Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 115 CONGRESS, FIRST SESSION

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

Vol. 163 WASHINGTON, WEDNESDAY, MARCH 22, 2017 No. 50 House of Representatives The House met at 10 a.m. and was tect oneself and to protect one’s family care and eliminating the environ- called to order by the Speaker pro tem- is to apply for citizenship if you are eli- mental laws that have made the water pore (Mr. HULTGREN). gible. we drink and the air we breathe so f Some days they are lined up out the much safer. They worry about where door of my office. So full are our daily women and girls will get healthcare DESIGNATION OF SPEAKER PRO appointments, we had to add a Satur- services in cities like Chicago if Trump TEMPORE day citizenship workshop to accommo- and his buddies defund Planned Parent- The SPEAKER pro tempore laid be- date all of the people who wanted to hood, or what happens after the courts fore the House the following commu- apply, and we will be adding additional are stacked with judges who are so out nication from the Speaker: workshops. At one workshop a couple of step with the modern era on gender WASHINGTON, DC, of weeks ago, staff and volunteers and civil rights, consumer protections, March 22, 2017. worked with families to fill out the pa- women’s health, and any of the other I hereby appoint the Honorable RANDY perwork, assemble all of the evidence issues people care about. HULTGREN to act as Speaker pro tempore on and fees for the application. In one day Anyone who walked out of that citi- this day. we helped 260 people fill out their citizenship workshop where 260 new citi- PAUL D. RYAN, zenship applications. zenship applications were completed Speaker of the House of Representatives. I discovered something very impor- felt a sense of community and inter- f tant. People keep coming back to me connectedness with one another. Now, MORNING-HOUR DEBATE and asking: What can I do to fight it is sad to report that thousands of my back? What can I do to help immigrant constituents can’t spend a Saturday The SPEAKER pro tempore. Pursu- communities who are under siege by morning applying for citizenship. Many ant to the order of the House of Janu- President Trump, ‘‘President’’ Bannon, of them are at legal clinics or law of- ary 3, 2017, the Chair will now recog- and all the rest of the people who want fices filling out papers to address the nize Members from lists submitted by to drive immigrants out of the coun- very fear that they will lose their the majority and minority leaders for try? homes, their savings, and their families morning-hour debate. So I told them they could help others if Trump’s deportation force knocks on The Chair will alternate recognition apply for citizenship, and they came in their door. between the parties, with each party droves—hipsters with funky facial hair, They are filling out, by the thou- limited to 1 hour and each Member women with pink knit hats they made sands, power of attorney documents other than the majority and minority for the Women’s March, environmental and child custody papers in case they leaders and the minority whip limited and LGBTQ activists, union members, are grabbed off the street, in their to 5 minutes, but in no event shall de- and just plain old folks from my dis- homes, or, worse yet, in their places of bate continue beyond 11:50 a.m. trict who are not themselves immi- worship. It is heartbreaking. Moms and f grants but who feel the solidarity with dads are making decisions about who immigrants in their community. their kids will go to live with if they SURGE IN CITIZENSHIP You know what? This new group, get picked up and deported. Which rel- APPLICATIONS after getting a little training, sat for a ative, neighbor, or older sibling will be The SPEAKER pro tempore. The few hours with immigrant families, in charge if mom and dad are taken Chair recognizes the gentleman from going over their histories, their stories, away? Illinois (Mr. GUTIE´ RREZ) for 5 minutes. their reasons for being here, and their Believe me, these kids know what is Mr. GUTIE´ RREZ. Mr. Speaker, I reasons for applying for U.S. citizen- going on. The 5 million U.S. citizens have spoken here before about the ship. And they were pretty good at fill- who have parents at risk of deportation surge in demand for citizenship we are ing out government forms. They know that their government is a threat seeing in the Fourth Congressional Dis- formed a bond. They got to know each to their safety and their security. trict of Illinois. Thousands who are eli- other. They were helping each other Their own government could come to gible are taking the step to become accomplish a mutual goal, which is the door and upend their lives at any citizens because they feel threatened standing up to xenophobia and the moment, and their parents are pre- by a President and administration that Trump-Bannon era. paring for the worst. does not seem to think of immigrants, The citizens and the applicants to be- It is the humanity, the love, their refugees, Muslims, or Latinos as come citizens are both worried about striving for a better life that comes human beings. So the one way to pro- Republicans taking away their health through in these parents who want

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.

H2291

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.000 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2292 CONGRESSIONAL RECORD — HOUSE March 22, 2017 what is best for their children and versing some of the damage inflicted Lastly, Susana Barreiros Rodriguez. what was unavailable to them in some by the previous administration on the In 2015, she was the judge of the 28th far-off country. These are very real cause of freedom and democracy in Trial Circuit Court of Caracas who was people who have no legal avenues that Cuba. Our policy in Cuba should send a the one who originally unjustly sen- allow them to live and work here le- strong message throughout the hemi- tenced Leopoldo Lopez to jail. gally, who have no options other than sphere that the United States will no We must provide a voice for those to hide or leave, who have been cut off longer remain silent on these atroc- whose rights continue to be trampled, from fully integrating into our society ities. and take swift and decisive actions as citizens because Congress has been It is well known that Cuba has ex- such as imposing sanctions on all of fighting over immigration reform. posed, has exported its barbaric tactics these regime officials and many more These are the people that Mr. Bannon, to other countries in the hemisphere, who facilitate those abuses. Mr. Sessions, and Mr. KING have been namely, Venezuela. The Venezuelan When it comes to the tyranny in working together for years to get out people believe that there is no justice Cuba and in Venezuela, Mr. Speaker, of what they call their country so that in their land. They believe that there is we must have a clear vision and a clear our erratic new President can point to no respect for law in their country, and understanding of the nature of these deportations and say that he is making they are right. rogue regimes that do not respect the America great again. And what about their economy? rule of law, do not respect freedom of What is clear from the citizenship Well, according to the International expression, and do not respect any kind surge and all those who want to help is Monetary Fund, the inflation in Ven- of human dignity. that America is not only great, not ezuela last year was around 800 per- f only kind, not only dedicated to the cent—800 percent—and the inflation HEALTHCARE TROJAN HORSE proposition that all men are created projection for this year is 1,600 percent. equal, but there are Americans and This is not sustainable, Mr. Speaker, The SPEAKER pro tempore. The those who want to be Americans will- especially when press reports are so Chair recognizes the gentleman from ing to stand up and resist when leaders visual when they show that Venezuelan Wisconsin (Mr. POCAN) for 5 minutes. take us in the wrong direction. people are scavenging for food. They Mr. POCAN. Mr. Speaker, when Mr. Speaker, you will see millions of don’t have any money, and they are ac- Queen Helen of Sparta was abducted by Americans and aspiring Americans tually leaving their country in order to the Trojan prince Paris, Helen’s jilted marching together in American cities find food. husband convinced his brother, a Greek across our great Nation on May 1, and Venezuela has only a little over $10 king, to lead an expedition to retrieve when you do, you will see this bond and billion worth of foreign reserves, yet it her. He was accompanied by a fleet of this shared humanity this coming May owes $7 billion in outstanding debt pay- more than a thousand ships. They 1. ments. This tells us, Mr. Speaker, that crossed the sea to Troy and demanded f we have, sadly, not yet hit rock bottom Helen’s return. in Venezuela and that the situation The siege, punctuated by all sorts of CUBA AND VENEZUELA will get worse, which is why it is so im- battles and skirmishes, lasted more The SPEAKER pro tempore. The portant that we begin the process to than 10 years until one day when Odys- Chair recognizes the gentlewoman from bring democratic reforms to the coun- seus had a bright idea. He said: Hey, Florida (Ms. ROS-LEHTINEN) for 5 min- try now in order to prevent a larger guys, let’s build a really massive wood- utes. crisis that is looming in the future. en horse. Let’s pretend like we have Ms. ROS-LEHTINEN. Mr. Speaker, I One way to achieve this, Mr. Speak- given up and sailed our fleet behind rise today to discuss two foreign policy er, is to impose sanctions on human some island, but really about 30 of us areas that are important to our Nation, rights violators. Mr. Speaker, more will hide inside the horse. We will have our region, and to my constituency in targeted sanctions against those indi- someone tell the Trojans that it is south Florida. Cuba and Venezuela are viduals who are responsible for the some kind of gift to Athena, the god- two countries in our hemisphere that famine and the human rights viola- dess of war, and they will haul it into suffer under dictatorships and are tions that are ongoing in Venezuela are their city. When they are asleep, we avowed enemies of the United States. desperately needed. will all sneak out, open the gates for In my native homeland of Cuba, we Let’s examine some of the individ- everybody else, and totally kill every- have seen human rights violations on uals who I believe should be on the body in the city. the rise ever since the U.S. concessions sanctions list. First off we have Maikel And that is the legend of the Trojan to the Castro regime in December 2014. Moreno. This individual, months ago, horse. One example is the case of Dr. Eduardo used Venezuela’s kangaroo courts and So what is the moral of that story Cardet of Holguin, Cuba, pictured here. ratified the unjust sentence against po- and why am I reciting Greek lore on He is a medical doctor and the leader of litical prisoner Leopoldo Lopez. the floor of Congress today? the Christian Liberation Movement How was he rewarded by the Maduro Well, because history has a way of re- who was savagely beaten in front of his regime? peating itself. Today we have our own wife and two children and has been im- He was appointed to be the president Trojan horse, a so-called GOP prisoned since November 2016. Just of the Supreme Justice Tribunal. Just healthcare bill, TrumpCare, that pro- days ago he was sentenced to 3 years in appalling. fesses to be about health care but, in prison. Next up is Marco Torres. Marco reality, is a Trojan horse to give tax Dr. Cardet is condemned and sen- Torres is the Venezuelan Minister of breaks to the wealthiest in the coun- tenced because he is the voice for Food. Let’s examine his awful track try. change and a respected human rights record. The food shortages in Ven- Let’s take a serious look at it. We leader. The truth is that Eduardo ezuela are rampant, and it is difficult are told that it is the replacement to Cardet has been imprisoned because he for the people to feed themselves or the Affordable Care Act, a bill that has is willing—and has been doing it—to their families. To make matters worse, offered insurance to over 20 million tell anyone who would listen that the Mr. Speaker, press reports indicate people in this country. Now that re- Cuban people do not approve of the that Venezuelans are eating from trash placement is supposed to fix the prob- Castro regime. For not supporting this in the street just to survive. The Ven- lems of the Affordable Care Act and en- vile Castro dictatorship and for speak- ezuelan people deserve better. sure health care for everyone, as prom- ing out against such cruelty and Next we have Jose Viloria Sosa, this ised by President Trump. abuses, he was sentenced to 3 years. gentleman right here. He is the direc- But the covert part of TrumpCare Mr. Speaker, we cannot stand idly by tor of the military prison of Ramo was that he got busted last week when as more and more prodemocracy lead- Verde. This decrepit character is re- the Congressional Budget Office, our ers are being beaten and arrested on sponsible for the inhumane treatment nonpartisan agency that evaluates the island. The President and his new and abusive tactics against human bills, said that, in reality, the bill does administration have committed to re- rights activist Leopoldo Lopez. little to improve health care. In fact, it

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.002 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2293 said 24 million people would lose access One of the biggest challenges facing happy. Because of you both, I am the to health care, not gain it. And it said career and technical education is the happiest man on Earth. We love you older Americans would pay more for stigma associated with it. Through the very much, and I miss you very much health insurance than under the Af- years, we have seen wrongheaded when I am here in the people’s House fordable Care Act and get fewer sub- claims that students involved in the and you are in California in our fam- sidies, and that more people on Med- trades lacked ambition. Those mis- ily’s house. The best feelings in the icaid would lose access to health care placed assumptions are slowly sub- world are when I get home after a long as well. siding, but not soon enough. week here and you two girls run up to So how can a supposed healthcare CTE has established itself as a path me with open arms and you run into bill actually reduce health care? that many high-achieving students my arms screaming: Daddy, daddy, Well, when it is only a pretend choose in pursuit of industry certifi- daddy. I will never forget those mo- healthcare bill. cation and hands-on skills that they ments ever, and I thank you for them. And what else did the CBO say? can use right out of high school, in Mr. Speaker, my daughters mean the Well, they said this bill also includes training programs, or in college. world to me, and my daughters’ future almost $600 billion in tax cuts for the At this hearing, we heard from many and their health mean the world to me. wealthiest individuals in our country, knowledgeable witnesses, including And now, more than ever, I want to insurance companies, and Big Pharma. Mike Rowe, the television host of the protect health care for Sky and Sage It gets worse. Those tax cuts for the television show ‘‘Dirty Jobs.’’ Mike and for the millions of Americans wealthy, just how bad are they? shared his experience as a young stu- across our great Nation. Well, the 400 richest families in the dent who didn’t know what career path I am an emergency physician, and I country making more than $300 million he wanted to follow. So, he looked no have spent my career caring for pa- a year will get an annual tax cut of $7 further than his local community col- tients across the Nation from Boston million each. So Charles Koch and lege. to Pittsburgh and to the Coachella Val- Betsy DeVos get $7 million a year His eyes were open to hundreds of ley where I grew up and which I now while a retired farmer in Janesville, courses that he could afford to study. represent. Many of my patients, far too Wisconsin, in Speaker RYAN’s district, And Mike said: ‘‘That experience many, didn’t have health insurance. earning $26,000 a year may have to pay opened doors I didn’t even know ex- And I have seen firsthand what it $14,600 for the same health care she got isted. But that same experience is pre- means for people when they don’t have under the Affordable Care Act, but the cisely what thousands of kids are dis- health coverage and can’t afford care. I know what uninsured patients look old cost was only about $1,700. That is couraged from pursuing every year.’’ like. They are the senior who comes in a 750 percent increase on low-income, Mr. Speaker, the reality is, a huge with emphysema and having to be older Americans so the richest can gap exists in communities nationwide. intubated and put on a respiratory ma- bank millions. There are jobs out there, good family- chine because they didn’t have health b 1015 sustaining jobs, but the unemployed or insurance to see their doctor. It is the underemployed are either ill-prepared And the CBO said another tax cut in diabetic who comes in in a diabetic or lack the appropriate training to fill TrumpCare provides about $275 billion coma and spends 2 months in the ICU these vacancies. The answer to this in tax breaks that only the top 2 per- because they couldn’t afford their insu- problem starts with career and tech- cent of Americans can get, while 98 lin, or they couldn’t see their doctor. percent of us will never see a dime. nical education. Or that 60-year-old farmworker who That is why last Congress I intro- And who else gets tax cuts? Insur- had urinary problems and lower back duced Strengthening Career and Tech- ance companies get a tax break of pains, which scares me that he might about $145 billion, drug companies get nical Education for the 21st Century have prostate cancer metastasized to a tax break of $25 billion, and medical Act. This bill, which passed the House the lumbar spine, and when asked when device companies get a break of about in the fall by a vote of 405–5, aimed to was the last time he saw a doctor, he $20 billion. That is almost $600 billion close the skills gap by modernizing the said 6 years ago because that is when worth of tax cuts for the wealthy, and Federal investment in career and tech- he lost his health insurance. what do we get? Less health care for nical education programs and con- This Republican plan should be called more money. necting educators with industry stake- the pain and suffering act or the pay That is not a serious healthcare al- holders—the job creators. more for less act, because that is what ternative. That is a tax cut for the I look forward to reintroducing simi- it will do. This bill will add 14 million wealthy disguised as health care, and lar legislation with my Career and more uninsured people within 1 year you and I get to foot the bill. Technical Education Caucus co-chair, and 24 million more over the next dec- That is what is called a Trojan horse. Congressman JIM LANGEVIN from ade. And you have to be especially careful Rhode Island, later this month. We need to move beyond the Repub- these days because Trojans are a little During the hearing, Mike Rowe de- lican hyperpartisan ideology and listen bit different than they used to be, and scribed naysayers as viewing a job in to patients and their concerns. My pa- they are only used when you get—well, the trades as a ‘‘vocational consolation tients in the emergency department the same thing this will do to America, prize.’’ Well, Mr. Speaker, nothing ask me two of the most common ques- Mr. Speaker. could be further from the truth. We tions, which are: Am I going to be f must change this stigma, this bias, and okay? How much is this going to cost help encourage American students to me? IMPORTANCE OF CAREER AND study a career that they are interested I have never cared for an uninsured TECHNICAL EDUCATION in and that they are passionate about. patient who chose to be uninsured. The SPEAKER pro tempore. The The list is endless with career and They didn’t have health insurance be- Chair recognizes the gentleman from technical education, and the jobs are cause they couldn’t afford it. And that Pennsylvania (Mr. THOMPSON) for 5 out there. includes the young, healthy patient minutes. f who was in an unfortunate car accident Mr. THOMPSON of Pennsylvania. and was left paralyzed. I never met a Mr. Speaker, recently, the House Edu- HEALTH CARE CONCERNS doctor who preferred their patients to cation and the Workforce Sub- The SPEAKER pro tempore. The be uninsured. committee on Early Childhood, Ele- Chair recognizes the gentleman from Yet, we know that the Republican mentary, and Secondary Education California (Mr. RUIZ) for 5 minutes. bill’s age tax—huge cuts to Medicaid— hosted a hearing to discuss the state of Mr. RUIZ. Mr. Speaker, today, I cele- will reduce coverage and make millions career and technical education in brate the birth of my twin daughters, more uninsured, increase costs of un- America, as well as changes that can Sky and Sage as they turn 2 years old. compensated care, while giving tax be made to strengthen CTE and better Happy birthday, Sky; happy birth- breaks to millionaires, raising out-of- prepare students of all ages for the day, Sage. You both have made your pocket costs, and raising premiums and workforce. mom, Monica, and me very, very deductibles.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.004 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2294 CONGRESSIONAL RECORD — HOUSE March 22, 2017 The age tax is astronomical. The and we will repeal ObamaCare and re- ate that can make the bill better. That CBO said that a senior at the age of 60, place it with reforms that work. is part of the process, so I certainly re- making about $26,000, would have to So, Mr. Speaker, I am pleased that main open to those. pay about $14,000 in premiums. That is we are finally in a position to deliver But, Mr. Speaker, I am confident this nearly half of their income, leaving on that promise. The voters gave us bill puts us on a path toward lower cost very little for food and housing and what we asked of them, and it is only and better care, and away from govern- their other needs. right that we keep our end of the bar- ment-controlled health insurance. It This bill also will make it harder for gain. represents our opportunity to undo the doctors and hospitals to care for pa- With the American Health Care Act, damage of ObamaCare and help Amer- tients, due to the Medicaid block we begin the process of repealing ican families like we said we would. granting and the cuts. That is why the ObamaCare once and for all. This bill For 7 years, we have been promising, American Medical Association, the dismantles the taxes, mandates, and and this is our chance to deliver. American Hospital Association, the entitlement spending that make up the Mr. Speaker, I urge my colleagues to AARP, and many major provider orga- core of ObamaCare. It cuts taxes on support the American Health Care Act nizations oppose this bill, because they prescription drugs, over-the-counter and send it to the Senate, and get us also know firsthand the harm it would medications, insurance premiums, and one step closer to delivering on our cause to patients. That is why AARP medical devices. It eliminates the indi- promise. opposes this bill, because they know vidual and employer mandate penalties f the harm it is going to cause to the el- that have forced millions into expen- derly in our Nation. sive, inadequate plans. It replaces the b 1030 Now, do PAUL RYAN and President ObamaCare entitlement with refund- LISTEN TO THE PEOPLE CON- Trump really know more about patient able tax credits so that people who CERNING THE AMERICAN care and providing care than doctors, don’t receive insurance through work HEALTH CARE ACT nurses, and hospitals? Do they know can put their own tax dollars toward a more about taking care of seniors than health plan of their choice. The SPEAKER pro tempore. The the AARP? No. We need to end this Mr. Speaker, many people have asked Chair recognizes the gentlewoman from hyperpartisan, ideological charade that why our plan to repeal and replace Texas (Ms. EDDIE BERNICE JOHNSON) for puts the cost of health care on the ObamaCare is a process. Why is this 5 minutes. shoulders of working families in order bill only one step and not the full pack- Ms. EDDIE BERNICE JOHNSON of to give tax breaks to multimillion- age? It is an understandable question. Texas. Mr. Speaker, the American aires. We need to come together as one For the last several years, Americans Health Care Act, or TrumpCare, does body to provide true health care, re- have been sold the false hope that gov- one simple thing: This shortsighted Re- duce the healthcare costs for millions ernment has a magic wand with which publican plan forces Americans to pay of Americans, and provide the care they can solve all of their problems. more to get less. It is nothing more that is needed. The truth is, of course, that it can’t. It than a tax break for the wealthiest at the expense of the most vulnerable. f never can. And the only proof you need is ObamaCare itself. Today, joining every major respon- REPEALING OBAMACARE That is why congressional Repub- sible group for providing health care to The SPEAKER pro tempore. The licans and the Trump administration Americans—including the American Chair recognizes the gentlewoman from are taking a completely different ap- Hospital Association, the AARP, the Alabama (Mrs. ROBY) for 5 minutes. proach than President Obama and the National Physicians Alliance, the Mrs. ROBY. Mr. Speaker, 7 years ago Democrats used 7 years ago. Instead of American Medical Association, the As- this week, in this Chamber, the House claiming we need to pass the bill so sociation of American Physicians and gave final passage to the Affordable you can find out what is in it, we have Surgeons, and the National Nurses Care Act, better known as ObamaCare. worked in a transparent way. The bill United—a group representing over I wasn’t in Congress then. Many of us text has been posted online for 3 weeks. 150,000 registered nurses wrote to Con- weren’t. But for my fellow conserv- It has gone through three separate gress urging us to oppose the American atives here today, that vote 7 years ago committee markups, and will come to Health Care Act. marked a decision point, or a moment the House floor in regular order. Registered nurses care for Americans of affirmation, to answer the call to Instead of one giant bill like in our most difficult hours. From our public service and to help chart a bet- ObamaCare, we are using a more re- first breath of life to our final, nurses ter way for this country. sponsible, three-step process. First, we are integral to the delivery of health And for 7 years, we have made the will repeal ObamaCare with all its care in our country. More than any case against ObamaCare. As the law taxes, mandates, and spending through other profession, nurses see the per- has been implemented, that case has budget reconciliation. Next, the Trump sonal effects of a flawed healthcare been largely made for us. Millions have administration will use executive au- system in the hospital every single been forced away from the healthcare thority to weed out the more intricate day. plan and doctor they liked, despite ObamaCare policies one by one to sta- I know, Mr. Speaker, because I was being told otherwise. bilize the market and lower costs. And the first former registered nurse in the This year alone, in Alabama, health finally, Congress will move forward House. I have a firsthand, valuable per- insurance premiums are rising by 58 with legislation addressing more spe- spective and insight that nurses have percent. That is on top of the already cific policies, such as allowing individ- into our healthcare system. We should steep increases the past 2 years. Our uals to purchase insurance across State take their heed alongside the public average deductible for the supposedly lines. outcry about the danger of this so- affordable bronze plan is now $6,000. I believe this will ultimately lead to called replacement bill. I have heard from countless constitu- better, more stable healthcare policy These are not paid protesters going ents about the negative impact of that empowers patients, increases to townhall meetings across this coun- ObamaCare. I have listened to their choices, and lowers costs. try. These are our constituents, par- stories about how higher costs and Mr. Speaker, no bill is perfect. I am ticipating democratically, telling their fewer choices have made it that much sure if every Member of this body came Representatives that they want to harder to keep their families healthy up with their ideal health reform bill, keep and improve the current law, not and make ends meet. they would each be pretty different. It repeal and replace. And in response, I made a promise— is supposed to be that way, because we This proposed plan replaces nothing the same promise President Trump and all represent different districts in dif- for the 24 million Americans who would every conservative in Congress has ferent parts of the country with dif- lose coverage as a result of this ill-de- made over and over: Give us the major- ferent needs. rived legislation. ity in the House and the Senate, give There may well be some changes In my district alone, President us a Republican in the White House, made here in the House or in the Sen- Obama’s Affordable Care Act brought

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.006 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2295 the uninsured rate down from 27.3 per- the health care services that they need. Spe- cessful model to use. In the United States, cent to 20.8 percent, and insured over cifically, the legislation will: Medicare is an example of how successful 265,000 individuals who did not have Eliminate the Prevention and Public such a system can be. If the goal of our Health Fund, which will worsen the health of coverage before. While the main safety health system is to provide quality care for our communities, spread infectious disease, all Americans at the lowest cost possible, net provider in my district, Parkland and increase health system costs; then we must transition to a single payer Memorial Hospital, provided $1 billion Phase out coverage for Medicaid expansion healthcare system—or Medicare For All. in uncompensated care in 2015, Park- in Medicaid expansion states beginning in The principal effect of the American land and the other safety net providers 2020, while preventing new states from re- Health Care Act, on the other hand, will be face severe financial burdens in the ceiving enhanced Federal Medical Assistance the loss of existing health coverage for tens House GOP proposal. Percentage in order to expand Medicaid; of millions of people without any restraints One of my main concerns with this Institute a per capita cap for Medicaid, on healthcare industry pricing practices. along with the option for states to use a bill is that it punishes people who get This legislation will result in overwhelming block grant instead. Both options will reduce health insecurity for the American people. their coverage through Medicaid by coverage for the most vulnerable, shift care On behalf of registered nurses across the capping and slashing the program. from clinics to emergency rooms, increase country, we urge the rejection of this flawed, With 70 million Americans and 5.2 mil- system costs for the chronically ill as they and deadly, proposal. We urge you to instead lion Texans who currently rely on Med- defer treatments because of cost, and un- support guaranteed healthcare for all, icaid, per capita caps on the program fairly shift the burden of costs to the states; through an improved, expanded Medicare for would not meet the needs of the popu- Empower individual states to determine All program. lation, and the people would suffer. eligibility, scope and benefits for Medicaid as Sincerely, per their own discretion, but there will be no DEBORAH BURGER, RN, People will live or die as a result of increase in federal monies to cover expanded our decisions here on this floor, Mr. President, NNU. eligibility; JEAN ROSS, RN, Speaker. There is no reason for the Re- Eliminate funding to Planned Parenthood President, NNU. publican leadership to rush this legisla- which will worsen women’s health, and cre- tion without careful consideration, in- ate burdens for women, families and society f cluding the input of those who actually from unsafe pregnancies and other health conditions no longer treated; RECOGNIZING CAMPBELLSVILLE provide health care. UNIVERSITY LADY TIGERS WOM- We need to listen to our constituents, Eliminate the definition of ‘‘essential benefits’’—a move that makes all patients vul- EN’S BASKETBALL TEAM our nurses, our doctors, our long-term nerable to the distortions and marketing care aides, and our hospitals. We must The SPEAKER pro tempore. The games of insurance companies; Chair recognizes the gentleman from listen to the people. This bill will force Repeal the cost-sharing subsidies of the Americans to pay more for their pre- ACA, and destroy the ability of 80% of people Kentucky (Mr. COMER) for 5 minutes. miums, more for their care, more for currently buying insurance on the Ex- Mr. COMER. Mr. Speaker, I rise to their medicine, more out-of-pocket exchanges to maintain coverage; pay special recognition to the Camp- penses and deductibles, all the while Open the door for junk insurance. The bill bellsville University Lady Tigers wom- includes a penalty for lack of continuous en’s basketball team upon making the giving tax breaks directly to the coverage, creating a big incentive for pa- wealthy. entire Commonwealth of Kentucky tients to buy low-cost, no-coverage plans; proud with another successful college Mr. Speaker, I urge my colleagues to Fail to encourage low-cost coverage, be- consider the harmful effects of this cause the legislation shifts thousands of dol- basketball season. The Lady Tigers fin- bill. Your constituents are asking you lars in spending from insurance company ished with a 28–7 record and appeared to work with us to repair the Afford- spending to the individual’s out of pocket in their second NAIA Fab Four round able Care Act, and we are ready to costs; in 3 years. work. Reproduce the failed ‘‘high-risk pools’’ of In their final four game in Billings, the 1990’s and 2000’s, through the ‘‘Patient Mr. Speaker, I include in the RECORD Montana, against Oklahoma City, two and Stability Fund’’. It is inevitable that the girls from my home county of Monroe correspondence from National Nurses number of eligible patients will overwhelm United. the resources of these high risk pools; had career highlights. Madison NATIONAL NURSES UNITED, Repeal the Medicare Hospital Insurance Clements hit six 3-pointers and Lauren Silver Spring, MD/Oakland, CA, Tax, which will reduce funding and desta- Turner had nine assists. The Camp- March 21, 2017. bilize for the Medicare program that our na- bellsville University Lady Tigers are HOUSE OF REPRESENTATIVES, tion’s seniors rely on; also coached by a Monroe County girl, Washington, DC. Allow insurers to charge seniors five times Ginger High Colvin. DEAR REPRESENTATIVE: On behalf of the the amount of a younger person. This revi- The Campbellsville University Lady 150,000 Registered Nurse members of Na- sion will prove to be deadly for our nation’s Tigers have been one of the most domi- tional Nurses United, we urge you to oppose seniors, and it reveals the extent to which the American Health Care Act when it comes this reform will benefit the profit margins of nant college girls basketball programs to a vote on the floor of the House of Rep- insurance companies, at the expense of pain the NAIA over the past 20 years. resentatives. tients’ lives. Campbellsville University is one of Registered Nurses care for Americans in Our experience at the bedside, coupled with Kentucky’s finest educational institu- their most difficult hours. More than any analysis from health policy researchers, con- tions, and I am very proud that Camp- other profession, we see the personal effects firm our conclusion that this bill does not bellsville is in the First Congressional of a flawed healthcare system in the hospital address the primary concerns of our pa- District of Kentucky. every single day. Our primary responsibility tients: getting the care they need when they is to protect the health and wellness of our need it, without overwhelming financial bur- f patients by providing care at the bedside. dens. The American Health Care Act poses a Over many years, with the notable excep- AMERICAN HEALTH CARE ACT mortal threat to the health and well-being of tion of the passage of Medicare in 1965, the DOESN’T HELP MENTAL HEALTH our patients, and to the health security of United States has built a patchwork health PATIENTS our country. Last week, the Congressional system around private insurance access, The SPEAKER pro tempore. The Budget Office reported that 24 million Amer- rather than genuine access to health care. Chair recognizes the gentleman from icans will lose insurance coverage under the This legislation, if enacted, will perpetuate original legislative text. The plan would in- this system while undermining gains made Massachusetts (Mr. KENNEDY) for 5 crease the number of uninsured people by in the Affordable Care Act. Given the ulti- minutes. 78% in 2020, and by 86% in 2026. This reality mate reductions in Medicaid, and the other Mr. KENNEDY. Mr. Speaker, a few is in stark contrast to one of the key cam- reversals in the bill, there is literally noth- months ago, a woman from my district paign promises made by the President this ing in this legislation that provides our pa- walked into my office and told me past year—instead of providing ‘‘insurance tients with the care they need. about her daughter, a young lady diag- for everybody’’, this healthcare bill will dra- In order to effectively address the health nosed with acute mental illness at just matically reduce the number of insured system problems in this country, legislators 4 years of age. Americans. The President also promised not must move beyond a private health insur- to cut Medicaid or Medicare, but the AHCA ance company dominated system. Health A decade later, the stories that that includes drastic cuts to both programs. policy research, and the experience of every young mom shared would split your There is not a single aspect of this legisla- other wealthy nation, shows that a single- heart: stories of countless ER visits, tion that will benefit our patients who lack payer health care system is the most suc- endless fights with insurers and courts,

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.008 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2296 CONGRESSIONAL RECORD — HOUSE March 22, 2017 a little girl being boarded at a hospital breaks in this bill, tax breaks to mil- But instead of repealing the Afford- for 21 days while they searched up and lionaires and to billionaires. I will ex- able Care Act, we should be working down the East Coast to find a bed plain. our hearts out to make the big fixes where she could stay. The nonpartisan Congressional Budg- that are necessary. But my friends, At 14 years old, she has now spent et Office recently estimated that 14 that starts with defeating this wrong- half of her life in residential care. But million Americans will lose coverage in headed bill. it was how her mother ended that story 2018; 24 million Americans will lose f that has stuck with me. She looked me their insurance coverage by 2026. In my in the eyes and told me that: ‘‘Com- State of Connecticut, 220,300 individ- b 1045 pared to other people I know, we have uals are projected to lose their health LET’S COME TOGETHER TO MAKE been lucky.’’ insurance by 2026. MEANINGFUL PROGRESS Mr. Speaker, that is not luck. This is Again, older Americans will be hit a mental health system so broken that the hardest. They will see their pre- The SPEAKER pro tempore. The it is hard to recognize. miums spike. Yes, it is an age tax. And Chair recognizes the gentleman from And how have our Republican col- the reckless cuts in this bill rob, in ad- Florida (Mr. LAWSON) for 5 minutes. leagues followed up in response? They dition to this, it robs the Medicare Mr. LAWSON of Florida. Mr. Speak- have offered a piece of legislation that trust fund, which people rely on, of er, the Republican plan to repeal and is one of the largest assaults on our over $170 billion, shortening the life of replace the Affordable Care Act is an mental health system in recent his- that trust fund by years. Long-term exercise in smoke and mirrors. tory. care that older Americans rely on will This proposal would give tax breaks The GOP repeal bill will remove be hurt, as well as folks who are dis- to wealthy Americans by burdening guaranteed behavioral health coverage abled. And children will be hurt as hardworking families with higher for everyone covered under the Med- well. healthcare costs. icaid expansion. It will abandon those Over the next 10 years—and again, The Republican plan allows for soar- suffering from substance abuse disorder these are not my numbers, but the ing new healthcare costs for our sen- to fend for themselves in a country Joint Committee on Taxation esti- iors and shortens the life of the Medi- ravaged by opioid abuse. It will allow mates that two of the tax breaks in the care trust fund, endangering seniors work requirements for care, forcing repeal bill will provide $275 billion in and disabled Americans who depend on countless people to somehow choose be- tax cuts to individuals who have an in- Medicare coverage. tween getting treatment and keeping come over $200,000, and nearly $190 bil- The nonpartisan Congressional Budg- their job. It will help insurers further lion will go to tax cuts for health in- et Office estimates that if the Repub- skirt parity laws that require them to surance companies. lican proposal became the law of the treat the mentally ill fairly. It will Do we believe that they are hurting? land, some 14 million people will be send out-of-pocket costs soaring for the It is also going to provide a tax break without healthcare insurance in 2018, most vulnerable among us. for drug companies, for pharmaceutical and up to 24 million could lose their Mr. Speaker, one in five Americans companies. healthcare coverage by the year 2026. today suffer from mental illness. These Are they hurting today? No. They are The CBO also found that average pre- brave men and women and their fami- reaping profits every single day. That miums for people buying insurance on lies that love them deserve more than is the case with medical device manu- their own would be 15 to 20 percent the cheap luck of a broken system. facturers as well. higher in 2018 and 2019 than they would They deserve more than the empty While the wealthiest Americans and under current law. rhetoric of a bill that ‘‘might’’ cover or corporations reap the benefits of this In my home district, the uninsured ‘‘could’’ cover the care that they need. Trump bill and Ryan bill, roughly 160 rate has gone from 18.7 percent to 14.9 They deserve an ironclad commitment million households with incomes below percent since the Affordable Care Act from their government that we will that $200,000 level will pay for the re- was implemented, and 34,000 people have their back. This bill does not do peal of these taxes. have purchased coverage thanks to the that. I have heard from thousands of my ACA. Those people are now at risk of losing their healthcare coverage if the f constituents about how the Affordable Care Act has positively impacted their Republican plan becomes law. This is DON’T REPEAL AFFORDABLE lives. I have submitted testimony for completely unacceptable to Floridians. CARE ACT—MAKE BIG FIXES the record from women in my district We know that the Affordable Care The SPEAKER pro tempore. The who depend on the Affordable Care Act Act is not a perfect law, and there is a Chair recognizes the gentlewoman from to manage life-threatening illnesses, lot of room for improvement. That is Connecticut (Ms. DELAURO) for 5 min- get back to work, get them the mental what we should focus on in Congress utes. health services that they need. right now: coming together to figure Ms. DELAURO. Mr. Speaker, the Just think of that injustice when you out ways to bring down healthcare healthcare plan supported by President think about Mnikesa Whitaker, whom I costs, stabilize the market, and help Trump and Speaker RYAN will raise spoke to just 2 weeks ago. She has an ensure that more people can have ac- premiums and deductibles. autoimmune disease which is called cess to the affordable health care they Let’s tell the truth here on the floor scleroderma. I regret to say that this need and deserve. of the House of Representatives. It will has put her life in danger, but she now We need to put aside the partisan raise premiums and deductibles. It will has the protection because she is no bickering, roll up our sleeves, and get throw millions off of their insurance. It longer threatened by preexisting condi- to work. It is a sad day in America will shift the cost of health care to the tions. In her words, she said: ‘‘I will die when Members of Congress are unable States who are fiscally strapped today, without the Affordable Care Act.’’ to come together to do what is right causing a rationing of care at the State We have a moral obligation not to let for the American people. I will con- level. And, yes, it will cover less and Mnikesa or others down. We have an tinue to fight to ensure that Floridians less people and raise the insecurity obligation to older Americans and to with preexisting conditions don’t have that people have today about whether the middle class of this country, to to worry about losing their healthcare or not, if they get an illness or some- working people. The Affordable Care costs, and that young adults can stay one in their family does, they are going Act needs to be changed in critical on their family’s insurance until they to have healthcare coverage. ways. Premiums and deductibles are reach age 26. The result is that working people, way too high and are putting too much I urge my colleagues to remember older Americans, will pay more; and, in strain on families who barely make that no roads or bridges were ever built fact, with older Americans, it will im- enough to live on. We know that be- by Democrats or Republicans. No war pose an age tax. The irony of this is cause their wages have not kept pace was ever won by Democrats or Repub- that working people and older Ameri- with rising costs. There is not enough licans. From Social Security to Medi- cans are going to be paying for the tax competition in the marketplaces. care, to putting a man on the Moon

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.009 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2297 and tearing down the Berlin wall, none Because they say people need more Ms. CASTOR of Florida. Mr. Speaker, of these milestones in our history was freedom to choose their health care. I am here today on the floor of the accomplished by one particular polit- People don’t need more freedom to House to speak out on behalf of my ical party. They are a result of public choose their health care. People need neighbors back home in the State of servants coming together to solve the better health care. They need coverage. Florida. I represent a district in the great challenges of our time. They need security. They need cov- Tampa Bay area. Let me tell you, they This is the challenge that lies before erage that will take care of their are very concerned about the impact of us: we must find a way to come to- health needs at a low cost. That is this Republican healthcare bill. gether to make meaningful progress for what they need. What we know about the bill so far, the American people. The ObamaCare, the existing bill based upon the report of the non- that we have, the Affordable Care Act, f partisan Congressional Budget Office, gives them that, not as well as it is that the Republican bill will rip cov- PEOPLE NEED BETTER HEALTH should. We should make improvements erage away from at least 24 million CARE to it. It is not an improvement to Americans. This is at a time when we The SPEAKER pro tempore. The throw 24 million people off of coverage, have made such progress since the Chair recognizes the gentleman from increase the cost, and institute a adoption of the Affordable Care Act. New York (Mr. NADLER) for 5 minutes. crushing age tax. Under the Affordable Care Act, about Mr. NADLER. Mr. Speaker, President Why? 20 million Americans have gained cov- Trump and Speaker RYAN have said It is to give a tax benefit of $2.8 bil- erage, including about 1.7 million of that the Affordable Care Act that we lion to the richest 400 families in the my neighbors in Florida that went have now is a disaster, that it is a ca- United States. This bill would be the shopping on healthcare.gov and found lamity. largest transfer of wealth from low- an affordable option. There are problems with it. For some and mostly middle-income people to The Republican bill would take us people in some plans, premiums are too the top 1 percent in American history. backwards. It would also impose huge Let me just address one last thing. high. cost increases on everyone. Let me tell People are being bribed to vote for this So what do the Republicans want to you, most people in America have their bill. People are being bribed legally. do? insurance through their employer. And Provisions are being put in the bill to Raise the premiums. under the Affordable Care Act—it say: Hey, if you vote for this bill, you For some people in some plans, hasn’t been perfect—what we have seen deductibles are too high. will benefit, your State will benefit. Okay. There is nothing wrong with in the State of Florida between the So what do the Republicans want to that. It has been done before. years 2010 and 2015 is the rate of in- do? Let’s take a look at one of those crease for my neighbors who have their Make the deductibles much higher. bribes, the so-called New York bribe. insurance through their jobs has been Let’s get away from the rhetoric New York, along with 15 other States, kept in check. The rate of increase has about the Affordable Care Act and look takes advantage or utilizes a provision only been 1.3 percent. Before the adop- at what the Republicans plan to do in the law that has been in the law tion of the Affordable Care Act, the with the bill that we are going to be since 1965 in Medicaid in which the rate of increase was well over 8 per- voting on presumably in the next few State share of Medicaid is borne par- cent. days: raise the premiums, raise the tially by the State and partially by Why is this happening? deductibles. local governments. Sixteen States have If you have insurance through your They say that you will not be dis- elected to do that. job, you want other people to have in- qualified for preexisting conditions and This bill says that New York State surance coverage. That is very impor- that you will still be able to get insur- only will be prohibited from sharing tant because, if more Americans don’t ance, but not if you let your coverage the burden of Medicaid with local gov- have insurance coverage, they show up lapse in 6 months. If you are laid off ernments. So $2.3 billion will be shifted in the emergency room and that cost is from your job and you lose your insur- from various local governments onto passed along to those who have cov- ance and 6 months later you get insur- the State’s taxpayers, except for New erage or those on Medicare, or the hos- ance, no, you are going to have to pay York City. Upstate counties will lose pital has to take on bad debt, or local a 30 percent higher premium in order their share. New York City will have to governments have to raise taxes to to get coverage. So their guarantee is keep it. The State will have to bear the cover that care. worth nothing. burden. So it is a $2.3 billion increase Under this Republican bill, hold on to What does the bill that we are going for State taxpayers. your wallet because that insurance to be voting on do? Now, eight Republicans, we are told, coverage now will be unaffordable for This bill would throw 24 million peo- from upstate New York are going to millions of more Americans. If you ple off of coverage. Twenty four mil- vote for this bill just because of that. have insurance through your job, like lion Americans would lose their health They don’t like the bill in other re- most people do, you are now going to care, the security of mind that they spects, but because of that provision, end up picking up the cost of people have now. This bill would destroy which will relieve some of the burden that can no longer afford coverage. about 2 million jobs. This bill would from local counties, they are going to If you are a little bit older, easing force families to pay higher costs, vote for the bill; and they say so. Rep- into Medicare—maybe you are 50 to higher premiums, higher deductibles. resentative COLLINS of New York said 64—hold on to your wallet. There is a The nonpartisan Congressional Budg- so. He would vote for that bill. He got huge age tax in this Republican bill. et Office estimates that a 50- or 60- a number of other people to agree. I will give you an example from a year-old person making $26,000 and That is why the provision is in the bill. neighbor of mine back home. Her name who, under ObamaCare, is paying, after Okay. But it is not going to happen. is Kathy Palmer. She lives in Tampa. the subsidies, out of pocket $1,700 a It is flatly unconstitutional. They are She works two part-time jobs. She year for health insurance, will, under selling their votes for something that works for an accountant. It is a small this new Republican bill, after the ap- is never going to happen, and that is business. They cannot afford to provide propriate subsidies that this bill will just wrong. This bill should not be ap- insurance through their small business. give, pay not $1,700, but $14,000 on a proved. It is a sellout to the people of She is also working to get her degree in pretax income of $26,000. the entire country. accountancy from the University of So this bill will increase costs, throw f South Florida. Kathy has two part- 24 million people off of coverage, and time jobs. She is age 60. She is going to impose an age tax. People above 50 BUILD ON AFFORDABLE school to get a degree. She has a teen- years old will have to pay five times as COVERAGE ager in high school. She couldn’t afford much as younger people for insurance, The SPEAKER pro tempore. The insurance coverage before the Afford- a very crushing age tax. Chair recognizes the gentlewoman from able Care Act. When the Affordable Why? Why do this? Florida (Ms. CASTOR) for 5 minutes. Care Act was adopted, she could go

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.011 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2298 CONGRESSIONAL RECORD — HOUSE March 22, 2017 shopping on healthcare.gov and get Medicare and Medicaid opened up million people after some years—will some tax credit help to help afford cov- new opportunities for health care for lose their coverage altogether. erage. seniors and large numbers of low-in- It represents the single largest trans- Here is what happened to Kathy in come, poor people in this country in fer of wealth to the top richest Ameri- December. She had heart pains. She the mid-1960s. As a matter of fact, be- cans and corporations. We are talking thought she was having a heart attack. fore Medicaid and Medicare, some of about $600 billion in tax relief. There is She went to the emergency room of one them had never ever been able to ac- not a lot of talk about that. In many of our great local hospitals. Thank quire any professional medical help. As ways, this is a tax cut for the richest goodness, she did not have a heart at- a matter of fact, they lived off rem- being masked as a healthcare bill. tack. edies and concoctions and things that Finally, I want to really focus in on Kathy almost had a heart attack, they had learned how to put together. what we call the age tax. Well, before I however, when she got the hospital bill Now we come along with some help— was a senior citizen myself, I have later. The hospital bill was $70,000. Medicare, Medicaid—and the next big worked with older Americans in the That would bankrupt her. Fortunately, move was the Affordable Care Act, State of Illinois, where I am from, and she had coverage through the Afford- which was a long time coming, but it here in Congress as well. able Care Act at healthcare.gov, and helped us move to the point where So what is this age tax? This bill ultimately what she paid on that hos- more than 20 million people were able says that people who are between the pital bill was only $179. to get health insurance who had never age of 50—not very old—and 64, in other This story is repeated over and over had it before, whose only outlet was to words, pre-Medicare, will be allowed to again, and I simply do not understand go to the emergency room of public be charged five times more than young why my Republican colleagues think it hospitals and oftentimes sit sometimes people for their health care. Actually, is wise to make coverage unaffordable for 2 or 3 days before they got service, it allows the States even to go more and increase cost on all Americans. before they got attention. than five times more for their health Mr. Speaker, the other part of this Now, here we come with something care. It will lower the subsidies. bill that is kind of flying under the talking about repealing it, taking it As has been said many times, here is radar, but is quite insidious and rather away. How could we possibly want to just an example. If you are 64 years old unconscionable is the hatchet it takes go backwards, back to where millions with an income of around $26,500— to the 50-year guarantee that is proof people are wondering every day which, by the way, is the median in- vided to Americans under Medicaid. whether or not they are going to be come for people that age, certainly not Medicaid serves our neighbors with able to go to the doctor and get serv- a wealthy person—you would pay, Alzheimer’s. It pays about two-thirds iced if they are sick? under this bill, the Republican bill, And so I say to my colleagues, espe- of the cost of long-term care and $14,600 for premiums—think of that—as cially those who have never had the ex- skilled nursing, the cost of care for the compared to $1,700 today, an increase perience of knowing hundreds of people disabled, many children, many preg- of $12,900. So it is not surprising that with no care like I have, let’s say: No, nant women. It has been the law for the Congressional Budget Office pre- no, no. Forward ever, backwards never. about 50 years to ensure that, in the dicts that many of those people will United States of America, if you have a f simply have to give up their health child born with a complex medical con- DON’T WALK THE PLANK care. dition or you have a parent or grand- The SPEAKER pro tempore. The The reason they want to charge them parent that has to go into a nursing Chair recognizes the gentlewoman from more is to entice younger people, who home, that your family is not going to Illinois (Ms. SCHAKOWSKY) for 5 min- will then pay lower premiums, to actu- be impoverished. That is a valued deci- utes. ally get on the program. We are all for sion we made 50 years ago. Ms. SCHAKOWSKY. Mr. Speaker, it that. We want to make sure that young In this bill, the Republican leader- was 7 years ago today that the Afford- people get on. But people who are 50 to ship intends to go back on our values able Care Act passed and changed the 64 are very likely, or more likely than and pull the rug out from under our lives of so many millions of Americans young people, to have healthcare families who rely on Medicaid services. who previously couldn’t get health issues. They say: Oh, the States will be able to care. But I think we knew even at the It is absolutely no wonder that so do this. The States will have all the time that a big bill like this, a trans- many organizations and forces are lin- flexibility in the world. formative piece of legislation like this, ing up in the United States to oppose Well, flexibility is a canard for they over time would require some changes, this bill: are going to have less, and we are going just as Social Security and Medicare The American Medical Association, to ration care. have done. the doctors, and all the different sub- Mr. Speaker, I urge my Republican The truth of the matter is, for 7 groups of doctors, have written letters colleagues to pull this bill, to build on years, as we heard Republicans com- saying no to this repeal-and-replace. affordable coverage, to build on the plaining about what was happening, we The American Hospital Association, cost savings that we have made and the said: Let’s sit down together, as Mem- not only urban hospitals and hospitals progress we have made for these fami- bers of Congress, representatives of the in medically underserved areas, rural lies. people, and fix what we have got and hospitals could go under. f build on the things that have made it The AARP, 35 million members b 1100 possible for all these millions of people strong, is absolutely dead set—they are to have not only health care, but bet- running ads; some people may have HEALTH CARE OUGHT TO BE A ter health care. seen them on television—against this RIGHT AND NOT A PRIVILEGE Instead, what we heard over and over legislation. The SPEAKER pro tempore. The again is: Repeal ObamaCare; repeal The American Nurses Association, Chair recognizes the gentleman from ObamaCare. And I kind of feel like conservative think tanks are against Illinois (Mr. DANNY K. DAVIS) for 5 min- today what we have is, because they it, and many Members of Congress are utes. said that, then they feel like they have against it—and for good reason. One of Mr. DANNY K. DAVIS of Illinois. Mr. to fulfill a promise. But if you look at our Republican Senators said to House Speaker, let me thank you for giving what they are offering, it really hurts Republicans: Don’t walk the plank. me the opportunity to once again ex- so many Americans. I would suggest they take that advice press my opposition to the repeal-and- What I hope the American people will and vote ‘‘no.’’ replace healthcare bill before us. understand is that the so-called repeal- f You know, it is my position that and-replace bill raises the cost of pre- health care ought to be a right and not miums and out-of-pocket costs. People KEEPING PROMISES a privilege, especially in a country are going to pay more and get less. The SPEAKER pro tempore. The where we have the skill, the knowl- Twenty-four million people—that is Chair recognizes the gentleman from edge, and the technology to provide it. just a start; it ends up being some 50 Florida (Mr. GAETZ) for 5 minutes.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.013 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2299 Mr. GAETZ. Mr. Speaker, the repeal lead, then the American people will WELCOMING DR. TOM SMILEY and replacement of ObamaCare is know that we are worthy of their trust. The SPEAKER. Without objection, about keeping promises and being wor- We are keeping our word, and we will the gentleman from Georgia (Mr. COL- thy of the American people’s trust. repeal and replace health care. LINS) is recognized for 1 minute. We, for the third time in American f There was no objection. history, have unified Republican con- Mr. COLLINS of Georgia. Mr. Speak- trol of the government: a Republican in RECESS er, I rise today to recognize Dr. Tom the White House and Republican con- Smiley, whose compassion and char- trol of the House of Representatives The SPEAKER pro tempore. Pursu- ant to clause 12(a) of rule I, the Chair acter have made him a true leader in and of the Senate. In the last five cam- Gainesville and northeast Georgia. paigns, one out of every four ads was declares the House in recess until noon today. Dr. Smiley grew up in Gumbranch, about health care, so it is our turn to Georgia, where he received his call to lead. Accordingly (at 11 o’clock and 12 minutes a.m.), the House stood in re- preach. After graduating from Blue Here is what we know: ObamaCare Mountain College in Mississippi, Pas- today is failing. It is failing to meet cess. tor Tom attended Southeastern Baptist the promises that were made that peo- f Theological Seminary and Columbia ple could keep their doctor or keep Theological Seminary, where he ob- their plan. It is failing to be affordable b 1200 tained his doctorate in ministry, with for those who see rising premiums, ris- AFTER RECESS an emphasis on marriage and family ing deductibles, no choices, no health ministry. care at all, and limited access. The recess having expired, the House As Republicans leading in this Cham- was called to order by the Speaker at As senior pastor of Lakewood Baptist ber, we are on a rescue mission to save noon. Church, Dr. Smiley has led the con- the American people from this disaster gregation—including my own family— f and to replace this law with something for over 25 years. The vision for Lake- wood is to be a regional church that that works and gets us away from gov- PRAYER ernment-centered health care and raises up fully devoted followers of Dr. Tom Smiley, Lakewood Baptist Christ who are trained and equipped to moves us to patient-centered health Church, Gainesville, Georgia, offered care, doctor-centered health care. love and reach lost people, locally and the following prayer: You know, we believe in ownership globally. In the name that is above every societies where you ought to be able to In addition to his work at church, own your own healthcare plan, own name, in the name of the One by whom Pastor Tom has established himself as your own decisions about education all things were created and by whom a successful writer, authoring three and how you choose to prosper. all things created are sustained, in the books: ‘‘Runaway Lives,’’ ‘‘Angels All Today, the Rules Committee is con- name of the One who was crucified for Around,’’ and ‘‘Uncommon Common templating amendments that should the sins of all people, raised on the Sense.’’ excite conservatives with generational third day, and who, upon His return, Dr. Smiley is engaged with the changes that will unlock the potential every knee will bow and every tongue Gainesville community at every level, of this great country. confess is Lord, in the name of Jesus, and our neighbors have enjoyed his State flexibility, for the first time, my Savior and my Lord, today, I ask: contributions as a Little League base- we really see the option for States like Draw near unto thyself the heart of ball and basketball coach, as well as mine in Florida to step up and say we any in this body who still remain far the work that he does at the commu- don’t want the Federal Government in- from You. nity YMCA branch. volved in health care anymore. We Give confidence and courage to all Dr. Smiley is my pastor and friend, want to take control over those who who govern from this House, to be and in every aspect of his life, he leads are vulnerable in our communities, and unashamed of the Judeo-Christian with grace and devotion. I am proud to we want to innovate and come up with ethic, which has led this Nation to welcome him here to our Nation’s Cap- solutions that meet those challenges. prominence and prosperity above all itol in Washington, D.C. Work requirements, hardworking other nations. f people in my district don’t understand And Father, remind all, who by faith why they go to work every day but too trust You that Your love wants what is ANNOUNCEMENT BY THE SPEAKER often they are paying for entitlements best for us, Your wisdom knows what is PRO TEMPORE for people who are able-bodied, child- best for us, and Your power will accom- The SPEAKER pro tempore (Mr. POE less, can work, and choose not to. That plish what is best for us. of Texas). The Chair will entertain up is wrong. In Jesus’ name and God’s people. to 15 further requests for 1-minute We are going to take up, on this Amen. speeches on each side of the aisle. floor, legislation that I suspect will f have a work requirement for able-bod- f OBAMACARE FAILED THE ied, childless adults for those States THE JOURNAL AMERICAN PEOPLE who choose to implement this bold con- The SPEAKER. The Chair has exam- servative reform. (Mr. WILSON of South Carolina We also expect that there will be an ined the Journal of the last day’s pro- asked and was given permission to ad- end to the disaster of Medicaid expan- ceedings and announces to the House dress the House for 1 minute and to re- sion. Today in America, one out of his approval thereof. vise and extend his remarks.) every four people is on Medicaid. That Pursuant to clause 1, rule I, the Jour- Mr. WILSON of South Carolina. Mr. is absolutely unsustainable. It means nal stands approved. Speaker, ObamaCare has failed the three of us have got to pay for the cost f American people destroying jobs. All of our own health care and then a sub- across South Carolina, premiums have stantial portion of the cost of someone PLEDGE OF ALLEGIANCE skyrocketed, small-business jobs have else’s. The SPEAKER. Will the gentleman been terminated, and our State is now By ending Medicaid expansion for from New York (Mr. JEFFRIES) come down to a single insurance provider on nonexpansion States, we put the coun- forward and lead the House in the the exchange. This is not what families try back on a path to prosperity—not Pledge of Allegiance. were promised 7 years ago. government-centered health care, indi- Mr. JEFFRIES led the Pledge of Al- With the American Health Care Act, vidual patient-centered health care legiance as follows: House Republicans have delivered on where people can choose the plans that I pledge allegiance to the Flag of the the commitment to give Americans a best meet their needs. United States of America, and to the Repub- healthcare system that increases If we do this, if we meet this chal- lic for which it stands, one nation under God, choice, creates jobs, and puts the pa- lenge with our historic opportunity to indivisible, with liberty and justice for all. tient back in control. This bill protects

VerDate Sep 11 2014 03:18 Jun 16, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD17\MARCH\H22MR7.REC H22MR7 H2300 CONGRESSIONAL RECORD — HOUSE March 22, 2017 those with preexisting conditions, re- For 50 years, Medicaid has been a line. It is too important for people in turns power to the States, allows blank check to the States with little my district like Rachel. Rachel is a young adults to remain on their par- accountability and rampant fraud. hairdresser in her midthirties, who was ents’ insurance until they are 26, and During my time in the North Carolina finally able to get health coverage for increases consumer choice. This is a Senate, we found as much as 20 percent her husband and three children, thanks critical first step of three to repeal and waste, fraud, and abuse in Medicaid. to the ACA. But under the Republican replace ObamaCare. In response, I have worked with SAS, plan, their coverage will be replaced by I am grateful that the American a major technology firm, to develop ac- tax credits that don’t even come close Health Care Act is supported by the countability and oversight. North to meeting the healthcare costs for a NFIB, the Susan B. Anthony List, Carolina is now a leader in Medicaid family of five. Americans for Tax Reform, the U.S. fraud recovery. And there are millions just like her Chamber of Commerce, the National Under the American Health Care Act, struggling to make ends meet. Instead Taxpayers Union, the Institute for Lib- Medicaid replaces an open blank check of abandoning people like Rachel to erty, the Small Business and Entrepre- with commonsense per capita or block give tax breaks to the wealthiest few, I neurship Council, and dozens of other grant allotments for each State. This urge Republicans to do what even advocates promoting creating jobs. incentivizes States to follow North Trump promised—provide health insur- In conclusion, God bless our troops, Carolina’s lead and clean out the bad ance for everybody. That starts with and we will never forget September the actors exploiting eligibility and the rejecting this bill. 11th in the global war on terrorism. providers taking advantage of Medicaid f f at the expense of America’s most vulnerable. PAY MORE AND GET LESS WITH TRUMPCARE Conservatives have championed these TRUMPCARE (Mr. CICILLINE asked and was given reforms for decades. Now is our oppor- (Mr. JEFFRIES asked and was given permission to address the House for 1 tunity to bring accountability to Med- permission to address the House for 1 minute.) icaid. minute.) Mr. CICILLINE. Mr. Speaker, Repub- I urge my colleagues to vote ‘‘yes’’ Mr. JEFFRIES. Mr. Speaker, under licans are planning to vote tomorrow on this great reform. the Republican healthcare plan, to pass TrumpCare. f TrumpCare, hardworking Americans This bill is a great deal for the will pay more and get less. Your pre- superrich, it is a great deal for insur- UN-AMERICAN HEALTH CARE ACT miums will increase. Your copays will ance companies, and it is a great deal TAKES US BACKWARD increase. Your deductibles will infor drug companies. But it is a bad deal (Mr. HECK asked and was given per- crease. Your out-of-pocket costs will for working men and women across our mission to address the House for 1 increase. But the quality of your country. minute.) health care will go down. TrumpCare will raise premiums, in- Mr. HECK. Mr. Speaker, let’s make Tens of millions of Americans under crease deductibles and out-of-pocket this clear. The Un-American Health TrumpCare will also lose their entire expenses. Care Act doesn’t just repeal advances health coverage. And under the Repub- TrumpCare ends coverage for 24 mil- with ObamaCare, it takes us backward lican healthcare plan, it will impose a lion people. to a point worse off than we were be- draconian age tax on people between 50 TrumpCare destroys 2 million jobs. fore the Affordable Care Act. and 64, some of whom will be forced to TrumpCare imposes an age tax on It guts Medicaid, and will fail to pay approximately $14,000 per year. older Americans. meet existing needs, hurting vulner- Trump has said he is going to do And TrumpCare cuts Medicaid by able children, pregnant women, people health care in three phases. I have fi- $880 billion to give corporations and with disabilities, and seniors needing nally figured it out. Phase one, disease. the wealthiest Americans a $600 billion long-term care, hurting them all. Phase two, disaster. Phase three, de- tax cut—the single largest transfer of It abandons Planned Parenthood struction. Vote ‘‘no’’ against this reck- wealth from working people to the rich services. Women with nowhere else to less plan. in history. This is wrong. turn will lose access to critical services f The American people do not want like pelvic exams and pap tests. this bill. They don’t want to pay more I am here today speaking on behalf of HARDWORKING AMERICA NEEDS A for less. single mom Sherry, cancer survivor TAX BREAK Donald Trump promised that he Marty, star student Kelty, and little (Mr. HIGGINS of New York asked and would be a great champion for the mid- Gracie and her devoted grandmother was given permission to address the dle class. It only took him 2 months in Donna. House for 1 minute.) office to break that promise and sell We are all one voice saying we can- Mr. HIGGINS of New York. Mr. out to the wealthy and the special in- not afford to make the American Speaker, tomorrow House Republicans terests. Shame on him and shame on healthcare system even worse than it will perpetrate a careless financial as- anyone who votes to take away health was before ObamaCare. That is the sault on good, hardworking America in coverage from working men and women path the un-American Health Care Act exchange for a massive payoff to to fund a big tax cut for folks who will carve. My friends, let’s not go greedy insurance executives and their don’t need it. The working people of down that path. Vote ‘‘no.’’ cronies. Yes, this vote is rigged against this country deserve better. f the good. f If you are 50 to 64 years old, you and REPUBLICAN HEALTHCARE BILL your family get clobbered. More dough- AMERICAN HEALTH CARE ACT (Ms. JUDY CHU of California asked nut holes, more premiums, and less BRINGS MEDICAID ACCOUNT- and was given permission to address health care. ABILITY the House for 1 minute.) UnitedHealthcare, one of America’s (Mr. PITTENGER asked and was Ms. JUDY CHU of California. Mr. largest private insurers, is today under given permission to address the House Speaker, Republicans rushed their pay investigation for defrauding the Medi- for 1 minute and to revise and extend more for less healthcare bill through care program of billions of dollars. his remarks.) committees before CBO even had a Your bill, in 17 words on page 67, re- Mr. PITTENGER. Mr. Speaker, I rise chance to score it. And then, once they wards UnitedHealthcare, their execu- in support of the American Health Care realized that 24 million people would tives and cronies, with a massive tax Act and, specifically, the critically im- lose coverage, they made late night ad- cut. UnitedHealthcare made $83 billion portant reforms to Medicaid, in addi- ditions just 2 days before the House is last year, and their CEO was com- tion to the other great reforms that scheduled to vote. pensated with $66 million. They don’t will bring cost-effective health care to Americans’ health care is too impor- need a break. Hardworking America this country. tant to be done on an artificial dead- does.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.017 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2301 Your bill also allows New York hospitals that are already on Ed’s wife, Jill, asked me if those who UnitedHealthcare to charge five times a financial distress watch list tell me are championing TrumpCare would be more for older Americans, and imposes they may not even be able to survive. willing to trade places with those a 30 percent unemployment tax on the That is why the Greater New York Hos- whom it will harm. unemployed, all going to more profits pital Association, the Healthcare Asso- I pose that question today to my Re- for them and less health care for Amer- ciation of New York State, and other publican colleagues. If you can’t an- ica. New York health groups are urging all swer in the affirmative, you should not f of us to vote ‘‘no’’ on this terrible GOP be voting for this terrible bill. bill. f STANDING AGAINST TRUMPCARE f TRUMPCARE BENEFITS THE (Mrs. BUSTOS asked and was given OPPOSING THE GOP AMERICAN SUPERRICH permission to address the House for 1 HEALTH CARE ACT REPEAL BILL minute.) (Ms. TITUS asked and was given per- Mrs. BUSTOS. Mr. Speaker, during (Ms. BLUNT ROCHESTER asked and mission to address the House for 1 the last few weeks, my office has heard was given permission to address the minute.) from literally hundreds of concerned Il- House for 1 minute.) Ms. TITUS. Mr. Speaker, the GOP’s linoisans about TrumpCare. Ms. BLUNT ROCHESTER. Mr. disastrous healthcare proposal is really I have heard from a heart attack sur- Speaker, I know that I am new to the just the largest transfer of wealth to vivor, whose prescription medication House, but I was elected by my con- the superrich in this Nation’s entire would go from affordable to $1,000 a day stituents to reach across the aisle and history. In fact, it gives the top 1 per- under this plan. get things done. cent of earners a windfall of tax breaks I have heard from Americans ages 50 Sadly, instead of reaching across the and subsidies. to 64—I happen to be in that group— aisle to work on commonsense fixes to The superrich are going to be able to who are worried about paying an age the Affordable Care Act, some of my buy a lot of things with this new tax of five times more than others. Republican colleagues have decided to money. It has been estimated they Just in the last 24 hours, I have heard push through a healthcare bill that, in- could buy: one Lamborghini, 26 Rolex from two more groups that are stand- stead of increasing health coverage, ac- watches, or 44 sets of Super Bowl tick- ing against TrumpCare. And, no, they tually takes it away from more than 24 ets. are not partisan political groups. million people and imposes an age tax. Thanks to this tax cut, in effect, you The first is the Illinois Health and In my State alone, this bill will cut are shifting wealth from Main Street Hospital Association, which represents Medicaid coverage for 60,000 individuals to Mar-a-Lago, from middle America to more than 200 hospitals in the State of and result in a $170 million loss of Fed- Mar-a-Lago, from my district to Mar-a- Illinois. They oppose TrumpCare be- eral funds at a time when my State is Lago. Forty-four thousand people in cause it means taking health coverage facing a major budget shortfall. Addi- my district in southern Nevada will away from hundreds of thousands of Il- tionally, almost 22,000 individuals in lose their health insurance according linoisans, while killing the jobs of an- my State will lose access to employer- to the Center for American Progress. other 60,000 hardworking people in my sponsored insurance, and more than Our President said, well, he didn’t State. 6,000 individuals who are currently re- know—not our President. He is not my The second group is the National ceiving coverage through our President. Anyway, he said he didn’t Farmers Union. They understand that healthcare exchange will lose coverage know health care could be so com- TrumpCare’s drastic cuts could force as a result of this bill. plicated. Well, if you look at this bill, hundreds of rural hospitals to close Mr. Speaker, given its impact on our it is really not very complicated. It is their doors. Nation’s working families and our quite simple: So I am left wondering, who exactly most vulnerable citizens, I believe pas- Premiums go up, benefits go down; supports TrumpCare? Instead of throw- sage of this bill would be an act of med- deductibles go up, coverage goes down; ing 24 million Americans off their cov- ical malpractice—pun intended. So I prices go up, healthcare for women erage, let’s work across the aisle to im- urge all of my colleagues to vote ‘‘no’’ goes down. prove health care for all, not just the on H.R. 1628. Vote ‘‘no’’ on this bill. richest among us. f f f WILL THOSE CHAMPIONING RECOGNIZING FIREFIGHTERS AND TRUMPCARE TRADE PLACES FIRST RESPONDERS IN OVER- b 1215 WITH THOSE WHOM IT HARMS LAND PARK, KANSAS AMERICAN HEALTH CARE ACT IS (Ms. PINGREE asked and was given (Mr. YODER asked and was given BAD FOR NEW YORK HOSPITALS permission to address the House for 1 permission to address the House for 1 (Mrs. CAROLYN B. MALONEY of minute and to revise and extend her re- minute and to revise and extend his re- New York asked and was given permis- marks.) marks.) sion to address the House for 1 minute.) Ms. PINGREE. Mr. Speaker, since Mr. YODER. Mr. Speaker, I rise Mrs. CAROLYN B. MALONEY of New the Republicans in Washington have today to shed light on a recent eight- York. Mr. Speaker, the GOP’s awful, ir- not held a single public hearing on alarm fire in my district and to thank responsible healthcare bill will impose TrumpCare, I asked my constituents the firefighters and other first respond- an age tax on older Americans, it will directly for feedback at a Maine ers for making sure that no one was se- raise your premiums, and it will be ab- healthcare townhall. Not one of the riously hurt. solutely disastrous to our Nation’s hos- hundreds of constituents spoke in sup- The fire on Monday destroyed an pitals. port of the legislation. Instead, many apartment complex and 22 neighboring In my district in New York, our hos- said they will be among the millions of homes. Amazingly though, no one was pitals serve millions of people every Americans who will lose their coverage killed or seriously injured. Three fire- day, and their budgets are already under this bill. fighters were treated for their injuries stretched. The GOP healthcare bill will One of those voices was Ed Saxby of while fighting the fire, and we wish rip away health insurance for over 24 Cape Elizabeth, pictured on the board them a speedy recovery. million Americans, forcing more people next to me. Ed stood beside his wife It is a reminder of the risks that our to get care in high-cost emergency and granddaughter as he bravely spoke first responders take every day, not rooms while, at the same time, cutting about his own battle with cancer. He knowing when they will have to answer billions in Federal funding hospitals said that the odds of survival are the call, placing their lives on the line need to survive. against him because TrumpCare will to protect us and our community. New York’s hospitals will lose over $1 take away the tax credits he needs to We pray for the families who are dis- billion in 2018 alone. With uncompen- afford healthcare coverage as a retiree placed right now, who came home from sated care already skyrocketing, the 27 living on a fixed income. work on Monday to find their homes

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.019 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2302 CONGRESSIONAL RECORD — HOUSE March 22, 2017 gone. We also thank the Christ Lu- TrumpCare will close the door on BEWARE OF TRUMPCARE theran Church and many other commu- treatment for over 1 million Ameri- (Mr. CA´ RDENAS asked and was nity organizations and partners that cans. given permission to address the House have come together to assist these Our President tells us that he is a for 1 minute and to revise and extend families who have lost so much so un- dealmaker. This is the ultimate bad his remarks.) expectedly. deal for the American people, and we Mr. CA´ RDENAS. Mr. Speaker, I Finally, Mr. Speaker, thank you to should reject this bill. stand here with this simple expla- Overland Park Fire Department Chief f nation about what TrumpCare really Bryan Dehner and all of the fire- means for Americans: You pay more fighters in Kansas who came together STAND AS PATRIOTS AGAINST for less care. to contain the largest fire in Overland TRUMPCARE Twenty-four million Americans will Park history. (Ms. JACKSON LEE asked and was lose the access to health care by losing f given permission to address the House their insurance. It is an age tax on AMERICAN HEALTH CARE ACT for 1 minute and to revise and extend older Americans; and it guts Medicaid MAKES US INSECURE her remarks.) that not only goes to seniors now, it Ms. JACKSON LEE. Mr. Speaker, goes to young people as well, young (Mr. PANETTA asked and was given this morning I came in contact with families. permission to address the House for 1 two mothers of two young boys who are But it is also a huge tax cut for mil- minute and to revise and extend his re- homebound with catastrophic illnesses. lionaires. marks.) My heart broke as I listened to them If you look at TrumpCare, you real- Mr. PANETTA. Mr. Speaker, I rise say: The only way that I survive to see ize the great supposed negotiator actu- today in opposition to the American their happy face and I can work is be- ally has a great reputation of being the Health Care Act and the repeal of the cause they have insurance through ex- great bankrupter. Affordable Care Act. tensive Medicaid. What this TrumpCare will do: It will Since the passage of the Affordable And so I come today to ask my affect tens of millions of Americans, Care Act 7 years ago, in my district, friends on the other side of the aisle and it will put them into misery, take the uninsured rate has dropped from 19 not to worry about threats about los- away the dignity of health care and put percent to 9 percent. In my district, ing your office or your job. This is them in a place that no one should ever there has been the creation and the about patriotism and being an Amer- have to be: lacking the dignity of being funding of 6,500 jobs in local hospitals ican. Vote against this horrible able to see a doctor. This is going to and rural healthcare clinics. TrumpCare debacle that will create Yet, despite this progress in my com- send us back to the Dark Ages. higher cost, less coverage, and an age munity and across our country, the You probably think I am exag- tax that will hurt the old and dev- majority wants to replace the ACA gerating, but when you look at these astate the young. with a quickly and carelessly crafted facts, you realize that is just the truth. This is a time for the flag to be AHCA. These are the facts. waved and for patriots to stand and to If the AHCA becomes law, in my dis- Beware of what you are being sold. be heard across America. Vote down trict, 56,000 people will lose their This is not going to help America. TrumpCare not for self and selfishness, healthcare coverage. In Salinas, hard- f but really to be able to stand with working families will pay more than those who cannot help themselves. b 1230 $3,000 for healthcare coverage; and in I wanted to embrace those mothers Santa Cruz, low-income senior citizens COMMUNICATION FROM THE as a mother, as a grandmother, because will be stripped of $10,000 worth of sub- CLERK OF THE HOUSE we are giving life to those beautiful sidies. The SPEAKER pro tempore laid be- children, now 9 and 10, living because Yes, the ACA does have its faults, but fore the House the following commu- they got health care under the Afford- we should come together to thought- nication from the Clerk of the House of able Care Act. Stand as a patriot fully fix it. But it is not just about Representatives: against TrumpCare. money; it is about people. And it is not OFFICE OF THE CLERK, just about people; it is about the secu- f HOUSE OF REPRESENTATIVES, rity that the ACA provides people to Washington, DC, March 22, 2017. WINNERS IN TRUMPCARE BILL live their daily lives. Hon. PAUL D. RYAN, Mr. Speaker, the AHCA makes us in- (Mrs. DAVIS of California asked and The Speaker, House of Representatives, secure, and that is why I am voting was given permission to address the Washington, DC. against it. House for 1 minute.) DEAR MR. SPEAKER: Pursuant to the per- Mrs. DAVIS of California. Mr. Speak- mission granted in Clause 2(h) of Rule II of f the Rules of the U.S. House of Representa- er, I understand that major laws often tives, the Clerk received the following mes- ACA AND THE STRONGER have winners and losers. Unfortu- GENERATION sage from the Secretary of the Senate on nately, I am struggling to figure out March 22, 2017, at 9:12 a.m.: (Ms. CLARK of Massachusetts asked who wins under this healthcare plan. That the Senate agreed to without amend- and was given permission to address We have seen who stands to lose: 24 ment H.J. Res. 69. the House for 1 minute.) million fewer people will have insur- With best wishes, I am, Ms. CLARK of Massachusetts. Mr. ance; States will lose billions, forcing Sincerely, Speaker, the President and I do agree painful cuts to education and other KAREN L. HAAS. on one thing: designing a healthcare services; California, alone, will lose $6 f system is complicated. billion in 2020 and much more in the COMMUNICATION FROM THE But the effects of TrumpCare are as years that follow; hospitals and clinics CLERK OF THE HOUSE simple as they are devastating: 24 mil- will have to cut back on services and lion hardworking Americans will lose investments. The SPEAKER pro tempore laid be- their coverage; your healthcare costs So, who are the winners? It is hard to fore the House the following commu- and premiums will go up, and your cov- find any, except, of course, for insur- nication from the Clerk of the House of erage will go down; and for those of us ance companies and millionaires who Representatives: between the ages of 50 and 64, we are will get almost all of the tax relief in- OFFICE OF THE CLERK, about to be hit with an age tax just cluded in this package. HOUSE OF REPRESENTATIVES, when we need coverage the most, just Do Americans really think that we Washington, DC, March 22, 2017. Hon. PAUL D. RYAN, when we are trying to help with college should pass a bill that cuts coverage in The Speaker, House of Representatives, tuition and save for our retirement. As order to give millionaires an average Washington, DC. we face an opiate crisis in this country tax cut of $49,000? DEAR MR. SPEAKER: Pursuant to the per- that takes 120 American lives a day, We can do better. I hope we will. mission granted in Clause 2(h) of Rule II of

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.021 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2303 the Rules of the U.S. House of Representa- resentatives and the Committee on Home- The last major government exercise tives, the Clerk received the following mes- land Security and Governmental Affairs of on terrorist travel occurred in 2009 sage from the Secretary of the Senate on the Senate presenting the initial findings of when the Federal Emergency Manage- March 22, 2017, at 11:22 a.m.: such exercise, including any identified or po- ment Agency, or FEMA, conducted an That the Senate passed without amend- tential vulnerabilities in United States de- ment H.R. 1228. fenses and any legislative changes requested exercise focused on the aftermath of a That the Senate passed with amendment in light of the findings. The report shall be national terrorist event outside of the H.R. 244. submitted in unclassified form, but may in- United States and how to prevent sub- With best wishes, I am, clude a classified annex. sequent efforts by the terrorists to Sincerely, (d) DEFINITION.—In this section, the term enter the United States and carry out KAREN L. HAAS. ‘‘material support or resources’’ has the additional attacks. The objective of meaning given such term in section 2339A of f the exercise was to determine how gov- title 18, United States Code. ernment agencies at all levels would ANNOUNCEMENT BY THE SPEAKER SEC. 3. EMERGING THREATS IN THE NATIONAL respond in such an environment. PRO TEMPORE EXERCISE PROGRAM. Subparagraph (A) of section 648(b)(2) of the However, the threat environment has The SPEAKER pro tempore. Pursu- Post-Katrina Emergency Management Re- changed considerably and relying on ant to clause 8 of rule XX, the Chair form Act of 2006 (6 U.S.C. 748(b)(2)) is amend- information gathered during an exer- will postpone further proceedings ed— cise that took place nearly a decade today on motions to suspend the rules (1) in clause (v), by striking ‘‘and’’ at the ago is simply unacceptable and puts on which a recorded vote or the yeas end; and American lives at risk. and nays are ordered, or on which the (2) by adding after clause (vi) the following The exercise conducted in 2009 also vote incurs objection under clause 6 of new clause: ‘‘(vii) designed, to the extent practicable, focused primarily on terrorists at- rule XX. to include exercises addressing emerging ter- tempting to infiltrate the United Record votes on postponed questions rorist threats, such as scenarios involving States. However, our task force found will be taken later. United States citizens departing the United that officials today should be just as f States to enlist with or provide material concerned about Americans leaving the support or resources to terrorist organiza- country to train overseas with ter- TERRORIST AND FOREIGN FIGHT- tions abroad or terrorist infiltration into the rorist groups as foreign fighters and ER TRAVEL EXERCISE ACT OF United States, including United States citi- then come back. 2017 zens and foreign nationals; and’’. The ability of these hardened fighters SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. to return to the United States is a le- Ms. MCSALLY. Mr. Speaker, I move No additional funds are authorized to carry to suspend the rules and pass the bill out the requirements of this Act and the gitimate security threat to the home- (H.R. 1302) to require an exercise re- amendments made by this Act. Such require- land. Catching individuals who are lated to terrorist and foreign fighter ments shall be carried out using amounts looking to join the ranks and train travel, and for other purposes. otherwise authorized. with ISIS and other terrorist organiza- The Clerk read the title of the bill. The SPEAKER pro tempore. Pursu- tions prior to their initial departure is The text of the bill is as follows: ant to the rule, the gentlewoman from equally important and should be a goal H.R. 1302 Arizona (Ms. MCSALLY) and the gen- for law enforcement as well. Be it enacted by the Senate and House of Rep- tleman from California (Mr. CORREA) As such, H.R. 1302 would require that resentatives of the United States of America in each will control 20 minutes. the executive branch conduct an exer- Congress assembled, The Chair recognizes the gentle- cise to evaluate the Nation’s prepared- SECTION 1. SHORT TITLE. woman from Arizona. ness against all phases of foreign fight- This Act may be cited as the ‘‘Terrorist GENERAL LEAVE er planning and travel. Carrying out and Foreign Fighter Travel Exercise Act of Ms. MCSALLY. Mr. Speaker, I ask such attacks would be beneficial in un- 2017’’. unanimous consent that all Members derstanding how partners at all levels SEC. 2. EXERCISE ON TERRORIST AND FOREIGN have 5 legislative days within which to of government and abroad are cur- FIGHTER TRAVEL. revise and extend their remarks and in- rently responding to these scenarios. (a) IN GENERAL.—In addition to, or as part We must take decisive action to de- of exercise programs currently carried out clude any extraneous material on the bill under consideration. feat the threat of ISIS and other ter- by the Department of Homeland Security, to rorist organizations. The findings of enhance domestic preparedness for and col- The SPEAKER pro tempore. Is there lective response to terrorism, promote the objection to the request of the gentle- the exercise required by this legisla- dissemination of homeland security informa- woman from Arizona? tion will identify weaknesses at home tion, and test the security posture of the There was no objection. and abroad that may be exploited by United States, the Secretary of Homeland Ms. MCSALLY. Mr. Speaker, I yield terrorists and foreign fighters, particu- Security, through appropriate offices and myself such time as I may consume. larly to infiltrate the United States to components of the Department and in co- Mr. Speaker, I rise today in support conduct attacks. These findings will ordination with the relevant Federal depart- of H.R. 1302, the Terrorist and Foreign also be provided to Congress and Fed- ments and agencies, shall, not later than one Fighter Travel Exercise Act. eral law enforcement and intelligence year after the date of the enactment of this Act, develop and conduct an exercise related This legislation furthers the efforts officials to provide information on how to the terrorist and foreign fighter threat. that I and several of my colleagues on we can best address these weaknesses. (b) EXERCISE REQUIREMENTS.—The exercise the House Homeland Security Com- Passage of the Terrorist and Foreign required under subsection (a) shall include— mittee engaged in last Congress as Fighter Travel Exercise Act today rep- (1) a scenario involving— members of the bipartisan Task Force resents continued action by this body (A) persons traveling from the United on Combating Terrorist and Foreign to fight against ISIS and ensure we States to join or provide material support or Fighter Travel. For 6 months, our task keep Americans safe. I urge all Mem- resources to a terrorist organization abroad; force investigated our security vulner- bers to join me in supporting this com- and monsense, bipartisan bill. (B) terrorist infiltration into the United abilities and the threat posed by ISIS. States, including United States citizens and Our work produced 32 key findings and Mr. Speaker, I urge all Members to foreign nationals; and over 50 recommendations to make join me in supporting this bill, and I (2) coordination with relevant Federal de- Americans safer. reserve the balance of my time. partments and agencies, foreign govern- In our findings, the task force found COMMITTEE ON TRANSPORTATION AND ments, and State, local, tribal, territorial, that the growing complexity and INFRASTRUCTURE, HOUSE OF REP- and private sector stakeholders. changing nature of the foreign fighter RESENTATIVES, (c) REPORT.—Not later than 60 days after phenomenon may be creating unseen Washington, DC, March 10, 2017. the completion of the exercise required gaps in our defenses. Yet, it has been Hon. MICHAEL T. MCCAUL, under subsection (a), the Secretary of Home- Chairman, Committee on Homeland Security, land Security shall, consistent with the pro- years since any large-scale stress test Washington, DC. tection of classified information, submit an has been conducted on U.S. Govern- DEAR CHAIRMAN MCCAUL: I write con- after-action report to the Committee on ment protection and prevention pro- cerning H.R. 1302, the ‘‘Terrorist and Foreign Homeland Security of the House of Rep- grams against terrorist travel. Fighter Travel Exercise Act of 2017.’’ This

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.004 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2304 CONGRESSIONAL RECORD — HOUSE March 22, 2017 legislation includes matters that fall within antigovernment movements, as well as it has been years since any large-scale the Rule X jurisdiction of the Committee on ongoing threats from abroad, we must ‘‘stress test’’ has been conducted against ter- Transportation and Infrastructure. ensure that our first responders are In order to expedite Floor consideration of rorist travel. H.R. 1302, the Committee on Transportation prepared to respond to the evolving Federal officials suspect that Todd Wolfe, and Infrastructure will forgo action on this threats to our great country. an American citizen from Texas, planned to fly bill. However, this is conditional on our mu- This bill will direct FEMA’s national his family to Europe where he would meet up tual understanding that forgoing consider- exercise program to design scenarios with an ISIS handler and take them all to ation of the bill does not prejudice the Com- that include emerging terrorist Syria. mittee with respect to the appointment of threats. To be clear, the legislation In March of 2014, Hanad Abdullahi conferees or to any future jurisdictional does not require FEMA’s national exer- Mohallim, an American from Minnesota, en- claim over the subject matters contained in tered Syria at Tel Abyad and recruited other the bill or similar legislation that fall within cise program to focus exclusively on the Committee’s Rule X jurisdiction. I appre- terrorist threats, but, rather, seeks to fellow Somali-Americans in Minnesota to leave ciate you working with us on the base text of ensure that FEMA continues to de- the United States and join ISIS. the bill and request you urge the Speaker to velop exercises that are responsive to Also in 2014, Abdi Nur left the U.S. for Syria name members of the Committee to any con- threats as they may emerge. to join ISIS. He was later reported to have at- ference committee named to consider such The bill also requires the Secretary tempted to recruit other men here in the U.S. provisions. of Homeland Security to carry out ex- to join the terrorist organization. Please place a copy of this letter and your We need to be gravely concerned about response acknowledging our jurisdictional ercises related to terrorist threats do- interest in the Congressional Record during mestically and abroad. Americans leaving the country to train over- House Floor consideration of the bill. I look H.R. 1302 was passed unanimously seas with terrorist organizations who then re- forward to working with the Committee on and approved by the Committee on turn to the United States as foreign fighters. Homeland Security as the bill moves Homeland Security earlier this month I ask my colleagues to join me in supporting through the legislative process. and the full House in the last Congress, H.R. 1302. Sincerely, in July 2016. The SPEAKER pro tempore. The BILL SHUSTER, Mr. Speaker, H.R. 1302 is common- question is on the motion offered by Chairman. sense legislation that will prepare first the gentlewoman from Arizona (Ms. MCSALLY) that the House suspend the HOUSE OF REPRESENTATIVES, responders, as well as State and local rules and pass the bill, H.R. 1302. COMMITTEE ON HOMELAND SECURITY, government partners, for the chal- Washington, DC, March 15, 2017. lenges that lie ahead. The question was taken. Hon. BILL SHUSTER, At this time, when first responder The SPEAKER pro tempore. In the Chairman, Committee on Transportation and programs are slated for the chopping opinion of the Chair, two-thirds being Infrastructure, block under the administration’s budg- in the affirmative, the ayes have it. Washington, DC. et blueprint, it is more important than Ms. MCSALLY. Mr. Speaker, I object DEAR CHAIRMAN SHUSTER: Thank you for to the vote on the ground that a your letter regarding H.R. 1302, the ‘‘Ter- ever that Congress stand together to support them. Exercises like the ones quorum is not present and make the rorist and Foreign Fighter Travel Exercise point of order that a quorum is not Act of 2017’’. I appreciate your support in authorized under this legislation con- bringing this legislation before the House of tribute to our preparedness. present. The SPEAKER pro tempore. Pursu- Representatives, and accordingly, under- As such, I urge Members to support ant to clause 8 of rule XX, further pro- stand that the Committee on Transportation this bill once again. and Infrastructure will not seek a sequential Mr. Speaker, I yield back the balance ceedings on this question will be post- referral on the bill. of my time. poned. The Committee on Homeland Security con- The point of no quorum is considered Ms. MCSALLY. Mr. Speaker, I thank curs with the mutual understanding that by withdrawn. foregoing a sequential referral of this bill at the gentleman from California (Mr. this time, the Committee on Transportation CORREA) on the Committee on Home- f and Infrastructure does not waive any juris- land Security for supporting this bill, SECURING OUR AGRICULTURE AND diction over the subject matter contained in and I urge the rest of my colleagues to FOOD ACT this bill or similar legislation in the future. support H.R. 1302. In addition, should a conference on this bill Mr. DONOVAN. Mr. Speaker, I move be necessary, I would support your request to Mr. Speaker, I yield back the balance to suspend the rules and pass the bill have the Committee on Transportation and of my time. (H.R. 1238) to amend the Homeland Se- Infrastructure represented on the conference Ms. JACKSON LEE. Mr. Speaker, as a sen- curity Act of 2002 to make the Assist- committee. ior member of the House Committee on ant Secretary of Homeland Security I will insert copies of this exchange in the Homeland Security I rise in support of H.R. for Health Affairs responsible for co- Congressional Record during consideration 1302, Terrorist and Foreign Fighter Travel Ex- of this bill on the House floor. I thank you ordinating the efforts of the Depart- for your cooperation in this matter. ercise Act of 2017 to require an exercise to ment of Homeland Security related to Sincerely, terrorist and foreign fighter travel. food, agriculture, and veterinary de- MICHAEL T. MCCAUL, This bipartisan bill would expand the scope fense against terrorism, and for other Chairman, Committee on Homeland Security. of the Federal Emergency Management Agen- purposes. Mr. CORREA. Mr. Speaker, I yield cy’s National Exercise Program by requiring The Clerk read the title of the bill. myself such time as I may consume. additional scenarios to address emerging ter- The text of the bill is as follows: I rise in support of H.R. 1302, the Ter- rorist threats. H.R. 1238 rorist and Foreign Fighter Travel Ex- Among the scenarios to be included are Be it enacted by the Senate and House of Rep- ercise Act of 2017. those involving U.S. citizens enlisting with or resentatives of the United States of America in Every day, communities across this providing support to terrorists organizations Congress assembled, country are confronted by evolving abroad, as well as terrorist infiltration in the SECTION 1. SHORT TITLE. threats. Since the beginning of the United States. This Act may be cited as the ‘‘Securing our year, we have seen a number of bomb A nationwide exercise would be held within Agriculture and Food Act’’. threats against Jewish Community a year of enactment to evaluate the threat of SEC. 2. COORDINATION OF FOOD, AGRICULTURE, Centers. A year and a half ago, a 21- individuals traveling from the United States to AND VETERINARY DEFENSE AGAINST TERRORISM. year-old White gunman hoping to start join a terrorist organization. (a) IN GENERAL.—Title V of the Homeland a race war opened fire at the Emanuel The exercise would also test scenarios in- Security Act of 2002 (6 U.S.C. 311 et seq.) is AME Church in Charleston, South volving terrorist infiltration into the U.S. by amended by adding at the end the following Carolina, killing nine of its parish- United States citizens and foreign nationals. new section: ioners. The year 2015 went on record as DHS would coordinate with other federal de- ‘‘SEC. 528. COORDINATION OF DEPARTMENT OF the year with most threats, reports of partments, foreign governments, state and HOMELAND SECURITY EFFORTS RE- LATED TO FOOD, AGRICULTURE, harassments, and vandalism against local governments, and the private sector to AND VETERINARY DEFENSE mosques in the United States. conduct the exercise. AGAINST TERRORISM. In light of the emboldened White na- The growing complexity of the threat may ‘‘(a) PROGRAM REQUIRED.—The Secretary, tionalist, anti-Semitic, and be creating unseen gaps in our defenses, yet acting through the Assistant Secretary for

VerDate Sep 11 2014 06:00 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.007 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2305 Health Affairs, shall carry out a program to pacts of an intentional attack on, or a HOUSE OF REPRESENTATIVES, coordinate the Department’s efforts related natural disruption of, U.S. agricultural COMMITTEE ON HOMELAND SECURITY, to defending the food, agriculture, and vet- or food production systems. Washington, DC, March 16, 2017. erinary systems of the United States against Hon. GREG WALDEN, terrorism and other high-consequence events The food and agriculture sector is Chairman, Committee on Energy and Commerce, that pose a high risk to homeland security. critically important to our Nation’s Washington, DC. ‘‘(b) PROGRAM ELEMENTS.—The coordina- economy. U.S. food and agriculture ac- DEAR CHAIRMAN WALDEN: Thank you for tion program required by subsection (a) shall counts for roughly one-fifth of the Na- your letter regarding H.R. 1238, the ‘‘Secur- include, at a minimum, the following: ing our Agriculture and Food Act.’’ I appre- ‘‘(1) Providing oversight and management tion’s economic activity, and contrib- ciate your support in bringing this legisla- of the Department’s responsibilities pursu- uted $835 billion to the U.S. gross do- tion before the House of Representatives, ant to Homeland Security Presidential Di- mestic product in 2014, and is respon- and accordingly, understand that the Com- rective 9–Defense of United States Agri- sible for 1 out of every 12 U.S. jobs. mittee on Energy and Commerce will forego culture and Food. consideration of the bill. ‘‘(2) Providing oversight and integration of Coming from Iowa and as a member The Committee on Homeland Security con- the Department’s activities related to vet- of the Appropriations Subcommittee curs with the mutual understanding that by erinary public health, food defense, and agri- on Agriculture, Congressman YOUNG of foregoing consideration on this bill at this cultural security. Iowa knows all too well the importance time, the Committee on Energy and Com- ‘‘(3) Leading the Department’s policy ini- of protecting this sector, which is vital merce does not waive any jurisdiction over tiatives relating to food, animal, and agri- the subject matter contained in this bill or cultural incidents, and the impact of such in- to the economy and our way of life. I similar legislation in the future. In addition, cidents on animal and public health. appreciate him introducing this bill of should a conference on this bill be necessary, ‘‘(4) Leading the Department’s policy ini- which I am pleased to be an original I would support a request by the Committee tiatives relating to overall domestic pre- cosponsor. on Energy and Commerce for conferees on paredness for and collective response to agri- those provisions within your jurisdiction. cultural terrorism. I thank Chairman WALDEN of the En- I will insert copies of this exchange in the ‘‘(5) Coordinating with other Department ergy and Commerce Committee and report or in the Congressional Record during components, including U.S. Customs and Chairman CONAWAY of the Agriculture consideration of this bill on the House floor. Border Protection, as appropriate, on activi- Committee for working with us to ad- I thank you for your cooperation in this ties related to food and agriculture security vance this bill. matter. and screening procedures for domestic and Sincerely, imported products. Mr. Speaker, we also look forward to MICHAEL T. MCCAUL. ‘‘(6) Coordinating with appropriate Federal working with our Senate colleagues, departments and agencies. who recently approved companion leg- HOUSE OF REPRESENTATIVES, ‘‘(7) Other activities as determined nec- islation without amendment in the COMMITTEE ON AGRICULTURE, essary by the Secretary. Senate Homeland Security and Govern- Washington, DC, March 10, 2017. ‘‘(c) RULE OF CONSTRUCTION.—Nothing in Hon. MICHAEL MCCAUL, this section may be construed as altering or mental Affairs Committee. Chairman, Committee on Homeland Security, superseding the authority of the Secretary of This bipartisan legislation passed the Washington, DC. Agriculture relating to food and agri- DEAR CHAIRMAN MCCAUL: Thank you for culture.’’. House last September by voice vote, and I urge all Members to join me once the opportunity to review H.R. 1238, ‘‘Secur- (b) CLERICAL AMENDMENT.—The table of ing our Agriculture and Food Act.’’ As you contents in section 1(b) of the Homeland Se- again in supporting this bill. are aware, the bill was primarily referred to curity Act of 2002 is amended by inserting Mr. Speaker, I reserve the balance of the Committee on Homeland Security, while after the item relating to section 527 the fol- my time. the Agriculture Committee received an addi- lowing new item: tional referral. ‘‘Sec. 528. Coordination of Department of HOUSE OF REPRESENTATIVES, I recognize and appreciate your desire to Homeland Security efforts re- COMMITTEE ON ENERGY AND COMMERCE, bring this legislation before the House in an lated to food, agriculture, and Washington, DC, March 16, 2017. expeditious manner and, accordingly, I agree veterinary defense against ter- Hon. MICHAEL T. MCCAUL, to discharge H.R. 1238 from further consider- rorism.’’. Chairman, Committee on Homeland Security, ation by the Committee on Agriculture. I do Washington, DC. The SPEAKER pro tempore. Pursu- so with the understanding that by dis- ant to the rule, the gentleman from DEAR CHAIRMAN MCCAUL: I write in regard charging the bill, the Committee on Agri- to H.R. 1238, Securing our Agriculture and culture does not waive any future jurisdic- New York (Mr. DONOVAN) and the gen- Food Act, which was referred in addition to tional claim on this or similar matters. Fur- tleman from California (Mr. CORREA) the Committee on Energy and Commerce. I ther, the Committee on Agriculture reserves each will control 20 minutes. wanted to notify you that the Committee the right to seek the appointment of con- The Chair recognizes the gentleman will forgo action on the bill so that it may ferees, if it should become necessary. from New York. proceed expeditiously to the House floor for I ask that you insert a copy of our ex- GENERAL LEAVE consideration. change of letters into the Congressional Record during consideration of this measure Mr. DONOVAN. Mr. Speaker, I ask The Committee on Energy and Commerce unanimous consent that all Members on the House floor. takes this action with our mutual under- Thank you for your courtesy in this mat- have 5 legislative days within which to standing that by foregoing consideration of ter and I look forward to continued coopera- revise and extend their remarks and in- H.R. 1238, the Committee does not waive any tion between our respective committees. clude any extraneous material on the jurisdiction over the subject matter con- Sincerely, bill under consideration. tained in this or similar legislation and will K. MICHAEL CONAWAY, The SPEAKER pro tempore. Is there be appropriately consulted and involved as Chairman. objection to the request of the gen- this or similar legislation moves forward to tleman from New York? address any remaining issues within the HOUSE OF REPRESENTATIVES, There was no objection. Committee’s jurisdiction. The Committee COMMITTEE ON HOMELAND SECURITY, Mr. DONOVAN. Mr. Speaker, I yield also reserves the right to seek appointment Washington, DC, March 10, 2017. Hon. K. MICHAEL CONAWAY, myself such time as I may consume. of an appropriate number of conferees to any House-Senate conference involving this or Chairman, Committee on Agriculture, I rise today in support of H.R. 1238, Washington, DC. the Securing our Agriculture and Food similar legislation and asks that you support any such request. DEAR CHAIRMAN CONAWAY: Thank you for Act, introduced by Congressman DAVID your letter regarding H.R. 1238, the ‘‘Secur- YOUNG of Iowa. This bill seeks to au- I would appreciate your response con- ing our Agriculture and Food Act.’’ I appre- thorize the Department of Homeland firming this understanding with respect to ciate your support in bringing this legisla- Security’s food, agriculture, and vet- H.R. 1238 and ask that a copy of our ex- tion before the House of Representatives, erinary defense program within the Of- change of letters on this matter be included and accordingly, understand that the Com- in your committee’s report on the legislation mittee on Agriculture will forego consider- fice of Health Affairs. or the Congressional Record during its con- ation of the bill. Last year, the Subcommittee on sideration on the House floor. The Committee on Homeland Security con- Emergency Preparedness, Response, Sincerely, curs with the mutual understanding that by and Communications held a hearing to GREG WALDEN, foregoing consideration on this bill at this examine the potential devastating im- Chairman. time, the Committee on Agriculture does not

