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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, THURSDAY, FEBRUARY 9, 2017 No. 23 House of Representatives The House met at 2:30 p.m. and was PLEDGE OF ALLEGIANCE pointment, pursuant to section 4 of the called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the Virgin Islands of the United States pore (Mr. THOMAS J. ROONEY of Flor- gentleman from Georgia (Mr. TOM Centennial Commission Act (Pub. L. ida). PRICE) come forward and lead the 114–224), and the order of the House of January 3, 2017, of the following Mem- f House in the Pledge of Allegiance. Mr. PRICE of Georgia led the Pledge bers on the part of the House to the DESIGNATION OF THE SPEAKER of Allegiance as follows: Virgin Islands of the United States Centennial Commission: PRO TEMPORE I pledge allegiance to the Flag of the The SPEAKER pro tempore laid be- United States of America, and to the Repub- Mr. MACARTHUR, New Jersey fore the House the following commu- lic for which it stands, one nation under God, Mrs. LOVE, Utah nication from the Speaker: indivisible, with liberty and justice for all. f WASHINGTON, DC, f February 9, 2017. APPOINTMENT OF MEMBERS TO I hereby appoint the Honorable THOMAS J. APPOINTMENT OF MEMBERS TO ROONEY to act as Speaker pro tempore on CONGRESSIONAL-EXECUTIVE HOUSE DEMOCRACY PARTNERSHIP this day. COMMISSION ON THE PEOPLE’S PAUL D. RYAN, REPUBLIC OF CHINA The SPEAKER pro tempore. The Speaker of the House or Representatives. Chair announces the Speaker’s ap- The SPEAKER pro tempore. The pointment, pursuant to section 4(a) of f Chair announces the Speaker’s ap- House Resolution 5, 115th Congress, and pointment, pursuant to 22 U.S.C. 6913, PRAYER the order of the House of January 3, and the order of the House of January 2017, of the following Members to the Reverend William Gurnee, St. Jo- 3, 2017, of the following Members on the House Democracy Partnership: seph’s Catholic Church, Washington, part of the House to the Congressional- Mr. BUCHANAN, Florida D.C., offered the following prayer: Executive Commission on the People’s Mr. FORTENBERRY, Nebraska O Lord, who founded the Earth and Republic of China: Mr. CONAWAY, Texas determined its size; who commanded Mr. SMITH, New Jersey, Co-Chairman Mrs. WALORSKI, Indiana the morning and shown the dawn its Mr. PITTENGER, North Carolina Mr. SMITH, Nebraska place, we sing with gratitude for the Mr. FRANKS, Arizona Mr. KNIGHT, California gifts of life and truth. Mr. HULTGREN, Illinois Mr. RICE, South Carolina We humbly beg wisdom and prudence f for those who work in this Chamber. Mr. WOMACK, Arkansas May the laws of this Nation be a mir- APPOINTMENT OF MEMBER TO Mr. WOODALL, Georgia ror of Your will. BRITISH-AMERICAN INTER- Mr. FLORES, Texas Give the Members the virtue of cour- PARLIAMENTARY GROUP age in difficult times, the virtue of The SPEAKER pro tempore. The f charity in all times and at the end of Chair announces the Speaker’s ap- the day, the certain knowledge that pointment, pursuant to 22 U.S.C. 276l, APPOINTMENT OF MEMBERS TO they have served their country well. and the order of the House of January CANADA-UNITED STATES INTER- We ask all things in Your Holy 3, 2017, of the following Member on the PARLIAMENTARY GROUP Name. part of the House to the British-Amer- The SPEAKER pro tempore. The Amen. ican Interparliamentary Group: Chair announces the Speaker’s ap- f Mr. COLE, Oklahoma pointment, pursuant to 22 U.S.C. 276d f and the order of the House of January THE JOURNAL 3, 2017, of the following Members on the The SPEAKER pro tempore. The APPOINTMENT OF MEMBERS TO part of the House to the Canada-United Chair has examined the Journal of the VIRGIN ISLANDS OF THE UNITED States Interparliamentary Group: last day’s proceedings and announces STATES CENTENNIAL Mr. HUIZENGA, Michigan, Chairman to the House his approval thereof. COMMISION Mr. YOUNG, Alaska Pursuant to clause 1, rule I, the Jour- The SPEAKER pro tempore. The Mr. POLIQUIN, Maine nal stands approved. Chair announces the Speaker’s ap- Mr. CRAMER, North Dakota

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

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VerDate Sep 11 2014 01:27 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A09FE7.000 H09FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1090 CONGRESSIONAL RECORD — HOUSE February 9, 2017 APPOINTMENT OF MEMBERS TO Mr. DESANTIS, Florida meetings and negotiation sessions relating to trade agreements. MEXICO-UNITED STATES INTER- f PARLIAMENTARY GROUP With best wishes, I am, APPOINTMENT OF MEMBERS TO Sincerely, The SPEAKER pro tempore. The UNITED STATES HOLOCAUST ME- KAREN L. HAAS. Chair announces the Speaker’s ap- MORIAL COUNCIL f pointment, pursuant to 22 U.S.C. 276h and the order of the House of January The SPEAKER pro tempore. The PUBLICATION OF COMMITTEE 3, 2017, of the following Members on the Chair announces the Speaker’s ap- RULES part of the House to the Mexico-United pointment, pursuant to 36 U.S.C. 2302, RULES OF THE COMMITTEE ON NATURAL States Interparliamentary Group: and the order of the House of January RESOURCES FOR THE 115TH CONGRESS Mr. MCCAUL, Texas, Chairman 3, 2017, of the following Members on the HOUSE OF REPRESENTATIVES, Mr. DUFFY, Wisconsin, Vice-Chair- part of the House to the United States COMMITTEE ON NATURAL RESOURCES, man Holocaust Memorial Council: Washington, DC, February 9, 2017. Hon. PAUL D. RYAN, Mr. HURD, Texas Ms. ROS-LEHTINEN, Florida Speaker, House of Representatives, Mr. PEARCE, New Mexico Mr. ZELDIN, New York Mr. KUSTOFF, Tennessee Washington, DC. f DEAR MR. SPEAKER: Pursuant to clause f 2(a)(2) of House of Representatives Rule XI, I APPOINTMENT OF MEMBER TO submit the rules of the Committee on Nat- BOARD OF TRUSTEES OF THE APPOINTMENT OF MEMBERS TO PRESIDENT’S EXPORT COUNCIL ural Resources for publication in the Con- JOHN F. KENNEDY CENTER FOR gressional Record. The rules were adopted by THE PERFORMING ARTS The SPEAKER pro tempore. The a quorum of the Committee at its organiza- Chair announces the Speaker’s ap- tional meeting on February 7, 2017. The SPEAKER pro tempore. The Sincerely, Chair announces the Speaker’s appointment, pursuant to Executive Order 12131, and the order of the House ROB BISHOP, pointment, pursuant to section 2(a) of Chairman. the National Cultural Center Act (20 of January 3, 2017, of the following Enclosure. U.S.C. 76h(a)), amended by Public Law Members on the part of the House to 107–117, and the order of the House of the President’s Export Council: (Adopted February 7, 2017) January 3, 2017, of the following Mem- Mr. TIBERI, Ohio RULE 1. RULES OF THE HOUSE; VICE CHAIRMEN ber on the part of the House to the Mr. KELLY, Pennsylvania (a) Applicability of House Rules. Board of Trustees of the John F. Ken- Mr. REICHERT, Washington (1) The Rules of the House of Representa- nedy Center for the Performing Arts: f tives, so far as they are applicable, are the rules of the Committee on Natural Resources Mrs. COMSTOCK, Virginia COMMUNICATION FROM THE (hereinafter in these rules referred to as the f CLERK OF THE HOUSE ‘‘Committee’’) and its Subcommittees. The SPEAKER pro tempore laid be- (2) Each Subcommittee is part of the Com- APPOINTMENT OF MEMBER TO NA- mittee and is subject to the authority, direc- TIONAL HISTORICAL PUBLICA- fore the House the following commu- tion and rules of the Committee. References TIONS AND RECORDS COMMIS- nication from the Clerk of the House of in these rules to ‘‘Committee’’ and ‘‘Chair- SION Representatives: man’’ shall apply to each Subcommittee and The SPEAKER pro tempore. The OFFICE OF THE CLERK, its Chairman wherever applicable. (3) House Rule XI is incorporated and made Chair announces the Speaker’s ap- HOUSE OF REPRESENTATIVES, Washington, DC, February 8, 2017. a part of the rules of the Committee to the pointment, pursuant to 44 U.S.C. 2501, Hon. PAUL D. RYAN, extent applicable. and the order of the House of January The Speaker, House of Representatives, (b) Vice Chairmen.—Unless inconsistent 3, 2017, of the following Member on the Washington, DC. with other rules, the Chairman shall appoint part of the House to the National His- DEAR MR. SPEAKER: Pursuant to the per- Vice Chairmen of the Committee and the torical Publications and Records Com- mission granted in Clause 2(h) of Rule II of Subcommittees. If the Chairman of the Com- mission: the Rules of the U.S. House of Representa- mittee or Subcommittee is not present at any meeting of the Committee or Sub- Mr. MEADOWS, North Carolina tives, the Clerk received the following message from the Secretary of the Senate on committee, as the case may be, the Vice f February 8, 2017, at 2:25 p.m.: Chairman shall preside. If the Vice Chairman is not present, the ranking Member of the APPOINTMENT OF INDIVIDUAL TO Appointments: Library of Congress Trust Fund Board. Majority party on the Committee or Sub- WESTERN HEMISPHERE DRUG With best wishes, I am, committee who is present shall preside at POLICY COMMISSION Sincerely, that meeting. The SPEAKER pro tempore. The KAREN L. HAAS. RULE 2. MEETINGS IN GENERAL Chair announces the Speaker’s ap- f (a) Scheduled Meetings.—The Committee pointment, pursuant to section 603 of shall meet at 10 a.m. the first Wednesday of COMMUNICATION FROM THE the Department of State Authorities each month when the House is in session if CLERK OF THE HOUSE Act, Fiscal Year 2017 (Pub. L. 114–323), so noticed by the Chairman under Com- and order of the House of January 3, The SPEAKER pro tempore laid be- mittee Rule 3(a). The Committee shall also fore the House the following commu- meet at the call of the Chairman subject to 2017, of the following individual on the advance notice to all Members of the Com- part of the House to the Western Hemi- nication from the Clerk of the House of mittee. Special meetings shall be called and sphere Drug Policy Commission: Representatives: convened by the Chairman as provided in Ms. Mary Bono, Washington, D.C. OFFICE OF THE CLERK, clause 2(c)(1) of House Rule XI. Any Com- HOUSE OF REPRESENTATIVES, f mittee meeting or hearing that conflicts Washington, DC, February 9, 2017. with a party caucus, conference, or similar APPOINTMENT OF MEMBERS TO Hon. PAUL D. RYAN, party meeting shall be rescheduled at the BOARD OF VISITORS TO THE The Speaker, House of Representatives, discretion of the Chairman, in consultation UNITED STATES NAVAL ACAD- Washington, DC. with the Ranking Minority Member. The EMY DEAR MR. SPEAKER: Pursuant to the per- Committee may not sit during a joint ses- mission granted in Clause 2(h) of Rule II of sion of the House and Senate or during a re- The SPEAKER pro tempore. The the Rules of the U.S. House of Representa- cess when a joint meeting of the House and Chair announces the Speaker’s ap- tives, the Clerk received the following mes- Senate is in progress. pointment, pursuant to 10 U.S.C. sage from the Secretary of the Senate on (b) Open Meetings.—Each meeting for the 6968(a), and the order of the House of February 9, 2017, at 11:23 a.m.: transaction of business, including the mark- January 3, 2017, of the following Mem- Appointments: up of legislation, and each hearing of the Library of Congress Trust Fund Board. Committee or a Subcommittee shall be open bers on the part of the House to the United States Semiquincentennial Com- to the public, except as provided by clause Board of Visitors to the United States mission. 2(g) and clause 2(k) of House Rule XI. Naval Academy: Congressional advisors on trade policy and (c) Broadcasting.—Whenever a meeting for Mr. MURPHY, Pennsylvania negotiations to International conferences, the transaction of business, including the

