Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 114 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, MONDAY, MARCH 13, 2017 No. 43 House of Representatives The House met at noon and was pursuant to clause 12(c) of rule I, of an immi- lions of Americans. Grant that the se- called to order by the Speaker pro tem- nent impairment of the place of reconvening verity of this late winter storm wane. pore (Ms. CHENEY). at that time. The impairment is due to se- But for those affected, may the assist- vere weather. ance of first responders and more fortu- f Sincerely, PAUL D. IRVING, nate neighbors ease the passage DESIGNATION OF THE SPEAKER Sergeant at Arms. through this weather, prove that the PRO TEMPORE fiber of our national community is f The SPEAKER pro tempore laid be- strong and reliable. fore the House the following commu- ANNOUNCEMENT BY THE SPEAKER May all that is done this day be for nication from the Speaker: PRO TEMPORE Your greater honor and glory. WASHINGTON, DC, The SPEAKER pro tempore. Under Amen. clause 12(c) of rule I, the Speaker es- March 13, 2017. f I hereby appoint the Honorable LIZ CHENEY tablished this time for reconvening and to act as Speaker pro tempore on this day. notified Members accordingly. PLEDGE OF ALLEGIANCE PAUL D. RYAN, f Speaker of the House of Representatives. The SPEAKER pro tempore. The Chair will lead the House in the Pledge f PRAYER The Chaplain, the Reverend Patrick of Allegiance. COMMUNICATION FROM THE SER- J. Conroy, offered the following prayer: The SPEAKER pro tempore led the GEANT AT ARMS OF THE HOUSE Gracious and merciful God, we give Pledge of Allegiance as follows: The SPEAKER pro tempore laid be- You thanks for giving us another day. I pledge allegiance to the Flag of the fore the House a communication from In this Chamber, where the people’s United States of America, and to the Repub- the Sergeant at Arms of the House of lic for which it stands, one nation under God, House gathers, we pause to offer You indivisible, with liberty and justice for all. Representatives: gratitude for the gift of this good land OFFICE OF THE SERGEANT AT ARMS, on which we live, and for this great Na- f HOUSE OF REPRESENTATIVES, tion which You have inspired in devel- Washington, DC, March 13, 2017. oping over so many years. Continue to RECESS Hon. PAUL D. RYAN, inspire the American people, that The SPEAKER pro tempore. Pursu- Speaker, House of Representatives, through the difficulties of these days ant to clause 12(c) of rule I, the Chair Washington, DC. DEAR MR. SPEAKER: As you are aware, the we might keep liberty and justice alive declares the House in recess subject to time previously appointed for the next meet- in our Nation, and in the world. the call of the Chair. ing of the House is 12:00 Noon on March 14, On this day the House anticipates Accordingly (at 12 o’clock and 2 min- 2017, for morning hour. This is to notify you, weather which is already affecting mil- utes p.m.), the House stood in recess.

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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Vol. 163 WASHINGTON, MONDAY, MARCH 13, 2017 No. 43 Senate The Senate met at 2 p.m. and was the weekend, former Obama Health and its core focus without improving called to order by the President pro Human Services Secretary Kathleen health outcomes in States like mine. tempore (Mr. HATCH). Sebelius said President Clinton had a Now is the time for creative thinking f point. to increase access and to lower costs. Of course, ObamaCare is crazy. Pre- Now is the time for a CMS Adminis- PRAYER miums are spiking across the country trator with the right experience as we The Chaplain, Dr. Barry C. Black, of- by 25 percent nationwide and as much repeal and replace ObamaCare. I know fered the following prayer: as 47 percent in Kentucky for individ- this nominee will strengthen the vital Let us pray. uals. Choices have fallen from coast to programs she has been tasked to lead Father in Heaven, Holy is Your coast, with about one-third of the because she has a history of doing just Name. You brought light from dark- counties nationwide and nearly half in that. I look forward to confirming Ms. ness and order from chaos. You can Kentucky having only a single insurer Verma later today so that she can get bring order to our Nation and world. to choose from on the exchanges, and to work immediately developing solu- Use our lawmakers to fulfill Your pur- healthcare markets are teetering clos- tions to the crisis of ObamaCare. poses. May they become Your merciful er to the edge of collapse. The hands to reduce the pain and discord in ObamaCare status quo is simply not an f our world. option. NOMINATION OF NEIL GORSUCH Lord, use their daily experiences of We have an obligation to the Amer- joy and sorrow, pleasure and pain, vic- ican people to repeal and replace Mr. MCCONNELL. Mr. President, the tory and defeat for Your glory. Protect ObamaCare. We have a three-pronged endorsements for Supreme Court nomi- them with Your shield of love as You process to get there. The first is the nee Judge Neil Gorsuch keep rolling in fill their hearts with Your peace. May legislation. House committees are cur- from across the political spectrum. As they not let evil talk pass their lips rently considering the specialized piece I noted last Thursday, more than 150 but strive to speak the truth in love. of legislation that allows us to repeal former Columbia University class- Infuse them with the spirit of kindness, ObamaCare and implement some, but mates joined that extensive list re- compassion, and forgiveness. not all, of the important replacement cently. Those classmates represented a We pray in Your merciful Name. reforms we want to make. variety of backgrounds, home States, Amen. Another is an additional replacement faiths, and political views. But they all f reform that goes even further in mak- agreed on one thing—that Judge ing healthcare more affordable and ac- Gorsuch is extremely well-qualified to PLEDGE OF ALLEGIANCE cessible. The remaining prong is Exec- be our next Supreme Court Justice. The President pro tempore led the utive action. There is much the admin- On Thursday, I also noted that we Pledge of Allegiance, as follows: istration can do to help bring calm out could expect more supporters with I pledge allegiance to the Flag of the of chaos from Obama’s broken prom- sterling reviews of the judge in the United States of America, and to the Repub- ises. Health and Human Services Sec- near future. Sure enough, that very lic for which it stands, one nation under God, retary Tom Price has already taken evening the American Bar Association indivisible, with liberty and justice for all. steps to do just that, and the nominee awarded Judge Gorsuch the highest f before us, Seema Verma, who has been possible rating: unanimously ‘‘well nominated to head the Centers for qualified,’’ meaning no one on the re- RECOGNITION OF THE MAJORITY Medicare and Medicaid Services, can viewing panel found him other than LEADER take important steps as well. ‘‘well qualified’’—unanimously ‘‘well The PRESIDING OFFICER (Mr. KEN- Ms. Verma is extremely qualified, qualified.’’ NEDY). The majority leader is recog- with a health policy background and a The Democratic leader and the nized. record of success. She is committed to former Democratic chairman of the Ju- f protecting Medicare and modernizing diciary Committee have called the Medicaid so the programs deliver the ABA ‘‘the gold standard by which judi- REPEALING AND REPLACING best results for those who need it. She cial candidates are judged.’’ So on the OBAMACARE AND THE NOMINA- also understands the challenges that gold standard, Neil Gorsuch got a TION OF SEEMA VERMA ObamaCare has created for families. unanimous ‘‘well qualified.’’ There is Mr. MCCONNELL. Mr. President, last Remember, ObamaCare raided funds no higher score. And today, it is a year, Bill Clinton called ObamaCare from Medicare. Remember, ObamaCare group that believes Judge Gorsuch is ‘‘the craziest thing in the world.’’ Over dramatically enlarged Medicaid beyond ‘‘well qualified’’ to be a Supreme Court

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

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VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.000 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1754 CONGRESSIONAL RECORD — SENATE March 13, 2017 Justice based on his integrity, profes- how the President talks like a populist they need or shell out huge amounts— sional competence, and judicial tem- and promises one thing but governs thousands and thousands of dollars out perament. That is high acclaim from from the hard right, delivering some- of your own pocket, which you may not an organization that our colleagues on thing entirely different. have. So much for the President not the left have long considered, as I said, President Trump talked tough on cutting Medicaid; it is a broken prom- the gold standard. It is the type of ac- Wall Street but appointed Wall Street ise to so many poor people, elderly peo- claim we keep hearing from Democrats insiders to his administration and ple in nursing homes, and their chil- and Republicans in the legal commu- started to try to roll back Wall Street dren. nity. reform. He said he would stick up for The President also said we are going Judge Gorsuch has an impressive re- working people, but just about an hour to have a much better healthcare plan sume and impressive credentials to after his inaugural address where he for much less money, but studies have match. He graduated Phi Beta Kappa said that, one of his first actions as shown that if you are in the middle from Columbia in just 3 years and got President made it harder for average class, TrumpCare will cost you about his law degree from Harvard, and he is families to afford a mortgage. $1,500 more a year. If you are an older an Oxford scholar to boot. The Senate The President plans to repeal and re- American between 55 and 64, your costs confirmed him to his current position place the Affordable Care Act, and that would increase by over $5,000 a year. on the circuit court without a single is the most recent and most glaring ex- The 55- to 64-year-olds may be the most vote in opposition. He is the right ju- ample of this trend where the Presi- vulnerable. Their healthcare costs tend rist for the job. dent speaks one way and does another. to be higher than others, and their As we move forward with his nomina- There is a stunning gap between how costs would go up by $5,000 a year. That tion later this month, we should give the President talks about healthcare is another promise by President Trump him the fair consideration, debate, and and what his bill TrumpCare would do. broken when it comes to TrumpCare. up-or-down vote that he deserves, just The bold promises of better care for ev- The President also said: ‘‘We are like we did with the four Supreme eryone at lower costs come from an al- going to have insurance for every- Court nominees of Presidents Clinton ternative reality to his legislation, body.’’ Those are his words, not mine. and Obama after they were first elect- which studies show will cover fewer ‘‘We are going to have insurance for ev- ed. people at higher costs—higher costs, erybody.’’ Some estimates of I suggest the absence of a quorum. less care. TrumpCare suggest that it will kick The PRESIDING OFFICER. The Like much of his administration thus roughly 15 million Americans off the clerk will call the roll. far, TrumpCare is another game of say insurance rolls. The CBO will likely The senior assistant legislative clerk one thing, do another: Say you will have a more definitive estimate this proceeded to call the roll. protect the working people of America evening, putting an exclamation point Mr. MCCONNELL. Mr. President, I and then go forward in ways that hurt on what we already know: TrumpCare ask unanimous consent that the order them and hurt them severely. will cost millions of Americans their for the quorum call be rescinded. Let me offer a few examples about health insurance—another promise by The PRESIDING OFFICER. Without TrumpCare and how the words the Donald Trump broken. objection, it is so ordered. President has stated are so different The President spoke repeatedly on from the reality. During the campaign, the campaign trail about expanding f the President said he was not going to treatment for Americans suffering RECESS SUBJECT TO THE CALL OF cut Medicaid ‘‘like every other Repub- from opioid addiction, but TrumpCare THE CHAIR lican.’’ He tweeted that he was ‘‘the would end the Affordable Care Act’s re- first and only potential GOP candidate quirement that addictive services and Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sen- to state there will be no cuts to Social mental health treatment be covered ate recess subject to the call of the Security, Medicare and Medicaid.’’ under Medicaid in the 31 States that Chair. These are President Trump’s own chose to expand Medicaid. The Presi- There being no objection, the Senate, tweets. dent promised more help for those suf- He said on his tweet that he will be at 2:09 p.m., recessed subject to the call fering from opioid addiction. The the first and only potential GOP can- of the Chair and reassembled at 2:24 President’s action in TrumpCare cuts didate to state there will be no cuts to p.m. when called to order by the Pre- it. Social Security, Medicare, and Med- Even on drug prices, the President siding Officer (Mr. KENNEDY). icaid; however, directly contrary to the says one thing and does another. Just a f President’s promise during the cam- few weeks ago, he stood in the well of RECOGNITION OF THE MINORITY paign, TrumpCare takes an ax to Med- the House of Representatives and said: LEADER icaid, which covers 68 million Ameri- ‘‘We should work to bring down the ar- cans. Instead of having the Federal tificial high price of drugs and bring The PRESIDING OFFICER. The Government match a percentage of them down immediately.’’ So you Democratic leader is recognized. each State’s Medicaid costs, which can would think TrumpCare would have f rise and fall according to how much the something that does that. Unfortu- WISHING THE STENOGRAPHER A State actually needs, TrumpCare would nately, it does not. TrumpCare does ab- SPEEDY RECOVERY give States only a fixed amount of solutely nothing to address the high money per enrollee each year. If costs cost of drugs. In fact, drug prices might Mr. SCHUMER. Mr. President, let me are higher than expected, TrumpCare start going up faster. thank the attending physician for wouldn’t cover the gap. According to TrumpCare eliminates a current re- quickly coming to the aid of one of our the Center on Budget and Policy Prior- quirement that insurers actually give stenographers. They all do an amazing ities, this change would amount to a patients the value of the health insur- job. They are the unsung heroes, and $370 billion cut to Medicaid over 10 ance they are paying for. This is a we wish the stenographer a speedy re- years. The President said he was the blank check to insurers to cover less covery. first and only GOP candidate to prom- and charge more out-of-pocket for a f ise not to cut Medicaid. His bill cuts it whole host of services. Most experts by nearly $400 billion. agree that insurers could charge much TRUMPCARE Nearly two-thirds of Americans in more for prescription drugs or even ra- Mr. SCHUMER. Mr. President, as the nursing homes rely on Medicaid. This tion care. So that is another Trump House continues to rush through its cut goes right after seniors and could promise broken. He was going to work plan to repeal and replace the Afford- make it more difficult if you are a 45- on getting costs lowered immediately, able Care Act, I just want to point out or 50-year-old with a parent in a nurs- but not in his bill he introduced a few once again how different this bill is ing home. You would be faced with a weeks later. It might, indeed, raise from what the President has promised. horrible choice: Take your parent out prices for the cost of drugs for average For a while now, I have spoken about of the home and not give them the care Americans.

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.001 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 13, 2017 CONGRESSIONAL RECORD — SENATE S1755 In a broader sense, TrumpCare vio- this mess of a bill will badly hurt mil- EXECUTIVE SESSION lates what this President promised to lions of Americans. Even though we working Americans. He promised to be disagree on the substance, I would echo a champion for working Americans. He my friend from Arkansas, Senator COT- EXECUTIVE CALENDAR promised to be their voice. That is how TON, in saying to House Republicans: The PRESIDING OFFICER. Under he presented himself in his inaugural Stop and think about this. You can the previous order, the Senate will pro- address. But TrumpCare would hurt drop ‘‘repeal’’ and come talk to us ceed to executive session to resume working Americans the most, making Democrats about reasonable fixes to consideration of the following nomina- them pay more for less care. the Affordable Care Act instead of tion, which the clerk will report. It seems the only people who really blindly moving forward with this sham The senior assistant legislative clerk benefit, the only group who benefits fi- of a bill. That would be a much better read the nomination of Seema Verma, nancially—if you are in the top 0.1 per- way for your party and for our country. of Indiana, to be Administrator of the cent of earners, TrumpCare gives you a Centers for Medicare and Medicaid nearly $200,000 tax break, on average. f Services. This is the group who benefits. They The PRESIDING OFFICER. The Sen- ator from Utah. may not be the only group, but they BUDGET RIDER are the group who benefits the most, Mr. HATCH. Mr. President, I rise far and away. If you are in the middle Mr. SCHUMER. Mr. President, one today to speak in favor of the nomina- class, if you are struggling to make it final point on another matter. Today, tion of Seema Verma to serve as the into the working class, if you are older the Democratic leadership of the Sen- Administrator of the Centers for Medi- or from a rural area, your costs are ate sent a letter to Leader MCCONNELL care and Medicaid Services. I think we can all agree that this is going to go up by thousands of dollars and Chairman COCHRAN. We, of course, a critical time for healthcare in Amer- a year. So many of these people voted laid out our concerns about the budget ica. Health costs continue to rise, and for Trump for President, but the only and reiterated the guiding rules that helped us pass a budget for the first patients face growing uncertainty over people who get that huge tax break of coverage. At the same time, the health an average of $200,000 a year are the top time in a while last year. We believe that we should stick to the spending of too many Americans continues to 0.1 percent. In a very real sense, Donald decline, healthcare costs continue to Trump is giving a huge tax break to levels that were agreed to in December, that we should maintain a parity be- grow, and millions of new baby the wealthy and then making working boomers are becoming eligible for Americans, average Americans, pay for tween defense and nondefense, and that there should be no poison pill riders. Medicare each and every year. it. To some, it might seem that the I might add, you heard the minority whole purpose of TrumpCare is to give It is rumored that one of those poison pill riders might be a supplemental leader talk today as if Democrats have that huge tax break to the wealthy. had nothing to do with all of this mess. In his inaugural address, President added to the CR that would call for paying for President Trump’s wall. Much to the contrary. Congress and Trump spoke of an America where for our new President face intense pressure far too long a small group has reaped That will not stand. The President wants a wall but has to address these challenges, and the the rewards of government, while the stakes are very high. I am confident people have borne the cost. TrumpCare not answered so many questions about it. What about eminent domain and the that Ms. Verma is up for that chal- seems designed to fulfill that vision, lenge. She has over two decades of ex- not alter it. It makes it even easier on procedures to acquire land from private landowners? What is the design of the perience working with State that small group, shifting even more healthcare and industry leaders to re- costs onto the people. wall? Where is it going to be located? How is it going to be paid for, and how form and improve services for the most So the first few months of the Trump vulnerable members of our community. much will it cost? Don’t you think we administration have been broken prom- Ms. Verma’s experience as an entre- ought to give the President some time ise after broken promise to working preneur and industry leader allowed to have Mexico pay for the wall? That families. Trump’s words: We are going her to work extensively on a wide vari- is what he said throughout his cam- to help working America, middle-class ety of policy and strategic projects in- paign, that Mexico will pay for it. America. Trump’s action: Take the volving Medicaid, insurance, and public That is why both Democratic and Re- burden off the shoulders of the top 1 health in conjunction with the Indiana publican Members of Congress who rep- percent and put them on the shoulders Governor’s office, State Medicaid agen- resent the border States object to this of all other Americans. cies, State health departments, State wall. It will be inappropriate, in our TrumpCare might constitute the departments of insurance, the Federal greatest broken promise of them all. judgment, to insist on the inclusion of Government, and private companies That is why I expect our Republican such funding in a must-pass appropria- and foundations. She has had a tremen- leadership in the House is rushing this tions bill that is needed for the Repub- dous amount of experience in those bill through the Chamber. They don’t lican majority in the control of Con- areas, and I have every confidence that want the American people to see it and gress to avert a government shutdown. she will be a great leader. There are learn what is in it. I don’t think they It is truly a poison pill. We would urge few professionals in the country who want their own Members to have much our colleagues not to allow the Presi- have her level of close relationships time to consider it. That is why it was dent to include this in a must-pass bill with State leaders that will be critical released on a Monday and a vote in that avoids a shutdown of the govern- as Congress and the administration committee was scheduled just a few ment. work to repeal and replace the Afford- days later. Already the bill has gone I yield the floor. able Care Act—the so-called Affordable through one committee markup in the Care Act; it is anything but affordable. House without a score from CBO. f Medicaid represents an enormous After years of criticizing Democrats burden on State budgets, and we now for rushing through healthcare, after RESERVATION OF LEADER TIME have an unprecedented opportunity to chanting ‘‘read the bill’’ over and over The PRESIDING OFFICER. Under reform a Federal entitlement program again, Republicans are trying to pass the previous order, the leadership time long in need of structural changes. Ms. their healthcare plan in 2 months, is reserved. Verma is the ideal candidate to oversee when Democrats took almost a full the reform of the Medicaid Program year to debate and pass the Affordable f and take steps administratively to give Care Act. States the flexibility they have been Even Republican Senators like my clamoring for. friend from Arkansas, Mr. COTTON, are CONCLUSION OF MORNING In Indiana, Ms. Verma worked with telling their colleagues in the House to BUSINESS Governors Daniels and Pence to design pause and start over. The Republicans The PRESIDING OFFICER. Morning a Medicaid expansion program that ex- in the House ought to listen because business is closed. tended health coverage to nearly

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.003 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1756 CONGRESSIONAL RECORD — SENATE March 13, 2017 400,000 low-income working Americans. the expertise to create a healthcare has to answer that question, and the She did so in a way that empowered law that this country needs and im- Attorney General can. people to take greater responsibility prove the lives of the 100 million Amer- NOMINATION OF DAVID FRIEDMAN for their own health by providing in- icans covered by Medicare and Med- Mr. President, the Senate will soon centives to use healthcare resources ef- icaid. consider the nomination of David ficiently. The program ensured that At a time when the healthcare chal- Friedman to be U.S. Ambassador to many people got health care coverage lenges we face are very real and ex- Israel. Unlike several of President for the first time. Now this innovative tremely complex, our Nation needs Trump’s other nominees, we know a program has become a national model leaders, like Ms. Verma, who have dem- great deal about Mr. Friedman’s views for other States. onstrated their ability to deliver re- on the challenges he would confront if Ms. Verma’s experience will be in- sults. he were confirmed. Unfortunately, this valuable as we work together to im- I know that many people have dif- is because he has made a career of dis- prove healthcare across the country ferent ideas about the best direction paraging and inflammatory statements and bring down the costs thereof. In for the Medicare and Medicaid Pro- about U.S. policy in the Middle East, addition to her work in Indiana, Ms. grams and how we should meet the about former U.S. officials, about the Verma has developed several other complex challenges facing CMS. While Palestinians, even about American Medicaid reform programs, including we can disagree on policy, we should Jews who have views that differ from 1,115 Medicaid waivers for Iowa, Ohio, all agree that the agency needs smart, his own. and Kentucky. Her firm helped design experienced leadership at its helm. We have all had the opportunity to Tennessee’s coverage expansion pro- That being the case, I urge all of my read articles Mr. Friedman has writ- posal and also provided technical as- colleagues to join me in supporting Ms. ten. We have heard the outrageous, un- sistance to Michigan when the State Verma’s nomination to this important founded verbal attacks he has launched implemented its Medicaid waiver. She position. I personally am very grateful against those who disagree with him. also helped guide the transition of that she is willing to dive into this He has written falsely that President Iowa’s Medicaid Program to a managed very difficult process and these prob- Obama and Secretary Kerry engaged in care program and supported strategy lems right in the middle of politics ‘‘blatant anti-Semitism,’’ that the lib- efforts for Maine’s Medicaid plan. being played and that she is willing to eral American Jews are ‘‘far worse Having dealt with CMS in her capac- do the job America needs at this par- than kapos,’’ and that they ‘‘suffer a ity as a consultant working on these ticular time, especially for those who cognitive disconnect in identifying myriad projects, she knows firsthand need healthcare. good and evil,’’ that the State Depart- what is needed to make the programs With that, Mr. President, I suggest ment has a ‘‘hundred-year history of work effectively. Her job as CMS Ad- the absence of a quorum. anti-Semitism,’’ because diplomats ap- ministrator will not be easy, and that The PRESIDING OFFICER. The pointed by both Republican Presidents is a heck of an understatement. clerk will call the roll. and Democratic Presidents have not al- CMS is the world’s largest health in- The bill clerk proceeded to call the ways seen eye-to-eye on every issue surer. It has a budget of over $1 trillion roll. with Israel’s leaders. He has said that and processes over 1.2 billion claims a Mr. LEAHY. Mr. President, I ask Israel’s policy of ‘‘criticizing disloyal year for services provided to some of unanimous consent that the order for Arab citizens while simultaneously be- our Nation’s most vulnerable citizens the quorum call be rescinded. stowing upon them the benefits of citi- receiving Medicare and Medicaid. As The PRESIDING OFFICER. Without zenship simply isn’t working.’’ such, this is a critical agency, and we objection, it is so ordered. Well, those comments alone should need a qualified, dedicated leader at WIRETAPPING ALLEGATION disqualify him for this sensitive posi- the helm. She is certainly that. Mr. LEAHY. Mr. President, there are tion, and it is no surprise that tens of In addition to ensuring that Medicare a couple of issues that I will speak on, thousands of Americans have signed and Medicaid work effectively, Ms. but I was asked earlier this morning petitions circulated by pro-Israel Verma will also be charged with help- about what President Trump has groups opposing his nomination. ing to ensure the longevity and sol- tweeted, basically charging former Mr. Friedman has also raised mil- vency of the Medicare trust fund, President Obama with having spied on lions of dollars for Israeli settlers, and which is projected to go bankrupt in him in a way that would be plainly ille- he has bragged about the effort to re- the year 2028. Maintaining the solvency gal. Of course, President Obama’s ad- move the two-state solution from the of the Medicare Program while con- visers have denied any such thing hap- Republican Party’s platform, even tinuing to provide care for an ever-in- pened. If it did happen, of course, it though Democratic and Republican creasing beneficiary base is going to would be a grave constitutional issue, Presidents have supported it. Regard- require creative solutions, skillful ad- and if such a thing did happen, it would ing the two-state solution, he wrote: ministration, and a lot of knowledge be criminal conduct. Now, many people ‘‘It is more of an illusion that serves and experience. are saying: Well, is it true or not? Was the worst intentions of both the United All told, between now and 2030, 76 Mr. Trump telling the truth in the States and the Palestinian Arabs,’’ in million baby boomers will become eli- tweet or not? There is a very simple re- one of the many articles he has written gible for Medicare. Even factoring in sponse on this. There is one person who for a rightwing Israeli media outlet. deaths over that period, the program knows whether it is true or not, and he That unequivocal renunciation of long- will grow from approximately 47 mil- has been totally silent on this. standing U.S. policy should also by lion beneficiaries today to roughly 80 They asked Attorney General Ses- itself disqualify him from the job of million beneficiaries in 2030. This will sions. Attorney General Sessions made Ambassador to Israel. also create challenges that will require it very clear in his confirmation hear- These statements and actions not steady leadership and, at times, deci- ing—well, he said a number of things in only indicate his rejection of decades sive action. his confirmation hearing, but one was, of Republican and Democratic policy. I believe Ms. Verma is especially of course, that he would be inde- They are the words of someone who qualified to lead CMS and modernize pendent. President Trump has leveled makes a mockery of the term ‘‘dip- its programs to increase its effective- very serious charges against former lomat’’ and who has demonstrated no ness of healthcare delivery. She brings President Obama. I happen to feel the ability to be objective and constructive the experience and, importantly, bipar- charges are false, but let’s have a defin- on sensitive issues of immense impor- tisan solutions that can and should itive voice. The Attorney General tance to U.S. security. unite people across the political spec- should have the courage and independ- Our diplomats are supposed to be rep- trum in addressing some of the great- ence to simply say whether Mr. Trump resenting the American people and the est challenges in our healthcare sys- is telling the truth or not. It is a very policies of the United States first and tem. simple matter. I would hope that the foremost. They are not sent to a for- Ms. Verma has a keen understanding press and everybody else would keep eign country to represent the govern- of patients’ needs. She certainly has asking because eventually somebody ment or people of that country in a

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.004 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 13, 2017 CONGRESSIONAL RECORD — SENATE S1757 manner that is inconsistent with U.S. I do not see how anyone could con- try’s history and people and believing policies and U.S. interests. They are clude that Mr. Friedman possesses the that one’s own personal ambition and there to represent us. requisite temperament, nor am I con- that country’s interests are inex- Mr. Friedman is certainly entitled to vinced that he appreciates the critical tricably linked. Mr. Friedman’s re- his own views as a private citizen, even distinction between the interests of our markable confirmation conversion falls if they are offensive and counter to country, the United States, and the pa- far short of convincing evidence that U.S. interests and values. But can any- rochial interests of an extreme con- changing his title to ‘‘Ambassador’’ one honestly say that this nominee is stituency in Israel who he has fiercely will cause him to divorce his life’s qualified or suited to represent the advocated for over the course of his work and objectively serve the na- American people in Israel? long career. tional interests of the United States. Five former U.S. Ambassadors to Indeed, it is telling that the spokes- If Mr. Friedman is confirmed, he Israel who served under Republican and man for Beit El, the Israeli settlement should immediately untangle his busi- Democratic Presidents—from Ronald that Mr. Friedman has supported fi- ness and personal interests in Israel Reagan to Barack Obama—are among nancially for years, said its inhabitants and commit to being the representative the thousands of Americans who say would regard him as their representa- of all Americans—conservative and lib- that the answer to that questions is no. tive in the United States. These are eral Jews, conservative and liberal We are being asked to reconcile Mr. Israelis. Their representative in the non-Jews—and being a genuine partner Friedman’s record, his personal views, United States is the Israeli Ambas- in efforts to promote security and sta- and his deep ties to extreme factions in sador. It is not the role of a U.S. Am- bility for Israelis and Palestinians Israel with his responsibility to objec- bassador to represent another country, alike, not just because it is in their in- tively advance and defend U.S. inter- but that is how Mr. Friedman is per- terests, but because it is in the interest ests. Unless one believes, as he has received in Israel because that is the way of the United States. peatedly made clear he does, that the he has behaved. We all want what is best for the interests of the United States are al- Every U.S. President has understood American people. We also share a de- ways identical to Israel’s, there is no the importance and the heightened sen- sire to find a viable solution to the way Mr. Friedman should be con- sitivity of this post, and they chose Israeli-Palestinian conflict that pro- firmed. their nominees accordingly—both Re- tects the rights and security of both For as long as I have been in the Sen- publican and Democratic Presidents— peoples. Neither goal can be achieved ate—and I note that is longer than any- until now. That is why every previous by pursuing policies that further in- body who is serving here now—I cannot nominee to be Ambassador to Israel flame tensions in the region and erode recall a time when we were not at a has been confirmed by a voice vote or the role of the United States as an hon- critical point in our relations with by unanimous consent, while Mr. est broker for peace. There are a large Israel, not because of doubts about the Friedman was voted out by a narrow 12 number of qualified Americans from enduring value of the relationship but to 9—largely party line vote—in the both parties who could capably support as a reflection of the importance of the Foreign Relations Committee. that role. Mr. Friedman is not among deep partnership between our govern- Mr. Friedman’s confirmation hearing them. provided him the opportunity to as- ments and our people—a deep partner- NOMINATION OF NEIL GORSUCH ship that we have all supported and suage concerns about his divisiveness, Mr. President, on another matter, that Republican and Democratic Presi- including the many disparaging re- this week is Sunshine Week. It is a dents have supported. Most impor- marks he has made and his close iden- time when we rededicate ourselves to tantly, it is a result of our conviction tification with and support for the transparency in government. It is im- that security, stability, and prosperity Israeli settler movement. portant to all of us. We celebrate one of During the hearing he renounced his in Israel and the wider region are im- our Nation’s most defining characteris- undiplomatic language, suggesting it portant to our own national security. tics: that a government of, for, and by was delivered in the heat of the elec- That is why President Obama signed the people does not operate in secret. tion cycle and in his capacity as a pri- a memorandum of understanding with Our democracy depends on an informed vate citizen. In fact, he recanted so Israel that included the single largest much of what he had said—which far public, and it is critical that public of- pledge of U.S. military aid to any coun- predates the election cycle—that For- ficials be truthful with the American try—to any country anywhere in the eign Relations Committee Chairman people; yet we are not even 2 months world, ever—and why both Democratic into this Presidency, and it is clear CORKER asked why he was willing to and Republican administrations have disavow so much of his past record in that the administration is not meeting put so much effort into pursuing peace order to earn the committee’s support. that standard. between Israelis and Palestinians. In response, Mr. Friedman described The Attorney General has yet to An alliance as longstanding as ours the role of the U.S. Ambassador to come forward and tell us whether the with Israel, which has far-reaching Israel as ‘‘the fulfillment of a life’s President was telling the truth when consequences for the entire Middle dream, of a life’s work, of a life of he accused President Obama of break- East and beyond, requires effective study of the people, the culture, the ing the law and spying on him, and the daily management by an experienced politics of Israeli society.’’ President’s nominees have shown a real diplomat who has not only knowledge I would say two things about that. and stunning indifference to the truth. of the region but the necessary tem- One, I recall a nominee for another po- His nominees to lead the Treasury De- perament and appreciation of our coun- sition who, when asked questions about partment, the EPA, HHS, and the Jus- try’s short- and long-term interests. extreme positions he had taken for tice Department have all misled Con- I was here when President Sadat and years, started disavowing them all, and gress while testifying under oath. Prime Minister Begin negotiated what I finally asked him: Are you having a I am disturbed that Senate Repub- was a very difficult peace agreement confirmation conversion? That nomi- licans continue to look the other way. between the two of them, with both of nee—the nominee of a Republican At some point, they must put country them putting the interests of the re- President—when he came before the over party. But as these new officials gion first. That agreement has lasted. I Senate, was defeated because of Repub- take control of their agencies, I remind also remember when Prime Minister lican votes, as well as Democratic them that our laws demand an open Rabin and King Hussein of Jordan— votes. and transparent government. Last who had fought against each other— I always worry about a confirmation year, Congress took a strong step to re- personally negotiated a peace agree- conversion. When a nominee rejects affirm our commitment to an open gov- ment, and the United States strongly years and years of deeply held beliefs ernment. We passed the FOIA Improve- supported that. In fact, I was privileged during those 2 or 3 days of the con- ment Act, which is a bipartisan bill. I to be there when they signed the agree- firmation hearing, I wonder how long it coauthored it with the deputy Repub- ment at Aqaba, as I was present when will last. lican leader, Senator CORNYN of Texas. Prime Minister Begin and President There is an important distinction be- It was the most significant reform to Sadat signed their agreement. tween knowing and respecting a coun- the Freedom of Information Act in