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.006 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2306 CONGRESSIONAL RECORD — HOUSE March 22, 2017 waive any jurisdiction over the subject mat- genic avian influenza wreaked havoc on I also want to thank the chairman ter contained in this bill or similar legisla- turkey farmers and egg producers in and ranking members of the full com- tion in the future. In addition, should a con- the Midwest. mittee and all their staff for their as- ference on this bill be necessary, I would sup- This naturally occurring outbreak sistance in bringing this bill to the port a request by the Committee on Agri- culture for conferees on those provisions revealed significant vulnerabilities and floor today in the House. within your jurisdiction. coordination challenges between Fed- Mr. Speaker, I urge the passage of I will insert copies of this exchange in the eral, State, and local stakeholders in this bill. Congressional Record during consideration responding quickly to prevent the Mr. CORREA. Mr. Speaker, I yield of this bill on the House floor. I thank you spread of avian influenza. myself such time as I may consume. for your cooperation in this matter. It also demonstrated the importance Mr. Speaker, Securing Our Agri- Sincerely, of having mitigation and response culture and Food Act passed the House MICHAEL T. MCCAUL. strategies and processes in place to en- in September of 2016, and the Senate Mr. CORREA. Mr. Speaker, I yield sure any naturally occurring outbreak companion bill was reported out of myself such time as I may consume. or coordinated attack against our Na- committee last week. I rise in support of H.R. 1238, the Se- tion’s agricultural sector can be pre- Passage of this measure will send a curing our Agriculture and Food Act. vented quickly and be contained. strong message about our commitment Mr. Speaker, U.S. agriculture and ag- Maintaining the integrity of our ag- to protecting our Nation’s food and agriculture-related business represents ricultural and food supply system is ricultural sectors. As such, I urge my about 6 percent of our gross domestic imperative. The folks I talked to have colleagues to support H.R. 1238. product as of 2014. Protecting this in- great concerns about the safety and se- I yield back the balance of my time. dustry, which contributes $985 billion curity of our homeland and our people, Mr. DONOVAN. Mr. Speaker, I yield to our economy, from international and their concerns are warranted. myself as much time as I may con- and naturally occurring biological The reality of living in this day and sume, and I once again urge my col- events is critical not only to the sta- age is that it is just not the big cities leagues to support H.R. 1238. bility of our national economy, but that have to be prepared for a terror Mr. Speaker, I yield back the balance also to the security of our national attack. All counterterrorism measures of my time. food supply and our human health. must reflect a universal understanding Ms. JACKSON LEE. Mr. Speaker, I rise in This bill would clarify the respon- of potential vulnerabilities, which in- support of H.R. 1238, ‘‘Securing Our Agri- sibilities of the Department of Home- cludes our agriculture and rural com- culture and Food Act.’’ land Security’s Assistant Secretary for munities. This bipartisan bill amends the Homeland Health Affairs as they relate to the Farming and agriculture are not only Security Act of 2002 to make the Assistant DHS’ responsibilities under the Home- the backbone of the Iowa economy, but Secretary of Homeland Security for Health Af- land Security Presidential Directive 9, of the entire Nation. Any attack on our fairs responsible for coordinating the efforts for entitled: ‘‘The Defense of U.S. Agri- food supply could have devastating the DHS related to food, agriculture, and vet- culture and Food.’’ consequences on our economy and our erinary defense against terrorism. The bill includes language offered by communities. It is essential that we The coordination program under the meas- Representative DONALD PAYNE, Jr., my take the proper steps against potential ure would include: colleague on the committee, directing threats. 1. Overseeing and managing DHS’s respon- the Assistant Secretary for Health Af- Now, the reality is agroterrorism and sibilities under the presidential directive; fairs to coordinate with all depart- other high-risk events pose serious 2. Integrating activities related to veterinary mental components with responsibil- threats to our food, agriculture, and public health, food and agriculture security; ities related to food and agriculture se- livestock industries across the United 3. Leading the department’s policy initiatives curity and screening procedures. Such States. For that reason, I introduced, relating to food, animal, and agriculture inci- coordination will include Customs and in a bipartisan fashion, the Securing dents, as well as domestic preparedness for Border Protection, which has histori- Our Agriculture and Food Act together and collective response to agricultural ter- cally struggled to maintain agriculture with Congressman DAN DONOVAN and rorism; and inspection staffing levels at ports of Congressman DONALD PAYNE, Jr., the 4. Coordinating with other parts of the fed- entry. chairman and ranking member of the eral government. Mr. Speaker, agriculture and agri- Homeland Security Subcommittee on Agro-terrorism is defined as the deliberate culture-related businesses constitute a Emergency Preparedness, Response, introduction of an animal or plant disease for major portion of California’s economy. and Communications, to ensure our the purpose of generating fear, causing eco- Agriculture plays an integral role in Nation has a plan and strategy to pre- nomic losses, or undermining social stability. industries ranging from transportation pare for and respond to any high-risk Killing livestock and plants or contaminating and warehousing to finance and insur- event threatening our agricultural sec- food can help terrorists cause economic crises ance, to accommodation and food serv- tor, our food supply, and, ultimately, in the agriculture and food industries. ices. our people. Agriculture comprises the largest single sec- The Securing Our Agriculture and tor in U.S. economy, making agro-terrorism an 1245 b Food Act requires the Secretary of attractive opportunity for many terrorist organi- The cascading effects of national and Homeland Security, through the As- zations. international outbreaks compromise sistant Secretary for Health Affairs, to Attacks directed against the cattle, pork, or agriculture, food, and could have dev- lead the government’s efforts to secure poultry industries or via the food chain pose astating effects on the State’s econ- our Nation’s food, agriculture, and our the most serious danger for latent, ongoing ef- omy. veterinary systems against terrorism fects and general socioeconomic and political I encourage my colleagues to support and high-risk events. disruption. this bill to ensure the integrity of our This bipartisan bill also authorizes Food availability becomes a matter of imme- agriculture industry and food supply. the Secretary to collaborate with other diate life and death in such circumstances, I reserve the balance of my time. agencies to ensure food, agriculture, and significant national and global resources Mr. DONOVAN. Mr. Speaker, I yield and animal and human health sectors need to be dedicated to emergency relief ef- as much time as he may consume to receive the attention and are inte- forts. the gentleman from Iowa (Mr. YOUNG). grated into the DHS’ domestic pre- Any attacks of agro-terrorism would be par- Mr. YOUNG of Iowa. Mr. Speaker, I paredness policy initiatives. ticularly devastating for the citizens of Texas. want to thank the chairman of the sub- I appreciate the support of Sub- In Texas, the largest source of agricultural committee for shepherding this committee Chairman Donovan—thank revenue comes from the sale of beef cattle. through the committee as well as being you—and Ranking Member PAYNE as Texas produces roughly 20 percent of the a cosponsor. I appreciate that. we work to better secure our agri- nation’s cattle and ranks first in the country in Mr. Speaker, in 2015, our Nation ex- culture and food sectors. I thank you the value of cattle raised. perienced the worst animal disease out- both for elevating the importance of It is crucial that we have preparedness poli- break in our history, as highly patho- this issue. cies in place to quickly respond to events

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\A22MR7.009 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2307 threatening U.S. agriculture or food production The Clerk read the title of the bill. partment, including through web-based sem- systems. The text of the bill is as follows: inars, training, and forums. I ask my colleagues to join me in supporting H.R. 1365 (6) Any impacts of the utilization of innovative acquisition mechanisms by the De- H.R. 1238. Be it enacted by the Senate and House of Rep- Mr. JOHNSON of Georgia. Mr. Speaker, I partment on the private sector, including resentatives of the United States of America in small businesses. stand in strong support to H.R. 1238, the Se- Congress assembled, (7) The criteria used to identify specific ac- curing Our Agriculture and Food Act of 2017. SECTION 1. SHORT TITLE. quisition programs or activities to be in- Our nation’s agricultural sector comprises a This Act may be cited as the ‘‘Department cluded in acquisition innovation efforts and substantial portion of our economy. In my of Homeland Security Acquisition Innova- the outcomes of such programs or activities. home state of Georgia, eggs, beef, poultry, tion Act’’. (8) Recommendations, as necessary, to en- peanuts, onions, and many other agricultural SEC. 2. ACQUISITION INNOVATION. hance acquisition innovation in the Depart- commodities allow for agriculture to be an al- (a) IN GENERAL.—Title VII of the Homeland ment. most $14 billion industry. Furthermore, the Security Act of 2002 (6 U.S.C. 341 et seq.) is The SPEAKER pro tempore. Pursu- amended by adding at the end the following ant to the rule, the gentleman from food and fiber industry directly and indirectly new section: results in a total economic impact of tens of New York (Mr. DONOVAN) and the gen- ‘‘SEC. 710. ACQUISITION INNOVATION. tleman from California (Mr. CORREA) billions of dollars annually and the creation of ‘‘The Under Secretary for Management hundreds of thousands of jobs in Georgia. may— each will control 20 minutes. Moreover, agricultural industries serve as a ‘‘(1) designate an individual within the De- The Chair recognizes the gentleman vital backbone to the nutrition and nourish- partment to manage acquisition innovation from New York. ment of both America’s citizens and con- efforts of the Department; GENERAL LEAVE sumers abroad. ‘‘(2) test emerging acquisition best prac- Mr. DONOVAN. Mr. Speaker, I ask Naturally, an industry as critical to the tices to carrying out acquisitions, consistent unanimous consent that all Members United States’ stability as the country’s food with the Federal Acquisition Regulation and have 5 legislative days within which to production must not be compromised by Department acquisition management direc- revise and extend their remarks and in- tives, as appropriate; threats of sabotage or acts of terrorism. ‘‘(3) develop and distribute best practices clude any extraneous materials on the Passing this bill will amend portions of the and lessons learned regarding acquisition in- bill under consideration. Homeland Security Act of 2002 (HSA) to allow novation throughout the Department; The SPEAKER pro tempore. Is there the Department of Homeland Security to better ‘‘(4) establish metrics to measure the effec- objection to the request of the gen- protect America’s agricultural sector. The reor- tiveness of acquisition innovation efforts tleman from New York? ganization of DHS resources outlined in this with respect to cost, operational efficiency There was no objection. bill ensure that proper oversight and manage- of the acquisition program (including time- Mr. DONOVAN. Mr. Speaker, I yield ment of our nation’s agriculture necessary to frame for executing contracts), and collabo- myself as much time as I may con- ration with the private sector, including sume. prevent a devastating attack on our agricul- small businesses; and tural sector. Mr. Speaker, I rise in support of H.R. ‘‘(5) determine impacts of acquisition inno- 1365, the Department of Homeland Se- The level of bipartisan cooperation and sup- vation efforts on the private sector by— port for the Securing our Agricultural and Food ‘‘(A) engaging with the private sector, in- curity Acquisition Innovation Act. Act reflects the importance of this bill to secu- cluding small businesses, to provide informa- The bill allows DHS to designate a rity and economic interests of American’s citi- tion and obtain feedback on procurement senior official to manage acquisition zens. The security of our nation’s food sup- practices and acquisition innovation efforts innovation efforts; test, develop, and plies is not an issue defined by political party, of the Department; distribute acquisition best practices nor is the concern only relevant to rural popu- ‘‘(B) obtaining feedback from the private throughout the Department; and estab- sector on the impact of acquisition innova- lish performance metrics to evaluate lations. All American’s will suffer if we are un- tion efforts of the Department; and able to ensure the safety of the country’s agri- the effectiveness of these efforts. Re- ‘‘(C) incorporating such feedback, as appro- publican amendments at the com- cultural sector. priate, into future acquisition innovation ef- This bill provides security to a fundamental forts of the Department.’’. mittee markup strengthened the un- and often. overlooked area of our economy (b) CLERICAL AMENDMENT.—The table of derlying bill by encouraging DHS to and existence. We as lawmakers must ensure contents in section 1(b) of the Homeland Se- obtain feedback from the private sec- the preparedness of our Federal government curity Act of 2002 is amended by inserting tor and incorporate this feedback into to react to events of ecological sabotage and after the item relating to section 709 the fol- future efforts. terrorism. lowing new item: As we have seen from numerous I strongly urge my colleagues to vote YES ‘‘Sec. 710. Acquisition innovation.’’. watchdog reports, the Federal Govern- on the resolution. (c) INFORMATION.—Not later than 90 days ment’s acquisition and contracting The SPEAKER pro tempore. The after the date on which the Secretary of process is broken, cumbersome, and bu- Homeland Security submits the annual budg- reaucratic. DHS must continue to in- question is on the motion offered by et justification for the Department of Home- the gentleman from New York (Mr. land Security for each of fiscal years 2018 novate to ensure the private sector can DONOVAN) that the House suspend the through 2022, the Secretary shall, if appro- best support our critical homeland se- rules and pass the bill, H.R. 1238. priate, provide information to the Com- curity needs. The Department has re- The question was taken. mittee on Homeland Security of the House of cently taken positive steps in using The SPEAKER pro tempore. In the Representatives and the Committee on new contracting tools and collabo- opinion of the Chair, two-thirds being Homeland Security and Governmental Af- rating with industry. This legislation in the affirmative, the ayes have it. fairs of the Senate on the activities under- supports those efforts and encourages Mr. DONOVAN. Mr. Speaker, on that taken in the previous fiscal year in further- their continued use. I demand the yeas and nays. ance of section 710 of the Homeland Security I commend Oversight and Manage- Act, as added by subsection (a) of this Act, The yeas and nays were ordered. ment Efficiency Subcommittee Rank- The SPEAKER pro tempore. Pursu- on the following: (1) Emerging acquisition best practices ing Member CORREA for all of his hard ant to clause 8 of rule XX, further pro- that were tested within the Department dur- work on this legislation. ceedings on this motion will be post- ing such year. I urge all Members to join me in sup- poned. (2) Efforts to distribute best practices and porting this bill. f lessons learned within the Department, in- Mr. Speaker, I reserve the balance of cluding through web-based seminars, train- my time. DEPARTMENT OF HOMELAND SE- ing, and forums, during such year. Mr. CORREA. Mr. Speaker, I yield CURITY ACQUISITION INNOVA- (3) Utilization by components throughout myself such time as I may consume. TION ACT the Department of best practices distributed I rise in support of H.R. 1365, the De- Mr. DONOVAN. Mr. Speaker, I move by the Under Secretary of Management pur- partment of Homeland Security Acqui- to suspend the rules and pass the bill suant to paragraph (3) of such section 710. (4) Performance as measured by the sition Innovation Act. (H.R. 1365) to amend the Homeland Se- metrics established under paragraph (4) of When the Department of Homeland curity Act of 2002 to require certain ac- such section 710. Security was established in 2002, it was quisition innovation, and for other pur- (5) Outcomes of efforts to distribute best understood that the mission of safe- poses, as amended. practices and lessons learned within the De- guarding the American people would be

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.031 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2308 CONGRESSIONAL RECORD — HOUSE March 22, 2017 a complex one. Today, 15 years later, estimate for H.R. 1365, the Department of At the Tenth Annual Border Security Expo in the ever-changing nature of the ter- Homeland Security Acquisition Innovation Texas, officials from the Department of Home- rorist threat and its landscape has de- Act. land Security observed some of the latest in- manded that DHS be more innovative. If you wish further details on this esti- novations that can help to protect our border. In the past 3 years, the Department has mate, we will be pleased to provide them. The CBO staff contact is Mark Grabowicz. This included 3D holographic images, portable actively worked to carry out its pro- Sincerely, biometric testing kits, and underground seis- curement process in new and innova- KEITH HALL. mic signal detectors. tive ways. Enclosure. In Texas, U.S. Customs and Border Protec- The Acquisition Innovations in Mo- H.R. 1365 tion agents deter, detect, and interdict smug- tion program, launched in 2015, is a gling along the Texas/Mexico border through DEPARTMENT OF HOMELAND SECURITY framework for coordinated industry en- ACQUISITION INNOVATION ACT the deployment of an integrated network of gagement in which opportunities, chal- detection and communication technologies. lenges, and strategies are discussed to As ordered reported by the House Committee on Homeland Security on March 8, 2017 In 2016, the Texas of Department of Public identify acquisition solutions and fos- Safety provided direct assistance to U.S. Cus- H.R. 1365 would authorize the Department ter greater efficiency and effectiveness. toms and Border Protection in the arrest of A key component of this program is of Homeland Security (DHS) to promote the use of innovation in its acquisition pro- over 37,000 criminals deemed a high threat a Procurement Innovation Lab called grams. The legislation would direct DHS to risk. PIL. PIL is a virtual testing environ- provide information annually to the Con- Frontline personnel securing our borders, ment that experiments with innovative gress on activities related to innovative ac- protecting our airports, and defending our techniques to assess whether they can quisition practices. Based on information shores must have the tools to successfully ac- be effectively integrated into DHS’ from DHS, CBO estimates that implementing complish their mission. procurement process. To date, PIL is H.R. 1365 would cost less than $500,000 annu- I ask my colleagues to join me in supporting credited with reducing award times, ally; such spending would be subject to the H.R. 1365. the integration of existing flexibilities availability of appropriated funds. The SPEAKER pro tempore. The that are in use in other portions of the Enacting the legislation would not affect question is on the motion offered by Federal Government, and improved ac- direct spending or revenues; therefore, pay- as-you-go procedures do not apply. CBO esti- the gentleman from New York (Mr. quisition training. mates that enacting H.R. 1365 would not in- DONOVAN) that the House suspend the Results, case studies, and lessons crease net direct spending or on-budget defi- rules and pass the bill, H.R. 1365, as learned from the PIL process are regu- cits in any of the four consecutive 10-year amended. larly shared throughout DHS through periods beginning in 2028. The question was taken. webinars and the internal web portal. H.R. 1365 contains no intergovernmental or The SPEAKER pro tempore. In the These activities facilitate a continuous private-sector mandates as defined in the opinion of the Chair, two-thirds being learning culture that enhances the Unfunded Mandates Reform Act and would in the affirmative, the ayes have it. DHS mission of support. not affect the budgets of state, local, or trib- Mr. DONOVAN. Mr. Speaker, I object I introduced this bill, H.R. 1365, to in- al governments. to the vote on the ground that a stitutionalize DHS’ acquisition innova- The CBO staff contact for this estimate is quorum is not present and make the Mark Grabowicz. The estimate was approved tion efforts by authorizing such activ- by H. Samuel Papenfuss, Deputy Assistant point of order that a quorum is not ity by the Under Secretary of Manage- Director for Budget Analysis. present. ment. Specifically, my legislation au- The SPEAKER pro tempore. Pursu- thorizes robust testing, development, Ms. JACKSON LEE. Mr. Speaker, as a sen- ant to clause 8 of rule XX, further pro- and distribution of best practices and ior member of the Homeland Security Com- ceedings on this question will be post- acquisitions throughout the Depart- mittee, I rise in support of H.R. 1365, the ‘‘De- poned. ment, as well as performance metrics partment of Homeland Security Acquisition In- The point of no quorum is considered to measure the effectiveness of such ef- novation Act’’ which authorizes the DHS to ex- withdrawn. pand the use of acquisition innovation. forts. f Enactment of this bill will help en- This bipartisan bill will guarantee new acqui- sure that this successful acquisition sition methods and practices are considered to b 1300 management technique continues. This ensure taxpayers get the most for their RAISING A QUESTION OF THE bill was unanimously approved by the money. PRIVILEGES OF THE HOUSE This bill would permit DHS’s undersecretary Committee on Homeland Security ear- Mr. POLIS. Mr. Speaker, I have a for management to: lier this month. privileged resolution at the desk. Mr. Speaker, DHS’ approach to ac- 1. Designate an official to manage acquisi- The SPEAKER pro tempore. The quisitions not only accommodates the tion innovation; Clerk will report the resolution. Department’s unique mission, but it 2. Test and develop best practices that are The Clerk read as follows: supports our responsibility to the man- consistent with acquisition rules and directives; Whereas, in the United States’ sys- agement of taxpayer dollars. 3. Measure how innovation in acquisition tem of checks and balances, Congress This bill codifies a pathway to devel- processes have affected cost, operational effi- has a responsibility to hold the execu- oping and implementing innovative ap- ciency, the timeframe for executing contracts, tive branch of government to the high- proaches that serve the Department’s and collaboration with small businesses and est standard of transparency to ensure acquisition challenges through collabo- other private-sector companies; and the public interest is placed first; ration and efficiency. To that end, it is 4. Obtain and incorporate feedback from the Whereas, according to the Tax His- vital that DHS continue to drive to- private sector. tory Project, every President since wards a more effective procurement From fiscal 2018 through 2022, DHS would Gerald Ford has disclosed their tax re- process in support of its vital mission. provide Congress with information on acquisi- turn information to the public; Mr. Speaker, I urge passage of H.R. tion innovation activities during the previous Whereas, tax returns provide an im- 1365, and I yield back the balance of my fiscal year, including: portant baseline disclosure because time. 1. Best practices that were tested, used and they contain highly instructive infor- Mr. DONOVAN. Mr. Speaker, I once distributed, including through web-based semi- mation including whether the can- again urge my colleagues to support nars, trainings and forums; didate can be influenced by foreign en- H.R. 1365, as amended. 2. Effects on the private sector, including tities and reveal any conflicts of inter- Mr. Speaker, I yield back the balance small businesses; est; of my time. 3. Criteria to indemnify acquisition programs Whereas, Article I, section 9 of the CCAUL. Mr. Speaker, I include in the Mr. M that would be appropriate for innovation; and Constitution states that no person RECORD the cost estimate on H.R. 1365: 4. Recommendations for enhancing innova- holding any office of profit or trust MARCH 22, 2017. tion at DHS. under them, shall, without the consent Hon. MICHAEL MCCAUL, of Congress, accept any present, emolu- Chairman, Committee on Homeland Security, Innovation is the American way and this bill House of Representatives, Washington, DC. makes sure the Department of Homeland Se- ment, Office or Title, of any kind what- DEAR MR. CHAIRMAN: The Congressional curity finds new ways to do its job effectively ever from any King, Prince, or foreign Budget Office has prepared the enclosed cost and efficiently. State;

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.033 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2309 Whereas, disclosure of the Presi- of interest related to international af- that language more than this motion dent’s tax returns is important towards fairs, tax reform, government con- before you today. investigating Russian influence in the tracts, or otherwise: Let’s shine a light on the President’s 2016 election, understanding the Presi- Now, therefore, be it resolved that conflicts so we, as a Congress, and the dent’s financial ties to the Russian the House of Representatives shall: American people can judge what is oc- Federation and Russian citizens, in- One, immediately request the tax re- curring, where the conflicts lie, wheth- cluding debts owed and whether he turn information of Donald J. Trump er his decisions are being made for shares any partnership interests, eq- for tax years 2006 through 2015 for re- himself or his business interests or for- uity interests, joint ventures, or licens- view in closed executive session by the eign interests or for the greater good of ing agreements with Russia or Russian Committee on Ways and Means, as pro- the American people. nationals, formally or informally asso- vided under section 6103 of the Internal I call upon the Speaker to rule in ciated with Vladmir Putin; Revenue Code, and vote to report the favor of allowing this privileged resolu- Whereas, The New York Times has information therein to the full House tion to move forward and for the Presi- reported that President Trump’s close of Representatives; dent to disclose his tax returns imme- senior advisers, including Carter Page, Two, support transparency in govern- diately. Paul Manafort, Roger Stone, and Gen- ment and the longstanding tradition of The SPEAKER pro tempore. Does eral Michael Flynn, have been under Presidents and Presidential candidates any other Member wish to be heard on investigation by the Federal Bureau of disclosing their tax returns. the question of order? Investigation for their ties to the Rus- The SPEAKER pro tempore. Does the Mr. PASCRELL. Mr. Speaker, I do. sian Federation; gentleman from Colorado wish to The SPEAKER pro tempore. The gen- Whereas, Russian Deputy Foreign present argument on the parliamen- tleman from New Jersey is recognized. Minister Sergei Ryabkov told Interfax, tary question whether the resolution Mr. PASCRELL. Mr. Speaker, on a a Russian media outlet, on November presents a question of the privileges of question of the privileges of the House 10, 2016, that ‘‘there were contacts’’ the House? under rule IX, clause 1, questions of the with Donald Trump’s 2016 campaign, Mr. POLIS. Yes, Mr. Speaker. privileges of the House are those af- and it has been reported that members The SPEAKER pro tempore. The gen- fecting the rights of the House collec- of President Trump’s inner circle were tleman from Colorado is recognized. tively, its safety, dignity, and the in- in contact with senior Russian officials Mr. POLIS. Mr. Speaker, under rule tegrity of its proceedings. Congres- throughout the 2016 campaign; IX, clause 1, questions of the privileges sional oversight is a power granted by Whereas, General Michael Flynn, of the House and those affecting the the Constitution in public law and in former national security adviser of rights of the House, its safety, dignity, House rules. President Trump, received almost and the integrity of its proceedings, Mr. Speaker, just 2 days ago, FBI Di- $68,000 in fees and expenses from Rus- that is the section we are talking rector James Comey confirmed that sian entities in 2015, including by an about here today when we are talking there was an investigation of Donald entity recognized by U.S. intelligence about privilege. Trump’s campaign’s ties to the Russian agencies as an arm of the Russian Gov- Mr. Speaker, truly, there is nothing agents. ernment; more of a threat to the very integrity We know that, following six bank- Whereas, FBI Director Comey stated of the legislative branch in the House ruptcies, Donald Trump had trouble in the Select Intelligence Committee than ignoring our duty to provide a getting loans and financing for his real hearing on the Russian interference check and balance on the executive estate businesses. We know that Ger- with the November 2016 election that branch. man Bank Deutsche stepped in when ‘‘there is no information to support To restore the dignity of the House Wall Street stopped lending, giving at those tweets,’’ relating to President inherent in rule IX, clause 1, we abso- least $300 million in loans for those Trump’s allegations that President lutely must use our authority to re- properties and, more personally, to his Obama illegally wiretapped the Trump quest that President Trump’s tax re- daughter, Ivanka, and son-in-law. campaign; turns are given to the American peo- We know that Deutsche Bank has Whereas, distracting investigators ple. The American people demand to been fined for criminally transferring with dead-end leads and outrageous know the full scope of the President’s $10 billion out of Russia. We also know statements is a common tactic from financial background because there are that Donald Trump, Jr. said that the those with a guilty conscience or in a legitimate concerns which, frankly, Trump organization saw money ‘‘pour- deliberate effort to throw off investiga- were worsened this very week by the ing in from Russia’’ and that ‘‘Russians tors; hearing in the Select Intelligence Com- make up a pretty disproportionate Whereas, according to his 2016 can- mittee where the FBI and NSA testi- cross-section of a lot of our assets.’’ didate filing with the Federal Election fied there is an ongoing investigation We know that Donald Trump repeat- Commission, the President has 564 fi- to determine if there was coordination edly attempted to secure trademarks nancial positions in companies located between the President’s campaign and in Russia—the record is the record—to in the United States and around the Russia. develop real estate in Russia—the world; The Internal Revenue Code already record is the record—and to sell prod- Whereas, according to The Wash- has language that lays out a path for ucts in Russia—the record is the ington Post, the Trump International the Ways and Means Committee to ob- record. We have seen how just two Hotel in Washington, DC, has hired a tain those tax returns and review them pages summarizing the President’s 2005 ‘‘director of diplomatic sales’’ to gen- in a respectful manner; and, frankly, tax returns, which many laughed off, erate high-priced business among for- there is precedent for that provision showed that he paid a low rate of 25 eign leaders and diplomatic delega- being used. Fifty-one tax returns of percent. He has proposed tax changes tions; Americans were requested the last that would significantly lower his own Whereas, the chairman on the Ways time they used it. personal tax bill. and Means Committee, Joint Com- The House needs to demonstrate that We need to see how the President—— mittee on Taxation, and Senate Fi- our Members are listening to the valid The SPEAKER pro tempore. The gen- nance Committee have the authority concerns about the integrity of the Re- tleman will suspend. to request the President’s tax returns public. The House needs to show that The gentleman’s remarks must be under section 6103 of the tax code; we care about protecting our Constitu- confined to the question of order. Whereas, the Ways and Means Com- tion and our system of checks and bal- The gentleman from New Jersey is mittee used IRC 6103 authority in 2014 ances. recognized. to make public the confidential tax in- When I look at the language, the Mr. PASCRELL. Mr. Speaker, noth- formation of 51 taxpayers; privileges of the House, those affecting ing could be more of a threat to the in- Whereas, the American people have the rights of the House collectively, its tegrity of this House than ignoring our the right to know whether or not their safety, dignity, and the integrity of its duty to fully examine the personal fi- President is operating under conflicts proceedings, I can see nothing that fits nancial entanglements any President,

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.011 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2310 CONGRESSIONAL RECORD — HOUSE March 22, 2017 and this President, may have had with Mr. POLIS. Mr. Speaker, how many Dunn LaHood Rooney, Francis Russian entities and individuals. If and Members must come before the Speak- Emmer LaMalfa Rooney, Thomas Farenthold Lamborn J. when such conflicts are revealed, I do er establishing that this qualifies Faso Lance Ros-Lehtinen not want to say to our constituents under the privileges of the House af- Ferguson Latta Roskam that we had the power to review these fecting the integrity of the House until Fitzpatrick Lewis (MN) Ross conflicts, but, instead, we sat on our the Speaker rules in our favor? Fleischmann LoBiondo Rothfus Flores Long Rouzer hands and did nothing. I, for one, do The SPEAKER pro tempore. The Fortenberry Loudermilk Royce (CA) not want my integrity or the integrity Chair is prepared to rule. Foxx Love Russell of my colleagues in this body on both Mr. POLIS. Mr. Speaker, I hope that Franks (AZ) Lucas Rutherford Frelinghuysen Luetkemeyer sides of the aisle to be demeaned by the Chair will rule favorably on behalf Scalise Gaetz MacArthur Schweikert such a shameful failure. Gallagher Marchant of the American people. Scott, Austin Garrett Marino To restore the dignity of the House, Mr. Speaker, I yield back the balance Sensenbrenner Gibbs Marshall we must use our authority to request Sessions of my time. Gohmert Massie President Trump’s tax returns to give The SPEAKER pro tempore. The gen- Goodlatte Mast Shimkus the American people—the 75 percent tleman from Colorado seeks to offer a Gosar McCarthy Simpson who say ‘‘give it up,’’—75 percent of the Gowdy McCaul Smith (MO) resolution as a question of the privi- Smith (NE) American people, the transparency Granger McClintock leges of the House under rule IX. Graves (GA) McHenry Smith (NJ) they deserve. As the Chair ruled on February 27, Graves (LA) McKinley Smith (TX) The SPEAKER pro tempore. The gen- 2017; March 7, 2017; and March 15, 2017, Graves (MO) McMorris Smucker Stefanik tleman’s remarks must be confined to the resolution directs the Committee Griffith Rodgers the question of order. Grothman McSally Stewart on Ways and Means to meet and con- Guthrie Meadows Stivers Mr. PASCRELL. Mr. Speaker, I yield sider an item of business under the pro- Harper Meehan Taylor back the balance of my time. cedures set forth in 26 U.S.C. 6103 and, Harris Messer Tenney Mr. COHEN. Mr. Speaker. Hartzler Mitchell Thompson (PA) The SPEAKER pro tempore. Does the therefore, does not qualify as a ques- Hensarling Moolenaar Thornberry tion of the privileges of the House. Herrera Beutler Mooney (WV) Tiberi gentleman from Tennessee wish to be Hice, Jody B. Mullin heard on the question of order? Mr. POLIS. Mr. Speaker, I appeal the Tipton ruling of the Chair. Higgins (LA) Murphy (PA) Trott Mr. COHEN. Yes, Mr. Speaker. Hill Newhouse Turner The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The Holding Noem Upton tleman from Tennessee is recognized. question is, Shall the decision of the Hollingsworth Nunes Valadao Hudson Olson Chair stand as the judgment of the Wagner Mr. COHEN. Mr. Speaker, Mr. POLIS Huizenga Palazzo Walberg and Mr. PASCRELL have made the point, House? Hultgren Palmer Walden Hunter Paulsen and it is the same point I want to MOTION TO TABLE Walker Hurd Pearce make. There is a shadow hanging over Ms. CHENEY. Mr. Speaker, I have a Issa Perry Walorski the United States of America, over our motion at the desk. Jenkins (KS) Pittenger Walters, Mimi government, and over this House; and Jenkins (WV) Poe (TX) Weber (TX) The SPEAKER pro tempore. The Webster (FL) only we can lift it. Clerk will report the motion. Johnson (LA) Poliquin Johnson (OH) Posey Wenstrup The Trump campaign said that if Hil- The Clerk read as follows: Johnson, Sam Ratcliffe Westerman lary Clinton was the President with a Ms. Cheney moves that the appeal be laid Jordan Reed Williams Wilson (SC) Federal investigation overlooking her, on the table. Joyce (OH) Reichert which it looked like there was with Mr. Katko Renacci Wittman The SPEAKER pro tempore. The Kelly (MS) Rice (SC) Womack Comey’s comments before the election, question is on the motion to lay the Kelly (PA) Roby Woodall that it would be unheard of, unprece- appeal on the table. King (NY) Roe (TN) Yoder Kinzinger Rogers (AL) Yoho dented, and the Government couldn’t The question was taken; and the go on. Knight Rogers (KY) Young (AK) Speaker pro tempore announced that Kustoff (TN) Rohrabacher Young (IA) Well, there is a Federal investigation the ayes appeared to have it. Labrador Rokita Zeldin of the present President of the United Mr. POLIS. Mr. Speaker, on that I States—something that has never hap- NAYS—189 demand the yeas and nays. pened before—and that has put a dark The yeas and nays were ordered. Adams Crist Higgins (NY) cloud that can only be lifted by show- Aguilar Crowley Himes The SPEAKER pro tempore. Pursu- ´ ing in the light of day what the Presi- Barragan Cuellar Hoyer ant to clause 8 of rule XX, this 15- Bass Cummings Huffman dent’s involvements were with his in- minute vote on the motion to lay the Beatty Davis (CA) Jackson Lee come taxes, whom he owes money to. Bera Davis, Danny Jayapal appeal on the table will be followed by And if he doesn’t owe money to people Beyer DeFazio Jeffries 5-minute votes on the motion to re- Bishop (GA) DeGette Johnson (GA) that have a conflict, that is good for commit on H.R. 372 and passage of H.R. Blumenauer Delaney Johnson, E. B. the government because it relieves the 372, if ordered. Blunt Rochester DeLauro Jones President of any suspicion. Bonamici DelBene Kaptur Like Caesar’s wife, he should be be- The vote was taken by electronic de- Boyle, Brendan Demings Keating F. DeSaulnier Kelly (IL) yond suspicion and beyond reproach, vice, and there were—yeas 230, nays 189, answered ‘‘present’’ 1, not voting 9, Brady (PA) Deutch Kennedy and, right now, there is a serious cloud. Brown (MD) Dingell Khanna So I would ask the Chair to rule in as follows: Brownley (CA) Doggett Kihuen [Roll No. 182] Bustos Doyle, Michael Kildee favor of this motion so we can do our Butterfield F. Kilmer job to make the light shine on this gov- YEAS—230 Capuano Ellison Kind ernment and on this House and give Abraham Brat Comer Carbajal Engel Krishnamoorthi more respect for us. Aderholt Bridenstine Comstock Ca´ rdenas Eshoo Kuster (NH) Allen Brooks (AL) Conaway Carson (IN) Espaillat Langevin I thank the Speaker who is an honor- Amash Brooks (IN) Cook Cartwright Esty Larsen (WA) able man and I am proud to say is my Amodei Buchanan Costello (PA) Castor (FL) Evans Larson (CT) friend. Arrington Buck Cramer Castro (TX) Foster Lawrence Mr. Speaker, I yield back the balance Babin Bucshon Crawford Chu, Judy Frankel (FL) Lawson (FL) Bacon Budd Culberson Cicilline Fudge Lee of my time. Banks (IN) Burgess Curbelo (FL) Clark (MA) Gabbard Levin The SPEAKER pro tempore. Does Barletta Byrne Davidson Clarke (NY) Gallego Lewis (GA) any other Member wish to be heard on Barr Calvert Davis, Rodney Clay Garamendi Lieu, Ted the question of order? Barton Carter (GA) Denham Cleaver Gonzalez (TX) Lipinski Bergman Carter (TX) Dent Clyburn Gottheimer Loebsack PARLIAMENTARY INQUIRY Biggs Chabot DeSantis Cohen Green, Al Lofgren Mr. POLIS. Point of parliamentary Bilirakis Chaffetz DesJarlais Connolly Green, Gene Lowenthal inquiry, Mr. Speaker. Bishop (MI) Cheney Diaz-Balart Conyers Grijalva Lowey The SPEAKER pro tempore. The gen- Black Coffman Donovan Cooper Gutie´rrez Lujan Grisham, Blum Cole Duffy Correa Hanabusa M. tleman will state his parliamentary in- Bost Collins (GA) Duncan (SC) Costa Hastings Luja´ n, Ben Ray quiry. Brady (TX) Collins (NY) Duncan (TN) Courtney Heck Lynch

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.036 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2311 Maloney, Peterson Sires Doyle, Michael Larson (CT) Raskin Newhouse Roskam Tiberi Carolyn B. Pingree Smith (WA) F. Lawrence Rice (NY) Noem Ross Tipton Maloney, Sean Pocan Soto Ellison Lawson (FL) Richmond Nunes Rothfus Trott Matsui Polis Speier Engel Lee Rosen Olson Rouzer Turner McCollum Price (NC) Suozzi Eshoo Levin Roybal-Allard Palazzo Royce (CA) Upton McEachin Quigley Swalwell (CA) Espaillat Lewis (GA) Ruiz Palmer Russell Valadao McGovern Raskin Takano Esty Lieu, Ted Ruppersberger Paulsen Rutherford Wagner McNerney Rice (NY) Thompson (CA) Evans Lipinski Ryan (OH) Pearce Sanford Walberg Meeks Richmond Perry Scalise Thompson (MS) Foster Loebsack Sa´ nchez Walden Meng Rosen Frankel (FL) Lofgren Pittenger Schweikert Titus Sarbanes Walker Moore Roybal-Allard Fudge Lowenthal Poe (TX) Scott, Austin Tonko Schakowsky Walorski Moulton Ruiz Gabbard Lowey Poliquin Sensenbrenner Torres Schiff Murphy (FL) Ruppersberger Gallego Lujan Grisham, Posey Sessions Walters, Mimi Vargas Schneider Nadler Ryan (OH) Garamendi M. Ratcliffe Shimkus Weber (TX) Veasey Schrader Napolitano Sa´ nchez Gonzalez (TX) Luja´ n, Ben Ray Reed Shuster Webster (FL) Vela Scott (VA) Neal Sarbanes Gottheimer Lynch Reichert Simpson Wenstrup ´ Scott, David Nolan Schakowsky Velazquez Renacci Smith (MO) Westerman Green, Al Maloney, Sean Serrano Norcross Schiff Visclosky Green, Gene Matsui Rice (SC) Smith (NE) Williams Sewell (AL) O’Halleran Schneider Walz Grijalva McCollum Roby Smith (NJ) Wilson (SC) Shea-Porter O’Rourke Schrader Wasserman Gutie´rrez McEachin Roe (TN) Smith (TX) Wittman Sherman Pallone Scott (VA) Schultz Hanabusa McGovern Rogers (AL) Smucker Womack Sires Panetta Scott, David Waters, Maxine Hastings McNerney Rogers (KY) Stefanik Woodall Smith (WA) Pascrell Serrano Watson Coleman Heck Meeks Rohrabacher Stewart Soto Yoder Pelosi Sewell (AL) Welch Higgins (NY) Meng Rokita Stivers Yoho Perlmutter Shea-Porter Wilson (FL) Himes Moore Speier Rooney, Francis Taylor Suozzi Young (AK) Peters Sherman Yarmuth Hoyer Moulton Rooney, Thomas Tenney Young (IA) Swalwell (CA) J. Huffman Murphy (FL) Thompson (PA) Zeldin ANSWERED ‘‘PRESENT’’—1 Jackson Lee Nadler Takano Ros-Lehtinen Thornberry Sanford Jayapal Napolitano Thompson (CA) Jeffries Neal Thompson (MS) NOT VOTING—7 NOT VOTING—9 Johnson (GA) Nolan Titus King (IA) Payne Slaughter Bishop (UT) Payne Sinema Johnson, E. B. Norcross Tonko Maloney, Rush Tsongas Blackburn Rush Slaughter Jones O’Halleran Torres Carolyn B. Sinema King (IA) Shuster Tsongas Kaptur O’Rourke Vargas Keating Pallone Veasey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Kelly (IL) Panetta Vela The SPEAKER pro tempore (during b 1336 ´ Kennedy Pascrell Velazquez the vote). There are 2 minutes remain- Mr. CRIST changed his vote from Khanna Pelosi Visclosky ing. ‘‘yea’’ to ‘‘nay.’’ Kihuen Perlmutter Walz Kildee Peters Wasserman Mr. HUNTER changed his vote from Kilmer Peterson Schultz b 1345 ‘‘nay’’ to ‘‘yea.’’ Kind Pingree Waters, Maxine So the motion to table was agreed to. Krishnamoorthi Pocan Watson Coleman Mr. KING of New York changed his Kuster (NH) Polis Welch vote from ‘‘yea’’ to ‘‘nay.’’ The result of the vote was announced Langevin Price (NC) Wilson (FL) as above recorded. Larsen (WA) Quigley Yarmuth Mr. MCEACHIN changed his vote A motion to reconsider was laid on from ‘‘nay’’ to ‘‘yea.’’ the table. NAYS—233 So the motion to recommit was re- Abraham Davis, Rodney Hurd jected. f Aderholt Denham Issa The result of the vote was announced Allen Dent Jenkins (KS) as above recorded. COMPETITIVE HEALTH INSURANCE Amash DeSantis Jenkins (WV) REFORM ACT OF 2017 Amodei DesJarlais Johnson (LA) The SPEAKER pro tempore. The Arrington Diaz-Balart Johnson (OH) question is on the passage of the bill. The SPEAKER pro tempore. The un- Babin Donovan Johnson, Sam The question was taken; and the finished business is the vote on the mo- Bacon Duffy Jordan Speaker pro tempore announced that tion to recommit on the bill (H.R. 372) Banks (IN) Duncan (SC) Joyce (OH) Barletta Duncan (TN) Katko the ayes appeared to have it. to restore the application of the Fed- Barr Dunn Kelly (MS) RECORDED VOTE eral antitrust laws to the business of Barton Emmer Kelly (PA) Mr. UPTON. Mr. Speaker, I demand a health insurance to protect competi- Bergman Farenthold King (NY) Biggs Faso Kinzinger recorded vote. tion and consumers, offered by the gen- Bilirakis Ferguson Knight A recorded vote was ordered. tlewoman from Nevada (Ms. ROSEN), on Bishop (MI) Fitzpatrick Kustoff (TN) The SPEAKER pro tempore. This is a which the yeas and nays were ordered. Bishop (UT) Fleischmann Labrador 5-minute vote. The Clerk will redesignate the mo- Black Flores LaHood Blackburn Fortenberry LaMalfa The vote was taken by electronic de- tion. Bost Foxx Lamborn vice, and there were—ayes 416, noes 7, The Clerk redesignated the motion. Brady (TX) Franks (AZ) Lance not voting 6, as follows: The SPEAKER pro tempore. The Brat Frelinghuysen Latta Bridenstine Gaetz Lewis (MN) [Roll No. 184] question is on the motion to recommit. Brooks (AL) Gallagher LoBiondo This is a 5-minute vote. Brooks (IN) Garrett Long AYES—416 The vote was taken by electronic de- Buchanan Gibbs Loudermilk Abraham Blackburn Carbajal vice, and there were—yeas 189, nays Buck Gohmert Love Adams Blum Ca´ rdenas Bucshon Goodlatte Lucas Aderholt Blumenauer Carson (IN) 233, not voting 7, as follows: Budd Gosar Luetkemeyer Aguilar Blunt Rochester Carter (GA) [Roll No. 183] Burgess Gowdy MacArthur Allen Bonamici Carter (TX) Byrne Granger Marchant Amash Bost Cartwright YEAS—189 Calvert Graves (GA) Marino Amodei Boyle, Brendan Castor (FL) Adams Capuano Costa Carter (GA) Graves (LA) Marshall Arrington F. Castro (TX) Aguilar Carbajal Courtney Carter (TX) Graves (MO) Massie Babin Brady (PA) Chabot Barraga´ n Ca´ rdenas Crist Chabot Griffith Mast Bacon Brady (TX) Chaffetz Bass Carson (IN) Crowley Chaffetz Grothman McCarthy Banks (IN) Brat Cheney Beatty Cartwright Cuellar Cheney Guthrie McCaul Barletta Bridenstine Chu, Judy Bera Castor (FL) Cummings Coffman Harper McClintock Barr Brooks (AL) Cicilline ´ Beyer Castro (TX) Davis (CA) Cole Harris McHenry Barragan Brooks (IN) Clark (MA) Bishop (GA) Chu, Judy Davis, Danny Collins (GA) Hartzler McKinley Barton Brown (MD) Clarke (NY) Blum Cicilline Collins (NY) Hensarling McMorris Bass Brownley (CA) Clay DeFazio Blumenauer Clark (MA) Comer Herrera Beutler Rodgers Beatty Buchanan Cleaver DeGette Blunt Rochester Clarke (NY) Comstock Hice, Jody B. McSally Bera Buck Clyburn Delaney Bonamici Clay Conaway Higgins (LA) Meadows Bergman Bucshon Coffman Boyle, Brendan Cleaver DeLauro Cook Hill Meehan Beyer Budd Cohen F. Clyburn DelBene Costello (PA) Holding Messer Biggs Burgess Cole Brady (PA) Cohen Demings Cramer Hollingsworth Mitchell Bilirakis Bustos Collins (GA) Brown (MD) Connolly DeSaulnier Crawford Hudson Moolenaar Bishop (GA) Butterfield Collins (NY) Brownley (CA) Conyers Deutch Culberson Huizenga Mooney (WV) Bishop (MI) Byrne Comer Bustos Cooper Dingell Curbelo (FL) Hultgren Mullin Bishop (UT) Calvert Comstock Butterfield Correa Doggett Davidson Hunter Murphy (PA) Black Capuano Conaway

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.013 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2312 CONGRESSIONAL RECORD — HOUSE March 22, 2017 Connolly Huffman Moulton Swalwell (CA) Valadao Webster (FL) Sec. 1. Short title; table of contents. Conyers Huizenga Mullin Takano Vargas Welch Sec. 2. Rules governing association health Cook Hultgren Murphy (FL) Taylor Veasey Wenstrup plans. Cooper Hunter Murphy (PA) Tenney Vela Westerman Sec. 3. Clarification of treatment of single em- Correa Hurd Nadler Thompson (CA) Vela´ zquez Williams Costa Issa Napolitano Thompson (MS) Visclosky Wilson (FL) ployer arrangements. Costello (PA) Jackson Lee Neal Thompson (PA) Wagner Wilson (SC) Sec. 4. Enforcement provisions relating to as- Courtney Jayapal Newhouse Thornberry Walberg Wittman sociation health plans. Cramer Jeffries Noem Tiberi Walden Womack Sec. 5. Cooperation between Federal and Crawford Jenkins (KS) Nolan Tipton Walker Woodall State authorities. Crist Jenkins (WV) Norcross Titus Walorski Yarmuth Sec. 6. Effective date and transitional and Crowley Johnson (GA) Nunes Tonko Walters, Mimi Yoder other rules. Cuellar Johnson (LA) O’Halleran Torres Walz Yoho SEC. 2. RULES GOVERNING ASSOCIATION Culberson Johnson (OH) O’Rourke Trott Wasserman Young (AK) HEALTH PLANS. Cummings Johnson, E. B. Olson Turner Schultz Young (IA) Curbelo (FL) Johnson, Sam Palazzo Upton Weber (TX) Zeldin (a) IN GENERAL.—Subtitle B of title I of the Employee Retirement Income Security Act of Davidson Jones Pallone NOES—7 Davis (CA) Jordan Palmer 1974 is amended by adding after part 7 the fol- Davis, Danny Joyce (OH) Panetta Fudge Heck Watson Coleman lowing new part: Gallego Smith (WA) Davis, Rodney Kaptur Pascrell ‘‘PART 8—RULES GOVERNING DeFazio Katko Paulsen Hastings Waters, Maxine ASSOCIATION HEALTH PLANS DeGette Keating Pearce NOT VOTING—6 Delaney Kelly (IL) Pelosi ‘‘SEC. 801. ASSOCIATION HEALTH PLANS. DeLauro Kelly (MS) Perlmutter King (IA) Rush Slaughter ‘‘(a) IN GENERAL.—For purposes of this part, DelBene Kelly (PA) Perry Payne Sinema Tsongas the term ‘association health plan’ means a Demings Kennedy Peters ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE group health plan whose sponsor is (or is Denham Khanna Peterson deemed under this part to be) described in sub- Dent Kihuen Pingree The SPEAKER pro tempore (during section (b). DeSantis Kildee Pittenger the vote). There are 2 minutes remain- ‘‘(b) SPONSORSHIP.—The sponsor of a group DeSaulnier Kilmer Pocan ing. DesJarlais Kind Poe (TX) health plan is described in this subsection if Deutch King (NY) Poliquin b 1352 such sponsor— Diaz-Balart Kinzinger Polis ‘‘(1) is organized and maintained in good Dingell Knight Posey Ms. ESHOO changed her vote from faith, with a constitution and bylaws specifi- Doggett Krishnamoorthi Price (NC) ‘‘no’’ to ‘‘aye.’’ cally stating its purpose and providing for peri- Donovan Kuster (NH) Quigley So the bill was passed. odic meetings on at least an annual basis, as a Doyle, Michael Kustoff (TN) Raskin The result of the vote was announced bona fide trade association, a bona fide industry F. Labrador Ratcliffe Duffy LaHood Reed as above recorded. association (including a rural electric coopera- Duncan (SC) LaMalfa Reichert A motion to reconsider was laid on tive association or a rural telephone cooperative Duncan (TN) Lamborn Renacci the table. association), a bona fide professional associa- Dunn Lance Rice (NY) Stated for: tion, or a bona fide chamber of commerce (or Ellison Langevin Rice (SC) Mr. HASTINGS. Mr. Speaker, during rollcall similar bona fide business association, including Emmer Larsen (WA) Richmond a corporation or similar organization that oper- Engel Larson (CT) Roby Vote number 184 on H.R. 372, I mistakenly ates on a cooperative basis (within the meaning Eshoo Latta Roe (TN) recorded my vote as ‘‘nay’’ when I should of section 1381 of the Internal Revenue Code of Espaillat Lawrence Rogers (AL) Esty Lawson (FL) Rogers (KY) have voted ‘‘yea.’’ 1986)), for substantial purposes other than that Evans Lee Rohrabacher Mr. GALLEGO. Mr. Speaker, I cast a vote in of obtaining or providing medical care; Farenthold Levin Rokita error. On the rollcall Vote No. 184, I had in- ‘‘(2) is established as a permanent entity Faso Lewis (GA) Rooney, Francis tended to vote in the follow manner: rollcall which receives the active support of its members Ferguson Lewis (MN) Rooney, Thomas and requires for membership payment on a peri- Fitzpatrick Lieu, Ted J. Vote No. 184—Competitive Health Insurance Reform Act of 2017—‘‘yes.’’ odic basis of dues or payments necessary to Fleischmann Lipinski Ros-Lehtinen maintain eligibility for membership in the spon- Flores LoBiondo Rosen f Fortenberry Loebsack Roskam sor; and Foster Lofgren Ross SMALL BUSINESS HEALTH ‘‘(3) does not condition membership, such dues Foxx Long Rothfus FAIRNESS ACT OF 2017 or payments, or coverage under the plan on the Frankel (FL) Loudermilk Rouzer basis of health status-related factors with re- Franks (AZ) Love Roybal-Allard Ms. FOXX. Mr. Speaker, pursuant to spect to the employees of its members (or affili- Frelinghuysen Lowenthal Royce (CA) House Resolution 210, I call up the bill ated members), or the dependents of such em- Gabbard Lowey Ruiz ployees, and does not condition such dues or Gaetz Lucas Ruppersberger (H.R. 1101) to amend title I of the Em- Gallagher Luetkemeyer Russell ployee Retirement Income Security payments on the basis of group health plan par- Garamendi Lujan Grisham, Rutherford Act of 1974 to improve access and ticipation. Any sponsor consisting of an association of enti- Garrett M. Ryan (OH) choice for entrepreneurs with small Gibbs Luja´ n, Ben Ray Sa´ nchez ties which meet the requirements of paragraphs Gohmert Lynch Sanford businesses with respect to medical care (1), (2), and (3) shall be deemed to be a sponsor Gonzalez (TX) MacArthur Sarbanes for their employees, and ask for its im- described in this subsection. Goodlatte Maloney, Scalise mediate consideration. ‘‘SEC. 802. CERTIFICATION OF ASSOCIATION Gosar Carolyn B. Schakowsky HEALTH PLANS. Gottheimer Maloney, Sean Schiff The Clerk read the title of the bill. Gowdy Marchant Schneider The SPEAKER pro tempore. Pursu- ‘‘(a) IN GENERAL.—The applicable authority Granger Marino Schrader ant to House Resolution 210, in lieu of shall prescribe by regulation a procedure under Graves (GA) Marshall Schweikert the amendment recommended by the which, subject to subsection (b), the applicable Graves (LA) Massie Scott (VA) Committee on Education and the authority shall certify association health plans Graves (MO) Mast Scott, Austin which apply for certification as meeting the re- Green, Al Matsui Scott, David Workforce printed in the bill, an quirements of this part. Green, Gene McCarthy Sensenbrenner amendment in the nature of a sub- Griffith McCaul Serrano ‘‘(b) STANDARDS.—Under the procedure pre- Grijalva McClintock Sessions stitute consisting of the text of Rules scribed pursuant to subsection (a), in the case of Grothman McCollum Sewell (AL) Committee Print 115–9 is adopted and an association health plan that provides at least Guthrie McEachin Shea-Porter the bill, as amended, is considered one benefit option which does not consist of Gutie´rrez McGovern Sherman read. health insurance coverage, the applicable au- Hanabusa McHenry Shimkus The text of the bill, as amended, is as thority shall certify such plan as meeting the re- Harper McKinley Shuster quirements of this part only if the applicable Harris McMorris Simpson follows: authority is satisfied that the applicable re- Hartzler Rodgers Sires H.R. 1101 Hensarling McNerney Smith (MO) quirements of this part are met (or, upon the Herrera Beutler McSally Smith (NE) Be it enacted by the Senate and House of Rep- date on which the plan is to commence oper- Hice, Jody B. Meadows Smith (NJ) resentatives of the United States of America in ations, will be met) with respect to the plan. Higgins (LA) Meehan Smith (TX) Congress assembled, ‘‘(c) REQUIREMENTS APPLICABLE TO CERTIFIED Higgins (NY) Meeks Smucker SECTION 1. SHORT TITLE; TABLE OF CONTENTS. PLANS.—An association health plan with respect Hill Meng Soto (a) SHORT TITLE.—This Act may be cited as to which certification under this part is in effect Himes Messer Speier Holding Mitchell Stefanik the ‘‘Small Business Health Fairness Act of shall meet the applicable requirements of this Hollingsworth Moolenaar Stewart 2017’’. part, effective on the date of certification (or, if Hoyer Mooney (WV) Stivers (b) TABLE OF CONTENTS.—The table of con- later, on the date on which the plan is to com- Hudson Moore Suozzi tents for this Act is as follows: mence operations).

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 6333 E:\CR\FM\A22MR7.015 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2313

‘‘(d) REQUIREMENTS FOR CONTINUED CERTIFI- owner, officer, director, or employee of, or part- ‘‘(2) during the 12-month period preceding the CATION.—The applicable authority may provide ner in, a contract administrator or other service date of the offering of such coverage, the affili- by regulation for continued certification of asso- provider to the plan. ated member has not maintained or contributed ciation health plans under this part. ‘‘(II) LIMITED EXCEPTION FOR PROVIDERS OF to a group health plan with respect to any of its ‘‘(e) CLASS CERTIFICATION FOR FULLY INSURED SERVICES SOLELY ON BEHALF OF THE SPONSOR.— employees who would otherwise be eligible to PLANS.—The applicable authority shall estab- Officers or employees of a sponsor which is a participate in such association health plan. lish a class certification procedure for associa- service provider (other than a contract adminis- ‘‘(c) INDIVIDUAL MARKET UNAFFECTED.—The tion health plans under which all benefits con- trator) to the plan may be members of the board requirements of this subsection are met with resist of health insurance coverage. Under such if they constitute not more than 25 percent of spect to an association health plan if, under the procedure, the applicable authority shall pro- the membership of the board and they do not terms of the plan, no participating employer vide for the granting of certification under this provide services to the plan other than on behalf may provide health insurance coverage in the part to the plans in each class of such associa- of the sponsor. individual market for any employee not covered tion health plans upon appropriate filing under ‘‘(III) TREATMENT OF PROVIDERS OF MEDICAL under the plan which is similar to the coverage such procedure in connection with plans in such CARE.—In the case of a sponsor which is an as- contemporaneously provided to employees of the class and payment of the prescribed fee under sociation whose membership consists primarily employer under the plan, if such exclusion of section 807(a). of providers of medical care, subclause (I) shall the employee from coverage under the plan is ‘‘(f) CERTIFICATION OF SELF-INSURED ASSOCIA- not apply in the case of any service provider de- based on a health status-related factor with re- TION HEALTH PLANS.—An association health scribed in subclause (I) who is a provider of spect to the employee and such employee would, plan which offers one or more benefit options medical care under the plan. but for such exclusion on such basis, be eligible which do not consist of health insurance cov- ‘‘(iii) CERTAIN PLANS EXCLUDED.—Clause (i) for coverage under the plan. erage may be certified under this part only if shall not apply to an association health plan ‘‘(d) PROHIBITION OF DISCRIMINATION AGAINST such plan consists of any of the following: which is in existence on the date of the enact- EMPLOYERS AND EMPLOYEES ELIGIBLE TO PAR- ‘‘(1) A plan which offered such coverage on ment of the Small Business Health Fairness Act TICIPATE.—The requirements of this subsection the date of the enactment of the Small Business of 2017. are met with respect to an association health Health Fairness Act of 2017. ‘‘(B) SOLE AUTHORITY.—The board has sole plan if— ‘‘(2) A plan under which the sponsor does not ‘‘(1) under the terms of the plan, all employers restrict membership to one or more trades and authority under the plan to approve applica- meeting the preceding requirements of this sec- businesses or industries and whose eligible par- tions for participation in the plan and to con- tion are eligible to qualify as participating em- ticipating employers represent a broad cross-sec- tract with a service provider to administer the ployers for all geographically available coverage tion of trades and businesses or industries. day-to-day affairs of the plan. ‘‘(3) A plan whose eligible participating em- ‘‘(c) TREATMENT OF FRANCHISE NETWORKS.— options, unless, in the case of any such employers represent one or more trades or busi- In the case of a group health plan which is es- ployer, participation or contribution require- nesses, or one or more industries, consisting of tablished and maintained by a franchiser for a ments of the type referred to in section 2711 of any of the following: agriculture; equipment franchise network consisting of its franchisees— the Public Health Service Act are not met; and automobile dealerships; barbering and cos- ‘‘(1) the requirements of subsection (a) and ‘‘(2) upon request, any employer eligible to metology; certified public accounting practices; section 801(a) shall be deemed met if such re- participate is furnished information regarding child care; construction; dance, theatrical and quirements would otherwise be met if the fran- all coverage options available under the plan; orchestra productions; disinfecting and pest chiser were deemed to be the sponsor referred to and control; financial services; fishing; food service in section 801(b), such network were deemed to ‘‘(3) the applicable requirements of sections establishments; hospitals; labor organizations; be an association described in section 801(b), 701, 702, and 703 are met with respect to the logging; manufacturing (metals); mining; med- and each franchisee were deemed to be a mem- plan. ical and dental practices; medical laboratories; ber (of the association and the sponsor) referred ‘‘SEC. 805. OTHER REQUIREMENTS RELATING TO professional consulting services; sanitary serv- to in section 801(b); and PLAN DOCUMENTS, CONTRIBUTION RATES, AND BENEFIT OPTIONS. ices; transportation (local and freight); ‘‘(2) the requirements of section 804(a)(1) shall ‘‘(a) IN GENERAL.—The requirements of this warehousing; wholesaling/distributing; or any be deemed met. section are met with respect to an association other trade or business or industry which has The Secretary may by regulation define for pur- health plan if the following requirements are been indicated as having average or above-aver- poses of this subsection the terms ‘franchiser’, met: age risk or health claims experience by reason of ‘franchise network’, and ‘franchisee’. ‘‘(1) CONTENTS OF GOVERNING INSTRUMENTS.— State rate filings, denials of coverage, proposed ‘‘SEC. 804. PARTICIPATION AND COVERAGE RE- The instruments governing the plan include a premium rate levels, or other means dem- QUIREMENTS. written instrument, meeting the requirements of onstrated by such plan in accordance with regu- ‘‘(a) COVERED EMPLOYERS AND INDIVIDUALS.— an instrument required under section 402(a)(1), lations. The requirements of this subsection are met with which— ‘‘SEC. 803. REQUIREMENTS RELATING TO SPON- respect to an association health plan if, under ‘‘(A) provides that the board of trustees serves SORS AND BOARDS OF TRUSTEES. the terms of the plan— as the named fiduciary required for plans under ‘‘(a) SPONSOR.—The requirements of this sub- ‘‘(1) each participating employer must be— section 402(a)(1) and serves in the capacity of a section are met with respect to an association ‘‘(A) a member of the sponsor, plan administrator (referred to in section health plan if the sponsor has met (or is deemed ‘‘(B) the sponsor, or 3(16)(A)); under this part to have met) the requirements of ‘‘(C) an affiliated member of the sponsor with ‘‘(B) provides that the sponsor of the plan is section 801(b) for a continuous period of not less respect to which the requirements of subsection to serve as plan sponsor (referred to in section than 3 years ending with the date of the appli- (b) are met, 3(16)(B)); and cation for certification under this part. except that, in the case of a sponsor which is a ‘‘(C) incorporates the requirements of section ‘‘(b) BOARD OF TRUSTEES.—The requirements professional association or other individual- 806. of this subsection are met with respect to an as- based association, if at least one of the officers, ‘‘(2) CONTRIBUTION RATES MUST BE NON- sociation health plan if the following require- directors, or employees of an employer, or at DISCRIMINATORY.— ments are met: least one of the individuals who are partners in ‘‘(A) The contribution rates for any partici- ‘‘(1) FISCAL CONTROL.—The plan is operated, an employer and who actively participates in pating small employer do not vary on the basis pursuant to a trust agreement, by a board of the business, is a member or such an affiliated of any health status-related factor in relation to trustees which has complete fiscal control over member of the sponsor, participating employers employees of such employer or their bene- the plan and which is responsible for all oper- may also include such employer; and ficiaries and do not vary on the basis of the type ations of the plan. ‘‘(2) all individuals commencing coverage of business or industry in which such employer ‘‘(2) RULES OF OPERATION AND FINANCIAL CON- under the plan after certification under this is engaged. TROLS.—The board of trustees has in effect rules part must be— of operation and financial controls, based on a ‘‘(B) Nothing in this title or any other provi- ‘‘(A) active or retired owners (including self- 3-year plan of operation, adequate to carry out sion of law shall be construed to preclude an as- employed individuals), officers, directors, or em- the terms of the plan and to meet all require- sociation health plan, or a health insurance ployees of, or partners in, participating employ- ments of this title applicable to the plan. issuer offering health insurance coverage in ‘‘(3) RULES GOVERNING RELATIONSHIP TO PAR- ers; or connection with an association health plan, TICIPATING EMPLOYERS AND TO CONTRACTORS.— ‘‘(B) the beneficiaries of individuals described from— ‘‘(A) BOARD MEMBERSHIP.— in subparagraph (A). ‘‘(i) setting contribution rates based on the ‘‘(i) IN GENERAL.—Except as provided in ‘‘(b) COVERAGE OF PREVIOUSLY UNINSURED claims experience of the plan; or clauses (ii) and (iii), the members of the board of EMPLOYEES.—In the case of an association ‘‘(ii) varying contribution rates for small em- trustees are individuals selected from individ- health plan in existence on the date of the en- ployers in a State to the extent that such rates uals who are the owners, officers, directors, or actment of the Small Business Health Fairness could vary using the same methodology em- employees of the participating employers or who Act of 2017, an affiliated member of the sponsor ployed in such State for regulating premium are partners in the participating employers and of the plan may be offered coverage under the rates in the small group market with respect to actively participate in the business. plan as a participating employer only if— health insurance coverage offered in connection ‘‘(ii) LIMITATION.— ‘‘(1) the affiliated member was an affiliated with bona fide associations (within the meaning ‘‘(I) GENERAL RULE.—Except as provided in member on the date of certification under this of section 2791(d)(3) of the Public Health Service subclauses (II) and (III), no such member is an part; or Act),

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 6333 E:\CR\FM\A22MR7.017 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2314 CONGRESSIONAL RECORD — HOUSE March 22, 2017

subject to the requirements of section 702(b) re- of expected gross annual claims. The applicable ‘‘(f) MEASURES TO ENSURE CONTINUED PAY- lating to contribution rates. authority may by regulation provide for upward MENT OF BENEFITS BY CERTAIN PLANS IN DIS- ‘‘(3) FLOOR FOR NUMBER OF COVERED INDIVID- adjustments in the amount of such percentage TRESS.— UALS WITH RESPECT TO CERTAIN PLANS.—If any in specified circumstances in which the plan ‘‘(1) PAYMENTS BY CERTAIN PLANS TO ASSOCIA- benefit option under the plan does not consist of specifically provides for and maintains reserves TION HEALTH PLAN FUND.— health insurance coverage, the plan has as of in excess of the amounts required under sub- ‘‘(A) IN GENERAL.—In the case of an associa- the beginning of the plan year not fewer than paragraph (A). tion health plan described in subsection (a)(2), 1,000 participants and beneficiaries. ‘‘(ii) The plan shall secure specific excess/stop the requirements of this subsection are met if the ‘‘(4) MARKETING REQUIREMENTS.— loss insurance for the plan with an attachment plan makes payments into the Association ‘‘(A) IN GENERAL.—If a benefit option which point which is at least equal to an amount rec- Health Plan Fund under this subparagraph consists of health insurance coverage is offered ommended by the plan’s qualified actuary. The when they are due. Such payments shall consist under the plan, State-licensed insurance agents applicable authority may by regulation provide of annual payments in the amount of $5,000, shall be used to distribute to small employers for adjustments in the amount of such insur- and, in addition to such annual payments, such coverage which does not consist of health insurance in specified circumstances in which the supplemental payments as the Secretary may ance coverage in a manner comparable to the plan specifically provides for and maintains re- determine to be necessary under paragraph (2). manner in which such agents are used to dis- serves in excess of the amounts required under Payments under this paragraph are payable to tribute health insurance coverage. subparagraph (A). the Fund at the time determined by the Sec- ‘‘(B) STATE-LICENSED INSURANCE AGENTS.—For ‘‘(iii) The plan shall secure indemnification retary. Initial payments are due in advance of purposes of subparagraph (A), the term ‘State- insurance for any claims which the plan is un- certification under this part. Payments shall licensed insurance agents’ means one or more able to satisfy by reason of a plan termination. continue to accrue until a plan’s assets are distributed pursuant to a termination procedure. agents who are licensed in a State and are sub- Any person issuing to a plan insurance de- ject to the laws of such State relating to licen- ‘‘(B) PENALTIES FOR FAILURE TO MAKE PAY- scribed in clause (i), (ii), or (iii) of subparagraph MENTS.—If any payment is not made by a plan sure, qualification, testing, examination, and (B) shall notify the Secretary of any failure of continuing education of persons authorized to when it is due, a late payment charge of not premium payment meriting cancellation of the more than 100 percent of the payment which offer, sell, or solicit health insurance coverage policy prior to undertaking such a cancellation. in such State. was not timely paid shall be payable by the plan Any regulations prescribed by the applicable au- to the Fund. ‘‘(5) REGULATORY REQUIREMENTS.—Such other thority pursuant to clause (i) or (ii) of subpara- ‘‘(C) CONTINUED DUTY OF THE SECRETARY.— requirements as the applicable authority deter- graph (B) may allow for such adjustments in The Secretary shall not cease to carry out the mines are necessary to carry out the purposes of the required levels of excess/stop loss insurance provisions of paragraph (2) on account of the this part, which shall be prescribed by the appli- as the qualified actuary may recommend, taking failure of a plan to pay any payment when due. cable authority by regulation. into account the specific circumstances of the ‘‘(2) PAYMENTS BY SECRETARY TO CONTINUE ‘‘(b) ABILITY OF ASSOCIATION HEALTH PLANS plan. EXCESS/STOP LOSS INSURANCE COVERAGE AND IN- TO DESIGN BENEFIT OPTIONS.—Subject to sec- ‘‘(b) MINIMUM SURPLUS IN ADDITION TO DEMNIFICATION INSURANCE COVERAGE FOR CER- tion 514(d), nothing in this part or any provi- CLAIMS RESERVES.—In the case of any associa- TAIN PLANS.—In any case in which the applica- sion of State law (as defined in section 514(c)(1)) tion health plan described in subsection (a)(2), ble authority determines that there is, or that shall be construed to preclude an association the requirements of this subsection are met if the there is reason to believe that there will be: (A) health plan, or a health insurance issuer offer- plan establishes and maintains surplus in an A failure to take necessary corrective actions ing health insurance coverage in connection amount at least equal to— under section 809(a) with respect to an associa- with an association health plan, from exercising ‘‘(1) $500,000, or tion health plan described in subsection (a)(2); its sole discretion in selecting the specific items ‘‘(2) such greater amount (but not greater or (B) a termination of such a plan under sec- and services consisting of medical care to be in- than $2,000,000) as may be set forth in regulation 809(b) or 810(b)(8) (and, if the applicable cluded as benefits under such plan or coverage, tions prescribed by the applicable authority, authority is not the Secretary, certifies such de- except (subject to section 514) in the case of (1) considering the level of aggregate and specific termination to the Secretary), the Secretary any law to the extent that it is not preempted excess/stop loss insurance provided with respect shall determine the amounts necessary to make under section 731(a)(1) with respect to matters to such plan and other factors related to sol- payments to an insurer (designated by the Sec- governed by section 711, 712, or 713, or (2) any vency risk, such as the plan’s projected levels of retary) to maintain in force excess/stop loss in- law of the State with which filing and approval participation or claims, the nature of the plan’s surance coverage or indemnification insurance of a policy type offered by the plan was initially liabilities, and the types of assets available to coverage for such plan, if the Secretary deter- obtained to the extent that such law prohibits assure that such liabilities are met. mines that there is a reasonable expectation an exclusion of a specific disease from such cov- ‘‘(c) ADDITIONAL REQUIREMENTS.—In the case that, without such payments, claims would not erage. of any association health plan described in sub- be satisfied by reason of termination of such ‘‘SEC. 806. MAINTENANCE OF RESERVES AND PRO- section (a)(2), the applicable authority may pro- coverage. The Secretary shall, to the extent pro- VISIONS FOR SOLVENCY FOR PLANS vide such additional requirements relating to re- vided in advance in appropriation Acts, pay PROVIDING HEALTH BENEFITS IN such amounts so determined to the insurer des- ADDITION TO HEALTH INSURANCE serves, excess/stop loss insurance, and indem- COVERAGE. nification insurance as the applicable authority ignated by the Secretary. ‘‘(3) ASSOCIATION HEALTH PLAN FUND.— N ENERAL considers appropriate. Such requirements may ‘‘(a) I G .—The requirements of this ‘‘(A) IN GENERAL.—There is established on the section are met with respect to an association be provided by regulation with respect to any such plan or any class of such plans. books of the Treasury a fund to be known as the health plan if— ‘Association Health Plan Fund’. The Fund shall ‘‘(d) ADJUSTMENTS FOR EXCESS/STOP LOSS IN- ‘‘(1) the benefits under the plan consist solely be available for making payments pursuant to of health insurance coverage; or SURANCE.—The applicable authority may provide for adjustments to the levels of reserves oth- paragraph (2). The Fund shall be credited with ‘‘(2) if the plan provides any additional ben- payments received pursuant to paragraph efit options which do not consist of health in- erwise required under subsections (a) and (b) with respect to any plan or class of plans to (1)(A), penalties received pursuant to paragraph surance coverage, the plan— (1)(B); and earnings on investments of amounts ‘‘(A) establishes and maintains reserves with take into account excess/stop loss insurance provided with respect to such plan or plans. of the Fund under subparagraph (B). respect to such additional benefit options, in ‘‘(B) INVESTMENT.—Whenever the Secretary ‘‘(e) ALTERNATIVE MEANS OF COMPLIANCE.— amounts recommended by the qualified actuary, determines that the moneys of the fund are in The applicable authority may permit an associa- consisting of— excess of current needs, the Secretary may re- tion health plan described in subsection (a)(2) to ‘‘(i) a reserve sufficient for unearned con- quest the investment of such amounts as the substitute, for all or part of the requirements of tributions; Secretary determines advisable by the Secretary this section (except subsection (a)(2)(B)(iii)), ‘‘(ii) a reserve sufficient for benefit liabilities of the Treasury in obligations issued or guaran- such security, guarantee, hold-harmless ar- which have been incurred, which have not been teed by the United States. rangement, or other financial arrangement as satisfied, and for which risk of loss has not yet ‘‘(g) EXCESS/STOP LOSS INSURANCE.—For pur- been transferred, and for expected administra- the applicable authority determines to be ade- poses of this section— tive costs with respect to such benefit liabilities; quate to enable the plan to fully meet all its fi- ‘‘(1) AGGREGATE EXCESS/STOP LOSS INSUR- ‘‘(iii) a reserve sufficient for any other obliga- nancial obligations on a timely basis and is oth- ANCE.—The term ‘aggregate excess/stop loss in- tions of the plan; and erwise no less protective of the interests of par- surance’ means, in connection with an associa- ‘‘(iv) a reserve sufficient for a margin of error ticipants and beneficiaries than the require- tion health plan, a contract— and other fluctuations, taking into account the ments for which it is substituted. The applicable ‘‘(A) under which an insurer (meeting such specific circumstances of the plan; and authority may take into account, for purposes minimum standards as the applicable authority ‘‘(B) establishes and maintains aggregate and of this subsection, evidence provided by the plan may prescribe by regulation) provides for pay- specific excess/stop loss insurance and solvency or sponsor which demonstrates an assumption of ment to the plan with respect to aggregate indemnification, with respect to such additional liability with respect to the plan. Such evidence claims under the plan in excess of an amount or benefit options for which risk of loss has not yet may be in the form of a contract of indemnifica- amounts specified in such contract; been transferred, as follows: tion, lien, bonding, insurance, letter of credit, ‘‘(B) which is guaranteed renewable; and ‘‘(i) The plan shall secure aggregate excess/ recourse under applicable terms of the plan in ‘‘(C) which allows for payment of premiums stop loss insurance for the plan with an attach- the form of assessments of participating employ- by any third party on behalf of the insured ment point which is not greater than 125 percent ers, security, or other financial arrangement. plan.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 6333 E:\CR\FM\A22MR7.017 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2315

‘‘(2) SPECIFIC EXCESS/STOP LOSS INSURANCE.— ‘‘(A) the sponsor; and cation under this part shall be filed in such form The term ‘specific excess/stop loss insurance’ ‘‘(B) the members of the board of trustees of and manner as shall be prescribed by the appli- means, in connection with an association health the plan. cable authority by regulation. The applicable plan, a contract— ‘‘(2) STATES IN WHICH PLAN INTENDS TO DO authority may require by regulation prior notice ‘‘(A) under which an insurer (meeting such BUSINESS.—The States in which participants of material changes with respect to specified minimum standards as the applicable authority and beneficiaries under the plan are to be lo- matters which might serve as the basis for sus- may prescribe by regulation) provides for pay- cated and the number of them expected to be lo- pension or revocation of the certification. ment to the plan with respect to claims under cated in each such State. ‘‘(e) REPORTING REQUIREMENTS FOR CERTAIN the plan in connection with a covered indi- ‘‘(3) BONDING REQUIREMENTS.—Evidence pro- ASSOCIATION HEALTH PLANS.—An association vidual in excess of an amount or amounts speci- vided by the board of trustees that the bonding health plan certified under this part which pro- fied in such contract in connection with such requirements of section 412 will be met as of the vides benefit options in addition to health insur- covered individual; date of the application or (if later) commence- ance coverage for such plan year shall meet the ‘‘(B) which is guaranteed renewable; and ment of operations. requirements of section 103 by filing an annual ‘‘(C) which allows for payment of premiums ‘‘(4) PLAN DOCUMENTS.—A copy of the docu- report under such section which shall include by any third party on behalf of the insured ments governing the plan (including any bylaws information described in subsection (b)(6) with plan. and trust agreements), the summary plan de- respect to the plan year and, notwithstanding ‘‘(h) INDEMNIFICATION INSURANCE.—For pur- scription, and other material describing the ben- section 104(a)(1)(A), shall be filed with the ap- poses of this section, the term ‘indemnification efits that will be provided to participants and plicable authority not later than 90 days after insurance’ means, in connection with an asso- beneficiaries under the plan. the close of the plan year (or on such later date ciation health plan, a contract— ‘‘(5) AGREEMENTS WITH SERVICE PROVIDERS.— as may be prescribed by the applicable author- ‘‘(1) under which an insurer (meeting such A copy of any agreements between the plan and ity). The applicable authority may require by minimum standards as the applicable authority contract administrators and other service pro- regulation such interim reports as it considers may prescribe by regulation) provides for pay- viders. appropriate. ment to the plan with respect to claims under ‘‘(6) FUNDING REPORT.—In the case of associa- ‘‘(f) ENGAGEMENT OF QUALIFIED ACTUARY.— the plan which the plan is unable to satisfy by tion health plans providing benefits options in The board of trustees of each association health reason of a termination pursuant to section addition to health insurance coverage, a report plan which provides benefits options in addition 809(b) (relating to mandatory termination); setting forth information with respect to such to health insurance coverage and which is ap- ‘‘(2) which is guaranteed renewable and additional benefit options determined as of a plying for certification under this part or is cer- noncancellable for any reason (except as the ap- date within the 120-day period ending with the tified under this part shall engage, on behalf of plicable authority may prescribe by regulation); date of the application, including the following: all participants and beneficiaries, a qualified and ‘‘(A) RESERVES.—A statement, certified by the actuary who shall be responsible for the prepa- ‘‘(3) which allows for payment of premiums by board of trustees of the plan, and a statement of any third party on behalf of the insured plan. ration of the materials comprising information actuarial opinion, signed by a qualified actu- necessary to be submitted by a qualified actuary ‘‘(i) RESERVES.—For purposes of this section, ary, that all applicable requirements of section the term ‘reserves’ means, in connection with an under this part. The qualified actuary shall uti- 806 are or will be met in accordance with regula- lize such assumptions and techniques as are association health plan, plan assets which meet tions which the applicable authority shall pre- the fiduciary standards under part 4 and such necessary to enable such actuary to form an scribe. opinion as to whether the contents of the mat- additional requirements regarding liquidity as ‘‘(B) ADEQUACY OF CONTRIBUTION RATES.—A ters reported under this part— the applicable authority may prescribe by regu- statement of actuarial opinion, signed by a lation. ‘‘(1) are in the aggregate reasonably related to qualified actuary, which sets forth a description the experience of the plan and to reasonable ex- ‘‘(j) SOLVENCY STANDARDS WORKING GROUP.— of the extent to which contribution rates are ‘‘(1) IN GENERAL.—Within 90 days after the pectations; and adequate to provide for the payment of all obli- ‘‘(2) represent such actuary’s best estimate of date of the enactment of the Small Business gations and the maintenance of required re- Health Fairness Act of 2017, the applicable au- anticipated experience under the plan. serves under the plan for the 12-month period The opinion by the qualified actuary shall be thority shall establish a Solvency Standards beginning with such date within such 120-day Working Group. In prescribing the initial regu- made with respect to, and shall be made a part period, taking into account the expected cov- of, the annual report. lations under this section, the applicable au- erage and experience of the plan. If the con- thority shall take into account the recommenda- ‘‘SEC. 808. NOTICE REQUIREMENTS FOR VOL- tribution rates are not fully adequate, the state- UNTARY TERMINATION. tions of such Working Group. ment of actuarial opinion shall indicate the ex- ‘‘(2) MEMBERSHIP.—The Working Group shall ‘‘Except as provided in section 809(b), an asso- tent to which the rates are inadequate and the consist of not more than 15 members appointed ciation health plan which is or has been cer- changes needed to ensure adequacy. by the applicable authority. The applicable au- tified under this part may terminate (upon or at ‘‘(C) CURRENT AND PROJECTED VALUE OF AS- thority shall include among persons invited to any time after cessation of accruals in benefit li- SETS AND LIABILITIES.—A statement of actuarial membership on the Working Group at least one abilities) only if the board of trustees, not less opinion signed by a qualified actuary, which of each of the following: than 60 days before the proposed termination sets forth the current value of the assets and li- ‘‘(A) A representative of the National Associa- date— abilities accumulated under the plan and a pro- tion of Insurance Commissioners. ‘‘(1) provides to the participants and bene- jection of the assets, liabilities, income, and ex- ‘‘(B) A representative of the American Acad- ficiaries a written notice of intent to terminate penses of the plan for the 12-month period re- emy of Actuaries. stating that such termination is intended and ferred to in subparagraph (B). The income state- ‘‘(C) A representative of the State govern- the proposed termination date; ment shall identify separately the plan’s admin- ments, or their interests. ‘‘(2) develops a plan for winding up the af- istrative expenses and claims. ‘‘(D) A representative of existing self-insured fairs of the plan in connection with such termi- ‘‘(D) COSTS OF COVERAGE TO BE CHARGED AND arrangements, or their interests. nation in a manner which will result in timely OTHER EXPENSES.—A statement of the costs of ‘‘(E) A representative of associations of the payment of all benefits for which the plan is ob- coverage to be charged, including an itemization type referred to in section 801(b)(1), or their in- ligated; and of amounts for administration, reserves, and terests. ‘‘(3) submits such plan in writing to the appli- other expenses associated with the operation of ‘‘(F) A representative of multiemployer plans cable authority. that are group health plans, or their interests. the plan. Actions required under this section shall be ‘‘SEC. 807. REQUIREMENTS FOR APPLICATION ‘‘(E) OTHER INFORMATION.—Any other infor- AND RELATED REQUIREMENTS. mation as may be determined by the applicable taken in such form and manner as may be pre- ‘‘(a) FILING FEE.—Under the procedure pre- authority, by regulation, as necessary to carry scribed by the applicable authority by regula- scribed pursuant to section 802(a), an associa- out the purposes of this part. tion. tion health plan shall pay to the applicable au- ‘‘(c) FILING NOTICE OF CERTIFICATION WITH ‘‘SEC. 809. CORRECTIVE ACTIONS AND MANDA- thority at the time of filing an application for STATES.—A certification granted under this part TORY TERMINATION. certification under this part a filing fee in the to an association health plan shall not be effec- ‘‘(a) ACTIONS TO AVOID DEPLETION OF RE- amount of $5,000, which shall be available in the tive unless written notice of such certification is SERVES.—An association health plan which is case of the Secretary, to the extent provided in filed with the applicable State authority of each certified under this part and which provides appropriation Acts, for the sole purpose of ad- State in which at least 25 percent of the partici- benefits other than health insurance coverage ministering the certification procedures applica- pants and beneficiaries under the plan are lo- shall continue to meet the requirements of sec- ble with respect to association health plans. cated. For purposes of this subsection, an indi- tion 806, irrespective of whether such certifi- ‘‘(b) INFORMATION TO BE INCLUDED IN APPLI- vidual shall be considered to be located in the cation continues in effect. The board of trustees CATION FOR CERTIFICATION.—An application for State in which a known address of such indi- of such plan shall determine quarterly whether certification under this part meets the require- vidual is located or in which such individual is the requirements of section 806 are met. In any ments of this section only if it includes, in a employed. case in which the board determines that there is manner and form which shall be prescribed by ‘‘(d) NOTICE OF MATERIAL CHANGES.—In the reason to believe that there is or will be a failure the applicable authority by regulation, at least case of any association health plan certified to meet such requirements, or the applicable au- the following information: under this part, descriptions of material changes thority makes such a determination and so noti- ‘‘(1) IDENTIFYING INFORMATION.—The names in any information which was required to be fies the board, the board shall immediately no- and addresses of— submitted with the application for the certifi- tify the qualified actuary engaged by the plan,

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\A22MR7.017 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2316 CONGRESSIONAL RECORD — HOUSE March 22, 2017 and such actuary shall, not later than the end sions of the plan, regulations prescribed by the business or where any asset of the plan is situ- of the next following month, make such rec- Secretary, and applicable provisions of law; ated. A district court in which such action is ommendations to the board for corrective action ‘‘(4) to require the sponsor, the plan adminis- brought may issue process with respect to such as the actuary determines necessary to ensure trator, any participating employer, and any em- action in any other judicial district. compliance with section 806. Not later than 30 ployee organization representing plan partici- ‘‘(g) PERSONNEL.—In accordance with regula- days after receiving from the actuary rec- pants to furnish any information with respect to tions which shall be prescribed by the Secretary, ommendations for corrective actions, the board the plan which the Secretary as trustee may the Secretary shall appoint, retain, and com- shall notify the applicable authority (in such reasonably need in order to administer the plan; pensate accountants, actuaries, and other pro- form and manner as the applicable authority ‘‘(5) to collect for the plan any amounts due fessional service personnel as may be necessary may prescribe by regulation) of such rec- the plan and to recover reasonable expenses of in connection with the Secretary’s service as ommendations of the actuary for corrective ac- the trusteeship; trustee under this section. tion, together with a description of the actions ‘‘(6) to commence, prosecute, or defend on be- ‘‘SEC. 811. STATE ASSESSMENT AUTHORITY. (if any) that the board has taken or plans to half of the plan any suit or proceeding involv- ‘‘(a) IN GENERAL.—Notwithstanding section take in response to such recommendations. The ing the plan; 514, a State may impose by law a contribution board shall thereafter report to the applicable ‘‘(7) to issue, publish, or file such notices, tax on an association health plan described in authority, in such form and frequency as the statements, and reports as may be required by section 806(a)(2), if the plan commenced oper- applicable authority may specify to the board, the Secretary by regulation or required by any ations in such State after the date of the enact- regarding corrective action taken by the board order of the court; ment of the Small Business Health Fairness Act until the requirements of section 806 are met. ‘‘(8) to terminate the plan (or provide for its of 2017. ‘‘(b) MANDATORY TERMINATION.—In any case termination in accordance with section 809(b)) ‘‘(b) CONTRIBUTION TAX.—For purposes of this in which— and liquidate the plan assets, to restore the plan section, the term ‘contribution tax’ imposed by a ‘‘(1) the applicable authority has been notified to the responsibility of the sponsor, or to con- State on an association health plan means any under subsection (a) (or by an issuer of excess/ tinue the trusteeship; tax imposed by such State if— stop loss insurance or indemnity insurance pur- ‘‘(9) to provide for the enrollment of plan par- ‘‘(1) such tax is computed by applying a rate suant to section 806(a)) of a failure of an asso- ticipants and beneficiaries under appropriate to the amount of premiums or contributions, ciation health plan which is or has been cer- coverage options; and with respect to individuals covered under the tified under this part and is described in section ‘‘(10) to do such other acts as may be nec- plan who are residents of such State, which are 806(a)(2) to meet the requirements of section 806 essary to comply with this title or any order of received by the plan from participating employ- and has not been notified by the board of trust- the court and to protect the interests of plan ers located in such State or from such individ- ees of the plan that corrective action has re- participants and beneficiaries and providers of uals; stored compliance with such requirements; and medical care. ‘‘(2) the rate of such tax does not exceed the ‘‘(2) the applicable authority determines that ‘‘(c) NOTICE OF APPOINTMENT.—As soon as rate of any tax imposed by such State on pre- there is a reasonable expectation that the plan practicable after the Secretary’s appointment as miums or contributions received by insurers or will continue to fail to meet the requirements of trustee, the Secretary shall give notice of such health maintenance organizations for health in- section 806, appointment to— surance coverage offered in such State in con- the board of trustees of the plan shall, at the di- ‘‘(1) the sponsor and plan administrator; nection with a group health plan; rection of the applicable authority, terminate ‘‘(2) each participant; ‘‘(3) such tax is otherwise nondiscriminatory; the plan and, in the course of the termination, ‘‘(3) each participating employer; and and take such actions as the applicable authority ‘‘(4) if applicable, each employee organization ‘‘(4) the amount of any such tax assessed on may require, including satisfying any claims re- which, for purposes of collective bargaining, the plan is reduced by the amount of any tax or ferred to in section 806(a)(2)(B)(iii) and recov- represents plan participants. assessment otherwise imposed by the State on ering for the plan any liability under subsection ‘‘(d) ADDITIONAL DUTIES.—Except to the ex- premiums, contributions, or both received by in- (a)(2)(B)(iii) or (e) of section 806, as necessary to tent inconsistent with the provisions of this surers or health maintenance organizations for ensure that the affairs of the plan will be, to the title, or as may be otherwise ordered by the health insurance coverage, aggregate excess/stop maximum extent possible, wound up in a man- court, the Secretary, upon appointment as trust- loss insurance (as defined in section 806(g)(1)), ner which will result in timely provision of all ee under this section, shall be subject to the specific excess/stop loss insurance (as defined in benefits for which the plan is obligated. same duties as those of a trustee under section section 806(g)(2)), other insurance related to the ‘‘SEC. 810. TRUSTEESHIP BY THE SECRETARY OF 704 of title 11, United States Code, and shall provision of medical care under the plan, or any INSOLVENT ASSOCIATION HEALTH have the duties of a fiduciary for purposes of combination thereof provided by such insurers PLANS PROVIDING HEALTH BENE- this title. or health maintenance organizations in such FITS IN ADDITION TO HEALTH IN- ‘‘(e) OTHER PROCEEDINGS.—An application by State in connection with such plan. SURANCE COVERAGE. the Secretary under this subsection may be filed ‘‘SEC. 812. DEFINITIONS AND RULES OF CON- ‘‘(a) APPOINTMENT OF SECRETARY AS TRUSTEE notwithstanding the pendency in the same or STRUCTION. FOR INSOLVENT PLANS.—Whenever the Secretary ‘‘(a) DEFINITIONS.—For purposes of this determines that an association health plan any other court of any bankruptcy, mortgage part— which is or has been certified under this part foreclosure, or equity receivership proceeding, or any proceeding to reorganize, conserve, or liq- ‘‘(1) GROUP HEALTH PLAN.—The term ‘group and which is described in section 806(a)(2) will health plan’ has the meaning provided in sec- be unable to provide benefits when due or is uidate such plan or its property, or any proceeding to enforce a lien against property of the tion 733(a)(1) (after applying subsection (b) of otherwise in a financially hazardous condition, this section). as shall be defined by the Secretary by regula- plan. ‘‘(f) JURISDICTION OF COURT.— ‘‘(2) MEDICAL CARE.—The term ‘medical care’ tion, the Secretary shall, upon notice to the has the meaning provided in section 733(a)(2). plan, apply to the appropriate United States ‘‘(1) IN GENERAL.—Upon the filing of an application for the appointment as trustee or the ‘‘(3) HEALTH INSURANCE COVERAGE.—The term district court for appointment of the Secretary ‘health insurance coverage’ has the meaning as trustee to administer the plan for the dura- issuance of a decree under this section, the court to which the application is made shall provided in section 733(b)(1). tion of the insolvency. The plan may appear as ‘‘(4) HEALTH INSURANCE ISSUER.—The term have exclusive jurisdiction of the plan involved a party and other interested persons may inter- ‘health insurance issuer’ has the meaning pro- and its property wherever located with the pow- vene in the proceedings at the discretion of the vided in section 733(b)(2). ers, to the extent consistent with the purposes of court. The court shall appoint such Secretary ‘‘(5) APPLICABLE AUTHORITY.—The term ‘ap- this section, of a court of the United States hav- trustee if the court determines that the trustee- plicable authority’ means the Secretary, except ing jurisdiction over cases under chapter 11 of ship is necessary to protect the interests of the that, in connection with any exercise of the Sec- title 11, United States Code. Pending an adju- participants and beneficiaries or providers of retary’s authority regarding which the Sec- dication under this section such court shall medical care or to avoid any unreasonable dete- retary is required under section 506(d) to consult stay, and upon appointment by it of the Sec- rioration of the financial condition of the plan. with a State, such term means the Secretary, in retary as trustee, such court shall continue the The trusteeship of such Secretary shall continue consultation with such State. until the conditions described in the first sen- stay of, any pending mortgage foreclosure, eq- ‘‘(6) HEALTH STATUS-RELATED FACTOR.—The tence of this subsection are remedied or the plan uity receivership, or other proceeding to reorga- term ‘health status-related factor’ has the mean- is terminated. nize, conserve, or liquidate the plan, the spon- ing provided in section 733(d)(2). ‘‘(b) POWERS AS TRUSTEE.—The Secretary, sor, or property of such plan or sponsor, and ‘‘(7) INDIVIDUAL MARKET.— upon appointment as trustee under subsection any other suit against any receiver, conservator, ‘‘(A) IN GENERAL.—The term ‘individual mar- (a), shall have the power— or trustee of the plan, the sponsor, or property ket’ means the market for health insurance cov- ‘‘(1) to do any act authorized by the plan, this of the plan or sponsor. Pending such adjudica- erage offered to individuals other than in con- title, or other applicable provisions of law to be tion and upon the appointment by it of the Sec- nection with a group health plan. done by the plan administrator or any trustee of retary as trustee, the court may stay any pro- ‘‘(B) TREATMENT OF VERY SMALL GROUPS.— the plan; ceeding to enforce a lien against property of the ‘‘(i) IN GENERAL.—Subject to clause (ii), such ‘‘(2) to require the transfer of all (or any part) plan or the sponsor or any other suit against term includes coverage offered in connection of the assets and records of the plan to the Sec- the plan or the sponsor. with a group health plan that has fewer than 2 retary as trustee; ‘‘(2) VENUE.—An action under this section participants as current employees or partici- ‘‘(3) to invest any assets of the plan which the may be brought in the judicial district where the pants described in section 732(d)(3) on the first Secretary holds in accordance with the provi- sponsor or the plan administrator resides or does day of the plan year.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 6333 E:\CR\FM\A22MR7.017 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2317