VerDate Sep 11 2014 01:27 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K09FE7.003 H09FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 9, 2017 CONGRESSIONAL RECORD — HOUSE H1091 markup of legislation, or a hearing is open to the authorizing of a subpoena, the closing of Committee during a meeting or hearing of the public, that meeting or hearing shall be any meeting or hearing to the public under the Committee, except that Committee open to coverage by television, radio, and clause 2(g)(1), clause 2(g)(2)(A) and clause Members’ personal staff may be present on still photography in accordance with clauses 2(k)(5)(B) of House Rule XI, and the releasing the daises if their employing Member is the 2(a)(1) and 4 of House Rule XI. The provisions of executive session materials under clause author of a bill or amendment under consid- of clause 4(1) of House Rule XI are specifi- 2(k)(7) of House Rule X. Testimony and evi- eration by the Committee, but only during cally made part of these rules by reference. dence may be received at any hearing at the time that the bill or amendment is under To the maximum extent practicable, the which there are at least two Members of the active consideration by the Committee. Ac- Committee shall provide audio and visual Committee present. For the purpose of cess to the conference rooms adjacent to the coverage of each hearing or meeting for the transacting all other business of the Com- Committee hearing rooms shall be limited to transaction of business in a manner that al- mittee, one third of the Members shall con- Members of Congress and employees of Con- lows the public to easily listen to and view stitute a quorum. gress during a meeting or hearing of the the proceedings, and maintain the recordings (2) When a call of the roll is required to as- Committee. of such coverage in a manner that is easily certain the presence of a quorum, the offices (m) Cellular Telephones.—The use of cel- accessible to the public. Operation and use of of all Members shall be notified and the lular telephones is prohibited on the Com- any Committee Internet broadcast system Members shall have not less than 15 minutes mittee dais or in the Committee hearing shall be fair and nonpartisan and in accord- to prove their attendance. The Chairman rooms during a meeting or hearing of the ance with clause 4(b) of House Rule XI and shall have the discretion to waive this re- Committee. all other applicable rules of the Committee quirement when a quorum is actually (n) Motion to go to Conference with the and the House. present or whenever a quorum is secured and Senate.—The Chairman may offer a motion (d) Authorization and Oversight Plan.—No may direct the relevant Committee Staff to under clause 1 of Rule XXII whenever the later than February 15 of the first session of note the names of all Members present with- Chairman considers it appropriate. each Congress, the Committee shall adopt its in the 15-minute period. (o) Materials for Record.—Other than wit- authorization and oversight plan for that (f) Participation of Members in Committee ness questions for the hearing record, mate- Congress in accordance with clause 2(d) of and Subcommittees.—Any Member of the rials must be submitted within 10 business House Rule X. Committee may sit with any Subcommittee days following the last day of the hearing or RULE 3. MEETING AND HEARING PROCEDURES IN during any meeting or hearing, and by unan- meeting. Witness questions for the hearing GENERAL imous consent of the Members of the Sub- record must be submitted to the relevant committee, may participate in such meeting Full Committee Staff or Subcommittee (a) Notice and Information for Members or hearing, except that a former Chairman or Clerk within 3 business days following the and the Public. former Ranking Member of the Full Com- last day of the hearing. The materials sub- (1) The Chairman shall publicly announce mittee may participate without unanimous mitted must address the subject matter of the date, place and subject matter of a Com- consent. However, a Member who is not a the hearing or meeting. Only a Member of mittee hearing or meeting in accordance Member of the Subcommittee (including the Committee or an invited witness may with clause 2(g)(3) of House Rule XI. former Full Committee Chairmen or Full submit materials for inclusion in the hearing (2) A hearing or meeting may begin sooner Committee Ranking Members) may not vote or meeting record. if the Chairman, with the concurrence of the on any matter before the Subcommittee, be Ranking Minority Member, determines that RULE 4. HEARING PROCEDURES counted for purposes of establishing a there is good cause to begin the meeting or (a) Written Statement; Oral Testimony.— quorum or raise points of order. Each witness who is to appear before the hearing sooner, or if the Committee so deter- (g) Proxies.—No vote in the Committee or Committee or a Subcommittee shall file mines by majority vote. In these cases, the its Subcommittees may be cast by proxy. Chairman shall publicly announce the meet- (h) Record Votes.—Record votes shall be with the relevant Full Committee Staff or ing or hearing at the earliest possible time. ordered on the demand of one-fifth of the Subcommittee Clerk, at least two working The Committee shall promptly notify the Members present, or by any Member in the days before the day of his or her appearance, Daily Digest Clerk of the Congressional apparent absence of a quorum. a written statement of their proposed testi- Record and shall promptly make publicly (i) Postponed Record Votes. mony. Each witness shall limit his or her available in electronic form the appropriate (1) Subject to paragraph (2), the Chairman oral presentation to a five-minute summary information as soon as possible after the may, after consultation with the Ranking of the written statement, unless the Chair- public announcement is made. Minority Member, postpone further pro- man, in consultation with the Ranking Mi- (3) To the extent practicable, a background ceedings when a record vote is ordered on the nority Member, extends this time period. memorandum prepared by the Majority staff question of approving any measure or matter Subject to the approval of the Committee, summarizing the major provisions of any bill or adopting an amendment. The Chairman the Chairman may waive oral testimony of being considered by the Committee, includ- shall resume proceedings on a postponed re- any witness who has submitted written testi- ing the need for the bill and its effect on cur- quest at any time after reasonable notice, mony for the record. In addition, a witness rent law, will be available for the Members but no later than the next meeting day. appearing in a nongovernmental capacity of the Committee and the public no later (2) Notwithstanding any intervening order shall include a curriculum vitae and a disclo- than 48 hours before the meeting. for the previous question, when proceedings sure of any Federal grants or contracts, or (b) Public Availability of Markup Text.— resume on a postponed question under para- contracts or payments originating with a At least 24 hours prior to the markup of any graph (1), an underlying proposition shall re- foreign government, received during the cur- legislation (or at the time of an announce- main subject to further debate or amend- rent calendar year or either of the previous ment under paragraph (a)(2) above made ment to the same extent as when the ques- two calendar years by the witness or by the within 24 hours before such meeting), the tion was postponed. entity represented by the witness and re- Chairman shall cause the text of such legis- (3) This rule shall apply to Subcommittee lated to the subject matter of the hearing. lation to be made publicly available in elec- proceedings. The disclosure shall include the amount and tronic form. (j) Privileged Motions.—A motion to recess source of each Federal grant (or subgrant (c) Meetings and Hearings to Begin from day to day, a motion to recess subject thereof) or contract (or subcontract thereof) Promptly.—Each meeting or hearing of the to the call of the Chairman (within 24 hours), related to the subject matter of the hearing Committee shall begin promptly at the time and a motion to dispense with the first read- and the amount and country of origin of any stipulated in the public announcement of the ing (in full) of a bill or resolution if printed payment or contract related to the subject meeting or hearing. copies are available, are nondebatable mo- matter of the hearing originating with a for- (d) Addressing the Committee.—A Com- tions of high privilege. eign government. Failure to comply with mittee Member may address the Committee (k) Layover and Copy of Bill.—No measure these disclosure requirements may result in or a Subcommittee on any bill, motion, or or recommendation reported by a Sub- the exclusion of the written testimony from other matter under consideration or may committee shall be considered by the Com- the hearing record and/or the barring of an question a witness at a hearing only when mittee until two calendar days from the oral presentation of the testimony. recognized by the Chairman for that purpose. time of Subcommittee action. No bill shall (b) Minority Witnesses.—When any hearing The time a Member may address the Com- be considered by the Committee unless a is conducted by the Committee or any Sub- mittee or Subcommittee for any purpose or copy has been delivered to the office of each committee upon any measure or matter, the to question a witness shall be limited to five Member of the Committee requesting a copy. Minority party Members on the Committee minutes, except as provided in Committee These requirements may be waived by a ma- or Subcommittee shall be entitled, upon re- Rule 4(f). A Member shall limit his remarks jority vote of the Committee at the time of quest to the Chairman by a majority of those to the subject matter under consideration. consideration of the measure or rec- Minority Members before the completion of The Chairman shall enforce the preceding ommendation. the hearing, to call witnesses selected by the provision. (l) Access to Dais and Conference Room.— Minority to testify with respect to that (e) Quorums. Access to the hearing rooms’ daises (and to measure or matter during at least one day of (1) A majority of the Members of the Com- the conference rooms adjacent to the Com- hearings thereon. mittee shall constitute a quorum for the re- mittee hearing rooms) shall be limited to (c) Information for Members.—After an- porting of any measure or recommendation, Members of Congress and employees of the nouncement of a hearing, the Committee

