Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION

Vol. 165 WASHINGTON, THURSDAY, MAY 16, 2019 No. 82 House of Representatives The House met at 10 a.m. and was lies in 99 percent of America’s counties spond to unmet needs of low-income in- called to order by the Speaker pro tem- to help provide life-changing services dividuals, families, and communities pore (Ms. JACKSON LEE). that create pathways out of poverty. affected by the opioid or substance f Every year, these agencies help tens abuse crisis; of thousands of children and youth A provision requiring Federal ap- DESIGNATION OF SPEAKER PRO with before- and after-school programs; proval of State applications and plans, TEMPORE more than 165,000 unemployed people with provisions to allow direct Federal The SPEAKER pro tempore laid be- get a job; almost 220,000 families find funding of local agencies if a State fore the House the following commu- safe and affordable housing; and about plan fails to meet Federal require- nication from the Speaker: 6.5 million people, including seniors, ments; and WASHINGTON, DC, make their homes more energy effi- A renewed commitment to stream- May 16, 2019. cient and lower their utility bills. lining the program’s stated purpose to I hereby appoint the Honorable SHEILA Earlier this spring, I was proud to in- reduce poverty through support for JACKSON LEE to act as Speaker pro tempore troduce H.R. 1695, the Community Community Action Agencies that im- on this day. Services Block Grant Reauthorization prove economic security for low-in- NANCY PELOSI, Act of 2019, with Congresswoman come individuals and families and cre- Speaker of the House of Representatives. BETTY MCCOLLUM. ate new opportunities in the commu- f This bill renews our Nation’s com- nities where they live. MORNING-HOUR DEBATE mitment to reducing poverty through This bill will help more than 15 mil- locally driven, comprehensive ap- lion low-income Americans and provide The SPEAKER pro tempore. Pursu- proaches. resources necessary to help lift individ- ant to the order of the House of Janu- Madam Speaker, the Community uals and families out of poverty. ary 3, 2019, the Chair will now recog- Services Block Grant traces its roots Madam Speaker, it is time to reau- nize Members from lists submitted by back more than 50 years ago to the thorize the Community Services Block the majority and minority leaders for Economic Opportunity Act of 1964. This Grant, and I urge all my colleagues to morning-hour debate. act established local Community Ac- support this bill, especially during The Chair will alternate recognition tion Agencies to help identify why peo- Community Action Month. between the parties. All time shall be ple were in poverty and how to address f equally allocated between the parties, it using public and private resources, a and in no event shall debate continue great public-private partnership. NO ONE IS ABOVE THE LAW beyond 11:50 a.m. Each Member, other These agencies act as a safety net for The SPEAKER pro tempore. The than the majority and minority leaders low-income individuals and families. Chair recognizes the gentleman from and the minority whip, shall be limited Even more importantly, they help cre- Texas (Mr. GREEN) for 5 minutes. to 5 minutes. ate opportunities for people to move Mr. GREEN of Texas. Madam Speak- f from poverty to independence. That is er, it is my privilege to be recognized the true measure of success as we look by you for this 5 minutes. COMMUNITY ACTION MONTH at these Community Action Agencies. Madam Speaker, I rise, and still I The SPEAKER pro tempore. The The Community Services Block rise, because I love my country and be- Chair recognizes the gentleman from Grant is the only Federal program with cause I believe that no one is above the Pennsylvania (Mr. THOMPSON) for 5 the explicit goal of reducing poverty, law. minutes. regardless of the cause. Unfortunately, We say that quite religiously here in Mr. THOMPSON of Pennsylvania. this program has not been reauthorized this institution: No one is above the Madam Speaker, I rise today to recog- in more than 20 years. law. nize May as Community Action Month. Our bill makes important updates I have in my hand the ‘‘Report on the This year marks the 55th year since that will strengthen the Community Investigation into Russian Interference the Community Action Network was Services Block Grant and the network in the 2016 Presidential Election.’’ This established to help American families it supports, including: document, known as the Mueller re- and communities overcome obstacles A new federally administered Com- port, has been released to the public for to poverty. There are more than 1,000 munity Action Opioid Response Grant some 29 days now. Community Action Agencies across the that will enable Community Action Since its release, we have had many country that reach children and fami- Agencies to fill service gaps and re- persons, many of whom are Members of

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

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VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.000 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3846 CONGRESSIONAL RECORD — HOUSE May 16, 2019 this august body, say that they have dent has gone above the law because if we didn’t have a Republican Presi- concluded that the President has com- until the President is impeached, those dent, and if we didn’t have Americans mitted impeachable acts. Some have who say that he should be impeached, with better sense. gone so far as to say that he should be those who say there is evidence enough Look, is the climate changing? Yes, impeached. I am one of them. to impeach, until this President is im- it is changing. What are the factors? We have also had hundreds of law- peached, we who say this must con- What are the variables? How serious? yers, many of whom are prosecutors clude that he is above the law. Which variables are contributing over and former prosecutors, say that if I love my country. I stand on the law. the others? anyone else committed the offenses I believe in the Constitution. As such, Let me tell you what is real. What is outlined in this document, the Mueller I believe that this House has a duty real is the responsibility we have to report, that person would be arrested and a responsibility to take up im- steward our environment. and prosecuted. That person would be peachment. I want clean air and water for my prosecuted. That person would not be The SPEAKER pro tempore. Mem- three children. I think, as leaders of above the law. bers are reminded to refrain from en- this great country, we ought to be re- Hence, since this document addresses gaging in personalities toward the sponsible for providing not only a land acts by the President, since the Presi- President. of opportunity for the future of our dent is not being prosecuted, and since f children but a clean land of oppor- the House of Representatives has not AMERICA LEADS THE WAY tunity. moved to impeach the President, one Let’s just get the facts straight for The SPEAKER pro tempore. The can conclude that the President is in- the American people. America has been Chair recognizes the gentleman from deed now, for some 29 days, above the leading the way in this regard. The Texas (Mr. ARRINGTON) for 5 minutes. law. Mr. ARRINGTON. Madam Speaker, I Clean Air Act is one example. No one is above the law, unless you appreciate the warnings to not men- We had six key pollutants that we are the President. tion the President, but you know what? identified, in a bipartisan way, that No one is above the law. The House of They are going to continue to come. had an impact on our health and well- Representatives has a duty to enforce They won’t be heeded. being in this country. We have reduced the law. People say they have respect for the those pollutants by 73 percent since The President of the United States of rule of law. Do they even have respect 1970. At the same time, we have grown America, it has been said by constitu- for the House rules and the dignity this economy 230 percent. tional scholars, by Members of this au- that we have as leaders of our country America is leading the way. In green- gust body, and by lawyers—hundreds— to follow those rules? house gases, from 2005 to 2017, U.S. en- that he is subject to the law and that How can we ask the American people ergy-related emissions fell by 14 per- he should be properly prosecuted. to follow rules we pass when we don’t cent when the rest of the world in- It is not happening. follow the rules even on the House creased their emissions by 20 percent. The prosecution of the President in floor? Folks, through American innovation, the House of Representatives will take Madam Speaker, I know you under- through reasonable regulations, we place once impeachment is initiated. stand this. My heart is heavy because I have been able to lead the world and Until impeachment is initiated, this sit here, prepared to speak about one provide for a cleaner environment and President is above the law. He con- thing, but I feel like I have to say that steward God’s great Earth, a gift to us. tinues to obstruct. He is above the law. I am very concerned for my country We do have a stewardship responsi- I am using this refrain because it is when my colleagues on the Democratic bility. We have a calling to our creator important for the American public, the side speak of socialism as if history and our children. people who understand that no one is isn’t littered with examples of failure, I don’t want the American people to above the law, to at least see that we of destitution, of destruction of not be misled, certainly not at a $93 tril- have a problem. We have a President only the economies of countries that lion cost and a plan that eliminates who, by most standards, has com- go down that road of ruin but what it cows and airplanes. Give me a break. mitted impeachable acts, yet we have does to their people. The committee of jurisdiction, the not started the impeachment process. We see this in the most recent exam- Energy and Commerce Committee, If the President is not impeached, ple of Venezuela. How can we be talk- hasn’t even taken up that legislation. one of two things will happen: one, he ing about these big-government, social- But that is what they have. won’t be impeached; or, two, the Con- ist ideas like the Green New Deal? I hope we can work in a balanced gress of the United States of America Even Speaker PELOSI calls it a fantasy. way. I hope we can find ways to con- would become a toothless paper tiger, When colleagues on the other side tinue to do what we are doing, which is not only as it relates to this President, aren’t talking about giving Washington to steward our resources, provide for a but also as this relates to future Presi- more control over the American peo- cleaner environment for our children, dents. ple’s lives, they are talking about and at the same time, make sure that We cannot allow the perception of party over country, unpatriotic rhet- we have opportunities for our kids to the Congress to be toothless when it oric, in my opinion, and political the- pursue their dreams and dream big and comes to our constitutional respon- ater. do better for their families because sibilities. We have a duty, a responsi- That is the agenda. That is what they just talking about dirty fossil fuel is bility, and an obligation to bring the have. That is the bold vision of where not enough of a plan. President to justice. they want to take this country. Not f The bar of justice for this President me, and not the people of west Texas. I and any other President is this House can promise you that. b 1015 of Representatives, and each Member I mentioned the Green New Deal as HONORING THE LIFE AND SERVICE of this House has the responsibility to the Democrats’ signature legislation to OF SEYMOUR ‘‘SY’’ KAPLAN make sure that justice is served. steward the environment. They want I will now start a process that will to eliminate airplanes, ladies and gen- The SPEAKER pro tempore. The commence on the second anniversary tlemen. They want to eliminate cows. Chair recognizes the gentleman from of my initial call for the impeachment They want to give everybody a pay- California (Mr. RUIZ) for 5 minutes. of this President, which will be tomor- check, guaranteed income whether you Mr. RUIZ. Madam Speaker, I rise row. Tomorrow will be the second anni- work or not. Whether you are capable today to honor Seymour Kaplan, versary, and I will start a process to- of working or not working, everybody known as Sy, a local hero and World morrow of bringing to this floor a dis- ought to get a paycheck, guaranteed, War II veteran who passed away on play. full faith and credit of the United April 19 at the age of 95. We will display the number of days States of America. Sy was born on February 28, 1924, to since the Mueller report was produced That is where this country would go Morris and Fannie Kaplan. At just 17 and the number of days that this Presi- if we didn’t have a Republican Senate, years old, Sy enlisted in the U.S.

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.002 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3847 Army—17—and, boy, was his father REPORT ON H.R. 2779, LEGISLA- cidents. Americans are always there, mad. But from a young age, Sy didn’t TIVE BRANCH APPROPRIATIONS and the Jones Act makes that possible. let anything get in the way of serving BILL, 2020 The Jones Act creates stability and others. Mr. RYAN, from the Committee on certainty to the maritime and shipping During World War II, Sy served this Appropriations, submitted a privileged industry. Taking away the Jones Act country bravely in the 2nd Army 2nd report (Rept. No. 116–64) on the bill strips this industry of job and market Corps Division under General George S. (H.R. 2779) making appropriations for availability and stability, handing it Patton. the Legislative Branch for the fiscal over to foreign countries to cheaply fill Sy fought for 3 years, advancing year ending September 30, 2020, and for the role through questionable labor through Italy, France, and Germany. other purposes, which was referred to practices and lower standards of per- Sy was severely wounded while build- the Union Calendar and ordered to be formance. It would singlehandedly ing a bridge to cross the Rhine River printed. jeopardize one of the Nation’s most re- into Germany. For his heroism, Sy The SPEAKER pro tempore. Pursu- liable and strongest of our economic earned three Battle Stars and two Pur- ant to clause 1, rule XXI, all points of drivers. ple Hearts. order are reserved on the bill. As a conservative Republican, I am But Sy’s service to our Nation did well aware that many groups and not end with his military service. Sy f thought leaders here in Washington was a lifelong advocate for our local COMMENDING PRESIDENT TRUMP and back in Texas, whom I respect and veterans. For 25 years, Sy served as the FOR NOT WAIVING THE JONES agree with on most of the other issues, commander of the Disabled American ACT do not share my view on the Jones Act, Veterans Chapter 78 in the Coachella and they are actively working to try to Valley. His leadership helped countless The SPEAKER pro tempore. The weaken or even repeal it. veterans find healing, community, and Chair recognizes the gentleman from I respectfully, but firmly, disagree, a sense of purpose. Over the years, Sy Texas (Mr. BABIN) for 5 minutes. and that is why I am calling on any also helped many homeless veterans Mr. BABIN. Madam Speaker, I rise and all of my colleagues who want to find homes and jobs. Sy would show up here today commending President repeal the Jones Act to explain why to every townhall, every event, and Trump for not waiving the Jones Act. the image that they see here would every community forum, always ready This is a hypothetical picture, thank make for a better and stronger Amer- to make his voice heard. goodness, a Chinese-built vessel, sub- ica. Shortly after I became a Member of sidized by their communist regime, op- If they need to borrow this poster, I Congress, I remember Sy knocking on erated by the Chinese, and delivering will be glad to let them use it. Just let my door and asking: ‘‘Who is this Chinese goods, all in the very heart- me know. land of the United States of America. young guy? What does he know about f veterans?’’ But this could easily become a reality I sat down with Sy, and I imme- if the Jones Act is waived. CONGRESS MUST BE INVOLVED diately recognized his expertise and, For the past 100 years, the Jones Act AND ENGAGED more importantly, his heart. That is has brought strength and certainty to The SPEAKER pro tempore (Mr. why I asked Sy to serve on my veterans maritime commerce here in the United RUIZ). The Chair recognizes the gentle- advisory board and help my office con- States. It has protected the rights of woman from Texas (Ms. JACKSON LEE) nect veterans with the healthcare and American sailors, created and main- for 5 minutes. benefits they have earned and deserve. tained American jobs, and been one of Ms. JACKSON LEE. Mr. Speaker, I Sy said: ‘‘Hell, yeah. Let’s do this.’’ the single largest factors in facili- have had the privilege of serving in When Sy came to our meetings, he tating the strong American economy this august body, and serving the would often bring along a veteran in that we are enjoying. American people and the people of the need, and before we started the day’s The Jones Act states that goods 18th Congressional District. agenda, Sy would give that veteran the shipped between U.S. ports are to be Just a few minutes ago, I was at Ar- space to tell their story. That was Sy built, owned, and operated by the citi- lington Cemetery participating in the Kaplan: a devoted advocate who recog- zens of the United States, and to sup- wreath-laying ceremony for the women nized that good leaders also have to be port the Jones Act would be an easy of the United States military, those good listeners. decision to continue promoting the pol- who have fallen in battle, and recog- Sy became one of the visionaries be- icy of America first. nizing young and new women members hind Veterans University, my annual To waive the Jones Act would be to of the United States military. event to connect veterans with local directly jeopardize our national secu- In fact, Sergeant Kelly, whom I hon- and Federal resources. Among his rity, our economic growth, and our ored, is in combat, having been given many accomplishments, Sy was instru- ability to provide American jobs all permission to be engaged in combat mental in bringing the Palm Desert VA across this country. Worst of all, since 2015 by the Pentagon and the Clinic to the Coachella Valley. Sy waiving the Jones Act would be allow- United States Defense Department. would often visit the clinic to, in his ing these foreign-operated ships into That means that I have the greatest re- own words: ‘‘Make darn sure all of my our waterways and could be opening spect for all of these men and women vets from the Coachella Valley are get- the door to espionage. These foreign and take very seriously the issues of ting good care.’’ vessels would have the potential to lit- war and peace. Last year, it was my honor to present erally threaten our national security I was here in the United States Con- Sy with the Shirley Powell award in by exposing our waterways to very real gress during the heinous and dev- recognition of his service to local vet- threats. astating attack on this Nation on 9/11. erans in our communities. I looked to Not only has the Jones Act played a I was here for Afghanistan and Iraq, Sy as a trusted adviser and a dear, dear vital role in economic growth, but it the Kosovo war, the Bosnian war. friend. has and continues to play a very large Every one of those war zones I visited. Sy was preceded in death by his be- role in disaster recovery and the efforts I saw the men and women sacrifice. I loved wife, Doris, and his daughter of emergency response. Take a look at take very seriously this issue of war. Ellen. He is survived by his daughter the photos of New York City after the I am very concerned with the efforts Ilona and a loving community grateful attack on 9/11. You will see the Hudson now in the waters in the Mideast, with for his leadership and compassion. River and the East River full of Amer- the intelligence that is alleged by the I will always remember Sy’s blue Dis- ican vessels who quickly came to the administration that is coming and this abled Veterans of America shirt, his rescue. Or how about all of the supplies saber-rattling that is occurring, be- baseball cap, his energy, and his infec- delivered to the coastal communities cause the lives of our men and women tious smile. In Sy’s honor, let’s make after catastrophic hurricanes? will be put in harm’s way. ‘‘darn sure,’’ as he would say, that we The list goes on to include the clean- Congress must be engaged, and I de- carry his memory in our hearts. ups of oil spills, fires, and nautical ac- mand that, beyond the immediate

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.005 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3848 CONGRESSIONAL RECORD — HOUSE May 16, 2019 briefing today, the Members of the sults in the absolute ending of my life, In addition to serving others, Mat- United States Congress, those who care and I may be a person who needed men- thew was passionate about hunting, about national security, homeland se- tal health assistance. about baseball, about comedy, and he curity, be briefed as to why our vessels I am deeply troubled to learn of the death of was an active member of his church, are there, others are headed there, and the Pamela Shantay Turner, who was shot Gospel Light Baptist Church, in Jack- the allegations or suggestion that and killed by a Baytown Police Officer. She son, Tennessee. 120,000 troops will be moving in that di- was a mother of three children, and she died Trooper Gatti lived a life that very rection. the day after Mother’s Day. few people have the honor of living. America is strong. We have no fear, In the investigation following Ms. Turner’s According to those who knew him but we have always been a defender, death, the officer indicated that he was patrol- the best, Trooper Gatti’s willingness to not an offender. Iran is not just any old ling as part of his duty, and recognized Ms. serve and his constant sacrifice for oth- country in the Mideast. Shamefully, we Turner from ‘‘prior dealings’’ and proceeded to ers was of second nature to him. disengaged from the Iran nuclear commence an arrest but she resisted. Nothing He exemplified duty and service both deal—wrong decision, evidenced by in the record suggests any wrongdoing by Ms. on and off the clock, and for that, I am what is happening today. Turner prior to this chance encounter with truly grateful. You cannot backdoor conversations. Baytown Police. Reports suggest the officer Matthew had a deep love for his You have to show yourself willing to attempted to arrest Ms. Turner. The officer al- church, and his strong faith could be negotiate with leaders from the posi- leges Ms. Turner reached for his Taser and a seen in everything that he did. His tion of facts and knowledge. lieutenant with the Baytown police claims that friends described him as a humble gen- I can’t stomach the frivolous engage- Ms. Turner actually tased the officer. Accord- tleman who would say or do anything ments and noninformation that is ing to the Baytown Police Department, the offi- to lift your spirits. translating into our men and women cer fired his duty weapon and struck multiple Matthew leaves behind his loving put in harm’s way. We must be in- rounds at Ms. Turner. The shooting was re- wife, Anna; his parents, Christopher volved and engaged. corded by a civilian and caught on cell phone and Christy; his sisters, Hannah and So I ask the administration to do so video. After her death, it was revealed that Esther; his brother, Joshua; his moth- posthaste. I ask that we move forward Ms. Turner suffers from serious mental ail- er-in-law and father-in-law, Kimberly with knowledge of what is going on, ment. Prior to her death, Ms. Turner, 44, was and Frankie Lax; and his grandparents. and each and every Member of this heard stating that she was pregnant. After her Matthew was a blessing to our com- body and the other body should be death, this was determined not to be the case. munity, and his life was a service and knowledgeable about this point. I stand with the family of Pamela Turner. an inspiration. I return to a local issue that has We must get to the truth; the facts and we will Trooper Gatti died doing what he bothered me, and as a member of the not relent until justice is served. The cir- loved doing: protecting people, pro- Judiciary Committee, I want the fam- cumstances surrounding Ms. Turner’s death tecting his community, and protecting ily of Pamela Turner, who is now de- are shocking and I demand a state and fed- the State of Tennessee. And although ceased, to know that I stand with eral inquiry into her death. First, what predi- his life on Earth has ended, his legacy them. cate did the officer involved have in detaining will live on. I do not give a blanket assessment of Ms. Turner? Why were no efforts made to de- My thoughts are with his family, the great law enforcement we have in escalate the controversy so that it did not end with his friends, and with the men and this Nation, but I am appalled at the in a loss of life? And, if Ms. Turner was known women of the Tennessee Highway Pa- shooting death of an African American to law enforcement in prior dealings, did they trol. woman, Black woman, shot down in not also know about her mental state? In re- I also want to thank all the men and cold blood in the streets. cent months, we have seen too many in- women in uniform who risk their lives Yes, this lady was walking her dogs stances of these types of killings. During Na- each and every day to protect all of us in her apartment complex. There are tional Police Week we honor our officers and for our safety and for our betterment. Matthew Gatti will never be forgot- suggestions that this individual was I abhor attacks on our brave law enforcement well-known to police and that there ten. personnel. As a member of the House Judici- Madam Speaker, I yield to the gen- were some mental health issues, some- ary Committee, I look forward to working with tleman from Tennessee (Mr. GREEN), thing that we have to fight against and law enforcement to protect justly our citizens my colleague. give resources. Unfortunately, she was and them. This disturbing act should not have Mr. GREEN of Tennessee. Madam with warrants. happened and should never be repeated. Speaker, I thank Congressman I have no quarrel with people doing f KUSTOFF for yielding. their job; but you are in your home, b 1030 Madam Speaker, most of us run away your apartment, walking your dogs, from danger, but our law enforcement, HONORING TROOPER MATTHEW any other means could have been uti- they run toward it. lized to pick you up on warrants. You GATTI Last Monday, Tennessee State are not going anywhere. We know your The SPEAKER pro tempore. The Trooper Matthew Gatti was killed in address. Through an unfortunate inter- Chair recognizes the gentleman from the line of duty responding to a car fire action, altercation, the gun was taken Tennessee (Mr. KUSTOFF) for 5 minutes. on I–40. out by a law enforcement officer, and Mr. KUSTOFF of Tennessee. Mr. I had the privilege of knowing this she was shot five times—not once to Speaker, I rise today to honor the in- young trooper. Our families were dear wound, but five times. credible life of Trooper Matthew Gatti friends. So this requires, for the comity of re- of the Tennessee Highway Patrol. This young man was just 24 years old, lationships and respect, a full Federal On May 6, 2019, just a week or so ago, but he lived a life of exemplary service and State investigation—we cannot while responding to a call for help on to us all. hide—just as I have indicated that Interstate 40 in Tennessee, Trooper Matthew’s father said that he died shooting on Harding Street, recently, Gatti was killed in the line of duty. doing what he lived for: serving God by officers requires a thorough and full Matthew Gatti will be remembered in and serving others. investigation, which is going on right west Tennessee and in our entire Na- We honor those who pay the ultimate now. tion as a dedicated public servant, a sacrifice for freedom. We honor this So I would simply say that because husband, a son, a brother, and a friend young man for his commitment to our we are the land of the free and the to all. safety. We honor his family for raising brave, we are adherents to the Con- Although just 24 years old, Trooper a young man who would serve us all in stitution and democracy and dignity Gatti had an incredible, an impressive such a way. and justice for all, this is an untenable career in public service. He served with f and unacceptable act, that I could be the Madison County Sheriff’s Office in walking my dogs, unarmed, and I pro- Jackson, Tennessee, and then began HONORING EMILY CARNES ceed into an unfortunate circumstance working for the Tennessee Highway The SPEAKER pro tempore (Ms. which included a Taser, but then it re- Patrol. JACKSON LEE). The Chair recognizes the

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.006 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3849 gentleman from South Carolina (Mr. WE CAN PROTECT THE RIGHTS OF there will not be any consideration or NORMAN) for 5 minutes. LGBTQ INDIVIDUALS AND RELI- even debate of amendments to the Mr. NORMAN. Madam Speaker, I rise GIOUS LIBERTY Equality Act. Instead, they have estab- today to honor the late Emily Carnes, The SPEAKER pro tempore. The lished a model of legislative gas-light- a former resident of South Carolina’s Chair recognizes the gentleman from ing. In this case, they are taking issues Fifth District who dedicated her life to Utah (Mr. CURTIS) for 5 minutes. where broad bipartisan agreement is the preservation of the historic Buford Mr. CURTIS. Madam Speaker, I rise possible and taking the debate right off battlefield. today to speak about the Equality Act. First and foremost, I must begin by the table on issue after issue, whether The Battle of Buford was significant saying that I believe the LGBTQ com- it be climate change, violence against and momentous in the southern cam- munity is a critical part of the fabric women, and now the Equality Act. paign during our Revolutionary War. of our country. They are deserving of They disregard willing partners, such 113 Continental troops perished during our unequivocal love and respect, and as myself, standing here hoping to this struggle and another 150 suffered their contributions to my home State work with them, and instead, prefer to terrible wounds. pass party-line bills that won’t go any- of Utah are utterly invaluable. Witnessing this carnage was Emily As the mayor of Provo, I prioritized where so they have issues to campaign Carnes’ great-great-grandfather, Jacob. inclusion and love, and sought to en- on. If my colleagues on the other side of Emily would go on to tell her ances- sure my administration did everything the aisle truly want to achieve tor’s story in her book, ‘‘Jacob Was possible to recognize the intrinsic progress on this issue, I hope they will There’’. value of all of our citizens, including recognize that they have a willing our LGBTQ community. The book describes Jacob Carnes, partner in me, but they must be willing I fought hard against discrimination who was 16 years old at the time, and to work together to legislate and make and was grateful for my associations on the fateful day of May 29 of 1780, room to protect both religious liberty with organizations like Provo Pride, Jacob was employed plowing in a field and the LGBTQ community. close to the historic site when the Con- Equality Utah, Encircle, and others, Exploiting yet another group in order tinental troops under Colonel Abraham who I was honored to stand with to en- to pass a campaign message bill along Buford clashed with the British forces sure that our city motto of ‘‘Welcome party lines is not in harmony with this led by Lieutenant-Colonel Banastre Home’’ extended to everyone. body. Tarleton. Perhaps even more important than I hope they will hear me today and that, I am grateful for the association Jacob hid behind a tree during the change course before we vote on this and relationships of my life that have bill. struggle, but was eventually discovered helped me better understand the expe- by British troops, who took him into riences of the LGBTQ community, and f custody. While in their custody, Brit- who have been patient with me, a con- RECOGNIZING JUSTIN MASSIELO ish troops commanded Jacob to bury servative Utah boy raised in the 1960s, AND EMELIE CURTIS an American soldier alive. Jacob re- who took longer than I am proud of to The SPEAKER pro tempore. The fused. gain empathy for this important issue. Chair recognizes the gentleman from In reply, a British soldier fired his Again, I say I am incredibly grateful Pennsylvania (Mr. FITZPATRICK) for 5 musket and shot off one of Jacob’s fin- for the contribution of the LGBTQ minutes. gers, therefore, adding Jacob’s name to community and will always stand with Mr. FITZPATRICK. Madam Speaker, the long list of patriots who gave their them in respect and support. I rise today to recognize two impres- blood for our freedom. With the Equality Act, we face a sive student athletes from Bucks Coun- unique challenge: balancing the needs In remembrance of her great-great- ty, Pennsylvania, who are making and protections against discrimination grandfather’s traumatic experience and their school and our entire community with the importance of protecting reli- the historic importance of the battle to very proud. gious liberty, which is one of the fun- the southern campaign, Emily Carnes Justin Massielo and Emelie Curtis, damental rights enshrined at the foun- singlehandedly cared for and preserved students at Pennsbury High School in dation of our Nation. the 2 acres of leaf and debris-filled bat- Fairless Hills, Pennsylvania, both re- I believe this compromise is possible, tlefield for years. She did this with no cently hit impressive milestones in because I have seen it before in my support and very few means. Indeed, their respective sports. home State with historic legislation she couldn’t even afford to fly a flag in Justin, a senior, recently recorded called the Utah Compromise that effec- remembrance of those who gave their his 100th hit as a 4-year starter for the tively balanced the absolute rights of life for our independence. Falcons’ varsity baseball team, and both LGBTQ individuals as human Emelie, a junior, just notched her 100th Finally, in 2010, the Friends of Buford beings and religious institutions pro- career goal as a 3-year starter for the Massacre Battlefield was established, tected by the First Amendment. Falcons’ varsity girls lacrosse team. and Ms. Carnes was awarded an hon- The Equality Act fails to strike that What makes their achievements even orary member. balance. Instead, these two interests more special, Madam Speaker, is that Thanks to Ms. Carnes’ lifelong ef- are treated as zero sum games, with no Justin and Emelie also are cousins. forts, the former 2-acre site now en- good-faith effort put forth for both On behalf of our entire community, I compasses over 47 acres of surrounding sides to win. would like to congratulate Justin and land on which the battle was fought, This bill would end longstanding reli- Emelie on their notable athletic with the site now proudly flying the gious liberties under the Religious achievements. We wish them, and their Stars and Stripes, the Buford Battle Freedom Restoration Act, a historic bi- families continued success. flag, and the State flags of Virginia partisan legislative victory fought for RECOGNIZING LIEUTENANT TERRY HUGHES and South Carolina. by the current Democratic leader in Mr. FITZPATRICK. Madam Speaker, the Senate, CHUCK SCHUMER; my own this week is National Police Week, and The site now also includes modern Utah mentor, Orrin Hatch, a Repub- I rise today to recognize a dedicated comforts like a patio, walkways, infor- lican; and liberal icon, Ted Kennedy. It law enforcement professional from mational kiosks, and a memorial was also signed into law by Democrat Bucks County, Pennsylvania, who re- bronze plaque inscribed with the names Bill Clinton. cently retired after a very distin- of 216 men recognized for defending I have introduced commonsense guished career in public service. their country in the Battle of Buford. amendments that would help achieve Lieutenant Terry Hughes of the Bris- We thank Ms. Carnes for her lifelong this critical balance of protection for tol Township Police Department re- passion and dedication to this sacred both maintaining the standards tired after over 30 years in local law soil and for preserving this moment in against discrimination and religious enforcement. a State and Nation’s history for all of freedom, but I am frustrated that A resident of Bristol Township us to remember and enjoy. House Democratic leaders have decided throughout his entire life, Lieutenant

VerDate Sep 11 2014 06:40 May 17, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.008 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3850 CONGRESSIONAL RECORD — HOUSE May 16, 2019 Hughes previously worked at the police PRAYER gaging with his Christian friends and departments in Hulmeville, Newtown Rabbi Bruce Lustig, Washington He- classmates, laid the foundation for his Township, Northampton, and Middle- brew Congregation, Washington, D.C., lifelong commitment to interfaith town before joining his hometown’s po- offered the following prayer: work, including his efforts to open dia- lice force in 1990. Eternal God, without whom life has logue and strengthen relationships Throughout his entire tenure in Bris- no spiritual source, no divine meaning, among Jews, Christians, Muslims, and tol Township, Terry became a senior purpose, or destiny, but with whom people of all faiths. member of the department, leading de- there is power for the present and hope Ordained at the Hebrew Union Col- tectives, running special investiga- for the future, refresh our faith that lege-Jewish Institute of Religion, tions, and he was a driving force in the strains of life may not break our Rabbi Lustig holds a doctorate of di- public outreach. spirits. Restore our confidence that our vinity and a master’s degree in Hebrew Madam Speaker, I had the oppor- world is undergirded by eternal pur- letters. He earned his bachelor’s with tunity to personally work with Lieu- pose. honors from the University of Ten- tenant Hughes on the Department of Bless those who give service of heart nessee. Justice’s Weed and Seed program. to this great Nation. Give them In delivering today’s opening prayer We thank our friend, Terry, for his strength to temper their judgments by in the House, Rabbi Lustig continues a years of public service and for pro- the compassion of the human soul. venerable and important tradition. tecting our community. Terry has law Know that none are free until all are Since the Washington Hebrew Con- enforcement in his blood, and I have no free, free from fear, want, bigotry, and gregation was created in 1862, every doubt whatsoever that his service in callous hatred of the other. Let the single one of its senior rabbis has deliv- protecting our community will carry courage of their convictions make ered an opening prayer before the U.S. on. America worthy of her past and blessed Congress. Rabbi Lustig now joins that ST. MICHAEL’S EVANGELICAL LUTHERAN CHURCH by her future. esteemed group. CELEBRATES 150TH ANNIVERSARY Let not cynicism blight, nor faith- Mr. Speaker, I am honored to wel- Mr. FITZPATRICK. Madam Speaker, lessness uproot our confidence to live come Rabbi Lustig to the House today, I rise today to recognize a faith com- as we pray, so that, unashamed, our and I would like to extend my thanks munity in Bucks County, Pennsyl- leaders may transmit to generations to for his excellent leadership in our com- vania, that recently celebrated a very come an America better than ours. munity and for offering today’s prayer. special milestone. Hear our prayer. f St. Michael’s Evangelical Lutheran Amen. Church in Sellersville commemorates f ANNOUNCEMENT BY THE SPEAKER its 150th anniversary this year. PRO TEMPORE First commissioned in 1869, St. Mi- THE JOURNAL chael’s was to be a union church be- The SPEAKER pro tempore. The The SPEAKER pro tempore. The Chair will entertain up to 15 further re- tween Reformed and Lutheran Chris- Chair has examined the Journal of the tians. Nearly 2,000 people attended one quests for 1-minute speeches on each last day’s proceedings and announces side of the aisle. of St. Michael’s consecration cere- to the House his approval thereof. monies. Pursuant to clause 1, rule I, the Jour- f The church is rich with tradition and nal stands approved. history. Early sermons were spoken in CELEBRATING HEAD START AND German, and in 1904, the church be- f COMMEMORATING THE MEMORY came the first building in Sellersville PLEDGE OF ALLEGIANCE OF DR. EDWARD ZIGLER to have electricity. The SPEAKER pro tempore. Will the (Mr. LARSON of Connecticut asked Today, the St. Michael’s community gentlewoman from Puerto Rico (Miss and was given permission to address is as active as ever, participating in GONZA´ LEZ-COLO´ N) come forward and the House for 1 minute.) community meals, working on commu- lead the House in the Pledge of Alle- Mr. LARSON of Connecticut. Mr. nity gardens, and providing food for giance. Speaker, I rise today to congratulate Pennridge FISH and Keystone Oppor- Miss GONZA´ LEZ-COLO´ N of Puerto the Head Start program on its 54th an- tunity Center, and offering numerous Rico led the Pledge of Allegiance as niversary and the 25th anniversary of educational programs. follows: Early Head Start. Madam Speaker, we congratulate the I had the proud distinction of serving St. Michael’s faith community on their I pledge allegiance to the Flag of the United States of America, and to the Repub- with Dr. Edward Zigler of Yale Univer- 150th anniversary of such an amazing lic for which it stands, one nation under God, sity, who passed away this past year. and special place. indivisible, with liberty and justice for all. He was a leader in this and worked I would also like to thank Pastor with every President from JOHN KEN- Julie Bergdahl for her pastoral care f NEDY to Barack Obama. and leadership. WELCOMING RABBI BRUCE LUSTIG He is generally regarded as the father f The SPEAKER pro tempore. Without of the Head Start program but also re- objection, the gentleman from Mary- garded for his longstanding work with RECESS land (Mr. RASKIN) is recognized for 1 children. In fact, it was Ed Zigler who minute. said, ‘‘My politics are children,’’ and The SPEAKER pro tempore. Pursu- There was no objection. then proceeded to dedicate a lifetime ant to clause 12(a) of rule I, the Chair Mr. RASKIN. Mr. Speaker, I rise to to creating remedies for childcare, declares the House in recess until noon honor Rabbi Bruce Lustig, who just led which he labeled, in America, ‘‘a cos- today. us in this wonderful opening prayer. mic crapshoot.’’ Accordingly (at 10 o’clock and 45 Rabbi Lustig is senior rabbi of the So many young people today experi- minutes a.m.), the House stood in re- Washington Hebrew Congregation, ence the dilemma of balancing their cess. which is Washington, D.C.’s largest and work with bringing up their children. oldest synagogue and where many of But it was Ed Zigler’s leadership that f my constituents worship. recognized we should utilize our The son of a refugee from Nazi Ger- schools. He promoted School of the 21st b 1200 many, his mother, Hedy Lustig, Rabbi Century as a way for us to get our arms Lustig grew up in Nashville, Tennessee, around the whole issue of having safe, AFTER RECESS where he was often the only Jewish affordable childcare. The recess having expired, the House child at school. The strong cultural I rise today to commemorate his was called to order by the Speaker pro identity instilled by his mother, and memory and congratulate the Head tempore (Mr. LANGEVIN) at noon. the emphasis his family placed on en- Start program.

VerDate Sep 11 2014 06:40 May 17, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.010 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3851 PASS A DISASTER We are waiting as we begin to debate House for 1 minute and to revise and SUPPLEMENTAL BILL the Equality Act that will have a blind extend her remarks.) (Miss GONZA´ LEZ-COLO´ N of Puerto eye to anyone’s difference and be able Mrs. BROOKS of Indiana. Mr. Speak- Rico asked and was given permission to to celebrate them and support them er, as we recognize National Police address the House for 1 minute and to without discrimination. Week, let’s provide our law enforce- revise and extend her remarks.) Where is the other body? Why ment every tool possible to prevent Miss GONZA´ LEZ-COLO´ N of Puerto haven’t they passed a bill in 3 months? senseless acts of gun violence from Rico. Mr. Speaker, I think it is urgent Why can’t we do the work for the harming or claiming the lives of inno- for Congress to approve the disaster American people? cent people, including our law enforce- supplemental bill. It is time to get the job done. ment officers. Although I welcome the House f That is why, today, I am reintro- ducing a gun violence reduction bill, version, I am still waiting on the Sen- HONORING OFFICERS DURING categorized as a red-flag bill, with my ate side to work a final solution. NATIONAL POLICE WEEK The more that passage is delayed, the colleague TED DEUTCH, who represents (Mr. WILSON of South Carolina longer our communities will wait be- Parkland, Florida, and our colleagues asked and was given permission to ad- cause just passing the appropriation is from Michigan, FRED UPTON and dress the House for 1 minute and to re- the beginning of a drawn-out process. DEBBIE DINGELL. I know my constituents are still vise and extend his remarks.) Our bill, the Jake Laird Act of 2019, Mr. WILSON of South Carolina. Mr. waiting for the $600 million for the Nu- is named after an IMPD officer who Speaker, this is National Police Week, tritional Assistance Program that I paid the ultimate sacrifice serving and highlighted by Peace Officers Memorial have long been advocating. That will protecting his community of Indianap- Day, which President John F. Kennedy cover the gap in funding under the sup- olis, Officer Jake Laird. designated, in 1962, as May 15. Our bill provides grants to States to plemental appropriations we made im- Law enforcement officers and their mediately after Hurricanes Irma and enact laws substantially similar to In- families selflessly serve our commu- diana’s red-flag law because we know Maria. nities across the country. Americans As of last month, those residents who that, since 2005, this Hoosier common- appreciate honoring officers, their fam- have not fully recovered are already sense bill has been working. ilies, and fallen heroes on Peace Offi- seeing a decrease in benefits because Specifically, the Jake Laird Act will cers Memorial Day. enable law enforcement to remove and we have not yet passed the disaster Law enforcement personnel are na- retain firearms from individuals who bill. tional heroes. We are grateful for their For example, 20 months later, of are determined to be a danger to them- sacrifices made to serve and protect some $42 billion allocated to Puerto selves or others, while ensuring due our country on a daily basis. process under the law. Rico, just $12 billion has been outlaid. We also provide our deepest support According to a USA Today article re- That means that we have work to do, and gratitude to those who have been cently published, more than 30 States and this funding is still being reviewed injured or lost their lives in the line of across the country are either consid- with great scrutiny from FEMA, HUD, duty and to their families. Grateful ering similar measures or have passed and OMB. That is the reason I do be- citizens across the country will take red-flag laws. lieve we should move across aisles to time to thank a police officer this It is past time for our Nation to make this happen. week. f In conclusion, God bless our troops, adopt laws like Indiana’s red-flag law and we will never forget September the that will keep our law enforcement and LEGISLATING ON BEHALF OF THE citizens safer. PEOPLE 11th in the global war on terrorism. f (Ms. JACKSON LEE asked and was f given permission to address the House STOP PRICE-FIXING ON GENERIC WE DO NOT ALLOW for 1 minute.) DRUGS DISCRIMINATION Ms. JACKSON LEE. Mr. Speaker, let (Mr. HIGGINS of New York asked and (Ms. UNDERWOOD asked and was me, too, add my appreciation and con- was given permission to address the given permission to address the House gratulations to Head Start, a very via- House for 1 minute.) for 1 minute and to revise and extend ble program, not only in my district, as Mr. HIGGINS of New York. Mr. her remarks.) I watched little children become em- Speaker, last week, 44 attorneys gen- Ms. UNDERWOOD. Mr. Speaker, I am powered with education, but also eral filed a lawsuit in Federal court here today to tell you about Gwyn around the Nation. I congratulate all against 20 generic drugmakers, alleging Ciesla of Aurora, Illinois. Gwyn is a of those who were engaged in its begin- market manipulation and price-fixing. wife, a mother of two, and an IT profes- ning, and I thank them for their bril- The American people’s tax dollars sional with two decades of experience. liance and their leadership. are invested in unprofitable basic re- She is also a transgender woman. I rise today to say that we are trou- search that is essential to bringing Gwyn transitioned about 2 years ago. bled because the work of this body is to highly profitable drugs to market. The Shortly afterward, she began inter- legislate on behalf of the people of the United States Government is also a viewing for jobs to advance her career. United States. We are, in fact, the peo- huge purchaser of these generic drugs. Gwyn was met with hesitation from ple’s House, and we have done our In some cases, it is alleged that one potential employers. On multiple occa- work. We have passed disaster funding. company sets the price of a drug and sions, recruiters were suddenly unin- Those of us who are, if you will, the the others follow, without the cost-cut- terested in Gwyn after they conducted remnants of various hurricanes in the ting influence of competition. All of in-person interviews—no follow-up, no 2017 season—in particular, those that this resulted in billions of dollars in phone calls or emails, just complete si- impacted the East Coast, Puerto Rico, harm to patients and the U.S. econ- lence. Houston, and the State of Texas—are omy. This is a horrifying reality for many waiting for disaster funding, which we Congress must stop this price-fixing people in the trans community like have done. scheme and will vote this week to ap- Gwyn. A 2016 report by the National We are waiting for the Violence prove legislation to end this price-fix- Center for Transgender Equality found Against Women Act to be passed. We ing and market manipulation perpet- roughly 30 percent of trans people have are waiting for the universal back- uated by these generic drugmakers. been denied a job or a promotion, or ground checks to be passed. We are f were fired, because of their gender waiting for protecting people against identity. losing their preexisting condition cov- ENACT THE JAKE LAIRD ACT OF This kind of discrimination is not erage and, of course, lowering prescrip- 2019 only hurtful and illegal, but it hurts tion drugs to pass. All that has been (Mrs. BROOKS of Indiana asked and our economy, which is why groups like passed in this House. was given permission to address the the Chamber of Commerce and over 200

VerDate Sep 11 2014 06:40 May 17, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.012 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3852 CONGRESSIONAL RECORD — HOUSE May 16, 2019 major corporations support the Equal- make sure we don’t senselessly lose from bringing the same drugs to mar- ity Act. more lives to this epidemic. ket. Gwyn is now employed, but there are f I ran for Congress to protect Iowans, so many others still forced to sit on not Big Pharma. This bill will help ABORTION IS NOT HEALTHCARE the sidelines, keeping top talent out of bring generics to market quicker to our workforce. (Mr. BIGGS asked and was given per- lower the cost for consumers and save The Equality Act would ensure ev- mission to address the House for 1 billions in taxpayer dollars. eryone has the opportunity to earn a minute and to revise and extend his re- No one should ever have to decide be- living and contribute to our economy, marks.) tween putting food on the table and and it would send a message that we do Mr. BIGGS. Mr. Speaker, yesterday I taking their medicine. not allow discrimination in our coun- introduced the Abortion Is Not Health Mr. Speaker, I urge my colleagues to try. Care Act. This bill amends the Internal pass this legislation to lower the cost Revenue Service’s treatment of out-of- f of prescription drugs for all Iowans and pocket abortion costs as a medical ex- Americans. b 1215 pense. f HONORING DAVID KING This bill was drafted after receiving feedback from my constituents that RECOGNIZING JENNIFER BAUMANN (Mr. RIGGLEMAN asked and was they no longer wanted their tax dollars (Mr. RODNEY DAVIS of Illinois given permission to address the House to support the abortion industry. asked and was given permission to ad- for 1 minute and to revise and extend It is unfathomable to me that my dress the House for 1 minute and to re- his remarks.) Democratic colleagues in Congress con- vise and extend his remarks.) Mr. RIGGLEMAN. Mr. Speaker, I rise tinue to not only condone the practice Mr. RODNEY DAVIS of Illinois. Mr. today to remember David King, an in- of abortion but allow taxpayer dollars Speaker, I rise today to recognize Jen- domitable family man, a constituent of to subsidize this abhorrent practice. nifer Baumann, a high school senior mine who passed away after a hard- For years, the pro-abortion move- from my district who was named the fought battle with cancer on May 2. ment has marketed abortion as a form recipient of the Good Citizen Award by David was born in Houston, Texas, of reproductive healthcare, but it is the Illinois Daughters of the American but moved to Virginia in 1995 and spent time for us to be honest with ourselves. Revolution. over 2 decades there. He will be remem- Healthcare is primarily a restorative This year, over 400 high school sen- bered for his lasting contribution to function, one that helps our bodies and iors submitted essays for the DAR the Virginia wine industry and his minds to heal from disease or ailment. Good Citizenship scholarship applica- King Family Vineyards. It is one of my Under no circumstances should tion. Among these, district DAR chap- favorite places for a glass of wine. healthcare include the intentional tak- ters identified one student as the per- David served as a chairman of the ing of life. son who best exemplifies dependability, Virginia Wine Board and worked tire- The Abortion Is Not Health Care Act service, leadership, and patriotism in lessly as a free-market advocate for is a small step towards ending the Fed- their area. vineyard agriculture and agritourism eral Government’s treatment of abor- Jennifer was selected from Mt. Zion in Virginia. He leaves an enormous leg- tion as a healing medical practice. High School as the representative for acy in both the wine industry and his I am happy that several of my col- the Stephen Decatur Chapter and at- local Crozet community. leagues and many pro-life groups, in- tended the Illinois State DAR Con- David is survived by his loving wife, cluding March for Life, Family Re- ference, where she was named the Ellen; his six sons and daughters-in- search Council, Eagle Forum, Center statewide winner of the Good Citizen law, Carrington and Corie, Stuart and for Arizona Policy, Arizona Right to Award. Ali, James and Kelly; as well as his Life, and others have endorsed this bill. By all accounts, Jennifer dem- eight grandchildren. As Members of Congress, we have a onstrates well the attributes of depend- One of David’s favorite phrases was duty to protect life. ability, service, leadership, and patri- this: ‘‘A rising tide lifts all boats,’’ and Mr. Speaker, I urge all my colleagues otism. She is active in nearly every as- David lived by that, lifting up those to uphold the call for human dignity at pect of student life in her high school, around him in success. all stages of life, including while still where she is the captain of all three of We will miss him dearly. in the womb, and support the Abortion her varsity teams: cross-country, bas- f is Not Health Care Act. ketball, and track and field. She also serves as the President of the National HONORING IAN JACOB TRONE f Honor Society and treasurer of the PRESCRIPTION DRUGS (Mr. TRONE asked and was given Student Council, and even finds time permission to address the House for 1 (Mrs. AXNE asked and was given per- to dedicate to volunteering with both minute.) mission to address the House for 1 the Key Club and her church. Mr. TRONE. Mr. Speaker, I rise minute and to revise and extend her re- She plans to study speech, language, today to honor my nephew, Ian Jacob marks.) and hearing sciences at the University Trone, who was born May 18, 1991. This Mrs. AXNE. Mr. Speaker, Iowans are of Arizona in the fall. Saturday, he would have been 28 years struggling to keep up with the rising I am proud to recognize outstanding old. But on December 31, 2016, Ian died cost of prescription drugs. students in my district, including Jen- alone in a hotel room from a fentanyl A teacher in Farragut, who has had nifer. I congratulate her on this pres- overdose. diabetes for 20 years, is spending over tigious honor. Ian was a nice young man. He, like $750 a month for insulin. That is a third f many of us, was destined to grow up, of her take-home pay, and she needs a find a partner, and start a family. He second job just to cover her costs. HEAD START GIVES CHILDREN A was a huge sports fan, and like many A woman from West Des Moines BRIGHTER FUTURE young boys his age, he had a sense of wrote to me that her medication used (Mr. KILDEE asked and was given humor, he was a friend to many. to cost $50 for a 90-day supply and now permission to address the House for 1 But last year, 72,000 people died of an that price has gone to $1,000. Her fam- minute.) overdose. Almost 70 percent of those ily found they can buy the same medi- Mr. KILDEE. Mr. Speaker, this week, involved fentanyl. This is the most im- cation in Canada for $60. the Head Start program turns 54. Since portant issue in America today. In fact, Americans pay more for pre- this life-changing education program In Congress, we must be determined scription drugs than any other country was created in 1965, it has served mil- to end this devastation, both Demo- in the world. Brand-name drug manu- lions of children, giving them and their crats and Republicans. facturers are gaming the system to families a brighter future. Ian Jacob Trone left us too soon, and reap profits and they are using delay Head Start and Early Head Start pro- I will do everything in my power to tactics to prevent generic companies vides comprehensive early childhood

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.014 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3853 education, health, nutrition, social To the entire Maxwell family, care available to our veterans, ensur- services to low-income children and Mylene and I send our heartfelt condo- ing they have access to a medical pro- their families. It is one of the most im- lences and prayers during this difficult fessional before resorting to suicide. portant investments that we can make time of loss. This is a step in the right direction, to make sure our children have the f but more can certainly be done. greatest opportunities to succeed. These men and women answer the URGENT NEED FOR It is particularly important and cru- call of duty, and as a Nation, we must INFRASTRUCTURE INVESTMENT cial to my hometown of Flint, Michi- care for them when they return home. gan, where early childhood education is (Mr. DELGADO asked and was given Until veteran suicide rates dwindle the most important thing we can do to permission to address the House for 1 to zero, I will continue to work with help children mitigate the effects of minute.) my colleagues to support veterans’ lead exposure. Mr. DELGADO. Mr. Speaker, I rise mental health programs. I am really proud of the school dis- today to recognize Infrastructure Week f tricts in Michigan who host this in- and call attention to the urgent need credible program and provide wrap- for investment in rural areas like mine COMMUNICATION FROM THE around services to children and to their in upstate New York. CLERK OF THE HOUSE parents. As an example, every time I am home The SPEAKER pro tempore laid be- Mr. Speaker, I thank the teachers, in my district, I hear from folks about fore the House the following commu- the workers, and the volunteers who the need to invest in infrastructure to nication from the Clerk of the House of support our Head Start kids every day. help our family farmers succeed. Representatives: To keep Head Start working, we have When farmers drive their livestock or OFFICE OF THE CLERK, to fully fund this program in Congress. dairy products down to New York City Support for Head Start is bipartisan. HOUSE OF REPRESENTATIVES, or the immediately surrounding areas, Washington, DC, May 16, 2019. We need to continue that. We need to they need bridges and roads they can Hon. NANCY PELOSI, make sure that we fully fund this pro- rely on, structures that can carry prod- The Speaker, House of Representatives, gram. uct without potholes or fear of col- Washington, DC. I celebrate the success of Head Start. lapse. DEAR MADAM SPEAKER: Pursuant to the We ought to make sure that every But infrastructure does not just permission granted in Clause 2(h) of Rule II child that seeks that sort of early mean bridges, roads, and seaports. It of the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- childhood education has an oppor- means access to markets through high- tunity to have it. sage from the Secretary of the Senate on speed internet. May 16, 2019, at 9:54 a.m.: f Astoundingly, 25 million Americans Appointment: HONORING BOB MAXWELL lack rural broadband. This means 25 Director of the Congressional Budget Of- million Americans who own small busi- fice. (Mr. WALDEN asked and was given nesses, operate small farms, want to With best wishes, I am, permission to address the House for 1 apply for college online, or do home- Sincerely, minute and to revise and extend his re- work, or access lifesaving medicine CHERYL L. JOHNSON. marks.) f Mr. WALDEN. Mr. Speaker, I would cannot, because they lack internet ac- like to recognize the life of an Amer- cess. MARKETING AND OUTREACH RES- ican hero who I was honored to call my This week, I was proud to launch, TORATION TO EMPOWER HEALTH friend, Bob Maxwell of Bend, Oregon, with the leadership of Whip CLYBURN, a EDUCATION ACT OF 2019 who passed away last weekend at the task force on rural broadband. I am ready to partner with folks on GENERAL LEAVE age of 98. Mr. PALLONE. Mr. Speaker, I ask Bob Maxwell represented the best of both sides of the aisle to address the unanimous consent that all Members what Oregon and America had to offer. need to rebuild our infrastructure and may have 5 legislative days in which to Bob was the oldest living Medal of access broadband both in upstate New revise and extend their remarks and Honor recipient in our country, and his York and across the country. add extraneous material on H.R. 987, gallantry was well known. Let’s get this done. On the night of September 7, 1944, in f the Strengthening Health Care and Lowering Prescription Drug Costs Act. France, Bob Maxwell threw his unpro- MAY IS MENTAL HEALTH MONTH tected body on top of a German hand The SPEAKER pro tempore (Mr. grenade to protect the lives of his com- (Mr. THOMPSON of Pennsylvania TRONE). Is there objection to the re- rades in World War II. asked and was given permission to ad- quest of the gentleman from New Jer- This unhesitating selflessness earned dress the House for 1 minute and to re- sey? Bob Maxwell America’s highest mili- vise and extend his remarks.) There was no objection. tary honor. It earned him his second Mr. THOMPSON of Pennsylvania. The SPEAKER pro tempore. Pursu- Silver Star, a second Purple Heart, and Mr. Speaker, May is Mental Health ant to House Resolution 377 and rule a Bronze Star. Month, a time when we are encouraged XVIII, the Chair declares the House in For those who had the pleasure of to break down the stigmas that sur- the Committee of the Whole House on knowing Bob, as I did, they know that round mental health. the state of the Union for the consider- his bravery and heroism were only Normalizing conversations about de- ation of the bill, H.R. 987. matched by his kindness, his warmth, pression, anxiety, and other conditions The Chair appoints the gentleman his sense of humor, and his humility. will help those affected by mental ill- from Rhode Island (Mr. LANGEVIN) to Bob once said of his Medal of Honor: ness seek the quality care that they preside over the Committee of the ‘‘I am not wearing the medal for any need and deserve. Whole. One group that is overwhelmingly personal deeds. I am wearing it because b 1229 it represents all the casualties we had impacted by mental health disorders is in the war. It represents those who veterans. IN THE COMMITTEE OF THE WHOLE were killed defending their country and Unfortunately, we know that about Accordingly, the House resolved the ideals that they believed in.’’ 22 veterans commit suicide each and itself into the Committee of the Whole Like his fellow soldiers, Bob’s service every day. House on the state of the Union for the will forever be cherished in the country Congress understands how dire the consideration of the bill (H.R. 987) to that he sacrificed so much to protect. situation has become and is working amend the Patient Protection and Af- Bob’s legacy will live on in the hearts diligently to find a solution. Fortu- fordable Care Act to provide for Fed- and minds of everyone he interacted nately, we have made progress over the eral Exchange outreach and edu- with, and especially in his community past few years. cational activities, with Mr. LANGEVIN in central Oregon, where Bob Maxwell Last year’s passage of the VA Mis- in the chair. was a pillar. sion Act significantly increased the The Clerk read the title of the bill.

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.016 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3854 CONGRESSIONAL RECORD — HOUSE May 16, 2019 The CHAIR. Pursuant to the rule, the out to sabotage the Affordable Care jammed our bipartisan efforts to lower bill is considered read the first time. Act. drug costs with clearly partisan bills. General debate shall not exceed 90 Two of the proposals will restore The chairman didn’t mention those minutes, with 60 minutes equally di- funding for the navigator program and bills came out of committee on a par- vided and controlled by the chair and outreach and enrollment efforts that tisan vote. ranking minority member of the Com- help provide consumers with the sup- To bail out ObamaCare, Democrats mittee on Energy and Commerce, and port and information that they need to are once again putting politics and par- 30 minutes equally divided and con- make the right healthcare decisions for tisanship over what could have been bi- trolled by the chair and ranking minor- their families. Restoring this funding partisan public policy. ity member of the Committee on Edu- is critical, considering that the Trump Republicans and Democrats have cation and Labor. administration gutted funding for con- been working together on bipartisan The gentleman from New Jersey (Mr. sumer outreach and marketing by 90 legislation to bring generic drugs to PALLONE) and the gentleman from Or- percent. It cut navigator funding by 80 market faster by incentivizing more egon (Mr. WALDEN) each will control 30 percent, leaving huge swaths of the competition and ensuring patients get minutes, and the gentleman from Vir- country without access to fair and un- the earliest possible access to more af- ginia (Mr. SCOTT) and the gentlewoman biased enrollment help. fordable prescription drugs. from North Carolina (Ms. FOXX) each H.R. 987 will also provide States with We agree on that, just as we did in will control 15 minutes. funding to establish their own State- the last Congress when I was chairman. The Chair recognizes the gentleman based marketplaces, which will help We led the effort to revamp every part from New Jersey. make healthcare more affordable. In of the FDA and how they can get drugs Mr. PALLONE. Mr. Chairman, I yield 2018, premiums in these State market- to market sooner. myself such time as I may consume. places were 17 percent lower than in As a result of our work there and in Mr. Chairman, I rise to speak in the federally facilitated marketplace, our bipartisan work before that on 21st favor of H.R. 987, the Strengthening and enrollment was higher for the Century Cures, we really ramped up Health Care and Lowering Prescription State plans. the ability of the FDA to get competi- Drug Costs Act. This legislation, Mr. And, finally, Mr. Chairman, H.R. 987 tion and new drugs into the market. Chairman, is a big step in our commit- will reverse the Trump administra- They set a record last year in getting ment to delivering on our promise to tion’s regulation to expand junk insur- generics to market as a result of our make healthcare and prescription ance plans, known as short-term lim- bipartisan work. We could have had drugs more affordable. ited duration health insurance. The that, today, on this floor. It brings together seven bills that Trump administration expanded these The first measure that we do agree passed out of the Energy and Com- junk plans from the current 3-month upon would ensure branded drug mak- merce Committee last month. Taken term and made these plans available ers do not withhold samples that are together, these bills will strengthen for up to 3 years. needed to get generic drugs approved; our Nation’s healthcare system, re- These junk plans are exactly that, the second would ban pay-for-delay verse the Trump administration’s sabo- Mr. Chairman: They are junk. They agreements; and the third would limit tage of the Affordable Care Act, and discriminate against people with pre- first-approved generic makers’ ability help lower the costs of healthcare and existing conditions. They set higher to stall another rival’s launch. So we prescription drugs. premiums for people based on age, gen- put a stop to what I would say are bad The first title of this bill contains der, and health status. They deny ac- behaviors in that process. three bipartisan measures intended to cess to basic benefits like prescription Together, these bills would help pa- address high prescription drug costs by drugs, maternity care, and mental tients actually get access to more af- promoting greater competition in our health and substance abuse treatment, fordable prescription drugs, and those pharmaceutical marketplace. One of and they set arbitrary dollar limits for bills are bipartisan. Just how bipar- the most effective ways to bring down healthcare services leading to huge tisan? Two of the bills passed the En- the cost of prescription drugs is to en- surprise bills for consumers. This legis- ergy and Commerce Committee by sure that generics can come to market lation would prevent the administra- voice vote, and the third passed unani- as soon as possible. tion’s expansion of these plans from mously on a 51–0 vote. The first proposal would address so- taking place. Now, Mr. Chair, this is how the called exclusively parking, a practice In closing, Mr. Chairman, I believe American people expect us to get our where a first-time generic is blocking this is an important bill that will lower work done, but, sadly, House Demo- the approval of other generics from en- healthcare and prescription drug costs, crats once again could not pass up a tering the market. protect people with preexisting condi- chance to play gotcha politics. So what The second proposal prohibits the use tions, and end some of the administra- did they do? They packaged these of pay-for-delay agreements between tion’s ongoing sabotage of our Nation’s agreed-to bipartisan drug pricing pro- brand and generic drug manufacturers healthcare system. posals with a bailout of ObamaCare that delay generic entry into the mar- Mr. Chairman, I urge my colleagues that passed out of committee on a ket. to support this bill, and I reserve the purely partisan vote. And finally, the third drug pricing balance of my time. Now here is what that bill contains: measure would address situations Mr. WALDEN. Mr. Chairman, I yield First, $200 million a year in taxpayer where some brand drug companies are myself such time as I may consume. funding for States to establish delaying or impeding generic entry by Mr. Chairman, The Washington Post ObamaCare marketplaces. This funding denying generic drug manufacturers said it best. Allow me to quote this expired 5 years ago, albeit not before access to samples or to single, shared headline from yesterday: ‘‘Democrats hundreds of millions of Federal tax- system REMS. Are Putting a Political Pothole in the payer resources were wasted, including By eliminating these three barriers, Way of Bipartisan Drug Pricing Bills.’’ in my own State that finally had to we will prevent some manufacturers It didn’t have to be this way. Ameri- give up on that and go with a national from manipulating the system to ex- cans want us to come together, work plan. tend their monopolies at the expense of together, solve problems. This is a big New Jersey has recently expressed an consumers, and this will make pre- one. I hear about it every time I am interest in creating a new State ex- scription drugs more affordable for all home, and I have done more townhalls change, and they say they can do it Americans. than anybody in this House—20 of them without new Federal taxpayer money; Now, the second title of this bill, Mr. so far this year. they can do it without us. If a State de- Chairman, will help lower Americans’ Drug pricing is a big issue. We actu- cides to create an exchange, then they healthcare costs, protect people living ally agreed. We worked it out. We shall be allowed to do so, but we don’t with preexisting conditions, and re- passed these bills out of committee, need to create new Federal grants for verse some of the most harmful actions unanimously. And then somewhere things that States say they have the the Trump administration has carried along the path to the House floor, they capacity to do themselves.

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.018 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3855 Second, $100 million a year—$100 mil- would say unanimously approved, bills far this year have been from Demo- lion a year—to fund the navigator pro- to deal with drugs. crats. When we were in charge, 45 per- gram. Now, for plan year 2017, naviga- Energy and Commerce Republicans cent—45 percent—were the minority’s tors received a total of $62.5 million in put forth an alternative bill that in- amendments that came to the floor. grants, and they enrolled 81,426 individ- cludes all of H.R. 987’s bipartisan drug So, so much for openness. Just one uals. That means it cost $767 per person provisions I referenced earlier but re- was authored by a Republican. So it is that they enrolled, and that accounted moves the partisan, the strictly gotcha unfortunate we find ourselves here for less than 1 percent of the total en- provisions. today. It didn’t have to be this way. rollees. Our pragmatic plan replaces these b 1245 Now, it is important to understand, partisan provisions with language ex- by contrast, agents and brokers as- tending funding for community health These are measures, especially on the sisted 42 percent of those in the enroll- centers, the National Health Service drug side, we are already all in agree- ment year of 2018. Do you know what it Corps, and other public health extend- ment on. If they were separated out, cost for them to do it? $2.40. Yet, under ers for a year. Now, these public health you would have passage. It would go this law, you can’t use the funds for extenders should be a top bipartisan right to the President from the Senate. the navigators to actually pay for priority for the Congress, as they must I think they would take them up and those folks, the brokers and agents, to be done before the end of the fiscal pass them to become law. So, when the do this work that they do very effi- year, the end of September, and they majority is ready to make law, let us ciently. $767 per enrollee versus $2.40. deserve the attention of Congress. know. Third, the bill reverses the adminis- Let me go back to the navigators for In the meantime, we have a better tration’s efforts to allow more State- a minute. The Wall Street Journal re- way to take care of our community regulated insurance plan options for ported: ‘‘One grantee took in $200,000 to health centers, our patients, and those consumers who, frankly, are getting enroll a grand total of one person.’’ seeking more choices and more afford- priced out of the market and are look- They went on to write: ‘‘The top 10 able rates for an insurance product ing for choices that fit them and their most expensive navigators collected than what the Federal Government is lives. $2.77 million to sign up 314 people.’’ mandating. I want to set the record straight on If you take that $2.77 million that Mr. Chairman, I reserve the balance these plans. they want to give to these navigators— of my time. The plans you heard described earlier Mr. PALLONE. Mr. Chairman, I yield they are the most expensive operators were actually legal under ObamaCare 11⁄2 minutes to the gentleman from on the planet—to sign people up for in- and the Obama administration, and South Carolina (Mr. CLYBURN), our dis- surance and gave that to our commu- they are legal under the Trump admin- tinguished whip. nity health centers, do you know how istration. They provide choices to peo- Mr. CLYBURN. Mr. Chairman, I many people they could cover with ple in between jobs or people who can’t thank the gentleman for yielding me $2.77 million? One estimate is 20,000 pa- afford these exploding premiums. the time. You know, the promise that your pre- tients—20,000 patients. Mr. Chairman, today, I stand for the mium is going to go down 2,500 bucks So Republicans are saying let’s take American people and the voters of kind of evaporated as soon as the bill that money and actually get it out to South Carolina’s Sixth Congressional became law, so people are stuck with help patients through our community District who spoke loud and clear last ever-increasing premiums, enormous health centers rather than spend it on November, demanding that Congress deductibles, and saying: Could we navigators that can take $200,000 and defend and uphold the right to have ac- please allow our States to put together enroll one person, or $767, on average, cess to affordable care. options for us that still have to go versus $2.40 when agents and brokers do This is an effort to dismantle the Af- through a State insurance regulator? this enrollment. fordable Care Act, and we stand ready And they certainly care about their We think we have a better way. Our to defend every aspect of this legisla- systems. bill, H.R. 2700, is called the Lowering tion. CBO projected premiums for these Prescription Drug Costs and Extending We will not stop our efforts to hold plans could be as much as 60 percent Community Health Centers and Other this administration and my Republican lower than the cheapest Federal man- Public Health Priorities Act. It is pret- colleagues accountable as they con- dated plan, 60 percent, and, even more, ty straightforward. It is an honest tinue misrepresenting and undermining States can regulate these plans. In title. the Affordable Care Act. fact, in the chairman’s home State of We should take this bill up now, Mr. The work of this body, a coequal New Jersey, they are simply banned. Chairman, because the majority, unfor- branch of our government, to conduct That is New Jersey’s choice. They tunately, has decided to put politics legitimate and lawful oversight in should have that choice. before us today with our bipartisan ef- order to protect Americans’ access to In my home State of Oregon, they forts to lower drug costs. healthcare will not be deterred. are limited to 90 days. That is what we The bill before us right now is going Today, this House will vote on a have chosen. This is kind of federalism nowhere in the Senate. They have said package of seven bills that will halt at its best. that. The White House has weighed in, the administration’s sabotage of the But in their Washington-knows-best so they don’t like it either. Affordable Care Act, improve the act’s mentality, the bills brought before us We should take up the alternative to implementation, and lower the cost of today strip away this option for longer move our bipartisan work forward and prescription drugs. term plans, and that is wrong and it is take care of our responsibilities to en- This legislative package, titled the unfair. sure our community health centers and Strengthening Health Care and Low- Fourth, the bill spends $100,000,000 a other public health priorities are fund- ering Prescription Drug Costs Act, pre- year to market the Federal plans. They ed. That has always been a bipartisan vents the substitution of junk policies couldn’t stop there. Instead of edu- effort. that take advantage of unsuspecting cating patients on all the plans’ op- Finally, just to further the point on citizens, and it protects against dis- tions available to them, their legisla- the blatant and unnecessary partisan- crimination for preexisting conditions. tion actually places a gag order on the ship on display here today, House The CHAIR. The time of the gen- promotion of more affordable choices, Democrats made 26 amendments in tleman has expired. specifically association health plans, order on this bill—26. One of those Mr. PALLONE. Mr. Chairman, I yield known as AHPs, and the short-term amendments, just one, was authored by an additional 30 seconds to the gen- limited duration insurance plans. You a Republican. tleman from South Carolina. can’t even tell consumers about that. Now, they control everything around Mr. CLYBURN. Mr. Chairman, this Oh, no. We are going to have a gag here, and they said in the opening days legislation takes meaningful steps to order from Washington. they are going to open up this process. control prescription drug costs by ex- So there is simply no reason to com- Ninety-two percent of the amendments panding access to generic drugs so pa- bine these bills with our bipartisan, I allowed to be brought to the floor so tients don’t have to choose between

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.020 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3856 CONGRESSIONAL RECORD — HOUSE May 16, 2019 lifesaving medications and other neces- Mr. Chairman, I am proud, on behalf OWS, the chairman of the Freedom Cau- sities, like rent or food. of the people of the First District of Il- cus, told STAT that the Democrats’ po- Mr. Chairman, Democrats are ad- linois, to rise today in support of H.R. litical stunt is a wasted political op- dressing crucial healthcare needs. We 987, which includes my legislation, the portunity. stand to protect the healthcare of Protecting Consumer Access to Generic He continued, ‘‘You have got the American citizens. Drugs Act. chairman of the Freedom Caucus will- Mr. WALDEN. Mr. Chairman, I yield My legislation included in today’s ing to work with Democrats on making 2 minutes to the gentleman from Ken- package prohibits the practice of pay- real, structural reforms on prescription tucky (Mr. GUTHRIE), a very accom- for-delay where brand-name companies drug prices. And what do they do? They plished member of our committee. compensate generics to prevent the put a poison pill in, trying to augment Mr. GUTHRIE. Mr. Chairman, I rise entry of cheaper drugs into the mar- a failing healthcare-delivery system.’’ today in opposition to H.R. 987, the ket. I ask my friends on the other side of supposed Strengthening Health Care I have long stood against these anti- the dais, why are you intent on and Lowering Prescription Drug Costs competitive deals that limit competi- tanking good legislation that can de- Act. tion and force consumers to pay more liver real results for real people? You I wish I wasn’t giving this speech. As for their medications. say you want to lower drug prices, but many of my colleagues know, I have a This disgraceful and deceptive prac- your actions speak loudly otherwise. bipartisan track record here in the tice ends now. I stand with my col- Fortunately, I am not just here to House. I have been proud to work with leagues to stop drug companies from complain. I also have a solution to the many of my Democrat colleagues on a continuing to rig the system in an at- scenario we are facing on the floor number of issues that impact Kentuck- tempt to take advantage of hard- today. ians and people across the country, working Americans. On Tuesday night at the Rules Com- such as Alzheimer’s, the opioid crisis, My legislation will take a meaning- mittee, I offered an amendment that and workforce development. ful step toward bringing this behavior would take these three drug policies Last Congress, I had 10 bipartisan to a screeching halt and holding drug and the $5 billion in savings from those bills signed into law, and I had two ad- companies accountable once and for policies, and I introduced H.R. 2700, the ditional bipartisan bills pass the all. Lowering Prescription Drug Costs and House. I hope my colleagues on both With today’s package of prescription Extending Community Health Centers sides of the aisle know that I take bi- drug bills, we are making progress to- and Other Public Health Priorities Act. partisanship and our responsibility to ward addressing the skyrocketing cost H.R. 2700 couples the bipartisan drug get things done for our constituents of prescription drugs and are making pricing policies with reauthorization very seriously. That is why I am ex- good on our promise that no American programs, such as Community Health tremely disappointed that I will have should be forced to make the choice be- Centers and Special Diabetes Pro- to vote against H.R. 987 today. tween paying their bills and buying grams. Wherever I go in my district, I hear their pills. Look, reauthorizations are tough. I from Kentuckians about how drug Mr. WALDEN. Mr. Chairman, I yield know. I was chairman of the Health prices are simply too high. This an 4 minutes to the gentleman from Texas Subcommittee in the last Congress. issue that affects everyone, and it is (Mr. BURGESS), our top Republican on September seems like a long way away. one of the few big issues these days the Health Subcommittee, a former Many of these programs expire at the that Republicans and Democrats can chairman of the subcommittee, and a end of the fiscal year, but the time to all agree on. And President Trump has distinguished member of the Rules get these things done is now. made this a priority. Committee. We have taken no specific action to- As ranking member of the Oversight Mr. BURGESS. Mr. Chairman, I ward reauthorization of these pro- and Investigations Subcommittee, I thank the gentleman for yielding, and grams. Again, September seems far have launched, with Chair DIANA I do rise today to speak in opposition away, but we have to account for the DEGETTE from Colorado, an investiga- to H.R. 987. time it takes to move through regular tion on rising insulin prices. Mr. Chairman, I am concerned that order. I was proud to support bipartisan leg- the Democrats are using bipartisan On the other issues that we are fac- islation in the Health Subcommittee drug pricing bills to pay for partisan ing today, the short-term, limited du- and the full Energy and Commerce politics. ration rule repeal, according to the Committee. Sadly, Mr. Chairman, Look, these bills are proof that we Congressional Budget Office and the Democrats have loaded up what was can work together across the aisle and Joint Committee on Taxation, the pol- previously a bipartisan drug pricing do what is best for constituents. Unfor- icy to repeal the Trump administra- legislative bill with political land tunately, as The Washington Post so tion’s short-term, limited duration in- mines that they know we, as Repub- eloquently said yesterday in ‘‘The surance rule would result in 500,000 in- licans, will never support. Health 202,’’ ‘‘Democrats are putting a dividuals becoming uninsured. They made a bipartisan drug pricing political pothole in the way of bipar- Is this what you want? Isn’t it better bill into an ObamaCare bailout bill. tisan drug pricing bills.’’ that people have some form of insur- They know that this bill is dead on ar- The Democrats have decided to use $5 ance than none at all? rival in the Senate and that President billion in savings to fund State-based I take meetings in my office back Trump will never sign it. ACA marketplaces, the federally facili- home in my district with families that My colleagues are playing games to tated marketplace navigator program. cannot afford the high premium, high score cheap political points in the This morning, a publication called deductible plans that they have been short term at the expense of Americans STAT published an article titled, ‘‘In forced to buy off the ACA exchange. across the country who are paying too Washington, a partisan approach to These individuals need lower cost op- much at the pharmacy counter. lowering drug costs leaves Democrats tions, and that is exactly what these I urge my colleagues on the Demo- doubting their own party leadership.’’ limited duration plans provide. cratic side not to make lowering drug As this article reported, even House States already regulate these plans prices another partisan fight. I am Democrats do not understand why the and have the authority to disallow willing to work with any of my col- Speaker of the House and party leader- them at the State level, if they so leagues to fix this problem, and I urge ship have decided to politicize bipar- choose. This is a case for federalism. all my colleagues to do the same. tisan bills that enjoy widespread sup- I want to quote from the Congres- Mr. PALLONE. Mr. Chairman, I yield port. sional Budget Office report: ‘‘CBO and 11⁄2 minutes to the gentleman from Illi- The chairwoman of the Energy and JCT estimate that enacting the legisla- nois (Mr. RUSH), the sponsor of the pay- Commerce Health Subcommittee is on tion would result in roughly 1.5 million for-delay legislation. record as saying she was ‘‘not a fan of fewer people’’ participating in insur- Mr. RUSH. Mr. Chairman, I thank what happened.’’ ance plans. the full committee chairman for giving Republicans stand ready to work on The CHAIR. The time of the gen- me this time. solutions. Congressman MARK MEAD- tleman has expired.

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.022 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3857 Mr. WALDEN. Mr. Chairman, I yield floor a lot in the last few weeks on this Hear me, Mr. Chair, and hear me the gentleman from Texas an addi- issue, and we keep getting the same re- clearly. This bill is the picture-perfect tional 30 seconds. frain about Republicans voting 60 definition of good bipartisan legisla- Mr. BURGESS. Mr. Chairman, I times to repeal ObamaCare. tion. Democrats are throwing that thank the gentleman. What is never said is that 30 of those work away by prioritizing politics over Of those, more than 500,000 would in- bills, my friends on the other side of patients. All three of these bipartisan stead participate in nongroup coverage the aisle voted for, and President drug-pricing bills save money, so the through the marketplaces established Obama signed them into law—I’m Democrats are choosing to use their by the Affordable Care Act, and 500,000 sorry. Twenty-one of those bills were hard-fought savings and wish lists for would become uninsured. signed into law by President Obama. partisan politics. The drug policies contained in both So it is 21 of the 30 were signed into The bill before us today will throw H.R. 987 and my bill, H.R. 2700, are law by President Obama. hundreds of millions of dollars at the commonsense bipartisan measures to So my point being is, ObamaCare had failed ObamaCare marketplace and fur- lower drug prices for our constituents. problems. We came together and tried ther restrict patient choice. The bot- I am disappointed they have been to address those problems with this tom line is, there is no need for this rolled into a partisan package that will legislation, repealing the course. Drug pricing should not be a be dead on arrival in the Senate. unsustainable CLASS Act, the co-ops, partisan issue. We were able to work together in the the Cadillac and medical device taxes In all of my years of being a phar- committee and subcommittee to en- we voted to delay, the Independent macist, I have seen patients struggle sure these policies would improve ac- Payment Advisory Board, and on and with the high cost of prescription cess to generics for American patients. on. My friends on the other side of the drugs. Now that I am in Congress, I I hope the Democratic leadership would aisle voted with us and we with them hear about it all the time from my con- consider the bipartisan nature of the to fix those sorts of things. So don’t stituents back home. We all do. policies when moving the packages to come down here and tell me it is only Voters across the country sent us up the floor in the future. Republicans who voted to do things on here to work together on issues, like The CHAIR. Members are reminded ObamaCare. drug pricing. The three drug-pricing to address their remarks to the Chair. We also support these drug bills. bills in this package show that we can, Mr. PALLONE. Mr. Chairman, I yield There is no question about that, be- in fact, do that. We can work together 11⁄2 to the gentlewoman from Illinois cause we want to get lower-cost drugs on important issues. (Ms. SCHAKOWSKY), who chairs our Con- and stop bad behaviors that prevent When we work together, we can sumer Protection and Commerce Sub- generics from coming to market soon- achieve real results that help patients. committee. er. But once again, we are letting politics Ms. SCHAKOWSKY. Mr. Chairman, Mr. Chair, I yield 3 minutes to the become the priority instead of helping the real political grandstanding that gentleman from Georgia (Mr. CARTER), people. Republicans want to work to- we are hearing today is from the Re- a pharmacist. gether on drug pricing. The people publican side of the aisle, which for Mr. CARTER of Georgia. Mr. Chair, I want us to work together on drug pric- nearly 10 years has been fighting thank the gentleman for yielding. ing. Mr. Chair, I come before you today a against the Affordable Care Act. I call on my colleagues to do the very disappointed person; a dis- Over 60 times, they voted against the right thing. Let’s put patients before appointed Member of Congress; a dis- Affordable Care Act. Maybe it is be- politics. cause some people call it ObamaCare. appointed pharmacist. I am dis- appointed that my Democratic col- Mr. Chair, this is important. Strike We know that millions and millions of these partisan poison pills in this bill people have gotten healthcare because leagues have decided to prioritize poli- tics over patients by packaging to- and send our excellent drug-pricing of it. work over to the Senate and on to the It is time to stop and to say let’s gether bipartisan bills to lower drug costs with partisan bills to bail out President’s desk and have him sign work together to make the Affordable them into law. Care Act even better and extend access. ObamaCare. They are two completely Mr. PALLONE. Mr. Chair, I yield 1 The fact is that the Affordable Care different subjects. minute to the gentleman from Mary- Act and affordable prescription drugs Republicans and Democrats have land (Mr. HOYER), our distinguished are two pillars of healthcare access. worked hard to create strong, bipar- majority leader. They really cannot be separated. tisan bills that will increase the I am proud that we have an oppor- amount of generic drugs entering the Mr. HOYER. Mr. Chair, if you put pa- tunity today to do what was impossible marketplace, bringing more affordable tients before politics, you will vote for while the Republicans were in charge choices to patients. Now, House Demo- this bill because patients care about of the Congress. Today, we are voting crats have chosen to use these bipar- prescription drugs, but they also care on making impactful, lasting change in tisan bills to pay for partisan about access to affordable, quality lowering the cost of healthcare, includ- ObamaCare bills. healthcare. ing prescription drugs, for Americans This bill includes major drug pricing Now, you sent a bill to the Presi- nationwide. proposals like the CREATES Act, and dent—or you didn’t really send it to Democrats are at the table and ready the pay for delay, which both seek to him because it didn’t pass the Senate— to pass this legislation. increase the ability of lower-cost ge- and you went down to the White House neric drugs getting to the market and you exalted about the bill you had b 1300 quickly, providing patients with more passed, and the President said: This is We are ready to improve all aspects affordable choices. a good bill. Then he had the oppor- of healthcare from healthcare afford- We had long, hard-fought negotia- tunity to, perhaps, have his advisers ability, to prescription drug afford- tions with our Democratic counter- tell him what was in the bill, and 10 ability. Instead of offering amend- parts in multiple markups that ran days later he said: This is a mean bill ments in bad faith, we need to pass this until midnight over these two pro- because it shortchanged patients for bill. posals, but we were eventually able to politics. Mr. Chair, I urge all of my colleagues come to an agreement. Mr. Chair, last week the House to reject the amendment by Mr. The other drug-pricing bill in this passed H.R. 986, a bill to protect cov- BUCSHON and support the passage of package is a bill that I have worked on erage for those with preexisting condi- H.R. 987 in its entirety. with my friend, Representative SCHRA- tions, and the Republicans said: No, it Mr. WALDEN. Mr. Chair, I yield my- DER from Oregon, the BLOCKING Act. doesn’t do that. They wanted to change self such time as I may consume. This bill mirrors the proposal from the name of the bill. Not only did they Mr. Chair, before I recognize our President Trump’s budget proposal to want to vote against it, they wanted to pharmacist, Mr. CARTER from Georgia, keep bad actors from clogging up our change the name of the bill. Why? Be- I just want to say I have been on the generic drug pipeline. cause they want to tell the public we

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.023 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3858 CONGRESSIONAL RECORD — HOUSE May 16, 2019 are for protecting you against pre- that sabotage in several ways: first, we whelmingly because, as I said, it is for existing conditions. We just don’t vote are banning junk plans that don’t pro- the people. that way. vide adequate coverage and raise pre- The CHAIR. Members are reminded This week House Democrats are con- miums for comprehensive health plans. to address their remarks to the Chair. tinuing to strengthen access to afford- Next, we are taking action to bring Mr. WALDEN. Mr. Chair, I yield my- able healthcare by passing H.R. 987, an generic drugs to market more quickly, self such time as I may consume. additional package of bills aimed at helping to lower the cost of prescrip- I want to make a couple of points be- strengthening our healthcare system tion drugs. I appreciate the fact that fore I introduce the author of the CRE- and lowering prescription drug costs my Republican colleagues support ATES Act. The gentleman that just because patients don’t just worry those bills. I appreciate the gentleman spoke, Mr. HOYER, voted 21 times, on 21 about prescription drugs, they worry who knows full well as a pharmacist of the bills that were signed into law to about their health coverage. As a mat- the crisis that confronts people when repeal parts of ObamaCare. The gen- ter of fact, it is hard to separate the they can’t afford lifesaving and health- tleman voted for it because those parts two. enhancing prescription drugs. were unworkable. So when you hear This effort is critical because the But they also are facing real prob- about 60 times, remember the leader, Trump administration, in its campaign lems on the availability of health in- the distinguished leader, my friend, ac- and from its very first day, and con- surance should they have to have tually voted for 21 of those, as did I. gressional Republicans, have been health providers, whether they are doc- When we talk about the people, let working tirelessly to sabotage tors, or hospitals. me read you a little statement from healthcare access and undermine the Finally, H.R. 987 increases funding Tom from Medford who wrote me in October of last year. He said, ‘‘Greg, I reforms of the Affordable Care Act. for outreach, enrollment, and naviga- just received a letter from the insur- They voted against it and, yes, they tors to help Americans find the right ance company stating their monthly voted over, and over, and over again to healthcare plan. That is for the people, premium next year will go up nearly 40 repeal it. to help the people understand, and to percent, from $632 to $883 per month, With all due respect to my friend, we have access, and to be secure in know- and that is with the plan more or less didn’t vote for those bills. ing they have adequate healthcare for Now, we may have voted for some them and their families. staying the same, but without any out- bills to improve the Affordable Care It also provides States with addi- of-network healthcare.’’ tional funding to establish State-based Act, but we certainly didn’t vote for b 1315 marketplaces. Innovation. Our legisla- any of your bills which had the effect tion will provide insurers, providers, That is not affordable. That is why of repealing ObamaCare, because we and patients alike with greater cer- we think States should have options. believe it is in the best interest of the tainty that the Affordable Care Act When it comes to the navigators that American public, and so does the ma- will continue to make healthcare they want to dump all this money into, jority of the American public. available and affordable to Americans remember agents and brokers in the Last year, 1.1 million Americans lost with preexisting conditions. private sector cost about $2.40 for them health coverage after years of gains in I am pleased that my Republican col- to sign somebody up. The navigators coverage. This shows us, dangerously, leagues are supporting the prescription would cost, based on 2017 numbers, $767 that the Trump administration’s ad- drug titles of this bill. Perhaps we will per enrollee. And for the $2.7 million ministrative sabotage is having its in- send it over to the Senate, and maybe that was spent to sign up 314 people, if tended adverse effect, from limiting ac- that is all they will send back. you put that money—as Republicans cess to open enrollment, to allowing But the fact of the matter is, we have want to do—into community health junk plans. a broader responsibility than just pre- centers, one estimate is you could Let me say something about junk scription drugs. Democrats are com- cover 20,000 people with that $2.77 mil- plans because the gentleman says: mitted to bringing healthcare costs lion. Well, some people can’t afford it. Yes, down and making sure more Americans Mr. Chairman, I yield 2 minutes to they get a plan and they think they can access quality, affordable coverage. the gentleman from Wisconsin (Mr. have health coverage, and by the way, Mr. Chair, I want to thank Rep- SENSENBRENNER). My friend is the it doesn’t cover something when they resentatives CICILLINE, RUSH, SCHRA- former chairman of the Judiciary Com- get really ill, or they have lifetime DER, CASTOR, KIM, and BLUNT ROCH- mittee and the former chairman of the limits, or annual limits. They don’t ESTER for their leadership in the com- Science, Space, and Technology Com- have this covered. They don’t have the ponent parts of this bill, which will mittee, and a leader on this CREATES other covered. make the security for healthcare bet- effort legislation on bringing drug Not only that, but guess what hap- ter for the people. They have intro- prices down. pens to the insurance pool? It becomes duced the constituent parts of this bill. Mr. SENSENBRENNER. Mr. Chair- riskier. And guess what happens then? Of course, I want to thank my good man, I rise in opposition to H.R. 987, The price goes up. You don’t have to be friend, FRANK PALLONE. Nobody has the ObamaCare bailout act. a genius or know much about the in- worked harder for a longer period of One of the things that has frustrated surance business to know that that is time to enhance the healthcare of me in the almost 5 months that the the case. Americans. Nobody has worked harder Democrats have controlled this Cham- From repealing votes in Congress, to in committee, both initially on the Af- ber is that anything that is good, bi- anti-ACA lawsuits in the courts, Re- fordable Care Act, of which he was a partisan, and for the people they turn publicans have been trying to under- very significant part of the authorship, into a partisan screaming contest. mine the Affordable Care Act. and since then in protecting it and try- That is exactly what they have done From shortening enrollment periods, ing to enhance it. This bill is impor- with the CREATES Act, which will to cutting funding for outreach to let tant for us to pass to do just that. bring down prescription drug prices people know what is available to them That is why I urge my colleagues on and has strong bipartisan support in and what is the best policy for them. both sides of the aisle to join us in both Houses and, as a standalone bill, Advice and counsel, they don’t have to standing up for the Affordable Care Act would have a very good chance of being take any of it, but they ought to have and its benefits; not undermining the signed into law. that available to them. law and its reforms. Having agreement So we can talk today about all of This sabotage is hurting access to af- on prescription reforms, bringing these things about ObamaCare that the fordable, quality healthcare coverage prices down, and making generics more other side of the aisle wants to put for the people. That is what we are available is an important step. But it is more money into, but that is going no- here for. For the people. And that is not the only step that we need to take. where. I think what we should do is what this legislation is for. For the This is not the final step. This is a look at what we can accomplish, and people. step. It is an important step. we can accomplish changing the way The legislation before the House I hope that Republicans and Demo- that drugs are priced through the CRE- today would push back on these efforts crats would support this bill over- ATES Act.

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.025 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3859 At a time when everything is a dra- legislation that advances Democrats’ Finally, there will be protection for matic political battle, lowering pre- commitment to rein in the soaring the auto enrollment program. Every- scription drug prices is one of the few costs of healthcare for consumers. body is busy. If the default position is opportunities where it seemed like Re- I am pleased that we are taking im- you are back in the plan you had, that publicans and Democrats could get portant steps forward to address an is good. There is security in that. Peo- something meaningful done for the issue I hear from constituents almost ple can make options to get out or to American people. daily: the rising cost of prescription change their plan. We want them to Just a few weeks ago, the Judiciary medicines. Just recently, I heard from shop. This makes healthcare affordable and Energy and Commerce Committees Mary, who is living with a lifelong and more accessible. worked across the aisle unanimously chronic condition. The cost of her Mr. WALDEN. Mr. Chairman, I yield reporting out several bills to that end. medication has skyrocketed in recent myself such time as I may consume to My friend, the gentleman from Rhode years to the point that it has forced thank the gentleman from Vermont for Island (Mr. CICILLINE), and I are spon- her to cancel prescriptions and forgo not only his comments here on the sors of one of those bills, the CREATES treatment. This is really unacceptable. floor, but his comments publicly about Act. Our commonsense legislation The bills before us today represent an what we agree with, which is these would allow consumers to access opportunity to make progress by allow- issues should have remained separate cheaper generic drugs sooner, driving ing lower cost generic drugs to come to and not lumped together. down costs and saving taxpayers market sooner. Furthermore, these ef- Mr. Chairman, I reserve the balance money. forts aim to make healthcare more af- of my time. According to CBO estimates, our bill fordable for patients with preexisting Mr. PALLONE. Mr. Chairman, I yield would save the American taxpayer $3.9 conditions by reversing the Trump ad- 11⁄2 minutes to the gentlewoman from billion over 10 years. This bill has the ministration’s relentless and ongoing Florida (Ms. CASTOR). kind of bipartisan support to become sabotage of the ACA. Ms. CASTOR of Florida. Mr. Chair- law. However, instead of letting this This is critical for people like Charis, man, Democrats are doing everything body vote on our commonsense bill in a constituent in my district who fears that we can to lower the cost of standalone form, the Democratic lead- that, without the ACA, she would have healthcare and prescription drugs, so I ership has tacked it on to this to hide her rare disease in order to get strongly support the act that is on the ObamaCare bill. adequate medical care. No patient floor today. It contains two bills that I The CHAIR. The time of the gen- should have to live with such a worry. authored. tleman has expired. I am pleased to be able to support First is H.R. 1010, which prohibits the Mr. WALDEN. Mr. Chairman, I yield these patient protections on the floor expansion of these junk insurance an additional 30 seconds to the gen- today, and I remain committed to plans. Junk insurance plans are the tleman from Wisconsin. ones that do not cover preexisting con- Mr. SENSENBRENNER. The keeping the pressure on tackling pre- ditions. You can often be tricked into ObamaCare bailout package has no scription drug and insurance costs and buying one of these plans and find out chance of passing in the Senate. The working to defend Americans’ rights to it doesn’t even cover the trip to the majority leader just admitted that. quality and affordable healthcare. hospital. This is a missed opportunity, and it is Mr. WALDEN. Mr. Chairman, I re- In fact, I asked Secretary Azar, in highly disappointing. serve the balance of my time. The American people want us to Mr. PALLONE. Mr. Chairman, I yield committee, about this. I asked him: 1 work in a bipartisan manner. The 1 ⁄2 minutes to the gentleman from You are aware that these junk plans do American people want us to accomplish Vermont (Mr. WELCH). not cover preexisting conditions? He said: That is correct. things, and this is a poison pill that Mr. WELCH. Mr. Chairman, this leg- The bill also contains another sec- will make sure that this bill never sees islation is going to help make tion that I authored, the ENROLL Act, the light of day in the Senate and will healthcare more affordable and more to restore funds to our independent never become law. accessible. When they take up this bill, I hope There are two things: navigators who are helping American they strip out all the ObamaCare bail- One, we finally are attacking the ex- families choose the right health insur- out—free of poison pills—and pass the plosion in the cost of prescription ance options for them. Agents and bro- bipartisan drug pricing bills so the drugs, and I thank my Republican col- kers are important, but they are no House will be able to reconsider them leagues for participating in that effort. substitute for independent navigators in a more bipartisan fashion. In Vermont, we just had a 16 percent who are trusted in the community. Mr. WALDEN. Mr. Chairman, I yield rate increase for requests from Blue We have got to pass these bills today myself such time as I may consume to Cross Blue Shield, and 9 percent of that to lower healthcare costs for families reinforce what the gentleman from is attributable to the increase in all across the country and lower pre- Wisconsin said. pharma costs. This is happening be- scription drug costs. I am very proud This is from The Washington Post: cause pharma has been ripping us off to have authored two portions of this. ‘‘The Health 202: Democrats Are Put- for far too long. Let’s not let them expand these junk ting a Political Pothole in the Way of This bill does two things: One, it ends plans and leave you on the hook. Let’s Bipartisan Drug Pricing Bills.’’ their abusive, outrageous practice of make sure that families have the inde- That is all you need to know. It paying generic companies to delay pendent advice that they need to didn’t have to be this way. These bills bringing their lower cost drug to the choose what makes the most sense for came out of the committee individ- market. There is no excuse for that. them. ually. The Democratic leadership put This bill ends it. The second thing it Mr. WALDEN. Mr. Chairman, I will them together knowing full well they does is deny pharma the opportunity to say that the State of Florida actually could put a poison pill into a drug re- withhold samples so that generic com- allows State-regulated plans to go up form bill and delay consumers’ ability panies can come up with a competitive to 364 days to give Floridians an oppor- to get more affordable drugs sooner, product. That is tremendous, it is over- tunity to have choice. When it comes because this legislation could move due, and it is just the beginning. to association health plans that allow through the Senate and down to the Second, this makes healthcare more small businesses like I used to own to President much more quickly if it accessible by funding navigators. My get together and offer more affordable didn’t have these provisions. colleagues disregard that, but, in fact, health insurance, they put a gag order Mr. Chairman, I reserve the balance navigators help people make the com- on so that you can’t tell America’s pa- of my time. plicated decision about what is the best tients they might have that option. Mr. PALLONE. Mr. Chairman, I yield healthcare plan for them. So, Mr. Chairman, I don’t know that 1 minute to the gentlewoman from It also provides money for outreach. I would fully trust all these navigators. California (Ms. MATSUI). We want folks to know what is avail- According to The Wall Street Journal, Ms. MATSUI. Mr. Chairman, I rise able for them, make the best choice, one grantee took in $200,000 of your tax today as a proud cosponsor of H.R. 987, and have the security of healthcare. dollars and enrolled one person. The

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.028 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3860 CONGRESSIONAL RECORD — HOUSE May 16, 2019 top 10 most expensive navigators col- Mr. Chairman, I rise today to voice Care and Lowering Prescription Drug lected $2.77 million to sign up 314 peo- my support for true bipartisan efforts Costs Act. I rise hand in hand with ple. If you put that $2.77 million into to reduce prescription drug costs. Sen- Granite Staters and all Americans who our community health centers, as the iors, patients, and families in my dis- have been denied care or have been Republicans would prefer, to spend trict and all across America are count- charged more for care because of pre- that money, then you would cover ing on us so that they can afford their existing conditions. 20,000 patients, according to one esti- medication and have the certainty that Asthma, allergies, Alzheimer’s, can- mate. they need. cer, diabetes—you can go right through Mr. Chairman, I reserve the balance On the Energy and Commerce Com- the alphabet—having a child, these are of my time. mittee, we have led. Republicans and preexisting conditions. And I believe Mr. PALLONE. Mr. Chairman, I yield Democrats on our committee have been people should not suffer more when 11⁄2 minutes to the gentleman from Or- working together on provisions to they are at their most vulnerable. Pa- egon (Mr. SCHRADER), who is the spon- bring generic drugs to the market fast- tients should not be discriminated sor of the BLOCKING Act, one of the er by incentivizing more competition against or treated unfairly when they generic competition bills. among generic manufacturers. need help the most. Mr. SCHRADER. Mr. Chairman, I We recently passed three drug-pric- I am committed to reversing the rise today in favor of the package of ing bills with overwhelming, bipartisan Trump administration’s continuous, bills before us that includes efforts to support. These are three solutions that unrelenting sabotage of the Affordable stabilize the marketplace and address President Trump stands ready to sign, Care Act that allows and encourages drug prices, a win-win for America. I and we should send them to his desk. junk health plans. am particularly proud to rise in sup- This is an opportunity to build on the H.R. 987 invests in access to quality port of one bill in the package, my bill, bipartisan work from the last Congress care while lowering prescription drug cosponsored with my good friend from to lower drug costs and keep our prom- prices. It ensures that generics can Georgia, Buddy Carter, H.R. 938, the ises to the American people. Remem- come to market as soon as possible so BLOCKING Act. ber, just last fall, President Trump that seniors are not skipping the medi- As we are all too well aware, the ris- signed our bipartisan bill to ban the cation they need because they cannot ing cost of drug prices is deeply im- gag clauses so patients can save on pre- afford it. pacting every American. At the same scriptions and trust they are getting I support this legislation because it time, addressing this issue does not the best price. puts patients first. I thank Representa- have one big silver bullet solution. The Again, we should build on that work. tive LISA BLUNT ROCHESTER for her BLOCKING Act is one of many that That is what the people elected us to leadership on this bill, and I encourage will address this larger problem. It do; that is what they expect; and that my colleagues to vote ‘‘yes’’ on H.R. takes action to ensure that generic is what they deserve. 987. drugs reach the market as quickly as b 1330 Mr. WALDEN. Mr. Chairman, at this point I would reserve the balance of my possible. So, what has changed, and where are Generic drugs save patients tens of time to close. we today? billions of dollars every year. The more The new majority—at the expense of Mr. PALLONE. Mr. Chairman, I yield competition we have in the generic patients, seniors, and families—is play- 1 minute to the gentlewoman from space, the more savings we see. It is ing politics with lowering the costs of California (Ms. PELOSI), our dynamic with that knowledge that we provide prescription drugs. leader, our Speaker. generic manufacturers that incentive H.R. 987 includes our bipartisan bills, Ms. PELOSI. Mr. Chair, congratula- of 180 days of exclusivity. but my colleagues across the aisle have tions. What a joy to see the gentleman Unfortunately, in the current sys- packaged them with very partisan bills in the chair. I thank Chairman PAL- tem, some generic manufacturers delay to bail out ObamaCare. LONE for his extraordinary leadership bringing their drugs to market by These partisan proposals would re- as chair of the Energy and Commerce parking their applications, once being strict access to healthcare coverage Committee and Congresswoman ANNA awarded the exclusivity, and not actu- and stop the administration’s work to ESHOO, chair of the Health Sub- ally bringing their drug to market. reduce wasteful spending on programs committee. I thank them so much for Doing so does not allow others to come that aren’t working. all their hard work to bring us to this to the market and extends their hold, The Washington Post called these series of bills today, in addition to the to the disadvantage of the American poison bills a political pothole. We bills of last week. consumer. don’t need any more political potholes. I commend our colleague who just That being said, a solution is quite We need real reforms that the Presi- spoke, ANN KUSTER, for her important simple. We need to prevent loopholes dent will sign. This is a ploy, and it is legislation to preserve the benefit of that decrease competition and inad- just the latest. preexisting conditions not being a bar- vertently keep drug prices high. The Energy and Commerce Com- rier to access to care and insurance, I remain committed to working to mittee has historically been the most and also to LISA BLUNT ROCHESTER for lower drug prices and urge others to bipartisan committee in the House, her leadership on the legislation before support passage of this package of bills putting more bipartisan legislation on us today to lower the cost of prescrip- that will assist in addressing this crit- the President’s desk than any other. tion drugs. ical issue for America. I am disappointed that we have found Mr. Chairman and colleagues, on Mr. WALDEN. Mr. Chairman, my ourselves here. Sunday we marked Mother’s Day, a friend from Oregon is right on the drug Mr. PALLONE. Mr. Chairman, I yield special tribute to our mothers and also pieces, and like other Democrats I 11⁄2 minutes to the gentlewoman from a somber reminder of the days when know, there are a lot of people who New Hampshire (Ms. KUSTER), who is being a mother—when being a woman— think that we should keep these bills the sponsor of our Protecting Ameri- was a preexisting medical condition. As separately and they would zoom on cans With Preexisting Conditions Act a mother of five, I can speak from some through here, but not package them up that we passed last week. experience as to what an obstacle that the way they are. Ms. KUSTER of New Hampshire. Mr. could be to access to insurance. Mr. Chairman, I yield 2 minutes to Chair, I thank Chairman PALLONE for Last week, we took action to block the gentlewoman from Washington yielding and for his guidance and lead- the administration’s cynical efforts to State (Mrs. RODGERS). ership on the Energy and Commerce drag our country back to the dark days Mrs. RODGERS of Washington. Mr. Committee as we advance critical leg- of discrimination in healthcare cov- Chairman, I thank our Republican lead islation this week to stabilize the Af- erage by passing the Protecting Ameri- on the Energy and Commerce Com- fordable Care Act and drive down pre- cans With Preexisting Conditions Act. mittee for yielding. I appreciate the scription drug costs for all Americans. Again, I salute Congresswoman gentleman’s leadership on this impor- Mr. Chair, I rise today in support of KUSTER for her leadership on this, and tant issue. H.R. 987, the Strengthening Health also our chairman.

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.029 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3861 This is not a fight about legislation quer was the cost of prescription drugs, We will fight them in the Supreme that we are gathered about here today. which continues to contribute to the Court, but we will also fight them in This is about a fight for our lives, the increase of healthcare costs in our the court of public opinion. This is lives of many people affected. country. very, very important to, not only the I want to take the opportunity to sa- That is the main reason healthcare health, but also the financial well- lute a hero, a hero who testified last costs rise: the cost of prescription being of America’s working families. week on healthcare at the Rules Com- drugs. So, I salute the chairman for this leg- mittee, Mr. Ady Barkan. So, I salute the chairman and the islation, and I urge everyone to vote Ady Barkan is a hero to us. He is a committee and ANNA ESHOO, chair of for it. And I know that there is bipar- man who suffers from ALS, but, in the subcommittee, and our distin- tisan support for some parts of the bill. speaking out for better healthcare, guished chairman of the full com- I hope that will apply to all of it so with courage, he testified before the mittee for his legislation today which that it really can work. committee 2 weeks ago. helps to lower the cost of prescription Mr. WALDEN. Mr. Chairman, may I Ady said: I was healthy a year ago. I drugs to people, to individuals, to fami- inquire as to how much time remains was running on the beach. I am 33 lies, to everyone who has a part in on each side, please. years old. I have an 18-month-old son, funding the good health of the Amer- The CHAIR. The gentleman from Or- Carl. And, out of nowhere, I was diag- ican people. egon has 2 minutes remaining. The nosed with ALS, which, as you know, This is really essential. And it is a gentleman from New Jersey has 111⁄2 has a life expectancy of 3 to 4 years. No fight. And it is a fight, but we are tak- minutes remaining. treatment, no cure. ing it one piece at a time. Mr. WALDEN. Mr. Chair, I reserve Like so many others, Rachael—that The reason it had to be combined the balance of my time. is his wife—and I have had to fight with other bills is so that it could be Mr. PALLONE. Mr. Chairman, I yield with our insurers, which has issued paid for. Our Republicans salute the 11⁄2 minutes to the gentlewoman from outrageous denials instead of covering first part of the bill where we encour- California (Ms. BARRAGA´ N). the benefits we paid for. age competition among generics and Ms. BARRAGA´ N. Mr. Chair, I rise We have so little time left together, this, that, and the other, but want to today on behalf of the millions of yet our system forces us to waste it walk away from the part of the bill Americans who are struggling to afford dealing with bills and bureaucracy. that is essential for paying for the leg- That is why I am here today urging their lifesaving medications. Every islation. day, millions face the tough decision of you to build a more rational, fair, effi- So, we want to be very, very respon- cient, and effective system. having to pay for their prescriptions or sible in all of this. other basic costs of living like gro- That was Ady testifying 2 weeks ago. One of our colleagues on the floor Since then, Ady lost his grand- ceries and rent, Americans like Vic- earlier said that this bill was going to mother, Dina Abramov, and our sym- toria Stuessel from Los Angeles, a go die in hell or someplace. I don’t pathy goes out to him. Our congratula- mother of three who was just diagnosed know where. Actually, the distin- tions to her for having such a magnifi- with MS. guished—well, not so in this case, but cent and courageous grandson. Because of the high cost of her medi- But Ady has been here so many times the Republican leader of the Senate cations which she uses to delay the with our Little Lobbyists who have has said that he is the grim reaper and progress of her disease, she was forced preexisting conditions, with many of all these bills will die, designating the to skip doses. But this is just one of the communities that represent people Senate a graveyard for legislation that many stories of people like Victoria with diagnoses that need prescription would help the good health of the who ration their care or stop taking drugs and cannot afford them. American people, lower costs for them, their medication altogether. So, in the coming weeks and months, improve their lives. But he talked Not only is this dangerous, but it Democrats will continue our action to about everything that we passed here. could result in death. strengthen health protections for peo- I have some news for the distin- The Strengthening Healthcare and ple like Ady, the Little Lobbyists, and guished leader in the Senate, the Re- Lowering Prescription Drug Costs Act others, because this is life or death. It publican leader, Mr. MCCONNELL. The is the first step to stop the rigging of certainly is quality of life. support for this legislation, these bills, the system so there is no delay to get And now, our Democratic House, is alive and well among the American generics to consumers faster. today, is proud to pass the Strength- people, and he will be hearing from That will increase competition, and ening Healthcare and Lowering Pre- them, because this legislation, these it will keep drug prices down for con- scription Drug Costs Act, with Con- bills, are a matter of life and death sumers. gresswoman BLUNT ROCHESTER. and, certainly, quality of life for Amer- While there is still much more work With this legislation, we are further ica’s working families. that needs to be done to drive down the reducing the price of prescription drugs So we will never limit the aspirations price of prescription drugs, this bill is by promoting competition with and meeting the needs of the American a strong first step in ensuring that all generics and reversing the Republican people to what might be legislatively Americans can afford the medication sabotage that we have seen. acceptable in the mind of a person in they need. Mr. Chair, when we passed the Af- the United States Senate, but we will Let’s pass this bill and move forward fordable Care Act, it was absolutely recognize our responsibility to not only in helping consumers. necessary that we do so. Even if every- pass the boldest common denominator, Mr. WALDEN. Mr. Chair, I continue one in our country approved and loved but to do so in a way that honors what to reserve the balance of my time. their insurer and was happy with their President Lincoln told us: Public senti- Mr. PALLONE. Mr. Chairman, I yield healthcare—which was not the case, ment is everything. With public senti- 11⁄2 minutes to the gentlewoman from but even if they did—it was essential ment, you can pass almost anything; Delaware (Ms. BLUNT ROCHESTER). that we pass the Affordable Care Act without it, practically nothing. b 1345 because we could not sustain the costs But, in order for the public sentiment of healthcare in our country at the to weigh in, the public has to know. Ms. BLUNT ROCHESTER. Mr. Chair- time: the cost to an individual; to a And passing legislation of this kind is man, I thank Chairman PALLONE for family; to a small business; to cor- a strong message. And our advocates, yielding and for his leadership. porate America, who was paying a big whether it is the Little Lobbyists; Mr. Chairman, I rise in strong sup- part of the bill; and to the public sec- whether it is those who are affected by port of H.R. 987, the Strengthening tor, was a tremendous burden. so many aspects that the Republican Health Care and Lowering Prescription With the Affordable Care Act, we leadership is out to sabotage, that the Drug Costs Act. This legislative pack- were able to lower the rate of increase Trump administration is out to sabo- age is comprised of commonsense pro- of healthcare costs in our country. tage, whether in the Congress or in the posals that will advance important But one sector, one segment of the courts—well, we will take it to the gains made by the Affordable Care Act healthcare arena that we did not con- court, as we are in the Supreme Court. and further improve our healthcare

VerDate Sep 11 2014 05:49 May 17, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.031 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3862 CONGRESSIONAL RECORD — HOUSE May 16, 2019 system by, one, lowering the cost of Let’s do that. Is it what people want to have? Is it prescription drug prices and, two, in- Mr. WALDEN. Mr. Chairman, I con- what we want people to have? I would creasing access to care. tinue to reserve the balance of my tell you, no, it is not, but it is sure bet- Included in this package is my bill, time. ter than nothing. the MORE Health Education Act, Mr. PALLONE. Mr. Chairman, I yield So I hope that, as things move for- which will restore funding to the Af- 1 minute to the gentleman from New ward, we will be able to get some fordable Care Act’s marketing and out- Jersey (Mr. KIM), who is the sponsor of things done on the prescription drugs. reach programs and, according to the the legislation that encourages State But again, 24 counties that I rep- CBO, help an additional 5 million exchanges. resent, half of them only have one in- Americans get health coverage. Mr. KIM. Mr. Chairman, I rise today surance option. Those insurance car- Educating Americans about when in support of taking action to lower riers, exempt from the antitrust laws they can enroll and what their options healthcare and prescription drug costs. of the country—that is the way they are gets more people covered, creates a In each of my townhalls, I heard from wrote the Affordable Care Act. They better risk pool, brings down some of my neighbors that they are tired of the left them exempt from the antitrust the cost of high premiums, and gets us politics; they can’t afford the partisan- laws of the country. one step closer to stabilizing the indi- ship; and they need Congress to be the Mr. PALLONE. Mr. Chairman, I yield vidual marketplace. adults in the room and to act now. I 1 minute to the gentlewoman from ACA outreach not only boosts enroll- am proud that my bill, the SAVE Act, Minnesota (Mrs. CRAIG). ment, but is also cost effective. The has been incorporated into the bill that Mrs. CRAIG. Mr. Chairman, I join my private sector spends between $250 and we will be voting on today. colleagues today in strong support of $1,000 per enrollment; however, it costs The SAVE Act came from a conversa- the Strengthening Health Care and the government just $29 to enroll some- tion, a single conversation, as I Lowering Prescription Drug Costs Act. Healthcare is the number one issue I one in the individual marketplace reached across the aisle to Congress- hear about from the families that I rep- using TV ads—$29. man BRIAN FITZPATRICK, put aside our resent, and we must do the right thing The goal of affordable, accessible, parties, and worked together to help for the American people and finally and high-quality healthcare is not a D the people we wake up every day com- focus on lowering the cost of or an R, it is an A for American. mitted to serve. Congress needs more conversations healthcare. I urge my colleagues to vote ‘‘yes’’ As a child, in my own family, we like that. Congress needs bold action on this bill. struggled at times to afford health in- Mr. WALDEN. Mr. Chair, I continue like the one we will be taking today. I surance. I know directly that, if to reserve the balance of my time. call on our colleagues in the House to healthcare isn’t affordable, it isn’t ac- Mr. PALLONE. Mr. Chairman, I yield recognize that our neighbors need cessible. That is why I have cospon- 11⁄2 minutes to the gentleman from healthcare relief, and I call on our col- sored bills in this package to lower pre- Texas (Mr. DOGGETT), who chairs the leagues in the Senate to recognize that scription drug costs and stabilize the Ways and Means Health Subcommittee. our neighbors cannot wait for that re- Affordable Care Act. Mr. DOGGETT. Mr. Chairman, I am lief to come. It is unacceptable that 29 percent of here to wade through the pool of croco- This is our moment to act to lower Americans ration lifesaving medicine dile tears being shed by Republicans healthcare costs. This is our moment because they cannot keep up with the who, for eight long years, have done to get something done for the Amer- cost. We need to stop brand-name drug nothing meaningful to address pre- ican people. companies from keeping affordable ge- scription price gouging. Mr. WALDEN. Mr. Chairman, I yield neric alternatives from the market and This bill provides some protection 11⁄2 minutes to the gentleman from support efforts to develop lower cost from anticompetitive pharmaceutical Georgia (Mr. AUSTIN SCOTT). options for families. These efforts have practices. And while it fails to lower Mr. AUSTIN SCOTT of Georgia. Mr. bipartisan support, and I am proud to drug prices immediately as we need, it Chairman, as I have listened, again, I support them. offers great hope for the future. Key want to point out the same thing I Mr. WALDEN. Mr. Chairman, may I provisions are substantially the same pointed out the other day, that they inquire again about the amount of time as legislation I have introduced twice act as if you go to the doctor and the on each side. before. doctor says you have a dreaded disease, The CHAIR. The gentleman from Or- Big Pharma depends on monopoly that you can go out the next day and egon has 30 seconds remaining. The power to spike prices. Taxpayers fi- get an insurance contract. That is sim- gentleman from New Jersey has 5 min- nance much of the drug development; ply not true. utes remaining. then the government grants a monop- Affordable Care Act contracts are not Mr. WALDEN. Mr. Chair, I reserve oly and, too often, that patent monop- available until January 1 of next year. the balance of my time. oly is extended wrongfully by buying You can sign up for them starting in Mr. PALLONE. Mr. Chairman, I yield off the competition in what are called November, but you will not have cov- 1 minute to the gentleman from Colo- pay-for-delay contracts. erage until the first of next year. rado (Mr. NEGUSE). Big Pharma claims that it has to And if you think healthcare was ex- Mr. NEGUSE. Mr. Chairman, across price-gouge in order to solve and pro- pensive and insurance was expensive the State of Colorado and across my vide cures for the future. What it is before the Affordable Care Act, you district, the cost of healthcare is an ur- really innovative about is not cures, sure ought to look at it now, because it gent concern to so many of my con- but maintaining its monopoly position. is significantly more. stituents. That is why I am proud to Today’s modest action is very impor- I just want to point out that there is support the legislation championed by tant, but it will not fulfill our Demo- a lot of good stuff in this legislation, our chairman today. cratic promise to deliver on lowering there really is. I commend both the Today’s legislation will provide drug costs until we use the full power Democrats and the Republicans on the much-needed reforms to lower the cost of the Federal Government, its pur- committee for the work that is done to of healthcare, protect people with pre- chasing power, to directly negotiate help the American citizens on the pre- existing conditions, and lower the cost drug prices, much the way that the scription drug issue. of prescription drugs—and these re- Veterans Administration gets lower But as a Representative who has 24 forms are urgently needed. prices for our veterans. counties, in over half the counties that We know for a fact that American Big Pharma will not yield its monop- I represent, they have only one insur- consumers pay far more for prescrip- oly prices willingly. It will take more ance carrier—only one insurance car- tion drugs than it costs to manufacture than a cry of, ‘‘Kumbaya.’’ It will take rier. I can tell you these skinny plans them. In Colorado, over half a million enough Members here with the intes- are important. If you lose your cov- people each year don’t fill a prescrip- tinal fortitude to stand up to one of the erage, where we live, it is, in many tion because of the cost—half a million most powerful lobbies in America and cases, the only thing that is available people. The burden has led to heart- provide genuine relief. to you. breaking stories across my State and

VerDate Sep 11 2014 05:49 May 17, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.033 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3863 across the Nation of individuals forced The CHAIR. The gentleman from We have watched this Trump admin- to choose between feeding their loved New Jersey has 2 minutes remaining. istration sabotage the Affordable Care ones and taking life-sustaining medica- The gentleman from Oregon has 30 sec- Act and put out junk plans so people tions. onds remaining. don’t have comprehensive coverage and Today’s legislation will provide Mr. WALDEN. Mr. Chairman, I yield people with preexisting conditions much-needed reforms, will lower pre- myself the balance of my time, as I have trouble finding affordable cov- scription drug costs by ending the tac- have no other speakers. erage. They have made it more dif- tics used by so many drug manufactur- I would just like to point out, make ficult for people to even know what to ers to keep less expensive drugs off the clear for the RECORD and for all our buy in the marketplace by cutting market, and will bring generics to mar- colleagues, Republicans supported and back on navigators and the outreach ket faster. worked closely with our Democratic that makes people aware. They have I urge passage of the provisions on colleagues on the drug reform bills also made it so that many people, un- the floor today to ensure that no here to get lower cost prescriptions and fortunately, don’t even have options. American has to skip doses of life- more generics into the market sooner. We are going to do whatever we can. saving medication because of the cost There is no light between our shoulders Republicans may like some bills, and and no American goes bankrupt paying on those issues. they may not like others, but we are for their healthcare. If those bills were brought here inde- going to move forward with a package I thank the chairman again for his pendently as they came out of com- today and also in the future on what- leadership in championing this legisla- mittee independently, they would be ever we can to make premiums more tion. headed to the Senate and likely to the affordable and to bring down drug Mr. WALDEN. Mr. Chair, I continue President, and we would be moving for- prices. to reserve the balance of my time. ward. But, instead, Democrats merged Mr. Chair, I urge support for these Mr. PALLONE. Mr. Chairman, I yield in bills they know Republicans oppose. bills for those reasons, and I yield back When it comes to navigators, the ac- 2 minutes to the gentleman from New the balance of my time. York (Mr. JEFFRIES), the Democratic tual number is $767 per individual the The CHAIR. The gentleman from Vir- navigators signed up; agents and bro- Caucus chair. ginia (Mr. SCOTT) and the gentlewoman Mr. JEFFRIES. Mr. Chairman, I kers cost $240 per enrollee. Mr. Chair- from North Carolina (Ms. FOXX) each man, we would rather take that money thank the distinguished chair for his will control 15 minutes. and put it into community health cen- leadership on this critically important Mr. SCOTT of Virginia. Mr. Chair- ters. That would take care of 20,000 pa- issue. man, I yield myself such time as I may The reckless and reprehensible Re- tients, just at $2.7 million. consume. Mr. Chairman, I urge opposition to publican assault on healthcare is un- Mr. Chairman, I rise today in support the bill, and I yield back the balance of American, unconscionable, and unac- of this bill to improve access to quality my time. ceptable. health coverage, protect the Affordable This administration wants to take b 1400 Care Act, and cut prescription drug away healthcare protection from tens costs for consumers. of millions of Americans. Mr. PALLONE. Mr. Chair, I yield my- This administration wants to impose self such time as I may consume. Unfortunately, Mr. Chairman, the ad- an age tax on people between 50 and 64, Mr. Chair, I want to acknowledge the ministration has consistently under- which will dramatically increase pre- many Members who wanted to lend mined quality, affordable coverage miums, copays, and deductibles. their strong support to this legislation that Americans have come to expect. This administration wants to take but were unable to add themselves as House Republicans actually passed a away protections for those with pre- cosponsors due to this package being bill last year that CBO concluded existing conditions, adversely impact- combined for floor consideration as would provide coverage for over 20 mil- ing more than 100 million Americans. part of the Rules Committee pro- lion fewer people, would increase pre- Here is the Democratic response: ceedings. Those Members include the miums 20 percent the first year, would Keep your hands off of the healthcare sponsors of the individual bills incor- cover less, and would jeopardize protec- of everyday Americans. porated into this package, as well as tions for those with preexisting condi- Our legislation will strengthen the Members like Representative SHEILA tions. Affordable Care Act, protect people JACKSON LEE who strongly support our We can do better. with preexisting conditions, lower efforts to make healthcare more acces- Mr. Chairman, I want to speak on healthcare costs, and drive down the sible and affordable. one important provision of H.R. 987 high costs of lifesaving prescription Let me say, Mr. Chairman, in clos- that reverses the administration’s at- drugs because Democrats believe that, ing, as Democrats, we promised, and we tempt to proliferate junk insurance in this great country, no American will fulfill the promise, that we are plans. should ever have to choose between going to make healthcare more afford- Mr. Chairman, for healthier, younger putting food on the table, paying the able, that we are going to bring down Americans, short-term junk plans may rent, or getting access to lifesaving the costs of prescription drugs, that we sound like a good idea. Unfortunately, medication. We believe that healthcare are going to make sure people who those policies will fail to cover essen- is a right; it is not a privilege. We are have preexisting conditions are pro- tial benefits and will lack consumer not going backward; we are just going tected, and that we are offering robust, protections. They may not provide de- to move forward. comprehensive plans with all the essen- cent coverage for when they get sick. This is the wealthiest country in the tial benefits as part of the package. The major problem with the pro- history of the world. Every single That is what this bill is about. That liferation of junk plans is the fact that American should have access to high- is what the bill last week was about as they allow insurance companies to sell quality and affordable healthcare, and well, guaranteeing that if you have a plans to healthy people only, meaning we are taking a substantial step in preexisting condition, you will get af- that everybody else would be in an in- that direction today. fordable health coverage, and saying surance pool that is sicker than they I thank the chair and the tremendous that in the case of prescription drugs, are today. While a privileged few may members of the relevant committees 90 percent of prescription drugs now pay less, everybody else will pay more. for their great work. have or could have a generic alter- In fact, one study showed that the Mr. Chairman, I urge a ‘‘yes’’ vote. native to bring down costs. combination of all these junk plans and Mr. WALDEN. Mr. Chairman, I con- They bring them down considerably, lack of mandates and other sabotage of tinue to reserve the balance of my but the brand-name drug companies the Affordable Care Act could result in time. have conspired, in many cases, to make thousands of dollars more for every- Mr. PALLONE. Mr. Chairman, I it more difficult for generics to come body else to pay. think I am prepared to close, but I just to market and delayed them coming to These plans will raise costs for most want to ask about the time on each market. That drives up the costs of Americans, and that is a step in the side once more. prescription drugs. wrong direction.

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.034 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3864 CONGRESSIONAL RECORD — HOUSE May 16, 2019 Mr. Chairman, we should be reducing Mr. SCOTT of Virginia. Mr. Chair- proves that we are not keeping up our the cost of insurance for most Ameri- man, I yield 2 minutes to the gentle- end of the bargain. cans, not increasing the cost. woman from Pennsylvania (Ms. WILD). ObamaCare created a healthcare par- Mr. Chair, this bill will prevent the Ms. WILD. Mr. Chairman, I thank adigm that aimed to take away options administration from going in the Mr. SCOTT for yielding. from Americans and give that author- wrong direction, so I urge my col- Mr. Chair, I rise in support of H.R. ity to the government. As a result, pre- leagues to support H.R. 987. 987. I am proud that we are about to miums are skyrocketing, with the Mr. Chair, I reserve the balance of follow through on key campaign prom- highest in the country being in my my time. ises: lowering drug costs by removing home State of Virginia. Ms. FOXX of North Carolina. Mr. barriers to generic drugs coming to President Trump, thankfully, has Chairman, I yield myself such time as market, reversing the sabotage of the stepped in to allow flexible, short- I may consume. ACA, and rescinding the administra- term, limited-duration plans to help Mr. Chairman, I rise as leader of the tion’s rule to expand junk plans. those in my district, where my con- Republicans on the committee of juris- As we all know, Congress sometimes stituents are pleading for more choices diction over employer-sponsored engages in hyperbole, but this is not in health insurance. This administra- healthcare, the House Committee on hyperbole: These plans are truly junk. tion is simply trying to give more op- Education and Labor. They are not required to include essen- tions to Americans in this desert of We have a vital stake in this debate tial benefit coverage requirements of choice. because that is how most Americans the ACA. They can deny consumers We should be creating an environ- get their healthcare, through their em- coverage or charge more based on age, ment that encourages more choices for ployer. Our focus should be on improv- gender, or health status. They come individuals and families. This includes ing those options. Instead, we are here with no guarantees for basic benefits a more individualized market, particu- so our Democratic colleagues can grind like maternity care, mental larly with regard to employer-spon- an ax against the few remaining healthcare, prescription drug coverage, healthcare options they don’t get to sored health insurance. It also means increasing pricing control. and other preventive services. They are Among its many choice-eliminating, not subject to the out-of-pocket limita- transparency at the point of sale to freedom-limiting provisions, this legis- tions of the ACA that are designed spe- avoid surprise medical billing, which lation would eliminate short-term, cifically to protect consumers. the President championed last week. limited-duration insurance plans. I know a bit about these junk plans Finally, we should address consolida- These plans are an obvious potential because I spent time over Mother’s Day tion in the healthcare system through solution for millions of Americans, weekend desperately helping my 26- increased enforcement from the FTC working or not, who may find them- year-old son find insurance coverage. and the DOJ under the Sherman Anti- selves between jobs or unable to afford In March, he turned 26 and found him- trust Act. rising premiums in the already expen- self uninsured. He is in a sandwich sit- This legislation is the height of arro- sive individual market. uation between his 26th birthday and gance. Government knows best, yet If any of my colleagues on the other when he will again become eligible for again. The American people know side of the aisle claim to be champions employer-provided healthcare. nothing about their own choices when for hardworking Americans or the un- Only because I have read countless it comes to health insurance. employed, their support for this provi- insurance policies over the years of my To double down on ObamaCare and sion is proof that those claims are legal career did my son avoid the trap take away the few options that are left empty. of paying $6,000 for a policy that would for constituents, and giving those It is worth noting for the RECORD afford him almost no coverage with a choices to those who caused this fail- that short-term, limited-duration plans $10,000 deductible. That deductible ure in the first place, the Federal Gov- were legal under the Obama adminis- would have applied even to his pre- ernment, is beyond offensive to Amer- tration and that States still have the scription drugs, of which he needs one. ican citizens. authority to regulate these plans both Just as important, my son is exactly Mr. Chair, I urge my colleagues to under the Obama administration and the kind of person we need in the mar- join me in rejecting this legislation. under the current rules. If States ketplace. Reject this idea that government choose to limit or prohibit the sale of Let’s encourage robust participation knows best, and stand up for affordable these plans, they are free to do so. in marketplace plans, which was the and accessible health insurance for all By considering this bill, House Demo- intent of the Affordable Care Act. Americans. crats are once again defaulting to their These junk plans lure young, healthy Mr. SCOTT of Virginia. Mr. Chair- standard uncreative, blind support for people away from the ACA pool of man, I yield 11⁄2 minutes to the gentle- one-size-fits-all Federal mandates in- plans, resulting in more expensive pre- woman from North Carolina (Ms. stead of respecting the judgment of miums for the rest of Americans. ADAMS). State lawmakers and authorities, as Let’s pass this bill. Ms. ADAMS. Mr. Chairman, I thank well as individuals, to act in their Ms. FOXX of North Carolina. Mr. the gentleman from Virginia for yield- States’ and their own best interests. Chairman, I yield 3 minutes to the gen- ing and for his support on this issue. Republicans on the Education and tleman from Virginia (Mr. CLINE). Mr. Chair, I rise today in strong sup- Labor Committee have been and re- Mr. CLINE. Mr. Chairman, well, here port of H.R. 987. We must reverse the main fully dedicated to protecting we go again, another bait and switch administration’s attempt to sabotage Americans with preexisting conditions by the Democrats. the Affordable Care Act. and unleashing new customizable, af- We have a great bill, the CREATES Healthcare should not be a partisan fordable, workable healthcare options Act, that allows consumers to access issue. It doesn’t matter if you are a that take into account the changing cheaper generic drugs, driving down Democrat, Republican, or unaffiliated. needs of all Americans at all stages of costs, saving Americans $3.9 billion If you get sick, you need to see a doc- life. over 10 years. tor. Your body certainly doesn’t make The bill before the House today will What have they done with it? They the distinction about what your poli- not lower drug prices, will not protect have stuck in poison pills designed to tics are. anyone from surprise billings, will not take choice away from Americans The ACA has given millions of Amer- lower premiums, will not cut any out- when it comes to their health insur- icans, including 500,000 in my home of-pocket costs, and will not provide ance plans. State of North Carolina, access to qual- one cent of tax relief. As lawmakers, we owe it to Ameri- ity and affordable care. That is huge Its failure to achieve any of those ob- cans to protect their rights to make because people need healthcare. jectives makes it simply unacceptable their own decisions, particularly as it No one should worry about losing ac- for us as Republicans. relates to healthcare. The fact that we cess to quality, affordable health insur- Mr. Chair, I reserve the balance of are here debating even further reducing ance because of a preexisting condi- my time. these options available to Americans tion. We all have them.

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.037 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3865 Black women shouldn’t have to about 90 percent do. But these sub- lion, according to the CBO, and bring worry about dying in childbirth be- sidies hide the true cost of the care, down the cost of some prescription cause they don’t have equal access to and for people who don’t receive a sub- drugs by as much as 85 percent. healthcare. sidy, it is unaffordable. The CREATES Act does this by di- I am proud to support H.R. 987 to in- When the Education and Labor Com- rectly addressing the abusive delay vest in quality healthcare for the mittee marked up the short-term bill tactics that big drug companies use to American people, a healthcare system last month, I heard the argument that block or delay generic competitors that works for everyone. these short-term plans were too dif- from entering the market. Over the past decade, some of the b 1415 ficult to understand, that consumers don’t know what they are getting. biggest drug companies have abused Ms. FOXX of North Carolina. Mr. This is offensive to me. This is say- regulatory protocols so they can pre- Chairman, I yield 3 minutes to the gen- ing, just because patients don’t choose vent the sale of affordable drugs. This tleman from Tennessee (Mr. DAVID P. plans that Washington bureaucrats lets them maintain their control of the ROE), the distinguished ranking mem- think are good for them, they don’t marketplace, pull in monopoly profits, ber of the Veterans Affairs’ Committee. have enough sense to figure it out on and keep their prices at inflated levels. Mr. DAVID P. ROE of Tennessee. Mr. their own. If it is signed into law, the CREATES Chairman, I rise today in opposition to They do. I trust the American people. Act will create a tailored path for ge- H.R. 987, the Democrats’ ObamaCare Why on earth when we do something neric drug competitors to obtain the bailout act. This legislation includes using common sense and creating asso- samples that are necessary for regu- three bipartisan bills that could help ciation health plans that allow small latory approval of their lower cost for- lower the cost of prescription drugs. groups to get together—Washington mulations. Unfortunately, the majority has de- State does that, hardly a conservative I am proud that this bill is not only cided to package these positive bills State. They have had AHPs for over 20 backed by many of our colleagues, but with four bills that double down on years, and they are working well. it also has the support of a diverse coa- trying to force ObamaCare on people If my friends across the aisle want to lition of healthcare providers, patient who don’t want it and can’t afford it. engage in a good faith effort to find so- groups, and public interest organiza- We are back on the floor again using lutions to high healthcare costs, I am tions, including AARP and Public Cit- valuable time to consider legislation all in, Mr. Chairman. I want to help. izen. And I am proud it is included in that will not pass the Senate. Make no But the point is that people are finding this package today. mistake: If House Democrats wanted to ways outside of ObamaCare to best ac- The majority leader in the Senate accomplish something, they could have cess coverage for their families. likes to describe himself as the grim put their three drug pricing bills on the The CBO initially said there would be reaper for Democratic legislative pro- floor by themselves today and they 27 million people in the exchanges in posals. I hope that won’t be the case would have passed. Everyone needs to 2019. That number is 8 million. Com- here. He needs to put the interests of understand that. petition works. the American people ahead of his ob- Instead of working together to find I hope my colleagues oppose this leg- session with fighting Democrats every ways to bring down the costs of islation, and I am ready to work in a step of the way. healthcare, House Democrats are act- bipartisan way to solve these problems. The CREATES Act and these other ing to eliminate affordable options Ms. FOXX of North Carolina. Mr. proposals that are contained in this that many folks across the country Chairman, may I inquire as to the package deserve an up-or-down vote in rely upon for covering their family’s amount of time left. the United States Senate. The Amer- healthcare needs. The Acting CHAIR (Mr. SABLAN). The ican people deserve relief from these One provision in this bill would be to gentlewoman from North Carolina has outrageous prescription drug prices, limit the availability of short-term 61⁄2 minutes remaining. The gentleman and this legislation will achieve that. limited duration plans to no more than from Virginia has 10 minutes remain- Ms. FOXX of North Carolina. Mr. 3 months. This change by President ing. Chairman, I yield 3 minutes to the gen- Obama went into effect January of 2017 Mr. SCOTT of Virginia. Mr. Chair- tleman from Michigan (Mr. WALBERG), and overturned 20 years of regulations man, I yield 2 minutes to the gen- the distinguished Republican leader on that had been in place since Bill Clin- tleman from Rhode Island (Mr. the Subcommittee on Health, Employ- ton was in office, including the en- CICILLINE). ment, Labor and Pensions. tirety of President Obama’s adminis- Mr. CICILLINE. Mr. Chairman, every Mr. WALBERG. Mr. Chairman, I rise tration. day in kitchens and living rooms all today in opposition to H.R. 987, and I These plans are for essential health across America, working men and truly lament the fact that the other benefits chosen by the individual con- women sit down and try to figure out side is once again, under their leader- sumer, not the Federal Government. how to pay for their prescription drugs. ship’s direction, trying to score polit- We have different needs at different That is because 25 percent of the people ical points instead of truly solving points in our life. Unfortunately, the in this country can’t afford the medi- problems. ACA does not allow for plans to be sold cine they have been prescribed. Republicans and Democrats agree on as ‘‘compliant’’ unless they contain Seniors are choosing between COPD the need to tackle out-of-control pre- government approved what you need, and their the groceries. People with scription drug costs. It is an issue that not what you and your family decide cancer are being forced to delay their touches all of our districts. People are what is in your best interest and can treatment, cut pills in half, or even struggling and in need of relief. afford. forgo treatment altogether. This is All of the names mentioned today, If my colleagues want to get rid of happening in the richest, most power- the illustrations, from the Speaker of junk plans, they can start by working ful nation in the history of the world. the House on to my colleagues, names with us to get rid of ObamaCare. It is a disgrace. that were mentioned of people who are In my district, while the individual If government is going to work for hurting and need relief from drug mandate was in effect, there were 20,000 the people, then the people who serve costs, are being let down by the Demo- people who purchased their coverage in government need to end this crisis, crat leadership today. through the exchange and about 15,000 and Democrats are committed to doing Up until today, we have been work- who paid the penalty. Many of those just that. We are taking on the big ing together on solutions. On the En- people who paid the penalty were able pharmaceutical companies and their ergy and Commerce Committee on to find a plan that was affordable lobbyists, and we are going to get the which I sit, as well, we passed three through the Tennessee Farm Bureau or job done. drug pricing bills with overwhelming the Christian sharing ministries. That is why I am proud that my leg- bipartisan support: The CREATES Act, I have said it before and I will say it islation, the CREATES Act, is included the Protecting Consumer Access to Ge- again: ObamaCare is a good deal for in this legislative package. The CRE- neric Drugs Act, and the Bringing Low- you if you get a subsidy, of which ATES Act will save taxpayers $3.9 bil- cost Options and Competition while

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.039 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3866 CONGRESSIONAL RECORD — HOUSE May 16, 2019 Keeping Incentives for New Generics cracking down on junk plans into tending Medicaid coverage to many low-in- Act. These bills would foster greater strengthening healthcare, which will come individuals and providing Marketplace competition and help bring generic fund about 500,000 additional enrollees subsidies for individuals below 400 percent, of drugs to market as soon as possible and into non-group coverage and Medicaid. poverty. at more affordable prices. Let me say to you, in 2017, due to the The number of uninsured nonelderly Ameri- Once again, they all had bipartisan direct interference by the Trump ad- cans decreased from over 44 million in 2013, support. They were bills that were good ministration, the number of uninsured the year before major provisions of the ACA bills. people increased by 700,000, the first in- went into effect, to just below 27 million in Unfortunately, the Democrats turned crease since implementation of the Af- 2016. this bipartisan issue into a political fordable Care Act. Unfortunately, the Trump Administration has football by adding several partisan pro- I know full well that Texas, which is been doing all that it can to undermine the visions to this bill package, and they the number one State in the number of ACA and deny deserving Americans access to let down everyone that they have uninsured, is experiencing the devasta- affordable health insurance. talked about today who needs afford- tion of not having the expanded Med- In 2017, due to direct interference by the able prescription drugs. They are cost- icaid and the Affordable Care Act at its Trump Administration the number of uninsured ly provisions that bail out failed fullest. people increased by nearly 700,000 people, ObamaCare programs and strip away We had a roundtable discussion with the first increase since implementation of the affordable healthcare options for fami- people who experience diabetes. Insulin ACA. One of the most difficult challenges are the lies. is going through the roof. These people hurdles to healthcare created by lack of health The Democrats also rejected a num- are suffering. The average uninsured insurance and the expense of prescription ber of commonsense amendments, in- resident in my congressional district cluding one I offered to protect ex- medication. pays 23 times more for a form of insu- In 2017, private health insurance coverage panded access to association health lin than people living in Australia, 15 plans. These association health plans continued to be more prevalent than govern- times more than they would in the ment coverage, at 67.2 percent and 37.7 per- give more affordable options to work- United Kingdom, and 13 times more ers and small businesses to purchase cent, respectively. than they would in Canada. Of the subtypes of health insurance cov- healthcare that fits their needs. We Let’s protect those with preexisting should be encouraging these options, erage, employer-based insurance was the conditions, and let’s pass this bill to most common, covering 56 percent of the not removing them. bring down these drugs and save the But most of all, today should be a population for some or all of the calendar lives of our constituents. moment of bipartisanship, a moment of year, followed by Medicaid (19.3 percent), Mr. Chair, I rise in strong support of H.R. meaningful results. We had an oppor- Medicare (17.2 percent), direct-purchase cov- 987, the Strengthening Health Care and Low- tunity to get something done today on erage (16.0 percent), and military coverage behalf of our constituents who are ering Prescription Drug Cost Act. (4.8 percent). This is an omnibus bill that includes the: struggling with skyrocketing costs of Unfortunately, the state of Texas remains H.R. 938, The BLOCKING (Bringing Low- prescription drugs. Instead, politics got the state with the most uninsured persons at Cost Options and Competition While Keeping in the way and we missed that oppor- 17 percent because it refuses to accept fed- Incentives for New Generics) Act; tunity. eral Medicaid funding to cover the poorest The American people deserve better H.R. 1499, Protecting Consumer Access to residents of the state. than that, and I think most of us are Generic Drugs of 2019; According to the Kaiser Family Foundation, better than that. We stand ready to H.R. 965, The CREATES (Creating and Re- one in four people taking prescription drugs work on lowering prescription drug storing Equal Access to Equivalent Samples) report difficulty affording their medication. In 2017, diabetes contributed to the death of costs. Act; and I hope our colleagues on the other H.R. 1010, Rescinding Trump Administra- 277,000 Americans—and was the primary side of the aisle will talk to their lead- tion’s Final Rule Promoting Junk Insurance cause of death for 85,000 of those individuals. That same year diagnosed diabetes cost the ership and put politics aside and join Plans. United States an estimated $327 billion—in- us in that effort. I believe we and they This omnibus bill invests most of the sav- cluding $237 billion in direct medical costs and are better than that and that, by ings of $13.8 billion created by its cracking $90 billion in productivity losses. standing up to leadership that wants to down on junk plans into strengthening health care, which will fund about 500,000 additional Diabetes drugs, including insulin and oral make it political, if they do that, we medications that regulate blood sugar levels, can get this done. I stand ready to enrollees in nongroup coverage and Medicaid. Health care should be a fundamental right play a critical role in helping people with dia- work. betes manage their condition and reduce the I hate to do this, Mr. Chairman. I for all Americans. This is why I introduced the Breath of Fresh risk of diabetes-related health complications. want to keep talking about this and After the Democrats took control of the get a solution, but my time is up. Air Act, which establishes a Department of Education grant program to be used by local House in January we got to work on a report Mr. SCOTT of Virginia. Mr. Chair- on the high cost of insulin and we determined man, I yield 11⁄2 minutes to the gentle- education agencies for the purchase of nebulizers for use in elementary and sec- that the Americans with diabetes are in crisis. woman from Texas (Ms. JACKSON LEE). Insulin—used by approximately 7.5 million ondary schools and secured passage of Ms. JACKSON LEE. Mr. Chairman, I Americans to treat their diabetes—was discov- Amendments to the Commerce Justice State am pleased to rise and support, enthu- ered nearly a century ago by Canadian re- spending bills that preserve and expand upon siastically, H.R. 987, the Strengthening searchers Frederick Banting, Charles Best, green spaces needed to reduce the worse Health Care and Lowering Prescription J.B. Collip, and J.J.R. Macleod, who assigned symptoms of respiratory illnesses. Drug Costs Act. their patent to the University of Toronto with Each Congress I have secured adoption of This omnibus bill combines three key the goal of making the medication widely amendments to Department of Defense Ap- bills to lower drug costs by promoting available. generic competition—long overdue— propriations and Authorization Bills that in- The researchers charged $3.00 to transfer and four key bills to strengthen crease funding for triple negative breast can- ownership of insulin to the University of To- healthcare, reverse the GOP sabotage, cer research and treatment. ronto. and rescind the Trump administra- I am an original sponsor of H.R. 366, the In- Even though analog insulin has been on the tion’s devastating junk plan rule. sulin Access for All Act of 2019, which ad- market for nearly 30 years, it has no meaning- I know full well what happens when dresses the extreme financial hardship most ful generic competition. individuals are impacted by junk plans, vulnerable Americans face and too many may Over the past two decades, manufacturers and they don’t have the courage they face untimely deaths due to insulin rationing. have systematically and dramatically raised need. I encourage my good friends on Last month, I held a forum in my Congres- the prices of their insulin products by more the other side of the aisle to drop poli- sional district in Houston Texas that engaged than tenfold—often in lockstep. tics and join with us to pass this legis- physicians, patients, public health officials in a These prices dwarf manufacturing costs. lation. discussion about the high cost of insulin. One study found manufacturers could This omnibus bill invests most of the The Affordable Care Act (ACA) led to his- charge as little as $7 to $11 per month for in- savings of $13.8 billion created by its toric gains in health insurance coverage by ex- sulin and still make a profit.

