Congressional Record—Senate S7884

S7884 CONGRESSIONAL RECORD — SENATE December 19, 2018 events that could be triggered by a de- reversed. I hope this can be reexamined years to better benefit the entire coun- cision. This is not a game. This is seri- because I honestly believe—put politics try based upon compromise by trans- ous stuff. aside—I honestly believe this is a cata- plant experts, patients, and stake- On top of all that, losing the trust of strophic decision for America’s na- holders. our allies and nations around the tional security interests. If this stands, However, the next year in 2018, a law- world, losing our influence in a solu- we in this Congress and we as a nation suit was filed based upon the HRSA al- tion in Syria—ISIS is going to re- are going to be dealing with the con- location policies, and in the face of emerge. It is not going to be the same sequences of it for years to come. that single voice of criticism, they dis- ISIS it was before, controlling vast We will remember this day as the day regarded years of work and com- amounts of territory, but I will tell that started it all. We will remember promise that was reached the year be- you what, al-Qaida never controlled this day as a major blunder, in which fore. It is unfortunate that the basis vast amounts of territory. Operating by ignoring the advice of every diplo- for this policy change was litigation, from caves and hideouts throughout matic and military official who has not a determination of how best to im- the Middle East, they carried out 9/11 spoken about this publicly for the last prove the Nation’s organ transplant, and other threats against the United 2 years, we made a decision, for reasons procurement, and allocation process. States and the homeland that were that have not yet been explained, that HRSA has rushed to respond to this thwarted. triggered—that triggered—a series of lawsuit by abdicating their duty to im- ISIS is going to reemerge now. They events that no one foresaw at the time plement good policy, instead allowing are once again going to be able to re- but proved to be much more dangerous a single case to divert liver allocation cruit people. They are going to have an and much costlier than anything we policy across the entire United States. In October, I had a meeting with Dr. insurgency that is going to be able to are doing there now. strike and perhaps externally plot. So I honestly and sincerely hope George Sigounas, the Administrator of They are going to be able, from that someone in the administration is lis- HRSA. He described to me the impor- presence they have in Syria, to influ- tening and that there is a chance to re- tance of the comment period on these policies and how seriously his Agency ence their affiliates everywhere from verse or amend this decision before it would take them, especially consid- the Philippines to Central Africa, to is too late. other countries in the region. I yield the floor. ering that they were the very institu- That is why I am here to tell you this The PRESIDING OFFICER. The Sen- tions and doctors who would go on to is a catastrophic decision. Forget, for a ator from Kansas. perform these transplants. Shortly thereafter, I was dis- moment, about no one being notified; f appointed to learn these comments it was just announced at the last were not comments made by the pub- minute. I haven’t heard a single mem- LIVER TRANSPLANT POLICY lic, by these institutions, the doctors ber of the administration—not one, not Mr. MORAN. Mr. President, I am who perform transplants—that these the Secretary of Defense, not the Sec- here to speak tonight because some- comments were not even considered by retary of State—who is going to own thing is not right. I want to express my the individuals tasked with crafting this decision? Who is willing to step real concern with the recent decision of the national liver allocation policy and advising the latest policy. In fact, forward and tell the American people Sue Dunn, the president of OPTN, has or Congress, here is why we are making made by the Organ Procurement Transplant Network made on Decem- informed a number of commenters in this decision, and here is the strategy the transplant community that their it is in furtherance of? Someone ex- ber 4. This sounds like something that is concerns over new policy were not even plain that. It is important. The Amer- read by the board that approved the ican people deserve to know. I haven’t far away and perhaps of no real con- sequence, but the decision that was new policy. The reason these comments heard that today. We haven’t heard it were not considered was due to the fact made has huge consequences on every before. that OPTN’s comment system was so American and should be receiving more We thought we had the outlines of overloaded in the days leading up to attention than it has to date because some strategy here. All that has been the decision that it caused a complete the number of organs that are avail- taken away. Why are we doing this? shutdown of that process. What is the rationale and what comes able for transplant and where those or- So many transplant hospitals, sur- next? What is the plan to keep ISIS gans will be available is being deter- geons, and medical professionals had from reemerging? What is the plan to mined by this small group of people. deep enough concerns that they took keep Iran from growing its presence in The decision they made throws aside the time out of their day to express Southern Syria and threatening