VerDate Sep 11 2014 01:27 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A09FE7.005 H09FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1092 CONGRESSIONAL RECORD — HOUSE February 9, 2017 shall make available as soon as practicable House on the State of the Union for the con- other historic preservation programs and ac- to all Members of the Committee a tentative sideration of the measure; and to moving in tivities, including national monuments, his- witness list and to the extent practicable the accordance with the Rules of the House of toric sites and programs for international Majority staff shall make publicly available Representatives for the disposition of a Sen- cooperation in the field of historic preserva- a memorandum explaining the subject mat- ate measure that is substantially the same tion. ter of the hearing (including relevant legisla- as the House measure as reported. (7) Matters concerning the following agen- tive reports and other necessary material). (b) Filing.—A report on a measure which cies and programs: Urban Parks and Recre- In addition, the Chairman shall make avail- has been approved by the Committee shall be ation Recovery Program, Historic American able to the Members of the Committee any filed within seven calendar days (exclusive of Buildings Survey, Historic American Engi- official reports from departments and agen- days on which the House of Representatives neering Record, and U.S. Holocaust Memo- cies on the subject matter as they are re- is not in session) after the day on which rial. ceived. there has been filed with the relevant Full (8) Public lands generally, including meas- (d) Subpoenas.—The Committee or a Sub- Committee Staff a written request, signed by ures or matters relating to entry, easements, committee may authorize and issue a sub- a majority of the Members of the Com- withdrawals, grazing and Federal reserved poena under clause 2(m) of House Rule XI if mittee, for the reporting of that measure. water rights. authorized by a majority of the Members Upon the filing with the relevant Full Com- (9) Forfeiture of land grants and alien own- voting. In addition, the Chairman of the mittee Staff of this request, the Staff shall ership, including alien ownership of mineral Committee may authorize and issue sub- transmit immediately to the Chairman no- lands. poenas during any period of time in which tice of the filing of that request. (10) Cooperative efforts to encourage, en- the House of Representatives has adjourned (c) Supplemental, Additional, Dissenting hance and improve international programs for more than three days. Subpoenas shall be or Minority Views.—Any Member may, if no- for the protection of the environment and signed only by the Chairman of the Com- tice is given by any Member at the time a the conservation of natural resources other- mittee, or any Member of the Committee au- measure or matter is approved by the Com- wise within the jurisdiction of the Sub- thorized by the Committee, and may be mittee, file supplemental, additional, dis- committee. served by any person designated by the senting or minority views. These views must (11) Forest reservations, including manage- Chairman or Member. be in writing and signed by each Member ment thereof, created from the public do- (e) Oaths.—The Chairman of the Com- joining therein and be filed with the Com- main. mittee, the Chairmen of the Subcommittees mittee Chief Counsel not less than two addi- (12) Public forest lands generally, includ- or any Member designated by the Chairman tional calendar days (excluding Saturdays, ing measures or matters related to entry, may administer oaths to any witness before Sundays and legal holidays except when the easements, withdrawals, grazing and Federal the Committee. All witnesses appearing in House is in session on those days) of the time reserved water rights. (13) Wildlife resources, including research, hearings may be administered the following the bill or resolution is approved by the restoration, refuges and conservation, and oath by the Chairman or his designee prior Committee. This paragraph shall not pre- National Wildlife Refuges. to receiving the testimony: ‘‘Do you sol- clude the filing of any supplemental report emnly swear or affirm that the testimony on any measure or matter that may be re- Subcommittee on Water, Power and Oceans that you are about to give is the truth, the quired for the correction of any technical (1) Generation and marketing of electric whole truth, and nothing but the truth, so error in a previous report made by the Com- power from Federal water projects by Feder- help you God?’’ mittee on that bill or resolution. ally chartered or Federal regional power (f) Opening Statements; Questioning of (d) Review by Members.—Each Member of marketing authorities. Witnesses. the Committee shall be given an opportunity (2) All measures and matters concerning (1) Opening statements may be made by to review each proposed Committee report water resources planning conducted pursu- the Chairman, Ranking Member, Vice Chair, before it is filed with the Clerk of the House ant to the Water Resources Planning Act, and Vice Ranking Member only. If a witness of Representatives. Nothing in this para- water resource research and development scheduled to testify at any hearing of the graph extends the time allowed for filing programs and saline water research and de- Committee is a constituent of a Member of supplemental, additional or minority views velopment. the Committee, that Member may be recog- under paragraph (c). (3) Compacts relating to the use and appor- nized for up to 30 seconds to briefly intro- (e) Disclaimer.—All Committee or Sub- tionment of interstate waters, water rights duce the witness at the hearing. committee reports printed and not approved and major interbasin water or power move- (2) The questioning of witnesses in Com- by a majority vote of the Committee or Sub- ment programs. mittee and Subcommittee hearings shall be committee, as appropriate, shall contain the (4) All measures and matters pertaining to initiated by the Chairman, followed by the following disclaimer on the cover of the re- irrigation and reclamation projects and Ranking Minority Member and all other port: other water resources development and recy- Members alternating between the Majority ‘‘This report has not been officially adopt- cling programs, including policies and proce- and Minority parties. In recognizing Mem- ed by the {Committee on Natural Resources} dures. bers to question witnesses, the Chairman {Subcommittee} and may not therefore nec- (5) Indian water rights and settlements. shall take into consideration the ratio of the essarily reflect the views of its Members.’’ (6) Rights of way over public lands for en- Majority to Minority Members present and RULE 6. ESTABLISHMENT OF SUBCOMMITTEES; ergy-related transmission. (7) Fisheries management and fisheries re- shall establish the order of recognition for FULL COMMITTEE JURISDICTION; BILL REFER- search generally, including the management questioning in a manner so as not to dis- RALS of all commercial and recreational fisheries advantage the Members of the Majority or (a) Subcommittees.—There shall be five (including the reauthorization of the Magnu- the Members of the Minority. A motion is in standing Subcommittees of the Committee, son Stevens Fishery Conservation and Man- order to allow designated Majority and Mi- with the following jurisdiction and respon- agement Act), interjurisdictional fisheries, nority party Members to question a witness sibilities: international fisheries agreements, aqua- for a specified period to be equally divided Subcommittee on Federal Lands culture, seafood safety, and fisheries pro- between the Majority and Minority parties. (1) Measures and matters related to the motion. This period shall not exceed one hour in the National Park System and its units, includ- (8) All matters pertaining to the protection aggregate. ing Federal reserved water rights. of coastal and marine environments, estua- (g) Claims of Privilege.—Claims of com- (2) The National Wilderness Preservation rine protection, and coastal barriers (except mon-law privileges made by witnesses in System. coastal zone management). hearings, or by interviewees or deponents in (3) Wild and Scenic Rivers System, Na- (9) Oceanography. investigations or inquiries, are applicable tional Trails System, national heritage areas and other national units established for pro- (10) Ocean engineering, including mate- only at the discretion of the Chairman, sub- rials, technology and systems. ject to appeal to the Committee. tection, conservation, preservation or recreational development, other than coastal (11) Marine sanctuaries. RULE 5. FILING OF COMMITTEE REPORTS (12) U.N. Convention on the Law of the Sea. barriers. (a) Duty of Chairman.—Whenever the Com- (4) Military parks and battlefields, na- (13) All matters regarding Antarctica with- mittee authorizes the favorable reporting of tional cemeteries administered by the Sec- in the Committee’s jurisdiction. (14) Sea Grant programs and marine exten- a measure from the Committee, the Chair- retary of the Interior, parks in and within sion services. man or his designee shall report the same to the vicinity of the District of Columbia and (15) Cooperative efforts to encourage, en- the House of Representatives and shall take the erection of monuments to the memory of hance and improve international programs all steps necessary to secure its passage individuals. for the protection of the environment and without any additional authority needing to (5) Federal and non-Federal outdoor recre- the conservation of natural resources other- be set forth in the motion to report each ination plans, programs and administration in- wise within the jurisdiction of the Sub- dividual measure. In appropriate cases, the cluding the Land and Water Conservation committee. authority set forth in this rule shall extend Fund Act of 1965 and the Outdoor Recreation to moving in accordance with the Rules of Act of 1963. Subcommittee on Energy and Mineral Resources the House of Representatives that the House (6) Preservation of prehistoric ruins and (1) All measures and matters concerning be resolved into the Committee of the Whole objects of interest on the public domain and the U.S. Geological Survey, except for the