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.006 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1758 CONGRESSIONAL RECORD — SENATE March 13, 2017 over 50 years. It codified the ‘‘presump- this way. The President’s top adviser made to the healthcare system in tion of openness.’’ It put the force of then assured attendees at a conserv- America, which represents a dramatic law behind the notion that sunshine, ative conference that they knew Judge portion of our economy, could have a not secrecy, is the default setting of Gorsuch has ‘‘the vision of Donald very negative impact on the real lives our government. Given what we have Trump.’’ That is the same Donald of people across my State and across seen thus far from this administra- Trump, of course, who called the media the Nation. tion’s nominees, transparency, ac- the ‘‘enemy of the American people.’’ Hospital administrators were there countability, and open government are The President could not be more to talk about this issue. Swedish Cov- more important than ever. wrong. enant is one of the hospitals well I hope next week, when the Presi- As we note during Sunshine Week, known and respected in the area; OSF dent’s Supreme Court nominee will ap- our Constitution provides for the free- as well, and the administrators of both pear before the Senate Judiciary Com- dom of the press because a democracy of these hospitals talked about the neg- mittee, he provides transparent, truth- cannot survive without it. Citing ative impacts of cutting back Medicaid ful answers to Senators’ questions. James Madison, the Supreme Court in coverage. I will insist on real answers from New York Times v. Sullivan described What the Republicans are suggesting Judge Neil Gorsuch because there are the ‘‘public discussion of the steward- in their proposal is that the expansion real concerns about his record and his ship of public officials’’ as ‘‘a funda- of Medicaid to provide health insur- judicial philosophy. Judge Gorsuch mental principle of the American form ance for low-income Americans would went to some of the world’s best uni- of government.’’ continue until 2020 and then be cut off, versities—Columbia, Harvard, Oxford— It was Supreme Court Justice Louis and, they would argue, we will make it so it is not surprising that he knows Brandeis, a staunch believer in open more cost efficient. We will let the how to make a good impression, but government, who famously said that Governors come up with alternatives. that cannot be the standard for a Su- sunlight is the best disinfectant. It is Well, the Governors aren’t very happy preme Court nominee. The U.S. Senate often the press that shines the sunlight with this because they know the cost cannot simply rubberstamp a nominee in dark corners where we need it most. of healthcare continues to go up and because he went to the right schools It serves as a critical check on our gov- they are fearful that when you try to and looks good on TV. ernment. It shines a light on corrup- put this all together, the net result is Neil Gorsuch has been a judge for tion, exploitation, and excess. My par- fewer people covered by Medicaid. over 10 years, and it is clear from his ents owned a weekly newspaper before Over 600,000 people, because of writings on and off the bench that he they started their printing business. I ObamaCare—the Affordable Care Act— has a well-developed judicial philos- was brought up to believe in the impor- in Illinois now have health insurance. ophy. He appears to strongly identify tance of the First Amendment. I ques- Who are they? Well, I met Ray as an originalist, in the mold of Justice tion whether a Justice with ‘‘the vision Romanowski. Ray, a big Polish Amer- Scalia or Justice Thomas. It has been of Donald Trump’’ would uphold the ican fellow from Chicago, is a musi- more than 25 years since an originalist freedom of the press. cian, and he has made most of his in- was nominated to the Supreme Court, Sunshine Week’s emphasis on trans- come during his life doing work as a so I expect that Senators will want to parency will not be just this week; it musician. Ray Romanowski, in his 60s understand how Judge Gorsuch would should continue into the hearings next today, has never had health insurance apply his philosophy to the cases that week. The Supreme Court has been the until now. Because of the Affordable would come before him, if he is con- least transparent part of our govern- Care Act, he qualifies for Medicaid, and firmed to the Supreme Court. Would he ment, and these hearings will be one of because he has Medicaid—he patted his rule in the same way as originalists the only opportunities for the Amer- wallet and said: I finally have that card like Justice Scalia, Justice Thomas, ican people to get a glimpse into the in my wallet where I can walk into a and Judge Bork, who have been deeply institution that protects their most es- hospital or a clinic and get good treat- hostile to the individual rights and lib- sential rights. There are real questions ment. erties protected by our Constitution? I about the kind of Justice Neil Gorsuch It is the first time in his life, and he want to hear directly from him on this would be. He needs to answer them is in his sixties. important question. openly and honestly, not with the Judy is a friend of mine in Southern It is one thing for legal academics to kinds of dodges and misrepresentations Illinois, and she works at local motels debate their preferred theories, includ- we have heard from other Trump nomi- there—in hospitality—at places where ing originalism. But the Supreme nees. they serve breakfast to you. She gets Court is not a debating society that Mr. President, I suggest the absence up early in the morning. She is a hard- deals in abstractions—its decisions af- of a quorum. working lady. It is the kind of job she fect every one of us. Our Federal courts The PRESIDING OFFICER. The has had her entire life, and she never, are where Americans go to have their clerk will call the roll. ever had health insurance—not once. rights vindicated, whether against big The legislative clerk proceeded to She worked 20, 30, 40 hours a week, corporations or the government itself. call the roll. sometimes two different jobs, but never Our Federal courts do not exist so that Mr. DURBIN. Mr. President, I ask with health insurance. Now she has it judges have a place to propound their unanimous consent that the order for because of the Affordable Care Act, and particular philosophies. the quorum call be rescinded thank goodness she does because she I want to make sure that Judge The PRESIDING OFFICER. Without has been diagnosed with diabetes and Gorsuch understands that distinction, objection, it is so ordered. she needs that kind of care. and I want to understand just how his REPUBLICAN HEALTHCARE BILL So what happened before, when peo- philosophy would have been applied to Mr. DURBIN. Mr. President, last Fri- ple like Ray and Judy got sick? Before important cases. For example, how day, I went to Rockford, IL, and had a the Affordable Care Act, they would would someone with his philosophy roundtable discussion about show up in the hospital, go to the have ruled in cases upholding funda- healthcare. There is a lot of debate emergency room, and they would get mental rights, such as Miranda rights, about healthcare in the Congress and treatment, but they wouldn’t be able a woman’s right to make her own med- certainly in Washington. What I have to pay for it. What happens to those ex- ical decisions, and marriage equality? tried to do is to take this issue home penses at hospitals, under the old way We also cannot ignore the fact that and ask the people who actually are re- of doing things? They are passed along. Judge Gorsuch was nominated by sponsible for providing healthcare, and The rest of us pay. Anyone who has President Trump only after being vet- the people I represent, what they think health insurance and goes in for treat- ted by extreme interest groups who did about the new Republican alternative ment, part of it is going to be what all of that in secret. They are certainly to the Affordable Care Act. What I your treatment is or for your family; not transparent. It is alarming and un- found is that with virtually no excep- the other part is to make up the dif- precedented for a President to tions, they are all gravely concerned ference for charity care, uncompen- outsource the nomination process in that the changes that are going to be sated care.

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.008 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 13, 2017 CONGRESSIONAL RECORD — SENATE S1759 Now the Republicans believe they This bill will be scored this week by tax cut because of the Republican pro- have a new idea: Let’s restrict access the Congressional Budget Office. It was posal for this new health insurance ap- to Medicaid. Let’s restrict the health interesting to watch the Sunday shows proach. If you happen to be in the insurance that is available to people and watch the procession of Repub- wealthiest 0.1 percent of Americans, like Ray and Judy. Well, they are still licans calling themselves fiscal con- the average tax cut is nearly $200,000. going to get sick, and they are still servatives who came in and discounted They just can’t help themselves. going to come to the hospital, and any conclusions from the Congres- We put together a revenue source so their costs are going to be passed along sional Budget Office. Interesting. that we could dramatically expand to others. When we wrote the Affordable Care health insurance coverage in this Na- The Speaker of the House, PAUL Act, we waited sometimes for weeks for tion. We now have the lowest percent- RYAN, a neighbor from the State of the Congressional Budget Office to give age of uninsured Americans in our his- Wisconsin, said that it is all about us a score: Is this bill going to add to tory, and the Republicans—because competition and choice. Well, when it the deficit or reduce the deficit? We they are opposed to it—have said: We came to competition and choice, Ray had to wait to find out. Is this bill are going to cut the taxes that help and Judy didn’t have a chance. They going to cover more people with health people pay for their health insurance, just didn’t make enough money. But insurance or not? We had to wait to and we are going to reduce the options they did get coverage under the Afford- find out. But the Republicans went that are available to them. So for able Care Act, and they stand to see ahead with their proposal without a Americans, it means less coverage, that coverage endangered, if not lost, Congressional Budget Office score, and higher costs. under this new approach. what they have done over the weekend We will see when it goes to the House We also had representatives of the is downplay the credibility of an office of Representatives on the floor. The nursing association in Illinois. These which Democrats and Republicans have most conservative Republicans don’t are women and men who are the most relied on for decades. It shows that like it; certainly the Democrats don’t respected medical providers. Just take they are very concerned. I think they like it. The question is whether Speak- a look and ask whether people have know what they are going to find. They er PAUL RYAN has enough votes. It has higher respect for doctors or whom- are afraid it is going to add to the def- united America. The Republican ap- ever; it is always the nurses, No. 1, be- icit and it is going to dramatically reproach has united America, in opposi- cause the nurses are the ones who are duce health insurance for Americans. tion. I don’t know of a major health- there day in and day out, hour after There are some who estimate that 10 providing group that supports it—not hour, in the hospital rooms with the million to 15 million Americans could one; not doctors, not hospitals, not people we love who desperately need lose their health insurance. That is clinics, not AARP. Patients’ groups all medical care. The nurses are opposed half of all of those in the past 6 years say the same thing about TrumpCare. to this Republican replacement plan as who have gained health insurance. It The American Medical Association well. would also increase out-of-pocket said: The doctors—the American Medical healthcare costs for the average per- We cannot support the [bill] as drafted be- Association and the Illinois State Med- son—the Republican plan would—by cause of the expected decline in health insur- ical Society—are also opposed to it be- $1,500 a year, seniors paying approxi- ance coverage and the potential harm it cause they looked at the Republican mately $5,000 more a year because of would cause to vulnerable patient populations. competition and choice alternative and that 5-to-1 premium change that I men- said that at the end of the day, fewer tioned earlier. It would basically end The American Medical Association people will have health insurance and Medicaid as we know it. goes on to say: the costs will go up dramatically for The Governors are telling us that We are concerned with the proposed roll- some. We had a representative of the this is a bad idea because it would shift back of the Medicaid expansion. . . . Med- American Association of Retired Per- icaid expansion has proven highly successful the cost onto the families and to the in providing coverage for lower income indi- sons there, and they are especially op- Governors to find ways to save money. viduals. posed to it. Why? We had a provision in It would shorten the solvency of the The AMA cannot support provisions that the Affordable Care Act which said Medicare trust fund by 4 years. repeal the Prevention and Public Health that the disparity in premiums can It would allow insurers to once again Trust Fund . . . and we cannot support pro- never be more than 3 to 1. Well, the Re- charge older people significantly more visions that prevent Americans from choos- publicans decided as part of their re- than younger people for health insuring to receive care from physicians and placement to make that 5 to 1. Who is ance. qualified providers . . . [including] those associated with Planned Parenthood affiliates. going to pay five times instead of three And—Republicans added a little times the base premium? Seniors, grace note there—they defund Planned The American Medical Association is those over the age of 55. The Repub- Parenthood and cut 12 percent of the saying to the Republicans that they re- licans built this into their proposal, funding for the Centers for Disease ject their proposal for healthcare and and AARP has come out against it. Control and Prevention. is warning them not to cut off funding The second thing to go is—the Af- Here is something my colleagues may for Planned Parenthood. fordable Care Act has really brought not know. Because of family planning What does the American Hospital As- some savings to healthcare; we wish efforts in America, in the last 30 years, sociation say? there were more. But that savings in we are now at the lowest point in teen- We cannot support the [bill]— healthcare is translated into 10 more age pregnancies and the lowest point in the Republican bill— years of solvency for Medicare. Medi- unplanned pregnancies. So information in its current form. care is a lifeline for 40 million or 50 and education are paying off to reduce In addition to the lack of a CBO score, we million Americans. So we gave it 10 unwanted pregnancies, unplanned preg- have some additional policy concerns with the proposal. more years of solvency with the nancies, and, I might add, the likeli- For example, it appears that the effort to changes in the Affordable Care Act. hood of abortions. So now, as the Re- restructure the Medicaid program will have Now we are waiting for a score from publicans say we are going to defund the effect of making significant reductions the Congressional Budget Office, but Planned Parenthood for hundreds of in a program that provides services to our the early indications are we are going thousands of women, that means stop- most vulnerable populations. to lose 4 years of solvency in Medicare ping their access to the healthcare That is from the American Hospital because the Republicans want to bring they trust across America. So in the Association. They estimate that in our in ‘‘competition and choice.’’ It turns name of choice, the Republican plan re- State of Illinois, we could lose up to out that phrase is not going to be good duces choices for women when it comes 90,000 jobs by repealing the Affordable for the future of Medicare—one of the to healthcare by defunding Planned Care Act without a suitable sub- other reasons the American Associa- Parenthood. stitute—90,000 jobs in my State. Presi- tion of Retired Persons opposes the Re- To top it off, the bill cuts taxes for dent Trump made a lot of news when publican proposal to replace the Af- the very wealthy. Those making over he went to visit one of the manufac- fordable Care Act. $1 million a year in income get a $50,000 turing companies after he was first

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.009 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1760 CONGRESSIONAL RECORD — SENATE March 13, 2017 sworn in and saved a couple hundred I was surprised last week when the lic, said expressly that the Russian in- jobs. Well, I am glad he saved those Republican Governor of Illinois, Bruce tent was to defeat Hillary Clinton and jobs. I hope he saves a lot more. But if Rauner, said of the Republican plan: to elect Donald Trump. I quickly add, he is going to eliminate 90,000 jobs in ‘‘My first blush read is Illinois won’t do this was not a report from the Demo- my State—people who work at hos- very well under the changes that cratic National Committee; it was a re- pitals, some of the best-paying jobs in they’re recommending.’’ port from our intelligence agencies. downstate communities—for goodness He is very careful not to say things They went through all the efforts sake, that isn’t hiring American. It about Federal legislation. This he un- taken by the Republicans when they isn’t really focusing on creating jobs in derstands: Cutting back on Medicaid is were hacking into computers and re- this country. It is just the opposite. going to impose a new debt on our leasing information during the course Here is what the American Nurses State and reduce coverage for hundreds of the campaign. Association says about the Republican of thousands of people in our State. I think this is serious business. It is bill: So we said to the Republicans: You the first time I know of that a foreign [The bill] threatens health care afford- want to repeal the Affordable Care Act; power has tried to influence the out- ability, access, and delivery for individuals you have been dead set on doing this come of an American Presidential elec- across the nation. . . . [T]he bill changes for 6 years. Please come up with an al- tion. People in Eastern Europe and Medicaid to a per capita cap funding model, ternative that at least expands the cov- people in many parts of this world are eliminates the Prevention . . . Fund, restricts millions of women from access to erage of health insurance and makes it used to the Russians getting involved critical health services, repeals income based more affordable. They tried, and they in their campaigns, trying to run their subsidies that millions of people rely on. failed. But now they are going to push favorite candidates and elect them. We These changes in no way will improve care it through as a matter of showing po- shouldn’t have to put up with that in for the American people. litical purity. They don’t care that the United States of America, so many What about the U.S. Conference of there is not a single group of medical of us have called for a real investiga- Mayors? Here is what they said: providers in this country who support tion of what the Russians were up to. States will be forced to end coverage and their plan. They obviously don’t care I think we ought to have a bipartisan eliminate health care for low-income sen- that the American Association of Re- commission—an independent, trans- iors, people with disabilities, children, and tired Persons believes this is not good parent commission to look into the in- working families. for seniors across the board. volvement of the Russians; otherwise, The GOP plan is bad for cities, bad for peo- I heard the Director of OMB say: Oh, we are sitting ducks for them to try it ple who live in cities and bad for people who provide healthcare in cities. that group—they are going to end up again 2 years from now, in the next It is interesting. We had a represent- opposing this and then they are going election. We know—and this is public ative at a Rockford meeting of the dis- to ask people to donate. Well, it is true information—there were at least 1,000 abled community. They are scared to that they live on donations. But they people sitting at computers in Moscow, death of this Republican alternative are taking a bold position in saying trying to hack into America to try to because these folks many times are in that the Republican approach is going find enough information that they serious need of very expensive to hurt seniors across America. Talk to could release to influence the outcome healthcare. If they are pushed off into the disability community, and you will of the election. They are not going to these so-called money-saving insurance hear exactly the same thing. Talk to quit. They are going to continue to do plans that really are empty inside and the advocates for children. this. The question is, What will we do don’t provide coverage, it could be dev- I am really looking for the first about it? astating to these families. They have group to stand up and say that this We have already seen the National been through it over and over. new Republican approach is good for Security Advisor to the President, The American Association of Retired this country or good for people when it General Flynn, resign when he misled Persons said: comes to the cost or availability of the American people and Vice Presi- This Republican bill would weaken Medi- health insurance, and I haven’t found dent PENCE about conversations he had care’s fiscal sustainability, dramatically in- it yet. I don’t know what they are with the Russians. Just 2 weeks ago, crease health care costs for Americans aged waiting on, but they can’t produce it. we saw that the Attorney General of 50–64 and put at risk the health care of mil- What we are looking for is just the the United States, Jeff Sessions, lions of children and adults with disabilities, opposite. If you will take repeal of the recused himself from investigations in- and poor seniors who depend on the Medicaid Affordable Care Act off the table, I will volving Russia in the campaign be- program for long-term services and supports. pull up a chair. It is not perfect, it can It could hasten the insolvency of Medicare cause of conversations he had had, by up to 4 years and diminish Medicare’s be improved, and I am ready to sit which he didn’t disclose before the Sen- ability to pay for services in the future. down and do it on a bipartisan basis. ate Judiciary Committee. I remember when Candidate Donald But it is ‘‘our way or the highway’’ Almost every week there are more Trump was telling us he would do noth- when it comes to the Republican ma- disturbing revelations emerging—not ing to hurt Medicare. Now the first jority on this bill. I hope we can do bet- by any honest or open disclosure, mind major piece of legislation that comes ter. I think the American people expect you, but about the curious alliance up threatens the solvency of Medicare. us to do better. among President Trump and the inner Here is what the National Committee At the end of the day, they want a circle and Vladimir Putin, if there were to Preserve Social Security and Medi- better healthcare system, not one that one. Key figures, such as the National care said: is worse—not one that supposedly gives Security Advisor I mentioned and the [We] oppose the . . . bill to repeal the Af- them ‘‘competition and choice,’’ yet current Attorney General, were caught fordable Care Act because it would weaken they have less coverage in their insur- not disclosing communications with Medicare’s solvency . . . threaten access to ance policies and end up paying more the Russians. Allied intelligence re- Medicaid long-term care benefits, and re- for it. portedly confirms that members of the quire ‘‘near seniors’’ to pay more for less CALLING FOR AN INDEPENDENT, BIPARTISAN Trump campaign had repeated commu- health care coverage. The . . . bill puts sen- COMMISSION nications with those thought to be in iors and people with disabilities at signifi- Mr. President, I have been coming to Russian intelligence. Close Trump as- cant risk of ending up uninsured or losing the floor recently to discuss the Rus- sociate Roger Stone appeared to have access to needed care. sian involvement in our last Presi- advance knowledge of when Russian- In my own State, the Illinois Health dential election. Remember that 2 hacked information of Hillary Clinton and Hospital Association says: months ago, some 14 different intel- was going to be released by WikiLeaks, [This organization] has serious concerns ligence agencies all came to the same something he presumably could have with the direction of the [bill]. It would cut coverage for hundreds of thousands of Illi- conclusion—that Vladimir Putin and known only if he was at least dis- noisans and impose a cap on . . . federal the Russians were trying to impact the cussing it with the Russian hackers. Medicaid funding—our state is unable to ab- outcome of the Presidential election. All the while, the administration has sorb funding cuts without impacting The intelligence reports, which were been saying nothing about Putin’s ac- healthcare for all patients. unclassified and available to the pub- tions, about this attack on the United

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.011 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 13, 2017 CONGRESSIONAL RECORD — SENATE S1761 States, or about Russia’s ongoing cyber we can trust. I mentioned General said with tears in his eyes: ‘‘Pat, it and military aggression in Europe. In Colin Powell, a man who served our took me 43 years to build up this oper- fact, instead of addressing and respond- country so honorably in the military, ation, and it took about an hour to ing to this Russian attack head-on, the then served in the Republican White take it all down.’’ Riding with Sheriff President has incredibly been parroting House, and then served as a Republican Ketron, we were assessing the town of Russian strategic interests instead. Secretary of State. I would accept Ashland, where a volunteer firefighting Let me repeat that from my largely Colin Powell as the head of a commis- force managed to save the town when silent Republican colleagues—and sion to get to the bottom of this beit became surrounded in flames. Some there have been a few exceptions, but cause it is a national security issue, volunteers were fighting fires else- most of them will not come to the floor which he has undoubtedly had some where in the area and learned their to even discuss this matter. The Amer- background in dealing with in years own homes had been engulfed and lost. ican President, the same party of Ron- gone by. I met with brave people in the towns ald Reagan, has failed to acknowledge There are many good people to turn of Englewood and Ashland, KS, in the this major attack on our Nation and to, but until we get the straight an- heart of Clark County, who had just has refused to take action in response. swers, we can expect the Russians to come through frightening experiences How is this possible? Why is the major- continue to try to find ways to invade fighting the unpredictable and ity party so silent in the face of these our political process. unstoppable fires. Some were out driv- major national security issues? Mr. President, I yield the floor. ing cattle away from the fires and had There is a simple way to resolve I suggest the absence of a quorum. become separated from loved ones. these questions: The PRESIDING OFFICER. The When the flames turned, they were left First, President Trump should do clerk will call the roll. to pray for their safety. what every Presidential candidate has The bill clerk proceeded to call the Kylene Scott, with the High Plains Journal, calls it ‘‘the worst day of her done in modern history and disclose his roll. life.’’ She wrote a courageous and hon- tax returns. Why won’t he do that? Mr. ROBERTS. Madam President, I est account of the day. I will read her What is in there that is so worrisome ask unanimous consent that the order words now: to him that he has defied all requests for the quorum call be rescinded. I think I had them going the right way, from media and from others across this The PRESIDING OFFICER (Mrs. ERNST). Without objection, it is so or- then the wind switched. Now I just don’t Nation for him to do exactly what know. When I heard the crack in my hus- every other Presidential candidate has dered. band’s voice yesterday afternoon, I knew it done? KANSAS WILDFIRES was bad. He is normally the calm, cool, col- The President should also be totally Mr. ROBERTS. Madam President, I lected one. cooperative with any investigation rise today to speak about the historical A family friend alerted him to the fire in about campaign contacts, including by and unprecedented wildfires that Clark County very near the Scott farm after we’d returned home from burying my Dad his former campaign manager Paul burned through southwest Kansas last yesterday. week. We had fires in 21 of our Kansas Manafort; Michael Flynn, his former Coming back from a funeral. National Security Advisor; and his counties, roughly one-fifth of our State. High winds and dry conditions When they said the closest neighbor was former foreign policy adviser, Carter being evacuated he went as quickly as he Page. How do we explain repeated re- caused fires of the highest classifica- could fearing for the cattle herd he’d worked ports of these contacts between that tion that blazed across central and the last five years to build following the campaign and Russian intelligence? western Kansas some 30 to 40 feet high, death of his own Dad. I stayed behind with The administration also needs to an- burning more than 700,000 acres of land, the boys at our house 40 miles away. swer questions about Roger Stone’s making this the largest wildfire in our When the wind switched at my house from State’s history. The Kansas Division of south/southwest to the north, I began to comments that suggest he had knowl- worry even more and called him. At this edge of WikiLeaks having and using, in Emergency Management has said it point he was waiting out the fire and smoke strategically timed releases around pe- could take weeks to determine the full in the wheat field, helplessly watching the riods when the campaign was strug- extent of devastation from the fires. house and barn burn. I wanted to be at the gling, the information that had been Clark County, KS, officials—that is the farm so bad, but there wasn’t much that hacked by the Russians. county that was the hardest hit—esti- could be done. When he made it home un- Tell us why the administration has mate a devastating loss of anywhere scathed I was pretty happy, but sad at the same time. Knowing there was nothing we criticized hundreds by Twitter when from 3,000 to 9,000 head of cattle. That could do to fix what it took for Mother Na- there is any perceived slight—from en- is just in one county. As I indicated, ture mere minutes to destroy. tire States to Major League Baseball to Clark County was the hardest hit by Fifty-two cows are on the farm, with about United Steelworkers—but not the Com- the windblown fires, with over 85 per- half or 3⁄4 of them with young calves. Most munist KGB agent who conducted an cent of the land in the county con- are accounted for. All the grass is gone, as is attack on our Nation and democracy. sumed by these prairie fires. This is the hay stockpile. He went and hauled water to the cows this morning and some are We need to know why they not only hundreds of thousands of acres in one scorched and others have udders with burns. repeatedly denied intelligence informa- county and over 700,000 in regard to our One cow was bawling for her missing calf. tion about Russian attacks but, in fact, State. ‘‘Those poor mommas,’’ was my text reply to in July of last year encouraged Russia On Friday, I drove south from Dodge him this morning. to hack into their opponent’s cam- City, KS, through range and ranchland I made my way early this afternoon to see paign. I didn’t even recognize. What used to the farm or what’s left of it with my own All of these things are being watched be gently rolling prairie, dotted with eyes. As bad as I wanted to be down there, a piece of me dreaded the drive. The closer I closely by nations around the world. herds of cattle and crisscrossed by got to the farm, the worse it got. Blowing Several weeks ago, I went over to Po- fencing, is now reduced to blackened dirt, darkening skies because of the dust and land, Lithuania, and Ukraine. One of dust. Friends of mine lost their ranch awful winds. I pulled in the drive, like I had the Polish leaders said to me: We’re when a 40-foot wall of fire roared out of done a hundred times in the nearly 20 years watching. If you don’t take the Russian the valley over the bluff and burned I have been part of the family, and I had to invasion of your Presidential election out their operation. We have unimagi- stop my vehicle. The tears came and the heartbreak overwhelmed me. seriously, how will you take the Rus- nable damage to land and property, but I thought of the old white farm house with sian invasion of our country seriously? also heart-wrenching scenes of cattle the wonderful front porch, where my hus- It is a legitimate question because the and wildlife burned, wounded, and wan- band spent a large majority of his childhood Russians are up to a strategy that we dering. in and around. My fondest memory is when have seen over and over again. This Many Kansans lost everything. Ac- we’d stop and see my husband’s Grandma time, the Americans were the victims. cording to Sheriff John Ketron of Clark Pauline. She’d always have something sweet to eat and a cold drink at the kitchen table. We need full cooperation by the County, 31 houses and over 440,000 acres The home had been around for 100 years and White House. We need an independent were burned there. We have longtime still had a large portion of the family mo- commission. I have suggested we pick friends there, John and Carol Swayze. mentos in it. It was reduced to ashes and people who are beyond reproach, people We have known them for years. John rubble. All that’s standing is the chimney.

