coalition of over 150 mayors ance with certain enforcement provisions, tion authorities. But in attempting to and municipal leaders that advocates for such as immigration detainers, and cutting defund ‘‘sanctuary cities’’ and require state policies and programs that promote inclu- off federal funding to jurisdictions which do and local law enforcement to carry out the sion of foreign-born residents. Our coalition not comply with these provisions likely con- federal government’s immigration enforce- has a deep commitment to promoting public flict with the Tenth Amendment. ment responsibilities, the federal govern- safety and building trust between law en- H.R. 3003 is a bad bill for our cities and ment would be substituting its judgment for forcement and immigrant communities. We their residents and for our nation. It would the judgment of state and local law enforce- are writing to you today to urge that you op- jeopardize public safety, preempt local au- ment agencies. Local control has been a ben- pose the No Sanctuary for Criminals Act, thority, and expose local governments to eficial approach for law enforcement for dec- H.R. 3003. litigation and potential findings of damages. ades—having the federal government compel Cities and counties are united in our oppo- America’s mayors call on you to do the right state and local law enforcement to carry out sition to Representative Goodlatte’s bill, thing and vote against H.R. 3003 when it is new and sometimes problematic tasks under- which would undermine local public safety considered on the floor. mines the delicate federal balance and will efforts. Nearly 600 jurisdictions have a vari- The U.S. Conference of Mayors urges you harm locally-based policing. ety of policies that would put them at risk of instead to focus on positive legislation that Rather than requiring state and local law losing millions of dollars in federal funding will fix our broken immigration system and enforcement agencies to engage in additional for local law enforcement, national security, make our cities safer. The nation’s mayors immigration enforcement activities, Con- drug treatment, and crime victim initia- pledge to work with you on bipartisan immi- gress should focus on overdue reforms of the tives. These policies were adopted due to gration reform legislation that will fix our broken immigration system to allow state constitutional concerns and judgements nation’s broken immigration system. We and local law enforcement to focus their re- made on the best use of limited resources. need to move beyond punitive bills like H.R. sources on true threats—dangerous criminals Rather than empowering localities to adopt 3003 and develop an immigration system that and criminal organizations. We believe that measures designed to enhance the general works for our nation, our cities and our peo- state and local law enforcement must work welfare of their residents, H.R. 3003 would ple. together with federal authorities to protect strip localities of the ability to enact com- To make our cities safer we urge you to our communities and that we can best serve mon-sense crime prevention policies that en- consider legislation that will help us to fight our communities by leaving the enforcement sure victims of crime will seek protection crime and prevent terrorism. The U.S. Con- of immigration laws to the federal govern- and report crimes. ference of Mayors and the Major Cities ment. Threatening the removal of valuable Among the types of grants that would be Chiefs Association agree that to make the grant funding that contributes to the health at risk are: the Sexual Assault Kit Initia- streets of America safe, Congress must act to and well-being of communities across the na- tive, which addresses the growing number of strengthen bonds between communities and tion would not make our communities safer unsubmitted sexual assault kits in law en- police, expand homeland security grants, in- and would not fix any part of our broken im- forcement custody and aims to provide help vest in mental health and substance abuse migration system. for victims; the Violent Gang and Gun Crime services, reduce gun violence, and reform the Our immigration problem is a national Reduction Program, which is designed to criminal justice system and strengthen re- problem deserving of a national approach, create safer neighborhoods through a sus- entry services. and we continue to recognize that what our tained reduction in gang violence and gun Sincerely, broken system truly needs is a permanent crime; and the Research and Evaluation on MITCHELL J. LANDRIEU, legislative solution—broad-based immigra- Trafficking of Persons, which helps support Mayor of New Orleans, President. tion reform. cities’ efforts to respond to the challenges Sincerely, that human trafficking pose in their juris- LAW ENFORCEMENT Chief Chris Magnus, Tucson, AZ; Chief Syl- diction. IMMIGRATION TASK FORCE, via Moir, Tempe, AZ; Ret. Chief Roberto This bill also raises serious concerns by June 28, 2017. Villasenor, Tucson, AZ; Chief Charlie Beck, undermining local laws and criminal pros- DEAR MEMBER OF CONGRESS: As law en- Los Angeles, CA; Ret. Chief James Lopez, ecutions. It would prevent states or local- forcement leaders dedicated to preserving Los Angeles County, CA; Sheriff Margaret ities from establishing laws or policies that

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.005 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5249 prohibit or ‘‘in any way’’ restrict compliance the answer is simple: Get a warrant. It mayors. They have a great thing. But with or cooperation with federal immigra- is the Fourth Amendment. they also represent members who are, tion enforcement. This intrudes into local Indeed, the bill also likely violates right now, actually, not in compliance policies that help foster a relationship of the 10th Amendment by comman- with this, who dislike this law. So, nat- trust between law enforcement officials and immigrants that will, in turn, promote pub- deering States to engage in Federal en- urally, you would say part of their lic safety for all our residents. forcement. membership is going to be supportive This also raises serious constitutional con- The bill, as has been mentioned, cuts of them. cerns. The Tenth Amendment to the U. S. off critical law enforcement funding, But, also, growing up in the house- Constitution limits the federal government’s and that is why the Fraternal Order of hold of a Georgia State trooper, I also ability to mandate particular action by Police has written its letter in opposi- know a few things about law enforce- states and localities, including in the area of tion to the bill. ment as well. Law enforcement wants federal immigration law enforcement and in- Taken together, the provisions of vestigations. The federal government cannot to protect the communities they serve, force states or localities to enact or admin- this bill undermine law enforcement’s and they want to enforce the law. ister a federal regulatory program, or com- ability to keep communities safe, hurt What is happening right now is that pel state or local employees to participate in victims and witnesses of crimes, and local law enforcement is deciding how the administration of a federally enacted likely violate the U.S. Constitution. they are going to do this. They are not regulatory scheme. It is no surprise this bill is a priority cooperating with ICE to find a better In addition, this bill permits DHS to ignore for the Trump administration. Anti- way to work in their communities. validly issued state or local criminal war- immigrant sentiment may have be- They are simply saying: We made a po- rants, which would prevent jurisdictions come the hallmark of the Trump ad- from completing their prosecution of crimi- litical choice to do something. nals. The provisions of this bill undercut ministration, but it does not represent Well, Mr. Speaker, I think with the local law enforcement and will jeopardize the values of our Nation, and, indeed, Constitution, this body has the polit- public safety efforts. the majority of Americans strongly op- ical choice to say: That is your choice; Local governments have a strong interest pose President Trump’s agenda. just do it without Federal funds. in protecting all residents and maintaining Mr. Speaker, I urge our colleagues to Mr. Speaker, I reserve the balance of public safety. Therefore, we urge you to op- oppose this rule and to oppose the bill. my time. pose the No Sanctuary for Criminals Act, Mr. COLLINS of Georgia. Mr. Speak- H.R. 3003, and ensure it never becomes law. Mr. MCGOVERN. Mr. Speaker, I yield Thank you for your time and consideration er, I yield myself such time as I may myself such time as I may consume. in this matter, consume. The gentleman, my friend, says that CITIES FOR ACTION. Mr. Speaker, again, just going on this is a constitutional question. We Mr. MCGOVERN. Mr. Speaker, I this, immigration is an interesting agree that the Constitution is an im- know my friends think Washington issue, and we can discuss this. There portant document, and it goes to the knows best, but I trust my local police probably are not a lot of folks that I heart of why we are opposed to the bill more. respect more than the gentlewoman that the gentleman is supporting here. Mr. Speaker, I yield 3 minutes to the from California, but this is a constitu- The reason why we say that is because gentlewoman from California (Ms. LOF- tional issue. Immigration is a national we have had Federal courts that have GREN), the distinguished ranking mem- issue. decided in ways in the past that cause ber of the Judiciary Subcommittee on If we are willing to reverse this out great concern that much in this bill Immigration and Border Security and let the States and localities deter- may be unconstitutional. Ms. LOFGREN. Mr. Speaker, there is mine immigration, I think we settled Now, that is why we should have had no debating that our immigration sys- that way over 200 years ago. This is hearings, that radical idea that we tem is in need of reform. The system where this belongs. keep on bringing up, like hearings doesn’t meet the needs of our Nation, So, as we look at this, Washington is where people come and testify. But I its businesses, or its families. There not saying it knows best. But on this guess that is too much to ask. are sensible steps we can take to en- issue, it is our domain; it is where we One of the reasons why we are op- sure that it works better and that the are supposed to be. This is our role. posed to this is because we are con- rules are followed. We believe, simply, that enforcing cerned that it may undermine the Con- But rather than work in a bipartisan the law is what we need here. If the stitution, and that is a pretty big deal. and top-to-bottom fashion to fix our gentleman believes that States ought I am happy to give the gentleman my broken laws, today we consider a one- to have more control in a lot of things copy of the Constitution and references sided and enforcement-only approach that we do, then I think maybe I am to court cases if he would like to do a that is rejected by the majority of getting him closer to agreeing with us little research, but, boy, it would have Americans. on healthcare that we need to reform been nice to have a hearing. This bill would drastically expand and replace ObamaCare and let States Mr. Speaker, I include in the RECORD and, indeed, compel local involvement have a little bit more information in a letter on behalf of 407 local, State, with Federal immigration enforce- that. and national immigrant, civil rights, ment. Even though the majority often But one of the things is that there is faith-based, and labor organizations in professes its fondness for states’ rights no affirmative action on the cities strong opposition to H.R. 3003. and local governance, the bill actually here. I think there is sort of a point to JUNE 28, 2017. prohibits States and cities from polic- make here. There is no affirmative ac- Re Vote NO on the No Sanctuary for Crimi- ing themselves as they think best, in- tion on cities or localities to comply nals Act, H.R. 3003, and Kate’s Law, H.R. cluding by having community trust with this issue. They are simply, again, 3004. policies that disentangle local policing as I said earlier, making a choice. U.S. House of Representatives, from Federal immigration enforce- If they choose not to work through it Washington, DC. ment. These are policies that have the current way, then they are giving DEAR REPRESENTATIVE: On behalf of the 407 up Federal funding. That is their undersigned local, state, and national immi- proven to engender trust in law en- grant, civil rights, faith-based, and labor or- forcement and drive down crime. choice. If they choose to do it, they are ganizations, we urge you to oppose the No The bill prohibits jurisdictions from giving up Federal funding. They are Sanctuary for Criminals Act, H.R. 3003 and declining immigration detainer re- not being forced and coerced. They are Kate’s Law, H.R. 3004, and any similar legis- quests, even when compliance would simply saying: You actually look at it; lation that jeopardizes public safety, erodes violate binding court orders. In fact, a you make the choice in how you want the goodwill forged between local police and lot of Federal district courts have to do it; then explain it to your popu- its residents, and perpetuates the criminal- found that, when it is time to release lation. If they are agreeing with that, ization and incarceration of immigrants. an inmate because their sentence has that is your choice. H.R. 3003 would strip badly needed law en- forcement funding for state and local juris- been served, it violates the Fourth One of the things that often is said dictions, runs afoul of the Tenth and Fourth Amendment to hold that individual here is we trot out letters from asso- Amendment, and unnecessarily expands the upon a mere request by the Federal ciations. And I agree. I respect the Na- government’s detention apparatus. H.R. 3004 Government. If you want that person, tional Fraternal Order of Police and unwisely expands the federal government’s

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.007 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5250 CONGRESSIONAL RECORD — HOUSE June 28, 2017 ability to criminally prosecute immigrants ican-Arab Anti-Discrimination Committee; Hampton Institute: A Working Class Think for immigration-based offenses, excludes Americans Committed to Justice and Truth; Tank. critical humanitarian protections for those Asian American Legal Defense and Edu- The National Alliance to Advance Adoles- fleeing violence, and doubles down on the cation Fund (AALDEF); Asian Americans cent Health; The Queer Palestinian Em- failed experiment of incarceration for immi- Advancing Justice—AAJC; Asian Americans powerment Network; The Sentencing gration violations. Advancing Justice—Asian Law Caucus; Project; The United Methodist Church—Gen- Over 600 state and local jurisdictions have Asian Pacific American Labor Alliance, eral Board of Church and Society; U.S. Com- policies or ordinances that disentangle their AFL–CIO (APALA); Asian Pacific Institute mittee for Refugees and Immigrants; state and local law enforcement agencies on Gender-Based Violence; ASISTA; Bend UndocuBlack Network; Unitarian Univer- from enforcing federal immigration law. The the ArcJewish Action; Black Alliance for salist Association; Unitarian Universalist No Sanctuary for Criminals Act, H.R. 3003, Just Immigration; Casa de Esperanza: Na- Legislative Ministry of New Jersey; Uni- seeks to attack so-called ‘‘sanctuary’’ juris- tional Latin@ Network; Catholic Legal Im- tarian Universalist Service Committee; dictions (many of whom do not consider migration Network, Inc.; Center for Amer- UNITE HERE; United Child Care, Inc.; themselves as such) by penalizing state and ican Progress; Center for Employment Train- United for a Fair Economy; UU College of local jurisdictions that follow the Fourth ing; Center for Gender & Refugee Studies; Social Justice; UURISE—Unitarian Univer- Amendment of the U.S. Constitution by re- Center for Law and Social Policy; Center for salist Refugee & Immigrant Services & Edu- fusing to honor constitutionally infirm re- New Community. cation; Voto Latino; We Belong Together; quests for detainers. H.R. 3003 penalizes ju- Center for Popular Democracy (CPD); WOLA; Women’s Refugee Commission; Work- risdictions by eliminating various federal Christian Church (Disciples of Christ) Ref- ing Families; Yemen Peace Project; YWCA. grants, including funding through the Cops ugee & Immigration Ministries; Christian STATE AND LOCAL ORGANIZATIONS on the Beat program, the Edward Byrne Me- Community Development Association; (MILU) Mujeres Inmigrantes Luchando morial Justice Assistance Grant Program, Church World Service; Coalition on Human Unidas; #VigilantLOVE; 580 Cafe/Wesley and any other federal grant related to law Needs; CODEPINK; Columban Center for Ad- Foundation Serving UCLA; Acting in Com- enforcement or immigration. Importantly, vocacy and Outreach; Committee in Soli- munity Together in Organizing Northern Ne- using the threat of withholding federal darity with the People of El Salvador vada (ACTIONN); Advocates for Basic Legal grants to coerce state and local jurisdictions (CISPES); Community Initiatives for Vis- Equality, Inc.; Alianza; All for All; Alliance likely runs afoul of the Tenth Amendment’s iting Immigrants in Confinement (CIVIC); San Diego; Allies of Knoxville’s Immigrant prohibition on commandeering, a position Defending Rights & Dissent; Disciples Center Neighbors (AKIN); American Gateways; supported by over 300 law professors. for Public Witness; Disciples Home Missions; Aquinas Center; Arkansas United Commu- ‘‘Sanctuary’’ policies are critical to pro- Dominican Sisters of Sparkill; Drug Policy nity Coalition; Asian Americans Advancing mote public safety for local communities. Alliance; Easterseals Blake Foundation; Justice—Atlanta; Asian Americans Advanc- Fearing referral to U.S. Immigration and Equal Rights Advocates; Farmworker Jus- ing Justice-LA; Asian Americans United; Customs Enforcement, victims and witnesses tice; Freedom Network USA; Friends Com- Asian Counseling and Referral Service; Asian of crime are significantly less likely to com- mittee on National Legislation; Fuerza Law Alliance; Asian Pacific American Legal municate with local law enforcement. Local Mundial. Resource Center; Asylee Women Enterprise; Futures Without Violence; Grassroots law enforcement authorities have repeatedly Atlas: DIY. Leadership; Hispanic Federation; Hispanic echoed this sentiment, acknowledging that Bear Creek United Methodist Church—Con- National Bar Association; Holy Spirit Mis- community policing policies are paramount gregation Kol Ami Interfaith Partnership; sionary Sisters—USA—JPIC; Immigrant to enhancing public safety. Indeed, ‘‘sanc- Bethany Immigration Services; Brighton Legal Resource Center; Intercommunity tuary’’ jurisdictions have less crime and Park Neighborhood Council; Peace & Justice Center; Interfaith Worker more economic development than similarly Cabrini Immigrant Services of NYC; Cam- Justice; Isaiah Wilson; Jewish Voice for situated non-‘‘sanctuary’’ jurisdictions. paign for Hoosier Families; Canal Alliance; Peace; Jewish Voice for Peace—Boston; Jew- Withholding critically-needed federal fund- Capital Area Immigrants’ Rights Coalition; ish Voice for Peace—Tacoma chapter; Jewish ing would, paradoxically, severely cripple CASA; Casa Familiar, Inc.; Casa Latina; Voice for Peace—Western MA; Justice Strat- the ability of state and local jurisdictions to Casa San Jose; Catholic Charities; Catholic egies; Kids in Need of Defense (KIND); Lamb- satisfy the public safety needs of their com- Charities San Francisco, San Mateo & da Legal; Laotian American National Alli- munities. Marin; Causa Oregon; CDWBA Legal Project, Kate’s Law, H.R. 3004, would further crim- ance; Latin America Working Group; Latino Inc.; Central American Legal Assistance; inalize the immigrant community by dras- Victory Fund; LatinoJustice PRLDEF. Central New Jersey Jewish Voice for Peace; League of United Latin American Citizens; tically increasing penalties for immigrants Central Pacific Conference of the United Lutheran Immigration and Refugee Service; convicted of unlawful reentry. Operation Church of Christ; Central Valley Immigrant Mi Familia Vota; Milwaukee Chapter; Jew- Streamline encapsulates our nation’s failed Integration Collaborative (CVIIC).; Centro ish Voice for Peace; NAACP; National Center experiment with employing criminal pen- Laboral de Graton. for Transgender Equality; National Coalition Centro Latino Americano; Centro Legal de alties to deter migration. Under Operation Against Domestic Violence; National Coali- la Raza; Centro Romero; Chelsea Collabo- Streamline, the federal government pros- tion for Asian Pacific American Community rative; Chicago Religious Leadership Net- ecutes immigrants for reentry at significant Development; National Council of Asian Pa- work on Latin America; Church Council of rates. By all practical measures, Operation cific Americans (NCAPA); National Council Greater Seattle; Church of Our Saviour/La Streamline has failed to deter migration, of Jewish Women; National Council of La Iglesia de Nuestro Salvador Episcopal; wasted billions of taxpayer dollars, and un- Raza (NCLR); National Day Laborer Orga- Church Women United in New York State; fairly punished thousands of immigrants who nizing Network (NDLON); National Edu- Cleveland Jobs with Justice; Coalicion de try to enter or reenter the United States to cation Association; National Immigrant Jus- Lideres Latinos-CLILA; Coalition for Hu- reunite with their children and loved ones. tice Center; National Immigration Law Cen- mane Immigrant Rights (CHIRLA); Coalition We fear that H.R. 3004’s increased penalties ter; National Immigration Project of the of African Communities; Coloradans For Im- for reentry would double down on this failed NLG; National Iranian American Council migrant Rights, a program of the American strategy, explode the prison population, and (NIAC); National Justice for Our Neighbors; Friends Service Committee; Colorado Peo- cost billions of dollars. National Korean American Service & Edu- ple’s Alliance (COPA); Columbia Legal Serv- Instead of passing discredited enforcement- cation Consortium (NAKASEC); National ices; Comite Pro Uno; Comite VIDA; Com- only legislation, Congress should move for- Latina Institute for Reproductive Health. mittee for Justice in Palestine—Ithaca; ward on enacting just immigration reform National Latina/o Psychological Associa- Community Action Board of Santa Cruz legislation that provides a roadmap to citi- tion; National Lawyers Guild; National County, Inc; Community Legal Services and zenship for the nation’s eleven million aspir- LGBTQ Task Force Action Fund; National Counseling Center. ing Americans and eliminates mass deten- Network for Immigrant and Refugee Rights; Community Legal Services in East Palo tion and deportation programs that under- National Resource Center on Domestic Vio- Alto; Community of Friends in Action, Inc.; mine fundamental human rights. Legislation lence; NETWORK Lobby for Catholic Social Connecticut Legal Services, Inc; CRLA that erodes public safety, disrespects local Justice; OCA—Asian Pacific American Advo- Foundation; CT Working Families; DC-Mary- democratic processes, and raises serious con- cates; Our Revolution; People’s Action; PICO land Justice for Our Neighbors; Delaware stitutional concerns represents an abdica- National Network; Queer Detainee Empower- Civil Rights Coalition; Do the Most Good tion of the Congress’ responsibility to enact ment Project; Refugee and Immigrant Cen- Montgomery County (MD); Dominican Sis- fair, humane, and just immigration policy. ter for Education and Legal Services ters—Grand Rapids (MI); Dream Team Los In light of the above, we urge you to vote NO (RAICES); School Social Work Association Angeles DTLA; DRUM—Desis Rising Up & on the No Sanctuary for Criminals Act, H.R. of America; Sisters of the Presentation of Moving; East Bay Sanctuary Covenant; Ecu- 3003 and Kate’s Law, H.R. 3004. the Blessed Virgin Mary, New Windsor; menical Ministries of Oregon; El CENTRO de Sincerely, Southeast Asia Resource Action Center Igualdad y Derechos; El Monte Wesleyan NATIONAL ORGANIZATIONS (SEARAC); Southern Border Communities Church; Emerald Isle Immigration Center; America’s Voice Education Fund; Amer- Coalition; Southern Poverty Law Center; Employee Rights Center; Encuentro; End Do- ican Federation of Teachers; American T’ruah: The Rabbinic Call for Human Rights; mestic Abuse WI; English Ministry—Korean Friends Service Committee (AFSC); Amer- The Advocates for Human Rights; The Presbyterian Church of St. Louis.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.009 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5251 Episcopal Refugee & Immigrant Center Al- ference United Church of Christ Immigration tleman from New Jersey (Mr. PAS- liance; Equal Justice Center; Equality Cali- Working Group; North Carolina Council of CRELL). fornia; Erie Neighborhood House; First Con- Churches; North County Immigration Task Mr. PASCRELL. Mr. Speaker, this is gregational UCC of Portland; First Unitarian Force; North Jersey chapter of Jewish Voice an interesting issue with the canvas in Universalist Church of Berks County; Flor- for Peace; Northern Illinois Justice for Our ida Center for Fiscal and Economic Policy; Neighbors; Northern Manhattan Coalition the back of the entire immigration Florida Immigrant Coalition, Inc. (FLIC); for Immigrant Rights; Northwest Immigrant laws that need to be addressed. Franciscans for Justice; Frida Kahlo Com- Rights Project (NWIRP); OCCORD; Occupy This body—not the body at the other munity Organization; Friends of Broward Bergen County (New Jersey); OneAmerica; end of the building, this body—didn’t Detainees; Friends of Miami-Dade Detainees; OneJustice; Oregon Interfaith Movement for have the guts to address it 4 years ago, Georgia Latino Alliance for Human Rights; Immigrant Justice—IMIrJ; Organized Com- 3 years ago, 2 years ago, nor this year. Gethsemane Lutheran Church; Grassroots munities Against Deportations; OutFront This is something that we need to ad- Alliance for Immigrant Rights; Greater La- Minnesota; Pangea Legal Services; PASO— fayette Immigrant Allies; Greater New York West Suburban Action Project; Pax Christi dress, even though it is not the bill Labor Religion Coalition; Greater Rochester Florida; Pennsylvania Immigration and Citi- itself. COALITION for Immigration Justice; Grupo zenship Coalition, I am a strong supporter of law en- de Apoyo e Integracion Hispanoamericano; Pilgrim United Church of Christ; Pilipino forcement. As co-chair of the Law En- HACES. Workers Center; Polonians Organized to Min- forcement Caucus, I rise in total oppo- Hana Center; Harvard Islamic Society; Her ister to Our Community, Inc. (POMOC); Justice; HIAS Pennsylvania; Hispanic Inter- sition to this bill and the rule. Here is Portland Central America Solidarity Com- what the misguided goal of this bill est Coalition of Alabama; Hispanic Legal mittee; Progreso: Latino Progress; Progres- Clinic; Hudson Valley Chapter of JVP; sive Jewish Voice of Central PA; Progressive would do: Human Rights Initiative of North Texas; Leadership Alliance of Nevada; Project You are going to prove a point by pe- ICE-Free Capital District; Illinois Coalition Hope—Proyecto Esperanza; Project IRENE; nalizing law enforcement for immigra- for Immigrant and Refugee Rights; Imman- Puget Sound Advocates for Retirement Ac- tion policies politicians in their city uel Fellowship: a bilingual congregation; Im- tion(PSARA)n; Racial Justice Action Center; have to implement. That is what you migrant Justice Advocacy Movement Reformed Church of Highland Park; Refugees want to do. So it absolves us down here (IJAM); Immigrant Legal Advocacy Project; Helping Refugees; Refugio del Rio Grande; in Washington. Immigration Action Group; Immigration Resilience Orange County; Rocky Mountain Center for Women and Children; Inland Em- Immigrant Advocacy Network (RMIAN); This bill threatens the central Fed- pire—Immigrant Youth Coalition (IEIYC); Rural and Migrant Ministry; Safe Passage; eral funding streams for law enforce- Interfaith Movement for Human Integrity; San Francisco CASA (Court Appointed Spe- ment. You have heard all of those pro- International Institute of Buffalo; Irish cial Advocates); Services, Immigrant Rights, grams that are being endangered. Any International Immigrant Center; IRTF— and Education Network (SIREN). grant administered by the Department InterReligious Task Force on Central Amer- Sickle Cell Disease Association of Amer- of Justice or the Department of Home- ica and Colombia. ica, Philadelphia/Delaware Valley Chapter; land Security that is substantially re- Japanese American Citizens League, San Sisters of St. Francis, St. Francis Province; Jose Chapter; Jewish Voice for Peace—Al- Sisters of St. Joseph of Rochester, Inc; lated to law enforcement, terrorism, bany, NY chapter; Jewish Voice for Peace— Skagit Immigrant Rights Council; Social national security, immigration, or nat- Albuquerque; Jewish Voice for Peace—Aus- Justice Collaborative; South Asian Fund For uralization you are putting on the tin; Jewish Voice for Peace—Bay Area; Jew- Education, Scholarship And Training chopping block if this bill becomes law. ish Voice for Peace—Cleveland; Jewish Voice (SAFEST); South Bay Jewish Voice for This bill would not make our commu- for Peace—DC Metro; Jewish Voice for Peace; South Texas Immigration Council; nities safer. In fact, it undermines pub- Peace—Denver; Jewish Voice for Peace— Southeast Immigrant Rights Network; St Ithaca; Jewish Voice for Peace—Los Angeles; lic safety. John of God Church; Students United for The funding this bill puts at risk al- Jewish Voice for Peace—Madison; Jewish Nonviolence; Tacoma Community House; Voice for Peace—New Haven; Jewish Voice Tennessee Immigrant and Refugee Rights lows local police departments to pur- for Peace—Philadelphia; Jewish Voice for Coalition; Teresa Messer, Law Office of Te- chase equipment and hire and provide Peace—Pittsburgh; Jewish Voice for Peace— resa Messer; Thai Community Development training for officers. This actually Portland; Jewish Voice for Peace—San Center; The Garden, Lutheran Ministry; The jeopardizes the security—read my Diego; Jewish Voice for Peace—South Flor- International Institute of Metropolitan De- lips—of communities in order to per- ida; Jewish Voice for Peace—Syracuse, NY; troit; The Legal Project; Tompkins County Jewish Voice for Peace—Triangle NC; Jolt. petuate a false narrative about immi- Immigrant Rights Coalition; Transgender grants. Justice for our Neighbors Houston; Justice Resource Center of New Mexico. for Our Neighbors Southeastern Michigan; Trinity Episcopal Church; U-Lead Athens; b 1300 Justice For Our Neighbors West Michigan; Unitarian Universalist Mass Action Net- JVP–HV. Jewish Voice for Peace—Hudson work; Unitarian Universalist PA Legislative I just received a letter from the New Valley; Kentucky Coalition for Immigrant Advocacy Network (UUPLAN); United Afri- Jersey State Policemen’s Benevolent and Refugee Rights; Kids for College; Kino can Organization; United Families; Univer- Association. I think it says it better Border Initiative; Kitsap Immigrant Assist- sity Leadership Initiative; University of San than anything I could say. It says: ance Center; KIWA (Koreatown Immigrant Francisco Immigration and Deportation De- ‘‘Politics should not interfere with the Workers Alliance); Korean Resource Center; fense Clinic; UNO Immigration Ministry; La Casa de Amistad; La Coalicio´ n de safety of our members or our ability to UPLIFT; UpValley Family Centers; do our job.’’ Derechos Humanos; La Comunidad, Inc.; La VietLead; Vital Immigrant Defense Advo- Raza Centro Legal; Lafayette Urban Min- cacy & Services, Santa Rosa, CA; Volunteers The police are telling us that, and istry; Las Vegas Chapter of Jewish Voice for of Legal Service; Washtenaw Interfaith Coa- you are asking them to go out and do Peace; Latin American Legal Defense and lition for Immigrant Rights; Watertown Citi- the job of protecting our citizens day Education Fund; Latino Racial Justice Cir- zens for Peace, Justice, and the Environ- in and day out—which we all are, I cle; Latinx Alliance of Lane County; Legal ment; Wayne Action for Racial Equality; hope—and then you are telling them: Aid Society of San Mateo County. WeCount!; WESPAC Foundation; Wilco Jus- Legal Services for Children; Lemkin House But I am sorry, because we have a dis- tice Alliance (Williamson County, TX). agreement on this issue, you are going inc; Long Island Wins; Massachusetts Immi- Women Watch Afrika, Inc.; Worksafe; grant and Refugee Advocacy Coalition; Mas- Young Immigrants in Action; YWCA Alaska; to suffer the consequences. sachusetts Law Reform Institute; Middle YWCA Alliance; YWCA Berkeley/Oakland; Mr. Speaker, I include in the RECORD East Crisis Response (MECR); Migrant and YWCA Brooklyn; YWCA Clark County; a letter from the New Jersey State Po- Immigrant Community Action Project; Mi- YWCA Elgin; YWCA Greater Austin; YWCA licemen’s Benevolent Association. grant Justice/Justicia Migrante; MinKwon Greater Pittsburgh; YWCA Greater Portland; NEW JERSEY STATE POLICEMEN’S Center for Community Action; Mission Asset YWCA Madison; YWCA Minneapolis; YWCA BENEVOLENT ASSOCIATION, INC., Fund; Mississippi Immigrants Rights Alli- Mount Desert Island; YWCA NE KANSAS; ance (MIRA); Mosaic Family Services; Move- Woodbridge, NJ, June 28, 2017. YWCA of Metropolitan Detroit; YWCA of the Re H.R. 3003. ment of Immigrant Leaders in Pennsylvania University of Illinois; YWCA Olympia; Hon. WILLIAM PASCRELL, Jr., (MILPA); Mujeres Unidas y Activas; Mundo YWCA Pasadena—Foothill Valley; YWCA Maya Foundation; National Lawyers Guild— Paterson, NJ. Rochester & Monroe County; YWCA South- Los Angeles Chapter; New Jersey Alliance DEAR CONGRESSMAN PASCRELL: The New eastern Massachusetts; YWCA Southern Ari- for Immigrant Justice; New Mexico Dream Jersey State Policemen’s Benevolent Asso- zona; YWCA Tulsa; YWCA Warren; YWCA Team; New Mexico Immigrant Law Center; ciation (NJSPBA) represents over 33,000 law Westmoreland County. New Mexico Voices for Children. enforcement officers throughout our state. It New Sanctuary Movement of Philadelphia; Mr. MCGOVERN. Mr. Speaker, I yield is no secret that law enforcement officers New York Immigration Coalition; NH Con- 3 minutes to the distinguished gen- risk their own safety every day to keep our

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.012 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5252 CONGRESSIONAL RECORD — HOUSE June 28, 2017 communities safe. And as a strong supporter Mr. Speaker, I will address my re- minimum wage in 10 years, and people of law enforcement on the floor of the U.S. marks to the Chair, but I also will not who work hard every single day have House of Representatives, we would like to stand here and let it be said from some seen their pay erode again and again. thank you for all your efforts on behalf of political angle that the son of a Geor- Mr. Speaker, people who are working the men and women that serve within the law enforcement community. gia State trooper has anything less full time at $7.25 an hour can’t make it. It is our understanding that this week the than respect for law enforcement or And if we can defeat this previous ques- House is voting on H.R. 3003, the ‘‘No Sanc- wants anything more than to have law tion, we can actually bring up some- tuary for Criminals Act,’’ which adds addi- enforcement agencies do their job. And thing that the American people really tional obstacles to funding for the hiring of this is exactly what we are talking need, which is to get a raise. additional police officers in certain commu- about. Do your job. Mr. Speaker, this is not something nities throughout our state. Specifically, the If you want to make a political state- we are going to dump on top of busi- bill restricts municipalities from receiving ment, then work it out politically. But ness all at once. There is a ladder up. It grants administered by the Department of this is: Do your job, keep the law. Justice or the Department of Homeland Se- takes 7 years to get to that $15, but, curity if municipal officials fail to notify the I mean, what else—are we going to Mr. Speaker, make no doubt that we federal government with regard to the pres- get another letter from another police need to do it. ence of individuals as it relates to informa- association saying: Well, we decided we Mr. Speaker, right now, today, people tion regarding citizenship or immigration are not going to enforce Federal what- working full time qualify for food status. ever else? stamps, housing assistance, and med- While we strongly agree that state and This is an issue that needs to be dis- ical assistance because their employers local law enforcement should work closely cussed, and I will just simply say, from don’t pay them enough to make it. And with federal law enforcement, cutting off this perspective, of one who has lived it I know that everybody in this House funding for law enforcement to already un- for 50 years and who lived it under the derfunded and understaffed police depart- knows that, when people work hard, ments and law enforcement entities under- same house for 21 years, no, there is no they ought to be able to make it in mines our collective efforts to keep our one that respects law enforcement and America. members and the communities they serve their role more than this Member. And If you work full time, you shouldn’t safe. Politics should not interfere with the this Member is simply reflecting a lot be in poverty. You should be able to af- safety of our members or our ability to do of views of law enforcement. ford a good apartment. You should be our job. This says: Let us do our job. We will able to have good scheduling for your On behalf of our membership, we appre- work on these issues, but you are mak- job. You should have some benefits. ciate your ongoing efforts and hope you will ing a choice. If you don’t want to en- continue to work with your colleagues in This is all the American Dream is Congress to assure funding for law enforce- force it, then don’t take the money. Do about, being able to work hard and get ment and prevent our government from pun- what you want to do. Just don’t take paid fairly for it. ishing our membership for something that is the money. Now, Mr. Speaker, I just want to let completely out of our control. Mr. Speaker, I reserve the balance of you know that between 2009 and 2013, I am available to discuss our opposition to my time. we saw the top 1 percent of income H.R. 3003 further, at your convenience. You Mr. MCGOVERN. Mr. Speaker, I yield earners get 85 percent of the income can reach me at our NJSPBA offices, if you 30 seconds to the gentleman from New growth in this country. That means we have any questions. Jersey (Mr. PASCRELL) in order to re- Thank you for all your efforts on behalf of have historic inequality not seen since spond. the Great Depression. It is wrong, Mr. the men and women of law enforcement. Mr. PASCRELL. Mr. Speaker, I think Sincerely, Speaker. And if we can defeat this pre- that is a very pathetic way to look at PATRICK COLLIGAN, vious question, we should do every- State President. our police officers in this country. ‘‘If thing we can to pass this excellent The SPEAKER pro tempore. The you don’t like it, don’t take the piece of legislation that Ranking Mem- money.’’ time of the gentleman has expired. ber BOBBY SCOTT has authored in this You must be kidding me. I urge my Mr. MCGOVERN. Mr. Speaker, I yield body. colleagues to find a different tactic to an additional 1 minute to the gen- Mr. SCOTT and I, as well as many penalize political decisions that you tleman. other Members, have been all over this don’t like. Mr. PASCRELL. Mr. Speaker, con- I urge my colleagues to oppose this country, and right here in D.C. stand- gressional Republicans are doing that bill. ing with workers explaining to us their right here. They are playing politics The SPEAKER pro tempore. Mem- struggles, how they haven’t seen a with our Nation’s security. bers are, again, reminded to address raise, how they haven’t seen their pay To quote the New Jersey State Po- their remarks to the Chair, not to indi- go up. And they are serious, Mr. Speak- licemen’s Benevolent Association viduals on the floor. er, about wanting to be part of this again—these words are from the police, Mr. MCGOVERN. Mr. Speaker, I ask economy, too. not me—‘‘ . . . punishing our member- my colleagues to defeat the previous Pass this minimum wage increase. ship for something that is completely question. And if we do defeat the pre- Give America a raise. out of our control.’’ vious question, I will offer an amend- Mr. COLLINS of Georgia. Mr. Speak- Why are the police opposed to this ment to this rule to bring up Rep- er, I reserve the balance of my time. legislation? resentative BOBBY SCOTT’s Raise the Mr. MCGOVERN. Mr. Speaker, the The Fraternal Order of Police you Wage Act, H.R. 15, which would finally reason why we are trying to bring this have heard about. Some of my friends give workers the raise they deserve, to the floor by way of defeating the on the other side of the aisle like to and increase the Federal minimum previous question is because the Re- talk the talk when it comes to sup- wage to $15 an hour within 7 years. publican majority in this House had porting law enforcement until it either Mr. Speaker, I ask unanimous con- basically locked everything down so we costs money or we are going to have to sent to insert the text of my amend- can’t get important bills to the floor. deal with the bigger factors. That is a ment in the RECORD, along with extra- We can’t even get amendments to the fact. neous material, immediately prior to underlying bill that we are debating You may laugh all you want, but the vote on the previous question. here today. It is really unfortunate and that is a fact. I can cite you chapter The SPEAKER pro tempore. Is there sad for this institution. and verse if you want. This is no laugh- objection to the request of the gen- Mr. Speaker, I yield 3 minutes to the ing matter. This is business. This is the tleman from Massachusetts? gentleman from Texas (Mr. DOGGETT). lives of the police. There was no objection. Mr. DOGGETT. Mr. Speaker, this bill The SPEAKER pro tempore. Mem- Mr. MCGOVERN. Mr. Speaker, I yield wrongfully endorses political inter- bers are advised to address remarks to 2 minutes to the distinguished gen- ference with professional law enforce- the Chair. tleman from Minnesota (Mr. ELLISON) ment leaders. With no legal authority, Mr. COLLINS of Georgia. Mr. Speak- to discuss our proposal. both President Trump and his Texan er, I yield myself such time as I may Mr. ELLISON. Mr. Speaker, America look-alike, Governor Greg Abbott, consume. needs a raise. We have not raised the want to deny funds and intimidate

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The bill dramati- cally expands 8 U.S.C. § 1373 which is more I will tell my Republican colleague have a special interest in this legisla- narrowly written and prohibits local law en- from Georgia, and his colleagues, that tion because it enforces a bill I spon- forcement from restricting the sharing and the only lawlessness that exists here is sored in 1969, which was enacted into exchange of information with federal au- the lawlessness of President Trump in law and made sanctuary cities illegal. thorities, but only with respect to an indi- trying to do this to such an extent that The American people sent a clear vidual’s citizenship or immigration status. a Federal court order stopped him. And message to Congress last November Rather than empowering localities, the ex- when they elected a President who tremely broad wording of H.R. 3003 would they will also, I believe, stop Governor strip localities of the ability to enact com- Abbott on his outrageous Senate Bill 4. promised to enforce our immigration mon-sense crime prevention policies that en- Our police chiefs in San Antonio and laws. A recent poll shows that 80 per- sure victims of crime will seek protection in Austin, our courageous Sheriff, cent—80 percent—of voters want cities and report crimes. The bill would also under- Sally Hernandez, like many law en- that arrest illegal immigrants for mine public safety by prohibiting DHS from forcement professionals from Texas to crimes to be required to turn them honoring criminal warrants of communities New Jersey, they say that maintaining over to immigration authorities. deemed ‘‘sanctuary cities’’ if the individual being sought by local law enforcement has a the trust and confidence of the immi- Eighty percent. That is a Harvard-Har- final order of removal. grant community to report crime, to ris poll. Under H.R. 3003, localities that fail to com- be witnesses concerning crime, that The No Sanctuary for Criminals Act ply with federal immigration efforts are pe- this makes us all safer—immigrant and is a down payment on our pledge to nalized with the denial of federal funding for nonimmigrant alike. protect innocent Americans from critical law enforcement, national security, Any proper arrest warrant presented criminal immigrants who deserve to be drug treatment, and crime victim initia- by ICE will be honored everywhere. De- jailed or sent back to their home coun- tives, including the State Criminal Alien As- sistance Program (SCAAP), Community Ori- tainers, which are merely a bureau- tries. We need to enact this legislation. ented Policing Services (COPS), and Byrne cratic message saying the bureaucracy There is simply no excuse for local gov- JAG programs that provide hundreds of mil- is suspicious of someone who should be ernments to ignore immigration laws lions of dollars to localities nationwide. imprisoned based on that suspicion, at the expense of American’s safety In an effort to force localities to engage in will not be kept imprisoned—and Fed- and well-being. civil immigration enforcement efforts, in- eral courts have said they should not Mr. MCGOVERN. Mr. Speaker, I yield cluding those against nonviolent undocu- mented immigrants, the bill would make it be—under the Constitution. myself such time as I may consume. far more difficult for many localities, includ- I would say that the only sanctuary Mr. Speaker, I include in the RECORD ing large cities, to arrest and prosecute po- that this bill provides is a sanctuary a letter to the entire Congress from the tentially dangerous criminals. The bill could for prejudice. It is a sanctuary that de- American Immigration Lawyers Asso- even offer criminals a form of immunity, fies the reality of the America we have ciation in opposition to this bill; a let- knowing that any crimes they commit in a today, particularly in the Southwest. ter from Amnesty International in op- designated sanctuary city would result, at We should reject this bill and affirm position to this bill; and a letter from most, in their removal from the country as opposed to criminal prosecution. welcoming cities, like mine, that are a Church World Services in opposition to H.R. 3003 would run afoul of constitutional refuge from anti-immigrant hysteria, this bill. safeguards in the Fourth Amendment: By but have a strong commitment to safe- STATEMENT OF THE AMERICAN IMMIGRATION prohibiting localities from restricting or ty and to effective law enforcement, LAWYERS ASSOCIATION OPPOSING THE ‘‘NO limiting their own cooperation with federal and looking to our local law enforce- SANCTUARY FOR CRIMINALS ACT’’ (H.R. 3003) immigration enforcement, H.R. 3003 effec- ment, not political interference from AND ‘‘KATE’S LAW’’ (H.R. 3004), JUNE 27, tively compels localities to honor ICE de- 2017. tainer requests—a controversial and con- Washington telling us how to protect stitutionally suspect practice that is none- As the national bar association of over our families. theless widely-used by ICE. Federal courts 15,000 immigration lawyers and law profes- This very week, four years ago, an have found that ICE use of detainers violates overwhelming bipartisan United States sors, the American Immigration Lawyers As- the Fourth Amendment, and that localities sociation (AILA) opposes ‘‘No Sanctuary for may be held liable for honoring them. Senate majority approved comprehen- Criminals Act’’ (H.R. 3003) and ‘‘Kate’s Law’’ sive immigration reform. And like the The bill also expands detainer authority by (H.R. 3004). AILA recommends that members establishing that ICE may issue detainer re- amendments that are being blocked of Congress reject these bills which are quests for localities to hold undocumented today, these House Republicans were so scheduled to come before the House Rules immigrants for up to 96 hours—twice what is fearful that that bill might become law Committee on June 27 and to the floor short- currently allowed—even if probable cause that they will not even permit us to ly thereafter. Though Judiciary Chairman has not been shown. Courts have concluded even debate it four years later on the Goodlatte stated that the bills will ‘‘enhance that localities cannot continue detaining floor of this House. public safety,’’ they will do the just the op- someone unless ICE obtains a warrant from posite: undermine public safety and make it Instead of this anti-immigrant a neutral magistrate who has determined even harder for local law enforcement to pro- there is probable cause, or in the case of a hysteria, instead of this sorry piece of tect their residents and communities. In ad- warrantless arrest, review by a neutral mag- legislation, what we need is broad im- dition, the bills which were made public less istrate within 48 hours of arrest. The expan- migration reform, and we need it now. than a week before the vote and completely sive provisions in H.R. 3003 would force local- The SPEAKER pro tempore. Mem- bypassed the Judiciary Committee, include ities to choose between detaining people in bers are reminded to refrain from en- provisions that will result in violations of violation of the Constitution or being pun- gaging in personalities toward the due process and the Fourth and Tenth ished as a ‘‘sanctuary city.’’ Furthermore, this bill provides govern- President. Amendments to the Constitution. At a time when over 9 out 10 Americans ment actors and private contractors with Mr. COLLINS of Georgia. Mr. Speak- support immigration reform and legalization immunity if they are sued for violating the er, I yield 2 minutes to the gentleman of the undocumented, Republican leadership Constitution. Provisions in this bill transfer from Texas (Mr. SMITH), our former is asking the House to vote on enforcement- the financial burden of litigation by sub- chairman of the Judiciary Committee. only bills that will lead to more apprehen- stituting the federal government for the Mr. SMITH of Texas. Mr. Speaker, sions, deportations, and prosecutions of local officers as the defendant. If H.R. 3003 first of all, let me thank the gentleman thousands of immigrants and their families becomes law, American taxpayers would be who have strong ties to the United States. stuck paying for lawsuits brought by those from Georgia, a member of the Rules who are unjustly detained. Committee, for yielding me time. Instead of criminalizing and scapegoating immigrants, Congress should be offering The bill goes even further by creating a Mr. Speaker, I strongly support the private right of action allowing crime vic- workable reforms that will strengthen our tims or their family members to sue local- underlying bill, H.R. 3003, No Sanc- economy and our country. tuary for Criminals Act; and I thank ities if the crime was committed by someone THE NO SANCTUARY FOR CRIMINALS ACT, H.R. the chairman, BOB GOODLATTE, and who was released by the locality that did not 3003 honor an ICE detainer request. Representatives STEVE KING and ANDY H.R. 3003 would undermine public safety H.R. 3003 would violate the Tenth Amend- BIGGS for introducing it. and interfere with local policing: H.R. 3003 ment: H.R. 3003 would compel states and lo- This legislation keeps dangerous would amend 8 § U.S.C. 1373 to prevent states calities to utilize their local law enforce- criminal immigrants off our streets or localities from establishing laws or poli- ment resources to implement federal civil

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The Tenth Amendment does not per- request asylum and are taken into custody immigrant survivors from reporting crimes. mit the federal government to force counties by CBP to await a fear screening would be The U.S. government has an obligation to and cities to allocate local resources, includ- subject to criminal charges based on a past prevent and address abuse of immigrants and ing police officers, technology, and per- removal, even though they are seeking ref- ensure that all immigrants are able to access sonnel, to enforce federal immigration law. uge in the U.S. available remedies. This includes acting with The federal government also cannot with- H.R. 3004 would impose severe sentencing due diligence to investigate and punish hold funds from localities refusing to partici- enhancements for people with multiple en- criminal conduct committed by private indi- pate in federal efforts if the programs af- tries: The bill would also create new sen- viduals, and guaranteeing access to justice fected are unrelated to the purpose of the tencing enhancements for people who have for immigrant victims of crime. federal program, or if the sanctions are puni- reentered the U.S. multiple times, even if Amnesty International has also docu- tive in nature. they have no other criminal convictions. If mented how the increased involvement of H.R. 3003 would expand detention without someone has been removed three or more state and local law enforcement agencies in due process: H.R. 3003 would increase the use times, and is found in the United States or immigration enforcement, without adequate of detention without ensuring those detained attempts to cross the border again, H.R. 3004 oversight and accountability to prevent have access to a bond determination. Under law would provide for sentencing enhance- abuses, contributes to the rise in reports of the bill, nearly anyone who is undocu- ments of up to ten years. The bill makes no racial profiling for Latino communities and mented, including those who have over- exception for bona fide asylum seekers, other communities of color. Numerous stud- stayed their visa would be subject to deten- which means that people who are seeking ies have demonstrated that programs that tion without a custody hearing. The bill also refuge in the U.S. from atrocities abroad integrate the criminal justice system and establishes that DHS has the authority to could be subject to a lengthy prison sentence law enforcement as an entry point for immi- detain individuals ‘‘without time limita- under these provisions. gration enforcement have led to racial tion’’ during the pendency of removal pro- H.R. 3004 would undermine due process by profiling and other abuses. ceedings. These provisions would dramati- blocking challenges to unfair removal or- In addition, H.R. 3003 would dramatically cally expand the federal government’s power ders: The bill will prevent an individual from expand the Department of Homeland Secu- to indefinitely detain individuals, and would challenging the validity of a removal order, rity (‘‘DES’’) immigration detention powers likely result in ever growing numbers of un- even it was fundamentally unfair in the first by authorizing mandatory detention ‘‘with- documented immigrants held in substandard place. The Supreme Court held in U.S. v. out time limitation.’’ This would empower detention facilities. Mendoza-Lopez,481 U.S. 828 (1987) that due the DHS to detain untold numbers of immi- grants for as long as it takes to conclude im- KATE’S LAW, H.R. 3004 process requires that a challenge be allowed if a deportation proceeding is used as an ele- migration court removal proceedings, even if H.R. 3004 would expand the already severe that takes years. Section 4 would also au- penalties in federal law for illegal reentry ment of a criminal offense and where the proceeding ‘‘effectively eliminate[d] the thorize indefinite mandatory detention (NA 276; 8 U.S.C. 1326). The number of people Without providing the basic due process of prosecuted for illegal reentry has grown right of the alien to obtain judicial review.’’ This provision in H.R. 3004 is likely unconsti- an immigration judge bond hearing to deter- steadily to about 20,000 prosecutions each mine if the immigrant’s imprisonment was year, and such cases comprise more than one tutional and will cause grave injustice to de- fendants, such as asylum seekers who were justified in the first place. Finally, section 4 quarter of all federal criminal prosecutions would expand mandatory detention of immi- nationwide. H.R. 3004 adds sentencing en- deported without the opportunity to seek asylum. grants with no criminal record whatsoever, hancements for people who are convicted of including immigrants who overstayed a visa minor misdemeanors and people who have re- or lack legal papers. AMNESTY INTERNATIONAL, entered multiple times but have no criminal The mandatory detention system, which June 28, 2017. convictions. This bill will not improve public provides for the automatic detention of indi- safety and will undermine due process and AMNESTY INTERNATIONAL USA URGES A VOTE viduals, amounts to arbitrary detention, and protections for asylum seekers. H.R. 3004 ‘‘NO’’ ON H.R. 3003 AND H.R. 3004 is in violation of international law, which re- would waste American taxpayer funds by im- DEAR REPRESENTATIVE: On behalf of Am- quires that detention be justified in each in- posing severe prison sentences upon thou- nesty International USA (‘‘AIUSA’’) and our dividual case and be subject to judicial re- sands of people who pose no threat to the more than one million members and sup- view. The expansion of offenses which would community and who have strong ties to the porters nationwide, we strongly urge you to fall under mandatory detention as dem- country and are trying to unite with their oppose the No Sanctuary for Criminals Act onstrated in H.R., as proposed by H.R. 3003, loved ones. (H.R. 3003) and Kate’s Law (H.R. 3004). Both amounts to arbitrary detention, and is in H.R. 3004 would impose severe sentencing bills are scheduled for House floor votes as violation of international law, which re- enhancements upon people with minor of- early as June 28. If passed, both bills would quires that detention be justified in each in- fenses: H.R. 3004 would add sentencing en- pave the way for and accelerate the imple- dividual case and be subject to judicial re- hancements for minor misdemeanor convic- mentation of policies that increase the crim- view. U.S. federal courts have also consist- tions, including driving without a license inalization and detention of immigrants and ently held that detaining immigrants for and other traffic-related offenses. Under the asylum seekers, thereby violating the United months and years without bond hearings current version of INA § 276, if a person is States’ obligations under international law. raises serious problems under the Due Proc- charged with reentering the U.S. after being AIUSA will be scoring these votes. ess Clause of the Constitution. removed, their punishment is enhanced by I. The No Sanctuary for Criminals Act The proposed dramatic expansion of immi- up to ten years only if they have been con- (H.R. 3003) would prevent municipalities gration detention powers envisioned in H.R. victed a felony or three or more mis- from determining how law enforcement 3003 comes at a time when immigration de- demeanors involving drugs or violence. agencies are engaging in immigration en- tention has already hit record-highs, with Under H.R. 3004 someone who has been con- forcement, and would dramatically expand the average daily population (‘‘ADP’’) ex- victed of any three misdemeanors regardless indefinite detention and mandatory deten- ceeding 40,000 in comparison to a 34,000 ADP of severity would be subject to a term of up tion of immigrants in jail-like facilities with for the preceding seven years. This sharp es- to ten years. subpar dangerous conditions, in violation of calation in the number of detained immi- This expansion would unfairly target large international human rights standards. grants also comes at a time when Human numbers of people who are not a threat to H.R. 3003 would prevent localities from en- Rights Watch (‘‘HRW’’) has reported new evi- public safety but instead are trying to re- acting community trust policies that in- dence of dangerously subpar medical care in unite with family members and have other struct local police not to carry out federal immigration detention, including unreason- strong ties to the United States. Currently immigration enforcement, thereby under- able delays in care and unqualified medical half of all people convicted of illegal reentry mining policing practices designed to build staff that are likely to expose a record num- have one child living in the country. Increas- trust and confidence between local law en- ber of immigrants to dangerous conditions. ing sentences for illegal reentry would also forcement and the communities they serve. This recent HRW report is only the latest of waste taxpayer dollars, costing huge This bill would open the door to racial a series of shocking reports documenting amounts of money to lock up non-violent profiling against Latinos and other commu- DHS’s failure to provide care to ill or injured people. nities of color, including U.S. citizens. immigrants in its custody. H.R. 3004 would punish people who attempt International law firmly prohibits dis- The International Covenant on Civil and to seek asylum at the border: H.R. 3004 ex- crimination, and the United States’ commit- Political Rights (ICCPR), which the United pands the provisions of INA 276 to punish not ment to those obligations applies to citizens States has ratified, guarantees all people the only people who reenter the U.S. or attempt and non-citizens alike. rights to be free from discrimination and ar- to reenter the U.S., but also people who cross States that have passed anti-immigrant bitrary arrest and detention, and the right to or attempt to cross the border. The bill goes legislation that requires local law enforce- due process, including fair deportation pro- on to define ‘‘crosses the border’’ to mean ment to cooperate with immigration agen- cedures. Finally, noncitizens who are de- ‘‘the physical act of crossing the border, re- cies or to inquire about immigration status tained have a right to humane conditions of gardless of whether the alien is free from of- regarding any interactions with law enforce- detention and are entitled to prompt review

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.029 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5255 of their detention by an independent court. expelling, returning, or extraditing a person Kate’s Law, would expand the federal gov- The mass expansion of mandatory detention to another State where there are substantial ernment’s ability to prosecute individuals and immigration detention proposed by H.R. grounds for believing that s/he would be in for ‘‘illegal reentry’’ and impose even more 3003 violates all of these international danger of being subjected to torture. Finally, severe penalties in these cases—even though human rights standards. all individuals, regardless of immigration prosecutions for migration-related offenses II. H.R. 3004 would increase mass incarcer- status, have a right to family unity which already make up more than 50% of all federal ation of immigrants, including survivors of can include limits on the State’s power to prosecutions. Yet, this bill does not include persecution or torture, by increasing crimi- deport, as recognized by the Human Rights adequate protections for individuals who re- nal penalties for the mere act of migration— Committee’s interpretation of ICCPR obliga- enter the U.S. in order to seek protection, in violation of international human rights tions which would place asylum seekers at risk of standards. All of these international human rights being returned to the violence and persecu- Current law already criminalizes illegal re- standards are violated by H.R. 3004. tion they fled. We have seen how Border Pa- entry in violation of international law and AIUSA strongly urges you to oppose both trol’s current practices violate existing U.S. standards under 8 U.S.C. § 1326, imposing a H.R. 3003 and H.R. 3004. law and treaty obligations by preventing via- sentence of up to 20 years on anyone con- Sincerely, ble asylum claims from moving forward. victed of illegal reentry after committing an JOANNE LIN, DHS has found that in some areas, Border aggravated felony. According to data com- Senior Managing Director, Patrol refers asylum seekers for criminal piled by the Transactional Records Access Advocacy and Government Affairs. prosecution despite the fact that they have Clearinghouse at Syracuse University, in fis- expressed fear of persecution. In May 2017, a cal year 2016 federal criminal prosecutions CWS STATEMENT TO OPPOSING H.R. 3003, THE report was released highlighting that many for illegal entry, reentry, and similar immi- NO SANCTUARY FOR CRIMINALS ACT, AND asylum seekers, who had expressed a fear of gration violations made up 52 percent of all H.R. 3004, KATE’S LAW returning to their home countries are being federal prosecutions nationwide—surpassing turned away by GBP agents. New barriers to As a 71-year old humanitarian organization drugs, weapons, fraud and thousands of other protection are unnecessary and would dan- representing 37 Protestant, Anglican, and crimes. gerously impede our obligations under inter- Orthodox communions and 34 refugee reset- Criminal penalties for unauthorized entry national and U.S. law. are obstacles for identifying the victims of tlement offices across the country, Church Federal, state, and local policies that focus human rights abuses, and prevent victims World Service (CWS) urges all Members of on deportation do not reduce crime rates. In- from seeking justice. They undermine Congress to support the longstanding efforts dividuals are being deported who present no human rights protections afforded in inter- of law enforcement officials to foster trust- risk to public safety and who are long-stand- national law, including the right to seek asy- ing relationships with the communities they ing community members, including parents lum. The Special Rapporteur on the Human protect and serve. As we pray for peace and of young children. Immigrants come to this Rights of Migrants has repeatedly stressed an end to senseless acts of violence that are country to reunite with family, work, and that where detention is used as a punitive too prevalent in this country, CWS encour- make meaningful contributions that enrich measure, it is disproportionate and inappro- ages the U.S. Congress to refrain from politi- their communities. Several studies over the priate, and stigmatizes undocumented immi- cizing tragedies or conflating the actions of last century have affirmed that all immi- grants as criminals. one person with an entire community of our grants, regardless of nationality or status, The criminal prosecution of illegal reentry immigrant brothers and sisters and oppose are less likely than U.S. citizens to commit has grown exponentially over the past dec- H.R. 3003, the No Sanctuary for Criminals violent crimes. A recent report found a cor- ade. In 2002 there were 8,000 prosecutions for Act, and H.R. 3004, Kate’s Law. relation between the increase in undocu- illegal reentry; in 2012 these prosecutions H.R. 3003, the No Sanctuary for Criminals mented immigrants, and the sharp decline in had increased to 37,000. Nearly 99 percent of Act, would target more than 600+ cities, violent and property crime rates. Immigra- illegal reentry defendants were sentenced to counties, and states across the country and tion is correlated with significantly higher federal prison time, ranging from a few days threaten to take away millions of dollars in employment growth and a decline in the un- to 10 years or more for felony reentry before federal funding that local police use to pro- employment rate, and immigrants have high they are eventually deported. mote public safety. Communities are safer entrepreneurial rates, creating successful Beyond the trend towards more aggressive when they commit to policies that strength- businesses that hire immigrant and U.S. cit- criminal prosecutions for illegal reentry, a en trust and cooperation between local law izen employees. 2015 U.S. Sentencing Commission report enforcement, community leadership and in- As communities of faith, we are united by found nearly 50 percent of people sentenced stitutions, and all residents, regardless of principles of compassion, stewardship, and in fiscal 2013 for illegal re-entry had at least immigration status. The Federal govern- justice. CWS urges all Members of Congress one child living in the U.S. Many of the indi- ment should not hurt intentional, commu- to oppose H.R. 3003, the No Sanctuary for viduals charged with illegal reentry pre- nity-based policing efforts that are vital in Criminals Act, and H.R. 3004, Kate’s Law. viously resided in the U.S. for many years communities across the country. Many cities What we need are real solutions and immi- and are desperate to return to their family have already recognized that requests by Im- gration policies that treat our neighbors in the U.S. migration and Customs Enforcement (ICE) with the dignity and respect that all people On top of this longstanding trend of harsh- to hold individuals beyond their court-ap- deserve and affirm local law enforcement of- er criminal prosecution for illegal reentry— pointed sentences violate due process and ficer’s efforts to build trust with their com- the sponsors of H.R. 3004 would seek to ex- have been found unconstitutional by federal munities. pand the category of individuals subject to courts. This bill would raise profound con- Mr. MCGOVERN. Again, Mr. Speaker, illegal reentry prosecution to include people stitutional concerns by prohibiting localities our objection is that Washington who surrender themselves at the southern from declining to comply with ICE detainer doesn’t always know best. We ought to requests even when such compliance would border to seek protection in the U.S. The bill trust our local law enforcement offi- would also expand sentencing enhancements violate federal court orders and the U.S. for illegal reentry, and would prosecute peo- Constitution. Local police that refuse ICE cials, our local police as to what is ef- ple for illegal reentry even if their previous detainer requests see an increase in public fective in terms of protecting the citi- removal orders were unlawful or deprived safety due to improved trust from the com- zens of our community. them of the opportunity to seek protection. munity. It is precisely this trust that en- To introduce legislation that would For example, the bill would criminalize asy- ables community members to report dan- essentially punish our local police for lum seekers who return to the U.S. after gerous situations without the fear of being doing what they think is in the best in- being previously denied the opportunity to deported or separated from their families. terest of their communities, this bill present their claims for protection. When local police comply with ICE detainer should be renamed ‘‘punish our local While all sovereign states have a legiti- requests, more crimes go unreported because mate interest in regulating entry into their victims and witnesses are afraid of being de- police,’’ because that is what it does. territories, they can only do so within the ported if they contact the police. This bill I can’t believe that we are going limits of their obligations under inter- would also undermine local criminal pros- down this road. Maybe it is a nice national law. The U.S. government has an ecutions by allowing the Department of sound bite, maybe it is a nice press re- obligation under international human rights Homeland Security (DHS) to ignore state or lease, maybe it fits in with the Trump law to ensure that its laws, policies, and local criminal warrants and refuse to trans- campaign rhetoric on immigrants and practices do not place immigrants at an in- fer individuals to state or local custody in immigration; but this is just a lousy creased risk of human rights abuses. Specifi- certain circumstances. This bill would re- idea. And I think if we did hearings on cally, individuals have a right to seek asy- duce community safety by preventing state this bill, if we actually spent some lum from persecution and protection from and local jurisdictions from holding people refoulement, and prosecuting asylum seekers accountable. time being thoughtful about this issue, prior to adjudication of their asylum appli- The United States already spends more my colleagues would come to that con- cations violates U.S. obligations under the than $18 billion on immigration enforcement clusion. Refugee Convention. Similarly the Conven- per year, more than all other federal law en- Again, I would say that what we tion Against Torture prohibits a State from forcement agencies combined. H.R. 3004, should be talking about is fixing our

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.030 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5256 CONGRESSIONAL RECORD — HOUSE June 28, 2017 broken immigration system. We need gration policy. We let a million legal The senseless and tragic 2015 killing of comprehensive immigration reform. immigrants into our country every Kathryn Steinle in San Francisco has re- The Senate, in a bipartisan way, year, and that is more than the rest of newed the debate over so-called ‘‘sanctuary stepped up to the plate and did it. It is the world combined. We can be proud of cities.’’ Yet the term suggests, incorrectly, that. that certain states and municipalities are re- about time Members of this House have fusing to work with federal immigration en- the guts to bring a comprehensive im- But, at the same time, we have to forcement authorities. The truth is that migration reform bill to the floor and make sure that our people are pro- state and local law enforcement agencies fix our broken immigration system. tected, that they don’t lose their jobs, (‘‘LEAs’’) throughout the country already Mr. Speaker, I reserve the balance of or they don’t have to accept less aid in the identification of individuals who my time. money for the same work because you are subject to immigration enforcement ac- Mr. COLLINS of Georgia. Mr. Speak- have got somebody here who will work tion through the sharing of fingerprints of er, I yield 2 minutes to the gentleman for nothing. those who are taken into custody. LEAs with limited detainer policies have determined, from California (Mr. ROHRABACHER). We want to make sure when they Mr. ROHRABACHER. Mr. Speaker, I need their healthcare, they get their however, that they cannot continue to de- tain individuals for immigration enforce- rise in support of H.R. 3003. This is a healthcare. That will bankrupt our sys- tem. Are we going to have a sanctuary ment purposes, under the Fourth Amend- very positive first step toward coming ment and pursuant to numerous court rul- to grips with an issue that has divided healthcare system, too, so anybody in ings, unless DHS obtains a judicial warrant, this country because it is causing great the world can come here and use up our as all other law enforcement agencies are re- damage to so many Americans. scarce health dollars? quired to do. What we are talking about is not im- No, it is time for us to strike a blow H.R. 3003 would not address the Fourth migrant hysteria. That type of mixing for the protection of Americans and Amendment concerns raised by the use of legal immigrants with illegal immi- legal immigrants of every race and re- DHS detainers. Instead, it would leave many ligion and ethnic background, not to state and municipal governments in an un- grants, that is the true racism because tenable position: either they must disregard it hurts those people who have come show these things. Immigrant hysteria; shame, shame, shame. their constitutional responsibilities and here legally. Now, what we have got erode the trust they have built between the Mr. MCGOVERN. Mr. Speaker, I yield here are legal immigrants who are police and the communities they serve, or being cast into the same pot as illegals, myself such time as I may consume. they will face the loss of vital federal law en- I include in the RECORD a letter to with the opposition to this bill. forcement funding that helps them fight People who are here legally under- every Member of Congress from The crime in their jurisdictions. Congress should stand that we need protection for peo- Leadership Conference on Civil and not force such an arbitrary and unwise ple who are here in this country Human Rights in opposition to this choice on cities. bill; a letter to all of us from the ACLU H.R. 3004, the other immigration-related against, especially, criminals who in opposition to this bill; a letter to bill expected to come to the House floor this come from overseas and illegal aliens every Member of Congress from the Na- week, would significantly increase sentences who are criminals, at that. tional Task Force to End Sexual & Do- for previously-removed individuals who reen- Working Americans of every race, re- ter the country. While the bill is an improve- ligion, and ethnic group have seen that mestic Violence that is in opposition to ment over other bills by the same name, in their families are less secure, and they this bill; as well as a letter to Members that it does not include mandatory min- are even sometimes being murdered by of Congress from the United States imum sentencing provisions, it would still Conference of Catholic Bishops and the insane lack of action on the part of lead to a likely increase in the federal prison Catholic Charities USA in opposition population without any tangible benefits. our government to protect our citizens. to this bill; and a letter from NET- The Department of Justice’s ‘‘Operation Our number one responsibility is to Streamline’’ program, upon which this bill make sure our own people, legal immi- WORK, which is a lobby for Catholic social justice in opposition to this bill. would build, has already shown that in- grants, and all Americans of every creased criminal prosecutions do little but race, creed, and color are protected. THE LEADERSHIP CONFERENCE waste resources while failing to deter unau- And what do they see? ON CIVIL AND HUMAN RIGHTS, thorized border crossings. It should be ended, This massive flood of illegals coming Washington, DC, June 27, 2017. not expanded. into our country, taking jobs, bidding OPPOSE THE ‘‘NO SANCTUARY FOR CRIMINALS For these reasons, I urge you to vote down wages, lowering the education ACT’’ (H.R. 3003) AND ‘‘KATE’S LAW’’ (H.R. 3004) against H.R. 3003 and H.R. 3004. standards and the healthcare that most DEAR REPRESENTATIVE: On behalf of The Sincerely, Leadership Conference on Civil and Human VANITA GUPTA, Americans rely upon. Rights, a coalition of more than 200 national President & CEO. b 1315 advocacy organizations, I urge you to oppose H.R. 3003, the ‘‘No Sanctuary for Criminals No wonder the American people want AMERICAN CIVIL LIBERTIES UNION, Act,’’ and H.R. 3004, ‘‘Kate’s Law.’’ These two Washington, DC, June 27, 2017. action. But then, when they are faced bills may sound ‘‘tough,’’ but they would ul- Re ACLU Opposes H.R. 3003 (No Sanctuary with a city saying even criminals who timately make the problems with our na- for Criminals Act) and H.R. 3004 (Kate’s have committed acts of aggression, tional immigration system even worse than Law). murder, et cetera, upon our citizens, they already are. Hon. PAUL D. RYAN, that we are going to let them just stay, H.R. 3003 would unnecessarily and unwisely Speaker, House of Representatives, penalize states and municipalities that are and that there is going to be a block. Washington, DC. attempting to strike the delicate balance be- Hon. NANCY PELOSI, Whose side are you on is what this tween cooperating with federal immigration amendment is all about. Are we on the Minority Leader, House of Representatives, authorities, on one hand, and respecting the Washington, DC. side of the American people? Are we on constraints imposed on them by the U.S. DEAR SPEAKER RYAN AND MINORITY LEADER the side of those victims who work Constitution, on the other. At the same PELOSI: On behalf of the American Civil Lib- hard every day and try to raise their time, it would do nothing to address the con- erties Union (‘‘ACLU’’), we submit this letter families; or are we on the side of a mas- stitutional concerns raised by the use of im- to the House of Representatives to express sive flow of people, many of whom, and migration ‘‘detainer’’ requests, concerns our strong opposition to H.R. 3003, the No that the Department of Homeland Security most of whom, are good people? Sanctuary for Criminals Act, and H.R. 3004, (DHS) itself has recognized in the past. Kate’s Law. The SPEAKER pro tempore. The Among its provisions, H.R. 3003 would time of the gentleman has expired. eliminate various federal law enforcement NO SANCTUARY FOR CRIMINALS ACT (H.R. 3003) Mr. COLLINS of Georgia. I yield the grants to states and municipalities, such as H.R. 3003 conflicts with the principles of gentleman an additional 1 minute. the ‘‘Cops on the Beat’’ program, unless ju- the Fourth Amendment. Mr. ROHRABACHER. Most of the risdictions comply with all DHS detainer re- H.R. 3003 defies the Fourth Amendment by people who come here, most of the peo- quests. It aims to overturn local policies amending 8 USC Section 1373 of the Immigra- ple flooding here, even the illegals, are adopted by over 300 jurisdictions across the tion and Nationality Act (‘‘INA’’) to force lo- calities to comply with unlawful detainer re- basically wonderful people. But that country that have determined, as a matter of constitutional law and sound public policy, quests or risk losing federal funding. This is doesn’t mean that we can bring in including community policing efforts, that despite the fact that an ‘‘increasing number more than that, 1 million— they cannot hold individuals beyond their re- of federal court decisions’’ have held that By the way, we need to understand, lease dates solely on the basis of a DHS de- ‘‘detainer-based detention by state and local don’t condemn America on its immi- tainer request. law enforcement agencies violates the

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.034 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5257 Fourth Amendment,’’ as recognized by should end the use of DHS’s unconstitutional threaten the civil and human rights of our former Department of Homeland Security detainer requests. immigrant communities, undercut law en- Secretary Jeh Johnson in 2014. H.R. 3003 violates the Due Process Clause forcement’s ability to keep our communities Disturbingly, H.R. 3003 seeks to penalize by allowing DHS to detain people indefi- safe, and would balloon our federal prison the 600+ localities that abide by the Fourth nitely without a bond hearing. population by financing private prison cor- Amendment. These jurisdictions have recog- Section 4 of H.R. 3003 radically expands our porations. Rather than taking a punitive ap- nized that by entangling local authorities immigration detention system by amending proach to local law enforcement agencies and federal immigration enforcement, immi- Section 236(c) of the INA to authorize man- that are working hard to balance their du- gration detainers erode trust between immi- datory detention ‘‘without time limitation.’’ ties to uphold the Constitution and to keep grant communities and local law enforce- This empowers DHS to detain countless im- their communities safe, Congress should end ment. In this way, immigration detainers ul- migrants for as long as it takes to conclude DHS’s unconstitutional detainer practices or timately undermine public safety, as entire removal proceedings—even if that takes fix the constitutional deficiencies by requir- communities become wary of seeking assist- years—without the basic due process of a ing judicial warrants for all detainer re- ance from police and other government au- bond hearing to determine if their imprison- quests. Congress should also repeal manda- thorities that are supposed to provide help in ment is even justified. This is a clear con- tory detention so that all immigrants re- times of need. Thus, by forcing jurisdictions stitutional violation, as the federal courts ceive the basic due process of a bond hearing to comply with unlawful detainer requests, have overwhelmingly held that jailing immi- and reject any attempt to unfairly imprison H.R. 3003 will only make communities less grants for months and years without bond individuals who are not a threat to public safe, not more. hearings raises serious problems under the safety. H.R. 3003 would also amend Section 287 of Due Process Clause. For more information, please contact the INA to allow the Department of Home- Although the bill claims to provide for the ACLU Director of Immigration Policy and land Security (‘‘DHS’) to take custody of a ‘‘detention of criminal aliens,’’ it massively Campaigns. person being held under a detainer within 48 expands mandatory detention to people with Sincerely, hours (excluding weekends and holidays) no criminal record whatsoever, including im- FAIZ SHAKIR, ‘‘but in no instance more than 96 hours’’ fol- migrants who lack legal papers or who over- National Political Di- lowing the date that the individual would stay a tourist visa. The ‘‘lock ‘em up’’ ap- rector. otherwise be released from criminal custody. proach to immigration enforcement is cruel, LORELLA PRAELI, This, again, raises serious Fourth Amend- irrational, and unconstitutional. The Su- Director of Immigra- ment concerns, as the Supreme Court has preme Court has permitted brief periods of tion Policy and stated that the Constitution requires a judi- mandatory detention only in cases where in- Campaigns. cial finding of probable cause within 48 hours dividuals are charged with deportation based of arrest. This provision would disregard the on certain criminal convictions. The Court NATIONAL TASK FORCE TO END Court’s ruling entirely and allow a local law has not endorsed the mandatory lock-up of SEXUAL AND DOMESTIC VIOLENCE, enforcement agency to hold a person for up people who have never committed a crime. June 27, 2017. to 7 days before requiring DHS interven- KATE’S LAW (H.R. 3004) The National Taskforce to End Sexual and tion—and never requiring the person be H.R. 3004 is piecemeal immigration en- Domestic Violence (NTF), comprised of na- brought before a judge for a probable cause forcement that expands America’s federal tional leadership organizations advocating hearing. prison population and lines the coffers of pri- on behalf of sexual assault and domestic vio- Protection against unreasonable detention vate prison companies. lence victims and representing hundreds of by the government is the bedrock of the Con- Increasing the maximum sentences for ille- organizations across the country dedicated stitution’s Fourth Amendment, which pro- gal reentrants is unnecessary, wasteful, and to ensuring all survivors of violence receive vides that the government cannot hold any- inhumane. H.R. 3004 envisions a federal the protections they deserve, write to ex- one in jail without getting a warrant or ap- criminal justice system that prosecutes asy- press our deep concerns about the impact proval from a neutral magistrate. This con- lum-seekers, persons providing humani- that H.R. 3003, the ‘‘No Sanctuary for Crimi- stitutional protection applies to everyone in tarian assistance to migrants in distress, and nals Act,’’ and H.R. 3004, or ‘‘Kate’s Law,’’ the United States—citizen and immigrant parents who pose no threat to public safety will have on victims fleeing or recovering alike. in returning to the U.S. to reunite with chil- from sexual assault, domestic violence, or Immigration detainers, however, do not dren who need their care (individuals with human trafficking, and on communities at abide by these standards. Detainers are one children in the United States are 50 percent large. of the key tools that DHS uses to apprehend of those convicted of illegal reentry). This year is the twenty-third anniversary individuals who come in contact with local Current law already imposes a sentence of of the bipartisan Violence Against Women and state law enforcement agencies. An im- up to 20 years on anyone convicted of ille- Act (‘‘VAWA’’) which has, since it was first migration detainer is a written request from gally reentering the country who has com- enacted, included critical protections for im- DHS to that local law enforcement agency, mitted an aggravated felony. U.S. Attorneys’ migrant victims of domestic and sexual vio- requesting that they detain an individual for Offices aggressively enforce these provisions. lence. H.R. 3003 and H.R. 3004 will have the an additional 48 hours after the person’s re- According to the U.S. Sentencing Commis- effect of punishing immigrant survivors and lease date, in order to allow immigration sion, immigration prosecutions account for their children and pushing them into the agents extra time to decide whether to take 52 percent of all federal prosecutions—sur- shadows and into danger, undermining the that person into custody for deportation pur- passing drugs, weapons, fraud and thousands very purpose of VAWA. Specifically, the na- poses. of other crimes. Nearly 99 percent of illegal tion’s leading national organizations that DHS’ use of detainers to imprison people reentry defendants are sentenced to federal address domestic and sexual assault oppose without due process, without any charges prison time. H.R. 3003 and H.R. 3004 because: pending, and without probable cause of a H.R. 3004 would drastically expand Amer- Community trust policies are critical tools criminal violation flies in the face of our ica’s prison population of nonviolent pris- for increasing community safety. Laws that Fourth Amendment protections. Policies oners at a time when there is bipartisan sup- seek to intertwine the federal immigration that allow DHS to detain people at-will are port to reduce the federal prison population. and local law enforcement systems will un- ripe for civil and human rights violations It offends due process by cutting off all col- dermine the Congressional purpose of protec- and have resulted in widespread wrongful de- lateral attacks on unjust prior deportation tions enacted under VAWA and will have the tentions, including detentions of U.S. citi- orders, despite the Supreme Court’s contrary chilling effect of pushing immigrant victims zens. That is why many of the 600+ localities ruling in United States v. Mendoza-Lopez. into the shadows and undermining public targeted by H.R. 3003 have decided not to Profiteering by private prison companies has safety. Immigration enforcement must be execute a DHS immigration detainer request been the main consequence of border-cross- implemented in a way that supports local unless it is accompanied by additional evi- ing prosecutions, which the Government Ac- community policing and sustains commu- dence, a determination of probable cause, or countability Office and the DHS Office of In- nity trust in working with local law enforce- a judicial warrant. spector General have criticized as lacking ment. H.R. 3003 runs contrary to community Unfortunately, H.R. 3003 does nothing to sound deterrent support. policing efforts and will deter immigrant do- address the fundamental constitutional prob- H.R. 3004 is an integral part of this admin- mestic violence and sexual assault survivors lems plaguing DHS’s use of immigration de- istration’s mass deportation and mass incar- not only from reporting crimes, but also tainers. Rather than fix the constitutional ceration agenda. Longer sentences for illegal from seeking help for themselves and their problems by requiring a judicial warrant, the reentry are not recommended by any in- children. While H.R. 3003 does not require bill perpetuates the unconstitutional de- formed federal criminal-justice stakeholders; that local law enforcement arrest or report tainer practices and forces the federal gov- rather they represent this administration’s immigrant victims or witnesses of criminal ernment to absorb legal liability for the con- anti-immigrant obsession and would expen- activity, the language in the bill provides no stitutional violations which will inevitably sively expand substandard private jail con- restriction prohibiting such practices. result. This is irresponsible lawmaking. In- tracting despite the life-threatening condi- Perpetrators use fear of deportation as tool stead of saddling taxpayers with the liability tions in these facilities. of abuse. Local policies that minimize the the federal government will incur from In conclusion, H.R. 3003 and H.R. 3004 are intertwining of local law enforcement with Fourth Amendment violations, Congress fraught with constitutional problems that U.S. Immigration and Customs Enforcement