VerDate Sep 11 2014 01:27 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A09FE7.006 H09FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 9, 2017 CONGRESSIONAL RECORD — HOUSE H1093 activities and programs of the Water Re- Subcommittee activities but may not vote mittee may serve as ex-officio Members of sources Division or its successor. and may not be counted in establishing a each Task Force, or special or select Sub- (2) All measures and matters affecting geo- quorum. committee if they are not otherwise mem- thermal resources. (d) Powers and Duties of Subcommittees.— bers. Ex-officio Members shall have the right (3) Conservation of United States uranium Each Subcommittee is authorized to meet, to fully participate in activities but may not supply. hold hearings, receive evidence and report to vote and may not be counted in establishing (4) Mining interests generally, including the Committee on all matters within its ju- a quorum. all matters involving mining regulation and risdiction. Each Subcommittee shall review (c) Party Ratios.—The ratio of Majority enforcement, including the reclamation of and study, on a continuing basis, the appli- Members to Minority Members, excluding mined lands, the environmental effects of cation, administration, execution and effec- ex-officio Members, on each Task Force, spe- mining, and the management of mineral re- tiveness of those statutes, or parts of stat- cial or select Subcommittee shall be as close ceipts, mineral land laws and claims, long- utes, the subject matter of which is within as practicable to the ratio on the Full Com- range mineral programs and deep seabed that Subcommittee’s jurisdiction; and the mittee. mining. organization, operation, and regulations of (d) Temporary Resignation.—A Member (5) Mining schools, experimental stations any Federal agency or entity having respon- can temporarily resign his or her position on and long-range mineral programs. sibilities in or for the administration of such a Subcommittee to serve on a Task Force, (6) Mineral resources on public lands. statutes, to determine whether these stat- special or select Subcommittee without prej- (7) Conservation and development of oil utes are being implemented and carried out udice to the Member’s seniority on the Sub- and gas resources of the Outer Continental in accordance with the intent of Congress. committee. (e) Chairman and Ranking Minority Mem- Shelf. Each Subcommittee shall review and study ber.—The Chairman of any Task Force, or (8) Petroleum conservation on the public any conditions or circumstances indicating special or select Subcommittee shall be ap- lands and conservation of the radium supply the need of enacting new or supplemental pointed by the Chairman of the Committee. in the United States. legislation within the jurisdiction of the The Ranking Minority Member shall select a (9) Measures and matters concerning the Subcommittee. Each Subcommittee shall Ranking Minority Member for each Task transportation of natural gas from or within have general and continuing oversight and Force, or standing, special or select Sub- Alaska and disposition of oil transported by investigative authority over activities, poli- committee. the trans-Alaska oil pipeline. cies and programs within the jurisdiction of (10) Cooperative efforts to encourage, en- the Subcommittee. RULE 8. RECOMMENDATION OF CONFEREES hance and improve international programs (e) Referral to Subcommittees; Recall. Whenever it becomes necessary to appoint for the protection of the environment and (1) Except as provided in paragraph (2) and conferees on a particular measure, the Chair- the conservation of natural resources other- for those measures or matters retained at man shall recommend to the Speaker as con- wise within the jurisdiction of the Sub- the Full Committee, every legislative meas- ferees those Majority Members, as well as committee. ure or other matter referred to the Com- those Minority Members recommended to (11) Coastal zone management. mittee shall be referred to the maximum ex- the Chairman by the Ranking Minority Subcommittee on Indian, Insular and Alaska tent possible to the Subcommittee of juris- Member, primarily responsible for the meas- Native Affairs diction within two weeks of the date of its ure. The ratio of Majority Members to Mi- nority Members recommended for con- (1) Measures relating to the welfare of Na- referral to the Committee. If any measure or ferences shall be no greater than the ratio on tive Americans, including management of matter is within or affects the jurisdiction of the Committee. Indian lands in general and special measures one or more Subcommittees, the Chairman relating to claims which are paid out of In- may refer that measure or matter simulta- RULE 9. COMMITTEE RECORDS dian funds. neously to two or more Subcommittees for (a) Segregation of Records.—All Com- (2) All matters regarding the relations of concurrent consideration or for consider- mittee records shall be kept separate and the United States with Native Americans ation in sequence subject to appropriate distinct from the office records of individual and Native American tribes, including spe- time limits, or divide the matter into two or Committee Members serving as Chairmen or cial oversight functions under House Rule X. more parts and refer each part to a Sub- Ranking Minority Members. These records (3) All matters regarding Native Alaskans. committee. shall be the property of the House and all (4) All matters related to the Federal trust (2) The Chairman, with the approval of a Members shall have access to them in ac- responsibility to Native Americans and the majority of the Majority Members of the cordance with clause 2(e)(2) of House Rule sovereignty of Native Americans. Committee, may refer a legislative measure XI. (5) All matters regarding insular areas of or other matter to a select or special Sub- (b) Availability.—The Committee shall the United States. committee. A legislative measure or other make available to the public for review at (6) All measures or matters regarding the matter referred by the Chairman to a Sub- reasonable times in the Committee office Freely Associated States. committee may be recalled from the Sub- transcripts of public meetings and hearings, (7) All matters regarding Native Hawai- committee for direct consideration by the except those that are unrevised or unedited ians. Full Committee, or for referral to another and intended solely for the use of the Com- mittee. Subcommittee on Oversight and Investigations Subcommittee, provided Members of the Committee receive one week written notice (c) Archived Records.—Records of the Com- (1) Primary and general oversight and in- of the recall and a majority of the Members mittee which are deposited with the Na- vestigative authority on all activities, poli- of the Committee do not object. In addition, tional Archives shall be made available for cies and programs within the jurisdiction of a legislative measure or other matter republic use pursuant to House Rule VII. The the Committee under House Rule X. ferred by the Chairman to a Subcommittee Chairman of the Committee shall notify the (b) Full Committee.—The following meas- may be recalled from the Subcommittee at Ranking Minority Member of any decision, ures and matters shall be retained at the any time by majority vote of the Committee pursuant to clause 3(b)(3) or clause 4(b) of Full Committee: for direct consideration by the Full Com- House Rule VII, to withhold, or to provide a (1) Environmental and habitat measures of mittee or for referral to another Sub- time, schedule or condition for availability general applicability, including the National committee. of any record otherwise available. At the Environmental Policy Act and the Endan- (f) Consultation.—Each Subcommittee written request of any Member of the Com- gered Species Act. Chairman shall consult with the Chairman of mittee, the matter shall be presented to the (2) Cooperative efforts to encourage, en- the Full Committee prior to setting dates for Committee for a determination and shall be hance and improve international programs Subcommittee meetings and hearings with a subject to the same notice and quorum re- for the protection of the environment and view towards avoiding whenever possible quirements for the conduct of business under the conservation of natural resources other- conflicting Committee and Subcommittee Committee Rule 3. wise within the jurisdiction of the Full Com- (d) Records of Closed Meetings.—Notwith- meetings and hearings. mittee under this paragraph. standing the other provisions of this rule, no (g) Vacancy.—A vacancy in the member- (3) All other measures and matters re- records of Committee meetings or hearings ship of a Subcommittee shall not affect the tained by the Full Committee, including which were closed to the public pursuant to power of the remaining Members to execute those retained under Committee Rule 6(e). the Rules of the House of Representatives the functions of the Subcommittee. (4) General and continuing oversight and shall be released to the public unless the investigative authority over activities, poli- RULE 7. TASK FORCES, SPECIAL OR SELECT Committee votes to release those records in cies and programs within the jurisdiction of SUBCOMMITTEES accordance with the procedure used to close the Full Committee. (a) Appointment.—The Chairman of the the Committee meeting. (c) Ex-officio Members.—The Chairman Committee is authorized, after consultation (e) Classified Materials.—All classified ma- and Ranking Minority Member of the Com- with the Ranking Minority Member, to ap- terials shall be maintained in an appro- mittee may serve as ex-officio Members of point Task Forces, or special or select Sub- priately secured location and shall be re- each standing Subcommittee to which the committees, to carry out the duties and leased only to authorized persons for review, Chairman or the Ranking Minority Member functions of the Committee. who shall not remove the material from the have not been assigned. Ex-officio Members (b) Ex-Officio Members.—The Chairman Committee offices without the written per- shall have the right to fully participate in and Ranking Minority Member of the Com- mission of the Chairman.