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.013 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1762 CONGRESSIONAL RECORD — SENATE March 13, 2017 I couldn’t see the barn around the trees, culture with regard to assistance that committed to the Kansans I serve. but I again had to stop and sit when I pulled should be available to farmers and They know me. I know them. around the corner. The barn. The old barn ranchers in counties that have suffered I know that Clark County and the with its red siding. I remember when my fa- losses. other 20 counties will come back. We ther-in-law had it painted and how proud he Here is what we are trying to fix. was because it looked so good. I remember will ensure they get the help they need. when he laid the brick in front of the tack This fellow is walking across here to Ad astra per aspera—to the stars room and built a new door for it. My boys ex- that bluff that overlooks that valley through difficulty. It is not just a plored every inch of it when we worked that Spencer and Kylene looked over, motto; it is who we are. calves last fall. You could ‘‘almost’’ hear the and this fellow here is Chad Tenpenny, I yield the floor. horses munching in the stalls decades ago my top guy in Kansas. That is me with I suggest the absence of a quorum. when you stood in the center alley. Now it’s my hands in my pockets. It is pretty The PRESIDING OFFICER. The just a charred pile of tin. rough to see ground like this that was clerk will call the roll. I realize the house and barn are just build- grass and to look at the utter devasta- ings. Things can be replaced. But dang, it’s The bill clerk proceeded to call the so hard to see it all reduced to ashes and rub- tion. Folks, when that wind blows and roll. ble. To see part of the Scott family history, when that dust starts up again, we Mr. CORNYN. Madam President, I more than a hundred years, just be gone. could be in for even more trouble. So ask unanimous consent that the order Just like that. It’s hard. cleanup is under way, but we are trying for the quorum call be rescinded. We’ve had incredible friends and family of- to get help to cut through the redtape The PRESIDING OFFICER. Without fering help, hay and feed, and it’s heart- and get a disaster declaration. objection, it is so ordered. warming to know how much people care. I talked to the Governor this after- Like I heard an Ashland, Kansas resident on AMERICAN HEALTH CARE ACT noon. Primarily, it is the Emergency Mr. CORNYN. Madam President, last the news this morning being interviewed, it’s Conservation Program, the Livestock just what southwest Kansas people do. Help week our colleagues in the House of and survive. Indemnity Program, and Environ- Representatives introduced the Amer- mental Quality Incentives Program, or Here is a picture that was taken on ican Health Care Act—legislation that EQIP, that are the key programs. It Kylene and Spencer Scott’s wedding will deliver on a promise we made to won’t make people whole by any day in 2009 up here. It is a beautiful repeal ObamaCare and to replace it means, but it will give them hope. So sight. Off in the distance is the Clark with healthcare options that won’t cleanup is under way. County Lake. It is rolling hills, cattle Kansas is a bootstrap State. It is not force people to buy an insurance prod- country, cattle, and grass. Looking at just about building new fencing. We uct just because the government tells this picture now, it is not hard to won- have families who have lost the farm- them to do so or penalize them if they der how this land will come back to house and all the equipment they need don’t but will replace it with one that provide for so many, as it has for gen- to rebuild. Many livestock producers actually fits the needs of their families erations of Kansas farm and ranch fam- have had the gruesome task of at a price they can afford. ilies whose sweat and blood have pro- euthanizing cattle that have been It is no secret that ObamaCare was duced for Kansas, our Nation, and, yes, badly burned. We have to remove the oversold back in 2010 when the Presi- the world, as well. carcasses. We have to find land for the dent said: If you like your policy, you There is the other picture. They got survivors to graze. And we have a lot of can keep your policy. If you like your married here. It was the happiest day uncertainty. How long will it take for doctor, you can keep your doctor. And of their life. They saw this, and that the grasses to come back? When can we by the way, an average family of four, became just about the worst day of get rain to avoid a dust bowl? It is real- he said, would save $2,500. That has not their life. And yet, having seen this ly too soon to tell. But we have been proven to be true. devastation firsthand, I don’t wonder through disasters before. Almost 1 year ObamaCare, to boot, has wreaked about Kansas and our ability to re- ago, we had the Anderson Creek fire, havoc on our economy and on Amer- build. It is in our State motto: Ad astra and we have come through tornadoes ican families just trying to stay per aspera—to the stars through dif- and ice storms. Recovery from disas- healthy. In my State of Texas, it has ficulties. ters of this magnitude, however, re- led to fewer healthcare options, sky- In one of the emergency management quires us to cut through the redtape. It rocketing premiums, and deductibles centers I met Joyce Edinger. When I requires getting the right information so high that insurance plans are ren- asked her what I could do to help, she to producers so they know how to dered almost useless. By one estimate, just said: ‘‘The Lord will provide.’’ She apply for aid and then to expedite it. about one-third of Texas counties have had lost virtually everything. I think Yes, it requires us to look at our pro- only one insurance option, and that is that pretty well sums it up. The faith grams to see where we can improve the case throughout the Nation. Nearly of Kansans gives us courage to re- them. one-third of all counties in the country build—the courage to come through Now, this fire has not received much have only one insurance company of- fire. Ashland banker Kendall Kay emo- attention in the national media. You fering plans on their States’ exchanges. tionally said: see, we are a flyover State. All we do is The truth is, ObamaCare has never Senator, we are going to need help. We produce food and fiber for Kansas and added up to better coverage at a more really don’t want it, but we are going to need our Nation and for a troubled and hun- affordable price; it has never delivered it. gry world. But I do want to commend more options—just the opposite; and it I am so proud of the people of my members of the press in Kansas, espe- never kept its promises when it was State who have come in with that help cially photographer Bo Rader of the being sold to the American people. before they were even asked. I had been Wichita Eagle, who took this photo of Now is the time for us to do right by in contact with all of our producer my State Director Chad Tenpenny and the American people by delivering groups in Kansas—the Kansas Live- me walking through rangeland outside more access to quality healthcare at a stock Association, the Kansas Farm of Ashland. price Americans can afford. Bureau—who along with our State The Wichita Eagle has gone out of The American Health Care Act agencies had been leading the vol- their way to show the world what this doesn’t just tinker around the edges of untary relief effort. I commend them fire looks like to real people. The ObamaCare; it is a complete do-over. for their efforts in collecting hay for Hutchison News, the High Plains Jour- This bill, for example, repeals cattle, as well as monetary donations, nal, and the Dodge City Daily Globe ObamaCare’s individual mandate, the coming in from all parts of the United have all told and are telling this story. requirement that you buy government- States, and volunteer coordination for The same is true for the TV and the approved insurance, and if you don’t, repairs to property and fencing. radio crews who have helped get the we are going to fine you. That is re- With Congressman ROGER MARSHALL news of town evacuations safety no- pealed. of the First Congressional District, and tices to our people. This is what they It repeals the employer mandate. I my colleague here and friend in the do. still remember being in Tyler, TX, and Senate, JERRY MORAN, we have been in Rest assured that, as chairman of the talking to a gentleman who owned a touch with the Department of Agri- Senate Agriculture Committee, I am restaurant and who said he had to lay

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.014 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 13, 2017 CONGRESSIONAL RECORD — SENATE S1763 off some of his full-time staff, putting healthcare to stay healthy longer and sure some of America’s most important them on part time, just to avoid the to reduce healthcare expenditures. programs run smoothly. For decades, penalties that go along with the em- This legislation will help Texas and Medicare and Medicaid have offered ployer mandate. And by the way, he in- the rest of the country have a way to coverage to some of our Nation’s most troduced me to the single mom who rein in spending while serving those vulnerable populations. Medicare and now, instead of working one full-time who need Medicaid the most. You will Medicaid currently cover more than 100 job, had to work two part-time jobs hear some of our friends across the million Americans—nearly one in three just to keep food on the table for her aisle saying that this is about kicking patients. The Administrator is respon- family. people off of Medicaid. Well, that is not sible for overseeing more than $1 tril- This bill also repeals the medical de- true. For those people currently on lion in annual spending and a staff of vice tax. This was an incredible tax on Medicaid, Medicaid expenditures will about 4,000 people. This is a position of medical innovation which wasn’t on in- not change at all as long as they re- vital importance where a new Adminis- come but literally on gross receipts, main on the rolls. That includes those trator should hit the ground running, forcing jobs to move from the United who live in States that expanded the instead of learning on the fly. States to places like Costa Rica and Medicaid coverage from 100 percent of And learning on the fly is what she Central America. Federal poverty to 138 percent. Those will have to do, as evidenced by her This bill repeals ObamaCare’s Medi- people will stay on Medicaid as long as testimony before the Finance Com- care payroll tax increase, the net in- they are eligible. Under this new legis- mittee. When asked to name a specific vestment tax increase, the ObamaCare lation, Medicaid is put on a sound fis- program she would commit to improv- tax on prescription drugs, and the cal footing so the program is still ing as Administrator, she could not identify even one. She also dem- ObamaCare health insurance tax. around for our children and grand- onstrated a lack of commitment to This is the full repeal of ObamaCare children. that we have been promising for years Another important feature of the protect healthcare for women, saying that coverage for prenatal and mater- now. American Health Care Act is that it es- nity care should be optional and paid I want to point out that this bill also tablishes a patient and State stability for separately. Does Ms. Verma really provides unprecedented entitlement refund to equip Texas and other States to want to return us to a time when form. Some of the main cost drivers for meet the specific healthcare needs of women are discriminated against in the Federal Government are not the 30 their patients, particularly those, as I healthcare solely because of their gen- percent of Federal funds that we appro- have said, with low incomes and those priate each year that are largely di- der? It appears so. When asked about suffering from chronic illnesses. provider payment systems, she stum- vided between defense and nondefense It will provide more money to com- bled to answer, showing little knowl- spending. Entitlements are driven by munity health centers that do a lot of edge about a system that directly im- the fact that they are not capped or heavy lifting to make sure that fami- pacts millions of providers across the pegged to an inflation rate for Medi- lies are healthy and that people get ac- Nation. Furthermore, the only fact she care, Social Security, and Medicaid. cess to the treatment they need regard- could name about Medicare Part D, a This legislation actually begins to less of whether they actually have benefit that supports more than 40 mil- put Medicaid—the healthcare plan for health insurance. In Texas, we have lion seniors, was about an online plan the most vulnerable in our country—on hundreds of community health centers finder tool. a reasonable path to sustainment. This serving more than 1 million Texans Supporters of her nomination point bill also makes sure that the States each year. Under the American Health to her involvement and design of Indi- that share in the cost of Medicaid can Care Act, they will be able to do their ana’s Medicaid program as her quali- manage their own State budgets in a job more effectively and keep more fication to run CMS. Directed by then- much more responsible way. Texans healthy. Governor Mike Pence, Indiana’s plan This bill is the first real Medicaid re- Responsible entitlement reform is requires even the poorest patients to form since the program was created something we should be all about. It pay a monthly fee in order to access which, perhaps most importantly, gives serves the American people not just for health insurance. The plan also re- more authority, more flexibility to the tomorrow but for decades down the stricts those who miss a payment to be States to manage the dollars they road. Most importantly, I believe what locked out of care for 6 months. In- spend, to manage not only the dollars this legislation does is it finally deliv- stead of working to find ways to help they come up with through their own ers on the promise we made back dur- Indianans gain insurance coverage, she tax rolls but the Federal portion as ing the debate over the Affordable Care contributed to a system that bars ac- well. And as I said, it puts the Medicaid Act. cess to vulnerable patients. Conversely, Program on a path toward fiscal re- Now that the Affordable Care Act has Vermont also has a Medicaid waiver sponsibility. proven itself to be unsustainable and that, combined with Vermont’s All I believe this legislation is critically does not deliver on the basic promises, Payer Waiver, has a goal of insuring all important across the country and for the fundamental promises upon which Vermonters. Vermont’s is the standard my State of Texas, too. In Texas, every it was sold to the American people, I that we should all be trying to meet. I other year, when the legislature meets believe it is important that we keep am not confident that Ms. Verma is up and tries to determine how to allocate our promise to repeal it and replace it to the task. its budget, they work very hard to try with more choices of affordable What is more concerning is how Ms. to make sure that Medicaid isn’t the healthcare at a price people can afford. Verma fits into a world where Repub- single largest expenditure in the State It is the conservative answer to licans are engaged in an effort to not budget. Right now, about a third of healthcare that will empower individ- only rip apart the Affordable Care Act, that total budget is spent on Medicaid uals, provide more options and com- but also to end the Medicaid Program alone, and the Federal Government es- petition, and responsibly help those as we know it. The current proposals sentially ties the hands of the State in who need care have more access to it. before the House of Representatives terms of managing the healthcare de- Madam President, I yield the floor. would cut hundreds of billions of dol- livery system to help those most vul- Mr. LEAHY. Madam President, as lars from Medicaid, leaving States in nerable low-income folks in our State. the Senate continues to consider nomi- the lurch and causing millions to go With this legislation, not only do nees to lead Federal agencies, I am uninsured or to have substandard care. States like Texas have the ability to concerned that once again there is a As Republicans continue these efforts, manage the expenditure of the money nominee before us with a stunning lack it will be critical for the Administrator to focus on chronic diseases—people of expertise to run an agency that af- of CMS to understand and care about who are using our healthcare system a fects so many American lives. Seema the impacts of such efforts on the mil- lot because of the nature of the ill- Verma is another such nominee. lions of Americans who rely on these nesses they have—but also to help en- The Administrator of the Centers for health protections day to day. courage medical homes so that people Medicare and Medicaid Services, CMS, Confirming someone with such a lack have ways of managing their has an incredible responsibility to en- of experience to run a trillion-dollar

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.017 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1764 CONGRESSIONAL RECORD — SENATE March 13, 2017 agency would be unfair to the Amer- Secretary Price, and congressional Re- The PRESIDING OFFICER. The Sen- ican people. And as a core player in the publicans have made it a priority to re- ator from Arkansas. effort to unravel the Affordable Care peal the Affordable Care Act. We need TRIBUTE TO DR. JIM ROLLINS Act, she demonstrates values that are a CMS Administrator who will provide Mr. BOOZMAN. Madam President, I counter to the very agency which has a reality check in the face of these rise today to honor Dr. Jim Rollins, an been supported and improved by key reckless proposals. We need a CMS Ad- Arkansan who has dedicated his life to provisions in the law. I do not believe ministrator who will work to uphold public education. Dr. Rollins is the su- Seema Verma is qualified or fit to President Trump’s promise that ‘‘there perintendent of the Springdale, AR, serve as the Administrator of CMS, and will be no cuts to Social Security, public schools, where he has served I encourage all Members to join me in Medicare, and Medicaid.’’ since 1980. opposing her nomination. Ms. Verma, however, could not make Dr. Rollins started his career in the Mr. VAN HOLLEN. Madam Presi- that commitment during her Senate classroom as a science teacher in North dent, the Centers for Medicare and Finance Committee confirmation hear- Little Rock. Since that time, he has Medicaid Services, or CMS, is a major ing. To the contrary, during her hear- consistently sought to provide students part of the Department of Health and ing, Ms. Verma expressed openness to with a quality education. The work he Human Services. A third of the Na- block-granting Medicaid or instilling has done leading Springdale’s public tion—more than 100 million Ameri- per-capita caps—putting the coverage schools speaks for itself. cans—get access to quality healthcare of nearly 70 million vulnerable Ameri- Dr. Rollins’ motto when it comes to through CMS’s programs—Medicare, cans at stake. These policies would end education is ‘‘Teach them all.’’ This Medicaid, the Children’s Health Insur- the Federal guarantee of matching worthy goal has been especially impor- ance Program, and the Affordable Care funds to States and would dramatically tant in Springdale, where enrollment Act Marketplace. CMS also includes cut Federal funding to States. Ana- has grown from 5,000 students when Dr. the Center for Medicare and Medicare lyzing a 2012 congressional Republican Rollins arrived in 1980 to nearly 23,000 Innovation and several other activities block grant proposal, the nonpartisan students today. Many of these students to improve access and affordability in Congressional Budget Office found are part of immigrant families where our Nation’s health system for all that, for States to manage their Med- English is not their first language. Americans—regardless of income, gen- icaid programs at reduced funding lev- More than 55 percent of the district’s der, or health status. els, they would have to limit Medicaid students are not proficient in English, President Trump, Secretary Price, eligibility, reduce benefits, cut pay- and around 75 percent qualify for free and congressional Republicans seek to ment rates, or increase out-of-pocket and reduced lunches. As you might drastically restructure our Nation’s costs for beneficiaries. These proposals imagine, this has presented unique healthcare, threatening to leave mil- would result in the denial of healthcare challenges to educators in Springdale. lions without coverage. In the face of and long-term care to millions of vul- In order to meet these challenges and that threat, we need a CMS Adminis- nerable Americans. ensure that the school system is doing trator who knows how to lead CMS and We need a leader at CMS who will de- everything it can to provide these stu- is willing to do whatever she can to fend the historic gains of the Afford- dents with a great education, Dr. Rol- protect Americans’ healthcare. After able Care Act The Affordable Care Act lins has introduced innovative pro- hearing from several organizations set standards for consumer protection grams that cater to immigrant fami- that deal directly with CMS and famil- and significantly expanded coverage. lies, including the unique Marshallese iarizing myself with President Trump’s Repeal could cause 22 million Ameri- population in Springdale. nominee, I cannot support the nomina- cans—and 400,000 Marylanders—to lose As superintendent, Dr. Rollins has tion of Seema Verma for this impor- quality, affordable health coverage. fostered an atmosphere where families tant role. Repeal would imperil new access to life feel welcome and understood so that Ms. Verma does not have the experi- saving substance-use-disorder and men- parents, students, teachers, and admin- ence or appropriate knowledge needed tal health treatment Repeal would en- istrators are working together to cre- to head this vital agency. Her limited danger coverage for children who now ate a supportive environment that scope of experience with just Medicaid, have access to comprehensive health leads to growth in the classroom. In lack of familiarity with Medicare, and services. Repeal could significantly the spirit of engaging the entire family willingness to restructure CMS’s rules raise premiums and erode consumer in the education of every child, Dr. that protect millions are cause for deep protections for Americans who have Rollins has helped lead an effort in concern. coverage outside of the Marketplace. Springdale’s schools to promote If confirmed, Ms. Verma would man- Under the Affordable Care Act, insur- English as a second language instruc- age 85 percent of the HHS’s $1 trillion ance plans must provide maternity tion for students and parents. budget, which in turn is more than a care as an essential health benefit. But This year, Dr. Rollins is once again quarter of the Federal Government’s, during her nomination hearing, Mrs. being recognized for his outstanding ef- and Ms. Verma would oversee 4,000 em- Verma said that, while some women forts in the achievements Springdale ployees. Running CMS requires signifi- want maternity coverage, ‘‘some public schools have enjoyed under his cant experience with healthcare and is women might not choose that,’’ sig- leadership. Dr. Rollins is being recog- best done by a person who has held sig- naling her view that the law should not nized as one of Education Week’s 2017 nificant positions in private industry require insurance companies to provide Leaders to Learn From, which high- and government. this critical coverage. This is unac- lights forward-thinking district leaders But nothing in Ms. Verma’s career ceptable. Ms. Verma’s position would who are working to enact and inspire shows her to have the skills to operate put the health of mothers and families change in our Nation’s public schools. a budget or team of this magnitude. at risk and drive up costs for plans Dr. Rollins is certainly very deserving She has never managed a large organi- that did provide the coverage. We will of this honor. You only need to look at zation and has little experience with not turn back the clock to when mater- the work he has done over several dec- Medicare. Ms. Verma has operated a nity coverage was optional. We need an ades to understand that he has dedi- small, 10-person company, SVC, Inc., Administrator who will stand with cated his professional life to improving and consulted on various State Med- mothers and families on this issue. public education outcomes for every icaid programs. Her experience is inad- Because of Ms. Verma’s lack of ade- child in the Springdale education dis- equate for the important role for which quate healthcare experience and her trict. The teachers and parents in his President Trump nominated her. willingness to consider rash policies district have also had wonderful things The next CMS Administrator will that are far out of the mainstream, I to say about Dr. Rollins and his leader- have an important voice forming do not believe that she is equipped to ship in their community. I am so healthcare policy. HHS Secretary Price appropriately advise the President and pleased that his trailblazing work in has been on the forefront of efforts to Secretary on these policies that affect Springdale public schools is being no- slash Medicaid and turn Medicare into millions of Americans. I will not sup- ticed by national education organiza- a voucher program. President Trump, port her nomination to head CMS. tions.

VerDate Sep 11 2014 03:29 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.017 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 13, 2017 CONGRESSIONAL RECORD — SENATE S1765 Dr. Rollins has made Arkansas very If you look at the funds, it is clear It is not just Medicare that is getting proud, and we are so grateful for his that this is an eye-popping transfer of raided under this proposal. Some of leadership and commitment to edu- wealth away from older people, from those who are hit the hardest by cating children no matter where they women and kids—from the most vul- TrumpCare are those who are ap- come from or their station in life. I am nerable—directly into the wallets of proaching retirement age. If you are an honored to know Dr. Rollins, appre- the fortunate few. No part of the older American and are of modest in- ciate his friendship, and look forward TrumpCare bill shows this more clearly come—55 or 60—and you have to get in- to his continued stewardship of the than the fact that it steals from the surance in the private market, public school system in Springdale and Medicare trust fund to pay for a tax TrumpCare is going to cause your the positive influence he has on edu- cut that goes only to the most fortu- prices to go through the stratosphere. cation throughout Arkansas. nate—only to those who make a quar- In parts of my home State, especially Congratulations, Dr. Rollins, on a job ter million dollars or more per year. in rural areas, a 60-year-old who brings well done. Everybody in America who brings home $30,000 a year could see his insur- I suggest the absence of a quorum. home a paycheck has a little bit taken ance costs go up by $8,000 or more. The PRESIDING OFFICER. The out each and every time for Medicare. Much of this is due to what we call clerk will call the roll. It is right there on the pay stub. It is an age tax. It is a key part of The senior assistant legislative clerk automatic. Under TrumpCare, the only TrumpCare. It is another key part of proceeded to call the roll. people who are going to see a Medicare what Ms. Verma will be in charge of Mr. WYDEN. Madam President, I ask tax cut are the people who need it the implementing. The bill would give unanimous consent that the order for least. I want to repeat that. Everybody health insurance companies the green the quorum call be rescinded. in America, when one gets a paycheck, light to charge older people five times The PRESIDING OFFICER. Without sees a Medicare tax, and everybody as much as they charge younger peo- objection, it is so ordered. pays it, and we understand why it is so ple. If you are a person of modest Mr. WYDEN. Madam President, the important. There are going to be 10,000 means, are a few years away from hard numbers are now in on people turning 65 every day for years qualifying for Medicare, and your in- TrumpCare, and there is no sugar- and years to come. The only people surance premiums jump by $8,000, that coating them for the American people, who are going to get that Medicare tax means you are just out of luck. You are as 24 million Americans get kicked off cut are the people who need it the going to be locked out of the system. their insurance plans, as $880 billion is least, and that tax cut that is going to You are, basically, going to have to slashed from Medicaid in the first dec- go to the fortunate few will take 3 hope that you just do not get sick be- ade, and as a payday worth hundreds of years off of the life of the Medicare fore you are eligible for Medicare. billions of dollars goes out to the Program, depleting the program in 2025 Those tax credits that you hear so wealthiest and the special interests. instead of in 2028. much about from TrumpCare advocates That is what is going to be dropped on That particular cut breaks a clear are not going to be of much consola- Ms. Verma’s plate if she is confirmed Trump promise not to harm Medicare. tion to you. That is because and if the bill passes. It is her nomina- All through the campaign, then-Can- TrumpCare puts a hard cap on your tax tion that is up for debate right now, didate Trump was very, very firm in credit as an older person—just $4,000— and we should make no mistake that his saying that he would do no harm to and the odds are good that it would not she is going to be in charge of the spe- Medicare. come close to covering the expense of a He said: cifics. decent insurance plan. If TrumpCare passes, under section You can’t get rid of Medicare. Medicare’s a Now, I am going to turn to Medicaid 132, the new Administrator would be program that works . . . I’m going to fix it and make it better, but I’m not going to cut because TrumpCare does not just make able to give States a green light to it. little changes around the margins. It push sick patients into high-risk pools The promise not to cut Medicare does not strengthen or preserve this when the historical record shows that program that covers 74 million Ameri- lasted about 61⁄2 weeks into the Trump these high-risk pools are a failure when administration before it was broken. cans. TrumpCare hits Medicaid like a it comes to offering good coverage that The bottom line is that TrumpCare wrecking ball, and it has particular im- is affordable. raids Medicare. It raids Medicare and plications for seniors. I am going to The new Administrator would be in causes harm to Medicare in violation walk through those. charge of section 134 and could decide of an explicit Trump promise during The Medicaid nursing home benefit is exactly how skimpy TrumpCare plans the campaign, and it brings Medicare 3 very much at risk now because of the would be and how many more Ameri- years closer to a crisis to pay for a tax TrumpCare cuts as it relates to Med- cans would be forced to pay out-of- cut for the wealthiest in America. icaid. Medicaid picks up the bill for pocket for the care they need. So you have this enormous, eye-pop- two out of three nursing home pa- The new Administrator would handle ping transfer of wealth from working tients. These are the people who have section 135, which paves the way for people, seniors, and people of modest worked a lifetime, raised kids, put health insurers to make coverage more means to the most fortunate. Yet, them through school, and scrimped and expensive for those who are approach- somehow, people have the chutzpah to saved all they could. These are the peo- ing retirement age. That is just the say it is a healthcare bill? I do not ple who, in Kansas and in Oregon and start. think so. It is a huge, huge tax windfall across the country, never went on the The fact is that TrumpCare is about for the fortunate. special vacation, who never bought a enormous tax breaks for the fortunate There is also the tax break on invest- boat. All they did was to try to scrimp few, financed by raiding Medicare, gut- ment income. Once again, this is a and save and educate their kids. The ting Medicaid, and hurting older people break that is going to only go to the fact is that growing old in America is and the sick and those who are of mod- most fortunate among us, and, with pricey, and after a few years of bal- est income. Ms. Verma would have the the investment tax break, the over- ancing the rent bill against the food job of implementing all of this at the whelming majority of the benefit— bill and the food bill against the med- Centers for Medicare and Medicaid nearly two-thirds of it—will go to the ical costs, what happens is that a lot of Services. top one-tenth of one percent of earners seniors just exhaust their savings. My view is that the Senate cannot in America. That looks like an awful When I was director of the Oregon debate this nomination without debat- lot of money that is going to be going Gray Panthers, what I saw in my ing the matter of the TrumpCare pro- to the fortunate few, but we are not State—and it is duplicated every- gram itself because it will be a very even done there. where—was older people walking every huge part of the job. Today, I am going On top of all of this, there is yet an- single week on an economic tightrope. to walk through some of the specifics other juicy tax—this time for health They were balancing the food bills with regard to TrumpCare, beginning insurance executives’ salaries. It is an- against the medical bills and the med- with the scheme that I call ‘‘Robin other juicy tax cut for executives who ical bills against the rent bills, and Hood in reverse.’’ are making over $500,000 per year. they just couldn’t keep up. They burn

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.024 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1766 CONGRESSIONAL RECORD — SENATE March 13, 2017 through all of their funds and they rollees. It is important to remember whose Medicaid to slash. Are they burn through their modest savings, so that in many cases, these are kids who going to tell seniors that the nursing when it is time to pay for nursing already have the odds stacked against home benefit is no longer a guarantee home care, they have to turn to Med- them. They are from low-income fami- and they are going to have to get in a icaid. lies. They are foster kids. They are long waiting line for an opportunity to Today in America, the Medicaid kids with disabilities. We know they get a place in the local nursing home? nursing home benefit is a guarantee are already facing an uphill climb. Should they tell pregnant women that that those vulnerable older people—the Medicaid, though, has been there now births are no longer covered? What people who are walking on that eco- with the Affordable Care Act to make about telling mothers and fathers that nomic tightrope—are going to be taken sure they could see family practi- their kids are cut off and they will care of. TrumpCare breaks the Med- tioners and even pediatric specialists. have to hope for the best or make their icaid nursing home guarantee, and it That was just unheard of for these way back to the emergency room? goes even further than that. A lot of youngsters before the Affordable Care I also want to touch on a final point States—mine is one—worked hard to Act. And when a kid needs emergency that really deserves some discussion give more care choices to seniors as care, Medicaid is what makes it afford- and hasn’t gotten much, and the fi- well as those with disabilities. Maybe able. TrumpCare puts that in danger. nance staff has been looking at it; that instead of living in a nursing home or I have talked about what it means is, how TrumpCare really creates a dis- an institution, they would rather be in for older people and what it means for incentive to work, because I think the community. Maybe they would the disabled and what it means for TrumpCare and Ms. Verma’s role im- rather live at home where they are kids, and I am just going to keep on plementing it are going to have a sub- most comfortable. TrumpCare could going because now that we have the stantial effect on American workers mean that those home- and commu- hard numbers in—the hard numbers and entrepreneurs. nity-based choices could disappear as have arrived here in real time from the It is my view that TrumpCare creates well. budget office that is charged with giv- a substantial, significant disincentive So what we are talking about is that ing us this analysis—it is important to to work. Today, if you are on Medicaid, with these cuts in Medicaid, at a time talk about what it means, because you are able to pick up a few extra when, in Kansas and in Oregon and budgets are not just facts and figures hours at work or go out and accept a across the country—what we have tried and cold sheets of paper; they are higher paying job without the fear that to build for older people is a continuum about people’s hopes and aspirations. you will lose access to care. That is be- of services. There would be help at And the hopes and aspirations that I cause under the Affordable Care Act, home. There would be help in terms of have had since those days when I was low-income Americans get the most long-term care facilities. There would director of the Oregon Gray Panthers help when it comes to paying insurance be a wide array of choices. And because were to make sure that people had af- premiums. A lot of persons can get of Medicaid, there was enough money fordable, quality, decent healthcare health insurance for less than $100 a to fund these choices, to fund this con- choices because in America, if you month. tinuum of care for vulnerable older don’t have your health, you really are Let’s compare that with the people. Now, as a result of the Medicaid missing much of what makes life so TrumpCare approach. Under the cutbacks, my concern is that there is special in our country. TrumpCare plan, those who are walk- not going to be enough money for any The bill also takes an enormous toll ing an economic tightrope, bringing of these choices—not going to be in other areas, and I want to mention home barely more than the minimum enough money for the nursing home next opioid abuse. By slashing Med- wage, don’t get the most help. They benefit, not going to be enough money icaid, TrumpCare is going to make don’t get the most help, and they could for home- and community-based serv- America’s epidemic of prescription see their insurance costs go up by ices. Suffice it to say that my own drug abuse-related deaths even worse. thousands and thousands of dollars home State has indicated to me that The papers this morning had ac- each year, which would effectively they are very concerned about the cut- counts about how families were losing mean they would be locked out of the back in home- and community-based most of their children to opioid addic- healthcare system. So for millions of services. tion—most of their children lost to persons, staying on Medicaid would Nobody wants to see older people get opioid addiction—on the front pages of suddenly look a lot more attractive. nickled and dimed for the basics in the papers. Medicaid is a key source of Making a little more money and losing home care they rely on and good nurs- coverage for mental health and sub- your Medicaid coverage could mean ing home benefits. Yet, when it comes stance abuse disorder treatment, par- losing your access to high-quality to Medicaid, TrumpCare would effec- ticularly after the Affordable Care Act, healthcare altogether. So my view is tively end the program as it exists but this bill takes away the coverage nobody has been able to counter this. today, shredding the healthcare safety for millions who need it. TrumpCare, in effect, would keep net for older people and millions of Republican State lawmakers, to their Americans trapped in poverty. others in our country. credit, have spoken out about this Entrepreneurs and Americans who It puts an expiration date on the issue. Frankly, it just ought to be a want to go back to school to pursue a Medicaid coverage that millions of head-scratcher for anybody who re- degree would face the same dilemma. Americans got through the Affordable members the last Presidential race Somebody who wants to quit their job Care Act. For many, it was the first when, in the primary race, a parade of and pursue their dream of starting time they had health insurance. It candidates rolled through State after their own business ought to be able to brought an end to an era where those State that had been hit hard by the do it without a fear that they won’t be individuals could turn only to emer- opioid crisis, and all of those can- able to any longer afford healthcare. gency rooms for care. And now didates were trying to outpromise the The same goes for those who want to TrumpCare is going to cap the Med- one who had spoken previously in go back to school full time to pursue a icaid budget and just squeeze it and terms of how they would help solve the degree or certification. TrumpCare squeeze it and squeeze it some more opioid crisis. Then-Candidate Trump makes insurance unaffordable for those until vulnerable people will not be able was one of the most outspoken on say- persons. to get care. ing that he would fix the opioid crisis. TrumpCare is going to be the big The program is particularly impor- He said he was the guy who could end issue on Ms. Verma’s plate if she is tant for seniors and the disabled, and I the scourge of drug addiction and get confirmed this afternoon in the Senate want to make sure that people under- Americans the help they need. Instead, to administer this office. We all understand what it means for children as what we have is TrumpCare, which stand that this bill has been taking a well, for those in the dawn of life as makes the opioid crisis worse, and pounding from all sides. Moderate Re- well as those in the twilight of life. there is no getting around it. publicans and those who consider Medicaid pays for half of all births, TrumpCare puts States in the un- themselves conservative Republicans and kids make up half of Medicaid’s en- imaginable position of having to decide are against it. Governors from both