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\K16MY7.041 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3867 In recent years, the high prices of diabetes short-term limited duration insurance for medication, or do I purchase food, drugs have placed a tremendous strain on dia- provision. or school fees, or transportation to and betes patients as well as the federal govern- Now, these are a good thing, and they from work? ment, which provides diabetes medications to have been good for Idaho. Idaho has While my home State of New York more than 43 million Medicare beneficiaries. been one of the States that has been has banned the sale of short-term Reva Verma, is a type 1 diabetic who faces leading on this front. health insurance plans, they are legal firsthand the struggles of managing diabetes Mr. Chairman, before the Affordable in other states and often do not provide in an era of skyrocketing insulin prices. Care Act, the average premium in our a comprehensive level of healthcare in- Diabetes is a life-threatening disease that State was $1,915. After the Affordable surance and coverage in the event of an disproportionately affects communities of Care Act, that premium average went emergency. color. to $5,267. And that is, from what I un- Mr. Chairman, let’s do the right Diabetes is associated with serious health derstand, not unlike what has hap- thing and enact legislation that will problems, including heart disease and stroke, pened in other States, because the lower the skyrocketing cost of pre- kidney failure, and blindness. young and the healthy left the plans. scription drugs and give protections to There are 15,000 Medicare beneficiaries in That left the older, less healthy who the consumers of health insurance cov- the Eighteenth Congressional District who were remaining in those plans, and it erage, lifting the burden of access and affordability from the American peo- have been diagnosed with diabetes. has driven those costs up. ple. These individuals are my constituents and I The younger and the more healthy Ms. FOXX of North Carolina. Mr. know that on average, each of them pay 4.8 have gone out of the plan altogether or Chairman, I reserve the balance of my times the cost of similar medication in Aus- they have joined a Medi-Share. But the time. tralia, 3.6 times the cost in the United King- point is that it has driven those num- Mr. SCOTT of Virginia. Mr. Chair- dom, and 2.6 times the cost in Canada. bers up significantly. man, I yield 11⁄2 minutes to the gentle- Additionally, in the Eighteenth Congres- In my State, the legislature passed a woman from Delaware (Ms. BLUNT sional District, there are 191,000 uninsured 3-year provision for short-term plans, ROCHESTER). residents in this district and, because they lack and it is good for everyone. If you are Ms. BLUNT ROCHESTER. Mr. Chair- insurance, they often pay significantly more in between those jobs or if you are in man, I thank the gentleman from Vir- than their insured counterpart, or any patient between coverage for some reason or ginia (Mr. SCOTT), the chairman of the overseas. you need to maintain continuity committee. The average uninsured resident in my con- among the plans, it allows for that. According to the Merriam-Webster gressional district pays 23 more times for a Mr. Chairman, I have heard a couple Dictionary, ‘‘sabotage’’ is, an act or form of insulin than people living in Australia, of times these referred to as junk. If process intended to hurt or hamper. 15 more times than they would in the United they were junk, there wouldn’t be such I am a person who is really particular Kingdom, and 13 more times than they would demand for it. I would reframe that ar- about words, and I have heard this in Canada. gument to say that junk would be bet- word used a lot. And when I look at The consequences of these staggering ter described to the system that has what has happened to the Affordable costs are not benign. driven those prices up from $1,915 to Care Act over the past few years, the Many patients often speak of having to $5,267. We want to draw that younger administration has slashed the enroll- make heart-wrenching decisions about what to constituency into those plans. Every- ment period, we scrubbed the ACA buy with the commonly fixed incomes attend- one wins. We all win when that is the from government websites, we have cut ant to seniors. case. in-person assistance, and eliminated Many medical professionals indicate that the Mr. Chairman, again, H.R. 987 strikes almost all of the educational outreach high prices for prescription drugs are a func- that provision, and for that reason, I for the open enrollment period. tion of a lack of competition, and authorizing will oppose it, and I ask my colleagues All of the administration’s actions Medicare to create a program to negotiate to do the same. were intended to deliberately damage drug prices may be an estimable way to lower the ACA and hamper American’s access b 1430 the cost of prescription drugs. to affordable, quality healthcare. All told this reflects a disturbing trend: in our Mr. SCOTT of Virginia. Mr. Chair- I don’t question people’s motivations. country, the cost of branded drugs tends to go man, I yield 11⁄2 minutes to the gentle- I think we all want the same thing. We up, whereas in other countries, the costs tend woman from New York (Ms. CLARKE). all want healthcare for Americans. to go down. Ms. CLARKE of New York. Mr. But this bill, H.R. 987, is intended to These high prices lead many people to ra- Chairman, I would like to, first of all, do two things. Number one, lower the tion or stop taking their medications, which thank the gentlewoman from Delaware cost of prescription drugs, and number can result in serious health complications and (Ms. BLUNT ROCHESTER) for introducing two, strengthen this historic legisla- even death, as the Energy and Commerce this very important legislation, and tion, the ACA. Today, we have an opportunity to re- Committee heard in direct testimony earlier thank Chairman SCOTT for yielding me verse the administration’s relentless this year. time and for his leadership and support sabotage of the healthcare system and The prices of diabetes medications—and in- in continuing to provide access to qual- lower prescription drug prices. And as I sulin in particular—are far higher in the United ity healthcare for working families. think about individuals in my State, I States than they are overseas, in part be- As vice chair of the House Committee think about a woman who came to me cause certain federal programs lack the au- on Energy and Commerce, I am happy to stand with my colleagues on the crying because of the cost of her pre- thority to negotiate directly with drug manufac- scription drugs. Education and Labor Committee to turers. Every one of us in here wants to see urge my colleagues to support the The Democratic majority came into office something happen. Today, we have the with a promise to the American people, to Strengthening Healthcare and Low- opportunity to make that happen. make sure that they had affordable and de- ering Prescription Drug Costs Act. Mr. Chairman, I urge my colleagues pendable healthcare. While H.R. 987 is not a panacea to the to support H.R. 987. Today, we are delivering on that promise, many challenges that we face in our Ms. FOXX of North Carolina. Mr. not just for persons with diabetes but for all Nation’s healthcare delivery system, it Chairman, I reserve the balance of my Americans who have pre-existing conditions is sound legislation that will reduce time. that require medication management. drug pricing and increase market com- Mr. SCOTT of Virginia. Mr. Chair- Ms. FOXX of North Carolina. Mr. petition to bring generic drugs to the man, I yield 21⁄2 minutes to the gentle- Chairman, I yield 3 minutes to the gen- market sooner. woman from Florida (Ms. SHALALA). tleman from Idaho (Mr. FULCHER). It improves the lives of Americans by Ms. SHALALA. Mr. Chairman, this Mr. FULCHER. Mr. Chair, I rise in lowering the cost of premiums and out- amendment expresses the sense of Con- opposition to H.R. 987, as well, for a of-pocket expenses and that presents gress that the secretary should not do number of reasons; but one in par- real financial hardships to Americans anything that prohibits State insur- ticular that has been raised already is who have to struggle with limited re- ance commissioners from allowing for the provision that it terminates the sources and ask themselves, Do I pay so-called silver loading.

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.010 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3868 CONGRESSIONAL RECORD — HOUSE May 16, 2019 Let me walk you through how we got The Acting CHAIR. The gentleman up our health care system and bring down the to this point. Because while silver load- from Virginia has 45 seconds remain- cost of prescription drugs. ing has worked to keep costs on the ex- ing. The gentlewoman from North Today, we are making good on that promise change lower for folks who get sub- Carolina has 1 minute remaining. to the country by passing another critically-im- sidies, it has only been used because Mr. SCOTT of Virginia. Mr. Chair- portant piece of legislation. the President was actively trying to man, do I have the right to close? H.R. 987, the Strengthening Health Care kill the Affordable Care Act. The Acting CHAIR. The gentleman and Prescription Drugs Act helps protect the In 2017, the President decided to stop enjoys the right to close. Affordable Care Act from the sabotage of the reimbursing health insurance compa- Mr. SCOTT of Virginia. Mr. Chair- Trump Administration. nies for what are called cost-sharing man, I am ready to close, and I reserve In particular, this bill bans the use of ‘‘junk’’ reductions, or CSRs. the balance of my time. CSRs are payments that health in- health care plans that harm people with pre- Ms. FOXX of North Carolina. Mr. existing conditions; it also helps provide states surance companies are required to Chairman, I yield myself the balance of make to help low- and moderate-in- with more resources to increase health care my time. coverage. come people afford healthcare. Mr. Chairman, Republicans predicted Under the Affordable Care Act, the all the bad things that have resulted Second, this legislation helps increase ge- health insurance companies must help from the so-called Affordable Care Act. neric prescription drug competition which will people that have more affordable, and, It has not been affordable and has actu- help bring down prices for patients. possibly, no co-pays or deductibles. ally increased the cost of health insur- In particular, this legislation includes a bill The Federal Government was sup- that I cosponsored that makes it illegal for pre- posed to reimburse insurance providers ance and care. Unfortunately, our colleagues are so scription drug manufacturers to use a practice for making these payments; however, called ‘‘pay-for-delay.’’ This anti-competitive in October of 2017, the administration invested in supporting this legislation that they blame Republicans for its practice delays generic manufacturers from stopped making these payments. bringing cheaper drugs to market. This bill will This was a deliberate attempt to failure. The legislation has failed because it prohibit this practice and help increase drug make health insurance on the exchange competition. unaffordable, and undermine, weaken, is hopelessly flawed and cannot be and attack the Affordable Care Act. fixed. This bill will not solve every problem ailing In response to this, States let health Mr. Chairman, the piece of legisla- our health care system, nor will it immediately insurance plans do what is now called tion before us, as I said earlier, is a fix our prescription drug prices problems. silver loading. State insurance regu- choice-limited, freedom-limiting bill, But the American people deserve these lators, in a desperate and creative at- and should not pass. needed reforms without delay. This bill’s pas- tempt to stabilize the insurance mar- I would also like to make one more sage today will help us build additional policies ketplaces, allowed insurance compa- observation. to shore up our health care system and further nies to bill the unpaid CSR costs into My colleagues have made repeated bring down the cost of prescription drugs. I en- their silver plans on the exchange. This references to junk plans. Every time courage all of my colleagues to support it. was a very creative attempt to sta- they do that, they are insulting the Ms. BLUNT ROCHESTER. Mr. Chair, I bilize the insurance market. person who has chosen that plan for would like to revise my remarks made during This wasn’t the solution that anyone one reason or another due to individual general debate of the underlying measure, wanted, but it is a solution that has circumstances or preferences. H.R. 987. In my remarks, I stated that the worked and has created some stability Just because a product isn’t some- marketing and outreach provision under Title II and predictability in the insurance thing I would buy, or you would buy, of H.R. 987 would increase enrollment into market in the face of an administra- does that make it junk? No. health plans by five million over the ten year tion that seeks chaos. Dismissing less expensive and more period as estimated by the Congressional Because the tax credits are flexible health plans as junk isn’t tak- Budget Office. Due to the methodology adopt- benchmarked to the silver plan, silver ing up for anyone, it is actually put- ed by the Congressional Budget Office to esti- loading has meant that most who re- ting them down. mate the enrollment effect of the underlying ceive subsidies did not see an increase That is not the way we should be in measure, the figure is more appropriately rep- in their health insurance premiums. this country. resented as increasing enrollment by about In fact, new data shows that 2.6 mil- Mr. Chairman, I yield back the bal- 500,000 each year over the ten year period. lion healthcare.gov consumers are now ance of my time. The Acting CHAIR. All time for gen- paying lower premiums as a result of Mr. SCOTT of Virginia. Mr. Chair- eral debate has expired. silver loading. man, I yield myself the balance of my States that allowed for silver loading In lieu of the amendment in the na- time. ture of a substitute recommended by as a way to cope with the manufac- Mr. Chairman, I just want to say a tured chaos that the administration the Committee on Energy and Com- final word about these junk plans. merce, printed in the bill, an amend- tried to inflict on the market, actually The problem with them is that you saw an increase in enrollment in the ment in the nature of a substitute con- allow them to screen for preexisting sisting of the text of the Rules Com- exchanges. conditions and have lower benefits. The Acting CHAIR. The time of the mittee Print 116–14, shall be considered That might be a good idea for the per- gentlewoman has expired. as adopted and shall be considered as Mr. SCOTT of Virginia. Mr. Chair- son buying the plan, but what happens an original bill for purpose of further man, I yield an additional 30 seconds to is under the Affordable Care Act every- amendment under the 5-minute rule. the gentlewoman from Florida. body pays an average. If you let The bill, as amended, shall be consid- Ms. SHALALA. Mr. Chairman, the healthy people buy these junk plans, ered as read. administration must stop trying to everybody else’s premium will go up. The text of the bill, as amended, is as This sabotage has been estimated sabotage the Affordable Care Act. follows: My amendment expresses that it is with this and the other sabotage, thou- H.R. 987 the sense of Congress that the sec- sands of dollars more for everybody retary of Health and Human Services else left behind. Be it enacted by the Senate and House of Rep- shall not do anything to prohibit the So I rise today in support of the bill, resentatives of the United States of America in Congress assembled, use of silver loading, a program de- which will improve access to quality signed by the States to stabilize the health coverage, protect the Affordable SECTION 1. SHORT TITLE. health insurance marketplace. Care Act and cut prescription drugs This Act may be cited as the ‘‘Strengthening Ms. FOXX of North Carolina. Mr. cost. Health Care and Lowering Prescription Drug Chairman, I continue to reserve the Mr. Chairman, I yield back the bal- Costs Act’’. balance of my time. ance of my time. SEC. 2. TABLE OF CONTENTS. Mr. SCOTT of Virginia. Mr. Chair- Mr. CARSON of Indiana. Mr. Chair, last No- The table of contents of this Act is as follows: man, may I inquire as to how much vember, the American people elected us to Sec. 1. Short title. time each side has remaining. this body because of the urgent need to shore Sec. 2. Table of contents.

VerDate Sep 11 2014 05:49 May 17, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 6343 E:\CR\FM\K16MY7.043 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3869 TITLE I—LOWERING PRESCRIPTION DRUG NDA or BLA holder and a subsequent filer (or (i) such review may only be obtained in— COSTS for two subsequent filers) to enter into, or carry (I) the United States Court of Appeals for the Subtitle A—Bringing Low-cost Options and out, an agreement resolving or settling a covered District of Columbia Circuit; Competition While Keeping Incentives for New patent infringement claim on a final or interim (II) the United States Court of Appeals for the Generics basis if under such agreement— circuit in which the ultimate parent entity, as (1) a subsequent filer directly or indirectly re- defined in section 801.1(a)(3) of title 16, Code of Sec. 101. Change conditions of first generic ex- ceives from such holder (or in the case of such Federal Regulations, or any successor thereto, clusivity to spur access and com- an agreement between two subsequent filers, the of the NDA or BLA holder (if any such holder petition. other subsequent filer) anything of value, in- is a party to such order) is incorporated as of Subtitle B—Protecting Consumer Access to cluding a license; and the date that the application described in sub- Generic Drugs (2) the subsequent filer agrees to limit or fore- paragraph (A) or (B) of subsection (g)(8) or an Sec. 111. Unlawful agreements. go research on, or development, manufacturing, approved application that is deemed to be a li- Sec. 112. Notice and certification of agreements. marketing, or sales, for any period of time, of cense for a biological product under section Sec. 113. Forfeiture of 180-day exclusivity pe- the covered product that is the subject of the ap- 351(k) of the Public Health Service Act (42 riod. plication described in subparagraph (A) or (B) U.S.C. 262(k)) pursuant to section 7002(e)(4) of Sec. 114. Commission litigation authority. of subsection (g)(8). the Biologics Price Competition and Innovation Sec. 115. Statute of limitations. (b) EXCLUSION.—It shall not be unlawful Act of 2009 (Public Law 111–148; 124 Stat. 817) is Subtitle C—Creating and Restoring Equal under subsection (a) if a party to an agreement submitted to the Commissioner of Food and Access to Equivalent Samples described in such subsection demonstrates by Drugs; or clear and convincing evidence that the value de- (III) the United States Court of Appeals for Sec. 121. Actions for delays of generic drugs scribed in subsection (a)(1) is compensation sole- the circuit in which the ultimate parent entity, and biosimilar biological products. ly for other goods or services that the subse- as so defined, of any subsequent filer that is a Sec. 122. REMS approval process for subsequent quent filer has promised to provide. party to such order is incorporated as of the filers. (c) LIMITATION.—Nothing in this section shall Sec. 123. Rule of construction. date that the application described in subpara- prohibit an agreement resolving or settling a graph (A) or (B) of subsection (g)(8) is submitted TITLE II—HEALTH INSURANCE MARKET covered patent infringement claim in which the to the Commissioner of Food and Drugs; and STABILIZATION consideration granted by the NDA or BLA hold- (ii) the petition for review shall be filed in the Sec. 201. Preserving State option to implement er to the subsequent filer (or from one subse- court not later than 30 days after such order is health care marketplaces. quent filer to another) as part of the resolution served on the party seeking review. Sec. 202. Providing for additional requirements or settlement includes only one or more of the (3) ADDITIONAL ENFORCEMENT AUTHORITY.— with respect to the navigator pro- following: (A) CIVIL PENALTY.—The Commission may gram. (1) The right to market the covered product commence a civil action to recover a civil pen- Sec. 203. Federal Exchange outreach and edu- that is the subject of the application described alty in a district court of the United States cational activities. in subparagraph (A) or (B) of subsection (g)(8) against any NDA or BLA holder or subsequent Sec. 204. Short-term limited duration insurance in the United States before the expiration of— filer that violates this section. rule prohibition. (A) any patent that is the basis of the covered (B) SPECIAL RULE FOR RECOVERY OF PENALTY patent infringement claim; or TITLE III—BUDGETARY EFFECTS IF CEASE AND DESIST ORDER ISSUED.— (B) any patent right or other statutory exclu- (i) IN GENERAL.—If the Commission has issued Sec. 301. Determination of budgetary effects. sivity that would prevent the marketing of such a cease and desist order in a proceeding under TITLE I—LOWERING PRESCRIPTION DRUG covered product. section 5 of the Federal Trade Commission Act (2) A payment for reasonable litigation ex- COSTS (15 U.S.C. 45) for violation of this section— penses not to exceed $7,500,000 in the aggregate. (I) the Commission may commence a civil ac- Subtitle A—Bringing Low-cost Options and (3) A covenant not to sue on any claim that tion under subparagraph (A) to recover a civil Competition While Keeping Incentives for such covered product infringes a patent. penalty against any party to such order at any New Generics (d) ENFORCEMENT BY FEDERAL TRADE COM- time before the expiration of the 1-year period SEC. 101. CHANGE CONDITIONS OF FIRST GE- MISSION.— NERIC EXCLUSIVITY TO SPUR AC- (1) GENERAL APPLICATION.—The requirements beginning on the date on which such order be- CESS AND COMPETITION. of this section apply, according to their terms, to comes final under section 5(g) of such Act (15 Section 505(j)(5)(B)(iv) of the Federal Food, an NDA or BLA holder or subsequent filer that U.S.C. 45(g)); and Drug, and Cosmetic Act (21 U.S.C. is— (II) in such civil action, the findings of the 355(j)(5)(B)(iv)) is amended— (A) a person, partnership, or corporation over Commission as to the material facts in such pro- (1) in subclause (I), by striking ‘‘180 days which the Commission has authority pursuant ceeding shall be conclusive, unless— after’’ and all that follows through the period at to section 5(a)(2) of the Federal Trade Commis- (aa) the terms of such order expressly provide the end and inserting the following: ‘‘180 days sion Act (15 U.S.C. 45(a)(2)); or that the Commission’s findings shall not be con- after the earlier of— (B) a person, partnership, or corporation over clusive; or ‘‘(aa) the date of the first commercial mar- which the Commission would have authority (bb) such order became final by reason of sec- keting of the drug (including the commercial pursuant to such section but for the fact that tion 5(g)(1) of such Act (15 U.S.C. 45(g)(1)), in marketing of the listed drug) by any first appli- such person, partnership, or corporation is not which case such findings shall be conclusive if cant; or organized to carry on business for its own profit supported by evidence. ‘‘(bb) the applicable date specified in sub- or that of its members. (ii) RELATIONSHIP TO PENALTY FOR VIOLATION clause (III).’’; and (2) UNFAIR OR DECEPTIVE ACTS OR PRACTICES OF AN ORDER.—The penalty provided in clause (2) by adding at the end the following new ENFORCEMENT AUTHORITY.— (i) for violation of this section is separate from subclause: (A) IN GENERAL.—A violation of this section and in addition to any penalty that may be in- ‘‘(III) APPLICABLE DATE.—The applicable date shall be treated as an unfair or deceptive act or curred for violation of an order of the Commis- specified in this subclause, with respect to an practice in violation of section 5(a)(1) of the sion under section 5(l) of the Federal Trade application for a drug described in subclause Federal Trade Commission Act (15 U.S.C. Commission Act (15 U.S.C. 45(l)). (I), is the date on which each of the following 45(a)(1)). (C) AMOUNT OF PENALTY.— conditions is first met: (B) POWERS OF COMMISSION.—Except as pro- (i) IN GENERAL.—The amount of a civil pen- ‘‘(aa) The approval of such an application vided in subparagraph (C) and paragraphs alty imposed in a civil action under subpara- could be made effective, but for the eligibility of (1)(B) and (3)— graph (A) on a party to an agreement described a first applicant for 180-day exclusivity under (i) the Commission shall enforce this section in in subsection (a) shall be sufficient to deter vio- this clause. the same manner, by the same means, and with lations of this section, but in no event greater ‘‘(bb) At least 30 months have passed since the the same jurisdiction, powers, and duties as than— date of submission of an application for the though all applicable terms and provisions of (I) if such party is the NDA or BLA holder drug by at least one first applicant. the Federal Trade Commission Act (15 U.S.C. 41 (or, in the case of an agreement between two ‘‘(cc) Approval of an application for the drug et seq.) were incorporated into and made a part subsequent filers, the subsequent filer who gave submitted by at least one first applicant is not of this section; and the value described in subsection (a)(1)), the precluded under clause (iii). (ii) any NDA or BLA holder or subsequent greater of— ‘‘(dd) No application for the drug submitted filer that violates this section shall be subject to (aa) 3 times the value received by such NDA by any first applicant is approved at the time the penalties and entitled to the privileges and or BLA holder (or by such subsequent filer) that the conditions under items (aa), (bb), and (cc) immunities provided in the Federal Trade Com- is reasonably attributable to the violation of this are all met, regardless of whether such an appli- mission Act. section; or cation is subsequently approved.’’. (C) JUDICIAL REVIEW.—In the case of a cease (bb) 3 times the value given to the subsequent and desist order issued by the Commission under filer (or to the other subsequent filer) reasonably Subtitle B—Protecting Consumer Access to section 5 of the Federal Trade Commission Act attributable to the violation of this section; and Generic Drugs (15 U.S.C. 45) for violation of this section, a (II) if such party is the subsequent filer (or, in SEC. 111. UNLAWFUL AGREEMENTS. party to such order may obtain judicial review the case of an agreement between two subse- (a) AGREEMENTS PROHIBITED.—Subject to sub- of such order as provided in such section 5, ex- quent filers, the subsequent filer who received sections (b) and (c), it shall be unlawful for an cept that— the value described in subsection (a)(1)), 3 times

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the value received by such subsequent filer that censed to, the NDA or BLA holder of the cov- (h) EFFECTIVE DATE.—This section applies is reasonably attributable to the violation of this ered product; or with respect to agreements described in sub- section. (ii) in the case of an agreement between two section (a) entered into on or after the date of (ii) FACTORS FOR CONSIDERATION.—In deter- subsequent filers, infringes any patent owned by the enactment of this Act. mining such amount, the court shall take into the subsequent filer; or SEC. 112. NOTICE AND CERTIFICATION OF AGREE- account— (B) in the case of an agreement between an MENTS. (I) the nature, circumstances, extent, and NDA or BLA holder and a subsequent filer, the (a) NOTICE OF ALL AGREEMENTS.—Section gravity of the violation; covered product to be manufactured under such 1111(7) of the Medicare Prescription Drug, Im- (II) with respect to the violator, the degree of application uses a covered product as claimed in provement, and Modernization Act of 2003 (21 culpability, any history of violations, the ability a published patent application. U.S.C. 355 note) is amended by inserting ‘‘or the to pay, any effect on the ability to continue (4) COVERED PRODUCT.—The term ‘‘covered owner of a patent for which a claim of infringe- doing business, profits earned by the NDA or product’’ means a drug (as defined in section ment could reasonably be asserted against any BLA holder (or, in the case of an agreement be- 201(g) of the Federal Food, Drug, and Cosmetic person for making, using, offering to sell, sell- tween two subsequent filers, the subsequent filer Act (21 U.S.C. 321(g))), including a biological ing, or importing into the United States a bio- who gave the value described in subsection product (as defined in section 351(i) of the Pub- logical product that is the subject of a biosimilar (a)(1)), compensation received by the subsequent lic Health Service Act (42 U.S.C. 262(i)). biological product application’’ before the period filer (or, in the case of an agreement between (5) NDA OR BLA HOLDER.—The term ‘‘NDA or at the end. two subsequent filers, the subsequent filer who BLA holder’’ means— (b) CERTIFICATION OF AGREEMENTS.—Section received the value described in subsection (A) the holder of— 1112 of such Act (21 U.S.C. 355 note) is amended (a)(1)), and the amount of commerce affected; (i) an approved new drug application filed by adding at the end the following: and under section 505(b)(1) of the Federal Food, ‘‘(d) CERTIFICATION.—The Chief Executive Of- (III) other matters that justice requires. Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) for ficer or the company official responsible for ne- (D) INJUNCTIONS AND OTHER EQUITABLE RE- a covered product; or gotiating any agreement under subsection (a) or LIEF.—In a civil action under subparagraph (A), (ii) a biologics license application filed under (b) that is required to be filed under subsection the United States district courts are empowered section 351(a) of the Public Health Service Act (c) shall, within 30 days of such filing, execute to grant mandatory injunctions and such other (42 U.S.C. 262(a)) with respect to a biological and file with the Assistant Attorney General and further equitable relief as they deem appro- product; and the Commission a certification as follows: ‘I priate. (B) a person owning or controlling enforce- declare that the following is true, correct, and (4) REMEDIES IN ADDITION.—Remedies pro- ment of the patent on— complete to the best of my knowledge: The mate- vided in this subsection are in addition to, and (i) the list published under section 505(j)(7) of rials filed with the Federal Trade Commission not in lieu of, any other remedy provided by the Federal Food, Drug, and Cosmetic Act (21 and the Department of Justice under section Federal law. U.S.C. 355(j)(7)) in connection with the applica- 1112 of the Medicare Prescription Drug, Im- (5) PRESERVATION OF AUTHORITY OF COMMIS- tion described in subparagraph (A)(i); or provement, and Modernization Act of 2003, with (ii) any list published under section 351 of the SION.—Nothing in this section shall be construed respect to the agreement referenced in this cer- Public Health Service Act (42 U.S.C. 262) com- to affect any authority of the Commission under tification— prised of patents associated with biologics li- any other provision of law. ‘‘ ‘(1) represent the complete, final, and exclu- cense applications filed under section 351(a) of (e) FEDERAL TRADE COMMISSION RULE- sive agreement between the parties; MAKING.—The Commission may, in its discre- such Act (42 U.S.C. 262(a)); or ‘‘ ‘(2) include any ancillary agreements that (C) the predecessors, subsidiaries, divisions, tion, by rule promulgated under section 553 of are contingent upon, provide a contingent con- groups, and affiliates controlled by, controlling, title 5, United States Code, exempt from this sec- dition for, were entered into within 30 days of, or under common control with any entity de- tion certain agreements described in subsection or are otherwise related to, the referenced agree- scribed in subparagraph (A) or (B) (such control (a) if the Commission finds such agreements to ment; and to be presumed by direct or indirect share own- be in furtherance of market competition and for ‘‘ ‘(3) include written descriptions of any oral ership of 50 percent or greater), as well as the li- the benefit of consumers. agreements, representations, commitments, or censees, licensors, successors, and assigns of (f) ANTITRUST LAWS.—Nothing in this section promises between the parties that are responsive each of the entities. shall modify, impair, limit, or supersede the ap- to subsection (a) or (b) of such section 1112 and (6) PATENT.—The term ‘‘patent’’ means a pat- plicability of the antitrust laws as defined in have not been reduced to writing.’.’’. subsection (a) of the first section of the Clayton ent issued by the United States Patent and Trademark Office. SEC. 113. FORFEITURE OF 180-DAY EXCLUSIVITY Act (15 U.S.C. 12(a)), and of section 5 of the PERIOD. Federal Trade Commission Act (15 U.S.C. 45) to (7) STATUTORY EXCLUSIVITY.—The term ‘‘stat- utory exclusivity’’ means those prohibitions on Section 505(j)(5)(D)(i)(V) of the Federal Food, the extent that such section 5 applies to unfair Drug, and Cosmetic Act (21 U.S.C. methods of competition. Nothing in this section the submission or approval of drug applications under clauses (ii) through (iv) of section 355(j)(5)(D)(i)(V)) is amended by inserting ‘‘sec- shall modify, impair, limit, or supersede the tion 111 of the Strengthening Health Care and right of a subsequent filer to assert claims or 505(c)(3)(E) (5- and 3-year exclusivity), clauses (ii) through (iv) of section 505(j)(5)(F) (5-year Lowering Prescription Drug Costs Act or’’ after counterclaims against any person, under the ‘‘that the agreement has violated’’. antitrust laws or other laws relating to unfair and 3-year exclusivity), section 505(j)(5)(B)(iv) competition. (180-day exclusivity), section 527 (orphan drug SEC. 114. COMMISSION LITIGATION AUTHORITY. (g) DEFINITIONS.—In this section: exclusivity), section 505A (pediatric exclusivity), Section 16(a)(2) of the Federal Trade Commis- (1) AGREEMENT RESOLVING OR SETTLING A COV- or section 505E (qualified infectious disease sion Act (15 U.S.C. 56(a)(2)) is amended— ERED PATENT INFRINGEMENT CLAIM.—The term product exclusivity) of the Federal Food, Drug, (1) in subparagraph (D), by striking ‘‘or’’ ‘‘agreement resolving or settling a covered pat- and Cosmetic Act (21 U.S.C. 355(c)(3)(E), after the semicolon; ent infringement claim’’ means any agreement 355(j)(5)(B)(iv), 355(j)(5)(F), 360cc, 355a, 355f), or (2) in subparagraph (E), by inserting ‘‘or’’ that— prohibitions on the submission or licensing of after the semicolon; and (A) resolves or settles a covered patent in- biologics license applications under section (3) by inserting after subparagraph (E) the fringement claim; or 351(k)(6) (interchangeable biological product ex- following: (B) is contingent upon, provides for a contin- clusivity) or section 351(k)(7) (biological product ‘‘(F) under section 111(d)(3)(A) of the gent condition for, or is otherwise related to the reference product exclusivity) of the Public Strengthening Health Care and Lowering Pre- resolution or settlement of a covered patent in- Health Service Act (42 U.S.C. 262(k)(6), (7)). scription Drug Costs Act;’’. fringement claim. (8) SUBSEQUENT FILER.—The term ‘‘subsequent SEC. 115. STATUTE OF LIMITATIONS. (2) COMMISSION.—The term ‘‘Commission’’ filer’’ means— (a) IN GENERAL.—Except as provided in sub- means the Federal Trade Commission. (A) in the case of a drug, a party that owns section (b), the Commission shall commence any (3) COVERED PATENT INFRINGEMENT CLAIM.— or controls an abbreviated new drug application administrative proceeding or civil action to en- The term ‘‘covered patent infringement claim’’ submitted pursuant to section 505(j) of the Fed- force section 111 of this Act not later than 6 means an allegation made by the NDA or BLA eral Food, Drug, and Cosmetic Act (21 U.S.C. years after the date on which the parties to the holder to a subsequent filer (or, in the case of 355(j)) or a new drug application submitted pur- agreement file the Notice of Agreement as pro- an agreement between two subsequent filers, by suant to section 505(b)(2) of the Federal Food, vided by section 1112(c)(2) and (d) of the Medi- one subsequent filer to another), whether or not Drug, and Cosmetic Act (21U.S.C. 355(b)(2)) and care Prescription Drug, Improvement, and Mod- included in a complaint filed with a court of filed under section 505(b)(1) of such Act (21 ernization Act of 2003 (21 U.S.C. 355 note). law, that— U.S.C. 355(b)(1)) or has the exclusive rights to (b) CIVIL ACTION AFTER ISSUANCE OF CEASE (A) the submission of the application de- distribute the covered product that is the subject AND DESIST ORDER.—If the Commission has scribed in subparagraph (A) or (B) of paragraph of such application; or issued a cease and desist order under section 5 (9), or the manufacture, use, offering for sale, (B) in the case of a biological product, a party of the Federal Trade Commission Act (15 U.S.C. sale, or importation into the United States of a that owns or controls an application filed with 45) for violation of section 111 of this Act and covered product that is the subject of such an the Food and Drug Administration under sec- the proceeding for the issuance of such order application— tion 351(k) of the Public Health Service Act (42 was commenced within the period required by (i) in the case of an agreement between an U.S.C. 262(k)) or has the exclusive rights to dis- subsection (a) of this section, such subsection NDA or BLA holder and a subsequent filer, in- tribute the biological product that is the subject does not prohibit the commencement, after such fringes any patent owned by, or exclusively li- of such application. period, of a civil action under section

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 6333 E:\CR\FM\A16MY7.005 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3871 111(d)(3)(A) against a party to such order or a (10) the term ‘‘sufficient quantities’’ means an (aa)(AA) submitted protocols, informed con- civil action under subsection (l) of such section amount of a covered product that the eligible sent documents, and informational materials for 5 for violation of such order. product developer determines allows it to— testing that include protections that provide Subtitle C—Creating and Restoring Equal (A) conduct testing to support an application safety protections comparable to those provided Access to Equivalent Samples under— by the REMS for the covered product; or (i) subsection (b)(2) or (j) of section 505 of the (BB) otherwise satisfied the Secretary that SEC. 121. ACTIONS FOR DELAYS OF GENERIC Federal Food, Drug, and Cosmetic Act (21 DRUGS AND BIOSIMILAR BIOLOGI- such protections will be provided; and U.S.C. 355); or (bb) met any other requirements the Secretary CAL PRODUCTS. (ii) section 351(k) of the Public Health Service (a) DEFINITIONS.—In this section— may establish. Act (42 U.S.C. 262(k)); and (iii) NOTICE.—A covered product authoriza- (1) the term ‘‘commercially reasonable, mar- (B) fulfill any regulatory requirements relat- ket-based terms’’ means— tion issued under this subparagraph shall state ing to approval of such an application. that the provision of the covered product by the (A) a nondiscriminatory price for the sale of (b) CIVIL ACTION FOR FAILURE TO PROVIDE license holder under the terms of the authoriza- the covered product at or below, but not greater SUFFICIENT QUANTITIES OF A COVERED PROD- tion will not be a violation of the REMS for the than, the most recent wholesale acquisition cost UCT.— covered product. for the drug, as defined in section 1847A(c)(6)(B) (1) IN GENERAL.—An eligible product developer of the Social Security Act (42 U.S.C. 1395w– may bring a civil action against the license (3) AFFIRMATIVE DEFENSE.—In a civil action 3a(c)(6)(B)); holder for a covered product seeking relief under brought under paragraph (1), it shall be an af- (B) a schedule for delivery that results in the this subsection in an appropriate district court firmative defense, on which the defendant has transfer of the covered product to the eligible of the United States alleging that the license the burden of persuasion by a preponderance of product developer consistent with the timing holder has declined to provide sufficient quan- the evidence— under subsection (b)(2)(A)(iv); and tities of the covered product to the eligible prod- (A) that, on the date on which the eligible (C) no additional conditions are imposed on uct developer on commercially reasonable, mar- product developer requested to purchase suffi- the sale of the covered product; ket-based terms. cient quantities of the covered product from the (2) the term ‘‘covered product’’— (2) ELEMENTS.— license holder— (A) means— (A) IN GENERAL.—To prevail in a civil action (i) neither the license holder nor any of its (i) any drug approved under subsection (c) or brought under paragraph (1), an eligible prod- agents, wholesalers, or distributors was engaged (j) of section 505 of the Federal Food, Drug, and uct developer shall prove, by a preponderance of in the manufacturing or commercial marketing Cosmetic Act (21 U.S.C. 355) or biological prod- the evidence— of the covered product; and uct licensed under subsection (a) or (k) of sec- (i) that— (ii) neither the license holder nor any of its tion 351 of the Public Health Service Act (42 (I) the covered product is not subject to a agents, wholesalers, or distributors otherwise U.S.C. 262); REMS with ETASU; or had access to inventory of the covered product (ii) any combination of a drug or biological (II) if the covered product is subject to a to supply to the eligible product developer on product described in clause (i); or REMS with ETASU— commercially reasonable, market-based terms; (iii) when reasonably necessary to support ap- (aa) the eligible product developer has ob- (B) that— proval of an application under section 505 of the tained a covered product authorization from the (i) the license holder sells the covered product Federal Food, Drug, and Cosmetic Act (21 Secretary in accordance with subparagraph (B); through agents, distributors, or wholesalers; U.S.C. 355), or section 351 of the Public Health and (ii) the license holder has placed no restric- Service Act (42 U.S.C. 262), as applicable, or (bb) the eligible product developer has pro- tions, explicit or implicit, on its agents, distribu- otherwise meet the requirements for approval vided a copy of the covered product authoriza- tors, or wholesalers to sell covered products to under either such section, any product, includ- tion to the license holder; eligible product developers; and ing any device, that is marketed or intended for (ii) that, as of the date on which the civil ac- (iii) the covered product can be purchased by use with such a drug or biological product; and tion is filed, the product developer has not ob- the eligible product developer in sufficient quan- (B) does not include any drug or biological tained sufficient quantities of the covered prod- tities on commercially reasonable, market-based product that appears on the drug shortage list uct on commercially reasonable, market-based terms from the agents, distributors, or whole- in effect under section 506E of the Federal Food, terms; salers of the license holder; or (iii) that the eligible product developer has re- Drug, and Cosmetic Act (21 U.S.C. 356e), un- (C) that the license holder made an offer to quested to purchase sufficient quantities of the less— sell sufficient quantities of the covered product (i) the drug or biological product has been on covered product from the license holder; and to the eligible product developer at commercially (iv) that the license holder has not delivered the drug shortage list in effect under such sec- reasonable market-based terms— to the eligible product developer sufficient quan- tion 506E continuously for more than 6 months; (i) for a covered product that is not subject to tities of the covered product on commercially or a REMS with ETASU, by the date that is 14 reasonable, market-based terms— (ii) the Secretary determines that inclusion of days after the date on which the license holder (I) for a covered product that is not subject to the drug or biological product as a covered prod- received the request for the covered product, a REMS with ETASU, by the date that is 31 uct is likely to contribute to alleviating or pre- and the eligible product developer did not accept days after the date on which the license holder venting a shortage. such offer by the date that is 7 days after the received the request for the covered product; (3) the term ‘‘device’’ has the meaning given date on which the eligible product developer re- and the term in section 201 of the Federal Food, (II) for a covered product that is subject to a ceived such offer from the license holder; or (ii) for a covered product that is subject to a Drug, and Cosmetic Act (21 U.S.C. 321); REMS with ETASU, by 31 days after the later (4) the term ‘‘eligible product developer’’ REMS with ETASU, by the date that is 20 days of— means a person that seeks to develop a product (aa) the date on which the license holder re- after the date on which the license holder re- for approval pursuant to an application for ap- ceived the request for the covered product; or ceived the request for the covered product, and proval under subsection (b)(2) or (j) of section (bb) the date on which the license holder re- the eligible product developer did not accept 505 of the Federal Food, Drug, and Cosmetic Act ceived a copy of the covered product authoriza- such offer by the date that is 10 days after the (21 U.S.C. 355) or for licensing pursuant to an tion issued by the Secretary in accordance with date on which the eligible product developer re- application under section 351(k) of the Public subparagraph (B). ceived such offer from the license holder. Health Service Act (42 U.S.C. 262(k)); (B) AUTHORIZATION FOR COVERED PRODUCT (4) METHODS FOR TRANSMISSION OF REQUESTS (5) the term ‘‘license holder’’ means the holder SUBJECT TO A REMS WITH ETASU.— FOR COVERED PRODUCTS.—A written request for of an application approved under subsection (c) (i) REQUEST.—An eligible product developer a covered product, offer to sell a covered prod- or (j) of section 505 of the Federal Food, Drug, may submit to the Secretary a written request uct, or acceptance of such an offer between the and Cosmetic Act (21 U.S.C. 355) or the holder of for the eligible product developer to be author- eligible product developer and the license holder a license under subsection (a) or (k) of section ized to obtain sufficient quantities of an indi- shall be made by— 351 of the Public Health Service Act (42 U.S.C. vidual covered product subject to a REMS with (A) certified or registered mail with return re- 262) for a covered product; ETASU. ceipt requested; (6) the term ‘‘REMS’’ means a risk evaluation (ii) AUTHORIZATION.—Not later than 120 days (B) personal delivery; or and mitigation strategy under section 505–1 of after the date on which a request under clause (C) electronic means. the Federal Food, Drug, and Cosmetic Act (21 (i) is received, the Secretary shall, by written (5) REMEDIES.— U.S.C. 355–1); notice, authorize the eligible product developer (A) IN GENERAL.—If an eligible product devel- (7) the term ‘‘REMS with ETASU’’ means a to obtain sufficient quantities of an individual oper prevails in a civil action brought under REMS that contains elements to assure safe use covered product subject to a REMS with ETASU paragraph (1), the court shall— under section 505–1(f) of the Federal Food, for purposes of— (i) order the license holder to provide to the el- Drug, and Cosmetic Act (21 U.S.C. 355–1(f)); (I) development and testing that does not in- igible product developer without delay sufficient (8) the term ‘‘Secretary’’ means the Secretary volve human clinical trials, if the eligible prod- quantities of the covered product on commer- of Health and Human Services; uct developer has agreed to comply with any cially reasonable, market-based terms; (9) the term ‘‘single, shared system of elements conditions the Secretary determines necessary; (ii) award to the eligible product developer to assure safe use’’ means a single, shared sys- or reasonable attorney’s fees and costs of the civil tem of elements to assure safe use under section (II) development and testing that involves action; and 505–1(f) of the Federal Food, Drug, and Cos- human clinical trials, if the eligible product de- (iii) award to the eligible product developer a metic Act (21 U.S.C. 355–1(f)); and veloper has— monetary amount sufficient to deter the license

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 6333 E:\CR\FM\A16MY7.005 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3872 CONGRESSIONAL RECORD — HOUSE May 16, 2019 holder from failing to provide eligible product ‘‘(iii) accommodate different, comparable as- $200,000,000 to award grants to eligible States for developers with sufficient quantities of a cov- pects of the elements to assure safe use for a the uses described in paragraph (3). ered product on commercially reasonable, mar- drug that is the subject of an application under ‘‘(B) DURATION AND RENEWABILITY.—A grant ket-based terms, if the court finds, by a prepon- section 505(j), and the applicable listed drug.’’; awarded under subparagraph (A) shall be for a derance of the evidence— (2) in subsection (i)(1), by striking subpara- period of two years and may not be renewed. (I) that the license holder delayed providing graph (C) and inserting the following: ‘‘(C) LIMITATION.—A grant may not be award- sufficient quantities of the covered product to ‘‘(C)(i) Elements to assure safe use, if required ed under subparagraph (A) after December 31, the eligible product developer without a legiti- under subsection (f) for the listed drug, which, 2022. mate business justification; or subject to clause (ii), for a drug that is the sub- ‘‘(D) ELIGIBLE STATE DEFINED.—For purposes (II) that the license holder failed to comply ject of an application under section 505(j) may of this paragraph, the term ‘eligible State’ with an order issued under clause (i). use— means a State that, as of the date of the enact- (B) MAXIMUM MONETARY AMOUNT.—A mone- ‘‘(I) a single, shared system with the listed ment of this paragraph, is not operating an Ex- tary amount awarded under subparagraph drug under subsection (f); or change (other than an Exchange described in (A)(iii) shall not be greater than the revenue ‘‘(II) a different, comparable aspect of the ele- section 155.200(f) of title 45, Code of Federal that the license holder earned on the covered ments to assure safe use under subsection (f). Regulations).’’; and product during the period— ‘‘(ii) The Secretary may require a drug that is (2) in subsection (d)(5)(A)— (i) beginning on— the subject of an application under section (A) by striking ‘‘OPERATIONS.—In establishing (I) for a covered product that is not subject to 505(j) and the listed drug to use a single, shared an Exchange under this section’’ and inserting a REMS with ETASU, the date that is 31 days system under subsection (f), if the Secretary de- ‘‘OPERATIONS.— after the date on which the license holder re- termines that no different, comparable aspect of ‘‘(i) IN GENERAL.—In establishing an Ex- ceived the request; or the elements to assure safe use could satisfy the change under this section (other than in estab- (II) for a covered product that is subject to a requirements of subsection (f).’’; lishing an Exchange pursuant to a grant REMS with ETASU, the date that is 31 days (3) in subsection (i), by adding at the end the awarded under subsection (a)(6))’’; and after the later of— following: (B) by adding at the end the following: (aa) the date on which the license holder re- ‘‘(3) SHARED REMS.—If the Secretary approves, ‘‘(ii) ADDITIONAL PLANNING AND ESTABLISH- ceived the request; or in accordance with paragraph (1)(C)(i)(II), a MENT GRANTS.—In establishing an Exchange (bb) the date on which the license holder re- different, comparable aspect of the elements to pursuant to a grant awarded under subsection ceived a copy of the covered product authoriza- assure safe use under subsection (f) for a drug (a)(6), the State shall ensure that such Ex- tion issued by the Secretary in accordance with that is the subject of an abbreviated new drug change is self-sustaining beginning on January paragraph (2)(B); and application under section 505(j), the Secretary 1, 2024, including allowing the Exchange to (ii) ending on the date on which the eligible may require that such different comparable as- charge assessments or user fees to participating product developer received sufficient quantities pect of the elements to assure safe use can be health insurance issuers, or to otherwise gen- of the covered product. used with respect to any other drug that is the erate funding, to support its operations.’’. (C) AVOIDANCE OF DELAY.—The court may subject of an application under section 505(j) or (b) CLARIFICATION REGARDING FAILURE TO ES- issue an order under subparagraph (A)(i) before 505(b) that references the same listed drug.’’; TABLISH EXCHANGE OR IMPLEMENT REQUIRE- conducting further proceedings that may be nec- and MENTS.—Section 1321(c) of the Patient Protec- essary to determine whether the eligible product (4) by adding at the end the following: tion and Affordable Care Act (42 U.S.C. developer is entitled to an award under clause ‘‘(m) SEPARATE REMS.—When used in this 18041(c)) is amended— (ii) or (iii) of subparagraph (A), or the amount section, the terms ‘different, comparable aspect (1) in paragraph (1), by striking ‘‘If’’ and in- of any such award. of the elements to assure safe use’ or ‘different, serting ‘‘Subject to paragraph (3), if’’; and (c) LIMITATION OF LIABILITY.—A license hold- comparable approved risk evaluation and miti- (2) by adding at the end the following new er for a covered product shall not be liable for gation strategies’ means a risk evaluation and paragraph: any claim under Federal, State, or local law mitigation strategy for a drug that is the subject ‘‘(3) CLARIFICATION.—This subsection shall arising out of the failure of an eligible product of an application under section 505(j) that uses not apply in the case of a State that elects to developer to follow adequate safeguards to as- different methods or operational means than the apply the requirements described in subsection sure safe use of the covered product during de- strategy required under subsection (a) for the (a) and satisfies the requirement described in velopment or testing activities described in this applicable listed drug, or other application subsection (b) on or after January 1, 2014.’’. section, including transportation, handling, use, under section 505(j) with the same such listed SEC. 202. PROVIDING FOR ADDITIONAL REQUIRE- or disposal of the covered product by the eligible drug, but achieves the same level of safety as MENTS WITH RESPECT TO THE NAVI- GATOR PROGRAM. product developer. such strategy.’’. O IOLATION OF (a) IN GENERAL.—Section 1311(i) of the Pa- (d) N V REMS.—Section 505–1 of SEC. 123. RULE OF CONSTRUCTION. the Federal Food, Drug, and Cosmetic Act (21 tient Protection and Affordable Care Act (42 (a) IN GENERAL.—Nothing in this subtitle, the U.S.C. 355–1) is amended by adding at the end U.S.C. 18031(i)) is amended— amendments made by this subtitle, or in section the following new subsection: (1) in paragraph (2), by adding at the end the 505–1 of the Federal Food, Drug, and Cosmetic ‘‘(l) PROVISION OF SAMPLES NOT A VIOLATION following new subparagraph: Act (21 U.S.C. 355–1), shall be construed as— OF STRATEGY.—The provision of samples of a ‘‘(C) SELECTION OF RECIPIENTS.—In the case of (1) prohibiting a license holder from providing covered product to an eligible product developer an Exchange established and operated by the an eligible product developer access to a covered (as those terms are defined in section 121(a) of Secretary within a State pursuant to section product in the absence of an authorization the Strengthening Health Care and Lowering 1321(c), in awarding grants under paragraph under this subtitle; or Prescription Drug Costs Act) shall not be con- (1), the Exchange shall— (2) in any way negating the applicability of a sidered a violation of the requirements of any ‘‘(i) select entities to receive such grants based REMS with ETASU, as otherwise required risk evaluation and mitigation strategy that on an entity’s demonstrated capacity to carry under such section 505–1, with respect to such may be in place under this section for such out each of the duties specified in paragraph covered product. drug.’’. (3); (b) DEFINITIONS.—In this section, the terms (e) RULE OF CONSTRUCTION.— ‘‘(ii) not take into account whether or not the ‘‘covered product’’, ‘‘eligible product devel- (1) DEFINITION.—In this subsection, the term entity has demonstrated how the entity will pro- oper’’, ‘‘license holder’’, and ‘‘REMS with ‘‘antitrust laws’’— vide information to individuals relating to group (A) has the meaning given the term in sub- ETASU’’ have the meanings given such terms in health plans offered by a group or association of section (a) of the first section of the Clayton Act section 121(a). employers described in section 2510.3–5(b) of title (15 U.S.C. 12); and TITLE II—HEALTH INSURANCE MARKET 29, Code of Federal Regulations (or any suc- (B) includes section 5 of the Federal Trade STABILIZATION cessor regulation), or short-term limited dura- Commission Act (15 U.S.C. 45) to the extent that SEC. 201. PRESERVING STATE OPTION TO IMPLE- tion insurance (as defined by the Secretary for such section applies to unfair methods of com- MENT HEALTH CARE MARKET- purposes of section 2791(b)(5) of the Public petition. PLACES. Health Service Act); and (2) ANTITRUST LAWS.—Nothing in this section (a) IN GENERAL.—Section 1311 of the Patient ‘‘(iii) ensure that, each year, the Exchange shall be construed to limit the operation of any Protection and Affordable Care Act (42 U.S.C. awards such a grant to— provision of the antitrust laws. 18031) is amended— ‘‘(I) at least one entity described in this para- SEC. 122. REMS APPROVAL PROCESS FOR SUBSE- (1) in subsection (a)— graph that is a community and consumer-fo- QUENT FILERS. (A) in paragraph (4)(B), by striking ‘‘under cused nonprofit group; and Section 505–1 of the Federal Food, Drug, and this subsection’’ and inserting ‘‘under this para- ‘‘(II) at least one entity described in subpara- Cosmetic Act (21 U.S.C. 355–1), as amended by graph or paragraph (1)’’; and graph (B), which may include another commu- section 121, is further amended— (B) by adding at the end the following new nity and consumer-focused nonprofit group in (1) in subsection (g)(4)(B)— paragraph: addition to any such group awarded a grant (A) in clause (i) by striking ‘‘or’’ after the ‘‘(6) ADDITIONAL PLANNING AND ESTABLISH- pursuant to subclause (I). semicolon; MENT GRANTS.— In awarding such grants, an Exchange may (B) in clause (ii) by striking the period at the ‘‘(A) IN GENERAL.—There shall be appro- consider an entity’s record with respect to end and inserting ‘‘; or’’; and priated to the Secretary, out of any moneys in waste, fraud, and abuse for purposes of main- (C) by adding at the end the following: the Treasury not otherwise appropriated, taining the integrity of such Exchange.’’.

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(2) in paragraph (3)— ‘‘(D) FUNDING.—Out of any funds in the Page 33, strike lines 13 through 22. (A) in subparagraph (C), by inserting after Treasury not otherwise appropriated, there are Page 33, line 23, strike ‘‘(5)’’ and insert ‘‘qualified health plans’’ the following: ‘‘, State hereby appropriated for fiscal year 2020 and ‘‘(4)’’. medicaid plans under title XIX of the Social Se- each subsequent fiscal year, $100,000,000 to The Acting CHAIR. Pursuant to curity Act, and State child health plans under carry out this paragraph. Funds appropriated House Resolution 377, the gentleman title XXI of such Act’’; and under this subparagraph shall remain available from New Jersey (Mr. PALLONE) and a (B) by adding at the end the following flush until expended.’’. left sentence: Member opposed each will control 5 SEC. 204. SHORT-TERM LIMITED DURATION IN- minutes. ‘‘The duties specified in the preceding sentence SURANCE RULE PROHIBITION. may be carried out by such a navigator at any The Secretary of Health and Human Services, The Chair recognizes the gentleman time during a year.’’; the Secretary of the Treasury, and the Secretary from New Jersey. (3) in paragraph (4)(A)— of Labor may not take any action to implement, Mr. PALLONE. Mr. Chairman, I yield (A) in the matter preceding clause (i), by enforce, or otherwise give effect to the rule enti- myself such time as I may consume. striking ‘‘not’’; tled ‘‘Short-Term, Limited Duration Insurance’’ Mr. Chairman, I have an amendment (B) in clause (i)— (83 Fed. Reg. 38212 (August 3, 2018)), and the sponsored by myself and the ranking (i) by inserting ‘‘not’’ before ‘‘be’’; and Secretaries may not promulgate any substan- member of the full committee, Mr. (ii) by striking ‘‘; or’’ and inserting ‘‘;’’; tially similar rule. WALDEN. (C) in clause (ii)— TITLE III—BUDGETARY EFFECTS We have been considering the CRE- (i) by inserting ‘‘not’’ before ‘‘receive’’; and SEC. 301. DETERMINATION OF BUDGETARY EF- (ii) by striking the period and inserting ‘‘; ATES Act and legislation like it for FECTS. years, and it has long been one of my and’’; and The budgetary effects of this Act, for the pur- (D) by adding at the end the following new top priorities. So I was pleased to an- pose of complying with the Statutory Pay-As- nounce a bipartisan amendment that clause: You-Go Act of 2010, shall be determined by ref- ‘‘(iii) maintain physical presence in the State erence to the latest statement titled ‘‘Budgetary gained the support of our Republican of the Exchange so as to allow in-person assist- Effects of PAYGO Legislation’’ for this Act, sub- colleagues during the Energy and Com- ance to consumers.’’; and mitted for printing in the Congressional Record merce Committee’s consideration of (4) in paragraph (6)— by the Chairman of the House Budget Com- the CREATES bill. UNDING.—Grants under’’ (A) by striking ‘‘F mittee, provided that such statement has been There was only one outstanding con- and inserting ‘‘FUNDING.— submitted prior to the vote on passage. cern still to be resolved after that ‘‘(A) STATE EXCHANGES.—Grants under’’; and (B) by adding at the end the following new The Acting CHAIR. No further amendment was adopted. And I am subparagraph: amendment to the bill, as amended, pleased now to offer a bipartisan solu- ‘‘(B) FEDERAL EXCHANGES.—For purposes of shall be in order except those printed tion to address that concern today. carrying out this subsection, with respect to an in House Report 116–61. Each such fur- The concern raised during our full Exchange established and operated by the Sec- ther amendment may be offered only in committee markup was that there was retary within a State pursuant to section the order printed in the report, by a a lack of specificity in the provisions 1321(c), the Secretary shall obligate $100,000,000 Member designated in the report, shall that describe the communication re- out of amounts collected through the user fees quirements related to the request and on participating health insurance issuers pursu- be considered read, shall be debatable ant to section 156.50 of title 45, Code of Federal for the time specified in the report, the delivery of the requested samples Regulations (or any successor regulations) for equally divided and controlled by the between the eligible product developer fiscal year 2020 and each subsequent fiscal year. proponent and an opponent, shall not and the license holder. Such amount for a fiscal year shall remain be subject to amendment, and shall not This bipartisan amendment filed by available until expended.’’. be subject to a demand for division of myself and my colleague, the ranking (b) EFFECTIVE DATE.—The amendments made the question. member of the Energy and Commerce by subsection (a) shall apply with respect to AMENDMENT NO. 1 OFFERED BY MR. PALLONE Committee, Mr. WALDEN, will provide plan years beginning on or after January 1, the additional needed clarity to ensure 2020. The Acting CHAIR. It is now in order to consider amendment No. 1 printed in that communication requirements in SEC. 203. FEDERAL EXCHANGE OUTREACH AND these negotiations are understood so EDUCATIONAL ACTIVITIES. House Report 116–61. Section 1321(c) of the Patient Protection and Mr. PALLONE. Mr. Chairman, I have that there is certainty for both parties. Affordable Care Act (42 U.S.C. 18041(c)), as an amendment at the desk. So I think we have found agreement amended by section 201(b)(2), is further amend- The Acting CHAIR. The Clerk will with our colleagues across the aisle ed by adding at the end the following new para- designate the amendment. around a shared goal of discouraging graph: anti-competitive conduct and pro- ‘‘(4) OUTREACH AND EDUCATIONAL ACTIVI- The text of the amendment is as fol- lows: viding certainty to both brand and ge- TIES.— neric manufacturers about the sample ‘‘(A) IN GENERAL.—In the case of an Exchange Page 28, strike lines 8 through 11 and insert requests and delivery process. established or operated by the Secretary within the following: a State pursuant to this subsection, the Sec- (iii) that the eligible product developer has I appreciate the ranking member and retary shall carry out outreach and educational submitted a written request to purchase suf- his staff for working with me in good activities for purposes of informing individuals ficient quantities of the covered product to faith on this legislation and urge all about qualified health plans offered through the the license holder and such request— my colleagues to vote in support of Exchange, including by informing such individ- (I) was sent to a named corporate officer of this amendment. uals of the availability of coverage under such the license holder; Mr. Chairman, I reserve the balance plans and financial assistance for coverage (II) was made by certified or registered of my time. under such plans. Such outreach and edu- mail with return receipt requested; cational activities shall be provided in a manner (III) specified an individual as the point of b 1445 that is culturally and linguistically appropriate contact for the license holder to direct com- Mr. SHIMKUS. Mr. Chairman, I to the needs of the populations being served by munications related to the sale of the cov- claim the time in opposition, although the Exchange (including hard-to-reach popu- ered product to the eligible product devel- I do not oppose this amendment. lations, such as racial and sexual minorities, oper and a means for electronic and written limited English proficient populations, and communications with that individual; and The Acting CHAIR. Without objec- young adults). (IV) specified an address to which the cov- tion, the gentleman from Illinois is ‘‘(B) LIMITATION ON USE OF FUNDS.—No funds ered product was to be shipped upon reaching recognized for 5 minutes. appropriated under this paragraph shall be used an agreement to transfer the covered prod- There was no objection. for expenditures for promoting non-ACA compli- uct; and Mr. SHIMKUS. Mr. Chair, the chair- ant health insurance coverage. Page 32, strike lines 15 through 18 and in- man of the full committee is correct. ‘‘(C) NON-ACA COMPLIANT HEALTH INSURANCE sert the following: We appreciate his help and support in COVERAGE.—For purposes of subparagraph (B): (C) that the license holder made an offer to working through these technical cor- ‘‘(i) The term ‘non-ACA compliant health in- the individual specified pursuant to para- rections. We don’t oppose them, and surance coverage’ means health insurance cov- graph (2)(A)(iii)(III), by a means of commu- erage, or a group health plan, that is not a nication (electronic, written, or both) speci- with that, I yield back the balance of qualified health plan. fied pursuant to such paragraph, to sell suffi- my time. ‘‘(ii) Such term includes the following: cient quantities of the covered product to Mr. PALLONE. Mr. Chairman, I ap- ‘‘(I) An association health plan. the eligible product developer at commer- preciate the comments from the gen- ‘‘(II) Short-term limited duration insurance. cially reasonable market-based terms— tleman from Illinois.

VerDate Sep 11 2014 03:39 May 17, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.005 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3874 CONGRESSIONAL RECORD — HOUSE May 16, 2019 Again, this is an effort to try to The Acting CHAIR. The gentleman Mr. MCKINLEY. Mr. Chairman, this make sure that when a patent expires from New Jersey is recognized for 5 is the third time today I have heard that the samples or formula are given minutes. the word ‘‘sabotage’’ so that must be to generic, so they can develop a ge- Mr. PALLONE. Mr. Chair, I yield my- the new operative word coming from neric alternative. That is what the self 2 minutes. my colleagues across the aisle. CREATES Act is all about. Mr. Chairman, I am very dis- I would submit to you, I will turn the I would urge support for my amend- appointed that my Republican col- table back because if there is someone ment, and I yield back the balance of leagues want to strike all of the ACA trying to sabotage the effort of low- my time. stabilization measures that we passed ering healthcare prices, it is you. The Acting CHAIR. The question is through our committee. Our chairman on the other side, how- on the amendment offered by the gen- These are important bills that should ever, I think genuinely wanted to lower tleman from New Jersey (Mr. PAL- have strong bipartisan support, but, the healthcare prices when the bills LONE). unfortunately, my Republican col- came out in a nonpartisan fashion The amendment was agreed to. leagues continue to be unwilling to which was universally adopted by us. AMENDMENT NO. 2 OFFERED BY MR. MCKINLEY work together on commonsense pro- But someplace from the time they left The Acting CHAIR. It is now in order posals that would lower healthcare Energy and Commerce to the time they to consider amendment No. 2 printed in costs for consumers. came to the floor, they were put into House Report 116–61. Funding for outreach and marketing, something that the Senate has already Mr. MCKINLEY. Mr. Chairman, I rise why is this even controversial to my indicated they have no appetite for. as the designee of the gentleman from Republican colleagues? Outreach and So if we truly want to lower Indiana (Mr. BUCSHON), and I have an advertising are critical to ensuring healthcare prices in this vote, then it amendment at the desk. that people know about the option to is a ‘‘yes’’ vote. But if you want to sab- The Acting CHAIR. The Clerk will enroll in comprehensive coverage. otage this legislation, you go right designate the amendment. We know that last year just one in ahead and do what you have to do. The text of the amendment is as fol- four uninsured people who buy their So I know, Mr. Chairman, there were lows: own insurance were aware of the open good efforts here, bipartisan efforts to Strike title II (and redesignate the subse- enrollment season and the deadline to try to get something done. It looks like quent title and update the table of contents enroll in coverage. something has crept in to cause a prob- accordingly). Another commonsense proposal to lem. The Acting CHAIR. Pursuant to lower healthcare costs is to provide Mr. Chair, I yield back the balance of House Resolution 377, the gentleman funds to States to set up State-based my time. from West Virginia (Mr. MCKINLEY) marketplaces. Again, why is this con- The Acting CHAIR. Members are ad- and a Member opposed each will con- troversial? Over the last few years, vised to address their remarks to the trol 5 minutes. State-based marketplaces have had Chair. The Chair recognizes the gentleman lower premiums and better enrollment Mr. PALLONE. Mr. Chairman, I yield from West Virginia. than the Federal marketplace. 11⁄2 minutes to the gentlewoman from Mr. MCKINLEY. Mr. Chairman, the Enrollment on healthcare.gov has de- Florida (Ms. CASTOR). bills to recognize lower drug prices clined due to the Trump administra- Ms. CASTOR of Florida. Mr. Chair- passed the Energy and Commerce Com- tion’s sabotage. Enrollment in the man, we are trying to turn back the mittee with unanimous bipartisan sup- State-based marketplaces has actually sabotage of the Trump administration port. increased. The navigator funding provi- on people’s healthcare for the folks They were genuine efforts to address sions the Republicans are trying to back home who we represent. The the most expensive component of strike from the bill, again, this is a Trump administration has done every- healthcare, but Democrats have pack- program to help hard-to-reach individ- thing they can to make it more expen- aged these bipartisan drug-pricing so- uals sign up for comprehensive cov- sive, whether we are talking about pre- lutions with controversial, ideologi- erage. scription drugs or that all-important cally driven legislation that will not be Finally, the Republicans want to re- health insurance policy. taken up by the Senate. Shame on move protection that would block the Don’t just take it from me and my them. Trump administration’s expansion of Democratic colleagues. Take it from So here we go again. According to junk insurance plans that discriminate folks who are on the side of our fami- The Washington Post, in so doing, the against people with preexisting condi- lies day in and day out: the American Democrats have put a pothole in the tions. Cancer Society Cancer Action Net- path of drug pricing. We have all seen I really can’t understand why my Re- work, the American Diabetes Associa- the charts and seen the quotes here publican colleagues who claim to sup- tion, the American Heart Association, earlier in the day. port protections for preexisting condi- and the American Lung Association. I Mr. Chairman, as the 11th-most bi- tions want to defend these plans that could go on and on. partisan Member of the House, I recog- discriminate against preexisting condi- Mr. Chair, I include in the RECORD nize the importance of playing nice in tions and put consumers at extreme fi- letters from over 20 health groups that the sandbox and putting good legisla- nancial risk, other than the fact this is represent our families back home who tion before politics. This combination a Trump administration initiative, so say: Pass this bill. fails that test. they don’t want to oppose it. MAY 15, 2019. My amendment is simple. It would In addition to discriminating against Hon. KATHY CASTOR, strike the most controversial portions people with preexisting conditions, House of Representatives, from the bill, leaving those areas that these junk plans exclude coverage for Washington, DC. allow us to lower the cost of prescrip- many important benefits, such as ma- DEAR REPRESENTATIVE CASTOR: The 23 un- ternity care. And even when you think dersigned organizations, representing mil- tion drugs. lions of American patients, providers, and Therefore, if your goal is to lower the you are covered, if you get sick while consumers, write today in strong support of cost of prescription drugs, I would en- you are on one of these, the insurance H.R. 1010, To provide that the rule entitled courage my friends and colleagues to companies find a way to avoid paying ‘‘Short-Term, Limited Duration Insurance vote ‘‘yes’’ on this amendment. But if the bill. ‘‘shall have no force or effect,’’ which is now you want to play politics with the So in closing, this amendment dem- included in H.R. 987. Our organizations healthcare of Americans and see this onstrates what we all know clearly: strongly support providing protections for bill stopped in the Senate, then vote that Republicans don’t want to do any- patients from short-term, limited-duration ‘‘no,’’ and you will see what happens. thing to actually help lower healthcare (STLDI or short-term) plans and support pre- Mr. Chair, I reserve the balance of costs for Americans or safeguard pre- venting action on implementing or enforcing the ‘‘Short-Term, Limited-Duration Insur- my time. existing condition protections. ance’’ final rule (83 FR 38212, published Au- Mr. PALLONE. Mr. Chairman, I Mr. Chair, I urge opposition to this gust 3, 2018). claim the time in opposition to the amendment, and I reserve the balance Our organizations remain concerned about amendment. of my time. this final rule which expands the maximum

VerDate Sep 11 2014 06:42 May 17, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.048 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3875 duration of short-term health insurance lions of American patients, providers, and Hemophilia Federation of America, Leu- plans from three months to 364 days. Pre- consumers, write today in strong support of kemia & Lymphoma Society, Lutheran Serv- viously, short term plans were available to H.R. 1386, Expand Navigator’s Resources for ices in America, Mended Little Hearts. fill a temporary gap in coverage, such as Outreach, Learning, and Longevity (EN- Muscular Dystrophy Association, National gaps in employment. However, since the rule ROLL) Act of 2019, which is now included as Alliance on Mental Illness, National Coali- was finalized, the growth and availability of a provision in H.R. 987. Our organizations tion for Cancer Survivorship, National these products continues to threaten pa- recognize the importance of navigator pro- Health Council, National Hemophilia Foun- tients with pre-existing conditions because grams to assist potential enrollees with the dation, National Kidney Foundation, Na- insurers offering these policies can either open enrollment process. Your legislation tional Multiple Sclerosis Society, National deny coverage or charge higher premiums to will guarantee resources for navigators, al- Organization for Rare Disorders, National individuals with pre-existing conditions. Ex- lowing them to continue the important work Patient Advocate Foundation, National Pso- panding access to these policies could cause of educating Americans about their coverage riasis Foundation, Susan G. Komen, Women premiums in the marketplace to increase, as and enrollment options. Heart: The National Coalition for Women younger and healthier individuals choose to In March 2017, we identified three over- with Heart Disease. enroll in the short-term plans. This forces arching principles to guide and measure any Ms. CASTOR of Florida. Mr. Chair, I individuals with serious or chronic condi- work to further reform and improve the na- wanted to make one more important tions into a smaller, sicker risk pool to ob- tion’s health insurance system. Our core tain the coverage they need to manage their principles are that health insurance coverage point. I have heard so much misin- health. Premiums for these comprehensive must be adequate, affordable, and accessible. formation today from my colleagues on plans would likely skyrocket, making insur- Together, our organizations understand what the other side of the aisle who have ance unaffordable. individuals and families need to prevent dis- denigrated our navigators. They say Short-term plans also lack patient protec- ease, manage health, and cure illness. Our agents and brokers can do the job of tions guaranteed by the Affordable Care Act organizations are deeply concerned about helping to sign up our neighbors for (ACA), severely impacting individuals with cuts to these services and the lack of reliable health insurance. serious or chronic health conditions. Plan resources for consumers who have questions providers are permitted to consider pre-ex- Boy, that is not the case. Yes, agents about how to enroll in coverage. We are and brokers are important, but we isting conditions in decisions to deny cov- pleased that this legislation represents a sig- erage, charge higher premiums, or not cover nificant and meaningful step towards in- heard expert testimony in our com- certain care and treatments. After enrolling creasing access to services that help con- mittee that the navigators provide in a short-term plan, providers are permitted sumers enroll in high-quality health care, in- independent, trusted advice. They are to rescind or amend coverage based on new cluding Medicare and Medicaid. our community-based folks at commu- health issues. Short-term plans are not re- Cuts to navigators and outreach and en- nity health centers and groups like the quired to cover all of the Essential Health rollment activities since 2016 have taken Benefits (EHBs) categories outlined in the American Cancer Society, who I men- away resources that help consumers under- tioned, that understand how important ACA, potentially forcing individuals to pay stand and select health care coverage. Navi- out-of-pocket for expensive treatments. gators and consumer assisters are critical to it is. These plans can also impose lifetime and an- educating the public about their health in- A lot of the agents and brokers send nual limits on coverage and do not require surance options and helping individuals en- their customers over to navigators to limits on out-of-pocket expenses and roll in appropriate coverage. Navigators con- sign up because the agents and brokers deductibles. duct outreach and must provide fair, accu- are not interested in going over to H.R. 1010 would both protect patients and rate, unbiased, and culturally appropriate in- folks who rely on Medicaid, or the Chil- consumers from substandard insurance prod- formation to individuals and families regard- ucts and assist in stabilizing the market- dren’s Health Insurance Program. ing eligibility and enrollment requirements 1 place. The decreased up-front costs of short- Mr. PALLONE. Mr. Chair, I yield 1 ⁄2 for the marketplaces and other state health minutes to the gentlewoman from term plans may be more appealing to young- insurance programs. They are valuable allies er, healthier individuals, thus, dividing the LUNT OCHESTER to consumers seeking affordable coverage Delaware (Ms. B R ). individual marketplace risk pool. Seg- that meets their needs. Many navigators also Ms. BLUNT ROCHESTER. Mr. Chair- menting the market in this way will result provide in-person help to low-income and man, I oppose this amendment because in increased premiums for comprehensive rural communities, consumers with limited by stripping the ACA’s stabilization ACA-compliant plans in the marketplace, de- English proficiency, people with disabilities, bills from this package, we are reneg- creasing marketplace stability, and reducing and other populations for whom such assist- affordable access to insurance. ing on the promise that we made to the It is for these reasons we enthusiastically ance is not often available. American people: access to quality, af- We strongly and enthusiastically support endorse your legislation and urge Congress fordable healthcare. your legislation to preserve funding for navi- to act swiftly to limit the sale of short-term This complete package of bills helps gator programs. Informed enrollees can insurance plans. People with pre-existing choose plans that provide the coverage they stabilize the ACA which will improve conditions need access to adequate, afford- the risk pool, reduce premium cost, able health insurance. Again, our organiza- need at prices they can afford. Research has shown that states that devote robust re- and lower the number of uninsured. tions thank you for your leadership on this The CBO found that my bill, the critical issue for people with pre-existing sources to marketing, outreach, and enroll- conditions, and we support your efforts to ment assistance programs experience higher MORE Health Education Act would expand access to affordable health insurance. rates of enrollment compared to those who help 5 million Americans obtain high- Sincerely, do not. Providing resources to ease the en- quality health insurance created by the American Cancer Society Cancer Action rollment process will help stabilize the mar- ACA. It is supported by AARP, the Network, American Heart Association, ketplace and result in lower premiums for American Hospital Association, and a many enrollees. American Lung Association, Arthritis Foun- number of other organizations, as was dation, Cystic Fibrosis Foundation, Epilepsy People with pre-existing conditions need access to adequate, affordable health insur- mentioned before. Foundation, Hemophilia Federation of From day one, there has been a con- America, Leukemia & Lymphoma Society, ance. In order to be accessible, potential en- Lutheran Services in America, March of rollees need to understand open enrollment cern that when we shorten the amount Dimes, Mended Little Hearts, Muscular Dys- and coverage options. With the increase of of time that people can enroll, when we trophy Association. coverage options that are not compliant tell them that we are not going to let National Alliance on Mental Illness, Na- with the Affordable Care Act (ACA), such as them know what is even available to tional Coalition for Cancer Survivorship, Na- short-term, limited-duration insurance them, and then we take away the re- plans, navigator programs are particularly tional Health Council, National Hemophilia sources and the individuals that can Foundation, National Multiple Sclerosis So- important to allow uninsured individuals to ciety, National Organization for Rare Dis- make informed decisions. This legislation help them get there, that is why we orders, National Patient Advocate Founda- will keep this information accessible to all. feel like we have been watching and tion, National Psoriasis Foundation, Susan Again, our organizations thank you for your witnessing the move backwards. G. Kamen, The ALS Association, Women leadership on this critical issue for people What we want to do with this bill is Heart: The National Coalition for Women with pre-existing conditions, and we support move forward. So I urge my colleagues with Heart Disease. your efforts to expand access to affordable to reject this amendment and support health insurance. the full legislative package for the peo- MAY 15, 2019. Sincerely, American Cancer Society Cancer Action ple. Hon. KATHY CASTOR, Mr. PALLONE. Mr. Chair, I would House of Representatives, Network, American Diabetes Association, Washington, DC. American Heart Association, American Lung just ask Members to oppose this DEAR REPRESENTATIVE CASTOR: The 23 un- Association, Arthritis Foundation, Cystic amendment because it guts the effort dersigned organizations, representing mil- Fibrosis Foundation, Epilepsy Foundation, to improve the Affordable Care Act.

VerDate Sep 11 2014 06:42 May 17, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.012 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3876 CONGRESSIONAL RECORD — HOUSE May 16, 2019 Mr. Chair, I yield back the balance of We don’t have to use words that are The message also announced that the my time. pejorative. We think we should have Senate has passed a bill of the fol- Ms. BLUNT ROCHESTER. Mr. Chair, I the Affordable Care Act. We think we lowing title in which the concurrence would like to revise my remarks made during should make it stronger, and my col- of the House is requested: debate of amendment No. 2 of H.R. 987, of- leagues on the other side of the aisle S. 1208. An act to amend the Omnibus fered by Mr. McKINLEY. In my remarks, I stat- want to vote against it and now want Crime Control and Safe Streets Act of 1968 ed that the marketing and outreach provision to repeal it. with respect to payments to certain public under Title II of H.R. 987 would increase en- safety officers who have become perma- b 1500 rollment into health plans by five million over nently and totally disabled as a result of per- the ten year period as estimated by the Con- One of the ways to make the Afford- sonal injuries sustained in the line of duty, gressional Budget Office. Due to the method- able Care Act effective is to have auto- and for other purposes. ology adopted by the Congressional Budget matic reenrollment. If a family is in The SPEAKER pro tempore. The Office to estimate the enrollment effect of the the Affordable Care Act and the time Committee will resume its sitting. underlying measure, the figure is more appro- for reenrollment comes up, if they take f no action, then they are automatically priately represented as increasing enrollment MARKETING AND OUTREACH RES- reenrolled in the plan that they are al- by about 500,000 each year over the ten year TORATION TO EMPOWER HEALTH ready in. period. EDUCATION ACT OF 2019 The Acting CHAIR. The question is If you take away the automatic re- on the amendment offered by the gen- enrollment, folks fall off, oftentimes The Committee resumed its sitting. tleman from West Virginia (Mr. MCKIN- for no particular reason. They were Mr. SHIMKUS. Mr. Chairman, I LEY). doing other things; they didn’t notice claim the time in opposition. The question was taken; and the Act- it; they didn’t have the time; or they The Acting CHAIR (Mr. COX of Cali- ing Chair announced that the noes ap- didn’t get to a navigator. There are fornia). The gentleman from Illinois is peared to have it. lots of things that come between auto- recognized for 5 minutes. Mr. MCKINLEY. Mr. Chair, I demand matic reenrollment and picking your Mr. SHIMKUS. Mr. Chairman, I re- a recorded vote. own plan. serve the balance of my time. The Acting CHAIR. Pursuant to By the way, studies have shown that Mr. WELCH. Mr. Chairman, I have no clause 6 of rule XVIII, further pro- automatic reenrollment, like auto- further speakers, so I reserve the bal- ceedings on the amendment offered by matic withdrawal to go into your re- ance of my time. the gentleman from West Virginia will tirement account, is very, very effec- Mr. SHIMKUS. Mr. Chairman, I be- be postponed. tive. lieve I have the right to close. AMENDMENT NO. 3 OFFERED BY MR. WELCH The President has indicated a desire The Acting CHAIR. The gentleman The Acting CHAIR. It is now in order to get rid of the automatic reenroll- from Vermont is recognized. to consider amendment No. 3 printed in ment program. He hasn’t done that yet. Mr. WELCH. How much time is re- House Report 116–61. This amendment would prohibit him maining, Mr. Chairman? Mr. WELCH. Mr. Chairman, I have an from doing so. The Acting CHAIR. The gentleman amendment at the desk. There is a reason why the adminis- has 2 minutes remaining. The Acting CHAIR. The Clerk will tration would like to get rid of auto- Mr. WELCH. Mr. Chairman, as I men- designate the amendment. matic reenrollment. The evidence sug- tioned earlier, we just have a difference The text of the amendment is as fol- gests that that would mean about 2 of opinion. We think the Affordable lows: million Americans would then lose ac- Care Act is important to preserve and Add at the end of title II the following new cess to their healthcare because they important to improve. My colleagues, section: hadn’t reenrolled. when they have had an opportunity, SEC. 205. PROTECTION OF HEALTH INSURANCE COVERAGE IN CERTAIN EXCHANGES. We don’t want that to happen. We have voted to repeal it. In the case of an Exchange that the Sec- want those American families who de- Failing to repeal it, what the Trump retary of Health and Human Services oper- pend on the healthcare that they have administration has done is chip away ates pursuant to section 1321(c)(1) of the Pa- to continue receiving that healthcare at it. We don’t want the administration tient Protection and Affordable Care Act (42 next year just like they received it this to be able to get rid of automatic re- U.S.C. 18041(c)(1)), the Secretary may not im- year. enrollment, which would likely result plement any process that would terminate This amendment makes it very clear in the loss of 2 million families having the health insurance coverage of an enrollee access to healthcare. solely because such enrollee did not actively that that automatic reenrollment pro- enroll during the most recent open enroll- gram would continue to be part of the There has been a number of other ment period. Affordable Care Act. things that have happened: slashing The Acting CHAIR. Pursuant to Keep in mind, it in no way limits the funding, slashing funding for consumer House Resolution 377, the gentleman ability of a family or an individual to outreach and enrollment education by from Vermont (Mr. WELCH) and a Mem- decide to get into a different plan or to 90 percent, cutting back the uninsured ber opposed each will control 5 min- affirmatively say they don’t want to be rate for 4 years, and 1.1 million Ameri- utes. in any plan. That can still happen. cans losing coverage last year. The Chair recognizes the gentleman There is total and complete freedom of In the latest ACA marketplace final from Vermont. choice, but it gives security. It is going rule, the administration openly con- Mr. WELCH. Mr. Chairman, I yield to be very beneficial to about 2 million templated getting rid of this automatic myself such time as I may consume. American families. reenrollment. This amendment pro- Mr. Chairman, this amendment, Mr. Chairman, I reserve the balance tects the automatic reenrollment. It is which I will describe in a moment, is of my time. going to protect continued access to about improving and preserving the Af- The Acting CHAIR. The Committee care under the Affordable Care Act for fordable Care Act. The word ‘‘sabo- will rise informally. 2 million Americans. tage’’ has been used here. We don’t The Speaker pro tempore (Mr. Mr. Chairman, I yield back the bal- need that word. We have a very DESAULNIER) assumed the chair. ance of my time. straightforward, very transparent dif- f Mr. SHIMKUS. Mr. Chairman, it is ference of view. great being on the floor with a lot of The Democrats supported and passed MESSAGE FROM THE SENATE my friends on the Energy and Com- the Affordable Care Act. We have been A message from the Senate by Ms. merce Committee and my colleagues defending it for years. The Republicans Byrd, one of its clerks, announced that across the aisle. Obviously, we have a opposed it. President Trump made it a the Senate has passed without amend- fundamental disagreement. campaign pledge to get rid of it, and ment a bill of the House of the fol- I know, in southern Illinois, one of they came within a vote in the Senate, lowing title: the biggest questions I always got and except for John McCain, of repealing H.R. 2379. An act to reauthorize the Bullet- concerns was that ObamaCare plans the law altogether. proof Vest Partnership Grant Program. are too expensive, and the deductibles

VerDate Sep 11 2014 06:37 May 17, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.051 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3877 are too high, so we can’t use them. We will get through this debate. We power and obligation to assist the pub- Hence, no one wanted to use them. will eventually come back and address lic in understanding these options. Part of the change in the political these prescription drug issues that, as I My colleagues would agree that HHS landscape because of that was Repub- mentioned, Mr. Chairman, we probably and CMS also have the obligation to be licans controlled the House. That is would pass on a voice vote once we re- good stewards of taxpayer dollars by what happened politically. Here we are, turn to this. doing this effectively. Because of this, and my colleagues and I have belabored I thank my colleagues. I have great earlier this morning, I sent a follow-up this point all day, Mr. Chairman, about respect for my colleague from letter requesting that these documents what we are trying to do. We are trying Vermont. He is a very sincere and good be released without delay. to lower the cost of prescription drugs, friend. We look forward to debating The results of this study need to be but we have to go back to this this more in the future. made public so that Congress can enact ObamaCare debate. Mr. Chairman, I yield back the bal- effective policy that reaches our com- Republicans control the Senate. They ance of my time. mon goal of quality and affordable are not going to bring it up. The Presi- The Acting CHAIR. The question is health insurance for all Americans. dent is not going to sign the bill. It is on the amendment offered by the gen- Simply put, public awareness of the instructional to have this debate. We tleman from Vermont (Mr. WELCH). ACA isn’t as high as folks are made to understand it. We will eventually come The amendment was agreed to. believe, and the ACA’s marketing and back, and we will address these pre- AMENDMENT NO. 4 OFFERED BY MS. BLUNT outreach program was an effective tool scription drug bills. We will get there, ROCHESTER in helping Americans make informed but we have to go through this exer- The Acting CHAIR. It is now in order decisions for their families. cise. I understand that. to consider amendment No. 4 printed in According to Joshua Peck, a former The three bills that we could vote on House Report 116–61. senior adviser at CMS who oversaw the and pass right now, probably on a sus- Ms. BLUNT ROCHESTER. Mr. Chair- marketing program, the private sector pension calendar and a voice vote, man, I have an amendment at the desk. spends between $250 and $1,000 per en- would be the three prescription drug The Acting CHAIR. The Clerk will rollment. How much did it cost the bills that are part of this package. designate the amendment. Federal Government? Twenty-nine dol- Those are the CREATES Act, the Pro- The text of the amendment is as fol- lars. tecting Consumers’ Access to Generic lows: It costs government just $29 to enroll Drugs Act, and the Bringing Low-cost Page 47, line 24, strike ‘‘Section 1321(c)’’ someone in the individual marketplace Options and Competition while Keeping and insert: using TV ads. That is a good use of tax- Incentives for New Generics Act, called (a) IN GENERAL.—Section 1321(c) payer dollars. the BLOCKING Act. Page 49, after line 18, insert the following: A July 2018 Government Account- That is what we could be doing (b) STUDY AND REPORT.—Not later than 30 ability Office report on ACA outreach today, that and some other things. We days after the date of the enactment of this and enrollment even cites the HHS’ Act, the Secretary of Health and Human hope that what we will be addressing Services shall release to Congress all aggre- study, which looked at the most cost- will make major changes in afford- gated documents relating to studies and data effective forms of advertising for new ability, transparency, and the like. sets that were created on or after January 1, and returning enrollees. The GAO My colleagues also point out the nu- 2014, and related to marketing and outreach found that the study named television merous votes to repeal or replace parts with respect to qualified health plans offered ads as one of the best forms of adver- of ObamaCare. I am proud to say I through Exchanges under title I of the Pa- tising for enrolling Americans. Despite voted for all of them. The facts state tient Protection and Affordable Care Act. objective, fact-based analysis, the ad- that a lot of Democrats supported The Acting CHAIR. Pursuant to ministration eliminated these ads. these, to fundamentally change provi- House Resolution 377, the gentlewoman Mr. Chairman, I support the under- sions of ObamaCare. from Delaware (Ms. BLUNT ROCHESTER) lying legislation, and I ask my col- In fact, 30 of the bills my friends are and a Member opposed each will con- leagues to support my amendment and citing were signed into law. Twenty- trol 5 minutes. make clear that HHS should be trans- one of those bills were signed into law The Chair recognizes the gentle- parent and release these studies. by President Obama. Of the 30 that woman from Delaware. Mr. Chairman, I reserve the balance were signed into law, Speaker PELOSI Ms. BLUNT ROCHESTER. Mr. Chair- of my time. voted ‘‘yes’’ on 19 of them. These are man, I yield myself such time as I may Mr. SHIMKUS. Mr. Chairman, I part of the 60 bills that would repeal consume. claim the time in opposition. and replace, and we have 21, and 19 Mr. Chairman, this is a simple The Acting CHAIR. The gentleman were voted for by Speaker PELOSI. amendment designed to ensure that from Illinois is recognized for 5 min- Leader HOYER voted ‘‘yes’’ on 21 of Congress is able to review the Depart- utes. them. My friend Chairman PALLONE ment of Health and Human Services’ Mr. SHIMKUS. Mr. Chairman, I re- voted on 20 of them. own analysis of the ACA’s marketing serve the balance of my time. Here are the examples that we want and outreach programs. Ms. BLUNT ROCHESTER. Mr. Chair- to lay out: repealing the unworkable In April of this year, I led a letter man, in closing, I urge my colleagues and unsustainable CLASS Act, rescind- signed by 30 of my House colleagues on to support this amendment and also ing billions of dollars for the failed the Energy and Commerce Committee support the underlying bill, and I yield ObamaCare co-op program, delaying requesting HHS disclose any studies back the balance of my time. the Cadillac tax and medical device and data related to their marketing Mr. SHIMKUS. Mr. Chairman, it is tax, cutting funding to the Independent and outreach efforts for the ACA. HHS hard to sell a lemon, no matter how Payment Advisory Board, providing and CMS have had more than 50 days much you give in advertising. That is regulatory and financial relief from to respond to this request and provide kind of the basis of our opposition to ObamaCare’s requirements for small crucial documents to the public and this amendment. business and independent contractors, Congress. The lack of response con- Mr. Chair, as you heard me say in the requiring accurate income verification firms our concerns about transparency last debate, in my congressional dis- before disbursing subsidies to and commitment to implementing the trict, people didn’t want to be forced to ObamaCare exchanges, and modifying current law. buy something that was too high, that eligibility for ObamaCare exchange While estimates vary, it is clear that was unaffordable, that the deductibles subsidies. marketing and outreach efforts created were too high, and that we in Wash- We can have this tit for tat, Mr. by the ACA could significantly improve ington mandated that they have to Chairman, and they will still want to the lives of tens of thousands of Ameri- buy. defend ObamaCare. We will always say cans. Many of these Americans are Now we see a period where, in es- that the private market is better to simply unaware of the health insurance sence, people have a few more choices provide lower cost and rapid response. and financial assistance options avail- because of the waiver system, the 1332s. It is an ideological fight. able to them. HHS and CMS have the We see people flocking away from

VerDate Sep 11 2014 04:41 May 17, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.055 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3878 CONGRESSIONAL RECORD — HOUSE May 16, 2019 ObamaCare plans to 1332 waivers with- (1) The term ‘‘drug’’ has the meaning given Mr. DESAULNIER. Mr. Chair, I in the States, which we think is a good such term in section 201 of the Federal Food, would hope that all the Members would deal. Drug, and Cosmetic Act (21 U.S.C. 321). support this amendment. It provides us Part of the debate on this is: Let’s (2) The term ‘‘drug developer’’ means an valuable information by a source that entity that submitted, and received approval pump more money in and maybe these of, an application under section 505 of the we all value, the National Academy of people will stay in these failed Federal Food, Drug, and Cosmetic Act (21 Medicine, and it will get to this argu- ObamaCare plans. We reject that. We U.S.C. 355) or section 351 of the Public Health ment of my colleagues across the aisle. reject it based upon what we have done Service Act (42 U.S.C. 262). If their argument is right, then the with Medicare Advantage and Medicare The Acting CHAIR. Pursuant to public and the Congress will see it; it part D. House Resolution 377, the gentleman will be verified. If it is different—and I The executive branch has said: Let’s from California (Mr. DESAULNIER) and believe it is—we will start looking at spend the same amount of money that a Member opposed each will control 5 the real value of private investment we do for Medicare part D and Medi- minutes. and the return on investment that is care Advantage, which have much The Chair recognizes the gentleman due the American public. Mr. Chair, I yield back the balance of higher enrollment than the ObamaCare from California. my time. exchanges. Mr. DESAULNIER. Mr. Chairman, Mr. SHIMKUS. Mr. Chairman, I don’t my amendment seeks to find informa- b 1515 know my colleague very well, but I tion that will help with the high cost So we think that is appropriate. We think it is instructive to our citizens of prescription drugs in the United do think that, with $100 million or as a whole that Members come from States, to help inform this institution more to try to get people to buy a across this great land and have a lot of and the American public. different issues. I think it is instruc- product and you see enrollment go Mr. Chair, I have a form of noncur- tive that even Members of Congress down, that is not a good use of money. able blood cancer. In my pocket is a Mr. Chair, with that, we would ask can be fighting illnesses and need life- pill I take every day that keeps me for a ‘‘no’’ vote on the amendment, and saving medicine to do that. alive. It costs $500 a day. I don’t think we are fundamentally I yield back the balance of my time. Most of the research that developed The Acting CHAIR. The question is opposed to the amendment. We don’t this pill was at the Department of De- on the amendment offered by the gen- think it does exactly what the author fense and the National Institutes for tlewoman from Delaware (Ms. BLUNT is claiming it will do. Health. American taxpayers did the ROCHESTER). In this package, in this bill, it is not, basic research. obviously, going to go anywhere be- The amendment was agreed to. Earlier today, we had a long hearing AMENDMENT NO. 5 OFFERED BY MR. DESAULNIER cause the President is not going to sign in the Committee on Oversight of a this bill. It is not going to go through The Acting CHAIR. It is now in order similar situation where most of the de- to consider amendment No. 5 printed in the Senate. velopment for an HIV lifesaving drug Mr. Chair, I would encourage my col- House Report 116–61. was developed at the University of league to come back and visit with us Mr. DESAULNIER. Mr. Chairman, I California in San Francisco with NIH so that we start moving something have an amendment at the desk. funding and no funding from the drug that can get bipartisan agreement that The Acting CHAIR. The Clerk will supplier that is now making billions of I think would be very instructive in designate the amendment. dollars. looking at this as an addition. The text of the amendment is as fol- What my amendment does is direct Now, I am speaking for myself, not lows: the Academy of Medicine to get the in- for the ranking member of the full At the end of title I, add the following: formation to differentiate what is basic committee, because the gentleman is Subtitle D—Study on Role of Federal taxpayer healthcare and how much right that we need to have informa- Assistance in Drug Development that contributes to these billions of tion. And when government is helpful SEC. 131. STUDY ON ROLE OF FEDERAL ASSIST- dollars of profits of pharmaceutical in creating the initial science that ANCE IN DRUG DEVELOPMENT. companies. then goes over to the private sector, (a) IN GENERAL.—Not later than two years It is not to say that these private in- that then goes to creating blockbuster after the date of the enactment of this Act, vestments are not good, but are they the Secretary of the Health and Human drugs, then we should know, kind of, Services shall enter into a contract with the low risk and high reward or are they the skin in the game, Mr. Chairman, National Academy of Medicine to conduct a high risk and high reward? That is to and how much that is due to good Fed- study on, and submit to Congress a report say: Are the investors getting a really eral policy by not just legislators, but on, the following: high risk based on what the taxpayers also our agencies that help push that (1) The percentage of drugs developed in have done in investment? research by NIH or the CDC or the Na- the United States using at least some All this amendment does is direct the tional Cancer Institute. amount of Federal funding from any Federal Academy of Medicine to come back Had this bill been brought and the source. with that information. three prescription drug transparency (2) The average cost incurred by a drug de- veloper to develop a drug. We hear arguments from our Repub- lower cost options been brought to the (3) The average amount of revenue and lican colleagues often that we need floor, as I said before—and I am not profits made by drug developers from the these investments in private-sector going to restate this every amendment sales of drugs. pharmaceutical companies. I don’t dis- debate—but we probably would have (4) The percentage of such revenue and agree, but we need to know what por- had a voice vote and we could have profits that are reinvested into research and tion of it is actually returning a rea- gone out for dinner. But it is attached development of new drugs. sonable rate of return. We want to at- to the ObamaCare rescue mission, (5) The appropriate percentage, if any, of tract those investments. which we think the public has already such revenue and profits the Secretary, in Absent this kind of information, it is consultation with the National Academy of rejected. Medicine, recommends should be returned to just a political opinion and argument. So we will get through this process, Federal entities for Federal funding used in My amendment would get to that in- but I would encourage my colleague to the development of the drugs involved. formation that is so important to this join with the chairman of the com- (b) ENFORCEMENT.—A drug developer shall, debate. mittee and Republicans in looking at as a condition of receipt of any Federal fund- Mr. Chair, I reserve the balance of what we can do on this provision in the ing for the development of drugs, comply my time. future. with any request for the data necessary to Mr. SHIMKUS. Mr. Chairman, I Mr. Chair, I would ask my colleagues perform the study under subsection (a). claim the time in opposition. to vote ‘‘no,’’ and I yield back the bal- (c) CONFIDENTIALITY.—This section does The Acting CHAIR. The gentleman not authorize the disclosure of any trade se- ance of my time. cret, confidential commercial or financial in- from Illinois is recognized for 5 min- The Acting CHAIR. The question is formation, or other matter listed in section utes. on the amendment offered by the gen- 552(b) of title 5, United States Code. Mr. SHIMKUS. Mr. Chair, I reserve tleman from California (Mr. (d) DEFINITIONS.—In this section: the balance of my time. DESAULNIER).

VerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.058 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3879 The amendment was agreed to. Mr. SHIMKUS. Mr. Chairman, I Mr. HARDER of California. Mr. AMENDMENT NO. 6 OFFERED BY MR. HARDER OF claim the time in opposition. Chair, I demand a recorded vote. CALIFORNIA The Acting CHAIR. The gentleman The Acting CHAIR. Pursuant to The Acting CHAIR. It is now in order from Illinois is recognized for 5 min- clause 6 of rule XVIII, further pro- to consider amendment No. 6 printed in utes. ceedings on the amendment offered by House Report 116–61. Mr. SHIMKUS. Mr. Chair, I would re- the gentleman from California will be Mr. HARDER of California. Mr. serve the balance of my time unless my postponed. Chair, I have an amendment at the colleague yielded back. AMENDMENT NO. 7 OFFERED BY MS. SHALALA The Acting CHAIR. The gentleman desk. The Acting CHAIR. It is now in order The Acting CHAIR. The Clerk will has the only time remaining. Mr. SHIMKUS. Mr. Chairman, I yield to consider amendment No. 7 printed in designate the amendment. House Report 116–61. The text of the amendment is as fol- myself such time as I may consume. Again, I appreciate my colleague Ms. SHALALA. Mr. Chairman, I have lows: an amendment at the desk. Page 46, beginning on line 17, amend clause coming down to the floor, especially when, in his opening statement, he The Acting CHAIR. The Clerk will (ii) to read as follows: designate the amendment. (ii) by striking the period and inserting a says he wants drug costs to go down semicolon; and now. The text of the amendment is as fol- Page 46, line 20, strike ‘‘clause’’ and insert It is not going to happen now because lows: ‘‘clauses’’. it is in a package that is not going to Add at the end of title II the following new Page 46, line 23, strike the period and the be accepted by the Senate and the section: end quotes. President is not going to sign. SEC. 205. SENSE OF CONGRESS RELATING TO THE Page 46, after line 23, insert the following: So, if we really want drug prices to PRACTICE OF SILVER LOADING. ‘‘(iv) receive opioid specific education and It is the sense of Congress that the Sec- training that ensures the navigator can best go down now, we would have done what we did out of the full committee. We retary of Health and Human Services should educate individuals on qualified health plans not take any action to prohibit or otherwise offered through an Exchange, specifically would have packaged this up with H.R. restrict the practice commonly known as coverage under such plans for opioid health 965, the CREATES Act, which is a bi- ‘‘silver loading’’ (as described in the rule en- care treatment.’’; and partisan agreement that is part of this titled ‘‘Patient Protection and Affordable The Acting CHAIR. Pursuant to bill, which would penalize branded Care Act; HHS Notice of Benefit and Pay- House Resolution 377, the gentleman drugmakers that withhold samples ment Parameters for 2020’’ published on from California (Mr. HARDER) and a from generic manufacturers. April 25, 2019 (84 Fed. Reg. 17533)). Member opposed each will control 5 We would have brought to the floor, The Acting CHAIR. Pursuant to minutes. either separately or in a package, H.R. House Resolution 377, the gentlewoman The Chair recognizes the gentleman 1499, the Protecting Consumer Access from Florida (Ms. SHALALA) and a from California. to Generic Drugs Act, bipartisan out of Member opposed each will control 5 Mr. HARDER of California. Mr. the committee. This would ban pay-for- minutes. Chair, I rise today in support of my delay agreements, which are a problem. The Chair recognizes the gentle- amendment to the Strengthening And we would have brought up H.R. woman from Florida. Health Care and Lowering Prescription 938, the Bringing Low-cost Options and Ms. SHALALA. Mr. Chairman, I yield Drug Costs Act. Competition while Keeping Incentives myself such time as I may consume. Families in my district, in the Cali- for New Generics, which is called the Mr. Chair, this amendment expresses fornia Central Valley, need prescrip- BLOCKING Act, which would limit the a sense of Congress that the Secretary tion drugs to go down in cost now, and first-approved generic maker’s ability of Health and Human Services should to stall another rival’s launch. they need access to care for every con- not do anything that prohibits State I think we all want to get there. I dition, including mental health and think we will get there. We still are insurance commissioners from allow- treatment for substance use disorders. going to go through this process. But, ing for so-called silver loading. That is exactly what my amendment make no mistake, this is not going to Let me walk you through how we got is going to help with. The navigators be signed into law that we can go down to this point because, while silver load- that help folks understand healthcare to the White House for a ceremony. ing has worked to keep costs on the ex- through the exchanges are great, but Again, I would encourage my col- changes lower for people who get sub- they need additional tools to make leagues to work with the chairman of sidies, it has only been used because sure folks struggling with opioid addic- the Energy and Commerce Committee, the administration was actively trying tion get the coverage that they need. my good friend FRANK PALLONE, and we to kill the Affordable Care Act. My amendment gives them just that. can address this amendment and other In 2017, the administration decided to In most communities I visit, I hear processes and hopefully bring the bi- stop reimbursing health insurance from someone who has been touched by partisan bill to the floor that would ad- companies for what are called cost- the opioid epidemic, and I am no excep- dress a lot of other colleagues’ con- sharing reductions, CSRs. CSRs are tion. When I was in high school, I had cerns and really work on a bipartisan payments that health insurance com- a friend who was in a tough family sit- agreement that, then, by that bipar- panies are required to make to help uation, so I drove him to school every tisan approach, the Senate would have low- and moderate-income people af- day for 2 years. He was one of the best to really look at seriously, and, hope- ford healthcare. golfers I ever met, had an amazing fully, we would convince the President Under the Affordable Care Act, sense of humor. But, after graduating, to sign the bill. health insurance companies must help he developed an addiction to opiates, I am just a simple man from south- people have more affordable and, pos- and about 5 years ago we lost him to an ern Illinois, taught high school civics: sibly, no copays or deductibles. The overdose. two Chambers, President has got to Federal Government was supposed to Stories like my friend’s are far too sign the bill. Sometimes when we use reimburse insurance providers for mak- common. About 130 Americans die all this time, it is for other purposes ing these payments. However, in Octo- every single day from opiate overdose. than really trying to have a bill be- ber of 2017, the administration stopped Folks with substance use disorder de- come law. making these payments. This was a de- serve access to care just like everyone So, with that, I would ask my col- liberate attempt to make health insur- else, and every person in this country leagues to vote ‘‘no’’ on the amend- ance on the exchange unaffordable and deserves prescription drugs that they ment, and I yield back the balance of to undermine, weaken, and attack the can actually afford. my time. Affordable Care Act. It is for my friend and for our loved The Acting CHAIR. The question is ones all across the country who have on the amendment offered by the gen- b 1530 struggled with this that I urge my col- tleman from California (Mr. HARDER). In response to this, the States, bipar- leagues to vote for this amendment. The question was taken; and the Act- tisan States, including my own, let in- Mr. Chair, I yield back the balance of ing Chair announced that the ayes ap- surance plans do what is now called my time. peared to have it. ‘‘silver loading.’’

VerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.062 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3880 CONGRESSIONAL RECORD — HOUSE May 16, 2019 State insurance regulators, in a des- the power to tax, this is really a tax; from Connecticut (Mrs. HAYES) and a perate and a very creative attempt to then, yeah, we can do this. Member opposed each will control 5 stabilize the insurance markets, al- So then we had the rollout. And the minutes. lowed insurance companies to build the rollout, I think, in the public’s eye, as The Chair recognizes the gentle- unpaid CSR costs into their silver a whole—first, due to the delay because woman from Connecticut. plans on the exchange. of the computer system, the network Mrs. HAYES. Mr. Chair, I yield my- This was not the solution anyone couldn’t manage it. And then, just the self such time as I may consume. wanted, but it is a solution that has cost. It is fitting that H.R. 987, a bill that worked and has created some stability As I said before, premiums way too would protect the progress of the Af- and predictability in the insurance high; deductibles too high; people fordable Care Act, should include lan- markets in the face of an administra- forced to buy an insurance product guage that would reinforce the Federal tion that seeks chaos. that they could not use. navigator program, which provides out- Because the tax credits are People would go in and say, oh, I got reach, education and enrollment assist- benchmarked to the silver plans, silver coverage. Okay. But your coverage is ance to consumers looking to buy loading has meant that most who re- you still got to pay the first $10,000 in health insurance. ceive subsidies did not see an increase deductible. And people say, what? That This administration has slashed in their health insurance premiums. In is not very good insurance. funding for Federal marketplace navi- fact, new data shows that 2.6 million Well, that is what we created in this gators in recent years, with some exchange consumers are now paying national healthcare delivery system. States facing cuts near 96 percent, un- lower premiums as a result of silver The public rendered judgment, as dermining the exchanges and hindering loading. they do, through the political process. the ability of consumers to choose the States that allowed for silver loading Republicans came back into control. insurance plan that works best for as a way to cope with the manufac- Now, what we are trying to do is re- them. tured chaos that the administration turn to federalism. We have returned My background in education makes tried to inflict on the market actually to States’ regulation of insurance; pro- it hard for me to understand why we saw an increase in enrollment in the vide more options to consumers. That would ever want to eliminate tools to exchange. is what is occurring now, so the higher help educate the public about how to The administration has to stop try- cost or the costs are going down. In access healthcare. It is even harder for ing to sabotage the Affordable Care fact, I think there was a projection me to understand why we would want Act. My amendment expresses that it that 30 percent—there was 30 percent to limit this critical funding just to is the sense of Congress that the Sec- increases until this last cycle, when States that operate within the Federal retary of HHS shall not do anything to there was a 3 percent increase. Why? marketplace. prohibit the use of silver loading to Well, because, under the law, there Residents in States like California, stabilize the health insurance market- are 1332 waivers which allow States to New York, Minnesota, and Connecticut places. present another package; and you see deserve to have the same opportunity Mr. Chairman, I reserve the balance our citizens, our constituents, voting as people throughout the rest of the of my time. with their feet to go to these State- country to learn about their healthcare Mr. SHIMKUS. Mr. Chairman, I based plans. That is a good thing. options, to learn how to sign up for claim the time in opposition. So we are trying—we don’t want to coverage, and to learn how this cov- The Acting CHAIR. The gentleman turn the clock back again. So that is erage will work. from Illinois is recognized for 5 min- why I would ask my colleagues to vote And so my amendment would open utes. ‘‘no’’ on the gentlewoman’s amend- navigator funds to State-run market- Mr. SHIMKUS. Mr. Chairman, I re- ment. Although brought well-inten- places, so that my home State of Con- serve the balance of my time. tioned and lovingly, I know. necticut, and the 11 other States that Ms. SHALALA. Mr. Chairman, I yield Mr. Chairman, I reject that. I ask for back the balance of my time. operate a State-based exchange, could a ‘‘no’’ vote, and I yield back the bal- benefit from this funding. Mr. SHIMKUS. Mr. Chairman, obvi- ance of my time. ously, I rise in opposition to this, and The Affordable Care Act helped more The Acting CHAIR. The question is than 20 million Americans sign up for I understand my colleague from Flor- on the amendment offered by the gen- ida’s great expertise in this area and health insurance. People of color expe- tlewoman from Florida (Ms. SHALALA). rienced some of the largest gains in served in the previous administration. The amendment was agreed to. But when you have to subsidize a coverage under the Affordable Care AMENDMENT NO. 8 OFFERED BY MRS. HAYES plan—there are a couple of problems. Act, finally reducing longstanding ra- The Acting CHAIR. It is now in order First of all, before ObamaCare came cial disparities. to consider amendment No. 8 printed in into being, or the Affordable Care But in recent years, my own State’s House Report 116–61. Act—I am not trying to be disrespect- exchange, Access Health CT Exchange, Mrs. HAYES. Mr. Chair, I have an ful—insurance was regulated by States. experienced a marked decrease in en- amendment at the desk. The new law yanked that away from rollment with communities of color; a The Acting CHAIR. The Clerk will worrisome sign that the progress that States to the point where they created designate the amendment. a system of mandatory coverage that has been made in healthcare coverage The text of the amendment is as fol- with the passage of the Affordable Care was unaffordable. lows: So then part of the plan was, well, we Act may be slipping through our fin- Page 47, line 3, strike ‘‘Grants under’’ and need to subsidize these plans because, gers. insert ‘‘Subject to subparagraph (C), grants Cutting funding to the navigator and actuarially, they are not going to work under’’. without government intervention. Page 47, line 6, strike ‘‘subparagraph’’ and outreach programs represents under- Now, the Court case on this, we insert ‘‘subparagraphs’’. handed attacks on the people that need thought—and actually, I guess the Page 47, line 18, strike the end quotations healthcare the most. It is part of this Court case is still pending. Can the and the second period. administration’s subtle strategy to roll Federal Government force someone to Page 47, after line 18, insert the following: back the protections of the Affordable buy something they don’t want to buy? ‘‘(C) STATE EXCHANGES.—For the purposes Care Act by reducing healthcare access of carrying out this subsection, with respect as a last-ditch effort. And we probably will hear another rul- to an Exchange operated by a State pursuant ing on that. Initially, they said, yeah. to this section, there is authorized to be ap- The simple fact is that brokers do The real debate shifted to: Does the propriated $25,000,000 for fiscal year 2020 and not always serve these communities. Federal Government have the power to each subsequent fiscal year. Each State re- There is an urgent need to reinforce tax, versus do you have the power to ceiving a grant pursuant to this subpara- and expand outreach programs to make force someone to buy something they graph shall receive a grant in an amount sure that we are reaching people in all don’t want to buy? that is not less than $1,000,000.’’. zip codes, of all demographics. So the Supreme Court, in that ruling, The Acting CHAIR. Pursuant to State-based exchanges are already said, since the Federal Government has House Resolution 377, the gentlewoman doing their part to be flexible, to invest

VerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.066 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3881 in outreach, and to partner with all $200,000 to enroll a grand total of 1 per- advantage policy, that goes away too. communities. Access Health CT even son; and they found the top 10 most ex- Veterans with TRICARE? Democrats’ expanded their open enrollment period pensive navigators collected 2.77 mil- Medicare for All program, that is gone, this year after the Texas v. United lion taxpayer dollars, 2.77, Mr. Chair- too. States decision was unveiled in Decem- man. b 1545 ber. The exchange knew that it had to Do you know how many people they combat misinformation—that the Af- signed up? 314. It is kind of ironic to talk about how fordable Care Act was still intact, de- They want to add $25 million more on wonderful the Affordable Care Act is spite the Texas decision—and that peo- top of the $62,500,000 in grants. We are working for Americans, who, by the ple could still sign up for coverage. talking about less than 1 percent. way, tell me: ‘‘Look, I am getting State-based exchanges need all the Meanwhile, while they are talking stuck with the highest deductibles and help they can get to support these ef- about oh, we have got to educate peo- premiums I have ever seen. I can’t af- forts. ple about all their options, then they ford it.’’ Mr. Chair, I reserve the balance of put a gag rule in here that says, can’t We had an example from Grand Is- my time. talk to you about short-term duration land, Nebraska, last week. A 60-year- Mr. WALDEN. Mr. Chairman, I rise plans. Oh, no, we can’t educate about old couple makes $70,000 a year. They in opposition to the amendment. that choice. No, you can’t know about were paying $38,000 in premiums and The Acting CHAIR. The gentleman that. No, we are going to stop that. Oh, $11,000 in deductibles. from Oregon is recognized for 5 min- and you can’t know about association That is affordable insurance? I don’t utes. health plan options either. It might be think so. Mr. WALDEN. Mr. Chairman, I re- better for you and your family and ac- That is why we think States should serve the balance of my time. tually be more affordable. No, no, no, have the ability to experiment and reg- Mrs. HAYES. Mr. Chairman, how because that is not our Federal deci- ulate plans at the State level, as they much time do I have? sion here. They decide, and they don’t did under ObamaCare. The Acting CHAIR. The gentlewoman want you to even know. So navigators All that talk about junk plans and has 2 minutes remaining. can’t talk about those things. That is all that, by the way, those were ap- Mrs. HAYES. Mr. Chair, I want to gagged in this law. proved under ObamaCare. Those were point out that an estimated 90 million The amazing thing we never hear allowed under ObamaCare. Trump just Americans still have low health lit- about is the good work of the Trump allowed them to be there longer. But eracy. These people are disproportion- administration and the economy as it because he changed something, there is ately lower-income Americans, elderly has taken off. And I say that in the this automatic partisan response. Americans, and Americans with low context that we have seen the lowest I think we all ought to come together English proficiency. here. I have fought my entire legisla- There is a clear need and urgency for unemployment rates for virtually every American and group of Ameri- tive career in Oregon and here to make the Federal Government to help these healthcare more affordable. people in States that operate State- cans; whether it is African Americans, Hispanic Americans, you name it, we The underlying drug bills, there is no based exchanges, and there is precedent light between us, none, between Repub- for my amendment. My State exchange are seeing, the lowest rates, in some cases, since they began keeping track licans and Democrats. Those bills came has received roughly $3 million for the out of committee unanimously. In-Person Assister program from the of unemployment. So the economy is doing really well. The only reason we are having this Federal Government. Over 3 percent GDP growth the first fight on the floor today is because The bottom line is that the rules of somewhere along the way, the political the road have changed since changing quarter. So what has that meant for insur- operatives, Mr. Chairman, decided to the requirement to provide healthcare ance? bolt these two unrelated sets of bills coverage to all Americans. There has We have heard the constant, unre- together. They knew it would be kind never been a greater need to shore up lenting attacks; you might as well use of a poison pill and kind of fun to programs that make certain working impeachment here at some point prob- watch Republicans squirm on the floor. Americans, especially underserved pop- ably today. That is why we are here. ulations, are protected and insured; Look, the number of Americans in The ObamaCare bills we are voting that people in all communities know employer health coverage has in- on today just dump more money into what their options are and know when creased by more than 2.5 million since programs that investigations have and how to access these benefits. President Trump took office. Two-and- shown are filled with fraud and abuse. I strongly support H.R. 987. I think one-half million more Americans How can you justify putting another that my amendment will make it even aren’t having to get their healthcare $25 million into a program where the better. top 10 most expensive navigators col- I urge my colleagues to support this through the government and tax- lected $2.77 million and signed up a amendment. payers. They are getting it through a grand total of 314 people? Who in their Mr. Chair, I yield the balance of my job and their employer. right mind in private business, Mr. time to the gentleman from New Jer- In fact, today, there is a greater per- Chairman, would make that kind of in- sey (Mr. PALLONE), the leader of this centage of Americans in employer vestment? important bill. health coverage since Trump took of- Mr. PALLONE. Mr. Chairman, I just fice than any time since 2000, any time The Las Vegas Review-Journal said, think that the navigator program is so since 2000. after reading that, ‘‘The navigator important, and all the outreach that See, there is another way to provide scheme is a make-work government we have in these bills is very impor- healthcare and that is through a job. jobs program rife with corruption and tant. I obviously support the gentle- Now, I know those who support a full highly susceptible to scam artists.’’ woman’s amendment because every ef- Federal takeover of everybody’s health Mr. Chairman, my time has expired. I fort to reach out and educate people insurance don’t like to hear that be- yield back the balance of my time. about their options in the marketplace cause, see, they don’t think that em- The Acting CHAIR. The question is is so important. ployers should offer health insurance. on the amendment offered by the gen- Mrs. HAYES. Mr. Chairman, I yield They think only the government tlewoman from Connecticut (Mrs. back the balance of my time. knows best. And so their Medicare for HAYES). Mr. WALDEN. Mr. Chairman, I yield All plan, which would cause great The amendment was agreed to. myself such time as I may consume. delays in access to care, drive up costs, AMENDMENT NO. 9 OFFERED BY MRS. MCBATH So let’s talk about the navigator pro- you would pay more; but it would take The Acting CHAIR. It is now in order gram. They enroll less than 1 percent away your health insurance. If you get to consider amendment No. 9 printed in today, less than 1 percent. it from your employer, or if you get it House Report 116–61. Wall Street Journal reported an in- from your union, or if you are a senior Mrs. MCBATH. Mr. Chair, I have an vestigation that one grantee took in on Medicare and you have a Medicare amendment at the desk.

VerDate Sep 11 2014 04:57 May 17, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.068 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3882 CONGRESSIONAL RECORD — HOUSE May 16, 2019 The Acting CHAIR. The Clerk will ing. I have even met with my own local Therefore, I would be inconsistent if designate the amendment. pharmacists many, many times to dis- I didn’t agree with the lady that more The text of the amendment is as fol- cuss my own prescriptions. education is better, because I have to lows: They are very intelligent individuals tell you that these short-term plans—I At the end of title I of the Rules Com- who are relied on by their community believe that the other side refers to mittee Print, add the following: daily. By instilling them with the in- them as the junk plans. I have always Subtitle D—Pharmacy School Outreach formation that they need to know to said, if they are junk plans now, then SEC. 131. PHARMACY SCHOOL OUTREACH. best help those whom they serve, we they were junk plans during the Obama The Secretary of Health and Human Serv- will all be better off. administration, because they were ices and the Secretary of Education shall Mr. Chair, I urge all my colleagues to being offered then. make every effort necessary to ensure appro- support this amendment and the under- But those short-term plans, we need priate outreach to institutions of higher edu- lying package. to let people know about them. That is cation to ensure that students and faculty at Mr. Chair, I reserve the balance of schools of pharmacy are provided with mate- why I made an amendment in the com- my time. mittee to educate the public about the rials regarding generic drugs and biosimilar Mr. WALDEN. Mr. Chairman, I rise biological products, including materials on— availability of these plans. Unfortu- (1) how generic drugs and biosimilar bio- in opposition to the amendment. nately, my colleagues on the other side logical products are equivalent or similar to The Acting CHAIR. The gentleman of the aisle disagreed with that, feeling brand-name drugs; from Oregon is recognized for 5 min- that, no, they don’t need to know (2) the approval process at the Food and utes. about it. Drug Administration for generic drugs and Mr. WALDEN. Mr. Chair, I reserve Here we have an opportunity to let biosimilar biological products; the balance of my time. people know more, and I have to admit (3) how to make consumers aware of the Mrs. MCBATH. Mr. Chair, I yield my- that I would be in favor of that. I availability of generic drugs and biosimilar self as much time as I might consume. biological products; Mr. Chair, I would like to say that, thank the gentlewoman for offering (4) requirements for substituting generic as a two-time breast cancer survivor this amendment. Where I might be a drugs and biosimliar biological products in myself, I have relied many, many times little bit ambivalent toward which way place of corresponding drugs products; and to go, I have to admit that consistency (5) the impacts of generic drugs and bio- on the specific information and guid- ance that has been given to me by my is important. Short-term plans, we similar biological products on consumer need to let people know about them. I costs. own pharmacist. Our pharmacists should be allowed to fought for that. So I don’t think I The Acting CHAIR. Pursuant to would be consistent if I went against House Resolution 377, the gentlewoman be able to give resource information to help the patients that they serve. By this. from Georgia (Mrs. MCBATH) and a tying their hands and not being able to I thank the gentlewoman for offering Member opposed each will control 5 this. minutes. give them the information that they need to really best serve their patients, Mr. WALDEN. Mr. Chair, I yield my- The Chair recognizes the gentle- self such time as I may consume. woman from Georgia. we do them a great disservice. I truly believe that this information Mr. Chairman, I appreciate the com- Mrs. MCBATH. Mr. Chair, I yield my- is very relevant. Giving pharmacists ments of my friend from Georgia, a dis- self such time as I may consume. the ability they need to do their jobs is tinguished member of the Energy and Mr. Chair, I am so proud to be voting of great importance. Commerce Committee. today to stabilize healthcare for mil- Mr. Chair, I yield back the balance of We really have come to rely upon Mr. lions of Americans and to bring down my time. CARTER for his guidance, especially on the cost of prescription drugs. Mr. WALDEN. Mr. Chairman, I yield areas related to pharmacies and trying I came to Congress, like many of my such time as he may consume to the to get the costs of prescription drugs fellow colleagues, to protect healthcare gentleman from Georgia (Mr. CARTER), down for consumers. We are all about for my constituents with preexisting America’s only pharmacist in the U.S. that. conditions and to make healthcare House of Representatives and a distin- We worked together in the last Con- more affordable and accessible. I my- guished gentleman from the Energy gress to empower the FDA to get more self have a preexisting condition, hav- and Commerce Committee. generics to market sooner so we have ing suffered breast cancer twice. Mr. CARTER of Georgia. Mr. Chair, I more competition. That was a bipar- My amendment today is focused on thank the ranking member for yielding tisan bill. ensuring that our future pharmacists and for the opportunity to speak on That is the way we operated in the and those in the workforce are pro- this bill. last Congress, Mr. Chairman, as Repub- vided with materials regarding generic Mr. Chair, first of all, let me begin by licans and Democrats. I led the com- drugs and biosimilar biological prod- thanking the gentlewoman from Geor- mittee, and we revamped everything at ucts. Specifically, it would have the gia for proposing this amendment. Al- the FDA in generics, on medical device Secretary of Health and Human Serv- though I do find it unnecessary in a lot approvals, and on pharmaceuticals so ices and the Secretary of Education of ways, I have to admit that I applaud we could benefit the patient first. make every effort necessary to ensure her, because educating our healthcare We brought those bills to the floor appropriate outreach to institutions of professionals and, therefore, educating unanimously. We didn’t mess around higher education to ensure that stu- the public about what is available is with them and package them up with dents and faculty at schools of phar- extremely important. poison pills. We said: Let’s go legislate, macy are provided with appropriate I do have to tell you that I feel the and let’s get this done. And they did. materials. pharmacy schools already do a good job They got done. They got into law, This will allow for students and fac- of this, and this might be somewhat re- signed by President Trump. ulty to have material on how generic dundant. However, the underlying And guess what? Last year, the FDA drugs and biosimilar biological prod- point is that more education is better approved more generics in one year ucts are equivalent or like brand-name even if it is overkill, if you will. than at any time in its history. So we drugs, the impact of these products on Now, you ask me how I can say that. did do things, led by Republicans in the consumer costs, requirements for sub- I have to say that I have to be con- House, the Republican leader of the stituting these types of drugs with cor- sistent, and I have been consistent Senate, and President Trump, joining responding drug products, the impacts throughout that we need to educate with Democrats, just as we have at- of these products on consumer costs, the public. tempted to do on the drug bills before and more. In fact, if we look back at the debate us today. Pharmacists spend a great deal of that we have had in the committee We are in full agreement. Stop the time with individuals when they come when we have been talking about the bad behaviors, get competition into the to the counter to fill an order. They short-term plans, I made the point that market, and bring down costs of drugs. provide guidance and educate patients we need to educate the public as to But we also believe we should make on the prescriptions that they are tak- what is available. They need to know. sure Americans have choices that are

VerDate Sep 11 2014 04:57 May 17, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.071 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3883 more affordable when it comes to their (6) the percentage of individuals who enroll Time and time again, we have seen insurance. in a qualified health plan through each of— Republicans and the administration at- Democrats voted for ObamaCare. (A) the website; tempt to undermine the important They blocked every amendment we had (B) the call center; (C) navigators; work of the Affordable Care Act. as Republicans at the time that was (D) agents and brokers; In addition to attempting to strip legislated. Remember, the former (E) the enrollment assistant program; away protections for preexisting condi- Speaker, now Speaker again, said you (F) directly from issuers or web brokers; tions or reducing coverage for Medicaid have to pass it so you can find out and recipients, the administration is trying what is in it. It is kind of an odd way (G) other means. to depress coverage by cutting con- to legislate, but, anyway, here we are. (b) OPEN ENROLLMENT AFTER ACTION RE- sumer outreach and marketing for the By the way, the short-term plans PORT.—For plan year 2020 and each subse- quent year, the Secretary, in coordination ACA. Not only does sabotaging the en- they call junk plans on that side, Mr. with the Secretary of the Treasury and the rollment process make it harder for the Chairman, those short-term plans are Secretary of Labor, shall publish an after ac- American people to get health cov- the same ones we are debating today, tion report not later than 3 months after the erage, but it also drives up costs. except all President Trump did is say completion of the annual open enrollment Unfortunately, this strategy has been you can have them a little longer, be- period regarding the performance of the Fed- working. We are currently at our high- cause guess what? For some people, it eral Exchange for the applicable plan year. est uninsured rate in 4 years, with Af- is the only affordable health insurance Each such report shall include a summary, including information on a State-by-State fordable Care Act enrollment rates de- they have access to in their States. basis where available, of— clining every year this President has They are regulated by the States. (1) the open enrollment data reported been in office. They are not unregulated. States can under subsection (a) for the entirety of the Everyday Americans, like the folks do all kinds of things. We should em- enrollment period; and in my district in southeastern Pennsyl- power them to do things to make in- (2) activities related to patient navigators vania, can’t afford more barriers to surance more affordable. described in section 1311(i) of the Patient healthcare. When their choice is often Protection and Affordable Care Act (42 Unlike my friends on the other side, between putting food on their table or Mr. Chairman, they want to gag the U.S.C. 18031(i)), including— (A) the performance objectives established going to the doctor, it is important navigators so they can’t even tell them by the Secretary for such patient navigators; that people have more information and about alternatives that may actually (B) the number of consumers enrolled by access to the Affordable Care Act mar- benefit them and be more affordable. such a patient navigator; ketplaces, not less. The plans that the other side of the (C) an assessment of how such patient My amendment would require greater aisle is railing against today, Mr. navigators have met established perform- transparency from the administration Chairman, are plans that are very ance metrics, including a detailed list of all patient navigators, funding received by pa- by requiring the Secretary of Health much like the ones that were approved and Human Services to provide vital under President Obama and tient navigators, and whether established performance objectives of patient navigators statistics on plan enrollment, out- ObamaCare. It is just that President were met; and reach, and advertising, and the overall Trump said you can have them for (D) with respect to the performance objec- performance of the programs within longer if they work for you. But the tives described in subparagraph (A)— the ACA. States can come in and say, no, no. (i) whether such objectives assess the full This information will allow Congress My State says just 3 months. That is scope of patient navigator responsibilities, to perform better, quicker oversight on it. Boom. Other States say 30 days. including general education, plan selection, Health and Human Services’ attempts Some States say none at all. and determination of eligibility for tax cred- Mr. Chairman, I am not going to op- its, cost-sharing reductions, or other cov- to roll back information and outreach pose this amendment, and I yield back erage; for potential Affordable Care Act en- (ii) how the Secretary worked with patient the balance of my time. rollees. navigators to establish such objectives; and No longer will the administration be The Acting CHAIR. The question is (iii) how the Secretary adjusted such ob- on the amendment offered by the gen- able to hide its lack of investment in jectives for case complexity and other con- ACA outreach and education or refuse tlewoman from Georgia (Mrs. MCBATH). textual factors. The amendment was agreed to. (c) REPORT ON ADVERTISING AND CONSUMER to turn over data on how its say-noth- AMENDMENT NO. 10 OFFERED BY MS. SCANLON OUTREACH.—Not later than 3 months after ing sabotage is hurting Americans. The Acting CHAIR. It is now in order the completion of the annual open enroll- Mr. Chair, I encourage Members on ment period for the 2020 plan year, the Sec- both sides of the aisle to support this to consider amendment No. 10 printed retary shall issue a report on advertising and in House Report 116–61. commonsense amendment, and I re- outreach to consumers for the open enroll- serve the balance of my time. Ms. SCANLON. Mr. Chairman, I have ment period for the 2020 plan year. Such re- an amendment at the desk. port shall include a description of— b 1600 The Acting CHAIR. The Clerk will (1) the division of spending on individual Mr. WALDEN. Mr. Chairman, I seek designate the amendment. advertising platforms, including television The text of the amendment is as fol- and radio advertisements and digital media, time in opposition to the gentle- lows: to raise consumer awareness of open enroll- woman’s amendment. The Acting CHAIR (Mr. AGUILAR). Page 50, insert after line 2, the following: ment; (2) the division of spending on individual The gentleman from Oregon is recog- SEC. 205. CONSUMER OUTREACH, EDUCATION, AND ASSISTANCE. outreach platforms, including email and text nized for 5 minutes. (a) OPEN ENROLLMENT REPORTS.—For plan messages, to raise consumer awareness of Mr. WALDEN. Mr. Chairman, I re- year 2020 and each subsequent year, the Sec- open enrollment; and serve the balance of my time. retary of Health and Human Services (re- (3) whether the Secretary conducted tar- Ms. SCANLON. Mr. Chairman, I ferred to in this section as the ‘‘Secretary’’), geted outreach to specific demographic groups and geographic areas. would just, again, urge Members from in coordination with the Secretary of the both sides of the aisle to support this The Acting CHAIR. Pursuant to Treasury and the Secretary of Labor, shall bill, and I yield back the balance of my issue biweekly public reports during the an- House Resolution 377, the gentlewoman time. nual open enrollment period on the perform- from Pennsylvania (Ms. SCANLON) and ance of the Federal Exchange. Each such re- a Member opposed each will control 5 Mr. WALDEN. Mr. Chairman, I thank port shall include a summary, including in- minutes. the gentlewoman from Pennsylvania formation on a State-by-State basis where The Chair recognizes the gentle- for her amendment. We are not going available, of— woman from Pennsylvania. to object to the amendment. The ex- (1) the number of unique website visits; Ms. SCANLON. Mr. Chair, I yield my- changes already do a lot of this report- (2) the number of individuals who create an self such time as I may consume. ing, and more information is better account; than less. (3) the number of calls to the call center; Mr. Chair, I rise today in support of (4) the average wait time for callers con- an amendment to require greater ac- Now, I want to talk about these tacting the call center; countability from the Department of short-term, State-regulated, limited (5) the number of individuals who enroll in Health and Human Services with re- duration insurance policies because I a qualified health plan; and spect to the Affordable Care Act. think I have got a chart here, and we

VerDate Sep 11 2014 04:57 May 17, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.073 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3884 CONGRESSIONAL RECORD — HOUSE May 16, 2019 will put it in the RECORD that there are cent of the plan enrollments in 2018 on ing for this program has plummeted 27 of our States, Mr. Chairman—27— the Federal platform exchanges—42 from $62.5 million to just $10 million. that have decided that short-term percent. Mr. Chairman, navigators do 1 The President also cut digital TV and plans are good for their people to be percent. And my friends on the other radio advertising by 90 percent, reduc- able to take advantage of. There are side of the aisle want to keep dumping ing investment from $100,000,000 to $10 States from Alaska to Wyoming, from more and more money into the navi- million. The failure to use Federal Kansas to Iowa, to Idaho and Pennsyl- gator program that, as I pointed out funding for these activities leaves it to vania where you can go up to 364 days. earlier, we found all kinds of wasteful the States to fill in the gaps and puts Now, there are 12 other States that spending in. on them the burden for the continued have said, you know: We want to limit So there is really an issue about success of State and Federal ex- these to 6 months. That includes places spending. We know the results. We changes. like Colorado and Arizona and Nevada know there is a much better way to do My amendment directs the U.S. Gov- and Oklahoma, North Dakota. this. ernment Accountability Office to con- Then there are eight States, Mr. So, Mr. Chairman, I am not going to duct a study of these cuts to detail how Chairman, that said: No, we want 3 oppose this particular amendment. It is reduced funding has harmed enroll- months. We think that is all we need in fine, and more information is better ment across the Nation and the result- places like Oregon, Hawaii, or New than less. ing costs to our Nation’s families. Mexico. Mr. Chairman, I yield back the bal- Funding for ACA outreach is essen- Then there are four States—Cali- ance of my time. tial to ensuring that Americans know fornia, Massachusetts, New Jersey, and The Acting CHAIR. The question is their options and their healthcare ben- New York—that said: No, we are just on the amendment offered by the gen- efits. Without public messaging cam- not going to allow any of these options tlewoman from Pennsylvania (Ms. paigns, many people have been left in our State. SCANLON). confused about the open enrollment Guess what. That is federalism. They The amendment was agreed to. process, when they can begin signing get that right. AMENDMENT NO. 11 OFFERED BY MR. MORELLE up for coverage, and the deadline for Now, I know my friends on the other The Acting CHAIR. It is now in order enrolling before the new year. side of the aisle would like to take to consider amendment No. 11 printed As we approach planning for the 2020 away that ability for these short-term in House Report 116–61. enrollment season, we need to fully un- duration, State-regulated plans and re- Mr. MORELLE. Mr. Chairman, I have derstand the results of the cuts to out- move options from consumers, and I an amendment at the desk. reach and advertising that were put in don’t think that is the way to go. It is The Acting CHAIR. The Clerk will place in recent years. That is what my an honest disagreement here that we designate the amendment. amendment seeks to do. have, Mr. Chairman, between the par- The text of the amendment is as fol- I want to thank my colleague Con- ties. lows: gresswoman WEXTON for joining me in I have seen a lot of innovation come Page 47, after line 18, insert the following: these efforts, and I ask my colleagues out of my home State of Oregon. I was (b) STUDY ON EFFECTS OF FUNDING CUTS.— to support this amendment. meeting with one of our former Gov- Not later than 1 year after the date of the I thank the chair and the ranking ernors, John Kitzhaber, this morning, enactment of this Act, the Comptroller Gen- member for their work, and I reserve talking about the effect of the coordi- eral of the United States shall study the ef- the balance of my time. nated care organizations, and they fects of funding cuts made for plan year 2019 Mr. WALDEN. Mr. Chairman, I seek have been able to actually bend the with respect to the navigator program (as time in opposition to the gentleman’s cost curve and improve access to deliv- described in section 1311(i) of the Patient amendment. ery of care by having the flexibility, in Protection and Affordable Care Act (42 The Acting CHAIR. The gentleman U.S.C. 18031(i))) and other education and out- some cases through waivers, to bring reach activities carried out with respect to from Oregon is recognized for 5 min- providers together, match them up Exchanges established by the Secretary of utes. with patients, and deliver care more ef- Health and Human Services pursuant to sec- Mr. WALDEN. I reserve the balance ficiently and more effectively and with tion 1321(c) of such Act. Such study shall de- of my time. better outcomes. That should be what scribe the following: Mr. MORELLE. Mr. Chairman, I we are debating today: How do we get (1) How such funding cuts negatively im- yield the remainder of my time to the to better outcomes? pacted the ability of entities under such pro- gentlewoman from Virginia (Ms. We should also be debating how we gram to conduct outreach activities and ful- WEXTON), my colleague. get healthcare costs down, Mr. Chair- fill duties required under such section 1311(i). Ms. WEXTON. Mr. Chairman, I thank (2) The overall effect on— man. We are doing a bit of that with (A) the number of individuals enrolled in the Representative for offering this the drug bills. health insurance coverage offered in the in- amendment and for yielding. It is unfortunate. It didn’t have to be dividual market for plan year 2019; and This amendment requests a GAO re- this way that they got made into par- (B) the costs of health insurance coverage port on how funding cuts to the navi- tisan issues, because there is no par- offered in the individual market. gator program and to Affordable Care tisan divide on those bills. It is the fact Page 47, line 19, strike ‘‘(B)’’ and insert Act marketing and outreach have im- that, you know, bailing out some of ‘‘(C)’’. pacted health insurance enrollment these programs in ObamaCare that are The Acting CHAIR. Pursuant to and the cost of coverage on the indi- so expensive. House Resolution 377, the gentleman vidual markets. When it costs $2.40 per enrollee for from New York (Mr. MORELLE) and a Navigator programs provide critical agents and brokers to assist in enroll- Member opposed each will control 5 assistance to consumers by raising ment and $767 if you spent $62.5 million minutes. awareness about the availability of in grants and they enrolled 81,000 indi- The Chair recognizes the gentleman marketplace plans, assisting people as viduals, it averages out, just a rough from New York. they apply for Federal subsidies, and average, to over $700, why would we Mr. MORELLE. Mr. Chairman, I rise providing impartial information about pour more money into the navigators today to offer an amendment intended different marketplace plans. Impor- that cost 700 bucks and then say: Oh, to detail the full harm done to our Na- tantly, these programs help otherwise by the way, these agents and brokers tion by the White House’s sabotage of hard-to-reach groups get health insur- can’t do anything to keep them out of the Affordable Care Act. ance coverage, including people living this? Last summer, the Centers for Medi- in rural and underserved communities. The Trump administration actually care and Medicaid Services announced The Trump administration has made expanded the authority for the agents a 70 percent cut, $26 million to the significant funding cuts to the navi- and brokers to be involved, leveraging navigators program that provides in- gator program, however, providing that private-sector help, and do you person assistance to people who wish to only $10 million in funding for the pro- know what? They support 3,660,000 sign up for insurance through the Af- gram for 2019, an 80 percent reduction health plan enrollments. That is 42 per- fordable Care Act. In just 2 years, fund- over the past 2 years.