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.020 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5258 CONGRESSIONAL RECORD — HOUSE June 28, 2017 (ICE) help protect the most vulnerable vic- sic rape kit analysis. Withholding federal On behalf of the courageous survivors of tims by creating trust between law enforce- law enforcement funding would, ironically, domestic violence, sexual assault, dating vi- ment and the immigrant community, which undermine the ability of local jurisdictions olence, stalking and human trafficking that in turn help protect entire communities. to combat and prevent crime in their com- our organizations serve, we urge you to vote Abusers and traffickers use the fear of depor- munities. against HR 3003 and 3004, and to affirm the tation of their victims as a tool to silence In addition, the fiscal impact of both H.R. intent and spirit of VAWA by supporting and trap them. If immigrants are afraid to 3003 and H.R. 3004 will result in limited fed- strong relationships between law enforce- call the police because of fear of deportation, eral law enforcement resources being further ment and immigrant communities, which is they become more vulnerable to abuse and reduced as a result of shifting funding from critical for public safety in general, and par- exploitation. Not only are the individual vic- enforcing federal criminal laws addressing ticularly essential for domestic and sexual tims and their children harmed, but their violent crimes, including those protecting violence victims and their children. fear of law enforcement leads many to ab- victims of domestic violence, sexual assault, Sincerely, stain from reporting violent perpetrators or and human trafficking, to the detention and THE NATIONAL TASKFORCE TO END SEXUAL seeking protection and, as a result, dan- prosecution of many non-violent immigra- AND DOMESTIC VIOLENCE (www.4vawa.org). gerous criminals are not identified and go tion law violaters. unpunished. H.R. 3003 and H.R. 3004 Will Unfairly Pun- JUNE 26, 2017. As VAWA recognizes, immigrant victims of ish Victims. DEAR REPRESENTATIVE: We write on behalf violent crimes often do not contact law en- By greatly expanding mandatory detention of the Committee on Migration of the U.S. forcement due to fear that they will be de- and expanding criminal penalties for re- Conference of Catholic Bishops (USCCB/ ported. Immigrants are already afraid of con- entry, H.R. 3003 and H.R.3004 will have harsh COM), and Catholic Charities USA (CCUSA) tacting the police and HR 3003 proposes to consequences for immigrant survivors. Vic- to express our opposition to H.R. 3003 and further intertwine federal immigration and tims of human trafficking, sexual assault, H.R. 3004. local law enforcement systems will only ex- and domestic violence are often at risk of The Catholic Church holds a strong inter- acerbate this fear. The result is that per- being arrested and convicted. In recognition est in the welfare of migrants and how our petrators will be able to continue to harm of this fact, existing ICE guidance cites the nation welcomes and treats them. Our par- others, both immigrant and U.S. Citizen vic- example of when police respond to a domes- ishes include those with and without immi- tims alike. Since January of 2017, victim ad- tic violence call, both parties may be ar- gration status, unfortunately some who have vocates have been describing the immense rested or a survivor who acted in self-defense witnessed or been victims of crime in the fear expressed by immigrant victims and may be wrongly accused. In addition, if the United States, including domestic violence, their reluctance to reach out for help from abuser speaks English better than the sur- armed robbery, and assault. We understand police. A recent survey of over 700 advocates vivor, or if other language or cultural bar- the importance of fostering cooperation and and attorneys at domestic violence and sex- riers (or fear of retaliation from the abuser) information-sharing between immigrant ual assault programs indicate that immi- prevent the survivor from fully disclosing communities and local law enforcement. We oppose H.R. 3003 because it would im- grant victims are expressing heightened the abuse suffered, a survivor faces charges pose obligations on local governments that fears and concerns about immigration en- and tremendous pressure to plead guilty we fear—and that many of them have forcement, with 78% of advocates and attor- (without being advised about the long-term warned—would undermine authority and dis- neys reporting that victims are describing consequences) in order to be released from cretion of local law enforcement. This, in fear of contacting the police; 75% of them re- jail and reunited with her children. In addi- turn, would hamper the ability of local law porting that victims are afraid of going to tion, victims of trafficking are often ar- enforcement officials to apprehend criminals court; and 43% reporting working with immi- rested and convicted for prostitution-related and ensure public safety in all communities. grant victims who are choosing not to move offenses. These victims are often desperate to be released and possibly to be reunited Furthermore, Section 2 of H.R. 3003 would forward with criminal charges or obtaining deny to jurisdictions vital federal funding re- with their children following their arrests or protective orders. lated to law enforcement, terrorism, na- pending trial. These factors—combined with In addition, according to Los Angeles Po- tional security, immigration, and natu- poor legal counsel, particularly about the lice Chief Charlie Beck, reporting of sexual ralization if those jurisdictions are deemed immigration consequences of criminal pleas assault and domestic violence among to be non-compliant with H.R. 3003. The and convictions—have in the past and will Latinos has dropped significantly this year, Catholic service network, including Catholic likely continue to lead to deportation of possibly due to concerns that police inter- Charities, works in partnership with the fed- wrongly accused victims who may have pled action could result in deportation. According eral government on a number of Department to or been unfairly convicted of domestic vi- to Chief Beck, reports of sexual assault have of Justice and Department of Homeland Se- olence charges and/or prostitution. H.R. 3003 dropped 25 percent among Los Angeles’ curity initiatives, including disaster re- Latino population since the beginning of the imposes harsh criminal penalties and H.R. sponse and recovery, naturalization and citi- year compared to a three percent drop 3009 imposes expanded bases for detention zenship services, and services for the immi- among non-Latino victims. Similarly, re- without consideration of mitigating cir- grant, including victims of human traf- ports of spousal abuse among Latinos fell by cumstances or humanitarian exceptions for ficking, and domestic violence. These serv- about 10 percent among Latinos whereas the these victims. ices are incredibly valuable to the protection In addition, HR. 3004 expands the criminal decline among non-Latinos was four percent. and promotion of the human person and in consequences for re-entry in the U.S. with- The Houston Police Department reported in some instances life-saving. Cutting grants out recognizing the compelling humani- April that the number of Hispanics reporting related to these important national objec- rape is down 42.8 percent from last year. In tarian circumstances in which victims who tives, or threat of such cuts, is not humane Denver, CO, the Denver City Attorney has have been previously removed return for or just, nor is it in our national interest. reported that some domestic violence vic- their safety. Victims of domestic and sexual Also, we oppose H.R. 3004 as it would lead tims are declining to testify in court. As of violence and trafficking fleeing violence in to an expansion of incarceration and does late February, the City Attorney’s Office had their countries of origin will be penalized for not include adequate protections for people dropped four cases because the victims fear seeking protection from harm. In recent who re-enter the U.S. for humanitarian rea- that ICE officers will arrest and deport years, women and children fleeing rampant sons or seek protection at the border. While them. Both the City Attorney and Aurora violence in El Salvador, Guatemala and Hon- H.R. 3004 makes notable efforts to protect us Police Chief have spoken on the importance duras, have fled to the United States, seek- from those convicted of violent criminal of- of having trust with the immigrant commu- ing refuge. Frequently, because of inad- fenses, the legislation goes far beyond this nity in order to maintain public safety and equate access to legal representation, they goal by expanding the government’s ability prosecute crime. are unable to establish their eligibility for to prosecute illegal re-entry cases and HR 3003 Will Unfairly Punish Entire Com- legal protections in the United States, re- heightening the criminal penalties in these munities. sulting in their removal. In many cases, the cases. In an era of fiscal austerity, it is vital H.R. 3003 punishes localities that follow risk of domestic violence, sexual assault, that important judicial resources are effi- Constitutional guidelines and refuse to and/or human trafficking in their countries ciently utilized to prosecute and convict the honor detainer requests that are not sup- of origin remain unabated and victims subse- most violent offenders of violent crimes. Ex- ported by due process mandates. H.R. 3003 quently attempt to reenter the U.S. to pro- panding who is eligible to be prosecuted for likely covers more than 600 jurisdictions tect themselves and their children. Other entry or re-entry as well as enhancing sen- across the country, most of which do not victims of domestic and sexual violence and tencing requirements does not advance the characterize their policies to follow con- trafficking may be deported because their common good nor will it ensure that commu- stitutional mandates as ‘‘sanctuary’’ poli- abusers or traffickers isolate them, or pre- nities are safer. Furthermore, we are con- cies. H.R. 3003 penalizes jurisdictions by vent them from obtaining lawful immigra- cerned that, as introduced, H.R. 3004 would eliminating their access to various federal tion status. They are deported, with some also prevent vulnerable asylum seekers and grants, including federal law enforcement victims having to leave their children behind unaccompanied children, (who have pre- grants, such as the Edward Byrne Memorial in the custody of their abusers or traffickers. sented themselves repeatedly at the U.S. Justice Assistance Grant Program, and other Under H.R. 3004, these victims risk harsh border in the flight from violence), from federal grants related to law enforcement or criminal penalties for re-entry for attempt- being able to access protection, and instead immigration, such as those that fund foren- ing to protect themselves and their children. face fines, imprisonment or both.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.016 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5259 We respectfully urge you to reject these love our neighbor and welcome the stranger If you paid attention to your local bills in favor of a more comprehensive and in our midst. Any action that further milita- police, you would know why it is so humane approach to immigration reform; an rizes our borders, criminalizes assistance to damaging to turn them in to ICE, be- approach that upholds human dignity and immigrant communities, or weakens legal cause they rely on these community family unity and places a greater emphasis protection of refugees is neither just nor on balancing the needs and rights of immi- compatible with the values that we, as members to inform them of criminal grants with our nation’s best interests and Americans, strive to uphold. activities in their community. The po- security. Sincerely, lice don’t want to do what you are ask- The United States has a long and proud SR. SIMONE CAMPBELL, SSS, ing them to do. Why would you force history of leadership in welcoming new- Executive Director, this on them? And why would you pun- comers regardless of their circumstances and NETWORK Lobby for Catholic Social Justice. ish them by taking away essential Fed- promoting the common good. We stand ready to work with you on legislation that more Mr. MCGOVERN. Mr. Speaker, I, eral funding to help them protect the closely adheres to this tradition and appre- again, would simply say that if we real- citizens of this country? ciate your serious consideration of our views ly want to do something about immi- This is a bad idea. I guess, maybe it in this regard. gration, we ought to come together, is a good press release. Maybe Steve Sincerely, like the Senate did not long ago, and Bannon thinks it is a good idea. Maybe MOST REV. JOE VA´ SQUEZ, pass comprehensive immigration re- it is a good sound bite for Trump. Who Bishop of Austin, form. But, apparently, that is not in knows what the rationale behind this Chairman, USCCB the DNA of the current leadership of is. But it is not sensible. It is not Committee on Migra- tion. this House. thoughtful. SR. DONNA MARKHAM, OP, Instead, we have bills that dema- So if you want to get serious about PHD, gogue the immigration issue, that de- these issues, you know, come together, President & CEO, mean immigrants, that cause hysteria, like the Senate did, in a bipartisan Catholic Charities and I find that very unfortunate. way, and come up with comprehensive USA. This bill is a bad idea. It falls in the immigration reform. That is our duty. same category as that other bad, stu- That is our job, as Members of Con- JUNE 27, 2017. pid idea of building a wall across our gress, not this garbage. This is a waste DEAR REPRESENTATIVE MCGOVERN: NET- WORK Lobby for Catholic Social Justice country. of time. This is an insult to the Amer- stands in strong opposition to the ‘‘No Sanc- What we ought to be doing is serious ican people. We ought to be able to do tuary for Criminals Act’’ (H.R. 3003) and legislating, enough demagoguing, and better. ‘‘Kate’s Law’’ (H.R. 3004) to be considered let’s get back to doing the people’s So, Mr. Speaker, I urge my col- this week by the House of Representatives. business, and that includes comprehen- leagues to reject this. I urge them to We urge Congress to reject these bills. In a sive immigration reform. defeat the previous question so we can country that prides itself on being the land Mr. Speaker, as I said, we need to fix have a debate and vote on whether or of welcome and opportunity, we must ensure our immigration laws. When a mother that our immigration laws reflect our shared not to increase the minimum wage to values. in the Philippines has to wait 25 years $15 to give people a raise. Again, we As Congress continues to delay comprehen- or more for a visa to reunite with her have to do that because this House is sive immigration reform and a permanent son in the United States, is that sys- being so tightly controlled that you solution for the nation’s 11 million undocu- tem working? No. can’t get anything to the floor. mented immigrants, we are left with the sta- To lose the entire childhood and I would remind my colleagues that tus quo—an enforcement-only approach that young adulthood of your son? What the underlying bill that we are talking tears apart families and keeps people in the mother wouldn’t try to enter the about here today on immigration is shadows. Despite the gridlock in Congress, United States some other way, in fact, localities across the country still have the under a closed rule. We will have an- responsibility to uphold safety and peace in any way that she could in order to be other closed rule tomorrow. So much their communities. To fulfill this goal, local with her child? for democracy. So much for delibera- police and residents have fostered mutual When your daughter is threatened tive process. So much for openness. trust to root out crime and promote public with rape and murder if she doesn’t be- There is no such thing here. I mean, safety, encouraging community members to come a sexual slave to gang members; the Rules Committee has become a cooperate with local authorities. The ‘‘No when your son and the entire family is place where democracy goes to die, Sanctuary for Criminals Act’’ (H.R. 3003) threatened with death if the boy where everything gets shut down. does nothing to promote public safety and doesn’t join the gangs, wouldn’t you instead will make communities more dan- We need to do better. This process gerous while striking fear in the hearts of run away and try to find safety some- stinks, and this bill is lousy. I urge my our immigrant families. place else? colleagues to vote ‘‘no’’ on the previous Likewise, ‘‘Kate’s Law’’ (H.R. 3004) would And when the family arrives at the question, vote ‘‘no’’ on the rule, and if criminalize immigrants who simply want an U.S. border and they actively seek out it gets to the point we have to debate opportunity to succeed in the United States, the U.S. Border Patrol and voluntarily this, vote ‘‘no’’ on the underlying bill. and often are simply trying to be reunited surrender to them and ask for safe ref- Mr. Speaker, I yield back the balance with their family. Punishing immigrants for uge and asylum, is that really entering of my time. wanting to provide for their families with our borders illegally? fines and imprisonment is harsh and cruel— Mr. COLLINS of Georgia. Mr. Speak- we, as a nation, are called to be better than You know, when you have been an er, I yield myself such time as I may that. Again, we ask Congress to abandon the upstanding member of the community consume. ‘‘enforcement first’’ policies that have been for 10, 15, 20 years or more in the Mr. Speaker, I do believe that in just the de facto U.S. strategy for nearly thirty United States, and you get pulled over a little bit we will be debating this bill. years, yielding too many costs and too few because the tags have expired on your I do believe in just a short time it will results. Our antiquated system that does not car, or your license, do you really de- pass. accommodate the migration realities we face serve to be deported, to tear apart your I think what was very interesting, in our nation today does not serve our na- family, to leave behind the businesses Mr. Speaker, is the frustrations of my tional interests and does not respect the basic human rights of migrants who come to that you have spent a lifetime cre- friend, and I believe they are true frus- this nation fleeing persecution or in search ating? trations, and the stories of folks com- of employment for themselves and better liv- And does anyone in this Chamber ing from terrible places around the ing conditions for their children. honestly think that if this father or world wanting to get here. We are the Pope Francis cautions that ‘‘migrants and mother is deported, that they won’t do light on a hill. We are the ones that ev- refugees are not pawns on the chessboard of everything they can to try to come erybody wants to come to. I grant you humanity’’ and he asks political leaders to back to be with their kids? that. create a new system, one that ‘‘calls for I mean, these are real stories. It is But I do have a question. For these international cooperation and a spirit of pro- found solidarity and compassion.’’ This is a not fiction. They are not fantasies. It folks who are leaving disaster, places holy call to embrace hope over fear. Congress is real. And if you listened to people in in which law and order are not en- should recognize the God-given humanity of your community, you would know forced, in which people are dying, and all individuals and uphold our sacred call to these stories. they are striving to get someplace else,

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.017 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5260 CONGRESSIONAL RECORD — HOUSE June 28, 2017 why in the world would we want to get But it also is about priorities, Mr. Mr. Clarence Cannon’s Precedents of the to here to find that we have a situation Speaker. For those of us who have had House of Representatives (VI, 308–311), de- in which local law enforcement can to look at the tragedies left behind as scribes the vote on the previous question on sort of decide what they want to do, a result of some of these decisions that the rule as ‘‘a motion to direct or control the consideration of the subject before the House where law and order is not followed? they have made to ‘‘better’’ their com- being made by the Member in charge.’’ To You are leaving one area to get to an munity, the deaths, the tragedies, then defeat the previous question is to give the area in which what they say is law and it is a pretty interesting choice. Is the opposition a chance to decide the subject be- order is what is needed and what is fol- death more important or less impor- fore the House. Cannon cites the Speaker’s lowed and why they come here, but yet tant than your policy? ruling of January 13, 1920, to the effect that we are saying no. All we are simply saying is: just ‘‘the refusal of the House to sustain the de- I think it has also been, possibly, Mr. don’t take the money. Look at it from mand for the previous question passes the Speaker, a vast mischaracterization to that perspective. control of the resolution to the opposition’’ say that all police are against this. In And we will continue to have these in order to offer an amendment. On March 15, 1909, a member of the majority party of- fact, if we have seen, there was 200 that debates. My friend and I will continue fered a rule resolution. The House defeated was identified earlier, the vast major- to be passionately different on this, the previous question and a member of the ity of police departments in this coun- and that is okay. That is what this opposition rose to a parliamentary inquiry, try uphold the law. So let’s don’t make floor is for because, at the end of the asking who was entitled to recognition. a blanket assessment of police here. day, we are going to have a vote. One Speaker Joseph G. Cannon (R–Illinois) said: I think it is just an interesting devel- side is going to win and one side is ‘‘The previous question having been refused, opment here. I think you can talk going to lose in this vote. And the de- the gentleman from New York, Mr. Fitz- about laws. You can like laws, you can- bate is going to happen, and the bill is gerald, who had asked the gentleman to not like laws, you can do something yield to him for an amendment, is entitled to going to come forward. There will be the first recognition.’’ about immigration. another vote. And then it will go to the The Republican majority may say ‘‘the But I do think we also need to ad- Senate. vote on the previous question is simply a dress something else. It wasn’t a part I disagree with my friend from Mas- vote on whether to proceed to an immediate of this bill, but we wanted to make it sachusetts, respect his opinion, but, in vote on adopting the resolution . . . [and] a part of this bill, and that is com- this case, I believe the debate is fairly has no substantive legislative or policy im- prehensive immigration reform. clear to most Americans. All we are plications whatsoever.’’ But that is not what I do agree with my friend. There asking is, and what the current law al- they have always said. Listen to the Repub- needs to be immigration reform. I lican Leadership Manual on the Legislative ready states, follow the rules. And all Process in the United States House of Rep- think it needs to start with security we are simply saying is, follow the resentatives, (6th edition, page 135). Here’s and safety and protection. It needs to rules. how the Republicans describe the previous start with actually enforcing law, and The material previously referred to question vote in their own manual: ‘‘Al- then begin the foundation of finding a by Mr. MCGOVERN is as follows: though it is generally not possible to amend way to get workers here—our guest AN AMENDMENT TO H. RES. 414 OFFERED BY the rule because the majority Member con- worker program, our ag worker pro- MR. MCGOVERN trolling the time will not yield for the pur- gram, the things that we need to make At the end of the resolution, add the fol- pose of offering an amendment, the same re- our expansion so that we do it prop- lowing new sections: sult may be achieved by voting down the pre- vious question on the rule. . . . When the erly. I agree completely. SEC. 2. Immediately upon adoption of this resolution the Speaker shall, pursuant to motion for the previous question is defeated, But, Mr. Speaker, I do find it has control of the time passes to the Member been amazing here because, just in the clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole who led the opposition to ordering the pre- context of this debate, these were House on the state of the Union for consider- vious question. That Member, because he words that were used: We’re ation of the bill (H.R. 15) to provide for in- then controls the time, may offer an amend- demagoguing this issue. We didn’t have creases in the Federal minimum wage, and ment to the rule, or yield for the purpose of the guts to address this issue. Our DNA for other purposes. All points of order amendment.’’ of leadership is to obstruct or to not against consideration of the bill are waived. In Deschler’s Procedure in the U.S. House General debate shall be confined to the bill of Representatives, the subchapter bring this forward. titled‘‘Amending Special Rules’’ states: ‘‘a Well, I think the one thing that I do and shall not exceed one hour equally di- vided and controlled by the chair and rank- refusal to order the previous question on need to remind is, this body, Mr. such a rule [a special rule reported from the Speaker, if you are very familiar with ing minority member of the Committee on Education and the Workforce. After general Committee on Rules] opens the resolution to this, over the last few weeks, we have debate the bill shall be considered for amendment and further debate.’’ (Chapter 21, been dealing with a very difficult amendment under the five-minute rule. All section 21.2) Section 21.3 continues: ‘‘Upon issue—we passed it out of the House— points of order against provisions in the bill rejection of the motion for the previous that is healthcare, which was passed are waived. At the conclusion of consider- question on a resolution reported from the Committee on Rules, control shifts to the when this body was filled in a majority ation of the bill for amendment the Com- mittee shall rise and report the bill to the Member leading the opposition to the pre- of a different party, my friends across vious question, who may offer a proper the aisle, when they had, at times, fili- House with such amendments as may have been adopted. The previous question shall be amendment or motion and who controls the buster-proof majorities. considered as ordered on the bill and amend- time for debate thereon.’’ Clearly, the vote on the previous question They worked to pass healthcare. ments thereto to final passage without inter- on a rule does have substantive policy impli- They worked to pass Dodd-Frank. They vening motion except one motion to recom- cations. It is one of the only available tools worked to pass their priorities. mit with or without instructions. If the for those who oppose the Republican major- My interesting question is, they did Committee of the Whole rises and reports ity’s agenda and allows those with alter- that it has come to no resolution on the bill, not work to pass comprehensive immi- native views the opportunity to offer an al- then on the next legislative day the House gration reform. I am not sure why now ternative plan. shall, immediately after the third daily we decide that it is such their issue Mr. COLLINS of Georgia. Mr. Speak- that they are now blaming us, many of order of business under clause 1 of rule XIV, resolve into the Committee of the Whole for er, I yield back the balance of my time, us who want to find a way forward. further consideration of the bill. and I move the previous question on But I think the answer is plain and SEC. 3. Clause 1(c) of rule XIX shall not the resolution. obvious in history. They chose not to apply to the consideration of H.R. 15. The SPEAKER pro tempore. The do it. I repeat, they chose not to do it. question is on ordering the previous THE VOTE ON THE PREVIOUS QUESTION: WHAT So I think in the discussion of this question. IT REALLY MEANS battle, we will continue these discus- The question was taken; and the sions. We will continue to have dif- This vote, the vote on whether to order the previous question on a special rule, is not Speaker pro tempore announced that ferences of opinion. I think it is sort of the ayes appeared to have it. amazing though that we do have to merely a procedural vote. A vote against or- dering the previous question is a vote Mr. MCGOVERN. Mr. Speaker, on have a discussion here on telling police against the Republican majority agenda and that I demand the yeas and nays. to enforce the law and work out the de- a vote to allow the Democratic minority to The yeas and nays were ordered. tails as we go, work out what is in this offer an alternative plan. It is a vote about The SPEAKER pro tempore. Pursu- bill. what the House should be debating. ant to clause 8 and clause 9 of rule XX,

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.036 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5261 this 15-minute vote on ordering the Beyer Gottheimer O’Halleran [Roll No. 332] Bishop (GA) Green, Al O’Rourke previous question will be followed by 5- Blumenauer Green, Gene Pallone AYES—235 minute votes on: Blunt Rochester Grijalva Panetta Abraham Gohmert Noem Adoption of the resolution, if or- Bonamici Gutie´rrez Pascrell Aderholt Goodlatte Norman dered; and Boyle, Brendan Hanabusa Payne Allen Gosar Nunes F. Hastings Perlmutter Amash Gowdy Olson Agreeing to the Speaker’s approval of Brady (PA) Heck Peters Amodei Granger Palazzo the Journal. Brown (MD) Higgins (NY) Peterson Arrington Graves (GA) Palmer The vote was taken by electronic de- Brownley (CA) Himes Pingree Babin Graves (LA) Paulsen Bustos Hoyer Pocan vice, and there were—yeas 235, nays Bacon Graves (MO) Pearce Butterfield Huffman Polis Banks (IN) Griffith Perry 190, not voting 8, as follows: Capuano Jackson Lee Price (NC) Barletta Grothman Pittenger Carbajal Jayapal Quigley [Roll No. 331] Barr Guthrie Poe (TX) Ca´ rdenas Jeffries Raskin Barton Handel Poliquin YEAS—235 Carson (IN) Johnson (GA) Rice (NY) Bergman Harper Posey Cartwright Johnson, E. B. Richmond Abraham Gohmert Noem Biggs Harris Ratcliffe Castor (FL) Kaptur Rosen Aderholt Goodlatte Norman Bilirakis Hartzler Reed Castro (TX) Keating Roybal-Allard Allen Gosar Nunes Bishop (MI) Hensarling Reichert Chu, Judy Kelly (IL) Ruiz Amash Gowdy Olson Bishop (UT) Herrera Beutler Rice (SC) Cicilline Kennedy Ruppersberger Amodei Granger Palazzo Black Hice, Jody B. Roby Clark (MA) Khanna Rush Arrington Graves (GA) Palmer Blackburn Higgins (LA) Roe (TN) Clarke (NY) Kihuen Ryan (OH) Babin Graves (LA) Paulsen Blum Hill Rogers (AL) Clay Kildee Sa´ nchez Bacon Graves (MO) Pearce Bost Holding Rogers (KY) Cleaver Kilmer Sarbanes Banks (IN) Griffith Perry Brady (TX) Hollingsworth Rohrabacher Clyburn Kind Schakowsky Barletta Grothman Pittenger Brat Hudson Rokita Cohen Krishnamoorthi Schiff Barr Guthrie Poe (TX) Bridenstine Huizenga Rooney, Francis Connolly Kuster (NH) Schneider Barton Handel Poliquin Brooks (AL) Hultgren Rooney, Thomas Conyers Langevin Schrader Bergman Harper Posey Brooks (IN) Hunter J. Cooper Larsen (WA) Scott (VA) Biggs Harris Ratcliffe Buchanan Hurd Ros-Lehtinen Correa Larson (CT) Scott, David Bilirakis Hartzler Reed Buck Issa Roskam Costa Lawrence Serrano Bishop (MI) Hensarling Reichert Bucshon Jenkins (KS) Ross Courtney Lawson (FL) Sewell (AL) Bishop (UT) Herrera Beutler Rice (SC) Budd Jenkins (WV) Rothfus Crist Lee Shea-Porter Black Hice, Jody B. Roby Burgess Johnson (LA) Rouzer Crowley Levin Sherman Blackburn Higgins (LA) Roe (TN) Byrne Johnson (OH) Royce (CA) Cuellar Lewis (GA) Sinema Blum Hill Rogers (AL) Calvert Johnson, Sam Russell Davis (CA) Lieu, Ted Sires Bost Holding Rogers (KY) Carter (GA) Jones Rutherford Davis, Danny Lipinski Slaughter Brady (TX) Hollingsworth Rohrabacher Carter (TX) Jordan Sanford DeFazio Loebsack Smith (WA) Brat Hudson Rokita Chabot Joyce (OH) Schweikert DeGette Lofgren Soto Bridenstine Huizenga Rooney, Francis Chaffetz Katko Scott, Austin Delaney Lowenthal Speier Brooks (AL) Hultgren Rooney, Thomas Cheney Kelly (MS) Sensenbrenner DeLauro Lowey Suozzi Brooks (IN) Hunter J. Coffman Kelly (PA) Sessions DelBene Lujan Grisham, Swalwell (CA) Buchanan Hurd Ros-Lehtinen Cole King (IA) Shimkus Demings M. Takano Buck Issa Roskam Collins (GA) King (NY) Shuster DeSaulnier Luja´ n, Ben Ray Thompson (CA) Bucshon Jenkins (KS) Ross Comer Kinzinger Simpson Deutch Lynch Thompson (MS) Budd Jenkins (WV) Rothfus Comstock Knight Smith (MO) Dingell Maloney, Titus Burgess Johnson (LA) Rouzer Conaway Kustoff (TN) Smith (NE) Doggett Carolyn B. Tonko Byrne Johnson (OH) Royce (CA) Cook Labrador Smith (NJ) Doyle, Michael Maloney, Sean Torres Calvert Johnson, Sam Russell Costello (PA) LaHood Smith (TX) F. Matsui Tsongas Carter (GA) Jones Rutherford Cramer LaMalfa Smucker Ellison McCollum Vargas Carter (TX) Jordan Sanford Crawford Lamborn Stefanik Engel McEachin Veasey Chabot Joyce (OH) Schweikert Culberson Lance Stewart Eshoo McGovern Vela Chaffetz Katko Scott, Austin Curbelo (FL) Latta Taylor Espaillat McNerney Vela´ zquez Cheney Kelly (MS) Sensenbrenner Davidson Lewis (MN) Tenney Esty (CT) Meeks Visclosky Coffman Kelly (PA) Sessions Davis, Rodney LoBiondo Thompson (PA) Evans Meng Walz Cole King (IA) Shimkus Denham Loudermilk Thornberry Foster Moore Wasserman Collins (GA) King (NY) Shuster Dent Love Tiberi Frankel (FL) Moulton Schultz Collins (NY) Kinzinger Simpson DeSantis Lucas Tipton Fudge Murphy (FL) Waters, Maxine Comer Knight Smith (MO) DesJarlais Luetkemeyer Trott Gabbard Nadler Watson Coleman Conaway Kustoff (TN) Smith (NE) Diaz-Balart MacArthur Turner Gallego Neal Welch Cook Labrador Smith (NJ) Donovan Marchant Upton Garamendi Nolan Wilson (FL) Costello (PA) LaHood Smith (TX) Duffy Marino Valadao Gonzalez (TX) Norcross Yarmuth Cramer LaMalfa Smucker Duncan (SC) Marshall Wagner Duncan (TN) Massie Walberg Crawford Lamborn Stefanik NOT VOTING—8 Culberson Lance Stewart Dunn Mast Walden Curbelo (FL) Latta Taylor Comstock Napolitano Scalise Emmer McCarthy Walker Davidson Lewis (MN) Tenney Cummings Pelosi Stivers Estes (KS) McCaul Walorski Davis, Rodney LoBiondo Thompson (PA) Long Renacci Farenthold McClintock Walters, Mimi Denham Loudermilk Thornberry Faso McHenry Weber (TX) Dent Love Tiberi Ferguson McKinley Webster (FL) DeSantis Lucas Tipton b 1349 Fitzpatrick McMorris Wenstrup DesJarlais Luetkemeyer Trott Fleischmann Rodgers Westerman Diaz-Balart MacArthur Turner Mr. TAKANO changed his vote from Flores McSally Williams Donovan Marchant Upton ‘‘yea’’ to ‘‘nay.’’ Fortenberry Meadows Wilson (SC) Duffy Marino Valadao Foxx Meehan Wittman Duncan (SC) Marshall Wagner So the previous question was ordered. Franks (AZ) Messer Womack Duncan (TN) Massie Walberg The result of the vote was announced Frelinghuysen Mitchell Woodall Dunn Mast Walden Gaetz Moolenaar Yoder Emmer McCarthy Walker as above recorded. Gallagher Mooney (WV) Yoho Estes (KS) McCaul Walorski The SPEAKER pro tempore. The Garrett Mullin Young (AK) Farenthold McClintock Walters, Mimi Gianforte Murphy (PA) Young (IA) Faso McHenry Weber (TX) question is on the resolution. Gibbs Newhouse Zeldin Ferguson McKinley Webster (FL) The question was taken; and the NOES—190 Fitzpatrick McMorris Wenstrup Speaker pro tempore announced that Fleischmann Rodgers Westerman Adams Brownley (CA) Cleaver Flores McSally Williams the ayes appeared to have it. Aguilar Bustos Clyburn Fortenberry Meadows Wilson (SC) ´ RECORDED VOTE Barragan Butterfield Cohen Foxx Meehan Wittman Bass Capuano Connolly Franks (AZ) Messer Womack Mr. MCGOVERN. Mr. Speaker, I de- Beatty Carbajal Conyers Frelinghuysen Mitchell Woodall mand a recorded vote. Bera Ca´ rdenas Cooper Gaetz Moolenaar Yoder Beyer Carson (IN) Correa Gallagher Mooney (WV) Yoho A recorded vote was ordered. Bishop (GA) Cartwright Costa Garrett Mullin Young (AK) Blumenauer Castor (FL) Courtney Gianforte Murphy (PA) Young (IA) The SPEAKER pro tempore. This is a Blunt Rochester Castro (TX) Crist Gibbs Newhouse Zeldin 5-minute vote. Bonamici Chu, Judy Crowley The vote was taken by electronic de- Boyle, Brendan Cicilline Cuellar NAYS—190 F. Clark (MA) Davis (CA) Adams Barraga´ n Beatty vice, and there were—ayes 235, noes 190, Brady (PA) Clarke (NY) Davis, Danny Aguilar Bass Bera not voting 8, as follows: Brown (MD) Clay DeFazio

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.039 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5262 CONGRESSIONAL RECORD — HOUSE June 28, 2017 DeGette Krishnamoorthi Price (NC) 183, answered ‘‘present’’ 2, not voting Comer Johnson, E. B. Ratcliffe Delaney Kuster (NH) Quigley 16, as follows: Conaway Jordan Reed DeLauro Langevin Raskin Connolly Joyce (OH) Reichert DelBene Larsen (WA) Rice (NY) [Roll No. 333] Correa Kaptur Rice (NY) Demings Larson (CT) Richmond Costa Keating Richmond DeSaulnier Lawrence Rosen YEAS—232 Costello (PA) Kelly (IL) Rogers (AL) Deutch Lawson (FL) Roybal-Allard Abraham Garrett Murphy (FL) Crist Khanna Ros-Lehtinen Dingell Lee Ruiz Aderholt Gianforte Nadler Crowley Kihuen Rosen Doggett Levin Ruppersberger Allen Goodlatte Newhouse Curbelo (FL) Kilmer Rouzer Doyle, Michael Lewis (GA) Rush Amodei Gosar Noem Davis, Rodney Kind Roybal-Allard F. Lieu, Ted Ryan (OH) Arrington Gottheimer Norman DeFazio Kinzinger Ruiz Ellison Lipinski Sarbanes Bacon Gowdy Nunes Denham Knight Rush Engel Loebsack Schakowsky Banks (IN) Granger O’Rourke DeSantis LaHood Rutherford Eshoo Lofgren Schiff Barletta Green, Al Olson Diaz-Balart Lance Ryan (OH) Espaillat Lowenthal Schneider Barr Griffith Palazzo Dingell Langevin Sa´ nchez Esty (CT) Lowey Schrader Doyle, Michael Larson (CT) Barton Guthrie Panetta Sanford Evans Lujan Grisham, Scott (VA) F. Lawson (FL) Bergman Handel Pascrell Sarbanes Foster M. Scott, David Emmer Lee Biggs Harper Pelosi Schakowsky Frankel (FL) Luja´ n, Ben Ray Serrano Espaillat Levin Bilirakis Harris Perlmutter Schrader Fudge Lynch Sewell (AL) Faso Lewis (GA) Bishop (UT) Hastings Pingree Sewell (AL) Gabbard Maloney, Shea-Porter Black Heck Pocan Fitzpatrick Lieu, Ted Gallego Carolyn B. Sherman Flores LoBiondo Sinema Blackburn Hensarling Polis Sires Garamendi Maloney, Sean Sinema Blumenauer Higgins (LA) Posey Foxx Loebsack Gonzalez (TX) Matsui Sires Franks (AZ) Lofgren Slaughter Blunt Rochester Hill Raskin Smith (MO) Gottheimer McCollum Slaughter Bonamici Himes Roby Fudge Love ´ Soto Green, Al McEachin Smith (WA) Brady (TX) Hollingsworth Roe (TN) Gaetz Lujan, Ben Ray Green, Gene McGovern Soto Gallagher Lynch Swalwell (CA) Brat Huffman Rogers (KY) Tenney Grijalva McNerney Speier Bridenstine Huizenga Rohrabacher Gallego MacArthur ´ Thompson (CA) Gutierrez Meeks Suozzi Brooks (IN) Hultgren Rokita Gibbs Maloney, Sean Hanabusa Meng Swalwell (CA) Gonzalez (TX) Matsui Thompson (MS) Brown (MD) Hunter Rooney, Francis Thompson (PA) Hastings Moore Takano Buchanan Issa Rooney, Thomas Graves (GA) McGovern Heck Moulton Thompson (CA) Graves (LA) McKinley Tiberi Bustos Jeffries J. Tipton Higgins (NY) Murphy (FL) Thompson (MS) Butterfield Johnson (GA) Graves (MO) McSally Ross Turner Himes Nadler Titus Byrne Johnson (LA) Rothfus Green, Gene Moolenaar Upton Hoyer Neal Tonko Calvert Johnson, Sam Royce (CA) Grothman Moore ´ Valadao Huffman Nolan Torres Carter (TX) Katko Ruppersberger Gutierrez Murphy (PA) Vargas Jackson Lee Norcross Tsongas Cartwright Kelly (MS) Russell Hanabusa Neal Veasey Jayapal O’Halleran Vargas Castro (TX) Kelly (PA) Schiff Hartzler Nolan Vela Jeffries O’Rourke Veasey Chabot Kennedy Schneider Herrera Beutler O’Halleran Vela´ zquez Johnson (GA) Pallone Vela Cheney Kildee Schweikert Hice, Jody B. Pallone ´ Visclosky Johnson, E. B. Panetta Velazquez Chu, Judy King (IA) Scott (VA) Higgins (NY) Palmer Walberg Kaptur Pascrell Visclosky Cicilline King (NY) Scott, Austin Holding Paulsen Walden Keating Payne Walz Clay Krishnamoorthi Scott, David Hoyer Payne Watson Coleman Kelly (IL) Pelosi Wasserman Cole Kuster (NH) Sensenbrenner Hudson Pearce Kennedy Perlmutter Schultz Collins (NY) Kustoff (TN) Serrano Hurd Perry Weber (TX) Khanna Peters Waters, Maxine Comstock Labrador Sessions Jackson Lee Peterson Westerman Kihuen Peterson Watson Coleman Conyers LaMalfa Shea-Porter Jayapal Pittenger Wittman Kildee Pingree Welch Cook Lamborn Sherman Jenkins (KS) Poe (TX) Woodall Kilmer Pocan Wilson (FL) Cooper Larsen (WA) Shimkus Jenkins (WV) Poliquin Yoder Kind Polis Yarmuth Courtney Latta Shuster Johnson (OH) Price (NC) Young (AK) NOT VOTING—8 Cramer Lawrence Simpson ANSWERED ‘‘PRESENT’’—2 Crawford Lewis (MN) Smith (NE) Collins (NY) Napolitano Scalise Cuellar Lipinski Smith (NJ) Rice (SC) Tonko Cummings Renacci Stivers Culberson Loudermilk Smith (TX) NOT VOTING—16 Long Sa´ nchez Davidson Lowenthal Smith (WA) Cummings Long Roskam b 1357 Davis (CA) Lowey Smucker Davis, Danny Lucas Speier Delaney Napolitano Scalise So the resolution was agreed to. DeGette Luetkemeyer Stefanik Doggett Norcross Stivers The result of the vote was announced DeLauro Lujan Grisham, Stewart Gohmert Peters Wilson (FL) DelBene M. Suozzi Grijalva Quigley as above recorded. Jones Renacci A motion to reconsider was laid on Demings Maloney, Takano Dent Carolyn B. Taylor b 1404 the table. DeSaulnier Marchant Thornberry Stated against: DesJarlais Marino Titus Ms. SINEMA changed her vote from Ms. SA´ NCHEZ. Mr. Speaker, on rollcall No. Deutch Marshall Torres ‘‘yea’’ to ‘‘nay.’’ Donovan Massie Trott So the Journal was approved. 332, providing for consideration of H.R. 3003, Duffy Mast Tsongas the No Sanctuary for Criminals Act I was un- Duncan (SC) McCarthy Wagner The result of the vote was announced avoidably detained and missed the vote. Had Duncan (TN) McCaul Walker as above recorded. I been present, I would have voted ‘‘no.’’ Dunn McClintock Walorski f Ellison McCollum Walters, Mimi PERSONAL EXPLANATION Engel McEachin Walz COMMUNICATION FROM THE Mrs. NAPOLITANO. Mr. Speaker, I was ab- Eshoo McHenry Wasserman CLERK OF THE HOUSE sent during rollcall votes No. 331 and 332 due Estes (KS) McMorris Schultz to my spouse’s health situation in California. Esty (CT) Rodgers Waters, Maxine The SPEAKER pro tempore (Mr. Evans McNerney Webster (FL) FERGUSON) laid before the House the Had I been present, I would have voted ‘‘nay’’ Farenthold Meadows Welch on the Motion on Ordering the Previous Ques- Ferguson Meehan Wenstrup following communication from the tion on the Rule providing for consideration of Fleischmann Meeks Williams Clerk of the House of Representatives: Fortenberry Meng Wilson (SC) OFFICE OF THE CLERK, H.R. 3003. I would have also voted ‘‘nay’’ on Foster Messer Womack HOUSE OF REPRESENTATIVES, H. Res. 414—Rule providing for consideration Frankel (FL) Mitchell Yarmuth Washington, DC, June 28, 2017. of H.R. 3003—No Sanctuary for Criminals Act. Frelinghuysen Mooney (WV) Yoho Gabbard Moulton Young (IA) Hon. PAUL D. RYAN, f Garamendi Mullin Zeldin The Speaker, House of Representatives, THE JOURNAL Washington, DC. NAYS—183 DEAR MR. SPEAKER: Pursuant to the per- The SPEAKER pro tempore. The un- Adams Bost Ca´ rdenas mission granted in Clause 2th) of Rule II of finished business is the question on Aguilar Boyle, Brendan Carson (IN) the Rules of the U.S. House of Representa- agreeing to the Speaker’s approval of Amash F. Carter (GA) tives, the Clerk received the following mes- the Journal, on which the yeas and Babin Brady (PA) Castor (FL) sage from the Secretary of the Senate on Barraga´ n Brooks (AL) Chaffetz June 28, 2017, at 9:28 a.m.: nays were ordered. Bass Brownley (CA) Clark (MA) Clerical correction to an appointment The question is on the Speaker’s ap- Beatty Buck Clarke (NY) made on March 22, 2017 to the Board of Visi- proval of the Journal. Bera Bucshon Cleaver Beyer Budd Clyburn tors of the U.S. Merchant Marine Academy. This will be a 5-minute vote. Bishop (GA) Burgess Coffman With best wishes, I am, The vote was taken by electronic de- Bishop (MI) Capuano Cohen Sincerely. vice, and there were—yeas 232, nays Blum Carbajal Collins (GA) KAREN L. HAAS.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.028 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5263 PROTECTING ACCESS TO CARE yers can charge. They allow courts to proceed expeditiously to the House floor for ACT OF 2017 require periodic payments for future consideration. damages instead of lump sum awards The Committee on Energy and Commerce GENERAL LEAVE takes this action with our mutual under- Mr. GOODLATTE. Mr. Speaker, I ask so bankruptcies in which plaintiffs standing that by foregoing consideration of unanimous consent that all Members would receive only pennies on the dol- H.R. 1215, the Committee does not waive any may have 5 legislative days to revise lar can be prevented. They include pro- jurisdiction over the subject matter con- and extend their remarks and include visions creating a ‘‘fair share’’ rule by tained in this or similar legislation and will which damages are allocated fairly in be appropriately consulted and involved as extraneous material on H.R. 1215. this or similar legislation moves forward to The SPEAKER pro tempore. Is there direct proportion to fault. This bill does all this without in any address any remaining issues within the objection to the request of the gen- Committee’s jurisdiction. The Committee tleman from Virginia? way limiting compensation for 100 per- also reserves the right to seek appointment There was no objection. cent of plaintiffs’ economic losses, of an appropriate number of conferees to any The SPEAKER pro tempore. Pursu- which include anything to which a re- House-Senate conference involving this or ant to House Resolution 382 and rule ceipt can be attached, including all similar legislation and asks that you support XVIII, the Chair declares the House in medical costs, lost wages, future lost any such request. I would appreciate your response con- the Committee of the Whole House on wages, rehabilitation costs, and any other economic out-of-pocket loss suf- firming this understanding with respect to the state of the Union for the consider- H.R. 1215 and ask that a copy of our ex- ation of the bill, H.R. 1215. fered as the result of a healthcare in- change of letters on this matter be included The Chair appoints the gentleman jury. Far from limiting deserved recov- in your committee’s report on the legislation from Louisiana (Mr. GRAVES) to preside eries in California, these reforms have or the Congressional Record during its con- over the Committee of the Whole. led to medical damage awards in de- sideration on the House floor. serving cases in the $80 million and $90 Sincerely, b 1407 million range. GREG WALDEN, IN THE COMMITTEE OF THE WHOLE Unlike past iterations, this bill only Chairman. Accordingly, the House resolved applies to claims concerning the provi- HOUSE OF REPRESENTATIVES, itself into the Committee of the Whole sion of goods or services for which cov- COMMITTEE ON THE JUDICIARY, House on the state of the Union for the erage is provided in whole or in part Washington, DC, March 21, 2017. consideration of the bill (H.R. 1215) to via a Federal program, subsidy, or tax Hon. GREG WALDEN, improve patient access to health care benefit, giving it a clear Federal nexus. Chairman, Committee on Energy and Commerce, services and provide improved medical Wherever Federal policy directly af- Washington, DC. care by reducing the excessive burden fects the distribution of healthcare, DEAR CHAIRMAN WALDEN: Thank you for the liability system places on the there is a clear Federal interest in re- consulting with the Committee on the Judi- ciary and agreeing to be discharged from fur- health care delivery system, with Mr. ducing the costs of such Federal poli- ther consideration of H.R. 1215, the ‘‘Pro- GRAVES of Louisiana in the chair. cies. tecting Access to Care Act,’’ so that the bill The Clerk read the title of the bill. The legislation before us today also may proceed expeditiously to the House The CHAIR. Pursuant to the rule, the protects any State law that otherwise floor. bill is considered read the first time. caps damages—whether at a higher I agree that your foregoing further action The gentleman from Virginia (Mr. level or lower than the caps in the on this measure does not in any way dimin- GOODLATTE) and the gentleman from bill—or provides greater protections ish or alter the jurisdiction of your com- Michigan (Mr. CONYERS) each will con- that lower healthcare costs. mittee or prejudice its jurisdictional prerog- trol 30 minutes. atives on this bill or similar legislation in When President Ronald Reagan es- the future. I would support your effort to The Chair recognizes the gentleman tablished a special task force to study seek appointment of an appropriate number from Virginia. the need for Federal tort reform, that of conferees from your committee to any Mr. GOODLATTE. Mr. Chairman, I task force concluded as follows: ‘‘In House-Senate conference on this legislation. yield myself such time as I may con- sum, tort law appears to be a major I will seek to place our letters on H.R. 1215 sume. cause of the insurance availability and into the Congressional Record during floor Mr. Chairman, the bill before us affordability crisis which the Federal consideration of the bill. I appreciate your today is modeled on California’s highly Government can and should address in cooperation regarding this legislation and successful litigation reforms that have look forward to continuing to work together a variety of sensible and appropriate as this measure moves through the legisla- lowered healthcare costs and made ways.’’ tive process. healthcare much more accessible to Indeed, the Reagan task force specifi- Sincerely, the people of that State. cally recommended ‘‘eliminate joint BOB GOODLATTE, Because the evidence of the effects of and several liability,’’ ‘‘provide for Chairman. those reforms on lowering healthcare periodic payments of future economic Mr. CONYERS. Mr. Chairman, I yield costs is so overwhelming, the Congres- damages,’’ ‘‘schedule’’—that is, limit— myself such time as I may consume. sional Budget Office has estimated ‘‘contingency fees’’ of attorneys, and Mr. Chairman, H.R. 1215 will do little that, if the same reforms were applied ‘‘limit noneconomic damages to a fair to protect Americans’ access to safe at the Federal level, they would save and reasonable amount.’’ All of these and affordable healthcare. Instead, it over $50 billion over a 10-year period. recommended reforms are part of the will deny victims of medical mal- Because the evidence that those re- bill before us today. practice and defective medical prod- forms increase access to healthcare is I urge my colleagues to support this ucts the opportunity to be fully com- so overwhelming, they are supported legislation that would enact much- pensated for their injuries and to hold by a huge variety of public safety and needed commonsense and cost-saving wrongdoers accountable. labor unions, community clinics and litigation reforms that would increase This legislation imposes various re- health centers, and organizations dedi- healthcare accessibility for all. strictions on lawsuits against cated to disease prevention, all of Mr. Chairman, I reserve the balance healthcare providers concerning the which have seen the beneficial effects of my time. provision of healthcare goods or serv- of these reforms in California. HOUSE OF REPRESENTATIVES, ices that would apply regardless of the So popular are these reforms among COMMITTEE ON ENERGY AND COMMERCE, merits of the case, the misconduct at the citizens of California that a ballot Washington, DC, March 21, 2017. issue, or the severity of the victim’s in- initiative to raise the damages cap, Hon. BOB GOODLATTE, jury. backed and funded by trial lawyers, Chairman, Committee on the Judiciary, There are so many problems with was defeated by an over 2-to-1 margin Washington, DC. this bill, but to begin with, this bill in 2014. DEAR CHAIRMAN GOODLATTE: I write in re- would cause real harm by severely lim- gard to H.R. 1215, Protecting Access to Care This bill’s commonsense reforms in- Act of 2017, which was referred in addition to iting the ability of victims to be made clude a $250,000 cap on inherently the Committee on Energy and Commerce. I whole. For instance, the bill’s $250,000 unquantifiable noneconomic damages wanted to notify you that the Committee aggregate limit for noneconomic dam- and limits on the contingency fees law- will forgo action on the bill so that it may ages, an amount established more than

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.046 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5264 CONGRESSIONAL RECORD — HOUSE June 28, 2017 40 years ago pursuant to a California to simply avoid exposure in litigation ever. Californians thought this isn’t statute, would have a particularly ad- for insurance companies. This will California’s law. This goes further than verse impact on women, children, the lower healthcare costs. California on joint liability. The fact poor, and other vulnerable members of The New England Journal of Medi- is, when you eliminate joint and sev- our society. cine found that 1 in every 14 doctors eral liability in certain places, a cer- These groups are more likely to re- gets sued each year. An earlier Harvard tain part of it is California, a certain ceive noneconomic damages in study revealed that 40 percent of these part of it isn’t, it is less likely that the healthcare cases because they are less malpractice suits were groundless, yet injured party is going to be able to col- able to establish lost wages and other over a quarter of these frivolous cases lect. economic losses. Women, for example, are settled, and the average payout was It goes further in terms of setting a are often paid at a lower rate than $300,000. statute of limitations, but the big pic- men, even for the same job. Also, they Groundless cases overburden our ture is States’ rights. Normally, the are more likely to suffer noneconomic legal system, making it harder for peo- folks on the other side of the aisle are loss, such as disfigurement or loss of ple with legitimate grievances to have all for States’ rights. They are for fertility. Imposing a severe limit on their day in court. States’ rights when it comes to voting noneconomic damages, therefore, hurts Frivolous claims drive up the cost of rights. They are for States’ rights them disproportionately. insurance for all healthcare providers, when it comes to civil rights. They are b 1415 driving many physicians away from the for States’ rights on all kinds of things healthcare profession. We need more that generally tend to tamp down the Finally, this bill is particularly doctors and hospitals, not less. With- lower economic folk in our country, harmful for veterans, members of the out reform, we get higher costs, fewer particularly in the South. military, and their families. Because doctors, a larger Federal deficit, and But here on medical malpractice, the bill prevents State tort law in any worse healthcare outcomes. which has always been a province of healthcare-related lawsuit that in- Let’s pass this bill and start deliv- the States, they want to usurp it and cludes any coverage provided by a Fed- ering on more accessible healthcare for make a Federal standard that applies eral health program, all cases arising the American people. to everybody. from substandard care received in a Mr. CONYERS. Mr. Chairman, I yield If a State hasn’t set a cap on dam- Veterans Administration facility or a 3 minutes to the distinguished gen- ages, then the Federal cap of $250,000 military hospital would be subject to tleman from Tennessee (Mr. COHEN). would go into place. So if you have a the bill’s restrictions. Mr. COHEN. Mr. Chairman, I thank State that says it is unconstitutional As a diverse coalition of veterans or- Ranking Member CONYERS for yielding to have a cap because you have got a ganizations noted in their letter of op- me time. Mr. Chair, I share your grief right to a jury trial, then you might position, H.R. 1215 would limit the abil- over last night’s loss. Sorry about that. not be able to have that cap, and you ity of veterans and military families to Mr. Chairman, this bill is a loss, too. will have this $250,000 cap set. hold healthcare providers, drug manu- It is a loss to people who have been in- There are all kinds of problems with facturers, and medical products pro- jured by defective drugs, defective Federalism, all kinds of problems with viders accountable for pain and suf- medical devices, been harmed in nurs- people who have been injured getting fering and death that result from sub- ing homes, or been harmed by medical compensated, and other problems. standard care, preventable medical er- malpractice because it sets a cap on Go Tigers. rors, and defective drugs and devices. noneconomic damages of $250,000, no Mr. GOODLATTE. Mr. Chairman, I For these and other reasons, I im- matter whom the person is, whatever yield 2 minutes to the gentleman from plore and urge my colleagues to oppose their position was, no matter what West Virginia (Mr. JENKINS). H.R. 1215. damages they suffered. Mr. JENKINS of West Virginia. Mr. Mr. Chairman, I reserve the balance Trial lawyers aren’t the most liked Chairman, I thank the gentleman for of my time. people in America. They are a little bit this opportunity. I have been sitting Mr. GOODLATTE. Mr. Chairman, I above Congress people, I think, but it here listening very carefully to this de- yield 2 minutes to the gentleman from is right in there with used car sales- bate. It sounds like a partisan fight. Florida (Mr. GAETZ), a member of the men. None of the three of us are doing Democrats say this is a bad bill. Re- Judiciary Committee. Mr. GAETZ. Mr. Chairman, I thank real good. So it is easy to kind of beat publicans say it is a good bill. If you the gentleman for yielding. us up. are watching at home, you think: Here Today, in the Congress, too many Re- But people like their doctors. I see we go again. Just gridlock in Wash- publicans and Democrats are obsessed Dr. ROE over there. People like doctors. ington. Can’t get something done. with health insurance, often at the ex- Doctors provide healthcare, if they are Well, let me tell you and let me sug- pense of the reforms that could reduce allowed to by Federal law and given gest that preserving and protecting ac- the cost of healthcare. If we cut the the opportunity to get reimbursed and cess to care should not be a partisan cost of healthcare, we make solutions have a system. People don’t generally issue. Why do I say that? I am from far more attainable for affordable cov- like trial lawyers. But the fact is, trial West Virginia, and 14 years ago we erage. lawyers do a public service because passed medical liability reform very I support this tort reform legislation they represent people. When they do it similar to what we are getting ready to because it will make healthcare in on contingency fees, they do it for peo- pass today, including $250,000 caps on America more accessible and less ex- ple who wouldn’t have the money to noneconomic damages. pensive. hire a lawyer, necessarily, but have Why do I know it was not a partisan Defensive medicine costs Americans been harmed. And they go in on the issue back then is because the Gov- over $50 billion. Commonsense reform idea that sometimes they will get ernor of West Virginia who introduced will eliminate these costs, help pa- nothing, but if they win, they get a the bill, House Bill 2122, was Congress- tients afford healthcare, all while re- contingency fee, and they give rep- man Governor Bob Wise. Bob Wise had ducing the Federal deficit. resentation to people who otherwise been a Member of Congress for 18 years It is no surprise that defensive medi- couldn’t afford it. as a Democrat here in Congress. He in- cine costs so much. One survey re- When they win, they win because a troduced the bill 14 years ago in West cently reported that 93 percent of doc- jury—which is like a little focus group Virginia. He signed the bill. It was his tors practice defensive medicine due to of America—says there was a duty that bill. a broken tort system. the doctor breached and a harm done The West Virginia Legislature, the It is outrageous that we force doctors to the patient and the patient should House of Delegates, was 68 percent to subject patients to costly, unneces- be compensated. Democrat. The West Virginia Senate sary, and occasionally harmful tests My chairman says this is just like was 70 percent Democrat. A Democrat just to avoid frivolous lawsuits. California, and there he goes again Legislature, a Democrat Governor, and Let’s go back to performing medical with that Reagan stuff. Reagan was 40 the reform is just like what we are get- tests when needed for the patient, not years ago, I think, 35 years ago. What- ting ready to pass today.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.047 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5265 Here is what Democrat Governor Bob that deserves compensation. This in- Because of trial attorneys, over the Wise said about the bill and why they cludes women who may have chosen to years, the premiums for malpractice did it. What was the goal? ‘‘To work to- stay home and raise a family, children insurance have ballooned to levels that gether towards a common goal pre- who have yet to begin their careers, or make it difficult for providers to prac- serving the healthcare system that seniors who have retired and left the tice and are driving more people out of serves all West Virginians.’’ workforce. practice, away from small practices, What else did Governor Democrat Why should they be punished under and into large hospital systems just so Bob Wise say? He said, ‘‘This is a prime this bill and get very little compensa- they can survive as a practitioner. example of how government can work tion for a lost limb or something else? Worse still, the jury awards aren’t for the people,’’ when he passed this The law recognizes that pain and suf- going to the victims of actual mal- bill and signed it. fering, and other noneconomic dam- practice. On the day he signed the bill, this is ages, are worthy of compensation, but b 1430 what Democrat Bob Wise’s newsletter supporters of this bill think Congress, said: ‘‘My number one commitment is not juries, should decide what those in- In Tennessee, prior to implementing the health and safety of the citizens of juries are worth, and it is shamefully some malpractice reforms, over half West Virginia?’’ little. the premium dollars were paid out to The CHAIR. The time of the gen- This legislation is based on the Cali- attorneys, and less than 40 cents of tleman has expired. fornia law that includes a cap of every dollar paid out have gone to peo- Mr. GOODLATTE. Mr. Chairman, I $250,000 for noneconomic damages, but ple who have actually been injured. So we are not compensating the injured yield an additional 1 minute to the it was enacted back in 1975. Whether or party. gentleman. not that was an appropriate figure 40 Mr. JENKINS of West Virginia. Mr. Thankfully, States like my home years ago, in today’s dollars, it is State of Tennessee are taking action Chair, this should not be a Democrat/ clearly inadequate. and have enacted much-needed reforms Republican issue. This should be an After adjusting for inflation, the cap in the last decade, and the costs associ- American healthcare issue. This should would need to be approximately $1.128 ated with providing care have plum- be preserving and protecting access to million to be the same as the $250,000 meted since then. In 2008, the Ten- quality care. Just like Democrat Con- cap was when it was enacted. nessee Medical Malpractice Act was gressman Bob Wise in West Virginia 14 The CHAIR. The time of the gen- signed into law and created require- years ago set the example, we ought to tleman has expired. ments that the plaintiff in a healthcare set the example here of passing this Mr. CONYERS. Mr. Chairman, I yield liability action provide the defendant with strong bipartisan support. This is the gentleman an additional 30 sec- with a pre-suit notice of the claim as quality care for the American citizens. onds. well as a qualified expert to review the Mr. CONYERS. Mr. Chairman, I yield Mr. NADLER. Thinking of it another case and certify it has merit. 2 minutes to the gentleman from New way, that $250,000 cap is now worth just Adding onto these reforms, in 2011, York (Mr. NADLER), a senior member of over $56,000, nearly a fifth as much. the Tennessee Civil Justice Act was the House Judiciary Committee. Even assuming that $250,000 is the ap- signed into law, and it included a Mr. NADLER. Mr. Chairman, I thank propriate figure today, fairness de- $750,000 cap for noneconomic damages the gentleman for yielding. mands that this cap be indexed for in- and a cap on punitive damages at the Yes, the previous speaker is right. flation going forward so that we do not greater of twice the compensatory This shouldn’t be a partisan issue, but see a similar erosion of value. But this damages or $500,000. the Republican Party in both houses bill locks in an already low cap and With these changes, between 2008 and has been doing its best to destroy lets it dwindle away until it is worth 2014, the number of medical mal- healthcare for the American people in essentially zero. practice lawsuits in Tennessee de- the last couple of months. This is just I offered an amendment to adjust the creased by 36 percent, from 584 to just a different piece of the same plot. Bob cap to reflect 40 years of inflation, and 374. And, Mr. Chairman, between 2009 Wise didn’t always have the best judg- to index it going forward, but the Rules and 2014, the annual medical mal- ment. Committee did not make it in order. practice premium for an OB/GYN doc- This cruel legislation does exactly Instead, we are forced to vote on a bill tor like myself decreased from $52,000- the opposite of what its title states. It that, over time, will consider pain and plus to $33,000-plus, nearly a $20,000 de- would place an artifical and very low suffering to be worth nothing at all. crease in premiums per year. cap on noneconomic damages in med- This bill would not reduce the cost of Those of us who were here in 2009 ical malpractice cases, and it would malpractice insurance, it would not when the Affordable Care Act was de- lock that figure into law without ad- drive bad doctors out of practice, and it bated remember that President Obama justment for inflation, which would re- would certainly not protect patients. acknowledged that the cost of defen- duce its value almost to zero over time. What it would do is give a free ride to sive medicine was a bipartisan concern By capping damages, this bill would a healthcare provider, or a healthcare and something that he wanted to ad- ensure that many victims of medical entity, that seriously harms a patient dress. Despite the fact that our legisla- malpractice will not be fairly com- or a consumer. tion is modeled on a California law pensated for their injuries. Many other I urge my colleagues to reject this that has stood the test for 40 years victims may be unable even to file a unfair and unnecessary legislation. through both Republican and Demo- case in the first place because they will Mr. KING of Iowa. Mr. Chairman, I cratic Governors, Democrats made no be unable to retain a lawyer. That is yield 4 minutes to the gentleman from serious attempt to address medical because medical malpractice cases Tennessee (Mr. ROE). malpractice as their healthcare bill often require significant upfront costs, Mr. ROE of Tennessee. Mr. Chairman, was pushed through, which is yet an- as high as $100,000 on average, and few I rise today in support of H.R. 1215, the other flaw of the ACA. attorneys will take a case if the cap on Protecting Access to Care Act of 2017, a Today’s bill is common sense. With damages means that there will be no much needed piece of legislation aimed these reforms, we will ensure patients, reasonable likelihood of recouping at reforming medical malpractice law not trial attorneys, are compensated their costs. in order to help drive down the cost of for legitimate malpractice claims—and This bill’s cap on noneconomic dam- providing healthcare and, thereby, there are legitimate claims out there. ages is particularly insidious because making it more affordable for all But we will also prevent frivolous liti- of its discriminatory effect on many Americans. gation from moving forward. women, children, and seniors. They I had the privilege of practicing med- For those concerned about the 10th often have little or no lost wages to icine in the great State of Tennessee Amendment, this bill respects States’ calculate, and, therefore, they may re- for 31 years before coming to Congress. rights and only subjects claims with a cover very little in the form of eco- The one thing that took away some of Federal nexus to this law, while giving nomic damages. But they may still the joy from that practice was the a great deal of latitude to States to act have suffered a real and lasting injury threat of frivolous lawsuits. in their own accord.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.049 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5266 CONGRESSIONAL RECORD — HOUSE June 28, 2017 Mr. Chairman, I loved what I did Error Leaves Family With Unanswered errors to go unrecognized and rec- while I was in practice. I had the Questions.’’ onciled? This bill will do that by deny- chance to deliver about 5,000 babies, ‘‘Olivia was a senior in high school in ing the ability. and it never felt like a job. It is just Santa Monica, California, an accom- It provides immunity for healthcare what I did and enjoyed doing. But at a plished scholar, actress, and musician providers who dispense defective or time when healthcare costs are spi- who had earned early acceptance to dangerous products. It makes it harder raling out of control, an easy fix like Smith College.’’ for victims to attain adequate legal H.R. 1215 just makes sense and is just The CHAIR. The time of the gentle- representation, and it imposes a risk or another piece of the puzzle to help the woman has expired. loss on victims rather than wrong- costs of healthcare go down. Mr. CONYERS. Mr. Chairman, I yield doers. This bill undermines healthcare I strongly support the much-needed the gentlewoman an additional 30 sec- and it undermines good healthcare. reforms in this legislation, and I urge onds. Mr. Chair, I include in the RECORD a my colleagues to vote in favor of final Ms. JACKSON LEE. ‘‘Olivia was born letter from the American Bar Associa- passage. with a congenital heart condition.’’ tion opposing this bill. One final thing, Mr. Chairman. I have She was going into college, but had a AMERICAN BAR ASSOCIATION, a list here of our premiums in the condition that caused her to go into Washington, DC, February 27, 2017. State of Tennessee, and under every the hospital. When she went in, she had Re Concerns Regarding H.R. 1215, the ‘‘Pro- specialty listed here—and there are nu- a small procedure. Her vitals were tecting Access to Care Act of 2017.’’ merous—there were dramatic decreases dropping. Hospital staff waited more Hon. BOB GOODLATTE, in each of these. than 10 minutes before attempting re- Chairman, Committee on the Judiciary, House Mr. CONYERS. Mr. Chairman, I yield suscitation, but it was too late. She re- of Representatives, Washington, DC. 2 minutes to the gentlewoman from mained in a coma and died. Hon. JOHN CONYERS, JR., Ranking Member, Committee on the Judiciary, Texas (Ms. JACKSON LEE), the most ac- Mr. Chairman, I include the article in House of Representatives, Washington, DC. tive Member in the 115th Congress. the RECORD. DEAR CHAIRMAN GOODLATTE AND RANKING Ms. JACKSON LEE. Mr. Chairman, I MEDICAL ERROR LEAVES FAMILY WITH MEMBER CONYERS: On behalf of the American thank the gentleman for yielding. UNANSWERED QUESTIONS Bar Association, which is the largest vol- Mr. Chairman, I would say to my col- Research has found that 440,000 Americans untary membership organization of legal leagues that this is about bad medi- die every year from preventable medical er- professionals in the United States, con- cine, not good medicine, and it is about rors each year. sisting of more than 400,000 members from undermining good healthcare, as we Olivia was a senior in high school in Santa all 50 states, the District of Columbia and have seen in the TrumpCare saga, caus- Monica, California, an accomplished scholar, other jurisdictions, I am writing to express ing some 49 million people to lose their actress, and musician who had earned early our opposition to H.R. 1215, the ‘‘Protecting Access to Care Act of 2017.’’ I understand insurance. Here we go again. acceptance to Smith College. Olivia was born with a congenital heart that your committee is scheduled to mark I would offer to say that the most up this bill as early as tomorrow. difficult, hurtful, and harmful aspect of condition that was monitored throughout her childhood. For over 200 years, the authority to deter- this particular legislation is that it The fall that Olivia was supposed to start mine medical liability law has rested in the would make it more difficult for plain- college, she underwent a routine procedure states. This system, which grants each state tiffs to seek redress for medical inju- to help doctors figure out if she could be con- the autonomy to regulate the resolution of ries that have been proven in court. sidered for a surgery that would improve her medical liability actions within its own bor- In addition, it proposes to make dan- condition. ders, is a hallmark of our American justice gerous and potentially unconstitu- The procedure was completed without com- system. The states also regulate the insur- ance industry. Because of the roles they have tional changes to our Nation’s Federal plications, but while Olivia was still under anesthesia, a cardiology fellow-in-training played, the states are the repositories of ex- system, intruding on State sov- perience and expertise in these matters. ereignty, the very thing that Repub- pulled the catheter lines, causing Olivia’s heart rate, pulse, and blood pressure to drop Therefore, the ABA believes that Congress licans seem to relish and to support, rapidly. Even though her vitals were drop- should not substitute its judgment, as is pro- because this bill attempts to preempt ping, hospital staff waited more than 10 min- posed in H.R. 1215, for the systems that have the several areas of tort law that have utes before attempting resuscitation. But it evolved in each state over time. been traditionally reserved to the was too late. Specifically, I would like to share with you States. Olivia would never regain consciousness the ABA’s concerns and other views regard- ing key provisions in the proposed legisla- I would tell my good friends in Ten- and died that winter, never having lived her dream and attending college. tion relating to damages, proportionate li- nessee and West Virginia: Deal with ability, and contingent fees. your States, just as other individuals Her future was stolen from her, and imme- diately her family tried to understand what Damages. The ABA believes that compen- deal with their own States. had gone wrong. They began to ask questions satory damages should not be capped at ei- This bill, as well, has a very difficult on how this could have happened, but they ther the state or federal level, and, as a re- impact on medical malpractice. Be- were given very few answers from the hos- sult, we have serious concerns regarding Sec- cause it was written so vaguely, the pital. tion 3(b) of H.R. 1215 that would cap non- broad language sweeps into not only Finally, the hospital gave her family in- economic damages for a plaintiff’s injuries at $250,000 regardless of the number of par- doctors and other medical profes- complete medical records to sift through and find answers. They sought the help of an at- ties against whom the action is brought or sionals, but hospitals and clinics and the number of separate claims or actions almost every entity that contributes in torney because, despite their best efforts, they still did not fully understand what brought with respect to the same injury. For any way to making any healthcare caused their daughter’s death. But due to more than thirty years, the ABA has studied product or service available. That California’s out dated $250,000 cap on medical the research on federal and state legislative clearly impacts the healthcare of negligence damages, it was nearly impossible efforts to impose limits on noneconomic Americans. to find one. damages, including pain and suffering. Em- When your child is injured through Olivia’s life was cut short by a preventable pirical research has shown that caps dimin- no fault of their own or your own, you medical error, and unfortunately, she is not ish access to the courts for low wage earners, like the elderly, children, and women; if eco- need relief for that child. Interestingly alone. In the U.S., preventable medical er- rors are the third leading cause of death. nomic damages are minor and noneconomic enough, the American Bar Association damages are capped, victims are less likely that represents all lawyers, trial law- Our focus should be on improving patient safety and preventing medical errors, not to be able to obtain counsel to represent yers, of which there is an attempt to limiting the rights of injured patients and them in seeking redress. impugn their work, contempt for trial their families. Lawmakers who seek to limit Those affected by caps on damages are the lawyers and the good work that they the accountability of health care providers patients who have been most severely in- do. But the ABA says they are opposed are seeking to limit our rights and our ave- jured by the negligence of others. These pa- to this bill, and they represent lawyers nues to justice. tients who reside in communities around the Don’t our loved ones deserve better? country should not be told that, due to an who fight every day to make sure the arbitrary limit set by members of Congress injustices don’t happen. Ms. JACKSON LEE. Mr. Chairman, in Washington, DC, they will be deprived of But here is the real cause of my what do you want families to face—no the compensation determined by a fair and angst for this particular bill: ‘‘Medical relief? Or do you want these constant impartial jury. The courts already possess

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.051 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5267 and exercise their powers of remittitur to set H.R. 1215, the so-called ‘‘Protecting Access to The bill forces the injured patient to take the aside excessive jury verdicts, and that is the Care Act of 2017.’’ amounts received for future expenses result- appropriate solution rather than an arbi- I oppose this misguided and ill-considered ing from the injury in a ‘‘structured settlement,’’ trary cap. For these reasons, the ABA op- legislation for several reasons. poses those provisions in H.R. 1215, such as which may not match up with the patient’s ac- Section 3(b), which would place a dollar Specifically, the bill before us should be re- tual needs as they arise, and would further re- limit on recoverable damages and operate to jected because: duce the amount the careless health care pro- deny full compensation to a patient in a 1. H.R. 1215 violates state sovereignty; vider actually pays. medical liability action. 2. H.R. 1215 applies well beyond medical Preventable medical errors are the third- Proportionate Liability. Section 3(d) of malpractice; leading cause of death in the United States, H.R. 1215 would create a ‘‘fair share rule’’ 3. Unjustifiably caps noneconomic damages, with an estimated 440,000 deaths each year under which each party would be liable only which will have a disproportionately adverse for its share of any damages, and, as a result, following a medical error or hospital-caused in- impact on women, the poor, and other vulner- fection during a hospital stay. the provision would preempt existing state able groups. laws that provide for joint and several liabil- Addressing this problem must be a national ity in medical liability cases. The ABA be- 4. Provides unjustifiable immunity for health priority. lieves that, at the state level, the laws pro- care providers who dispense defective or dan- And although policies to promote and re- viding for joint and several liability should gerous pharmaceuticals or medical devices; quire safer practices are key to this effort, that be modified to recognize that defendants 5. Imposes an excessively short statute of is insufficient. whose responsibility is substantially dis- limitations period; We cannot assign a government monitor to proportionate to liability for the entire loss 6. Makes it harder for victims to obtain ade- every hospital operating room and every doc- suffered by the plaintiff should be held liable quate legal representation; and tor’s office. for only their equitable share of the plain- 7. Inequitably imposes the risk of loss on tiff’s noneconomic loss. Although the ABA Effective protection should also include ena- victims rather than wrongdoers. bling patients and their families to hold health supports this principle and encourages other For over 200 years, the authority to deter- improvements to the tort laws at the state care providers accountable for errors that level, it opposes federal preemption of the mine medical liability has rested in the states. cause harm. medical liability laws of the states and terri- This system, which grants each state the H.R. 1215 would unfortunately take several tories. Therefore, the ABA opposes Section autonomy to regulate the resolution of medical major steps backward from this goal. 3(d) to the extent that it would preempt ex- liability actions within its own borders, is a The bill twists important protections found in isting state laws and to the extent that it hallmark of our American justice system. many state laws into an additional legal hur- would apply a proportionate liability rule to H.R. 1215 would preempt state law in all 50 dle. all damages, not just the plaintiff’s non-eco- states with a rigid, uniform set of rules de- An extended statute of limitations protection nomic damages. signed to make it more difficult for malpractice Contingent Fees. Section 4(a) of H.R. 1215 allows patients who do not discover their injury would empower a court to reduce the contin- victims to obtain relief in the courts. until much later, sometimes many years after gent fees paid from a plaintiff’s damage Victims injured by the negligent conduct of the medical procedure or intervention, to still award to an attorney, redirect damages to others, who have lost limbs, suffered traumatic have a change to seek legal help. the plaintiff, and further reduce contingent brain injury, or lost their vision following med- But in the bill, the period in which an injured fees in cases involving minors and incom- ical procedures should not be subject to addi- patient can seek legal help is actually short- petent persons. The ABA opposes sliding tional burdens of a possible limited recovery, ened to one year. scales for contingent fees and other special currently available under state patients’ bills of The bill cuts off a patient injured as a young restrictions on such fees. In 1985, the ABA rights and other protections under the Afford- child if their family fails to bring legal action on created a Special Committee on Medical Pro- able Care Act. fessional Liability (‘‘Special Committee’’) to their behalf, long before they are old enough study the initiatives proposed at that time The definitions in H.R. 1215 are written in to legally act on their own behalf. in an Action Plain of the American Medical such vague and broad language as to poten- This legislation would impose various re- Association Special Task Force on Profes- tially sweep in not only doctors and other strictions on medical malpractice lawsuits, sional Liability and Insurance. Among the medical professionals, hospitals and clinics, causing these restrictions to apply regardless initiatives was a recommendation of sliding but also every entity that contributes in any of how much merit a case may have, the neg- scales on contingent fees, having effects way to making any health care product or ligence at issue, or the severity of the issue. comparable to the caps proposed here. After service available, including insurance compa- If economic damages are minor and non- review, the Special Committee concluded the nies, pharmaceutical manufacturers, health following: economic damages are capped, victims are ‘‘A sliding scale for contingency fees in product manufacturers, pharmacists, nursing less likely to be able to obtain counsel to rep- medical malpractice litigation may very homes, assisted living facilities, and mental resent them in seeking redress in these per- well reduce total awards for patient-victims health treatment centers, and drug and alcohol sonal injury malpractice cases that often oper- by depriving them of representation by a rehabilitation facility, among others. ate under contingency fee. trial lawyer sufficiently skilled at obtaining H.R. 1215 will do nothing to strengthen pro- Those affected by caps on damages are the the highest appropriate award. Mandatory tections for patients. patients who have been most severely injured sliding scale systems could also inhibit It goes in the opposite direction, by excus- by the negligence of others. claimants’ access to the court system by ing the health care industry from accountability These patients who reside in communities limiting the availability of counsel. And im- for carelessness, and shifting the burden for posing sliding scales only in medical mal- around the country should not be told that, practice cases would, in effect, create dif- shouldering the consequences of preventable due to an arbitrary limit set by members of ferent level of skills among available counsel medical injury to the injured patients, their Congress in Washington, DC, they will be de- for plaintiffs in medical malpractice cases families, their employers, their insurance com- prived of the compensation determined by a from those available to claimants in other panies, and taxpayers. fair and impartial jury. tort cases.’’ Current provisions of the Affordable Care The courts already possess and exercise As a result of this finding, the ABA adopt- Act prohibit insurance companies from deny- their powers of remittitur to set aside exces- ed a policy in 1986 that ‘‘no justification ex- ing coverage for preexisting conditions, man- sive jury verdicts, and that is the appropriate ists for imposing special restrictions on con- date coverage for young adults and children tingent fees in medical malpractice actions.’’ solution rather than an arbitrary cap. Therefore, the ABA opposes the limits on under the age of 26, and secure lifetime cov- I am concerned that H.R. 1215 would put contingent fees contained in Section 4 of erage caps, ensuring patients receive the care patient safety at higher risk, by significantly H.R. 1215. they need. undermining the accountability of those who The American Bar Association remains Empirical research has shown that caps on provide patients with medical care. committed to maintaining a fair and effi- damages, such as those envisioned by H.R. H.R. 1215 undercuts patients in situations in cient justice system where victims of med- 1215, diminish access to the courts for the which carelessness or misconduct by several ical malpractice can obtain redress based on most vulnerable, such as low wage earners, health care providers combines to injure the state laws, without arbitrary or harmful re- like the elderly, children, and women. patient. strictions. We offer these perspectives for your consideration as you mark up H.R. 1215. The bill arbitrarily caps so-called ‘‘non-eco- It arbitrarily ‘‘divides’’ blame among those Sincerely, nomic loss’’—which sweeps in essentially ev- actors and then if one of them evades ac- THOMAS M. SUSMAN, erything that is not loss of salary or additional countability for any reason, the others who Director, Governmental Affairs Office. medical expenses—at $250,000 for the pa- caused the injury are excused from having to Mr. CHAIR, as a senior member of the Judi- tient’s lifetime, punishing those patients with make up the difference, and the injured patient ciary Committee, I rise in strong opposition to the most devastating, life-altering injuries. is short-changed.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\A28JN7.039 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5268 CONGRESSIONAL RECORD — HOUSE June 28, 2017 H.R. 1215 shifts accountability away from So, the bill’s commonsense reforms, they can pay in wages. So when the careless health care providers who caused which have been the law in California healthcare costs increase and that the injury and onto ‘‘collateral sources,’’ such for over 40 years and that the CBO has growth increases, wages stagnate; and as the patient’s insurance company or em- scored a couple of times here—the pre- when healthcare costs growth slows, ployer, or the government, that pay for part of vious score was $54 billion; this score is wages go up. the patient’s medical expenses or other ex- $50 billion—is over $50 billion in sav- Members who want to see wages in- penses resulting from the injury. ings to the people who are paying for crease should vote for this bill—it is In effect, these other sources provide invol- healthcare in this country, and that in- good for the healthcare workers—be- untary free insurance to careless health care cludes our taxpayers and the cause one of the drivers of higher providers. healthcare users. healthcare spending is so-called defen- The bill excuses doctors and other health But the $250,000 cap is reasonable. It sive medicine. care providers from any responsibility of look- has sustained itself over those 40 years The CHAIR. The time of the gen- ing into the safety and effectiveness of any in California, and it is good enough for tleman has expired. medication or medical product, so long as it other States to emulate. Mr. KING of Iowa. Mr. Chairman, I has been approved by the FDA. When I hear some pushback from yield myself an additional 2 minutes. Accordingly, I strongly oppose H.R. 1215 for Texas, I am kind of thinking they want That is a very real phenomenon con- these and many more reasons and urge my to keep the system they have, and they firmed by countless studies in which colleagues to reject this bill. don’t want to have to compete with the healthcare workers conduct many addi- Mr. KING of Iowa. Mr. Chairman, I rest of the country. I think we might tional costly tests and procedures with yield myself 5 minutes. lose a vote or two to from Texas on no medical value. That is charged to Mr. Chairman, first of all, the state- that alone: We have ours; we don’t our Federal taxpayers, and it is simply ment that this bill caps or limits want America to have anything like to avoid excessive litigation costs. States on economic or noneconomic that because then we have to compete A survey published in the Archives of damages is incorrect. In fact, I would with all of America. Internal Medicine found that 91 percent point the gentlewoman from Texas to This bill will allow courts to require of the over 1,000 doctors surveyed ‘‘re- page 6 of the bill, that says, under periodic payments for future damages ported believing that physicians order State Flexibility, that specifies a par- instead of lump sum awards. That more tests and procedures than needed ticular monetary amount of economic helps limit bankruptcies so plaintiffs to protect themselves from mal- or economic damages, there is no pro- that might receive only pennies on the practices suits.’’ vision in this section that shall be con- dollar can be prevented. And it in- The study also asked: ‘‘Are protec- strued to preempt State law. We wrote cludes provisions creating a ‘‘fair tions against unwarranted medical that specifically to respect the States’ share’’ rule by which damages are allo- malpractice lawsuits needed to de- rights. cated fairly in direct proportion to crease the unnecessary use of diag- I recall a number of these pieces of fault. That has got to help a lot when nostic tests?’’ And the answer, an iden- legislation that have come before this you are thinking about the cost of tical number: 91 percent of the doctors Congress. I can remember it back at healthcare. surveyed agreed. least until 2007. I was uneasy about the The bill does all this without in any But there is one Newsweek reporter constitutionality because it did reach way limiting compensation for 100 per- who described the personal experience in and preempt State law. cent of the plaintiffs’ economic losses, of individual doctors this way: ‘‘Typ- And I am a respecter of States’ which include anything to which a re- ical was one doctor, who had a list as rights, but we have a Federal interest ceipt can be attached, including all long as my arm of procedures ER docs in healthcare. That is the provision medical costs, lost wages, future lost perform . . . for no patient benefit. that is written into the bill. If there wages, rehabilitation costs, or any They include following a bedside are Federal dollars involved, if it is a other economic out-of-pocket loss suf- sonogram . . . with an ‘‘official’’ Federal program, then the Federal fered as a result of a healthcare injury. sonogram because it’s easier to defend Government has an interest in limiting Far from limiting deserved recov- yourself to a jury if you’ve ordered the these damages. eries in California, these reforms have second one; a CT scan for every child We capped the damages in this bill, led to medical damage awards in de- who bumped his or her head, to rule not the economic damages. Those real serving cases, Mr. Chairman, in the out things that can be diagnosed just damages that are economic damages area of the $80 million to $90 million fine by observation; X-rays that do not are fully compensated, without limit, range. guide treatment, such as for a simple without cap, and without the inter- The Washington Post reported a few broken arm; CTs for suspected appendi- ference of this law, unless States months ago: ‘‘U.S. healthcare spending citis that has been perfectly well diag- choose to cap economic damages. . . . is projected to accelerate over the nosed without it. Noneconomic damages, however, are next decade. . . . A study by the Cen- ‘‘Although doctors may hate prac- capped at $250,000; and that $250,000 cap ters for Medicare and Medicaid Serv- ticing defensive medicine, they do it so is something that has existed in Cali- ices projects that the average growth they don’t get sued. . . . Nationwide, fornia State law for more than 40 in health spending will be even faster physicians estimate that 35 percent of years, signed into law by the very du- in 2016’’ on up through the decade of diagnostic tests they ordered were to rable Jerry Brown. But if the States 2025. ‘‘The projections are based on an avoid lawsuits, as were 19 percent of want to change that, if they want to assumption that the legislative status hospitalizations, 14 percent of prescrip- raise the cap beyond $250,000, that is quo will prevail.’’ tions, and 8 percent of surgeries. . . . their right to do so. We specify that in If we don’t change the law, we are All told,’’ according to the Newsweek the bill. going to see these costs going up. article, $650 billion in unnecessary care I would like to discuss a need for this As Nate Silver pointed out in The every year was provided by these doc- bill. It is necessary to preserve fiscal New York Times, not my favorite docu- tors. Another ER doctor said he or- sanity in Federal healthcare policy. ment: ‘‘All the major categories of dered 52 CT scans in one 12-hour shift And I would like to point out, also, at Federal Government spending have for a total of $104,000 in a single day. the outset that this bill only applies to been increasing relative to inflation. These are the things we are dealing claims concerning the provision of But essentially all of the increase in with, Mr. Chairman. goods and services for which coverage spending relative to economic growth The CHAIR. The time of the gen- is provided in whole or in part by a and the potential tax base has come tleman has again expired. Federal program, a Federal subsidy, or from entitlement programs, and about Mr. KING of Iowa. Mr. Chairman, I a Federal tax benefit. It is a clear, half of all of that has come from yield myself an additional 1 minute. clear, Mr. Chairman, Federal nexus. healthcare entitlements specifically.’’ One of the most recent studies, pub- Wherever Federal policy affects the Studies show that as healthcare costs lished a few months ago in the Journal distribution of healthcare, there is a rise, wages fall; and the more compa- of the American College of Radiology clear Federal interest. nies pay in healthcare costs, the less studied the effects of tort reform on