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.026 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 13, 2017 CONGRESSIONAL RECORD — SENATE S1767 parties are against it. Democrats are Mr. President, over the past decade, pay Verma more than $1 million and has united. The AARP, the American Hos- the Trump administration’s nominee landed more than $500 million in state con- pital Association, the American Med- to be CMS Administrator, Seema tracts during her tenure as Indiana’s go-to health-care consultant.’’ ical Association, and the American Verma, has demonstrated a conflicting Nurses Association have all come out pattern of working directly for the While this in and of itself is deeply against the bill—not any surprise to State of Indiana on its health programs concerning, Indiana state contract me. I don’t think these groups think while also contracting with a handful records show that Ms. Verma was in- that healthcare and healthcare legisla- of companies that provided hundreds of strumental in helping the state determine this contract was even necessary tion is primarily about ladling out big millions of dollars in services and prod- in the first place. tax breaks for the fortunate few, but ucts to the very same programs she Let me say that again: Ms. Verma, in that is what this so-called healthcare was helping the state manage. her role of advising Indiana, helped the Those companies are Hewlett Pack- bill does. And it is financed by raiding state determine there was a need for Medicare, by gutting Medicaid, and by ard, Health Management Associates, the services of a vendor like Hewlett hurting older and sicker and lower in- Milliman, Inc., Maximus, and Roche Packard. She then joined the company come Americans. Diagnostics. All were vendors to the on a bid to provide those services, re- There has been a lot of happy talk State’s Healthy Indiana Program agen- ceived a contract, and was ultimately about why we ought to support this cies, while Ms. Verma helped design paid more than $1 million. Hewlett bill, but what I have tried to do this and direct that Program—first for Gov- Packard bought the company that afternoon is lay out the broken prom- ernor Daniels and then for Governor originally contracted with the state, ises. This weekend, for example, the Pence. As she describes her role on her Electronic Data Systems in 2008. That new Secretary of Health and Human company’s website, ‘‘Ms. Verma is the company, in a January 2008 press re- Services said: ‘‘I firmly believe that architect the Healthy Indiana Plan lease characterized the Indiana con- nobody will be worse off financially in (HIP), the Nation’s first consumer di- tract in this way: the process that we’re going through, rected Medicaid program under Gov- ‘‘ ‘The EDS solution will provide Indiana understanding that they’ll have ernor Mitch Daniels of Indiana and with enhanced transparency as it imple- choices, that they can select the kind Governor Pence’s HIP 2.0 waiver pro- ments Gov. Mitch Daniels’ package of Med- of coverage they want for themselves posal. Ms. Verma has supported Indi- icaid reforms such as the Healthy Indiana and for their family.’’ That statement ana through development of the his- Plan . . .’ ‘At the conclusion of the procure- from the Secretary of Health and toric program since its inception in ment process, it was evident that EDS was able to bring great value and experience to Human Services is disconnected from 2007, from development of the enabling the taxpayers of Indiana,’ said Mitch Roob, the facts. The simple math shows that legislation, negotiating the financing Family and Social Services Administration TrumpCare forces millions of people— plan with the state’s hospital associa- Secretary. ‘The technology and insight that particularly older people and less afflu- tion, developing the federal waiver, EDS has to offer will be a tremendous asset ent people—to pay thousands of dollars supporting federal negotiations and as we continue to make great strides in new, more for their health insurance. leading the implementation of the pro- innovative programs, such as the Healthy In- diana Plan.’ ’’ The OMB Director, Mick Mulvaney, gram, including the operational de- was pressed on why TrumpCare breaks sign.’’ Ms. Verma helped Indiana outline the President’s promise of ‘‘insurance Ms. Verma collected more than $6 Medicaid reform policy goals as State for everybody.’’ His response was that million from Indiana taxpayers while contractor before joining a vendor in TrumpCare is about access, and the bill overseeing the State’s Medicaid reform its bid to fulfill those duties—and then ‘‘helps people get healthcare instead of and ACA implementation. At the same remained a paid participant on both just coverage.’’ But we all understand time, while under contract with the sides. Furthermore, it appears that Ms. that access doesn’t mean a lot if people State as a consultant, Ms. Verma also Verma was billing Hewlett Packard and Indiana, in some cases, for the can’t afford to get coverage. That is collected more than $1.6 million from same work she was already performing the future that TrumpCare is going to Milliman Actuaries, more than $1 mil- under her own contracts with the bring for millions of Americans. lion from Hewlett Packard, $300,000 State. In written responses for the I asked Ms. Verma the most basic from Health Management Associates, questions during her confirmation record to the Finance Committee, Ms. and tens of thousands of dollars from Verma provided a 2013 presentation hearing so we could get even a little bit Roche Diagnostics and Maximus. All from Hewlett Packard and herself to of an insight into how she would ap- while these companies held important Indiana health program executives. proach these issues. I asked for one ex- contracts with the State. The presentation identified several ample—these are not ‘‘gotcha’’ ques- In addition to being on ‘‘both sides of functions that Ms. Verma would pro- tions; these are the questions you ask the table,’’ in at least two cases involv- vide to the State through the Hewlett if you want to know about running a ing her contracts with Hewlett Pack- Packard contract. Many of those duties program involving $1 trillion. I asked ard and Health Management Associ- are exceptionally similar to duties the Ms. Verma for one example of what to ates—her duties for the State of Indi- State had already contracted with her do to bring down the cost of prescrip- ana overlapped directly with the tasks directly to provide in 2012 and 2013. tion medicine. I gave her three or four those firms were also billing the state For example, that 2013 presentation to choose from. I particularly would to complete. outlined specific duties HP was paying like to see more transparency by lift- While there are questions about Ms. her to perform that included: moni- ing this cloud of darkness surrounding Verma’s work for the several compa- toring the Federal regulatory environ- how medicines are priced. She didn’t nies above, I want to focus for the moment, providing Medicaid policy exper- have any answers to any of these ques- ment on what I believe to be the clear- tise, and supporting Indiana’s State tions. est conflict: her work on behalf of Hew- Plan Amendment waivers and process. So here is where this nomination lett Packard. These were things Verma was already stands. Ms. Verma gave the Finance Hewlett Packard Conflicts. In 2014, under contract to provide the state di- Committee and the public virtually the Indianapolis Star newspaper re- rectly. nothing to go by in terms of how she ported: On February 21, 2012, Verma’s firm would approach this job, but the fact is ‘‘Verma’s work has included the design of was contracted by the State to review that, if confirmed, she would be one of the Healthy Indiana Plan, a consumer-driven Federal regulations that would impact the top officials to implement insurance program for low-income Hoosiers Indiana’s Healthy Indiana Plan. TrumpCare—a bill that raids Medicare, now being touted nationally as an alter- On May 13, 2013, she was contracted slashes Medicaid, and kicks millions of native to Obamacare. In all, Verma and her to provide the State with advice on the small consulting firm, SVC Inc., have re- Americans off their health plan to pay ceived more than $3.5 million in state con- impact of new ACA regulations related for a tax cut for the wealthy. tracts. At the same time, Verma has worked to Medicaid. I am unable to support this nomina- for one of the state’s largest Medicaid ven- To me, that sounds a lot like moni- tion, and I urge my colleagues to op- dors—a division of Silicon Valley tech giant toring the federal regulatory environ- pose it. Hewlett-Packard. That company agreed to ment in the HP presentation.

VerDate Sep 11 2014 03:29 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.027 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1768 CONGRESSIONAL RECORD — SENATE March 13, 2017 Under the February 21, 2012 contract, ations. We did not oversee HP or any other Ms. Verma from what look to be very Verma’s firm was contracted by the vendor in this regard, and did not negotiate clear and obvious conflicts of interest. State to provide general policy exper- or participate in change orders or contract I am not alone in this opinion, as amendments. To the best of my recollection, President George W. Bush’s ethics law- tise to the Healthy Indiana Program— State officials participated in all meetings also known as Indiana’s Medicaid pro- with HP regarding the Healthy Indiana Plan yer Richard Painter—hardly a liberal gram. work at which SVC representatives were also partisan—said Ms. Verma’s consulting To me, that sounds a lot like pro- present.’’ arrangement in Indiana, ‘‘clearly viding Medicaid policy expertise in the That sounds to me like Ms. Verma should not happen and is definitely im- HP presentation. and her team were in meetings with proper.’’ Ms. Verma helped the State Under this same February 21, 2012 both HP and the State discussing decide it needed a vendor like HP, and contract, Verma’s firm was contracted issues where her duties clearly over- then went to work for HP on the re- by the State to develop State Plan lapped and when she was being paid by sulting contract. She was also under Amendments and waivers—these are both parties. In fact it sounds like the contract with yet a third company— the agreement between the State and only safeguard in place was that State Health Management Associates—which Federal Governments that ensures the officials sat in on these meetings be- was being paid to develop the Request State adheres to Federal rules for Med- tween her firm and HP. for Proposal for the same contract. icaid and CHIP. Finally, with regard to her claim That certainly seems like a conflict of To me, that sounds a lot like sup- that she always recused herself, I spe- interest to me. porting Indiana’s State Plan Amend- cifically asked her to provide for the When I asked her in writing whether ment waivers and process in the HP record any documentation that she had she had obtained similar ethics opin- presentation. of the process for determining when ions with regard to her work for any of Ms. Verma has not addressed how she needed to recuse herself and docu- the other state contractors who had being paid twice for what appears to be mentation of the recusals actually tak- hired her—Milliman, Roche largely similar work was ethical. She ing place. She replied that there were Diagnostics, Maximus, or Health Man- has, however, consistently denied that none. agement Associates, she said she any conflicts of interest existed while Consequently, it’s hard to believe Ms. hadn’t. she worked both sides of these deals in Verma was truly able to avoid very All of these companies continue to do Indiana. During her confirmation hear- real conflicts of interest while she and/ business with the State of Indiana and ing before the Senate Finance Com- or her firm were guiding HP’s work on with other State and Federal health mittee on February 16, 2017, Ms. Verma behalf of the State and sitting in on programs that will be under Ms. claimed she had her staff recused meetings with both the state and HP Verma’s purview at CMS. Maximus, for themselves when potential conflicts while being paid by both. example, is the largest provider of en- arose: In the case of Health Management rollment services for these programs in ‘‘When there was the potential or when we Associates, Verma also had contracts the U.S. were working on programs, we would recuse with the state that covered the exact Just because Indiana chose to play ourselves. So we were never in a position same work HMA was separately being fast and loose with conflicts of interest where we were negotiating on behalf of HP paid by Indiana to fulfill and while she doesn’t mean that these practices were or any other contractor with the state that was also being paid by HMA. For exam- right. we had a relationship with.’’ ple, in 2007, the State awarded Verma’s I have no confidence that Ms. Verma That all sounds well and good but firm a non-competitive contract to de- will take her responsibilities to avoid that claim has been disputed by the velop the Request for Proposal for a such conflicts at CMS any more seri- former head of Indiana’s Family and company to implement the Governor’s ously than she did in Indiana. Social Services Agency. As first re- Healthy Indiana Program. On the same Mr. President, I ask unanimous con- ported in 2014 by the Indianapolis Star, day, Indiana gave HMA its own non- sent to have the following documents ‘‘Verma’s arrangement with HP also came competitive contract to develop the printed in the RECORD. as a surprise to former FSSA Secretary very same proposal. This occurred There being no objection, the mate- Debra Minott, who said she learned about it while HMA was also paying Verma’s rial was ordered to be printed in the sometime in 2013. ‘We had delayed paying an HP invoice because of an issue we were try- firm on a separate but related con- RECORD, as follows: ing to resolve, and HP sent Seema to our tract. Again, as in the case of HP, she [from INDYSTAR, Nov. 29, 2016] CFO to resolve the issue on their behalf,’ was helping the State manage key pro- SEEMA VERMA, POWERFUL STATE HEALTH- Minott said. ‘I was troubled because I grams while being paid by contractors CARE CONSULTANT, SERVES TWO BOSSES thought Seema was our consultant.’ ’’ performing work for those programs. In (By Tony Cook) Ms. Minott made this allegation this case, what she was doing for the President-elect Donald Trump has tapped again just last month in a February 14, State was essentially the same thing Seema Verma, a consultant who helped craft 2017 story by the Associated Press that the contractor was being paid to the state’s Healthy Indiana Plan, to serve as about Ms. Verma’s conflicts, do—develop a Request for Proposal to head of the Centers for Medicare and Med- icaid Services. Verma worked closely to ‘‘There was at least one instance where implement the Healthy Indiana Plan. shape the health care policy of both former Verma crossed the line in Indiana when she Ms. Verma claims there was no con- Gov. Mitch Daniels and Gov. Mike Pence. was dispatched by HP to help smooth over a flict because she did not directly over- The health policy consulting company she billing dispute, said Minot. ‘It was never see these two contractors—HP and heads, SVC Inc., also has provided its serv- clear to me until that moment that she, in HMA—in her role with State. She also ices to Iowa, Ohio, Kentucky, Tennessee and essence, was representing both the agency points to the fact that in 2012 she re- Michigan. A 2016 recipient of the Sagamore and one of our very key contractors,’ said ceived an opinion from the Indiana of the Wabash award, Verma also served as Minot, who was removed as head of the agen- Ethics Commission that stated her vice president of planning for the Health and cy by Pence over her disagreements with Hospital Corporation of Marion County. She Verma. ‘It was just shocking to me that she work for HP was not in violation of state conflict of interest laws because also holds a master’s of public health from could play both sides.’ ’’ Johns Hopkins University. Additionally, in response to ques- she was a consultant, not a State em- Meet the architect of Gov. Mike Pence’s tions for the record that I submitted to ployee. signature health-care plan, Seema Verma. Ms. Verma, she said that her firm I do not believe that her work for the For more than a decade, the little-known worked directly with HP for the state, State and her work for these contrac- private consultant has quietly shaped much and that representatives from SVC par- tors was a true arms-length relation- of Indiana’s public health-care policy. The ship. As the Associated Press recently state has paid her millions of dollars for her ticipated in meetings between the state work—amid a potential conflict of interest and HP, highlighted, Ms. Verma maintained an office in the State government center that ethics experts say should concern tax- ‘‘SVC worked with the State of Indiana payers. and its vendors, including HP, to design sys- and that the AP characterized her Largely invisible to the public, Verma’s tems for implementation of the Healthy In- work as ‘‘usually reserved for state ad- work has included the design of the Healthy diana Plan. We helped vendors translate the ministrators.’’ The existence of this Indiana Plan, a consumer-driven insurance policy and waiver language into system oper- opinion, in my view, does not absolve program for low-income Hoosiers now being

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.022 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 13, 2017 CONGRESSIONAL RECORD — SENATE S1769 touted nationally as an alternative to executives. These guidelines are designed to company $1.2 million as a subcontractor for Obamacare. In all, Verma and her small con- eliminate conflicts of interest.’’ ‘‘health consulting services.’’ sulting firm, SVC Inc., have received more POWERFUL CONTRACTOR During that time, HP received more than than $3.5 million in state contracts. $500 million in state contracts, including Verma enjoys a tremendous amount of At the same time, Verma has worked for millions of dollars in contract changes to ac- sway for a private contractor. She has her one of the state’s largest Medicaid vendors— commodate the Healthy Indiana Plan that own office at the state government center. a division of Silicon Valley tech giant Hew- Verma helped create and other new pro- Earlier this year, Pence turned to her to lett-Packard. That company agreed to pay grams. broker a deal with the state’s hospital indus- Verma more than $1 million and has landed ‘‘Certainly on the face of it, there is the try to help finance his plan to expand the more than $500 million in state contracts appearance of a conflict,’’ said Trevor Healthy Indiana Plan. And when Verma and during her tenure as Indiana’s go-to health- Brown, an expert on government purchasing one of Pence’s Cabinet members—Family care consultant, according to documents ob- and director of Ohio State University’s John and Social Services Administration Sec- tained by The Indianapolis Star. Glenn School of Public Affairs. retary Debra Minott—butted heads over how Verma’s dual roles raise an important If Verma was a federal contractor, her dual soon to roll out the program, it was Minott question: Who is she working for when she roles ‘‘would certainly raise tremendous con- who lost her job. advises the state on how to spend billions of cern for regulators and purchasing officials,’’ Verma’s influence reaches back at least a dollars in Medicaid funds—Hoosier taxpayers he said. ‘‘This is exactly the kind of thing decade and across the administrations of or one of the state’s largest contractors? that would land an agency in a hearing be- In a written statement, Verma said un- four governors, two from each party. During fore a legislative oversight committee.’’ equivocally that she played no role in HP’s his first term, Gov. Mitch Daniels tapped Lawmakers in Indiana, however, were un- aware of Verma’s work for HP. contracts with the state. ‘‘SVC has disclosed Verma to help create a new health-care plan ‘‘I was only aware she was working for the to both HP and the state the relationship to address the state’s uninsured population. Her solution: the Healthy Indiana Plan, a state,’’ said Sen. Patricia Miller, R-Indianap- with the other to be transparent,’’ Verma olis, chairwoman of the Senate Health Com- said. ‘‘If any issue between HP and the state new low-income health insurance program that features high deductibles and requires mittee. presented a conflict between the two, I ‘‘There certainly appears to be the poten- recused myself from the process.’’ participants to contribute a portion of their income to a health savings account. tial for conflict, and appearances matter,’’ But the recently ousted head of the state said Ed Clere, R-New Albany, chairman of agency administering Verma’s contract told ‘‘This structure melds two themes of American society that typically collide in the House Health Committee. The Star that Verma once attempted to ne- Verma’s arrangement with HP also came gotiate with state officials on behalf of Hew- our health-care system, rugged individ- ualism and the Judeo-Christian ethic,’’ as a surprise to former FSSA Secretary lett-Packard, while also being paid by the Debra Minott, who said she learned about it state. Verma wrote in a 2008 Health Affairs blog article co-authored with former FSSA Sec- sometime in 2013. HP said it can find no one in its company ‘‘We had delayed paying an HP invoice be- retary Mitch Roob. ‘‘HIP combines these dia- with any recollection of such a meeting. cause of an issue we were trying to resolve, metrically opposed themes by promoting Verma declined to answer further questions and HP sent Seema to our CFO to resolve the personal responsibility while providing sub- about her work with the state or HP. issue on their behalf,’’ Minott said. ‘‘I was sidized health protection to those who can Verma’s dual roles have surprised some troubled because I thought Seema was our leading Republican lawmakers and expose least afford it.’’ consultant.’’ one of many loopholes in Indiana’s govern- The plan won the support of both Repub- HP spokesman Bill Ritz said the company ment ethics laws. licans and Democrats in the Indiana legisla- ‘‘checked with a number of its employees Ethics experts consulted by The Star ture and was implemented in January 2008. and can find no one with any recollection of called the arrangement a conflict of interest Today, 52,000 Hoosiers are enrolled in the such a meeting.’’ that potentially puts Indiana taxpayers at program. Gerig, Verma’s spokesman, said Verma’s risk. If Verma were working for the federal Now, Pence wants to expand the plan to an work for HP was a matter of public record government, they point out, she would have additional 350,000 low-income Hoosiers because she is listed as a subcontractor in to show how the government was protected, through what he’s calling HIP 2.0. And like HP’s contracts with the state. or step aside. Daniels, he turned to Verma for help in de- A LACK OF RULES veloping the plan and negotiating a financ- ‘‘If I were a taxpayer in Indiana, I would be Ethics experts say that kind of scenario ing agreement with the state’s hospital in- concerned about whether the advice the gov- would be unlikely at the federal level, where dustry. If approved by the federal govern- ernment was receiving from her was tainted government purchasing officers are required ment, billions of new Medicaid funds would by her own financial interest and the finan- to identify and avoid ‘‘organizational con- flow to the state. cial interest of her other clients,’’ said Kath- flicts of interest,’’ which occur when a per- And because HIP 2.0 would generate sig- leen Clark, a professor at Washington Uni- son is unable or potentially unable to render nificantly more claims, some of that money versity School of Law in St. Louis who spe- impartial assistance or advice to the govern- would likely go to Hewlett-Packard, Verma’s cializes in government ethics. ment because of other business relationships. But in Indiana, government consultants other client. Many states, including Maryland, Virginia, The extent to which Verma’s advice has aren’t required to disclose such potential Minnesota and Illinois, have adopted similar benefited HP is difficult to determine, given conflicts, even when they have offices in rules at the state level, according to Dan that none of the parties involved will talk state government, as Verma does. Forman, a Washington, D.C.-based govern- much about the subject. Further obscuring So the nature of Verma’s work—and the ment procurement attorney. Other states, the issue: Several of her most recent con- extent to which it benefited HP—remains un- such as Tennessee and Washington, have im- tracts weren’t publicly available on the clear. plemented rules at the agency level. Still state’s online transparency portal until The HP referred any other questions on the others, such as California and Maine, have Star began making inquiries. Denault said matter to the state. Verma’s spokesman, introduced rules via standard state contract that was because ‘‘some of them were mis- Lou Gerig, noted in a statement that ‘‘all provisions. contracts between the state and SVC Inc., or takenly coded as not for publication.’’ The But in Indiana, that’s not the case. between the state and SVC Inc. as a subcon- contracts have since been added to the on- Minott said when she brought her concerns tractor, have been reviewed and approved in line list. to FSSA’s ethics officer, she was told Indi- accordance with all requirements of state What they show is that her duties involve ana’s ethics rules didn’t apply to conflicts of law.’’ crafting requirements for contractors. nego- interests among state contractors. Pence’s office issued a written statement tiating with contractors and supervising The lack of any such rule is just the latest in response to The Star’s questions. vendors. Her company’s website also says she in a litany of loopholes that good govern- ‘‘Seema has played a valuable role in the provided ‘‘requirements for the state’s three ment advocates say Indiana needs to address. state’s health-care policy since the O’Bannon technology vendors to support HIP.’’ That In recent months, The Star has reported on administration, and we appreciate her advice would include Hewlett-Packard. One con- several high-profile cases—including those of and counsel, especially on the continuation tract gives her the authority to ‘‘initiate state Rep. Eric Turner, former highway offi- of the Healthy Indiana Plan and HIP 2.0,’’ and/or track’’ a contract or contract amend- cial Troy Woodruff and former state schools said Christy Denault, a spokeswoman for ments with the state’s fiscal intermediary, chief Tony Bennett—where ethics officials Pence. which is HP. Another puts her in charge of criticized the behavior of public officials but State officials didn’t directly address ques- technical changes to the state’s medical took little or no action due to exemptions in tions about Verma’s work for HP. But James management information system, which is state ethics rules. Gavin, spokesman for the Indiana Family operated by HP. The issues raised in Verma’s case are not and Social Services Administration, said the Those responsibilities put Verma in the po- unique to Indiana, said Brown, the Ohio state does take steps to prevent conflicts in sition of making decisions about a state con- State professor. State governments across the bidding process. tractor that is also paying her hundreds of the country are increasingly grappling with He said the state’s procurement guidelines thousands of dollars. HP’s claims manage- potential conflicts of interest as more pri- ‘‘clearly require that all decision-making au- ment and information system contracts vate contractors perform what has tradition- thority lie with state employees and agency show it has agreed since 2007 to pay Verma’s ally been government work.