VerDate Sep 11 2014 04:57 May 17, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.076 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3885 Navigator funding in my home State my friends on the other side of the Mr. Chairman, I yield back the bal- of Virginia has been reduced by an as- aisle want to shovel more money into ance of my time. tounding 76 percent between 2016 and that program. I think that is the 2018, down from approximately $2.2 mil- height of fiscal irresponsibility. b 1615 lion in 2016 to just $525,000 in 2018. To See, for $2.7 million, if we put that The Acting CHAIR. The question is manage these cuts, programs have had into community health centers, Mr. on the amendment offered by the gen- to lay off staff, close offices, and limit Chairman, do you know how many peo- tleman from New York (Mr. MORELLE). their availability to help consumers. ple we could cover? We could take care The amendment was agreed to. The administration’s cuts hamper of 20,000 patients, according to one esti- AMENDMENT NO. 12 OFFERED BY MS. WATERS navigators’ ability to do their jobs, mate—20,000. The Acting CHAIR. It is now in order leaving many consumers on their own Health centers are really, really im- to consider amendment No. 12 printed during the enrollment process, and, as portant to me and my constituents. We in House Report 116–61. a result, people may not obtain cov- have 63 different places in my district, Ms. WATERS. Mr. Chairman, I have erage on the individual market, caus- which is bigger than eight States east an amendment at the desk. ing people who do get coverage to see of the Mississippi, Mr. Chairman, The Acting CHAIR. The Clerk will their premiums increase. where people get their healthcare in designate the amendment. Constituents in my district and peo- our communities. We have to reauthor- The text of the amendment is as fol- ize this year, by the end of September, ple throughout the U.S. rely on naviga- lows: our community health centers. tors to learn about coverage options At the end of title I of the Rules Com- and to enroll in the best possible Now, when I was chairman, we did that at a record level because they de- mittee Print, add the following new subtitle: healthcare plans for them. We need to Subtitle D—Reports know how the administration’s drastic liver record good healthcare. We have had no plan yet to figure out how to SEC. 131. EFFECTS OF INCREASES IN PRESCRIP- funding cuts have impacted the indi- TION DRUG PRICE. vidual markets, and this amendment pay for that, but you are going dump $25 million more into this navigator Not later than 1 year after the date of en- will allow us to do that. actment of this Act, the Secretary of Health Mr. MORELLE. Mr. Chairman, I program. Why don’t we put it into ac- and Human Services shall submit a report to yield back the balance of my time. tual healthcare? the Congress on the extent to which in- Mr. WALDEN. Mr. Chairman, it is in- We reauthorized the Children’s creases in prescription drug prices may have Health Insurance Program under Re- teresting; the prior amendment that caused Medicare beneficiaries to forego rec- publicans and fully funded it for a dec- passed added $25 million more to this ommended treatment, including failing to ade. The longest that had ever been fill prescriptions. navigator program. For the plan year done was 5 years, and, unfortunately, 2017, navigators received a total of $62.5 The Acting CHAIR. Pursuant to most of my friends on the other side of million in grants and yet only enrolled House Resolution 377, the gentlewoman the aisle voted repeatedly against 81,426 individuals. That is less than 1 from California (Ms. WATERS) and a doing that for a whole host of reasons, percent of the total enrollees. Member opposed each will control 5 but they voted ‘‘no.’’ In Oregon, we You see, the issue here isn’t whether minutes. have 122,700 children and expectant we should or shouldn’t enroll more peo- The Chair recognizes the gentle- moms that rely on CHIP, SCHIP, part- ple. The issue is who is most efficient woman from California. nership with the State for their health with the taxpayer or private-sector Ms. WATERS. Mr. Chairman, my insurance. dollar to do that. amendment requires the Department of So there are a lot of things we can in- Health and Human Services to submit We keep pouring more and more vest in with the proceeds from the sav- money into this navigator program and to Congress a report on the extent to ings from the drug bills, but investing which increases on prescription drug we know there is all this, well, I guess in the navigator program? $5,000 per I am going to call it waste. I don’t prices may have caused Medicare bene- enrollee? ficiaries to forego recommended treat- know if it is fraud. There are 100 navigators, that is all ment, including failing to fill their pre- But holy smokes, as I have said be- they did? One for 200,000, enrolled one scriptions. fore, one grantee, according to The person? I mean, come on. There has got Drug prices have increased signifi- Wall Street Journal, took in $200,000 to be a better way to not spend the tax- and enrolled one person—one person. payers’ money than that. cantly over the past year. The Center You want to have a Government Ac- And so I think you look at the in- for American Progress reported that countability Office report and inves- credible growth in men and women nearly 30 drug companies announced tigation, let’s look at the underlying working in America, getting better last year that price increases will take program and how in the heck that paying jobs, bigger paychecks and effect in January. could happen. healthcare, 2.5 million since President Pfizer alone announced that it would And then they also found the top 10 Trump took office, and Republicans raise the prices of 41 different drugs. expensive navigators collected $2.77 put progrowth policies into the Tax Critical medications, including insulin million and signed up 314. Code, progrowth regulatory policies and opioid addiction treatments, have These aren’t my numbers. These are into the bureaucracy. already seen dramatic price increases The Wall Street Journal investigative Jobs are coming up. The biggest issue this year. reporters. You know, in the press, I run into with employers now is not These price increases are taking a these are facts, which caused the Las overregulation; it is: Where do I find toll on patients. The Kaiser Family Vegas Review-Journal to editorialize more people to work? Foundation reported that among those that: ‘‘The navigator scheme is a So we need to look at job training. currently taking prescription drugs, 24 make-work government jobs program We need to work at available work- percent of adults and 23 percent of sen- rife with corruption and highly suscep- force. But this, this amendment, I iors say it is difficult to afford their tible to scam artists. It’s a slush fund think, is, frankly, from my perspec- prescription drugs. This includes about for progressive constituent groups.’’ tive—with all due respect, GAO doesn’t one in ten respondents who say it is Not my words, that is the press. I need to waste their time on this nor very difficult. have a journalism degree. I have a the taxpayer’s money, and especially The Kaiser Family Foundation also great respect for the press and what after $25 million more was just signed found that certain groups are much they write. I don’t always agree with up in addition to—what?—$63 million, more likely to report difficulty afford- them. roughly, an enormous amount of ing medication, including those who But, look, when you take these inde- money into a program that I think has are spending $100 or more a month on pendent reviews and you look at what a lot of problems. And the editorial their prescriptions, that is 58 percent; is happening there, CMS reported that writers at the Review-Journal said, those who report being in fair or poor 17 of those navigators enrolled fewer ‘‘highly susceptible to scam artists,’’ health, about 49 percent; those who than 100 people at an average cost of ‘‘slush fund for progressive constituent take four or more prescription drugs, $5,000 per enrollee—$5,000. $5,000. And groups.’’ So I oppose the amendment. 35 percent; and those with incomes less

VerDate Sep 11 2014 04:57 May 17, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.078 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3886 CONGRESSIONAL RECORD — HOUSE May 16, 2019 than $40,000 per year, representing 35 gram under title XIX of the Social Security Mr. WALDEN. Mr. Chairman, I seek percent. Act or for child health assistance under time in opposition to the gentle- Furthermore, 29 percent of all adults State child health plans under title XXI of woman’s amendment. report not taking their medicines as such Act.’’; and The Acting CHAIR. The gentleman prescribed at some point in the past The Acting CHAIR. Pursuant to from Oregon is recognized for 5 min- year because of the cost, and 8 percent House Resolution 377, the gentlewoman utes. say their condition got worse as a re- from Texas (Ms. JOHNSON) and a Mem- Mr. WALDEN. Mr. Chairman, I re- sult of not taking their prescriptions ber opposed each will control 5 min- serve the balance of my time. as recommended. utes. Ms. JOHNSON of Texas. Mr. Chair- The Chair recognizes the gentle- Needless to say, when Medicare bene- man, I have no further statements, and woman from Texas. I yield back the balance of my time. ficiaries cannot afford their medica- Ms. JOHNSON of Texas. Mr. Chair- tions, their health will suffer. Mr. WALDEN. Mr. Chairman, I thank man, I rise today to support this the gentlewoman for her amendment. My amendment requires HHS to amendment. The amendment requires study the impact of increases in pre- I find it a bit interesting, though, navigators to receive training on how that under the navigator program, on scription drug prices on Medicare bene- to assist consumers with Medicaid and ficiaries and their health. the one hand, my friends on the other CHIP enrollment. side of the aisle say, Look, you can’t Mr. Chairman, I urge my colleagues This amendment has also been scored to support my amendment, and I re- talk about—in fact, you can’t tell any- by the Congressional Budget Office to body about association health plans serve the balance of my time. have no effect on direct spending or Mr. WALDEN. Mr. Chairman, I seek and those as options. revenue. You can’t educate the public, the time in opposition to the amendment, The health insurance navigator’s pro- but I am not necessarily opposed to the consumers about an opportunity to gram was created by the Affordable save money by having a state-regu- amendment. Care Act to assist individuals with se- lated plan. No, not under the navi- The Acting CHAIR. Without objec- lecting and enrolling in health insur- tion, the gentleman from Oregon is rec- gator. You can’t do that. ance coverage plans. And yet, with this amendment, they ognized for 5 minutes. They were intended to carry out pub- want to expand that knowledge, so There was no objection. lic education activities, provide infor- they can get training on the other gov- Mr. WALDEN. Mr. Chairman, I re- mation to prospective enrollees about ernment plans, Medicaid and CHIP en- serve the balance of my time. insurance options and Federal assist- Ms. WATERS. Mr. Chairman, we ance, and examine enrollees’ eligibility rollment. And that is not necessarily a have had extensive discussions for other Federal or State healthcare bad thing. I am not saying that is a bad throughout this Congress about the programs. thing. But what I am saying is, why plight of those who cannot afford pre- Fundamentally, their responsibility wouldn’t we want full education? Why scription drugs. was to help people make the best would we want, basically, a gag order We know what the statistics are. We healthcare decisions for themselves here that prevents the navigators from know the harm that is being caused to and their families. telling the consumers, Here are some families, and we know that there are Unfortunately, this essential pro- other options you may want to look at. preventable deaths if, in fact, people gram has been targeted in recent years, Now, they have limitations; they are could afford their prescription drugs. among others. The administration has regulated by your State; you need to be And so I would expect all of the Mem- slashed the open enrollment period in fully informed—in fact, really in- bers of the House of Representatives, half, slashed funding for consumer out- formed, because some of them don’t knowing this information, under- reach and enrollment education activi- cover everything—as we have heard— standing all of the research that has ties by 90 percent, and slashed funding because that was how it was designed been done, the data that has been col- for navigators by 84 percent. under President Obama’s plan, that lected, to simply support this amend- Because of this intentional sabotage, there would be these options and they ment in order to save lives. enrollment in the Federal marketplace wouldn’t be the fully covering plans, Mr. Chairman, I yield back the bal- has dropped each year under this Presi- but they were okay because they would ance of my time. dency. Mr. WALDEN. Mr. Chairman, I sup- In my home State of Texas, we are, fill a gap. unfortunately, deeply familiar with the And those are the same plans we port this amendment, and I yield back consequences of the lack of health in- have heard a lot about today that the balance of my time. surance. States regulate. And I would go back The Acting CHAIR. The question is Texas has the highest rate of unin- to the fact that in some States it is 3 on the amendment offered by the gen- sured people in the Nation, with 4.7 months. tlewoman from California (Ms. million people lacking coverage and Well, in 27 States they go up to al- WATERS). adequate access to healthcare. most 1 year, including States such as The amendment was agreed to. As representatives of Americans from Rhode Island and Tennessee, even AMENDMENT NO. 13 OFFERED BY MS. JOHNSON OF all corners of the country, we have a Texas, Virginia, Georgia and Idaho. TEXAS responsibility to ensure that our con- In 12 States, they go up to 6 months. The Acting CHAIR. It is now in order stituents and communities are knowl- In eight States, including mine, we to consider amendment No. 13 printed edgeable and can access the health in- said—in Oregon—just 3 months, that is in House Report 116–61. surance best suited for their individual all we are going to do in short-term du- Ms. JOHNSON of Texas. Mr. Chair- health needs. ration plans. man, I have an amendment at the desk. By voting in favor of this amend- California, Massachusetts, New York, The Acting CHAIR. The Clerk will ment, Congress will ensure that navi- New Jersey, said no. Zero. We are not designate the amendment. gators are fully equipped and informed going to allow them. The text of the amendment is as fol- to assist our families and children with That is okay. That is federalism. lows: their potential options within the Med- But why, in the navigator program, Page 46, beginning on line 17, amend clause icaid and CHIP programs. would we say, You can’t talk about (ii) to read as follows: I appreciate my colleagues on the things. (ii) by striking the period and inserting a Committee on Energy and Commerce I got a degree in journalism a long semicolon; and and their partnership in expanding time ago at the University of Oregon, Page 46, line 20, strike ‘‘clause’’ and insert training requirements for navigators, and I believe in the facts. And I believe ‘‘clauses’’. and in the Strengthening Healthcare marketplaces and consumers are better Page 46, line 23, strike the period and the end quotes. and Lowering Prescription Drug Costs served when they have complete infor- Page 46, after line 23, insert the following: Act. mation to make choices. ‘‘(iv) receive training on how to assist indi- Mr. Chairman, I urge my colleagues And I know that these insurance viduals with enrolling for medical assistance to support this amendment, and I re- products are on the market. Some are under State plans under the Medicaid pro- serve the balance of my time. fine, people like them.

VerDate Sep 11 2014 04:57 May 17, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.081 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3887 And I get these letters—I got one merce. It wasn’t heard in the Ways and seek to establish its own State-based from Tom in Medford—that talked Means Committee. It was heard in the healthcare exchange for 2021. It is quite about how his premium, I think, went Rules Committee, the Speaker’s com- possible that other States that may from 400-and-some dollars to $800 in 1 mittee. have held off in setting up similar ex- year. And he is not sure what he is This is a high priority for the Speak- change marketplaces and are contem- going to do. That was in October when er. This bill was heard in the Speaker’s plating those other possibilities could the new numbers came out. committee. That tells me that this is also be reconsidering setting up an ex- And meanwhile, when we put all this something that is highly likely to change, and that is the reason for my reliance on these navigators. We know come forward. Unfortunately, it is just amendment. I believe that ensuring from the Wall Street Journal, one not a very good plan. that States have the time to consider grantee took $200,000, enrolled one per- And the gentleman is right, doctors and plan for setting up such an ex- son. would be required to take a significant change is the right thing to do. I guess, if you are the grantee, that is reduction. I would note that my amendment a pretty good deal. All you have to do The Acting CHAIR. The time of the does not seek additional funding during is find one person to enroll, and you gentleman from Oregon has expired. that time period, so it will not increase get 200 grand. To me, that sounds like The Acting CHAIR. The question is the cost. It simply gives States addi- a big waste of taxpayer dollars. on the amendment offered by the gen- tional time. The ten most expensive navigators tlewoman from Texas (Ms. JOHNSON). I urge my colleagues to support my collected $2.77 million, signed up 314 The amendment was agreed to. amendment as well as the underlying people. AMENDMENT NO. 14 OFFERED BY MR. LYNCH bill, and I reserve the balance of my Now, we heard about how the govern- The Acting CHAIR. It is now in order time. ment needs to borrow and spend more to consider amendment No. 14 printed Mr. WALDEN. Mr. Chairman, I seek than taxpayer dollars—or at least in House Report 116–61. time in opposition to the gentleman’s spend more taxpayer dollars—and do Mr. LYNCH. Mr. Chairman, I believe amendment. more education because the enrollment I have a couple of amendments at the The Acting CHAIR. The gentleman in the government plans has gone down desk. from Oregon is recognized for 5 min- by, I think, the figure is about $1 mil- The Acting CHAIR. The Clerk will utes. lion or so. I guess, that is what is ban- designate the amendment. Mr. WALDEN. Mr. Chair, I reserve died about. The text of the amendment is as fol- the balance of my time. What isn’t mentioned, however, Mr. lows: Mr. LYNCH. Mr. Chair, I think I have Chairman, is that under President Page 42, beginning on line 6, strike ‘‘De- said enough. It is a technical amend- Trump and the policies Republicans cember 31, 2022’’ and insert ‘‘December 31, ment, and I yield back the balance of put into law, the economy took off. 2023’’. my time. The economy took off. Thank goodness Page 43, line 6, strike ‘‘January 1, 2024’’ Mr. WALDEN. Mr. Chairman, this the economy took off. and insert ‘‘January 1, 2025’’. section provides $200 million for States And 2.5 million Americans now get The Acting CHAIR. Pursuant to to establish State-based marketplaces. their insurance, more get their insur- House Resolution 377, the gentleman The Federal law provided States with ance through an employer. from Massachusetts (Mr. LYNCH) and a the option of building their own State- So, see, they got a job, they got a Member opposed each will control 5 based marketplace or utilizing the Fed- paycheck, they got insurance through minutes. eral marketplace. their employer. The Chair recognizes the gentleman I know my own State blew through And my guess is that accounts for from Massachusetts. close to $300 million trying to create some of that downturn. They don’t Mr. LYNCH. Mr. Chairman, my its own exchange. It was a terrible fi- have to come to the government to get amendment would extend by 1 year the nancial disaster, a total waste of their insurance. They are getting it deadline by which States may apply for money. They couldn’t get it going. through their employer. Federal grant assistance to set up They finally closed the thing up, but So you might have had like $1 mil- State-based health insurance markets, not before they blew through hundreds lion roll off on the exchanges, but you moving the deadline from December 31, of millions of dollars, and then they have got a 2.5 million pickup in the pri- 2022, to December 31, 2023. went to the Federal exchange. vate insurance side. And I think that is Every State except Alaska applied pretty cool. I mean, that is important. b 1630 for these grants. Florida and Georgia And I know that my friends on the My amendment would also extend by were awarded planning grants but later other side of the aisle with their na- 1 year the corresponding date by which returned their entire grants. Other tional takeover of health insurance the exchanges must be self-sustaining, States returned some of the grant want to abolish ObamaCare and replace from January 1, 2024, to January 1, money they received but also kept it with a single-payer system, which 2025. some. sounds sort of simple on its face, but Currently, 11 States and the District This would have been under the we know that means you would have to of Columbia have such health insur- Obama administration when they were double the personal income tax, double ance exchanges. However, no health ex- enacting ObamaCare. No funding was the corporate tax, and our doctors and changes have been established since awarded after December 31, 2014, in ac- hospitals, they would have to take like the ACA’s original deadline of 2015. cordance with the law. a 40-percent reduction. While I do support H.R. 987’s lan- From the 2018 plan year, 34 States Mr. Chairman, I yield such time as he guage which provides an additional 2- had federally facilitated marketplaces; may consume to the gentleman from year window for States to establish 12 States had State-based market- Texas (Mr. BURGESS), my friend, the their own insurance exchanges, given places; and 5 States had State-based doctor, the former chairman of the the complexity of the current debate marketplaces using the Federal plat- Health Subcommittee, to make some with the possibility of single-payer form. comments. healthcare out there and also Medicare The Committee on Energy and Com- Mr. BURGESS. Mr. Chairman, I for All, it is my hope and expectation merce issued a majority staff report thank the ranking member for yield- that, by extending these application entitled: Implementing ObamaCare Re- ing. periods from 2 to 3 years, more States view of CMS’ Management of the The fact is, there was a hearing on will have the opportunity to weigh State-Based Exchanges, September 13, this one-size-fits-all government take- those outstanding options and explore 2016. over, top-down, Soviet-style healthcare the option to establish their own I think it is important to share with system that has been proposed by the State-based exchanges. my colleagues, among the report’s key other side of the aisle. It was reported recently that the findings in 2016 were: CMS was not con- And yet, that bill was not heard in Governor of New Jersey, for example, fident that the remaining State-based the Committee on Energy and Com- has announced that his State would exchanges would be sustainable in the

VerDate Sep 11 2014 04:57 May 17, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.083 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3888 CONGRESSIONAL RECORD — HOUSE May 16, 2019 long term, and as of September 2016, sponsored public health insurance op- evaluation, and I think it is important every State-based exchange still relies tion for States that may want to offer to have cost-benefit analyses of State- upon Federal establishment grant public options in their State’s health administered health insurance plans funds 20 months after the State-based insurance exchanges. for States that may want to offer a exchanges were supposed to be self-sus- A State-run public option would public option. taining by law. allow individual States to offer very Again, here we have a situation CMS eased the transition for these basic, low-cost insurance plans without where States are experimenting, and failed State-based exchanges so that the high cost of commercial adver- our States are great laboratories for they could join healthcare.gov by al- tising and other overhead costs that reform. The gentleman comes from a lowing them to keep the user fees col- can sometimes add as much as 30 per- State where Republican Governors lected by insurance carriers intended cent to the cost of some health insur- helped lead that effort, Governor Rom- to pay for the use of healthcare.gov. ance plans, or perhaps States could op- ney and others, and now Senator ROM- Now, here we are, 5 years after the timize the use of community health NEY from a different State. funding has expired considering a bill centers that we all love so much. Once But my State did a lot of reform to reopen grants for States to establish these low-cost public option plans are work as well, and we are all trying to State-based marketplaces. We have on the market, private insurance com- figure out: How do we get healthcare to seen kind of a spotty record here. panies would be forced to compete with people in a timely way that is afford- Maybe it is just a coincidence that $200 that lower price by offering similar able? And we share that goal. million is being made available now, low-cost plans. Unfortunately, some of the promise because my friends on the other side State-sponsored public options could of ObamaCare turned out not to be the help address the lack of competition set the agenda and they want to con- case. People’s insurance premiums did that is driving up the cost of tinue pushing out this idea. not go down $2,500. I still hear in my healthcare in many States where one On Friday, Politico reported that town meetings and in correspondence or two insurance companies are al- New Jersey is proposing to create a with my constituents that some were lowed to dominate the market due to State-based health exchange. Now, I well-served, but I have a lot of them the fact that the Affordable Care Act think they have told us they actually who were left behind, and they are out currently exempts insurance compa- don’t need Federal money for that. in the cold. But anyway, I don’t think we are nies from antitrust laws. While State-run public options were At one of my townhalls, I had a mid- dealing with earmarks here; but ear- a feature in the original version, the dle age couple come up and say: We marking money to help States create House version of the ACA, which I sup- have decided we can’t afford health in- their own marketplaces is not what we ported, Senate action deleted that from surance, so we have decided to go with- should be about, and I am not sure we the final versions of the ACA which out. are. I don’t think this is a Garden eventually passed and which I opposed. They looked at the premiums. They State giveaway, but it is kind of inter- I believe that the information that looked at the deductibles that are in esting. the study will provide will be an impor- these markets, and said: We can’t pen- That is all I have got to say on this, tant resource for States in regions cil it out. Mr. Chairman, and I yield back the bal- looking to offer more healthcare op- None of us want that to be the case. ance of my time. tions to their residents. That is why I think some of these op- The Acting CHAIR. The question is Mr. Chairman, one of the loudest tions are really important to look at. on the amendment offered by the gen- messages that came out of the last And States can do that. tleman from Massachusetts (Mr. mid-term election was that, 9 years And that is what President Trump LYNCH). after the passage of the ACA, the tried to do is take what President The amendment was agreed to. American people still want us to fix Obama had agreed to with the short- AMENDMENT NO. 15 OFFERED BY MR. LYNCH their broken healthcare system. term plans regulated by States to fill The Acting CHAIR. It is now in order For many people, the Affordable Care gaps to make health insurance options to consider amendment No. 15 printed Act is not affordable. But I believe it is more available and health insurance in House Report 116–61. fixable. Many fervent supporters of the more affordable. He just said: Well, if it Mr. LYNCH. Mr. Chairman, I have ACA are also disappointed with the is good for 3 months, what is wrong another amendment at the desk. lack of success in reaching the goals of with 364 days. The Acting CHAIR. The Clerk will the ACA so that they are now sup- So as a result, you have got 27 States designate the amendment. porting efforts to repeal the ACA in that go up to nearly a year; 12 are 6 The text of the amendment is as fol- favor of single-payer or Medicare for months; 8 at 3 months; and 4 say, no, lows: All proposals. not in our State at all. So I think the Page 50, after line 2, insert the following I believe there are some significant report is probably going to give us section: changes that could be made to the ACA some valuable information. SEC. 205. GAO REPORT. to make it work. This study will be a Mr. Chairman, I guess I have actually Not later than one year after the date of simple way to provide our States with convinced myself I am going to support the enactment of this Act, the Comptroller guidance that can help them determine this amendment despite my initial res- General of the United States shall submit to whether a public option may be right ervations, and I yield back the balance Congress a study that analyzes the costs and for them. of my time. benefits of the establishment of State-ad- Mr. Chairman, I urge my colleagues The Acting CHAIR. The question is ministered health insurance plans to be of- to support both this amendment and fered in the insurance market of such States on the amendment offered by the gen- that choose to administer and offer such a the underlying bill, and I reserve the tleman from Massachusetts (Mr. plan. balance of my time. LYNCH). Mr. WALDEN. Mr. Chairman, I seek The amendment was agreed to. The Acting CHAIR. Pursuant to time in opposition to the gentleman’s AMENDMENT NO. 16 OFFERED BY MR. LIPINSKI House Resolution 377, the gentleman amendment. from Massachusetts (Mr. LYNCH) and a The Acting CHAIR. The gentleman The Acting CHAIR. It is now in order Member opposed each will control 5 from Oregon is recognized for 5 min- to consider amendment No. 16 printed minutes. utes. in House Report 116–61. The Chair recognizes the gentleman Mr. WALDEN. Mr. Chair, I reserve Mr. LIPINSKI. Mr. Chairman, I have from Massachusetts. the balance of my time. an amendment at the desk. Mr. LYNCH. Mr. Chairman, I yield Mr. LYNCH. Mr. Chair, I yield back The Acting CHAIR. The Clerk will myself such time as I may consume. the balance of my time. designate the amendment. Mr. Chairman, my amendment di- Mr. WALDEN. Mr. Chairman, I yield The text of the amendment is as fol- rects the Government Accountability myself such time as I may consume. lows: Office to prepare a cost-benefit anal- This amendment is pretty straight- Add at the end of title II the following new ysis of the establishment of a State- forward in asking the GAO to do this section:

VerDate Sep 11 2014 06:37 May 17, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.087 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3889 SEC. 205. REPORT ON THE EFFECTS OF WEBSITE icans as they navigate the complex The amendment was agreed to. MAINTENANCE DURING OPEN EN- process of buying health insurance. ROLLMENT. AMENDMENT NO. 17 OFFERED BY MR. DEUTCH Not later than 1 year after the date of the Mr. Chairman, this is a simple, com- The Acting CHAIR. It is now in order enactment of this Act, the Comptroller Gen- monsense amendment. I urge a ‘‘yes’’ to consider amendment No. 17 printed eral of the United States shall submit to vote on this amendment, and I reserve in House Report 116–61. Congress a report examining whether the De- the balance of my time. Mr. DEUTCH. Mr. Chairman, I have partment of Health and Human Services has Mr. WALDEN. Mr. Chairman, it an amendment at the desk. been conducting maintenance on the website should come as no surprise that I seek The Acting CHAIR. The Clerk will commonly referred to as ‘‘Healthcare.gov’’ time in opposition to the amendment. designate the amendment. during annual open enrollment periods (as The Acting CHAIR. The gentleman The text of the amendment is as fol- described in section 1311(c)(6)(B) of the Pa- from Oregon is recognized for 5 min- tient Protection and Affordable Care Act (42 lows: U.S.C. 18031(c)(6)(B)) in such a manner so as utes. Page 45, line 24, strike ‘‘and’’. to minimize any disruption to the use of Mr. WALDEN. Mr. Chair, I reserve In section 202(a)(2)— such website resulting from such mainte- the balance of my time. (1) redesignate subparagraph (B) as sub- nance. Mr. LIPINSKI. Mr. Chair, I yield my- paragraph (D); and (2) insert after subparagraph (A) the fol- The Acting CHAIR. Pursuant to self the balance of my time. I think this is a commonsense lowing new subparagraphs: House Resolution 377, the gentleman amendment. I ask GAO to look at the (B) in subparagraph (D), by striking ‘‘and’’ from Illinois (Mr. LIPINSKI) and a Mem- study and say: Okay. What is the best at the end; ber opposed each will control 5 min- (C) in subparagraph (E), by striking the pe- time to take healthcare.gov offline to utes. riod at the end and inserting ‘‘; and’’; and The Chair recognizes the gentleman do maintenance? Page 46, line 1, strike ‘‘following’’ and in- Let’s do this the right way. As an en- from Illinois. sert ‘‘following:’’ Page 46, line 2, strike ‘‘flush left sentence:’’ Mr. LIPINSKI. Mr. Chairman, I yield gineer, that is the way I think. I think most companies would look at it this and insert the following: myself such time as I may consume. ‘‘(F) conduct public education activities in Mr. Chairman, American families in- way. So I urge my colleagues to support plain language to raise awareness of the re- creasingly struggle with rising this amendment, and I yield back the quirements of and the protections provided healthcare costs. That is why I am under— balance of my time. pleased to support the underlying bill ‘‘(i) the essential health benefits package which contains some commonsense b 1645 (as defined in section 1302(a)); and ‘‘(ii) section 2726 of the Public Health Serv- provisions that will protect consumers, Mr. WALDEN. Mr. Chairman, I thank lower drug prices, and stabilize the in- ice Act (relating to parity in mental health the gentleman for bringing his amend- and substance use disorder benefits).’’ dividual insurance market, which will ment as well. He is a distinguished provide families with some needed re- The Acting CHAIR. Pursuant to Member of our U.S. House of Rep- House Resolution 377, the gentleman lief. resentatives and an engineer, and we from Florida (Mr. DEUTCH) and a Mem- The amendment I am offering will appreciate his intellectual horsepower further help Americans who purchased ber opposed each will control 5 min- on this issue. utes. health insurance on healthcare.gov. I was thinking, as he was talking The Chair recognizes the gentleman Americans in 39 States without a about having the GAO have to do an from Florida. State-based exchange depend on audit to figure out the best time for MODIFICATION TO AMENDMENT NO. 17 OFFERED healthcare.gov to purchase insurance routine maintenance to provide the BY MR. DEUTCH during open enrollment. This past least disruption to consumers, this is Mr. DEUTCH. Mr. Chairman, I ask year, over 8.4 million plan selections what happens when you have a govern- unanimous consent that my amend- were made on this website. ment-run system. You have to have ment be modified in the form I have Over the past 2 years, the Depart- your independent auditors figure out ment of Health and Human Services placed at the desk. how the system can keep current and The Acting CHAIR. The Clerk will re- had announced maintenance outages not disrupt consumers. on healthcare.gov for over 12 hours port the modification. I was thinking that we don’t have too The Clerk read as follows: every Sunday during open enrollment. many amendments that say let’s have I am an engineer. I understand the GAO audit Amazon’s website to find MODIFICATION TO AMENDMENT NO. 17 PRINTED complexity of this website and the out the best times to deal with con- IN HOUSE REPORT NO. 116–61 heavy volume of users, which means sumers or your local whatever you go OFFERED BY MR. DEUTCH OF FLORIDA that routine maintenance is necessary, to for your hotels or your rental cars. In lieu of the matter proposed to be in- even during open enrollment. However, Nobody is saying, hey, you have to serted, insert the following: I want to ensure that HHS is doing all Page 45, line 24, strike ‘‘and’’. have GAO, a government entity, figure In section 202(a)(2)— it can to ensure this maintenance is out the best time or worst time to dis- (1) redesignate subparagraph (B) as sub- conducted in a way that has the least rupt consumers on the Avis website or paragraph (D); and impact on consumers. Enterprise or whatever. But we have to (2) insert after subparagraph (A) the fol- Families need ample time to choose here, which is a government-run sys- lowing new subparagraphs: health insurance plans. We must make tem with basically one website. (B) in subparagraph (D), by striking ‘‘and’’ sure that enrollment is not being nega- We all know and we all lived through at the end; tively impacted by these outages. My what happened with the initial rollout (C) in subparagraph (E), by striking the pe- amendment would require a GAO study riod at the end and inserting ‘‘; and’’; and with this website, so, Mr. Chairman, to Page 45, line 24, strike ‘‘and’’. to determine if healthcare.gov outages my friend from Illinois’ point, it is im- Page 45, after line 24, insert the following: are having a negative impact on enroll- portant that we give the consumers the (B) by inserting after subparagraph (E) the ment. best possible experience when they are following: HHS claims that maintenance is trying to sign up because we have all ‘‘(F) conduct public education activities in scheduled for times of low site traffic, had to deal with it. plain language to raise awareness of the re- but they have not provided data to sup- In its initial days, man, it was a quirements of and the protections provided port this claim. I know that when I am mess. I remember all those problems. under— ‘‘(i) the essential health benefits package using the online exchange to purchase We did hearings and oversight hearings (as defined in section 1302(a)); and my insurance each year, I often will in the Energy and Commerce Com- ‘‘(ii) section 2726 of the Public Health Serv- try to do it on a Sunday when I have mittee on it. ice Act (relating to parity in mental health free time. This may be an anomaly. We Mr. Chairman, this is probably a and substance use disorder benefits).’’; and need to figure this out. good idea to do, and I yield back the Page 46, line 1, strike ‘‘(B)’’ and insert What the GAO study would provide is balance of my time. ‘‘(C)’’. clarity on the best time to schedule The Acting CHAIR. The question is Mr. DEUTCH (during the reading). maintenance. This would help us to on the amendment offered by the gen- Mr. Chair, I ask unanimous consent to make sure HHS is doing right by Amer- tleman from Illinois (Mr. LIPINSKI). dispense with the reading.

VerDate Sep 11 2014 06:37 May 17, 2019 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.028 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3890 CONGRESSIONAL RECORD — HOUSE May 16, 2019 The Acting CHAIR. Is there objection of the Affordable Care Act in 2010 Mr. WALDEN. Mr. Chairman, I ap- to the request of the gentleman from through the first years of enrollment preciate the gentleman’s commitment, Florida? in 2014. especially on mental health and sub- Mr. WALDEN. Mr. Chairman, I re- Mental health parity means insur- stance abuse. He has done a lot of work serve the right to object. ance companies can’t discriminate in this area. The Acting CHAIR. The gentleman against Americans battling addiction I know, Mr. Chairman, when we in from Oregon is recognized on his res- in the opioid crisis. Parity means in- the last Congress worked together in a ervation. surance companies can’t make it hard- bipartisan way, we passed 60 different Mr. WALDEN. Mr. Chairman, I know er to get care for deadly eating dis- bills related to the deadly scourge of there were a lot of amendments that orders than it is to get care for deadly opioid addiction and overdose. The came through the system. I am trying cancer. Parity means we treat mental prior Congress to that I believe is when to figure out what the issue is here, but healthcare like healthcare because we rewrote America’s mental health I know we offered 16 amendments and that is exactly what it is. laws for the first time in decades. got one. The Democrats got 25 amend- The Affordable Care Act’s protec- We all have friends, family, and peo- ments and had one technical amend- tions have saved lives and the financial ple in our communities who need help, ment through the Rules Committee. security of millions of Americans, in- especially with mental health and, as Could the Parliamentarian or some- cluding one family who told me the we know, substance use disorder. We body explain what the problem is here story of their battle to treat their 19- did a lot of good work, I would say. We and why we have to correct it here on year-old daughter’s eating disorder. have to make sure, to the gentleman’s the floor? Here is what they said: point, that the efforts we have put for- That is my question. Our daughter was a sophomore in college ward, the programs we have initiated, Mr. DEUTCH. Will the gentleman when she was diagnosed with an eating dis- and the funding we put behind these yield? order. She had to take several leaves of ab- programs actually get to the people Mr. WALDEN. Mr. Chairman, I yield sence from her studies to seek treatment. who need the help. to the gentleman from Florida. This would not have been financially pos- Mr. Chairman, I yield such time as he sible without the benefits of the ACA. Had may consume to the gentleman from Mr. DEUTCH. Mr. Chairman, the she left school for treatment before the pas- amendment is a technical amendment Texas (Mr. BURGESS), who was chair- sage of the ACA, she would have been man of our subcommittee when we to address a drafting error so that it is dropped from our family insurance. But be- conforming and so there will be no cause of the ACA, she could continue under were in the majority and now is the top problems going forward. our coverage. Republican of the Health Sub- Mr. WALDEN. Mr. Chair, I withdraw It was this ongoing treatment that has al- committee, to talk a little bit about my reservation. lowed our daughter to regain her health these issues. The Acting CHAIR. The reservation enough to graduate from college and main- Mr. BURGESS. Mr. Chairman, I tain full-time employment. is withdrawn. thank the gentleman for yielding. Mr. Chairman, I think the kindest Without objection, the reading of the While it is clear that parity has made thing I can say about this amendment modification is dispensed with. improvements, we still have so much is it should not be necessary. There was no objection. more to do. This week, I heard from another fam- Just a brief review of the history of The Acting CHAIR. Is there objection ily in my district about their daugh- mental health parity as it relates to to the original request of the gen- ter’s struggle to get coverage and our healthcare system, of course, those tleman from Florida? treatment. In the cycle of denials and of us who were here in Congress the There was no objection. day after the Lehman Brothers bank- The Acting CHAIR. The amendment arbitrarily reduced levels of care, her ruptcy was declared in September 2008 is modified. family was able to use the parity law will recall that Patrick Kennedy’s bill The gentleman from Florida is recog- to fight for their daughter’s life in the dealing with mental health parity was nized for 5 minutes. courts. But that is not enough. Parity pro- used as the vehicle to provide the Trou- Mr. DEUTCH. Mr. Chairman, I yield tections have opened doors to better bled Asset Relief Program, which fol- myself such time as I may consume. mental health and addiction treatment lowed in the wake of the Lehman I thank my Florida colleague, Rep- for so many Americans. As we observe Brothers bankruptcy. resentative CASTOR, for her leadership Mental Health Awareness Month, it is So mental health parity was actually in protecting access to high-quality important to acknowledge how far we written into law in 2008, signed by healthcare in our State and across the have to go. George W. Bush. That was 2 years prior country and for her authorship of the My amendment will help more Amer- to the passage of the Affordable Care ENROLL Act to help more Americans icans understand the benefits and pro- Act. shop for and sign up for health plans on tections available to them and help So the Affordable Care Act comes healthcare.gov. them get the care they need. along. The essential health benefits My amendment requires navigators Mr. Chairman, I urge my colleagues were eventually disclosed in the Af- to provide information in plain lan- to support it, and I reserve the balance fordable Care Act in November 2012, guage about the 10 essential health of my time. about a week after election day, if I re- benefits that are a part of every Mr. WALDEN. Mr. Chairman, I rise call correctly. healthcare.gov plan: outpatient hos- in opposition to the gentleman’s The mental health parity rules were pital care; emergency care; hospitaliza- amendment. not written by the Department of tion; pregnancy, maternity, and new- The Acting CHAIR. The gentleman Health and Human Services until prob- born care; mental health and substance from Oregon is recognized for 5 min- ably 2 years after that, but they were use disorder services; prescription utes. written under Secretary Sebelius. As a medicines; rehabilitative services; labs; Mr. WALDEN. Mr. Chairman, I re- consequence, those have been the rules preventive care; and pediatric care, in- serve the balance of my time. of the road ever since. cluding dental and vision services. Mr. DEUTCH. Mr. Chairman, this is I guess what I don’t quite understand It also requires navigators to help an important amendment so that every is why the navigator system con- consumers understand their protec- American understands that mental structed under the Affordable Care Act tions under the Mental Health Parity health is health and that we need to was not constructed in a way that Act. According to a survey commis- care as much about the health of our would have allowed this information to sioned by the American Psychological bodies from our shoulders up as we do be part of the package of information Association, only 4 percent of Ameri- from our shoulders down. That is what that is disclosed by the navigators. cans were familiar with the mental people need to be made aware of so Perhaps had we had a hearing in the health parity law as of 2014, and just 7 they have the ability to fight for that Energy and Commerce Committee percent were aware of mental health access to mental healthcare. dealing with this, it might have been parity more broadly. Those numbers Mr. Chairman, I yield back the bal- instructive when we did the 10-year re- didn’t change from the time of passage ance of my time. authorization of the State Children’s

VerDate Sep 11 2014 04:57 May 17, 2019 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.095 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3891 Health Insurance Program a little over the term ‘high health disparity area’ means their care, and, ultimately, how a year ago. The parity language was, in a contiguous geographic area that— healthy they could be. However, this fact, included at the request of a Demo- ‘‘(i) is located in one census tract or ZIP progress has been rapidly reversed over cratic member of the Energy and Com- code; the last 2 years. ‘‘(ii) has measurable and documented ra- My amendment would ensure that we merce Committee. The parity language cial, ethnic, or geographic health disparities; was included in the rewriting of the re- ‘‘(iii) has a low-income population, as dem- aren’t leaving behind those with pre- authorization of the State Children’s onstrated by— dictably poor health outcomes, like Health Insurance Program. ‘‘(I) average income below 138 percent of those with lower life expectancy or But my recollection was, in the navi- the Federal poverty line; or children born with lower birthweight. gator program, this should have been ‘‘(II) a rate of participation in the special Families in high-disparity areas suf- part of the basic information offered by supplemental nutrition program under sec- fer from low levels of healthcare, lit- the navigators. tion 17 of the Child Nutrition Act of 1966 (42 eracy, language barriers, and limited I guess, to sum up, I do not under- U.S.C. 1786) that is higher than the national awareness of the Affordable Care Act’s stand why it would now take an act of average rate of participation in such pro- gram; coverage options. Congress to get them to do what they ‘‘(iv) has poor health outcomes, as dem- In this uncertain environment, in our were required to do upon the signing of onstrated by— complicated healthcare system, in this the passage of the Affordable Care Act. ‘‘(I) lower life expectancy than the na- constant fight for access to healthcare Mr. WALDEN. Mr. Chairman, I would tional average; or in this country, knowledge is half the just conclude that I appreciate the gen- ‘‘(II) a higher percentage of instances of battle. tleman’s comments. low birth weight than the national average; I strongly encourage my colleagues As I look at a bunch of amendments and to support this amendment. Help all coming up, to my colleague from Texas ‘‘(v) is part of a Metropolitan Statistical Americans attain the knowledge they Area identified by the Office of Management (Mr. BURGESS), there are a whole bunch need and win their healthcare battles. of these that they are saying, oh, we and Budget.’’. Mr. Chair, I reserve the balance of have to order the navigators do this, do The Acting CHAIR. Pursuant to my time. this, and do that. House Resolution 377, the gentleman Mr. WALDEN. Mr. Chairman, I seek You wonder what their current train- from Maryland (Mr. BROWN) and a the time in opposition to the gentle- ing is that we have to pass laws telling Member opposed each will control 5 man’s amendment. them to learn about these things and minutes. The Acting CHAIR. The gentleman then go talk to people. The Chair recognizes the gentleman from Oregon is recognized for 5 min- This is part of my argument that we from Maryland. utes. are pumping a lot of money into a pro- Mr. BROWN of Maryland. Mr. Chair- Mr. WALDEN. Mr. Chairman, I re- gram that we know there has been—I man, I yield myself 31⁄2 minutes. serve the balance of my time. don’t know if I can say fraud, but if Mr. Chairman, I rise in support of my Mr. BROWN of Maryland. Mr. Chair- you got $200,000 to enroll one person or amendment and the underlying legisla- man, I yield 1 minute to the gentleman $2.7 million to enroll 314, some of the tive effort that would lower the cost of from Illinois (Mr. KRISHNAMOORTHI). Nation’s leading editorial writers have prescription drugs, crack down on junk Mr. KRISHNAMOORTHI. Mr. Chair- had some pretty strong words to say insurance plans being encouraged by man, I rise today in support of amend- about corruption and scam artists and the Trump administration, and reverse ment No. 18 to H.R. 987. that sort of thing. the administration’s irresponsible sab- I want to thank Congressman BROWN We are having to pass laws that tell otage of the Affordable Care Act. for his partnership on this amendment, them, oh, by the way, talk about men- Specifically, my amendment would which will ensure that we conduct tal health, talk about substance abuse, require the HHS Secretary to conduct thorough outreach to inform con- talk about referrals to community- educational outreach to communities sumers in areas with high health dis- based organizations, the navigator sys- with high health disparities and would parities about their insurance options. tem, vulnerable populations, all these thereby expand outreach efforts to in- The underlying legislation restores things. Holy smokes, what don’t they crease coverage among African Ameri- assistance to help Americans enroll in know and what is left out? cans, Latinos, Native Americans, low- affordable, high-quality health insur- We should have a hearing on this income families, and rural commu- ance, and this amendment makes sure issue in the committee as well as the nities. those efforts include a particular focus Medicare for All proposal. Our effort to help more Americans on low-income areas most in need not Mr. Chairman, I yield back the bal- get access to affordable healthcare only of health insurance, but also of ance of my time. comes just as we are seeing the impact improved health outcomes. The Acting CHAIR (Mr. LYNCH). The of the Trump administration’s effort to In addition to reversing the Trump question is on the amendment, as undermine our healthcare system. administration’s sabotage of the Af- modified, offered by the gentleman This week, we learned that more fordable Care Act, this bill is a huge from Florida (Mr. DEUTCH). than 1 million Americans lost their step forward in our efforts to lower the The amendment, as modified, was health insurance in the past year, and cost of prescription drugs. agreed to. the number of Americans in high-de- For families in my district and AMENDMENT NO. 18 OFFERED BY MR. BROWN OF ductible plans reached an all-time across the country, the high cost of MARYLAND high. prescription drugs is more than a The Acting CHAIR. It is now in order Black and Latino Americans and health issue; it is an economic issue. to consider amendment No. 18 printed families living at or near the poverty Increasing competition and improving in House Report 116–61. line are particularly impacted by access to safe, lower cost generics can Mr. BROWN of Maryland. Mr. Chair- President Trump’s sabotage. These save American families thousands of man, I have an amendment at the desk. communities are the most at risk of dollars each year at the pharmacy The Acting CHAIR. The Clerk will being uninsured, and these commu- counter. designate the amendment. nities have always faced the greatest Mr. Chair, working families are The text of the amendment is as fol- barriers to obtaining care and have re- counting on this body to help strength- lows: ported the poorest health outcomes. en access to high-quality health insur- Page 48, line 21, strike the period and in- ance. For this reason, Mr. Chair, I urge sert ‘‘and shall be provided to populations re- b 1700 my colleagues to support this amend- siding in high health disparity areas (as de- Before the Trump administration, we ment. fined in subparagraph (E)) served by the Ex- saw large gains in coverage for low-in- Mr. BROWN of Maryland. Mr. Chair, change, in addition to other populations come individuals and people of color may I inquire as to how much time is served by the Exchange.’’. Page 49, line 18, strike the end quotes and under the Affordable Care Act. remaining. the second period and insert the following: Finally having that health insurance The Acting CHAIR. The gentleman 1 ‘‘(E) HIGH HEALTH DISPARITY AREA DE- made a key difference in determining from Maryland has 1 ⁄2 minutes remain- FINED.—For purposes of subparagraph (A), when people got care, where they got ing.

VerDate Sep 11 2014 04:57 May 17, 2019 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.096 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3892 CONGRESSIONAL RECORD — HOUSE May 16, 2019 Mr. BROWN of Maryland. Mr. Chair, approved these short-term plans; yet That is what is going on there in the I yield such time as she may consume derided today, these were approved, in real world. And the President and Sec- to the gentlewoman from California many cases, under the last administra- retary Azar and the team at CMS, they (Ms. BARRAGA´ N). tion. are leading on this now. Ms. BARRAGA´ N. Mr. Chair, I am This one said: If they work good for 3 There are things you might like or proud to join my colleague, Congress- months, let’s see if States want them dislike in terms of their proposals, but man BROWN, in cosponsoring his for 6 or 9 or pretty close to 12. we have never had a President and an amendment, implementing outreach That is what the President did. administration do more to try and and educational activities in areas President Trump, too, if you think drive out the unnecessary costs that with high health disparities. about the economy—all we ever hear consumers are being forced to pay. I know about this all too well. I rep- on the other side is kind of all the neg- That is where they are making the resent one of these districts, a district ative. It is sort of Debbie Downer day decision of whether they can afford to that is a majority minority. It is 88 here. actually take the drugs from the phar- percent Latino and African American, Actually, the economy is doing really macist and go home or leave them on combined. These are the types of dis- well, and, as a result, people are get- the counter. tricts where you have higher health ting jobs. When they are getting jobs, So we have got a lot of issues, and disparities happening, where Latinos they are getting bigger paychecks. some of them we are going to work out. and African Americans have more dia- They are also getting insurance. And I just so regret that we are here today betes than anybody else. 2.5 million people now have insurance with these for funding the navigator My district also happens to be 357 out who didn’t have it before, through program with another $25 million on of 435. That is where we land as far as their employer, during the Trump ad- top of the 68 so they can spend $2.7 mil- income of all the congressional dis- ministration. lion and sign up 314 people. We can do tricts in Congress, where people need I realize they are not going to go that much more efficiently. We have this information. They need the out- bragging on the Trump administration, proven that. reach so that they know what kind of my friends to the left, but I do think it CMS says that others can do it for access they have to healthcare so that is important to get the facts out there much less money, much less money. they have those options. because facts matter, and I believe in Not $767 per enrollee, but $2.40. Who Providing opportunities to under- facts. wouldn’t take that deal, $2.40 per en- served communities to learn about Mr. Chair, 2.5 million more people rollee or $767? their healthcare coverage options will now have insurance who didn’t have it So I just think there is a better way result in more people signing up for af- before, and they have it through their to operate. This amendment is fine in fordable care. More people will get employer. That is the direction we the end, I guess, and so I yield back the treated when they become sick, and should go: jobs, income, insurance balance of my time. more people will be able to live healthy through your employer. The Acting CHAIR. The question is and productive lives. Then what we really should focus on the amendment offered by the gen- Mr. Chair, I urge my colleagues to on—and I think there is bipartisan sup- tleman from Maryland (Mr. BROWN). support this amendment. port for this—is how do we get at the The amendment was agreed to. Mr. BROWN of Maryland. Mr. Chair- costs for healthcare. AMENDMENT NO. 19 OFFERED BY MR. GOMEZ man, I yield back the balance of my By the way, who knows what any- The Acting CHAIR. It is now in order time. thing costs, right? We are paying more to consider amendment No. 19 printed Mr. WALDEN. Mr. Chairman, let me and more out of pocket through our in House Report 116–61. just say a couple of things. One, I rep- deductibles and our copays, yet what Mr. GOMEZ. Mr. Chair, I have an resent a very rural district in Oregon. does an MRI cost here versus there amendment at the desk. It is two-thirds of the landmass of the versus there? The Acting CHAIR. The Clerk will State. We suffer a lot of these same I was at the White House with the designate the amendment. issues: low income, high levels of pov- President on Thursday, Mr. Chair, and The text of the amendment is as fol- erty, and the need for basic services. he is going after surprise billing. My lows: Mr. Chairman, that is why I worry a friend from New Jersey and I are joined Page 45, line 24, strike ‘‘and’’. lot about making sure our community on this effort to pass bipartisan legisla- Page 45, after line 24, insert the following health centers get funded. I think you tion so that the consumer doesn’t get new subparagraphs: know this. They run out of funding in stuck with a bill because somebody (B) in subparagraph (D), by striking ‘‘and’’ just a matter of months. The National showed up to care for him at a hospital at the end; Health Service Corps, same thing. By that, it turns out, wasn’t in their plan. (C) in subparagraph (E), by striking the pe- the end of September, I think they run They played by the rules, the consumer riod at the end and inserting ‘‘; and’’; (D) by inserting after subparagraph (E) the out of money. I have a number of In- did. following new subparagraph: dian reservations. Native Americans. We had one example there of a doctor ‘‘(F) provide referrals to community-based Their Special Diabetes Program runs whose daughter got care and then was organizations that address social needs re- out of money. The teaching health cen- asked to do a urine test because of lated to health outcomes.’’; and ters run out of money. some medication. They wanted to do Page 46, line 1, strike ‘‘(B)’’ and insert Yes, today we are pouring money just a quick test. The doctor said: Hey, ‘‘(E)’’. into a program that some of our Na- will you do it? She did it on the way The Acting CHAIR. Pursuant to tion’s leading editorial writers have out. House Resolution 377, the gentleman called susceptible to scam artists and It turned out the lab, I think it was, from California (Mr. GOMEZ) and a corruption and that spends $2.7 million was not in the network of her insur- Member opposed each will control 5 to sign up 314 people. That doesn’t ance plan. She didn’t know that. She minutes. seem like a very good expenditure to just followed the doctor’s orders. Do The Chair recognizes the gentleman me. I would rather put that money into you know what that bill was? Over from California. our community health centers and into $17,000. Mr. GOMEZ. Mr. Chair, I believe that some of these other proven programs He brought a copy of the bill. I don’t the American people are well aware that work. have it here, but he brought it to the that this administration, the Trump I think it is fine to do outreach, cer- White House. administration, has taken steps to sab- tainly, and to expand education. I do And President Trump is full-throat otage the Affordable Care Act, and now wish it were more fulsome. I wish there ready to solve this. Just as he and his my party, the Democrats, are taking weren’t a gag restriction on our navi- administration—I don’t think we have major steps to reverse it. But, as we do gators so that they can’t talk about ever had a President, not in my life- so, we should also address health eq- other insurance alternatives that our time, that has leaned in more to get uity. States have pioneered and regulate, prescription drug prices down for con- My amendment will ensure that the that even the Obama administration sumers. ACA navigators can and should refer

VerDate Sep 11 2014 04:57 May 17, 2019 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.099 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3893 Americans to community-based organi- One after another, we are going The Acting CHAIR. Pursuant to zations that also address social needs through and putting in the statute all House Resolution 377, the gentlewoman tied to health outcomes. the things that ought to be, A, common from Texas (Ms. ESCOBAR) and a Mem- Social factors like your ZIP Code, in- sense and, B, ought to be part of an ber opposed each will control 5 min- come, race, ethnicity, and language overall educational program for the utes. ability all play a major role in one’s navigators. The Chair recognizes the gentle- health. A good example in the commu- And now recognizing, well, first of woman from Texas. nities I represent is housing and home- all, they are very expensive; second, MODIFICATION TO AMENDMENT NO. 20 OFFERED lessness. Without adequate housing, it there has been at least some level of BY MS. ESCOBAR is hard to address people’s healthcare questionable activity in the use of the Ms. ESCOBAR. Mr. Chairman, I ask needs. taxpayer dollars; and, third, they don’t unanimous consent that my amend- At a recent roundtable I had with know what they are doing, so we have ment be modified in the form that I hospitals, community health centers, got to instruct them via statute; now have placed at the desk. and other medical professionals, they we are going to say: By the way, go do The Acting CHAIR. The Clerk will re- made clear that homelessness pro- all these other things, too, that have port the modification. foundly impacts people’s and their pa- nothing to do directly with enrolling The Clerk read as follows: tients’ health. Hospitals like L.A. people in the Affordable Care Act. MODIFICATION TO AMENDMENT NO. 20 PRINTED County-USC are looking at homeless- So you are going to say, on the one IN HOUSE REPORT NO. 116–61 ness as a health risk factor. hand: We don’t think you are getting it OFFERED BY MS. ESCOBAR OF TEXAS What does that mean? That means, right; we have got to give you more In lieu of the matter proposed to be in- when you get checked into L.A. Coun- money. Now we are going to give you serted, insert the following: ty-USC, they not only determine do new duties that are kind of loosely de- Page 45, strike lines 20 through 24 and in- you have a family history of pre- scribed, if you ask me, to provide refer- sert the following: existing conditions like heart disease rals to community-based organizations (A) by amending subparagraph (C) to read and hypertension, have you suffered and address social needs related to as follows: from alcoholism, they not only con- health outcomes. ‘‘(C) facilitate enrollment, including with respect to individuals with limited English sider that, but now they put on the That is all going to be in law now? proficiency and individuals with chronic ill- board, right above the patient, ‘‘Home- Really? nesses, in qualified health plans, State med- less.’’ I think this whole program, the more icaid plans under title XIX of the Social Se- The reason why is that you might be I sit and listen to all the amendments curity Act, and State child health plans able to take care of their underlying that need to be put into law to change under title XXI of such Act; and’’. healthcare condition, but, if they end it—this was an ObamaCare creation, so Ms. ESCOBAR (during the reading). up back on the street days later, then I guess we are—I don’t know. I Mr. Chair, I ask unanimous consent to their health outcomes will be nega- wouldn’t say you are sabotaging dispense with the reading. tively impacted. ObamaCare with this, but, certainly, The Acting CHAIR. Is there objection So organizations in our communities you are changing ObamaCare and the to the request of the gentlewoman that are not necessarily healthcare re- navigators. from Texas? lated can play a critical role in ad- We are looking at the costs, and, Mr. WALDEN. Mr. Chairman, reserv- dressing healthcare outcomes. gosh, there is a lot we could do. ing the right to object. Navigators must understand what b 1715 The Acting CHAIR. The gentleman our constituents are facing. They can from Oregon is recognized on his res- meet people where they are and are I think the gentleman has 40 health ervation. well positioned to refer them to organi- centers in his district. And I assume he Mr. WALDEN. Mr. Chairman, I guess zations that can improve that individ- knows that I have got about 63 loca- this is the second time we have had to ual’s long-term healthcare outcome tions; and I assume the gentleman edit amendments on the House floor, if and also reduce costs. knows the money for those health cen- I understand what is happening. We know that the Trump administra- ters runs out at the end of the fiscal There were a lot of amendments of- tion is undermining ObamaCare, and year, and we have got to find a way to fered in the Rules Committee. We were we need to reverse it with this legisla- pay for that. I would rather put the promised by the Democrats at the be- tion. Yet, at the same time, we must money into that than into this pro- ginning of this legislative session that improve health equity to ensure all gram. this would be an open House where our Americans have meaningful access to So, Mr. Chairman, I am going to op- amendments would be considered. I care. My amendment would do just pose this amendment, and I yield back know 92 percent of the amendments the that: improve health equity, lower the balance of my time. Democrats have allowed to come to the costs, and help Americans from all The Acting CHAIR. The question is floor have been Democrat amendments. backgrounds get and stay healthy. on the amendment offered by the gen- Imagine that. Mr. Chair, I yield back the balance of tleman from California (Mr. GOMEZ). We had 16 Republican amendments my time. The amendment was agreed to. on this bill alone. We got one amend- Mr. WALDEN. Mr. Chair, I seek the AMENDMENT NO. 20 OFFERED BY MS. ESCOBAR ment. Democrats got 25, and two of time in opposition to the gentleman’s The Acting CHAIR. It is now in order them we have had to edit here on the amendment. to consider amendment No. 20 printed floor. And then we had one that was a The Acting CHAIR. The gentleman in House Report 116–61. bipartisan, just technical change from Oregon is recognized for 5 min- Ms. ESCOBAR. Mr. Chairman, I have amendment. utes. an amendment at the desk. I sure hope we are not going to see Mr. WALDEN. Mr. Chair, I will try The Acting CHAIR. The Clerk will that for the rest of this Congress under and make this fairly quick. designate the amendment. Democratic control, that we are shut I actually am going to oppose this The text of the amendment is as fol- out of the amendment process. amendment for this reason. Here we lows: When Republicans were in charge and are going through trying to say to the Page 45, strike lines 20 through 24 and in- had the Rules Committee, 45 percent, health navigators, in amendment after sert the following: something like that, of the amend- amendment: Your job is to enroll peo- (A) by amending subparagraph (C) to read ments were minority amendments, ple in health insurance. That is your as follows: Democrat amendments. We opened the job. And, by the way, we are going to ‘‘(C) facilitate enrollment, including with floor to that, and now it has been shut have to pass a law that tells you to be respect to individuals with English pro- ficiency individuals and individuals with down. sure and include a discussion about chronic illnesses, in qualified health plans, Mr. Chairman, I won’t object to this mental health, be sure and include and State medicaid plans under title XIX of the change. It needs to be done. get educated on substance use disorder Social Security Act, and State child health Mr. Chairman, I withdraw my objec- benefits. plans under title XXI of such Act; and’’. tion.

VerDate Sep 11 2014 18:46 Aug 02, 2019 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORD19\MAY\H16MY9.REC H16MY9 H3894 CONGRESSIONAL RECORD — HOUSE May 16, 2019 The Acting CHAIR. The reservation While H.R. 987 restores funding to the wait. We have got 25 amendments from is withdrawn. navigator program, we must ensure my friends on the other side of the Without objection, the reading of the these programs continue to train their aisle, most of which are to tell the nav- modification is dispensed with. assisters to help underserved popu- igator how to do a better job and to put There was no objection. lations. in Federal statute how to, basically The Acting CHAIR. Is there objection My amendment does just that by re- have common sense. to the original request of the gentle- quiring Navigators to provide training I have never thought, by the way, woman from Texas? for their assisters to serve vulnerable you could legislate common sense. I There was no objection. populations, including individuals with don’t know what my colleagues think The Acting CHAIR. The amendment chronic illnesses and limited English of that. I never thought you could. is modified. proficiency. But I do know we need to fund com- The Chair recognizes the gentle- In my home county of El Paso, there munity health centers, and the Na- woman from Texas. are almost 25,000 uninsured individuals tional Health Service Corps, and spe- Ms. ESCOBAR. Mr. Chairman, I yield who are not English proficient. This cial diabetes programs, and teaching myself such time as I may consume. hospitals. And we have got this issue of I rise today to offer an amendment to amendment will ensure navigator pro- the—this will be one that will be inter- H.R. 987, the Strengthening Health grams are able to help all El Pasoans esting. Care and Lowering Prescription Drug find suitable healthcare plans. Simply put, Mr. Chair, access to af- If you don’t want to change Costs Act. The navigator program is crucial to fordable healthcare is a right, and my ObamaCare, are you going to let the communities like El Paso, where we amendment ensures we make every at- Cadillac tax hit insurance plans of have one of the highest uninsured rates tempt to leave no one behind. union workers and people working in in the State of Texas. I urge my colleagues to support this business? Navigators provide free assistance to amendment, and I thank Representa- Or are you going to put off the big my constituents as they maneuver tives TORRES and PORTER for their co- cuts that are coming right at our hos- through the marketplace to find a sponsorship. pitals? I had my hospitals in the other day, healthcare plan that is right for them. Mr. Chair, I reserve the balance of and they are saying, Boy, I sure hope When funded adequately, these pro- my time. you are going to turn off those DSH grams help decrease the uninsured pop- Mr. WALDEN. Mr. Chairman, I seek cuts that are headed our way. We did ulation across the country. time in opposition to the gentle- However, the Trump administration woman’s amendment. that last Congress. I helped lead the ef- has sought to cut funding for the navi- The Acting CHAIR. The gentleman fort on that. gator program in its plan to systemati- from Oregon is recognized for 5 min- But that is actually called for in the cally undermine the Affordable Care utes. underlying ObamaCare which, by the Act. Mr. WALDEN. Mr. Chairman, I re- way, a disproportionate share of hos- By slashing the program’s funding by serve the balance of my time. pitals are those in our rural areas, in 84 percent over the last 2 years, the Ms. ESCOBAR. Mr. Chairman, I yield many cases, have a high portion of total funds allotted for it now stands back the balance of my time. Medicaid, and they were supposed to, at $10 million. Mr. WALDEN. Mr. Chairman, I know as part of the grand bargain with the To exemplify these draconian cuts, it has been a long day here on the Obama administration and Democrats, consider this: floor, and we are covering a lot of take these cuts. And now they are com- In 2017, there were nine navigator ground. We have got a few more ing back to us saying, We can’t afford programs funded in Texas and two op- amendments to go. to take these cuts. erating in El Paso County. Again, I think as we go through these So I don’t know if you will describe In 2018, the number of navigator pro- amendments, and the gentlewoman is that as sabotaging ObamaCare, but I grams in Texas dropped to just two, spot on, we have got to make sure peo- will bet you are going to join us in try- with only one now operating in El Paso ple are trying to help people get access ing to hold off those DSH cuts that are County. This presents a challenge to to insurance; can speak the language, coming at our community hospitals. States and districts like mine that can assist in each one of our districts. So it just strikes me, again, that this have seen their populations increase But it is kind of an indictment to the navigator program must be a mini-dis- over the past decade. existing program, if you think about it, aster in the making if everybody has to The Center for Medicare and Med- that you have got to come here and come to the floor with an amendment icaid Services has coupled these deep legislate this. To me, whether it is to tell them how to do their job, and to cuts with a rule overturning a require- about mental health, or substance reach out and serve the people this ment for navigator programs to train abuse, or this, or the one before, this whole thing was intended to serve. their assisters to help individuals with should be commonsense management So it is not that I am opposed to the chronic illnesses and limited English of a program, and it tells me we have amendment. I just think the under- proficiency. got a problem with the underlying nav- lying program is pretty darn expensive. While the Trump administration igator program. But you have heard me say that before claims this will give navigators more We know that it is very, very expen- today, Mr. Chairman, a time or two. flexibility to tailor their training for sive. We know that they enroll less I yield back the balance of my time. the populations they serve, it is really than 1 percent, less than 1 percent. Ev- The Acting CHAIR. The question is another attempt to scale back what erything we are arguing about this on the amendment, as modified, offered has proven to be a successful program. afternoon with all the amendments on by the gentlewoman from Texas (Ms. By cutting funds and reversing this the navigator program, both, are shin- ESCOBAR). requirement, navigator programs will ing the light on the shortcomings of The amendment, as modified, was be forced to choose between extra the program itself, which I think the agreed to. training for their assisters or hiring administration has pointed to and said, AMENDMENT NO. 21 OFFERED BY MS. WEXTON more of them to cover counties now This thing isn’t working very well, and The Acting CHAIR. It is now in order lacking operational programs. it is at the least very expensive; $767 to consider amendment No. 21 printed Navigator programs that do not pro- per enrollee, it appears. In the private in House Report 116–61. vide proper training could result in sector they do it for much, much, Ms. WEXTON. Mr. Chairman, I have their assisters being underprepared much, much less. an amendment at the desk. when a consumer from a vulnerable So it is not that this amendment is The Acting CHAIR. The Clerk will population comes to them for assist- bad or misguided. I don’t think it is. designate the amendment. ance. Enrolling in the marketplace can But I think, once again, it is like a The text of the amendment is as fol- be complex for anyone, especially for bright light on the underlying program lows: those whose primary language is not that must be fraught with all kinds of In section 204, strike ‘‘The Secretary’’ and English. problems, because we have got 16—no, insert the following:

VerDate Sep 11 2014 05:49 May 17, 2019 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.106 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3895 (b) PROHIBITION.—The Secretary junk plans and whose children subse- they could go up to a couple of years, In section 204, insert after the header the quently encounter medical difficulties I guess. Four states have already said following new subsection: may soon find that these insurance no way, no how; three have said 8 (a) FINDINGS.—Congress finds the fol- lowing: plans are effectively worthless, failing months, that is as long as you can go; (1) On August 3, 2018, the Administration to cover the healthcare their children 12 have said that you can go to 6 issued a final rule entitled ‘‘short-term, lim- need, and terminating their coverage if months; and 27 States, including the ited-duration insurance’’ (83 Fed. Reg. 38212). it becomes too expensive. These chil- State of Virginia, the Commonwealth (2) The final rule dramatically expands the dren could also be subject to lifetime of Virginia, has said 364 days. sale and marketing of insurance that— coverage caps that they would exceed Now, look, the important thing here, (A) may discriminate against individuals before they are old enough even to go and I think we would have to agree on living with preexisting health conditions, in- this if this were the amendment, there cluding children with complex medical needs to preschool. and disabilities and their families; The Trump administration’s actions should be full and complete disclosure (B) lacks important financial protections don’t only harm families purchasing of what these plans cover or do not provided by the Patient Protection and Af- junk plans. As more people participate cover, full and complete, completely fordable Care Act (Public Law 111–148), in- in these junk plans, the families who transparent, because the last thing any cluding the prohibition of annual and life- remain in comprehensive ACA-compli- of us wants is someone with a pre- time coverage limits and annual out-of-pock- ant plans would also see the cost of existing condition or some other issue et limits, that may increase the cost of their insurance premiums increase. or complex medical situation, like the treatment and cause financial hardship to No family should face uncertainty gentlewoman described, from getting a those requiring medical care, including chil- dren with complex medical needs and disabil- about whether or not their children plan that basically they are told covers ities and their families; and will have access to lifesaving care those things when it doesn’t. (C) excludes coverage of essential health when they need it most. Now, it is interesting, I know Dr. benefits including hospitalization, prescrip- My amendment includes findings BURGESS is not only a distinguished tion drugs, and other lifesaving care. that highlight just how harmful these member of the Energy and Commerce (3) The implementation and enforcement of junk plans are for the up to 130 million Committee, but one of the rare individ- the final rule weakens critical protections Americans living with preexisting uals in our body that also serves on the for up to 130 million Americans living with health conditions, and how they jeop- Rules Committee. preexisting health conditions and may place If memory serves me right, Dr. BUR- a large financial burden on those who enroll ardize Americans’ access to quality, af- in short-term limited-duration insurance, fordable health insurance. GESS, I believe one of our colleagues, which jeopardizes Americans’ access to qual- Mr. Chairman, I reserve the balance the chair of the Energy and Commerce ity, affordable health insurance. of my time. Subcommittee on Health, had an The Acting CHAIR. Pursuant to Mr. WALDEN. Mr. Chairman, I seek amendment in the Rules Committee House Resolution 377, the gentlewoman time in opposition to the gentle- that would require full disclosure and from Virginia (Ms. WEXTON) and a woman’s amendment. transparency, right? Member opposed each will control 5 The Acting CHAIR. The gentleman Mr. BURGESS. Will the gentleman minutes. from Oregon is recognized for 5 min- yield? The Chair recognizes the gentle- utes. Mr. WALDEN. I yield to the gen- woman from Virginia. Mr. WALDEN. Mr. Chairman, I re- tleman from Texas. Ms. WEXTON. Mr. Chairman, I yield serve the balance of my time. Mr. BURGESS. Mr. Chair, the gen- tleman is correct. And, in fact, if the myself such time as I may consume. b 1730 Mr. Chairman, my amendment in- gentleman will recall, that in our com- cludes findings about how short-term, Ms. WEXTON. Mr. Chairman, junk mittee work on these bills dealing with limited-duration insurance weakens plans provide inadequate medical cov- the Affordable Care Act, the chair- protections for the millions of Ameri- erage and circumvent crucial consumer woman of the Subcommittee on Health cans living with preexisting health protections afforded by the Affordable actually had this as a stand-alone bill. conditions, including children with Care Act and are harmful to those liv- It was not considered when we did complex medical needs and disabilities. ing with preexisting conditions. the markup on the other four bills. For Last year, the Trump administration We have a responsibility to guar- some reason, it fell off the list that greatly expanded the sale and mar- antee affordable quality health insur- day. I don’t know why. I wasn’t con- keting of short-term, limited-duration ance for every American. sulted, and I wasn’t advised. But it was insurance, also known as junk insur- Mr. Chair, I hope my colleagues offered as one of the amendments up in ance, plans. And these plans are junk agree, and I urge them to support this the Rules Committee, again, by a because they don’t provide critical pro- amendment. I thank my colleagues, Democratic member of the Energy and tections laid out by the Affordable and I yield back the balance of my Commerce Committee, the chairwoman Care Act. time. of the Subcommittee on Health, but As my amendment points out, these Mr. WALDEN. Mr. Chair, I yield my- the amendment was not made in order. plans lack important financial protec- self such time as I might consume. And, again, I don’t know why. I was tions, may discriminate against indi- Mr. Chairman, I note that the gentle- not part of the discussion of the major- viduals living with preexisting condi- woman’s amendment—and it is a seri- ity that decided which amendments tions, and may exclude coverage of es- ous amendment, we appreciate it being were going to come to the floor. sential health benefits such as pre- offered. But in her State of Virginia, It was perhaps a little surprising, be- scription drugs and hospitalization. the State of Virginia said it is okay to cause a majority of the amendments The protections afforded by the Af- offer these plans up to 364 days dura- that were made in order were Demo- fordable Care Act are literally life- tion, short-term, limited-duration in- cratic amendments. And, again, this saving for children with complex med- surance policies. These fill a gap that was a Democratic amendment. ical needs and disabilities. These chil- are regulated by her State. I think the ranking member of the dren require specialized treatment and These kinds of plans, Mr. Chairman, full committee and I agree, that this is medical care that depends on medica- were first approved by the Obama ad- precisely the type of situation where tions, therapies, and equipment such as ministration, because they must have you would want the purchaser to have ventilators, oxygen tanks, feeding recognized that there would be a need complete knowledge of what they were tubes, and specialized wheelchairs. The for a short-term plan to fill a gap here buying. And the State Commissioner of ACA’s essential health benefits ensure and there, and obviously a lot of Amer- Insurance, I know in my State in plans cover this care and treatment icans have taken advantage of those Texas, is very clear about that. On the that these children may need. plans. website of the State of Texas, you need Children with complex medical needs Now, because of that, the Trump ad- to know what you are buying. often require extended hospitals stays ministration said, well, maybe if they This would be one of those cases with medical care costing into the mil- are good for 3 months, we should let where that disclosure, in fact, would be lions of dollars. Families who purchase States decide up to a year, and then extremely helpful to the family that is

VerDate Sep 11 2014 04:57 May 17, 2019 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.035 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3896 CONGRESSIONAL RECORD — HOUSE May 16, 2019 trying to make a decision. Because, year, in the case of an Exchange established track how they are deploying resources look, why is someone looking at buy- or operated by the Secretary within a State to support enrollment. ing a limited-duration plan? They are pursuant to this subsection, the Secretary In fact, the nonpartisan GAO looking at buying a limited-duration shall establish annual enrollment targets for slammed the administration for refus- such Exchange for such year.’’. plan because they can’t afford what is ing to set targets and having no way to being sold on healthcare.gov or there The Acting CHAIR. Pursuant to evaluate overall performance. perhaps is some temporary situation, a House Resolution 377, the gentleman As a small business owner, I can’t job transition or something that they from New Hampshire (Mr. PAPPAS) and fathom how leaders can work towards are trying to cover. a Member opposed each will control 5 success without clearly defined goals. The fact of the matter remains that minutes. How do you measure progress? How do the child described in the previous dis- The Chair recognizes the gentleman you know how to best utilize your re- cussion would likely be better covered from New Hampshire. sources? How do you know if you need in one of the plans sold at Mr. PAPPAS. Mr. Chair, I yield my- to make a course correction? healthcare.gov, but if, for whatever self such time as I may consume. The American people deserve to reason, the family decided that they Mr. Chair, I want to thank my col- know their government is working to wanted to investigate a less expensive leagues for introducing this legislation expand access to care, not seeking to plan and a limited-duration plan, that that works to improve our healthcare limit it. is certainly their right to do so. Prob- system and lower the skyrocketing In the greatest Nation on Earth, no ably not the best advice for them to costs of prescription drugs. This bill American should miss the opportunity buy that limited-duration plan, but will bring much needed relief to the to have healthcare, economic security, certainly they should be free to do so, millions of Americans who are strug- quality of life, and the peace of mind but they should also receive the infor- gling to afford the care that they need. that comes with it. mation. The people from my home State of Mr. Chair, I urge the adoption of this Mr. WALDEN. Mr. Chair, back to the New Hampshire know that we must amendment, and I reserve the balance issue of the gentlewoman’s amend- move beyond a political debate over of my time. ment, the chair of the Subcommittee the ACA to bipartisan action that will Mr. WALDEN. Mr. Chairman, I rise on Health, her amendment, the short improve coverage and lower costs. in opposition to the amendment. summary here says: Just last week, I was proud to vote to The Acting CHAIR. The gentleman Require short-term, limited-duration in- protect Americans with preexisting from Oregon is recognized for 5 min- surance plans to prominently carry a disclo- conditions and introduce an amend- utes. sure the plan provides coverage for limited ment to safeguard coverage for those Mr. WALDEN. Mr. Chair, I reserve medical conditions and benefits. suffering from substance use disorder. the balance of my time. That amendment was not made in The amendment I am offering today Mr. PAPPAS. Mr. Chairman, I urge order. It should have been made in strengthens this legislation and the adoption of this amendment, and I order, because then we could get to the ACA by ensuring the administration is yield back the balance of my time. other question here, which I think we actively working to expand Americans’ Mr. WALDEN. Mr. Chair, I yield my- all agree on, is that there needs to be access to care. self such time as I may consume. complete transparency of these things, Specifically, my amendment requires Mr. Chairman, while I appreciate the because they don’t cover everything. the Department of Health and Human gentleman’s amendment, and I am all We all buy lots of insurance products Services to set enrollment targets, about setting targets and holding peo- for cars, houses, life insurance, dis- goals that can be tracked and pursued ple accountable for their goals, it turns ability, and all these things, and I want with smart investments of resources. out the navigators already tried that, it to be easy to understand, full disclo- This commonsense practice was em- and it didn’t work very well. So I don’t sure. ployed by the previous administration, know that having Secretary Azar set a Mr. Chair, I yield back the balance of yet the Trump administration has goal for each of the exchanges and all my time. failed to do so. is going to work any better. The Acting CHAIR. The question is While they should be promoting en- Navigators enrolled less than 1 per- on the amendment offered by the gen- rollment for affordable coverage, cent of total enrollees. And according tlewoman from Virginia (Ms. WEXTON). Health and Human Services has slashed to one report, in fact, the navigator’s The question was taken; and the Act- the advertisement and outreach budget program had an enrollment goal of ing Chair announced that the ayes ap- by 90 percent and it cut in-person en- 2,000, but, well, he kind of fell short. He peared to have it. rollment assistance funding nearly in only enrolled one person. So that is a Ms. WEXTON. Mr. Chair, I demand a half. bit of a problem. recorded vote. These actions have very real con- The Acting CHAIR. Pursuant to I think goals are a good thing, but I sequences. Recent reports indicate that clause 6 of rule XVIII, further pro- don’t know that that is going to help more than 1.1 million Americans lost ceedings on the amendment offered by here. We know how many people get healthcare coverage in 2018. the gentlewoman from Virginia will be enrolled. We know information around In my State of New Hampshire, more postponed. this. than 10,000 individuals lost coverage I don’t know. Once again, here we are AMENDMENT NO. 22 OFFERED BY MR. PAPPAS over the past 3 years. trying to micromanage a program that The Acting CHAIR. It is now in order These cuts have hindered organiza- clearly has a lot of flaws, or we to consider amendment No. 22 printed tions such as the Bi-State Primary wouldn’t be putting all these things in House Report 116–61. Mr. PAPPAS. Mr. Chair, I have an Care Association in New Hampshire. into statute. amendment at the desk. The organization is responsible for I mean, I don’t think we are giving The Acting CHAIR. The Clerk will helping nearly 110,000 underserved these amendments to 25 Democrats designate the amendment. Granite Staters navigate the complex- just because they are freshmen. I think The text of the amendment is as fol- ities of our healthcare system and find they have substantive issues they are lows: coverage in the enrollment period, trying to bring to the floor here. But it Page 47, line 23, insert after ‘‘ACTIVITIES’’ which lasts only 6 weeks. seems to me that this is really odd to the following: ‘‘AND ANNUAL ENROLLMENT TAR- In the words of Executive Director micromanage a program to this level, GETS’’ (and update the table of contents ac- Tess Kuenning: and so I am going to end up opposing cordingly). The loss in funding means a loss of a trust- this amendment. Page 48, line 2, strike ‘‘paragraph’’ and in- ed impartial adviser educating and providing Mr. Chairman, I yield back the bal- sert ‘‘paragraphs’’. information so people can make an informed ance of my time. Page 49, line 18, strike the closing decision about health insurance coverage. quotation mark and second period and insert The Acting CHAIR. The question is the following: Without collecting and monitoring on the amendment offered by the gen- ‘‘(5) ANNUAL ENROLLMENT TARGETS.—For enrollment numbers, it is impossible to tleman from New Hampshire (Mr. plan year 2020 and each subsequent plan hold the department accountable or PAPPAS).

VerDate Sep 11 2014 04:57 May 17, 2019 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.110 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3897 The amendment was agreed to. make it as difficult as possible to in- funds for education and outreach. We AMENDMENT NO. 23 OFFERED BY MR. COX OF sure yourself and your family. need to know why you are still charg- CALIFORNIA Funding for vital navigator programs ing States a 31⁄2 percent user fee to ac- The Acting CHAIR. It is now in order was slashed by 40 percent. This was a cess a Federal platform if those fees to consider amendment No. 23 printed move the Government Accountability aren’t being used for the purposes they in House Report 116–61. Office, the GAO, has self-described as were collected. And, naturally, we need Mr. COX of California. Mr. Chair, I ‘‘problematic.’’ But it is much more to know why there was a recent 50 per- have an amendment at the desk. than problematic; it is detrimental. cent increase in user fees for State- The Acting CHAIR. The Clerk will It is clear their goal is and always based marketplaces. Talk about a tax designate the amendment. has been to drive ACA enrollment down rate hike. The text of the amendment is as fol- to zero. My amendment seeks answers. It re- lows: Last year, the administration began quires an annual report to be sub- Page 47, after line 18, insert the following: allowing insurance companies to pro- mitted to Congress that includes a de- (b) PROMOTE TRANSPARENCY AND ACCOUNT- vide junk insurance plans, plans that, tailed breakdown on spending for, one, ABILITY IN THE ADMINISTRATION’S EXPENDI- outreach and enrollment; two, the nav- TURES OF EXCHANGE USER FEES.—For plan for one, don’t protect consumers with year 2020 and each subsequent plan year, not preexisting conditions. igator program; and, three, the mainte- later than the date that is 3 months after the Now the administration is pushing nance of healthcare.gov and the call end of such plan year, the Secretary of the ACA navigators to promote these centers. Health and Human Services shall submit to junk plans, advertising these plans as No one should be denied or dropped the appropriate committees of Congress and somehow comparable to qualified ACA healthcare coverage because they are a make available to the public an annual re- senior, pregnant, or get sick. port on the expenditures by the Department plans that provide full protections. Obviously, consumers are going to be Healthcare is a right, not a privilege, of Health and Human Services of user fees and everyone deserves access to qual- collected pursuant to section 156.50 of title confused by this. 45, Code of Federal Regulations (or any suc- The GAO found that the drastic re- ity, affordable care. It is critical now, cessor regulations). Each such report for a duction in outreach and advertising, more than ever, for us to receive an- plan year shall include a detailed accounting ‘‘Likely detracted from the 2018 enroll- swers on how the ACA user fees have of the amount of such user fees collected ment.’’ been spent over the last 2 years by this during such plan year and of the amount of That is not likely. That is a fact. administration. such expenditures used during such plan year I urge my colleagues to support my This is unacceptable, and it works di- for the federally facilitated Exchange oper- amendment, and I yield back the bal- rectly against the intent of the law, ated pursuant to section 1321(c) of the Pa- ance of my time. which is to get more people healthcare tient Protection and Affordable Care Act (42 Mr. WALDEN. Mr. Chairman, I seek U.S.C. 18041(c)) on outreach and enrollment coverage. time in opposition to the gentleman’s activities, navigators, maintenance of For some reason, this administration Healthcare.gov, and operation of call cen- amendment. thinks that having uninsured Ameri- The Acting CHAIR. The gentleman ters. cans is a good thing. Page 47, line 19, strike ‘‘(B)’’ and insert from Oregon is recognized for 5 min- ‘‘(C)’’. My Democratic colleagues, the utes. The Acting CHAIR. Pursuant to American public, and I believe dif- Mr. WALDEN. Mr. Chairman, it is House Resolution 377, the gentleman ferently. amazing to me that 17 navigators, ac- In my home State of California, we from California (Mr. COX) and a Mem- cording to CMS, during the grant year ber opposed each will control 5 min- saw the value of investing in ACA con- 2016 to 2017, 17 of these navigators that utes. sumer education outreach. The way to my friends on the other side of the The Chair recognizes the gentleman get people covered and reduce unin- aisle are such big fans of enrolled fewer from California. sured rates is to educate consumers than 100 people at an average cost of Mr. COX of California. Mr. Chair, I about their healthcare coverage op- $5,000 per enrollee. That doesn’t seem am honored to be here today to intro- tions and make sure they know that to be very cost efficient to me. duce my amendment to H.R. 987, the healthcare insurance is affordable and As I have said before, today, The Strengthening Health Care and Low- within reach. Wall Street Journal investigation ering Prescription Drug Costs Act. Having strong consumer outreach found one grantee got 200 grand and en- My amendment promotes trans- and enrollment activities can, in fact, rolled one person. This is a great pro- parency and accountability to how the lower premiums. This is exactly what gram. Trump administration is spending Af- we found in California. You can’t understand why the Trump fordable Care Act, ACA, user fees. Our State program covering Cali- administration wants to cut back and For nearly 2 years now, the Trump fornia estimates that its outreach ac- put some boundaries around? I can’t administration and Republicans in tivities lowered premiums by up to 8 imagine why you would embrace that. Congress have tried and failed to repeal percent for all consumers. I just don’t get it. the ACA. Had they been successful, 23 b 1745 The top 10 most expensive navigators million hardworking Americans would collected $2.77 million, and they signed have lost their health insurance and be This is basic economics. More par- up 314 people. Let that one sink in. I left with nothing, no health security ticipants equal lower costs for every- mean, if you all want to embrace that, for themselves, their children, or their one. That 8 percent reduction amounts that is up to you. Not the way I would families. to some $576 million in my State alone. do business. When those efforts didn’t pan out, That, my friends, is a great invest- The Las Vegas Review-Journal edito- the Trump administration and our ment. rialized: ‘‘The navigator scheme is a friends across the aisle turned their at- There is a clear intent by this admin- make-work government jobs program tention to sabotaging the ACA, dis- istration and the Republican Members rife with corruption and highly suscep- mantling the law piece by piece. to undermine the Affordable Care Act tible to scam artists. It’s a slush fund First on the chopping block, they by drastically reducing vital funding for progressive constituent groups.’’ shorted the ACA enrollment periods by for a fully functioning marketplace. That is a respected newspaper. The over half, from 92 days to 45. Less time And who does that hurt? Everyone. journalist is writing this, Wall Street to make a decision means less partici- This administration intends to jam Journal’s investigation. pation. the spokes on the progress the ACA has We figure out $62.5 million in grants Next up was cutting funding for con- made to increase the number of people enrolled 81,426 individuals. That is less sumer education and outreach, not just with healthcare coverage. Congress and than 1 percent. That is your naviga- a small cut, but a reduction of 90 per- the American people deserve answers tors, Mr. Chairman, that some are so cent from $100 million to just $10 mil- to these attempts to subvert the ACA. enthralled with; that is their body of lion. First, we need to know what the ad- work: $62.5 million, 1 percent. The goals are clear: let’s keep public ministration has been spending ACA Now, if you just run a simple calcula- healthcare options a secret and let’s user fees on if they are not using these tion, that means about $767 was spent

VerDate Sep 11 2014 05:00 May 17, 2019 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.113 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3898 CONGRESSIONAL RECORD — HOUSE May 16, 2019 per individual that was enrolled. That In my home State of California, we America’s success. We must fund the is a lot of money. have been making these necessary in- navigator program to help educate By contrast, agents and brokers as- vestments to ensure people throughout those who are difficult to reach geo- sisted with 42 percent of the federally our State get the information they graphically or who have limited access facilitated exchange enrollment for need to obtain coverage, and it works. to ACA resources. plan year 2018, which cost the FFE only Our State-based marketplace, Covered This is a critical and necessary in- $2.40, $2.40 per enrollee to provide California, estimates that its invest- vestment that will build stronger, training and technical assistance. ment in the marketing and outreach in healthier, and more productive com- So we have before us this oppor- 2015 and 2016 increased enrollment, munities and an America that dem- tunity to either fund a program that which reduced premiums by up to 8 onstrates that its best investments are appears to be susceptible to scam, ac- percent for all of our enrolled mem- its people. cording to one paper: One person gets bers. That is savings to all enrolled With that, I urge my colleagues to enrolled, and one person gets paid members of some $576 million. Based on support my amendment, and I reserve $200,000 to enroll that one person. That a small budget of some $56 million, the balance of my time. is the outcome. That doesn’t seem to that is a great investment. That is a Mr. WALDEN. Mr. Chairman, I claim make a lot of sense to me. 1,000 percent return on investment. the time in opposition to the gentle- So I would say to my colleague from That is a great deal by anyone’s meas- man’s amendment. California that where we really need ure. The Acting CHAIR. The gentleman the transparency and accountability is That is the goal: to reduce the num- from Oregon is recognized for 5 min- on the navigators themselves. That is ber of uninsured Americans. We all utes. where we ought to be investigating. know that, when we have insurance, we Mr. WALDEN. Mr. Chairman, I re- And on the short-term duration stay healthy, and this strengthens our serve the balance of my time. plans, it is unfortunate that Ms. overall healthcare system, our commu- Mr. COX of California. Mr. Chairman, ESHOO’s amendment was not made in nities, and our Nation. I yield back the balance of my time. order, because I agree that we need That is why the navigator program is Mr. WALDEN. Mr. Chairman, let me more transparency on those plans so so important, and the Trump adminis- just make a couple of points. people know what they are buying. I tration’s 84 percent cut to the program First of all, of course we want navi- don’t want anybody to get a plan that since 2016 is just unacceptable. It is im- gators to work in areas where there is doesn’t cover what they need. I don’t perative that funding be restored to high unemployment. My district, over think any of us do. navigator programs. the years, has had some of the highest So, Mr. Chairman, I oppose the gen- Navigator programs help those with- unemployment in the State of Oregon. tleman’s amendment, and unless any out employer-sponsored insurance Then I go down the list of future other Member requests time, I yield through small companies, sole propri- amendments here, and it is like, oh, we back the balance of my time. etors, contractors, and every one of have got another one coming up that The Acting CHAIR. The question is those entrepreneurs who are staking ensures rural areas are included in the on the amendment offered by the gen- their claim to the American Dream. navigator outreach. Well, that is a tleman from California (Mr. COX). The fact is many people who are eli- good idea. The amendment was agreed to. gible for financial assistance through And then there is another one that AMENDMENT NO. 24 OFFERED BY MR. COX OF the ACA, which would help them ob- ensures that State healthcare exchange CALIFORNIA tain coverage, don’t even know they outreach activities also target our vet- The Acting CHAIR. It is now in order can get help, and this administration eran population. Yes, that is a good to consider amendment No. 24 printed wants to keep them in the dark. Some idea. in House Report 116–61. Why are we having to put all this in Mr. COX of California. Mr. Chairman, 40 percent of consumers today don’t statute? Who the heck is running this I have an amendment at the desk. even know there are options available. program, and why is it such a mess The Acting CHAIR. The Clerk will My congressional district has an un- that it requires amendment after designate the amendment. employment rate of almost 17 percent, The text of the amendment is as fol- and this is made up of rural commu- amendment after amendment? My lows: nities that face unique challenges and point is: Where does this stop? Of course we want them to work with Page 48, line 20, after ‘‘populations,’’ insert barriers with respect to education, ‘‘individuals residing in areas where the un- communication, and transportation. veterans. Of course we want them to employment rates exceeds the national aver- This makes it very difficult for my work with seniors and the young. Are age unemployment rate,’’. constituents to receive information on we going to go to age segments here, 18 The Acting CHAIR. Pursuant to their healthcare insurance options. to 29, 31 to—I mean, come on. Really? House Resolution 377, the gentleman This is so similar to many of our We are going to put all this in statute? from California (Mr. COX) and a Mem- rural communities across our Nation. How do they not have common sense? ber opposed each will control 5 min- For many of those communities, the Who are these navigators that we have utes. navigator program is the only way to direct them from the floor of the The Chair recognizes the gentleman they can access this vital information. House into statute? Oh, by the way, be from California. Everyone should have health insur- sure and work in an unemployed area. Mr. COX of California. Mr. Chair, I ance and know their healthcare op- Be sure to mention that there are serv- am honored to be here today to intro- tions. Healthcare is a right, not a privi- ices for mental health and substance duce my amendment to H.R. 987, The lege, and your ZIP Code should not dic- abuse. Oh, don’t forget this, that, and Strengthening Health Care and Low- tate your ability to obtain health in- the other thing. ering Prescription Drug Costs Act. surance. I mean, I think we only ran out of My amendment would ensure that My amendment would help distressed amendments because we ran out of communities with high unemployment communities like those in my district ideas of things to put into the statute, numbers are prioritized in the navi- and so many more across our Nation but that is no way to run a program. gator outreach program. that may not have the resources to ac- And if it costs $767 for everyone they The Affordable Care Act created nav- cess the full healthcare options. By sign up for the government to run its igator programs to provide outreach, fully funding the navigator program navigator program but the private sec- education, and enrollment assistance and by focusing our efforts on areas tor can do it for $2.40, that is not a very to consumers shopping for healthcare that have high unemployment, we can economical way. You don’t make it up coverage. Robust marketing and out- get more people covered. And that is in volume. reach programs through the navigator the goal. And of course we want people to get program have been very successful Here in America, the building blocks access to insurance and information. I throughout the country and have dem- for success are a quality education, was in the radio business for 20 years. onstrated meaningful benefits to our dedication to hard work, and good Our job was to get information out to consumers. health. A healthy workforce is vital for consumers, so I am all about that.

VerDate Sep 11 2014 05:49 May 17, 2019 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.115 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3899 It is just amazing, though, when you gress. I watched it because I watched words, that if you like your healthcare, see the inefficiency of a Federal system the committee work together, find you could keep it. versus the efficiency of a private-sector common ground in a place where it is I thought those millions of Ameri- initiative. really difficult. cans who lost their healthcare that And here we just passed an amend- But when I looked at The Wash- time, that that would be the end. But ment, $25 million more into this pro- ington Post, it was very interesting. no, Mr. Chairman, the Democrats took gram, and yet we know in some cases This is what they said. They actually the majority again. I thought that was there is enormous cost, and there ap- put it best. Democrats are putting a enough. pears to be, you know—I don’t know— ‘‘political pothole’’—yeah, that is what Had you taken enough health policies malfeasance. I don’t know what it is. they said—a ‘‘political pothole’’ in the away from millions of Americans? The But if the top 10 most expensive navi- way of real drug pricing reform. answer was no. They had a few more to gators collected $2.77 million to sign up You know, if you ever spend time go. Mr. Chairman, 1.5 million, the Con- 314 people, I think we are in the wrong back in your district or across this gressional Budget Office says. business. We ought to go be navigators country, I would promise you one of So think, tomorrow when Americans at that rate. That is a pretty good rate the top three issues you will get is the wake up, there was a moment the of return for them, but not for the peo- price of drugs. I think everybody in prices could be lower. But, no. Would ple and the taxpayers. this body was looking forward to this they ever think that not only are you Mr. Chairman, I yield 1 minute to the day, prior to the Democrats playing not going to lower them, but you are distinguished gentleman from Cali- with political potholes. going to take my healthcare away? Make no mistake, the drug pricing fornia (Mr. MCCARTHY), the Republican That is exactly what is going to hap- leader of the United States House of component of H.R. 987 is very strong. pen here today. That is the poison pill Representatives. The three drug pricing bills in this leg- they added to the bills. islation get to the heart of the prob- Mr. MCCARTHY. Mr. Chairman, I Mr. Chairman, 1.5 million Americans want to spend 1 minute and thank my lem, the lack of competition in the ge- will lose their plans. Now, if you listen neric drug market. Increased competi- friend, Congressman WALDEN. I know to the other side, they say, no, no, it is the work that he puts in when it comes tion for generic drugs would lead to net neutral. You know what it is? The to healthcare for America. lower prices and make medication CBO says, no, it goes down to 500,000. Mr. Chairman, I know of a bill that more accessible. Two things, I think, I have heard them use the Congres- anybody in America would desire. Mr. WALDEN has in to protect pre- sional Budget Office thousands of Just think for a moment. You would existing conditions. We have asked times, Mr. Chairman, on the floor. I get more competition, more choice, many times to mark it up or bring it to haven’t heard them use it today. and lower prices. the floor—no, not brought. It is talked Mr. Chairman, if you read books We were so close. We got out of com- about politicians, if you read ‘‘The about a lot, Mr. Chairman, but no bill mittee. The Members on both sides said to bring it here. Prince’’ and you read Machiavelli, it is yes. The only step you had left: Go to interesting, the ends justify the means. I know your care when it comes to the Rules Committee and come to the not just healthcare, but the type of That is what it says. You see, it is floor. about control. It is really about who treatment one is able to get, the qual- But as you pass through that com- can control what you can have. ity of care out there, because, Mr. mittee to get to the Rules Committee There was a moment there that you Chairman, there are people out there and get to the floor, I guess it had to go would have greater options and lower who will run health facilities for the through leadership. Leadership made a prices. No, we will tell you what you seniors but don’t do a very good job. choice: Politics before people. need and what you can have. The quality is not there. These reforms would have removed There was a moment there that you barriers to generic drugs entering the b 1800 would have even greater options when market, making healthcare more af- People have lost their own it came to healthcare. No, that is not fordable for patients. It is a real healthcare within there. People have going to be. We are going to take that change. been fined by the way they have treat- That would have been a positive mo- away from you. And you know what? It ed individuals and seniors. People have ment we all could have celebrated. But is going to cost you more when we do lost eyes just because the treatment you know what is going to happen it. had been poor. here? It is going to be a partisan vote Mr. Chairman, I would say I would be Mr. Chairman, we are here today on and a bill that goes nowhere. shocked that this was going to happen. this floor because we all know that It is going to be a pothole that most I can’t say I am shocked anymore be- drug prices are too high. That is why people will say elected officials are cause, Mr. Chairman, on one side of the the Energy and Commerce Committee supposed to fix, not create. It is the op- aisle in this Chamber, half of the entire worked tirelessly to pass three posite of what elected officials are sup- majority party has cosponsored a bill, healthcare bills unanimously to ad- posed to do. They are supposed to fill Medicare for none. dress that. in the potholes, not dig them. Not only are they taking more than Now, how often is that said on this But if you read The Washington Post, 1.5 million Americans’ plans away floor? Not very often. It was a moment they will tell you exactly who created today, but they also have a plan to that I heard from almost every member them—the Democrats. take more than 150 million Americans’ on that committee, a moment of pride. There are a lot of things that happen plans away. They are going to bank- We could have legislation passed in a on this floor that at times are reckless, rupt Medicare. They are going to deny bipartisan fashion today. We could irresponsible, and just downright em- you if you have private healthcare take it from that committee and bring barrassing. Mr. Chairman, this is one now. it to the floor, and we would have the of them. Why at a time when both sides But that is okay. The ends justify the exact same thing happen. We could say they want to lower the prices of means. Why? Because they have con- have the Republicans and the Demo- drugs and give people more options? trol. crats coming together to lower the It goes to the core of the individual, That is exactly what happened here, price of drugs. of their own health. Well, it goes to the Mr. Chairman. You had a committee You know who wins? All of America. core of what the Democrats want to do. that worked in a bipartisan manner. It Sadly, however, these good faith ef- They don’t want to make law. They is really irresponsible that the Rules forts have been unnecessarily thrown love playing politics. Committee or the leadership would un- into a partisan and senseless attempt You know what happens when they dercut their own chair of that com- to bail out pieces of the Affordable play politics? Not only do keep drug mittee to put a poison pill on three Care Act. prices high, but they break another bills that came out in a bipartisan Now, I don’t say that—but I guess I promise. manner, with an idea that they would just did, Mr. Chairman. I knew it be- I happen to have been in this body, work in good faith, with an idea that cause I happen to be a Member of Con- Mr. Chairman, when I heard those they would put people before politics.

VerDate Sep 11 2014 05:00 May 17, 2019 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.118 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3900 CONGRESSIONAL RECORD — HOUSE May 16, 2019 When you study history, and they havior that denies access for new brunt of the coverage gap. They simply talk about elected officials, they will generics, then you want to move quick- don’t have enough patients with cov- tell you even from the most local ly, not slowly. You want to move in a erage to offset the ones without it. places you get elected, the jobs you are bipartisan way, not a partisan way. Un- The Washington Post just wrote a going to have are filling in potholes. I fortunately, that is not our way today. story about a 15-bed hospital in my never heard someone say your job as Mr. Chairman, I yield back the bal- home State in a town called Fairfax. elected officials is to create potholes, ance of my time. Fairfax Community Hospital is so close but that is what we witnessed today. The Acting CHAIR. The question is to closing that their computer software It is a sad day for this House. We on the amendment offered by the gen- won’t operate because the licensing could do so much better. We did in tleman from California (Mr. COX). fees haven’t been paid. committee. The amendment was agreed to. Their air-conditioning is also shut Is it just, Mr. Chairman, that the ma- The Acting CHAIR. The Chair is ad- down. Imagine that, as it gets hotter jority doesn’t want to solve a problem? vised that amendment No. 25 will not and hotter in the Oklahoma summer- Because, Mr. Chairman, I have be offered. time. searched. They have been in power for AMENDMENT NO. 26 OFFERED BY MS. KENDRA S. I want to share an excerpt of the quite some time, and I have not found HORN OF OKLAHOMA story because these matters are about one problem they have solved yet. I The Acting CHAIR. It is now in order real lives. It is not about numbers. found a few potholes they created. I to consider amendment No. 26 printed These are about people who are suf- think we have enough problems. in House Report 116–61. fering because they don’t have access When we have that moment that we Ms. KENDRA S. HORN of Oklahoma. to care. can come together inside of a com- Mr. Chair, I have an amendment at the 1815 mittee, could we just keep it a little desk. b longer so it can get to the floor? The Acting CHAIR. The Clerk will It starts with CEO Tina Steele talk- Mr. Chairman, there will be an op- designate the amendment. ing to the employees who are crammed tion. There will be an amendment in The text of the amendment is as fol- in a crowded office and sweating. this body that gives you an oppor- lows: ‘‘So how desperate are we?’’ One em- tunity. If you were in that Committee Page 48, line 20, after ‘‘populations,’’ insert ployee asked. ‘‘How much money do we on Energy and Commerce and you ‘‘individuals in rural areas,’’. have in the bank?’’ voted on these bills without the poison The Acting CHAIR. Pursuant to ‘‘Somewhere around $12,000,’’ Steele pill, it will be your moment of truth. It House Resolution 377, the gentlewoman said. will tell a lot to America, Mr. Chair- from Oklahoma (Ms. KENDRA S. HORN) ‘‘And how long will that last us?’’ man, whether you serve your constitu- and a Member opposed each will con- ‘‘Under normal circumstances?’’ ents or you serve your leadership. trol 5 minutes. Steele asked. She looked down at a That is what we will be watching. The Chair recognizes the gentle- chart on her desk and ran calculations That is what America will be won- woman from Oklahoma. in her head. ‘‘Probably a few hours. dering. That is what we all hope will Ms. KENDRA S. HORN of Oklahoma. Maybe a day at most.’’ happen. Mr. Chair, I yield myself such time as The only reason the hospital had Mr. WALDEN. Mr. Chairman, may I I may consume. been able to stay open at all was be- inquire as to how much time I have re- Mr. Chair, I am pleased today to offer cause about 30 employees continued maining? an amendment that ensures that rural showing up to work without pay. There The Acting CHAIR (Mr. AGUILAR). areas are included in navigator out- was no other hospital within 30 miles The gentleman has 11⁄2 minutes remain- reach under H.R. 987, the Strength- of the two-lane roads and prairie in ing. sprawling Osage County, which meant Mr. WALDEN. Mr. Chairman, again, I ening Health Care and Lowering Pre- Fairfax Community was the only life- thank the Republican leader of the scription Drug Costs Act. line in that part of the county that in- U.S. House for not only his leadership This amendment ensures that the creasingly needed rescuing. on this issue but on so many others, navigators who help people understand ‘‘If we aren’t open, where do these and for giving us clarity on what is their options under the Affordable Care people go?’’ asked a physician assist- really going on here. Act also help our rural communities. It is unfortunate. As The Washington The overall bill places federally fund- ant, thinking about the dozens of pa- Post and other news media organiza- ed grants in communities across the tients he treated each month in the tions reported, it didn’t have to be this country to pay navigators who play a ER, including some in critical condi- way. It didn’t have to be this way. vital role in helping Americans under- tion after drug overdoses, falls from We did pass the three drug reform stand their health coverage options in horses, oil field disasters, and car bills unanimously out of the com- the marketplace. It helps them know crashes. mittee. I was a big supporter of them. what they qualify for. ‘‘They’ll go to the cemetery,’’ an- Every Republican was. I think every Without question, access to other employee said. ‘‘If we’re not here, Republican on the floor will be if they healthcare is one of our Nation’s most these people don’t have time. They’ll get a chance to vote for those. critical issues. This is true across the die along with this hospital.’’ In the past, when I was chairman of country, whether in major metropoli- Like I said, there are similar stories the committee, we moved over 143 bills tan areas, big cities, small towns, on in other hospitals that have played out out of the committee. Ninety-three the coasts, or in the heartland. But six times across Oklahoma, and in percent of them had bipartisan votes specific problems look different from many other places. According to some on the House floor. Fifty-seven became place to place, and our rural commu- estimates, there are 102 hospitals that law. One of those 57 contained about 60 nities are undoubtedly struggling. have closed nationwide, and we, as different opioid bills we rolled into just One of the worst outcomes in rural Americans, can’t let our neighbors die one. communities of lack of access to simply because they live in small I agree with the leader. This is going healthcare is hospital closures. towns. We must solve this rural health to delay passage in the Senate because Sadly, Oklahoma is no stranger to crisis. they are going to have to sort this out, them. We have already lost six hos- Navigators are a part of this solu- rip it apart. The added spending and pitals since 2010, and many more are tion. This amendment makes sure that the navigator piece probably don’t sur- teetering on the edge. we help people living in small towns vive. But it didn’t have to be that way. Simply put, hospitals can’t stay open across Oklahoma and the country stay I found that if you have big bipar- when their patients don’t have cov- healthy and understand their options tisan support out of the House, you are erage and the hospitals aren’t able to so that they can take care of them- likely to get quicker action in the Sen- pay their bills. selves and their families. ate, and it goes down to the President. Right now, Oklahoma has the second I reserve the balance of my time. If you want to do something quickly highest uninsured rate in the Nation, Mr. WALDEN. Mr. Chairman, I seek about high-cost drugs and stop bad be- and our rural areas often bear the time in opposition to the amendment.

VerDate Sep 11 2014 05:00 May 17, 2019 Jkt 089060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.120 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3901 The Acting CHAIR. The gentleman a disaster of a program. We ought to which will ensure that our Nation’s from Oregon is recognized for 5 min- halt right now and figure out who are veterans have access to quality, afford- utes. these people and what are they getting able health insurance coverage. Mr. WALDEN. Mr. Chair, I reserve paid to do. While people often think that every- the balance of my time. We know they cost $767 for every en- one who has served in the military im- Ms. KENDRA S. HORN of Oklahoma. rollee, compared to $2.40 in the private mediately has access to VA healthcare, Mr. Chair, adding on to this, the inclu- sector. So we are paying them a lot. We this is not the case. In fact, only three sion of rural communities with naviga- know that investigations have shown out of five veterans under the age of 65 tors serving them is critical, because that one grantee took $200,000 and en- are eligible for healthcare through the from 2016 to 2018, Oklahoma lost 78 per- rolled one person, and, apparently, that VA, and only a quarter of those who cent of its navigator funding. The very person was not a veteran, not on Med- are eligible for VA healthcare rely on communities that are in the most need, icaid, not in a rural area, and not on the VA as their sole source of insur- where people have the least access to CHIP. Who knows. Right? ance. services and understanding, including I appreciate the gentlewoman’s Younger veterans who served for 24 broadband, so that they can access the amendment, but I am astonished to consecutive months are eligible for VA services they need, are the very ones learn of the fact that we have to put it coverage for 5 years after their dis- that are suffering most. in law that they have to talk to people charge, and veterans over the age of 65 These closures and the lack of access in rural areas. This demands investiga- qualify for Medicare. This leaves a po- not only have an effect in the commu- tion to figure out what in the heck is tential gap in coverage for many vet- nities that directly impact them, but going on. erans who have recently served after ripple across my State and this Nation. Now, let’s talk about what else is fac- their 5-year period and before they be- The Acting CHAIR. The time of the ing us. What really takes care of people come eligible for Medicare. gentlewoman has expired. in rural areas are our community That is why it is imperative that the Mr. WALDEN. Mr. Chairman, I am health centers, 27 million people, 1 in healthcare exchange outreach and edu- outraged to find out that these naviga- 12 in every State. The District of Co- cational strategies be designed in a tors are not reaching out to people in lumbia and the territories rely on com- way to reach our Nation’s veterans. rural areas. What we have learned munity health centers for their care, As a Member of the House Committee today on the House floor is that appar- and of the patients treated at these on Veterans’ Affairs, I am committed ently this program doesn’t reach peo- centers, one in three are living in pov- to ensuring every veteran has access to ple in rural areas. That is why the gen- erty; one in five are rural residents; high-quality healthcare regardless of tlewoman from Oklahoma has this and one in nine are children. where they receive that care. amendment, apparently. These naviga- If you want to put the taxpayer Studies show that when Americans tors, what the heck do they do? money to good purpose, it would be to are informed about the correct time to We have had amendments to say you fund our community health centers, sign up for healthcare, and the options have got to have navigators reach out like Republicans led the way on last to make that coverage affordable, they to people on Medicaid. You have got to time at record levels because we know choose to get insured. My amendment is simply asking that have navigators reach out to people on they deliver for people in rural areas. we make our Nation’s veterans aware the Children’s Health Insurance Pro- They deliver for people in urban areas. of the healthcare options available to gram. We have to tell them that? What They deliver quality care. have they been doing? That is where our money should go, them. This is particularly important to We are going to have an amendment not into a program like this, appar- the Lowcountry, because my district coming up saying, Navigators, we are ently, that we have to have these has one of the highest concentrations going to put into Federal law that you amendments from Democrat Members. of veterans in the entire country. It has the highest concentrations in have to reach out to the veterans’ com- I think we had 25 amendments from the entire State of South Carolina, and munity. They don’t do that today? Are Democrat Members telling navigators I want to make sure that each of them you serious? we are going to go to rural areas, we are aware of their coverage options so And we are going to have navigators are going to go to veterans. Who are that they can make the best choice for that have to be educated. When you are they serving today? It is a mess. themselves and for their families. reaching out, you better talk about Mr. Chairman, I yield back the bal- Mr. Chair, I want to ask my col- mental health services and substance ance of my time. leagues on both sides of the aisle to abuse. Have they been ignoring that all The Acting CHAIR. The question is join me in supporting my amendment along? I guess so. on the amendment offered by the gen- as well as the underlying legislation. Because my friends on the other side tlewoman from Oklahoma (Ms. KENDRA I reserve the balance of my time. of the aisle have been bringing amend- S. HORN). Mr. WALDEN. Mr. Chairman, I seek ment after amendment to correct these The amendment was agreed to. time in opposition to the gentleman’s obvious omissions and problems with AMENDMENT NO. 27 OFFERED BY MR. amendment. the navigator program. What has been CUNNINGHAM The Acting CHAIR. The gentleman going on in the navigator program? The Acting CHAIR. It is now in order from Oregon is recognized for 5 min- This is outrageous to learn that rural to consider amendment No. 27 printed utes. areas—and I represent an area that in House Report 116–61. Mr. WALDEN. Mr. Chairman, as I would stretch from the Atlantic Ocean Mr. CUNNINGHAM. Mr. Chairman, I said in the last amendment debate, it to Ohio, 69,000 square miles—and you have an amendment at the desk. is astonishing to me that apparently are talking about rural. I am going to The Acting CHAIR. The Clerk will these navigators aren’t serving people find out why the heck those navigators designate the amendment. in rural areas, and now I find out that aren’t talking to people in my district, The text of the amendment is as fol- they are apparently not serving our and why we have to put in law that lows: veteran population effectively as well. they have to now. Page 48, line 20, after ‘‘populations,’’ insert I am going to reserve the balance of How many years has this been going ‘‘veterans,’’. my time. on under ObamaCare, and at what cost The Acting CHAIR. Pursuant to Mr. CUNNINGHAM. Mr. Chairman, in to taxpayers? And you are going to House Resolution 377, the gentleman closing, I would like to thank Chair- give them another $25 million. Who are from South Carolina (Mr. CUNNINGHAM) man PALLONE and Chairman SCOTT for they talking to? Are they talking to and a Member opposed each will con- their work in constructing this impor- people in suburban areas only, or urban trol 5 minutes. tant legislation which will lower drug areas only? The Chair recognizes the gentleman prices, stabilize the insurance market, But if they are not talking about from South Carolina. and decrease premiums for hard- Medicaid and CHIP, and apparently not Mr. CUNNINGHAM. Mr. Chair, I rise working families across this country. to veterans, who are they counseling today in support of my straight- I also want to thank Chairman and what are they telling them? What forward, commonsense amendment MCGOVERN and my colleagues on the

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.123 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3902 CONGRESSIONAL RECORD — HOUSE May 16, 2019 Rules Committee for allowing my ing days by the chairman of the Rules AMENDMENT NO. 2 OFFERED BY MR. MCKINLEY amendment to come to the floor. I urge Committee that it was all going to be The Acting CHAIR. The unfinished all of my colleagues on both sides of different. Boy, he was right. It is just a business is the demand for a recorded the aisle to vote in favor of this com- different way. vote on the amendment offered by the monsense amendment as well as the I think that our Member on the gentleman from West Virginia (Mr. underlying legislation. Rules Committee could probably tell MCKINLEY) on which further pro- I yield back the balance of my time. us 92 percent of the amendments that ceedings were postponed and on which Mr. WALDEN. Mr. Chairman, I thank have been allowed on the House floor the noes prevailed by voice vote. the gentleman for his service to the have been from Democrats. When Re- The Clerk will redesignate the country and all of our veterans, men publicans were in the majority, 45 per- amendment. and women, who wear our uniform and cent of the amendments came from The Clerk redesignated the amend- deserve our undying appreciation and Democrats. We tried to have an open ment. thanks. process. Now we are being shut out, RECORDED VOTE and that is unfortunate. But it is astonishing, once again, it is The Acting CHAIR. A recorded vote So, Mr. Chairman, we have had a appalling that these navigators appar- has been demanded. long day here. I think we all care deep- ently aren’t serving our veterans. We A recorded vote was ordered. ly about making sure people have ac- have to come to the floor with amend- The vote was taken by electronic de- cess to affordable healthcare. Repub- ments to Federal law to order them to vice, and there were—ayes 189, noes 230, licans believe we need to reform how take care of our veterans. What kind of not voting 18, as follows: program is this? our systems work. We need to drive [Roll No. 210] We know it is expensive. We know down the cost of drugs, and nobody has some in the news media, some of the led more on this in my history around AYES—189 editorial writers in our country said it here than the President of the United Aderholt Gooden Olson is open to fraud and—let me read it. States, Donald Trump. Allen Gosar Palazzo From day one, he has told the drug Amash Granger Palmer An editorial paper out West said, ‘‘In Amodei Graves (GA) Pence reality, the navigator scheme is a companies: You need to get your prices Armstrong Graves (LA) Perry make-work government jobs program down. I was with him in the White Arrington Graves (MO) Posey House when he said that in about Feb- Babin Green (TN) Ratcliffe rife with corruption and highly suscep- Bacon Griffith ruary of 2017, and he has never re- Reed tible to scam artists. It’s a slush fund Baird Grothman Reschenthaler for progressive constituent groups.’’ lented. And he is a partner in this Balderson Guest Rice (SC) Banks Guthrie progress to go after surprise billing, to Riggleman That is how one editorial came out. I Barr Hagedorn Roby am sure there are good people in there go after high drug costs. He is leading Bergman Harris Rodgers (WA) through his administration, and he will Biggs Hartzler somewhere doing good work, but we Roe, David P. Bilirakis Hern, Kevin know that according to CMS, 17 navi- sign the drug bills that we worked out Rogers (AL) in committee. Bishop (UT) Herrera Beutler gators enrolled less than 100 people at Bost Hice (GA) Rogers (KY) an average cost of $5,000 per enrollee. The travesty is the pothole created Brady Higgins (LA) Rooney (FL) What kind of program is this? We know by the Democrat politicos that said we Brooks (AL) Hill (AR) Rose, John W. have got to link the drug bills we all Brooks (IN) Holding Rouzer it is expensive. Roy have agreement on that the President Buchanan Hollingsworth One grantee took in $200,000 and en- Buck Hudson Rutherford rolled one person. The top ten most ex- would sign, to bills that we know are Budd Huizenga Scalise pensive collected $2.77 million and bailing out ObamaCare. And worse, we Burchett Hunter Schweikert are now funding huge money, and even Burgess Hurd (TX) Scott, Austin signed up 314 people. So it is ineffi- Calvert Johnson (SD) Sensenbrenner cient, but at least it is really expen- more authorized today, into a program Carter (GA) Jordan Shimkus sive. What a waste. that apparently wasn’t taking care of Carter (TX) Joyce (OH) Simpson I am sure they enroll people, but only veterans, nor people in rural areas. Chabot Joyce (PA) Smith (MO) Cheney Katko Smith (NE) 1 percent of those enrolled in the ex- b 1830 Cline Kelly (MS) Spano change are helped by navigators. And It is astonishing. So, Mr. Chairman, Cloud Kelly (PA) Stauber Cole King (IA) Stefanik then today, we find out that we have to this amendment is fine. It makes sense. tell them what to do, which makes you Collins (NY) King (NY) Steil It is just outrageous we have to put in Comer Kinzinger Steube wonder, what have they been doing? Federal law that these navigators have Conaway Kustoff (TN) Stewart Cook LaHood Because we have had amendments to to actually help veterans because they Stivers say, you have got to have them educate Crawford LaMalfa Taylor ought to be doing that day in and day Crenshaw Lamb people about Medicaid, or CHIP, or vet- Thompson (PA) out. Veterans are the ones who give us Curtis Lamborn Thornberry erans, rural areas, mental health, sub- Davidson (OH) Latta our freedom. We need to investigate Timmons stance abuse—one thing after another. Davis, Rodney Lesko Tipton the navigators. DesJarlais Long Turner I think we ought to investigate them Diaz-Balart Loudermilk Mr. Chairman, I yield back balance of Upton and the whole program stem to stern. Duffy Lucas my time. Wagner Duncan Luetkemeyer If there is waste and fraud, we ought The Acting CHAIR. The question is Walberg Dunn Marchant to go after it. If there is all of this ex- Walden on the amendment offered by the gen- Emmer Marshall pense, we ought to knock it down. And tleman from South Carolina (Mr. Estes Mast Walker Walorski if they are not serving people—I am CUNNINGHAM). Ferguson McCarthy glad we had the rural amendment. Do Fleischmann McCaul Waltz The amendment was agreed to. Flores McClintock Watkins we need one for urban, and suburban, ANNOUNCEMENT BY THE ACTING CHAIR Fortenberry McHenry Webster (FL) and semi-frontier counties? It makes The Acting CHAIR. Pursuant to Foxx (NC) McKinley Wenstrup Westerman me wonder who they do serve. We know clause 6 of rule XVIII, proceedings will Fulcher Meadows it is expensive. Gaetz Meuser Williams now resume on those amendments Gallagher Miller Wilson (SC) Obviously, we are going to tell them printed in House Report 116–61 on Gianforte Mitchell Wittman to serve the veterans. You know that which further proceedings were post- Gibbs Moolenaar Womack Woodall makes sense. poned, in the following order: Gohmert Mooney (WV) I am glad your amendment got made Golden Mullin Wright Amendment No. 2 by Mr. MCKINLEY Gonzalez (OH) Newhouse Yoho in order. We had 16 Republican amend- of West Virginia. Gonza´ lez-Colo´ n Norman Young ments. They only made one in order. Amendment No. 6 by Mr. HARDER of (PR) Nunes Zeldin There were 25 Democratic amendments California. NOES—230 made in order. Two of those we had to EXTON Amendment No. 21 by Ms. W of Adams Bass Blumenauer edit on the floor, and one technical Virginia. Aguilar Beatty Blunt Rochester amendment. The Chair will reduce to 2 minutes Allred Bera Bonamici It seems an odd way to run the the minimum time for any electronic Axne Beyer Boyle, Brendan ´ House. We were promised in the open- vote after the first vote in this series. Barragan Bishop (GA) F.

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.126 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3903 Brindisi Heck Perlmutter The result of the vote was announced Sarbanes Smith (WA) Trone Brown (MD) Higgins (NY) Peters as above recorded. Scanlon Soto Underwood Brownley (CA) Hill (CA) Peterson Schakowsky Spanberger Upton Bustos Himes Phillips AMENDMENT NO. 6 OFFERED BY MR. HARDER OF Schiff Speier Van Drew Butterfield Horn, Kendra S. Pingree CALIFORNIA Schneider Stanton Vargas Carbajal Horsford Pocan The Acting CHAIR. The unfinished Schrader Steil Veasey Ca´ rdenas Houlahan Porter Schrier Stevens Vela Carson (IN) Hoyer Pressley business is the demand for a recorded Scott (VA) Suozzi Vela´ zquez Cartwright Huffman Price (NC) vote on the amendment offered by the Scott, David Takano Visclosky Case Jackson Lee Quigley gentleman from California (Mr. HARD- Sensenbrenner Thompson (CA) Wasserman Casten (IL) Jayapal Serrano Thompson (MS) Schultz Raskin ER) on which further proceedings were Castor (FL) Jeffries Rice (NY) Sewell (AL) Titus Waters Castro (TX) Johnson (GA) Richmond postponed and on which the ayes pre- Shalala Tlaib Watson Coleman Chu, Judy Johnson (TX) Rouda vailed by voice vote. Sherman Tonko Welch Cicilline Kaptur Roybal-Allard Sherrill Torres (CA) Wexton Cisneros Keating The Clerk will redesignate the Sires Torres Small Wild Ruiz Clark (MA) Kelly (IL) amendment. Slotkin (NM) Wilson (FL) Ruppersberger Clarke (NY) Kennedy Smith (NJ) Trahan Yarmuth Rush The Clerk redesignated the amend- Clay Khanna Sablan ment. Cleaver Kildee NOES—174 Cohen Kilmer San Nicolas RECORDED VOTE ´ Aderholt Granger Olson Connolly Kim Sanchez Sarbanes The Acting CHAIR. A recorded vote Allen Graves (GA) Palazzo Cooper Kind Amash Graves (LA) Palmer Correa Kirkpatrick Scanlon has been demanded. Schakowsky Amodei Graves (MO) Pence Costa Krishnamoorthi A recorded vote was ordered. Armstrong Green (TN) Perry Schiff Courtney Kuster (NH) The Acting CHAIR. This will be a 2- Babin Griffith Posey Schneider Cox (CA) Langevin Baird Grothman Ratcliffe Schrader minute vote. Craig Larsen (WA) Balderson Guest Reschenthaler Schrier Crist Larson (CT) The vote was taken by electronic de- Banks Guthrie Rice (SC) Scott (VA) Crow Lawrence vice, and there were—ayes 243, noes 174, Barr Hagedorn Riggleman Cuellar Lawson (FL) Scott, David not voting 20, as follows: Bergman Harris Roby Cummings Lee (CA) Serrano Biggs Hartzler Rodgers (WA) Cunningham Lee (NV) Sewell (AL) [Roll No. 211] Bilirakis Hern, Kevin Roe, David P. Davids (KS) Levin (CA) Shalala AYES—243 Bishop (UT) Herrera Beutler Rogers (AL) Davis (CA) Levin (MI) Sherman Bost Hice (GA) Rogers (KY) Adams Engel Lee (NV) Davis, Danny K. Lewis Sherrill Brady Higgins (LA) Rooney (FL) Aguilar Escobar Levin (CA) Dean Lieu, Ted Sires Brooks (AL) Hill (AR) Rose, John W. Allred Eshoo Levin (MI) DeFazio Lipinski Slotkin Brooks (IN) Holding Rouzer Axne Espaillat Lewis DeGette Loebsack Smith (NJ) Buchanan Hudson Roy Bacon Evans Lieu, Ted DeLauro Lofgren Smith (WA) Buck Huizenga Rutherford Barraga´ n Finkenauer Lipinski DelBene Lowenthal Soto Budd Hunter Scalise Bass Fitzpatrick Loebsack Delgado Lowey Spanberger Burchett Johnson (SD) Schweikert Beatty Fletcher Lofgren Demings Luja´ n Speier Burgess Jordan Scott, Austin Bera Fortenberry Lowenthal DeSaulnier Luria Stanton Calvert Joyce (OH) Shimkus Beyer Foster Lowey Deutch Lynch Stevens Carter (GA) Joyce (PA) Simpson Bishop (GA) Frankel Luja´ n Dingell Malinowski Carter (TX) Kelly (MS) Smith (MO) Suozzi Blumenauer Fudge Luria Doggett Maloney, Chabot Kelly (PA) Smith (NE) Takano Blunt Rochester Gabbard Lynch Doyle, Michael Carolyn B. Cheney King (IA) Spano Thompson (CA) Bonamici Gallego Malinowski F. Matsui Cline King (NY) Stauber Thompson (MS) Boyle, Brendan Garamendi Maloney, Engel McAdams Cloud Kinzinger Stefanik Titus F. Garcı´a (IL) Carolyn B. Escobar McBath Cole Kustoff (TN) Steube Tlaib Brindisi Garcia (TX) Maloney, Sean Eshoo McCollum Collins (NY) LaHood Stewart Tonko Brown (MD) Golden Matsui Espaillat McEachin Comer LaMalfa Stivers Torres (CA) Brownley (CA) Gomez McAdams Evans McGovern Conaway Lamborn Taylor Torres Small Bustos Gonzalez (TX) McBath Finkenauer McNerney Cook Latta Thompson (PA) (NM) Butterfield Gonza´ lez-Colo´ n McCollum Fitzpatrick Meng Crawford Lesko Thornberry Trahan Carbajal (PR) McEachin Fletcher Moore Crenshaw Long Timmons Trone Ca´ rdenas Gottheimer McGovern Foster Morelle Curtis Loudermilk Tipton Underwood Carson (IN) Green (TX) McNerney Frankel Mucarsel-Powell Davidson (OH) Lucas Turner Van Drew Cartwright Grijalva Meng Fudge Murphy Davis, Rodney Luetkemeyer Wagner Vargas Case Haaland Moore Gabbard Nadler DesJarlais Marchant Walberg Veasey Casten (IL) Harder (CA) Morelle Gallego Napolitano Diaz-Balart Marshall Walden Vela Castor (FL) Hastings Mucarsel-Powell Garamendi Neal Duncan Mast Walker Vela´ zquez Castro (TX) Hayes Murphy Garcı´a (IL) Neguse Dunn McCarthy Walorski Visclosky Chu, Judy Heck Nadler Garcia (TX) Norcross Emmer McCaul Waltz Wasserman Cicilline Higgins (NY) Napolitano Gomez Norton Estes McClintock Watkins Schultz Cisneros Hill (CA) Neal Gonzalez (TX) O’Halleran Ferguson McHenry Webster (FL) Waters Clark (MA) Himes Neguse Gottheimer Ocasio-Cortez Fleischmann McKinley Wenstrup Watson Coleman Clarke (NY) Hollingsworth Norcross Green (TX) Omar Flores Meadows Westerman Clay Horn, Kendra S. Norton Grijalva Pallone Welch Foxx (NC) Meuser Williams Cleaver Horsford O’Halleran Haaland Panetta Wexton Fulcher Miller Wilson (SC) Cohen Houlahan Ocasio-Cortez Harder (CA) Pappas Wild Gaetz Mitchell Wittman Connolly Hoyer Omar Hastings Pascrell Wilson (FL) Gallagher Moolenaar Womack Cooper Huffman Pallone Hayes Payne Yarmuth Gianforte Mooney (WV) Woodall Correa Hurd (TX) Panetta Gibbs Mullin Wright NOT VOTING—18 Costa Jackson Lee Pappas Gonzalez (OH) Newhouse Yoho Courtney Jayapal Pascrell Abraham Johnson (OH) Radewagen Gooden Norman Young Cox (CA) Jeffries Payne Bucshon Maloney, Sean Rose (NY) Gosar Nunes Zeldin Craig Johnson (GA) Perlmutter Byrne Massie Ryan Crist Johnson (TX) Peters Clyburn Meeks Smucker NOT VOTING—20 Crow Kaptur Peterson Collins (GA) Moulton Swalwell (CA) Cuellar Katko Phillips Abraham Gohmert Radewagen Johnson (LA) Plaskett Weber (TX) Cummings Keating Pingree Arrington Johnson (LA) Rose (NY) Cunningham Kelly (IL) Pocan Bucshon Johnson (OH) Ryan b 1855 Davids (KS) Kennedy Porter Byrne Massie Smucker Davis (CA) Khanna Pressley Clyburn Meeks Swalwell (CA) Ms. PORTER, Messrs. BRINDISI, Davis, Danny K. Kildee Price (NC) Collins (GA) Moulton Weber (TX) Duffy Plaskett GREEN of Texas, MCADAMS, Dean Kilmer Quigley DeFazio Kim Raskin MCEACHIN, Mses. JAYAPAL, BASS, DeGette Kind Reed ANNOUNCEMENT BY THE ACTING CHAIR and SCHAKOWSKY changed their vote DeLauro Kirkpatrick Rice (NY) The Acting CHAIR (during the vote). from ‘‘aye’’ to ‘‘no.’’ DelBene Krishnamoorthi Richmond Delgado Kuster (NH) Rouda There is 1 minute remaining. Messrs. YOHO, BABIN, KING of Iowa, Demings Lamb Roybal-Allard NORMAN, STEWART, ROGERS of Ala- DeSaulnier Langevin Ruiz b 1900 bama, GROTHMAN, WALBERG, Deutch Larsen (WA) Ruppersberger RUTHERFORD, and KATKO changed Dingell Larson (CT) Rush So the amendment was agreed to. Doggett Lawrence Sablan their vote from ‘‘no’’ to ‘‘aye.’’ Doyle, Michael Lawson (FL) San Nicolas The result of the vote was announced So the amendment was rejected. F. Lee (CA) Sa´ nchez as above recorded.

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.041 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3904 CONGRESSIONAL RECORD — HOUSE May 16, 2019 AMENDMENT NO. 21 OFFERED BY MS. WEXTON Speier Torres Small Wasserman state of the Union, reported that that The Acting CHAIR. The unfinished Stanton (NM) Schultz Committee, having had under consider- Stevens Trahan Waters business is the demand for a recorded Suozzi Trone Watson Coleman ation the bill (H.R. 987) to amend the vote on the amendment offered by the Takano Underwood Welch Patient Protection and Affordable Care gentlewoman from Virginia (Ms. Thompson (CA) Van Drew Wexton Act to provide for Federal Exchange Thompson (MS) Vargas WEXTON) on which further proceedings Wild outreach and educational activities, Titus Veasey Wilson (FL) Tlaib Vela and, pursuant to House Resolution 377, were postponed and on which the ayes Yarmuth prevailed by voice vote. Tonko Vela´ zquez he reported the bill, as amended by The Clerk will redesignate the Torres (CA) Visclosky that resolution, back to the House with amendment. NOES—185 sundry further amendments adopted in The Clerk redesignated the amend- Aderholt Graves (GA) Palmer the Committee of the Whole. ment. Allen Graves (LA) Pence The SPEAKER pro tempore. Under Amash Graves (MO) Perry the rule, the previous question is or- RECORDED VOTE Amodei Green (TN) Posey dered. Armstrong Griffith The Acting CHAIR. A recorded vote Ratcliffe Is a separate vote demanded on any has been demanded. Arrington Grothman Reed Babin Guest Reschenthaler amendment reported from the Com- A recorded vote was ordered. Bacon Guthrie Rice (SC) mittee of the Whole? If not, the Chair The Acting CHAIR. This will be a 2- Baird Hagedorn Riggleman will put them en gros. minute vote. Balderson Harris Roby Banks Hartzler The amendments were agreed to. The vote was taken by electronic de- Rodgers (WA) The SPEAKER pro tempore. The Barr Hern, Kevin Roe, David P. vice, and there were—ayes 232, noes 185, Bergman Herrera Beutler Rogers (AL) question is on the engrossment and not voting 20, as follows: Biggs Hice (GA) Rogers (KY) third reading of the bill. Bilirakis Higgins (LA) Rooney (FL) The bill was ordered to be engrossed [Roll No. 212] Bishop (UT) Hill (AR) Rose, John W. and read a third time, and was read the AYES—232 Bost Holding Rouzer Brooks (AL) Hollingsworth Roy third time. Adams Finkenauer Maloney, Brooks (IN) Hudson Aguilar Fitzpatrick Carolyn B. Rutherford MOTION TO RECOMMIT Buchanan Huizenga Scalise Allred Fletcher Maloney, Sean Buck Hunter Mr. WALDEN. Mr. Speaker, I have a Schweikert Axne Foster Matsui Budd Hurd (TX) motion to recommit at the desk. Scott, Austin Barraga´ n Frankel McAdams Burchett Johnson (SD) Sensenbrenner The SPEAKER pro tempore. Is the Bass Fudge McBath Burgess Jordan Shimkus gentleman opposed to the bill? Beatty Gabbard McCollum Calvert Joyce (OH) Simpson Mr. WALDEN. Oh, my gosh, Mr. Bera Gallego McEachin Carter (GA) Joyce (PA) Smith (MO) Beyer Garamendi McGovern Carter (TX) Katko Speaker, in its current form, abso- Smith (NE) Bishop (GA) Garcı´a (IL) McNerney Chabot Kelly (MS) lutely, yes, sir. Smith (NJ) Blumenauer Garcia (TX) Meng Cheney Kelly (PA) Spano The SPEAKER pro tempore. The Blunt Rochester Golden Moore Cline King (IA) Stauber Clerk will report the motion to recom- Bonamici Gomez Morelle Cloud King (NY) Boyle, Brendan Gonzalez (TX) Mucarsel-Powell Cole Kinzinger Stefanik mit. F. Gottheimer Murphy Collins (NY) Kustoff (TN) Steil The Clerk read as follows: Steube Brindisi Green (TX) Nadler Comer LaHood Mr. Walden of Oregon moves to recommit Brown (MD) Napolitano Stewart Grijalva Conaway LaMalfa the bill H.R. 987 to the Committee on Energy Brownley (CA) Haaland Neal Cook Lamborn Stivers Bustos Neguse Taylor and Commerce with instructions to report Harder (CA) Crawford Latta the same back to the House forthwith with Butterfield Hastings Norcross Crenshaw Lesko Thompson (PA) Carbajal Hayes Norton Curtis Long Thornberry the following amendment: ´ Cardenas Heck O’Halleran Davidson (OH) Loudermilk Timmons Strike title I and insert the following: Carson (IN) Higgins (NY) Ocasio-Cortez Davis, Rodney Lucas Tipton TITLE I—LOWERING PRESCRIPTION DRUG Cartwright Hill (CA) Omar DesJarlais Luetkemeyer Turner COSTS Case Pallone Diaz-Balart Marchant Upton Himes SEC. 100. SHORT TITLE. Casten (IL) Panetta Duffy Marshall Wagner Horn, Kendra S. This title may be cited as the ‘‘CREATES Castor (FL) Horsford Pappas Duncan Mast Walberg Castro (TX) Pascrell Houlahan Dunn McCarthy Walden Act’’. Chu, Judy Payne Hoyer Emmer McCaul Walker Subtitle A—Bringing Low-cost Options and Cicilline Perlmutter Huffman Estes McClintock Walorski Competition While Keeping Incentives for Cisneros Peters Jackson Lee Ferguson McHenry Waltz Clark (MA) Peterson New Generics Jayapal Fleischmann McKinley Watkins Clarke (NY) Phillips SEC. 101. CHANGE CONDITIONS OF FIRST GE- Jeffries Flores Meadows Webster (FL) Clay Pingree NERIC EXCLUSIVITY TO SPUR AC- Johnson (GA) Fortenberry Meuser Wenstrup Cleaver Pocan CESS AND COMPETITION. Johnson (TX) Foxx (NC) Miller Westerman Cohen Porter Section 505(j)(5)(B)(iv) of the Federal Food, Kaptur Fulcher Mitchell Williams Connolly Pressley Keating Gaetz Moolenaar Wilson (SC) Drug, and Cosmetic Act (21 U.S.C. Cooper Price (NC) Kelly (IL) Gallagher Mooney (WV) Wittman 355(j)(5)(B)(iv)) is amended— Correa Quigley Kennedy Gianforte Mullin Womack (1) in subclause (I), by striking ‘‘180 days Costa Raskin Gibbs Newhouse Woodall after’’ and all that follows through the pe- Courtney Khanna Rice (NY) Kildee Gonzalez (OH) Norman Wright riod at the end and inserting the following: Cox (CA) Richmond Gooden Nunes Yoho Craig Kilmer Rouda ‘‘180 days after the earlier of— Kim Gosar Olson Young Crist Roybal-Allard Granger Palazzo Zeldin ‘‘(aa) the date of the first commercial mar- Crow Kind Ruiz keting of the drug (including the commercial Cuellar Kirkpatrick Ruppersberger NOT VOTING—20 marketing of the listed drug) by any first ap- Krishnamoorthi Cummings Rush ´ ´ Kuster (NH) Abraham Gonzalez-Colon Plaskett plicant; or Cunningham Sablan Brady (PR) Radewagen ‘‘(bb) the applicable date specified in sub- Davids (KS) Lamb San Nicolas Langevin Bucshon Johnson (LA) Rose (NY) clause (III).’’; and Davis (CA) Sa´ nchez Byrne Johnson (OH) Ryan Larsen (WA) (2) by adding at the end the following new Davis, Danny K. Sarbanes Clyburn Massie Smucker Larson (CT) subclause: Dean Scanlon Collins (GA) Meeks Swalwell (CA) Lawrence DeFazio Schakowsky Gohmert Moulton Weber (TX) ‘‘(III) APPLICABLE DATE.—The applicable DeGette Lawson (FL) Schiff date specified in this subclause, with respect DeLauro Lee (CA) Schneider b 1908 to an application for a drug described in sub- Lee (NV) DelBene Schrader clause (I), is the date on which each of the Delgado Levin (CA) Schrier So the amendment was agreed to. Demings Levin (MI) Scott (VA) The result of the vote was announced following conditions is first met: DeSaulnier Lewis Scott, David as above recorded. ‘‘(aa) The approval of such an application Deutch Lieu, Ted Serrano The Acting CHAIR (Mr. HASTINGS). could be made effective, but for the eligi- Dingell Lipinski Sewell (AL) There being no further amendments, bility of a first applicant for 180-day exclu- Doggett Loebsack Shalala sivity under this clause. Doyle, Michael Lofgren Sherman under the rule, the Committee rises. ‘‘(bb) At least 30 months have passed since F. Lowenthal Sherrill Accordingly, the Committee rose; the date of submission of an application for Engel Lowey Sires and the Speaker pro tempore (Mr. Luja´ n the drug by at least one first applicant. Escobar Slotkin AGUILAR) having assumed the chair, Eshoo Luria Smith (WA) ‘‘(cc) Approval of an application for the Espaillat Lynch Soto Mr. HASTINGS, Acting Chair of the drug submitted by at least one first appli- Evans Malinowski Spanberger Committee of the Whole House on the cant is not precluded under clause (iii).