‘‘(ii) STATE EXCEPTION.—Clause (i) shall not ployee welfare benefit plan on and after the and by striking ‘‘title.’’ and inserting ‘‘title, apply in the case of health insurance coverage date of such demonstration.’’. and’’; and offered in a State if such State regulates the (b) CONFORMING AMENDMENTS TO PREEMPTION (C) by adding at the end the following new coverage described in such clause in the same RULES.— clause: manner and to the same extent as coverage in (1) Section 514(b)(6) of such Act (29 U.S.C. ‘‘(iii) subject to subparagraph (E), in the case the small group market (as defined in section 1144(b)(6)) is amended by adding at the end the of any other employee welfare benefit plan 2791(e)(5) of the Public Health Service Act) is following new subparagraph: which is a multiple employer welfare arrange- regulated by such State. ‘‘(E) The preceding subparagraphs of this ment and which provides medical care (within ‘‘(8) PARTICIPATING EMPLOYER.—The term paragraph do not apply with respect to any the meaning of section 733(a)(2)), any law of ‘participating employer’ means, in connection State law in the case of an association health any State which regulates insurance may with an association health plan, any employer, plan which is certified under part 8.’’. apply.’’. if any individual who is an employee of such (2) Section 514 of such Act (29 U.S.C. 1144) is (4) Section 514(d) of such Act (29 U.S.C. employer, a partner in such employer, or a self- amended— 1144(d)) is amended— employed individual who is such employer (or (A) in subsection (b)(4), by striking ‘‘Sub- (A) by striking ‘‘Nothing’’ and inserting ‘‘(1) any dependent, as defined under the terms of section (a)’’ and inserting ‘‘Subsections (a) and Except as provided in paragraph (2), nothing’’; the plan, of such individual) is or was covered (f)’’; and under such plan in connection with the status (B) in subsection (b)(5), by striking ‘‘sub- (B) by adding at the end the following new of such individual as such an employee, part- section (a)’’ in subparagraph (A) and inserting paragraph: ner, or self-employed individual in relation to ‘‘subsection (a) of this section and subsections ‘‘(2) Nothing in any other provision of law en- the plan. (a)(2)(B) and (b) of section 805’’, and by striking acted on or after the date of the enactment of ‘‘(9) APPLICABLE STATE AUTHORITY.—The term ‘‘subsection (a)’’ in subparagraph (B) and in- the Small Business Health Fairness Act of 2017 ‘applicable State authority’ means, with respect serting ‘‘subsection (a) of this section or sub- shall be construed to alter, amend, modify, in- to a health insurance issuer in a State, the State section (a)(2)(B) or (b) of section 805’’; and validate, impair, or supersede any provision of insurance commissioner or official or officials (C) by adding at the end the following new this title, except by specific cross-reference to designated by the State to enforce the require- subsection: the affected section.’’. ments of title XXVII of the Public Health Serv- ‘‘(f)(1) Except as provided in subsection (b)(4), (c) PLAN SPONSOR.—Section 3(16)(B) of such ice Act for the State involved with respect to the provisions of this title shall supersede any Act (29 U.S.C. 102(16)(B)) is amended by adding such issuer. and all State laws insofar as they may now or at the end the following new sentence: ‘‘Such ‘‘(10) QUALIFIED ACTUARY.—The term ‘quali- hereafter preclude, or have the effect of pre- term also includes a person serving as the spon- fied actuary’ means an individual who is a cluding, a health insurance issuer from offering sor of an association health plan under part member of the American Academy of Actuaries. health insurance coverage in connection with 8.’’. ‘‘(11) AFFILIATED MEMBER.—The term ‘affili- an association health plan which is certified (d) DISCLOSURE OF SOLVENCY PROTECTIONS ated member’ means, in connection with a spon- under part 8. RELATED TO SELF-INSURED AND FULLY INSURED sor— ‘‘(2) Except as provided in paragraphs (4) and OPTIONS UNDER ASSOCIATION HEALTH PLANS.— ‘‘(A) a person who is otherwise eligible to be (5) of subsection (b) of this section— Section 102(b) of such Act (29 U.S.C. 102(b)) is a member of the sponsor but who elects an affili- ‘‘(A) In any case in which health insurance amended by adding at the end the following: ated status with the sponsor, coverage of any policy type is offered under an ‘‘An association health plan shall include in its ‘‘(B) in the case of a sponsor with members association health plan certified under part 8 to summary plan description, in connection with which consist of associations, a person who is a a participating employer operating in such each benefit option, a description of the form of member of any such association and elects an State, the provisions of this title shall supersede solvency or guarantee fund protection secured affiliated status with the sponsor, or any and all laws of such State insofar as they pursuant to this Act or applicable State law, if ‘‘(C) in the case of an association health plan may preclude a health insurance issuer from of- any.’’. in existence on the date of the enactment of the fering health insurance coverage of the same (e) SAVINGS CLAUSE.—Section 731(c) of such Small Business Health Fairness Act of 2017, a policy type to other employers operating in the Act is amended by inserting ‘‘or part 8’’ after person eligible to be a member of the sponsor or State which are eligible for coverage under such ‘‘this part’’. one of its member associations. association health plan, whether or not such (f) REPORT TO THE CONGRESS REGARDING CER- ‘‘(12) LARGE EMPLOYER.—The term ‘large em- other employers are participating employers in TIFICATION OF SELF-INSURED ASSOCIATION ployer’ means, in connection with a group such plan. HEALTH PLANS.—Not later than January 1, 2022, health plan with respect to a plan year, an em- ‘‘(B) In any case in which health insurance the Secretary of Labor shall report to the Com- ployer who employed an average of at least 51 coverage of any policy type is offered in a State mittee on Education and the Workforce of the employees on business days during the pre- under an association health plan certified under House of Representatives and the Committee on ceding calendar year and who employs at least part 8 and the filing, with the applicable State Health, Education, Labor, and Pensions of the 2 employees on the first day of the plan year. authority (as defined in section 812(a)(9)), of the Senate the effect association health plans have ‘‘(13) SMALL EMPLOYER.—The term ‘small em- policy form in connection with such policy type had, if any, on reducing the number of unin- ployer’ means, in connection with a group is approved by such State authority, the provi- sured individuals. health plan with respect to a plan year, an em- sions of this title shall supersede any and all (g) CLERICAL AMENDMENT.—The table of con- ployer who is not a large employer. laws of any other State in which health insur- tents in section 1 of the Employee Retirement ‘‘(b) RULES OF CONSTRUCTION.— ance coverage of such type is offered, insofar as Income Security Act of 1974 is amended by in- ‘‘(1) EMPLOYERS AND EMPLOYEES.—For pur- they may preclude, upon the filing in the same serting after the item relating to section 734 the poses of determining whether a plan, fund, or form and manner of such policy form with the following new items: program is an employee welfare benefit plan applicable State authority in such other State, ‘‘PART 8. RULES GOVERNING ASSOCIATION which is an association health plan, and for the approval of the filing in such other State. purposes of applying this title in connection ‘‘(3) Nothing in subsection (b)(6)(E) or the HEALTH PLANS with such plan, fund, or program so determined preceding provisions of this subsection shall be ‘‘801. Association health plans. to be such an employee welfare benefit plan— construed, with respect to health insurance ‘‘802. Certification of association health ‘‘(A) in the case of a partnership, the term issuers or health insurance coverage, to super- plans. ‘employer’ (as defined in section 3(5)) includes sede or impair the law of any State— ‘‘803. Requirements relating to sponsors and the partnership in relation to the partners, and ‘‘(A) providing solvency standards or similar boards of trustees. the term ‘employee’ (as defined in section 3(6)) standards regarding the adequacy of insurer ‘‘804. Participation and coverage require- includes any partner in relation to the partner- capital, surplus, reserves, or contributions, or ments. ship; and ‘‘(B) relating to prompt payment of claims. ‘‘805. Other requirements relating to plan ‘‘(B) in the case of a self-employed individual, ‘‘(4) For additional provisions relating to as- documents, contribution rates, the term ‘employer’ (as defined in section 3(5)) sociation health plans, see subsections (a)(2)(B) and benefit options. and the term ‘employee’ (as defined in section and (b) of section 805. ‘‘806. Maintenance of reserves and provisions 3(6)) shall include such individual. ‘‘(5) For purposes of this subsection, the term for solvency for plans providing ‘‘(2) PLANS, FUNDS, AND PROGRAMS TREATED AS ‘association health plan’ has the meaning pro- health benefits in addition to EMPLOYEE WELFARE BENEFIT PLANS.—In the case vided in section 801(a), and the terms ‘health in- health insurance coverage. of any plan, fund, or program which was estab- surance coverage’, ‘participating employer’, and ‘‘807. Requirements for application and re- lished or is maintained for the purpose of pro- ‘health insurance issuer’ have the meanings lated requirements. viding medical care (through the purchase of in- provided such terms in section 812, respec- ‘‘808. Notice requirements for voluntary ter- surance or otherwise) for employees (or their de- tively.’’. mination. pendents) covered thereunder and which dem- (3) Section 514(b)(6)(A) of such Act (29 U.S.C. ‘‘809. Corrective actions and mandatory ter- onstrates to the Secretary that all requirements 1144(b)(6)(A)) is amended— mination. for certification under this part would be met (A) in clause (i)(II), by striking ‘‘and’’ at the ‘‘810. Trusteeship by the Secretary of insol- with respect to such plan, fund, or program if end; vent association health plans such plan, fund, or program were a group (B) in clause (ii), by inserting ‘‘and which providing health benefits in ad- health plan, such plan, fund, or program shall does not provide medical care (within the mean- dition to health insurance cov- be treated for purposes of this title as an em- ing of section 733(a)(2)),’’ after ‘‘arrangement,’’, erage.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0655 E:\CR\FM\A22MR7.017 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2318 CONGRESSIONAL RECORD — HOUSE March 22, 2017 ‘‘811. State assessment authority. ‘‘(3) being a plan or arrangement described will be recognized, with respect to any par- ‘‘812. Definitions and rules of construction.’’. in section 3(40)(A)(i), ticular association health plan, as the State SEC. 3. CLARIFICATION OF TREATMENT OF SIN- shall, upon conviction, be imprisoned not with which consultation is required. In car- GLE EMPLOYER ARRANGEMENTS. more than 5 years, be fined under title 18, rying out this paragraph— Section 3(40)(B) of the Employee Retire- United States Code, or both.’’. ‘‘(A) in the case of a plan which provides ment Income Security Act of 1974 (29 U.S.C. (b) CEASE ACTIVITIES ORDERS.—Section 502 health insurance coverage (as defined in sec- 1002(40)(B)) is amended— of the Employee Retirement Income Secu- tion 812(a)(3)), such State shall be the State (1) in clause (i), by inserting after ‘‘control rity Act of 1974 (29 U.S.C. 1132) is amended by with which filing and approval of a policy group,’’ the following: ‘‘except that, in any adding at the end the following new sub- type offered by the plan was initially ob- case in which the benefit referred to in subsection: tained, and paragraph (A) consists of medical care (as ‘‘(n) ASSOCIATION HEALTH PLAN CEASE AND ‘‘(B) in any other case, the Secretary shall defined in section 812(a)(2)), two or more DESIST ORDERS.— take into account the places of residence of trades or businesses, whether or not incor- ‘‘(1) IN GENERAL.—Subject to paragraph (2), the participants and beneficiaries under the porated, shall be deemed a single employer upon application by the Secretary showing plan and the State in which the trust is for any plan year of such plan, or any fiscal the operation, promotion, or marketing of an maintained.’’. year of such other arrangement, if such association health plan (or similar arrange- SEC. 6. EFFECTIVE DATE AND TRANSITIONAL trades or businesses are within the same con- ment providing benefits consisting of med- AND OTHER RULES. trol group during such year or at any time ical care (as defined in section 733(a)(2))) (a) EFFECTIVE DATE.—The amendments during the preceding 1-year period,’’; that— made by this Act shall take effect 1 year (2) in clause (iii), by striking ‘‘(iii) the de- ‘‘(A) is not certified under part 8, is subject after the date of the enactment of this Act. termination’’ and inserting the following: under section 514(b)(6) to the insurance laws The Secretary of Labor shall first issue all ‘‘(iii)(I) in any case in which the benefit re- of any State in which the plan or arrange- regulations necessary to carry out the ferred to in subparagraph (A) consists of ment offers or provides benefits, and is not amendments made by this Act within 1 year after the date of the enactment of this Act. medical care (as defined in section 812(a)(2)), licensed, registered, or otherwise approved (b) TREATMENT OF CERTAIN EXISTING the determination of whether a trade or under the insurance laws of such State; or HEALTH BENEFITS PROGRAMS.— business is under ‘common control’ with an- ‘‘(B) is an association health plan certified (1) IN GENERAL.—In any case in which, as of other trade or business shall be determined under part 8 and is not operating in accord- under regulations of the Secretary applying the date of the enactment of this Act, an ar- ance with the requirements under part 8 for rangement is maintained in a State for the principles consistent and coextensive with such certification, the principles applied in determining wheth- purpose of providing benefits consisting of er employees of two or more trades or busi- a district court of the United States shall medical care for the employees and bene- nesses are treated as employed by a single enter an order requiring that the plan or ar- ficiaries of its participating employers, at employer under section 4001(b), except that, rangement cease activities. least 200 participating employers make con- for purposes of this paragraph, an interest of ‘‘(2) EXCEPTION.—Paragraph (1) shall not tributions to such arrangement, such ar- greater than 25 percent may not be required apply in the case of an association health rangement has been in existence for at least as the minimum interest necessary for com- plan or other arrangement if the plan or ar- 10 years, and such arrangement is licensed mon control, or rangement shows that— under the laws of one or more States to pro- ‘‘(II) in any other case, the determina- ‘‘(A) all benefits under it referred to in vide such benefits to its participating em- tion’’; paragraph (1) consist of health insurance ployers, upon the filing with the applicable (3) by redesignating clauses (iv) and (v) as coverage; and authority (as defined in section 812(a)(5) of clauses (v) and (vi), respectively; and ‘‘(B) with respect to each State in which the Employee Retirement Income Security (4) by inserting after clause (iii) the fol- the plan or arrangement offers or provides Act of 1974 (as amended by this subtitle)) by lowing new clause: benefits, the plan or arrangement is oper- the arrangement of an application for cer- ‘‘(iv) in any case in which the benefit re- ating in accordance with applicable State tification of the arrangement under part 8 of ferred to in subparagraph (A) consists of laws that are not superseded under section subtitle B of title I of such Act— medical care (as defined in section 812(a)(2)), 514. (A) such arrangement shall be deemed to in determining, after the application of ‘‘(3) ADDITIONAL EQUITABLE RELIEF.—The be a group health plan for purposes of title I clause (i), whether benefits are provided to court may grant such additional equitable of such Act; employees of two or more employers, the ar- relief, including any relief available under (B) the requirements of sections 801(a) and rangement shall be treated as having only this title, as it deems necessary to protect 803(a) of the Employee Retirement Income one participating employer if, after the ap- the interests of the public and of persons Security Act of 1974 shall be deemed met plication of clause (i), the number of individ- having claims for benefits against the plan.’’. with respect to such arrangement; uals who are employees and former employ- (c) RESPONSIBILITY FOR CLAIMS PROCE- (C) the requirements of section 803(b) of ees of any one participating employer and DURE.—Section 503 of the Employee Retire- such Act shall be deemed met, if the arrange- who are covered under the arrangement is ment Income Security Act of 1974 (29 U.S.C. ment is operated by a board of directors greater than 75 percent of the aggregate 1133) is amended by inserting ‘‘(a) IN GEN- which— number of all individuals who are employees ERAL.—’’ before ‘‘In accordance’’, and by add- (i) is elected by the participating employ- or former employees of participating em- ing at the end the following new subsection: ers, with each employer having one vote; and ‘‘(b) ASSOCIATION HEALTH PLANS.—The ployers and who are covered under the ar- (ii) has complete fiscal control over the ar- terms of each association health plan which rangement,’’. rangement and which is responsible for all is or has been certified under part 8 shall re- SEC. 4. ENFORCEMENT PROVISIONS RELATING operations of the arrangement; TO ASSOCIATION HEALTH PLANS. quire the board of trustees or the named fi- (D) the requirements of section 804(a) of duciary (as applicable) to ensure that the re- (a) CRIMINAL PENALTIES FOR CERTAIN WILL- such Act shall be deemed met with respect to FUL MISREPRESENTATIONS.—Section 501 of quirements of this section are met in connec- such arrangement; and the Employee Retirement Income Security tion with claims filed under the plan.’’. (E) the arrangement may be certified by Act of 1974 (29 U.S.C. 1131) is amended by add- SEC. 5. COOPERATION BETWEEN FEDERAL AND any applicable authority with respect to its ing at the end the following new subsection: STATE AUTHORITIES. operations in any State only if it operates in ‘‘(c) Any person who willfully falsely rep- Section 506 of the Employee Retirement such State on the date of certification. Income Security Act of 1974 (29 U.S.C. 1136) is resents, to any employee, any employee’s The provisions of this subsection shall cease amended by adding at the end the following beneficiary, any employer, the Secretary, or to apply with respect to any such arrange- new subsection: any State, a plan or other arrangement es- ment at such time after the date of the en- tablished or maintained for the purpose of ‘‘(d) CONSULTATION WITH STATES WITH RE- actment of this Act as the applicable re- offering or providing any benefit described in SPECT TO ASSOCIATION HEALTH PLANS.— quirements of this subsection are not met section 3(1) to employees or their bene- ‘‘(1) AGREEMENTS WITH STATES.—The Sec- with respect to such arrangement. ficiaries as— retary shall consult with the State recog- (2) DEFINITIONS.—For purposes of this sub- ‘‘(1) being an association health plan which nized under paragraph (2) with respect to an section, the terms ‘‘group health plan’’, has been certified under part 8; association health plan regarding the exer- ‘‘medical care’’, and ‘‘participating em- ‘‘(2) having been established or maintained cise of— ployer’’ shall have the meanings provided in under or pursuant to one or more collective ‘‘(A) the Secretary’s authority under sec- section 812 of the Employee Retirement In- bargaining agreements which are reached tions 502 and 504 to enforce the requirements come Security Act of 1974, except that the pursuant to collective bargaining described for certification under part 8; and reference in paragraph (7) of such section to in section 8(d) of the National Labor Rela- ‘‘(B) the Secretary’s authority to certify an ‘‘association health plan’’ shall be deemed tions Act (29 U.S.C. 158(d)) or paragraph association health plans under part 8 in ac- a reference to an arrangement referred to in Fourth of section 2 of the Railway Labor Act cordance with regulations of the Secretary this subsection. (45 U.S.C. 152, paragraph Fourth) or which applicable to certification under part 8. are reached pursuant to labor-management ‘‘(2) RECOGNITION OF PRIMARY DOMICILE The SPEAKER pro tempore. The bill negotiations under similar provisions of STATE.—In carrying out paragraph (1), the shall be debatable for 1 hour equally di- State public employee relations laws; or Secretary shall ensure that only one State vided and controlled by the chair and

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.017 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2319 ranking minority member of the Com- health coverage has dropped 36 percent. cans and force everyone else to pay mittee on Education and the Work- It is not that they don’t want to; it is more for less. So not only are we con- force. that onerous mandates and regulations sidering a bill today that will make After 1 hour of debate, it shall be in have made it simply unaffordable to do things worse, we are considering it a order to consider the further amend- so. day before we vote on ruining health ment printed in House Report 115–51, if Fortunately, relief is on the way. security for working families in order offered by the Member designated in This week we are not only moving to to provide tax cuts for the wealthy. the report, which shall be considered repeal ObamaCare, we are also advanc- As we debate the possible replace- read and shall be separately debatable ing positive reforms that promote af- ment of the Affordable Care Act, I for the time specified in the report fordable coverage for working families, think it is instructive that we look equally divided and controlled by the including the Small Business Health back at what the situation was before proponent and an opponent. Fairness Act. the ACA passed. The gentlewoman from North Caro- As its title implies, this important Listening to some, you would think lina (Ms. FOXX) and the gentleman legislation is about fairness for small that the costs weren’t going up at all. from Virginia (Mr. SCOTT) each will businesses and their employees. Today, In fact, costs were going through the control 30 minutes. small businesses are on an unfair play- roof before the ACA, and small busi- The Chair recognizes the gentle- ing field with larger companies and nesses, particularly, were having spec- woman from North Carolina. unions when it comes to health care. tacular cost increases—and that is GENERAL LEAVE Large businesses have the ability to until somebody got sick. At that point, Ms. FOXX. Mr. Speaker, I ask unani- negotiate for more affordable you were unlikely to be able to afford mous consent that all Members may healthcare costs for their employees, any insurance at all. have 5 legislative days in which to re- but small businesses do not have the Every year before the ACA, small vise and extend their remarks and in- same advantage. Because of their size, businesses were dropping insurance clude extraneous material on H.R. 1101. small businesses have limited bar- right and left, particularly after some- The SPEAKER pro tempore. Is there gaining power, which means their em- body got sick. Also, before the Afford- objection to the request of the gentle- ployees can end up paying more for able Care Act, people with preexisting woman from North Carolina? health insurance. conditions couldn’t get insurance. There was no objection. With millions of Americans employed Women were paying more than men. Ms. FOXX. Mr. Speaker, I yield my- by a small business, it is long past time Millions of people were losing their in- self such time as I may consume. to level the playing field. That is ex- surance every year. I rise today in support of H.R. 1101, actly what this commonsense legisla- Since then, the costs have continued the Small Business Health Fairness tion is about. This bill would empower to go up, but at the lowest rate in the Act of 2017. small businesses to band together last 50 years. People with preexisting Mr. Speaker, this week marks 7 years through association health plans, or conditions can get insurance at the since ObamaCare was signed into law. AHPs, to purchase high-quality health standard rate. Small businesses can We all remember the promises former care at a lower cost for workers. cover their employees through the Af- President Obama and Washington This bill represents a first step to- fordable Care Act at the average cost, Democrats made at the time. ward a more competitive health insur- whether or not anybody in their small Families were promised that their ance market that crosses State lines. business has cancer or diabetes. Women healthcare costs would go down. They Under H.R. 1101, small businesses in are not paying more than men. Instead were promised more choices and more different States could join together of millions of people losing their insur- competition. Small businesses and through a group health plan. These ance every year, 20 million more people their employees were promised greater plans would have strong protections have insurance. access to affordable health care. and solvency requirements to ensure In addition to that, families now But for 7 years, we have watched as workers can count on healthcare cov- enjoy strong consumer protections. all of those promises were broken. For erage when they and their families The full name of the Affordable Care 7 years, we have heard from families need it. Act is the Patient Protection and Af- and small businesses across the coun- What does all of this mean: more fordable Care Act. Now there are no try that have seen their healthcare choices, more freedom, and more af- caps on what an insurance company costs skyrocket and their choices di- fordable health care for working fami- pays, and they can’t cancel your policy minish. lies and small-business owners like for anything other than nonpayment. Members of the House Education and Scott Bollenbacher. This is a better Preventive services such as cancer the Workforce Committee recently way, one that stands in stark contrast screenings are available with no copay heard from Scott Bollenbacher, an In- to ObamaCare’s failed approach. In- or deductible. Those up to 26 can stay diana small-business owner with 11 stead of more mandates, this bill em- on their parents’ policy, and the dough- full-time employees. The company has powers individuals to access the high- nut hole is being closed. been forced to switch healthcare plans quality, affordable healthcare plan The ACA did not cure every problem, twice now under ObamaCare, and their that meets their needs. but it went a long way to making only viable option this year was a plan I want to thank my colleague Rep- Americans healthier and giving them with a 78 percent premium increase. resentative SAM JOHNSON for cham- some economic security. It could have Mr. Bollenbacher is one of countless pioning, for years, the positive reforms gone further if, in the past 7 years, Re- small-business owners struggling to in this bill. publicans would have been willing to make ends meet under a failed govern- I urge Members to vote ‘‘yes’’ on H.R. work with Democrats to build on the ment takeover of health care. Because 1101 so we can level the playing field progress instead of forcing over 60 of ObamaCare, 300,000 small-business for small businesses and expand afford- votes to repeal all parts of the Afford- jobs have been destroyed, including able health coverage for working fami- able Care Act. nearly 8,000 in my home State of North lies. If we do anything now, we ought to Carolina. Mr. Speaker, I reserve the balance of improve the situation, not make it my time. worse. The Republican plan makes b 1400 Mr. SCOTT of Virginia. Mr. Speaker, things worse. The CBO analysis con- Additionally, an estimated 10,000 I yield myself such time as I may concluded that 24 million fewer people will small businesses nationwide have sume. have insurance, and most of those that closed their doors, and small business Mr. Speaker, today we are consid- get insurance in the future will be pay- employees have lost $19 billion each ering a bill that purports to make it ing more for policies that don’t deliver year in wages. easier for small businesses to obtain as much. It should come as no surprise that, coverage, and tomorrow we will vote For seniors, particularly, the costs since 2008, the share of small businesses on a bill that will take away health in- will skyrocket. And, in fact, the pre- with fewer than 10 employees offering surance coverage for 24 million Ameri- diction that the rates will go down in

VerDate Sep 11 2014 03:18 Jun 16, 2017 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD17\MARCH\H22MR7.REC H22MR7 H2320 CONGRESSIONAL RECORD — HOUSE March 22, 2017 the future are a result of the conclu- tions and let them avoid State regula- Not everyone knows this, but I was a sion that so few seniors will be able to tions, which could require solvency, small-business owner myself between buy insurance that they will no longer nice solvency requirements, and con- my time in the Air Force and coming be in the insurance pool. sumer protections. The protections in to Congress. In fact, I established a The insurance pool would be younger, this bill are not sufficient to protect home building business in north Texas and, therefore, the costs would go consumers, and most States would re- from scratch, so I can understand down. But that is only because seniors quire stronger capital requirements where small businesses are coming won’t be able to afford the insurance. than the bill requires. from. Therefore, the insurance pool will be Much like the Republican replace- For example, Bob Gibbons and his younger and cheaper for those who can ment bill, this bill goes in the wrong wife own a commercial real estate actually afford it, but that is not a direction, so I urge my colleagues to business in my hometown of Plano, good thing for seniors who need the in- vote ‘‘no.’’ Texas. They have had a tough time ob- surance and can’t afford it. Mr. Speaker, I reserve the balance of taining good, affordable health insur- So today we are considering another my time. ance, a problem that has gotten worse failed policy. The association plan Ms. FOXX. Mr. Speaker, I yield 6 since ObamaCare. ideas have been studied for years, and minutes to the gentleman from Texas Bob sums up this entire issue pretty it has been concluded that it is a bad (Mr. SAM JOHNSON), the author of the well in two sentences: ‘‘Why should idea. Under the Affordable Care Act, bill. someone’s status as an employee give essentially everybody pays average. If Mr. SAM JOHNSON of Texas. Mr. them preferential right to decent group you change that arithmetic so some Speaker, I thank the gentlewoman for health coverage? Entrepreneurs are pe- can pay a little less, then arithmetic yielding. nalized when they start a small busi- matters. Everybody else is going to pay I would like to start off by thanking ness because they can’t get comparable a little more. Chairwoman FOXX and Chairman coverage.’’ In the association plans, quite frank- WALBERG for their strong support of ly, I will admit, they will always work my bill, the Small Business Health for the few that can get into them. Fairness Act. b 1415 That is because, if you can draw out Mr. Speaker, the legislation before us Bob’s experience underscores the en- your own group, if they are healthier today is on an issue that has long been tire point behind the Small Business than average and can pay less, they near and dear to my heart: association Health Fairness Act. will pay less and the association will health plans. Association health plans Mr. Speaker, I include Bob’s letter in work. But if you pull out a group and would allow small businesses to join the RECORD, along with letters from it turns out they are a little sicker together and provide healthcare cov- the cities of Frisco, Richardson, and than average and the bids come in erage just like large corporations and Anna in my district. unions do today. above average, then the association REATA COMMERCIAL REALTY, INC., will dissolve and everybody will go Association health plans are also a Plano, TX, March 2, 2017. back into the insurance pool. central part of replacing ObamaCare Re Association Health Plans. So if you can pull out a group, they with commonsense solutions. Hon. SAM JOHNSON, will always pay less until somebody You know, ObamaCare has been an House of Representatives, gets sick, and then everybody jumps absolute disaster. My constituents in Washington, DC. back into the insurance pool. The high- Collin County, Texas, have shared with DEAR REPRESENTATIVE JOHNSON: I would er cost groups will be left behind. The me their negative experiences with it like to register my support of your recently lower cost groups will segment out, since it became law nearly 7 years ago. introduced bill, H.R. 1101, which would pro- and then the rates will go down for a One of the groups hardest hit by vide for association health plans. I am a few and up for everybody else. ObamaCare is small businesses, the small business owner in your district in This is exactly why the American backbone of our economy. Since 2008, Plano, Texas. My wife and I have been on a over one-third of businesses with fewer roller coaster of health coverage over the Academy of Actuaries has said that ex- years. We were covered by employer plans panding association plans ‘‘could result than 10 employees offering health in- when I was an employee (pre-ACA). Then we in unintended consequences such as surance have dropped insurance; and, had to negotiate for an individual plan when market segmentation that could you know, that is just wrong. I started my own business (pre-ACA). Then threaten . . . viability and make it Because ObamaCare is failing, we we were again covered by an employer plan more difficult for high-cost individuals need to repeal it and replace it with when my wife went to work (post-ACA). And and groups to obtain coverage.’’ better solutions for the American peo- now that she works with me, we must navi- One of the other problems is a lack of ple. One of these solutions is my asso- gate the purchase of an individual plan ciation health plan bill. again, but in the post-ACA failure environ- regulation. If a group is allowed to cir- ment. What my bill does is simply allow cumvent State regulations, that policy I have always thought it was ridiculous may be cheaper because the policy is small businesses to join together that the only decent health coverage was not as good. through trade or professional organiza- available to employees of companies that There are a lot of ways that you can tions. As we all know, the basic rule of provided it. Why should someone’s status as save money. You can pull out a group insurance is the bigger the risk pool, an employee give them a preferential right of just young men and save on mater- the lower the cost. to decent group health coverage? Entre- nity benefits. That would be cheaper Furthermore, my bill allows small preneurs are penalized when they start a for them but more expensive for every- businesses to join together across small business because they can’t get com- body else. State lines. My bill would also free parable coverage. And what happens when a new spouse small businesses from costly and bur- I was thrilled when I ran into Gabi Pate at densome State and Federal require- a Plano Chamber of Commerce Public Policy needs coverage and tries to get it as an Committee meeting yesterday and heard you optional benefit? They won’t be able to ments. This isn’t anything different were trying to help. Association health plans afford it. from what large employers and unions would be a step in the right direction. At Workers and businessowners are like- already do. My bill is simply about lev- least then I could get in on a group plan ly to get fewer benefits under the asso- eling the playing field for small busi- through trade associations, a chamber of ciation approach and will be disadvan- nesses and their hardworking employ- commerce or another qualified group. I truly taged compared to those in the regular ees. hope that the bill will allow for portability pool getting comprehensive benefits. This bill also has wide support from of that health coverage, however, so I can This is exactly why Consumers Union the business community, including the leave the association if I choose and still have coverage. has stated that the legislation is ‘‘like- United States Chamber of Commerce, Thank you for your leadership in this area. ly . . . to provide minimal and nonuni- the National Federation of Independent Please don’t hesitate to contact me if you form benefits.’’ Business, the National Retail Federa- have any questions. Mr. Speaker, this bill will make it tion, and the International Franchise Sincerely, easier to set up these kinds of associa- Association. BOB GIBBONS.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.046 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2321 FRISCO CHAMBER OF COMMERCE, businesses the opportunity to band together provided and which persons can enroll. Frisco, TX, March 22, 2017. to provide their employees with better, more This is a complete and total disservice On behalf of the Frisco Chamber of Com- affordable health insurance coverage. With to all individuals and citizens in a merce in Frisco, Texas, I write in strong sup- rising medical costs being a top concern of State’s health insurance market. Asso- port of the Small Business Health Fairness both individuals and employers, the impact Act. The Frisco Chamber of Commerce proof this increased availability of affordable ciation health plans currently exist vides advocacy support for over 1,300 busi- insurance would be significant. and operate in New York State, serving nesses of all sizes. We consistently hear from The Richardson Chamber commends your many thousands of beneficiaries and our small business members about the hard- efforts to provide small businesses with avail New Yorkers’ protections, bene- ship in providing appropriate and adequate health care options in a thoughtful and con- fits guarantees, and avenues for appeal healthcare for their employees at an afford- structive manner. We look forward to work- through the Department of Financial able price. This legislation will increase ing with you on this key legislation. Sincerely, Services. small businesses’ bargaining power with This bill does nothing to offer guar- health insurance providers and ensure a level WILLIAM C. SPROULL, playing field for smaller entities that want President and CEO. anteed affirmative coverage. It would to help their workers and families with permit preexisting conditions as a le- healthcare costs. GREATER ANNA gitimate reason to exclude individuals. Locally owned small businesses are a huge CHAMBER OF COMMERCE, It has no minimum threshold for any- contributor in the fabric of a business com- Anna, TX, March 21, 2017. thing resembling essential health bene- munity. It is through the small and medium Hon. SAM JOHNSON, fits, and it fails to offer a requirement House of Representatives, businesses that we see the greatest job for the actuarial value of the insurance growth. It is through the small and medium Washington, DC. DEAR REPRESENTATIVE JOHNSON: On behalf product to cover total health costs. businesses that we see the greatest increase What then remains is not a health in retail spending in the local communities. of the Greater Anna Chamber of Commerce However, while many see the benefit of a and our more than 200 members, including a plan. In fact, what remains is strik- strong small business community, they have majority of small business, I would like to ingly similar to what the American been neglected in being able to negotiate for show our support of the H.R. 101, the Small Health Care Act purports to offer mil- competitive pricing in healthcare costs. Business Health Fairness Act. There are lions of Americans: less coverage for many small businesses in our community For these reasons, the Frisco Chamber of those enrolled and more expense for Commerce strongly supports the Small Busi- that cannot currently economically and efficiently afford healthcare for their employ- those who are too sick, too old, and too ness Health Fairness Act, which will allow ees. We hope this legislation will help ease poor to be approached by an AHP. small businesses the opportunity to band to- that affordability on both our businesses and AHPs would lead to higher costs for gether to provide their employees with bet- employees. seniors and individuals who are sicker ter, more affordable health insurance cov- With better access to healthcare, employ- erage. With rising medical costs being a top and will dilute the risk pool of entire ees could be more willing to work at these States, leading to higher premiums and concern of both individuals and employers, smaller businesses instead of only working the impact of this increased availability of for larger corporations. This will help our out-of-pocket expenses. Where the affordable insurance would be significant. local community by keeping our employees American Health Care Act will unilat- Sincerely, closer to their home, families and children’s erally hurt all Americans, H.R. 1101 TONY FELKER, schools. Again, we support for Small Busi- would accomplish the same harm di- President/CEO. ness Health Fairness Act and look forward to rected at the sickest and most under- a better solution to our current healthcare served in a more prejudicial manner. RICHARDSON, TEXAS, problem. CHAMBER OF COMMERCE, Mr. Speaker, I offered an amendment Best Regards, to this bill, which was germane, yet Richardson, TX, March 21, 2017. KEVIN HALL, Re Association Health Plans. Executive Director, not made in order. My amendment Hon. SAM JOHNSON, Greater Anna Chamber of Commerce. would have protected the rights of the House of Representatives, Mr. SAM JOHNSON of Texas. Mr. States to regulate association health Washington DC. Speaker, by allowing small businesses plans, to include regulation of benefits, DEAR CHAIRMAN JOHNSON: On behalf of the to band together, they can collectively consumer protections, and rating re- Richardson Chamber of Commerce, a 5-star strictions. The goal of my amendment chamber, I write in strong support of the purchase more affordable health insurance for their employees. was to ensure that all States and their Small Business Health Fairness Act. This constituents have the same security legislation will increase small businesses’ Let’s get this commonsense plan bargaining power with health insurance pro- passed. Let’s help those who power our and protections that my constituents viders and ensure a level playing field for economy be able to get the health care have benefited from over the past 7 smaller entities that want to help their they want, need, and deserve for them- years: consumer protections against workers and families with health care costs. selves and their workers. surprise billing and adverse selection, The Richardson Chamber of Commerce com- Mr. Speaker, I urge all my colleagues provider protection for prompt claim mends you for your longstanding leadership to vote in favor of H.R. 1101. payment and preauthorization, protec- on this important issue to the small business Mr. SCOTT of Virginia. Mr. Speaker, tion for local and regional insurers so community. With more than 650 member or- that large national insurance compa- ganizations, the Richardson Chamber of I yield 4 minutes to the gentleman Commerce continues the goal of its founding from New York (Mr. ESPAILLAT). nies cannot cherry-pick the good risk. fathers to serve as the cornerstone of eco- Mr. ESPAILLAT. Mr. Speaker, I rise I certainly believe and would hope nomic and community development for the today in opposition to H.R. 1101, the that my colleagues on the other side of city of Richardson. In order to continue that Small Business Health Fairness Act. the aisle support program integrity growth, our small businesses must be al- Mr. Speaker, the concept of associa- and protecting our constituents, which lowed to offer affordable healthcare to their tion health plans, AHPs, is nothing is what my amendment would have employees. new. Versions of this bill have been made clear. While the small business community’s eco- around for many years. They don’t Lastly, I would like to be clear that nomic output is great, its negotiating power I am supportive of increasing access to in the health care market is at a competitive work. disadvantage. The federal Employee Retire- Currently, AHPs are regulated by the health care that is comprehensive and ment Income Security Act, which currently States, ensuring the ability to protect affordable for all Americans. The bill permits large corporations and labor organi- consumers. H.R. 1101, however, will before us does not do that. The Amer- zations to ‘‘self-insure’’ and offer insurance yank association health plans from the ican Health Care Act certainly does with certain exemptions from state law, does realm of State oversight by federally not do that. not provide small business with the same ad- certifying them and holding them to Mr. Speaker, I urge my colleagues to vantage. The law must be reformed to em- few, if any, regulatory requirements. strongly oppose this rolling back of power small employers with the ability to This would strip the States of the abil- health care. obtain and offer competitively priced health Ms. FOXX. Mr. Speaker, I yield 2 insurance. ity and fidelity to regulate beneficiary For these reasons, the Richardson Cham- protections that exist to protect their minutes to the gentleman from Michi- ber of Commerce and our member compa- citizens. gan (Mr. WALBERG), the chairman of nies, strongly support the Small Business Federally certifying AHPs will allow the Subcommittee on Health, Employ- Health Fairness Act, which will allow small selective choice of which benefits are ment, Labor, and Pensions.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.018 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2322 CONGRESSIONAL RECORD — HOUSE March 22, 2017 Mr. WALBERG. Mr. Speaker, I rise able healthcare options to their em- going to step in and wipe out the way today in support of H.R. 1101, the Small ployees and a transition toward a pain which these plans operate and just Business Health Fairness Act, a bill tient-centered healthcare system. lead, again, a race to the bottom, the that will help people in Michigan and Mr. Speaker, I urge my colleagues to lowest threshold of protections for pa- across the country by expanding af- support this legislation. tients; and that is considered fordable coverage for workers and their Mr. SCOTT of Virginia. Mr. Speaker, healthcare reform or somehow advanc- families. I yield 4 minutes to the gentleman ing the ball in terms of helping small I thank our colleague, Representa- from Connecticut (Mr. COURTNEY). businesses. tive SAM JOHNSON of Texas, for intro- Mr. COURTNEY. Mr. Speaker, again, There are many other ways to deal ducing this legislation. I really enjoyed as someone who was a small-business with this issue, and this is not the hearing the gentleman from Texas and employer for 27 years and provided right one. Again, this is not some new his comments about this being com- health benefits for my staff, I am idea that we are debating. This has mon sense. Representative SAM JOHN- acutely aware of the challenges in the been back and forth over the years, in SON of Texas defines common sense and small-business market which long pre- the 1990s and the early 2000s. It pre- patriotism. He has tirelessly cham- date passage of the Affordable Care Act dates the Affordable Care Act by dec- pioned this bill for years, and it is a and which is still something that we ades, and it is just an old chestnut that pleasure to join him in pushing for can do better in terms of helping folks is being thrown out in the floor in the these positive reforms. deal with this issue, which, again, is so name of some idea to sound like we are Mr. Speaker, health care in this important because small businesses are doing something for small businesses. country has become simply the job creators in the American econ- Again, under the Affordable Care unaffordable for far too many small omy. Act, we set up a 50 percent tax credit businesses and working families. The What I want to sort of point out is for businesses that qualify for it to Patient Protection and Affordable Care that this legislation, in my opinion, is make health insurance affordable. Act has proved to be an utter failure just a complete misfire. Let’s, first of for most people in the United States. It all, remind everyone that there are I did two townhalls back in my dis- is snowballing out of control and roll- over 670 association health plans exist- trict. I had a plumber from the next ing over working families and small ing in America today. town over who, again, took advantage businesses. The notion that the Affordable Care of that 50 percent tax credit. He saved Ninety-five percent of small busi- Act somehow is smothering or stifling thousands of dollars in terms of pro- nesses have reported increased health association health plans is, in fact, just viding health benefits for his small insurance costs over the past 5 years. A factually false. There are many that business. 2015 study by the National Federation are in business, providing coverage, as We can expand that tax credit to get of Independent Businesses found that has been said by some of the prior a wider universe of small businesses, the cost of health insurance is the prin- speakers, for people in industries like and that is what we should be doing. cipal reason that small businesses do restaurants, et cetera. Again, we are We should be building on what is suc- not offer coverage. not talking about some existential cessful, again, not watering down exist- As a result, since 2008, 36 percent of threat that is out there in terms of as- ing patient protection and consumer small businesses with fewer than 10 sociation health plans today. protection laws that ensure that plans employees have stopped offering The guts of this bill—and it is quite are actually going to have enough healthcare coverage to their employ- extraordinary coming from, again, the funds to pay the bills when people get ees. It is not that they don’t want to Republican Party—is to preempt State sick or go to the hospital and certainly offer healthcare benefits. The truth of Governments from having any say over not be able to cherry-pick what bene- the matter is that small businesses the solvency and the benefit design of fits are considered essential or not. have been hit especially hard by the plans that operate under association government takeover of health care. The SPEAKER pro tempore. The health plans. Under ObamaCare, the working fami- time of the gentleman from Con- Back in the 1990s, there was a spate lies I speak to in my district are pay- necticut has expired. of problems with association health ing more for less and finding they have Mr. SCOTT of Virginia. Mr. Speaker, plans going belly up because, again, fewer options for coverage. I yield an additional 1 minute to the H.R. 1101 is a key part of the third there was no State insurance solvency gentleman. standards to make sure that there were phase of our efforts to reform our Mr. COURTNEY. Mr. Speaker, we funds set aside to pay the bills of peo- healthcare system so it works for all should not be allowing health plans to ple who were employed in the busi- Americans. It aims to increase the ne- decide we are not going to cover mater- nesses that these plans were set up to gotiating power of small businesses so nity or that they can pick and choose they can bring down health insurance serve. As a result, Congress acted. We basi- what essential benefits that, again, the costs for their employees. rest of the universe of businesses have Right now, small businesses are often cally said that the Federal Government was doing a lousy job in terms of pro- to provide now under the Affordable on an unequal playing field with larger Care Act, which are, again, based on companies and unions. Because they tecting patients. And we gave States the ability, through their State insur- sound medical research, not political have few employees, small businesses decisions or not just the whims of peo- have limited bargaining power when it ance departments, to make sure that certain solvency standards were met ple who are running health plans, like comes to negotiating for lower insur- association health plans. ance costs for their workers. and, as was stated earlier, that they The SPEAKER pro tempore (Mr. weren’t able to cherry-pick just the Again, this is the wrong approach. This is, again, turning the clock back- ROGERS of Kentucky). The time of the healthiest and leave the rest for the gentleman from Michigan has expired. other segments of the health insurance wards. It is not going to provide any Ms. FOXX. Mr. Speaker, I yield an industry. protections, and it certainly is not re- additional 15 seconds to the gentleman. As a result of the fact that we made sponding to some existential threat of Mr. WALBERG. Mr. Speaker, this this change, again, the State insurance association health plans. There are 672 bill levels the playing field for small commissioners all across America, Re- in operation today. Let’s help them businesses, allowing them to band to- publican States and Democratic with programs like tax credits. Let’s gether through association health States, have weighed in. They sent a not just sort of turn that whole sector plans and negotiate the best deals to letter on February 28 pleading with of the health insurance marketplace provide health care at a lower cost. It Congress not to do this, not to pass into the Wild West because it is pa- also represents an important step to- this bill which eliminates their ability tients who are going to lose. Our citi- ward purchasing health insurance to protect the citizens of their States. zens are going to lose. We can do better across State lines. So this bill is actually an anti-states’ than that as a Congress. Today’s vote is an immediate first rights bill because it is basically say- Mr. Speaker, again, I strongly urge a step to help job creators provide affording the Federal Government is just ‘‘no’’ vote on this measure.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.049 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2323 Ms. FOXX. Mr. Speaker, I yield 2 I again want to encourage my col- living with diabetes and the 86 million more minutes to the gentleman from Ten- leagues to support H.R. 1101. with prediabetes, the American Diabetes As- nessee (Mr. ROE), a distinguished col- Mr. SCOTT of Virginia. Mr. Speaker, sociation (Association) is writing to express league, a member of the committee, would the Chair advise us how much our strong opposition to the Small Business and the chair of the Veterans’ Affairs time is available on both sides? Health Fairness Act (H.R. 1101). This legisla- Committee. The SPEAKER pro tempore. The gen- tion is nearly identical to legislation consid- tleman from Virginia has 141⁄2 minutes ered by previous Congresses and that last b 1430 remaining, and the gentlewoman from passed the House of Representatives in 2003. Mr. ROE of Tennessee. Mr. Speaker, I North Carolina has 163⁄4 minutes re- The Association opposed that legislation and rise today in strong support of H.R. maining. writes now to express our strong concerns 1101, the Small Business Health Fair- Mr. SCOTT of Virginia. Mr. Speaker, with this bill and the impact it will have for ness Act, sponsored by my good friend I yield myself such time as I may con- people with, and at risk for, diabetes. and true American hero, SAM JOHNSON. sume. The legislation would create federally cer- I encourage all of my colleagues to do Mr. Speaker, I just wanted to point tified association health plans (AHPs) with the same. This bill is an important tool out a few letters that we have received, the goal of making coverage more affordable to help empower small businesses to one from the Diabetes Association, for small businesses by allowing them to offer more affordable healthcare op- which includes, in part: ‘‘The Associa- band together to purchase coverage on behalf tions to their employees. tion has serious concerns that AHPs of a larger insurance pool. We share the goal Mr. Speaker, as a former small-busi- would lead to a two-tiered market, in of making coverage more affordable, but not ness owner myself, I know that most which AHPs offer inadequate coverage at the expense of required consumer protec- small-business owners want to do the to healthy groups only, while State- tions, signed into law in 47 states, which en- right thing and offer health insurance regulated plans provide adequate cov- sure people with diabetes have access to the to their employees. We did so in my erage with consumer protections but at services and financial protection they need. an increasingly higher premiums. For practice. H.R. 1101 would broadly exempt AHPs from these reasons, we urge you to oppose But many of these businesses are critical state benefit standards, solvency the Small Business Health Fairness struggling with the cost and complex- rules, and consumer protections, including Act of 2017, H.R. 1101.’’ ities of offering health insurance to requirements to cover health services essen- their employees. ObamaCare has exac- We have also received a letter, Mr. Speaker, from the National Associa- tial to those with diabetes. Specifically, H.R. erbated this problem for small busi- 1101 would confer on AHPs wide authority to: tion of Insurance Commissioners. They nesses. Thousands of jobs and thou- Determine benefits to be covered: Other sands of small businesses have closed. said in their letter: ‘‘The legislation as written would eliminate all State con- than requiring AHPs to meet limited federal We have a better way. We are going requirements for ERISA-governed plans, to start by passing the American sumer protections and solvency standards that ensure consumers receive the H.R. 1101 would give AHPs broad discretion Health Care Act, which will repeal to omit important health benefits. many of ObamaCare’s taxes and man- coverage for which they pay their dates and replace it with free market monthly premium. These protections Determine eligibility for coverage: While reforms. are the very core of a State regulatory H.R. 1101 would require AHPs to comply with But there is much more that can be system that has protected consumers ERISA non-discrimination provisions, the done. Perhaps the only thing that has for nearly 150 years . . . history has AHP board would retain sole discretion to approve applications for participation in the prevented ObamaCare from causing demonstrated that AHP-type entities have done more harm than good to plan and to set premiums based on an em- even more widespread damage was the small businesses.’’ ployer’s health care claims experience. success of ERISA, employer-sponsored Mr. Speaker, we also received a letter Maintain inadequate reserves: H.R. 1101 ap- health insurance. from The Main Street Alliance, which We believe small businesses deserve plies federally determined solvency stand- said: ‘‘In short, H.R. 1101 would result ards that are weaker than state standards, the same protections that large busi- in higher premiums and poorer cov- nesses do, and that is why we are pass- exposing plan members to the risk of insol- erage for the most vulnerable small- vency and unpaid medical bills. ing this legislation today. The Small business owners, would destabilize the Because AHPs would compete with state- Business Health Fairness Act takes small group market, and would lead regulated plans on an uneven playing field, positive steps toward creating a more small-business owners and employees they would likely cherry-pick healthy small competitive healthcare marketplace, to assume unnecessary financial employer groups, making the risk pool in the lowering insurance costs for many risks.’’ state-regulated market less healthy and small employers. We also heard from the Consumers more costly. In addition, those who obtain Mr. Speaker, why would anybody Union: ‘‘Consumer’s Union has long coverage through an AHP would likely have care if association health plans got to- raised the inadequacies of AHPs . . . benefits that lack coverage for essential gether and allowed me to purchase in- and urges Congress to reject them as services and would expose them to higher surance across a State line? likely to fragment the insurance risk out-of-pocket costs and potential plan insol- I have a community in my district pool and provide minimal and nonuni- vencies. In fact, numerous AHPs offered in where the State line on one side of the form benefits exempt from State ben- street is Bristol, Virginia, on the other the past have gone insolvent and left con- efit mandates.’’ sumers uninsured and with unpaid medical side is Bristol, Tennessee. Why would We also heard from a long coalition bills. it matter? Why couldn’t I purchase of consumer groups, providers, and that insurance across the State line if labor unions which said that this bill The Association has serious concerns that it helped my employees and lowered would just move backward to a two- AHPs would lead to a two-tiered market, in costs? tiered system that makes it harder to which AHPs offer inadequate coverage to And, by the way, Mr. Speaker, the purchase comprehensible, affordable healthy groups only, while state-regulated Affordable Care Act is working so well coverage for all but a minority of small plans provide adequate coverage with con- for consumers that 18 out of 23 of the businesses. sumer protections but at increasingly higher co-ops went broke, leaving hundreds of Mr. Speaker, I include in the RECORD premiums. For these reasons, we urge you to thousands of people to search for insur- these letters. oppose the Small Business Health Fairness Act of 2017, H.R. 1101. ance coverage. AMERICAN DIABETES ASSOCIATION, For the past 8 years, House Repub- March 21, 2017. If you have questions or would like to dis- licans have engaged the administration Hon. PAUL RYAN, cuss this issue, please contact Rob Gold- and encouraged them to work with us Speaker, House of Representatives, smith, Director, Federal Government Af- to implement a more patient-centered Washington, DC. fairs. healthcare system; but, instead of Hon. NANCY PELOSI, Sincerely, Democratic Leader, House of Representatives, LASHAWN MCIVER, MD, MPH, working with us on a common goal, Washington, DC. they have layered on additional costs Senior Vice President of Advocacy, DEAR SPEAKER RYAN AND LEADER PELOSI: American Diabetes Association. for small businesses. On behalf of the nearly 30 million Americans

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.051 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2324 CONGRESSIONAL RECORD — HOUSE March 22, 2017

NATIONAL ASSOCIATION OF INSUR- NAIC President, Com- AHPs may save money in the short-term by ANCE COMMISSIONERS & THE CEN- missioner, Wisconsin avoiding costs of consumer protections, en- TER FOR INSURANCE POLICY AND Office of the Com- rollees would receive less robust coverage RESEARCH, missioner of Insur- and may be left without important protec- February 28, 2017. ance. tions right when they need them the most. Hon. VIRGINIA FOXX, ERIC A. CIOPPA, Furthermore, the bill would destabilize the Chair, Committee on Education and the Work- NAIC Vice President, small group and individual market by exac- force, House of Representatives, Wash- Superintendent, erbating adverse selection, driving up costs ington, DC. Maine Bureau of In- for the most vulnerable enrollees. Under the Hon. ROBERT C. SCOTT, surance. proposed legislation, AHPs would compete Ranking Member, Committee on Education and JULIE MIX MCPEAK, with other small group and individual mar- the Workforce, House of Representatives, NAIC President-Elect, ket plans. The proposed legislation would Washington, DC. Commissioner, Ten- allow employers with younger, healthier DEAR MADAME CHAIRWOMAN AND MR. RANK- nessee Department workforces to withdraw their employees ING MEMBER: The U.S. House Education and of Commerce & In- from a state’s small group market thus leav- the Workforce Committee is once again surance. ing behind small businesses with older and scheduled to consider legislation that would DAVID C. MATTAX, sicker employees. While the rates may drop allow a new category of health insurance NAIC Secretary-Treas- for those businesses that belong to associa- company, ‘‘Association Health Plans urer, Commissioner tions, which offer health coverage, premiums (AHPs),’’ to form and operate outside the au- of Insurance, Texas will increase for the remaining. This adverse thority of state regulators and beyond the Department of In- selection would make it harder for higher- reach of proven state consumer protections surance. cost individuals or groups to obtain cov- and solvency laws. This bill, H.R. 1101, would erage. Finally, the proposed legislation could ex- adversely impact consumers and the Na- THE MAIN STREET ALLIANCE, tional Association of Insurance Commis- Washington, DC, March 8, 2017. pose employers and employees to financial ruin. The proposed legislation would allow sioners (NAIC) urges you to oppose it. Chairwoman VIRGINIA FOXX, The NAIC, which represents the nation’s certain AHPs to self-insure and accept insur- Washington, DC. insurance regulators, shares the sponsors’ ance risk. Because of the current regulatory Ranking Member BOBBY SCOTT, concern for the growing number of small void, AHPs are not subject to state solvency Washington, DC. business owners and employees who cannot requirements that are in place to ensure in- DEAR CHAIRWOMAN FOXX, RANKING MEMBER afford adequate coverage. However, the root surance companies have sufficient resources SCOTT, AND MEMBERS OF THE HOUSE EDU- cause of this problem is the steadily rising to avoid financial failure. As with unregu- CATION AND WORKFORCE COMMITTEE: On be- cost of healthcare merely reflected in pre- half of the Main Street Alliance, I write to lated multiple employer welfare arrange- miums, and this legislation would do nothing express opposition to the ‘‘Small Business ments, AHPs could experience bank- to address that reality. In fact, we fear the Health Fairness Act’’ (H.R. 1101). The Main ruptcies—leaving millions of small employ- legislation could actually increase the cost Street Alliance is a national network of ers and workers without health coverage due of insurance for many small businesses small business owners across the country. to insolvencies. whose employees are not members of an In short, H.R. 1101 would result in higher Access to affordable, high-quality health AHP. premiums and poorer coverage for the most coverage has been a core concern for small Even more troubling than prescribing a vulnerable small business owners, would de- businesses for years, and slowing the sky- treatment that does not address the under- stabilize the small group market, and would rocketing rate increases continues to be a lying disease, the legislation would actually lead small business owners and employees to top priority for our membership. Unfortu- harm consumers by further segmenting the assume unnecessary financial risks. The nately, the proposed legislation would erode small group market, eliminating critical Main Street Alliance strongly urges you to important gains in premium stabilization state consumer protections, and could lead oppose the legislation. to increased fraud and plan failures. This while causing our business owners to assume Please feel free to contact Michelle legislation would encourage AHPs to ‘‘cher- unnecessary financial risks. Sternthal, Policy Director for the Main As you may know, prior to the Affordable ry-pick’’ healthy groups by designing benefit Street Alliance, with any questions. Care Act (ACA) small business owners paid packages and setting rates so that unhealthy Sincerely, substantially more on average for health groups are disadvantaged. This, in turn, AMANDA BALLANTYNE, coverage and received fewer comprehensive would make existing state risk pools even National Director. riskier and more expensive for insurance car- benefits than larger companies. They also experienced broad unpredictability in costs, riers, thus making it even harder for sick CONSUMERSUNION, with premiums varying wildly from year to groups to afford insurance. In addition, the March 21, 2017. year. One employee’s expensive illness could legislation as written would eliminate all HOUSE OF REPRESENTATIVES, state consumer protections and solvency cause the insurance rates for the whole firm to spike in subsequent years. Washington, DC. standards that ensure consumers receive the DEAR REPRESENTATIVE: We are writing Critical market reforms instituted through coverage for which they pay their monthly today to oppose the Small Business Health the ACA addressed many of these concerns. premium. These protections are the very Fairness Act (H.R. 1101) and the proposed Insurance companies in the individual and core of a state regulatory system that has rules for association health plans. protected consumers for nearly 150 years. As small-group market—including association Today, small businesses are already able to we have already seen in the past when such health plans—can no longer charge small join together to purchase coverage through plans were allowed under federal law, con- firms higher premiums based on their busi- Association Health Plans (AHPs). These sumers will be left with unpaid claims and ness sector, an employee’s health status, AHPs are currently regulated by the states, nowhere to turn when they are harmed. A age, or gender. Nor can they offer sub-par just like other insurance in the small group prior law along the lines of H.R. 1101 was re- plans that exclude essential services, such as market. H.R. 1101 would allow an AHP to be pealed because it was found to harm con- maternity care or pediatric care. Instead, entirely exempt from state regulation by sumers; the same mistake should not be they must now base their pricing on the cost being self-insured or following the rules of a made again. of covering all individuals in the market, not single state nationwide. We recognize that supporters of AHPs are just one firm. Participating in this larger ConsumersUnion has long raised the inad- well intentioned, looking for solutions to the risk pool means that small business owners, equacies of AHPs as a solution to improving same problems we are seeking to address, like their larger counterparts, are no longer access and strengthening the health of insur- but history has demonstrated that AHP-type vulnerable to sharp swings in their rates ance markets, and urges Congress to reject entities have done more harm than good to based on the health of a few employees. It them as likely to fragment the insurance small businesses. A far broader approach to also means that they can expect a basic risk pool and to provide minimal and non- the existing problems—one that addresses quality assurance with any health plan they uniform benefits exempt from state benefit healthcare spending, allows more innova- select. mandates. These plans would split the tion, and permits more state flexibility—is H.R. 1101 would undermine these protec- healthy from the sick and drive up costs for necessary to bring real relief to small busi- tions by allowing small employer groups and those who do not enroll in them. nesses. The federal government and the individuals to join together to obtain health As a non-partisan, independent organiza- states need to work with healthcare pro- insurance through an unregulated association that has advocated for the best con- viders, insurers and consumers to implement tion health plan (AHP). These plans would be sumer products and policies for more than 80 effective reforms that will curb spending and exempt from the ACA reforms identified years, we believe that altering the rules for make insurance more affordable to small above, along with any state laws. This would AHPs as proposed in this bill would under- businesses. Rehashing strategies that have allow them to ‘‘cherry pick’’ good risk mine consumers’ access to fairly priced, failed would not be a step forward. It is time through the design of the benefit package or quality health coverage. to move on and find more effective solutions. choice of service area. AHPs could also have Our objections are that: Sincerely, limited risk simply due to the types of busi- AHPs would be offered alongside other TED NICKEL, nesses that belong to the association. While small group and individual market plans.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.021 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2325 However, they would operate under different Mr. CHABOT. Mr. Speaker, I want to ability to give others a good job along rules. Past experience shows this is likely to thank the gentlewoman from North with the dignity and respect they de- lead to cherry-picking, adverse selection, Carolina for her leadership on this serve to provide for their family, their and increased costs for sicker individuals and small businesses. Put another way, this issue. community, their church, and, yes, would lead to health risk being segmented Mr. Speaker, I rise to voice my this Nation. with the less healthy consumers excluded strong support for H.R. 1101, the Small All hardworking American small- from the AHP risk pool. A core, long-held Business Health Fairness Act. I thank business owners should be able to give ConsumersUnion principle is to support my colleagues from Ways and Means their employees these same opportuni- broad pooling of risk as fairer and more cost- and from the Education and the Work- ties. For this reason, I am a strong sup- effective for consumers. We do not support force Committee for getting this great porter of the Small Business Health lower rates for healthiest consumers at the idea onto paper and moving this bill expense of older or sicker consumers. Fairness Act legislation, which would This Act would undermine state consumer forward today. allow small businesses to band to- protection laws by restricting the ability of As chairman of the House Small gether and purchase health care for states to regulate AHPs. This loss of protec- Business Committee, I am always very workers and their families at a lower tions could lead to increased fraud, inad- appreciative to see Members from cost. equate coverage and consumer-unfriendly across this body find solutions for Folks, this is innovation. This is benefit designs. In July 2003, Consumer Re- small businesses. That is exactly what ports profiled similar plans in a story enti- what the small business community this bill is. does. Small businesses are the back- tled Phony Health Insurance. The story For virtually any one of us in this noted that fraudulent sales and financial in- bone of America. I will fight for their stability stiffed consumers for $65 million in Chamber, it can be said that hundreds strength and their survival. unpaid medical bills. of thousands of our constituents de- Mr. SCOTT of Virginia. Mr. Speaker, This Act would give AHPs sole discretion pend on small businesses for their live- I reserve the balance of my time. to select what type of care they will and will lihoods. They have been looking to Ms. FOXX. Mr. Speaker, I now yield not include in their products; this is a depar- those same small businesses for op- 2 minutes to the distinguished gen- ture from current policy, which only permits tions, as ObamaCare has done the oppo- AHPs that meet insurance standards set for tleman from Michigan (Mr. MITCHELL), the individual and small group market. Con- site of what it was supposed to do and a member of the committee. sumers who buy into these plans will lose it has diminished choices for workers. Mr. MITCHELL. I thank the gentle- the guarantees of care created by the ACA’s By allowing small businesses to join woman from North Carolina for yield- essential health benefits and actuarial value together through association health ing me time. requirements—likely unknowingly—and will plans, the Small Business Health Fair- Mr. Speaker, I rise in support of the have difficulty knowing what AHPs cover. ness Act would give small business em- Small Business Health Fairness Act. It is unlikely that these AHPs will be able ployees at least as many choices as to attract enough members to be able to ne- We have all talked a lot about our plan gotiate more effectively with providers, com- those who happen to work for larger to repeal and replace ObamaCare. This pared to large insurers already operating in companies. legislation is a key component of our these states. Consequently, we do not believe Association health plans have long rescue mission for health care in Amer- that these designs will lower costs for con- been a solution suggested by small ica. sumers. businesses that share their views with Multiple Employer Welfare Arrangements Small businesses have been hit par- me and other members of the Small ticularly hard by ObamaCare’s man- (MEWAs) once operated in a regulatory vac- Business Committee. This bill puts uum similar to the one proposed through dates, skyrocketing costs, and limited that idea finally into action. choices. Small-business owners, many H.R. 1101. Self-funded MEWAs had no clear Mr. Speaker, in our current state of regulatory authority, as initially it appeared of whom want to provide health care affairs, there are fewer and fewer that ERISA exempted them from state-level for their employees, have told me that healthcare options available for hard- regulatory oversight. Multiple MEWA bank- they are struggling to do so because of working Americans. This bill addresses ruptcies resulted, and consumers had limited ObamaCare. avenue for redress. In the absence of clear that problem for our hardest hit small This legislation would level the play- regulatory authority over AHPs, insolven- businesses and communities. ing field for small businesses by allow- cies could leave millions of small employers While we begin the hard work of ing them to band together to increase and workers without health coverage or re- making health care not only affordable dress. Current state solvency standards have bargaining power to lower costs. It but worth buying at all, this bill is an a 150 year track record of protecting con- would expand affordable care for fami- important step in giving Americans the sumers and should not be undermined. lies trying to secure health insurance certainty and choices that they want. I We believe there are much better, time- through their employer and lower costs tested ways to increase the availability, af- would urge my colleagues on both sides for small businesses with limited re- fordability, and accessibility of health insur- of the aisle to support this bill. ance for consumers—approaches that rely on Mr. SCOTT of Virginia. Mr. Speaker, sources. the wise and accepted insurance principles of I reserve the balance of my time. In addition, this bill includes strong broad pooling of risks and avoidance of risk Ms. FOXX. Mr. Speaker, I yield 2 protections for patients with pre- selection—without resorting to the detri- existing conditions, a top priority of mental effects of H.R. 1101. We note that the minutes to the distinguished gentleman from Georgia (Mr. ALLEN), a mine and many of my colleagues as we National Association of Insurance Commis- work for healthcare reform in America. sioners, as well as the American Academy of member of our committee. Actuaries, has similar, grave concerns about Mr. ALLEN. Mr. Speaker, I thank Today we are acting on our promises this Act. the chairwoman for her leadership on to deliver relief from ObamaCare. We Sincerely, this important bill. are returning power where it belongs, LAURA MACCLEERY, Mr. Speaker, today I rise in support choice where it belongs: to patients Vice President, Con- of H.R. 1101, the Small Business Health and doctors, not Washington. sumer Policy and Fairness Act. I urge you to support the Small Busi- Mobilization, Con- Since 2008, the number of small business Health Fairness Act. sumer Reports. nesses offering health insurance to its Mr. SCOTT of Virginia. Mr. Speaker, LYNN QUINCY, I yield myself such time as I may con- Associate Director, employees has dwindled nearly 36 per- Health Policy, Con- cent. The culprit? Well, ObamaCare. sume. sumer Policy and You know, the American people de- Mr. Speaker, the bad idea in this plan Mobilization, Con- serve choice. I have lived this reality. I has been exposed in one of the letters sumer Reports. owned and operated a small business that I mentioned. I said there are a lot Mr. SCOTT of Virginia. Mr. Speaker, for over 40 years back home in Georgia. of consumer groups, and I just want to I reserve the balance of my time. I know how ObamaCare premium in- name the groups that signed the letter. Ms. FOXX. Mr. Speaker, I now yield creases hurt and, in some cases, affect The American Nurses Association; the 11⁄2 minutes to the gentleman from a business’ ability to provide health Alliance for Retired Americans; the Ohio (Mr. CHABOT), the distinguished care for its employees. American Cancer Society Cancer Ac- chairman of the Small Business Com- I believe the greatest gift God gave tion Network; the American Diabetes mittee. me as a small-business owner was the Association; the American Federation

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.024 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2326 CONGRESSIONAL RECORD — HOUSE March 22, 2017 of State, County and Municipal Em- have very serious concerns that H.R. b 1445 ployees; the Association of Reproduc- 1101 would create preferential rules Mr. SCOTT of Virginia. Mr. Speaker, tive Health Professionals; Bazelon Cen- that would allow an AHP to be entirely I reserve the balance of my time. ter for Mental Health Law; Community exempt from State regulation by being Ms. FOXX. Mr. Speaker, I have no Catalyst; Consumers Union; Families self-insured or follow the rules of a sin- further speakers, and I reserve the bal- USA; International Union, United gle State nationwide. Research clearly ance of my time. Automobile, Aerospace and Agricul- shows that creating special rules for Mr. SCOTT of Virginia. Mr. Speaker, tural Implement Workers of America— AHPs and exempting them from State I yield myself the balance of my time. the UAW; NARAL Pro-Choice America; regulation would lead to major prob- Mr. Speaker, association plans will the National Council of La Raza; the lems, including . . . increased insol- help the fortunate few who can get in National Education Association; the vency risk . . . increased costs for so long as the members of that associa- National Institute for Reproductive older, sicker workers.’’ Therefore, they tion remain healthier than average. Health; National Partnership for are also in opposition to this legisla- But everybody else will pay more. Fur- Women and Families; National Wom- tion. thermore, these plans, when they are en’s Health Network; Raising Women’s I include in the RECORD the entire formed under the bill, will evade im- Voices for the Health Care We Need; letter. portant State regulations that could and the Service Employees Inter- BLUECROSS BLUESHIELD ASSOCIATION, improve solvency and provide impor- national Union all oppose this legisla- Washington, DC, March 7, 2017. tant consumer protections. tion. Hon. VIRGINIA FOXX, This is not unlike the philosophy, I Mr. Speaker, I reserve the balance of Chair, Committee on Education and the Work- guess, on the other replace bill where my time. force, House of Representatives, Wash- ington, DC. 24 million fewer people will have insur- Ms. FOXX. Mr. Speaker, I yield 2 Hon. ROBERT C. SCOTT, ance; the rest will pay more and get minutes to the distinguished gen- Ranking Member, Committee on Education and less; while millionaires benefit with tleman from Minnesota (Mr. LEWIS), a the Workforce, House of Representatives, huge tax cuts. In this, the fortunate member of our committee. Washington, DC. few benefit to the expense of everybody Mr. LEWIS of Minnesota. Mr. Speak- DEAR MADAM CHAIRWOMAN AND MR. RANK- else. er, I thank the gentlewoman from ING MEMBER: The Blue Cross and Blue Shield I would hope we would defeat the leg- North Carolina for her leadership here Association shares your commitment to en- islation. suring small employers are able to provide and on the committee as well. their employees with high quality, afford- Mr. Speaker, I yield back the balance Mr. Speaker, I rise today in support able health coverage. However, we are con- of my time. of H.R. 1101, the Small Business Health cerned that H.R. 1101, the ‘‘Small Business Ms. FOXX. Mr. Speaker, I yield my- Fairness Act. Health Fairness Act’’ would not accomplish self such time as I may consume. It is amazing as a freshman in this this critical goal, as it does not reflect key Mr. Speaker, some of our colleagues body to watch this debate over what we principles that are essential to ensuring a on the other side of the aisle have are trying to do on this side when we viable private health insurance market: (1) spent a lot of their time extolling know what has already transpired, all competitors should abide by the same set ObamaCare and indicating that we what has been done: of rules; and (2) states should have clear au- should just stay with what we have, thority to regulate. The Affordable Care Act was going to Today, small businesses are able to join to- but we all know that ObamaCare is lower our premiums $2,500. That is gether to purchase coverage through associa- failing. what the President said. But they went tion health plans (AHPs). AHPs are cur- Republicans are on a rescue mission. up by $4,800. rently regulated by the states, just like We truly do have a better way. As some In my home State of Minnesota, we other insurance in the small group market, of my colleagues have stated, we will have seen back-to-back increases of 55 and can be a good option for small employers be passing the American Health Care and 67 percent, 100,000 people thrown who want to provide their employees with af- Act tomorrow. What we are doing here fordable coverage. off their plan. We have very serious concerns that H.R. with this bill is something we could We have got 1,000 counties in this 1101 would create preferential rules that not include in that legislation that will country with just one insurer. would allow an AHP to be entirely exempt round out what it is we want to do with The exchanges are imploding. As from state regulation by being self-insured keeping our promise in what we prom- young, healthy people can’t afford the or follow the rules of a single state nation- ised last year in our program called A premiums, they drop out, and the pools wide. Research clearly shows that creating Better Way. only have the older and the sicker. special rules for AHPs and exempting them Let me just talk a little bit about the We have job lock, where people try- from state regulation would lead to major failures of ObamaCare. As my col- problems, including: ing to start a small business can’t get Increased insolvency risk: The legislation leagues have said, all the promises the same tax advantages or purchasing as drafted would allow for some AHPs to be were broken: if you wanted to keep power as those in big companies. entirely exempt from state regulation, and your doctor, you could keep your doc- So what to do? We are going to sta- instead operate under very limited federal tor; if you wanted to keep your bilize the insurance markets through rules and oversight. Past experiences with healthcare plan, you could keep your choice and competition, and that is these kinds of arrangements left millions healthcare plan. Those promises were what H.R. 1101 does. It lowers pre- without health coverage and unpaid claims the most obvious ones that went away. miums. It enlarges pools. We do that. due to insolvencies. Increased costs for older, sicker workers: The cost of health care would be going We must do that to save the health in- Ultimately, H.R. 1101 would make it much down, and none of that happened. surance markets and health care in harder for small employers with older, sicker Mr. Speaker, in addition to that, America. That is the agenda of H.R. workers to obtain coverage. This is because there is a 25 percent average increase 1101. That is the agenda of what we are lower-cost groups would move to a more in premiums this year for millions of trying to do in global healthcare re- loosely regulated AHP with fewer benefit Americans trapped in ObamaCare, form. and rating rules, while older and/or high-cost healthcare.gov exchanges. Nearly one- So today, as we debate how to fix groups would remain in traditional insur- third of U.S. counties have only one in- ance plans. health care in America, let us not for- Attached is a compendium of research find- surer offering exchange plans; 4.7 mil- get the status quo and the debacle it is. ings, which provides overwhelming evidence lion Americans were kicked off their So I stand and I urge my colleagues to that AHP legislation would make health in- healthcare plans by ObamaCare. There support this bill, and I further urge my surance less accessible, less affordable and was $1 trillion in new taxes, mostly colleagues to finish the job over what less secure for small employers and indi- falling on families and job creators; 18 we are starting on real healthcare re- vidual consumers. failed ObamaCare co-ops out of 23, form. We look forward to working with you on which my colleague from Tennessee so Mr. SCOTT of Virginia. Mr. Speaker, solutions that can be taken to improve access and affordability for small employers. eloquently pointed out. I just want to quote from another let- Sincerely, These were established as an alter- ter that we received from Blue Cross ALISSA FOX, native to the public option. Those Blue Shield Association. They say: ‘‘We Senior Vice President. healthcare co-ops collapsed, costing

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.053 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2327 taxpayers nearly 1.9 billion and forcing and the Committee on Education and currently exist are able to continue to oper- patients to find new insurance; $53 bil- the Workforce for their work on this ate in accordance with existing state and lion in new regulations requiring more important bill that will benefit small federal law without being disadvantaged by than 176,800,000 hours of paperwork. businesses and the families who work this new federal legislation. The Chamber appreciates your commit- ObamaCare regulations are driving up for them. ment to small businesses and to ensuring healthcare premiums and costing My amendment to the Small Busi- that current affordable coverage options small-business employees at least $19 ness Health Fairness Act provides a continue to be available alongside new op- billion annually. straightforward clarification to ensure tions in a nondiscriminatory and fair envi- As I said in the hearing that we had that existing association health plans ronment. Thank you for your dedication and on this bill, the Democrats want a co- can continue to operate and provide efforts, and we look forward to continuing to ercive system. Republicans want a sys- high-quality, affordable care to as work with you to advance the priorities and tem based on freedom. many people as possible. interest of business. Today we have an opportunity to This amendment safeguards associa- Sincerely, RANDEL K. JOHNSON. make a real difference in the lives of tion health plans that have been suc- hardworking men and women who are cessfully operating under State and Ms. HERRERA BEUTLER. Mr. employed by small business. We have Federal law—many of them for dec- Speaker, I am confident that the un- an opportunity to deliver much-needed ades. We will be making certain that derlying legislation before us today relief to small-business owners who are they would not inadvertently be dis- will improve the ability of small busi- trying to do the right thing and pro- advantaged by new Federal legislation nesses to access affordable, high-qual- vide high-quality healthcare coverage or regulation or vulnerable to efforts ity health coverage in every State for their employees. This legislation to restrict access and limit choices. across the country. However, first, this represents a truly positive reform that Why do we need this amendment? body should, as clearly as possible, en- will help lower healthcare costs for Because I fear what happened in my sure that those States that already working families and put small busi- State will happen in others, where the have successfully operating association nesses on a fair and level playing field. insurance commissioner attempted to health plans are not disrupted, which is Small businesses are the backbone of reject 42 out of about 60 association what my amendment would do. our Nation’s economy, and there is no health plans. His office interpreted I urge my colleagues to support this reason why they should be at a dis- ObamaCare as giving him a mandate as amendment, and I thank the chair- advantage when it comes to finding an justification for attempting to elimi- woman for her work on this. affordable healthcare plan. They nate virtually all of these popular Mr. Speaker, I reserve the balance of should be treated in the same fashion plans. By adopting my amendment, it my time. as larger businesses and have the abil- will make crystal clear in the under- Mr. SCOTT of Virginia. Mr. Speaker, ity to craft healthcare plans that meet lying bill that this won’t be tolerated, I ask unanimous consent to claim the the needs of their employees. If we and it will support both existing and time in opposition, although I am not want to encourage small businesses to future association health plans. opposed to the amendment. offer health care at a lower cost to Talk to one of the nearly 400,000 indi- The SPEAKER pro tempore. Is there workers, this is one commonsense step viduals in my home State of Wash- objection to the request of the gen- we can make. ington who get their care from an asso- tleman? Again, I thank our colleague, Con- ciation plan, and you will find out why There was no objection. gressman SAM JOHNSON, a true patriot so many Washington businesses renew The SPEAKER pro tempore. The gen- and servant of this country, for his their plans every year. tleman is recognized for 5 minutes. longtime support of this legislation. Our State has been fortunate to have Mr. SCOTT of Virginia. Mr. Speaker, I urge my colleagues to vote ‘‘yes’’ a robust AHP market that has become I appreciate the intent of the amend- on H.R. 1101, the Small Business Health essential to providing cost-effective ment offered by the gentlewoman from Fairness Act, which will help more choices to small-business employers, Washington, which seems to allow Americans access high-quality, afford- thanks to bipartisan legislation en- health association plans that are cur- able health care. acted in the mid-1990s. In the case of rently in existence to continue to oper- Mr. Speaker, I yield back the balance one association plan operating in my ate under existing State and Federal of my time. State, roughly 40 percent of partici- law. In fact, giving States the ability The SPEAKER pro tempore. All time pating small-business employers did to regulate association plans is very for debate on the bill has expired. not previously offer health coverage. important. That is why I oppose the My amendment is supported by the AMENDMENT NO. 1 OFFERED BY MS. HERRERA underlying bill. BEUTLER U.S. Chamber of Commerce. In its let- The amendment also points out an- Ms. HERRERA BEUTLER. Mr. ter to me, which I include in the other interesting fact, and that is asso- Speaker, I have an amendment at the RECORD, the U.S. Chamber indicated ciations currently exist under current desk. that it shares my interest in making law, and the underlying bill simply The SPEAKER pro tempore. The sure that State-based association unravels most of the regulations that Clerk will designate the amendment. health plans that currently exist are apply to them, and this amendment The text of the amendment is as fol- able to continue operating in accord- would at least maintain State regula- lows: ance with existing State and Federal tions. Add at the end of section 6 the following: law. My amendment is also supported We know that this bill creates win- (c) COORDINATION WITH EXISTING LAW.— by the Association of Washington Busi- ners and losers. The winners are those Nothing in this Act shall require plans to be- ness. who are young and healthy enough to come certified under section 802 of the Em- CHAMBER OF COMMERCE OF THE be invited into an association. The los- ployee Retirement Income Security Act of UNITED STATES OF AMERICA, ers are small businesses and employers 1974, as amended by this Act, or require plans Washington, DC, March 20, 2017. that are not certified under such section to who are older, sicker, or just have Hon. JAIME HERRERA BEUTLER, more costly health bills. There is no comply with the requirements under part 8 House of Representatives, of such Act, except to the extent provided in Washington, DC. guarantee that plans under this legisla- section 809 of such Act. DEAR CONGRESSWOMAN HERRERA BEUTLER: tion will have the standard level of The SPEAKER pro tempore. Pursu- Thank you for your attention to the con- benefits or consumer protections, and ant to House Resolution 210, the gen- cerns raised by the Association of Wash- that is why I am disappointed that the tlewoman from Washington (Ms. HER- ington Businesses regarding H.R. 1101, the majority failed to rule any Democratic ‘‘Small Business Health Fairness Act.’’ The RERA BEUTLER) and a Member opposed amendments submitted to the Rules U.S. Chamber of Commerce has several state Committee in order, although each and each will control 5 minutes. chambers of commerce members that pro- The Chair recognizes the gentle- vide state-based quality health care coverage every one was germane. woman from Washington. to their member companies. The Chamber The gentleman from New York (Mr. Ms. HERRERA BEUTLER. Mr. shares your interest in making sure that the ESPAILLAT), who is a member of the Speaker, I thank Chairwoman FOXX state-based Association Health Plans that committee, offered an amendment that

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.055 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2328 CONGRESSIONAL RECORD — HOUSE March 22, 2017 would have protected the ability of the a technical change here that allows order treatment, consistent with the sub- States to regulate any association continued existing plans to operate. stance use disorder services defined as an es- health plan, including regulation re- Who can be opposed to existing plans sential health benefit by the Secretary under lated to benefits, consumer protec- operating and offering more options subparagraph (E) of section 1302(b)(1) of the Patient Protection and Affordable Care Act tions, and rating restrictions. Rep- and more plans? (42 U.S.C. 18022(b)(1)).’’. resentative TORRES from California of- This is exactly what Republicans are fered an amendment to ensure that as- doing right now. We are fighting to Ms. SHEA-PORTER (during the read- sociation plans cover 10 essential make sure that the families and the ing). Mr. Speaker, I ask unanimous health benefits under the Patient Pro- people we represent have those options consent to dispense with the reading. tection and Affordable Care Act. and their choices, that they can keep The SPEAKER pro tempore. Is there One amendment was offered by Rep- their doctor, that their health pre- objection to the request of the gentlewoman from New Hampshire? resentatives SUSAN DAVIS of California miums will come down, that they can There was no objection. and SUZANNE BONAMICI from Oregon— maybe get a plan through their work, both committee members—would have or maybe they will be able to get into The SPEAKER pro tempore. The gen- required association plans to provide the individual market and self-insure— tlewoman from New Hampshire is rec- for women’s health benefits, including options—because one size does not fit ognized for 5 minutes. maternity care. all, which is why this bill is crucial and Ms. SHEA-PORTER. Mr. Speaker, Representatives BONAMICI, DAVIS, and why my amendment to this bill makes this is the final amendment to the bill, WILSON also offered an amendment to it better. That is why we are going to which will not kill the bill or send it prevent this legislation from taking ef- move forward and make sure that more back to committee. If adopted, the bill fect if it would lead to increased pre- Americans have access to care—not will immediately proceed to final pas- miums for older workers. These older just on paper—but care that gets them sage, as amended. workers will not be able to get into the to in to the doctor, that gets them the Mr. Speaker, I rise today on behalf of associations because they would in- care that they need, whether it is a the families and communities across crease average costs of the association, specialist or a primary care doctor. the Nation that are confronting a pub- and the point of the association is to Mr. Speaker, I yield back the balance lic health threat of our time: the her- get away from high-cost enrollees like of my time. oin, fentanyl, and prescription opioid older Americans. So these older people Mr. SCOTT of Virginia. Mr. Speaker, crisis. will be left out of the pool with other I would point out that when one size This motion would simply ensure older and sicker workers where they fits all, everybody can benefit; but that the health insurance plans that will necessarily be paying more. when you start picking and choosing today’s bill would permit must still It is simple arithmetic. Their amend- winners and losers, some will benefit cover substance use disorder treatment would have been particularly im- and many others will lose. Under this ment, including for opioids, as an es- portant because we know that the Re- bill, a fortunate few who get into asso- sential health benefit. publican replacement plan contains an ciation plans will benefit; everybody Under current law, we require insur- age tax that will severely disadvantage else loses. ers to cover this treatment. Before the older populations. Mr. Speaker, I yield back the balance Affordable Care Act, many insurers ei- None of the Democratic amendments, of my time. ther didn’t cover treatment at all or although germane, were allowed under The SPEAKER pro tempore. All time imposed onerous requirements that the rule, and there does not seem to be for debate has expired. blocked people from getting needed any earnest attempt to look to try to Pursuant to the rule, the previous care. correct the shortcomings of the bill. So question is ordered on the bill, as H.R. 1101 would roll back that guar- while I do not intend to oppose this amended, and on the amendment of- antee. It would allow association amendment, I do not think the amend- fered by the gentlewoman from Wash- health plans to return to the kind of ment is enough of an improvement of ington (Ms. HERRERA BEUTLER). skimpy coverage that left so many peo- the bill, nor does it change the under- The question is on the amendment by ple struggling with an opioid disorder lying fact that the legislation does not the gentlewoman from Washington in dire straits at critical moments. We adequately protect small businesses, (Ms. HERRERA BEUTLER). know there is often a narrow window of workers, and their families, nor does it The amendment was agreed to. opportunity—after an overdose, for ex- help those left behind who are not in- The SPEAKER pro tempore. The ample—for someone to commit to vited into the association who will nec- question is on the engrossment and treatment, and these are the moments essarily be paying more. third reading of the bill. when being able to make a single phone Mr. Speaker, if those on the other The bill was ordered to be engrossed call can make all the difference. side of the aisle want to go on a rescue and read a third time, and was read the This week’s debate about health care mission, they ought to improve things, third time. is extremely important. Will we decide to work together to improve the Amer- not make things worse. For most b 1500 Americans, this bill will make things ican people’s access to quality, afford- worse, and, tomorrow, 24 million Amer- MOTION TO RECOMMIT able health care or weaken benefits and icans will be left out while many oth- Ms. SHEA-PORTER. Mr. Speaker, I kick 24 million or more of our constitu- ers will be paying more for less while have a motion to recommit at the ents off their plans? We all need to millionaires get huge tax cuts. That is desk. speak up on behalf of those whose lives not an improvement. The SPEAKER pro tempore. Is the have been turned around because they Mr. Speaker, I reserve the balance of gentlewoman opposed to the bill? can now access health care. my time. Ms. SHEA-PORTER. I am opposed in As I talk to families, medical profes- Ms. HERRERA BEUTLER. Mr. its current form. sionals, and law enforcement officials Speaker, how much time do I have re- The SPEAKER pro tempore. The in my district, I hear stories that high- maining? Clerk will report the motion to recom- light the dramatic impact that im- The SPEAKER pro tempore. The gen- mit. proved access to coverage has had in tlewoman has 21⁄2 minutes remaining. The Clerk read as follows: making treatment a real option for Ms. HERRERA BEUTLER. Mr. Ms. Shea-Porter moves to recommit the people with substance use disorder. Speaker, I would just like to say that bill H.R. 1101 to the Committee on Education This week, we see that base of coverage part of the reason this underlying bill and the Workforce, with instructions to re- is under serious threat. In fact, experts is so critical is because we just don’t port the same back to the House forthwith estimate that repealing the Affordable believe one size fits all. When it comes with the following amendment: Care Act’s coverage provisions would Page 15, after line 22, insert the following: to health coverage, we need to make ‘‘(6) SUBSTANCE USE DISORDER TREAT- cause about 2.8 million Americans with sure that there are many different op- MENT.—Notwithstanding subsection (b), the a substance use disorder to lose some tions for families, individuals, and plan provides for coverage for substance use or all of their coverage. The quality of businesses. We are clarifying basically disorder treatment, including opioid use dis- that coverage is also at risk.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.058 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2329 Thanks to the Affordable Care Act, able healthcare coverage. By rejecting Scott, David Swalwell (CA) Visclosky insurance must now cover treatment this motion and supporting the under- Serrano Thompson (CA) Walz Sewell (AL) Thompson (MS) Wasserman for behavioral health and substance use lying bill, we can take an important Shea-Porter Titus Schultz disorder, just the same as it would step in keeping our promise to deliver Sherman Tonko Waters, Maxine cover any other medical service. These free-market, patient-centered Sires Torres Watson Coleman Smith (WA) Vargas parity protections mean insurers must healthcare solutions. Welch Soto Veasey Wilson (FL) Speier Vela cover treatment for substance use dis- I urge my colleagues to vote ‘‘no’’ on Yarmuth order with comparable cost-sharing, the motion to recommit and ‘‘yes’’ on Suozzi Vela´ zquez with no surprises like annual visit lim- the Small Business Health Fairness NAYS—233 its, higher copays, or frequent Act. Abraham Gosar Palmer preauthorization requirements and Mr. Speaker, I yield back the balance Aderholt Gowdy Paulsen medical necessity reviews. of my time. Allen Granger Pearce Badly needed facilities are opening The SPEAKER pro tempore. Without Amash Graves (GA) Perry because plans now cover these services. Amodei Graves (LA) Pittenger objection, the previous question is or- Arrington Graves (MO) Poe (TX) I recently visited a recovery home for dered on the motion to recommit. Babin Griffith Poliquin pregnant women and new mothers in There was no objection. Bacon Grothman Posey my district. They were able to open the Banks (IN) Guthrie Ratcliffe The SPEAKER pro tempore. The Barletta Harper doors this year in my hometown only Reed question is on the motion to recommit. Barr Harris Reichert because it could rely on Medicaid ex- The question was taken; and the Barton Hartzler Renacci Bergman Hensarling pansion. Legislation like H.R. 1101 Speaker pro tempore announced that Rice (SC) would cause fewer people to have this Biggs Herrera Beutler Roby the noes appeared to have it. Bilirakis Hice, Jody B. Roe (TN) coverage, meaning fewer facilities can Bishop (MI) Higgins (LA) Ms. SHEA-PORTER. Mr. Speaker, on Rogers (AL) Bishop (UT) Hill open and treat. Rogers (KY) that I demand the yeas and nays. Black Holding Many of you know that my home Rohrabacher The yeas and nays were ordered. Blackburn Hollingsworth Rokita State of New Hampshire is on the front Blum Hudson The SPEAKER pro tempore. Pursu- Rooney, Francis lines of the heroin, fentanyl, and pre- Bost Huizenga ant to clause 8 and clause 9 of rule XX, Rooney, Thomas scription opioid crisis. Our commu- Brady (TX) Hultgren this 15-minute vote on the motion to J. nities are struggling, and helping peo- Brat Hunter recommit will be followed by 5-minute Bridenstine Hurd Ros-Lehtinen ple get treatment is key to turning the Roskam votes on passage of the bill, if ordered; Brooks (AL) Issa tide. I have met people who couldn’t be Brooks (IN) Jenkins (KS) Ross and the motion to suspend the rules Rothfus in a recovery facility without Medicaid Buchanan Jenkins (WV) and pass H.R. 1238. Buck Johnson (LA) Rouzer expansion. The vote was taken by electronic de- Bucshon Johnson (OH) Royce (CA) Today, Members of Congress can say Budd Johnson, Sam Russell to my constituents in New Hampshire vice, and there were—yeas 179, nays Burgess Jordan Rutherford 233, not voting 17, as follows: Byrne Joyce (OH) Sanford and their constituents across this great Scalise [Roll No. 185] Calvert Katko Nation: we hear you. We know your Carter (GA) Kelly (MS) Schweikert sons and daughters, your nieces and YEAS—179 Carter (TX) Kelly (PA) Scott, Austin nephews, your neighbors and friends Adams Doyle, Michael Loebsack Chabot King (IA) Sensenbrenner are struggling, and we have your back. Aguilar F. Lofgren Chaffetz King (NY) Sessions Barraga´ n Duncan (TN) Lowenthal Cheney Kinzinger Shimkus We believe all Americans deserve Coffman Knight Beatty Ellison Lowey Shuster Cole Kustoff (TN) good health insurance they can count Bera Engel Lujan Grisham, Simpson Collins (GA) Labrador on when they need it most. We aren’t Beyer Eshoo M. Smith (MO) Collins (NY) LaHood Bishop (GA) Espaillat Luja´ n, Ben Ray Smith (NE) going to pull the rug out from under Comer LaMalfa Blumenauer Esty Lynch Smith (NJ) people who are about to turn their Evans Maloney, Comstock Lamborn Smith (TX) Blunt Rochester Conaway Lance lives around. Bonamici Foster Carolyn B. Smucker I urge my colleagues to support this Frankel (FL) Maloney, Sean Cook Latta Stefanik Boyle, Brendan Costello (PA) Lewis (MN) motion, which would not delay passage F. Fudge Matsui Stewart Gabbard McCollum Cramer LoBiondo Stivers of the underlying bill. Brady (PA) Crawford Long Brownley (CA) Gallego McGovern Taylor Mr. Speaker, I yield back the balance Garamendi McNerney Culberson Loudermilk Tenney Bustos Curbelo (FL) Love of my time. Butterfield Gonzalez (TX) Meeks Thompson (PA) Gottheimer Davidson Lucas Ms. FOXX. Mr. Speaker, I rise in op- Capuano Meng Thornberry Green, Al Moulton Davis, Rodney Luetkemeyer Carbajal Tiberi position to the motion to recommit. Green, Gene Murphy (FL) Denham MacArthur Ca´ rdenas Tipton The SPEAKER pro tempore. The gen- Grijalva Nadler Dent Marchant Cartwright Trott Gutie´rrez Napolitano DeSantis Marino tlewoman from North Carolina is rec- Castor (FL) Turner Hanabusa Neal DesJarlais Marshall Castro (TX) Upton ognized for 5 minutes. Hastings Nolan Diaz-Balart Massie Chu, Judy Donovan Mast Valadao Ms. FOXX. Mr. Speaker, this motion Heck Norcross Wagner is nothing more than a last-ditch at- Cicilline Higgins (NY) O’Halleran Duffy McCarthy Clark (MA) Duncan (SC) McCaul Walberg tempt to defeat a commonsense bill Himes O’Rourke Walden Clarke (NY) Hoyer Pallone Dunn McClintock that will help expand access to afford- Clay Emmer McHenry Walker Huffman Panetta Walorski able healthcare coverage for working Cleaver Jackson Lee Pascrell Farenthold McKinley Cohen Faso McMorris Walters, Mimi families. In fact, this motion rep- Jayapal Pelosi Weber (TX) Connolly Jeffries Perlmutter Ferguson Rodgers Webster (FL) resents the same failed approach to Conyers Johnson (GA) Peters Fitzpatrick McSally Wenstrup health care we have experienced in re- Cooper Johnson, E. B. Peterson Fleischmann Meadows Westerman Correa Jones Pingree Flores Meehan cent years. Williams Costa Kaptur Pocan Fortenberry Messer We have seen what happens when the Wilson (SC) Courtney Keating Polis Foxx Mitchell Wittman Federal Government dictates the kind Crist Kelly (IL) Price (NC) Franks (AZ) Moolenaar Womack of health insurance individuals can and Crowley Kennedy Quigley Frelinghuysen Mooney (WV) cannot buy. Healthcare costs sky- Cuellar Khanna Raskin Gaetz Mullin Woodall Cummings Gallagher Murphy (PA) Yoder rocket and patients have fewer choices. Kihuen Rice (NY) Davis (CA) Kildee Rosen Garrett Newhouse Yoho While our Democrat colleagues offer Davis, Danny Kilmer Roybal-Allard Gibbs Noem Young (AK) a motion that doubles down on a failed DeFazio Kind Ruiz Gohmert Olson Young (IA) Goodlatte Palazzo Zeldin approach to health care, my Repub- DeGette Krishnamoorthi Ruppersberger Delaney Kuster (NH) Ryan (OH) lican colleagues and I are offering the DeLauro Langevin Sa´ nchez NOT VOTING—17 American people a better way. DelBene Larsen (WA) Sarbanes Bass Lieu, Ted Rush The Small Business Health Fairness Demings Lawson (FL) Schakowsky Brown (MD) McEachin Sinema Act is about empowering individuals, DeSaulnier Lee Schiff Carson (IN) Moore Slaughter Deutch Levin Schneider Clyburn Nunes families, and small-business owners so Takano Dingell Lewis (GA) Schrader Larson (CT) Payne Tsongas more Americans have access to afford- Doggett Lipinski Scott (VA) Lawrence Richmond

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.061 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2330 CONGRESSIONAL RECORD — HOUSE March 22, 2017 b 1530 Rogers (KY) Shimkus Wagner b 1539 Rohrabacher Shuster Walberg Mr. BISHOP of Michigan, Ms. Rokita Simpson Walden Mr. CLEAVER changed his vote from GRANGER, Messrs. GOSAR, and Rooney, Francis Smith (MO) Walker ‘‘aye’’ to ‘‘no.’’ YOUNG of Alaska changed their vote Rooney, Thomas Smith (NE) Walorski So the bill was passed. J. Smith (NJ) Walters, Mimi The result of the vote was announced from ‘‘yea’’ to ‘‘nay.’’ Ros-Lehtinen Smith (TX) Weber (TX) So the motion to recommit was re- Roskam Smucker Webster (FL) as above recorded. jected. Ross Stefanik Wenstrup A motion to reconsider was laid on Rothfus Stewart Westerman the table. The result of the vote was announced Rouzer Stivers Williams Stated for: as above recorded. Royce (CA) Taylor Wilson (SC) Stated for: Russell Tenney Wittman Mr. YOHO. Mr. Speaker, I was unavoidably Mr. LARSON of Connecticut. Mr. Speaker, Rutherford Thompson (PA) Womack detained. Had I been present, I would have Sanford Thornberry Woodall voted ‘‘yea’’ on rollcall No. 186. on March 22nd, 2017—I was not present for Scalise Tiberi Yoder Schrader Tipton Mr. FORTENBERRY. Mr. Speaker, I was in- rollcall vote 185. If I had been present for this Young (AK) Schweikert Trott advertently detained. Had I been present, I vote, I would have voted ‘‘yea.’’ Young (IA) Scott, Austin Turner The SPEAKER pro tempore. The Zeldin would have voted ‘‘yea’’ on rollcall No. 186. Sensenbrenner Upton question is on the passage of the bill. Sessions Valadao f The question was taken; and the Speaker pro tempore announced that NOES—175 SECURING OUR AGRICULTURE AND the ayes appeared to have it. Adams Fudge Nadler FOOD ACT Aguilar Gabbard Napolitano RECORDED VOTE Barraga´ n Gallego Neal The SPEAKER pro tempore. The un- Mr. SCOTT of Virginia. Mr. Speaker, Beatty Garamendi Nolan finished business is the vote on the mo- I demand a recorded vote. Bera Gonzalez (TX) Norcross tion to suspend the rules and pass the Beyer Green, Al O’Halleran A recorded vote was ordered. Bishop (GA) Green, Gene O’Rourke bill (H.R. 1238) to amend the Homeland The SPEAKER pro tempore. This is a Blumenauer Grijalva Pallone Security Act of 2002 to make the As- 5-minute vote. Blunt Rochester Gutie´rrez Panetta sistant Secretary of Homeland Secu- Bonamici Hanabusa Pascrell The vote was taken by electronic de- Boyle, Brendan Hastings Pelosi rity for Health Affairs responsible for vice, and there were—ayes 236, noes 175, F. Heck Perlmutter coordinating the efforts of the Depart- not voting 18, as follows: Brady (PA) Higgins (NY) Peters ment of Homeland Security related to Brownley (CA) Himes Pingree food, agriculture, and veterinary de- [Roll No. 186] Bustos Hoyer Pocan AYES—236 Butterfield Huffman Polis fense against terrorism, and for other Capuano Jackson Lee Price (NC) Abraham Donovan Knight purposes, on which the yeas and nays Carbajal Jayapal Quigley Aderholt Duffy Kustoff (TN) were ordered. Ca´ rdenas Jeffries Raskin Allen Duncan (SC) Labrador Cartwright Johnson (GA) Rice (NY) The Clerk read the title of the bill. Amash Duncan (TN) LaHood Castor (FL) Johnson, E. B. Rosen The SPEAKER pro tempore. The Amodei Dunn LaMalfa Castro (TX) Kaptur Roybal-Allard Arrington Emmer Lamborn question is on the motion offered by Chu, Judy Keating Ruiz Babin Farenthold Lance the gentleman from New York (Mr. Cicilline Kelly (IL) Ruppersberger Bacon Faso Latta Clark (MA) Kennedy Ryan (OH) DONOVAN) that the House suspend the Banks (IN) Ferguson Lewis (MN) Clarke (NY) Khanna Sa´ nchez Barletta Fitzpatrick LoBiondo rules and pass the bill. Clay Kihuen Sarbanes Barr Fleischmann Long This is a 5-minute vote. Cleaver Kildee Schakowsky Barton Flores Loudermilk Cohen Kilmer Schiff The vote was taken by electronic de- Bergman Foxx Love Connolly Kind Schneider vice, and there were—yeas 406, nays 6, Biggs Franks (AZ) Lucas Conyers Krishnamoorthi Scott (VA) Bilirakis Frelinghuysen Luetkemeyer not voting 17, as follows: Cooper Kuster (NH) Scott, David Bishop (MI) Gaetz MacArthur Correa Langevin Serrano [Roll No. 187] Bishop (UT) Gallagher Marchant Costa Larsen (WA) Sewell (AL) Black Garrett Marino YEAS—406 Courtney Larson (CT) Shea-Porter Blackburn Gibbs Marshall Abraham Bucshon Crawford Crist Lawson (FL) Sherman Blum Gohmert Massie Adams Budd Crist Crowley Lee Sires Bost Goodlatte Mast Aderholt Burgess Crowley Cummings Levin Smith (WA) Brady (TX) Gosar McCarthy Aguilar Bustos Cuellar Davis (CA) Lewis (GA) Soto Brat Gottheimer McCaul Allen Butterfield Culberson Davis, Danny Lipinski Speier Bridenstine Gowdy McClintock Amodei Byrne Cummings DeFazio Loebsack Suozzi Brooks (AL) Granger McHenry Arrington Calvert Curbelo (FL) DeGette Lofgren Swalwell (CA) Brooks (IN) Graves (LA) McKinley Babin Capuano Davidson Delaney Lowenthal Thompson (CA) Buchanan Graves (MO) McMorris Bacon Carbajal Davis (CA) DeLauro Lowey Thompson (MS) Buck Griffith Rodgers Banks (IN) Ca´ rdenas Davis, Danny DelBene Lujan Grisham, Titus Bucshon Grothman McSally Barletta Carter (GA) Davis, Rodney Demings M. Tonko Budd Guthrie Meadows Barr Carter (TX) DeFazio DeSaulnier Luja´ n, Ben Ray Torres Burgess Harper Meehan Barraga´ n Cartwright DeGette Deutch Lynch Vargas Byrne Harris Messer Barton Castor (FL) Delaney Dingell Maloney, Veasey Calvert Hartzler Mitchell Beatty Castro (TX) DeLauro Doggett Carolyn B. Vela Carter (GA) Hensarling Moolenaar Bera Chabot DelBene Doyle, Michael Maloney, Sean Vela´ zquez Carter (TX) Herrera Beutler Mooney (WV) Bergman Chaffetz Demings F. Matsui Visclosky Chabot Hice, Jody B. Mullin Beyer Cheney Denham Ellison McCollum Walz Chaffetz Higgins (LA) Murphy (PA) Biggs Chu, Judy Dent Engel McEachin Wasserman Cheney Hill Newhouse Bilirakis Cicilline DeSantis Eshoo McGovern Schultz Coffman Holding Noem Bishop (GA) Clark (MA) DeSaulnier Espaillat McNerney Waters, Maxine Cole Hollingsworth Nunes Bishop (MI) Clarke (NY) DesJarlais Esty Meeks Watson Coleman Collins (GA) Huizenga Olson Bishop (UT) Clay Deutch Evans Meng Welch Collins (NY) Hultgren Palazzo Black Cleaver Diaz-Balart Foster Moulton Wilson (FL) Comer Hunter Palmer Blackburn Coffman Dingell Frankel (FL) Murphy (FL) Yarmuth Comstock Hurd Paulsen Blum Cohen Doggett Conaway Issa Pearce Blumenauer Cole Donovan Cook Jenkins (KS) Perry NOT VOTING—18 Blunt Rochester Collins (GA) Doyle, Michael Costello (PA) Jenkins (WV) Peterson Bass Hudson Rush Bonamici Collins (NY) F. Cramer Johnson (LA) Pittenger Brown (MD) Lawrence Sinema Bost Comer Duffy Crawford Johnson (OH) Poe (TX) Carson (IN) Lieu, Ted Slaughter Boyle, Brendan Comstock Duncan (SC) Cuellar Johnson, Sam Poliquin Clyburn Moore Takano F. Conaway Duncan (TN) Culberson Jones Posey Fortenberry Payne Tsongas Brady (PA) Connolly Dunn Curbelo (FL) Jordan Ratcliffe Graves (GA) Richmond Yoho Brady (TX) Conyers Ellison Davidson Joyce (OH) Reed Brat Cook Emmer Davis, Rodney Katko Reichert ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bridenstine Cooper Engel Denham Kelly (MS) Renacci Brooks (AL) Correa Eshoo Dent Kelly (PA) Rice (SC) The SPEAKER pro tempore (during Brooks (IN) Costa Espaillat DeSantis King (IA) Roby Brownley (CA) Costello (PA) Esty DesJarlais King (NY) Roe (TN) the vote). There are 2 minutes remain- Buchanan Courtney Evans Diaz-Balart Kinzinger Rogers (AL) ing. Buck Cramer Farenthold