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.023 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1770 CONGRESSIONAL RECORD — SENATE March 13, 2017 ‘‘Historically, the practice was these deci- added that she has the support of former offi- as well as the governor’s office. Another sions would be made by the leadership of the cials who served with her under Pence. duty was ‘‘contract development and nego- agency, and in many states they are,’’ he Her firm was ‘‘completely transparent in tiation’’ with vendors, which included HP said. ‘‘But Indiana is not alone in having to regards to its relationship with HP and that and HP Enterprises rely on advice and services of a private actor there was never a conflict of interest,’’ Verma reported her salary with SVC is to perform what is at the boundary of, if not spokesman Marcus Barlow said in a state- $480,000 and her business income from the a clear instance of, a government function.’’ ment. company as nearly $2.2 million. State reliance on private contractors is es- A spokesman for Pence did not respond to a request for comment. pecially common in the health-care arena, [From Electronic Data Systems Corporation, Verma faces a Senate Finance Committee where rapid changes in federal health-care Jan. 7, 2008] law have put a premium on speed. And in- hearing on Thursday. Democrats in Wash- deed, several executive summaries of ington are aware of many of her consulting INDIANA AWARDS EDS NEW $209 MILLION Verma’s contracts emphasize the need to arrangements, and have broader concerns MEDICAID CONTRACT quickly utilize her services amid the threat about her philosophy about government enti- AGREEMENT EXTENDS 16-YEAR RELATIONSHIP of losing federal grant money. tlement programs, lack of background in WITH HOOSIER STATE ‘‘Over the short run, it sounds like you’re Medicare and inexperience leading a large going to get speed,’’ Brown said. ‘‘And you organization. INDIANAPOLIS.—EDS, Indiana’s Medicaid may get some cost savings over the short As a trusted adviser to Pence, she had an partner since 1991, has been awarded a $209.9 run.’’ office in the state government center and million, six-and-a-half-year contract to up- But in the long run, states can become de- took on duties usually reserved for state ad- grade and continue to maintain the state’s pendent on private contractors, who can ministrators. Verma was also widely re- Medicaid Management Information System. then jack up their prices. spected for her grasp on policy and designed The new contract will leverage EDS’ lead- ‘‘They essentially become a monopoly, and a federal Medicaid waiver that allowed Pence ing-edge interchange Health System, which there’s a risk that they can raise costs over to undertake his own conservative expansion serves as an industry model and is in oper- time,’’ he said. Verma’s arrangement with of the program while still accepting money ation or being implemented in more than a the state demonstrates how difficult it can made available through the Affordable Care dozen states, including Kansas, Oklahoma, be to control such costs. Act. Pennsylvania and Kentucky. Among the up- An amendment to her contract in January Verma did not specifically address how she grades are a Web-based tool that will enable added $300,000 without increasing her work- would handle decisions related to HP in a health care providers to electronically enroll load or extending the term of the contract. letter to the Department of Health and in the Medicaid program as well as a number The reason listed: ‘‘to cover claims.’’ State Human Services that was released this week. of internal processes. officials declined to elaborate. The letter outlined her plan for managing EDS will continue as fiscal agent to the The hourly rates listed in her contracts potential conflicts of interest should she be state and its 27,000 health care providers, also have increased over time, from $110 in confirmed by the Senate to lead the Centers who care for more than 800,000 recipients and 2007 to $135-$165 this year. for Medicare & Medicaid Services. Her rela- comprise the nation’s 17th-largest Medicaid Lawmakers expressed surprise when told tionship with HP was first reported by the program. by The Star that the state paid Verma’s Indianapolis Star in 2014. The agreement includes a seven-month company $1.15 million in the past year alone. Legal and ethics experts contacted by AP phase to design, develop, test and implement ‘‘I had no idea her firm received that much say Verma’s work for Hewlett, and offshoot the additional features followed by a six- money. I think it would come as a surprise HP Enterprises, raised questions about year management term. to most legislators,’’ Clere said. ‘‘I think where her loyalties lay—to the company, or The contract, which was signed in late De- there’s a larger issue of transparency and ac- to state taxpayers. cember, extends a 16-year relationship be- countability as the state increasingly relies Richard Painter, former President George tween EDS and Indiana. on contractors, including consultants. I’m W. Bush’s chief ethics lawyer, called Verma’s The EDS solution will provide Indiana all for harnessing the power of the private arrangement a ‘‘conflict of interest’’ that sector, and the key word is ‘harness,’ which with enhanced transparency as it imple- ‘‘clearly should not happen and is definitely ments Gov. Mitch Daniels package of Med- suggests the state is in control. The question improper.’’ here is, ‘Whose hands are on the reins?’ ‘‘ icaid reforms such as the Healthy Indiana Such arrangements are typically prohib- Plan, which provides health coverage to pre- ited for rank-and-file state employees under [From the Associated Press, Feb. 15, 2017] viously uninsured Indiana residents, and the Indiana’s ethics rules and laws, but they’re movement of aged, blind and disabled resi- PICK FOR MEDICARE POST FACES QUESTIONS murkier when it comes to consulting work. dents to a care management model. It also ON INDIANA CONTRACTS Contractors have often replaced state em- will continue claims processing coverage for (By Brian Slodysko and Carla K. Johnson) ployees in a GOP bid to drive down the num- other Indiana health programs. INDIANAPOLIS.—President Donald Trump’s ber of public employees, distinctions be- ‘‘At the conclusion of the procurement pick to oversee Medicare and Medicaid ad- tween the two can be hard to discern. process, it was evident that EDS was able to ‘‘She was cloaked with so much responsi- vised Vice President Mike Pence on health bring great value and experience to the tax- bility and so much authority, people thought care issues while he was Indiana’s governor, payers of Indiana,’’ said Mitch Roob, Family she was a state employee,’’ said Debra a post she maintained amid a web of business and Social Services Administration Sec- Minot, a former head of Indiana’s Family arrangements—including one that ethics ex- retary. ‘‘The technology and insight that and Social Services Agency under Pence who perts say conflicted with her public duties. EDS has to offer will be a tremendous asset worked with Verma. A review by The Associated Press found as we continue to make great strides in new, Indiana University law professor David Seema Verma and her small Indianapolis- innovative programs, such as the Healthy In- Orentlicher compared Verma’s dual employ- based firm made millions through consulting diana Plan.’’ agreements with at least nine states while ment to an attorney who represents both the ‘‘As Indiana’s technology partner for more also working under contract for Hewlett plaintiff and the defense in a lawsuit. It’s than a decade and a half, EDS understands Packard. The company holds a financial also similar to federal contract negotiator the Healthy Indiana Plan and the state’s stake in the health care policies Verma’s with a side job for a company they regularly goal to cover its uninsured residents,’’ said consulting work helped shape in Indiana and negotiate with, he said. Sean Kenny, vice president, EDS Global elsewhere. ‘‘If you have one person on both sides of Her firm, SVC Inc., collected more than the negotiating, they can’t negotiate hard Health Care. ‘‘Our continued relationship $6.6 million in consulting fees from the state for both sides,’’ said Orentlicher, a former will provide stability not only for the cur- of Indiana since 2011, records show. At the Indiana Democratic state lawmaker. rent Medicaid program, but also for future same time, records indicate she also received There was at least one instance where reforms.’’ more than $1 million through a contract Verma crossed the line in Indiana when she ‘‘Long relationships are reflections of with Hewlett, the nation’s largest operator was dispatched by HP to help smooth over a earned trust and understanding of cultures of state Medicaid claims processing systems. billing dispute, said Minot. and goals,’’ said Barbara Anderson, vice Last year, her firm collected an additional ‘‘It was never clear to me until that mo- president, EDS U.S. Government Health $316,000 for work done for the state of Ken- ment that she, in essence, was representing Care. ‘‘Over the years, Indiana and EDS to- tucky as a subcontractor for HP Enterprises, both the agency and one of our very key con- gether have delivered program efficiencies to according to documents obtained by AP tractors,’’ said Minot, who was removed as enable reforms and help push forward vital, through public records requests. head of the agency by Pence over her dis- new programs to improve health outcomes In financial disclosures posted this week, agreements with Verma. ‘‘It was just shock- for Hoosiers.’’ Verma reported she has an agreement to sell ing to me that she could play both sides.’’ EDS is the nation’s largest provider of SVC Inc. to Health Management Associates State contracts show Verma’s duties to In- Medicaid and Medicare process management of Lansing, Michigan, within 90 days of her diana and Hewlett have overlapped at times. services, administering more than $100 bil- confirmation. One agreement she held with the state’s so- lion in benefits a year. EDS processes about In a statement, a spokesman for Verma cial services agency required her to ‘‘provide 1 billion Medicaid claims annually, more said there was no conflict of interest and technical assistance’’ to state contractors, than any other company, and provides fiscal

VerDate Sep 11 2014 04:07 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.023 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 13, 2017 CONGRESSIONAL RECORD — SENATE S1771 agent services/Medicaid information tech- aging community and stakeholder relation- lated to the advice rendered. Also, remember nology support for 21 states. Through its ships, survey and evaluation design and data that the advice given is based on the facts as global healthcare services and solutions, analysis. You further explain that SVC is I understand them. If this e-mail misstates EDS touches more than 200 million patient currently a contractor to the State of Indi- facts in a material way, or omits important lives each day. ana (‘‘State’’), specifically FSSA. Pursuant information, please bring those inaccuracies ABOUT EDS to this contractual relationship, I under- to my attention. EDS (NYSE: EDS) is a leading global tech- stand that SVC provides overall manage- Sincerely, nology services company delivering business ment, project leadership and support for the CYNDI CARRASCO, Indiana State-Operated Health Insurance Ex- solutions to its clients. EDS founded the in- Executive Director, Indiana State change Level One Grant Activities. You also formation technology outsourcing industry Ethics Commission. state that SVC has been a long-standing con- 45 years ago. Today, EDS delivers a broad Mr. WYDEN. Mr. President, I yield tractor to HP and its predecessors-in-inter- portfolio of information technology and est, Electronic Data Systems Corporation the floor. business process outsourcing services to cli- and EDS Information Services L.L.C. You in- The PRESIDING OFFICER (Mr. ents in the manufacturing, financial serv- dicate that SVC and HP have entered into MORAN). Under the previous order, the ices, healthcare, communications, energy, discussions about a new contractual arrange- question is, Will the Senate advise and transportation, and consumer and retail in- ment between the parties. Generally, the consent to the Verma nomination? dustries and to governments around the draft proposal you’ve submitted along with Mr. WYDEN. Mr. President, I ask for world. Learn more at eds.com. your request for an informal advisory opin- The statements in this news release that the yeas and nays. ion indicates that SVC would assist HP in are not historical statements, including The PRESIDING OFFICER. Is there a their efforts relating to work on State’s statements regarding the amount of new sufficient second? Medicaid Management Information System contract values, are forward-looking state- (MMIS). There appears to be a sufficient sec- ments within the meaning of the federal se- The threshold question in this case is ond. curities laws. These statements are subject whether the Code of Ethics applies to SVC. The clerk will call the roll. to numerous risks and uncertainties, many The Code of Ethics applies to a current or The assistant bill clerk called the of which are beyond EDS’ control, which former state officer, employee, and special roll. could cause actual results to differ materi- state appointee and a person who has a busi- Mr. CORNYN. The following Senator ally from such statements. For information ness relationship with an agency. SVC is nei- is necessarily absent: The Senator from concerning these risks and uncertainties, see ther a state officer nor a special state ap- EDS’ most recent Form 10–R. EDS disclaims Georgia (Mr. ISAKSON). pointee. The term ‘‘employee’’ is defined in Mr. DURBIN. I announce that the any intention or obligation to update or re- 1.C. 4–2–6–1(a)(8) to include an individual who Senator from Michigan (Mr. PETERS) is vise any forward-looking statements, wheth- contracts with an agency for personal serv- er as a result of new information, future ices. In this case, the contract between SVC necessarily absent. events or otherwise. and FSSA appears to be a personal services The PRESIDING OFFICER (Mr. contract. However, SVC is not an individual, LANKFORD). Are there any other Sen- [From Hewlett-Packard Development it is a corporation. Because SVC is not an in- ators in the Chamber desiring to vote? Company, Nov. 21, 2013] dividual, SVC would not be considered to be The result was announced—-yeas 55, FSSA EXECUTIVE TOUR an ‘‘employee’’ as the term is defined. nays 43, as follows: It would appear that SVC would be a ‘‘per- (By John Wanchick) [Rollcall Vote No. 86 Ex.] son who has a business relationship with an PRESENTERS YEAS—-55 John Wanchick, Account Executive; Scott agency.’’ Specifically, the term ‘‘person’’ is Alexander Flake Paul Mack, HPES Regional Manager, State defined to include a corporation. I.C. 4–2–6– Barrasso Gardner Perdue Health and Human Services; Jason Schenk, 1(a)(12). SVC is a corporation. Furthermore, a business relationship includes the dealings Blunt Graham Portman HPES Sales; Heather Lee, Claims Director; Boozman Grassley of a person with an agency seeking, obtain- Risch Doug Weinberg, CFO and Third Party Liabil- Burr Hatch ing, establishing, maintaining, or imple- Roberts ity Director; Sandra Lowe, Provider and Capito Heitkamp Rounds menting a pecuniary interest in a contract Member Services Director; Rebecca Siewert, Cassidy Heller Rubio Managed Care Director; Beth Steele, Long with an agency. I.C. 4–2–6–1(a)(5)(A)(i). SVC Cochran Hoeven Sasse Collins Inhofe has a contract with FSSA, a state agency. Scott Term Care Director; Lisa Pierce, Audit and Corker Johnson Accordingly, the Code of Ethics would apply Shelby Compliance Director; Maureen Hoffmeyer, Cornyn Kennedy to SVC as it applies to a ‘‘person who has a Strange Publications Director; Patrick Hogan, Sys- Cotton King business relationship with an agency.’’ tem Director; Darren Overfelt, ITO Director; Crapo Lankford Sullivan While the Code of Ethics contains fifteen Bev Goodgame, PMO and Business Analysis Cruz Lee Thune rules, including two that specifically address Tillis Director; Julie Sloma, DDI Project Manager; Daines Manchin conflicts of interest, the only rule in the Toomey Pat Steele, Operations Manager; Seema Donnelly McCain Code of Ethics that applies to a person who Enzi McConnell Wicker Verma, Executive Healthcare Policy Con- has a business relationship with an agency is Ernst Moran Young sultant. the Donor Restrictions rule set forth in 42 Fischer Murkowski INDIANA CORE MMIS HP-SVC PARTNERSHIP IAC 1–5–2. The Donor Restrictions rule pro- NAYS—-43 Provides innovative services to support hibits a person who has a business relation- Medicaid Policy; External Scan: Monitoring Baldwin Gillibrand Reed ship with an employee’s agency from pro- Bennet Harris Sanders federal regulatory environment, Financial, viding any gifts, favors, services, entertain- Blumenthal Hassan Schatz demographic, utilization, public health data, ment, food, drink, travel expenses or reg- Booker Heinrich Schumer Best practices; Support Goal & Objective istration fees to the employee if the em- Brown Hirono Shaheen Setting Process; Develop and Maintain Pro- ployee would not be permitted to accept the Cantwell Kaine Stabenow gram Policy; State Plan Maintenance: Sup- item under 42 IAC 1–5–1, the Gifts rule. Cardin Klobuchar Tester port with State plan and waivers. As a person who has business relationship Carper Leahy Udall Casey Markey with an agency, SVC is not subject to the Van Hollen Coons McCaskill Warner MARCH 30, 2012. conflict of interest rules set forth in the Cortez Masto Menendez Warren Ethics Opinion Code of Ethics. Accordingly, a conflict of in- Duckworth Merkley DEAR MS. VERMA: Thank you for con- terest under the Code of Ethics would not Durbin Murphy Whitehouse tacting our office. I understand you are re- arise for SVC if it entered into a consulting Feinstein Murray Wyden questing ethics advice to determine whether agreement with Hewlett-Packard Company Franken Nelson a conflict of interest would arise under the (‘‘HP’’) to assist HP on a contract HP has NOT VOTING—-2 Indiana Code of Ethics set forth in 41 I.A.C. and/or would have with FSSA. 1–5 (‘‘Code of Ethics’’) if SVC, Inc. d/b/a Thank you again for contacting our office. Isakson Peters Seema Verma Consulting (‘‘SVC’’) entered I hope this information is helpful. Please The nomination was confirmed. into a consulting agreement with Hewlett- note that this response does not constitute The PRESIDING OFFICER. The ma- Packard Company (‘‘HP’’) to assist HP on a an official advisory opinion. Only the State jority leader. contract HP has and/or would have with the Ethics Commission may issue an official ad- Mr. MCCONNELL. Mr. President, I Indiana Family and Social Services Adminis- visory opinion. This informal advisory opin- move to reconsider the vote, and I tration (‘‘FSSA’’). In your inquiry, you ex- ion allows us to give you quick, written ad- plain that SVC is an Indiana Corporation vice. The Commission will consider that an move to table the motion to recon- that provides a range of consulting services employee or former employee acted in good sider. on health policy, including policy and legis- faith if it is determined that the individual The PRESIDING OFFICER. The lative analysis, grant and proposal develop- committed a violation after receiving advice question is on agreeing to the motion ment, project and grants management, man- and the alleged violation was directly re- to table.

VerDate Sep 11 2014 02:35 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.025 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1772 CONGRESSIONAL RECORD — SENATE March 13, 2017 The motion was agreed to. CLOTURE MOTION show. We talked about the issues in my f Mr. MCCONNELL. Mr. President, I campaign, and although he asked send a cloture motion to the desk. tough questions, he was always fair. LEGISLATIVE SESSION The PRESIDING OFFICER. The clo- Milton welcomed differing opinions and Mr. MCCONNELL. Mr. President, I ture motion having been presented treated his guests and callers with ci- move to proceed to legislative session. under rule XXII, the Chair directs the vility. He became a staple of political The PRESIDING OFFICER. The clerk to read the motion. campaigns, and I appeared on his show question is on agreeing to the motion. The legislative clerk read as follows: multiple times in my campaigns for The motion was agreed to. CLOTURE MOTION the U.S. Senate. Milton represented a different age of f We, the undersigned Senators, in accordance with the provisions of rule XXII of the diplomatic and gracious programming EXECUTIVE SESSION Standing Rules of the Senate, do hereby that listeners of all opinions and inter- move to bring to a close debate on the nomi- ests listened to and trusted. He also nation of Lt. Gen. Herbert R. McMaster, Jr., made a name for himself covering the EXECUTIVE CALENDAR to be Lieutenant General. Kentucky Derby. Frequently appearing John McCain, Roger F. Wicker, John in ‘‘Millionaires Row,’’ Milton inter- Mr. MCCONNELL. Mr. President, I Hoeven, David Perdue, Pat Roberts, move that the Senate proceed to execu- Mike Crapo, Ben Sasse, Tom Cotton, viewed celebrities and guests who came tive session to consider Calendar No. Mike Rounds, Mitch McConnell, Thom to Louisville for the ‘‘Fastest Two Min- 23, Daniel Coats to be Director of Na- Tillis, James Lankford, Richard Burr, utes in Sports.’’ In 1989, he was in- tional Intelligence. Marco Rubio, Jerry Moran, Richard C. ducted into the Kentucky Journalism The PRESIDING OFFICER. The Shelby, James E. Risch. Hall of Fame, an honor he surely de- question is on agreeing to the motion. Mr. MCCONNELL. Mr. President, I served. The motion was agreed to. ask unanimous consent that the man- I ask my colleagues to join me in rec- The PRESIDING OFFICER. The datory quorum calls be waived. ognizing the life and career of Milton clerk will report the nomination. The PRESIDING OFFICER. Without Metz, a true radio pioneer. He earned The legislative clerk read the nomi- objection, it is so ordered. great acclaim in Kentucky and across the Nation, and his legacy will not nation of Daniel Coats, of Indiana, to f be Director of National Intelligence. soon be forgotten. LEGISLATIVE SESSION The Courier-Journal published an ar- CLOTURE MOTION Mr. MCCONNELL. Mr. President, I ticle on Milton Metz’s career. I ask Mr. MCCONNELL. Mr. President, I unanimous consent that a copy of the send a cloture motion to the desk. move to proceed to legislative session. The PRESIDING OFFICER. The article be printed in the RECORD. The PRESIDING OFFICER. The clo- There being no objection, the mate- ture motion having been presented question is on agreeing to the motion. The motion was agreed to. rial was ordered to be printed in the under rule XXII, the Chair directs the RECORD, as follows: f clerk to read the motion. [From the Courier-Journal, Jan. 12, 2017] The legislative clerk read as follows: DISAPPROVING A RULE SUB- LOCAL RADIO LEGEND MILTON METZ DEAD AT CLOTURE MOTION MITTED BY THE DEPARTMENT 95 We, the undersigned Senators, in accord- OF LABOR (By Andrew Wolfson) ance with the provisions of rule XXII of the Mr. MCCONNELL. Mr. President, I Milton Metz, a pioneer in broadcasting in Standing Rules of the Senate, do hereby move to proceed to H.J. Res. 42. Louisville and the longtime host of the talk move to bring to a close debate on the nomi- show ‘‘Metz Here’’ on WHAS Radio, died nation of Daniel Coats, of Indiana, to be Di- The PRESIDING OFFICER. The question is on agreeing to the motion. Thursday, according to former colleagues rector of National Intelligence. Wayne Perkey and Terry Meiners. Mitch McConnell, Michael B. Enzi, David The motion was agreed to. He was 95 and died at Magnolia Springs, a Perdue, Bob Corker, John Hoeven, The PRESIDING OFFICER. The senior living facility, Perkey said. Lamar Alexander, Bill Cassidy, John clerk will report. ‘‘El Metzo,’’ as he was affectionately Barrasso, Dan Sullivan, Tim Scott, The legislative clerk read as follows: known, began at the station in 1946. ‘‘Metz James Lankford, Tom Cotton, Mike A joint resolution (H.J. Res. 42) dis- Here’’ debuted July 30, 1959, with the title Rounds, James M. Inhofe, Chuck Grass- ‘‘Juniper 5–2385,’’ after its phone number, ley, Roy Blunt, Richard Burr. approving the rule submitted by the Depart- ment of Labor relating to drug testing of un- and ended on June 10, 1993. ‘‘Every time Milton Metz clicked on the f employment compensation applicants. mic, people across middle America were LEGISLATIVE SESSION f guaranteed wit, wisdom, and balance,’’ Meiners said. Mr. MCCONNELL. Mr. President, I MORNING BUSINESS ‘‘On or off the air, Milton was first and move to proceed to legislative session. foremost a gentleman, bringing grace and in- The PRESIDING OFFICER. The tellect into a sometimes inelegant media question is on agreeing to the motion. REMEMBERING MILTON METZ landscape,’’ Meiners said. ‘‘Rest easy, broth- The motion was agreed to. Mr. MCCONNELL. Mr. President, er. You blazed a beautiful trail and we shall follow.’’ f today I wish to pay tribute to a legend in broadcasting. For decades, radio lis- Perkey said Metz was a role model and fa- EXECUTIVE SESSION ther figure for a younger generation of teners in Kentucky and across the broadcasters that included Meiners, Perkey eastern United States tuned in to hear and Jack Fox. Milton Metz. El Metzo, as he was affec- ‘‘He was not afraid to ask difficult ques- EXECUTIVE CALENDAR tionately known, passed away in Janu- tions, but he tried to be fair,’’ Perkey said. Mr. MCCONNELL. Mr. President, I ary of this year at the age of 95. ‘‘He had a great wit and he showed it. I loved move that the Senate proceed to execu- Known for his show, ‘‘Metz Here,’’ him because he was Milton.’’ tive session to consider Calendar No. Milton provided fair and well-informed Bob Johnson, a retired political reporter on WHAS Radio and TV, said that unlike 19, Herbert R. McMaster, Jr., to be news for thousands of listeners. In his contemporary talk radio, his show never fea- Lieutenant General. time at WHAS radio in Louisville, KY, tured ‘‘talking heads shouting at each The PRESIDING OFFICER. The Milton almost became part of listeners’ other.’’ question is on agreeing to the motion. families. During his years on the air, ‘‘He had a sweet, gentle nature and his gra- The motion was agreed to. he covered a wide variety of topics and ciousness carried over into his work on the The PRESIDING OFFICER. The helped his listeners sort out the issues air,’’ said Johnson, later a Courier-Journal clerk will report the nomination. of the day. reporter. ‘‘I was very fond of him.’’ Perry Metz said his father enjoyed ‘‘a good The legislative clerk read the nomi- Like so many other Kentuckians, I joke, a long conversation and listening to nation of Lt. Gen. Herbert R. grew up tuning into Milton’s shows. different points of view. McMaster, Jr., to be Lieutenant Gen- When I first ran for Jefferson County ‘‘If civility is old-fashioned, you could say eral. judge/executive, I appeared on his he was old-fashioned,’’ said the younger

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For 20 years, he Schwartz ran track and played basketball, and now runs public radio and TV stations at served the Western District of Ken- baseball and football at Atherton High Indiana University in Bloomington. tucky as the head of the criminal divi- School, and despite a car accident that he Metz could be serious on the air but at a sion of the U.S. attorney’s office and, later said ruined his knees, he was recruited roast held when he retired he recalled how a by several universities before deciding on the publicity agent had called plugging his cli- during that time, successfully pros- University of Kentucky, where his father ent’s appearance. ecuted the Imperial Wizard of the Ku wanted him to go so he could see him play. ‘‘She’s written ‘Why Diets Don’t Work,’ ’’ Klux Klan in Louisville. He also helped But coach Blanton Collier left after the agent said. ‘‘But if that doesn’t appeal to end what was then the largest meth- Schwartz’s freshman year and his successor, you, we could talk about her new book, ‘The amphetamine lab in the Midwest. Charlie Bradshaw, ‘‘turned football into a One-Hour Orgasm.’ ’’ Duane fought for justice and left his nightmare,’’ Schwartz said years later when He also carefully guarded his age. community better than he found it. he was honored by Atherton. His experience In an interview with Courier-Journal col- is cited in author Shannon Ragland’s ‘‘The umnist Torn Dorsey in 1993, he would only He also worked to keep government Thin Thirty: The Untold Story of Brutality, say, ‘‘Let’s just say I’m older than Diane accountable to the people. As a leader Scandal and Redemption Schwartz’s for Sawyer and younger than Mike Wallace.’’ in Operation Boptrot, Duane led the Charlie Bradshaw’s 1962 Kentucky Football Wallace was 75 at the time. undercover investigation against and Team.’’ Schwartz switched to baseball, won a Sportscasting legend Cawood Ledford, who eventual conviction of many State leg- scholarship and lettered in the sport for spent 22 years at WHAS with Metz, once re- islators for taking bribes. three years. called that when Metz started his program Duane earned the praise of multiple After graduating from UK’s law school in back in the 1950s the dial was full of talk U.S. attorneys under whom he worked 1967, he returned to Louisville, where he was shows. general counsel for Tube Turns, served from Ledford joked that he would like to say and was awarded the Justice Depart- 1971 as a prosecutor in the U.S. attorney’s of- that Metz’s popularity drove the other shows ment’s Special Achiever Award by At- fice, and then left to work for 10 years as re- off the air, but the truth was that Metz sim- torney General Janet Reno in 1999. gional counsel for the U.S. Postal Service. ply outlived them all. I was proud to know Duane as a He returned to the U.S. attorney’s office He was born in Cleveland to a Russian-born classmate in law school. Even back where he was chief of the criminal section father and English-born mother and started then, he was known for his integrity, for 20 years until his retirement in 2004. his radio career in the 1930s in Cleveland commitment, and warmth. I would like He was honored by Attorney General Janet after graduating from Ohio State University. Reno for superior service in 1999 and also After serving in the army in World War II, to extend my deepest condolences to won the Justice Department’s special achiev- he joined the staff at WHAS radio in 1946. his wife, Ann, and I would ask all of my er award. The same year, Milton began recording Talk- colleagues here to join me in honoring f ing Books at American Printing House for this distinguished servant of the law. the Blind. The Courier-Journal published an ar- REMEMBERING DR. DAVID ‘‘Metz Here’’ became the longest-running ticle on Duane’s career. I ask unani- STEVENS show in Louisville and one of the longest- mous consent that a copy of the article running in the country. On WHAS-TV, he co- Mr. MCCONNELL. Mr. President, hosted and co-produced ‘‘Omelet,’’ a talk and be printed in the RECORD. today I wish to pay tribute to Dr. interview program for nine years and was There being no objection, the mate- David Stevens, a tireless advocate for the Channel 11 weatherman for 19 years. rial was ordered to be printed in the public health in Kentucky who passed He also interviewed countless celebrities RECORD, as follows: away at the age of 87. He dedicated his on the first Saturday in May during WHAS- [From the Courier-Journal, Jan 11, 2017] life to serving others, and he leaves be- TV’s traditional marathon pre-race show be- VETERAN PROSECUTOR A. DUANE SCHWARTZ hind a legacy of vision and leadership. fore the Kentucky Derby, where he was a fix- DIES For 16 years, David served in the Lex- ture on ‘‘Millionaire’s Row.’’ Metz was inducted into the Kentucky (By Andrew Wolfson) ington-Fayette Urban County Govern- Journalism Hall of Fame in 1989. A. Duane Schwartz, who supervised the ment. As a councilmember, he was a Joe Elliott, who took over Metz’ time slot prosecution of public corruption probe Oper- leading voice and advocate to make his after he Metz retired, said that Metz was a ation Boptrot as the longtime head of the community a healthier place to live. legend, not only in Kentucky but to listeners criminal division of the U.S. Attorney’s of- Before his service in local govern- through the Midwest and up and down the fice in Louisville, died Saturday at his home. ment, David was an orthopedic sur- East Coast, who caught his show on WHAS’s He was 74. geon. His career included two decades 50,000-watt clear channel transmitter. Schwartz was diagnosed seven years ago as the chief of staff of Shriner’s Hos- ‘‘What I loved about Milton was that he with Alzheimer’s disease, according to his was a master at everything he did,’’ Elliott daughter, Jennifer Scutchfield, an attorney pital for Children, an international said. and city council member in Lexington. nonprofit that provides healthcare to Elliott and Perkey said Metz would record During two separate tenures in the office, children, regardless of a family’s abil- shows in the afternoon on WHAS-FM, then a Schwartz successfully prosecuted the Impe- ity to pay. classical station, then do a daily business re- rial Wizard of the Ku Klux Klan in Louisville In 1968, he helped found the Central port on WHAS-AM, then the weather for TV, as well as defendants responsible for the Kentucky Blood Center to help hos- then his talk show, then the 11 p.m. news on then-largest methamphetamine lab in the pitals across Kentucky have reliable television. Midwest, according to a citation from the access to blood from donors. The center ‘‘He did everything and anything he needed Justice Department. has grown over the years, and it has be- to do,’’ said Elliott. He led the prosecution of Boptrot, the un- Perry Metz said his father was pained by dercover investigation that resulted in con- come a local partner in healthcare the coarseness of contemporary talk radio. viction of more than a dozen state legisla- across the Commonwealth. ‘‘Anyone who listened to ‘‘Metz Here’’ tors from 1992 to 1995 for taking bribes and David served on numerous other knew it was a show based on listeners, not other inducements. boards and commissions, all of which him,’’ Perry Metz said. ‘‘You could listen to More recently, in 1999, he tried and con- support the health, culture, and pros- him for years and not know his views.’’ victed Brennan Callan for partially sinking perity of the region. He also passed his ‘‘People would call him from across the the Belle of Louisville, winning a 30-month country and across the political spectrum expertise on to the next generation by sentence and an order for $987,000 in restitu- mentoring in medicine, public service, because they knew they could speak their tion. piece and he wouldn’t try to show them up or Former U.S. Attorney Joe Whittle in an and philanthropy. embarrass them.’’ interview Wednesday called Schwartz ‘‘an In addition to his professional accom- f all-American guy’’ and one of the best pros- plishments, David was known as a well- ecutors he ever worked with. rounded gentleman with a dry wit. At REMEMBERING A. DUANE ‘‘I valued his counsel on whether to pros- the age of 83, he hiked a 60-mile jour- SCHWARTZ ecute or not,’’ Whittle said. ‘‘He was a moral ney through Philmont Scout Reserva- Mr. MCCONNELL. Mr. President, man.’’ tion in New Mexico with his son and 15- today I wish to honor the life of a de- John Kuhn, the current U.S. attorney, said year-old grandson. voted public servant, A. Duane in a statement that Schwartz was ‘‘univer- The University of Kentucky honored sally recognized as an outstanding pros- Schwartz, who passed away earlier this ecutor, a sage leader, and a warm, faithful, him with the Honorary Alumnus year. loving friend. Duane elevated the quality of Award, and DePauw University award- Duane was widely admired for his our work and strengthened our commitment ed him the Old Gold Goblet for profes- strong fidelity to the law and his dedi- to justice.’’ sional achievement and service.