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.040 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5269 just radiographic tests alone and found substandard medical care. The bill is right. We have been told there is noth- that there were ‘‘2.4 million to 2.7 mil- written so broadly, it shields both neg- ing to worry about in this bill because lion fewer radiographic tests annually ligent doctors and manufacturers of it will cover 100 percent of economic attributed to tort reforms.’’ dangerous drugs and medical devices costs—anything that comes with a re- Just imagine what savings would from liability. ceipt, we were told. occur if such reforms were attached to H.R. 1215 is before us at a time when I am going to tell you what is wrong all Federal healthcare programs, as Republicans in the Senate are working with this bill and the stories of four this bill would do. hard to pass a bill that eliminates people: a young child who goes in for a health coverage for 22 million people in simple procedure and leaves the hos- 1445 b order to give the wealthiest Americans pital paralyzed; a young adult who re- It causes me to think of an ortho- and insurance companies a huge tax quires the amputation of his left leg, pedic surgeon who told me that he can cut. The American people deserve bet- but the doctor amputates the right leg diagnose an ACL almost every time, ter than this. and he leaves the hospital with neither; yet he is compelled by his liability in- Our legal and healthcare system the woman whose physician used his surance to do additional tests, 97 per- should work for the benefit of hard- power to sexually assault her while she cent of which are unnecessary. working Americans, the people we rep- is sedated; and the rape of a nursing That is the kind of thing we are deal- resent, not for the powerful special in- home patient by a trusted healthcare ing with, Mr. Chairman, and it is time terests. Republicans are chomping at provider. for us to bring sanity to this litigation the bit for the opportunity to elimi- Mr. Chairman, there will be no re- that we have in this country. nate health coverage for honest, hard- ceipts that will cover the costs that I reserve the balance of my time. working Americans and are making those four individuals would suffer for Mr. CONYERS. Mr. Chairman, I yield deep cuts to Medicaid just so they can the rest of their lives that could be 30 seconds to the gentlewoman from give the richest people in this country turned in, compensated, and subject to Texas (Ms. JACKSON LEE). a $600 billion tax cut. this artificial cap. Ms. JACKSON LEE. Mr. Chair, I And now, they want to prevent in- Why is it that my colleagues believe thank the gentleman very much. I jured people from getting justice when that they are in a better position to de- think the question to the gentleman they are hurt. Middle class families termine how those wronged individuals from Michigan, and the gentleman’s need to see that we are on their side. should be compensated for the atroc- comments from Iowa, is the question of They don’t need bills like H.R. 1215, ities that happened to them instead of good medicine, and additional tests which will rig the healthcare and jus- allowing a jury of their peers do the may, frankly, just be good medicine. tice systems against them. same? Maybe, Mr. Chair, Mr. CONYERS I strongly urge my colleagues to vote This bill is not meant to help reduce would agree that we should gather ‘‘no’’ on H.R. 1215. costs. This is an assault on injured peo- about insurance reform and capping Mr. KING of Iowa. Mr. Chairman, I ple. This is an assault on those who premiums so that we can help our doc- yield myself 1 minute. value access to the courtroom in order Mr. Chairman, it is just interesting tors. And I would assure you that they to see justice. to me to hear this discussion about the would be very happy on that. I urge my colleagues, in the strong- Senate addressing the healthcare situa- But to the gentleman’s point, I’m est possible terms, to reject this tion in America. I stood on this floor sorry to say he was incorrect, because anticonsumer, this terrible piece of time, after time, after time, and in we note that there are almost 20 States legislation. 2010, March 23 of 2010, the final passage Mr. KING of Iowa. Mr. Chairman, I that have a variety of noncaps on cer- of ObamaCare was sent out of the Con- yield myself 1 minute. tain aspects, and now the Federal in- gress to the President of the United Mr. Chairman, as you listen to the trusion will come in and now tell them States, who signed it immediately be- stories that are here that have been de- where they do not have caps, that they fore the sun could come up in the livered by the gentleman from Florida, have to have caps. I am wondering why we haven’t heard In fact, he is incorrect, and this bill morning. And I was sick at heart at what hap- these stories come out of California. does skew the medical service or med- pened to our Constitution, our rule of Because this legislation essentially ical treatment in our States. law, our individual rights. And now we mirrors California legislation. That Mr. CONYERS. Mr. Chair, I yield 2 have a mess of a healthcare system in was the model that we followed. And minutes to the gentleman from Rhode America. This is a component of the they have had over 40 years to repeal Island (Mr. CICILLINE), a distinguished fix. We don’t have a single Democrat in or amendment it, and it has been sus- member of the House Judiciary Com- the House or Senate that is willing to tainable. mittee. even commit to work with us to put up There is a right to a jury trial under Mr. CICILLINE. Mr. Chair, I thank a single vote to try to improve the this. It is just that there are caps that the gentleman for yielding. healthcare system in America. are set, that are reasonable caps, and I rise in strong opposition to H.R. They made a mistake, and they the States are free to change those 1215, which should be more accurately passed ObamaCare. They served it over caps up or down. called the taking away access to care to us and said: Now you fix it. Well, we So I don’t quite follow this, but I and justice act. This bill will do noth- are going to declare it a mess no mat- would say someone who is raped in a ing to strengthen patient protections ter what you do. We are going to fix it. nursing home is not covered under this. and will make careless healthcare pro- It is going to take some time. This legislation doesn’t affect it at all. viders less accountable. I reserve the balance of my time. It has to have an affect by a diagnosis, It will severely limit when an injured Mr. CONYERS. Mr. Chairman, I am a prevention, or a treatment of a dis- person is allowed to bring a healthcare pleased to yield 2 minutes to the gen- ease impairment; and a rape is not lawsuit by shortening the time that in- tleman from Florida (Mr. DEUTCH), a that. So it would not be covered under jured people have to seek relief. It will distinguished member of the Judiciary this legislation. also impose a one-size-fits-all cap on Committee. Mr. Chairman, I know that my oppo- how much compensation victims of Mr. DEUTCH. Mr. Chair, I thank my sition would like to have this legisla- medical malpractice can receive for friend, the ranking member from tion killed. I would just point out pain and suffering, regardless of the se- Michigan. something that I heard on the floor of verity of a person’s injury—in order to Mr. Chairman, I am thrilled to hear the House here about 10 years ago, and benefit insurance companies and my colleague talk about the Constitu- it was this: We can pass this legisla- wrongdoers. tion. I am sorry that the Constitution tion, but the Senate may not pass it. This cap even applies to intentional that he is talking about doesn’t include And I would urge them to take it up. acts of misconduct. This bill would un- the right to a jury trial because that is There is a special interest, and it is the fairly limit a patient suing a the Constitution that I read. Trial Lawyers Association. They are healthcare provider for sexual assault, And this piece of legislation, H.R. the ones who will not come out of this as well as a veteran who has received 1215, will threaten that constitutional very well.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.054 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5270 CONGRESSIONAL RECORD — HOUSE June 28, 2017 Mr. Chair, I reserve the balance of I reserve the balance of my time. when we entrust our healthcare to my time. Mr. CONYERS. Mr. Chairman, I yield someone, and there are grave errors. Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume. For the sake of Talia and so many 1 minute to the gentleman from Ten- I just have to add here that H.R. 1215 others like her who have dreams that nessee (Mr. DUNCAN). deeply intrudes on States’ sovereignty. are violated by preventable errors, we Mr. DUNCAN of Tennessee. Mr. In particular, H.R. 1215 preempts State must defeat this bill. Chairman, I rise in opposition to this law governing joint and several liabil- A ‘‘no’’ vote is a vote for the Amer- bill. As the House Liberty Caucus ity, the availability of damages, the ican people. wrote, this bill violates the 10th ability to introduce evidence of collat- Amendment that conservatives have eral source benefits, attorneys’ fees, b 1500 always supported. and periodic payments of future dam- More troubling is the way this bill is ages. Mr. KING of Iowa. Mr. Chairman, I worded. It could lead to what the Lib- Members should not be fooled by as- yield myself 1 minute. erty Caucus describes as a ‘‘massive ex- sertions that the bill preserves State Mr. Chairman, I was a little surprised pansion of Federal authority’’ because law. In fact, the rule of construction to hear that a judge in the State of it could make almost every medical contained in the bill expressly states Washington had ruled that caps are un- malpractice case a Federal case. Every that it preempts State law, except in constitutional. In fact, it is kind of cu- case should not be a Federal case. very limited circumstances where rious to hear the same arguments—or The States have already put pretty State law is more favorable to defend- conflicting arguments coming out of severe limits on medical malpractice ants. the other side. One of them says it is cases. I have two other problems with Mr. Chair, I yield 2 minutes to the the States’ rights to be able to set the this bill. I am in my 29th year in Con- gentlewoman from Washington (Ms. caps. The other one says it is unconsti- gress. The doctors were asking for this JAYAPAL). tutional to set the caps. So I think $250,000 limit then, too. $250,000 29 years Ms. JAYAPAL. Mr. Chair, I thank that conflict, it would be good if that ago is certainly not $250,000 today. the gentleman for yielding. were resolved. Finally, this bill, in the end, is say- Mr. Chair, I rise today to express my I think, in either case, that I disagree ing there are really no limits on suits strong opposition to H.R. 1215. First of with both of those positions, Mr. Chair- against 99.8 percent of the people I rep- all, my home State of Washington is man. resent, but we are going to have special one of those States where our Supreme If a Washington State judge says protection for this one very respected Court has ruled and said that caps are caps are unconstitutional, on what group of people. Conservatives have not constitutional. So this bill is an in- basis? traditionally had more faith in people trusion of our States’ rights. That would say, then, that a State than in government. This bill also clearly puts the inter- legislature couldn’t cap them; Congress I was a judge for 7.5 years before can’t cap them; that this is essentially, coming to Congress. Conservatives ests of big corporations over everyday people and sends a signal to medical then, a function of the courts. used to believe strongly in the jury I remember a decision that came out system, and still should believe in that and health providers that they can act irresponsibly, perhaps to make more of the State of Washington. It was a today. Federal judge that essentially ruled Mr. KING of Iowa. Mr. Chairman, I money, and get away with it. that the President’s executive order yield myself 1 minute. Let me give you a very real example Mr. Chairman, I point out also that of what happens when hospitals put on, let’s say, migrants coming into the this bill keeps these cases in State profit over people. The neurology pro- United States was unconstitutional, court. It doesn’t move them to Federal gram at Swedish Medical Center-Cher- even though Congress specifically court. Previous legislation that has ry Hill in Seattle is under investiga- granted the authority to their Presi- been brought to this floor, a decade or tion for negligent care arising out of a dent. So I am not going to defer to a so ago, did move a lot of these cases to program designed to incentivize neuro- single judge’s opinion in that fashion. Federal court. But it is carefully draft- science doctors to take on heavy case- I would point out, too, that we do ed to keep this with the maximum loads of complicated cases that lead to protect States’ rights. There is provi- amount of respect for States’ rights serious errors and even death. sion in this bill after provision, and it that can be held and still have a Fed- One of the patients was Talia Golden- is titled State Flexibility. Look eral interest. berg, a talented and vibrant young through their and find all the provi- There has to be a Federal interest in woman. Talia went in for a cervical sions of State Flexibility where we re- every dollar involved in this. In every spinal fusion with a neurosurgeon who spect States’ rights. And it is written single case, there has to be Federal dol- had been embroiled in numerous inves- as carefully as it can be to respect the lars involved in it, or this bill wouldn’t tigations. And as a result of gross med- maximum amount of States’ rights. affect it at all. And so I am one who is ical malpractice, Talia died. Mr. Chairman, I reserve the balance also a great respecter of States’ rights. According to a Seattle Times inves- of my time. And in this legislation, as drafted, tigation, numerous problems surfaced Mr. CONYERS. Mr. Chairman, I yield there are provisions in there over and around her care—or lack thereof—and 2 minutes to the gentleman from New over again that protect as many of the attention to the surgery and medical York (Mr. JEFFRIES). States’ rights as can be. And if you complications that arose from it. Mr. JEFFRIES. Mr. Chairman, let’s take the other side of this argument, When Talia went in for her surgery, be clear: this bill has nothing to do then it is far stronger that the right of she was filled with hope. In thinking with litigation reform. It has nothing the Federal Government would be about the life that she might have to do with a good faith attempt to im- usurped by the States if we don’t have after surgery, she wrote this: So who prove our healthcare system. this legislation. am I? I am an artist, a dreamer. I am In fact, this bill was described as That is what is taking place now— a stationary biker. I am a woman, a phase 3 of an effort to improve our States that choose not to make a deci- girl, a person. I am a skier. I am an as- healthcare by the majority leader on sion, not to set caps, and we are seeing piring pole vaulter. I am a reluctant, the other side of the aisle. I put out a huge settlements going on around the yet faithful, believer of the power of search committee. I still can’t find country. This is what we want to end, lucky underwear. I am someone with a phase 1 or phase 2. It has nothing to do so that we can save the $50 to $54 bil- voice. with reforming our healthcare system. lion for the taxpayers. But the thing Talia died. She is one of the many This bill is an unprecedented attack that is even worth more than this is, tragic instances of people losing their on States’ rights. It is a wolf in sheep’s how much of that $650 billion in defen- lives to medical malpractice, and, even clothing. It is a solution in search of a sive medicine will no longer be used in in my own office, two of my staffers problem. It is nothing more than a this country, and how much safer and have lost three of their grandparents reckless legislative joyride guaranteed less expensive will our healthcare be in due to medical malpractice. We have to to crash and burn on the American peo- America? make sure that we have consequences ple.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.056 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5271 This bill, if enacted, will hurt work- Finally, the gentleman from Iowa Union that set the limit where they ing families, middle class people, sen- says it won’t preempt the States, it want Congress to set it for every State, ior citizens, the poor, the sick, the af- will not impose Federal laws because it which is $250,000. They are overriding flicted, veterans, and nursing home is still in the State courts. It is still in the laws of 28 States which allow for residents. the State courts, but Federal law now unlimited damages. The American people deserve a liti- applies. Number two, the gentleman from gation system that works for everyone, There are 28 States which have said Iowa says: Well, a rape is criminal, so not simply the wealthy and the well- that you cannot limit people’s access it is not related. off. The American people deserve a liti- to noneconomic damages when a jury But you can bring civil actions gation system that puts the public’s in- wants to award them those damages against the same conduct that con- terest ahead of special interests. The for pain and suffering. They have ei- stitutes a crime. So if you look at your American people deserve a litigation ther said in their Constitution there own bill, it says any theory of liability, system that promotes public health, can be no limits at all, or the legisla- so that would include intentional acts. not just excessive wealth. tures have said it, or the State su- Now, again, Mr. Chairman, is the ma- This bill fails on all of those counts. preme courts have struck it down. And jority representing that this will not It is mean-spirited, it is cruel, it is their legislation is a bulldozer that will apply to intentional torts? heartless. Mr. Chairman, that is why it run over the laws of 28 States. Because they were very definitive in must be defeated. And they claim, Mr. Chairman, that committee that it would apply to in- Mr. KING of Iowa. Mr. Chairman, I somehow they are acting in the guise tentional torts, including rapes and as- yield myself 15 seconds. of federalism. They are destroying fed- saults. So I would like to know: Does it I would just point out to the body eralism. That is why I was so happy apply or does it not? that I didn’t hear a single fact in the that Mr. DUNCAN, a former State Judge Because this is a critical matter, be- previous 2 minutes. It is all opinion from Tennessee, and a member of the cause people have been—we are not and hurled accusations. But I think it GOP majority, got up to say this is talking about the good doctors. Every- is important for this body to deliberate antithetical to everything they stand body loves the good doctors. We are over the facts themselves, and I have for. talking about doctors or nursing home delivered a lot of that data. Mr. KING of Iowa. Mr. Chairman, I providers or dentists who rape their pa- Mr. Chairman, I reserve the balance yield myself 1 minute. tients and assault their patients. of my time. Mr. Chairman, I would point out, They would be limited—juries could Mr. CONYERS. Mr. Chairman, I yield first of all, the gentleman from Mary- 2 minutes to the gentleman from Mary- try to give millions of dollars, but land must know that this isn’t a crimi- their legislation would limit you to land (Mr. RASKIN), a distinguished nal statute. This is civil law. It doesn’t $250,000 in noneconomic damages. We member of the House Judiciary Com- have anything to do with crime or mittee. have got to clear this up, Mr. Chair- criminal law, so let’s keep our discus- man. Mr. RASKIN. Mr. Chairman, the floor sion to the civil actions that we are leader has invited us to stick to the Mr. KING of Iowa. Mr. Chairman, I discussing here. reserve the balance of my time. facts, so I want to stick to the facts in It is not propaganda. It is facts that Mr. CONYERS. Mr. Chairman, I yield order to clear up some of the propa- we have delivered on this side. So I 1 minute to the gentlewoman from Or- ganda I have heard today for this ter- want to put this into the RECORD ver- egon (Ms. BONAMICI). rible bill. batim, Mr. Chairman. Regarding cases Ms. BONAMICI. Mr. Chairman, I rise First of all, it has nothing to do with of rape or physical abuse, H.R. 1215 today in strong opposition to H.R. 1215, ‘‘groundless cases or frivolous claims,’’ does not cover such cases at all. That a misguided and misnamed bill that because the draconian new limits pro- is because the bill only applies to med- will limit access to justice, especially posed in their legislation applied only ical malpractice claims based on the for women. to valid claims in serious cases. It has provision or use of healthcare services; The bill caps the amount of com- nothing to do with groundless cases and healthcare services are defined in pensation a jury can award to a victim and frivolous claims. That is an irrele- the bill as things related to the diag- who suffers medical injuries, even cata- vant distraction from their own legis- nosis, prevention, or treatment of any strophic injuries, because it creates a lation, which is an attempt to reduce human disease or impairment. what you can recover with a perfectly Clearly, rape or any other physical lifetime cap of $250,000 for noneconomic valid claim when a jury has awarded abuse, and the neglect of basic sanitary damages. you damages. conditions, is not related to the diag- This means that women, or men, for Number two, the floor leader says nosis, prevention, or treatment of any that matter, who are at home raising that it would not apply in the case of human disease or impairment. So in their families, or children who are vic- someone being raped in a nursing cases involving rape or physical abuse tims of devastating medical mal- home. Perhaps he thinks it wouldn’t by anyone, or neglect of basic needs, practice are told that the value of their apply to my constituent, a 15-year-old the bill simply does not apply. injuries and their lives is less than that girl who got raped by her dentist. But it does respect States’ rights. It of their wage-earning counterparts. But as I read the bill, it says, is carefully written to protect States’ That is patently unfair. It dispropor- ‘‘healthcare lawsuit means any action rights. It is a significant and huge im- tionately penalizes people who are fam- against a healthcare provider,’’ and provement upon some efforts we have ily caregivers—a very important job, that includes anyone who is providing seen in the past, and one of those rea- but one that does not involve wages. healthcare. So if a nursing home is pro- sons is because many of us care about Furthermore, many women across viding healthcare or a dentist is pro- States’ rights, and we pay attention to the country have been victims of med- viding healthcare, they would be cov- the Constitution. There is a Federal ical malpractice that has left them un- ered by the law. nexus in everything that goes on here, able to bear children. But I would invite the floor leader to and States are not limited from raising How can we say to these women that clear this up, because if he is rep- caps on economic or noneconomic dam- the loss they have suffered, the loss of resenting now that rapes of patients in ages or lowering those caps. We respect an opportunity to be a mother is with- a nursing home or in a dentist’s office the States in every way possible, and out value? don’t count, that should be definitive still get a positive result out of H.R. That is unacceptable, and it is cruel. legislative history that we establish 1215. Many medical errors are preventable. today because we tried to amend the Mr. Chairman, I reserve the balance We should be focusing on improving pa- bill to that effect in committee and the of my time. tient safety, not taking away rights majority voted it down. But he has just Mr. CONYERS. Mr. Chairman, I yield from victims. represented that a rape would not 30 seconds to the gentleman from I oppose this bill, and I will continue count, and I want him to definitively Maryland (Mr. RASKIN). to fight back against attempts to limit commit whether or not a rape by a Mr. RASKIN. Mr. Chairman, first of access to justice for those who need it healthcare provider would count. all, there are only three States in the most. Please join me in voting ‘‘no.’’

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.058 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5272 CONGRESSIONAL RECORD — HOUSE June 28, 2017 Mr. KING of Iowa. Mr. Chairman, I Americans do, too. Our Founding Fa- cially those who are the most vulner- yield myself 30 seconds. thers believed in it. able among us. It would deny full com- Mr. Chairman, I have heard the gen- Here in America, where we trust ju- pensation for injuries suffered by vet- tleman from Maryland say that this ries to decide life and death for crimi- erans and military families, children, legislation would override the laws of nal defendants, why wouldn’t we trust the elderly, and the poor. 28 States. That was a surprise to me to them to set a proper and fair dollar I hope my colleagues will join us in hear that when I heard the number be- amount on a malpractice case? opposing this very unnecessary, mean- fore Rules Committee, which I think I By definition, these are meritorious spirited bill. actually recall it was 27. But 28, 27, it cases, cases where there was actual Mr. Chairman, I yield back the bal- doesn’t override laws. It is the absence negligence, actual recklessness, actual ance of my time. of laws. intentional harm by healthcare pro- Mr. KING of Iowa. Mr. Chairman, I There are States that don’t have viders or nursing homes. inquire as to the amount of time I have remaining. caps. That is what we are talking b 1515 about here. So it is not overriding The CHAIR. The gentleman from State laws in States where there are no But maybe most importantly, none Iowa has 41⁄2 minutes remaining. laws. It simply is setting a Federal of us, nary a soul in this House would Mr. KING of Iowa. Mr. Chair, I yield foundation and a guideline for them. deny that standing up for veterans and myself the balance of my time. And if I am in a State legislature, I our military families is a core value for First, I say in response to the gen- know I have the authority to raise or all of us. This is a bill that prevents ac- tleman from Maryland’s discussion lower the cap on economic and on non- countability for harm done to military about the States courts that have pro- economic damages, and that my laws and veterans of the VA system. hibited caps. That is one of the reasons are not being overridden, but they are Mr. KING of Iowa. Mr. Chairman, I that we need this legislation, is that being provided by the wisdom of the reserve the balance of my time. you have out-of-control liberal judges American people, then I am going to be Mr. CONYERS. Mr. Chairman, I yield that have decided that even their State thankful I have that to work with until 1 minute to the gentleman from Mary- legislatures can’t pass the laws. They I can amend it. land (Mr. RASKIN). want to come in and preempt the Mr. Chairman, I reserve the balance Mr. RASKIN. Mr. Chairman, I thank states’ rights of we, the people, of the of my time. Mr. CONYERS very much for yielding. individual States who elect their gen- Mr. CONYERS. Mr. Chairman, I refer The good gentleman from Iowa in- eral assemblies to make their deci- my colleague, the floor leader on the vites us to believe that the laws of the sions. other side to section 9 of the bill. We States are not being overridden be- Often, the judges are set in lifetime have just looked at it. cause some of these States don’t have appointments where they are not held Mr. Chairman, I yield 1 minute to the laws. That’s right, because their State accountable, so it would be interesting gentlewoman from California (Ms. supreme courts have said that their to look back into each of these States BARRAGA´ N). constitutions forbid the imposition of a that the gentleman from Maryland has Ms. BARRAGA´ N. Mr. Chairman, I cap on what juries would award people mentioned and address this thing from rise today in opposition to H.R. 1215 who are injured in medical cases. ‘‘we, the people’’ because we, the peo- and to express my extreme concerns So, in Arizona, Arkansas, Kentucky, ple, are the power in this country. Our with this bill. Pennsylvania, and Wyoming, there are rights come from God, and they are I am from California, and I am an at- State constitutional prohibitions ex- vested in we, the people. torney, and I can tell you that this bill plicitly on damage caps. In New York I thought the gentleman from Penn- goes beyond medical malpractice. It and Oklahoma, there are explicit caps sylvania’s look at H.R. 1215 was a real- goes way beyond that. It includes cases on damages in wrongful death cases. ly deft way to focus on this and speak involving unsafe drugs and nursing And in 11 States, State supreme courts about the Magna Carta, but there home abuse and neglect. That is not have struck down statutorily enacted wasn’t anybody back in old England in happening in California. medical malpractice damage caps: Ala- that time that had any shot at filing a If passed, it would prevent cases bama, Florida, Georgia, Illinois, Mis- liability claim, let alone receiving a where seniors have endured tragic souri, New Hampshire, North Dakota, frivolous claim that would make one deaths and injuries, like an 88-year-old South Dakota, Utah, Washington, and individual vastly wealthy at the ex- California woman who was sexually as- Wisconsin. pense of a lot of other folks. So this is saulted by her nursing assistant after Now, what is interesting in my State, something that has accumulated over she suffered a stroke, resulting in life- the 15-year-old girl who was raped by the last 502 years since the Magna long mental and physical pain. her dentist could recover up to $785,000 Carta was signed. Over 80 senior and healthcare groups, because we had a whole special session So I would say this: healthcare costs including the American Association for of our general assembly to arrive at are out of control due in large part to Justice and the California Advocates that figure. But there are other States unlimited lawsuits and other problems for Nursing Home Reform, have come where they said you can’t have any ObamaCare failed to solve or else out against this bill. They recognize limits at all, and those are the States ObamaCare made worse. H.R. 1215 is that we need to protect our vulnerable that are being attacked by this legisla- commonsense litigation reform legisla- seniors. tion because now they are reducing tion that will rein in overly aggressive Mr. Chairman, I urge my colleagues them from potentially $20 million or and healthcare lawsuits while pre- to oppose this bill. $10 million to $200,000, an outrageous serving the ability of plaintiffs to re- Mr. KING of Iowa. Mr. Chairman, I invasion in states’ rights and the cover unlimited economic damages. reserve the balance of my time. rights of juries to decide how people The bill applies only to claims con- Mr. CONYERS. Mr. Chairman, I yield need to be compensated. cerning the provision of healthcare 1 minute to the gentleman from Penn- Mr. CONYERS. Mr. Chairman, I yield goods or services for which coverage is sylvania (Mr. CARTWRIGHT). myself the balance of my time to close. provided in whole or in part by a Fed- Mr. CARTWRIGHT. Mr. Chairman, Numerous consumer, labor, veterans, eral program, a Federal subsidy, or a here we are dealing with some amount and legal groups all oppose H.R. 1215, Federal tax benefit giving it a clear of irony with H.R. 1215. The year 1215 including the AFL–CIO, the American Federal nexus. was the year the Magna Carta was College of Physicians, the Consumers This isn’t criminal legislation. It signed, something that created the Union, Public Citizen, Vietnam Vet- doesn’t address the cases of rape. We seeds of the American right to jury erans of America, 12 other national should arrest those people and lock trial, for Heaven’s sake. veterans organizations, and the Lib- them up in prison and punish them to You know, we were pleased to hear erty Caucus. the max, but it is not the subject of Representative DUNCAN from Tennessee H.R. 1215 is an extremely flawed bill this legislation. say: ‘‘Conservatives believe strongly in that will deny access to justice for vic- So wherever the Federal policy di- the jury system.’’ And I do, too, and tims of medical malpractice and espe- rectly affects the distribution of

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.059 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5273 healthcare, there is a clear Federal in- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. be informed about the maximum award for terest in reducing the cost of such Fed- (a) SHORT TITLE.—This Act may be cited as noneconomic damages. An award for non- eral policy. This bill’s commonsense the ‘‘Protecting Access to Care Act of 2017’’. economic damages in excess of $250,000 shall reforms, which have been the law in (b) TABLE OF CONTENTS.—The table of con- be reduced either before the entry of judg- tents of this Act is as follows: California for over 40 years, are con- ment, or by amendment of the judgment after entry of judgment, and such reduction servatively estimated by CBO to save Sec. 1. Short title; table of contents. Sec. 2. Encouraging speedy resolution of shall be made before accounting for any at least $50 billion. The previous esti- claims. other reduction in damages required by law. mate was $54 billion in Federal Sec. 3. Compensating patient injury. If separate awards are rendered for past and healthcare dollars. At the same time, Sec. 4. Maximizing patient recovery. future noneconomic damages and the com- this bill doesn’t in any way limit com- Sec. 5. Authorization of payment of future bined awards exceed $250,000, the future non- pensation for 100 percent of plaintiffs’ damages to claimants in health care economic damages shall be reduced first. losses. lawsuits. (d) FAIR SHARE RULE.—In any health care As reported in The Washington Post Sec. 6. Product liability for health care lawsuit, each party shall be liable for that last month, the U.S. healthcare spend- providers. party’s several share of any damages only Sec. 7. Definitions. and not for the share of any other person. ing is projected to accelerate over the Each party shall be liable only for the next day. A study by the Centers for Sec. 8. Effect on other laws. Sec. 9. Rules of construction. amount of damages allocated to such party Medicare and Medicaid Services project Sec. 10. Effective date. in direct proportion to such party’s percent- that the average growth in healthcare SEC. 2. ENCOURAGING SPEEDY RESOLUTION OF age of responsibility. Whenever a judgment spending will be even faster between CLAIMS. of liability is rendered as to any party, a sep- 2016 and 2025. The projections are based (a) STATUTE OF LIMITATIONS.—The time for arate judgment shall be rendered against on an assumption that the legislative the commencement of a health care lawsuit each such party for the amount allocated to status quo will prevail. Studies show shall be 3 years after the date of injury or 1 such party. For purposes of this section, the that, as healthcare costs rise, wages year after the claimant discovers, or through trier of fact shall determine the proportion the use of reasonable diligence should have of responsibility of each party for the claim- fall. H.R. 1215 will save billions of dol- ant’s harm. lars in healthcare costs and will, there- discovered, the injury, whichever occurs first. In no event shall the time for com- (e) STATE FLEXIBILITY.—No provision of by, increase wages for workers nation- mencement of a health care lawsuit exceed 3 this section shall be construed to preempt wide. years after the date of injury unless tolled any State law (whether effective before, on, Mr. Chairman, as I look at the pic- for any of the following— or after the date of the enactment of this ture of how I watched this defensive (1) upon proof of fraud; Act) that specifies a particular monetary medicine grow over the years and over (2) intentional concealment; or amount of economic or noneconomic dam- the decades, $650 billion potentially, re- (3) the presence of a foreign body, which ages (or the total amount of damages) that ported by a Newsweek article, in un- has no therapeutic or diagnostic purpose or may be awarded in a health care lawsuit, re- necessary defensive medicine tests that effect, in the person of the injured person. gardless of whether such monetary amount is greater or lesser than is provided for under are done. A doctor that ordered CT Actions by a minor shall be commenced within 3 years from the date of the injury ex- this section. scans in massive numbers in a single cept that actions by a minor under the full SEC. 4. MAXIMIZING PATIENT RECOVERY. day, when I see 97 percent of the MRIs age of 6 years shall be commenced within 3 (a) COURT SUPERVISION OF SHARE OF DAM- just to be sure that the diagnosis of an years of injury, or 1 year after the injury is AGES ACTUALLY PAID TO CLAIMANTS.—In any ACL knee injury is protected in the discovered, or through the use of reasonable health care lawsuit, the court shall supervise case of liability insurance, we are not diligence should have been discovered, or the arrangements for payment of damages to going to see just $50 billion in savings prior to the minor’s 8th birthday, whichever protect against conflicts of interest that here. We are going to see hundreds of provides a longer period. Such time limita- may have the effect of reducing the amount billions of dollars in savings. tion shall be tolled for minors for any period of damages awarded that are actually paid to And as an anesthesiologist told me during which a parent or guardian and a claimants. In particular, in any health care that—he was practicing in Texas— health care provider have committed fraud lawsuit in which the attorney for a party or collusion in the failure to bring an action when Texas passed the law that is claims a financial stake in the outcome by on behalf of the injured minor. virtue of a contingent fee, the court shall roughly a mirror of California law, (b) STATE FLEXIBILITY.—No provision of have the power to restrict the payment of a that his premium as an anesthesiol- subsection (a) shall be construed to preempt claimant’s damage recovery to such attor- ogist was $26,000 a year; and after the any state law (whether effective before, on, ney, and to redirect such damages to the law passed in Texas, it dropped to or after the date of the enactment of this claimant based upon the interests of justice $6,500, exactly one-fourth. A 75 percent Act) that— and principles of equity. In no event shall reduction in that particular case. He is (1) specifies a time period of less than 3 the total of all contingent fees for rep- now practicing in Iowa. Iowa passed years after the date of injury or less than 1 resenting all claimants in a health care law- mirror legislation as well. year after the claimant discovers, or through suit exceed the following limits: the use of reasonable diligence should have Mr. Chairman, I urge all of my col- (1) Forty percent of the first $50,000 recov- discovered, the injury, for the filing of a ered by the claimant(s). leagues to join me in supporting this health care lawsuit; (2) Thirty-three and one-third percent of vital legislation, and I yield back the (2) that specifies a different time period for the next $50,000 recovered by the claimant(s). balance of my time. the filing of lawsuits by a minor; (3) Twenty-five percent of the next $500,000 The CHAIR. All time for general de- (3) that triggers the time period based on recovered by the claimant(s). bate has expired. the date of the alleged negligence; or (4) Fifteen percent of any amount by which Pursuant to the rule, the bill shall be (4) establishes a statute of repose for the the recovery by the claimant(s) is in excess considered for amendment under the 5- filing of health care lawsuit. of $600,000. minute rule. SEC. 3. COMPENSATING PATIENT INJURY. (b) APPLICABILITY.—The limitations in this In lieu of the amendment in the na- (a) UNLIMITED AMOUNT OF DAMAGES FOR AC- section shall apply whether the recovery is ture of a substitute recommended by TUAL ECONOMIC LOSSES IN HEALTH CARE LAW- by judgment, settlement, mediation, arbitra- the Committee on the Judiciary, print- SUITS.—In any health care lawsuit, nothing tion, or any other form of alternative dis- pute resolution. In a health care lawsuit in- ed in the bill, it shall be in order to in this Act shall limit a claimant’s recovery of the full amount of the available economic volving a minor or incompetent person, a consider as an original bill for the pur- damages, notwithstanding the limitation in court retains the authority to authorize or pose of amendment under the 5-minute subsection (b). approve a fee that is less than the maximum rule an amendment in the nature of a (b) ADDITIONAL NONECONOMIC DAMAGES.—In permitted under this section. The require- substitute consisting of the text of any health care lawsuit, the amount of non- ment for court supervision in the first two Rules Committee Print 115–10. That economic damages, if available, shall not ex- sentences of subsection (a) applies only in amendment in the nature of a sub- ceed $250,000, regardless of the number of civil actions. stitute shall be considered as read. parties against whom the action is brought (c) STATE FLEXIBILITY.—No provision of The text of the amendment in the na- or the number of separate claims or actions this section shall be construed to preempt ture of a substitute is as follows: brought with respect to the same injury. any State law (whether effective before, on, (c) NO DISCOUNT OF AWARD FOR NON- or after the date of the enactment of this H.R. 1215 ECONOMIC DAMAGES.—For purposes of apply- Act) that specifies a lesser percentage or Be it enacted by the Senate and House of ing the limitation in subsection (b), future lesser total value of damages which may be Representatives of the United States of noneconomic damages shall not be dis- claimed by an attorney representing a claim- America in Congress assembled, counted to present value. The jury shall not ant in a health care lawsuit.

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AUTHORIZATION OF PAYMENT OF FU- provide or use) health care services or med- have the meanings given such terms in sec- TURE DAMAGES TO CLAIMANTS IN ical products, such as past and future med- tions 201(g)(1) and 201(h) of the Federal Food, HEALTH CARE LAWSUITS. ical expenses, loss of past and future earn- Drug and Cosmetic Act (21 U.S.C. 321(g)(1) (a) IN GENERAL.—In any health care law- ings, cost of obtaining domestic services, and (h)) and section 351(a) of the Public suit, if an award of future damages, without loss of employment, and loss of business or Health Service Act (42 U.S.C. 262(a)), respec- reduction to present value, equaling or ex- employment opportunities, unless otherwise tively, including any component or raw ma- ceeding $50,000 is made against a party with defined under applicable state law. In no cir- terial used therein, but excluding health care sufficient insurance or other assets to fund a cumstances shall damages for health care services. periodic payment of such a judgment, the services or medical products exceed the (13) NONECONOMIC DAMAGES.—The term court shall, at the request of any party, amount actually paid or incurred by or on ‘‘noneconomic damages’’ means damages for enter a judgment ordering that the future behalf of the claimant. physical and emotional pain, suffering, in- damages be paid by periodic payments, in ac- (6) FUTURE DAMAGES.—The term ‘‘future convenience, physical impairment, mental cordance with the Uniform Periodic Pay- damages’’ means any damages that are in- anguish, disfigurement, loss of enjoyment of ment of Judgments Act promulgated by the curred after the date of judgment, settle- life, loss of society and companionship, loss National Conference of Commissioners on ment, or other resolution (including medi- of consortium (other than loss of domestic Uniform State Laws. ation, or any other form of alternative dis- service), hedonic damages, injury to reputa- (b) APPLICABILITY.—This section applies to pute resolution). all actions which have not been first set for tion, and all other nonpecuniary losses of (7) HEALTH CARE LAWSUIT.—The term trial or retrial before the effective date of any kind or nature incurred as a result of the ‘‘health care lawsuit’’ means any health care provision or use of (or failure to provide or this Act. liability claim concerning the provision of (c) STATE FLEXIBILITY.—No provision of use) health care services or medical prod- goods or services for which coverage was pro- this section shall be construed to preempt ucts, unless otherwise defined under applica- vided in whole or in part via a Federal pro- any State law (whether effective before, on, ble state law. gram, subsidy or tax benefit, or any health or after the date of the enactment of this (14) RECOVERY.—The term ‘‘recovery’’ care liability action concerning the provi- means the net sum recovered after deducting Act) that specifies periodic payments for fu- sion of goods or services for which coverage ture damages at any amount other than any disbursements or costs incurred in con- was provided in whole or in part via a Fed- nection with prosecution or settlement of $50,000 or that mandates such payments ab- eral program, subsidy or tax benefit, brought sent the request of either party. the claim, including all costs paid or ad- in a State or Federal court or pursuant to an vanced by any person. Costs of health care SEC. 6. PRODUCT LIABILITY FOR HEALTH CARE alternative dispute resolution system, PROVIDERS. incurred by the plaintiff and the attorneys’ against a health care provider regardless of office overhead costs or charges for legal A health care provider who prescribes, or the theory of liability on which the claim is who dispenses pursuant to a prescription, a services are not deductible disbursements or based, or the number of claimants, plaintiffs, costs for such purpose. medical product approved, licensed, or defendants, or other parties, or the number cleared by the Food and Drug Administra- (15) REPRESENTATIVE.—The term ‘‘rep- of claims or causes of action, in which the resentative’’ means a legal guardian, attor- tion shall not be named as a party to a prod- claimant alleges a health care liability uct liability lawsuit involving such product ney, person designated to make decisions on claim. Such term does not include a claim or behalf of a patient under a medical power of and shall not be liable to a claimant in a action which is based on criminal liability; attorney, or any person recognized in law or class action lawsuit against the manufac- which seeks civil fines or penalties paid to custom as a patient’s agent. turer, distributor, or seller of such product. Federal, State, or local government; or (16) STATE.—The term ‘‘State’’ means each SEC. 7. DEFINITIONS. which is grounded in antitrust. of the several States, the District of Colum- In this Act: (8) HEALTH CARE LIABILITY ACTION.—The bia, the Commonwealth of Puerto Rico, the (1) ALTERNATIVE DISPUTE RESOLUTION SYS- term ‘‘health care liability action’’ means a Virgin Islands, Guam, American Samoa, the TEM; ADR.—The term ‘‘alternative dispute civil action brought in a State or Federal Northern Mariana Islands, the Trust Terri- resolution system’’ or ‘‘ADR’’ means a sys- court or pursuant to an alternative dispute tory of the Pacific Islands, and any other tem that provides for the resolution of resolution system, against a health care pro- health care lawsuits in a manner other than vider regardless of the theory of liability on territory or possession of the United States, through a civil action brought in a State or which the claim is based, or the number of or any political subdivision thereof. Federal court. plaintiffs, defendants, or other parties, or SEC. 8. EFFECT ON OTHER LAWS. (2) CLAIMANT.—The term ‘‘claimant’’ the number of causes of action, in which the (a) VACCINE INJURY.— means any person who brings a health care claimant alleges a health care liability (1) To the extent that title XXI of the Pub- lawsuit, including a person who asserts or claim. lic Health Service Act establishes a Federal claims a right to legal or equitable contribu- (9) HEALTH CARE LIABILITY CLAIM.—The rule of law applicable to a civil action tion, indemnity, or subrogation, arising out term ‘‘health care liability claim’’ means a brought for a vaccine-related injury or of a health care liability claim or action, and demand by any person, whether or not pursu- death— any person on whose behalf such a claim is ant to ADR, against a health care provider, (A) this Act does not affect the application asserted or such an action is brought, wheth- including, but not limited to, third-party of the rule of law to such an action; and er deceased, incompetent, or a minor. claims, cross-claims, counter-claims, or con- (B) any rule of law prescribed by this Act (3) COLLATERAL SOURCE BENEFITS.—The tribution claims, which are based upon the in conflict with a rule of law of such title term ‘‘collateral source benefits’’ means any provision or use of (or the failure to provide XXI shall not apply to such action. amount paid or reasonably likely to be paid or use) health care services or medical prod- (2) If there is an aspect of a civil action in the future to or on behalf of the claimant, ucts, regardless of the theory of liability on brought for a vaccine-related injury or death or any service, product, or other benefit pro- which the claim is based, or the number of to which a Federal rule of law under title vided or reasonably likely to be provided in plaintiffs, defendants, or other parties, or XXI of the Public Health Service Act does the future to or on behalf of the claimant, as the number of causes of action. not apply, then this Act or otherwise appli- a result of the injury or wrongful death, pur- (10) HEALTH CARE PROVIDER.—The term cable law (as determined under this Act) will suant to— ‘‘health care provider’’ means any person or apply to such aspect of such action. (A) any State or Federal health, sickness, entity required by State or Federal laws or (b) OTHER FEDERAL LAW.—Except as pro- income-disability, accident, or workers’ regulations to be licensed, registered, or cer- vided in this section, nothing in this Act compensation law; tified to provide health care services, and shall be deemed to affect any defense avail- (B) any health, sickness, income-disability, being either so licensed, registered, or cer- able to a defendant in a health care lawsuit or accident insurance that provides health tified, or exempted from such requirement or action under any other provision of Fed- benefits or income-disability coverage; by other statute or regulation, as well as any eral law. (C) any contract or agreement of any other individual or entity defined as a health SEC. 9. RULES OF CONSTRUCTION. group, organization, partnership, or corpora- care provider, health care professional, or (a) HEALTH CARE LAWSUITS.—Unless other- tion to provide, pay for, or reimburse the health care institution under state law. wise specified in this Act, the provisions gov- cost of medical, hospital, dental, or income- (11) HEALTH CARE SERVICES.—The term erning health care lawsuits set forth in this disability benefits; and ‘‘health care services’’ means the provision Act preempt, subject to subsections (b) and (D) any other publicly or privately funded of any goods or services by a health care pro- (c), State law to the extent that State law program. vider, or by any individual working under prevents the application of any provisions of (4) CONTINGENT FEE.—The term ‘‘contin- the supervision of a health care provider, law established by or under this Act. The gent fee’’ includes all compensation to any that relates to the diagnosis, prevention, or provisions governing health care lawsuits set person or persons which is payable only if a treatment of any human disease or impair- forth in this Act supersede chapter 171 of recovery is effected on behalf of one or more ment, or the assessment or care of the health title 28, United States Code, to the extent claimants. of human beings. that such chapter— (5) ECONOMIC DAMAGES.—The term ‘‘eco- (12) MEDICAL PRODUCT.—The term ‘‘medical (1) provides for a greater amount of dam- nomic damages’’ means objectively product’’ means a drug, device, or biological ages or contingent fees, a longer period in verifiable monetary losses incurred as a re- product intended for humans, and the terms which a health care lawsuit may be com- sult of the provision or use of (or failure to ‘‘drug’’, ‘‘device’’, and ‘‘biological product’’ menced, or a reduced applicability or scope

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.045 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5275 of periodic payment of future damages, than after the date of the occurrence of the breach The CHAIR. The gentleman from provided in this Act; or or tort or 3 years after the date of the med- Tennessee is recognized for 5 minutes. (2) prohibits the introduction of evidence ical or health care treatment that is the sub- Mr. COHEN. Mr. Chairman, the regarding collateral source benefits, or man- ject of the claim is completed (whichever oc- amendment does even more damage dates or permits subrogation or a lien on col- curs first) except that actions by a minor than the bill does because it makes it lateral source benefits. under the full age of 6 years shall be com- (b) PROTECTION OF STATES’ RIGHTS AND menced within 3 years after the date of the possible that there will be even less OTHER LAWS.—Any issue that is not governed occurrence of the breach or tort, 3 years time for a plaintiff, once they are by any provision of law established by or after the date of the medical or health care aware of their injury, to bring action. under this Act (including State standards of treatment that is the subject of the claim is This is something that lessens the negligence) shall be governed by otherwise completed, or 1 year after the injury is dis- statute of limitations. That is what the applicable State or Federal law covered, or through the use of reasonable bill is trying to do, is to see that less (c) STATE FLEXIBILITY.—No provision of diligence should have been discovered, or people get their opportunity to get to this Act shall be construed to preempt any prior to the minor’s 8th birthday, whichever court, which is what statute of limita- defense available to a party in a health care provides a longer period. Such time limita- tions are intended to do. That is the lawsuit under any other provision of State or tion shall be tolled for minors for any period purpose. Federal law. during which a parent or guardian and a When somebody has been injured SEC. 10. EFFECTIVE DATE. health care provider have committed fraud This Act shall apply to any health care or collusion in the failure to bring an action from a medical malpractice case or lawsuit brought in a Federal or State court, on behalf of the injured minor. negligence from a nursing home, we or subject to an alternative dispute resolu- The CHAIR. Pursuant to House Reso- should encourage people to get relief tion system, that is initiated on or after the lution 382, the gentleman from Texas and let a jury decide. date of the enactment of this Act, except These bills—and I suspect these (Mr. Session) and a Member opposed that any health care lawsuit arising from an amendments because they are aimed at each will control 5 minutes. injury occurring prior to the date of the en- the same thing—are opposed by the The Chair recognizes the gentleman actment of this Act shall be governed by the AFL–CIO; the American Federation of from Texas. applicable statute of limitations provisions State, County, and Municipal Employ- in effect at the time the cause of action ac- Mr. SESSIONS. Mr. Chairman, I am ees; the American Bar Association— crued. pleased to offer this amendment with not exactly a liberal lion—the Center The CHAIR. No amendment to that Dr. MICHAEL BURGESS, also a member for Justice and Democracy; and the Na- of the House Rules Committee, and amendment in the nature of a sub- tional Conference of State Legisla- also a gentleman from my home State stitute shall be in order except those tures. Also, because this is a foray into of Texas. printed in House Report 115–179. Each federalism—unheard of before, making The goal of our amendment is to such amendment may be offered only this a Federal issue, not a State issue— strengthen the underlying legislation in the order printed in the report, by a the Consumer Federation of America, by clarifying the point at which the Member designated in the report, shall the Consumers Unions, Public Citizen, statute of limitations begins to run. be considered as read, shall be debat- and Vietnam Veterans of America. In Texas, the statute of limitations able for the time specified in the report There are many other groups as well. equally divided and controlled by the begins to run from the date the alleged This amendment does more to see proponent and an opponent, shall not negligence occurs or date of last treat- that folks don’t get access to a jury. be subject to amendment, and shall not ment. This is a certain date that does And the irony of it is that the national be subject to a demand for division of not leave room for controversy. I be- Republican effort seems to be to talk the question. lieve aligning the underlying text with badly about Washington and Congress AMENDMENT NO. 1 OFFERED BY MR. SESSIONS this approach will benefit both physi- and drain the swamp and believe in the The CHAIR. It is now in order to con- cians and patients to clarify exactly individuals back home and folks at sider amendment No. 1 printed in where harm might occur. home. House Report 115–179. My amendment clarifies that when Well, the most pure form of justice Mr. SESSIONS. Mr. Chairman, I have the date of the breach or tort is known, comes from a jury where you have a an amendment at the desk. the statute runs from that date. When jury of your peers in your own commu- The CHAIR. The Clerk will designate the date of the breach or tort is not nity who are chosen to determine what the amendment. known, the statute runs from the last happened, to determine the facts, and The text of the amendment is as fol- date of treatment. By this method, cer- to determine the damages. Instead, lows: tainty is provided to defendant, plain- they are proposing that the Repub- Page 1, strike line 7 and all that follows tiff, and the court. Easy understanding. licans in Congress know better what to through page 2, line 18 and insert the fol- For example, if there is a surgical mis- do to put limits on what a jury can lowing: hap, the statute would run from that award their fellow citizens. (a) STATUTE OF LIMITATIONS.— date. On the other hand, if the injury is And they are also putting limitations (1) IN GENERAL.—Except as provided in from the prescription medication over on the statute of limitations and less- paragraph (2), the time for the commence- a long period of time, it would run ment of a health care lawsuit shall be, ening that, and on joint and several li- whichever occurs first of the following: from the date of last treatment. ability, which go toward helping people (A) 3 years after the date of the occurrence I am pleased that the Texas Medical who have gotten judgments be able to of the breach or tort; Association, the Texas Alliance for Pa- collect on judgments, which is so im- (B) 3 years after the date the medical or tient Access, the Health Coalition of portant. A judgment is no good unless health care treatment that is the subject of Liability and Access, as well as the Na- you can collect on it. It is just counter the claim is completed; or tional Physicians’ Council for to what the Republican Party philos- (C) 1 year after the claimant discovers, or Healthcare Policy support this process through the use of reasonable diligence ophy generally is and has been, that I and this amendment. I hope my col- have kind of perceived recently, about should have discovered, the injury. leagues on both sides of the aisle will (2) TOLLING.—In no event shall the time for being against Washington and laws commencement of a health care lawsuit ex- support this commonsense, reasonable coming on down high from Washington, ceed 3 years after the date of the occurrence reform that comes to us today in an D.C. of the breach or tort or 3 years after the date amendment. the medical or health care treatment that is I thank Chairman BOB GOODLATTE b 1530 the subject of the claim is completed (which- from Virginia and his awesome staff for Much of what we heard at our discus- ever occurs first) unless tolled for any of the their work to make sure this amend- sion from a gentleman from West Vir- following— ment and the underlying legislation ginia was about a West Virginia law. (A) upon proof of fraud; conform with their ideas consistent That is what you are supposed to have (B) intentional concealment; or (C) the presence of a foreign body, which with the legislation. is a West Virginia law. Then somebody has no therapeutic or diagnostic purpose or Mr. Chairman, I reserve the balance else talked about a Texas law, and they effect, in the person of the injured person. of my time. are holding up a California law. (3) ACTIONS BY A MINOR.—Actions by a Mr. COHEN. Mr. Chairman, I rise in Each State is supposed to make its minor shall be commenced within 3 years opposition to the amendment. own laws. We have got 50 States. They

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.045 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5276 CONGRESSIONAL RECORD — HOUSE June 28, 2017 talk a lot about the 50 States and the I want to express, Mr. Chairman, how ignee of the gentleman from Texas (Mr. electoral college, and the States have much I appreciate the work that has BURGESS). an important function in our system of been done by so many people and their The CHAIR. The Clerk will designate government. They are supposed to be part in this bill. the amendment. areas where they have provinces and I rise in support of this improving The text of the amendment is as fol- act. Juries, jury trials, and trial amendment—it comes out of the minds lows: courts, that is all State law, and that of Texas, I might add—which would Page 12, line 13, insert after ‘‘goods or serv- should be determined by West Virginia, clarify the timing of the statute of lim- ices’’ the following: ‘‘(including safety, pro- Texas, California, and Florida, not up itations in the provision base of the fessional, or administrative services directly related to health care)’’. here. bill. This bill, when it went through com- Mr. Chairman, I urge the adoption of The CHAIR. Pursuant to House Reso- mittee, passed by one vote because a the Sessions amendment. lution 382, the gentleman from Texas couple of folks—I think it was Judge Mr. SESSIONS. Mr. Chairman, I re- (Mr. SESSIONS) and a Member opposed POE and Judge GOHMERT; I am pretty serve the balance of my time. each will control 5 minutes. sure it was the two of them—two Mr. COHEN. Mr. Chairman, this is an The Chair recognizes the gentleman judges from the State of Texas felt it amendment—a bad amendment—that from Texas. Mr. SESSIONS. Mr. Chairman, I offer went too far in encroaching on the makes a bad bill worse. All those folks my thanks not only to Chairman BOB States’ province dealing with tort law. from Texas ought to be going to Aus- GOODLATTE, but also the distinguished This amendment just goes the same di- tin. Where this belongs is in Austin, gentleman from Iowa (Mr. KING) for his rection. not in Washington. These are State work on behalf of all Members on the This is just unfortunate that what we issues. are trying to do is help, really, insur- We had an amendment that said that floor today, for his work not only for ance companies; it is not so much doc- these defensive measures that you say the Judiciary Committee, but people of tors. Doctors might benefit some, but that they are taking that waste all this faith and confidence that this country it is the insurance companies that money and time, we had an amendment can address the issues and needs. Mr. Chairman, I offer this amend- would benefit the most, and that is that said these caps wouldn’t apply if ment with Dr. MICHAEL BURGESS, who who this is about. you cut off the wrong arm, and you all is also from my home State of Texas as So we oppose the amendment and we wouldn’t take it. So I don’t know how well as a member of the Rules Com- oppose the bill. We support the Amer- many defensive measures they have ican people and the right of the people mittee. got. The goal of our amendment is to and the juries to dispense justice that This is the right arm; this is the left the facts dictate and that justice de- clarify that healthcare liability claims arm. When you go in to do surgery and covered by the legislation include safe- mands. you have to amputate an arm, take off Mr. Chairman, I reserve the balance ty, professional, and administrative the right arm or the left arm, but not services directly related to healthcare. of my time. the wrong arm. If you take off the Mr. SESSIONS. Mr. Chairman, per- In other words, we are bringing in the wrong arm—damages big time. You all haps the debate that the gentleman entire scope, not just necessarily the didn’t accept that amendment. from Iowa (Mr. KING) had was com- medical procedure. This is shutting the courthouse door, pletely clear, which I would disagree I was glad to see that H.R. 1215 closing down juries, and not having with that statement. The gentleman adopts many of the reforms that States faith in the American people to be able from Iowa stated very clearly that across this country have thoroughly to ascertain facts and damages as they there are surgeries, there are proce- tested in their efforts to improve med- have throughout time immemorial. It dures, and there are processes that cost ical liability law, including my home the Federal Government hundreds of is a power grab from Washington. It is State of Texas. millions, and the gentleman even went the swamp draining over to flood the Not all claims asserted against into the billions of dollars, which are State houses of all 50 of our States. healthcare providers arise from the di- Mr. Chairman, I yield back the bal- parts of practices of medicine that doc- rect provision of medical care. My tors do as a defensive part of medicine ance of my time. amendment addresses the full spec- Mr. SESSIONS. Mr. Chairman, I be- to avoid exactly what we are talking trum of healthcare claims by following lieve the gentleman, Mr. KING, has ar- about: getting sued. It is costing the the model that Texas has successfully gued the point very successfully, and Federal Government an enormous implemented. amount of money. that is we believe it is in the best in- Common examples of administrative The gentleman did refer to two Mem- terests of not only the taxpayers, but claims related to healthcare are cases bers of Congress from Texas. We will physicians, physicians who have used for negligence involving credentialing see how they vote. their training, their expertise, and fraud against hospitals and those serv- But the clarifying amendments that their knowledge to perform the nec- ing on their professional committees. we are offering now, amendment No. 1 essary missions that are necessary. In these cases, the plaintiff typically is and amendment No. 2, come directly When those physicians do make mis- not a patient of the physician serving from negotiations with and under- takes—and mistakes will happen—then on the committee; however, there is standing with the Texas Medical Asso- we believe that the rights of those that significant exposure to liability for the ciation and the National Physicians’ are reported in California and Texas physician. Policy Council to ensure that, in fact, would be consistent with those that Safety claims are another necessary the compliance is made that people not would be great for the country. We are component in the scope of this bill. In only in Texas, but also in other States, willing to share, and we appreciate the these cases, a patient’s injury does not would have that would offer a physi- opportunity to present this. arise out of the rendition of healthcare, cian the ability for them to use their Mr. Chairman, I would ask my col- but pertains to the safety of the pa- knowledge, their training, and their ex- leagues to support this amendment tient. pertise as opposed to practicing defen- that I have presented today, and I yield The Texas Medical Association, the sive medicine that harms every single back the balance of my time. Texas Alliance for Patient Access, and taxpayer. That is why we are offering The CHAIR. The question is on the the National Physicians’ Policy Coun- this today. amendment offered by the gentleman cil are among those organizations who I am delighted. I believe what we from Texas (Mr. SESSIONS). not only support this narrowly tailored have done is right. The amendment was agreed to. amendment, but also their support of Mr. Chairman, I yield such time as he AMENDMENT NO. 2 OFFERED BY MR. SESSIONS the entire bill and the inclusions of may consume to the gentleman from The CHAIR. It is now in order to con- this amendment. Iowa (Mr. KING). sider amendment No. 2 printed in Mr. Chairman, I reserve the balance Mr. KING of Iowa. Mr. Chairman, I House Report 115–179. of my time. thank the gentleman from Texas for Mr. SESSIONS. Mr. Chairman, I have Mr. COHEN. Mr. Chairman, I claim yielding. an amendment at the desk as the des- the time in opposition.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.067 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5277 The CHAIR. The gentleman from and we are making it more difficult for ership on the Rules Committee and in Tennessee is recognized for 5 minutes. them to collect. many other ways; and I also thank Dr. Mr. COHEN. Mr. Chairman, I yield That is not what this Congress BURGESS, another gentleman from myself such time as I may consume. should be doing is enriching the Texas on the Rules Committee whose Mr. Chairman, this is called the Pro- wealthy and hurting those who have amendment is being offered by Mr. tecting Access to Care Act, but that is been harmed by negligence. If it is SESSIONS. really a misnomer because the purpose going to happen, it ought to happen in As I listen to this dialogue, Mr. of these amendments in the bill takes the States. So it is an attack on the Chairman, I am just thinking that as a given that there are going to be al- 10th Amendment. States do have rights. They have the legations that doctors, medical device Mr. DUNCAN from Tennessee came right to control any of the healthcare companies—not exactly limited finan- here and gave beautiful testimony services that are funded by individuals cial resources or in potential for about a consistent life protecting the or States. This only affects that be- harm—and nursing homes are going to 10th Amendment, and that is what Mr. cause it has Federal dollars in it. We be alleged to have committed torts GOHMERT and Judge POE also did about drive at a 55-mile-an-hour speed limit against individuals and that when that what is left to the States. That is why because the Federal Government sets happens, if this becomes law, there will this amendment and the bill are both that. be less opportunity for individuals to bad. So I rise in support of this amend- get their day in court. Mr. Chairman, I reserve the balance ment, but the States are not funding Because most people in the United of my time. Medicare, Medicaid, or ObamaCare. States are not wealthy, most of the Mr. SESSIONS. Mr. Chairman, I Mr. COHEN. Mr. Chairman, how people that get injured not being yield myself such time as I may con- much time do I have remaining? wealthy are going to bear the brunt of sume. The CHAIR. The gentleman from this when they don’t get to court with- Mr. Chairman, the gentleman I re- Tennessee has 1 minute remaining. in the statute of limitations or they spect very much, not only the perspec- Mr. COHEN. Mr. Chair, I yield 1 don’t collect because of the joint and tive that the gentleman holds, but per- minute to the gentleman from Iowa several liability changes in the law or haps some of his argument could be (Mr. KING), because I think it helps my they get less with noneconomic dam- true. case. ages because of the $250,000 cap. Mr. Chairman, what we are trying to Mr. KING of Iowa. Mr. Chair, I am Who is going to benefit from this? do is to balance out the opportunity for happy to accept the time from the gen- Who is going to benefit? It is going to the American people to have access to tleman from Tennessee and make the be the person who a jury has found to healthcare where, many items, they point that hasn’t been made very well have been negligent and violated their are denied. here today that—apparently, not well duty of care: a nursing home, a medical I was reminded by the gentleman, the enough or the gentleman wouldn’t have device company, or a physician. They young chairman of the Veterans’ Af- yielded the time to me, I don’t be- are going to have less damages, less fairs Committee, Dr. PHIL ROE, who lieve—where there are Federal dollars judgments against them, and less served his great State of Tennessee and involved, there have been Federal regu- costs. Insurance companies can then the American people as an obstetrician lations that have matched along with make more money, and doctors will and gynecologist, I was reminded of the that. have lesser premiums. facts of the case, as it were, where, We have written all kinds of legisla- Who loses? People who have been in- when Texas passed this, counties all tion in this Congress, a lot of which I jured by medical device defective mer- along our Texas borders received, in- disagreed with. But there was a Fed- chandise, nursing home negligence, or stead of midwives and others who eral nexus, and it hasn’t been litigated medical malpractice. might perform these important serv- successfully time after time after time. We are not talking about limiting ices to deliver babies, all of a sudden We saw ObamaCare itself was liti- damages and the ability to recover by medical professionals, doctors, came gated over and over again and the Su- having a lesser joint and several liabil- into play who had been shut out be- preme Court came down with rulings ity law. We are not talking about peo- cause of the fear of malpractice law- that let that legislation stand. That is ple who have not gotten a judgment. suits against them. Texas added, in the one of the reasons why we have the We are talking about people who have first year, some 4,500 doctors who came angst that we have today. gotten a judgment for negligence. to Texas knowing that it was a level But the case that this usurps States’ Just like the Republican healthcare playing field. rights is thin. It is not without some bill, this gives billions of dollars to the In this case, Mr. Chairman, we are consequence, but it is very thin. We richest people in America with tax cuts arguing that the United States of have gone way over to the other side, at the expense of poor people who get America and the citizens would not and we have written everything that Medicaid, people with disabilities, have to pay outrageous amounts of we can possibly write into this bill that pregnant women, poor people, and sen- money for defensive medicine, whereby respects the rights of States. There is iors in nursing homes. They suffer. physicians, in order to protect them- always a Federal nexus—we can count This is a microcosm of the healthcare selves and to protect themselves in a on that—and it is so small in compari- proposals that the Senate can’t get 50 difficult circumstance, might order, as son to so many other Federal things. votes for—and they didn’t even try for a defensive mechanism, excessive Some of the things in our Federal Gov- 60, which they normally do, because amounts of either X-rays or other pro- ernment are overreach. This is not. they knew it was not going to be that cedures that really cost the govern- This is a minimal, de minimis reach in sufficient, but now they can’t even get ment money instead of providing bet- order to regulate over-the-top trial 50 under reconciliation—and it is a mi- ter healthcare. lawyers, who are the ones who are the crocosm of hurting the poor and en- only losers today, Mr. Chairman. riching the rich. b 1545 Mr. SESSIONS. Mr. Chair, I yield These are cases where there will be This has been an advantage in the back the balance of my time. judgments—juries finding negligence, State of California, and in the State of Mr. COHEN. Mr. Chair, I yield back harm, and damages—if you get to the Texas, where physicians use not only the balance of my time. courthouse on time, and then you their training and their professional The CHAIR. The question is on the won’t be able to collect as much. conduct, but they use what is in the amendment offered by the gentleman So who wins? The rich, the medical best interest of the patient. That is from Texas (Mr. SESSIONS). device companies, the nursing homes, why we are here today. The amendment was agreed to. and the physicians. Who loses? Those Mr. Chair, I yield such time as he AMENDMENT NO. 3 OFFERED BY MR. ROE OF who have suffered, those whom juries may consume to the gentleman from TENNESSEE have found to be victims, and victims Iowa (Mr. KING). The CHAIR. It is now in order to con- who should be able to collect but we Mr. KING of Iowa. Mr. Chair, I thank sider amendment No. 3 printed in are limiting how much they can collect the gentleman from Texas for his lead- House Report 115–179.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.069 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5278 CONGRESSIONAL RECORD — HOUSE June 28, 2017 Mr. ROE of Tennessee. Mr. Chairman, Finally, right when I was leaving Mr. COHEN. Mr. Chair, this is the I have an amendment at the desk. practice in 2008, Governor Haslam Tennessee law. I remember it. It is The CHAIR. The Clerk will designate signed into law some of the best re- probably not such a wonderful law, the amendment. forms we have in Tennessee, in the even in Tennessee, even though some of The text of the amendment is as fol- Tennessee Medical Malpractice Act, us didn’t care because Tennessee is an lows: which created a 60-day notice statute unusual State. Add, at the end of the bill, the following and a certificate of good faith certi- You see it when you go to Rock City. (and amend the table of contents accord- fying a case has merit before it can be From Rock City, you see seven, eight, ingly): filed. or nine States. That is pretty good, SEC. 11. LIMITATION ON EXPERT WITNESS TESTI- In 2011, Governor Haslam then signed even without the help of the Southern MONY. College of Optometry. (a) IN GENERAL.—No person in a health the Tennessee Civil Justice Act into care profession requiring licensure under the law, which contained a restriction on If you are in Memphis, the bill would laws of a State shall be competent to testify who could testify as an expert witness say that you could have an expert from in any court of law to establish the following in medical malpractice litigation. Arlington, Virginia, come to Memphis. facts— Too often, physicians practicing med- That is a long way, yet we are so much (1) the recognized standard of acceptable icine are pitted in litigation against a closer to Springfield, Illinois, or even professional practice and the specialty there- professional witness who has gone to to Dallas, Texas, or we are much closer of, if any, that the defendant practices, medical school but specialized in a dif- to Baton Rouge, where they have got a which shall be the type of acceptable profes- ferent field and wasn’t even licensed to lot of great doctors. Those doctors sional practice recognized in the defendant’s from Baton Rouge could come to Mem- community or in a community similar to the practice in their State or a contiguous defendant’s community that was in place at State. Mr. Chairman, that is absolutely phis. They would be closer to Memphis the time the alleged injury or wrongful ac- wrong. than somebody from Arlington, Vir- tion occurred, The fact is, these changes work. In ginia. (2) that the defendant acted with less than Tennessee, we saw medical malpractice The fact is, the State should decide or failed to act with ordinary and reasonable premiums reduced from 2009 to 2014 by this. Tennessee made this contiguous care in accordance with the recognized between 25 and 40 percent, depending State or your own State law. For Alas- standard, and ka, that means you have got Alaska. (3) that as a proximate result of the de- on the specialty. OBs saw average pre- miums reduced from over $52,000 to just For Hawaii, it means you have got Ha- fendant’s negligent act or omission, the waii. The States should decide who is claimant suffered injuries which would not over $33,000; neurosurgeons saw average premiums reduced from $49,000 to an expert and who isn’t. otherwise have occurred, It also says you have got to be in unless the person was licensed to practice, in $35,000; cardiovascular surgeons saw practice for the previous year. If some- the State or a contiguous bordering State, a their premiums go down from $44,000 to body is not in practice and they are a profession or specialty which would make $31,000. There were other changes that the person’s expert testimony relevant to professor at a medical school and were put into place that helped, includ- the issues in the case and had practiced this maybe the outstanding expert on car- profession or specialty in one of these States ing caps, but the fact was, this change diovascular diseases, and they happen during the year preceding the date that the had a major impact. to be someplace like Harvard, they My amendment follows Tennessee’s alleged injury or wrongful act occurred. wouldn’t be able to go to a State that (b) APPLICABILITY.—The requirements set law and strengthens the changes con- is not contiguous to Massachusetts. If forth in subsection (a) shall also apply to ex- tained in the underlying text of the pert witnesses testifying for the defendant as they weren’t practicing, they wouldn’t bill, H.R. 1215, by adding further re- be able to be an expert at all. rebuttal witnesses. strictions to those individuals who (c) WAIVER AUTHORITY.—The court may These arbitrary time limits, arbi- waive the requirements in this subsection if would qualify as an expert witness for trary requirements, and arbitrary de- it determines that the appropriate witnesses medical malpractice litigation. My mographic limitations are not aimed otherwise would not be available. amendment limits who can be called as at justice or saving costs. They are The CHAIR. Pursuant to House Reso- an expert witness, not only by the indi- aimed at reducing the number of ex- lution 382, the gentleman from Ten- vidual’s professional accreditation, but perts who might be available. nessee (Mr. ROE) and a Member opposed also by his or her geographic location. In a State, it is more difficult to get each will control 5 minutes. The fact is, as Tennessee’s law an expert to come testify because you The Chair recognizes the gentleman proved, we needed medical profes- may get ostracized by your fellow pro- from Tennessee. sionals from the area where the inci- fessionals. It might be easier for a Mr. ROE of Tennessee. Mr. Chairman, dent in question occurred to testify as plaintiff to find an expert from a State I yield myself such time as I may con- an expert, not a foreign jurisdiction that is a little bit of a distance. sume. hundreds of thousands of miles away. If I am not that familiar with Maine. Mr. Chairman, medical malpractice that proves to be impossible, the court Does it touch maybe Vermont and New lawsuits in this country have gotten can waive this requirement if a witness Hampshire? It kind of limits itself, too. out of hand, which is hurting both pro- that fits these criteria is otherwise un- In Tennessee, you would have 9 or 10 viders and patients. Something must available. States; in Alaska, none; Hawaii, none; be done. Mr. Chairman, no one knows the peo- Maine, two. Minnesota has got to be I have spent 31 years practicing medi- ple or healthcare providers in an area limited because we wouldn’t go to Can- cine in Tennessee before coming to better than the people and healthcare ada because that is not part of our sys- Congress. In that time, I saw my med- providers in that area. Whether testi- tem. ical malpractice insurance premiums fying for the plaintiff or defendant, it Of course, this isn’t really part of our increase from $4,000 a year to over is important that those individuals system either because our system is a $50,000 a year, by the time I left prac- called as experts really know the peo- Federal system, where we give States tice. ple in the area and aren’t simply flown the right to make these decisions and Why were the premiums so expen- in from a faraway place just to get a not make them up in Washington with sive? My practice group took everyone: paycheck. a one-size-fits-all way to stop people private insurance, Medicare, Medicaid, We all want improved quality and who have been damaged by medical TRICARE, and the uninsured. Some lower costs of care. Reforming the liti- malpractice, medical device defects, or practices limit their patient popu- gation process is a step in the right di- nursing home negligence from getting lations, but when you are in rural Ap- rection. whole compensation. palachia, you take all comers. Mr. Chairman, I encourage Members We put a limit from Washington on The reality is, when you are taking to support my amendment, and I re- the old person who is being taken ad- care of patients with elevated risk, you serve the balance of my time. vantage of by some individual in a get more frequent negative outcomes, Mr. COHEN. Mr. Chairman, I claim nursing home or some individual who increasing your risk for lawsuits, and the time in opposition. has been given a defective valve in this creates an issue for patient access The CHAIR. The gentleman from their heart because of a medical device to care. Tennessee is recognized for 5 minutes. problem.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.072 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5279 We in Washington, under this bill, old constitutional convention delegate: AMENDMENT NO. 4 OFFERED BY MR. HUDSON think we know more than what a jury Don’t go down rabbit trails. The gen- The CHAIR. It is now in order to con- should know about the effects and the tleman from Iowa is throwing rabbit sider amendment No. 4 printed in damages when that person testifies in trails out there, and I am not going to House Report 115–179. that courtroom in front of that jury go down one. Mr. HUDSON. Mr. Chair, I have an and before that judge and have their The fact is, this is a State issue that amendment that the desk. damages proven. You can see that indi- should be determined by the States and The CHAIR. The Clerk will designate vidual and know the harm they have should be determined by judges and ju- the amendment. been caused, but their damages are rors in their jurisdiction who see the The text of the amendment is as fol- going to be limited because of some- defendant and see the plaintiff with lows: thing that goes on here in Washington, their own eyes and determine the facts Add, at the end of the bill, the following: D.C. as the facts dictate and justice de- SEC. 11. COMMUNICATIONS FOLLOWING UNAN- That is something the other side ar- mands, is what we hear and what we TICIPATED OUTCOME. gues against constantly. They say live by in jury cases. That is what we (a) PROVIDER COMMUNICATIONS.—In any things should be decided back home in should live by in Washington in deter- health care liability action, any and all the States—things like voting rights mining what damages are, and not statements, affirmations, gestures, or con- and trying to limit the opportunity for making the decisions up here in Wash- duct expressing apology, fault, sympathy, people in the Justice Department to ington, D.C. commiseration, condolence, compassion, or a see to it that people get a chance to This is a bad amendment. It is a bad general sense of benevolence which are made by a health care provider or an employee of vote. They say that States’ rights are bill. It is contrary to the mantra that primary when it suits their purposes. a health care provider to the patient, a rel- you normally hear from the other side. ative of the patient, or a representative of In Tennessee, the doctors own the Mr. Chairman, I yield back the bal- medical malpractice insurance com- the patient and which relate to the discom- ance of my time. fort, pain, suffering, injury, or death of the pany. I think it has the word ‘‘Volun- Mr. ROE of Tennessee. Mr. Chairman, patient as the result of the unanticipated teer’’ in it. It is the doctors who own it. I wish the damages did go to patients outcome of medical care shall be inadmis- So they will be direct beneficiaries. in Tennessee. They don’t. The majority sible for any purpose as evidence of an ad- Mr. Chairman, I reserve the balance goes to lawyers. mission of liability or as evidence of an ad- of my time. mission against interest. Mr. Chairman, I yield the balance of Mr. ROE of Tennessee. Mr. Chairman, (b) STATE FLEXIBILITY.—No provision of where the subsidies were going in our my time to the gentleman from Kansas this section shall be construed to preempt State were to the lawyers, since they (Mr. MARSHALL), my good friend and a any State law (whether effective before, on, got over 60 percent of any medical mal- fellow OB/GYN. or after the date of the enactment of this practice settlement. The poor patients b 1600 Act) that makes additional communications inadmissible as evidence of an admission of got less than forty cents on the dollar. Mr. MARSHALL. Mr. Chairman, I liability or as evidence of an admission Mr. Chairman, I yield 1 minute to the rise in support of this amendment of- against interest. gentleman from Iowa (Mr. KING). fered by gentleman from Tennessee. SEC. 12. EXPERT WITNESS QUALIFICATIONS. Mr. KING of Iowa. Mr. Chairman, I Like Dr. ROE, I, too, have been an OB– (a) IN GENERAL.—In any health care law- thank Dr. ROE, the gentleman from GYN. suit, an individual shall not give expert tes- Tennessee, for bringing this amend- The standard of care is defined by timony on the appropriate standard of prac- ment. local physicians. Let me say that tice or care involved unless the individual is Looking at the language here, it is again. The standard of care should be licensed as a health professional in one or interesting that the concern was that more States and the individual meets the defined by local physicians, and how the witnesses may not be available following criteria: medicine is practiced may vary from within a large State. I notice, as I read (1) If the party against whom or on whose location to location. No matter what, the language, that unless the person behalf the testimony is to be offered is or all physicians, especially in rural set- was licensed for practice in the State claims to be a specialist, the expert witness tings, don’t have access to all the lux- shall specialize at the time of the occurrence or a contiguous border State—that is uries in tertiary centers. Demanding that is the basis for the lawsuit in the same pretty good. If you are Hawaii, maybe that experts representing either side of specialty or claimed specialty as the party not so good. But Dr. ROE, typical to his a dispute practice medicine in the against whom or on whose behalf the testi- style, anticipated these things by put- mony is to be offered. If the party against State of jurisdiction is just common ting the waiver authority in the last whom or on whose behalf the testimony is to sense. provision in the amendment, which be offered is or claims to be a specialist who Mr. ROE of Tennessee. Mr. Chair, I says: ‘‘The court may waive the re- is board certified, the expert witness shall be yield back the balance of my time. quirements in this subsection if it de- a specialist who is board certified in that specialty or claimed specialty. termines that the appropriate wit- Mr. BUCSHON. Mr. Chair, as a physician I have seen firsthand how frivolous lawsuits (2) During the 1-year period immediately nesses otherwise would not be avail- preceding the occurrence of the action that able.’’ against experienced physicians have hindered the health care system and increased costs to gave rise to the lawsuit, the expert witness So this is a sound, well thought-out shall have devoted a majority of the individ- directive that ensures that we have a all patients. ual’s professional time to one or more of the high level of professionalism. It is imperative we address this through following: When the gentleman earlier talked common sense legislation. (A) The active clinical practice of the same about a jury of your peers, what about This amendment would require expert wit- health profession as the defendant and, if the having professionals who are highly nesses in medical malpractice negligence defendant is or claims to be a specialist, in credentialed that do understand the lo- cases to have practiced in the same specialty the same specialty or claimed specialty. (B) The instruction of students in an ac- cality and the normal practices within and geographical area as the physician de- fendant. credited health professional school or ac- the region? credited residency or clinical research pro- So not only do I support this amend- This limitation ensures that the expert wit- gram in the same health profession as the ment, but I encourage its adoption. It ness has the qualified experience with and defendant and, if the defendant is or claims requires expert witnesses to have knowledge of the standard of care recognized to be a specialist, in an accredited health knowledge of the standard of care in in their local communities. I was a heart sur- professional school or accredited residency their local communities. It is a com- geon. I was not qualified to testify in a derma- or clinical research program in the same spe- monsense amendment, and I urge its tology case. cialty or claimed specialty. I ask my colleagues to join me in voting yes (3) If the defendant is a general practi- adoption. tioner, the expert witness shall have devoted on Dr. ROE’s amendment and the Protecting Mr. COHEN. Mr. Chair, I yield myself a majority of the witness’s professional time such time as I may consume. Access to Care Act. in the 1-year period preceding the occurrence Mr. Chair, I was going to try to find The CHAIR. The question is on the of the action giving rise to the lawsuit to that language. amendment offered by the gentleman one or more of the following: Years ago, a trial lawyer named J.D. from Tennessee (Mr. ROE). (A) Active clinical practice as a general Lee told me when I was just a 28-year- The amendment was agreed to. practitioner.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.074 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5280 CONGRESSIONAL RECORD — HOUSE June 28, 2017 (B) Instruction of students in an accredited statute of repose expiring as to any claim- care for patients, which ought to be health professional school or accredited resi- ant, shall be exempt from compliance with our goal in the end. dency or clinical research program in the this section. Mr. Chairman, I reserve the balance same health profession as the defendant. (c) STATE FLEXIBILITY.—No provision of of my time. (b) LAWSUITS AGAINST ENTITIES.—If the de- this section shall be construed to preempt Mr. COHEN. Mr. Chairman, I rise in any State law (whether effective before, on, fendant in a health care lawsuit is an entity opposition to my friend’s amendment. that employs a person against whom or on or after the date of the enactment of this whose behalf the testimony is offered, the Act) that establishes a different time period The CHAIR. The gentleman from provisions of subsection (a) apply as if the for the filing of written notice. Tennessee is recognized for 5 minutes. Mr. COHEN. Mr. Chairman, this person were the party or defendant against The CHAIR. Pursuant to House Reso- amendment prohibits the introduction whom or on whose behalf the testimony is lution 382, the gentleman from North offered. of apologies as evidence of liability, Carolina (Mr. HUDSON) and a Member (c) POWER OF COURT.—Nothing in this sub- imposes on States the qualifications opposed each will control 5 minutes. section shall limit the power of the trial for expert witnesses in a healthcare The Chair recognizes the gentleman court in a health care lawsuit to disqualify lawsuit, requires plaintiffs to obtain a an expert witness on grounds other than the from North Carolina. Mr. HUDSON. Mr. Chairman, access certificate of merit from a healthcare qualifications set forth under this sub- professional in order to pursue a section. to a fair and just court system is a healthcare lawsuit, and has a 90-day (d) LIMITATION.—An expert witness in a vital part of the makeup of the United pre-suit notification requirement. health care lawsuit shall not be permitted to States. It is important that courts are testify if the fee of the witness is in any way This amendment is very, very dif- used to seek justice, not for the finan- ficult in that it says that, if you apolo- contingent on the outcome of the lawsuit. cial benefit of lawyers looking to take (e) STATE FLEXIBILITY.—No provision of gize, a doctor apologizes, the hope is this section shall be construed to preempt advantage of patients. Basic protec- that the doctor can apologize and the any State law (whether effective before, on, tions these amendments provide from patient may think: Oh, he apologized. or after the date of the enactment of this frivolous lawsuits will provide peace of That is nice. I won’t sue him. But then Act) that places additional qualification re- mind for the vast majority of physi- if you decide to sue him or her, you quirements upon any individual testifying as cians who work so hard to protect and an expert witness. can’t put that apology in evidence heal their patients. against him. So it is kind of maybe SEC. 13. AFFIDAVIT OF MERIT. Patients in States that have enacted crocodile tears, a crocodile apology. (a) REQUIRED FILING.—Subject to sub- comprehensive medical liability reform section (b), the plaintiff in a health care law- But it also requires a plaintiff to get have seen their healthcare costs de- a certificate of merit from a healthcare suit alleging negligence or, if the plaintiff is crease and their access to quality med- represented by an attorney, the plaintiff’s professional to pursue a healthcare attorney shall file simultaneously with the ical care increase. Enacting these re- lawsuit—not from a lawyer, but from a health care lawsuit an affidavit of merit forms at the Federal level will benefit healthcare professional. You have got signed by a health professional who meets patients nationwide. to go to the fraternity to sue a fellow the requirements for an expert witness under All provisions within this amend- fraternity brother. That is a strange section 14 of this Act. The affidavit of merit ment defer to State laws and directly one. shall certify that the health professional has address the issues covered. This amendment would add numer- reviewed the notice and all medical records The first provision is called the Sorry ous problematic provisions that signifi- supplied to him or her by the plaintiff’s at- Provision. This provision would allow a cantly expand this bill beyond what torney concerning the allegations contained physician to apologize to a patient for in the notice and shall contain a statement was even discussed in the Judiciary of each of the following: an unintended outcome without having Committee and in Rules, and it vio- (1) The applicable standard of practice or that apology count against them in a lates State sovereignty, all without care. court of law. Thirty-two States plus any proper legislative vetting before (2) The health professional’s opinion that the District of Columbia have an apol- coming to the floor. This is the first I the applicable standard of practice or care ogy provision in place. have seen it or I think anybody has was breached by the health professional or The second issue in this amendment seen this proposal—not necessarily reg- health facility receiving the notice. is Notice of Intent. This provision ular order. (3) The actions that should have been would require a plaintiff to provide a Its apology provision is overly broad taken or omitted by the health professional notice of intent to the physician 90 or health facility in order to have complied and undermines the legal right of pa- with the applicable standard of practice or days before a lawsuit is filed. Cases are tients. This provision states any apol- care. often settled before reaching a verdict, ogy by a healthcare provider given to a (4) The manner in which the breach of the and this provision would encourage set- patient or their family is inadmissible standard of practice or care was the proxi- tlement before court proceedings for any purpose as evidence of liability mate cause of the injury alleged in the no- begin. or an admission against interest. If it tice. The third provision is Affidavits of is a true apology, it should be admit- (5) A listing of the medical records re- Merit. This provision would require a ted, but it won’t be. viewed. plaintiff to have a physician in the The purpose of so-called apology laws (b) FILING EXTENSION.—Upon motion of a party for good cause shown, the court in same specialty as the defendant physi- that occur sometimes at the State which the complaint is filed may grant the cian to sign an affidavit certifying the level, which is where they should be, is plaintiff or, if the plaintiff is represented by merits of the case before the lawsuit to encourage a doctor to apologize to an attorney, the plaintiff’s attorney an addi- could be brought to court. Twenty- the patient for any harm while pre- tional 28 days in which to file the affidavit seven States have some form of affida- serving that patient’s ability to offer required under subsection (a). vits of merit, though the standards evidence of wrongdoing. Yet this (c) STATE FLEXIBILITY.—No provision of vary from State to State. amendment upends this balance by pro- this section shall be construed to preempt The final provision in the amend- hibiting the admission of all expres- any State law (whether effective before, on, ment is Expert Witness Qualifications. or after the date of the enactment of this sions of empathy or apology for any Act) that establishes additional require- This provision would require that any purpose of evidence or admission of li- ments for the filing of an affidavit of merit expert witness called to testify during ability. or similar pre-litigation documentation. a trial would need to meet the same li- This overbroad language undermines SEC. 14. NOTICE OF INTENT TO COMMENCE LAW- censing requirements as the defendant the patient’s ability to offer evidence SUIT. physician. Forty-eight States plus the that he or she was harmed by wrong- (a) ADVANCE NOTICE.—A person shall not District of Columbia have some form of doing. By making inadmissible admis- commence a health care lawsuit against a expert witness qualification, though sions of fault by the provider, the health care provider unless the person has the standards vary from State to amendment goes further than many given the health care provider 90 days writ- State laws that do not prohibit admis- ten notice before the action is commenced. State. (b) EXCEPTIONS.—A health care lawsuit So you see, these are very common- sions of fault and would still allow against a health care provider filed within 6 sense provisions. They are provisions apology evidence to be used for pur- months of the statute of limitations expiring that many States already have, and poses other than proving liability, such as to any claimant, or within 1 year of the they will lead to lower costs and better as impeaching a witness.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.047 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5281 Second, the amendment imposes The States, not Congress, should de- specific. If you are talking about a highly restrictive expert witness quali- termine the qualifications for appear- cardiothoracic event, you need a fications on State courts, which we ing as an expert witness in State court cardiothoracic surgeon to discuss that. just discussed with Mr. ROE’s amend- proceedings, determine the appropriate A lot of these speciality fields, it is im- ment. This amendment requires the ex- uses of apology evidence, and decide portant that you have someone from pert witness to be an exact carbon copy whether certificates are proper or not. that field as an expert. of the defendant. The expert must For these reasons, I, unfortunately, Frankly, there are folks out there teach or practice in the same specialty have to oppose the amendment by my who have the profession of being pro- and must have been doing so at the good friend Mr. HUDSON, who is a great fessional witnesses. They travel around time of the occurrence that forms the Tar Heel. the country and testify on behalf of the basis of the lawsuit and for 1 year pre- I yield back the balance of my time. plaintiff bar. Frankly, I think we need ceding the occurrence. Mr. HUDSON. Mr. Chairman, may I to have experts testifying that are Under this provision, someone with ask how much how time I have remain- qualified to talk about those very spe- 30 years of professional experience may ing. cific cases that they are testifying not qualify; whereas, a person with 1 The CHAIR. The gentleman from against. year of experience could qualify as an North Carolina has 3 minutes remain- The other thing that was raised is expert. Indeed, this rule excludes re- ing. that the 90-day notice is an unfair bur- tired professionals, many academics, Mr. HUDSON. Mr. Chairman, I yield 1 den on a patient. Frankly, I believe and researchers from testifying as ex- minute to the gentleman from Iowa that having a little bit of time where perts. It should be up to a judge in the (Mr. KING). individuals can talk could actually courtroom or to a State that has prov- Mr. KING of Iowa. Mr. Chairman, I help that patient get to a settlement, ince over this jurisdiction, not the Fed- thank the gentleman for yielding time get some redress earlier. eral Government. to me. I don’t think you are delaying any Third, this amendment imposes fur- Mr. Chairman, I rise in support of kind of justice for individuals, but I ther burdens on injured plaintiffs be- this improving amendment which think it is important that there is no- yond the already onerous requirements would save even more Federal taxpayer tification time, there is time for both of the underlying bill before they can dollars by requiring the filing of affida- parties to communicate. I think, in the even file a lawsuit. The amendment re- vits of merit from an appropriately end, you might end up having justice quires an injured patient to obtain a qualified specialist, requiring that ex- delivered much quicker than going certificate from a healthcare profes- pert witnesses have speciality back- through a lengthy trial that could have sional attesting to the legal merit of grounds relevant to the case, allowing been avoided if you had a notice in the the case. This requires injured plain- doctors to apologize without fear of beginning. tiffs to find a healthcare professional, penalty, and requiring a 90-day cooling- This amendment simply is seeking to not a lawyer, to evaluate the legal off period before lawsuits can be filed provide justice for those who deserve it merits of the case at the time of fil- to facilitate voluntary settlements. much more quickly with much less ex- ing—closed frat house. I urge its adoption by the House, and pense, but also to preserve our Certificates of merit are a costly, un- I would point out that, as the gen- necessary obstacle and only serve to healthcare system. tleman from Tennessee referred to a Mr. Chairman, I urge my colleagues block injured plaintiffs access to the fraternity of healthcare professionals courts. There is little proof that such to support this amendment, and I yield as if somehow they couldn’t come to an back the balance of my time. requirements reduce frivolous litiga- objective decision on their own profes- tion or costs to medical providers, and The CHAIR. The question is on the sion, there has to be a fraternity of certainly they don’t help people who amendment offered by the gentleman lawyers that are making these deci- have been harmed by negligent treat- from North Carolina (Mr. HUDSON). sions for all of America right now. ment. The question was taken; and the This requirement overrides State su- What we are seeking to do today is to Chair announced that the ayes ap- preme court decisions in Arizona, Ar- bring this back to common sense, bring peared to have it. kansas, Ohio, Oklahoma, and Wash- it back to we the people, keep it within Mr. COHEN. Mr. Chairman, I demand ington, which held that similar lawsuit the bounds of the Constitution, and re- a recorded vote. certification laws violated their State duce the cost of healthcare across The CHAIR. Pursuant to clause 6 of constitutions. America $54 billion, and we are looking rule XVIII, further proceedings on the The amendment also requires an in- at a potential for $650 billion a year. amendment offered by the gentleman jured plaintiff to provide a healthcare Mr. Chairman, I urge its adoption. from North Carolina will be postponed. provider 90 days’ written notice before Mr. HUDSON. Mr. Chairman, I thank AMENDMENT NO. 5 OFFERED BY MR. BARR commencing the lawsuit. This notice the gentleman for his leadership on The CHAIR. It is now in order to con- requirement is another unnecessary this issue, and I also would like to ex- sider amendment No. 5 printed in hurdle intended to increase the cost of press my appreciation to my colleague House Report 115–179. litigation for injured plaintiffs and dis- from Tennessee. Mr. BARR. Mr. Chair, I have an We all care about patients and we all suade them from filing suit. There is amendment at the desk. scant evidence that such notice reduces care about patients seeking justice, but The CHAIR. The Clerk will designate frivolous litigation or facilitates the I just think maybe we disagree how to the amendment. compensation of the injured party. get there at this point. The text of the amendment is as fol- The one point he raised about the Finally, the amendment represents lows: the extreme intrusion on States’ crocodile tears, the way he describes the Sorry Provision, look, doctors are Add, at the end of the bill, the following rights, which this whole bill does, and (and amend the table of contents accord- is such a flip from the normal Repub- human beings and sometimes things ingly): lican thought processes. happen. It should be appropriate for a SEC. 11. AFFIRMATIVE DEFENSE. Each previously described provision physician to be able to express those (a) IN GENERAL.—In the case of a health includes the so-called State flexibility feelings that they are sorry that that care lawsuit, it shall be an affirmative de- provisions in an attempt to brush off happened without that being seen as fense to any health care liability claim al- federalism concerns that these provi- some sign that there is guilt involved. leged therein that the defendant complied sions are mostly one-way preemptive. So I think the Sorry Provision is im- with a clinical practice guideline that was They only preserve State laws that portant because the doctor-patient re- established, published, maintained, and up- mirror the amendments’ requirements lationship is very important, and these dated on a regular basis by an eligible profes- and State laws which include require- are human beings. sional organization and that is applicable to the provision or use of health care services ments in addition to those imposed by The other argument that was raised, or medical products for which the health the amendment. While it preserves that it is an undue burden to have to care liability claim is brought. State notice requirements, it overrides have an expert witness, listen. A lot of (b) DEFINITIONS.—For purposes of this sec- State laws that do not have such. these cases are very detailed and very tion:

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.077 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5282 CONGRESSIONAL RECORD — HOUSE June 28, 2017 (1) CLINICAL PRACTICE GUIDELINE.—The proven modes of care.’’ By promoting In the healthcare bill, we talk about term ‘‘clinical practice guideline’’ means adherence to clinical practice guide- less opportunity because of diminution systematically developed statements based lines that are already maintained by in Medicaid for the poor, disabled, sen- on the review of clinical evidence for assist- medical specialty groups, this amend- iors, and pregnant women to get ing a health care provider to determine the appropriate health care in specific clinical ment would encourage physicians to healthcare. Here, we are talking about circumstances. provide higher quality care, while re- people who have been injured—actu- (2) ELIGIBLE PROFESSIONAL ORGANIZATION.— ducing medical errors and waste. ally, in fact, injured. And we are saying The term ‘‘eligible professional organiza- Several States have already adopted that a medical society’s rule should be tion’’ means a national or State medical so- safe harbor legislation and have sig- an affirmative defense, no matter ciety or medical specialty society. nificantly lowered the length and costs where they are. We limit the experts The CHAIR. Pursuant to House Reso- associated with medical malpractice you can have, and we limit the dam- lution 382, the gentleman from Ken- cases. My amendment would build on ages you can collect. tucky (Mr. BARR) and a Member op- the success of State safe harbor laws And this isn’t to some specious posed each will control 5 minutes. by expanding it to a national level, group. This is to people who have actu- The Chair recognizes the gentleman while not infringing on States’ ability ally been injured, and the juries in from Kentucky. to implement additional tort reform. their home districts have found them Mr. BARR. Mr. Chairman, I first Americans deserve healthcare reform to be plaintiffs who proved by a prepon- want to commend Chairman GOOD- that will help lower the cost of care derance of the evidence that the de- LATTE and Congressman KING and oth- and protect the sacred doctor-patient fendant tort fees, or doctor, nursing ers who worked on H.R. 1215, the Pro- relationship. The current reforms with- home, or medical device company, tecting Access to Care Act, which aims in H.R. 1215 are an important first step breached the standard of care to which to address the real problem of junk to reducing the high costs of medical they were held to. It is giving them lawsuits in the context of medical care. malpractice claims. My amendment protections of the law given by Wash- Seventy-five percent of the doctors will further strengthen this legislation ington, almighty Washington. will face a malpractice lawsuit over to promote affordable evidence-based Once again, I submit to you that the the course of their careers, and many patient care, reduce defensive medi- swamp is not being drained but is over- of these claims are frivolous, which cine, and allow health professionals to flowing to flood the courthouses and drives up the cost of healthcare, en- focus on patients’ actual needs. not allow justice to come to those who courages defensive medicine, and con- Mr. Chairman, I reserve the balance have been harmed by negligence. For tributes to the Nation’s severe short- of my time. time and memorial, it has been the age of doctors and nurses, especially in Mr. COHEN. Mr. Chairman, I claim province of the States, the Tenth high-risk areas such as obstetrics, neu- the time in opposition to my friend’s Amendment. Tort liability and court rosurgery, and emergency medicine. misguided amendment. systems should be determined by legis- We need to enact sensible medical The Acting CHAIR (Mr. COLLINS of lators and bar associations, maybe malpractice reform, and given the Georgia). The gentleman from Ten- medical societies, but back home, not national medical specialty societies or clear Federal interest in reducing tax- nessee is recognized for 5 minutes. national medical societies as defenses, payer costs wherever Federal policy af- Mr. COHEN. Mr. Chairman, this is in- which is what this particular amend- fects the distribution of healthcare, I congruous with the rest of the discus- sion we have had. It is consistent in ment brings forth. support H.R. 1215. I heard my friend from Tennessee say However, H.R. 1215 does not go far that it is an attempt to say that people who have been harmed won’t be able to that in Tennessee, 60 percent of the enough to discourage the practice of verdicts go to lawyers. That is not defensive medicine, the provision of recover, and it makes it harder to re- cover; and it protects the physicians— true. He first talked about a law passed health services, tests, and procedures in 2008, that limits attorneys’ fees. So designed to shield the provider from and the people—who basically are de- termined to have been negligent. since then, it certainly has not been 60 legal liability but which may not be percent, and even before then it wasn’t medically necessary or in the best in- But, it says that, it is an affirmative defense to any healthcare liability 60 percent. The typical contingency fee terests of the patient. is a third, and nothing if you don’t win, Defensive medicine is a major driver claim—that is not just to a doctor. A healthcare liability claim could be to a and there are great expenses incurred. of healthcare costs and also reduces This is closing the courthouse door nursing home or a medical device com- the quality of patient care. to injured parties who juries have pany—where the defendant complied found to be injured and limiting their b 1615 with a clinical practice guideline devel- access to recovery. This allows a na- In that spirit, I offer this amend- oped by a national or State medical so- tional medical society to be a part of a ment, which would expand upon the re- ciety or medical specialty society that fraternity to give an affirmative de- forms in H.R. 1215, to protect physi- is applicable. fense to another frat brother. cians from frivolous lawsuits, while They have just argued that for the I oppose the amendment, I oppose the promoting the practice of evidence- plaintiff to have an expert witness, bill, and I am in favor of an open and based medicine to lower costs and im- that expert witness has to come from free court system that punishes mal- prove healthcare quality. the State where the action is brought, feasance and rewards those who have My amendment offers a legal safe or a contiguous State. But, for the de- been injured by people who do not prac- harbor in the form of an affirmative de- fendant, you can have a national prac- tice up to the standard of care that is fense for defendants who can show that tice guideline as an affirmative de- dictated for them in their own State. they adhered to clinical practice guide- fense. So when you are in Memphis, Mr. Chairman, I reserve the balance lines in their area of medical practice. you can’t get an expert witness from of my time. Rather than Washington-based care, Harvard or the University of Michigan Mr. BARR. Mr. Chairman, in brief re- the guidelines would be developed by or the University of Southern Cali- sponse to my friend from Tennessee, the physician community-based on the fornia because those States aren’t con- the safe harbor legislation would not best available scientific evidence. This tiguous, but the physician could get a supplant the standard of care, but it allows doctors to focus on practicing medical society’s or a national soci- would allow for evidence-based medi- medicine and improves healthcare ety’s perspective and have it be an af- cine to improve healthcare quality. quality by encouraging the practice of firmative offense. Those standards would be developed by evidence-based, not defensive medicine. It is inconsistent. The whole purpose local doctors participating in their A New England Journal of Medicine of this law is inconsistency, to give an medical societies. study on clinical practice guidelines advantage to those who have much and Mr. Chairman, I yield to the gen- and tort reform stated that ‘‘Safe har- who do harm at the expense of those tleman from Iowa (Mr. KING), my bor rules hold promise for realigning who have been harmed and have less. friend. legal incentives with good medical We see this continual attack on the Mr. KING of Iowa. Mr. Chairman, I practice and promoting fast uptake of poor and the injured. thank the gentleman for yielding.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.044 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5283 Mr. Chairman, I have a statement be- that it will be found to be ‘‘no’’ by the Gowdy Luetkemeyer Ross Granger MacArthur Rothfus fore me from Chairman GOODLATTE, the Chair. Because when the chairman of Graves (GA) Marchant Rouzer chairman of the full Judiciary Com- the Judiciary Committee, a fine Re- Graves (LA) Marino Royce (CA) mittee. I am going to represent this as publican lawyer, says that the amend- Graves (MO) Marshall Ruiz his statement, but the chairman ment is beyond what they intended, it Grothman Mast Rutherford thanks the gentleman from Kentucky shouldn’t really be part of the bill. Guthrie McCarthy Schweikert Handel McCaul Scott, Austin for his clarification while he remains Mr. Chairman, I yield back the bal- Harper McClintock Sensenbrenner opposed to the amendment because it ance of my time. Harris McHenry Sessions provides an overly broad definition of Hartzler McKinley Shimkus The Acting CHAIR. The question is Hensarling McMorris the eligible professional organizations Shuster on the amendment offered by the gen- Herrera Beutler Rodgers Simpson authorized to issue the guidelines that tleman from Kentucky (Mr. BARR). Hice, Jody B. McSally Smith (MO) would be used as an affirmative de- The question was taken; and the Act- Higgins (LA) Meadows Smith (NE) Hill Meehan fense, and because it is not supported ing Chair announced that the noes ap- Smith (TX) Holding Messer Smucker by the wider coalition of medical Hollingsworth Mitchell peared to have it. Stefanik Hudson Moolenaar groups supporting the base bill. He Mr. BARR. Mr. Chairman, I demand a Stewart Huizenga Mooney (WV) looks forward to working with the gen- Taylor recorded vote. Hultgren Mullin Tenney tleman to further refine and improve The Acting CHAIR. Pursuant to Hunter Murphy (PA) Thompson (PA) his legislative proposal. Hurd Newhouse clause 6 of rule XVIII, further pro- Thornberry That concludes Chairman GOOD- ceedings on the amendment offered by Issa Noem Jenkins (KS) Norman Tiberi LATTE’s statement that he would like the gentleman from Kentucky will be Jenkins (WV) Nunes Tipton read into this RECORD. postponed. Johnson (LA) Olson Trott Johnson (OH) Palazzo Upton And I would say on my own behalf, ANNOUNCEMENT BY THE ACTING CHAIR Mr. Chairman, that I very much appre- Johnson, Sam Palmer Valadao The Acting CHAIR. Pursuant to Jordan Paulsen Wagner ciate the work that Mr. BARR has clause 6 of rule XVIII, proceedings will Joyce (OH) Pearce Walberg Walden brought to this. The language that he now resume on those amendments Katko Peters presented originally, that had to be Kelly (MS) Peterson Walker printed in House Report 115–179 on Walorski amended in order to conform with the Kelly (PA) Pittenger which further proceedings were post- King (IA) Poliquin Walters, Mimi parliamentarian, I believe, does define poned, in the following order: King (NY) Ratcliffe Weber (TX) this with clarity. So I am inclined to Kinzinger Reed Webster (FL) Amendment No. 4 by Mr. HUDSON of support the gentleman from Kentucky. Knight Reichert Wenstrup North Carolina. Westerman We will see what happens if there is a Kustoff (TN) Rice (SC) Amendment No. 5 by Mr. BARR of Labrador Roby Williams recorded vote. Kentucky. LaHood Roe (TN) Wilson (SC) Mr. BARR. Mr. Chairman, I thank LaMalfa Rogers (KY) Wittman The Chair will reduce to 2 minutes the gentleman for those comments. Lamborn Rohrabacher Womack the minimum time for any electronic Lance Rokita Woodall Mr. Chairman, the clinical practice vote after the first vote in this series. Latta Rooney, Francis Yoder guideline safe harbor policies have Lewis (MN) Rooney, Thomas Yoho been supported by the American for AMENDMENT NO. 4 OFFERED BY MR. HUDSON Loudermilk J. Young (AK) Tax Reform, American College of Radi- The Acting CHAIR. The unfinished Love Rosen Young (IA) Lucas Roskam Zeldin ology, Healthcare Leadership Council, business is the demand for a recorded American Academy of Orthopedic Sur- vote on the amendment offered by the NOES—197 gentleman from North Carolina (Mr. geons, American Society of Anesthe- Adams DelBene Kilmer siologists, American Academy of Neu- HUDSON) on which further proceedings Aguilar Demings Kind rology, American Urological Associa- were postponed and on which the ayes Amash DeSaulnier Krishnamoorthi prevailed by voice vote. Barraga´ n Deutch Kuster (NH) tion, American College of Surgeons, Bass Diaz-Balart Larsen (WA) American Health Care Association, The Clerk will redesignate the Beatty Dingell Larson (CT) American College of Obstetricians and amendment. Beyer Doggett Lawrence Gynecologists, American Association The Clerk redesignated the amend- Bishop (GA) Doyle, Michael Lawson (FL) ment. Blumenauer F. Lee of Neurological Surgeons, Alliance of Blunt Rochester Duncan (TN) Levin Specialty Medicine, Third Way, Amer- RECORDED VOTE Bonamici Ellison Lewis (GA) ican College of Physicians, American The Acting CHAIR. A recorded vote Boyle, Brendan Engel Lieu, Ted F. Eshoo Lipinski College of Emergency Physicians, has been demanded. Brady (PA) Espaillat LoBiondo American Osteopathic Association, A recorded vote was ordered. Brown (MD) Esty (CT) Loebsack American College of Cardiologists, and The vote was taken by electronic de- Brownley (CA) Evans Lofgren the American Academy of Ophthal- vice, and there were—ayes 222, noes 197, Bustos Foster Lowenthal Butterfield Frankel (FL) Lowey mology. not voting 14, as follows: Capuano Fudge Lujan Grisham, As originally drafted, the amendment [Roll No. 334] Carbajal Gabbard M. Ca´ rdenas Gallego Luja´ n, Ben Ray set forth the procedure in detail. AYES—222 Nevertheless, the process by which Carson (IN) Garamendi Lynch Abraham Bucshon Dent Cartwright Garrett Maloney, clinical practice guidelines are proved Aderholt Budd DeSantis Castor (FL) Gonzalez (TX) Carolyn B. and published is well established and Allen Burgess DesJarlais Castro (TX) Gottheimer Maloney, Sean well known. The text of the amend- Arrington Byrne Donovan Chu, Judy Green, Al Massie Babin Calvert Duffy Cicilline Green, Gene Matsui ment clearly references that existing Bacon Carter (GA) Duncan (SC) Clark (MA) Griffith McCollum and well-defined process that provides Banks (IN) Carter (TX) Dunn Clarke (NY) Grijalva McEachin for guidelines to be proposed, sub- Barletta Chabot Emmer Clay Gutie´rrez McGovern mitted, approved, and published Barr Chaffetz Estes (KS) Cleaver Hanabusa Meng Barton Cheney Farenthold Clyburn Hastings Moore through the National Guideline Clear- Bera Coffman Faso Cohen Heck Moulton inghouse under the Agency for Bergman Cole Ferguson Connolly Higgins (NY) Murphy (FL) Healthcare Research and Quality. This Biggs Collins (GA) Fitzpatrick Conyers Himes Nadler Bilirakis Collins (NY) Fleischmann Cooper Hoyer Neal is a process that ensures the integrity Bishop (MI) Comer Flores Costa Huffman Nolan and quality of the applicable guide- Bishop (UT) Comstock Fortenberry Courtney Jackson Lee Norcross lines. Blackburn Conaway Foxx Crist Jayapal O’Halleran Mr. Chairman, I yield back the bal- Blum Cook Franks (AZ) Crowley Jeffries O’Rourke Bost Correa Frelinghuysen Curbelo (FL) Johnson (GA) Pallone ance of my time. Brady (TX) Costello (PA) Gaetz Davidson Kaptur Panetta Mr. COHEN. Mr. Chairman, I thank Brat Cramer Gallagher Davis (CA) Keating Pascrell Mr. GOODLATTE for his honest testi- Bridenstine Crawford Gianforte Davis, Danny Kelly (IL) Payne mony and submitting it. For that rea- Brooks (AL) Cuellar Gibbs DeFazio Kennedy Pelosi Brooks (IN) Culberson Gohmert DeGette Khanna Perlmutter son, among others, I will be voting Buchanan Davis, Rodney Goodlatte Delaney Kihuen Perry ‘‘no’’ on this amendment, and I hope Buck Denham Gosar DeLauro Kildee Pingree

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.082 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5284 CONGRESSIONAL RECORD — HOUSE June 28, 2017 Pocan Schneider Titus Peters Schrader Wagner Roybal-Allard Sires Upton Poe (TX) Schrader Tonko Rice (SC) Schweikert Walberg Royce (CA) Slaughter Vargas Polis Scott (VA) Torres Roe (TN) Scott, Austin Walker Ruppersberger Smith (NJ) Veasey Posey Scott, David Tsongas Rogers (KY) Sessions Webster (FL) Rush Smith (TX) Vela Price (NC) Serrano Turner Rohrabacher Simpson Wenstrup Russell Smith (WA) Vela´ zquez Quigley Sewell (AL) Vargas Rokita Sinema Westerman Rutherford Soto Visclosky Raskin Shea-Porter Veasey Rooney, Thomas Smith (MO) Williams Ryan (OH) Speier Walden ´ Rice (NY) Sherman Vela J. Smith (NE) Wilson (SC) Sanchez Stefanik Walorski Richmond Sinema Sanford Suozzi Walters, Mimi Vela´ zquez Rosen Smucker Woodall Ros-Lehtinen Sires Roskam Stewart Sarbanes Swalwell (CA) Walz Visclosky Yoder Roybal-Allard Slaughter Ross Tenney Schakowsky Takano Wasserman Walz Young (AK) Ruppersberger Smith (NJ) Rothfus Thompson (PA) Schiff Taylor Schultz Wasserman Young (IA) Rush Smith (WA) Rouzer Tiberi Schneider Thompson (CA) Waters, Maxine Russell Soto Schultz Ruiz Valadao Scott (VA) Thompson (MS) Watson Coleman Ryan (OH) Speier Waters, Maxine Scott, David Thornberry Weber (TX) Sa´ nchez Suozzi Watson Coleman NOES—310 Sensenbrenner Tipton Welch Sanford Swalwell (CA) Welch Serrano Titus Wilson (FL) Sarbanes Takano Wilson (FL) Adams Deutch Larson (CT) Sewell (AL) Tonko Wittman Schakowsky Thompson (CA) Yarmuth Aguilar Diaz-Balart Latta Shea-Porter Torres Womack Schiff Thompson (MS) Amash Dingell Lawrence Sherman Trott Yarmuth Arrington Doggett Lawson (FL) Shimkus Tsongas Yoho NOT VOTING—14 Babin Donovan Lee Shuster Turner Zeldin Bacon Amodei Langevin Renacci Doyle, Michael Levin Banks (IN) F. Lewis (GA) NOT VOTING—7 Black Long Rogers (AL) Barraga´ n Duncan (TN) Lewis (MN) Cummings McNerney Scalise Cummings Napolitano Stivers Barton Ellison Lieu, Ted Johnson, E. B. Meeks Stivers Garamendi Renacci Jones Napolitano Bass Emmer Lipinski Long Scalise Beatty Engel LoBiondo Beyer Eshoo Loebsack ANNOUNCEMENT BY THE ACTING CHAIR b 1646 Biggs Espaillat Lofgren The Acting CHAIR (during the vote). Bishop (GA) Estes (KS) Love There is 1 minute remaining. Ms. TSONGAS changed her vote from Bishop (MI) Esty (CT) Lowenthal ‘‘aye’’ to ‘‘no.’’ Black Evans Lowey b 1653 So the amendment was agreed to. Blackburn Faso Lucas The result of the vote was announced Blum Flores Luetkemeyer Mr. MICHAEL F. DOYLE of Pennsyl- Blumenauer Foster Lujan Grisham, vania changed his vote from ‘‘aye’’ to as above recorded. Blunt Rochester Frankel (FL) M. ‘‘no.’’ Stated against: Bonamici Frelinghuysen Luja´ n, Ben Ray Bost Fudge Lynch Messrs. RICE of South Carolina and Ms. EDDIE BERNICE JOHNSON of Texas. DENT changed their vote from ‘‘no’’ to Mr. Chair, I was unavoidably detained. Had I Boyle, Brendan Gabbard Maloney, F. Gallego Carolyn B. ‘‘aye.’’ been present, I would have voted ‘‘nay’’ on Brady (PA) Garrett Maloney, Sean So the amendment was rejected. rollcall No. 334. Brady (TX) Gibbs Massie The result of the vote was announced Brat Gohmert Matsui AMENDMENT NO. 5 OFFERED BY MR. BARR Bridenstine Gonzalez (TX) McCarthy as above recorded. The Acting CHAIR. The unfinished Brooks (IN) Goodlatte McClintock Stated against: business is the demand for a recorded Brown (MD) Gottheimer McCollum Mr. LANGEVIN. Mr. Chair, on rollcall vote Brownley (CA) Gowdy McEachin 335, I was unavoidably detained. Had I been vote on the amendment offered by the Buchanan Granger McGovern gentleman from Kentucky (Mr. BARR) Buck Green, Al McHenry present, I would have voted ‘‘no.’’ on which further proceedings were Burgess Green, Gene McKinley The Acting CHAIR (Mr. YODER). The postponed and on which the noes pre- Bustos Griffith McNerney question is on the amendment in the Butterfield Grijalva McSally nature of a substitute, as amended. vailed by voice vote. Byrne Grothman Meeks The Clerk will redesignate the Calvert Gutie´rrez Meng The amendment was agreed to. amendment. Capuano Hanabusa Messer The Acting CHAIR. Under the rule, The Clerk redesignated the amend- Carbajal Handel Mitchell the Committee rises. Ca´ rdenas Harper Moolenaar Accordingly, the Committee rose; ment. Carson (IN) Hartzler Moore and the Speaker pro tempore (Mr. COL- RECORDED VOTE Carter (TX) Hastings Moulton Cartwright Heck Murphy (FL) LINS of Georgia) having assumed the The Acting CHAIR. A recorded vote Castor (FL) Hensarling Murphy (PA) chair, Mr. YODER, Acting Chair of the has been demanded. Castro (TX) Herrera Beutler Nadler Committee of the Whole House on the A recorded vote was ordered. Chabot Higgins (LA) Neal Chaffetz Higgins (NY) Newhouse state of the Union, reported that that The Acting CHAIR. This is a 2- Chu, Judy Hill Noem Committee, having had under consider- minute vote. Cicilline Himes Nolan ation the bill (H.R. 1215) to improve pa- The vote was taken by electronic de- Clark (MA) Hoyer Norcross tient access to health care services and vice, and there were—ayes 116, noes 310, Clarke (NY) Huffman O’Halleran Clay Hultgren O’Rourke provide improved medical care by re- not voting 7, as follows: Cleaver Hurd Olson ducing the excessive burden the liabil- [Roll No. 335] Clyburn Issa Palazzo ity system places on the health care Coffman Jackson Lee Pallone AYES—116 Cohen Jayapal Panetta delivery system, and, pursuant to Abraham Duncan (SC) Johnson (LA) Collins (GA) Jeffries Pascrell House Resolution 382, he reported the Aderholt Dunn Joyce (OH) Collins (NY) Johnson (GA) Paulsen bill back to the House with an amend- Allen Farenthold Kaptur Comer Johnson (OH) Payne Amodei Ferguson Kelly (PA) Conaway Johnson, E. B. Pelosi ment adopted in the Committee of the Barletta Fitzpatrick King (IA) Connolly Johnson, Sam Perlmutter Whole. Barr Fleischmann Kustoff (TN) Conyers Jones Perry The SPEAKER pro tempore. Under Bera Fortenberry Labrador Cook Jordan Peterson the rule, the previous question is or- Bergman Foxx LaMalfa Cooper Katko Pingree Bilirakis Franks (AZ) Lamborn Costa Keating Pittenger dered. Bishop (UT) Gaetz Loudermilk Courtney Kelly (IL) Pocan Is a separate vote demanded on any Brooks (AL) Gallagher MacArthur Cramer Kelly (MS) Poe (TX) amendment to the amendment re- Bucshon Gianforte Marchant Crawford Kennedy Poliquin ported from the Committee of the Budd Gosar Marino Crist Khanna Polis Carter (GA) Graves (GA) Marshall Crowley Kihuen Posey Whole? Cheney Graves (LA) Mast Culberson Kildee Price (NC) If not, the question is on the amend- Cole Graves (MO) McCaul Curbelo (FL) Kilmer Quigley ment in the nature of a substitute, as Comstock Guthrie McMorris Davis (CA) Kind Raskin amended. Correa Harris Rodgers Davis, Danny King (NY) Ratcliffe The amendment was agreed to. Costello (PA) Hice, Jody B. Meadows DeFazio Kinzinger Reed Cuellar Holding Meehan DeGette Knight Reichert The SPEAKER pro tempore. The Davidson Hollingsworth Mooney (WV) Delaney Krishnamoorthi Rice (NY) question is on the engrossment and Davis, Rodney Hudson Mullin DeLauro Kuster (NH) Richmond third reading of the bill. Dent Huizenga Norman DelBene LaHood Roby The bill was ordered to be engrossed DeSantis Hunter Nunes Demings Lance Rogers (AL) DesJarlais Jenkins (KS) Palmer Denham Langevin Rooney, Francis and read a third time, and was read the Duffy Jenkins (WV) Pearce DeSaulnier Larsen (WA) Ros-Lehtinen third time.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.056 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5285 MOTION TO RECOMMIT dose opioids were still prescribed high- Mr. GAETZ. Mr. Speaker, I rise to Ms. KUSTER of New Hampshire. Mr. dose opioids after overdosing. oppose the motion to recommit. Speaker, I have a motion to recommit We have all heard the stories: teens The SPEAKER pro tempore. The gen- at the desk. who had their wisdom teeth removed tleman from Florida is recognized for 5 The SPEAKER pro tempore. Is the receiving 30-day supplies of opioids, or minutes. gentlewoman opposed to the bill? a person with back pain receiving pre- Mr. GAETZ. Mr. Speaker, the motion Ms. KUSTER of New Hampshire. I am scriptions for extended release opioids to recommit is ambiguous, as there is opposed to the bill in its current form. even though Tylenol would keep them no legal standard currently for that The SPEAKER pro tempore. The comfortable. which constitutes gross negligence in Clerk will report the motion to recom- America consumes 80 percent of the the area of prescriptions. mit. global supply of opioid medication, and Already this legislation does not The Clerk read as follows: 650,000 opioid prescriptions are written apply to circumstances in which there Ms. KUSTER of New Hampshire moves to every single day. is criminal conduct. That means that recommit the bill H.R. 1215 to the Com- Earlier this year, a study by the Cen- bad doctors with bad intent will be mittee on the Judiciary with instructions to ters for Disease Control and Prevention prosecuted, and in every State in report the same back to the House forthwith found the following extraordinary fact: America, there are legal standards by with the following amendment: if 100 people take opioid medication for which those very doctors would lose Add, at the end of the bill, the following 1 day, 6 percent will still be using 30 their license were they to engage in the (and conform the table of contents accord- days later; and if 100 people take opioid conduct that the gentlewoman high- ingly): medication for 30 days, 35 percent of lighted. SEC. 11. COMBATTING THE OPIOIDS EPIDEMIC. those patients will still be using Mr. Speaker, healthcare costs are ris- For purposes of this Act, the term ‘‘health opioids a year later. ing at alarming rates due to the fail- care lawsuit’’, as defined in section 7, does Our task force is working closely ures of ObamaCare. This bill will re- not include a claim or action which pertains with the medical community to duce healthcare costs. It will improve to the grossly negligent prescription of strengthen prescribing practices so opioids. the quality of care received. that patients can manage their pain in Mr. Speaker, through this underlying Mr. GAETZ (during the reading). Mr. an effective and responsible way. legislation, we will enhance the rela- Speaker, I ask unanimous consent to Through my role on the Veterans’ Af- tionship between patients and doctors. dispense with the reading. fairs Committee, I am working with We will reduce frivolous litigation. And The SPEAKER pro tempore. Is there my colleagues to improve pain man- by ultimately addressing the chal- objection to the request of the gen- agement practices at the VA and to lenges that arise with increasing tleman from Florida? better understand alternative methods healthcare costs, we will make it more There was no objection. for pain management. easy to get to the affordability chal- The SPEAKER pro tempore. The gen- The White River Junction VA facil- lenges with healthcare coverage. tlewoman is recognized for 5 minutes. ity in Vermont serving New Hampshire This will ultimately increase wages Ms. KUSTER of New Hampshire. Mr. veterans is a great example where they Speaker, this is the final amendment for the American worker because, due have cut opioid prescriptions nearly in to the failures of ObamaCare, more to the bill, which will not kill the bill half by incorporating alternative treat- or send it back to committee. If adopt- businesses are having to put money ments. into healthcare premiums and not into ed, the bill will immediately proceed to While there is much work that we final passage as amended. wages, not into job creation, and not can do to understand this issue, there into the success of the American peo- Like so many communities and remain bad actors across this country States across this country, New Hamp- ple. who are exploiting those who suffer Mr. Speaker, if what we really aspire shire has been devastated by the heroin from substance use disorder for their and opioid epidemic. Last year alone, to are better healthcare outcomes and own financial gain. more doctors able to treat people who my State lost 500 people to substance In rural communities and elsewhere, are dealing with the challenges of use disorder. pill mills churn out opioid prescrip- opioid addiction, I would ask my col- Helping families, first responders, tions with no regard for the well-being leagues to oppose this motion to re- treatment providers, law enforcement of their patients. And just last month, commit, support this bill, and get bet- officials, and family advocates in the a doctor in New England pled guilty to ter healthcare outcomes for the Amer- Granite State confront this crisis has healthcare fraud for overprescribing ican people. been my number one priority in Con- opioids, including writing more than Mr. Speaker, I yield back the balance gress. 1,100 Oxycodone prescriptions in a sin- of my time. In 2015, Mr. Guinta and I founded the gle month. The SPEAKER pro tempore. Without Bipartisan Congressional Heroin Task Victims of exploitative prescribing objection, the previous question is or- Force to raise awareness of this crisis practices must have the unencumbered dered on the motion to recommit. and to advocate in a collaborative way capacity of our legal system to recoup for solutions at the Federal level. I am their damages and to deter negative in- There was no objection. proud to report that our bipartisan dustry practices. The SPEAKER pro tempore. The task force is now 90 members strong, I am concerned that arbitrary limita- question is on the motion to recommit. and we have made important progress tions in this legislation on legal dam- The question was taken; and the in passing legislation and securing crit- ages could limit their ability to effec- Speaker pro tempore announced that ical funding. tively respond to the opioid epidemic, the noes appeared to have it. But the causes of this crisis are com- and that is why my amendment would RECORDED VOTE plex, requiring a multifaceted approach simply exempt from the legislation any Ms. KUSTER of New Hampshire. Mr. addressing every angle of the epidemic, claim or action that pertains to grossly Speaker, I demand a recorded vote. from treatment to recovery, from edu- negligent prescription of opioids. A recorded vote was ordered. cation and prevention to law enforce- Should this bill become law, this provi- The SPEAKER pro tempore. Pursu- ment and interdiction. sion will help protect those who have ant to clause 8 and clause 9 of rule XX, A primary cause of opioid misuse re- been exploited by predatory physicians this 5-minute vote on the motion to re- sulting in heroin dependence is the operating pill mills. commit will be followed by 5-minute overprescribing of opioid pain medica- There is so much we should do to roll votes on: tion. back this crisis, and I look forward to Passage of the bill, if ordered; and The data is astonishing. A December our continued bipartisan work. But The motion to suspend the rules and 2016 study found that opioids were pre- today I urge my colleagues to approve pass H.R. 1500. scribed to 91 percent of patients after this motion. The vote was taken by electronic de- they had experienced an overdose, and, Mr. Speaker, I yield back the balance vice, and there were—ayes 191, noes 235, in fact, 63 percent of patients on high- of my time. not voting 7, as follows:

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.087 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5286 CONGRESSIONAL RECORD — HOUSE June 28, 2017 [Roll No. 336] Graves (GA) MacArthur Ross Bacon Graves (GA) Palmer Graves (LA) Marchant Rothfus Banks (IN) Graves (LA) Paulsen AYES—191 Graves (MO) Marino Rouzer Barletta Graves (MO) Pearce Adams Gallego O’Halleran Griffith Marshall Royce (CA) Barr Grothman Perry Aguilar Garamendi O’Rourke Grothman Massie Russell Barton Guthrie Pittenger Barraga´ n Gonzalez (TX) Pallone Guthrie Mast Rutherford Bergman Handel Poliquin Bass Gottheimer Panetta Handel McCarthy Sanford Biggs Harper Ratcliffe Harper McCaul Schweikert Beatty Green, Al Pascrell Bilirakis Harris Reed Harris McClintock Scott, Austin Bishop (MI) Hartzler Bera Green, Gene Payne Reichert Hartzler McHenry Sensenbrenner Bishop (UT) Hensarling Beyer Grijalva Pelosi Rice (SC) Bishop (GA) Gutie´rrez Hensarling McKinley Sessions Black Herrera Beutler Roby Perlmutter Herrera Beutler Blumenauer Hanabusa McMorris Shimkus Blackburn Hice, Jody B. Roe (TN) Peters Hice, Jody B. Rodgers Shuster Blunt Rochester Hastings Blum Higgins (LA) Rogers (AL) Peterson Higgins (LA) McSally Simpson Bost Hill Bonamici Heck Rogers (KY) Pingree Hill Meadows Smith (MO) Brady (TX) Holding Boyle, Brendan Higgins (NY) Rohrabacher Pocan Holding Meehan Smith (NE) Brat Hollingsworth F. Himes Rokita Polis Hollingsworth Messer Smith (NJ) Bridenstine Hudson Brady (PA) Hoyer Rooney, Francis Price (NC) Hudson Mitchell Smith (TX) Brooks (AL) Huizenga Brown (MD) Huffman Rooney, Thomas Quigley Huizenga Moolenaar Smucker Brooks (IN) Hultgren Brownley (CA) Jackson Lee J. Raskin Hultgren Mooney (WV) Stefanik Buchanan Hunter Bustos Jayapal Roskam Butterfield Jeffries Rice (NY) Hunter Mullin Stewart Buck Hurd Richmond Hurd Murphy (PA) Taylor Bucshon Issa Ross Capuano Johnson (GA) Rothfus Carbajal Johnson, E. B. Rosen Issa Newhouse Tenney Budd Jenkins (KS) Rouzer Ca´ rdenas Kaptur Roybal-Allard Jenkins (KS) Noem Thompson (PA) Burgess Jenkins (WV) Royce (CA) Carson (IN) Keating Ruiz Jenkins (WV) Norman Thornberry Byrne Johnson (LA) Rutherford Cartwright Kelly (IL) Ruppersberger Johnson (LA) Nunes Tiberi Calvert Johnson (OH) Ryan (WI) Castor (FL) Kennedy Rush Johnson (OH) Olson Tipton Carter (GA) Johnson, Sam Sanford Castro (TX) Khanna Ryan (OH) Johnson, Sam Palazzo Trott Carter (TX) Jordan Chu, Judy Kihuen Sa´ nchez Jones Palmer Turner Chabot Joyce (OH) Schweikert Cicilline Kildee Sarbanes Jordan Paulsen Upton Chaffetz Katko Scott, Austin Clark (MA) Kilmer Schakowsky Joyce (OH) Pearce Valadao Cheney Kelly (MS) Sensenbrenner Clarke (NY) Kind Schiff Katko Perry Wagner Coffman Kelly (PA) Sessions Clay Krishnamoorthi Schneider Kelly (MS) Pittenger Walberg Cole King (IA) Shimkus Cleaver Kuster (NH) Schrader Kelly (PA) Poe (TX) Walden Collins (GA) King (NY) Shuster Clyburn Langevin Scott (VA) King (IA) Poliquin Walker Collins (NY) Kinzinger Simpson Cohen Larsen (WA) Scott, David King (NY) Posey Walorski Comer Knight Smith (MO) Kinzinger Connolly Larson (CT) Serrano Ratcliffe Walters, Mimi Comstock Labrador Smith (NE) Knight Reed Weber (TX) Conyers Lawrence Sewell (AL) Conaway LaHood Smith (NJ) Kustoff (TN) Reichert Webster (FL) Cook LaMalfa Cooper Lawson (FL) Shea-Porter Smith (TX) Labrador Rice (SC) Wenstrup Cramer Lamborn Correa Lee Sherman Smucker LaHood Roby Westerman Crawford Lance Costa Levin Sinema Stefanik LaMalfa Roe (TN) Williams Culberson Latta Courtney Lewis (GA) Sires Stewart Lamborn Rogers (AL) Wilson (SC) Davidson Lewis (MN) Crist Lieu, Ted Slaughter Taylor Lance Rogers (KY) Wittman Davis, Rodney LoBiondo Crowley Lipinski Smith (WA) Tenney Cuellar Loebsack Latta Rohrabacher Womack Denham Loudermilk Thompson (PA) Soto Lewis (MN) Rokita Woodall Dent Love Davis (CA) Lofgren Speier Thornberry Davis, Danny Lowenthal LoBiondo Rooney, Francis Yoder DeSantis Lucas Suozzi Tiberi DeFazio Lowey Loudermilk Rooney, Thomas Yoho DesJarlais Luetkemeyer Tipton Swalwell (CA) Love DeGette Lujan Grisham, J. Young (AK) Diaz-Balart MacArthur Trott Takano Lucas Ros-Lehtinen Young (IA) Delaney M. Donovan Marchant Turner Thompson (CA) Luetkemeyer Roskam Zeldin Duffy Marshall DeLauro Luja´ n, Ben Ray Upton Thompson (MS) Duncan (SC) Mast DelBene Lynch Valadao Titus NOT VOTING—7 Dunn McCarthy Demings Maloney, Wagner Tonko Brady (TX) Napolitano Stivers Estes (KS) McCaul DeSaulnier Carolyn B. Walberg Torres Cummings Renacci Farenthold McClintock Deutch Maloney, Sean Walden Tsongas Long Scalise Faso McHenry Dingell Matsui Walker Doggett McCollum Vargas Ferguson McKinley Veasey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Fitzpatrick McMorris Walorski Doyle, Michael McEachin Walters, Mimi F. McGovern Vela Fleischmann Rodgers The SPEAKER pro tempore (during Weber (TX) Ellison McNerney Vela´ zquez Flores Meadows the vote). There are 2 minutes remain- Wenstrup Engel Meeks Visclosky Fortenberry Messer Westerman Eshoo Meng Walz ing. Foxx Mitchell Williams Espaillat Moore Wasserman Franks (AZ) Moolenaar Wilson (SC) Esty (CT) Moulton Schultz b 1712 Frelinghuysen Mooney (WV) Evans Murphy (FL) Waters, Maxine Gaetz Mullin Wittman Foster Nadler Watson Coleman So the motion to recommit was re- Gallagher Murphy (PA) Womack Frankel (FL) Neal Welch jected. Gianforte Newhouse Woodall Fudge Nolan Wilson (FL) The result of the vote was announced Gibbs Noem Yoder Gabbard Norcross Yarmuth Goodlatte Norman Yoho as above recorded. Gosar Nunes Young (AK) NOES—235 Stated against: Gowdy Olson Young (IA) Granger Palazzo Zeldin Abraham Budd Diaz-Balart Mr. BRADY of Texas. Mr. Speaker, on roll- call no. 336, I was unavoidably detained to Aderholt Burgess Donovan NOES—210 Allen Byrne Duffy cast my vote in time. Had I been present, I Amash Calvert Duncan (SC) would have voted ‘‘no.’’ Adams Castro (TX) DeLauro Amodei Carter (GA) Duncan (TN) Aguilar Chu, Judy DelBene Arrington Carter (TX) Dunn The SPEAKER pro tempore. The Amash Cicilline Demings Babin Chabot Emmer question is on the passage of the bill. Barraga´ n Clark (MA) DeSaulnier Bacon Chaffetz Estes (KS) The question was taken; and the Bass Clarke (NY) Deutch Banks (IN) Cheney Farenthold Beatty Clay Dingell Barletta Coffman Faso Speaker pro tempore announced that Bera Cleaver Doggett Barr Cole Ferguson the ayes appeared to have it. Beyer Clyburn Doyle, Michael Barton Collins (GA) Fitzpatrick RECORDED VOTE Bishop (GA) Cohen F. Bergman Collins (NY) Fleischmann Blumenauer Connolly Duncan (TN) Biggs Comer Flores Mr. CONYERS. Mr. Speaker, I de- Blunt Rochester Conyers Ellison Bilirakis Comstock Fortenberry mand a recorded vote. Bonamici Cooper Emmer Bishop (MI) Conaway Foxx A recorded vote was ordered. Boyle, Brendan Correa Engel Bishop (UT) Cook Franks (AZ) F. Costa Eshoo Black Costello (PA) Frelinghuysen The SPEAKER pro tempore. This is a Brady (PA) Costello (PA) Espaillat Blackburn Cramer Gaetz 5-minute vote. Brown (MD) Courtney Esty (CT) Blum Crawford Gallagher The vote was taken by electronic de- Brownley (CA) Crist Evans Bost Culberson Garrett vice, and there were—ayes 218, noes 210, Bustos Crowley Foster Brat Curbelo (FL) Gianforte Butterfield Cuellar Frankel (FL) Bridenstine Davidson Gibbs not voting 6, as follows: Capuano Curbelo (FL) Fudge Brooks (AL) Davis, Rodney Gohmert [Roll No. 337] Carbajal Davis (CA) Gabbard Brooks (IN) Denham Goodlatte Ca´ rdenas Davis, Danny Gallego Buchanan Dent Gosar AYES—218 Carson (IN) DeFazio Garamendi Buck DeSantis Gowdy Abraham Allen Arrington Cartwright DeGette Garrett Bucshon DesJarlais Granger Aderholt Amodei Babin Castor (FL) Delaney Gohmert

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.048 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5287 Gonzalez (TX) Lujan Grisham, Roybal-Allard [Roll No. 338] Nolan Rothfus Thompson (CA) Gottheimer M. Ruiz Norcross Rouzer Thompson (MS) Green, Al Luja´ n, Ben Ray Ruppersberger YEAS—423 Norman Roybal-Allard Thompson (PA) Green, Gene Lynch Rush Nunes Royce (CA) Abraham DeGette Johnson (GA) Thornberry Maloney, Russell O’Halleran Ruiz Griffith Adams Delaney Johnson (LA) Tiberi Carolyn B. Ryan (OH) O’Rourke Ruppersberger Grijalva Aderholt DeLauro Johnson (OH) Tipton ´ Maloney, Sean Sa´ nchez Olson Rush Gutierrez Aguilar DelBene Johnson, E. B. Titus Marino Sarbanes Palazzo Russell Hanabusa Allen Demings Johnson, Sam Tonko Massie Schakowsky Pallone Rutherford Hastings Torres Matsui Schiff Amash Denham Jones Palmer Ryan (OH) Heck Trott McCollum Schneider Amodei Dent Jordan Panetta Sa´ nchez Higgins (NY) Tsongas McEachin Schrader Arrington DeSantis Joyce (OH) Pascrell Sanford Himes Babin DeSaulnier Kaptur Turner Hoyer McGovern Scott (VA) Paulsen Sarbanes McNerney Scott, David Bacon DesJarlais Katko Payne Schakowsky Upton Huffman Banks (IN) Deutch Keating Valadao Jackson Lee McSally Serrano Pearce Schiff Meehan Barletta Diaz-Balart Kelly (IL) Vargas Jayapal Sewell (AL) Pelosi Schneider Meeks Shea-Porter Barr Dingell Kelly (MS) Perlmutter Schrader Veasey Jeffries Meng Sherman Barraga´ n Doggett Kelly (PA) Perry Schweikert Vela Johnson (GA) Moore Sinema Barton Donovan Kennedy Peters Scott (VA) Vela´ zquez Johnson, E. B. Moulton Sires Bass Doyle, Michael Khanna Peterson Scott, Austin Visclosky Jones Murphy (FL) Slaughter Beatty F. Kihuen Pingree Scott, David Wagner Kaptur Nadler Smith (WA) Bera Duffy Kildee Pocan Sensenbrenner Walberg Keating Neal Soto Bergman Duncan (SC) Kilmer Poe (TX) Serrano Walden Kelly (IL) Nolan Speier Beyer Duncan (TN) Kind Poliquin Sessions Walker Kennedy Norcross Suozzi Biggs Dunn King (IA) Polis Sewell (AL) Walorski Khanna Bilirakis Ellison King (NY) O’Halleran Swalwell (CA) Posey Shea-Porter Walters, Mimi Kihuen Bishop (GA) Emmer Kinzinger O’Rourke Takano Price (NC) Sherman Walz Kildee Bishop (MI) Engel Knight Pallone Thompson (CA) Quigley Shimkus Wasserman Kilmer Bishop (UT) Eshoo Krishnamoorthi Panetta Thompson (MS) Raskin Shuster Schultz Kind Black Espaillat Kuster (NH) Pascrell Titus Ratcliffe Simpson Waters, Maxine Krishnamoorthi Blackburn Estes (KS) Kustoff (TN) Payne Tonko Reed Sinema Watson Coleman Kuster (NH) Blum Esty (CT) Labrador Pelosi Torres Reichert Sires Weber (TX) Kustoff (TN) Blumenauer Evans LaHood Perlmutter Tsongas Rice (NY) Slaughter Webster (FL) Langevin Peters Vargas Blunt Rochester Farenthold LaMalfa Rice (SC) Smith (MO) Welch Larsen (WA) Peterson Veasey Bonamici Faso Lamborn Richmond Smith (NE) Wenstrup Larson (CT) Pingree Vela Bost Ferguson Lance Roby Smith (NJ) Westerman Lawrence Pocan Vela´ zquez Boyle, Brendan Fitzpatrick Langevin Roe (TN) Smith (TX) Lawson (FL) Poe (TX) Visclosky F. Fleischmann Larsen (WA) Rogers (AL) Smith (WA) Williams Lee Polis Walz Brady (PA) Flores Larson (CT) Rogers (KY) Smucker Wilson (FL) Levin Posey Wasserman Brady (TX) Fortenberry Latta Rohrabacher Soto Wilson (SC) Lewis (GA) Price (NC) Schultz Brat Foster Lawrence Rokita Speier Wittman Lieu, Ted Quigley Waters, Maxine Bridenstine Foxx Lawson (FL) Rooney, Francis Stefanik Womack Lipinski Raskin Watson Coleman Brooks (AL) Frankel (FL) Lee Rooney, Thomas Stewart Yarmuth Loebsack Rice (NY) Webster (FL) Brooks (IN) Franks (AZ) Levin J. Suozzi Yoder Lofgren Richmond Welch Brown (MD) Frelinghuysen Lewis (GA) Ros-Lehtinen Swalwell (CA) Yoho Lowenthal Ros-Lehtinen Wilson (FL) Brownley (CA) Fudge Lewis (MN) Rosen Takano Young (AK) Lowey Rosen Yarmuth Buchanan Gabbard Lieu, Ted Roskam Taylor Young (IA) Buck Gaetz Lipinski Ross Tenney Zeldin NOT VOTING—6 Bucshon Gallagher LoBiondo Budd Gallego Loebsack NOT VOTING—10 Cummings Napolitano Scalise Bustos Garamendi Lofgren Long Renacci Stivers Burgess Napolitano Stivers Butterfield Garrett Loudermilk Castor (FL) Pittenger Woodall Byrne ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gianforte Love Cummings Renacci Calvert Gibbs Lowenthal Long Scalise The SPEAKER pro tempore (during Capuano Gohmert Lowey the vote). There are 2 minutes remain- Carbajal Gonzalez (TX) Lucas ´ b 1727 ing. Cardenas Goodlatte Luetkemeyer Carson (IN) Gosar Lujan Grisham, Carter (GA) Gottheimer M. Ms. ROYBAL-ALLARD changed her b 1719 Carter (TX) Gowdy Luja´ n, Ben Ray vote from ‘‘nay’’ to ‘‘yea.’’ Cartwright Granger Lynch So (two-thirds being in the affirma- So the bill was passed. Castro (TX) Graves (GA) MacArthur tive) the rules were suspended and the Chabot Graves (LA) Maloney, The result of the vote was announced Chaffetz Graves (MO) Carolyn B. bill was passed. as above recorded. Cheney Green, Al Maloney, Sean The result of the vote was announced A motion to reconsider was laid on Chu, Judy Green, Gene Marchant as above recorded. Cicilline Griffith Marino the table. Clark (MA) Grijalva Marshall A motion to reconsider was laid on Clarke (NY) Grothman Massie the table. f Clay Guthrie Mast PERSONAL EXPLANATION Cleaver Gutie´rrez Matsui Clyburn Hanabusa McCarthy Mrs. NAPOLITANO. Mr. Speaker, I was ab- ROBERT EMMET PARK ACT OF 2017 Coffman Handel McCaul sent during rollcall votes No. 334, No. 335, Cohen Harper McClintock No. 336, No. 337, and No. 338 due to my The SPEAKER pro tempore. The un- Cole Harris McCollum spouse’s health situation in California. Had I finished business is the vote on the mo- Collins (GA) Hartzler McEachin Collins (NY) Hastings McGovern been present, I would have voted ‘‘nay’’ on the tion to suspend the rules and pass the Comer Heck McHenry Hudson Amendment. I would have also voted bill (H.R. 1500) to redesignate the small Comstock Hensarling McKinley ‘‘nay’’ on the Barr Amendment. I would have triangular property located in Wash- Conaway Herrera Beutler McMorris also voted ‘‘yea’’ on the Democratic Motion to ington, DC, and designated by the Na- Connolly Hice, Jody B. Rodgers Conyers Higgins (LA) McNerney Recommit H.R. 1215. I would have also voted tional Park Service as reservation 302 Cook Higgins (NY) McSally ‘‘nay’’ on the Final Passage of H.R. 1215— as ‘‘Robert Emmet Park’’, and for Cooper Hill Meadows Protecting Access to Care Act of 2017. I other purposes, on which the yeas and Correa Himes Meehan Costa Holding Meeks would have also voted ‘‘yea’’ on H.R. 1500— nays were ordered. Costello (PA) Hollingsworth Meng Robert Emmet Park Act of 2017. The Clerk read the title of the bill. Courtney Hoyer Messer The SPEAKER pro tempore. The Cramer Hudson Mitchell f Crawford Huffman Moolenaar question is on the motion offered by Crist Huizenga Mooney (WV) the gentleman from California (Mr. Crowley Hultgren Moore RECOGNIZING THE CENTRAL ASSO- COOK) that the House suspend the rules Cuellar Hunter Moulton CIATION FOR THE BLIND AND Culberson Hurd Mullin VISUALLY IMPAIRED and pass the bill. Curbelo (FL) Issa Murphy (FL) This is a 5-minute vote. Davidson Jackson Lee Murphy (PA) (Ms. TENNEY asked and was given The vote was taken by electronic de- Davis (CA) Jayapal Nadler permission to address the House for 1 Davis, Danny Jeffries Neal vice, and there were—yeas 423, nays 0, Davis, Rodney Jenkins (KS) Newhouse minute and to revise and extend her re- not voting 10, as follows: DeFazio Jenkins (WV) Noem marks.)

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A28JN7.050 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5288 CONGRESSIONAL RECORD — HOUSE June 28, 2017 Ms. TENNEY. Mr. Speaker, I rise like that their employers have to offer Mr. Speaker, let’s pass healthcare today to recognize the Central Associa- healthcare coverage. legislation that invests in and protects tion for the Blind and Visually Im- It is not perfect, but let’s work to- the healthcare of all Americans, holds paired. gether to approve the Affordable Care the healthcare industry accountable, Established in Utica in 1929, CABVI, Act to make sure it works even better and lowers cost. as it is known, provides a wide range of for the American people. Democrats f opportunities for the blind and visually are willing to do that. If Republicans 1–YEAR ANNIVERSARY OF DALLAS impaired, helping them to acquire job will give up the idea of repeal, we can POLICE SHOOTING skills and training, good wages and work together to make the Affordable benefits, and a greater independence Care Act even better. Let’s get this (Mr. BURGESS asked and was given and quality of life. done for our constituents and the permission to address the House for 1 In their important mission, CABVI American people. minute and to revise and extend his re- employs a segment of our population f marks.) that experiences among the highest Mr. BURGESS. Mr. Speaker, July 7, WAYZATA GIRLS CHAMPS levels of unemployment in the country. 2016, is forever marked by the sadness CABVI also provides vital health and (Mr. PAULSEN asked and was given and loss our community suffered when rehabilitation services for people expe- permission to address the House for 1 five Dallas police officers were gunned riencing vision loss. Their resources minute and to revise and extend his re- down in the deadliest attack for law and services have improved the quality marks.) enforcement in the United States since of life for many in our region, includ- Mr. PAULSEN. Mr. Speaker, I rise the September 11 attacks. ing my late father who spent the last 7 today to congratulate the Wayzata These officers were killed as they years of his life legally blind and con- High School girls synchronized swim- protected Dallas citizens exercising fined to a wheelchair. My family is for- ming team, who recently won the Min- their constitutional right to protest. ever grateful to them for their care and nesota High School State Champion- They put their own lives on the line for kindness. ship. the safety of others. Today I was honored to welcome to The Trojans triumphed at the State Reflecting on the events of last July Washington my good friend Rudy meet last month, where the undefeated 7, what stands out to me is the heroism D’Amico, president and CEO of CABVI; team earned the championship title for of those who answered when duty Robert Porter, public policy director; the 11th consecutive year. They faced called and a community that banded and Leta Laukitis, executive assistant. tough competition, but Wayzata’s ex- together during this tragic event. We Joining them from the southern tier, cellent figure scores put them over the are in the midst of an environment colleague Ken Fernald, CEO of the As- edge to secure the win. that can be deeply divided. We should sociation for Visual Rehabilitation and This talented team of dedicated girls, all seek to follow the example of the Employment in Binghamton, New led by Head Coach Hensel, worked hard Dallas community. York. All joined by Jennifer Small, all season, winning each of their meets I want to acknowledge former Dallas chief operating officer; John Ellzey, as- by at least 11 points. That commitment Chief of Police David Brown and offer sistive technology instructor; Katie didn’t stop at the pool. It is also in the my sincere gratitude for his leadership; Lawson, switchboard operator; and classroom, where each of these stu- as well as the Dallas Police Depart- Chervelle Amaker, purchasing agent dents excelled as well. ment; first responders; the Parkland and buyer. Mr. Speaker, congratulations to all hospital; Baylor University hospital, Mr. Speaker, I thank them for their the members, athletes, students, teach- where this iconic photograph was important work and their continued ers, coaches, families, and fans of the taken, for providing excellent emer- dedication to our community. I look Wayzata High School girls syn- gency care; and others who helped the forward to continuing to advocate for chronized swimming team on their out- victims of this attack. them throughout my time in Congress. standing performance this season. Mr. Speaker, we must recognize the f sacrifice of the men and women and the f critical role they played to protect our TAX BILL DISGUISED AS A b 1730 communities. HEALTHCARE BILL f LET’S GET IT DONE (Ms. MICHELLE LUJAN GRISHAM (Mr. CICILLINE asked and was given of New Mexico asked and was given RECOGNIZING KELLY CRAFT AS permission to address the House for 1 permission to address the House for 1 U.S. AMBASSADOR TO CANADA minute.) minute and to revise and extend her re- (Mr. COMER asked and was given Mr. CICILLINE. Mr. Speaker, yester- marks.) permission to address the House for 1 day, Senate Republicans delayed a vote Ms. MICHELLE LUJAN GRISHAM of minute.) on their bill to repeal the Affordable New Mexico. Mr. Speaker, I am angry. Mr. COMER. Mr. Speaker, I rise to Care Act. This is a bill that Repub- I am angry that Republicans are try- applaud President Trump’s selection of licans wrote in secret. They allowed no ing to fool the American people. The Ms. Kelly Craft as the next U.S. Am- input from the public or members of Republican healthcare bill is nothing bassador to Canada. the Democratic Caucus, yet they still more than a tax bill disguised as a Canada is the number one export could not find the votes to pass their healthcare bill. market for my home State of Ken- bill. TrumpCare is an almost $570 billion tucky. Agriculture is the major indus- Maybe that is because it eliminates tax break for health insurance compa- try in my congressional district, and health insurance for 22 million Ameri- nies, pharmaceutical companies, and Canada is a critical export market for cans; it imposes an age tax on older the extremely wealthy. It is a bill that Kentucky farm products. As a result of Americans; it allows insurance compa- asks working families to pay more for our successful history of trade with the nies to discriminate based on pre- less: less coverage, less access, and less nation of Canada, I cannot think of a existing conditions; it slashes Medicaid care. better person to lead relations between and leaves Medicare to wither on the Recently, a concerned constituent these two countries than my dear vine. But no matter the reason, the les- called my office after discovering that friend, Kelly Craft. son is clear: it is time for Republicans his son would need surgery at birth for Kelly was raised in Glasgow, Ken- to give up on their effort to repeal the a heart defect and then subsequent sur- tucky, which is 30 miles from my Affordable Care Act. geries later on. He wanted to know hometown. She has a lifetime of The American people are benefiting what he could do to stop TrumpCare achievements and is extremely quali- from this law. Seniors like that they and protect his son, who would be born fied. On a personal note, Kelly has al- are saving money on prescriptions. with a preexisting condition and face ways been there for and believed in me, Parents like that their kids can stay thousands of dollars of cost throughout and I am very appreciative of her sup- on their plan until they are 26. Workers his life. port and friendship.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.096 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5289 I look forward to Kelly Craft’s great the Balancing Trade Act, H.R. 2766, re- Remember, 50 percent of all leadership as Ambassador to Canada, quires the administration to address healthcare dollars are used by 5 per- and I urge a swift confirmation process trade deficits of more than $10 billion cent of the population. So you start to in the Senate. with any nation. see it is this hockey stick curve that f As negotiations near, let’s focus on shoots up. That is the math problem key principles such as vigorously en- that is trying to be fixed. SENATE BILL A MARCH BACK TO forcing a first world rule of law; includ- In the last 3 years, if you are from BAD OLD DAYS FOR WOMEN ing labor provisions that allow workers Arizona, you have had a 190 percent (Mrs. CAROLYN B. MALONEY of across this continent to improve their price hike in the mean plan and you New York asked and was given permis- standard of living and outlaw labor have a single choice. So if we are going sion to address the House for 1 minute.) trafficking; enact environmental to be intellectually honest, should we Mrs. CAROLYN B. MALONEY of New standards for human health and forge hold our brothers and sisters around York. Mr. Speaker, some of my friends an agricultural labor agreement that here to their own words and their own and colleagues on the other side of the helps displaced farmers; reform the un- promises? You remember the promises aisle continue to claim that, under the accountable tribunals called Investor- a few years ago about keep your doc- Senate’s healthcare plan, women will State Dispute Settlements so that they tor, $2,500 discount, lots of choices, lots be protected from discrimination. They work for people, not just big corpora- of options, well, in Arizona, your prices won’t be charged more for their tions; address currency manipulation; have skyrocketed, you didn’t get to healthcare than men. However, the and, finally, stamp out the illegal drug keep your doctor, and you now have a facts show that nothing could be fur- trade that is plaguing this continent. single choice. ther from the truth. The wealth NAFTA created has not The Senate bill actually targets been shared by all, but only a very few, b 1745 women for the cruelest cuts of all. It and often only the very rich. Our That is the reality of the math. does so by allowing States to do away foundational principle for NAFTA re- Sometimes it is just so hard sitting with guaranteed access to essential form must be free and fair trade among here when you hear people just pulling health services, now available under free people with a rule of law. things out of the air, and then you go the Affordable Care Act. They are serv- Mr. SCHWEIKERT. Mr. Speaker, this to the bill and say: But I can’t find ices like maternity care, no-cost birth is one of those things I partially do, I that. control, and mammogram screening. think, as therapy. About once every And you get these weird logic trains But the Senate plan would allow other month, I ask for a block of time that if this happened and a meteor hit States to completely waive any guar- to try to take a bunch of very complex here and this and that. At some point antee of service. States could, once numbers and try to find ways to put we need to be honest with the Amer- again, allow insurers to consider pre- them on boards and demonstrate them. ican people saying it is a math prob- existing conditions, like pregnancy, in I am going to take a little divergence lem. This is not about removing costs setting fees and allow them to charge just for a moment or two, in response from the healthcare system. It is actu- more. Plus, $800 billion in Medicaid to some of the things I have heard ally moving around, how you fairly dis- today. We are actually going to focus cuts and defunding Planned Parent- tribute the cost of it. on debt and deficit and what is actu- hood disproportionately harms women. This summer now we are starting to Mr. Speaker, no matter how many ally demographically driving them, work on it, just like we voted on about what is really happening in this coun- times they say otherwise, they are an hour ago a piece of legislation that try, and what is going to drive all pub- marching back to the bad old days for starts to remove cost out of the sys- lic policy in our life. tem. It is these future pieces of legisla- women. You have had a handful of things said tion, like the tort liability bill that f about the ACA—many people know it was just passed out of the House here, as ObamaCare—and our replacement. I DEBT AND DEFICIT that will actually start to drive down know some of the things that the Sen- The SPEAKER pro tempore (Mr. costs. ate is working on. BERGMAN). Under the Speaker’s an- There is a math problem—and it is Remember a really important con- nounced policy of January 3, 2017, the very simple—in the individual market. ceptual idea: in 1986, there was a law gentleman from Arizona (Mr. So if you hear someone turn to you and passed here, signed by President SCHWEIKERT) is recognized for 60 min- say, This is about healthcare for every- Reagan, that said you cannot deny an utes as the designee of the majority one or this is employer-based, or Medi- American health services if they show leader. care, it is not. up at the emergency room, if they Mr. SCHWEIKERT. Mr. Speaker, I In my congressional district, less show up at the hospital. yield to the gentlewoman from Ohio than 2 percent of my population actu- So if you actually look at the num- (Ms. KAPTUR), who has always treated ally purchased in the individual mar- ber of procedures in society in the last me very kindly. ket. So you have to start putting this 30, 31 years, pre-ACA, after the ACA NAFTA NEGOTIATIONS in perspective. came into effect, what we see in the fu- Ms. KAPTUR. Mr. Speaker, as Here is your math problem. Because ture, we haven’t removed procedures NAFTA renegotiation approaches, I the prices kept moving up and the and costs. We have just moved the rise to call attention to the mammoth deductibles kept becoming larger and money around. U.S. trade deficit with our NAFTA na- larger, half of our population—that 50 All right. So what is happening in tion partners. percent that only uses 3 percent of our country? Do you remember when Our current deficit with NAFTA na- healthcare dollars—stopped buying. the President introduced his budget, tions is $74 billion. This red on the I came across a number earlier this what, about 6 weeks ago, 2 months ago, chart translates into tens of thousands week—I haven’t had a chance to vet it, and the gnashing of teeth and the wail- of lost U.S. jobs, all while wages are de- but it was in a publication—saying ing and the crying? pressed for North America’s struggling that, of the 18- to 30-year-old popu- We have a math problem, and it is workers. Since NAFTA’s passage, there lation that would be in the individual based on demographics. We are going hasn’t been a single year of trade bal- purchasing market, only about 17 per- to see this multiple times in these ance for this country. That translates cent of them were actually buying the slides. I am one of them. I am at the into lost jobs. insurance. very tail end. I am a baby boomer. Thus far, President Trump has failed So those of you who do math, you There are 76 million of us who are baby to correct these trade deficits. In fact, start to understand what happens in a boomers, who are heading towards re- the trade deficit this year has world where half the population that tirement. That demographic curve is ballooned to more than $22 billion from really uses very little healthcare serv- changing the cost structure of govern- the same period in 2016. ices doesn’t buy a product and those ment. Balanced trade accounts in 5 years who are purchasing it are those who On the slide you see next to me, this should be first on our agenda. My bill, are the high users of it. is 9 years from now. Remember, we are