Israel? expert advice from transplant surgeons them. These are the people tasked with What is the plan to deal with the al- and hospitals on best practices. It also saving lives through transplants each Qaida element that already exists carries the risk of decreasing organ do- and every day. Yet their opinions, in there? What is our role? What role are nation rates, as donors learn their or- essence, were deemed invalid. So many we going to play in a post-ISIS and gans will not be used in their own com- comments were submitted that the en- post-al-Qaida Syria—and particularly munities but will be shipped someplace tire system shut down, and OPTN’s re- as it relates to whether it can be used in the country. Places in the country sponse was simply to ignore them. as a base of operations against our in- today have donor programs designed to Further, OPTN did not choose to re- terests and our men and women in uni- encourage donors to donate their or- consider their damaging policies in the form stationed in the region. None of gans, and part of that is the under- face of widespread opposition from the that has been outlined. standing that those organs are going to medical community. OPTN continues Is anyone in the administration be available for your family, your to push forward against all common going to own this and explain it? Be- friends and neighbors, and people with- sense in their pursuit to radically alter cause so far we haven’t heard it, and in your community. the way organs are distributed across this is an important public policy deci- This decision limits the availability the United States. Decisions on na- sion. and access to donated organs in areas tional organ allocation should be I hope I am wrong about all this. I that currently have low wait times and grounded in expert opinions rather hope this all works out, but it is not damages the ability of our major trans- than in a response to a single lawsuit. going to, and I am telling you, these plant hospitals to perform these serv- HRSA and OPTN are making a grave are the kinds of decisions that define ices for patients. In December of 2017, mistake in pushing this damaging pol- Presidencies. These are the kinds of following two rounds of public com- icy that carries a significant cost— mistakes that end up haunting a na- ment period and extensive deliberation human lives. tion for years and years and years by the OPTN board, that board ap- In the meeting I had with Dr. thereafter. proved a compromise allocation policy Sigounas, as I indicated, he told me It is the hard lesson of Iraq. It is the that served the transplant commu- these comments should not just be hard lesson of decisions made at other nity’s best interests. This served as a comments but present actual sugges- times in our history. I hope this can be policy reform that was worked out over tions of what the policy should be. I

VerDate Sep 11 2014 06:31 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.084 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7885 know of institutions and organizations nomic development bills, conservation gress and make their voices heard. that did that, and to learn they were bills, research bills, and nutrition bills. They have an incredible role model in disregarded causes me to have great She and I—and I am the first Senator MARCIA FUDGE. concerns. in half a century to be on the Ag Com- I am grateful, Congresswoman The Senator from Missouri, Mr. mittee for some of the same reasons FUDGE, to have you as my Congress- BLUNT, and I have probed Secretary Congressman FUDGE is on this com- woman. I am proud to call you a col- Azar, the Secretary of Health and mittee. We have worked together to league and a friend. Human Services, on this subject, and write two farm bills. f we are eagerly awaiting his justifica- This year, we both served on the ECONOMY tion for what appears to be a major sig- bill’s conference committee, and we nificant error. It appears that HRSA fought House Republican efforts to Mr. BROWN. Mr. President, I noticed and OPTN making policy in such a erect more bureaucracy to gut nutri- today news reports from Bloomberg reckless fashion has become the nor- tion programs in Ohio that families that the year 2017 is shaping up to be or mal state of affairs. Additional over- rely on. These are programs for people likely was the most profitable year in sight may be necessary to ensure that making $8, $10, $12 an hour who don’t Wall Street history. So what is fairness in organ allocation policy is have quite enough income to feed their Congress’s reaction to that? What hap- protected and some common sense pre- families. We won that fight. pens in the majority leader’s office? vails in future policy. I know there is a Tomorrow the President is scheduled More special interest legislation, more group of Senators who are working on to sign the bipartisan farm bill we breaks for Wall Street, more tax cuts. legislation to do just that. passed with overwhelming bipartisan So this Congress—this Congress has de- I am very disappointed in the actions support in both Houses. Congress- cided that Wall Street never quite has of HRSA, OPTN, and UNOS. This proc- woman FUDGE and I worked to right a enough; that the richest people in this ess has been flawed from start to fin- century-old wrong and get Central country are never rich enough; that ish, guided not by what is best for the State University the 1890 land grant the most powerful people in this coun- country but how to sidestep a single