VerDate Sep 11 2014 01:27 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A09FE7.006 H09FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1094 CONGRESSIONAL RECORD — HOUSE February 9, 2017 (f) Committee Information Available for (d) Additional Expenses.—Authorization adopt, all travel of Members and staff of the the Public.—In addition to any other re- for the payment of additional or unforeseen Committee or its Subcommittees, to hear- quirement of these rules or the Rules of the Committee expenses may be procured by one ings, meetings, conferences and investiga- House of Representatives, the Chairman or more additional expense resolutions proc- tions, including all foreign travel, must be shall cause to be made available publicly in essed in the same manner as set out under authorized by the Full Committee Chairman electronic form the following: this rule. prior to any public notice of the travel and (1) a record of the votes on any question on (e) Month Reports.—Copies of each month- prior to the actual travel. In the case of Mi- which a recorded vote is taken which shall ly report, prepared by the Chairman for the nority staff, all travel shall first be approved be posted no later than 24 hours after the Committee on House Administration, which by the Ranking Minority Member. Funds au- vote is taken that shall include: shows expenditures made during the report- thorized for the Committee under clauses 6 (i) a copy of the amendment or a detailed ing period and cumulative for the year, an- and 7 of House Rule X are for expenses in- description of the motion, order or other ticipated expenditures for the projected curred in the Committee’s activities within proposition; and Committee program, and detailed informa- the United States. (ii) the name of each Member voting for tion on travel, shall be available to each RULE 13. CHANGES TO COMMITTEE RULES and each Member voting against such Member. amendment, motion, order, or proposition, The rules of the Committee may be modi- RULE 11. COMMITTEE STAFF the names of those Members voting present, fied, amended, or repealed, by a majority and the names of any Member not present. (a) Rules and Policies.—Committee staff vote of the Committee, provided that written (2) copies of all amendments adopted in members are subject to the provisions of notice of the proposed change has been pro- Committee by voice vote or unanimous con- clause 9 of House Rule X, as well as any writ- vided each Member of the Committee prior sent within 24 hours of the adoption of the ten personnel policies the Committee may to the meeting date on which the changes amendment. from time to time adopt. are to be discussed and voted on consistent (3) the rules of the Committee, once adopt- (b) Majority and Nonpartisan Staff.—The with Committee Rule 3(a). A change to the ed, and any amendments thereto, in accord- Chairman shall appoint, determine the re- rules of the Committee shall be published in ance with clause 2(a)(2) of House Rule XI. muneration of, and may remove, the legisla- the Congressional Record no later than 30 (4) the statements required under the sec- tive and administrative employees of the days after its approval and made publicly ond sentence of clause 2(g)(5) of House Rule Committee not assigned to the Minority. available in electronic form. XI, with appropriate redactions to protect The legislative and administrative staff of RULE 14. OTHER PROCEDURES the privacy of the witness, which shall be the Committee not assigned to the Minority posted no later than one day after the wit- shall be under the general supervision and The Chairman may establish procedures ness appears before the Committee. direction of the Chairman, who shall estab- and take actions as may be necessary to carry out the rules of the Committee or to RULE 10. COMMITTEE BUDGET AND EXPENSES lish and assign the duties and responsibilities of these staff members and delegate any facilitate the effective administration of the (a) Budget.—At the beginning of each Con- authority he determines appropriate. Committee, in accordance with the rules of gress, after consultation with the Chairman (c) Minority Staff.—The Ranking Minority the Committee and the Rules of the House of of each Subcommittee and the Ranking Mi- Member of the Committee shall appoint, de- Representatives. nority Member, the Chairman shall present termine the remuneration of, and may re- to the Committee for its approval a budget move, the legislative and administrative covering the funding required for staff, trav- f staff assigned to the Minority within the el, and miscellaneous expenses. budget approved for those purposes. The leg- (b) Expense Resolution.—Upon approval by ADJOURNMENT the Committee of each budget, the Chair- islative and administrative staff assigned to man, acting pursuant to clause 6 of House the Minority shall be under the general su- The SPEAKER pro tempore. Without Rule X, shall prepare and introduce in the pervision and direction of the Ranking Mi- objection, the House stands adjourned House a supporting expense resolution, and nority Member of the Committee who may until noon on Monday, February 13, delegate any authority the Ranking Member take all action necessary to bring about its 2017, for morning-hour debate. approval by the Committee on House Admin- determines appropriate. (d) Availability.—The skills and services of There was no objection. istration and by the House of Representa- all Committee staff shall be available to all Thereupon (at 2 o’clock and 37 min- tives. (c) Amendments.—The Chairman shall re- Members of the Committee. utes p.m.), under its previous order, the port to the Committee any amendments to RULE 12. COMMITTEE TRAVEL House adjourned until Monday, Feb- each expense resolution and any related In addition to any written travel policies ruary 13, 2017, at noon for morning- changes in the budget. hthe Committee may from time to time hour debate. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the fourth quarter of 2016, pursuant to Public Law 95–384, are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2016

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. Conaway ...... 10/16 10/18 Egypt ...... 586.98 ...... 6,192.39 ...... 6,779.37 10/18 10/20 Kuwait ...... 787.09 ...... 2,086.19 ...... 2,873.28 10/20 10/23 Israel ...... 1,934.00 ...... 2,083.10 ...... 4,017.10 10/23 ...... USA ...... 6,192.39 ...... 6,192.39 Hon. Abraham ...... 10 /16 10 /18 Egypt ...... 586.98 ...... 6,192.39 ...... 6,779.37 10/18 10/20 Kuwait ...... 787.09 ...... 2,086.19 ...... 2,873.28 10/20 10/23 Israel ...... 1,934.00 ...... 2,083.10 ...... 4,017.10 10/23 ...... USA ...... 6,192.39 ...... 6,192.39 Scott Graves ...... 10 /16 10 /18 Egypt ...... 586.96 ...... 6,249.14 ...... 6,836.10 10/18 10/20 Kuwait ...... 787.09 ...... 872.10 ...... 1,659.19 10/20 10/23 Israel ...... 1,934.00 ...... 906.10 ...... 2,840.10 10/23 ...... USA ...... 6,249.14 ...... 6,249.14 Truman Jones ...... 10/16 10/18 Egypt ...... 586.96 ...... 6,249.14 ...... 6,836.10 10/18 10/20 Kuwait ...... 787.09 ...... 872.10 ...... 1,659.19 10/20 10/23 Israel ...... 1,934.00 ...... 906.10 ...... 2,840.10 10/23 ...... USA ...... 6,249.14 ...... 6,249.14

Committee total ...... 13,232.28 ...... 61,661.06 ...... 74,893.34

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. HON. K. MICHAEL CONAWAY, Chairman, Jan. 31, 2017.