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‘‘(dd) No application for the drug sub- means, and with the same jurisdiction, pow- (i) IN GENERAL.—The amount of a civil pen- mitted by any first applicant is approved at ers, and duties as though all applicable alty imposed in a civil action under subpara- the time the conditions under items (aa), terms and provisions of the Federal Trade graph (A) on a party to an agreement de- (bb), and (cc) are all met, regardless of Commission Act (15 U.S.C. 41 et seq.) were scribed in subsection (a) shall be sufficient whether such an application is subsequently incorporated into and made a part of this to deter violations of this section, but in no approved.’’. section; and event greater than— Subtitle B—Protecting Consumer Access to (ii) any NDA or BLA holder or subsequent (I) if such party is the NDA or BLA holder Generic Drugs filer that violates this section shall be sub- (or, in the case of an agreement between two SEC. 111. UNLAWFUL AGREEMENTS. ject to the penalties and entitled to the subsequent filers, the subsequent filer who (a) AGREEMENTS PROHIBITED.—Subject to privileges and immunities provided in the gave the value described in subsection (a)(1)), subsections (b) and (c), it shall be unlawful Federal Trade Commission Act. the greater of— for an NDA or BLA holder and a subsequent (C) JUDICIAL REVIEW.—In the case of a cease (aa) 3 times the value received by such filer (or for two subsequent filers) to enter and desist order issued by the Commission NDA or BLA holder (or by such subsequent into, or carry out, an agreement resolving or under section 5 of the Federal Trade Com- filer) that is reasonably attributable to the settling a covered patent infringement claim mission Act (15 U.S.C. 45) for violation of violation of this section; or on a final or interim basis if under such this section, a party to such order may ob- (bb) 3 times the value given to the subse- agreement— tain judicial review of such order as provided quent filer (or to the other subsequent filer) (1) a subsequent filer directly or indirectly in such section 5, except that— reasonably attributable to the violation of receives from such holder (or in the case of (i) such review may only be obtained in— this section; and such an agreement between two subsequent (I) the United States Court of Appeals for (II) if such party is the subsequent filer (or, filers, the other subsequent filer) anything of the District of Columbia Circuit; in the case of an agreement between two sub- value, including a license; and (II) the United States Court of Appeals for sequent filers, the subsequent filer who re- (2) the subsequent filer agrees to limit or the circuit in which the ultimate parent en- ceived the value described in subsection forego research on, or development, manu- tity, as defined in section 801.1(a)(3) of title (a)(1)), 3 times the value received by such facturing, marketing, or sales, for any period 16, Code of Federal Regulations, or any suc- subsequent filer that is reasonably attrib- of time, of the covered product that is the cessor thereto, of the NDA or BLA holder (if utable to the violation of this section. subject of the application described in sub- any such holder is a party to such order) is (ii) FACTORS FOR CONSIDERATION.—In deter- paragraph (A) or (B) of subsection (g)(8). incorporated as of the date that the applica- mining such amount, the court shall take (b) EXCLUSION.—It shall not be unlawful tion described in subparagraph (A) or (B) of into account— under subsection (a) if a party to an agree- subsection (g)(8) or an approved application (I) the nature, circumstances, extent, and ment described in such subsection dem- that is deemed to be a license for a biological gravity of the violation; onstrates by clear and convincing evidence product under section 351(k) of the Public (II) with respect to the violator, the degree that the value described in subsection (a)(1) Health Service Act (42 U.S.C. 262(k)) pursu- of culpability, any history of violations, the is compensation solely for other goods or ant to section 7002(e)(4) of the Biologics ability to pay, any effect on the ability to services that the subsequent filer has prom- Price Competition and Innovation Act of 2009 continue doing business, profits earned by ised to provide. (Public Law 111–148; 124 Stat. 817) is sub- the NDA or BLA holder (or, in the case of an (c) LIMITATION.—Nothing in this section mitted to the Commissioner of Food and agreement between two subsequent filers, shall prohibit an agreement resolving or set- Drugs; or the subsequent filer who gave the value de- tling a covered patent infringement claim in (III) the United States Court of Appeals for scribed in subsection (a)(1)), compensation which the consideration granted by the NDA the circuit in which the ultimate parent en- received by the subsequent filer (or, in the or BLA holder to the subsequent filer (or tity, as so defined, of any subsequent filer case of an agreement between two subse- from one subsequent filer to another) as part that is a party to such order is incorporated quent filers, the subsequent filer who re- of the resolution or settlement includes only as of the date that the application described ceived the value described in subsection one or more of the following: in subparagraph (A) or (B) of subsection (a)(1)), and the amount of commerce af- (1) The right to market the covered prod- (g)(8) is submitted to the Commissioner of fected; and uct that is the subject of the application de- Food and Drugs; and scribed in subparagraph (A) or (B) of sub- (ii) the petition for review shall be filed in (III) other matters that justice requires. section (g)(8) in the United States before the the court not later than 30 days after such (D) INJUNCTIONS AND OTHER EQUITABLE RE- expiration of— order is served on the party seeking review. LIEF.—In a civil action under subparagraph (A), the United States district courts are em- (A) any patent that is the basis of the cov- (3) ADDITIONAL ENFORCEMENT AUTHORITY.— powered to grant mandatory injunctions and ered patent infringement claim; or (A) CIVIL PENALTY.—The Commission may (B) any patent right or other statutory ex- commence a civil action to recover a civil such other and further equitable relief as clusivity that would prevent the marketing penalty in a district court of the United they deem appropriate. of such covered product. States against any NDA or BLA holder or (4) REMEDIES IN ADDITION.—Remedies pro- (2) A payment for reasonable litigation ex- subsequent filer that violates this section. vided in this subsection are in addition to, penses not to exceed $7,500,000 in the aggre- (B) SPECIAL RULE FOR RECOVERY OF PEN- and not in lieu of, any other remedy provided gate. ALTY IF CEASE AND DESIST ORDER ISSUED.— by Federal law. (3) A covenant not to sue on any claim that (i) IN GENERAL.—If the Commission has (5) PRESERVATION OF AUTHORITY OF COMMIS- such covered product infringes a patent. issued a cease and desist order in a pro- SION.—Nothing in this section shall be con- (d) ENFORCEMENT BY FEDERAL TRADE COM- ceeding under section 5 of the Federal Trade strued to affect any authority of the Com- MISSION.— Commission Act (15 U.S.C. 45) for violation mission under any other provision of law. (1) GENERAL APPLICATION.—The require- of this section— (e) FEDERAL TRADE COMMISSION RULE- ments of this section apply, according to (I) the Commission may commence a civil MAKING.—The Commission may, in its discre- their terms, to an NDA or BLA holder or action under subparagraph (A) to recover a tion, by rule promulgated under section 553 subsequent filer that is— civil penalty against any party to such order of title 5, United States Code, exempt from this section certain agreements described in (A) a person, partnership, or corporation at any time before the expiration of the 1- subsection (a) if the Commission finds such over which the Commission has authority year period beginning on the date on which agreements to be in furtherance of market pursuant to section 5(a)(2) of the Federal such order becomes final under section 5(g) competition and for the benefit of con- Trade Commission Act (15 U.S.C. 45(a)(2)); or of such Act (15 U.S.C. 45(g)); and sumers. (B) a person, partnership, or corporation (II) in such civil action, the findings of the (f) ANTITRUST LAWS.—Nothing in this sec- over which the Commission would have au- Commission as to the material facts in such tion shall modify, impair, limit, or supersede thority pursuant to such section but for the proceeding shall be conclusive, unless— the applicability of the antitrust laws as de- fact that such person, partnership, or cor- (aa) the terms of such order expressly pro- fined in subsection (a) of the first section of poration is not organized to carry on busi- vide that the Commission’s findings shall the Clayton Act (15 U.S.C. 12(a)), and of sec- ness for its own profit or that of its mem- not be conclusive; or tion 5 of the Federal Trade Commission Act bers. (bb) such order became final by reason of (15 U.S.C. 45) to the extent that such section (2) UNFAIR OR DECEPTIVE ACTS OR PRACTICES section 5(g)(1) of such Act (15 U.S.C. 45(g)(1)), 5 applies to unfair methods of competition. ENFORCEMENT AUTHORITY.— in which case such findings shall be conclu- Nothing in this section shall modify, impair, (A) IN GENERAL.—A violation of this sec- sive if supported by evidence. limit, or supersede the right of a subsequent tion shall be treated as an unfair or decep- (ii) RELATIONSHIP TO PENALTY FOR VIOLA- filer to assert claims or counterclaims tive act or practice in violation of section TION OF AN ORDER.—The penalty provided in against any person, under the antitrust laws 5(a)(1) of the Federal Trade Commission Act clause (i) for violation of this section is sepa- or other laws relating to unfair competition. (15 U.S.C. 45(a)(1)). rate from and in addition to any penalty (g) DEFINITIONS.—In this section: (B) POWERS OF COMMISSION.—Except as pro- that may be incurred for violation of an (1) AGREEMENT RESOLVING OR SETTLING A vided in subparagraph (C) and paragraphs order of the Commission under section 5(l) of COVERED PATENT INFRINGEMENT CLAIM.—The (1)(B) and (3)— the Federal Trade Commission Act (15 U.S.C. term ‘‘agreement resolving or settling a cov- (i) the Commission shall enforce this sec- 45(l)). ered patent infringement claim’’ means any tion in the same manner, by the same (C) AMOUNT OF PENALTY.— agreement that—

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.046 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3906 CONGRESSIONAL RECORD — HOUSE May 16, 2019 (A) resolves or settles a covered patent in- sivity) of the Federal Food, Drug, and Cos- Drug Costs and Extending Community fringement claim; or metic Act (21 U.S.C. 355(c)(3)(E), Health Centers and Other Public Health Pri- (B) is contingent upon, provides for a con- 355(j)(5)(B)(iv), 355(j)(5)(F), 360cc, 355a, 355f), orities Act or’’ after ‘‘that the agreement tingent condition for, or is otherwise related or prohibitions on the submission or licens- has violated’’. to the resolution or settlement of a covered ing of biologics license applications under SEC. 114. COMMISSION LITIGATION AUTHORITY. patent infringement claim. section 351(k)(6) (interchangeable biological Section 16(a)(2) of the Federal Trade Com- (2) COMMISSION.—The term ‘‘Commission’’ product exclusivity) or section 351(k)(7) (bio- mission Act (15 U.S.C. 56(a)(2)) is amended— means the Federal Trade Commission. logical product reference product exclu- (1) in subparagraph (D), by striking ‘‘or’’ (3) COVERED PATENT INFRINGEMENT CLAIM.— sivity) of the Public Health Service Act (42 after the semicolon; The term ‘‘covered patent infringement U.S.C. 262(k)(6), (7)). (2) in subparagraph (E), by inserting ‘‘or’’ claim’’ means an allegation made by the (8) SUBSEQUENT FILER.—The term ‘‘subse- after the semicolon; and NDA or BLA holder to a subsequent filer (or, quent filer’’ means— (3) by inserting after subparagraph (E) the in the case of an agreement between two sub- (A) in the case of a drug, a party that owns following: sequent filers, by one subsequent filer to an- or controls an abbreviated new drug applica- ‘‘(F) under section 111(d)(3)(A) of the Low- other), whether or not included in a com- tion submitted pursuant to section 505(j) of ering Prescription Drug Costs and Extending plaint filed with a court of law, that— the Federal Food, Drug, and Cosmetic Act Community Health Centers and Other Public (A) the submission of the application de- (21 U.S.C. 355(j)) or a new drug application Health Priorities Act;’’. scribed in subparagraph (A) or (B) of para- submitted pursuant to section 505(b)(2) of the SEC. 115. STATUTE OF LIMITATIONS. graph (9), or the manufacture, use, offering Federal Food, Drug, and Cosmetic Act (a) IN GENERAL.—Except as provided in for sale, sale, or importation into the United (21U.S.C. 355(b)(2)) and filed under section subsection (b), the Commission shall com- States of a covered product that is the sub- 505(b)(1) of such Act (21 U.S.C. 355(b)(1)) or mence any administrative proceeding or ject of such an application— has the exclusive rights to distribute the civil action to enforce section 111 of this Act (i) in the case of an agreement between an covered product that is the subject of such not later than 6 years after the date on NDA or BLA holder and a subsequent filer, application; or which the parties to the agreement file the infringes any patent owned by, or exclu- (B) in the case of a biological product, a Notice of Agreement as provided by section sively licensed to, the NDA or BLA holder of party that owns or controls an application 1112(c)(2) and (d) of the Medicare Prescrip- the covered product; or filed with the Food and Drug Administration tion Drug, Improvement, and Modernization (ii) in the case of an agreement between under section 351(k) of the Public Health Act of 2003 (21 U.S.C. 355 note). two subsequent filers, infringes any patent Service Act (42 U.S.C. 262(k)) or has the ex- (b) CIVIL ACTION AFTER ISSUANCE OF CEASE owned by the subsequent filer; or clusive rights to distribute the biological AND DESIST ORDER.—If the Commission has (B) in the case of an agreement between an product that is the subject of such applica- issued a cease and desist order under section NDA or BLA holder and a subsequent filer, tion. 5 of the Federal Trade Commission Act (15 the covered product to be manufactured (h) EFFECTIVE DATE.—This section applies U.S.C. 45) for violation of section 111 of this under such application uses a covered prod- with respect to agreements described in sub- Act and the proceeding for the issuance of uct as claimed in a published patent applica- section (a) entered into on or after the date such order was commenced within the period tion. of the enactment of this Act. required by subsection (a) of this section, (4) COVERED PRODUCT.—The term ‘‘covered product’’ means a drug (as defined in section SEC. 112. NOTICE AND CERTIFICATION OF such subsection does not prohibit the com- AGREEMENTS. 201(g) of the Federal Food, Drug, and Cos- mencement, after such period, of a civil ac- metic Act (21 U.S.C. 321(g))), including a bio- (a) NOTICE OF ALL AGREEMENTS.—Section tion under section 111(d)(3)(A) against a logical product (as defined in section 351(i) of 1111(7) of the Medicare Prescription Drug, party to such order or a civil action under the Public Health Service Act (42 U.S.C. Improvement, and Modernization Act of 2003 subsection (l) of such section 5 for violation 262(i)). (21 U.S.C. 355 note) is amended by inserting of such order. (5) NDA OR BLA HOLDER.—The term ‘‘NDA ‘‘or the owner of a patent for which a claim Subtitle C—Creating and Restoring Equal or BLA holder’’ means— of infringement could reasonably be asserted Access to Equivalent Samples (A) the holder of— against any person for making, using, offer- SEC. 121. ACTIONS FOR DELAYS OF GENERIC (i) an approved new drug application filed ing to sell, selling, or importing into the DRUGS AND BIOSIMILAR BIOLOGI- under section 505(b)(1) of the Federal Food, United States a biological product that is CAL PRODUCTS. Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) the subject of a biosimilar biological product (a) DEFINITIONS.—In this section— for a covered product; or application’’ before the period at the end. (1) the term ‘‘commercially reasonable, (ii) a biologics license application filed (b) CERTIFICATION OF AGREEMENTS.—Sec- market-based terms’’ means— under section 351(a) of the Public Health tion 1112 of such Act (21 U.S.C. 355 note) is (A) a nondiscriminatory price for the sale Service Act (42 U.S.C. 262(a)) with respect to amended by adding at the end the following: of the covered product at or below, but not a biological product; ‘‘(d) CERTIFICATION.—The Chief Executive greater than, the most recent wholesale ac- (B) a person owning or controlling enforce- Officer or the company official responsible quisition cost for the drug, as defined in sec- ment of the patent on— for negotiating any agreement under sub- tion 1847A(c)(6)(B) of the Social Security Act (i) the list published under section 505(j)(7) section (a) or (b) that is required to be filed (42 U.S.C. 1395w–3a(c)(6)(B)); of the Federal Food, Drug, and Cosmetic Act under subsection (c) shall, within 30 days of (B) a schedule for delivery that results in (21 U.S.C. 355(j)(7)) in connection with the ap- such filing, execute and file with the Assist- the transfer of the covered product to the el- plication described in subparagraph (A)(i); or ant Attorney General and the Commission a igible product developer consistent with the (ii) any list published under section 351 of certification as follows: ‘I declare that the timing under subsection (b)(2)(A)(iv); and the Public Health Service Act (42 U.S.C. 262) following is true, correct, and complete to (C) no additional conditions are imposed on comprised of patents associated with bio- the best of my knowledge: The materials the sale of the covered product; logics license applications filed under sec- filed with the Federal Trade Commission and (2) the term ‘‘covered product’’— tion 351(a) of such Act (42 U.S.C. 262(a)); or the Department of Justice under section 1112 (A) means— (C) the predecessors, subsidiaries, divi- of the Medicare Prescription Drug, Improve- (i) any drug approved under subsection (c) sions, groups, and affiliates controlled by, ment, and Modernization Act of 2003, with or (j) of section 505 of the Federal Food, controlling, or under common control with respect to the agreement referenced in this Drug, and Cosmetic Act (21 U.S.C. 355) or bio- any entity described in subparagraph (A) or certification— logical product licensed under subsection (a) (B) (such control to be presumed by direct or ‘‘ ‘(1) represent the complete, final, and ex- or (k) of section 351 of the Public Health indirect share ownership of 50 percent or clusive agreement between the parties; Service Act (42 U.S.C. 262); greater), as well as the licensees, licensors, ‘‘ ‘(2) include any ancillary agreements (ii) any combination of a drug or biological successors, and assigns of each of the enti- that are contingent upon, provide a contin- product described in clause (i); or ties. gent condition for, were entered into within (iii) when reasonably necessary to support (6) PATENT.—The term ‘‘patent’’ means a 30 days of, or are otherwise related to, the approval of an application under section 505 patent issued by the United States Patent referenced agreement; and of the Federal Food, Drug, and Cosmetic Act and Trademark Office. ‘‘ ‘(3) include written descriptions of any (21 U.S.C. 355), or section 351 of the Public (7) STATUTORY EXCLUSIVITY.—The term oral agreements, representations, commit- Health Service Act (42 U.S.C. 262), as applica- ‘‘statutory exclusivity’’ means those prohibi- ments, or promises between the parties that ble, or otherwise meet the requirements for tions on the submission or approval of drug are responsive to subsection (a) or (b) of such approval under either such section, any prod- applications under clauses (ii) through (iv) of section 1112 and have not been reduced to uct, including any device, that is marketed section 505(c)(3)(E) (5- and 3-year exclu- writing.’.’’. or intended for use with such a drug or bio- sivity), clauses (ii) through (iv) of section SEC. 113. FORFEITURE OF 180-DAY EXCLUSIVITY logical product; and 505(j)(5)(F) (5-year and 3-year exclusivity), PERIOD. (B) does not include any drug or biological section 505(j)(5)(B)(iv) (180-day exclusivity), Section 505(j)(5)(D)(i)(V) of the Federal product that appears on the drug shortage section 527 (orphan drug exclusivity), section Food, Drug, and Cosmetic Act (21 U.S.C. list in effect under section 506E of the Fed- 505A (pediatric exclusivity), or section 505E 355(j)(5)(D)(i)(V)) is amended by inserting eral Food, Drug, and Cosmetic Act (21 U.S.C. (qualified infectious disease product exclu- ‘‘section 111 of the Lowering Prescription 356e), unless—

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.046 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3907 (i) the drug or biological product has been (ii) that, as of the date on which the civil (A) that, on the date on which the eligible on the drug shortage list in effect under such action is filed, the product developer has not product developer requested to purchase suf- section 506E continuously for more than 6 obtained sufficient quantities of the covered ficient quantities of the covered product months; or product on commercially reasonable, mar- from the license holder— (ii) the Secretary determines that inclu- ket-based terms; (i) neither the license holder nor any of its sion of the drug or biological product as a (iii) that the eligible product developer has agents, wholesalers, or distributors was en- covered product is likely to contribute to al- submitted a written request to purchase suf- gaged in the manufacturing or commercial leviating or preventing a shortage. ficient quantities of the covered product to marketing of the covered product; and (3) the term ‘‘device’’ has the meaning the license holder and such request— (ii) neither the license holder nor any of its given the term in section 201 of the Federal (I) was sent to a named corporate officer of agents, wholesalers, or distributors other- Food, Drug, and Cosmetic Act (21 U.S.C. 321); the license holder; wise had access to inventory of the covered (4) the term ‘‘eligible product developer’’ (II) was made by certified or registered product to supply to the eligible product de- means a person that seeks to develop a prod- mail with return receipt requested; veloper on commercially reasonable, mar- uct for approval pursuant to an application (III) specified an individual as the point of ket-based terms; for approval under subsection (b)(2) or (j) of contact for the license holder to direct com- (B) that— section 505 of the Federal Food, Drug, and munications related to the sale of the cov- (i) the license holder sells the covered Cosmetic Act (21 U.S.C. 355) or for licensing ered product to the eligible product devel- product through agents, distributors, or pursuant to an application under section oper and a means for electronic and written wholesalers; 351(k) of the Public Health Service Act (42 communications with that individual; and (ii) the license holder has placed no restric- U.S.C. 262(k)); (IV) specified an address to which the cov- tions, explicit or implicit, on its agents, dis- (5) the term ‘‘license holder’’ means the ered product was to be shipped upon reaching tributors, or wholesalers to sell covered holder of an application approved under sub- an agreement to transfer the covered prod- products to eligible product developers; and section (c) or (j) of section 505 of the Federal uct; and (iii) the covered product can be purchased Food, Drug, and Cosmetic Act (21 U.S.C. 355) (iv) that the license holder has not deliv- by the eligible product developer in suffi- or the holder of a license under subsection ered to the eligible product developer suffi- cient quantities on commercially reasonable, (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262) for a covered prod- cient quantities of the covered product on market-based terms from the agents, dis- uct; commercially reasonable, market-based tributors, or wholesalers of the license hold- (6) the term ‘‘REMS’’ means a risk evalua- terms— er; or tion and mitigation strategy under section (I) for a covered product that is not subject (C) that the license holder made an offer to 505–1 of the Federal Food, Drug, and Cos- to a REMS with ETASU, by the date that is the individual specified pursuant to para- metic Act (21 U.S.C. 355–1); 31 days after the date on which the license graph (2)(A)(iii)(III), by a means of commu- (7) the term ‘‘REMS with ETASU’’ means a holder received the request for the covered nication (electronic, written, or both) speci- REMS that contains elements to assure safe product; and fied pursuant to such paragraph, to sell suffi- use under section 505–1(f) of the Federal (II) for a covered product that is subject to cient quantities of the covered product to Food, Drug, and Cosmetic Act (21 U.S.C. 355– a REMS with ETASU, by 31 days after the the eligible product developer at commer- 1(f)); later of— cially reasonable market-based terms— (8) the term ‘‘Secretary’’ means the Sec- (aa) the date on which the license holder (i) for a covered product that is not subject retary of Health and Human Services; received the request for the covered product; to a REMS with ETASU, by the date that is (9) the term ‘‘single, shared system of ele- or 14 days after the date on which the license ments to assure safe use’’ means a single, (bb) the date on which the license holder holder received the request for the covered shared system of elements to assure safe use received a copy of the covered product au- product, and the eligible product developer under section 505–1(f) of the Federal Food, thorization issued by the Secretary in ac- did not accept such offer by the date that is Drug, and Cosmetic Act (21 U.S.C. 355–1(f)); cordance with subparagraph (B). 7 days after the date on which the eligible and (B) AUTHORIZATION FOR COVERED PRODUCT product developer received such offer from (10) the term ‘‘sufficient quantities’’ means SUBJECT TO A REMS WITH ETASU.— the license holder; or an amount of a covered product that the eli- (i) REQUEST.—An eligible product developer (ii) for a covered product that is subject to gible product developer determines allows it may submit to the Secretary a written re- a REMS with ETASU, by the date that is 20 to— quest for the eligible product developer to be days after the date on which the license (A) conduct testing to support an applica- authorized to obtain sufficient quantities of holder received the request for the covered tion under— an individual covered product subject to a product, and the eligible product developer (i) subsection (b)(2) or (j) of section 505 of REMS with ETASU. did not accept such offer by the date that is the Federal Food, Drug, and Cosmetic Act (ii) AUTHORIZATION.—Not later than 120 10 days after the date on which the eligible (21 U.S.C. 355); or days after the date on which a request under product developer received such offer from (ii) section 351(k) of the Public Health clause (i) is received, the Secretary shall, by the license holder. Service Act (42 U.S.C. 262(k)); and written notice, authorize the eligible product (4) REMEDIES.— (B) fulfill any regulatory requirements re- developer to obtain sufficient quantities of (A) IN GENERAL.—If an eligible product de- lating to approval of such an application. an individual covered product subject to a veloper prevails in a civil action brought (b) CIVIL ACTION FOR FAILURE TO PROVIDE REMS with ETASU for purposes of— under paragraph (1), the court shall— SUFFICIENT QUANTITIES OF A COVERED PROD- (I) development and testing that does not (i) order the license holder to provide to UCT.— involve human clinical trials, if the eligible the eligible product developer without delay (1) IN GENERAL.—An eligible product devel- product developer has agreed to comply with sufficient quantities of the covered product oper may bring a civil action against the li- any conditions the Secretary determines on commercially reasonable, market-based cense holder for a covered product seeking necessary; or terms; relief under this subsection in an appropriate (II) development and testing that involves (ii) award to the eligible product developer district court of the United States alleging human clinical trials, if the eligible product reasonable attorney’s fees and costs of the that the license holder has declined to pro- developer has— civil action; and vide sufficient quantities of the covered (aa)(AA) submitted protocols, informed (iii) award to the eligible product devel- product to the eligible product developer on consent documents, and informational mate- oper a monetary amount sufficient to deter commercially reasonable, market-based rials for testing that include protections the license holder from failing to provide eli- terms. that provide safety protections comparable gible product developers with sufficient (2) ELEMENTS.— to those provided by the REMS for the cov- quantities of a covered product on commer- (A) IN GENERAL.—To prevail in a civil ac- ered product; or cially reasonable, market-based terms, if the tion brought under paragraph (1), an eligible (BB) otherwise satisfied the Secretary that court finds, by a preponderance of the evi- product developer shall prove, by a prepon- such protections will be provided; and dence— derance of the evidence— (bb) met any other requirements the Sec- (I) that the license holder delayed pro- (i) that— retary may establish. viding sufficient quantities of the covered (I) the covered product is not subject to a (iii) NOTICE.—A covered product authoriza- product to the eligible product developer REMS with ETASU; or tion issued under this subparagraph shall without a legitimate business justification; (II) if the covered product is subject to a state that the provision of the covered prod- or REMS with ETASU— uct by the license holder under the terms of (II) that the license holder failed to comply (aa) the eligible product developer has ob- the authorization will not be a violation of with an order issued under clause (i). tained a covered product authorization from the REMS for the covered product. (B) MAXIMUM MONETARY AMOUNT.—A mone- the Secretary in accordance with subpara- (3) AFFIRMATIVE DEFENSE.—In a civil action tary amount awarded under subparagraph graph (B); and brought under paragraph (1), it shall be an (A)(iii) shall not be greater than the revenue (bb) the eligible product developer has pro- affirmative defense, on which the defendant that the license holder earned on the covered vided a copy of the covered product author- has the burden of persuasion by a preponder- product during the period— ization to the license holder; ance of the evidence— (i) beginning on—

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.046 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3908 CONGRESSIONAL RECORD — HOUSE May 16, 2019 (I) for a covered product that is not subject ‘‘(II) a different, comparable aspect of the (2) in paragraph (4), by adding at the end to a REMS with ETASU, the date that is 31 elements to assure safe use under subsection the following new subparagraph: days after the date on which the license (f). ‘‘(E) For pediatric cancer research, not to holder received the request; or ‘‘(ii) The Secretary may require a drug exceed a total of $4,963,000,000 for the period (II) for a covered product that is subject to that is the subject of an application under of fiscal years 2020 through 2024.’’. a REMS with ETASU, the date that is 31 section 505(j) and the listed drug to use a sin- Mr. WALDEN (during the reading). days after the later of— gle, shared system under subsection (f), if Mr. Speaker, I ask unanimous consent (aa) the date on which the license holder the Secretary determines that no different, to dispense with the reading. received the request; or comparable aspect of the elements to assure (bb) the date on which the license holder safe use could satisfy the requirements of The SPEAKER pro tempore. Is there received a copy of the covered product au- subsection (f).’’; objection to the request of the gen- thorization issued by the Secretary in ac- (3) in subsection (i), by adding at the end tleman from Oregon? cordance with paragraph (2)(B); and the following: There was no objection. (ii) ending on the date on which the eligi- ‘‘(3) SHARED REMS.—If the Secretary ap- The SPEAKER pro tempore. The gen- ble product developer received sufficient proves, in accordance with paragraph tleman from Oregon is recognized for 5 quantities of the covered product. (1)(C)(i)(II), a different, comparable aspect of minutes. (C) AVOIDANCE OF DELAY.—The court may the elements to assure safe use under sub- Mr. WALDEN. Mr. Speaker, Repub- issue an order under subparagraph (A)(i) be- section (f) for a drug that is the subject of an licans and Democrats worked together fore conducting further proceedings that abbreviated new drug application under sec- on provisions to bring generic drugs to may be necessary to determine whether the tion 505(j), the Secretary may require that eligible product developer is entitled to an such different comparable aspect of the ele- market faster and to stop abusive prac- award under clause (ii) or (iii) of subpara- ments to assure safe use can be used with re- tices. We did that on the Energy and graph (A), or the amount of any such award. spect to any other drug that is the subject of Commerce Committee, and we brought (c) LIMITATION OF LIABILITY.—A license an application under section 505(j) or 505(b) this House multiple bills to achieve holder for a covered product shall not be lia- that references the same listed drug.’’; and that goal, and we did it unanimously. ble for any claim under Federal, State, or (4) by adding at the end the following: We believe our bipartisan work will local law arising out of the failure of an eli- ‘‘(m) SEPARATE REMS.—When used in this increase competition and ultimately gible product developer to follow adequate section, the terms ‘different, comparable as- help lower the cost of prescription safeguards to assure safe use of the covered pect of the elements to assure safe use’ or ‘different, comparable approved risk evalua- drugs. product during development or testing ac- These policies passed unanimously tivities described in this section, including tion and mitigation strategies’ means a risk transportation, handling, use, or disposal of evaluation and mitigation strategy for a out of the Energy and Commerce Com- the covered product by the eligible product drug that is the subject of an application mittee. They help consumers, and they developer. under section 505(j) that uses different meth- have the added benefit of helping the (d) NO VIOLATION OF REMS.—Section 505–1 ods or operational means than the strategy Federal Government by producing $4 of the Federal Food, Drug, and Cosmetic Act required under subsection (a) for the applica- billion in savings. (21 U.S.C. 355–1) is amended by adding at the ble listed drug, or other application under Unfortunately, our friends on the section 505(j) with the same such listed drug, end the following new subsection: other side of the aisle, Democrats, de- ‘‘(l) PROVISION OF SAMPLES NOT A VIOLA- but achieves the same level of safety as such strategy.’’. cided to pair these bipartisan bills to TION OF STRATEGY.—The provision of samples lower drug costs with what they knew of a covered product to an eligible product SEC. 123. RULE OF CONSTRUCTION. developer (as those terms are defined in sec- (a) IN GENERAL.—Nothing in this subtitle, were very partisan bills that I, frankly, tion 121(a) of the Lowering Prescription Drug the amendments made by this subtitle, or in think waste taxpayer money in many Costs and Extending Community Health Cen- section 505–1 of the Federal Food, Drug, and cases. ters and Other Public Health Priorities Act) Cosmetic Act (21 U.S.C. 355–1), shall be con- We ought to be working together on shall not be considered a violation of the re- strued as— this, not descending ‘‘into partisan pol- quirements of any risk evaluation and miti- (1) prohibiting a license holder from pro- itics on a seemingly bipartisan issue.’’ viding an eligible product developer access gation strategy that may be in place under Those are the words of STAT News as this section for such drug.’’. to a covered product in the absence of an au- thorization under this subtitle; or reported today. (e) RULE OF CONSTRUCTION.— The fact is, when we do work to- (1) DEFINITION.—In this subsection, the (2) in any way negating the applicability of term ‘‘antitrust laws’’— a REMS with ETASU, as otherwise required gether, we can achieve real results. In (A) has the meaning given the term in sub- under such section 505–1, with respect to the last Congress, we reauthorized the section (a) of the first section of the Clayton such covered product. Food and Drug Administration, and we (b) DEFINITIONS.—In this section, the terms Act (15 U.S.C. 12); and gave that agency the tools and re- ‘‘covered product’’, ‘‘eligible product devel- (B) includes section 5 of the Federal Trade oper’’, ‘‘license holder’’, and ‘‘REMS with sources to get generic drugs into mar- Commission Act (15 U.S.C. 45) to the extent ETASU’’ have the meanings given such ket faster. that such section applies to unfair methods terms in section 121(a). It is already working. Our work pro- of competition. Strike title II and insert the following: duced, with the FDA’s efforts, a record (2) ANTITRUST LAWS.—Nothing in this sec- number of generic drugs coming to tion shall be construed to limit the oper- TITLE II—SUPPORTING PEDIATRIC ation of any provision of the antitrust laws. CANCER RESEARCH market, driving competition, and giv- ing consumers more choices. SEC. 122. REMS APPROVAL PROCESS FOR SUBSE- SEC. 201. FINDING; SENSE OF CONGRESS. QUENT FILERS. According to the Congressional Budget Of- We did the same thing in the prior Section 505–1 of the Federal Food, Drug, fice, the bipartisan provisions of title I of Congress when FRED UPTON and DIANA and Cosmetic Act (21 U.S.C. 355–1), as amend- this Act decrease Federal spending by over DEGETTE led the effort on 21st Century ed by section 121, is further amended— $4,000,000,000. It is the sense of Congress that Cures so we could invest in medical re- (1) in subsection (g)(4)(B)— these savings should be redirected to the Na- search. That was bipartisan. (A) in clause (i) by striking ‘‘or’’ after the tional Institutes of Health Innovation Ac- Unfortunately, today you have par- semicolon; count to be made available to support pedi- tisan bills coupled with bipartisan (B) in clause (ii) by striking the period at atric cancer research as provided by the bills, a poison pill, if you will. And the the end and inserting ‘‘; or’’; and amendments made by section 202. Democrats have decided to use the (C) by adding at the end the following: SEC. 202. PEDIATRIC CANCER RESEARCH. ‘‘(iii) accommodate different, comparable Section 1001(b) of the 21st Century Cures money, in part generated by our work aspects of the elements to assure safe use for Act (Public Law 114–255) is amended— on generic drugs, to fund more naviga- a drug that is the subject of an application (1) in paragraph (3), by amending subpara- tors. under section 505(j), and the applicable listed graph (A) to read as follows: Let me just talk briefly about navi- drug.’’; ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— gators. (2) in subsection (i)(1), by striking subpara- For each of the fiscal years 2017 through 2026, They cost you an average of $767 graph (C) and inserting the following: there is authorized to be appropriated from every time they sign up an individual. ‘‘(C)(i) Elements to assure safe use, if re- the Account to the Director of NIH, for the In the private sector, it is $2.40. And quired under subsection (f) for the listed purpose of carrying out the NIH Innovation drug, which, subject to clause (ii), for a drug Projects, an amount not to exceed the total they just added another $25 million to that is the subject of an application under amount transferred to the Account under that. section 505(j) may use— paragraph (2)(A), plus $4,963,000,000 for the The Wall Street Journal reported one ‘‘(I) a single, shared system with the listed period of fiscal years 2020 through 2024, to re- grantee took in $200,000 to enroll a drug under subsection (f); or main available until expended.’’; and grand total of one person.

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.046 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3909 The top 10 most expensive navigators My colleagues here are worried about port the underlying bill and defeat this collected $2.77 million in contracts the health and well-being of their con- MTR. from the Federal Government. They stituents, and we have heard countless Action, not words, is what the Amer- signed up 314 people. That is how they heart-wrenching stories from Ameri- ican people demand, and it is what spent the money. cans across the Nation—our neighbors, they deserve. Democrats are com- One newspaper editorialized: ‘‘The our friends, and our loved ones. mitted to putting consumers first. navigator scheme is a make-work gov- Americans are simply worried about We will fight relentlessly to protect ernment jobs program rife with corrup- their healthcare. I am worried about individuals with preexisting conditions tion and highly susceptible to scam their healthcare. They are tired of and expand coverage to more Ameri- artists.’’ these games. cans. Today on the House floor, you will Let’s stop playing politics with the We will make sure no one—abso- have a choice with this motion to re- health and well-being of the American lutely no one—has to choose between a commit, and the choice is to spend it people. It just needs to stop. prescription drug or their mortgage. that way and add more money into Last year, the Trump administration That is unconscionable. that navigator program, that, by the allowed the expanded sale of junk in- Mr. Speaker, I urge my colleagues to way, we just approved a bunch of surance plans, many of which do not join us in standing for ensuring Ameri- amendments to tell navigators to go cover maternity care, mental and be- cans have access to affordable work with people in rural areas, to havioral health, or coverage to treat healthcare and prescription drugs. I work with people on CHIP, veterans. preexisting conditions. stand in opposition to this MTR. I urge Apparently, they weren’t working with Under these plans, women can be my colleagues to join me in opposing any of those folks. charged more than men; insurance the political ploy that would hurt So the motion to recommit says this: companies can cancel coverage as soon American families, those with pre- same drug bills that we passed out of as an enrollee gets sick. People en- existing conditions, and those who are committee, so you will be able to vote rolled in these plans might seek care trying to afford their healthcare and ‘‘yes’’ on those, and then the money for themselves or for a family member prescription drugs. that is generated, rather than going to only to be left out in the cold without Mr. Speaker, I yield back the balance this flawed navigator program will go coverage. of my time. to the NIH innovation fund to support No matter what the White House or The SPEAKER pro tempore. Without childhood cancer research. That is your my colleagues on the other side of the objection, the previous question is or- choice. aisle cook it up to, the American peo- By using the savings from the drug dered on the motion to recommit. ple have said time and time again that pricing provisions to pay for childhood There was no objection. they oppose plans that rip healthcare cancer research, this amendment The SPEAKER pro tempore. The coverage away from those with pre- makes clear the bipartisan drug pricing question is on the motion to recommit. existing conditions. offsets should be used to pay for bipar- The question was taken; and the While the motion does attempt to Speaker pro tempore announced that tisan healthcare priorities. fund vital public health services and So, if you support lowering the cost the noes appeared to have it. programs that have long garnered bi- of prescription drugs and you support RECORDED VOTE partisan support, the funding levels fail the work of the NIH and its efforts to Mr. WALDEN. Mr. Speaker, I demand to provide greater investments to these save countless lives of children with a recorded vote. programs. I know that we can work to- cancer, then you vote ‘‘yes’’ on the mo- A recorded vote was ordered. gether to fund these programs, but tion to recommit. The SPEAKER pro tempore. Pursu- Mr. Speaker, I yield back the balance keeping the administration’s junk plan ant to clause 9 of rule XX, the Chair of my time. rule on the books would harm public will reduce to 5 minutes the minimum Mrs. MCBATH. Mr. Speaker, I rise in health and not help it. time for any electronic vote on the We don’t have to make these false opposition to the motion to recommit. question of passage. choices. This underlying bill combines The SPEAKER pro tempore. The gen- This is a 5-minute vote. key pieces of legislation that lower tlewoman from Georgia is recognized The vote was taken by electronic de- drug costs, strengthen healthcare, re- for 5 minutes. vice, and there were—ayes 188, noes 228, verse the sabotage, and rescind the ad- Mrs. MCBATH. Mr. Speaker, not voting 15, as follows: healthcare is an issue that is deeply ministration’s junk plan rule. [Roll No. 213] personal to me. I, myself, like millions We are making it easier for American of Americans, live with a preexisting families to assess and sign up for af- AYES—188 condition. fordable healthcare. Aderholt Collins (NY) Graves (LA) We are making sure that plans cover Allen Comer Graves (MO) As a two-time breast cancer survivor, Amash Conaway Green (TN) I understand what it is like to have essential health benefits, like mater- Amodei Cook Griffith your life turned upside down by a diag- nity care and treatment for substance Armstrong Crawford Grothman nosis. Treatment was exhausting, both use disorder. Arrington Crenshaw Guest Babin Curtis Guthrie physically and emotionally. I did it all We are making sure that patients do Bacon Davidson (OH) Hagedorn while raising my family and working not face annual or lifetime caps. Baird Davis, Rodney Harris full-time. I was terrified. We are making sure that patients are Balderson DesJarlais Hartzler Despite being lucky in having health not discriminated against based on Banks Diaz-Balart Hern, Kevin Barr Duffy Herrera Beutler insurance through my job, I was still their preexisting conditions, like my- Bergman Duncan Hice (GA) worried about my financial security. I self. Biggs Dunn Higgins (LA) was concerned about making it to my This is what we are elected to do for Bilirakis Emmer Hill (AR) the American people. Bishop (UT) Estes Holding radiation treatments every single day, Bost Ferguson Hollingsworth sometimes for weeks, and then back to Republicans plan to support protec- Brady Fitzpatrick Hudson work and then back home to raise my tions for preexisting conditions, but Brooks (AL) Fleischmann Huizenga son, Jordan. they have failed to condemn the ad- Brooks (IN) Flores Hunter Buchanan Fortenberry Hurd (TX) I had to do it, just like millions of ministration’s decision asking the Buck Foxx (NC) Johnson (SD) Americans out there who share a simi- courts to invalidate the entire ACA. Budd Fulcher Jordan lar story like mine. I truly don’t know They have failed to call on the Presi- Burchett Gaetz Joyce (OH) dent to reverse course. They have re- Burgess Gallagher Joyce (PA) what I would have done or what would Calvert Gianforte Katko have happened if I had lost that fused to join us in condemning the ad- Carter (GA) Gibbs Kelly (MS) healthcare insurance. ministration’s refusal to defend the law Carter (TX) Gohmert Kelly (PA) Over 300,000 Georgians in my State, of the land. Chabot Gonzalez (OH) King (IA) Cheney Gooden King (NY) in my district have a preexisting condi- If our colleagues on the other side of Cline Gosar Kinzinger tion. Over 45,000 of those people are the aisle are serious about protecting Cloud Granger Kustoff (TN) children under the age of 17. preexisting conditions, they will sup- Cole Graves (GA) LaHood

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.137 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3910 CONGRESSIONAL RECORD — HOUSE May 16, 2019 LaMalfa Perry Steube Spanberger Torres (CA) Visclosky Neal Ruppersberger Thompson (CA) Lamborn Posey Stewart Speier Torres Small Wasserman Neguse Rush Thompson (MS) Latta Ratcliffe Stivers Stanton (NM) Schultz Norcross Sa´ nchez Titus Lesko Reed Taylor Stevens Trahan Waters O’Halleran Sarbanes Tlaib Long Reschenthaler Thompson (PA) Suozzi Trone Watson Coleman Ocasio-Cortez Scanlon Tonko Loudermilk Rice (SC) Thornberry Takano Underwood Welch Omar Schakowsky Torres (CA) Lucas Riggleman Timmons Thompson (CA) Van Drew Wexton Pallone Schiff Torres Small Luetkemeyer Roby Tipton Thompson (MS) Vargas Wild Panetta Schneider (NM) Titus Veasey Marchant Rodgers (WA) Turner Wilson (FL) Pappas Schrader Trahan Marshall Roe, David P. Tlaib Vela Upton Yarmuth Pascrell Schrier Trone Mast Rogers (AL) Tonko Vela´ zquez Wagner Payne Scott (VA) Underwood McCarthy Rogers (KY) Walberg NOT VOTING—15 Pelosi Scott, David Upton McCaul Rooney (FL) Perlmutter Serrano Walden Van Drew McClintock Rose, John W. Abraham Johnson (LA) Rose (NY) Peters Sewell (AL) Walker Vargas McHenry Rouzer Bucshon Johnson (OH) Ryan Peterson Shalala Walorski Veasey McKinley Roy Byrne Massie Smucker Phillips Sherman Waltz Vela Meadows Rutherford Clyburn Meeks Swalwell (CA) Pingree Sherrill Watkins ´ Meuser Scalise Collins (GA) Moulton Weber (TX) Pocan Sires Velazquez Webster (FL) Miller Schweikert Porter Slotkin Visclosky Wenstrup Mitchell Scott, Austin Pressley Smith (NJ) Wasserman Westerman b 1928 Moolenaar Sensenbrenner Price (NC) Smith (WA) Schultz Williams Mooney (WV) Shimkus So the motion to recommit was re- Quigley Soto Waters Wilson (SC) Mullin Simpson Raskin Spanberger Watson Coleman Wittman jected. Newhouse Smith (MO) Rice (NY) Speier Welch Womack The result of the vote was announced Norman Smith (NE) Richmond Stanton Wexton Woodall Nunes Smith (NJ) as above recorded. Rouda Stevens Wild Olson Spano Wright The SPEAKER pro tempore. The Roybal-Allard Suozzi Wilson (FL) Palazzo Stauber Yoho Ruiz Takano Yarmuth Palmer Stefanik Young question is on the passage of the bill. The question was taken; and the Pence Steil Zeldin NOES—183 Speaker pro tempore announced that NOES—228 the ayes appeared to have it. Aderholt Gooden Olson Allen Gosar Palazzo Adams Espaillat Lynch RECORDED VOTE Amash Granger Palmer Aguilar Evans Malinowski Mr. WALDEN. Mr. Speaker, I demand Amodei Graves (GA) Pence Allred Finkenauer Maloney, Armstrong Graves (LA) Perry Axne Fletcher Carolyn B. a recorded vote. Arrington Graves (MO) Posey ´ Barragan Foster Maloney, Sean A recorded vote was ordered. Babin Green (TN) Ratcliffe Bass Frankel Matsui Bacon Griffith Reed Beatty Fudge McAdams The SPEAKER pro tempore. This is a 5-minute vote. Baird Grothman Reschenthaler Bera Gabbard McBath Balderson Guest Rice (SC) Beyer Gallego McCollum The vote was taken by electronic de- Banks Guthrie Riggleman Bishop (GA) Garamendi McEachin vice, and there were—ayes 234, noes 183, Barr Hagedorn Roby Blumenauer Garcı´a (IL) McGovern not voting 15, as follows: Bergman Harris Rodgers (WA) Blunt Rochester Garcia (TX) McNerney Biggs Hartzler Roe, David P. Bonamici Golden Meng [Roll No. 214] Bilirakis Hern, Kevin Rogers (AL) Boyle, Brendan Gomez Moore AYES—234 Bishop (UT) Hice (GA) Rogers (KY) F. Gonzalez (TX) Morelle Bost Higgins (LA) Rooney (FL) Brindisi Gottheimer Mucarsel-Powell Adams DeFazio Johnson (TX) Brady Hill (AR) Rose, John W. Brown (MD) Green (TX) Murphy Aguilar DeGette Kaptur Brooks (AL) Holding Rouzer Brownley (CA) Grijalva Nadler Allred DeLauro Katko Brooks (IN) Hollingsworth Roy Bustos Haaland Napolitano Axne DelBene Keating Buchanan Hudson Rutherford ´ Butterfield Harder (CA) Neal Barragan Delgado Kelly (IL) Buck Huizenga Scalise Carbajal Hastings Neguse Bass Demings Kennedy Budd Hunter Schweikert ´ Cardenas Hayes Norcross Beatty DeSaulnier Khanna Burchett Hurd (TX) Scott, Austin Carson (IN) Heck O’Halleran Bera Deutch Kildee Burgess Johnson (SD) Sensenbrenner Cartwright Higgins (NY) Ocasio-Cortez Beyer Dingell Kilmer Calvert Jordan Shimkus Case Hill (CA) Omar Bishop (GA) Doggett Kim Carter (GA) Joyce (OH) Simpson Casten (IL) Himes Pallone Blumenauer Doyle, Michael Kind Carter (TX) Joyce (PA) Smith (MO) Castor (FL) Horn, Kendra S. Panetta Blunt Rochester F. Kirkpatrick Chabot Kelly (MS) Smith (NE) Castro (TX) Horsford Pappas Bonamici Engel Krishnamoorthi Cheney Kelly (PA) Spano Chu, Judy Houlahan Pascrell Boyle, Brendan Escobar Kuster (NH) Cline King (IA) Stauber Cicilline Hoyer Payne F. Eshoo Lamb Cloud King (NY) Stefanik Cisneros Huffman Perlmutter Brindisi Espaillat Langevin Cole Kinzinger Steil Clark (MA) Jackson Lee Peters Brown (MD) Evans Larsen (WA) Collins (NY) Kustoff (TN) Steube Clarke (NY) Jayapal Peterson Brownley (CA) Finkenauer Larson (CT) Comer LaHood Stewart Clay Jeffries Phillips Bustos Fitzpatrick Lawrence Conaway LaMalfa Stivers Cleaver Johnson (GA) Pingree Butterfield Fletcher Lawson (FL) Cook Lamborn Taylor Cohen Johnson (TX) Pocan Carbajal Foster Lee (CA) Crawford Latta Thompson (PA) ´ Connolly Kaptur Porter Cardenas Frankel Lee (NV) Crenshaw Lesko Thornberry Cooper Keating Pressley Carson (IN) Fudge Levin (CA) Curtis Long Timmons Correa Kelly (IL) Price (NC) Cartwright Gabbard Levin (MI) Davidson (OH) Loudermilk Tipton Costa Kennedy Quigley Case Gallego Lewis Davis, Rodney Lucas Turner Courtney Khanna Raskin Casten (IL) Garamendi Lieu, Ted DesJarlais Luetkemeyer Wagner ´ Cox (CA) Kildee Rice (NY) Castor (FL) Garcıa (IL) Lipinski Diaz-Balart Marchant Walberg Craig Kilmer Richmond Castro (TX) Garcia (TX) Loebsack Duffy Marshall Walden Crist Kim Rouda Chu, Judy Golden Lofgren Duncan Mast Walker Crow Kind Roybal-Allard Cicilline Gomez Lowenthal Dunn McCarthy Walorski Cuellar Kirkpatrick Ruiz Cisneros Gonzalez (TX) Lowey Emmer McCaul Waltz ´ Cummings Krishnamoorthi Ruppersberger Clark (MA) Gottheimer Lujan Estes McClintock Watkins Cunningham Kuster (NH) Rush Clarke (NY) Green (TX) Luria Ferguson McHenry Webster (FL) ´ Davids (KS) Lamb Sanchez Clay Grijalva Lynch Fleischmann McKinley Wenstrup Davis (CA) Langevin Sarbanes Cleaver Haaland Malinowski Flores Meadows Westerman Davis, Danny K. Larsen (WA) Scanlon Cohen Harder (CA) Maloney, Fortenberry Meuser Williams Dean Larson (CT) Schakowsky Connolly Hastings Carolyn B. Foxx (NC) Miller Wilson (SC) DeFazio Lawrence Schiff Cooper Hayes Maloney, Sean Fulcher Mitchell Wittman DeGette Lawson (FL) Schneider Correa Heck Matsui Gaetz Moolenaar Womack DeLauro Lee (CA) Schrader Costa Herrera Beutler McAdams Gallagher Mooney (WV) Woodall DelBene Lee (NV) Schrier Courtney Higgins (NY) McBath Gianforte Mullin Wright Delgado Levin (CA) Scott (VA) Cox (CA) Hill (CA) McCollum Gibbs Newhouse Yoho Demings Levin (MI) Scott, David Craig Himes McEachin Gohmert Norman Young DeSaulnier Lewis Serrano Crist Horn, Kendra S. McGovern Gonzalez (OH) Nunes Zeldin Deutch Lieu, Ted Sewell (AL) Crow Horsford McNerney Dingell Lipinski Shalala Cuellar Houlahan Meng NOT VOTING—15 Doggett Loebsack Sherman Cummings Hoyer Moore Doyle, Michael Lofgren Sherrill Cunningham Huffman Morelle Abraham Johnson (LA) Rose (NY) F. Lowenthal Sires Davids (KS) Jackson Lee Mucarsel-Powell Bucshon Johnson (OH) Ryan Engel Lowey Slotkin Davis (CA) Jayapal Murphy Byrne Massie Smucker Escobar Luja´ n Smith (WA) Davis, Danny K. Jeffries Nadler Clyburn Meeks Swalwell (CA) Eshoo Luria Soto Dean Johnson (GA) Napolitano Collins (GA) Moulton Weber (TX)

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.044 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3911 b 1938 plete the program required under subsection and passed, and a motion to reconsider (a) not later than 90 days after the date of was laid on the table. So the bill was passed. the adoption of this resolution. f The result of the vote was announced (c) ADDITIONAL MECHANISMS.—The Com- as above recorded. mittee on House Administration shall con- PERMISSION FOR COMMITTEE ON A motion to reconsider was laid on sider additional mechanisms to ensure com- THE JUDICIARY TO FILE SUP- the table. pliance with the training requirement under PLEMENTAL REPORT ON H.R. 965, f subsection (a). CREATING AND RESTORING REQUIRING EACH MEMBER, OFFI- The resolution was agreed to. EQUAL ACCESS TO EQUIVALENT CER, AND EMPLOYEE OF THE A motion to reconsider was laid on SAMPLES ACT OF 2019 the table. HOUSE OF REPRESENTATIVES Ms. LOFGREN. Mr. Speaker, I ask TO COMPLETE A PROGRAM OF f unanimous consent that the Com- TRAINING IN WORKPLACE MAKING TECHNICAL CORRECTIONS mittee on the Judiciary be authorized RIGHTS AND RESPONSIBILITIES TO THE COMPUTATION OF AVER- to file a supplemental report on the EACH SESSION OF EACH CON- AGE PAY UNDER PUBLIC LAW bill, H.R. 965. GRESS, AND FOR OTHER PUR- 110–279 The SPEAKER pro tempore. Is there POSES Ms. LOFGREN. Mr. Speaker, I ask objection to the request of the gentle- Ms. LOFGREN. Mr. Speaker, I ask unanimous consent to take from the woman from California? unanimous consent that the Com- Speaker’s table the bill (S. 1436) to There was no objection. mittee on House Administration be dis- make technical corrections to the com- f charged from further consideration of putation of average pay under Public AUTHORIZING THE CLERK TO House Resolution 30, and ask for its Law 110–279, and ask for its immediate MAKE CORRECTIONS IN EN- immediate consideration in the House. consideration in the House. GROSSMENT OF H.R. 987, The Clerk read the title of the resolu- The Clerk read the title of the bill. STRENGTHENING HEALTH CARE tion. The SPEAKER pro tempore. Is there AND LOWERING PRESCRIPTION The SPEAKER pro tempore. Is there objection to the request of the gentle- DRUG COSTS ACT objection to the request of the gentle- woman from California? Mr. PALLONE. Mr. Speaker, I ask woman from California? There was no objection. unanimous consent that in the engross- There was no objection. The text of the bill is as follows: The text of the resolution is as fol- ment of the bill, H.R. 987, the Clerk be lows: S. 1436 authorized to make technical correc- H. RES. 30 Be it enacted by the Senate and House of Rep- tions and conforming changes to the resentatives of the United States of America in Resolved, bill. Congress assembled, The SPEAKER pro tempore. Is there SECTION 1. MANDATORY COMPLETION OF PRO- SECTION 1. TECHNICAL CORRECTIONS TO COM- GRAM OF TRAINING IN WORKPLACE objection to the request of the gen- PUTATION OF AVERAGE PAY UNDER RIGHTS AND RESPONSIBILITIES. tleman from New Jersey? PUBLIC LAW 110–279. (a) REQUIRING TRAINING FOR ALL MEMBERS, (a) IN GENERAL.—Section 1(c)(2)(A) of Pub- There was no objection. OFFICERS, AND EMPLOYEES.— lic Law 110–279 (2 U.S.C. 2051(c)(2)(A)) is f (1) REQUIREMENT.—Not later than 30 days amended— after the date of the adoption of this resolu- REQUEST TO CONSIDER H.R. 962, (1) by striking ‘‘For purposes of’’ and all tion, the Committee on House Administra- that follows through ‘‘(i) any period’’ and in- BORN-ALIVE ABORTION SUR- tion shall issue regulations to provide that, serting the following: VIVORS PROTECTION ACT during each session of each Congress, each ‘‘(i) TREATMENT OF SERVICE.—For purposes Member (including each Delegate or Resi- Mr. LATTA. Mr. Speaker, I ask unan- of chapters 83, 84, and 87 of title 5, United dent Commissioner to the Congress), officer, imous consent that the Committee on States Code, any period’’; and employee of the House of Representa- the Judiciary be discharged from fur- (2) in clause (i), by striking ‘‘; and’’ and in- tives shall complete a program of training in serting a period; and ther consideration of H.R. 962, the the workplace rights and responsibilities ap- (3) in clause (ii)— Born-Alive Abortion Survivors Protec- plicable to offices and employees of the (A) by inserting ‘‘TREATMENT OF PAY.—For tion Act, and ask for its immediate House under part A of title II of the Congres- purposes of chapter 87 of title 5, United consideration in the House. sional Accountability Act of 1995 (2 U.S.C. States Code,’’ before ‘‘the rate of basic pay’’; 1301 et seq.), including anti-discrimination The SPEAKER pro tempore. Under and and anti-harassment training. guidelines consistently issued by suc- (B) by striking ‘‘the covered’’ and inserting (2) INCLUSION OF INTERNS, FELLOWS, AND cessive Speakers, as recorded in sec- ‘‘a covered’’. DETAILEES.—For purposes of this resolution, tion 956 of the House Rules and Man- (b) REGULATIONS.— an individual serving in an office of the (1) IN GENERAL.—The Director of the Office ual, the Chair is constrained not to en- House of Representatives as an intern (in- of Personnel Management shall promulgate tertain the request unless it has been cluding an unpaid intern), a participant in a regulations to carry out this section. cleared by the bipartisan floor and fellowship program, or a detailee from an- (2) EFFECTIVE DATE.—The regulations pro- committee leaderships. other office of the Federal Government shall mulgated under paragraph (1) shall take ef- be considered an employee of the House. Mr. LATTA. Mr. Speaker, I urge the fect not later than 180 days after the date of (b) DEADLINE.— Speaker to immediately schedule this enactment of this Act. (1) IN GENERAL.—Under the regulations important bill. (c) APPLICABILITY OF AMENDMENTS.— issued by the Committee on House Adminis- The SPEAKER pro tempore. The gen- (1) DEFINITIONS.—In this subsection, the tration under subsection (a), an individual terms ‘‘contractor’’, ‘‘covered individual’’, tleman is not recognized for debate. shall complete the program of training re- and ‘‘food services contract’’ have the mean- f quired under subsection (a) and file a certifi- ings given those terms in section 1(a) of Pub- cate of completion of such training not later FIGHTING FOR ACCESS TO HIGH- lic Law 110–279 (2 U.S.C. 2051(a)). than— (2) APPLICABILITY.—The amendments made QUALITY HEALTHCARE FOR ALL (A) in the case of an individual who is serv- by this section shall apply with respect to— AMERICANS ing as a Member, officer, or employee of the (A) a covered individual who separates House as of the first day of a session of Con- (Mrs. WATSON COLEMAN asked and from service as an employee of a contractor gress, not later than 90 days after the session was given permission to address the performing services under the food services begins; or House for 1 minute.) contract before, on, or after the date of en- (B) in the case of any other individual, not actment of this Act; and Mrs. WATSON COLEMAN. Mr. later than 90 days after the individual first (B) each payment to a covered individual Speaker, Democrats continue to fight becomes a Member, officer, or employee of under chapter 83 or 84 of title 5, United for access to healthcare in our work to the House during the session. States Code, made on or after the effective deliver progress for the people because (2) SPECIAL RULE FOR FIRST SESSION OF ONE date of the regulations promulgated under HUNDRED SIXTEENTH CONGRESS.—In the case it is essential to daily life. You cannot subsection (b). of the first session of the One Hundred Six- work, you cannot care for your chil- teenth Congress, an individual described in The bill was ordered to be read a dren, you cannot do anything without subparagraph (A) of paragraph (1) shall com- third time, was read the third time, your health.

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.142 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3912 CONGRESSIONAL RECORD — HOUSE May 16, 2019 I was recently blessed to come and women who put their lives on the We will never forget their service to through a health challenge myself, and line for ours. our State and our country. I believe more strongly than ever that, It is a moment to recognize the fami- Madam Speaker, I join my colleagues whether it is cancer therapy or pre- lies who live with this immeasurable this week in thanking the men and scription medication, access to the best sacrifice, and it is a moment to reaf- women who serve our communities, treatment cannot be reserved for only firm our commitment to working with protect our families, and allow us to the wealthy. local and State leaders to support continue to be a free society. Last week, I secured funding in the these families. Appropriations Committee to study the We owe it to the memory of fallen of- f impact of prior authorization policies ficers and to the majority of men and IN RECOGNITION OF FIRST on patient health. People are dying be- women in uniform who carry out their LIEUTENANT HOPE KIRKENDALL cause insurance companies want to see responsibilities with skill and profes- lower cost treatments, see them fail sionalism every day to make sure that (Mr. SPANO asked and was given per- before they will cover more expensive officers are safe. mission to address the House for 1 ones, even if your healthcare provider We all need to do our part to ensure minute and to revise and extend his re- specifically recommends it. that the communities they serve are marks.) Whether you have cancer like I did or safe as well. Mr. SPANO. Madam Speaker, I rise you are dealing with a chronic illness, In this same spirit of progress, let’s today to honor First Lieutenant Hope you shouldn’t have to endure extra commit to working to shape a more se- Kirkendall, a distinguished veteran pain or wonder if you can survive long cure future for officers and for the from Lakeland, Florida, who served in enough to get to the treatment that communities they serve. World War II. will work for you. f Lieutenant Kirkendall heard the call I will continue to fight for access to to serve after seeing the bombing of high-quality healthcare for all Ameri- EXTEND THE SEPTEMBER 11TH Pearl Harbor when she was only 18 cans. VICTIM COMPENSATION FUND years old. f (Mr. ZELDIN asked and was given She joined the Army as a nurse, permission to address the House for 1 where she was one of the first women b 1945 minute.) deployed to Normandy after D–Day. IN RECOGNITION OF ALEX KUNDA Mr. ZELDIN. Madam Speaker, during During her deployment, she routinely (Mr. CARTER of Georgia asked and this National Police Week, I encourage worked 12- to 16-hour days near the was given permission to address the all my colleagues to cosponsor Never front lines of many major battles, in- House for 1 minute and to revise and Forget the Heroes Act, H.R. 1327, intro- cluding the Battle of the Bulge. extend his remarks.) duced by Congress Members MALONEY, She treated both wounded American Mr. CARTER of Georgia. Madam KING, and NADLER, which would fully and German soldiers. In 2004, she re- Speaker, I rise today to recognize Mr. fund and extend the Victim Compensa- ceived the French Legion of Honor Alex Kunda for becoming the first stu- tion Fund authorization through 2090. award for her service in saving France dent in the history of the Glynn Coun- There are currently 279 cosponsors, from German occupiers. ty School System to have perfect at- but we need more, and we need action Lieutenant Kirkendall provided hope tendance from kindergarten through on this important legislation. to many on the battlefield, and her leg- 12th grade. This should not be a partisan issue. It acy continues to provide hope to us at When Mr. Kunda was 4 years old, his is not a partisan issue. This needs to be home. sister, Miranda, passed away from a an American issue. Lieutenant Kirkendall represents our rare illness. At that time, his sister September 11th first responders came very best, and I thank her for all that had maintained perfect attendance from at least 433 out of 435 congres- she has done to defend and serve our through her time in elementary school sional districts. We lost thousands of great Nation. and during her medical treatment. Americans on 9/11. We have lost more f Receiving an award onstage on her Americans since 9/11 due to toxic expo- sure than we did on 9/11 itself. behalf before her passing, Mr. Kunda ADDRESS SKYROCKETING COST OF Any colleagues out there who haven’t pledged to his sister that he would con- COLLEGE tinue her streak for as long as possible. cosponsored yet, I encourage you to Madam Speaker, 13 years later, he look at H.R. 1327. (Mr. VAN DREW asked and was given has done it. He hasn’t been tardy. He Chairman NADLER has scheduled it permission to address the House for 1 hasn’t been absent. He hasn’t checked for a hearing on July 11. Please do minute and to revise and extend his re- out one single time during his entire what you can to get this passed and marks.) primary and secondary education. signed into law. Mr. VAN DREW. Madam Speaker, He and his family plan trips and ap- f right now, we are in the season where pointments all around his ability to go folks are deciding where to go to col- HONORING LAW ENFORCEMENT lege. A big factor in that decision is to school, while fighting the urge to oc- OFFICERS casionally skip or use a sick day. their financial aid package. Keeping a promise as difficult as this (Mr. O’HALLERAN asked and was The skyrocketing cost of college is one should be an inspiration to us all. given permission to address the House saddling many with outrageous student Congratulations, Mr. Kunda. Good for 1 minute.) loan debt. The crippling debt of student luck at the College of Coastal Georgia. Mr. O’HALLERAN. Madam Speaker, loans is reaching $1.56 trillion among 45 f I rise today during National Police million borrowers. It is causing people Week to honor law enforcement offi- to delay homeownership, raising a fam- RECOGNIZING NATIONAL POLICE cers across Arizona and the Nation. ily, and moving comfortably into the WEEK As a former investigator and officer, middle class. (Ms. WILD asked and was given per- I know what the brave men and women I have introduced the Understanding mission to address the House for 1 and their families go through every the True Cost of College Act. It is to minute and to revise and extend her re- day to protect their communities. help students and families make in- marks.) This week brings back the memories formed decisions about financing their Ms. WILD. Madam Speaker, this of the friends and partners I have education and their future by requiring week, my community and communities served alongside during my time on the the standardization of communications across our Nation are paying tribute to force. We remember the officers who and the definitions of financial aid law enforcement officers who made the have been killed in the line of duty, terms. ultimate sacrifices in our defense. many of them friends of mine, includ- It is in the best interest of our coun- National Police Week is a moment to ing DPS Officer Tyler Edenhofer and try to start addressing this issue in a reflect on those sacrifices and the men Jesus Cordova. bipartisan way.

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.145 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3913 TACKLE ISSUES AFFECTING tus, ‘‘Where is Puerto Rico Headed?’’— Members on the part of the House to BLACK MEN AND BOYS ‘‘Hacia Donde Va Puerto Rico?’’ the Mexico-United States Inter- (Mr. PAYNE asked and was given His career has been marked by a parliamentary Group: permission to address the House for 1 style of public service that encourages Mr. CORREA, California minute and to revise and extend his re- people from widely different views and Mr. GONZALEZ, Texas marks.) philosophies to work together in the Ms. JACKSON LEE, Texas Mr. PAYNE. Madam Speaker, from name of common good and progress. Ms. ESCOBAR, Texas their health outcomes to their unem- Ferre embarked on that journey Ms. LOFGREN, California ployment income, from their education early on as a Florida House member, Mr. CARBAJAL, California rate to their incarceration rate, Black then a commissioner, later the mayor f men and boys are disproportionately of the city of Miami, and as vice chair- man of the Dade County Board of Com- APPOINTMENT OF MEMBERS TO impacted by government policies. HOUSE DEMOCRACY PARTNERSHIP It is not that Black men and boys are missioners. falling behind. It is that they have Ferre has served on numerous boards, The SPEAKER pro tempore. The never been ahead. as well as on President Ford’s commis- Chair announces the Speaker’s ap- For centuries, government policies sion on immigration and President pointment, pursuant to section 104(a) have redlined Black men and boys into Carter’s ambassadorial nominating of House Resolution 6, 116th Congress, a lower social status than their White commission. and the order of the House of January counterparts. This is an institutional Ferre credits his wife of 64 years, 3, 2019, of the following Members to the problem. Mercedes Malaussena Ferre, as his House Democracy Partnership: Yesterday, I joined with many of my north star, and his loving family, in- Ms. MOORE, Wisconsin colleagues at the House Triangle to cluding 6 children and 13 grand- Ms. TITUS, Nebraska stand in support of Congresswoman children, as his anchor. Mr. CONNOLLY, Virginia Mr. TED LIEU, California FREDERICA WILSON’s bill to create the f Mrs. TORRES, California Commission on the Social Status of BREAK THE CORPORATE STRAN- Ms. KELLY, Illinois Black Men and Boys. GLEHOLD ON OUR HEALTH AND Ms. SEWELL, Alabama We were joined by young men who WELL-BEING want nothing more than to live the Ms. DEGETTE, Colorado (Ms. TLAIB asked and was given per- American Dream free of discrimina- Ms. PLASKETT, Virgin Islands mission to address the House for 1 tion. This country owes them that. Ms. LEE, California minute and to revise and extend her re- H.R. 1636 will bring together experts f marks.) to tackle the wide range of issues that Ms. TLAIB. Madam Speaker, we b 2000 have kept Black men and boys behind must have a moral awakening, a spir- for hundreds of years. It will mark the COMMEMORATING NATIONAL itual revolution on how we treat a per- POLICE WEEK beginning of the end of racial dispari- son’s health in this country. ties that have kept communities across We must understand that every sin- The SPEAKER pro tempore. Under the country down. gle human has a right to be healthy the Speaker’s announced policy of Jan- Madam Speaker, I am proud to sup- and comfortable, to live with dignity, uary 3, 2019, the gentleman from Flor- port it. and to receive the healthcare they need ida (Mr. RUTHERFORD) is recognized for f to flourish. half the remaining time until 10 p.m. At present, this understanding is in as the designee of the minority leader. IN RECOGNITION OF MAURICE A. conflict with a sinister, unjust force in GENERAL LEAVE FERRE our society: corporate greed. Mr. RUTHERFORD. Madam Speaker, (Mr. SOTO asked and was given per- Why are people forced to skip insulin I ask unanimous consent that all Mem- mission to address the House for 1 injections so they can pay their rent? bers have 5 legislative days to revise minute and to revise and extend his re- Why are my residents charged $70 for and extend their remarks and include marks.) a PrEP, a pill that could dramatically extraneous material on the topic of Mr. SOTO. Madam Speaker, I rise reduce HIV transmission, when the this Special Order. today to talk about the life of a hero of same pill costs $7 abroad? The SPEAKER pro tempore. Is there mine, Maurice A. Ferre. He is a Puerto Corporate greed has replaced the objection to the request of the gen- Rican-born public servant who is a moral imperative that everyone live in tleman from Florida? former six-term mayor of the city of health and dignity. There is more There was no objection. Miami and the first Hispanic mayor of wealth in this country than any other Mr. RUTHERFORD. Madam Speaker, any major American city, serving from in human history, and millions go this week, thousands of law enforce- 1973 to 1985. without health insurance and prescrip- ment officers, their families, and their He has served as the chair of the tion drugs, people condemned to live supporters from around the country Miami-Dade County Expressway Au- with pain and suffering because we gathered in Washington, D.C., to com- thority and served for 8 years on the have chosen corporate profits over our memorate National Police Week. Florida Transportation Commission. dignity as a nation. We are here tonight to thank those As mayor, Ferre provided leadership We are watching a crisis unfold in who put on the uniform every day to and vision when Miami took its place real time. It is time we break the cor- protect our communities and put their as one of the world’s most vibrant cit- porate stranglehold on our health and lives in the breach between the crimi- ies, eclectic and diverse and inter- well-being, lost profits of the insanely nal element and the public they pro- national in nature. wealthy be damned. tect. Throughout his years in office, he fo- We have much more important We are also here to recognize those cused on economic development, job things to protect. We have the soul of who have completed their service and creation, and a visionary approach to this country to rescue. now enjoy a well-deserved thank-you improving south Florida’s transpor- f for their selfless service to their com- tation and public infrastructure, as munities. well as transforming the area into a APPOINTMENT OF MEMBERS TO But, most importantly, we are here center of inter-American trade, bank- MEXICO-UNITED STATES INTER- to honor the fallen. ing, and commerce. PARLIAMENTARY GROUP Last year, 158 police officers gave He remains active in business, com- The SPEAKER pro tempore (Mrs. their last measure of devotion to their mentary on current events, teaching, CRAIG). The Chair announces the communities. Among these heroes, you and public service. Speaker’s appointment, pursuant to 22 will find every gender, every creed, In 2006, he explored issues concerning U.S.C. 276h and the order of the House every race, every religion. They hail Puerto Rico in a book on political sta- of January 3, 2019, of the following from every corner of America.

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.147 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3914 CONGRESSIONAL RECORD — HOUSE May 16, 2019 One of those 158 officers was not only and women serving just like him. Pro- good friend, who is from Wisconsin’s from my district, but served at the tecting and supporting our law enforce- First District. Jacksonville Sheriff’s Office with me, ment should not be partisan. The Mr. STEIL. Madam Speaker, I appre- where I spent a 41-year career. speakers joining us today demonstrate ciate Mr. RUTHERFORD putting together Officer Lance Whitaker began his ca- that we can have meaningful, legisla- tonight’s Special Order. reer with the Atlantic Beach Police De- tive reform that works across the aisle. Madam Speaker, I rise to recognize partment and then served 17 dedicated I want to briefly touch on several Racine County Sheriff Deputy Eric years at Jacksonville Sheriff’s Office. pieces of legislation that I believe will Schneider for his heroic actions on He was tragically killed while respond- protect and support our police officers, March 18. ing to a call in the early morning hours including H.R. 838, the Threat Assess- While on duty, Deputy Schneider of May 15, 2018, almost 1 year ago ment, Prevention, and Safety Act, or rushed to the scene of a house fire. He today. TAPS, which institutes a process that knocked on all of the doors and win- He left behind his son, Cade; his will identify, investigate, assess, and dows, yelling to see if anyone was in- mother, Lannie; and his sister, Angela. mitigate threats before they happen. side. He also left behind a memory and a leg- Fighting for law enforcement also A man came out of the house, but acy that will live on in the hearts and means supporting legislation like H.R. without regard for his own safety, Dep- minds of those who knew him. 2070, the POWER Act, to develop new uty Schneider entered the burning Many of us are here today to honor grants for chemical screening; H.R. house to check if there were more peo- friends, family, and loved ones like Of- 1236, the Extreme Risk Protection ple inside. Risking his life, he found a ficer Whitaker, who gave his last full Order Act, to empower police to keep man who was unconscious. Deputy measure of devotion to a community guns out of the wrong hands; and H.R. Schneider dragged him out of the house he loved and a community that loved 2379, the Bulletproof Vest Partnership, and saved his life. him back. to increase the number of lifesaving Deputy Schneider is a hero. We are I now ask that we observe a moment bulletproof vests accessible to our law fortunate to have brave men and of silence for Officer Whitaker and all enforcement. Through these bills and women like Deputy Schneider pro- of the 158 brave law enforcement offi- others in development, we can keep our tecting us. cers who lost their lives protecting our communities and officers safe. Madam Speaker, I thank Deputy community. Most importantly, I am standing Schneider. I commend him for his ac- Tonight, Madam Speaker, in a very here today to honor the life of Officer tions. bipartisan fashion, we will hear from Johnathan Tanner. He is a true public Madam Speaker, when law enforce- Members on both sides of the aisle and servant from the Antelope Valley in ment officers put on their uniforms and from all across the country as we join my district, who passed away, trag- badges, they do not know if they will together to show our unity in sup- ically, at the age of 28 years old after return home after their shift. Their job porting our police officers. battling cancer. He will be remembered is dangerous. Too often, they sacrifice Madam Speaker, I am proud to yield for his steadfast devotion to his com- their lives to strangers. to the gentlewoman from California munity, his church, and his family. Over the past year, Wisconsin has Officer Tanner proudly served the (Ms. HILL), my friend who is from a law lost three police officers in the line of California Highway Patrol with a dedi- enforcement family and brings a strong duty. Those heroes died while pro- cation to the safety of the Antelope pro-police voice to Congress. tecting us from harm. Valley. In just his first year out of Ms. HILL of California. Madam We will never forget them. We will training, he received the Mothers Speaker, I want to thank my colleague not forget their service. We will not Against Drunk Driving Award for Ex- from Florida for joining forces with me forget their bravery. cellence in removing impaired drivers this evening to host this bipartisan We remember: from the road, and he was known for Special Order hour in honor of Na- Officer Charles Irvine, end of watch, his efforts to build public trust in law tional Police Week. June 7, 2018; enforcement. As you are about to see, supporting Officer Michael Michalski, end of Out of uniform, Officer Tanner served watch, July 25, 2018; and our law enforcement is an issue that his community by volunteering his Officer Matthew Rittner, end of unifies us across geography and polit- time at Lancaster Baptist Church, watch, February 6, 2019. ical party, bringing together diverse where he was a lifelong member. He Mr. RUTHERFORD. Madam Speaker, perspectives and deep gratitude. I am taught youth ministry classes, coached I thank the gentleman and the great so proud to rise in support of our law sports teams, and led a bus route that State of Wisconsin for their support of enforcement and the professional peace gives children rides to church. officers who work tirelessly every sin- Officer Tanner leaves behind his wife, law enforcement. gle day for the safety and security of Jessie, their two young sons, and a Madam Speaker, I yield to the gen- our communities. baby girl who is expected to arrive tlewoman from New Mexico (Ms. I represent California’s 25th Congres- later this month. He is also survived by TORRES SMALL), a colleague from New sional District, which is home to many his parents, two older brothers, and a Mexico’s Second District. She serves on of the police officers who serve all of younger sister. the Armed Services Committee and the Los Angeles County. My community is I am proud to have represented Offi- Homeland Security Committee, and, rooted in service. It is a value that I cer Tanner, and I know that his loved actually, after law school, worked for a grew up with, and one of the reasons ones and the community will carry on U.S. district judge in New Mexico, so that I chose to serve my community by the legacy of his light in the world. she has got that law enforcement back- running for office. Today, in honor of Police Week and ground, also. My dad is an Air Force veteran and in honor of all of the members of our Ms. TORRES SMALL of New Mexico. has spent three decades in law enforce- law enforcement community, I am Madam Speaker, it is an honor to join ment. In fact, he was here with us this proud to stand in support of the men my colleagues on both sides of the aisle week as part of a large group from our and women who put their lives on the as Americans to address this issue and district who flew out for Police Week. line every single day like Officer Tan- to recognize National Police Week, to As a little girl, I remember what it ner and like my dad. support the brave men and women who was like to wonder if my dad would Thank you for all you do. protect and serve our communities make it home at night. I remember Mr. RUTHERFORD. Madam Speaker, every day, and to honor those who paid being so scared for his life because he I thank Congresswoman HILL, and I the ultimate sacrifice in the line of was on the front lines protecting mine look forward to working with her on duty. and all of the other members of our some of the bills she just highlighted. I The work you do is extraordinary, community. I was proud of him then, know that her law enforcement family and it makes me proud to be the grand- and I am proud of him now. is proud, so I thank her. daughter of a former Las Cruces police But unlike then, I now have the op- Madam Speaker, I yield to the gen- sergeant, Angel Torres. He didn’t talk portunity to fight for him and the men tleman from Wisconsin (Mr. STEIL), my much about his work on the beat, but

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.150 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3915 throughout my life, I have been a Second Amendment or gun rights membership, when combined, is rep- stopped by people who have told me the issue. The same is true about improve- resentative of well over half of all law difference he made in their life because ments in H.R. 1156, the LEOSA Reform enforcement in our country. he showed he cared by holding people Act, which I am sponsoring. On National Police Week, I urge my accountable. He was the true embodi- The LEOSA Reform Act seeks to cor- colleagues on both sides of the aisle to ment of what it means to be a selfless rect a number of unintended gaps and join me in providing greater public public servant, just like so many in weaknesses in the original LEOSA bill. safety for law enforcement and our New Mexico and across the country. These gaps and weaknesses are not due communities at home by cosponsoring It means something, something I will to intentional restrictions in the origi- the LEOSA Reform Act. Officer safety never fully understand, to know that nal statute. Rather, they are areas in and public safety is a bipartisan issue, every day you risk your life because of which the original statute is silent, re- and together we must and can do bet- what you do. sulting in conflicting interpretations ter. It means something, something I will and unintended restrictions which ef- Madam Speaker, I will close with never understand, to know that every fectively limit the ability of off-duty this: If I am in a situation where I am day and every time you enforce the and retired officers to carry their fire- being victimized, who do I want near law, you could lose your life because arms, and we want them to do it in a me? you signed up to serve. manner that is safest for them and the I would love to have a retired or off- As you risk your life to treat people public. duty policeman who is armed, and this with humanity, dignity, and respect, This lack of specific language defeats bill makes that more likely. Mr. RUTHERFORD. Madam Speaker, that is superhuman. That is why, dur- the original intent of the law, which is I am a proud cosponsor of the gentle- ing National Police Week and every to allow off-duty and retired officers to man’s LEOSA bill, and having been a day, we support our law enforcement carry their firearms wherever they go. law enforcement officer, I understand officers and work to ensure they have Granted, they have to be qualified and exactly what the gentleman is trying the resources they need to protect and have to have received appropriate cre- to accomplish. I support him 110 per- serve our communities. dentials. That is a given. cent in that effort, and I appreciate the Mr. RUTHERFORD. Madam Speaker, It also created an inconsistent imple- mentation across States, leaving many words. I thank the gentlewoman for the kind Madam Speaker, I yield to the gen- officers to either assume intended risk words of support for our law enforce- tlewoman from Virginia (Ms. ment community, and I thank her for when carrying in accord with LEOSA SPANBERGER), who serves on the For- her service earlier, as well. or decide not to carry at all. The LEOSA Reform Act adds specific eign Affairs and Agriculture Commit- Madam Speaker, I yield to the gen- tees. She is also—I think we can say tleman from Nebraska (Mr. BACON), my language to address these unintended weaknesses, and in doing so will make this—a former CIA case officer. good friend from Nebraska’s Second Is it safe to say that now? District. He serves on our Agriculture existing law stronger and more work- Ms. SPANBERGER. Madam Speaker, Committee and Armed Services Com- able for those who seek its benefit I got my deployment declassified. It is. mittee. He is a retired brigadier gen- while maintaining the rigorous stand- Mr. RUTHERFORD. Madam Speaker, eral and did his deployment in Iraq, ards that currently apply. the gentlewoman’s father was a career and we thank him for that service. The bill does not put more guns into law enforcement officer also. Mr. BACON. Madam Speaker, I thank our communities. Individuals affected Ms. SPANBERGER. Madam Speaker, Mr. RUTHERFORD, a great friend and by this legislation already have the au- I thank the gentleman so much for the colleague, for yielding. thority to carry concealed weapons in opportunity to stand here in solidarity Madam Speaker, I rise to recognize a most locations. Rather, H.R. 1156 will with our colleagues across the aisle in bipartisan issue that threatens the help ensure guns that are already in honor of Police Week and in honor of safety of our law enforcement officers the hands of trained and certified law our police officers and peace officers and our communities in which they enforcement officers and retired offi- across this country. serve, and we have a solution for it. cers can safely and legally be carried I rise today to remember the remark- Enacted in 2004, the Law Enforce- wherever they may be. able lives of two Virginia State police ment Officers Safety Act, known as In fact, the LEOSA Reform Act will officers, one from our district in LEOSA, established clear guidelines al- help ensure firearms do not end up in Midlothian and one from nearby New lowing experienced retired or off-duty the hands of criminals by allowing law Kent County. They were both killed in officers who maintain proper training enforcement officers and retired offi- the line of duty. to obtain certification allowing him or cers to keep their firearms safely on On August 12, 2017, Lieutenant H. Jay her to carry concealed firearms. The their person, rather than being forced Cullen and Trooper-Pilot Berke M.M. desired purpose was to create a shared to leave them unattended in vehicles in Bates were not responding to an ordi- national policy between States allow- parking lots of locations that are cur- nary call. Instead, they were flying via ing off-duty and retired officers to rently restricted from carrying. helicopter to an event that became in- carry their firearms wherever they are, The public’s need for rapid interven- famous as one of the darkest days in granted they are qualified and received tion by off-duty and retired officers is modern Virginia history. appropriate credentials. made clear by the recent incident in Cullen and Bates were en route to As many of my colleagues know, California, where the heroic actions of Charlottesville to monitor the events LEOSA has enjoyed a long history of an off-duty Federal officer who ran and transpiring around the Unite the Right support from both sides of the aisle. shot at the synagogue gunman saved white nationalist rally. Forces of hate When it was first proposed by a Repub- countless lives. It is an example that had gathered, and law enforcement was lican, LEOSA was cosponsored by more we see repeatedly. With the rise of called in to help end the chaos. than half of the House. tragic shootings in our Nation, empow- After police had canceled the event Subsequent amendments signed into ering trained professionals to carry as an unlawful assembly, Cullen and law in 2010 and 2013 under Democratic will allow them to respond more quick- Bates were instructed to assist their President Barack Obama expanded ly to emergencies and provide years of fellow officers. They were to circle over LEOSA’s coverage to include law en- expertise to these situations. Charlottesville, and their mission was forcement officers in most Federal I have heard from law enforcement to provide surveillance of the violence, agencies as well as military police. In officials throughout Nebraska’s Second restore order, and help the community both instances, reforms were sponsored District and the Nation on the impor- end the nightmare that had transpired. by Democratic Senators. tance these changes will have on the However, mid-flight, their helicopter lives of our community’s heroes and crashed on the outskirts of Charlottes- b 2015 their ability to protect themselves and ville, and both Cullen and Bates were LEOSA has always been a bipartisan others. In fact, the LEOSA Reform Act killed in action. priority because it is a law enforce- has been endorsed by 20 professional In the wake of the tragedy and the ment and public safety issue. It is not law enforcement organizations whose stress of the Charlottesville protests,

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.151 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3916 CONGRESSIONAL RECORD — HOUSE May 16, 2019 Executive Director Wayne Huggins of mitted to our friends, our families, and grateful to all law enforcement offi- the Virginia State Police Association our communities. I am happy to stand cers, Federal, State, and local, for what said: ‘‘I don’t know if State police, in here today with so many of my col- they do day in and day out, especially its 85 years, has had a more excru- leagues to show our support for the those in New Jersey’s Fifth District, ciating time.’’ men and women in the blue and brown. my district, and across our State. The pain of the families of Lieuten- I look forward to working with them in That is why, in Congress, I am com- ant Cullen and Trooper-Pilot Bates is the 116th Congress to advance legisla- mitted to fighting for all our sworn of- unimaginable, and the loss experienced tion that will support them, both when ficers and first responders by making by the Virginia State Police and their they are in and out of uniform. sure that our municipalities and police fellow brothers and sisters in the law The men and women in law enforce- departments have the resources, equip- enforcement community is still felt to ment deserve our respect, our admira- ment, and training they need to do this day. tion, and our prayers and love every their jobs safely and effectively. That This is National Police Week. We re- single day, 365 days a year, 24 hours includes critical programs like the member the brave and dedicated serv- every day. COPS and JAG grants, the Bulletproof ice of Lieutenant Cullen and Trooper- I stand before you, Madam Speaker, Vest Partnership program, and the Pilot Bates. They died in an effort to having done a total of 23 years in law Law Enforcement Support Office ex- protect their fellow Virginians, and enforcement. I can tell you that the cess equipment program. their sacrifice will always be remem- men and women whom I served along- We should also support the Thin Blue bered. side with, I would go into any dan- Line Act, which was referenced, be- As a former Federal agent, the gerous situation with them. We love cause our officers rely on us to get daughter of a career law enforcement our law enforcement officers, and we their backs and to make sure we give officer, and, most respectfully, as a love their families. them the resources they need to pro- grateful American and Virginian, I This Congress stands ready to defend tect our families from violent crimes, thank the law enforcement officers and them and their needs, their requests, drug trafficking, domestic violence, peace officers who dedicate their lives and any help they need from this Con- homegrown terrorism, and countless to keeping us safe. This week and every gress. other threats. week we stand with our law enforce- Mr. RUTHERFORD. Madam Speaker, I especially want to recognize all the ment officers, and we will never forget I am grateful for the gentleman’s 23 men and women who took part in the those who laid down their lives for years of service. I know what commit- annual Police Unity Tour, riding some their neighbors. ment that is, and God bless him for 300 miles to Washington in honor of our Mr. RUTHERFORD. Madam Speaker, that. fallen officers, and all of New Jersey’s I want to thank my colleague from Vir- Madam Speaker, I yield to the gen- finest who are here in Washington this ginia and just know that our condo- tleman from New Jersey (Mr. week, including friends from the New Jersey PBA, the New Jersey State lences go to those two officers’ fami- GOTTHEIMER), who is my good friend. Troopers, the Port Authority PBA, and lies, those heroes that you lost this JOSH GOTTHEIMER is from New Jer- many, many others. last year. God bless. sey’s Fifth District who serves on the Just yesterday I was glad to spend Madam Speaker, I would like to in- Financial Services Committee and some time with my friends, the Port troduce the Member from the great worked in both the public sector as a Authority Police and members of the State of Minnesota’s Eighth District, White House speechwriter and in the Fair Lawn Police Department Honor PETE STAUBER. He serves on the Trans- private industry for Ford and Micro- Guard who came to remember those portation and Infrastructure and Small soft. I thank the gentleman for being whose names are forever inscribed at here this evening. Business Committees and was a police the National Law Enforcement Officers Mr. GOTTHEIMER. Madam Speaker, officer in Duluth, Minnesota, for 23 Memorial here on the Mall. Others I want to thank Congressman RUTHER- years. I thank the gentleman for his from the State PBA and PBA police of- FORD, my good friend, and Congress- service. ficers were here this week as well. To- woman HILL of California for co- Mr. Speaker, I yield to the gentleman gether we are all fighting to fully fund hosting this bipartisan Special Order from Minnesota (Mr. STAUBER). and reauthorize the 9/11 Victim Com- Mr. STAUBER. Madam Speaker, I hour in honor of our law enforcement pensation Fund in memory of the 37 thank Congressman RUTHERFORD for officers. I am proud to serve with you Port Authority police officers and yielding to me to speak today. both as a member of the Congressional countless others whom we lost that day This week is Police Week, a time to Law Enforcement Caucus, co-chaired and for all the injured and ill 9/11 re- honor our brothers and sisters in the by our friend, Congressman BILL PAS- sponders and survivors whom we must blue and brown. Every day law enforce- CRELL. do right by today. ment officers—local, county, State, Madam Speaker, we are here today to Madam Speaker, I thank, again, my and Federal—walk out of their homes commemorate Police Week and to colleagues across the aisle who have leaving their loved ones behind and put honor all the brave law enforcement of- the backs of our first responders. But their own lives on the line for the safe- ficers in New Jersey and across the most of all, I am grateful for every law ty and security of others. They are our country who put their lives on the line enforcement officer for their solemn last line of defense, the protectors of every day to protect our communities. commitment to protect and serve. We our communities, and I am so honored They get our backs, and we should al- live in the greatest country in the to have served alongside some of these ways get theirs. There is nothing par- world. With our brave law enforcement brave men and women. tisan about that. protecting our communities, we are en- As a local law enforcement officer In 1962 President John F. Kennedy suring always that our best days are with the Duluth, Minnesota, Police De- declared May 15 to be Police Officers ahead of us. partment for 22 years, I have seen and Memorial Day and this week to be Po- God bless our law enforcement offi- experienced firsthand the violence lice Week. Established by a joint reso- cers and first responders, and may God committed against law enforcement of- lution of Congress in 1962, National Po- bless the United States of America. ficers, those who are only there to up- lice Week pays special recognition to Mr. RUTHERFORD. Madam Speaker, hold the law and improve the safety of those law enforcement officers who I want to thank the gentleman from our communities. That is why I have have lost their lives in the line of duty New Jersey for having the backs of po- cosponsored legislation like the Thin for the safety and protection of others. lice officers who have our back, and I Blue Line Act and the Protect and Already this year, 43 police officers thank the gentleman very much for Serve Act, which hold the perpetrators have died in the line of duty across the being here tonight to show that sup- of these heinous crimes accountable. United States. We will never forget port for law enforcement that is so im- So, now, more than ever, we must their bravery, service, and sacrifice. portant across the country. show our support for our law enforce- May God bless them and their families. Madam Speaker, I yield to the gen- ment officers. We must make a com- Madam Speaker, police officers are tleman from Virginia (Mr. CLINE). Rep- mitment to them as they have com- America’s heroes, and I am so deeply resentative BEN CLINE serves on the

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.153 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3917 House Judiciary and Education and In this body, we stand within the peo- ENSURE FULL PROTECTION FOR Labor Committees. He is a lawyer and ple’s House. We serve within the pa- LGBTQ COMMUNITY THROUGH serves as an Assistant Commonwealth rameters of our ability. We wear a THE EQUALITY ACT Attorney and was also chief of staff small pin upon our lapel to designate The SPEAKER pro tempore. Under and—I didn’t know this—chief of staff our status as Congressmen and Con- the Speaker’s announced policy of Jan- for my good friend, Bob Goodlatte, who gresswomen. uary 3, 2019, the gentlewoman from is one of my heroes from Congress. In humble service and an honor, yes, Michigan (Ms. TLAIB) is recognized for Mr. CLINE. Madam Speaker, I thank it is. But forget not, America, the men 60 minutes as the designee of the ma- Congressman RUTHERFORD for yielding and women in your community, un- jority leader. and putting together this event this seen, unheard, far too frequently Ms. TLAIB. Madam Speaker, I rise evening. unappreciated and unrecognized, who today to uplift my LGBTQ neighbors at Madam Speaker, I rise today to patrol your streets, your neighbor- home in the 13th Congressional Dis- honor the men and women in law en- hoods, your counties, your States, and trict. I want them to know that I uplift forcement who serve our communities, the parishes in my State of Louisiana. them today, and always, as their un- States, and Nation with honor and For they serve unknowing if they wavering advocate in the United States bravery. These are our friends and shall return home. They do so will- Congress. neighbors who willingly face danger in ingly. They place great faith in their There are ideals and values we all order to protect their fellow man and Lord. The Word tells us that the Lord should attempt to live up to in this make our cities better places in which is my strength and my shield. country. I know many of us ran to be to live. in this Chamber to ensure that our Just this week in Lynchburg, Vir- In many ways, we should recall that laws match those values and ideals as ginia, I joined several hundred with the this small shield that we wear begins well. police chief, mayor, and members of with faith, that this Chamber began When I think of these issues we con- law enforcement from around the re- with faith, and that the shield that of- front as people and as a representative gion to honor the lives of two law en- ficers wear from sea to shining sea body, I always feel that we must use an forcement officers who made the ulti- maintains itself by faith. approach that is rooted in values that mate sacrifice in the last year. This week, we honor the Thin Blue uplift our whole communities. The val- b 2030 Line. You are known. You are loved. ues of equality, justice, and acceptance You are recognized. We honor you. come to mind when I think of the need Virginia State Trooper Lucas Dowell, to pass the Equality Act. who was shot while serving a search Madam Speaker, I thank the sheriff for allowing me to speak. Far too long, our LGBTQ neighbors warrant, was only 28. have been forced to live a life of fear, a Mr. RUTHERFORD. Madam Speaker, Winchester Police Department Offi- life in hiding, a life of oppression, and I thank my good friend from Louisiana cer Hunter Edwards, who died in a ve- a life of instability. for all his service those many years. hicle collision while responding to a We have come a long way in the fight in Winchester, was only 30. I would like to recognize, again, my LGBTQ rights community, but we have As this week draws to a close, I ask cohost for tonight, Representative a long way to go. The Equality Act is that all Americans remember the more KATIE HILL. Madam Speaker, I yield to a step in the right direction on this im- than 150 officers this year who died in the gentlewoman from California (Ms. portant path toward justice. the line of duty and consider the dan- HILL). I think of the right side of history, ger that all officers face each day in Ms. HILL of California. Madam when the right to marriage was af- order to keep Americans safe. Speaker, I wanted to finish out by forded to same-sex couples, the mo- Your lives are a shining example of thanking the 2,200 Capitol Police offi- ment when our LGBTQ neighbors in what is right in our world. By getting cers here who protect us and the 3 to 5 Michigan were able to create that spe- up each day and donning a uniform and million people who visit the U.S. Cap- cial bond with their loved ones. badge, you are making a difference in itol every single year. But I am also reminded of the stark our communities across this great Na- They do the job that often goes unno- reality that they faced being in States tion. Every single day, you have our ticed, but we are ensured our safety where they could still be fired from gratitude. and protection, and that of every single their jobs the day after their wedding Mr. RUTHERFORD. Madam Speaker, person who comes to visit us, because for being gay. I thank the gentleman from Virginia. of their hard work and service. I think of the trans community In particular, I want to offer, again, across the country that still faces dis- our condolences to those officers, those To every single law enforcement pro- crimination and violence, especially heroes from Virginia, who gave their fessional who dedicates their life every trans women of color who are dis- lives in service. single day, we are eternally grateful. I proportionately targeted and killed. Madam Speaker, I would like to rec- am so proud to be working with my Our laws still do not protect them. ognize Representative CLAY HIGGINS colleagues to continue to fight for rec- LGBTQ Americans remain vulnerable from the great State of Louisiana, ognizing our officers and to take this to discrimination on a daily basis and, their Third District. He was a National forward for many years to come. too often, have little recourse. Fifty Guard military police officer for many Mr. RUTHERFORD. Madam Speaker, percent of the national LGBTQ com- years, a SWAT operator. I am sure he it has been an honor to be here with munity live in States where, though will have some great words for us. the gentlewoman tonight to recognize they have the right to marry, they still Madam Speaker, I yield to the gen- our law enforcement community. have no explicit nondiscrimination tleman from Louisiana (Mr. HIGGINS). Madam Speaker, I will close with practices in other areas of their daily Mr. HIGGINS of Louisiana. Madam this. It is from Ralph Waldo Emerson. life. Speaker, I rise today to recognize He said: One’s identity could still mean deep American men and women who put on harm and even death for some commu- a badge every day, men and women of The purpose in life is not to be happy. It is nities in this country, and we must every color and creed, ethnicity, herit- to be useful, to be honorable, to be compas- sionate, to have it make some difference change this. age, and background, of varied ideology that you have lived and lived well. I think of our LGBTQ neighbors who and political affiliation. They are are denied public accommodation just American patriots, one and all. Madam Speaker, the 158 lives that we because of who they are and whom As a police officer, our job begins honor tonight, all the thousands of law they love. I think about how we are with an oath. That oath is not to a enforcement officers serving this mo- failing them by not living out our val- chief or a sheriff or a marshal. It is to ment, they live well. For that, we are ues rooted in justice. the constitutional principles that rep- grateful. This week, we have a chance to begin resent the badges that we wear, badges Madam Speaker, I yield back the bal- to change with the Equality Act. We like this. ance of my time. now have a pro-equality majority,

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.155 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3918 CONGRESSIONAL RECORD — HOUSE May 16, 2019 Madam Speaker, in this Chamber, and Together, we can affirm that our di- sis. Remember, all of these thoughts I am so glad we can change the fact versity is our strength and that our are opinions; just as the thoughts of that LGBTQ folks are being denied collective safety is nonnegotiable. persons who hold themselves out to be housing, services, and employment in Madam Speaker, I urge my col- constitutional scholars, they are opin- the majority of our States. leagues to vote in support of H.R. 5. ions. I am so glad to be part of ensuring Ms. TLAIB. Madam Speaker, I also There are some who say that you that everyone has full protection in would love to recognize the fact—it is don’t have a constitutional crisis in our civil rights laws, regardless of who pretty historic—that Madam Speaker the circumstance that we are dealing they are and whom they love. who is presiding over this Chamber with with the President, who has re- Madam Speaker, I yield to the gen- right now is a member of our beautiful fused to honor subpoenas by and tlewoman from the great State of Mas- community, of the LGBTQ community. through his various administrators. sachusetts (Ms. PRESSLEY), my col- That, to me, is pretty historic as we There are some who say that this league. now are debating and putting forward will not be a constitutional crisis until Ms. PRESSLEY. Madam Speaker, I the Equality Act. That is Congress- the case gets to the Supreme Court, rise today in support of H.R. 5, the woman ANGIE CRAIG. and the Supreme Court has to rule on Equality Act. Madam Speaker, I yield to the gen- whether or not the subpoena must be I rise on behalf of non-cisgender tleman from Texas (Mr. GREEN), my honored. And if the Supreme Court Americans, on behalf of QPOC Ameri- colleague. rules that the subpoena must be hon- Mr. GREEN of Texas. Madam Speak- cans, on behalf of drag kings and drag ored, and then the members of the ad- er, I thank the gentlewoman for yield- queens, on behalf of all non- ministration refuse to obey the Su- ing. heteronormative Americans. preme Court, there are persons who Before getting into my message, I I rise today to let you know that you conclude that this, now, is a constitu- would like to acknowledge that I am are seen and you are heard, and I am tional crisis. proud to stand in solidarity with you. an ally of the LGBTQ community. I do this and announce my support for H.R. I would conclude that if the Presi- It is our mandate as legislators to dent of the United States fails to honor protect all Americans, yet we are fail- 5 because of a debt I owe. I haven’t always had the privileges a subpoena, after having been so or- ing entire communities. In my home dered by the Judiciary, that this is State, the Commonwealth of Massa- that I enjoy now. Someone stood and suffered so that I could come in the more than a constitutional crisis; you chusetts, a leader in marriage equality, now have a constitutional collapse. we have the second largest LGBTQ pop- front door of, probably, this very facil- The crisis occurs when the President ulation of any State in the country. ity. Someone suffered so that I would is at odds, meaning the executive Even though our queer pride extends have the opportunity to go to some of branch, with the legislative branch; far and wide, 61 percent of transgender the schools that I attended. and currently, the legislative branch Bay Staters experienced housing dis- I believe that there is reciprocity in and the executive branch are at a stale- crimination in the greater Boston area, life and that you don’t get where you mate. and 65 percent of LGBTQ Bay Staters are and fail to appreciate those who The executive branch is declining to experienced discrimination in public have suffered so that you could have cooperate, declining to allow the legis- spaces, from public transportation to the opportunities that you enjoy. I support H.R. 5 for a multiplicity of lative branch to fulfill its constitu- retail establishments, places of wor- reasons, the least of which is not the tional responsibilities associated with ship, restaurants, and healthcare set- fact that I am repaying a debt. I am oversight and investigation. And, as tings. such, there is a crisis, and that crisis, As we consider H.R. 5, we must re- going to help make sure that others clearly, is rooted in the Constitution, mind ourselves of our values. My for- don’t endure the pain and suffering because the legislative branch has this ever President Barack Obama once that I endured and that my prede- responsibility pursuant to the Con- said: ‘‘When all Americans are treated cessors endured. No one should be pun- stitution. as equal, no matter who they are or ished or treated with disrespect be- whom they love, we are all more free.’’ cause of how you look or who you are. So this is a constitutional crisis, and It is true. When we defeat hate with b 2045 we have a duty to address it, and we must do so, or we will have failed on love, we all win. Every person’s dignity is given to During a time filled with fear, big- our watch to take up our responsibil- them from a higher authority, and we ities as Members of Congress. otry, and public turmoil, it is uncon- all should respect the dignity and hu- This is our watch, and we have a re- scionable that we are still debating the manity of every individual. So I sup- sponsibility to make sure that this liberties of people who ask only to be port H.R. 5, and I do so proudly because House takes its proper place in the an- received as their full selves. It is our of a debt I owe. fundamental right as Americans to live I thank my friends for bringing this nals of history, with reference to the happily, peacefully, and to my attention. It was not to be a part question of impeachment. unapologetically. It is our fundamental of my message this evening, but it is a Impeachment is something that we right to live free of harassment and part of my life, to make sure others are should not take lightly; but it is also discrimination. It is our right to pur- treated properly. something that we have to take seri- sue happiness. Madam Speaker, and still I rise to- ously, and we have to take it seriously I extend my deepest gratitude to night to address a crisis that our coun- because, if we fail to do so, we will Congressman CICILLINE, the author of try finds itself engulfed in, a crisis have allowed this august body to be- the Equality Act who has worked tire- that, if we are not very careful, will come minimized. lessly for years to affirm the rights and cause the Congress of the United You see, there are checks and bal- liberties of LGBTQ Americans. States to be seen as a ‘‘less than’’ when ances in the system. The check on the Thanks to the leadership, H.R. 5 it comes to the coequals that it is sup- executive branch is impeachment. That takes a comprehensive approach to posed to be on the same plane with. is the check. That is the sword of Dam- making the pursuit of life, love, and This crisis is a constitutional crisis. ocles that hangs above the head of the happiness a reality for all of us, regard- And while there are some who would executive. And if we fail to exercise less of sexual orientation or gender differ with me and say that this is not this duty when it properly should be, identity. The Equality Act ensures a constitutional crisis, remember this: we, then, do not provide the checks to that LGBTQ people are protected by a There is no hard and fast definition of make sure the balance of power re- nationwide standard for nondiscrimina- what a constitutional crisis is, so mains as it should be. tion. whenever I give my thoughts or some- I fear for what is happening to this It is time for us to live up to our val- one else gives their thoughts, we are Congress. I am gravely concerned be- ues. It is time for us to strike out giving opinions. cause I don’t see us aggressively pur- against injustices that devalue our hu- Tonight, I would like to share my suing the checks so as to make sure manity. opinion about this constitutional cri- the balance of power remains in place.

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.157 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3919 Checks and balances are in place to ruthless, lawless President that we are ance this country has experienced in make sure that there is no concentra- allowing to be above the law. the last decade. tion of power in any branch of govern- The SPEAKER pro tempore. Mem- Imagine growing up in a community ment. If we don’t become the last line bers are reminded to refrain from en- where you never have any LGBTQ role of defense with reference to the Presi- gaging in personalities toward the models; where students in your school dent, if we fail to do so, we then say President. were harassed for even being perceived that there are no guardrails; that there Ms. TLAIB. Madam Speaker, I yield as gay. are no rules that the President has to to the gentlewoman from New Mexico Imagine growing up in a neighbor- obey. He doesn’t become just another (Ms. HAALAND). hood where you never met someone president. He metamorphoses into a Ms. HAALAND. Madam Speaker, I who expressed themselves like you; monarch. rise today in support of the Equality where you were taught that your sex- The Framers never intended for us to Act. America must live up to its values ual orientation or gender identity was have a monarchy. The Framers in- by treating everyone as equals and end- wrong or immoral. tended for the President to be checked ing discrimination once and for all. Imagine what it would be like to by the Congress. The Equality Act is about making have waited years for your country to My hope is that we, in this Congress, sure all Americans, regardless of sexual recognize your loving relationship as will take up our responsibilities, and orientation or gender identity, can par- legal and equal under the law. Now, we will provide the checks necessary to ticipate in our society without fear. you are finally able to get married, and make sure that this President, and no New Mexico is home to diverse reli- if you choose to, start a family. other President, is above the law. gious and traditional communities and You have saved enough money for I hear many Members of Congress say has stood up for its LGBTQ population the downpayment on your first home. that the President is not above the for a very long time. The Equality Act You find that dream house in an area law. No one is above the law. And they allows us to adhere to our faiths, while with good schools, plenty of parks for go on to say, however, this President, prohibiting harmful and isolating acts your dogs, and friendly neighbors. notwithstanding his actions, we should of discrimination against the LGBTQ You and your spouse go together to not impeach. community. fill out a loan application at the local How can we say that he has com- No one should have to worry about bank and wait eagerly for it to be mitted impeachable acts, and then con- being discriminated against when granted. However, despite doing every- clude that he should not be impeached? interviewing for a job or struggling to thing right, you are outright denied for We, literally, are saying he is above the find a healthcare provider that will that loan without reason. You go to another bank, assuming law when we say that he has com- treat them. that this is a mistake, because both mitted impeachable acts, but then de- Tomorrow morning, when I vote for you and your spouse have great credit. cline to impeach. the Equality Act, I will be proud to Anyone else breaking the law will stand with my colleagues, with New You apply for a mortgage loan again. Maybe this time you are approved, have to answer to the bar of justice, ex- Mexicans, and with my daughter, who but the interest rate would amount to cept the President. We know that he is a proud LGBTQ American. The time tens of thousands more dollars than has done it. The Mueller report is re- for equality is now, and we must pass you had anticipated; tens of thousands plete with examples, yet we have not the Equality Act to live up to our val- more dollars than your credit risk exercised our constitutional respon- ues. Ms. TLAIB. Madam Speaker, I yield should have you pay. sibilities and, as a result, we, the Con- You found your dream home, but now to the gentlewoman from California gress of the United States of America, you can’t buy it because of an artifi- (Ms. PORTER). are allowing the President to be above cially, discriminatorily-inflated inter- Ms. PORTER. Madam Speaker, de- the law. est rate. This is unacceptable. I refuse to spite the enactment of marriage equal- allow this to continue. And I say, as I ity in 2015, same-gender couples con- b 2100 have said, that the President will have tinue to experience persistent and per- The Equality Act is vital. By amend- to come before the bar of justice, which vasive discrimination when it comes to ing existing civil rights laws to explic- is the House of Representatives. If we home ownership. itly include sexual orientation and gen- fail to do so, we will have literally al- A recent study by Iowa State Univer- der identity as protected characteris- lowed him to be above the law. Not in sity found systemic discrimination tics, no person may be lawfully dis- this country, and not on my watch. against LGBTQ borrowers. The study criminated against for their sexual ori- I take my oath seriously, and I as- found that, despite having a lower entation and gender identity in hous- sure you that this will not be the final credit risk overall, same-sex borrowers ing, education, employment, public ac- word; that the President is not im- are 73 percent more likely to be denied commodations, and so much more. peachable, because he is, and we will a mortgage loan. And when they are Not only would it protect LGBTQ have to have a vote on it. approved, they face mortgage interest families who want to buy a home or Tomorrow will be the second anniver- rates that are 0.02 to 0.2 percent higher, take out a loan, but it would allow in- sary of the date that we initially called on average, translating to tens of thou- dividuals who identify as gay or trans for the President’s impeachment. I be- sands of dollars in extra repayment. or queer to see people who look and lieve that we cannot have another an- Twenty-six States across the United love like them in their communities, niversary without another vote. States do not have statewide housing and it would allow their neighbors to There will be one. My hope is that it protections for the LGBTQ community, see that LGBTQ families are like them: will come through the appropriate and the Fair Housing Act does not pro- They care about their neighborhoods; committees of the House of Represent- tect lesbian, gay, bisexual and they care about their communities; atives. But, if not, it will come. And I transgender individuals. The Equality they love and want the best for their don’t know that there will be others Act would change this. children like anyone else; and they who will vote to impeach him, but I do This bill would not only improve the take the same pride in home owner- know that I will. lives of members of the LGBTQ com- ship. And there are times when you may munity, it would make neighborhoods Injustice anywhere is a threat to jus- have to stand alone; but I know that it across the country more diverse. And tice everywhere, and discrimination is better to stand alone than not stand making our neighborhoods more di- against the LGBTQ community is a at all. verse means more Americans get to deep injustice. Allowing that discrimi- Madam Speaker, I am grateful for know and understand their neighbors nation to continue in our country flies the time that I have had. I thank you who are gay, trans, or queer; and with in the face of the principles of equality all for allowing it to take place, and I that understanding and the friendships and opportunity that form the basis of assure you, I love my country, and I and the neighbor relationships, we our democracy. only speak these words because I see a hope to get tolerance. This is how we Madam Speaker, I am proud to sup- country in peril because of a reckless, magnify the wave of LGBTQ accept- port the Equality Act, and I urge my

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.159 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3920 CONGRESSIONAL RECORD — HOUSE May 16, 2019 colleagues on both sides of the aisle to We are all in this together, Madam prior to the Civil War were not citizens do the same. Speaker. And in order to protect all of after the Civil War. Ms. TLAIB. Madam Speaker, I yield our rights, we ought to remember the Obviously, that Amendment was not to the gentlewoman from Wisconsin oath that we take as we stand under designed to say somebody who was a (Ms. MOORE). this ‘‘e pluribus unum’’—‘‘out of many, tourist here, somebody who was here Ms. MOORE. Madam Speaker, I want one.’’ illegally or whatever, if they had a to thank the gentlewoman from De- Ms. TLAIB. Madam Speaker, the child, that that child would become a troit, Michigan, for yielding time to Congressional Progressive Caucus, who citizen. me. puts this Special Order together every It is time that President Trump do Madam Speaker, you heard it just a week, has truly been committed to the what he talked about doing in Novem- moment ago, those words from the rights of our LGBTQ neighbors, and I ber and October, and I applaud him Reverend Dr. Martin Luther King, Jr.: am very pleased that many of my col- when he will do it, and that he get rid ‘‘Injustice anywhere is injustice every- leagues tomorrow, in a very bipartisan of the birthright citizenship. I think he where.’’ That is why I am so proud to way, are going to be supporting a his- can do this as President by himself, support this historic legislation that toric, historic bill: the Equality Act. though it would be nice if Congress will be on this floor tomorrow, H.R. 5, Madam Speaker, I yield back the bal- would pass such a law. the Equality Act, that will truly pro- ance of my time. Right now in this country, we esti- vide equality for members of the mate that 7.5 percent of the births in LGBTQ community. f this country are births of people who Now, many people might argue, IMMIGRATION are here illegally. There are a variety Madam Speaker, that we have made The SPEAKER pro tempore. Under of problems with that. important strides against prejudice the Speaker’s announced policy of Jan- First of all, it encourages illegal im- over the last few years, and it has been uary 3, 2019, the Chair recognizes the migration, in part because, once some- amazing. We have had States pass leg- gentleman from Wisconsin (Mr. body is a citizen, under the family laws islation outlawing discrimination GROTHMAN) for 30 minutes. that we have right now in the United based on a person’s sexual orientation. Mr. GROTHMAN. Madam Speaker, States, the parents, perhaps the sib- Likewise, we have had Federal courts first of all, I would like to thank Presi- lings, will eventually become citizens that have ruled that discrimination dent Trump for earlier today, one more outside of the way we want to pick our based on someone’s sexual orientation time, bringing the issue of immigra- future citizens and make sure that or gender identity is illegal under ex- tion to the forefront. I think President they are appropriately vetted. Now, we know that there are, I call isting laws. Yet tens of millions of Trump’s speech was an interesting them devious one worlders on both Americans live in areas where these speech and provided a nice starting sides of the aisle who will fight this. laws have not been passed and Federal point for the immigration discussion courts have not made the same deter- The reason this has remained a prac- ahead. tice in the United States for several mination. I would like to highlight three issues H.R. 5 is the remedy for making sure decades is, unfortunately, perhaps even that I hope the President will consider that we don’t have this checkerboard Republican Presidents, for whatever as we move forth on some sort of com- of rights and checkerboard of discrimi- reason, did not want to have our immi- promise on this problem. nation among our LGBTQ community. gration laws be treated seriously. My district of Milwaukee, Wisconsin, The first issue that I really wish But I do call upon President Trump the Fourth Congressional District of President Trump would have addressed to stop this policy. I think it is impor- Wisconsin, is notable to mention here. today, but I am sure he will address in tant not only to discourage illegal im- LGBTQ youth, in particular, face sig- the future because he has dealt with it migration, but I do not think right now nificant obstacles and barriers because in the past, is birthright citizenship. that, when people come here on work If we are going to get control over of their LGBTQ identification. visas, it is the intent of Congress that who is in this country, we cannot allow We have 500 youth in my district who these people’s children will automati- the continuation of something which are homeless, and more than 40 percent cally become citizens. of them identify as LGBTQ, many per- was certainly not intended by the Con- I think we want to stop the excessive manently homeless because they have stitution, and that is something called policy of chain migration which fol- been abandoned by their families and birth tourism. I know somebody from lows, as then the parents who broke turned out onto the streets. California, and they see, on a regular the law when they came into this coun- To add to their distress, the overly basis, people coming to California to try would be able to turn around and represented LGBTQ youth in the foster have a child here. become citizens themselves, kind of a care system in Milwaukee and around Now, I know in the future we want to reward for breaking the law. the country face huge disparities in vet our future immigrants. We want to So I hope as this immigration law treatment and higher rates of harass- perhaps have a balance between dif- moves through the process and Presi- ment than their non-LGBTQ peers. ferent countries. We want to make sure dent Trump fine-tunes things, he does There are many foster care organiza- that the immigrants who are coming what we were all so happy to hear him tions that are turning away potential here learn English, the people who are say he would do last October, and that loving families and homes based on dis- coming here are going to be hard- is end birthright citizenship. criminatory practices even though working people and not become a pub- The next thing I think we want to LGBTQ couples are seven times—did lic charge. look at is the idea of public benefits for you hear me, Madam Speaker?—seven Under current law, the United States illegal immigrants. First of all, under times as likely to adopt and are more interprets, wrongly, the 14th Amend- current law, you are not hypo- likely to adopt minority children or ment of the Constitution as requiring thetically supposed to get public bene- disabled children as compared to het- that, if someone is born here, they will fits if you are here illegally. erosexual couples. become a citizen here. That, of course, I would like to thank Housing and Here is what we know. Every child was not the intent of the Amendment, Urban Development Secretary Carson wants a loving home. Trans people, and President Trump, I know, knows it for stepping to the plate and making like all people, just want to be treated was not the intent of the Amendment. sure that people who broke the law to like people. The 14th Amendment of the United come here do not take advantage of our For these reasons, and so many oth- States Constitution was solely put in generous low-income housing benefits. ers, I fully support H.R. 5, and I look for the purpose of making sure that However, we should go beyond that. forward to voting for it tomorrow. slaves who were born in the country We should pass a bill saying, outright, I applaud our leadership’s commit- prior to the Emancipation Proclama- that public benefits are not things that ment to protecting our LGBTQ com- tion would become citizens. There was we should give to anybody who is not a munity and all communities from per- a fear at the time that some unethical, citizen. nicious forms of hate and harm of dis- particularly Southern, States would First of all, we are broke. I don’t crimination. say that people who were not citizens think it has been publicized enough,

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MY7.161 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3921 but about 20 percent of the current Who came along in last place at 1 And finally, with so many people Federal spending is borrowed. When percent? Homeland Security. In other flooding across the border, I hope we you are around $23 trillion in debt, the words, a sign that the least priority in aggressively fight the idea that the idea of providing generous public bene- the next budget should be enforcing least important part of our upcoming fits to people who are not citizens is our borders, this at a time where appropriations bills is Homeland Secu- preposterous. groups estimate the cost of illegal im- rity. Secondly, insofar as efforts are made migration to our country to be between Madam Speaker, I yield back the bal- to increase our citizenship through $50 billion and $100 billion. ance of my time. things like DACA, we do want to make Not to mention, when we talk about sure that we are not collecting immi- the moral fiber of America, which has f grants who are eventually, themselves, kept us going for so long, we begin to going to become a public charge or have the next wave of immigrants, who LEAVE OF ABSENCE coming here because of our generosity will become the next wave of Ameri- By unanimous consent, leave of ab- rather than the opportunities that cans, whose first action coming to this sence was granted to: country is breaking the law. take place for people who work hard. Mr. MASSIE (at the request of Mr. I have introduced legislation which b 2115 MCCARTHY) for today on account of at- will say that any local unit of govern- tending a U.S. Army Advanced Indi- ment that gives benefits to people who I want to point out that neither I nor President Trump is anti-immigrant. I vidual Training graduation ceremony. are not citizens will lose its ability to think it is tremendous that every year give those benefits, because we have to f in this country we swear in another crack down on this. Otherwise, the fu- 700,000 citizens. I think it is wonderful ture generations of Americans will no SENATE BILL REFERRED in this country that we have 4 million longer be like past generations who people here on work visas, and it is A bill of the Senate of the following came here to take advantage of the op- possible that number will go up in the title was taken from the Speaker’s portunity to get through hard work, future. table and, under the rule, referred as but we will begin to get some people But there is a difference between peo- follows: here who will take advantage of the op- ple coming here on work visas; there is S. 1208. An act to amend the Omnibus portunities that are available from a difference between people going Crime Control and Safe Streets Act of 1968 government benefits. through the appropriate steps and get- with respect to payments to certain public I hope President Trump, as he con- ting sworn in legally and people who safety officers who have become perma- tinues to discuss this immigration sit- are crossing the border illegally. nently and totally disabled as a result of per- uation, talks about this. These are three suggestions of things sonal injuries sustained in the line of duty, The third thing I think he should that I would think would be minimal and for other purposes; to the Committee on the Judiciary. talk about, and something that I don’t requirements before an immigration think the mainstream media has high- compromise is reached. f lighted enough, is what we are going to Again, I emphasize we should get rid be spending money on in the next budg- of birth right citizenship. The idea of ENROLLED BILL SIGNED et. people flying here from other countries So the viewers back home are aware, or crossing the Rio Grande and saying Cheryl L. Johnson, Clerk of the when we pass our annual spending ‘‘my child automatically becomes a House, reported and found truly en- bills, we break it into 12 separate bills. citizen’’ must end. rolled a bill of the House of the fol- Now, right now, as we have 100,000 I think the practice of having people lowing title, which was thereupon people a month crossing our border il- who are here illegally or anybody who signed by the Speaker: legally, I would say that it is probably is here who is not a citizen getting pub- H.R. 2379. An act to reauthorize the Bullet- the number one concern for the future lic benefits—and frequently those pub- proof Vest Partnership Grant Program. of the United States. lic benefits, particularly in the area of Sadly, the majority party, as they let healthcare, are superior benefits to f us know where their priorities lie, told those which the average working ADJOURNMENT us the percentage of increases in each American has. As a matter of fact, fre- one of these 12 bills. For example, quently, public housing today is supe- Mr. GROTHMAN. Madam Speaker, I Labor and HHS was due for a 6 percent rior to some of the housing that people move that the House do now adjourn. increase; Defense for a 3 percent in- who have to pay their own rent can af- The motion was agreed to; accord- crease; State and Foreign Ops, a 5 per- ford. But I hope we step up to the plate ingly (at 9 o’clock and 17 minutes cent increase; the Legislative Branch, I and make sure that, with regard to im- p.m.), the House adjourned until to- think, about a 3 percent increase.h migration, there are no public benefits. morrow, Friday, May 17, 2019, at 9 a.m. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, the attached estimate of the costs of H.R. 987, the Strengthening Health Care and Lowering Prescription Drugs Costs Act, as amended, for printing in the CONGRESSIONAL RECORD.

ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 987, AS AMENDED

By fiscal year, in millions of dollars— 2019– 2019– 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2024 2029

NET INCREASE OR DECREASE (¥) IN THE DEFICIT Statutory Pay-As-You-Go Effects ...... 0 ¥79 ¥177 ¥167 ¥38 59 83 195 269 297 454 ¥403 895

Components may not sum to totals because of rounding.

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00077 Fmt 7634 Sfmt 8634 E:\CR\FM\K16MY7.162 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3922 CONGRESSIONAL RECORD — HOUSE May 16, 2019 EXECUTIVE COMMUNICATIONS, 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 987 Gain or Loss [TD 9857] (RIN: 1545-BL11) ETC. 251; (110 Stat. 868); to the Committee on En- received May 15, 2019, pursuant to 5 U.S.C. ergy and Commerce. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Under clause 2 of rule XIV, executive 1043. A letter from the Executive Director, Stat. 868); to the Committee on Ways and communications were taken from the Federal Energy Regulatory Commission, Means. Speaker’s table and referred as follows: transmitting the Commission’s final rule — 1053. A letter from the Chief, Publications 1035. A letter from the Chairwoman, De- Annual Update of Filing Fees [Docket No.: and Regulations Branch, Internal Revenue partment of Defense and Department of En- RM19-14-000] received May 15, 2019, pursuant Service, transmitting the Service’s IRB only ergy Nuclear Weapons Council, transmitting to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, rule — Credit for Carbon Oxide Sequestra- the FY 2020 President’s Budget Request for Sec. 251; (110 Stat. 868); to the Committee on tion — 2019 Section 45Q Inflation Adjustment the Department of Energy/National Nuclear Energy and Commerce. Factor [Notice 2019-31] received May 15, 2019, Security Administration reflects sufficient 1044. A letter from the Secretary, Depart- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law investment to ensure a credible nuclear de- ment of the Treasury, transmitting a six- 104-121, Sec. 251; (110 Stat. 868); to the Com- terrent in the near term, pursuant to 10 month periodic report on the national emer- mittee on Ways and Means. 1054. A letter from the Chief, Publications U.S.C. 179(f)(1); Public Law 99-661, Sec. gency with respect to Iran that was declared and Regulations Branch, Internal Revenue 3137(a)(1) (as amended by Public Law 112-239, in Executive Order 12170 of November 14, Service, transmitting the Service’s IRB only Sec. 1039); (126 Stat. 1927); to the Committee 1979, pursuant to 50 U.S.C. 1641(c); Public rule — Maximum Values For 2019 For Use on Armed Services. Law 94-412, Sec. 401(c); (90 Stat. 1257) and 50 With Vehicle Cents-Per-Mile and Fleet-Aver- 1036. A letter from the Chief Counsel, U.S.C. 1703(c); Public Law 95-223, Sec 204(c); age Valuation Rules [Notice 2019-34] received FEMA, Department of Homeland Security, (91 Stat. 1627); to the Committee on Foreign May 15, 2019, pursuant to 5 U.S.C. transmitting the Department’s final rule — Affairs. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Suspension of Community Eligibility; Okla- 1045. A letter from the Solicitor, National Stat. 868); to the Committee on Ways and homa; Tulsa, City of Osage, Rogers, Tulsa Labor Relations Board, transmitting a noti- Means. and Wagoner Counties [Docket ID: FEMA- fication of a vacancy, a designation of acting officer, a nomination, and an action on nom- 1055. A letter from the General Counsel, 2019-0003; Internal Agency Docket No.: Department of Commerce, transmitting FEMA-8577] received May 15, 2019, pursuant ination, pursuant to 5 U.S.C. 3349(a); Public Law 105-277, 151(b); (112 Stat. 2681-614); to the draft legislation to amend the South Pacific to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Tuna Act (16 U.S.C. Sec. 973 et seq.); jointly Sec. 251; (110 Stat. 868); to the Committee on Committee on Oversight and Reform. 1046. A letter from the General Counsel, to the Committees on Natural Resources and Financial Services. Foreign Affairs. 1037. A letter from the Assistant General Peace Corps, transmitting three (3) notifica- REPORTS OF COMMITTEES ON PUBLIC BILLS AND Counsel for Regulatory Affairs, Pension Ben- tions of a designation of acting officer, a RESOLUTIONS efit Guaranty Corporation, transmitting the nomination, an action on nomination, and a Corporation’s final rule — Terminated and discontinuation of service in acting role, Under clause 2 of rule XIII, reports of Insolvent Multiemployer Plans and Duties of pursuant to 5 U.S.C. 3349(a); Public Law 105- committees were delivered to the Clerk Plan Sponsors (RIN: 1212-AB38) received May 277, 151(b); (112 Stat. 2681-614); to the Com- for printing and reference to the proper 15, 2019, pursuant to 5 U.S.C. 801(a)(1)(A); mittee on Oversight and Reform. calendar, as follows: 1047. A letter from the Under Secretary for Public Law 104-121, Sec. 251; (110 Stat. 868); to Mr. NADLER: Committee on the Judici- Oceans and Atmosphere, Department of the Committee on Education and Labor. ary. Supplemental report on H.R. 965. A bill Commerce, transmitting the National Oce- 1038. A letter from the Director, Regu- to promote competition in the market for anic and Atmospheric Administration’s latory Management Division, Environmental drugs and biological products by facilitating Chesapeake Bay Office Biennial Report to Protection Agency, transmitting the Agen- the timely entry of lower-cost generic and Congress for Fiscal Years 2017-2018, pursuant cy’s final rule — Air Plan Approval; GA and biosimilar versions of those drugs and bio- to 15 U.S.C. 1511d(b)(7); Public Law 102-567, TN; Interstate Transport (Prongs 1 and 2) for logical products (Rept. 116–55, Pt. 3). the 2010 1-Hour NO2 Standard [EPA-R04- Sec. 307(b)(7) (as amended by Public Law 107- Mr. RYAN: Committee on Appropriations. OAR-2018-0720; EPA-R04-OAR-2018-0759; FRL- 372, Sec. 401(a)); (116 Stat. 3098); to the Com- H.R. 2779. A bill Making appropriations for 9993-71-Region 4] received May 15, 2019, pur- mittee on Natural Resources. the Legislative Branch for the fiscal year 1048. A letter from the Deputy Assistant suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- ending September 30, 2020, and for other pur- Administrator for Regulatory Programs, 121, Sec. 251; (110 Stat. 868); to the Committee poses (Rept. 116–64). Referred to the Com- NMFS, National Oceanic and Atmospheric on Energy and Commerce. mittee of the Whole House on the state of 1039. A letter from the Director, Regu- Administration, transmitting the Adminis- the Union. latory Management Division, Environmental tration’s final rule — Endangered and Mr. NEAL: Committee on Ways and Means. Protection Agency, transmitting the Agen- Threatened Wildlife and Plants; Endangered H.R. 1994. A bill to amend the Internal Rev- cy’s final rule — National Priorities List Status of the Gulf of Mexico Bryde’s Whale enue Code of 1986 to encourage retirement [EPA-HQ-SFUND-1989-0007, EPA-HQ-OLEM- [Docket No.: 141216999-8702-02] (RIN: 0648- savings, and for other purposes, with an 2018-0253, 0580, 0581, 0582, 0583, 0585, and 0586; XD669) received May 15, 2019, pursuant to 5 amendment (Rept. 116–65, Pt. 1). Referred to FRL-9993-49-OLEM] received May 15, 2019, U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. the Committee of the Whole House on the pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 251; (110 Stat. 868); to the Committee on Nat- state of the Union. 104-121, Sec. 251; (110 Stat. 868); to the Com- ural Resources. Mr. DEFAZIO: Committee on Transpor- 1049. A letter from the Assistant Attorney mittee on Energy and Commerce. tation and Infrastructure. H.R. 1318. A bill to 1040. A letter from the Director, Regu- General, Department of Justice, transmit- direct the Librarian of Congress to obtain a latory Management Division, Environmental ting a report to Congress concerning grants stained glass panel depicting the seal of the Protection Agency, transmitting the Agen- made under the Paul Coverdell National Fo- District of Columbia and install the panel cy’s final rule — Glufosinate Ammonium; rensic Science Improvement Grants Pro- among the stained glass panels depicting the Pesticide Tolerances [EPA-HQ-OPP-2018-0207; gram, pursuant to 34 U.S.C. 10566(b); Public seals of States which overlook the Main FRL-9991-49] received May 15, 2019, pursuant Law 90-351, Sec. 2806(b) (as amended by Pub- Reading Room of the Library of Congress to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, lic Law 107-273, Sec. 5001(b)(5)); (116 Stat. Thomas Jefferson Building (Rept. 116–66, Pt. Sec. 251; (110 Stat. 868); to the Committee on 1814); to the Committee on the Judiciary. 1). Ordered to be printed. 1050. A letter from the Director, Adminis- Mr. DEFAZIO: Committee on Transpor- Energy and Commerce. trative Office of the United States Courts, 1041. A letter from the Director, Regu- tation and Infrastructure. H.R. 1775. A bill to transmitting the 2018 annual report on bank- latory Management Division, Environmental establish a task force on NOTAM improve- ruptcy statistics, pursuant to 28 U.S.C. Protection Agency, transmitting the Agen- ments, and for other purposes (Rept. 116–67). 159(b)(3); Public Law 109-8, Sec. 601(a); (119 cy’s partial withdrawal of direct final rule — Referred to the Committee of the Whole Stat. 119); to the Committee on the Judici- Air Plan Approval; New Mexico; Approval of House on the state of the Union. ary. Mr. TAKANO: Committee on Veterans’ Af- Revised Statutes; Error Correction [EPA- 1051. A letter from the Chief, Publications fairs. H.R. 1200. A bill to increase, effective R06-OAR-2015-0850; FRL-9993-58-Region 6] re- and Regulations Branch, Internal Revenue as of December 1, 2019, the rates of com- ceived May 15, 2019, pursuant to 5 U.S.C. Service, transmitting the Service’s final reg- pensation for veterans with service-con- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ulation — User Fees Relating to Enrolled nected disabilities and the rates of depend- Stat. 868); to the Committee on Energy and Agents and Enrolled Retirement Plan Agents ency and indemnity compensation for the Commerce. [TD 9858] (RIN: 1545-BO38) received May 15, survivors of certain disable veterans, and for 1042. A letter from the Director, Regu- 2019, pursuant to 5 U.S.C. 801(a)(1)(A); Public other purposes (Rept. 116–68). Referred to the latory Management Division, Environmental Law 104-121, Sec. 251; (110 Stat. 868); to the Committee of the Whole House on the state Protection Agency, transmitting the Agen- Committee on Ways and Means. of the Union. cy’s final rule — Air Plan Approval; OR; 2015 1052. A letter from the Chief, Publications Mr. TAKANO: Committee on Veterans’ Af- Ozone NAAQS Interstate Transport Require- and Regulations Branch, Internal Revenue fairs. H.R. 2045. A bill to amend title 38, ments [EPA-R10-OAR-2018-0801; FRL-9993-75- Service, transmitting the Service’s final reg- United States Code, to establish the Vet- Region 10] received May 15, 2019, pursuant to ulations and removal of temporary regula- erans Economic Opportunity and Transition tions — Recognition and Deferral of Section Administration and the Under Secretary for

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.051 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3923 Veterans Economic Opportunity and Transi- By Mr. LIPINSKI: sions as fall within the jurisdiction of the tion of the Department of Veterans Affairs, H.R. 2787. A bill to mandate the monthly committee concerned. and for other purposes; with amendments formulation and publication of a consumer By Mr. BLUMENAUER (for himself, (Rept. 116–69). Referred to the Committee of price index specifically for senior citizens for Mr. KINZINGER, Mr. MOULTON, Mr. the Whole House on the state of the Union. the purpose of establishing an accurate So- STIVERS, Mr. NADLER, Ms. STEFANIK, DISCHARGE OF COMMITTEE cial Security COLA for such citizens; to the Ms. LOFGREN, Ms. HERRERA BEUTLER, Committee on Education and Labor. Pursuant to clause 2 of rule XIII, the Mr. DOGGETT, Mr. MAST, Mr. CROW, By Mr. SMITH of Nebraska (for him- Mr. WALTZ, Ms. OMAR, Mr. HUNTER, Committee on Education and Labor self, Mrs. RODGERS of Washington, Mr. MCGOVERN, Mr. YOUNG, Mr. discharged from further consideration. Ms. SEWELL of Alabama, and Mr. WELCH, Mr. HURD of Texas, Mr. HAS- H.R. 1994 referred to the Committee of LOEBSACK): TINGS, Mr. JOHNSON of Ohio, Mr. the Whole House on the state of the H.R. 2788. A bill to amend title XVIII of the RYAN, Mr. WATKINS, Mr. PETERS, Mr. Union. Social Security Act to modernize provisions WRIGHT, Mr. RASKIN, Mr. relating to rural health clinics under Medi- RESCHENTHALER, Mr. MICHAEL F. CONSENSUS CALENDAR care; to the Committee on Energy and Com- DOYLE of Pennsylvania, Mr. Under clause 7 of rule XV, the fol- merce, and in addition to the Committee on WENSTRUP, Ms. NORTON, and Mr. GAL- lowing motion was filed with the Clerk: Ways and Means, for a period to be subse- LAGHER): Motion No. 1, May 16, 2019 by Mr. Wil- quently determined by the Speaker, in each H.R. 2796. A bill to amend the Afghan Al- son of South Carolina on H.R. 553. case for consideration of such provisions as lies Protection Act of 2009 to make 4,000 fall within the jurisdiction of the committee visas available for the Afghan Special Immi- f concerned. grant Visa program, and for other purposes; PUBLIC BILLS AND RESOLUTIONS By Mr. SCHWEIKERT (for himself, Mr. to the Committee on the Judiciary. FORTENBERRY, and Mr. WEBSTER of By Mr. BOST (for himself, Ms. KELLY Under clause 2 of rule XII, public Florida): of Illinois, Mr. RODNEY DAVIS of Illi- bills and resolutions of the following H.R. 2789. A bill to amend the Public nois, Mr. YOHO, and Mr. titles were introduced and severally re- Health Service Act to establish a health in- O’HALLERAN): ferred, as follows: surance Federal Invisible Risk Sharing Pro- H.R. 2797. A bill to amend the Agricultural gram; to the Committee on Energy and Com- Act of 1961 to modify the limitations applica- By Mr. MCCAUL (for himself and Mr. merce. ble to qualified conservation loan guaran- SIRES): By Mr. PENCE (for himself and Mr. H.R. 2780. A bill to require the Secretary of tees, and for other purposes; to the Com- GALLEGO): mittee on Agriculture. State to develop and maintain an inter- H.R. 2790. A bill to make additional finan- national diplomatic and assistance strategy By Ms. BROWNLEY of California: cial assets of the Government of Iran avail- H.R. 2798. A bill to amend title 38, United to stop the flow of illicit opioids, including able to pay compensatory damages to the States Code, to make permanent the pilot fentanyl, into the United States, and for victims of terrorism sponsored by that Gov- program on counseling in retreat settings for other purposes; to the Committee on Foreign ernment, and for other purposes; to the Com- women veterans newly separated from serv- Affairs. mittee on the Judiciary, and in addition to ice in the Armed Forces; to the Committee By Ms. SCHAKOWSKY (for herself and the Committee on Foreign Affairs, for a pe- on Veterans’ Affairs. Mr. BURGESS): riod to be subsequently determined by the By Mr. CARSON of Indiana: H.R. 2781. A bill to amend title VII of the Speaker, in each case for consideration of H.R. 2799. A bill to implement rec- Public Health Service Act to reauthorize such provisions as fall within the jurisdic- ommendations related to the safety of am- certain programs relating to the health pro- tion of the committee concerned. phibious passenger vessels, and for other pur- fessions workforce, and for other purposes; By Ms. HAALAND (for herself, Mr. poses; to the Committee on Transportation to the Committee on Energy and Commerce. GALLAGHER, Mr. COLE, Mr. CISNEROS, and Infrastructure. By Mrs. WALORSKI (for herself, Mr. Ms. NORTON, Mr. COOK, Mr. CASE, Mr. By Ms. SLOTKIN (for herself, Ms. LIPINSKI, Mr. KELLY of Pennsylvania, O’HALLERAN, Mr. CROW, and Ms. BLUNT ROCHESTER, Mr. KILDEE, and and Mr. PETERSON): KENDRA S. HORN of Oklahoma): Mr. FITZPATRICK): H.R. 2782. A bill to amend the Internal Rev- H.R. 2791. A bill to establish the Depart- H.R. 2800. A bill to amend the Safe Drink- enue Code of 1986 to repeal the 30-hour ment of Veterans Affairs Advisory Com- ing Water Act to require continued and ex- threshold for classification as a full-time mittee on Tribal and Indian Affairs, and for panded monitoring of perfluoroalkyl and employee for purposes of the employer man- other purposes; to the Committee on Vet- polyfluoroalkyl substances in drinking date in the Patient Protection and Afford- erans’ Affairs. water, and for other purposes; to the Com- able Care Act and replace it with 40 hours; to By Mr. GOTTHEIMER (for himself, Mr. mittee on Energy and Commerce. the Committee on Ways and Means. REED, and Ms. STEFANIK): By Mr. COLLINS of New York: By Mr. SMITH of New Jersey (for him- H.R. 2792. A bill to require the Secretary of H.R. 2801. A bill to provide temporary resi- self and Mr. DIAZ-BALART): Transportation to publish a notice of pro- dent status and employment authorization H.R. 2783. A bill to amend the Immigration posed rulemaking concerning seat belts on for certain non-seasonal agricultural work- and Nationality Act to provide for certain school buses, and for other purposes; to the ers, and for other purposes; to the Com- protections for aliens granted temporary Committee on Transportation and Infra- mittee on the Judiciary. protected status or deferred enforced depar- structure. By Ms. DEGETTE (for herself and Mr. ture, and for other purposes; to the Com- By Mr. GOTTHEIMER (for himself, Mr. SHIMKUS): mittee on the Judiciary. REED, Ms. STEFANIK, Mr. COHEN, Mr. H.R. 2802. A bill to amend the Public By Ms. ESHOO: KILDEE, Mr. CUMMINGS, and Mr. Health Service Act to provide for the partici- H.R. 2784. A bill to clarify section 224 of the SIRES): pation of physical therapists in the National Communications Act of 1934 as not limiting H.R. 2793. A bill to require the Federal Health Service Corps Loan Repayment Pro- the ability of a State to adopt a one touch Motor Carrier Safety Administration to im- gram, and for other purposes; to the Com- make ready policy for pole attachments, and plement a national employer notification mittee on Energy and Commerce. for other purposes; to the Committee on En- service; to the Committee on Transportation By Ms. DELAURO (for herself, Ms. ergy and Commerce. and Infrastructure. WASSERMAN SCHULTZ, Ms. WILSON of By Ms. ESHOO (for herself, Mr. By Ms. TORRES SMALL of New Mex- Florida, Mr. RASKIN, Ms. JACKSON KHANNA, Mr. THOMPSON of California, ico (for herself, Mr. SMUCKER, Mr. LEE, Mr. NADLER, and Ms. PINGREE): and Ms. PINGREE): CA´ RDENAS, and Mr. WALTZ): H.R. 2803. A bill to To require health insur- H.R. 2785. A bill to amend the Tele- H.R. 2794. A bill to reauthorize and improve ance coverage for the treatment of infer- communications Act of 1996 to preserve and the Department of Defense Mentor-Protege tility; to the Committee on Energy and Com- protect the ability of State and local govern- Program; to the Committee on Armed Serv- merce, and in addition to the Committees on ments and public-private partnerships to ices. Oversight and Reform, Armed Services, and provide broadband services; to the Com- By Mr. BEYER (for himself and Mr. Veterans’ Affairs, for a period to be subse- mittee on Energy and Commerce. BUCHANAN): quently determined by the Speaker, in each By Mrs. BROOKS of Indiana (for her- H.R. 2795. A bill to establish National Wild- case for consideration of such provisions as self, Mr. DEUTCH, Mr. UPTON, Mrs. life Corridors to provide for the protection fall within the jurisdiction of the committee DINGELL, Mr. FITZPATRICK, and Mr. and restoration of certain native fish, wild- concerned. CARSON of Indiana): life, and plant species, and for other pur- By Mr. FOSTER (for himself and Mr. H.R. 2786. A bill to authorize the Attorney poses; to the Committee on Natural Re- KUSTOFF of Tennessee): General to make grants to States that have sources, and in addition to the Committees H.R. 2804. A bill to amend title 23, United in place laws that authorize law enforcement on Agriculture, Armed Services, and Trans- States Code, with respect to apportionments agencies to retain firearms taken from dan- portation and Infrastructure, for a period to to States for certain highway programs, and gerous individuals, and for other purposes; to be subsequently determined by the Speaker, for other purposes; to the Committee on the Committee on the Judiciary. in each case for consideration of such provi- Transportation and Infrastructure.