status they deserve. That designation try are not powerful enough. lawsuit. isn’t just a rhetorical honor; it means So what happens down the hall in the Organ procurement and allocation more opportunities for funding and re- majority leader’s office? What happens policy is too important. It is about life search in partnerships with industry— way down the hall in the Speaker’s of- and death and is too important to be the sort of results that Marcia delivers fice, although voters this year decided simply decided by lawsuits and for her district. this year to eject him and his staff and countersuits, which I fear now will be- She is a leader among her colleagues. his cohorts and his fellow travelers—if come the way of addressing this issue. As head of the Congressional Black I can use a phrase like that—from that I will continue to work to protect our Caucus, she led the fight on so many office and elect a whole different group hospitals, our doctors, and particularly issues, including working to ensure of people. our patients—Americans—from this that all Americans have a voice in What they have done is meet behind policy that disregarded all input from their government. closed doors to help the oil companies, those in the transplant community. A few years ago, we held a field hear- the drug companies, the gun lobby, and This discussion cannot be seen as any- ing on barriers too many Ohioans face help especially Wall Street. In fact, not thing coming to a close. It is far from exercising their most fundamental only are there all kinds of Wall Street over. I remain committed to finding right—the right to vote. MARCIA was a lobbyists day in and day out—tobacco answers, changing the tide, and putting star in that hearing. It came in the lobbyists, gun lobbyists, and others, patients and providers first in these wake of a despicable Ohio law and, but the White House itself looks like a life-or-death scenarios. frankly, years of attempts at voter retreat for Wall Street executives. I thank you. suppression by Ohio Republicans—a We know that. That is why, I guess, I yield the floor. despicable Ohio law that cut the num- Wall Street had such a great year in The PRESIDING OFFICER. The Sen- ber of early voting days in half. 2017. ator from Ohio. We know exactly whom these laws f f are aimed at. MARCIA testified about how these suppression tactics hurt TRIBUTE TO PAT ROGALA TRIBUTE TO MARCIA FUDGE communities of color. Unfortunately, Mr. BROWN. Mr. President, I want to Mr. BROWN. Mr. President, 10 years it has gotten worse—limiting absentee honor the career of Patricia Rogala, ago this summer, we lost a longtime balloting, restricting provisional bal- who has been with my office our entire friend of mine and colleague, a remark- loting—and the Supreme Court, a 12 years in the Senate and my 14 years able public servant, Congresswoman Court that puts its thumb on the scale in the House before that. Pat is the Stephanie Tubbs Jones. of justice in support of corporations model of a dedicated public servant. When MARCIA FUDGE, then the mayor over workers, a Court that puts its After more than 25 years serving the of Warrensville Heights, a Cleveland thumb on the scale of justice to sup- people of Ohio, Pat is retiring at the suburb, won the special election to port Wall Street over consumers, and a end of the year. Stephanie’s seat to represent the 11th Court that rubberstamps all these re- Her first day on the job in Cleveland, Congressional District, including strictions on voting. Congress was in the middle of a fight— Cleveland and the home where Connie I look forward to continuing our sounds familiar—over healthcare. and I live, she had big shoes to fill, but fight alongside MARCIA against these Some local activists sent an Elvis im- MARCIA rose to the occasion. For the tactics straight out of the Jim Crow personator to the office singing a past decade, she has been a fighter for era. I know MARCIA will continue to be healthcare song to the tune of ‘‘It’s my hometown of Cleveland and the a leader. There is no doubt, even before Now or Never.’’ Pat said at the time, east side suburbs into Akron and all her election to Congress, that MARCIA ‘‘What am I getting myself into?’’ the Ohioans she serves. was a force to be reckoned with: a Fortunately, she stayed. As our Ohio On the Education and Workforce former mayor, a former congressional scheduler, she has sent me all over my Committee, she has become a senior chief of staff, and former national State. She has helped me put more leader who knows how to get things president—as important as anything road miles on our made-in-Toledo Jeep done. She stands up for Ohio’s teach- she has done, I think in her mind—of Cherokee than any travel agent ever ers, students, and families. Delta Sigma Theta. She still helps lead could. MARCIA also joined the Agriculture efforts to bring Deltas from around the She has made sure I am able to serve Committee, perhaps not initially seen country to the Hill each year for Delta Ohioans through meetings and as a natural fit for someone with an Days. Hundreds of driven, ambitious, roundtables and plant visits. She urban district like hers, but she under- smart, committed, empathetic talented juggles a Senate schedule that stands that farm bills are not just Black women come to our Nation’s changes—as we see tonight—always at about crops. They are food bills, eco- Capitol to meet with Members of Con- the last minute. She ensures that this

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