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Hon. Kay Granger ...... 10/21 10/22 India ...... 402.25 ...... 10/22 10/26 Bhutan ...... 1,568.00 ...... Commercial airfare ...... 16,109.41 ...... Delegation costs ...... 1,167.69 ...... Hon. Ander Crenshaw ...... 10 /21 10 /22 India ...... 402.25 ...... 10/22 10/26 Bhutan ...... 1,568.00 ...... Commercial airfare ...... 13,747.91 ...... Delegation costs ...... 1,167.69 ...... Clelia Alvarado ...... 10/21 10 /22 India ...... 402.25 ...... 10/22 10/26 Bhutan ...... 1,568.00 ...... Commercial airfare ...... 12,982.98 ...... Delegation costs ...... 1,167.69 ...... Maureen Holohan ...... 10 /16 10/18 Korea ...... 1,062.00 ...... 10/19 10/20 Japan ...... 284.00 ...... Commercial airfare ...... 12,195.96 ...... Delegation costs ...... 370.93 ...... Sarah Young ...... 10/16 10/18 Korea ...... 1,062.00 ...... 10/19 10/20 Japan ...... 284.00 ...... Commercial airfare ...... 12,748.91 ...... Delegation costs ...... 370.93 ...... Jen Hing ...... 10 /16 10/18 Korea ...... 1,062.00 ...... 10/19 10/20 Japan ...... 284.00 ...... Commercial airfare ...... 12,708.82 ...... Delegation costs ...... 370.93 ...... Matt Washington ...... 10 /16 10 /18 Korea ...... 1,062.00 ...... 10/19 10/20 Japan ...... 284.00 ...... Commercial airfare ...... 12,707.97 ...... Delegation costs ...... 370.93 ...... Matt Leffingwell ...... 10 /16 10/18 Korea ...... 1,062.00 ...... Commercial airfare ...... 10 /19 10 /20 Japan ...... 284.00 ...... Commercial airfare ...... 12,707.30 ...... Delegation costs ...... 370.93 ...... Rita Culp ...... 10 /16 10/18 Korea ...... 1,062.00 ...... 10/19 10/20 Japan ...... 284.00 ...... Commercial airfare ...... 12,278.12 ...... Delegation costs ...... 370.93 ...... Hon. Steve Israel ...... 10 /15 10 /16 Japan ...... 485.57 ...... 10/16 10/18 Korea ...... 682.21 ...... BG Wright ...... 7/16 7/17 Pakistan ...... 357.50 ...... (3) ...... 7/17 7/17 Afghanistan ...... 66.00 ...... 7/18 7/20 Lebanon ...... 150.00 ...... Commercial airfare ...... 16,389.23 ...... Delegation costs ...... 1,222.84 ...... Cornell Teague ...... 7/16 7/17 Pakistan ...... 357.50 ...... 7/17 7/17 Afghanistan ...... 66.00 ...... 7/18 7/20 Lebanon ...... 150.00 ...... Commercial airfare ...... 16,527.49 ...... Delegation costs ...... 1,222.84 ...... Chris Bigelow ...... 7/16 7/17 Pakistan ...... 357.50 ...... 7/17 7/17 Afghanistan ...... 66.00 ...... 7/18 7/20 Lebanon ...... 420.00 ...... Commercial airfare ...... 18,937.97 ...... Delegation costs ...... 1,222.84 ...... Hon. Henry Cuellar ...... 10 /1 10 /3 Italy ...... 475.00 ...... 10/3 10/4 Zambia ...... 425.00 ...... 10/5 10/6 Mozambique ...... 660.00 ...... 10/7 10/9 South Africa ...... 819.00 ...... 10/10 10/10 Senegal ...... 257.00 ...... (3) ...... Hon. Tom Graves ...... 10 /1 10 /3 Italy ...... 475.00 ...... 10/3 10/4 Zambia ...... 425.00 ...... 10/5 10/6 Mozambique ...... 660.00 ...... 10/7 10/9 South Africa ...... 819.00 ...... 10/10 10/10 Senegal ...... 257.00 ...... (3) ...... Rob Blair ...... 10/1 10/5 Bahrain ...... 1,034.20 ...... 10/5 10/7 Jordan ...... 779.26 ...... Commercial airfare ...... 14,659.76 ...... Adrienne Ramsay ...... 10 /1 10 /5 Bahrain ...... 1,034.20 ...... 10/5 10/7 Jordan ...... 779.26 ...... Commercial airfare ...... 14,767.76 ...... Becky Leggieri ...... 10 /1 10 /5 Bahrain ...... 1,034.20 ...... 10/5 10/6 Jordan ...... 389.63 ...... Commercial airfare ...... 12,323.06 ...... Jim Kulikowski ...... 10/9 10/11 Ukraine ...... 371.43 ...... 10/11 10/13 Hungary ...... 664.50 ...... 10/13 10/14 Belarus ...... 241.00 ...... 10/14 10/18 Lithuania ...... 1,264.60 ...... Commercial airfare ...... 13,758.00 ...... Delegation costs ...... 136.79 ...... Shalanda Young ...... 10/9 10/11 Ukraine ...... 371.43 ...... 10/11 10/13 Hungary ...... 664.50 ...... 10/13 10/14 Belarus ...... 241.00 ...... 10/14 10/18 Lithuania ...... 1,264.58 ...... Commercial airfare ...... 7,203.63 ...... Delegation costs ...... 136.80 ...... Hon. Andy Harris ...... 10/15 10 /18 Lithuania ...... 895.15 ...... 10/18 10/19 Ukraine ...... 372.62 ...... Commercial airfare ...... 11,028.16 ...... Brooke Boyer ...... 10/31 11 /2 Iceland ...... 1,008.22 ...... 11/2 11/5 Norway ...... 997.10 ...... Commercial airfare ...... 4,708.29 ...... Kaitlyn Eisner-Poor ...... 10/31 11 /2 Iceland ...... 1,029.42 ...... 11/2 11/5 Norway ...... 997.10 ...... Commercial airfare ...... 4,864.27 ...... Hon. David Valadao ...... 12 /25 12 /29 Afghanistan ...... 360.00 ...... Commercial airfare ...... 13,279.06 ......

Committee total ...... 38,210.43 ...... 266,634.06 ...... 9,670.76 ...... 314,515.25 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. RODNEY P. FRELINGHUYSEN, Chairman, Jan. 27, 2017.

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Hon. Frederica Wilson ...... 10/29 10 /30 Haiti ...... 256.00 ...... 439.56 ...... 695.56 Committee total ...... 256.00 ...... 439.56 ...... 695.56 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. HON. VIRGINIA FOXX, Chairman, Jan. 31, 2017.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ENERGY AND COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2016