VerDate Sep 11 2014 05:15 May 17, 2019 Jkt 089060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MY7.053 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3924 CONGRESSIONAL RECORD — HOUSE May 16, 2019 By Mr. HOLLINGSWORTH (for him- sonal injuries sustained in the line of duty, By Mr. CICILLINE (for himself and Mr. self, Mr. COLLINS of Georgia, Mr. and for other purposes; to the Committee on FORTENBERRY): BUDD, Mr. RUTHERFORD, Mr. MITCH- the Judiciary. H. Res. 387. A resolution condemning con- ELL, Mr. PALAZZO, and Mr. KUSTOFF By Ms. PINGREE (for herself, Ms. tinued violence against civilians by armed of Tennessee): JAYAPAL, Ms. OMAR, Mr. MCGOVERN, groups in the Central African Republic and H.R. 2805. A bill to amend title 18, United and Ms. OCASIO-CORTEZ): supporting efforts to achieve a lasting polit- States Code, to permit uniformed law en- H.R. 2813. A bill to permit aliens seeking ical solution to the conflict; to the Com- forcement officers to carry agency-issued asylum to be eligible for employment in the mittee on Foreign Affairs. firearms in certain Federal facilities, and for United States and for other purposes; to the f other purposes; to the Committee on the Ju- Committee on the Judiciary. diciary. By Ms. PLASKETT: MEMORIALS By Mr. HORSFORD: H.R. 2814. A bill to amend title 37, United Under clause 3 of rule XII, memorials H.R. 2806. A bill to amend the Internal Rev- States Code, to authorize the basic allow- were presented and referred as follows: enue Code of 1986 to treat certain scholar- ance for housing for members of the uni- ships and fellowship grants as earned income formed services in the Virgin Islands; to the 51. The SPEAKER presented a memorial of for purposes of the kiddie tax; to the Com- Committee on Armed Services. the Senate of the State of Tennessee, rel- mittee on Ways and Means. By Mr. RUIZ (for himself, Mrs. ROD- ative to Senate Joint Resolution No. 192, to By Mr. KRISHNAMOORTHI (for him- GERS of Washington, Ms. TORRES express support for the enactment of legisla- self, Mr. SWALWELL of California, Mr. SMALL of New Mexico, and Mr. DAVID tion that requires all board committee meet- POCAN, Mr. WELCH, Ms. MOORE, and P. ROE of Tennessee): ings of the Tennessee Valley Authority Ms. ESHOO): H.R. 2815. A bill to reauthorize section 340H Board of Directors to be open to the public; H.R. 2807. A bill to amend title IV of the of the Public Health Service Act to continue to the Committee on Transportation and In- Higher Education Act of 1965 to require insti- to encourage the expansion, maintenance, frastructure. tutions of higher education that participate and establishment of approved graduate 52. Also, a memorial of the House of Rep- in programs under such title to distribute medical residency programs at qualified resentatives of the State of Michigan, rel- voter registration forms to students enrolled teaching health centers, and for other pur- ative to House Resolution No. 81, urging the at the institution, and for other purposes; to poses; to the Committee on Energy and Com- Congress of the United States to speedily ap- the Committee on Education and Labor. merce. prove the recently negotiated United States- By Ms. KUSTER of New Hampshire (for By Ms. STEFANIK (for herself, Mr. Mexico-Canada Agreement; to the Com- herself and Mr. KATKO): BISHOP of Georgia, Mr. RYAN, Mr. mittee on Ways and Means. 53. Also, a memorial of the Legislature of H.R. 2808. A bill to amend the Child Abuse KILMER, Mr. SUOZZI, Mr. COOK, Mr. the State of Louisiana, relative to House Prevention and Treatment Act to direct the KING of New York, Mr. ESPAILLAT, Concurrent Resolution No. 20, to memori- Secretary of Health and Human Services to and Miss GONZA´ LEZ-COLO´ N of Puerto include data on animal abuse in the national Rico): alize the United States Congress to take clearinghouse for information relating to H.R. 2816. A bill to direct the Secretary of such actions as are necessary to review and child abuse and neglect; to the Committee on Veterans Affairs to carry out a pilot pro- consider eliminating provisions of federal Education and Labor. gram to increase access to hepatitis C test- law which reduce Social Security benefits By Ms. LEE of California (for herself, ing for Vietnam-era veterans, and for other for those receiving pension benefits from fed- Ms. MOORE, Ms. ADAMS, Mrs. KIRK- purposes; to the Committee on Veterans’ Af- eral, state, and local government retirement PATRICK, Mr. GRIJALVA, Mr. RUSH, fairs. or pension systems, plans, or funds; to the Ms. NORTON, Ms. WILSON of Florida, By Mr. WRIGHT (for himself, Mr. Committee on Ways and Means. Ms. OMAR, Mr. KHANNA, Mrs. NAPOLI- GOODEN, Mr. MOONEY of West Vir- f TANO, Mr. DESAULNIER, Mr. ginia, Mrs. HARTZLER, Mr. LAMBORN, CONSTITUTIONAL AUTHORITY ESPAILLAT, Ms. PRESSLEY, Mrs. WAT- Mr. MEADOWS, Mr. BANKS, Mr. BRADY, SON COLEMAN, Mr. ENGEL, Mr. BLU- and Mr. MARCHANT): STATEMENT MENAUER, Ms. HAALAND, Ms. ESHOO, H.R. 2817. A bill to amend title 18, United Pursuant to clause 7 of rule XII of Mr. PAYNE, Mr. CA´ RDENAS, Mr. States Code, to prohibit taking minors the Rules of the House of Representa- HUFFMAN, Mr. COHEN, and Mr. across State lines in circumvention of laws tives, the following statements are sub- CORREA): requiring the involvement of parents in abor- mitted regarding the specific powers H.R. 2809. A bill to amend the Food and Nu- tion decisions; to the Committee on the Ju- trition Act of 2008 to repeal the particular diciary. granted to Congress in the Constitu- work requirement that disqualifies able-bod- By Mr. YOUNG (for himself and Mr. tion to enact the accompanying bill or ied adults for eligibility to participate in the LARSEN of Washington): joint resolution. supplemental nutrition assistance program; H.R. 2818. A bill to amend the Richard B. By Mr. MCCAUL: to the Committee on Agriculture. Russell National School Lunch Act to im- H.R. 2780. By Ms. MOORE (for herself, Mr. ESTES, prove the efficiency of summer meals; to the Congress has the power to enact this legis- Mr. CALVERT, Mr. CARBAJAL, Mr. Committee on Education and Labor. lation pursuant to the following: CA´ RDENAS, Mr. COLE, Mr. COOK, Mrs. By Ms. DEAN (for herself, Mr. BLU- Article I, section 8 of the Constitution of CRAIG, Ms. HAALAND, Mr. KIND, Mr. MENAUER, Mr. LOWENTHAL, Mr. the United States RUIZ, Ms. SHALALA, Mr. YOUNG, Mr. BALDERSON, Mr. BUCHANAN, Mr. By Ms. SCHAKOWSKY: KILDEE, and Mr. CISNEROS): THOMPSON of California, Ms. H.R. 2781. H.R. 2810. A bill to amend the Internal Rev- PRESSLEY, Mr. LIPINSKI, and Ms. Congress has the power to enact this legis- enue Code of 1986 to treat certain payments HAALAND): lation pursuant to the following: made by Indian tribal governments as earned H. Res. 385. A resolution expressing support Article I, Section 8, Clause 3 income for purposes of the kiddie tax; to the for ‘‘Bike to Work Day’’ on May 17, 2019; to The Congress shall have Power . . . To reg- Committee on Ways and Means. the Committee on Oversight and Reform. ulate Commerce with foreign Nations, and By Mr. PANETTA (for himself, Mr. By Ms. JACKSON LEE (for herself, Ms. among the several States, and with the In- HUDSON, Mr. BROWN of Maryland, Mr. KAPTUR, Mrs. LAWRENCE, Ms. TLAIB, dian Tribes. CARTER of Texas, Mr. BISHOP of Geor- Ms. CLARKE of New York, Ms. By Mrs. WALORSKI: gia, Mr. HECK, Ms. ESHOO, Mrs. HAALAND, Mr. COHEN, Mr. GREEN of H.R. 2782. Congress has the power to enact this legis- HARTZLER, Mr. TAYLOR, and Mr. Texas, Ms. KELLY of Illinois, Mr. lation pursuant to the following: WALTZ): DANNY K. DAVIS of Illinois, Mr. U.S. Constitution article I, Sec. 8, cl. 1. H.R. 2811. A bill to improve oversight of JEFFRIES, Ms. JOHNSON of Texas, Mr. By Mr. SMITH of New Jersey: privatized military housing provided by the PAYNE, Mr. CARSON of Indiana, Mr. H.R. 2783. Department of Defense to members of the THOMPSON of Mississippi, Mr. CUM- Congress has the power to enact this legis- Armed Forces and their families, and for MINGS, Mr. LEWIS, Mr. BUTTERFIELD, lation pursuant to the following: other purposes; to the Committee on Armed Mr. BISHOP of Georgia, Mr. Article I, Section 8, Clause 1 of the Con- Services. HORSFORD, Ms. LEE of California, Mr. stitution. By Mr. PASCRELL (for himself, Mr. SCOTT of Virginia, Mr. HASTINGS, Mr. By Ms. ESHOO: KING of New York, Mr. COURTNEY, CLEAVER, Mr. JOHNSON of Georgia, H.R. 2784. Mr. MULLIN, Ms. BROWNLEY of Cali- Mr. RUSH, Mr. GRIJALVA, and Mr. Congress has the power to enact this legis- fornia, Mr. RUTHERFORD, Mr. CLAY): lation pursuant to the following: O’HALLERAN, and Mr. FITZPATRICK): H. Res. 386. A resolution honoring retired Article I, Section 8, Clause 3 H.R. 2812. A bill to amend the Omnibus Representative John Conyers, Jr., and ex- Article I, Section 8, Clause 18 Crime Control and Safe Streets Act of 1968 tending to him the best wishes of the House By Ms. ESHOO: with respect to payments to certain public of Representatives on the occasion of his H.R. 2785. safety officers who have become perma- 90th birthday; to the Committee on House Congress has the power to enact this legis- nently and totally disabled as a result of per- Administration. lation pursuant to the following:

VerDate Sep 11 2014 06:37 May 17, 2019 Jkt 089060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\L16MY7.100 H16MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 16, 2019 CONGRESSIONAL RECORD — HOUSE H3925 Article I, Section 8, Clause 3 Article I, Section 8 of the United States United States Constitution and its subse- By Mrs. BROOKS of Indiana: Constitution. quent amendments, and further clarified and H.R. 2786. By Mr. CARSON of Indiana: interpreted by the Supreme Court of the Congress has the power to enact this legis- H.R. 2799. United States. lation pursuant to the following: Congress has the power to enact this legis- By Ms. MOORE: Article I, Section 8 lation pursuant to the following: H.R. 2810. By Mr. LIPINSKI: Clause 18 of section 8 of Article I of the Congress has the power to enact this legis- H.R. 2787. Constitution. lation pursuant to the following: Congress has the power to enact this legis- By Ms. SLOTKIN: Article I, Section 8. lation pursuant to the following: H.R. 2800. By Mr. PANETTA: Constitution of the United States, Article Congress has the power to enact this legis- H.R. 2811. 1, Section 8. lation pursuant to the following: Congress has the power to enact this legis- By Mr. SMITH of Nebraska: Under Article I, Section 8 of the Constitu- lation pursuant to the following: H.R. 2788. tion, Congress has the power ‘‘to make all Article I, Section 8, Clause 18. Congress has the power to enact this legis- Laws which shall be necessary and proper for By Mr. PASCRELL: lation pursuant to the following: carrying into Execution the foregoing Pow- H.R. 2812. Article I, Section 8, clause 1 ers, and all other Powers vested by this Con- Congress has the power to enact this legis- By Mr. SCHWEIKERT: stitution in the Government of the United lation pursuant to the following: H.R. 2789. States, or any Department or Officer there- Article 1, Section 1 Congress has the power to enact this legis- of.’’ By Ms. PINGREE: lation pursuant to the following: By Mr. COLLINS of New York: H.R. 2813. Article 1, Section 8, Clause 18 of the U.S. H.R. 2801. Constitution: The Congress shall have Power Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: to make all Laws which shall be necessary lation pursuant to the following: and proper for carrying into Execution the Article I, Section 8, clause 4 provides Con- Article 1, Section 8, Clause 1, of the U.S. gress with the power to establish a ‘‘uniform foregoing Powers, and all other Powers vest- Constitution ed by this Constitution in the Government of rule of Naturalization.’’ By Ms. DEGETTE: the United States, or in any Department or By Ms. PLASKETT: H.R. 2802. H.R. 2814. Officer thereof. Congress has the power to enact this legis- By Mr. PENCE: Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: H.R. 2790. Article I, Section 8, Clause 3 Congress has the power to enact this legis- Article IV. Section 3. Congress shall have By Ms. DELAURO: the power to dispose of and make all needful lation pursuant to the following: H.R. 2803. Article 1, Section 8, Clause 18 of the United rules and regulations respecting the terri- Congress has the power to enact this legis- tory or other property belonging to the States Constitution which grants Congress lation pursuant to the following: the authority to make all Laws which shall United States. As described in Article 1, Section 1 ‘‘all By Mr. RUIZ: be necessary and proper for carrying into legislative powers herein granted shall be Execution the foregoing Powers, and all H.R. 2815. vested in a Congress of the United States, Congress has the power to enact this legis- other Powers vested by this Constitution in which shall consist of a Senate and House of the Government of the United States, or in lation pursuant to the following: Representatives.’’ Article I, section 8, Clauses 1 and 18 of the any Department or Officer thereof. By Mr. FOSTER: By Ms. HAALAND: United States Constitution, to provide for H.R. 2804. the general welfare and make all laws nec- H.R. 2791. Congress has the power to enact this legis- Congress has the power to enact this legis- essary and proper to carry out the powers of lation pursuant to the following: Congress. lation pursuant to the following: This bill is enacted pursuant to the power Article 1, Section 8 of the United States By Ms. STEFANIK: granted to Congress under Article I, Section Constitution H.R. 2816. 8, Clauses 1 and 18 of the United States Con- By Mr. GOTTHEIMER: Congress has the power to enact this legis- stitution. H.R. 2792. lation pursuant to the following: By Mr. HOLLINGSWORTH: Congress has the power to enact this legis- Article I, Section 8, clause 18 of the United H.R. 2805. lation pursuant to the following: States Constitution Congress has the power to enact this legis- Article I, Section 8, Clause 3 of the United By Mr. WRIGHT: lation pursuant to the following: States Constitution H.R. 2817. Article I, Section 8, Clause 18: To make all By Mr. GOTTHEIMER: Congress has the power to enact this legis- Laws which shall be necessary and proper for H.R. 2793. lation pursuant to the following: carrying into Execution the foregoing Pow- Congress has the power to enact this legis- Article 1 Section 8 ers, and all other Powers vested by this Con- lation pursuant to the following: By Mr. YOUNG: stitution in the Government of the United Article I, Section 8, Clause 18 of the United H.R. 2818. States, or in any Department or Officer States Constitution Congress has the power to enact this legis- thereof. By Ms. TORRES SMALL of New Mex- lation pursuant to the following: By Mr. HORSFORD: ico: Article 1, Section 8, Clauses 3 and 18; and H.R. 2806. H.R. 2794. Article 1, Section 9, Clause 7 Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: f Article 1, Section 8, Clause 3 of the U.S. Article 1, Section 8, Clause 1 of the Con- Constitution stitution of the United States. ADDITIONAL SPONSORS By Mr. BEYER: By Mr. KRISHNAMOORTHI: Under clause 7 of rule XII, sponsors H.R. 2795. H.R. 2807. were added to public bills and resolu- Congress has the power to enact this legis- Congress has the power to enact this legis- tions, as follows: lation pursuant to the following: lation pursuant to the following: Congress under Article I, Sec. 8, Clause 3; United States Constitution, Article I, Sec- H.R. 6: Mr. MCADAMS. Article IV, Section 3, Clause 2; and Article I, tion 8 H.R. 94: Mr. CRIST. Sec. 8, Clause 18 of the United States Con- By Ms. KUSTER of New Hampshire: H.R. 95: Mrs. MURPHY and Mr. SCHNEIDER. stitution. H.R. 2808. H.R. 96: Mrs. TRAHAN. By Mr. BLUMENAUER: Congress has the power to enact this legis- H.R. 117: Ms. CASTOR of Florida. H.R. 2796. lation pursuant to the following: H.R. 230: Mr. ROSE of New York. Congress has the power to enact this legis- Article I, Section 8: That Congress has the H.R. 303: Mr. TRONE. lation pursuant to the following: Power . . . To make all Laws which shall be H.R. 333: Ms. PINGREE, Mr. POSEY, and Mrs. Article I, Section VIII necessary and proper for carrying into Exe- RODGERS of Washington. By Mr. BOST: cution the foregoing Powers, and all other H.R. 336: Mr. STEIL, Mrs. LESKO, Mr. SMITH H.R. 2797. Powers vested by this Constitution in the of Nebraska, and Mrs. BROOKS of Indiana. Congress has the power to enact this legis- Government of the United States, or in any H.R. 384: Mr. WRIGHT. lation pursuant to the following: Department or Officer thereof. H.R. 385: Mr. WRIGHT. Article I, Section 8, Clause I of the United By Ms. LEE of California: H.R. 487: Mr. AMODEI and Mr. CLINE. States Constitution. H.R. 2809. H.R. 500: Ms. JACKSON LEE, Mr. CUELLAR, By Ms. BROWNLEY of California: Congress has the power to enact this legis- Ms. HOULAHAN, Ms. SHERRILL, Mr. KHANNA, H.R. 2798. lation pursuant to the following: Ms. MCCOLLUM, Mr. ROSE of New York, Mr. Congress has the power to enact this legis- This bill is enacted pursuant to the power CORREA, Mr. TED LIEU of California, Mr. lation pursuant to the following: granted to Congress under Article I of the QUIGLEY, Mr. LARSEN of Washington, Ms.

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OCASIO-CORTEZ, Ms. WEXTON, and Mrs. H.R. 1641: Ms. FINKENAUER. SOTO, Mr. TAKANO, Ms. FINKENAUER, Ms. MCBATH. H.R. 1652: Mr. WEBSTER of Florida, Mr. WILD, Mrs. WATSON COLEMAN, Ms. BROWNLEY H.R. 510: Mr. PALAZZO, Mr. PAYNE, Mr. KIM, KING of New York, and Ms. MUCARSEL-POW- of California, Mr. YOUNG, Ms. DELBENE, Mr. and Mr. SCHNEIDER. ELL. RUPPERSBERGER, Mr. WOMACK, Mr. ROUDA, H.R. 550: Ms. KENDRA S. HORN of Okla- H.R. 1668: Mr. ROUDA and Mr. GRAVES of Ms. GABBARD, and Ms. PINGREE. homa, Mr. COLLINS of New York, Mr. Georgia. H.R. 2291: Mr. SMITH of Missouri. MALINOWSKI, Mr. FOSTER, Mr. TONKO, and H.R. 1679: Mr. GROTHMAN and Mr. COLLINS H.R. 2312: Mrs. DAVIS of California. Mr. NORCROSS. of New York. H.R. 2322: Mr. KEVIN HERN of Oklahoma H.R. 553: Mr. MICHAEL F. DOYLE of Pennsyl- H.R. 1707: Mr. ENGEL and Ms. BASS. and Mr. HAGEDORN. vania, Mr. AUSTIN SCOTT of Georgia, Mr. H.R. 1708: Mr. ROUDA, Mr. CISNEROS, and H.R. 2333: Ms. PORTER. BALDERSON, Mr. EVANS, Mr. GALLAGHER, Ms. Ms. ROYBAL-ALLARD. H.R. 2336: Mr. COLLINS of New York. WILSON of Florida, Ms. HILL of California, H.R. 1730: Mr. POSEY and Mr. RUSH. H.R. 2354: Ms. MATSUI, Ms. BONAMICI, Mr. and Mr. COLLINS of New York. H.R. 1747: Mr. CASE. LOWENTHAL, Mr. LEWIS, and Mr. DOGGETT. H.R. 586: Mr. LONG. H.R. 1748: Ms. LOFGREN and Mr. FOSTER. H.R. 2372: Ms. PORTER. H.R. 587: Mr. CRAWFORD and Mr. KILMER. H.R. 1754: Ms. ESHOO, Ms. SPEIER, Ms. LEE H.R. 2381: Mr. LUETKEMEYER, Mr. BISHOP of H.R. 613: Mrs. LURIA. of California, and Mr. REED. Georgia, and Mr. DAVID SCOTT of Georgia. H.R. 668: Ms. MENG. H.R. 1802: Mr. MITCHELL and Mr. BOST. H.R. 2410: Ms. KELLY of Illinois, Ms. H.R. 692: Ms. STEFANIK. H.R. 1824: Mr. RUSH. ADAMS, Ms. CLARKE of New York, Ms. WILSON H.R. 721: Ms. CASTOR of Florida and Mr. H.R. 1830: Mr. SCHRADER, Mrs. DAVIS of of Florida, Mr. JOHNSON of Georgia, Mr. DEUTCH. California, Mr. SMITH of Washington, Ms. LEWIS, Mrs. WATSON COLEMAN, Mr. PAYNE, H.R. 724: Mr. MCGOVERN. SPEIER, Mr. STEWART, and Ms. BLUNT ROCH- Mr. THOMPSON of Mississippi, Mr. RICHMOND, H.R. 748: Mr. MULLIN, Mr. ABRAHAM, Mr. ESTER. and Ms. DEAN. ESTES, Mr. RUPPERSBERGER, and Mr. H.R. 1840: Mr. KING of Iowa. H.R. 2426: Mr. COHEN and Mr. MARCHANT. CLEAVER. H.R. 1865: Mr. KELLY of Mississippi, Mr. H.R. 2435: Mr. PAPPAS, Mrs. RODGERS of H.R. 849: Ms. KENDRA S. HORN of Okla- BROWN of Maryland, Mr. STEIL, Mr. STAUBER, Washington, Mr. COLE, and Ms. DEAN. homa. Ms. PLASKETT, Mr. STIVERS, Mr. SENSEN- H.R. 2441: Mr. THOMPSON of Mississippi. H.R. 2442: Mr. KILMER. H.R. 884: Mrs. HARTZLER. BRENNER, Ms. WILD, Mr. COOPER, Mr. DIAZ- H.R. 2460: Mrs. BROOKS of Indiana and Mr. H.R. 919: Ms. DELBENE. BALART, and Ms. FINKENAUER. RIGGLEMAN. H.R. 940: Mrs. LEE of Nevada. H.R. 1873: Mr. RUTHERFORD, Mr. RASKIN, H.R. 2463: Ms. KUSTER of New Hampshire. H.R. 997: Mr. DESJARLAIS, Mr. CHABOT, Mr. Mr. WESTERMAN, and Mr. GOLDEN. H.R. 2474: Ms. SPANBERGER. BAIRD, and Mr. COMER. H.R. 1896: Mr. FLEISCHMANN. H.R. 2480: Ms. ADAMS. H.R. 1002: Mrs. LEE of Nevada. H.R. 1903: Mr. KILMER and Mr. LAMALFA. H.R. 2481: Mr. SCOTT of Virginia, Mr. H.R. 1004: Ms. LOFGREN. H.R. 1911: Mr. PANETTA. BALDERSON, Mrs. FLETCHER, Mr. CICILLINE, H.R. 1035: Ms. GABBARD. H.R. 1922: Mr. DEFAZIO. Mr. LARSEN of Washington, Mrs. WATSON H.R. 1043: Mr. BYRNE, Mr. SCHNEIDER, and H.R. 1943: Ms. FINKENAUER and Ms. PIN- COLEMAN, Ms. MCCOLLUM, and Mr. TED LIEU Mr. PHILLIPS. GREE. of California. H.R. 1058: Ms. STEFANIK and Mr. COSTA. H.R. 1948: Mr. WOMACK and Ms. BASS. H.R. 2482: Mr. CUMMINGS and Mr. H.R. 1074: Mr. HIGGINS of New York. H.R. 1959: Ms. GABBARD. GARAMENDI. H.R. 1092: Ms. OMAR. H.R. 1962: Mrs. HARTZLER. H.R. 2498: Mr. DEFAZIO. H.R. 1111: Mr. RASKIN, Mr. GRIJALVA, and H.R. 1982: Ms. MUCARSEL-POWELL, Mr. H.R. 2504: Mr. CALVERT and Mr. GALLEGO. ARGAS COHEN, Ms. WILSON of Florida, and Mr. Mr. V . H.R. 2505: Mr. YOHO and Mr. BUCK. ELGADO H.R. 1139: Ms. BASS. D . H.R. 2512: Mr. AUSTIN SCOTT of Georgia, H.R. 1988: Mr. FITZPATRICK. H.R. 1140: Mr. HIGGINS of New York, Mr. Mr. COLE, and Mr. WOMACK. VEASEY, Mr. VELA, and Ms. SHALALA. H.R. 2000: Ms. SLOTKIN and Mr. PERL- H.R. 2532: Mr. SIRES, Mr. CARTWRIGHT, and H.R. 1154: Mr. BACON, Mr. MALINOWSKI, and MUTTER. Mr. GALLEGO. Mr. LARSON of Connecticut. H.R. 2010: Mr. JORDAN. H.R. 2543: Mr. BUCK. ´ H.R. 1175: Mr. CROW, Ms. SANCHEZ, Mr. H.R. 2015: Mr. GROTHMAN, Mr. LAWSON of H.R. 2560: Mr. COLLINS of New York. KING of Iowa, and Mr. TED LIEU of California. Florida, and Mr. CISNEROS. H.R. 2565: Mr. MEADOWS. H.R. 1185: Mr. GREEN of Texas. H.R. 2023: Mr. KING of New York, Mr. H.R. 2571: Mr. WENSTRUP. H.R. 1210: Ms. UNDERWOOD and Ms. SERRANO, and Mr. DESJARLAIS. H.R. 2577: Mr. KHANNA and Ms. DEAN. ESCOBAR. H.R. 2055: Mr. GALLEGO. H.R. 2581: Ms. KAPTUR, Mr. GARAMENDI, and H.R. 1225: Mr. GOMEZ, Ms. BASS, and Mr. H.R. 2075: Mr. SCHIFF, Mr. DESAULNIER, and Ms. PINGREE. HASTINGS. Mr. MOULTON. H.R. 2594: Mr. SMITH of Nebraska and Ms. H.R. 1230: Mr. LEVIN of Michigan and Mr. H.R. 2076: Mr. GALLAGHER. KUSTER of New Hampshire. STAUBER. H.R. 2089: Mr. RODNEY DAVIS of Illinois, Ms. H.R. 2602: Miss RICE of New York, Mr. NAD- H.R. 1236: Mr. GRIJALVA, Ms. MENG, and DELBENE, Mr. LUETKEMEYER, Mr. CICILLINE, LER, Mrs. MCBATH, Mr. HASTINGS, Ms. Ms. CLARK of Massachusetts. Mr. HAGEDORN, and Mr. KEVIN HERN of Okla- CLARKE of New York, and Ms. WILSON of H.R. 1237: Mr. PALLONE. homa. Florida. H.R. 1256: Mr. MAST. H.R. 2091: Mr. COOPER. H.R. 2607: Mr. SCHWEIKERT. H.R. 1309: Mr. KENNEDY, Mrs. WATSON H.R. 2124: Mr. O’HALLERAN. H.R. 2616: Mr. LOWENTHAL. COLEMAN, Ms. CASTOR of Florida, Mr. SOTO, H.R. 2150: Ms. MCCOLLUM, Mr. GALLAGHER, H.R. 2617: Mr. GRIJALVA and Mr. KIM. Ms. SPANBERGER, Miss RICE of New York, and and Mr. PRICE of North Carolina. H.R. 2629: Mr. PAPPAS. Mrs. DEMINGS. H.R. 2151: Mr. ZELDIN, Mr. ESPAILLAT, Mr. H.R. 2635: Ms. KELLY of Illinois, Ms. H.R. 1327: Ms. LEE of California, Ms. HER- COLLINS of New York, Mr. SUOZZI, and Ms. ADAMS, Ms. CLARKE of New York, Ms. WILSON RERA BEUTLER, Mr. COLLINS of Georgia, Mr. MENG. of Florida, Mr. JOHNSON of Georgia, Mr. CLINE, Mr. LARSEN of Washington, and Mr. H.R. 2187: Mr. PETERS. LEWIS, Mrs. WATSON COLEMAN, Mr. PAYNE, JOHNSON of Ohio. H.R. 2199: Mr. DESAULNIER. Mr. THOMPSON of Mississippi, Mr. RICHMOND, H.R. 1373: Ms. DELBENE, Mr. STANTON, Mr. H.R. 2200: Mr. BYRNE. and Ms. LEE of California. TONKO, Mr. KENNEDY, and Mr. PALLONE. H.R. 2207: Mr. SIRES and Mr. GRAVES of H.R. 2639: Mrs. BEATTY, Mr. BUTTERFIELD, H.R. 1375: Mr. GOLDEN. Georgia. Ms. JAYAPAL, Mr. DESAULNIER, Mr. GRI- H.R. 1379: Mr. KIND, Mr. PERLMUTTER, and H.R. 2218: Mr. UPTON, Mr. DELGADO, Mr. JALVA, Ms. SCANLON, Ms. OMAR, Ms. SCHA- Ms. GABBARD. COHEN, and Mr. WATKINS. KOWSKY, Mr. RICHMOND, Mr. LEVIN of Michi- H.R. 1380: Mrs. BEATTY and Mrs. FLETCHER. H.R. 2219: Mrs. HARTZLER. gan, Ms. CLARKE of New York, Mr. TRONE, H.R. 1397: Mr. WRIGHT. H.R. 2235: Mr. COLLINS of New York and Mr. Mr. DANNY K. DAVIS of Illinois, Ms. WILSON H.R. 1406: Mr. YOHO and Mr. COOK. GARAMENDI. of Florida, Mr. NEGUSE, Ms. NORTON, Ms. H.R. 1424: Mr. COLE and Mr. OLSON. H.R. 2245: Ms. LOFGREN, Mr. HUFFMAN, Ms. WILD, Ms. BLUNT ROCHESTER, Mr. COURTNEY, H.R. 1432: Mrs. RADEWAGEN. KUSTER of New Hampshire, and Ms. LEE of Mr. CLAY, Mr. GALLEGO, Mrs. HAYES, Mr. H.R. 1434: Mrs. RODGERS of Washington. California. COHEN, and Ms. ADAMS. H.R. 1446: Mr. LOWENTHAL. H.R. 2249: Mr. COLE. H.R. 2683: Mr. MCGOVERN. H.R. 1452: Mr. MCADAMS. H.R. 2252: Mr. CISNEROS. H.R. 2684: Ms. ROYBAL-ALLARD and Mr. H.R. 1454: Mr. SUOZZI. H.R. 2253: Mr. CISNEROS. RASKIN. H.R. 1507: Mr. LOWENTHAL. H.R. 2254: Mr. CISNEROS. H.R. 2692: Mr. RUSH, Mr. GARAMENDI, Ms. H.R. 1530: Ms. MENG, Ms. JOHNSON of Texas, H.R. 2256: Mr. CASE. MATSUI, Mr. HUFFMAN, Mr. THOMPSON of Mrs. BEATTY, Mr. ZELDIN, and Mr. COSTA. H.R. 2257: Mr. CISNEROS. California, Ms. PINGREE, Ms. FINKENAUER, H.R. 1597: Mr. LEWIS and Mr. NORCROSS. H.R. 2279: Mr. RASKIN, Ms. HERRERA and Mr. COSTA. H.R. 1605: Mr. BUCSHON and Mr. CURTIS. BEUTLER, Mr. TURNER, Mr. KINZINGER, Mr. H.R. 2698: Mr. CUELLAR, Mr. TRONE, Mr. H.R. 1607: Mr. RUSH. SCHIFF, Mr. VISCLOSKY, Mr. LEVIN of Michi- COOPER, Mr. MORELLE, Ms. TORRES SMALL of H.R. 1610: Mr. CUNNINGHAM. gan, Mr. CLAY, Mr. KRISHNAMOORTHI, Mr. New Mexico, and Mr. CA´ RDENAS.

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H.R. 2700: Mr. MARSHALL, Ms. STEFANIK, H. Res. 134: Mr. MORELLE and Mr. H. Res. 326: Mr. MCGOVERN, Mr. COURTNEY, Mr. LOUDERMILK, Mr. HAGEDORN, and Mr. ESPAILLAT. Ms. DELAURO, Mr. COX of California, Mr. DIAZ-BALART. H. Res. 137: Mr. VISCLOSKY. ESPAILLAT, Mr. MEEKS, and Mr. CICILLINE. H.R. 2708: Mr. MOULTON. H. Res. 179: Mr. ROUDA. H. Res. 350: Mr. GROTHMAN, Mr. WRIGHT, H.R. 2720: Ms. KUSTER of New Hampshire, H. Res. 230: Ms. KUSTER of New Hampshire, and Mr. NORMAN. Mr. KENNEDY, and Mr. LAWSON of Florida. Mrs. TORRES of California, and Mr. LEVIN of H. Res. 354: Ms. MATSUI, Mr. KIND, Ms. H.R. 2727: Mrs. KIRKPATRICK. California. SHERRILL, Ms. BONAMICI, Ms. ESCOBAR, Mrs. H.R. 2748: Mr. ROUDA. H. Res. 246: Mr. LARSON of Connecticut and LURIA, Ms. PORTER, Mrs. MURPHY, Ms. CAS- H.R. 2754: Mr. JOHNSON of Georgia. Ms. TORRES SMALL of New Mexico. TOR of Florida, Ms. FINKENAUER, and Ms. H.R. 2777: Mr. FITZPATRICK. H. Res. 250: Mr. ROUDA. TORRES SMALL of New Mexico. H.J. Res. 2: Mrs. DEMINGS. H. Res. 285: Mr. BLUMENAUER, Mr. CART- H. Res. 371: Ms. HAALAND. H.J. Res. 58: Mr. CISNEROS. WRIGHT, Mr. CARBAJAL, Mr. GONZALEZ of H. Res. 374: Mr. LOUDERMILK, Mrs. H. Con. Res. 39: Mr. VISCLOSKY. Texas, Mr. CRIST, Ms. STEVENS, Mr. WALORSKI, Mr. COLLINS of New York, Mr. H. Res. 33: Mrs. FLETCHER and Mr. GOTTHEIMER, Mr. VELA, Mr. PAPPAS, Mr. BILIRAKIS, Mr. SHIMKUS, Mr. RODNEY DAVIS BUTTERFIELD. DUNN, and Mr. O’HALLERAN. of Illinois, Mr. MAST, Mr. MARSHALL, and Mr. H. Res. 60: Mrs. NAPOLITANO. H. Res. 321: Ms. OMAR and Ms. LOFGREN. YOHO.

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Vol. 165 WASHINGTON, THURSDAY, MAY 16, 2019 No. 82 Senate The Senate met at 10 a.m. and was with respect to payments to certain public SEC. 3. DEFINITIONS FOR THE PURPOSES OF THE called to order by the President pro safety officers who have become perma- PUBLIC SAFETY OFFICERS’ DEATH BENEFITS PROGRAM. tempore (Mr. GRASSLEY). nently and totally disabled as a result of per- sonal injuries sustained in the line of duty, Section 1204 of title I of the Omnibus Crime f and for other purposes. Control and Safe Streets Act of 1968 (34 U.S.C. 10284) is amended— PRAYER There being no objection, the Senate (1) by striking paragraph (1) and inserting the The Chaplain, Dr. Barry C. Black, of- proceeded to consider the bill, which following: fered the following prayer: had been reported from the Committee ‘‘(1) ‘catastrophic injury’ means an injury, Let us pray. on the Judiciary, with an amendment the direct and proximate consequences of to strike all after the enacting clause which— Redeemer and friend, the fountain of ‘‘(A) permanently prevent an individual from wisdom and strength, we borrow our and insert in lieu thereof the following: performing any gainful work; or heartbeats from You. Today, guide our SECTION 1. SHORT TITLE. ‘‘(B) cause an individual to become— Senators to new heights of achieve- This Act may be cited as the ‘‘Protecting ‘‘(i) paraplegic; ment, providing them with robust America’s First Responders Act’’. ‘‘(ii) quadriplegic; or health, faith for their perplexities, and ‘‘(iii) blind;’’; SEC. 2. PAYMENT OF DEATH AND DISABILITY (2) in paragraph (3), in the matter preceding light for the path ahead. BENEFITS UNDER THE PUBLIC SAFE- Lord, give them fulfillment as they subparagraph (A), by striking ‘‘at the time of TY OFFICERS’ DEATH BENEFITS PRO- the public safety officer’s fatal or catastrophic GRAM. strive to be instruments of Your provi- injury’’ and inserting ‘‘as of the date of the dence. Supply their needs according to Section 1201 of title I of the Omnibus Crime public safety officer’s death from a fatal injury Your riches in glory, giving them the Control and Safe Streets Act of 1968 (34 U.S.C. or the date of determination of the public safety serenity to accept what can’t be 10281) is amended— officer’s disability from a catastrophic injury’’; changed, the courage to change what (1) in subsection (b), by striking the period at (3) in paragraph (4), by inserting ‘‘, including they can, and the wisdom to know one the end and inserting the following: ‘‘, unless an individual who, in the capacity of the indi- from the other. Bring them to the end the claim under this subsection has been pend- vidual as such a member, engages in scene secu- of this day with satisfied hearts and ing for more than 1 year, in which case the rity or traffic management as the primary or amount payable shall be the amount that would only duty of the individual during emergency clear consciences. be payable if the catastrophic injury occurred response’’ before the semicolon; We pray in Your strong Name. Amen. on the date on which the Bureau makes a final (4) by redesignating paragraphs (5) through f determination that the public safety officer is (9) as paragraphs (6) through (10), respectively; entitled to a benefit payment under this sub- and PLEDGE OF ALLEGIANCE section.’’; (5) by inserting after paragraph (4) the fol- The President pro tempore led the (2) in subsection (c), by striking ‘‘$3,000’’ and lowing: Pledge of Allegiance, as follows: inserting ‘‘$6,000, adjusted in accordance with ‘‘(5) ‘gainful work’— subsection (h),’’; ‘‘(A) means any activity usually performed for I pledge allegiance to the Flag of the pay or profit, regardless of whether a profit is United States of America, and to the Repub- (3) in subsection (h), by inserting ‘‘and the realized; and lic for which it stands, one nation under God, level of the interim benefit payable immediately ‘‘(B) does not include work performed in a sit- indivisible, with liberty and justice for all. before such October 1 under subsection (c)’’ uation in which, after an individual sustains an The PRESIDING OFFICER (Mrs. after ‘‘subsection (a)’’; injury— HYDE-SMITH). The Senator from Iowa. (4) by striking subsection (i) and inserting the ‘‘(i) the individual— following: ‘‘(I) re-enters the workforce; and f ‘‘(i) The amount payable under subsection (a), ‘‘(II) leaves the workforce after less than 90 PROTECTING AMERICA’S FIRST with respect to the death of a public safety offi- days because of the inability of the individual to RESPONDERS ACT cer, shall be the greater of— overcome the injury; ‘‘(1) the amount payable under that sub- ‘‘(ii) because of the injury— Mr. GRASSLEY. Madam President, I ‘‘(I) the individual is permitted, in carrying section as of the date of death of the public ask unanimous consent that the Sen- out work, to— safety officer; or ate proceed to the immediate consider- ‘‘(aa) perform at a lower standard of produc- ation of Calendar No. 83, S. 1208. ‘‘(2) the amount that would be payable under tivity or efficiency than other similarly situated that subsection if the death of the public safety employees; The PRESIDING OFFICER. The officer occurred on the date on which the Bu- clerk will report the bill by title. ‘‘(bb) work irregular hours; or reau makes a final determination that the pub- ‘‘(cc) take frequent rest periods; or The senior assistant legislative clerk lic safety officer is entitled to a benefit payment ‘‘(II) the individual is only able to work with- read as follows: under that subsection.’’; and in a framework of specially arranged cir- A bill (S. 1208) to amend the Omnibus (5) in subsection (m), by inserting ‘‘, (b),’’ cumstances, such as a circumstance in which 1 Crime Control and Safe Streets Act of 1968 after ‘‘subsection (a)’’. or more other individuals are required to assist

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

S2893

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DUE DILIGENCE IN PAYING BENEFIT eling to and from work; meaning given the term in section 1204 of title I CLAIMS UNDER THE PUBLIC SAFETY ‘‘(iii)(I) the individual practices a hobby usu- of the Omnibus Crime Control and Safe Streets OFFICERS’ DEATH BENEFITS PRO- ally performed for pay or profit, regardless of Act of 1968 (34 U.S.C. 10284); and GRAM. whether a profit is realized; and (6) the term ‘‘Public Safety Officers’ Death Section 1206(b) of title I of the Omnibus Crime ‘‘(II) the primary intent of the individual in Benefit Program’’ means the program estab- Control and Safe Streets Act of 1968 (34 U.S.C. practicing the hobby described in subclause (I)— lished under part L of title I of the Omnibus 10288(b)) is amended by striking ‘‘the Bureau ‘‘(aa) is physical, mental, or emotional reha- Crime Control and Safe Streets Act of 1968 (34 may not’’ and all that follows and inserting the bilitation of the individual from the injury; and U.S.C. 10281 et seq.). following: ‘‘the Bureau— ‘‘(bb) is not realization of profit; or (b) APPLICABILITY.—The amendments made by ‘‘(1) shall use all available investigative tools, ‘‘(iv) the individual is given the opportunity sections 2 and 3 shall apply to a death or dis- including subpoenas, to— to work— ability of a public safety officer sustained as the ‘‘(A) expedite the processing of the benefit ‘‘(I) despite the injury of the individual; and direct or proximate result of a personal injury claim; and sustained in the line of duty— ‘‘(II) on the basis of— ‘‘(B) obtain necessary information or docu- (1) subject to subsection (c), during the cov- ‘‘(aa) a family relationship of the individual; mentation from third parties, including public ered period; or ‘‘(bb) a past association of the individual with agencies; and the employer giving the individual the oppor- (2) on or after the date of enactment of this ‘‘(2) may not abandon the benefit claim unless tunity to work; or Act. the Bureau has used the investigative tools ‘‘(cc) any other altruistic reason;’’. (c) PAYMENT.— (1) IN GENERAL.—Subject to paragraph (2), available to the Bureau to obtain the necessary SEC. 4. RETROACTIVE APPLICABILITY. upon application of a covered individual, cov- information or documentation, including sub- (a) DEFINITIONS.—For the purposes of this ered beneficiary, or covered claimant, the Bu- poenas.’’. section— reau of Justice Assistance shall make a lump (1) the term ‘‘covered beneficiary’’ means an SEC. 6. EDUCATIONAL ASSISTANCE TO DEPEND- sum payment to the covered individual, covered ENTS OF PUBLIC SAFETY OFFICERS individual who— beneficiary, or covered claimant in the amount KILLED OR DISABLED IN THE LINE (A) is, or was, a child or spouse of a covered equal to the difference, if any, between— OF DUTY. individual described in paragraph (3)(B); and (A) in the case of a covered individual— Section 1216(b) of title I of the Omnibus Crime (B) would have been eligible for educational (i) the amount of the total benefit payment Control and Safe Streets Act of 1968 (34 U.S.C. assistance under subpart 2 of part L of title I of the covered individual would have received 10306(b)) is amended, in the first sentence, by the Omnibus Crime Control and Safe Streets Act under the Public Safety Officers’ Death Benefit striking ‘‘may’’ and inserting ‘‘shall’’. of 1968 (34 U.S.C. 10301 et seq.) if the amend- Program as of the date of the lump sum pay- SEC. 7. COLLECTION OF DATA ON KILLED OR DIS- ments made by section 3 of this Act had been in ment, if the amendments made by sections 2 and effect on the date on which the determination ABLED LAW ENFORCEMENT OFFI- 3 had been in effect on the date on which the CERS. described in paragraph (3)(B)(i) of this sub- covered individual— Section 534(a) of title 28, United States Code, section was made; (I) received the final benefit payment under is amended— (2) the term ‘‘covered claimant’’ means an in- the Public Safety Officers’ Death Benefit Pro- dividual who is a claimant on the estate of a de- gram; or (1) in paragraph (3), by striking ‘‘and’’ at the ceased covered individual— (II) was determined to be ineligible for a ben- end; (A) described in paragraph (3)(B); and efit payment under section 1201(b) of title I of (2) in paragraph (4), by striking the period at (B) who died on or before the date of enact- the Omnibus Crime Control and Safe Streets Act the end and inserting ‘‘; and’’; and ment of this Act; of 1968 (34 U.S.C. 10281(b)); and (3) by adding at the end the following: (3) the term ‘‘covered individual’’ means— (ii) the amount of the total benefit payment ‘‘(5) operate a central clearinghouse for statis- (A) a beneficiary of a benefit under the Public the covered individual received under the Public tics on law enforcement officers under the Uni- Safety Officers’ Death Benefit Program that Safety Officers’ Death Benefit Program before form Crime Reporting Program, including data was paid— the date of enactment of this Act; on law enforcement officers who, while per- (i) with respect to a death or disability of a (B) in the case of a covered beneficiary, the forming their duties, were— public safety officer sustained as the direct or amount of the total benefit payment the covered ‘‘(A) feloniously killed; proximate result of a personal injury sustained beneficiary would have received under subpart 2 in the line of duty; and of part L of title I of the Omnibus Crime Control ‘‘(B) accidentally killed; (ii) during the covered period; or and Safe Streets Act of 1968 (34 U.S.C. 10301 et ‘‘(C) feloniously assaulted; or (B) a public safety officer who— seq.) if the amendments made by section 3 of ‘‘(D) severely and permanently disabled.’’. (i) was determined during the covered period this Act had been in effect on the date on which SEC. 8. GAO REPORT ON MEDICAL COSTS. to be ineligible for a benefit payment under sec- the determination described in subsection tion 1201(b) of title I of the Omnibus Crime Con- (a)(3)(B)(i) of this section was made; and (a) DEFINITION.—In this section, the term trol and Safe Streets Act of 1968 (34 U.S.C. (C) in the case of a covered claimant, the ‘‘disabled officer’’ means a public safety officer 10281(b)); and amount of the total benefit payment the covered to whom a benefit is payable under subpart 1 of (ii) would have been eligible for a benefit pay- individual on whose estate the covered claimant part L of title I of the Omnibus Crime Control ment under subpart L of that title due to the is a claimant would have received under the and Safe Streets Act of 1968 (34 U.S.C. 10281 et disability of the public safety officer if the Public Safety Officers’ Death Benefit Program seq.) based on the permanent and total dis- amendments made by section 3 had been in ef- as of the date of the lump sum payment, if the ability of the officer, as described in section fect on the date on which the determination de- amendments made by sections 2 and 3 had been 1201(b) of that subpart (34 U.S.C. 10281(b)). scribed in clause (i) was made; in effect on the date on which the determination (b) REPORT.—Not later than 180 days after the (4) the term ‘‘covered period’’ means the pe- described in subsection (a)(3)(B)(i) of this sec- date of enactment of this Act, the Comptroller riod— tion was made. General of the United States shall submit to the (A) beginning on the date of enactment of title (2) APPLICATION.—A covered individual, cov- Committee on the Judiciary of the Senate and XIII of the Crime Control Act of 1990 (Public ered beneficiary, or covered claimant desiring a the Committee on the Judiciary of the House of Law 101–647; 104 Stat. 4834); and lump sum payment under paragraph (1) shall Representatives a report that estimates the aver- (B) ending on the day before the date of en- apply to the Bureau of Justice Assistance for age medical costs incurred by a disabled officer actment of the Protecting America’s First Re- such lump sum payment not later than 3 years over the lifetime of the officer after sustaining sponders Act; after the date of enactment of this Act. the injury that caused the disability.

VerDate Sep 11 2014 17:58 May 21, 2019 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD19\MAY\S16MY9.REC S16MY9 May 16, 2019 CONGRESSIONAL RECORD — SENATE S2895 Mr. GRASSLEY. Madam President, I the President’s abundantly qualified So I would urge my colleagues to join ask unanimous consent that the com- picks to fill vacancies in the executive me in voting to confirm each of these mittee-reported amendment be agreed branch and in the judiciary. three well-qualified nominees for Fed- to and the bill, as amended, be consid- First, we will vote on Wendy Vitter eral service. ered read a third time. of Louisiana, who has been nominated The PRESIDING OFFICER. Is there to be a U.S. district court judge for the f objection? Eastern District of Louisiana. Ms. Without objection, it is so ordered. Vitter’s impressive legal career in- ECONOMIC GROWTH The committee-reported amendment cludes experience in private practice was agreed to. and a decade in the Orleans Parish Dis- Mr. MCCONNELL. Madam President, on another matter, this week I have The bill was ordered to be engrossed trict Attorney’s Office, where she han- been discussing the stark contrast be- for a third reading and was read the dled more than 100 felony jury trials. tween the remarkable opportunity third time. Ms. Vitter has been favorably reported economy that Republican policies have Mr. GRASSLEY. Madam President, I twice by our colleagues on the Judici- helped to unlock for the middle class know of no further debate on the bill, ary Committee. I would urge every one and my Democratic colleagues’ hard as amended. of our colleagues to vote to confirm her turn toward far-left ideas that would The PRESIDING OFFICER. Is there today. stifle all the progress. Our colleagues further debate? Following the Vitter nomination, we across the aisle, particularly over in Hearing none, the bill having been will turn to Brian Bulatao, nominated the House, have given top billing to the read the third time, the question is, to serve as Under Secretary of State legislation that would end Medicare as Shall the bill pass? for Management. As I have mentioned, seniors know it, eliminate every pri- The bill (S. 1208), as amended, was the job description is essentially that of chief operating officer at the State vate healthcare plan American families passed as follows: have chosen to meet their needs, and (The bill (S. 1208) is printed in the Department, ensuring that tens of thousands of diplomats, civil servants, replace all of it—all of it—with a one- RECORD of Monday, May 20, 2019.) and staff are provided for and a host of size-fits-all, government-run insurance Mr. GRASSLEY. Madam President, I important missions around the world system while piling heavy taxes on the ask unanimous consent that the mo- can actually be carried out. middle class. And, of course, they have tion to reconsider be considered made Fortunately, we have a strong nomi- touted a proposal to drop an anvil—an and laid upon the table. nee who is up to the task. Mr. Bulatao anvil—on a high-speed U.S. economy The PRESIDING OFFICER. Without is a graduate of West Point and Har- and shove a host of new Federal rules objection, it is so ordered. vard Business School. After service in between American citizens and their Mr. GRASSLEY. I yield the floor. the Army, he founded a business and everyday life choices—all in the name f worked in financial management be- of going ‘‘green.’’ Now, most of my colleagues across RECOGNITION OF THE MAJORITY fore entering public service as chief op- the aisle know full well what would LEADER erating officer at the CIA. In Chairman RISCH’s assessment, he happen if the supposed Green New Deal The PRESIDING OFFICER. The ma- is ‘‘eminently qualified.’’ Our col- actually became reality. They know jority leader is recognized. leagues on the Foreign Relations Com- what winding down our affordable f mittee certainly agree, having favor- forms of domestic energy and the mil- ably reported his nomination with no lions of jobs that support their produc- NOMINATIONS opposition. tion would do to a U.S. economy that Mr. MCCONNELL. Madam President, It has been 11 long months since the is currently firing on all cylinders. yesterday the Senate voted to confirm Senate first received his nomination— They know what turning families’ own Kenneth Lee of California to serve as a 11 months. I am glad that today we will choices about where to live, what to U.S. circuit court judge for the Ninth finally be able to put partisan delay be- drive, and how to make a living into Circuit. Yet another well-qualified hind us and get the nominee confirmed. Washington, DC’s official business nominee will now bring impressive Finally, the Senate will vote today would mean for the historic levels of legal experience and fine academic cre- on the nomination of Jeffrey Rosen to job opportunities and the wage growth dentials to the job of upholding the serve as Deputy Attorney General. As I that we have seen over the past 2 years. rule of law as a Federal judge. have discussed earlier in the week, the All of that would come to a screeching Mr. Lee is far from the only nominee President has chosen a nominee with a halt. to an important position whom the rock-solid legal reputation who served Remember, our Democratic col- Senate confirmed this week. with distinction as the Deputy Sec- leagues tried to claim this outlandish On Tuesday we confirmed Michael retary of Transportation and who proposal—this truly outlandish pro- Truncale of Texas to the Federal bench would be a clear asset to the Depart- posal—was just a conversation starter in the Eastern District of Texas, and ment of Justice and to the Nation in from the farthest left fringes. But, today we will consider three more of this new capacity. then, push came to shove. Then, the

VerDate Sep 11 2014 17:58 May 21, 2019 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD19\MAY\S16MY9.REC S16MY9 S2896 CONGRESSIONAL RECORD — SENATE May 16, 2019 American people really saw the score cers are a special breed. They willingly Many Members of Congress are safe because we brought the thing up for a rush into danger and put their lives on today because of the actions of those vote. Right here on this floor we had the line for the rest of us. That is not two police officers. the vote, and only 4 out of 47 Senate a natural human instinct, to rush into Here in the United States, we are Democrats actually voted no. Only 4 of danger. Most of us are inclined to run blessed with a peace and a safety that the 47 voted against this plan to bring away from danger. But police officers is denied to many around the world. It our economy to a screeching halt. do the opposite. They not only stand is important to remember that one of Forty-three of our Democratic col- their ground in the face of danger; they the big reasons most of us are able to leagues couldn’t bring themselves— walk into the midst of it to protect the live free from fear is because of the couldn’t bring themselves—to vote rest of us. countless police officers on duty even against this—not even as Repub- A centerpiece of National Police around our country. They are there 24 lican policies, taking the exact oppo- Week is Peace Officers Memorial Day, hours a day, 7 days a week, 365 days a site approach, have helped the U.S. job which commemorates the sacrifices of year, ready to step between us and dan- market to drive unemployment lower all of those who have given their lives ger. We owe these dedicated men and than it has been in half a century— in the line of duty. Last year, more women a very great debt. lower than it has been in half a cen- than 100 police officers were killed in As we observe Police Week, I want to tury. They want to bring all of that to the line of duty. It is a powerful re- say thank you. Thank you to the police a screeching halt—not even as 19 dif- minder that being a police officer is a officers who serve across our country. ferent States have hit new record low dangerous job. USA TODAY reports Thank you to their families, who also State unemployment rates in just the that 10 percent of police officers are as- sacrifice so that the rest of us can live year and a half since Republicans saulted every year—10 percent. Police in safety. A special thank-you to the passed comprehensive tax reform. officers never know what they are Capitol Police and the police officers Well, I have good news for the Amer- going to face when they respond to a who keep the peace back home in ican people. This Republican majority call, but they go in anyway. South Dakota. May God bless each of is going to keep fighting for you. We Serving in law enforcement can take you. will not let these far-left dreams get in a toll. Police officers—particularly I yield the floor. the way of more progress for middle- those who specialize in investigating The PRESIDING OFFICER. The Sen- class families. and responding to the worst crimes— ator from Pennsylvania. have to see a lot of evil on a daily Mr. CASEY. Madam President, I ask f basis. It is yet another way they pro- unanimous consent to speak as in RESERVATION OF LEADER TIME tect the rest of us. They face evil so morning business. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under that we don’t have to. Yet, despite all objection, it is so ordered. the previous order, the leadership time they do, they don’t line up to be is reserved. thanked. The police officers I meet NOMINATIONS tend to minimize their contributions. Mr. CASEY. Madam President, I f ‘‘I am just doing my job’’ is a pretty come to the floor again this morning to CONCLUSION OF MORNING frequent refrain. discuss several judicial nominations BUSINESS A lot of us don’t interact with the po- considered by the Senate this week. lice very frequently. We don’t often see Earlier this week, the Senate voted The PRESIDING OFFICER. Morning the work they do to keep our towns to confirm Michael Truncale to the business is closed. and our cities safe. But being in Con- Eastern District of Texas and Kenneth f gress has given me a chance to interact Lee to the Ninth Circuit Court of Ap- EXECUTIVE SESSION with police officers on a daily basis. peals seat in California, and today we The U.S. Capitol Building and the con- will be voting on the nomination of gressional office buildings, where I Wendy Vitter to the Eastern District of EXECUTIVE CALENDAR work, are protected by the men and Louisiana. women of the U.S. Capitol Police. I see The Senate is considering and con- The PRESIDING OFFICER. Under them every day, manning security firming nominees whose records indi- the previous order, the Senate will pro- checkpoints, directing traffic, standing cate they are far outside the main- ceed to executive session to resume on guard outside in the blazing Sun or stream. I have worked very hard over a consideration of the following nomina- the cold rain, responding to incidents, number of years now—I guess we are in tion, which the clerk will report. and protecting dignitaries and visitors. our eighth year—working with Senator The senior assistant legislative clerk I know there is a lot they do that I TOOMEY, to fill district court vacancies read the nomination of Wendy Vitter, don’t see, too—the countless things in Pennsylvania with well-qualified of Louisiana, to be United States Dis- that go into keeping the Capitol Com- and experienced judges whom I believe trict Judge for the Eastern District of plex and the thousands of people who will be able to set aside their ideologies Louisiana. work and visit here safe from threats. or personal beliefs and apply the law to Mr. MCCONNELL. I suggest the ab- I was in the Longworth House Office the cases before them. But I do not sence of a quorum. Building on September 11, 2001, when have the same confidence in many of The PRESIDING OFFICER. The the planes hit the Pentagon and the the nominees before this body today clerk will call the roll. Twin Towers. Once it became clear and especially the nominees we are The senior assistant legislative clerk that our Nation was, in fact, under at- considering. proceeded to call the roll. tack, the entire Capitol Complex was I will go in the order that I men- Mr. THUNE. Madam President, I ask evacuated. People were rushing, run- tioned before—first, Michael Truncale, unanimous consent that the order for ning out of the buildings. Do you know then Kenneth Lee, and Wendy Vitter. I the quorum call be rescinded. who wasn’t running? The Capitol Po- believe that in all three cases, all are The PRESIDING OFFICER. Without lice. They weren’t going anywhere not mainstream conservatives. Their objection, it is so ordered. until they were sure that all of us had backgrounds and records are very po- NATIONAL POLICE WEEK gotten out. litical, and they have long records of Mr. THUNE. Madam President, this Since I became whip, I have gotten to advocating for certain positions on week is National Police Week—a know a number of the outstanding issues that may come before them as chance to reflect on the sacrifices of plainclothes police officers who protect either a U.S. district court judge or an our Nation’s police officers and to Members of leadership. It was two appellate judge. thank them for everything they do on members of the Capitol Police security First of all, Mr. Truncale has advo- our behalf. detail who stepped into the line of fire cated strongly for the repeal of the Af- Yesterday, I spoke on the floor about at the Republicans’ baseball practice fordable Care Act, which provided Military Appreciation Month. Like two summers ago and prevented a ter- healthcare coverage and critical pa- members of the military, police offi- rible day from becoming much worse. tient protections for 20 million people

VerDate Sep 11 2014 00:32 May 17, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.003 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2897 in terms of coverage and tens of mil- case, eviscerating a precedent that was outlines of its plan for immigration re- lions more in terms of protection. relied upon by public sector unions and form. Truth be told, the reported White He said that the Affordable Care Act their governmental employers all over House plan isn’t a serious attempt at would ‘‘lead to the rationing of the country. I believe the next step by immigration reform. If anything, it is a healthcare.’’ He has personally advo- the far right and by this court and political document that is anti-immi- cated for abolishing the Department of maybe by the Supreme Court and gration reform. It repackages the same Education, and he used false, un- maybe in another court would be to partisan, radical, anti-immigrant poli- founded claims of voter fraud to sup- make illegal the very right to organize cies that the administration has port voter ID laws that disproportion- for wages and benefits. I hope I am pushed for 2 years, all of which have ately affect low-income voters and wrong about that, but I believe that is struggled to earn even a simple major- communities of color. the logical next step for the right. ity in the Senate, let alone 60 votes. Second, Kenneth Lee was confirmed Just this week, a conservative major- The hands of Stephen Miller are all over the objections of both California ity of the Supreme Court overturned a over this plan, and, of course, he had a Senators, Senator HARRIS and Senator 40-year precedent regarding States’ watchful eye when other administra- FEINSTEIN—Senator FEINSTEIN, in this sovereign immunity in the courts of tion officials came into the Republican case, being the ranking member of the other States. In the last line of his dis- lunch yesterday and talked about it. sent, Justice Breyer sounded alarm Judiciary Committee, the very com- The plan they put together holds im- mittee that considers judges. Mr. Lee bells about this kind of judicial activ- ism from the right, saying: ‘‘Today’s migration precisely at current levels, has a litany of writings that include of- meaning that for every new immigrant fensive statements about immigrants, decision can only cause one to wonder which cases the court will overrule the plan potentially lets in, it must people of color, and LGBT Americans. kick one out. What kind of logic is He has strongly opposed affirmative ac- next.’’ He is right. We no longer know what that? What kind of harebrained logic is tion policies that help make our insti- is civil law and what could be up for de- that—the idea that for every immi- tutions of higher learning more di- bate. We thought that Abood was set- grant you help you have to hurt an- verse, and it is very possible that he tled law in the context of labor unions other? How arbitrary. How simplistic. may consider matters relating to these and the right to organize or an issue How cruel. It is like the Procrustean policies as a member of the Ninth Cir- related to the right to organize. We bed of immigration policy. cuit. thought the Voting Rights Act was set- We need immigrants in America. Our Finally, Wendy Vitter has virtually tled law. labor force is declining. If you go to no Federal trial court experience, has a This week we mark the 65th anniver- businesses at the high end, the middle long record of opposing contraception, sary of Brown v. Board of Education, a end, and the low end, they say their and has promoted false information unanimous Supreme Court decision greatest problem is a lack of workers. about the safety of oral contraceptives. holding that segregation in our public And we come up with a policy like These views are not only outside of the school system, in addition to being a this? Make no mistake about it. It is mainstream—the judicial or legal profound moral failure, was a violation cruel and inhumane, but it also hurts mainstream—but they are also not sup- of our Constitution. I would hope—we our economy significantly. If you don’t ported by science. all would hope that Brown v. Board of believe me, talk to business leaders— I don’t believe these nominees will be Education would remain rock solid set- any business leader you know. able to set aside their personal views tled law. Yet, because of what we have Shockingly, the White House’s immi- and apply relevant precedent, and my seen in the last couple of years with concern is compounded by recent ef- gration proposal fails to deal with this Court, we must stay vigilant. We Dreamers or the 11 million undocu- forts by conservative jurists to over- cannot let civil rights that Americans turn longstanding precedents. Most mented immigrants now living in the fought for and earned and have cher- United States. The White House Press Americans thought that the Voting ished for decades be chipped away by Rights Act, which for decades pro- Secretary said Dreamers were ‘‘left out extreme judicial nominees who hold in- on purpose.’’ What does that say about tected the franchise for Americans of superable political and policy pref- color, particularly Black Americans, the administration? That goes to the erences. root of what is wrong with this admin- was a foundational, almost untouch- I oppose the nominees that the Sen- istration’s approach to immigration. If able statute. But in 2013, the conserv- ate has considered this week, and I will they think they can repeat what they ative majority of the Supreme Court, continue to oppose extreme nominees failed to do in the past, if they try to which has gotten only more conserv- to our Federal courts. ative, moved to the right even more. I yield the floor to the distinguished repeat it, saying ‘‘OK, we will let That Court, the Supreme Court, gutted Democratic leader. Dreamers in, but you accept a whole lot of bad things,’’ which is why immi- the protections of the Voting Rights RECOGNITION OF THE MINORITY LEADER Act in the Shelby County v. Holder The PRESIDING OFFICER. The gration reform failed last time, last case. Democratic leader is recognized. year, it ain’t happening. It ain’t hap- pening. Just last year, in the Janus decision, HEALTHCARE the Supreme Court overturned a four- Mr. SCHUMER. Madam President, I I would say two things. If you are decades-old precedent in the Abood thank my colleague Senator CASEY for, going to do major immigration reform case that allowed public sector unions as usual, his thoughtful, erudite, on- through Congress, you are going to to collect nonpolitical, so-called fair the-money remarks—this time about need bipartisan support. That means share fees to cover the costs of negotia- judges. I am going to talk about that you sit down and talk to Democrats. tions that benefit all workers. So you in a minute. Four of us on the Democratic side and have the union doing the work, and the We see something happening here. We four of us on the Republican side in the law allowed them, for four decades, to see State after State trying to repeal Gang of 8 spent hours and weeks and charge other employees who benefit Roe. When we ask our Republican col- months together and carved together a from the work of the union, and the leagues directly ‘‘Do you want to ap- bill that got overwhelming support Supreme Court struck that down. peal Roe?’’ they are usually silent. from Democrats and Republicans in Pennsylvania passed a similar law in Their votes on judges say they do, and this Chamber and was overwhelmingly the 1980s, which has been the law of the that is what they are doing. The voters supported by the American people and land in Pennsylvania for years. It was should hold them accountable. I will still is. I think 68 percent still support signed into law in the late 1980s by my get to that more in a minute, but I comprehensive immigration reform. father when he was serving as Gov- wanted to follow up on the remarks But what does the White House do? ernor, so that is an important issue in about judges by my good friend from Typically, they put together their own Pennsylvania for working men and Pennsylvania. plan—Stephen Miller, chief cook and women. IMMIGRATION bottle washer—and they say that The conservative majority of the Su- Madam President, yesterday, the Democrats should support this. Ain’t preme Court overturned the Abood Trump administration released the happening.

VerDate Sep 11 2014 00:32 May 17, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.004 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2898 CONGRESSIONAL RECORD — SENATE May 16, 2019 No consultation, no nothing—that is understanding of what President in the plaintiff’s shoes and the defend- not the way you would go about put- Trump and Republicans in Congress ant’s shoes, and then come up with a ting together a bill that you really plan to do. decision that is governed by existing want to pass. That is not the way to go Yesterday, I called on Acting Sec- law. These people are ideologues, many about things if you really want to solve retary of Defense Shanahan and Chair- of them stooges and acolytes for the our immigration problem. man of the Joint Chiefs Dunford to tes- Federalist Society. Now we have in When Stephen Miller, one of the tify publicly before the Armed Services Alabama the most radical anti-abor- President’s most virulently anti-immi- Committee so that the American peo- tion bill in the country, inviting a grant advisers, is in the room crafting ple can at least get an idea of what is challenge to Roe v. Wade in the courts. an immigration plan, it is a surefire being cooked up here. We have learned, So the effort by the Republican leader failure. The fact that the President is sadly, in Iraq, when things are done be- to remake the Federal judiciary into a announcing his bill today provides a hind closed doors and the American conservative redoubt has a direct im- further bit of irony because, this after- people aren’t fully informed, it can pact on these legal challenges. noon, the new Statue of Liberty mu- lead to significant foreign policy blun- If you ask most of the Republican seum opens. There is no greater symbol ders. So they should come up here— Members in this Chamber ‘‘Are you for of Americans’ openness to immigra- General Dunford, Acting Secretary repealing Roe v. Wade, hook, line, and tion, of the greatness of America, than Shanahan, as well as Secretary sinker?’’ they would say, no, they are the Statue of Liberty, which reaches Pompeo—and I hope that request will not or they would mostly be silent; out to people from every corner of the be granted. they would be afraid to answer. Then globe. It towers over nearby Ellis Is- HEALTHCARE they vote for judges who want to do it, land, where generations of hopeful Now, Madam President, on either frontally or by various deep strivers shuffled off boats into a new healthcare and our friends creating the cuts. When our Republican friends vote life and into a new country and helped Senate graveyard, as well as the abor- for these radical, hard-right judges, build America into the greatest coun- tion bill in Alabama, the House has they are saying they want to repeal try in the world. passed over 100 pieces of legislation, Roe v. Wade, even if they will not say The White House immigration bill is many of them with bipartisan support, it directly. an insult to our grand tradition of wel- only to get buried in this graveyard of So I say to my colleagues, much as coming immigrants from all walks of a Chamber. Leader MCCONNELL, who you prefer to remain silent on the Ala- life, and it is an appropriate metaphor controls the calendar, prefers to run it bama Republican abortion bill, your that the President, today, is skipping as a legislative graveyard. votes for the hard-right, anti-Roe the opening of the new Statue of Lib- Let’s take healthcare as an example, judges speak volumes—volumes. I erty museum, even though he is in New the No. 1 issue the American people would say the whole impetus of the York, simply to go to political fund- care about. Our colleagues in the House Alabama bill is now that we have very raisers. He skips real immigration re- passed a modest bill to protect families conservative, anti-Roe judges on the form and offers a political document, from getting charged more if they have Supreme Court, supported universally and his trip to New York embodies that a preexisting condition. It should be bi- by the Members of the other side, they ironically and metaphorically. partisan, and most Republicans—or feel they have the boldness to intro- IRAN many of the Senate Republicans say duce a bill that actually repeals Roe Madam President, on Iran, this has they agree with that policy when instead of just curbing it. been a chaotic week in the news about asked. Well, we have a bill that does it, CHINESE TRADE POLICY the Trump administration’s position and what does Leader MCCONNELL do? Madam President, finally, something on Iran. We have gone from reports He just deep-sixes it and sets aside an- good that I think the administration that the Trump administration’s na- other tombstone for his legislative has done. I was pleased for two reasons tional security team was discussing graveyard. to see the administration issue an Ex- possible troop deployments—one news- What about today’s House vote on ecutive order laying the groundwork paper, the New York Times, reported another set of healthcare bills to pro- for the Commerce Department to ban 120,000—to coverage now of infighting tect people with preexisting conditions all purchases of telecommunications among the President’s staff about the and help them sign up for insurance? equipment from China’s State-con- credibility of the threat from Iran. What is the fate of those bills in the trolled firms. As usual, the signals indicate chaos Senate? Will Leader MCCONNELL sen- First, it was a good decision for our coming out of the White House—indi- tence them to the same legislative national security. We have long known viduals fighting with each other, no death as all of these other proposals or the threat posed by foreign tele- real plan, no real pattern, and no dis- will Leader MCCONNELL actually allow communications companies, particu- cussion with the American people or us to debate something of great impor- larly Chinese firms like Huawei and with the Congress. tance to the American people, to ZTE. The tentacles of the Chinese Gov- Yesterday, personnel were evacuated amend it, and then vote on it? Hope- ernment are deep in these two compa- from our Embassy in Iraq, and Repub- fully it will pass. I believe it would. nies. Our intelligence and defense com- licans in Congress have now started to What is Leader MCCONNELL afraid of? munities, concerned about our own se- echo the same saber-rattling we typi- Is he afraid the American people will curity here in America, have banned cally hear from folks like Ambassador get protection from preexisting condi- the use of Huawei products in the mili- Bolton. At this moment, the only thing tions? Is he afraid he might anger some tary and labeled its technology a na- that is abundantly clear about the ad- special interest? Is he afraid he might tional security threat. That is serious ministration’s Iran policy is its lack of anger President Trump? We have a stuff. clarity and the lack of consultation higher obligation here. So I applaud the decision to protect with Congress and with the American Instead of debating those crucial our networks from potential malware, people. pieces of legislation, Leader MCCON- foreign surveillance, and cyber espio- Congress has not been fully informed NELL has treated the Senate like a nage, and I applaud the administration. about the intelligence. We have not rubberstamp for the Trump adminis- They backed off on ZTE 1 year ago, de- been properly consulted about the ad- tration’s often radical nominees. For 3 spite the overwhelming support in this ministration’s strategy, to the extent straight weeks, we have only processed Chamber for not letting ZTE sell prod- one exists. nominations, including several judges ucts, but they are now doing the right More importantly, the American peo- who are merely unqualified ideologues thing on Huawei, which is even a great- ple deserve to know what is going on or merely unqualified. er danger than ZTE. here. They are rightfully skeptical and This matters. The judges we have There is a second reason this is a tired of wars in the Middle East—a heard from are narrow. Many have of- good decision, aside from national se- skepticism many of my Republican fered bigoted remarks in the past, real- curity. It is called reciprocity. In friends across the aisle don’t seem to ly bigoted. They are not who a judge America, we make great products, and share. We need to get a better public should be. A judge is supposed to walk time and again, when we make great

VerDate Sep 11 2014 00:32 May 17, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.006 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2899 products, the Chinese don’t let us sell when they are off duty and hundreds of the Evidence Response Team of the them to China. They instead keep the miles away from home. So congratula- FBI Washington Field Office. She spent product out, steal the technology, and tions to those officers for what they 10 weeks after that event recovering then produce it themselves. Well, it is did while they are here, and nobody is and processing evidence from the site about time there was a little fair very surprised by that. in hazardous conditions. Melissa is sur- play—a little fair play. China, for When Senator COONS and I came to vived by her parents, her sister, a years, has sold products—likely with the Senate a little over 8 years ago, we niece, and a nephew. stolen IP—here in the United States started trying to find a law enforce- The names of these fallen men and cheaply while denying America access ment caucus to join, and found out women were added to the National Law to its markets. there wasn’t one, so Senator COONS Enforcement Officers Memorial here in Reciprocity matters. A lot of people said to me: Let’s just start one, and we Washington and to the Wall of Honor say to get China to negotiate, tariffs did. This is the week. at the Missouri Law Enforcement Me- aren’t the way to go. I have made my We get a chance every year to talk morial over the last month. They will views on that clear, but reciprocity is about, specifically, what happens this be remembered by people who benefited another way to go. If China doesn’t let week. We look for opportunities from and remember their bravery, our best stuff in, we are not letting through the year to, No. 1, honor the their dedication, and their sacrifice. theirs in. Open up. Play fair. If we people who work here protecting us This is a time when we honor those don’t do something about China today, every day, and, No. 2, to talk about who serve us, particularly for lives our economy will be second-rate 10, 15 things happening in the country that which have been lost, but it is also the years from now, and our children and affect the people who protect us and time to think about what we can do to grandchildren will suffer economically, protect police and sheriff’s depart- serve them in a better way, to be sure make no mistake about it. ments. This is the time of year, frank- they have the equipment they need, Telecommunications, especially 5G ly, when the tragic loss of family is so the resources they need, and the train- technology, are already a major focus evident as we add people to the police ing they need. of American innovation. We shouldn’t memorial. I mentioned at an event earlier today let Chinese companies worm in on the Four Missourians were added to that that for the last 50 years, law enforce- cheap and put American businesses at list this year. Deputy Sheriff Aaron ment and emergency rooms have also a disadvantage. The United States, Paul Roberts of the Greene County been, unfortunately for everybody in- with our allies, should lead to the de- Sheriff’s Office—the county I live in— volved, the de facto mental health de- velopment of a safe, secure, and eco- died when his patrol car was swept into livery system in the country. Officers nomically viable alternative to the 5G the Pomme de Terre River after he re- now take crisis intervention training architecture of firms like Huawei that sponded to a 911 call. Deputy Roberts to be sure they are really prepared are subject to the infiltration by the had served with the Sheriff’s Office for when they are dealing with someone Chinese Government, which has shown about 1 year, but he had previously whose intent is not criminal, but their no qualms about stealing everything of served with the Willard Police Depart- activities are impacted by their mental our intellectual property that they ment for 4 years. He is survived by his health issues and what to do in that can. wife, daughter, and by his parents. situation so everybody is better served. I would say to our European, Japa- In April of 2018, Miller County Dep- We have worked hard to see that the nese, and Australian allies, stick with uty Sheriff Casey Shoemate was killed Regional Information Sharing System us on this; it will benefit everybody— when his vehicle collided with an on- in our State, headquartered in Spring- everybody. China is our No. 1 global coming vehicle while responding to a field, is properly funded. The High In- competitor, and it is about time they structure fire. He had served with that tensity Drug Trafficking Areas Pro- played fair. What was done yesterday department for about 1 year as well, gram has the center for our region in with Huawei by Secretary Ross will but he previously worked in two other Kansas City. Those are things that help make that happen, and it is a very Missouri police departments. He is sur- Senator COONS and I have worked to- good decision. vived by his two children, his fiancee, gether on to do our best to fund. I yield the floor. his parents, and his siblings. Two different times now, we have The PRESIDING OFFICER (Mr. In March of 2018, Clinton Police De- worked together to extend the Victims SCOTT of Florida). The Senator from partment Officer Christopher Morton of Child Abuse Program. Last year, we Missouri. was shot and killed when he and two again introduced the bill. I think the NATIONAL POLICE WEEK other officers responded to a 911 call. previous extension had been a 5-year Mr. BLUNT. Mr. President, I have As Officer Morton and his colleagues extension, and we came to the end of come to the floor to be joined soon by arrived at the scene, a man began that. This is the program where, at 23 my colleague and cochair of the Senate shooting at them. The officers returned centers in Missouri, people understand Law Enforcement Caucus, Senator fire. They entered the building. The how to get the forensic information, COONS, to honor the men and women subject continued to fire. He fatally the testimony they need from kids who who work for us every day to help pro- wounded Officer Morton and injured have either been the victims of crime tect us every day during Police Week. two of Officer Morton’s colleagues or witnesses of crimes. This is an annual event. It brings law whom I had a chance to visit with at Every law enforcement person I have enforcement officers to Washington that department not long after this in- talked to, Senator COONS, every pros- from around the country and of course cident. ecutor I have talked to believes that including my State of Missouri. Officer Morton had been with the what happens at these victims of child As it turns out, Police Week is really Clinton Police Department for 3 years. abuse centers can’t be replaced any- a bad week to rob a store in Wash- Prior to that, he served in the U.S. where else. ington with a town full of policemen. military through the Missouri Army Now we are working together on the Just last week, several would-be rob- National Guard. He had been deployed National Law Enforcement Museum bers came out of a robbery and almost to Kosovo. He had been deployed to Af- Commemorative Coin Act, a bill that ran into a group of St. Louis area po- ghanistan. His parents and siblings, I the Senate passed last year, and the licemen and a New Jersey policeman. know, worried about him there but House didn’t get to it. We want to do They immediately chased down and ar- wouldn’t have, in their wildest imagi- that again. The Law Enforcement Mu- rested the perpetrators of that crime. nation, thought he would be killed at seum in Washington would be the bene- Criminals are often not very smart, home near his hometown when react- ficiary of the proceeds from that coin but you have to be particularly not ing to a 911 call from a house. after the cost of the coin is paid. We smart to decide you are going to rob a In March of last year, FBI Special are going to be working together on store in Washington during Police Agent Melissa Morrow, of Kansas City, that. Week. Thank goodness for those who died from a brain cancer she developed We have worked with other col- wear blue and work to serve us and pro- following the 9/11 terrorist attack on leagues. I have worked with Senator tect us every day and even do that the Pentagon. She had been assigned to PAT ROBERTS of Kansas on the Kelsey

VerDate Sep 11 2014 00:32 May 17, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.007 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2900 CONGRESSIONAL RECORD — SENATE May 16, 2019 Smith Act. It is named after 18-year- ligence Sharing System that helps to led to the apprehension of a serial, dan- old Kelsey Smith, who was abducted connect resources between Federal and gerous criminal who harmed other and murdered in 2007. This bill State and local law enforcement. We Delawareans. strengthens the ability of law enforce- also recently had a session on sharing Let me honor Detective Jonathan ment to get the information they need, relationship-building models where we Moyer, who led the investigation of quick access to someone’s cell phone to had folks in from Delaware and Mis- fraud and theft at Beebee Hospital in get the information of where they souri to talk about how law enforce- Lewes, DE. might still be or where they last were ment serves as positive role models and Let me honor Detective Ryan Schmid when they separated from that phone, mentors in the community through from the Dover Police Department. He if that is what happened. terrific programs. is a 6-year veteran of that department Senator STABENOW and I are con- I look forward to continuing to work and maintained an amazing clearance tinuing to work on the Mental Health with my friend and colleague Senator rate of 84 percent in investigated bur- and Addiction Treatment Act, some- BLUNT on these issues in the year glaries, robberies, and attempted mur- thing that every time we have support ahead in the Law Enforcement Caucus der and solved homicide. testimony on that act, it always in- and to talking briefly here on the floor Lastly, let me recognize Detective volves law enforcement, which wants today about how we should not just Brad Cordrey, who is Delaware’s Child more focus on mental health courts give great speeches but actually take Welfare Professional of the Year and and more focus on drug courts but par- important actions to demonstrate to has served under Georgetown chief of ticularly more focus on the ability of the families and to the men and women police R.L. Hughes, who said that officers to deal with the situation in of law enforcement that we care deeply ‘‘Brad’s dedication, compassion, and te- the best possible way when they come about their service and about whether nacity to solve serious cases are un- upon it. Remembering those who have they come home at the end of their matched.’’ fallen and continuing to work for those shift. There is so much more I could say, who stand up for us and run to the side I serve on the Senate Judiciary Com- but given the number of my colleagues of danger as they shield us from danger mittee. On a unanimous basis, we re- who have also come to the floor to is important. cently advanced a series of bills that speak, let me conclude by simply say- I am glad to be joined today by my will help advance officer safety, not ing how grateful all of us are to the good friend Senator COONS from Dela- the least of which is making perma- men and women of law enforcement. ware. nent the Federal Bulletproof Vest During this National Police Week, let The PRESIDING OFFICER. The Sen- Partnership Program that has literally me say what a great blessing it is to be ator from Delaware. saved lives across the country. The able to continue to work with my col- Mr. COONS. Mr. President, it is an capitol police—the police who protect league Senator BLUNT of Missouri in honor and a joy for me to come to the Delaware’s capitol and our court- cochairing the Law Enforcement Cau- floor today not just as the Senator rep- house—had a dramatic and personal ex- cus in this Congress and hopefully for resenting Delaware but as the cochair perience with that when two law en- many years to come. of the Senate Law Enforcement Cau- forcement officers’ lives were saved Thank you. cus, which I am very proud to have a when they were shot in the line of I yield the floor. chance to lead with my friend and col- duty, and it was only because they The PRESIDING OFFICER. The Sen- league Senator BLUNT from Missouri. were wearing vests made possible by ator from Pennsylvania. As you just heard, he recited some of this Federal-State partnership that IRAN the many ways in which we have been they survived. Mr. CASEY. Mr. President, I rise able to work together. Senator BLUNT, I will also continue to work to sup- today to discuss the Senate’s failure to as a seasoned senior appropriator, port the COPS Program, which ensures meet its constitutional obligation and someone who has experience in the that we have officers on the ground in conduct effective oversight of what House of Representatives and in the communities large and small in Dela- seems to me and many others to be private sector at home, leading an edu- ware, such as Cheswold, Delmar, Lau- this administration’s inexorable march cational institution, and has worked in rel, Ocean View, Smyrna, and my home toward war with Iran. State and local government, along with city of Wilmington. They all have been This week, the New York Times re- my experience in local government and able to hire new officers in recent years ported that the Trump administration the private sector—I think that has al- because of the COPS Program. is making plans to deploy 120,000 Amer- lowed us to do really good and positive We are also working together on re- ican troops to the Middle East in an- things for the men and women of law forms to the Public Safety Officers’ ticipation of a confrontation with Iran. enforcement. Benefits Program to ensure that fami- It is no secret that some of the Presi- This is National Police Week. It is an lies of officers who are permanently dent’s closest advisers are focused on opportunity for us—not just here in the disabled or lose their lives in the line regime change and possibly military Senate but all over the country—to of duty receive the benefits they richly engagement with Iran. thank the hundreds of thousands of deserve. I was encouraged by a story in the men and women in State and local law Let me conclude by thanking and Washington Post that was posted last enforcement, as well as in Federal law honoring a few specific officers from night. The headline of that story read enforcement agencies, who make pos- Delaware’s law enforcement commu- as follows: ‘‘Trump, frustrated by ad- sible the opportunity we have to enjoy nity for their service this past year. We visers, is not convinced the time is our freedoms. Our basic safety, our have not had any Delawareans’ names right to attack Iran.’’ That was the ability to travel far and wide, to speak added to the Wall of Honor referenced headline in the version of the story re- and live, and to praise and believe as by the Senator from Missouri, but all ported by four Washington Post report- we hope—all of this is made possible of us who have affection for and sup- ers. In pertinent part, the story indi- because of the ways in which our law port the law enforcement community cated that the President thinks his ad- enforcement officers guarantee those in Delaware know that we are simply visers ‘‘could rush the U.S. into a mili- freedoms by literally putting their blessed this year to have not joined tary confrontation with Iran.’’ Then it lives on the line for us each and every that terrible roll of great honor of goes on to further state that ‘‘Trump day. For that, we are eternally grate- those who have given their lives in the prefers a diplomatic approach to re- ful. line of duty. solving tensions.’’ I am encouraged by The Law Enforcement Caucus, which Let me briefly thank Sergeant Paul that, but we have to be vigilant when Senator BLUNT and I founded, has held Doherty of the Delaware State Police, it comes to this issue and the broader a number of engaging and important who was awarded the Robert J. issue of the use of force. bipartisan sessions. You heard the Sen- Seinsoth Memorial Award as the 2018 The plans that I mentioned before re- ator reference things like the High In- Delaware Crime Stoppers Law Enforce- ferred to by the New York Times ap- tensity Drug Trafficking Areas Pro- ment Officer of the Year. His investiga- parently were submitted by Acting De- gram and RISS, the Regional Intel- tory work following up on a robbery fense Secretary Shanahan. These are

VerDate Sep 11 2014 00:32 May 17, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.008 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2901 the most recent in a string of actions tion needs an update—another under- I hope President Trump will reread this administration has taken, from statement. The threats we confront this letter as he deliberates our next withdrawing from the 2015 Iran nuclear today have evolved since 2001. steps with regard to Iran and our next agreement, to designating the Iranian As this administration seeks to link steps with regard to the authorization Revolutionary Guard Corps—the so- al-Qaida and Iran in anticipation of a for the use of military force. called IRGC—as a foreign terrorist or- military confrontation, I am concerned I yield the floor. ganization, to suspending waivers that over the bipartisan failure to hold both The PRESIDING OFFICER. The Sen- allow partner countries to continue im- this and the prior administration to ac- ator from Vermont. porting Iranian oil. count for their constitutional over- f I have a long record of working to reach over congressional authority. REAUTHORIZING THE BULLET- fight against Iranian aggression. We all I commend Senator KAINE and other PROOF VEST PARTNERSHIP know—and we have said it often, and Senators from both parties for efforts GRANT PROGRAM we should say it again—Iran is and has over the last number of years to force been the leading state sponsor of ter- a debate on congressional oversight Mr. LEAHY. Mr. President, as in leg- rorism. For years, many of us, in a bi- over this issue. islative session, I ask unanimous con- partisan way, have led efforts to con- The majority leader should allow sent that the Senate proceed to the im- front Iran, to sanction Iran, to hold floor time and a robust debate on con- mediate consideration of H.R. 2379. Iran accountable for its malign activ- gressional war powers and oversight The PRESIDING OFFICER. The ity and actions in the Middle East and over the Executive’s unilateral actions clerk will report the bill by title. its actions to support terrorist organi- that send American troops overseas. The legislative clerk read as follows: zations, whether it is Hezbollah or any The debate on the Yemen resolution A bill (H.R. 2379) to reauthorize the Bullet- other terrorist organization. We will and the vote—several votes, actually, proof Vest Partnership Grant Program. continue that regardless of this debate. on that—demonstrated that there is bi- There being no objection, the Senate But when the New York Times talked partisan concern over the use of force, proceeded to consider the bill. about that military plan, they referred but we need a broader debate than we Mr. LEAHY. I ask unanimous con- to a prior engagement, a prior military had in the debate on the Yemen resolu- sent that the bill be considered read a conflict—the conflict in Iraq. ‘‘Echoes tion. third time. of Iraq War’’ was what the Times said. As this administration pursues a The PRESIDING OFFICER. Without These ‘‘echoes’’ trigger memories and reckless strategy with Iran, it is time objection, it is so ordered. reflections of a misguided period of for a sustained debate and vote on a The bill was ordered to a third read- this body’s history in which Congress new authorization for use of military ing and was read the third time. approved a U.S. invasion of Iraq based force that allows our Nation to, in fact, Mr. LEAHY. I know of no further de- upon faulty intelligence. By the end of destroy terrorists and fight threats to bate on the bill. that long war, thousands of Americans U.S. national security but doesn’t re- The PRESIDING OFFICER. Is there had been killed, and many more Ameri- sult in endless war. The 2001 and 2002 further debate? cans had been wounded. authorizations for use of military force Hearing none, the bill having been In Pennsylvania alone, 197 Penn- authorizing military action in Iraq and read the third time, the question is, sylvanians were killed in action in the Afghanistan are outdated and must be Shall the bill pass? Iraq war and more than 1,200 were replaced. The bill (H.R. 2379) was passed. wounded. I haven’t even talked about I will conclude with some words from Mr. LEAHY. Mr. President, I ask the conflict in Afghanistan, where Abraham Lincoln in that now-famous unanimous consent that the motion to Pennsylvania lost more than 90. The letter to Mrs. Bixby in which he talked reconsider be considered made and laid last number I saw was 91 Pennsylva- about the loss of her sons’ lives in the upon the table with no intervening ac- nians were killed in action in Afghani- Civil War. When they did the checks on tion or debate. stan. Pennsylvania is well familiar it, it turned out to be two sons. When The PRESIDING OFFICER. Without with contributing fighting men and the President was writing, he thought objection, it is so ordered. women to conflicts from the beginning she had lost five sons. But we still have H.R. 2379 of our Republic until this very day. families who suffer the loss of a son or Mr. LEAHY. Mr. President, this may The administration’s actions on Iran a daughter in conflict—we hope not as seem like just a perfunctory thing, but also ‘‘echo’’ our ongoing stalemate— many as two or more. I want to speak about what we just did. ‘‘stalemate’’ might be an understate- In this case, in the second paragraph, The Senate passed legislation to per- ment—regarding the authorization for President Lincoln said ‘‘the grief of a manently reauthorize the Bulletproof use of military force—the so-called loss so overwhelming.’’ He then went Vest Partnership Grant Program. This AUMF—against ISIS, for example. on to say to this grieving mother: is the sixth time I have worked to re- If we don’t debate and vote on an But I cannot refrain from tendering you authorize this lifesaving program since AUMF as it relates to Iran or any other the consolation that may be found in the I and my Republican partner, Senator thanks of the Republic they died to save. Ben Nighthorse Campbell, of Colorado, country or any other conflict, we are I pray that our Heavenly Father may as- not doing our job. suage the anguish of your bereavement, and authored the legislation to establish it For 6 years, the United States has leave you only the cherished memory of the more than 20 years ago. been engaged in the fight against ISIS loved and lost, and the solemn pride that My role in authoring this program— in Iraq and Syria. For many years, the must be yours to have laid so costly a sac- and my commitment to it ever since as executive branch has relied on the 2001 rifice upon the altar of freedom. we have reauthorized it and reauthor- authorization for use of military force So said President Lincoln at that ized it—was, in part, motivated by a to justify its fight against ISIS, as well time. horrific incident the year before Sen- as to justify other military engage- The words still ring true today—‘‘the ator Nighthorse Campbell and I created ments. grief of a loss so overwhelming,’’ the it. I ask Majority Leader MCCONNELL to memory of ‘‘the loved and lost.’’ It On August 19, 1997, a man named Carl set aside time for sustained debate and goes on to read ‘‘so costly a sacrifice.’’ Drega went on a killing spree along the votes on a new authorization for use of Every President should read this let- Vermont and New Hampshire border. military force. ter as he or she deliberates about the After hours of pursuit, Federal, State, Last month, Secretary of State use of force that commits our sons and and local law enforcement authorities Pompeo implied during testimony in daughters to fight and risk their lives. in Vermont and New Hampshire cor- front of the Foreign Relations Com- When we talk about so costly a sac- nered Drega, and in an ensuing ex- mittee of the Senate that the 2001 rifice, we all know what happened in change of gunfire, he was killed. AUMF to go after al-Qaida and its af- our State. Military families in Penn- During the shoot-out, all of the Fed- filiates authorizes war with Iran. A lot sylvania, in the conflicts in Iraq and eral law enforcement officers involved of people would disagree with that. I Afghanistan, endured so costly a sac- were wearing bulletproof vests. This in- believe that an 18-year-old authoriza- rifice. cludes John Pfeifer, a Vermonter and a

VerDate Sep 11 2014 00:32 May 17, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.010 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2902 CONGRESSIONAL RECORD — SENATE May 16, 2019 longtime friend. His father was one of viously served as the chief of police in so many, and placed vests on the backs my favorite professors in college, and I a small town in Florida, which is the of well over one million officers. Now remember John as a child. He was seri- Presiding Officer’s State. He used this we know that millions more officers ously wounded. In fact, at that time, program to outfit his officers with pro- will be protected, and millions of offi- then-FBI Director Louis Freeh and his tective vests in order to keep his offi- cers like Officer Turner will be able to family were staying with us at our cers safe while they were protecting us. go home to their families. home in Vermont. This week is National Police Week. It I wonder if the Senate would allow We visited Officer Pfeifer, who was a is a time for the Nation to honor the me to tell a story. U.S. Border Patrol agent, in the hos- many brave men and women in law en- When we were doing the reauthoriza- pital. He was grievously wounded, but forcement who have lost their lives tion, I had asked a police officer from he survived and later became the Chief while having served their communities. Pennsylvania to come and testify. He Patrol Agent of the sector. I have al- That includes the 163 officers who were came. His parents, his wife, and his ways feared—and I believe he agrees— lost last year—52 of them killed by children sat behind him. He gave very that had it not been for his bulletproof gunfire. The fact that Congress has moving testimony. He said the two vest, the outcome for John and his now passed legislation to permanently most important things to him in life family may have been much worse. reauthorize this program places real were his family and law enforcement. Some of the state and local officers meaning behind our words of tribute. He told us about how, a short while be- involved were not that fortunate. Two The legislation also increases the fund- fore, he stopped a car at a routine traf- New Hampshire state troopers were ing for vests as, year after year, only a fic stop. He got out of his police car, killed. They were not wearing bullet- fraction of the need is met. and the person in the other car stepped proof vests. I don’t know whether vests This program is not now, and never out and fired four shots at him—point would have saved their lives. Let us has been, partisan. When we started, I blank. He fell over. Others caught the hope they would have. said that I and Ben Nighthorse Camp- person. One thing I do know is that no officer bell, of Colorado—a Republican—start- He said: As I was falling, I thought I should have to serve without having ed it. I am especially grateful to Sen- would never see my family again. I had the benefit of wearing a bulletproof ator LINDSEY GRAHAM for being the a couple of cracked ribs. They came to vest. That is what this is all about. I lead cosponsor of both this and the last visit me in the hospital. I went back am immensely proud of this program. reauthorization. home with them to their love and care. It is the most tangible support that all Last week, our bill was being consid- Then I went back to work. This is what of us in Congress—both parties—can ered by the Judiciary Committee. I saved me. provide to our Nation’s law enforce- have to admit I was a bit surprised and He reached under the table and held ment officers. very humbled when Chairman GRAHAM up a bulletproof vest, and you could To this day, for far too many juris- called up an amendment to name the still see three large caliber slugs em- dictions, especially rural and smaller program after me and when it then got bedded in it. agencies, vests cost too much, and they a unanimous vote from Republicans He said: Those would have been in wear out too soon. This program fills and Democrats. I am always going to my heart. I never would have seen my in the gap. It has provided more than be thankful, for the program is per- family, and I never would have gone 13,000 law enforcement agencies with sonal to me, and it is personal, cer- back to law enforcement. 1.35 million vests. It has saved the lives tainly, to the officers who wear these At that time, I was the chair of the of countless officers, several of whom vests. Senate Judiciary Committee. After his have shared their stories with the Judi- I thank my many staff who have testimony, I asked if we could have a ciary Committee, here in the Senate, worked on this program for 22 years, unanimous vote to reauthorize. It was during previous years. In fact, accord- including Dave Pendle, Erica Chabot, the fastest unanimous vote I can re- ing to the Government Accountability Ed Pagano, Bruce Cohen, Matt member in that committee. Office, more than 3,000 officers’ lives Virkstis, Kristine Lucius, Chan Park, As I said then and as I say now, this have been saved by vests since 1987. It David Carle, Jessica Berry, and many is the least Congress can do on behalf makes me very proud to know these of- others. of our Nation’s law enforcement offi- ficers can still be with their families I am also thankful to the entire law cers. Obviously, I am proud to have had and their departments. enforcement community, which has the legislation named after me, but I Just yesterday, my office received a spoken with a single voice on this am proud of all of the Senators over call from the Union City Police Depart- issue—a single voice. In particular I the last 20-plus years—Republicans and ment in Georgia. Last month, one of would like to thank Chuck Canterbury, Democrats—who have supported it. I its officers, Jerome Turner, Jr.—shown Jim Pasco, and Tim Richardson with am glad we have done it. Now it will in this photograph—was shot multiple the Fraternal Order of Police—all head to the President for his signature, times when he responded to a call. One friends of mine. The FOP has strongly and I am sure the President will sign it round hit him directly in the chest, but supported this program from the begin- without delay. it did not get through his bulletproof ning, and has been there for each of the I see nobody else who seeks recogni- vest. When backup arrived, Officer Tur- six reauthorizations. tion. ner was lying on the ground from his I would also like to thank for their I suggest the absence of a quorum. other injuries. He went through 6 hours support the International Association The PRESIDING OFFICER. The of surgery, but he lived. His depart- of Chiefs of Police, the National Asso- clerk will call the roll. ment called yesterday to tell me that ciation of Police Organizations, the Na- The legislative clerk proceeded to the vest that saved his life was pur- tional Sheriffs’ Association, the Major call the roll. chased through this program. Every- County Sheriffs’ Association, the Ms. WARREN. Mr. President, I ask body in my office and I just applauded Major Cities Chiefs Association, the unanimous consent that the order for at that news. Federal Law Enforcement Officers As- the quorum call be rescinded. My staff also had a chance to talk sociation, the National Tactical Offi- The PRESIDING OFFICER. Without with Officer Turner. He is still recov- cers Association, and the Sergeants Be- objection, it is so ordered. ering, but he said he is happy to be nevolent Association, Last, I would VOTE ON VITTER NOMINATION home with his family—his family he like to thank the sponsors of the House The PRESIDING OFFICER. The might never have seen again. He also companion which the Senate just question is, Will the Senate advise and said what we all know to be true—the passed, Congressmen BILL PASCRELL consent to the Vitter nomination? Bulletproof Vest Partnership Grant and PETER KING. Ms. WARREN. Mr. President, I ask Program is critical to ensuring officers Without this legislation, the Bullet- for the yeas and nays. around the country can return home to proof Vest Partnership Grant Program The PRESIDING OFFICER. Is there a their families after their shifts. would expire next year. Once this legis- sufficient second? Officer Turner knows a lot about this lation is signed into law, it will never There appears to be a sufficient sec- program. It turns out that he pre- expire. It has already saved the lives of ond.

VerDate Sep 11 2014 01:49 May 17, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.011 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2903 The clerk will call the roll. The PRESIDING OFFICER (Mr. forcement but also to pay tribute to The bill clerk called the roll. YOUNG). Are there any other Senators their fallen colleagues. Mr. DURBIN. I announce that the in the Chamber desiring to vote? Sadly, Ohio has lost its share of offi- Senator from New Jersey (Mr. BOOKER), The result was announced—yeas 92, cers recently. Officers who have lost the Senator from New York (Mrs. nays 5, as follows: their lives in the line of duty include GILLIBRAND), and the Senator from [Rollcall Vote No. 115 Ex.] two so far this year and four last year. California (Ms. HARRIS) are necessarily YEAS—92 On February 2, Clermont County De- tective Bill Brewer was shot and killed absent. Alexander Gardner Portman The PRESIDING OFFICER (Mrs. Baldwin Graham Reed after responding to a call from a suici- FISCHER). Are there any other Senators Barrasso Grassley Risch dal man who was armed at an apart- in the Chamber desiring to vote? Bennet Hassan Roberts ment complex just east of Cincinnati, Blackburn Hawley Romney in Clermont County. Detective Brewer The result was announced—yeas 52, Blunt Heinrich Rosen served at the sheriff’s department for nays 45, as follows: Boozman Hoeven Rounds [Rollcall Vote No. 114 Ex.] Braun Hyde-Smith Rubio 20 years, and was widely respected. Brown Inhofe The funeral was amazing. There was YEAS—52 Sasse Burr Isakson Schatz an overwhelming number of people. Cantwell Johnson Alexander Gardner Portman Schumer Capito Jones Grateful citizens showed up and law en- Barrasso Graham Risch Scott (FL) Cardin Kaine forcement from our entire region and, Blackburn Grassley Roberts Scott (SC) Carper Kennedy Blunt Hawley Romney Shaheen in fact, law enforcement from even Casey Boozman Hoeven Rounds King other States. At his service I had the Cassidy Klobuchar Shelby Braun Hyde-Smith Rubio Sinema Burr Inhofe Collins Lankford honor of presenting his widow and Sasse Smith Capito Isakson Coons Leahy young son with a flag that had flown Scott (FL) Stabenow Cassidy Johnson Cornyn Lee Scott (SC) Sullivan over the U.S. Capitol, in honor of him Cornyn Kennedy Cortez Masto Manchin Shelby Tester and in gratitude to his family. Cotton Lankford Cotton McConnell Sullivan Thune Cramer Lee Cramer McSally On that day, County Sheriff Steve Crapo McConnell Thune Crapo Menendez Tillis Leahy said of Detective Brewer: Toomey Cruz McSally Tillis Cruz Merkley He was an outstanding man. He was a good Udall Daines Moran Toomey Daines Moran father, a good husband, a good friend, a good Enzi Murkowski Wicker Duckworth Murkowski Van Hollen Young Durbin Murphy Warner employee. He’s what this country needs more Ernst Paul of. Fischer Perdue Enzi Murray Whitehouse Ernst Paul Wicker I agree with Sheriff Leahy. NAYS—45 Feinstein Perdue Wyden On January 4, Colerain Township Po- Baldwin Heinrich Rosen Fischer Peters Young lice Officer Dale Woods was hit by a ve- Bennet Hirono Sanders NAYS—5 Blumenthal Jones Schatz hicle while working at the scene of an Brown Kaine Schumer Blumenthal Markey Warren automobile accident, and he passed Cantwell King Shaheen Hirono Sanders away 3 days later as a result of his in- Cardin Klobuchar Sinema NOT VOTING—3 juries. Police Chief Mark Denney re- Carper Leahy Smith Casey Manchin Stabenow Booker Gillibrand Harris membered Woods as a hero who once Collins saved a baby inside a hot car and also Markey Tester The nomination was confirmed. Coons Menendez Udall ran into a burning building to save a The PRESIDING OFFICER. Under Cortez Masto Merkley Van Hollen blind woman. That is the type of self- Duckworth Murphy Warner the previous order, the motion to re- less and courageous officer he was. He Durbin Murray Warren consider is considered made and laid Feinstein Peters Whitehouse represented the best. Hassan Reed Wyden upon the table, and the President will Last July, Cleveland Patrol Officer be immediately notified of the Senate’s NOT VOTING—3 Vu Nguyen, a 25-year veteran of the de- actions. Booker Gillibrand Harris partment, collapsed while taking part f in police training exercises. Vu was The nomination was confirmed. EXECUTIVE CALENDAR known as a people person, someone The PRESIDING OFFICER. Under who cared a lot for his fellow citizens the previous order, the motion to re- The PRESIDING OFFICER. The and always went the extra mile to help consider is considered made and laid clerk will report the next nomination. anyone who asked. His family said that upon the table, and the President will The senior assistant legislative clerk was the reason he became a police offi- be immediately notified of the Senate’s read the nomination of Jeffrey A. cer, because he wanted a job where he action. Rosen, of Virginia, to be Deputy Attor- could help people. That is what police VOTE ON BULATAO NOMINATION ney General. officers do. The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- In June of last year, Mentor Police clerk will report the next nomination. ator from Ohio. Officer Matthew Mazany was struck The senior assistant legislative clerk NATIONAL POLICE WEEK and killed by a hit-and-run driver while read the nomination of Brian J. Mr. PORTMAN. Mr. President, today assisting another officer during a traf- Bulatao, of Texas, to be an Under Sec- I am on the floor to talk about the men fic stop. Officer Mazany had served retary of State (Management). and women in uniform, our police offi- with the Mentor Police Department for The PRESIDING OFFICER. The cers who protect us every day. They 14 years. He was beloved by his fellow question is, Will the Senate advise and are here in the Capitol protecting us in officers, by his family and friends, and consent to the Bulatao nomination? the Chamber. They are in Ohio pro- by his entire community. Mr. BARRASSO. I ask for the yeas tecting the citizens of Ohio, and they This morning I had the opportunity and nays. do it every day. They put their lives on to visit the National Law Enforcement The PRESIDING OFFICER. Is there a the line for us in many cases. Officers Memorial, here in Washington, sufficient second? This is National Police Week, a week DC. I was able to see the inscribed There appears to be a sufficient sec- when tens of thousands of police offi- names on the wall there of thousands ond. cers come to Washington, DC. They of law enforcement officers we have The clerk will call the roll. come to the police memorial. It has lost over the years. If you haven’t been The senior assistant legislative clerk been a wonderful week because I had down there, it is a powerful experience. called the roll. the opportunity to meet with law en- There were also beautiful memorials Mr. DURBIN. I announce that the forcement officers from Ohio, today, set up around those walls with wreaths, Senator from New Jersey (Mr. BOOKER), yesterday, and the day before. We have flowers, photographs, magazine arti- the Senator from New York (Mrs. seen them on the streets. We have seen cles, newspaper articles, and other in- GILLIBRAND), and the Senator from them in uniform. Their opportunity to formation about officers whom we lost California (Ms. HARRIS) are necessarily come here is to talk about the impor- in the last year, including these two of- absent. tant issues that relate to our law en- ficers from Westerville, OH, who were

VerDate Sep 11 2014 02:33 May 17, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.013 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2904 CONGRESSIONAL RECORD — SENATE May 16, 2019 tragically murdered last year while with Wilson County Sheriff Joe stant Criminal Background Check Sys- serving their community and all of us. Tackitt and offered my condolences tem, also known as NICS. On February 10, 2018, Westerville Po- and complete support. Sheriff Tackitt In the wake of the tragedy, you al- lice Officers Anthony Morelli and Eric told me about the day’s events and said ways wonder, how did this happen and, Joering were fatally shot while re- the bloody scene inside the First Bap- more importantly, what can we pos- sponding to a 911 call. Sadly, it was tist Church was horrific, but the re- sibly do to prevent something like this fatal. They had rushed to the scene. sponse to the tragedy was instanta- from happening again? Well, in this They had arrived to help. They were neous. First responders from the sur- case, one answer was pretty clear. We under fire. Officer Joering was killed at rounding area, as well as State and have to fix the National Criminal In- the scene. Officer Morelli died in sur- Federal law enforcement officials, in- stant Background Check System so gery later that day. undated Sutherland Springs with re- gun purchasers can’t lie and buy fire- I have had the great honor of meet- sources and help. arms that they are already legally dis- ing the families of both of these fallen In the days and weeks following the qualified from purchasing or pos- officers—amazing women and amazing attack, the support continued. Folks sessing. kids. Linda Morelli and Jami Joering from across the country made their Eleven days after the shooting, it be- are incredibly strong women and in- way to this small town outside of San came clear to me how this system had credibly strong mothers. I was able to Antonio to pay their respects, leaving broken down. The Air Force had simply express condolences and gratitude from flowers outside the church, singing failed to upload this information into all Ohioans for their husbands’ service. songs of worship, and extending a car- the background checks system so it The memorials I saw today were a ing hand to those grieving. wasn’t there when this shooter bought moving tribute to those two police offi- I joined the congregation 1 week those guns. In response, I introduced cers, two fallen officers who served after the shooting for their Sunday the Fix NICS Act to reform the system their fellow Ohioans with honor. Soon service, and it was an emotional expe- and ensure that all Federal agencies their names will be inscribed on the po- rience, to be sure. I was there to offer accurately and correctly upload these lice wall I talked about at the memo- what I could in terms of support and required conviction records. This legis- rial. Their names will be inscribed hope to this grieving community, but lation also encourages States and local there for the ages for all of us to see what happened was just the opposite. jurisdictions, to the extent possible and so that we can all remember the They were the ones giving me inspira- under the Constitution, to do exactly ultimate sacrifice they and other offi- tion. the same. We can’t make them do it, cers have made for us. That day, as the associate pastor but we can encourage them to do it and We continue to hold up their families pointed out, the church smashed at- facilitate their doing so. and the families of the fallen. We con- tendance records. It was remarkable to It has been estimated that some 7 tinue to hold them up in our prayers see not only the church community but million records, including at least 25 and to show our support and express also complete strangers embracing one percent of felony convictions and a our enduring gratitude. another, offering a shoulder to cry on large number of convictions for mis- Thank you, Mr. President. or a hand to hold. demeanor domestic violence, are ab- I yield the floor. There was perhaps no more moving sent from NICS—7 million records, in- I suggest the absence of a quorum. occurrence than Pastor Frank Pom- cluding 25 percent of felony convic- The PRESIDING OFFICER. The eroy. He and his wife lost their teenage tions, and a large number of convic- clerk will call the roll. daughter in the shooting. tions for domestic violence were absent The legislative clerk proceeded to One week after that occurred, he from the National Instant Criminal call the roll. opened that service saying: ‘‘We have Background Check System. Mr. CORNYN. Mr. President, I ask the freedom to choose, and rather than unanimous consent that the order for choose darkness like the young man How in the world can we expect that the quorum call be rescinded. did that day, we choose the light.’’ system to work to protect us and our The PRESIDING OFFICER. Without Coming from a man who lost 26 be- communities if, in fact, the required objection, it is so ordered. loved members of his congregation, in- information is not being uploaded? SUTHERLAND SPRINGS FIRST BAPTIST CHURCH cluding his own daughter, those words Each missing record represents a Mr. CORNYN. Mr. President, this are tough to get your brain around. unique opportunity for someone like Sunday, I have the honor of joining When he was going through what I the shooter at Sutherland Springs to some of the most courageous, faithful, have no doubt was the toughest mo- slip through the cracks. So we knew and inspiring Texans whom I ever met ment of his life, Pastor Pomeroy was what we had to do to change that. for the grand opening and dedication of comforting those of us in the audience I worked with my colleagues in the their new church. and reminding us not to let evil tri- Senate, on a bipartisan basis, and en- These men and women are part of the umph. couraged them to support the Fix NICS congregation at the First Baptist As more details about the shooter Act. I was heartened and encouraged Church of Sutherland Springs. For the emerged, that message of hope was by the bipartisan support we got. This vast majority of its 100-year history, even more important to recall. We legislation passed with 77 Members of this small church was adored by mem- learned that the shooter had a long his- the Senate serving as cosponsors. When bers of the community as a place of tory of violence, and a number of red the President signed this bill into law, worship, but it didn’t get much atten- flags had been raised—school suspen- it marked a major achievement and tion on the national stage. On Novem- sions, comments about wanting to kill step forward and delivered on the ber 5, 2017, all of that changed when a his superiors, animal abuse, and vio- promise I made to myself following deranged shooter opened fire on their lence toward those closest to him. He Pastor Pomeroy’s advice: focus on the Sunday service, killing 26 parish- had choked his wife, fractured his step- light and not on the darkness. ioners—adults, teenagers, children, and son’s skull, and done time in military I am grateful for the support of my an unborn baby. The church became prison. colleagues who cosponsored and voted the site of the deadliest mass shooting Under existing Federal laws, the for this legislation, which has made in Texas history. shooter was prohibited from ever pur- our background check system stronger. This violent attack rocked the entire chasing or possessing a firearm. It was It actually made it so it will work the small, tight-knit town to its core. illegal. So how did he get his hands on way Congress originally intended when Every home, every family, and every this weapon that he used to take 26 in- it created the National Instant Crimi- person felt the impact of the shooter’s nocent lives? nal Background Check System main- actions, but what emerged wasn’t more Well, in short, it was because of a tained by the FBI. of the hatred and anger displayed by broken system. He was able to pur- I have and will continue to work with the shooter. Instead, Sutherland chase four firearms because informa- the officials at the Department of Jus- Springs became a beacon of love and tion about his criminal history was tice to ensure that this law is fully im- hope. The day of the attack I spoke never uploaded into the National In- plemented as soon as possible.

VerDate Sep 11 2014 01:49 May 17, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.016 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2905 I look forward to joining my friends hasn’t kept up with the needs of our traditionally been extended every 2 or 3 at the First Baptist Church of Suther- economy. Our immigration system years over the last 20 years—maybe land Springs this week to honor those needs a fundamental review to deter- longer than that in some cases. they lost and to celebrate the grand mine what is working and what isn’t so I remind my colleagues in the House opening of their new worship center we can create a new legal immigration of Representatives that taxpayers have and education building. system that benefits both immigrants all but run out of time. Part of my pur- Today I once again extend my deep- and our success as a nation. pose in introducing the Tax Extender est condolences to the families of those I know there is widespread agree- and Disaster Relief Act way back in lost and to the community that con- ment in the Senate that our legal im- February was to provide additional cer- tinues to grieve. They have my full migration system could be made bet- tainty for the current year for those support, and I vow to do everything in ter, and I hope there is enough will in businesses that have made use of these my power to prevent this type of sense- Congress to have serious discussions tax credits in the past. less violence from becoming the norm. about how to fix it. I noted that in most cases, Congress No family, no congregation, no commu- This afternoon, the President is ex- enacted those provisions to provide an nity should ever lose a loved one be- pected to announce his proposal to re- incentive for taxpayers to engage in cause of an entirely preventable crime. form our legal immigration system, certain actions like investment and job I hope because of this legislation, they and I am glad he and his administra- creation. never will. tion have made this a priority. I look In February, I also reminded my col- I will just say, in conclusion on this forward to reviewing the final text of leagues that those incentives are most topic, what consolation, what comfort the proposal once it is available. effective when taxpayers can rely on can you give to someone grieving the For those who would criticize the them during the tax year. For the most loss of a loved one? I can only think of proposal made by the Trump adminis- part, over the last three decades, they one thing; that as a result of their loss tration, I believe it is incumbent on have had that certainty by the renewal and their sacrifice, some good will them to say what they would do to fix of these tax provisions. come out of it. I think the only way to our broken immigration system, to im- Regrettably, we are now one-third of reconcile your grief and your loss is prove our system of legal immigration, the way through 2019 with no certainty knowing that out of your loss, some- so we can continue to welcome immi- for affected taxpayers in sight. I also thing good will come out of it. I can grants from around the world who want said, in my February remarks, that my genuinely say that as a result of the to make America their home and truly broader objective of including an ex- loss of these 26 parishioners at the become Americans. tension through 2019 was so we could First Baptist Church of Sutherland Those who just sit on the sidelines have some maneuvering room to exam- Springs, we will save lives in the fu- and throw brickbats and criticize, I ine the temporary provisions overall ture. There will be lives saved and lives think they demean this system of legal and try to identify longer term solu- lived as a result of their sacrifice and immigration, which is really one of the tions. Through efforts in the last Con- what we have done working together to great treasures of the American way of gress, we identified potential long-term try to prevent those types of acts of life. solutions for two of them—the short- senseless, preventable violence from I continue to be hopeful that we can line railroad tax credit and the bio- occurring in the future. work our way through this. I am glad diesel tax credit—but we have the op- IMMIGRATION the President is making this a priority, portunity now to do more. Mr. President, throughout our coun- and I look forward to hearing more While we continue to try to help tax- try’s history, we welcomed men and about the details of his plan. payers who still need to resolve their women and children from other coun- I yield the floor. 2018 tax returns, we need to press ahead tries who are inspired by the freedoms The PRESIDING OFFICER. The Sen- on more permanent solutions so we can and the prosperity made possible by ator from Iowa. end Congress’s continual bad habit of our Constitution and by our democ- TAX PROVISIONS waiting until the eleventh hour or racy. Whether those immigrants Mr. GRASSLEY. Mr. President, some months after to extend temporary tax crossed oceans generations ago or were time ago, specifically February 28, I policy. more recently naturalized, we are glad came to the Senate to visit with my Accordingly, today, I am announcing, they chose to bring their dreams and colleagues about the more than two along with Ranking Member WYDEN, talents to the United States because dozen tax provisions that expired at that the Finance Committee will form ours, after all, is a proud nation of im- the end of 2017. That same day, I joined several bipartisan task forces to exam- migrants. I believe the contributions of with Finance Committee Ranking ine the temporary tax policies. These those who have chosen to seek citizen- Member WYDEN of Oregon to introduce task forces will consist of members of ship in our country have made us a bill entitled ‘‘Tax Extender Disaster the Finance Committee and will focus stronger, smarter, and the preeminent Relief Act of 2019’’ to extend these two on provisions that expired or will ex- force on the world stage. dozen tax provisions through 2019. pire between December 31, 2017, and De- It is important to remember, as we I very much thank Ranking Member cember 31 of this year. That is a total debate immigration reform or what to WYDEN for his cooperation on this ef- of 42 expiring tax provisions. do about the humanitarian crisis and fort. Actually, we have a lot of co- Each task force will be charged with security crisis on the border—it is im- operation on a lot of different subjects examining temporary tax policies portant to remember that the United within the Finance Committee. within one of five identified issue States is the most generous country in Now, unfortunately, we are still areas. These issue areas are: workforce the world when it comes to legal immi- waiting on House Democrats to send us and community development, health gration. Every year, our Nation admits a tax bill that includes those provi- taxes, energy, business cost recovery, more than 1 million new legal immi- sions so taxpayers who have relied on and a combined group consisting of in- grants, and I am proud of that fact. I them can finish their 2018 tax returns. dividual, excise taxes, and other tem- am also proud of the fact that these in- I have had some discussions with the porary policies. dividuals—these 1 million individuals chairman of the Ways and Means Com- We will ask the task forces to work who immigrated to our country—do so mittee, and I don’t have any reason to with the stakeholders, other Senate of- in compliance with the laws of the land believe he doesn’t believe some of these fices, and interested parties to consider that they now call home. Perhaps one extenders should be extended. I suppose the original purposes of the policies of the ultimate demonstrations of re- because they are new to run the House and whether the need for the provisions spect is recognizing the responsibilities of Representatives, and they have dis- continues today. If so, we will ask the all of us have to abide by the laws of sension within their own caucus, it task force to identify possible solutions the land. takes a while to get an active group of that would provide long-term certainty We know our immigration system is people pushing for this particular legis- in these areas. That may mean the not perfect. It has flaws. I would argue lation, but it ought to be easy to hap- credit or deduction phases out over a it is outdated and inefficient, and it pen because these tax provisions have period of years to provide an affected

VerDate Sep 11 2014 01:49 May 17, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.017 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2906 CONGRESSIONAL RECORD — SENATE May 16, 2019 industry a glide path to self-suffi- the taxpayers who utilize those provi- McCartney from Pierce County, detec- ciency. In other cases, it may mean the sions. tive Derrick Focht from Kent, and provision could be scaled back while We will continue to work with the chief of police Randall Scott Gibson still providing a sufficient benefit for House of Representatives to resolve the from Kalama. the affected industry or taxpayers in situation with respect to the 2018 tem- All of these men deserve a great deal exchange for long-term certainty. If porary policies and to provide relief for of respect and gratitude for their serv- there is little or no case for continuing all of those affected by the disasters of ice and for their sacrifice. All of the the temporary policy, the task force 2018 and so far this year, but we men and women in law enforcement de- should consider whether the provision shouldn’t wait any longer to start lay- serve our respect and gratitude for should be eliminated. ing the groundwork to deal with all of their commitment and dedication to There may also be provisions that these temporary tax policies as perma- our country and for embodying the the task force identifies that should be nently as possible. best of our Nation. extended without reform. For these I yield the floor. I have seen so many of the men and provisions, the task force will have to The PRESIDING OFFICER. The Sen- women of law enforcement who have consider whether a continued short- ator from Washington. come here to DC this week to partici- term extension is sufficient to achieve Ms. CANTWELL. Mr. President, I pate in this memorial. It is right that the policy goals, whether a longer term thank the chairman of the Finance we give them recognition, and it is extension is desirable to force a future Committee, Senator GRASSLEY, for his right that we remember the sacrifice Congress to reevaluate the provision leadership on these issues. I look for- law enforcement officers make every down the road, or if permanency is ward to working with him on the as- single day on our behalf. warranted. signed task forces and to working hard I yield the floor. This is particularly relevant for the on very important issues that he and I I suggest the absence of a quorum. have been working on in the past— temporary tax policies relating to The PRESIDING OFFICER. The from biodiesel, to energy policy, to a healthcare. For these, we will ask the clerk will call the roll. variety of things. I thank him for that. task force to focus on whether the tax The bill clerk proceeded to call the policy should be extended and for what NATIONAL POLICE WEEK roll. duration. Of course, we will leave the Mr. President, I come to the floor to Mr. PERDUE. Mr. President, I ask evaluation of the underlying honor the integrity, dignity, and brav- unanimous consent that the order for healthcare policy to the health experts. ery of the Federal, State, local, and the quorum call be rescinded. In all, the task forces will work to Tribal police officers throughout our The PRESIDING OFFICER. Without identify reform proposals, like those country who keep us safe every day. objection, it is so ordered. identified for the short-line railroad As officers from around the Nation tax credit and the biodiesel tax credit gather here in Washington, DC, to Mr. PERDUE. Mr. President, I know last year, so we can end the policy of honor their fallen brothers and sisters of no further debate on the nomina- having Congress always kick the can and to add their names to the National tion. down the road each time, or, as is the Law Enforcement Officers Memorial, I The PRESIDING OFFICER. The case with 2018, an even worse policy of take a moment to thank the officers question is, Will the Senate advise and doing the kicking months after the for their service and to pay tribute to consent to the Rosen nomination? year has ended. those who have died in the line of duty. Mr. MANCHIN. Mr. President, I ask If Congress is going to use temporary In 2018, 159 officers nationwide were for the yeas and nays. tax policy, taxpayers should be able to killed in the line of duty, and already The PRESIDING OFFICER. Is there a count on it for the intended period. this year, 41 officers throughout the sufficient second? Moreover, the intended policy should United States have made the ultimate There appears to be a sufficient sec- be clear so that taxpayers do not fall sacrifice to protect our communities ond. into the trap of relying on a provision and protect our loved ones. Two of The clerk will call the roll. simply because Congress has created these officers came from my home The bill clerk called the roll. the expectation that the provisions State of Washington. Mr. THUNE. The following Senator is will be consistently extended even well Cowlitz County deputy sheriff Justin necessarily absent: the Senator from after the fact. DeRosier served the people of Wash- Tennessee (Mr. ALEXANDER). Taxpayers who have been relying on ington for 6 years—3 in Cowlitz County Further, if present and voting, the these provisions have been doing what and 3 in Whitman County. He was a Senator from Tennessee (Mr. ALEX- Congress has wanted them to do. That graduate of Kelso High School and of ANDER) would have voted ‘‘yea.’’ happens to be free-market investing in Washington State University. He loved Mr. DURBIN. I announce that the certain types of property, hiring new going to work every day to serve and Senator from New York (Mrs. GILLI- employees, or taking other types of ac- protect the people of Cowlitz County. BRAND) and the Senator from California tion. We shouldn’t punish them for My thoughts and the thoughts and (Ms. HARRIS) are necessarily absent. doing what Congress intended with prayers of all Washingtonians are with The PRESIDING OFFICER. Are there these tax provisions. his wife, Katie, his new daughter, his any other Senators in the Chamber de- Additionally, we will have a sixth entire family, and the entire Cowlitz siring to vote? task force to examine the related issue County law enforcement community. The result was announced—yeas 52, of temporary disaster tax relief. It will Kittitas County sheriff’s deputy nays 45, as follows: consider whether we should have a core Ryan Thompson served the people of [Rollcall Vote No. 116 Ex.] set of permanent proposals so tax- Washington for 12 years. He was born payers who have suffered through dev- in Walla Walla and graduated from YEAS—52 astating disasters—like with the Central Washington University. Wheth- Barrasso Gardner Portman floods, most recently, in my home Blackburn Graham Risch er it be with Kittitas County or in the Blunt Grassley Roberts State of Iowa—don’t have to wait for police ranks of Central Washington Boozman Hawley Romney Congress to act before they can start University, he served his community Braun Hoeven Rounds rebuilding their lives, their small busi- Burr Hyde-Smith Rubio with honor. Capito Inhofe nesses, or their farms. Our thoughts and prayers are with Sasse Cassidy Isakson Scott (FL) Collins Johnson We have asked the task forces to his wife, his three children, his entire Scott (SC) Cornyn Kennedy begin their work right away, and we family, and the Kittitas County Sher- Shelby Cotton Lankford Sullivan expect them to complete their efforts iff’s Department as they work through Cramer Lee by the end of June. This should provide this unbelievable tragedy. Crapo McConnell Thune adequate time to identify possible Since 2017, four other officers from Cruz McSally Tillis Toomey long-term solutions that could be en- Washington State have also lost their Daines Moran Enzi Murkowski Wicker acted this year to end the annual ex- lives in the line of duty: Diego Moreno Ernst Paul Young tenders drama and provide certainty to from Kent, deputy sheriff Daniel Fischer Perdue

VerDate Sep 11 2014 01:49 May 17, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.019 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2907 NAYS—45 The PRESIDING OFFICER. The The senior assistant legislative clerk Baldwin Heinrich Rosen question is on agreeing to the motion. read as follows: Bennet Hirono Sanders The motion was agreed to. CLOTURE MOTION Blumenthal Jones Schatz Booker Kaine Schumer f We, the undersigned Senators, in accord- Brown King Shaheen EXECUTIVE SESSION ance with the provisions of rule XXII of the Cantwell Klobuchar Sinema Standing Rules of the Senate, do hereby Cardin Leahy Smith move to bring to a close debate on the nomi- Carper Manchin Stabenow nation of Stephen R. Clark, Sr., of Missouri, Casey Markey Tester EXECUTIVE CALENDAR Coons Menendez Udall to be United States District Judge for the Cortez Masto Merkley Van Hollen Mr. MCCONNELL. Mr. President, I Eastern District of Missouri. Duckworth Murphy Warner move to proceed to executive session to Mitch McConnell, Roger F. Wicker, Pat Durbin Murray Warren consider Calendar No. 23. Roberts, Steve Daines, John Kennedy, Feinstein Peters Whitehouse The PRESIDING OFFICER. The James E. Risch, Roy Blunt, Tim Scott, Hassan Reed Wyden Mike Rounds, John Thune, John question is on agreeing to the motion. NOT VOTING—3 Hoeven, Johnny Isakson, John Booz- The motion was agreed to. man, Thom Tillis, David Perdue, John Alexander Gillibrand Harris The PRESIDING OFFICER. The Cornyn, Mike Crapo. The nomination was confirmed. clerk will report the nomination. The PRESIDING OFFICER. Under The senior assistant legislative clerk f the previous order, the motions to re- read the nomination of Howard C. Niel- consider are considered made and laid son, Jr., of Utah, to be United States LEGISLATIVE SESSION upon the table, and the President will District Judge for the District of Utah. Mr. MCCONNELL. Mr. President, I be immediately notified of the Senate’s CLOTURE MOTION move to proceed to legislative session. action. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The The Majority Leader. send a cloture motion to the desk. question is on agreeing to the motion. f The PRESIDING OFFICER. The clo- The motion was agreed to. LEGISLATIVE SESSION ture motion having been presented under rule XXII, the Chair directs the f Mr. MCCONNELL. Mr. President, I clerk to read the motion. move to proceed to legislative session. The senior assistant legislative clerk EXECUTIVE SESSION The PRESIDING OFFICER. The read as follows: question is on agreeing to the motion. The motion was agreed to. CLOTURE MOTION We, the undersigned Senators, in accord- f EXECUTIVE CALENDAR ance with the provisions of rule XXII of the Mr. MCCONNELL. Mr. President, I EXECUTIVE SESSION Standing Rules of the Senate, do hereby move to bring to a close debate on nomina- move to proceed to executive session to tion of Howard C. Nielson, Jr., of Utah, to be consider Calendar No. 37. EXECUTIVE CALENDAR United States District Judge for the District The PRESIDING OFFICER. The of Utah. question is on agreeing to the motion. Mr. MCCONNELL. Mr. President, I Mitch McConnell, Tom Cotton, Steve move to proceed to executive session to The motion was agreed to. Daines, David Perdue, Roger F. Wicker, The PRESIDING OFFICER. The consider Calendar No. 201. John Hoeven, Pat Roberts, Jerry The PRESIDING OFFICER. The clerk will report the nomination. Moran, Cindy Hyde-Smith, John Booz- The senior assistant legislative clerk question is on agreeing to the motion. man, James E. Risch, Mike Rounds, The motion was agreed to. John Cornyn, Thom Tillis, Lindsey read the nomination of Carl J. Nichols, The PRESIDING OFFICER. The Graham, John Thune, Mike Crapo. of the District of Columbia, to be United States District Judge for the clerk will report the nomination. f The senior assistant legislative clerk District of Columbia. read the nomination of Daniel P. Col- LEGISLATIVE SESSION CLOTURE MOTION lins, of California, to be United States Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I Circuit Judge for the Ninth Circuit. move to proceed to legislative session. send a cloture motion to the desk. CLOTURE MOTION The PRESIDING OFFICER. The The PRESIDING OFFICER. The clo- Mr. MCCONNELL. Mr. President, I question is on agreeing to the motion. ture motion having been presented send a cloture motion to the desk. The motion was agreed to. under rule XXII, the Chair directs the The PRESIDING OFFICER. The clo- f clerk to read the motion. The senior assistant legislative clerk ture motion having been presented EXECUTIVE SESSION under rule XXII, the Chair directs the read as follows: clerk to read the motion. CLOTURE MOTION The senior assistant legislative clerk EXECUTIVE CALENDAR We, the undersigned Senators, in accord- read as follows: ance with the provisions of rule XXII of the Mr. MCCONNELL. Mr. President, I CLOTURE MOTION Standing Rules of the Senate, do hereby move to proceed to executive session to move to bring to a close debate on the nomi- We, the undersigned Senators, in accord- consider Calendar No. 35. nation of Carl J. Nichols, of the District of ance with the provisions of rule XXII of the The PRESIDING OFFICER. The Columbia, to be United States District Judge Standing Rules of the Senate, do hereby for the District of Columbia. move to bring to a close debate on nomina- question is on agreeing to the motion. Mitch McConnell, Roy Blunt, Joni Ernst, tion of Daniel P. Collins, of California, to be The motion was agreed to. Steve Daines, Roger F. Wicker, John United States Circuit Judge for the Ninth The PRESIDING OFFICER. The Thune, Thom Tillis, John Kennedy, Circuit. clerk will report the nomination. John Boozman, Pat Roberts, Mike Mitch McConnell, John Hoeven, David The senior assistant legislative clerk Rounds, John Cornyn, Richard Burr, Perdue, Chuck Grassley, James E. read the nomination of Stephen R. John Barrasso, Lindsey Graham, Cindy Risch, Johnny Isakson, John Barrasso, Clark, Sr., of Missouri, to be United Hyde-Smith. Steve Daines, Roger F. Wicker, Jerry States District Judge for the Eastern Moran, John Cornyn, John Thune, f Richard Burr, Mike Crapo, Pat Rob- District of Missouri. erts, Lindsey Graham, Shelley Moore CLOTURE MOTION Capito. Mr. MCCONNELL. Mr. President, I LEGISLATIVE SESSION f send a cloture motion to the desk. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The clo- move to proceed to legislative session. LEGISLATIVE SESSION ture motion having been presented The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I under rule XXII, the Chair directs the question is on agreeing to the motion. move to proceed to legislative session. clerk to read the motion. The motion was agreed to.

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The down with a criminal dictator and give JCPOA, even though the IAEA cer- question is on agreeing to the motion. away unprecedented concessions in the tified for the 14th time in a row, this The motion was agreed to. hopes that North Korea would abandon year, that Iran has complied with the The PRESIDING OFFICER. The its nuclear program. On the other terms of the agreement. But we pulled clerk will report the nomination. hand, he turned his back on Iran, a out, leaving our allies, who committed The senior assistant legislative clerk large country with a growing moderate to the deal in good faith, in the lurch. population—roughly 75 million people, read the nomination of Kenneth D. This decision we made, I think re- the majority of which, the last I Bell, of North Carolina, to be United grettably a year ago, had con- checked, are under the age of 25—and a States District Judge for the Western sequences. Instead of celebrating con- moderate President. Let me be really District of North Carolina. tinued stability provided by the Iran clear. There are some bad actors in CLOTURE MOTION nuclear deal last week, Iran’s Presi- Iran, and some of them are in powerful dent, President Rouhani, announced Mr. MCCONNELL. Mr. President, I positions. But, unfortunately, the ac- that Iran will begin to end its compli- send a cloture motion to the desk. tions of this administration, unlike the The PRESIDING OFFICER. The clo- ance with some portions of the JCPOA, actions of the last administration, the including by stockpiling enriched ura- ture motion having been presented Obama administration—here is what under rule XXII, the Chair directs the nium and heavy water. they sought to do. They sought to di- As I said at that time, President clerk to read the motion. minish the extremists, the hardliners, Trump’s decision increased the odds of The senior assistant legislative clerk and their sway over what happens in armed conflict with Iran while doing read as follows: Iran and at the same time bolster a nothing to constrain their other mali- CLOTURE MOTION new generation of Iranians who are cious activities in the region. Again, We, the undersigned Senators, in accord- growing up, who are more moderate in make no mistake. Not everybody in ance with the provisions of rule XXII of the nature and, frankly, who would like to Iran wants to be our friend. Mostly Standing Rules of the Senate, do hereby have a better relationship with our young people want to be our friends, move to bring to a close debate on the nomi- country. Sadly, President Trump nation of Kenneth D. Bell, of North Carolina, and a lot of folks who have been elect- turned his back on Iran and looked for- ed to office over there would like to to be United States District Judge for the ward to taking a different course—a Western District of North Carolina. have a friendly, better relationship Mitch McConnell, Roy Blunt, Joni Ernst, different course for sure. with this country. But there are some Unlike North Korea, Iran committed Steve Daines, Roger F. Wicker, John who do not, and I fully acknowledge 2 years ago to unprecedented, invasive Thune, Thom Tillis, John Kennedy, that. John Boozman, Pat Roberts, Mike inspections under a deal called JCPOA. Today, thanks to President Trump’s Rounds, John Cornyn, Richard Burr, On July 14, 2015, after years of careful appointment of John Bolton to be our John Barrasso, Lindsey Graham, Cindy preparation, the Obama administration National Security Advisor—the Presi- Hyde-Smith. began implementing the JCPOA with dent’s National Security Advisor—we Iran and five negotiating partners— The PRESIDING OFFICER. The Sen- are seeing that prediction come truer Great Britain, France, Germany, Rus- ator from Delaware. than I could have imagined. IRAN sia, and China—in an effort to end Last month, the Trump administra- Mr. CARPER. Mr. President, years Iran’s pursuit of nuclear weapons for tion designated the Iranian Revolu- before President Trump moved to the years and, possibly, if we are lucky, tionary Guard as a foreign terrorist or- White House, even before President forever. The deal was not based on ganization, further antagonizing Iran. Obama and his family lived there, our trust; it was based on mistrust—mis- Members of the Trump administration trust. Nation was at odds with an isolated are reportedly mulling over a plan to There is a Ronald Reagan line that country ruled by a repressive leader. It refuse to issue sanctions waivers to our says: ‘‘Trust, but verify.’’ That is not wasn’t long before it became clear to the underlying principle with the Iran European allies who intend to purchase the United Nations and to our coun- deal, the JCPOA. It is mistrust, but oil from Iran, and the administration try’s own intelligence community that verify. That is the theme that has reportedly drawn up plans to send the country I am speaking of was en- underlies the JCPOA. 120,000 of our troops to the Middle East riching uranium for the purpose of ob- Under that agreement, Iran was re- in response to alleged increased threats taining a nuclear weapon, threatening quired to end uranium enrichment for from Iran. But our allies in the region to destabilize a region of great stra- nuclear purposes and would be subject and around the world, including the tegic importance. to invasive inspections by the Inter- French, the Brits, and the Germans, As the world was winding down from national Atomic Energy Agency, the say that they have seen no such threat. a cold war, tensions between the IAEA. To the surprise of many, they All of this is happening in the absence United States and this country were had apparently held up their end of the of a Senate-confirmed Secretary of De- heating up. An administration that bargain until now. fense. some would call naive recently at- We pulled out of the JCPOA a year Earlier this week, I was out for a run tempted to deescalate tensions, taking ago. Our other negotiating partners a couple of miles from here. If you run an unprecedented step to hold out an stayed in, and the IAEA recently cer- from the Capitol down to the Lincoln olive branch to an unpredictable re- tified for the 14th time in a row—I Memorial and then turn around and gime in hopes of reaching a momentous think in February of this year—that sort of head back this way, you run by agreement to stop them from con- Iran has complied with the terms of the Vietnam Veterans Memorial. tinuing to enrich uranium. Surpris- the agreement, the letter and spirit of Whenever I run alongside the memo- ingly, that President trusted and was the agreement that we pulled out of a rial, I take my left hand, and with my willing to give unprecedented conces- year ago. We are the only one who has fingers, I touch the names of 55,000 men sions, all without any reliable mecha- pulled out of it to date. The IAEA itself and women who died in that war. I nism to verify whether the nuclear en- says that the inspection regime laid served with them. I am the last Viet- richment had indeed ended. out by this agreement, the JCPOA, is nam veteran serving in the Senate. My Republican colleagues would be the world’s toughest—the world’s They died, and many of us risked our surprised to hear me say this today, es- toughest. lives over a war that was based—really, pecially today, a week after the anni- Here is the bottom line. Because of premised—on an untruth; some would versary of the U.S. decision to pull out the JCPOA, Iran is much further away say a lie.

VerDate Sep 11 2014 02:23 May 17, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.029 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2909 In August 1964, then-President Lyn- with respect to Iran haven’t just in- mine the power of the hard-liners in don Johnson announced that the North creased the odds of an armed conflict. that country. Actually, it worked—not Vietnamese had engaged the U.S. Navy They have also damaged the credibility perfectly, but it worked. The elections in the Gulf of Tonkin, and he asked of our country around the world. If the that they conducted a couple of years Congress to pass a resolution sup- United States cannot be trusted to up- ago—6 years ago—reflect that. porting retaliatory attacks. The fol- hold our commitments to those with Sadly, this administration—I can’t lowing day, he added these words to his whom we negotiate, there is little rea- believe they did it intentionally, but request: ‘‘The United States intends no son to believe that other countries, let their policy in the last just 2 years or rashness and seeks no wider war.’’ alone nuclear-armed ones like North a little over 2 years—what they have Those were his words in August 1964. Korea, would be willing to negotiate done is to undermine the effectiveness His administration went on to justify with us in good faith. and the standing of the moderates in a bloody, almost decades-long war after Now, there is another option here. Iran, and they have rallied support of that on the basis of that document— Yesterday former U.S. Ambassador Iran around the extremists and around 55,000 of my colleagues, my shipmates, Wendy Sherman published an op-ed in the hard-liners. It is just the opposite my fellow marines, our soldiers, our the New York Times in which she of what was done in the last adminis- airmen—55,000—dead. wrote the following: tration. We had a similar situation in Iraq. It But war is not inevitable. President Trump We have to be smarter than that. We did not involve the Gulf of Tonkin. It campaigned on bringing troops home, not have to be smarter than this. When I did not involve ships. It really didn’t sending tens of thousands more to the Mid- think about the contrast between the involve the Vietnamese. But there were dle East. Such a deployment, although inad- Trump administration’s actions in allegations and assertions that the equate for a full-scale war, is more than fool- North Korea and Iran, I can’t help but Iraqis were developing weapons of mass ish. War in the Middle East, as we should wonder why there is such a stark con- destruction. The President, the Vice have learned by now, is neither swift to end trast? I would not trust the leader of nor sure to achieve its purpose. President—in that case, Bush and Che- North Korea any further than I could ney—the Secretary of Defense, and the Reformists in Iran have expressed an throw him, and for this President to Secretary of State all asserted that the interest in diplomatic solutions with embrace this guy and to trust him in Iraqis were developing weapons of mass the United States and our allies, in- ways that befuddle me—and, I think, a destruction and called on this Congress cluding a possible prisoner exchange. lot of other folks, including folks in his to give the President the power to re- The foreign minister of Iran, whom I party—is beyond me. spond appropriately. first met a dozen years or so ago at the But why has this administration There are 55,000 names on the Viet- Iranian Ambassador’s residence in New been so determined to abrogate a care- nam memorial wall. There is no wall York City—not the Ambassador to the fully crafted deal that keeps Iran from for the 4,100 men and women who died United States but the Ambassador to obtaining a nuclear weapon? Why will in Iraq after Congress provided Presi- the United Nations, a fellow name President Trump not work to ensure dent Bush the authority to respond to Javad Zarif. It turned out that when I the freedom of Americans held in Iran? the alleged, perceived threat of weap- met him, I was impressed with how Well, part of the answer is provided by ons of mass destruction in Iraq. While well-spoken he was. It turns out he had Thomas Friedman, a highly regarded there is no wall on which to write gone to undergraduate school at San famous journalist whose column ap- those 4,100 names, those names are Francisco State, I believe, in Cali- pears from time to time in national written in graveyards in every State in fornia. He is a really smart guy. He is newspapers. this country—4,100 men, women, some not only well spoken but knew a lot Tom Friedman wrote, a year or so young and some old, who laid down about America and spoke English as ago, something called the ‘‘Trump Doc- their lives on what was really based on well as any of us in the room. He went trine.’’ I think it provides an answer to a lie—weapons of mass destruction. to graduate school in Denver, CO, and the question: Why has President I want to say that lie was chiefly per- he ended up here as the Iranian Ambas- Trump been so determined to get us petrated, if I am not mistaken, by a sador to the United Nations. out of the JCPOA and to embrace a fellow named John Bolton and that ad- Later, when Ahmadinejab left of- leader like the one we have over in ministration. fice—Ahmadinejab was a bad guy, a North Korea? Fast forward to today. We have seen really bad guy, and was President of The ‘‘Trump Doctrine’’ from Tom this movie before. Thanks to John Iran before Ruhani—Ahmadinejab sent Friedman goes something like this. He Bolton’s rash actions in the Mideast, I Zarif back home, got him out of the said: ‘‘Obama built it, I broke it’’—‘‘I,’’ can see it happening again. United States, got him back to Iran, being Trump—‘‘you’’—including us I don’t want to see it happen again. I and he sort of disappeared until the here in this body—‘‘fix it.’’ That is it. have been to too many funerals of peo- new elections. Ruhani emerged as the ‘‘Obama built it, I’’—Donald Trump— ple, servicemembers from Delaware, more moderate—kind of a Gorbachev- ‘‘broke it—you’’—the rest of us—‘‘fix who died in Iraq. I don’t want to go to type guy, really—leader in Iran and it.’’ any more. I don’t want to have to visit said: Zarif, I would like you to be my I think my colleagues would agree any more spouses, children, parents, foreign minister. That is like being that it would be a travesty if the Presi- brothers, and sisters, as we have done their Secretary of State, a position dent’s determination to destroy Presi- in recent years with families who have that he still holds. dent Obama’s achievement—an been crushed by sorrow flowing from Not long ago, about a couple of weeks achievement shared by others in this our engagement in Iraq. ago, in that role, he suggested that we country and by our allies and friends John Bolton has agitated for war do a prisoner swap. We hold a number in, among other places, Britain, with Iran for over a decade. He even of people of Iranian descent who are in France, and Germany—but our Presi- wrote an op-ed about it. The op-ed was this country. They hold about a half dent’s determination to destroy Barack entitled: ‘‘To Stop Iran’s Bomb, Bomb dozen or so of our folks, I think mostly Obama’s achievement, the achieve- Iran.’’ with dual citizenship, in their country. ments of his administration—in this Under Mr. Bolton’s leadership, the Foreign Minister Zarif said: Why don’t case, the Iran nuclear deal—led us into Trump administration’s Iran policy is we just do a straight-out prisoner another endless war in the Middle East. becoming ever more dangerous and swap? I urge President Trump, as he has ever more isolated from our traditional That would actually be a good start done in the case of North Korea, to en- allies. This strategy could very well to maybe tamping down the rhetoric gage in diplomacy and ratchet down plunge us into another foreign war, if and to see if we can’t find common tensions with Iran, rather than engag- not corrected. ground with Iran again. ing in needless provocation. This needless escalation is no way to During the 8 years of previous admin- Mr. President, you meet with the conduct our foreign policy or to safe- istrations, our foreign policy was de- President more than I do, but some of guard our national security. What is signed to strengthen the standing of the times I have been with him in the more, the administration’s actions the moderates in Iran and to under- last 2 years, whenever he mentions

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It wasn’t. more troops and a whole lot more about an Alaskan who is making a big Democrats and Republicans opposed money into a war with Iran has to be difference in my State, somebody I it—the majority in both Houses. And something you do with care. refer to as the Alaskan of the Week. by the American people, it certainly So on this 1-year anniversary of the But, you know, this is the Senate and wasn’t. Trump administration’s pulling out of we have debates, and we are respectful Remember, this is the country that, the Iran deal—I think, foolishly doing in our debates, and there is no one in after the deal and during the deal, con- so—I would urge the President and his the Senate I respect more than my tinued to say what? We want to wipe advisers to think carefully about what friend from Delaware, Senator CAR- Israel off the map. It is not a really outcomes we really seek as a country. PER—his service in Vietnam and as a nice, innocent nation saying that: We We should be prioritizing diplomacy at captain in the Navy. When he speaks, I want to wipe Israel off the map. They this time, not escalating tensions and listen, and I have respect. But I actu- continue to say that. risking war with American lives with ally thought, very briefly—it wasn’t Here is the final thing. In my 4 years no coherent strategy. It is my hope what I was planning on doing, but I was in the Senate, I have only heard one that cooler heads will prevail. It is also just listening to someone I respect—I other U.S. Senator—Senator COTTON in America’s best interest that they do. thought I would offer a bit of a counter from Arkansas—even talk about this John Kennedy said a lot of things view for those watching in the Gallery issue. that are memorable, and one of my fa- or on TV on what he just talked about. Starting in 2004, 2005, I was a staff of- vorites is this: ‘‘Never negotiate out of It is a really important issue, but I ficer, as a marine, to the commander of fear, but never be afraid to negotiate.’’ just happen to respectfully disagree U.S. Central Command, and there was ‘‘Never negotiate out of fear, but with most—not everything, but most— top-secret information that started to never be afraid to negotiate.’’ I think of what my colleague just mentioned. show in the region—and we were out we would be wise to remember those So I am just going to touch on that be- there a lot, the Middle East—that the words with respect to Iran. fore I talk about an Alaskan who is Iranians were supplying the Iraqi Shia The last thing I would say to the Pre- doing great work. militia with very sophisticated impro- siding Officer, who is former military, Just listening to my colleague talk vised explosive devices that were kill- is this. When I finish speaking, you are about President Trump’s turning his ing our soldiers and our marines and going to be succeeded by a Marine colo- back on Iran, the sanctions that we our sailors. The Iranians, of course, de- nel who serves here from Alaska. We placed on Iran, which we all voted for nied it. They were lying. know people we serve with people who here in the Senate, are antagonizing It all came out to be true. These were have given their lives up in combat in Iran. Foreign Minister Zarif is a mod- infrared tripwires, explosively formed wars far away around the world. erate. Well, let me just touch on that. projectiles that could punch through We are very proud in Delaware. The I think there is this new narrative that anything—Abrams tanks, humvees— Dover Air Force Base may be the best is starting to come out from my col- and if you were an American soldier airlift base in the world. There are 5,000 leagues, and, again, I have a lot of re- and you got hit by one of these, you or 6,000 people who work there, mostly spect for my good friend from Dela- were pretty much dead. uniformed, and big planes, C–5s and C– ware, but about this kind of blame I asked the Chairman of the Joint 17s. Maybe it is the best airlift base in America first, blame Trump, as if the Chiefs of Staff in an open Armed Serv- the world. generals and admirals weren’t advising ices Committee hearing how many Dover Air Force Base is also home to him, and that Iran is some kind of this American military members were a mortuary. A month ago, the bodies of new innocent moderate that we are killed by these Iranian IEDs, and over three marines, one of whom is from turning our back on and we are sanc- 2,000 was his answer—2,000. I have never Delaware, were brought back to this tioning them and antagonizing them. heard any of my colleagues talk about country. In this case, their vehicle in With all due respect to my colleague on that. Afghanistan was blown up by a road- the other of the aisle, this couldn’t be So the notion that Foreign Minister side bomb, and we lost three of them further from the truth. Iran is no inno- Zarif was a moderate when he was ne- just like that. They are not the first, cent. Iran is no innocent at all. gotiating with Secretary Kerry is and, sadly, they will not be the last Iran is the biggest state sponsor of belied by the facts. This Foreign min- members of our Armed Services to terrorism in the world and has been for ister literally had the blood of Amer- come home. decades. As for the JCPOA, which my ican soldiers on his hands. For one of the marines, Christopher colleague is lamenting, I read that. I So I take these issues very seriously, Slutman, his body came home to his certainly dug into that. I have been in- like my colleague from Delaware does. wife Shannon and to their three daugh- volved in our broader Iran isolation There is this notion that our allies ters, ages 4, 8, and 10. I have seen this policy for many years. That was the were all for the JCPOA. They weren’t. movie before. I have seen it at Dover first major foreign policy national se- Some of our most important allies— Air Force Base with countless bodies curity agreement in U.S. history that Israel, the Gulf Arab States, which we that have come back from overseas. I had a bipartisan majority of Senators have been allies with for decades—were think about those kids every day, and and a bipartisan majority of House adamantly opposed, and they are the I am sure my colleagues think about Members who were against it—against closest to Iran. the men and the women from their it, not for it. That did not have support So this notion that we are going to States who have served, in some cases, in this body—certainly not in the Sen- blame the administration—by the way, with great courage and valor. But the ate, not in the House, and not from the we keep talking about President idea that 55,000 of those colleagues of American people. Trump. He is getting advice from sea- mine who served in Vietnam in a war So as for this myth that somehow soned generals and admirals to rein- that was premised on a lie and 4,100 are this was this great agreement, it force our military presence in the re- buried in graveyards all over this coun- wasn’t. It was a giveaway—billions to gion because they see threats. try—we have to be smarter than that. the largest state sponsor of terrorism, In the media right now, there is this We owe it to not just the families of where in 10 years they are free to go narrative that the President is trying those men and women who have died develop nuclear weapons. This was not to drum up a war. What about the gen- but to the ones who serve today and a good agreement, and this body said erals? What about General Dunford, a their families. so. A bipartisan majority in the House very well respected marine and Chair- ‘‘Never negotiate out of fear, but and the Senate disagreed with Presi- man of the Joint Chiefs? Are they never be afraid to negotiate.’’ dent Obama. A partisan minority in doing this?