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.063 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2331 Faso Lee Rooney, Thomas NAYS—6 tional emergency unless, within 90 Ferguson Levin J. Amash Garrett Massie days prior to the anniversary date of Fitzpatrick Lewis (GA) Ros-Lehtinen Gaetz Jones Sanford Fleischmann Lewis (MN) Rosen its declaration, the President publishes Flores Lipinski Roskam NOT VOTING—17 in the Federal Register and transmits to Fortenberry LoBiondo Ross Bass Lieu, Ted Rush the Congress a notice stating that the Foster Lofgren Rothfus Brown (MD) Loebsack Sinema emergency is to continue in effect be- Foxx Rouzer Long Carson (IN) Lynch Frankel (FL) Roybal-Allard Slaughter yond the anniversary date. In accord- Loudermilk Clyburn Moore Franks (AZ) Royce (CA) Takano Love Higgins (LA) Payne ance with this provision, I have sent to Frelinghuysen Tsongas Lowenthal Ruiz Lawrence Richmond the Federal Register for publication the Fudge Lowey Ruppersberger enclosed notice stating that the na- Gabbard Lucas Russell b 1547 Gallagher Luetkemeyer Rutherford tional emergency declared in Executive Gallego Lujan Grisham, Ryan (OH) So (two-thirds being in the affirma- Order 13664 of April 3, 2014, with respect Garamendi M. Sa´ nchez tive) the rules were suspended and the to South Sudan is to continue in effect Gibbs Luja´ n, Ben Ray Sarbanes bill was passed. beyond April 3, 2017. Gohmert Scalise MacArthur The result of the vote was announced Gonzalez (TX) Maloney, Schakowsky The situation in and in relation to Goodlatte Carolyn B. Schiff as above recorded. South Sudan, which has been marked Gosar Maloney, Sean Schneider A motion to reconsider was laid on by activities that threaten the peace, Gottheimer Schrader Marchant the table. security, or stability of South Sudan Gowdy Marino Schweikert Granger Marshall Scott (VA) f and the surrounding region, including Graves (GA) Mast Scott, Austin widespread violence and atrocities, Graves (LA) Matsui Scott, David MESSAGE FROM THE PRESIDENT human rights abuses, recruitment and Graves (MO) Sensenbrenner McCarthy A message in writing from the Presi- use of child soldiers, attacks on peace- Green, Al McCaul Serrano Green, Gene McClintock Sessions dent of the United States was commu- keepers and humanitarian workers, Griffith McCollum Sewell (AL) nicated to the House by Mr. Brian and obstruction of humanitarian oper- Grijalva McEachin Shea-Porter Pate, one of his secretaries. ations, continues to pose an unusual Grothman Sherman McGovern and extraordinary threat to the na- Guthrie McHenry Shimkus f Gutie´rrez Shuster tional security and foreign policy of McKinley HOUR OF MEETING ON TOMORROW Hanabusa McMorris Simpson the United States. For this reason, I Harper Rodgers Sires have determined that it is necessary to Harris Smith (MO) Mr. WOMACK. Mr. Speaker, I ask McNerney unanimous consent that when the continue the national emergency de- Hartzler McSally Smith (NE) Hastings Meadows Smith (NJ) House adjourns today, it adjourn to clared in Executive Order 13664 with re- Heck Meehan Smith (TX) meet at 9 a.m. tomorrow. spect to South Sudan. Hensarling Smith (WA) Meeks DONALD J. TRUMP. Herrera Beutler Smucker The SPEAKER pro tempore (Mr. Meng Hice, Jody B. Soto LEWIS of Minnesota). Is there objection THE WHITE HOUSE, March 22, 2017. Messer Higgins (NY) Speier Mitchell to the request of the gentleman from Hill Stefanik Moolenaar Arkansas? f Himes Stewart Mooney (WV) Holding Stivers There was no objection. Moulton Hollingsworth Suozzi CONGRATULATIONS TO ORONO Mullin f Hoyer Swalwell (CA) Murphy (FL) GIRLS BASKETBALL Hudson Taylor Murphy (PA) COMMUNICATION FROM THE Huffman Tenney (Mr. PAULSEN asked and was given Nadler DEMOCRATIC LEADER Huizenga Thompson (CA) Napolitano permission to address the House for 1 Hultgren Thompson (MS) The SPEAKER pro tempore laid be- Neal minute and to revise and extend his re- Hunter Thompson (PA) fore the House the following commu- Hurd Newhouse Thornberry marks.) nication from the Honorable NANCY Issa Noem Tiberi Mr. PAULSEN. Mr. Speaker, I want Jackson Lee Nolan Tipton PELOSI, Democratic Leader: Norcross to congratulate the Orono girls basket- Jayapal Titus MARCH 21, 2017. Nunes ball team for recently winning the Jeffries Tonko Hon. PAUL D. RYAN, Jenkins (KS) O’Halleran Torres Minnesota High School State Cham- O’Rourke Speaker of the House of Representatives, U.S. Jenkins (WV) Trott Capitol, Washington, DC. pionship. Johnson (GA) Olson Turner Johnson (LA) Palazzo Upton DEAR SPEAKER RYAN: Pursuant to section After falling short of high expecta- Johnson (OH) Pallone Valadao 803(a) of the Congressional Recognition for tions to win it all last year, the Spar- Johnson, E. B. Palmer Vargas Excellence in Arts Education Act (2 U.S.C. tans bounced back this season with an Panetta Johnson, Sam Veasey 803(a)), I am pleased to reappoint the Honor- impressive 27–4 record and the top seed, Jordan Pascrell Vela able Debbie Dingell of Michigan to the Con- Joyce (OH) Paulsen Vela´ zquez gressional Award Board. despite many thinking that they had Kaptur Pearce Visclosky Thank you for your consideration of this missed their window. That didn’t stop Pelosi Katko Wagner appointment. these girls though. They were deter- Perlmutter Keating Walberg Sincerely, mined to finish the job this season as Kelly (IL) Perry Walden Kelly (MS) Peters Walker NANCY PELOSI, they stormed through the playoffs. Led Kelly (PA) Peterson Walorski Democratic Leader. by senior Tori Andrew, the team Kennedy Pingree Walters, Mimi f played selflessly. Andrew, the only re- Khanna Pittenger Walz turning starter from last season, made Kihuen Pocan Wasserman CONTINUATION OF NATIONAL Kildee Poe (TX) Schultz it a point to give her teammates the Kilmer Poliquin Waters, Maxine EMERGENCY WITH RESPECT TO recognition that they deserved. Kind Polis Watson Coleman SOUTH SUDAN—MESSAGE FROM The Spartans went on to beat Winona King (IA) Posey Weber (TX) THE PRESIDENT OF THE UNITED 65–47 in the State title game. King (NY) Price (NC) Webster (FL) STATES (H. DOC. NO. 115–25) Kinzinger Quigley Welch Orono’s resilience, Mr. Speaker, in Knight Raskin Wenstrup The SPEAKER pro tempore laid be- response to the previous season, speaks Krishnamoorthi Ratcliffe Westerman fore the House the following message Kuster (NH) Reed Williams highly of their character and their pro- Kustoff (TN) Reichert Wilson (FL) from the President of the United gram led by Coach Lavesa Glover in Labrador Renacci Wilson (SC) States; which was read and, together her very first season with the team. LaHood Rice (NY) Wittman with the accompanying papers, referred These girls showed that they give their LaMalfa Rice (SC) Womack to the Committee on Foreign Affairs Lamborn Roby Woodall all in everything they do, whether it is Lance Roe (TN) Yarmuth and ordered to be printed: for their team, their school, their fami- Langevin Rogers (AL) Yoder To the Congress of the United States: lies, or their community. Larsen (WA) Rogers (KY) Yoho Section 202(d) of the National Emer- Mr. Speaker, we are so proud of the Larson (CT) Rohrabacher Young (AK) Latta Rokita Young (IA) gencies Act (50 U.S.C. 1622(d)) provides Orono girls basketball team. Congratu- Lawson (FL) Rooney, Francis Zeldin for the automatic termination of a na- lations on the State title.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.037 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2332 CONGRESSIONAL RECORD — HOUSE March 22, 2017 RUSSIA AND TRUMP, SUBTLE adults sustain an acquired brain injury Take your criminals back or lose dip- ENTRAPMENT each year, but the incidence is un- lomatic visas. (Ms. KAPTUR asked and was given known. And that is just the way it is. permission to address the House for 1 Mr. Speaker, everyone recovers at a f minute.) different pace, but the support the pa- SALUTING UNIVERSAL HEALTH Ms. KAPTUR. Mr. Speaker, years tient receives can actually let them CARE ACTION NETWORK from now, history books could well de- know that they are not alone in this scribe entrapment of a United States fight. (Mrs. BEATTY asked and was given President by a foreign adversary. Allow f permission to address the House for 1 minute.) me to update my colleagues on the OPPOSING AMERICANS LOSING Mrs. BEATTY. Mr. Speaker, I rise Trump administration’s foreign policy. THEIR HEALTH CARE Recently, the State Department today to salute the Universal Health avoided committing Secretary Rex (Mr. CRIST asked and was given per- Care Action Network, also known as Tillerson to a NATO meeting next mission to address the House for 1 UHCAN, for their energy and advocacy month with our tried and true allies in minute and to revise and extend his re- to protect the Affordable Care Act. Europe. Yet, the administration has no marks.) I was honored to join UHCAN in a problem flying Secretary Tillerson to Mr. CRIST. Mr. Speaker, I rise today town hall where we presented our mes- Moscow to meet with Putin in April. in opposition to 24 million Americans sage to men, women, families, and chil- This is no April Fools’ joke. Since losing their health insurance, including dren from across central Ohio who were when is the Kremlin more important 60,000 residents in my home of Pinellas eager to organize. Do you know why? than our NATO partners? Never. County, Florida. Florida is the number To save the health care for more than Several reports now say Trump’s one State with Affordable Care Act en- 22 million newly insured Americans, in- former campaign chair, Paul Manafort, rollments—number one. We stand to cluding nearly 1 million Ohioans, who secretly worked for a Russian billion- lose the most with this repeal. gained coverage under the Affordable aire to advance Putin’s interests and But what we are debating this week Care Act. undermine anti-Russian opposition is far worse than just a repeal. It is We heard personal stories, stories across Europe. This contradicts asser- how the new bill treats the least from Laura, Mindy, Rachel, and Kevin tions by the Trump administration and among us. Medicaid, which the poor Rhodes—who was my guest at the joint Manafort that he never worked for and disabled depend on, would be dev- session of Congress right here—on how Russian interests. Congress needs to astated, leaving an estimated 3.5 mil- the Affordable Care Act was saving get to the bottom of these shady con- lion children and 720,000 disabled Amer- their lives. nections, and Paul Manafort should icans without care. Mr. Speaker, yet, here we are tomor- testify to the House Intelligence Com- There are a lot of people here today row, on the seventh anniversary of the mittee, under oath. in the Nation’s Capital in wheelchairs, Affordable Care Act, preparing to re- Russia has consistently and unabash- trying to make this point to all of us. peal and replace it with Republican edly attempted to disrupt Democratic What could be more cruel than taking care; legislation which would push 24 elections and promote propaganda in away health care for all of them? million Americans off their healthcare order to strengthen its own strategic This is a misguided proposal. We coverage, and give massive tax breaks interests. must work together to improve health to 400 superwealthy families, while the The Trump administration is pushing care, bring down costs, expand access, rest of us, we pay more for less. our Nation to the verge of a national and protect the most vulnerable in our Mr. Speaker, I join my constituents security crisis. How much leverage society. and Americans across the country who does Putin have over Trump and his as- Mr. Speaker, people’s lives are on the oppose Republican care. Join me to- sociates? Our great Nation can’t be line with this vote tomorrow. Let’s do morrow and say ‘‘no.’’ the right thing. Reject this bill. their collateral damage. f f f b 1600 BRAIN INJURY AWARENESS DAY TAKE YOUR CRIMINALS BACK OR LOSE VISAS OPPOSE THE EFFORT TO REPEAL (Mr. THOMPSON of Pennsylvania AND REPLACE asked and was given permission to ad- (Mr. POE of Texas asked and was dress the House for 1 minute and to re- given permission to address the House (Mr. SWALWELL of California asked vise and extend his remarks.) for 1 minute and to revise and extend and was given permission to address Mr. THOMPSON of Pennsylvania. his remarks.) the House for 1 minute and to revise Mr. Speaker, today is Brain Injury Mr. POE of Texas. Mr. Speaker, Flor- and extend his remarks.) Awareness Day, and I welcome those ida Police Officer Andrew Widman was Mr. SWALWELL of California. Mr. who are in Washington today to share murdered, shot in the face while trying Speaker, I rise in opposition of the ef- their stories. to resolve a dispute. His death was pre- fort to repeal and replace the Afford- This is near and dear to my heart. I ventable, however. The murderer of Of- able Care Act. spent nearly 30 years in healthcare re- ficer Widman was an illegal immigrant Simply, my constituents will be habilitation services, and this was one and convicted felon. He did not belong stuck paying more. And if they are not of my areas of practice and expertise. I here. He should have been sent back losing their coverage, they will know served as a board member for the Brain home to his native country, Cuba, after somebody who is going to lose their Injury Association of Pennsylvania, he served his sentence, but Cuba would coverage. And if they are over the age and I helped form a brain injury sup- not take him back. of 50 and not on Medicare yet, they are port group for the patients and their Cuba is one of about 30 countries that going to suffer a very cruel age tax. families that I served. refuse to take back their convicted I think not of politics when the The theme for this year’s campaign citizens after they are legally ordered President said some are going to pay a is ‘‘Not Alone.’’ This is a platform for deported. Then, unfortunately, they political price if they don’t support educating the general public about the are released back on our streets to this, I think about what they are going incidence of brain injury, and the needs commit more crimes. These days need to pay at the doctor’s office. of people with brain injuries and their to end. No more get-out-of-jail-free John Cameron of Dublin, California, families. The campaign also works to cards. There must be consequences to told me that, before the Affordable destigmatize the injury, empower those these nations that flaunt our laws. Care Act, he could not get the double who have survived, and promote the My bill, the Timely Repatriation hip surgery that he needed. Because of many types of support that are avail- Act, restricts diplomatic visas to coun- it, he was able to get it last week. We able. tries that deny or delay the repatri- need hardworking small-business own- The need to raise awareness is great: ation of a foreign national whose re- ers like John to keep working and have more than 3.5 million children and moval has been legally ordered. affordable insurance.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.070 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2333 Mr. Speaker, when this President put State Commission on Property Tax Re- and get votes through the House of his name on a casino, he left its work- lief, I understand that New York coun- Representatives. Well, Mr. Speaker, it ers in the dust. When he put his name ties shoulder a larger share of the Med- is unfortunate. on a university, he left its students out icaid burden than in any other State. This week we are commemorating in the cold. And when he puts his name Asking the State to relieve some of the seventh anniversary of the passage on this healthcare plan, TrumpCare, he this burden from the counties that of the Affordable Care Act. We don’t is going to leave all of us sicker and they bear from the Medicaid cost is a need costumes and jumping up and poorer. worthwhile idea that should be further down. It has reduced the uninsured f explored, but in conjunction with State rate to the lowest in our history. It has officials. strengthened rural and small town hos- ACCESS TO AFFORDABLE HEALTH The short turnaround time in the pitals across the country. It has ex- CARE current proposal would cripple the tended coverage to people who other- (Mr. VEASEY asked and was given State’s budget, resulting in cata- wise would not have it. Repeal of this permission to address the House for 1 strophic cuts, and leaves countless New amazing accomplishment would be un- minute.) Yorkers without access to health care. precedented. It would be sad, and it Mr. VEASEY. Mr. Speaker, 7 years Additionally, marrying this proposal would be wrong. ago today, President Barack Obama to the misguided Republican AHCA I sincerely hope that we are going to signed the Affordable Care Act into plan and excluding New York City pre- be able to focus our attention on some- law. Since then, the ACA has helped vents bipartisan cooperation. Rushing thing that will make a difference, not millions of Americans gain access to this amendment without debate or full forcing Americans to pay more for infe- affordable healthcare insurance. consideration of the consequences and rior coverage and deny it to many oth- We all know what is at stake in this without a plan for implementation will ers. Republican bill. It is a bill that actu- negate any positives. f ally has a big old tax in it called the I call upon my Republican colleagues OPPOSING TRUMPCARE age tax that makes our seniors pay to work in a bipartisan manner on this (Mr. GENE GREEN of Texas asked more. critical issue. In addition to that, it prohibits Med- and was given permission to address icaid reimbursement for Planned Par- f the House for 1 minute and to revise enthood, and Republicans are actively HEALTH MATTERS and extend his remarks.) Mr. GENE GREEN of Texas. Mr. working hard to make access to repro- (Mr. CLEAVER asked and was given Speaker, I rise to speak against ductive care even tougher for low-in- permission to address the House for 1 TrumpCare. come women. minute.) Let me tell you this about Texas: In TrumpCare will take health insur- Mr. CLEAVER. Mr. Speaker, yester- 2014, Planned Parenthood had 34 cen- ance away from 24 million Americans. day I spoke with a dynamic, impressive ters that served over 120,000 women. That is basically the amount of people young woman, Maryn White, from Additionally, these centers in my home that live in the State of Texas. Lee’s Summit, Missouri. State of Texas provided birth control For the lucky ones who don’t have Maryn is a 16-year-old sophomore at to over 93,000 women, conducted over their health care ripped away, Lee’s Summit West High School. When 134,000 STD tests, 16,000 pap smears, TrumpCare forces families to pay in- she was 10 years old, she was diagnosed and 16,000 mammograms. creased out-of-pocket costs and higher with ulcerative colitis. Despite a lot of These crucial services allow women deductibles and cuts the financial as- pain and a number of major surgeries, across Texas to take control of their sistance they get today to afford their Maryn is active in her high school and own health care and help them plan for insurance. is raising money for a cure. a family when they are ready. It has a crushing age tax. TrumpCare Republicans claim that their replace- Maryn was the winner of the Dream forces Americans who are aged 50 to 64 ment plan puts patients first, but lim- Factory of Kansas City. Instead of to pay premiums five times higher iting a woman’s ability to seek care going on a cruise ship or some tour to than younger people pay for health in- when she seems fit directly contradicts an exotic place, she came to Wash- surance. that goal. ington to talk to people who are about This, combined with a slash in finan- to vote on her health. She is absolutely f cial assistance to help people pay for infuriated that money is not going to coverage, will literally mean that COMPOUNDING DEVASTATING the NIH to continue to do research for there will be people who now have to CUTS AND ACCESS TO HEALTH a cure. pay more for their premiums annually CARE There are thousands of similar sto- than they actually earn in a year. That (Mr. SUOZZI asked and was given ries all over the country. This is not a is unacceptable. permission to address the House for 1 political matter, this is a matter of life TrumpCare cuts Medicare and will minute.) and death for people all over this coun- shorten the life of the program by 3 Mr. SUOZZI. Mr. Speaker, I rise in try. years. It is hard to find someone this opposition to the Republicans’ Amer- Yes, I am saying that TrumpCare bill helps, but the people that it will ican Health Care Act and specifically will make America ache again. hurt can be counted in the millions. the provision that purports to shift bil- f I urge my colleagues to vote against this horrible plan and to work with us lions of Medicaid costs from New FOCUS OUR ATTENTION ON to expand access and lower cost. York’s counties to the State. MAKING A DIFFERENCE In addition to the AHCA’s age tax, f increasing premiums, and millions los- (Mr. BLUMENAUER asked and was THE IMPACT OF TRUMPCARE ing their insurance, this provision will given permission to address the House compound the devastating cuts and for 1 minute.) The SPEAKER pro tempore. Under leave countless New Yorkers without Mr. BLUMENAUER. Mr. Speaker, the Speaker’s announced policy of Jan- access to health care while decimating there was a television program some uary 3, 2017, the gentlewoman from New York State’s finances. years ago that Monty Hall had: ‘‘Let’s Washington (Ms. JAYAPAL) is recog- This amendment requires the State Make a Deal.’’ nized for 60 minutes as the designee of to shoulder an additional $2.3 billion on Well, up in the Rules Committee, we the minority leader. top of the $1 billion cut proposed in the are acting out a congressional version GENERAL LEAVE AHCA. Meanwhile, this proposal ex- of ‘‘Let’s Make a Deal.’’ People aren’t Ms. JAYAPAL. Mr. Speaker, I ask cludes New York City and only gives dressing up like radishes and jumping unanimous consent that all Members New York State 2 years to assume this up and down, but they are trying to have 5 legislative days to revise and ex- burden. contort the flawed Republican repeal of tend their remarks and include extra- As a former mayor, county executive, the Affordable Care Act into something neous material on the subject of my and former chairman of the New York that can somehow thread the needle Special Order.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.072 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2334 CONGRESSIONAL RECORD — HOUSE March 22, 2017 The SPEAKER pro tempore. Is there ture generations that will produce our Mr. Speaker, we are here to continue objection to the request of the gentle- first woman President, future genera- our fight to protect access to quality, woman from Washington? tions of women that hopefully will not affordable health care and to defeat There was no objection. have to fight against men meddling in TrumpCare. Ms. JAYAPAL. Mr. Speaker, tomor- their healthcare decisions. TrumpCare will produce higher costs row we will be voting on the American This bill is a war on women, and, for our constituents, forcing families Health Care Act. We are doing this in quite frankly, there is nothing pro-life to pay higher premiums, higher spite of the fact that we just found out about it. This bill attacks women’s ac- deductibles, and higher out-of-pocket that there is an even more dire and cess to reproductive health care from expenses. harsh plan. We still have not received every angle, undermining not just con- It also will provide less Americans the Congressional Budget Office’s esti- traception access and abortion cov- coverage. According to the nonpartisan mates of what that plan will do, but we erage, but also making it much harder Congressional Budget Office, 24 million do know that TrumpCare will throw at for women to receive maternity cov- Americans will lose their health insur- least 24 million people off of their erage when they do give birth. ance when TrumpCare becomes law. health care. The abortion rate is at a historic low, Thirdly, it imposes a crushing age Tonight, for the next hour, I am and most analysts say the principal tax. TrumpCare allows individuals age proud to help lead our Congressional reason is that the ACA made contra- 50 to 64 to pay premiums five times Progressive Caucus Special Order hour ception cheaper and easier to obtain. higher than others pay for health care, with my distinguished members from The CBO report was all-encompassing, no matter how healthy they are. the caucus. but most strikingly pointed out a pro- It is higher premiums, higher I yield to the gentlewoman from New vision that would undermine Planned deductibles, higher out-of-pocket ex- Jersey (Mrs. WATSON COLEMAN). Parenthood, a critical provider for penses, 24 million people will lose in- Mrs. WATSON COLEMAN. Mr. women’s health care. surance, older people will pay an age Speaker, as the gentlewoman from New tax. And TrumpCare, in addition to all b 1615 Jersey said, my colleagues and I will of those terrible things, shortens the show and prove our true intentions in This provision would bar women on life of the Medicare trust fund by 3 occupying our seats here in Congress. Medicaid from using their coverage to years and ransacks the funds that sen- We will have the chance to stand go to Planned Parenthood, imme- iors depend on, particularly, to get with the 24 million Americans who diately resulting in many of these their long-term care. And finally, the have health coverage thanks to the Af- women losing access to contraception best estimates are that it will destroy fordable Care Act or cosign billion-dol- and leading to closing of clinics nation- nearly 2 million jobs in this country if lar tax cuts to the wealthy. We will wide. passed. have the chance to reject the attacks The CBO estimated that 15 percent of So why is this happening? Why would on the health of women and older women living in low-income and other- someone construct a bill that does Americans or force Americans to pay wise underserved areas would lose their this? more for less. We will have the chance access to services to prevent preg- Well, in large part, it is to finance an to choose between what is best for all nancy. In short, local access to repro- extraordinarily big tax cut, a tax cut or what is best for some. We will ductive health care dries up. for the wealthiest people in this coun- choose between right and wrong. In short, this is unacceptable. Just as try. The richest 400 families will re- Changes to the current law proposed I opened, I am going to close. Tomor- ceive a tax cut, each, of about $7 mil- in the un-American Health Care Act, row my colleagues and I will show and lion. Then there are tax cuts for drug also known as TrumpCare, could result prove our true intentions in occupying companies, insurance company CEOs. in cuts to benefits, increased costs, or our seats here in Congress. We will And to finance this tax cut, which to- reduced coverage for older Americans. have the chance to stand with the 24 tals $600 billion over the decade, in According to the 2016 Medicare million Americans who have order to finance that, this bill robs 24 Trustees Report, the Medicare part A healthcare coverage thanks to the Af- million Americans of health insurance, trust fund is solvent until 2028. This is fordable Care Act, or cosign billion-dol- cheats seniors out of the care that they 11 years longer than predicted in 2009, lar tax cuts to the wealthy as proposed deserve in nursing homes, imposes due in large part to the changes made under the Trump healthcare bill. higher premiums and higher in the ACA. We will have the chance to reject the deductibles on working families, and Repealing the additional 0.9 percent attacks on the health of women and imposes a crushing age tax on older payroll tax on high-income workers, as the working families or force Ameri- Americans. This is wrong. proposed in this new bill, would remove cans to pay far more for far less, and And, you know, the President ran on $117.3 billion from the Hospital Insur- we will have the chance to choose be- a campaign of helping working people ance Trust Fund over the next 10 years. tween what is best for all or what is and being for the middle class. This It would hasten the insolvency of Medi- best for some. Tomorrow, with the piece of legislation is a gift to the rich- care by up to 4 years and diminish votes cast on this bill, we will get the est people in this country and the most Medicare’s ability to pay for services chance to choose between right and powerful special interests and a be- in the future. wrong. trayal of the promise to work for mid- Additionally, provisions of the un- Ms. JAYAPAL. Mr. Speaker, I thank dle class and working families. American Health Care Act that create Mrs. WATSON COLEMAN for her excellent I want to end, with the indulgence of a per capita cap financing structure in statement. the gentlewoman from Washington, the Medicaid program is equally dan- Mr. Speaker, it is my great pleasure you know, we talk about these num- gerous. These provisions would endan- to yield to the distinguished gentleman bers, and they are staggering: 24 mil- ger the health, safety, and care of mil- from Rhode Island (Mr. CICILLINE). lion, $600 billion. Behind each of those lions of individuals who depend on the Mr. CICILLINE. Mr. Speaker, I thank numbers are real people whose lives essential services provided through the gentlewoman for yielding. will be affected by TrumpCare and by Medicaid. In a very short number of weeks here the repeal of the Affordable Care Act, The CBO found that the bill would in Congress, she has already made her individuals whose lives will be dev- cut Medicaid funding by $880 billion mark as a passionate advocate not only astated, families who will be ruined be- over 2017 to 2026. Medicare and Med- for her State, but in this important cause they no longer have access to the icaid must be protected and strength- fight to protect access to affordable, care that they need. In the richest, ened for older Americans and future quality health care, and she has been most powerful country in the world, generations. an extraordinary member of the Judici- this does not have to be the case, and Any healthcare legislation presented ary Committee. It has been an honor to I want to give you two examples. must take into consideration future serve with her, and I thank her for Just this week I heard from Sara generations of men and women who yielding and thank her for her great from, Woonsocket, Rhode Island. She will take our seats in this Chamber, fu- leadership. wrote to me:

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.074 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2335 I am writing to you to encourage you to Ms. JUDY CHU of California. Mr. The bill before us today has been vote against the American Health Care Act Speaker, I rise today to voice my crafted behind closed doors. We have proposed by Paul Ryan and the Republican strong opposition to the American had no hearings on this legislation, and Party. My brother has developmental dis- Health Care Act, or TrumpCare. Republicans have not accepted a single abilities and relies on Medicaid for insurance. TrumpCare would result in 24 million Democratic amendment to the bill. Experts who have reviewed this bill have people losing healthcare coverage. In There are just too many American determined that it will ultimately cut fund- my Pasadena, California, district, near- lives at stake. I urge my colleagues to ing for people like my brother, but the work- ly 70,000 people will lose coverage. In oppose TrumpCare. ing class in this country cannot afford the Los Angeles County, about 1 million Ms. JAYAPAL. I thank the gentle- burden that this bill would impose. And the people will lose the coverage they have woman from California. wealthiest among us do not need any more through Medicaid expansion. Now it is my tremendous honor to in- handouts from the Federal Government. troduce and yield to the co-chair of the Please vote against this bill. Worst of all, this bill would result in skyrocketing healthcare costs, espe- Progressive Caucus, the gentleman I had correspondence, again, with an- cially for older Americans. It would from Arizona (Mr. GRIJALVA), a dear other constituent, who talks about the hurt people like my constituent Patty friend and somebody that has been on important services that the ACA pro- from Claremont. Patty is 62 and never the streets and been a leader on so vided to her family. She was heart- had to worry about health care because many issues, from immigration reform broken at the death of her son Anthony her husband was a union member with to healthcare. who passed away on August 9 due to an a good job, but in one moment, Patty’s Mr. GRIJALVA. Mr. Speaker, I thank overdose, and she describes Anthony as life was turned upside down. the gentlewoman for not only man- a compassionate and deep person who, Last September, Patty’s husband aging the time, but her leadership and unfortunately, like many Americans, passed away, suddenly. In the blink of great work in Congress. suffered from severe anxiety and dean eye, Patty was forced to find new Mr. Speaker, I rise to speak about pression. To deal with his condition, he insurance for herself and her 20-year- the millions of Americans who will suf- started self-medicating with prescrip- old son who suffers from a preexisting fer under this oxymoron called tion drugs. After returning home from condition. She couldn’t afford COBRA TrumpCare. This bill will result in a sober house, he, unfortunately, re- and is a few years away from being eli- higher costs and less coverage for hard- lapsed and took some designer drugs gible for Medicare. working Americans, especially the that he had ordered online, causing Well, thank goodness the ACA came poor and the elderly. The only winners him to overdoes. along and she was finally able to get in this bill are the wealthy who are She called me just this week. Antho- affordable healthcare insurance. She getting their $600 billion tax cut. ny’s sister Cara also suffers from anx- was so relieved. Earlier this week, an official with the iety and depression, in part because of But what will happen to Patty’s in- American College of Physicians put it the post-traumatic stress disorder that surance under TrumpCare? We only best when he said: she suffered after discovering her have to look at the CBO’s estimate In 38 years of advocating for doctors and brother who had died. Thanks to the that a 64-year-old making $26,500 a year patients, I have never seen a bill that will do ACA, she is able to receive coverage for could see their health insurance pre- more harm than the AHCA. critical mental health services since miums skyrocket from $1,700 a year to This is a powerful statement. her mother doesn’t have coverage $14,600. That amounts to over half their You know, Mr. Speaker, what I can’t through her employer. income. figure out is what problem this bill is Like many of my constituents, Cara For Patty, these changes could mean trying to solve. If the Republicans were relies on the coverage she has gained, thousands in out-of-pocket expenses for looking to cover fewer people, make in- and she writes: her hypertension medication, which surance more expensive, and give tax I am worried for my future without my she needs to take consistently or face cuts to the rich, then I guess this Re- support system. The discontinuation of cov- life-threatening consequences. Patty publican bill is the answer. erage would be detrimental to our efforts to Let’s take a quick look at what this combat mental health disorders and the would face a situation that so many older Americans would face: premiums bill does or, as my Republican col- opioid epidemic which continues to plague leagues refer to it, promises kept. families and has been such a support to my that would rise by 20 to 25 percent by First and foremost, 24 million Ameri- family. 2026. The premiums rise because, in cans are going to lose coverage. Let me These are just two examples. We have this bill, the GOP created an age tax repeat that, 24 million. That is not millions of examples all across this which allows older Americans to be charged five times more than younger only unacceptable, it is cruel. country of people whose lives have And even for those lucky enough not Americans. been protected and saved and helped to lose coverage, things are not going Now, in this bill, there is no concrete because of access to quality, affordable to be very good. plan to help older Americans like health care. This will undo all of that Under the Republican healthcare Patty deal with the rising cost of pre- progress. We have to do everything we scheme, older Americans will be paying miums under TrumpCare. And cer- can to stop it. five times more. In what world does tainly nothing in this bill will address Mr. Speaker, I thank the gentle- anyone think that it is a good idea to the enormous deductibles or out-of- woman for yielding and for leading this make health care even more expensive pocket costs that they will face if in- Special Order hour tonight so we can for the elderly? This is one of those surance companies can once again offer continue to make sure the voices of the crazy but true things about this bill. substandard plans with limited bene- American people are heard and we de- So this is what the GOP calls promises fits. You know, so many people like feat TrumpCare and protect access to kept. affordable, quality health care in this Patty are just one accident away from Well, let’s take a moment to remem- country. losing coverage. ber what promises were actually made. Ms. JAYAPAL. Mr. Speaker, I thank Why is she and 24 million other In an interview with ‘‘60 Minutes’’ in my good friend from Rhode Island for Americans going to suffer so that, in 2015, President Trump promised: his incredible leadership on so many this bill, health insurance executives Everybody is going to be covered. I am issues and for reminding us again that earning over $500,000 can get a tax going to take care of everybody. I don’t care 24 million is just a number, but behind break? so that the wealthy can get $600 if it costs me votes or not, everybody is that number are all of the people and billion wealthier? so that 400 of the Na- going to be taken care of much better than all of the stories that will be impacted. tion’s richest families can get a $7 mil- they are being taken care of now. Mr. Speaker, now it is my great lion tax cut every year? Then just 2 days before the election, honor to yield to the gentlewoman You know, the term ‘‘coverage loss’’ Trump went to Sioux City, Iowa, and from California (Ms. JUDY CHU), my isn’t some political tool. It has real said: good friend, the chair of the Asian Pa- life-threatening consequences for peo- I am going to protect and save your Social cific American Caucus here in the ple of all ages and incomes across the Security and your Medicare. You made a House. country. deal a long, long time ago.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.075 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2336 CONGRESSIONAL RECORD — HOUSE March 22, 2017 b 1630 Mr. Speaker, I urge my colleagues to parity, which says that if mental So how does this repeal bill stack up oppose TrumpCare in its entirety and health benefits are, in fact, offered as with those promises? Premiums will vote it down tomorrow. part of a healthcare package, insurance spike 750 percent with far fewer tax Ms. JAYAPAL. Mr. Speaker, I thank package, that it has to be offered in the credits to help shoulder that burden; 30 Representative GRIJALVA. same way that physical health care is. million Americans with preexisting I am so proud to introduce my col- You should treat your access to behav- conditions would lose the certainty of league from Massachusetts, Represent- ioral health care the same way we coverage they have enjoyed under ative JOE KENNEDY. would treat access to health care if you ObamaCare; Medicare will be slashed Two weeks ago, during the Energy needed cancer treatment or a broken by $170 billion; Medicaid will be cut 25 and Commerce markup on TrumpCare, leg. But the mental health parity law percent. That is $880 billion being the gentleman actually forced Repub- does not require mental health benefits ripped away from the most vulnerable lican lawmakers to admit that the to be offered at all. The Affordable Americans, resulting in 14 million peo- bill—their bill, the TrumpCare bill— Care Act, however, says that in order ple losing coverage immediately. would not guarantee essential for a plan to be qualified, it does have So who wins here with TrumpCare? healthcare benefits for the millions to offer an essential health benefits The rich, who will reap $600 billion in who are covered under Medicaid expan- package, included in that being access tax cuts at the expense of medical sion, and, later, the gentleman went on to mental health care. treatment for the most vulnerable and to give an incredibly compelling speech So those two laws together work in working folks in this country; Big about this bill not being an act of tandem to have created a massive in- Pharma is a winner who can now look mercy but being an act of malice. I crease in access to behavioral health forward to more obscene profits and hope that the gentleman is now going and mental health services, including, less oversight; and, of course, the pri- to tell the American people exactly critically for the moment that we are vate health insurance companies, who, why he said what he did. in our country, access to opioid treat- once again, will be in total charge of Mr. Speaker, I yield to the gentleman ment. America’s health care. from the State of Massachusetts (Mr. What this bill does is strip those es- Who loses? Hardworking, regular KENNEDY). sential benefits, including access to ad- folks who simply can’t afford to under- Mr. KENNEDY. Mr. Speaker, I want diction services and mental health write a tax cut for the rich at the ex- to thank my colleague for adding her care, from that essential benefits pack- pense of their health. voice on such an important issue before age and says to the States: Good luck, Take my constituent, Shawn, for ex- our country today and for leading our you can pay for them if you want to, ample. He wrote me to share his ACA efforts here this afternoon on the providing nowhere near the sufficient story. In 2006, Shawn was diagnosed House floor. funding to cover all of the demands with HIV and a rare heart condition, There are an awful lot of important that our Republican colleague says the and his premiums skyrocketed from components to this bill that we are de- funding will be there for. $123 a month in 2005, all the way up to bating now and that will supposedly Now, to make matters even more $1,473 a month in 2012. That is an aver- come before us tomorrow afternoon. convoluted in this, it was clear, during age increase of between 35 and 40 per- One of the critical pieces of it is how the debate in our committee 2 weeks cent per year. At the same time, his de- we are going to treat people suffering ago for 28 straight hours, that some of ductible climbed to $2,900, meaning his from mental illness. our colleagues actually thought these insurance wouldn’t offer him a dime Now, the bill itself does a number of protections were maintained when we until he coughed up nearly $3,000 first. things across insurance marketplaces pointed out that, in fact, they were When ObamaCare kicked in in 2014, and across Medicaid and Medicaid ex- stripped. There was then a different Shawn had at least a dozen plans to pansion, but I think it is critically im- version of this bill that was brought choose from. He selected a platinum portant that we look at this through forth for consideration called the man- plan which delivered better coverage the framework of what health care is ager’s amendment. That manager’s than he previously had for only half supposed to be all about. Health care, amendment happened to reinstate the price that he had previously been at least from my understanding, boils those benefits, which was great, and I paying. Let me repeat: because of down to one simple principle. It is how applaud my Republican colleagues for ObamaCare, Shawn started paying half we treat each other in our time of need doing so, aside from the fact that they the price for a better plan. How was it and this commitment that we make as then realized that they included those better? As Shawn put it, he no longer a country to each other, that, yes, I benefits and they offered an amend- faced lifetime caps; he had free care about you and your family and ment to strip them back out, just in wellness visits included in his cov- want to make sure that you get the the past 36 hours, recognizing that erage; instead of a nearly $3,000 deduct- care that you need when you need it. there was a bill that they thought of- ible, he now had just a small copay. Because with health care, at some fered these benefits—the package of es- If the ACA is repealed, Shawn will be point, I am going to need that same sential health benefits—for 11 million uninsured for the first time in his life. care as well: a loved one of mine, my people to begin with, they found out For the first time in 54 years, Shawn children, my family members, and I that it didn’t, in fact, offer it; they will be forced to pay out of his own hope that you would be there for me fixed it and put them back in a bill, re- pocket for lifesaving medications. His the same way that I would be there for alized they did it inadvertently and HIV medications alone cost nearly you. took it out again and are now laying $30,000 per year—that is three times as So if you look at this bill through that bill supposedly before our consid- much as he pays right now for all of his that prism, one of the pieces that eration tomorrow. medical expenses. If he is hospitalized stands out is the fact that, for the Med- If health care is, in fact, that com- for his heart condition—which has oc- icaid expansion population, about 11 mitment we make to each other in our curred already twice—he will incur million people across our country, this time of need, how does this bill answer tens of thousands of dollars in addi- bill strips what is called the essential that question? The average cost of a tional charges. In short, under the Re- healthcare benefits from those 11 mil- birth in this country is roughly $10,000. publican’s healthcare scheme, Shawn lion people. Now, that is a bureaucratic Medicaid itself pays for half of the will be financially ruined. term, but it means some of the most births in our Nation. Maternal care and Mr. Speaker, this is utterly unac- basic aspects of health care: maternal newborn care are covered under the es- ceptable. The American people deserve care and newborn care, preventive serv- sential health benefits, but not any- access to affordable, accessible, and ices, wellness, ambulatory care, and, more for the Medicaid expansion popu- high quality health care. TrumpCare yes, mental health services and addic- lation. For that population, having a achieves the opposite. It is a bad deal tion, behavioral health. child could very literally bring you to and a threat to the well-being of our So what does that actually mean? It bankruptcy. That is the bill that this Nation and our people. Beyond that, it means that because of existing legisla- Republican Congress is putting forward is shameful and inhumane. tion, the Federal law, mental health for your consideration tomorrow.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.078 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2337 That is one of the many reasons why you don’t have insurance, guess what? There are thousands of veterans in my I urge my colleagues to vote ‘‘no.’’ You don’t get a diagnosis until it is at district and thousands of veterans in Ms. JAYAPAL. Mr. Speaker, I thank the third or fourth stage level, at every district across our great country. Representative KENNEDY so much. As which point it is too late, costs tre- My colleagues on the other side of the gentleman was talking, I was mendous amounts of money to treat, the aisle should think long and hard thinking about the simple rule that we and, most likely, the prospects for sur- before they take this critical, life- are all better off when we are all better vival are not good. saving care away from those who need off. I appreciate everything that you Mr. Speaker, I call on the President it most: our veterans who have served just said. and my colleagues, please, the Presi- our country so bravely and so patrioti- Mr. Speaker, it is a great honor for dent in particular, honor the promise cally and whom we have made a solemn me to yield to the gentleman from the that you made to the American people promise to. great State of Minnesota (Mr. NOLAN). in your campaign which resonated with Ms. JAYAPAL. Mr. Speaker, I yield Mr. NOLAN. Mr. Speaker, I thank enough people to get you elected Presi- to the gentlewoman from Texas (Ms. the gentlewoman for that introduction. dent of the United States. Stand up for JACKSON LEE), my colleague on both I want to thank my colleagues for the elderly, stand up for urban and the Judiciary Committee and Budget presenting their profound thoughts on rural, stand up for all Americans, stand Committee and a champion for people this most important legislation that up for rural communities, and rural of color and folks across this country. we will consider tomorrow. The simple hospitals. Do the right thing, and let’s Ms. JACKSON LEE. Mr. Speaker, I truth is that what this bill does is it re- open this process up so we can fix what am delighted to join the Congressional moves 24 million people and takes needs fixing and stop this devastating Progressive Caucus, on which I serve as them away from having affordable attack by repealing and so-called re- a vice chair. I remember this experi- health care and health insurance, placing the Affordable Care Act. ence less than a decade ago when we while, at the same time, giving $600 bil- Ms. JAYAPAL. Mr. Speaker, I thank worked so hard to have the Affordable lion in tax cuts for the richest people the good gentleman from Minnesota for Care Act. in America. Some pundits have de- his tremendous work and for his words. For many, you are seeing this poster scribed it as one of the biggest trans- As the gentleman spoke, I think about for the first time. I think I need to give fers of wealth and travesties perpet- all the names that we could call this you a little journey down memory lane uated upon the American people in bill that is before us. We can call it as we talk about why we are so vigor- American history. TrumpCare, we can call it the pay ously opposing what would seem to be I am calling upon the Republicans more get less bill, and we can call it new and fresh ideas. here in this Chamber and President the broken promises bill. But I think First of all, let me say the good thing Trump to withdraw this legislation, sit what the gentleman’s words have about the Affordable Care Act is that it down in a bipartisan way—the way this shown us is that this is a bill that is is not a respecter of economic standing Congress operated for several hundred going to deeply affect 24 million Amer- as relates to the benefits of health in- years under open rules—and see what icans across the country and tear them surance. We were able to grant every we can do to fix what is wrong with the off of their health care, and that is just American the right to have insurance American healthcare system, not do not acceptable. that did not penalize you for being a away with it and scrap it in the dev- Mr. Speaker, I yield to the gentlewoman, penalize you for having a pre- astating manner that they have chosen woman from California (Ms. existing condition. In fact, it did lower to do so. BROWNLEY). It is a great honor to intro- premiums. The simple truth is, as I said, this duce my colleague who is a champion We realize that in certain areas that guts Medicaid, and it guts health care. for so many issues. is one of the beginning aspects of a bill Under this $600 billion tax break, think Ms. BROWNLEY of California. Mr. that is only 7 years old, but one of the about it, if you make $1 million a year, Speaker, I thank the gentlewoman important points is that we have given every year you are going to get a from Washington. you insurance that has more benefits Mr. Speaker, after 7 years of demand- $67,000 a year tax cut. Imagine that. than it ever had 10 years ago, 15 years ing repeal and replace, the very best That is more money than the average ago. More importantly, working people that the GOP could do was to put for- person makes in America in a year, and who happen to be of low income and ward a bill to eliminate health care for they are going to get that every year who are no less able or dignified or 24 million Americans. Under going forward in perpetuity, while we equal in this Nation now have insur- TrumpCare, over 44,000 residents in my are saying to a young family who is ance. district will lose health care com- struggling maybe because someone in It is insurance. The underpinning of pletely. the family has cancer or maybe some- it is Medicaid, but it is insurance. It al- body got hurt or injured in an accident, b 1645 lows families, pregnant women, and oh, that is going to cost too much I want to talk about a different popu- children to have insurance, people who money to insure you, you are one of lation that we don’t address as often. are working. Then, on the other side, it the 24 million who we are getting rid Many of these residents are veterans has help for the blind, the disabled, as of. and their families. well for those in nursing homes. Re- What kind of a country is it that Paralyzed Veterans of America today member, people in nursing homes have would do something like that? My col- reminded me that today many vets worked. We give them the ability to league, Mr. KENNEDY, I thought, stated rely on Medicaid for their health care. live in dignity. it so well. We are all in this together. TrumpCare undermines the safety net Unfortunately, to the contrary, what That is what insurance does. Life is for our veterans and their dependents I am seeing now, just coming out of the perilous at best. We don’t know who is and their caregivers. Cloakroom, is a hustle and bustle of going to get sick. We don’t know who According to PVA, the total number negotiations and meetings, going in is going to have an accident. It may be of veterans without insurance dropped and out of meetings, going to the when you are elderly; it may be when very sharply in recent years, yet White House, trying to corral these you are young. That is what health TrumpCare cuts more than $800 billion last votes. Some of these individuals care and health insurance is all about, from the Medicaid program, which want it to be made worse, and they are coming together and making sure that many veterans and our military fami- holding their ground. we all are cared for and get the care lies turn to for care. Worse, in their But I tell you what is missing in all that we need when we need it. rush to rip health insurance away from of this. What is missing is that what we Senator KENNEDY talked about pre- tens of millions of Americans, the did almost 10 years ago was have hun- ventive care. If you can catch prostate manager’s amendment to TrumpCare dreds, maybe thousands, of hearings or cancer or if you can catch lung cancer could deny tax credits to millions of townhall meetings in our districts. We at a stage I or a stage II level, you save military veterans. had 79 bipartisan hearings in the a life. But you have to have insurance Mr. Speaker, veterans are among House, 453 hearings in the Senate. In to go do that and see your doctor. If those that TrumpCare would hurt. the House, we had over 181 witnesses

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.079 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2338 CONGRESSIONAL RECORD — HOUSE March 22, 2017 and 239 considered amendments. We be- fight, just watch me, and watch my quite as low as you, but 5.6, I think lieved in listening to the American colleagues. now, compared to over 13 percent be- people, many of whom did not under- We had a healthcare townhall. Unlike fore the Affordable Care Act. stand, but we wanted to get it out. some of the townhalls of my col- I often get to co-chair this Special In the dark of night, this bill has leagues, there were not people jumping Order hour with my good friend, a bril- come. There are amendments coming up saying: Why are you taking away liant colleague. Mr. Speaker, I yield to by the day. I will be leaving here and my health care? Instead, they were the gentleman from great State of going to the Rules Committee to try to people like Debbie. Maryland (Mr. RASKIN). understand what is in the bill. Debbie is a lifetime sufferer of asth- Mr. RASKIN. Mr. Speaker, I thank To the American people, what you ma. She also has diabetes. She reached Congresswoman JAYAPAL for her lead- can clearly see that is in the bill right her cap. That meant that the medicine ership on this Special Order. now is that we are paying more for she was on, which cost $10,000 a month, I think the message is getting less. You are getting $880 billion taken would have to be paid by her. She through to the American people: 24 out of the Medicaid that is used to worked every day. How many of you— million of us are about to lose health keep people whole after they have how many of us—could pay $10,000 a care if this legislation goes through. worked—those in nursing homes, the month, no matter what job we have? In my home State of Maryland, blind, the disabled, or other things that That, along with her diabetes, makes 375,000 people are estimated to be on may have occurred—as well as those her a paradigm of the kind of person the chopping block in terms of their who are taking care of children and whose life and death depends on this health insurance. In my district, the who are pregnant women. Twenty-four bill. Eighth Congressional District—Mont- million will lose their insurance right I want to just say a few words not gomery, Frederick, and Carroll Coun- now, today, as that bill is passed. Over- about all of the important information ties—we could have 75,000 or 80,000 peo- all, in 2026, 52 million Americans will you have had, but about what I call the ple lose their health care. be uninsured. You can’t be plainer than worst of the worst. We were able to cut the uninsured that. First, let me congratulate my Repub- rate in half with passage of the Afford- Then what saddens me the most, be- lican colleagues on doubling down on able Care Act 7 years ago, and now sides the $880 billion coming out of the number without health care be- they want to turn the clock back and your insurance, they give a $600 billion cause you double the number without take us in exactly the wrong direction. tax cut to 1 percent of the richest health care. As we are rising with the If a foreign power like Russia, for ex- Americans, whom I would venture to number who have health care, you now ample, tried to throw 24 million Ameri- say, getting $57,000 per family, they turn downward. We can’t possibly live cans off of their health care, we would would say to you: Take it back and with that, and I don’t think the Amer- consider it an act of sabotage, aggres- help all of America. ican people will allow you to get away sion, and war, but this is something The age tax, if you are 50 to 64, you with it. that is happening inside the country. are paying a penalty—not 85, but 50 to I think about our hospitals, and peo- Nobody knows why they want to do 64. They can’t get rid of that. How are ple say: Why should we pay any atten- that to older people with this age tax, you going to pass a bill that penalizes? tion to the hospitals? Well, when we why they want to do it to children, to I have indicated about $880 billion for get back in the era of uncompensated people who have special health needs, Medicaid. Then, of course, the tax re- care, what you will have is the Federal to the sick. lief for people who do not want it. Government will never compensate It is also getting through that there I say that your patriotism today is your hospital, so you will compensate is going to be $600 billion that travels letting this see the light of day. Let’s your hospital. We are back in the era of upwards in America through a tax debate it and discuss it. Let’s talk to free health care, except there is no break to the wealthiest Americans. States like Kentucky and West Vir- such thing as free health care. You and That is $600 billion that is moving up- ginia and those States that have taken I will be paying for it out of our pock- wards. This is not a healthcare plan, expanded Medicaid. Let’s talk to fami- ets. primarily. It is a wealth transfer plan, lies, like I have just done today, with What they do to the tax credits is while we toss millions of our co-citi- children who are only being taken care shameful. Flat tax credits, unrelated to zens to the curbside. of with their catastrophic illnesses, the costs, replace the kind of tax cred- Seven years ago, we passed the Af- with smiles on their face, and home- its we have in the Affordable Care Act, fordable Care Act. Millions of Ameri- bound, because they have Medicaid as which are just, as you might expect, up cans have gotten health care for the their insurance. and down according to the value of in- first time, dramatically improving That is why we oppose the surance. public health in lots of different ways, TrumpCare bill. No matter how many What good is a flat tax credit unre- making sure that people could not be backdoor meetings President 45 can lated to the cost of insurance or to denied insurance coverage because of a take care of—I wish, maybe, it started your income? Do my Republican col- preexisting condition, making sure earlier, before he attacked President leagues really think they are going to that people in their twenties could stay Obama. But, in any event, with all of fool anybody with those kinds of re- on their parents’ plan, ending lifetime these meetings, we are still at a point placements? insurance limits, ending annual limits, where we don’t know what the bill is What is perhaps worst of the worst is requiring insurance plans to pay for doing for people that is good, but we do the work requirement. You get sick, preventive services like flu shots and know what it is taking away from peo- you can’t afford to work, you have got cancer screenings and mammograms, ple. I just ask that we stop and do this to be on the Affordable Care Act, and dramatically improving the public right to save lives. you need Medicaid in order to do it. health. This has been a great success. I thank the gentlewoman for her They tell you that you have got to go Tom Paine once said you cannot leadership. to work in order to—while you are ‘‘make a man unknow his knowledge, Ms. JAYAPAL. Mr. Speaker, I yield sick, I guess—get your Medicaid. Get or unthink his thoughts.’’ The Amer- to my colleague from the District of sick, go to work, and qualify for health ican people know that we have made Columbia (Ms. NORTON). care under the Republican plan. dramatic progress under the Affordable Ms. NORTON. Mr. Speaker, I thank Those are just some of the worst of Care Act. We need to be moving more my good friend for the excellent job she the worst. I have got a whole list here, in the direction of covering more peo- is doing in leading this Special Order. but I thought it important to focus on ple and improving quality and reducing I don’t know about you, but the unin- who gets hurt and why, and why we are people’s premiums and copays and sured in my district are down to 3.8 simply not going to let that happen. deductibles. percent. If you think I am going to let Ms. JAYAPAL. Mr. Speaker, Ms. This legislation, the repeal night- the Republicans take away near uni- NORTON is right: the uninsured rate in mare, goes in exactly the wrong direc- versal health care from my district, my home State of Washington got cut tion. It jacks up everybody’s pre- the District of Columbia, without a more than half. So we are down to not miums, increases the copays and

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.081 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2339 deductibles, while throwing millions of row, in this Chamber, in the people’s Ms. JAYAPAL. Mr. Speaker, I thank people to the sidelines. House, House Republicans are prepared my good colleague from Connecticut so b 1700 to vote on a healthcare plan which is much for that incredibly compelling supported by President Trump and by testimony of why we cannot let this I want to make one final point, which Speaker PAUL RYAN. bill pass. is the message has gotten through. The What is at stake on this vote tomor- Let me summarize what you heard in public opinion polls are showing that row in this House? What happens to this last hour from Members across our the American people are turning sharp- people in this country with this vote country who are terrified. Frankly, ly against this terrible repeal plan, tomorrow? this plan—TrumpCare, the pay more which means here in Congress the orga- There is real clarity here. We will see get less plan, the broken promises nizers of the plan are getting increas- families pay higher premiums and plan—might actually pass. We have to ingly desperate, and they are making higher deductibles. This plan will in- make sure that it does not pass. deals. crease out-of-pocket costs to working So, in summary, TrumpCare strips One of the deals that they have made Americans. In addition to that, older healthcare coverage from 24 million with some upstate Republicans appar- Americans will be faced with what has Americans. It cuts $880 billion—that is ently is colloquially known around been described as an age tax. Those almost a trillion dollars—from Med- here as the Buffalo bribe or the Americans who are 50 to 64 years old icaid expansion, and it gives $600 bil- Kinderhook kickback or the Hudson will pay premiums five times higher lion in tax breaks to the wealthiest hustle. Someone called it today the than what others pay for health cov- Americans and corporations while cut- Empire State enticement or simply Ni- erage, no matter how healthy they are. ting benefits for seniors, working fami- agara calls. There will be less coverage because lies, and the most vulnerable among There are some Republicans in up- we are going to take away health care us. state New York who are very nervous for 24 million hardworking Americans. Frankly, we don’t know everything it about voting for this bill, so what they And for older Americans, once again, does because there have been amend- have extracted is a promise, a very spe- something that they rely on in terms ments after amendments that have cial provision that doesn’t apply to the of healthcare coverage is what happens been passed today. We still don’t know other 49 States. It applies only in New to Medicare. Well, Medicare and the what the full impact of this bill is, yet York, and it would say that New York trust fund for Medicare will have a they are pushing through a vote tomor- State alone cannot assess its counties shortened life by 2 or 3 years because it row if they can get enough votes to to participate financially in the Med- takes $170 billion from the Medicare pass it. icaid system. There are lots of other trust fund. TrumpCare is going to raise the cost States that do it, but only New York To do what? What does all of this of health care by about $14,000 for those could not do it. It could not assess the mean? Who benefits from this legisla- between the ages of 50 and 64. That is counties, except it could assess any ju- tion that my Republican colleagues the age tax you have heard about on risdiction with more than 5 million want to pass tomorrow and who are the floor tonight. And it is going to people. strong-arming their own Members to raise premiums for almost everyone. It Gee, what do you think that is? vote for it? Who benefits? puts a 30 percent penalty for getting Maybe New York City. Don’t take my word for it, but the health care to anyone who suffers any Now, the problem with this other Joint Committee on Taxation esti- kind of a catastrophic event that than it being sordid and unseemly— mates that two of the tax breaks in the throws you off of health care. If you this Buffalo bribery, this Hudson repeal bill will give a $275 billion tax lose your job and somehow you end up hustle—is that it is unconstitutional cut to individuals with incomes over without health care for a couple because the Federal Government can $200,000; $190 billion in tax cuts for in- months, you are going to have to pay try to persuade States to do something surance companies and drug companies 30 percent more in order to get your by offering money, but it cannot ex- who are making a fortune, for medical health care back. tract a concession through coercion, device manufacturers who are making You heard from Representative KEN- and it cannot treat one State dif- a fortune. NEDY about mental health, you heard ferently from every other State. It vio- And so what is the balance? from Representative ELEANOR HOLMES lates the principle of equal sov- It is working Americans, older Amer- NORTON about work requirements, and ereignty. icans who are going to pay increased that is just a piece of what this I would just say, Congresswoman costs for premiums and deductibles, TrumpCare bill does. JAYAPAL, this legislation is not only and the wealthiest corporations and in- Tomorrow I will join my Democratic reactionary, taking us back to a past dividuals are going to get a $600 billion colleagues and hopefully enough Re- nobody wants to go back to, and not tax cut. publican colleagues who know that our only dangerous, but it is also unconsti- I will make one final comment be- job is to make sure we provide health tutional because of the Buffalo bribe cause this is where the values of this care for everyone across this country. that is built into it. Nation come into play, and when you Tomorrow I will vote ‘‘no’’ for the 24 Ms. JAYAPAL. Mr. Speaker, once think about a young woman in my dis- million people who will lose their cov- again, it looks like we need to school trict, Mnikesa Whitaker. She is 36 erage. I will vote ‘‘no’’ for the almost our colleagues on the Constitution. I years old. She has an autoimmune dis- 15 million people who will lose their thank Mr. RASKIN for consistently ease known as scleroderma. She cannot coverage under Medicaid expansion doing that. breathe without an oxygen tank. She alone. I will vote ‘‘no’’ for the millions Now it is a great honor to yield to cannot work any longer at 36 years old. of low-income women who rely on serv- the gentlewoman from Connecticut What she says to me is, without the Af- ices from Planned Parenthood. I will (Ms. DELAURO), the dean of the con- fordable Care Act, each day is one day vote ‘‘no’’ for the tens of thousands of gressional delegation, a champion for less in her life. We cannot let the people who will literally die each year women and families, paid leave, and Mnikesa Whitakers all over this Nation if the Republicans succeed in repealing health care across our country. down in order to be able to take care of the health care that we have now. Ms. DELAURO. Mr. Speaker, I am so tax cuts for the wealthiest Americans Let’s be clear that the Republican honored to join my colleagues here to- and increase the costs to working majority has been passing legislation night. I thank the gentlewoman for Americans and older Americans. and voting to repeal the Affordable taking the lead in this effort. We have an opportunity to say no to- Care Act for 7 years, yet they could not There really is such an urgency to morrow and defeat this Republican come up with a plan that would, in this debate and to what is happening healthcare plan supported by the Presi- fact, do what they promised, which is on the floor of this House. I rise to dent and the Speaker of this House, to make sure that we are covering voice my opposition to the repeal of which will only do great damage to the more Americans at lower prices. As my the Affordable Care Act, but the ur- health care of the people of this great friend, Representative RASKIN, said, gency of the debate is because tomor- Nation. this is not a healthcare plan. A

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.082 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2340 CONGRESSIONAL RECORD — HOUSE March 22, 2017 healthcare plan would cover more peo- The SPEAKER pro tempore. Is there uniform in the Air Force. He could ple. This is a tax plan to take the bene- objection to the request of the gen- have enjoyed a nice retirement and had fits that working families were receiv- tleman from Wisconsin? some relaxing time, but he chose to ing on healthcare coverage across the There was no objection. step up and serve yet again in Con- country and convert it into tax bene- Mr. GALLAGHER. Mr. Speaker, I gress. fits for the wealthiest, $600 billion in was back in Green Bay, Wisconsin, the Mr. Speaker, I yield to the gentleman tax benefits. past week. Someone asked me: What is from Nebraska (Mr. BACON), my distin- People around the country are call- the biggest surprise you have encoun- guished colleague, the pride of Omaha, ing in to say if you care about the tered since being in Congress? Nebraska, a general, now Congressman. American people and if you care about I said: I will give you a negative sur- Mr. BACON. Mr. Speaker, I want to providing health care for all of us, this prise and a positive surprise. The nega- thank my friend from Wisconsin for or- is a bad plan, you should not vote for tive surprise was how much of our time ganizing this. He is a wonderful fresh- it. And Republicans are hopefully lis- is spent here in Congress doing things man Member of the class. tening to constituents across the coun- that really, in my opinion, have noth- I rise today in support of congres- try, to their Governors in Republican ing to do with the hard task of legis- sional term limits. States, Republican Governors who have lating, running around to an endless In 1846, when then-Congressman said how much Medicaid expansion has series of meetings that distract us from Abraham Lincoln was elected to the helped their States. They have asked the hard work of the floor of coming U.S. House of Representatives, he was and pleaded for people to keep what we together and fixing problems. part of a freshman class that made up have; to make it better, yes, but not to I said: But on the positive side, I one half of the 35th Congress. In other strip $880 billion away. have been blown away by the quality of words, half of the Congress were new Just recently, PAUL RYAN, the talent, the commitment to service, and Members when he got elected. Today, Speaker of our House, was quoted as just the incredible collection of experi- in the 115th Congress, our freshmen saying that he has been dreaming ences we have in the freshman class of class of 55 Members make up less than about yanking health care away from the 115th Congress—on both sides of 20 percent of this body. But here is a the people who need it the most since the aisle, by the way. more stark number. he was ‘‘drinking at a keg.’’ I think we have a unique opportunity In the last election, 97 percent of This is what he said: ‘‘So Medicaid, to seize this moment and send a mes- House incumbents won reelection—97 sending it back to the states, capping sage to our citizens back home that we percent. Only 3 percent of the chal- its growth rate, we’ve been dreaming of are ready to change politics as usual lengers defeated an incumbent. I was this since I have been around—since and we are ready to work together to fortunate to be one of the exceptions to you and I were drinking at the keg. get things done. So today we would these overwhelming odds. . . .’’ like to speak about that in general and Since Abraham Lincoln, our country Well, I don’t know what he was has grown, this institution has grown, thinking about when he was drinking in particular about term limits, an idea whose time has come. and so has the length of time Members at the keg, but I can tell you that what stay here. As a person who is new to we have been dreaming about as Demo- In my 10 years in the Marine Corps and during two deployments to Iraq, I Congress and is new to politics, I can crats, as people who care about the tell you the reason why congressional health care of people across this coun- saw brave young men and women from across this country working together, favorability ratings are now at 8 per- try is that we cover people, that we cent. Our constituents feel that we don’t put anyone in a position where doing whatever it took to accomplish have lost touch. The longer we stay they are one healthcare crisis away the very difficult mission. here in Congress and don’t cycle back from bankruptcy, that we make sure b 1715 to our home districts, the more out of that kids can get asthma inhalers, that I would submit that our constituents touch we are perceived. we make sure that grandma and from across the country sent us here to To restore America’s trust in Con- grandpa can go into the nursing home accomplish a very difficult mission. gress, we must institute term limits. and get the care that they need. If we They sent us here not to treat our time Our Forefathers intended the House of pass this bill tomorrow, those grand- here as a career, but rather like a de- Representatives to be an arm of gov- parents are not going to have the care ployment, an act with a sense of ur- ernment closest to the people, and to that they need. Nursing homes are gency to get things done. And, my be the purest embodiment of a rep- going to shut down. We are going to gosh, do we have a list of problems that resentative democracy. Members of the take away jobs from rural areas, rural we need to fix. people’s House were to come from dif- hospitals across this country. Our healthcare system in this coun- Mr. Speaker, today, as we close this ferent walks of life and careers to bet- try has failed the American people, the Progressive Caucus Special Order hour, ter shape the direction of our great I say to my colleagues on the other Federal debt and deficit continue to country. Members of Congress were to side of the aisle that I believe we all balloon, taxes are driving out busi- feel obligated to serve by a sense of have the interests of the American peo- nesses and jobs, and our foreign policy civic duty rather than a desire to purple at heart, and if we do, then I hope is in shambles right now. These issues sue a career in public office. We have we will stop this TrumpCare bill from aren’t new, yet they never seem to get lost sight of this intent. moving forward tomorrow. fixed. Why is that? Well, I would argue The American people deserve new Mr. Speaker, I yield back the balance because Washington isn’t working for ideas from new faces here in Wash- of my time. the American people. The people’s ington. This is the principal reason House has become distracted and dis- why I am here today with this great f torted from its original intention. It is honor bestowed on me from the people CONGRESSIONAL TERM LIMITS up to us—the new Members of Con- of Nebraska’s Second District. Congres- The SPEAKER pro tempore (Mr. gress—to fix that and restore the bal- sional term limits would ensure that MARSHALL). Under the Speaker’s an- ance that the Founders and the Fram- we send more successful farmers, suc- nounced policy of January 3, 2017, the ers had in mind—the concept of the cit- cessful teachers, business leaders, doc- gentleman from Wisconsin (Mr. GALLA- izen legislator—people from all walks tors, nurses, and veterans to Wash- GHER) is recognized for 60 minutes as of life who would put aside their pri- ington so that we can address problems the designee of the majority leader. mary responsibility and come and em- with a firsthand perspective. We need GENERAL LEAVE bark on a season of service and then re- more people in Congress who were suc- Mr. GALLAGHER. Mr. Speaker, I ask turn home when that season was done. cessful prior to becoming a politician. unanimous consent that all Members Today, I am proud to be joined by my We need to restore this House as the may have 5 legislative days in which to fellow freshmen Members of Congress people’s House. revise and extend their remarks and in- who are going to speak about term lim- Mr. GALLAGHER. Mr. Speaker, lis- clude extraneous materials on the its. It is my honor to welcome a man tening to my colleague’s remarks, I topic of my Special Order. who served his country for a career in was reminded of what another general,

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.084 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2341 General Dwight D. Eisenhower, said: one of the things that makes us unique that the turnover process in the Lou- ‘‘You know, farming looks mighty easy in the way that we have set up our gov- isiana legislature has been a very when your plow is a pencil, and you’re ernment. healthy thing for our State. There are a thousand miles from the cornfield.’’ The Founders incorporated terms of new faces, new ideas, and new ap- I think that sentiment was echoed by service and staggered service in the proaches to problems that have beset DON BACON, which is to say people who U.S. Senate. Of course, they could have our State for generations. have actual experience dealing with instituted term limits back then, but I As in a State legislature, a term lim- hard problems are the best type of peo- think they believed that it was unnec- ited Member of Congress would be more ple to legislate on those problems from essary. willing to do a number of things, in- Congress. Look at the statistics of the Found- cluding act quickly to fix problems, Mr. Speaker, I am honored to wel- ers’ era. The rate of reelection and re- rather than merely manage them or come another distinguished colleague turn to Congress back then was rough- delegate broad powers to the executive from Louisiana. We in Wisconsin are ly 50 percent. You just heard my branch and the bureaucracy. They all honored to welcome a bunch of LSU learned colleague from Nebraska re- would be more willing to question bu- fans to Lambeau Field. I won’t rehash port to you here that the last election reaucracies and the old-established how that went, but it was a great com- cycle, it is much, much higher. Now, in programs. And I think they would nating together of two great sports fans. It America, the rate of reelection and re- urally enjoy greater independence. was really a privilege for everyone turn to Congress is 97 percent. That is Logic simply tells us that term limits there. not something I think that the Found- would also allow for a greater diversity Mr. Speaker, I yield to the gentleman ers would have ever imagined. of people, ideas, and backgrounds in from Louisiana (Mr. JOHNSON), my col- Today, we also have fewer and fewer Congress, naturally evolving this legis- league. marginal districts. Incumbents often lative body into one that more closely Mr. JOHNSON of Louisiana. Mr. win by landslides because they have reflects the people and the actual de- Speaker, I thank my distinguished col- such huge advantages in terms of grow- mographics of our Nation, as I think league, particularly for not recounting ing financial support, modern media the Congress did in the Founders’ era. the events of that game. But we are exposure, and constituent service oper- Today, there is a real bipartisan dis- here, Mr. Speaker, to talk about a very ations. appointment about Congress and its important issue to our country and to Another modern phenomena is that dysfunction. Thankfully, our new all of us. studies show Members tend to support President has taken determined steps Prior to my election to Congress last more and more government spending toward addressing this issue. Some of December, for nearly 20 years, I prac- the longer they serve in Congress, and these actions have already greatly ticed primarily in the arena of con- this is true across the political spec- upset Washington and the politically stitutional law. I had the great privi- trum. That has created a real problem, established. But these changes are im- lege of litigating often high-profile because the Federal Government has portant because the transparent and cases around the country, defending re- grown so very large now as a result of accessible government is the very basis ligious liberty, the sanctity of human all that spending. Its scope and power of a democracy. This is why I have made this one of life, and traditional American values. is just simply exponentially greater my top priorities while in Congress. I I deeply revere our matchless Con- now than it was in the Founders’ era. stitution, and I fought to defend its ap- At the same time, accountability has congratulate all of my colleagues who plication according to its plain lan- gradually decreased over the years as joined me in that resolve. I truly believe the future of our government and guage and its original intent. I believe the growing bureaucracy has developed how it is run depends upon how we han- our Founding Fathers were divinely in- into a sort of fourth branch of govern- dle important issues like this. spired to draft our extraordinary ment. Over the past several decades, a We need to look no further than our founding documents just as they did growing class of nameless, faceless bu- last Presidential election to see how and to establish for us the framework reaucrats have been allowed to absorb out of touch the people believe that of a free Republic. It has been the and handle more and more of the au- Washington can be. Polls say that be- model for, and the envy of, the other thority and to handle more and more of tween 75 and 80 percent of the Amer- nations of the world since its creation. the contentious and most consequen- ican people right now support term America is different. America is ex- tial issues that face our Nation. limits for Congress, and I also believe ceptional. And we are, as the Gipper The problem is the bureaucrats never that it is the right move for our Na- used to say, ‘‘the shining city upon a have to face or answer to the voters. tion. Desperate times call for desperate hill,’’ citing scripture, and ‘‘the last, Many who have served in Congress for measures, and I think we have reached best hope of man on the Earth.’’ many decades have become part of that point. For all their merits, however, even what we now refer to as America’s pro- Let’s give the people a chance to de- the original provisions of the Constitu- fessional political class. Those Mem- cide this important matter. Let’s go tion are sometimes appropriate for bers have gradually become more de- through the constitutional amendment modification by the people. The Found- tached, and some have fully lost touch process. Let’s put it to a vote of the ers understood this. They recognized with the real concerns of the citizens elected representatives of the people. that, in spite of their great wisdom, they represent. And let us return to the ideals of ac- they could not foresee every future Due to the busy schedule here, Mem- countability, selfless public service, contingency and change in our society bers of Congress now spend far more and the model of the citizen legislator. and our government. So they provided time in the beltway than they did in I will continue to push for reforms in us an orderly process to amend our the founding era for certain. And one our government and combat corruption great Constitution. has to strive much harder now to be at and D.C. cronyism as long as I am here. I am one who believes the time has home as often as necessary to keep in Our Founders intended our government come to end a term limits provision, touch with the folks that all of us rep- was to be one of the people, by the peo- precisely because the form and func- resent. ple, and for the people, as Lincoln fa- tion of so many aspects of our Federal For many, when they are here a long mously said. Imposing congressional Government have evolved today into time, their ideals tend to grow old with term limits will help restore that something the Founders could never time, their energy often wanes, and foundational principle, and it will send have imagined two centuries ago. ideas naturally get stale. There is a strong message to our children and First, I believe the Founders as- much to be said for fresh faces. future generations that America is still sumed, I think they assumed that In my home State of Louisiana, we a country that puts national interests there would be a regular turnover of instituted term limits in our State leg- above personal agenda. Federal officeholders. Why do we say islature several years ago. I had the Mr. Speaker, I thank my colleague that? Well, one of our seminal and honor of serving there for a short time for bringing this to the floor tonight. foundational principles is the limita- before I came to Congress. And I can Mr. GALLAGHER. Mr. Speaker, I tion and the separation of powers. It is testify today, from my own experience, thank Mr. JOHNSON. And I just want to

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.086 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2342 CONGRESSIONAL RECORD — HOUSE March 22, 2017 say that he and all the great citizens of b 1730 But as he pointed out, with a 94 percent the great State of Louisiana are wel- I thank my colleague, Mr. incumbent reelection rate, and a turn- come back any time to Lambeau Field. FITZPATRICK, not only for his leader- over rate that is less than European It was an honor to have him there. ship on this issue, but on a host of monarchy, it isn’t working that way, Mr. Speaker, it is my honor to intro- issues related to congressional reform, owing to the advantages of incum- duce a colleague from Pennsylvania’s whether it is no budget, no pay, or a se- bency. So we need to take action right Eighth District, who served his coun- ries of other bills that he has intro- now. I thank him for his commitment try in the FBI. I am now honored to duced; and I look forward to working to this. This really is a bipartisan serve with him on the Homeland Secu- with him. issue. rity Committee, to which he brings an Mr. Speaker, just to show that this is I am now honored to yield time to incredible wealth of experience. I think an issue that transcends parties, that my fellow Marine, the gentleman from he is living proof of the necessity of transcends ideological divide, I am Michigan (Mr. BERGMAN), a man who embarking on term limits and imple- honored to yield to my colleague from also served his country in uniform, and menting them now. the great State of California (Mr. like General BACON before, could have easily decided to enjoy retirement, but Mr. Speaker, I yield to the gentleman KHANNA). from Pennsylvania (Mr. FITZPATRICK). Mr. KHANNA. Mr. Speaker, I thank felt the call to step up and serve his Mr. FITZPATRICK. Mr. Speaker, I Congressman GALLAGHER for his bipar- country again. He brings a wealth of want to thank the gentleman from tisan leadership on the term limits ini- experience, and it is my honor to serve Wisconsin (Mr. GALLAGHER), my col- tiative, and my friend General with General—now Congressman—JACK BERGMAN. We are neighbors. We have league, for his leadership on this issue, BERGMAN for his leadership on this and to all the Members of our class issue. territory that borders each other, and who have joined together in the shared I don’t think term limits are a par- so far, we have avoided any land dis- belief that this institution is one of, tisan issue. The Economist had an arti- putes. by, and for the people, not one belong- cle that the turnover rate in the peo- Mr. BERGMAN. Mr. Speaker, I thank Congressman GALLAGHER for his leading to a class of professional politi- ple’s House is less than European mon- ership on this issue, and the leadership cians or partisan elites. Since being archies. European nobility turnover is across the board here as a Member of sworn in earlier this year to serve the at a faster rate. Incumbency reelection what we—I think most of us smile people of Bucks and Montgomery Coun- is 96 percent. When folks say, ‘‘Why when we say the freshman class, be- ty, I have made it my mission to ad- can’t you just vote people out of of- cause when I look across the experi- vance commonsense bipartisan govern- fice,’’ it is not looking at the actual ence level of all of the freshman Con- ment reform agenda that includes, per- statistics. Ninety-six percent of folks gressmen, no matter Democrat or Re- haps, the single most important thing here are reelected, and that is not what publican, what this country is blessed that I believe we need to do in this Na- our Founders intended. to have today, as Members of this 115th tion, and that is institute term limits. James Madison and Alexander Ham- Congress, are people who come here For 14 years, serving as an FBI agent, ilton agreed: ‘‘The security intended to with the sense of mission, a sense of most of that time being in the political the general liberty consists in the fre- purpose, a sense that we know what we corruption units throughout the coun- quent election and in the rotation of have here in this country. try, there was one commonality that I the Members of Congress.’’ saw very frequently—there was an un- We may have disagreements as to They envisioned a place where people how we are going to get to where we mistakable correlation between the would come, serve, and go back home need to go, but we all agree that we length of time in office and the in- to their communities. need to go there. The question is: How stances of corruption, and that the Thomas Jefferson said that people do we do it? lines that were very bright for elected ought to live, lawmakers ought to live One of the ways you create an envi- officials coming into the system on day under the laws that they pass. The only ronment where you have fresh ideas one weren’t so bright in year 7, 8, or 9, way we get back to our founding ideals and fresh ways of looking at it is to and certainly not in year 15 or 20. is if we pass some version of term lim- change the people who are presenting Even the most well-intended back- its so that people do their public serv- and acting those ideas. bone individuals oftentimes can be cor- ice, and then return to the commu- I find myself asking many times as rupted by a system that has the power nities where they reside. we stand on the floor here: What would to change some people. Those lines be- This bill on term limits is really a the Founders say if they were here come blurred over time. And it is with move against political dynasty, and today with us? How would they look at this background and these real-world that is one thing that this election how we are enacting their vision of experiences that myself and my col- showed us people really were not for. what it means to be a constitutionally- leagues are pushing this issue, in this They don’t like the idea of a few fami- based Republic that is ‘‘We the Peo- House of Representatives, in this lies, or people connected, holding the ple’’? How would they react? Chamber, for the 115th Congress. reins of power. I think there are probably a few I, myself, introduced House Resolu- Let me end with someone who I things that they could not have imag- tion 7 on my first day, among other re- think summed this up so eloquently, ined. Twitter or Snapchat might be one form-minded measures, on my first day which is Barbara Bush, our former of them—pick your way of commu- in Congress. This was a constitutional First Lady. She said: ‘‘If we can’t find nicating across the spectrum that we amendment that would, once and for more than two or three families to run now have today as our reality. I am not all, set term limits for Members of the for high office, that’s silly, because saying those things are bad. They are House and the Senate. there are great governors and great eli- just the new reality that we have. As tonight shows, there is a wide gible people to run. And I think that So how do we take what was given to range of support for this need of re- the Kennedys, Clintons, Bushes, there us as a framework and move it for- form. And, in a time of deep political are just more families than that.’’ ward? division and distrust between citizens This is from Barbara Bush, who un- Well, again, my colleagues have all and their government at an all-time derstood the essence of democracy is to eloquently very well stated that they high, term limits can be the first step have new voices, new families, new believe that we need to have a higher towards restoring the essential bond ideas. That is why I hope that people turnover in Congress. Term limits is between the American people and Con- across the aisle will support the initia- going to be a very good first step in en- gress. tive for term limits. suring that we maintain the freshness So I urge my colleagues to join us in Mr. GALLAGHER. Mr. Speaker, I of ideas. transitioning power away from the po- thank Congressman KHANNA for his When you look at the challenges that litical class here in Washington, D.C., comments. He gets at a really impor- face our country, we know that there and sending it back to its rightful tant point, which opponents of term are people out there who have chosen place—in the hands of the American limits will say: Well, we have term lim- not to run, for whatever reason, be- people. its that occur naturally every 2 years. cause of the fact that they view they

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.088 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2343 can make more of a difference outside Mr. ARRINGTON. Mr. Speaker, I I know there is a division of opinions of Congress. That is too bad, because thank my distinguished colleague for on this issue, and there are some prin- we need good people. We need them. We his leadership on this very important cipled arguments against term limits. need them to be here, to be part of us. issue. I just remember talking with the One of the brutal realities as—author I have made the statement often man who held this seat before I did, Jim Collins of ‘‘Good to Great,’’ you when I ran for this office that I ran to Congressman Reid Ribble. He had spent know, he talks about facing the brutal change not only the course for this his entire life in roofing, which was a realities. One of the brutal realities country, but the culture of Wash- nonstandard preparation for serving in that I believe we have to face is the ington. It is my strong belief that we Congress, but he decided to give up his professional politician. That wasn’t cannot change the course in any mean- successful private sector career to written about anywhere 240 years ago. ingful way without changing the cul- come here for a season of service and to It just occurred over time. ture. work on behalf of the people of north- It is our responsibility—especially as So I want to, again, thank my col- east Wisconsin. a freshman class, you can feel the pas- league, MIKE GALLAGHER, for his lead- sion that we believe is the right pas- ership in rallying the freshman class, b 1745 sion to be put behind term limits to both Republicans and Democrats, on an He term-limited himself. I would de- begin to make the change necessary. issue that I think, because of this bate this issue with him, and we went So we are all in this together. In fact, unique time in the history of our coun- back and forth. Ultimately, he said I am proud to be a member of the fresh- try, a time that I think calls for bold something that stuck with me, and I man class, and I am proud of the fact action, he is seizing the opportunity think it is the most powerful argument that we signed a commitment to civil- and heeding that call on behalf of our for implementing term limits. ity a couple of months ago that put us freshman class. And so I am deeply He said: Every day, I woke up, and I in a position where we are finding our grateful for his courageous leadership. knew that I had one less day to make voice. And what you are hearing today Our country, the greatest experiment a difference in the people’s House. One from our colleagues is part of that in liberty and democracy, was con- less day. And so every day, I woke up voice says: We need to do some things ceived by men of great principle; men with a sense of urgency, wanting to fix a little differently. who were committed to leading, to gov- problems and get things done on behalf So let’s move forward; let’s expand erning; and, yes—and I know this isn’t of my constituents. the debate; and let’s make sure that we popular—to compromising; making dif- I just think about that whenever I are inclusive in everyone who wants to ficult decisions and putting the Na- consider this debate. I just think get their opinion heard on this issue; tion’s interest above their own per- about, if all 535 Members of the House and make sure that those who have sonal interest. They were also men who and the Senate woke up with that same questions about what we mean, we ar- never envisioned a lifelong career in sense of urgency, if we all woke up ticulate it because in so many areas we politics. every day knowing we had one less day have got big decisions to make. This is In 1819, only 1 percent of Representa- to make a difference, imagine what we going to be a big one. tives had served over 16 years. Now, 20 could accomplish working together. In the Marines, we accept the mis- percent of Representatives have served So, Mr. Speaker, I thank all of my sion that is assigned; we plan and train over 16 years. The current scenario colleagues who have spoken so elo- for it, and then we execute it, and we where Members of Congress serve for quently on behalf of term limits, and I get it right. And that doesn’t mean we 15, 20, even 30 years, is inconsistent look forward to working with them. with the Founders’ view of citizen don’t make a few tweaks in the proc- Mr. Speaker, I yield back the balance statesmen. We need an environment ess, but the bottom line is that we ac- of my time. complish the mission. that encourages politicians to do what Mr. Speaker, I would ask all of my is right not by their party or some spe- f colleagues to seriously consider get- cial interest, and certainly not to se- U.S. POLICY TOWARDS KOSOVO ting behind support for term limits in cure their long-term career goals, but The SPEAKER pro tempore. Under the United States Congress. to do what is right for their fellow the Speaker’s announced policy of Jan- Mr. GALLAGHER. I thank Congress- countrymen. Period. uary 3, 2017, the Chair recognizes the man BERGMAN not only for his leader- I think passing legislation to imple- gentleman from New York (Mr. ENGEL) ment term limits across the board is a ship in the freshman class, but a life- for 30 minutes. good step in the right direction. I am time of leadership and a lifetime spent Mr. ENGEL. Mr. Speaker, an Olym- leading marines. grateful to be a part of this body and a pic Gold Medal; groundbreaking inter- I ask my team here in Congress, part of this freshman class. It is such a national conferences on religious co- whenever we are considering a difficult unique time in our Nation’s history. issue, to apply what I call the lance We need to go big; we need to go bold; operation intolerance; membership in corporal test. In other words, how are or we need to go home. the World Bank, the IMF, and other the policies that we are debating today So thank you for the opportunity, international bodies; and recognition and how is the legislation that we are Mr. Speaker, and my distinguished col- by more than 110 countries—these are considering going to affect that lance league. only some of the accomplishments of corporal, that 19-year-old man or Mr. GALLAGHER. I thank Congress- the young nation of Kosovo. woman at the tip of the spear? man ARRINGTON for his comments. As The United States was among the I think General BERGMAN has seen in he rightfully points out, the time is first to recognize Kosovo, and today we his career how messy things can get at now for big and bold action. We have a are its strongest backer, and rightfully the tip of the spear when you are far unique window of opportunity here so. First recognized by President Bush, removed from air-conditioned offices in that we must seize. The American peo- relations only deepened under Presi- Washington, D.C. ple gave us an opportunity to turn this dent Obama. For that, Kosovo proudly I believe having more people not only country around, to really, in my opin- has become the strongest supporter of with military experience, but with ex- ion, save the country. But that is all it the United States and Europe, sitting perience from a wide range of occupa- is: a fleeting opportunity. And what we at an 85 percent approval rating. tions will allow us to more thought- do over the coming days and weeks will This is not to say that Kosovo is a fully consider how our policies here, determine whether we get more of that perfect country. We are not a perfect designed in Washington, D.C., have real opportunity. country. Corruption needs to be at- impacts on the American people and, I thank Congressman ARRINGTON for tacked in Kosovo. Judicial reform is indeed, across the world. reminding us that this is just the first progressing far too slowly. And official I now yield to the gentleman (Mr. step; that the hard work is yet to unemployment hovers at just above 30 ARRINGTON) from Lubbock, Texas, to come. We have to fight for this idea to percent. So there is hard work to be talk more about this issue. It has been implement it, and there is a lot of hard done. There is obviously a lot of work great to work with the pride of Texas work ahead. I look forward to working to do. But I have visited this country Tech, the pride of Lubbock, Texas. with him on that. again and again and again and again;

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.089 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2344 CONGRESSIONAL RECORD — HOUSE March 22, 2017 and every time, I see progress, and I This, to me, is unconscionable and in pursuit of greater regional and know there is a bright future. shows tremendous bad faith on the part international stability. It would be de- I have often said that, as an Amer- of the Serbian Government. fensive and nonthreatening to Kosovo’s ican, I can go all around the world, but Serbia also fought Kosovo’s member- neighbors. Mr. Speaker, it would be ex- I will never get greeted with more love ship in UNESCO, ultimately a self-de- actly what the United States wants to and friendship than I will in Kosovo. feating act, because among Kosovo’s see in a partner. People there truly love Americans and most cherished historical cultural in- Yet, while Kosovo slowly moves to all things American. stitutions are its 13th century Serbian set up its small defensive force, Serbia The best way to help Kosovo is Orthodox churches. Kosovo did not get is beefing up its military with full Rus- through continued, strong support, as into UNESCO. It failed by three votes, sian backing. It is taking deliveries of the United States has done for many and again the Serbian interruption T–72 tanks, MiG–29 fighters, and S–300 years. But too many impediments played a major role in preventing them antiaircraft missile systems, courtesy stand in the way, many of them com- from getting into UNESCO. The United of Moscow and Vladimir Putin. ing from outside of Kosovo’s borders. States fought to have Kosovo into So I am a little confused, Mr. Speak- For example, Kosovo wants what UNESCO, but ultimately lost by three er. Kosovo, a country we support and most countries across the region want, votes. which supports us, wants what every to become part of a secure and inte- Kosovo and Serbia have sat down other country in the world has: a basic grated Europe, membership in the Eu- across the negotiating table in talks army in which its citizens can serve ropean Union and in NATO. Yet, just facilitated by the European Union. their nation, and probably serve along- five European holdouts stand in the Those talks showed some progress that side our own military if given the way of this progress for Kosovo. resulted in an agreement calling for chance. When it comes to United Nations normalization. I even nominated, at What do we do? We offer rebukes and membership, Kosovo’s way forward is that time, the Prime Ministers of diplomatic threats, and we make it blocked by Serbia and its ally, Russia. Kosovo and Serbia, along with the EU’s clear that we don’t support Kosovo In fact, Serbia seeks to block Kosovo former policy head, Baroness Catherine having an army at this time. That is at almost every turn, and lately has Ashton, for the Nobel Peace Prize. absolutely absurd and is a position been escalating tensions. Unfortunately, today, I question that we ought to change, and change Both Serbia and Kosovo want to go these successes. What kind of normal- quickly. Yet Russian weapons and ma- to the European Union, and I support ization involves stoking tensions teriel are pouring into Serbia, courtesy both of them getting into the European among a neighbor’s minority popu- of Vladimir Putin; and as far as I can Union. But one of those countries lation and standing in the way of inter- tell, the United States has stood in si- shouldn’t try to block another one, and national integration? That is what Ser- lence. Serbia has repeatedly tried to make it bia is doing to Kosovo, and it should be Regardless, Mr. Speaker, America’s difficult for Kosovo to get into the EU stopped. relation with Kosovo is strong and the and to get other things as well. In terms of Ramush Haradinaj, try- future is bright. We need to stay on Serbia recently sent into Kosovo’s ing to try him again, I don’t know why that course. Kosovo is a young coun- north a propaganda train emblazoned the Government of Serbia seems intent try. I have been there many, many with the words, Serbia is Kosovo, writ- on rekindling 20- and 30-year-old Bal- times. It is not even 10 years old. ten in 21 languages to foment discord kan wars. They were terrible things We know better than anyone that among Kosovo’s small Serbian popu- that happened in war and terrible building a democracy is hard work. lation. It pushed the building of a wall things that happened on both sides, but Sometimes you will face setbacks. in Metrovica, a tiny city straddling the the man was found innocent twice. Sometimes you need a helping hand. cleavages of Kosovo’s interethnic di- This is nothing more than bad faith on That is why American support is more vide. While that wall has now come the part of the Serbian Government important than ever. That is why the down, the scars remain. and harassment. United States should work to deepen Serbia has continued to deny justice It might come as a surprise to you, our ties, enrich our mutual under- to the loved ones of hundreds of vic- Mr. Speaker, but 9 years on, as a free standing, and continue to bring sta- tims of its campaign of ethnic cleans- and independent country, Kosovo still bility to the entire Balkan region. ing, including three American citizens, has no army. That is right. A sovereign That is the way to a more prosperous, the Bytyqi brothers. And there are all nation-state without an army. It has a democratic, and multiethnic Kosovo; kinds of insults, from a train and other small, lightly armed security force, but and that is the way for the United things, giving propaganda against nothing resembling the large Russian- States to see a Balkan region free, at Kosovo by Serbia pushed to the Ser- equipped Serbian military just next peace, and part of the whole of Europe. bian-Kosovo border that helps to esca- door. Meanwhile, France should send late tensions rather than bring them Earlier this month, Kosovo took a Ramush Haradinaj home. Enough is down. small step toward establishing its enough already. We cannot stand for As a result of a Serbian INTERPOL army. Legislation was submitted to any more of this nonsense. arrest warrant, French authorities re- parliament. Like the legislative proc- The United States should stand by cently detained former Kosovo Prime ess here in the United States, the in- Kosovo. Kosovo is a free and inde- Minister Ramush Haradinaj, who has troduction of a bill is only the opening pendent country. For many years, they already been acquitted twice by an note on a much larger and longer sheet were fed all kinds of lies about the international tribunal. of music, a score which involves con- United States during the old Com- We in the United States have this sultation with regional partners, the munist regime in the fifties, sixties, wonderful thing of no double jeopardy. international community, domestic and seventies. You know what? The If you go to trial and you are acquit- minorities, and NGOs. people of Kosovo didn’t believe a word ted, you cannot be tried on the same We all know how this process works. of it. thing again. That isn’t true of many There is back and forth, there is give So I would say to my colleagues and countries. and take. Supporters and opponents to my friends and to all of our Amer- So Ramush Haradinaj was accused of alike are welcome into the arena and ican citizens: When you visit Kosovo, war crimes, went to The Hague, spent all positions are heard. The process ac- you will know and you will be proud to many weeks and months there, was ac- counts for everybody’s concerns in be an American because people come quitted, and then was recharged again, some way or another. up to you in the street and want to and had to go back to The Hague to So what is in this proposal? What touch you, want to talk to you, want have another trial on which he was would Kosovo’s army look like? It to do everything and be everything again acquitted. Now, Serbia has ma- would be multiethnic, just as the American. Those are the kinds of nipulated INTERPOL to try to get a Kosovo security force and the Kosovo friends that we need. third trial on essentially the same police are now. It would partner with America does much for many, many matter for Ramush Haradinaj again. Western countries and hopefully NATO people around the world, many, many

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.092 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2345 nations, and sometimes we feel it is You know, every major bill that has from 24 million hardworking Ameri- not appreciated—but not in Kosovo. been passed by this Congress and cans. That is not acceptable. Everything the United States has signed into law needed some tweaks, Why shouldn’t we be working to- helped that country with is appreciated needed some changes, because you pass gether to improve ObamaCare? Why do from everyone, from the Prime Min- a law with good intention, but some- we need a new plan that will insure 24 ister to the President, to people in gov- times it doesn’t work out exactly as million less people than we insure now? ernment, to the average people in the you wanted it to work out. So you need It is bizarre. It makes no sense whatso- street. to change things, you need to make im- ever. I very often have people coming up to provements. When you see what is We also feel, when we analyze it—and me in the street wanting to talk to me. working, what is not working, that is this is, again, what the Congressional They recognize me. They say: Thank what you do. Budget Office tells us—there are higher you. Thank you to America for stand- That is what this Congress should do costs. TrumpCare forces families to ing by us in our independence. Thank with ObamaCare. We should say where pay increased out-of-pocket costs and you to America for being strong and premiums are going up or where cer- higher deductibles. keeping us strong. tain jurisdictions only have one insur- So what does that all mean? So those are the kinds of friends I ance company and, therefore, there is It means you pay more and you get want to have. Those are the kind of no competition, we can figure out ways less. That is a pretty bad deal. I don’t think anybody wants that deal. I think people I want to have. to fix it. We can figure out ways to Democrats and Republicans, alike, So I would say to the people of tweak it. That is what the American don’t want that deal. I think Ameri- Kosovo and the Government of Kosovo: people would want us to do. The Amer- cans don’t want that deal. We want it The United States stands by you and ican people would want us to work to- the opposite way. We would like to pay always will stand by you. gether and would want us to work in a less and get coverage. But what I would say to the Government of bipartisan fashion to try to fix what TrumpCare does to the Affordable Care Serbia: We support the aspirations of was wrong with ObamaCare. the Serbian people to enter the Euro- Act, you pay more and you get less. Now, there are many wonderful If that weren’t bad enough, an anal- pean Union, but Serbia ought to stop things about ObamaCare. First of all, ysis of it finds that there is a crushing doing what it is doing to block Kosovo. everyone knows it eliminated the so- age tax. TrumpCare forces Americans Serbia ought to stop its belligerent called preexisting condition problem, between the ages of 50 and 64 to pay moves against Kosovo. where before, when you changed jobs premiums which are five times higher Both countries should go into the Eu- and you went to a new insurance com- than what others pay for health cov- ropean Union—and eventually, NATO— pany, the insurance company said, erage, no matter how healthy they are. and each one should not stop each ‘‘Sorry, you have had cancer for 3 years Talk about discrimination. other. They should help each other. and you have been treated; we are not If you are a 50-year-old that is in HEALTH CARE going to treat you for cancer because it good health, why should you have to Mr. ENGEL. Mr. Speaker, I want to is a preexisting condition,’’ or a heart pay five times more premium than spend the next couple of moments talk- attack or whatever it is. That was basi- what others pay for health coverage? ing about a subject that is very near cally unconscionable. Doesn’t sound like a very good idea to and dear to everyone’s heart, and that And millions of people couldn’t get me. is health care. I want to do it because help because they changed a job and, And then you say: How do they get tomorrow we have a big healthcare therefore, changed a healthcare plan. the money to pay for whatever? Well, vote here in the Congress, and I think That was changed in ObamaCare. And it steals from Medicaid and Medicare. it is very important that we all very that was a very, very important thing TrumpCare ransacks the Medicaid clearly lay out what we really feel because an insurance company can now funds that allow seniors to get the should happen. no longer deny you coverage because of long-term care they need and shortens Last week, as part of the Energy and a preexisting condition. the life of the Medicare trust fund by 3 Commerce Committee, I was up for Also, as everybody knows, children years. Again, pretty bad deal for me. about 28 hours in a row marking up a up to 26 years old can now stay and be And you say: Well, who benefits from bill that was done all night long. At insured under their parents’ insurance this? If this is something that people the time when we marked it up, we plans. That was a very good plus of are going to have to pay more and get thought it was a bit silly because the ObamaCare, or of the Affordable Care less coverage, it is discriminatory for bill hadn’t been scored by the Congres- Act. people ages 50 to 64. It hurts middle sional Budget Office, so we had no idea And there were other very, very im- class people making $30,000, $40,000, what it cost. It was like buying a pig in portant, good things. We had more peo- $50,000, $60,000 a year, hurts them and a poke. How could you decide whether ple being covered than ever before. hurts seniors, knocks seniors out. Well, something is good or not when you People who had never had health cov- who does it help? don’t even know what the cost is? erage got it now because of the Afford- Well, guess what? TrumpCare ran- Since we obviously don’t have unlim- able Care Act. sacks the Medicaid funds that allow ited funds, if something costs more So what do we see now? We see, in- seniors to get the long-term care they money, we have to pull it out of some- stead of trying to put it together in a need. I said that before. But what does place else. bipartisan fashion, trying to fix it, we it do? It lowers tax cuts for the rich. So have this bill which passed the Energy the rich get more tax cuts—I am sorry. b 1800 and Commerce Committee and passed It doesn’t lower it. It gives the rich So we voted on a bill. Unfortunately, the Ways and Means Committee and more tax cuts. it was a strict party-line vote, and the supposedly is going to be on the floor So it is really kind of nice, I suppose, bill passed. Shortly thereafter, a few tomorrow if they can round up the when you have a billionaire President, days later, the Congressional Budget votes. They are having difficulty it is nice to help the rich—but not at Office scored it; and I think it was, rounding up the votes. the expense of middle class America. frankly, from my vantage point, a dis- And what do we see when we look at So when you look at this plan, it is a aster for the bill. this new bill that they are asking us to pretty bad plan for the middle class, Now, what I think that this Congress vote for? Let me tell you what we see. pretty bad. So if you didn’t like should be doing is I think that we If this bill would ever come into law, ObamaCare, you are going to dislike should make tweaks and fix the Afford- we would have much less coverage than TrumpCare even more. able Care Act, or ObamaCare. There ever before. Many people would lose If it is passed, once it is passed, we are many, many good things in their healthcare coverage, and we are going to see, again, premiums rise, ObamaCare, in the healthcare bill, in would have a smaller population actu- millions of people thrown out of insur- the healthcare act, that has now been ally being covered for health care. ance, and less coverage, but the very here for many, many years. But there We call it TrumpCare, and wealthy will get a nice, juicy tax are also some problems with it. TrumpCare will take away health care break.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MR7.093 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2346 CONGRESSIONAL RECORD — HOUSE March 22, 2017 So, you know who used to steal from should be a right, not a luxury. I be- (Rept. No. 115–56) on the resolution (H. the rich and give to the poor? This is lieve that the richest country that the Res. 221) waiving a requirement of stealing from the poor and giving to world has ever known can give its citi- clause 6(a) of rule XIII with respect to the rich. It is really disgraceful. zens health care. I believe in the sin- consideration of certain resolutions re- So I call on my colleagues on both gle-payer health care. ported from the Committee on Rules, sides of the aisle. Let’s defeat But even if it is not single-payer, and providing for consideration of mo- TrumpCare because it doesn’t help any- let’s take the original Affordable Care tions to suspend the rules, which was body, and let’s put our heads together. Act, keep what is good, enhance what referred to the House Calendar and or- We have enough talent in this place on is good and what needs to be corrected dered to be printed. both sides of the aisle, and that is what and changed. Let’s do it. That is what the American people want us to do. the American people want. That is f They want us to put our heads to- what the American people demand, and gether. They want us to work together we should do nothing less. LEAVE OF ABSENCE This bill ought to be defeated tomor- and come up with a plan that aids the By unanimous consent, leave of ab- largest amount of people at the lowest row. Let’s go back to the drawing board and come up with something we sence was granted to: possible cost. Mr. PAYNE (at the request of Ms. It won’t be easy. It will be very dif- can be proud of. Mr. Speaker, I yield back the balance PELOSI) for March 20 through today on ficult. But we should do it together, of my time. account of medical condition. not jam TrumpCare down our throat, f not tell people about false promises f when you know people are going to be RECESS thrown off. The SPEAKER pro tempore. Pursu- BILL AND JOINT RESOLUTION If you say: Well, you know what? It is ant to clause 12(a) of rule I, the Chair PRESENTED TO THE PRESIDENT going to be cheaper. Well, it is cheaper declares the House in recess subject to Karen L. Haas, Clerk of the House, if you throw off all the sick people and the call of the Chair. reported that on March 21, 2017, she you don’t give them insurance, and you Accordingly (at 6 o’clock and 11 min- presented to the President of the throw off all the seniors and you don’t utes p.m.), the House stood in recess. United States, for his approval, the fol- help them. Well, of course it is cheaper f lowing bill and joint resolution: because all the people that are sick and really need the help won’t get it. And b 2352 H.R. 1362. To name the Department of Vet- erans Affairs community-based outpatient after all, what is insurance about? In- AFTER RECESS clinic in Pago Pago, American Samoa, the surance is there just in case you get The recess having expired, the House Faleomavaega Eni Fa’aua’a Hunkin VA Clin- sick. was called to order by the Speaker pro ic. So I am very chagrined about this tempore (Mr. COLLINS of Georgia) at 11 H.J. Res. 42. Disapproving the rule sub- new bill. I hope it gets defeated tomor- o’clock and 52 minutes p.m. mitted by the Department of Labor relating row. I hope that we then go back to the to drug testing of unemployment compensa- f drawing board and come up with a pro- tion applicants. gram that will help the American peo- REPORT ON RESOLUTION WAIVING ple, not a program that helps Demo- A REQUIREMENT OF CLAUSE 6(a) f crats or a program that helps Repub- OF RULE XIII WITH RESPECT TO licans, but a program that helps Amer- CONSIDERATION OF CERTAIN ADJOURNMENT icans, because we are all in this to- RESOLUTIONS REPORTED FROM Mr. SESSIONS. Mr. Speaker, I move gether. THE COMMITTEE ON RULES, AND that the House do now adjourn. The bill proposed by my Republican PROVIDING FOR CONSIDERATION The motion was agreed to; accord- colleagues called TrumpCare is not a OF MOTIONS TO SUSPEND THE ingly (at 11 o’clock and 53 minutes bill for Americans that will aid them RULES p.m.), under its previous order, the with help when they get sick. As Amer- Mr. SESSIONS, from the Committee House adjourned until tomorrow, icans, I do believe that healthh care on Rules, submitted a privileged report March 23, 2017, at 9 a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the first quarter of 2017, pursuant to Public Law 95–384, are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO KOSOVO, SRI LANKA, AND GEORGIA, EXPENDED BETWEEN FEBRUARY 17 AND FEBRUARY 26, 2017