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.098 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5290 CONGRESSIONAL RECORD — HOUSE June 28, 2017 working on, what, the 2018 budget? So little fuzzy, but we are going to just We have to pay interest on it. We are actually less than that. This is what try to walk through these numbers. borrowing money from your retire- the world will look like in 2026. Hopefully, they will make some sense. ment, from the Union retirement, from Do you see the Social Security being Why is this slide up? the State retirement, but we are also 24 percent of all spending? Do you see This one is really important. borrowing money from a thrifty family Medicare being 19 percent of all spend- When you get down to the very last in China, and we owe interest on it. We ing? Do you see interest on the debt? bar chart, do you happen to notice also make ourselves, as a nation, much If you start to add up everything, you something? You notice how they basi- more fragile to the world markets. have to understand the world we are in cally touch each other. We have been incredibly lucky the is we are heading toward a time where That is 2027. last few years of these stunningly low three-quarters of spending—actually, How many years from now—how interest rates. even more than that are what we call many budget years from now? How many of you actually believe mandatory. They are formulas. You get So about 9 budget years from now. the interest rates when you look at a this benefit because you turned a cer- Do you see the lighter blue? 10-year instrument today that I think tain age. You get this benefit because Okay. That is Social Security. The was at 2.2 and believe that is normal? you fell under a certain income. You gray is the Medicare. Then the Med- If we actually just moved back to get this benefit because you served in icaid. Then you get up to net interest. nominal interest rates, our interest the military. Then you see the green at the very top, would grow very quickly in the next But what so many of us talk about as and that is other mandatory. couple of years to be greater than our being government is becoming tiny. In Oh, heaven. Do you understand what entire defense budget. 2026, which is not that long from now, that slide is telling you? As you look at this slide, look out to 11 percent of the budget is going to be That is saying, in 9 years, just the 2026, many years from now, except it is defense; 11 percent of the budget will be mandatory spending consumes all reve- not that long from now. Do you see the nondefense. So that is your parks, that nues, meaning defense will be on bor- green bar up there? is your medical research, that is your rowed money, meaning almost every- That is total debt. That total debt is education. That is this branch of gov- thing you think of as government— starting to crash in on $30 trillion. ernment. That is all the branches of once again, the Park Service, medical A bit of trivia. You often hear the government. So 22 percent will be what research, education—will be on bor- differential people say: Well, there is we call discretionary. It is what I get rowed money. public debt and there is publicly issued to come down here and vote on because At that point we are going to be bor- debt, and then there is debt where we everything else is run by a formula. rowing probably a little over $1 trillion borrow from the trust funds. Okay. And So if you are someone who comes to a year every year, and it gets worse many of the economists really only me and says: I really think we should and worse. score debt that is sold in the open mar- be going to Mars. I really think we I am incredibly blessed. I have a 20- kets. should be doing this type of healthcare month-old, and since the blessing of Okay. Fine. I understand that is the research. I really think we need this her coming into my life and my wife’s practice, but there is something that is money in education. life, I think constantly: In the time I intellectually lazy, because we still Okay. I agree they are all incredibly am spending here in Congress, what am owe the money back to the Medicare important in our society. Are you I handing to her? trust fund, to the Social Security trust going to help me find a way to reform Because right now the game is we fund. It has been a while since I what we call mandatory spending, enti- spend it today, we consume it today, checked this, but I think last year I tlements? and we are going to let our kids and checked, and we were paying a 3.1 per- Entitlements—because of the aging our grandkids pay it back. cent interest spiff. So we pay a higher of our population—is the primary driv- How does this become ethical? interest rate for borrowing those mon- er, are consuming every incremental Yet if you listen to the speeches that eys out of those trust funds. dollar. happened on this floor today, it was Do we have an obligation to pay that In a decade, this government will be speech after speech of: We want more back? spending $1 trillion more, and every money for something. Of course we do. But for the intellec- dime of that will functionally have At the same time—this is impor- tually lazy, it is just so much more gone into entitlements. We will have tant—do you know how much we are comforting to say: Well, let’s just not gone 10 years where what we call dis- going to borrow today? look at that because, if we look at cretionary spending—you know, these We are going to borrow over $1.6 bil- that, we are already over 100 percent of little two parts here—has stayed flat lion today. debt-to-GDP when we put in those dol- for a decade. I have 1 hour to speak here to you. lars we have loaned to the general This huge growth in government is Hopefully, if we are all blessed, I won’t fund. Let’s just call it that. actually in Medicare, Medicaid, Social go that long. Let’s move on to the next one. If you Security. Certain other entitlements Okay. So $1.6 billion divided by 24. look at this slide, you notice there is are things you get because you fell Sixty-six million dollars an hour. starting to be a theme here. I am try- below a certain income, and interest on Start to divide that and just think ing desperately to get my brothers and the debt. Until we are actually honest about that is just the borrowing side of sisters in this body to understand the about this—because it is so dangerous spending, because we are going to greatest threat to our society is the for a political person to even say the spend about $11 billion today on a $4 money we are spending that we actu- words ‘‘Medicare’’—we have to look at trillion-plus budget. So just understand ally don’t have a way to pay for. If you the numbers and understand the trust that this is where we are going. This is actually look at demographics and funds are bleeding. already baked into the cake. This is where this debt curves, it just blows off If you really want to protect our the math. the charts. brothers and sisters and protect retir- It is time for almost revolutionary This is an interesting little slide. ees, some of these are things we should thoughts on we need to look at the This is a CBO slide for 2027. When you have done a decade ago. And we keep budget holistically. That means no actually look at it saying: Okay. What avoiding them because so often Wash- longer having this little silo over here does the world look like if mandatory— ington cares more about the political of this is discretionary, this is manda- Okay. Do you see the blue? up side of attacking each side from tory; and if you even talk about man- That is mandatory and defense even mentioning what is going on de- datory, you lose your political office. spending. Because many people say: mographically and in these numbers. In many ways, this one is sort of Look, we are going to spend on defense. We are going to try to run through a doing the same thing but letting you We will be down to only—11 percent bunch of these slides. Some of them, I see what is happening on the debt side. of this budget will be things you think apologize, when you blow them up on Now, why is the debt side so incred- of as government. Everything else will the big printer, they are going to get a ibly important to also focus on? be entitlements or defense.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.100 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5291 Just as a perspective, we did this the entire curve? That is payroll taxes. rates. We are only expecting about $266 slide just so you could sort of see. I That is the income that goes into your billion in interest. Still stunning hear candidates running for office say: unemployment, your Social Security amounts of money. But the little white We are going to take care of waste and disability, your Social Security, your area is what most people will think of fraud, and that will balance the budget. Medicare. Those are revenues that are as government. Really? When only 11 percent of the specifically for either your retirement So if you look at last year—and the budget in just a few years will be ev- future, if you have a break in your em- nice thing about using this one is it is erything that isn’t mandatory or isn’t ployment, or, God forbid, you become booked. We know what it is. We took in defense? permanently or temporarily disabled, $3.3 trillion; we spent $3.9 trillion. You You have got to understand the with Social Security disability having already start to see the structural dif- scale. its definition of what temporarily dis- ference. This one is a little hard to read. I am abled is. So, if you actually start to come over going to reach over to it and play with Just to understand, those are our here, now this is much better than it my pen. revenue sources. was a few years ago. The problem is, in When you actually look at this, what Then you will see the little slivers on this fairly strong economy, it is closed, I am begging of you also to understand the bottom, and some of that is tariffs and now, demographically, it is about is—I think this is the 2016 year—we and some of the other fees that come to start to move away from us. This is spent actually a bit over $3.9 trillion, in, partially through trade. the line you always have to constantly but we only took in $3.3 trillion. I know, sometimes these slides are a think about. You see the nature of the differen- little hard to see, so we actually blew If that is my revenues and I drop my tial? a couple of them up. The idea here was line down, you have to start under- standing that everything beyond that b 1800 just so you could actually see the total revenues. line is borrowed money. Just visually, And when you start to look at, first Now, this is for 2017, so this is our I have always found this easiest when off, the beige there in the upper, we projection of what is going on this you actually start to show different have been really blessed with incred- year. groups saying: ‘‘Look, this is just ibly low interest rates. So at a time And my wife, right about now is where we are at.’’ And then you will where we should have actually been when she would typically start texting stand up and say: ‘‘Hey, why don’t we having an interest bill that would have me and saying I am putting everybody do this? Tell me what I can cut because been approaching a few hundred bil- to sleep. But I am married to an ac- you want a balanced budget this year.’’ lion, we had less than $250 billion. countant, so that could explain why we All right. Understand the math. If we Now, the dear Lord and the interest have no friends. are going to borrow $600 billion, that is markets have been very, very kind to That is the payroll taxes. most of defense. us. When you actually look at the Do you see the far side? Let’s call it Okay. How about the other side, ev- curve, so much of the spending, once turquoise. That is the individual in- erything else we call discretionary? We again, is what we call mandatory. But come tax. That is why those of us on could actually eliminate all of it and, if you actually look at—we will call it the Ways and Means Committee, when believe it or not, you still don’t have the rust over there, something most we are actually working on tax reform, enough money to cover the borrowing. people don’t understand. I am going to many of us believe we have to sort of So, if you are borrowing $600 billion reach over and point to what is the in- do an organic, a unified budget or a tax this year, I believe that is greater than dividual income tax portion. What reform proposal that actually does ev- all of the nondefense spending in the most people don’t understand is the in- erything from what you see here, cor- government this year. dividual income tax is the majority of porate, which actually is much of our So let’s actually start going through the income to this country that is not job engine, over to the individual, a little bit more where we are at and intended for one of the trust funds. which is also now a huge portion of our what is actually about to happen. The If you actually look at the corporate job engine. frustrating thing here is we have a income tax, it has been going up, but it Do not let someone just talk about number of charts that we have worked is still a fairly small sliver. Now, why lowering rates and not also understand on about why we have been so off on did that change? And so often I will get that what you see on the individual our economic growth projections. If people that bring me charts and say: side may be what you pay as a worker, you go back a couple of years ago, we ‘‘David, 25, 30 years ago, the corpora- but also, if you are an employer but had these fairly rosy pictures where we tions paid so much more.’’ Well, also, you are organized as an LLC or part- were going to be, yet the country has 25, 30 years ago, there was this new nership or pass-through, you are also not grown nearly fast enough. concept of pass-throughs: LLCs and on that side, just to know it is out We are hoping this year, with the partnerships. there. new administration, you are actually So what happened is many things Now we get to some of the more fun starting to see economic growth that that used to be corporations in the fif- stuff. will take care of a lot of these sins. I ties, sixties, seventies, up and through You were just looking at some of our think GDP now, as of a couple of days the eighties, at the end of the eighties revenues. We already know that this ago, the Atlanta Fed’s calculator was there was this revolution where States year, if you use the President’s budg- at about 2.9 percent of GDP. You would all over said: Hey, why don’t we create et—or Office of Budget and Manage- like to be substantially higher, but if these pass-through entities; they’re ment—we are about $600 billion short. we could hold 2.9 through the rest of more tax efficient. If we use that of the Congressional the year, we will take it because it is How many of you actually have had Budget Office, we are, let’s just call it, so much healthier than where we have an LLC? Well, that is a pass-through $550 billion short, meaning we are been the last few years. entity. But that is where you actually spending that much more money than Why this is important is, I just want see the shift of corporate taxes going we are taking in. to show, the Congressional Budget Of- down and individual taxes going up. It But, once again, let’s actually just fice’s baseline for 2017, $559 billion is not that corporations all of a sudden look at where we are spending the more spending than we are taking in. start escaping taxes. It is their taxes money. So the turquoise, Social Secu- But I am going to reach way over here now were actually booked as individual rity, Medicare, and other health pro- and say, hey, what does the world look income. Just to understand, so when grams, so Medicare and Medicaid. Na- like 10 years from now? Ten years from you see those charts, you have got to tional defense is this. Then come over now it is saying the annual shortfall, be able to sort of process and think here. This is everything else, and this the annual borrowing, will be 1.4—actu- that through. is interest. ally, let’s be accurate—$1.408 trillion. This is sort of important to under- So, last year, we spent about $245 bil- So just the borrowing in 9 budget stand where the taxes are. But, do you lion in interest. This year, we are still years will be greater than all of the see that circle there, that 40 percent of blessed with incredibly low interest discretionary spending of this year.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.101 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5292 CONGRESSIONAL RECORD — HOUSE June 28, 2017 And it is growth in entitlements; it is countries that are going to have lots of old and are going to actually have very growth in mandatory spending. young people, and they are our future different societal needs. Why isn’t that what you hear behind markets. This is the mandatory spending these microphones all day long? I have We in the United States are moving chart. I actually wanted to spend just a to believe that those of us who get be- down. I think our average age this year moment over here on some of the per- hind those microphones, we love our is 37.2, and that will continue to go up centages. This one I know is really kids and we love our grandkids, but for about the next 25 years. hard to read, but if you actually start this is absolute decimation of the fu- I just put this up because it is fas- to look at the second part over here, ture. cinating seeing where the young people ‘‘discretionary,’’ do you see all of those And do not blame the parts of the are going to be in the world, and we little tiny percentages? This is where a government that we vote for, the dis- need to start thinking about, if we are lot of our discussions get very dis- cretionary, because the math doesn’t getting older as a society, how do we ingenuous around here. show that. When you actually take a still use our intellectual prowess, our We will have people coming behind look at this, you see the darker and the creativity, our manufacturing prowess these microphones almost acting like lighter. The darker is defense, the to make things that are desirable to their hair is on fire because some dol- lighter is nondefense. growing populations, and let’s make lars have been removed from this agen- One more time, I know this is sort of sure we have built a world and environ- cy, or dollars are going to be removed geeky. But if you actually look from ment here where we can sell things to from this spending program, and the 1996 to 2001, yes, we have had certain them. unwillingness to understand the scale economic upheavals; we have had an that we are talking about. It is just b 1815 attack on our country. But if you actu- real simple. ally look at the percentages of gross Because if we don’t, we don’t have If that is every dollar of discre- domestic product, which is how so the market ourselves. We are not going tionary spending plus defense, and many economists sort of look at our to have enough young consumers. So every dollar of mandatory, the manda- spending and say, ‘‘Hey, you are spend- you have got to take that into reality. tory is what, two-and-a-half times big- ing 3 percent over here of your GDP on Once again, this one is a tough chart. ger? So if you are going to have a dis- defense,’’ it is pretty much identical It is on here just basically to under- cussion of spending priorities, are we where we were last year as to where we stand what is happening in the world. going to be a mature enough group to were 10 years or 20 years earlier. What is incredibly fascinating is many actually deal with the reality where So, once again, what is exploding on Americans see China as our primary the dollars are at? I promise, we are us? Well, if you want to break it down, competitor, and in many products they down to the last couple of these. if you actually look at the different are. So the share of the budget outlays, categories—and we are only going to do On high-value products, countries and this one is more—I am not being this slide for a second—the different like Germany, actually, are more of a judgemental on this. It is just more of categories will have stayed almost flat competitor. But do you see this line a thought experiment. This is actually in the discretionary area for 10 years. here, this collapse? That is the Chinese from the Urban Institute, which it is So what is happening in our society? demographics. If you understand that always interesting to see a Republican We are getting older. Something I line, you understand a lot of things using charts from the Urban Institute. thought was just fascinating because I that China is doing around the world in This is a couple of years old, and the have a great interest in the reality: We trying to buy assets that produce in- chart now is actually more aggressive. knew people were going to be turning come so they will actually have an in- I just couldn’t get the newest one 65. We knew baby boomers were going come stream to start paying for their printed. to be turning 65 for how many years? senior population. Do you see this little edge right here? This body knew we had 76 million of The United States is this dark here, This is sort of the Federal spending. our brothers and sisters who were born and you will see—here is where we are Ten percent is going to children. in an 18-year period that would be mov- at. We are sliding. But look at how Forty-one percent of the spending goes ing into their time with their earned many of our trading partners also are to seniors. It is just a thought experi- benefits, and we did what to prepare for in the same demographic curve. It is ment. We want to honor and keep our it? So we are now about our fifth year just worth understanding that when commitments to the earned entitle- into the baby boomers retiring, and we you see many of us who lean towards ments, but the reality of the demo- are now beyond the inflection point. being free traders, we are looking for graphics keep moving up, and as we If you went to school many years ago where there are populations in the keep those commitments, the pressure and you sat in a demographics class, world that we can go sell things to. I on everything else is going to get much they talked about, oh, in the 2000s, am an American; I want to sell you more cantankerous, much more there is going to be this time where something. cranky, much more difficult. you are coming up against this inflec- Now, within the Nation, just fascina- We have a saying in our office: It is tion where the spending is going to ex- tion, if year 2000 the average age in the always about the money. Some of the plode. United States was 35.3, 16 years later, disharmony you hear around here is You are going to see a couple of we are 37.9, that is a huge shift. I know going to get louder because, as you slides in a moment where I am going to that may not seem like a big difference have already seen, the trillion-dollar show you what has happened now when you start talking about two-and- engine over the next few years that where, when I was a child, for every $4 a-half some points. That is a big shift consumes the next trillion dollars is all spent for children, $1 was spent for sen- in 16 years on average age. mandatory spending, is all demo- iors. Today, that is reversed. There is But also what is fascinating is for graphics. So that is just another some math difference in there and those of us out in the West, we will ac- thought experiment. there is some population difference, tually be somewhat younger than the Every once in while we will get the but that is where we are at. middle of the country and back East. I people who come to us and say: Hey, This is an interesting slide. You do am blessed to be from Maricopa Coun- David, why don’t you remove this pro- understand, as a nation, we function- ty, Arizona, the fastest growing county gram or that program? One more time, ally have zero population growth with- in the country. Come visit us. But it is we are borrowing—so much for my out immigration. In about 25 or 30 also to understand that this aging of writing—$1.6 billion every single day. years, the country of Nigeria will have America also is going to require dif- And that is just the borrowing side, more population than the United ferent societal needs, and different and we are spending close to $11 billion States. So when you hear someone States are going to have very different every single day. talk, saying, ‘‘Well, I am uncomfort- approaches. So on occasion, you will get a group able with trade,’’ they have got to un- If you actually look at a State like that comes in and says: David, we want derstand, if we need consumers for our Utah, it remains fairly young. Some of you to get rid of all foreign aid, but we products, we need to be finding these our States back East actually get quite want to make sure you still protect

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.103 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE June 28, 2017 CONGRESSIONAL RECORD — HOUSE H5293 Israel, and we still want to help the So at this time, I yield to the gen- has not issued a resolution, breaking countries that are trying to help us tleman from Colorado (Mr. POLIS), the with an 8-year tradition. This is some- deal with narcotics. co-chair, after which I shall make some thing that is expected. It is something And you start to get down and say: additional comments. that has occurred, and people tend to Okay, so you want us to cut half of the Mr. POLIS. Mr. Speaker, I thank the look to the top for the tone and tenor foreign aid budget? gentleman, AL GREEN of Texas, for of our behavior to be demonstrated. Okay, great. Well, that would be bringing forward a resolution simply I regret that we did not get the reso- about 14 days of borrowing—not spend- acknowledging the importance of this lution from the White House. My pray- ing, borrowing. Because remember, we month to the millions of gay, lesbian, er is that at some point the White are borrowing $1.6 billion every day. bisexual, and transgender Americans House will have a change of heart, a And there becomes the intellectual across the country. change of mind, and will present a res- problem where you will get an indi- AL GREEN’s resolution stands in olution. vidual who comes in and says: David, stark contrast to the silence of the But be that as it may, tonight we are just take care of the waste and fraud. Trump administration. For the first proud to present this resolution, and it And there is waste and fraud out there, time in nearly a decade, there was no is important that I present it as an ally and we are going to have to do it. And White House proclamation to celebrate of the LGBTQ community. I am an ally we are going to have to be much more Pride. And, you know what, Mr. Speak- of the community for good reason, Mr. disciplined in the adoption and the use er, we are all proud of being Ameri- Speaker. of technology. cans, and we all are proud of our herit- Mr. Speaker, I know what discrimi- But a lot of that language is gim- age, and we are proud of who we are. nation smells like. I know what it mickry until you have someone who is Just as people are proud of their Irish- talks like. I know what it walks like. I willing to step up and actually just American heritage, or their Catholic know what it looks like. I have been talk about the demographics that are heritage, or they are proud to be the victim of invidious discrimination. our Nation. women or proud to be men, people who I lived in the South. I am a son of the So think about this: I will have stood are LGBT in our country no longer South, and the rights that were ac- behind this microphone—let’s just pre- need to stay in the closet. corded me under the Constitution of tend it is an hour. Do you feel like you They can be fully authentic with who the United States of America, Mr. got $66 million worth of speechifying? they are, and they can celebrate in a Speaker, were denied by my fellow citi- Because we are borrowing $66 million a spirit of brotherhood and sisterhood zens of the South. minute, $1.6 billion a day, and it is just I lived in the South, Mr. Speaker, with their allies, and other LGBT not that. born in Louisiana, lived in the South One of the reasons this is such a pow- Americans. Mr. Speaker, I got to participate in at a time when I had to drink from col- erful chart—and this is from a private the Pride festivities in Denver this ored water fountains. And I must tell organization that does the U.S. debt year, and I am looking forward next you, a good many of them were not the clock. You do realize, the majority of week to, for the very first time, being kinds of fountains that you would want debt in this country is borrowed. to drink from. They were filthy, to be There was an article in Politico a the grand marshal of a parade, the Col- orado Springs Pride Parade. I have quite frank with you. couple of years ago that did this bril- I lived in the South at a time when I never had the opportunity to be a liant job. If you actually think about had to sit in the back of the bus. There grand marshal before. this, all of the student loans, all of the could be many seats available in the But I am glad that AL GREEN and his mortgages that have Fannie Mae, front of the bus, but I had to make my cosponsors, including myself, are lend- Freddie Mac, Ginnie Mae, SBA, all of way to the back to claim my seat. ing their voice, to say that this body, these things, it was somewhere around I lived in the South at a time when I the House of Representatives, wants to, 63 or 64 percent of all debt in the had to sit in the balcony of the movie. of course, honor and respect the full di- United States, you and I as taxpayers It didn’t matter that there were seats versity of our country, and in the in- guarantee. in the lower level. I was always shown clusive spirit, celebrate the civil rights The unfunded liabilities in Medicare the balcony. itself over the 75 years, many actuaries accomplishments of the LGBT move- b 1830 have over $100 trillion. So when you see ment as well as recognize the work us fussing with each other down here, ahead to make sure that LGBT Ameri- At a time when I had to receive my it is almost always about the money. cans are fully equal under the law. food from the back door, couldn’t go in And until we are willing to start talk- Mr. AL GREEN of Texas. Mr. Speak- to many restaurants, and if I did have ing about these numbers that are spin- er, I thank the gentleman for his kind a restaurant that I could go in, it was ning out of control, the fussing is just words, and I especially thank him for some room in the back that was set going to get more and more angry until coming to the floor tonight. It means a aside for coloreds only—colored water we step up and deal with the reality of lot that a member of the caucus would fountains, colored restrooms, back of what is driving our future, and that is be here, and I want to let him know the bus, balcony of the movie, and, demographics. that I wish him the very best with the when we were locked up at that time, Mr. Speaker, with that I yield back Pride parade next year. it was in the bottom of the jail. the balance of my time. In Houston, we had our Pride parade. I know what invidious discrimination It is one of the largest events in Hous- f is like, Mr. Speaker, which is why I am ton, Texas. Literally, thousands upon here tonight, because I believe that, PRIDE RESOLUTION thousands of people line the streets, until all of us are free of invidious dis- The SPEAKER pro tempore (Mr. HIG- and everybody is celebrating a rich his- crimination, every one of us is at risk GINS of Louisiana). Under the Speaker’s tory that is American history. Again, I of being a victim of invidious discrimi- announced policy of January 3, 2017, thank the gentleman for his attend- nation. the gentleman from Texas (Mr. AL ance. This resolution is important because GREEN) is recognized for 60 minutes as Mr. Speaker, the resolution has 26 it speaks of the many gains that have the designee of the minority leader. original cosponsors, and this resolution been made in the LGBTQ community: Mr. AL GREEN of Texas. Mr. Speak- is one that we have presented for many Barney Frank, the first openly gay er, I rise tonight, and I am proud to do years. As I am grateful to the many Member of Congress; Annise Parker, so, to present the Pride Resolution as who have signed on to this resolution, first openly gay mayor in the city of June is Pride Month. I have to mention Senator SHERROD Houston; speaks of Stonewall; speaks I am also very proud tonight to have BROWN because he has presented a reso- of many accomplishments; speaks of a with me a member of the LGBT Equal- lution on the Senate side to acknowl- lot of the tears that have been shed. ity Caucus, who happens to be the co- edge June as Pride Month. But tonight I want to really focus on chair—one of the co-chairs. There are 6 He has done so because of the cir- the very end of the resolution. Rather co-chairs and 11 vice chairs, 109 mem- cumstance that was called to our at- than go through all of the whereases, I bers. tention by Mr. POLIS. The White House want to go to the be it resolved.

VerDate Sep 11 2014 05:29 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K28JN7.104 H28JNPT1 SSpencer on DSKBBV9HB2PROD with HOUSE H5294 CONGRESSIONAL RECORD — HOUSE June 28, 2017 Resolved: That the House of Rep- service, certain services, because of this President will issue a proclama- resentatives recognizes that lesbian, your sexual orientation. One would tion, if you will, a resolution of a sort, gay, bisexual, transgender, and queer— think that we were long past the time recognizing June as Pride Month, LGBTQ—rights are human rights and when people would judge you and draw LGBTQ Pride Month. are protected by the Constitution, the conclusions about who you are and Mr. Speaker, I yield back the balance Constitution of the United States of what you represent simply because of of my time. America; recognizes that all Americans your sexual orientation. f should be treated fairly and equally, Sexual orientation is not a limita- BILL PRESENTED TO THE regardless of sexual orientation or gen- tion on a person’s dignity, on a per- PRESIDENT der identity. son’s humanity. Sexual orientation This is important, Mr. Speaker, be- does not divest a person of citizenship, Karen L. Haas, Clerk of the House, cause in this country today, in the does not divest a person of rights sup- reported that on June 27, 2017, she pre- United States of America today, we ported under the Constitution. Sexual sented to the President of the United still have people who are being dis- orientation is but a means by which a States, for his approval, the following criminated against because of who they person was born into this world. bill: are. I believe that my God doesn’t make H.R. 1238. To amend the Homeland Secu- rity Act of 2002 to make the Assistant Sec- In the United States of America, any junk. I believe that my God cre- retary of Homeland Security for Health Af- there are still people who have rights ated people purposefully and created fairs responsible for coordinating the efforts that are accorded them under the Con- them as they are to be who they are in of the Department of Homeland Security re- stitution, very similar to my cir- a world where all persons should be lated to food, agriculture, and veterinary de- cumstances—not the same, but very treated equally, created equally by fense against terrorism, and for other pur- similar, very similar, not the same, to God, treated fairly and equally by hu- poses. my circumstances—wherein the rights manity. f that were accorded under the Constitu- So since I believe this and I have had ADJOURNMENT tion were denied by my fellow Ameri- these experiences, it is appropriate Mr. AL GREEN of Texas. Mr. Speak- cans, and people today are having that I stand here on the floor of the er, I move that the House do now ad- House of Representatives to say to the rights denied by their fellow Ameri- journ. cans. world that we as a great nation should The motion was agreed to; accord- Mr. Speaker, Mr. CICILLINE, DAVID not allow ourselves to continue to deny ingly (at 6 o’clock and 42 minutes CICILLINE, Representative CICILLINE, human rights and human dignity to p.m.), under its previous order, the has a bill, H.R. 2282, the Equality Act. people because of their status, a status House adjourned until tomorrow, This bill has 195 cosponsors. This bill that they were born with, a status that Thursday, June 29, 2017, at 10 a.m. for would address the inequalities that we the Supreme Court recognizes, a status morning-hour debate. see in America. that is to be protected under the Con- f Examples are always good. In this stitution of the United States of Amer- country, the Supreme Court has made ica. REPORTS OF COMMITTEES ON marriage equality the law of the land. I am proud to stand here and take up PUBLIC BILLS AND RESOLUTIONS One would think that, if it is the law of the challenge and the cause. I am a Under clause 2 of rule XIII, reports of the land, all persons who are married person who believes that, until we have committees were delivered to the Clerk would be treated the same as all other paid the debts to others for the work for printing and reference to the proper persons who are married. All persons that they have done to accord us our calendar, as follows: who happen to be of the LGBTQ com- freedom, we still have a job to do. Mr. ROE of Tennessee: Committee on Vet- munity would be treated like I would There is still great work to be done. erans’ Affairs. H.R. 91. A bill to amend title be treated if I were married, as a per- I didn’t get here because of my work 38, United States Code, to make permanent son who is not a member of the com- alone. I didn’t get here because I am the pilot program on counseling in retreat munity, but an ally. the person who ought to have this posi- settings for women veterans newly separated from service in the Armed Forces (Rept. 115– That is not the case, Mr. Speaker. In tion. There were people who sacrificed 197). Referred to the Committee of the Whole the United States of America, if you and made it possible for me to have House on the state of the Union. are married and you are of the LGBTQ this opportunity. There were people Mr. MCCAUL: Committee on Homeland Se- community and you wear your ring to who surrendered their lives so that I curity. H.R. 2825. A bill to amend the Home- work the next day and proudly an- would have the opportunity to stand land Security Act of 2002 to make certain nounce that you are married, you can here tonight. improvements in the laws administered by the Secretary of Homeland Security, and for be fired. You can be fired for engaging So I owe a debt, and I am standing other purposes; with an amendment (Rept. in an act that is constitutional in the here tonight to continue to repay the 115–198). Referred to the Committee of the United States of America. debt I owe to others who made it pos- Whole House on the state of the Union. Why? Because we have about 31 sible for me to have the rights and f States that have not clearly defined enjoy the rights—to be more specific, the fact that all persons are to be enjoy the rights—that I enjoy in this PUBLIC BILLS AND RESOLUTIONS treated equally, endowed by their Cre- country, and I want others to enjoy Under clause 2 of rule XII, public ator with these certain inalienable these rights as well. bills and resolutions of the following rights, among them, life, liberty, and This is not to say that all of the dis- titles were introduced and severally re- the pursuit of happiness. All persons, crimination against African Americans ferred, as follows: this would include people who are of is over and the world is a perfect place. By Mrs. CAROLYN B. MALONEY of the LGBTQ community. But, unfortu- It is not. But it is perfect enough for New York (for herself, Mr. KING of nately, in a good many States, they me to come to the floor of the House of New York, Ms. MAXINE WATERS of can be fired for just showing up to Representatives and stand for justice California, Mr. ROYCE of California, and Ms. MOORE): work and announcing that they are of for others just as persons have stood H.R. 3089. A bill to amend title 31, United the LGBTQ community. for justice for me. States Code, to ensure that persons who Mr. Speaker, no one should be denied So I thank you for the time, Mr. form corporations or limited liability com- the right to work because of who the Speaker. It has been time well spent, in panies in the United States disclose the ben- person happens to be when it is a law- my opinion. I am honored that this res- eficial owners of those corporations or lim- ful—lawful—status that you occupy. olution has been presented. I am hon- ited liability companies, in order to prevent Marriage is lawful in this country. Peo- ored that it has cosponsors—26. wrongdoers from exploiting United States ple ought not be punished for being My prayer is that one day the House corporations and limited liability companies for criminal gain, to assist law enforcement married. of Representatives will pass this reso- in detecting, preventing, and punishing ter- People ought not be punished for lution; my prayer is that one day Mr. rorism, money laundering, and other mis- their sexual orientation in this coun- BROWN’s resolution will pass in the conduct involving United States corpora- try. In this country, you can be denied Senate; and my prayer is that one day tions and limited liability companies, and

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for other purposes; to the Committee on Fi- the Committee on Ways and Means, and in Mr. CARBAJAL, Mr. JOHNSON of Geor- nancial Services. addition to the Committee on Energy and gia, Mr. CORREA, Ms. CLARK of Massa- By Mr. MCHENRY (for himself and Mr. Commerce, for a period to be subsequently chusetts, Mr. GALLEGO, Ms. ARRINGTON): determined by the Speaker, in each case for BARRAGA´ N, Mr. CARSON of Indiana, H.R. 3090. A bill to amend the Internal Rev- consideration of such provisions as fall with- Mr. TAKANO, Mr. MOULTON, Mr. enue Code of 1986 to prevent individuals re- in the jurisdiction of the committee con- VARGAS, Ms. MOORE, Mrs. DAVIS of ceiving work authorizations under certain cerned. California, Mrs. WATSON COLEMAN, deferred action programs from being eligible By Mr. SANFORD: Mr. WELCH, Mr. KIHUEN, Mr. SCOTT of for the earned income tax credit; to the Com- H.R. 3099. A bill to establish Fort Sumter Virginia, Ms. HANABUSA, Mr. POLIS, mittee on Ways and Means. and Fort Moultrie National Park in the Mr. SCHIFF, Mr. RASKIN, Mr. QUIGLEY, By Mr. POCAN (for himself and Mr. State of South Carolina, and for other pur- Ms. NORTON, Ms. JAYAPAL, and Mr. CONYERS): poses; to the Committee on Natural Re- POCAN): H.R. 3091. A bill to amend the National sources. H. Res. 419. A resolution encouraging the Voter Registration Act of 1993 to limit the By Ms. SINEMA (for herself, Mr. BUDD, celebration of the month of June as LGBTQ authority of State election officials to re- Mr. JEFFRIES, Mr. STIVERS, Mr. Pride Month; to the Committee on the Judi- move registrants from the official list of eli- LYNCH, Mr. KILDEE, Mr. ROSS, Mr. ciary. gible voters in elections for Federal office in MESSER, Mr. AUSTIN SCOTT of Geor- By Mr. LEVIN: the State on the basis of interstate cross- gia, Mr. SHERMAN, Mr. DELANEY, and H. Res. 420. A resolution expressing support checks, and for other purposes; to the Com- Mr. GOTTHEIMER): for the designation of the week of July 9 mittee on House Administration. H.R. 3100. A bill to require the President to through July 15, 2017, as ‘‘Sarcoma Aware- By Mrs. HARTZLER (for herself, Ms. develop a national strategy for combating ness Week’’ and July 15, 2017, as KUSTER of New Hampshire, and Mrs. the financing of terrorism and related forms ‘‘Leiomyosarcoma Awareness Day’’; to the WALORSKI): of illicit finance, and for other purposes; to Committee on Energy and Commerce. H.R. 3092. A bill to amend part D of title IV the Committee on Financial Services. By Mr. SMITH of New Jersey (for him- of the Social Security Act to require the By Mrs. TORRES: self and Ms. BASS): Secretary of Health and Human Services to H.R. 3101. A bill to enhance cybersecurity H. Res. 421. A resolution urging the Admin- modify the Federal Parent Locator Service information sharing and coordination at istration to develop more effective and time- to improve search functions and include ports in the United States, and for other pur- ly responses to famine in Africa, especially State responsible father registry search poses; to the Committee on Homeland Secu- efforts to end the conflicts in South Sudan, functions, and for other purposes; to the rity, and in addition to the Committee on Nigeria, and other countries that cause or Committee on Ways and Means. Transportation and Infrastructure, for a pe- exacerbate famine; to the Committee on For- By Mr. CAPUANO (for himself, Mr. riod to be subsequently determined by the eign Affairs. Speaker, in each case for consideration of STIVERS, Mr. MEEKS, Mr. FOSTER, and f Mr. GONZALEZ of Texas): such provisions as fall within the jurisdic- H.R. 3093. A bill to amend the Volcker Rule tion of the committee concerned. CONSTITUTIONAL AUTHORITY to permit certain investment advisers to By Mr. VEASEY (for himself, Mr. STATEMENT ´ share a similar name with a private equity TAKANO, Mr. GUTIERREZ, Mr. GON- Pursuant to clause 7 of rule XII of fund, subject to certain restrictions, and for ZALEZ of Texas, Mr. CORREA, Ms. other purposes; to the Committee on Finan- JACKSON LEE, Mr. RASKIN, Mr. AL the Rules of the House of Representa- cial Services. GREEN of Texas, Mr. VELA, Ms. tives, the following statements are sub- By Mr. CROWLEY: MCCOLLUM, and Mrs. DEMINGS): mitted regarding the specific powers H.R. 3094. A bill to authorize a national H.R. 3102. A bill to amend title 10, United granted to Congress in the Constitu- grant program for on-the-job training; to the States Code, to improve the provision of nat- tion to enact the accompanying bill or Committee on Education and the Workforce. uralization assistance to members of the uni- joint resolution. By Mr. MOULTON (for himself and Mr. formed services, including new recruits, who By Mrs. CAROLYN B. MALONEY of BANKS of Indiana): are not citizens of the United States, and for H.R. 3095. A bill to prohibit or suspend cer- other purposes; to the Committee on Armed New York: tain health care providers from providing Services. H.R. 3089. Congress has the power to enact this legis- non-Department of Veterans Affairs health By Mr. VEASEY (for himself, Mr. lation pursuant to the following: care services to veterans, and for other pur- TAKANO, Mr. GUTIE´ RREZ, Mr. GON- Article I, Section 8, Clause 3 poses; to the Committee on Veterans’ Af- ZALEZ of Texas, Mr. CORREA, Ms. By Mr. McHENRY: fairs. JACKSON LEE, Mr. RASKIN, Mr. AL H.R. 3090. By Mrs. NOEM: GREEN of Texas, Mr. VELA, Ms. Congress has the power to enact this legis- H.R. 3096. A bill to implement a mandatory MCCOLLUM, and Mrs. DEMINGS): lation pursuant to the following: random drug testing program for certain em- H.R. 3103. A bill to direct the Secretary of Article 1, Section 8: The Congress shall ployees of the Indian Health Service, and for Defense and the Secretary of Homeland Se- haven the Power To lay and collect Taxes, other purposes; to the Committee on Natural curity to jointly conduct a study and submit Duties, Imposts and Excises, to pay the Resources, and in addition to the Committee a report on deported veterans; to the Com- Debts and provide for the common Defence on Energy and Commerce, for a period to be mittee on the Judiciary, and in addition to and general Welfare of the Unites States, but subsequently determined by the Speaker, in the Committee on Armed Services, for a pe- all Duties, Imposts and Excises shall be uni- each case for consideration of such provi- riod to be subsequently determined by the form throughout the United States. sions as fall within the jurisdiction of the Speaker, in each case for consideration of By Mr. POCAN: committee concerned. such provisions as fall within the jurisdic- H.R. 3091. By Mr. RICE of South Carolina (for tion of the committee concerned. Congress has the power to enact this legis- himself, Mr. RENACCI, and Mr. KELLY By Mr. SMITH of New Jersey (for him- lation pursuant to the following: of Pennsylvania): self and Ms. PELOSI): Article I, Section 8, Clause 18 of the Con- H.R. 3097. A bill to amend title II of the So- H. Con. Res. 67. Concurrent resolution urg- stitution of the United States, which states: cial Security Act to prohibit credit for serv- ing the Government of the People’s Republic The Congress shall have the power to make ice for purposes of a Federal annuity to em- of China to unconditionally release Liu all laws which shall be necessary and proper ployees of the Social Security Administra- Xiaobo, together with his wife Liu Xia, to for carrying into execution the foregoing tion for certain violations, and for other pur- allow them to freely meet with friends, fam- powers, and all other powers vested by this poses; to the Committee on Ways and Means, ily, and counsel and seek medical treatment Constitution in the Government of the and in addition to the Committee on Over- wherever they desire; to the Committee on United States, or in any Department or Offi- sight and Government Reform, for a period Foreign Affairs. cer thereof.’’ to be subsequently determined by the Speak- By Mr. DUFFY (for himself, Mr. SEN- By Mrs. HARTZLER: er, in each case for consideration of such pro- SENBRENNER, Mr. GALLAGHER, Mr. H.R. 3092. visions as fall within the jurisdiction of the GROTHMAN, and Mr. KIND): Congress has the power to enact this legis- committee concerned. H. Res. 418. A resolution urging the Sec- lation pursuant to the following: By Ms. SA´ NCHEZ (for herself, Ms. retary of the Interior to recognize the cul- Article, I, Section 8, Clause 1 (The Con- MICHELLE LUJAN GRISHAM of New tural significance of Rib Mountain by adding gress shall have Power To lay and collect Mexico, Ms. ROYBAL-ALLARD, Mr. it to the National Register of Historic Taxes, Duties, Imposts and Excises, to pay LOWENTHAL, Mr. CONYERS, Ms. Places; to the Committee on Natural Re- the Debts and provide for the common CLARKE of New York, and Mr. LARSEN sources. Defence and general Welfare of the United of Washington): By Mr. AL GREEN of Texas (for him- States) of the United States Constitution. H.R. 3098. A bill to amend title XVIII of the self, Mr. SHERMAN, Ms. BLUNT ROCH- By Mr. CAPUANO: Social Security Act to provide for coverage ESTER, Mr. PANETTA, Ms. SPEIER, Mr. H.R. 3093. of certified adult day services under the NORCROSS, Ms. JACKSON LEE, Mr. Congress has the power to enact this legis- Medicare program, and for other purposes; to SEAN PATRICK MALONEY of New York, lation pursuant to the following:

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Article I, Section 8, Clause 3 H.R. 377: Mr. KINZINGER and Mr. CHABOT. H.R. 1811: Mr. HUIZENGA. By Mr. CROWLEY: H.R. 392: Mr. HARRIS. H.R. 1814: Mr. WITTMAN. H.R. 3094. H.R. 490: Mr. WALKER, Mr. GOWDY, Mr. H.R. 1820: Mr. COSTELLO of Pennsylvania. Congress has the power to enact this legis- BROOKS of Alabama, Mr. JOHNSON of Ohio, H.R. 1823: Ms. LOFGREN and Ms. JAYAPAL. lation pursuant to the following: and Mr. GRAVES of Georgia. H.R. 1825: Mr. CRAWFORD and Mr. CART- Article I, Section 8, Clause 3: ‘‘The Con- H.R. 525: Mr. FERGUSON, Mr. PAULSEN, and WRIGHT. gress shall have Power [. . .] To regulate Mr. MEADOWS. H.R. 1838: Mrs. MCMORRIS RODGERS. Commerce with foreign Nations, and among H.R. 535: Mr. FARENTHOLD. H.R. 1905: Mr. CONNOLLY. the several ‘‘States . . .’’ H.R. 579: Mr. BUTTERFIELD, Mr. CLAY, Mr. H.R. 1928: Mr. MASSIE. By Mr. MOULTON: RICHMOND, Mr. HASTINGS, and Mrs. DEMINGS. H.R. 1957: Ms. STEFANIK. H.R. 3095. H.R. 631: Mr. COSTELLO of Pennsylvania. H.R. 1970: Mr. DONOVAN and Mr. RASKIN. Congress has the power to enact this legis- H.R. 664: Mr. RODNEY DAVIS of Illinois. H.R. 2029: Mr. WILLIAMS. lation pursuant to the following: H.R. 750: Mr. POSEY. H.R. 2101: Mr. WOMACK and Mr. GROTHMAN. Article I, Section 8 of the United States H.R. 757: Mr. SOTO. H.R. 2123: Mr. BUTTERFIELD. ENT IGGINS Constitution H.R. 807: Mr. D , Mr. H of New H.R. 2149: Mr. RENACCI and Mr. BABIN. York, and Ms. ESTY of Connecticut. By Mrs. NOEM: H.R. 2193: Mr. DENT and Ms. NORTON. H.R. 825: Mr. KIHUEN. H.R. 3096. H.R. 2200: Ms. GABBARD and Mr. HASTINGS. Congress has the power to enact this legis- H.R. 828: Mr. HOLDING and Mrs. NOEM. H.R. 2287: Mr. LAMBORN, Mr. CULBERSON, lation pursuant to the following: H.R. 849: Mr. BARTON and Mr. STIVERS. Mr. SESSIONS, Mr. CRAWFORD, Mr. CRAMER, Article I, section 8 of the Constitution of H.R. 880: Ms. JAYAPAL, Ms. MATSUI, and and Mr. BIGGS. the United States. Mr. BILIRAKIS. H.R. 2315: Mr. KING of New York, Mr. By Mr. RICE of South Carolina: H.R. 931: Mrs. MCMORRIS RODGERS, Mr. EMMER, and Mr. RICE of South Carolina. H.R. 3097. POLIS, Mrs. NAPOLITANO, Ms. MENG, Mr. H.R. 2322: Mr. THOMPSON of Pennsylvania. Congress has the power to enact this legis- SMUCKER, Ms. FRANKEL of Florida, Ms. H.R. 2356: Mr. ELLISON. lation pursuant to the following: CLARKE of New York, Mr. GOSAR, Ms. MOORE, H.R. 2383: Mr. KILMER. Article I, Section 8, Clause 18 of the United Mr. SESSIONS, Ms. HANABUSA, Mr. KHANNA, H.R. 2386: Mr. PETERSON. States Constitution. and Mr. ISSA. H.R. 2401: Mrs. NAPOLITANO, Ms. LOFGREN, By Ms. SA´ NCHEZ: H.R. 947: Ms. ESTY of Connecticut. Mr. COLLINS of New York, Mr. DEUTCH, Mr. H.R. 3098. H.R. 959: Mr. PETERS. CONYERS, Mr. BRADY of Pennsylvania, Mr. Congress has the power to enact this legis- H.R. 986: Mr. PEARCE. TAKANO, Mr. LOEBSACK, Ms. LEE, Mr. SCHNEI- lation pursuant to the following: H.R. 997: Mr. ALLEN and Mr. FERGUSON. DER, Mr. LANGEVIN, Mr. NOLAN, Mr. BRENDAN This bill is enacted pursuant to the power H.R. 1002: Mr. COLLINS of New York. F. BOYLE of Pennsylvania, Mr. BROWN of granted to Congress under Article I, Section H.R. 1017: Mr. FITZPATRICK. Maryland, Mrs. WATSON COLEMAN, Mr. DAVID 8, Clause 3 of the United States Constitution. H.R. 1038: Mr. YOUNG of Iowa. SCOTT of Georgia, Mr. LEWIS of Georgia, Mr. By Mr. SANFORD: H.R. 1057: Mr. PASCRELL, Mr. MOONEY of NADLER, Mr. RYAN of Ohio, and Mr. YAR- H.R. 3099. West Virginia, Mr. THOMAS J. ROONEY of MUTH. Congress has the power to enact this legis- Florida, Mr. MARCHANT, and Mr. HARRIS. H.R. 2404: Ms. BASS. lation pursuant to the following: H.R. 1094: Mr. CUMMINGS, Ms. ADAMS, Mr. H.R. 2422: Mr. KEATING, Mr. RUSSELL, Mr. Article I, Section 8 of the U.S. Constitu- SMITH of Washington, and Mr. PALLONE. NOLAN, Mr. BILIRAKIS, Mr. LOEBSACK, Mr. tion H.R. 1098: Mr. KRISHNAMOORTHI and Mr. CARTER of Georgia, Mr. GOSAR, Mr. PRICE of By Ms. SINEMA: CAPUANO. North Carolina, Mr. VELA, Mr. JOHNSON of H.R. 3100. H.R. 1148: Mr. CUELLAR. Congress has the power to enact this legis- H.R. 1149: Mr. FERGUSON. Georgia, Mr. VEASEY, Mr. QUIGLEY, Mrs. lation pursuant to the following: H.R. 1160: Mr. TIPTON. BUSTOS, Mr. HIGGINS of New York, Mr. Article I. Section 8. H.R. 1164: Mr. MESSER and Mr. BISHOP of DANNY K. DAVIS of Illinois, Ms. STEFANIK, By Mrs. TORRES: Michigan. Ms. ESTY of Connecticut, and Mr. BARTON. H.R. 3101. H.R. 1168: Ms. PINGREE. H.R. 2432: Mr. PETERSON. Congress has the power to enact this legis- H.R. 1200: Mr. RENACCI. H.R. 2480: Mr. DONOVAN. lation pursuant to the following: H.R. 1223: Mr. SIRES and Mr. SWALWELL of H.R. 2499: Mrs. LOWEY. According to Article 1: Section 8: Clause California. H.R. 2535: Ms. MCCOLLUM, Mr. MCGOVERN, 18: of the United States Constitution, seen H.R. 1225: Mr. COHEN, Mr. HILL, and Mr. Ms. SCHAKOWSKY, Mr. GARAMENDI, Mr. DEFA- below, this bill falls within the Constitu- MCGOVERN. ZIO, and Mr. RUPPERSBERGER. tional Authority of the United States Con- H.R. 1227: Mr. HUNTER and Ms. JAYAPAL. H.R. 2544: Mr. RASKIN. gress. H.R. 1261: Mr. FARENTHOLD. H.R. 2550: Ms. LOFGREN. Article 1: Section 8: Clause 18: To make all H.R. 1311: Mr. ROSKAM. H.R. 2587: Mr. WALZ and Mr. LEWIS of Geor- Laws which shall be necessary and proper for H.R. 1326: Mr. CICILLINE. gia. carrying into Execution the foregoing Pow- H.R. 1444: Mr. RODNEY DAVIS of Illinois. H.R. 2589: Mr. AMODEI. ers, and all other Powers vested by this Con- H.R. 1456: Mr. GOSAR, Mr. CARTWRIGHT, H.R. 2640: Mr. SEAN PATRICK MALONEY of stitution in the Government of the United Mrs. TORRES, Ms. JAYAPAL, and Mr. New York, Ms. CASTOR of Florida, Mr. PAS- States, or in any Department or Officer VALADAO. CRELL, Mr. TED LIEU of California, Mr. thereof. H.R. 1478: Mr. RUSH and Mr. SUOZZI. CARBAJAL, Mr. VARGAS, Ms. MCCOLLUM, and By Mr. VEASEY: H.R. 1487: Mr. CARSON of Indiana. Mr. PETERS. H.R. 3102. H.R. 1583: Mr. MCNERNEY. H.R. 2646: Mr. DONOVAN and Ms. GRANGER. Congress has the power to enact this legis- H.R. 1599: Mr. LAMALFA, Mr. COLE, Mr. H.R. 2651: Ms. MCSALLY and Mr. MOONEY of lation pursuant to the following: POSEY, Mr. DESANTIS, Mr. POLIQUIN, Mr. ROE West Virginia. Article I, Section 8, Clause 14 of Tennessee, Mr. DUFFY, Mr. DUNN, Mr. H.R. 2657: Mr. BIGGS. By Mr. VEASEY: GIBBS, Mr. HARRIS, Mr. YOHO, Mr. DUNCAN of H.R. 2695: Mr. NADLER, Mr. HASTINGS, Mr. H.R. 3103. South Carolina, Mr. WEBER of Texas, and Mr. PAYNE, Ms. JACKSON LEE, Mr. EVANS, Ms. Congress has the power to enact this legis- ISSA. NORTON, Mr. JOHNSON of Georgia, and Mr. lation pursuant to the following: H.R. 1606: Mr. TIPTON. KHANNA. Article I, Section 8, Clause 4 H.R. 1626: Mr. POSEY and Mr. DUFFY. H.R. 2696: Mr. NADLER, Mr. HASTINGS, Mr. H.R. 1639: Mr. OLSON. PAYNE, Ms. JACKSON LEE, Mr. EVANS, Ms. f H.R. 1651: Mr. CARTER of Georgia, Ms. ROY- NORTON, Mr. JOHNSON of Georgia, and Mr. ADDITIONAL SPONSORS BAL-ALLARD, Mr. HURD, and Mr. DEFAZIO. KHANNA. H.R. 2723: Mr. CARTER of Georgia. Under clause 7 of rule XII, sponsors H.R. 1661: Mr. KENNEDY. H.R. 1676: Mrs. BEATTY and Mr. H.R. 2735: Ms. BONAMICI. were added to public bills and resolu- FITZPATRICK. H.R. 2738: Mr. COSTELLO of Pennsylvania. tions, as follows: H.R. 1697: Mr. NEWHOUSE, Ms. STEFANIK, H.R. 2740: Mr. MEADOWS. H.R. 19: Mr, KENNEDY, Mr. COOK and Mr. Mr. TROTT, Mr. JEFFRIES, and Mr. RICE of H.R. 2747: Mr. FRANCIS ROONEY of Florida. YOUNG of Alaska. South Carolina. H.R. 2749: Mr. DUNN. H.R. 25: Mr. DUNCAN of South Carolina. H.R. 1698: Mr. MCEACHIN, Mr. NEWHOUSE, H.R. 2777: Mrs. TORRES. H.R. 95: Mr. COHEN. Mr. COLLINS of Georgia, Mr. PANETTA, Mr. H.R. 2781: Mr. BERGMAN. H.R. 112: Ms. WILSON of Florida. AUSTIN SCOTT of Georgia, Mr. LOUDERMILK, H.R. 2801: Mr. WESTERMAN. H.R. 173: Ms. HANABUSA. Mr. TAKANO, Ms. SA´ NCHEZ, and Mr. LARSEN of H.R. 2806: Ms. KAPTUR. H.R. 187: Ms. BASS. Washington. H.R. 2820: Mr. KINZINGER. H.R. 203: Mr. CARTWRIGHT. H.R. 1699: Mr. COLE and Mr. MULLIN. H.R. 2823: Mr. PAULSEN and Mr. MARCHANT. H.R. 291: Mr. ROE of Tennessee and Mr. H.R. 1753: Mr. TED LIEU of California. H.R. 2838: Mr. TED LIEU of California, Ms. FRANCIS ROONEY of Florida. H.R. 1810: Ms. DELBENE. VELA´ ZQUEZ, and Mrs. NAPOLITANO.

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H.R. 2839: Ms. VELA´ ZQUEZ and Mrs. NAPOLI- H.R. 2976: Mr. SWALWELL of California. RUSSELL, Mr. COSTA, Mr. SESSIONS, Mr. TANO. H.R. 2983: Mr. SENSENBRENNER and Mrs. SIRES, Mr. CORREA, Mr. ROYCE of California, H.R. 2851: Mr. SMITH of Texas. BEATTY. Mr. PAULSEN, and Mr. BIGGS. H.R. 2862: Mr. REICHERT and Mr. FORTEN- H.R. 3003: Mr. ARRINGTON. H. Res. 219: Mr. KING of New York. BERRY. H.R. 3004: Mr. GARRETT. H.R. 2901: Mrs. WALORSKI, Mr. SCHWEIKERT, H.R. 3009: Mr. RODNEY DAVIS of Illinois. H. Res. 274: Mr. COOK. and Mr. SOTO. H.R. 3058: Mr. LUETKEMEYER, H.R. 3084: Mr. KIND and Ms. ESHOO. H. Res. 279: Mr. ENGEL. H.R. 2902: Mr. SCOTT of Virginia. H.R. 3087: Ms. SLAUGHTER. H.R. 2907: Mr. GOSAR. H. Res. 317: Mr. SIRES, Mr. COOK, Mr. ELLI- H.R. 3088: Mr. O’HALLERAN. H.R. 2909: Mr. MARCHANT, Mr. MESSER, Mr. SON, Mr. GRIFFITH, and Mr. SUOZZI. H.J. Res. 51: Mr. BARTON and Mr. STIVERS. KING of Iowa, and Mr. DUNCAN of Tennessee. H.J. Res. 106: Mr. KING of Iowa. H. Res. 359: Mr. SUOZZI. H.R. 2918: Mr. BILIRAKIS. H. Con. Res. 27: Mr. LARSEN of Washington. H. Res. 362: Ms. VELA´ ZQUEZ, Mr. BROWN of H.R. 2936: Mr. STEWART. H. Con. Res. 51: Mr. DONOVAN. Maryland, Mr. NADLER, Mr. HASTINGS, Mr. H.R. 2939: Mr. LABRADOR and Mr. PEARCE. H. Con. Res. 57: Mr. SMITH of New Jersey. PAYNE, Ms. MOORE, Ms. JACKSON LEE, and H.R. 2940: Mr. DUNCAN of South Carolina. H. Con. Res. 61: Mr. RODNEY DAVIS of Illi- Mr. EVANS. H.R. 2944: Ms. SLAUGHTER. nois. H.R. 2972: Mr. DOGGETT, Ms. DELAURO, and H. Res. 161: Mr. KHANNA. H. Res. 400: Mr. JOYCE of Ohio, Ms. SINEMA, Mr. SWALWELL of California. H. Res. 185: Mr. KEATING. Mr. DAVID SCOTT of Georgia, Mrs. TORRES, H.R. 2973: Mr. DOGGETT, Ms. DELAURO, Mr. H. Res. 218: Mr. FRANKS of Arizona, Mr. Mr. YOUNG of Iowa, Mr. VARGAS, Mr. HIMES, CONNOLLY, and Mr. SWALWELL of California. COSTELLO of Pennsylvania, Mr. VARGAS, Mr. and Mr. CLAY.

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Vol. 163 WASHINGTON, WEDNESDAY, JUNE 28, 2017 No. 111 Senate The Senate met at 12 noon and was EXECUTIVE SESSION jected to have no choice at all, which called to order by the President pro could leave thousands trapped, forced tempore (Mr. HATCH). by law to purchase ObamaCare insur- EXECUTIVE CALENDAR ance but left without the means to do f The PRESIDING OFFICER. Under so. Seven years after Democrats forced the previous order, the Senate will pro- ObamaCare on our country, these are PRAYER ceed to executive session to resume the painful realities for countless fami- The Chaplain, Dr. Barry C. Black, of- consideration of the Rao nomination, lies across our country. fered the following prayer: which the clerk will report. It is unfortunate that our Demo- Let us pray. The senior assistant legislative clerk cratic colleagues have refused to work Gracious God, Ruler of all nature, read the nomination of Neomi Rao, of with us in a serious way to comprehen- Your strong right hand continues to the District of Columbia, to be Admin- sively address ObamaCare’s failures in sustain us. istrator of the Office of Information the 7 years since they passed it. I re- Lord, remind our lawmakers of their and Regulatory Affairs, Office of Man- gret that they continue to demonstrate accountability to You. Provide them agement and Budget. an unserious attitude about all of this with such a passion to please You that RECOGNITION OF THE MAJORITY LEADER today, but it is increasingly clear that they will maintain a conscience void of The PRESIDING OFFICER. The ma- ObamaCare’s negative trends will only offense toward You and humanity. In jority leader is recognized. get worse, hurting even more Ameri- the flurry of legislative activities, may HEALTHCARE LEGISLATION cans all along the way, unless we act. they not forget those on life’s margins. Mr. MCCONNELL. Mr. President, yes- This should not be acceptable to any- Lord, guide our Senators to perform terday, Senate Republicans gathered one. those actions that bring the greatest down at the White House for another Sitting on the sidelines and accept- glory to Your Name. Remind them of discussion on the way forward on ing the status quo will not bring help that Golden Rule, which states: What healthcare. We had a productive con- to anyone’s constituents. We have the you don’t want done to you don’t do to versation. I appreciate the administra- opportunity to provide relief to those someone else. May integrity and hon- tion’s engagement, and I look forward struggling families, and we should take esty protect them as they put their to more discussions in the days that lie it. Senators will have more opportuni- hope in You. ahead. ties to offer their thoughts as we work We pray in Your great Name. Amen. We will continue working so that we toward an agreement, and every Mem- can bring legislation to the floor for ber will have the ability to engage in a f debate and, ultimately, a vote. We robust debate out here on the Senate PLEDGE OF ALLEGIANCE know that we cannot afford to delay on floor. this issue. We have to get this done for But, if one thing is clear, it is this: The President pro tempore led the the American people. That is a senti- ObamaCare is a direct assault on the Pledge of Allegiance, as follows: ment that is widely shared in our con- middle class. It is getting worse, and I pledge allegiance to the Flag of the ference, and I think I speak for every- we have to act to finally move beyond United States of America, and to the Repub- one in acknowledging, once again, that its failures. lic for which it stands, one nation under God, indivisible, with liberty and justice for all. the ObamaCare status quo is unaccept- I suggest the absence of a quorum. able and that it simply cannot con- The PRESIDING OFFICER. The f tinue. clerk will call the roll. ObamaCare has caused premiums to The senior assistant legislative clerk RESERVATION OF LEADER TIME increase by an average of 105 percent in proceeded to call the roll. The PRESIDING OFFICER (Mr. the vast majority of States on the Fed- Mr. DURBIN. Mr. President, I ask MORAN). Under the previous order, the eral exchange. Next year, premiums unanimous consent that the order for leadership time is reserved. will again increase across the coun- the quorum call be rescinded. try—by as much as 43 percent in Iowa, The PRESIDING OFFICER. Without f 59 percent in Maryland, and 80 percent objection, it is so ordered. in New Mexico. Mr. DURBIN. Mr. President, the Sen- CONCLUSION OF MORNING ObamaCare has led to 70 percent of ate will be going home this week for BUSINESS our counties having little or no choice the Fourth of July recess, and most of The PRESIDING OFFICER. Morning of insurance on the exchange this year. us will be back in our homes with our business is closed. Next year, dozens of counties are pro- families and in our hometowns and

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

S3807

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The reason I For example, there used to be life- Think of this opioid and heroin epi- say that is because about 6 years ago, time limits. People would buy health demic and the people who are dying I voted for the Affordable Care Act, insurance and say: I am going to keep right and left. Think of families who what is known as ObamaCare. For the the premium low. I will sign up for a are absolutely consumed by the addic- longest time, I was sure it was the lifetime limit. How could I ever need tion of a child, of a teenager, won- right vote, and I am still sure today, health insurance for more than $100,000 dering if they can get them into treat- but I wondered why people didn’t ap- a year? ment so they can save their lives. For preciate it because what we tried to Well, it is an eye-opener, but there many of them, that health insurance do—and we achieved some success—was are many diagnoses or accidents that plan is paying for that treatment— to provide health insurance for a lot of could happen to you next week that treatment that otherwise would come people in America who didn’t have it. would cost more than $100,000. So a lot out of their pocket if they could afford In my State of Illinois, we cut the per- of people found themselves facing per- it. centage of uninsured people in half be- sonal bankruptcy because they had a So we put all of these things into the cause of the Affordable Care Act. A limit on their health insurance policy law, and the law took place, and when large number of them are now covered and faced a cancer diagnosis and knew the Republicans said they were going by Medicaid, and a large number are they would have to spend $150,000 or to repeal it, people stood up and said: able to buy health insurance through $200,000 for the most basic care. Wait a minute. I have to face lifetime private insurance exchanges. We also said: When you sell health limits again? I have to face preexisting But for the longest time, when we insurance, you can’t discriminate condition prejudice again? I am not asked people across America ‘‘What against people because of a preexisting going to have mental illness covered about ObamaCare? What about the Af- condition. automatically or maternity care cov- fordable Care Act?’’ we got mixed re- Well, it turned out that insurance ered automatically? views. Less than a majority supported companies defined ‘‘preexisting condi- Well, when people reflected on this, it. tion’’ to include everything, such as they realized their vulnerability. So Then we embarked on this conversa- acne when you were a teenager or asth- simple repeal was not enough; the Re- tion, this debate in Washington in the ma—you name it. In fact, they went so publicans needed to replace. If they Senate over the last 6 months, and an far as to say that being a woman was a were going to eliminate ObamaCare interesting thing happened. When the preexisting condition. Some of those and all the people protected by it, they Republicans, who are in the majority things made no sense, so we said: That needed to replace, and that is when the in the Senate and the House, who were is over. We are not going to let that process fell apart. In the House of Rep- determined to repeal ObamaCare, set happen anymore. resentatives, they went through a proc- out to do it, they found out it was a One out of three Americans has a ess of writing the replacement. When it big, heavy lift. preexisting condition. You can’t dis- was all over, they didn’t wait for the So now, today, we have an inter- criminate against a person because Congressional Budget Office to analyze esting thing that has happened. For they are of a family with a child who it because they knew what was coming. the first time in the last several weeks, has survived diabetes or is living with The Congressional Budget Office an- a majority of the American people sup- diabetes or a spouse who survived can- nounced that some 23 or 24 million port the Affordable Care Act. All of cer surgery. So we said that from now Americans would lose their health in- those years after we passed it, when we on, under the Affordable Care Act, surance because of the plan that passed were talking about the good things it when you buy a health insurance pol- the House of Representatives. They did, people were skeptical, but when icy, it is going to cover the basics. also knew that people could again face the notion of repealing it came up, peo- We did something else that I want to discrimination based on preexisting ple started saying: Well, what would I mention because I don’t want it over- conditions. They knew basic health in- lose if you repealed it? And when they looked. There used to be a Senator who surance didn’t include the protections thought about what they would lose, sat back here in the last row, in the all of us really need to count on. they decided those things were valu- second seat, named Paul Wellstone of Do you remember the provision in able to them personally and to their Minnesota. Paul Wellstone was a great the Affordable Care Act that said your families. And what were those things? guy. You couldn’t help but love him son or daughter could stay on your Some pretty basic things—first, that whatever your politics. Over here was family health insurance plan until you you would have access to health insur- Pete Domenici, and he was a conserv- reached the age of 26? It is pretty valu- ance. ative Republican Senator from New able, isn’t it? That son or daughter, I have repeatedly told the story of Mexico. Wellstone from Minnesota, whom you like a lot and helped get my friend Judy. Judy is in hospitality. Domenici from New Mexico—what through college, doing internships and She works in a motel down in Southern would those two have in common? looking for a job—you wanted to make Illinois that I have stayed in from time What they had in common was that sure they have health insurance, didn’t to time. She is a sweetheart of a lady. each of them had someone in their fam- you? That was part of the Affordable She is 62 years old and has had jobs ily with a mental illness, and they Care Act, and we want to make sure that don’t pay a lot of money, but she watched what happened to their loved the guarantee remains in any future goes to work every day—there is not a one in their family. The two teamed up change of the law too. lazy bone in her body. She is 62 years and said: From this point forward, The House of Representatives passed old, and Judy had never had health in- when you buy health insurance in their measure, and, unfortunately, it surance in her life until we passed the America, it is not going to be just was a partisan roll call; only Repub- Affordable Care Act. Now she qualifies physical health that it is going to licans voted for it. It passed by four for Medicaid, and thank goodness she cover, it is going to cover mental votes. If two Republican Congressmen does because she has been diagnosed health as well. had changed their votes, it would not with diabetes, and she needs a good So many families are touched by have passed. doctor she can count on, and she needs mental illness, some very serious Then the measure came over to the good medical advice. forms, some not so serious but need Senate, as we remember from our So when we said that we were passing medical help, and they all should be civics lessons, and the Senate had its the Affordable Care Act so that more covered. So they put that provision in chance. So what happened? We had a people would have access to health in- the Affordable Care Act so that now, chance to take this question to the surance, it happened. when you buy a health insurance pol- committees of the U.S. Senate—Labor

VerDate Sep 11 2014 00:42 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.002 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 28, 2017 CONGRESSIONAL RECORD — SENATE S3809 and the Health and Education Com- healthcare reform in the House of Rep- that more people have the peace of mittee, which is chaired by Senator resentatives and in the Senate was not mind and security of health insurance LAMAR ALEXANDER, a friend of mine, healthcare reform, but a tax cut. You and so that it is more affordable for Republican of Tennessee, and the rank- see, the Affordable Care Act imposed families all across the board. ing member, Senator PATTY MURRAY of new taxes, particularly on higher in- The biggest, toughest part of Washington. We had a chance to take come individuals, and the money from healthcare today is the so-called indi- the bill to the committee and to debate those taxes went into sponsoring peo- vidual health insurance market; 5 or 6 a better approach in the Senate, to ple into Medicaid and helping people percent of people who need to buy have public hearings and witnesses. pay their health insurance premiums. health insurance plans don’t have it But we didn’t do that. The Republicans in both the House and where they work, and they don’t qual- Instead, the Republican majority the Senate said: The first thing we will ify for Medicaid. Those are the ones said: We are going to do this on our do is cut those taxes—about $700 billion who are seeing their premiums spike. own. We don’t need any Democratic worth of taxes. Ultimately, they took Can’t we take the collective wisdom of input. Thirteen Republican Senators $1.1 trillion out of our healthcare sys- Senators—Democrats and Repub- will meet in a room and write the al- tem with this tax cut and other cuts. licans—and sit down and address that ternative to the House healthcare re- When you pull that kind of money out problem effectively? Of course we can, placement bill, and they did. It went on of healthcare in America, fewer people but we need to have a starting point. for weeks, and no one saw it. There have health insurance, fewer people So my plea to the Republican leader- were no reports of what it included and have a helping hand when it comes to ship is to listen carefully, as our Demo- what was inside of it. Then, 6 days paying their premiums. cratic leader, CHUCK SCHUMER, said ago—6 days ago—it was announced. We The reaction to the Senate Repub- yesterday. Once you take repeal off the took a look at it, and it wasn’t that lican bill over the last 6 days has been table, once you take this massive tax much different from what the House growing opposition—growing opposi- cut for the wealthy off the table, we had done. tion, until yesterday. Senator MCCON- are ready to pull up a chair and sit The Congressional Budget Office re- NELL announced: We are not going to down at the table. leased a report on Monday of this week vote on it this week. We were supposed Wouldn’t it be a breath of fresh air in and said that 22 million Americans to, but we are not going to vote on it America in this day and age, in light of would lose their health insurance this week. He said that he may return all that is going on, if Democrats and under the Republican healthcare plan— to it when we come back from the July Republicans worked constructively to- 22 million. And—this part was really 4th recess. gether to make the healthcare system troubling—there would be a dramatic Here is the point I wanted to make better, more affordable, and stronger increase in premium costs for people on the floor today. I am glad we have for families and businesses across our between the ages of 50 and 64. Some of reached the point that these proposals Nation? I think that is why we were them would see increases of up to $8,400 from the House and the Senate are not sent here. I think that is the reason we a year in premium costs because of the going to move forward quickly to be- are supposed to be here, and I sincerely Senate Republican plan. come the law of the land. Too many hope that happens next. What was the reaction of the medical people would be hurt—too many inno- So we are ending the debate in the professionals across my State to both cent people. Too many families would Senate this week, but we are not end- the House Republican plan and the lose their health insurance. The cost of ing the debate in America. I urge those Senate Republican plan? It was the health insurance would go up dramati- who think this is an important issue, same reaction. They said: Senator, cally. The premiums would go up, par- and I am one of them, to speak up and vote against it. ticularly for people over the age of 50. to go home—I am going home soon— The Illinois Hospital Association said We would see hospitals facing closure and to meet with people and have a that if we cut back on Medicaid, hos- across our States. We would see cut- conversation about where we go next pitals—particularly rural hospitals and backs in treatment for mental illness as a nation. We can solve this problem, downstate hospitals—will have to cut and substance abuse. The list goes on and I know we can do it in a construc- back in services and may face closure. and on. It would have been a terrible tive way. The doctors in my State, the Illinois outcome, and certainly doing this in If we show that kind of bipartisan State Medical Society, came forward order to give a tax cut to the wealthy leadership in the Senate, I think the and said: Vote against the Senate Re- people of this country makes no sense. House will join us. I think they will do publican plan and the House Repub- Incidentally, how much is the tax the same thing. I think they can have lican plan because we know what hap- cut? If your annual income is $1 mil- a bipartisan approach too. What a re- pens when people lose health insur- lion a year, under the Republican plan, lief it would be, with all of the break- ance. They still get sick. They don’t your tax cut is over $50,000 a year. The down in comity, all of the breakdown come to see us early on when we can people who are wealthy aren’t asking in communications politically, the prevent things from getting worse; me for that tax cut, and the people who warring camps that have become the they come to see us when things are will suffer because of it are folks who American political scene. If we can pretty bad and pretty expensive and aren’t making anywhere near $1 mil- show why there is a Senate and why pretty dangerous. lion a year. there is a House and why people run for So the doctors opposed it, the nurses Here is what we need to acknowledge: these offices—it is to solve problems, opposed it, the pediatricians opposed The current healthcare system in not to put out a press release, not to it. Not one single medical advocacy America needs to be improved. There stake out a political position, but to group in Illinois supported the Repub- are things in the Affordable Care Act solve a problem. This is a problem that lican bill, which was unveiled 6 days that need to be addressed, and we need needs solving. ago. to do it in an honest fashion, and we I hope that over the next week, both When it came to preexisting condi- need to do it on a bipartisan basis. parties will reflect on it, and when we tions, it wasn’t just the medical groups I have talked to some Republican return after the Fourth of July recess, that opposed the Senate bill. The can- Senators. Senator MCCONNELL has we can roll up our sleeves and go to cer society, the heart association, the pulled this bill back, and they want to work. lung association—most of the major sit down and talk. I yield the floor. disease groups stepped up and said: The Senator MCCONNELL said that there I suggest the absence of a quorum. preexisting condition provisions in this will be no conversations with Demo- The PRESIDING OFFICER. The bill are unacceptable, and, sadly, the crats; Republicans will do it by them- clerk will call the roll. policies that are going to be sold may selves. I hope over the Fourth of July The senior assistant legislative clerk not cover the basics that people abso- he reflects on that because there are proceeded to call the roll. lutely need. Democratic Senators who, in good Mr. SCHUMER. Mr. President, I ask Then the other thing came out. What faith, want to sit down and make a bet- unanimous consent that the order for drove this whole debate, what started ter healthcare system for America so the quorum call be rescinded.

VerDate Sep 11 2014 00:42 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.003 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3810 CONGRESSIONAL RECORD — SENATE June 28, 2017 The PRESIDING OFFICER. Without form in front of the American people We can do it but only if we do it to- objection, it is so ordered. early in his first term as President. gether and put the partisan ideology RECOGNITION OF THE MINORITY LEADER President Trump, I challenge you to in- aside. The Democratic leader is recognized. vite us—all 100 of us, Republicans and So I challenge the President, invite HEALTHCARE LEGISLATION Democrats—to Blair House to discuss a us all to Blair House. Let’s see what we Mr. SCHUMER. Mr. President, yes- new bipartisan way forward on can come up with. Let’s try. We Demo- terday afternoon, my friend the Repub- healthcare in front of all the American crats have, on several occasions, sent lican leader announced that the major- people. It would focus on what you, Mr. letters to our Republican colleagues ity would delay the vote on the motion President, have talked about in your asking for bipartisan talks on to proceed to this particular Senate campaign: lower costs, better healthcare. So far we have been Republican healthcare bill. We Demo- healthcare, covering everybody—not on rebuffed. Now, with the demise of this crats take no solace in that fact. Un- tax cuts for the rich, not on slashing bill yesterday—its inability to get fortunately, the majority seems intent Medicaid. President Trump, you said enough votes to proceed—we have an on continuing their efforts to pass this you wouldn’t cut Medicaid. We don’t opportunity to go back to the drawing healthcare bill. want to either. board. Over the next few days and weeks, I We Democrats are genuinely inter- We are willing to debate and com- expect to see buyouts and bailouts, ested in finding a place where our two promise on healthcare, but we have to backroom deals and kickbacks to indi- parties can come together on be included, and it has to be a discus- vidual Senators to try and buy their healthcare. We want to bring down pre- sion on how to actually improve our vote. What I don’t expect to see yet is miums. We want to bring down healthcare system for the American a dramatic rethink of the core of the deductibles too. We want to stabilize people, not slash Medicaid to pay for Republican healthcare bill, but I am the marketplace. We want to control tax cuts for the wealthy. We can meet, hopeful we can get to that point. the outrageous costs of prescription and we can try or the Republicans can So far, every single version of the Re- drugs—another thing the President stick to the same partisan approach on publican TrumpCare bill in the House talked about in his campaign. healthcare, which so hurts working and the Senate has the same basic core There is plenty of common ground families and so benefits millionaires. to it. The details have changed a bit for us to come together around. We be- President Trump, my Republican around the edges, but the core remains lieve our healthcare system has made friends, the choice is yours. the same in each and every version: important progress over the past 8 Thank you. slash Medicaid to the bone in order to years, but it still needs to be improved I yield the floor. give a massive tax break to a very in many ways. We admit the Affordable The PRESIDING OFFICER (Mr. small number of wealthy Americans, Care Act isn’t perfect. There are ways TILLIS). The Senator from Indiana. cut support for Americans in nursing we can improve on that law and on our Mr. DONNELLY. Mr. President, for homes, those suffering from opioid ad- entire healthcare system. So let’s talk all of the discussion about delays, poli- diction, and those with a preexisting together about how we can achieve tics, the process, vote counts, budget condition to pay for a tax break for the that in a bipartisan way. scores and analysis, it is critical we re- wealthiest few. If my Republican friends abandon member that this healthcare debate is The basic premise of every Repub- cuts to Medicaid, highly unpopular first and foremost about people, our lican healthcare bill so far is to cut with the American people; abandon tax friends and neighbors, and their fami- back on healthcare for Americans who breaks for the wealthiest few, highly lies. It is about moms and dads, sons need it most in order to give a tax unpopular with the American people, and daughters, sisters and brothers, break to the people who need it the we Democrats are more than willing to grandmas and grandpas. least. There is just no moral calculus meet with them and the White House We all agree everyone needs access to to justify it. It doesn’t fix any of the to talk about how to improve quality, affordable healthcare. Regard- problems in our current healthcare sys- healthcare for the American people, less of how healthy you are today, ev- tem like high premiums, high how to lower deductibles, how to pro- eryone needs the peace of mind that if deductibles, counties where there are vide better healthcare for more people they get sick, they will be able to get not enough insurance options, and it is at a lower cost because that is what we the care they need. We all know some- not what the American people are for. Democrats are fighting for: the average one who has fought cancer, diabetes, The American people are not for tax American family, not the wealthy few. multiple sclerosis, or has a child bat- breaks to the wealthiest of Americans, Today, we can turn over a new leaf tling a chronic condition or disease. nor are they for cutting Medicaid. and discuss healthcare legislation the In our shared experiences and rela- A USA TODAY poll this morning way our Founders intended our govern- tionships are shared values. Each of us showed only 12 percent of Americans ment to discuss legislation: as a true wants our loved ones to be healthy and support this bill. At a level of 12 per- debate between all of our country’s to live long, full, happy lives. We want cent, even huge numbers of Trump sup- representatives. what is in the best interests of our porters are opposed to this bill. The Yesterday, the majority leader re- families, our friends, and our neigh- level of popular support is not going to minded Republican Senators that if bors. change one bit with a tweak that wins they failed on their partisan healthcare I have seen these values firsthand over this Senator or that. A bill with bill, they would have to negotiate with through the stories of Hoosiers who re- this twisted idea at its core will fail me, the minority leader, and by impli- cently wrote to me out of desperate time and time again. That is why the cation, our Democratic colleagues. concern about the Senate healthcare vote had to be pulled yesterday. You When did the prospect of bipartisanship bill. I have heard from everyone—from can be sure, if it were popular with the become a cudgel instead of an oppor- working parents to students, to sen- American people, it wouldn’t have had tunity? When did bipartisanship be- iors—that access to quality and afford- to be pulled. come a threat? That is not how Con- able healthcare is critical to their abil- I make my friends on the Republican gress is supposed to work. Negotiations ity to raise a healthy family, to con- side and President Trump an offer. with the minority to seek a com- tribute to our communities, and to live Let’s turn over a new leaf. Let’s start promise should be the first option, not our final years in dignity. over. Let’s abandon more tax breaks the last resort. Take Conor, who is a lawyer, and for the rich. Let’s abandon cuts to Let’s start over and get back to legis- Sarah, a nurse practitioner, and their Medicaid, and discuss what the Amer- lating in a way deserving of the grand family in Fort Wayne, as an example. ican people are really concerned about: tradition of the Senate as the world’s In 2015, Sarah was diagnosed with mul- premiums, deductibles, the cost and greatest deliberative body. Providing tiple sclerosis, an autoimmune disease quality of healthcare. affordable and quality healthcare is an that attacks the nerves in her brain President Obama invited both par- issue we should grapple with, all of us and spinal cord. As Conor wrote me, ties, Democrats and Republicans, to together. It is one of the most impor- ‘‘Like everyone else who suffers from Blair House to discuss healthcare re- tant things we can do for our country. MS, my wife didn’t make this choice.