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We call this person the Alaskan of Officer Fraize, what makes her so spe- istration is doing with regard to rein- the Week. cial, and why my friend and fellow ma- forcing our military capabilities in the I like to come down to the floor—and rine, Anchorage Police Chief Justin region, and this is the reason: It sends I am not going to take a poll, but I Doll, recommended her. a message to Iran that if they are think it is the pages’ favorite speech of Officer Fraize was raised in Butte, in going to try to do what they did in the week—because I get to talk about Palmer, on 12 acres of land. She did not 2004, 2005, and 2006, which is kill and Alaska and somebody who has really have an easy childhood. She grew up in wound thousands of our military mem- made a difference for the community, a house with no running water and no bers, we are going to have the capa- the State, or maybe even the country. electricity. Her father was an alcoholic bility to make them pay. I like to talk about what is going on who died in a motorcycle accident I don’t like seeing anyone coming in Alaska because I love to encourage when she was just 12 years old, so her through Dover Air Force Base, either, people to come and visit our great mom raised her and her brother by her- but over 2,000 of our troops were killed State. self. Her mom was a tenacious, hard- and wounded by these leaders of the Right now, what is going on in Alas- working mother—a characteristic she largest state sponsor of terrorism in ka? Well, sunset time is approaching clearly passed on to her daughter. She the world. The notion that somehow midnight in many places across the worked her way through college with they are some kind of innocent country State. In Anchorage, the Sun officially her two young children to support and that we are antagonizing or ‘‘turning rose at 5:06 a.m. and will set at 10:42 at the age of 40 got her degree in edu- our back on’’ is not accurate. So watch p.m., but twilight starts at 4 a.m. and cation from the University of Alaska in out for the new narrative that the Ira- ends at midnight. So the Midnight Sun Anchorage. nians are the innocents and that some- is burning bright all across Alaska. In This is Officer Fraize’s mom. You see how we are being provocative. What is the summer, we are hit with this fren- where she gets her good genes. provocative is killing our troops, which zied energy because of this beautiful Times were tough. Money was tight. they have a long history of doing—in Midnight Sun in the sky. You will find They often had to shower at the uni- Lebanon, the marines—and we need to many of us up late playing softball, versity. Their car was always breaking send a signal that if they are going to doing yard work, fishing, painting down. They were always struggling to look at doing this again or trying to or houses, talking to our neighbors. So it make it, but they always did make trying to kill our diplomats, it is not is a great time to be in Alaska. I urge ends meet—a family struggling and going to be so easy this time. everybody here in the Gallery to come barely making it. I support what is happening there, on up. None of that dimmed Officer Fraize’s and I hope my colleagues will. The Presiding Officer also has a great dream of catching the bad guys—a We are going to get a briefing by the State to visit, the State of Florida. So dream she had since seventh grade. She Secretary of State, the Secretary of go down to Florida, and then you can graduated with honors from high Defense, and the CIA next week on take the 4,000-mile trip to Alaska. You school and was able to attend the Uni- this, which I think is appropriate. Let’s will have a great time. Make your trav- versity of Washington when she was remember who the real bad guys are. el plans now. only 16 years old—very smart. Her first We are Americans. Yes, we have polit- As you know, what makes my State job out of college was as a residential ical differences, but somehow, if we or your State truly great is not the youth counselor working with adoles- start to make this narrative that Iran hours of Sun it gets—and the Presiding cent sex offenders who had mental is the innocent and somehow the Officer’s State does get a lot of Sun health issues. So right away, she was in Trump guys—John Bolton, for exam- too—or its glorious mountains or spar- the law enforcement area. ple—are some kind of evil people— kling seas, all of which we have in When her husband was offered a job come on. Come on, really? The largest Alaska in spades; it is the people who with the Anchorage PD, she decided at state sponsor of terrorism, responsible help build strong families, strong com- that time that she, too, wanted to be a for killing and maiming and wounding munities, strong cities, and a strong police officer. thousands of American soldiers, the State. Officer Fraize has had various duties best and brightest in our country, and The person I want to honor today is in the 12 years she has worked as an we are the bad guys? I don’t think so. Anchorage Police Officer Angie Fraize, Anchorage police officer. She has been So watch out for that narrative. I our Alaskan of the Week. a police officer, a coordinator for the certainly hope it is not going to be I think it is very appropriate that we academy, and now she is a recruiter something my colleagues on the other are celebrating our police forces across particularly focused on recruiting side of the aisle start getting out there. the country, all across America. There young women and spreading the word It is already in the media. You have were many thousands in DC this week about how great APD is. So if you want the former negotiator for President because they are a force for good in our an adventure and you want to come to Obama making these statements that, communities who often go Alaska and you like law enforcement, somehow, poor Iran; all-bad America. I unappreciated. give her a call. am not a big ‘‘blame America first’’ I got to speak last Friday at the An- All the jobs Officer Fraize has had re- member, and I think we need to be chorage police memorial ceremony, quire empathy. She said her life experi- really careful when we talk about try- and it was a very somber event. We ences have given her that empathy. ing to demonize our generals, admirals, have a big memorial there of all the Chronic alcoholics, she said, don’t and national security advisers and first responders and law enforcement wake up every day choosing to drink. make the Iranians look like they are officers who have been killed in the People who act badly don’t wake up some kind of innocents when they are line of duty in Alaska over the last 100- wanting to be bad people. The trick, not. plus years. she said, is to listen to people, to find I wish more of my colleagues would As I mentioned, all jobs are impor- a connection, and to see the humanity talk about the number of dead military tant, no doubt about it, but there is in each individual. members killed and wounded by the something special, something noble, She is also incredibly passionate Quds Force in Iran, because they never and something even sacred, I would about connecting police officers with do. No one here ever talks about it. say, about a job that entails protecting the people they protect, so she chairs a Amnesia. others and putting your life on the line group called Anchorage Cops for Com- (Thereupon, Mr. SCOTT of Florida as- to keep your fellow citizens safe. munity, where the police officers inter- sumed the Chair.) This week, I thought it would be fit- act with the public in positive ways at TRIBUTE TO ANGIE FRAIZE ting to honor Anchorage Police Officer coffee shops, community council meet- Mr. President, as I mentioned earlier, Fraize. She is one of more than 400 ings, and public events throughout An- it is Thursday afternoon, and it is the sworn police officers, brave men and chorage. This gives the community a

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Consider Mr. Putin’s role ing relay at a local barbecue res- lives in defense of our community. in Syria’s civil war and support for dic- taurant in Anchorage. Members of the These law enforcement officers were tator Bashar al-Assad. He murdered community came out to cheer their fa- young, and they went into danger rath- hundreds of thousands of citizens and vorite police officer and fireman. The er than running away from danger. We assisted in the collapse the country’s proceeds went to Special Olympics lost two of our officers last year. infrastructure. Russia has shown us Alaska, which is another passion of Amy Sorrells Caprio from Baltimore time and again its disdain for inter- hers. County, my home jurisdiction, a mem- national laws and norms under Mr. Officer Fraize is a great champion of ber of the Baltimore County Police De- Putin’s leadership. advocating for those with special partment, died before reaching the age After the trifecta of Russian inter- needs. She and her husband have two of 30, pursuing a burglary suspect who ference in Ukraine, Syria, and our daughters: Italia, who is 14 years old, struck and killed her with the vehicle democratic Presidential election here, and Gianna, who is 10. Gianna has being operated by the suspect. She I partnered with nine bipartisan col- Down syndrome and, according to Offi- leaves behind a husband, parents, and leagues within the first week of the cer Fraize, is the most popular girl in sister. Our prayers are with her. 115th Congress in January of 2017 to in- her fourth grade class. That is no sur- The second police officer I would like troduce the Countering Russian Hos- prise. to honor is Mujahid Abdul Mumin tilities Act. It is comprehensive sanc- Officer Fraize is the chair of a local Ramzziddin, a 51-year-old police officer tions legislation on Russia in response group that advocates for individuals from Prince George’s County, MD, to its cyber intrusion, aggression, and with special needs, and she is also in- close to where we are right here. He destabilizing activities in the United volved in the Special Olympics Law was off duty, and he observed the need States, Ukraine, Syria, and worldwide. Enforcement Torch Run, which is a to help a person who was a victim of Over time, we learned that Mr. great event that so many in our com- domestic violence. He went to help Putin’s increasing aggressive behavior munity get behind. She was one of 50 that person and was ultimately killed abroad is directly related to his need to police officers in America chosen to by the perpetrator. maintain power at home. carry the torch at the 2019 Special He leaves behind a wife and four chil- In January of 2018, I released a For- Olympics World Summer Games in Abu dren, and our prayers are also with eign Relations Committee Democratic Dhabi. She brought the torch home to him. member report that documented Mr. Alaska, and she is giving it to Special RUSSIA Putin’s pattern of asymmetric warfare Olympics in Alaska this weekend at Mr. President, I rise today to address against democratic institutions, uni- the 2019 Alaska Law Enforcement the continuously abusive nature of the versal values, and the rule of law in Torch Run and Pledge Drive. This is Russian Government in impeding on Russia and across Europe over the last going to be a great event. the human rights of its people and the 20 years. The report details the tools Anchorage Police Chief Justin Doll people across the globe. From inter- the Russian Government has repeat- said: ference in democratic processes around edly deployed and perfected, as well as We are so proud of Officer Fraize’s work at the globe to its malign influence in its techniques to attack democracies the APD, and I believe the rest of Anchorage Syria, to its continued aggression both internally and abroad. should be as well. She is the epitome of the against Ukraine, Mr. Putin’s regime Among many other takeaways, we public servant ideal that is the foundation of must be held accountable for its learned that Mr. Putin will continue to our relationship with the Anchorage commu- crimes. simultaneously step up his attacks on nity. I am genuinely honored to have her at As we all know, Vladimir Putin has democracies around the world while APD upholding our most cherished tradi- been openly and willfully attacking also acting to maintain power in Rus- tions of community service. democratic institutions and processes sia. That is the Anchorage police chief. to corrode good governance and our We have also learned that it is ulti- We are also proud of all our police of- values. His tools are drawn from a So- mately the Russian people who bear ficers and first responders in Alaska. viet-era playbook but are constantly the brunt of Mr. Putin’s international We are so grateful for the work they do being updated with improvements. He decisions. We have an obligation to to keep us safe. We want them to know is a pusher—constantly pushing the support human rights around the that we honor their jobs and their com- limits of acceptable international be- globe, both as individuals and as a na- mitment to our community. We also havior and then going over the line. We tion. Part of that obligation is ensur- honor their families. These are very cannot overlook the phenomenon that ing that violators of international tough jobs, and it is hard on supportive is unfolding across the European con- human rights are held accountable for families when a wife or husband goes tinent, the wider region, and now, yes, their actions and are not given the re- off every morning to a job that could here in our Western Hemisphere. sources they need to continue their ne- involve risking their lives. Just a few weeks ago, Special Coun- farious actions. We want them to know, not just in sel Robert Mueller released to the pub- In an effort to address these obliga- Alaska but here in the Senate, we have lic a redacted version of his report on tions, I was fortunate to work closely their backs. Russia’s interference in our 2016 Presi- with the late Senator from Arizona, To Officer Fraize, thanks for all that dential election, revealing another one John McCain, on the Sergei Magnitsky you do. We are so lucky to have offi- of Mr. Putin’s plots to interfere with Rule of Law Accountability Act of 2012. cers like you in Alaska, looking out for and tarnish the democratic process of a As you may know, Sergei Magnitsky us. Thank you for being our Alaskan of strong nation. Special Counsel Mueller was a Moscow-based lawyer who brave- the Week. described the Russian effort as taking ly uncovered deep-rooted, high-level I yield the floor. place in a ‘‘sweeping and systematic corruption in Russia over a decade ago. The PRESIDING OFFICER. The Sen- fashion,’’ a premeditated attack by the Like any good lawyer, he reported his ator from Maryland. Kremlin. discoveries to the authorities. For NATIONAL POLICE WEEK Russia’s aggression on the inter- doing his job, he was arrested, jailed, Mr. CARDIN. Mr. President, I am national stage continues to grow and is tortured, and killed in prison. When I going to take this time to speak about deserving of global condemnation. The learned about Sergei’s life and work Russia. But if I might, following up on United States is just one of many na- and the complete violation of basic the point by the Senator from Alaska, tions targeted by the Putin regime human rights and rampant impunity first, I want to applaud the police offi- whose democracy was and is system- that met the perpetrators of these cer you are honoring this week. ically targeted and attacked. crimes, I was shocked.

VerDate Sep 11 2014 03:33 May 17, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.034 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2913 Originally, the Sergei Magnitsky almost 300 individuals hostage as polit- some of it absurd and some of it on Rule of Law Accountability Act pro- ical prisoners in Russia. point. I understand some of it. I vides that anyone involved in Sergei’s Most recently, the President has thought there should have been more imprisonment, torture, or death who scheduled another formal meeting with information provided to all of the has not been brought to justice in Rus- Mr. Putin next month during the an- Members. I am pleased to see that sia would be denied access to our finan- nual G20 Summit. Of course, Secretary more will be available next week when cial system or the ability to travel to Pompeo just met with Mr. Putin on we return. This is an item I have been our country. The bill also targets those Tuesday. Human rights must be on the talking about for a couple of weeks—of who have abused their power in the agenda for such talks. the urgent threat, potentially, that country to violate the human rights of In 2016, a Russian human rights ac- now exists from Iran against the anyone in Russia who disagrees with tivist and a person who has dissented United States, particularly in Iraq but Mr. Putin’s corrupt regime. from Mr. Putin, Vladimir Kara-Murza, throughout the Persian Gulf region. Senator McCain and I wanted to send testified before the Senate Foreign Re- First, let me talk about the threat. a signal to Mr. Putin and his co- lations Committee, expressing how the To understand the threat, it is impor- conspirators that there will be con- United States could help Russian de- tant to understand how Iran operates. sequences for their actions and their fenders. Iran is an Islamic republic, meaning inactions. The Sergei Magnitsky Act He stated: it has a political branch of its govern- was, is, and will continue to be an ef- Our friends in the West often ask how they ment—a President, a Foreign Minister, fective tool at doing just that. can be helpful to the cause of human rights and a parliamentary body. Then it has Senator McCain and I agreed that the and democracy in Russia and the answer to a Supreme Leader, who ultimately gov- United States must lead the world by this is very simple. Please stay true to your erns the country. In essence, his com- using the power of our financial and values. We are not asking for your support. mands overrule the political branches. It is our task to fight for democracy and rule legal institutions to hold human rights of law in our country. The only thing we ask That is why they call him the Supreme abusers and corrupt individuals across from Western leaders is that they stop sup- Leader. He is a religious figure. As part the globe accountable for their crimes. porting Mr. Putin by treating him as a re- of that, it has an armed services—an That is why we continued to work to- spectable and worthy partner and by allow- army, a navy, and an air force—that gether to author the Global Magnitsky ing Mr. Putin’s cronies to use Western coun- protects the country, theoretically. Human Rights Accountability Act, tries as havens for their looted wealth. Then it has an armed forces that is which was signed into law in 2016. Sen- That is exactly what the Magnitsky independent of the army, the navy, and ator McCain and I shared the critically Act is all about—to deny that legit- the air force, and that is the Islamic important belief that the value of imacy. Revolutionary Guard Corps, IRGC. American leadership in enforcing I ask that we take these words to First of all, it doesn’t answer to the human rights worldwide transcends heart. The threat that Russia poses to President; it doesn’t answer to the For- party lines. our global community has never been eign Minister; and it doesn’t answer to I might point out that following the more evident. But we must remember regular army forces. It answers di- U.S. example, other countries have en- the distinction between Mr. Putin’s re- rectly to the Supreme Leader. A lot of acted similar laws to make sure we gime and the Russian people. The Rus- times, people don’t understand this. have a blanket protection against sian people are good, freedom-seeking They ascribe to other countries the at- those who commit these human rights people who want economic security and tributes of our own. violations. stability for their families just as we The President of Iran is not the com- In the past year, Global Magnitsky do in the United States. This is an im- mander in chief, in reality, of the designations have targeted individuals portant distinction for us to keep in IRGC. It operates completely sepa- around the world responsible for acts of our minds and our hearts as we con- rately. By the way, that means that genocide, violence, and significant cor- tinue to pursue effective tools to the IRGC—the Islamic Revolutionary ruption. My colleagues and I have counter Mr. Putin’s threats to the Guard Corps—can oftentimes operate called for numerous sanctions under international order and the values we and do things that the Foreign Min- this act, and I am pleased that the ad- hold so dear. ister, who is the spokesperson for the ministration has acted, particularly So as we work to shape U.S. policy Iranian Government, may not even issuing Executive order 13818, which ex- and diplomatic strategies toward Rus- know about. Sometimes it does. panded Global Magnitsky authorities. sia, I urge my colleagues to keep in The point is that we have to under- Freezing the financial assets of per- mind the aspirations of the Russian stand that dynamic. It is not the petrators and denying them visas to human rights defenders who risk their United States. Our attributes should the United States sends a clear mes- lives in order to advocate for a Russia not be assigned to them. sage: We will not stand by while indi- free of authoritarian and abusive lead- The IRGC has an organization within viduals are stripped of their freedoms ers. it. It has a unit called the Quds Force. and their rights. I yield the floor. The Quds Force, led by General Unfortunately, while the Global I suggest the absence of a quorum. Soleimani, is made up of experts and Magnitsky legislation has proved The PRESIDING OFFICER. The has developed expertise in unconven- hugely successful, we continue to wit- clerk will call the roll. tional warfare and in intelligence ac- ness human rights violations around The senior assistant bill clerk pro- tivities, primarily abroad. This is the the world and, more specifically, at the ceeded to call the roll. organization, for example, that helped hands of Mr. Putin. Mr. RUBIO. Mr. President, I ask to build all of the IEDs that killed and In recent reports, human rights unanimous consent that the order for maimed American servicemen in Iraq. groups have noted that the number of the quorum call be rescinded. This is the organization behind the political prisoners in Russia has risen The PRESIDING OFFICER (Mr. Shia militias in Iraq today. This is the at a rapid rate over the past few years. BRAUN). Without objection, it is so or- organization behind a lot of the efforts Many of these groups are calling on the dered. that support Hezbollah in Syria and in United States to impose sanctions on THE MIDDLE EAST other parts of the world. more Russian officials to hold them ac- Mr. RUBIO. Mr. President, dominant The IRGC’s Quds Force is designed to countable for the inhumane treatment in the news—on which I have expected do things that have some level of of over 250 reported political prisoners. there to be more coverage—is a matter deniability. The IRGC Quds Force has Unfortunately, this issue of Russian that I think is of great urgency to the developed an ability, in the case of con- political prisoners has not been the country, global security, and peace— flict with the United States—and we forefront of the U.S.-Russia discus- that being the tensions that are rising have known this now for the better sions. That needs to change. in the Middle East. part of a decade—to attack us using President Trump continues to treat I have heard a few of my colleagues proxies, meaning other groups, in order Mr. Putin with the utmost respect, de- speak on the floor about it today, and to escape and have some level of spite the Russian President’s holding I have seen a lot of press report on it, deniability. It will get some group that

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.036 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2914 CONGRESSIONAL RECORD — SENATE May 16, 2019 it has stood up, that it has equipped, Yet I am concerned about some of the to this—or that the intelligence was and that it has trained to attack us in reactions I have seen with regard to flawed or that it wasn’t Iran but one of retaliation for something America has this because I think they bode ill both these other groups. done, but it can deny it. It can say: for this case and for the future. By the way, the more of that Iran That wasn’t our army. That wasn’t our One of the first reactions I have seen reads, the likelier it is to do this. That air force. That was this other group is that this is not true, that they are doesn’t mean I don’t believe we can that did it on its own. literally making it up, that there is no have a legitimate debate. I support des- This is a capability we know it has such intelligence, and that it is being ignating the IRGC as a terrorist orga- built not just in the Middle East, by exaggerated. There are even some nization. We can have a legitimate de- the way, but all over the world. We leakers—I don’t know who these people bate about whether that should have have been aware of it for a long time. are—who are lying to media outlets been done but not right now. Right It is not a secret to anyone, and it is a about the contents of this intelligence now, Americans potentially stand in capability that it has increasingly per- because they have axes to grind harm’s way, and they need the United fected. against somebody else in the adminis- States of America to be supporting ef- What has happened here very re- tration, and they want to create em- forts to defend and to protect them. cently is there has been a persistent barrassment. Here is what I know none of us can and clear stream of information—a Look, I get this bureaucratic infight- disagree with, I hope: No. 1, that if clear indication—that has arrived to ing, but I don’t understand it when it there is any serious indication that American policymakers that the IRGC, comes to issues of national security. Americans anywhere are threatened, the Quds Force, and their proxies in Even if this information is 50 percent we must position ourselves to protect the region pose a serious and poten- accurate, we have an obligation to err them, defend them, extract them, and tially imminent threat to U.S. forces on the side of caution, especially when retaliate if they are attacked. The sec- and U.S. civilians in Iraq and in the American lives are on the line. ond thing we should all be able to agree broader Middle East. I encourage all Senators to read this on is that if Americans come under at- The President of the United States information or access it through their tack, even if it is from a proxy force and the administration are confronted offices and, obviously, when we have a that is directed by a foreign agent like with this information. What is the briefing with the appropriate officials, the IRGC, not only must we defend wholly appropriate thing for them to to attend that as well, and I believe against that attack, but we must pun- do? The appropriate thing for them to you will agree with me. ish it with swift retaliation. That do is to reposition military assets to The second thing I am hearing is should unite us on a matter of incred- the region, No. 1, to protect the Ameri- ‘‘Oh, this is just a path to war’’—equat- ible importance. cans who are there in case they come ing this to the Iraq war of over a dec- I hope all of the misinformation will under attack and, No. 2, to be in a posi- ade ago. This is nothing like that. That stop because this matter is too impor- tion to retaliate. was an offensive operation. That was tant with which to play political The reason this is important is you an invasion of another country. This is games. hope to deter this sort of attack. What not posturing for a military attack; I yield the floor. you are hoping to do is to show them this is military posturing for the pur- I suggest the absence of a quorum. that we have military capabilities in poses of defensive operations. As I have The PRESIDING OFFICER. The the region so that if we are attacked by said repeatedly, it is very straight- clerk will call the roll. their proxies at the direction of the forward: If Iran attacks, there will be a The legislative clerk proceeded to Quds Force, we are going to respond to war. If Iran does not attack, there will call the roll. that forcefully. What you hope that not be a war. Mr. MURPHY. Mr. President, I ask will do, along with public messaging, is I think the most disappointing is unanimous consent that the order for get into their heads and make them de- some insinuation, including by Mem- the quorum call be rescinded. cide ‘‘We are not going to do this.’’ bers of this body—publicly and pri- The PRESIDING OFFICER. Without That is what has happened here, and it vately—that somehow, we are going to objection, it is so ordered. is wholly appropriate. provoke an attack; that elements of HEALTHCARE For a moment, I want you to imag- the American Government are going to Mr. MURPHY. Mr. President, across ine. If, in fact, an attack such as this go out and do something to get Iran to America, there are 130 million individ- occurred and if, God forbid, hundreds of hit us so that we will have an excuse to uals who have a preexisting condition. Americans were killed, the first ques- go to war. I don’t know how you prove This means individuals have a diag- tion everybody would have is, Why a negative, but I find that to be wholly nosis, an illness, a medical condition didn’t we have military assets in the unsubstantiated and dangerous. that without the Affordable Care Act region to protect them? Why couldn’t Let me tell you why this is problem- would likely mean they were priced out we get them out? That is the first ques- atic. What encourages Iran to believe it of insurance because the costs associ- tion everyone around here is going to can get away with this is that it be- ated with their illness are so high that ask. lieves if one of these groups—one of the no insurer would provide them cov- What the administration has done to Shia militias in Iraq—attacks us, it is erage or the cost of insurance is much pre-position military assets in the re- going to be able to say that it is ‘‘not higher than those who don’t have that gion for this potential contingency is us,’’ that it is some rogue group that illness or that condition. entirely appropriate. Also appropriate did it. ‘‘Don’t hold us responsible for These preexisting conditions don’t is the notion that we are not going to it.’’ The more Iran thinks it can get discriminate. They affect Republicans start a war, but if we are attacked by away with that, the more likely it is to and Democrats, liberals and conserv- Iran’s proxies, we are going to respond do it. So it is important that this be atives, people who watch FOX News, against those proxies, and we are going exposed for what it is. people who watch MSNBC. This isn’t a to hold Iran responsible. It is going to The second reason Iran thinks it can partisan issue; preexisting conditions pay a price for this as well. Who could get away with it is I think it believes affect everybody. disagree with the notion that if we are it can exploit our political divisions. I In my State, give or take, 522,000 peo- attacked, we have a right to defend think Iran reads these newspapers and ple have preexisting conditions, and I ourselves and respond? That is the only watches the news and realizes that talk to them every time I go back to thing that is happening here. some percentage of Americans and, Connecticut. I remember 2 years ago I am pleased that in the last day, certainly, a significant percentage of when I was walking across the State— more Members of the Senate have been Americans in politics is going to, in something I do every year. I take about made privy to this stream of informa- some way, take Iran’s side on this. a week in the summer, and I walk from tion so that people can begin to see People are going to say that we pro- one end of the State to the other end— that the actions the administration voked it—that this is our fault, that we there were families who would find out has taken up to this point are not just did something that made Iran mad, on social media where I was going to be wholly justified but are appropriate. that we created the tensions that led walking that day and pre-position

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.038 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2915 themselves hours ahead of time by the Here is the substance of the request I fered another piece of legislation to side of the road so they could tell me was planning to make today. Last stop that lawsuit from going forward. about their diagnosis. One young week, the House of Representatives We don’t have any takers on the Re- woman was sobbing on the side of the passed a piece of legislation called the publican side. This assault is real. I road in Meriden, CT, as she explained Protecting Americans with Preexisting didn’t make it up. It is not imagined. If to me her lupus diagnosis and how, Conditions Act, and what this legisla- this court case that the Trump admin- without the Affordable Care Act and tion would have done—and will do, if istration is pushing succeeds, over- the protections it provides her, she passed and signed by the President—is night the entirety of the Affordable would not have insurance; she would prevent HHS from taking any action to Care Act will be invalidated, and there not be able to afford the medications implement the administration’s waiv- is no plan to replace it. that keep her well and alive; and her ers for States to set up these junk If these junk plans go into effect—lis- life would be ruined. Those individuals plans, these skimpy plans. ten, maybe I will be wrong. I hope I am are freaking out today because they It is in keeping with the intent of the wrong. Maybe there will not be a flight have watched this President—and Affordable Care Act, which is to allow of people to these skimpy plans, but frankly this Republican Congress—use flexibility for States—there is an abil- much of the analyses I have seen sug- every power at their disposal, every ity under the Affordable Care Act for gests that will happen. If it does, there tool in their toolkit to try to take States to innovate and to be flexible, is just no way, other than for the cost away these protections for people who but the Affordable Care Act says you to go up for everybody who is left be- are sick, for people who, through no can’t do that in a way that hurts con- hind on the regulated plans. I don’t fault of their own, just have higher sumers. You can’t do that in a way know about you, but when I talk to my medical bills than the rest of us. They that provides less coverage to con- folks living paycheck to paycheck in don’t feel like they should be discrimi- sumers. Connecticut, they don’t have a lot of nated against or forsaken by the health The rule the Trump administration is room in their budget for increased pre- insurance marketplace because of their proposing, in many of our minds, is a miums for healthcare. They are maxed unfortunate diagnosis. violation of the Affordable Care Act in out as it is. The latest assault on people with pre- and of itself, which is still the law of So I will stand down for now, but I existing conditions comes through an the land, but this piece of legislation will be back early next week to offer effort by the administration to allow would clarify that you cannot allow for this unanimous consent request. I States to sell insurance plans that the development and widespread sale of hope, if my colleagues turn it down, if don’t cover basic medical needs, plans these junk insurance plans without they don’t want to bring up a piece of that would allow for a skimpy set of dramatically harming the healthcare legislation that would stop this latest benefits to be sold out on the insurance of the 130 million Americans who have regulatory assault on the Affordable marketplaces. Now, admittedly, that preexisting conditions. Care Act, that they will come to the So my intent was to ask for a unani- might be good news for pretty healthy table with other ideas as to how to pro- mous consent request to bring this bill people who don’t want to pay for a full tect people with preexisting conditions for a vote in the Senate. I will do that insurance product because they think from this campaign of sabotage by the next week. they don’t need it. administration; that they will finally The first problem with that is you At some point, we have to act like we actually are the U.S. Senate. It is not recognize that this assault on the Af- are only healthy until you are not fordable Care Act in the court system healthy. The second bigger problem is, enough to just say over and over again that you support people with pre- is a really awful precedent to set. when all the healthy people go to these It is going to come back and bite all skimpy plans—sometimes called junk existing conditions and then do noth- ing as the administration launches a of us as legislators if it is successful. plans—and all the people with pre- Without any real hope of a replacement existing conditions get left behind on daily, nonstop, unending, unceasing, relentless effort to destroy healthcare for the Affordable Care Act, it leads to the regulated plans, where insurance is a humanitarian disaster in which 20 real, where it covers everything you for people with preexisting conditions. This is the latest assault on people million to 30 million people lose insur- need, costs go down for the healthy with preexisting conditions, but it ance because of it. people, and they go through the roof stands in a very long, ongoing line of This is as important as it gets. There for the sick people, which is the entire actions by this administration, backed is very little that matters to people problem we were trying to solve in 2009 up by Republicans in the Congress, to more than their health and their and 2010. It is, in fact, the problem the try to reduce coverage and increase healthcare, and I hope that possibly Republicans say repeatedly out on the costs for people with preexisting condi- next week we can come together as a campaign trail and back in their dis- tions. body and finally do something about tricts and States that they want to It started, of course, with the whole the administration’s attempt to take solve too. I don’t know that I have met repeal effort, which would not have re- away these protections for sick people a Republican Senator who doesn’t say placed the Affordable Care Act with and people with complicated diagnoses that they don’t think people with pre- anything meaningful. The bill that all across the country. existing conditions should be discrimi- passed the House of Representatives I yield the floor. nated against. Yet this rule the admin- would have stripped healthcare away I suggest the absence of a quorum. istration is proposing is going to allow from 30 million Americans. The tax bill The PRESIDING OFFICER. The States to do just that. It will allow for that included a portion of healthcare clerk will call the roll. a ‘‘have and have not’’ insurance sys- repeal that was passed and signed by The legislative clerk proceeded to tem, in which people with preexisting the President eliminates healthcare for call the roll. conditions are charged more and people 13 million Americans, and many of The PRESIDING OFFICER. The ma- without preexisting conditions are those have preexisting conditions. jority leader is recognized. charged less. As we speak today, the administra- Mr. MCCONNELL. I ask unanimous My intention was to come down to tion is readying to go to court with a consent that the order for the quorum the floor today and offer a unanimous whole bunch of Republican attorneys call be rescinded. consent request to get us on the road general to ask the Federal judicial sys- The PRESIDING OFFICER. Without to solving this latest assault on people tem to overturn protections for people objection, it is so ordered. with preexisting conditions. Let me ex- with preexisting conditions. So having f plain to you what my request was failed to get the entirety of the bill re- going to be. I understand there are Re- pealed through the Congress, the ad- JOINT REFERRAL OF NOMINATION publican objections, and there is not ministration now is going to court to Mr. MCCONNELL. Mr. President, I the ability to object today when I try to get the protections for people ask unanimous consent that the nomi- make this request, so I will reserve the with preexisting conditions repealed. nation of Robert Wallace, of Wyoming, right to make that request until early Once again, this Congress, this Sen- to be Assistant Secretary of Fish and next week. ate is silent on that case. We have of- Wildlife, sent to the Senate by the

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.040 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2916 CONGRESSIONAL RECORD — SENATE May 16, 2019 President on May 13, 2019, be referred tion to reconsider be considered made social work in 1959, a master’s degree jointly to the Committee on Energy and laid upon the table; that the Presi- in rehabilitation counseling in 1961, and Natural Resources and the Com- dent be immediately notified of the and a doctorate in educational psy- mittee on Environment and Public Senate’s action; that no further mo- chology in 1972. At the time, he was Works. tions be in order; and that any state- one of three African Americans to The PRESIDING OFFICER. Without ments related to the nomination be progress from assistant professor to objection, it is so ordered. printed in the RECORD. full professor at SIU, first African- f The PRESIDING OFFICER. Without American associate dean of a college, objection, it is so ordered. and the second of three African-Amer- EXECUTIVE CALENDAR The question is, Will the Senate ad- ican deans. Mr. MCCONNELL. Mr. President, I vise and consent to the Tueller nomi- Generations of all ages could come to ask unanimous consent that the Sen- nation? Seymour for advice. It was that kind of ate proceed to the consideration of the The nomination was confirmed. trust that earned him leadership roles throughout the community. He was ac- following nominations: Executive Cal- f endar Nos. 189, 192, and 194. tive in a variety of roles, including The PRESIDING OFFICER. The EXECUTIVE CALENDAR president of the Carbondale chapter of clerk will report the nominations. Mr. MCCONNELL. Mr. President, I the NAACP, member and chair of the The senior assistant legislative clerk ask unanimous consent that the Sen- Diversifying Faculty Initiative, presi- read the nominations of Jane L. ate proceed to the consideration of Cal- dent of the Jackson County 708 Mental Corwin, of New York, to be Commis- endar No. 172; that the nominations be Health Board, and president and mem- sioner on the part of the United States confirmed; that the motions to recon- ber of the board of directors of the on the International Joint Commis- sider be considered made and laid upon Carbondale United Way. sion, United States and Canada; Robert the table with no intervening action or Seymour received numerous awards C. Sisson, of Michigan, to be Commis- debate; that no further motions be in throughout his life, including the Sen- sioner on the part of the United States order; that any statements related to ator Emil Jones Mentoring Award, the on the International Joint Commis- the nominations be printed in the Introspect Access Award, the Distin- guished Service Award from the Illi- sion, United States and Canada; and RECORD; that the President be imme- Lance V. Yohe, of North Dakota, to be diately notified of the Senate’s action, nois Committee on Black Concerns in Commissioner on the part of the and the Senate then resume legislative Higher Education, and the 2019 SIU United States on the International session. Distinguished Alumni Award for his humanitarian impact. Joint Commission, United States and The PRESIDING OFFICER. Without His family was never far from his Canada. objection, it is so ordered. There being no objection, the Senate heart. He loved time with his grand- The nominations considered and con- children. They had wonderful trips to proceeded to consider the nominations firmed are as follows: en bloc. Dairy Queen and seeing movies to- IN THE COAST GUARD gether. They got their love of reading Mr. MCCONNELL. I ask unanimous The following named officers for appoint- through him and their trips to book- consent that the Senate vote on the ment in the United States Coast Guard to nominations with no intervening ac- stores. He captured much of these mo- the grade indicated under title 14, U.S.C. sec- ments in film as an amateur photog- tion or debate; that if confirmed, the tion 271(e): rapher. motions to reconsider be considered To be rear admiral (Lower Half) Seymour helped define what it meant made and laid upon the table; that the Capt. Brendan C. McPherson to be a Saluki in his career and life. He President be immediately notified of Capt. Douglas M. Schofield passed away on May 5, we remember the Senate’s action; that no further Capt. Andrew M. Sugimoto him for his service to his community. motions be in order; and that any Capt. Richard V. Timme Seymour is survived by his loving Capt. Todd C. Wienmers statements related to the nominations wife of 59 years, Marjorie Bryson; son, be printed in the RECORD. f Todd Bryson; daughters, Robin Bryson The PRESIDING OFFICER. Is there LEGISLATIVE SESSION and Keri and her husband Stephen objection? Burns; grandchildren, Jordan Bryson, The PRESIDING OFFICER. The Sen- Without objection, it is so ordered. Keric Young, Kendall Young, Adrian ate will now resume legislative session. The question is, Will the Senate ad- Bryson, Francesca Sanchez, Fernando vise and consent to the Corwin, Sisson, f Sanchez, and Isaiah Burns; sisters, and Yohe nominations? MORNING BUSINESS Susie Barnes and Janice Bryson Carol The nominations were confirmed en and her husband Paul Henry of bloc. Mr. MCCONNELL. Mr. President, I Carbondale, and brother, Raymond and f ask unanimous consent that the Sen- his wife Cynthia Bryson; and a host of ate be in a period of morning business, nieces, nephews, and dear friends. EXECUTIVE CALENDAR with Senators permitted to speak f Mr. MCCONNELL. Mr. President, I therein for up to 10 minutes each. ask unanimous consent that the Sen- The PRESIDING OFFICER. Without REMEMBERING HARVEY WELCH ate proceed to the consideration of the objection, it is so ordered. Mr. DURBIN. Mr. President, it didn’t following nomination: Executive Cal- f feel historic at the time for Harvey endar No. 185. Welch, but it was. Harvey, a native of REMEMBERING SEYMOUR BRYSON The PRESIDING OFFICER. The Centralia, IL, came to Southern Illi- clerk will report the nomination. Mr. DURBIN. Mr. President, basket- nois University Carbondale on a bas- The senior assistant legislative clerk ball brought Seymour Bryson to the ketball scholarship and became the read the nomination of Matthew H. Southern Illinois University at first Black student at the university to Tueller, of Utah, a Career Member of Carbondale in 1955. He had a record-set- letter in basketball in 1951. He achieved the Senior Foreign Service, Class of ting career at the school, winning most this 3 years before the Brown v. Board Minister-Counselor, to be Ambassador valuable player all 4 years, setting a ruling found school segregation uncon- Extraordinary and Plenipotentiary of then-school record in scoring and hold- stitutional. the United States of America to the ing the school’s record for rebounds, Harvey played basketball at SIU Republic of Iraq. which stands to this day. As remark- from 1951 to 1954. He also was the first There being no objection, the Senate able as his basketball career was, Sey- Black student to complete the ROTC proceeded to consider the nomination. mour went on to make his mark with program at the university. When he Mr. MCCONNELL. I ask unanimous more than four decades of work mak- finished college, he joined the U.S. Air consent that the Senate vote on the ing SIU a better place. Force and was one of the first three nomination with no intervening action Seymour was a three-degree alumnus Black officers to be promoted to lieu- or debate; that if confirmed, the mo- of SIU, earning a bachelor’s degree in tenant colonel.

VerDate Sep 11 2014 04:31 May 17, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.044 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2917 Never forgetting SIU, Harvey came VOTE EXPLANATION Satterfield on several occasions vocal- back to Carbondale after he retired ∑ Ms. HARRIS. Mr. President, I was ized his concern about the law’s impact from the Air Force in 1975. He became necessarily absent but, had I been on the Palestinian Authority, who the first Black dean of student life at present, would have voted no on roll- have been found liable in U.S. courts SIU and served as vice chancellor of call vote No. 114, the confirmation of for supporting terrorist attacks student affairs from 1987 to 2000. Wendy Vitter, of Louisiana, to be the against Americans. In addition to SIU, Harvey continued United States District Judge for the When my staff asked for any alter- serving his community through the Eastern District of Louisiana.∑ native ideas they would support to help Carbondale Park District, Rotary victims, State’s team came back International, and Southern Illinois f empty-handed, and after I found bipar- Regional Social Services. His work NOMINATION HOLD tisan support for a compromise pro- earned him the Carbondale Chamber of posal, the State Department made Commerce Citizen of the Year Award in Mr. GRASSLEY. Mr. President, I am clear to other offices that it would not 2007. placing a hold on the nomination of support the compromise unless and SIU recognized with the Distin- David M. Satterfield, who has been until Congress expressly protects the guished Service Award during com- nominated to serve as Ambassador to Palestinian Authority’s presence in the mencement in 2018. For 22 years, stu- Turkey. My objection comes down to United States. dents benefited not only from his lead- one increasingly irrefutable point: the I refuse to assist the State Depart- ership and wisdom, but from the Har- State Department’s, through Ambas- ment in silencing any litigation argu- vey and Trish Welch Scholarship Fund sador Satterfield, consistent efforts to ments of U.S. victims of terrorism. too. protect the Palestinian Authority and I also understand that recent efforts Harvey helped define what it meant Palestine Liberation Organization in the House of Representatives have to be a Saluki. He loved hunting and from liability and thereby undermine proved futile in finding language that golf, but his commitment to SIU and the rights of American victims of Pal- both benefits American victims and his family came first. Future genera- estinian terrorism. This stands in gets support from the State Depart- tions of Salukis will continue to look sharp contrast to the intent of Con- ment. I am tired of our State Depart- up to Harvey’s legacy of service and gress. ment putting the interests of alleged dedication. Last year, I introduced the Anti-Ter- sponsors of terrorism over those of our On May 4, Harvey passed away after rorism Clarification Act, ATCA, in re- own citizens. The State Department an extraordinary life of service to his sponse to recent court decisions that should work in good faith with Con- country and his community. gutted the jurisdictional reach of the gress and victims by unambiguously Harvey is survived by his four chil- Anti-Terrorism Act of 1992, which I dren and their spouses: Harvey Cato demonstrating its support for restoring also authored. These decisions made it jurisdiction over sponsors of terrorism. Welch and Anita, Gordon Patrick substantially more difficult for Amer- f Welch and Retha, Karen Annette Welch ican victims to hold sponsors of inter- Edwards and Terry, and Brian David national terrorism accountable in our NATIONAL POLICE WEEK Welch and Petrice. He leaves behind 11 nation’s courts. Mr. GRAHAM. Mr. President, for grandchildren, 3 great-grandchildren, The ATCA expressed a clear prin- over 50 years, our Nation has preserved and numerous nieces and nephews. ciple: If you accept taxpayer-backed an annual tradition of honoring the f assistance or maintain a presence in brave men and women of law enforce- VOTE EXPLANATION the United States, then you should be ment who make the ultimate sacrifice. Ms. HIRONO. Mr. President, I was answerable in our courts if you are al- This act of remembrance dates back to necessarily absent for votes on May 13, leged to have supported terrorism that President John F. Kennedy’s designa- May 14, and May 15 so I could return to harmed or killed Americans. tion of a ‘‘Peace Officers Memorial Hawaii to tend to a family matter. The bipartisan bill was considered Day’’ in 1962, which has evolved over On May 13, had I been present, I through regular order, with markups in the years to become National Police would have voted nay on the cloture both Chambers, as a standalone bill, Week. Police Week now includes a motion, motion to invoke cloture: Mi- passed Congress without objection, and weeklong celebration of our law en- chael J. Truncale to be a United States was signed into law by President forcement officers and recognition for District Judge for the Eastern District Trump in October. Never once did the their sacrifices. of Texas. State Department or the administra- Tens of thousands from the law en- On May 14, had I been present, I tion raise a single concern. forcement community have descended would have voted nay on the nomina- Yet, 2 months later, at the end of the upon Washington this week, as they tion, Confirmation of Michael J. 115th Congress, the State Department gather near the National Law Enforce- Truncale to be a United States District began directly lobbying Congress for a ment Memorial to remember their col- Judge for the Eastern District of Texas ‘‘fix’’ to the ATCA to remove certain leagues and their families. The memo- and nay on the cloture motion, motion forms of assistance from the statute, rial was dedicated in 1991 to honor our to invoke cloture: Kenneth Kiyul Lee thereby allowing defendants like the local, State, and Federal law enforce- to be United States Circuit Judge for Palestinian Authority to enjoy such ment officers killed in the line of duty. the Ninth Circuit. benefits without risk of liability. Am- The long gray walls are curved in a On May 15, had I been present, I bassador Satterfield led the State De- way that makes them appear to go on would have voted nay on the nomina- partment team, with whom my staff forever. Over 21,000 names are perma- tion, Confirmation of Kenneth Kiyul attempted to negotiate in good faith nently inscribed into the marble walls Lee to be United States Circuit Judge over several weeks at the end of 2018 as a reminder of the cost of maintain- for the Ninth Circuit, nay on the clo- and early this year. ing a free, safe, and civil society. ture motion, motion to invoke cloture: I offered numerous compromise pro- On Wednesday, the 38th Annual Na- Wendy Vitter to be United States Dis- posals to the State Department, in- tional Peace Officers’ Memorial Serv- trict Judge for the Eastern District of cluding delays of the foreign assistance ice was held right outside on the West Louisiana, nay on the cloture motion, provisions, a rule of construction to aid Front of the Capitol. During this sol- Motion to invoke cloture: Brian J. victims, and even a complete strike emn ceremony, the names of 228 brave Bulatao to be an Under Secretary of from the ATCA of the assistance that men and women were read in honor of State for Management, and nay on the State Department deems so valuable. their priceless contribution to their cloture motion (motion to invoke clo- Never once, however, did State or Am- fellow citizens. ture: Jeffrey A. Rosen to be Deputy At- bassador Satterfield demonstrate in- Among those being remembered this torney General. terest in supporting language that week are six from my home State of (At the request of Mr. SCHUMER, the would tangibly benefit victims. Rather, South Carolina. Sergeant Terrence following statement was ordered to be my bill seemed an annoyance to Carraway of the Florence Police De- printed in the RECORD.) State’s priorities, and Ambassador partment, Detective Micheal Doty of

VerDate Sep 11 2014 04:31 May 17, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.034 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2918 CONGRESSIONAL RECORD — SENATE May 16, 2019 the York County Sheriff’s Office, Cor- today and, along with my colleagues, know if the medical literature and poral Dale Hallman of the Saluda ensure the story of our heroes is told. I groups that guide [opioids’] use are County Sheriff’s Office, Deputy James encourage all Americans to take a mo- paid for by the drugs’ manufacturers Kirk, Jr., of the Lancaster County ment this week to reflect on how law and if so, [by] how much.’’ As chairman Sheriff’s Office, Deputy Farrah Turner enforcement positively affects their of the Senate Finance Committee, I in- of the Florence County Sheriff’s Office, own community. These officers show tend to continue my oversight work in and Deputy Jerry Hurd, Jr., of the up every day on behalf of their fellow this area, including by convening a Richland County Sheriff’s Office will citizens to serve and protect the Amer- congressional hearing later this sum- all be memorialized on those stone ican dream that President Bush spoke mer. walls. Their names will be a perpetual of nearly 30 years ago. Join me in re- I also believe that we need to do reminder to future generations of the membering the fallen, and let us ensure more to ensure that Americans have high cost of keeping South Carolinians their sacrifice is never forgotten. access to effective recovery treatment safe. We honor them, their families, f options. The recent arrests in multiple States of those who operated sham and all of the other brave men and NATIONAL PREVENTION WEEK women who died while protecting our treatment facilities for addicts point communities. Mr. GRASSLEY. Mr. President, the to a problem. Moreover, we have reason While every officer deserves to have misuse of opioids is a national crisis. to be concerned about the lack of infor- their story heard, I would like to call Every single day, more than 130 people mation available to the public about attention to Sergeant Carraway and in this country overdose on these the most promising treatment options Deputy Turner. On October 3, 2018, drugs, with tragic results. available. Florence County law enforcement exe- In 2017, there were more than 70,000 A related issue has been the lack of cuted a warrant on an individual ac- drug overdose-related deaths in the adequate, national standards of care in cused of sexual assault on a child. As United States, according to the Centers the addiction treatment field. That is they arrived on scene, the officers were for Disease Control. These deaths why I joined several of my colleagues ambushed by the suspect’s father. eclipsed the number that were due to in sponsoring bipartisan legislation guns or automobile crashes. When the officers got out of their vehi- that calls for the development of new May 12 through 18 is National Pre- cles, the father started shooting at quality measures to improve treatment vention Week, which is dedicated to in- them. The standoff and the shooting for Americans battling opioid and sub- creasing public awareness of substance stance addiction. This measure directs continued for 2 long hours. Despite the abuse disorders. Addiction exists every- danger, the officers did not retreat, but the Centers for Medicare and Medicaid where. We have taken steps in the past Services to work with a coalition of continued to fight. After all was said to fight this epidemic. and done, a total of seven law enforce- healthcare providers to identify qual- We passed comprehensive substance ity measures to be used to assess the ment personnel had been shot. Sadly, abuse and treatment legislation in 2016 both Sergeant Carraway and Deputy effectiveness of substance use disorder and again last year. However, the treatment programs. Turner were mortally wounded. opioid epidemic continues to destroy I was fortunate enough to attend Ser- In 2016, I also supported the Com- lives and communities. We need to re- prehensive Addiction and Recovery geant Carraway’s memorial service in main committed to defeat this crisis. Act, or CARA. This bipartisan measure Florence. It was a beautiful tribute to This week also marks the seventh an- was enacted after the Senate Judiciary a life of service. This man was a deco- niversary of my investigation, with Committee approved it during my ten- rated police officer, Air Force Reserv- former Senator Baucus, into opioid ure as chairman. It includes a number ist, coach, mentor, loving husband, fa- manufacturers’ connections to medical of provisions I authored. ther, and friend. Like many of those we groups and physicians who advocated The causes of the opioid epidemic are are remembering this week, the for the increased use of opioids. As sen- complicated and its effects are wide- Terrance Carraway’s of the world are ior members of the Senate Finance spread. It is impossible to solve this the foundation of America’s goodness. Committee in 2012, we sought docu- national crisis overnight. We must con- This is but one small example of how ments and financial information from tinue our efforts at the local, State, our law enforcement officers put them- three opioid makers, in a period when and Federal level to break the cycle of selves in harm’s way for the better- deaths from opioid overdoses were sky- addiction. ment of the community on a daily rocketing. News reports of that time f basis. These officers answered a call to suggested that opioid makers may have take a suspect off the street, and it initiated conflicts of interest to en- 54TH ANNIVERSARY OF HEAD cost them their lives. It is our duty to courage the prescribing of opioids. START AND 25TH ANNIVERSARY honor and remember their contribution More recent news reports confirm OF EARLY HEAD START and their sacrifice. that we had very good reason to launch Ms. MURKOWSKI. Mr. President, Earlier this week I introduced a reso- this oversight work. For example, yes- today I wish to pay tribute to the lution to commemorate National Po- terday, BBC News published an article countless men and women in Alaska lice Week. Included are the names of concerning opioid makers’ sponsorship, and across the Nation who have dedi- 159 brave men and women who an- in the early 2000s, of so-called edu- cated their talents to ensuring that swered the call of duty, but were sadly cational meetings for pain specialists young children and their parents have taken from us in 2018. This resolution from the United Kingdom. The doctors, the tools they need to succeed. I speak has unanimous, bipartisan support and whose opioid prescribing rates were of all those involved in their local Head honors those who have given their lives being monitored by opioid makers, Start and Early Head Start programs, in fulfilling this noble calling. I want were invited to New York City, where the program directors, teachers, aides, to thank my 99 Senate colleagues who they would stay in posh hotels and at- and parent leaders. signed on as cosponsors of this meas- tend Broadway shows at a drugmaker’s This week marks the 54th anniver- ure. expense, BBC reported. As reportedly sary of Head Start and the 25th anni- In trying to grasp the essence of Na- shared by a doctor who attended one of versary of Early Head Start. Since 1964, tional Police Week, I think President these trips: ‘‘I feel very ashamed . . . I more than 36 million children have par- George H. W. Bush summed it up best. was just a guinea pig to promote the ticipated in Head Start, a program that During the groundbreaking ceremony prescribing of a class of drug.’’ research has shown reduces intergen- for the National Law Enforcement Me- I remain concerned that opioid-re- erational poverty by helping parents to morial in 1989, President Bush said, lated deaths over the last decade may gain parenting, work, and leadership ‘‘The story to be carved on these walls have been fueled by misinformation skills and which gives young children is the story of America, of a continuing and marketing practices embraced by at risk the academic, health, and nutri- quest to preserve both democracy and drugmakers and the medical organiza- tional services they need to build a decency and to protect a national tions to which they donated. foundation for success. treasure that we call the American What I said 7 years ago remains true Children who attend Head Start dream.’’ I am proud to echo his words today: ‘‘Doctors and patients should begin school with better literacy,

VerDate Sep 11 2014 04:31 May 17, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.036 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2919 numeracy, cognitive, and behavioral policy and was also so approachable Immediately after arriving Fort Riley, skills than they otherwise would have that new Senators like myself never Jesse received orders to deploy to Iraq. had. They are more likely to graduate hesitated to seek his guidance. In Iraq, he completed a wide range of and complete college. They are more Senator Lugar’s commitment to bi- military police battlefield functions likely to live healthy, productive lives partisanship guided his engagement on and was able to return safely to the as adults. Today, Head Start alumni issues from international affairs to ag- U.S. In 2004, Jesse left Active Duty and are strong, resilient individuals who riculture. He sought compromises to decided to serve his home State in the make positive contributions to their achieve results, regardless of the polit- Montana Army National Guard. communities as doctors, nurses, ath- ical calculus. He eschewed polarization After 3 years in the Guard, he was letes, parents, entrepreneurs, teachers, and cautioned colleagues that, ‘‘what- once again called back to Iraq as an police officers, CEOs, authors, artists, ever is won today through division is MP. He spent a year there and again and more. usually lost tomorrow.’’ Instead he returned safely to his family. In 2006, Head Start and Early Head Start are sought to foster good will to bring to- he volunteered for the Montana Army more important now than they ever gether opposing sides. He continued National Guard honor guard team and 1 have been, helping families across the this effort after his service in the Sen- year later was hired as the non-com- country so tragically hurt by the ate with the Lugar Center, a nonprofit missioned officer in charge of the mili- opioid crisis. Head Start and Early public policy institution that seeks to tary funeral honors team. He worked Head Start directors, teachers, aides, improve the quality of debate and hand in hand with the State coordi- and parent leaders are on the bridge ideological divides on important nator to ensure fallen veterans re- frontlines, helping our most at-risk issues. ceived the most professional honors children survive and thrive in the face It is this approach that led to great possible. He was one of Montana’s first nationally certified honor guard in- of the adverse childhood experiences success in international affairs from structors. In 2014, Jesse Edinger once caused by homelessness, neglect, and South Africa to the Philippines. again volunteered to deploy to Afghan- abuse. They are there in times of nat- Senator Lugar viewed support for de- istan as a military police investigator. ural disaster, community violence, and mocracy and development as a stabi- After serving another yearlong deploy- personal crisis. They are helping par- lizing force to counter international ment, he returned to his military fu- threats. Around the world, partners ents and grandparents provide stable neral honors position at Fort Harrison, trusted his foreign policy expertise and and nurturing environments. In Native MT, where he became a certified in- judgment. Perhaps his greatest communities, they are helping to revi- structor as a casualty notification offi- achievement was his bipartisan work talize languages and strengthen tradi- cer. These officers notify next of kin with Senator Sam Nunn in developing tional ways of knowing and living. Our and assist family members of a soldier the Cooperative Threat Reduction Pro- communities and the Nation as a whole killed in action or that has died in the gram to dismantle weapons of mass de- are stronger because Head Start and line of duty. Jesse was recently pro- struction in the former states of the Early Head Start programs help mil- moted to the rank of master sergeant Soviet Union, eliminating nuclear lions of families find their way to and has conducted around 1100 funeral strength and resilience. arms in Ukraine, Belarus, and honors missions for Montana veterans Head Start staff in Alaska and across Kazakhstan. His work to limit weapons and soldiers killed in action. the country are dedicated, innovative, of mass destruction led to the deactiva- For 20 years, MSG Jesse Edinger has caring, and motivated people who work tion and destruction of thousands of served his country proudly and has hard each and every day to ensure that nuclear warheads and ballistic mis- honored the lives of more than 1,000 the children and families they serve siles. Due to Senator Lugar’ s vision, Montana veterans. His wife Sun also have the tools they need to achieve leadership, and bipartisan approach, we serves in the Montana Army National their full potential. Beyond the volu- live in a safer world. Guard. Together they have three chil- minous research showing the positive Through his contributions to inter- dren. MSG Edinger is the epitome of a impact of these programs, I know what national security, Senator Lugar military leader, and I am proud to rec- they do makes a lasting difference. serves as a reminder of what we can ognize him during Military Apprecia- When I visit elementary schools across achieve if we work together to face the tion Week. challenges that pose dangers to world my State, principals tell me that the f students who have participated in Head peace and stability and, of course, to Start are better prepared in every way the interests of the United States and 10TH ANNIVERSARY OF THE END for school. our international partners. As we re- OF THE SRI LANKAN WAR So I take this opportunity to wish flect on his life and his lessons, I hope Mr. MENENDEZ. Mr. President, May every Head Start and Early Head Start my colleagues will honor his legacy by 18 marks the 10th anniversary of the staff member and participant. Happy building bipartisan bridges to resolve end of the civil war in Sri Lanka. In anniversary. As a longtime supporter, I the pressing problems of today. May 2009, the war between the govern- recommit to doing all I can to ensure f ment and the separatist Liberation Ti- that our Head Start and Early Head gers of Tamil Eelam, LTTE, ended. The TRIBUTE TO MASTER SERGEANT Start programs continue to make a civil war was a 27-year-long assault on JESSE EDINGER positive difference for many more the coexistence of the Sri Lankan peo- years to come. Mr. DAINES. Mr. President, this ple, leaving scars that remain today. f week I have the honor of recognizing Both the Sri Lankan state and the Jesse Edinger of Fort Harrison, MT, for LTTE targeted dissidents and members REMEMBERING RICHARD LUGAR his impact on the Lewis and Clark of other ethnic communities, indis- Ms. COLLINS. Mr. President, I wish County and surrounding areas. criminately bombing places of worship, to honor our former colleague Senator Jesse Edinger joined the U.S. Army hospitals, and public transport. On this Richard Lugar, who passed away re- directly after graduating high school in 10th anniversary, I urge the people of cently and whose memorial service was 1999. He attended basic and advanced Sri Lanka to renew their commitment this week. As the longest serving Sen- individual training at Fort Leonard to peace, reconciliation, and account- ator from his beloved Indiana, Richard Wood, MO. His first duty station was in ability for human rights violations and Lugar dedicated 36 years of service to Fort Drum, NY, where he served as a crimes committed during the conflict. his State, the Senate, and our Nation. military police Patrolman, MP. Short- In the wake of the devastating ter- He was a dear friend and mentor who ly after, he received orders to go to rorist attacks last month, the inter- already had 22 years of Senate service Korea. There he was immediately as- national community should also renew when I joined the Senate. signed to the United Nations Command its commitment to supporting those What I remember most fondly about Honor Guard, providing a variety of Sri Lankan citizens committed to a Senator Lugar is that he combined an missions. In Korea, he met the love of peaceful and democratic society where extraordinary intellect with good his life Sunwoo. They married and the rights of all are protected under humor. He knew so much about foreign transferred to Fort Riley, KS, in 2003. the law.

VerDate Sep 11 2014 04:31 May 17, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.038 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2920 CONGRESSIONAL RECORD — SENATE May 16, 2019 The final years of the war saw riod of 4 years. These include recent de- Bill’s story exemplifies how far one heightened intensity of fighting and cisions to criminalize enforced dis- can go in Alaska if one works hard and soaring human rights abuses, including appearances, create an office on miss- exhibits a devotion for community hundreds of enforced disappearances, ing persons, and appointing commis- service. Bill was lifelong Alaskan and a extrajudicial killings of aid workers, sioners to the office for reparations. graduate of Ketchikan High School. He arbitrary arrests, torture, and the use Why did these few steps require 4 years was a longshoreman, a proud member of child soldiers. The government la- of time? of the International Longshoremen and beled any reporters critical of the gov- Despite the long list of promises, Warehousemen’s Union. He was a busi- ernment’s war against the LTTE as there has been little to no progress in ness leader, serving as president of the ‘‘traitors’’ and ‘‘terrorists,’’ and the establishing a commission for truth, Cape Fox Corporation, his ANCSA vil- LTTE tolerated no dissent in areas it justice, reconciliation, and nonrecur- lage corporation. He was a fisherman. controlled. The last few months of rence. Despite commitments made by He served on the Saxman City Council fighting resulted in the deaths of as the government, Sri Lanka has not and was mayor of Saxman. Bill was a many as 40,000 civilians in the final as- adopted constitutional reforms that leader in the Alaska Native Brother- sault against the LTTE. Victims’ would address the long held grievances hood and Tlingit and Haida. groups say the fates of more than of communities across the country. In 1993, Bill was elected to the Alaska 100,000 people remain unknown. UN sat- The government has failed to strength- House of Representatives, serving until ellite images showed that the govern- en the victim and witness protection 2004. A strong advocate for develop- ment repeatedly and indiscriminately law. Security sector reforms, including ment of Alaska’s natural resources and shelled no fire zones, where it had en- repealing and replacing the Prevention preservation of the traditional subsist- couraged civilians to concentrate, and of Terrorism Act, have not taken place. ence way of life, Bill distinguished where estimates show that as many as The lack of accountability with respect himself in the Alaska Legislature. He 330,000 civilians were trapped. UN in- to war crimes suspects remains a seri- rose to cochair the finance committee vestigations determined that ‘‘gross ous concern. Limited legal action has of the Alaska House of Representa- violations’’ of international rights law been taken to prosecute and hold al- tives, one of the most powerful posi- occurred on all sides of the conflict, in- leged perpetrators to account. There is tions in the State of Alaska. Bill knew cluding the thousands of civilian a lack of trust and confidence in do- how to make deals, and because his deaths in the military assault that mestic structures, so I echo the UN word was his bond, he knew how to ended the rebellion. Many deaths and Human Rights Commissioner’s calls keep a deal. I proudly served alongside tens of thousands of disappearances re- that the international community use Bill throughout my tenure in the Alas- main unaddressed. the principle of universal jurisdiction ka Legislature. He was both a friend For many Sri Lankans, the terrorist to hold accountable those who face al- and a mentor to me. attacks last Easter Sunday, evoked legations of serious human rights vio- Tributes are pouring in from those emotions reminiscent of war times. I lations. who knew and loved Bill Williams. express my deepest condolences to the Sri Lankan people deserve justice, State Senator Bert Stedman, who is families who lost loved ones and de- peace, and protections. The country cochair of the senate finance com- nounce in the strongest terms this vile cannot move forward, rebuild, and mittee in the current legislative ses- attack on the Sri Lankan people. As prosper without a timebound plan for sion, had this to say about Bill: ‘‘He families recovered bodies of loved ones the government to fully implement its understood that political differences and buried and cremated them, they HRC commitments. Accountability, don’t need to divide Alaskans. In the felt a pain that is sadly too familiar to transitional justice, and reconciliation Capitol, he was known for keeping his so many Sri Lankans. While the per- are hard, but left unresolved, these words and putting Alaska’s interests petrators of the Easter Sunday attacks issues fester over time and could lead above politics. He took the lead on sought to sow hatred between commu- to renewed instability. Clearly, such an both subsistence and development nities and bring chaos to Sri Lanka, outcome should be avoided as it bene- issues. He was known for working with the government bears the responsi- fits no one in or outside of Sri Lanka. our federal delegation and governors to bility to respond swiftly to retaliatory The war in Sri Lanka was a terrible keep jobs in the Tongass. He was a attacks against Muslim communities episode in a country with a proud past. strong voice on Alaska Native issues.’’ and ensure communal harmony and na- How Sri Lanka finally decides to deal tional unity. To be Sri Lankan is to be The Ketchikan Daily News, in an edi- with the legacy of the conflict is criti- torial, remembered Bill as an honor- Buddhist, to be Hindu, to be Muslim, cally important for its future. My hope and to be Christian. All these commu- able man who represented the commu- is that the government of Sri Lanka nity and the region with quiet, stead- nities have the right to exercise their delivers on all its stated commitments, religious identity and to live in peace fast dignity: ‘‘Those who met Williams and that the international community would not likely forget him. He was and security in Sri Lanka. maintains its focus on these postwar On January 9, 2015, the Sri Lankan quiet and humble, possessing eyes of promises. As the country contends both twinkling good humor and the people voted to unseat President with the impact of reprehensible vio- Mahinda Rajapaksa. A few months glint of iron resolve. Others in public lence last month, it must renew its life learned quickly not to underesti- later, the government of Maithripala focus on the fundamentals of an inclu- Sirisena cosponsored United Nations mate the good representative from sive multireligious and multi-ethnic Saxman.’’ Human Rights Council, UNHRC, reso- society. I call on the friends of Sri Alaska Governor Mike Dunleavy has lution 30/1 on ‘‘Promoting reconcili- Lanka around the world to support also reflected on the loss of Bill Wil- ation, accountability and human rights true reconciliation and healing as liams this week. Governor Dunleavy in Sri Lanka,’’ ushering in what ap- those constructive elements of society said, ‘‘Real leaders do not come along peared to be a new era dedicated to jus- work hard to chart a positive future for very often, so it is especially tough tice and reconciliation. This enthu- all of the country’s people. siasm and hope has unfortunately when we lose one with the ability and f faded over the years. In 2017, Sri Lanka character of Bill Williams. He worked received a 2-year extension to imple- ADDITIONAL STATEMENTS both hard and smart for the constitu- ment the commitments in the resolu- ents and communities he represented.’’ tion. This past March, the UNHRC Governor Dunleavy has ordered flags to adopted a new resolution again cospon- REMEMBERING BILL WILLIAMS be lowered to half-staff this week in sored by the government of Sri Lanka, ∑ Ms. MURKOWSKI. Mr. President, I Bill’s memory. extending the timeline to implement wish to pay tribute to Bill Williams of From the central council of Tlingit outstanding promises another 2 years. Saxman, AK, a businessman, commu- and Haida Tribes, ‘‘Gunalcheesh, Resolution 30/1 contains 36 actionable nity leader, an Alaska statesman, and Haw’aa to Bill for his lifelong dedica- commitments. The Sri Lankan Govern- my friend, who died on Sunday, May 12, tion to Southeast Alaska and its peo- ment has fulfilled only six over a pe- just short of his 76th birthday. ple.’’

VerDate Sep 11 2014 04:31 May 17, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.049 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2921 On behalf of my colleagues here in In 1998, Stan was named Mediator of be dearly missed by other family mem- the U.S. Senate, I extend my condo- the Year by the Phoenix Community bers, friends, and the hundreds of peo- lences to Bill’s wife Caryl, his family, Mediation Program. Long active in the ple whose lives she touched. Please join the Saxman community, and all who Arizona Civil Liberties Union, Stan me in honoring her memory.∑ hold this very special Alaskan dear in served as Arizona ACLU president from f their hearts. It is a privilege to honor 2002 to 2006 and was honored to be the late Bill Williams, an outstanding named Arizona Civil Libertarian of the TRIBUTE TO JONATHAN MIKLOS Alaskan, in the U.S. Senate today.∑ Year in 1995. He also served for several ∑ Mr. THUNE. Mr. President, today I f years on the National ACLU board of recognize Jonathan Miklos, an intern directors. Stan was an avid tennis TRIBUTE TO PETER PETRASKO in my Rapid City, SD, office, for all of player and golfer, quick-witted, and a the hard work he has done for me, my ∑ Mr. ROUNDS. Mr. President, today I natural joke teller. He loved crossword staff, and the State of South Dakota recognize Peter Petrasko, an intern in puzzles, Boggle, and all word games. He over the past several months. my Washington, DC, office, for all the immensely enjoyed playing board Jonathan is a graduate of Stevens hard work he has done on behalf of my- games and online games with his chil- High School in Rapid City, SD. Cur- self, my staff, and the State of South dren and grandchildren. He loved going rently, he is attending South Dakota Dakota. to the beach while enjoying time at the State University in Brookings, SD, Peter is a graduate of O’Gorman High family’s vacation home in Rocky where he is double majoring in polit- School in Sioux Falls, SD, and Brown Point, Mexico. ical science and history. He is a hard University in Providence, RI. He is cur- Stan is survived by his loving wife, worker who has been dedicated to get- rently pursuing his master of data Gloria, daughters Diane (Randy) and ting the most out of his internship ex- science degree through Harvard Exten- Susan, son Phil (Deb), grandsons Spen- perience. sion School. Peter is a dedicated and cer, Dylan, Nate, Harrison, Alex I extend my sincere thanks and ap- diligent worker who has been devoted (Jessi), Hugo and Oscar, and great- preciation to Jonathan for all of the to getting the most out of his intern- granddaughter Cheyanne. He will be fine work he has done and wish him ship experience and has been a true dearly missed by other family mem- continued success in the years to asset to the office. bers, friends, and the hundreds of peo- come.∑ I extend my sincere thanks and ap- ple whose lives she touched. Please join preciation to Peter for all of the fine me in honoring his memory.∑ f work he has done, and I wish for his f TRIBUTE TO F. ANTHONY continued success in the years to CLIFFORD come.∑ REMEMBERING GERALDINE ‘‘JERRY’’ EMMETT ∑ f Mr. VAN HOLLEN. Mr. President, I ∑ Ms. SINEMA. Mr. President, today I am honored to recognize one of my REMEMBERING STAN FURMAN wish to honor the life and legacy of constituents, F. Anthony ‘‘Tony’’ ∑ Ms. SINEMA. Mr. President, today I Geraldine ‘‘Jerry’’ Emmett, a commu- Clifford, who is retiring on June 22, wish to honor the life and legacy of the nity leader who passed away in Pres- 2019, after 50 years of Federal service as Honorable Stan Furman, a former Ari- cott, AZ, on April 30, 2019, at the age of an engineer at the National Institutes zona State senator and community 104. Jerry was a lifelong Democrat and of Health. leader who passed away in Phoenix, campaigned for Arizona’s first Gov- Tony has dedicated his career to AZ, on April 1, 2019, at the age of 87. ernor, George W.P. Hunt, before she helping advance NIH’s mission: seeking Having spent his formative years in the was old enough to vote. She will be fundamental knowledge about the na- Vista Del Mar Orphanage in Los Ange- fondly remembered as the oldest dele- ture of living systems and applying les, Stan developed a strong sense of gate at the 2016 Democratic National that knowledge to advance the health family. While in the orphanage, Stan Convention, where she did several na- of all people. He has done this by work- worked any job he could, and caddying tional media interviews. ing to ensure that NIH’s buildings and at the Hillcrest Country Club gave him While waiting tables in her family’s facilities create a world-class environ- some great stories about George Burns, restaurant, she met and impressed an ment for conducting biomedical re- Milton Berle, Jack Benny and others. Arizona State Teachers College—now search. Stan served his country honorably in Northern Arizona University—re- Throughout his service as an engi- the U.S. Air Force from 1952 until l956 cruiter from Flagstaff, and received a neer with NIH, Tony has been com- and was stationed in Japan during the tuition scholarship of $14.00 per semes- mitted to creating state-of-the-art re- Korean war. After his service, he ter, allowing her to attend and grad- search facilities. In 1969, he started his moved to Mexico City, where he earned uate from ASTC in 1937 with a degree work as an NIH staff engineer. Begin- a degree in business and foreign trade in elementary education. She began ning in 1992, he led the NIH facility from Mexico City College. There, he her 40-year teaching career at Kayenta program as director of engineering met his soulmate and wife of 58 years, on the Navajo Reservation. She also services until becoming chief engineer Gloria. They married in Mexico City in taught in Seligman, Tombstone, and in the Office of the Director in 2003. 1960. The couple moved to California, Scottsdale, before finally settling in Tony holds a bachelors of mechanical where Stan worked for a fabric whole- Phoenix at the Creighton School Dis- engineering degree from the University saler, and they raised three children: trict. She taught in Phoenix for the of Maryland at College Park, which Diane, Philip, and Susan. next 30 years until her retirement, pri- presented him in 2016 with the Golden The family moved to Phoenix in 1969, marily at Lafayette Elementary Terp Award from the University’s where Stan opened and managed a new School, Larry C. Kennedy. Evidently, Clark School of Engineering for his 50 branch of the business. After their chil- her teaching career made an impres- years of engineering practice. His nu- dren left the nest, Stan and Gloria sion on her students, as over 60 former merous other awards include multiple started a successful translation busi- students attended her 100th birthday NIH Directors and Merit Awards, the ness, allowing them to travel to Mex- party to pay homage. Federal Energy Award, Vice President ico, China, Italy, Spain, and many Jerry cofounded the Prescott Area Gore’s Hammer Award, and Special other international destinations. Stan Democratic Women’s Club and was a Recognition by the Society of Amer- loved Arizona and wanted to serve his regular sight at Democratic Party ican Military Engineers. community, so he ran for the State events with her friends Carolyn and In addition to his work in the field, senate in 1990. He served in the Arizona Dawn. Her smile and stories of growing Tony was instrumental in recruiting State Senate from l991 to 1995. After he up in Depression-era Arizona will be engineering interns by representing retired from elected office, he contin- missed. NIH at career fairs and STEM events. ued to serve on many boards and com- Jerry is survived by her youngest In this way, his impact on scientific missions and worked for the Arizona son, Jim Emmett, five grandchildren, discovery will last for years to come, Corporation Commission. and five great-grandchildren. She will as he has inspired young scientists to

VerDate Sep 11 2014 04:37 May 17, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.041 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2922 CONGRESSIONAL RECORD — SENATE May 16, 2019 pursue science and engineering em- Affairs: Troy D. Edgar, of California, to 9993–49–OLEM) received in the Office of the ployment opportunities in the govern- be Chief Financial Officer, Department President of the Senate on May 15, 2019; to ment. of Homeland Security, vice Charles H. the Committee on Environment and Public Works. I ask my colleagues to join me in Fulghum. EC–1297. A communication from the Regu- paying tribute to Tony Clifford for his f lations Coordinator, Centers for Medicare distinguished service to our country EXECUTIVE AND OTHER and Medicaid Services, Department of and to wish him all the best in the Health and Human Services, transmitting, COMMUNICATIONS coming years as he enjoys his well- pursuant to law, the report of a rule entitled earned retirement.∑ The following communications were ‘‘Medicare and Medicaid Programs; Regula- laid before the Senate, together with tion to Require Drug Pricing Transparency’’ f accompanying papers, reports, and doc- (RIN0938–AT87) received in the Office of the MESSAGE FROM THE HOUSE President of the Senate on May 15, 2019; to uments, and were referred as indicated: the Committee on Finance. At 10:17 a.m., a message from the EC–1289. A communication from the Direc- EC–1298. A communication from the Chief House of Representatives, delivered by tor of the Regulatory Management Division, of the Publications and Regulations Branch, Mr. Novotny, one of its reading clerks, Environmental Protection Agency, transmit- Internal Revenue Service, Department of the announced that the House has passed ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the titled ‘‘Glufosinate Ammonium; Pesticide report of a rule entitled ‘‘Recognition and the following bills, in which it requests Tolerances [Olive, Stone Fruit (crop group Deferral of Section 987 Gain or Loss’’ the concurrence of the Senate: 12–12), Tree Nuts (crop group 14–12) and Soy- (RIN1545–BN63) received in the Office of the H.R. 312. An act to reaffirm the Mashpee bean Hull]’’ (FRL No. 9991–49–OCSPP) re- President of the Senate on May 15, 2019; to Wampanoag Tribe reservation, and for other ceived in the Office of the President of the the Committee on Finance. purposes. Senate on May 15, 2019; to the Committee on EC–1299. A communication from the Chief H.R. 375. An act to amend the Act of June Agriculture, Nutrition, and Forestry. of the Publications and Regulations Branch, 18, 1934, to reaffirm the authority of the Sec- EC–1290. A communication from the Sec- Internal Revenue Service, Department of the retary of the Interior to take land into trust retary of the Treasury, transmitting, pursu- Treasury, transmitting, pursuant to law, the for Indian Tribes, and for other purposes. ant to law, a six-month periodic report on report of a rule entitled ‘‘User Fees Relating H.R. 1892. An act to amend the Homeland the national emergency with respect to Iran to Enrolled Agents and Enrolled Retirement Security Act of 2002 to make technical cor- that was declared in Executive Order 12170 Plans Agents’’ (RIN1545–BO38) received in rections to the requirement that the Sec- on November 14, 1979; to the Committee on the Office of the President of the Senate on retary of Homeland Security submit quad- Banking, Housing, and Urban Affairs. May 15, 2019; to the Committee on Finance. rennial homeland security reviews, and for EC–1291. A communication from the Chief EC–1300. A communication from the Chief other purposes. of the Regulations and Standards Branch, of the Publications and Regulations Branch, Internal Revenue Service, Department of the The message also announced that Bureau of Safety and Environmental En- forcement, Department of the Interior, Treasury, transmitting, pursuant to law, the pursuant to section 201(a)(2) of the Con- transmitting, pursuant to law, the report of report of a rule entitled ‘‘Credit for Carbon gressional Budget and Impoundment a rule entitled ‘‘Oil and Gas and Sulfur Oper- Oxide Sequestration - 2019 Section 45Q Infla- Control Act of 1974, Public Law 93–344, ations on the Outer Continental Shelf - tion Adjustment Factor’’ (Notice 2019–31) re- the Speaker and the President pro tem- Blowout Preventer Systems and Well Con- ceived in the Office of the President of the pore of the Senate hereby jointly ap- trol Revisions’’ (RIN1014–AA39) received in Senate on May 15, 2019; to the Committee on point the following individual to the the Office of the President of the Senate on Finance. May 15, 2019; to the Committee on Energy EC–1301. A communication from the Chief Congressional Budget Office, effective of the Publications and Regulations Branch, June 3, 2019, for the term expiring Jan- and Natural Resources. EC–1292. A communication from the Direc- Internal Revenue Service, Department of the uary 3, 2023: Dr. Phillip Swagel, Direc- tor of Human Resources Management Divi- Treasury, transmitting, pursuant to law, the tor. sion, Environmental Protection Agency, report of a rule entitled ‘‘Revenue Ruling: Cash Distributions in Redemption of Stock f transmitting, pursuant to law, five (5) re- ports relative to vacancies in the Environ- of Former S Corporations During the Post- Termination Transition Period’’ (Notice MEASURES REFERRED mental Protection Agency, received in the 2019–13) received in the Office of the Presi- Office of the President of the Senate on May The following bills were read the first dent of the Senate on May 15, 2019; to the 15, 2019; to the Committee on Environment and the second times by unanimous Committee on Finance. and Public Works. EC–1302. A communication from the Chief consent, and referred as indicated: EC–1293. A communication from the Direc- of the Publications and Regulations Branch, H.R. 375. An act to amend the Act of June tor of the Regulatory Management Division, 18, 1934, to reaffirm the authority of the Sec- Internal Revenue Service, Department of the Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the retary of the Interior to take land into trust ting, pursuant to law, the report of a rule en- for Indian Tribes, and for other purposes; to report of a rule entitled ‘‘Safe Harbor for titled ‘‘Air Plan Approval; GA and TN; Inter- Trades of Player Contracts and Draft Picks ‘‘ the Committee on Indian Affairs. state Transport (Prongs 1 and 2) for the 2010 H.R. 1892. An act to amend the Homeland (Notice 2019–18) received in the Office of the 1-Hour NO2 Standard’’ (FRL No. 9993–71–Re- President of the Senate on May 15, 2019; to Security Act of 2002 to make technical cor- gion 4) received in the Office of the President the Committee on Finance. rections to the requirement that the Sec- of the Senate on May 15, 2019; to the Com- EC–1303. A communication from the Chief retary of Homeland Security submit quad- mittee on Environment and Public Works. of the Publications and Regulations Branch, rennial homeland security reviews, and for EC–1294. A communication from the Direc- Internal Revenue Service, Department of the other purposes; to the Committee on Home- tor of the Regulatory Management Division, Treasury, transmitting, pursuant to law, the land Security and Governmental Affairs. Environmental Protection Agency, transmit- report of a rule entitled ‘‘Limited Expansion f ting, pursuant to law, the report of a rule en- of the Determination Letter Program for In- titled ‘‘Air Plan Approval; New Mexico; Ap- dividually Designed Plans’’ (Notice 2019–20) MEASURES READ THE FIRST TIME proval of Revised Statues; Error Correction’’ received in the Office of the President of the The following bills were read the first (FRL No. 9993–58–Region 6) received in the Senate on May 15, 2019; to the Committee on time: Office of the President of the Senate on May Finance. 15, 2019; to the Committee on Environment EC–1304. A communication from the Chief H.R. 312. An act to reaffirm the Mashpee and Public Works. of the Publications and Regulations Branch, Wampanoag Tribe reservation, and for other EC–1295. A communication from the Direc- Internal Revenue Service, Department of the purposes. tor of the Regulatory Management Division, Treasury, transmitting, pursuant to law, the H.R. 2578. An act to reauthorize the Na- Environmental Protection Agency, transmit- report of a rule entitled ‘‘Revenue Procedure tional Flood Insurance Program, and for ting, pursuant to law, the report of a rule en- 2019–22’’ (Rev. Proc. 2019–12) received in the other purposes. titled ‘‘Air Plan Approval; OR; 2015 Ozone Office of the President of the Senate on May f NAAQS Interstate Transport Requirements’’ 15, 2019; to the Committee on Finance. (FRL No. 9993–75–Region 10) received in the EC–1305. A communication from the Chief PRIVILEGED NOMINATION Office of the President of the Senate on May of the Publications and Regulations Branch, REFERRED TO COMMITTEE 15, 2019; to the Committee on Environment Internal Revenue Service, Department of the and Public Works. Treasury, transmitting, pursuant to law, the On request by Senator GARY PETERS, EC–1296. A communication from the Direc- report of a rule entitled ‘‘2018 Section under the authority of S. Res. 116, 112th tor of the Regulatory Management Division, 45K(d)(2)(C) Reference Price’’ (Notice 2019–28) Congress, the following nomination Environmental Protection Agency, transmit- received in the Office of the President of the was referred to the Committee on ting, pursuant to law, the report of a rule en- Senate on May 15, 2019; to the Committee on Homeland Security and Governmental titled ‘‘National Priorities List’’ (FRL No. Finance.

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.048 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2923 EC–1306. A communication from the Chief EC–1316. A communication from the Gen- Whereas, in certain circumstances both the of the Publications and Regulations Branch, eral Counsel, Department of Commerce, WEP and GPO can be applied to a qualifying Internal Revenue Service, Department of the transmitting proposed legislation that would survivor’s benefit, each independently reduc- Treasury, transmitting, pursuant to law, the amend the South Pacific Tuna Act; to the ing the available benefit and in combination report of a rule entitled ‘‘Request for Com- Committee on Commerce, Science, and eliminating a large portion of the total So- ments on Credit for Carbon Oxide Sequestra- Transportation. cial Security benefit available to the sur- tion’’ (Notice 2019–32) received in the Office EC–1317. A communication from the Assist- vivor; and of the President of the Senate on May 15, ant Secretary of Commerce for Environ- Whereas, because of the calculation char- 2019; to the Committee on Finance. mental Observation and Prediction per- acteristics of the GPO and the WEP, they EC–1307. A communication from the Chief forming the duties of Under Secretary of have a disproportionately negative effect on of the Publications and Regulations Branch, Commerce for Oceans and Atmosphere, De- employees working in lower-wage govern- Internal Revenue Service, Department of the partment of Commerce, transmitting, pursu- ment jobs, like policemen, firefighters, Treasury, transmitting, pursuant to law, the ant to law, the National Oceanic and Atmos- teachers, and state employees; and report of a rule entitled ‘‘Request for Com- pheric Administration (NOAA) Chesapeake Whereas, Louisiana is making every effort ments on Necessary Clarifications to Nor- Bay Office Biennial Report to Congress; to to improve the quality of life of its citizens malization Requirements for Excess Tax Re- the Committee on Commerce, Science, and and to encourage them to live here lifelong, serves Resulting from the Corporate Tax Transportation. yet the current GPO and WEP provisions Rate Decrease’’ (Notice 2019–33) received in f compromise their quality of life; and the Office of the President of the Senate on Whereas, the number of people affected by May 15, 2019; to the Committee on Finance. PETITIONS AND MEMORIALS GPO and WEP is growing every day as more EC–1308. A communication from the Chief The following petition or memorial and more people reach retirement age; and Whereas, individuals drastically affected of the Publications and Regulations Branch, was laid before the Senate and was re- Internal Revenue Service, Department of the by the GPO or WEP may have no choice but Treasury, transmitting, pursuant to law, the ferred or ordered to lie on the table as to return to work after retirement in order report of a rule entitled ‘‘Maximum Values indicated: to make ends meet, but the earnings accu- for 2019 For Use With Vehicle Cents-Per-Mile POM–60. A concurrent resolution adopted mulated during this return to work can fur- and Fleet-Average Valuation Rules’’ (Notice by the Legislature of the State of Louisiana ther reduce the Social Security benefits the 2019–34) received in the Office of the Presi- urging the United States Congress to take individual is entitled to; and dent of the Senate on May 15, 2019; to the such actions as are necessary to review and Whereas, the GPO and WEP are established Committee on Finance. consider eliminating provisions of federal in federal law, and repeal of the GPO and the EC–1309. A communication from the Assist- law which reduce Social Security benefits WEP can only be enacted by congress: Now, ant Secretary, Legislative Affairs, Depart- for those receiving pension benefits from cer- therefore, be it ment of State, transmitting, pursuant to tain federal, state, or local government re- Resolved, That the Legislature of Louisiana law, the report of a Determination and Cer- tirement or pension systems, plans, or funds; does hereby memorialize the United States tification under Section 40A of the Arms Ex- to the Committee on Finance. Congress to take such actions as are nec- port Control Act relative to countries not HOUSE CONCURRENT RESOLUTION NO. 20 essary to review the Government Pension cooperating fully with United States Whereas, the Congress of the United States Offset and the Windfall Elimination Provi- antiterrorism efforts; to the Committee on of America has enacted both the Government sion Social Security benefit reductions and Foreign Relations. Pension Offset (GPO), reducing the spousal to consider eliminating or reducing them; EC–1310. A communication from the Sec- and survivor Social Security benefit, and the and be it further Resolved, That a copy of this Resolution be retary of Transportation, transmitting, pur- Windfall Elimination Provision (WEP), re- transmitted to the presiding officers of the suant to law, the Department’s Semiannual ducing the earned Social Security benefits Senate and the House of Representatives of Report of the Office of Inspector General for payable to any person who also receives a the Congress of the United States of America the period from October 1, 2018 through public pension benefit; and March 31, 2019; to the Committee on Home- Whereas, the GPO negatively affects a and to each member of the Louisiana con- land Security and Governmental Affairs. spouse or survivor receiving a federal, state, gressional delegation. EC–1311. A communication from the Dep- or local government retirement or pension f uty Assistant Administrator for Regulatory benefit who would also be entitled to a So- INTRODUCTION OF BILLS AND Programs, National Marine Fisheries Serv- cial Security benefit earned by a spouse; and ice, Department of Commerce, transmitting, Whereas, the GPO formula reduces the JOINT RESOLUTIONS pursuant to law, the report of a rule entitled spousal or survivor Social Security benefit The following bills and joint resolu- ‘‘Endangered and Threatened Wildlife and by two-thirds of the amount of the federal, tions were introduced, read the first Plants; Endangered Status of the Gulf of state, or local government retirement or Mexico Bryde’s Whale’’ (RIN0648–XD669) re- and second times by unanimous con- pension benefit received by the spouse or sent, and referred as indicated: ceived in the Office of the President of the survivor, in many cases completely elimi- Senate on May 15, 2019; to the Committee on nating the Social Security benefit even By Mr. UDALL (for himself, Mr. BOOK- Commerce, Science, and Transportation. though their spouses paid Social Security ER, Ms. HARRIS, Mr. MERKLEY, Mr. EC–1312. A communication from the Chair- taxes for many years; and WYDEN, Mr. BLUMENTHAL, Mr. SAND- man and Chief Executive and Administrative Whereas, the GPO has a harsh effect on ERS, Mr. WHITEHOUSE, Mr. TESTER, Officer, Federal Labor Relations Authority, hundreds of thousands of citizens and under- and Mrs. FEINSTEIN): transmitting, pursuant to law, the Office of mines the original purpose of the Social Se- S. 1499. A bill to establish National Wildlife Inspector General Semiannual Report for the curity dependent/survivor benefit; and Corridors to provide for the protection and period of October 1, 2018 through March 31, Whereas, according to recent Social Secu- restoration of certain native fish, wildlife, 2019; to the Committee on Homeland Secu- rity Administration figures, more than half and plant species, and for other purposes; to rity and Governmental Affairs. a million individuals nationally are affected the Committee on Environment and Public EC–1313. A communication from the Direc- by the GPO; and Works. tor, Office of National Drug Control Policy, Whereas, the WEP applies to those persons By Ms. ERNST (for herself and Ms. Executive Office of the President, transmit- who have earned federal, state, or local gov- SINEMA): ting, pursuant to law, nine (9) reports rel- ernment retirement or pension benefits, in S. 1500. A bill to amend title 10, United ative to vacancies in the Office of National addition to working in employment covered States Code, to improve and enhance protec- Drug Control Policy, received in the Office of under Social Security and paying into the tions for members of the Armed Forces who the President of the Senate on May 15, 2019; Social Security system; and are victims of a sex-related or domestic vio- to the Committee on the Judiciary. Whereas, the WEP reduces the earned So- lence offense, and for other purposes; to the EC–1314. A communication from the Direc- cial Security benefit using an averaged in- Committee on Armed Services. tor, Administrative Office of the United dexed monthly earnings formula and may re- By Ms. WARREN (for herself and Ms. States Courts, transmitting, pursuant to duce Social Security benefits for affected ERNST): law, the Uniform Resource Locator (URL) persons by as much as one-half of the retire- S. 1501. A bill to modify the requirements for the report entitled ‘‘2018 Report of Statis- ment benefit earned as a public servant in for the longitudinal medical study of the De- tics Required by the Bankruptcy Abuse Pre- employment not covered under Social Secu- partment of Defense on blast pressure expo- vention and Consumer Protection Act of rity; and sure of members of the Armed Forces to as- 2005’’; to the Committee on the Judiciary. Whereas, the WEP causes hardworking in- sess the feasibility and advisability of EC–1315. A communication from the Sec- dividuals to lose a significant portion of the uploading and sharing data, and for other retary, Judicial Conference of the United Social Security benefits that they earn purposes; to the Committee on Armed Serv- States, transmitting, a report relative to Ar- themselves; and ices. ticle III judgeship recommendations and cor- Whereas, according to recent Social Secu- By Ms. BALDWIN (for herself, Ms. responding draft legislation for the 116th rity Administration figures, more than one ERNST, Mr. CRAMER, and Ms. SINEMA): Congress; to the Committee on the Judici- and a half million individuals nationally are S. 1502. A bill to amend the Securities Ex- ary. affected by the WEP; and change Act of 1934 to revise the shareholder

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threshold for registration under that Act for Department of Defense to members of the BLUMENTHAL, Ms. HARRIS, Ms. WAR- issuers that receive support through certain Armed Forces and their families, and for REN, Mr. WYDEN, Mr. SANDERS, Mr. Federal universal service support mecha- other purposes; to the Committee on Armed MENENDEZ, Mr. MARKEY, Mr. VAN nisms, and for other purposes; to the Com- Services. HOLLEN, Mr. PETERS, and Mr. mittee on Banking, Housing, and Urban Af- By Mr. BOOKER (for himself, Mr. DUR- CARDIN): fairs. BIN, and Mr. BROWN): S. 1523. A bill to prohibit drilling in the By Ms. WARREN: S. 1514. A bill to amend title IV of the Arctic Ocean; to the Committee on Energy S. 1503. A bill to promote ethics and pre- Higher Education Act of 1965 to require insti- and Natural Resources. vent corruption in Department of Defense tutions of higher education that participate By Mr. BOOKER (for himself, Ms. contracting and other activities, and for in programs under such title to distribute HIRONO, Mr. BROWN, Mr. MURPHY, Ms. other purposes; to the Committee on Armed voter registration forms to students enrolled SMITH, Mr. MENENDEZ, Mr. Services. at the institution, and for other purposes; to BLUMENTHAL, Ms. WARREN, Ms. BALD- By Mr. TILLIS: the Committee on Health, Education, Labor, WIN, Mr. MARKEY, Ms. DUCKWORTH, S. 1504. A bill to amend section 3606 of title and Pensions. and Mrs. GILLIBRAND): 18, United States Code, to grant probation By Ms. HASSAN (for herself and Mrs. S. 1524. A bill to provide for the overall officers authority to arrest hostile third par- CAPITO): health and well-being of young people, in- ties who obstruct or impede a probation offi- S. 1515. A bill to direct the Federal Com- cluding the promotion of lifelong sexual cer in the performance of official duties; to munications Commission to promulgate reg- health and healthy relationships, and for the Committee on the Judiciary. ulations that establish a national standard other purposes; to the Committee on Health, By Mr. CORNYN (for himself and Mr. for determining whether mobile and Education, Labor, and Pensions. CARDIN): broadband services available in rural areas By Mrs. SHAHEEN (for herself and Mr. S. 1505. A bill to require prescription drug are reasonably comparable to those services YOUNG): plans and MA–PD plans to report potential provided in urban areas; to the Committee S. 1525. A bill to amend the Higher Edu- fraud, waste, and abuse to the Secretary of on Commerce, Science, and Transportation. cation Act of 1965 to provide for institutional Health and Human Services under Medicare By Mr. JONES (for himself, Ms. KLO- ineligibility based on low cohort repayment part D, and for other purposes; to the Com- BUCHAR, and Ms. HASSAN): rates and to require risk sharing payments mittee on Finance. S. 1516. A bill to amend the Higher Edu- of institutions of higher education; to the By Mr. ROUNDS (for himself, Mrs. cation Act of 1965 to strengthen the future Committee on Health, Education, Labor, and BLACKBURN, Mr. BRAUN, Mr. CRAMER, workforce and reduce the cost of postsec- Pensions. Mr. HAWLEY, Mr. LEE, and Mr. ENZI): ondary education by reducing rates of post- By Ms. SINEMA (for herself and Ms. S. 1506. A bill to amend title 18, United secondary remediation; to the Committee on ERNST): States Code, to permit certain individuals Health, Education, Labor, and Pensions. S. 1526. A bill to enhance efforts to prevent complying with State law to possess fire- By Mr. KAINE (for himself and Mr. sexual assault in the Armed Forces, and for arms; to the Committee on the Judiciary. PORTMAN): other purposes; to the Committee on Armed By Mrs. CAPITO (for herself, Mrs. S. 1517. A bill to require the Secretary of Services. GILLIBRAND, and Mr. CARPER): Labor to award grants for promoting indus- By Ms. KLOBUCHAR (for herself, Mr. S. 1507. A bill to include certain try or sector partnerships to encourage in- RISCH, Mrs. SHAHEEN, Mr. BURR, and perfluoroalkyl and polyfluoroalkyl sub- dustry growth and competitiveness and to Mr. VAN HOLLEN): stances in the toxics release inventory, and improve worker training, retention, and ad- S. 1527. A bill to require the Secretary of for other purposes; to the Committee on En- vancement as part of an infrastructure in- Transportation to conduct, and submit to vironment and Public Works. vestment; to the Committee on Health, Edu- Congress a report describing the results of, By Mr. TOOMEY (for himself, Mr. COR- cation, Labor, and Pensions. an assessment of the total amount of non- NYN, Mr. TILLIS, Mr. PERDUE, Mr. By Mr. SULLIVAN (for himself, Mr. highway recreational fuel taxes received by COTTON, Mr. LEE, Mr. JOHNSON, Mr. CORNYN, Mrs. CAPITO, and Mrs. FISCH- the Secretary of the Treasury and trans- HOEVEN, Ms. MCSALLY, Mr. BRAUN, ER): ferred to the Highway Trust Fund, and for Mrs. CAPITO, Mr. LANKFORD, Mr. S. 1518. A bill to improve the process by other purposes; to the Committee on Envi- PORTMAN, Mr. INHOFE, Ms. ERNST, Mr. which environmental documents are pre- ronment and Public Works. RISCH, Mr. ROUNDS, and Mr. CRUZ): pared and permits and applications are proc- By Mr. MURPHY (for himself, Mr. VAN S. 1508. A bill to amend title 18, United essed and regulated by Federal departments HOLLEN, Mr. WHITEHOUSE, Mr. States Code, to provide enhanced penalties and agencies, and for other purposes; to the BLUMENTHAL, and Mr. MARKEY): for convicted murderers who kill or target Committee on Environment and Public S. 1528. A bill to amend title 31, United America’s public safety officers; to the Com- Works. States Code, to provide for the issuance of mittee on the Judiciary. By Mr. GRASSLEY (for himself and Green Bonds and to establish the United By Mr. JOHNSON (for himself and Mr. Mr. CRUZ): States Green Bank, and for other purposes; PERDUE): S. 1519. A bill to address gun violence, im- to the Committee on Finance. S. 1509. A bill to amend title 23, United States Code, to require the Secretary of prove the availability of records to the Na- By Mr. COTTON (for himself, Mr. Transportation to waive vehicle weight limi- tional Instant Criminal Background Check WHITEHOUSE, Mr. INHOFE, Mr. COR- tations for certain logging vehicles, and for System, address mental illness in the crimi- NYN, Mr. RUBIO, Mr. JONES, Mr. CRUZ, other purposes; to the Committee on Envi- nal justice system, and end straw purchases Ms. ROSEN, and Mr. ISAKSON): S. 1529. A bill to make additional financial ronment and Public Works. and trafficking of illegal firearms, and for assets of the Government of Iran available to By Mr. YOUNG (for himself, Mr. other purposes; to the Committee on the Ju- diciary. pay compensatory damages to the victims of MANCHIN, Mr. BARRASSO, and Ms. By Mr. KENNEDY (for himself, Mr. terrorism sponsored by that Government, SINEMA): S. 1510. A bill to amend the Internal Rev- MENENDEZ, and Mr. CASSIDY): and for other purposes; to the Committee on enue Code of 1986 to modify the definition of S. 1520. A bill to reauthorize the National Foreign Relations. full-time employee for purposes of the em- Flood Insurance Program; to the Committee By Ms. HIRONO (for herself, Mr. BOOK- ployer mandate in the Patient Protection on Banking, Housing, and Urban Affairs. ER, Mr. BLUMENTHAL, Mr. MARKEY, and Affordable Care Act; to the Committee By Mr. HAWLEY (for himself, Mr. Mr. BROWN, Ms. WARREN, Mrs. GILLI- on Finance. BLUNT, Mr. SCOTT of Florida, and Ms. BRAND, and Mr. MURPHY): By Ms. CORTEZ MASTO: HASSAN): S. 1530. A bill to authorize the Secretary of S. 1511. A bill to require a mechanism for S. 1521. A bill to amend section 327 of the Health and Human Services to award grants the regular evaluation by the Air Force of Robert T. Stafford Disaster Relief and Emer- to support the access of marginalized youth justifications for the continuing mainte- gency Assistance Act to clarify that Na- to sexual health services, and for other pur- nance of non-operational staff positions in tional Urban Search and Rescue Response poses; to the Committee on Health , Edu- the Air Force that require pilot expertise; to System task forces may include Federal em- cation, Labor, and Pensions. the Committee on Armed Services. ployees; to the Committee on Homeland Se- By Mr. CASSIDY (for himself, Mr. BEN- By Ms. CORTEZ MASTO: curity and Governmental Affairs. NET, Mr. YOUNG, Ms. HASSAN, Ms. S. 1512. A bill to require the Comptroller By Mrs. CAPITO (for herself, Mr. MURKOWSKI, Mr. CARPER, Mr. SUL- General of the United States to conduct a SCHATZ, Mr. TESTER, and Mr. LIVAN, Mr. BROWN, Mr. CRAMER, Mr. study on the designation by the Secretary of MORAN): CARDIN, Mr. KENNEDY, and Mr. Defense and the Secretaries of the military S. 1522. A bill to improve broadband data CASEY): departments of installations of the Depart- collection, mapping, and validation to sup- S. 1531. A bill to amend the Public Health ment of Defense as ‘‘remote’’ or ‘‘isolated’’, port the effective deployment of broadband Service Act to provide protections for health and for other purposes; to the Committee on services to all areas of the United States, insurance consumers from surprise billing; Armed Services. and for other purposes; to the Committee on to the Committee on Health, Education, By Ms. CORTEZ MASTO: Commerce, Science, and Transportation. Labor, and Pensions. S. 1513. A bill to improve oversight of By Mr. MERKLEY (for himself, Mr. By Mrs. BLACKBURN (for herself and privatized military housing provided by the BOOKER, Mr. WHITEHOUSE, Mr. Mr. BRAUN):

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.015 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2925 S. 1532. A bill to require the Government SUBMISSION OF CONCURRENT AND Washington (Mrs. MURRAY), the Sen- Accountability Office to study the role phar- SENATE RESOLUTIONS ator from Oregon (Mr. WYDEN), the maceutical benefit managers play in the Senator from California (Ms. HARRIS), pharmaceutical supply chain and provide The following concurrent resolutions and Senate resolutions were read, and the Senator from Nevada (Ms. ROSEN) Congress with appropriate policy rec- and the Senator from Minnesota (Ms. ommendations, and for other purposes; to referred (or acted upon), as indicated: SMITH) were added as cosponsors of S. the Committee on Health, Education, Labor, By Ms. MURKOWSKI (for herself, Ms. 277, a bill to posthumously award a and Pensions. BALDWIN, Mrs. FEINSTEIN, Ms. COL- By Mr. KENNEDY: LINS, Mrs. SHAHEEN, Mrs. CAPITO, Congressional Gold Medal to Fred Mrs. BLACKBURN, Ms. WARREN, Ms. Korematsu, in recognition of his dedi- S. 1533. A bill to reauthorize the National ERNST, Mrs. FISCHER, Mrs. HYDE- cation to justice and equality. Flood Insurance Program; to the Committee SMITH, Ms. HIRONO, Mrs. MURRAY, Ms. on Banking, Housing, and Urban Affairs. S. 287 CANTWELL, Ms. KLOBUCHAR, Ms. HAR- By Mr. PETERS (for himself and Ms. At the request of Mr. TOOMEY, the RIS, Ms. MCSALLY, Ms. STABENOW, ERNST): Ms. ROSEN, Ms. CORTEZ MASTO, Ms. name of the Senator from Virginia (Mr. S. 1534. A bill to require the Secretary of SMITH, Mrs. GILLIBRAND, Ms. HASSAN, KAINE) was added as a cosponsor of S. Defense to conduct an assessment of quan- Ms. DUCKWORTH, and Ms. SINEMA): 287, a bill to amend the Trade Expan- tum computing technology to address prob- S. Res. 212. A resolution celebrating the sion Act of 1962 to impose limitations lems associated with exposure to PFAS, and 100th anniversary of the passage and ratifica- on the authority of the President to for other purposes; to the Committee on tion of the 19th Amendment, providing for adjust imports that are determined to Armed Services. women’s suffrage, to the Constitution of the threaten to impair national security, By Mr. WARNER (for himself, Mr. United States; to the Committee on the Ju- and for other purposes. BLUNT, Mr. COONS, Mr. GRAHAM, Ms. diciary. S. 319 KLOBUCHAR, Mr. CORNYN, Mr. By Mr. INHOFE (for himself and Ms. BLUMENTHAL, and Mr. BRAUN): HARRIS): At the request of Mrs. MURRAY, the S. Res. 213. A resolution designating the name of the Senator from Massachu- S. 1535. A bill to facilitate efficient invest- week of May 19 through May 25, 2019, as ‘‘Na- setts (Mr. MARKEY) was added as a co- ments and financing of infrastructure tional Public Works Week’’; to the Com- projects and new, long-term job creation sponsor of S. 319, a bill to improve the mittee on the Judiciary. reproductive assistance provided by the through the establishment of an Infrastruc- By Mr. MANCHIN (for himself and Mrs. ture Financing Authority, and for other pur- CAPITO): Department of Defense and the Depart- poses; to the Committee on Finance. S. Con. Res. 17. A concurrent resolution au- ment of Veterans Affairs to severely By Mr. PETERS (for himself and Mr. thorizing the use of rotunda of the Capitol wounded, ill, or injured members of the BOOZMAN): for the lying in state of the remains of the Armed Forces, veterans, and their S. 1536. A bill to amend the Older Ameri- last Medal of Honor recipient of World War spouses or partners, and for other pur- cans Act of 1965 to support healthy aging and II, in order to honor the Greatest Generation poses. and the more than 16,000,000 men and women age-friendly communities; to the Committee S. 433 who served in the Armed Forces of the on Health, Education, Labor, and Pensions. United States from 1941 to 1945; to the Com- At the request of Ms. COLLINS, the By Mr. TOOMEY (for himself and Mr. mittee on Rules and Administration. name of the Senator from Tennessee ROUNDS): f (Mrs. BLACKBURN) was added as a co- S. 1537. A bill to ensure America’s law en- sponsor of S. 433, a bill to amend title forcement officers have access to lifesaving ADDITIONAL COSPONSORS XVIII of the Social Security Act to im- equipment needed to defend themselves and S. 155 prove home health payment reforms civilians from attacks by terrorists and vio- under the Medicare program. lent criminals; to the Committee on Home- At the request of Mr. JONES, the land Security and Governmental Affairs. name of the Senator from Arizona (Ms. S. 457 By Mr. WARNER (for himself, Mr. SINEMA) was added as a cosponsor of S. At the request of Mr. CORNYN, the BLUNT, Mr. GRAHAM, and Mr. BRAUN): 155, a bill to improve the financial lit- names of the Senator from Nebraska S. 1538. A bill to decrease the deficit by re- eracy of secondary school students. (Mrs. FISCHER) and the Senator from aligning, consolidating, disposing, and im- S. 191 Tennessee (Mrs. BLACKBURN) were proving the efficiency of Federal buildings At the request of Ms. KLOBUCHAR, the added as cosponsors of S. 457, a bill to and other civilian real property, and for names of the Senator from New Mexico require that $1 coins issued during 2019 other purposes; to the Committee on Envi- (Mr. UDALL) and the Senator from honor President George H.W. Bush and ronment and Public Works. South Dakota (Mr. ROUNDS) were added to direct the Secretary of the Treasury By Mr. PORTMAN (for himself and Mr. as cosponsors of S. 191, a bill to direct to issue bullion coins during 2019 in PETERS): the Secretary of Defense to include in honor of Barbara Bush. S. 1539. A bill to amend the Homeland Se- periodic health assessments, separation S. 460 curity Act of 2002 to provide funding to se- history and physical examinations, and At the request of Mr. WARNER, the cure nonprofit facilities from terrorist at- other assessments an evaluation of names of the Senator from Missouri tacks, and for other purposes; to the Com- whether a member of the Armed Forces (Mr. HAWLEY), the Senator from Idaho mittee on Homeland Security and Govern- mental Affairs. has been exposed to open burn pits or (Mr. CRAPO) and the Senator from By Ms. KLOBUCHAR (for herself, Mr. toxic airborne chemicals, and for other Idaho (Mr. RISCH) were added as co- SCHUMER, Mr. WARNER, Mr. REED, purposes. sponsors of S. 460, a bill to amend the Mrs. FEINSTEIN, Mr. DURBIN, Ms. S. 227 Internal Revenue Code of 1986 to extend BALDWIN, Mr. BENNET, Mr. At the request of Ms. MURKOWSKI, the the exclusion for employer-provided BLUMENTHAL, Mr. BOOKER, Mr. name of the Senator from Nevada (Ms. education assistance to employer pay- BROWN, Mr. CARDIN, Mr. CASEY, Mr. ROSEN) was added as a cosponsor of S. ments of student loans. COONS, Ms. HARRIS, Ms. HASSAN, Mr. S. 504 HEINRICH, Ms. HIRONO, Mr. JONES, Mr. 227, a bill to direct the Attorney Gen- KAINE, Mr. KING, Mr. LEAHY, Mr. eral to review, revise, and develop law At the request of Ms. SINEMA, the MARKEY, Mr. MERKLEY, Mrs. MUR- enforcement and justice protocols ap- name of the Senator from North Da- RAY, Ms. ROSEN, Mr. SANDERS, Mr. propriate to address missing and mur- kota (Mr. HOEVEN) was added as a co- SCHATZ, Mrs. SHAHEEN, Ms. SMITH, dered Indians, and for other purposes. sponsor of S. 504, a bill to amend title Ms. STABENOW, Mr. TESTER, Mr. S. 277 36, United States Code, to authorize UDALL, Mr. VAN HOLLEN, Ms. WAR- The American Legion to determine the REN, Ms. DUCKWORTH, Mr. CARPER, At the request of Ms. HIRONO, the requirements for membership in The Mrs. GILLIBRAND, and Mr. PETERS): names of the Senator from Massachu- setts (Mr. MARKEY), the Senator from American Legion, and for other pur- S. 1540. A bill to protect elections for pub- poses. lic office by providing financial support and Illinois (Mr. DURBIN), the Senator from enhanced security for the infrastructure Connecticut (Mr. BLUMENTHAL), the S. 532 used to carry out such elections, and for Senator from Rhode Island (Mr. WHITE- At the request of Mr. CARDIN, the other purposes; to the Committee on Rules HOUSE), the Senator from Washington names of the Senator from Montana and Administration. (Ms. CANTWELL), the Senator from (Mr. DAINES) and the Senator from

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Economic Opportunity and Transition ing the school year pursuant to mili- S. 800 Administration and the Under Sec- tary orders for a permanent change of At the request of Mr. CASSIDY, the retary for Veterans Economic Oppor- duty station, or the individual works name of the Senator from Minnesota tunity and Transition of the Depart- in a school of the defense dependents’ (Ms. SMITH) was added as a cosponsor ment of Veterans Affairs, and for other education system under the Defense of S. 800, a bill to establish a postsec- purposes. Dependents’ Education Act of 1978 due ondary student data system. S. 1039 to such a relocation, and for other pur- S. 803 At the request of Mr. UDALL, the poses. At the request of Mr. TOOMEY, the name of the Senator from Pennsyl- S. 569 name of the Senator from New Hamp- vania (Mr. CASEY) was added as a co- At the request of Mr. YOUNG, the shire (Ms. HASSAN) was added as a co- sponsor of S. 1039, a bill to limit the name of the Senator from Idaho (Mr. sponsor of S. 803, a bill to amend the use of funds for kinetic military oper- CRAPO) was added as a cosponsor of S. Internal Revenue Code of 1986 to re- ations in or against Iran. 569, a bill to direct the Secretary of store incentives for investments in S. 1081 Transportation to issue regulations re- qualified improvement property. lating to commercial motor vehicle At the request of Mr. MANCHIN, the S. 814 drivers under the age of 21, and for name of the Senator from Illinois (Mr. At the request of Mrs. SHAHEEN, the other purposes. DURBIN) was added as a cosponsor of S. name of the Senator from Maine (Mr. 1081, a bill to amend title 54, United S. 578 KING) was added as a cosponsor of S. States Code, to provide permanent, At the request of Mr. WHITEHOUSE, 814, a bill to amend title XVIII of the dedicated funding for the Land and the name of the Senator from Georgia Social Security Act to improve access Water Conservation Fund, and for (Mr. ISAKSON) was added as a cosponsor to diabetes outpatient self-manage- other purposes. of S. 578, a bill to amend title II of the ment training services, and for other S. 1126 Social Security Act to eliminate the purposes. five-month waiting period for dis- At the request of Mrs. CAPITO, the S. 816 ability insurance benefits under such names of the Senator from Texas (Mr. title for individuals with amyotrophic At the request of Mr. CASSIDY, the CORNYN) and the Senator from Penn- lateral sclerosis. name of the Senator from Alabama sylvania (Mr. CASEY) were added as co- (Mr. JONES) was added as a cosponsor S. 580 sponsors of S. 1126, a bill to provide of S. 816, a bill to amend the Natural better care for Americans living with At the request of Ms. ERNST, the Gas Act to expedite approval of exports name of the Senator from Nebraska Alzheimer’s disease and related demen- of small volumes of natural gas, and tias and their caregivers, while accel- (Mrs. FISCHER) was added as a cospon- for other purposes. sor of S. 580, a bill to amend the Act of erating progress toward prevention August 25, 1958, commonly known as S. 846 strategies, disease modifying treat- the ‘‘Former Presidents Act of 1958’’, At the request of Mr. CORNYN, the ments, and, ultimately, a cure. with respect to the monetary allow- names of the Senator from Mississippi S. 1156 ance payable to a former President, (Mrs. HYDE-SMITH), the Senator from At the request of Mr. SCHATZ, the and for other purposes. West Virginia (Mr. MANCHIN) and the names of the Senator from Maine (Ms. Senator from Tennessee (Mrs. BLACK- S. 604 COLLINS) and the Senator from Massa- BURN) were added as cosponsors of S. At the request of Mr. THUNE, the chusetts (Ms. WARREN) were added as name of the Senator from Nebraska 846, a bill to amend title 49, United cosponsors of S. 1156, a bill to amend States Code, to limit certain rolling (Mrs. FISCHER) was added as a cospon- title 10, United States Code, to require sor of S. 604, a bill to limit the author- stock procurements, and for other pur- the Secretary of each military depart- ity of States to tax certain income of poses. ment to develop resilience plans for in- employees for employment duties per- S. 852 stallations of the Department of De- formed in other States. At the request of Mr. SCOTT of South fense, and for other purposes. S. 652 Carolina, the name of the Senator from S. 1209 At the request of Mr. PORTMAN, the Florida (Mr. SCOTT) was added as a co- At the request of Mr. CASSIDY, the name of the Senator from Arizona (Ms. sponsor of S. 852, a bill to provide for name of the Senator from North Da- SINEMA) was added as a cosponsor of S. the consideration of a definition of kota (Mr. CRAMER) was added as a co- 652, a bill to require the United States anti-Semitism for the enforcement of sponsor of S. 1209, a bill to amend the Postal Service to continue selling the Federal antidiscrimination laws con- Federal Food, Drug, and Cosmetic Act Multinational Species Conservation cerning education programs or activi- with respect to approval of abbreviated Funds Semipostal Stamp until all re- ties. new drug applications. maining stamps are sold, and for other S. 879 S. 1235 purposes. At the request of Mr. VAN HOLLEN, At the request of Mrs. BLACKBURN, S. 743 the name of the Senator from New the names of the Senator from Ten- At the request of Mr. ISAKSON, the Mexico (Mr. UDALL) was added as a co- nessee (Mr. ALEXANDER), the Senator name of the Senator from Mississippi sponsor of S. 879, a bill to provide a from North Dakota (Mr. HOEVEN), the (Mr. WICKER) was added as a cosponsor process for granting lawful permanent Senator from North Carolina (Mr. of S. 743, a bill to award a Congres- resident status to aliens from certain TILLIS), the Senator from Kansas (Mr. sional Gold Medal to the soldiers of the countries who meet specified eligibility ROBERTS), the Senator from Indiana 5307th Composite Unit (Provisional), requirements, and for other purposes. (Mr. BRAUN), the Senator from Kansas commonly known as ‘‘Merrill’s Ma- S. 880 (Mr. MORAN), the Senator from Mis- rauders’’, in recognition of their brav- At the request of Ms. STABENOW, the souri (Mr. BLUNT), the Senator from ery and outstanding service in the jun- name of the Senator from Nebraska Texas (Mr. CORNYN), the Senator from gles of Burma during World War II. (Mrs. FISCHER) was added as a cospon- Alaska (Mr. SULLIVAN), the Senator

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.020 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2927 from Georgia (Mr. PERDUE), the Sen- (Mr. MERKLEY) was added as a cospon- end abuse of the asylum system and es- ator from Idaho (Mr. RISCH), the Sen- sor of S. 1403, a bill to amend the Child tablish refugee application and proc- ator from Wisconsin (Mr. JOHNSON), the Care Access Means Parents in School essing centers outside the United Senator from Pennsylvania (Mr. Program under the Higher Education States, and for other purposes. TOOMEY), the Senator from Louisiana Act of 1965. S. 1495 (Mr. CASSIDY), the Senator from Ohio S. 1424 At the request of Ms. MCSALLY, the (Mr. PORTMAN) and the Senator from At the request of Mr. CASEY, the name of the Senator from Arkansas Georgia (Mr. ISAKSON) were added as name of the Senator from New Hamp- (Mr. COTTON) was added as a cosponsor cosponsors of S. 1235, a bill to require shire (Ms. HASSAN) was added as a co- of S. 1495, a bill to amend title 10, the Secretary of the Treasury to mint sponsor of S. 1424, a bill to promote af- United States Code, to enhance the coins in commemoration of ratification fordable access to evidence-based prevention of sexual assault and re- of the 19th Amendment to the Con- opioid treatments under the Medicare lated offenses in the Armed Forces, to stitution of the United States, giving program and require coverage of medi- enhance protections of victims of such women in the United States the right cation assisted treatment for opioid offenses, to improve the investigation to vote. use disorders, opioid overdose reversal and prosecution of such offenses, and S. 1258 medications, and recovery support for other purposes. At the request of Mr. SCHATZ, the services by health plans without cost- S. CON. RES. 9 names of the Senator from Ohio (Mr. sharing requirements. At the request of Mr. ROBERTS, the BROWN) and the Senator from Maine S. 1426 names of the Senator from Pennsyl- (Ms. COLLINS) were added as cosponsors At the request of Mr. CORNYN, the vania (Mr. CASEY) and the Senator of S. 1258, a bill to prohibit the sale of name of the Senator from Kansas (Mr. from North Dakota (Mr. HOEVEN) were tobacco products to individuals under ROBERTS) was added as a cosponsor of added as cosponsors of S. Con. Res. 9, a the age of 21. S. 1426, a bill to amend the Endangered concurrent resolution expressing the S. 1300 Species Act of 1973 to establish a proce- sense of Congress that tax-exempt fra- At the request of Mr. BLUNT, the dure for approval of certain settle- ternal benefit societies have histori- name of the Senator from Tennessee ments. cally provided and continue to provide LACKBURN (Mrs. B ) was added as a co- S. 1429 critical benefits to the people and com- sponsor of S. 1300, a bill to require the At the request of Mr. CORNYN, the munities of the United States. Secretary of the Treasury to mint a name of the Senator from Kansas (Mr. S. RES. 99 coin in commemoration of the opening ROBERTS) was added as a cosponsor of At the request of Mr. PETERS, the of the National Law Enforcement Mu- S. 1429, a bill to amend the Endangered names of the Senator from Colorado seum in the District of Columbia, and Species Act of 1973 to require publica- (Mr. BENNET), the Senator from Dela- for other purposes. tion on the Internet of the basis for de- ware (Mr. COONS) and the Senator from S. 1370 terminations that species are endan- Washington (Ms. CANTWELL) were At the request of Mr. CASSIDY, the gered species or threatened species, and added as cosponsors of S. Res. 99, a res- name of the Senator from Mississippi for other purposes. olution expressing the sense of the Sen- (Mr. WICKER) was added as a cosponsor S. 1442 ate that Congress should take all ap- of S. 1370, a bill to amend the Internal At the request of Mr. CRUZ, the name propriate measures to ensure that the Revenue Code of 1986 to treat certain of the Senator from North Carolina United States Postal Service remains military survivor benefits as earned in- (Mr. TILLIS) was added as a cosponsor an independent establishment of the come for purposes of the kiddie tax. of S. 1442, a bill to amend the Elemen- Federal Government and is not subject S. 1383 tary and Secondary Education Act of to privatization. At the request of Mr. COTTON, the 1965 to strengthen school security. S. RES. 120 name of the Senator from Georgia (Mr. S. 1452 At the request of Mr. CARDIN, the PERDUE) was added as a cosponsor of S. name of the Senator from South Da- 1383, a bill to amend the At the request of Mr. MARKEY, the name of the Senator from Alaska (Ms. kota (Mr. THUNE) was added as a co- Servicemembers Civil Relief Act to sponsor of S. Res. 120, a resolution op- provide a guarantee of residency for MURKOWSKI) was added as a cosponsor of S. 1452, a bill to establish a program posing efforts to delegitimize the State registration of businesses of spouses of of Israel and the Global Boycott, Di- members of the uniformed services, to to provide assistance for education and research harbors. vestment, and Sanctions Movement improve occupational license port- targeting Israel. ability for military spouses through S. 1480 S. RES. 135 interstate compacts, and for other pur- At the request of Mr. CORNYN, the name of the Senator from Georgia (Mr. At the request of Mr. BOOZMAN, the poses. name of the Senator from Pennsyl- S. 1392 ISAKSON) was added as a cosponsor of S. vania (Mr. TOOMEY) was added as a co- At the request of Mr. SULLIVAN, the 1480, a bill to protect law enforcement officers, and for other purposes. sponsor of S. Res. 135, a resolution ex- name of the Senator from Arizona (Ms. pressing the gratitude and appreciation MCSALLY) was added as a cosponsor of S. 1481 of the Senate for the acts of heroism S. 1392, a bill to direct the Comptroller At the request of Mr. BROWN, the and valor by the members of the General of the United States to con- names of the Senator from Delaware United States Armed Forces who par- duct an assessment of the responsibil- (Mr. COONS), the Senator from Mary- ticipated in the June 6, 1944, amphib- ities, workload, and vacancy rates of land (Mr. VAN HOLLEN) and the Senator ious landing at Normandy, France, and suicide prevention coordinators of the from Maryland (Mr. CARDIN) were commending those individuals for lead- Department of Veterans Affairs, and added as cosponsors of S. 1481, a bill to ership and bravery in an operation that for other purposes. amend title XXVII of the Public Health helped bring an end to World War II. S. 1401 Service Act to provide for a special en- f At the request of Ms. DUCKWORTH, rollment period for pregnant women, the name of the Senator from Illinois and for other purposes. STATEMENTS ON INTRODUCED (Mr. DURBIN) was added as a cosponsor S. 1494 BILLS AND JOINT RESOLUTIONS of S. 1401, a bill to establish eligibility At the request of Mr. GRAHAM, the By Mr. KAINE (for himself and requirements for education support name of the Senator from Arizona (Ms. Mr. PORTMAN): professionals under the Family and MCSALLY) was added as a cosponsor of S. 1517. A bill to require the Sec- Medical Leave Act of 1993, and for S. 1494, a bill to amend the William retary of Labor to award grants for other purposes. Wilberforce Trafficking Victims Pro- promoting industry or sector partner- S. 1403 tection Reauthorization Act of 2008 to ships to encourage industry growth and At the request of Ms. DUCKWORTH, protect alien minors and to amend the competitiveness and to improve worker the name of the Senator from Oregon Immigration and Nationality Act to training, retention, and advancement

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.022 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2928 CONGRESSIONAL RECORD — SENATE May 16, 2019 as part of an infrastructure invest- growth, competitiveness and collabora- tally changed the role of women in the civic ment; to the Committee on Health, tion to improve worker training, reten- life of our Nation; Education, Labor, and Pensions. tion and advancement in targeted in- Whereas August 18, 2020, marks the centen- Mr. KAINE. Mr. President. the U.S. nial of the ratification of the 19th Amend- frastructure clusters. Additionally, ment by three-fourths of the States, pro- infrastructure system is in critical businesses and education providers viding the support necessary under article V need of an upgrade. The American So- would be connected to develop class- of the Constitution of the United States; ciety of Civil Engineers recently grad- room curriculum to complement on- Whereas August 26, 2020, marks the centen- ed the U.S. system a D+ given its ca- the-job learning and workers would re- nial of the 19th Amendment becoming a part pacity, condition, funding, future need, ceive support services such as men- of the Constitution of the United States, pro- operation and maintenance, public toring and career counseling to ensure viding for women’s suffrage; and safety, resilience and innovation. Any that they are successful from the pre- Whereas the centennial anniversary of the ratification of the 19th Amendment rep- investment to improve our country’s employment to placement in a full- resents a historical milestone to be lauded infrastructure system would create time position. and celebrated: Now, therefore, be it millions of new jobs, requiring millions Our Nation desperately needs im- Resolved, That the Senate— of skilled workers to fill them. provements to critical infrastructure (1) celebrates the 100th anniversary of the A recent study by the Center of Edu- like our roads and bridges, however to passage and ratification of the 19th Amend- cation and the Workforce at George- do that work we must have a trained ment, providing for women’s suffrage, to the Constitution of the United States; town University estimated that a $1 workforce that’s ready to fill these trillion infrastructure investment (2) honors the role of the ratification of the good-paying jobs. Virginia businesses 19th Amendment in further promoting the would create 11 million new jobs. Near- in the transportation, maritime, and core values of our democracy as promised by ly half of these would require training information technology industries con- the Constitution of the United States; past the high school level. Even with- tinue to tell me they have trouble find- (3) reaffirms the opportunity for people in out a significant investment, though, ing job applicants with the necessary the United States to learn about and com- infrastructure industries are already skills. This bill will help workers get memorate the efforts of the women’s suf- frage movement and the role of women in struggling to meet workforce demands. the job training they need to be hired. Workers in infrastructure industries our democracy; and I hope that my colleagues on both sides (4) reaffirms the desire of Congress to con- are expected to retire at a 50% higher of the aisle consider the BUILDS Act tinue strengthening democratic participa- rate than the general workforce. To en- as a necessary component to any in- tion and to inspire future generations to sure infrastructure investments benefit vestment in our Nation’s infrastruc- cherish and preserve the historic precedent businesses, workers and the economy, ture. established under the 19th Amendment. the U.S. must invest in the creation of f f a diverse pipeline of workers with SENATE RESOLUTION 213—DESIG- skills necessary to access in-demand SUBMITTED RESOLUTIONS NATING THE WEEK OF MAY 19 opportunities. THROUGH MAY 25, 2019, AS ‘‘NA- Industry and sector partnerships are TIONAL PUBLIC WORKS WEEK’’ a proven strategy for helping workers SENATE RESOLUTION 212—CELE- prepare for middle-skill jobs and help- BRATING THE 100TH ANNIVER- Mr. INHOFE (for himself and Ms. ing businesses find skilled workers. SARY OF THE PASSAGE AND HARRIS) submitted the following reso- Congress requires States and local RATIFICATION OF THE 19TH lution; which was referred to the Com- areas to support the development of AMENDMENT, PROVIDING FOR mittee on the Judiciary: these partnerships under the Workforce WOMEN’S SUFFRAGE, TO THE S. RES. 213 Innovation and Opportunity Act CONSTITUTION OF THE UNITED Whereas public works infrastructure, fa- (WIOA), but no dedicated funding has STATES cilities, and services are of vital importance been provided for these activities. Ac- Ms. MURKOWSKI (for herself, Ms. to the health, safety, and well-being of the people of the United States; BALDWIN, Mrs. FEINSTEIN, Ms. COLLINS, cording to a recent national poll, 77% Whereas public works infrastructure, fa- of business leaders say it would help Mrs. SHAHEEN, Mrs. CAPITO, Mrs. cilities, and services could not be provided their business to create closer links be- BLACKBURN, Ms. WARREN, Ms. ERNST, without the dedicated efforts of public works tween education providers and busi- Mrs. FISCHER, Mrs. HYDE-SMITH, Ms. professionals, including engineers and ad- nesses to train people for the jobs for HIRONO, Mrs. MURRAY, Ms. CANTWELL, ministrators, who represent State and local which businesses are hiring. Ms. KLOBUCHAR, Ms. HARRIS, Ms. governments throughout the United States; For workers, especially those under- MCSALLY, Ms. STABENOW, Ms. ROSEN, Whereas public works professionals design, build, operate, and maintain the transpor- represented in infrastructure indus- Ms. CORTEZ MASTO, Ms. SMITH, Mrs. tation systems, water infrastructure, sewage tries, support services like career coun- GILLIBRAND, Ms. HASSAN, Ms. and refuse disposal systems, public buildings, seling, child care, and transportation DUCKWORTH, and Ms. SINEMA) sub- and other structures and facilities that are can often be the key to succeed in mitted the following resolution; which vital to the people and communities of the work-based learning programs. Pro- was referred to the Committee on the United States; and viding these services may be outside Judiciary: Whereas understanding the role that public infrastructure plays in protecting the envi- the capacity of a business. Industry S. RES. 212 partnerships bring business together ronment, improving public health and safe- Whereas Congress passed the 19th Amend- ty, contributing to economic vitality, and with community and human service or- ment to the Constitution of the United enhancing the quality of life of every com- ganizations that can make these con- States, guided by the shared ideals of free- munity of the United States is in the inter- nections for workers and drastically dom, sovereignty, democracy, civil liberties, est of the people of the United States: Now, improve their ability to succeed in and individual rights; therefore, be it training and meet business demand for Whereas from 1919 to 1920, the Sixty-Sixth Resolved, That the Senate— skilled workers. Congress debated, and State legislatures con- (1) designates the week of May 19 through This is why I am pleased to introduce sidered, an amendment to the Constitution May 25, 2019, as ‘‘National Public Works to provide suffrage for women; Week’’; with my colleague, Senator PORTMAN, Whereas on May 21, 1919, the House of Rep- (2) recognizes and celebrates the important the Building U.S. Infrastructure by resentatives approved a proposed amend- contributions that public works profes- Leveraging Demands for Skills Act or ment, followed by the Senate a few weeks sionals make every day to improve— BUILDS Act. The BUILDS Act creates later on June 4, 1919; (A) the public infrastructure of the United a grant program that would support in- Whereas the introduction, passage, and ul- States; and dustry and sector partnerships working timate ratification of the 19th Amendment (B) the communities that public works pro- with local businesses, industry associa- were the culmination of decades of work and fessionals serve; and tions and organizations, labor organi- struggle by advocates for the rights of (3) urges individuals and communities women across the United States and world- throughout the United States to join with zations, State and local workforce wide; representatives of the Federal Government boards, economic development agencies Whereas the ratification of the 19th and the American Public Works Association and other partners engaged in their Amendment ensured women could more fully in activities and ceremonies that are de- communities to encourage industry participate in our democracy and fundamen- signed—

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.024 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2929 (A) to pay tribute to the public works pro- sion of the Senate on Thursday, May EFFECTIVE PROSECUTION OF POS- fessionals of the United States; and 16, 2019, at 2 p.m., to conduct a hearing SESSION OF BIOLOGICAL TOXINS (B) to recognize the substantial contribu- on the following nominations: Bridget AND AGENTS ACT OF 2019 tions that public works professionals make A. Brink, of Michigan to be Ambas- to the United States. Mr. MCCONNELL. Mr. President, I sador to the Slovak Republic, Kenneth ask unanimous consent that the Com- f A. Howery, of Texas, to be Ambassador mittee on the Judiciary be discharged SENATE CONCURRENT RESOLU- to the Kingdom of Sweden, Matthew S. from further consideration of S. 744 and TION 17—AUTHORIZING THE USE Klimow, of New York, to be Ambas- the Senate proceed to its immediate OF ROTUNDA OF THE CAPITOL sador to Turkmenistan, and John Jef- consideration. FOR THE LYING IN STATE OF ferson Daigle, of Louisiana, to be Am- The PRESIDING OFFICER. The THE REMAINS OF THE LAST bassador to the Republic of Cabo clerk will report the bill by title. MEDAL OF HONOR RECIPIENT OF Verde, all of the Department of State. The senior assistant legislative clerk WORLD WAR II, IN ORDER TO COMMITTEE ON THE JUDICIARY read as follows: HONOR THE GREATEST GENERA- The Committee on the Judiciary is A bill (S. 744), to amend section 175b of TION AND THE MORE THAN authorized to meet during the session title 18, United States Code, to correct a 16,000,000 MEN AND WOMEN WHO of the Senate on Thursday, May 16, scrivener’s error. SERVED IN THE ARMED FORCES 2019, at 10 a.m., to conduct a hearing on There being no objection, the com- OF THE UNITED STATES FROM pending legislation and the following mittee was discharged, and the Senate 1941 TO 1945 nominations: Ada E. Brown, to be proceeded to consider the bill. Mr. MANCHIN (for himself and Mrs. United States District Judge for the Mr. MCCONNELL. I ask unanimous consent that the bill be considered read CAPITO) submitted the following con- Northern District of Texas, Steven D. current resolution; which was referred Grimberg, to be United States District a third time and passed and the motion to the Committee on Rules and Admin- Judge for the Northern District of to reconsider be considered made and istration: Georgia, David John Novak, to be laid upon the table. United States District Judge for the The PRESIDING OFFICER. Without S. CON. RES. 17 Eastern District of Virginia, and Mat- objection, it is so ordered. Resolved by the Senate (the House of Rep- thew H. Solomson, of Maryland, to be a The bill was ordered to be engrossed resentatives concurring), Judge of the United States Court of for a third reading, was read the third SECTION 1. HONORING THE LAST SURVIVING time, and passed, as follows: MEDAL OF HONOR RECIPIENT OF Federal Claims. WORLD WAR II. COMMITTEE ON VETERANS’ AFFAIRS S. 744 (a) USE OF ROTUNDA.—The individual who The Committee on Veterans’ Affairs Be it enacted by the Senate and House of Rep- is the last surviving recipient of the Medal of is authorized to meet during the ses- resentatives of the United States of America in Honor for acts performed during World War sion of the Senate on Thursday, May Congress assembled, II shall be permitted to lie in state in the ro- 16, 2019, at 10 a.m., to conduct a hearing SECTION 1. SHORT TITLE. tunda of the Capitol upon death, if the indi- This Act may be cited as the ‘‘Effective vidual (or the next of kin of the individual) entitled, ‘‘Oversight of the U.S. Elec- Prosecution of Possession of Biological Tox- so elects. tion Assistance Commission.’’ ins and Agents Act of 2019’’. (b) IMPLEMENTATION.—The Architect of the SELECT COMMITTEE ON INTELLIGENCE SEC. 2. PROHIBITION ON THE POSSESSION OF BI- Capitol, under the direction of the President The Select Committee on Intel- OLOGICAL TOXINS AND AGENTS. pro tempore of the Senate and the Speaker ligence is authorized to meet during Section 175b of title 18, United States Code, of the House of Representatives, shall take is amended— the necessary steps to implement subsection the session of the Senate on Thursday, May 16, 2019, at 2 p.m., to conduct a (1) in subsection (a)— (a). (A) by striking ‘‘(a)(1) No restricted’’ and hearing. f all that follows through the end of paragraph SUBCOMMITTEE ON SCIENCE, OCEANS, (1) and inserting the following: NOTICE OF INTENT TO OBJECT TO FISHERIES, AND WEATHER ‘‘(a) OFFENSE.— PROCEEDING The Subcommittee on Science, ‘‘(1) IN GENERAL.—It shall be unlawful for a restricted person to— I, Senator CHUCK GRASSLEY, intend Oceans, Fisheries, and Weather of the Committee on Commerce, Science, and ‘‘(A) ship, transport, or possess in or affect- to object to proceeding to the nomina- ing interstate or foreign commerce any bio- tion of David Michael Satterfield, of Transportation is authorized to meet logical agent or toxin described in paragraph Missouri, to be Ambassador Extraor- during the session of the Senate on (2); or dinary and Plenipotentiary of the Thursday, May 16, 2019, at 10 a.m., to ‘‘(B) receive any biological agent or toxin United States of America to the Repub- conduct a hearing. described in paragraph (2) that has been lic of Turkey, dated May 16, 2019. f shipped or transported in interstate or for- eign commerce. f MEASURES READ THE FIRST TIME ‘‘(2) AGENTS AND TOXINS COVERED.—A bio- EN BLOC—H.R. 312 AND H.R. 2578 logical agent or toxin described in this para- AUTHORITY FOR COMMITTEES TO graph is a biological agent or toxin that— MEET Mr. MCCONNELL. Mr. President, I ‘‘(A) is listed as a non-overlap or overlap Mr. PORTMAN. Mr. President, I have understand that there are two bills at select biological agent or toxin under part 73 6 requests for committees to meet dur- the desk, and I ask for their first read- of title 42, Code of Federal Regulations, pur- ing today’s session of the Senate. They ing en bloc. suant to section 351A of the Public Health Service Act (42 U.S.C. 262a); and have the approval of the Majority and The PRESIDING OFFICER. The clerk will read the titles of the bills for ‘‘(B) is not excluded or exempted under Minority leaders. part 73 of title 42, Code of Federal Regula- Pursuant to rule XXVI, paragraph the first time. The senior assistant legislative clerk tions.’’; and 5(a), of the Standing Rules of the Sen- (B) by striking ‘‘(2) Whoever’’ and inserting read as follows: ate, the following committees are au- ‘‘(3) PENALTY.—Whoever’’ and adjusting the thorized to meet during today’s session A bill (H.R. 312) to reaffirm the Mashpee margin accordingly; and of the Senate: Wampanoag Tribe reservation, and for other (2) in subsection (d), in the matter pre- purposes. ceding paragraph (1), by inserting ‘‘DEFINI- COMMITTEE ON ENERGY AND NATURAL A bill (H.R. 2578) to reauthorize the Na- TIONS.—’’ before ‘‘In this section:’’. RESOURCES tional Flood Insurance Program, and for f The Committee on Energy and Nat- other purposes. ural Resources is authorized to meet Mr. MCCONNELL. I now ask for a PANDEMIC AND ALL-HAZARDS during the session of the Senate on second reading, and I object to my own PREPAREDNESS AND ADVANC- Thursday, May 16, 2019, at 10 a.m., to request all en bloc. ING INNOVATION ACT OF 2019 conduct a hearing. The PRESIDING OFFICER. Objec- Mr. MCCONNELL. Mr. President, I COMMITTEE ON FOREIGN RELATIONS tion is heard. The bills will be read for ask unanimous consent that the The Committee on Foreign Relations the second time on the next legislative Health, Education, Labor, and Pen- is authorized to meet during the ses- day. sions Committee be discharged from

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.027 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2930 CONGRESSIONAL RECORD — SENATE May 16, 2019 further consideration and the Senate Sec. 302. Health system infrastructure to ness goals described in subsection (b) to be proceed to the immediate consider- improve preparedness and re- prepared to identify and respond to such ation of S. 1379. sponse. threats and shall be consistent with the na- The PRESIDING OFFICER. The Sec. 303. Considerations for at-risk individ- tional preparedness goal (as described in sec- uals. tion 504(a)(19) of the Homeland Security Act clerk will report the bill by title. Sec. 304. Improving emergency preparedness of 2002), the National Incident Management The senior assistant legislative clerk and response considerations for System (as defined in section 501(7) of such read as follows: children. Act), and the National Response Plan devel- A bill (S. 1379) to reauthorize certain pro- Sec. 305. National advisory committees on oped pursuant to section 504 of such Act, or grams under the Public Policy Service Act disasters. any successor plan.’’; and the Federal Food, Drug, and Cosmetic Sec. 306. Guidance for participation in exer- (B) in paragraph (2), by inserting before the Act with respect to public health security cises and drills. period at the end of the second sentence the and all-hazards preparedness and response, TITLE IV—PRIORITIZING A THREAT- following: ‘‘, and an analysis of any changes and for other purposes. BASED APPROACH to the evidence-based benchmarks and objec- There being no objection, the com- Sec. 401. Assistant Secretary for Prepared- tive standards under sections 319C–1 and ness and Response. 319C–2’’; and mittee was discharged, and the Senate (C) in paragraph (3)— proceeded to consider the bill. Sec. 402. Public Health Emergency Medical Countermeasures Enterprise. (i) by striking ‘‘2009’’ and inserting ‘‘2022’’; Mr. MCCONNELL. I ask unanimous Sec. 403. Strategic National Stockpile. (ii) by inserting ‘‘(including gaps in the en- consent that the bill be considered read Sec. 404. Preparing for pandemic influenza, vironmental health and animal health a third time. antimicrobial resistance, and workforces, as applicable), describing the The PRESIDING OFFICER. Without other significant threats. status of such workforce’’ after ‘‘gaps in such objection, it is so ordered. Sec. 405. Reporting on the Federal Select workforce’’; The bill was ordered to be engrossed Agent Program. (iii) by striking ‘‘and identifying strate- gies’’ and inserting ‘‘identifying strategies’’; TITLE V—INCREASING COMMUNICATION for a third reading and was read the and IN MEDICAL COUNTERMEASURE AD- third time. (iv) by inserting before the period at the VANCED RESEARCH AND DEVELOP- Mr. MCCONNELL. I know of no fur- end ‘‘, and identifying current capabilities to MENT ther debate on the bill. meet the requirements of section 2803’’; and The PRESIDING OFFICER. Is there Sec. 501. Medical countermeasure budget (2) in subsection (b)— further debate? plan. (A) in paragraph (2)— Sec. 502. Material threat and medical coun- (i) in subparagraph (A), by striking ‘‘and Hearing no further debate, the ques- termeasure notifications. tion is, Shall the bill pass? investigation’’ and inserting ‘‘investigation, Sec. 503. Availability of regulatory manage- and related information technology activi- The bill (S. 1379) was passed, as fol- ment plans. ties’’; lows: Sec. 504. The Biomedical Advanced Research (ii) in subparagraph (B), by striking ‘‘and S. 1379 and Development Authority decontamination’’ and inserting ‘‘decon- and the BioShield Special Re- Be it enacted by the Senate and House of Rep- tamination, relevant health care services serve Fund. resentatives of the United States of America in and supplies, and transportation and disposal Sec. 505. Additional strategies for com- Congress assembled, of medical waste’’; and bating antibiotic resistance. (iii) by adding at the end the following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. TITLE VI—ADVANCING TECHNOLOGIES ‘‘(E) Response to environmental hazards.’’; (a) SHORT TITLE.—This Act may be cited as FOR MEDICAL COUNTERMEASURES (B) in paragraph (3)— the ‘‘Pandemic and All-Hazards Preparedness (i) in the matter preceding subparagraph and Advancing Innovation Act of 2019’’. Sec. 601. Administration of counter- (A), by striking ‘‘including mental health’’ (b) TABLE OF CONTENTS.—The table of con- measures. and inserting ‘‘including pharmacies, mental tents for this Act is as follows: Sec. 602. Updating definitions of other trans- actions. health facilities,’’; and Sec. 1. Short title; table of contents. Sec. 603. Medical countermeasure master (ii) in subparagraph (F), by inserting ‘‘or Sec. 2. References in Act. files. exposures to agents that could cause a public TITLE I—STRENGTHENING THE NA- Sec. 604. Animal rule report. health emergency’’ before the period; TIONAL HEALTH SECURITY STRATEGY Sec. 605. Review of the benefits of genomic (C) in paragraph (5), by inserting ‘‘and Sec. 101. National Health Security Strategy. engineering technologies and other applicable compacts’’ after ‘‘Com- pact’’; and TITLE II—IMPROVING PREPAREDNESS their potential role in national (D) by adding at the end the following: AND RESPONSE security. Sec. 606. Report on vaccines development. ‘‘(9) ZOONOTIC DISEASE, FOOD, AND AGRI- Sec. 201. Improving benchmarks and stand- Sec. 607. Strengthening mosquito abatement CULTURE.—Improving coordination among ards for preparedness and re- for safety and health. Federal, State, local, Tribal, and territorial sponse. entities (including through consultation Sec. 202. Amendments to preparedness and TITLE VII—MISCELLANEOUS PROVISIONS with the Secretary of Agriculture) to pre- response programs. vent, detect, and respond to outbreaks of Sec. 203. Regional health care emergency Sec. 701. Reauthorizations and extensions. plant or animal disease (including zoonotic preparedness and response sys- Sec. 702. Location of materials in the stock- disease) that could compromise national se- tems. pile. curity resulting from a deliberate attack, a Sec. 204. Military and civilian partnership Sec. 703. Cybersecurity. naturally occurring threat, the intentional for trauma readiness. Sec. 704. Strategy and report. adulteration of food, or other public health Sec. 205. Public health and health care sys- Sec. 705. Technical amendments. threats, taking into account interactions be- tem situational awareness and SEC. 2. REFERENCES IN ACT. tween animal health, human health, and ani- biosurveillance capabilities. Except as otherwise specified, amendments mals’ and humans’ shared environment as di- Sec. 206. Strengthening and supporting the made by this Act to a section or other provi- rectly related to public health emergency public health emergency rapid sion of law are amendments to such section preparedness and response capabilities, as response fund. or other provision of the Public Health Serv- applicable. Sec. 207. Improving all-hazards preparedness ice Act (42 U.S.C. 201 et seq.). ‘‘(10) GLOBAL HEALTH SECURITY.—Assessing and response by public health TITLE I—STRENGTHENING THE NATIONAL current or potential health security threats emergency volunteers. HEALTH SECURITY STRATEGY from abroad to inform domestic public Sec. 208. Clarifying State liability law for health preparedness and response capabili- volunteer health care profes- SEC. 101. NATIONAL HEALTH SECURITY STRAT- EGY. ties.’’. sionals. Section 2802 (42 U.S.C. 300hh–1) is amend- TITLE II—IMPROVING PREPAREDNESS Sec. 209. Report on adequate national blood ed— AND RESPONSE supply. (1) in subsection (a)— Sec. 210. Report on the public health pre- SEC. 201. IMPROVING BENCHMARKS AND STAND- (A) in paragraph (1)— paredness and response capa- ARDS FOR PREPAREDNESS AND RE- (i) by striking ‘‘2014’’ and inserting ‘‘2018’’; SPONSE. bilities and capacities of hos- and (a) EVALUATING MEASURABLE EVIDENCE- pitals, long-term care facilities, (ii) by striking the second sentence and in- BASED BENCHMARKS AND OBJECTIVE STAND- and other health care facilities. serting the following: ‘‘Such National Health ARDS.—Section 319C–1 (42 U.S.C. 247d–3a) is TITLE III—REACHING ALL COMMUNITIES Security Strategy shall describe potential amended by inserting after subsection (j) the Sec. 301. Strengthening and assessing the emergency health security threats and iden- following: emergency response workforce. tify the process for achieving the prepared- ‘‘(k) EVALUATION.—