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Peter Roskam ...... 2/18 2/20 Kosovo ...... 469.71 ...... (3) ...... 469.71 Hon. David Price ...... 2/18 2/20 Kosovo ...... 469.71 ...... (3) ...... 469.71 Hon. Adrian Smith ...... 2/18 2/20 Kosovo ...... 469.71 ...... (3) ...... 469.71 Hon. Gerry Connolly ...... 2/18 2/20 Kosovo ...... 469.71 ...... (3) ...... 469.71 Jeff Billman ...... 2 /18 2 /20 Kosovo ...... 469.71 ...... (3) ...... 469.71 Justin Wein ...... 2 /18 2 /20 Kosovo ...... 469.71 ...... (3) ...... 469.71 Hon. Peter Roskam ...... 2/20 2/24 Sri Lanka ...... 1,002.75 ...... (3) ...... 1,002.75 Hon. David Price ...... 2/20 2/24 Sri Lanka ...... 1,002.75 ...... (3) ...... 1,002.75 Hon. Adrian Smith ...... 2/20 2/24 Sri Lanka ...... 1,002.75 ...... (3) ...... 1,002.75 Hon. Gerry Connolly ...... 2/20 2/24 Sri Lanka ...... 1,002.75 ...... (3) ...... 1,002.75 Jeff Billman ...... 2 /20 2 /24 Sri Lanka ...... 1,002.75 ...... (3) ...... 1,002.75 Justin Wein ...... 2 /20 2 /24 Sri Lanka ...... 1,002.75 ...... (3) ...... 1,002.75 Hon. Peter Roskam ...... 2/24 2/26 Georgia ...... 683.20 ...... (3) ...... 683.20 Hon. David Price ...... 2/24 2/26 Georgia ...... 683.20 ...... (3) ...... 683.20 Hon. Adrian Smith ...... 2/24 2/26 Georgia ...... 683.20 ...... (3) ...... 683.20 Hon. Gerry Connolly ...... 2/24 2/26 Georgia ...... 683.20 ...... (3) ...... 683.20 Jeff Billman ...... 2 /24 2 /26 Georgia ...... 683.20 ...... (3) ...... 683.20 Justin Wein ...... 2 /24 2 /26 Georgia ...... 683.20 ...... (3) ...... 683.20 Committee total ...... 12,933.96 ...... 12,933.96 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. PETER J. ROSKAM, Mar. 7, 2017.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 7634 Sfmt 8634 E:\CR\FM\K22MR7.095 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2347 EXECUTIVE COMMUNICATIONS, NUREG revision — Consolidated Guidance for printing and reference to the proper ETC. About Materials Licenses: Program-Specific calendar, as follows: Guidance About Licenses of Broad Scope Mr. GOODLATTE: Committee on the Judi- Under clause 2 of rule XIV, executive [NUREG-1556, Volume 11, Revision 1] re- ciary. H.R. 1215. A bill to improve patient ac- communications were taken from the ceived March 20, 2017, pursuant to 5 U.S.C. Speaker’s table and referred as follows: 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 cess to health care services and provide improved medical care by reducing the exces- 872. A letter from the Secretary, Depart- Stat. 868); to the Committee on Energy and Commerce. sive burden the liability system places on ment of Defense, transmitting a letter on the the health care delivery system; with an approved retirement of Lieutenant General 882. A letter from the Division Chief, FOIA Public Liaison, Bureau for Management, Of- amendment (Rept. 115–55, Pt. 1). Referred to Andrew E. Busch, United States Air Force, fice of Management Services, Information the Committee of the Whole House on the and his advancement to the grade of lieuten- and Records Division, U.S. Agency for Inter- state of the Union. ant general on the retired list, pursuant to 10 national Development, transmitting the Mr. SESSIONS: Committee on Rules. U.S.C. 1370(c)(1); Public Law 96-513, Sec. 112 Agency’s final rule — Freedom of Informa- House Resolution 221. Resolution waiving a (as amended by Public Law 104-106, Sec. tion Act Regulations (RIN: 0412-AA89) re- requirement of clause 6(a) of rule XIII with 502(b)); (110 Stat. 293); to the Committee on ceived March 20, 2017, pursuant to 5 U.S.C. respect to consideration of certain resolu- Armed Services. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 tions reported from the Committee on Rules, 873. A letter from the Chairman, Federal Stat. 868); to the Committee on Oversight and providing for consideration of motions Financial Institutions Examination Council, and Government Reform. to suspend the rules (Rept. 115–56). Referred transmitting the Council’s Joint Report to 883. A letter from the Acting Director, Of- to the House Calendar. Congress, pursuant to 12 U.S.C. 3311(e); Pub- fice of Sustainable Fisheries, NMFS, Na- DISCHARGE OF COMMITTEE lic Law 104-208, Sec. 2222(e); (110 Stat. 3009- tional Oceanic and Atmospheric Administra- 415); to the Committee on Financial Serv- tion, transmitting the Administration’s tem- Pursuant to clause 2 of rule XIII, the ices. porary rule — Fisheries of the Exclusive Eco- Committee on Energy and Commerce 874. A letter from the Assistant Director nomic Zone Off Alaska; Exchange of Flatfish discharged from further consideration. for Legislative Affiars, Consumer Financial in the Bering Sea and Aleutian Islands Man- H.R. 1215 referred to the Committee of Protection Bureau, transmitting the Bu- agement Area [Docket No.: 150916863-6211-02] the Whole House on the state of the reau’s 2017 annual report to Congress on the (RIN: 0648-XF009) received March 20, 2017, Union. Fair Debt Collection Practices Act, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); Public Law to 15 U.S.C. 1692m(a); Public Law 90-321, Sec. 104-121, Sec. 251; (110 Stat. 868); to the Com- f 815(a) (as amended by Public Law 111-203, mittee on Natural Resources. PUBLIC BILLS AND RESOLUTIONS Sec. 1089(1)); (124 Stat. 2092); to the Com- 884. A letter from the Secretary, Judicial mittee on Financial Services. Conference of the United States, transmit- Under clause 2 of rule XII, public 875. A letter from the Assistant General ting the Conference’s proposed ‘‘Criminal Ju- bills and resolutions of the following Counsel for Regulatory Services, Depart- dicial Procedure, Administration, and Tech- titles were introduced and severally re- ment of Education, transmitting the Depart- nical Amendments Act of 2017’’; to the Com- ferred, as follows: ment’s interim final rule — Open Licensing mittee on the Judiciary. 885. A letter from the Assistant Secretary By Mr. DEFAZIO: Requirement for Competitive Grant Pro- H.R. 1664. A bill to amend the Internal Rev- grams [Docket ID: ED-2015-OS-0105] (RIN: of the Army, Civil Works, Department of De- fense, transmitting the Corps’ Upper Ohio enue Code of 1986 to index the gas and diesel 1894-AA07) received March 20, 2017, pursuant tax and rebuild our roads, bridges, and tran- to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Navigation Study, PA Final Feasibility Re- port and Integrated Environmental Impact sit systems; to the Committee on Ways and Sec. 251; (110 Stat. 868); to the Committee on Means, and in addition to the Committee on Education and the Workforce. Statement for October 2014 (revised August 2016), pursuant to 33 U.S.C. 549a; Public Law Transportation and Infrastructure, for a pe- 876. A letter from the Acting Assistant riod to be subsequently determined by the Secretary for Legislation, Department of 91-611, Sec. 216; (84 Stat. 1830) (H. Doc. No. 115—22); to the Committee on Transportation Speaker, in each case for consideration of Health and Human Services, transmitting such provisions as fall within the jurisdic- the Department’s report entitled ‘‘Annual and Infrastructure and ordered to be printed. 886. A letter from the Assistant Secretary tion of the committee concerned. Report to Congress on the Use of Mandatory of the Army, Civil Works, Department of De- By Mr. RODNEY DAVIS of Illinois (for Recall Authority’’ for FY 2016, pursuant to fense, transmitting the Corps’ Princeville, himself and Mrs. BUSTOS): Sec. 206(f) of the FDA Food Safety Mod- North Carolina, Flood Risk Management In- H.R. 1665. A bill to ensure that Adminis- ernization Act of 2011, Public Law 111-353; to tegrated Feasibility Report and Environ- trator of the Federal Emergency Manage- the Committee on Energy and Commerce. mental Assessment for September 2015 (re- ment Agency considers severe local impact 877. A letter from the Acting Assistant vised April 2016), pursuant to 33 U.S.C. 549a; in making a recommendation to the Presi- Secretary for Legislation, Department of Public Law 91-611, Sec. 216; (84 Stat. 1830) (H. dent for a major disaster declaration; to the Health and Human Services, transmitting Doc. No. 115—23); to the Committee on Committee on Transportation and Infra- the FY 2016 Compounding Quality Act An- Transportation and Infrastructure and or- structure. nual Report as required by the Compounding dered to be printed. By Mr. JONES (for himself, Mr. DUN- Quality Act; to the Committee on Energy 887. A letter from the Assistant Secretary CAN of Tennessee, Mr. GARAMENDI, and Commerce. of the Army, Civil Works, Department of De- Mr. YOUNG of Alaska, Ms. LEE, Mr. 878. A letter from the Director, Regula- fense, transmitting the Corps’ Lower Wil- MASSIE, Ms. SPEIER, and Mr. tions Policy and Management Staff, FDA, lamette River Environmental Dredging and CLEAVER): Department of Health and Human Services, Ecosystem Restoration Integrated Feasi- H.R. 1666. A bill to prohibit the availability transmitting the Department’s final rule — bility Study and Environmental Assessment of funds for activities in the Islamic Repub- Presiding Officer for an Appeal and Informal for July 2015 (H. Doc. No. 115—20); to the lic of Afghanistan, and for other purposes; to Hearing; Technical Amendments [Docket Committee on Transportation and Infra- the Committee on Foreign Affairs, and in ad- No.: FDA-2017-N-0011] received March 21, structure and ordered to be printed. dition to the Committee on Rules, for a pe- 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Public 888. A letter from the Assistant Secretary riod to be subsequently determined by the Law 104-121, Sec. 251; (110 Stat. 868); to the of the Army, Civil Works, Department of De- Speaker, in each case for consideration of Committee on Energy and Commerce. fense, transmitting the Corps’ Puget Sound such provisions as fall within the jurisdic- 879. A letter from the Acting Assistant Nearshore Ecosystem Restoration Final Fea- tion of the committee concerned. Secretary for Legislation, Department of sibility Report and EIS report for September By Mr. MARINO (for himself, Mr. Health and Human Services, transmitting 2016 (H. Doc. No. 115—21); to the Committee GOODLATTE, Mr. CONYERS, and Mr. the 2016 ADUFA Financial Report, pursuant on Transportation and Infrastructure and or- CICILLINE): to Animal Drug User Fee Act of 2003, as dered to be printed. H.R. 1667. A bill to amend title 11 of the amended; to the Committee on Energy and 889. A letter from the Assistant Secretary United States Code in order to facilitate the Commerce. of the Army, Civil Works, Department of De- resolution of an insolvent financial institu- 880. A letter from the Acting Secretary, fense, transmitting the Corps’ Navigation tion in bankruptcy; to the Committee on the Bureau of Legislative Affairs, Department of Improvements Diomede, Alaska Final In- Judiciary. State, transmitting the Department’s Alter- terim Feasibility Report and Environmental By Mr. JODY B. HICE of Georgia (for native Fuel Vehicle (AFV) program report Assessment for August 2015 (H. Doc. No. 115— himself and Mr. LOWENTHAL): 24); to the Committee on Transportation and for FY 2016, pursuant to 42 U.S.C. 13218(b)(1); H.R. 1668. A bill to establish the Bureau of Infrastructure and ordered to be printed. Public Law 102-486, Sec. 310 (as amended by Land Management Foundation as a chari- Public Law 109-58, Sec. 705); (119 Stat. 817); to f table and nonprofit corporation to encour- the Committee on Energy and Commerce. age, accept, obtain, administer, and use pri- 881. A letter from the Director, Office of REPORTS OF COMMITTEES ON vate gifts, devises, and bequests for the ben- Congressional Affairs, Nuclear Regulatory PUBLIC BILLS AND RESOLUTIONS efit of activities and services of the Bureau Commission, transmitting the Commission’s Under clause 2 of rule XIII, reports of of Land Management, and for other purposes; committees were delivered to the Clerk to the Committee on Natural Resources.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.022 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2348 CONGRESSIONAL RECORD — HOUSE March 22, 2017 By Mr. DELANEY (for himself, Mr. Means, and Agriculture, for a period to be By Mr. LARSEN of Washington (for RODNEY DAVIS of Illinois, Mr. subsequently determined by the Speaker, in himself, Ms. DELBENE, Ms. JACKSON AGUILAR, Mr. BARR, Mr. BERA, Mrs. each case for consideration of such provi- LEE, Ms. MCCOLLUM, Mr. RUSH, Ms. BUSTOS, Ms. GABBARD, Mr. sions as fall within the jurisdiction of the TITUS, Mr. HECK, Mr. MCGOVERN, and GOTTHEIMER, Ms. HANABUSA, Mr. committee concerned. Ms. SINEMA): HECK, Ms. KELLY of Illinois, Ms. By Ms. DELAURO (for herself, Mr. H.R. 1681. A bill to improve the reproduc- KUSTER of New Hampshire, Mr. ZELDIN, and Mr. SUOZZI): tive assistance provided by the Department LOEBSACK, Mr. SEAN PATRICK MALO- H.R. 1674. A bill to amend and reauthorize of Defense and the Department of Veterans NEY of New York, Mr. MCKINLEY, Mr. certain provisions relating to Long Island Affairs to severely wounded, ill, or injured MOULTON, Mr. NORCROSS, Mr. PETERS, Sound restoration and stewardship; to the members of the Armed Forces, veterans, and Mr. POLIS, Mr. RUPPERSBERGER, Mr. Committee on Transportation and Infra- their spouses or partners, and for other pur- SCHNEIDER, Ms. SINEMA, Mr. SOTO, structure, and in addition to the Committee poses; to the Committee on Veterans’ Af- and Mrs. TORRES): on Natural Resources, for a period to be sub- fairs, and in addition to the Committee on H.R. 1669. A bill to establish the American sequently determined by the Speaker, in Armed Services, for a period to be subse- Infrastructure Fund, to provide bond guaran- each case for consideration of such provi- quently determined by the Speaker, in each tees and make loans to States, local govern- sions as fall within the jurisdiction of the case for consideration of such provisions as ments, and infrastructure providers for in- committee concerned. fall within the jurisdiction of the committee vestments in certain infrastructure projects, By Ms. DELBENE (for herself, Ms. concerned. and to provide equity investments in such BONAMICI, Mr. CARTWRIGHT, Ms. LEE, By Mr. LATTA (for himself and Mr. projects, and for other purposes; to the Com- Ms. NORTON, Mr. SMITH of Wash- WELCH): mittee on Transportation and Infrastruc- ington, Mr. KILMER, Mr. HECK, and H.R. 1682. A bill to clarify that no express ture, and in addition to the Committee on Mr. GRIJALVA): or implied warranty is provided by reason of Ways and Means, for a period to be subse- H.R. 1675. A bill to establish a national pro- a disclosure relating to voluntary participa- quently determined by the Speaker, in each gram to identify and reduce losses from land- tion in the Energy Star program, and for case for consideration of such provisions as slide hazards, to establish a national 3D Ele- other purposes; to the Committee on Energy fall within the jurisdiction of the committee vation Program, and for other purposes; to and Commerce. concerned. the Committee on Natural Resources, and in By Mr. SEAN PATRICK MALONEY of addition to the Committee on Science, By Mr. DELANEY (for himself, Mr. New York (for himself, Mr. GALLA- Space, and Technology, for a period to be YOHO, Mr. AGUILAR, Mr. BERA, Mrs. GHER, Mr. WALZ, Mr. COOK, Ms. subsequently determined by the Speaker, in BUSTOS, Ms. GABBARD, Ms. HANABUSA, CLARKE of New York, Ms. PINGREE, each case for consideration of such provi- Ms. KELLY of Illinois, Ms. KUSTER of Ms. NORTON, Mr. CONNOLLY, Mr. sions as fall within the jurisdiction of the New Hampshire, Mr. LANGEVIN, Mr. CICILLINE, Mr. JONES, Ms. SCHA- committee concerned. SEAN PATRICK MALONEY of New York, KOWSKY, Mr. SERRANO, Ms. MATSUI, By Mr. ENGEL (for himself, Mr. REED, Ms. MCCOLLUM, Mr. MCKINLEY, Mr. Mr. SIRES, Mrs. LOWEY, Ms. JUDY CHU and Mr. CARTER of Georgia): MOULTON, Mr. NORCROSS, Mr. PERL- H.R. 1676. A bill to amend the Public of California, Mr. COLE, Mr. BISHOP of MUTTER, Mr. POLIS, Mr. QUIGLEY, Mr. Health Service Act to increase the number of Georgia, Mr. DEUTCH, Mr. SABLAN, RUPPERSBERGER, Ms. SINEMA, and Mr. permanent faculty in palliative care at ac- Mr. QUIGLEY, Ms. SLAUGHTER, Mr. SOTO): credited allopathic and osteopathic medical GARAMENDI, Ms. BROWNLEY of Cali- H.R. 1670. A bill to eliminate the incentive schools, nursing schools, social work schools, fornia, Mr. COLLINS of New York, Mr. for corporations to continue to hold accumu- and other programs, including physician as- RYAN of Ohio, Mr. HIMES, Mr. WEB- lated earnings offshore, to invest in domestic sistant education programs, to promote edu- STER of Florida, Ms. KELLY of Illi- infrastructure, to provide for international cation and research in palliative care and nois, Mr. LEVIN, Mr. RUIZ, Mr. tax reform, and for other purposes; to the hospice, and to support the development of CURBELO of Florida, Mr. POCAN, Ms. Committee on Ways and Means, and in addi- faculty careers in academic palliative medi- LOFGREN, Mr. CA´ RDENAS, Mr. TAKANO, tion to the Committees on Transportation cine; to the Committee on Energy and Com- Miss RICE of New York, Mr. LARSON and Infrastructure, and Rules, for a period to merce. of Connecticut, Mr. DONOVAN, Mr. be subsequently determined by the Speaker, By Mr. ENGEL (for himself, Mr. ROYCE COOPER, Mr. LOEBSACK, Mr. JEFFRIES, in each case for consideration of such provi- of California, Ms. ROS-LEHTINEN, Mr. Mr. FASO, Mr. CRAMER, Mr. VALADAO, sions as fall within the jurisdiction of the DEUTCH, Mr. KINZINGER, Mr. Mr. ROKITA, Ms. KUSTER of New committee concerned. CICILLINE, Mr. POE of Texas, Mr. KIL- Hampshire, Mr. THOMPSON of Cali- By Mr. BARLETTA (for himself and DEE, Mr. MESSER, Mr. SUOZZI, Mr. fornia, Mr. SUOZZI, Mr. KILDEE, Mr. Mr. MCCAUL): TED LIEU of California, Mrs. MCMOR- PALLONE, Ms. PLASKETT, Ms. H.R. 1671. A bill to amend the Internal Rev- RIS RODGERS, and Mr. BEYER): STEFANIK, Mr. NEAL, Ms. TENNEY, and enue Code of 1986 to require the provision of H.R. 1677. A bill to halt the wholesale Ms. SA´ NCHEZ): social security numbers as a condition of re- slaughter of the Syrian people, encourage a H.R. 1683. A bill to require the Secretary of ceiving the health insurance premium tax negotiated political settlement, and hold the Treasury to mint coins in commemora- credit; to the Committee on Ways and Syrian human rights abusers accountable for tion of the National Purple Heart Hall of Means. their crimes; to the Committee on Foreign Honor; to the Committee on Financial Serv- By Mr. CICILLINE (for himself, Mr. Affairs, and in addition to the Committees ices. REED, Mr. RYAN of Ohio, Mr. POCAN, on Financial Services, and the Judiciary, for By Mr. NADLER (for himself and Mr. Ms. MATSUI, Ms. DELAURO, Mr. DOG- a period to be subsequently determined by ENGEL): GETT, Ms. BROWNLEY of California, the Speaker, in each case for consideration H.R. 1684. A bill to direct the Adminis- Mr. SCHRADER, Mrs. BUSTOS, and Mr. of such provisions as fall within the jurisdic- trator of the Federal Emergency Manage- GARAMENDI): tion of the committee concerned. ment Agency to provide technical assistance H.R. 1672. A bill to improve the competi- By Ms. FRANKEL of Florida (for her- to common interest communities regarding tiveness of United States manufacturing by self and Mr. WEBSTER of Florida): eligibility for disaster assistance, and for designating and supporting manufacturing H.R. 1678. A bill to amend the Robert T. other purposes; to the Committee on Trans- communities; to the Committee on Financial Stafford Disaster Relief and Emergency As- portation and Infrastructure. Services. sistance Act concerning the statute of limi- By Mr. O’ROURKE (for himself and Mr. By Mr. CONYERS (for himself, Mr. tations for actions to recover disaster or BOST): GRIJALVA, Ms. JACKSON LEE, Mrs. emergency assistance payments, and for H.R. 1685. A bill to amend title 38, United LAWRENCE, Ms. MCCOLLUM, Mr. other purposes; to the Committee on Trans- States Code, to direct the Secretary of Vet- POCAN, Mr. EVANS, Mr. ELLISON, Ms. portation and Infrastructure. erans Affairs to furnish mental and behav- MOORE, Ms. NORTON, Ms. GABBARD, By Mr. GRAVES of Louisiana (for him- ioral health care to certain individuals dis- Mrs. BUSTOS, Ms. JAYAPAL, Mr. JOHN- self and Mr. SIRES): charged or released from the active military, SON of Georgia, Ms. SCHAKOWSKY, Mr. H.R. 1679. A bill to ensure that the Federal naval, or air service under conditions other MCGOVERN, Ms. MICHELLE LUJAN Emergency Management Agency’s current than honorable, and for other purposes; to GRISHAM of New Mexico, Mr. WELCH, efforts to modernize its grant management the Committee on Veterans’ Affairs. Mr. HUFFMAN, Mr. NADLER, Ms. system includes applicant accessibility and By Mr. PAULSEN (for himself and Mr. CLARKE of New York, Mr. RASKIN, transparency, and for other purposes; to the THOMPSON of California): and Mr. BEN RAY LUJA´ N of New Mex- Committee on Transportation and Infra- H.R. 1686. A bill to amend the Internal Rev- ico): structure. enue Code of 1986 to extend the limitation on H.R. 1673. A bill to establish a trust fund to By Mr. KNIGHT (for himself and Mr. the carryover of excess corporate charitable provide for adequate funding for water and LAWSON of Florida): contributions by regulated public utilities; sewer infrastructure, and for other purposes; H.R. 1680. A bill to amend the Small Busi- to the Committee on Ways and Means. to the Committee on Transportation and In- ness Act to improve the women’s business By Mr. POLIQUIN: frastructure, and in addition to the Commit- center program, and for other purposes; to H.R. 1687. A bill to amend the Internal Rev- tees on Energy and Commerce, Ways and the Committee on Small Business. enue Code of 1986 to lower the mileage

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\L22MR7.100 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 22, 2017 CONGRESSIONAL RECORD — HOUSE H2349

threshold for deduction in determining ad- fornia, Ms. JACKSON LEE, Mr. BILI- gress by that clause ‘‘to establish . . . uni- justed gross income of certain expenses of RAKIS, Mr. SARBANES, Mr. ROYCE of form Laws on the subject of Bankruptcies members of reserve components of the California, Mr. ENGEL, Ms. CLARK of throughout the United States;’’ Armed Forces, and for other purposes; to the Massachusetts, Mr. MCGOVERN, Mr. Article I, Section 8, clause 9 of the United Committee on Ways and Means. CARBAJAL, Ms. ESHOO, and Mr. States Constitution, in that the legislation By Ms. SA´ NCHEZ (for herself and Mr. COSTA): exercises legislative power granted to Con- ROE of Tennessee): H. Res. 220. A resolution expressing the gress by that clause ‘‘to constitute Tribunals H.R. 1688. A bill to avoid duplicative an- sense of the House of Representatives regard- inferior to the Supreme Court;’’ nual reporting under the Internal Revenue ing past genocides, and for other purposes; to Article I, Section 8, clause 18 of the United Code of 1986 and the Employee Retirement the Committee on Foreign Affairs. States Constitution, in that the legislation Income Security Act of 1974, and for other f exercises legislative power granted to Con- purposes; to the Committee on Ways and gress by that clause ‘‘to make all Laws Means, and in addition to the Committee on MEMORIALS which shall be necessary and proper for car- Education and the Workforce, for a period to Under clause 3 of rule XII, memorials rying into Execution the foregoing Powers, be subsequently determined by the Speaker, and all other Powers vested by this Constitu- in each case for consideration of such provi- were presented and referred as follows: tion in the Government of the United States, sions as fall within the jurisdiction of the 11. The SPEAKER presented a memorial of or in any Department of Officer thereof;’’ committee concerned. the Legislature of the State of Arizona, rel- and By Mr. SENSENBRENNER (for him- ative to House Concurrent Memorial 2005, Article III of the United States Constitu- self, Ms. MAXINE WATERS of Cali- urging the United States Environmental tion, in that the legislation defines or affects fornia, and Mr. FITZPATRICK): Protection Agency to extend the comment powers of the Judiciary that are subject to H.R. 1689. A bill to protect private property period for and revise Docket Number EPA- legislation by Congress. rights; to the Committee on the Judiciary. HQ-SFUND-2015-0781; which was referred to By Mr. JODY B. HICE of Georgia: By Ms. TENNEY (for herself, Mr. the Committee on Energy and Commerce. H.R. 1668. TAKANO, Mr. CORREA, Ms. GABBARD, 12. Also, a memorial of the Legislature of Congress has the power to enact this legis- Mr. FASO, Mr. JONES, Mr. BANKS of the State of South Dakota, relative to House lation pursuant to the following: Indiana, Mr. COFFMAN, Mr. COLLINS of Concurrent Resolution No. 1014, expressing Article IV, section 3, clause 2 and Article I, New York, and Ms. SINEMA): the strongest support for, and unity with, section 8, clause 18 H.R. 1690. A bill to amend title 38, United the State of Israel and recognizing Jeru- By Mr. DELANEY: States Code, to require the Secretary of Vet- salem, as Israel’s undivided capital; which H.R. 1669. erans Affairs to submit an annual report re- was referred to the Committee on Foreign Congress has the power to enact this legis- garding performance awards and bonuses Affairs. lation pursuant to the following: awarded to certain high-level employees of 13. Also, a memorial of the Legislature of Article I, Section 8. the Department of Veterans Affairs; to the the State of Arizona, relative to House Me- By Mr. DELANEY: Committee on Veterans’ Affairs. morial 2001, urging the United States Con- H.R. 1670. By Mr. THOMPSON of California (for gress to repeal the Affordable Care Act’s Congress has the power to enact this legis- himself, Mr. COOK, Mr. SCHIFF, and Health Insurance Tax; which was referred lation pursuant to the following: Mr. AGUILAR): jointly to the Committees on Ways and Article I, Section 8. H.R. 1691. A bill to amend the Internal Rev- Means and Energy and Commerce. By Mr. BARLETTA: enue Code of 1986 to exclude from gross in- H.R. 1671. f come amounts received from State-based Congress has the power to enact this legis- earthquake loss mitigation programs; to the CONSTITUTIONAL AUTHORITY lation pursuant to the following: Committee on Ways and Means. STATEMENT Article I, Section 8, Clause 1—The Con- By Mrs. TORRES (for herself, Mr. gress shall have power to lay and collect ENGEL, and Ms. CLARKE of New Pursuant to clause 7 of rule XII of taxes, duties, imposts and excises, to pay the York): the Rules of the House of Representa- debts and provide for the common defense H.R. 1692. A bill to address the problem of tives, the following statements are sub- and general welfare of the United States; but illegal firearm trafficking to Mexico; to the mitted regarding the specific powers all duties, imposts and excises shall be uni- Committee on the Judiciary. granted to Congress in the Constitu- form throughout the United States; By Mr. CICILLINE: By Mr. BROOKS of Alabama (for him- tion to enact the accompanying bill or self and Mr. LIPINSKI): H.R. 1672. H. Con. Res. 37. Concurrent resolution ex- joint resolution. Congress has the power to enact this legis- pressing the sense of Congress that Congress By Mr. DEFAZIO: lation pursuant to the following: and the President should prioritize the re- H.R. 1664. Article 1, Section 8 duction and elimination, over a reasonable Congress has the power to enact this legis- By Mr. CONYERS: period of time, of the overall trade deficit of lation pursuant to the following: H.R. 1673. the United States; to the Committee on Article I, Section 8, Clause 1, Clause 3, and Congress has the power to enact this legis- Ways and Means. Clause 18 of the Constitution. lation pursuant to the following: By Mr. CUMMINGS (for himself, Mr. By Mr. RODNEY DAVIS of Illinois: Clause 3 of section 8 of Article I. By Ms. DELAURO: EVANS, Ms. NORTON, Mrs. WATSON H.R. 1665. H.R. 1674. COLEMAN, Mr. BLUMENAUER, Ms. Congress has the power to enact this legis- Congress has the power to enact this legis- WASSERMAN SCHULTZ, Mrs. DINGELL, lation pursuant to the following: lation pursuant to the following: Mr. CLAY, Mr. RUPPERSBERGER, Mr. The constitutional authority on which this Article 1, Section 8, Clause 3 and Article 1, NADLER, Mr. HASTINGS, Mr. RYAN of bill rests is the power of Congress as stated Section 8, Clause 18 of the United States Ohio, Ms. SLAUGHTER, Mr. JOHNSON of in Article I, Section 8, Clause 7 of the United Constitution Georgia, Mrs. BEATTY, Mr. ELLISON, States Constitution. By Ms. DELBENE: By Mr. JONES: Mr. BISHOP of Georgia, Mr. COHEN, H.R. 1675. H.R. 1666. Ms. ADAMS, Mr. LEWIS of Georgia, Congress has the power to enact this legis- Congress has the power to enact this legis- Mr. SMITH of Washington, Ms. CASTOR lation pursuant to the following: of Florida, Mr. LYNCH, Mr. RICHMOND, lation pursuant to the following: Article I, Section 8, Clause 18. Mr. DANNY K. DAVIS of Illinois, Mr. This bill is enacted pursuant to Article I, By Mr. ENGEL: LARSEN of Washington, Ms. EDDIE Section 8 of the United States Constitution H.R. 1676. BERNICE JOHNSON of Texas, Mr. which grants Congress the authority to Congress has the power to enact this legis- DELANEY, Ms. KELLY of Illinois, Mr. make rules for the government and regula- lation pursuant to the following: BUTTERFIELD, Mr. CLEAVER, Mr. SAR- tion of the land and naval forces. Article 1, Section 1 of the Constitution. BANES, Ms. BROWNLEY of California, By Mr. MARINO: By Mr. ENGEL: Mr. MEEKS, Ms. JUDY CHU of Cali- H.R. 1667. H.R. 1677. fornia, Ms. PLASKETT, Ms. ROYBAL- Congress has the power to enact this legis- Congress has the power to enact this legis- ALLARD, Mr. DAVID SCOTT of Georgia, lation pursuant to the following: lation pursuant to the following: Ms. DEGETTE, Ms. MCCOLLUM, Mr. Article , Section 8, clause 3 of the United Article I, Section 8, Clause 18 of the Con- RUSH, and Mr. RASKIN): States Constitution, in that the legislation stitution. H. Con. Res. 38. Concurrent resolution rec- exercises legislative power granted to Con- By Ms. FRANKEL of Florida: ognizing the life and legacy of Henrietta gress by that clause ‘‘to regulate Commerce H.R. 1678. Lacks during Women’s History Month; to the with foreign Nations, and among the several Congress has the power to enact this legis- Committee on Energy and Commerce. States, and with the Indian tribes;’’ lation pursuant to the following: By Mr. TROTT (for himself, Mr. Article I, Section 8, clause 4 of the United Article 1 Section 8 SCHIFF, Mr. VALADAO, Ms. SPEIER, States Constitution, in that the legislation By Mr. GRAVES of Louisiana: Mr. PALLONE, Ms. JUDY CHU of Cali- exercises legislative power granted to Con- H.R. 1679.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\L22MR7.100 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2350 CONGRESSIONAL RECORD — HOUSE March 22, 2017

Congress has the power to enact this legis- U.S. Const. art. I, § 1 H.R. 1130: Mr. ABRAHAM. lation pursuant to the following: By Mrs. TORRES: H.R. 1136: Mr. LONG, Mr. HUDSON, and Mr. Article 1, Section 8 of the United States H.R. 1692. MOOLENAAR. Constitution Congress has the power to enact this legis- H.R. 1144: Mr. HUFFMAN. By Mr. KNIGHT: lation pursuant to the following: H.R. 1148: Mr. RUTHERFORD. H.R. 1680. Article 1: Section 8: Clause 18: To make all H.R. 1149: Mr. GRAVES of Georgia. Congress has the power to enact this legis- Laws which shall be necessary and proper for H.R. 1186: Mr. CARTWRIGHT. lation pursuant to the following: carrying into Execution the foregoing Pow- H.R. 1225: Mr. LONG. Article I, Section 8, Clause 3 ers, and all other Powers vested by this Con- H.R. 1243: Mr. AGUILAR and Mr. KIHUEN. The Congress shall have power . . . To reg- stitution in the Government of the United ulate Commerce with foreign Nations, and States, or in any Department or Officer H.R. 1272: Mrs. WATSON COLEMAN. among the several States, and with the In- thereof. H.R. 1316: Mr. WITTMAN. dian Tribes. H.R. 1339: Mr. LEWIS of Minnesota. f By Mr. LARSEN of Washington: H.R. 1361: Mr. MOORE. H.R. 1681. ADDITIONAL SPONSORS H.R. 1406: Mr. RASKIN, Mr. COHEN, Mr. Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors SOTO, Mr. CLEAVER, Mrs. DEMINGS, and Mr. lation pursuant to the following: QUIGLEY. were added to public bills and resolu- As described in Article 1, Section 1 ‘‘all H.R. 1409: Mr. BLUMENAUER, Mr. MCKINLEY, legislative powers herein granted shall be tions, as follows: and Mr. KENNEDY. vested in a Congress of the United States, H.R. 38: Mr. BLUM. H.R. 1426: Mr. CRAMER. which shall consist of a Senate and House of H.R. 44: Mr. TAYLOR. H.R. 1436: Mr. FARENTHOLD. Representatives.’’ H.R. 159: Mr. CICILLINE and Mr. RASKIN. H.R. 1444: Mr. CHABOT and Mr. RENACCI. By Mr. LATTA: H.R. 160: Mr. DESAULNIER and Ms. NORTON. H.R. 1450: Mr. WITTMAN. H.R. 1682. H.R. 179: Mr. BISHOP of Georgia, Mr. BRADY H.R. 1456: Mr. KUSTER of New Hampshire, Congress has the power to enact this legis- of Pennsylvania, and Mr. STIVERS. lation pursuant to the following: H.R. 308: Mr. ARRINGTON. Mr. GENE GREEN of Texas, and Mr. DEFAZIO. Article I, Section 8, Clause 3 H.R. 314: Mr. WITTMAN. H.R. 1473: Mr. RUSH, Mr. DEFAZIO, and Mr. To regulate Commerce with foreign Na- H.R. 350: Mr. RATCLIFFE. ELLISON. tions, and among the several States, and H.R. 371: Mr. CARTWRIGHT, Ms. NORTON, and H.R. 1483: Mrs. MCMORRIS RODGERS. with the Indian Tribes; Mr. PANETTA. H.R. 1488: Mr. QUIGLEY. By Mr. SEAN PATRICK MALONEY of H.R. 392: Mr. CALVERT, Mr. COLE, Ms. EDDIE H.R. 1515: Mr. KATKO. New York: BERNICE JOHNSON of Texas, Mr. NOLAN, Mr. H.R. 1525: Mr. YOHO. H.R. 1683. POLIS, and Mr. LARSON of Connecticut. H.R. 1542: Mr. KHANNA, Mr. SARBANES, Mr. Congress has the power to enact this legis- H.R. 463: Mr. JOYCE of Ohio and Mr. ROS- WITTMAN, Mr. RYAN of Ohio, Mr. SOTO, Mr. lation pursuant to the following: KAM. BLUM, and Mr. BISHOP of Georgia. Article I, Sec. 8 H.R. 530: Mr. GRIJALVA. H.R. 1552: Mr. JODY B. HICE of Georgia. ETERS E AZIO By Mr. NADLER: H.R. 544: Mr. P and Mr. D F . H.R. 1555: Ms. MOORE, Mr. MOONEY of West H.R. 1684. H.R. 548: Mr. POLIQUIN. Virginia, and Mr. BRADY of Pennsylvania. Congress has the power to enact this legis- H.R. 553: Mr. GRIFFITH and Mr. RENACCI. H.R. 1580: Mr. COLLINS of New York. lation pursuant to the following: H.R. 620: Mr. CORREA and Mr. COLLINS of Article 1, Section 8 of the U.S. Constitu- Georgia. H.R. 1588: Mr. KHANNA. tion. H.R. 632: Mr. MOULTON. H.R. 1613: Mr. STIVERS. By Mr. O’ROURKE: H.R. 644: Mr. YOUNG of Iowa. H.R. 1656: Mr. PETERS. H.R. 1685. H.R. 676: Mrs. CAROLYN B. MALONEY of New H.J. Res. 6: Mr. LUCAS and Mr. FERGUSON. Congress has the power to enact this legis- York, Mr. ESPAILLAT, and Ms. BARRAGA´ N. H.J. Res. 53: Mr. CARBAJAL. lation pursuant to the following: H.R. 721: Mr. POLIS and Mr. BABIN. H.J. Res. 56: Mr. MOONEY of West Virginia. Clause 18 section 8 of article 1 of the Con- H.R. 747: Mr. KILDEE, Mr. CONYERS, and Mr. H.J. Res. 59: Mr. GRAVES of Louisiana, Mr. stitution. HUNTER. FARENTHOLD, and Mr. GRAVES of Georgia. By Mr. PAULSEN: H.R. 756: Mr. FORTENBERRY, Mr. YOUNG of H. Con. Res. 13: Mr. VELA, Mr. HASTINGS, H.R. 1686. Iowa, Mr. RUPPERSBERGER, and Mr. DAVID Mr. CUELLAR, Mr. GRAVES of Georgia, Mr. Congress has the power to enact this legis- SCOTT of Georgia. SIRES, Mr. ZELDIN, Mr. VISCLOSKY, and Mr. lation pursuant to the following: H.R. 772: Mr. RUTHERFORD. BRAT. Article I, Section 8, Clause 1 of the United H.R. 799: Mr. WENSTRUP and Mr. WILSON of H. Con. Res. 20: Miss RICE of New York. States Constitution. South Carolina. H. Res. 30: Mr. MOULTON, Mr. CARSON of In- ARSON By Mr. POLIQUIN: H.R. 804: Mr. L of Connecticut and diana, Mr. EVANS, Mr. GOTTHEIMER, Mr. H.R. 1687. AVIS Mrs. D of California. CRIST, Mr. COLLINS of New York, Mrs. Congress has the power to enact this legis- H.R. 810: Mr. GUTIE´ RREZ, Ms. WASSERMAN DEMINGS, Mr. BARR, Ms. MICHELLE LUJAN lation pursuant to the following: SCHULTZ, Mrs. TORRES, and Mr. QUIGLEY. GRISHAM of New Mexico, and Ms. JACKSON Article I, Section 8 grants Congress the H.R. 830: Mr. DIAZ-BALART. LEE. power ‘‘to lay and collect Taxes, Duties, Im- H.R. 849: Mr. WALBERG, Mr. SAM JOHNSON H. Res. 46: Mr. PETERS. posts and Excises, to pay the Debts and proof Texas, Mr. COURTNEY, Mr. JODY B. HICE of H. Res. 54: Mr. CA´ RDENAS. vide for the common defence and general Georgia, Mr. O’HALLERAN, Mr. PETERS, and H. Res. 78: Ms. ADAMS. Welfare of the United States; but all Duties, Ms. BROWNLEY of California. Imposts and Excises shall be uniform H.R. 855: Mr. GRIJALVA and Mr. KILMER. H. Res. 128: Mr. SESSIONS, Mr. PAULSEN, throughout the United State.’ ’’ H.R. 873: Mr. WALZ. Mr. GRIJALVA, Mr. TIPTON, and Mr. HUDSON. By Ms. SA´ NCHEZ: H.R. 881: Mr. OLSON. H. Res. 184: Ms. PINGREE, Ms. WASSERMAN H.R. 1688. H.R. 891: Mr. JORDAN and Mr. CRAWFORD. SCHULTZ, Mr. KENNEDY, Ms. SPEIER, Mr. PAS- Congress has the power to enact this legis- H.R. 909: Mr. BROWN of Maryland. CRELL, Ms. CLARKE of New York, Ms. lation pursuant to the following: H.R. 914: Mr. LYNCH. FRANKEL of Florida, and Mr. PANETTA. Article 1, Section 7 H.R. 918: Mr. BUCHANAN. By Mr. SENSENBRENNER: H.R. 919: Mr. LAWSON of Florida and Mrs. f H.R. 1689. CAROLYN B. MALONEY of New York. Congress has the power to enact this legis- H.R. 966: Mr. CARTWRIGHT. lation pursuant to the following: H.R. 973: Mr. AMODEI. PETITIONS, ETC. Article I, Section 8, Clause 1 H.R. 986: Mr. EMMER. Under clause 3 of rule XII, By Ms. TENNEY: H.R. 1001: Mr. PETERS, Mr. KIND, and Mr. H.R. 1690. COURTNEY. 30. The SPEAKER presented a petition of Congress has the power to enact this legis- H.R. 1005: Mr. KATKO and Ms. SHEA-POR- the House Standing Committee on Banking lation pursuant to the following: TER. and Insurance of the House of Representa- Article I, Section 8 of the United States H.R. 1017: Ms. LOFGREN. tives of the Commonwealth of Kentucky, rel- Constitution. H.R. 1046: Mr. KIND. ative to a Resolution, urging Congress to re- By Mr. THOMPSON of California: H.R. 1071: Mr. KUSTER of New Hampshire. peal the Dodd-Frank Wall Street Reform and H.R. 1691. H.R. 1116: Mr. JENKINS of West Virginia, Consumer Protection Act; which was re- Congress has the power to enact this legis- Mr. PETERSON, Mr. MARSHALL, Mr. MCKIN- ferred to the Committee on Financial Serv- lation pursuant to the following: LEY, Mr. CRAMER, and Mr. RENACCI. ices.

VerDate Sep 11 2014 05:46 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MR7.048 H22MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, WEDNESDAY, MARCH 22, 2017 No. 50 Senate The Senate met at 10:30 a.m. and was appoint the Honorable TOM COTTON, a Sen- ‘‘This is prohibitive for us. We are called to order by the Honorable TOM ator from the State of Arkansas, to perform getting desperate and discouraged.’’ COTTON, a Senator from the State of the duties of the Chair. Unfortunately, stories like hers are Arkansas. ORRIN G. HATCH, hardly unique—not in Kentucky and President pro tempore. f not across America—because too many Mr. COTTON thereupon assumed the are suffering under ObamaCare. PRAYER Chair as Acting President pro tempore. ObamaCare is a direct assault on the The Chaplain, Dr. Barry C. Black, of- f middle class, and it will continue to fered the following prayer: RECOGNITION OF THE MAJORITY get worse unless we act. Let us pray. LEADER Both in Congress and in the adminis- Almighty and Eternal God, thank tration, we are working to fulfill our You for listening to our prayers. You The ACTING PRESIDENT pro tem- commitment to the American people. are the high and lofty One, but You pore. The majority leader is recog- We remain committed to the repeal choose to dwell with those who have nized. and replacement of ObamaCare with contrite hearts. Dwell with our law- f healthcare policies that actually work. makers. May they meditate upon Your REPEALING AND REPLACING When the House finishes its work on precepts and be guided by the light of OBAMACARE ObamaCare repeal legislation, I look Your Word. Lord, give them the wisdom to seek Mr. MCCONNELL. Mr. President, we forward to taking it up here in the Sen- Your help in the day of trouble and be- have all seen the headlines. We have all ate. The administration will continue yond. May the memories of what You heard the heartbreaking stories. We working to deliver relief and stabilize have already done provide them with have all watched as health insurance health markets, as well. Americans are the confidence that the best is yet to markets have edged closer to collapse, ready for a better way forward after come. Do for them immeasurably, and we have noticed a common theme. the failure of ObamaCare, and I would abundantly, above all that they can ObamaCare is failing in Kentucky and urge all of my colleagues to work to- ask or imagine, according to Your around the country. gether so we can deliver it. power, working in and through them. In my home State, insurance pre- f miums increased by up to 47 percent. We pray in Your mighty Name. NOMINATION OF NEIL GORSUCH Amen. As insurers flee the market, nearly half Mr. MCCONNELL. Mr. President, on f of the counties in my State have only one option for an insurer on the ex- another matter, as day 2 of the Neil PLEDGE OF ALLEGIANCE change. Gorsuch Supreme Court confirmation The Presiding Officer led the Pledge Many families’ deductibles and out- hearings continued, Senators and the of Allegiance, as follows: of-pocket expenses have skyrocketed American people were able to learn I pledge allegiance to the Flag of the to a point that their plans are too ex- more about his experience as a jurist United States of America, and to the Repub- pensive to actually use. In other words, and his aptitude to serve on the High lic for which it stands, one nation under God, they have health insurance but not Court. We heard directly from Judge indivisible, with liberty and justice for all. necessarily healthcare. The legacy of Gorsuch about his views on the role of f ObamaCare is one of increased costs, a judge—to be fair and impartial, inde- APPOINTMENT OF ACTING diminishing choices, and broken prom- pendent, and not beholden to one party PRESIDENT PRO TEMPORE ises. over another. We heard directly from In four elections in a row, Kentuck- Judge Gorsuch about his views on the The PRESIDING OFFICER. The ians have overwhelmingly rejected this role of the Court to uphold the Con- clerk will please read a communication failed law. The pain caused by stitution and interpret the laws as to the Senate from the President pro ObamaCare is real for millions of written, not legislating from the tempore (Mr. HATCH). Americans. Listen to this small busi- bench. The senior assistant legislative clerk ness owner from Versailles. She wrote We saw him display a masterful read the following letter: to my office asking for relief. Here is knowledge of the law, along with inde- U.S. SENATE, what she said: ‘‘The first year of pendence, thoughtfulness, and just the PRESIDENT PRO TEMPORE, ObamaCare, our monthly premiums kind of judicial temperament we ex- Washington, DC, March 22, 2017. To the Senate: tripled,’’ she wrote, and now, ‘‘our cur- pect in a Supreme Court Justice. News Under the provisions of rule I, paragraph 3, rent plan will be discontinued . . . at outlets across the country took notice. of the Standing Rules of the Senate, I hereby the end of the year.’’ This is from a CNN report:

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

S1899

VerDate Sep 11 2014 23:36 Mar 22, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MR6.000 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1900 CONGRESSIONAL RECORD — SENATE March 22, 2017 Supreme Court nominee Neil Gorsuch ‘‘nothing to improve worker health and The majority leader. came to the Senate Judiciary Committee safety,’’ it ‘‘directly contradicts both f Tuesday prepared to deliver a clear message: clear statutory language and two U.S. DISAPPROVING A RULE SUB- I’m a judge, not a politician. . . . Sitting at Court of Appeals rulings,’’ and it also a small table, he turned to listen to each MITTED BY THE DEPARTMENT represents ‘‘one of the most egregious Senator as they spoke, hour after hour, care- OF LABOR—MOTION TO PROCEED fully writing notes before launching into his end runs around Congress’ power to replies. write the laws.’’ Mr. MCCONNELL. Mr. President, I As CNN noted, the questions ‘‘never I heard from Kentuckians who are move to proceed to H.J. Res. 83. The ACTING PRESIDENT pro tem- rattled him’’ and ‘‘he showed command simply concerned by this overreaching pore. The clerk will report the motion. of the law.’’ regulation and called for Congress to The senior assistant legislative clerk NPR took note of Judge Gorsuch’s end it. In one recent letter to my of- read as follows: temperament saying: ‘‘He kept an even fice, the Kentucky Roofing Contractors keel throughout the day, rarely betray- Association called for the repeal of the Motion to proceed to H.J. Res. 83, a joint resolution disapproving the rule submitted ing more than a hint of impatience or Volks rule because it ‘‘does nothing to improve workplace safety and could be by the Department of Labor relating to pique.’’ ‘‘Clarification of Employer’s Continuing Ob- Here is one take from the Wash- used to impose costs on employers for ligation to Make and Maintain an Accurate ington Post. It said: inadvertent paperwork violations.’’ Record of Each Recordable Injury and Ill- Gorsuch is not easily flustered. In fact, as they point out, it could ness.’’ Gorsuch presented himself as the picture of even ‘‘divert resources away from ef- The ACTING PRESIDENT pro tem- a cool, calm, self-assured justice. forts to improve work place safety and pore. The question is on agreeing to His face often broke into a relaxed smile. create jobs.’’ He appeared to be listening to every word the motion to proceed. every Senator said, and he rarely stumbled. In another letter I recently received, The motion was agreed to. a Lexington construction contractor And here is another take from the f said he needs his safety supervisors Post: ‘‘constantly walking jobsites, identi- DISAPPROVING A RULE SUB- After more than 10 years on the U.S. Court fying hazards and making sure our co- MITTED BY THE DEPARTMENT of Appeals for the 10th Circuit, [Judge Neil] OF LABOR Gorsuch was prepared for how to respond to workers go home safely every night,’’ questions about judicial independence and but this regulation ‘‘forces me to The ACTING PRESIDENT pro tem- how a judge should consider a decision out- choose allocating sources to preventing pore. The clerk will report the joint side his personal political ideology. future accidents or auditing old paper- resolution. These are observations made from work. The senior assistant legislative clerk outside viewers. Their insights reflect That is our decision today: focusing read as follows: what we have been saying for weeks— on actual safety of employees or on A joint resolution (H.J. Res. 83) dis- that Judge Gorsuch is exceptionally more bureaucratic paper pushing. approving the rule submitted by the Depart- qualified to serve on the Supreme Senator CASSIDY of Louisiana under- ment of Labor relating to ‘‘Clarification of Court. stands the challenges this regulation Employer’s Continuing Obligation to Make I hope our Democratic friends take presents, and he has been a leader in and Maintain an Accurate Record of Each Recordable Injury and Illness.’’ notice and give him the fair consider- working to protect American busi- ation he deserves, not invent more ex- nesses from these consequences. I ap- The ACTING PRESIDENT pro tem- cuses not to. Because Judge Gorsuch preciate his efforts and look forward to pore. The Senator from Louisiana. has performed exceedingly well, some the Senate passing it soon. Mr. CASSIDY. Mr. President, I rise with my colleagues to support H.J. Democrats are desperately trying to f come up with a reason to delay the Res. 83 and companion S.J. Res. 27, a process, just as they have done all year MEASURE PLACED ON THE resolution I introduced with 25 of my on other nominations. CALENDAR—H.R. 1181 colleagues, under the Congressional Review Act, or CRA, to stop the Obama The Judiciary Committee is con- Mr. MCCONNELL. Mr. President, I tinuing its work today. As it does so, I administration Department of Labor’s understand there is a bill at the desk regulation, known as the Volks rule, am confident we will continue to see that is due a second reading. support grow for Judge Gorsuch. from expanding the statute of limita- The ACTING PRESIDENT pro tem- tions for record-keeping violations. f pore. The clerk will read the bill by This regulatory scheme represents a CONGRESSIONAL REVIEW ACT title for the second time. backwards approach to workplace safe- RESOLUTION The senior assistant legislative clerk ty, and it is a blatant overreach by the read as follows: Mr. MCCONNELL. Now, Mr. Presi- Federal Government. dent, on one final matter, last night A bill (H.R. 1181) to amend title 38, United Under the Occupational Safety and States Code, to clarify the conditions under Health Act, employers are required to the Senate voted to overturn a harmful which certain persons may be treated as ad- regulation that undermines Alaska’s judicated mentally incompetent for certain record injuries and illnesses that occur authority to manage its wildlife re- purposes. in the work place and maintain those records for 5 years. The law provides sources and shifts more power toward Mr. MCCONNELL. In order to place for a 6-month period for which OSHA Washington. the bill on the calendar under the pro- can issue citations to employers who Today, we will have yet another op- visions of rule XIV, I object to further fail to maintain the records properly. portunity to bring Americans relief proceedings. However, it was the practice of OSHA, from heavyhanded regulations using a The ACTING PRESIDENT pro tem- based on their interpretation of the legislative tool provided by the Con- pore. Objection having been heard, the law, that they were able to issue cita- gressional Review Act. bill will be placed on the calendar. That proposal would undo the so- tions regarding keeping those records called Volks rule, which is named for f properly for the entire 5-year period the 2012 Federal court case overturning RESERVATION OF LEADER TIME employers must keep those records. an ill-advised Obama administration Under this practice, OSHA took ac- regulatory action on the same subject. The ACTING PRESIDENT pro tem- tion against Volks Constructors, a firm It is a regulation that purports to look pore. Under the previous order, the in Prairieville, LA, in 2006 for record- out for the workers’ best interests, but leadership time is reserved. keeping violations that occurred near- it actually does little to achieve that f ly 5 years earlier—again, record- outcome. The Volks rule merely em- keeping violations. This was well be- powers Washington bureaucrats and in- CONCLUSION OF MORNING yond the 6-month statute of limita- creases paperwork burdens instead. BUSINESS tions. Volks Constructors, located in As the Coalition for Workplace Safe- The ACTING PRESIDENT pro tem- Prairieville, is a heavy industrial con- ty pointed out, this regulation does pore. Morning business is closed. tractor that provides manufacturing

VerDate Sep 11 2014 23:36 Mar 22, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.002 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1901 services and industrial specialties to COALITION FOR WORKPLACE SAFETY, Thank you for your consideration of this the petrochemical and related indus- March 10, 2017. request and for your continued efforts to tries. It has been in business for more Hon. MITCH MCCONNELL, rein in agency overreach and reduce the reg- than 40 years. Volks challenged OSHA Majority Leader, U.S. Senate, ulatory burden on America’s job creators. Washington, DC. Sincerely, in the DC Circuit Court of Appeals for Hon. JOHN CORNYN, Air Conditioning Contractors of America, those citations and won. The Circuit Majority Whip, U.S. Senate, American Bakers Association, American Court of Appeals issued a unanimous, Washington, DC. Coke and Coal Chemicals Institute, Amer- three-judge opinion rebuking OSHA’s Hon. LAMAR ALEXANDER, ican Composites Manufacturers Association, attempt to file citations past the stat- Chairman, Senate Committee on Health, Edu- American Farm Bureau Federation, Amer- ute of limitations. One of the three cation, Labor and Pensions, Washington, ican Feed Industry Association, American judges was President Obama’s Supreme DC. Foundry Society, American Fuel and Petro- chemical Manufacturers, American Health Court nominee, Judge Merrick Gar- Hon. JOHNNY ISAKSON, Chairman, Senate Subcommittee on Employment Care Association, American Iron and Steel land. and Workplace Safety, Committee on Institute, American Road and Transpor- The Volks ruling has since been Health, Education, Labor and Pensions, tation Builders Association, American Soci- upheld by the Fifth Circuit Court of Washington, DC. ety of Concrete Contractors, American Sub- Appeals. Let me read a few of the com- DEAR MAJORITY LEADER MCCONNELL, MA- contractors Association, Inc., American Sup- ments from the court’s opinion: ‘‘We do JORITY WHIP CORNYN, CHAIRMEN ALEXANDER ply Association, American Trucking Asso- not believe Congress expressly estab- AND ISAKSON: The undersigned groups strong- ciations, Asphalt Roofing Manufacturers As- lished a statute of limitations only to ly urge you to pass H.J. Res. 83/S.J. Res. 27, sociation, Associated Builders and Contrac- a Congressional Review Act (CRA) joint reso- tors, Associated General Contractors, Asso- implicitly encourage the Secretary to lution of disapproval to invalidate the ciated Wire Rope Fabricators, Copper & ignore it.’’ Obama Administration’s OSHA regulation Brass Fabricators Council, Inc., Corn Refin- Another comment: ‘‘The Act clearly overturning the decision in Volks regarding ers Association, Distribution Contractors renders the citations untimely, and the the statute of limitations for recordkeeping Association. Secretary’s argument to the contrary violations. Flexible Packaging Association, Global relies on an interpretation that is nei- At its core, the Volks Rule is an extreme Cold Chain Alliance, Independent Electrical ther natural nor consistent with our abuse of authority by a federal agency that Contractors, Industrial Minerals Associa- will subject millions of American businesses precedents.’’ tion—North America, Institute of Makers of to citations for paperwork violations, while Explosives, International Dairy Foods Asso- From Judge Garland’s concurring doing nothing to improve worker health and ciation, International Foodservice Distribu- opinion: ‘‘[B]ecause none of the chal- safety. Finalized on December 19, 2016, the tors Association, International Franchise lenged citations were issued within 6 rule attempts to extend to five years the ex- Association, International Warehouse Logis- months, ‘flowing the occurrence of any plicit six month statute of limitations on tics Association, IPC-Association Con- violation,’ I agree with my colleagues recordkeeping violations in the Occupational necting Electronics Industries, Leading that the petition for review should be Safety and Health (OSH) Act of 1970. This Builders of America, Mason Contractors As- granted and the citation vacated.’’ regulation simultaneously represents one of sociation of America, Mechanical Contrac- the most egregious end runs around Con- tors Association of America, Mike Ray, After the court was clear in its rul- gress’ power to write the laws and a clear ing, OSHA, in order to negate such rul- Motor & Equipment Manufacturers Associa- challenge to the judicial branch’s authority tion, National Association for Surface Fin- ing and continue issuing citations be- to prevent an agency from exceeding its au- ishing, National Association of Home Build- yond the 6-month statute of limita- thority to interpret the law. ers, National Association of Manufacturers, tions, promulgated this regulation, the In 2012, citing the unambiguous language National Association of Professional Em- Volks rule. in the OSH Act, the U.S. Court of Appeals for ployer Organizations, National Association This joint resolution must invalidate the District of Columbia held that OSHA of the Remodeling Industry, National Asso- could not sustain citations against an em- the Volks rule. The Volks rule is a ciation of Wholesaler-Distributors, National ployer for alleged recordkeeping violations Automobile Dealers Association, National clear violation of the court’s ruling and that occurred more than six months before is in direct contradiction of the 6- Center for Assisted Living, National Chicken the issuance of the citation because, as the Council, National Cotton Ginners’ Associa- month statute of limitations. Only employer asserted, they were outside the six tion, National Council of Self-Insurers, Na- Congress can amend a Federal statute. month statute of limitations set forth in the tional Demolition Association, National Article I of the U.S. Constitution is OSH Act. The court was unequivocal in its Electrical Contractors Association, National clear. Members of the legislative rebuke of OSHA. Judge Janice Rogers Brown Federation of Independent Business, Na- branch write the law, not the Federal expressed particular concern on the issue of tional Grain and Feed Association, National the agency’s overstepping its authority: ‘‘we Lumber and Building Material Dealers Asso- departments and agencies. were rightly troubled by the notion of being Overturning the Volks rule will not— ciation, National Oilseed Processors Associa- asked by an agency to expand that agency’s tion, National Restaurant Association, Na- will not—decrease workplace safety. enforcement authority when Congress had The rule only changes the window dur- tional Retail Federation, National Roofing evidently not seen fit to do so.’’ Judge Contractors Association. ing which OSHA can issue citations for Merrick Garland, in his concurrence, plainly National School Transportation Associa- recordkeeping violations. This rule is rejected OSHA’s rationale for issuing the tion, National Tooling and Machining Asso- about paperwork violations and not fines, ‘‘the Secretary’s contention—that the ciation, National Turkey Federation, Na- workers’ health or safety. regulations that Volks was cited for vio- tional Utility Contractors Association, Non- The Volks rule also creates regulating support a ’continuing violation’ the- Ferrous Founders’ Society, North American ory—is not reasonable.’’ The Volks decision Die Casting Association, North American latory confusion for small businesses. has since been endorsed by the Fifth Circuit By finalizing this unlawful regulation, Meat Institute Plastics, Industry Associa- in the Delek decision, issued in December tion (PLASTICS), Power and Communica- the Obama administration created un- 2016, where the court found ‘‘its reasoning tion Contractors Association, Precision Ma- certainty for employers facing a con- persuasive.’’ chined Products Association, Precision fusing maze of recordkeeping standards In response to the Court of Appeals ruling, Metalforming Association, Printing Indus- and unwarranted litigation. OSHA promulgated this regulation specifi- tries of America, Retail Industry Leaders As- The U.S. Chamber of Commerce, the cally to negate the Volks case ruling and ex- sociation, Sheet Metal and Air Conditioning Association of General Contractors, tend liability for paperwork violations be- Contractors National Association, Ship- yond the six month window permitted under the National Home Builders Associa- builders Council of America, Southeastern the Act. OSHA issued the final rule in the Cotton Ginners Association, Inc., Texas Cot- tion, the National Restaurant Associa- waning days of President Obama’s Adminis- tion, the National Retail Association, ton Ginners’ Association, The Association of tration with an effective date of January 19, Union Constructors (TAUC), Thomas W. along with more than 70 State and na- 2017. The Senate has until April 7 to pass Lawrence, Jr.—Safety and Compliance Man- tional organizations, all support this H.J. Res. 83/S.J. Res. 27. agement, Tile Roofing Institute, Tree Care We urge you to help put a stop to OSHA’s joint resolution. Industry Association, TRSA—The Linen, abuse of its authority and support swift pas- I ask unanimous consent to have Uniform and Facility Services Association, sage of a joint resolution of disapproval for U.S. Chamber of Commerce, U.S. Poultry & printed in the RECORD the Coalition for this burdensome, unlawful rule. Because the Egg Association. Workplace Safety’s letter. final rule directly contradicts both clear There being no objection, the mate- statutory language and two U.S. Courts of Mr. CASSIDY. Mr. President, I urge rial was ordered to be printed in the Appeals rulings, it must not be allowed to my colleagues to support this joint res- RECORD, as follows: stand. olution and allow Congress to review

VerDate Sep 11 2014 23:36 Mar 22, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.003 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1902 CONGRESSIONAL RECORD — SENATE March 22, 2017 the law and make changes, if needed. It Senator, my personal views have no Society, by the Heritage foundation, is the right thing to do. place here.’’ Let me repeat. There is no not by average American jurists. I ask unanimous consent that legal precedent, rule, or logic for fail- TRUMPCARE quorum calls during the consideration ing to answer questions that don’t in- Mr. President, on another matter, of H.J. Res. 83 be equally divided in the volve immediate and specific cases be- TrumpCare, as we speak, the House Re- usual form. fore the Court. Is Judge Gorsuch hiding publican leadership is desperately try- The ACTING PRESIDENT pro tem- behind this rhetoric because he does ing to whip enough votes to pass their pore. Without objection, it is so or- not want people to know his views? bill tomorrow, making sweetheart dered. After 4 days of this Kabuki theatre, deals to sway recalcitrant Members. Mr. CASSIDY. Mr. President, I yield the press will write that Judge Gorsuch It is funny that all the changes House the floor. was smooth and well-spoken, but I Republicans have made this past week Mr. SCHUMER. Mr. President, I sug- doubt that even at the end of the hear- don’t even attempt to address the real gest the absence of a quorum. ing process we will have any greater problems with the bill: that 24 million The ACTING PRESIDENT pro tem- views of his jurisprudence. Will we fewer Americans will have coverage pore. The clerk will call the roll. know any better than we do today and that premiums will go up. In fact, The senior assistant legislative clerk what kind of Justice he will be on our the changes they are making to proceeded to call the roll. Nation’s highest Court? TrumpCare are even more cruel than Mr. SCHUMER. Mr. President, I ask You know, we have seen this before. their existing bill in an attempt to win unanimous consent that the order for It was not all that long ago that an- conservative votes. Still, many of them the quorum call be rescinded. other charming, polished, erudite judge don’t think it is cruel enough yet. In The PRESIDING OFFICER (Mr. CAS- named John Roberts came before the their rush, they included language in SIDY). Without objection, it is so or- committee, impressing lawmakers their managers’ amendment that would dered. while playing the role of a model ju- exclude 7 million or so veterans from RECOGNITION OF THE MINORITY LEADER rist. He displayed a similar reluctance the eligibility for tax credits in the The PRESIDING OFFICER. The to answer specific questions, but he as- bill—7 million veterans. That is what Democratic leader is recognized. sured us all that he was a judge who happens when you try to rush a com- NOMINATION OF NEIL GORSUCH was free from the biases of politics and plicated bill like this through. Mr. SCHUMER. Mr. President, yes- ideology, that, in his words, he simply When Democrats were in the major- terday Judge Neil Gorsuch went ‘‘called balls and strikes.’’ We were ity and working through healthcare, through over 11 hours of questioning in duped. Judge Roberts showed his true we debated the bill over the course of a the Judiciary Committee. As expected, activist colors as soon as he got to the whole year. We had one of the longest he used the opportunity to speak at bench and dragged the Court sharply to committee hearings and amendment length about his knowledge of case law, the right, ruling consistently in favor processes in recent memory. Still, even hiding behind precedents rather than of wealthy special interests and power- then, Republicans criticized us for try- giving an impression of his actual ful corporations. The whole episode ing to jam it through. ‘‘Read the bill,’’ views. As expected, his supporters are with Judge Gorsuch feels like a Rob- they would chant. saying that Judge Gorsuch was erudite, erts’ rerun. If his voting record is any Now Republicans are trying to do in polished, homespun. But none of this indication, according to the New York 2 weeks what we spent 1 year on be- matters compared to the real purpose Times survey, he will be even more cause the time was required. My friend of hearings: to find out a nominee’s conservative than Justice Roberts. the distinguished majority leader says views and what kind of judge he will This is not how the hearing process is he hopes to have TrumpCare brought be, not how his repartee from the supposed to work. Although it has be- up and passed through the Senate by bench will sound. come practice for Supreme Court Jus- the end of next week—no committee For 11 hours, Judge Gorsuch looked tices to elude specific questions, it is process, potentially no CBO score. like he was playing dodgeball with the not in the best interests of our country I guess Senate Republicans are nego- Senate Judiciary Committee, bending to elevate a cipher to the Supreme tiating a substitute bill behind closed over backward to avoid revealing any- Court. We don’t want the qualifications doors right now to meet that acceler- thing that might constitute a judicial for Senate confirmation to be an abil- ated, speedy, and reckless timeline. philosophy or give hints about his ap- ity of skillful evasion. The hearing When you are talking about a drastic proach to the legal issues of our day. process cannot accomplish what it is reformation of our healthcare system, Those, to me, are far more important designed to if the nominee refuses to one-sixth of our economy, that is than any superficial impressions he engage on matters of legal substance. breathtakingly irresponsible and rank- may have left. He dodged questions on If anyone doubts that Judge Gorsuch ly hypocritical. When will Democrats previous cases like Citizens United, does not have strong views, that he is get to view the substitute bill? Will Rowe v. Wade, and Brown v. Board. He not simply a caller of balls and strikes, there be a CBO score before both Re- dodged general questions on dark a tabula rasa, just look at the way he publicans and Democrats have to vote money in politics, LGBTQ rights, and was chosen. He was supported and on it in the Senate? We don’t know. the constitutionality of a Muslim ban. pushed by the Heritage Foundation and But rushing it through in this fashion, He did manage to wax poetic on the the Federalist Society. Do they just as the majority leader promised, is un- significance of a judge’s robe and the call balls and strikes, or do those two wise and unfair to Democratic Sen- humility it brings. He said it reminds groups have an avowed interest in mov- ators and, far more importantly, to the us that ‘‘ours is a judiciary of honest ing the judiciary far to the right? He American people. It is also a direct black polyester.’’ Well, if he were truly was supported by billionaires like Mr. contradiction to how then-Minority humbled, he would realize the august- Anschutz who have a similar desire. Leader MCCONNELL spoke about health ness of this position and answer ques- Does anyone think the Federalist Soci- reform in 2009. Here is what he said: tions directly. Judge Gorsuch’s testi- ety would choose someone who just ‘‘We shouldn’t try to do it in the dark, mony yesterday was replete with hum- called balls and strikes when they have and whatever final bill is produced ble kinds of metaphors and homespun been dedicated for a generation to should be available to the American stories but pitifully short on sub- moving the courts to the right? They public and to members of the Senate stance, which is what really matters. have not endorsed a moderate judge in for enough time to come to grips with The hearings this week are starting their history. Again, they are dedi- it, and there should be and must be a to have the element of farce. The Re- cated to moving the court far away CBO score.’’ publicans ask softball questions, while from the mainstream. Well, Leader MCCONNELL, what was we Democrats endeavor to get the If anyone doubts that Judge Gorsuch good enough for us back in 2009 should judge to offer a meaningful response on would be an activist judge with strong be good enough for you today. one—any legal issue but are met with conservative views eschewing the in- I certainly hope Leader MCCONNELL constant refrains of ‘‘That is settled terests of average people, just look at follows his own advice from 2009 now law’’ and ‘‘I can’t prejudge’’ and ‘‘Gee, how he was selected—by the Federalist that he is majority leader.

VerDate Sep 11 2014 23:36 Mar 22, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.004 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1903 My Republican friends like to claim OPIOID ABUSE CRISIS past decade, and 45 percent of the peo- this bill isn’t the end of the story on Mr. MANCHIN. Mr. President, I rise ple who used heroin were also addicted healthcare. They claim they can pass a today because of the crisis we have to prescription opiate painkillers. Be- third prong later on down the road. Re- with the country’s opiate addictions— tween 2009 and 2013, only 22 percent of publicans in the Senate and the House prescription drugs—in the Presiding Americans suffering from opioid addic- should know this: There is no third Officer’s wonderful State of Alaska, the tion participated in any form of addic- prong. It is a fantasy. State of West Virginia, and every other tion treatment. Any legislation outside of reconcili- State in the Union. Think about the enormity of this epi- ation requires 60 votes, and Democrats West Virginia has the highest drug demic. The United States of America, will not help Republicans repeal and overdose death rate in the Nation due our great country, makes up only replace the Affordable Care Act today, to prescription drug abuse. Just in 2016, about 4.6 percent of the world’s popu- tomorrow, or 6 months from now. This West Virginia reported 818 overdose lation; yet we consume 80 percent of all bill, TrumpCare, Republicans, is your deaths, which is 4 times the number opiates produced and consumed in the one shot. that occurred in 2001 and is a nearly 13- world. How did it happen? The Pre- I think that is why House Repub- percent increase just from 2015, when it siding Officer and I grew up in a time licans have tried to jam some extra was about 607. More than 700 West Vir- when this wasn’t prevalent, but how policy changes onto their bill—like the ginians died from an opioid overdose did it happen? Medicaid work requirement and the re- last year, and 42,000 people in West Vir- I will tell you one thing: We have to strictions on abortion—because they ginia, including 4,000 youth, sought cure it. It is ravaging and destroying know they won’t be able to later on, treatment for illegal drug use, but they every part of this great country. We and they need more conservative votes failed to receive it. There is no place are taking so many productive people to pass this bill tomorrow. for them to go. out of the workforce because they are This approach has a serious problem. The Presiding Officer and I have spo- addicted. If you talk to your police and There is a serious question as to ken about this, and I appreciate his law enforcement anywhere in this whether these changes are budgetary willingness and openness to look at country, they will tell you that 80 to 90 changes or policy changes. If they are how we cure that. I have a bill called percent of all of the calls they make in policy changes, they will not meet the the LifeBOAT Act, which the Presiding the form of justice are due to opiate or Senate’s standards of reconciliation, Officer has been so graciously looking drug use. It is horrible what it is cost- known as the Byrd rule, and can be at. It is something that I believe would ing us in real time, in real dollars, in stricken from the bill. give us the funding mechanism, and it real people’s lives. Of particular vulnerability, my Re- won’t be a hardship. It also gives ex- There is another bill I have out publican colleagues, are provisions like emptions for people who have chronic there, too, and I call it last chance. It the Medicaid work requirement and the pain from cancer and all the chronic really deals with this. If we know we restrictions on abortion. House Repub- illnesses that are out there. Basically, have a problem—we have people whom licans should hear this before they the opiate drugs that are sold on a day- we don’t have in the workforce because vote: Those provisions that you might to-day basis by the millions and mil- three things keep you out of the work- think help you vote yes on the bill may lions—it is a one-penny revenue source, force: You are either addicted or con- not survive. Factor that into your one penny per milligram. That would victed or lack of skills. You have an vote. Ahead of the vote tomorrow, I just give us the funding mechanism we need addiction; you have been convicted of a want to say to my Republican col- in order to continue to have expanded crime, so you have a record; or you leagues—and I have sympathy, al- services for addiction. have a lack of skills or a combination though I don’t agree. I vehemently dis- I have been involved in public service of the three. agree. I know you feel caught between for quite some time, and 20 years ago, I can tell you that the addiction and a rock and a hard place, between the I would have thought anybody who has conviction usually go hand in hand. prospect of failing to fulfill a shrill and fooled with drugs, whether legal pre- People who are addicted often have a unthought-through campaign pledge scription or illicit drugs—it would be a larceny or maybe even a felony on and a bill that would badly hurt mil- criminal act and they should go to jail their record, and it is so hard for them lions of Americans, particularly your for it. Well, we have put people in jail to get back into the workforce. If you voters. for consumption for the last 20 years, get them in a treatment center, there I say to them: There is a way out. and it hasn’t cured one. So I have come is no carrot to say: Stick with this be- Drop your efforts to repeal the Afford- to the conclusion, basically, in looking cause you are going to be clean. able Care Act, and Democrats will and talking to the experts, after we It takes a lot of fortitude for a person work with you on serious proposals to have had two decades of evaluating to stay with the program when they improve the existing law. Drop this, that it is an illness, and an illness have such an addiction and a craving. TrumpCare. Come to us with some needs treatment. We don’t have the But if they know that at the end of ideas on how to improve the ACA, and treatment centers, so we are letting that 1 year in a treatment center, we will sit down with you and try to people go untreated, and that is basi- there is a chance for them to expunge figure out what is best for our country. cally sinful in this country. their record if it wasn’t a violent You can avoid this disaster of a bill There are 2.1 million Americans who crime, if it wasn’t a sexual crime—but called TrumpCare, which will result in abuse or are dependent on opioids—2.1 it was probably grand larceny, because higher costs, less care, and 24 million million. I think to get the scope of how usually they will steal from their fam- fewer Americans with health coverage. bad the situation is, and this epidemic, ily, and then once the family gets Turn back before it is too late. when you think about how over 200,000 tough with them, they will steal from I yield the floor. people have died since 2000—200,000— any type of extended family, and then The PRESIDING OFFICER (Mr. SUL- any other catastrophic cause of death they will steal from the neighborhood LIVAN). The Senator from West Vir- in this country would be of pandemic or anywhere they can get the money to ginia. proportions, and we would do whatever support their habit. Mr. MANCHIN. Mr. President, first of it costs in order to get the National In- What my bill says is that after 1 year all, I agree with my friend whole- stitutes of Health to find a cure. We in a certified treatment program, they heartedly. We are asking for a repair. would. But with this, we kind of sit complete another year of mentoring, It doesn’t make any sense at all to go back idly. helping other people get off and stay down the path of repealing until we According to the CDC, three out of off and maybe not start, then they are make an effort to make this better and four new heroin users abused prescrip- able to, with their sponsors—people protect the people who are depending tion opiates before moving to heroin. It who say: Yes, they have completed this on us. With that, let’s see what hap- is a segue for people to move right into program; yes, they have mentored for 1 pens. We are all willing to sit down and tougher, stronger, powerful drugs. year—they can go before the arresting work on both sides of the aisle to help Heroin use has more than doubled officers and the sentencing judge to see improve it. among young adults ages 18 to 25 in the if they can get that expunged to give

VerDate Sep 11 2014 23:36 Mar 22, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.005 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1904 CONGRESSIONAL RECORD — SENATE March 22, 2017 them a clean start. It is the Clean that afternoon made national news. Then the here know the same. They know peo- Start Act. I call it last chance, but offi- reporters left. Our nightmare, though, was ple. But we keep it quiet; especially if cially it is called the Clean Start Act. just beginning. it’s in our family, we keep quiet be- Taylor and I would spend the next 41 days It is one way to get this workforce in trying to get help. We drove door to door in cause it is embarrassing. We don’t America producing again because if search of inpatient treatment beds to isolate want anybody to know that we have not, the only thing they have waiting her from the heroin world. All we found were failed as a family structure. Something for them is a minimum wage job, and waiting lists; out-of-state centers that fell apart for this to happen. Why the skill sets most of them have are wouldn’t take West Virginia Medicaid; and would someone have to turn to drugs going to go unused and unproductive. doctors who discouraged Taylor from inpa- when they have a loving, caring fam- So these are things we are working on. tient treatment, saying she could do without ily? We just don’t understand, so we When you look at the misuse and it. keep quiet about it. Then Taylor put her name on Prestera’s It isn’t a Democrat or Republican or abuse of opiates and what it costs our waiting list for Suboxone, a drug proven to country, think about this. This was in reduce withdrawal symptoms. No one told liberal or conservative cause. This is a 2013, the last figures I have—an esti- her how long she might have to wait. Though killer that has no boundaries; it at- mated $78.5 billion in lost productivity, evidence suggests that the combination of tacks everybody. That is what I am medical costs, and criminal justice counseling and prescription drugs to reduce saying. When you see a mother who is cost. In 2013, it cost our country $78.5 cravings can be very effective, our law- doing everything she can to get her billion. So we are paying for it. It is makers have restricted the availability of daughter somewhere just to save her like ‘‘Pay me now or pay me later.’’ We this medication. life and can’t get her in—we are talk- On September 28, 2016, Prestera Center ing about this one penny: What is a are paying for it. called to inform me that Taylor had been ac- That one penny on every milligram cepted into the Suboxone program. one-penny tax, Joe? I can’t vote for of opiates that are produced and con- any new taxes. That was September 28, and, as I told I am not asking you to vote for a tax. sumed in this country would raise you, this overdose happened on August about $1.5 to $2 billion a year. I would I am asking you to look any of your 15. constituents in the eye and say: We hope it would raise none, but it would On September 28, Prestera Center called to raise that much because of the amount have a program that is lifesaving for inform me that Taylor had been accepted in you or your family member. God forbid of consumption we have. We consume the suboxone program. I had to tell her that 80 percent of all of the world’s opiates. she had overdosed and died 3 days before. if you ever need it, but we have it. We don’t hesitate to put taxes on With that, we can start creating treat- The next February I got a call from Prestera cigarettes. We didn’t hesitate. Every- ment centers and curing people. Pinecrest following up on Taylor’s applica- body voted for taxes on cigarettes. Ev- For the past year, I have been com- tion for recovery housing and to see if she erybody has voted for taxes on alcohol. ing to the Senate floor to read letters was still interested. Before she passed away, Taylor herself told I am asking for one penny—one penny from West Virginians and those strug- the Boston Globe reporter that the real story to save thousands and thousands of gling all throughout our country with that needs to be told is why there are no lives in America. I guarantee that opioid abuse. They all mention how treatment beds when our state has a crisis there will not be one person to vote hard it is to get themselves or their epidemic. against it—a Republican or Democrat loved ones into treatment. Sometimes Your State, my State—almost every who would not vote for something that it takes months, and sometimes it State in America has this. is going to put permanent funding for never happens. Most of the time, it Why must it be so hard to get addiction treatment centers in the most needed never happens. This problem stems treatment in a state with the nation’s high- areas in America and saves people’s est drug death rate—818 deaths last year, from a lack of a system to help those lives. who are looking for help. We need per- most of them from [legal prescription drugs]? There aren’t enough resources to accom- manent funding. We talked about that. modate the addiction problem in the heroin That is why I introduced the LifeBOAT Think about how this epidemic has capital of the United States, Taylor [herself Act. gotten to this proportion. We have a told] a reporter. If no one changes it this Today I am going to read a letter drug that is put on the market by the whole city will go under. from a mother from West Virginia—she FDA. This is an organization, a Federal Let me tell you what this city of is no different from a mother from agency, that is supposed to make sure Huntington is doing right now. I met Alaska, I can assure you—who lost her that we have for consumption a safety with them last week when I was home. daughter to drug abuse after she strug- net built into it. So the FDA gives They are going to have a center of ex- gled to get her into treatment facili- their stamp of approval: This is a prod- cellence starting with Marshall Univer- ties she desperately needed. This is uct that can be used, and it should be sity, the city of Huntington, Calvert Leigh Ann Wilson’s story. of help. Then it goes to the DEA to find County, and the entire organization. On behalf of the families who have lost out who is allowed to dispense it with- All the policymakers are working to- their children to addiction, I ask that any out any type of education or any type gether because this is something they health law reforms contain a serious effort of work to make sure that there is are fighting every day. This center of to ensure effective addiction treatment for competency in our doctors who are pre- excellence is built around this. We all who need it, whatever it takes. scribing it—or I might say overpre- know we have a problem. We have peo- Just yesterday, the Boston Globe published scribing it. Then it goes to the doctor, ple overdosing. We are trying to save a special report about my daughter, Taylor who is the most trusted person outside Leigh Wilson. lives. We are trying to get them clean, of our family, who says: This is going and we are trying to get them back Leigh Ann’s daughter is named Tay- to help you. This is good for you. This into the workforce. lor Leigh Wilson. is what we are talking about—what is The center of excellence is going to My youngest child was one of West Vir- killing West Virginians and Americans start at conception for a mother who ginia’s promising young people, a former every day. may be using and conceives a child. Girl Scout, Cabell Midland High School grad- If you need heart surgery, you have uate and Marshall student who wanted to How do we get her clean? How does she turn her love of books into a career as a li- insurance providers around the State have a healthy baby versus a drug-ad- brarian. But drugs destroyed her life despite that would compete for your care. That dicted baby? her willingness, and months of effort, to get is what she is saying. There is someone We have Lily’s Place down there, and treatment. there; for any other treatment or any what they are doing in neonatal care is Taylor’s overdose was the first— other need for treatment of any illness, unbelievable. They are trying to get You have to listen to this because we can find help, but not for this. this baby weaned off the addiction that you are just not going to believe what This has been such a silent killer the mother passed on in her pregnancy. happened in Huntington, WV, on this that I know—and my family included. Then we want to make sure that moth- day. Everyone I talk to—anybody I talk to er goes back home with the baby in a Taylor’s overdose was the first of 28 that knows somebody in their immediate clean home because, if not, the cycle would be reported in Huntington in the span family or extended family or a close will continue. This is what the center of five hours on Aug. 15, 2016. The horror of family friend. All of our young interns of excellence is going to do.

VerDate Sep 11 2014 04:13 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.006 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1905 The success we think we are going to She had a hip injury, and she went to I am hopeful for this great country have, starting at ground zero in Hun- the hospital. When she went to the hos- and this new generation that we are tington, WV, will be able to be shared pital, her mom and dad went up there. counting on that they can keep them- all over the country because they are So here was the mom, the dad, and the selves clean and still continue to be the going to take a holistic approach. You girl; they went to admissions. She said: hope of the world, and they truly are. just can’t say: I am going to treat the I want you all to know, I am so proud With that, I yield the floor. addict. I am going to treat the cause. It that I am a recovering addict, and I am I suggest the absence of a quorum. goes further than that. These children 6 months clean. I want to make sure The PRESIDING OFFICER. The are being born to a drug-infested moth- you all know that. The parents reiter- clerk will call the roll. er and a father or a person who is pa- ated it. The legislative clerk proceeded to ternal or into a family that is still She goes into this, and there are no call the roll. drug-infested. It does nothing but per- laws—nothing. They ask her all dif- Mr. GARDNER. Mr. President, I ask petuate the cycle. This is what we have ferent types of questions: Are you al- unanimous consent that the order for to stop if we want to save the country. lergic to penicillin—whatever it may the quorum call be rescinded. Here is what I tell children, and I will be? They make sure that her chart is The PRESIDING OFFICER. Without tell all of our young interns. I go to marked right, so that another attend- objection, it is so ordered. schools and talk every day. I tell them ing physician or another attending NOMINATION OF NEIL GORSUCH that there is not another country that nurse or the night shift or whatever Mr. GARDNER. Mr. President, over will take on the United States of looks and sees that they can’t do that the past several days, the American America militarily. No one compares because it says she is allergic to that people have had a chance to participate with the greatest military that the or they shouldn’t give her this because in the Supreme Court nomination proc- world has ever known, that history has of her condition. ess by watching Judge Neil Gorsuch, ever recorded, the United States of She goes in and she gets treated and judge of the Tenth Circuit Court of Ap- America. It is not going to happen. No- she has an infection. They want to peals, based in Denver, take questions body can take on this great economy of treat the infection, so they put a port from the Judiciary Committee. For ours—the greatest economy in the in to treat the infection because that is several days now, there have been hear- world, $19 trillion, almost $20 trillion how she would be treated with that. ings, with the Judiciary Committee’s GDP. The closest economy we have The discharging physician did not meeting 12 hours yesterday or so and, next to us is China, with an economy know she was a recovering addict. He the day before, there being a number of that is about half of ours, $10.5 to $11 saw a healthy young lady with an in- speeches from every member of the Ju- trillion. Then it drops off the scale jury and knew that she was going to diciary Committee. I and Senator BEN- with Japan and then Russia. Russia is have pain, so he prescribed her some NET, my colleague from Colorado, had at $2.5 to $3 trillion. No one compares pain medication. He prescribed her 50 the great privilege of introducing to the United States of America for the OxyContin on the afternoon she was Judge Gorsuch on Monday to the Sen- economy and military might we have discharged, and she overdosed and died ate Judiciary Committee. as a superpower—the only superpower by 1 in the morning. I think what people across the coun- left in the world, the United States of Jessie’s Law basically says that if try are seeing in this confirmation America. We are the hope of the world, the guardian or parent and if the pa- process is a judge who has a keen grasp the United States of America. tient both come in and identify their of the law, a judge who understands the I tell them: They don’t think they problem and they want you to mark limits of power that are placed on the have to fight you. They don’t have to their charts accordingly, that should judicial branch, understands the role of take over our economy. They think we be done. Pretty simple, right? the executive branch, understands the will give it to them. They think we will Let me tell you what has happened. role of the legislative branch, and how give it to them because we have a lack For 1 year it has been stalled because he as a judge is supposed to rule when of skill sets. Our education attainment of HIPAA privacy laws. All this was it comes to checking that balance of is not as high as what they are doing, going on; 1 year was up, and I called power. and our addiction problem means we David. They had written me a letter We also see, of course, after 12 hours will not be clean enough to be able to that said: Do you think anything will of questioning—everything from the perform. They will just sit back and ever happen? kind of temperament he has to the wait because time is on their side. So we went back again and started kinds of decisions he would make—that They can sit back and wait for us to working on it. Here’s what we did to he is an even-tempered individual who turn it all over. And you might be the change it. I said: David, we are going to would serve this country well. So I last generation that lives in our coun- have to take the parents or guardians come to the floor again to talk about try as the only superpower, the United off of it. If the patient themself asks my support for Judge Gorsuch. States of America. God, I hope that for that, freely and willingly asks for Eleven years ago, this Chamber doesn’t happen, but we have to fight that, we think that will pass muster, unanimously confirmed Judge Gorsuch this. We just can’t continue to keep and all the different interest groups through a voice vote for his position in talking about it. out there that are so concerned will ba- 2006 on the Tenth Circuit Court. Judge We have a good piece of legislation. sically accept that. Gorsuch has been described as a ‘‘bril- Think about this: I introduced this bill So we have that piece of legislation liant legal mind’’ by the Denver Post a year ago—introduced it to honor Jes- called Jessie’s Law. God forbid, if and both liberal and conservative at- sie Grubb and her mom and dad. Her someone has a constituent or a loved torneys in Denver. He is a mainstream dad served in the State legislature with one and it is not known, they can lose jurist who has the right temperament me. We have been friends for a long that child, just like that. and the right view of judging in order time. Jessie was 30 years old. She was These are all things that we are deal- to be on the Supreme Court, according a promising young girl. She got sexu- ing with after the effects of addiction. to the Denver Post. ally molested when she was in college. Huntington, WV, and Marshall Univer- Moreover, Judge Gorsuch is a faithful She came home, hid it from them, was sity are going to take on an effort that and ardent defender of our Constitu- depressed, got started on—they gave I think is heroic: How do we start from tion, a judge who has, time and again, her some pain pills, some drug suppres- the beginning, conception, and make shown a fidelity to the separation of sants so she could cope with it. She got sure that child doesn’t grow up to be an powers and the limited role of govern- addicted. She overdosed a few times. addict, make sure that family can get ment that was envisioned and pre- She was trying to cure—she was 30 clean enough, and make sure they can scribed by our Founders. years old. She had gone to Michigan. be given the responsibility to care for It is no wonder that Judge Gorsuch She was in treatment. She had been that child so that they can grow up not has always enjoyed overwhelming bi- clean for 6 months. She was a runner, in an addicted environment? That is partisan support. In fact, 12 of our cur- an athlete. She was doing her first what we are trying to do. We are at rent Senate colleagues, including mi- marathon. ground zero. nority leader Senator SCHUMER and

VerDate Sep 11 2014 23:36 Mar 22, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.008 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1906 CONGRESSIONAL RECORD — SENATE March 22, 2017 Senators LEAHY, FEINSTEIN, and DUR- radans and many of my distinguished Constitution, but they did it amongst BIN, all of whom are on the Judiciary Senate colleagues, grew worried as we guidance by people like James Madison Committee, were in office in 2006 when watched continued administrative and Federalist No. 47. They did so un- Judge Gorsuch was unanimously con- overreach. We watched 8 years of con- derstanding that one branch of our firmed to the Tenth Circuit. None of tinued administrative overreach, agen- government wouldn’t gain an unfair them opposed his confirmation—none cy overreach, and a judiciary that was advantage over another branch of the of them. ill-suited, or not inclined, to push back government. Perhaps the best question for them on the executive branch’s unconstitu- As the years since that debate in 1789 today would be: Do you regret that de- tional overreach. took place, we have seen that there has cision 11 years ago? Did you not do As James Madison warned us in Fed- been a mission creep, so to speak; that enough work to know the nominee eralist No. 47, ‘‘The accumulation of all there has been a branch overreach, as then? powers, legislative, executive, and judi- the executive branch has grown in When Senator GRAHAM held his com- ciary, in the same hands, whether of power at the expense of the legislative mittee hearing 11 years ago—the con- one, a few, or many, and whether he- branch. I wish I could say that was all firmation process—no one else showed reditary, self-appointed or elective, the fault of the executive branch, but up. It was an empty dais. If you tuned may justly be pronounced the very def- it certainly hasn’t been. At times, the in to watch C–SPAN on Monday or inition of tyranny.’’ legislative branch has yielded too Tuesday, you saw a different level of It is, therefore, James Madison con- much power and too much authority. participation from the Judiciary Com- cluded, that the separation of powers Instead of doing its job, the legislative mittee. What a difference a court must be a ‘‘sacred maxim of free gov- branch has given that authority to the makes. So I hope this process is one ernment.’’ executive branch. Of course, the execu- that will be shown to be fair to the That is what we are seeing in this de- tive branch hasn’t just pushed it away, American people—this process of get- bate over the confirmation of Judge saying: No, don’t do that. They have ting to know Judge Gorsuch’s tempera- Gorsuch. Through his writing, Judge taken it. Both Republicans and Demo- ment and his legal philosophy, but not Gorsuch undoubtedly recognizes this crats, over the past several years, have 1 of the 12 Democratic Members who sacred maxim of free government. The done exactly that, but it has hurt our are here today and who were here in questions he is receiving and the an- balance of powers, and it has hurt that 2006 voted against him in 2006. swers he is giving talk about that sa- very idea enshrined in Federalist No. The approval of Judge Gorsuch was cred maxim of free government. 47; that we have to make sure the same also in addition to a few other col- His body of work indicates, one, an hands don’t hold all the power of gov- leagues who have since left. We were understanding that there are clear con- ernment, leading to that maxim of free joined at that time—Judge Gorsuch stitutional limits to administrative government. was supported at that time by then- agency power; two, it also dem- So a judge who understands and who Senator Barack Obama, by then-Sen- onstrates and illustrates a willingness will rule that there are clear constitu- ator Joe Biden, by then-Senator Hil- to ensure agencies do not exceed their tional limits to administrative agency lary Clinton, and, at that point, by statutory authority; three, a genuine power is an important philosophy. It is Senator John Kerry, all of whom par- concern for the due process of regu- an important approach that a judge ticipated in the confirmation process lated parties, which rightly requires would have. A judge who is showing a of Judge Gorsuch 11 years ago and all these parties to receive clear notice on willingness to ensure that agencies of whom did not oppose his nomination the scope of the regulations they must don’t exceed their statutory author- on the floor of the U.S. Senate. It follow; and, four, a recognition that ity—we need that in our Nation’s shouldn’t come as a surprise, if you there are constitutional limits on the Court. We need that on our Nation’s have been paying attention to the con- lawmaking responsibilities that Con- High Court to restore the balance of firmation process, to watch a main- gress can delegate to the executive power. We need someone with a gen- stream consensus pick for the Supreme branch. uine concern for due process, someone Court answer questions. From when Remember, going back to the found- who recognizes that there are constitu- the hearings began—of course, just a ing of our country and the arguments tional limits on lawmaking responsibilities that Congress can delegate to couple days ago—I think, since then, that took place over the type of gov- the executive branch. That is why it is we have seen overwhelming bipartisan ernment we should have, this Nation important we talk about the views of support emerge publicly in the Senate, started first with the Articles of Con- Judge Gorsuch and the questions he is once again, and we will see that emerge federation and this loose collection of being asked because his views are root- over the next several weeks. States—States that were able to print Several of our colleagues from across their own money, States that were able ed in the Constitution—very main- the aisle have already indicated they to raise their own militia because they stream rules that are rooted in the Constitution, mainstream views that believe Judge Gorsuch deserves an up- feared the power of tyranny; they should ease any concerns our col- or-down vote, and I hope that will con- feared the power of centralized govern- leagues on the other side of the aisle tinue. A fair shake in this process is ment that the British monarch rep- may have about Judge Gorsuch. resented, but that loose Confederation what we are asking for. I whole- As Judge Gorsuch explained in his fa- heartedly agree with my colleagues wasn’t working so our Founders real- mous concurring opinion on the def- from across the aisle that he deserves a ized they had to go back to the drawing erence given to administrative agen- fair shake and an up-or-down vote. board to come up with something dif- cies interpretations, the so-called Let’s give him that fair shake. Let’s ferent. Chevron doctrine, he said: give him that up-or-down vote. Let’s So in the late 1700s—1787, 1788—we We managed to live with the administra- make sure the process remains fair, saw this great debate break out pub- tive state before Chevron. We could do it and let’s give it in a timely fashion. lished across the pages of papers in again. Put simply, it seems to me that in a Let’s also give the American people a New York and throughout the country world without Chevron very little would fair shake. Let’s not forget that Judge as the anti-Federalists and the Fed- change—except perhaps the most important Gorsuch is their choice for the Su- eralists began debating what kind of a things. preme Court. The American people re- government we should have. We had to That maxim of free government, that jected the previous administration’s recognize that too much government balance of power, the separation of nominee and instead chose Judge was a bad thing, but we also recognized powers, the limits on the administra- Gorsuch. We should respect the will of that when we were too loose with that tive agency powers, it is something the American people. government, then it wouldn’t function that I think we have to focus more Today, I would also like to speak either. time on, to restore the role we are sup- about Judge Gorsuch’s jurisprudence So James Madison and others who posed to play. We need to restore the on the separation of powers and the ad- had gotten together recognized that we role we are not just supposed to play ministrative state. Under the previous should put forward a different type of but the role we are mandated by the administration, I, like many Colo- government, and they did so in the Constitution to fulfill.