VerDate Sep 11 2014 00:42 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.005 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 28, 2017 CONGRESSIONAL RECORD — SENATE S3811 She did not choose this disease . . . vate insurance. Allowing alteration or waiv- The PRESIDING OFFICER. The Sen- sometimes people get sick or are diag- er of Essential Health Benefits will be cata- ator from Michigan. nosed with chronic conditions through strophic for Savannah and others with pre- Mr. PETERS. Mr. President, I have no fault of their own.’’ existing or chronic conditions. I will be always believed that elected officials If untreated, she would become se- forced to look at my child and say, ‘‘I’m sorry honey, Mommy and Daddy don’t have should do more listening than talking. verely disabled, and her condition enough money for your surgery.’’ The breadth of issues that we address would get progressively worse. The here in the Senate is as vast and di- As a dad, the health and well-being of best possible outcome for Sarah is con- verse as our Nation. We rely on input my family is on my mind every day, trolling the disease and limiting the from experts, from stakeholders, and and I know that every mom and dad spread of the symptoms because there from constituents to craft responsible, across our country feels the same way. currently is not any cure. meaningful policy. In the past month My faith teaches me that we are all Conor and Sarah worry that under alone, I have had the opportunity to God’s children, and every man, woman, the Senate healthcare proposal, they attend bipartisan hearings on cyber se- and child should have a shot at being would be subject to annual and lifetime curity, countering violent extremism, able to live up to their God-given po- caps, making Sarah’s treatment self-driving cars, rural broadband, nu- tential. We will move Heaven and unaffordable. Through the Senate clear defense policy, and the posture of Earth to take care of our kids. These healthcare bill, States could seek waiv- our Armed Forces, just to name a few. values are shared across Indiana and ers that would allow them to get rid of These issues are vital to our economy across our entire beloved country. essential health benefits and imple- and our national security, and they are My faith also teaches me that we all ment annual and lifetime caps, even worthy of the time and effort that deserve to live with dignity. for health insurance plans that people went into convening these very impor- Claudia from Muncie wrote to me: receive through their work, just like tant hearings. Sarah does. For Conor and Sarah and I am a 55-year-old, medically-retired flight But over the same timespan, the Sen- others who suffer from conditions like paramedic and RN. My career was cut short ate did not hold a single hearing on MS, the reforms that prohibit limits on when I was diagnosed with ALS—Lou Gehrig’s Disease—in 2005. Without Medicaid healthcare, while a handful of Repub- coverage allow them to have the peace lican Members drafted a flawed of mind that they can live full lives, and the waiver I would be institutionalized. Because of the things Medicaid covers, I am healthcare bill behind closed doors. despite their disease and their diag- still able to be a mother. Healthcare policy is unique. It is nosis. For two decades, I was the person who very complex, while also being deeply It is stories like Sarah’s and Conor’s came to the aid of others. Please, don’t fail personal. Throughout our lives, doctors that remind us why this is such an im- me or my family now. and nurses are with us for some of our portant debate. It is inherently per- This bill would fail Claudia and mil- most significant moments. Whether it sonal. It is about the health, the well- lions of others. It would force Claudia’s is responding to trauma in an emer- being, and it is even about the life and family and families across the country gency, helping us live with chronic death of our loved ones. It is about not to pay more, not less, or to even put conditions, devising treatment plans going to the ER just to visit a doctor. critical healthcare out of reach. You for an ailing parent, or delivering a It is about financial security. It is don’t have to take my word for it, newborn child, our medical profes- about financial security so our families though. sionals are there for us when we are at aren’t one illness or one sickness away The American Heart Association our most vulnerable. from bankruptcy. calls this bill ‘‘heartless.’’ The Catholic We are all vulnerable. Life does not Take, for example, Beth and Brad Health Association says the bill is discriminate. Anyone can get in a car from Plainfield, IN. They are the proud ‘‘devastating.’’ The American Academy accident and need months of physical parents of Kyle. Kyle has special needs, of Pediatrics says it ‘‘fails children.’’ and he relies on Medicaid, not only for therapy. Anyone can be diagnosed with The American Cancer Society says the his healthcare but literally to help cancer and require surgery, radiation, bill could ‘‘greatly harm millions of keep the family together. Beth re- or chemotherapy. Anyone can have a cancer patients, survivors, and those at cently wrote me: son or daughter born with cystic fibro- risk for the disease.’’ AARP, the Amer- sis. But in this great country, I believe Kyle is on a home and community-based Medicaid waiver, which is not mandated. If ican Medical Association, the Amer- no one should ever go bankrupt be- Medicaid is cut, Kyle and others like him are ican Hospital Association, and Catholic cause they get sick, and no one should in real danger of losing coverage for home Charities oppose this bill. ever die because they cannot afford nursing and nutrition among many other Here in the Senate, we have been quality health insurance. things. Without home nursing, Brad or I will hired by the people we represent to I believe healthcare policy is very also have to quit working. And without continue the proud American tradition complex, and we have to work very enough income to pay for it ourselves, we’ll of leaving our children a country that hard at it, but I am also guided by a be placed in the horrific situation of either is even better than when it was given not being able to give our child what he very simple moral concept: No matter needs at home, or institutionalizing our pre- to us. We owe it to the people we serve who you are and no matter where you cious boy. We want to care for our son at to ensure they have healthcare that is live in this country, no citizen should home. We want to work and pay for his pri- affordable and accessible. ever be forced into bankruptcy because mary insurance that reduces the amount of Ohio’s Governor, John Kasich, re- they are sick and no one should ever Medicaid money needed. We want the inde- cently said, when he talked about the die because they can’t afford quality pendence, freedom and responsibility that challenges with our healthcare system, insurance. the minimal supports through Medicaid al- that this will never, ever be solved I urge my colleagues to use the com- lows. with a one-party approach. He is right. ing days to think about their goals for And Lori from Kokomo, IN, wrote to In order to strengthen our healthcare healthcare in our Nation and be guided me about her 3-year-old daughter Sa- system, we would be a lot better served by their own moral conscience. Passing vannah: by working together with a bipartisan a politically expedient proposal that She has a long list of medical issues. She effort and with input from those who can get 51 Republican votes after sig- has had 2 open-heart surgeries, 8 heart cath- eterizations, 1 pacemaker placement, and provide healthcare every single day— nificant arm-twisting so that the Sen- countless other procedures. Her medical the doctors, the nurses, the hospitals ate can move on to tax reform is not in bills, at 3 years old, are in the millions, and in urban communities and in rural the best interest of the American peo- she still will need more cardiac surgery in communities all across our country. ple, and I believe it is simply irrespon- the future. Her annual care—just her medi- Most importantly, we need to remem- sible. cations, appointments with specialists, ber the patients and the caregivers who I believe that we should provide the therapies, etc—are more than our annual in- rely on our healthcare system. We can best care possible to as many Ameri- come, despite my husband working 3 jobs. do this together, and a big dose of Hoo- cans as possible while making sure The Senate GOP bill puts her life in grave danger. sier common sense would be a huge that it is affordable. Now, I honestly Lifetime limits and waiving of Essential part of it. can’t say whether my Republican col- Health Benefits means she will lose her pri- I yield the floor. leagues share these goals, but I can say

VerDate Sep 11 2014 00:42 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.006 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3812 CONGRESSIONAL RECORD — SENATE June 28, 2017 that the Senate healthcare bill that we These stories and many more are The senior assistant legislative clerk saw this week does not hit the mark. I what health insurance is truly about. proceeded to call the roll. urge my colleagues to use the coming For people like Stefanie, Amy, and Mr. BARRASSO. Mr. President, I ask days to really think about what this Erin, we should do more listening than unanimous consent that the order for bill will mean for the families in their talking. We should listen to Stefanie, the quorum call be rescinded State. Amy, and Erin, and we should listen to The PRESIDING OFFICER (Mr. COT- I feel fortunate that Michiganders the hundreds of healthcare experts who TON). Without objection, it is so or- have been willing to share their heart- have expressed their strong opposition dered. felt stories with me in recent years. to this bill and the impact that it will Mr. BARRASSO. Mr. President, I They are fearful that repealing the Af- have on the healthcare system in this come to the floor today as the pain of fordable Care Act will not only put country. ObamaCare around the country con- them in jeopardy but also their friends, I would urge my colleagues to listen tinues to worsen. Healthcare prices family, and neighbors. to the AARP, the American Academy continue to rise. ObamaCare is col- I have heard from Amy from Metro of Pediatrics, the American Diabetes lapsing, basically, more and more Detroit. She is 53 years old and has Association, the American Hospital As- every day. People in every State of this type 1 diabetes, also known as juvenile sociation, the American Heart Associa- Union have seen their healthcare costs diabetes. Amy is a self-employed small tion, the American Medical Associa- skyrocket. It has happened everywhere business owner. Before the Affordable tion, the Children’s Hospital Associa- around the country. Care Act, insurance companies viewed tion, the National Alliance on Mental We must do something to help the her diabetes diagnosis as a preexisting Illness, the National Breast Cancer Co- American people who are suffering condition and were able to charge her alition, and the National Council on under the heavy weight that more because of it. After the Afford- Aging, just to name a few. ObamaCare has placed on their lives. able Care Act was implemented, Amy I am not just hearing from these na- I was at a hospital this past weekend was able to shop around and find a tional groups. I am also hearing from in Casper, WY, my hometown, and I much more affordable plan with the local healthcare professionals all talked to doctors, nurses, and patients. same level of benefits that she had be- across my State. Hospitals and commu- What I hear at home in Wyoming is fore. While Amy does not qualify for nity clinics in Michigan—particularly, that there is an urgent need to do subsidies to help purchase insurance, the ones in the rural areas—are telling something about the high costs and the she was still able to cut her healthcare me this bill could cause them to close limited choices under the Obama costs in half because of the Affordable their doors. This will jeopardize access healthcare law. We are having discus- Care Act. Amy fears—and rightfully to care in communities that are al- sions right now about the very best so—that if the Republican healthcare ready medically underserved. Costs way to do that. Whatever we come up bill passes, her costs may skyrocket, will go up for seniors and individuals with, it is going to be a fundamental jeopardizing her business and every- with preexisting conditions, like Amy. change in a direction away from thing she has worked her entire life No one chooses to get sick. But when ObamaCare. That is what America for. we are confronting a disease or injury, wants. That is what America needs. It I have heard from Tammy, who lives health insurance is a lifeline. It allows is what the American people are asking in Marne, MI. Tammy’s daughter Erin us to get better, to get back on our us to do. is 10 years old. Erin was diagnosed with feet, and it simply allows us to keep One of the biggest steps we need to cystic fibrosis at 18 months. She takes living. take is to get rid of the ObamaCare 23 pills and does 2 hours of breathing In American society, healthcare cov- mandates and penalties. I hear about it treatments each and every day. She is erage is our promise that if you work day in and day out. I heard about it in a fighter, and her whole family has hard and you play by the rules, you my office yesterday from a woman who pulled together to support her, but will have the healthcare you need when was in town visiting on another mat- they are also very worried about her you need it the most. As I have already ter, but she talked about her experi- future. Erin’s family has private insur- said, no one in this great country ence with the ObamaCare situation ance, but they supplement the high should be forced into bankruptcy be- where her premiums have gone way up, cost of her care through Medicaid. cause they are sick, and no one—no and the deductibles are up so high that Tammy is afraid that the $800 billion one—should ever die because they can’t even though they are counted under cut to Medicaid will jeopardize their afford quality insurance. ObamaCare as having insurance, her ability to afford Erin’s care and would The Republican healthcare bill is ir- husband would tell you that he will not cast an absolutely devastating blow to responsible. This bill will strip away go to a doctor because, with a $6,500 de- their family. health insurance from 22 million Amer- ductible, he feels he cannot afford to. Finally, take Stefanie from Livonia, icans. This bill would put more and But he is counted under ObamaCare. MI. Stefanie worked her entire life in more Americans at risk of financial He wants more choices. He wants more the customer service industry, pri- ruin from unpaid medical bills, and it control of his own life. And he wants to marily in retail and in restaurants. She would put more Americans at risk of eliminate the taxes and the mandates. was never offered health insurance by dying because they can’t afford the I am sure the Presiding Officer hears her previous employers, and, until the care they so desperately need. this at home: People hate the fact that Affordable Care Act, she never had This bill cannot and should not be there is a mandate that says they have health insurance as an adult. Then, in salvaged with minor tweaks and arm- to buy insurance that Washington says December 2015, Stephanie’s third floor twisting to win a few votes. they have to buy—that the Democrats apartment caught fire, and she was left I urge my colleagues to go back to have said they have to buy—rather to make a horrific decision about the drawing board and begin an open, than what might work for them and whether to jump from her third floor bipartisan process where we all listen their family and be cheaper and work apartment or die inside the burning to our constituents, hold hearings with better for them and be more tailored to building. Well, Stefanie jumped from experts, and work together to keep their family’s needs. the window to save her life, and she what works and to fix what doesn’t. There are more than 19 million peo- sustained serious injuries, including a Let’s let common sense rule the day ple across the country who have de- broken back and a shattered foot. Be- and not partisan ideology. We should cided that they are going to pay a pen- cause of the Affordable Care Act, she do what is best for our folks back home alty to the IRS or they received a was able to receive treatment for her and ensure that everyone has access to waiver so they didn’t have to get injuries, which included a month’s stay quality, affordable healthcare. ObamaCare insurance—either pay the in the hospital, multiple surgeries, and Michiganders and all Americans de- penalty or get a waiver. These are peo- absolutely excruciating physical ther- serve nothing less. ple who made the fundamental decision apy to finally heal in the end. Steph- I yield the floor. that ObamaCare insurance was not a anie’s treatment came in close to I suggest the absence of a quorum. good deal for them. $700,000, an amount that would surely The PRESIDING OFFICER. The The second thing we need to do, I be- bankrupt nearly any American. clerk will call the roll. lieve, is to repeal the burdensome and

VerDate Sep 11 2014 00:42 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.008 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 28, 2017 CONGRESSIONAL RECORD — SENATE S3813 expensive ObamaCare taxes. any bureaucrat in Washington, DC. putting together a plan that will help Healthcare costs have been soaring When it comes to developing good ideas give people the care they need, from a under ObamaCare. One of the reasons is about improving America’s healthcare, doctor they choose, at lower costs. because the healthcare law added al- I always believe in more flexibility and That is what the American people want most $1 trillion of additional taxes on local control and patient control. The us to do. That is what we are working to the backs of hard-working Ameri- more we are working with doctors and on. cans. These are the taxes that specifi- communities, working with State leg- There are limits under the Senate cally raised the cost for people needing islators, the better. We need more rules that keep us from doing some health insurance and healthcare. They flexibility in every State; we don’t things we would all like to do. If Demo- put taxes on things needed by people need Washington telling all of us what crats are ready to work with us and to who are in need of medical care. Some- to do. If we give people and States be part of the conversation, I think we body who needs a pacemaker, someone more options, there will be more af- can do some things to make this bill who needs a walker, a wheelchair, an fordable options for insurance as well even better. But the situation we have artificial joint—additional taxes on all as for care. today in this country for healthcare is of these users of medical devices, med- Democrats tried their goal of a one- not working. ObamaCare has collapsed. ical supplies, of over-the-counter pain size-fits-all, Washington-mandated ap- Healthcare is in a state of crisis. Those medicines, over-the-counter medicine proach. That is what ObamaCare was who supported ObamaCare and voted for fever, sore throat, as well as pre- all about, and it did not work. for it have caused it. We are just trying scription medications. The taxes are on I want to talk about one other thing to clean up the mess. just about everything, and then, of Republicans are committed to doing I yield the floor. The PRESIDING OFFICER. The Sen- course, the tax on health insurance with our healthcare reform plan, and that is stabilizing insurance markets ator from New Hampshire. itself. So if you buy health insurance, Mrs. SHAHEEN. Mr. President, after you have to pay a tax on that. What is while other reforms can take effect. The ObamaCare exchanges are com- weeks of secrecy, after not engaging that going to do to the cost of health with the public, after an effort to pre- insurance? It is going to raise the cost pletely falling apart. Week after week, there is another story, another head- vent not only Democrats in this body for people who have health insurance. but women in this body from partici- When the Democrats were debating line about the disaster that is pating in putting together a new and voting in support of the ObamaCare. We look at a headline in a healthcare bill, last week we saw Sen- ObamaCare law on this floor of the Chicago paper: ‘‘Another Obamacare ate Republican leaders put forward rate shock.’’ ‘‘Another’’ and ‘‘shock’’ Senate, they conveniently failed to their bill to repeal the Affordable Care with rates—that is what people are see- mention all of these new taxes to the Act. American people. ing around the country. Like its companion bill in the House, Last week, we learned that another The third important thing that Re- this legislation imposes draconian cuts 77,000 people in Indiana will lose their publicans are committed to doing is to to Medicaid, our Nation’s principal pro- give much more flexibility to the ObamaCare plans. Two more insurance gram for insuring children, people with States when it comes to making and companies are leaving the market disabilities, and seniors in nursing developing healthcare solutions for the there. Across the country, there are homes. It drives up costs for middle- future. more than 40 counties where no one and low-income Americans while deliv- I served 5 years in the Wyoming will be selling ObamaCare insurance ering huge new tax cuts to the wealthi- State Senate. We always felt that we next year—no one. est in this country. could do a lot better job if we just had Premiums have already doubled be- I start with the premise that you a little more local control, a little less cause of ObamaCare in the last 4 years. can’t take health insurance away from in terms of government mandates, and Next year, people’s rates may go up an- 22 million Americans and call it reform make that same amount of money other 40 percent, 50 percent—well above or better care. I think President Trump work that much better and go that that in other places. We cannot allow was accurate when he described this much further and take care of that this to continue. The American people approach simply as mean. The fact is, many more people. cannot afford it, it is not good for our this legislation is a direct threat to the Medicaid is the prime example. I had country, and it is not good for the peo- health and well-being of millions of a State legislator in from Wyoming ple living in this country. Americans, including tens of thousands today, and in the office we were talk- We need to make sure we help sup- in New Hampshire. ing about Medicaid and what role the port people who do need help paying The opioid epidemic in the country States play and what role the Federal their premiums. We need to give insur- and in New Hampshire is the worst Government plays, how to make dol- ance companies more flexibility to public health crisis in modern history. lars go further at home. ObamaCare in- offer the kinds of plans that people ac- In New Hampshire, thanks to the ex- creased the amount of money that tually want to buy. We need to give pansion of Medicaid, done by a Repub- Washington sends to States that chose States the ability to support their mar- lican legislature and a Democratic to expand their Medicaid Programs. Of kets in ways that make sense for peo- Governor, my colleague from New course, that is taxpayer money. Then ple in that State. Hampshire who is now in the Senate, ObamaCare paid a bonus—a bonus—to The discussion draft of our plan in- who is here with me today—thanks to States that decided to not focus on the cludes ideas to help keep the individual their bipartisan work, nearly 11,000 area where Medicaid was intended market going in a much stronger way Granite Staters have been able to ac- originally to be focused, which was on than it is under ObamaCare today. It cess lifesaving treatment under the poor women, children, and the disabled. stabilizes the markets. Medicaid Program for substance use They didn’t get a bonus—not at all. No The insurance company Anthem put disorders. By completely reversing the bonus money to help those people. The out a statement on Monday. The com- Medicaid expansion, the Senate bill re- bonus money went to help able-bodied, pany said that these kinds of ideas leased last week would cost who knows working-age adults. That is not whom ‘‘will markedly improve the stability how many lives and would be a crip- Medicaid was set up to help in the first of the individual market and moderate pling setback in our fight against the place. premium increases.’’ opioid crisis. Why should Washington collect Anthem has been dropping out of ex- Medicaid covers one out of three chil- money from people at home and then changes across the country because the dren in New Hampshire, as well as peo- send it back out to the States with all markets are unsustainable under ple with disabilities and seniors in of these new Washington mandates and ObamaCare. That has to be one of our nursing homes. restrictions on how the money is goals as we continue to discuss legisla- In concert with the President’s budg- spent? I have much more confidence in tion—stabilizing the markets and re- et, this bill being proposed by the Sen- the people of my home State of Wyo- ducing premiums. There are a lot of ate would cut Medicaid funding in half ming and in the people of the Presiding good ideas on ways to do it. We are by the year 2027. Cuts of that mag- Officer’s State of Arkansas than I do in committed to exploring those ideas and nitude simply cannot be done without

VerDate Sep 11 2014 00:42 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.009 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3814 CONGRESSIONAL RECORD — SENATE June 28, 2017 having devastating effects on children look like with pre-existing conditions, life- pealing the Affordable Care Act and and other vulnerable people across New time limits, and countless hours on the gutting the Medicaid Program isn’t Hampshire. phone with insurance companies. about politics. It is a matter of life and Then, of course, this legislation At the field hearing, we also heard death. We need to listen to the voices blocks all Federal funding for Planned important testimony about others who of ordinary people whose lives and fi- Parenthood. We have more than 12,000 rely on Medicaid. For example, Med- nances would be turned upside down by Granite State women and men who de- icaid provides coverage for more than this bill. pend on Planned Parenthood for essen- 10 million Americans with disabilities There is a better way forward for tial health services, including cancer and nearly 6 million seniors in nursing both the Senate and our country. It is screenings. homes. In fact, these two groups alone time for Republicans and Democrats to According to the nonpartisan Con- account for nearly two-thirds of all put ideology and partisanship aside and gressional Budget Office, nearly 45,500 Medicaid expenditures. Yet the Repub- come together to do what is right for Granite Staters would lose coverage lican leader’s plan to cut Medicaid ordinary working people in this coun- under the Republican leader’s bill. funding in half over the next decade try. These are people who rely on that cov- would have dire consequences for these The majority leader’s decision to erage for basic care, as well as for Americans. delay a vote on the bill is an oppor- treatment of cancer, heart disease, dia- Brendan Williams, CEO of the New tunity for all of us in the Senate. When betes, and other chronic illnesses, and Hampshire Health Care Association, we come back after next week’s July they are deeply afraid that they will be told our hearing that 63 percent of 4th recess, let’s come together in an among the 22 million Americans who nursing home residents in New Hamp- open and inclusive process. The right will lose their health coverage if the shire rely on Medicaid. As was reported way forward is for Republicans and Senate bill becomes law. on Sunday in the New York Times, the Democrats to work together to Last Friday, Senator HASSAN and I deep cuts to Medicaid included in the strengthen the parts of the Affordable convened an emergency public field Senate bill would force many retirees Care Act that are working, including hearing in Concord. We wanted to hear out of nursing homes or lead States to Medicaid expansion, and to fix what is directly from Granite Staters who require residents’ families to help pay not working. would be affected by the Senate bill. I for care. For many families, this is just According to poll after poll, this is have to say—and I am sure my col- not an option. They don’t have the fi- what the majority of the American league agrees with me—it was an ex- nances to be able to do that. So what people want us to do. It is time now to traordinary event, with over 200 happens? Their loved ones get kicked respect their wishes and to strengthen attendees. They overflowed the over- out of their residential care. the Affordable Care Act so it works for flow room. This is a picture of the We also heard compelling testimony all Americans. room where we held the hearing, and from healthcare providers who treat I yield the floor. we can see people lined up on either people with substance use disorders. The PRESIDING OFFICER. The Sen- side of the room, waiting to take their Melissa Fernald is a private clinician ator from New Hampshire. turn to testify. in Wolfeboro, NH. She told us: Ms. HASSAN. Mr. President, I rise Senator HASSAN and I heard firsthand For the majority of [Medicaid expansion] today to join my friend and colleague, from healthcare providers, from people patients, it is the first time they have had Senator SHAHEEN, to discuss the stories in recovery from substance use dis- health insurance. It allowed me to assist and concerns we heard from our con- orders, from parents of children with them in properly diagnosing their mental stituents in New Hampshire about how chronic diseases and disabilities, and so health conditions . . . and securing primary they would be hurt if TrumpCare be- many others who are concerned about care providers to treat their medical needs. comes law. this legislation. We listened to emo- It has been a powerful experience to watch Even though Republican leadership tional, heartfelt statements about the them heal and grow as a result of receiving has delayed a vote on TrumpCare this uncertainty, anxiety, and anger this proper care. . . . My clients are more moti- vated and capable of getting a job and gain- week, we know that the fundamentals Senate bill has caused. I was especially ing financial independence. of what is wrong with TrumpCare will moved by testimony from parents who Again, if your heart is not moved by not change. are worried their children will lose ac- TrumpCare would force Granite cess to the lifesaving treatment they the morality of these kinds of stories Staters to pay more for worse insur- need that for so many of these kids is and by the values I think we should ance, all to give billions of dollars in the difference between life and death. have in this country to help people who People like Paula Garvey, of Am- need help, we should be moved by the tax breaks to corporate special inter- herst, NH, who talked about her 19- economics of this. It is going to cost a ests—including Big Pharma—at the ex- year-old daughter Rosie, who was diag- whole lot more when we kick people pense of hard-working Americans and nosed with cystic fibrosis just 2 weeks with substance use disorders off of the programs they rely on. This is the after birth. Rosie also suffers from ju- their insurance, when they go to emer- basic principle of TrumpCare, and it is venile rheumatoid arthritis. Rosie gency rooms to get their care, or when unacceptable. must follow a strict regimen of medica- they die than to make sure they get TrumpCare would be a disaster for tions to keep the cystic fibrosis under the help they need. people in New Hampshire. Granite control. Paula fears that the repeal of The Senate bill to repeal the Afford- Staters know this, and they have been the Affordable Care Act and cuts to able Care Act and radically cut Med- standing up and speaking out against Medicaid will leave her daughter with- icaid is a threat to healthcare coverage this dangerous bill. out coverage for her preexisting condi- for people in New Hampshire and in As Senator SHAHEEN discussed, we tion and that insurance companies will every other State in this country. I am held an emergency hearing last week in once again impose a lifetime dollar so grateful to all of those Granite Concord to hear from our constituents limit on benefits. Staters who attended our field hearing about how TrumpCare would impact For Paula, and for any parent, the on Friday. I know that in other States them. We held this emergency hearing prospect of not being able to access across this country, large numbers of at 2 p.m., on a Friday afternoon, in the lifesaving care for a child is profoundly people are turning out to express over- summer, and with just a day’s notice. upsetting. Paula said: I don’t know whelming opposition to the Republican Yet hundreds of people showed up. what I am going to do if the Affordable leader’s bill. I heard this morning that Over 50 people shared their personal Care Act goes away. What will Rosie do polling shows that just 17 percent of stories about the importance of when she is off of our insurance and she Americans support this legislation. We healthcare, of how they have benefited is not able to find insurance again? need to listen. We need to stop this from the important protections that Sarah Sadowski of Concord, NH, tes- headlong rush to pass a cruel and are provided under current law—in- tified about her 9-year-old daughter heartless bill. cluding maternity care, prescription who has cerebral palsy. She said: For ordinary people in New Hamp- drug coverage, and coverage for sub- The Affordable Care Act was a huge mo- shire—the people whom Senator HAS- stance use disorder services—of the ment of hope. I cannot face what life would SAN and I heard from on Friday—re- protections against insurance company

VerDate Sep 11 2014 00:42 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.011 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 28, 2017 CONGRESSIONAL RECORD — SENATE S3815 abuses, of Medicaid expansion, and of Jeff also said that he was concerned The assistant bill clerk proceeded to traditional Medicaid. They told us about the fact that TrumpCare cuts call the roll. what their lives were like and why and caps Medicaid, which we know is Mr. KING. Mr. President, I ask unan- TrumpCare would be devastating to really just code for massive cuts that imous consent that the order for the them and their families. I wish to share would force States to choose between quorum call be rescinded. some of those stories today. slashing benefits, reducing the number The PRESIDING OFFICER. Without We heard from Ariel, from Rochester, of people who can get care, or both. objection, it is so ordered. NH, a mother who is benefitting from Senator SHAHEEN and I also heard Mr. KING. Mr. President, I want to substance use disorder services that from several Granite Staters who have talk about the healthcare bill, the are included in Medicaid expansion and benefited from the Affordable Care Act healthcare issue, and talk a bit about would be taken away under and who are concerned that TrumpCare how we can find a solution and then TrumpCare. Ariel said: would reduce the care they receive what the solution should look like. while raising their costs. One of these For the last 2 days, as a member of I am a mother of 3 children and I have a the Armed Services Committee, I have substance abuse disorder. I come from a long people was Enna, from Exeter, NH. been in our markup. In that markup, line of women who never had much oppor- Enna said: we considered somewhere in the neigh- tunity. With the opportunity to have Med- I am self-employed and purchase health in- icaid I have been given the chance of treat- surance through the Marketplace here in borhood of 250 to 300 amendments. Of ment. New Hampshire. The ACA had given me the those 250 amendments, approximately Without the chance of treatment I opportunity to purchase affordable health in- 210 of them were either compromised— wouldn’t have been taught that there is a so- surance for myself and my family of four. an agreement was worked out between lution and a way to live a full, beautiful life She explained: the proponents of the amendment and as a woman in recovery . . . as a mother of We were unable to maintain insurance con- those who had reservations—and they 3 beautiful children. . . . As a woman of dig- were either withdrawn or became part nity and grace. . . . sistently prior to the ACA, and even when we If the opportunity of Medicaid is taken did have it, critical preventative care—for of the bill by unanimous consent. Of away, the chance of positive change in this myself, as a woman—was not covered by our the 25 or 30 that were left for votes, world is going to drastically drop. . . . previous policy. however, we had good debate. The Women like me may never know a world out- She said this about TrumpCare: members talked about their point of side of drug use and hopelessness. [It] would make our health coverage less view. The people who opposed them She goes on to say: comprehensive and less affordable. I am cer- gave their points of view. We had a vig- tain that our risk of financial and/or health Today because of the opportunity of orous discussion and debate and then catastrophe would be significantly greater change, I am able to be a positive role model we voted. The important thing to me— [under TrumpCare]. to my children and most importantly our fu- and I am pretty sure I am right about ture. There is no doubt that we should all this, I kept a mental note as we went When we met Ariel, she was pregnant be working together in order to im- through the votes—I don’t believe with that third child, and she went into prove the Affordable Care Act, build on there was a single party-line vote in labor immediately following our field the progress we have made, and lower the Armed Services Committee on any hearing. She told us over the weekend healthcare costs for all of our citizens. amendment. The votes were sometimes that she had a healthy baby boy. Be- I am willing to work with any of my more Republicans, more Democrats, cause of the treatment Ariel received colleagues on bipartisan solutions in but there wasn’t a single party-line through Medicaid, she is in a better po- order to make that happen, but we vote. In other words, the process sition to take care of that new baby know that TrumpCare is not the an- worked as it was intended to work, as boy. swer. While my Republican colleagues it should work, and as it can work. Our Medicaid Program is not only have delayed a vote on this bill, no one So I have a radical suggestion for critical to providing key support to believes that TrumpCare is dead yet. those who are seeking a solution to combat the substance misuse crisis, I am going to continue to share the this healthcare issue; that is, submit a stories of Granite Staters who would but, as Senator SHAHEEN mentioned, it bill and put it before the requisite com- also helps seniors and those who expe- have to pay more money for less care mittees, have hearings, have debates, rience disabilities get the care they under TrumpCare. I will keep working have information, get information need—services that would be taken to ensure that TrumpCare never be- from around the country, from experts, away under TrumpCare. comes law. I urge my colleagues to from people who know about the topic, This is something we heard from a take the time to listen to their con- and that is how we make good laws. A Granite Stater named Jeff, who has a stituents who would be hurt under bill that doesn’t go through any of that form of muscular dystrophy. Jeff said: TrumpCare. process, that is concocted in secret and The people of New Hampshire have sprung on the Congress at the last I am able to live a life that’s independent been so brave. They have come for- in my own home, pursuing my own career, minute, almost by definition will not only by virtue of the fact that I am able to ward, and they have talked about their be a good bill. Bad process—bad bill, receive Medicaid services. Specifically, all most personal, difficult, and chal- and that is what we had happen in this this discussion about private insurance is lenging experiences. They have laid case. well and good, but I think what some Sen- themselves bare before the rest of us so I think this is a time—we are going ators aren’t remembering or don’t know is we could understand what they have into a recess at the end of this week. that private insurance doesn’t cover many of gone through and so we could under- Let’s take a deep breath, and instead of the types of services that Medicaid does. . . . stand that if we are not committed to trying to tinker around and attract a Especially personal care services that allow a healthcare system in which every few extra votes and find something us to live independently in our homes and that will barely pass by the skin of its communities, which is where all of us would American—citizens in a democracy— like to be, if we’re able to. So, I’m concerned have meaningful, truly affordable ac- teeth, let’s step back and submit this about that. cess to the type of care that each of us issue to the Finance Committee and the HELP Committee. Let’s try to He continued: would want for our own family, then we are not doing our job as a democ- work through to find a real solution in- I’m concerned about the fact that my un- volving both parties, involving all of derstanding is that this bill would allow racy at all. states to opt out of providing optional Med- We need to protect and defend what the wisdom that has been accumulated icaid services, many of which are the waiver we have, and, then, we need to improve in this country on this incredibly com- programs here in the state that frankly are what we have. We need to come to- plex and difficult and incredibly impor- so vital to folks with physical disabilities, gether and make sure that healthcare tant issue. We don’t have to try to do developmental disabilities, acquired brain is truly available to every one of us, so it in the dark. Let’s do it in the light injuries, and all sorts of other conditions. So that we can be healthy and productive of day. Let’s have open hearings and that part concerns me. and so that we can lead together. considerations, votes and amendments, Medicaid coverage makes it possible I suggest the absence of a quorum. discussion and debate, and then as our for Jeff and so many others to work The PRESIDING OFFICER. The system is designed, we can come to a and participate in their communities. clerk will call the roll. good result.

VerDate Sep 11 2014 00:42 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.012 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3816 CONGRESSIONAL RECORD — SENATE June 28, 2017 Let’s talk about the bill that is cur- Federal budget look better, why don’t things, we are really talking about who rently before us. I guess it is before us. we just let the States pay for the Air pays. The deeper issue is how much we It hasn’t really been submitted to any Force? That is a Federal expenditure. are paying. The problem is—and the of the committees, but I am told it is Shift that to the States. That will help reason we need Medicaid and the rea- coming to the floor. It was going to be us with our budget deficit, but it is a son we need Medicare and the reason this week. Now it is going to be the fake balancing of the budget because we need the Affordable Care Act— week, I guess, after the recess—at least you are simply shifting the cost over to American people can’t afford it with- that is what we were told yesterday. somebody else—another level of gov- out help. It is as simple as that. They Why is this a bad bill? I have been ernment. can’t afford it. The government has to watching some of the commentary on The shorthand for that is shift and provide some support. If it doesn’t, it this bill, and there is a lot of discussion shaft. That is what we are talking would break every family in America. about the Congressional Budget Office about, either the State government is We have to have the support. Right analysis: Is it correct, did they use the going to be shafted because they are now, in the private sector, it is break- right baseline, are they good at pro- going to have to raise taxes or the peo- ing our companies that are trying duti- jecting how many people are going to ple who are going to lose the support fully to keep up with the increase in sign up for healthcare, and all of those are going to be shafted. We are talking costs of healthcare. kinds of questions. People are ques- about real people. Don’t fall for this idea that somehow tioning the Congressional Budget Of- Let me talk about Medicaid for a the Affordable Care Act caused all the fice. I happen to think they tend to be minute. Medicaid is sometimes charac- increases. I remember—again, harking pretty nonpartisan, straightforward, terized—and I have even heard some of back to when I was the Governor of good, scientific, and quantitative ana- my colleagues use Medicaid and wel- Maine in the late 1990s, early 2000s— lysts of these kinds of issues. They fare in the same breath, as if Medicaid healthcare costs were going up 6 per- issued their report saying 22 million is a welfare program. It is not. It is a cent, 8 percent a year—10 years before people lose their healthcare. This is critically necessary support for the Affordable Care Act went into about people. It is not about ideology. healthcare for people who need it, place. The private—the individual mar- It is about real people. many of whom are not welfare people— ket for health insurance was already on a drastic upward climb. So to blame There is a really easy way to cut as we would denote them—not welfare it somehow on the Affordable Care Act through all of the questions about recipients. They are getting a lifeline, just doesn’t wash in terms of the his- whether they analyzed it properly and a true lifeline that is actually keeping who is going to lose and who is going tory. them alive. The deep problem, as I say, is the to win; that is, to look at a simple In Maine, 70 percent of the people in overall cost of healthcare. We have to chart that is on, I think, the third page nursing homes are on Medicaid. Na- start talking about that issue. That is of the Congressional Budget Office tionwide, the number is 62 percent. So a separate issue from what we are talk- analysis. This is really all you need to when you talk about Medicaid and cut- ing about here as to who pays. We have know about this bill: Medicaid loses ting Medicaid, you are talking about to talk about different kinds of deliv- $772 billion over the next 10 years, and Aunt Minnie in the nursing home. You ery systems. We have to talk about a the tax credit and selective coverage are not talking about some welfare re- huge increase in preventive care. We provisions—that is the ACA—loses $400 cipient who is ripping off the system. have to talk about helping people stay billion. It is $1.1 trillion out of the You are talking about your relatives out of the hospital, stay out of the healthcare system. You cannot take who are in nursing homes, and 70 per- medical system. The cheapest medical $1.1 trillion out of the healthcare sys- cent of the people in nursing homes are procedure of all is the one you don’t tem and not hurt people. You can’t do being supported by Medicaid. In Maine, have to perform. So many of our dis- it. We don’t have to argue about how we call it MaineCare. eases—our chronic diseases like diabe- many here, what age, and all of that So you can’t shrink this amount of tes—are based upon the choices people kind of thing. We are talking about a money and think it is not going to are making and their lack of adequate massive cut to the support that is ena- have impacts on people, and that is care early in the disease. That is a sep- bling American people to get why this bill is so pernicious. Here is arate discussion. I think that is one we healthcare. what the bill is all about: a one-half really have to look at. However this de- In Maine, if you cut all these num- trillion-dollar tax cut to the top 2 per- bate is resolved in the next few weeks bers back, as near as I can tell, it is cent of wage earners in America. Let’s or few days, we have to talk about the about $400 to $500 million a year. I was be clear what is going on here. There is deeper issue of the overall cost. If we the Governor of Maine. I know that an equation of one-half trillion dollars don’t get a handle on that, then all of $400 and $500 million a year is huge. of tax cuts and more than one-half tril- this other stuff is going to be—it is not People talk about: Well, we are going lion dollars of cuts to benefits—money going to solve the problem because the to cut Medicaid back. We are going to to the wealthy; healthcare away from deeper issue is the enormous cost we trim the growth rate. We are going to those who need it. That is the equa- pay in this country, which is almost lower the way it is calculated and tion. That is what this bill is all about. twice as much as anybody in the world make it a per capita cap, all of these This isn’t a healthcare bill. This is a per capita. things, and we are going to give the tax cut bill dressed up like a You could say: But we have the best States flexibility. The magic word healthcare bill, and it is also an ideo- healthcare in the world. Yes, we do, for ‘‘flexibility’’—as if the flexibility en- logical bill because people don’t like the people who can afford it. But for ables you to somehow conjure up $1 Medicaid. millions of people who can’t afford it, trillion. What you are really giving the Here is the problem: Our healthcare who have either no or skimpy care, it States is the flexibility to decide be- system is the most expensive in the is not the best healthcare system in tween the elderly and the disabled or world. We pay the most per capita for the world. children. That is what this is all about. healthcare as anyone on the planet, by There are no statistical indicators There is another option, by the way. far—just about twice as much as most that tell us we are doing very well. On The States can always raise taxes to other countries. If you do the math and things like longevity, prenatal care, in- make up for this difference, and that is you take the annual healthcare bill fant mortality, we are way down. We one of the most frustrating things to and divide it by the number of people are like 17th, 20th. You would think me, again, as a former Governor. We in America, you get about $8,700 a year that if we are spending the most money are talking about this reduces the Fed- per person. That is what we spend on in the world, we ought to have great eral deficit by $330 billion over 10 healthcare. So for a family of four, results. We don’t. So that is something years. Yes, because you shifted almost that is $35,000 a year. That is what we have to talk about. a trillion dollars to the States. That is healthcare costs us. By the way, that is The cost of pharmaceuticals, the cost nice work if you can get it. That is bal- the real problem. When we are talking of drugs is higher here than anywhere ancing the Federal books on the backs about Medicaid and Medicare, Anthem else in the world. Why is that? That is of the States. If we want to make the and private insurance, and all of those a problem we have to discuss.

VerDate Sep 11 2014 01:34 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.013 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 28, 2017 CONGRESSIONAL RECORD — SENATE S3817 I had a tele-townhall Monday night. not part of a big corporation, and he work because he would need care 24 It was sponsored by the AARP of doesn’t have somebody to pay part of hours a day. He does need care and sup- Maine. At the peak, they tell me there his healthcare. He has to make it work, port 24 hours a day. Under Medicaid, he were 10,000 people on that call. I took and the ACA gave him an opportunity is able to lead a real life and feel good questions, and the questions from sen- that he didn’t have before to give some about it. You can tell he is a great guy; iors in Maine were full of concern— confidence to his family and to his life. look at his smile. Medicaid is a lifeline. ‘‘fear’’ may be too strong a word, al- By the way, there are about 75,000 I talked about Dan 2 or 3 weeks ago, though in several cases it wasn’t, but people in Maine just like him who got and since then, I have had an out- very deep concern about what the ef- coverage under the ACA, many of them pouring from people across the country fect of this will be on them, on their for the first time, and those are the and especially in Maine, people who mothers, on people who are depending calls we are getting in my office. have children or relatives or friends on Medicaid for their care. This is Jonathan Edwards and Jen with disabilities, on what this has One lady who called pays $8,000 a Schroth. This is sort of a funny story; meant for them and how terrifying it is month for her chemotherapy drugs. If it tells you what Maine is like. I know that anybody wants to take three- it weren’t for her support under the Af- Jen’s mother. I worked with Jen’s quarters of a trillion dollars out of fordable Care Act and Medicaid, she mother in the early eighties. Maine is Medicaid, which is providing an oppor- said on the phone, ‘‘I’d be dead.’’ That a big small town with very long roads. tunity for Daniel to lead a decent life. is what we are talking about here. We We all know each other. And it just Why would anybody want to do that? I are talking about real people. happens that here we are, 25 years don’t get it. I don’t get it. The final sort of general point I want later, and I have become acquainted Of course it can be made more effi- to make before I talk about some of with Jen. cient. Of course the ACA can be made the people who are going to be affected She and her husband are farmers. more efficient but not three-quarters of by this is that I hear sometimes the They are small farmers in coastal a trillion dollars more efficient. That proponents saying: The free market is Maine. She thinks it is irresponsible to is a huge amount—$450 million a year going to solve this problem. The free go without health insurance, especially in Maine. market is miraculous; it can solve all when you have a family, but it was so Daniel waited 8 years, under the cur- problems. expensive, they couldn’t get it. They rent program, for the services he gets I am a huge believer in the free mar- couldn’t acquire health insurance in now. And if we put in caps and block ket. I am a thoroughgoing capitalist. I the individual market because they are grants—that sounds good in Wash- started a business. I ran a business. I not a member of a big corporation. The ington: We are going to put in caps. understand the free market. The prob- ACA gave them access to insurance for Caps mean Daniel may not get his serv- lem is that healthcare is not a free the first time—real insurance that cov- ices next year or the year after or an- market. If you go to buy a car, that is ers what they need, not skinny insur- other guy like Daniel in Peoria or a free market. You can go online and ance that only covers certain things Philadelphia or San Francisco. That is a tragedy. These are real people. We compare. You can test drive. You can and doesn’t cover other things and just are not talking ideology; we are talk- find the prices at the four dealers that gives you the illusion of coverage until you go to make a claim. ing real people. are in your neighborhood. You can do Here is Lydia Woofenden. She lives Jonathan Edwards and Jen Schroth all of those things. That is a free mar- near where I live. She just graduated are farmers in Brooklin, ME—that is ket. You don’t have that in healthcare. from Mount Ararat High School in No. 1, you don’t know the price. You the real Brooklin, by the way, Topsham. Two of my boys graduated call your local hospital and say: What Brooklin, ME. Forget about that place from Mount Ararat. She even has a job in New York; this is Brooklin with an will it cost me to get my knee re- she was offered after years of volun- l-i-n. They are farmers in Maine to placed? Nobody can tell you. You don’t teering. Everything she has achieved whom the ACA gave an opportunity to know the price. has been accomplished with help from No. 2, it is very hard to compare get insurance for the first time for her family and dedicated teachers and products. You can do it if you can real- their family. therapists almost exclusively funded Cora and Jim Banks from Portland ly dig and get word of mouth on who is through special education in the public raised four boys. This is amazing. They a good doctor and who isn’t. schools and Medicaid. No. 3, you don’t say what you want; raised four boys, and every single one By the way, having a child with dis- the provider tells you what you need. was an Eagle Scout. That is amazing. I abilities has nothing to do with your Imagine going into a car dealership and mean, to be an Eagle Scout is a real income. You could be high income, low the car dealer saying: I am going to achievement in this day and age. Cora income, middle income. It has to do tell you I think you need this Mercedes worked at her home. She developed with the luck of the draw. It has to do over here. I think that is what you Alzheimer’s in her late fifties. That is with bad fortune, and it could hit any- need, and by the way, you pay for it. a tragic disease. When Jim could no body. So, again, this idea that Med- Our system is set up such that pro- longer care for her safely at home, she icaid is some kind of welfare program viders are paid for delivering a service, went to a nursing home, and Medicaid is just not true. It is not true. not keeping you well. They get paid by helped her be there. Medicaid helped So, Mr. President, the reason I am procedures, fee-for-service, not for her be there. If you start taking away here is because of these people. The keeping you well. There is no money in Medicaid, what will become of Cora? reason I am here is to stand up for prevention. We have to change that. What will become of Jim? He took care these people because they can’t be here We have to change that. of her as long as he could. If she has to to do it themselves. Now let me talk about people. These go home, if she has to leave that home, We can do better. The failure to get are some people I have talked about be- that will be a tragedy for her and for the votes to vote on this bill this week fore, and I just want to sort of go her family. gives us all a chance to take a deep through them. Again, as I mentioned before, 70 per- breath, to step back and say: Sure, You know who this is. This is a cent of the residents in nursing homes there are things wrong with the Afford- Maine lobsterman. This is a guy; his in Maine are on Medicaid. That is the able Care Act. There are things we can name is David Osgood. The ACA gave kind of difference it makes in real life. debate. There are things we can argue them a chance to get insurance. It gave Here is Dan Humphrey. Dan Hum- about. We can have amendments. We them an opportunity to get insurance phrey is a young man with autism who can do what we did in the Armed Serv- where before it was practically impos- volunteers at local soup kitchens and ices Committee over the last 2 days sible. He said it has given them some delivers Meals on Wheels in Lewiston, and have a real discussion and debate. comfort, some reassurance. He said: ME. He depends on a Medicaid waiver I know it is possible because I sat there ‘‘We’ll be okay.’’ That is the Maine to support his independent living. If it and saw it happen. It can be done, and way. ‘‘We’ll be okay.’’ This is one of weren’t for Medicaid, Daniel would be we can do it here. the most independent, toughest profes- in an institution, or he would be with Let’s take a week not to try to brow- sions there is in this country, but he is his parents. They wouldn’t be able to beat and push and make special deals

VerDate Sep 11 2014 01:34 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.015 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3818 CONGRESSIONAL RECORD — SENATE June 28, 2017 to try to get 51 votes or 50 votes and them. It is going to cause them to at This win is the women’s softball then the Vice President breaks the tie. least shrink their services or close. In team’s second consecutive national It goes to the House, and they don’t Maine, because we are a rural State championship and the third in the last even look at it—they will pass it. And with far-flung communities, that 5 years. This is a big deal. These girls then we will be embarked on a path means people are going to be a long come from all over the country and end that is really going to hurt the Amer- way from available care—1 hour, 2 up playing softball there. It is some- ican people. hours—and that is a tragedy for our thing where they are clearly national We have to have help. Healthcare is communities in terms of economic de- champions. It makes me very proud to too expensive, and regular people in velopment, in terms of jobs, but most- see that they are doing so well. this country can’t afford it. We have to ly, as I keep saying, because of people. I would like to take a moment to have help, and this is the place where People say: Why are you so impas- congratulate all of the players. Their people are looking to find that help. sioned about this, ANGUS? hard work clearly paid off. It is impor- Let’s try to work together. I am cer- It is because this is what the people tant to thank the coaches as well. tainly willing to work with anybody of Maine sent me to do. They sent me Thank you for your skills, your tenac- who will listen. But if they are starting down here to help them, not hurt them. ity, and your dedication, which helped from a premise of gutting Medicaid and They sent me down here to speak for lead these ladies to victory. giving somebody else a huge tax cut, them, not stifle their voices. They sent Their remarkable head coach, Patty that doesn’t work. Let’s talk about the me down here to do the right thing, to Gasso, has been with OU since 1995, and real problem. You want to talk about do the ethical thing, to protect them was inducted into the National Fast healthcare, let’s talk about it. Let’s when nobody else will. That is why I Pitch Coaches Association Hall of talk about how we can lower the cost am here, and I believe that this Senate, Fame in 2012. I bet you didn’t even of healthcare, how we can lower the this Congress, this government, can do know there was such a thing, but there cost of deductibles, how we can lower better, and I hope we will. is. She and her staff have worked to- premiums, and how we can provide new Thank you, Mr. President. gether over the last few decades to options to people in the health insur- I yield the floor. build a legacy that has a strong com- ance system. But let’s not talk about I suggest the absence of a quorum. munity following. These women will The PRESIDING OFFICER (Mr. what we are going to do that is going continue to make Oklahoma proud TOOMEY to have such tragic results on individ- ). The clerk will call the roll. through their various roles as students, The senior assistant legislative clerk uals and families and on the fabric of athletes, and leaders. proceeded to call the roll. Just last week, junior pitcher Paige our society. Mr. INHOFE. Mr. President, I ask Mr. President, I believe we can do Parker was warming up before she unanimous consent that the order for better. I believe we can do better, and threw the ceremonial first pitch of the the quorum call be rescinded we have an opportunity to do so. It sort The PRESIDING OFFICER. Without game between the Kansas City Royals of dropped into our laps this week. We objection, it is so ordered. and the Boston Red Sox. It was during have 10 days to work on this, to think this warmup that the Royals players CONGRATULATING THE UNIVERSITY OF OKLA- about it, to try to come up with a solu- HOMA WOMEN’S SOFTBALL TEAM ON WINNING were able to see firsthand how impres- tion or at least begin the process of a THE 2017 WOMEN’S COLLEGE WORLD SERIES NA- sive girls’ softball pitchers are. The solution. There is no deadline here next TIONAL CHAMPIONSHIP catcher even missed some of them and week, but let’s begin the process. Mr. INHOFE. Mr. President, this is a almost fell over. As we begin, I have this radical idea little out of character. Confession is I wish the best of luck to these play- of referring these bills to committees good for the soul. One of my very fa- ers and the coaches for next year’s here in the Senate, having hearings, vorite—maybe my most favorite—of softball season. Enjoy your success, getting expert opinions, listening to spectator sports is, of all things, girls’ and bring home another national the country, listening to the hospital softball. championship next year. association that says this is a terrible Now, a lot of people don’t even know Mr. President, I ask unanimous con- bill. The American Medical Association anything about the sport. It is pretty sent that the team roster of all the says this bill violates the basic prin- incredible. I am pleased to tell you players and coaches, who made this a ciple of the medical profession: First, that Oklahoma City is the home of a great championship victory, be printed do no harm. This bill will do harm. very famous ASA Hall of Fame sta- in the RECORD. There is no group whom I have heard dium, which is the world’s No. 1 soft- There being no objection, the mate- of who is for it—only people who have ball field. This is where the Big 12 Soft- rial was ordered to be printed in the an agenda to cut Medicaid because ball Championship and the Women’s RECORD, as follows: they don’t like Federal support or peo- College World Series are held. The players: Kelsey Arnold, Falepolima ple who have an agenda to change the This past May, the Sooners won the Aviu, Caleigh Clifton, Alissa Dalton, Macey Affordable Care Act because it has championship game at the Big 12 soft- Hatfield, Shay Knighten, Mariah Lopez, Obama’s name on it. That is not a good ball tournament between Oklahoma Paige Lowary, Kylie Lundberg, Nicole Mendes, Melanie Olmos, Paige Parker, Ni- enough reason to strike at the heart of and Oklahoma State, which also has a our people, our communities, and our cole Pendley, Raegan Rogers, Sydney Ro- great team, at this impressive stadium. mero, Hannah Sparks, Vanessa Taukeiaho, society. The Sooners won. and Lea Wodach. One final point. I have been talking Then, on June 6, they became the The coaches: Patty Gasso, Melyssa about people; let me talk about jobs. In 2017 Women’s College World Series na- Lombardi, JT Gasso, Jackie Bishop, Lacey Maine, in 8 of our 16 counties, the hos- tional champions in Oklahoma City. Waldrop, Brittany Williams, and Andrea pital is the largest employer. I talked After facing diversity in the earlier Gasso. to a hospital director an hour ago. game against North Dakota State in Mr. INHOFE. Mr. President, I yield They are desperate about what is going the NCAA regionals, the Sooners pro- the floor. on down here because it is going to ceeded to win 11 consecutive games— I suggest the absence of a quorum. make it difficult for them to survive think about that, 11 consecutive The PRESIDING OFFICER (Mr. and serve their communities—the rural games—ultimately achieving a 5-to-4 GARDNER). The clerk will call the roll. hospitals especially. I have met with victory over the University of Florida The bill clerk proceeded to call the them across Maine—in Farmington, Gators. roll. Bridgton, Skowhegan, Lincoln. Maybe In the first game of the championship Mr. BLUMENTHAL. Mr. President, I you haven’t heard of those towns be- series, Oklahoma outlasted Florida in a ask unanimous consent that the order cause they are small towns in Maine, recordbreaking—I was here; we were for the quorum call be rescinded. but they have a hospital that is the actually in session at that time—17 in- The PRESIDING OFFICER. Without heart of the community and the big- nings. It went until 3 o’clock in the objection, it is so ordered. gest employer in the community. They morning. Of course, we won. It was the HEALTHCARE LEGISLATION all told me the same thing. This idea of longest game in the history of women’s Mr. BLUMENTHAL. Mr. President, this bill, this approach, is going to kill college series of all time. over the last 10 days, I have conducted

VerDate Sep 11 2014 03:52 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.016 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 28, 2017 CONGRESSIONAL RECORD — SENATE S3819 emergency field hearings, giving my miums by 20 percent and would cut en- There is a path forward, and it re- constituents in Connecticut an oppor- rollment impact on the individual mar- quires our Republican colleagues very tunity to be heard, a chance for their ket—premiums and enrollment, apart simply to start over, to work with voices and faces to be part of consid- from Medicaid, on the individual mar- Democrats, to abandon this misguided, ering the Republican healthcare or ket. These numbers are from the Cen- myopic effort to repeal, repeal, repeal. really, more accurately, wealth care ter on Budget and Policy Priorities. That mantra simply is not a policy for bill. Indeed, that label or characteriza- They are fact. Facts are stubborn American healthcare. tion of the bill came from one my con- things. What is needed is to build on the Af- stituents who said: This plan is not We know also what the effects would fordable Care Act, to improve it, to healthcare, it is wealth care because it be—what the numbers are for people correct its defects. We can do it if we produces a massive transfer of wealth who are middle income. The elimi- work together and if we focus on the from the poor and middle-class Ameri- nation of the tax credits for middle-in- rising costs of medical care and try to cans, whose healthcare would be deeply come people paying their premiums bring them down, if we focus on the harmed, to the richest Americans, who would be nothing short of disastrous. regulatory barriers to entering insur- would enjoy the benefits of hundreds of We focused on Medicaid. I talked to ance markets and seek to eliminate billions of dollars in tax cuts. you about Amy and the love of her life them, if we focus on the FDA drug ap- That kind of voice and criticism de- and what the effects would be of the proval process and seek to responsibly serves to be heard here. Yet my Repub- decimation of Medicaid, but here we and safely expedite new drugs coming are talking about the elimination of lican colleagues and their leadership to market, if we enable Medicare to ne- tax breaks that help middle-income have gone from total secrecy to total gotiate drug prices as the VA does. people. I don’t need to explain this chaos. They are in chaos because they Those examples of improving the graph. For someone with $26,500 in in- have refused to heed the voices and present system are doable. They re- faces of ordinary, average working peo- come, their premiums under the Senate plan would jump to $6,500 from the quire leadership, which has been lack- ple—middle-class people, the most vul- ing and most particularly lacking at nerable people—who would be deeply present $1,700. For somebody earning in the midfifties, the jump is even great- the White House. harmed by this proposal. Yesterday, we saw a picture that is er, and it is true even for people who One woman at one of my hearings in worth a thousand words: the President Connecticut, knowing what would hap- are earning $68,200. They will have to pay more, a larger share of their in- of the United States sitting with Mem- pen under this bill, said to me: bers of this body, but only Members of Do the right thing. Save the Affordable come, and receive less. It is not only that the Senate plan is disastrous be- this body from the other side of the Care Act and save our lives. aisle—only Republican Senators. It was She was not exaggerating when she cause it is more costly, it is also going to impact the quality of care by reduc- almost the entire membership on the said lives are at stake. She is right. Republican side. Not a single Democrat This very eloquent woman, Amy ing the standards; eliminating the strict requirements on preexisting con- was invited, not a single Democrat con- Etkind, knows all too well what this ditions, the protections on annual and sulted, not a single Democrat involved bill means for Americans like her, and lifetime caps for coverage, defunding in the continuing process now of pro- the man she described, literally, as the Planned Parenthood, continuing the ducing yet another plan behind closed ‘‘love of her life.’’ She told me about war on women’s healthcare. The long doors in secrecy. him during a hearing in New Haven and short of it is that this measure is The majority leader announced it Friday afternoon—about how he has bad for America. just today. The effort is to have an- struggled with addiction, mental Tia spoke to me at these hearings other version to be submitted to the health issues, and now diabetes. He is about the opioid epidemic. If there is CBO by Friday, but that process simply alive today because of Medicaid, and he one example that breaks our hearts continues the present fatal flaw in my has access to the services he needs. As and wrenches our guts, it is the effect Republican colleagues’ thinking, which she said, ‘‘If Medicaid were to go away, on people who are trying to recover is that they can do it with only one he would be literally dead in a very from opioid addiction and abuse. Their party. I want to give credit to our Re- short period of time.’’ recovery would be shredded—maybe publican colleagues who had the cour- When we say the Republican plan stopped—by gutting Medicaid cov- age and strength to say no because would cost lives—it would kill people— erage. they saw it was bad for America. it is no hyperbole, no exaggeration. It Another woman who spoke at my In closing, I want to say that my Re- is plain, simple fact. As Ronald Reagan hearing, Donna Sager, called herself publican colleagues will be going home said, ‘‘Facts are stubborn things.’’ The ‘‘the perfect example as to why our this weekend. They have been looking fact is, this bill would cost the State of healthcare plans must include pre- at themselves in the mirror, at their Connecticut nearly $3 billion in Fed- existing conditions and not punish peo- consciences, and they have been seeing eral funding over the next 10 years. ple like me with high premiums.’’ something they don’t like—a moral These cuts, mainly to Medicaid, cannot Donna, as she told me, is 63 years old failing in this bill, not just a political and will not be replaced, as the CBO and not yet eligible for Medicare. When failing or a policy defect but a real has predicted. It would leave States she was 36, she was diagnosed with a moral failing. like Connecticut in an impossible posi- rare form of hereditary colon cancer. Healthcare is a right, and even if my tion: either raise taxes to pay the dif- For 27 years she has been undergoing Republican colleagues disagree on that ference or cut Medicaid enrollment to major surgeries, constant screening, point, they have to recognize that tak- insurers, putting people like Amy’s doctor visits to make sure she can re- ing away healthcare, decimating Med- husband at risk, literally, of death; main as healthy as possible. Then she icaid, waging war on women’s health, putting out on the streets the senior told me about her husband, a man in depriving children of the preventive citizens living in the Monsignor his seventies, and she said this: care they need so they can go to school Bojnowski Manor in New Britain, He would like to retire, but how can he and learn properly, evicting seniors where they are enjoying great care—a with all my medical expenses? I am fright- from nursing homes, putting the bur- high-quality environment because of ened what I will do if the Republican den of billions of dollars on my State of Medicaid. Many of them are middle- healthcare bill gets passed. Changes to pre- Connecticut and every State rep- class folks who worked hard, played by existing coverage will be extremely dam- resented in this body, and other gro- the rules, and exhausted their savings. aging to me, how will I pay these costs and tesque, cruel, costly impacts of this high premiums? The republican healthcare They are vulnerable now because of the plan wants to punish me for having cancer. bill are the wrong ways to go. They cost of healthcare and their care, in know that when they look in the mir- She closed by saying: particular. The focus ought to be on ror, but they will know it even more It is as though Washington wants to punish them, on the people who are affected, me again for having cancer and being older. powerfully when they look in the eyes not so much the numbers, but we know . . . I never would have expected that the of their constituents this week—if they from the numbers that the Republican greatest country in the world would treat me have the guts and courage and heart to plan would disastrously raise pre- like this. do so.

VerDate Sep 11 2014 01:34 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.021 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3820 CONGRESSIONAL RECORD — SENATE June 28, 2017 This wealth care plan is doomed to programs for making sure low-income prescription for school this past fall, I failure. Even if it passes, it is doomed people get the healthcare they need. was astounded that the price sky-rock- to fail America. It is a moral failing, People get treatment for illnesses that eted to $741 to fill one prescription!’’ not just a policy failing. The health of once were a death sentence. Now Carmen is worried; she doesn’t our consciences, as well as our physical The American people support a gov- know whether her kids will lose Med- well-being, hangs in the balance. ernment that doesn’t leave its most icaid or how she will pay for prescrip- Thank you. vulnerable to suffer and die, but the tions. She asked me: ‘‘Please continue I yield the floor. current Senate bill cuts Medicaid by to fight for the Affordable Care Act be- I suggest the absence of a quorum. more than $770 billion. Let’s be clear, cause you are fighting for me and my The PRESIDING OFFICER. The these cuts have nothing to do with bet- family’s well-being.’’ clerk will call the roll. ter healthcare. They are a ruthless tac- It is cruel to threaten Rafe’s chances The bill clerk proceeded to call the tic to fund tax cuts for the wealthy. for a healthier life, cruel that Carmen roll. On the campaign trail, the President might not be able to pay for EpiPens Mr. UDALL. Mr. President, I ask vowed not to cut Medicaid. He said it a for her kids. TrumpCare threatens unanimous consent that the order for number of times. Last week, he these two families and millions more. the quorum call be rescinded. tweeted that he is ‘‘very supportive’’ of TrumpCare will hurt seniors, so it is The PRESIDING OFFICER. Without the bill. Yesterday, he met with the not surprising that AARP strongly op- objection, it is so ordered. Republican caucus and told them to poses it. AARP opposes the TrumpCare Mr. UDALL. Mr. President, I rise to pass the bill. By supporting this bill, age tax that allows insurance compa- defend the essential healthcare that the President breaks the promise he nies to charge seniors up to five times 300,000 New Mexicans and millions of made during the campaign. more for their premiums. The age tax, Americans depend on. Medicaid expansion has allowed mil- combined with reducing tax credits for Leader MCCONNELL calls his lions of Americans and over 265,000 peo- premiums, will price seniors out of TrumpCare bill the Better Care Rec- ple in my State to see a doctor. Many health insurance needed to supplement onciliation Act, but actually the bill of these folks work but don’t have their Medicare. AARP is calling on will mean worse care for seniors, chil- health insurance through their jobs or every Senator to vote no on the Senate dren, the disabled, rural communities, can’t afford private health insurance. Republicans’ bill. and working families all trying to Medicaid expansion is literally a life- Medicaid pays for an astounding 62 make ends meet. It will mean no care line, but TrumpCare wipes this out. I percent of all nursing home care. By for 22 million people, according to the can’t believe that our Republican cutting Medicaid, the Republicans latest Congressional Budget Office re- friends are doing this to New Mexico threaten our mothers, our fathers, and port. The bill cancels health insurance children and families. our grandmothers and grandfathers in nursing homes. States can’t bear the and slashes Medicaid funding, all so Take 11⁄2 year old Rafe—this is Rafe. Republicans can give big tax breaks to Rafe is here with his mom Jessica and burden of these costs. Republicans the richest Americans. his dad Sam, a veteran. They are from want to shift them. I know the State of New Mexico can’t President Trump called the original Albuquerque, NM. Rafe was born with handle this. This cost-shift sets States House bill mean. The Senate Repub- cortical visual impairment—a kind of up to cut reimbursement rates and re- licans’ healthcare bill isn’t just mean; legal blindness—and significant devel- duce eligibility for services at nursing it is cruel. It is cruel to take away opmental delays. He faced monumental homes. Medicaid pays 64 percent of nursing home care that seniors depend medical challenges. But Jessica and nursing home care in my State. New on, cruel to take away necessary med- Sam have been able to access the in- Mexico’s 74 nursing homes will be im- ical services from disabled children. tensive medical care, early interven- pacted by these cuts. Make no mistake, this bill will cost tion services, medical equipment, and Many of the folks in nursing homes lives. therapies he needs through a combina- are middle-class Americans who This version of TrumpCare is a mas- tion of their military insurance and worked all their lives, paid taxes, and sive redistribution of wealth from Medicaid. saved for retirement. They did every- working families, seniors, and the dis- Now Rafe’s parents are scared he will thing right, but because skilled nursing abled to the wealthy. But the Repub- lose his Medicaid services. Their mili- care is so expensive, they have outlived licans’ bill is not Robin Hood in re- tary insurance alone doesn’t cover all their life savings, and now Medicaid verse. TrumpCare doesn’t just take the services and equipment Rafe needs. pays the cost of care at the end of their money away from the poor to give to They need Medicaid. Without it, Rafe’s lives, allowing them to live with dig- the rich; it takes away people’s chances for a better life are threatened. nity. healthcare and robs families of their They worry about—and this is their Senate Republicans may say that one health and ability to work, care for quote—‘‘dealing with insurance, find- improvement in their bill over the their families, contribute to society, ing healthcare, tracking down spe- House bill is it protects people with and lead happy and healthy lives. cialty doctors, keeping up with therapy preexisting conditions, but the Amer- This bill was drafted in secret. Only a appointments and doctor’s appoint- ican people shouldn’t be fooled. People handful of Republicans and their lob- ments.’’ They worry whether Rafe will with preexisting conditions are not byist friends got to see the bill. It is no be able to walk, feed himself, graduate protected under the Senate bill the wonder the American people hate what from high school, and get a job. Now way they are now protected under the TrumpCare would do to them and to they must worry whether he will get ACA. their families. TrumpCare is cruel; the medical care he needs to give him The Senate Republican bill still al- there is no doubt about it. the opportunity to do all of those lows States to waive the essential It is good that Leader MCCONNELL de- things. health benefits that all insurance com- cided not to call a vote this week on Let’s talk about Carmen and her panies must now provide under the this terrible bill, but I am by no means three children. Carmen is a single par- ACA. These benefits include prescrip- satisfied. We need to hear from the Re- ent. She serves Native American stu- tions, hospital stays, rehabilitative publican leadership that they are ready dents as a teacher, a coach, dorm par- services, and laboratory services. If to work with Democrats to improve ent, and higher education adminis- States waive these benefits, people the Affordable Care Act, not gut it, and trator. The small nonprofit organiza- with serious illnesses would have to to truly improve our healthcare sys- tion Carmen works for doesn’t offer pay out of pocket for these services or tem. This is what the American people health insurance. For the past 4 years, buy additional insurance, or if these are demanding, and this is what we in Medicaid has helped pay for the services are covered but are not essen- Congress should be working toward on healthcare for her two sons. tial health benefits, insurance compa- a bipartisan basis. Her kids are healthy, but two have nies can put annual or lifetime limits We created Medicaid in 1965 to serve nut allergies and need EpiPens at on the services, and people with serious a critical need. Since then, Medicaid school and at home. According to Car- illnesses could end up with no coverage has become one of the most successful men, ‘‘When I renewed their EpiPen or be priced out of services.

VerDate Sep 11 2014 01:34 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.022 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 28, 2017 CONGRESSIONAL RECORD — SENATE S3821 All this sends us back to the time health reform law work better. I want ican people and, certainly in many when people faced not getting care or such reforms to be bipartisan. I want cases, some of sickest among us and going bankrupt if they got sick. We to have a larger conversation about people who have a whole lot of passed the ACA because the American healthcare in this country. But the Re- healthcare insecurity. This is politics. people agreed no one should go broke publican Senate bill, the Better Care We cannot continue to play politics to pay for lifesaving care and that in- Reconciliation Act, is simply not the with people’s health. surance companies shouldn’t be able to way to have those discussions. Frank- Some of the issues we are working to place limits on the care someone could ly, this bill is a nonstarter. address were included, interestingly get in their lifetime. Why do Repub- I have heard from so many North Da- enough, in the Senate healthcare bill— licans want to take us back? kota children with disabilities, seniors a clear acknowledgment from the Re- Finally, the steep cuts to Medicaid in nursing homes, men and women with publicans that these changes are nec- would devastate hospitals, especially preexisting conditions in my State, and essary for the health market to func- rural hospitals. Make no mistake— hospitals, doctors, and nurses, espe- tion in 2018. rural hospitals are already struggling. cially in rural communities, who are Right now, we are standing here be- Medicaid cuts will force some to close deeply concerned—in fact, I can tell cause time is of the essence. I hope our their doors if TrumpCare becomes law. you, deeply panicked—about how this colleagues will join us in this effort. In New Mexico, our rural hospitals bill would make care less available and We want to work with them. We hope are often an economic anchor for the less affordable. they will work with us. We hope we can community. Hospital administrators in There are commonsense actions we at least at a minimum get together and my State are very worried. Medicaid can and should take right now to make solve the problem for 2018 while we are has helped the Guadalupe County Hos- sure American families aren’t hurt in debating the future of healthcare deliv- pital cut its uninsured payer rate from the near term. That is why we are here ery in this country. 14 percent to 4 percent from 2014 to today. I will call on my friend, the great 2016. Its uncompensated care decreased Action and uncertainty caused by the Senator from New Hampshire, Senator 23 percent in the same period. The hos- administration, as well as House Re- JEANNE SHAHEEN, to offer what I think pital’s administrator, Christina publicans, exacerbated instability in is a terrific idea and to talk about a Campos, fears what might happen if the insurance markets, threatening bill on which I am a cosponsor. TrumpCare becomes law. She is urging significant cost increases for con- The PRESIDING OFFICER (Mr. LEE). me to protect access to care in rural sumers in 2018. The administration has The Senator from New Hampshire. areas. been unwilling to commit funding for UNANIMOUS CONSENT REQUEST—S. 1462 I will fight hard to keep residents in cost-sharing reduction payments, and Mrs. SHAHEEN. Mr. President, I am our rural areas insured and to keep some Republicans have been working very pleased to join my colleague from rural hospitals open in New Mexico and to dismantle the health reform law by North Dakota, Senator HEITKAMP, and across the Nation. not funding critical reinsurance pro- appreciate all of the efforts she is mak- The President and congressional Re- grams. These actions make it extraor- ing to try to address the challenges we publicans want to take us back to the dinarily difficult for insurers to plan are facing in the healthcare markets days when healthcare was a privilege and make business decisions for 2018— across this country. Like her and like for those who could afford it. The yes, 2018, the year we are talking about American people do not support the so many of my colleagues who are today. If insurers can’t rely on these Republicans’ cruel plans. Congress going to be here, I have come to the should listen to the pleas of our con- funds to support healthcare programs floor this afternoon because we want to stituents. The American people reject that make it possible for health insur- take urgent steps and we can take the framework of TrumpCare. They re- ance costs to remain affordable for steps today to address the uncertainty ject gutting Medicaid and the Medicaid families, the health insurance premium in our health insurance markets. We expansion. They reject making seniors filings for the next term year will re- can take steps today that can hold pay more for healthcare. They reject flect that uncertainty. Health insur- down premiums. making healthcare inaccessible for ance rates for 2018 that have already I have heard Senators on both sides those with fewer resources. been filed in some of our States dem- of the aisle who have expressed concern The Republicans need to go back to onstrate that fact. about looming premium increases in the drawing board and begin to work Let’s talk about the facts. Inde- the Affordable Care Act marketplaces. with Democrats. I say to my colleagues pendent reports from the Congressional We all need to understand, as Senator across the aisle, do not take healthcare Budget Office and Standard & Poor’s HEITKAMP pointed out, what some of and the opportunity to lead a produc- have said that the insurance markets the causes of these premium increases tive and happy life away from millions were expected to stabilize this year and are. of Americans. Together, we can make could stabilize this year unless the ad- Insurers regularly cite the Trump ad- affordable healthcare a reality for all. ministration causes disruption. If you ministration’s refusal to commit to Mr. President, I yield the floor. look at the numbers from last year, making cost-sharing reduction pay- The PRESIDING OFFICER. The Sen- you will see that health plans were of- ments, also known as CSRs. These CSR ator from North Dakota. fered in every county in this country. payments were included in the Afford- Ms. HEITKAMP. Mr. President, one Today, we are here to offer a few bills able Care Act in order to help Ameri- of the things that the healthcare law that will make an immediate and real cans afford insurance once they had it. changes here have demonstrated is difference for families to address The ACA requires insurers to reduce that partisanship in Congress has health insurance rate increases that we deductibles and copayments for work- reached a new high—or I would say a expect in 2018. These are commonsense ing families who are buying insurance new low. I am tired of reading about bills that should be bipartisan. in the marketplace. Because of the who is to blame for what, and I know We hope our colleagues across the cost-sharing reduction payments, the Americans and North Dakotans are aisle will work with us in a bipartisan CSRs, patients pay less for their care too. Most importantly, it certainly way so we can provide immediate relief and the government reimburses the in- doesn’t do anything to help American and guarantee stability for the indi- surers. families’ healthcare get any better. vidual market—stability that will en- These reductions and payments are We should all want to improve our able individuals and families in all of built into the rates insurers are charg- healthcare system so it works better our States to avoid serious increases in ing for 2017. Yet the Trump administra- for families and for businesses. It their health insurance rates. tion has refused to commit to paying should be a bipartisan discussion, not a No family should face bankruptcy to these reimbursements because of a par- political exercise. I am here, as are cover their healthcare costs because in tisan lawsuit that has been brought by many of my colleagues, because that is Washington, DC, we can’t implement House Republican leaders. what we hope to accomplish. the bill that we have and instead con- Because of the radically uncertain For years, I have been offering rea- tinue to stall and play the game of pol- landscape insurers are facing right sonable reforms to make the current itics against the interests of the Amer- now, many of them are doing one of

VerDate Sep 11 2014 01:34 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.024 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3822 CONGRESSIONAL RECORD — SENATE June 28, 2017 two things: Some are pulling out of the Republicans, and it would be good for need, and more than they can afford in ACA marketplaces altogether, and oth- the Democrats. Mostly, it would be so many cases, and it is insurance that ers are dramatically increasing pre- good for the families out there who are provides very hollow opportunities to miums. The end result is fewer choices experiencing this uncertainty. actually use the insurance. and higher costs for American families. We could do this. It would give us the Again, I appreciate the acknowledg- Last year in my State of New Hamp- breathing space we need to come to- ment that ObamaCare is clearly not shire—and Senator HASSAN is here. We gether on a bipartisan basis to improve working; however, our focus should be represent New Hampshire, and we have the law, to strengthen what is working on policies that make healthcare more been very concerned about what is hap- and to fix what is not. In poll after affordable to all Americans. pening right now. Last year, the insur- poll, that is what the American people I object. ance markets were stable, and health want us to do. They want us to stop the The PRESIDING OFFICER. Objec- insurance premiums increased an aver- partisan bickering. They want us to tion is heard. age of just 2 percent—the lowest an- work together. They want us to make The Democratic leader. nual increase in history. Today is a commonsense improvements so that Mr. SCHUMER. Mr. President, I ask radically different story, in large part this law works for every American. unanimous consent that we get our full because of the uncertainty this admin- Mr. President, at this point, I ask amount of time and that the time my istration is causing by refusing to unanimous consent that the Senate friend from Wyoming uses be from the guarantee insurers cost-sharing reduc- proceed to the immediate consider- Republicans’ time at some point later. tion payments. What we are seeing is ation of S. 1462, the Marketplace Cer- The PRESIDING OFFICER. There is that those insurance companies are tainty Act; that the bill be considered no order for divided time. protecting themselves by raising pre- read a third time and passed; and that Mr. SCHUMER. Oh. So we have as miums on patients. the motion to reconsider be considered much time as we need? The same thing is happening in other made and laid upon the table with no The PRESIDING OFFICER. There is States. In some cases, insurers are fil- intervening action or debate. no order. ing two different sets of rates—a set The PRESIDING OFFICER. Is there Mr. SCHUMER. I thank the Presiding that is premised on the administration objection? Officer. continuing to make cost-sharing reduc- The Senator from Wyoming. The PRESIDING OFFICER. The Sen- tion payments and an alternative set Mr. BARRASSO. Mr. President, re- ator from New Hampshire. with higher premiums to account for serving the right to object, I just had Mrs. SHAHEEN. Mr. President, while continuing uncertainty and the possi- an opportunity to read the legislation I am disappointed, I am not surprised bility that this administration will of the Senator from New Hampshire. It that my colleague from Wyoming has stop making those payments. appears that the legislation was just objected to our effort to move forward. Unfortunately, the Trump adminis- filed today. Instead of giving the Amer- He is objecting to ending the uncer- tration continues to send mixed signals ican people time to read the bill, the tainty we have experienced, which is to insurers, and of course it has threat- Senate is being asked to pass the legis- forcing insurers to raise rates because ened to stop paying cost-sharing reduc- lation now. At a minimum, shouldn’t of the uncertainty with which this ad- tion payments altogether. If this were the American people have at least a ministration is administering the Af- to happen, insurers could immediately day to read the proposal? fordable Care Act. They have been very exit the markets for breach of con- Putting that aside, this bill seeks to clear that they want marketplaces to tract. address another major failure of implode so that the act does not work So we are kind of in this perverse ObamaCare. That is what they are try- for people. Senator BARRASSO is object- limbo situation. The administration ing to do here. As a doctor, I want in- ing to a commonsense step to stabilize creates uncertainty by refusing to surance to be affordable for patients all the insurance marketplaces. commit to continuing the CSR pay- across the country. This bill confirms This is not going to be the last word ments, and the insurers protect them- what we all know—that ObamaCare is because this is a commitment we made selves by exiting the markets or rais- not affordable. to American families. The instability ing rates. And it is the premium hold- The Senator is well aware of the here in Washington is what is causing ers, the families out there, who are large premium increases in her own the instability not only in insurance hurt by this political football that the State. It is not just the premiums that markets but in the country at large. administration seems to be intent on are skyrocketing. This week, I spoke to We are approaching the Fourth of continuing. a woman in Wyoming. She told me that July, which is next week. When our That is why I have introduced the the deductible under her ObamaCare Founders declared independence on Marketplace Certainty Act, which is a plan is so high that her husband refuses July 4, 1776, Benjamin Franklin warned bill to appropriate funding for the cost- to go visit the doctor. She said that it that we must all hang together or we sharing reduction payments in order to is $6,500 for her and $6,500 for him and will all hang separately. It is no dif- make good on our commitment to help that he will not go to a doctor with ferent today. We all need to come to- working families with their deductibles that kind of a deductible. According to gether. We need to work across the and cost sharing. supporters of ObamaCare, this person aisle. We need to improve the I believe that the House Republican is actually covered under ObamaCare, healthcare system so that it works for leaders’ lawsuit has no merit but that but as a doctor, I see things differently all Americans. That is our goal. That is the chaos it has caused by allowing the in that healthcare must be more af- why we are here on the floor today, and Trump administration to waver on fordable for everyone. we need to start by making sure the in- these promised payments requires that The Senator’s proposal seeks to surers have some certainty so that we act now. throw more money at a systemic prob- they can keep rates low for American I am pleased to be joined in this leg- lem with ObamaCare. Instead, we families. We will be back, have no islation by Senators BALDWIN, should be passing bills that actually doubts about that. BLUMENTHAL, CARDIN, CARPER, COONS, bring down the cost of care. The PRESIDING OFFICER. The Sen- KAINE, HASSAN, HEITKAMP, CORTEZ When the Senator mentions the ator from Missouri. MASTO, KING, LEAHY, MARKEY, WYDEN, CSRs, I will point out that absolutely Mrs. MCCASKILL. Mr. President, I STABENOW, and I am sure that by to- every payment has been made—every have to say that there are a lot of morrow, we will have even more Sen- one—all the way up until today. things my friend from Wyoming could ators on this bill. People also talk about the sabo- have said in his objection, but to lec- We could pass it right now. Right taging of the market. To me, the sabo- ture us about bringing out a bill that now, we could end this manufactured taging of the insurance companies and people have not had a chance to read or crisis. We could immediately restore the insurance market in this country study is rather rich at this moment in certainty and stability to the health has been because of ObamaCare’s man- our legislative journey on healthcare. I insurance markets for all of our con- dating that people buy insurance—buy do not know if he thought that through stituents. That would be good for the more than they want, more than they before he said it, but I can assure you

VerDate Sep 11 2014 01:34 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.025 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 28, 2017 CONGRESSIONAL RECORD — SENATE S3823 that when it came out of his mouth, all be considered read a third time and The simple fact is that ObamaCare is of us on this side were saying: You passed; and that the motion to recon- not providing patients with the in- have got to be kidding me. Really? It sider be considered made and laid upon creased choices they were promised. was just a little much. the table with no intervening action or We need to rescue people in Missouri I know we are all talking around the debate. and across the country from obvious, and that is that we need to fix The PRESIDING OFFICER. Is there ObamaCare. This bill is the wrong ap- the healthcare system in America so objection? proach. that people do not have to go into their The Senator from Wyoming. I object. pockets as often, so that insurance is Mr. BARRASSO. Mr. President, re- The PRESIDING OFFICER. Objec- reliable, and so that the markets are serving my right to object, before com- tion is heard. more stable. We are going to have a lot ing to the Senate, I practiced medicine Mrs. MCCASKILL. Mr. President, of opportunity, I hope, to come to- in Wyoming for over 20 years. That is will the Senator yield for a question? gether and do just that. I hope my why I am passionate about improving The PRESIDING OFFICER. The Sen- friend from Wyoming and my other the quality of care and lowering the ator from Wyoming does not have the friends on the other side of the aisle cost of healthcare. Unfortunately, we floor. will be part of that. know healthcare is in a crisis. Pre- The Senator from Missouri. UNANIMOUS CONSENT REQUEST—S. 1201 miums and deductibles are sky- Mrs. MCCASKILL. Mr. President, the We have a very simple solution to the rocketing, and insurance is next time I will know, when he is giv- bare counties, and I hope people will unaffordable. ing a speech, before he objects, to start think this through before they just ob- It is interesting to hear the com- then. ject. I am going to have 25 bare coun- ments when we are talking about the I am pretty sure that his staff in Wy- ties, mostly as a result of the sabo- sabotaging of the marketplace. It is oming is not coming up to Washington taging of the exchanges by this admin- ObamaCare that has sabotaged the to buy their insurance. I am pretty istration. People in those counties are marketplace. The Presiding Officer sure that all of our staffs—I am pretty looking to me for an answer, and I do knows fully well, as do I, that when sure the Presiding Officer’s staff, those not blame them for being worried. How you look at the co-ops that were set up who work for him in Utah—are not can we solve that problem today? S. all around the country under coming to Washington to buy their in- 1201, the Health Care Options for All ObamaCare, one after another went surance. I am pretty sure Senator Act, which I have introduced, will solve bankrupt—belly-up, shut down—and MANCHIN’s staff and Senator PATTY that problem today. left people uncovered. That was before MURRAY’s staff and all of our staffs who All we have to do is say to anyone we even knew who the Republican live all over this great country are not who is in a county in America—and I nominee for President was going to be coming to Washington to buy their in- know my colleague from Ohio, Senator in 2016. That is ObamaCare. That was surance. They are getting good health BROWN, has some counties, and I know at a time when all there was out there insurance plans. my colleague from Indiana has some was the Obama healthcare law. One co- I just think it takes incredible nerve counties—if you do not have an insurer op after another failed, and it cost the to lecture me about people in Missouri in your county, you can come with taxpayers billions of dollars—guaran- having no insurance while the Senator your subsidy and buy insurance from teed loans that will never be paid back. from Wyoming is objecting to letting the same places our staffs buy it and Just like the bill we just discussed, them get the same insurance he has. most Members of Congress buy it. this proposal is an important acknowl- Really? That is what this has come to, Those are national plans. They are in edgment by the Senator from Missouri. this partisan exercise? every State in the Union because Mem- It is the acknowledgment that We don’t have to fix this perma- bers of Congress have staff members in ObamaCare’s collapsing insurance mar- nently this way, but we could do it just every State in the Union. There is no kets are affecting people all around the temporarily to give people peace of need to attract more plans. There is no country. In Missouri, 18,000 people in 25 mind until we figure out the right way need to do anything complicated. You counties will have zero options on the forward. But how dare Members of this just take the subsidies that you are en- ObamaCare exchanges—zero. They Chamber tell people in my State they titled to and you buy insurance at the have been promised that their pre- are not entitled to buy what we have, same place Congress buys it. existing conditions will be covered, and when they have no other options at We can do that today. If we do not do no one is selling insurance in those this moment. it today, do you know what we are say- counties in that State. They have basi- Let’s move forward together and fix ing to the people who live in Ohio and cally been misled by ObamaCare that it—all of it. But to get a lecture that Indiana and Missouri? We are saying they will be covered for preexisting people in my State don’t deserve what that we are entitled to something bet- conditions. In the Republican plan, my staff has or what Senator BAR- ter than they have and that they what we are doing is covering people RASSO’s staff has—no wonder people are should not be allowed to buy what we who have preexisting conditions. upset with Washington. can buy. Now, that takes some nerve. Let me say again that next year I yield the floor. If we are not willing to take this sim- thousands of people in Missouri will The PRESIDING OFFICER. The Sen- ple, basic step, people in these counties have no insurance company that will ator from Minnesota. should be angry and take up pitch- be willing to sell insurance in the HEALTHCARE LEGISLATION forks—metaphorically, of course. ObamaCare exchange. It is clear that Ms. KLOBUCHAR. Mr. President, I The national plans that are out there insurance markets in Missouri are col- thank the Senator from Missouri for that my staff uses that are in Spring- lapsing, as they are all around the her good idea and for her passion for field, Cape Girardeau, Columbia—and I country. this issue and for her correct state- am sure my colleagues could talk This bill is not the solution. Instead ment that when people sign up for about their staffs using these plans all of giving people more choices in Mis- these exchanges, they don’t have to go over the country—I would like to make souri, what does the bill do? It sends by train, plane, or automobile to Wash- those available to regular folks in my people to Washington, DC, to buy their ington, DC, to get their insurance. State who want to be able to lay their health insurance—a typical solution I heard, when I was home this week- heads on their pillows tonight and not from the other side of the aisle. Instead end, over and over, concern from people worry about whether they are going to of empowering States with more flexi- whom I was surprised to see come up to have insurance next year. bility and the authority at the State me. Several people in Winona, MN, Mr. President, I ask unanimous con- level, they think once again that Wash- came up to me and said: We are Repub- sent that the Committee on Finance be ington knows best. They think that the licans, but we don’t think it is fair if discharged from further consideration people they represent would rather call seniors have to pay more when tax cuts of S. 1201, the Health Care Options for a bureaucrat who is hundreds of miles are going to the wealthiest. All Act; that the Senate proceed to its away than talk with local people who I heard from people in Lanesboro, immediate consideration; that the bill live and work in their communities. MN, small business owners who were

VerDate Sep 11 2014 01:34 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.031 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3824 CONGRESSIONAL RECORD — SENATE June 28, 2017 worried about what was happening the trophy. They handed the trophy to That is not consistent with the Gold- with the proposal from the other side. the Republican team and asked them en Rule. The Presiding Officer knows it In Northfield, MN, the town of ‘‘Cows, to place that trophy in Congressman well. We are supposed to treat other Colleges and Contentment,’’ I can tell SCALISE’s office. people the way we want to be treated. you that they were not very content at We are not two teams. We are one That is an example of a failure with re- the Northfield Hospital as they saw the team, and that is for our country, for spect to the Golden Rule. devastating impact this bill would have America. So let’s work together on this I didn’t come here to waste my time on rural hospitals. bill. and other people’s time. I came here to So that is why I so appreciate my Thank you very much, Mr. President. get things done. We tried hard to in- colleague from North Dakota, Senator I yield the floor. volve the Republicans 8 years ago. HEITKAMP, bringing people together The PRESIDING OFFICER. The Sen- They may not acknowledge that. The today to talk about the fact that there ator from Delaware. people in this country still want us to Mr. CARPER. Mr. President, I love is another way forward. really bear down and work together, what the Senator from Minnesota just There is another way forward, and and we can do that. At the end of the said. I am a retired Navy captain. For the people in this Chamber have done day, we will be better as a party, we years we had healthy competition this before. Senator MCCONNELL nego- will be better as a body, and we will be among the different branches of our tiated with Senator Boxer on a major better as a country. services. I salute the folks in the transportation bill. The last time we I want to thank Senator WARNER for Army, the Marines, the Air Force, and had an issue with doctors’ fees, we were letting me speak before him. Thank Coast Guard. I always say: The Navy able to get that done on a bipartisan you so much. I will say to Senator salutes you. Then I also say: a different basis. So what we are simply asking KAINE: Thank you for allowing me to uniform, the same team. To the extent our colleagues to do is to start afresh be your partner on a great reinsurance that we wear different uniforms, we and to look at what we could do to- plan that will help stabilize the ex- really are on the same team, and I gether to help the people of this coun- changes. I am delighted to be your think the American people are anxious try without sabotaging the current wingman. Thank you. for us to start acting that way. healthcare delivery system and with- What I hope we will do is to hit the The PRESIDING OFFICER. The Sen- out taking this out on the most vulner- pause button right now on the legisla- ator from Virginia. Mr. WARNER. Mr. President, I urge able through Medicaid cuts. tion that the Republicans have pulled Here are some ideas. As to prescrip- off the floor and that we will use this my friend, the Senator from Delaware, tion drug prices, why would we not time as an opportunity not to go to our to get to the train station. First of all, I wish to thank Senator allow the 41 million seniors in this separate corners and figure out how to HEITKAMP for bringing this group to- country to use their bargaining do the other team in when we return gether. There has been a lot of talk power—to harness their bargaining here in 10 days. I hope we will, as some power—as my friend Senator NELSON of our colleagues have suggested, ex- about what ideas can fix the Affordable from Florida understands because he plore some ideas where we can work to- Care Act, and here we are hearing some knows there are a lot of seniors in gether. of the ideas that we will offer. Florida—to harness that bargaining Some have talked about how to make Senator KAINE has had to hear this power to negotiate for lower costs on the marketplaces work. It is not a story before, but before I was in poli- prescription drugs. The current law Democratic idea. It is a Republican tics, I had a pretty long career in ven- bans us from doing that. So all we want idea. There are the tax credits for the ture capital and invested in a lot of to do is to lift that ban and let our sen- exchange, which is a Republican idea. businesses. Some of those businesses iors negotiate. That is not in this bill The individual mandate and the idea managed to eke out a living, but the we are considering from the Republican that there cannot be prohibitions on thing that was remarkable about the side. This is something we can come to- insurers denying coverage are Repub- companies is that the companies that gether and work on. lican ideas too. Those are all ideas were the most successful weren’t the We can get less expensive drugs in from 1993, taken from Mitt Romney, ones that had the perfect business plan. the form of generic drugs. Yet, right who put them in RomneyCare in Mas- They weren’t the ones that had the now, we have a situation where major sachusetts, and we put them in the Af- newest ideas. The companies that were prescription drug companies are paying fordable Care Act. the most successful were the ones that generic companies to keep their prod- We didn’t just do this and shut out were able to adapt and change. I never, ucts off the market. It is called pay for the Republicans. We had 80 days where ever invested in a business that ever delay. Senator GRASSLEY and I have a we worked on the legislation. I was on met its business plan. Every one had to bill to eliminate that. We can bring in the Finance Committee with Senator change in some way—alter. less expensive drugs from other coun- SCHUMER and others, and we had, I The truth of the matter is, as to the tries if, in fact, we have a situation think, a dozen or more hearings and Affordable Care Act, for all its good where the prices have ballooned, as dozens of amendments—over 300 things, there were things we got wrong. they have for the top 10 selling drugs in amendments in all. Some 160 Repub- I will be the first to acknowledge that. America. Four of them have gone up lican amendments were included in the There have been a lot of us in this body over 100 percent. bill. To somehow say that they were who over the last couple of years— The exchanges are another area being shut out is nonsense. That is a again, I thank the Senator from North where we have agreement. Senator reinvention of history. Dakota, who has been a part of these COLLINS has been working on this. Sen- Let’s do it the right way. At the end efforts—have said that maybe we need ator KAINE and Senator CARPER have a of the day, we will do what President to do a little less bureaucracy in the bill on this, and Senator SHAHEEN is Trump has been calling for, for the last ACA in terms of reporting require- working on the cost-sharing issue. We 5, 6, 7, 8 months, as I recall. He said: ments. Maybe we ought to have a can work together to make insurance Why don’t we cover everybody, why cheaper option. We have gold and silver more affordable for people who are in don’t we provide better coverage, and and bronze. I remember working with the exchange. why don’t we do it in a more affordable the former Senator from Alaska on As to our small business rates, we way. this. Maybe we ought to have a copper must work on that. Unfortunately, what Republicans plan, as well, to try to get those young I truly believe we can come together. have offered and what they pulled off people invested in buying that first I will end with this. I got to be at the floor doesn’t do that. It provides plan. that baseball game in the crowd with less coverage for more money. It says We said that maybe we ought to take the 25,000 people who were watching to people—the least well off in our soci- an idea that came from the other side the two teams play each other. Senator ety: We are going to provide you less of the aisle, and, as long as we have ap- DONNELLY of Indiana was on the field. coverage in order to give folks who propriate consumer protections, go At the end of the game, after the make a lot of money, and really don’t ahead and let insurance products get Democratic team won, they didn’t keep need a tax break, a tax break. sold across State lines so there is more

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I think we now have that built up the ACA—risk corridors, So, last night, I had a telephone a chance to get this right. cost sharing, or more recently the ad- townhall meeting in my State of Flor- I want to tell a personal story about ministration saying that we may just ida and 6,000 people joined. They asked my own involvement in this in the last ignore part of the bill that says there questions for an hour. Often, they few months. The story, to me, exempli- is an individual mandate. Con- would get through asking their ques- fies an important principle, and that is sequently, that means the insurance tion and they would say: I wish you a bad process will produce a bad prod- company had to charge a heck of a lot guys could work together. So that is uct. This bill was the subject of a very more money because they weren’t sure what we have been hearing in all of bad process. whether the law was going to be in these speeches. The bill that was put on the floor was force. Well, let me give one suggestion that a bill that ignored and shut out all We have had people like the Senator would lower premiums in the existing Democrats from participating. More from New Hampshire say: Well, I had law, the Affordable Care Act, 13 per- importantly, it shut out the commit- an idea on cost sharing that might fix cent. I had it costed out in Florida. tees from participating. Most impor- it. My dear friends, the other Senator Every now and then, you are going to tantly, it shut out the public from par- from Virginia and the Senator from have a catastrophic loss. It is kind of ticipating. That led to a bill that was Delaware said: Let’s go out and do that like when I was the elected insurance destined to be bad. So we ought to fix reinsurance plan, so that if there are commissioner of Florida, and I inher- it. extraordinarily high-cost plans, maybe ited the mess after the monster hurri- Our Democratic leader is just exiting that will be a secondary backdrop so cane. Hurricane Andrew was such a the Chamber. He asked me after I came premiums will not have to be so high. monster hurricane that it took down a back from the national ticket—as a I am proud to support and be a cospon- number of insurance companies be- consolation prize, I guess—can you be sor on both of those pieces of legisla- cause the losses were so big. So we had on the HELP Committee? This is the tion. to try to get insurance companies to committee I have wanted to be on since Then, as only the Senator from Mis- come back into Florida. We created a I came to the Senate—Health, Edu- souri can do, she came up with the reinsurance fund. We called it the Flor- cation, Labor, and Pensions. most obvious of, at least, a short-term ida Hurricane Catastrophic Fund, I have been a mayor, and I have been solution that says: My gosh, if for some which would reinsure, or insure, the in- a Governor. I have been in local and reason, because there have been efforts surance companies against cata- State government for 60 years. Edu- to sabotage the ACA, we don’t have strophic loss. cation is the biggest line item, and enough offerings for at least some stop- That is what we can do right here. health is the second biggest line item. gap period, we ought to allow all the We could be like my poor constituent, This is what I actually know some- folks in our States, if they don’t have Megan, who fought cancer for 2 years, thing about. I was so thrilled to join any coverage, to at least get the same with two transplants, and ultimately the committee. But, boy, was I naive. I kind of coverage we get. That is kind of lost the battle, but the bill was $8 mil- assumed that being on the HELP Com- Harry Truman basic common sense— lion. That is hard for any insurance mittee meant we would get to have a Missouri common sense. company to swallow, but those are hearing about a healthcare bill. So I hope our colleagues, after they going to be limited, isolated cases. I got on the committee on the 3rd of get out of one more secret meeting in Why don’t we create a reinsurance January. On the 5th of January, with one more basement or secret location, fund for the marketplace in the Afford- many of my colleagues, we wrote a let- will come back and start talking about able Care Act to help the insurance ter to the Republican leader and to the these solutions—solutions that don’t companies with catastrophic loss? I Republican chair of Health and Fi- start with the premise that we are asked: If we did that in Florida, with nance—13 of us; we had been on the going to give folks like me a tax cut or the Florida marketplace, what would it committee for 2 days—and said: If you that we are going to take a meat ax to mean? It would reduce the insurance want to talk about improving Medicaid or that we are going to come premiums under the marketplace in healthcare, we have ideas. We want to up with a proposal that will take 22 Florida by 13 percent. That is just one sit down with you right now and talk million Americans off of health insur- suggestion. about improvements to healthcare. ance. Every one of us has a suggestion. Put I guess I am a naive 58-year-old. I The ACA didn’t get it entirely right. all of these suggestions together, and thought, now I am on the committee. There is a lot of room for improve- we are talking about really fixing the Now I am where things will happen, ment. We have asked our friends on the current law, instead of this roadway we and we will get to actually fix other side to meet us halfway and to see our friends on the other side of the healthcare. But instead, since I have try to bring the kind of bipartisan spir- aisle going down—a solution that is been on the committee—and I have it we all talk about on this issue that going to take coverage away from 22 committee colleagues here who will at- affects each and every American and million people and is going to cut $800 test to this—we have had hearings on one-sixth of our economy. We can do it. billion out of Medicaid and eviscerate higher ed, we have had hearings on We can do it right, but it is going to Medicaid or that is going to charge Cabinet nominees, we have had hear- take the kind of cooperation and the older Americans over younger Ameri- ings on FDA reform issues. But the one kinds of good ideas that are being of- cans five times as much as the young- taboo topic on our committee is that fered by my colleagues on the floor. er. We don’t have to do that. Let’s we are not allowed to have a hearing I yield the floor. come up with a creative idea to fix the about the healthcare bill. The PRESIDING OFFICER. The Sen- existing law. We asked for one after the House ator from Florida. I yield the floor. passed their bill; we couldn’t have a Mr. NELSON. Mr. President, all of The PRESIDING OFFICER. The Sen- hearing. The Senate bill has been put the Florida people walk up to me and ator from Virginia. on the floor; we haven’t had a hearing, say: BILL, what is going on? Why can’t Mr. KAINE. Mr. President, I also rise and as far as we know, there will be no Congress get together? Why can’t we with my colleagues to speak in favor of hearing. So those of us who are focused work together? We do in our commit- commonsense solutions. I think the on this issue have no opportunity, but, tees. We usually work together. We GOP leadership made a wise decision— more important—it is not about com- certainly do with Senator THUNE, who and I thank them for it—to pull the mittee Members. For those watching is the chairman of the Commerce Com- vote on their healthcare bill this week this and wondering what a hearing is mittee. This Senator is the ranking when the CBO came out and said that about, a hearing is about hearing from member. We get a lot of things out. We 22 million people would lose health in- the public. You have a witness table.