Andrew Zach ...... 9/24 10/1 Austria ...... 1,633.08 ...... 2,570.66 ...... 4,203.74 Ben Lieberman ...... 10/8 10/16 Rwanda ...... 2,222.78 ...... 13,151.96 ...... 840.00 ...... 16,214.74 Annelise Rickert ...... 10/8 10/16 Rwanda ...... 2,222.78 ...... 13,151.96 ...... 15,374.74 Jean Fruci ...... 10 /8 10 /16 Rwanda ...... 2,222.78 ...... 7,132.36 ...... 9,355.14 Hon. Bill Flores ...... 10/15 10/17 Lithuania ...... 895.15 ...... 13,590.26 ...... 3,389.14 ...... 17,874.55 10/18 10/19 Ukraine ...... 372.62 ...... 180.27 ...... 552.89 Andrew Zach ...... 10/15 10 /17 Lithuania ...... 895.15 ...... 13,590.26 ...... 14,485.41 10/18 10/19 Ukraine ...... 372.62 ...... 372.62 Thomas Hassenboehler ...... 10/17 10/19 Romania ...... 465.00 ...... 8,097.96 ...... 465.00 ...... 9,027.96 10/19 10/20 Belgium ...... 301.56 ...... 96.95 ...... 763.68 ...... 1,162.19 10/20 10/22 France ...... 906.00 ...... 2,425.00 ...... 3,331.00 Ann Johnston ...... 10 /17 10 /19 Romania ...... 465.00 ...... 5,926.86 ...... 6,391.86 10/19 10/20 Belgium ...... 301.57 ...... 96.95 ...... 398.52 10/20 10/22 France ...... 906.00 ...... 906.00 Brandon Mooney ...... 10/17 10/19 Romania ...... 465.00 ...... 5,928.16 ...... 6,393.16 10/19 10/20 Belgium ...... 301.56 ...... 96.95 ...... 398.51 10/20 10/22 France ...... 906.00 ...... 906.00 Sam Spector ...... 10/17 10 /20 Romania ...... 465.00 ...... 5,928.16 ...... 6,393.16 10/19 10/20 Belgium ...... 301.56 ...... 96.95 ...... 398.51 10/20 10/22 France ...... 906.00 ...... 906.00 Joseph Wright ...... 10 /17 10 /19 Romania ...... 465.00 ...... 5,929.26 ...... 6,394.26 10/19 10/20 Belgium ...... 301.56 ...... 96.95 ...... 398.51 10/20 10/22 France ...... 906.00 ...... 906.00 Eric Kessler ...... 10/17 10 /19 Romania ...... 465.00 ...... 5,928.16 ...... 6,393.16 10/19 10/20 Belgium ...... 301.56 ...... 96.95 ...... 398.51 10/20 10/22 France ...... 906.00 ...... 906.00 Mary Neumayr ...... 10 /30 11/3 Norway ...... 819.50 ...... 4,592.86 ...... 5,412.36 11/3 11/6 Germany ...... 832.98 ...... 832.98 11/12 11/20 Morocco ...... 4,137.07 ...... 9,917.66 ...... 14,054.73 Peter Spencer ...... 11/12 11/20 Morocco ...... 4,137.07 ...... 9,917.66 ...... 14,054.73 Jean Fruci ...... 11 /12 11 /19 Morocco ...... 3,561.00 ...... 7,556.66 ...... 11,117.66 11/19 11/20 Belgium ...... 121.88 ...... 121.88 Alicia Haberman ...... 11/12 11 /19 Morocco ...... 3,561.00 ...... 7,556.66 ...... 11,117.66 11/19 11/20 Belgium ...... 121.88 ...... 121.88 Hon. Adam Kinzinger ...... 11/18 11 /20 Nova Scotia ...... 588.00 ...... (3) ...... 588.00 Hon. Markwayne Mullin ...... 12 /17 12 /18 Kosovo ...... 252.10 ...... 13,754.66 ...... 36.56 ...... 14,043.32 ...... Turkey ...... 292.20 ...... 50.00 ...... 342.20 ...... Germany ...... 338.77 ...... 338.77 Committee total ...... 39,635.78 ...... 154,803.88 ...... 8,149.65 ...... 202,589.31 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. FRED UPTON, Chairman, Jan. 30, 2017.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2016

Joseph Pinder ...... 10 /29 10/30 Bahrain ...... 315.00 ...... 315.00 10/30 11/1 UAE (Dubai) ...... 1,015.00 ...... 1,015.00 11/1 11/2 UAE (Abu Dhabi) ...... 536.00 ...... 536.00 11/2 11/4 Oman ...... 915.89 ...... 5,065.86 ...... 5,981.75 Committee total ...... 2,781.89 ...... 5,065.86 ...... 7,847.75 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. HON. JEB HENSARLING, Chairman, Jan. 31, 2017.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOMELAND SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2016

STAFFDEL Shields B. Shields ...... 10/15 10 /18 England ...... 828.84 ...... *3,153.96 ...... 3,982.77 10/18 10/20 Germany ...... 572.00 ...... 572.00 10/20 10/22 Sweden ...... 681.00 ...... 681.00 M. Taylor ...... 10/15 10/18 England ...... 828.84 ...... *3,142.86 ...... 3,971.70 10/18 10/20 Germany ...... 572.00 ...... 572.00 10/20 10/22 Sweden ...... 681.00 ...... 681.00 R. Propis ...... 10/15 10/18 England ...... 828.84 ...... *3,142.86 ...... 3,971.70 10/18 10/20 Germany ...... 572.00 ...... 572.00

VerDate Sep 11 2014 01:27 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 8634 E:\CR\FM\A09FE7.004 H09FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 9, 2017 CONGRESSIONAL RECORD — HOUSE H1097 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOMELAND SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2016—Continued

10/20 10/22 Sweden ...... 681.00 ...... 681.00 M. Tisdale ...... 10/15 10/18 England ...... 828.83 ...... *3,153.96 ...... 3,982.79 10/18 10/20 Germany ...... 572.00 ...... 572.00 10/20 10/22 Sweden ...... 681.00 ...... 681.00 Additional expenses Transportation ...... 10/15 10/18 England ...... 1,314.55 ...... 1,314.55 Transportation ...... 10/18 10/20 Germany ...... 1,804.85 ...... 1,804.85 Transportation ...... 10/20 10/22 Sweden ...... 1,416.00 ...... 1,416.00 Committee total ...... 25,456.36 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. * Airfare all inclusive. HON. MICHAEL T. McCAUL, Chairman, Jan. 25, 2017.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SMALL BUSINESS, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2016

HOUSE COMMITEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 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. HON. STEVE CHABOT, Chairman, Jan. 31, 2017.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON VETERANS’ AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2016.

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 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. HON. DAVID P. ROE, Chairman, Feb. 6, 2017.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2016

Patrick Meehan ...... 12/18 12/20 South Korea ...... 692.18 ...... (3) ...... 692.18 12/20 12/23 Japan ...... 476.00 ...... (3) ...... 476.00 Angela Ellard ...... 11 /16 11/18 Peru ...... * 2,586.00 ...... 6,874.50 ...... 1,794.06 ...... 11,254.56 Jason Kearns ...... 11/16 11/18 Peru ...... * 2,586.00 ...... 1,382.50 ...... 3,968.50 Stephen Claeys ...... 11/16 11/18 Peru ...... * 2,411.00 ...... 6,874.50 ...... 9,285.50 Katherine Tai ...... 11 /16 11 /18 Peru ...... * 2,586.00 ...... 6,499.50 ...... 9,085.50 Angela Ellard ...... 11 /1 11 /4 Switzerland ...... 851.50 ...... 2,174.36 ...... 3,025.86 Joshua Snead ...... 11/1 11/4 Switzerland ...... 803.90 ...... 2,089.36 ...... 2,893.26 Keigan Mull ...... 11/1 11/4 Switzerland ...... 832.45 ...... 2,089.36 ...... 2,921.81 Committee total ...... 13,825.03 ...... 27,984.08 ...... 1,794.06 ...... 43,603.17 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. * Required payment for four nights minimum stay. HON. KEVIN BRADY, Chairman, Jan. 30, 2017.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2016

Andrew House ...... 10/7 10/10 Asia ...... 1,169.56 ...... 14.12 ...... 1,183.68 Commercial airfare ...... 14,059.16 ...... 14,059.16 Robert Minehart ...... 10/7 10/10 Asia ...... 1,169.56 ...... 14.12 ...... 1,183.68 Commercial airfare ...... 14,059.16 ...... 14,059.16 Timothy Bergreen ...... 10/7 10/10 Asia ...... 1,169.56 ...... 14.12 ...... 1,183.68 Commercial airfare ...... 14,059.16 ...... 14,059.16 George Pappas ...... 10/9 10/11 Europe ...... 271.00 ...... 271.00 10/11 10/13 Europe ...... 980.31 ...... 477.25 ...... 1,457.56 Commercial airfare ...... 10,177.50 ...... 10,177.50 Hon. Michael Turner ...... 10 /12 10 /14 Asia ...... 225.00 ...... 4,043.94 ...... 4,268.94 Commercial airfare ...... 12,464.76 ...... 12,464.76 Angel Smith ...... 10/12 10/14 Asia ...... 225.00 ...... 4,043.93 ...... 4,268.93 Commercial airfare ...... 10,739.16 ...... 10,739.16 Hon. Jeff Miller ...... 10 /11 10/11 Europe ...... 374.06 ...... 374.06 10/11 10/14 Europe ...... 630.07 ...... 56.80 ...... 686.87 10/15 10/15 Asia ...... 114.84 ...... 114.84