VerDate Sep 11 2014 23:36 Mar 22, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.010 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1907 For these reasons, and many others I people—American workers hurt and peal of the Fair Pay and Safe Work- have shared on the floor, I look forward killed every year. places Act, I said the debate on this to working with my distinguished Data show employers already vastly vote was about whom Congress works Democratic colleagues to make sure underreport workplace injuries and ill- for. Today’s debate is no different. The Judge Gorsuch gets that fair shake and nesses, and without this rule, under- Republicans are working for giant em- that timely up-or-down vote and I cer- reporting will skyrocket. It will get ployers that don’t want to follow the tainly hope the bipartisan support he harder for OSHA to hold employers ac- basic rules to keep their employees deserves. countable when they cut corners and safe. This is shameful. This Congress Thank you, Mr. President. endanger worker safety. should be working for the Americans I suggest the absence of a quorum. Today’s vote is great news for the who work for a living and just want to The PRESIDING OFFICER. The Republicans who will rake in campaign be able to do that without putting clerk will call the roll. contributions from their buddies at the their lives at risk. The bill clerk proceeded to call the Chamber of Commerce. It is great news I yield the floor. roll. for giant corporations that are lob- I suggest the absence of a quorum. Ms. WARREN. Madam President, I bying hard against this rule, but it is The PRESIDING OFFICER. The ask unanimous consent that the order not great news for hard-working Amer- clerk will call the roll. for the quorum call be rescinded. icans. The people did not send us to The bill clerk proceeded to call the The PRESIDING OFFICER (Mrs. Washington to work for companies roll. ERNST). Without objection, it is so or- that plump up their profits by skirting Mr. NELSON. Madam President, I dered. safety regulations. ask unanimous consent that the order Ms. WARREN. Madam President, The problem? This is just the begin- for the quorum call be rescinded. during his campaign, President Trump ning. Last week, President Trump pro- The PRESIDING OFFICER. Without talked a big game about standing up posed cutting the Department of La- objection, it is so ordered. for workers and creating good, high- bor’s budget by more than 20 percent. OPIOID EPIDEMIC paying jobs, but so far, the Republicans These cuts will take cops off the beat Mr. NELSON. Madam President, haven’t voted on a single piece of legis- and send a clear signal to employers there has been a lot of conversation lation to create jobs, to grow our econ- that they can cut corners on safety from so many of our fellow Senators omy, or to increase wages for middle- with impunity. about the opioid crisis that has been class families—not one single piece, no President Trump also proposed elimi- devastating individuals and families nating a 1970 program at OSHA that votes to create jobs, grow the economy, across the country. We heard this par- gives grants to nonprofits and commu- or increase wages for middle-class fam- ticularly in New Hampshire as it was a nity organizations that provide free ilies—but they have been voting. topic of discussion last fall during the training for workers on how to identify Two weeks ago, Senate Republicans election. It was an opportunity to and prevent job hazards that could in- voted along party lines, 49 to 48, to bring to the Nation’s attention—be- jure or kill them. These programs make it easier for companies that get cause of the eyes being focused first on work, and now President Trump wants big-time, taxpayer-funded government the New Hampshire primary—of a real to cut them. That would mean the end contracts to steal wages from their em- opioid crisis. of successful worker training programs ployees. They also made it easier for What we also then discussed was that like the Brazilian Worker Center’s pro- those companies to injure their work- it was not just affecting a few States, gram in Allston, MA, that provides res- ers without admitting liability. Today, it was affecting most of the States. idential construction workers with life- we are voting to make it easier for em- That is the case with my State of Flor- saving fall protection training. It also ployers in the most dangerous indus- ida. Addiction to opioids has reached would cut funding for a Massachusetts tries to hide the most serious injuries staggering levels, and the situation is Coalition on Occupational Health and and illnesses their workers suffer on Safety program in Dorchester that only getting worse. In 2015, more than the job. gives teens working in the retail sector 33,000 Americans died from prescription This isn’t some burdensome new reg- training on how to prevent workplace opioid overdoses. That is 15 percent ulation. Large employers in the most violence, including sexual assault. more people than had died just the pre- dangerous industries have been re- Please note how important this is— vious year. I don’t have the figures for quired to record serious illnesses and 200,000 young workers are the victims last year, 2016. injuries their employees suffer on the of workplace sexual assault every sin- So Florida is right there in that na- job since 1972, a few years after the Oc- gle year. This is a training program tional trend. What Florida saw between cupational Health and Safety Act was that was so successful that since it has 2014 and 2015 was a 22.7-percent in- first passed in 1970. been implemented, it has been rep- crease. It is staggering because in that The rule Republicans are trying to licated now nationwide. Yet the Trump year, Florida suffered over 2,000 deaths overturn today simply clarifies an em- administration wants to defund it. from opioid overdoses. Earlier this ployer’s obligation to maintain accu- Just yesterday, the Trump adminis- month, our office interviewed a woman rate, up-to-date records on workplace tration finalized a 60-day delay of a from Florida for yesterday’s Com- illnesses and injuries for 5 years. The rule to protect 60,000 workers who are mittee on Aging’s hearing. Occupational Safety and Health Ad- exposed to lethal, cancer-causing be- She is caring for her 7-year-old ministration—or OSHA, as most of us ryllium at work. This regulation saves grandson because his mother lost cus- call it—at the Labor Department has about 100 lives every single year. Be- tody, was later incarcerated due to her been enforcing this requirement in cause the beryllium standards haven’t drug addiction. Sadly, this story is all every administration since 1972, Demo- been updated in 40 years, tens of thou- too familiar. The number of grand- cratic and Republican. OSHA uses sands of workers are putting their lives parents serving as the primary care- these data to determine how best to at risk every single day. Americans takers for their grandchildren is in- prioritize workplace inspections. Since who are exposed to beryllium on the creasing, as was the case with the lady OSHA resources are so scarce, they job shouldn’t have to wait another 60 from Florida who testified at the Com- have only enough money to inspect days before they can get some protec- mittee on Aging hearing this week. each workplace once every 140 years. tion so their jobs will not cause them They are primary caretakers for their So they kind of pick and choose where lung cancer. grandchildren. It is, in large part, be- to focus these days to make sure they The pattern emerging is pretty clear. cause of the opioid epidemic. are targeting their inspections at in- Republicans have no plans to improve In addition to the devastating loss of dustries and in occupations where the lives of American workers. Quite life and the challenges for the new workers are at the highest risk of in- the opposite. Republicans are increas- caregivers, opioid abuse is straining jury. The Department also uses these ing the odds that workers will be in- local and State budgets. Just last reports to publish yearly statistics on jured or even killed. month, the vice mayor of Palm Beach the workplace hazards that kill 4,800 When I came to the Senate floor 2 County sent a letter to the Governor people and injure another 3 million weeks ago to speak out against the re- urging him to declare a public health

VerDate Sep 11 2014 01:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.012 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1908 CONGRESSIONAL RECORD — SENATE March 22, 2017 emergency in Florida citing the loss of are the least fortunate among us—is saying, listen to what union members life and financial impact—in this case that we are about to cut back on all are saying, and listen to what non- to Palm Beach County. that progress we have made on this union members are saying about what Yesterday, several of my colleagues opioid crisis. I hope that we will think these workplace safety rules mean. and I sent a letter to the majority lead- better of this and not do it to our- Worse yet, this vote today will allow er of the Senate highlighting some of selves. employers to falsify their safety our concerns with the House of Rep- I yield the floor. records with impunity. Companies can resentative’s healthcare bill that I call I suggest the absence of a quorum. avoid OSHA rules and inspections by TrumpCare and how it is going to im- The PRESIDING OFFICER. The underreporting—underreporting—harm pact those with substance abuse dis- clerk will call the roll. to their workers, and they can avoid orders because one of the things we are The bill clerk proceeded to call the making a real investment to make most concerned about is how the pro- roll. their workplaces safer. posed changes in Medicaid that they Mr. BROWN. Madam President, I ask Over the past three decades, some of are going to vote on at the other end of unanimous consent that the order for the worst offenders with dangerous the hall—right down here tomorrow, the quorum call be rescinded. workplaces hid injuries and kept fraud- they are going to vote on the House of The PRESIDING OFFICER. Without ulent records. They hid injuries, and Representative’s healthcare objection, it is so ordered. they kept fraudulent records. They TrumpCare bill. Mr. BROWN. Madam President, one claimed they were safe, while workers The changes they make to Medicaid thing has become clear in this country: were being hurt on the job. would prevent States from being able Hard work just doesn’t pay off like it These requirements only apply to the to respond to the opioid crisis because used to. Over the last 40 years, GDP most dangerous industries—industries Medicaid plays a critical role in the has gone up, corporate profits have where proper safety precautions could fight against opioids, but changing the gone up, and executive salaries have mean the difference between life and Medicaid Program to a block grant or gone up all because of the productivity death or a permanent disability for a cap is going to shift costs to the of American workers, but companies these workers. We are talking about States. The States are not going to are not investing in their workers the fall hazards, dangerous machines with- pick up that additional cost. It is going way they did. Workers don’t feel like out proper guarding, workers handling to eliminate also some of the Federal institutions—whether it is government dangerous chemicals without adequate protections, and it is only going to or big companies—work for them. washing stations. hurt our people who rely on Medicaid Again, GDP goes up, corporate prof- Look at the poultry processing indus- to help them as we are combating this its go up, executive salaries go up, try. These workers face serious health opioid crisis because with less Federal worker productivity goes up, but work- and safety problems. In many plants, funding, how are States like mine ers’ wages do not. Actions like this workers process 140 chickens a minute, going to provide the necessary services today are the reason. Congress is vot- and they are at risk for disabling inju- to help individuals with substance ing to allow employers in our most ries. abuse disorders? dangerous industries to hide injuries to Maybe people around here don’t Congress ought to be doing more to workers and to skirt worker protection think much about people processing help with this crisis, not less. How laws. chickens. It is not a job that pays well. many times have you heard a Senator, This Occupational Safety and Health It is a job that is difficult. Frankly, like this Senator, come to the floor and Administration, or OSHA, rule simply people in this body don’t know people talk about the opioid epidemic? Yet we makes clear that it is the employer’s who do those jobs, by and large. They are just about to do it to ourselves if responsibility to maintain accurate are handling 140 chickens a minute. we pass this TrumpCare bill. Remem- records of serious injuries that happen They are at risk for disabling injuries. ber, last year, while so many of us, in- on the job. The rule simply makes We eat the chickens, but we don’t see cluding this Senator, were early sup- clear that it is the employer’s responsi- what happens when they are processed, porters of the Comprehensive Addic- bility to maintain accurate records of and we are not paying attention to tion and Recovery Act of 2016—it was serious injuries that happen on the job. that. That is why it is so important we signed into law last year. The law It doesn’t impose new costs. It not vote for this rule change. takes a comprehensive approach to this doesn’t affect small business. What it Too many employers fail to report opioid problem. does is it holds companies accountable these injuries. If OSHA isn’t empow- A few months ago, a lot of us, includ- for maintaining their own records, as ered to enforce recordkeeping, proc- ing this Senator, voted to provide addi- they have done for 40 years. These essing plants will be able to hide their tional funding to start implementing records are the most important tool we safety violations and expose their this crucial new law to fight opioid ad- have to identify and root out the most workers to crippling injuries. diction. Despite this progress, the dangerous workplace hazards. They are This CRA vote today is about work- House tomorrow—probably, tomorrow the basis for national statistics on ers’ safety, period. Workers’ safety is night—is about to pass legislation that workplace health and safety. something so fundamental that it is would completely undermine last Two former Commissioners from the hard to believe we are arguing about it. year’s bipartisan efforts to respond to Bureau of Labor Statistics—one from In the United States of America in the epidemic and to undercut the George Bush administration and 2017, companies shouldn’t be able to healthcare for millions of people in one from the Barack Obama adminis- put workers’ lives and safety at risk this country. tration—have written to this body, just so they can make more money. Opioid abuse is a deadly, serious warning us that killing this rule could They shouldn’t be able to put their problem, and we cannot ignore it. We undermine nearly a half century of workers’ lives and safety at risk just to should be investing more resources worker safety information. make more money, and we shouldn’t be into helping these people and their So a leading Republican and a lead- part of that effort to help those compa- families, not cutting them at the time ing Democrat have both written to this nies do that. we need them the most. body saying: Don’t do this; it will mean To my colleagues who are prepared Again, I make a plea. We made more workplace injuries. to gut this rule, I ask: Would you be progress last year with the law. We I know people around here who have willing to work these jobs? Would my passed the new law. We made progress, these kinds of jobs—where workplace fellow Senators be willing to send their giving some additional funding. The injuries rarely are even a fact of life— children to work in these dangerous in- crisis hasn’t gone away. We still need may not think about this enough. Pope dustries while turning a blind eye to to respond. Francis exhorted his parish priests to safety rules? But at the very same time, what we go out and smell like the flock. People I think we know what the answers to see happening to the Medicaid Pro- in this body need to go out and talk to those questions are. This is why Ameri- gram—eliminating Medicaid as we workers more. Go to union halls, go to cans are losing their faith in our insti- know it, healthcare for the people who workplaces, listen to what workers are tutions.

VerDate Sep 11 2014 01:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.015 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1909 Earlier this month, at the Glenn ning. Like many figures throughout the state.’’ It is so essential, in fact, School in Columbus—which is named history, he rode into office as much on that the Founding Fathers enshrined after my good friend, the late Senator a cult personality as on the merits of our commitment to a free and open John Glenn—I rolled out a plan to rein- his policies. It started with the nick- press to the very First Amendment to vest in the American worker, but in- names and the unrestrained insults, the Constitution, that ‘‘Congress shall stead of coming together to work on calling opponents crooked and lyin’ make no law . . . abridging the free- solutions, the Senate today is going in and phony, calling critics dumb as a dom of speech, or of the press.’’ Yet the wrong direction. We are debating a rock, incompetent, crazy, or dishonest. what we have seen time and again from measure to give big corporations— He escalated the calls to toss out or President Trump is an endless attack which in many cases are more profit- hurt protesters at his rallies. At one against the fourth estate, against the able than they have ever been—more point, he promised to pay the legal press. He said: ‘‘The media is very un- ways to exploit American workers, bills of a man arrested for punching a fair. They’re very biased.’’ He com- more ways to evade the consequences, protester at a rally in North Carolina. plained on FOX News last August. and more ways to pad their profits at Then there were the ‘‘lock her up’’ He attacked the New York Times in the expense of everyday Americans. chants that he repeated himself, call- that same interview, not for the first American workers aren’t just a cost ing for imprisoning a political oppo- or last time, saying: ‘‘You look at The to be minimized. Protections for work- nent. Threatening to throw your oppo- New York Times, I mean the fail—I ers’ safety aren’t a luxury you can cut. nent in jail if you win is a strategy call it ‘The Failing New York Times.’ ’’ It is disgraceful that this body fails to usually seen only with dictators. Apparently any news story critical of understand this. Mr. Trump himself best summed up the President is now ‘‘fake news.’’ He I suggest the absence of a quorum. his populist cult personality when he tweeted in February: ‘‘Any negative The PRESIDING OFFICER. The said at one campaign event: ‘‘I could polls are fake news.’’ clerk will call the roll. stand in the middle of Fifth Avenue And when asked about leaks from the The bill clerk proceeded to call the and shoot somebody, and I wouldn’t intelligence community during last roll. lose any voters, OK?’’ The scary month’s press conference in the East Mr. MERKLEY. Mr. President, I ask thought is that he was probably not so Room, he said: ‘‘The leaks are abso- unanimous consent that the order for far off the mark. This aggressive and lutely real. The news is fake because so the quorum call be rescinded. unswerving loyalty is a challenge to much of the news is fake.’’ The PRESIDING OFFICER (Mr. our ‘‘we the people’’ democracy. His staff has gotten into the action, TILLIS). Without objection, it is so or- Let’s take a look at Senior White too, pushing at one point the Orwellian dered. House Policy Adviser Stephen Miller’s term, ‘‘alternative facts.’’ During an WE THE PEOPLE declaration on Face the Nation last interview on NBC’s Meet the Press, Mr. MERKLEY. Mr. President, the month. He said: ‘‘Our opponents, the Kellyanne Conway said: ‘‘Sean Spicer, most important words in our Constitu- media, and the whole world will soon our press secretary, gave alternative tion are the first three words, ‘‘We the see as we begin to take further actions, facts,’’ and, in the administration, ‘‘we People.’’ With those words, our Found- that the powers of the President to feel compelled to go out and clear the ing Fathers laid out the vision, the protect our country are very substan- air and put alternative facts out principles, and the foundation for our tial and will not be questioned.’’ there.’’ new Nation’s government. It would be, That is an interesting statement to The White House has taken their as President Lincoln so eloquently de- make: The President’s powers will not fight with the media so far as to block scribed, ‘‘a government of the people, be questioned. What a bold, un-Amer- access to outlets they disagree with, by the people, and for the people.’’ It ican, authoritarian statement to make banning outlets such as CNN, POLIT- would not be a government by and for because here in America, our Nation, ICO, the New York Times, and Los An- the privileged. It would not be a gov- our national government, is premised geles Times from an off-camera press ernment by and for the powerful. It on the concept that we can challenge briefing last month. would not be a government by and for our leaders. It is not only a privilege, it But of all of President Trump’s re- the elite, and it certainly would not be is a responsibility. Yet Mr. Trump has lentless attacks against the media, the an authoritarian government. repeatedly attacked this fundamental most disturbing to me was when he I believe it is more important than American principle and those who exer- tweeted in February: ‘‘The FAKE ever for us to recommit ourselves to cise it. NEWS media (failing @nytimes, that vision, a vision of a nation that Take, for instance, his attack on @NBCNews, @ABC, @CBS, @CNN) is measures successes, not at the board- freedom of the press. Demosthenes, an not my enemy, it is the enemy of the room table but at the kitchen tables of ancient Greek statesman, orator, and American People!’’ hard-working Americans across this legal scholar of the third century B.C. President Trump, I have a message land, the vision of a nation that derives once said: ‘‘There is one safeguard for you: A free and open press is not its power and authority from the peo- known generally to the wise, which is the enemy of the American people. A ple. an advantage and security to all, but free and open press is the salvation of In order to do that, we must resist especially to democracies as against our democratic Republic. It is an essen- President Trump’s dangerous tilt to- despots—suspicion.’’ tial warrior in our Republic against ward authoritarianism. Throughout his What Demosthenes was saying is fake news, charlatans, and those who candidacy and now within the walls of that in a democracy we don’t take the would use fake news and attacks on the the White House, President Trump has statements of our political leaders sim- press to advance authoritarian govern- viciously and repeatedly attacked the ply at face value. We test those statement. media. He has inflamed people’s anger ments against the facts to find our way I thought my colleague from Arizona, toward immigrants, toward religious to the truth. In the United States, a Senator MCCAIN, made a very apt anal- minorities, toward refugees, and he has free and open press is how we exercise ysis when he said that suppressing free undermined or attacked individuals that suspicion and find our way to the speech is how dictators ‘‘get started who publicly stand up to him and the truth. . . . when you look at history, the first shortcomings of his policies. These are Thomas Jefferson believed that. He thing that dictators do is shut down four strategies used by authoritarian said: ‘‘Our liberty depends on the free- the press.’’ Senator MCCAIN went on to leaders from time immemorial to con- dom of the press.’’ Our liberty depends say: ‘‘If you want to preserve democ- solidate power. These are strategies upon the freedom of the press. racy as we know it, you have to have a that are incompatible with our con- Benjamin Franklin echoed that belief free and many times adversarial stitutional ‘‘we the people’’ construc- when he said: ‘‘Freedom of speech is press.’’ tion of government, and we must call ever the Symptom as well as the Effect So this is a major concern, this at- out and resist these strategies. of a good Government.’’ tack on the media, and particularly an President Trump’s authoritarian John Adams wrote: ‘‘The liberty of attack on news organizations that leanings were there from the begin- the press is essential to the security of work to vet their reporting before they

VerDate Sep 11 2014 01:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.016 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1910 CONGRESSIONAL RECORD — SENATE March 22, 2017 share it with the American people. In from the United States to Mexico, a Here is the great irony and the trag- other words, we are in the ironic situa- net outflow. A more recent Pew Study edy of President Trump’s effort to de- tion that the very groups under attack determined that the number of undocu- monize Muslims: Instead of protecting by President Trump are the groups mented Mexican immigrants in Amer- the United States, he is damaging the that work hardest to get true facts, ac- ica has declined by more than 1 million security of the United States. His at- tual facts, vetted facts, carefully fact- since 2007. If you take the span during tacks feed perfectly into and therefore checked information to the American the Obama administration, there was strengthen ISIS’s recruiting strategy people. That is the foundation for a na- an outflow, not an inflow—the exact of claiming that the United States is at tional dialogue: carefully vetted infor- opposite of the story line the President war with Islam. Video of his speeches mation so that we know when we read is presenting. and public statements, especially it, it is reliable. That is the type of What about those violent crimes Trump’s call for a Muslim ban, has al- news we need more of in this Nation. being committed by undocumented ready been featured in ISIS’s recruit- Mr. Trump’s authoritarian tactics criminals? The data does not support ing tools. In addition, it weakens the aren’t just limited to his war on the the President. In fact, the New York Muslim leaders we are seeking to part- media. His second approach is to at- Times reported that ‘‘several studies, ner with in taking on ISIS. It under- tack and scapegoat immigrants, reli- over many years, have concluded that mines those leaders’ support from their gious minorities, and refugees ever immigrants are less likely to commit own countries in their cooperating since he stood in the lobby of Trump crimes than people born in the United with the United States. Tower and said: States.’’ Between 1980 and 2010, among Trump’s strategy does double damage to American security, and I wish his When Mexico sends its people, they’re not men aged 18 to 49, immigrants were impact against religious minorities sending their best. . . . They’re bringing one-half to one-fifth as likely to be in- stopped there. I wish it stopped long drugs. They’re bringing crime. They’re rap- carcerated as those born in the United before there because it is incompatible ists. States. with the fundamental premise, the fun- Since then President Trump has When you look closer, the attacks on damental values of the United States made it his mission to turn the Amer- immigrants fall apart, as I have point- ican people against Mexican immi- of America, which is religious freedom. ed out, but that is what authoritarian Yet, throughout the course of his cam- grants, to make them the enemy. He leaders do. They create a false enemy, has talked about the ‘‘bad hombres’’ paign, he gave voice time and again to and they use the perception of that the views and opinions of White nation- flooding across our southern border, enemy to generate hate and fear. They stealing our jobs, committing crimes, alists and anti-Semites. He did not di- use that hate and fear to consolidate rectly attack the Jewish community, and murdering American citizens. In power. It is our responsibility as citi- but his White nationalist rhetoric and his mind, the people coming from Mex- zens, as the press in the United States, actions have had the effect of doing it ico are all dangerous, violent cartel and as legislators to resist this author- indirectly. When he needs news or in- members transporting an endless sup- itarian strategy of President Trump. formation, he turns to the White na- ply of drugs across our country in order Another of his strategies is to attack tionalist Breitbart News—a fake news to ruin America. But this storyline is religious minorities in our country and source which has infamously attacked completely at odds with the facts. abroad. Take for instance his pledge on American Jews with stories like ‘‘Bill First, drug cartels do not ship their the campaign trail for a ‘‘total and Kristol: Republican spoiler, renegade products into our country through the complete’’ shutdown on Muslims enter- Jew’’ and another one that attacked backpacks of immigrants. ing the United States. As we know, Mr. Anne Applebaum of the Washington Recently I traveled with a congres- Trump followed up on this approach Post, which read: ‘‘Hell hath no fury sional delegation to the U.S.-Mexico after the election by asking Rudy like a Polish, Jewish, American elitist border to examine this issue. The ex- Giuliani to help fashion a legal Muslim scorned.’’ perts on the border told our delegation ban. But President Trump does not just that drugs come into the United States During a FOX News interview, Mr. tap into the Breitbart White nation- through freight, in trucks, and through Giuliani said: alist themes; he brought the former ex- tunnels—not through backpacks. What Trump called me up. He said, Put a com- ecutive chair of Breitbart, Steve this means is that a proposal to build a mission together. Show me the right way to Bannon, into the White House as his wall, whether it is 20 feet high or 30 do it legally. chief strategist and then appointed him feet high, will be absolutely useless in To attempt to meet constitutional to the Principals Committee of the Na- diminishing the flow of drugs into our muster, Trump aimed his ban at immi- tional Security Council. This indi- country. grants from seven Muslim-majority na- vidual has no business being anywhere I will tell you what else they told us. tions. near the Capital of the United States They said that an end zone defense Rudy Giuliani went on to say in that and certainly not on the Principals does not work against drugs. If you same FOX News interview: Committee of the National Security want to stop the flow of drugs, you What we did was we focused on, instead of Council. Bannon is a man who has not have to work carefully with regard to religion, danger—the areas of the world that only been embraced by White suprema- everything from the moment they are create danger for us, which is a factual basis, cists for his views, but according to being manufactured or shipped into not a religious basis. Perfectly legal, per- testimony from his ex-wife, he has said Mexico until they migrate north. That fectly sensible. And that’s what the ban is he does not want his children going to based on. means you have to work in close co- school with Jewish kids and had once operation with the security agencies of But, as William Banks, the director asked a school administrator why Mexico, with the police, and with the of the Institute for National Security there were so many Hanukkah books in intelligence agencies of Mexico. That and Counterterrorism at Syracuse Uni- the library. cooperation requires a very close co- versity, observed, ‘‘Since 9/11, no one If you think this theme has not had ordination between respected partners, has been killed in this country in a ter- a real effect on our country, you are and disrespecting the partners of Mex- rorist attack by anyone who emigrated wrong. When Donald Trump was elect- ico is the best way to damage the abil- from any of the seven countries.’’ ed, the KKK and other White nation- ity to intercept drugs that are coming The President’s own Department of alist groups celebrated. They felt free into the United States. Homeland Security recently reported to come out of the shadows. They felt We also know that the underlying that citizens from the countries listed bold enough to hold an annual White premise of there being a flood of Mexi- in the Muslim ban are ‘‘rarely impli- nationalist conference right here in can immigrants coming into our coun- cated in U.S.-based terrorism.’’ In fact, Washington, DC, at the Ronald Reagan try is false. A 2015 study from the Pew the report concluded that individuals Building, steps from the White House, Research Center found that between who died in the pursuit of or who were because they finally felt like they had 2009 and 2014, there was a net outflow of convicted of terrorism were far more one of their own in the Oval Office. 140,000 Mexican immigrants from the likely to be U.S.-born citizens than to These nationalist groups are so United States. They were migrating be immigrants. emboldened that we have seen more

VerDate Sep 11 2014 04:13 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.017 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1911 than 100 bomb threats called in to Jew- process would be the worst possible attack the protests of the people of the ish community centers around the way to do it. United States. What was the Presi- country since January. We have wit- As an analysis by the Migration Pol- dent’s response after millions of people nessed the desecration of Jewish icy Institute reminded us in October of in cities all around the country—and headstones in cemeteries in St. Louis 2015, of the 784,000 refugees who have all around the world, for that matter— and in Philadelphia. been resettled in our country since joined the women’s march to stand up Last month the President, speaking September 11, 2001, 3 have been ar- for the fundamental values of peace, to a roomful of State attorneys gen- rested for planning terrorist activities. tolerance, and equality? His response eral, said he condemned these threats. None of them got past the planning was a rebuke and a dismissal. He I applaud him for condemning them. phase, and only one of those three was tweeted: But then he turned around and said: talking about potential attacks here in Watched protests yesterday but was under ‘‘You have to be careful, because the the United States. The others were the impression that we just had an election! reverse could be true.’’ What did he talking about sending money and Why didn’t these people vote? mean by that? Commentators have weapons to al-Qaida. In other words, no Well, President Trump, they did vote, suggested that the President meant by one has been injured by those 784,000 and they all voted overwhelmingly for ‘‘the reverse could be true’’ that the refugees. your opponent, by a 3 million-vote bomb threats, the Swastika graffiti, These are just some of the pieces of margin. and the desecration of Jewish burial the President’s authoritarian strategy We saw similarly disparaging re- sites might actually be the work of to demonize groups, to create hate, to sponses from Republican lawmakers Jewish Americans to generate criti- create fear, and to try to consolidate like the Facebook post from a State cism of President Trump. There is no power. As a result of his activities, we Senator in Mississippi who said: evidence of that, and I certainly do not have seen waves of hate crimes and vio- So a group of unhappy liberal women believe it to be true. What I do believe lence and bigotry sweep across our Na- marched in Washington, D.C. We shouldn’t is that a ‘‘blame the victim’’ tactic is tion. be surprised; almost all liberal women are reprehensible and in itself an anti-Se- Latino and Latina students in our unhappy. mitic strategy. schools and in our classrooms have After countless citizens around the The President has also dedicated a been forced to confront classmates’ country began showing up at townhall significant amount of time to trying to bullying and taunts, chants of ‘‘build meetings to make their voices heard, make the country fear refugees, to de- the wall’’ and ‘‘go back to your coun- what was his response? He dismissed monize refugees. Many of us grew up in try,’’ and graffiti sprayed on walls to these engaged citizens as ‘‘so-called a world in which Lady Liberty’s words ‘‘build the wall higher.’’ angry crowds,’’ and then he tweeted: of ‘‘give us your tired, your poor, your We have heard reports of verbal and ‘‘Professional anarchists, thugs and huddled masses yearning to breathe physical attacks against people of the paid protesters are proving the point of free’’ stirred our hearts because, unless Muslim faith. the millions of people who voted to you are 100 percent Native American, A woman at San Jose University lost make America great again!’’ you are tied in through your parents, her balance and choked when a man at- I have held a lot of townhalls since your grandparents, your great-grand- tempted to rip off her head scarf. January, many of them filled beyond parents, your ancestors. You are tied A Muslim student at the University capacity with regular citizens who are to those who immigrated to the United of Illinois Urbana-Champaign campus deeply distressed by what they are see- States, who came here, often fleeing reported having a knife pulled on her. ing in our country. At one townhall, persecution, often fleeing famine. This A Muslim teacher in Georgia found more than 3,500 people showed up. We Nation gave them a place to stand and left on her desk a note that read that had so many people that the hundreds in which to build a new life and thrive a head scarf is not allowed anymore of folks who couldn’t get in had to and hand down a better, stronger na- and that she should hang herself with stand outside the building in the cold, tion to their children. That is a prop- it. listening. We took a speaker and put it erty of our history. That is a value Within the last 8 weeks, four in the window so those outside could deeply rooted in our hearts. mosques around the country have been hear, and they watched through the The President, instead, has dedicated burned to the ground. windows. his energy to attacking refugees, those, Just recently, a man in Kansas went This is ‘‘we the people’’ government. like our ancestors, who came here, flee- into a bar, hurled ethnic slurs at two This is American citizens saying: Your ing persecution and fleeing famine, es- Indian engineers, and shot them, kill- strategy, President Trump, is not OK. pecially Syrian refugees, who are fleeing one and seriously injuring the Your strategy to divide us into factions ing for their lives in search of a safe other. in America and to pit one faction haven. He has falsely claimed they rep- As I mentioned earlier, since Janu- against another, to demonize groups, resent a ‘‘great Trojan horse’’ that ary, there have been more than 100 to incite hate is just wrong. threatens the safety of Americans. Mr. bomb threats against Jewish commu- I find it truly disheartening to see Trump says these victims of war have nity centers. the President attacking citizens exer- to be subjected to extreme vetting be- Throughout history, we have seen cising their voice, which is often the cause we have no idea who these people this tactic used by an executive here, most basic civic duty. are or where they come from. The fact an executive there, by a dictator here, President Jefferson said there is a is that we do know who they are. We a dictator there, in country after coun- mother principle for our government, know exactly where they come from try, to characterize minority commu- and the mother principle is that the ac- because before they can come here as nities as a threat to be feared in order tions of the government will only re- refugees, they already go through ex- to make the body politic afraid, to flect the will of the people if each and treme vetting. It takes 18 months to 2 make them angry, and to make them every citizen has an equal voice. We years of vetting, on average, before ref- willing to support authoritarian exer- know, in the modern day of campaign ugees are given tickets to come to the cise of power. financing, some citizens and, indeed, United States of America, and if at any What is our job? It is our job to ex- often some noncitizens—that is, mas- point during that 18 to 24 months some- pose this strategy, to call attention to sive rich corporations—have a very thing does not add up, they do not get this strategy, to address the myths loud voice compared to the average cit- the tickets. that are used to instill fear and the izen. So citizens, to compensate, are Now, if ISIS or another terrorist or- falsehoods that are used to instill ha- saying: We are going to show up. We ganization wants to get people who are tred. It is our job to oppose this au- are going to take our time and our en- dangerous into our country, they do thoritarian game plan in every way ergy and we are going to join together not go through an 18- or a 24-month possible. and we are going to send a lot of emails vetting process. No. They come on The third leg of President Trump’s to Capitol Hill, a lot of letters to Cap- tourist visas or student visas or busi- authoritarian attacks are ones that go itol Hill, but we are also going to show ness visas. Going through the refugee against public opposition to him and up in the parks and the streets to

VerDate Sep 11 2014 01:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.018 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1912 CONGRESSIONAL RECORD — SENATE March 22, 2017 march in order to say this strategy, Mr. President, I yield the floor. employers concerning those records. this authoritarian strategy, or this I suggest the absence of a quorum. The ruling limited OSHA’s ability to strategy to take away healthcare from The PRESIDING OFFICER (Mr. SUL- sanction employers to just 6 months of millions of Americans is absolutely un- LIVAN). The clerk will call the roll. the start of the investigation based on acceptable. And the President somehow The bill clerk proceeded to call the the records. Soon after that ruling, is living in a fantasy world where he roll. OSHA and the Obama administration thinks they are paid? I don’t think so. Mr. BLUMENTHAL. Mr. President, I discovered it could not adequately in- I don’t think this last weekend, when ask unanimous consent that the order vestigate employers who provided an 800 people showed up at Redmond, OR, for the quorum call be rescinded. unsafe workplace, making them effec- to my townhall, that a single one of The PRESIDING OFFICER. Without tively immune from some safety laws. them was paid—not a single one. objection, it is so ordered. After going through all the proper When we look across the country and Mr. BLUMENTHAL. Mr. President, I rulemaking, all of the steps that are we see the 7-year-old who wanted to be am here in the midst of a Judiciary necessary to make an administrative at a townhall because he doesn’t want Committee hearing on Supreme Court rule, all the channels and procedures, us to cut funding for PBS in order to nominee Neil Gorsuch, showing, and in the last administration put forward a build a wall, he wasn’t paid, or the a way showcasing, the wonder of Amer- rule that responds to the court decision Muslim immigrant who risked his life ican justice. This hearing will proceed and allows OSHA to review those for our Nation in Afghanistan as a through the balance of the day with records for 5 years. That is essentially military interpreter and now wants to him as our witness, and then into to- how things worked for 40 years. It know ‘‘Who is going to save me here,’’ morrow with others who will comment worked well for 40 years, and it was he wasn’t paid. on his qualifications. simply reinstituted because the court American citizens are using their The showcasing of American justice decision was so crippling to the rule of voice as designed in our ‘‘we the peo- really demonstrates how the rule of law and American justice. That is the ple’’ Constitution, but in the mind of law serves our democracy and how we rule we are discussing today—a return our President and in the words of his strive to appoint the best possible peo- to longstanding policy that existed for adviser, Stephen Miller, his powers are ple—men and women, dedicated public decades under Republican and Demo- very substantial and will not be ques- servants—to the courts of our land to cratic administrations, dating back to tioned, not even by the citizens and assure that the rule of law and Amer- the Presidency of Richard Nixon. voters of this great Nation. ican justice are second to none and as Putting aside the 40 years’ worth of Well, they are being questioned, mas- infallible in protecting individual this rule working well, it does some sively, by citizens raising their voices rights as they can possibly be. very important things. It requires in every possible way. In a sense, I am here to talk about a these large employers in dangerous in- American citizens everywhere are rule that also serves American justice. dustries to keep accurate records of se- deeply disturbed by what they are see- It is a rule put forward by the Occupa- rious work-related injuries and ill- ing unfold in our Nation. They fear we tional Safety and Health Administra- nesses. It has no impact on a huge are headed down a dark and dangerous tion under the last administration. I swath of the economy that is not con- path that will betray the founding am here to oppose H.J. Res. 83, which sidered dangerous. It doesn’t apply to principles of our ‘‘we the people’’ gov- would repeal that rule. The rule is restaurants, offices, and many other ernment, and they have every right to known as the OSHA injury record- workplaces, regardless of the number be anxious and concerned. keeping rule. It sounds very technical, of employees they have; the rule im- There have been allusions made by a obscure, and for most people it is, but pacts just the most dangerous indus- number of experts to Mr. Trump’s ac- there are nearly 3 million serious inju- tries in our economy and companies in tions and the early days of Vladimir ries reported every year at American that industry with more than 10 em- Putin’s regime and especially his re- workplaces. ployees. It essentially prevents them lentless war with the media. All of For over 40 years; that is, four dec- from covering up injuries, maintaining these are reasons citizens are fired up, ades, Federal law has required employ- fraudulent records concerning injuries, raising their voices to oppose the au- ers with 11 or more employees in dan- and willfully violating the law. thoritarian tactics of this administra- gerous professions—poultry slaugh- There are things the rule does not do. tion. tering, meat packing, steel mills, con- It imposes no new costs on employers. While the President seeks to dismiss struction—which see the bulk of these It imposes no new obligations. It sim- the legitimacy of these voices, I stand injuries to keep active records of in- ply returns to a policy that worked here today to praise those Americans jury suffered in those workplaces and well for decades—I repeat, under both for standing up, for taking on their re- others like them that are considered Democratic and Republican adminis- sponsibility as citizens to create a pow- dangerous. trations, accepted by both—and it erful, courageous chorus, a public Having accurate records is common gives certainty to businesses. That is stand against the authoritarian strat- sense for employers who want to know one of the great advantages in an econ- egy of President Trump—his strategy what is going right in their places of omy and society where certainty for of attacking the media, his strategy of work and what is going wrong and how our job creators is very valuable. attacking immigrants, his strategy of they can prevent workers from being Repealing this rule would lead to attacking refugees, and his strategy of hurt on the job because they don’t more dangerous workplaces and give attacking religious minorities. want anybody hurt. Responsible em- unsafe companies an upper hand in A friend sent me a message the other ployers want safe workplaces. It is competition. It would unlevel the play- day saying: really that simple. We all know inju- ing field between the good guys and the I’m more devastated daily. I can’t believe ries are bad for business and they cost bad guys in those industries. This rule the Republicans are not stopping this, saying time and money. would essentially eliminate require- something. How can this be happening? With those records, OSHA can also ments that employers keep proper Don’t the Republicans see what’s happening? investigate companies and work to records, as they know OSHA can do I weep for my kids. make them safer and ensure they com- nothing to investigate. Repeal of the Millions of Americans across the ply with the law. In essence, they can rule amounts to the Federal Govern- country are feeling those same fears. It look at the outliers—who are ment siding with the companies that is up to all of us here, imbued with the lawbreakers, who cares less about safe- see injuries on the job but in effect awesome responsibility to speak for ty than profits—but also maybe em- sweep them under the rug. Repeal pro- and represent the people of this Nation, ployers who don’t do as much as they motes companies to keep false to stand up against advancing could or would if they were better in- records—if they keep records at all— authoritarianism. It is right for us to formed. limiting enforcement and punishment fight for a free, open democratic repub- A misguided court ruling in 2012, of anyone who keeps two sets of books, lic, with a ‘‘government of the people, after 40 years of the law prevailing, which few would do. Repeal of this rule by the people, for the people.’’ curtailed OSHA’s ability to sanction undermines companies that keep safe

VerDate Sep 11 2014 01:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.020 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1913 workplace records and are in competi- back at least 5 years. If an employer proposes to do. I think it is safe to say tion with companies that are cutting failed to do either, they could be cited that Exel’s new corporate-wide pro- corners. This has implications for tax- and penalized. OSHA’s rule issued last gram that added protections for 40,000 payers. Many procurement processes December simply maintains this long- workers in 500 facilities nationwide seek information about companies’ standing practice. would not have been implemented ei- safety records, giving a leg up to the This resolution aims to change that ther. safer company, as should be the case. record keeping requirement, or Efforts to repeal the OSHA reporting That is in taxpayers’ interests. Repeal lookback period, from 5 years to 6 rule and 45 years of OSHA enforcement of the rule would take away this incen- months. So if an unscrupulous em- precedent, without even a hearing or tive to protect employees. ployer fails to report a worker injury vigorous debate, is reckless and runs Repealing this rule is bad for tax- or illness and OSHA doesn’t discover contrary to any proworker vision. The payers, is bad for Federal policy, par- the underreporting and cite the em- change in longstanding OSHA prece- ticularly in those areas where the Fed- ployer in the first 6 months after the dent was prompted by a DC Circuit eral Government is a purchaser and a incident occurred, the employer is able Court ruling in the 2012 Volks Con- consumer, because it deserves to to get away with it and the data used structors v. Secretary of Labor case. know—and so do we all—which ones to identify dangerous industries or After that decision, OSHA revised its are the safe employers. worksites is lost. recordkeeping regulation to conform Former Obama and Bush administra- Accurate injury and illness records with guidance provided in a concurring tion officials oppose repeal of this rule. are critical for the protection of work- opinion. If there is a legal disagree- Dozens of health and safety groups ers and for OSHA to direct the most ef- ment regarding the authority of OSHA warn against the spike in injuries that ficient use of their limited resources, to cite employers for continuing viola- repeal may encourage in work-related and the more data they have, the bet- tions, we should let the legal process injuries and illnesses. Labor organiza- ter. With their current resources, conclude before any congressional or tions representing millions of workers OSHA is only able to inspect a work- legislative action is taken. nationwide and many Fortune 500 com- place, on average, once every 140 years. The OSHA reporting rule is a fair oc- panies oppose this resolution and sup- That is clearly not sufficient, espe- cupational safety standard, and that is port the rule. Health and safety groups, cially when over 4,800 workers were why every administration in the last 45 labor organizations, Fortune 500 com- killed in 2015 and almost 3 million years, Democratic and Republican, has panies, and officials from the past two more suffered a serious workplace in- enforced the requirement this rule administrations all support the rule jury or illnesses. The OSHA reporting clarifies. and oppose this resolution. It is truly rule is critical for OSHA to conduct a Opponents of the OSHA reporting bipartisan. thorough investigation, enforce accu- rule and supporters of this CRA resolu- I urge my colleagues to unite across rate recordkeeping requirements, and tion claim that the OSHA rule would the aisle and resist the false and unfor- focus limited resources on industries extend the statute of limitations on tunate arguments that are made in and bad actors that pose the greatest recordkeeping paperwork violations favor of this resolution. I urge col- risk to worker safety. and that this CRA resolution is nec- Take, for instance, the Exel Corpora- leagues to join me in opposing it be- essary to protect jobs, eliminate bur- tion, a Pennsylvania warehouse and cause it will endanger workers in the densome regulations and protect small trucking company, which hired hun- most hazardous places in the work- business. None of that is accurate. place and the country. dreds of foreign students on temporary The OSHA reporting rule does not Mr. President, I yield the floor. visas, and was cited for numerous unre- kill jobs; it creates no new employer Mr. FRANKEN. Mr. President, I rise corded injuries after some students obligations that are different from today in opposition to a resolution were seriously injured on the job. Only what they were required to uphold for that will roll back nearly 45 years of after students fought for fair pay and nearly 45 years. And the rule does not OSHA workplace safety enforcement safer working conditions and OSHA cover small businesses. precedents. We would be reversing a was able to conduct an investigation precedent that helps ensure every was it revealed that, for years, the What the rule does do is save employ- American worker heads homes safely company had withheld wages and will- ers from killing and maiming workers. at the end of their shift. fully failed to record about half the se- It gives OSHA the tools it needs to This resolution is an effort by my Re- rious injuries to student workers as identify dangerous industries, reckless publican colleagues to overturn a rule well as other serious health and safety employers, as well as punish those who issued by OSHA on December 16, 2016, violations. break the law at the expense of worker entitled, ‘‘Clarification of Employer’s By the time DOL had completed their health and safety and businessowners Continuing Obligation to Make and lengthy investigation, the Wage and who obey the law. Maintain an Accurate Record of Each Hour division recovered over $200,000 in No law-abiding business, which val- Recordable Injury and Illness.’’ As the wages withheld from 1,028 foreign stu- ues the safety of its workers and the title says, this rule provides employers dent workers. OSHA cited the company information used to make the work- with clarification on the requirements for dozens of unrecorded injuries, all of place even safer, should be at a com- to timely report and record workplace which occurred over the 6-month pe- petitive disadvantage facing a compet- injury and illnesses. This rule adds no riod before OSHA issued the violations, itor that underreports injuries and cuts new employer requirements that differ and a penalty of $283,000. About two- corners at the expense of workers’ safe- from 45 years of policy. The rule sup- thirds of the $283,000 penalty was for ty. ports a practice that law-abiding busi- unrecorded violations that occurred The safety of the American worker nesses comply with and have operated outside the 6-month statute of limita- and a level playing field for law abiding under since passage of the Occupa- tions window this CRA is proposing to employers should not be a partisan tional Safety and Health Act of 1970. codify. issue. I encourage my colleagues on Passing this resolution and repealing In response, the Exel Corporation ac- both sides of the aisle to join me, work- this rule only creates a safe harbor for cepted all the penalties, agreed to pay ing Americans, and the millions of law- businesses that have broken the law in half the total fine, and instituted a new abiding businesses that strive to create the last 5 years or don’t intend to fol- corporate-wide program to fix their a safe workplace and oppose this reso- low longstanding rules created to pro- recordkeeping practices which added lution. Vote no on H.J. Res. 83. tect the safety and health of workers. safety protections for roughly 40,000 Mr. VAN HOLLEN. Mr. President, For nearly the last 45 years, OSHA workers at over 500 facilities nation- last year, the Occupational Safety and has required employers, with the ex- wide. Health Administration clarified em- ception of small employers, to timely None of those violations and the as- ployers’ continuing duty to keep report workplace injury and illnesses sociated fine would have been allowed records of work-related injuries and ill- to the Department of Labor and main- if a narrower 6-month statute of limi- nesses. Today the congressional major- tain a record of such incidents going tations was in place as this resolution ity is using the Congressional Review

VerDate Sep 11 2014 01:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.022 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1914 CONGRESSIONAL RECORD — SENATE March 22, 2017 Act to both repeal this rule and pre- Injury and illness records give OSHA keeping requirements and assure that vent OSHA from doing anything simi- an important source of information for injury and illness records are complete lar. I support the rule and oppose the smart enforcement. The records allow and accurate. In the absence of enforce- resolution to repeal it. OSHA to focus its inspection on the ment, there is no question that the In 1970, Congress found that work- hazards that the data reveal. The underreporting of injuries, already a place injuries and illnesses result in records allow OSHA to help identify widespread problem, will get much lost production, lost wages, medical ex- the most dangerous types of worksites worse, undermining safety and health penses, and disability compensation and the most common safety and and putting workers in danger.’’ payments. In response, Congress en- health hazards. And as National Nurses United wrote: acted the Occupational Safety and As the American Public Health Asso- ‘‘By revoking OSHA’s authority to en- Health Act of 1970 to ensure that em- ciation wrote: ‘‘Public health profes- force recordkeeping requirements, this ployers provide workers with safe and sionals understand the critical impor- Congressional Review Act (CRA) reso- healthful workplaces. tance of accurate information to help lution denudes the agency of the tools To carry out the law, Congress di- identify hazards in order to develop necessary to identify and target pat- rected the Secretary of Labor to issue and implement better health and safe- terns of workplace hazards.... The regulations requiring employers to ty protections. One important source elimination of OSHA’s ability to en- make and maintain accurate records of of that information is the records some force rules on workplace safety records work-related injuries and illnesses. In employers are required to keep on allows—and even incentivizes—employ- the legislative history of the law, the work-related injuries and illnesses. ers to obscure ongoing workplace haz- House Committee on Education and These records are invaluable for em- ards.’’ Labor found that State reporting re- ployers, workers and OSHA to monitor Good decisionmaking relies on good quirements varied widely and con- the cause and trends of injuries and ill- information. OSHA’s regulation helps cluded that Congress had an ‘‘evident nesses. Such data is essential for deter- to ensure that employers keep good Federal responsibility’’ to provide for mining appropriate interventions to records. The pending resolution to re- ‘‘accurate, uniform reporting stand- prevent other workers from experi- peal that rule goes in the wrong direc- ards.’’ The report of the Senate Com- encing the same harm.’’ tion, and thus I oppose the resolution mittee on Labor and Public Welfare In 2012, in the case of AKM LLC and urge my colleagues to vote against found that ‘‘full and accurate informa- doing business as Volks Constructors v. it. tion is a fundamental precondition for Secretary of Labor, the U.S. Court of Mr. BLUMENTHAL. I suggest the ab- meaningful administration of an occu- Appeals for the District of Columbia sence of a quorum. pational safety and health program.’’ Circuit held that the law does not per- The PRESIDING OFFICER. The In 1971, OSHA issued its first record- mit OSHA to impose a recordkeeping clerk will call the roll. keeping regulations. OSHA revised obligation on employers that continues The legislative clerk proceeded to these regulations in 2001 to make the beyond the expiration of the law’s 6- call the roll. recordkeeping system easier to use. month statute of limitations. While Mrs. MURRAY. Mr. President, I ask OSHA’s recordkeeping regulations re- OSHA disagreed with the court’s rul- unanimous consent that the order for quire employers to keep records of cer- ing, it agreed that its recordkeeping the quorum call be rescinded. tain injuries and illnesses in the work- regulations needed clarification. So The ACTING PRESIDENT pro tem- place and to make that information OSHA issued its rule amending its rec- pore. Without objection, it is so or- available to employees, OSHA, and the ordkeeping regulations to clarify that dered. Bureau of Labor Statistics. Employers the duty to make and maintain accu- Mrs. MURRAY. Mr. President, when must record work-related injuries and rate records of work-related injuries President Trump was running for of- illnesses resulting in death, loss of con- and illnesses is an ongoing obligation. fice, he made a lot of promises to the sciousness, days away from work, re- OSHA made clear that the duty to American people. He promised the mid- stricted work activity or job transfer, record an injury or illness continues, dle class he would stand up for them. medical treatment beyond first aid, or as long as the employer is required to He promised workers he would bring a diagnosis of a significant injury or keep records of the recordable injury or good jobs back to their communities, illness by a doctor or other healthcare illness and does not expire just because and he promised to drain the swamp of professional. the employer failed to create the nec- corporate lobbyists that muck up our Accurate injury and illness records essary records when it was first re- democracy with dysfunction. give employers information that they quired to do so. Well, we are just over 2 months into need. The records make employers The new rule adds no new compliance this Presidency, and all we have seen more aware of the kinds of injuries and obligations. It does not require employ- from this administration is a series of illnesses that occur and the hazards ers to make records of any injuries or broken promises, whether it is Cabinet that contribute to them. That allows illnesses for which records are not cur- picks who are billionaires, Wall Street employers to identify and correct haz- rently required to be made. bankers, and corporate CEOs; or his ardous workplace conditions. Injury The rule clarifies that, if an em- plan to jam through a healthcare bill and illness records thus help employers ployer fails to record an injury or ill- that the President himself admits will to manage workplace safety and health ness within 7 days, the obligation to hurt middle- and working-class fami- more effectively. record continues on past the 7th day. If lies; or his proposed budget, which guts Similarly, injury and illness records the employer records the injury on everything from job-training programs give workers information that they can some later day, the violation ceases at to assistance for low-income families use. Workers who are aware of the haz- that point, and OSHA would need to who pay their heating bills, to meals ards around them are more likely to issue any citation within 6 months of on wheels, which provides hot meals to follow safe work practices and to re- the cessation of the violation. low-income grandparents. It is clear port workplace hazards. That contrib- Every Presidential administration President Trump is standing with his utes to the overall level of safety and since 1972 has supported OSHA’s inter- billionaire and corporate lobbyist health in the workplace. pretation of the law. friends at the expense of the people he As the UAW said in its letter oppos- Repealing the rule would lessen promised to stand up and fight for. ing the resolution to disapprove of the OSHA’s enforcement ability. It would While we have made many improve- rule: ‘‘Accurate injury and illness allow employers to get away with sys- ments in our economy in the last 8 records are critically important for tematic underreporting of injuries over years, we have a lot of work left to do. workers and their families. Having the many years, and it would decrease Too many people in our country today necessary tools to collect complete and worker safety. are working multiple jobs trying to accurate data on work-related injuries As the AFL-CIO wrote in its letter support their families and pay their and illnesses is a key component in re- opposing the resolution: ‘‘Without the bills, and they are still struggling to ducing, mitigating, and eliminating new rule, it will be impossible for make ends meet. That is what we hazards and deaths in the workplace.’’ OSHA to effectively enforce record- should be talking about today on the

VerDate Sep 11 2014 01:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MR6.003 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1915 Senate floor—how to build an economy This goes against everything Presi- want to see that. We could all learn that works for everyone. We should be dent Trump promised to middle- and from it. working together to make sure that working-class families on the cam- That would be good for our country, people are making a decent wage to paign trail. He promised to stand up for it would be good for the judiciary, and support their families, that corpora- them, to bring back good, respectable I think it would be good for America’s tions aren’t getting rich at the expense jobs to their communities. Instead, he standing in the world. We are in a vast of their workers, and that hard-work- wants to allow his billionaire corporate minority of countries in the world ing people aren’t risking their lives in friends to take advantage of workers when it comes to having an inde- dangerous conditions at work. and threaten their safety, and, unfortu- pendent judiciary, and that is essential Instead, what we are doing today is nately, it appears my Republican col- to our form of government and to who that my Republican colleagues, with leagues are now onboard. we are as Americans. the backing of President Trump, are Instead of doing President Trump’s The country has learned a lot about trying to roll back a rule that protects bidding, I urge my Republican col- Judge Gorsuch in the last few days. His workers and prevents work-related leagues to do what President Trump career has been marked by a dedication deaths and injuries. This rule allows promised and start putting workers to the law. In his decade on the bench the Occupational Safety and Health first by abandoning this deeply harm- interpreting the law, he has developed Administration, or OSHA—an agency ful effort. quite a record. As a matter of fact, he whose sole purpose is to keep workers I yield the floor. said that he had decided to participate safe on the job—to accurately monitor I suggest the absence of a quorum. in the decision of about 2,700 cases, and and prevent workplace injuries and fa- The ACTING PRESIDENT pro tem- he has been reversed once. I find that talities in our Nation’s most dangerous pore. The clerk will call the roll. remarkable. It is really almost hard to industries. The legislative clerk proceeded to believe. He is clearly no extremist. Dangerous businesses have been recall the roll. Some of our Democratic colleagues cording serious workplace injuries and Mr. CORNYN. Mr. President, I ask try to argue that he is not for the little deaths for more than four decades, and unanimous consent that the order for guy but, as he so ably points out, he is this rule simply affirms the policy en- the quorum call be rescinded. for whoever the facts and the law say shrined in the OSHA law itself of 1970 The ACTING PRESIDENT pro tem- should win in a case. He doesn’t view it that these records have to be accu- pore. Without objection, it is so or- as his role to put his thumb on the rate—a precedent of keeping workers dered. scales of justice and to predetermine a safe and monitoring dangerous work- NOMINATION OF NEIL GORSUCH case or the outcome before the facts places. Mr. CORNYN. Mr. President, this and the law have been applied. In After a recent court case put this im- week the Judiciary Committee has short, he is not a politician. It would portant safety practice at risk, OSHA been considering the nomination of be totally inappropriate for a judge, issued this rule to clarify their record- Judge Neil Gorsuch to fill the vacancy given the fact that they are given life- keeping practices. This rule is not new. on the Supreme Court left by the death time tenure and they don’t have to It does not impose added obligations or of the late Justice Antonin Scalia. stand for election in front of the peo- costs on employers, and it was actually I think it has been a remarkable op- ple—it would be entirely inappropriate suggested by the court in its decision. portunity for the country—indeed, the for the judge to say: If I am confirmed, And it does not cover small businesses world—to see not only somebody who I will rule on this contentious issue with 10 employees or fewer. is obviously very intelligent but very this way or that way. That is not what We should be trying to make work- articulate and very committed to the judges do. That is what politicians do. places safer, but in rolling back this basic principles that created this coun- That is why, when we stand for elec- rule, President Trump and my Repub- try, which were shaped in the frame- tion, we go out and campaign and we lican colleagues are doing exactly the work of the Constitution. tell people: This is what I believe in, opposite. This is not something we Sometimes people forget that judges and if you elect me, this is what I am should be playing politics with. With- aren’t legislators and legislators aren’t going to do when I am elected into of- out this rule—if it is overturned today judges and that we do have separate re- fice. That is entirely appropriate for by the Senate Republicans—some of sponsibilities. Indeed, the separation of members of the legislative and execu- the most dangerous industries will powers between the President and the tive branch because if the American then be able to hide worker injuries legislature and the judiciary is very people don’t like what we are doing, and keep falsified records of injuries important and for a good reason. they can fire us in the next election or, and workplace deaths, and it will make Judge Gorsuch has done a tremen- conversely and hopefully, if they like it more difficult for OSHA to punish dous job for the last 2 days handling what we are doing, they will return us low-road companies that are putting questions from both sides of the aisle to office. their workers’ lives in danger. with humility and with clarity. So as the judge pointed out, he said Every year, more than 4,800 workers I told him that I had hoped he would that judges actually would make ‘‘rot- are killed on the job in America, and 3 consider Chairman GRASSLEY’s pro- ten legislators,’’ those are his words, million more suffer serious injuries and posal that we have a camera in the Su- not mine, because their job isn’t to illnesses. We have found that it is often preme Court courtroom. write the laws, it is to interpret them. the same companies that are repeat of- Years ago, when I was on the Texas They don’t stand for election. They are fenders. Without this rule, OSHA can- Supreme Court, we decided to have a not in intimate contact with the con- not sanction employers for keeping single camera—which nobody, really, stituencies we all represent. Impor- fraudulent injury records for multiple frankly noticed—in order to document tantly, as I said at the outset, he did years before OSHA walks in the door to and record the proceedings in the Su- affirm his strong support of the separa- conduct an inspection. preme Court of Texas. It didn’t turn tion of powers. Again, I think it is real- So many people in this country get into a sideshow. It wasn’t the O.J. ly important for everyone to acknowl- up every day and go to work at tough, Simpson trial. People didn’t misbehave edge the different roles performed by dangerous jobs to support their fami- because they were on camera. But it different actors in our form of govern- lies and drive the economy. Those was a great opportunity for people to ment. Legislators play one role, execu- workers deserve to be able to trust see their government and their elected tive officers, the Presidents, and Gov- that their employer isn’t knowingly officials in action. ernors in our State system play an- putting their life at risk. Without this Given the performance of Judge other role, and then the judiciary plays rule, corporations and dangerous indus- Gorsuch over the last couple of days an entirely different, important but tries can take advantage of their work- and the benefits that accrue to the limited, role in our government. ers, and OSHA will not have the tools country as a result of learning more One of our colleagues was com- it needs to stop it. We should not over- about his qualifications, his tempera- plaining about the judge’s decision in a turn this rule. If we do, recordkeeping ment, and his principles when it comes case and that the so-called little guy will become elective. to judging, I hope more people will lost in the case. Well, the judge said,

VerDate Sep 11 2014 01:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.024 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1916 CONGRESSIONAL RECORD — SENATE March 22, 2017 while he didn’t necessarily like the might come before the Supreme Court. Member of the Senate opposed his con- outcome, he felt bound by the facts and If you can imagine this, how would you firmation, and the truth is, nothing has the law that Congress had actually feel if in a case before a court, the really changed since then. So you passed to render a judgment as he did judge had already made a commitment would think that if some of our col- in that case. I pointed out, were it oth- to the outcome and you ended up on leagues across the aisle thought he was erwise—were the judge untethered to the short end of the stick? You good enough to be confirmed as a cir- any sort of deference to precedent, that wouldn’t feel that was justice at all. cuit judge to the Tenth Circuit Court he would basically be a loose cannon You wouldn’t feel that was fair at all. of Appeals, that they could have some- and making political decisions or de- That is what the judge was doing in de- thing they could point to if they were ciding what the outcome would be be- clining to head down that path to pre- inclined to vote no, something that fore he worked through the facts and judge cases. In doing so, he followed happened within the intervening 10 laws to determine what the appropriate the example of a number of previous years, but I have to tell you, there is outcomes should be. I pointed out, and nominees, people such as Justice Gins- not much there for them, if anything. the judge confirmed, that if in inter- burg and Justice Kagan, both nomi- In fact, his opinions have rarely elic- preting a statute, which the court did nated by Democratic Presidents. Know- ited dissent, and he has a rare record of in that case, if Congress doesn’t like ing he can’t answer, our colleagues reversal which I think is remarkable. the outcome, then it is within have claimed they have no clue how In truth, he is a great jurist, and that Congress’s power to change the law, to Judge Gorsuch would perform his job is clear by the evolving reasons coming change the statute which would man- and have used that as a pretext to op- from our friends on the other side of date a different outcome in a future pose someone who is eminently quali- the aisle as to why they had some con- case. fied, but Judge Gorsuch has given them cern. First, we heard some Senate He pointed out, appropriately, that all they need. They have all the infor- Democrats would fight a nominee who the role of the judiciary is for neutral mation they need in order to make an isn’t in the mainstream. Well, Judge and independent judges to apply the informed decision. He pledged to hear Gorsuch passed that test with flying law in the people’s disputes. So he is all sides of the case, to look at the colors so they moved on. Next, they aware of the limits and the important merits, based on the law in question, said they would oppose him because of role of the judiciary in our form of gov- and then and only then to come up his refusal to answer questions about ernment. He also made clear his judi- with an unbiased and fair, impartial issues that would come before the cial philosophy is based on nothing decision. Court. As I said, not only do the ethics more and nothing less than a faithful Can he do it? Well, the best evidence rules prohibit him from doing that, but interpretation of the text of our Con- of ‘‘can he do it’’ is ‘‘has he done it’’ the tradition set by Justices Ginsburg stitution and laws. Now, sometimes and the answer to that is yes. He has a and Kagan rightfully dictated that he you hear people talking about, well, we decade of time on the bench, with hun- refuse to do so during the hearing. Now have a living Constitution. To me, that dreds of decisions, filled with millions we hear from our Democratic col- suggests there is something wrong with of words, done in exactly the way he leagues that his vote must be delayed applying the text of our existing Con- said he would do, to decide cases, based because of an ongoing FBI investiga- stitution, which was passed through on the merits, in an unbiased and inde- tion that is completely unrelated to constitutional amendment or origi- pendent fashion. him. I think that is just an indication nally when the Constitution was rati- So we have his record to judge him of how desperate they are to come up fied by the States. by, and his record is impeccable, which with a reason, any reason, to oppose It kind of raises an interesting ques- is the reason some of the critics have this judge’s confirmation. tion. If a judge isn’t bound by the text to go down this path of asking him hy- Watching Judge Gorsuch this week, of the Constitution or of a statute, pothetical questions he can’t ethically it is clear our Democratic friends are what can he use? Does he use his own answer or otherwise claiming to be in finding it hard to come up with a rea- value judgments? Does he use his own the dark about his qualifications, tem- son to oppose his nomination. Indeed, policy preferences? Does he use his po- perament, and philosophy of judging. they are struggling to do so, and they litical agenda in order to do his or her It should come as no surprise that are desperate for an excuse to oppose job? Obviously, I hope we would all lawyers and academics and judges all him, but they are not going to find a agree that would be inappropriate. across the political spectrum have spo- good excuse or a good reason. Judge Gorsuch has also talked about ken out in favor of the confirmation of I hope our colleagues will help us the role of judicial courage, meaning Judge Gorsuch, agreeing that he is an confirm this good man, this good judge following the law and the facts wher- independent jurist, with integrity and for this office. I know our politics, ever they may lead, even though the the right temperament, intellect, and when it comes to judicial confirmation, judge, as a personal matter, may not experience to serve on the Supreme have become very contentious, but it agree with that or that may not be his Court. wasn’t always that way. Back when personal preference. I know it sounds He was introduced to the committee President Clinton was in office, before hard for those of us living in a political by both of his home State Senators, President Bush 43, judges were con- world, but actually judges do every day the junior Senator, a Republican, and firmed routinely by an up-or-down vote put their personal policy preferences the senior Senator, a Democrat, who of the majority of the U.S. Senate. In- aside and decide cases on the facts and called Judge Gorsuch a man with ‘‘a deed, Justice Scalia, whose seat will be the law. I believe it would be wrong of distinguished record of public service’’ filled by Judge Gorsuch, was confirmed them and I believe a violation of their and ‘‘outstanding integrity and intel- overwhelmingly. I think it was by 97 oath of office for them to do otherwise. lect.’’ I couldn’t agree more. votes, if I am not mistaken. Justice What happens when there is a nominee Neal Katyal, a Solicitor General Ginsberg, somebody from the opposite like this who is so outstanding, so ar- under President Obama, also spoke end of the ideological spectrum, was ticulate, and so principled? Some of glowingly of Judge Gorsuch and pro- confirmed with 96 votes or thereabouts. our colleagues across the aisle said: We vided a strong endorsement of his So I hope it is a time we can get back are going to ask him some hypo- qualifications to serve on the bench. He to the traditions of the past, which thetical questions. We are going to was one of the first on the other side of means not filibustering mainstream smoke him out and see if he will take the aisle to urge the Senate confirma- nominees, as some of our colleagues the bait and prejudge some of these tion of Judge Gorsuch, citing his inde- across the aisle have threatened to do cases on controversial areas that will pendence, his integrity, and his superb even before the hearing began. come before his Court or some other qualifications. The bipartisan recogni- I would ask them this. If you can’t court. The judge—and I would expect tion of Judge Gorsuch’s fitness for this vote for somebody like Judge Gorsuch, nothing less—said it would compromise high office is nothing new because a you are not going to be able to vote for the independence of the judiciary and decade ago, 10 years ago, he was con- any nominee from a Republican Presi- would be unethical for him to prejudge firmed by the U.S. Senate by voice dent because there simply isn’t any- the outcome of some future case that vote, essentially unanimously. Not one body better qualified by virtue of his

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.026 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1917 experience, his education, his training, lentless criticism—that the Affordable in their fifties and sixties say: Let me and his temperament for this job. I Care Act was rammed through the tell you the problem with the Amer- hope they will reconsider. process, that it was passed without ican healthcare system. I am paying I am happy to support his confirma- Members’ knowing what was in it, that way too little. I need to be paying—if I tion and urge all my colleagues to do it was shoved down the throats of the could be paying $13,000 more, that so as well. If they can’t vote for his American people. Well, imagine our would scratch me where I itch. confirmation, at least allow us to have surprise when the replacement to the Nobody says that the problem with an up-or-down vote, without setting Affordable Care Act is being pushed the healthcare system today is that the bar at 60 votes, but making it a through at absolutely light speed com- costs are too low. It is the opposite. majority vote in the U.S. Senate, pared to the passage of the Affordable Costs are too high. Yet the first prong which has been the tradition in this Care Act. of TrumpCare: higher costs. That is not body for many, many, many years, ex- So we look at what happened when me saying it; that is CBO saying it. cepting the last 8 years during the the Affordable Care Act was passed, I will give my colleagues the excep- George W. Bush administration. and the HELP Committee that I sit on, tion to this because let’s lay all of our Mr. President, I yield the floor. the Finance Committee in the Senate, cards out on the table. CBO does say I suggest the absence of a quorum. the Energy and Commerce Committee, that if you are young, healthy, and rel- The PRESIDING OFFICER (Mr. and the Ways and Means Committee atively affluent, you might get a lower TOOMEY). The clerk will call the roll. held dozens of hearings—dozens of com- rate. Let’s be honest about that. So if The senior assistant legislative clerk mittee meetings. The Health, Edu- you are young, healthy, and you are af- proceeded to call the roll. cation, Labor, and Pensions Committee fluent, you might get a lower rate. But Mr. MURPHY. Mr. President, I ask in the Senate alone debated hundreds that is a sliver of the population com- unanimous consent that the order for of amendments and accepted 130 Re- pared to all of the people who are going the quorum call be rescinded. publican amendments to the Affordable to be paying higher rates, especially The PRESIDING OFFICER. Without Care Act. older people and especially low-income objection, it is so ordered. This time around, the HELP Com- people, because the subsidies don’t TRUMPCARE mittee isn’t even going to have a meet- change if your income goes up, and be- Mr. MURPHY. Mr. President, the ing on the replacement. The commit- cause of the discrimination made legal House is still on schedule to vote to- tees in the Senate aren’t going to have in this bill, older people have to pay morrow on a reform of one-sixth of the anything to do with this bill. The sub- more. American economy that the American stitute language that Speaker RYAN So, basically, another way to think public has not seen. This is, frankly, has filed likely will not even get a CBO about this in terms of how costs are unprecedented—this rush job, this at- analysis before it is jammed through going up is the more you need tempt to jam through a massive re- the House tomorrow. Why is that? Be- healthcare, the less help you get. If you write of the American healthcare sys- cause Republicans are so fearful that are low-income and you are older, you tem, intentionally done so fast that the American public will have the time get less help. If you are younger and the American public cannot keep up to take a look at this and realize what higher income, comparatively, you get with what is a truly disastrous piece of it is. more help from this bill. Again, that is legislation. It is a train wreck. It is a I don’t often say that Bill Kristol is not attacking a problem that I hear dumpster fire. I cannot come up with right, but he is right when he says that about very often. People who need enough words to describe how bad this this bill doesn’t lower costs, it doesn’t more help tend to need more help. legislation is going to be for the Amer- improve insurance, increase liberty, or Here is the second chart. All of this ican public. make healthcare better, so what is the is done in order to give a big tax cut. Bill Kristol, who is an icon of the point? So here is the amount of tax cuts in conservative movement and who has Here are three really simple ways to this bill for people making $10,000; here been arguing for the repeal and re- understand this bill. This bill is all is the amount for people making $20,000 placement of the Affordable Care Act about higher costs for consumers, all to $30,000; here is the amount of the tax since it was passed, tweeted out this: about less care for Americans, all in cut one gets if you are at $50,000 to This healthcare bill does not, A, lower order to finance tax cuts for the rich. $60,000. We see a trend line. It is about costs; B, improve insurance; C, increase lib- These are the three prongs of the same amount if you are making erty; D, make healthcare better. So what is TrumpCare: higher costs, less care, and $10,000 up to about $200,000. The amount the point? tax cuts for the rich. You don’t have to of tax cut you get from this bill in that Frankly, many Americans, many spend a lot of time deep inside this bill range is zero. But if you are making healthcare professionals, and many to figure out what it is all about. $200,000 or more, well, here is where the consumers are asking the same ques- So costs go up, CBO says 15 to 20 per- money is, up to the point where people tion: What problem does this bill solve? cent, just in the first couple of years who are making the highest incomes in Whatever you want to call it—the for a number of reasons, but primary this country get over $1 million in tax American Health Care Act, TrumpCare, amongst them is the fact that the help cuts. RyanCare—what problem does this bill that you are going to get to afford in- It repeals some tax provisions in the solve other than a political problem? surance just dramatically decreases. Affordable Care Act that were used to Clearly, Republicans have a political For low-income Americans, here it is: finance the subsidies, but all of those problem. They have promised, for the You get $1,200 less if you are 27, you get tax provisions affect the very top in- last 6 years, to repeal the Affordable $1,100 less if you are 40, and if you are come level earners. So there is a tax Care Act. Now they have control of the 60, you get really hosed. If you are 60, cut in this bill, but it gives you zero if White House, the House, and the Sen- good luck affording insurance. Your you make less than $200,000 a year. It ate, and they feel pressured to make subsidy goes down by $5,800. It gets gives you a lot if you are making more good on that promise. even worse than that because this bill than $200,000 a year. It does solve a political problem for allows for the insurance companies to Here is the last chart: less care. Here the Republicans. The passage of this discriminate against older Americans is what CBO says will happen if the Af- bill in the House or the Senate would by jacking up the ratios that you can fordable Care Act remains. This is a allow my Republican friends to say: We charge older Americans versus younger really important line to look at here told you we were going to repeal the Americans from 3 to 1 to 5 to 1, so the because part of the narrative, part of Affordable Care Act, and—doggone it— average low-income, sixtyish-year-old the explanation for this piece of legis- we did it. But it does not solve any in this country will be paying about lation is that, in PAUL RYAN’s words, other problem in the American $15,000 more out of pocket for ObamaCare is in a ‘‘death spiral,’’ and healthcare system. It makes the exist- healthcare. Donald Trump says it is ‘‘collapsing.’’ ing, remaining problems even worse. What problem does that solve? Talk- The Congressional Budget Office— The Republicans know this because, for ing to people in Connecticut, I didn’t which is run by a man who was hand- 6 years, we have heard criticism—re- hear a lot of my constituents who are picked by the Republican caucus in the

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.027 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1918 CONGRESSIONAL RECORD — SENATE March 22, 2017 House—the Congressional Budget Of- in the private marketplace. CBO says ance, and it kicks a lot of people off fice says: No, actually, it is not col- people who have private insurance will healthcare. lapsing; it is not in a death spiral. If we lose it because of this bill, either be- My final thought is this: I know this do nothing and allow the Affordable cause their cost-sharing goes up and issue of healthcare has become prob- Care Act to remain—yes, over 10 years, they can’t afford it or because their ably the most partisan, in part because the number of people without insur- employer might not offer it any longer. there are some real important philo- ance will go up by a little bit, up to 28 But a lot of this is in the Medicaid pop- sophical questions at the heart of this million, but the death spiral happens if ulation, and you have to make a deci- debate. I don’t apologize for the fact you pass TrumpCare. There is a death sion. The Medicaid population is, by that I do believe that healthcare spiral coming into the American and large, poor people, disabled people, should be looked at as a human right. healthcare system. There is a humani- elderly Americans, a lot of children, a I really think that in this country, we tarian catastrophe that is about to hit lot of kids. The Members are going to give you access to education; we should us, but it only happens if you choose to have to make a decision about whether give you access to healthcare as well. pass this piece of legislation that is their conscience will be OK with 24 mil- You are living in the most powerful, pending before the House of Represent- lion. Most of them are pretty sick and most affluent country in the world. atives today. disabled and pretty young—if you are You probably shouldn’t die because you Now, I hear this legislation can’t OK with that many people losing cov- are not rich enough to afford access to pass the U.S. Senate because my Re- erage. a doctor. It seems like something we publican colleagues understand this. So So PAUL RYAN is right; it is a three- should be able to do for you. So there I am not necessarily talking directly to pronged approach. The three prongs are are some serious ideological differences my Republican colleagues here because higher costs, less care, in order to fi- because I know a lot of my Republican I trust that they understand the col- nance tax cuts for the rich. It doesn’t colleagues don’t view it that way. They lapse of the American healthcare sys- solve any problem that exists today in view healthcare as a commodity much tem that occurs when, in a very short the healthcare system, except for more so than I do. But we have shown period of time, you create 24 million maybe, as I mentioned, that very nar- the ability to work together on more uninsured people. row issue of young, healthy, affluent healthcare and on some pretty con- But, remember, Donald Trump said Americans. They will probably do a lit- troversial pieces of it. during the campaign that no one was tle bit better here. But everybody else At the end of 2016, just 2 months ago, going to lose healthcare. Republicans does worse. we passed the 21st Century Cures Act. in the House said that everyone who is By the way, here is what CBO says is That wasn’t easy. That was $6 billion of on healthcare today will get to keep it. the reason why those young, affluent additional spending on medical re- CBO says that is not even close to true. healthy Americans do better—because search in this country. It included leg- In the first 2 years, 14 million people you kick old people off of insurance. islation that Senator CASSIDY and I lose care, and eventually those who are The only reason that premiums sta- wrote—the Mental Health Reform uninsured goes to 52 million. The Pre- bilize in years 3 and 4 and 5, according Act—that had some tough reforms on siding Officer knows this, and my Re- to CBO, is because this bill jettisons our insurance markets requiring insur- publican colleagues here know this. millions of older, relatively sicker ance companies to cover more mental This 52 million, it is not that they Americans off of healthcare. So as you illness. We had to work through some are totally outside of the American just kick old people off healthcare, very tough issues with Senator COR- healthcare system. If there is an emer- then it gets a little bit cheaper for the NYN, who opposed our legislation until gency, they go to an emergency room, younger people who remain. we worked out issues he had, and then and the emergency room covers their So even the small percentage of he became a supporter and champion of care. That is the most inhumane way Americans who, from a monetary it. We had to work through some dif- to run a healthcare system, to wait standpoint, do a little bit better under ficult issues, but we passed a big until you are so sick, so ill, that your this bill, they only do better because healthcare bill at the end of 2016, with cancer has ravaged your body so badly, individuals who really needed care lose Republicans and Democrats supporting you have to show up in the emergency it under this approach. it. Frankly, in the end, some progres- room, but they will get that care— This bill is moving really, really fast. sive Democrats voted against it and often the most expensive care—and we It is moving really, really fast. Its im- some conservative Republicans voted will all pay for it. Part of the reason pact is absolutely stunning. My hope is against it. It wasn’t without con- that CBO says that rates will go up is that it gets stuck somehow, that Sen- troversy even until that final vote. But because this 52 million gets their care ators of goodwill recognize, as Bill we have shown the ability to be able to from emergency rooms. The emergency Kristol did in his tweet, that this bill work together, so why don’t we do the rooms and the hospitals pass that cost doesn’t actually solve any problems. same thing here? along to private insurers, and Maybe they recognize that it looks an I submit there are still big problems everybody’s premiums go up. awful lot like the Affordable Care Act. in the healthcare system. The Afford- Here is another way to think of this. For the Speaker’s reputation as being a able Care Act didn’t solve every prob- I know these numbers tend to get a lit- big ideas guy, there are no new ideas in lem out there, and even some aspects tle hard to digest, a little hard to un- this legislation. It is essentially just of the Affordable Care Act have to be derstand as they get thrown around. the Affordable Care Act dialed down amended, have to be changed. But let’s Here is what 24 million people losing from 10 to 3.5, making healthcare work together on ways to keep what is healthcare looks like. How many peo- unaffordable for everybody. The sub- working in the Affordable Care Act and ple is 24 million? Twenty-four million sidies are still there; they are just make improvements to the parts that is the entire combined population of much less. The individual mandate is aren’t working as well. Let’s move into Alaska, Delaware, Hawaii, Idaho, Kan- still there; it just applies it in a dif- territory that we haven’t covered yet, sas, Maine, Montana, Nebraska, Ne- ferent, more cruel way. Instead of pay- like drug prices, and do something vada, New Hampshire, New Mexico, ing a penalty when you lose coverage, about that. North Dakota, Rhode Island, South Da- you now pay a penalty when you lose Donald Trump, the President of the kota, Vermont, West Virginia, and Wy- coverage and try to sign up again. It is United States, gave a speech earlier oming. This isn’t a minor shift in the the same concept; it is just the penalty this week in which he told Americans number of people who will not have applied at a different place, and the in- that if you pass this legislation, drug healthcare. This is a seismic change. surance requirements are there. prices will come ‘‘way, way, way The entire population of 17 States loses So there are no new ideas. If you down.’’ That is his quote, that drug healthcare over the course of 10 years were ideologically opposed to the Af- prices will come ‘‘way, way, way if this bill is passed. fordable Care Act, there is no reason down.’’ That is not in this bill. By the way, let’s be honest about why this solves any of your problems. TrumpCare doesn’t have anything that who these people are. Yes, many of And from a practical consideration, it controls drug prices. Drug prices are them will be people losing healthcare raises costs, it doesn’t improve insur- not coming way, way, way down, but

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.030 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1919 we could work together to try to make one of my favorites, and we have some treatment. This rehab institute does sure that happens. We could have a great hospitals. The Rehab Institute of research to find ways that give people tough conversation about what we are Chicago literally focuses on people who who have spinal injuries and other in- willing to pay when it comes to drugs, have had serious accidents, strokes, injuries another chance. whether we are willing to let the rest juries and who are trying to get reha- Well, last Thursday they opened up of the world free ride on the contribu- bilitated so they can function and the new Rehab Institute of Chicago, tion of the United States to global re- walk. and it is renamed. It is the Shirley search and development. That would be I really got to know this hospital Ryan AbilityLab. It is not a hospital. a very important discussion to have. I years ago when I had a town meeting They call it an AbilityLab, and the rea- bet it wouldn’t get all 100 of us, but it in Chicago and talked about our re- son is that they try to integrate re- would allow for Republicans and Demo- turning veterans from Iraq and Afghan- search with actual doctors, clinicians, crats to work together. istan. Many of them were coming home and patients all in the same place—not Instead of ramming this bill through with serious injuries from roadside separate universities and hospitals and this process, through the reconciliation bombs and the types of injuries that so forth. It is a bold idea. It is a new process, which means you can do it can change your life. concept, but if anybody can pull it off, without a single Democrat supporting A man came up to me, and his name it is Dr. Joanne Smith, who heads up it, let’s sit together and try to work was Ed Edmundson. He was from North now the Shirley Ryan AbilityLab. out a bipartisan approach to improving Carolina. I was kind of surprised that Do you know what I learned as I got our healthcare system. he was at a Chicago town meeting. He out of the car to give the speech and to I know why Speaker RYAN is pushing explained to me that he heard about cut the ribbon at this new research fa- this bill through so fast. He knows it the town meeting because he had a son cility? I learned that the President of doesn’t solve any problems that exist named Eric who was a disabled veteran the United States, Donald Trump, had in the American healthcare system. He and was at the Rehab Institute of Chi- just announced his new budget. Do you knows that the only problem it solves cago. It turns out that Eric was seri- know what was included in his new is a political problem—a political prob- ously wounded by a roadside bomb in budget? A new spending line for the lem created by the promise that Re- Iraq, and during the course of the sur- National Institutes of Health. That publicans and this President made to gery afterward, there was an accident. agency is the premier medical research repeal the Affordable Care Act. But be- The net result of it was that he had agency in the world, and we are lucky cause they are doing it so fast, so ham- very limited mobility and he could no to have it right here in the United handedly, the replacement is going to longer speak. States. We are lucky that Congress has result in disaster for Americans. That Eric, if I remember, was about 23 given more money to NIH for bio- is not me saying that. That is the Con- years old. He was married and the fa- medical research last year. Senator gressional Budget Office. That is Bill ther of a little girl. Well, the VA did BLUNT, a Republican of Missouri, who Kristol. That is Republicans and Demo- the best for him, and they finally came heads up the subcommittee with Sen- crats all across the country. to his mom and dad and said: We can’t ator MURRAY of Washington, planned Whatever happens tomorrow in the do anything more. We need you to pick on giving more this year, and we are House of Representatives, the Senate out a motorized wheelchair for Eric be- still trying. will have a chance to be the adults in cause he needs to be in a nursing home. Do you know what President Trump this conversation. Senate Republicans His father said: He is 23 years old. He is suggested for next year’s budget for the will have a chance to take a big step not going to a nursing home. We are National Institutes of Health? He sug- back and start over, and they can start not quitting. His dad then set out to gested cutting their appropriation by over in a partisan way, or they can find the best hospital in the United $5.8 billion. It is a $32 billion appropria- start over by reaching out to Demo- States and came to the conclusion that tion. Cutting it by $5.8 billion will crats and saying: Let’s try to work this the Rehab Institute of Chicago was the bring the level of biomedical research out together. We may not get to that place. in the United States of America down point where we have a bipartisan So he came to invite me to come up to the lowest point it has been in 16 agreement, but, boy, it would be nice if and meet Eric at the hospital, which I years. That is President Trump’s idea my Senate Republican colleagues did a couple of days later. Eric was of a priority—the most dramatic cut in would at least try because if they there with his mom and dad, and he biomedical research in the last 16 don’t, then PAUL RYAN is right—there started the rehab. I went back to see years. will be three prongs to what will be him a week or so later to see how he I announced it when I did the ribbon- called TrumpCare, if it isn’t already: was doing. His mom said, as I came cutting speech. First, I thanked all the higher costs for consumers, less care into the room: Eric has a gift for you. folks at the Shirley Ryan AbilityLab, for Americans, all in order to finance a I thought: A gift for me? The gift was Dr. Smith, and Shirley and Pat Ryan. I giant tax cut for the rich. This isn’t that Eric, with a little help, was able told them if there is ever a time both what the American people thought to stand on his own feet. It was a political parties ought to come to- they were getting, and we have a breakthrough. Some people had said it gether and tell this President that you chance in the Senate to do so much would never happen again. are just flat-out wrong, this is it. This better. His dad said to me that Eric planned is it because the medical research that Mr. President, I yield the floor. on Memorial Day to put on his full is taking place in the National Insti- I suggest the absence of a quorum. dress uniform from the Army and walk tutes of Health is not just for those The PRESIDING OFFICER. The out of the front door of that hospital who are sick today but for those who clerk will call the roll. with a little help and show folks that may be diagnosed later today or tomor- The legislative clerk proceeded to they shouldn’t have given up on him. row. call the roll. They asked me if I could be there. I You know what the most frequently Mr. DURBIN. Mr. President, I ask said: I will move Heaven and Earth; I asked questions will be when you get unanimous consent that the order for will be there. I wasn’t the only one. that heartbreaking diagnosis? Doctor, the quorum call be rescinded. There were a lot of people there—the is there anything you can do for me? Is The PRESIDING OFFICER. Without mayor, elected officials, and every TV there a medicine? Is there a procedure? objection, it is so ordered. camera in Chicago—as Eric Edmundson Basically, is there any hope? If the NATIONAL INSTITUTES OF HEALTH BUDGET AND walked out of the front door of the NIH, or the National Institutes of PHARMACEUTICAL PRICES Rehab Institute in Chicago. Health, isn’t properly funded and isn’t Mr. DURBIN. Mr. President, last You never forget those moments, do doing its job, that answer is not always Thursday was a sunny, cold day in Chi- you? Here is a young man who risked going to be a good one. cago, but I looked forward to it because his life for America, came back gravely Young medical researchers don’t get there was an event that I wouldn’t injured, and through his father and rich, but they love what they do. To miss. We have a hospital there known mother’s determination—and his own keep them on the job doing what they as the Rehab Institute of Chicago. It is strength—he found the best place for should do with all of their talent and

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.031 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1920 CONGRESSIONAL RECORD — SENATE March 22, 2017 all of their skill and all of their edu- tude when it comes to an integral part tion and this Congress know that med- cation, we have to promise them that of the cost of healthcare and an inte- ical research is a priority to you. If it we are going to continue to fund med- gral factor in the dramatic increases in is not, hold on tight because Donald ical research in a serious way, without the cost of healthcare? Because pharma Trump’s budget is about to rip the the peaks and valleys. has friends in high places. heart out of the National Institutes of President Donald Trump does not un- Watch your television sets. There are Health. derstand that. Mick Mulvaney, head of two things to watch for, if you still Whatever his ambition, whatever his the Office of Management and Budget, watch television. The first thing is to goals, whatever his tweets, I could care who came up with this terrible budget, watch for all the drugs that are adver- less. When it comes to medical re- doesn’t understand that. To them, they tised on television. Do you know how search, he is in for a fight. are just numbers on a page. We will many countries in the world allow TRUMPCARE just cut biomedical research to the drugs to be advertised on television? Mr. President, the Republicans prom- lowest level in 16 years. Two. And one of them is the United ised, if they took a majority, the first A few minutes ago I had a visit from States. thing they would do is get rid of some folks from Chicago, IL. They You see all these drugs being adver- ObamaCare. He is gone. It has to be were with the National Multiple Scle- tised that are going to allow you to be gone too. Fifty-seven times—maybe rosis Society. They come to see me liberated, freed, and cured, and this more—in the House of Representatives, each year. You will see them around and that and the other thing. Then, they voted to abolish ObamaCare. It the halls wearing their orange ties and they run through all the disclaimers. didn’t mean anything. He was still orange scarves. They came to talk This is the one I like the best: Be sure President then. He was going to veto about multiple sclerosis, which for and tell your doctor if you have had a whatever they passed, but they did it many of my close friends is a disabling liver transplant: Oh, Doc, did I fail to over and over and over. It was an arti- disease they fight every day. It is a dis- mention I had a liver transplant? cle of faith, and they beat their chests ease of the central nervous system. It That is the kind of thing they put on and went across America saying: Get interrupts the flow of information television. Why does a pharmaceutical rid of ObamaCare. within the brain and between the brain company spend all that money adver- Then the dog caught the bus. They and the body. Symptoms range from tising on television? They make money got the majority in the House and the numbness to tingling, to blindness and off of it. Senate, and all of those threats and paralysis. The progress, severity, and Here is how. Americans walk into promises about ObamaCare became re- specific symptoms of MS of any one their doctor’s office and say: I just saw ality. Then something else happened. person can’t be predicted. this ad for this drug, and I think it is People started saying to the Repub- The good news is that we are engaged exactly what I need. Too many doctors, lican majority: And then what? What in research that can make a difference, instead of taking 10 minutes to explain are you going to replace it with? research that gives us hope. They why it isn’t the drug you need, take 1 Well, it turns out for 6 years they talked to me about Donald Trump’s minute to write out the script. So ex- have been writing speeches about abol- cuts to the National Institutes of pensive drugs make it on the market ishing ObamaCare instead of for 6 years Health. I told them I was going to do and justify the advertising on tele- writing plans and bills to replace it. So everything in my power to restore that vision. That is one of the grim realities they slapped together a replacement money so that the research continues. of what we are facing. plan, sent it over—I say that because it Incidentally, there is another issue. When it comes to the drugs and their only took them a couple of weeks. It isn’t just fighting the disease and pricing, we know what is happening. They sent it over to the Congressional doing the research. It is what is hap- They are running up the costs of drugs Budget Office, which is kind of like the pening to the cost of the drugs that on individuals, and they can’t afford it umpire here, the referee, to take a look these people need to maintain their any more. I just met with some of at it. lives and that give them hope. In 2004 these MS patients, and one of them The Congressional Budget Office gave the average wholesale price of avail- told me she had gone now for weeks a report on the Republican replace- able MS disease-modifying therapies without medication because, she said: ment plan for the Affordable Care Act. was $16,000. By 2013, the average price Senator, it is $6,000 I just don’t have. This is what it said: Under had gone up to $61,000. In 2017, the aver- Well, we can do better than that. We TrumpCare—ObamaCare to age price is up to $83,600. All of the top should do better than that as a nation. TrumpCare—under TrumpCare, 24 mil- 10 specialty medication classes, which We ought to make certain that we lion Americans will lose their health include MS, increased in spending, and don’t get swept away with the pharma- insurance; 14 million in the first year— all had increases in the price of medi- ceutical companies and their adver- 24 million Americans out of a nation of cation. Some of these drugs have been tising. Those are the other things you what, 350 million, 360 million. That is a on the market for years, and now the are going to see on television now. pretty large group. pharmaceutical industry is driving the They are really beautifully done ads. We know what happens when people costs up across the board. They are talking about all of us want- lose their health insurance. They still When we talk about healthcare in ing to survive and how the pharma- get sick. When they get sick, they go America, it is interesting how little ceutical industries are finding, through to the emergency room when it is too time we spend talking about the cost of their research, good drugs to help us bad, and the emergency room takes pharmaceuticals. But how wrong we survive. I don’t quarrel with that care of them. Then the hospital, be- are. When the head of Blue Cross in premise. That is right, but it turns out cause the person does not have health Chicago came to see me, she said: Sen- many of them are spending more insurance, chalks up the cost of that ator, I will bet you didn’t know last money on advertising than they are on health to charity care and passes it year Blue Cross Blue Shield spent more research. So this is big business. It is along to everyone else with health in- money in their hospitalization plans big profits. They are trying to protect surance. for pharmaceuticals and medications them. It is driving up the cost of Under TrumpCare, seniors, rural than they spent for inpatient hospital healthcare. People like my friends with communities, and lower and middle-in- care for those who were covered—more multiple sclerosis are wondering how come families will see their premiums money on drugs than inpatient hos- this will end and whether they will be and out-of-pocket costs soar, according pital care. able to pay for the treatment they des- to the Congressional Budget Office. So what did the Affordable Care Act, perately need. Under TrumpCare, Medicare’s solvency which is being debated, do about the If this means anything to those who will shrink by 4 years. Medicare, you price of pharmaceuticals? Almost noth- are listening to this debate, if it means remember, is the program primarily ing. What does the new Republican re- something to you or your family, you for seniors started back in the 1960s to placement plan do about the cost of need to speak up—Democrat, Repub- make sure that when you got to a point pharmaceuticals? Almost nothing. lican, Independent, Trump voter or in life, age 65, you may not be working, Why? Why is there this hands-off atti- not—you need to let this administra- no longer have insurance through your

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.033 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1921 employer, the government Medicare families, bad for people with disabil- in Illinois would see their health insur- plan would cover you. ities. It is not very good for kids. Half ance costs increase by over $3,000—by Has it worked? Ask 60 million Ameri- of the kids in America are born under 2026, almost $5,000. cans who count on it. Yes. What about and taken care of by Medicaid. It is bad The impact is particularly severe for the results? Since the 1960s, people are for the States, bad for just about ev- Illinoisans ages 55 to 64. They would living longer. We know Medicare eryone who is not healthy or wealthy. see their costs of premiums increase by works, but the cost of healthcare has Yet the House Republican leadership is over 50 percent. Illinois hospitals, they been going up, and we worried about its intent on moving forward with are against it too. They know that a long-term solvency. It turns out the TrumpCare this week. lot of downstate hospitals and inner- Affordable Care Act, which we passed, The President came to the House Re- city hospitals can’t survive this Repub- brought some savings to healthcare publicans yesterday and said: If you lican replacement plan. and added 10 years of solvency to Medi- don’t support me on this vote, I am I will close with a letter from Chris- care. coming after your districts to defeat tine McTaggart of Watseka, IL. Here is Now, the Republicans want to repeal you. what she said to me: ‘‘I wake up every the Affordable Care Act, and it will re- This approach is going to increase day since the election fearing that a duce the solvency of Medicare by 4 premiums for seniors in one of the complete repeal will happen and for me years—4 years sooner Medicare will go most fundamental ways. We said in our that translates into a death sentence.’’ insolvent. The fiscally conservative bill that we voted for that you could Christine was originally diagnosed Republican Party has come up with an not have a disparity in premiums more with stage IIIb inflammatory breast answer, which leads to sooner insol- than 3 to 1. So the premiums charged cancer in September of 2012. Given this vency for Medicare. Under TrumpCare, to a 20-year-old and the premiums type of aggressive cancer, her prog- $880 billion in Federal Medicaid fund- charged to a 60-year-old could be no nosis was poor. She went through 16 cy- ing to States will be eliminated. What different than a 3-to-1 margin. The Re- cles—16—of chemotherapy, a bilateral does it mean? Well, let me tell you the publicans changed that and made it 5 mastectomy, 33 radiation treatments, story of Judy. to 1. Judy works at a motel in Southern failed reconstruction and chronic tis- That is why the American Associa- Illinois. She is in her sixties. She is a sue issues, and thyroid cancer as well. tion of Retired Persons opposes hard-working lady. There is not a lazy After all of that, in 2014, she learned TrumpCare and why seniors across the bone in her body. She works in the hos- her breast cancer was back. This time pitality room where you get the free country are waking up to the reality in her bones, stage IV. In her letter to breakfast at the motel. She is the one that they are in for a jolt when it me, Christine McTaggart of Watseka who smiles and cleans off the table and comes to the premiums they have to wrote: makes sure you are happy. I got to pay. When the Affordable Care Act became law, know her. Judy asked me about all of Senator SUSAN COLLINS of Maine, a I had no idea my life would come to depend this stuff going on with affordable care. Republican, has said: ‘‘This is not a bill on policies such as pre-existing conditions not excluding you from coverage . . . and I asked her: Would you mind working I could support in its current form . . . it really misses the mark.’’ As Senator lifetime maximums being eliminated. If ACA with my office? Let’s see what we can were repealed, I would no longer have cov- do for you. COLLINS noted, this bill does not come close to achieving the goal of allowing erage as my chronic ongoing treatment has It turns out that Judy, as hard as she far exceeded the old lifetime maximums. . . . works, makes a very low income. She low-income seniors to purchase health I would have to choose between bankruptcy qualified for Medicaid, which meant insurance. for treatments I cannot afford and rolling health insurance that did not cost her Senator BILL CASSIDY, a Republican the dice, waiting for death. anything because her income was so from Louisiana, said: She ends with this: The CBO score was, shall we say, an eye- low. She couldn’t believe it. For the I thank you for your tireless advocacy on popper. . . . Can’t sugarcoat it. . . . Doesn’t first time in her life—for the first time this issue. . . . My life literally depends on look good. in her life she had health insurance— it. Medicaid—providing her health insur- Senator and Dr. CASSIDY, Republican What we need to do is take repeal off ance. It was a good thing too because from Louisiana, said that. He went on the table, and this Senator will pull a just shortly afterward she was diag- to say: chair up to the table. Let’s make the nosed with diabetes. Now comes the That’s not what President Trump prom- Affordable Care Act work. Let’s do it proposal from the Republicans to re- ised. . . . That’s not what the Republicans in a bipartisan way. Let’s not look for ran on. move so many people across America a slam dunk for either political party. from Medicaid. Where does that leave Senator TOM COTTON, Republican of Let’s try to do the right thing for Judy? Back where she started, working Arkansas, said: America. We are not going to make the hard, with diabetes, a low income, and I’m afraid that if [House Republicans] vote extremes in either political party no health insurance. Terrible things for this bill, they’re going to put the House happy, but if millions of Americans majority at risk next year. . . . Just from a can happen to you if you have diabetes have health insurance and can find a and don’t have some medical home or a practical standpoint, I don’t think this bill is going to reduce premiums for working Amer- way to pay for it, then we will do our doctor you can count on. job. That is the reality of what icans. . . . I think it’s going to cost coverage I yield the floor. TrumpCare will mean to Judy in for many Americans. The PRESIDING OFFICER (Mr. Southern Illinois. One trillion dollars Why do we want to rush this process? GARDNER). The Senator from Lou- will be cut from programs that serve It took us more than 2 years to write a isiana. low- and middle-class families so the bill, and it is still a bill that needs Mr. CASSIDY. Mr. President, I ask Republican approach can cut taxes for more work. I voted for it. To think unanimous consent that at 4:50 p.m. the wealthiest people in America. I am that they can replace it in a matter of the remaining time on H.J. Res. 83 be not making that up. weeks, with this slap-dash approach, is They are raising the premiums for not fair to America. It is not fair to yielded back and the joint resolution working families to pay. They are cut- people who count on health insurance be read a third time and the Senate ting off seniors and others from Med- for peace of mind and coverage when vote on the resolution with no inter- icaid coverage so they can give tax they desperately need it. viewing action or debate. breaks to the wealthiest superrich in I see my friend on the floor. I am The PRESIDING OFFICER. Without America. It is going to cost us going to close. I released a report objection, it is so ordered. healthcare jobs across America. today, and it is one I am going to share The PRESIDING OFFICER. The Sen- Downstate Illinois, those are good-pay- across the board in Illinois before our ator from Rhode Island. ing jobs. The Illinois Hospital Associa- delegation votes this week. This bill in CLIMATE CHANGE tion says we are going to lose them. Illinois means that 311,000 people I rep- Mr. WHITEHOUSE. Mr. President, on This Republican bill, TrumpCare, is resent would lose their private health the day of the news reporting the bad for seniors, bad for middle-class insurance. By 2020, the average enrollee World Meteorological Organization is

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.035 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1922 CONGRESSIONAL RECORD — SENATE March 22, 2017 declaring that 2016 was the hottest level rise in Newport, RI. This is the way. So Rhode Island officials are out year ever recorded, and further declar- harbor. This is downtown Newport. right now trying to educate everyone ing that the planet is now in what they America’s Cup Avenue, which runs living and working along our State’s call, ‘‘truly uncharted territory,’’ I rise right through there, will be taken out. coast about the flooding dangers that for my 161st ‘‘Time to Wake Up’’ Through this area are a lot of very suc- are fueled by climate change. speech, in this case to update my col- cessful businesses that appeal to the It is not just State officials. Insur- leagues on the state of our oceans. people who come to visit historic New- ance and mortgage companies are I am from the Ocean State. In Janu- port, RI. starting to take these changes into ac- ary, the National Oceanic and Atmos- Through here, we have some of the count. Even the government-backed pheric Administration released a re- most significant working wharves still mortgage giant, Freddie Mac, is gird- port with the U.S. Geologic Survey, the in the Newport area. Then this area ing for broad housing losses from cli- Environmental Protection Agency, re- here, called The Point, is a historic mate-driven flooding. Let me quote searchers at Rutgers University, Co- section that goes back into the 18th them: ‘‘The economic losses and social lumbia University, and the South Flor- and in some cases 17th centuries. These disruption may happen gradually,’’ ida Water Management District. buildings, of course, will be flooded. Freddie Mac says on its website, ‘‘but The report updates global sea level There is the downtown Newport fire they are likely to be greater in total rise estimates—perhaps not a big issue station in the middle of that as well, so than those experienced in the housing for Colorado but a big issue for Rhode it affects our safety infrastructure. crisis and great recession.’’ Island. It made region-specific assess- This is further up the bay in Rhode Think about that. That is pretty se- ments for our American coastline. Island. This is Barrington here. This is rious business, if you are saying that Based on updated peer-reviewed sci- the town of Warren. As you can see in the housing damage and the con- entific literature, the report raised the the blue, there are a lot of places where sequent financial harm is going to be previous upper range, or extreme, sce- homes and businesses go underwater greater than the housing crisis and nario for average global sea level in the just under the 7-foot scenario. Some of great recession that we just lived year 2100 by an additional half a meter. the stuff that goes underwater is pret- through. NOAA and its partners then tailored ty critical. Some effects of climate change may their findings to the U.S. coastline Here in this bluish part is the Warren not even be insurable, Freddie Mac based on regional variations in ocean wastewater treatment plant. You can’t says, and unlike the 2008 housing crash, circulation and gravitational pull and have a wastewater treatment plant owners of homes that are literally local land conditions like erosion, sub- that is under water, so that is a very under water—not just financially under sidence, and groundwater depletion, all significant investment for Warren to water—would have little expectation of of which affect the local impacts of have to face. their homes’ values ever recovering global sea level rise. They found that I went to the Warren Town Hall not and, therefore, little incentive to keep under the higher scenarios, all regions too long ago to meet with the manager making mortgage payments which in the United States, except Alaska, and the folks who work there to hear would, in turn, add to steeper losses for can expect sea level rise higher than from them about what they needed in lenders and for insurers. This is deadly the global mean average. The news was order to accommodate this new risk. serious economic business. particularly harsh for the western Gulf Remember that the sea level rise Shoreline counties are just 18 percent of Mexico and for the northeast Atlan- that we are looking at here is just the of the United States in land area, but tic coast—Virginia through Maine, in- floor that high tides and storms ride in they account for around 38 percent of cluding my home State of Rhode Is- on. In this simplified illustration, we the country’s employment and 43 per- land. can see a coastal city with sea level cent of our GDP. Each year, the sea Our coastal managers, like Rhode Is- rise encroaching on its infrastructure. and storms will take a higher toll on land’s Coastal Resources Management Then we add to that the king tides. the roads, the bridges, the seawalls, the Council—the CRMC, we call them—are When celestial bodies line up so the power and wastewater treatment taking these new estimates seriously tides are stronger than usual and, plants, and the military facilities that and incorporating the high scenario therefore, higher than usual, they are serve that economically productive into their planning. Under the new sce- called king tides. That is not a sci- shore. nario, the Northeast is expected to see entific term, but it is the lay term for Despite all this, President Trump’s 9 vertical feet of sea level rise by the them. proposed ‘‘America First’’ budget blue- end of the century. That means that a These king tides already push water print zeros out the Global Climate child born today in Providence, RI, at into the streets of Miami and over the Change Initiative, ends U.S. contribu- Women & Infants Hospital is likely to tops of the wharves of Boston on clear, tions to international climate change live long enough to see this 9-foot sunny days—just from the tide. If you programs, eliminates EPA programs vertical sea level rise take place along add on top of that a strong coastal that conduct climate change research our shores. By the way, when you go up 9 feet, storm, our city here does not stand a and implement the Clean Power Plan, the shore goes back many, many hun- chance. Homes are destroyed, busi- ends NOAA’s coastal and marine man- dreds of feet in many places. In Rhode nesses are ruined, damages reach the agement, research, and education Island, what CRMC is now planning for billions, and lives perhaps are lost. grants and programs, including the sea is between 9 and 12 vertical feet of sea America’s coastal communities are grant cooperative research program, level rise for our State. That is going not prepared for the future. Part of shifts NASA’s Earth science budget, to hit Rhode Island communities pret- that is because so many people are de- which includes climate research, out to ty hard. nying the prospect of this future, but deep space exploration, and cuts fund- Rhode Island’s CRMC and our Univer- also we haven’t caught up. ing for the Department of Energy’s Of- sity of Rhode Island have developed to- Federal Emergency Management fice of Science. gether something called Agency flood maps are the things that Obviously they don’t like science STORMTOOLS. It is an online research guide flood insurance for most coastal very much. tool that projects the effects of this sea property owners. FEMA’s estimates, The President’s proposal—if en- level rise and additional storm surge however, fall alarmingly short, we have acted—would accelerate the grim fu- onto the State’s coastal properties. discovered, for coastal communities ture laid out in NOAA’s sea level rise The tool actually now needs to be up- like those in Rhode Island, as the report and in Rhode Island’s dated because it currently maxes out FEMA studies rely on outdated data STORMTOOLS projections. As that at 7 feet of sea level rise, which was the and incomplete models. This means grim future accelerates, it is actually previous high scenario. Now that we that people along America’s coast who science that gives us the headlights to have raised it to 9 to 12 feet, they are rely on these models can be lulled into perceive the oncoming threats. Cuts to going to have to go back and redo it. a false sense of comfort if their home CRMC of as much as 60 percent would This is what it looks like based on falls outside one of FEMA’s high risk cripple the STORMTOOLS project that the 7-foot max. Here is 7 feet of sea zones but, in actuality, is in harm’s provides Rhode Island our headlights.