VerDate Sep 11 2014 04:07 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.026 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1774 CONGRESSIONAL RECORD — SENATE March 13, 2017 I am proud to say that I knew David. RECOGNIZING YOUNG from an inhumane and misinformed Over the years, I developed a deep re- VERMONTERS FOR THEIR COM- point of view. Without immigration in spect for his work on behalf of his com- MITMENT TO REFUGEES the past, no one would be here, and it munity. A man who dedicated his time, Mr. LEAHY. Mr. President, Vermont is simply un-American to deny freedom skill, and passion to those around him, is known far and wide as a tourist des- from persecution to refugees and other I know that countless Kentuckians will tination for all seasons. From our cele- immigrants.’’ remember his good works. I know that brated ski slopes to our stunning and Emma writes: ‘‘With all of the recent I will. world-renowned fall foliage, Vermont stigma regarding the Refugee Resettle- draws travelers from near and far, from ment Plan, Rutland’s program has re- I would like to extend my deepest cently gone static. At Rutland High condolences to his son, Dr. Scott Ste- nearby States and from Canada, our neighbor to the north. What many School, we have a club that helps raise vens, and all of David’s family and money and eventually welcome the ref- don’t realize is that Vermont has also friends. As one of the countless individ- ugees. Please make all the movement become home to refugees and asylum uals impacted by David’s life, I can say possible to make these people feel wel- seekers from Iraq, Syria, Bosnia, with great certainty that he will be come in our state. We don’t want to be Sudan, and elsewhere. These men, deeply missed. stuck on the wrong side of history.’’ women and children enrich our commu- Victoria writes: ‘‘I feel that it is in- f nities and inspire us all. credibly important for us to help refu- One Vermont community, Rutland, gees who are in desperate need of a sec- last year announced that it would wel- ond chance at life. As a global super- REMEMBERING CHARLES come refugees fleeing the catastrophic power of a country, it seems absurd to ANTHONY ‘‘C.A.’’ WILLIAMS civil war in Syria. The town was preme that we are accepting so few refu- paring to welcome 100 refugees. Nine Mr. MCCONNELL. Mr. President, gees to our communities, as we could today I wish to honor the life of arrived. When President Trump issued be helping with the global refugee cri- Charles Anthony ‘‘C.A.’’ Williams, of his appalling and disastrous executive sis a whole lot more by actually trying London, KY, who passed away after a order banning admission to refugees to mitigate it.’’ long career of public service and great from Syria and six other nations, the Ian writes: ‘‘The refugees should creativity. remaining 91 individuals were pre- come to Rutland because we are de- vented from coming to Vermont. voted to helping integrate them into During a lifetime of achievement, I have heard from hundreds of our community. Several of the stu- C.A. had many professions. He served Vermonters outraged by President dents here are devoting every Friday to his community as a Laurel County Trump’s Executive actions to close our getting together and coming up with clerk and his Nation in the U.S. Army. borders to those seeking refuge. Also great ideas on how we can incorporate He traveled the country driving a semi- deeply concerning is the President’s them.’’ truck, and he shared his deep faith as a clear intent on targeting Muslim refu- Kjersti writes: ‘‘As a citizen in the gospel music singer and songwriter. gees. The freedom of religion, en- United States, I believe the diversity is In each of these endeavors, C.A shrined in the First Amendment of our what makes this country beautiful, and showed his passion, his skill, and his Constitution and defended through the the fact that someone is exempt from love. Through his music and his wit- ages by generations of Americans, the freedom and is turned away be- ness, C.A. fulfilled his greatest desire should not be squandered to promote cause of their diversity is not what this in life. Mr. Kip Jervis, one of C. A.’s an unfounded fear. country stands for.’’ nephews, remembered that his uncle The voices raised in opposition to Noah writes: ‘‘I believe we should let ‘‘had a made-up mind of where he was these executive orders cross the spec- people immigrate to Vermont because headed, and he made it his mission to trum. I want to include in the RECORD the people in these countries are living take everyone he could with him.’’ some of those voices: students at Rut- in terrible living conditions. Everyone land High School, some of whom have This drive led C.A. to share his story in this world is equal so there’s no rea- formed the New Neighbors Club, to and his faith. son not to let them in. They just want help welcome refugee students who will a chance at a safe life.’’ His passion continued throughout his attend Rutland City Public Schools. Ashleah writes: ‘‘We should continue battle with brain cancer. After a 1989 Emma writes: ‘‘I am a 9th grader to support immigration for the Syrian diagnosis, C.A. faced every day with from Rutland High School. We should refugees into our community. This is optimism, knowing that ‘‘he was a win- continue to support immigration in such a great opportunity for Rutland ner either way.’’ After a long fight, Vermont and the United States. These to experience more diversity and more C.A. recovered from cancer and contin- people deserve a good life and don’t de- culture. Our small city would benefit ued to write music. serve what they have to go through.’’ greatly from allowing refugees to come Reverend Gene Greene, the pastor of Carolyn writes: ‘‘I’m from Rutland, and live with us.’’ Carmichael Pentecostal Church in East Vermont, and I believe that refugee re- Kelsey writes: ‘‘People who are safe Bernstadt, remembered C.A.’s immense settlement is an important issue. We and living comfortably should do their talent. During his long drives in his have the opportunity to make a change best to help those that need it. I feel by semi-truck, C.A. would write gospel in these people’s lives and make new turning them away and denying them songs, a practice that became his relationships and bonds in our lives. help we are being inhuman and cruel.’’ Caitlin writes: ‘‘I believe immigra- greatest joy. He released some of these They need a support system so why tion should be accepted in all areas of songs in an album called ‘‘Magnificent can’t that be us?’’ Lea writes: ‘‘This immigration ban is this country. I strongly support the Jesus.’’ For a man of so many talents, a big problem to me. I don’t like that idea of people wanting to make a bet- this album was one of C.A.’s proudest our country is stopping people from ter life for themselves. I choose to take accomplishments. coming to our country. I know many a stand against anti-immigration for I C.A. left behind three loving chil- people are afraid of what could happen believe it is essential to make America dren, Brittany, Brooklyn, and Israel, to us. But we are all human and they better.’’ and his sister, Connie. I know that the are humans looking for safety.’’ Greta writes: ‘‘These Syrians are peo- memories of C.A.’s love for them will Lily writes, ‘‘Everyone deserves the ple who have gone through atrocities help ease their pain. Elaine and I send same amount of respect and under- and deserve our help. They will also our deepest condolences to the entire standing that we afford to anyone. The promote understanding and diversity Williams family, and I know that C.A. refugees obviously need our help and in our community amidst this political will be remembered fondly by everyone we are completely capable of building a climate of fear mongering. Welcoming he inspired with his faith, his dedica- community that is ready and willing to Syrian refugees will only be beneficial tion, and his music. He was a good accept the refugees.’’ for Rutland and United States, and is man, and I am proud to say he was my Jessica writes: ‘‘I can understand upholding the value of America and friend. these fears, but they also clearly come human rights.’’

VerDate Sep 11 2014 04:08 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.021 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 13, 2017 CONGRESSIONAL RECORD — SENATE S1775 And Elizabeth writes: ‘‘I am dis- TRANSMITTAL NO. 16–81 tem (PLUMSS) that contains an Improved appointed with how our current admin- Notice of Proposed Issuance of Letter of Platform Integration kit (iPIK) to load GPS istration is portraying our nation to Offer Pursuant to Section 36(b)(1) of the coordinates, mission trajectory and fuze Arms Export Control Act, as amended mode data into the mortar round. The GPS the rest of the world. I think the people PPS crypto key is loaded into the iPIK by of the United States are stronger, more (i) Prospective Purchaser: Singapore. system key loader PYQ–10. Both the XM395 loving, and kinder people than what is (ii) Total Estimated Value: and the iPIK contain a Selective Avail- being shown, and I think we need to Major Defense Equipment* $42 million. ability Anti-Spoofing Module (SAASM). The take individual action in order to show Other $24 million. XM395 has 90% commonality with the Total $66 million. this.’’ Army’s M1156 Precision Guided Kit. The (iii) Description and Ouantity or overall system classification is SECRET. The voices of these young Ouantities of Articles or Services under Con- 2. XM395 utilizes the Army’s M782 Multi- Vermonters are emblematic of what I sideration for Purchase: Option for Artillery (MOFA) Proximity hear from Vermonters across our Major Defense Equipment (MDE): Height of Burst (HOB) Technology. The HOB State. We all want to keep our country Two thousand (2,000) XM395 Accelerated sensor is comprised of components with tech- safe; of that, there is no question. But Precision Mortar Initiative (APMI) rounds. nologies deemed as state of the art, requiring President Trump’s travel ban ignores Non-MDE includes: U.S. Government and specialized production skills. The sensitive/ the clear fact that refugees are the contractor services, mortar tube compat- critical technology is primarily in the de- ibility testing and/or modification, and other sign, development, production and manufac- most stringently vetted travelers to associated support equipment and services. turing of the components (integrated cir- the United States. His Executive order (iv) Military Department: Army (VGG). cuits and assembly), and the integration provokes and plays on fear. It does not (v) Prior Related Cases, if any: None. methodology required to integrate those make us safer. (vi) Sales Commission, Fee, etc., Paid, Of- components onto an assembly to process em- Benjamin Franklin once famously fered, or Agreed to be Paid: None. bedded data (the software—algorithm—work- said, ‘‘Those who give up essential lib- (vii) Sensitivity of Technology Contained ing parameters). The overall system classi- in the Defense Article or Defense Services fication is SECRET. erty, to purchase a little temporary 3. Disclosure of this technology could re- safety, deserve neither liberty nor safe- Proposed to be Sold: See Annex Attached. (viii) Date Report Delivered to Congress: sult in an adversary developing counter- ty.’’ I hope all Senators will listen to March 13, 2017. measures, thus lessening the effect of the the words of these young Vermonters. *As defined in Section 47(6) of the Arms projectile. Disclosure of test data, counter- President Trump’s Executive order Export Control Act. measures, vulnerability/susceptibility anal- yses, and threat definition could allow re- does little to enhance our security, but POLICY JUSTIFICATION does great damage to the freedoms that verse engineering and use by an adversary Government of Singapore—XM395 Acceler- for possible use against U.S. and Coalition are the cornerstone of our good and ated Precision Mortar Initiative (APMI) forces. Compromise could jeopardize the U.S. great Nation. Rounds inventory through jammer development by f The Government of Singapore has re- adversaries. The risk of compromise has been assessed as moderate. Risk is reduced for ARMS SALES NOTIFICATION quested a possible sale of two thousand (2,000) XM395 Accelerated Precision Mortar fuze/munitions if adequately controlled and Mr. CORKER. Mr. President, section Initiative (APMI) rounds; U.S. Government protected in storage and on the battlefield. 36(b) of the Arms Export Control Act and contractor services; and other associated Risk is mitigated by the prevention of dis- support equipment and services. The total closure of sensitive classified information requires that Congress receive prior no- (the know-how, software, and associated doc- estimated cost is $66 million. tification of certain proposed arms umentation). sales as defined by that statute. Upon This proposed sale will contribute to the 4. A determination has been made that the such notification, the Congress has 30 foreign policy and national security of the recipient country can provide the same de- United States by helping to improve the se- gree of protection for the sensitive tech- calendar days during which the sale curity of a friendly country which has been, may be reviewed. The provision stipu- nology being released as the U.S. Govern- and continues to be an important partner ment. This sale is necessary in furtherance lates that, in the Senate, the notifica- and force for political stability and economic of the U.S. foreign policy and national secu- tion of proposed sales shall be sent to progress in the Asia Pacific region. rity objectives outlined in the Policy Jus- the chairman of the Senate Foreign The Government of Singapore intends to tification. Relations Committee. use these defense articles and services to 5. All defense articles and services listed in In keeping with the committee’s in- modernize its armed forces to meet current this transmittal have been authorized for re- tention to see that relevant informa- and future threats, to strengthen its home- lease and export to Singapore. land defense, and to provide greater security f tion is available to the full Senate, I for its economic infrastructure. The Govern- ask unanimous consent to have printed ment of Singapore will have no difficulty ab- AGRICULTURE INDUSTRY in the RECORD the notifications which sorbing XM395 APMI mortar rounds into its MERGERS have been received. If the cover letter armed forces. Mr. GRASSLEY. Mr. President, I ask The proposed sale of this equipment and references a classified annex, then such unanimous consent to be printed in the annex is available to all Senators in support does not alter the basic military balance in the region. RECORD the concerns of the Summit the office of the Foreign Relations Agricultural Group regarding three Committee, room SD–423. The prime contractor will be Orbital ATK. There are no known offset agreements pro- mergers in the agriculture industry. There being no objection, the mate- posed in connection with this potential sale. Specifically, this group is concerned rial was ordered to be printed in the Implementation of this proposed sale will with the mergers between Bayer AG RECORD, as follows: require U.S. Government personnel or U.S. and Monsanto, DuPont and Dow Chem- DEFENSE SECURITY contractor representatives to travel to ical, and China National Chemical Cor- COOPERATION AGENCY, Singapore for a period of one (1) week for poration—ChemChina—and Syngenta Arlington, VA. equipment fielding and acceptance testing AG. The paper states that ‘‘the mergers by the Quality Assurance Team. Hon. BOB CORKER, of these international agrochemical Chairman, Committee on Foreign Relations, There will be no adverse impact on US. de- U.S. Senate, Washington, DC. fense readiness as a result of this proposed and seed giants will significantly re- DEAR MR. CHAIRMAN: Pursuant to the re- sale. duce competition and innovation in the porting requirements of Section 36(b)(1) of TRANSMITTAL NO. 16–81 agricultural sector, and will cause ir- the Arms Export Control Act, as amended, reparable harm to the American farmer Notice of Proposed Issuance of Letter of we are forwarding herewith Transmittal No. Offer Pursuant to Section 36(b)(1) of the via increased input costs.’’ 16–81, concerning the Department of the Arms Export Control Act As my colleagues are aware, I have Army’s proposed Letter(s) of Offer and Ac- long been concerned about concentra- Annex Item No. vii ceptance to Singapore for defense articles tion and competition in the agriculture and services estimated to cost $66 million. (vii) Sensitivity of Technology: sector. Increased concentration in the After this letter is delivered to your office, 1. The XM395 Accelerated Precision Mortar industry could significantly reduce we plan to issue a news release to notify the Initiative (APMI) is a Global Position Sys- public of this proposed sale. tem (GPS), Precise Positioning Service choice and raise the price of chemicals Sincerely, (PPS) guided 120mm high explosive mortar and seed for farmers, which ultimately J.W. RIXEY, cartridge capable of enemy defeat with low can affect choice and costs for con- Vice Admiral, USN, Director. collateral damage. It utilizes a Precision sumers. Moreover, further consolida- Enclosures. Light-Weight Universal Mortar Setting Sys- tion could diminish crucial research

VerDate Sep 11 2014 04:14 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.018 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1776 CONGRESSIONAL RECORD — SENATE March 13, 2017 and development initiatives which into germplasm, when farmers had the abil- Barriers to Entry: Given the costs and drive have innovation and techno- ity to buy the now generic Roundup Ready® timelines for the development of transgenic logical advances for the agricultural trait, there was and is no competitive traits and plant breeding, new competition and innovation will be limited. Transgenic sector. I have also raised concerns germplasm to put it in. Plainly put, more consolidation will only serve to increase the traits have to be integrated into the about the competitive advantages that prevalence of anti-competitive actions germplasm without impacting the crop in are likely to result from the caused by consolidated ownership of other negative ways. As noted in corn, the ChemChina-Syngenta transaction. germplasm, transgenic traits, and chemicals. germplasm is controlled primarily by two companies: Bayer-Monsanto and DuPont- I have written several letters to both DETAILED DISCUSSION: AGRICULTURE MERGERS Dow, with ChemChina-Syngenta having a the Justice Department and the Fed- Background: Bayer AG and Monsanto, Du- eral Trade Commission expressing my small share. In soybeans, Bayer-Monsanto Pont and Dow Chemical, and China National would control over 90% of the soybean concerns and asking that they care- Chemical Corporation (ChemChina) and transgenic traits that are contained in the fully review these mergers and collabo- Syngenta AG have all announced their inten- Monsanto, DuPont, and Syngenta soybean rate, as appropriate, on their analysis tions to merge in 2017. The mergers of these germplasm. of the impact on the agricultural in- international agrochemical and seed giants As agriculture is a global market, new dustry. These regulators need to take a will significantly reduce competition and in- transgenic traits have to be approved in all hard look at both the efficiencies and novation in the agricultural sector, and will export countries in order for a U.S. farmer to do irreparable harm to the American farmer. be comfortable knowing there will be a mar- the benefits that the merging compa- Market Share Dominance: Corn is the sin- ket for his crop. The current international nies believe will result from these gle most important grain crop in the U.S., transgenic regulatory approval process can transactions, as well as the concerns grown on 94 million acres with a finished take over 8 years and can cost in excess of raised by independent and small play- crop worth $50 billion. The U.S. grows 40% of $150 million per trait. This international reg- ers in the market, farmers, and con- the world’s corn supply, exported 13% of the ulatory burden means that only the largest sumers. crop in 2016, and corn is an important compo- companies have the means and capabilities There being no objection, the mate- nent of the positive U.S. trade balance of $35 to get a new transgenic trait approved for rial was ordered to be printed in the billion stemming from agriculture. As the use by U.S. farmers. This limits the ability graph at right shows, if these mergers are al- for any company with new transgenic traits RECORD, as follows: lowed to proceed, two companies: Dow-Du- ever getting them to the market. Aside from EXECUTIVE SUMMARY: AGRICULTURE MERGERS Pont and Bayer-Monsanto would effectively the enormous expense, the control of the Background: Bayer AG and Monsanto, Du- control the U.S. corn market at the most high performing germplasm and required Pont and Dow Chemical, and China National basic level—the germplasm. Breeding with transgenic trait platforms, almost certainly Chemical Corporation (ChemChina) and germplasm for higher yields and agronomic eliminates the entry of new innovation and Syngenta AG have all announced their inten- performance is still the number one factor trait technologies by any company other tions to merge. The mergers of these inter- for success on the farm. than those contemplating the mergers. In national agrochemical and seed giants will While industry data shows Monsanto has the past ten years China has used its regu- significantly reduce competition and innova- 36% of the seed corn market, it uses a licens- latory approval process as a trade tool, tion in the agricultural sector, and will ing model whereby the independent seed which makes the acquisition of Syngenta by cause irreparable harm to the American companies (the other 17% in the table below) ChemChina (a state-owned enterprise) even farmer via increased input costs. effectively distribute Monsanto hybrid seed that much more unsettling. Market Structure: Many view market corn and traits through their own brands, Ability to Bundle: Aside from fertilizer, a share in terms of retail sales; however, the paying Monsanto two different royalties: one farmer has to buy seeds (inclusive of underlying structure should be examined to for germplasm (genetics) and one for the transgenic traits), seed treatments, and crop determine competitive dynamics. Almost all transgenic traits. Further, Monsanto li- protection chemicals (herbicides, fungicides, commercial seed sold for planting a crop is censes out different, and many would argue and insecticides) each year. Given the composed of germplasm ‘‘genetics’’ and inferior, germplasm to the independent seed vertical integration and dominant market transgenic traits, which are genes inserted companies than the germplasm it uses in its position of these companies, major bundling to alter the seed, for example Monsanto’s own brands. The smaller independent seed opportunities exist. These companies will Roundup® gene made plants tolerant to companies receive inferior germplasm to the have the opportunity to require farmers to Roundup® herbicide. When an independent larger independent seed companies, and may buy seed, seed treatments, and crop protec- seed company, say Becks Hybrids, wants to pay a higher royalty per unit to do so. Du- tion chemicals even though superior chem- sell seed they need to acquire a license to Pont primarily sells its hybrid seed corn istry or generic alternatives may exist. both the germplasm and transgenic trait, through its own sales channels. Often these bundles of seeds, traits, seed and pay the licensor both germplasm and Soybeans are the most important oilseed treatments, and crop protection chemicals trait fees on each bag of seed they sell. With- crop in the U.S., planted on 84 million acres, are part of the patent protection these com- out access to high yielding and performing and representing a finished crop of $35 billion panies have in place, or in connection with germplasm, the addition of the transgenic at the farm level in 2016. As with corn, Mon- sales promotions and programs. It is impos- sible for an independent seed company to traits is almost irrelevant. Plainly stated: If santo uses a licensing model to distribute compete with this type of vertical bundling you have a gene that makes a horse that soybean genetics and traits through inde- opportunities. Monsanto has already been runs faster, but no horses, it’s a problem. pendent companies. Monsanto has 90% mar- accused of bundling its Roundup® herbicide Competitive Issues: Given this, concentra- ket share in soybean transgenic traits with the access to its seed and traits, even tion of germplasm into few companies would through their own brands, independent li- though a generic version of glyphosate herbi- give them the ability to bundle their censees, and through licensing to DuPont cide is readily available to farmers at a frac- germplasm, transgenic traits, and chemicals and Syngenta. tion of the price. together, creating significant pricing power. Syngenta and DuPont have paid-up li- International Implications: As the graph Further, because germplasm is the building censes for the Monsanto soybean transgenic on the right indicates, these companies have block of the seed it would significantly re- traits, which means the Syngenta and Du- significant market share in crop protection duce incentives for independent innovation— Pont germplasm and breeding programs are chemicals on a global basis. The same holds if a new trait is discovered, what options all on the Monsanto transgenic trait plat- true for their seeds and transgenic traits in would a third party have to combine with form. With the paid-up license to the Mon- the countries which have approved their cul- competitive germplasm and get to market? santo soybean transgenic traits, Syngenta tivation including Argentina, Brazil, and Lastly, independent seed companies would be and DuPont have a margin opportunity on Canada. The impacts on the farmers in these irreparably harmed given the need to acquire the transgenic trait royalty to take market countries will no doubt be the same as in the germplasm from potentially two companies share from the independent seed companies. U.S. that control 90% + of all genetics in the mar- To illustrate the power of the germplasm Near-Term and Long-Term Negative Im- ket. performance, Monsanto agreed to give its pact: If these mergers are allowed to proceed Practical Historical Examples: When the first-generation transgenic trait Roundup there will be negative impacts through-out Roundup® chemical came off-patent, Mon- Ready® to the market, as it was coming off agribusiness. Research for new transgenic santo was able to increase the Roundup patent. The problem is the other companies traits and other biotech innovations will be Ready® seed trait licensing fee by multiples with germplasm breeding programs had al- stifled as the ability to take such traits to to offset the revenue decline. More recently, ready committed their breeding efforts to the market in competitive genetics will be when Monsanto’s Roundup Ready® seed trait the new patented Roundup Ready 2 Yield® controlled by two companies. The ability to was about to come off-patent they gave it to technology. Since it takes 5–6 years to breed stack any new traits and/or technology will the market. However, other germplasm a new trait into high performing germplasm, be controlled by the patent protections the breeding companies had already committed by the time farmers had the ability to buy merging companies hold on their germplasm breeding programs to the new patented the now generic Roundup Ready® transgenic and related trait technologies. Roundup Ready 2 Yield® technology. Given trait, there was and is no competitive In the near-term, the existing independent the 5–6 years required to breed a new trait germplasm available to put it in. seed companies who rely on licensing from

VerDate Sep 11 2014 02:37 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.030 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 13, 2017 CONGRESSIONAL RECORD — SENATE S1777 Monsanto for their corn and soybean Bird Conservation Act (16 U.S.C. 715a), Environmental Protection Agency, transmit- germplasm and traits to be sold in their and the order of the House of January ting, pursuant to law, the report of a rule en- brands will be squeezed given that the new 3, 2017, the Speaker appoints the fol- titled ‘‘Approval of California Air Plan Revi- merged companies will need to increase mar- lowing Member of the House of Rep- sions, Yolo-Solano Air Quality Management ket share and profits for their shareholders District’’ (FRL No. 9958–43–Region 9) re- to justify the mergers. Independent seed resentatives to the Migratory Bird ceived in the Office of the President of the companies cannot compete with the bundling Conservation Commission: Mr. Thomp- Senate on March 8, 2017; to the Committee opportunities and margins that the merged son of California. on Environment and Public Works. companies will enjoy with their combined f EC–1002. A communication from the Direc- product offerings. tor of the Regulatory Management Division, In the longer term, the American farmer MEASURES REFERRED Environmental Protection Agency, transmit- will lose as the remaining oligopoly uses The following bills were read the first ting, pursuant to law, the report of a rule en- their market power, bundling of products, and the second times by unanimous titled ‘‘Approval of California Air Plan; and limited competition to increase the consent, and referred as indicated: Owens Valley Serious Area Plan for the 1987 costs for every acre planted. This in turn 24-Hour PM10 Standard’’ (FRL No. 9958–80– will increase the costs for consumers in all H.R. 720. An act to amend Rule 11 of the Region 9) received in the Office of the Presi- markets touched by production agriculture. Federal Rules of Civil Procedure to improve dent of the Senate on March 8, 2017; to the attorney accountability, and for other pur- f Committee on Environment and Public poses; to the Committee on the Judiciary. Works. MESSAGE FROM THE HOUSE H.R. 725. An act to amend title 28, United EC–1003. A communication from the Direc- RECEIVED DURING ADJOURNMENT States Code, to prevent fraudulent joinder; tor of Congressional Affairs, Office of New to the Committee on the Judiciary. Reactors, Nuclear Regulatory Commission, ENROLLED JOINT RESOLUTIONS SIGNED H.R. 985. An act to amend the procedures transmitting, pursuant to law, the report of Under the authority of the order of used in Federal court class actions and a rule entitled ‘‘Enforcement Guidance the Senate of January 3, 2017, the Sec- multidistrict litigation proceedings to as- Memorandum 15–002, Revision 1: Enforce- retary of the Senate, on March 10, 2017, sure fairer, more efficient outcomes for ment Discretion for Tornado-Generated Mis- during the adjournment of the Senate, claimants and defendants, and for other pur- sile Protection Non-Compliance’’ (EGM 15– received a message from the House of poses; to the Committee on the Judiciary. 002) received in the Office of the President of Representatives announcing that the f the Senate on March 8, 2017; to the Com- Speaker had signed the following en- EXECUTIVE AND OTHER mittee on Environment and Public Works. rolled joint resolutions: EC–1004. A communication from the Board COMMUNICATIONS Members, Railroad Retirement Board, trans- H.J. Res. 37. Joint resolution disapproving The following communications were mitting, pursuant to law, an annual report the rule submitted by the Department of De- relative to the Board’s compliance with the fense, the General Services Administration, laid before the Senate, together with accompanying papers, reports, and doc- Government in the Sunshine Act during cal- and the National Aeronautics and Space Ad- endar year 2016; to the Committee on Home- ministration relating to the Federal Acquisi- uments, and were referred as indicated: land Security and Governmental Affairs. tion Regulation. EC–996. A communication from the Direc- EC–1005. A communication from the Chair- H.J. Res. 44. Joint resolution disapproving tor of the Regulatory Management Division, man, National Endowment for the Human- the rule submitted by the Department of the Environmental Protection Agency, transmit- ities, transmitting, pursuant to law, the En- Interior relating to Bureau of Land Manage- ting, pursuant to law, the report of a rule endowment’s Performance and Accountability ment regulations that establish the proce- titled ‘‘Streptomycin; Pesticide Tolerances Report for fiscal year 2016 and the Uniform dures used to prepare, revise, or amend land for Emergency Exemptions’’ (FRL No. 9957– Resource Locator (URL) for the report; to use plans pursuant to the Federal Land Pol- 65) received in the Office of the President of the Committee on Homeland Security and icy and Management Act of 1976. the Senate on March 8, 2017; to the Com- Governmental Affairs. H.J. Res. 57. Joint resolution providing for mittee on Agriculture, Nutrition, and For- EC–1006. A communication from the Man- congressional disapproval under chapter 8 of estry. agement and Program Analyst, Federal title 5, United States Code, of the rule sub- EC–997. A communication from the Direc- Aviation Administration, Department of mitted by the Department of Education re- tor of the Regulatory Management Division, Transportation, transmitting, pursuant to lating to accountability and State plans Environmental Protection Agency, transmit- law, the report of a rule entitled ‘‘Airworthi- under the Elementary and Secondary Edu- ting, pursuant to law, the report of a rule en- ness Directives; The Boeing Company Air- cation Act of 1965. titled ‘‘Oxytetracycline; Pesticide Toler- planes’’ ((RIN2120–AA64) (Docket No. FAA– H.J. Res. 58. Joint resolution providing for ances for Emergency Exemptions’’ (FRL No. 2016–6670)) received in the Office of the Presi- congressional disapproval under chapter 8 of 9959–19) received in the Office of the Presi- dent of the Senate on March 7, 2017; to the title 5, United States Code, of the rule sub- dent of the Senate on March 8, 2017; to the Committee on Commerce, Science, and mitted by the Department of Education re- Committee on Agriculture, Nutrition, and Transportation. lating to teacher preparation issues. Forestry. EC–1007. A communication from the Attor- Under the authority of the order of EC–998. A communication from the Direc- ney-Advisor, U.S. Coast Guard, Department the Senate of January 3, 2017, the en- tor of the Regulatory Management Division, of Homeland Security, transmitting, pursu- rolled joint resolutions were signed on Environmental Protection Agency, transmit- ant to law, the report of a rule entitled March 13, 2017, during the adjournment ting, pursuant to law, the report of a rule en- ‘‘Drawbridge Operation Regulation; Stur- of the Senate, by the President pro titled ‘‘Flupyradifurone; Pesticide Toler- geon Bay, Sturgeon Bay, WI’’ ((RIN1625– ances for Emergency Exemptions’’ (FRL No. AA09) (Docket No. USCG–2017–0050)) received tempore (Mr. HATCH). 9958–75) received in the Office of the Presi- in the Office of the President of the Senate f dent of the Senate on March 8, 2017; to the on March 8, 2017; to the Committee on Com- MESSAGE FROM THE HOUSE Committee on Agriculture, Nutrition, and merce, Science, and Transportation. Forestry. EC–1008. A communication from the Attor- At 2:03 p.m., a message from the EC–999. A communication from the General ney-Advisor, U.S. Coast Guard, Department House of Representatives, delivered by Counsel of the Federal Housing Finance of Homeland Security, transmitting, pursu- Mr. Novotny, one of its reading clerks, Agency, transmitting, pursuant to law, the ant to law, the report of a rule entitled ‘‘Spe- announced that the House has passed report of a rule entitled ‘‘Freedom of Infor- cial Local Regulation; Black Warrior River; the following bills, in which it requests mation Act Implementation’’ (RIN2590–AA86) Tuscaloosa, AL’’ ((RIN1625–AA08) (Docket received in the Office of the President of the the concurrence of the Senate: No. USCG–2017–0032)) received in the Office of Senate on March 9, 2017; to the Committee the President of the Senate on March 8, 2017; H.R. 720. An act to amend Rule 11 of the on Banking, Housing, and Urban Affairs. to the Committee on Commerce, Science, Federal Rules of Civil Procedure to improve EC–1000. A communication from the Assist- and Transportation. attorney accountability, and for other pur- ant General Counsel for Legislation, Regula- EC–1009. A communication from the Attor- poses. tion and Energy Efficiency, Department of ney-Advisor, U.S. Coast Guard, Department H.R. 725. An act to amend title 28, United Energy, transmitting, pursuant to law, the of Homeland Security, transmitting, pursu- States Code, to prevent fraudulent joinder. report of a rule entitled ‘‘Energy Conserva- ant to law, the report of a rule entitled ‘‘Spe- H.R. 985. An act to amend the procedures tion Program: Energy Conservation Stand- cial Local Regulation; Black Warrior River; used in Federal court class actions and ards for Commercial Prerinse Spray Valves’’ Tuscaloosa, AL’’ ((RIN1625–AA08) (Docket multidistrict litigation proceedings to as- (RIN1904–AD31) received in the Office of the No. USCG–2017–0034)) received in the Office of sure fairer, more efficient outcomes for President of Senate on March 7, 2017; to the the President of the Senate on March 8, 2017; claimants and defendants, and for other pur- Committee on Energy and Natural Re- to the Committee on Commerce, Science, poses. sources. and Transportation. The message also announced that EC–1001. A communication from the Direc- EC–1010. A communication from the Attor- pursuant to section 2 of the Migratory tor of the Regulatory Management Division, ney-Advisor, U.S. Coast Guard, Department