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‘‘(1) IN GENERAL.—Not later than 2 years (1) IN GENERAL.—Section 319C–1(g) (42 awards pursuant to paragraph (3) (subject to after the date of enactment of the Pandemic U.S.C. 247d–3a(g)) is amended— the authority of the Secretary to make and All-Hazards Preparedness and Advancing (A) in paragraph (5)— awards pursuant to paragraphs (4) and (5)).’’. Innovation Act of 2019 and every 2 years (i) in the matter preceding subparagraph (e) PARTNERSHIP FOR STATE AND REGIONAL thereafter, the Secretary shall conduct an (A), by striking ‘‘Beginning with fiscal year HOSPITAL PREPAREDNESS AUTHORIZATION OF evaluation of the evidence-based benchmarks 2009’’ and inserting ‘‘Beginning with fiscal APPROPRIATIONS.—Section 319C–2(j) (42 U.S.C. and objective standards required under sub- year 2019’’; and 247d–3b(j)) is amended— section (g). Such evaluation shall be sub- (ii) in subparagraph (A)— (1) by amending paragraph (1) to read as mitted to the congressional committees of (I) by striking ‘‘for the immediately pre- follows: jurisdiction together with the National ceding fiscal year’’ and inserting ‘‘for either ‘‘(1) IN GENERAL.— Health Security Strategy under section 2802, of the 2 immediately preceding fiscal years’’; ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— at such time as such strategy is submitted. and For purposes of carrying out this section and ‘‘(2) CONTENT.—The evaluation under this (II) by striking ‘‘2008’’ and inserting ‘‘2018’’; section 319C–3, in accordance with subpara- paragraph shall include— and graph (B), there is authorized to be appro- ‘‘(A) a review of evidence-based bench- (B) in paragraph (6), by amending subpara- priated $385,000,000 for each of fiscal years marks and objective standards, and associ- graph (A) to read as follows: 2019 through 2023. ated metrics and targets; ‘‘(A) IN GENERAL.—The amounts described ‘‘(B) RESERVATION OF AMOUNTS FOR RE- ‘‘(B) a discussion of changes to any evi- in this paragraph are the following amounts GIONAL SYSTEMS.— dence-based benchmarks and objective that are payable to an entity for activities ‘‘(i) IN GENERAL.—Subject to clause (ii), of standards, and the effect of such changes on described in this section or section 319C–2: the amount appropriated under subpara- the ability to track whether entities are ‘‘(i) For no more than one of each of the graph (A) for a fiscal year, the Secretary meeting or making progress toward the goals first 2 fiscal years immediately following a may reserve up to 5 percent for the purpose under this section and, to the extent prac- fiscal year in which an entity experienced a of carrying out section 319C–3. ticable, the applicable goals of the National failure described in subparagraph (A) or (B) ‘‘(ii) RESERVATION CONTINGENT ON CONTIN- Health Security Strategy under section 2802; of paragraph (5), an amount equal to 10 per- UED APPROPRIATIONS FOR THIS SECTION.—If for ‘‘(C) a description of amounts received by cent of the amount the entity was eligible to fiscal year 2019 or a subsequent fiscal year, eligible entities described in subsection (b) receive for the respective fiscal year. the amount appropriated under subpara- and section 319C–2(b), and amounts received ‘‘(ii) For no more than one of the first 2 fis- graph (A) is such that, after application of by subrecipients and the effect of such fund- cal years immediately following the third clause (i), the amount remaining for the pur- ing on meeting evidence-based benchmarks consecutive fiscal year in which an entity pose of carrying out this section would be and objective standards; and experienced such a failure, in lieu of apply- less than the amount available for such pur- ‘‘(D) recommendations, as applicable and ing clause (i), an amount equal to 15 percent pose for the previous fiscal year, the amount appropriate, to improve evidence-based of the amount the entity was eligible to re- that may be reserved under clause (i) shall benchmarks and objective standards to more ceive for the respective fiscal year.’’. be reduced such that the amount remaining accurately assess the ability of entities re- (2) EFFECTIVE DATE.—The amendments for the purpose of carrying out this section ceiving awards under this section to better made by paragraph (1) shall apply with re- is not less than the amount available for achieve the goals under this section and sec- spect to cooperative agreements awarded on such purpose for the previous fiscal year. tion 2802.’’. or after the date of enactment of this Act. ‘‘(iii) SUNSET.—The authority to reserve (b) EVALUATING THE PARTNERSHIP FOR (c) PARTNERSHIP FOR STATE AND REGIONAL amounts under clause (i) shall expire on Sep- STATE AND REGIONAL HOSPITAL PREPARED- HOSPITAL PREPAREDNESS TO IMPROVE SURGE tember 30, 2023.’’; NESS.—Section 319C–2(i)(1) (42 U.S.C. 247– CAPACITY.—Section 319C–2 (42 U.S.C. 247d–3b) (2) in paragraph (2), by striking ‘‘paragraph 3b(i)(1)) is amended by striking ‘‘section is amended— (1) for a fiscal year’’ and inserting ‘‘para- 319C–1(g), (i), and (j)’’ and inserting ‘‘section (1) in subsection (a)— graph (1)(A) for a fiscal year and not reserved 319C–1(g), (i), (j), and (k)’’. (A) by inserting ‘‘, acting through the As- for the purpose described in paragraph SEC. 202. AMENDMENTS TO PREPAREDNESS AND sistant Secretary for Preparedness and Re- (1)(B)(i)’’; and RESPONSE PROGRAMS. sponse,’’ after ‘‘The Secretary’’; and (3) in paragraph (3)(A), by striking ‘‘para- (a) COOPERATIVE AGREEMENT APPLICATIONS (B) by striking ‘‘preparedness for public graph (1) and not reserved under paragraph FOR IMPROVING STATE AND LOCAL PUBLIC health emergencies’’ and inserting ‘‘pre- (2)’’ and inserting ‘‘paragraph (1)(A) and not HEALTH SECURITY.—Section 319C–1 (42 U.S.C. paredness for, and response to, public health reserved under paragraph (1)(B)(i) or (2)’’. 247d–3a) is amended— emergencies in accordance with subsection (1) in subsection (a), by inserting ‘‘, acting SEC. 203. REGIONAL HEALTH CARE EMERGENCY (c)’’; PREPAREDNESS AND RESPONSE through the Director of the Centers for Dis- (2) in subsection (b)(1)(A)— SYSTEMS. ease Control and Prevention,’’ after ‘‘the (A) by striking ‘‘partnership consisting of’’ (a) IN GENERAL.—Part B of title III (42 Secretary’’; and and inserting ‘‘coalition that includes’’; U.S.C. 243 et seq.) is amended by inserting (2) in subsection (b)(2)(A)— (B) in clause (ii), by striking ‘‘; and’’ and after section 319C–2 the following: (A) in clause (vi), by inserting ‘‘, including inserting a semicolon; and ‘‘SEC. 319C–3. GUIDELINES FOR REGIONAL public health agencies with specific expertise (C) by adding at the end the following: HEALTH CARE EMERGENCY PRE- that may be relevant to public health secu- ‘‘(iv) one or more emergency medical serv- PAREDNESS AND RESPONSE SYS- rity, such as environmental health agen- ice organizations or emergency management TEMS. cies,’’ after ‘‘stakeholders’’; organizations; and’’; ‘‘(a) PURPOSE.—It is the purpose of this (B) by redesignating clauses (vii) through (3) in subsection (d)— section to identify and provide guidelines for (ix) as clauses (viii) through (x); (A) in paragraph (1)(B), by striking ‘‘part- regional systems of hospitals, health care fa- (C) by inserting after clause (vi) the fol- nership’’ each place it appears and inserting cilities, and other public and private sector lowing: ‘‘coalition’’; and entities, with varying levels of capability to ‘‘(vii) a description of how, as applicable, (B) in paragraph (2)(C), by striking ‘‘med- treat patients and increase medical surge ca- such entity may integrate information to ac- ical preparedness’’ and inserting ‘‘prepared- pacity during, in advance of, and imme- count for individuals with behavioral health ness and response’’; diately following a public health emergency, needs following a public health emergency;’’; (4) in subsection (f), by striking ‘‘partner- including threats posed by one or more (D) in clause (ix), as so redesignated, by ship’’ and inserting ‘‘coalition’’; chemical, biological, radiological, or nuclear striking ‘‘; and’’ and inserting a semicolon; (5) in subsection (g)(2)— agents, including emerging infectious dis- and (A) by striking ‘‘Partnerships’’ and insert- eases. (E) by adding at the end the following: ing ‘‘Coalitions’’; ‘‘(b) GUIDELINES.—The Assistant Secretary ‘‘(xi) a description of how the entity will (B) by striking ‘‘partnerships’’ and insert- for Preparedness and Response, in consulta- partner with health care facilities, including ing ‘‘coalitions’’; and tion with the Director of the Centers for Dis- hospitals and nursing homes and other long- (C) by inserting ‘‘and response’’ after ‘‘pre- ease Control and Prevention, the Adminis- term care facilities, to promote and improve paredness’’; and trator of the Centers for Medicare & Med- public health preparedness and response; and (6) in subsection (i)(1)— icaid Services, the Administrator of the ‘‘(xii) a description of how, as appropriate (A) by striking ‘‘An entity’’ and inserting Health Resources and Services Administra- and practicable, the entity will include crit- ‘‘A coalition’’; and tion, the Commissioner of Food and Drugs, ical infrastructure partners, such as utility (B) by striking ‘‘such partnership’’ and in- the Assistant Secretary for Mental Health companies within the entity’s jurisdiction, serting ‘‘such coalition’’. and Substance Use, the Assistant Secretary in planning pursuant to this subparagraph to (d) PUBLIC HEALTH SECURITY GRANTS AU- of Labor for Occupational Safety and Health, help ensure that critical infrastructure will THORIZATION OF APPROPRIATIONS.—Section the Secretary of Veterans Affairs, the heads remain functioning during, or return to func- 319C–1(h)(1)(A) (42 U.S.C. 247d–3a(h)(1)(A)) is of such other Federal agencies as the Sec- tion as soon as practicable after, a public amended by striking ‘‘$641,900,000 for fiscal retary determines to be appropriate, and health emergency;’’. year 2014’’ and all that follows through the State, local, Tribal, and territorial public (b) EXCEPTION RELATING TO APPLICATION OF period at the end and inserting ‘‘$685,000,000 health officials, shall, not later than 2 years CERTAIN REQUIREMENTS.— for each of fiscal years 2019 through 2023 for after the date of enactment of this section—

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(c) ANNUAL REPORTS.—Section 319C–2(i)(1) ‘‘(ii) informing and educating appropriate ‘‘(d) TECHNICAL ASSISTANCE.—The Assist- (42 U.S.C. 247d–3b(i)(1)) is amended by insert- first responders and health care supply chain ant Secretary for Preparedness and Re- ing after the first sentence the following: ‘‘In partners of the regional emergency prepared- sponse, in consultation with the Director of submitting reports under this paragraph, a ness and response capabilities and medical the Centers for Disease Control and Preven- coalition shall include information on the surge capacity of such hospitals and health tion and the Assistant Secretary of Labor for progress that the coalition has made toward care facilities in the community; Occupational Safety and Health, may pro- the implementation of section 319C–3 (or bar- ‘‘(B) physical and technological infrastruc- vide technical assistance and consultation riers to progress, if any).’’. ture, laboratory capacity, staffing, blood toward meeting the guidelines described in (d) NATIONAL HEALTH SECURITY STRATEGY supply, and other supply chain needs, taking subsection (b). INCORPORATION OF REGIONALIZED EMERGENCY into account resiliency, geographic consider- ‘‘(e) DEMONSTRATION PROJECT FOR RE- PREPAREDNESS AND RESPONSE.—Subpara- ations, and rural considerations; GIONAL HEALTH CARE PREPAREDNESS AND RE- graph (G) of section 2802(b)(3) (42 U.S.C. ‘‘(C) protocols or best practices for the SPONSE SYSTEMS.— 300hh–1(b)(3)) is amended to read as follows: safety and personal protection of workers ‘‘(1) IN GENERAL.—The Assistant Secretary ‘‘(G) Optimizing a coordinated and flexible who handle human remains and health care for Preparedness and Response may establish approach to the emergency response and workers (including with respect to protective a demonstration project pursuant to the de- medical surge capacity of hospitals, other equipment and supplies, waste management velopment and implementation of guidelines health care facilities, critical care, trauma processes, and decontamination), sharing of under subsection (b) to award grants to im- care (which may include trauma centers), specialized experience among the health care prove medical surge capacity for all hazards, and emergency medical systems.’’. workforce, behavioral health, psychological build and integrate regional medical re- (e) IMPROVING STATE AND LOCAL PUBLIC resilience, and training of the workforce, as sponse capabilities, improve specialty care HEALTH SECURITY.— applicable; expertise for all-hazards response, and co- (1) STATE AND LOCAL SECURITY.—Section ‘‘(D) in a manner that allows for disease ordinate medical preparedness and response 319C–1(e) (42 U.S.C. 247d–3a(e)) is amended by containment (within the meaning of section across State, local, Tribal, territorial, and striking ‘‘, and local emergency plans.’’ and 2802(b)(2)(B)), coordinated medical triage, regional jurisdictions. inserting ‘‘, local emergency plans, and any treatment, and transportation of patients, ‘‘(2) SUNSET.—The authority under this regional health care emergency preparedness based on patient medical need (including pa- subsection shall expire on September 30, and response system established pursuant to tients in rural areas), to the appropriate hos- 2023.’’. the applicable guidelines under section 319C– pitals or health care facilities within the re- (b) GAO REPORT TO CONGRESS.— 3.’’. gional system or, as applicable and appro- (1) REPORT.—Not later than 3 years after (2) PARTNERSHIPS.—Section 319C–2(d)(1)(A) priate, between systems in different States the date of enactment of this Act, the Comp- (42 U.S.C. 247d–3b(d)(1)(A)) is amended— or regions; and troller General of the United States (referred (A) in clause (i), by striking ‘‘; and’’ and in- ‘‘(E) the needs of children and other at-risk to in this subsection as the ‘‘Comptroller serting ‘‘;’’; individuals; General’’) shall submit to the Committee on (B) by redesignating clause (ii) as clause ‘‘(2) make such guidelines available on the Health, Education, Labor, and Pensions and (iii); and internet website of the Department of Health the Committee on Finance of the Senate and (C) by inserting after clause (i) the fol- and Human Services in a manner that does the Committee on Energy and Commerce and lowing: not compromise national security; and the Committee on Ways and Means of the ‘‘(ii) among one or more facilities in a re- ‘‘(3) update such guidelines as appropriate, House of Representatives, a report on the ex- gional health care emergency system under including based on input received pursuant tent to which hospitals and health care fa- section 319C–3; and’’. to subsections (c) and (e) and information re- cilities have implemented the recommended SEC. 204. MILITARY AND CIVILIAN PARTNERSHIP sulting from applicable reports required guidelines under section 319C–3(b) of the Pub- FOR TRAUMA READINESS. under the Pandemic and All-Hazards Pre- lic Health Service Act (as added by sub- Title XII (42 U.S.C. 300d et seq.) is amended paredness and Advancing Innovation Act of section (a)), including an analysis and eval- by adding at the end the following new part: 2019 (including any amendments made by uation of any challenges hospitals or health ‘‘PART I—MILITARY AND CIVILIAN PART- such Act), to address new and emerging pub- care facilities experienced in implementing NERSHIP FOR TRAUMA READINESS lic health threats. such guidelines. GRANT PROGRAM ‘‘(c) CONSIDERATIONS.—In identifying, de- (2) CONTENT.—The Comptroller General ‘‘SEC. 1291. MILITARY AND CIVILIAN PARTNER- veloping, and updating guidelines under sub- shall include in the report under paragraph SHIP FOR TRAUMA READINESS section (b), the Assistant Secretary for Pre- (1)— GRANT PROGRAM. paredness and Response shall— (A) data on the preparedness and response ‘‘(a) MILITARY TRAUMA TEAM PLACEMENT ‘‘(1) include input from hospitals and capabilities that have been informed by the PROGRAM.— health care facilities (including health care guidelines under section 319C–3(b) of the Pub- ‘‘(1) IN GENERAL.—The Secretary, acting coalitions under section 319C–2), State, local, lic Health Service Act to improve regional through the Assistant Secretary for Pre- Tribal, and territorial public health depart- emergency health care preparedness and re- paredness and Response and in consultation ments, and health care or subject matter ex- sponse capability, including hospital and with the Secretary of Defense, shall award perts (including experts with relevant exper- health care facility capacity and medical grants to not more than 20 eligible high-acu- tise in chemical, biological, radiological, or surge capabilities to prepare for, and respond ity trauma centers to enable military trau- nuclear threats, including emerging infec- to, public health emergencies; and ma teams to provide, on a full-time basis, tious diseases), as the Assistant Secretary (B) recommendations to reduce gaps in in- trauma care and related acute care at such determines appropriate, to meet the goals centives for regional health partners, includ- trauma centers. under section 2802(b)(3); ing hospitals and health care facilities, to ‘‘(2) LIMITATIONS.—In the case of a grant ‘‘(2) consult and engage with appropriate improve capacity and medical surge capabili- awarded under paragraph (1) to an eligible health care providers and professionals, in- ties to prepare for, and respond to, public high-acuity trauma center, such grant— cluding physicians, nurses, first responders, health emergencies, consistent with sub- ‘‘(A) shall be for a period of at least 3 years health care facilities (including hospitals, section (a), which may include consideration and not more than 5 years (and may be re- primary care clinics, community health cen- of facilities participating in programs under newed at the end of such period); and

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‘‘(B) shall be in an amount that does not ‘‘(E) any other information required by the ‘‘(3) MAJOR TRAUMA.—The term ‘major exceed $1,000,000 per year. Secretaries for the purpose of evaluating the trauma’ means an injury that is greater than ‘‘(3) AVAILABILITY OF FUNDS.—Notwith- effect of such grant. or equal to 15 on the injury severity score. standing section 1552 of title 31, United ‘‘(2) REPORT TO CONGRESS.—Not less than ‘‘(4) MILITARY TRAUMA TEAM.—The term States Code, or any other provision of law, once every 2 years, the Secretary, in con- ‘military trauma team’ means a complete funds available to the Secretary for obliga- sultation with the Secretary of Defense, military trauma team consisting of military tion for a grant under this subsection shall shall submit a report to the congressional trauma care providers. remain available for expenditure for 100 days committees of jurisdiction that includes in- ‘‘(5) MILITARY TRAUMA CARE PROVIDER.— after the last day of the performance period formation on the effect of placing military The term ‘military trauma care provider’ of such grant. trauma care providers in trauma centers means a member of the Armed Forces who ‘‘(b) MILITARY TRAUMA CARE PROVIDER awarded grants under this section on— furnishes emergency, critical care, and other PLACEMENT PROGRAM.— ‘‘(A) maintaining military trauma care trauma acute care services (including a phy- ‘‘(1) IN GENERAL.—The Secretary, acting providers’ readiness and ability to respond to sician, surgeon, physician assistant, nurse, through the Assistant Secretary for Pre- and treat battlefield injuries; nurse practitioner, respiratory therapist, paredness and Response and in consultation ‘‘(B) providing health care to civilian trau- flight paramedic, combat medic, or enlisted with the Secretary of Defense, shall award ma patients in urban and rural settings; medical technician) or other military trau- grants to eligible trauma centers to enable ‘‘(C) the capability of trauma centers and ma care provider as the Secretary deter- military trauma care providers to provide military trauma care providers to increase mines appropriate. trauma care and related acute care at such medical surge capacity, including as a result ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— trauma centers. of a large-scale event; To carry out this section, there is authorized ‘‘(2) LIMITATIONS.—In the case of a grant ‘‘(D) the ability of grant recipients to to be appropriated $11,500,000 for each of fis- awarded under paragraph (1) to an eligible maintain the integration of the military cal years 2019 through 2023.’’. trauma center, such grant— trauma providers or teams of providers as SEC. 205. PUBLIC HEALTH AND HEALTH CARE ‘‘(A) shall be for a period of at least 1 year part of the trauma center; SYSTEM SITUATIONAL AWARENESS AND BIOSURVEILLANCE CAPABILI- and not more than 3 years (and may be re- ‘‘(E) efforts to incorporate military trauma newed at the end of such period); and TIES. care providers into operational exercises and (a) FACILITIES, CAPACITIES, AND BIO- ‘‘(B) shall be in an amount that does not training and drills for public health emer- exceed, in a year— SURVEILLANCE CAPABILITIES.—Section 319D gencies; and (42 U.S.C. 247d–4) is amended— ‘‘(i) $100,000 for each military trauma care ‘‘(F) the capability of military trauma care provider that is a physician at such eligible (1) in the section heading, by striking ‘‘RE- providers to participate as part of a medical VITALIZING’’ and inserting ‘‘FACILITIES AND CA- trauma center; and response during or in advance of a public ‘‘(ii) $50,000 for each other military trauma PACITIES OF’’; health emergency, as determined by the Sec- (2) in subsection (a)— care provider at such eligible trauma center. retary, or a mass casualty incident. ‘‘(c) GRANT REQUIREMENTS.— (A) in the subsection heading, by striking ‘‘(1) DEPLOYMENT AND PUBLIC HEALTH EMER- ‘‘(f) DEFINITIONS.—For purposes of this ‘‘FACILITIES; CAPACITIES’’ and inserting ‘‘IN GENCIES.—As a condition of receipt of a grant part: GENERAL’’; under this section, a grant recipient shall ‘‘(1) ELIGIBLE HIGH-ACUITY TRAUMA CEN- (B) in paragraph (1), by striking ‘‘and im- agree to allow military trauma care pro- TER.—The term ‘eligible high-acuity trauma proved’’ and inserting ‘‘, improved, and ap- viders providing care pursuant to such grant center’ means a Level I trauma center that propriately maintained’’; to— satisfies each of the following: (C) in paragraph (3), in the matter pre- ‘‘(A) be deployed by the Secretary of De- ‘‘(A) Such trauma center has an agreement ceding subparagraph (A), by striking ‘‘ex- fense for military operations, for training, or with the Secretary of Defense to enable mili- pand, enhance, and improve’’ and inserting for response to a mass casualty incident; and tary trauma teams to provide trauma care ‘‘expand, improve, enhance, and appro- ‘‘(B) be deployed by the Secretary of De- and related acute care at such trauma cen- priately maintain’’; and fense, in consultation with the Secretary of ter. (D) by adding at the end the following: Health and Human Services, for response to ‘‘(B) At least 20 percent of patients treated ‘‘(4) STUDY OF RESOURCES FOR FACILITIES a public health emergency pursuant to sec- at such trauma center in the most recent 3- AND CAPACITIES.—Not later than June 1, 2022, tion 319. month period for which data are available the Comptroller General of the United States ‘‘(2) USE OF FUNDS.—Grants awarded under are treated for a major trauma at such trau- shall conduct a study on Federal spending in this section to an eligible trauma center ma center. fiscal years 2013 through 2018 for activities may be used to train and incorporate mili- ‘‘(C) Such trauma center utilizes a risk-ad- authorized under this subsection. Such study tary trauma care providers into such trauma justed benchmarking system and metrics to shall include a review and assessment of ob- center, including incorporation into oper- measure performance, quality, and patient ligations and expenditures directly related ational exercises and training drills related outcomes. to each activity under paragraphs (2) and (3), to public health emergencies, expenditures ‘‘(D) Such trauma center is an academic including a specific accounting of, and delin- for malpractice insurance, office space, in- training center— eation between, obligations and expenditures formation technology, specialty education ‘‘(i) affiliated with a medical school; incurred for the construction, renovation, and supervision, trauma programs, research, ‘‘(ii) that maintains residency programs equipping, and security upgrades of facilities and applicable license fees for such military and fellowships in critical trauma specialties and associated contracts under this sub- trauma care providers. and subspecialties, and provides education section, and the obligations and expenditures ‘‘(d) RULE OF CONSTRUCTION.—Nothing in and supervision of military trauma team incurred to establish and improve the situa- this section shall be construed to affect any members according to those specialties and tional awareness and biosurveillance net- other provision of law that preempts State subspecialties; and work under subsection (b), and shall identify licensing requirements for health care pro- ‘‘(iii) that undertakes research in the pre- the agency or agencies incurring such obliga- fessionals, including with respect to military vention and treatment of traumatic injury. tions and expenditures.’’; trauma care providers. ‘‘(E) Such trauma center serves as a med- (3) in subsection (b)— ‘‘(e) REPORTING REQUIREMENTS.— ical and public health preparedness and re- (A) in the subsection heading, by striking ‘‘(1) REPORT TO THE SECRETARY AND THE sponse leader for its community, such as by ‘‘NATIONAL’’ and inserting ‘‘ESTABLISHMENT SECRETARY OF DEFENSE.—Each eligible trau- participating in a partnership for State and OF SYSTEMS OF PUBLIC HEALTH’’; ma center or eligible high-acuity trauma regional hospital preparedness established (B) in paragraph (1)(B), by inserting ‘‘im- center awarded a grant under subsection (a) under section 319C–2 or 319C–3. munization information systems,’’ after or (b) for a year shall submit to the Sec- ‘‘(2) ELIGIBLE TRAUMA CENTER.—The term ‘‘centers,’’; retary and the Secretary of Defense a report ‘eligible trauma center’ means a Level I, II, (C) in paragraph (2)— for such year that includes information on— or III trauma center that satisfies each of (i) by inserting ‘‘develop a plan to, and’’ ‘‘(A) the number and types of trauma cases the following: after ‘‘The Secretary shall’’; and managed by military trauma teams or mili- ‘‘(A) Such trauma center has an agreement (ii) by inserting ‘‘and in a form readily usa- tary trauma care providers pursuant to such with the Secretary of Defense to enable mili- ble for analytical approaches’’ after ‘‘in a se- grant during such year; tary trauma care providers to provide trau- cure manner’’; and ‘‘(B) the ability to maintain the integra- ma care and related acute care at such trau- (D) by amending paragraph (3) to read as tion of the military trauma providers or ma center. follows: teams of providers as part of the trauma cen- ‘‘(B) Such trauma center utilizes a risk-ad- ‘‘(3) STANDARDS.— ter, including the financial effect of such justed benchmarking system and metrics to ‘‘(A) IN GENERAL.—Not later than 1 year grant on the trauma center; measure performance, quality, and patient after the date of the enactment of the Pan- ‘‘(C) the educational effect on resident outcomes. demic and All-Hazards Preparedness and Ad- trainees in centers where military trauma ‘‘(C) Such trauma center demonstrates a vancing Innovation Act of 2019, the Sec- teams are assigned; need for integrated military trauma care retary, in cooperation with health care pro- ‘‘(D) any research conducted during such providers to maintain or improve the trauma viders, State, local, Tribal, and territorial year supported by such grant; and clinical capability of such trauma center. public health officials, and relevant Federal

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agencies (including the Office of the Na- (D) in paragraph (5)— ‘‘(A) IN GENERAL.—Not later than 18 tional Coordinator for Health Information (i) by redesignating subparagraphs (A) months after the date of enactment of the Technology and the National Institute of through (D) as clauses (i) through (iv), re- Pandemic and All-Hazards Preparedness and Standards and Technology), shall, as nec- spectively, and adjusting the margins ac- Advancing Innovation Act of 2019, the Sec- essary, adopt technical and reporting stand- cordingly; retary shall submit to the congressional ards, including standards for interoperability (ii) by striking ‘‘In establishing’’ and in- committees of jurisdiction a coordinated as defined by section 3000, for networks serting the following: strategy and an accompanying implementa- under paragraph (1) and update such stand- ‘‘(A) IN GENERAL.—In establishing’’; tion plan that— ards as necessary. Such standards shall be (iii) by adding at the end the following: ‘‘(i) is informed by the public meeting made available on the internet website of the ‘‘(B) PUBLIC MEETING.— under paragraph (5)(B); Department of Health and Human Services, ‘‘(i) IN GENERAL.—Not later than 180 days ‘‘(ii) includes a review and assessment of in a manner that does not compromise na- after the date of enactment of the Pandemic existing capabilities of the network and re- tional security. and All-Hazards Preparedness and Advancing lated infrastructure, including input pro- ‘‘(B) DEFERENCE TO STANDARDS DEVELOP- Innovation Act of 2019, the Secretary shall vided by the public meeting under paragraph MENT ORGANIZATIONS.—In adopting and im- convene a public meeting for purposes of dis- (5)(B); plementing standards under this subsection cussing and providing input on the potential ‘‘(iii) identifies and demonstrates the and subsection (c), the Secretary shall give goals, functions, and uses of the network de- measurable steps the Secretary will carry deference to standards published by stand- scribed in paragraph (1) and incorporating out to— ards development organizations and vol- ‘‘(I) develop, implement, and evaluate the the elements described in paragraph (3)(A). untary consensus-based standards entities.’’; network described in paragraph (1), utilizing ‘‘(ii) EXPERTS.—The public meeting shall (4) in subsection (c)— elements described in paragraph (3)(A); include representatives of relevant Federal (A) in paragraph (1)— ‘‘(II) modernize and enhance biosurveil- agencies (including representatives from the (i) by striking ‘‘Not later than 2 years after lance activities, including strategies to in- Office of the National Coordinator for Health the date of enactment of the Pandemic and clude innovative technologies and analytical Information Technology and the National In- All-Hazards Preparedness Reauthorization approaches (including prediction and fore- stitute of Standards and Technology); State, Act of 2013, the Secretary’’ and inserting casting for pandemics and all-hazards) from ‘‘The Secretary’’; local, Tribal, and territorial public health of- public and private entities; (ii) by inserting ‘‘, and improve as applica- ficials; stakeholders with expertise in bio- ‘‘(III) improve information sharing, coordi- ble and appropriate,’’ after ‘‘shall establish’’; surveillance and situational awareness; nation, and communication among disparate (iii) by striking ‘‘of rapid’’ and inserting stakeholders with expertise in capabilities biosurveillance systems supported by the De- ‘‘of, rapid’’; and relevant to biosurveillance and situational partment of Health and Human Services, in- (iv) by striking ‘‘such connectivity’’ and awareness, such as experts in informatics cluding the identification of methods to im- inserting ‘‘such interoperability’’; and data analytics (including experts in pre- prove accountability, better utilize resources (B) by amending paragraph (2) to read as diction, modeling, or forecasting); and other and workforce capabilities, and incorporate follows: representatives as the Secretary determines innovative technologies within and across ‘‘(2) COORDINATION AND CONSULTATION.—In appropriate. agencies; and establishing and improving the network ‘‘(iii) TOPICS.—Such public meeting shall ‘‘(IV) test and evaluate capabilities of the under paragraph (1), the Secretary shall— include a discussion of— interoperable network of systems to improve ‘‘(A) facilitate coordination among agen- ‘‘(I) data elements, including minimal or situational awareness and biosurveillance cies within the Department of Health and essential data elements, that are voluntarily capabilities; Human Services that provide, or have the po- provided for such network, which may in- ‘‘(iv) includes performance measures and tential to provide, information and data to, clude elements from public health and public the metrics by which performance measures and analyses for, the situational awareness and private health care entities, to the ex- will be assessed with respect to the measur- and biosurveillance network under para- tent practicable; able steps under clause (iii); and graph (1), including coordination among rel- ‘‘(II) standards and implementation speci- ‘‘(v) establishes dates by which each meas- evant agencies related to health care serv- fications that may improve the collection, urable step under clause (iii) will be imple- ices, the facilitation of health information analysis, and interpretation of data during a mented. exchange (including the Office of the Na- public health emergency; ‘‘(B) ANNUAL BUDGET PLAN.—Not later than tional Coordinator for Health Information ‘‘(III) strategies to encourage the access, 2 years after the date of enactment of the Technology), and public health emergency exchange, and use of information; Pandemic and All-Hazards Preparedness and preparedness and response; and ‘‘(IV) considerations for State, local, Trib- Advancing Innovation Act of 2019 and on an ‘‘(B) consult with the Secretary of Agri- al, and territorial capabilities and infra- annual basis thereafter, in accordance with culture, the Secretary of Commerce (and the structure related to data exchange and inter- the strategy and implementation plan under Director of the National Institute of Stand- operability; this paragraph, the Secretary shall, taking ards and Technology), the Secretary of De- ‘‘(V) privacy and security protections pro- into account recommendations provided by fense, the Secretary of Homeland Security, vided at the Federal, State, local, Tribal, and the National Biodefense Science Board, de- the Secretary of Veterans Affairs, and the territorial levels, and by nongovernmental velop a budget plan based on the strategy heads of other Federal agencies, as the Sec- stakeholders; and and implementation plan under this section. retary determines appropriate.’’; ‘‘(VI) opportunities for the incorporation Such budget plan shall include— (C) in paragraph (3)— of innovative technologies to improve the ‘‘(i) a summary of resources previously ex- (i) by redesignating subparagraphs (A) network.’’; and pended to establish, improve, and utilize the through (E) as clauses (i) through (v), respec- (iv) in subparagraph (A), as so designated nationwide public health situational aware- tively, and adjusting the margins accord- by clause (ii)— ness and biosurveillance network under para- ingly; (I) in clause (i), as so redesignated— graph (1); (ii) in clause (iv), as so redesignated— (aa) by striking ‘‘as determined’’ and in- ‘‘(ii) estimates of costs and resources need- (I) by inserting ‘‘immunization informa- serting ‘‘as adopted’’; and ed to establish and improve the network tion systems,’’ after ‘‘poison control,’’; and (bb) by inserting ‘‘and the National Insti- under paragraph (1) according to the strat- (II) by striking ‘‘and clinical laboratories’’ tute of Standards and Technology’’ after egy and implementation plan under subpara- and inserting ‘‘, clinical laboratories, and ‘‘Office of the National Coordinator for graph (A); public environmental health agencies’’; Health Information Technology’’; ‘‘(iii) the identification of gaps and ineffi- (iii) by striking ‘‘The network’’ and insert- (II) in clause (iii), as so redesignated, by ciencies in nationwide public health situa- ing the following: striking ‘‘; and’’ and inserting a semicolon; tional awareness and biosurveillance capa- ‘‘(A) IN GENERAL.—The network’’; and (III) in clause (iv), as so redesignated, by bilities, resources, and authorities needed to (iv) by adding at the end the following: striking the period and inserting ‘‘; and’’; address such gaps; and ‘‘(B) REVIEW.—Not later than 2 years after and ‘‘(iv) a strategy to minimize and address the date of the enactment of the Pandemic (IV) by adding at the end the following: such gaps and improve inefficiencies.’’; and All-Hazards Preparedness and Advancing ‘‘(v) pilot test standards and implementa- (G) in paragraph (7), as so redesignated— Innovation Act of 2019 and every 6 years tion specifications, consistent with the proc- (i) in subparagraph (A), by inserting ‘‘(tak- thereafter, the Secretary shall conduct a re- ess described in section 3002(b)(3)(C), which ing into account zoonotic disease, including view of the elements described in subpara- State, local, Tribal, and territorial public gaps in scientific understanding of the inter- graph (A). Such review shall include a dis- health entities may utilize, on a voluntary actions between human, animal, and envi- cussion of the addition of any elements pur- basis, as a part of the network.’’; ronmental health)’’ after ‘‘human health’’; suant to clause (v), including elements added (E) by redesignating paragraph (6) as para- (ii) in subparagraph (B)— to advancing new technologies, and identify graph (7); (I) by inserting ‘‘and gaps in surveillance any challenges in the incorporation of ele- (F) by inserting after paragraph (5) the fol- programs’’ after ‘‘surveillance programs’’; ments under subparagraph (A). The Sec- lowing: and retary shall provide such review to the con- ‘‘(6) STRATEGY AND IMPLEMENTATION (II) by striking ‘‘; and’’ and inserting a gressional committees of jurisdiction.’’; PLAN.— semicolon;

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.050 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2935 (iii) in subparagraph (C)— urable steps identified under subsection tion with public health surveillance systems; (I) by inserting ‘‘, animal health organiza- (c)(6)(A)(iii). and tions related to zoonotic disease,’’ after ‘‘(h) INDEPENDENT EVALUATION.—Not later (E) a coordinated environmental remedi- ‘‘health care entities’’; and than 3 years after the date of enactment of ation plan, as applicable. (II) by striking the period and inserting ‘‘; the Pandemic and All-Hazards Preparedness (6) Recommendations related to research, and’’; and and Advancing Innovation Act of 2019, the advanced research, development, and pro- (iv) by adding at the end the following: Comptroller General of the United States curement for Federal departments and agen- ‘‘(D) provide recommendations to the Sec- shall conduct an independent evaluation and cies to improve and enhance biological retary on policies and procedures to com- submit to the Secretary and the congres- threat detection systems, including rec- plete the steps described in this paragraph in sional committees of jurisdiction a report ommendations on the transfer of biological a manner that is consistent with section concerning the activities conducted under threat detection technology among Federal 2802.’’; and subsections (b) and (c), and provide rec- departments and agencies, as necessary and (H) by adding at the end the following: ommendations, as applicable and appro- appropriate. ‘‘(8) SITUATIONAL AWARENESS AND BIO- priate, on necessary improvements to the SEC. 206. STRENGTHENING AND SUPPORTING SURVEILLANCE AS A NATIONAL SECURITY PRI- biosurveillance and situational awareness THE PUBLIC HEALTH EMERGENCY RAPID RESPONSE FUND. ORITY.—The Secretary, on a periodic basis as network.’’. applicable and appropriate, shall meet with (b) AUTHORIZATION OF APPROPRIATIONS.— Section 319 (42 U.S.C. 247d) is amended— the Director of National Intelligence to in- Subsection (i) of section 319D (42 U.S.C. 247d– (1) in subsection (b)— form the development and capabilities of the 4), as redesignated by subsection (a)(6), is (A) in paragraph (1)— nationwide public health situational aware- amended by striking ‘‘$138,300,000 for each of (i) in the first sentence, by inserting ‘‘or if fiscal years 2014 through 2018’’ and inserting ness and biosurveillance network.’’; the Secretary determines there is the signifi- ‘‘$161,800,000 for each of fiscal years 2019 cant potential for a public health emer- (5) in subsection (d)— through 2023’’. gency, to allow the Secretary to rapidly re- (A) in paragraph (1)— (c) BIOLOGICAL THREAT DETECTION RE- spond to the immediate needs resulting from (i) by inserting ‘‘environmental health PORT.—The Secretary of Health and Human such public health emergency or potential agencies,’’ after ‘‘public health agencies,’’; Services shall, in coordination with the Sec- public health emergency’’ before the period; and retary of Defense and the Secretary of Home- and (ii) by inserting ‘‘immunization pro- land Security, not later than 180 days after (ii) by inserting ‘‘The Secretary shall plan grams,’’ after ‘‘poison control centers,’’; the date of enactment of this Act, report to for the expedited distribution of funds to ap- (B) in paragraph (2)— the Committee on Energy and Commerce, propriate agencies and entities.’’ after the (i) in subparagraph (B), by striking ‘‘and’’ the Committee on Armed Services, and the first sentence; at the end; Committee on Homeland Security of the (B) by redesignating paragraph (2) as para- (ii) in subparagraph (C), by striking the pe- House of Representatives and the Committee graph (3); riod and inserting ‘‘; and’’; and on Health, Education, Labor, and Pensions, (C) by inserting after paragraph (1) the fol- (iii) by adding after subparagraph (C) the the Committee on Armed Services, and the lowing: following: Committee on Homeland Security and Gov- ‘‘(2) USES.—The Secretary may use ‘‘(D) an implementation plan that may in- ernmental Affairs of the Senate on the state amounts in the Fund established under para- clude measurable steps to achieve the pur- of Federal biological threat detection ef- graph (1), to— poses described in paragraph (1).’’; and forts, including the following: ‘‘(A) facilitate coordination between and (C) by striking paragraph (5) and inserting (1) An identification of technological, oper- among Federal, State, local, Tribal, and ter- the following: ational, and programmatic successes and ritorial entities and public and private ‘‘(5) TECHNICAL ASSISTANCE.—The Secretary failures of domestic detection programs sup- health care entities that the Secretary de- may provide technical assistance to States, ported by Federal departments and agencies termines may be affected by a public health localities, Tribes, and territories or a consor- for intentionally introduced or accidentally emergency or potential public health emer- tium of States, localities, Tribes, and terri- released biological threat agents and natu- gency referred to in paragraph (1) (including tories receiving an award under this sub- rally occurring infectious diseases. communication of such entities with rel- section regarding interoperability and the (2) A description of Federal efforts to fa- evant international entities, as applicable); technical standards set forth by the Sec- cilitate the exchange of information related ‘‘(B) make grants, provide for awards, retary.’’; to the information described in paragraph (1) enter into contracts, and conduct supportive (6) by redesignating subsections (f) and (g) among Federal departments and agencies investigations pertaining to a public health as subsections (i) and (j), respectively; and that utilize biological threat detection tech- emergency or potential public health emer- (7) by inserting after subsection (e) the fol- nology. gency, including further supporting pro- lowing: (3) A description of the capabilities of de- grams under section 319C–1, 319C–2, or 319C–3; ‘‘(f) PERSONNEL AUTHORITIES.— tection systems in use by Federal depart- ‘‘(C) facilitate and accelerate, as applica- ‘‘(1) SPECIALLY QUALIFIED PERSONNEL.—In ments and agencies including the capability ble, advanced research and development of addition to any other personnel authorities, to— security countermeasures (as defined in sec- to carry out subsections (b) and (c), the Sec- (A) rapidly detect, identify, characterize, tion 319F–2), qualified countermeasures (as retary may— and confirm the presence of biological threat defined in section 319F–1), or qualified pan- ‘‘(A) appoint highly qualified individuals agents; demic or epidemic products (as defined in to scientific or professional positions at the (B) recover live biological agents from col- section 319F–3), that are applicable to the Centers for Disease Control and Prevention, lection devices; public health emergency or potential public not to exceed 30 such employees at any time (C) determine the geographical distribu- health emergency under paragraph (1); (specific to positions authorized by this sub- tion of biological agents; ‘‘(D) strengthen biosurveillance capabili- section), with expertise in capabilities rel- (D) determine the extent of environmental ties and laboratory capacity to identify, col- evant to biosurveillance and situational contamination and persistence of biological lect, and analyze information regarding such awareness, such as experts in informatics agents; and public health emergency or potential public and data analytics (including experts in pre- (E) provide advanced molecular diagnostics health emergency, including the systems diction, modeling, or forecasting), and other to State, local, Tribal, and territorial public under section 319D; related scientific or technical fields; and health and other laboratories that support ‘‘(E) support initial emergency operations ‘‘(B) compensate individuals appointed biological threat detection activities. and assets related to preparation and deploy- under subparagraph (A) in the same manner (4) A description of Federal interagency co- ment of intermittent disaster response per- and subject to the same terms and condi- ordination related to biological threat detec- sonnel under section 2812 and the Medical tions in which individuals appointed under tion. Reserve Corps under section 2813; and 9903 of title 5, United States Code, are com- (5) A description of efforts by Federal de- ‘‘(F) carry out other activities, as the Sec- pensated, without regard to the provisions of partments and agencies that utilize biologi- retary determines applicable and appro- chapter 51 and subchapter III of chapter 53 of cal threat detection technology to collabo- priate.’’; and such title relating to classification and Gen- rate with State, local, Tribal, and territorial (D) by inserting after paragraph (3), as so eral Schedule pay rates. public health laboratories and other users of redesignated, the following: ‘‘(2) LIMITATIONS.—The Secretary shall ex- biological threat detection systems, includ- ‘‘(4) REVIEW.—Not later than 2 years after ercise the authority under paragraph (1) in a ing collaboration regarding the development the date of enactment of the Pandemic and manner that is consistent with the limita- of— All-Hazards Preparedness and Advancing In- tions described in section 319F–1(e)(2). (A) biological threat detection require- novation Act of 2019, the Secretary, in co- ‘‘(g) TIMELINE.—The Secretary shall ac- ments or standards; ordination with the Assistant Secretary for complish the purposes under subsections (b) (B) a standardized integration strategy; Preparedness and Response, shall conduct a and (c) no later than September 30, 2023, and (C) training requirements or guidelines; review of the Fund under this section and shall provide a justification to the congres- (D) guidelines for a coordinated public provide recommendations to the Committee sional committees of jurisdiction for any health response, including preparedness ca- on Health, Education, Labor, and Pensions missed or delayed implementation of meas- pabilities, and, as applicable, for coordina- and the Committee on Appropriations of the

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.050 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2936 CONGRESSIONAL RECORD — SENATE May 16, 2019 Senate and the Committee on Energy and SEC. 208. CLARIFYING STATE LIABILITY LAW FOR ‘‘(A) the diagnosis, prevention, or treat- Commerce and the Committee on Appropria- VOLUNTEER HEALTH CARE PROFES- ment of any human disease or impairment; tions of the House of Representatives on SIONALS. or (a) IN GENERAL.—Title II (42 U.S.C. 202 et policies to improve such Fund for the uses ‘‘(B) the assessment or care of the health seq.) is amended by inserting after section of human beings. described in paragraph (2). 224 the following: ‘‘(5) GAO REPORT.—Not later than 4 years ‘‘(e) EFFECTIVE DATE.— ‘‘SEC. 225. HEALTH CARE PROFESSIONALS AS- after the date of enactment of the Pandemic ‘‘(1) IN GENERAL.—This section shall take SISTING DURING A PUBLIC HEALTH effect 90 days after the date of the enactment and All-Hazards Preparedness and Advancing EMERGENCY. of the Pandemic and All-Hazards Prepared- Innovation Act of 2019, the Comptroller Gen- ‘‘(a) LIMITATION ON LIABILITY.—Notwith- eral of the United States shall— standing any other provision of law, a health ness and Advancing Innovation Act of 2019. ‘‘(2) APPLICATION.—This section shall apply ‘‘(A) conduct a review of the Fund under care professional who is a member of the to a claim for harm only if the act or omis- this section, including its uses and the re- Medical Reserve Corps under section 2813 or sion that caused such harm occurred on or sources available in the Fund; and who is included in the Emergency System for Advance Registration of Volunteer Health after the effective date described in para- ‘‘(B) submit to the Committee on Health, graph (1).’’. Education, Labor, and Pensions of the Sen- Professionals under section 319I and who— ‘‘(1) is responding— (b) GAO STUDY.—Not later than one year ate and the Committee on Energy and Com- after the date of enactment of this Act, the merce of the House of Representatives a re- ‘‘(A) to a public health emergency deter- mined under section 319(a), during the initial Comptroller General of the United States port on such review, including recommenda- period of not more than 90 days (as deter- shall conduct a review of— tions related to such review, as applicable.’’; mined by the Secretary) of the public health (1) the number of health care providers and emergency determination (excluding any pe- who register under the Emergency System (2) in subsection (c)— riod covered by a renewal of such determina- for Advance Registration of Volunteer (A) by inserting ‘‘rapidly respond to public tion); or Health Professionals under section 319I of health emergencies or potential public ‘‘(B) to a major disaster or an emergency the Public Health Service Act (42 U.S.C. health emergencies and’’ after ‘‘used to’’; as declared by the President under section 247d–7b) in advance to provide services dur- and 401 of the Robert T. Stafford Disaster Relief ing a public health emergency; (B) by striking ‘‘section.’’ and inserting and Emergency Assistance Act (42 U.S.C. (2) the number of health care providers ‘‘Act or funds otherwise provided for emer- 5170) or under section 201 of the National who are credentialed to provide services dur- gency response.’’. Emergencies Act (50 U.S.C. 1621) during the ing the period of a public health emergency initial period of such declaration; declaration, including those who are SEC. 207. IMPROVING ALL-HAZARDS PREPARED- ‘‘(2) is alleged to be liable for an act or credentialed though programs established in NESS AND RESPONSE BY PUBLIC omission— the Emergency System for Advance Reg- HEALTH EMERGENCY VOLUNTEERS. ‘‘(A) during the initial period of a deter- istration of Volunteer Health Professionals (a) IN GENERAL.—Section 319I (42 U.S.C. mination or declaration described in para- under such section 319I and those 247d–7b) is amended— graph (1) and related to the treatment of in- credentialed by authorities within the State (1) in the section heading, by striking dividuals in need of health care services due in which the emergency occurred; ‘‘HEALTH PROFESSIONS VOLUNTEERS’’ and in- to such public health emergency, major dis- (3) the average time to verify the creden- serting ‘‘VOLUNTEER HEALTH PROFESSIONAL’’; aster, or emergency; tials of a health care provider during the pe- (2) in subsection (a), by adding at the end ‘‘(B) in the State or States for which such riod of a public health emergency declara- the following: ‘‘Such health care profes- determination or declaration is made; tion, including the average time pursuant to sionals may include members of the National ‘‘(C) in the health care professional’s ca- the Emergency System for Advance Reg- Disaster Medical System, members of the pacity as a member of the Medical Reserve istration of Volunteer Health Professionals under such section 319I and for an individ- Medical Reserve Corps, and individual health Corps or a professional included in the Emer- gency System for Advance Registration of ual’s credentials to be verified by an author- care professionals.’’; Volunteer Health Professionals under sec- ity within the State; and (3) in subsection (i), by adding at the end tion 319I; and (4) the Emergency System for Advance the following: ‘‘In order to inform the devel- ‘‘(D) in the course of providing services Registration of Volunteer Health Profes- opment of such mechanisms by States, the that are within the scope of the license, reg- sionals program in States, including whether Secretary shall make available information istration, or certification of the professional, physician or medical groups, associations, or and material provided by States that have as defined by the State of licensure, registra- other relevant provider organizations utilize developed mechanisms to waive the applica- tion, or certification; and such program for purposes of volunteering tion of licensing requirements to applicable ‘‘(3) prior to the rendering of such act or during public health emergencies. health professionals seeking to provide med- omission, was authorized by the State’s au- SEC. 209. REPORT ON ADEQUATE NATIONAL ical services during a public health emer- thorization of deploying such State’s Emer- BLOOD SUPPLY. gency. Such information shall be made pub- gency System for Advance Registration of Not later than 1 year after the date of the licly available in a manner that does not Volunteer Health Professionals described in enactment of this Act, the Secretary of compromise national security.’’; and section 319I or the Medical Reserve Corps es- Health and Human Services shall submit to (4) in subsection (k), by striking ‘‘2014 tablished under section 2813, to provide Congress a report containing recommenda- through 2018’’ and inserting ‘‘2019 through health care services, tions related to maintaining an adequate na- 2023’’. shall be subject only to the State liability tional blood supply, including— (1) challenges associated with the contin- (b) ALL-HAZARDS PUBLIC HEALTH EMER- laws of the State in which such act or omis- sion occurred, in the same manner and to the uous recruitment of blood donors (including GENCY PREPAREDNESS AND RESPONSE PLAN.— same extent as a similar health care profes- those newly eligible to donate); Section 319C–1(b)(2)(A)(iv) (42 U.S.C. 247d– sional who is a resident of such State would (2) ensuring the adequacy of the blood sup- 3a(b)(2)(A)(iv)) is amended to read as follows: be subject to such State laws, except with re- ply in the case of public health emergencies; ‘‘(iv) a description of the mechanism the spect to the licensure, registration, and cer- (3) implementation of the transfusion entity will implement to utilize the Emer- tification of such individual. transmission monitoring system; and gency Management Assistance Compact, or ‘‘(b) VOLUNTEER PROTECTION ACT.—Nothing (4) other measures to promote safety and other mutual aid agreement, for medical and in this section shall be construed to affect an innovation, such as the development, use, or public health mutual aid, and, as appro- individual’s right to protections under the implementation of new technologies, proc- priate, the activities such entity will imple- Volunteer Protection Act of 1997. esses, and procedures to improve the safety ment pursuant to section 319I to improve en- ‘‘(c) PREEMPTION.—This section shall su- and reliability of the blood supply. persede the laws of any State that would rollment and coordination of volunteer SEC. 210. REPORT ON THE PUBLIC HEALTH PRE- subject a health care professional described health care professionals seeking to provide PAREDNESS AND RESPONSE CAPA- in subsection (a) to the liability laws of any medical services during a public health BILITIES AND CAPACITIES OF HOS- State other than the State liability laws to PITALS, LONG-TERM CARE FACILI- emergency, which may include— which such individual is subject pursuant to TIES, AND OTHER HEALTH CARE FA- ‘‘(I) providing a public method of commu- such subsection. CILITIES. nication for purposes of volunteer coordina- ‘‘(d) DEFINITIONS.—In this section: (a) STUDY.— tion (such as a phone number); ‘‘(1) The term ‘health care professional’ (1) IN GENERAL.—Not later than one year ‘‘(II) providing for optional registration to means an individual licensed, registered, or after the date of enactment of this Act, the participate in volunteer services during certified under Federal or State laws or reg- Secretary of Health and Human Services processes related to State medical licensing, ulations to provide health care services. shall enter into an agreement with an appro- registration, or certification or renewal of ‘‘(2) The term ‘health care services’ means priate entity to conduct a study regarding such licensing, registration, or certification; any services provided by a health care pro- the public health preparedness and response or fessional, or by any individual working capabilities and medical surge capacities of ‘‘(III) other mechanisms as the State deter- under the supervision of a health care profes- hospitals, long-term care facilities, and mines appropriate;’’. sional, that relate to— other health care facilities to prepare for,

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and respond to, public health emergencies, TITLE III—REACHING ALL COMMUNITIES ‘‘(B) SUNSET.—The authority under this including natural disasters. paragraph shall expire on September 30, (2) CONSULTATION.—In conducting the SEC. 301. STRENGTHENING AND ASSESSING THE 2021.’’. EMERGENCY RESPONSE WORK- study under paragraph (1), the entity shall (4) AUTHORIZATION OF APPROPRIATIONS.— FORCE. consult with Federal, State, local, Tribal, Section 2812(g) (42 U.S.C. 300hh–11(g)) is and territorial public health officials (as ap- (a) NATIONAL DISASTER MEDICAL SYSTEM.— amended by striking ‘‘$52,700,000 for each of propriate), and health care providers and fa- (1) STRENGTHENING THE NATIONAL DISASTER fiscal years 2014 through 2018’’ and inserting cilities with experience in public health pre- MEDICAL SYSTEM.—Clause (ii) of section ‘‘$57,400,000 for each of fiscal years 2019 paredness and response activities. 2812(a)(3)(A) (42 U.S.C. 300hh–11(a)(3)(A)) is through 2023’’. (3) EVALUATION.—The study under para- amended to read as follows: (b) VOLUNTEER MEDICAL RESERVE CORPS.— graph (1) shall include— ‘‘(ii) be present at locations, and for lim- (1) IN GENERAL.—Section 2813(a) (42 U.S.C. (A) an evaluation of the current bench- ited periods of time, specified by the Sec- 42 U.S.C. 300hh–15(a)) is amended by striking marks and objective standards, as applica- retary on the basis that the Secretary has the second sentence and inserting ‘‘The Sec- ble, related to programs that support hos- determined that a location is at risk of a retary may appoint a Director to head the pitals, long-term care facilities, and other public health emergency during the time Corps and oversee the activities of the Corps health care facilities, and their effect on im- specified, or there is a significant potential chapters that exist at the State, local, Trib- proving public health preparedness and re- for a public health emergency.’’. al, and territorial levels.’’. sponse capabilities and medical surge capac- (2) REVIEW OF THE NATIONAL DISASTER MED- (2) AUTHORIZATION OF APPROPRIATIONS.— ities, including the Hospital Preparedness ICAL SYSTEM.—Section 2812(b)(2) (42 U.S.C. Section 2813(i) (42 U.S.C. 300hh–15(i)) is Program, the Public Health Emergency Pre- 300hh–11(b)(2)) is amended to read as follows: amended by striking ‘‘2014 through 2018’’ and paredness cooperative agreements, and the ‘‘(2) JOINT REVIEW AND MEDICAL SURGE CA- inserting ‘‘2019 through 2023’’. Regional Health Care Emergency Prepared- PACITY STRATEGIC PLAN.— (c) STRENGTHENING THE EPIDEMIC INTEL- ness and Response Systems under section ‘‘(A) REVIEW.—Not later than 180 days after LIGENCE SERVICE.—Section 317F (42 U.S.C. 319C–3 of the Public Health Service Act (as the date of enactment of the Pandemic and Sec. 247b–7) is amended— added by section 203); All-Hazards Preparedness and Advancing In- (1) in subsection (a)— (B) the identification of gaps in prepared- novation Act of 2019, the Secretary, in co- (A) in paragraph (1)— ness, including with respect to such bench- ordination with the Secretary of Homeland (i) by inserting ‘‘or preparedness and re- marks and objective standards, such as those Security, the Secretary of Defense, and the sponse activities, including rapid response to identified during recent public health emer- Secretary of Veterans Affairs, shall conduct public health emergencies and significant gencies, for hospitals, long-term care facili- a joint review of the National Disaster Med- public health threats’’ after ‘‘conduct pre- ties, and other health care facilities to ad- ical System. Such review shall include— vention activities’’; and dress future potential public health threats; ‘‘(i) an evaluation of medical surge capac- (ii) by striking ‘‘$35,000’’ and inserting (C) an evaluation of coordination efforts ity, as described in section 2803(a); ‘‘$50,000’’; and between the recipients of Federal funding for ‘‘(ii) an assessment of the available work- (B) in paragraph (2)(B), by striking ‘‘3 programs described in subparagraph (A) and force of the intermittent disaster response years’’ and inserting ‘‘2 years’’; and entities with expertise in emergency power personnel described in subsection (c); (2) in subsection (c)— systems and other critical infrastructure ‘‘(iii) the capacity of the workforce de- (A) by striking ‘‘For the purpose of car- partners during a public health emergency, scribed in clause (ii) to respond to all haz- rying out this section’’ and inserting the fol- to ensure a functioning critical infrastruc- ards, including capacity to simultaneously lowing: ture, to the greatest extent practicable, dur- respond to multiple public health emer- ‘‘(1) IN GENERAL.—For the purpose of car- ing a public health emergency; gencies and the capacity to respond to a na- rying out this section, except as described in (D) an evaluation of coordination efforts tionwide public health emergency; paragraph (2)’’; and between the recipients of Federal funding for ‘‘(iv) the effectiveness of efforts to recruit, (B) by adding at the end the following: programs described in subparagraph (A) and retain, and train such workforce; and ‘‘(2) EPIDEMIC INTELLIGENCE SERVICE PRO- environmental health agencies with exper- ‘‘(v) gaps that may exist in such workforce GRAM.—For purposes of carrying out this sec- tise in emergency preparedness and response and recommendations for addressing such tion with respect to qualified health profes- planning for hospitals, long-term care facili- gaps. sionals serving in the Epidemic Intelligence ties, and other health care facilities; and ‘‘(B) UPDATES.—As part of the National Service, as authorized under section 317G, (E) an evaluation of current public health Health Security Strategy under section 2802, there is authorized to be appropriated preparedness and response capabilities and the Secretary shall update the findings from $1,000,000 for each of fiscal years 2019 through 2023.’’. medical surge capacities related to at-risk the review under subparagraph (A) and pro- individuals during public health emer- vide recommendations to modify the policies (d) SERVICE BENEFIT FOR NATIONAL DIS- gencies, including an identification of gaps of the National Disaster Medical System as ASTER MEDICAL SYSTEM VOLUNTEERS.— in such preparedness as they relate to such necessary.’’. (1) IN GENERAL.—Section 2812(c) (42 U.S.C. individuals. (3) NOTIFICATION OF SHORTAGE.—Section 300hh–11(c)), as amended by subsection (a)(3), 2812(c) (42 U.S.C. 300hh–11(c)) is amended by is further amended by adding at the end the (b) REPORT.— adding at the end the following: following: (1) IN GENERAL.—The agreement under sub- ‘‘(3) NOTIFICATION.—Not later than 30 days ‘‘(5) SERVICE BENEFIT.—Individuals ap- section (a) shall require the entity to submit after the date on which the Secretary deter- pointed to serve under this subsection shall to the Secretary of Health and Human Serv- mines the number of intermittent disaster- be considered eligible for benefits under part ices and the congressional committees of ju- response personnel of the National Disaster L of title I of the Omnibus Crime Control risdiction, not later than 3 years after the Medical System is insufficient to address a and Safe Streets Act of 1968. The Secretary date of enactment of this Act, a report on public health emergency or potential public shall provide notification to any eligible in- the results of the study conducted pursuant health emergency, the Secretary shall sub- dividual of any effect such designation may to this section. mit to the congressional committees of ju- have on other benefits for which such indi- (2) CONTENTS.—The report under paragraph risdiction a notification detailing— vidual is eligible, including benefits from (1) shall— ‘‘(A) the impact such shortage could have private entities.’’. (A) describe the findings and conclusions of on meeting public health needs and emer- (2) PUBLIC SAFETY OFFICER BENEFITS.—Sec- the evaluation conducted pursuant to sub- gency medical personnel needs during a pub- tion 1204(9) of title I of the Omnibus Crime section (a); and lic health emergency; and Control and Safe Streets Act of 1968 (34 (B) provide recommendations for improv- ‘‘(B) any identified measures to address U.S.C. 10284(9)) is amended— ing public health preparedness and response such shortage. (A) in subparagraph (C)(ii), by striking capability and medical surge capacity for ‘‘(4) CERTAIN APPOINTMENTS.— ‘‘or’’ at the end; hospitals, long-term care facilities, and ‘‘(A) IN GENERAL.—If the Secretary deter- (B) in subparagraph (D), by striking the pe- other health care facilities, including— mines that the number of intermittent dis- riod and inserting ‘‘; or’’; and (i) improving the existing benchmarks and aster response personnel within the National (C) by inserting after subparagraph (D) the objective standards for the Federal grant Disaster Medical System under this section following: programs described in subsection (a)(3)(A) or is insufficient to address a public health ‘‘(E) an individual appointed to the Na- developing new benchmarks and standards emergency or potential public health emer- tional Disaster Medical System under sec- for such programs; and gency, the Secretary may appoint candidates tion 2812 of the Public Health Service Act (42 (ii) identifying best practices for improv- directly to personnel positions for intermit- U.S.C. 300hh–11) who is performing official ing public health preparedness and response tent disaster response within such system. duties of the Department of Health and programs and medical surge capacity at hos- The Secretary shall provide updates on the Human Services, if those official duties are— pitals, long-term care facilities, and other number of vacant or unfilled positions with- ‘‘(i) related to responding to a public health care facilities, including rec- in such system to the congressional commit- health emergency or potential public health ommendations for the evaluation under sub- tees of jurisdiction each quarter for which emergency, or other activities for which the paragraphs (C) and (D) of subsection (a)(3). this authority is in effect. Secretary of Health and Human Services has

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.050 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2938 CONGRESSIONAL RECORD — SENATE May 16, 2019 activated such National Disaster Medical ods to exchange critical information and de- ‘‘SEC. 319D–1. CHILDREN’S PREPAREDNESS UNIT. System; and liver products consumed or used to preserve, ‘‘(a) ENHANCING EMERGENCY PREPAREDNESS ‘‘(ii) determined by the Secretary of Health protect, or sustain life, health, or safety, and FOR CHILDREN.—The Secretary, acting and Human Services to be hazardous.’’. sharing of specialized expertise.’’. through the Director of the Centers for Dis- (3) SUNSET.—The amendments made by (b) MANUFACTURING CAPACITY.—Section ease Control and Prevention (referred to in paragraphs (1) and (2) shall cease to have 2811(d)(2)(C) (42 U.S.C. 300hh–10(d)(2)(C)) is this subsection as the ‘Director’), shall main- force or effect on October 1, 2021. amended by inserting ‘‘, and ancillary med- tain an internal team of experts, to be (e) MISSION READINESS REPORT TO CON- ical supplies to assist with the utilization of known as the Children’s Preparedness Unit GRESS.— such countermeasures or products,’’ after (referred to in this subsection as the ‘Unit’), (1) REPORT.—Not later than one year after ‘‘products’’. to work collaboratively to provide guidance the date of enactment of this section, the (c) EVALUATION OF BARRIERS TO RAPID DE- on the considerations for, and the specific Comptroller General of the United States LIVERY OF MEDICAL COUNTERMEASURES.— needs of, children before, during, and after (referred to in this subsection as the ‘‘Comp- (1) RAPID DELIVERY STUDY.—The Assistant public health emergencies. The Unit shall in- troller General’’) shall submit to the Com- Secretary for Preparedness and Response form the Director regarding emergency pre- mittee on Health, Education, Labor, and may conduct a study on issues that have the paredness and response efforts pertaining to Pensions of the Senate and the Committee potential to adversely affect the handling children at the Centers for Disease Control on Energy and Commerce of the House of and rapid delivery of medical counter- and Prevention. Representatives, a report on the medical measures to individuals during public health ‘‘(b) EXPERTISE.—The team described in surge capacity of the United States in the emergencies occurring in the United States. subsection (a) shall include one or more pedi- event of a public health emergency, includ- (2) NOTICE TO CONGRESS.—Not later than 9 atricians, which may be a developmental-be- ing the capacity and capability of the cur- months after the date of the enactment of havioral pediatrician, and may also include rent health care workforce to prepare for, this Act, the Assistant Secretary for Pre- behavioral scientists, child psychologists, and respond to, the full range of public paredness and Response shall notify the epidemiologists, biostatisticians, health health emergencies or potential public Committee on Energy and Commerce of the communications staff, and individuals with health emergencies, and recommendations to House of Representatives and the Committee other areas of expertise, as the Secretary de- address any gaps identified in such work- on Health, Education, Labor, and Pensions of termines appropriate. ‘‘(c) DUTIES.—The team described in sub- force. the Senate if the Assistant Secretary for section (a) may— (2) CONTENTS.—The Comptroller General Preparedness and Response does not plan to ‘‘(1) assist State, local, Tribal, and terri- shall include in the report under paragraph conduct the study under paragraph (1) and torial emergency planning and response ac- (1)— shall provide such committees a summary tivities related to children, which may in- (A) the number of health care providers explanation for such decision. clude developing, identifying, and sharing who have volunteered to provide health care (3) REPORT TO CONGRESS.—Not later than 1 best practices; services during a public health emergency, year after the Assistant Secretary for Pre- ‘‘(2) provide technical assistance, training, including members of the National Disaster paredness and Response conducts the study and consultation to Federal, State, local, Medical System, the Disaster Medical As- under paragraph (1), such Assistant Sec- Tribal, and territorial public health officials sistant Teams, the Medical Reserve Corps, retary shall submit a report to the Com- to improve preparedness and response capa- and other volunteer health care professionals mittee on Energy and Commerce of the bilities with respect to the needs of children, in the verification network pursuant to sec- House of Representatives and the Committee including providing such technical assist- tion 319I of the Public Health Service Act (42 on Health, Education, Labor, and Pensions of ance, training, and consultation to eligible U.S.C. 247d–7b); the Senate containing the findings of such entities in order to support the achievement (B) the capacity of the workforce described study. of measurable evidence-based benchmarks in subparagraph (A) to respond to a public SEC. 303. CONSIDERATIONS FOR AT-RISK INDI- and objective standards applicable to sec- health emergency or potential public health VIDUALS. tions 319C–1 and 319C–2; emergency, including the capacity to re- (a) AT-RISK INDIVIDUALS IN THE NATIONAL ‘‘(3) improve the utilization of methods to spond to multiple concurrent public health HEALTH SECURITY STRATEGY.—Section incorporate the needs of children in planning emergencies and the capacity to respond to a 2802(b)(4)(B) (42 U.S.C. 300hh–1(b)(4)(B)) is for and responding to a public health emer- nationwide public health emergency; amended— gency, including public awareness of such (C) the preparedness and response capabili- (1) by striking ‘‘this section and sections methods; ties and mission readiness of the workforce 319C–1, 319F, and 319L,’’ and inserting ‘‘this ‘‘(4) coordinate with, and improve, public- described in subparagraph (A) taking into ac- Act,’’; and private partnerships, such as health care count areas of health care expertise and con- (2) by striking ‘‘special’’ and inserting ‘‘ac- coalitions pursuant to sections 319C–2 and siderations for at-risk individuals (as defined cess or functional’’. 319C–3, to address gaps and inefficiencies in in section 2802(b)(4)(B) of the Public Health (b) COUNTERMEASURE CONSIDERATIONS.— emergency preparedness and response efforts Service Act (42 U.S.C. 300hh–1(b)(4)(B))); Section 319L(c)(6) (42 U.S.C. 247d–7e(c)(6)) is for children; (D) an assessment of the effectiveness of amended— ‘‘(5) provide expertise and input during the efforts to recruit, retain, and train such (1) by striking ‘‘elderly’’ and inserting development of guidance and clinical rec- workforce; and ‘‘older adults’’; and ommendations to address the needs of chil- (E) identification of gaps that may exist in (2) by inserting ‘‘with relevant characteris- dren when preparing for, and responding to, such workforce and recommendations for ad- tics that warrant consideration during the public health emergencies, including pursu- dressing such gaps, the extent to which the process of researching and developing such ant to section 319C–3; and Assistant Secretary for Preparedness and countermeasures and products’’ before the ‘‘(6) carry out other duties related to pre- Response plans to address such gaps, and any period. paredness and response activities for chil- recommendations from the Comptroller Gen- (c) BIOSURVEILLANCE OF EMERGING PUBLIC dren, as the Secretary determines appro- eral to address such gaps. HEALTH THREATS.—Section 2814 is amended— (1) in paragraph (7), by striking ‘‘; and’’ and priate.’’. SEC. 302. HEALTH SYSTEM INFRASTRUCTURE TO SEC. 305. NATIONAL ADVISORY COMMITTEES ON IMPROVE PREPAREDNESS AND RE- inserting a semicolon; DISASTERS. SPONSE. (2) in paragraph (8), by striking the period (a) REAUTHORIZING THE NATIONAL ADVISORY (a) COORDINATION OF PREPAREDNESS.—Sec- and inserting ‘‘; and’’; and tion 2811(b)(5) (42 U.S.C. 300hh–10(b)(5)) is (3) by adding at the end the following: COMMITTEE ON CHILDREN AND DISASTERS.— amended by adding at the end the following: ‘‘(9) facilitate coordination to ensure that, Section 2811A (42 U.S.C. 300hh–10a) is amend- ‘‘Such logistical support shall include work- in implementing the situational awareness ed— ing with other relevant Federal, State, local, and biosurveillance network under section (1) in subsection (b)(2), by inserting ‘‘, men- Tribal, and territorial public health officials 319D, the Secretary considers incorporating tal and behavioral,’’ after ‘‘medical’’; and private sector entities to identify the data and information from Federal, State, (2) in subsection (d)— critical infrastructure assets, systems, and local, Tribal, and territorial public health of- (A) in paragraph (1), by striking ‘‘15’’ and networks needed for the proper functioning ficials and entities relevant to detecting inserting ‘‘25’’; and of the health care and public health sectors emerging public health threats that may af- (B) by striking paragraph (2) and inserting that need to be maintained through any fect at-risk individuals, such as pregnant and the following: emergency or disaster, including entities ca- postpartum women and infants, including ‘‘(2) REQUIRED NON-FEDERAL MEMBERS.—The pable of assisting with, responding to, and adverse health outcomes of such populations Secretary, in consultation with such other mitigating the effect of a public health related to such emerging public health heads of Federal agencies as may be appro- emergency, including a public health emer- threats.’’. priate, shall appoint to the Advisory Com- gency determined by the Secretary pursuant SEC. 304. IMPROVING EMERGENCY PREPARED- mittee under paragraph (1) at least 13 indi- to section 319(a) or an emergency or major NESS AND RESPONSE CONSIDER- viduals, including— disaster declared by the President under the ATIONS FOR CHILDREN. ‘‘(A) at least 2 non-Federal professionals Robert T. Stafford Disaster Relief and Emer- Part B of title III (42 U.S.C. 243 et seq.) is with expertise in pediatric medical disaster gency Assistance Act or the National Emer- amended by inserting after section 319D the planning, preparedness, response, or recov- gencies Act, including by establishing meth- following: ery;

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At least one meeting per year shall local, Tribal, or territorial agencies with ex- 2811D.’’; and be an in-person meeting. pertise in pediatric disaster planning, pre- (6) in subsection (g), as so redesignated, by ‘‘(f) COORDINATION.—The Secretary shall paredness, response, or recovery; striking ‘‘2018’’ and inserting ‘‘2023’’. coordinate duties and activities authorized ‘‘(C) at least 4 members representing (b) AUTHORIZING THE NATIONAL ADVISORY under this section in accordance with section health care professionals, which may include COMMITTEE ON SENIORS AND DISASTERS.—Sub- 2811D. members with expertise in pediatric emer- title B of title XXVIII (42 U.S.C. 300hh et ‘‘(g) SUNSET.— gency medicine; pediatric trauma, critical seq.) is amended by inserting after section ‘‘(1) IN GENERAL.—The Advisory Committee care, or surgery; the treatment of pediatric 2811A the following: shall terminate on September 30, 2023. patients affected by chemical, biological, ra- ‘‘SEC. 2811B. NATIONAL ADVISORY COMMITTEE ‘‘(2) EXTENSION OF COMMITTEE.—Not later diological, or nuclear agents, including ON SENIORS AND DISASTERS. than October 1, 2022, the Secretary shall sub- emerging infectious diseases; pediatric men- ‘‘(a) ESTABLISHMENT.—The Secretary, in mit to Congress a recommendation on tal or behavioral health related to children consultation with the Secretary of Homeland whether the Advisory Committee should be affected by a public health emergency; or pe- Security and the Secretary of Veterans Af- extended.’’. diatric primary care; and fairs, shall establish an advisory committee (c) NATIONAL ADVISORY COMMITTEE ON INDI- ‘‘(D) other members as the Secretary de- to be known as the National Advisory Com- VIDUALS WITH DISABILITIES AND DISASTERS.— termines appropriate, of whom— mittee on Seniors and Disasters (referred to Subtitle B of title XXVIII (42 U.S.C. 300hh et ‘‘(i) at least one such member shall rep- in this section as the ‘Advisory Committee’). seq.), as amended by subsection (b), is fur- resent a children’s hospital; ‘‘(b) DUTIES.—The Advisory Committee ther amended by inserting after section ‘‘(ii) at least one such member shall be an shall— 2811B the following: individual with expertise in schools or child ‘‘(1) provide advice and consultation with ‘‘SEC. 2811C. NATIONAL ADVISORY COMMITTEE care settings; respect to the activities carried out pursuant ON INDIVIDUALS WITH DISABILITIES ‘‘(iii) at least one such member shall be an to section 2814, as applicable and appro- AND DISASTERS. individual with expertise in children and priate; ‘‘(a) ESTABLISHMENT.—The Secretary, in youth with special health care needs; and ‘‘(2) evaluate and provide input with re- consultation with the Secretary of Homeland ‘‘(iv) at least one such member shall be an spect to the medical and public health needs Security, shall establish a national advisory individual with expertise in the needs of par- of seniors related to preparation for, re- committee to be known as the National Ad- ents or family caregivers, including the par- sponse to, and recovery from all-hazards visory Committee on Individuals with Dis- ents or caregivers of children with disabil- emergencies; and abilities and Disasters (referred to in this ities. ‘‘(3) provide advice and consultation with section as the ‘Advisory Committee’). ‘‘(3) FEDERAL MEMBERS.—The Advisory respect to State emergency preparedness and ‘‘(b) DUTIES.—The Advisory Committee Committee under paragraph (1) shall include response activities relating to seniors, in- shall— the following Federal members or their des- cluding related drills and exercises pursuant ‘‘(1) provide advice and consultation with ignees (who may be nonvoting members, as to the preparedness goals under section respect to activities carried out pursuant to determined by the Secretary): 2802(b). section 2814, as applicable and appropriate; ‘‘(A) The Assistant Secretary for Prepared- ‘‘(c) ADDITIONAL DUTIES.—The Advisory ‘‘(2) evaluate and provide input with re- ness and Response. Committee may provide advice and rec- spect to the medical, public health, and ac- ‘‘(B) The Director of the Biomedical Ad- ommendations to the Secretary with respect cessibility needs of individuals with disabil- vanced Research and Development Author- to seniors and the medical and public health ities related to preparation for, response to, ity. grants and cooperative agreements as appli- and recovery from all-hazards emergencies; ‘‘(C) The Director of the Centers for Dis- cable to preparedness and response activities and ease Control and Prevention. under this title and title III. ‘‘(3) provide advice and consultation with ‘‘(D) The Commissioner of Food and Drugs. ‘‘(d) MEMBERSHIP.— respect to State emergency preparedness and ‘‘(E) The Director of the National Insti- ‘‘(1) IN GENERAL.—The Secretary, in con- response activities, including related drills tutes of Health. sultation with such other heads of agencies and exercises pursuant to the preparedness ‘‘(F) The Assistant Secretary of the Ad- as appropriate, shall appoint not more than goals under section 2802(b). ministration for Children and Families. 17 members to the Advisory Committee. In ‘‘(c) MEMBERSHIP.— ‘‘(G) The Administrator of the Health Re- appointing such members, the Secretary ‘‘(1) IN GENERAL.—The Secretary, in con- sources and Services Administration. shall ensure that the total membership of sultation with such other heads of agencies ‘‘(H) The Administrator of the Federal the Advisory Committee is an odd number. and departments as appropriate, shall ap- Emergency Management Agency. ‘‘(2) REQUIRED MEMBERS.—The Advisory point not more than 17 members to the Advi- ‘‘(I) The Administrator of the Administra- Committee shall include Federal members or sory Committee. In appointing such mem- tion for Community Living. their designees (who may be nonvoting mem- bers, the Secretary shall ensure that the ‘‘(J) The Secretary of Education. bers, as determined by the Secretary) and total membership of the Advisory Com- ‘‘(K) Representatives from such Federal non-Federal members, as follows: mittee is an odd number. agencies (such as the Substance Abuse and ‘‘(A) The Assistant Secretary for Prepared- ‘‘(2) REQUIRED MEMBERS.—The Advisory Mental Health Services Administration and ness and Response. Committee shall include Federal members or the Department of Homeland Security) as ‘‘(B) The Director of the Biomedical Ad- their designees (who may be nonvoting mem- the Secretary determines appropriate to ful- vanced Research and Development Author- bers, as determined by the Secretary) and fill the duties of the Advisory Committee ity. non-Federal members, as follows: under subsections (b) and (c). ‘‘(C) The Director of the Centers for Dis- ‘‘(A) The Assistant Secretary for Prepared- ‘‘(4) TERM OF APPOINTMENT.—Each member ease Control and Prevention. ness and Response. of the Advisory Committee appointed under ‘‘(D) The Commissioner of Food and Drugs. ‘‘(B) The Administrator of the Administra- paragraph (2) shall serve for a term of 3 ‘‘(E) The Director of the National Insti- tion for Community Living. years, except that the Secretary may adjust tutes of Health. ‘‘(C) The Director of the Biomedical Ad- the terms of the Advisory Committee ap- ‘‘(F) The Administrator of the Centers for vanced Research and Development Author- pointees serving on the date of enactment of Medicare & Medicaid Services. ity. the Pandemic and All-Hazards Preparedness ‘‘(G) The Administrator of the Administra- ‘‘(D) The Director of the Centers for Dis- and Advancing Innovation Act of 2019, or ap- tion for Community Living. ease Control and Prevention. pointees who are initially appointed after ‘‘(H) The Administrator of the Federal ‘‘(E) The Commissioner of Food and Drugs. such date of enactment, in order to provide Emergency Management Agency. ‘‘(F) The Director of the National Insti- for a staggered term of appointment for all ‘‘(I) The Under Secretary for Health of the tutes of Health. members. Department of Veterans Affairs. ‘‘(G) The Administrator of the Federal ‘‘(5) CONSECUTIVE APPOINTMENTS; MAXIMUM ‘‘(J) At least 2 non-Federal health care pro- Emergency Management Agency. TERMS.—A member appointed under para- fessionals with expertise in geriatric medical ‘‘(H) The Chair of the National Council on graph (2) may serve not more than 3 terms disaster planning, preparedness, response, or Disability. on the Advisory Committee, and not more recovery. ‘‘(I) The Chair of the United States Access than two of such terms may be served con- ‘‘(K) At least 2 representatives of State, Board. secutively.’’; local, Tribal, or territorial agencies with ex- ‘‘(J) The Under Secretary for Health of the (3) in subsection (e), by adding at the end pertise in geriatric disaster planning, pre- Department of Veterans Affairs. ‘‘At least one meeting per year shall be an paredness, response, or recovery. ‘‘(K) At least 2 non-Federal health care in-person meeting.’’; ‘‘(L) Representatives of such other Federal professionals with expertise in disability ac- (4) by redesignating subsection (f) as sub- agencies (such as the Department of Energy cessibility before, during, and after disasters, section (g); and the Department of Homeland Security) medical and mass care disaster planning, (5) by inserting after subsection (e) the fol- as the Secretary determines necessary to ful- preparedness, response, or recovery. lowing: fill the duties of the Advisory Committee. ‘‘(L) At least 2 representatives from State, ‘‘(f) COORDINATION.—The Secretary shall ‘‘(e) MEETINGS.—The Advisory Committee local, Tribal, or territorial agencies with ex- coordinate duties and activities authorized shall meet not less frequently than bian- pertise in disaster planning, preparedness,

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.050 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2940 CONGRESSIONAL RECORD — SENATE May 16, 2019 response, or recovery for individuals with retary shall consult with the Department of Health Security Strategy pursuant to sec- disabilities. Homeland Security, the Department of De- tion 2802, the Strategic National Stockpile ‘‘(M) At least 2 individuals with a dis- fense, the Department of Veterans Affairs, needs pursuant to section 319F–2, and assess- ability with expertise in disaster planning, and other applicable Federal departments ments of current national security threats, preparedness, response, or recovery for indi- and agencies as necessary and appropriate in including chemical, biological, radiological, viduals with disabilities. the development of such guidance. The Sec- and nuclear threats, including emerging in- ‘‘(d) MEETINGS.—The Advisory Committee retary shall make the guidance available on fectious diseases. In the event that members shall meet not less frequently than bian- the internet website of the Department of of the PHEMCE do not agree upon a rec- nually. At least one meeting per year shall Health and Human Services. ommendation, the Secretary shall provide a be an in-person meeting. TITLE IV—PRIORITIZING A THREAT- determination regarding such recommenda- ‘‘(e) DISABILITY DEFINED.—For purposes of BASED APPROACH tion. this section, the term ‘disability’ has the ‘‘(B) Identify national health security SEC. 401. ASSISTANT SECRETARY FOR PRE- meaning given such term in section 3 of the PAREDNESS AND RESPONSE. needs, including gaps in public health pre- Americans with Disabilities Act of 1990. Section 2811(b) (42 U.S.C. 300hh–10(b)) is paredness and response related to counter- ‘‘(f) COORDINATION.—The Secretary shall amended— measures and challenges to addressing such coordinate duties and activities authorized (1) in the matter preceding paragraph (1), needs (including any regulatory challenges), under this section in accordance with section by inserting ‘‘utilize experience related to and support alignment of countermeasure 2811D. public health emergency preparedness and procurement with recommendations to ad- ‘‘(g) SUNSET.— response, biodefense, medical counter- dress such needs under subparagraph (A). ‘‘(1) IN GENERAL.—The Advisory Committee measures, and other relevant topics to’’ after ‘‘(C) Assist the Secretary in developing shall terminate on September 30, 2023. ‘‘shall’’; and strategies related to logistics, deployment, ‘‘(2) RECOMMENDATION.—Not later than Oc- (2) in paragraph (4), by adding at the end distribution, dispensing, and use of counter- tober 1, 2022, the Secretary shall submit to the following: measures that may be applicable to the ac- Congress a recommendation on whether the ‘‘(I) THREAT AWARENESS.—Coordinate with tivities of the strategic national stockpile Advisory Committee should be extended.’’. the Director of the Centers for Disease Con- under section 319F–2(a). (d) ADVISORY COMMITTEE COORDINATION.— trol and Prevention, the Director of National ‘‘(D) Provide consultation for the develop- Subtitle B of title XXVIII (42 U.S.C. 300hh et Intelligence, the Secretary of Homeland Se- ment of the strategy and implementation seq.), as amended by subsection (c), is fur- curity, the Assistant to the President for Na- plan under section 2811(d). ther amended by inserting after section tional Security Affairs, the Secretary of De- ‘‘(2) INPUT.—In carrying out subparagraphs 2811C the following: fense, and other relevant Federal officials, (B) and (C) of paragraph (1), the PHEMCE ‘‘SEC. 2811D. ADVISORY COMMITTEE COORDINA- such as the Secretary of Agriculture, to shall solicit and consider input from State, TION. maintain a current assessment of national local, Tribal, and territorial public health ‘‘(a) IN GENERAL.—The Secretary shall co- security threats and inform preparedness departments or officials, as appropriate.’’. ordinate duties and activities authorized and response capabilities based on the range (b) PUBLIC HEALTH EMERGENCY MEDICAL under sections 2811A, 2811B, and 2811C, and of the threats that have the potential to re- COUNTERMEASURES ENTERPRISE STRATEGY make efforts to reduce unnecessary or dupli- sult in a public health emergency.’’. AND IMPLEMENTATION PLAN.—Section 2811(d) (42 U.S.C. 300hh–10(d)) is amended— cative reporting, or unnecessary duplicative SEC. 402. PUBLIC HEALTH EMERGENCY MEDICAL meetings and recommendations under such COUNTERMEASURES ENTERPRISE. (1) in paragraph (1)— (A) by striking ‘‘Not later than 180 days sections, as practicable. Members of the ad- (a) IN GENERAL.—Title XXVIII is amended visory committees authorized under such by inserting after section 2811 (42 U.S.C. after the date of enactment of this sub- sections, or their designees, shall annually 300hh–10) the following: section, and every year thereafter’’ and in- meet to coordinate any recommendations, as serting ‘‘Not later than March 15, 2020, and ‘‘SEC. 2811–1. PUBLIC HEALTH EMERGENCY MED- biennially thereafter’’; and appropriate, that may be similar, duplica- ICAL COUNTERMEASURES ENTER- tive, or overlapping with respect to address- PRISE. (B) by striking ‘‘Director of the Bio- ing the needs of children, seniors, and indi- ‘‘(a) IN GENERAL.—The Secretary shall es- medical’’ and all that follows through ‘‘Food viduals with disabilities during public health tablish the Public Health Emergency Med- and Drugs’’ and inserting ‘‘Public Health emergencies. If such coordination occurs ical Countermeasures Enterprise (referred to Emergency Medical Countermeasures Enter- through an in-person meeting, it shall not be in this section as the ‘PHEMCE’). The As- prise established under section 2811–1’’; and considered the required in-person meetings sistant Secretary for Preparedness and Re- (2) in paragraph (2)(J)(v), by striking ‘‘one- under any of sections 2811A(e), 2811B(e), or sponse shall serve as chair of the PHEMCE. year period’’ and inserting ‘‘2-year period’’. 2811C(d). ‘‘(b) MEMBERS.—The PHEMCE shall in- SEC. 403. STRATEGIC NATIONAL STOCKPILE. ‘‘(b) COORDINATION AND ALIGNMENT.—The clude each of the following members, or the (a) IN GENERAL.—Section 319F–2(a) (42 Secretary, acting through the employee des- designee of such members: U.S.C. 247d–6b(a)) is amended— ignated pursuant to section 2814, shall align ‘‘(1) The Assistant Secretary for Prepared- (1) by redesignating paragraphs (2) and (3) preparedness and response programs or ac- ness and Response. as paragraphs (3) and (4), respectively; and tivities to address similar, dual, or overlap- ‘‘(2) The Director of the Centers for Disease (2) in paragraph (1)— ping needs of children, seniors, and individ- Control and Prevention. (A) by inserting ‘‘the Assistant Secretary uals with disabilities, and any challenges in ‘‘(3) The Director of the National Insti- for Preparedness and Response and’’ after preparing for and responding to such needs. tutes of Health. ‘‘collaboration with’’; ‘‘(c) NOTIFICATION.—The Secretary shall ‘‘(4) The Commissioner of Food and Drugs. (B) by inserting ‘‘and optimize’’ after ‘‘pro- annually notify the congressional commit- ‘‘(5) The Secretary of Defense. vide for’’; tees of jurisdiction regarding the steps taken ‘‘(6) The Secretary of Homeland Security. (C) by inserting ‘‘and, as informed by exist- to coordinate, as appropriate, the rec- ‘‘(7) The Secretary of Agriculture. ing recommendations of, or consultations ommendations under this section, and pro- ‘‘(8) The Secretary of Veterans Affairs. with, the Public Health Emergency Medical vide a summary description of such coordi- ‘‘(9) The Director of National Intelligence. Countermeasure Enterprise established nation.’’. ‘‘(10) Representatives of any other Federal under section 2811–1, make necessary addi- SEC. 306. GUIDANCE FOR PARTICIPATION IN EX- agency, which may include the Director of tions or modifications to the contents of ERCISES AND DRILLS. the Biomedical Advanced Research and De- such stockpile or stockpiles based on the re- Not later than 2 years after the date of en- velopment Authority, the Director of the view conducted under paragraph (2)’’ before actment of this Act, the Secretary of Health Strategic National Stockpile, the Director of the period of the first sentence; and and Human Services shall issue final guid- the National Institute of Allergy and Infec- (D) by striking the second sentence; ance regarding the ability of personnel fund- tious Diseases, and the Director of the Office (3) by inserting after paragraph (1) the fol- ed by programs authorized under this Act of Public Health Preparedness and Response, lowing: (including the amendments made by this as the Secretary determines appropriate. ‘‘(2) THREAT-BASED REVIEW.— Act) to participate in drills and operational ‘‘(c) FUNCTIONS.— ‘‘(A) IN GENERAL.—The Secretary shall con- exercises related to all-hazards medical and ‘‘(1) IN GENERAL.—The functions of the duct an annual threat-based review (taking public health preparedness and response. PHEMCE shall include the following: into account at-risk individuals) of the con- Such drills and operational exercises may in- ‘‘(A) Utilize a process to make rec- tents of the stockpile under paragraph (1), clude activities that incorporate medical ommendations to the Secretary regarding including non-pharmaceutical supplies, and, surge capacity planning, medical counter- research, advanced research, development, in consultation with the Public Health measure distribution and administration, procurement, stockpiling, deployment, dis- Emergency Medical Countermeasures Enter- and preparing for and responding to identi- tribution, and utilization with respect to prise established under section 2811–1, review fied threats for that region. Such personnel countermeasures, as defined in section 319F– contents within the stockpile and assess may include State, local, Tribal, and terri- 2(c), including prioritization based on the whether such contents are consistent with torial public health department or agency health security needs of the United States. the recommendations made pursuant to sec- personnel funded under this Act (including Such recommendations shall be informed by, tion 2811–1(c)(1)(A). Such review shall be sub- the amendments made by this Act). The Sec- when available and practicable, the National mitted on June 15, 2019, and on March 15 of

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.050 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2941 each year thereafter, to the Committee on ters for Disease Control and Prevention, the tions, and replenishments) in the stockpile, Health, Education, Labor, and Pensions and Assistant Secretary for Preparedness and and how such expenditures relate to the abil- the Committee on Appropriations of the Sen- Response, the Secretary of Transportation, ity of the stockpile to meet emergency ate and the Committee on Energy and Com- the Secretary of Homeland Security, the health security needs; merce and the Committee on Appropriations Secretary of Veterans Affairs, and the heads ‘‘(vii) an assessment of the extent to which of the House of Representatives, in a manner of other appropriate Federal agencies; State, additions, modifications, and replenishments that does not compromise national security. local, Tribal, and territorial agencies; and reviewed under paragraph (2) align with pre- ‘‘(B) ADDITIONS, MODIFICATIONS, AND RE- the public and private health care infrastruc- vious relevant reports or reviews by the Sec- PLENISHMENTS.—Each annual threat-based ture, as applicable, taking into account the retary or the Comptroller General; review under subparagraph (A) shall, for manufacturing capacity and other available ‘‘(viii) with respect to any change in the each new or modified countermeasure pro- sources of products and appropriate alter- Federal organizational management of the curement or replenishment, provide— natives to supplies in the stockpile;’’; stockpile, an assessment and comparison of ‘‘(i) information regarding— (D) in subparagraph (G), by striking ‘‘; the processes affected by such change, in- ‘‘(I) the quantities of the additional or and’’ and inserting a semicolon; cluding planning for potential counter- modified countermeasure procured for, or (E) in subparagraph (H), by striking the pe- measure deployment, distribution, or dis- contracted to be procured for, the stockpile; riod and inserting a semicolon; and pensing capabilities and processes related to ‘‘(II) planning considerations for appro- (F) by adding at the end the following: procurement decisions, use of stockpiled priate manufacturing capacity and capa- ‘‘(I) ensure that each countermeasure or countermeasures, and use of resources for bility to meet the goals of such additions or product under consideration for procurement such activities; and modifications (without disclosing propri- pursuant to this subsection receives the ‘‘(ix) an assessment of whether the proc- etary information), including consideration same consideration regardless of whether esses and procedures described by the Sec- of the effect such additions or modifications such countermeasure or product receives or retary pursuant to section 403(b) of the Pan- may have on the availability of such prod- had received funding under section 319L, in- demic and All-Hazards Preparedness and Ad- ucts and ancillary medical supplies in the cluding with respect to whether the counter- vancing Innovation Act of 2019 are sufficient health care system; measure or product is most appropriate to to ensure countermeasures and products ‘‘(III) the presence or lack of a commercial meet the emergency health security needs of under consideration for procurement pursu- market for the countermeasure at the time the United States; and ant to subsection (a) receive the same con- of procurement; ‘‘(J) provide assistance, including tech- sideration regardless of whether such coun- ‘‘(IV) the emergency health security threat nical assistance, to maintain and improve termeasures and products receive or had re- or threats such countermeasure procurement State and local public health preparedness ceived funding under section 319L, including is intended to address, including whether capabilities to distribute and dispense med- with respect to whether such counter- such procurement is consistent with meeting ical countermeasures and products from the measures and products are most appropriate emergency health security needs associated stockpile, as appropriate.’’; and to meet the emergency health security needs with such threat or threats; (5) by adding at the end the following: of the United States. ‘‘(V) an assessment of whether the emer- ‘‘(5) GAO REPORT.— ‘‘(B) SUBMISSION.—Not later than 6 months ‘‘(A) IN GENERAL.—Not later than 3 years gency health security threat or threats de- after completing a classified version of the scribed in subclause (IV) could be addressed after the date of enactment of the Pandemic review under subparagraph (A), the Comp- in a manner that better utilizes the re- and All-Hazards Preparedness and Advancing troller General shall submit an unclassified sources of the stockpile and permits the Innovation Act of 2019, and every 5 years version of the review to the congressional greatest possible increase in the level of thereafter, the Comptroller General of the committees of jurisdiction.’’. emergency preparedness to address such United States shall conduct a review of any (b) ADDITIONAL REPORTING.—In the first threats; changes to the contents or management of threat-based review submitted after the date ‘‘(VI) whether such countermeasure is re- the stockpile since January 1, 2015. Such re- of enactment of this Act pursuant to para- plenishing an expiring or expired counter- view shall include— graph (2) of section 319F–2(a) of the Public measure, is a different countermeasure with ‘‘(i) an assessment of the comprehensive- Health Service Act (42 U.S.C. 247d–6b(a)), as the same indication that is replacing an ex- ness and completeness of each annual threat- amended by subsection (a), the Secretary piring or expired countermeasure, or is a new based review under paragraph (2), including shall include a description of the processes addition to the stockpile; whether all newly procured or replenished and procedures through which the Director ‘‘(VII) a description of how such additions countermeasures within the stockpile were of the Strategic National Stockpile and the or modifications align with projected invest- described in each annual review, and wheth- Director of the Biomedical Advanced Re- ments under previous countermeasures budg- er, consistent with paragraph (2)(B), the Sec- search and Development Authority coordi- et plans under section 2811(b)(7), including retary conducted the necessary internal re- nate with respect to countermeasures and expected life-cycle costs, expenditures re- view in advance of such procurement or re- products procured under such section 319F– lated to countermeasure procurement to ad- plenishment; 2(a), including such processes and procedures dress the threat or threats described in sub- ‘‘(ii) an assessment of whether the Sec- in place to ensure countermeasures and prod- clause (IV), replenishment dates (including retary established health security and ucts under consideration for procurement the ability to extend the maximum shelf life science-based justifications, and a descrip- pursuant to such section 319F–2(a) receive of a countermeasure), and the manufacturing tion of such justifications for procurement the same consideration regardless of whether capacity required to replenish such counter- decisions related to health security needs such countermeasures or products receive or measure; and with respect to the identified threat, for ad- had received funding under section 319L of ‘‘(VIII) appropriate protocols and processes ditions or modifications to the stockpile the Public Health Service Act (42 U.S.C. for the deployment, distribution, or dis- based on the information provided in such 247d–7e), and whether such countermeasures pensing of the countermeasure at the State reviews under paragraph (2)(B), including and products are the most appropriate to and local level, including plans for relevant whether such review was conducted prior to meet the emergency health security needs of capabilities of State and local entities to dis- procurement, modification, or replenish- the United States. pense, distribute, and administer the coun- ment; (c) AUTHORIZATION OF APPROPRIATIONS, termeasure; and ‘‘(iii) an assessment of the plans developed STRATEGIC NATIONAL STOCKPILE.—Section ‘‘(ii) an assurance, which need not be pro- by the Secretary for the deployment, dis- 319F–2(f)(1) (42 U.S.C. 247d–6b(f)(1)) is amend- vided in advance of procurement, that for tribution, and dispensing of countermeasures ed by striking ‘‘$533,800,000 for each of fiscal each countermeasure procured or replen- procured, modified, or replenished under years 2014 through 2018’’ and inserting ished under this subsection, the Secretary paragraph (1), including whether such plans ‘‘$610,000,000 for each of fiscal years 2019 completed a review addressing each item were developed prior to procurement, modi- through 2023, to remain available until ex- listed under this subsection in advance of fication, or replenishment; pended’’. such procurement or replenishment.’’; ‘‘(iv) an accounting of countermeasures SEC. 404. PREPARING FOR PANDEMIC INFLU- (4) in paragraph (3), as so redesignated— procured, modified, or replenished under ENZA, ANTIMICROBIAL RESISTANCE, (A) in subparagraph (A), by inserting ‘‘and paragraph (1) that received advanced re- AND OTHER SIGNIFICANT THREATS. the Public Health Emergency Medical Coun- search and development funding from the (a) STRATEGIC INITIATIVES.—Section termeasures Enterprise established under Biomedical Advanced Research and Develop- 319L(c)(4) (247d–7e(c)(4)) is amended by add- section 2811–1’’ before the semicolon; ment Authority; ing at the end the following: (B) in subparagraph (C), by inserting ‘‘, and ‘‘(v) an analysis of how such procurement ‘‘(F) STRATEGIC INITIATIVES.—The Sec- the availability, deployment, dispensing, and decisions made progress toward meeting retary, acting through the Director of administration of countermeasures’’ before emergency health security needs related to BARDA, may implement strategic initia- the semicolon; the identified threats for countermeasures tives, including by building on existing pro- (C) by amending subparagraph (E) to read added, modified, or replenished under para- grams and by awarding contracts, grants, as follows: graph (1); and cooperative agreements, or entering into ‘‘(E) devise plans for effective and timely ‘‘(vi) a description of the resources ex- other transactions, to support innovative supply-chain management of the stockpile, pended related to the procurement of coun- candidate products in preclinical and clinical in consultation with the Director of the Cen- termeasures (including additions, modifica- development that address priority, naturally

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.050 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2942 CONGRESSIONAL RECORD — SENATE May 16, 2019 occurring and man-made threats that, as de- poses of carrying out this subsection, includ- amended by striking ‘‘The Secretary and the termined by the Secretary, pose a significant ing amounts appropriated under the heading Homeland Security Secretary shall promptly level of risk to national security based on ‘Public Health and Social Services Emer- notify the appropriate committees of Con- the characteristics of a chemical, biological, gency Fund’ under the heading ‘Office of the gress’’ and inserting ‘‘The Secretary and the radiological or nuclear threat, or existing Secretary’ under title II of division H of the Secretary of Homeland Security shall send capabilities to respond to such a threat (in- Consolidated Appropriations Act, 2018 (Pub- to Congress, on an annual basis, all current cluding medical response and treatment ca- lic Law 115–141) and allocated to carrying out material threat determinations and shall pabilities and manufacturing infrastruc- section 319L(c)(4)(F).’’. promptly notify the Committee on Health, ture). Such initiatives shall accelerate and SEC. 405. REPORTING ON THE FEDERAL SELECT Education, Labor, and Pensions and the support the advanced research, development, AGENT PROGRAM. Committee on Homeland Security and Gov- and procurement of countermeasures and Section 351A(k) (42 U.S.C. 262a(k)) is ernmental Affairs of the Senate and the products, as applicable, to address areas in- amended— Committee on Energy and Commerce and the cluding— (1) by striking ‘‘The Secretary’’ and insert- Committee on Homeland Security of the ‘‘(i) chemical, biological, radiological, or ing the following: House of Representatives’’. nuclear threats, including emerging infec- ‘‘(1) IN GENERAL.—The Secretary’’; and (b) CONTRACTING COMMUNICATION.—Section tious diseases, for which insufficient ap- (2) by adding at the end the following: 319F–2(c)(7)(B)(ii)(III) (42 U.S.C. 247d– proved, licensed, or authorized counter- ‘‘(2) IMPLEMENTATION OF RECOMMENDATIONS 6b(c)(7)(B)(ii)(III)) is amended by adding at measures exist, or for which such threat, or OF THE FEDERAL EXPERTS SECURITY ADVISORY the end the following: ‘‘The Secretary shall the result of an exposure to such threat, may PANEL AND THE FAST TRACK ACTION COMMITTEE notify the vendor within 90 days of a deter- become resistant to countermeasures or ex- ON SELECT AGENT REGULATIONS.— mination by the Secretary to renew, extend, isting countermeasures may be rendered in- ‘‘(A) IN GENERAL.—Not later than 1 year or terminate such contract.’’. effective; after the date of the enactment of the Pan- SEC. 503. AVAILABILITY OF REGULATORY MAN- ‘‘(ii) threats that consistently exist or con- demic and All-Hazards Preparedness and Ad- AGEMENT PLANS. tinually circulate and have a significant po- vancing Innovation Act of 2019, the Sec- Section 565(f) of the Federal Food, Drug, tential to become a pandemic, such as pan- retary shall report to the congressional com- and Cosmetic Act (21 U.S.C. 360bbb–4(f)) is demic influenza, which may include the ad- mittees of jurisdiction on the implementa- amended— vanced research and development, manufac- tion of recommendations of the Federal Ex- (1) by redesignating paragraphs (3) through turing, and appropriate stockpiling of quali- perts Security Advisory Panel concerning (6) as paragraphs (4) through (7), respec- fied pandemic or epidemic products, and the select agent program. tively; products, technologies, or processes to sup- ‘‘(B) CONTINUED UPDATES.—The Secretary (2) by inserting after paragraph (2) the fol- port the advanced research and development shall report to the congressional committees of such countermeasures (including multiuse lowing: of jurisdiction annually following the sub- ‘‘(3) PUBLICATION.—The Secretary shall platform technologies for diagnostics, vac- mission of the report under subparagraph (A) cines, and therapeutics; virus seeds; clinical make available on the internet website of until the recommendations described in such the Food and Drug Administration informa- trial lots; novel virus strains; and antigen subparagraph are fully implemented, or a and adjuvant material); and tion regarding regulatory management justification is provided for the delay in, or plans, including— ‘‘(iii) threats that may result primarily or lack of, implementation.’’. secondarily from a chemical, biological, ra- ‘‘(A) the process by which an applicant diological, or nuclear agent, or emerging in- TITLE V—INCREASING COMMUNICATION may submit a request for a regulatory man- fectious diseases, and which may present in- IN MEDICAL COUNTERMEASURE AD- agement plan; creased treatment complications such as the VANCED RESEARCH AND DEVELOP- ‘‘(B) the timeframe by which the Secretary occurrence of resistance to available coun- MENT is required to respond to such request; termeasures or potential countermeasures, SEC. 501. MEDICAL COUNTERMEASURE BUDGET ‘‘(C) the information required for the sub- including antimicrobial resistant patho- PLAN. mission of such request; gens.’’. Section 2811(b)(7) (42 U.S.C. 300hh–10(b)(7)) ‘‘(D) a description of the types of develop- (b) PROTECTION OF NATIONAL SECURITY is amended— ment milestones and performance targets FROM THREATS.—Section 2811 (42 U.S.C. (1) in the matter preceding subparagraph that could be discussed and included in such 300hh–10) is amended by adding at the end (A), by striking ‘‘March 1’’ and inserting plans; and the following: ‘‘March 15’’; ‘‘(E) contact information for beginning the ‘‘(f) PROTECTION OF NATIONAL SECURITY (2) in subparagraph (A)— regulatory management plan process.’’; FROM THREATS.— (A) in clause (ii), by striking ‘‘; and’’ and (3) in paragraph (6), as so redesignated, in ‘‘(1) IN GENERAL.—In carrying out sub- inserting ‘‘;’’; and the matter preceding subparagraph (A)— section (b)(3), the Assistant Secretary for (B) by striking clause (iii) and inserting (A) by striking ‘‘paragraph (4)(A)’’ and in- Preparedness and Response shall implement the following: serting ‘‘paragraph (5)(A)’’; and strategic initiatives or activities to address ‘‘(iii) procurement, stockpiling, mainte- (B) by striking ‘‘paragraph (4)(B)’’ and in- threats, including pandemic influenza and nance, and potential replenishment (includ- serting ‘‘paragraph (5)(B)’’; and which may include a chemical, biological, ing manufacturing capabilities) of all prod- (4) in paragraph (7)(A), as so redesignated, radiological, or nuclear agent (including any ucts in the Strategic National Stockpile; by striking ‘‘paragraph (3)(A)’’ and inserting such agent with a significant potential to be- ‘‘(iv) the availability of technologies that ‘‘paragraph (4)(A)’’. come a pandemic), that pose a significant may assist in the advanced research and de- SEC. 504. THE BIOMEDICAL ADVANCED RE- level of risk to public health and national se- velopment of countermeasures and opportu- SEARCH AND DEVELOPMENT AU- curity based on the characteristics of such nities to use such technologies to accelerate THORITY AND THE BIOSHIELD SPE- threat. Such initiatives shall include activi- and navigate challenges unique to counter- CIAL RESERVE FUND. ties to— measure research and development; and (a) BIOSHIELD SPECIAL RESERVE FUND.— ‘‘(A) accelerate and support the advanced ‘‘(v) potential deployment, distribution, Section 319F–2(g)(1) (42 U.S.C. 247d–6b(g)(1)) research, development, manufacturing ca- and utilization of medical countermeasures; is amended— pacity, procurement, and stockpiling of development of clinical guidance and emer- (1) by striking ‘‘$2,800,000,000 for the period countermeasures, including initiatives under gency use instructions for the use of medical of fiscal years 2014 through 2018’’ and insert- section 319L(c)(4)(F); countermeasures; and, as applicable, poten- ing ‘‘$7,100,000,000 for the period of fiscal ‘‘(B) support the development and manu- tial postdeployment activities related to years 2019 through 2028, to remain available facturing of virus seeds, clinical trial lots, medical countermeasures;’’; until expended’’; and and stockpiles of novel virus strains; and (3) by redesignating subparagraphs (D) and (2) by striking the second sentence. ‘‘(C) maintain or improve preparedness ac- (E) as subparagraphs (E) and (F), respec- (b) THE BIOMEDICAL ADVANCED RESEARCH tivities, including for pandemic influenza. tively; and AND DEVELOPMENT AUTHORITY.—Section ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— (4) by inserting after subparagraph (C), the 319L(d)(2) (42 U.S.C. 247d–7e(d)(2)) is amended ‘‘(A) IN GENERAL.—To carry out this sub- following: by striking ‘‘$415,000,000 for each of fiscal section, there is authorized to be appro- ‘‘(D) identify the full range of anticipated years 2014 through 2018’’ and inserting priated $250,000,000 for each of fiscal years medical countermeasure needs related to re- ‘‘$611,700,000 for each of fiscal years 2019 2019 through 2023. search and development, procurement, and through 2023’’. ‘‘(B) SUPPLEMENT, NOT SUPPLANT.— stockpiling, including the potential need for SEC. 505. ADDITIONAL STRATEGIES FOR COM- Amounts appropriated under this paragraph indications, dosing, and administration tech- BATING ANTIBIOTIC RESISTANCE. shall be used to supplement and not supplant nologies, and other countermeasure needs as (a) ADVISORY COUNCIL.—The Secretary of funds provided under sections 319L(d) and applicable and appropriate;’’. Health and Human Services (referred to in 319F–2(g). SEC. 502. MATERIAL THREAT AND MEDICAL this section as the ‘‘Secretary’’) may con- ‘‘(C) DOCUMENTATION REQUIRED.—The As- COUNTERMEASURE NOTIFICATIONS. tinue the Presidential Advisory Council on sistant Secretary for Preparedness and Re- (a) CONGRESSIONAL NOTIFICATION OF MATE- Combating Antibiotic-Resistant Bacteria, sponse, in accordance with subsection (b)(7), RIAL THREAT DETERMINATION.—Section 319F– referred to in this section as the ‘‘Advisory shall document amounts expended for pur- 2(c)(2)(C) (42 U.S.C. 247d–6b(c)(2)(C)) is Council’’.

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(b) DUTIES.—The Advisory Council shall (A) in clause (i), by striking ‘‘under this ‘‘(A) the development of medical counter- advise and provide information and rec- subsection’’ and all that follows through measure submissions to support the ap- ommendations to the Secretary regarding ‘‘Code’’ and inserting ‘‘(as defined in sub- proval, licensure, classification, clearance, programs and policies intended to reduce or section (a)(3)) under this subsection’’; and conditional approval, or authorization of one combat antibiotic-resistant bacteria that (B) in clause (ii)— or more security countermeasures, qualified may present a public health threat and im- (i) by amending subclause (I) to read as fol- countermeasures, or qualified pandemic or prove capabilities to prevent, diagnose, miti- lows: epidemic products; and gate, or treat such resistance. Such advice, ‘‘(I) IN GENERAL.—To the maximum extent ‘‘(B) the manufacture of security counter- information, and recommendations may be practicable, competitive procedures shall be measures, qualified countermeasures, or related to improving— used when entering into transactions to qualified pandemic or epidemic products. (1) the effectiveness of antibiotics; carry out projects under this subsection.’’; ‘‘(2) REQUIRED UPDATES.—The Secretary (2) research and advanced research on, and and may require, as appropriate, that the master the development of, improved and innovative (ii) in subclause (II)— file holder ensure that the contents of such methods for combating or reducing anti- (I) by striking ‘‘$20,000,000’’ and inserting master file are updated during the time such biotic resistance, including new treatments, ‘‘$100,000,000’’; master file is referenced for a medical coun- rapid point-of-care diagnostics, alternatives (II) by striking ‘‘senior procurement execu- termeasure submission. to antibiotics, including alternatives to ani- tive for the Department (as designated for ‘‘(c) SPONSOR REFERENCE.— mal antibiotics, and antimicrobial steward- purpose of section 16(c) of the Office of Fed- ‘‘(1) IN GENERAL.—Each incorporation of ship activities; eral Procurement Policy Act (41 U.S.C. data or information within a medical coun- (3) surveillance of antibiotic-resistant bac- 414(c)))’’ and inserting ‘‘Assistant Secretary termeasure master file shall describe the in- terial infections, including publicly available for Financial Resources’’; and corporated material in a manner in which and up-to-date information on resistance to (III) by striking ‘‘senior procurement exec- the Secretary determines appropriate and antibiotics; utive under’’ and inserting ‘‘Assistant Sec- that permits the review of such information (4) education for health care providers and retary for Financial Resources under’’. within such master file without necessi- the public with respect to up-to-date infor- SEC. 603. MEDICAL COUNTERMEASURE MASTER tating resubmission of such data or informa- mation on antibiotic resistance and ways to FILES. tion. Master files shall be submitted in an reduce or combat such resistance to anti- (a) IN GENERAL.—The purpose of this sec- electronic format in accordance with sec- biotics related to humans and animals; tion (including section 565B of the Federal tions 512(b)(4), 571(a)(4), and 745A, as applica- (5) methods to prevent or reduce the trans- Food, Drug, and Cosmetic Act, as added by ble, and as specified in applicable guidance. mission of antibiotic-resistant bacterial in- subsection (b)) is to support and advance the ‘‘(2) REFERENCE BY A MASTER FILE HOLD- fections, including stewardship programs; development or manufacture of security ER.—A master file holder that is the sponsor and countermeasures, qualified countermeasures, of a medical countermeasure submission (6) coordination with respect to inter- and qualified pandemic or epidemic products shall notify the Secretary in writing of the national efforts in order to inform and ad- by facilitating and encouraging submission intent to reference the medical counter- vance United States capabilities to combat of data and information to support the devel- measure master file as a part of the submis- antibiotic resistance. opment of such products, and through clari- sion. (c) MEETINGS AND COORDINATION.— fying the authority to cross-reference to ‘‘(3) REFERENCE BY AN AUTHORIZED PER- (1) MEETINGS.—The Advisory Council shall data and information previously submitted SON.—A person submitting an application for meet not less than biannually and, to the ex- to the Secretary of Health and Human Serv- review may, where the Secretary determines tent practicable, in coordination with meet- ices (referred to in this section as the ‘‘Sec- appropriate, incorporate by reference all or ings of the Antimicrobial Resistance Task retary’’), including data and information part of the contents of a medical counter- Force established in section 319E(a) of the submitted to medical countermeasure mas- measure master file, if the master file holder Public Health Service Act. ter files or other master files. authorizes the incorporation in writing. (2) COORDINATION.—The Advisory Council (b) MEDICAL COUNTERMEASURE MASTER ‘‘(d) ACKNOWLEDGMENT OF AND RELIANCE shall, to the greatest extent practicable, co- FILES.—Chapter V of the Federal Food, Drug, UPON A MASTER FILE BY THE SECRETARY.— ordinate activities carried out by the Coun- and Cosmetic Act (21 U.S.C. 351 et seq.) is ‘‘(1) IN GENERAL.—The Secretary shall pro- cil with the Antimicrobial Resistance Task amended by inserting after section 565A the vide the master file holder with a written no- Force established under section 319E(a) of following: tification indicating that the Secretary has the Public Health Service Act (42 U.S.C. ‘‘SEC. 565B. MEDICAL COUNTERMEASURE MAS- reviewed and relied upon specified data or in- 247d–5(a)). TER FILES. formation within a master file and the pur- (d) FACA.—The Federal Advisory Com- ‘‘(a) APPLICABILITY OF REFERENCE.— poses for which such data or information was mittee Act (5 U.S.C. App.) shall apply to the ‘‘(1) IN GENERAL.—A person may submit incorporated by reference if the Secretary activities and duties of the Advisory Council. data and information in a master file to the has reviewed and relied upon such specified (e) EXTENSION OF ADVISORY COUNCIL.—Not Secretary with the intent to reference, or to data or information to support the approval, later than October 1, 2022, the Secretary authorize, in writing, another person to ref- classification, conditional approval, clear- shall submit to the Committee on Health, erence, such data or information to support ance, licensure, or authorization of a secu- Education, Labor, and Pensions of the Sen- a medical countermeasure submission (in- rity countermeasure, qualified counter- ate and the Committee on Energy and Com- cluding a supplement or amendment to any measure, or qualified pandemic or epidemic merce of the House of Representatives a rec- such submission), without requiring the mas- product. The Secretary may rely upon the ommendation on whether the Advisory ter file holder to disclose the data and infor- data and information within the medical Council should be extended, and in addition, mation to any such persons authorized to countermeasure master file for which such identify whether there are other committees, reference the master file. Such data and in- written notification was provided in addi- councils, or task forces that have overlap- formation shall be available for reference by tional applications, as applicable and appro- ping or similar duties to that of the Advisory the master file holder or by a person author- priate and upon the request of the master Council, and whether such committees, ized by the master file holder, in accordance file holder so notified in writing or by an au- councils, or task forces should be combined, with applicable privacy and confidentiality thorized person of such holder. including with respect to section 319E(a) of protocols and regulations. ‘‘(2) CERTAIN APPLICATIONS.—If the Sec- the Public Health Service Act (42 U.S.C. ‘‘(2) REFERENCE OF CERTAIN MASTER retary has reviewed and relied upon specified 247d–5(a)). FILES.—In the case that data or information data or information within a medical coun- TITLE VI—ADVANCING TECHNOLOGIES within a medical countermeasure master file termeasure master file to support the condi- FOR MEDICAL COUNTERMEASURES is used only to support the conditional ap- tional approval of an application under sec- SEC. 601. ADMINISTRATION OF COUNTER- proval of an application filed under section tion 571 to subsequently support the ap- MEASURES. 571, such master file may be relied upon to proval, clearance, licensure, or authorization Section 319L(c)(4)(D)(iii) (42 U.S.C. 247d– support the effectiveness of a product that is of a security countermeasure, qualified 7e(c)(4)(D)(iii)) is amended by striking ‘‘and the subject of a subsequent medical counter- countermeasure, or qualified pandemic or platform technologies’’ and inserting ‘‘plat- measure submission only if such application epidemic product, the Secretary shall pro- form technologies, technologies to admin- is supplemented by additional data or infor- vide a brief written description to the master ister countermeasures, and technologies to mation to support review and approval in a file holder regarding the elements of the ap- improve storage and transportation of coun- manner consistent with the standards appli- plication fulfilled by the data or information termeasures’’. cable to such review and approval for such within the master file and how such data or SEC. 602. UPDATING DEFINITIONS OF OTHER countermeasure, qualified countermeasure, information contained in such application TRANSACTIONS. or qualified pandemic or epidemic product. meets the standards of evidence under sub- Section 319L (42 U.S.C. 247d–7e) is amend- ‘‘(b) MEDICAL COUNTERMEASURE MASTER section (c) or (d) of section 505, subsection (d) ed— FILE CONTENT.— of section 512, or section 351 of the Public (1) in subsection (a)(3), by striking ‘‘, such ‘‘(1) IN GENERAL.—A master file under this Health Service Act (as applicable), which as’’ and all that follows through ‘‘Code’’; and section may include data or information to shall not include any trade secret or con- (2) in subsection (c)(5)(A)— support— fidential commercial information.