VerDate Sep 11 2014 02:40 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.033 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3826 CONGRESSIONAL RECORD — SENATE June 28, 2017 You get a patient and a doctor and a ance mechanism to backstop high-cost get them accepted unless I can con- nurse. You get an insurance executive claims. If an insurance company knows vince some in the Republican majority and a pharmaceutical executive. You there is a backstop, they can actually that it is a good idea. I have to con- get a small business having a hard time set premiums at a lower and more af- vince Republicans it is a good idea for buying health insurance. You get them fordable level for everybody. Having my amendment to be accepted. all to sit there and tell you what they that backstop also gives some cer- Shouldn’t I have that opportunity? like, what they don’t like, and what tainty, so you can actually write a Why would anybody be afraid of being can be fixed. All of that—all of that— plan in a market where, if you don’t open to an idea that might actually has been shunted aside in this process, have certainty, you might choose not improve the bill? so the public isn’t heard and the com- to write it. Just this morning, I came out of a mittees can’t do their work. In the first 3 years of the Affordable markup that the Presiding Officer is Our ranking member on this com- Care Act, this reinsurance provision very familiar with, the markup of the mittee, the Senator from Washington— worked out very well, held premiums NDAA. We finished it this morning on I had watched her as the Budget chair down, and kept insurers in the market- Armed Services. We went back and when I was a Budget Committee mem- place. It expired. But we actually know forth across the table, 27 Democrats ber work out a great bipartisan budget reinsurance works because it is part of and Republicans. We traded amend- deal in December of 2013, with then- a great bill that was passed during a ments, we voted some up, and we voted House Budget chair, now-House Speak- Republican Presidency with over- some down. We had Senator MCCAIN er PAUL RYAN. We worked it out. It was whelming Republican support. Medi- and Senator REED leading us in that. bipartisan. care Part D was passed during the ad- We got to the end of the day, and we I watched our ranking Democrat on ministration of President George W. had a committee vote. After that dis- the HELP Committee work with the Bush. Reinsurance was made a perma- cussion and listening to one another chair on the HELP Committee, LAMAR nent part of that bill to do exactly the across the table, back and forth, the ALEXANDER, 2 years ago to do some- same thing: to cover high-cost claims, committee vote was 27 to 0—27 to 0. We thing most people thought was impos- seniors who had multiple high-cost got all the Dems on board. sible: have hearings and rewrite No medications. Because reinsurance was I will not be naive enough to think Child Left Behind into the Every Stu- included in that bill—it was put in the healthcare is going to be simple and dent Succeeds Act. It was 7 years past original bill, authored by Repub- noncontroversial. I am sure we will the reauthorization date because it was licans—it enables pricing to be more have some tough discussions. I am sure too controversial. But I watched them affordable for our seniors who are on I will offer an amendment that will be use the committee process, entertain Medicare, and it enables pricing actu- turned down. Maybe I will offer one ideas from both sides, hear from the ally to be more affordable for the pub- that will be accepted. But we are much public, rewrite the bill, then con- lic treasury. more likely to produce a good product ference with the House, and then get it Reinsurance is just one of a number and help people’s healthcare if we actu- to the President for signature. of ideas that are out there, but it is an ally will sit down in the committees Why is healthcare taboo on the idea that has bipartisan bona fides. It that have jurisdiction and dialogue and HELP Committee? Let the committees has been demonstrated to work. You amend before we bring this thing to the do their work. Let the greatest delib- are not going to put reinsurance in this floor. It is just not worth rushing, be- erative body in the world deliberate. bill and have an unintended con- cause it is life and death. Let the Senate be the Senate, and let sequence that you didn’t think would We have a chance to get it right. The us work together. happen. We know how reinsurance step-back this week enables us to take My colleagues have mentioned that I works, and we know how it will work that chance, and we should seize it and put an idea on the table. It is not a fix- here. work together. everything idea, but it is a particular I would just conclude and say that I I yield the floor. idea with a lot of bipartisan cred, and hope we will take a bad process, which The PRESIDING OFFICER. The Sen- it is the notion, as some of my col- produced a bad product, set that aside, ator from North Dakota. leagues have said, of reinsurance. Sen- and engage in a good process to find a Ms. HEITKAMP. Mr. President, I ator CARPER and I have introduced the good product on the most important wish to make some concluding re- Individual Health Insurance Market- expenditure anyone ever makes in marks. place Improvement Act, and it is going their life—on their health—a good No. 1, I share the concerns that Sen- to a very particular problem that I product in the largest sector of the ator BARRASSO expressed. I hear from think Democrats and Republicans rec- American economy; one-sixth of our ranch families and I hear from farm ognize as a significant challenge in the economy is health. families about the unaffordability of current healthcare law. The right process is this: When the their healthcare premiums. I hear President Trump, from the beginning Republicans get to the point that they about high deductibles. I hear about of his administration, has injected un- think this bill is all they would want it how what has happened in the health certainty: We are not going to continue to be, why not just put it in the Fi- insurance market has made it more dif- enrolling people—or we will reduce the nance Committee, put it in the HELP ficult for them to cover their families. market for enrollment. We are not sure Committee, and let’s be the U.S. Sen- I hear that. we are going to pay the cost sharing. ate. Let those of us who are on the We have solutions we have been talk- Maybe we should let ObamaCare crash committees do what we want to do. We ing about that could lower those costs. and burn—a tweet that he did recently. have good committee chairs in these I would include dealing with people Because this has happened, the indi- committees: Senator HATCH and Sen- with chronic conditions. Reports from vidual market has become very unsta- ator WYDEN, the chair and ranking on the RAND Commission tell us that 12 ble, and many insurers pulling out of Finance; Senator ALEXANDER and Sen- percent of the people in this country the market are citing this unpredict- ator MURRAY on HELP. Put it in the who have five or more chronic condi- ability as contributing to an insta- committees; let’s hear from the public tions cost the healthcare system over bility in the individual market. about what works, what doesn’t, and 40 percent. Some of those people are on Here is what Senator CARPER and I what can be fixed. Then let’s dialogue the exchanges, and when they are on proposed, and we have numerous co- and listen to one another and come up the exchanges, that drives the sponsors: We take the tool that Sen- with solutions—just as in that budget healthcare costs up. ator NELSON was describing, reinsur- deal, just as in the rewrite of No Child But I have a question. I have a ques- ance, a tool that provides a backstop Left Behind. tion for people who are advancing the against very high-cost claims, and we The Presiding Officer knows the next Republican healthcare bill: Why do you put it into the Affordable Care Act as thing I am going to say, I bet. I am in have to give the richest Americans in it was for the first 3 years of the Af- the minority on those committees. I this country a tremendous tax break to fordable Care Act. The Affordable Care have some amendments like reinsur- solve that problem? How does giving Act in its first 3 years had a reinsur- ance that I want to put up, but I can’t the top 0.1 percent of taxpayers in this

VerDate Sep 11 2014 01:49 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.035 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 28, 2017 CONGRESSIONAL RECORD — SENATE S3827 country over a $250,000 a year tax JEANNE’s bill. The very bill that the the ACA, let’s not throw out what is break—how does that fix the problem Republicans have advanced says, working. Let’s make sure we are fixing for my ranchers? How does that fix the ‘‘There is appropriated to the Sec- and addressing the problems that we problem for my farm families? You retary of Health and Human Services, here express every day that come in know the honest answer: It doesn’t. out of any money in the Treasury not our mail and that we know we have to I need to understand how taking bil- otherwise appropriated, such sums that address in order to make the system lions of dollars out of the Medicaid sys- may be necessary for payments for fair; that is, younger, healthier people tem, driving sicker, older people who cost-sharing reductions authorized by need a break. They need to find an af- tend to be in the Medicaid population the Patient Protection and Affordable fordable product. onto the exchanges into the individual Care Act (including adjustments to any How are we going to do that? We marketplace—how does that help that prior obligations).’’ have seen ideas here today, ideas that farm family we talk about almost The same provision was in the House could take care of—even if we just every week on the floor of the Senate, bill. How can it be objectionable to made them temporary, even if we said that farm family, that individual who have a debate about a provision that this is only going to be there until 2019, is paying excess premiums? It does has been advanced in both Republican we could stabilize all of this today and nothing for them. bills? How can that be objectionable begin that today, but yet it is objected This is all some smoke-and-mirrors when so much is riding on that, when to. deal. What we have done today—almost the healthcare and availability of in- I think the message we want to send 15 of us have come to the floor, and surance to our families is riding on is we stand ready to fix the healthcare what we are saying is: Let’s fix the making sure we at least have some system. We stand ready to work with problems. We can all acknowledge that kind of stopgap measures in the ex- the other side of the aisle. We stand we have a healthcare system where changes that will guarantee a stability ready to address the concerns we hear really sick people have a hard time that will make insurance available. from our constituents about the finding affordability. When you put If we don’t know what is going to healthcare system. really sick people into an insurance happen with those counties—we know If we really want to respond to the pool, it drives up the cost for everyone. we have huge counties that don’t even concerns the American public has How do we manage that? The insurance have uninsured in them. Senator about the U.S. Congress, we better industry tells me the average time on MCCASKILL offered an opportunity. start working together. We better start the individual exchange is 10 months. Guess what. How about they get their finding a path forward to solve prob- How do you take someone with five insurance where our staff get our in- lems, real problems, not pretend prob- chronic conditions and manage them in surance or some among us get our in- lems but real problems in this country. a 10-month plan? You know what, you surance? That is objected to because it That way we will, in fact, enrich and don’t. So they hop from plan to plan, is some kind of Washington solution. enhance our democracy. Until we do costing more and more. What is ironic about that is that pro- that, we continue to struggle to get If you want to reduce costs, you have vision that made Senate staff in our credibility with the American public, to figure out how we can better treat home States get their health insurance and that is not, ladies and gentlemen the sickest among us. Until we do that, on the DC exchange came from Senator and Members of the Senate, a formula we will not achieve the common goal, GRASSLEY during the debate on the Pa- for success for our democracy. which is reducing and bending the tient Protection and Affordable Care With that, I yield the floor. costs of healthcare in this country. We Act, not a Democratic idea. It was a The PRESIDING OFFICER (Mr. cannot achieve that goal. When all we Republican idea and certainly some- TILLIS). The majority leader. are doing is saying: No, we don’t want thing that bears at least a discussion, f to pay, we are going to make the certainly something that ought to be States pay or we are going to make talked about here. LEGISLATIVE SESSION people on the individual exchange pay Let’s not pretend there has been an Mr. MCCONNELL. Mr. President, I or we are going to make people do what outreach to people on the Democratic move to proceed to legislative session. they have done before, which is not side. Today the Democratic leader of- The PRESIDING OFFICER. The have coverage and put them into un- fered to go to Blair House, offered to question is on agreeing to the motion. compensated care, that will not solve bring people together at Blair House, The motion was agreed to. the problem. have a sitdown on healthcare, offered We have some great examples here to go to the Senate—the Old Senate f for the immediate concern that we Chamber, no cameras, let’s talk about EXECUTIVE SESSION have about the premiums that are healthcare. What we get is: You are not going to be expressed. In some ways, serious. this reflects concerns about the in- I want you to know I am dead serious EXECUTIVE CALENDAR creased costs of healthcare and what is about sitting down and trying to fash- happening in that individual market, ion a healthcare plan that actually Mr. MCCONNELL. Mr. President, I but it is being driven by the failure to fixes the problems we have right now move to proceed to executive session to fulfill the statutory obligation—rein- in affordability of health insurance. consider the nomination of Executive surance, cost sharing. When someone says, well, you have Calendar No. 116, David Nye to be I do have to point out that I found it to accept tax breaks as part of that for United States district judge for the interesting that the objection to Sen- the richest Americans, think about District of Idaho. ator SHAHEEN’s bill was that, oh, we this: 400 Americans will get a tax break The PRESIDING OFFICER. The haven’t had time to take a look at it, under the Republican bill—400. Just 400 question is on agreeing to the motion. haven’t had time to even considering Americans will get a tax break under The motion was agreed to. this cost-sharing issue. Really? the Republican bill, equal to what it The PRESIDING OFFICER. The This is the last page of the Repub- would cost for Medicaid expansion in clerk will report the nomination. lican bill, page 145, stating in section four States. The senior assistant legislative clerk 208, ‘‘Funding for Cost-Sharing Pay- Make no mistake, this is not read the nomination of David C. Nye, ments.’’ I will give you, it is a different healthcare reform we are talking of Idaho, to be United States District schedule, different formula in the Sha- about. That bill is not healthcare re- Judge for the District of Idaho. heen bill, but this is not a new concept. form. It is entitlement reform in Med- CLOTURE MOTION If we wanted today to give the insur- icaid, shifting costs to States and pa- Mr. MCCONNELL. Mr. President, I ance industry the certainty they need- tients. It is tax reform, making sure send a cloture motion to the desk. ed that would make sure that the pre- the wealthiest among us get a tax The PRESIDING OFFICER. The clo- mium increases reflected not uncer- break. ture motion having been presented tainty but reflected actual costs, we If we want to talk about healthcare under rule XXII, the Chair directs the would do this: We would take up reform, if we want to talk about fixing clerk to read the motion.

VerDate Sep 11 2014 01:49 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.036 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3828 CONGRESSIONAL RECORD — SENATE June 28, 2017 The senior assistant legislative clerk Valley Forge under the command of ADDITIONAL STATEMENTS read as follows: General Washington and earned his dis- CLOTURE MOTION charge after 3 years in the Army. REMEMBERING JOSEPH CARTER We, the undersigned Senators, in accord- In the years after the war, Goff chose CORBIN ance with the provisions of rule XXII of the to make a home in Boone County, KY. ∑ Standing Rules of the Senate, do hereby He worked for General James Taylor V, Mr. BROWN. Mr. President, today I move to bring to a close debate on the nomi- wish to commemorate the life and leg- nation of David C. Nye, of Idaho, to be an American banker who was a quar- termaster general during the Revolu- acy of Joseph Carter Corbin, a re- United States District Judge for the District nowned African-American educator tion. Taylor was a founder of Newport, of Idaho. who left a legacy as a trailblazer and Mitch McConnell, Chuck Grassley, Deb KY, and he took a special interest in innovator that continues to open new Fischer, Steve Daines, Luther Strange, Goff. The two men knew each other for doors for students to this day. Bob Corker, Thom Tillis, Tom Cotton, over 40 years and developed a close Joseph Carter Corbin was born in Tim Scott, Johnny Isakson, Richard C. bond. Shelby, Michael B. Enzi, Richard Burr, Chillicothe, OH, in 1833 to former John Hoeven, David Perdue, Roy Blunt, John Sidebottom, of Prince William slaves, who raised their family as free Todd Young. County, VA, served for 1 year. In the people in Chillicothe and later in Cin- Mr. MCCONNELL. Mr. President, I course of his service, Sidebottom cinnati. Corbin’s family worked hard to ask unanimous consent that the man- fought in the Battle of Trenton in De- make sure he and his siblings had ac- datory quorum call with respect to the cember 1776, an historic battle in which cess what had been denied to them— cloture motion be waived. General Washington led the crossing of the right to an education along with The PRESIDING OFFICER. Without the Delaware River on Christmas night the opportunities it provides. objection, it is so ordered. to launch a surprise attack against a Corbin studied at Ohio University, f Hessian garrison. earning an undergraduate degree and two graduate degrees at a time when LEGISLATIVE SESSION Sidebottom settled in Clark County, KY. A man who knew him stated that African Americans had very limited ac- during the Trenton battle, Sidebottom cess to higher education. Corbin start- MORNING BUSINESS was one of the men who carried a ed his family in Cincinnati, working as a clerk for a municipal bank and co- wounded soldier from the battlefield to Mr. MCCONNELL. Mr. President, I editing a regular newsletter for African safety. That soldier was James Monroe, ask unanimous consent that the Sen- Americans in the Midwest. However, he the future President of the United ate be in a period of morning business, made it his life’s mission to expand ac- States, who survived the battle, in with Senators permitted to speak cess to higher education to African part, because of Sidebottom’s actions. therein for up to 10 minutes each. Americans. The PRESIDING OFFICER. Without George Burk enlisted in the Army in In 1871, Joseph Carter Corbin moved objection, it is so ordered. Shenandoah County, VA, in 1779. He to Arkansas where he blazed new trails f served for 2 years, traveling around the as the first African-American State su- region in several campaigns. During his TRIBUTE TO KENTUCKY’S AFRI- perintendent of public instruction. He time in the Army, he was tasked with CAN-AMERICAN REVOLUTIONARY went on to found, in 1875, the Branch WAR PATRIOTS guarding British prisoners at Albe- Normal College, which was the first in- marle Barracks and repelling the Brit- stitution of higher education for Afri- Mr. MCCONNELL. Mr. President, as ish and Native American attacks. Burk can-American students in the State. we prepare to celebrate our Independ- served under the command of General Corbin served as the school’s principal ence Day, one of the most pivotal mo- George Rogers Clark, who founded the and sole teacher for 7 years, before ments in the history of our Nation, I city of Louisville, KY. At the end of his Branch Normal College was designated rise today to remember one group of service, Burk was discharged in Louis- as an 1890 Land Grant Institution and Revolutionary War patriots who are ville, and he spent the rest of his life in later merged with the State university too often overlooked. I am speaking of the area. system to form University of Arkansas the African-American soldiers who at Pine Bluff in 1972. University of Ar- served in the American Revolution. In I would like to recognize the service and sacrifice of these Kentuckians in kansas at Pine Bluff continues to edu- particular, I would like to recognize cate students to this day. the service of men who fought for our the cause of American independence. We owe a large debt to all of our Na- We remember Joseph Carter Corbin independence and who would later be- for his lifetime of breaking down bar- come Kentuckians. tion’s veterans, and I am glad that we can remember these 11 patriots today. riers and improving access to higher In the 1770s and 1780s, African Ameri- education for African Americans and cans throughout the young Nation others who are left behind by our edu- f joined the Revolutionary War effort. cational system. Like so many other patriots, they vol- Today Joseph Carter Corbin will re- unteered to fight for American inde- REMEMBERING ALEX ceive an Ohio historical marker on the pendence. Many fought under the com- VILLAMAYOR campus of Ohio University Chillicothe, mand of some of the most notable Rev- commemorating his impact on Ohio Mr. VAN HOLLEN. Mr. President, I olutionary War heroes, including Gen- and his contribution to higher edu- want to extend my deepest condolences eral George Washington. cation of African Americans across the to the family of Alex Villamayor, I would like to focus on 11 soldiers Nation. I know that my Senate col- whose life was cut short 2 years ago in who, after enduring the pains of war leagues will join me in celebrating his Paraguay. Alex was a son, brother, and traveling across much of the new life and achievements, as well as ap- nephew, grandson, and friend. At just Nation, decided to make a new home plauding the actions by Ohio Univer- 16 years old, Alex taught us that we for themselves in the area that would sity to honor their distinguished alum- should not lead our lives with cynicism later join the Union as the Common- nus, Joseph Carter Corbin.∑ and hate, but with love and kindness. wealth of Kentucky. f I would like to tell the stories of a Even though Alex is no longer phys- few of these Kentuckians. I believe it is ically with us, he continues to shed REMEMBERING SERGEANT FIRST important to remember their service in light on the unjust and save lives CLASS MARVIN DALE HOLLINGS- the war. through his story. WORTH Daniel Goff joined the Army in Ches- I call upon the Government of Para- ∑ Mr. GRASSLEY. Mr. President, I terfield County, VA, in 1777. During his guay to do everything in its power to would like to take a moment to pay service, Goff marched from Virginia to guarantee an impartial, transparent, tribute to SFC Marvin Dale Hollings- New Jersey, where he fought in the and expeditious trial so that justice is worth who passed away on June 16. Battle of Monmouth. He camped at upheld for Alex and his family. Marvin was born January 9, 1925, in

VerDate Sep 11 2014 01:49 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JN6.038 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 28, 2017 CONGRESSIONAL RECORD — SENATE S3829 Cambridge, IA, and was raised in Cedar H.R. 497. An act to direct the Secretary of S. 579. A bill to require agencies to publish Rapids, IA. He enlisted in the Army in the Interior to convey certain Federal lands an advance notice of proposed rule making July 1943 and served nearly 20 years. in San Bernardino County, California, to the for major rules (Rept. No. 115–121). During his military service, Marvin San Bernardino Valley Water Conservation By Mr. HOEVEN, from the Committee on Indian Affairs, without amendment: Hollingsworth saw combat in World District, and to accept in return certain non- Federal lands, and for other purposes. S. 381. A bill to repeal the Act entitled ‘‘An War II and during the Korean war. He H.R. 1073. An act to authorize the Sec- Act to confer jurisdiction on the State of served overseas in France, Northern retary of the Interior to establish a struc- Iowa over offenses committed by or against Africa, Japan, Korea, Germany, and ture for visitor services on the Arlington Indians on the Sac and Fox Indian Reserva- the Marshall Islands and Kwajalein Is- Ridge tract, in the area of the U.S. Marine tion’’ (Rept. No. 115–122). lands, as well as being stationed in Corps War Memorial, and for other purposes. S. 691. A bill to extend Federal recognition many parts of the United States during H.R. 1135. An act to reauthorize the His- to the Chickahominy Indian Tribe, the his military career. torically Black Colleges and Universities Chickahominy Indian Tribe-Eastern Divi- Marvin was on Active Duty at the Historic Preservation program. sion, the Upper Mattaponi Tribe, the Rappa- H.R. 1967. An act to amend the Reclama- hannock Tribe, Inc., the Monacan Indian Na- Oklahoma Military Academy in tion, and the Nansemond Indian Tribe (Rept. Claremore as the top sergeant on the tion Project Act of 1939 to authorize pumped storage hydropower development utilizing No. 115–123). academy’s command staff. After his multiple Bureau of Reclamation reservoirs. f third year, he was recognized with an officer’s saber by the cadre, presented f EXECUTIVE REPORT OF upon his retirement. In 1966, he began MEASURES REFERRED COMMITTEE his 21-year civil service career in Cedar The following bills were read the first The following executive report of a Rapids with the 73rd Combat Field Hos- and the second times by unanimous nomination was submitted: pital Unit where he trained new re- consent, and referred as indicated: By Mr. MCCAIN for the Committee on cruits, mentored staff, and worked in Armed Services. administration. A 10-foot portrait of H.R. 497. An act to direct the Secretary of *Patrick M. Shanahan, of Washington, to the Interior to convey certain Federal lands be Deputy Secretary of Defense. him at that mobile medical Army unit in San Bernardino County, California, to the is displayed at the National Guard— San Bernardino Valley Water Conservation *Nomination was reported with rec- Army Reserve Center in Cedar Rapids. District, and to accept in return certain non- ommendation that it be confirmed sub- He received numerous accommodations Federal lands, and for other purposes; to the ject to the nominee’s commitment to for excellence in his career of service Committee on Energy and Natural Re- respond to requests to appear and tes- to his country, including the American sources. tify before any duly constituted com- Defense Service Medal, European-Afri- H.R. 1073. An act to authorize the Sec- mittee of the Senate. retary of the Interior to establish a struc- can-Middle Eastern Campaign Medal f with three Stars, World War II Victory ture for visitor services on the Arlington Ridge tract, in the area of the U.S. Marine Medal, United Nations Service Medal, INTRODUCTION OF BILLS AND Corps War Memorial, and for other purposes; JOINT RESOLUTIONS Korean Service Medal, and Good Con- to the Committee on Energy and Natural Re- duct Medal with Four Knots. sources. The following bills and joint resolu- As Americans, we owe our freedom to H.R. 1135. An act to reauthorize the His- tions were introduced, read the first generations of selfless patriots like torically Black Colleges and Universities and second times by unanimous con- Marvin Hollingsworth who have been Historic Preservation program; to the Com- sent, and referred as indicated: willing to risk life and limb in service mittee on Energy and Natural Resources. By Mr. ALEXANDER (for himself and H.R. 1967. An act to amend the Reclama- to their country. The fact that he con- Mr. MARKEY): tinued to serve his country throughout tion Project Act of 1939 to authorize pumped S. 1450. A bill to prohibit cell phone voice his life is inspirational. I am proud to storage hydropower development utilizing communications during passenger flights; to multiple Bureau of Reclamation reservoirs; be able to pay tribute to this son of the Committee on Commerce, Science, and to the Committee on Energy and Natural Re- Transportation. Iowa and great American, Marvin Hol- sources. lingsworth.∑ By Mrs. FISCHER: f S. 1451. A bill to facilitate and promote in- f novative approaches to railroad safety, and MEASURES PLACED ON THE TRIBUTE TO LILLI JASPER for other purposes; to the Committee on CALENDAR Commerce, Science, and Transportation. ∑ Mr. THUNE. Mr. President, today I The following bill was read the first By Mr. CRUZ (for himself, Mr. CORNYN, recognize the hard work of my Com- and second times by unanimous con- Mr. YOUNG, and Mr. RUBIO): merce, Science, and Transportation S. 1452. A bill to amend title 38, United sent, and placed on the calendar: Committee intern Lilli Jasper. Lilli States Code, to establish within the Office of hails from Sioux Falls, SD, and is a ris- H.R. 220. An act to authorize the expansion the Under Secretary for Health of the De- ing junior at South Dakota State Uni- of an existing hydroelectric project, and for partment of Veterans Affairs the position of other purposes. Chief Information Officer of the Veterans versity. f Health Administration, and for other pur- While interning on the Commerce poses; to the Committee on Veterans’ Af- Committee, Lilli assisted the Commu- MEASURES READ THE FIRST TIME fairs. nication, Technology, Innovation, and By Mr. DONNELLY (for himself and The following bill was read the first the Internet Subcommittee. She is a Ms. MURKOWSKI): dedicated worker who was committed time: S. 1453. A bill to allow the Secretary of to getting the most out of her intern- S. 1460. A bill to provide for the moderniza- Health and Human Services to designate cer- ship. I extend my sincere thanks and tion of the energy and natural resources tain substance use disorder treatment facili- policies of the United States, and for other ties as eligible for National Health Service appreciation to Lilli for all of the fine purposes. Corps service; to the Committee on Health, work she did for the committee and f Education, Labor, and Pensions. wish her continued success in the years By Mr. WHITEHOUSE (for himself, to come.∑ REPORTS OF COMMITTEES Mrs. FEINSTEIN, and Mr. GRASSLEY): f S. 1454. A bill to ensure that persons who The following reports of committees form corporations in the United States dis- MESSAGE FROM THE HOUSE were submitted: close the beneficial owners of those corpora- At 12:02 p.m., a message from the By Mr. JOHNSON, from the Committee on tions, in order to prevent the formation of House of Representatives, delivered by Homeland Security and Governmental Af- corporations with hidden owners, stop the Mr. Novotny, one of its reading clerks, fairs, with an amendment: misuse of United States corporations by S. 577. A bill to require each agency, in wrongdoers, and assist law enforcement in announced that the House has passed providing notice of a rule making, to include detecting, preventing, and punishing ter- the following bills, in which it requests a link to a 100 word plain language summary rorism, money laundering, tax evasion, and the concurrence of the Senate: of the proposed rule (Rept. No. 115–120). other criminal and civil misconduct involv- H.R. 220. An act to authorize the expansion By Mr. JOHNSON, from the Committee on ing United States corporations, and for other of an existing hydroelectric project, and for Homeland Security and Governmental Af- purposes; to the Committee on the Judici- other purposes. fairs, with amendments: ary.

VerDate Sep 11 2014 01:49 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JN6.021 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3830 CONGRESSIONAL RECORD — SENATE June 28, 2017 By Mr. FLAKE (for himself and Mr. By Mr. CASSIDY: Grown Flower Month’’; to the Committee on HEINRICH): S. 1465. A bill to terminate the prohibitions the Judiciary. S. 1455. A bill to amend the United States on the exportation and importation of nat- By Mrs. FEINSTEIN (for herself and Energy Storage Competitiveness Act of 2007 ural gas, and for other purposes; to the Com- Ms. HARRIS): to direct the Secretary of Energy to estab- mittee on Energy and Natural Resources. S. Res. 209. A resolution commemorating lish new goals for the Department of Energy By Mr. DURBIN (for himself and Mr. the 40th Anniversary of the Silicon Valley relating to energy storage and to carry out MURPHY): Leadership Group, the preeminent public certain demonstration projects relating to S. 1466. A bill to require the Secretary of policy trade association in Silicon Valley; to energy storage; to the Committee on Energy Defense to award grants to fund research on the Committee on the Judiciary. and Natural Resources. orthotics and prosthetics, and for other pur- f By Mr. STRANGE: poses; to the Committee on Armed Services. S. 1456. A bill to provide that human life By Mr. DURBIN (for himself, Mr. MUR- ADDITIONAL COSPONSORS shall be deemed to begin with fertilization; PHY, Mr. BLUMENTHAL, Ms. KLO- to the Committee on the Judiciary. S. 256 BUCHAR, Mr. COONS, Mr. FRANKEN, By Mr. FLAKE (for himself and Mr. Mr. NELSON, Mrs. FEINSTEIN, Ms. At the request of Ms. HEITKAMP, the BOOKER): DUCKWORTH, and Mr. PETERS): name of the Senator from Texas (Mr. S. 1457. A bill to amend the Energy Policy S. 1467. A bill to require the Secretary of Act of 2005 to direct the Secretary of Energy CORNYN) was added as a cosponsor of S. to carry out demonstration projects relating Veterans Affairs to award grants to estab- 256, a bill to establish the Stop, Ob- to advanced nuclear reactor technologies to lish, or expand upon, master’s degree pro- serve, Ask, and Respond to Health and support domestic energy needs; to the Com- grams in orthotics and prosthetics, and for Wellness Training pilot program to ad- other purposes; to the Committee on Vet- mittee on Energy and Natural Resources. dress human trafficking in the health By Mr. BOOKER (for himself and Mr. erans’ Affairs. By Ms. WARREN: care system. BLUMENTHAL): S. 1458. A bill to establish a grant program S. 1468. A bill to require reports on civilian S. 298 to incentivize States to reduce prison popu- casualties in connection with United States At the request of Mr. TESTER, the lations, and for other purposes; to the Com- military operations; to the Committee on name of the Senator from New Hamp- Armed Services. mittee on the Judiciary. shire (Mrs. SHAHEEN) was added as a co- By Mr. BLUNT (for himself, Mr. SCHU- By Mr. SCOTT (for himself and Mr. sponsor of S. 298, a bill to require Sen- GRAHAM): MER, Mr. ISAKSON, and Mr. CARDIN): S. 1459. A bill to establish Fort Sumter and S. 1469. A bill to amend the Internal Rev- ate candidates to file designations, Fort Moultrie National Park in the State of enue Code of 1986 to extend tax incentives to statements, and reports in electronic South Carolina, and for other purposes; to permanently extend the special expensing form. the Committee on Energy and Natural Re- rules for certain film, television, and live S. 528 theatrical productions, and for other pur- sources. At the request of Mr. TESTER, the poses; to the Committee on Finance. By Ms. MURKOWSKI (for herself and name of the Senator from Minnesota Ms. CANTWELL): By Ms. WARREN: S. 1460. A bill to provide for the moderniza- S. 1470. A bill to protect members of our (Ms. KLOBUCHAR) was added as a co- tion of the energy and natural resources Armed Forces from Russian and other for- sponsor of S. 528, a bill to amend the policies of the United States, and for other eign interference, and for other purposes; to Family and Medical Leave Act of 1993 purposes; read the first time. the Committee on Armed Services. to provide leave because of the death of By Mrs. ERNST: By Ms. WARREN: a son or daughter. S. 1461. A bill to amend title 10, United S. 1471. A bill to ensure the compliance of S. 681 States Code, to provide for the eligibility of Department of Defense regulations with Fed- certain former members of the Armed Forces eral consumer protection laws on the collec- At the request of Mr. TESTER, the who are medically retired and who are enti- tion of debt; to the Committee on Armed name of the Senator from Illinois (Ms. tled to hospital insurance benefits under Services. DUCKWORTH) was added as a cosponsor Medicare part A by reason of previous enti- f of S. 681, a bill to amend title 38, tlement to social security disability insur- United States Code, to improve the ance benefits to enroll in the TRICARE pro- SUBMISSION OF CONCURRENT AND benefits and services provided by the gram regardless of whether such members SENATE RESOLUTIONS decline enrollment under Medicare part B, Department of Veterans Affairs to and for other purposes; to the Committee on The following concurrent resolutions women veterans, and for other pur- Armed Services. and Senate resolutions were read, and poses. By Mrs. SHAHEEN (for herself, Mr. referred (or acted upon), as indicated: S. 705 BLUMENTHAL, Mr. CARPER, Ms. COR- By Mr. PETERS (for himself and Ms. At the request of Mr. HATCH, the TEZ MASTO, Ms. HASSAN, Mr. KAINE, STABENOW): Mr. MARKEY, Mr. KING, Mr. COONS, name of the Senator from New York S. Res. 204. A resolution honoring the 100th Mr. CARDIN, Ms. BALDWIN, Mr. LEAHY, (Mr. SCHUMER) was added as a cospon- anniversary of Selfridge Air National Guard Ms. HEITKAMP, Mr. WARNER, Mrs. sor of S. 705, a bill to amend the Na- Base in Harrison Township, Michigan; to the FEINSTEIN, Mr. REED, Mr. CASEY, Ms. tional Child Protection Act of 1993 to Committee on Armed Services. STABENOW, Mr. SCHUMER, Mr. UDALL, By Mr. PETERS (for himself and Ms. establish a national criminal history and Mr. VAN HOLLEN): STABENOW): background check system and criminal S. 1462. A bill to amend the Patient Protec- history review program for certain in- tion and Affordable Care Act to improve cost S. Res. 205. A resolution honoring the 100th sharing subsidies; to the Committee on anniversary of Fort Custer in Augusta, dividuals who, related to their employ- Health, Education, Labor, and Pensions. Michigan; to the Committee on Veterans’ Af- ment, have access to children, the el- By Mr. CRAPO (for himself, Mr. fairs. derly, or individuals with disabilities, BROWN, Ms. CORTEZ MASTO, Mr. COT- By Mr. JOHNSON: and for other purposes. S. Res. 206. A resolution urging the Sec- TON, Mr. MENENDEZ, Mr. PERDUE, Mr. S. 1024 ROUNDS, Mr. SCOTT, Mr. TESTER, Mr. retary of the Interior to recognize the cul- At the request of Mr. BLUMENTHAL, TILLIS, Mr. VAN HOLLEN, Mr. WAR- tural significance of Rib Mountain by adding NER, and Ms. WARREN): it to the National Register of Historic the name of the Senator from Ohio S. 1463. A bill to amend the Financial Sta- Places; to the Committee on Energy and (Mr. BROWN) was added as a cosponsor bility Act of 2010 to modify the term of the Natural Resources. of S. 1024, a bill to amend title 38, independent member of the Financial Sta- By Ms. STABENOW: United States Code, to reform the bility Oversight Council; to the Committee S. Res. 207. A resolution designating the rights and processes relating to appeals week of July 9 through July 15, 2017 as ‘‘Sar- on Banking, Housing, and Urban Affairs. of decisions regarding claims for bene- By Mrs. FEINSTEIN (for herself, Mr. coma Awareness Week’’ and designating July fits under the laws administered by the HELLER, Mr. BENNET, and Mr. GARD- 15, 2017 as ‘‘Leiomyosarcoma Awareness NER): Day’’; to the Committee on the Judiciary. Secretary of Veterans Affairs, and for S. 1464. A bill to amend the Internal Rev- By Mrs. FEINSTEIN (for herself and other purposes. enue Code of 1986 to expand the exclusion for Ms. MURKOWSKI): S. 1152 energy conservation subsidies provided by S. Res. 208. A resolution expressing the At the request of Mr. MERKLEY, the public utilities to include subsidies provided sense of the Senate that flowers grown in the by public utilities and State and local gov- United States support the farmers, small name of the Senator from Vermont ernments for water conservation and storm businesses, jobs, and economy of the United (Mr. SANDERS) was added as a cospon- water management; to the Committee on Fi- States, that flower farming is an honorable sor of S. 1152, a bill to create protec- nance. vocation, and designating July as ‘‘American tions for depository institutions that

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Mr. President, COLLINS) was added as a cosponsor of S. streamline the process by which active today Senators HELLER, BENNET, GARD- 1158, a bill to help prevent acts of geno- duty military, reservists, and veterans NER, and I are introducing the Water cide and other atrocity crimes, which receive commercial driver’s licenses. Conservation Tax Parity Act. This bill threaten national and international se- S. 1426 would exempt the value of residential curity, by enhancing United States At the request of Mr. THUNE, the water conservation and storm water Government capacities to prevent, name of the Senator from Kansas (Mr. runoff management rebates from gross mitigate, and respond to such crises. MORAN) was added as a cosponsor of S. income calculations. S. 1197 1426, a bill to amend the Ted Stevens California and the western States At the request of Mrs. GILLIBRAND, Olympic and Amateur Sports Act to have been facing a severe drought. the name of the Senator from Michigan expand the purposes of the corporation, Some public utilities, state and local (Ms. STABENOW) was added as a cospon- to designate the United States Center governments, and water management sor of S. 1197, a bill to waive the 24- for Safe Sport, and for other purposes. providers offer programs to promote water conservation and storm water month waiting period for Medicare eli- S. 1432 management by providing subsidies. gibility for individuals disabled by At the request of Mr. INHOFE, the These programs help stimulate respon- Huntington’s disease. name of the Senator from Minnesota sible water use; however, residential S. 1201 (Ms. KLOBUCHAR) was added as a co- participation is essential to their suc- At the request of Mrs. MCCASKILL, sponsor of S. 1432, a bill to prevent the cess. the name of the Senator from Maine Federal Aviation Administration’s Air- For example, the Metropolitan Water (Mr. KING) was added as a cosponsor of craft Registry Office from closing dur- District of Southern California has of- S. 1201, a bill to allow individuals liv- ing a Government shutdown. ing in areas without qualified health fered a rebate program to encourage S. 1441 plans offered through an Exchange to residents to replace turf with more At the request of Mr. SANDERS, the have similar access to health insurance water-responsible landscapes. More name of the Senator from Minnesota coverage as Members of Congress and than 23,000 households have benefited (Mr. FRANKEN) was added as a cospon- congressional staff. from the turf removal rebates, and the sor of S. 1441, a bill to provide funding average rebate per household covers S. 1312 for Federally Qualified Health Centers, At the request of Mr. GRASSLEY, the 1,500 square feet or about $3,000, which the National Health Service Corps, covers about half of the cost to the name of the Senator from Ohio (Mr. Teaching Health Centers, and the BROWN) was added as a cosponsor of S. resident. Nurse Practitioner Residency Training Section 136 of the Internal Revenue 1312, a bill to prioritize the fight program. against human trafficking in the Code already exempts energy conserva- S.J. RES. 5 United States. tion rebates from inclusion in gross in- At the request of Mr. CARDIN, the come. However, there is no Federal ex- S. 1318 name of the Senator from Washington emption for water conservation or At the request of Ms. BALDWIN, the (Ms. CANTWELL) was added as a cospon- storm water management measures, name of the Senator from Pennsyl- sor of S.J. Res. 5, a joint resolution re- which may undermine incentives for vania (Mr. CASEY) was added as a co- moving the deadline for the ratifica- participation in these programs. These sponsor of S. 1318, a bill to protect the tion of the equal rights amendment. programs are just as valuable as energy rights of passengers with disabilities in conservation programs and should be air transportation, and for other pur- S. CON. RES. 6 treated equally in the tax code. This poses. At the request of Mr. BARRASSO, the bill would simply exempt water con- S. 1320 name of the Senator from South Da- servation and storm water manage- At the request of Mr. INHOFE, the kota (Mr. ROUNDS) was added as a co- ment rebates from being included in name of the Senator from Minnesota sponsor of S. Con. Res. 6, a concurrent gross income and would be retroactive (Ms. KLOBUCHAR) was added as a co- resolution supporting the Local Radio to 2015. This would maintain the im- sponsor of S. 1320, a bill to reform ap- Freedom Act. portant incentives for resident partici- portionments to general aviation air- S. RES. 54 pation in critical water conservation ports under the airport improvement At the request of Mr. BLUMENTHAL, measures. the name of the Senator from New Jer- program, to improve project delivery This bill is supported by a coalition sey (Mr. BOOKER) was added as a co- at certain airports, and to designate of organizations and public utilities, sponsor of S. Res. 54, a resolution ex- certain airports as disaster relief air- including the Western Urban Water Co- pressing the unwavering commitment ports, and for other purposes. alition, Alliance for Water Efficiency, of the United States to the North At- S. 1323 American Water Works Association, lantic Treaty Organization. At the request of Mr. SULLIVAN, the National Association of Water Compa- name of the Senator from Maine (Mr. S. RES. 168 nies, U.S. Water Alliance, Association KING) was added as a cosponsor of S. At the request of Mr. CARDIN, the of Water Agencies, WaterNow Alliance, 1323, a bill to preserve United States name of the Senator from Illinois (Ms. Western Coalition of Arid States, and fishing heritage through a national DUCKWORTH) was added as a cosponsor National Water Resources Association. program dedicated to training and as- of S. Res. 168, a resolution supporting This bill is crucial to ensuring resi- sisting the next generation of commer- respect for human rights and encour- dents continue participating in water cial fishermen, and for other purposes. aging inclusive governance in Ethiopia. conservation and storm water manage- S. 1361 f ment programs. At the request of Mr. CRAPO, the Mr. President, I strongly urge my name of the Senator from Massachu- STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS colleagues to support this legislation setts (Ms. WARREN) was added as a co- and am hopeful that this Congress will sponsor of S. 1361, a bill to amend title By Mrs. FEINSTEIN (for herself, move it forward. XVIII of the Social Security Act to Mr. HELLER, Mr. BENNET, and Thank you. I yield the floor. allow physician assistants, nurse prac- Mr. GARDNER): titioners, and clinical nurse specialists S. 1464. A bill to amend the Internal By Mr. DURBIN (for himself and to supervise cardiac, intensive cardiac, Revenue Code of 1986 to expand the ex- Mr. MURPHY): and pulmonary rehabilitation pro- clusion for energy conservation sub- S. 1466. A bill to require the Sec- grams. sidies provided by public utilities to in- retary of Defense to award grants to

VerDate Sep 11 2014 01:49 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JN6.010 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3832 CONGRESSIONAL RECORD — SENATE June 28, 2017 fund research on orthotics and pros- (g) GRANT USE.—A person awarded a grant by the Department of Defense, including by thetics, and for other purposes; to the under subsection (b), (c), or (d) shall use the providing clinical rotations at such medical Committee on Armed Services. grant amount to carry out the research de- center, clinic, or facility. Mr. DURBIN. Mr. President, I ask scribed in the applicable subsection. (3) GRANT AMOUNTS.—Grants awarded unanimous consent that the text of the (h) REPORTS.—Not later than 180 days after under this section shall be in amounts of not the date of the enactment of this Act, and less than $1,000,000 and not more than bill be printed in the RECORD. not less frequently than annually thereafter, $1,500,000. There being no objection, the text of the Secretary of Defense shall, in consulta- (b) REQUESTS FOR PROPOSALS.— the bill was ordered to be printed in tion with the Secretary of Veterans Affairs, (1) IN GENERAL.—Not later than 90 days the RECORD, as follows: veterans, community-based clinicians, and after the date of the enactment of this Act, S. 1466 expert researchers in the field of orthotics and not less frequently than annually there- Be it enacted by the Senate and House of Rep- and prosthetics, submit to Congress a report after for two years, the Secretary shall issue resentatives of the United States of America in setting forth the following: a request for proposals from eligible institu- Congress assembled, (1) An agenda for orthotic and prosthetic tions for grants under this section. SECTION 1. SHORT TITLE. research that identifies and prioritizes the (2) PROPOSALS.—An eligible institution This Act may be cited as the ‘‘Wounded most significant unanswered orthotic and that seeks the award of a grant under this Warrior Research Enhancement Act’’. prosthetic research questions pertinent to section shall submit an application therefor to the Secretary at such time, in such man- SEC. 2. ORTHOTIC AND PROSTHETIC RESEARCH. the provision of evidence-based clinical care ner, and accompanied by such information as (a) PURPOSE.—The purpose of the grants to members of the Armed Forces, veterans, described in this section is to advance and civilians. the Secretary may require, including— orthotic and prosthetic clinical care for (2) For each report after the initial report (A) demonstration of a willingness and members of the Armed Forces, veterans, and under this subsection— ability to participate in a partnership de- civilians who have undergone amputation, (A) a summary of how the grants awarded scribed in subsection (a)(2); and traumatic brain injury, and other serious under subsection (b) are addressing the most (B) a commitment, and demonstration of physical injury as a result of combat or mili- significant orthotic and prosthetic needs; an ability, to maintain an accredited tary experience. and orthotics and prosthetics education program (b) GRANTS FOR RESEARCH ON PATIENT OUT- (B) the progress made towards resolving after the end of the grant period. (c) GRANT USES.— COMES.—The Secretary of Defense shall orthotic and prosthetic challenges facing (1) IN GENERAL.—An eligible institution award grants to persons to carry out re- members of the Armed Forces and veterans. awarded a grant under this section shall use search on the following: (i) VETERAN DEFINED.—In this section, the (1) The actions that can be taken to pre- term ‘‘veteran’’ has the meaning given that grant amounts to carry out any of the fol- vent amputation of limbs. term in section 101 of title 38, United States lowing: (A) Building new or expanding existing (2) The point in the course of patient treat- Code. orthotics and prosthetics master’s degree ment during which orthotic and prosthetic (j) AUTHORIZATION OF APPROPRIATIONS.— intervention is most effective. There is authorized to be appropriated for programs. (3) The orthotic interventions that are fiscal year 2018 for the Department of De- (B) Training doctoral candidates in fields most effective in treating the physical ef- fense for the Defense Health Program, related to orthotics and prosthetics to pre- pare them to instruct in orthotics and pros- fects of traumatic brain injury. $30,000,000 to carry out this section. (4) The patients that benefit most from thetics programs. particular orthotic and prosthetic tech- By Mr. DURBIN (for himself, Mr. (C) Training faculty in orthotics and pros- nologies. thetics education or related fields for the MURPHY, Mr. BLUMENTHAL, Ms. purpose of instruction in orthotics and pros- (5) The orthotic and prosthetic services KLOBUCHAR, Mr. COONS, Mr. that best facilitate the return to active duty thetics programs. FRANKEN, Mr. NELSON, Mrs. of members of the Armed Forces. (D) Salary supplementation for faculty in FEINSTEIN, Ms. DUCKWORTH, and (6) The effect of the aging process on the orthotics and prosthetics education. use of prosthetics, including— Mr. PETERS): (E) Financial aid that allows eligible insti- (A) increased skin breakdown; S. 1467. A bill to require the Sec- tutions to admit additional students to (B) loss of balance; retary of Veterans Affairs to award study orthotics and prosthetics. (C) falls; and grants to establish, or expand upon, (F) Funding faculty research projects or (D) other issues that arise during the aging master’s degree programs in orthotics faculty time to undertake research in the areas of orthotics and prosthetics for the process. and prosthetics, and for other purposes; (c) GRANTS ON MATERIALS RESEARCH.—The purpose of furthering their teaching abili- to the Committee on Veterans’ Affairs. ties. Secretary shall award grants to persons to Mr. DURBIN. Mr. President, I ask carry out research on the following: (G) Renovation of buildings or minor con- (1) The improvement of existing materials unanimous consent that the text of the struction to house orthotics and prosthetics used in orthotics and prosthetics for the pur- bill be printed in the RECORD. education programs. pose of improving quality of life and health There being no objection, the text of (H) Purchasing equipment for orthotics outcomes for individuals with limb loss. the bill was ordered to be printed in and prosthetics education. (2) The development of new materials used the RECORD, as follows: (2) LIMITATION ON CONSTRUCTION.—An eligi- ble institution awarded a grant under this in orthotics and prosthetics for the purpose S. 1467 of improving quality of life and health out- section may use not more than 50 percent of Be it enacted by the Senate and House of Rep- comes for individuals with limb loss. the grant amount to carry out paragraph resentatives of the United States of America in (d) GRANTS ON TECHNOLOGY RESEARCH.— (1)(G). The Secretary shall award grants to persons Congress assembled, (3) ADMISSIONS PREFERENCE.—An eligible to carry out research on the following: SECTION 1. SHORT TITLE. institution awarded a grant under this sec- (1) The improvement of existing orthotic This Act may be cited as the ‘‘Wounded tion shall give preference in admission to the and prosthetic technology and devices for Warrior Workforce Enhancement Act’’. orthotics and prosthetics master’s degree the purpose of improving quality of life and SEC. 2. ORTHOTICS AND PROSTHETICS EDU- programs to veterans, to the extent prac- health outcomes for individuals with limb CATION IMPROVEMENT. ticable. loss. (a) GRANTS REQUIRED.— (4) PERIOD OF USE OF FUNDS.—An eligible (2) The development of new orthotic and (1) IN GENERAL.—The Secretary of Veterans institution awarded a grant under this sec- prosthetic technology and devices for the Affairs shall award grants to eligible institu- tion may use the grant amount for a period purpose of improving quality of life and tions to enable the eligible institutions— of three years after the award of the grant. health outcomes for individuals with limb (A) to establish a master’s degree program (d) DEFINITIONS.—In this section: loss. in orthotics and prosthetics; or (1) The term ‘‘eligible institution’’ means (e) REQUEST FOR PROPOSALS.—A person (B) to expand upon an existing master’s de- an educational institution that offers an seeking the award of a grant under this sec- gree program in orthotics and prosthetics, orthotics and prosthetics education program tion shall submit to the Secretary an appli- including by admitting more students, fur- that— cation therefor in the form and accompanied ther training faculty, expanding facilities, or (A) is accredited by the National Commis- by such information as the Secretary shall increasing cooperation with the Department sion on Orthotic and Prosthetic Education in require. of Veterans Affairs and the Department of cooperation with the Commission on Accred- (f) AWARD REQUIREMENTS.— Defense. itation of Allied Health Education Programs; (1) PEER-REVIEWED PROPOSALS.—Grants (2) PRIORITY.—The Secretary shall give pri- or under this section may be awarded only for ority in the award of grants under this sec- (B) demonstrates an ability to meet the ac- research that is peer-reviewed. tion to eligible institutions that have en- creditation requirements for orthotic and (2) COMPETITIVE PROCEDURES.—Grants tered into a partnership with a medical cen- prosthetic education from the National Com- under this section shall be awarded through ter or clinic administered by the Department mission on Orthotic and Prosthetic Edu- competitive procedures. of Veterans Affairs or a facility administered cation in cooperation with the Commission

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on Accreditation of Allied Health Education (d) DEFINITIONS.—In this section: resenting every branch of the Armed Forces, Programs if the institution receives a grant (1) The term ‘‘eligible institution’’ means the Coast Guard, and representing members under this section. an educational institution that— of the Armed Forces serving on active duty, (2) The term ‘‘veteran’’ has the meaning (A) has a robust research program; in a reserve component, or in the National given that term in section 101 of title 38, (B) offers an orthotics and prosthetics edu- Guard; United States Code. cation program that is accredited by the Na- Whereas Selfridge Air National Guard Base (e) AUTHORIZATION OF APPROPRIATIONS.— tional Commission on Orthotic and Pros- is the home to the KC-135 Stratotanker and (1) IN GENERAL.—There is authorized to be thetic Education in cooperation with the the A-10 Thunderbolt II; and appropriated for fiscal year 2018 for the De- Commission on Accreditation of Allied Whereas, as of the date of agreement to partment of Veterans Affairs, $15,000,000 to Health Education Programs; this resolution, Selfridge Air National Guard carry out this section. The amount so au- (C) is well recognized in the field of Base is being considered to host the F-35 thorized to be appropriated shall remain orthotics and prosthetics education; and Lightning II, the Air Force’s newest fifth- available for obligation until September 30, (D) has an established association with— generation fighter: Now, therefore, be it 2020. (i) a medical center or clinic of the Depart- Resolved, That the Senate— (2) UNOBLIGATED AMOUNTS TO BE RETURNED ment of Veterans Affairs; and (1) honors Selfridge Air National Guard TO THE TREASURY.—Any amounts authorized (ii) a local rehabilitation hospital. Base in Harrison Township, Michigan, on its to be appropriated by paragraph (1) that are (2) The term ‘‘veteran’’ has the meaning 100th anniversary; and not obligated by the Secretary as of Sep- given that term in section 101 of title 38, (2) commends the thousands of men and tember 30, 2020, shall be returned to the United States Code. women who have worked and trained at Treasury of the United States. (e) AUTHORIZATION OF APPROPRIATIONS.— Selfridge Air National Guard Base. SEC. 3. CENTER OF EXCELLENCE IN ORTHOTIC There is authorized to be appropriated for AND PROSTHETIC EDUCATION. fiscal year 2018 for the Department of Vet- f (a) GRANT FOR ESTABLISHMENT OF CEN- erans Affairs, $5,000,000 to carry out this sec- TER.— tion. SENATE RESOLUTION 205—HON- (1) IN GENERAL.—The Secretary of Veterans ORING THE 100TH ANNIVERSARY f Affairs shall award a grant to an eligible in- OF FORT CUSTER IN AUGUSTA, stitution to enable the eligible institution— SUBMITTED RESOLUTIONS MICHIGAN (A) to establish the Center of Excellence in Orthotic and Prosthetic Education (in this Mr. PETERS (for himself and Ms. section referred to as the ‘‘Center’’); and SENATE RESOLUTION 204—HON- STABENOW) submitted the following (B) to enable the eligible institution to im- ORING THE 100TH ANNIVERSARY resolution; which was referred to the prove orthotic and prosthetic outcomes for OF SELFRIDGE AIR NATIONAL Committee on Veterans’ Affairs: veterans, members of the Armed Forces, and S. RES. 205 civilians by conducting evidence-based re- GUARD BASE IN HARRISON search on— TOWNSHIP, MICHIGAN Whereas 2017 marks the 100th anniversary (i) the knowledge, skills, and training most Mr. PETERS (for himself and Ms. of a military installation operating in Au- needed by clinical professionals in the field STABENOW) submitted the following gusta, Michigan; of orthotics and prosthetics; and resolution; which was referred to the Whereas Fort Custer is named after Major General George Armstrong Custer, a native (ii) how to most effectively prepare clinical Committee on Armed Services: professionals to provide effective, high-qual- of Monroe, Michigan, and a prominent Civil S. RES. 204 ity orthotic and prosthetic care. War cavalry commander; (2) PRIORITY.—The Secretary shall give pri- Whereas 2017 marks the 100th anniversary Whereas the United States Army pur- ority in the award of a grant under this sec- of a military installation operating in Har- chased 130 parcels of Michigan farmland to tion to an eligible institution that has in rison Township, Michigan; begin constructing Camp Custer in 1917; force, or demonstrates the willingness and Whereas Selfridge Air National Guard Base Whereas more than 100,000 soldiers from ability to enter into, a memoranda of under- is named after Army 1st Lieutenant Thomas Michigan and Wisconsin trained at Camp standing with the Department of Veterans E. Selfridge, who saw the potential of pow- Custer before serving in Europe during World Affairs, the Department of Defense, or other ered flight; War I as part of the American Expeditionary appropriate Federal agency, or a cooperative Whereas Lieutenant Selfridge became the Forces; agreement with an appropriate private sec- first casualty of flight when he was killed Whereas Camp Custer became the district tor entity, which memorandum of under- during a demonstration flight with Orville headquarters of the Civilian Conservation standing or cooperative agreement provides Wright in 1908; Corps for Michigan’s Lower Peninsula during for either, or both, of the following: Whereas the Army commissioned Selfridge the Great Depression; (A) The provision of resources, whether in Field on July 1, 1917, and the first flight oc- Whereas Congress officially designated cash or in kind, to the Center. curred on July 8, 1917; Camp Custer as Fort Custer on August 17, (B) Assistance to the Center in conducting Whereas, on June 27, 1919, Selfridge Field 1940, recognizing it as a permanent military research and disseminating the results of became the home of the 1st Pursuit Group, training base; such research. the oldest combat group in the Air Force; Whereas, in preparation for World War II (3) GRANT AMOUNT.—The grant awarded Whereas, on October 14, 1922, 1st Lieuten- engagement, Fort Custer expanded to 16,000 under this section shall be in the amount of ant Russell Maughan flew the first aircraft acres with accommodations for nearly 1,300 $5,000,000. to exceed 200 miles per hour at Selfridge officers and more than 27,500 troops; (b) REQUESTS FOR PROPOSALS.— Field; Whereas more than 300,000 troops were (1) IN GENERAL.—Not later than 90 days Whereas the 332d Fighter Group of the trained at Fort Custer throughout World after the date of the enactment of this Act, Tuskegee Airmen moved to Selfridge Field War II, including the 5th Infantry ‘‘Red Dia- the Secretary shall issue a request for pro- on March 29, 1943, and Colonel Benjamin O. mond’’ Division that left for combat in Nor- posals from eligible institutions for the Davis became its first African-American mandy, France, in June 1944; grant under this section. commander on October 8, 1943; Whereas Fort Custer served as a prisoner (2) PROPOSALS.—An eligible institution Whereas, on July 20, 1948, the first trans- of war camp for approximately 5,000 German that seeks the award of the grant under this atlantic flight by a fighter aircraft launched soldiers during World War II; section shall submit an application therefor from Selfridge Field headed to Berlin during Whereas approximately 17,000 troops were to the Secretary at such time, in such man- the Berlin Airlift; trained at Fort Custer during the Korean ner, and accompanied by such information as Whereas, on July 1, 1971, Selfridge Field War in the 1950s; the Secretary may require. was transferred to the Michigan Air National Whereas the United States Air Force es- (c) GRANT USES.— Guard, becoming the first major active Air tablished the Custer Air Force Station in (1) IN GENERAL.—The eligible institution Force base to come under control of the Air 1956, which served as part of the North Amer- awarded the grant under this section shall National Guard; ican Air Defense System for a decade begin- use the grant amount as follows: Whereas, in 1991, Selfridge Air National ning in 1959; (A) To develop an agenda for orthotics and Guard Base founded the first STARBASE Whereas Fort Custer offered free education prosthetics education research. program, a Department of Defense program and vocational training to youth between (B) To fund research in the area of for students in kindergarten through 12th the ages of 16 and 24 as a Jobs Corps Training orthotics and prosthetics education. grade that provides math and science edu- Center from 1965 to 1967; (C) To publish or otherwise disseminate re- cation; Whereas the 770-acre Fort Custer National search findings relating to orthotics and Whereas the 127th Wing of the Michigan Military Cemetery, established in 1981, hon- prosthetics education. Air National Guard was established at ors thousands of the brave men and women (2) PERIOD OF USE OF FUNDS.—The eligible Selfridge Air National Guard Base on April 1, who served the United States; and institution awarded the grant under this sec- 1996; Whereas Fort Custer continues to serve as tion may use the grant amount for a period Whereas Selfridge Air National Guard Base a state-of-the-art training facility for the of five years after the award of the grant. is the host to at least 40 tenant units rep- Michigan National Guard and other branches

VerDate Sep 11 2014 01:49 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JN6.015 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3834 CONGRESSIONAL RECORD — SENATE June 28, 2017 of the Armed Forces, including Reserve Offi- SENATE RESOLUTION 207—DESIG- SENATE RESOLUTION 208—EX- cers’ Training Corps students: Now, there- NATING THE WEEK OF JULY 9 PRESSING THE SENSE OF THE fore, be it THROUGH JULY 15, 2017 AS ‘‘SAR- SENATE THAT FLOWERS GROWN Resolved, That the Senate— COMA AWARENESS WEEK’’ AND IN THE UNITED STATES SUP- (1) honors Fort Custer in Augusta, Michi- DESIGNATING JULY 15, 2017 AS PORT THE FARMERS, SMALL gan, on its 100th anniversary; ‘‘LEIOMYOSARCOMA AWARENESS BUSINESSES, JOBS, AND ECON- (2) commends the thousands of men and DAY’’ OMY OF THE UNITED STATES, women who have worked and trained at Fort THAT FLOWER FARMING IS AN Custer; and Ms. STABENOW submitted the fol- HONORABLE VOCATION, AND (3) commemorates the tens of thousands of lowing resolution; which was referred DESIGNATING JULY AS ‘‘AMER- members of the Armed Forces and their fam- ICAN GROWN FLOWER MONTH’’ ilies memorialized at Fort Custer National to the Committee on the Judiciary: Cemetery. S. RES. 207 Mrs. FEINSTEIN (for herself and Ms. Whereas a soft tissue sarcoma is a rare MURKOWSKI) submitted the following f type of cancer, accounting for approximately resolution; which was referred to the 1 percent of all newly diagnosed cancers, Committee on the Judiciary: that arises in the connective tissue of the SENATE RESOLUTION 206—URGING S. RES. 208 body; THE SECRETARY OF THE INTE- Whereas cut flower growers in the United Whereas the National Institutes of Health RIOR TO RECOGNIZE THE CUL- States are hard-working, dedicated individ- designates sarcoma as a rare form of cancer, TURAL SIGNIFICANCE OF RIB uals who bring beauty, economic stimulus, with sarcoma containing approximately 70 and pride to their communities and the na- MOUNTAIN BY ADDING IT TO different subtypes; THE NATIONAL REGISTER OF tion; Whereas sarcomas are largely resistant to Whereas the people of the United States HISTORIC PLACES current chemotherapy agents, have a long history of using flowers and immunotherapy agents, and radiation thera- Mr. JOHNSON submitted the fol- greens grown in the United States to bring pies, posing a formidable challenge for re- beauty to important events and express af- lowing resolution; which was referred searchers and specialists; fection for loved ones; to the Committee on Energy and Nat- Whereas sarcoma subtypes have largely Whereas consumers spend almost ural Resources: not received benefit from immunotherapies $27,000,000,000 each year on floral products, due to the complexity of the DNA, genomes, including cut flowers, garden plants, bed- S. RES. 206 and mutations associated with the many ding, and indoor plants; Whereas Paul Bunyan is a larger-than-life variations in the sarcoma subtype landscape; Whereas nearly 30 percent of households in folk hero who embodies the frontier spirit, Whereas leiomyosarcoma (referred to in the United States purchase fresh cut flowers might, the willingness to work hard, and the this preamble as ‘‘LMS’’) is a malignant, ag- and greens from more than 16,000 florists and resolve to overcome all obstacles; gressive subtype of soft tissue sarcoma de- floral establishments each year; Whereas reliable documentation estab- rived from smooth muscle cells typically of Whereas the people of the United States in- lishes that the earliest story about Paul uterine, gastrointestinal or soft tissue ori- creasingly want to support domestically pro- Bunyan was told north of Tomahawk, Wis- gin, and can metastasize to the bone, spine, duced foods and agricultural products and would prefer to buy locally grown flowers consin; brain, and liver; whenever possible, yet a majority of domes- Whereas this evidence suggests that Wis- Whereas the National Institutes of Health tic consumers do not know where the flowers consin’s claim that it is the birthplace of classifies LMS as a rare disease, accounting they purchase are grown; Paul Bunyan is superior to claims from for approximately 15 percent of all sarcomas, Whereas in response to increased demand, other States; and LMS itself encompasses at least 4 dif- the ‘‘Certified American Grown Flowers’’ Whereas Paul Bunyan has been the subject ferent LMS subtypes; logo was created in July 2014 in order to edu- of countless literary compositions, musical Whereas LMS primarily affects adults cate and empower consumers to purchase pieces, commercial works, and theatrical without regard to gender; flowers from domestic producers; productions; Whereas research and clinical trials for Whereas as of April 2017, millions of stems Whereas local legend states that the ‘‘ribs’’ LMS remain complicated and the prospects of domestically grown flowers are now ‘‘Cer- in Rib Mountain, Wisconsin, denote that the for long-term survival remain poor; tified American Grown’’; mountain is the burial site of Paul Bunyan; Whereas multidisciplinary care coordina- Whereas domestic flower farmers produce Whereas Rib Mountain is nearly 4 miles tion teams, because of their expertise and ex- thousands of varieties of flowers across the long and peaks at 1,924 feet above sea level perience, are critical to the health of sar- United States, such as peonies in Alaska, and 670 feet above the local terrain, making coma and LMS patients; Gerbera daisies in California, lupines in it the highest natural feature in North Cen- Whereas sarcoma and LMS research will Maine, tulips in Washington, lilies in Or- tral Wisconsin and one of the highest points allow medical professionals to improve the egon, and larkspur in Texas; in the entire State of Wisconsin; quality of care for affected patients, lead to Whereas the 5 flower varieties with the Whereas Rib Mountain is home to the better clinical outcomes, and promote longer highest United States production are tulips, Granite Peak Ski Area, one of the first ski survival for patients; and Gerbera daisies, lilies, gladiolas and irises; Whereas people in every State have access areas in North America, where thousands of Whereas increased education and aware- to domestically grown flowers, yet only 1 of visitors come annually to ski or snowboard; ness about sarcoma and LMS will contribute 5 flowers sold in the United States is domes- Whereas Rib Mountain State Park, situ- to the well-being of the communities of the tically grown; ated on Rib Mountain, is over 1,500 acres and United States: Now, therefore, be it Whereas the domestic cut flower industry boasts a well-maintained network of hiking Resolved, That the Senate— creates almost $42,000,000 in economic impact and nature trails with breathtaking views; (1) designates the week of July 9 through daily and supports hundreds of growers, and July 15, 2017, as ‘‘Sarcoma Awareness Week’’; thousands of small businesses, and tens of Whereas Rib Mountain State Park attracts (2) designates July 15, 2017, as thousands of jobs in the United States; visitors from the local community as well as ‘‘Leiomyosarcoma Awareness Day’’; Whereas more people in the United States from across the State and the country: Now, (3) recognizes the challenges faced by sar- are expressing interest in growing flowers lo- therefore, be it coma and leiomyosarcoma patients; and cally, which has resulted in an approxi- Resolved, That the Senate— (4) commends the dedication of organiza- mately 20 percent increase in the number of (1) affirms the importance of Rib Mountain tions, volunteers, researchers, and caregivers domestic cut flower farms between 2007 and 2012; to the culture and economy of Wisconsin; across the country working to improve the Whereas most domestic cut flowers and (2) recognizes the legend of Paul Bunyan as quality of life of sarcoma and greens are sold in the United States within the embodiment of the frontier spirit; and leiomyosarcoma patients and their families. 24 to 48 hours after harvest and last longer (3) requests that the Secretary of the Inte- than flowers shipped longer distances; rior recognize the legendary burial site of Whereas flowers grown domestically en- Paul Bunyan by adding Rib Mountain to the hance the ability of the people of the United National Register of Historic Places. States to festively celebrate weddings and births, and honor those who have passed; Whereas flower-giving has been a holiday tradition in the United States for genera- tions;

VerDate Sep 11 2014 01:49 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JN6.017 S28JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 28, 2017 CONGRESSIONAL RECORD — SENATE S3835 Whereas flowers speak to the beauty of Silicon Valley, Healthier Kids Foundation Tuesday, June 27, 2017. motherhood on Mother’s Day; and to the Santa Clara County, Christmas in the Park Five requests for committees to meet for spirit of love on Valentine’s Day; in San Jose, and many other organizations the following committees: Whereas flowers are an essential part of that help improve the quality of life in the Committee on Armed Services other holidays such as Thanksgiving, Christ- Silicon Valley region: Now, therefore, be it Committee on the Judiciary mas, Hanukkah, and Kwanzaa; Resolved, That the Senate— Subcommittee on Emerging Treats and Ca- Whereas flowers help commemorate the (1) recognizes the significant contributions pabilities Subcommittee on Personnel service and sacrifice of our Armed Forces on of the Silicon Valley Leadership Group and Subcommittee on Oceans, Atmosphere, Memorial Day and Veterans Day; and the members of the Silicon Valley Leader- Fisheries, and Coast Guard Whereas the Senate encourages the cul- ship Group to the economic health of and Wednesday, June 28, 2017. tivation of flowers in the United States by quality of life in Silicon Valley; and Nine requests for committees to meet for domestic flower farmers: Now, therefore, be (2) commemorates the 40th anniversary of the following committees: it the Silicon Valley Leadership Group. Committee on Armed Services Resolved, That the Senate— Mrs. FEINSTEIN. Mr. President, I Committee on Commerce, Science, and (1) designates July 2017 as ‘‘American rise today to recognize the 40th anni- Transportation Grown Flower Month’’; Committee on Foreign Relations (2) recognizes that purchasing flowers versary of the founding of the Silicon Committee on Homeland Security and grown in the United States supports the Valley Leadership Group. Governmental Affairs farmers, small businesses, jobs, and economy Founded by David Packard in 1978, Committee on the Judiciary the Leadership Group has worked tire- Committee on Veterans’ Affairs of the United States; Committee on Intelligence (3) recognizes that growing flowers and lessly to improve the economic health greens in the United States is a vital part of and quality of life in Silicon Valley. I f the agricultural industry of the United have had the pleasure of working close- APPOINTMENTS States; ly with the Silicon Valley Leadership (4) recognizes that cultivating flowers do- The PRESIDING OFFICER. The mestically enhances the ability of the people Group—and its Chief Executive Officer Chair, on behalf of the Vice President, of the United States to festively celebrate Carl Guardino—on many issues impor- pursuant to Section 1295b(h) of title 46 holidays and special occasions; and tant to the San Francisco Bay Area. App., United States Code, appoints the (5) urges all people of the United States to For instance, the Leadership Group following Senators to the Board of proactively showcase flowers and greens has been an indispensable partner in ef- Visitors of the U.S. Merchant Marine grown in the United States in order to show forts to restore the San Francisco Bay Academy: the Honorable JOHN THUNE support for our flower farmers, processors, and its critical wetlands. Just last of South Dakota (ex officio as Chair- and distributors as well as agriculture in the year, they helped secure $500 million United States overall. man, Committee on Commerce, for those restoration efforts. The Lead- Science and Transportation) and the f ership Group was integral in estab- Honorable DEB FISCHER of Nebraska SENATE RESOLUTION 209—COM- lishing a permanent U.S. Patent and (Committee on Commerce, Science and MEMORATING THE 40TH ANNI- Trademark office in San Jose. That of- Transportation). VERSARY OF THE SILICON VAL- fice now supports the creativity and in- The Chair, on behalf of the Vice LEY LEADERSHIP GROUP, THE novation that made Silicon Valley the President, pursuant to 10 U.S.C. 4355(a), PREEMINENT PUBLIC POLICY global leader of the digital revolution. appoints the following Senator to the TRADE ASSOCIATION IN SILICON Most recently, the Leadership Group Board of Visitors of the U. S. Military VALLEY was a driving force in developing trans- Academy: the Honorable JERRY MORAN portation improvements in Silicon Val- of Kansas (Designated by the Chairman Mrs. FEINSTEIN (for herself and Ms. ley—including the electrification of of the Committee on Armed Services). HARRIS) submitted the following reso- the Caltrain system that will cut trav- The Chair, on behalf of the majority lution; which was referred to the Com- el times and improve air quality for leader, pursuant to the provisions of mittee on the Judiciary: countless Californians. Public Law 114–323, appoints the fol- S. RES. 209 Mr. President, I urge my colleagues lowing individual to serve as a member Whereas the Silicon Valley Leadership to join me in supporting this resolution of the Western Hemisphere Drug Policy Group (referred to in this preamble as the to recognize the Silicon Valley Leader- Commission: John Walters of the Dis- ‘‘Leadership Group’’), founded by David ship Group and its contributions to Sil- trict of Columbia. Packard in 1978, advocates on behalf of Sil- icon Valley, the state of California and f icon Valley employers in the interest of im- proving the economic health of and quality our national economy. MEASURE READ THE FIRST of life in Silicon Valley; Thank you. TIME—S. 1460 Whereas the Leadership Group represents f nearly 400 member companies that con- Mr. MCCONNELL. Mr. President, I stitute 1 in 3 private sector jobs in Silicon REQUESTS FOR AUTHORITY FOR understand there is a bill at the desk, Valley; COMMITTEES TO MEET and I ask for its first reading. Whereas the Leadership Group was inte- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The gral in establishing a permanent regional of- have nine requests for committees to clerk will read the bill by title for the fice of the United States Patent and Trade- meet during today’s session of the Sen- first time. mark Office in Silicon Valley, facilitating The senior assistant legislative clerk creativity, innovation, and efficiency for ate. They do not have the approval of the Democratic leader for the seventh read as follows: local companies and creating new economic A bill (S. 1460) to provide for the mod- and employment opportunities; consecutive legislative day, therefore, they will not be permitted to meet ernization of the energy and natural re- Whereas the Leadership Group was a cru- sources policies of the United States, and for cial partner in promoting the restoration of after 2 p.m. I ask unanimous consent other purposes. the San Francisco Bay and restoring wildlife that the list of committees requesting Mr. MCCONNELL. I now ask for a habitat by reducing toxins and pollutants, authority to meet be printed in the improving water quality, and protecting second reading and, in order to place RECORD for today’s session and the pre- communities from floods; the bill on the calendar under the pro- vious 2 days. Whereas the Leadership Group has been visions of rule XIV, I object to my own There being no objection, the mate- vital in the development of transportation request. improvements, including helping secure rial was ordered to be printed in the The PRESIDING OFFICER. Objec- funding for the electrification of Caltrain, RECORD, as follows: tion is heard. which will replace diesel trains with high- Monday, June 26, 2017. The bill will be read for the second performance electric trains, nearly doubling Five requests for committees to meet for time on the next legislative day. ridership, reducing travel times, cutting the following committees: emissions, and creating 9,600 additional em- Subcommittee on Airland f ployment opportunities across the United Subcommittee on Cybersecurity ORDERS FOR THURSDAY, JUNE 29, States; and Subcommittee on Readiness and Manage- 2017 Whereas the Leadership Group has sup- ment Support ported and contributed to organizations such Subcommittee on Seapower Mr. MCCONNELL. Mr. President, I as Second Harvest Food Bank, Housing Trust Subcommittee on Strategic Forces ask unanimous consent that when the