VerDate Sep 11 2014 03:12 Jun 16, 2017 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD17\MARCH\S13MR7.REC S13MR7 S1778 CONGRESSIONAL RECORD — SENATE March 13, 2017 of Homeland Security, transmitting, pursu- Exchange Commission relating to compen- By Mr. FLAKE (for himself and Mr. ant to law, the report of a rule entitled satory benefit plans, and for other purposes. MCCAIN): ‘‘Safety Zone; Operational Equipment Test; f S. 614. A bill to require the Secretary of Bellingham Bay; Bellingham, WA’’ the Interior to establish a pilot program for ((RIN1625–AA00) (Docket No. USCG–2016– INTRODUCTION OF BILLS AND commercial recreation concessions on cer- 0084)) received in the Office of the President JOINT RESOLUTIONS tain land managed by the Bureau of Land of the Senate on March 8, 2017; to the Com- The following bills and joint resolu- Management; to the Committee on Energy mittee on Commerce, Science, and Transpor- tions were introduced, read the first and Natural Resources. tation. By Mr. BENNET (for himself and Mr. and second times by unanimous con- EC–1011. A communication from the Attor- RUBIO): ney-Advisor, U.S. Coast Guard, Department sent, and referred as indicated: S. 615. A bill to establish an alternative, of Homeland Security, transmitting, pursu- By Mr. UDALL (for himself, Mr. outcomes-based process for authorizing inno- ant to law, the report of a rule entitled TESTER, and Ms. CANTWELL): vative, high-quality higher education pro- ‘‘Safety Zone; Loop Parkway Bridge—Long S. 607. A bill to establish a business incuba- viders to participate in programs under title Creek, Hempstead, NY’’ ((RIN1625–AA00) tors program within the Department of the IV of the Higher Education Act of 1965; to (Docket No. USCG–2017–0019)) received in the Interior to promote economic development the Committee on Health, Education, Labor, Office of the President of the Senate on in Indian reservation communities; to the and Pensions. March 8, 2017; to the Committee on Com- Committee on Indian Affairs. By Mr. LEE (for himself and Mr. merce, Science, and Transportation. By Mrs. FEINSTEIN (for herself, Mr. HATCH): EC–1012. A communication from the Attor- SCHUMER, Mr. DURBIN, Ms. KLO- S.J. Res. 38. A joint resolution providing ney-Advisor, U.S. Coast Guard, Department BUCHAR, Ms. CORTEZ MASTO, Mr. for congressional disapproval under chapter 8 of Homeland Security, transmitting, pursu- BOOKER, Mr. LEAHY, Mrs. SHAHEEN, of title 5, United States Code, of the rule ant to law, the report of a rule entitled Mr. COONS, Mr. BLUMENTHAL, Ms. submitted by the Environmental Protection ‘‘Safety Zone; Columbia River, Sand Island, HIRONO, Mr. MARKEY, Ms. BALDWIN, Agency relating to ‘‘Approval, Disapproval WA’’ ((RIN1625–AA00) (Docket No. USCG– Ms. WARREN, Mr. CARPER, Mr. SAND- and Promulgation of Air Quality Implemen- 2017–0118)) received in the Office of the Presi- ERS, Mr. BENNET, Mrs. MURRAY, Mr. tation Plans; Partial Approval and Partial dent of the Senate on March 8, 2017; to the UDALL, Mr. KAINE, Mr. FRANKEN, Mr. Disapproval of Air Quality Implementation Committee on Commerce, Science, and SCHATZ, Mr. REED, Mrs. GILLIBRAND, Plans and Federal Implementation Plan; Transportation. Mr. MERKLEY, Ms. HASSAN, Mr. MUR- Utah; Revisions to Regional Haze State Im- EC–1013. A communication from the Dep- PHY, Mr. MENENDEZ, Mr. KING, Mr. plementation Plan; Federal Implementation uty Chief, Enforcement Bureau, Federal WYDEN, Mr. CASEY, Mr. HEINRICH, Mr. Plan for Regional Haze’’; to the Committee Communications Commission, transmitting, CARDIN, Mr. VAN HOLLEN, Ms. on Environment and Public Works. pursuant to law, the report of a rule entitled DUCKWORTH, Mr. BROWN, Ms. STABE- f ‘‘Amendment of Section 1.80(b) of the Com- NOW, and Ms. HARRIS): mission’s Rules: Adjustment of Civil Mone- S. 608. A bill to nullify the effect of the ADDITIONAL COSPONSORS tary Penalties to Reflect Inflation’’ (DA 16– March 6, 2017 executive order that tempo- 1453) received in the Office of the President rarily restricts most nationals from six S. 34 of the Senate on March 6, 2017; to the Com- countries from entering the United States; At the request of Mr. JOHNSON, the mittee on Commerce, Science, and Transpor- to the Committee on the Judiciary. names of the Senator from Kentucky tation. By Mr. MORAN (for himself, Mr. (Mr. PAUL), the Senator from Wyoming EC–1014. A communication from the Chief BLUMENTHAL, Mr. GRASSLEY, Ms. (Mr. ENZI) and the Senator from Flor- of Staff, Media Bureau, Federal Communica- MURKOWSKI, Mr. WHITEHOUSE, Ms. UBIO tions Commission, transmitting, pursuant to BALDWIN, Mr. BROWN, Mr. TESTER, ida (Mr. R ) were added as cospon- law, the report of a rule entitled ‘‘Amend- and Mr. KING): sors of S. 34, a bill to amend chapter 8 ment of Section 73.202(b), FM Table of Allot- S. 609. A bill to amend the Department of of title 5, United States Code, to pro- ments, FM Broadcast Stations (Red Lake, Veterans Affairs Health Care Programs En- vide for the en bloc consideration in Minnesota)’’ ((MB Docket No. 05–142) (DA 16– hancement Act of 2001 and title 38, United resolutions of disapproval for ‘‘mid- 371)) received in the Office of the President States Code, to require the provision of night rules’’, and for other purposes. of the Senate on March 7, 2017; to the Com- chiropractic care and services to veterans at mittee on Commerce, Science, and Transpor- all Department of Veterans Affairs medical S. 108 tation. centers and to expand access to such care At the request of Mr. HATCH, the f and services, and for other purposes; to the name of the Senator from New Hamp- Committee on Veterans’ Affairs. shire (Ms. HASSAN) was added as a co- REPORTS OF COMMITTEES By Mr. REED (for himself and Mr. sponsor of S. 108, a bill to amend the The following reports of committees GRASSLEY): Internal Revenue Code of 1986 to repeal were submitted: S. 610. A bill to promote transparency by permitting the Public Company Accounting the excise tax on medical devices. By Mr. CRAPO, from the Committee on Oversight Board to allow its disciplinary S. 109 Banking, Housing, and Urban Affairs, with proceedings to be open to the public, and for amendments: At the request of Mr. GRASSLEY, the S. 327. A bill to direct the Securities and other purposes; to the Committee on Bank- name of the Senator from Massachu- Exchange Commission to provide a safe har- ing, Housing, and Urban Affairs. setts (Mr. MARKEY) was added as a co- bor related to certain investment fund re- By Mrs. FEINSTEIN (for herself and sponsor of S. 109, a bill to amend title Mr. PORTMAN): search reports, and for other purposes. XVIII of the Social Security Act to By Mr. CRAPO, from the Committee on S. 611. A bill to amend the McKinney- Vento Homeless Assistance Act to meet the provide for coverage under the Medi- Banking, Housing, and Urban Affairs, with- care program of pharmacist services. out amendment: needs of homeless children, youth, and fami- S. 444. A bill to amend the Investment lies, and honor the assessments and prior- S. 155 ities of local communities; to the Committee Company Act of 1940 to expand the investor At the request of Mr. RUBIO, the limitation for qualifying venture capital on Banking, Housing, and Urban Affairs. By Mr. FLAKE (for himself and Mr. name of the Senator from Texas (Mr. funds under an exemption from the defini- CORNYN) was added as a cosponsor of S. tion of an investment company. MCCAIN): S. 462. A bill to require the Securities and S. 612. A bill to provide for the 155, a bill to amend the National Labor Exchange Commission to refund or credit unencumbering of title to non-Federal land Relations Act to permit employers to certain excess payments made to the Com- owned by the city of Tucson, Arizona, for pay higher wages to their employees. purposes of economic development by con- mission. S. 170 By Mr. CRAPO, from the Committee on veyance of the Federal reversionary interest At the request of Mr. RUBIO, the Banking, Housing, and Urban Affairs, with to the City; to the Committee on Energy and amendments: Natural Resources. names of the Senator from New York S. 484. A bill to amend the Investment By Mr. FLAKE: (Mr. SCHUMER) and the Senator from Company Act of 1940 to terminate an exemp- S. 613. A bill to amend the Public Utility Delaware (Mr. COONS) were added as co- tion for companies located in Puerto Rico, Regulatory Policies Act of 1978 to provide for sponsors of S. 170, a bill to provide for the Virgin Islands, and any other possession the consideration by State regulatory au- nonpreemption of measures by State of the United States. thorities and nonregulated electric utilities and local governments to divest from of whether subsidies should be provided for By Mr. CRAPO, from the Committee on entities that engage in commerce-re- Banking, Housing, and Urban Affairs, with- the deployment, construction, maintenance, out amendment: or operation of a customer-side technology; lated or investment-related boycott, S. 488. A bill to increase the threshold for to the Committee on Energy and Natural Re- divestment, or sanctions activities tar- disclosures required by the Securities and sources. geting Israel, and for other purposes.

VerDate Sep 11 2014 02:37 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.006 S13MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 13, 2017 CONGRESSIONAL RECORD — SENATE S1779 S. 198 ness models of institutions into ac- S. 493 At the request of Mr. RUBIO, the count when taking regulatory actions, At the request of Mr. RUBIO, the name of the Senator from Delaware and for other purposes. name of the Senator from South Caro- (Mr. COONS) was added as a cosponsor S. 372 lina (Mr. SCOTT) was added as a cospon- of S. 198, a bill to require continued At the request of Mr. PORTMAN, the sor of S. 493, a bill to amend title 38, and enhanced annual reporting to Con- name of the Senator from Maine (Ms. United States Code, to provide for the gress in the Annual Report on Inter- COLLINS) was added as a cosponsor of S. removal or demotion of employees of national Religious Freedom on anti-Se- 372, a bill to amend the Tariff Act of the Department of Veterans Affairs mitic incidents in Europe, the safety 1930 to ensure that merchandise arriv- based on performance or misconduct, and security of European Jewish coming through the mail shall be subject and for other purposes. munities, and the efforts of the United to review by U.S. Customs and Border S. 512 States to partner with European gov- Protection and to require the provision At the request of Mr. BARRASSO, the ernments, the European Union, and of advance electronic information on name of the Senator from Arizona (Mr. civil society groups, to combat anti- shipments of mail to U.S. Customs and FLAKE) was added as a cosponsor of S. Semitism, and for other purposes. Border Protection and for other pur- 512, a bill to modernize the regulation S. 200 poses. of nuclear energy. At the request of Mr. MARKEY, the S. 382 S. 528 name of the Senator from Oregon (Mr. At the request of Mr. MENENDEZ, the At the request of Mr. TESTER, the MERKLEY) was added as a cosponsor of names of the Senator from Maine (Ms. name of the Senator from Maine (Mr. S. 200, a bill to prohibit the conduct of COLLINS) and the Senator from Ohio KING) was added as a cosponsor of S. a first-use nuclear strike absent a dec- (Mr. BROWN) were added as cosponsors 528, a bill to amend the Family and laration of war by Congress. of S. 382, a bill to require the Secretary Medical Leave Act of 1993 to provide S. 229 of Health and Human Services to de- leave because of the death of a son or At the request of Mr. HEINRICH, the velop a voluntary registry to collect daughter. name of the Senator from Connecticut data on cancer incidence among fire- S. 548 (Mr. MURPHY) was added as a cosponsor fighters. At the request of Ms. CANTWELL, the of S. 229, a bill to provide for the con- S. 387 names of the Senator from New Hamp- fidentiality of information submitted At the request of Mr. PERDUE, the shire (Mrs. SHAHEEN) and the Senator in requests for the Deferred Action for name of the Senator from Iowa (Mr. from Ohio (Mr. PORTMAN) were added Childhood Arrivals Program, and for GRASSLEY) was added as a cosponsor of as cosponsors of S. 548, a bill to amend other purposes. S. 387, a bill to amend the Consumer the Internal Revenue Code of 1986 to re- S. 236 Financial Protection Act of 2010 to sub- form the low-income housing credit, At the request of Mr. WYDEN, the ject the Bureau of Consumer Financial and for other purposes. names of the Senator from Washington Protection to the regular appropria- (Mrs. MURRAY) and the Senator from tions process, and for other purposes. S. 563 Mississippi (Mr. WICKER) were added as S. 445 At the request of Mr. HELLER, the name of the Senator from Florida (Mr. cosponsors of S. 236, a bill to amend the At the request of Ms. COLLINS, the Internal Revenue Code of 1986 to re- name of the Senator from Rhode Island RUBIO) was added as a cosponsor of S. 563, a bill to amend the Flood Disaster form taxation of alcoholic beverages. (Mr. REED) was added as a cosponsor of Protection Act of 1973 to require that S. 242 S. 445, a bill to amend title XVIII of the certain buildings and personal property At the request of Mr. CASSIDY, the Social Security Act to ensure more name of the Senator from Louisiana timely access to home health services be covered by flood insurance, and for other purposes. (Mr. KENNEDY) was added as a cospon- for Medicare beneficiaries under the sor of S. 242, a bill to amend title 38, Medicare program. S. 568 United States Code, to permit veterans S. 459 At the request of Mr. BROWN, the to grant access to their records in the At the request of Mr. RUBIO, the names of the Senator from Rhode Is- databases of the Veterans Benefits Ad- name of the Senator from Wisconsin land (Mr. REED), the Senator from Mas- ministration to certain designated con- (Mr. JOHNSON) was added as a cosponsor sachusetts (Mr. MARKEY), and the Sen- gressional employees, and for other of S. 459, a bill to designate the area ator from Massachusetts (Ms. WARREN) purposes. between the intersections of Wisconsin were added as cosponsors of S. 568, a S. 276 Avenue, Northwest and Davis Street, bill to amend title XVIII of the Social At the request of Mr. FLAKE, the Northwest and Wisconsin Avenue, Security Act to count a period of re- name of the Senator from Nevada (Mr. Northwest and Edmunds Street, North- ceipt of outpatient observation serv- HELLER) was added as a cosponsor of S. west in Washington, District of Colum- ices in a hospital toward satisfying the 276, a bill to amend title 28, United bia, as ‘‘Boris Nemtsov Plaza’’, and for 3-day inpatient hospital requirement States Code, to divide the ninth judi- other purposes. for coverage of skilled nursing facility services under Medicare. cial circuit of the United States into 2 S. 479 circuits, and for other purposes. At the request of Mr. BROWN, the S. 574 S. 339 name of the Senator from Rhode Island At the request of Mr. MARKEY, the At the request of Mr. NELSON, the (Mr. REED) was added as a cosponsor of name of the Senator from Massachu- name of the Senator from Alabama S. 479, a bill to amend title XVIII of the setts (Ms. WARREN) was added as a co- (Mr. STRANGE) was added as a cospon- Social Security Act to waive coinsur- sponsor of S. 574, a bill to restrict the sor of S. 339, a bill to amend title 10, ance under Medicare for colorectal can- use of funds for the long-range standoff United States Code, to repeal the re- cer screening tests, regardless of weapon until the Secretary of Defense quirement for reduction of survivor an- whether therapeutic intervention is re- completes a Nuclear Posture Review nuities under the Survivor Benefit quired during the screening. that includes an assessment of the ca- Plan by veterans’ dependency and in- S. 484 pabilities and effects of the use of the demnity compensation, and for other At the request of Mr. MENENDEZ, the long-range standoff weapon, and for purposes. name of the Senator from Florida (Mr. other purposes. S. 366 RUBIO) was added as a cosponsor of S. S.J. RES. 27 At the request of Mr. ROUNDS, the 484, a bill to amend the Investment At the request of Mr. CASSIDY, the name of the Senator from Nebraska Company Act of 1940 to terminate an names of the Senator from Wyoming (Mrs. FISCHER) was added as a cospon- exemption for companies located in (Mr. ENZI) and the Senator from Kan- sor of S. 366, a bill to require the Fed- Puerto Rico, the Virgin Islands, and sas (Mr. MORAN) were added as cospon- eral financial institutions regulatory any other possession of the United sors of S.J. Res. 27, a joint resolution agencies to take risk profiles and busi- States. disapproving the rule submitted by the

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In re- ceeding continued to issue no fewer name of the Senator from Kentucky sponse to this crisis, the Senate Com- than 29 additional audit reports on (Mr. MCCONNELL) was added as a co- mittee on Banking, Housing, and public companies without any of those sponsor of S.J. Res. 34, a joint resolu- Urban Affairs conducted multiple hear- companies knowing about its PCAOB tion providing for congressional dis- ings, which produced consensus on a disciplinary proceedings. Disturbingly, approval under chapter 8 of title 5, number of underlying causes, including investors and the public company cli- United States Code, of the rule sub- weak corporate governance, a lack of ents of that audit firm were deprived of mitted by the Federal Communications accountability, and inadequate over- relevant information about the pro- Commission relating to ‘‘Protecting sight of accountants charged with au- ceedings against the firm and the sub- the Privacy of Customers of Broadband diting public companies’ financial stance of any violations. In addition to the reasons I have al- and Other Telecommunications Serv- statements. ready provided, there are other reasons ices’’. In order to address the gaps and structural weaknesses revealed by the why the board’s enforcement pro- S. CON. RES. 6 investigation and hearings, the Senate ceedings should be open and trans- At the request of Mr. BARRASSO, the passed the Sarbanes-Oxley Act of 2002 parent. names of the Senator from Maine (Ms. in a 99-to-0 vote. Among its many pro- First, the incentive to litigate cases COLLINS) and the Senator from Mon- visions, this law called for the creation in order to continue to shield conduct tana (Mr. DAINES) were added as co- of a strong, independent board, the from public scrutiny as long as possible sponsors of S. Con. Res. 6, a concurrent PCAOB, responsible for overseeing frustrates the process and requires the resolution supporting the Local Radio auditors of public companies in order expenditure of needless resources by Freedom Act. to protect investors who rely on inde- both litigants and the PCAOB. S. CON. RES. 7 Second, agencies such as the SEC pendent audit reports on the financial have found open and transparent dis- At the request of Mr. ROBERTS, the statements of public companies. names of the Senator from North Da- To conduct its duties, the PCAOB, ciplinary proceedings to be valuable kota (Ms. HEITKAMP) and the Senator under the oversight of the U.S. Securi- because they inform peer audit firms of from Missouri (Mr. BLUNT) were added ties and Exchange Commission, SEC, the type of activity that may give rise as cosponsors of S. Con. Res. 7, a con- oversees more than 1,500 registered ac- to enforcement action by the regu- lator. In effect, transparent pro- current resolution expressing the sense counting firms, as well as the audit ceedings can serve as a deterrent to of Congress that tax-exempt fraternal partners and staff who contribute to a misconduct because of a perceived in- benefit societies have historically pro- firm’s work on each audit. The board’s crease in the likelihood of ‘‘getting vided and continue to provide critical ability to initiate proceedings to deter- caught.’’ Accordingly, the audit indus- benefits to the people and communities mine whether there have been viola- try as a whole would also benefit from of the United States. tions of its auditing standards or rules timely, public, and nonsecret enforce- S. RES. 76 of professional practice is an important At the request of Mr. CASEY, the ment proceedings. component of its oversight. Our bill will make hearings by the names of the Senator from California However, unlike other oversight bod- PCAOB, and all related notices, orders, (Mrs. FEINSTEIN) and the Senator from ies, such as the SEC, the U.S. Depart- and motions, transparent and available West Virginia (Mr. MANCHIN) were ment of Labor, the Federal Deposit In- to the public unless otherwise ordered added as cosponsors of S. Res. 76, a res- surance Corporation, the U.S. Com- by the Board. This would more closely olution expressing support for the des- modity Futures Trading Commission, align the PCAOB’s procedures with ignation of March 21, 2017, as ‘‘National the Financial Industry Regulatory Au- those of the SEC for analogous mat- Rosie the Riveter Day’’. thority, and others, the Board’s dis- ters. S. RES. 81 ciplinary proceedings are not allowed Increasing transparency and account- At the request of Mr. MANCHIN, the to be public without consent from the ability of audit firms subject to PCAOB names of the Senator from Wyoming parties involved. Of course, parties sub- disciplinary proceedings is a critical (Mr. ENZI), the Senator from Colorado ject to disciplinary proceedings have component of bolstering and maintain- (Mr. GARDNER), and the Senator from no incentive to consent to publicizing ing investor confidence in our financial Michigan (Ms. STABENOW) were added their alleged wrongdoing and thus markets, while better protecting com- as cosponsors of S. Res. 81, a resolution these proceedings typically remain panies from problematic auditors. I recognizing the 196th anniversary of cloaked behind a veil of secrecy. In ad- hope our colleagues will join Senator the independence of Greece and cele- dition, the board’s decisions in discipli- Grassley and me in supporting this leg- brating democracy in Greece and the nary proceedings are not allowed to be islation to enhance transparency in the United States. publicized until after the complete ex- PCAOB’s enforcement process. f haustion of an appeals process, which can often take several years. By Mrs. FEINSTEIN (for herself STATEMENTS ON INTRODUCED These PCAOB disciplinary pro- and Mr. PORTMAN): BILLS AND JOINT RESOLUTIONS ceedings create a lack of transparency S. 611. A bill to amend the McKinney- By Mr. REED (for himself and that invites abuse and undermines the Vento Homeless Assistance Act to Mr. GRASSLEY): congressional intent behind the meet the needs of homeless children, S. 610. A bill to promote trans- PCAOB, which was to shine a bright youth, and families, and honor the as- parency by permitting the Public Com- light on auditing firms and practices, sessments and priorities of local company Accounting Oversight Board to and to bolster the accountability of munities; to the Committee on Bank- allow its disciplinary proceedings to be auditors of public companies to the ining, Housing, and Urban Affairs. open to the public, and for other pur- vesting public. Mrs. FEINSTEIN. Mr. President, I poses; to the Committee on Banking, Over the years, some bad actors have rise today to introduce bipartisan leg- Housing, and Urban Affairs. taken advantage of this loophole to islation with my colleague Senator Mr. REED. Mr. President, I am re- shield themselves from public scrutiny Portman that would align HUD home- introducing the PCAOB Enforcement and accountability. PCAOB Chairman less assistance with existing Federal Transparency Act along with Senator James Doty has repeatedly stated in children and youth programs and pro- Grassley. This bill permits the Public testimony provided to both the Senate vide flexibility to local communities to Company Accounting Oversight Board, and House of Representatives over the use available resources to meet the PCAOB, to make public the discipli- years that the secrecy of the pro- needs that they identify.

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A joint resolution pro- Senate completes its business today, it Education, approximately 1.2 million viding for congressional disapproval adjourn until 2 p.m., Tuesday, March children were homeless during the 2014 under chapter 8 of title 5, United 14; further, that following the prayer to 2015 school year; this is a 34-percent States Code, of the rule submitted by and pledge, the morning hour be increase from the 939,903 homeless stu- the Environmental Protection Agency deemed expired, the Journal of pro- dents in the 2009 to 2010 school year. relating to ‘‘Approval, Disapproval and ceedings be approved to date, the time In California, over 229,000 children ex- Promulgation of Air Quality Imple- for the two leaders be reserved for their perienced homelessness in 2015, nearly mentation Plans; Partial Approval and use later in the day, and morning busi- four times the 65,000 homeless children Partial Disapproval of Air Quality Im- ness be closed; finally, that following in the State in 2003. plementation Plans and Federal Imple- leader remarks, the Senate resume Unfortunately, the numbers reported mentation Plan; Utah; Revisions to Re- consideration of H.J. Res. 42. by the HUD Point-in-Time count fail to gional Haze State Implementation The PRESIDING OFFICER. Is there reflect these increasing numbers. Plan; Federal Implementation Plan for objection? According to the national 2015 HUD Regional Haze’’; to the Committee on Without objection, it is so ordered. Point-in-Time count, there were only Environment and Public Works. 206,286 people counted as homeless in f households that included children, a f DISAPPROVING A RULE SUB- fraction of the true number. APPOINTMENTS MITTED BY THE DEPARTMENT This is important because only those The PRESIDING OFFICER. The OF LABOR—Continued children counted by HUD are eligible Chair announces, on behalf of the ORDER FOR ADJOURNMENT for vital homeless assistance programs Mr. MCCONNELL. Mr. President, if and included in local planning efforts. Democratic leader, pursuant to Public The rest of these children and families Law 105–83, the reappointment of the there is no further business to come be- are simply out of luck. following individual to serve as a mem- fore the Senate, I ask unanimous con- The Homeless Children and Youth ber of the National Council on the sent that it stand adjourned under the Act of 2017 would allow HUD homeless Arts: the Honorable TAMMY BALDWIN of previous order, following the remarks assistance programs to serve extremely Wisconsin. of Senator CRUZ. vulnerable children and families, spe- The Chair, on behalf of the President The PRESIDING OFFICER. Without cifically those staying in motels or in pro tempore, pursuant to Public Law objection, it is so ordered. doubled-up situations because they 96–388, as amended by Public Law 97–84, The Senator from Texas. have nowhere else to go. and Public Law 106–292, reappoints the Mr. CRUZ. Mr. President, I rise today These families are especially suscep- following Senators to the United to commend the Senate for taking up tible to abuse and trafficking because States Holocaust Memorial Council: legislation that I have introduced, they are often not served by a case the Honorable BERNARD SANDERS of along with my colleague in the House, manager and thus remain hidden from Vermont and the Honorable AL Chairman KEVIN BRADY, to reverse yet potential social service providers. FRANKEN of Minnesota. another instance of Executive over- As a result of the current narrow The Chair, pursuant to Executive reach by the Obama administration. HUD definition, communities that re- order 12131, as amended and extended, H.J. Res. 42 passed the House 236 to ceive Federal funding through the com- appoints the following Senators to the 189, with support on both sides of the petitive application process are unable President’s Export Council: the Honor- aisle, including nearly unanimous Re- to prioritize or direct resources to help able AMY KLOBUCHAR of Minnesota and publican support, and I urge my col- these children and families. the Honorable KIRSTEN E. GILLIBRAND leagues in this Chamber to swiftly ap- This bill would provide communities of New York. prove this legislation and to send it to with the flexibility to use Federal The Chair, on behalf of the President the President’s desk for his signature. funds to meet local priorities. The bill of the Senate, pursuant to Public Law In the bipartisan Middle Class Tax requires the Secretary to assess the ex- 85–874, as amended, reappoints the fol- Relief and Job Creation Act of 2012, tent to which Continuums of Care use lowing Senator to the Board of Trust- Congress permitted but did not require separate, specific, age-appropriate cri- ees of the John F. Kennedy Center for States to assess State unemployment teria for determining the safety and the Performing Arts: the Honorable compensation or insurance program ap- needs of children and unaccompanied MARK WARNER of Virginia. plicants for drug usage under two cir- youth and divert people to safe, stable, The Chair, on behalf of the Vice cumstances: workers who had been dis- age-appropriate accommodations. President, pursuant to Public Law 94– charged from their last job because of And I would note that the bill does 304, as amended by Public Law 99–7, ap- unlawful drug use and workers looking not impose any new mandates on serv- points the following Senators as mem- for jobs in occupations where appli- ice providers. bers of the Commission on Security cants and employees are subject to Finally, this legislation improves and Cooperation in Europe (Helsinki) drug testing. data collection transparency by requir- during the 115th Congress: the Honor- The unemployment insurance pro- ing HUD to report the point in time able BENJAMIN L. CARDIN of Maryland, gram is designed to facilitate swift re- PIT count and the Annual Homeless employment by requiring applicants to Assessment Report, AHAR to include the Honorable SHELDON WHITEHOUSE of be able to work and actively seek em- data on all categories of homelessness. Rhode Island, the Honorable TOM ployment in order to be eligible. The Mr. President, I am pleased that Sen- UDALL of New Mexico, and the Honor- ator Rob Portman has joined me as an able JEANNE SHAHEEN of New Hamp- 2012 job creation act noted that if a original cosponsor on this bill. Home- shire. worker lost a job due to drug usage, lessness continues to plague our Na- The Chair, on behalf of the President that worker would have established tion. If we fail to address the needs of of the Senate, pursuant to Public Law him- or herself as not being fully able these children and families today, they 106–286, appoints the following Mem- or available to work. will remain stuck in a cycle of poverty bers to serve on the Congressional-Ex- Further, under appropriate State- and chronic homelessness. ecutive Commission on the People’s level programs, States could choose to It is our moral obligation to ensure Republic of China: the Honorable restrict benefits for individuals who that we do not erect more barriers for DIANNE FEINSTEIN of California, the fail drug tests as well as to design pro- these children and families to access Honorable JEFF MERKLEY of Oregon, grams to help them overcome their services when they are experiencing ex- and the Honorable GARY C. PETERS of drug use and become work-ready. A treme hardship. I believe this bill is a Michigan. number of States have responded to commonsense solution that will ensure f this opportunity. We are not helping anyone by leaving them in the position that homeless families and children ORDERS FOR TUESDAY, MARCH 14, can receive the help they need. where they are dependent on and ad- 2017 dicted to drugs. By Mr. LEE (for himself and Mr. Mr. MCCONNELL. Mr. President, I In Texas, for example, the Texas Leg- HATCH): ask unanimous consent that when the islature passed senate bill 21, which not