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‘‘(e) RULES OF CONSTRUCTION.—Nothing in tion with the Assistant Secretary for Pre- (4) The extent to which the guidance issued this section shall be construed to— paredness and Response, shall solicit input under section 565(c) of the Federal Food, ‘‘(1) limit the authority of the Secretary to from stakeholders, including stakeholders Drug, and Cosmetic Act (21 U.S.C. 360bbb– approve, license, clear, conditionally ap- developing security countermeasures, quali- 4(c)), entitled, ‘‘Product Development Under prove, or authorize drugs, biological prod- fied countermeasures, or qualified pandemic the Animal Rule: Guidance for Industry’’ ucts, or devices pursuant to, as applicable, or epidemic products, and stakeholders de- (issued in October 2015), has assisted in this Act or section 351 of the Public Health veloping technologies to assist in the devel- achieving the purposes described in para- Service Act (as such applicable Act is in ef- opment of such countermeasures with re- graphs (1), (2), and (3). fect on the day before the date of enactment spect to how the Food and Drug Administra- (b) CONSULTATIONS.—In conducting the of the Pandemic and All-Hazards Prepared- tion can advance the use of tools and tech- study under subsection (a), the Comptroller ness and Advancing Innovation Act of 2019), nologies to support and advance the develop- General of the United States shall consult including the standards of evidence, and ap- ment or manufacture of security counter- with— plicable conditions, for approval under the measures, qualified countermeasures, and (1) the Federal agencies responsible for ad- applicable Act; qualified pandemic or epidemic products, in- vancing, reviewing, and procuring medical ‘‘(2) alter the standards of evidence with cluding through reliance on cross-referenced countermeasures, including the Office of the respect to approval, licensure, or clearance, data and information contained within mas- Assistant Secretary for Preparedness and as applicable, of drugs, biological products, ter files and submissions previously sub- Response, the Biomedical Advanced Re- or devices under this Act or section 351 of mitted to the Secretary as set forth in sec- search and Development Authority, the Food the Public Health Service Act, including, as tion 565B of the Federal Food, Drug, and Cos- and Drug Administration, and the Depart- applicable, the substantial evidence stand- metic Act, as added by subsection (b). ment of Defense; ards under sections 505(d) and 512(d) or this (d) GUIDANCE.—Not later than 2 years after (2) manufacturers involved in the research Act and section 351(a) of the Public Health the date of enactment of this Act, the Sec- and development of medical counter- Service Act; or retary, acting through the Commissioner of measures to address biological, chemical, ra- ‘‘(3) alter the authority of the Secretary Food and Drugs, shall publish draft guidance diological, or nuclear threats; and under this Act or the Public Health Service about how reliance on cross-referenced data (3) other biodefense stakeholders, as appli- Act to determine the types of data or infor- and information contained within master cable. mation previously submitted by a sponsor or files under section 565B of the Federal Food, (c) REPORT.—Not later than 3 years after any other person that may be incorporated Drug, and Cosmetic Act, as added by sub- the date of enactment of this Act, the Comp- by reference in an application, request, or section (b) or submissions otherwise sub- troller General of the United States shall notification for a drug, biological product, or mitted to the Secretary may be used for spe- submit to the Committee on Health, Edu- device submitted under sections 505(i), 505(b), cific tools or technologies (including plat- cation, Labor, and Pensions of the Senate 505(j), 512(b)(1), 512(b)(2), 512(j), 564, 571, 520(g), form technologies) that have the potential to and the Committee on Energy and Commerce 515(c), 513(f)(2), or 510(k) of this Act, or sub- support and advance the development or of the House of Representatives a report con- section (a) or (k) of section 351 of the Public manufacture of security countermeasures, taining the results of the study conducted Health Service Act, including a supplement qualified countermeasures, and qualified under subsection (a) and recommendations or amendment to any such submission, and pandemic or epidemic products. The Sec- to improve the application and consistency the requirements associated with such ref- retary, acting through the Commissioner of of the requirements under subsections (c) erence. Food and Drugs, shall publish the final guid- and (d) of section 565 of the Federal Food, ‘‘(f) DEFINITIONS.—In this section: ance not later than 3 years after the enact- Drug, and Cosmetic Act (21 U.S.C. 360bbb–4) ‘‘(1) The term ‘master file holder’ means a ment of this Act. to support and expedite the research and de- person who submits data and information to SEC. 604. ANIMAL RULE REPORT. velopment of medical countermeasures, as the Secretary with the intent to reference or (a) STUDY.—The Comptroller General of applicable. ROTECTION OF NATIONAL SECURITY.— authorize another person to reference such the United States shall conduct a study on (d) P The Comptroller General of the United data or information to support a medical the application of the requirements under States shall conduct the study and issue the countermeasure submission, as described in subsections (c) and (d) of section 565 of the of assessment and report under this section in subsection (a). the Federal Food, Drug, and Cosmetic Act a manner that does not compromise national (21 U.S.C. 360bbb–4) (referred to in this sec- ‘‘(2) The term ‘medical countermeasure security. submission’ means an investigational new tion as the ‘‘animal rule’’) as a component of medical countermeasure advanced develop- SEC. 605. REVIEW OF THE BENEFITS OF GENOMIC drug application under section 505(i), a new ENGINEERING TECHNOLOGIES AND drug application under section 505(b), or an ment under the Biomedical Advanced Re- THEIR POTENTIAL ROLE IN NA- abbreviated new drug application under sec- search and Development Authority and regu- TIONAL SECURITY. tion 505(j) of this Act, a biological product li- latory review by the Food and Drug Admin- (a) MEETING.— cense application under section 351(a) of the istration. In conducting such study, the (1) IN GENERAL.—Not later than 1 year after Public Health Service Act or a biosimilar bi- Comptroller General shall examine the fol- the date of enactment of this Act, the Sec- ological product license application under lowing: retary of Health and Human Services (re- section 351(k) of the Public Health Service (1) The extent to which advanced develop- ferred to in this section as the ‘‘Secretary’’) Act, a new animal drug application under ment and review of a medical counter- shall convene a meeting to discuss the poten- section 512(b)(1) or abbreviated new animal measure are coordinated between the Bio- tial role advancements in genomic engineer- drug application under section 512(b)(2), an medical Advanced Research and Develop- ing technologies (including genome editing application for conditional approval of a new ment Authority and the Food and Drug Ad- technologies) may have in advancing na- animal drug under section 571, an investiga- ministration, including activities that facili- tional health security. Such meeting shall be tional device application under section tate appropriate and efficient design of stud- held in a manner that does not compromise 520(g), an application with respect to a de- ies to support approval, licensure, and au- national security. vice under section 515(c), a request for classi- thorization under the animal rule, consistent (2) ATTENDEES.—The attendees of the meet- fication of a device under section 513(f)(2), a with the recommendations in the animal ing under paragraph (1)— notification with respect to a device under rule guidance, issued pursuant to section (A) shall include— section 510(k), or a request for an emergency 565(c) of the Federal Food, Drug, and Cos- (i) representatives from the Office of the use authorization under section 564 to sup- metic Act (21 U.S.C. 360bbb–4(c)) and entitled Assistant Secretary for Preparedness and port— ‘‘Product Development Under the Animal Response, the National Institutes of Health, ‘‘(A) the approval, licensure, classification, Rule: Guidance for Industry’’ (issued in Octo- the Centers for Disease Control and Preven- clearance, conditional approval, or author- ber 2015), to resolve discrepancies in the de- tion, and the Food and Drug Administration; ization of a security countermeasure, quali- sign of adequate and well-controlled efficacy and fied countermeasure, or qualified pandemic studies conducted in animal models related (ii) representatives from academic, private, or epidemic product; or to the provision of substantial evidence of ef- and nonprofit entities with expertise in ge- ‘‘(B) a new indication to an approved secu- fectiveness for the product approved, li- nome engineering technologies, biopharma- rity countermeasure, qualified counter- censed, or authorized under the animal rule. ceuticals, medicine, or biodefense, and other measure, or qualified pandemic or epidemic (2) The consistency of the application of relevant stakeholders; and product. the animal rule among and between review (B) may include— ‘‘(3) The terms ‘qualified countermeasure’, divisions within the Food and Drug Adminis- (i) other representatives from the Depart- ‘security countermeasure’, and ‘qualified tration. ment of Health and Human Services, as the pandemic or epidemic product’ have the (3) The flexibility pursuant to the animal Secretary determines appropriate; and meanings given such terms in sections 319F– rule to address variations in countermeasure (ii) representatives from the Department 1, 319F–2, and 319F–3, respectively, of the development and review processes, including of Homeland Security, the Department of Public Health Service Act.’’. the extent to which qualified animal models Defense, the Department of Agriculture, and (c) STAKEHOLDER INPUT.—Not later than 18 are adopted and used within the Food and other departments, as the Secretary may re- months after the date of enactment of this Drug Administration in regulatory decision- quest for the meeting. Act, the Secretary, acting through the Com- making with respect to medical counter- (3) TOPICS.—The meeting under paragraph missioner of Food and Drugs and in consulta- measures. (1) shall include a discussion of—

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(A) the current state of the science of (II) in clause (iii), by striking the semi- (e) LIMITED ANTITRUST EXEMPTION.— genomic engineering technologies related to colon at the end and inserting ‘‘, including (1) IN GENERAL.—Section 405 of the Pan- national health security, including— an emerging infectious mosquito-borne dis- demic and All-Hazards Preparedness Act (i) medical countermeasure development, ease that presents a serious public health (Public Law 109–417; 42 U.S.C. 247d–6a note) is including potential efficiencies in the devel- threat; or’’; and amended— opment pathway and detection technologies; (III) by adding at the end the following: (A) in subsection (a)(1)(A)— and ‘‘(iv) a public health emergency due to the (i) by striking ‘‘Secretary of Health and (ii) the international and domestic regula- incidence or prevalence of a mosquito-borne Human Services (referred to in this sub- tion of products utilizing genome editing disease that presents a serious public health section as the ‘Secretary’)’’ and inserting technologies; and threat;’’; and ‘‘Secretary’’; (B) national security implications, includ- (ii) by amending subparagraph (D) to read (ii) by striking ‘‘of the Public Health Serv- ing— as follows: ice Act (42 U.S.C. 247d–6b)) (as amended by (i) capabilities of the United States to le- ‘‘(D)(i) is located in a State that has re- this Act’’; verage genomic engineering technologies as ceived a grant under subsection (a); or (iii) by striking ‘‘of the Public Health a part of the medical countermeasure enter- ‘‘(ii) that demonstrates to the Secretary Service Act (42 U.S.C. 247d–6a)) (as amended prise, including current applicable research, that the control program is consistent with by this Act’’; and development, and application efforts under- existing State mosquito control plans or (iv) by striking ‘‘of the Public Health Serv- way within the Department of Defense; policies, or other applicable State prepared- ice Act (42 U.S.C. 247d–6d)’’; (ii) the potential for state and non-state ness plans.’’; (B) in subsection (b), by striking ‘‘12-year’’ actors to utilize genomic engineering tech- (C) in paragraph (4)(C), by striking ‘‘that and inserting ‘‘17-year’’; nologies as a national health security threat; extraordinary’’ and all that follows through (C) by redesignating such section 405 as and the period at the end and inserting the fol- section 319L–1; and (iii) security measures to monitor and as- lowing: ‘‘that— (D) by transferring such section 319L–1, as sess the potential threat that may result ‘‘(i) extraordinary economic conditions in redesignated, to the Public Health Service from utilization of genomic engineering the political subdivision or consortium of po- Act (42 U.S.C. 201 et seq.), to appear after technologies and related technologies for the litical subdivisions involved justify the waiv- section 319L of such Act (42 U.S.C. 247d–7e). purpose of compromising national health se- er; or (2) CONFORMING AMENDMENTS.— curity. ‘‘(ii) the geographical area covered by a po- (A) TABLE OF CONTENTS.—The table of con- (b) REPORT.—Not later than 270 days after litical subdivision or consortium for a grant tents in section 1(b) of the Pandemic and All- the meeting described in subsection (a) is under paragraph (1) has an extreme mosquito Hazards Preparedness Act (Public Law 109– held, the Assistant Secretary for Prepared- control need due to— 417) is amended by striking the item related ness and Response shall issue a report to the ‘‘(I) the size or density of the potentially to section 405. congressional committees of jurisdiction on impacted human population; (B) REFERENCE.—Section 319L(c)(4)(A)(iii) the topics discussed at such meeting, and ‘‘(II) the size or density of a mosquito pop- (42 U.S.C. 247d–7e) is amended by striking provide recommendations, as applicable, to ulation that requires heightened control; or ‘‘section 405 of the Pandemic and All-Hazards utilize innovations in genomic engineering ‘‘(III) the severity of the mosquito-borne Preparedness Act’’ and inserting ‘‘section (including genome editing) and related tech- disease, such that expected serious adverse 319L–1’’. nologies as a part of preparedness and re- health outcomes for the human population (f) INAPPLICABILITY OF CERTAIN PROVI- sponse activities to advance national health justify the waiver.’’; and SIONS.—Subsection (e)(1) of section 319L (42 security. Such report shall be issued in a (D) by amending paragraph (6) to read as U.S.C. 247d–7e(e)(1)) is amended— manner that does not compromise national follows: (1) by amending subparagraph (A) to read security. ‘‘(6) NUMBER OF GRANTS.—A political sub- as follows: SEC. 606. REPORT ON VACCINES DEVELOPMENT. division or a consortium of political subdivi- ‘‘(A) NONDISCLOSURE OF INFORMATION.— Not later than one year after the date of sions may not receive more than one grant ‘‘(i) IN GENERAL.—Information described in the enactment of this Act, the Secretary of under paragraph (1).’’; and clause (ii) shall be deemed to be information Health and Human Services shall submit to (3) in subsection (f)— described in section 552(b)(3) of title 5, the Committee on Health, Education, Labor, (A) in paragraph (1) by striking ‘‘for fiscal United States Code. and Pensions of the Senate and the Com- year 2003, and such sums as may be necessary ‘‘(ii) INFORMATION DESCRIBED.—The infor- mittee on Energy and Commerce of the for each of fiscal years 2004 through 2007’’ mation described in this clause is informa- House of Representatives a report describing and inserting ‘‘for each of fiscal years 2019 tion relevant to programs of the Department efforts and activities to coordinate with through 2023’’; of Health and Human Services that could other countries and international partners (B) in paragraph (2), by striking ‘‘the Pub- compromise national security and reveal sig- during recent public health emergencies lic Health Security and Bioterrorism Pre- nificant and not otherwise publicly known with respect to the research and advanced paredness and Response Act of 2002’’ and in- vulnerabilities of existing medical or public research on, and development of, qualified serting ‘‘this Act and other medical and pub- health defenses against chemical, biological, pandemic or epidemic products (as defined in lic health preparedness and response laws’’; radiological, or nuclear threats, and is com- section 319F–3 of the Public Health Service and prised of— Act (42 U.S.C. 247d–6d)). Such report may in- (C) in paragraph (3)— ‘‘(I) specific technical data or scientific in- clude information regarding relevant work (i) in the paragraph heading, by striking formation that is created or obtained during carried out under section 319L(c)(5)(E) of the ‘‘2004’’ and inserting ‘‘2019’’; and the countermeasure and product advanced Public Health Service Act (42 U.S.C. 247d– (ii) by striking ‘‘2004,’’ and inserting research and development carried out under 7e(c)(5)(E)), through public-private partner- ‘‘2019,’’. subsection (c); ships, and through collaborations with other (b) EPIDEMIOLOGY-LABORATORY CAPACITY ‘‘(II) information pertaining to the loca- countries to assist with or expedite the re- GRANTS.—Section 2821 (42 U.S.C. 300hh–31) is tion security, personnel, and research mate- search and development of qualified pan- amended— rials and methods of high-containment lab- demic or epidemic products. Such report (1) in subsection (a)(1), by inserting ‘‘, in- oratories conducting research with select shall not include information that may com- cluding mosquito and other vector-borne dis- agents, toxins, or other agents with a mate- promise national security. eases,’’ after ‘‘infectious diseases’’; and rial threat determination under section SEC. 607. STRENGTHENING MOSQUITO ABATE- (2) in subsection (b), by striking ‘‘2010 319F–2(c)(2); or MENT FOR SAFETY AND HEALTH. through 2013’’ and inserting ‘‘2019 through ‘‘(III) security and vulnerability assess- (a) REAUTHORIZATION OF MOSQUITO ABATE- 2023’’. ments.’’; MENT FOR AFETY AND EALTH ROGRAM (2) by redesignating subparagraph (C) as S H P .— TITLE VII—MISCELLANEOUS PROVISIONS Section 317S (42 U.S.C. 247b–21) is amended— subparagraph (D); (1) in subsection (a)(1)(B)— SEC. 701. REAUTHORIZATIONS AND EXTENSIONS. (3) by inserting after subparagraph (B) the (A) by inserting ‘‘including programs to (a) VETERANS AFFAIRS.—Section 8117(g) of following: title 38, United States Code, is amended by address emerging infectious mosquito-borne ‘‘(C) REPORTING.—One year after the date striking ‘‘2014 through 2018’’ and inserting diseases,’’ after ‘‘subdivisions for control of enactment of the Pandemic and All-Haz- ‘‘2019 through 2023’’. programs,’’; and ards Preparedness and Advancing Innovation (b) VACCINE TRACKING AND DISTRIBUTION.— (B) by inserting ‘‘or improving existing Section 319A(e) (42 U.S.C. 247d–1(e)) is amend- Act of 2019, and annually thereafter, the Sec- control programs’’ before the period at the ed by striking ‘‘2014 through 2018’’ and in- retary shall report to the Committee on end; serting ‘‘2019 through 2023’’. Health, Education, Labor, and Pensions of (2) in subsection (b)— (c) TEMPORARY REASSIGNMENT.—Section the Senate and the Committee on Energy (A) in paragraph (1), by inserting ‘‘, includ- 319(e)(8) (42 U.S.C. 247d(e)(8)) is amended by and Commerce of the House of Representa- ing improvement,’’ after ‘‘operation’’; striking ‘‘2018’’ and inserting ‘‘2023’’. tives on the number of instances in which (B) in paragraph (2)— (d) STRATEGIC INNOVATION PARTNER.—Sec- the Secretary has used the authority under (i) in subparagraph (A)— tion 319L(c)(4)(E)(ix) (42 U.S.C. 247d– this subsection to withhold information from (I) in clause (ii), by striking ‘‘or’’ at the 7e(c)(4)(E)(ix)) is amended by striking ‘‘2022’’ disclosure, as well as the nature of any re- end; and inserting ‘‘2023’’. quest under section 552 of title 5, United

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LOCATION OF MATERIALS IN THE Education, Labor, and Pensions of the Sen- epidemic product, as defined in sections STOCKPILE. ate, and other relevant congressional com- 319F–1, 319F–2, and 319F–3, respectively, of Subsection (d) of section 319F–2 (42 U.S.C. mittees— the Public Health Service Act, any informa- 247d–6b) is amended to read as follows: (1) a formal strategy, including inter- tion that the Secretary determines has a sig- ‘‘(d) DISCLOSURES.—No Federal agency may departmental actions and efforts to reunify nificant potential to affect national secu- disclose under section 552 of title 5, United children with their parents or guardians, in rity. States Code any information identifying the all cases in which such children have been ‘‘(B) PUBLIC ACKNOWLEDGMENT.—In the case location at which materials in the stockpile separated from their parents or guardians as that the Secretary, pursuant to subpara- described in subsection (a) are stored, or a result of the initiative announced on April graph (A)(ii), does not make information other information regarding the contents or 6, 2018, and due to prosecution under section publicly available, the Secretary shall pro- deployment capability of the stockpile that 275(a) of the Immigration and Nationality vide on the internet website of the Food and could compromise national security.’’. Act (8 U.S.C. 1325(a)), if the parent or guard- Drug Administration an acknowledgment of SEC. 703. CYBERSECURITY. ian chooses such reunification and the the information that has not been disclosed, (a) STRATEGY FOR PUBLIC HEALTH PRE- child— pursuant to subparagraph (A)(ii).’’. PAREDNESS AND RESPONSE TO CYBERSECURITY (A) was separated from a parent or guard- Mr. MCCONNELL. I ask unanimous THREATS.— ian and placed into a facility funded by the consent that the motion to reconsider (1) STRATEGY.—Not later than 18 months Department of Health and Human Services; be considered made and laid upon the after the date of enactment of this Act, the (B) as of the date of the enactment of this table. Secretary of Health and Human Services (re- Act, remains in the care of the Department The PRESIDING OFFICER. Without ferred to in this section as the ‘‘Secretary’’) of Health and Human Services; and objection, it is so ordered. shall prepare and submit to the relevant (C) can be safely reunited with such parent committees of Congress a strategy for public or guardian; and f health preparedness and response to address (2) a report on challenges and deficiencies DEBBIE SMITH ACT OF 2019 cybersecurity threats (as defined in section related to the oversight of, and care for, un- 102 of Cybersecurity Information Sharing accompanied alien children and appro- Mr. MCCONNELL. Mr. President, I Act of 2015 (6 U.S.C. 1501)) that present a priately reuniting such children with their ask unanimous consent the Senate pro- threat to national health security. Such parents or guardians, and the actions taken ceed to the immediate consideration of strategy shall include— to address any challenges and deficiencies Calendar No. 80, S. 820. (A) identifying the duties, functions, and related to unaccompanied alien children in The PRESIDING OFFICER. The preparedness goals for which the Secretary is the custody of the Department of Health and clerk will report the bill by title. responsible in order to prepare for and re- Human Services, including deficiencies iden- The senior assistant legislative clerk spond to such cybersecurity threats, includ- tified and publicly reported by Congress, the read as follows: ing metrics by which to measure success in Government Accountability Office, or the in- A bill (S. 820) to strengthen programs au- meeting preparedness goals; spectors general of the Department of Health thorized under the Debbie Smith Act of 2004. (B) identifying gaps in public health capa- and Human Services or other Federal depart- bilities to achieve such preparedness goals; ments. There being no objection, the Senate and SEC. 705. TECHNICAL AMENDMENTS. proceeded to consider the bill, which (C) strategies to address identified gaps (a) PUBLIC HEALTH SERVICE ACT.—Title III had been reported from the Committee and strengthen public health emergency pre- (42 U.S.C. 241 et seq.) is amended— on the Judiciary, with amendments, as paredness and response capabilities to ad- (1) in paragraphs (1) and (5) of section 319F– follows: dress such cybersecurity threats. 1(a) (42 U.S.C. 247d–6a(a)), by striking ‘‘sec- (The parts of the bill intended to be (2) PROTECTION OF NATIONAL SECURITY.— tion 319F(h)’’ each place such term appears stricken are shown in boldface brack- The Secretary shall make such strategy and inserting ‘‘section 319F(e)’’; and ets and the parts of the bill intended to available to the Committee on Health, Edu- (2) in section 319K(a) (42 U.S.C. 247d–7d(a)), be inserted are shown in italics.) cation, Labor, and Pensions of the Senate, by striking ‘‘section 319F(h)(4)’’ and insert- S. 820 the Committee on Energy and Commerce of ing ‘‘section 319F(e)(4)’’. Be it enacted by the Senate and House of Rep- the House of Representatives, and other con- (b) PUBLIC HEALTH SECURITY GRANTS.—Sec- gressional committees of jurisdiction, in a resentatives of the United States of America in tion 319C–1(b)(2) (42 U.S.C. 247d–3a(b)(2)) is Congress assembled, manner that does not compromise national amended— SECTION 1. SHORT TITLE. security. (1) in subparagraph (C), by striking ‘‘indi- (b) COORDINATION OF PREPAREDNESS FOR This Act may be cited as the ‘‘Debbie viduals,,’’ and inserting ‘‘individuals,’’; and Smith Act of 2019’’. AND RESPONSE TO ALL-HAZARDS PUBLIC (2) in subparagraph (F), by striking ‘‘make SEC. 2. DNA BACKLOG GRANT PROGRAM IM- HEALTH EMERGENCIES.—Subparagraph (D) of satisfactory annual improvement and de- section 2811(b)(4) (42 U.S.C. 300hh–10(b)(4)) is PROVEMENT. scribe’’ and inserting ‘‘makes satisfactory Section 2 of the DNA Analysis Backlog amended to read as follows: annual improvement and describes’’. Elimination Act of 2000 (34 U.S.C. 40701) is ‘‘(D) POLICY COORDINATION AND STRATEGIC (c) EMERGENCY USE INSTRUCTIONS.—Sub- amended— DIRECTION.—Provide integrated policy co- paragraph (A) of section 564A(e)(2) of the (1) in subsection (a)— ordination and strategic direction, before, Federal Food, Drug, and Cosmetic Act (21 (A) in paragraph (2), by striking ‘‘includ- during, and following public health emer- U.S.C. 360bbb–3a(e)(2)) is amended by strik- ing’’ and inserting ‘‘prioritizing, to the ex- gencies, with respect to all matters related ing ‘‘subsection (a)(1)(C)(i)’’ and inserting tent practicable consistent with public safe- to Federal public health and medical pre- ‘‘subsection (a)(1)(C)’’. ty considerations’’; and paredness and execution and deployment of (d) PRODUCTS HELD FOR EMERGENCY USE.— (B) in paragraph (8), by striking ‘‘includ- the Federal response for public health emer- Section 564B(2) of the Federal Food, Drug, ing’’ and inserting ‘‘in particular,’’; gencies and incidents covered by the Na- and Cosmetic Act (21 U.S.C. 360bbb–3b) is (2) in subsection (b)— tional Response Plan described in section amended— (A) in paragraph (6), by striking ‘‘and’’ at 504(a)(6) of the Homeland Security Act of (1) in subparagraph (B), by inserting a the end; 2002 (6 U.S.C. 314(a)(6)), or any successor comma after ‘‘505’’; and (B) in paragraph (7), by striking the period plan; and such Federal responses covered by (2) in subparagraph (C), by inserting ‘‘or at the end and inserting ‘‘; and’’; and the National Cybersecurity Incident Re- section 564A’’ before the period at the end. (C) by adding at the end the following: sponse Plan developed under section 228(c) of (e) TRANSPARENCY.—Section 507(c)(3) of the ‘‘(8) provide assurances that the DNA sec- the Homeland Security Act of 2002 (6 U.S.C. Federal Food, Drug, and Cosmetic Act (21 tion of the laboratory to be used to conduct 149(c)), including public health emergencies U.S.C. 357(c)(3)) is amended— DNA analyses has a written policy that or incidents related to cybersecurity threats (1) by striking ‘‘Nothing in’’ and inserting prioritizes the analysis of, to the extent that present a threat to national health se- the following: practicable consistent with public safety curity.’’. ‘‘(A) IN GENERAL.—Nothing in’’; considerations, samples from homicides and SEC. 704. STRATEGY AND REPORT. (2) by inserting ‘‘or directing’’ after ‘‘au- sexual assaults.’’; Not later than 14 days after the date of the thorizing’’; (3) in subsection (c)(3)— enactment of this Act, the Secretary of (3) by striking ‘‘disclose any’’ and inserting (A) in subparagraph (B), by striking ‘‘2014 Health and Human Services, in coordination ‘‘disclose— through 2019’’ and inserting ‘‘2019 through with the Assistant Secretary for Prepared- ‘‘(i) any’’; 2024’’; and ness and Response and the Assistant Sec- (4) by striking the period and inserting ‘‘; (B) in subparagraph (C), by striking ‘‘2014 retary for the Administration on Children or’’; and through 2019’’ and inserting ‘‘2019 through and Families or other appropriate office, and (5) by adding at the end the following: 2024’’;

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.050 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 16, 2019 CONGRESSIONAL RECORD — SENATE S2947 (4) in subsection (g)— cases older than 30 days at the end of the S. 820 (A) by redesignating paragraph (1), (2), and year; Be it enacted by the Senate and House of Rep- (3) as subparagraphs (A), (B), and (C), and ad- ø‘‘(H) whether the National Institute of resentatives of the United States of America in justing the margins accordingly; Justice has defined DNA Capacity Enhance- Congress assembled, (B) by striking ‘‘Not later’’ and inserting ment and Backlog Reduction program-wide SECTION 1. SHORT TITLE. the following: goals in clear, specific, and measurable This Act may be cited as the ‘‘Debbie ‘‘(1) IN GENERAL.—Not later’’; and terms; and Smith Act of 2019’’. ø (C) by adding at the end the following: ‘‘(I) whether the Office of Justice Pro- SEC. 2. DNA BACKLOG GRANT PROGRAM IM- ‘‘(2) IMPLEMENTATION OF PROGRAM IMPROVE- grams has fully established all appropriate PROVEMENT. MENTS.—Not later than 1 year after the date of controls related to lobbying.’’; and¿ Section 2 of the DNA Analysis Backlog enactment of the Debbie Smith Act of 2019— ‘‘(4) GAO REPORT.—Not later than 180 days Elimination Act of 2000 (34 U.S.C. 40701) is ‘‘(A) the Director of the National Institute of after the end of the third fiscal year beginning amended— Justice shall— after the date of enactment of the Debbie Smith (1) in subsection (a)— ‘‘(i) define DNA Capacity Enhancement and Act of 2019, and once every 3 fiscal years there- (A) in paragraph (2), by striking ‘‘includ- Backlog Reduction program-wide goals in clear, after through fiscal year 2025, the Comptroller ing’’ and inserting ‘‘prioritizing, to the ex- specific, and measurable terms; General of the United States shall issue a report tent practicable consistent with public safe- ‘‘(ii) consistently document the goals defined on the DNA analysis workloads at laboratories ty considerations’’; and under clause (i); and that participate in the Combined DNA Index (B) in paragraph (8), by striking ‘‘includ- ‘‘(iii) use performance measures for each goal System using data available from the DNA Ca- ing’’ and inserting ‘‘in particular,’’; defined under clause (i) that fully reflect the pacity Enhancement and Backlog Reduction (2) in subsection (b)— appropriate attributes of successful performance Grant Program or other sources that— (A) in paragraph (6), by striking ‘‘and’’ at measures according to recommendations made ‘‘(A) describes, by year— the end; by the Government Accountability Office in the ‘‘(i) the total number of new crime scene DNA (B) in paragraph (7), by striking the period report entitled, ‘DNA Evidence: DOJ Should Im- analysis requests submitted to laboratories; at the end and inserting ‘‘; and’’; and ‘‘(ii) the total number of crime scene DNA prove Performance Measurement and Properly (C) by adding at the end the following: analysis requests analyzed including, to the ex- Design controls for Nationwide Grant Program’ ‘‘(8) provide assurances that the DNA sec- tent practicable and reported separately— (GAO-19-216); and tion of the laboratory to be used to conduct ‘‘(I) the number analyzed at laboratories par- DNA analyses has a written policy that ‘‘(B) the Assistant Attorney General for the ticipating in Combined DNA Index System; and Office of Justice Programs shall fully establish ‘‘(II) the number of requests outsourced and prioritizes the analysis of, to the extent all appropriate controls relating to conflicts of analyzed at private laboratories; practicable consistent with public safety interest and to lobbying as reported by the Gov- ‘‘(iii) the total number of DNA profiles from considerations, samples from homicides and ernment Accountability Office in the report en- crime scene evidence uploaded to the Combined sexual assaults.’’; titled, ‘DNA Evidence: DOJ Should Improve DNA Index System; (3) in subsection (c)(3)— Performance Measurement and Properly Design ‘‘(iv) the total number of Combined DNA (A) in subparagraph (B), by striking ‘‘2014 controls for Nationwide Grant Program’ (GAO- Index System hits and investigations aided re- through 2019’’ and inserting ‘‘2019 through 19-216). sulting from DNA profiles recovered from crime 2024’’; and ‘‘ø(2)¿(3) REPORT ON EFFECTIVENESS OF scene evidence; (B) in subparagraph (C), by striking ‘‘2014 GRANT PROGRAM.—Not later than 180 days ‘‘(v) the number of outstanding crime scene through 2019’’ and inserting ‘‘2019 through after the date on which the Comptroller Gen- DNA analysis requests at the end of each year 2024’’; eral of the United States issues the 2018 re- and the number of such outstanding requests (4) in subsection (g)— port on the DNA Capacity Enhancement and that are older than 30 days at the end of the (A) by redesignating paragraph (1), (2), and Backlog Reduction Grant Program, or 180 year; and (3) as subparagraphs (A), (B), and (C), and ad- days after the date of enactment of the ‘‘(vi) to the extent practicable, the number of justing the margins accordingly; Debbie Smith Act of 2019, whichever date is requests associated with sexual assault cases (B) by striking ‘‘Not later’’ and inserting later, the Attorney General shall submit a submitted to laboratories during the year and the following: report to the Committee on the Judiciary of the number of such requests that are older than ‘‘(1) IN GENERAL.—Not later’’; and the Senate and the Committee on the Judici- 30 days at the end of the year; and (C) by adding at the end the following: ary of the House of Representatives that— ‘‘(B) includes a determination as to— ‘‘(2) IMPLEMENTATION OF PROGRAM IMPROVE- ‘‘(A) describes any action taken by the De- ‘‘(i) whether the National Institute of Justice MENTS.—Not later than 1 year after the date partment of Justice since the release of the has defined DNA Capacity Enhancement and of enactment of the Debbie Smith Act of 2018 report on the DNA Capacity Enhance- Backlog Reduction program-wide goals as re- 2019— ment and Backlog Reduction Grant Program quired under paragraph (2)(A); and ‘‘(A) the Director of the National Institute to improve the DNA Capacity Enhancement ‘‘(ii) whether the Office of Justice Programs of Justice shall— and Backlog Reduction Grant Program based has fully established all appropriate controls re- ‘‘(i) define DNA Capacity Enhancement on the recommendations of the Comptroller lating to conflicts of interest and to lobbying as and Backlog Reduction program-wide goals General; and required under paragraph (2)(B).’’; and in clear, specific, and measurable terms; ‘‘(B) includes recommendations for reforms (5) in subsection (j), by striking ‘‘2015 ‘‘(ii) consistently document the goals de- that could enhance the effectiveness of the through 2019’’ and inserting ‘‘2019 through fined under clause (i); and program in reducing the backlog of 2024’’. ‘‘(iii) use performance measures for each unanalyzed DNA evidence in sexual assault SEC. 3. TRAINING AND EDUCATION. goal defined under clause (i) that fully re- cases. Section 303(b) of the DNA Sexual Assault flect the appropriate attributes of successful ø‘‘(3) GAO REPORT.—Not later than 180 days Justice Act of 2004 (34 U.S.C. 40722(b)) is performance measures according to rec- after the end of the third fiscal year begin- amended by striking ‘‘2015 through 2019’’ and ommendations made by the Government Ac- ning after the date of enactment of this Act, inserting ‘‘2019 through 2024’’. countability Office in the report entitled, and once every 3 fiscal years thereafter, the SEC. 4. SEXUAL ASSAULT FORENSIC EXAM ‘DNA Evidence: DOJ Should Improve Per- Comptroller General of the United States GRANTS. formance Measurement and Properly Design shall issue a report on the DNA Capacity En- Section 304(d) of the DNA Sexual Assault controls for Nationwide Grant Program’ hancement and Backlog Reduction Grant Justice Act of 2004 (34 U.S.C. 40723(d)) is (GAO–19–216); and Program describing, by year— amended by striking ‘‘2015 through 2019’’ and ‘‘(B) the Assistant Attorney General for ø‘‘(A) the total number of new DNA re- inserting ‘‘2019 through 2024’’. the Office of Justice Programs shall fully es- quests; Mr. MCCONNELL. I ask unanimous tablish all appropriate controls relating to ø ‘‘(B) the total number of cases, items, and consent that the committee-reported conflicts of interest and to lobbying as re- offender and arrestee samples analyzed; ported by the Government Accountability ø‘‘(C) the total number of DNA profiles amendments be agreed to, that the bill, Office in the report entitled, ‘DNA Evidence: uploaded to the national DNA index; as amended, be considered read a third DOJ Should Improve Performance Measure- ø‘‘(D) the total number of matches and in- time and passed, and that the motion ment and Properly Design controls for Na- vestigations aided by matches made by the to reconsider be considered made and tionwide Grant Program’ (GAO–19–216). national DNA index; laid upon the table. ‘‘(3) REPORT ON EFFECTIVENESS OF GRANT ø‘‘(E) changes in total laboratory capacity The PRESIDING OFFICER. Without PROGRAM.—Not later than 180 days after the to conduct DNA analyses as described in sub- objection, it is so ordered. date on which the Comptroller General of section (a)(3); The committee-reported amendments the United States issues the 2018 report on ø‘‘(F) the number of open DNA cases at the the DNA Capacity Enhancement and Back- end of each year and open DNA cases older were agreed to. log Reduction Grant Program, or 180 days than 30 days at the end of the year; The bill (S. 820), as amended, was or- after the date of enactment of the Debbie ø‘‘(G) the number of sexual assault cases dered to be engrossed for a third read- Smith Act of 2019, whichever date is later, submitted to the laboratory during the year ing, was read the third time, and the Attorney General shall submit a report and the number of untested sexual assault passed as follows: to the Committee on the Judiciary of the

VerDate Sep 11 2014 03:25 May 17, 2019 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.051 S16MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2948 CONGRESSIONAL RECORD — SENATE May 16, 2019 Senate and the Committee on the Judiciary ceed to the immediate consideration of amendment be agreed to, that the bill, of the House of Representatives that— Calendar No. 81, S. 998. as amended, be considered read a third ‘‘(A) describes any action taken by the De- The PRESIDING OFFICER. The time and passed, and that the motion partment of Justice since the release of the clerk will report the bill by title. 2018 report on the DNA Capacity Enhance- to reconsider be considered made and The senior assistant legislative clerk laid upon the table. ment and Backlog Reduction Grant Program read as follows: to improve the DNA Capacity Enhancement The PRESIDING OFFICER. Without and Backlog Reduction Grant Program based A bill (S. 998) to amend the Omnibus Crime objection, it is so ordered. on the recommendations of the Comptroller Control and Safe Streets Act of 1968 to ex- The committee-reported amendment General; and pand support for police officer family serv- was agreed to. ‘‘(B) includes recommendations for reforms ices, stress reduction, and suicide preven- tion, and for other purposes. The bill (S. 998), as amended, was or- that could enhance the effectiveness of the dered to be engrossed for a third read- There being no objection, the Senate program in reducing the backlog of ing, was read the third time, and proceeded to consider the bill, which unanalyzed DNA evidence in sexual assault passed as follows: cases.’’. had been reported from the Committee ‘‘(4) GAO REPORT.—Not later than 180 days on the Judiciary, with an amendment, S. 998 after the end of the third fiscal year begin- as follows: Be it enacted by the Senate and House of Rep- ning after the date of enactment of the (The part of the bill intended to be resentatives of the United States of America in Debbie Smith Act of 2019, and once every 3 inserted is shown in italics.) Congress assembled, fiscal years thereafter through fiscal year SECTION 1. SHORT TITLE. S. 998 2025, the Comptroller General of the United This Act may be cited as the ‘‘Supporting States shall issue a report on the DNA anal- Be it enacted by the Senate and House of Rep- and Treating Officers In Crisis Act of 2019’’. ysis workloads at laboratories that partici- resentatives of the United States of America in Congress assembled, SEC. 2. EXPANDING SUPPORT FOR POLICE OFFI- pate in the Combined DNA Index System CER FAMILY SERVICES, STRESS RE- using data available from the DNA Capacity SECTION 1. SHORT TITLE. DUCTION, AND SUICIDE PREVEN- Enhancement and Backlog Reduction Grant This Act may be cited as the ‘‘Supporting TION. Program or other sources that— and Treating Officers In Crisis Act of 2019’’. Part W of title I of the Omnibus Crime ‘‘(A) describes, by year— SEC. 2. EXPANDING SUPPORT FOR POLICE OFFI- Control and Safe Streets Act of 1968 (34 ‘‘(i) the total number of new crime scene CER FAMILY SERVICES, STRESS RE- U.S.C. 10491 et seq.) is amended— DUCTION, AND SUICIDE PREVEN- (1) in the part heading, by striking ‘‘FAMILY DNA analysis requests submitted to labora- TION. ’’ and inserting ‘‘ tories; Part W of title I of the Omnibus Crime SUPPORT SUPPORT FOR LAW ’’; ‘‘(ii) the total number of crime scene DNA Control and Safe Streets Act of 1968 (34 ENFORCEMENT OFFICERS AND FAMILIES analysis requests analyzed including, to the U.S.C. 10491 et seq.) is amended— (2) in section 2301 (34 U.S.C. 10491)— (A) in paragraph (2), by inserting ‘‘, includ- extent practicable and reported separately— (1) in the part heading, by striking ‘‘FAMILY ing any research and reports developed under ‘‘(I) the number analyzed at laboratories SUPPORT’’ and inserting ‘‘SUPPORT FOR LAW the Law Enforcement Mental Health and participating in Combined DNA Index Sys- ENFORCEMENT OFFICERS AND FAMILIES’’; tem; and (2) in section 2301 (34 U.S.C. 10491)— Wellness Act of 2017 (Public Law 115–113; 131 ‘‘(II) the number of requests outsourced (A) in paragraph (2), by inserting ‘‘, includ- Stat. 2276)’’ after ‘‘interested parties’’; and and analyzed at private laboratories; ing any research and reports developed under (B) in paragraph (4), by inserting ‘‘, psy- ‘‘(iii) the total number of DNA profiles the Law Enforcement Mental Health and chological services, suicide prevention,’’ from crime scene evidence uploaded to the Wellness Act of 2017 (Public Law 115–113; 131 after ‘‘stress reduction’’; Combined DNA Index System; Stat. 2276)’’ after ‘‘interested parties’’; and (3) in section 2302 (34 U.S.C. 10492), by in- ‘‘(iv) the total number of Combined DNA (B) in paragraph (4), by inserting ‘‘, psy- serting ‘‘and mental health services’’ after Index System hits and investigations aided chological services, suicide prevention,’’ ‘‘family support services’’; and resulting from DNA profiles recovered from after ‘‘stress reduction’’; (4) in section 2303 (34 U.S.C. 10493)— crime scene evidence; (3) in section 2302 (34 U.S.C. 10492), by in- (A) in subsection (b)— ‘‘(v) the number of outstanding crime serting ‘‘and mental health services’’ after (i) in paragraph (1), by inserting ‘‘officers scene DNA analysis requests at the end of ‘‘family support services’’; and and’’ after ‘‘law enforcement’’; and each year and the number of such out- (4) in section 2303 (34 U.S.C. 10493)— (ii) by amending paragraph (4) to read as standing requests that are older than 30 days (A) in subsection (b)— follows: at the end of the year; and (i) in paragraph (1), by inserting ‘‘officers ‘‘(4) Evidence-based programs to reduce ‘‘(vi) to the extent practicable, the number and’’ after ‘‘law enforcement’’; and stress, prevent suicide, and promote mental of requests associated with sexual assault (ii) by amending paragraph (4) to read as health.’’; and cases submitted to laboratories during the follows: (B) in subsection (c)— year and the number of such requests that ‘‘(4) Evidence-based programs to reduce (i) in paragraph (5), by inserting ‘‘, mental are older than 30 days at the end of the year; stress, prevent suicide, and promote mental health crisis, and suicide prevention’’ after and health.’’; and ‘‘family crisis’’; ‘‘(B) includes a determination as to— (B) in subsection (c)— (ii) in paragraph (6), by striking ‘‘the ‘‘(i) whether the National Institute of Jus- (i) in paragraph (5), by inserting ‘‘, mental human immunodeficiency virus’’ and insert- tice has defined DNA Capacity Enhancement health crisis, and suicide prevention’’ after ing ‘‘infectious disease’’; and Backlog Reduction program-wide goals ‘‘family crisis’’; (iii) in paragraph (8), by inserting ‘‘, in- as required under paragraph (2)(A); and (ii) in paragraph (6), by striking ‘‘the jured, or permanently disabled’’ after ‘‘(ii) whether the Office of Justice Pro- human immunodeficiency virus’’ and insert- ‘‘killed’’; and grams has fully established all appropriate ing ‘‘infectious disease’’; (iv) by striking paragraph (10) and insert- controls relating to conflicts of interest and (iii) in paragraph (8), by inserting ‘‘, in- ing the following: to lobbying as required under paragraph jured, or permanently disabled’’ after ‘‘(10) Specialized training for identifying, (2)(B).’’; and ‘‘killed’’; and reporting, and responding to officer mental (5) in subsection (j), by striking ‘‘2015 (iv) by striking paragraph (10) and insert- health crises and suicide. through 2019’’ and inserting ‘‘2019 through ing the following: ‘‘(11) Technical assistance and training to 2024’’. ‘‘(10) Specialized training for identifying, support any or all of the services described SEC. 3. TRAINING AND EDUCATION. reporting, and responding to officer mental in paragraphs (1) through (10).’’. Section 303(b) of the DNA Sexual Assault health crises and suicide. SEC. 3. REAUTHORIZING GRANT PROGRAMS FOR Justice Act of 2004 (34 U.S.C. 40722(b)) is ‘‘(11) Technical assistance and training to SUPPORTING LAW ENFORCEMENT OFFICERS AND FAMILIES. amended by striking ‘‘2015 through 2019’’ and support any or all of the services described Section 1001(a)(21) of title I of the Omnibus inserting ‘‘2019 through 2024’’. in paragraphs (1) through (10).’’. SEC. 4. SEXUAL ASSAULT FORENSIC EXAM Crime Control and Safe Streets Act of 1968 SEC. 3. REAUTHORIZING GRANT PROGRAMS FOR (34 U.S.C. 10261(a)(21)) is amended to read as GRANTS. SUPPORTING LAW ENFORCEMENT Section 304(d) of the DNA Sexual Assault OFFICERS AND FAMILIES. follows: Justice Act of 2004 (34 U.S.C. 40723(d)) is Section 1001(a)(21) of title I of the Omnibus ‘‘(21) There are authorized to be appro- amended by striking ‘‘2015 through 2019’’ and Crime Control and Safe Streets Act of 1968 priated to carry out part W, $7,500,000 for inserting ‘‘2019 through 2024’’. (34 U.S.C. 10261(a)(21)) is amended to read as each of fiscal years 2020 through 2024.’’. f follows: f ‘‘(21) There are authorized to be appro- SUPPORTING AND TREATING priated to carry out part W, $7,500,000 for ORDERS FOR MONDAY, MAY 20, OFFICERS IN CRISIS ACT OF 2019 each of fiscal years 2020 through 2024.’’. 2019 Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. I ask unanimous Mr. MCCONNELL. Mr. President, I ask unanimous consent the Senate pro- consent that the committee-reported ask unanimous consent that when the

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CELEBRATING THE LIFE OF DR. napped while doing primate research at HONORING THE SPANISH COMMU- DAVID A. HAMBURG Gombe National Park, Tanzania. NITY CENTER ON ITS 50TH ANNI- Dr. Hamburg often said that he ‘‘grew up in VERSARY HON. NANCY PELOSI the shadow of the Holocaust,’’ and was moti- OF CALIFORNIA vated in his work by his grandfather’s experi- HON. BILL FOSTER IN THE HOUSE OF REPRESENTATIVES ence fleeing anti-Semitic pogroms in Latvia OF ILLINOIS and later bringing an estimated 50 relatives to Thursday, May 16, 2019 IN THE HOUSE OF REPRESENTATIVES America to escape the Nazi regime. This Thursday, May 16, 2019 Ms. PELOSI. Madam Speaker, I rise today ‘‘firsthand knowledge [on] how brutal people to honor the extraordinary life and enduring could be’’ would be a powerful beacon for him, Mr. FOSTER. Madam Speaker, I rise today legacy of a giant of humanitarianism and a as he sought to bring resolution, cooperation to recognize the Spanish Community Center’s leader of conscience, who made lasting, life- and healing to the world. His enduring con- 50th anniversary. saving contributions to the cause of eradi- tributions to turn that painful legacy into a The Spanish Community Center in Joliet, Il- cating violent conflict and eliminating human more peaceful future for others will be a last- linois has long been a valued part of our com- suffering: Dr. David Alan Hamburg. ing blessing for all. munity. Over 50 years ago, amid the Civil Rights movement, the Hernandez, Adler, and Trained as a physician and psychiatrist, Dr. May it be a comfort to Dr. Hamburg’s chil- Maher families began providing valuable serv- Hamburg led a career of incredible scope and dren, Eric and Margaret, his three grand- ices to the growing local migrant communities. immense impact, beginning with sweeping children, David, Rachel and Evan, and all their This local organization became the Spanish contributions made to the field of medicine loved ones that David has been reunited with Community Center in 1969. Since then, this from distinguished posts at hospitals, univer- the love of his life, Betty. May it also be a cherished institution has offered valuable so- sities, research laboratories, and scientific and comfort that so many grieve with them and cial services to residents of Joliet and the sur- public policy organizations. ‘‘Ounce of preven- pray for them during this sad time. tion, ton of cure’’ was his favorite motto, and rounding area. While the Spanish Community Center began as a response to the needs of would guide him through all his work, from dis- f ease prevention to conflict resolution. Joliet’s Latino communities, it now proudly of- Dr. Hamburg followed his pioneering schol- IN RECOGNITION OF VA–10 UNITED fers assistance to all who need it. arship on disease prevention with studies of STATES AIR FORCE ENLISTEES I would like to thank the Spanish Commu- human behavior, specializing in the evolution nity Center for its commitment to the citizens of human violence. As a recognized authority of Illinois and for its contribution to the Joliet on the study of aggression, stress and conflict, HON. JENNIFER WEXTON community. he revolutionized the worlds’ conception of OF VIRGINIA f civil conflict and warfare, led by his deep faith IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION in the need to ‘‘mobilize human ingenuity’’ for Thursday, May 16, 2019 peace. Much of his game-changing research HON. LIZZIE FLETCHER was conducted alongside his beloved wife, the Ms. WEXTON. Madam Speaker, I rise today trailblazing and renowned Dr. Beatrix Ham- OF TEXAS to recognize the 27 high school seniors from IN THE HOUSE OF REPRESENTATIVES burg. Virginia’s 10th Congressional District who plan At the helm of the prestigious Carnegie Cor- to enlist in the United States Air Force after Thursday, May 16, 2019 poration for fifteen years, Dr. Hamburg would graduation. These students have excelled over Mrs. FLETCHER. Madam Speaker, on use his belief in the power of prevention to the course of their high school careers and I Tuesday May 7, my flight was delayed due to create prosperity, as he launched initiatives for congratulate them on their graduation and the severe storms that hit Houston. I missed the advancement of civilization of a startling their future plans. the vote series which occurred that evening. scale, from early childhood education to youth Had I been present, I would have voted health to conflict resolution. He was a powerful I commend these student leaders for their courageous decision to pursue a path to serve YEA on Roll Call No. 185; and YEA on Roll and early force for the study of terrorism, vio- Call No. 186. lence and genocide, warning that for too long, their country as a member of the United f scholars had treated these global priorities as States Air Force. I rise to recognize the fol- ‘‘almost a nonsubject.’’ lowing students: Dewan Abdullah, Ishmael HONORING GARDEN GROVE’S His leadership was critical in conflict preven- Bobbitt, Mia Broady, Ivanna Jenkins, Michael FALLEN FIVE tion and mitigation efforts, including through Jones, Alexine Koiwood, Kirsten Ladestron, initiatives such as the Carnegie Commission Stefanie Marroquin, Jeremy Michaels, Kendal HON. J. LUIS CORREA on Preventing Deadly Conflict, co-chaired with Riley, Kamaryn Sablan, Adam Sibal, Ian Alli- son, Shawn Bourne, Daniel Castano, OF CALIFORNIA former Secretary of State Cyrus R. Vance, IN THE HOUSE OF REPRESENTATIVES which studied ethnic and regional conflicts in Nicholaus Featherston, Douglas Flenniken, Africa and the Balkans, and which was cited Benjamin Hayams, Guillermo Lozano, Jayden Thursday, May 16, 2019 as one of the United Nation’s ‘‘major reference Nowicki, Tim Rickard, Elijah Robinson, Sean Mr. CORREA. Madam Speaker, I rise today points’’ for peace efforts by Secretary-General Stewart, Amanda Vacher, John Zuniga- to honor the City of Garden Grove’s Fallen Ban Ki-Moon. Castaneda, Corbin Tucker, and Dallas Tucker. Five: Sergeant Myron L. Trapp, Officer Andy He was a respected voice among our col- The students were recognized at a cere- Reese, Officer Donald F. Reed, Officer Mi- leagues in the Congress on nuclear non- mony conducted in Sterling, Virginia on May chael Rainford, and Master Officer Howard proliferation, which is a pillar of America’s na- 16, 2019, by the Northern Virginia chapter of Dallies, Jr.—the officers Garden Grove has tional security. His work to develop and pass Our Community Salutes and the Blue Star lost in the line of duty. the vital Nunn-Lugar. Amendment has helped Mothers of Northern Virginia. On October 6, 1959, Sergeant Myron L. keep America and our allies strong and safe. Madam Speaker, I ask that my colleagues Trapp was responding to a call involving a I had the privilege of learning from Dr. Ham- join me in recognizing and applauding these man who was angry about the noise from road burg when we served on the Board of the students and their families on their pursuits work on his street. Trapp was trying to talk the Leakey Foundation for the Study of Human and wish them the best as they set forth to man out of his house when a fellow officer ap- Origins. Once again he would demonstrate his begin the process of learning to defend our proached the front door. The man fired his rifle leadership when he courageously obtained the great nation and remember that we owe those through the door. He missed the first officer release of the Stanford students who were kid- who serve a debt of gratitude. but struck and killed Trapp.

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

VerDate Sep 11 2014 06:48 May 17, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MY8.001 E16MYPT1 dlhill on DSKBBY8HB2PROD with REMARKS E608 CONGRESSIONAL RECORD — Extensions of Remarks May 16, 2019 Officer Andy Reese, a reserve officer, was great nation and remember that we owe those the surrounding community and congregation. directing traffic during the Strawberry Festival who serve a debt of gratitude. Because of their dedicated efforts, Nelson on May 30, 1970 when an impatient driver f Chapel AME Church is the lead church in the sped past slow-moving traffic and hit Reese, Thomasville/Bainbridge District of the South killing him. IN RECOGNITION OF NELSON Georgia Annual Conference, Sixth Episcopal On June 7, 1980, Officer Donald Reed and CHAPEL AFRICAN METHODIST District of the African Methodist Episcopal three fellow officers entered a bar to serve a EPISCOPAL CHURCH’S 150TH AN- Church. man with an arrest warrant. Reed was escort- NIVERSARY The story of Nelson Chapel AME Church, ing him out the back door when the man drew which recounts a long history of a group of be- and fired a semi-automatic handgun. Reed HON. SANFORD D. BISHOP, JR. lievers coming together through the good and was struck in the chest and killed. OF GEORGIA difficult times to praise and worship the Lord, Officer Michael Rainford was conducting a IN THE HOUSE OF REPRESENTATIVES is truly an inspiring one of the dedication and routine traffic stop on a Garden Grove Free- Thursday, May 16, 2019 perseverance of a faithful congregation of peo- way on-ramp while on patrol on November 7, ple who put all their love and trust in God. 1980. He was killed by a drunk driver. Mr. BISHOP of Georgia. Madam Speaker, it Madam Speaker, I ask my colleagues to join Master Officer Howard Dallies, Jr. pulled is my honor and pleasure to extend my sin- my wife, Vivian, and me, along with the over a motorcyclist on March 9, 1993. As Dal- cere congratulations to the congregation of 730,000 residents of Georgia’s Second Con- lies approached the motorcycle, the driver Nelson Chapel African Methodist Episcopal gressional District, in paying tribute to Nelson fired six shots at the officer, hitting him four (AME) Church in Bainbridge, Georgia as the Chapel AME Church in Bainbridge, Georgia times. He was rushed to the hospital, where church’s membership and leadership celebrate for its congregation’s enduring commitment to he died from his wounds. a remarkable 150 years. The congregation will each other and to our Lord and Savior Jesus For the past three decades, the city of Gar- celebrate this very significant anniversary on Christ. May their actions continue to inspire den Grove has honored the Fallen Five with a Sunday, May 19, 2019, at the church located the community in courage, in dedication, and memorial service that brings together family, at 640 Hall Street. in faith. Tracing its roots back to the post-Civil War friends, and colleagues of the fallen officers, f as well as community organizations and the era, the church was founded in 1869 when a public, to pay tribute to the lives and sacrifices group of slaves set off from their landowners’ HONORING THE MACEDONIA BAP- of these men. This year, the theme of the Call church and boldly founded their own place of TIST CHURCH ON THE OCCASION to Duty Police Memorial is ‘The Thin Blue worship. The original church was located on OF ITS 130TH ANNIVERSARY Line,’ a symbol of law enforcement solidarity. Academy Street and was operated under the These five brave men donned the uniform leadership of Rev. A. Monroe. During Rev. HON. ROSA L. DeLAURO and badge for the Garden Grove Police De- Monroe’s tenure as pastor, the church grew OF CONNECTICUT partment and they all sacrificed their lives to not only in size and in faith, but also in mem- IN THE HOUSE OF REPRESENTATIVES bership, having included several founding keep their community safe. I ask my col- Thursday, May 16, 2019 leagues to join me in honoring these officers members who were instrumental to the devel- for their service. opment of the church. Ms. DELAURO. Madam Speaker, it is with Since its founding, Nelson Chapel AME f great pride that I rise today to join the con- Church has endured several additions and gregation of the Macedonia Baptist Church of IN RECOGNITION OF VA–10 UNITED renovations, all of which help tell the story of Ansonia, Connecticut in extending my heartfelt STATES ARMY ENLISTEES the church. In 1902, the church relocated to its congratulations on the celebration of their current location on Hall Street to a property 130th Anniversary. Throughout its history, the HON. JENNIFER WEXTON donated by the late Mr. Adam Nelson. The Church and its congregation have dem- OF VIRGINIA foundation of the church was laid under the onstrated a unique commitment to serve the IN THE HOUSE OF REPRESENTATIVES esteemed leadership of the late Rev. N.L. community and ensure that the most vulner- Holmes and the building was constructed dur- able of our citizens could find comfort and re- Thursday, May 16, 2019 ing the pastorship of the late Rev. George sources in their time of need. Ms. WEXTON. Madam Speaker, I rise today Smith. In the 1970s, under the tutelage of In 1889, with the help of local businessman to recognize the 24 high school seniors from Rev. C. E. Shepherd, the congregation was Franklin Farrel, a group of local African-Amer- Virginia’s 10th Congressional District who plan motivated to construct a child development ican residents banded together to organize to enlist in the United States Army after grad- center to educate preschoolers about Christian and incorporate a mission which would soon uation. These students have excelled over the principles and academic excellence. The cen- become the Macedonia Baptist Church. In ad- course of their high school careers and I con- ter, which consisted of a fellowship hall, full dition to helping the group organize and incor- gratulate them on their graduation and their fu- kitchen, and a baptismal pool, was named for porate the mission, the Farrel family donated ture plans. the late Dr. J.H. Griffin, M.D. and was man- a beautiful stained glass window, which re- I commend these student leaders for their aged for many years as the Dr. J.H. Griffin mains even today, as well as the bell for the courageous decision to pursue a path to serve Educational Complex. In addition to the con- belfry. Over the course of the last one hun- their country as a member of the United struction of the church and child development dred thirty years, the Macedonia Baptist States Army. I rise to recognize the following center, a parsonage was built at 818 Martin Church has strengthened the bonds of faith students: Fabien Bellagamaba, Justin Cooper, Luther King Jr. Boulevard for the comfort and and friendship and has become an iconic fix- Damon Ferrell, Alicia Grogman, Christian living of the pastoral family. ture in the community. Johnston, Michael Jones, Mike Jones, Braden This ardent community of believers has ex- From its first Pastor, the Reverend Edward Kelley, Kirsten LaDestro, Airis Serrano Lara, tended its circle to include more and more Johnson, who traveled from Yonkers and was Nicholas Liebl, Daniel Morfin, Isabella members as the years have gone by, though so beloved that parishioners of all ages would Odonnell, Jahkai Robinson, Aresa Rouse, it has never lost its essential character. Today, meet him at the train station to escort him to Thomas Samborski, Jordyn Henry Sanders, the spirit and faith of its people are manifested church, to the Reverend Julian Taylor who Douglas Schouviller, Jacob Smith, Rody through the current sanctuary, which includes served the ministry for more than four dec- Torres, Naph Tali Victor, Antonio Walbey, an organ, carpeting, pulpit furniture, a modern ades; and from the Reverend V. Loma St. Branson Ward, and Tyshaun Wise. sound system, the Carillon Tower Chimes, a Clair who expanded the reach of the Mac- The students were recognized at a cere- paved parking lot, office space, and many edonia Baptist Church across the community, mony conducted in Sterling, Virginia on May other structural improvements. That same faith to today’s leadership of Pastor Alfred Lee 16, 2019, by the Northern Virginia chapter of and spirit extend beyond the church doors, in Smith, Jr., the spiritual guidance that has led Our Community Salutes and the Blue Star the presence of members who give fully of the congregation over time has not only pro- Mothers of Northern Virginia. themselves wherever they go. vided parishioners with nourishment of the Madam Speaker, I ask that my colleagues Throughout the years, a number of pastors, soul but encouraged them to make a dif- join me in recognizing and applauding these deacons, and clerks have contributed to its ference in the community as well. students and their families on their pursuits legacy, which boasts more than 300 members, The Macedonia Baptist Church has not only and wish them the best as they set forth to eight choirs, a 70-member Young People’s Di- been a center for religious worship, but a vehi- begin the process of learning to defend our vision (YPD), and many ministries to support cle through which their members could give

VerDate Sep 11 2014 06:48 May 17, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MY8.004 E16MYPT1 dlhill on DSKBBY8HB2PROD with REMARKS May 16, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E609 back to the community. Our churches play a after graduation. These students have ex- So I welcome the language included in the vital role in our communities—providing people celled over the course of their high school ca- Disaster Supplemental passed by the House, with a place to turn to for comfort when they reers and I congratulate them on their gradua- that provides a firm deadline for OMB to pub- are most in need. The Macedonia Baptist tion and their future plans. lish the Federal Register guidance for use of Church gives its members a place to find their I commend these student leaders for their funds so things can start moving. spiritual center and to solidify and support courageous decision to pursue a path to serve I am also encouraged by the provision that their values. For one hundred thirty years, the their country as a member of the United extends the 100 percent federal cost share, Macedonia Baptist Church has been a fixture States Marine Corps. I rise to recognize the which is essential for communities whose as- in our community. Through their ministry and following students: Parsa Bakhshandeh, sets and sources of revenue were affected; outreach efforts, they have left an indelible Shamar Britton, Jessica Dally, Jamaal Ells- and the language that FEMA ‘‘shall’’, rather mark on our community and continue to make worth, Andre France, Dylan Gilfedder, Aiden than just ‘‘may’’, help rebuild to better stand- a difference in the lives of others. I am proud Hall, Jason Hernandez, Riley Klug, Peter ards. There provisions benefit all affected ju- to stand today and extend my very best wish- Komara, Jessica Molnar, Christopher risdictions. es to them as they mark this milestone in their Nesseltree, Erick Orellana Hernandez, Mat- One thing we must still address is the defini- history. Happy 130th Anniversary. thew Rivera, Olga Romanenko, and Kyle tion of ‘‘critical services’’ eligible for Stafford f Winn. Act support, which today does not include im- The students were recognized at a cere- portant elements such as first responders, HONORING COPPER HILLS HIGH mony conducted in Sterling, Virginia on May nonemergency major medical services, solid SCHOOL TEACHERS STRICKEN BY 16, 2019, by the Northern Virginia chapter of waste and stormwater management, and CANCER Our Community Salutes and the Blue Star emergency supply transportation. Mothers of Northern Virginia. That is why I presented H.R. 2242, which I HON. BEN McADAMS Madam Speaker, I ask that my colleagues proposed as an amendment to H.R. 2157 but OF UTAH join me in recognizing and applauding these was not made in order, to expand the defini- IN THE HOUSE OF REPRESENTATIVES students and their families on their pursuits tion of ‘‘critical services’’ for eligibility for and wish them the best as they set forth to FEMA disaster Public Assistance. Thursday, May 16, 2019 begin the process of learning to defend our By allowing these important elements as Mr. MCADAMS. Madam Speaker, I rise great nation and remember that we owe those critical services, we can ensure that commu- today to honor two courageous teachers at a who serve a debt of gratitude. nities will not need to deal with such a burden West Jordan, Utah high school and the stu- f after having their own resources destroyed or dents and faculty members who rallied around exhausted in the initial response. them when they were stricken by cancer. SUPPORTING THE DISASTER For example, not being able to get supplies Cancer is an insidious disease that doesn’t SUPPLEMENTAL BILL out of the port to where they were needed, discriminate. It occurs in Utahns of all ages, and loss of access to major medical services, incomes, professions and ethnic backgrounds. HON. JENNIFFER GONZA´ LEZ-COLO´ N worsened the impact on the population in But students and faculty at Copper Hills High OF PUERTO RICO Puerto Rico. School in West Jordan have shown us how a IN THE HOUSE OF REPRESENTATIVES My proposal would amend the Stafford Act community stands up to this disease. Thursday, May 16, 2019 to include emergency supply transportation, Recently, Megan Butler, a physical edu- nonemergency medical, first response and se- ´ cation teacher at the school, along with 17 Miss GONZA´ LEZ-COLON of Puerto Rico. curity services, and solid waste and other faculty members, students and commu- Madam Speaker, it is urgent to pass a Dis- stormwater management among the critical nity members, all shaved their heads—as part aster Supplemental Bill. services for which Section 428 may be ap- of a ‘‘Brave to Shave’’ event. It was part of the Citizens across our nation—from California plied. I urge that my proposal receive the school’s effort to raise money for children’s to the Carolinas, from Florida to the Northern needed consideration. cancer research. But the hair itself went to- Marianas and Puerto Rico, are counting on us Madam Speaker, it is up to Congress to wards making a wig for Megan Butler, who to pass a bill that address the urgent needs continue the support for the recovery of all was diagnosed with breast cancer. The Cop- caused by natural disasters. communities affected by these disasters. Let per Hills Grizzlies raised more than $4,000. The more that passage is delayed, the us do that. Not only was the school dealing with But- longer our communities will have to wait, be- f ler’s illness, students also lost a beloved cause just passing the appropriation is the be- English teacher—Michelle Szetela—to the dis- ginning of a drawn-out process. CONGRATULATING LAKELAND ease. She was diagnosed with Stage four ad- I know my constituents are waiting, for the COMMUNITY HOSPITAL renal cancer on March 11th and died just six 600 million dollars for the Nutritional Assist- days later. Tyler Carson, vice president of the ance Program that I have long been advo- HON. ROBERT B. ADERHOLT school’s National Honor society chapter, cating, which will cover a gap in funding under OF ALABAMA shaved his head in Szetela’s honor. the supplemental appropriations made in the IN THE HOUSE OF REPRESENTATIVES All the participants said that events like this immediate aftermath of Hurricanes Irma and Thursday, May 16, 2019 empower them in the fight against a remorse- Maria. As of last month, these residents who less opponent. Their hair will grow back and have not fully recovered are already seeing a Mr. ADERHOLT. Madam Speaker, I want to someday, the money they contributed to can- decrease in benefits because we have yet to send my congratulations to the men and cer research will help produce a cure. pass a disaster bill. women of Lakeland Community Hospital in my Thank you to these heroic teachers, Megan They are also waiting, like those in many hometown of Haleyville, Alabama as it marks Butler and Michelle Szetela, for their courage, states and territories, for funds Congress al- 50 years of serving the people of Winston and strength and community leadership. ready appropriated. Marion counties and the surrounding area. f For example, after 20 months later, of some Lakeland Community Hospital first opened 42.3 Billion allocated to Puerto Rico, less than its doors to patients on Monday, May 19, IN RECOGNITION OF VA–10 UNITED half has been obligated, and only 12.6 has 1969. Known as Burdick-West Hospital for STATES MARINE CORPS ENLIST- been outlayed. many years, it was originally owned by Win- EES This funding is still being reviewed with ston County and governed by a nine-member great scrutiny by FEMA, by HUD, by the OMB hospital board. The original name came from HON. JENNIFER WEXTON Office of Regulatory Affairs. Mr. Fred Burdick, then Chairman of the Win- OF VIRGINIA The funds that have been disbursed are ston County Commission during the establish- IN THE HOUSE OF REPRESENTATIVES being used to pay for work already done or ment of the hospital, and from Haleyville busi- have strict definitions as to what these funds nesswoman, Ms. Ila West, who donated the Thursday, May 16, 2019 can be used for. property to the county on which the hospital Ms. WEXTON. Madam Speaker, I rise today Conditions and requirements that slow the sits. The hospital was a two-story structure, to recognize the 16 high school seniors from flow of funds has resulted in companies and with 32 beds served by 5 doctors. Later, a Virginia’s 10th Congressional District who plan nonprofits that did work and provided services third floor was added to the hospital to accom- to enlist in the United States Marine Corps are still waiting to get paid. modate more patients. Mr. Tillman Hill was the

VerDate Sep 11 2014 06:48 May 17, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MY8.006 E16MYPT1 dlhill on DSKBBY8HB2PROD with REMARKS E610 CONGRESSIONAL RECORD — Extensions of Remarks May 16, 2019 first hospital administrator and the hospital great nation and remember that we owe those his involvement in public service, Chancellor thrived for many years under his direction. who serve a debt of gratitude. Blumenthal has also served on multiple gov- Five decades after it opened, Lakeland f erning boards in California, including the Cali- Community Hospital is truly living up to its fornia Association for Research in Astronomy, name, as it is owned and operated by the HONORING EDGAR G. GRIFFIN the California Institute for Regenerative Medi- community. Now a 49-bed facility, under the cine, the Silicon Valley Leadership Group, and administration of Martha McCormick, the hos- HON. JUDY CHU the Monterey Bay Economic Partnership. pital is committed to providing high-quality OF CALIFORNIA Throughout his academic career, Chancellor medical care in a friendly environment. IN THE HOUSE OF REPRESENTATIVES Blumenthal’s work has led to numerous Lakeland’s medical staff includes 8 skilled Thursday, May 16, 2019 groundbreaking studies and discoveries in our physicians representing a wide range of med- understanding of galaxies and the interactions ical specialties. The hospital is also equipped Ms. JUDY CHU of California. Madam of celestial bodies. His work has transformed with some of the most advanced medical tech- Speaker, I rise today to honor the life of Edgar knowledge of concepts once seen only as nology available today and provides services G. Griffin, who passed away in April at the science fiction, including the function and be- such as CT scans, nuclear medicine, digital age of 94. Mr. Griffin was a World War II vet- havior of dark matter and how it plays a role mammography, senior care and medical de- eran, proud member of the Knights of Colum- in the shaping of the universe. His contribu- toxification. These tools help their doctors bus, and a longtime resident of California’s tions cannot be overstated. properly diagnose and treat a wide variety of 27th Congressional District. A natural leader, Chancellor Blumenthal has illnesses with greater effectiveness than ever Mr. Griffin was born in Leon Guanajato, garnered praise from his associates, cowork- before. Mexico on December 7, 1924 and emigrated ers, and students. This past year, Santa Cruz Lakeland Community Hospital is the only to Los Angeles as a teenager with his mother Mayor, Martine Watkins, declared May 9th to hospital in Winston County, Alabama. Like after the death of his father. Although he held be ‘‘George Blumenthal Day’’ in the city of many other rural hospitals, it recently faced American citizenship through his father, Mr. Santa Cruz as an annual recognition of his the threat of closure. However, due to the Griffin joined the Army to secure his mother’s scholarly and governing efforts. Chancellor hard work of the leaders such as Haleyville residency. A paratrooper in the 101st airborne Blumenthal’s decades of service make him Mayor Ken Sunseri, the Haleyville City Coun- division of the Army, Mr. Griffin survived the more than worthy of such an honor. As he cil, the Winston County Commission and citi- Normandy landing on D–Day in 1944. He was celebrates his retirement, I am proud to com- zens of Winston County, the Haleyville Win- awarded a Presidential Unit Citation for his mend Chancellor Blumenthal on his invaluable ston County Hospital Authority was created, service, as well as a Purple Heart and numer- work as an academic leader for the past four and it has partnered with Java Medical to ous other medals. At the time of his passing, decades. Madam Speaker, on behalf of the keep the hospital open and serving those in Mr. Griffin was the only surviving Mexican- Central Coast, I ask my colleagues to join me the area who need medical care. American veteran of the landing at Normandy. in thanking Chancellor Blumenthal for his con- I want to send my congratulations to the ad- After the war, Mr. Griffin returned to Cali- tribution to our community and wishing him a ministration and the leadership and staff of fornia, where he met his wife Mimi and they long and healthy retirement. Lakeland Community Hospital for their 50 raised their nine children together. After first f years of service to the citizens of the entire settling in the City of Commerce while Mr. area. I’m confident that in the years to come, Griffin worked in their Aircraft Assembly Radar RECOGNIZING BOB DOROUGH Lakeland Community Hospital will be there to Section of Hughes Aircraft, the family eventu- provide high quality healthcare that is needed ally moved to Monterey Park. There, he HON. SUSAN WILD to Winston, Marion and surrounding counties. worked as a sound and lighting engineer for OF PENNSYLVANIA f the Century Plaza Hotel, until he retired at the IN THE HOUSE OF REPRESENTATIVES age of 68. He was also an active member of IN RECOGNITION OF VA–10 UNITED the Knights of Columbus, elected Grand Night Thursday, May 16, 2019 STATES NAVY ENLISTEES four times. Ms. WILD. Madam Speaker, I rise today to Mr. Griffin was due to return to Normandy recognize Bob Dorough, a constituent of mine HON. JENNIFER WEXTON next month for the 75th anniversary of the D– from Mt. Bethel, Pennsylvania. OF VIRGINIA Day invasion. He would have been nearly a Bob’s music is universally known: genera- IN THE HOUSE OF REPRESENTATIVES century old and one of very few surviving vet- tions of children have learned about the work erans of the battle that heralded the end of that happens in this Chamber—along with Thursday, May 16, 2019 World War II. While his passing deprived him their earliest lessons in math and science— Ms. WEXTON. Madam Speaker, I rise today of that distinction, I would like to take this op- from Schoolhouse Rock, which he scored. to recognize the 14 high school seniors from portunity to honor the memory of a true Amer- Schoolhouse Rock is just one aspect of Virginia’s 10th Congressional District who plan ican hero. Bob’s legacy—his legendary seven-decade to enlist in the United States Navy after grad- f career as a jazz singer led him to play with uation. These students have excelled over the many of the greatest musicians in American course of their high school careers and I con- HONORING UNIVERSITY OF CALI- history, including Miles Davis and Charlie gratulate them on their graduation and their fu- FORNIA, SANTA CRUZ CHAN- Parker. These performances etched his re- ture plans. CELLOR GEORGE BLUMENTHAL cordings into our country’s soundtrack forever. I commend these student leaders for their A few weeks ago, Bob was posthumously courageous decision to pursue a path to serve HON. JIMMY PANETTA honored at the Kennedy Center as a recipient their country as a member of the United OF CALIFORNIA of the 2019 Jazz Master Award—our nation’s States Navy. I rise to recognize the following IN THE HOUSE OF REPRESENTATIVES highest recognition for jazz musicians. students: Luis Bolivar, Judith George, Caleb Through his family, friends, and each new Thursday, May 16, 2019 German, Keldon Jones, Hanna Lund, Adeodye generation that continues to discover the Olabisi, Joicelyn Robinson, Kyle Rustick, Mr. PANETTA. Madam Speaker, I rise today warmth of his voice and the uniquely Amer- Douglas Schouviller, Dane Singer, Ashley to honor the retiring Chancellor of University of ican music that he loved, Bob’s spirit will en- Villars, Martin Stellato, Aubrie Thompson, and California, Santa Cruz (UCSC), George dure. Muhammad Yasin. Blumenthal, for his 47 years of service to our f The students were recognized at a cere- community on the central coast of California. mony conducted in Sterling, Virginia on May His leadership has touched the lives of many, PERSONAL EXPLANATION 16, 2019, by the Northern Virginia chapter of and I am honored to acknowledge this legacy. Our Community Salutes and the Blue Star Chancellor Blumenthal’s record in education HON. SUSAN W. BROOKS Mothers of Northern Virginia. has shown him to be a distinguished pro- OF INDIANA Madam Speaker, I ask that my colleagues fessor, researcher, and leader to all on the IN THE HOUSE OF REPRESENTATIVES join me in recognizing and applauding these UCSC campus. He first joined the Astronomy students and their families on their pursuits and Astrophysics Department at UCSC in Thursday, May 16, 2019 and wish them the best as they set forth to 1972 and was appointed as Chancellor of the Mrs. BROOKS of Indiana. Madam Speaker, begin the process of learning to defend our university in 2007. Committed to expanding I was not present for the following roll call

VerDate Sep 11 2014 06:48 May 17, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MY8.009 E16MYPT1 dlhill on DSKBBY8HB2PROD with REMARKS May 16, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E611 votes. Had I been present for them, I would Salinas Rotary, Kinship Center, ASPCA, end of Sri Lanka’s thirty-year long civil war. have voted as follows: Meals on Wheels, Artichoke Festival, and This Remembrance Day is observed to re- Roll Call 203, H.R. 299, Blue Water Navy Community Christmas Dinner of Monterey. Uti- member and mark the sacrifices made by all Vietnam Veterans Act—YEA; Roll Call 204, lizing his culinary talents, Chef Jimenez has those who died, irrespective of their ethnicity, H.R. 2379, To reauthorize the Bulletproof Vest mentored and prepared our community in the civil war. Partnership Grant Program—YEA; Roll Call throughout his career. Sadly, the hope that the end of this brutal 205, Ordering the Previous Question on H. Madam Speaker, it is my honor to recognize war would usher peace in the country, and Res. 377—NAY; Roll Call 206, H. Res. 377— the incredible community service of the Amer- that Sri Lanka’s many communities would be NAY; Roll Call 207, H.R. 312, Mashpee ican Culinary Federation’s Monterey Bay reconciled with each other, has not been real- Wampanoag Tribe Reservation Reaffirmation Chapter 2019 Chef of the Year, Chef Estevan ized. The Sri Lankan government won the Act—YEA; Roll Call 208, H.R. 375, To amend Jimenez, for his tremendous contributions to war, but it has not yet won peace. The tragic the Act of June 18, 1934, to reaffirm the au- California’s 20th Congressional District. I ask Easter Sunday bombings in April and tensions thority of the Secretary of the Interior to take my distinguished colleagues to join in me in between different communities thereafter are a land into trust for Indian Tribes, and for other thanking him for all that he has done for our reminder of the divisions that still exist in the purposes.—YEA; and Roll Call 209, H.R. community on the Central Coast and con- country. 1892, Quadrennial Homeland Security Review gratulating him on this prestigious award. The current Sri Lankan government came to Technical Corrections Act—YEA. f power in 2015 with the overwhelming support f of the Tamil and Muslim communities. These RECOGNIZING LAWRENCE communities were encouraged by this govern- PERSONAL EXPLANATION GREAVES FOR HIS SERVICE AS ment’s promise to act on allegations of war SILVERDALE PORT COMMIS- crimes and crimes against humanity com- HON. EMANUEL CLEAVER SIONER mitted during the civil war, as outlined in the OF MISSOURI September 2015 report by the Office of the IN THE HOUSE OF REPRESENTATIVES HON. DEREK KILMER UN High Commissioner for Human Rights. In OF WASHINGTON response to this report, Sri Lanka and the Thursday, May 16, 2019 IN THE HOUSE OF REPRESENTATIVES United States cosponsored UN Human Rights Mr. CLEAVER. Madam Speaker, I regret- Commission Resolution 30/1, ‘‘Promoting rec- Thursday, May 16, 2019 tably missed votes on Wednesday, May 15, onciliation, accountability and human rights in 2019. I had intended to vote ‘‘yes’’ on Roll Call Mr. KILMER. Madam Speaker, I would like Sri Lanka,’’ in 2015. vote 207, ‘‘yes’’ on vote 208 and ‘‘yes’’ on to take a moment to celebrate the career of Unfortunately, the Sri Lankan government vote 209. my constituent, Mr. Lawrence Greaves. Fol- has not fulfilled the commitments it made in f lowing nearly two decades of service as a that resolution, which, if implemented, would Silverdale Port Commissioner, Mr. Greaves re- have promoted justice, peace, and reconcili- HONORING CHEF ESTEVAN cently retired from the commission, leaving be- ation in the country. This year, at the Human JIMENEZ hind an impactful legacy in our region and in Rights Council, Sri Lanka’s government once his hometown of Silverdale, Washington. again committed itself to reconciliation by co- HON. JIMMY PANETTA Mr. Greaves’ family roots were first planted sponsoring Resolution 40/1, again titled ‘‘pro- OF CALIFORNIA in Silverdale when his great-grandfather, moting reconciliation, accountability and IN THE HOUSE OF REPRESENTATIVES Charles Greaves, purchased land in what is human rights in Sri Lanka.’’ Thursday, May 16, 2019 recognized today as downtown Silverdale. Mr. I urge the Sri Lankan government to work Greaves was born and raised in Silverdale, towards implementing the provisions of the Mr. PANETTA. Madam Speaker, I rise today where his parents, Lawrence and Ellen resolutions that it has cosponsored. This will to recognize Chef Estevan Jimenez for his ex- Greaves, owned a farm and local business. help heal the deep wounds that divide various emplary community service on the central After graduating from Central Kitsap High communities in Sri Lanka. It can also help Sri coast of California. Chef Jimenez’s important School, he attended the University of Wash- Lanka keep its important commitments to the work with at-risk youth at Ranch Cielo has had ington where he earned his bachelor’s degree international community. a lasting impact on the community and con- in mechanical engineering. Mr. Greaves then f tinues to inspire young people to pursue ca- began working for the Shell Oil Company, reers in the culinary arts. Recently awarded which moved his career to Anacortes, Wash- HONORING CORNERSTONE SERV- the 2019 Chef of the Year by the American ington, and then to Wood River and Chicago, ICES ON ITS 50TH ANNIVERSARY Culinary Federation’s Monterey Bay Chapter, Illinois. Chef Jimenez exemplifies the very best of the Eventually, Mr. Greaves found his way back HON. BILL FOSTER Central Coast. to Silverdale, where he tested torpedoes at OF ILLINOIS Chef Jimenez attended the California the Naval Undersea Warfare Center Division IN THE HOUSE OF REPRESENTATIVES School of Culinary Arts’ Le Cordon Bleu pro- in Keyport. Following his retirement, Mr. Thursday, May 16, 2019 gram. He moved to Monterey shortly after Greaves began his service as a Commissioner graduating to work as a chef for Bon Appe´tit at the Port of Silverdale, where he spent the Mr. FOSTER. Madam Speaker, today I rise Management, handling the restaurants and next 20 years overseeing port facilities, as well to recognize 50 years of outstanding work by events for the Monterey Bay Aquarium. Al- as making marked improvements upon the ex- Comerstone Services in Will County, Illinois. ways exuding professionalism and expertise, pansion, improvement, and programming of On March 20, 1969 a group of community Chef Jimenez was promoted in 2007 and the Port of Silverdale. members, parents and civic leaders launched eventually moved on to the position of execu- His dedication to the community and to the the Will County Sheltered Workshop to create tive sous chef at the Ventana Inn in Big Sur. Port of Silverdale will long be recognized, and employment opportunities for adults with dis- He then returned to the Monterey Peninsula to I am especially grateful for his continued serv- abilities. Later renamed Comerstone Services, work for Aqua Terra Culinary and eventually ice to our region. Congratulations, Mr. the organization greatly expanded their serv- Rancho Cielo’s Drummond Culinary Academy. Greaves. ices as the demand for assistance grew. Over the years, Chef Jimenez has blazed a f Since the 1990s, Comerstone has extended fiery trail in the culinary industry and has al- its reach across Will and Kankakee Counties ways promoted excellence and encourage- TENTH ANNIVERSARY OF THE as they focus on moving individuals in need of ment. END OF SRI LANKA’S CIVIL WAR special assistance out of larger facilities and As executive chef of the Drummond Cul- into smaller neighborhood group homes. In inary Academy, Mr. Jimenez oversees all of HON. BRAD SHERMAN 2018, the program provided a record 187 new the culinary education programs and acts as a OF CALIFORNIA jobs for individuals with disabilities, delivering mentor to underserved and disconnected IN THE HOUSE OF REPRESENTATIVES over $1.5 million in wages. Today, youth to provide a path for a brighter future. Comerstone provides services to over 1,200 Chef Jimenez has also volunteered his time Thursday, May 16, 2019 people per day. for a variety of fundraising causes throughout Mr. SHERMAN. Madam Speaker, I rise to I would like to thank Comerstone Services Monterey County including the United Way, commemorate the tenth anniversary of the for its commitment to the citizens of Illinois

VerDate Sep 11 2014 06:48 May 17, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MY8.011 E16MYPT1 dlhill on DSKBBY8HB2PROD with REMARKS E612 CONGRESSIONAL RECORD — Extensions of Remarks May 16, 2019 and for its contribution to the communities of INTRODUCTION OF THE DUCK b. If canopies are removed, requiring that all Will and Kankakee Counties. BOAT SAFETY ACT, TO IMPLE- passengers wear a personal flotation device MENT SAFETY REGULATIONS while the vessel is on the water; f RELATED TO AMPHIBIOUS PAS- c. Permanently closing all unnecessary ac- SENGER VESSELS AND FOR cess plugs and reducing through-hull penetra- TRIBUTE TO ELLEN TAUSCHER OTHER PURPOSES tions to the minimum number and size nec- essary; HON. ANDRE´ CARSON d. Installing independently-powered electric HON. JACKIE SPEIER OF INDIANA bilge pumps; e. Installing no fewer than four independ- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES ently-powered bilge alarms; IN THE HOUSE OF REPRESENTATIVES Thursday, May 16, 2019 f. Mandating inspection of vessels in water Mr. CARSON of Indiana. Madam Speaker, I after each through-hull penetration; Thursday, May 16, 2019 am pleased to reintroduce the Duck Boat g. Verifying watertight integrity of vessels in Ms. SPEIER. Madam Speaker, I rise today Safety bill, to implement safety regulations for the water at the outset of each waterborne de- in recognition of the lifelong contributions amphibious passenger vessels. These safety parture; and h. Otherwise complying with existing Coast made by Ellen Tauscher, who led the charge recommendations were made by federal agen- Guard regulations related to the inspection, in every aspect of her life, from politics to cies to address known problems associated configuration, and operation of such vessels. world diplomacy and from Wall Street to moth- with duck boats that have resulted in far too Those vessels that do not meet the one- erhood. many injuries and fatalities. I became aware of these problems when my year deadline to implement interim safety She was a woman with strong convictions, constituents, the Coleman family, were in- measures, as well as those that do not meet a steel backbone, and an unshakable moral volved in a horrible duck boat accident on July the two-year deadline to install reserve buoy- compass. As a Democratic centrist she didn’t 19, 2018 in Branson, Missouri. Tia Coleman ancy systems, would be prohibited from oper- let party politics rule every decision and was one of only two survivors in her family of ating on U.S. waterways until they are compli- bucked a lot of trends. 11, losing her husband Glenn and her children ant. Ellen never met an obstacle she couldn’t Reece (nine years old), Evan (seven years Madam Speaker, I hope my colleagues will overcome. Frustrated as a working mother old), and Arya (one year old). Tia’s 13-year- join me in supporting this bill to make com- struggling with lack of access to quality old nephew, Donovan Coleman, was the other mon-sense corrections to the persistent safety childcare, she wrote a book to help other surviving family member, losing his mother problems facing duck boats so that no other moms and put her money and her time where Angela, his younger brother Maxwell (two family must face the kind of tragedy experi- her mouth was by founding a service to years old), his uncles Ervin (76 years old) and enced by my constituents on Table Rock screen prospective child-care providers and Butch (70 years old), and his aunt Belinda (69 Lake. I urge the House to support this bill. donating hundreds of thousands of dollars to years old). Boarding a duck boat on Table f California and Texas schools. Rock Lake started out as a fun outing for this INFRASTRUCTURE WEEK She broke new ground as one of the first family, but it turned into an unspeakable trag- women to hold a seat on the New York Stock edy when the boat capsized and sank. Seven- HON. EDDIE BERNICE JOHNSON teen of the 31 passengers on board were Exchange. At age 25, she was the youngest OF TEXAS killed. woman there ever. Ellen also was an officer IN THE HOUSE OF REPRESENTATIVES on the American Stock Exchange and worked Investigations by state and federal authori- Thursday, May 16, 2019 as an investment banker and bond trader for ties are still underway, and lawsuits are pend- 14 years before she became one of the driv- ing over the specifics of this incident. But Ms. JOHNSON of Texas. Madam Speaker, ing forces behind Sen. DIANNE FEINSTEIN’s there is a long record of problems associated I rise today to voice my support for the 7th an- successful 1992 bid for the U.S. Senate. with duck boat operations that should be ad- nual Infrastructure Week, which runs May 13 dressed now. Since 1999, more than 40 peo- through 20. America’s businesses, workers, In 1996, Ellen ran against Congressman ple have died in duck boat accidents, the vast citizens, and elected leaders from all levels of William P. Baker, the Republican incumbent, majority of them from drowning when the ves- government are all united around one mes- in a heavily conservative district in the East sel sinks. In 2002, the National Transportation sage: America’s future will be shaped by the Bay. She won the race, and the votes of many Safety Board (NTSB) issued recommendations infrastructure choices we make today. Republican women, with her common-sense to improve the safety of the vessels in cases In the 116th Congress, my fellow Transpor- campaign in favor of access to abortion, in- of flooding or sinking, but little has been done tation and Infrastructure Committee colleagues creased spending on education, gun-control to implement those measures. We know from and I are working across the aisle to achieve legislation, and focus on fiscal responsibility. these past incidents that more can be done to key objectives for the people, including cre- She served 13 years in Congress, including make these vessels safe. Congress does not ating and sustaining family-wage jobs, improv- her work in the House Armed Services Com- need to wait to act. ing the daily lives of Americans, preserving mittee, formerly known as the National Secu- While we wait to learn more about the spe- and protecting our environment, building sus- rity Committee, and as chairwoman of the cific circumstances and causes that led to the tainable and resilient communities, and ensur- Strategic Forces Subcommittee. tragedy on Table Rock Lake, this legislation ing U.S. economic competitiveness. Ellen’s interest in arms control and nuclear would implement the NTSB’s past rec- Specifically, in my home state of Texas, we weapons was a key asset during her tenure ommendations to improve the ability of duck have worked to establish milestones such as as a diplomat in the Obama Administration. boats (officially referred to as ‘‘amphibious laying the groundwork for the Texas Central She was integral to the negotiation of the New passenger vessels’’) to stay afloat in a flood- high-speed passenger rail line, which will con- Strategic Arms Reduction Treaty of 2010, ing or sinking situation. nect the fourth and fifth largest economies in which brought American and Russian nuclear Specifically, this bill would direct the Coast the country in less than 90 minutes. In Dallas, arsenals to their lowest levels in nearly 60 Guard to issue regulations within one year of there are currently over $2 billion dollars in ac- years. As Hillary Clinton said, ‘‘She made enactment to require operators of amphibious tive highway projects and an additional $1.5 American and the world safer through her passenger vessels to retrofit their vessels to billion in design-build projects. In Congres- work on arms control . . .’’ provide reserve buoyancy. Vessel operators sional District 30 alone, there are $1 billion would have no longer than two years to com- dollars’ worth of projects under construction. And she did all of this with a beautifully in- ply with the requirements. Other investments include a new 26-mile re- fectious smile that lit up any room she en- While vessel operators work to comply with gional transit passenger rail line, an airport tered. the reserve buoyancy requirements, this bill di- runway realignment project, and expansions of My heart goes out to Ellen’s daughter, Kath- rects them to implement interim measures to one of the largest inland ports as well as erine, and her other family members who lost improve vessel safety, including: major interstates and highways. These efforts her far too soon. I can only hope that they are a. Removing canopies from vessels for wa- have contributed to a $70-billion-dollar eco- able to take some comfort in knowing Ellen’s terborne operations, or replacing canopies nomic impact and nearly 67,000 jobs. legacy to make the world a better, safer place with structures that do not restrict escape in While we are focused on the need for sus- will live on. the event of flooding or sinking; tainable infrastructure, we must also highlight

VerDate Sep 11 2014 06:48 May 17, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MY8.013 E16MYPT1 dlhill on DSKBBY8HB2PROD with REMARKS May 16, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E613 the need for diversity and inclusion as well. HONORING THE CENTENNIAL OF Portsmouth’s most prized cultural centers. In We must recognize the importance of having THE TRUXTUN COMMUNITY IN 1982, Truxtun was listed on the National Reg- individuals with various backgrounds at the PORTSMOUTH, VIRGINIA ister of Historic Places. It was one of the first table, creating innovative solutions to address out of about 100 federally financed housing new transportation needs that truly help all HON. ROBERT C. ‘‘BOBBY’’ SCOTT projects during World War I, and it remains a communities. Programs such as the U.S. De- OF VIRGINIA national model for communities that are look- partment of Transportation’s Women & Girls in IN THE HOUSE OF REPRESENTATIVES ing to plan and build inclusive, pedestrian- Transportation Initiative (WITI) or the Small Thursday, May 16, 2019 friendly neighborhoods. Business Administration’s 8(a) Business De- Madam Speaker, I congratulate the resi- Mr. SCOTT of Virginia. Madam Speaker, I velopment Program are great opportunities to dents of Truxtun on their centennial celebra- rise today to commemorate a historic neigh- foster an inclusive environment that encour- tion and for helping to make Portsmouth a borhood in the Hampton Roads region of Vir- ages, supports, and celebrates our similarities great place to live and raise a family. ginia. The Historic Truxtun Community in f and differences. Portsmouth, Virginia will celebrate its centen- Above all, Infrastructure Week highlights the nial on May 18, 2019. To mark the occasion, CELEBRATING WORLD DOG DAY apparent need for investment. Our nation’s in- I would like to take a moment to highlight the 2019 frastructure is crumbling, and we can’t wait an- history of this neighborhood and recognize its other day to act. At this critical juncture, it is contributions to our community. HON. ALCEE L. HASTINGS imperative that Congress moves with expedi- The community of Truxtun was named after OF FLORIDA ency in addressing these pressing issues, as Thomas Truxtun, a Revolutionary War sailor IN THE HOUSE OF REPRESENTATIVES it is essential to the quality of life of our citi- who was known for successfully capturing Brit- Thursday, May 16, 2019 zens and the vitality of our economy. ish ships during the Revolutionary War. He went on to captain the USS Constellation and Mr. HASTINGS. Madam Speaker, it is my honor to rise today to recognize and celebrate f the USS President. There have been six United States Navy ships named in his honor. World Dog Day 2019, which will take place on Saturday, May 18th in West Hollywood, CA. SUPPLEMENTAL APPROPRIATIONS The Truxtun community sits on 43 acres of Created by my good friend, Lisa Vanderpump ACT, 2019 land within walking distance of the Norfolk Naval Shipyard in Portsmouth, Virginia. It was and the Vanderpump Dog Foundation in 2016, constructed in 1918 as a project of the U.S. World Dog Day is a day focusing on the cele- SPEECH OF Housing Corporation to address the housing bration of our furriest family members by rec- shortage for shipbuilders employed at the Nor- ognizing the impact that dogs bring to our ev- HON. AL LAWSON, JR. folk Naval Shipyard. At the time, the United eryday lives. This celebration draws attention to the amazing, empathetic creatures that OF FLORIDA States had just entered World War I and the newly developed Naval Operating Base was dogs are, while also raising awareness about IN THE HOUSE OF REPRESENTATIVES gearing up to assist with the war effort. global dog abuse that sadly still exists today. Our love for these animals, without the nec- Friday, May 10, 2019 Truxtun stands out in United States history as the first government housing project devel- essary activism, can’t protect themselves from The House in the Committee of the oped for African-Americans. The neighborhood abuse or neglect. This event is so critically im- Whole House on the state of the Union had 250 lots consisting of duplexes and five- portant in taking a stand against the abuse of had under consideration the bill (H.R. bedroom single family homes. The homes in animals and being united in the love that we 2157) making supplemental appropria- Truxtun had a distinguished style—exposed hold so dear for our beloved dogs. Sadly, dogs and other animals across our tions for the fiscal year ending Sep- rafter ends, jerkinhead roofs, and central chim- nation and around the world suffer abuse from tember 30, 2019, and for other purposes. neys. Truxtun homes also offered indoor plumbing and electricity at a time where many animal fighting, to torture, inhumane research Mr. LAWSON of Florida. Madam Chair, I people, especially African Americans, did not testing, and abuse in puppy mills. We must rise to express my support for H.R. 2157, the have access to such amenities. Despite the advocate for all animals who cannot defend Supplemental Appropriations Act of 2019. This modern architecture and amenities in Truxtun, themselves and ensure their overall well-being $17.2 billion package is essential to providing it was still a segregated community. Because and safety. critical relief to communities that were hit by of the Supreme Court’s 1896 decision in In the 115th Congress, I was proud to work natural disasters in 2018 and 2019, including Plessy v. Ferguson, Jim Crow segregation with Lisa, Dr. John Sessa, and the my Congressional District, Florida’s Fifth. laws forced blacks to reside in Truxtun while Vanderpump Dog Foundation on passing H. whites lived in their own nearby government Res. 401, a resolution urging all nations to More than seven months has passed since outlaw the dog and cat meat trade and to en- Hurricane Michael made landfall in Florida and housing project called Cradock. Those who relocated to Truxtun considered force existing laws against such trade. Their citizens are still reeling from the historic Cat- the community tightknit and vibrant. Rents steadfast leadership and unwavering commit- egory 5 storm. Our community has a long way were affordable and started at $17.50 per ment to the welfare of animals is truly inspir- to go on the road to recovery, including our month. Southern black workers were happy to ing. Passage of H. Res. 401 was a culmina- timber industry and forests. abandon their agricultural lives and start fresh tion of years of hard work and dedication. My support for this disaster supplemental with higher wages and improved working con- From the bottom of my heart, I cannot thank package comes in part because of an under- ditions. Truxtun helped transformed the Hamp- them enough, along with the thousands of ac- standing that the language within Title I of this ton Roads region and the region benefitted tivists around the country and across the bill grants the Secretary of Agriculture the dis- economically, socially and culturally. globe for all of their efforts. Lisa, John, and cretion to provide assistance to producers who The Truxtun community was developed with the Vanderpump Dog Foundation have never suffered timber loss due to Hurricanes Michael a ‘‘new urbanism’’ style and had everything a wavered in their commitment in the fight and Florence. town needed to thrive. From its own conven- against the global dog meat trade. I am hon- ience store, school and church to civic In the 11 counties in Florida hit by Hurricane ored to stand shoulder-to-shoulder with them leagues and sporting events, this town pro- Michael, more than 16,000 forest land owners to champion this effort, sending a strong sig- vided residents a place to live, play and shop nal to the world that the welfare of animals reported damage to their timber. The storm within an easy commute to the shipyard. The must be taken seriously. destroyed more than 72 million tons of timber, neighborhood had four policemen, a town As we celebrate World Dog Day 2019, we totaling over $1.3 billion in economic loss. manager and even a townhouse to do official must come together to raise awareness about Forest lands are essential to North Florida’s work. Since Truxtun was formed as an inde- global dog abuse and work to end this horrific economy and ecology, and we must do every- pendent township within what was then Nor- and barbaric practice once and for all. thing to ensure we get it back on track. I look folk county, its locally elected town manager Madam Speaker, I want to congratulate Lisa forward to working with my colleagues in both could levy taxes and provide public services. Vanderpump, Dr. John Sessa, and the Chambers of Congress, as well as with the That is, until Portsmouth acquired the commu- Vanderpump Dog Foundation on what I am U.S. Secretary of Agriculture, to ensure that nity in 1923. certain will be another successful World Dog North Florida’s forestlands are supported as 100 years after its founding, Truxtun is ex- Day. I look forward to our continued work on we recover from Hurricane Michael. periencing a revival that places it as one of animal welfare issues for years to come.

VerDate Sep 11 2014 06:48 May 17, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A16MY8.016 E16MYPT1 dlhill on DSKBBY8HB2PROD with REMARKS E614 CONGRESSIONAL RECORD — Extensions of Remarks May 16, 2019 HONORING DR. STUART DORSEY HONORING OHIO’S LAW ENFORCE- Government agencies and personnel continue MENT AND EFFORTS TO KEEP to rely on local partners to ensure critical mis- THEM SAFE sion capabilities, Afghan and Iraqi partners HON. VICENTE GONZALEZ continue to be threatened, abducted, or assas- sinated for their willingness to assist the OF TEXAS HON. DAVID P. JOYCE OF OHIO United States. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES With broad bipartisan support, Congress created two Special Immigrant Visa (SIV) pro- Thursday, May 16, 2019 Thursday, May 16, 2019 grams to provide pathways to safety for Iraqis Mr. GONZALEZ of Texas. Madam Speaker, Mr. JOYCE of Ohio. Madam Speaker, I rise and Afghans whose work with and allegiance I rise today to honor Dr. Stuart Dorsey, an ed- today to recognize the brave men and women to the U.S. Government has exposed them to ucator, an innovator, and a leader. of Ohio’s law enforcement. As a former pros- direct threats, jeopardizing their safety and ecutor, I know all too well the danger our he- that of their loved ones. Although the Iraqi SIV Dr. Dorsey currently serves as the President roes in blue face every day to protect us and program stopped accepting new applications of Texas Lutheran University in Seguin, our families, and I applaud the efforts made to in 2014, the Afghan SIV program continues Texas. He began his tenure in the summer of ensure their safety. protecting Afghan allies to this day. 2011 and will conclude his work at TLU on Just the other night, in observance of Na- In recent years, the SIV applicant backlog June 30, 2019. tional Police Week, I was proud to vote to re- has continued to grow while Congress has Dr. Dorsey’s story is one that exhibits com- authorize the Bulletproof Vest Partnership struggled to allot enough visas to bring our al- mitment and dedication at every turn. Dr. Dor- Grant Program, which provides critical re- lies to safety in the United States. While the sey earned his bachelor’s degree in econom- sources to state, local and tribal jurisdictions recent Fiscal Year 2019 omnibus spending bill ics from the University of South Dakota. From to purchase bulletproof body armor for law en- authorized 3,500 SIVs, the backlog remains at there, he earned both his Master and doctor of forcement officers. nearly 20,000 Afghans. Worse, the processing philosophy in economics from Washington For 30 years, bullet-resistant body armor times for existing applications has slowed dra- has protected law enforcement officers. Ac- matically, forcing many to wait for years while University in St. Louis, Missouri. He then cording to the Bureau of Justice Assistance, in living in fear of being targeted. Due to these served the public in the U.S. Department of 2012 alone, protective vests were directly at- issues and others facing the program, SIV ar- Labor before joining the U.S. Senate Com- tributable to saving the lives of at least 33 law rivals have fallen by more than half over the mittee on Finance where he was the Commit- enforcement and corrections officers in 20 dif- last fiscal year. tee’s Chief Economist from 1982 to 1984. ferent states. This legislation makes more visas available Dr. Dorsey then began his career in aca- However, much of the body armor used for the thousands of applicants in the pipeline demia as an associate professor of economics today slows down and fatigues our officers and starts the process of improving the pro- at West Virginia University. He went on to due to overbearing weight and discomfort lev- gram so our allies can be brought to safety serve as Dean of the Faculty at Baker Univer- els. As arms and ammunitions continue to be- faster. The safety of these brave men and sity in Kansas and then as Vice President for come more powerful, we must do the nec- women, security of our troops, and our inter- Academic Affairs at the University of Evans- essary research to develop next generation national standing depend on the United States ville in Indiana. Afterward, he served as the body armor that addresses these challenges. be true to our word. We can’t leave anyone President of the University of Redlands in I am proud to say that we have organiza- behind. California until he became the President of tions in Ohio, like ShotStop, that are doing just f Texas Lutheran University. that. Due to their light weight and dynamic material, ShotStop’s bullet-resistant products RECOGNIZING HOWARD BRODSKY Over the past eight years, Dr. Dorsey create a safer environment for the brave men oversaw tremendous change to the univer- and women in blue who put their lives on the HON. CHRIS PAPPAS sity’s campus and culture. Under his leader- line every day to protect our communities. OF NEW HAMPSHIRE ship, the university completed a freshmen resi- Madam Speaker, please join me in applaud- IN THE HOUSE OF REPRESENTATIVES dence hall, a studio theatre, and a School of ing ShotStop and all other organizations that Thursday, May 16, 2019 Music building. Dr. Dorsey also oversaw the are working to ensure our officers are better completion of Bulldog Stadium, which has al- equipped to return home safely to their loved Mr. PAPPAS. Madam Speaker, I rise today lowed the university to host football games ones at the end of each shift. I am proud to to honor Howard Brodsky, who is receiving the and track and field events on campus for the support Ohio’s law enforcement officers, not Global Leadership Award from the World Af- first time in its history. Through these accom- just during National Police Week, but each fairs Council of New Hampshire on May 19, plishments, Dr. Dorsey has laid a strong foun- and every day, and commend those who are 2019. A Manchester native and a pioneer of dation for the university to continue its suc- doing all they can to protect them. the cooperative business model, Mr. Brodsky cess. f has dedicated his life to helping entrepreneurs and small business compete in the global mar- Furthermore, Dr. Dorsey expanded the uni- INTRODUCTION OF THE AFGHAN ketplace. versity’s academic influence by leading the ALLIES PROTECTION ACT OF 2019 As the Chairman, Co-founder, and Co-Chief creation of several new programs of study, in- Executive Officer of CCA Global Partners, Mr. cluding a popular undergraduate program in HON. EARL BLUMENAUER Brodsky created the second largest private nursing and graduate programs in accounting, OF OREGON company in the state of New Hampshire, com- data analytics, and athletic training. IN THE HOUSE OF REPRESENTATIVES prised of 13 affiliated companies with total sales of over $10 billion. Mr. Brodsky has Dr. Dorsey has worked tirelessly to expand Thursday, May 16, 2019 opportunities for the students and community dedicated his career to building a model for of TLU. His unwavering devotion to his stu- Mr. BLUMENAUER. Madam Speaker, today small businesses to succeed in an unpredict- dents’ success is evident and furthered by his I introduced the Afghan Allies Protection Act of able international economy. With a commit- wife Michelle’s equally impressive dedication 2019. This bipartisan legislation would author- ment to global cooperation and a focus on giv- to service. Through their combined efforts, the ize 4,000 Afghan Special Immigrant Visas and ing small businesses the tools and connec- require the State Department to report to Con- tions needed to compete at scale, Mr. Brodsky university was named a Great College to Work gress on the obstacles to protecting Iraqi and and his colleagues at CCA are helping foster for seven years in a row. Afghan allies as well as suggestions for im- a more equal society and economy. Madam Speaker, Dr. Dorsey has worked proving the program. On behalf of my constituents in New Hamp- endlessly to make a difference in the lives of Since 2002, the United States Government shire’s First Congressional District, I want to Central Texans. His efforts have made him a has employed thousands of Afghan and Iraqi congratulate Howard Brodsky on this well-de- pillar of the community and an example to us allies to serve alongside U.S. troops, dip- served award. I also thank the World Affairs all. It is an honor to represent selfless, com- lomats, and other government employees. As Council of New Hampshire for continuing to mitted individuals like him. I wish him and his a result of their service, these allies and their recognize Granite Staters in their work to con- wife Michelle nothing but the best as they families have become the targets of anti- nect the world to New Hampshire and New begin retirement in California. American persecution and violence. As U.S. Hampshire to the world. I thank Mr. Brodsky

VerDate Sep 11 2014 06:48 May 17, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MY8.020 E16MYPT1 dlhill on DSKBBY8HB2PROD with REMARKS May 16, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E615 and the World Affairs Council for all that they spired choice. A member of the Vincentian together on May 17 to honor this year’s most do to make the Granite State such a wonder- community, he was appointed the 26th presi- worthy recipients at the Leader of the Year ful place to work, live, and foster global con- dent of Niagara University in 2013. Since be- Awards Ceremony. nections. coming president, Father Maher has focused f on advancing the academic reputation of the f HONORING UNITA ZELMA university, building an international and di- BLACKWELL ACKNOWLEDGING LEADERSHIP NI- verse campus community and shaping the uni- AGARA’S 2019 LEADERS OF THE versity’s commitment to the revitalization of Ni- YEAR AWARD RECIPIENTS agara Falls and Western New York. His deep HON. BENNIE G. THOMPSON commitment to the Vincentian mission of serv- OF MISSISSIPPI HON. BRIAN HIGGINS ice is reflected in his actions and words that IN THE HOUSE OF REPRESENTATIVES OF NEW YORK included his belief that ‘‘Niagara University Thursday, May 16, 2019 IN THE HOUSE OF REPRESENTATIVES should function as a bridge to people in every- Mr. THOMPSON of Mississippi. Madam Thursday, May 16, 2019 day distress, isolation and poverty.’’ Father Speaker, I rise today to honor Ms. Unita Maher is that bridge. Zelma Blackwell on her great contributions to Mr. HIGGINS of New York. Madam Speak- The Niagara Falls Boys and Girls Club is civil rights activism. er, I proudly rise to recognize the impressive Leadership Niagara’s organization of the year Born in Lula in 1933 into a sharecropping record of achievement of Leadership Niagara, for their commitment to serving the community family, Blackwell left Mississippi as a child to the longest running leadership development and creating healthy youth and families. For attend school in West Helena, Arkansas, be- organization in New York State. more than 80 years, they have focused on cause black children weren’t allowed to con- Headquartered in Niagara Falls, a city I proud- academic success, career and leadership de- sistently attend school at that time in the Mis- ly represent and home to one of the Wonders velopment. With an annual membership of sissippi Delta. Blackwell forfeited school at the of the World, this binational program provides over 1400 young people, ranging from five to eighth grade and began sharecropping with individuals of all ages the skills necessary to twenty-one years old, the Niagara Falls Boys her family. forge a better and more productive future for and Girls Club lives its mission to provide ap- During the early 70s, Blackwell became an themselves, their companies and the commu- propriate and diversified programs and activi- important pillar in the civil rights movement in nities of Western New York and Southern On- ties that teach skills needed to build positive the South. She served as a project director tario. lives, attitudes & behaviors. An invaluable and field secretary for the Student Nonviolent For more than 35 years, Leadership Niagara community asset, their dedication to edu- Coordinating Committee (SNCC), helping or- has served as a premier leadership resource cation, healthy living and leadership provides ganize voter drives for African Americans to those who demonstrate the passion, desire a model to follow for other Western New York across Mississippi. These efforts landed her in and willingness to work to effect positive organizations. jail at least 70 times. change in all aspects of their lives, including Bonnie Kane, Ph.D., has been a Leadership In 1967, she co-founded Mississippi Action the companies and communities they rep- Niagara member since 2017 and is being rec- Community Education, a community develop- resent. ognized as this year’s Distinguished Alumni. ment organization which helped districts to in- Leadership Niagara’s mission to strengthen Since receiving her M.A. in School Psychology corporate as towns. Incorporation enabled regional leadership is reflected in their time- from the University of Buffalo and a Ph.D. in them to set their geographical boundaries so honored tradition of the Annual Leader of the Leadership and Policy from Niagara Univer- that they could have a legal identity-an impor- Year Awards Ceremony. Now in its 29th year, sity, this principled and purposeful dynamo tant advantage when they wanted government this program delivers a powerful message that has worked in the Niagara Falls City School help in installing streetlights or electricity. In 1976, Unita Blackwell became the first Af- builds on the example, motivation and success District as a school psychologist and as co-de- rican American woman mayor in the state of of those being recognized for their trans- partment chair for special education. Her com- Mississippi (Mayersville, MS) where she devel- formational leadership in a variety of fields. mitment to lifting the lives of others is evi- This year, Leadership Niagara has selected oped the city’s infrastructure with an annual denced by her ability to listen, learn and guide $30,000 budget. She also served as an ad- five individuals and one organization that ex- students on career paths while promoting the emplify collaboration, innovation and leader- viser to Presidents Lyndon Johnson, Richard importance of education and mentorship. Dr. Nixon, Gerald Ford, Jimmy Carter, Ronald ship. They include Kenneth Sass, Lifetime Kane is a treasured resource whose belief in Achievement Award, Father James J. Maher, Reagan and Bill Clinton. the dignity and rights of all people makes our Blackwell’s career path was very diverse: Leader of the Year; The Niagara Falls Boys community a better place to live. Key organizer, Mississippi Freedom Demo- and Girls Club, Organization of the Year; This year’s Emerging Leader is Alicia cratic Party, 1964; National President of the Bonnie Kane Ph.D., Distinguished Alumni; Laible-Kenyon, Executive Director of U.S.-China People’s Friendship Association, Alicia Laible-Kenyon, Emerging Leader and Elderwood Health Plan (Niagara Advantage). 1977 through 1983; elected Mayor of Ethan Menges, Youth Leader. These hon- Responsible for the outcomes of this managed Mayersville, 1976 through 2001; had the town orees are most deserving for the strides they long-term care plan, Alicia has led this effort to incorporated, 1976; appointed by President have made in the promotion of positive provide access to affordable and quality health Carter to the U.S. National Commission on the change and strong leadership regardless of care for individuals with chronic health issues International Year of the Child, 1979; vice- title, age, education, industry or boundaries. and older adults. Her efforts enable many oth- chairman of the Mississippi Democratic Party, Kenneth Sass served a community in need ers to remain healthy, independent and able to 1976 through 1980; established Mayors’ Ex- with determination and kindness as the long- reside in their own homes. Unafraid of a chal- change Program between U.S. and China; time president of Pinnacle Community Serv- lenge, her commitment to ensuring a healthier 1984; national president of the National Con- ices, formerly Family and Children’s Services community makes her a worthy recipient. ference of Black Mayors, 1990 through 1992. of Niagara. Before retiring in December of Leadership Niagara understands age is no Notable awards achieved by Blackwell: 2018, Mr. Sass worked for Pinnacle Commu- barrier to leadership and has recognized this Southern Christian Leadership Award, 1990; nity Services for 25 years, the past 21 as potential in Ethan Menges of Lockport High Institute of Politics Fellow, John F. Kennedy president and CEO. It was during his tenure School as this year’s Youth Leader. As a stu- School of Government, Harvard University, that he spearheaded two capital campaigns, dent athlete, he leads by example on and off 1991; MacArthur Foundation Genius Grant, totaling $3.3 million, to build the agency’s first the field. Through his years at Lockport High 1992; APA leadership award for elected offi- new headquarters in 100 years and the Niag- School, he has been an active participant in cial, 1994; honored with a Mississippi Free- ara Family Center, a multi-service collabora- career, education and life skills development dom Trail marker, 2016. tion between seven nonprofit agencies. Pro- programs through internships and community Her son, Jeremiah Blackwell, Jr., informed grams were also expanded and developed to events. He understands that he and his class- Mississippi Today of his mother’s death on better address serious issues including mental mates must be prepared and ready to be a Monday, May 13, 2019 at age 86. health, domestic violence, child abuse and part of positive and constructive interaction in Madam Speaker, today I honor the life of chronic medical illnesses. His dedication to today’s world and is a model example of what Ms. Unita Blackwell for her many contributions those he served epitomize what it means to it means to be a leader. to education, civil rights, and the great state of be a compassionate leader. Madam Speaker, I congratulate Leadership Mississippi. Blackwell made a career of serv- Father James J. Maher’s selection as Lead- Niagara for its significant contributions to the ing others, and her work had a direct and ership Niagara’s Leader of the Year is an in- Western New York Community as they gather positive influence on the lives of thousands.

VerDate Sep 11 2014 06:48 May 17, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A16MY8.023 E16MYPT1 dlhill on DSKBBY8HB2PROD with REMARKS E616 CONGRESSIONAL RECORD — Extensions of Remarks May 16, 2019 PERSONAL EXPLANATION friend, and a truly remarkable woman, Irene retired Congressman John Conyers on the oc- Schafer. casion of his 90th Birthday. Congressman HON. JOHN H. RUTHERFORD May 16 is Irene’s 89th birthday, and I can Conyers was born in Highland Park, Michigan, OF FLORIDA attest that those 89 years have been spent on May 16, 1929, and grew up in the city of IN THE HOUSE OF REPRESENTATIVES tirelessly serving those around her. Service to Detroit. Like many men of his generation, he her community is who Irene is. served in the military and was stationed in Thursday, May 16, 2019 Irene is active with many civic and leader- Korea, during the Korean War, as an officer in Mr. RUTHERFORD. Madam Speaker, I was ship groups in Dickinson, including the Dickin- the U.S. Army Corps of Engineers, where he unavoidably detained during the second vote son Area Builders Association, Badlands was awarded combat and merit citations. series on May 15, 2019. Had I been present, Board of Realtors, Dickinson Rotary Club, Following the completion of his military serv- I would have voted Yea on Roll Call No. 209. Chamber of Commerce, St. Joseph’s Hospital ice, he earned both his B.A. (1957) and LL.B. f Foundation’s Charity Ball Committee, Dickin- (1958) degrees from Wayne State University son State University Alumni Association’s and became an active member of the Michi- OBESITY Yuletyme Committee, AAUW, United Way, gan Bar. He had the distinction of working on Elks Lodge, District 36 GOP, as well as a the staff of Congressman John Dingell, serv- HON. DANNY K. DAVIS member of the Post Office Consumer Advisory ing as counsel to Detroit-area labor union OF ILLINOIS Committee. locals and as a referee for Michigan’s work- IN THE HOUSE OF REPRESENTATIVES Even so, Irene was not satisfied with her men’s compensation department. Thursday, May 16, 2019 level of community service. In 2016, Irene His commitment to civil rights was forged during the great movement of the 1960’s, Mr. DANNY K. DAVIS of Illinois. Madam founded a new group, the Power of 100 Women, to gather women four times per year when traveling throughout the South, and was Speaker, the Obesity epidemic is a long- in Selma, Alabama, for the Freedom Day voter standing issue in American society with two- to each donate $100 to a deserving nonprofit organization. registration drive in 1963. In correspondence, thirds of our population being affected by ex- the Rev. Dr. Martin Luther King, Jr., would cess weight. This nation is facing the con- The Power of 100 Women donated more than $15,000 to help open Hope’s Landing, a later remark that Conyers presence in Selma, sequences of limited policies and funding to Alabama ‘‘had an electric effect on the resolve this public health issue. Obesity af- sober-living home in Dickinson for women suf- fering from addiction. The group donated voteless and beleaguered Negro citizens of fects all populations but some groups are dis- this city, state and nation.’’ proportionately impacted such as racial and $10,000 to the Dickinson Backpack Program to purchase 2,000 backpacks for school- Conyers legislative career began in 1964 ethnic minorities. According to the Department when he ran for an open seat in Michigan’s of Health and Human Services, African Amer- children in need. Most recently, the group do- nated $20,000 to Project H.E.R.O. (Helping 1st District, following the landmark 1964 Baker ican women have the highest rates of being v. Carr decision, and defeated his opponent overweight or obese with about 4 out of 5 Educators Reach Out), a non-profit organiza- tion ensuring that children are eating lunch with 84 percent of the vote. In this race, Con- women fitting the description. Constituents in gressman Conyers received the only known every day. Since its founding, the organiza- my district are also highly affected by this phe- political endorsement from Dr. King and Rosa tion’s members have donated over $240,000 nomenon. A National Health and Nutrition Ex- Parks, known for her prominent role in the amination survey revealed that in the North to community-serving organizations. Irene’s mission in life is to build a great Montgomery, Alabama bus boycott, moved to Lawndale community in Chicago 46.4 percent community and she is doing that every day Detroit and served on Conyers’ staff between of children aged 2–12 were considered obese. through her community service. 1965 and 1988. This is unacceptable especially when com- Congressman Conyers went on to serve 26 My warmest greetings to Irene on her 89th pared to the national average of childhood terms, winning re-election twenty-five times, birthday. Blessings to her and her family on obesity which is 18.5 percent. Therefore, we and is the third longest-serving member of the this special occasion. must examine the factors that lead to such House in history, and the sixth longest-serving disparities. One primary factor in my district f member of Congress in history. He was one of that contributes to this issue are food deserts. PERSONAL EXPLANATION the 13 members who founded the Congres- The lack of access to healthy food options is sional Black Caucus in 1969 and was consid- due to both the lack of food retail businesses HON. GREG PENCE ered the Dean of the Caucus during his ten- ure. and income within these communities. Unfor- OF INDIANA As a freshman member, Congressman Con- tunately, high-calorie foods are less expensive IN THE HOUSE OF REPRESENTATIVES and more available in neighborhoods with yers won a seat on the Judiciary Committee more corner stores than supermarkets. Addi- Thursday, May 16, 2019 and went on to serve as Chairman of that tionally, there is a lack of safe, accessible Mr. PENCE. Madam Speaker, on Wednes- committee from 2007 to 2011, along with serv- places to walk, bike, and play in low-income day, May 15, 2019 I was honored to attend ing as the ranking Democratic member on the neighborhoods, leaving residents with very few the Memorial Service for Senator Richard Committee from 1995 to 2007 and again from options. Health policies and programs need to Lugar at St. Luke’s United Methodist Church 2011 to 2017. During his tenure, he success- be promoted in every sector from schools to in Indianapolis, Indiana. Senator Lugar will be fully worked to oppose initiatives that violated local businesses to grassroots organizations. remembered as one of America’s greatest Constitutional values and served as a beacon Addressing this epidemic will require us to Senators, leaving his mark on domestic and of hope to those facing poverty and injustice. work together to garner resources to battle global affairs throughout his six terms. For the He was the first member to introduce legisla- obesity at the federal, state, and community above reason, I was not recorded for roll call tion or hold hearings on an important series of levels. These resources could help commu- vote 205, 206, 207, 208, and 209. Had I been civil rights issues, including: police mis- nities facing health disparities fund projects present, I would have voted Nay on roll call conduct; LGBTQ protections; violence against such as community gardens and rebuilding 205, 206, 207, and 208, and Yea on roll call the Arab and Muslim American communities; playgrounds to get them on a path to healthier 209. AIDS in the African-American community; en- vironmental racism; and restorative justice, living. It is imperative that we address the f issue of obesity to ensure the health of the just to name a few. INTRODUCTION OF A RESOLUTION Over the course of his legislative career, country. HONORING RETIRED HOUSE JU- Congressman Conyers was responsible for f DICIARY COMMITTEE CHAIRMAN more than 100 bills, amendments, and resolu- IN RECOGNITION OF IRENE JOHN CONYERS, JR. ON THE OC- tions being enacted, including 57 on which he SCHAFER CASION OF HIS 90TH BIRTHDAY was the overall lead sponsor, and an addi- tional 56 that he managed or was the lead HON. KELLY ARMSTRONG HON. SHEILA JACKSON LEE Democratic sponsor. From his position on the OF NORTH DAKOTA OF TEXAS Judiciary Committee, he led many of our most IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES notable legislative efforts on civil rights and civil liberties, including: the Martin Luther King Thursday, May 16, 2019 Thursday, May 16, 2019 Holiday Act, the Voting Rights act Reauthor- Mr. ARMSTRONG. Madam Speaker, I rise Ms. JACKSON LEE. Madam Speaker, I am izations, the Violence Against Women Act Re- today to honor an outstanding constituent, a pleased to introduce this resolution honoring authorizations, the Hate Crimes Prevention

VerDate Sep 11 2014 06:48 May 17, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MY8.026 E16MYPT1 dlhill on DSKBBY8HB2PROD with REMARKS May 16, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E617 Act, Pattern and Practice Enforcement Act, the tion and commitment to service is an example breaking and entirely un-American, but with USA Freedom Act, the Fair Sentencing Act, for us all. He will always be the Chairman. the Equality Act we can do something about it. the ‘‘Motor Voter’’ Act, and the Innocence Pro- f The Equality Act will greatly extend civil tection Act. For these reasons, Congressman Conyers THE EQUALITY ACT rights for the LGBTQ community, providing is recognized as a champion of civil rights and consistent and explicit protections from dis- civil liberties, receiving numerous honors, in- HON. SYLVIA R. GARCIA crimination for LGBTQ people across key areas of life including employment, housing, cluding the NAACP Spingarn Medal and the OF TEXAS credit, and education. Leadership Conference on Civil and Human IN THE HOUSE OF REPRESENTATIVES Rights Hubert H. Humphrey Award. Always a Thursday, May 16, 2019 In Texas, that means having explicit protec- leader and gentleman, Congressman Conyers tions for LGBTQ people for the first time in our walked the halls of this institution for more Ms. GARCIA of Texas. Madam Speaker, I history. Updating federal law will tear down than 50 years, leaving a lasting impact rise today in strong and steadfast support of barriers to prosperity and lead to better out- through his dedication to freedom and justice the Equality Act. comes for our family members, neighbors, and We’ve made a lot of progress in recent for all people. loved-ones. Like so many in this body, I am proud to years, but the reality is that many still face dis- have been his colleague and friend. The cele- crimination because of who they are and the This is long overdue for nearly 1 million bration of his 90th birthday is an ideal time to people they love. LGBTQ Texans and is why I urge all of my reflect on his accomplishments and celebrate In Texas, the discrimination and inequality colleagues to make the Equality Act the law of his distinguished legislative career. His dedica- faced by the LGBTQ community is heart- the land.

VerDate Sep 11 2014 06:48 May 17, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MY8.030 E16MYPT1 dlhill on DSKBBY8HB2PROD with REMARKS Thursday, May 16, 2019 Daily Digest Senate tion, and suicide prevention, after agreeing to the Chamber Action committee amendment. Page S2948 Routine Proceedings, pages S2893–S2949 Collins Nomination—Cloture: Senate began con- Measures Introduced: Forty-two bills and three sideration of the nomination of Daniel P. Collins, of resolutions were introduced, as follows: S. California, to be United States Circuit Judge for the 1499–1540, S. Res. 212–213, and S. Con. Res. 17. Ninth Circuit. Page S2907 Pages S2923–25 A motion was entered to close further debate on Measures Passed: the nomination, and, in accordance with the provi- sions of Rule XXII of the Standing Rules of the Protecting America’s First Responders Act: Sen- Senate, and pursuant to the unanimous-consent ate passed S. 1208, to amend the Omnibus Crime agreement of Thursday, May 16, 2019, a vote on Control and Safe Streets Act of 1968 with respect to cloture will occur at 5:30 p.m., on Monday, May 20, payments to certain public safety officers who have 2019. Page S2907 become permanently and totally disabled as a result Prior to the consideration of this nomination, Sen- of personal injuries sustained in the line of duty, ate took the following action: after agreeing to the committee amendment in the Senate agreed to the motion to proceed to Legisla- nature of a substitute. Pages S2893–95 tive Session. Page S2907 Bulletproof Vest Partnership Grant Program: Senate agreed to the motion to proceed to Execu- Senate passed H.R. 2379, to reauthorize the Bullet- tive Session to consider the nomination. Page S2907 proof Vest Partnership Grant Program. Nielson Nomination—Cloture: Senate began con- Pages S2901–02 sideration of the nomination of Howard C. Nielson, Effective Prosecution of Possession of Biological Jr., of Utah, to be United States District Judge for Toxins and Agents Act: Committee on the Judiciary the District of Utah. Page S2907 was discharged from further consideration of S. 744, A motion was entered to close further debate on to amend section 175b of title 18, United States the nomination, and, in accordance with the provi- Code, to correct a scrivener’s error, and the bill was sions of Rule XXII of the Standing Rules of the then passed. Page S2929 Senate, a vote on cloture will occur upon disposition of the nomination of Daniel P. Collins, of California, Pandemic and All-Hazards Preparedness and to be United States Circuit Judge for the Ninth Cir- Advancing Innovation Act: Committee on Health, cuit. Page S2907 Education, Labor, and Pensions was discharged from Prior to the consideration of this nomination, Sen- further consideration of S. 1379, to reauthorize cer- ate took the following action: tain programs under the Public Health Service Act Senate agreed to the motion to proceed to Legisla- and the Federal Food, Drug, and Cosmetic Act with tive Session. Page S2907 respect to public health security and all-hazards pre- Senate agreed to the motion to proceed to Execu- paredness and response, and the bill was then passed. tive Session to consider the nomination. Page S2907 Pages S2929–46 Clark Nomination—Cloture: Senate began consid- Debbie Smith Act: Senate passed S. 820, to eration of the nomination of Stephen R. Clark, Sr., strengthen programs authorized under the Debbie of Missouri, to be United States District Judge for Smith Act of 2004, after agreeing to the committee the Eastern District of Missouri. Page S2907 amendments. Pages S2946–48 A motion was entered to close further debate on Supporting and Treating Officers In Crisis Act: the nomination, and, in accordance with the provi- Senate passed S. 998, to amend the Omnibus Crime sions of Rule XXII of the Standing Rules of the Control and Safe Streets Act of 1968 to expand sup- Senate, a vote on cloture will occur upon disposition port for police officer family services, stress reduc- of the nomination of Howard C. Nielson, Jr., of D547

VerDate Sep 11 2014 07:02 May 17, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16MY9.REC D16MYPT1 dlhill on DSKBBY8HB2PROD with DIGEST D548 CONGRESSIONAL RECORD — DAILY DIGEST May 16, 2019 Utah, to be United States District Judge for the Dis- filed on Thursday, May 16, 2019, ripen at 5:30 trict of Utah. Page S2907 p.m., on Monday, May 20, 2019. Pages S2948–49 Prior to the consideration of this nomination, Sen- Nominations Confirmed: Senate confirmed the fol- ate took the following action: lowing nominations: Senate agreed to the motion to proceed to Legisla- By 52 yeas to 45 nays (Vote No. EX. 114), tive Session. Page S2907 Senate agreed to the motion to proceed to Execu- Wendy Vitter, of Louisiana, to be United States Dis- tive Session to consider the nomination. Page S2907 trict Judge for the Eastern District of Louisiana. Pages S2986–S2901, S2902–03, S2949 Nichols Nomination—Cloture: Senate began con- By 92 yeas to 5 nays (Vote No. EX. 115), Brian sideration of the nomination of Carl J. Nichols, of J. Bulatao, of Texas, to be an Under Secretary of the District of Columbia, to be United States Dis- State (Management). Pages S2903, S2949 trict Judge for the District of Columbia. Page S2907 A motion was entered to close further debate on By 52 yeas to 45 nays (Vote No. EX. 116), Jeffrey the nomination, and, in accordance with the provi- A. Rosen, of Virginia, to be Deputy Attorney Gen- sions of Rule XXII of the Standing Rules of the eral. Pages S2903–07, S2949 Senate, a vote on cloture will occur upon disposition Jane L. Corwin, of New York, to be Commis- of the nomination of Stephen R. Clark, Sr., of Mis- sioner on the part of the United States on the Inter- souri, to be United States District Judge for the national Joint Commission, United States and Can- Eastern District of Missouri. Page S2907 ada. Prior to the consideration of this nomination, Sen- Robert C. Sisson, of Michigan, to be Commis- ate took the following action: sioner on the part of the United States on the Inter- Senate agreed to the motion to proceed to Legisla- national Joint Commission, United States and Can- tive Session. Page S2907 ada. Senate agreed to the motion to proceed to Execu- Lance V. Yohe, of North Dakota, to be Commis- tive Session to consider the nomination. Page S2907 sioner on the part of the United States on the Inter- Bell Nomination—Cloture: Senate began consider- national Joint Commission, United States and Can- ation of the nomination of Kenneth D. Bell, of ada. Pages S2916, S2949 North Carolina, to be United States District Judge Matthew H. Tueller, of Utah, to be Ambassador for the Western District of North Carolina. to the Republic of Iraq. Pages S2916, S2949 Pages S2908–16 5 Coast Guard nominations in the rank of admi- A motion was entered to close further debate on ral. Pages S2916, S2949 the nomination, and, in accordance with the provi- sions of Rule XXII of the Standing Rules of the Messages from the House: Page S2922 Senate, a vote on cloture will occur upon disposition Measures Referred: Page S2922 of the nomination of Carl J. Nichols, of the District Measures Read the First Time: Page S2922 of Columbia, to be United States District Judge for Pages S2922–23 the District of Columbia. Page S2908 Executive Communications: Prior to the consideration of this nomination, Sen- Petitions and Memorials: Page S2923 ate took the following action: Additional Cosponsors: Pages S2925–27 Senate agreed to the motion to proceed to Legisla- tive Session. Page S2907 Statements on Introduced Bills/Resolutions: Senate agreed to the motion to proceed to Execu- Pages S2927–29 tive Session to consider the nomination. Page S2908 Additional Statements: Pages S2920–22 Wallace Nomination Referral—Agreement: A Authorities for Committees to Meet: Page S2929 unanimous-consent agreement was reached providing that the nomination of Robert Wallace, of Wyo- Record Votes: Three record votes were taken today. ming, to be Assistant Secretary for Fish and Wild- (Total—116) Pages S2903, S2906–07 life, sent to the Senate by the President on May 13, Adjournment: Senate convened at 10 a.m. and ad- 2019, be referred jointly to the Committee on En- journed at 5:04 p.m., until 3 p.m. on Monday, May ergy and Natural Resources, and the Committee on 20, 2019. (For Senate’s program, see the remarks of Environment and Public Works. Pages S2915–16 the Majority Leader in today’s Record on pages Collins, Nielson, Clark, Nichols, and Bell Nomi- S2948–49.) nations—Agreement: A unanimous-consent agree- ment was reached providing that notwithstanding the provisions of Rule XXII, the cloture motions

VerDate Sep 11 2014 07:02 May 17, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D16MY9.REC D16MYPT1 dlhill on DSKBBY8HB2PROD with DIGEST May 16, 2019 CONGRESSIONAL RECORD — DAILY DIGEST D549 Committee Meetings NOMINATIONS Committee on Foreign Relations: Committee concluded (Committees not listed did not meet) a hearing to examine the nominations of Bridget A. Brink, of Michigan, to be Ambassador to the Slovak ATMOSPHERIC SCIENCE RESEARCH Republic, Kenneth A. Howery, of Texas, to be Am- Committee on Commerce, Science, and Transportation: Sub- bassador to the Kingdom of Sweden, Matthew S. committee on Science, Oceans, Fisheries, and Weath- Klimow, of New York, to be Ambassador to er concluded a hearing to examine atmospheric Turkmenistan, and John Jefferson Daigle, of Lou- science research and forecasting innovation, after re- isiana, to be Ambassador to the Republic of Cabo ceiving testimony from Waleed Abdalati, University Verde, all of the Department of State, after the of Colorado Cooperative Institute for Research in En- nominees testified and answered questions in their vironmental Sciences, Boulder; Deborah A. Bronk, own behalf. Bigelow Laboratory for Ocean Sciences, East Boothbay, Maine; Radley Horton, Columbia Univer- BUSINESS MEETING sity, Palisades, New York; and Erika Washburn, Lake Superior National Estuarine Research Reserve, Committee on the Judiciary: Committee ordered favor- Superior, Wisconsin. ably reported the following business items: S. 1328, to designate foreign persons who improp- CARBON CAPTURE, UTILIZATION, AND erly interfere in United States elections as inadmis- STORAGE PROGRAMS sible aliens; and Committee on Energy and Natural Resources: Committee S. 1321, to amend title 18, United States Code, concluded a hearing to examine the Department of to prohibit interference with voting systems under Energy’s carbon capture, utilization, and storage pro- the Computer Fraud and Abuse Act. grams, including S. 1201, to amend the fossil energy research and development provisions of the Energy NOMINATION Policy Act of 2005 to enhance fossil fuel technology, after receiving testimony from Steven E. Winberg, Committee on Veterans’ Affairs: Committee concluded a Assistant Secretary of Energy for Fossil Energy; S. hearing to examine the nomination of James Byrne, Julio Friedmann, Columbia University School of of Virginia, to be Deputy Secretary of Veterans Af- International and Public Affairs Center on Global fairs, after the nominee testified and answered ques- Energy Policy, Livermore, California; Adam Goff, 8 tions in his own behalf. Rivers Capital, LLC, Durham, North Carolina; John Harju, University of North Dakota Energy and Envi- INTELLIGENCE ronmental Research Center, Grand Forks; Richard Select Committee on Intelligence: Committee held closed Jackson, Occidental Petroleum Low Carbon Ven- hearings on intelligence matters, receiving testimony tures, Houston, Texas; and Judith Lagano, NRG En- from officials of the intelligence community. ergy, Inc., Princeton, New Jersey. Committee recessed subject to the call. h House of Representatives other purposes, with an amendment (H. Rept. Chamber Action 116–65, Part 1); Public Bills and Resolutions Introduced: 39 pub- H.R. 1318, to direct the Librarian of Congress to lic bills, H.R. 2780–2818, and 3 resolutions, H. obtain a stained glass panel depicting the seal of the Res. 385–387, were introduced. Pages H3923–24 District of Columbia and install the panel among Additional Cosponsors: Pages H3925–27 the stained glass panels depicting the seals of States Reports Filed:Reports were filed today as follows: which overlook the Main Reading Room of the Li- H.R. 2779, making appropriations for the Legisla- brary of Congress Thomas Jefferson Building (H. tive Branch for the fiscal year ending September 30, Rept. 116–66, Part 1); 2020, and for other purposes (H. Rept. 116–64); H.R. 1775, to establish a task force on NOTAM H.R. 1994, to amend the Internal Revenue Code improvements, and for other purposes (H. Rept. of 1986 to encourage retirement savings, and for 116–67);

VerDate Sep 11 2014 07:02 May 17, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D16MY9.REC D16MYPT1 dlhill on DSKBBY8HB2PROD with DIGEST D550 CONGRESSIONAL RECORD — DAILY DIGEST May 16, 2019 H.R. 1200, to increase, effective as of December Blunt Rochester amendment (No. 4 printed in H. 1, 2019, the rates of compensation for veterans with Rept. 116–61) that requires the Secretary of the De- service-connected disabilities and the rates of de- partment of Health and Human Services to release pendency and indemnity compensation for the sur- all aggregated studies and data sets created on or vivors of certain disabled veterans, and for other pur- after January 1, 2014 related to marketing and out- poses (H. Rept. 116–68); reach for the Affordable Care Act’s individual mar- H.R. 2045, to amend title 38, United States ketplace; Pages H3877–78 Code, to establish the Veterans Economic Oppor- DeSaulnier amendment (No. 5 printed in H. tunity and Transition Administration and the Under Rept. 116–61) that commissions a study by the Na- Secretary for Veterans Economic Opportunity and tional Academy of Medicine into the amount of fed- Transition of the Department of Veterans Affairs, eral funding and research used in the development and for other purposes, with amendments (H. Rept. of drugs by pharmaceutical companies, and to put 116–69); and Supplemental Report on H.R. 965, to measures in place to curb excessive drug costs; promote competition in the market for drugs and bi- Pages H3878–79 ological products by facilitating the timely entry of Shalala amendment (No. 7 printed in H. Rept. lower-cost generic and biosimilar versions of those 116–61) that states the sense of Congress that the drugs and biological products (H. Rept. 116–55, Secretary of HHS should not take any action to pro- Part 3). Pages H3922–23 hibit or restrict ‘‘silver loading’’; Pages H3879–80 Speaker: Read a letter from the Speaker wherein she Hayes amendment (No. 8 printed in H. Rept. appointed Representative Jackson Lee to act as 116–61) that amends the Federally-Facilitated Mar- Speaker pro tempore for today. Page H3845 ketplace (FFM) navigator program to authorize Recess: The House recessed at 10:45 a.m. and re- $25,000,000 out of amounts collected by user fees convened at 12 noon. Page H3850 for State-Based Exchanges; ensures that no state shall Guest Chaplain: The prayer was offered by the receive a grant that is less than $1,000,000; Guest Chaplain, Rabbi Bruce Lustig, Washington Pages H3880–81 Hebrew Congregation, Washington, DC. Page H3850 McBath amendment (No. 9 printed in H. Rept. 116–61) that provides pharmacy school outreach by Marketing and Outreach Restoration to Em- directing the Labor HHS and Education Secretaries power Health Education Act of 2019: The House to do outreach to institutions of higher education as passed H.R. 987, to amend the Patient Protection it relates to the use and availability of generic drugs; and Affordable Care Act to provide for Federal Ex- change outreach and educational activities, by a re- Pages H3881–83 corded vote of 234 ayes to 183 noes, Roll No. 214. Scanlon amendment (No. 10 printed in H. Rept. 116–61) that requires the HHS Secretary to issue bi- Pages H3853–H3904, H3910–11 Rejected the Walden motion to recommit the bill weekly public reports during the annual open enroll- to the Committee on Energy and Commerce with ment period on the performance of the federal ex- instructions to report the same back to the House change and the Small Business Health Options Pro- forthwith with an amendment, by a recorded vote of gram exchange; each report will include a summary of information on the open enrollment season includ- 188 ayes to 228 noes, Roll No. 213. Pages H3904–10 Pursuant to the Rule, an amendment in the na- ing the number of website visits, accounts created, ture of a substitute consisting of the text of Rules calls to the call center, number of people who enroll Committee Print 116–14 shall be considered as in a plan and what enrollment path they took, e.g., adopted in the House and in the Committee of the website, broker, or call center; Pages H3883–84 Whole, in lieu of the amendment in the nature of Morelle amendment (No. 11 printed in H. Rept. a substitute recommended by the Committee on En- 116–61) that requires GAO to study the effect of ergy and Commerce now printed in the bill. President Trump’s cuts to ACA outreach and the Pages H3868–73 Navigator Program on health insurance enrollment Agreed to: and the cost of coverage; Pages H3884–85 Pallone amendment (No. 1 printed in H. Rept. Waters amendment (No. 12 printed in H. Rept. 116–61) that clarifies communication requirements 116–61) that requires HHS to submit to Congress for eligible product developers and license holders a report on the extent to which increases in the regarding requests, offers, and delivery of product prices of commonly prescribed drugs have caused in- samples; Pages H3873–74 dividuals with health insurance to forego needed Welch amendment (No. 3 printed in H. Rept. treatment; Pages H3885–86 116–61) that prohibits the Secretary of HHS from Johnson (TX) amendment (No. 13 printed in H. ending autoenrollment; Pages H3876–77 Rept. 116–61) that requires Navigators to receive

VerDate Sep 11 2014 07:02 May 17, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D16MY9.REC D16MYPT1 dlhill on DSKBBY8HB2PROD with DIGEST May 16, 2019 CONGRESSIONAL RECORD — DAILY DIGEST D551 training on how to assist consumers with Medicaid navigators, maintenance of Healthcare.gov, and oper- and CHIP enrollment; Pages H3886–87 ation of the Healthcare.gov call centers; Lynch amendment (No. 14 printed in H. Rept. Pages H3897–98 116–61) that extends the deadline by which States Cox (CA) amendment (No. 24 printed in H. may apply for federal assistance to establish state- Rept. 116–61) that adds areas with high concentra- based marketplaces by one year to December 31, tions of unemployment to the list where such out- 2023; extends the date by which the State Exchanges reach and educational activities shall be provided; must be self-sustaining by one year to January 1, Pages H3898–H3900 2025; Pages H38887–88 Horn amendment (No. 26 printed in H. Rept. Lynch amendment (No. 15 printed in H. Rept. 116–61) that ensures rural areas are included in nav- 116–61) that asks the GAO to conduct a cost ben- igator outreach; Pages H3900–01 efit analysis of the establishment of State-adminis- Cunningham amendment (No. 27 printed in H. tered health insurance plans for states that may want Rept. 116–61) that ensures that state healthcare Ex- to offer a public option in their health insurance ex- changes’ outreach activities are also targeted towards changes; the report is due to Congress no later than veteran populations; Pages H3901–02 one year after enactment; Page H3888 Harder (CA) amendment (No. 6 printed in H. Lipinski amendment (No. 16 printed in H. Rept. Rept. 116–61) that provides opioid specific edu- 116–61) that requires a GAO report to determine cation and training to the Navigators and the Cer- whether the Department of Health and Human Serv- tified Application Counselors (CACs) that ensures ices has taken appropriate steps to ensure that rou- they can best educate individuals on the marketplace tine maintenance to the Healthcare.gov website is plans specifically for opioid health care treatment (by minimally disruptive to consumers; Pages H3888–89 a recorded vote of 243 ayes to 174 noes, Roll No. Deutch amendment (No. 17 printed in H. Rept. 211); and Pages H3879, H3902 116–61), as modified, that adds a duty requiring Wexton amendment (No. 21 printed in H. Rept. navigators to provide information in plain language 116–61) that includes findings that the final rule on regarding essential health benefits and consumer pro- short-term, limited duration insurance weakens pro- tections under the mental health and substance use tections for the millions of Americans living with disorder benefits parity law; Pages H3889–91 preexisting health conditions, including children Brown (MD) amendment (No. 18 printed in H. with complex medical needs and disabilities and Rept. 116–61) that adds that the Secretary shall im- their families (by a recorded vote of 232 ayes to 185 plement outreach and educational activities in areas noes, Roll No. 212). Pages H3894–96, H3904 with high health disparities; Pages H3891–92 Gomez amendment (No. 19 printed in H. Rept. Rejected: 116–61) that clarifies the ability of Navigators to McKinley amendment (No. 2 printed in H. Rept. provide referrals to community-based organizations 116–61) that sought to strike title II—Health Insur- that address social needs related to health outcomes; ance Market Stabilization (by a recorded vote of 189 Pages H3892–93 ayes to 230 noes, Roll No. 210). Escobar amendment (No. 20 printed in H. Rept. Pages H3874–76, H3902–03 116–61), as modified, that requires Navigators to as- Agreed that in the engrossment of the bill, the sist vulnerable populations including individuals Clerk be authorized to make technical corrections with limited English proficiency and chronic ill- and conforming changes. Page H3911 nesses; Pages H3893–94 H. Res. 377, the rule providing for consideration Pappas amendment (No. 22 printed in H. Rept. of the bills (H.R. 5), (H.R. 312), and (H.R. 987) 116–61) that requires the Secretary of Health and was agreed to yesterday, May 15th. Human Services to set annual enrollment targets for Requiring each Member, officer, and employee the Exchanges for the plan year 2020 and each sub- of the House of Representatives to complete a sequent plan year; Pages H3896–97 program of training in workplace rights and re- Cox (CA) amendment (No. 23 printed in H. sponsibilities each session of each Congress: The Rept. 116–61) that adds a new subsection (b): Pro- House agreed to discharge from committee and agree mote Transparency and Accountability in the Ad- to H. Res. 30, requiring each Member, officer, and ministration’s Expenditures of Exchange User Fees, employee of the House of Representatives to com- which requires HHS to submit an annual report to plete a program of training in workplace rights and Congress that includes a detailed breakdown of the responsibilities each session of each Congress. Department’s spending on outreach and enrollment, Page H3911

VerDate Sep 11 2014 07:02 May 17, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D16MY9.REC D16MYPT1 dlhill on DSKBBY8HB2PROD with DIGEST D552 CONGRESSIONAL RECORD — DAILY DIGEST May 16, 2019 Making technical corrections to the computation THE DEPARTMENT OF DEFENSE’S of average pay under Public Law 110–279: The FINANCIAL IMPROVEMENT AND AUDIT House agreed to take from the Speaker’s table and REMEDIATION PLAN: THE PATH pass S. 1436, to make technical corrections to the FORWARD computation of average pay under Public Law Committee on Armed Services: Full Committee held a 110–279. Page H3911 hearing entitled ‘‘The Department of Defense’s Fi- Permission to File Report: Agreed by unanimous nancial Improvement and Audit Remediation Plan: consent that the Committee on the Judiciary be au- The Path Forward’’. Testimony was heard from thorized to file a supplemental report on H.R. 965, David Norquist, Under Secretary of Defense (Comp- to promote competition in the market for drugs and troller), Department of Defense; Thomas Harker, As- biological products by facilitating the timely entry sistant Secretary of the Navy (Financial Management of lower-cost generic and biosimilar versions of those and Comptroller), U.S. Navy; John Roth, Assistant drugs and biological products. Page H3911 Secretary of the Air Force (Financial Management Mexico-United States Interparliamentary and Comptroller), U.S. Air Force; and John Whitley, Group—Appointment: The Chair announced the Assistant Secretary of the Army (Financial Manage- Speaker’s appointment of the following Members on ment and Comptroller), U.S. Army. the part of the House to the Mexico-United States MILITARY PERSONNEL MANAGEMENT— Interparliamentary Group: Representatives Correa, Gonzalez of (TX), Jackson Lee, Escobar, Lofgren and HOW ARE THE MILITARY SERVICES ADAPTING TO RECRUIT, RETAIN, AND Carbajal. Page H3913 MANAGE HIGH QUALITY TALENT TO House Democracy Partnership—Appointment: MEET THE NEEDS OF A MODERN The Chair announced the Speaker’s appointment of MILITARY? the following Members to the House Democracy Partnership: Representatives Moore, Titus, Connolly, Committee on Armed Services: Subcommittee on Mili- Ted Lieu (CA), Torres (CA), Kelly (IL), Sewell (AL), tary Personnel held a hearing entitled ‘‘Military Per- sonnel Management—How Are the Military Services DeGette, Plaskett and Lee (CA). Page H3913 Adapting to Recruit, Retain, and Manage High Senate Referral: S. 1208 was referred to the Com- Quality Talent to Meet the Needs of a Modern Mili- mittee on the Judiciary. Page H3921 tary?’’. Testimony was heard from James N. Stewart, Senate Messages: Message received from the Senate Performing the Duties of the Undersecretary of De- and message received from the Senate by the Clerk fense for Personnel and Readiness, Department of and subsequently presented to the House today ap- Defense; Lieutenant General Thomas Seamands, Dep- pear on pages H3853 and H3876. uty Chief of Staff, G–1, U.S. Army; Vice Admiral Robert P. Burke, Chief of Naval Personnel, U.S. Quorum Calls—Votes: Five recorded votes devel- Navy; Lieutenant General Brian T. Kelly, Deputy oped during the proceedings of today and appear on Chief of Staff for Manpower, Personnel and Services, pages H3902–03, H3903, H3904, H3909–10, and U.S. Air Force; and Lieutenant General Michael A. H3910. There were no quorum calls. Rocco, Deputy Commandant for Manpower and Re- Adjournment: The House met at 10 a.m. and ad- serve Affairs, U.S. Marine Corps. journed at 9:17 p.m. MISCELLANEOUS MEASURES Committee on Energy and Commerce: Subcommittee on Committee Meetings Energy held a markup on H.R. 2088, a bill to amend the Energy Independence and Security Act of MISCELLANEOUS MEASURES 2007 to reauthorize the Energy Efficiency and Con- Committee on Appropriations: Full Committee held a servation Block Grant Program, and for other pur- markup on the Report on the Revised Suballocation poses; H.R. 2041, the ‘‘Weatherization Enhancement of Budget Allocations for FY 2020; and the State, and Local Energy Efficiency Investment and Ac- Foreign Operations, and Related Programs Appro- countability Act’’; H.R. 2119, a bill to amend the priations Bill, FY 2020. The Report on the Revised Energy Policy Act of 2005 to reauthorize grants for Suballocation of Budget Allocations for FY 2020 was improving the energy efficiency of public buildings, approved. The State, Foreign Operations, and Re- and for other purposes; H.R. 1315, the ‘‘Blue Collar lated Programs Appropriations Bill, FY 2020, was to Green Collar Jobs Development Act of 2019’’; ordered reported, as amended. H.R. 2665, the ‘‘Smart Energy and Water Efficiency

VerDate Sep 11 2014 07:02 May 17, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D16MY9.REC D16MYPT1 dlhill on DSKBBY8HB2PROD with DIGEST May 16, 2019 CONGRESSIONAL RECORD — DAILY DIGEST D553 Act of 2019’’; H.R. 2044, the ‘‘Smart Building Ac- Dangers of Reporting on Human Rights’’. Testi- celeration Act’’; H.R. 359, the ‘‘Enhancing Grid Se- mony was heard from public witnesses. curity through Public-Private Partnerships Act’’; FEDERAL LAW ENFORCEMENT TRAINING H.R. 360, the ‘‘Cyber Sense Act of 2019’’; H.R. CENTERS: PREPARING AMERICA’S LAW 362, the ‘‘Energy Emergency Leadership Act’’; and ENFORCEMENT TO PROTECT THE H.R. 370, the ‘‘Pipeline and LNG Facility Cyberse- HOMELAND curity Preparedness Act’’. H.R. 2088 was forwarded to the full Committee, as amended. H.R. 2119, Committee on Homeland Security: Subcommittee on H.R. 2041, H.R. 1315, H.R. 2665, H.R. 2044, Oversight, Management, and Accountability held a H.R. 359, H.R. 360, H.R. 362, and H.R. 370 were hearing entitled ‘‘Federal Law Enforcement Training forwarded to the full Committee, without amend- Centers: Preparing America’s Law Enforcement to ment. Protect the Homeland’’. Testimony was heard from Thomas J. Walters, Director, Federal Law Enforce- MISCELLANEOUS MEASURES ment Training Centers, Department of Homeland Committee on Education and Labor: Full Committee Security; John Kelly, Acting Inspector General, Of- held a markup on H.R. 2574, the ‘‘Equity and In- fice of the Inspector General, Department of Home- clusion Enforcement Act’’; and H.R. 2639, the land Security; and Greg Davis, Captain, Department ‘‘Strength in Diversity Act of 2019’’. H.R. 2574 and of Public Safety Academy Training Coordinator, H.R. 2639 were ordered reported, as amended. Texas Department of Public Safety. OVERSIGHT OF PRUDENTIAL JUSTICE DENIED: FORCED ARBITRATION REGULATORS: ENSURING THE SAFETY, AND THE EROSION OF OUR LEGAL SYSTEM SOUNDNESS AND ACCOUNTABILITY OF Committee on the Judiciary: Subcommittee on Anti- MEGABANKS AND OTHER DEPOSITORY trust, Commercial, and Administrative Law held a INSTITUTIONS hearing entitled ‘‘Justice Denied: Forced Arbitration Committee on Financial Services: Full Committee held and the Erosion of our Legal System’’. Testimony a hearing entitled ‘‘Oversight of Prudential Regu- was heard from Lieutenant Commander Kevin lators: Ensuring the Safety, Soundness and Account- Ziober, Lieutenant Commander, U.S. Navy Reserves; ability of Megabanks and Other Depository Institu- and public witnesses. tions’’. Testimony was heard from Rodney Hood, OIL AND GAS DEVELOPMENT: IMPACTS OF Chairman, National Credit Union Administration; WATER POLLUTION ABOVE AND BELOW Jelena McWilliams, Chairman, Federal Deposit In- GROUND surance Corporation; Joseph Otting, Comptroller, Committee on Natural Resources: Subcommittee on En- Office of the Comptroller of the Currency; and ergy and Mineral Resources held a hearing entitled Randal Quarles, Vice Chairman of Supervision, ‘‘Oil and Gas Development: Impacts of Water Pollu- Board of Governors of the Federal Reserve System. tion Above and Below Ground’’. Testimony was DEMOCRACY, DEVELOPMENT, AND heard from public witnesses. DEFENSE: REBALANCING U.S.-AFRICA EXAMINING THE PRESIDENT’S FISCAL POLICY YEAR 2020 BUDGET PROPOSAL FOR THE Committee on Foreign Affairs: Full Committee held a U.S. BUREAU OF RECLAMATION AND U.S. hearing entitled ‘‘Democracy, Development, and De- GEOLOGICAL SURVEY fense: Rebalancing U.S.-Africa Policy’’. Testimony Committee on Natural Resources: Subcommittee on was heard from Tibor P. Nagy, Jr., Assistant Sec- Water, Oceans, and Wildlife held a hearing entitled retary, Bureau of African Affairs, Department of ‘‘Examining the President’s Fiscal Year 2020 Budget State; Ramsey Day, Senior Deputy Assistant Admin- Proposal for the U.S. Bureau of Reclamation and istrator, Bureau for Africa, U.S. Agency for Inter- U.S. Geological Survey’’. Testimony was heard from national Development; and Michelle Lenihan, Acting Brenda Burman, Commissioner, U.S. Bureau of Rec- Deputy Assistant Secretary of Defense for African lamation; and Don Cline, Associate Director, Water Affairs, Department of Defense. Resources Mission Area, U.S. Geological Survey. THE DANGERS OF REPORTING ON HUMAN INVESTIGATING THE HEALTH AND RIGHTS SAFETY RISKS OF NATIVE CHILDREN AT Committee on Foreign Affairs: Subcommittee on Africa, BIE BOARDING SCHOOLS Global Health, Global Human Rights, and Inter- Committee on Natural Resources: Subcommittee for In- national Organizations held a hearing entitled ‘‘The digenous Peoples of the United States held a hearing

VerDate Sep 11 2014 07:02 May 17, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D16MY9.REC D16MYPT1 dlhill on DSKBBY8HB2PROD with DIGEST D554 CONGRESSIONAL RECORD — DAILY DIGEST May 16, 2019 entitled ‘‘Investigating the Health and Safety Risks OVERSIGHT OF THE SBA’S WOMEN-OWNED of Native Children at BIE Boarding Schools’’. Testi- SMALL BUSINESS FEDERAL CONTRACT mony was heard from Mark Cruz, Deputy Assistant PROGRAM Secretary for Policy and Economic Development, In- Committee on Small Business: Subcommittee on Con- dian Affairs, Bureau of Indian Affairs, Department of tracting and Infrastructure held a hearing entitled the Interior; and public witnesses. ‘‘Oversight of the SBA’s Women-Owned Small Busi- ness Federal Contract Program’’. Testimony was HIV PREVENTION DRUG: BILLIONS IN heard from William Shear, Director, Financial Mar- CORPORATE PROFITS AFTER MILLIONS IN kets and Community Investment, Government Ac- TAXPAYER INVESTMENTS countability Office; and Robb N. Wong, Associate Committee on Oversight and Reform: Full Committee Administrator, Office of Government Contracting held a hearing entitled ‘‘HIV Prevention Drug: Bil- and Business Development, Small Business Adminis- lions in Corporate Profits after Millions in Taxpayer tration. Investments’’. Testimony was heard from public wit- nesses. THE IMPACTS OF STATE-OWNED ENTERPRISES ON PUBLIC TRANSIT AND CFPB’S ROLE IN EMPOWERING FREIGHT RAIL SECTORS PREDATORY LENDERS: EXAMINING THE Committee on Transportation and Infrastructure: Full PROPOSED REPEAL OF THE PAYDAY Committee held a hearing entitled ‘‘The Impacts of LENDING RULE State-Owned Enterprises on Public Transit and Committee on Oversight and Reform: Subcommittee on Freight Rail Sectors’’. Testimony was heard from Economic and Consumer Policy held a hearing enti- Phillip A. Washington, Chief Executive Officer, Los tled ‘‘CFPB’s Role in Empowering Predatory Lend- Angeles County Metropolitan Transportation Au- ers: Examining the Proposed Repeal of the Payday thority, California; and public witnesses. Lending Rule’’. Testimony was heard from Thomas Pahl, Policy Associate Director for Research, Markets OVERCOMING RACIAL DISPARITIES AND and Regulations, Consumer Financial Protection Bu- SOCIAL DETERMINANTS IN THE reau. MATERNAL MORTALITY CRISIS Committee on Ways and Means: Full Committee held EVENT HORIZON TELESCOPE: THE BLACK a hearing entitled ‘‘Overcoming Racial Disparities HOLE SEEN ROUND THE WORLD and Social Determinants in the Maternal Mortality Committee on Science, Space, and Technology: Full Com- Crisis’’. Testimony was heard from Representatives mittee held a hearing entitled ‘‘Event Horizon Tele- Kelly of Illinois and Herrera Beutler; Melanie Rouse, scope: The Black Hole Seen Round the World’’. Tes- Coordinator, Maternal Mortality Projects Coordi- timony was heard from France Co´rdova, Director, nator, Virginia, Office of the Chief Medical Exam- National Science Foundation; and public witnesses. iner, Virginia Department of Health; Loren Robin- son, Deputy Secretary for Health Promotion and THE FUTURE OF FORECASTING: BUILDING Disease Prevention, Pennsylvania Department of A STRONGER U.S. WEATHER ENTERPRISE Health; and public witnesses. Committee on Science, Space, and Technology: Sub- committee on Environment held a hearing entitled CHINA’S DIGITAL AUTHORITARIANISM: ‘‘The Future of Forecasting: Building a Stronger U.S. SURVEILLANCE, INFLUENCE, AND Weather Enterprise’’. Testimony was heard from POLITICAL CONTROL Neil Jacobs, Assistant Secretary of Commerce for En- Permanent Select Committee on Intelligence: Full Com- vironmental Observation and Prediction, Performing mittee held a hearing entitled ‘‘China’s Digital the Duties of the Under Secretary of Commerce for Authoritarianism: Surveillance, Influence, and Polit- Oceans and Atmosphere, National Oceanic and At- ical Control’’. Testimony was heard from public wit- mospheric Administration, Department of Com- nesses. merce; Louis Uccellini, Assistant Administrator for Weather Services, and Director, National Weather Service, National Oceanic and Atmospheric Admin- Joint Meetings istration, Department of Commerce; and public wit- No joint committee meetings were held. nesses.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, May 20 9 a.m., Friday, May 17

Senate Chamber House Chamber Program for Monday: Senate will be in a period of Program for Friday: Consideration of H.R. 5—Equality morning business. At 5:30 p.m., Senate will vote on the Act. motion to invoke cloture on the nomination of Daniel P. Collins, of California, to be United States Circuit Judge for the Ninth Circuit.

Extensions of Remarks, as inserted in this issue

HOUSE Fletcher, Lizzie, Tex., E607 Panetta, Jimmy, Calif., E610, E611 Foster, Bill, Ill., E607, E611 Pappas, Chris, N.H., E614 Aderholt, Robert B., Ala., E609 Garcia, Sylvia R., Tex., E617 Pelosi, Nancy, Calif., E607 Armstrong, Kelly, N. Dak., E616 Gonzalez, Vicente, Tex., E614 Pence, Greg, Ind., E616 Bishop, Sanford D., Jr., Ga., E608 Gonza´ lez-Colo´ n, Jenniffer, Puerto Rico, E609 Rutherford, John H., Fla., E616 Blumenauer, Earl, Ore., E614 Hastings, Alcee L., Fla., E613 Brooks, Susan W., Ind., E610 Higgins, Brian, N.Y., E615 Scott, Robert C. ‘‘Bobby’’, Va., E613 Carson, Andre´, Ind., E612 Jackson Lee, Sheila, Tex., E616 Sherman, Brad, Calif., E611 Chu, Judy, Calif., E610 Johnson, Eddie Bernice, Tex., E612 Speier, Jackie, Calif., E612 Cleaver, Emanuel, Mo., E611 Joyce, David P., Ohio, E614 Thompson, Bennie G., Miss., E615 Correa, J. Luis, Calif., E607 Kilmer, Derek, Wash., E611 Wexton, Jennifer, Va., E607, E608, E609, E610 Davis, Danny K., Ill., E616 Lawson, Al, Jr., Fla., E613 Wild, Susan, Pa., E610 DeLauro, Rosa L., Conn., E608 McAdams, Ben, Utah, E609

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