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.036 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1923 The laws of thermodynamics will on this: Climate change is a serious Federal subsidies for wind power—sub- still govern the rise of our warming problem, and it makes no sense to close sidies that waste billions of dollars of ocean waters. That is not going away. nuclear power plants while they are taxpayer money each year—end after The laws of chemistry will still cause safely operating and producing 60 per- 2019. A petition being pushed by the carbon dioxide to acidify seawater. cent of our carbon-free electricity in Southern Alliance for Clean Energy That will not stop. The laws of biology the United States. urging TVA to purchase the power will still affect vital coastal eco- So I thank him for his partnership on spells this out. They said: ‘‘Critical systems and valuable ocean species and that article in the New York Times. deadlines regarding the Federal pro- transmit the harms of climate change Mr. WHITEHOUSE. I appreciate the duction tax credit for wind power are into those areas. chairman saying that very much. fast approaching. . . . The time to con- The laws of economics mean that TVA tract for low-cost wind power is now.’’ this will all have a pretty bleak effect Mr. ALEXANDER. Mr. President, So last December, I wrote to the TVA on the prosperity of Americans. All today I come to the floor to express my and said: ‘‘There should not be a rush that it gains is that we will just be opposition once again to the possibility to approve any proposal from Clean blinder to what is coming at us. that the Tennessee Valley Authority— Line Energy Partners. This is a big, ex- If the President were to forgo just the TVA, as we call it—might raise our pensive decision and should be left to one weekend at Mar-a-Lago, which PO- electric bills and waste more than $1 the new board next year.’’ LITICO and the Washington Post esti- billion buying electricity the region While this decision should be left to a mate costs U.S. taxpayers $2 to $3 mil- does not need by agreeing to purchase full TVA board when all of its members lion each weekend, that money from power from the Clean Line Energy are confirmed, I don’t know why either one weekend could fund Rhode Island’s Partners’ proposed Plains & Eastern a board with three vacancies, which is entire sea grant program for a year, wind power transmission project. what we have today, or a complete helping us guide offshore energy and Congress has a responsibility to con- board with all of its members con- commercial ocean development, product oversight of TVA’s decisions and firmed would even consider approving tecting important fishing grounds and also to ensure that TVA is fulfilling its such a deal. A contract with Clean Line the State’s vital fishing industry. That missions, as defined by the TVA Act. Energy Partners could cost TVA rate- is economic effect in Rhode Island. Although TVA does not receive any payers more than $1 billion over the When the ocean starts lapping on the Federal funding from Congress, TVA is next 20 to 30 years, the typical length stairs of Mar-a-Lago, President Trump a Federal corporation, and its board of such an agreement. TVA would be may be hard-pressed to continue deny- members are nominated by the Presi- disregarding its mission to provide lowing what all of our scientific agencies dent of the United States and con- cost power to the region if it were to are reporting and predicting. This firmed by the Senate. contract for power the region doesn’t graphic from the Boston Globe shows The House Transportation and Infra- need regardless of the source of the at 7 feet of sea level rise what is in structure Committee and the Senate electricity. store for the President’s posh resort. Environment and Public Works Com- In recent years, according to TVA, The NOAA high scenario for that area mittee, the committees responsible for power demand throughout the Ten- actually projects for Florida’s Atlantic the oversight of TVA, have held hear- nessee Valley has declined. coast sea level rise just over 8 feet by ings to discuss TVA’s budget and poli- In 2013, TVA began working with its the end of the century—though this cies. customers to develop a long-term plan image understates the flooding that is So as a U.S. Senator, today I am here to meet the region’s power needs going to take place at Mar-a-Lago in to exercise my oversight responsibil- through 2033. In 2015, when TVA com- this century. That just shows 7 feet of ities on TVA. Clean Line Energy Part- pleted its Integrated Resource Plan, sea level rise. An added foot of water ners, a Texas-based company, is pro- that plan concluded—this is TVA talk- not shown, plus that king tide problem posing to build giant, unsightly trans- ing—that ‘‘there is no immediate need I discussed, and storm surge—when you mission towers from Oklahoma, for new base load plants after Watts have a good wind kicking up, and it through Arkansas, to Tennessee— Bar Nuclear Unit 2 comes online and blows the surface of the ocean and known as the Plains & Eastern Clean upgrades are completed at Browns raises the tide further—will all amplify Line—to carry comparatively more ex- Ferry Nuclear Plant.’’ As a result of these effects. Bye-bye, Mar-a-Lago. pensive, less reliable electricity to this conclusion, because TVA did not It is time that we in Congress put Tennessee and other Southeastern need power, TVA decided last year to fossil fuel interests aside. They have States. sell the unfinished Bellefonte nuclear had their way with us quite long For the first time ever, Federal emi- power plant. enough. It is time for us to start doing nent domain will be used over the ob- For the foreseeable future, TVA has what is right by all of the Americans jection of the State of Arkansas and said it doesn’t need any new baseload who live and work near the coast and both of Arkansas’s U.S. Senators to ac- power and doesn’t plan on any major will be facing this predicament in the quire the land necessary for the trans- new capital construction projects. This real world. mission line. In order to move forward is good news for ratepayers because it If the President and this Congress re- with the construction of a single 700- means TVA can reduce debt and keep main beholden to this shameless, pol- mile, high-voltage, direct current electric rates low. So why would TVA luting industry, we will lose our chance transmission line, Clean Line Energy announce that it doesn’t need new to protect ourselves. It is time that we Partners must find utilities in the power for the next 15 years, sell a nu- wake up to the reality of climate Southeast that are willing to purchase clear power plant capable of producing change, wake up to the reality of sea the power produced by an Oklahoma reliable baseload power for the next 60 level rise, wake up to the reality of wind farm and transmitted by the years, and then turn around and buy ocean acidification, and start to do Plains & Eastern Clean Line. For this unreliable wind power that might only something about it. reason, Clean Line Energy Partners be available for 20 or 30 years until the We can’t say we weren’t warned. We and their supporters have been urging turbines break down? are just rotten with fossil fuel money the Tennessee Valley Authority to TVA is, generally speaking, on a very and will not listen. agree to a long-term power purchase good path. Its leadership has made Mr. President, I yield the floor. agreement for wind power. sound decisions that will benefit rate- The PRESIDING OFFICER. The Sen- In November, shortly after the elec- payers and our region. To fulfill its ator from Tennessee. tion, the Southern Alliance for Clean mission to provide safe, clean, reliable, Mr. ALEXANDER. Mr. President, Energy said: ‘‘We strongly encourage and affordable power for the region’s while the Senator from Rhode Island is TVA’s Board of Directors to imme- homes and businesses—that is its mis- still here, I was pleased to join with diately contract for at least 1,000 sion—it has opened the first nuclear him in an article published in the New megawatts of wind power on the Plains power reactor in the 21st century. And York Times not long ago. We don’t and Eastern Clean Line.’’ Why the I may say, going back to Senator agree on everything, but we do agree rush, I would ask. The answer is this: WHITEHOUSE’s speech, nuclear power is

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.041 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1924 CONGRESSIONAL RECORD — SENATE March 22, 2017 emission free—no sulfur, no nitrogen, Last year, TVA opened the country’s NAYS—48 no mercury, no carbon. Nuclear power first nuclear power reactor in the 21st Baldwin Gillibrand Murray produces 60 percent of all of our car- century, Watts Bar 2, at a cost of $5 Bennet Harris Nelson bon-free electricity. TVA is also plac- Blumenthal Hassan Peters billion. Watts Bar 2 will safely provide Booker Heinrich Reed ing pollution control equipment on all 1,150 megawatts of power more than 90 Brown Heitkamp Sanders of its coal plants and is completing new percent of the time for the next 40, 60, Cantwell Hirono Schatz natural gas plants. The TVA has done and possibly even 80 years, all of it Cardin Kaine Schumer Carper King Shaheen this while reducing its debt and reduc- emission free, no sulfur, no nitrogen, Casey Klobuchar Stabenow ing electric rates, which is good news no mercury, no carbon. Coons Leahy Tester for jobs and economic development in The point is, TVA has concluded that Cortez Masto Manchin Udall the region. Even if TVA did need more Donnelly Markey Van Hollen it doesn’t need more power for the fore- Duckworth McCaskill Warner power, which it has said it does not, seeable future; therefore, its board Durbin Menendez Warren TVA should not agree to buy more should resist obligating TVA’s rate- Feinstein Merkley Whitehouse wind power which is comparatively un- payers for any new large power con- Franken Murphy Wyden reliable and expensive. tracts, much less contracts for com- NOT VOTING—2 A look at TVA’s previous experience paratively expensive and unreliable Isakson Paul with wind power illustrates how unreli- wind power. Instead, TVA should con- able it can be, especially in our region. The joint resolution (H.J. Res. 83) tinue to provide low-cost, reliable was passed. In 2001, TVA opened its first commer- power to the region because that cial-scale wind project in the South- The PRESIDING OFFICER. The ma- boosts economic development through- jority leader. east. It is generous to say that it has out the Tennessee Valley. been a failure. This project on Buffalo I thank the Presiding Officer, and I f Mountain near Knoxville has the ca- yield the floor. EXECUTIVE SESSION pacity to generate 27 megawatts of I suggest the absence of a quorum. electricity; however, according to TVA, The PRESIDING OFFICER. The in 2016—last year—the Buffalo Moun- clerk will call the roll. EXECUTIVE CALENDAR tain wind turbines produced only 4.3 The senior assistant legislative clerk megawatts on average. Capacity is 27 Mr. MCCONNELL. Mr. President, I proceeded to call the roll. move that the Senate proceed to execu- megawatts and generation was 4.3 Mr. SASSE. Mr. President, I ask megawatts—that is just 16 percent of tive session to consider Calendar No. unanimous consent that the order for 20, David Friedman to be Ambassador their rated capacity. In other words, the quorum call be rescinded. these turbines, which cost as much as to Israel. The PRESIDING OFFICER. Without $40 million to build and must cost mil- The PRESIDING OFFICER. The objection, it is so ordered. lions more over the life of the contract, question is on agreeing to the motion. Under the previous order, all remain- produce little electricity and little The motion was agreed to. ing time for debate on H.J. Res. 83 has value to TVA’s ratepayers. The PRESIDING OFFICER. The Wind usually blows at night when been yielded back. clerk will report the nomination. consumers are asleep and don’t need as The joint resolution was ordered to a The senior assistant legislative clerk much electricity. Until there is some third reading and was read the third read the nomination of David Fried- way to store large amounts of wind time. man, of New York, to be Ambassador power, a utility still needs to operate The PRESIDING OFFICER. The joint Extraordinary and Plenipotentiary of gas, nuclear, or coal plants when the resolution having been read the third the United States of America to Israel. wind doesn’t blow. For example, take a time, the question is, Shall the joint CLOTURE MOTION recent TVA peak summer day. On July resolution pass? Mr. MCCONNELL. Mr. President, I 26, 2016, Tennessee Valley homes and Mr. SASSE. Mr. President, I ask for send a cloture motion to the desk. businesses consumed 29,512 megawatts the yeas and nays. The PRESIDING OFFICER. The clo- of electricity—nearly all of TVA’s ca- The PRESIDING OFFICER. Is there a ture motion having been presented pacity of 33,000 megawatts of elec- sufficient second? under rule XXII, the Chair directs the tricity. Part of TVA’s capacity on that There appears to be a sufficient sec- clerk to read the motion. day included contracts for nearly 1,250 ond. The senior assistant legislative clerk megawatts of electricity produced by The clerk will call the roll. read as follows: wind power. However, at the peak de- The assistant bill clerk called the CLOTURE MOTION mand during the day, when power is roll. We, the undersigned Senators, in accord- most urgently needed, those wind tur- Mr. CORNYN. The following Senators ance with the provisions of rule XXII of the bines with a rated capacity of 1,250 are necessarily absent: the Senator Standing Rules of the Senate, do hereby megawatts actually delivered only 185 from Georgia (Mr. ISAKSON) and the move to bring to a close debate on the nomi- megawatts of electricity. So on a day Senator from Kentucky (Mr. PAUL). nation of David Friedman, of New York, to when the Tennessee Valley needed The PRESIDING OFFICER. (Mr. be Ambassador Extraordinary and Pleni- potentiary of the United States of America LEE). Are there any other Senators in power the most, wind turbines provided to Israel. less than 15 percent of their rated ca- the Chamber desiring to vote? Mitch McConnell, Steve Daines, John pacity and less than 1 percent of the The result was announced—yeas 50, Cornyn, Tom Cotton, Bob Corker, John total electricity needed to power our nays 48, as follows: Boozman, John Hoeven, James region’s homes and businesses. [Rollcall Vote No. 93 Leg.] Lankford, Roger F. Wicker, John Bar- rasso, Lamar Alexander, Orrin G. Not only is wind power unreliable, it YEAS—50 can be more expensive than nuclear, Hatch, David Perdue, James M. Inhofe, Alexander Fischer Perdue which also produces zero emissions, or Mike Rounds, Bill Cassidy, Thom Barrasso Flake Portman Tillis. natural gas, which is low emission. Blunt Gardner Risch TVA is currently completing a new Boozman Graham Roberts Mr. MCCONNELL. Mr. President, I 900-megawatt natural gas plant for Burr Grassley Rounds ask unanimous consent that the man- Capito Hatch Rubio roughly $975 million that will improve Cassidy Heller datory quorum call with respect to the Sasse nomination be waived. air quality in Memphis and be one of Cochran Hoeven Scott Collins Inhofe the most efficient natural gas plants in Shelby The PRESIDING OFFICER. Without Corker Johnson Strange objection, it is so ordered. the world. Natural gas plants usually Cornyn Kennedy Sullivan operate for at least 30 years and ac- Cotton Lankford f cording to TVA can provide power in as Crapo Lee Thune Tillis little as 20 minutes to meet peak de- Cruz McCain LEGISLATIVE SESSION Daines McConnell Toomey mand during hot summer afternoons Enzi Moran Wicker Mr. MCCONNELL. Mr. President, I and cold winter nights. Ernst Murkowski Young move to proceed to legislative session.

VerDate Sep 11 2014 04:13 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.042 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1925 The PRESIDING OFFICER. The The FCC ultimately decided to com- picked one politically favored indus- question is on agreeing to the motion. mandeer an area of regulatory author- try—the edge providers—to prevail The motion was agreed to. ity for itself, without any meaningful over a different industry—broadband. f check on this unilateral action. Once it Repealing the FCC’s privacy action is initiated the bureaucratic power grab, PROVIDING FOR CONGRESSIONAL a crucial step toward restoring a sin- it proceeded to establish new rules re- DISAPPROVAL OF A RULE SUB- gle, uniform set of privacy rules for the stricting the free speech of its regu- MITTED BY THE FEDERAL COM- internet. The FTC’s privacy rules are latory target. the result of an ongoing, data-driven MUNICATIONS COMMISSION—MO- I submitted comments to the agency TION TO PROCEED effort to understand and protect con- expressing my constitutional concerns sumer expectations. That is the FTC. Mr. MCCONNELL. Mr. President, I about its proposed rule. I wasn’t alone The FCC’s rules, on the other hand, are move to proceed to S.J. Res. 34. in doing so. Noted Harvard law pro- the hasty byproduct of political inter- The PRESIDING OFFICER. The fessor Larry Tribe, hardly one to be est groups and reflect the narrow pref- clerk will report the motion. confused for a conservative, did the erences of well-connected insiders. The senior assistant legislative clerk same. But the rules were finalized To sum all of this up, the FCC’s mid- read as follows: nonetheless. night privacy rules are confusing and Motion to proceed to Calendar No. 16, S.J. While the FCC recently took a step counterproductive. This CRA will get Res. 34, a joint resolution providing for con- in the right direction by staying the rid of it, pure and simple. But let me gressional disapproval under chapter 8 of application of the privacy rules, these say what it won’t do. Despite claims to title 5, United States Code, of the rule sub- midnight regulations are still hanging mitted by the Federal Communications Com- the contrary, using this CRA will not mission relating to ‘‘Protecting the Privacy out there. Congress needs to repeal leave consumers unprotected. That is of Customers of Broadband and Other Tele- these privacy restrictions in order to because the FCC is already obligated to communications Services.’’ restore balance to the internet eco- police the privacy practices of The PRESIDING OFFICER. The system and provide certainty to con- broadband providers under section 222 question is on agreeing to the motion. sumers. of the Communications Act, as well as The motion was agreed to. These regulations have altered the various other Federal and State laws. basic nature of privacy protection in f Both Chairman Wheeler and Chair- the United States. For decades, the man Pai agree on that point. Just last PROVIDING FOR CONGRESSIONAL FTC policed privacy based on consumer week, Chairman Pai wrote to my DISAPPROVAL OF A RULE SUB- expectations for their data, not bureau- friends on the other side of the aisle MITTED BY THE FEDERAL COM- cratic preferences. These consumer ex- confirming this legal fact. MUNICATIONS COMMISSION pectations were just common sense: This resolution will not disrupt the Sensitive data deserves more protec- The PRESIDING OFFICER. The FCC’s power, nor will it infringe on the tion than nonsensitive data. clerk will report the joint resolution. FTC’s jurisdiction elsewhere. Neither Unfortunately, the FCC rules dis- The senior assistant legislative clerk will it affect how broadband providers pensed with this commonsense regu- read as follows: currently handle consumer data. latory approach. Under the new rules, A joint resolution (S.J. Res. 34) providing Broadband providers are currently reg- what matters isn’t what the data is for congressional disapproval under chapter 8 ulated under section 222, and they will but, rather, who uses it. This creates a of title 5, United States Code, of the rule continue to be after these midnight submitted by the Federal Communications dual-track regulatory environment regulations are rescinded. Commission relating to ‘‘Protecting the Pri- where some consumer data is regulated vacy of Customers of Broadband and Other one way if a company is using it under Passing this CRA will send a power- Telecommunications Services.’’ the FCC’s jurisdiction and an entirely ful message that Federal agencies can’t The PRESIDING OFFICER. The Sen- different way if its use falls under the unilaterally restrict constitutional ator from Arizona. FTC, or the Federal Trade Commission. rights and expect to get away with it. Mr. FLAKE. Mr. President, I rise in This is all confusing enough, but it I urge my colleagues to support this support of my resolution of disapproval gets worse. In the consumer technology resolution of disapproval. under the Congressional Review Act of sector, innovation is the name of the I yield back the remainder of my the FCC’s broadband privacy restric- game. Companies are constantly roll- time. tions. As chairman of the Senate Judi- ing out new products and competing to The PRESIDING OFFICER. The Sen- ciary Committee’s Privacy Sub- win over consumers. By the same ator from Florida. committee, I have spent more than a token, consumers are always on the Mr. NELSON. Mr. President, we are year closely examining this issue. lookout for the newest gadget or app. talking about taking privacy rights In February of 2015 the FCC, under But the FCC’s privacy order makes it away from individuals if we suddenly then-Chairman Tom Wheeler, took the increasingly difficult for consumers to eliminate this rule. Do you want a unprecedented step of reclassifying learn about the latest product offerings large company that is an internet pro- broadband providers as ‘‘common car- from broadband providers. Instead of vider, that has all the personal, sen- riers’’ under title II of the Communica- being notified about faster and more sitive information because of what you tions Act. In other words, on a 3-to-2 affordable alternatives for their fam- have been doing on the internet—do party-line vote, the FCC decided that ily’s home internet needs, under the you want that company to be able to internet service providers should be FCC’s privacy order, Arizonans might use that for commercial purposes with- treated like telephone companies for get left in the dark. out your consent? That is the issue. regulatory purposes. The decision en- The FCC’s heavyhanded data require- If you want to protect people’s pri- croached on the Federal Trade Com- ments restrict the ability of broadband vacy, I would think you would want to mission’s jurisdiction to regulate ISP providers to offer services tailored to require that an individual who has paid privacy policies, stripping these com- their customers’ needs and interests, money for the internet provider to pro- panies of their traditional privacy reg- and they lead to inconsistent treat- vide them with the internet—you go on ulator. ment of otherwise identical data on- the internet, and you go to whatever Recognizing that his actions to im- line. When a regulation diminishes in- site you want. You do business. You do pose net neutrality on ISPs created novation, harms consumer choice, and personal business. You do banking. You regulatory uncertainty, last spring is just all-around confusing, it is a bad go on the internet and you buy things. Chairman Wheeler began to float the regulation. The FCC’s privacy rule for You talk about your children’s school, idea of implementing new FCC privacy ISPs is a bad regulation. about when you are going to pick up rules. The FCC decided, again on a 3-to- When it chose to impose needlessly your children, maybe what your chil- 2 party-line vote, to move forward with onerous privacy regulations on dren want to wear to school. You want the rule change just before election broadband providers while leaving the to talk on the internet about anything day. The whole process was unsettling, rest of the internet under the success- that is personal. Do you want that to say the least. ful FTC regime, the FCC unfairly internet provider to have access to

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.046 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1926 CONGRESSIONAL RECORD — SENATE March 22, 2017 that information to be used for com- in the hands of somebody who could build a thorough profile about you mercial purposes without your con- use that for commercial purposes? I through these habits. sent? If you ask that question to the don’t think so. That is why this past If you live in a connected home, the American people, they are going to October the FCC provided broadband home of the future—and the future is give you a big, resounding no. subscribers with tools to allow them to now, by the way—they may know even Should the internet provider use that have greater control over how their more details about how you go about information if you give your consent? personal online information is used, your day-to-day activities. Your mo- Then that is fair game. If you give your shared, and then sold. bile broadband provider knows how you consent so that they can alert you be- The FCC has been protecting tele- move about through the day, your fore a certain day—you might want to phone customers’ privacy for decades, geolocation. They know through infor- give a certain gift to your wife on her and it updated its longstanding privacy mation about that geolocation and the birthday, and they might have all that protections to protect the privacy of internet activity. All of that is information, but maybe you don’t want broadband customers. In fact, it is safe through—guess what—this mobile de- them to have the information about to say that what the FCC did last Octo- vice. Don’t you think this is connected where your children go to school. ber was the most comprehensive up- to the internet? And that is not to Personal, sensitive information is date to its consumer privacy and data mention the sort of profile a broadband what we are talking about; therefore, protection rules in decades. provider can start to build about our the whole issue here is, do you want The FCC put in place clear rules that children from their birth. It is a gold the internet provider to be able to use require broadband providers to seek mine of data, the holy grail, so to that information without the person’s their subscribers’ specific and informed speak. consent, or do you want the person to consent before using or sharing sen- It is no wonder that broadband pro- have to actually effectively opt-in in sitive personal information and give viders want to be able to sell this infor- order to give the internet provider that broadband customers the right to opt mation to the highest bidder without consent? To me, this is a clear-cut case out of having their nonsensitive infor- the consumer’s knowledge or consent. of privacy. mation used and shared if they chose And they want to collect and use this You can fancy it up, talking about to do so. The FCC also gave broadband information without providing trans- FCC rules and so forth—and we have subscribers additional confidence in parency or being held accountable. Is the author of the Telecom Act, Senator the protection and security of their this what you want to inflict upon your MARKEY, here, and he is going to talk data by putting in place reasonable constituents in your State by changing about this and protections that were data security and breach notification this rule about their personal, sensitive put in for telephones. But back then, requirements for broadband providers. privacy? I don’t think so. You better remember, it was just you call from Simply put, the FCC decided to put know what you are doing when you this number to this number on such American consumers—each one of us vote tomorrow. This vote is coming and such a day for such and such a pe- who pays these monthly fees for our about noon tomorrow. You better riod of time. Even that was protected. broadband service—in the driver’s seat know. But now—just think about this—we are of how their personal online data is As a country, we have not stood for talking about all the personal trans- used and shared by the broadband pro- this in the past, this kind of free utili- actions that you do every day through vider to which they have been paying a zation of information by entities that the internet. monthly fee to use their service. Is may want to have a unique look at who So I rise today in opposition to this that too much to ask? I don’t think so. we are. We place stringent limits on resolution brought under the Congres- Please understand that broadband the use of information by our doctors. sional Review Act to disapprove the providers know a lot about every one of We place stringent limits on our banks. Federal Communications Commission’s us. In fact, it may be startling, the pic- When it comes to our children, I mean, broadband consumer privacy rules. I ture that your broadband provider can that ought to be off-limits. would think that the distinguished develop about your daily habits and Broadband providers can build simi- Senator sitting in the Chair, who val- then sell to the highest bidder. lar profiles about us and in fact may be ues privacy as he does—that this is Your home broadband provider can able to provide more detail about going to be something he would be con- know when you wake up every day ei- someone than any one of those entities cerned about, as well as every other ther by knowing the time each morn- can. Passing this Senate resolution Senator in this Chamber, because you ing that you log on to the internet to will take consumers out of the driver’s know that if you ask your constituents check the weather and news of the seat and place the collection and use of ‘‘Do you want your privacy invaded morning or through a connected device their information behind a veil of se- without your consent?’’ you know what in your home. crecy, despite the rhetoric surrounding the answer is going to be. That provider may know imme- our debate today suggesting that elimi- Americans care about their online diately that you are not feeling well, nating these commonsense rules will privacy. They want to have control that you kind of feel sick, assuming better protect consumers’ privacy on- over how their personal information is you peruse the internet, like most of us line or will eliminate consumer confu- exploited by third parties. In fact, a redo, to get a quick check on your symp- sion. cent survey by the Pew Research Cen- toms. In fact, your broadband provider Don’t fall for that argument, Sen- ter found that 91 percent of adults feel may know more about your health and ators. In fact, the resolution will wipe they have lost control of how their per- your reaction to illness than you are out thoughtful rules that were the sonal information is collected and then willing to share with your doctor. product of months of hard work by the used. That same study found that 74 Think about that. experts at the agency on regulating percent of Americans believe it is very Personal privacy? If you let this go communications networks of all kinds. important that they be in control of to the highest bidder, personal privacy Those rules were crafted based upon a who can get information about them, of sensitive information is going to be thorough record developed through an and a majority believe that their trav- out the window. extensive multimonth rulemaking pro- els around the internet—the sites they Your home broadband provider can ceeding. The FCC received more than visit and how long they spend in that build a profile about your listening and one-quarter of a million filings during location—are sensitive information viewing habits given that today most this proceeding. They listened to the that should be protected. I hope the of us access music, news, and video pro- American people. Senators are going to pay attention to gramming over broadband. The agency received extensive input this because we are talking about sen- Your broadband provider may have a from stakeholders in all quarters of the sitive, personal information. better financial picture of you than debate, from the broadband providers Do you know that your geolocation is even your bank or your brokerage firm and telephone companies to the public something that you are transmitting or your financial adviser because they interest groups and from academics to over the internet? Do you want your see every website you visit across individual consumers. We are going to location and where you have been to be every device in your home and can wipe all of this away at noon tomorrow

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.047 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1927 with a vote that you can do it by 50 when they use their broadband service? ation of the rule at the FCC, and there votes in this Chamber? I don’t think What is wrong with telling customers is a judicial system. That is the appro- this is what the people want. with whom they share this sensitive in- priate way. Go back and get the FCC to On top of this, the rules are based on formation? What is wrong with letting amend—if you all are so concerned—or longstanding privacy protections main- customers have a say in how their in- let the judicial system work its will, tained by the FCC for telephone com- formation is used? What is wrong with but do not do it in one fell swoop in a panies, as well as the work of and the recognizing that information about a majority rule in this body tomorrow at principles advocated by the Federal consumer’s browsing history and ap noon. Trade Commission and advocated by usage, sensitive and personal informa- In fact, the critics of the FCC’s rules State attorneys general and others in tion, should be held to a higher stand- have an open proceeding at the FCC in protecting consumer privacy. The FCC ard before it is shared with others? which they can argue on the record rules put in place basic safeguards for What is wrong with all of that? with an opportunity for full public par- consumers’ privacy based on three con- What is wrong with seeking a participation to change and alter these cepts that are widely accepted as the ent’s consent before information about rules. basis for privacy regulation in the their children’s activities or location is If the FCC did it—you have a new United States and around the world: sold to the highest bidder? Do we as FCC, a new Chairman, a new majority notice, choice—individual choice, con- parents not go out of our way to pro- on the FCC—let them be the ones to sumer choice—and security, those tect our children’s well-being and their amend the rules after all the safe- three. They are not the radical pro- privacy? Trying to overturn this rule is guards of the open hearings, of the posals that some would have you be- what is wrong. comment period, all of that. By con- lieve they are. What is wrong with protecting contrast, what we are using here to invade First, the rules require broadband sumers from being forced to sign away our privacy is a blunt congressional in- providers to notify their customers their privacy rights in order to sub- strument called the Congressional Re- about what types of information it col- scribe to a broadband service? I want view Act. It means that all aspects of lects about the individual customers, your internet service. Do I have to sign the rules adopted by the FCC must be when they disclose or permit access to away the rights to my private informa- overturned at once, including changes that information, and how customers tion—private, sensitive information? to the FCC’s telephone privacy rules. can provide consent to that collection What is wrong with making companies It would deny the agency the power and disclosure. take reasonable efforts to safeguard to protect consumers’ privacy online, Second, the rules give consumers the security of consumers’ data? and it would prevent the FCC—get choice by requiring broadband pro- What is wrong with making compa- this—prevent them, the FCC, the regu- viders to obtain a customer’s affirma- nies notify their subscribers when they latory body that now has a new chair- tive opt in; in other words, I give you have had a breach? Again, I ask my man and a new majority—it would pre- my consent before you can use or share colleagues: What in the world is wrong vent the FCC from ever adopting even my sensitive personal information. with giving consumers increased similar rules. I don’t think that is As I mentioned earlier, sensitive in- choice, transparency, and security on- what we want to do because it does not formation includes a customer’s pre- line? make sense. That is exactly what we cise geographic location—I don’t think Supporters of the joint resolution fail are about to do. you want some people to know exactly to acknowledge the negative impact I also want to address the argument where you are—your personal informa- this resolution is going to have on the that the FCC rules are unfair to tion, health, financial, information American people. This regulation is broadband providers because the same about your children, your Social Secu- going to wipe away a set of reasonable, rules do not apply to other companies rity number—how many laws do we commonsense protections. I want to in the internet ecosystem. Supporters have protecting Social Security num- emphasize that. Is it common sense to of this resolution will argue that the bers—the content you have accumu- protect our personal, sensitive, private other entities in the internet eco- lated on the web, web browsing, and ap- information? Of course it is. But we are system have access to the same per- plication usage information. just about—in a vote at noon tomor- sonal information that the broadband For information considered nonsen- row, with a majority vote, not a 60- providers do. sitive, broadband providers must allow vote threshold, a majority vote here— They argue that everyone in the data customers to opt out of use and sharing we are just about to wipe all of that collection business should be on a level of such information. Broadband pro- out. It will open our internet browsing playing field. Well, I ask my colleagues viders must provide a simple, persist- histories and application usage pat- whether they have asked their con- ently available means for customers to terns up to exploitation for commer- stituents that question directly. Do exercise their privacy choices. cial purposes by broadband providers Americans really believe that all per- Third, broadband providers are re- and third parties who will line up to sons who hold data about them should quired to take reasonable measures to buy your information. be treated the same? I venture to guess protect customers’ information from It will create a privacy-free zone for that most Americans would agree with unauthorized use, disclosure, or access. broadband companies, with no Federal the FCC that companies that are able They must also comply with specific regulator having effective tools to set to build detailed particulars about you breach notifications. In other words, if rules of the road for collection, use, and build those particular pictures somebody has busted the internet and and sale of that uniquely personal in- about your lives through unique in- stolen all of this information from the formation of yours. It will tie the sights because of what you do every site, don’t you think you ought to be hands of the FCC because they cannot day in their internet usage—shouldn’t notified that your personal informa- go back. Once this rule is overturned, those companies be held to a higher tion was hacked? Well, that is one of they cannot go back and redo this rule. standard? the requirements. It will tie the hands of the Federal In addition, the FCC’s rules still So then I ask my colleagues: What in Communications Commission and allow broadband providers to collect the world is wrong with requiring eliminate the future ability to adopt and use their subscribers’ information. broadband providers to give their pay- clear, effective privacy and data secu- The providers merely need to obtain ing customers clear, understandable, rity protections for you as a sub- consent from those activities when it and accurate information about what scriber, in some cases even for tele- comes to their subscribers’ highly sen- confidential and potentially highly phone subscribers. sitive information. personal information those companies To be sure, there are those who dis- The FCC also found that broadband collect? What is wrong with getting agree with the FCC’s broadband con- providers, unlike any other companies their consent to collect that informa- sumer privacy rules. There is an ave- in the internet ecosystem, are uniquely tion from their subscribers? nue for those complaints. These same able to see every packet of information What is wrong with telling customers companies that are pushing the joint that a subscriber sends and receives— how their information is collected resolution have filed for reconsider- every packet of information that you

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.048 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1928 CONGRESSIONAL RECORD — SENATE March 22, 2017 send or receive over the internet while The PRESIDING OFFICER. Is there In enacting these lopsided rules, the on their networks. So if you have a objection? FCC seems to have gone out of its way provider, they are on your iPhone, and Without objection, it is so ordered. to disregard established FTC practice you are using them, they are seeing ev- Mr. THUNE. Mr. President, the inter- by creating new regulations that differ erything. That is not the case if you go net has grown at an unbounded rate in significantly from the FTC’s tried-and- to Google because Google sees only the years since its inception, a phe- true framework. The FTC’s privacy re- what you do while you are on Google. nomenon no one can argue with. Much gime is clear, easy to understand, and But the internet provider, the pipe that of that growth can be attributed to the applies evenly throughout the market- is carrying your information—they see light-touch regulatory approach that place. By contrast, the FCC’s rules are everything that you do. the government adopted in the early complex, confusing, and often lead to Supporters of the joint resolution days of the web. the same data being treated inconsist- also hold out the superiority of the As chairman of the Commerce Com- ently online. Federal Trade Commission’s efforts on mittee, which has jurisdiction over the The FCC’s action would harm con- protecting privacy. They argue that internet, I have worked hard to pro- sumers in other ways as well. Even there should be only one privacy cop on mote policies that encourage the pri- though no consumer wants to be in the the beat. But, folks, that ignores re- vate sector to invest in and grow the dark about newer and cheaper services, ality. The FTC doesn’t do everything. internet ecosystem as a whole. All of the FCC’s rules actually make it more There are a number of privacy cops on that is jeopardized, however, if govern- difficult for customers to hear about the beat. Congress has given the FCC, ment bureaucrats have the ability to new, innovative offerings from their the FTC, the FDA, and NHTSA regu- overregulate the digital world. When it broadband providers. And because the latory authority to protect consumers’ comes to overregulating the internet, FCC imposed heavy-handed data re- privacy. one need look no further than the quirements on these internet compa- You had better get this clear because Democratic-controlled Federal Com- nies, they will have less ability to offer the FCC is the only agency to which munications Commission under Presi- services that are tailored to their cus- dent Obama. Congress has given statutory authority tomers’ needs and interests. Further- In a world that was turning away—it to adopt rules to protect broadband more, the FCC unfairly distorted the was literally turning away from the customers’ privacy. The FTC, the Fed- marketplace when it imposed unneces- eral Trade Commission, does not have legacy telecommunication services and, instead, toward dynamic internet sarily onerous privacy restrictions on the rulemaking authority in data secu- broadband providers while leaving the rity, even though commissioners at the applications, the FCC found its role rest of the internet under the strong FTC have asked Congress for such au- gradually diminishing. This is an inevitable and good byproduct, I might add, and successful regime at the FTC. thority in the past. Given recent court When speaking about the economic cases, the FTC now faces even more in- of a more competitive environment brought about by technological innova- opportunities the internet now affords surmountable legal obstacles to taking us, President Obama’s last FCC chair- action, protecting broadband con- tion and successful light-touch poli- man declared that ‘‘government is sumers’ privacy. cies. where we will work this out.’’ So don’t be fooled by this argument Yet the Obama FCC fought hard ‘‘Government is where we will work that folks are telling you over here against this technological progress this out.’’ that it ought to be the FTC, the Fed- and, instead, pursued an aggressively Well, I couldn’t disagree more. I be- eral Trade Commission. As many have activist and partisan agenda that put lieve the marketplace should be the pointed out, elimination of the FCC’s government edicts ahead of real con- center of the debate over how our dig- rules will result in a very wide chasm, sumer desires. Over the last 2 years, ital networks would function, not the where broadband and cable companies the FCC has made a stunning bureau- FCC. I believe consumers and job cre- have no discernible regulation while cratic power grab. First, the FCC ators should be the ones deciding about internet ‘‘edge’’ companies abide by stripped away the Federal Trade Com- new technologies, not the government. the FTC enforcement efforts. mission’s authority to police internet Without clear rules of the road, providers and seized that for itself by The resolution before us today is the broadband subscribers will have no cer- recharacterizing such services as mo- first step toward restoring regulatory tainty of choice about how their pri- nopoly-era telecommunications. balance to the internet ecosystem. The vate information can be used and no Then in 2016, the FCC, which has lit- best way for that balance to be protection against its abuse—no pro- tle experience regulating internet pri- achieved is for there to be a single, uni- tection, my fellow Americans, of your vacy, decided to turn our country’s pri- form set of privacy rules for the inter- personal, sensitive, private data. That vacy laws on their head by abandoning net—the entire internet—rules that ap- is why this Senator supports the FCC’s the time-tested enforcement approach propriately weigh the need to protect broadband consumer privacy rules. of the FTC, the Federal Trade Commis- consumers with the need to foster eco- I want to encourage my fellow Sen- sion. These actions by the FCC ignored nomic growth and continued online in- ators: You had better examine what both common sense and real world data novation. you are about to do to people’s per- and, instead, focused on hypothetical The FCC is simply the wrong venue sonal privacy before you vote to over- harms of the future. for that effort. Its statutory scope is turn this rule tomorrow. Ignoring years of internet ecosystem too narrow, and it lacks institutional I urge my colleagues to vote against precedent, where everyone was treated expertise on privacy. The current the joint resolution. the same, the FCC’s 2016 broadband pri- chairmen of the FCC and the FTC both Mr. President, I yield the floor. vacy regulations would apply only to recognize this, having jointly called for The PRESIDING OFFICER (Mr. certain parts of the internet. This is a returning jurisdiction over broadband TILLIS). The Senator from South Da- source of significant concern because providers’ privacy and data security kota. at any particular time, consumers will practices to the FTC ‘‘so that all enti- ORDERS FOR THURSDAY, MARCH 23, 2017 not have reasonable certainty of what ties in the online space can be subject Mr. THUNE. Mr. President, I ask the rules are and how their privacy de- to the same rules.’’ unanimous consent that when the Sen- cisions will be applied. For those reasons, I support the reso- ate completes its business today, it ad- Are you at home on Wi-Fi? At home lution before us that would provide journ until 9:30 a.m., Thursday, March on a smartphone? Using your congressional disapproval of the Obama 23; further, that following the prayer smartphone on a friend’s Wi-Fi? Using administration’s misguided and unfair and pledge, the morning hour be the Internet at a library? Each of these attempts to regulate the internet, and deemed expired, the Journal of pro- could have very different privacy im- I encourage my colleagues to support ceedings be approved to date, the time plications for a consumer because of the resolution as well. for the two leaders be reserved for their the FCC’s piecemeal approach to pri- To those people who have heard that use later in the day, and morning busi- vacy, leading to more confusion and this resolution somehow results in the ness be closed; finally, that the Senate uncertainty, not increased privacy pro- elimination of all online protections resume consideration of S.J. Res. 34. tections, as promised. for consumers, I can assure you those

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.052 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1929 claims are simply unfounded scare- contempt or obloquy, or will represent a (4)(a) The committee may poll— mongering. If this resolution is en- clearly unwarranted invasion of the privacy (i) internal committee matters including acted, it will repeal only a specific of an individual; those concerning the committee’s staff, (d) will disclose the identity of any in- records, and budget; rulemaking at the FCC that has yet to former or law enforcement agent or will dis- (ii) steps in an investigation, including be implemented. What we are talking close any information relating to the inves- issuance of subpoenas, applications for im- about here hasn’t even been imple- tigation or prosecution of a criminal offense munity orders, and requests for documents mented yet. It will not touch the FCC’s that is required to be kept secret in the in- from agencies; and underlying statutory authority. In- terests of effective law enforcement; or (iii) other committee business that the deed, the FCC will still be obligated to (e) will disclose information relating to the committee has designated for polling at a trade secrets or financial or commercial in- meeting, except that the committee may not police the privacy practices of formation pertaining specifically to a given broadband providers, as provided for in vote by poll on reporting to the Senate any person if— measure, matter, or recommendation, and the Communications Act. The new (i) an act of Congress requires the informa- may not vote by poll on closing a meeting or chairman of the FCC confirmed this tion to be kept confidential by Government hearing to the public. when he appeared before the Commerce officers and employees; or (b) To conduct a poll, the chair shall cir- (ii) the information has been obtained by Committee earlier this month. No mat- culate polling sheets to each member speci- the Government on a confidential basis, fying the matter being polled and the time ter what happens with this resolution, other than through an application by such limit for completion of the poll. If any mem- the FTC will continue to have its au- person for a specific Government financial or ber requests, the matter shall be held for a thority to police the rest of the online other benefit, and is required to be kept se- meeting rather than being polled. The chief world. cret in order to prevent undue injury to the clerk shall keep a record of polls; if the com- It is my hope that once the Senate competitive position of such person. (f) may divulge matters required to be kept mittee determines by record vote in open passes this resolution, the House will session of a majority of the members of the move quickly to take it up and send it confidential under other provisions of law or Government regulations. committee present that the polled matter is to the President for his signature be- (3) Notice of, and the agenda for, any busi- one of those enumerated in rule I(2)(a)–(e), cause, before our country can get back ness meeting or markup shall be provided to then the record of the poll shall be confiden- on the right track, we must first move each member and made available to the pub- tial. Any member may move at the com- past the damaging regulations adopted lic at least 72 hours prior to such meeting or mittee meeting following a poll for a vote on in the waning days of the Obama ad- markup. the polled decision. ministration. II. CONSIDERATION OF BUDGET RESOLUTIONS V. PROXIES I thank Senator FLAKE for his leader- (1) If the chair of the committee makes When a record vote is taken in the com- ship on this issue. Without his tireless proposed legislative text of a concurrent res- mittee on any bill, resolution, amendment, efforts, we would not be here today, olution on the budget available to all com- or any other question, a quorum being mittee members by 12:00 p.m., five days prior present, a member who is unable to attend standing ready to move decisively to- to the start of a meeting or markup to con- the meeting may vote by proxy if the absent ward a better future for the internet. sider the resolution, during that meeting or member has been informed of the matter on I urge my colleagues to support the markup: which the vote is being recorded and has af- resolution that we will vote on tomor- (a) it shall not be in order to consider a firmatively requested to be so recorded; ex- row at noon. first degree amendment unless the amend- cept that no member may vote by proxy dur- ment has been submitted to the chief clerk ing the deliberations on Budget Resolutions f by 5:00 p.m. two days prior to the start of the unless a member is experiencing a health MORNING BUSINESS meeting or markup, except that an amend- issue and the chair and ranking member ment in the nature of a substitute offered by agree to allow that member to vote by proxy the chair of the committee shall not be re- on amendments to a Budget Resolution. quired to be filed in advance, and VI. HEARINGS AND HEARING PROCEDURES COMMITTEE ON THE BUDGET (b) it shall not be in order to consider a second degree amendment unless the amend- (1) The committee shall make public an- ment has been submitted to the chief clerk nouncement of the date, place, time, and RULES OF PROCEDURE by 5:00 p.m. on the day prior to the start of subject matter of any hearing to be con- the meeting or markup, and ducted on any measure or matter at least 1 Mr. ENZI. Mr. President, I ask unani- (c) it shall not be in order to consider a week in advance of such hearing, unless the mous consent that the rules of the Sen- side-by-side amendment unless the amend- chair and ranking member determine that ate Committee on the Budget for the ment has been submitted to the chief clerk there is good cause to begin such hearing at 115th Congress be printed in the by 5:00 p.m. on the day prior to the start of an earlier date. RECORD. the meeting or markup, and the amendment (2) At least 24 hours prior to the scheduled There being no objection, the mate- is filed in relation to a particular first de- start time of the hearing, a witness appear- ing before the committee shall file a written rial was ordered to be printed in the gree amendment that is considered by the committee. statement of proposed testimony with the RECORD, as follows: (2) During consideration of a concurrent chief clerk who is responsible for circulating RULES OF PROCEDURE resolution on the budget, it shall not be in the proposed testimony to all members at I. MEETINGS order to consider an amendment that would the same time. The requirement that a witness submit testimony 24 hours prior to a (1) The committee shall hold its regular have no force or effect if adopted. hearing may be waived by the chair and the meeting on the first Thursday of each III. ORDER OF RECOGNITION ranking member, following their determina- month. Additional meetings may be called Those members who are present at the tion that there is good cause for the failure by the chair as the chair deems necessary to start of any meeting of the committee in- of compliance. expedite committee business. cluding meetings to conduct hearings, shall (2) Each meeting of the committee, includ- be recognized in order of seniority based on VII. COMMITTEE REPORTS ing meetings to conduct hearings, shall be time served as a member of the committee. (1) When the committee has ordered a open to the public, except that a portion or Any members arriving after the start of the measure or recommendation reported, fol- portions of any such meeting may be closed meeting shall be recognized, in order of ap- lowing final action, the report thereon shall to the public if the committee determines by pearance, after the most junior member. be filed in the Senate at the earliest prac- record vote in open session of a majority of IV. QUORUMS AND VOTING ticable time. the members of the committee present that (1) Except as provided in paragraphs (2) and (2) A member of the committee, who gives the matters to be discussed or the testimony (3) of this section, a quorum for the trans- notice of an intention to file supplemental, to be taken at such portion or portions— action of committee business shall consist of minority, or additional views at the time of (a) will disclose matters necessary to be not less than one-third of the membership of final committee approval of a measure or kept secret in the interests of national de- the entire committee: Provided, that proxies matter, shall be entitled to not less than 3 fense or the confidential conduct of the for- shall not be counted in making a quorum. calendar days in which to file such views, in eign relations of the United States; (2) A majority of the committee shall con- writing, with the chief clerk of the com- (b) will relate solely to matters of the com- stitute a quorum for reporting budget resolu- mittee. Such views shall then be included in mittee staff personnel or internal staff man- tions, legislative measures or recommenda- the committee report and printed in the agement or procedure; tions: Provided, that proxies shall not be same volume, as a part thereof, and their in- (c) will tend to charge an individual with counted in making a quorum. clusions shall be noted on the cover of the crime or misconduct, to disgrace or injure (3) For the purpose of taking sworn or report. In the absence of timely notice, the the professional standing of an individual, or unsworn testimony, a quorum of the com- committee report may be filed and printed otherwise to expose an individual to public mittee shall consist of one Senator. immediately without such views.

VerDate Sep 11 2014 04:13 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.053 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1930 CONGRESSIONAL RECORD — SENATE March 22, 2017 VIII. USE OF DISPLAY MATERIALS IN COMMITTEE 50TH ANNIVERSARY OF THE trepreneurs to develop and execute Committee members may use the elec- VIETNAM WAR their unique vision, helping innovators tronic display system provided in the com- Mr. KING. Mr. President, this month get their own small businesses up and mittee hearing room or physical graphic dis- Togus VA Maine Healthcare System running. plays during any meetings or hearings of the will observe the 50th anniversary of the Small business development centers committee. Physical graphic displays are are successful because they provide the limited to the following: Vietnam war by honoring veterans of the Vietnam war era and their fami- services of a large consulting firm on a Charts, photographs, or renderings: locally scaled level in areas that may Size: no larger than 36 inches by 48 inches. lies. Togus will welcome veterans, their families, and communities in a go unnoticed by other programs. They Where: on an easel stand next to the mem- ceremony at the Togus Theater in Au- provide tailored, individualized atten- ber’s seat or at the rear of the committee tion to over 450,000 entrepreneurs a room. gusta on March 23, 2017, to commemo- rate their service and sacrifices and to year, which resulted in $6.9 billion in When: only at the time the member is new sales in 2015. That same year, speaking. thank them for dedicating both strength and service in defense of our America’s small business development Number: no more than two may be dis- centers aided in the creation of over played at a time. freedom. Throughout the war, the United 100,000 jobs, and the small businesses IX. CONFIRMATION STANDARDS AND they serve averaged a growth rate of PROCEDURES States deployed nearly 3 million servicemembers to Vietnam. Over 58,200 15.5 percent, which is nearly eight (1) Standards. In considering a nomination, Americans made the ultimate sacrifice, times the national average. the committee shall inquire into the nomi- One of many success stories that can and more than 150,000 were wounded nee’s experience, qualifications, suitability, be told is that of Velma, a marketing during the conflict. Our veterans self- and integrity to serve in the position to software firm in Nampa, ID. Founded lessly served this country, and they de- which he or she has been nominated. The in 2006, the firm focused on empowering committee shall recommend confirmation if serve to be recognized for their unwav- loan officers to create stronger rela- it finds that the nominee has the necessary ering patriotism, courage, and resil- tionships through a customized direct integrity and is affirmatively qualified by ience that exemplifies the strength of email program. The recession of 2008 reason of training, education, or experience the American spirit and our Nation’s to carry out the functions of the office to hit Velma hard, and in 2010, the com- commitment to democracy worldwide. which he or she was nominated. pany entered into the small business Maine played a critical role in the (2) Information Concerning the Nominee. development centers business accel- war effort. Those who served in the Each nominee shall submit the following in- erator program. The structure of the Vietnam war represent the largest con- formation to the chief clerk, who will dis- program provided organizational dis- tingent of veterans in Maine, and their tribute to the chairman and ranking member cipline, and the firm pivoted to pro- at the same time: record of service has earned them our viding email marketing for mortgage eternal gratitude. Nearly 48,000 soldiers (a) A detailed biographical resume which companies. Since the firm began par- contains information concerning education, from Maine served in Vietnam, and al- ticipating in the accelerator program, employment, and background which gen- most 350 Mainers lost their lives or Velma has quadrupled its employees erally relates to the position to which the in- went missing in action during the war. and created a sustained positive cash dividual is nominated, and which is to be For this observance of the 50th anni- made public; flow. versary of the Vietnam war, I am proud It is a privilege for my colleague and (b) Information concerning financial and to recognize the brave Americans who other background of the nominee which is to I to recognize America’s Small Busi- be made public; provided, that financial in- served, both overseas and here on the ness Development Centers Day today, formation that does not relate to the nomi- homefront. Their service makes this March 22, 2017, and we wish them con- nee’s qualifications to hold the position to country great, and their countless per- tinued success as they work to support which the individual is nominated, tax re- sonal sacrifices to protect our freedoms the next generation of America’s small turns or reports prepared by federal agencies can never be fully repaid. It is my business owners and entrepreneurs. that may be submitted by the nominee shall, honor to express my gratitude to our after review by the chair, ranking member, Mrs. SHAHEEN. Mr. President, as veterans for their service during the ranking member of the U.S. Senate or any other member of the committee upon Vietnam war and their many contribu- request, be maintained in a manner to en- Committee on Small Business and En- sure confidentiality; and, tions to the State of Maine and our trepreneurship, it is a privilege to join (c) Copies of other relevant documents and great Nation. Chairman RISCH as we celebrate the responses to questions as the committee may f first ever Small Business Development so request, such as responses to questions Center Day, which will unite the more RECOGNIZING SMALL BUSINESS concerning the policies and programs the than 1,000 small business development DEVELOPMENT CENTERS nominee intends to pursue upon taking of- centers, SBDCs, across the country fice. Mr. RISCH. Mr. President, on behalf with the hundreds of thousands of en- (3) Report on the Nominee. After a review of myself and my colleague Senator of all information pertinent to the nomina- trepreneurs they have assisted in their tion, a confidential report on the nominee SHAHEEN, I would like to recognize the 37-year history. may be prepared by the committee staff for contributions made to our Nation and Small businesses are the engine of the chair, the ranking member and, upon re- its small businesses by the good work our economy, creating two out of every quest, for any other member of the com- of America’s small business develop- three new jobs in the United States. As mittee. The report shall summarize the steps ment centers. As chairman and rank- Chairman RISCH stated, since 1980, taken and the results of the committee in- ing member of the Senate Committee America’s SBDCs have provided these quiry, including any unresolved matters that on Small Business and Entrepreneur- small businesses with high-quality, have been raised during the course of the in- ship, Ranking Member SHAHEEN and I low- or no-cost consulting, and a vari- quiry. understand the impact that boosting ety of educational programs across the (4) Hearings. The committee shall conduct small businesses makes, with 99.7 per- a hearing during which the nominee shall be country. Together with SBA’s other re- called to testify under oath on all matters cent of all firms across America being source partners—women’s business cen- relating to his or her suitability for office, small businesses and their employees ters, veterans business outreach cen- including the policies and programs which he making up 48 percent of the total ters, and SCORE chapters—SBDCs or she would pursue while in that position. workforce. have enhanced the ability of America’s No hearing or meeting to consider the con- America’s small business develop- small businesses to grow and create firmation shall be held until at least 72 hours ment centers provide small businesses jobs. after the following events have occurred: the across the country with high-quality, To provide some context for what nominee has responded to the requirements low- or no-cost consulting, and a vari- this means to our economy, the asso- set forth in subsection (2), and, if a report described in subsection (3) has been prepared, it ety of educational programs. These ciation representing SBDCs estimates has been presented to the chairman and centers operate in all 50 States to sup- that SBDC clients start a new business ranking member, and is available to other port an established network of small every 30 minutes, create a new job members of the committee, upon request. businesses while encouraging new en- every 5 minutes, generate $100,000 in

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MR6.022 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1931 new sales every 7.5 minutes, and raise the Smithsonian Institution’s National edgment and medals he earned for his $100,000 in capital every 11 minutes. Museum of the American Indian, bravery and service. Job growth for SBDC clients is nearly NMAI. Mr. Halona was part of the D-Day in- 10 times greater than job growth for Pablita had a full career on Capitol vasion. Serving in the Army, he and his the average business. Hill for many years until her retire- fellow soldiers landed in Normandy, on Under the leadership of Dr. Richard ment, always advocating for Native Utah Beach, in July 1944. They were Grogan, the New Hampshire SBDC causes. She lobbied for the Navajo Na- part of the third wave of American sol- State director, New Hampshire SBDCs tion; worked as a legislative aide to diers to land, and there were already have helped thousands of small busi- U.S. Representative Ben Nighthorse many casualties scattered on the ness owners and entrepreneurs realize Campbell from Colorado; staffed the beach. their dreams, start new businesses, and U.S. House Interior Committee’s Office Mr. Halona was a gunner. As he and create jobs. Last year alone, New of Indian Affairs under my uncle, U.S. his battalion started moving inland, Hampshire SBDC counseled and trained Representative Mo Udall; held a legis- they encountered heavy gunfire from more than 2,500 businesses and assisted lative liaison position at the Smithso- Germans who were dug into mountain- in the formation of more than $39 mil- nian Institute; and served as special as- tops along the beach in cement bunk- lion in capital for New Hampshire’s sistant with the NMAI. ers. The American troops returned the small businesses. Pablita attended the first congres- gunfire and fought for over 3 hours be- For example, NH SBDC has been in- sional hearing on NMAI in 1987, worked fore they destroyed two German bunk- strumental for Julie Lapham, the for its establishment through congres- ers. Mr. Halona’s battalion stopped fur- founder and chief sales officer of a sional legislation, and worked on its ther casualties and took control of the startup in Dover, NH, called Popzup. highly successful private fundraising beachfront. They headed to Brussels and then on Popzup is a family-owned business that drive. Her work was instrumental to to Bonn and Luxembourg, where the provides a new popcorn product for starting and building the museum. U.S. had established a military base. health-conscious consumers. As Julie Pablita was also an accomplished Winter came upon them, and they were explained it, her local SBDC helped to sculptor. Inspired by the strength, snowed in for 4 months. After the snow prepare her for a Shark Tank-style beauty, and serenity of Native women, cleared, the battalion moved to take pitch competition in which she took her sculptures have been described as ‘‘smooth, round and sensuous.’’ Her over Munich, where they saw firsthand home a first-prize award of $10,000. the death and destruction of the Holo- artwork won many awards at the Santa They have helped her understand her caust. In Stuttgart, they drove out the Fe Indian Market, was included in a financing options and continue to stay Germans, captured Hitler’s top gen- Smithsonian National Museum of involved and support her company’s erals, transferred them to jail in American History exhibition, and is growth. Nuremburg, and kept guard. Mr. held in the permanent collection of the I hope my colleagues will join me and Halona himself guarded NMAI. Pablita commented of her Chairman RISCH in celebrating SBDC Reichsmarschall Hermann Goering for sculptures that ‘‘. . . the female figu- Day and acknowledging their local several hours. Mr. Halona credited his rines sing, talk, and reflect the seasons SBDCs for their accomplishments and Navajo traditions and prayers for help- and Navajo spiritual ceremony. I am the role that they play in helping small ing him during and after the war. businesses create jobs. making a statement with my art about When Mr. Halona was finally given f the importance of family, community the honors owed in 2012, he received the and my heritage.’’ ADDITIONAL STATEMENTS Good Conduct Medal, European-Afri- Pablita passed away January 31, 2017, can-Middle Eastern Campaign Medal at age 63. She completed many circles with one Silver Service Star, World in her life, and I honor all that she ac- War II Victory Medal, the Honorable REMEMBERING PABLITA TA-NEZ- ∑ BAH ABEYTA complished. Service Lapel Button WWII, and the f ∑ Mr. UDALL. Mr. President, Ta-Nez- Sharpshooter Badge with Rifle Bar Bah means in Navajo ‘‘one who com- REMEMBERING WILSON M. Presentation. I was deeply honored pletes a circle.’’ Ta-Nez-Bah was an apt HALONA that he asked me to present his medals. middle name for Pablita Abeyta whose ∑ Mr. UDALL. Mr. President, I wish to Mr. Halona served the Navajo Nation life encircled art, advocacy, and dedi- pay tribute to Wilson Miles Halona, an with distinction as well. He was a cation to Native peoples. outstanding member of the Navajo Na- member of the Navajo Nation Council Pablita Ta-Nez-Bah Abeyta was born tion, a loving husband and father, and for four terms and president of the in Gallup, NM, in 1953, to Narciso Ha- a courageous American veteran. Sadly, Tohatchi chapter for eight terms. He So-De Abeyta and Sylvia Ann (Shipley) at age 95, he passed away February 28, was first appointed to the advisory Abeyta. Her father was Navajo and an 2017. board for the Navajo Housing Author- internationally recognized painter and Mr. Halona was born January 1, 1922, ity and then served as its first chair. silversmith. Her mother was Anglo and in the Chuska Mountains near He was instrumental in developing the a Quaker and an accomplished ceram- Tohatchi, NM. His maternal clan was housing authority—The Navajo Hous- ist and weaver in her own right. the Ashiihi, Salt People Clan, and his ing Authority was one of the first trib- Pablita and her six siblings were paternal clan was To’hani, Near the al housing authorities to be funded by raised in and around the arts and the Water People Clan. He was the son of the U.S. Department of Housing and traditions of the Navajo people. Each sheep herders, Barney and Annie Urban Development—and making sure had an artistic talent. Her sister Eliza- Halona. One of his sons tells the story that Navajo people had better living beth was a masterful sculptor and ce- of Mr. Halona’s mother going into conditions. He worked to develop the ramic artist; her brother Tony is a labor with him as she was herding Indian Health Service within the Nav- highly acclaimed painter and jeweler; sheep in the middle of winter. She ajo Nation and to build schools on the and her sister Alice Seely is a nation- stopped to give birth, outside in the reservation. He even helped create the ally recognized sculptor, painter, and cold, and then went back to herding. Navajo rodeo association. Mr. Halona’s jeweler. He came from strong stock. service to his tribe stretched far and Pablita attended the Institute for This is the second time I have had deep. American Indian Arts in Santa Fe and the privilege to honor Mr. Halona. The Mr. Halona was married to his wife, received a masters in public affairs first was on November 20, 2012, at the Ruby Arviso, from 1942 until her pass- from the University of New Mexico in Pueblo Indian Cultural Center in Albu- ing in 2013. He had 7 children, and is 1983. querque, New Mexico. Mr. Wilson was a survived by 5, along with 16 grand- She then headed off to Washington, World War II hero, but had not received children and 29 great-grandchildren. DC, where she would combine advocacy the recognition he deserved. Almost 60 Wilson Miles Halona lived a life of and art the rest of her life and where years after the war, his family worked service to family, tribe, and Nation. I she would play a key role in founding to make sure he received the acknowl- honor his life and his work.∑

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.051 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1932 CONGRESSIONAL RECORD — SENATE March 22, 2017 MESSAGE FROM THE PRESIDENT H.R. 1297. An act to amend the Homeland By Ms. BALDWIN (for herself and Mrs. Security Act of 2002 to make technical cor- CAPITO): A message from the President of the rections to the requirement that the Sec- S. 693. A bill to amend the Public Health United States was communicated to retary of Homeland Security submit quad- Service Act to increase the number of per- the Senate by Mr. Pate, one of his sec- rennial homeland security reviews, and for manent faculty in palliative care at accred- retaries. other purposes. ited allopathic and osteopathic medical schools, nursing schools, social work schools, f H.R. 1353. An act to amend the Homeland Security Act of 2002 to require certain addi- and other programs, including physician as- PRESIDENTIAL MESSAGE tional information to be submitted to Con- sistant education programs, to promote edu- gress regarding the strategic 5-year tech- cation and research in palliative care and nology investment plan of the Transpor- hospice, and to support the development of NOTICE OF THE CONTINUATION OF tation Security Administration. faculty careers in academic palliative medicine; to the Committee on Health, Edu- THE NATIONAL EMERGENCY f cation, Labor, and Pensions. WITH RESPECT TO SOUTH MEASURES REFERRED By Mr. KING (for himself and Mr. COR- SUDAN THAT WAS DECLARED IN NYN): EXECUTIVE ORDER 13664 OF The following bills were read the first S. 694. A bill to amend the Internal Rev- APRIL 3, 2014—PM 3 and the second times by unanimous enue Code of 1986 to increase the standard consent, and referred as indicated: charitable mileage rate for delivery of meals The PRESIDING OFFICER laid be- to elderly, disabled, frail, and at risk individ- H.R. 1297. An act to amend the Homeland fore the Senate the following message uals; to the Committee on Finance. Security Act of 2002 to make technical cor- By Mr. WARNER (for himself and Ms. from the President of the United rections to the requirement that the Sec- COLLINS): States, together with an accompanying retary of Homeland Security submit quad- report; which was referred to the Com- S. 695. A bill to avoid duplicative annual rennial homeland security reviews, and for reporting under the Internal Revenue Code mittee on Banking, Housing, and other purposes; to the Committee on Home- of 1986 and the Employee Retirement Income Urban Affairs: land Security and Governmental Affairs. Security Act of 1974, and for other purposes; H.R. 1353. An act to amend the Homeland to the Committee on Health, Education , To the Congress of the United States: Security Act of 2002 to require certain addi- Section 202(d) of the National Emer- Labor, and Pensions. tional information to be submitted to Con- By Mrs. FISCHER (for herself, Mrs. gencies Act (50 U.S.C. 1622(d)) provides gress regarding the strategic 5-year tech- MCCASKILL, and Mr. HELLER): for the automatic termination of a na- nology investment plan of the Transpor- S. 696. A bill to amend title 5, United tional emergency unless, within 90 tation Security Administration; to the Com- States Code, to appropriately limit the au- days prior to the anniversary date of mittee on Commerce, Science, and Transpor- thority to award bonuses to Federal employ- its declaration, the President publishes tation. ees; to the Committee on Homeland Security in the Federal Register and transmits to f and Governmental Affairs. By Mr. DAINES: the Congress a notice stating that the MEASURES PLACED ON THE S. 697. A bill to amend the Internal Rev- emergency is to continue in effect be- CALENDAR enue Code of 1986 to lower the mileage yond the anniversary date. In accord- threshold for deduction in determining ad- ance with this provision, I have sent to The following bill was read the sec- justed gross income of certain expenses of the Federal Register for publication the ond time, and placed on the calendar: members of reserve components of the enclosed notice stating that the na- H.R. 1181. An act to amend title 38, United Armed Forces, and for other purposes; to the tional emergency declared in Executive States Code, to clarify the conditions under Committee on Finance. Order 13664 of April 3, 2014, with respect which certain persons may be treated as ad- By Ms. CANTWELL (for herself, Ms. judicated mentally incompetent for certain MURKOWSKI, Mrs. MURRAY, and Mrs. to South Sudan is to continue in effect purposes. FEINSTEIN): beyond April 3, 2017. S. 698. A bill to establish a national pro- f The situation in and in relation to gram to identify and reduce losses from land- South Sudan, which has been marked EXECUTIVE AND OTHER slide hazards, to establish a national 3D Ele- by activities that threaten the peace, COMMUNICATIONS vation Program, and for other purposes; to security, or stability of South Sudan the Committee on Commerce, Science, and The following communication was Transportation. and the surrounding region, including laid before the Senate, together with By Mr. MURPHY (for himself, Mr. widespread violence and atrocities, accompanying papers, reports, and doc- TESTER, Mrs. MURRAY, Mr. MARKEY, human rights abuses, recruitment and uments, and was referred as indicated: Mr. BLUMENTHAL, Ms. BALDWIN, Mr. use of child soldiers, attacks on peace- EC–1032. A communication from the Presi- BENNET, Mr. SCHATZ, and Mr. RANKEN): keepers and humanitarian workers, dent of the United States, transmitting, pur- F S. 699. A bill to amend title 38, United and obstruction of humanitarian oper- suant to law, the Budget Blueprint of the ations, continues to pose an unusual States Code, to direct the Secretary of Vet- United States Government for Fiscal Year erans Affairs to furnish mental and behav- and extraordinary threat to the na- 2018 received during adjournment of the Sen- ioral health care to certain individuals dis- tional security and foreign policy of ate in the Office of the President of the Sen- charged or released from the active military, the United States. For this reason, I ate on March 16, 2017; referred jointly, pursu- naval, or air service under conditions other have determined that it is necessary to ant to the order of January 30, 1975 as modi- than honorable, and for other purposes; to continue the national emergency de- fied by the order of April 11, 1986; to the the Committee on Veterans’ Affairs. Committees on the Budget; and Appropria- By Mrs. MURRAY (for herself, Ms. clared in Executive Order 13664 with re- tions. spect to South Sudan. BALDWIN, Mr. BENNET, Mr. BROWN, f and Mrs. GILLIBRAND): DONALD J. TRUMP. S. 700. A bill to improve the reproductive THE WHITE HOUSE, March 22, 2017. REPORTS OF COMMITTEES assistance provided by the Department of f The following reports of committees Defense and the Department of Veterans Af- were submitted: fairs to severely wounded, ill, or injured MESSAGE FROM THE HOUSE members of the Armed Forces, veterans, and At 12:31 p.m., a message from the By Mr. HOEVEN, from the Committee on their spouses or partners, and for other pur- Indian Affairs, without amendment: poses; to the Committee on Veterans’ Af- House of Representatives, delivered by S. 249. A bill to provide that the pueblo of Mr. Novotny, one of its reading clerks, fairs. Santa Clara may lease for 99 years certain By Mrs. GILLIBRAND (for herself, Mr. announced that the House has passed restricted land, and for other purposes (Rept. BLUMENTHAL, Mr. MORAN, Mrs. CAP- the following bill, without amendment: No. 115–8). ITO, Mr. KING, and Ms. COLLINS): S. 305. An act to amend title 4, United f S. 701. A bill to improve the competitive- States Code, to encourage the display of the ness of United States manufacturing by des- flag of the United States on National Viet- INTRODUCTION OF BILLS AND ignating and supporting manufacturing com- nam War Veterans Day. JOINT RESOLUTIONS munities; to the Committee on Commerce, The message also announced that the The following bills and joint resolu- Science, and Transportation. By Mr. RISCH (for himself, Mr. CRAPO, House has passed the following bills, in tions were introduced, read the first and Mr. PERDUE): which it requests the concurrence of and second times by unanimous con- S. 702. A bill to amend the National Labor the Senate: sent, and referred as indicated: Relations Act and the Labor Management

VerDate Sep 11 2014 05:03 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MR6.005 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1933 Relations Act, 1947 to deter labor slowdowns (Ms. BALDWIN), the Senator from New title 38, United States Code, to improve at ports of the United States, and for other Hampshire (Mrs. SHAHEEN) and the the benefits and services provided by purposes; to the Committee on Health, Edu- Senator from Washington (Mrs. MUR- the Department of Veterans Affairs to cation, Labor, and Pensions. RAY) were added as cosponsors of S. 407, women veterans, and for other pur- By Mr. MORAN (for himself and Mr. poses. ROBERTS): a bill to amend the Internal Revenue S. 703. A bill to extend the authority of the Code of 1986 to permanently extend the S.J. RES. 17 Secretary of the Interior to carry out the railroad track maintenance credit. At the request of Mr. CORNYN, the Equus Beds Division of the Wichita Project; S. 425 name of the Senator from Kentucky to the Committee on Energy and Natural Re- At the request of Mr. CARDIN, the (Mr. PAUL) was added as a cosponsor of sources. name of the Senator from Washington S.J. Res. 17, a joint resolution approv- f (Ms. CANTWELL) was added as a cospon- ing the discontinuation of the process SUBMISSION OF CONCURRENT AND sor of S. 425, a bill to amend the Inter- for consideration and automatic imple- SENATE RESOLUTIONS nal Revenue Code of 1986 to improve mentation of the annual proposal of the Independent Medicare Advisory The following concurrent resolutions the historic rehabilitation tax credit, Board under section 1899A of the Social and Senate resolutions were read, and and for other purposes. Security Act. referred (or acted upon), as indicated: S. 534 S.J. RES. 27 By Mr. VAN HOLLEN (for himself and At the request of Mrs. FEINSTEIN, the At the request of Mr. CASSIDY, the Mr. CARDIN): name of the Senator from Hawaii (Ms. S. Con. Res. 11. A concurrent resolution HIRONO) was added as a cosponsor of S. name of the Senator from Mississippi recognizing the life and legacy of Henrietta 534, a bill to prevent the sexual abuse (Mr. WICKER) was added as a cosponsor Lacks during Women’s History Month; to the of minors and amateur athletes by re- of S.J. Res. 27, a joint resolution dis- Committee on the Judiciary. quiring the prompt reporting of sexual approving the rule submitted by the f abuse to law enforcement authorities, Department of Labor relating to ‘‘Clar- ification of Employer’s Continuing Ob- ADDITIONAL COSPONSORS and for other purposes. ligation to Make and Maintain an Ac- S. 573 S. 158 curate Record of Each Recordable In- At the request of Mr. PETERS, the At the request of Mr. RUBIO, the jury and Illness’’. name of the Senator from Maryland name of the Senator from Utah (Mr. S. CON. RES. 6 (Mr. VAN HOLLEN) was added as a co- LEE) was added as a cosponsor of S. 158, At the request of Mr. BARRASSO, the sponsor of S. 573, a bill to establish the a bill to eliminate the payroll tax for name of the Senator from Mississippi National Criminal Justice Commission. individuals who have attained retire- (Mr. COCHRAN) was added as a cospon- ment age, to amend title II of the So- S. 591 sor of S. Con. Res. 6, a concurrent reso- cial Security Act to remove the limita- At the request of Mrs. MURRAY, the lution supporting the Local Radio tion upon the amount of outside in- name of the Senator from Hawaii (Ms. Freedom Act. HIRONO) was added as a cosponsor of S. come which an individual may earn S. RES. 88 591, a bill to expand eligibility for the while receiving benefits under such At the request of Ms. STABENOW, the title, and for other purposes. program of comprehensive assistance name of the Senator from Illinois (Ms. for family caregivers of the Depart- S. 260 DUCKWORTH) was added as a cosponsor At the request of Mr. CORNYN, the ment of Veterans Affairs, to expand of S. Res. 88, a resolution expressing names of the Senator from South Da- benefits available to participants under the sense of the Senate that the Presi- kota (Mr. ROUNDS) and the Senator such program, to enhance special com- dent and the Secretary of State should from Kentucky (Mr. PAUL) were added pensation for members of the uni- ensure that the Government of Canada as cosponsors of S. 260, a bill to repeal formed services who require assistance does not permanently store nuclear the provisions of the Patient Protec- in everyday life, and for other pur- waste in the Great Lakes Basin. poses. tion and Affordable Care Act providing f for the Independent Payment Advisory S. 636 Board. At the request of Mrs. MURRAY, the STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS S. 261 name of the Senator from California At the request of Mr. BLUNT, the (Mrs. FEINSTEIN) was added as a co- By Mr. DAINES: name of the Senator from Oklahoma sponsor of S. 636, a bill to allow Ameri- S. 697. A bill to amend the Internal (Mr. INHOFE) was added as a cosponsor cans to earn paid sick time so that Revenue Code of 1986 to lower the mile- of S. 261, a bill to amend the Federal they can address their own health age threshold for deduction in deter- Food, Drug, and Cosmetic Act to im- needs and the health needs of their mining adjusted gross income of cer- prove and clarify certain disclosure re- families. tain expenses of members of reserve quirements for restaurants and similar S. 637 components of the Armed Forces, and retail food establishments, and to At the request of Mr. WYDEN, the for other purposes; to the Committee amend the authority to bring pro- name of the Senator from Montana on Finance. ceedings under section 403A. (Mr. TESTER) was added as a cosponsor Mr. DAINES. Mr. President, since 2001 our Nation has frequently called S. 266 of S. 637, a bill to amend titles XI and upon members of the National Guard At the request of Mr. HATCH, the XVIII of the Social Security Act to and Armed Forces Reserve to confront name of the Senator from Oklahoma provide greater transparency of dis- our enemies and protect our interests (Mr. INHOFE) was added as a cosponsor counts provided by drug manufactur- around the globe. of S. 266, a bill to award the Congres- ers. Without the contributions from the sional Gold Medal to Anwar Sadat in S. 672 Guard and Reserve components, the recognition of his heroic achievements At the request of Mr. CRUZ, the name joint force would be far less capable and courageous contributions to peace of the Senator from Mississippi (Mr. and unable to perform many critical in the Middle East. WICKER) was added as a cosponsor of S. tasks. S. 382 672, a bill to require a report on des- Often, members of the Guard and Re- At the request of Mr. MURPHY, his ignation of North Korea as a state serve incur out-of-pocket expenses to name was added as a cosponsor of S. sponsor of terrorism, and for other pur- travel to and from their training loca- 382, a bill to require the Secretary of poses. tions. There are many challenges that Health and Human Services to develop S. 681 these servicemembers face, but sub- a voluntary registry to collect data on At the request of Mr. TESTER, the sidizing the cost of training with after- cancer incidence among firefighters. names of the Senator from Ohio (Mr. tax income should not be one of them. S. 407 BROWN) and the Senator from New This issue is particularly relevant to At the request of Mr. CRAPO, the Hampshire (Mrs. SHAHEEN) were added Montana. My home State is widely rec- names of the Senator from Wisconsin as cosponsors of S. 681, a bill to amend ognized as having one of the highest

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MR6.008 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1934 CONGRESSIONAL RECORD — SENATE March 22, 2017 per capita veteran populations in the SUBMITTED RESOLUTIONS Whereas Women’s History Month is cele- Nation, with many Montanans serving brated in March to pay tribute to the many in the Guard or Reserve. The distances contributions women have made to the SENATE CONCURRENT RESOLU- United States; and between homes and training sites can TION 11—RECOGNIZING THE LIFE Whereas Henrietta Lacks and her immor- be challenging. As the son of a marine, AND LEGACY OF HENRIETTA tal cells have made a significant contribu- I understand the costs associated with LACKS DURING WOMEN’S HIS- tion to global health, scientific research, service. quality of life, and patient rights: Now, TORY MONTH therefore, be it With a deep appreciation for the Mr. VAN HOLLEN (for himself and Resolved by the Senate (the House of Rep- commitment and sacrifice expected Mr. CARDIN) submitted the following resentatives concurring), That Congress, dur- from members of Guard and Reserve, I concurrent resolution; which was re- ing Women’s History month— offer the Tax Relief for Guard and Re- ferred to the Committee on the Judici- (1) celebrates the life of Henrietta Lacks, ary: an African-American woman who unknow- serve Training Act. This bill lowers the ingly changed the face of medical science, S. CON. RES. 11 mileage threshold from 100 to 50 for contributing to lasting, worldwide improve- tax-deductible expenses. This change Whereas Henrietta Lacks, an African- ments in health; would put the Guard and Reserve on American woman born on August 1, 1920, in (2) honors Henrietta Lacks as a hero of Roanoke, Virginia, was raised by her grand- equal footing with most government modern medicine for her contributions to the father on a tobacco farm in Clover, Virginia; medical discoveries resulting from her HeLa and military travel regulations. Whereas Henrietta Lacks married David cells, which helped make possible some of The Tax Relief for Guard and Reserve ‘‘Day’’ Lacks in 1941 in Halifax County, Vir- the most important medical advances of the ginia, and they later moved to the Baltimore Training Act is a reasonable reform, last century; and County, Maryland, community of Turner (3) recognizes the legacy of Henrietta specifically targeted at those who are Station, to build a life for themselves and Lacks, which has contributed to develop- often asked to shoulder burdens for the their 5 children, Lawrence, Elsie, David, ments in bioethics and patient rights that common good. Deborah, and Joseph (Zakariyya); benefit all of the people of the United States. Whereas, in 1951, Henrietta Lacks, at the Mr. President, I ask unanimous con- age of 31, was diagnosed with cervical cancer, f sent that the text of the bill be printed and despite receiving painful radium treat- AUTHORITY FOR COMMITTEES TO in the RECORD. ments, Henrietta Lacks passed away on Oc- MEET tober 4, 1951; There being no objection, the text of Whereas medical researchers took samples Mr. CORNYN. Mr. President, I have 9 the bill was ordered to be printed in of Henrietta Lacks’ tumor during her treat- requests for committees to meet during the RECORD, as follows: ment and the HeLa cell line from her tumor today’s session of the Senate. They proved remarkably resilient; have the approval of the Majority and S. 697 Whereas Henrietta Lacks died 8 months Minority leaders. after her cancer diagnosis, leaving behind Be it enacted by the Senate and House of Rep- her children, husband, and ‘‘immortal cells’’ Pursuant to rule XXVI, paragraph resentatives of the United States of America in that would change the world; 5(a), of the Standing Rules of the Sen- Congress assembled, Whereas HeLa cells were the first immor- ate, the following committees are au- SECTION 1. SHORT TITLE. tal line of human cells, doubling every 24 thorized to meet during today’s session hours, dividing and replenishing indefinitely of the Senate: This Act may be cited as the ‘‘Tax Relief in a laboratory, and successfully growing COMMITTEE ON COMMERCE, SCIENCE, AND for Guard and Reserve Training Act’’. outside of the human body for longer than 36 TRANSPORTATION hours; SEC. 2. REDUCTION OF MILEAGE THRESHOLD Whereas Henrietta Lacks’ cells are unique, The Committee on Commerce, FOR DEDUCTION IN DETERMINING Science, and Transportation is author- ADJUSTED GROSS INCOME. grow by the millions, and are commer- cialized and distributed worldwide to re- ized to hold a meeting during the ses- (a) IN GENERAL.—Subparagraph (E) of sec- searchers, resulting in advances in medicine; sion of the Senate on Wednesday, tion 62(a)(2) of the Internal Revenue Code of Whereas the advances made possible by March 22, 2017, at 10 a.m. in room 106 of 1986 is amended— Henrietta Lacks’ cells and the revenues the the Dirksen Senate Office Building, to (1) by striking ‘‘100 miles’’ and inserting advances generated were not known to her conduct a hearing on ‘‘The Promises ‘‘50 miles’’, and family for more than 20 years; (2) by striking ‘‘for any period’’ and insert- Whereas an estimated 50,000,000 metric and Perils of Emerging Technologies ing ‘‘for any period (without regard to tons of HeLa cells have been distributed for Cybersecurity.’’ whether such period includes an overnight around the world to become the subject of COMMITTEE ON ENVIRONMENT AND PUBLIC stay)’’. more than 74,000 studies; WORKS Whereas Henrietta Lacks’ prolific cells (b) EFFECTIVE DATE.—The amendments The Committee on Environment and continue to grow and contribute to remark- made by this section shall apply to taxable Public Works is authorized to meet able advances in medicine, including the de- years beginning after December 31, 2016. during the session of the Senate on velopment of the polio vaccine, and drugs for March 22, 2017, at 10 a.m. in room 406 of SEC. 3. EXEMPTION FROM 2 PERCENT FLOOR ON treating the effects of cancer, HIV/AIDS, he- MISCELLANEOUS ITEMIZED DEDUC- mophilia, leukemia, and Parkinson’s disease; the Dirksen Senate office building. TIONS. Whereas Henrietta Lacks’ cells have been COMMITTEE ON FOREIGN RELATIONS (a) IN GENERAL.—Subsection (b) of section used in research that has contributed to the The Committee on Foreign Relations 67 of the Internal Revenue Code of 1986 is understanding of the effects of radiation and is authorized to meet during the ses- zero gravity on human cells; amended— sion of the Senate on Wednesday, Whereas Henrietta Lacks’ immortal cells (1) by striking ‘‘and’’ at the end of para- have informed research on chromosomal con- March 22, 2017 at 10 a.m., to hold a graph (11), ditions, cancer, gene mapping, and precision hearing entitled ‘‘Flashing Red: The (2) by striking the period at the end of medicine; State of Global Humanitarian Affairs.’’ paragraph (12) and inserting ‘‘, and’’, and Whereas Henrietta Lacks’ legacy has been (3) by adding at the end the following new COMMITTEE ON HEALTH, EDUCATION, LABOR, recognized around the world through memo- paragraph: AND PENSIONS rials, conferences, museum exhibitions, li- ‘‘(13) the deductions allowed by section 162 The Committee on Health, Edu- braries, and print and visual media; which consist of expenses paid or incurred by cation, Labor, and Pensions is author- Whereas Henrietta Lacks and her family’s the taxpayer in connection with the perform- experience is fundamental to modern bio- ized to meet, during the session of the ance of services by such taxpayer as a mem- ethics policies and informed consent laws Senate, to conduct a hearing entitled ber of a reserve component of the Armed that benefit patients nationwide by building ‘‘Nomination of Alex Acosta to serve as Forces of the United States for any period patient trust and protecting research par- Secretary of Labor’’ on Wednesday, (without regard to whether such period in- ticipants; cludes an overnight stay) during which such March 22, 2017, at 9 a.m., in room 430 of Whereas the family of Henrietta Lacks en- individual is more than 50 miles away from the Dirksen Senate Office Building. tered the groundbreaking HeLa Genome home in connection with such services.’’. COMMITTEE ON HOMELAND SECURITY Data Use Agreement in 2013 with the med- (b) EFFECTIVE DATE.—The amendments ical, scientific, and bioethics communities, The Committee on Homeland Secu- made by this section shall apply to taxable giving the family a role in regulating HeLa rity and Governmental Affairs is au- years beginning after December 31, 2016. genome sequences and discoveries; thorized to meet during the session of

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MR6.016 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1935 the Senate on Wednesday, March 22, owners of such vessels make annual struc- Senate, I ask unanimous consent that 2017, at 10 a.m. to conduct a hearing ti- tural alterations to at least 10 percent of the it stand adjourned under the previous tled ‘‘Perspectives from the DHS areas of the vessels that are not constructed order, following the remarks of Sen- of fire-retardant materials and for other pur- Frontline: Evaluating Staffing Re- poses (Rept. No. 115–5). ators SCHATZ and MARKEY. sources and Requirements.’’ S. 96. A bill to amend the Communications The PRESIDING OFFICER. Without COMMITTEE ON THE JUDICIARY Act of 1934 to ensure the integrity of voice objection, it is so ordered. The Committee on the Judiciary is communications and to prevent unjust or The Senator from Hawaii. authorized to meet during the session unreasonable discrimination among areas of Mr. SCHATZ. Thank you, Mr. Presi- the United States in the delivery of such of the Senate, on March 22, 2017, at 9:30 dent. communications (Rept. No. 115–6). It is really a simple proposition and a.m., in room SH–216 of the Hart Sen- By Mr. HOEVEN, from the Committee on it is a scary one. As soon as this legis- ate Office Building, to continue a hear- Indian Affairs, without amendment: lation is enacted, internet service pro- ing entitled ‘‘The Nomination of the S. 140. A bill to amend the White Mountain viders can collect your browsing data Honorable Neil M. Gorsuch.’’ Apache Tribe Water Rights Quantification Act of 2010 to clarify the use of amounts in and sell it without your permission. COMMITTEE ON VETERANS’ AFFAIRS the WMAT Settlement Fund (Rept. No. 115– Right now there is a lot of conversa- The Committee on Veterans’ Affairs 7). tion about who has jurisdiction, the is authorized to meet during the ses- f FTC or the FCC, and who is more ap- sion of the Senate on Wednesday, APPOINTMENTS propriate to govern internet privacy, March 22, 2017, at 10 a.m., in room SD– whether this should be public sector or G50 of the Dirksen Senate Office Build- The PRESIDING OFFICER. The private sector, but the basic question is ing. Chair, on behalf of the Vice President, this for the pending legislation, Should SUBCOMMITTEE ON AIRLAND pursuant to 10 U.S.C. 4355(a), appoints ISPs, your internet service provider, be The Subcommittee on Airland of the the following Senators to the Board of allowed to collect your browsing data Committee on Armed Services is au- Visitors of the U.S. Military Academy: without your permission and sell it? I thorized to meet during the session of the Honorable KIRSTEN E. GILLIBRAND think the answer for 98 percent of the of New York (Committee on Armed the Senate on Wednesday, March 22, public is a resounding no. 2017, at 3:30 p.m. Services) and the Honorable CHRIS- Right now there is a single Federal TOPHER MURPHY of Connecticut (Com- agency that has the authority to pro- SUBCOMMITTEE ON OCEAN, ATMOSPHERE, mittee on Appropriations). FISHERIES, AND COAST GUARD tect consumers and their privacy when The Chair, on behalf of the Vice it comes to data collected by ISPs, and The Committee on Commerce, President, pursuant to Section 1295b(h) that is the FCC, the Federal Commu- Science, and Transportation is author- of title 46 App., United States Code, ap- nications Commission, but the Repub- ized to hold a meeting during the ses- points the following Senators to the licans are proposing that the Congress sion of the Senate on Wednesday, Board of Visitors of the U.S. Merchant strip the FCC’s ability to protect your March 22, 2017, at 2:30 p.m. in room 253 Marine Academy: the Honorable GARY privacy, and when they succeed, the of the Russell Senate Office Building. C. PETERS of Michigan (At Large) and American people will lose the very few f the Honorable BRIAN SCHATZ of Hawaii Federal protections they have when it PRIVILEGES OF THE FLOOR (Committee on Commerce, Science and Transportation). comes to online privacy. Mr. MERKLEY. Mr. President, I ask The Chair, on behalf of the Vice Think about how much of your life is unanimous consent that my intern, President, pursuant to 14 U.S.C. 194(a), on line today—banking, health, your Brandy Boyce, be granted privileges of as amended by Public Law 101–595, and interactions with your kids, your kids’ the floor for the remainder of the day. further amended by Public Law 113–281, interactions with other kids. It is in- The PRESIDING OFFICER. Without appoints the following Senators to the credibly personal, and it is not just objection, it is so ordered. Board of Visitors of the U.S. Coast confidential information in a tradi- Mr. MURPHY. Mr. President, I ask Guard Academy: the Honorable MARIA tional sense or in a legal sense, it is unanimous consent that Dr. Laura CANTWELL of Washington (Committee really a complete picture of everything Willing, a health fellow in my office, be on Commerce, Science and Transpor- you are. That is why this is worth granted floor privileges for the remain- tation) and the Honorable RICHARD fighting about. It is worth protecting. der of the year. BLUMENTHAL of Connecticut (At That is why the FCC made these The PRESIDING OFFICER. Without Large). rules—to recognize that we live so objection, it is so ordered. The Chair, on behalf of the Vice much of our lives online and that in a Mr. NELSON. Mr. President, I ask President, pursuant to 10 U.S.C. 6968(a), lot of instances we don’t really feel unanimous consent that a detailee, appoints the following Senators to the like we have a choice about whether we Randolph Clark, and a fellow, Stacey Board of Visitors of the U.S. Naval are going to engage in a contract to get Stern Albert, who have worked on this Academy: the Honorable JEANNE SHA- broadband service. That is a necessity issue for the Commerce Committee, be HEEN of New Hampshire (Committee on for many of us. Consumers deserve granted floor privileges for the remain- Appropriations) and the Honorable some basic protections, not only do the der of this session. BENJAMIN CARDIN of Maryland (At Republicans want to get rid of the FCC The PRESIDING OFFICER. Without Large). rule that basically says an ISP cannot objection, it is so ordered. The Chair, on behalf of the Vice collect your data and sell it for commercial purposes, but they want to do f President, pursuant to 10 U.S.C. 9355(a), appoints the following Senators to the it in a way that will ensure that no REPORTS OF COMMITTEES Board of Visitors of the U.S. Air Force Federal agency, not a single one, will The following reports of committees Academy: the Honorable TOM UDALL of have jurisdiction over privacy for con- were submitted on March 21, 2017: New Mexico (Committee on Appropria- sumers using broadband. They are try- By Mr. THUNE, from the Committee on tions) and the Honorable MAZIE K. ing to take the referee off the playing Commerce, Science, and Transportation, HIRONO of Hawaii (Committee on field and for good. with an amendment in the nature of a sub- Armed Services). The problem is very simple. There stitute: f are actually two agencies that could S. 19. A bill to provide opportunities for have jurisdiction over privacy online, broadband investment, and for other pur- PROVIDING FOR CONGRESSIONAL but there was a Ninth Circuit Court de- poses (Rept. No. 115–4). DISAPPROVAL OF A RULE SUB- cision that made a ruling that removes By Mr. THUNE, from the Committee on MITTED BY THE FEDERAL COM- the jurisdiction of the Federal Trade Commerce, Science, and Transportation, MUNICATIONS COMMISSION—Con- Commission over online privacy in the without amendment: tinued S. 89. A bill to amend title 46, United broadband space. So of the two agen- States Code, to exempt old vessels that only ORDER FOR ADJOURNMENT cies, the FTC and FCC, the FTC, ac- operate within inland waterways from the Mr. THUNE. Mr. President, if there is cording to this Federal court, no longer fire-retardant materials requirement if the no further business to come before the has jurisdiction. Now it is on the FCC’s