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IN TRIBUTE TO JOHN PERSONAL EXPLANATION HONORING THE 45TH ANNIVER- BARTKOWSKI SARY OF THE CAMILLUS ERIE CANAL PARK HON. GREG WALDEN HON. GWEN MOORE OF OREGON HON. JOHN KATKO OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES OF NEW YORK IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Monday, March 13, 2017 Monday, March 13, 2017 Monday, March 13, 2017 Mr. WALDEN. Mr. Speaker, on Friday, Mr. KATKO. Mr. Speaker, I rise today in March 10, 2016, I was unable to be present honor of the 45th anniversary of the Camillus Ms. MOORE. Mr. Speaker, I rise today to and missed the recorded votes on roll call no. recognize John Bartkowski who is retiring from Erie Canal Park in my hometown of Camillus, 157 and 158 regarding H.R. 720, the Lawsuit New York. the Sixteenth Street Community Health Cen- Abuse Reduction Act. Had I been present, I ters on March 31, 2017. He retires as CEO Established in 1972, the Camillus Erie would have voted NAY on Roll Call No. 157, Canal Park is part of the Erie Canalway Na- and President at the organization after serving and YEA on Roll Call No. 158. for nearly 30 years. tional Heritage Corridor in Upstate New York. It is maintained and operated by an entirely Mr. Bartkowski has spent much of his ca- f volunteer group dedicated to preserving and reer at the Sixteenth Street Community Health restoring the historic Erie Canal in the Town of Centers making an extraordinary impact on ECONOMIC GROWTH IN JACKSON COUNTY, GA Camillus. the lives of the people they serve through both The Camillus Erie Canal Park offers Central innovation and growth. When John started at New Yorkers, tourists, and students from Sixteenth Street they had one storefront loca- HON. DOUG COLLINS across New York State over 10 miles of his- tion and now have 5 sites. Over the decades toric walkways, boat rides along the Erie he has led the organization as a tireless advo- OF GEORGIA Canal, and museums showcasing the history cate and provider of quality care for commu- IN THE HOUSE OF REPRESENTATIVES of the canal. nity health concerns to make a real difference Critical to the preservation of this historic Monday, March 13, 2017 in the lives of the people they serve. 84 per- site, members of the Camillus Erie Canal So- cent of the individuals they serve are Hispanic/ Mr. COLLINS of Georgia. Mr. Speaker, I ciety and many hardworking volunteers in our Latino, 19 percent are uninsured and 65 per- rise today to recognize the economic growth community worked to restore the 1842 Nine cent are at 100 percent of the Federal Poverty that Jackson County has experienced over the Mile Creek Aqueduct at the Camillus Erie Level or under. There is a huge need for qual- past year. The investment of new companies Canal Park. This is the only restored navi- ity bilingual services and Sixteenth Street in the Ninth District of Georgia has brought gable aqueduct in New York State and is list- Community Health Centers has met that need hundreds of new jobs to our community, and ed on the National Registry of Historic Sites. on all levels. it is my hope that this growth will continue for The Erie Canal stretches from Albany to While at the helm of Sixteenth Street Com- years to come. Buffalo and has played a pivotal role in the so- munity Health Centers some of John’s most For many years, companies have made cioeconomic development of New York State notable achievements in addition to expansion their home alongside Interstate 85 in the mid- and our country. This corridor, which is cele- include: the creation of an Environmental dle of Jackson County. The continued growth brating its 200th anniversary this year, was re- Health Department to address lead poisoning of e-commerce, in addition to the demand for cently designated a National Historical Land- and asthma issues, formation of HIV/AIDS expedited shipping by customers, has made it mark. outreach which was later expanded to a De- necessary for companies such as Amazon, I am proud to recognize the 45th anniver- partment, addition of Behavioral Health Serv- Williams-Sonoma, and Whole Foods to ac- sary of the Camillus Erie Canal Park, as well ices, Accreditation by the Joint Commission quire regional distribution centers. We are as the Camillus Erie Canal Society for the in- and initiation of the Annual Celebrity Roast to eager to welcome these companies, as well credible work they do to preserve the cultural raise funds for the clinic. While he could have as many others, to northeast Georgia. heritage of the Erie Canal in Central New been satisfied with maintaining a focus solely York. In addition to the settlement of new compa- on the clinic, John Bartkowski sought to better f nies in Jackson County, there have been mul- the entire community. He applied for funding tiple expansions that have been announced by SENATE COMMITTEE MEETINGS and worked with partners to improve blighted already existing businesses and health cen- areas like the Menomonee Valley and brought Title IV of Senate Resolution 4, ters. The continued growth of these compa- bike trails and new businesses to the area. agreed to by the Senate of February 4, nies shows that they have found a community John truly believes in the concept that a soci- 1977, calls for establishment of a sys- in the Ninth District that is conducive to their ety becomes more vibrant and productive tem for a computerized schedule of all businesses’ future. when it is inclusive and he has walked that meetings and hearings of Senate com- talk. The number of companies that have de- mittees, subcommittees, joint commit- cided to absorb industrial space in our district tees, and committees of conference. I am grateful to have had the opportunity to represents another notable step towards in- This title requires all such committees know and work with John Bartkowski for many creased economic strength for our community. to notify the Office of the Senate Daily years on a myriad of health issues. I join with However, Jackson County is continuing to in- Digest—designated by the Rules Com- friends and colleagues to congratulate him as vest not only in the economic sector, but in mittee—of the time, place and purpose he transitions into a different phase of his life. the future of young men and women by cre- of the meetings, when scheduled and Mr. Speaker, I am proud to honor John ating a college and career academy. In fall of any cancellations or changes in the Bartkowski. The citizens of the Fourth Con- 2017, the county will submit a proposal for this meetings as they occur. gressional District and the State of Wisconsin academy, which has the potential to attract As an additional procedure along are privileged to have someone of his ability new industries to northeast Georgia, as well with the computerization of this infor- and dedicated service working on their behalf as to educate the young men and women of mation, the Office of the Senate Daily for so many years. I thank him for all that he our community. Mr. Speaker, I applaud this Digest will prepare this information for has done and I am indeed honored for these holistic approach to community growth on the printing in the Extensions of Remarks reasons to pay tribute to John Bartkowski. part of Jackson County. section of the CONGRESSIONAL 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 00:53 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MR8.001 E13MRPT1 rfrederick on DSKBCBPHB2PROD with REMARKS E320 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2017 on Monday and Wednesday of each traveling on official Government busi- 3:30 p.m. week. ness, H.R. 366, to amend the Homeland Committee on Armed Services Meetings scheduled for Tuesday, Security Act of 2002 to direct the Under Subcommittee on Airland March 14, 2017 may be found in the Secretary for Management of the De- To hold hearings to examine all arms warfare in the 21st century. Daily Digest of today’s RECORD. partment of Homeland Security to make certain improvements in man- SR–232A aging the Department’s vehicle fleet, MEETINGS SCHEDULED an original bill entitled, ‘‘Dr. Chris MARCH 20 MARCH 15 Kirkpatrick Whistleblower Protection 11 a.m. 10 a.m. Act’’, an original bill entitled, ‘‘Office Committee on the Judiciary Committee on Banking, Housing, and of Special Counsel Reauthorization To hold hearings to examine the nomina- Urban Affairs Act’’, an original bill entitled, ‘‘Follow tion of Neil M. Gorsuch, of Colorado, to To hold hearings to examine assessing the Rules Act’’, an original bill enti- be an Associate Justice of the Supreme U.S. sanctions on Russia, focusing on tled, ‘‘Regulatory Accountability Act’’, Court of the United States. the next steps. and the nomination of Elaine C. Duke, SH–216 SD–538 of Virginia, to be Deputy Secretary of MARCH 21 Committee on Commerce, Science, and Homeland Security. Transportation SD–342 10 a.m. To hold hearings to examine unmanned Committee on the Judiciary Committee on Health, Education, Labor, aircraft systems, focusing on innova- To hold hearings to examine visas, focus- and Pensions tion, integration, successes, and chal- ing on investigating K–1 fiance fraud. To hold hearings to examine FDA user lenges. SD–226 fee agreements, focusing on improving SD–106 medical product innovation for pa- 10:30 a.m. Committee on Environment and Public tients. Committee on Appropriations Works SD–430 To hold hearings to examine innovative Subcommittee on Department of Defense solutions to control invasive species To hold closed hearings to examine a bal- MARCH 22 listic missile defense program update. and promote wildlife conservation. 9 a.m. SD–406 SVC–217 Committee on Appropriations Committee on Health, Education, Labor, Committee on Homeland Security and and Pensions Subcommittee on Departments of Labor, Governmental Affairs To hold hearings to examine the nomina- Health and Human Services, and Edu- Business meeting to consider S. 34, to tion of R. Alexander Acosta, of Florida, cation, and Related Agencies amend chapter 8 of title 5, United to be Secretary of Labor. States Code, to provide for the en bloc To hold hearings to examine STEM edu- SD–430 consideration in resolutions of dis- cation, focusing on preparing students 10 a.m. approval for ‘‘midnight rules’’, S. 21, to for the careers of today and the future. Committee on Veterans’ Affairs amend chapter 8 of title 5, United SD–138 To hold a joint hearing with the House States Code, to provide that major 11 a.m. Committee on Veterans’ Affairs to ex- rules of the executive branch shall Committee on Foreign Relations amine the legislative presentation of have no force or effect unless a joint To hold hearings to examine six years of multiple veterans service organiza- resolution of approval is enacted into war in Syria, focusing on the human tions. law, S. 317, to provide taxpayers with toll. SD–G50 an annual report disclosing the cost SD–419 and performance of Government pro- 1:30 p.m. MARCH 29 grams and areas of duplication among Select Committee on Intelligence them, S. 500, to amend the Homeland 3 p.m. To receive a closed briefing on certain Security Act of 2002 to make the As- Committee on Small Business and Entre- intelligence matters. sistant Secretary of Homeland Secu- preneurship SH–219 rity for Health Affairs responsible for To hold hearings to examine how small 2:30 p.m. coordinating the efforts of the Depart- businesses confront and shape regula- ment of Homeland Security related to Committee on the Judiciary tions. food, agriculture, and veterinary de- Subcommittee on Crime and Terrorism SR–428A fense against terrorism, S. 218, to re- To hold hearings to examine the Modus Operandi and toolbox of Russia and strict the inclusion of social security POSTPONEMENTS account numbers on documents sent by other autocracies for undermining de- mail by the Federal Government, S. mocracies throughout the world. MARCH 15 188, to prohibit the use of Federal funds SD–226 2:30 p.m. for the costs of painting portraits of of- Committee on Veterans’ Affairs Special Committee on Aging ficers and employees of the Federal To hold hearings to examine GAO’s high To hold hearings to examine raising Government, H.R. 274, to provide for re- risk list and the Veterans Health Ad- grandchildren in the opioid crisis and imbursement for the use of modern ministration. beyond. travel services by Federal employees SR–418 SD–562

VerDate Sep 11 2014 00:53 Mar 14, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\M13MR8.000 E13MRPT1 rfrederick on DSKBCBPHB2PROD with REMARKS Monday, March 13, 2017 Daily Digest Senate following individual to serve as a member of the Na- Chamber Action tional Council on the Arts: Senator Baldwin. Routine Proceedings, pages S1753—S1782 Page S1781 Measures Introduced: Nine bills and one resolu- United States Holocaust Memorial Council: The tion were introduced, as follows: S. 607–615, and Chair, on behalf of the President pro tempore, pur- S.J. Res. 38. Page S1778 suant to Public Law 96–388, as amended by Public Measures Reported: Law 97–84, and Public Law 106–292, reappointed the following Senators to the United States Holo- S. 327, to direct the Securities and Exchange caust Memorial Council: Senators Sanders and Commission to provide a safe harbor related to cer- Franken. Page S1781 tain investment fund research reports, with amendments. President’s Export Council: The Chair, pursuant S. 444, to amend the Investment Company Act of to Executive Order 12131, as amended and ex- 1940 to expand the investor limitation for qualifying tended, appointed the following Senators to the venture capital funds under an exemption from the President’s Export Council: Senators Klobuchar and Gillibrand. Page S1781 definition of an investment company. S. 462, to require the Securities and Exchange Board of Trustees of the John F. Kennedy Cen- Commission to refund or credit certain excess pay- ter for the Performing Arts: The Chair, on behalf ments made to the Commission. of the President of the Senate, pursuant to Public S. 484, to amend the Investment Company Act of Law 85–874, as amended, reappointed the following 1940 to terminate an exemption for companies lo- Senator to the Board of Trustees of the John F. Ken- nedy Center for the Performing Arts: Senator War- cated in Puerto Rico, the Virgin Islands, and any ner. Page S1781 other possession of the United States, with amendments. Commission on Security and Cooperation in Eu- S. 488, to increase the threshold for disclosures re- rope (Helsinki): The Chair, on behalf of the Vice quired by the Securities and Exchange Commission President, pursuant to Public Law 94–304, as amended by Public Law 99–7, appointed the fol- relating to compensatory benefit plans. Page S1778 lowing Senators as members of the Commission on Measures Considered: Security and Cooperation in Europe (Helsinki) dur- Department of Labor Rule—Agreement: Senate ing the 115th Congress: Senators Cardin, White- began consideration of H.J. Res. 42, disapproving house, Udall, and Shaheen. Page S1781 the rule submitted by the Department of Labor re- Congressional-Executive Commission on the Peo- lating to drug testing of unemployment compensa- ple’s Republic of China: The Chair, on behalf of the tion applicants, after agreeing to the motion to pro- President of the Senate, pursuant to Public Law ceed to consideration of the joint resolution. 106–286, appointed the following Members to serve Page S1772 on the Congressional-Executive Commission on the A unanimous-consent agreement was reached pro- People’s Republic of China: Senators Feinstein, viding for further consideration of the joint resolu- Merkley, and Peters. Page S1781 tion at approximately 2 p.m., on Tuesday, March 14, Coats Nomination—Cloture: Senate began consid- 2017. Page S1781 eration of the nomination of Daniel Coats, of Indi- Appointments: ana, to be Director of National Intelligence. Page S1772 National Council on the Arts: The Chair an- A motion was entered to close further debate on nounced, on behalf of the Democratic Leader, pursu- the nomination, and, in accordance with the provi- ant to Public Law 105–83, the reappointment of the sions of Rule XXII of the Standing Rules of the D275

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Senate, a vote on cloture will occur on Wednesday, Record Votes: One record vote was taken today. March 15, 2017. Page S1772 (Total—86) Page S1771 Prior to the consideration of this nomination, Sen- Adjournment: Senate convened at 2 p.m. and ad- ate took the following action: journed at 6:16 p.m., until 2 p.m. on Tuesday, Senate agreed to the motion to proceed to Legisla- March 14, 2017. (For Senate’s program, see the re- tive Session. Page S1772 marks of the Majority Leader in today’s Record on Senate agreed to the motion to proceed to Execu- page S1781.) tive Session to consider the nomination. Page S1772 McMaster Nomination—Cloture: Senate began consideration the nomination of Herbert R. Committee Meetings McMaster, Jr., to be Lieutenant General. Page S1772 (Committees not listed did not meet) A motion was entered to close further debate on the nomination and, in accordance with the provi- BUSINESS MEETING sions of Rule XXII of the Standing Rules of the Senate, a vote on cloture will occur upon disposition Committee on Environment and Public Works: Com- of the nomination of Daniel Coats, of Indiana, to be mittee announced following subcommittee assign- ments for the 115th Congress: Director of National Intelligence. Page S1772 Prior to the consideration of this nomination, Sen- Subcommittee on Transportation and Infrastructure: Sen- ate took the following action: ators Inhofe (Chair), Capito, Boozman, Wicker, Senate agreed to the motion to proceed to Legisla- Fischer, Moran, Ernst, Sullivan, Shelby, Cardin, tive Session. Page S1772 Sanders, Whitehouse, Merkley, Gillibrand, Markey, Senate agreed to the motion to proceed to Execu- Duckworth, and Harris. tive Session to consider the nomination. Page S1772 Subcommittee on Clean Air and Nuclear Safety: Senators Nomination Confirmed: Senate confirmed the fol- Capito (Chair), Inhofe, Boozman, Wicker, Fischer, lowing nomination: Moran, Ernst, Shelby,Whitehouse, Cardin, Sanders, By 55 yeas to 43 nays (Vote No. EX. 86), Seema Merkley, Gillibrand, Markey, and Duckworth. Verma, of Indiana, to be Administrator of the Cen- Subcommittee on Fisheries, Water, and Wildlife: Senators ters for Medicare and Medicaid Services. Page S1771 Boozman (Chair), Inhofe, Capito, Wicker, Fischer, Messages from the House: Page S1777 Rounds, Sullivan, Shelby, Duckworth, Cardin, Measures Referred: Page S1777 Whitehouse, Merkley, Gillibrand, Booker, and Mar- key. Executive Communications: Pages S1777–78 Subcommittee on Superfund, Waste Management, and Reg- Additional Cosponsors: Pages S1778–80 ulatory Oversight: Senators Rounds (Chair), Moran, Statements on Introduced Bills/Resolutions: Ernst, Sullivan, Harris, Sanders, and Booker. Pages S1780–81 Senators Barrasso and Carper serve as ex officio members Additional Statements: of each subcommittee. h House of Representatives ving, Sergeant-at-Arms, wherein he notified the Chamber Action House that the time previously appointed for the Public Bills and Resolutions Introduced: next meeting of the House was to be 12 noon on Additional Cosponsors: Tuesday, March 14, 2017. Pursuant to clause 12(c) of rule I, the Sergeant-at-Arms notified the House Reports Filed: There were no reports filed today. that an imminent impairment of the place of recon- Speaker: Read a letter from the Speaker wherein he vening at that time is due to the weather. Subse- appointed Representative Cheney to act as Speaker quently, the Chair announced that the rescheduling pro tempore for today. Page H2055 of the time of meeting for the House at 12 noon on Communication from the Sergeant-at-Arms: The Monday, March 13, 2017 had been communicated to House received a communication from Paul D. Ir- the Members. Page H2055

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March 15, Subcommittee on Departments of Labor, Health and Human Services, and Education, and Related Joint Meetings Agencies, to hold hearings to examine STEM education, No joint committee meetings were held. focusing on preparing students for the careers of today and the future, 10:30 a.m., SD–138. f Committee on Armed Services: March 14, to hold hearings COMMITTEE MEETINGS FOR TUESDAY, to examine information surrounding the Marines United website; to be immediately followed by a closed hearing MARCH 14, 2017 in SR–222, 10 a.m., SD–G50. (Committee meetings are open unless otherwise indicated) March 15, Subcommittee on Airland, to hold hearings to examine all arms warfare in the 21st century, 3:30 Senate p.m., SR–232A. Committee on Armed Services: to hold hearings to examine Committee on Banking, Housing, and Urban Affairs: information surrounding the Marines United website; to March 14, to hold hearings to examine reauthorization of be immediately followed by a closed hearing in SR–222, the National Flood Insurance Program, 10 a.m., SD–538. 10 a.m., SD–G50. March 15, Full Committee, to hold hearings to exam- Committee on Banking, Housing, and Urban Affairs: to ine assessing U.S. sanctions on Russia, focusing on the hold hearings to examine reauthorization of the National next steps, 10 a.m., SD–538. Flood Insurance Program, 10 a.m., SD–538. Committee on Commerce, Science, and Transportation: March Committee on Commerce, Science, and Transportation: Sub- 14, Subcommittee on Surface Transportation and Mer- committee on Surface Transportation and Merchant Ma- chant Marine Infrastructure, Safety and Security, to hold rine Infrastructure, Safety and Security, to hold hearings hearings to examine continuing to improve truck safety to examine continuing to improve truck safety on our na- on our nation’s highways, 2:30 p.m., SR–253. tion’s highways, 2:30 p.m., SR–253. March 15, Full Committee, to hold hearings to exam- Committee on Energy and Natural Resources: to hold hear- ine unmanned aircraft systems, focusing on innovation, ings to examine opportunities to improve American en- integration, successes, and challenges, 10 a.m., SD–106. ergy infrastructure, 10 a.m., SD–366. Committee on Energy and Natural Resources: March 14, to Committee on Finance: to hold hearings to examine the hold hearings to examine opportunities to improve Amer- nomination of Robert Lighthizer, of Florida, to be United ican energy infrastructure, 10 a.m., SD–366. States Trade Representative, with the rank of Ambas- Committee on Environment and Public Works: March 15, sador, 10 a.m., SD–215. to hold hearings to examine innovative solutions to con- Select Committee on Intelligence: to hold closed hearings to trol invasive species and promote wildlife conservation, examine certain intelligence matters, 2:30 p.m., SH–219. 10 a.m., SD–406. Committee on Finance: March 14, to hold hearings to ex- House amine the nomination of Robert Lighthizer, of Florida, to Committee on Rules, Full Committee, hearing on H.R. be United States Trade Representative, with the rank of 1367, to improve the authority of the Secretary of Vet- Ambassador, 10 a.m., SD–215. erans Affairs to hire and retain physicians and other em- Committee on Foreign Relations: March 15, to hold hear- ployees of the Department of Veterans Affairs, and for ings to examine six years of war in Syria, focusing on the other purposes; H.R. 1259, the ‘‘VA Accountability First human toll, 11 a.m., SD–419. Act of 2017’’; and H.R. 1181, the ‘‘Veterans 2nd Committee on Homeland Security and Governmental Affairs: Amendment Protection Act’’, 5 p.m., H–313 Capitol. March 15, business meeting to consider S. 34, to amend f chapter 8 of title 5, United States Code, to provide for the en bloc consideration in resolutions of disapproval for CONGRESSIONAL PROGRAM AHEAD ‘‘midnight rules’’, S. 21, to amend chapter 8 of title 5, United States Code, to provide that major rules of the ex- Week of March 14 through March 17, 2017 ecutive branch shall have no force or effect unless a joint Senate Chamber resolution of approval is enacted into law, S. 317, to provide taxpayers with an annual report disclosing the cost On Tuesday, at approximately 2 p.m., Senate will and performance of Government programs and areas of continue consideration of H.J. Res. 42, Department duplication among them, S. 500, to amend the Home- of Labor Rule. land Security Act of 2002 to make the Assistant Secretary

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of Homeland Security for Health Affairs responsible for March 16, Subcommittee on Transportation, Housing coordinating the efforts of the Department of Homeland and Urban Development, and Related Agencies, oversight Security related to food, agriculture, and veterinary de- hearing on Department of Transportation and Depart- fense against terrorism, S. 218, to restrict the inclusion ment of Housing and Urban Development, 10 a.m., of social security account numbers on documents sent by 2358–A Rayburn. mail by the Federal Government, S. 188, to prohibit the Committee on Armed Services, March 15, Subcommittee use of Federal funds for the costs of painting portraits of on Emerging Threats and Capabilities, hearing entitled officers and employees of the Federal Government, H.R. ‘‘Crafting an Information Warfare and Counter-Propa- 274, to provide for reimbursement for the use of modern ganda Strategy for the Emerging Security Environment’’, travel services by Federal employees traveling on official 3:30 p.m., 2118 Rayburn. Government business, H.R. 366, to amend the Homeland March 16, Subcommittee on Readiness, hearing enti- Security Act of 2002 to direct the Under Secretary for tled ‘‘The Current State of the U.S. Navy’’, 8 a.m., 2118 Management of the Department of Homeland Security to Rayburn. make certain improvements in managing the Depart- March 16, Subcommittee on Oversight and Investiga- ment’s vehicle fleet, an original bill entitled, ‘‘Dr. Chris tions, hearing entitled ‘‘Oversight Review of Infrastruc- Kirkpatrick Whistleblower Protection Act’’, an original ture Needs and Projects Ready for Immediate Implemen- bill entitled, ‘‘Office of Special Counsel Reauthorization tation in the Nuclear Security Enterprise’’, 2 p.m., 2212 Act’’, an original bill entitled, ‘‘Follow the Rules Act’’, Rayburn. an original bill entitled, ‘‘Regulatory Accountability March 16, Subcommittee on Tactical Air and Land Act’’, and the nomination of Elaine C. Duke, of Virginia, Forces, hearing entitled ‘‘The Effect of Sequestration and to be Deputy Secretary of Homeland Security, 10 a.m., Continuing Resolutions on Army Modernization and SD–342. Readiness’’, 3:30 p.m., 2118 Rayburn. Committee on the Judiciary: March 15, to hold hearings Committee on the Budget, March 15, Full Committee, to examine visas, focusing on investigating K–1 finance markup on reconciliation submissions, 10 a.m., 1334 fraud, 10 a.m., SD–226. Longworth. March 15, Subcommittee on Crime and Terrorism, to Committee on Education and the Workforce, March 15, hold hearings to examine the Modus Operandi and tool- Subcommittee on Higher Education and Workforce De- box of Russia and other autocracies for undermining development, hearing entitled ‘‘Improving Federal Student mocracies throughout the world, 2:30 p.m., SD–226. Aid to Better Meet the Needs of Students’’, 10 a.m., Committee on Veterans’ Affairs: March 15, to hold hear- 2175 Rayburn. ings to examine GAO’s high risk list and the Veterans March 16, Full Committee, hearing entitled ‘‘Hon- Health Administration, 2:30 p.m., SR–418. oring Our Commitment to Recover and Protect Missing Select Committee on Intelligence: March 14, to hold closed and Exploited Children’’, 10 a.m., 2175 Rayburn. hearings to examine certain intelligence matters, 2:30 Committee on Energy and Commerce, March 15, Sub- p.m., SH–219. committee on Energy, hearing entitled ‘‘Modernizing En- March 15, Full Committee, to receive a closed briefing ergy Infrastructure: Challenges and Opportunities to Ex- on certain intelligence matters, 1:30 p.m., SH–219. panding Hydropower Generation’’, 10 a.m., 2123 Ray- burn. House Committees March 15, Subcommittee on Digital Commerce and Committee on Agriculture, March 15, Full Committee, Consumer Protection, hearing entitled ‘‘Disrupter Series: hearing entitled ‘‘Agriculture and Tax Reform: Opportu- Advanced Materials and Production’’, 10:15 a.m., 2322 nities for Rural America’’, 10 a.m., 1300 Longworth. Rayburn. March 16, Subcommittee on Biotechnology, Horti- March 16, Subcommittee on Digital Commerce and culture, and Research, hearing entitled ‘‘The Next Farm Consumer Protection, hearing entitled ‘‘Disrupter Series: Bill: Agricultural Research’’, 10 a.m., 1300 Longworth. Smart Communities’’, 10:15 a.m., 2123 Rayburn. March 16, Subcommittee on Conservation and Forestry, March 16, Subcommittee on Environment, hearing en- hearing entitled ‘‘The Next Farm Bill: Forestry Initia- titled ‘‘Reinvestment and Rehabilitation of Our Nation’s tives’’, 2 p.m., 1300 Longworth. Safe Drinking Water Delivery Systems’’, 10:15 a.m., Committee on Appropriations, March 15, Subcommittee 2322 Rayburn. on Labor, Health and Human Services, Education, and Committee on Ethics, March 15, Full Committee, organi- Related Agencies, budget hearing on Corporation for zational meeting for the 115th Congress, 1:30 p.m., 1015 Public Broadcasting, 10 a.m., 2358–C Rayburn. Longworth. March 16, Subcommittee on Labor, Health and Human Committee on Financial Services, March 16, Subcommittee Services, Education, and Related Agencies, hearing enti- on Monetary Policy and Trade, hearing entitled ‘‘Sound tled ‘‘Investing in the Future—Early Childhood Edu- Monetary Policy’’, 10 a.m., 2128 Rayburn. cation Programs at the Department of Health and March 16, Subcommittee on Housing and Insurance, Human Services’’, 10 a.m., 2358–C Rayburn. hearing entitled ‘‘Flood Insurance Reform: A Community March 16, Subcommittee on State, Foreign Operations, Perspective’’, 2 p.m., 2128 Rayburn. and Related Programs, hearing entitled ‘‘Members’ Day’’, Committee on Homeland Security, March 16, Sub- 10 a.m., HT–2 Capitol. committee on Oversight and Management Efficiency,

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hearing entitled ‘‘Immigration Benefits Vetting: Exam- ining the Creation and Management of Marine Monu- ining Critical Weaknesses in USCIS Systems’’, 9:30 a.m., ments and Sanctuaries’’, 10 a.m., 1324 Longworth. HVC–210. March 16, Subcommittee on Federal Lands, hearing en- Committee on the Judiciary, March 15, Subcommittee on titled ‘‘Identifying Innovative Infrastructure Ideas for the Immigration and Border Security, business meeting on National Park Service and Forest Service’’, 10 a.m., 1324 adoption of the Subcommittee’s Rules of Procedure and Longworth. Statement of Policy for Private Immigration Bills and Committee on Oversight and Government Reform, March 16, Statement of Policy on Federal Charters and Request Full Committee, markup on H.R. 756, the ‘‘Postal Serv- DHS Departmental Reports on the Beneficiaries of H.R. ice Reform Act of 2017’’; and H.R. 760, the ‘‘Postal 349, H.R. 780 and H.R. 461, 10 a.m., 2141 Rayburn. Service Financial Improvement Act of 2017’’, 1:00 p.m., March 15, Full Committee, markup on S. 305, the 2154 Rayburn. ‘‘Vietnam War Veterans Recognition Act of 2017’’; and Committee on Small Business, March 16, Subcommittee H.R. 1393, the ‘‘Mobile Workforce State Income Tax on Economic Growth, Tax, and Capital Access, hearing Simplification Act of 2017’’, 11 a.m., 2141 Rayburn. entitled ‘‘Cafeteria Plans: A Menu of Non-Options for March 16, Subcommittee on Courts, Intellectual Prop- Small Business Owners’’, 10 a.m., 2360 Rayburn. erty, and the Internet, hearing entitled ‘‘Bringing Justice Committee on Transportation and Infrastructure, March 16, Closer to the People: Examining Ideas for Restructuring Subcommittee on Economic Development, Public Build- the 9th Circuit’’, 10 a.m., 2141 Rayburn. ings, and Emergency Management, hearing entitled March 16, Subcommittee on Crime, Terrorism, Home- ‘‘Building a 21st Century Infrastructure for America: The land Security, and Investigations, hearing entitled ‘‘Com- National Preparedness System’’, 10 a.m., 2167 Rayburn. bating Crimes Against Children: Assessing the Legal Committee on Ways and Means, March 15, Subcommittee Landscape’’, 2 p.m., 2141 Rayburn. on Human Resources, hearing entitled ‘‘Reauthorization Committee on Natural Resources, March 15, Subcommittee of the Maternal, Infant, and Early Childhood Home Vis- on Water, Power and Oceans, hearing entitled ‘‘Exam- iting Program’’, 10 a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Tuesday, March 14 Subject to the call of the Chair

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Wednesday: To be announced. ation of H.J. Res. 42, Department of Labor Rule.

Extensions of Remarks, as inserted in this issue

HOUSE

Collins, Doug, Ga., E319 Katko, John, N.Y., E319 Moore, Gwen, Wisc., E319 Walden, Greg, Ore., E319

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