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HONORING CAPTAIN DAVID HONORING THE NEWTOWN BEE YEA on Roll Call No. 314; NAY on Roll Call LEMIRE AS THE 2016 MARQUETTE No. 315; NAY on Roll Call No. 316; NAY on POLICE OFFICER OF THE YEAR HON. ELIZABETH H. ESTY Roll Call No. 317; YEA on Roll Call No. 318; OF CONNECTICUT NAY on Roll Call No. 319; YEA on Roll Call No. 320; NAY on Roll Call No. 321; YEA on HON. JACK BERGMAN IN THE HOUSE OF REPRESENTATIVES Roll Call No. 322. OF MICHIGAN Wednesday, June 28, 2017 f IN THE HOUSE OF REPRESENTATIVES Ms. ESTY of Connecticut. Mr. Speaker, I THE UNITED STATES MUST NOT Wednesday, June 28, 2017 rise today to honor The Newtown Bee, a weekly paper based in Newtown, Connecticut, ABANDON THE PEOPLE OF TIBET Mr. BERGMAN. Mr. Speaker, it’s my honor upon the 140th Anniversary of its first publica- to recognize Captain David Lemire as the tion. For well over a century, The Newtown HON. BETTY McCOLLUM 2016 Marquette Police Officer of the Year. Bee has chronicled the town’s history and in- OF MINNESOTA The Marquette Police Officer of the Year formed the Newtown community. IN THE HOUSE OF REPRESENTATIVES Award is presented annually to a well-rounded The Newtown Bee was first published on Wednesday, June 28, 2017 law enforcement officer who has excelled in June 28, 1877, and was initially led by editor the line of duty by demonstrating a distinct John Pearce. Brothers Reuben and Allison Ms. MCCOLLUM. Mr. Speaker, the people pattern of community service and professional Smith purchased the paper in 1881, and their of Tibet are living under China’s repressive achievement. leadership brought the paper increased promi- rule and their culture, religion, and way of life Captain Lemire was born and raised in Mar- nence. Successive generations of the Smith is at risk of being extinguished. The human quette, where, after serving for a decade in family have been committed to The Newtown rights abuses and constant repression on Ti- the U.S. Army, he returned to give back to his Bee’s success and have ensured the paper’s betans perpetrated by China are intolerable community. For 25 years, David served the weekly publication, totaling over 7,000 issues. and must be resisted by the United States and citizens of Marquette with distinction, honesty, Despite changes in journalism, The Newtown this Congress. Religious freedom and the and a willingness to take responsibility. Honor Bee has remained a relevant part of the New- preservation of Tibetan cultural and linguistic is David’s defining characteristic, and he un- town community, while keeping its historic traditions are essential to a new generation of dertakes every endeavor with discipline and charm. It is still published as a traditional eight Tibetans, both inside Tibet and in exile com- dedication. As a decorated officer, he has re- column broadsheet newspaper, but it also pio- munities in India, Nepal, and the United States ceived numerous awards that speak to his neered Connecticut’s first online newspaper in (including our vibrant community in Min- character, including: A Life Saving Citation for 1995. nesota). the rescue of two persons on a capsized boat The Newtown community has looked to The Past U.S. administrations have supported on Lake Independence, the Michigan State Newtown Bee paper for information on town human rights, democracy, and education pro- Police Award for Professional Excellence, an government activities, the work of public offi- grams for the people of Tibet. Whether it is Ti- award for Exemplary Performance and Profes- cials and business leaders, and even profiles betan language broadcasts as a source of sionalism from the Michigan Army National of their neighbors. Since 1903, The Newtown independent information, the Tibetan Scholar- Guard for his assistance after a helicopter Bee has been run from the same historic ship Program, or the Ngawang Choephel Fel- crash, and the Outstanding Instructor Award at building on Church Hill Road, which is topped lows Program, these modest U.S. investments the Northern Michigan University Regional Po- with an iconic bee weathervane. Moreover, have had a strong and positive impact on cre- lice Academy in both 2002 and 2010. members of the Smith family have been active ating a pathway for Tibetan leaders and These awards only begin to describe Da- members of our community, supporting local voices of freedom. USAID has made important vid’s commitment to his community. For every sports teams, the arts, and community organi- investment in support of Tibetans inside Tibet recognized deed, there are hundreds of small zations such as the Chamber of Commerce and living as refugees. achievements that are never acknowledged in and the Rotary Club. It is unacceptable that the Trump adminis- the public eye. There is no doubt that Captain Mr. Speaker, The Newtown Bee has been a tration’s fiscal year 2018 budget eliminates Lemire’s countless achievements are a con- vital and successful institution in Newtown, funding for many of the important programs tributing factor to Marquette being named one Connecticut for 140 years, and the leadership supporting the people of Tibet. It is up to Con- of the safest cities in the United States. More- of the Smith family has ensured the commu- gress to ensure necessary funds are appro- over, it’s clear that he has positively impacted nity is informed and engaged in civic life. priated to sustain the Tibetan programs for the the citizens of Marquette County. David has Therefore, it is fitting and proper that we honor coming fiscal year. Eliminating these funds, as received myriad letters of appreciation from the paper and the many leaders who have en- proposed, is an abandonment of the Tibetan citizens thanking him for his comfort and kind sured its success here today. people and will give China a green light to ac- words after the death of a family member or f celerate their cruel repression and destruction at the scene of a tragic accident. His commit- of Tibetan lives and culture. ment to justice and public service has gone PERSONAL EXPLANATION There is one additional issue that is of ut- beyond the call of duty. Captain David Lemire most urgency, the appointment of a new Spe- has consistently set an example of what a po- HON. RICK LARSEN cial Coordinator for Tibetan Issues at the De- lice officer should strive to achieve in their ca- OF WASHINGTON partment of State. This position, authorized in reer. IN THE HOUSE OF REPRESENTATIVES the Tibetan Policy Act of 2002, is intended to Mr. Speaker, Captain Lemire’s long list of guide U.S. policy toward Tibet and commu- accomplishments cannot be understated, and Wednesday, June 28, 2017 nicate directly with the Chinese government. I I am confident that he will continue to serve as Mr. LARSEN of Washington. Mr. Speaker, would urge Secretary Tillerson and the White a role model for the next generation of great due to a request by the Governor of Wash- House to fill this position immediately. community leaders in Michigan’s First District. ington to lead the largest-ever state delegation Last weekend, Minnesota had the honor of His wife, Cindy, and son, Mitchell, can take to the International Paris Air Show, I was un- hosting His Holiness the 14th Dalai Lama. I pride in knowing the Upper Peninsula is a bet- able to participate in floor proceedings for the had the privilege of attending a public event ter place thanks to David’s work. On behalf of week of June 19–23, 2017. with His Holiness and giving remarks before my constituents and the First District of Michi- Had I been present, I would have voted: Minnesota’s large and strong community of Ti- gan, I wish to congratulate Captain David YEA on Roll Call No. 309; YEA on Roll Call betan refugees. The remarks below were de- Lemire on being named the 2016 Marquette No. 310; NAY on Roll Call No. 311; NAY on livered at that event and I ask that they be in- Police Officer of the Year. Roll Call No. 312; NAY on Roll Call No. 313; cluded in the RECORD:

∑ 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 04:32 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K28JN8.001 E28JNPT1 rfrederick on DSK3GLQ082PROD with REMARKS E914 CONGRESSIONAL RECORD — Extensions of Remarks June 28, 2017 REMARKS BY CONGRESSWOMAN BETTY MCCOL- Let me also urge President Trump to meet CONGRATULATING LA CROSSE LUM—COMMUNITY PUBLIC TALK WITH THE TI- directly with His Holiness the Dalai Lama FIRE CHIEF GREGG CLEVELAND BETAN AMERICAN FOUNDATION OF MINNESOTA and listen to his wise and compassionate in- ON HIS RETIREMENT HONORING HIS HOLINESS THE 14TH DALAI LAMA sights. Mr. Trump needs to hear why ongoing OF TIBET, MINNEAPOLIS, MINNESOTA, JUNE 24, U.S. support for Tibet is vital. 2017 The teachings of His Holiness are not only HON. RON KIND Good morning! I am so pleased to be here wise, they are in the best interest of the OF WISCONSIN with Minnesota’s strong and thriving Ti- United States and of all of mankind. Let us betan community. love our planet and work to stop climate IN THE HOUSE OF REPRESENTATIVES I wish to thank the Tibetan American change. Let us welcome refugees and all who Foundation of Minnesota for inviting me to flee violence and suffering whether Buddhist, Wednesday, June 28, 2017 join you this morning. Christian or Muslim. Let us open our hearts Mr. KIND. Mr. Speaker, today I rise in honor Only one month ago—in May—I was in to the poor and the vulnerable—in our own of the career of La Crosse Fire Chief Gregg Dharamsala, India as part of an official con- communities and around the world. gressional delegation led by the Democratic Minnesota is blessed by our Tibetan broth- Cleveland, who will be retiring in June of Leader Nancy Pelosi. In Dharamsala my col- ers and sisters. And, today we are blessed by 2017. He has served as a firefighter for more leagues and I were humbled to be received the presence of His Holiness and his teach- than 36 years, including 11 years as the La very warmly and graciously by His Holiness ings. Crosse Fire Chief. the Dalai Lama. We had a very special visit May peace be upon us all and may we fol- Chief Cleveland’s years of service as a fire- with His Holiness. low its path together. fighter are exemplary in every respect. He Today, it is our honor to welcome His Holi- Thank you. ness to Minnesota and his presence is a bless- earned an Associate Degree in Fire Protection from Fox Valley Technical College, a Bach- ing and inspiration for all of us. f Please accept my offer of strong support elor’s degree in Business Administration from for Tibetans in Minnesota and across the HONORING NINE SOFTBALL PLAY- Lakeland College, and a Master’s Degree in U.S., for the Tibetan community in India ERS FOR RECEIVING ALL-STATE Public Administration from the University of and Nepal, and all Tibetans living in exile. HONORS Wisconsin-Oshkosh. He is also a graduate of The refugee experience, being forced from the Executive Fire Officer’s program. ones homeland, fleeing violence and persecu- tion, is a journey of loss, pain, and suffering. HON. JACK BERGMAN Chief Cleveland began his career more than You never forget home, but now you have a three decades ago with the Menasha Fire De- OF MICHIGAN second home and together we must make partment. He then served as Chief of the this home in America one of safety, hope, IN THE HOUSE OF REPRESENTATIVES Marshfield Fire Department for 15 years, and and opportunity. Wednesday, June 28, 2017 later took over as chief of the La Crosse Fire We want this home to be welcoming for Mr. BERGMAN. Mr. Speaker, it’s my honor Department in 2006. In addition to this service your families and a place where you have the in fire departments, Chief Cleveland has also freedom to maintain your culture, practice to recognize nine exceptional young women your beliefs, and sustain your rich traditions from Michigan’s First District who have been been active in other firefighting organizations, as Tibetans. I know firsthand the important recognized as All-State athletes in the state of including the Wisconsin State Fire Chiefs As- contributions Tibetan-Americans are mak- Michigan by the Michigan High School Softball sociation, where he served as President and ing here in Minnesota and I am grateful. Coaches Association. Receipt of All-State advocated for the organization on numerous Your community makes Minnesota a strong- issues. He also served with the National Fire er, better state. Honors signifies that these young women dedicated themselves entirely, through count- Protection Association (NFPA), where he was In 2015, I was in Tibet, your homeland. I ex- a member of NFPA’s North Central Regional perienced the mountains, the thin air in my less hours of practice and preparation, to their lungs, and the warmth of the Tibetan people sport. Fire Code Development Committee, and I met. But, there was also the heavy burden These outstanding young women may rep- served as Secretary of NFPA’s Fire Service of a land that is not free. The people of Tibet resent different schools and different teams, Section. are not free. but they all share a unique love of the game. Under Chief Cleveland’s leadership, the City Today, let us focus our minds, our hearts, Onaway Cardinals pitcher Calley Selke, for in- of La Crosse has seen numerous changes for our prayers, and, as free people, let us work the better in the fire service industry. In 2014, to make the people of Tibet free. It is long stance, earned the right to be called an All- past time for China’s repression in Tibet to State athlete. the La Crosse Fire Department received inter- end. The human rights abuses must stop. The Additionally, the Alpena Wildcats took their national accreditation, demonstrating the qual- prisoners of conscience must be set free. The seventh straight Big North Conference title ity of the Department. That same year, he was destruction of Tibetan culture and the re- with outfielder Liz Kendziorski and utility player instrumental in consolidating the La Crosse pression of Buddhist monks and scholars Jade Schultz represented among those who Building and Inspection Department into the must stop. Fire Department, which created a new Division With great sadness, I must tell you that earned All-State Honors. The Rogers City Hurons had several players of Fire Prevention and Building Safety. He two weeks ago I received a letter from Chi- also helped the Department lead the way on na’s Counsel General in Chicago asking me who were selected to receive All-State Honors to refrain from ‘‘any contact with the Dalai including pitcher Jayna Hance, shortstop health issues, making the Department one of Lama in any form.’’ The letter called today’s Kayla Rabeau, third baseman Hannah Flem- the first in the state to carry an opioid over- gathering a platform for a separatist plot. ing, outfielder Taylor Fleming, and designated dose antidote. There is no plot, only a path of peace and player Saige Wagner. These young women Chief Cleveland’s leadership was crucial to dialogue. Let us follow His Holiness on that led the Hurons to their sixth straight district the City of La Crosse when the city faced path, a path to separate the Tibetan people emergency situations and natural disasters. from political repression, a path to separate title and fourth regional title in five years. Tibet from endless acts of cultural destruc- Not to be outdone, the Indian River Inland These included an EF2 tornado that struck the tion, and a path to separate the political and Lakes Bulldogs, a team that boasted two All- south side of La Crosse in 2011 and a build- religious prisoners from their cells and their State athletes of its own in pitcher Chloe Mal- ing explosion on the north side of the city in suffering. lory and catcher Pamela Braund, ultimately 2014. Thanks to Chief Cleveland’s leadership, As a Member of Congress, I urge the Con- prevailed as Division 4 State Champs. the City of La Crosse has been able to re- gress and the President of the United States Mr. Speaker, it’s my honor to recognize cover from these situations and continue to to stand with the people of Tibet to promote grow and prosper. human rights, religious freedom, and a these young women as recipients of All-State meaningful political dialogue. Honors for the sport of softball. Their accom- It has been an honor for me to serve as China is a powerful country. But, the plishments have brought pride to their teams, U.S. Representative for Wisconsin’s Third United States is a free and powerful country. schools, and hometowns. They have set a Congressional District during Chief Cleve- The United States must never abandon our positive example of what is possible for any- land’s tenure in La Crosse. He will be greatly commitment to freedom, justice, and human one in Michigan’s First District. On behalf of missed by the La Crosse Fire Department and rights around the world. And, we must never my constituents, I wish to congratulate Jayna the people he helped throughout his career. abandon the people of Tibet. I will work in Congress to continue U.S. Hance, Kayla Rabeau, Hannah Fleming, Tay- On behalf of my constituents in Wisconsin and funding for all Tibetan programs, scholar- lor Fleming, Saige Wagner, Chloe Mallory, a grateful nation, I would like to thank and ships, and assistance for refugees. And, I will Pamela Braund, Calley Selke, Liz Kendziorski, commend Chief Cleveland for his years of work to pass H.R. 1872—the ‘‘Reciprocal Ac- and Jade Schultz and wish them all the best service in the fire service industry. I wish him cess to Tibet Act of 2017.’’ in their future endeavors. and his family all the best in his retirement.

VerDate Sep 11 2014 04:32 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JN8.003 E28JNPT1 rfrederick on DSK3GLQ082PROD with REMARKS June 28, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E915 HONORING GEORGEANN COWLES WELCOMING PRESIDENT MOON region have access to the most innovative EISKAMP JAE-IN technology, advanced facilities and the very best opportunities for education. HON. TOM MARINO Mr. Speaker, I applaud the outstanding con- HON. JIMMY PANETTA OF PENNSYLVANIA tributions that David Cox has made in edu- cating our future leaders in southern and east- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES ern Kentucky, and the inspiration and drive he IN THE HOUSE OF REPRESENTATIVES Wednesday, June 28, 2017 instills in them to give back to their commu- Mr. MARINO. Mr. Speaker, I rise today to nities—a core mission of the Boy Scouts. Con- Wednesday, June 28, 2017 welcome South Korean President Moon Jae-in gratulations to David Cox on receiving the Mr. PANETTA. Mr. Speaker, I rise today to on his first trip to the United States. 2017 Daniel Boone Visionary Award. South Korea is one of our staunchest allies recognize the Santa Cruz County Farm Bu- f and has been an excellent friend to the United reau’s Farmer of the Year for 2017, Ms. States. I recently had the awesome oppor- RECOGNIZING CINDA KLICKNA Georgeann Cowles Eiskamp. Georgeann tunity to visit South Korea and was able to owns Cowles Berry Farm, where she and her meet with many different government officials HON. RODNEY DAVIS family grow berries. The Santa Cruz County to hear more about the issues and concerns OF ILLINOIS Farm Bureau selected her for this honor, and that are confronting the region. While there IN THE HOUSE OF REPRESENTATIVES presents this award annually to farmers who are several pressing concerns facing South Wednesday, June 28, 2017 contribute beyond their normal duties in serv- Korea, and the region, if we remain committed Mr. RODNEY DAVIS of Illinois. Mr. Speak- ice to their community. as allies and friends we will continue to see er, I rise today to recognize Cinda Klickna, a peace and stability. friend, educator, public servant, and president Born and raised in Watsonville, California, I know that President Trump and President Georgeann graduated from Watsonville High of the Illinois Education Association. After a Moon will have an excellent, friendly, and pro- long and successful career, Cinda will be retir- School in 1957 and earned her Bachelor of ductive meeting. I look forward to continuing to Science degree from Purdue University in ing later this year. support South Korea as a Member of Con- Cinda’s career began in Springfield, Illinois, 1971. In 1999, she returned to Watsonville to gress and hope that President Moon enjoys where she taught high school English and Ad- work on her father’s ranch. During this time, his time in the United States. vanced Placement Literature. In 1997, she Georgeann learned the farming industry from f was awarded the Illinois State Genealogical the ground up, from weeding to bookkeeping. TRIBUTE TO DAVID COX, BOY Society Community Service Award for her When Georgeann’s father passed away in SCOUTS 2017 DANIEL BOONE VI- classroom’s research of an abandoned ceme- 2006, she took over farming operations at SIONARY AWARD RECIPIENT tery at Lake Sangchris. Cowles Berry Farm, making her a 5th genera- After leaving the classroom, Cinda started tion farmer. In addition to berries, Georgeann HON. HAROLD ROGERS with the IEA as a legislative intern, working has grown Syrah wine grapes and had a suc- with the late State Senator Vince Demuzio, OF KENTUCKY State Representative Richard Reilly, and State cessful wine submission at the 2008 Santa IN THE HOUSE OF REPRESENTATIVES Senator Terry Bruce. Before becoming an IEA Cruz County Fair. Wednesday, June 28, 2017 officer, Cinda served on the IEA Board of Di- Georgeann is a model of productive civic Mr. ROGERS of Kentucky. Mr. Speaker, I rectors, the National Education Association engagement, and serves her community in a rise today to congratulate a remarkable leader Board of Directors, and as president of the myriad of ways. She serves as the Founding in southern and eastern Kentucky, Mr. David Springfield Education Association. Additionally. Co-Chair of the Down to Earth Women Lunch- Cox, upon receiving the 2017 Daniel Boone she has chaired committees on Partnerships eon Committee, which raises funds for local Visionary Award presented by the Boy Scouts for Educational Innovation and the Legislative agricultural education programs. Additionally, of America Daniel Boone Council. Committee for the IEA, as well as the Mem- Georgeann currently serves on the Board of The Daniel Boone Visionary Award was de- bership Services and Affiliate Relationships for veloped to recognize community leaders who the NEA. Directors for the educational organization Agri- Cinda has been recognized as the first make significant contributions to improve the culture. This remarkable organization based in teacher to serve as the chair of the Education local district, including Whitley, Laurel, Knox, Watsonville operates numerous programs that Committee for the Greater Springfield Area Bell, Clay, Harlan and Jackson counties. The raise awareness about the complexities of the Chamber of Commerce, and her public service award recipients are recognized for their con- agriculture industry in an easily accessible has extended to membership on United Way tributions to economic growth, education and Board. way. In particular, the ‘‘Focus Agriculture’’ pro- leadership development in our youth. I am honored to recognize Cinda’s accom- gram, a first-in-the-nation program, provides David Cox is a worthy recipient of this pres- plishments and her dedication to education opportunities for community leaders to partici- tigious award due to the tremendous vision and the Illinois Education Association. Best pate in an intensive program to learn about a and leadership he has exemplified as Super- wishes for a happy retirement. broad spectrum of agriculture topics. I had the intendent of the Corbin Independent School chance to participate in this award-winning System. He has dedicated 25 years as an ed- f program, and have found the lessons I ucator and administrator for the Corbin Inde- IN RECOGNITION OF BRENDA learned there to be very helpful to me as a pendent School System and in less than two WOOD member of the House Agriculture Committee. years at the helm, students are making Georgeann is also an active member of the marked improvements. Currently, the Corbin HON. JOHN LEWIS Independent School System is ranked fourth Watsonville Rotary Club and regularly leads OF GEORGIA out of 173 school districts in the Common- IN THE HOUSE OF REPRESENTATIVES fundraising efforts for wonderful causes in her wealth of Kentucky, based on the Kentucky community and around the world. Some of Core Content Test, placing the district in the Wednesday, June 28, 2017 these causes include support for victims of the state’s 98th percentile for achievement. Addi- Mr. LEWIS of Georgia. Mr. Speaker, I rise 2010 Haitian earthquake, new vans for Ren- tionally, Corbin Redhounds consistently rank to pay tribute to Brenda B. Wood, a premier aissance High School, and providing medical among the top in the state for College and Ca- broadcast journalist, one of the best in our re- care and clean water to a village in Peru. reer Readiness preparation and average ACT gion, who has been a newsmaker and news Mr. Speaker, it is my pleasure to recognize scores. Not only do they excel in academics, breaker in the Atlanta metro area since 1988. but students achieve incredible success in arts She decided to retire this year after dedicating Georgeann Cowles Eiskamp as the Santa and athletics as they rank among the state over 40 years to her career, but I understand Cruz County Farm Bureau’s 2017 Farmer of elite each year as well. she will be returning to the small screen to the Year. I am sure we will continue to hear Mr. Cox continues to lead his high per- work on special creative projects. We want to more of her great work in the community for forming students and staff by living the pay tribute to her as she moves into this next years to come. school’s motto: ‘‘Striving to be the Best!’’ He phase of her contribution to metropolitan At- has worked diligently to ensure students in our lanta.

VerDate Sep 11 2014 04:32 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K28JN8.004 E28JNPT1 rfrederick on DSK3GLQ082PROD with REMARKS E916 CONGRESSIONAL RECORD — Extensions of Remarks June 28, 2017 Ms. Wood was born in Washington, DC, Detective Williams has served every level of Authority, Director of the Bank of Marin, chair graduated from Takoma Park Academy and our community with great distinction and heart of the Novato Economic Development Com- got her degree in mass media from Loma over the past three decades. His impressive mission, member of the Bay Area Water Linda University in Southern California in career has spanned from undercover work Works Association, and president of the Gold- 1977. She reported for several stations in Ala- with the Quad-City Metropolitan Enforcement en Gate Bridge District’s Board of Directors, bama and Tennessee following her graduation Group to reduce drugs on our streets, to work- among many others. from college but was hired as the evening ing as a DARE officer in newly created drug Mr. Stroeh is survived by his wife Dawna news anchor and reporter in the Atlanta mar- education programs. Detective Williams has Gallagher-Stroeh and his beloved children: ket first by WAGA–TV, where she hosted an always gone above and beyond to strengthen Christina Stroeh, Jody Hunter, Erica Antonio, Emmy award-winning news magazine show our community in these roles, in addition to David Brown and Dona Brown, his seven called Minute by Minute. In 1997, she joined being president of the Police Benevolent As- grandchildren, five nieces and nephews, and WXlA–TV as its 6 p.m. and 11 p.m. weekday sociation. four cats. news anchor and spent the next 20 years of Detective Williams has dedicated his career Mr. Speaker, the depth of Mr. Stroeh’s serv- her career at the station. Ms. Wood became a to ensuring public safety, and striving to pro- ice to his community has left a positive legacy trusted voice on the air. We could depend on tect and improve the lives of individuals within across the Bay Area, and he will be dearly her to get to the heart of the issues and keep his community. I am confident that he will con- missed. When asked about his role on the the metro area informed with all the news we tinue to do just that as he joins the United Golden Gate Bridge District, Mr. Stroeh once needed to know to participate effectively in a States Marshal’s Office at the Scott County reflected that he was ‘‘just a cog in the ma- democratic society. Her coverage was incisive, Federal Courthouse in the next chapter of his chine,’’ a typically humble comment from a balanced, and comprehensive. career. I am proud to have such dedicated man who dedicated his life to public service. During her tenure, Ms. Wood interviewed civil servants in Illinois’ 17th Congressional It is therefore appropriate that we pay tribute top newsmakers like President Jimmy Carter, District, and the role he has played in to him today and honor the memory of leader- Egypt’s former First Lady Jehan Sadat, Am- bettering our community will not be forgotten. ship that sought service above self. bassador Andrew Young, Cher, the rapper T.I. Mr. Speaker, I would like to thank Detective and many others. She produced several Williams for his commitment to public service f award-winning prime time specials, including and the example he has set for our commu- HONORING THE FIRST RESPOND- Remembering the 1996 Olympics, the year At- nity. I congratulate him again and wish him ERS OF THE JUNE 14, 2017 lanta hosted the games, A Conversation luck in his future endeavors. SHOOTING AT EUGENE SIMPSON Across America, 50 Years of Change, Mission f PARK of Hope. Ms. Wood developed several special broadcast series like, Journeys with Brenda HONORING THE LIFE OF DIETRICH Wood, a news magazine show, The Last STROEH HON. DONALD S. BEYER, JR. Word commentaries, and The Daily 11 at 7 OF VIRGINIA with Brenda Wood, another award-winning HON. JARED HUFFMAN IN THE HOUSE OF REPRESENTATIVES primetime show. OF CALIFORNIA Wednesday, June 28, 2017 She has taken home 20 Emmy awards and IN THE HOUSE OF REPRESENTATIVES garnered many different honors. Most notably, Mr. BEYER. Mr. Speaker, I rise today to Wednesday, June 28, 2017 Ms. Wood was named Georgia Woman of the commend the City of Alexandria’s First Re- Year in 2013, was granted the Legacy Award Mr. HUFFMAN. Mr. Speaker, I rise today in sponders to the scene of the shooting at Eu- of the Atlanta Business League, the NAACP’s memory of Dietrich (Diet) Stroeh, who passed gene Simpson Memorial Park in my district in Phoenix Award for Best News Anchor, and in- away on May 30, 2017, after a lifetime of pub- Alexandria, Virginia. ducted into the Atlanta Press Club Hall of lic service to his community. Born on October Two weeks ago today, Wednesday, June Fame in 2014, among a host of other honors. 22, 1936, Mr. Stroeh attended the University 14th, around 7:00 a.m., a man fired scores of Our community has loved to watch her tell of Nevada where he earned a degree in civil shots at Members of Congress who were the stories that gave meaning to our lives in engineering before joining the United States practicing for the annual Congressional Base- the South and described our world so accu- Air Force Reserves in 1955. After joining the ball Game. The shooting wounded House Ma- rately. Ms. Wood never ceased to inform us, Marin Municipal Water District as an engineer jority Whip STEVE SCALISE, Capitol Police Offi- inspire us, and will always be a shining light in 1960, he served a variety of roles in the cers David Bailey and Crystal Griner, Con- for our city. We all will miss seeing her on the agency, and became the General Manager in gressional staffer Zack Barth, and former Con- air, but know that Brenda Wood will continue 1974. After twenty years with the agency Mr. gressional staffer Matt Mika. to serve our community as a leader who can Stroeh co-founded an engineering firm in The timely response of Alexandria’s First bring people and good ideas together. 1980, which eventually became CSW/Struber- Responders almost certainly saved lives. Alex- andria Police Officers Nicole Battaglia, Alex- f Stroeh Engineering group. He successfully ran the firm for 37 years until his passing. ander Jensen and Kevin Jobe arrived within RECOGNIZING DETECTIVE SCOTT Mr. Stroeh’s legacy to the community ex- minutes of the 911 call. Officer Battaglia came J. WILLIAMS FOR HIS SERVICE tends from a personal mission to serve the under fire upon arriving at the scene, and Offi- public that was evident throughout his profes- cers Jensen and Jobe immediately engaged HON. CHERI BUSTOS sional life. As the General Manager of the the shooter upon arrival. In the opinion of Al- OF ILLINOIS Marin Municipal Water District, his creative exandria Police Chief Mike Brown, the officers IN THE HOUSE OF REPRESENTATIVES leadership was critical for securing Marin showed true bravery as they responded to a County’s water supply during the 1976 Cali- combat zone before working with Capitol Po- Wednesday, June 28, 2017 fornia Drought. His solutions led to the devel- lice to neutralize the shooter. Medical care Mrs. BUSTOS. Mr. Speaker, I rise today to opment of a new in-county water supply, the provided by members of the Alexandria Fire recognize Detective Scott J. Williams, who is county’s first comprehensive water manage- Department, including Fiona Apple and Rich- retiring from the Moline Police Department. ment plan, and the implementation of con- ard Krimmer and dozens of other paramedics Detective Williams has honorably served the servation education throughout the region. and firefighters who operated while the scene people of Moline for the past 30 years and he These events led the local press to declare was still dynamic, ensured this senseless act will be greatly missed. him ‘‘the hero of the drought,’’ because he not of violence did not become a multiple fatality Detective Williams began his lifelong career only ran the agency during this time, but genu- event. in public service in 1981 as a correctional offi- inely inspired a community ethic to conserve I am honored to commend these valiant in- cer with the Rock Island County Sheriff’s Of- water as an ongoing practice. Mr. Stroeh had dividuals for their selfless service; I thank fice prior to joining the United States Marine a dual life as a civil engineer by trade and a them not only for saving the lives of the vic- Corps, where he served with the Department tireless public servant throughout his tenure tims of this evil, mindless gun violence, but for of State in Embassy Security. Upon returning on numerous volunteer boards and commis- their daily positive impact on the extraordinary home, he continued his education and joined sions. His volunteer services include such community of Del Ray in the exceptional City the Moline Police Department in 1987. roles as Director of the North Coast Rail Road of Alexandria.

VerDate Sep 11 2014 04:32 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JN8.005 E28JNPT1 rfrederick on DSK3GLQ082PROD with REMARKS June 28, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E917 WELCOMING PRESIDENT MOON McGinnis was moved into the newly built nate ability to connect and communicate with JAE-IN manse. With Reverend McGinnis at the helm, children contributed to her success as a the church not only delivered religious serv- speech pathologist and the invaluable impact HON. BILL PASCRELL, JR. ices, but also held a Sunday school consti- of the Mercy Speech Center. OF NEW JERSEY tuting 200 students. In fact, the church’s altru- Known for her laughing eyes, bright smile IN THE HOUSE OF REPRESENTATIVES ism was demonstrated by its postponement of and the kindest of hearts, Sister Maralynn re- additions to the school building to instead mains a gift to education and a valued mem- Wednesday, June 28, 2017 pledge $10,000 to add a wing on to a hospital ber of her community. She changed lives and Mr. PASCRELL. Mr. Speaker, I rise today to in Brazil. her own life serves as an example of how one welcome President Moon Jae-in of the Repub- The Church continued to expand, as newly person truly can make a difference. lic of Korea to the United States. This visit selected Reverend MacNaughton made it his Mr. Speaker, I thank you for allowing me a presents the United States and the Republic ambition to build a Christian Education Build- few moments to recognize Sister Maralynn of Korea an opportunity to strengthen our rela- ing, and for the church to become more active Sciarrino and her impactful career at the tionship and advance cooperation on mutually in the local community. Reverend Mercy Speech Center. Sister Maralynn’s life of beneficial economic, energy, cultural, and MacNaughton secured a Cable TV spot, in service to the youth of Western New York is global security issues. Our shared commit- order to broadcast each Sunday service. This inspirational, impressive and worthy of rec- ment to upholding the rule of law, democracy, still continues to service the community pro- ognition. I am proud to honor Sister Maralynn and a free market economy is rooted in our foundly. Reverend MacNaughton retired in and wish her continued health and happiness two countries’ historic friendship. Our nations 2012 after serving forty-one years, and was as she begins the next chapter of her remark- have a long history dating back to when the succeeded by Reverend Ross H. Lang, who is able life. United States and the Republic of Korea es- dedicated to continuing the traditions and f tablished diplomatic relations in 1882. This vi- promises of Hildale Park Presbyterian Church. brant connection between our nations and To remain a thriving faith based organization, RECOGNIZING OFFICER NATHAN New Jersey’s prominence as a home to immi- 100 years later, is a testament to the extraor- MILLER grant communities from all walks of life, Kore- dinary efforts of Hildale Park Presbyterian ans have always found a place in my home Church, its members and Trustees. HON. RODNEY DAVIS state. In my congressional district we are Mr. Speaker, I ask that you and our col- OF ILLINOIS proud to have a strong and engaged Korean- leagues join me in congratulating Hildale Park IN THE HOUSE OF REPRESENTATIVES Presbyterian Church on the occasion of its American population that has attracted several Wednesday, June 28, 2017 North American headquarters of South Korean Centennial Anniversary. businesses. Because of our nations’ connec- f Mr. RODNEY DAVIS of Illinois. Mr. Speak- tion, I am thankful President Moon has found er, I rise today to recognize Officer Nathan time to visit the United States. I hope this visit HONORING THE CAREER OF SIS- Miller, of the Jerseyville Police Department, allows our nations the opportunity to broaden TER MARALYNN SCIARRINO who was injured in the line of duty while re- and deepen our partnerships and alliances. UPON HER RETIREMENT sponding to a burglary alarm during the early f morning hours of June 13, 2017. HON. BRIAN HIGGINS After responding to the burglary call, Officer HILDALE PARK PRESBYTERIAN OF NEW YORK Miller pursued the suspect for several blocks CHURCH’S 100TH ANNIVERSARY IN THE HOUSE OF REPRESENTATIVES before the suspect opened fire on him. Officer Miller was hit several times, and was imme- Wednesday, June 28, 2017 HON. RODNEY P. FRELINGHUYSEN diately transported to St. Louis University Hos- OF NEW JERSEY Mr. HIGGINS of New York. Mr. Speaker, I pital. IN THE HOUSE OF REPRESENTATIVES rise today to recognize Sister Maralynn The willingness of Officer Miller to put his Sciarrino as she steps down from her position own life on the line to protect his community Wednesday, June 28, 2017 as Director of the Mercy Speech Center after is truly an act of bravery and has not gone un- Mr. FRELINGHUYSEN. Mr. Speaker, I rise 49 years of extraordinary service. Sister noticed. Officer Miller was greeted with a today to honor Hildale Park Presbyterian Maralynn’s skill as a speech pathologist and hero’s welcome as he returned home to finish Church, located in the Township of Hanover, her caring presence provided countless chil- out the rest of his recovery; the Jerseyville New Jersey, on the occasion of its 100th Anni- dren from Western New York with the skills community lined the streets to show their sup- versary. From humble beginnings, this and confidence necessary to be articulate and port for the officer with signs and other ‘‘back church’s birth from a hillside bungalow has successful in school and in life. the blue’’ decorations. grown to be a thriving religious center and Founded in 1956 by Sister Maureen Kelly, I ask that you join me in keeping Officer Mil- school for the greater Morris County commu- Mercy Speech Center provides professional ler in your thoughts as he makes a speedy re- nity, a bible-centered congregation. evaluation and speech therapy to children with covery. May God Bless Officer Nathan Miller Hildale Park Presbyterian Church’s history speech and language disorders. The Center and all of the other first responders who work began in 1916 when Cedar Knolls transitioned puts the needs of children first as it provides to keep us safe. from a summer destination to a town of per- services to families who may not have been f manent residency. At that time, residents able to afford such personal attention. needed to travel long distances for their reli- Sister Maralynn has devoted her life to help- HONORING THE LIFE AND ACCOM- gious services. This was an impetus for Mr. ing and serving others since joining the Sisters PLISHMENTS OF DAWN LUCIEN and Mrs. Horace Greenway and Mrs. Mathilda of Mercy at the age of 18. She taught elemen- Pfeiffer to establish a Sunday school within tary school for several years before beginning HON. ADAM SMITH the community. As a result, on April 17, 1917, her career at The Mercy Speech Center in OF WASHINGTON the very first service was held in the Green- 1962. Focused on helping children overcome IN THE HOUSE OF REPRESENTATIVES way bungalow. Soon after, on July 19, 1917, speech and language disorders, Sister studied a meeting was held to elect the first Board of speech pathology and audiology at the Catho- Wednesday, June 28, 2017 Trustees who renamed the chapel the Hildale lic University of America, eventually earning a Mr. SMITH of Washington. Mr. Speaker, I Park Union Chapel. masters degree. rise to honor the life and accomplishments of On August 11, 1918, Reverend Greenway Sister Maralynn put that degree to work as Dawn Lucien, an exemplary and civically- officiated the first session and dedication was she helped children with speech and auditory minded leader who, for decades, provided the held in the newly erected chapel. As time processing challenges when no one else city of Tacoma and its surrounding community passed, there was an apparent need for a could, earning the love, respect and gratitude with invaluable contributions. sturdier structure that could withstand the fre- of all those lives she so positively impacted. After moving to Tacoma in 1947, Dawn quent storms. With the advent of the 1955 Sister Maralynn founded the Magic Penny quickly became involved in her city’s civic and Christmas Eve service, the dedication of a Program at the Center which combines basic political life. Believing that Tacoma was truly new sanctuary was held. The Church’s aspira- speech therapy with a literacy program, ena- the ‘‘gem of the universe,’’ one of Dawn’s first tion to select a full-time minister was also met bling students to develop their speaking abili- accomplishments in the city was becoming on July 13, 1959, as Reverend Alan Loy ties as well as their reading abilities. Her in- one of just two women elected to the Tacoma

VerDate Sep 11 2014 04:32 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.009 E28JNPT1 rfrederick on DSK3GLQ082PROD with REMARKS E918 CONGRESSIONAL RECORD — Extensions of Remarks June 28, 2017 Board of Freeholders in 1956. Just four years TRIBUTE TO RYAN REINHOLD FOR Add, at the end of the bill, the following later, Dawn served as an appointed member 41 YEARS OF PUBLIC SERVICE (and amend the table of contents accord- of the Tacoma City Council until 1962. ingly): SEC. 11. REQUIREMENTS FOR SELECTION OF Dawn’s early contributions not only gained HON. TOM O’HALLERAN CLINICAL PRACTICE GUIDELINES. the recognition of many at the local level, but OF ARIZONA (a) SELECTION.—Not later than 6 months also caught the attention of leaders at a na- IN THE HOUSE OF REPRESENTATIVES after the date of enactment of this Act, eligi- tional level. In 1962, she was a Nominee to Wednesday, June 28, 2017 ble professional organizations that have es- Congress, and was then approached by Vice tablished, published, maintained, and up- President Hubert Humphrey to assist over- Mr. O’HALLERAN. Mr. Speaker, it is with re- dated on a regular basis, clinical practice seas. Her commitment to her duties in her be- spect and admiration that I rise today to honor guidelines, including when applicable, appro- loved Tacoma was so strong that she nearly Judge Ryan Reinhold for his outstanding leg- priate use criteria, that incorporate best acy and service to the State of Arizona. On practices, may submit such guidelines to the turned down the opportunity to represent the Secretary of Health and Human Services. United States at the 1967 United Nations Eco- June 30, 2017, Ryan retires after 41 years as a Navajo County Justice of the Peace, munic- Not later than 6 months after the last day nomic and Social Council in Geneva. for submitting such guidelines, the Sec- ipal court judge, White Mountain Apache tribal Continuing her commitment to community retary shall select and designate one or more judge, and Navajo County Constable. organizing, Dawn was instrumental in the eligible professional organizations to provide Ryan was born in Phoenix, served in the 1990s rebirth of downtown Tacoma, and in the and maintain such clinical practice guide- U.S. Marine Corps Reserves, and graduated lines on behalf of the Secretary. Not later creation of the Tacoma campus of the Univer- from San Jose State University in 1972. He than 6 months after designating each such sity of Washington. She sought to revitalize moved to Pinetop and married Lorinda eligible professional organization, the Sec- her city through the promotion of the arts and ‘‘Rindy’’ Skousen in 1976. Rindy recently re- retary shall enter into an agreement with education. Dawn was a fearless and inde- tired after 30 years as a kindergarten teacher. each such eligible professional organization pendent leader who people viewed as the for maintenance, publication, and updating They have two children, Kent and Britni; Kent ‘‘godmother’’ of the city. She is remembered of such clinical practice guidelines. is a helicopter pilot and Congressional Liaison for working with others to bridge divides within (b) MAINTENANCE.— in the U.S. Coast Guard and Britni is a sec- her community. Dawn even won the Greater (1) PERIODIC REVIEW.—Not later than 5 ond-grade teacher in Lakeside, Arizona. Ryan Tacoma Peace Prize for her 1988 work to re- years after the Secretary enters into an and Rindy were blessed with their first grand- agreement with each eligible professional or- solve hotly disputed land claims between de- child, Lucas Robert, in October 2016. ganization under subsection (a), and every 5 velopers and the Puyallup Tribe of Indians. Ryan was elected as Justice of the Peace years thereafter, the Secretary shall review Dawn’s decades-long commitment to fierce- in 1978. In 1984, he received the Kenneth L. the clinical practice guidelines of such orga- ly serving her community and getting results, MacEachern Award for the Most Outstanding nization and shall, as necessary, enter into agreements with additional eligible profes- has played a key role in the growth of the city Non-Lawyer Judge in the United States. He of Tacoma since she arrived in 1947. sional organizations, as appropriate, in ac- was re-elected five times and honorably led cordance with subsection (a). Mr. Speaker, it is with great privilege that I the court for 22 years before retiring in 2000. (2) UPDATE BY ELIGIBLE PROFESSIONAL OR- recognize the life of Dawn Lucien. She is truly During his tenure, he adjudicated civil and GANIZATION.—An eligible professional organi- an exceptional reminder of the high level of criminal cases in 19 Arizona courts and four zation that collaborated in the establish- commitment to our communities that we tribal courts. Ryan was appointed Navajo ment of a clinical practice guideline may should all aspire to every day. County Constable for Precinct Six in 2003 and submit amendments to that clinical practice elected in 2006. He was subsequently re- guideline at any time to the Secretary for review by the Secretary. f elected two times and served the citizens of (3) NOTIFICATION REQUIRED FOR CERTAIN UP- the White Mountains with distinction. KANSAS STATE SCHOOL FOR THE DATES.—An amendment under paragraph (2) Ryan is known for his tireless efforts to ben- may not add, materially change, or remove a BLIND 150TH ANNIVERSARY efit all aspects of the community. He regularly guideline from a set of guidelines, unless no- donates his time to help area young people tification of such update is made available to overcome societal challenges and establish applicable eligible professionals. HON. KEVIN YODER proper footing towards purposeful lives. He SEC. 12. DEVELOPMENT. OF KANSAS has led hundreds of volunteers as District (a) GUIDELINE STANDARDS.—The Secretary IN THE HOUSE OF REPRESENTATIVES Chairman of the Boy Scouts of America, shall ensure that, to the extent practicable, President of the Blue Ridge High School the development of clinical practice guide- Wednesday, June 28, 2017 Scholarship Fund, and President of the local lines are guided by the Standards for Devel- Lions Club, Chamber of Commerce, and Ro- oping Trustworthy Clinical Practice Guide- Mr. YODER. Mr. Speaker, I rise today to lines of the Institute of Medicine and— recognize the 150th Anniversary of the Kan- tary Club. In 2007, Ryan was elected as As- (1) are developed through a transparent sas State School for the Blind. sistant District Governor of the Rotary Club process that minimizes conflicts of interest; and was instrumental in orchestrating a robust (2) are developed by a knowledgeable, mul- The Kansas State School for the Blind was international exchange student program for founded in 1867 and is one of the historical tidisciplinary panel of experts and represent- dozens of teenagers. atives from key affected groups; treasures of Kansas City, Kansas. On behalf of the State of Arizona, I would (3) take into consideration important pa- It serves students from pre-K through high like to congratulate and thank Ryan Reinhold tient subgroups and patient preferences, as school who are blind or visually impaired, and for his selfless and dedicated public service. In appropriate; has some of the most talented, caring, and in- retirement, I hear he plans on making regular (4) are based on a systematic review of the novative teachers you’ll find in the profession. scuba diving trips, traveling the world, and existing evidence; (5) except in the case of diagnostic guide- I’ve had the opportunity to visit the school, spending quality time with his beloved family lines, provide a clear explanation of the rela- including last August, when I spent time with and friends. We extend our best wishes as tionship between care options and health a group of students and saw the amazing Ryan begins the next chapter of his life. outcomes; technology that assists them every day as Cheers to a truly wonderful career. (6) except in the case of diagnostic guide- they learn and engage the world around them. f lines, provide ratings of both the quality of evidence and strength of recommendation; I want to thank outgoing superintendent INTRODUCTION OF AMENDMENT Madeleine Burkindine and Principal Jon Har- (7) are reconsidered and revised when new TO H.R. 1215 evidence emerges; and ding for their leadership, and sharing with me (8) clearly identify any exceptions to the how KSSB is making a difference in the lives HON. ANDY BARR application of the clinical practice guideline. of these students in our community. (b) REQUIRED DISCLOSURES FROM ELIGIBLE OF KENTUCKY Our community and state are stronger be- PROFESSIONAL ORGANIZATIONS.—Any person IN THE HOUSE OF REPRESENTATIVES cause of them. who is affiliated with an eligible professional Wednesday, June 28, 2017 organization and who directly participated Mr. Speaker, the Kansas State School for in the creation of a clinical practice guide- the Blind has made a tremendous difference Mr. BARR. Mr. Speaker, I include in the line shall follow that particular eligible pro- over the last 150 years, and I look forward to RECORD an amendment I introduced to Rules fessional organization’s conflict of interest our continued work together. Committee Print 115–10 on H.R. 1215: protocol.

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SEC. 13. NO LIABILITY FOR GUIDELINE PRO- (7) HEALTH CARE ORGANIZATION.—The term The number of companies wanting to do DUCERS. ‘‘health care organization’’ means any per- business in the state has accelerated in the Neither an eligible professional organiza- son or entity which is obligated to provide or last few years due to the assets found here tion nor the participants in its guideline de- pay for health benefits under any health . . . This collaboration just goes to prove the velopment and approval process, may be held plan, including any person or entity acting progress we are making. liable for any injury alleged to be caused by under a contract or arrangement with a adhering to a clinical practice guideline to health care organization to provide or ad- I am grateful for the efforts of Governor which they contributed. minister any health benefit. Henry McMaster, USC President Harris SEC. 14. INTERNET PUBLICATION OF GUIDE- (8) HEALTH CARE PROVIDER.—The term Pastides, Executive Director Bill Kirkland, Sie- LINES. ‘‘health care provider’’ means any person or mens Digital Factory President Raj Batra, and The Secretary shall publish on the Inter- entity required by State or Federal laws or U.S. Secretary of Commerce Wilbur Ross in net through the National Guideline Clearing- regulations to be licensed, registered, or cer- creating jobs and promoting economic growth. house or other appropriate sites or sources, tified to provide health care services, and all clinical practice guidelines, including all being either so licensed, registered, or cer- data and methodology used in the develop- tified, or exempted from such requirement f ment and selection of the guidelines in com- by other statute or regulation. pliance with data disclosure standards in the (9) SECRETARY.—The term ‘‘Secretary’’ SENATE COMMITTEE MEETINGS Health Insurance Portability and Account- means the Secretary of Health and Human ability Act of 1996 (Public Law 104–191). Services. Title IV of Senate Resolution 4, SEC. 15. AFFIRMATIVE DEFENSE. f agreed to by the Senate of February 4, In the case of a health care lawsuit, it 1977, calls for establishment of a sys- shall be an affirmative defense to any health SIEMENS MAKES EXTRAORDINARY tem for a computerized schedule of all care liability claim alleged therein that the GRANT meetings and hearings of Senate com- defendant complied with a clinical practice guideline that was applicable to the provi- mittees, subcommittees, joint commit- sion or use of health care services or medical HON. JOE WILSON tees, and committees of conference. products for which the health care liability OF SOUTH CAROLINA This title requires all such committees claim is brought. IN THE HOUSE OF REPRESENTATIVES to notify the Office of the Senate Daily SEC. 16. DEFINITIONS. Wednesday, June 28, 2017 Digest—designated by the Rules Com- For purposes of sections 11 through 14: mittee—of the time, place and purpose Mr. WILSON of South Carolina. Mr. Speak- (1) APPLICABLE ELIGIBLE PROFESSIONAL.— of the meetings, when scheduled and er, a recent article in SC Biz News titled ‘‘Sie- The term ‘‘applicable eligible professional’’ any cancellations or changes in the means a physician practicing within clinical mens, USC announce $628M in-kind tech- meetings as they occur. practice guidelines submitted by an eligible nology grant,’’ details a remarkable new part- professional organization and includes em- nership between Siemens and the University As an additional procedure along ployees and agents of a physician. of South Carolina. The article explains: with the computerization of this infor- (2) APPROPRIATE USE CRITERIA.—The term mation, the Office of the Senate Daily ‘‘appropriate, use criteria’’ means estab- The in-kind grant will provide Siemens’ product lifecycle management software to Digest will prepare this information for lished evidence-based guidelines developed or printing in the Extensions of Remarks endorsed by an eligible professional organi- USC’s College of Engineering and Com- zation that specify when the health benefits puting, and a combination of Siemens auto- section of the CONGRESSIONAL RECORD of a procedure or service exceed the expected mation and controls hardware in a digital on Monday and Wednesday of each health risks by a significantly wide margin. factory innovation lab at USC’s McNAIR week. (3) CLINICAL PRACTICE GUIDELINE.—The Center for Aerospace Innovation and Re- search. Meetings scheduled for Thursday, term ‘‘clinical practice guideline’’ means June 29, 2017 may be found in the Daily systematically developed statements based Bill Kirkland, executive director of USC’s on the review of clinical evidence for assist- Office of Economic Engagement, said the Digest of today’s RECORD. new partnership represents the top three in- ing a health care provider to determine the MEETINGS SCHEDULED appropriate health care in specific clinical vestments Siemens has made in a university circumstances. in the United States. JULY 12 (4) DIAGNOSTIC GUIDELINE.—The term ‘‘di- The article further shows the important rela- agnostic guideline’’ means a clinical practice tionship between industry and education in 2:30 p.m. guideline that provides recommendation re- South Carolina: Committee on Indian Affairs garding the utility of diagnosis procedures To hold hearings to examine S. 943, to di- Raj Batra, president of Siemens Digital for a specific clinical scenario. rect the Secretary of the Interior to Factory Division, U.S., said the grant gives (5) ELIGIBLE PROFESSIONAL ORGANIZATION.— conduct an accurate comprehensive back in all different forms. ‘‘With this in- The term ‘‘eligible professional organiza- student count for the purposes of cal- vestment in software and hardware, students tion’’ means a national or State medical so- culating formula allocations for pro- and faculty will get hands on experience ciety or medical specialty society. grams under the Johnson-O’Malley with the same state of the art design engi- (6) FEDERAL PAYOR.—The term ‘‘Federal Act, S. 1223, to repeal the Klamath payor’’ includes reimbursements made under neering platforms that are used by leading Tribe Judgment Fund Act, and S. 1285, the Medicare program under title XVIII of manufacturers around the world . . .’’ to allow the Confederated Tribes of USC President Harris Pastides called the the Social Security Act or the Medicaid pro- Coos, Lower Umpqua, and Siuslaw Indi- announcement an important day in the mod- gram under title XIX of the Social Security ans, the Confederated Tribes of the ern history of the University of South Caro- Act, premium tax credits under section 36B Grand Ronde Community of Oregon, lina . . . Pastides said, ‘‘Our graduates will of the Internal Revenue Code of 1986 or cost- the Confederated Tribes of Siletz Indi- have experience in Siemens’ software, ready sharing reductions under section 1402 of the ans of Oregon, the Confederated Tribes to take the leading jobs in our state and Patient Protection and Affordable Care Act, of Warm Springs, and the Cow Creek around the world.’’ or medical screenings, treatments, or trans- Band of Umpqua Tribe of Indians to fer services provided pursuant to section 1867 The article concludes with an accurate lease or transfer certain lands. of the Social Security Act. statement from Governor Henry McMaster: SD–628

VerDate Sep 11 2014 04:32 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JN8.016 E28JNPT1 rfrederick on DSK3GLQ082PROD with REMARKS Wednesday, June 28, 2017 Daily Digest Senate pointed the following individual to serve as a mem- Chamber Action ber of the Western Hemisphere Drug Policy Com- Routine Proceedings, pages S3807–S3836 mission: John Walters of the District of Columbia. Measures Introduced: Twenty-two bills and six Page S3835 resolutions were introduced, as follows: S. Rao Nomination—Agreement: Senate continued 1450–1471, and S. Res. 204–209. Pages S3829–30 consideration of the nomination of Neomi Rao, of Measures Reported: the District of Columbia, to be Administrator of the S. 577, to require each agency, in providing notice Office of Information and Regulatory Affairs, Office of a rule making, to include a link to a 100 word of Management and Budget. Pages S3807–27 plain language summary of the proposed rule, with A unanimous-consent agreement was reached pro- an amendment. (S. Rept. No. 115–120) viding for further consideration of the nomination at S. 579, to require agencies to publish an advance approximately 11 a.m., on Thursday, June 29, 2017, notice of proposed rule making for major rules, with with the time until the vote on the motion to in- amendments. (S. Rept. No. 115–121) voke cloture on the nomination equally divided be- S. 381, to repeal the Act entitled ‘‘An Act to con- tween the two Leaders, or their designees. fer jurisdiction on the State of Iowa over offenses Pages S3835–36 committed by or against Indians on the Sac and Fox Nye Nomination—Cloture: Senate began consider- Indian Reservation’’. (S. Rept. No. 115–122) ation of the nomination of David C. Nye, of Idaho, S. 691, to extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy In- to be United States District Judge for the District dian Tribe-Eastern Division, the Upper Mattaponi of Idaho. Pages S3827–28 Tribe, the Rappahannock Tribe, Inc., the Monacan A motion was entered to close further debate on Indian Nation, and the Nansemond Indian Tribe. (S. the nomination, and, in accordance with the provi- Rept. No. 115–123) Page S3829 sions of Rule XXII of the Standing Rules of the Senate, a vote on cloture will occur upon disposition Appointments: of the nomination of Neomi Rao, of the District of Board of Visitors of the U.S. Merchant Marine Columbia, to be Administrator of the Office of In- Academy: The Chair, on behalf of the Vice Presi- formation and Regulatory Affairs, Office of Manage- dent, pursuant to Section 1295b(h) of title 46 App., ment and Budget. Page S3828 United States Code, appointed the following Senators Prior to consideration of this nomination, Senate to the Board of Visitors of the U.S. Merchant Marine took the following action: Academy: Senators Thune (ex officio as Chairman, Senate agreed to the motion to proceed to Legisla- Committee on Commerce, Science and Transpor- tive Session. Page S3827 tation) and Fischer (Committee on Commerce, Senate agreed to the motion to proceed to Execu- Science and Transportation). Page S3835 tive Session to consider the nomination. Page S3827 Board of Visitors of the U.S. Military Academy: Messages from the House: Page S3829 The Chair, on behalf of the Vice President, pursuant to 10 U.S.C. 4355(a), appointed the following Sen- Measures Referred: Page S3829 ator to the Board of Visitors of the U.S. Military Measures Placed on the Calendar: Page S3829 Academy: Senator Moran (Designated by the Chair- Measures Read the First Time: Pages S3829, S3835 man of the Committee on Armed Services). Page S3829 Page S3835 Executive Reports of Committees: Western Hemisphere Drug Policy Commission: Additional Cosponsors: Pages S3830–31 The Chair, on behalf of the Majority Leader, pursu- Statements on Introduced Bills/Resolutions: ant to the provisions of Public Law 114–323, ap- Pages S3831–35 D716

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Additional Statements: Pages S3828–29 NOMINATIONS Authorities for Committees to Meet: Page S3835 Committee on Homeland Security and Governmental Af- Adjournment: Senate convened at 12 p.m. and ad- fairs: Committee concluded a hearing to examine the journed at 6:43 p.m., until 11 a.m. on Thursday, nominations of Claire M. Grady, of Pennsylvania, to June 29, 2017. (For Senate’s program, see the re- be Under Secretary for Management, Department of marks of the Majority Leader in today’s Record on Homeland Security, and Henry Kerner, of California, pages S3835–36.) to be Special Counsel, Office of Special Counsel, after the nominees testified and answered questions Committee Meetings in their own behalf. NOMINATIONS (Committees not listed did not meet) Committee on the Judiciary: Committee concluded a APPROPRIATIONS: ARMY CORPS OF hearing to examine the nominations of Timothy J. ENGINEERS AND BUREAU OF Kelly, and Trevor N. McFadden, of Virginia, both RECLAMATION to be a United States District Judge for the District Committee on Appropriations: Subcommittee on Energy of Columbia, and Jeffrey Bossert Clark, of Virginia, and Water Development concluded a hearing to ex- and Beth Ann Williams, of New Jersey, both to be amine proposed budget estimates and justification an Assistant Attorney General, Department of Jus- for fiscal year 2018 for the Army Corps of Engineers tice, after the nominees testified and answered ques- and the Department of the Interior Bureau of Rec- tions in their own behalf. lamation, after receiving testimony from Lieutenant General Todd T. Semonite, USA, Chief of Engineers, BUSINESS MEETING Army Corps of Engineers; Douglas W. Lamont, Sen- Committee on Veterans’ Affairs: Committee ordered fa- ior Official performing the duties of the Assistant vorably reported S. 1024, to amend title 38, United Secretary of the Army (Civil Works); and Alan States Code, to reform the rights and processes relat- Mikkelsen, Acting Commissioner, Bureau of Rec- ing to appeals of decisions regarding claims for bene- lamation, Department of the Interior. fits under the laws administered by the Secretary of BUSINESS MEETING Veterans Affairs. Committee on Armed Services: Committee ordered favor- NOMINATION ably reported an original bill entitled, ‘‘National De- Select Committee on Intelligence: Committee concluded a fense Authorization Act for Fiscal Year 2018’’; and hearing to examine the nomination of David James The nomination of Patrick M. Shanahan, of Wash- Glawe, of Iowa, to be Under Secretary for Intel- ington, to be Deputy Secretary of Defense. ligence and Analysis, Department of Homeland Se- NOMINATIONS curity, after the nominee, who was introduced by Committee on Commerce, Science, and Transportation: Senator Grassley, testified and answered questions in Committee concluded a hearing to examine the his own behalf. nominations of Steven Gill Bradbury, of Virginia, to RUSSIAN INTERVENTION IN EUROPEAN be General Counsel of the Department of Transpor- ELECTIONS tation, and Elizabeth Erin Walsh, of the District of Columbia, to be Assistant Secretary of Commerce Select Committee on Intelligence: Committee concluded a and Director General of the United States and For- hearing to examine Russian intervention in European eign Commercial Service, after the nominees testified elections, after receiving testimony from Nicholas and answered questions in their own behalf. Burns, Harvard University John F. Kennedy School of Government Robert and Renee Belfer Center for NORTH KOREA Science and International Affairs, and Vesko Committee on Foreign Relations: Committee received a Garcevic, Boston University Frederick Pardee School closed briefing on North Korea, focusing on recent of Global Studies, both of Boston, Massachusetts; developments, from Joseph Y. Yun, Special Rep- Janis Sarts, NATO Strategic Communications Centre resentative for North Korea Policy, Deputy Assistant of Excellence, Riga, Latvia; and Constanze Secretary for Korea and Japan, Bureau of East Asian Stelzenmuller, Brookings Institution Center on the and Pacific Affairs, Department of State. United States and Europe, Washington, D.C.

VerDate Sep 11 2014 04:18 Jun 29, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D28JN7.REC D28JNPT1 rfrederick on DSK3GLQ082PROD with DIGEST D718 CONGRESSIONAL RECORD — DAILY DIGEST June 28, 2017 House of Representatives Rejected the Kuster motion to recommit the bill Chamber Action to the Committee on the Judiciary with instructions Public Bills and Resolutions Introduced: 15 pub- to report the same back to the House forthwith with lic bills, H.R. 3089–3103; and 5 resolutions, H. an amendment, by a recorded vote of 191 ayes to Con. Res. 67; and H. Res. 418–421 were intro- 235 noes, Roll No. 336. Pages H5285–86 duced. Pages H5294–95 Pursuant to the Rule, an amendment in the na- ture of a substitute consisting of the text of Rules Additional Cosponsors: Pages H5296–97 Committee Print 115–10 shall be considered as an Reports Filed: Reports were filed today as follows: original bill for the purpose of amendment under the H.R. 91, to amend title 38, United States Code, five-minute rule, in lieu of the amendment in the to make permanent the pilot program on counseling nature of a substitute recommended by the Com- in retreat settings for women veterans newly sepa- mittee on the Judiciary now printed in the bill. rated from service in the Armed Forces (H. Rept. Page H5273 115–197); and Agreed to: H.R. 2825, to amend the Homeland Security Act Sessions amendment (No. 1 printed in H. Rept. of 2002 to make certain improvements in the laws 115–179) that begins the tolling of the statute of administered by the Secretary of Homeland Security, limitations on the date of the alleged breach or tort, and for other purposes, with an amendment (H. rather than the date of the injury, which is not al- Rept. 115–198). Page H5294 ways a date certain; the statute of limits will be three years after the alleged breach or one year after Speaker: Read a letter from the Speaker wherein he the claimant discovers the breach, whichever occurs appointed Representative Bost to act as Speaker pro first; Pages H5275–76 tempore for today. Page H5235 Sessions amendment (No. 2 printed in H. Rept. Recess: The House recessed at 10:51 a.m. and re- 115–179) that clarifies that health care services as convened at 12 noon. Page H5240 defined in H.R. 1215 include safety, professional, Guest Chaplain: The prayer was offered by the and administrative services directly related to health Guest Chaplain, Rev. Dr. Howard Siplin, Beulah care; Pages H5276–77 Missionary Baptist Church, Coconut Grove, FL. Roe (TN) amendment (No. 3 printed in H. Rept. Pages H5240–41 115–179) that limits who qualifies as an expert wit- ness, in medical malpractice negligence cases, based Journal: The House agreed to the Speaker’s approval on professional qualifications as well as geographic of the Journal by a yea-and-nay vote of 232 yeas to relation to where the case in chief is being litigated; 183 nays with two answering ‘‘present’’, Roll No. and Pages H5277–79 333. Pages H5241, H5262 Hudson amendment (No. 4 printed in H. Rept. No Sanctuary for Criminals Act—Rule for Con- 115–179) that allows a physician to apologize to a sideration: The House agreed to H. Res. 414, pro- patient for an unintended outcome without having viding for consideration of the bill (H.R. 3003) to the apology count against them in the court of law; amend the Immigration and Nationality Act to requires a plaintiff to provide a notice of intent to modify provisions relating to assistance by States, the physician 90 days before the lawsuit is filed; de- and political subdivision of States, in the enforce- fers to sundry state laws regarding lawsuits and out- ment of Federal immigration laws, by a recorded lines requirements witnesses must meet for testi- vote of 235 ayes to 190 noes, Roll No. 332, after mony during trial (by a recorded vote of 222 ayes the previous question was ordered by a yea-and-nay to 197 noes, Roll No. 334). Pages H5279–81, H5283–84 vote of 235 yeas to 190 nays, Roll No. 331. Rejected: Barr amendment (No. 5 printed in H. Rept. Pages H5244–62 115–179) that sought to give affirmative defense to Protecting Access to Care Act of 2017: The defendants in health care liability cases if they can House passed H.R. 1215, to improve patient access show they complied with clinical practice guidelines to health care services and provide improved medical (by a recorded vote of 116 ayes to 310 noes, Roll care by reducing the excessive burden the liability No. 335). Pages H5281–83, H5284 system places on the health care delivery system, by H. Res. 382, the rule providing for consideration a recorded vote of 218 ayes to 210 noes, Roll No. off the bill (H.R. 1215) was agreed to yesterday, 337. Pages H5263–87 June 27th.

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Suspension—Proceedings Resumed: The House heard from Nathaniel Schwartz, Chief Research and agreed to suspend the rules and pass the following Strategy Officer, Tennessee Department of Edu- measure. Consideration began Tuesday, June 27th. cation; and public witnesses. Robert Emmet Park Act of 2017: H.R. 1500, to MISCELLANEOUS MEASURES redesignate the small triangular property located in Washington, DC, and designated by the National Committee on Energy and Commerce: Full Committee Park Service as reservation 302 as ‘‘Robert Emmet held a markup on H.R. 3043, the ‘‘Hydropower Pol- Park’’, by a 2⁄3 yea-and-nay vote of 423 yeas with icy Modernization Act of 2017’’; H.R. 2786, to none voting ‘‘nay’’, Roll No. 338. Page H5287 amend the Federal Power Act with respect to the Senate Message: Message received from the Senate criteria and process to qualify a qualifying conduit by the Clerk and subsequently presented to the hydropower facility; H.R. 3050, the ‘‘Enhancing House today appears on page H5262. State Energy Security Planning and Emergency Pre- paredness Act of 2017’’; H.R. 2883, the ‘‘Promoting Quorum Calls—Votes: Three yea-and-nay votes Cross-Border Energy Infrastructure Act’’; H.R. 2910, and five recorded votes developed during the pro- the ‘‘Promoting Interagency Coordination for Review ceedings of today and appear on pages H5261, of Natural Gas Pipelines Act’’; H.R. 3017, the H5261–62, H5262, H5283–84, H5284, H5286, ‘‘Brownfields Enhancement Economic Redevelop- H5286–87 and H5287. There were no quorum calls. ment and Reauthorization Act of 2017’’; H.R. 3053, Adjournment: The House met at 10 a.m. and ad- the ‘‘Nuclear Waste Policy Amendments Act of journed at 6:42 p.m. 2017’’; and H.R. 806, the ‘‘Ozone Standards Imple- mentation Act of 2017’’. H.R. 3017, H.R. 2910 Committee Meetings were ordered reported, without amendment. H.R. MISCELLANEOUS MEASURE 3050, H.R. 2786, H.R. 3053, H.R. 3043, H.R. 2883, and H.R. 806, were ordered reported, as Committee on Appropriations: Subcommittee on Agri- amended. culture, Rural Development, Food and Drug Admin- istration, and Related Agencies held a markup on THE FEDERAL RESERVE’S IMPACT ON Agriculture, Rural Development, Food and Drug MAIN STREET, RETIREES, AND SAVINGS Administration, and Related Agencies Appropria- Committee on Financial Services: Subcommittee on tions Bill, FY 2018. The Agriculture, Rural Devel- Monetary Policy and Trade held a hearing entitled opment, Food and Drug Administration, and Re- ‘‘The Federal Reserve’s Impact on Main Street, Retir- lated Agencies Appropriations Bill, FY 2018, was ees, and Savings’’. Testimony was heard from public forwarded to the full committee, without amend- witnesses. ment. MISCELLANEOUS MEASURE EXAMINING THE BSA/AML REGULATORY Committee on Appropriations: Subcommittee on Energy COMPLIANCE REGIME and Water Development, and Related Agencies held Committee on Financial Services: Subcommittee on Fi- a markup on Energy and Water Development, and nancial Institutions and Consumer Credit held a Related Agencies Appropriations Bill, FY 2018. The hearing entitled ‘‘Examining the BSA/AML Regu- Energy and Water Development, and Related Agen- latory Compliance Regime’’. Testimony was heard cies Appropriations Bill, FY 2018, was forwarded to from public witnesses. the full committee, without amendment. ADVANCING U.S. INTERESTS AT THE MISCELLANEOUS MEASURE UNITED NATIONS Committee on Armed Services: Full Committee held a Committee on Foreign Affairs: Full Committee held a markup on H.R. 2810, the ‘‘National Defense Au- hearing entitled ‘‘Advancing U.S. Interests at the thorization Act for Fiscal Year 2018’’. H.R. 2810 United Nations’’. Testimony was heard from Nikki was ordered reported, as amended. R. Haley, United States Permanent Representative to EXPLORING OPPORTUNITIES TO the United Nations. STRENGTHEN EDUCATION RESEARCH WHILE PROTECTING STUDENT PRIVACY MISCELLANEOUS MEASURES Committee on Education and the Workforce: Sub- Committee on the Judiciary: Full Committee concluded committee on Early Childhood, Elementary, and Sec- a markup on H.R. 495, the ‘‘Protection of Children ondary Education held a hearing entitled ‘‘Exploring Act’’; H.R. 2826, the ‘‘Refugee Program Integrity Opportunities to Strengthen Education Research Restoration Act of 2017’’; H.R. 1096, the ‘‘Judg- While Protecting Student Privacy’’. Testimony was ment Fund Transparency Act of 2017’’; and H.R.

VerDate Sep 11 2014 23:49 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD17\JUNE\D28JN7.REC D28JN7 D720 CONGRESSIONAL RECORD — DAILY DIGEST June 28, 2017 2480, the ‘‘Empowering Law Enforcement to Fight COMMITTEE MEETINGS FOR THURSDAY, Sex Trafficking Demand Act’’. H.R. 495, H.R. JUNE 29, 2017 2826, and H.R. 1096, were ordered reported, as amended. H.R. 2480 was ordered reported, without (Committee meetings are open unless otherwise indicated) amendment. Senate EXAMINING POLICY IMPACTS OF Committee on Agriculture, Nutrition, and Forestry: business meeting to consider H.R. 1029, to amend the Federal In- EXCESSIVE LITIGATION AGAINST THE secticide, Fungicide, and Rodenticide Act to improve pes- DEPARTMENT OF THE INTERIOR ticide registration and other activities under the Act, to Committee on Natural Resources: Subcommittee on extend and modify fee authorities, and the nomination of Oversight and Investigations held a hearing entitled J. Christopher Giancarlo, of New Jersey, to be Chairman ‘‘Examining Policy Impacts of Excessive Litigation of the Commodity Futures Trading Commission; to be immediately followed by a hearing to examine conserva- Against the Department of the Interior’’. Testimony tion and forestry, focusing on perspectives on the past was heard from Daniel Jorjani, Principal Deputy So- and future direction for the 2018 Farm Bill, 9 a.m., licitor, Office of the Solicitor, Department of the In- SH–216. terior; and public witnesses. Committee on Appropriations: Subcommittee on Com- merce, Justice, Science, and Related Agencies, to hold CRIMINAL JUSTICE REFORM AND EFFORTS hearings to examine proposed budget estimates and jus- TO REDUCE RECIDIVISM tification for fiscal year 2018 for the National Aeronautics and Space Administration, 10 a.m., SD–192. Committee on Oversight and Government Reform: Full Subcommittee on Legislative Branch, to hold hearings Committee held a hearing entitled ‘‘Criminal Justice to examine proposed budget estimates and justification Reform and Efforts to Reduce Recidivism’’. Testi- for fiscal year 2018 for the Senate Sergeant at Arms and mony was heard from Senators Scott and Booker; the Capitol Police; to be immediately followed by a Bryan P. Stirling, Director, South Carolina Depart- closed session in SVC–217, following the open session, ment of Corrections; and public witnesses. 10:15 a.m., SD–124. Committee on Banking, Housing, and Urban Affairs: to MATERIAL SCIENCE: BUILDING THE hold hearings to examine principles of housing finance re- form, 10 a.m., SD–538. FUTURE Committee on Commerce, Science, and Transportation: busi- Committee on Science, Space, and Technology: Sub- ness meeting to consider S. 1405, to amend title 49, committee on Energy; and Subcommittee on Re- United States Code, to authorize appropriations for the search and Technology held a joint hearing entitled Federal Aviation Administration, S. 875, to require the ‘‘Material Science: Building the Future’’. Testimony Comptroller General of the United States to conduct a was heard from Matthew Tirrell, Deputy Laboratory study and submit a report on filing requirements under the Universal Service Fund programs, S. 1426, to amend Director for Science, and Chief Research Officer, Ar- the Ted Stevens Olympic and Amateur Sports Act to ex- gonne National Laboratory; Laurie Locascio, Acting pand the purposes of the corporation, to designate the Associate Director, Laboratory Programs, and Direc- United States Center for Safe Sport, S. 1393, to stream- tor, Material Measurement Laboratory, National In- line the process by which active duty military, reservists, stitute of Standards and Technology; Adam and veterans receive commercial driver’s licenses, and the Schwartz, Director, Ames Laboratory; and a public nominations of David P. Pekoske, of Maryland, to be an witness. Assistant Secretary of Homeland Security, Robert L. Sumwalt III, of South Carolina, to be a Member of the BUDGET HEARING National Transportation Safety Board, and Derek Kan, of California, to be Under Secretary of Transportation for Permanent Select Committee on Intelligence: Sub- Policy, 9 a.m., SD–G50. committee on Department of Defense Intelligence Committee on Environment and Public Works: business and Overhead Architecture held a budget hearing. meeting to consider S. 822, to amend the Comprehensive This hearing was closed. Environmental Response, Compensation, and Liability Act of 1980 to modify provisions relating to grants, S. 1447, to reauthorize the diesel emissions reduction pro- gram, S. 1359, to amend the John F. Kennedy Center Joint Meetings Act to authorize appropriations for the John F. Kennedy No joint committee meetings were held. Center for the Performing Arts, S. 810, to facilitate con- struction of a bridge on certain property in Christian County, Missouri, S. 1395, to revise the boundaries of certain John H. Chafee Coastal Barrier Resources System

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units in Delaware, General Services Administration reso- Iran’s state-sponsored persecution of its Baha’i minority lutions, and the nominations of Annie Caputo, of Vir- and its continued violation of the International Covenants ginia, and David Wright, of South Carolina, each to be on Human Rights; H. Res. 317, to call for the uncondi- a Member of the Nuclear Regulatory Commission, and tional release of United States citizens and legal perma- Susan Parker Bodine, of Maryland, to be an Assistant Ad- nent resident aliens being held for political purposes by ministrator of the Environmental Protection Agency, 12 the Government of Iran; H. Res. 359, to urge the Euro- noon, SD–406. pean Union to designate Hizballah in its entirety as a ter- Committee on Foreign Relations: business meeting to con- rorist organization and increase pressure on it and its sider the nomination of Mark Andrew Green, of Wis- members; and H.R. 2646, the ‘‘United States-Jordan De- consin, to be Administrator of the United States Agency fense Cooperation Extension Act’’, 10 a.m., 2172 Ray- for International Development, and routine lists in the burn. Foreign Service, Time to be announced, S–216, Capitol. Committee on the Judiciary, Subcommittee on Regulatory Committee on the Judiciary: business meeting to consider Reform, Commercial and Antitrust Law, hearing entitled S. 1312, to prioritize the fight against human trafficking ‘‘Recent Trends in International Antitrust Enforcement’’, in the United States, S. 1311, to provide assistance in 10 a.m., 2141 Rayburn. abolishing human trafficking in the United States, and Committee on Natural Resources, Subcommittee on Energy the nominations of Stephen Elliott Boyd, of Alabama, to and Mineral Resources, hearing entitled ‘‘Examining Ac- be an Assistant Attorney General, John Kenneth Bush, of cess to Oil and Gas Development on Federal Lands’’, 10 Kentucky, to be United States Circuit Judge for the Sixth a.m., 1324 Longworth. Circuit, Kevin Christopher Newsom, of Alabama, to be Committee on Science, Space, and Technology, Subcommittee United States Circuit Judge for the Eleventh Circuit, and on Space, hearing entitled ‘‘In-Space Propulsion: Strategic Damien Michael Schiff, of California, to be a Judge of the Choices and Options’’, 10 a.m., 2318 Rayburn. United States Court of Federal Claims, 10 a.m., SD–226. Committee on Small Business, Subcommittee on Economic Select Committee on Intelligence: to hold closed hearings to Growth, Tax, and Capital Access, hearing entitled ‘‘A Re- examine certain intelligence matters, 10 a.m., SH–219. view of SBA’s 504/CDC Loan Program’’, 10 a.m., 2360 Rayburn. House Committee on Veterans’ Affairs, Subcommittee on Over- Committee on Appropriations, Full Committee, markup on sight and Investigations, hearing on H.R. 2006, the ‘‘VA Legislative Branch Appropriations Bill, FY 2018, 10:30 Procurement Efficiency and Transparency Act’’; H.R. a.m., 2359 Rayburn. 2749, the ‘‘Protecting Business Opportunities for Vet- Subcommittee on Commerce, Justice, Science, and Re- erans Act of 2017’’; H.R. 2781, the ‘‘Ensuring Veteran lated Agencies, markup on Commerce, Justice, Science, Enterprise Participation in Strategic Sourcing Act’’; and and Related Agencies Appropriations Bill, FY 2018, 2 legislation to improve the hiring, training, and efficiency p.m., 2362–B Rayburn. of acquisition personnel and organizations of the Depart- Subcommittee on Financial Services and General Gov- ment of Veterans Affairs, and for other purposes, 10 a.m., ernment, markup on Financial Services and General Gov- 334 Cannon. ernment Appropriations Bill, FY 2018, 3 p.m., 2358–A, Subcommittee on Economic Opportunity, hearing on Rayburn. H.R. 282, the ‘‘Military Residency Choice Act’’; H.R. Committee on Education and the Workforce, Full Com- 1690, the ‘‘Department of Veterans Affairs Bonus Trans- mittee, markup on H.R. 986, the ‘‘Tribal Labor Sov- parency Act’’; H.R. 2631, the ‘‘Justice for ereignty Act of 2017’’; H.R. 2776, the ‘‘Workforce De- Servicemembers Act of 2017’’; H.R. 2772, the ‘‘SEA mocracy and Fairness Act’’; and H.R. 2775, the ‘‘Em- Act’’; legislation to amend title 38, United States Code, ployee Privacy Protection Act’’, 11:30 a.m., 2175 Ray- to authorize the Secretary of Veterans Affairs to furnish burn. assistance for adaptations of residences of veterans in reha- Committee on Energy and Commerce, Subcommittee on bilitation programs under chapter 31 of such title, and Health, markup on H.R. 767, the ‘‘SOAR to Health and for other purposes; and legislation to amend title 38, Wellness Act of 2017’’; H.R. 880, the ‘‘MISSION ZERO United States Code, to permit appraisers approved by the Act’’; H.R. 931, the ‘‘Firefighter Cancer Registry Act of Secretary of Veterans Affairs to make appraisals for pur- 2017’’; and H.R. 2422, the ‘‘Action for Dental Health poses of chapter 37 of such title based on inspections per- Act of 2017’’, 10 a.m., 2123 Rayburn. formed by third parties, 2 p.m., 334 Cannon. Committee on Foreign Affairs, Subcommittee on Middle Committee on Ways and Means, Subcommittee on Social East and North Africa, markup on H. Res. 185, to call Security; and Subcommittee on Oversight, joint hearing on the Government of Iran to fulfill repeated promises of entitled ‘‘Complexities and Challenges of Social Security assistance in the case of Robert Levinson, the longest held Coverage and Payroll Tax Compliance for State and Local United States civilian in our Nation’s history; H. Res. Governments’’, 10 a.m., 1100 Longworth. 218, to recognize the importance of the United States- Permanent Select Committee on Intelligence, Full Com- Israel economic relationship and encouraging new areas of mittee, hearing entitled ‘‘Ongoing Intelligence Activi- cooperation; H. Res. 274, to condemn the Government of ties’’, 9 a.m., HVC–304. This hearing will be closed.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Thursday, June 29 10:00 a.m., Thursday, June 29

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Complete consideration of H.R. ation of the nomination of Neomi Rao, of the District of 3003—No Sanctuary for Criminals Act. Consideration of Columbia, to be Administrator of the Office of Informa- H.R. 3004—Kate’s Law (Subject to a Rule). tion and Regulatory Affairs, Office of Management and Budget, with a vote on the motion to invoke cloture thereon.

Extensions of Remarks, as inserted in this issue

HOUSE Frelinghuysen, Rodney P., N.J., E917 O’Halleran, Tom, Ariz., E918 Higgins, Brian, N.Y., E917 Panetta, Jimmy, Calif., E915 Barr, Andy, Ky., E918 Huffman, Jared, Calif., E916 Pascrell, Bill, Jr., N.J., E917 Bergman, Jack, Mich., E913, E914 Kind, Ron, Wisc., E914 Rogers, Harold, Ky., E915 Beyer, Donald S., Jr., Va., E916 Larsen, Rick, Wash., E913 Smith, Adam, Wash., E917 Bustos, Cheri, Ill., E916 Lewis, John, Ga., E915 Wilson, Joe, S.C., E919 Davis, Rodney, Ill., E915, E917 Marino, Tom, Pa., E915 Esty, Elizabeth H., Conn., E913 McCollum, Betty, Minn., E913 Yoder, Kevin, Kans., E918

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