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MR6.020 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1936 CONGRESSIONAL RECORD — SENATE March 22, 2017 side of the house, but if we repeal the Mr. MARKEY. Thank you, Mr. Presi- nies decided, because they were pretty FCC rule, the way the Congressional dent. much all monopolies, that they weren’t Review Act runs is that it will prevent We have a historic debate going on going to deploy it. So we had to change us from ever addressing something here in Congress. Yes, there is a lot of the rules in order to unleash this revo- ‘‘substantially similar’’ again. This discussion about the Russians cracking lution. isn’t about agreeing or disagreeing into our elections using electronic Now they are saying: Yes, but a light with this rule. This isn’t about whether technologies. We have a President of touch says no privacy protections. you think the FCC or FTC ought to ap- the United States who is contending That would be bad. People don’t really propriately deal with this. This isn’t a that his predecessor in the White want privacy protections. That is not question about whether you think we House wiretapped his apartment in the how I remember it when I was growing should exercise our prerogatives in the Trump Tower. We have stories about up. public or private sectors. This is about the compromise of websites all across When I was growing up, when the whether you think nobody should have America—this company, that company, salesman knocked on the front door, jurisdiction over your privacy online. millions of healthcare records, people’s you know what my mother would say? So what is the solution here? privacy compromised, front page, Don’t answer the front door. We don’t Well, we should work with private above the fold. This is huge. What is want the salesman in our living room. sector leaders, the FCC, and the FTC to going on in our country when this new That is what my mom said. Now, is it find a comprehensive approach to pri- technology allows for such an invasion different today? Is everyone saying: vacy online. That is what this legisla- into the privacy of the President of the Yes, come on in. Come into the kitch- tive body should be doing. Instead of United States, of citizens all across our en. Come into the living room. Come aggressively digging into this issue on country? into the bedroom. Come look at the behalf of consumers, we are actually These hearings are going on right kids who are sick. Come look at Grand- blowing up the only thing we have, now in rooms all across Capitol Hill. ma who is sick. We want you to see our which is this FCC rule. To repeat, by Everyone is concerned. Everyone is house. We want you to know every- using the Congressional Review Act, cross-examining witnesses, saying: thing about us, Mr. Salesman. Republicans are forever preventing the How can this happen in our country? Now the broadband provider knocks FCC from protecting your privacy if And then they are told: Oh, it is this on the front door. The broadband pro- you use broadband. new electronic technology which is out vider says: I want to provide this great I want to end by noting that 55 years there. It allows for the ability to be new service with a light touch. Let us ago this month, President Kennedy able to crack into the privacy of Presi- go into the key rooms into your gave a seminal speech about consumer dents and ordinary citizens. It makes it house—in your living room, in your rights. He spoke about the march of possible to make television sets that bedroom—let us put in this broadband technology, how it had outpaced old are purchased and then can be turned, technology, but we are also going to laws and regulations, and how fast that from a remote distance, into a moni- gather all this information about every progress had occurred. He noted that in toring device just looking at you in member of your family—your mother, just a few decades supermarkets went your living room. How can this hap- your father, your children—and we are from carrying 1,500 products to more pen? What are the rules? Is there going just going to gather it all, and then we than 6,000, doctors wrote 90 percent of to be any protection for the American are going to sell it to anybody we feel their prescriptions for drugs that no people? So night after night, story like selling it to. one had even heard of 20 years before, after story, look at the compromise of Let me ask you this. Have the values but let’s fast forward to the present the privacy, the security in our coun- of the American people changed in one day, and we have blown those numbers try, but out here on the Senate floor generation or are they the same? Do out of the water. The average super- tonight we have the Republican re- people want total strangers to know market carries 40,000 products; in 2015 sponse. The Republicans are saying to everything about you, and you have no alone, the FDA approved 51 new drugs; the American consuming public: You right to say no? None? Because that is and of course we now have the inter- have no privacy. If you are at home, if what this debate is about tonight, la- net, which in the United States grew you have Comcast or Verizon, if you dies and gentlemen. It is all about from 148 million users to nearly 240 have AT&T, and they are gathering all whether the Republicans are going to million in just 15 years. The next non- this information about you as your take away the rights of people to pro- incremental change in technology in broadband provider, every site you go tect their children, to protect their our lives will be the internet of things, to, everything you are doing, every- families from having all of this infor- in which we will have tens of billions of thing your children are doing, what mation which the broadband providers devices connected to each other and they are saying as of tonight, no pri- encourage people to put online to be interacting with us whether we like it vacy, no privacy if you have band- then sold as a product. Did you go to a or not. So the march of technology width. Everything is out there to be healthcare website to find out some- goes on, but what stays the same is the captured by these big broadband bar- thing about a disease a child in your bedrock principle that President Ken- ons, and then they can sell it. They can family has? Well, that is now a product nedy outlined; that consumers have the sell it. to be sold. There are plenty of insur- right to be safe, they have the right to What is the Republicans’ answer? ance companies that would love to be informed, they have the right to They say: Well, the internet thrives know all the people who have gone to choose, and they have the right to be because of a light touch—a light touch. that website to find out about that dis- heard. Those rights are in jeopardy. No, ladies and gentlemen, that is not ease. Do you really want that? That is The FCC took a small but important what created what we have here today. what this debate is all about. How step, and now the Republicans are We had to pass new regulations in 1996. much privacy are people entitled to in blowing that up. I know, I was there. I was the Demo- this country? Let me be clear. This is the single crat on the committee in the House. Are we going to give it to the biggest step backward for online pri- There was no broadband—not one home broadband companies to determine vacy in many years, and we have failed in America had broadband in 1996. Can that? That is what we are voting for to- the American people when it comes to I say that again? Not one home in night. They are saying: We need har- their privacy. We should be staring this America in 1996 had broadband. monization, meaning we need a stand- problem in the face, but what we are Today, for a 12-year-old, a 50-inch ard which is voluntary—voluntary. The doing tonight and tomorrow is making screen plugged into broadband, that is broadband companies decide what the it worse. That is why I will vote no, a constitutional right. It didn’t exist in level of privacy is. You subscribe to and I will urge my colleagues to vote 1996 anywhere. Was it because it hadn’t that company. You now have that level no on this resolution. been invented, that people hadn’t of privacy protection. What does that I yield the floor. thought through broadband, they mean? That means if they don’t want The PRESIDING OFFICER. The Sen- hadn’t thought through what was pos- to provide any privacy protection, that ator from Massachusetts. sible? No. It was because these compa- is the standard. They are saying: Well,

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.055 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1937 that law could then be enforced be- don’t want anyone coming into my liv- shouldn’t be Big Congress’s and Big cause they promised you no privacy. ing room. My mother didn’t want any- Government’s. Now, if they violate that policy in any one coming into the living room. My Big Government is now deciding you way, we could go after them. That real- grandmother didn’t want anyone com- have no privacy. The government is ly is what the Republican Party thinks ing into the living room, and I am sure moving in. Replacing Big Mother and about the private, most intimate infor- my great-grandmother in Ireland Big Father is Big Government. Big mation that ordinary families put on- didn’t want anyone coming into the Government is siding with Big Busi- line because there is only one company living room to whom they did not give ness and Big Broadband. That is what that knows everything, and that is the permission to come into the living is happening here today, and it is leav- broadband provider, that is Verizon, room, especially when the kids were at ing behind Big Mother and Big Father, Comcast, AT&T. Every other one of the home, but that is not the Republican who care about their kids. They are thousands of websites, they know what view. The Republican view is: Oh, the taking away the authority that parents is on their websites. They don’t know big broadband barons don’t like it? have had since the beginning of time what is on the other websites. Only one That is great. That is fine. up until now. company, your broadband provider, What is next? Think about it. They The broadband revolution now makes knows everything—has all of your in- can get the information about when all it possible to monetize privacy—to formation. Now what is the standard? of your family members are online, make money, to give entrepreneurs a What is the standard? The Republicans where they went, who they were talk- chance through light touch regula- say: No standard. Don’t worry about it. ing to, who they emailed. All of it is tion—which will create more jobs out Yes, the Federal Communications available to the broadband company. It there. Jobs for whom? Jobs for people Commission put a new rule on the is just a product to be sold to the high- who are learning about your kids, jobs books. Yes, the Federal Communica- est bidder. for people who are learning about how tions Commission says that if they Who wants this information out to make money off of your kids, jobs want to gather this information about there? You can make billions of dollars for people who do not care about your your children, they have to get your by selling this information to other kids. They care only about making a permission in order to sell that infor- companies that would love to data few more bucks. mation to somebody else. That is the mine your family so that they can pro- How hard is this? Which business rule right now. They gather informa- file your kids, profile grandma—profile school do you have to go to to have a tion about your children. They have it. anybody in your family—just so they 3-by-5 card to figure this out? It is If they want to sell it, they have to get can start to send in information and pretty simple, huh? your permission. You have to check a try to sell you stuff. What is the job of the Senate? The box. Yes, take all of the information on Do we really want people to be able job of the Senate is to ensure that we my child’s computer, and sell it. Sell it to sell this as a product? The privacy of animate these technologies with to people out there who want to know America is for sale. Is that what we human values, that we say to the in- about my child. have reached—that we are monetizing ventor, to the entrepreneur: Oh, I love That is the rule today. What they privacy? that whole idea of an automobile; that will say, as we vote tomorrow at noon- We are saying: Hey, we are just get- is fantastic. But do you know what? time, is no more permission from the ting in the way of the entrepreneurial Why don’t you build in some brakes? parents—none, zero, zilch. spirit of America. Do you know what? We are going to put up speed limits. We You are on your own, kids. For our whole history, we have gotten are going to have seatbelts. We are not Sorry, parents. The Republican Sen- in the way of the entrepreneurial spirit going to allow you just to put it out on ate decided you don’t keep those proof America. The salesman knocks on the road and just endanger the public tections. Why? Because it is a light the door, and you tell the salesman: Go or the passengers. We are going to have touch. People really do not care about away. You are not getting into our liv- some rules. privacy in the modern era. It is kind of ing room, Mr. Entrepreneur. We don’t It is great. Yes, invent that new med- like—privacy? Get over it. You don’t want you in our living room. icine, but we are also going to say to have any. Get over it. Get over it, say So there are two sides to this. Yes, you: Hey, do you know what? We are the Republicans. You don’t have any you want the entrepreneurial spirit to going to have a child’s safety cap on privacy. thrive, but, simultaneously, you should top of that medicine so a kid cannot Now we are going to hear them shed- have a right to say: No, Mr. Entre- get access to it. ding crocodile tears about all of the preneur. I don’t want your product. I We balance it. We animate each new electronic hacking that goes on in the don’t want you in my living room. I technology with the values that our United States. But do you know that don’t want you to have access to all of parents had and that our grandparents all of that combined is not even a the information of my children. Sorry, brought from the old country. It does thimble compared to the compromise Mr. Entrepreneur. I am sure you could not change. It is always the same. The of the privacy of 320 million Americans have made a fortune, but the fortune polling is 80 percent—Democrat, Re- that is going to be possible after this comes at too high of a price. publican, Independent, every ethnic rule is repealed tomorrow? It is the Ultimately, the founding principles group, every income group. rule that gives American families the of our society are that, yes, we are cap- Do you know who does not like the right to say: No, I don’t want you gath- italists, but we are capitalists with a rules? Entrepreneurs—entrepreneurs ering that information about my chil- conscience. We understand that there who want to monetize your privacy. dren. No, I don’t want you to sell infor- should be limits to how far you can go But it is always going to be at 80 per- mation about my children. That is in making a buck. There should be a cent, because what is, really, the dif- gone. That is the vote the Republicans limitation. ferentiating issue? Why would a Repub- will cast tomorrow. The die is cast. What the Grand Old Party wants to lican mother want her kids to have They are all going to do it. do is to roll back the broadband pri- their privacy compromised? You know It is unbelievable to me that, in one vacy rules that give you an ability, if that she does not. You know she does generation, we have gone from people you want, to say yes. You can just not. She doesn’t even know that this not letting the salesman into the living click and say yes to all of these compa- debate is going on. She doesn’t even room to allowing one company to come nies. Take all of my information. Take know that, after they repeal this rule, in and gather every bit of information all of grandma’s information. Take all it will be the Wild West. about every member of the family who of the kids’ information. You can just So there are real rules. Again, it is is online all day long. It is amazing to check that and say yes. That is in the the most important set of rules be- me. law. Do you want to give up all of your cause it is the broadband provider. Do you want to know what I believe? privacy? Push ‘‘yes.’’ Yet, under the ex- They get every bit of information. This I believe I have the same values that isting law, you can also push ‘‘no.’’ I is not just: Oh, I subscribed to this my grandmother had. I believe I have don’t want to give up my privacy. It newspaper, and I am reading this news- the same values as my mother had. I should be the consumer’s choice. It paper. Oh, I am at Google. Oh, I am

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.056 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1938 CONGRESSIONAL RECORD — SENATE March 22, 2017 over here at ESPN sports. Oh, oh, oh. Would you like people to know which Well, they don’t want to touch that There are hundreds of thousands of channels you are switching to? Say you because phones are still kind of sen- websites, and that website knows only have a satellite dish and are switching sitive. They don’t want to go there. about what you did on that website. from channel to channel, and at 11 But broadband, that is different. No, that is not what the broadband o’clock at night, you are just going to Websites, that is different. For some company knows. They know every- stop on this channel. They know which reason, that is different because what thing. They know everywhere you channel you stopped on. you are doing on the website, what you went. That is why they want this re- I passed a law back in 1999 that pro- are doing with your email in the mod- pealed. Just think of how valuable that hibits that information of which chan- ern era is what you do on your phone is. Just think of how much money they nel you stop on from ever being made every day, right? It is what you do on can make by selling all of that infor- public. You cannot sell that informa- your phone. So the goal has to be that mation about you and your family. tion. I am proud of that. Whose busi- we have the accountability for the Re- That is what we are debating to- ness is that? But it is there. They have publicans as we do this, this evening. night. We are debating a fundamental it. They have that information. President Trump is constantly rail- change in our country. Is it a heavy Now we have reached a broadband ing about the fake violations of his pri- touch as opposed to a light touch to revolution. Oh, isn’t this great? Isn’t vacy—totally fake violations of his pri- say that people’s privacy—that the se- this a fantastic revolution? Didn’t it vacy. You would think that a crime curity of their families—should be pro- occur because there was a light touch? had been committed, but there wasn’t. tected? Then let’s just shut down these No, there was not a light touch. You It never happened. But the way he yells hearings we are having and all of the see, we deregulated the telephone in- about it, it is almost un-American for crocodile tears being shed about what dustry and the cable industry so that anyone to compromise the privacy of is happening in our society. we could have the broadband revolu- him or anybody else. But these are How can all of this happen? tion beginning in 1996. going to be very real compromises of We go into top secret briefings. We But here is the paradox of deregula- the privacy of ordinary people in our get told: Oh, they tapped into this. tion. The paradox of deregulation is country. They cracked into that. People—Sen- that you need more regulations in So I am just going to give to my col- ators—sit there, and they ‘‘tsk, tsk’’ as order to make sure that the competing leagues the little Constitution that is to how terrible it is. Then, simulta- companies can gain access to the cap- now on the books to provide protec- neously, up here on the Senate floor, ital markets to raise the money so as tions for all Americans. It is very sim- they say: Oh, by the way, we are just to finally put pressure on the telephone ple. It requires the broadband company going to take away the right of a and cable companies to deploy to, No. 1, get consumer consent before mother and father to say, ‘‘No, you broadband. That is the paradox of de- using or sharing subscribers’ personal cannot crack into the information that regulation. You need more, so you open information—get your consent—No. 2, our family is putting online.’’ Oh, sure. it up to more competitors who then promote transparency by saying to the You don’t want to get into the way of wind up forcing these companies to fi- broadband company that they have to an entrepreneur who can figure out nally deploy broadband even though tell each consumer that they are actu- how to make money off of that. Why they had it decades beforehand. Inter- ally collecting this information about would we care about that? esting, isn’t it? It is the paradox of de- them. They have to constantly be tell- The absurdity of it all—the total ab- regulation. You need more. ing you that. No. 3 is to ensure that the surdity of it all—is that all of these Even as we did that, we knew that we broadband companies adopt data secu- people who are ‘‘entrepreneurs’’ can were going to need privacy laws be- rity protections and notify consumers get fabulously rich without compro- cause this aggregation of information if a breach occurs; that is, if all of this mising children’s privacy, grandma’s is something that goes right to the information is now wide open for God privacy. heart of this kind of tension that exists knows who—some hacker who has For somebody in the family who has in a capitalist society. a disease and just wants to go to that Some people say: No rules. You are gained information—they have to put website and find out about that disease interfering with my ability to make in the toughest possible security. Then, all by himself and who does not want money. if it does get compromised, they have anybody else in the family to know, That is what the car company said to tell the consumers immediately. why can’t he do that without won- about airbags, and that is what the car They can’t delay a month because it dering whether everyone else who went company said about seatbelts: Do not might be bad PR, 2 months because that website is now going to have that mandate to have us put it in as it is they are afraid it is going to affect information sold? The phone company going to undermine our product. their bottom line. They have to let or the cable company will say: Oh, But, over time, mothers and fathers people know that their personal infor- great. Let’s go find the insurance com- finally said: No, no, no. You cannot do mation has been compromised. pany that is in this region that would that. I don’t want the kids in the front So that is it. That is what is bugging want to know that that person might seat with no seatbelts. I don’t want them. That is what is bugging the Re- have that disease. You might not want people in our family in the backseat publicans. They want to make sure you to give him insurance, especially after with no seatbelts. don’t keep these protections. the Affordable Care Act is repealed by The same thing is true with safety So what does that mean? Well, after the Republicans. device after safety device. So privacy we vote tomorrow, after the Repub- Who cares about that, right? You plays that role when we are talking licans take these rules, these protec- have no privacy. Get over it, say the about information. tions off the books, after the internet Republicans. Get over it. Now, if the first step is broadband, no service providers, or the ISPs, get what Just think if we applied that to privacy, then, logically, they should they want, ISP will no longer stand for phone calls. What if people said the support the whole idea that if you are ‘‘internet service provider.’’ It is going phone company should be able to sell on your iPhone and you have called 50 to stand for ‘‘information sold for prof- the number of the person and the name people today, it is a product. So all of it.’’ It is going to stand for ‘‘invading of the person whom you called? How those people you called should be infor- subscriber privacy.’’ That is what ISP would you feel about that? Would you mation the telephone company can will stand for after tomorrow at noon- like that to be a product? You called sell. What would the argument be from time, high noon—the end of privacy on- this person at this time for a half an the other side? The other side would line, except for a light touch where it hour. Then you called that person back say, that is a light touch. That is a is voluntary. And we know these again another half an hour later. Then light touch. It is going to make it pos- broadband companies are definitely you called him again at night. Would sible for the phone company to make voluntarily going to give the highest you like people to know that—just as a more money. And believe me, they possible protections to American fami- product—and get the name, the num- would make a lot of money if they lies. We know that. Because if they ber, the time, and how long the call could sell the information about who wanted the highest possible protec- lasted? We have laws against that. every American called all day long. tions, they have them right now. They

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.058 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — SENATE S1939 want them off the books so they don’t existent voluntary guidelines that the This brings us to the great divide be- have to do anything. It will be vol- broadband companies are going to put tween ISPs and those who wish to pro- untary. on the books. tect the free and the open internet. The So these broadband behemoths want So you should want to choose, your- 21st century broadband internet is not to take control away from the sub- self, what information Verizon—if it a luxury. It is an essential tele- scribers and relentlessly collect and discloses information about your fam- communications service, just like tele- sell your sensitive information without ily—gets to disclose. You should decide phone service. Just as telephone com- permission. It could be about your that, not Verizon. You should decide panies cannot sell information about health, about your finances, about that. What they really want is to allow Americans’ phone calls, an internet your children. It can track your loca- AT&T to choose whether it protects service provider should not be allowed tion, draw a map of where you shop, consumers’ sensitive information from to sell sensitive consumer information where you work, where you eat, where breaches and unauthorized use, and without affirmative consent of that your children go to school, and then guess what the broadband barons’ family. sell that information to data brokers. choice is going to be? They are going to In fact, by putting the broadband pri- That is going to be an incredibly choose to pocket their profits and vacy rules on the books, the FCC did profitable industry that the Repub- throw your privacy out the door. harmonize privacy protections. They licans are opening up this week. Right Republicans want to sideline the Fed- harmonized broadband privacy protec- now, they are drafting up their busi- eral Communications Commission—our tions with the privacy framework that ness plans, just a 3-by-5 card all across broadband privacy cop on the beat— has prevented telephone companies the country. They have already basi- and create an unregulated Wild West from mining and selling information cally decided that the Republicans are where internet providers can do what- about our phone conversations for dec- going to have these votes; so let’s get ever they want with your private infor- ades. Yes, that is what they did at the on with these new rules. mation. They want to allow broadband FCC. They said: the same protections The broadband industry says that companies to write their own privacy for broadband information as we have they are an unnecessary burden, but, in rules. That is like asking a burglar to for phone company information when fact, this whole area is one that actu- program your security system. It you are dialing the numbers of people ally goes to the heart of who we are as makes no sense. Oh, come on in, Mr. all day long. That is how they har- Americans. I think that whether you Burglar, program my security system, monized it. They said that in the 21st are a very conservative person or a and then you can do whatever you century, broadband is the essential very liberal person, there should be a want in my living room when I am service that the phone was in the 20th small core number of American values gone on vacation this weekend. Just century, and the information on both that brings us together, and I would take anything you want—any of my should be given the same level of pro- put privacy in that group. We can fight private information, any of my private tection. That is harmonization. That is over the Affordable Care Act. We can furniture, anything you like in the a reflection of the revolution that took fight over how many new nuclear weap- house. place in telecommunications in the ons we need. We can fight over gay So we know the broadband industry— 1996 Telecommunications Act. That is marriage. We can fight over many, your wireless, your cable, your tele- what they are trying to take off the many issues—some of them religious, communications provider. They can’t books—the harmonization of the stand- some of them just strategic in terms of self-regulate themselves. These same ards that go back to grandma and what is best for our country moving companies struggle to show up on time grandpa. They made sure in 1934, when forward—but how can we fight over to install or to fix your service. You the Communications Act was written, your family’s privacy? I don’t under- might have to wait all day to have the that those protections were there. But, stand the ideological differentiation cable guy come and fix your cable sys- somehow or other, in 2017, it is no that is artificially being created by the tem. They give you a range that goes longer important that people don’t broadband companies’ insisting that like this: Well, we will be there be- know whom you called, that people the Republicans repeal those privacy tween 9 in the morning and 5 in the don’t know whom you are online inter- laws because all of this is now going to afternoon; right? And now they are acting with. be done without your consent, without saying: You can trust us. We are going So why did they do it? Well, they did your permission. to protect your privacy. You know we it because broadband and telephone If they wanted to document now how are the cable company. You know we services are essential telecommuni- many times you search online for heart are the broadband company. You can cations services that Americans rely disease, breast cancer, opioid addiction trust us. upon to thrive in the modern economy. treatments, and then sell that informa- Do we really trust the broadband in- The Federal Communications Commis- tion to an insurance company, they are dustry to determine what privacy pro- sion, last year, under Barack Obama, going to be able to do that. You are tections they give to their customers? just made sure that you got the same giving them permission just by sub- Strong broadband privacy rules mean privacy protections. Broadband and scribing. And you know what they say: that we don’t have to do anything. telephone companies should not be al- Oh, the marketplace will work; you can That is their definition. Let’s be clear. lowed to exploit their privileged posi- just go to the other broadband pro- The big broadband barons want to tions as telecom gatekeepers to use, to viders in town. Oh, there is no other monetize this. The subscribers have al- share, to sell sensitive information broadband provider in town? You are in ready given them money. It costs a lot about Americans’ online activities or rural America? Oh, sorry, you have to of money to subscribe to broadband phone calls. Yet, here we are, chipping use our company. Oh, there are no service so the kids can have a 50-inch away fundamental broadband privacy rules if you want to use our company— screen that is plugged in to be able to protections from the American public. no rules. see all of these things that are on the Now, all of this begs the question: They will say: Well, let the market- incredible multidimensional, multi- What other privacy protections are the place sort it out. What marketplace? functional screens. We are already pay- Republicans now going to put on the Maximum, in most places, there are ing a fortune for it. But they say that chopping block? Do they now oppose two companies you can have broadband is not enough. That is not enough. We the FCC’s rules preventing telephone service from, and they are both going need, say the broadband companies, to companies from collecting, using, and to say privacy protection is voluntary. ensure that we can also make more selling sensitive information about So there is no privacy. It is all going to money, and then taking all that infor- Americans’ phone calls? They certainly happen without your consent, and they mation by invading your privacy and oppose the FCC’s rules for preventing will just say: Oh, it is just so we can selling it. Broadband providers want to broadband companies from partaking harmonize the rules. Yes, they are do more than simply provide Ameri- in similar interests and practices. going to harmonize the rules. They are cans access to the internet. They want Now, the broadband industry will tell going to harmonize them so it is very to sell that privacy information to the us that these rules are unfair because efficient. You have the same non- highest bidder. they are different from the privacy

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.059 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1940 CONGRESSIONAL RECORD — SENATE March 22, 2017 rules for websites—Google, Facebook. to banks, to insurance companies, to the privacy of Americans. That vote Why should there be different rules? advertisers, to anyone else willing to tomorrow will represent that show- Well, every person out there knows pay top dollar for your personal infor- down moment. what the difference between Google mation without your consent. They are If we lose, please, out of good con- and the broadband provider is. Google confused about why we would rescind science, Republicans, just stop all this is one app; it is not thousands of apps. the rules ensuring broadband providers public concern about the compromise, So the whole argument is fallacious adhere to the best data security prac- the privacy, the President, the na- from the get-go. When you use Google, tices protecting subscribers’ sensitive tional security apparatus in our coun- you understand what your relationship information from breaches and unau- try. Believe me, the ordinary American is with Google. When you use thorized use, when we know there are is going to be made far more vulnerable ESPN.com, you know what the rela- unauthorized hacks every single day. tomorrow than anything any Russian tionship is with ESPN.com. But when We are in a historic fight to defend entity is ever going to do. It is going to you are using every service, now you America’s fundamental right to pri- be what we did to ourselves, what we are talking about the broadband com- vacy online, a fight to allow con- allowed to happen to our own citizens panies. They are the only ones that sumers, innovators, entrepreneurs, the at the hands of their own United States know everything about you, what you millions of Americans all across this Senate that is going to be a far greater are doing online, all day long, every country who rely upon the internet to threat to every ordinary family in our single day. That is under the jurisdic- control their own information. country. tion of the Federal Communications Instead of protecting our healthcare, I urge a ‘‘no’’ vote from my fellow Commission, following along their su- instead of protecting our environment colleagues on the Senate floor tomor- pervision of the telephone industry, and protecting our privacy, Repub- row. This goes right to the heart of which they have had rules on the books licans want to give it all away to their whether we understand technology, we to ensure that information can’t be friends and allies and big corporations. understand the responsibility we have sold without your permission. Those corporations don’t care about for the American people, to protect Why is this so important? It is im- consumer rights. They have one con- them from the worst aspects of it. portant because in the 21st century, cern, and one concern only, and that is There is a Dickensian quality to the having broadband service is like having their bottom line. That is making internet: It is the best of technologies, oxygen in your lungs. Everyone uses it. money. and it is the worst of technologies, si- The cornerstone of our country is Everyone is using it all day long. Ev- multaneously. This technology can en- capitalism with a conscience—with a eryone’s information is in the hands of able. It can ennoble. We want that to conscience. Massachusetts’ unemploy- these companies. People might as well be extracted from the internet. But it stop breathing as to disconnect from ment rate is 3.2 percent. We are proud can also degrade. It can also debase. It their broadband provider. That is why of that. We are a capitalist State. Mas- is the job of the U.S. Senate to protect we need strong rules—not self-regula- sachusetts is proud to have one of the the American people from that aspect tion—to prevent the internet service lowest unemployment rates in our of the internet. Tomorrow, if the Re- providers from mining and selling our country. We believe in capitalism, but publicans have their way, they will re- data without consent. we also believe we can have capitalism This is, for me, a historic fight to de- with a conscience. In this instance, it move the protections of the privacy of fend America’s fundamental right to means the protection of the privacy of Americans and allow for an expansion privacy. The broadband industry will people online, from having that fam- of the degrading and the debasing of say that if we don’t take these rules off ily’s sacred, secret information com- the privacy that ordinary Americans the books, subscribers will be confused. promised for a profit, with no ability— are entitled to in our country. There will be one set of standards for no ability, no right, none—for a family I thank the Presiding Officer for giv- the individual website and another set to say no. Take the broadband service ing me the opportunity to be here. of standards for the entire broadband or leave it. If you take it, you have no Mr. President, I yield the floor. internet service provider industry. privacy. f Frankly, consumers are only more con- The only people in this country who fused about why we aren’t doing more can protect those families are 100 Sen- ADJOURNMENT UNTIL 9:30 A.M. to tackle these important privacy ators who will be voting tomorrow. I TOMORROW issues. Consumers are confused about ask the Republican Senators, why The PRESIDING OFFICER. Under why we are spending time on the Sen- would they strip this privacy protec- the previous order, the Senate stands ate floor taking away privacy protection from ordinary families? Why adjourned until 9:30 a.m. tomorrow. tions. Consumers are confused about would they deny the right? All I can Thereupon, the Senate, at 7:07 p.m., why we would allow broadband compa- say is, overnight, all we can really say adjourned until Thursday, March 23, nies to sell their sensitive information is we tried. We really tried to protect 2017, at 9:30 a.m.

VerDate Sep 11 2014 01:38 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MR6.060 S22MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 22, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E361 EXTENSIONS OF REMARKS

TRIBUTE TO SYLVIA BARNARD— upon her retirement after over four decades of PERSONAL EXPLANATION CALIFORNIA’S 24TH CONGRES- public service and leadership in California. Ms. SIONAL WOMAN OF THE YEAR Rice has served our state as a teacher, an HON. LOUISE McINTOSH SLAUGHTER elected official, and an advocate for quality OF NEW YORK HON. SALUD O. CARBAJAL healthcare. IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA A native of Tucson, Arizona, Ms. Egeland Wednesday, March 22, 2017 IN THE HOUSE OF REPRESENTATIVES Rice came to California to earn a master’s de- Wednesday, March 22, 2017 Ms. SLAUGHTER. Mr. Speaker, I was un- gree in education at San Jose State Univer- avoidably detained and missed Roll Call vote Mr. CARBAJAL. Mr. Speaker, I rise today in sity. She stayed in California as she began numbers 176, 177, 178, 179, 180 and 181. honor of Women’s History Month. Every year, her family and her career as a science teach- Had I been present, I would have voted Aye we dedicate the month of March to give spe- er. While political issues always interested her, on votes 178 and 181. I would have voted cial recognition to the accomplishments and Ms. Egeland Rice first became personally in- Nay on votes 176, 177, 179 and 180. sacrifices made by America’s women. I con- f sider it an honor to highlight the extraordinary volved in the public sphere through her instru- women who are making a difference in my mental role in the campaign to build a new IN RECOGNITION OF ANN ARBOR’S district. I would like to recognize one out- sewage treatment plan to prevent ocean pollu- BOY SCOUT TROOP 4 IN THE standing woman: Sylvia Barnard, of Santa tion. CENTENNIAL YEAR OF ITS Maria, California. After the success of her first community or- FOUNDING After facing incredible challenges in her ganizing experience, Ms. Egeland Rice found early life, Sylvia has risen to not only empower a new passion for local involvement. She HON. DEBBIE DINGELL herself, but other women facing similar difficul- worked with the Santa Clara County Super- OF MICHIGAN ties in our community. Once a single mother IN THE HOUSE OF REPRESENTATIVES on welfare at nineteen years old, Sylvia de- visor’s office to ensure women were appointed cided that pursuing a higher education was to boards and commissions in the county. In Wednesday, March 22, 2017 the best way to ensure a better life for her and 1974, she launched her first campaign for the Mrs. DINGELL. Mr. Speaker, I rise today to her daughter and went on to get her Bach- California State Assembly and won with over recognize Ann Arbor’s Boy Scout Troop 4 in elor’s Degree from the University of California, 57 percent of the vote. When she took office, the year of its centennial. Boy Scout Troop 4 Santa Barbara (UCSB). Wanting to help other only one other woman served in the State As- has been a pillar of the Ann Arbor community single mothers, Sylvia used her education sembly. Ms. Egeland Rice later led the charge and has contributed to the well-being of south- from UCSB to write a book titled ‘‘One Mother to change members’ title from ‘‘Assemblyman’’ east Michigan through its century of activism to Another.’’ Her book focuses on the impor- to ‘‘Assembly Member’’ to reflect the body’s and service. tance of determination, resilience, and the growing diversity. Founded in March 1917 with an original positive impact of higher education. membership of ten boys and three adult lead- Currently, she passionately dedicates her- During her three terms in the Assembly, Ms. ers, Boy Scout Troop 4 has provided Ann self to leading The Good Samaritan Shelter, Egeland Rice successfully championed impor- Arbor youth with skills and experience while which gives support to the homeless and other tant legislation to improve children’s welfare, serving the community at large. The group ex- vulnerable populations, serving almost 2,000 public health, and access to healthcare across panded rapidly during the 1920s and 30s and people per year. The agency also helps vet- the state. After leaving the State Assembly, established itself as a key part of Ann Arbor erans, parolees, mothers fighting addictions, Ms. Rice became Chief Deputy Director for civic life. The troop has continued to build on and those in rehabilitation. As the Executive the California Department of Human Services, its early success and has collectively served Director, Sylvia has grown the small agency where she established an office in Los Ange- over 1,800 boys from Ann Arbor and the sur- from a shelter that had only eight rooms to rounding areas since its founding, including one that now has over fifteen rooms for peo- les and worked on maternal and children’s health. over 150 that have achieved the rank of Eagle ple to escape living on the street. Scout. Today, Troop 4 continues to remain ac- Sylvia began working at the Great Samari- Ms. Egeland Rice returned to Northern Cali- tive in Ann Arbor through projects like Scout- tan Shelter over sixteen years ago as a grant fornia to spend time with her family in 1998. ing for Food, which provides nutrition to needy writer, and about ten years ago took the helm There she began working with The Doctors individuals, as well as staffing local events like of the organization. Under the helm of her Company, a physician-owned insurance com- Kerrytown Bookfest and the Saline Celtic Fes- leadership, the shelter is now the largest pany. She helped lead the company’s growth tival. Additionally, the troop hosts camping homeless shelter provider for the Santa Maria over the past two decades, and served as events and trips for scouts around the state. area. These initiatives equip the Boy Scouts with ex- She has gone above and beyond the call of Senior Vice President of Government Rela- tions as well as Executive Director of the com- perience and ability to become leaders in the duty and is a force of light and positivity for community. pany’s charitable foundation. As The Doctors vulnerable communities in Santa Maria. I ask Troop 4’s long and distinguished history of Company expanded beyond California, Ms. all Members to join me today in honoring an service has helped create generations of civic- exceptional woman of California’s 24th Con- Egeland Rice developed partnerships with minded individuals who have the skills and ex- gressional District, Sylvia Barnard, for her in- other state governments. Furthermore, she perience that will serve them throughout their credible service to her community. championed the Corporate Charitable program lives. Through projects like restoring the St. f and implemented an Employee Charitable Gift Helena Light Station and visits to cultural insti- HONORING MS. LEONA EGELAND Matching program. tutions like the Cranbrook Institute and the RICE Mr. Speaker, Leona Egeland Rice has Jackson Space Institute, the leadership and served as a dedicated and influential teacher, members of Troop 4 have continued to build on its historic legacy and the accomplishments HON. MIKE THOMPSON public servant, and business leader in our of its alumni. It is my hope that Troop 4 con- OF CALIFORNIA community for over four decades. Therefore, it tinues to serve as a model for activism and IN THE HOUSE OF REPRESENTATIVES is fitting and proper that we honor Ms. help inspire leadership and a spirit of service Wednesday, March 22, 2017 Egeland Rice here today and extend our best in the community in the coming years. Mr. THOMPSON of California. Mr. Speaker, wishes for an enjoyable retirement. Mr. Speaker, I ask my colleagues to join me I rise today to honor Leona Egeland Rice in honoring Ann Arbor’s Boy Scout Troop 4 on

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

VerDate Sep 11 2014 04:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K22MR8.001 E22MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E362 CONGRESSIONAL RECORD — Extensions of Remarks March 22, 2017 its centennial in recognition of the troop’s dis- course on voting rights, abandoning opposi- niable that African Americans still suffer tinguished history. The troop has played a key tion to a Texas voter ID law in which a fed- from vestiges of slavery and Jim Crow. Dis- role in the growth and development of the eral court found 600,000 registered voters did crimination and institutional racism have not have IDs necessary to vote. held so many back and left many in need of state through its service projects and cultiva- Instead of protecting citizens from police government relief. Over the last half cen- tion of a new generation of community lead- who illegally discriminate against African tury, much of America’s progress has been ers. Americans, Attorney General Jefferson measured by how it has dealt with its origi- f Beauregard Sessions III has stated he does nal sin of slavery. Civil rights, voting rights, not favor the type of consent decrees used in advances in health care, public education, TRIBUTE TO DAWN ADDIS—CALI- Baltimore and Chicago to remediate condi- social justice and ladders of opportunity to FORNIA’S 24TH CONGRESSIONAL tions. enter the middle class have been markers by WOMAN OF THE YEAR Sessions has also rolled back President which we have judged presidential adminis- Obama’s efforts to phase out private prisons. trations. Sadly, this administration is fail- African Americans not only make up a dis- ing on all counts. HON. SALUD O. CARBAJAL proportionate share of the U.S. prison popu- f OF CALIFORNIA lation, but appear more likely to be sent to IN THE HOUSE OF REPRESENTATIVES private prisons, where the DOJ Inspector CONGRATULATING JERRY ANDER- General has warned there are more security Wednesday, March 22, 2017 SON FOR HIS INTRODUCTION incidents than in public prisons. INTO THE OHIO ASSOCIATED Mr. CARBAJAL. Mr. Speaker, I rise today in Sessions has threatened to thwart the will PRESS HALL OF FAME honor of Women’s History Month. Every year, of voters in states that have legalized mari- we dedicate the month of March to give spe- juana. African Americans are three times more likely than whites are to be arrested HON. ROBERT E. LATTA cial recognition to the accomplishments and for marijuana, despite usage being virtually OF OHIO sacrifices made by America’s women. I con- the same. IN THE HOUSE OF REPRESENTATIVES sider it an honor to highlight the extraordinary The new Education Secretary thinks women who are making a difference in my HBCUs, ‘‘are the real pioneers when it comes Wednesday, March 22, 2017 District. I would like to recognize one out- to school choice.’’ This is ignorant of seg- Mr. LATTA. Mr. Speaker, I want to recog- standing woman: Dawn Addis, of Morro Bay, regation that necessitated the creation of nize WTOL’s Emmy Award-winning anchor, California. HBCUs. Betsy DeVos has an education record Jerry Anderson, for his election to the Ohio Dawn saw the need for women in San Luis that does not bode well for public schools, Associated Press Hall of Fame. For more than which have provided a path for African Obispo County to rise together and vocalize Americans to achieve the American Dream. 40 years, Jerry has served Northwest Ohio as their demand for equal rights, which led to her The new HUD Secretary, Dr. Ben Carson, a valued and trustworthy face on the local becoming the co-founder and co-organizer of said within days of assuming office that news, and this honor is well deserved. the Women’s March San Luis Obispo (SLO). slaves were ‘‘immigrants,’’ a comment that In 1974, Jerry Anderson started his career Her hard work and dedication granted San bewildered many, including the NAACP. The in Bowling Green on the radio airwaves for Luis Obispo County residents the opportunity President’s recently-released budget pro- WFOB. Jerry began his television news career to participate in the single biggest one-day posal cuts $6 billion from this agency that so in 1980, and he has become one of the top many rely on. media members in the region. Jerry was demonstration in our nation’s history. Dawn of- The outlook for a minimum wage increase fered her community a platform to join a larger under this Administration is nil. The Presi- awarded an Emmy for Outstanding News An- movement and have their voices be heard. dent’s first pick to head the Department of chor in the NATAS region in 2001. Because of Dawn’s leadership, about Labor opposed a raise, despite there not hav- With a career that has touched on local, re- 10,000 people marched in unity through the ing been one since 2009. According to the gional, and national news, Jerry covered streets of downtown San Luis Obispo. She Economic Policy Institute, 35 percent of Af- countless important events to the people of also ensured that the march remained peace- rican-American workers would benefit from Toledo and surrounding areas. So far in his ful and non-violent by working with the San a minimum wage increase. career, Jerry has brought four national political Critical programs that help the most vul- conventions, the inaugurations of three presi- Luis Obispo Police Chief. She worked from nerable such as Meals on Wheels, heating various community members to organize a and energy assistance, and nutrition aid to dents, and Pope John Paul II’s visit to Detroit successful, inclusive and safe event. The re- women and children (WIC) would be dras- into the living room of families in Northwest sponse from San Luis Obispo citizens about tically cut or eliminated in the President’s Ohio. restoring their hope for the future was a testi- budget. In addition, the budget eliminates A proud Ohioan, Jerry should also be cele- mony for the importance of Dawn’s work. Community Development Block Grants and brated for support of local charitable efforts, Dawn’s leadership empowered women from HOME programs that provide affordable including earning his certification as an auc- housing for low-income residents. Legal tioneer so he may volunteer for more than 20 across San Luis Obispo County and allowed Services Corporation, which helps those who them to take part in a larger national con- charity auctions annually. Jerry also donates cannot afford legal representation, and the numerous hours as an emcee at community versation. I ask all Members to join me today Minority Business Development Agency, in honoring an exceptional woman of Califor- which helps promote minority-owned busi- events to help raise funding for local schools, nia’s 24th Congressional District, Dawn Addis, nesses, would be eliminated. Massive cuts to disadvantaged families, and individuals with for her incredible service to her community. these vital programs would be devastating to disabilities. Memphis. Mr. Speaker, the Ohio Associated Press f While these cuts would have a dispropor- Hall of Fame recognizes broadcasters that MEMPHIS COMMERCIAL APPEAL tional impact on African Americans, most have ‘‘served with exceptional distinction and OP-ED cuts will affect all those who are economi- honor in the field of journalism.’’ When you cally disadvantaged and in need of govern- think of the upstanding work he has done for ment assistance. HON. STEVE COHEN Republicans are also rushing a health care over four decades, it’s clear those words describe Jerry Anderson. Once again, congratu- OF TENNESSEE plan that takes from low and middle-income families and gives to the rich. According to lations to Jerry on this high honor. IN THE HOUSE OF REPRESENTATIVES the non-partisan Congressional Budget Of- f Wednesday, March 22, 2017 fice, 24 million more Americans would be un- TRIBUTE TO NANCY WEISS—CALI- Mr. COHEN. Mr. Speaker, I include in the insured by 2026 under this plan. Insurance costs for citizens over 50 years of age would FORNIA’S 24TH CONGRESSIONAL RECORD the following op-ed I recently wrote increase dramatically, and financial assist- WOMAN OF THE YEAR for the Memphis Commercial Appeal: ance would be drastically cut for those in Last year, then-candidate Donald Trump need. All while millionaires and billionaires condescendingly said to African Americans, receive massive tax breaks. HON. SALUD O. CARBAJAL ‘‘You live in your poverty, your schools are During Black History Month, Trump OF CALIFORNIA no good, you have no jobs . . . What the hell showed his ignorance of the African Amer- IN THE HOUSE OF REPRESENTATIVES do you have to lose?’’ ican experience when he suggested Frederick Wednesday, March 22, 2017 We now know the answer: a lot. Douglas was alive. His cabinet is on pace to Changes at the Department of Justice have the fewest African Americans of any Mr. CARBAJAL. Mr. Speaker, I rise today in (DOJ), alone, are alarming. Instead of serv- administration in recent memory. honor of Women’s History Month. Every year, ing its traditional role as guardian of civil While some African Americans have en- we dedicate the month of March to give spe- rights, DOJ is in full retreat. It has reversed joyed prosperity and acceptance, it is unde- cial recognition to the accomplishments and

VerDate Sep 11 2014 04:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A22MR8.003 E22MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS March 22, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E363 sacrifices made by America’s women. I con- THE NATIONAL ENDOWMENT FOR Upon graduating, Buddy worked as a radio sider it an honor to highlight the extraordinary THE ARTS AND ITS IMPACT IN announcer in Tennessee and Arkansas before women who are making a difference in my THE THIRTIETH DISTRICT OF eventually returning to Texas. He served his District. I would like to recognize one out- TEXAS country during World War II as part of the standing woman: Nancy Weiss, of Santa Bar- Army Air Corps and upon returning home he continued to pursue his goal of owning his bara, California. HON. EDDIE BERNICE JOHNSON OF TEXAS own radio station. He would ultimately do so After graduating from Boston University, IN THE HOUSE OF REPRESENTATIVES much more. In 1955, Buddy obtained a license Nancy attended the Culinary Institute with the to launch KWTX-TV in Waco and two years hope of becoming one of the nation’s best Wednesday, March 22, 2017 later he launched KBTX-TV in Bryan. Since chefs. Soon after graduating from the Culinary Ms. EDDIE BERNICE JOHNSON of Texas. their founding, these two CBS affiliates have Institute, she went to work for chef Gabino Mr. Speaker, the National Endowment for the provided news and entertainment to hundreds Sotelino. Nancy quickly became the head chef Arts was established in 1965 as an investment of *thousands of families throughout Central of a restaurant in Arizona, but wanted to cre- in our shared culture as a nation. President Texas. In fact, KBTX was one of the first sta- Lyndon Johnson at the signing ceremony for ate a place of her own. She opened an tions capable of color transmission, and was the National Foundation on the Arts and the the first in the Brazos Valley to use color news upscale pizzeria called Pop’s, and two years Humanities Act stated that ‘‘In the long history film. after the opening her restaurant was featured of man, countless empires and nations have Buddy would go on to establish other tele- on a PBS television special titled ‘‘Great Chefs come and gone. Those which created no last- vision and radio stations across Texas and of the West.’’ ing works of art are reduced today to short even into Louisiana. Then, in the 1970s he Now, Nancy is the Director of Food Services footnotes in history’s catalog.’’ I could not and a business partner purchased a control- for the Santa Barbara School District agree with this statement more. ling interest in the local Beilmead State Bank, (SBUSD), and she has revolutionized food Over the past five years, the NEA has pro- changed the name to American Bank, and ex- vided grants totaling more than $1.4 million to service for our students to an incredibly high panded it to a second location. local artists and organizations within the thir- Buddy took a risk at the time when he standard. She has eradicated fried foods, high tieth district of Texas. In return, these artists chose to establish a television station in a fructose corn syrup, and frozen entrees from and organizations have shared their unique town with a population of just 20,000. The the menu to give students the healthiest forms of expression throughout the region by media landscape in the 1950’s was dominated choices for their daily meals. Nancy has also creating programs focused on uniting commu- by radio and newspapers. Yet Buddy had a vi- made an enormous mark on making public nities around art, bringing arts awareness to sion and the desire to invest in a new form school cafeterias more environmentally friend- underserved areas, and strengthening arts media to serve the public. In this endeavor, he ly by banning Styrofoam trays. education programs in our local schools. was the epitome of a businessman and entre- In his first budget request, the President has preneur. Above all, he was a family man. He Nancy is dedicated to the health of her stu- proposed to eliminate the NEA. I believe the met his wife, Virginia, while attending Baylor dents, and guarantees that every fruit and elimination of this agency would be a grave University, and they were married for 74 years vegetable are sourced from local Santa Bar- mistake that would have a negative economic, before she passed away in 2014. They are bara farmers. Nancy has also enlisted a fleet educational, and cultural impact on countless survived by their two daughters, Ellen and of six food trucks to serve students at elemen- urban and rural communities across the coun- Martha, and ten grandchildren and great- tary schools without a cafeteria, and two pre- try. grandchildren. Buddy was often quoted say- school sites without meal programs. Nancy Programs such as the Dallas City of Learn- ing, ‘‘nothing lasts forever.’’ Though I am con- wants to ensure that our students can eat well ing, which provides a summer education pro- fident that one thing will—Buddy Bostick’s leg- during the summer months, and has expanded gram for more than 35,000 students, would acy will have an impact for generations to her responsibilities to include serving Santa not be as successful as they are today without come. Barbara’s kids over school vacations. support from the NEA. Countless perform- My wife, Gina, and I offer our deepest and ances, exhibitions, and festivals would be af- heartfelt condolences to the entire Bostick She has gone above and beyond the call of fected by this disastrous policy proposal. family. We also lift up the family and friends of duty and has led the way for current and fu- Mr. Speaker, I rise today to strongly oppose Buddy in our prayers. ture Food Service Directors. I ask all Members the President’s budget proposal which calls for As I close, I ask that all Americans continue to join me today in honoring an exceptional eliminating funding to the National Endowment to pray for our country, for our military men woman of California’s 24th Congressional Dis- for the Arts. We must ensure that arts pro- and women, who protect us abroad, and for trict, Nancy Weiss, for her incredible service to grams across the country are funded so that our first responders, who protect us here at her community. future generations will understand the culture home. of our time instead of this great period being f a mere footnote in history. f TRIBUTE TO SUZANNE CURTIS— f CALIFORNIA’S 24TH CONGRES- DUNK CITY HONORING MILFORD ‘‘BUDDY’’ SIONAL WOMAN OF THE YEAR BOSTICK HON. FRANCIS ROONEY HON. SALUD O. CARBAJAL HON. BILL FLORES OF CALIFORNIA OF FLORIDA OF TEXAS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, March 22, 2017 Wednesday, March 22, 2017 Wednesday, March 22, 2017 Mr. CARBAJAL. Mr. Speaker, I rise today in Mr. FLORES. Mr. Speaker, I rise today to honor of Women’s History Month. Every year, Mr. FRANCIS ROONEY of Florida. Mr. honor Milford ‘‘Buddy’’ Bostick of Waco, we dedicate the month of March to give spe- Speaker, I rise today in honor of Florida Gulf Texas, who passed away on January 4, 2017. cial recognition to the accomplishments and Coast University with their return into March Buddy Bostick selflessly served our nation sacrifices made by America’s women. I con- Madness for a second year in a row. The Ea- and Central Texas in so many ways, and he sider it an honor to highlight the extraordinary gles scored a big win against the No. 3 seed will be missed greatly. women who are making a difference in my North Florida on Sunday. This is the third Buddy was born on May 18, 1918 in District. I would like to recognize one out- NCAA Tournament appearance for the Eagles McLennan County, Texas. He graduated from standing woman: Suzanne Curtis, of San Luis since 2013. Moody High School and later attended Baylor Obispo, California. University, where he started his journalism ca- Suzanne is one of the quiet heroes of her I applaud the Florida Gulf Coast Eagles and reer as a radio announcer for WACO Radio. community by selflessly contributing her time Head Coach Dooley for their victory. There is Here Buddy planted the seeds of what would and resources over several years to the local a reason why FGCU is known as Dunk City— become a successful career in media broad- American Red Cross and victims of fires. She now go shut down more shot clocks. casting. is a Volunteer Coordinator of the San Luis

VerDate Sep 11 2014 04:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K22MR8.003 E22MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E364 CONGRESSIONAL RECORD — Extensions of Remarks March 22, 2017 Obispo chapter of the American Red Cross, witz led him to found Dignity U Wear, which to The National Disability Rights Network and is tirelessly working to aid victims of nat- date has provided over 9 million pieces of (NDRN) is the non-profit membership organi- ural disasters. Last year, San Luis Obispo clothing valued at over $160 million to those in zation for the federally mandated Protection and Advocacy (P&A) and Client Assistance County faced a devastating fire that consumed need. Program (CAP) systems for individuals with nearly 4,000 acres and forced residents to Henri once said, ‘‘From the darkness of con- disabilities. The P&As and CAPs were estab- evacuate their homes. During the Chimney centration camps grew many compassionate lished by the United States Congress to pro- Fire, Suzanne was instrumental to securing courageous and generous souls.’’ Henri tect the rights of people with disabilities and people shelter and ensuring and assisting in Landwirth’s vision to become a courageous their families through legal support, advo- their recovery from the disaster. and generous soul has been proven true in cacy, referral, and education. P&As and She continues to help natural disaster vic- the thousands of people he’s helped over the CAPs are in all 50 states, the District of Co- tims by serving as the local Red Cross Dis- years. His unwavering commitment and dedi- lumbia, Puerto Rico, and the U.S. Terri- aster Action Team dispatcher. In this capacity, cation to his community is immeasurable. tories (American Samoa, Guam, Northern Mr. Speaker, I applaud Henri Landwirth for Mariana Islands, and the US Virgin Islands), she aids community members affected by and there is a P&A and CAP affiliated with house fires, earthquakes, and flooding. Her his strong leadership and unyielding commit- the Native American Consortium which in- dedication to San Luis Obispo County’s dis- ment to philanthropy and our community. cludes the Hopi, Navaho and San Juan aster victims is volunteered, and Suzanne f Southern Paiute Nations in the Four Corners gives most of her free time to working on be- region of the Southwest. Collectively, the VETERANS 2ND AMENDMENT half of others and protecting her fellow com- P&A and CAP Network is the largest pro- PROTECTION ACT munity members’ safety. vider of legally based advocacy services to people with disabilities in the United States. As a retired U.S. Army Chief Warrant Offi- SPEECH OF H.R. 1181 prohibits the Department of Vet- cer, Suzanne continues to be a passionate erans Affairs, from considering a veteran to supporter of our troops and local veterans. HON. DAVID P. ROE be adjudicated as ‘‘mentally defective’’ for She is always willing to extend a helping hand OF TENNESSEE purposes of the right to receive or transport to those who need it. She set up a scholarship IN THE HOUSE OF REPRESENTATIVES firearms without the order or finding of a ju- specifically for women veterans at Cuesta Col- Thursday, March 16, 2017 dicial authority that such person is a danger to himself or herself or others. We oppose the lege, which is the sole funding available for Mr. ROE of Tennessee. Mr. Speaker, I in- them. reporting of names without full adjudication clude in the RECORD two letters from the Na- for a number of reasons, including: Suzanne has been a champion for natural tional Disabilities Rights Network and the Na- The damaging message of a policy that fo- disaster victims and selflessly works for those tional Rifle Association in support of H.R. cuses on reporting individuals who, for ex- who need it most. I ask all Members to join 1181: ample, receive assistance in managing their me today in honoring an exceptional woman benefits to the NICS gun database. The cur- NATIONAL RIFLE ASSOCIATION rent public dialogue is replete with inac- of California’s 24th Congressional District, Su- OF AMERICA, curate stereotyping of people with mental zanne Curtis, for her incredible service to her Washington, DC, March 7, 2017. disabilities as violent and dangerous, and community. DEAR CHAIRMAN ROE: I am pleased to write there is a real concern that the VA policy f on behalf of the National Rifle Association in support of H.R. 1181, the ‘‘Veterans 2nd will reinforce those unfounded assumptions. The absence of any data suggesting that IN RECOGNITION OF HENRI Amendment Protection Act.’’ This bill would address an ongoing problem there is any connection between a bene- LANDWIRTH, FOUNDER OF DIG- ficiary who is assisted by a fiduciary and a NITY U WEAR over the past 12 years in which veterans and veterans’ family members for whom fidu- propensity toward gun violence. The absence of any meaningful due process ciaries have been appointed by the Depart- protections by not requiring an adjudication HON. JOHN H. RUTHERFORD ment of Veterans Affairs are deemed to have by a court of competent jurisdiction. Al- OF FLORIDA been ‘‘adjudicated as . . . mental though the NICS Improvements Act of 2007 defective[s]’’ and prohibited from possessing IN THE HOUSE OF REPRESENTATIVES allows agencies to transmit the names of in- or receiving firearms. Such an appointment dividuals who have been ‘‘adjudicated’’ to Wednesday, March 22, 2017 is not necessarily based on any finding that lack the capacity to manage their own af- the veteran is a danger to himself or herself Mr. RUTHERFORD. Mr. Speaker, I rise fairs, VA’s process does not, without a deci- or to others. today to ask the United States House of Rep- sion of a judicial authority, constitute an ad- resentatives to join me in recognizing an ex- Fortunately, the NICS Improvement Amendment Act of 2007 provided these indi- judication. Veterans should not lose the Con- traordinary leader, Mr. Henri Landwirth, for the viduals with the opportunity to seek relief stitutional rights they have fought to pro- incredible impact he has had on countless in- from that legal disability. However, your bill tect and defend without proper due process. We urge Congress to act, through passing dividuals not only in Jacksonville but also goes one step further in protecting the rights H.R. 1181, to prevent the damage the current across the country. of veterans and family members, by ensuring VA practice to report names of veterans with that no VA proceeding going forward will Born March 7, 1927, in Belgium, Henri disabilities to the NICS background check prevent a person from exercising his or her Landwirth, along with his family, was arrested system without proper adjudication is caus- Second Amendment rights unless a judicial for being Jewish. He spent five years in a con- ing on veterans with disabilities. centration camp and survived the Holocaust. authority has found that the person’s mental Please contact Amanda Lowe, Senior Pub- incapacity or disorder actually makes him or At 18, Henri immigrated to the United States lic Policy Analyst with any questions. her dangerous. Sincerley, with only a Torah and a little money. Soon We wish you success in moving forward CURT DECKER, after his arrival, he joined the United States with this important protection for the rights Executive Director. Army and served during the Korean War. of those who have served our country. Please Following his military service, Landwirth don’t hesitate to call me. f used his G.I. benefits to take a course in hotel Sincerely, PERSONAL EXPLANATION management and began work in a New York JASON M. QUIMET, City hotel. He used every opportunity to work Director of Federal Affairs. HON. EARL BLUMENAUER hard and advance through every job in the NATIONAL DISABILITY OF OREGON business and eventually moved to Florida to RIGHTS NETWORK, IN THE HOUSE OF REPRESENTATIVES own his own hotel. Washington, DC, March 17, 2017. He enjoyed a successful career in the hotel Re National Disability Rights Network let- Wednesday, March 22, 2017 industry and became a philanthropist starting ter of support for H.R. 1181, the Veterans Mr. BLUMENAUER. Mr. Speaker, had I the Fanny Landwirth Foundation in 1985 in 2nd Amendment Protection Act voted, I would have voted ‘‘no’’ on passage of memory of his mother. The mission of the Hon. PHIL ROE, H.R. 1259, the VA Accountability First Act of Fanny Landwirth Foundation is ‘‘to enrich, Chairman, House Veterans’ Committee, 2017 (Roll Call No. 168). This bill contains educate and empower underserved children Washington, DC. provisions that infringe on the collective bar- DEAR CHAIRMAN ROE: The National Dis- and families’’ by supporting basic needs such ability Rights Network (NDRN) writes in gaining and due process rights of Veterans Af- as food, shelter, clothing and education. support of H.R. 1181, the ‘‘Veterans 2nd fairs’ employees. Should this legislation be- A trip to Jacksonville’s Sulzbacher Center Amendment Protection Act’’. We appreciate come public law, it would have a damaging ef- for the homeless and his memory of having no your strong advocacy on this important fect on patient care and VA recruitment, lim- clothes when he was incarcerated at Ausch- topic. iting the agency’s efficiency.

VerDate Sep 11 2014 04:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K22MR8.004 E22MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS March 22, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E365 IN SUPPORT FOR RECOGNITION OF Mr. Adcock returned home to Mississippi tees, and committees of conference. WORLD WATER DAY and entered the real estate business in Biloxi. This title requires all such committees He became invloved in several business and to notify the Office of the Senate Daily HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. civic associations including the Mississippi Re- Digest—designated by the Rules Com- OF GEORGIA altors Association, Biloxi Businessman’s Club mittee—of the time, place and purpose IN THE HOUSE OF REPRESENTATIVES and the Gulf Coast Apartment Association. He of the meetings, when scheduled and built and owned several apartment complexes, Wednesday, March 22, 2017 any cancellations or changes in the and the successful business he started over Mr. JOHNSON of Georgia. Mr. Speaker, 50 years ago continues to operate today. meetings as they occur. every year on March 22nd we recognize Mr. Adcock was very involved with politics As an additional procedure along World Water Day. It highlights drinking water and government at all levels and was ap- with the computerization of this infor- is a basic right denied to many. pointed to serve on the Mississippi Medicaid mation, the Office of the Senate Daily According to the United Nations fact sheet Commission by Governor William Waller. He for World Water Day of 2017, a source of Digest will prepare this information for later served as the commission’s chairman. printing in the Extensions of Remarks drinking water contaminated with feces, which Mr. Adcock was not only interested in serv- section of the CONGRESSIONAL RECORD puts them at risk of contracting cholera, dys- ing his state, but his faith community as well. on Monday and Wednesday of each entery, typhoid and polio. Unsafe water, poor He was a member of First Baptist Church of sanitation and 842,000 deaths each year.’’ Biloxi and served in various leadership posi- week. This is a reality for people around the world in- tions until moving to Hattiesburg in 1994, Meetings scheduled for Thursday, cluding here in the United States. where he became an active member of Ven- March 23, 2017 may be found in the Flint, Michigan has been without clean ture Church. drinking water for almost two years. There Daily Digest of today’s RECORD. Mr. Adcock’s service to his nation, state and were high levels of lead in the water supply community will always be remembered and I which is contributing to a growing number of am proud to recognize his life of service be- MEETINGS SCHEDULED chronic illnesses in the region. It was not until fore the United States Congress. MARCH 27 this month that the EPA awarded funds to re- f pair the pipe system in the city of Flint to 12 noon hopefully decrease the amounts of lead. Un- RECOGNITION OF INTERNATIONAL Committee on the Judiciary fortunately, Flint is not the only city struggling DAY FOR THE ELIMINATION OF Business meeting to consider the nomi- in this capacity. Last year, Reuters published RACIAL DISCRIMINATION nations of Neil M. Gorsuch, of Colo- an article that announced thousands of other rado, to be an Associate Justice of the cities had dangerous levels of lead in their HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Supreme Court of the United States, water systems. This is an unacceptable reality and Rod J. Rosenstein, of Maryland, to OF GEORGIA that cannot remain ignored. The health of be Deputy Attorney General, and Ra- IN THE HOUSE OF REPRESENTATIVES chel L. Brand, of Iowa, to be Associate Americans, especially children and the elderly Attorney General, both of the Depart- will remain at risk daily if this problem remains Wednesday, March 22, 2017 ment of Justice. unchecked. Mr. JOHNSON of Georgia. Mr. Speaker, SD–226 Under Trump’s new executive order, ‘‘Re- yesterday was International Day for the Elimi- storing the Rule of Law, Federalism, and Eco- nation of Racial Discrimination. It is no secret MARCH 28 nomic Growth by reviewing the ’Waters of the that hate and racism are very much still alive 9:30 a.m. United States’ Rule,’’ rolls back the landmark today. Society is often racist and prejudiced environmental rule that allows the government against minority individuals, because of the Committee on Banking, Housing, and to limit the amount of pollution that enters into Urban Affairs color of their skin or where they come from. To hold hearings to examine fostering our streams, rivers, and wetlands. Originally Men and women are denied jobs, migrant sta- the rule protected 60 percent of water sources economic growth, focusing on the role tus, or even killed because of racial discrimi- of financial companies. in the U.S.; however, under this administra- nation. The Southern Poverty Law Center’s SD–538 tion, whose primary concern seems to be pro- Hate Group Map indicates that the number of tecting big business and corporations, these hate groups has grown for two years in a row. 10 a.m. water sources are at risk. The SPLC map also demonstrates that cur- Committee on Energy and Natural Re- As Members of Congress, we must take rently there are more than 900 organizations sources steps to protect our water supply as a matter in existence whose primary purpose is to drive To hold hearings to examine the United of public health. We need to address the situ- a narrative of hate, discrimination, and intimi- States’ increasing dependence on for- ations in cities where lives are in danger due eign sources of minerals and opportuni- dation. Additionally, a Pew research study ties to rebuild and improve the supply to contaminated water, both in the U.S. and showed racial tensions are perceived to have around the world. chain in the United States. worsened by 38 percent of people since Presi- SD–366 f dent Obama’s first term. The same study indi- Committee on the Judiciary REGARDING THE LIFE OF JESSE cated that African-Americans are about twice To hold hearings to examine protecting O. ADCOCK as likely as whites to feel that it is in fact dis- young athletes from sexual abuse. crimination that is preventing the success of SD–226 Black Americans. The FBI’s 2016 hate crime HON. STEVEN M. PALAZZO 10:30 a.m. OF MISSISSIPPI report reveals that hate crimes against Mus- lims grew by 67 percent in just one year. Committee on Foreign Relations IN THE HOUSE OF REPRESENTATIVES To hold hearings to examine the view This administration’s rhetoric has encour- Wednesday, March 22, 2017 from Congress, focusing on United aged behavior that is aggressive and intoler- States policy on Iran. Mr. PALAZZO. Mr. Speaker, I rise today to ant. This is not reflective of America and our SD–419 honor the life and memory of Jesse O. Adcock values. We must be diligent in our efforts to who passed away this past Thursday, March minimize and eliminate racial discrimination 2:15 p.m. 16, 2017. Mr. Adcock was born on March 8, from all facets of society and our political nar- Committee on Energy and Natural Re- 1924 in Neshoba County, MS, in the Arlington rative. sources Community. f Subcommittee on Energy During World War II Mr. Adcock joined the To hold hearings to examine the cyberse- U.S. Army Air Corps, and was assigned to the SENATE COMMITTEE MEETINGS curity threats to the United States Eighth Air Force. While there he flew 35 mis- Title IV of Senate Resolution 4, electric grid and technology advance- agreed to by the Senate of February 4, ments to minimize such threats, in- sions in the B–17 and was awarded the Pur- cluding S. 79, to provide for the estab- ple Heart and other distinguished decorations 1977, calls for establishment of a sys- lishment of a pilot program to identify for his heroic service. He also served in the tem for a computerized schedule of all security vulnerabilities of certain enti- Berlin Airlift prior to retiring from the Air Force meetings and hearings of Senate com- ties in the energy sector. in 1967. mittees, subcommittees, joint commit- SD–366

VerDate Sep 11 2014 04:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A22MR8.011 E22MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E366 CONGRESSIONAL RECORD — Extensions of Remarks March 22, 2017 2:30 p.m. 10:30 a.m. diabetes prevention through healthy Committee on Armed Services Committee on Appropriations living. To receive a closed briefing on Depart- Subcommittee on Department of Defense SD–628 ment of Defense worldwide policy and To hold hearings to examine a review of Special Committee on Aging strategy and the Fiscal Year 2017 De- the defense health program and mili- To hold hearings to examine the arc of fense Supplemental Budget Request. tary medicine funding. Alzheimer’s, focusing on preventing SVC–217 SD–192 cognitive decline in Americans to as- Committee on Environment and Public suring quality care for those living Works 2:15 p.m. with the disease. Subcommittee on Fisheries, Water, and Committee on Armed Services SD–106 Wildlife Subcommittee on Readiness and Manage- To hold hearings to examine S. 518, to ment Support 3 p.m. amend the Federal Water Pollution To hold hearings to examine the health Control Act to provide for technical as- Committee on Small Business and Entre- of the Department of Defense indus- preneurship sistance for small treatment works, S. trial base, and its role in providing To hold hearings to examine how small 675, to amend and reauthorize certain readiness to the warfighter. businesses confront and shape regula- provisions relating to Long Island SR–232A Sound restoration and stewardship, and Committee on Foreign Relations tions. an original bill entitled, ‘‘Water Infra- Subcommittee on East Asia, the Pacific, SR–428A structure Flexibility Act of 2017’’. and International Cybersecurity Policy SD–406 To hold hearings to examine American 3:30 p.m. leadership in the Asia-Pacific, focusing Committee on Armed Services MARCH 29 on security issues. Subcommittee on Airland SD–419 To hold hearings to examine Air Force 10 a.m. modernization. Committee on Commerce, Science, and 2:30 p.m. SR–222 Transportation Committee on Appropriations To hold hearings to examine closing the Subcommittee on State, Foreign Oper- MARCH 30 skills gap and boosting United States ations, and Related Programs competitiveness. To hold hearings to examine civil society 2:30 p.m. SD–G50 perspectives on Russia. Committee on Energy and Natural Re- Committee on Environment and Public SD–192 sources Works Committee on Commerce, Science, and To hold hearings to examine the poten- To hold hearings to examine cleaning up Transportation tial for infrastructure improvements to our nation’s Cold War legacy sites. To hold hearings to examine the nomina- SD–406 create jobs and reduce the cost of liv- tion of Jeffrey A. Rosen, of Virginia, to ing through all-of-the-above energy be Deputy Secretary of Transportation. and mineral production in Alaska. 10:15 a.m. SD–G50 SD–366 Committee on Foreign Relations Committee on Homeland Security and Subcommittee on Western Hemisphere, Governmental Affairs APRIL 6 Transnational Crime, Civilian Secu- Subcommittee on Federal Spending Over- rity, Democracy, Human Rights, and sight and Emergency Management Global Women’s Issues To hold hearings to examine the effect of 9:30 a.m. To hold hearings to examine United borrowing on Federal spending. Committee on Armed Services State-Mexico relationship, focusing on SD–342 To hold hearings to examine United advancing security and prosperity on Committee on Indian Affairs States Southern Command and United both sides of the border. To hold an oversight hearing to examine States Northern Command. SD–419 native youth, focusing on promoting SD–G50

VerDate Sep 11 2014 04:14 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\M22MR8.000 E22MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS Wednesday, March 22, 2017 Daily Digest Senate Services), Senator Murphy (Committee on Appropria- Chamber Action tions.) Page S1935 Routine Proceedings, pages S1899–S1940 Board of Visitors of the U.S. Merchant Marine Measures Introduced: Eleven bills and one resolu- Academy: The Chair, on behalf of the Vice Presi- tion were introduced, as follows: S. 693–703, and S. dent, pursuant to Section 1295b(h) of title 46 App., Con. Res. 11. Pages S1932–33 United States Code, appointed the following Senators Measures Reported: to the Board of Visitors of the U.S. Merchant Marine Academy: Senator Peters (At Large), Senator Schatz S. 249, to provide that the pueblo of Santa Clara (Committee on Commerce, Science and Transpor- may lease for 99 years certain restricted land. (S. tation.) Page S1935 Rept. No. 115–8) Page S1932 Board of Visitors of the U.S. Coast Guard Acad- Measures Passed: emy: The Chair, on behalf of the Vice President, Clarification of Employer’s Continuing Obliga- pursuant to 14 U.S.C. 194(a), as amended by Public tion to Make and Maintain an Accurate Record of Law 101–595, and further amended by Public Law Each Recordable Injury and Illness Rule: By 50 113–281, appointed the following Senators to the yeas to 48 nays (Vote No. 93), Senate passed H.J. Board of Visitors of the U.S. Coast Guard Academy: Res. 83, disapproving the rule submitted by the De- Senator Cantwell (Committee on Commerce, Science partment of Labor relating to ‘‘Clarification of Em- and Transportation), Senator Blumenthal (At Large). ployer’s Continuing Obligation to Make and Main- Page S1935 tain an Accurate Record of Each Recordable Injury Board of Visitors of the U.S. Naval Academy: and Illness’’, after agreeing to the motion to proceed. The Chair, on behalf of the Vice President, pursuant Pages S1900–24 to 10 U.S.C. 6968(a), appointed the following Sen- Measures Considered: ators to the Board of Visitors of the U.S. Naval Academy: Senator Shaheen (Committee on Appro- Protecting the Privacy of Customers of priations), Senator Cardin (At Large). Page S1935 Broadband and Other Telecommunications Serv- ices Rule—Agreement: Senate began consideration Board of Visitors of the U.S. Air Force Academy: of S.J. Res. 34, providing for congressional dis- The Chair, on behalf of the Vice President, pursuant approval under chapter 8 of title 5, United States to 10 U.S.C. 9355(a), appointed the following Sen- ators to the Board of Visitors of the U.S. Air Force Code, of the rule submitted by the Federal Commu- Academy: Senator Udall (Committee on Appropria- nications Commission relating to ‘‘Protecting the tions), Senator Hirono (Committee on Armed Serv- Privacy of Customers of Broadband and Other Tele- ices). Page S1935 communications Services’’, after agreeing to the motion to proceed. Pages S1925–29, S1935–40 Message from the President: Senate received the A unanimous-consent agreement was reached pro- following message from the President of the United viding for further consideration of the joint resolu- States: tion at approximately 9:30 a.m., on Thursday, March Transmitting, pursuant to law, a notice of the continuation of the national emergency with respect 23, 2017. Page S1928 to South Sudan that was declared in Executive Order Appointments: 13664 of April 3, 2014; which was referred to the Board of Visitors of the U.S. Military Academy: Committee on Banking, Housing, and Urban Affairs. The Chair, on behalf of the Vice President, pursuant (PM–3) Page S1932 to 10 U.S.C. 4355(a), appointed the following Sen- Friedman Nomination—Cloture: Senate began ators to the Board of Visitors of the U.S. Military consideration of the nomination of David Friedman, Academy: Senator Gillibrand (Committee on Armed of New York, to be Ambassador to Israel. Page S1924 D323

VerDate Sep 11 2014 05:33 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MR7.REC D22MRPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D324 CONGRESSIONAL RECORD — DAILY DIGEST March 22, 2017

A motion was entered to close further debate on ant Secretary for Acquisition, Logistics and Tech- the nomination, and, in accordance with the provi- nology, all of the United States Army, Department sions of Rule XXII of the Standing Rules of the of Defense. Senate, a vote on cloture will occur on Friday, March CYBERSECURITY 24, 2017. Page S1924 Prior to the consideration of this nomination, Sen- Committee on Commerce, Science, and Transportation: ate took the following action: Committee concluded a hearing to examine the Senate agreed to the motion to proceed to Execu- promises and perils of emerging technologies for cy- tive Session to consider the nomination. Page S1924 bersecurity, after receiving testimony from Eric Rosenbach, former Chief of Staff, and former Assist- Messages from the House: Page S1932 ant Secretary for Homeland Defense and Global Se- Measures Referred: Page S1932 curity, Department of Defense, Washington, D.C.; Measures Placed on the Calendar: Caleb Barlow, IBM Security, Cambridge, Massachu- Pages S1900, S1932 setts; Venky Ganesan, Menlo Ventures, Menlo Park, California; Steve Grobman, Intel Security Group, Executive Communications: Page S1932 Sacramento, California; and Malcolm Harkins, Additional Cosponsors: Page S1933 Cylance Inc., Irvine, California. Statements on Introduced Bills/Resolutions: COAST GUARD Pages S1933–34 Committee on Commerce, Science, and Transportation: Sub- Additional Statements: Page S1931 committee on Oceans, Atmosphere, Fisheries, and Authorities for Committees to Meet: Coast Guard concluded a hearing to examine the Pages S1934–35 state of the Coast Guard, focusing on ensuring mili- Privileges of the Floor: Page S1935 tary, national security, and enforcement capability and readiness, after receiving testimony from Admi- Record Votes: One record vote was taken today. ral Paul F. Zukunft, Commandant, Coast Guard, De- (Total—93) Page S1924 partment of Homeland Security. Adjournment: Senate convened at 10:30 a.m. and adjourned at 7:07 p.m., until 9:30 a.m. on Thurs- BUSINESS MEETING day, March 23, 2017. (For Senate’s program, see the Committee on Environment and Public Works: Com- remarks of the Acting Majority Leader in today’s mittee ordered favorably reported S. 512, to mod- Record on page S1928.) ernize the regulation of nuclear energy, with an amendment in the nature of a substitute. Committee Meetings GLOBAL HUMANITARIAN AFFAIRS (Committees not listed did not meet) Committee on Foreign Relations: Committee concluded a hearing to examine the state of global humani- DEFENSE READINESS tarian affairs, after receiving testimony from Gregory Committee on Appropriations: Subcommittee on Depart- C. Gottlieb, Acting Assistant Administrator, Bureau ment of Defense concluded a hearing to examine de- for Democracy, Conflict, and Humanitarian Assist- fense readiness and budget update, after receiving ance, U.S. Agency for International Development; testimony from James N. Mattis, Secretary, and Nancy Lindborg, United States Institute for Peace, General Joseph F. Dunford, Jr., USMC, Chairman, Washington, D.C.; and Yves Daccord, International Joint Chiefs of Staff, both of the Department of De- Committee of the Red Cross, Geneva, Switzerland. fense. DEPARTMENT OF HOMELAND SECURITY ARMY MODERNIZATION FRONTLINE Committee on Armed Services: Subcommittee on Airland Committee on Homeland Security and Governmental Af- concluded a hearing to examine Army moderniza- fairs: Committee concluded a hearing to examine tion, after receiving testimony from Lieutenant Gen- perspectives from the DHS frontline, focusing on eral Joseph Anderson, USA, Deputy Chief of Staff, evaluating staffing resources and requirements, after G–3/5/7, Lieutenant General John M. Murray, USA, receiving testimony from Brandon Judd, National Deputy Chief of Staff, G–8, Major General Robert Border Patrol Council, Tucson, Arizona, on behalf of M. Dyess Jr., USA, Acting Director, Army Capabili- Border Patrol Agents, U.S. Customs and Border Pro- ties Integration Center, and Brigadier General Pro- tection; Anthony M. Reardon, National Treasury motable Robert L. Marion, USA, Deputy of Acquisi- Employees Union, Washington, D.C., on behalf of tion and Systems Management, Office of the Assist- Office of Field Operations Officers, U.S. Customs

VerDate Sep 11 2014 05:33 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MR7.REC D22MRPT1 SSpencer on DSK4SPTVN1PROD with DIGEST March 22, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D325

and Border Protection; and Chris Crane, National duced by Senators Cruz and Rubio, testified and an- Immigration and Customs Enforcement Council, swered questions in his own behalf. Oakdale, Louisiana, on behalf of Enforcement Re- moval Operations Officers, U.S. Immigration and NOMINATION Customs Enforcement. Committee on the Judiciary: Committee continued hearings to examine the nomination of Neil M. Gorsuch, NOMINATION of Colorado, to be an Associate Justice of the Su- Committee on Health, Education, Labor, and Pensions: preme Court of the United States, the nominee testi- Committee concluded a hearing to examine the fied and answered questions in his own behalf. nomination of R. Alexander Acosta, of Florida, to be Hearings recessed subject to the call and will Secretary of Labor, after the nominee, who was intro- meet again on Thursday, March 23, 2017. h House of Representatives Competitive Health Insurance Reform Act of Chamber Action 2017: The House passed H.R. 372, to restore the Public Bills and Resolutions Introduced: 29 pub- application of the Federal antitrust laws to the busi- lic bills, H.R. 1664–1692; and 3 resolutions, H.J. ness of health insurance to protect competition and Res. 37–38; and H. Res. 220 were introduced. consumers, by a recorded vote of 416 ayes to 7 noes, Pages H2347–49 Roll No. 184. Consideration began yesterday, March Additional Cosponsors: Page H2350 21st. Pages H2311–12 Rejected the Rosen motion to recommit the bill Reports Filed: Reports were filed today as follows: to the Committee on the Judiciary with instructions H.R. 1215, to improve patient access to health to report the same back to the House forthwith with care services and provide improved medical care by an amendment, by a yea-and-nay vote of 189 yeas to reducing the excessive burden the liability system 233 nays, Roll No. 183. Page H2311 places on the health care delivery system, with an H. Res. 209, the rule providing for consideration amendment (H. Rept. 115–55, Part 1); and of the bill (H.R. 372) was agreed to yesterday, H. Res. 221, waiving a requirement of clause 6(a) March 21st. of rule XIII with respect to consideration of certain Small Business Health Fairness Act of 2017: The resolutions reported from the Committee on Rules, House passed H.R. 1101, to amend title I of the and providing for consideration of motions to sus- Employee Retirement Income Security Act of 1974 pend the rules (H. Rept. 115–56). Page H2347 to improve access and choice for entrepreneurs with Speaker: Read a letter from the Speaker wherein he small businesses with respect to medical care for appointed Representative Hultgren to act as Speaker their employees, by a recorded vote of 236 ayes to pro tempore for today. Page H2291 175 noes, Roll No. 186. Pages H2312–30 Recess: The House recessed at 11:12 a.m. and re- Rejected the Shea Porter motion to recommit the convened at 12 noon. Page H2299 bill to the Committee on Education and the Work- force with instructions to report the same back to Guest Chaplain: The prayer was offered by the the House forthwith with an amendment, by a yea- Guest Chaplain, Dr. Tom Smiley, Lakewood Baptist and-nay vote of 179 yeas to 233 nays, Roll No. 185. Page H2299 Church, Gainesville, Georgia. Pages H2328–30 Question of Privilege: Representative Polis rose to Pursuant to the Rule, an amendment in the na- a question of the privileges of the House and sub- ture of a substitute consisting of the text of Rules mitted a resolution. The Chair ruled that the resolu- Committee Print 115–9 shall be considered as tion did not present a question of the privileges of adopted, in lieu of the amendment in the nature of the House. Subsequently, Representative Polis ap- a substitute recommended by the Committee on pealed the ruling of the chair and Representative Education and the Workforce now printed in the Cheney moved to table the appeal. Agreed to the bill. Page H2312 motion to table the appeal of the ruling of the Chair Agreed to: by a yea-and-nay vote of 230 yeas to 189 nays with Herrera Beutler amendment (No. 1 printed in H. 1 answering ‘‘present’’, Roll No. 182. Pages H2308–11 Rept. 115–51) that clarifies that existing association

VerDate Sep 11 2014 05:33 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MR7.REC D22MRPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D326 CONGRESSIONAL RECORD — DAILY DIGEST March 22, 2017 health plans may continue to operate under existing Adjournment: The House met at 10 a.m. and ad- state and federal law. Pages H2327–28 journed at 11:53 p.m. H. Res. 210, the rule providing for consideration of the bill (H.R. 1101) was agreed to yesterday, March 21st. Committee Meetings Suspension: The House agreed to suspend the rules THE NEXT FARM BILL: DAIRY POLICY and pass the following measure: Committee on Agriculture: Full Committee held a hear- Securing our Agriculture and Food Act: H.R. ing entitled ‘‘The Next Farm Bill: Dairy Policy’’. 1238, to amend the Homeland Security Act of 2002 Testimony was heard from public witnesses. to make the Assistant Secretary of Homeland Secu- rity for Health Affairs responsible for coordinating VETERANS AFFAIRS OFFICE OF INSPECTOR the efforts of the Department of Homeland Security related to food, agriculture, and veterinary defense GENERAL against terrorism, by a 2⁄3 yea-and-nay vote of 406 Committee on Appropriations: Subcommittee on Mili- yeas to 6 nays, Roll No. 187. tary Construction, Veterans Affairs, and Related Pages H2304–07, H2330–31 Agencies held an oversight hearing on the Veterans Meeting Hour: Agreed by unanimous consent that Affairs Office of Inspector General. Testimony was when the House adjourns today, it adjourn to meet heard from Michael J. Missal, Inspector General, De- partment of Veterans Affairs. at 9 a.m. tomorrow, March 23. Page H2331 Congressional Award Board—Reappointment: THE EVOLUTION OF HYBRID WARFARE Read a letter from Representative Pelosi, Minority AND KEY CHALLENGES Leader, in which she reappointed the following Member to the Congressional Award Board: Rep- Committee on Armed Services: Full Committee held a hearing entitled ‘‘The Evolution of Hybrid Warfare resentative Dingell. Page H2331 and Key Challenges’’. Testimony was heard from Suspensions—Proceedings Postponed: The House public witnesses. debated the following measures under suspension of the rules. Further proceedings were postponed. THE CURRENT STATE OF THE U.S. AIR Terrorist and Foreign Fighter Travel Exercise FORCE Act of 2017: H.R. 1302, to require an exercise re- Committee on Armed Services: Subcommittee on Readi- lated to terrorist and foreign fighter travel; and ness held a hearing entitled ‘‘The Current State of Pages H2303–04 the U.S. Air Force’’. Testimony was heard from Department of Homeland Security Acquisition Major General Scott D. West, Director of Current Innovation Act: H.R. 1365, amended, to amend the Operations and Deputy Chief of Staff for Operations, Homeland Security Act of 2002 to require certain U.S. Air Force Headquarters; Lieutenant General acquisition innovation. Pages H2307–08 Maryanne Miller, Chief, U.S. Air Force Reserve; and Recess: The House recessed at 6:11 p.m. and recon- Lieutenant General L. Scott Rice, Director, U.S. Air vened at 11:52 p.m. Page H2346 National Guard. Presidential Message: Read a message from the LEGISLATIVE MEASURE President wherein he notified Congress that the national emergency declared with respect to South Committee on Energy and Commerce: Subcommittee on Sudan is to continue in effect beyond April 3, Environment held a hearing on H.R. 806, the 2017—referred to the Committee on Foreign Affairs ‘‘Ozone Standards Implementation Act of 2017’’. and ordered to be printed (H. Doc. 115–25). Testimony was heard from Sean Alteri, Director, Di- Page H2331 vision of Air Quality, Kentucky Department of En- vironmental Protection; Marc A. R. Cone, Director, Senate Messages: Messages received from the Senate Bureau of Air Quality, Maine Department of Envi- by the Clerk and subsequently presented to the ronmental Protection; Nancy Vehr, Air Quality Ad- House today appear on pages H2302–03. ministrator, Wyoming Department of Environmental Quorum Calls—Votes: Four yea-and-nay votes and Quality; Kurt Karperos, Deputy Executive Officer, two recorded votes developed during the proceedings California Air Resources Board; Seyed Sadredin, Ex- of today and appear on pages H2310–11, H2311, ecutive Director/Air Pollution Control Officer, San H2311–12, H2329, H2330, and H2330–31. There Joaquin Valley Air Pollution Control District; and a were no quorum calls. public witness.

VerDate Sep 11 2014 05:33 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MR7.REC D22MRPT1 SSpencer on DSK4SPTVN1PROD with DIGEST March 22, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D327 EXAMINING FDA’S PRESCRIPTION DRUG the ‘‘Child Protection Improvements Act of 2017’’; USER FEE PROGRAM H.R. 883, the ‘‘Targeting Child Predators Act of Committee on Energy and Commerce: Subcommittee on 2017’’; and H.R. 1188, the ‘‘Adam Walsh Reauthor- Health held a hearing entitled ‘‘Examining FDA’s ization Act of 2017’’. H.R. 1393 and H.R. 883 were Prescription Drug User Fee Program’’. Testimony ordered reported, without amendment. H.R. 695 was heard from Janet Woodcock, Director, Center and H.R. 1188 were ordered reported, as amended. for Drug Evaluation and Research, Food and Drug Administration; and public witnesses. THE STATUS OF THE PUERTO RICO ELECTRIC POWER AUTHORITY ORGANIZATIONAL MEETING RESTRUCTURING SUPPORT AGREEMENT Committee on Ethics: Full Committee held an organizational meeting for the 115th Congress. The com- Committee on Natural Resources: Subcommittee on In- mittee adopted its rules for the 115th Congress. dian, Insular, and Alaska Native Affairs held a hearing entitled ‘‘The Status of the Puerto Rico Electric EXAMINING RESULTS AND Power Authority Restructuring Support Agreement’’. ACCOUNTABILITY AT THE WORLD BANK Testimony was heard from Ricardo Rossello´, Gov- Committee on Financial Services: Subcommittee on ernor, Puerto Rico; Jose´ B. Carrio´n III, Chairman, Monetary Policy and Trade held a hearing entitled Financial Oversight and Management Board for ‘‘Examining Results and Accountability at the Puerto Rico; Luis Benı´tez Herna´ndez, Chairman, World Bank’’. Testimony was heard from public Puerto Rico Electric Power Authority Governing witnesses. Board; Ana J. Matosantos, Member, Financial Over- THE JOBS ACT AT FIVE: EXAMINING ITS sight and Management Board for Puerto Rico; and IMPACT AND ENSURING THE public witnesses. COMPETITIVENESS OF THE U.S. CAPITAL MARKETS LAW ENFORCEMENT’S USE OF FACIAL RECOGNITION TECHNOLOGY Committee on Financial Services: Subcommittee on Cap- ital Markets, Securities, and Investment held a hear- Committee on Oversight and Government Reform: Full ing entitled ‘‘The JOBS Act at Five: Examining Its Committee held a hearing entitled ‘‘Law Enforce- Impact and Ensuring the Competitiveness of the ment’s Use of Facial Recognition Technology’’. Tes- U.S. Capital Markets’’. Testimony was heard from timony was heard from Kimberly Del Greco, Deputy public witnesses. Assistant Director, Criminal Justice Information Services Division, Federal Bureau of Investigation; ANTI-SEMITISM ACROSS BORDERS Diana Maurer, Director, Homeland Security and Jus- Committee on Foreign Affairs: Subcommittee on Africa, tice Issues, Government Accountability Office; Global Health, Global Human Rights, and Inter- Charles Romine, Director, Information Technology national Organizations held a hearing entitled ‘‘Anti- Lab, National Institute of Standards and Technology; Semitism Across Borders’’. Testimony was heard and public witnesses. from public witnesses. U.S. POLICY TOWARD THE BALTIC STATES EXAMINING THE IMPACT OF VOLUNTARY Committee on Foreign Affairs: Subcommittee on Eu- RESTRICTED DISTRIBUTION SYSTEMS IN rope, Eurasia, and Emerging Threats held a hearing THE PHARMACEUTICAL SUPPLY CHAIN entitled ‘‘U.S. Policy Toward the Baltic States’’. Tes- Committee on Oversight and Government Reform: Sub- timony was heard from public witnesses. committee on Healthcare, Benefits, and Administra- A BORDERLESS BATTLE: DEFENDING tive Rules held a hearing entitled ‘‘Examining the AGAINST CYBER THREATS Impact of Voluntary Restricted Distribution Systems in the Pharmaceutical Supply Chain’’. Testimony Committee on Homeland Security: Full Committee held was heard from Janet Woodcock, Director, Center a hearing entitled ‘‘A Borderless Battle: Defending for Drug Evaluation and Research, Food and Drug Against Cyber Threats’’. Testimony was heard from Administration; and public witnesses. public witnesses. MISCELLANEOUS MEASURES Committee on the Judiciary: Full Committee held a markup on H.R. 1393, the ‘‘Mobile Workforce State Income Tax Simplification Act of 2017’’; H.R. 695,

VerDate Sep 11 2014 05:33 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MR7.REC D22MRPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D328 CONGRESSIONAL RECORD — DAILY DIGEST March 22, 2017 AMERICAN HEALTH CARE ACT OF 2017; Health Administration, Department of Veterans Af- HOUSE RESOLUTION WAIVING A fairs; and public witnesses. REQUIREMENT OF CLAUSE 6(A) OF RULE XIII WITH RESPECT TO CONSIDERATION EXAMINING THE SOCIAL SECURITY OF CERTAIN RESOLUTIONS REPORTED ADMINISTRATION’S REPRESENTATIVE FROM THE COMMITTEE ON RULES, AND PAYEE PROGRAM: WHO PROVIDES HELP PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES Committee on Ways and Means: Subcommittee on Oversight and Subcommittee on Social Security held Committee on Rules: Full Committee began a hearing a joint hearing entitled ‘‘Examining the Social Secu- on the ‘‘American Health Care Act of 2017’’; and rity Administration’s Representative Payee Program: held a hearing on a house resolution waiving a re- Who Provides Help’’. Testimony was heard from quirement of clause 6(a) of rule XIII with respect to Marianna LaCanfora, Acting Deputy Commissioner, consideration of certain resolutions reported from the Office of Retirement and Disability Policy, Social Se- Committee on Rules, and providing for consider- curity Administration; Gale Stallworth Stone, Acting ation of motions to suspend the rules. The Com- Inspector General, Social Security Administration; mittee granted, by record vote of 9–3, a rule that waives clause 6(a) of rule XIII (requiring a two- David Slayton, Administrative Director, Office of thirds vote to consider a rule on the same day it is Court Administration, Texas Judicial Branch; and reported from the Rules Committee) against any res- public witnesses. olution reported through the legislative day of March 27, 2017. In section 2, the rule provides that it shall be in order at any time through the calendar Joint Meetings day of March 26, 2017, for the Speaker to entertain motions that the House suspend the rules and that VETERANS SERVICE ORGANIZATIONS the Speaker or his designee shall consult with the LEGISLATIVE PRESENTATIONS Minority Leader or her designee on the designation Joint Hearing: Senate Committee on Veterans’ Affairs of any matter for consideration pursuant to this sec- concluded a joint hearing with the House Com- tion. mittee on Veterans’ Affairs to examine the legislative presentation of multiple veterans service organiza- THE ISS AFTER 2024: OPTIONS AND IMPACTS tions, after receiving testimony from Colonel Carl A. Singer, USA (Ret.), Jewish War Veterans of the Committee on Science, Space, and Technology: Sub- United States of America, Passaic, New Jersey; Don- committee on Space held a hearing entitled ‘‘The ISS ald Larson, Fleet Reserve Association, Ingleside, after 2024: Options and Impacts’’. Testimony was Texas; Chief Master Sergeant Mark Stevenson, (Ret.), heard from William Gerstenmaier, Associate Admin- Air Force Sergeants Association, Bowie, Maryland; istrator for Human Exploration and Operations, Na- Hershel W. Gober, Military Order of the Purple tional Aeronautics and Space Administration; and Heart of the U.S.A., Palm Coast, Florida; Charles public witnesses. Susino, Jr., American Ex-Prisoners of War, MAKING WASHINGTON WORK FOR Metuchen, New Jersey; Robert D. Stamper, Blinded AMERICA’S SMALL BUSINESSES Veterans Association, Hayden, Idaho; Master Ser- Committee on Small Business: Full Committee held a geant John Adams, USAF (Ret.), The Retired En- hearing entitled ‘‘Making Washington Work For listed Association, Colorado Springs, Colorado; and America’s Small Businesses’’. Testimony was heard Lieutenant Colonel Aniela Szymanski, USMCR, from public witnesses. Military Officers Association of America, and Allison Jaslow, Iraq and Afghanistan Veterans of America, HEALTHY HIRING: ENABLING VA TO both of Washington, D.C. RECRUIT AND RETAIN QUALITY PROVIDERS f Committee on Veterans’ Affairs: Subcommittee on NEW PUBLIC LAWS Health held a hearing entitled ‘‘Healthy Hiring: En- (For last listing of Public Laws, see DAILY DIGEST, p. D297) abling VA to Recruit and Retain Quality Providers’’. Testimony was heard from Robert Goldenkoff, Di- S. 442, to authorize the programs of the National rector, Strategic Issues, Government Accountability Aeronautics and Space Administration. Signed on Office; Steve Young, Deputy Under Secretary for March 21, 2017. (Public Law 115–10) Health for Operations and Management, Veterans

VerDate Sep 11 2014 05:33 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MR7.REC D22MRPT1 SSpencer on DSK4SPTVN1PROD with DIGEST March 22, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D329 COMMITTEE MEETINGS FOR THURSDAY, to be an Associate Justice of the Supreme Court of the MARCH 23, 2017 United States, 9:30 a.m., SH–216. Select Committee on Intelligence: to hold closed hearings to (Committee meetings are open unless otherwise indicated) examine certain intelligence matters, 2 p.m., SH–219. Senate House Committee on Agriculture, Nutrition, and Forestry: to hold hearings to examine the nomination of Sonny Perdue, of Committee on Armed Services, Subcommittee on Emerging Georgia, to be Secretary of Agriculture, 10 a.m., SR–325. Threats and Capabilities, hearing entitled ‘‘High Con- Committee on Armed Services: to hold hearings to examine sequences and Uncertain Threats: Reviewing Department United States European Command, 9:30 a.m., SD–G50. of Defense Strategy, Policy, and Programs for Countering Subcommittee on Personnel, to hold hearings to exam- Weapons of Mass Destruction for Fiscal Year 2018’’, ine Department of Defense civilian personnel reform, 2:30 10:30 a.m., 2118 Rayburn. p.m., SR–232A. Committee on the Judiciary, Subcommittee on Regulatory Committee on Banking, Housing, and Urban Affairs: to Reform, Commercial and Antitrust Law, hearing on the hold hearings to examine the nomination of Jay Clayton, ‘‘Financial Institution Bankruptcy Act of 2017’’, 9 a.m., of New York, to be a Member of the Securities and Ex- 2141 Rayburn. change Commission, 9:30 a.m., SD–538. Committee on Oversight and Government Reform, Full Com- Committee on Commerce, Science, and Transportation: Sub- mittee, hearing entitled ‘‘Legislative Proposals for Fos- committee on Aviation Operations, Safety, and Security, tering Transparency’’, 9 a.m., 2154 Rayburn. to hold hearings to examine FAA reauthorization, focusing on perspectives on improving airport infrastructure Committee on Small Business, Subcommittee on Agri- and aviation manufacturing, 10 a.m., SR–253. culture, Energy, and Trade, hearing entitled ‘‘The Future Committee on the Judiciary: to continue hearings to ex- of America’s Small Family Farms’’, 10 a.m., 2360 Ray- amine the nomination of Neil M. Gorsuch, of Colorado, burn.

VerDate Sep 11 2014 05:33 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MR7.REC D22MRPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D330 CONGRESSIONAL RECORD — DAILY DIGEST March 22, 2017

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 23 9 a.m., Thursday, March 23

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 1628— ation of S.J. Res. 34, Protecting the Privacy of Customers American Health Care Act of 2017 (Subject to a Rule). of Broadband and Other Telecommunications Services Rule.

Extensions of Remarks, as inserted in this issue

HOUSE Flores, Bill, Tex., E363 Rooney, Francis, Fla., E363 Johnson, Eddie Bernice, Tex., E363 Rutherford, John H., Fla., E364 Blumenauer, Earl, Ore., E364 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E365, E365 Slaughter, Louise McIntosh, N.Y., E361 Carbajal, Salud O., Calif., E361, E362, E362, E363 Latta, Robert E., Ohio, E362 Thompson, Mike, Calif., E361 Cohen, Steve, Tenn., E362 Palazzo, Steven M., Miss., E365 Dingell, Debbie, Mich., E361 Roe, David P., Tenn., E364

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Publishing Office, at www.govinfo.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Publishing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Sep 11 2014 05:33 Mar 23, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0664 Sfmt 0664 E:\CR\FM\D22MR7.REC D22MRPT1 SSpencer on DSK4SPTVN1PROD with DIGEST