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10/15 10/18 Asia ...... 708.00 ...... 708.00 10/18 10/20 Asia ...... 424.00 ...... 25.00 ...... 449.00 10/20 10/22 Asia ...... 591.11 ...... 42.35 ...... 633.46 Commercial airfare ...... 12,509.46 ...... 12,509.46 George Pappas ...... 10/12 10/14 Europe ...... 315.02 ...... 56.79 ...... 371.81 10/15 10/15 Asia ...... 114.83 ...... 114.83 10/15 10/18 Asia ...... 708.00 ...... 708.00 10/18 10/20 Asia ...... 424.00 ...... 25.00 ...... 449.00 10/20 10/22 Asia ...... 591.11 ...... 42.35 ...... 633.46 Commercial airfare ...... 8,633.96 ...... 8,633.96 Michael Bahar ...... 10 /23 10/25 Europe ...... 879.00 ...... 4.50 ...... 883.50 10/25 10/26 Europe ...... 372.33 ...... 230.98 ...... 603.31 10/26 10/29 Europe ...... 696.06 ...... 696.06 Commercial airfare ...... 12,844.66 ...... 12,844.66 Thomas Eager ...... 10 /23 10/25 Europe ...... 879.00 ...... 4.50 ...... 883.50 10/25 10/26 Europe ...... 372.32 ...... 230.98 ...... 603.30 10/26 10/29 Europe ...... 696.06 ...... 696.06 Commercial airfare ...... 10,872.66 ...... 10,872.66 William Flanigan ...... 10/29 10 /31 Asia ...... 1,076.00 ...... 1,076.00 10/31 11/02 Asia ...... 710.82 ...... 710.82 11/03 11/05 Asia ...... 1,142.00 ...... 861.22 ...... 2,003.22 Commercial airfare ...... 14,955.69 ...... 14,955.69 Douglas Presley ...... 10/29 10 /31 Asia ...... 1,076.00 ...... 1,076.00 10/31 11/02 Asia ...... 710.82 ...... 710.82 11/03 11/05 Asia ...... 1,142.00 ...... 861.22 ...... 2,003.22 Commercial airfare ...... 14,955.69 ...... 14,955.69 Lisa Major ...... 10/29 10/31 Aia ...... 1,076.00 ...... 1,076.00 10/31 11/2 Asia ...... 710.82 ...... 710.82 11/3 11/5 Asia ...... 1,142.00 ...... 861.22 ...... 2,003.22 Commercial airfare ...... 15,115.49 ...... 15,115.49 Hon. Thomas Rooney ...... 11/3 11/5 Asia ...... 1,713.00 ...... 861.22 ...... 2,574.22 Commercial airfare ...... 9,910.39 ...... 9,910.39 Hon. Eric Swalwell ...... 12/13 12/14 Asia ...... 498.00 ...... 150.00 ...... 648.00 12/14 12/17 Asia ...... 1,038.27 ...... 221.76 ...... 1,260.03 Commercial airfare ...... 13,866.91 ...... 13,866.91 Wells Bennett ...... 12/13 12/14 Asia ...... 498.00 ...... 150.00 ...... 648.00 12/14 12/17 Asia ...... 1,038.27 ...... 221.76 ...... 1,260.03 Commercial airfare ...... 14,933.32 ...... 14,933.32 Hon. K. Michael Conaway ...... 12/12 12 /15 North America ...... 726.00 ...... 561.00 ...... 148.00 ...... 1,435.00 12/15 12/17 North America ...... 494.49 ...... 92.59 ...... 587.08 Commercial airfare ...... 1,195.74 ...... 1,195.74 George Pappas ...... 12/12 12/15 North America ...... 726.00 ...... 561.00 ...... 148.00 ...... 1,435.00 12/15 12/17 North America ...... 494.49 ...... 92.59 ...... 587.08 Commercial airfare ...... 1,195.74 ...... 1,195.74 Michael Bahar ...... 12 /14 12/20 Asia ...... 1,872.00 ...... 137.85 ...... 2,009.85 Commercial airfare ...... 13,391.95 ...... 13,391.95 Thomas Eager ...... 12 /14 12/20 Asia ...... 1,872.00 ...... 137.84 ...... 2,009.84 Commercial airfare ...... 13,391.95 ...... 13,391.95 Chelsey Campbell ...... 12/14 12/16 Asia ...... 558.00 ...... 558.00 Commercial airfare ...... 10,829.65 ...... 10,829.65 Hon. Michael Quigley ...... 12/18 12/22 Europe ...... 1,594.00 ...... 127.57 ...... 1,721.57 Commercial airfare ...... 9,957.86 ...... 9,957.86 Linda Cohen ...... 12/18 12/22 Europe ...... 1,594.00 ...... 127.57 ...... 1,721.57 Commercial airfare ...... 949.76 ...... 949.76 Douglas Presley ...... 12/18 12 /22 Europe ...... 1,594.00 ...... 127.56 ...... 1,721.56 Commercial airfare ...... 949.76 ...... 949.76 Nicholas A. Ciarlante ...... 12/18 12/22 Europe ...... 1,594.00 ...... 0.00 ...... 127.56 ...... 1,721.56 Commercial airfare ...... 948.76 ...... 948.76 Chelsey Campbell ...... 12/10 12/12 Africa ...... 571.00 ...... 571.00 Commercial airfare ...... 11,862.08 ...... 11,862.08 Angel Smith ...... 12/10 12/12 Africa ...... 797.00 ...... 797.00 Commercial airfare ...... 11,862.08 ...... 11,862.08 Amanda Rogers-Thorpe ...... 12/10 12/12 Africa ...... 797.00 ...... 797.00 Commercial airfare ...... 11,862.08 ...... 11,862.08 Committee total ...... 42,352.05 ...... 294,153.79 ...... 14,908.74 ...... 351,414.54 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. HON. DEVIN NUNES, Chairman, Jan. 30, 2017.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, SELECT COMMITTEE ON THE EVENTS SURROUNDING THE 2012 TERRORIST ATTACK IN BENGHAZI, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2016

EXECUTIVE COMMUNICATIONS, transmitting the Department’s report on as- American Act Report for fiscal year 2016, ETC. sistance provided by the Department of De- pursuant to 41 U.S.C. 10a(b); Public Law 110- fense for certain sporting events, pursuant to 28; to the Committee on Education and the Under clause 2 of rule XIV, executive 10 U.S.C. 2564(e); Public Law 104-201, Sec. Workforce. communications were taken from the 367(a); (110 Stat. 2496); to the Committee on 542. A letter from the Assistant Legal Ad- Speaker’s table and referred as follows: Armed Services. viser, Office of Treaty Affairs, Department of 540. A letter from the Acting Assistant 541. A letter from the Chairman, Occupa- State, transmitting a report concerning Secretary of Defense Homeland Defense and tional Safety and Health Review Commis- international agreements other than treaties Global Security, Department of Defense, sion, transmitting the Commission’s Buy entered into by the United States to be

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transmitted to the Congress within the Use, acting through the Director of the Cen- Mr. CAPUANO, Mr. GRIJALVA, Mr. sixty-day period specified in the Case-Za- ter for Substance Abuse Treatment, to award POCAN, Mr. MCGOVERN, Ms. NORTON, blocki Act, pursuant to 1 U.S.C. 112b(a); Pub- grants to States to expand access to clini- Mr. VEASEY, Mr. SERRANO, Ms. lic Law 92-403, Sec. 1(a) (as amended by Pub- cally appropriate services for opioid abuse, CLARKE of New York, Mrs. LAWRENCE, lic Law 108-458, Sec. 7121(b)); (118 Stat. 3807); dependence, or addiction; to the Committee Mr. LEWIS of Georgia, Mr. CUMMINGS, to the Committee on Foreign Affairs. on Energy and Commerce. Mr. DANNY K. DAVIS of Illinois, Ms. By Mr. FOSTER (for himself, Mr. EDDIE BERNICE JOHNSON of Texas, Mr. f SWALWELL of California, and Mr. GARAMENDI, Mr. RYAN of Ohio, Mr. PUBLIC BILLS AND RESOLUTIONS SEAN PATRICK MALONEY of New MEEKS, Ms. JUDY CHU of California, York): Mr. AL GREEN of Texas, Mrs. BEATTY, Under clause 2 of rule XII, public H.R. 993. A bill to reduce opioid misuse and Mr. NOLAN, and Mr. RASKIN): bills and resolutions of the following abuse; to the Committee on Energy and H.R. 1000. A bill to establish the National titles were introduced and severally re- Commerce. Full Employment Trust Fund to create em- ferred, as follows: By Mr. FOSTER (for himself, Ms. HER- ployment opportunities for the unemployed; By Mr. GOODLATTE: RERA BEUTLER, Mr. KILMER, and Mr. to the Committee on Education and the H.R. 985. A bill to amend the procedures ROKITA): Workforce, and in addition to the Committee H.R. 994. A bill to direct the Comptroller used in Federal court class actions and on Ways and Means, for a period to be subse- General of the United States to evaluate and multidistrict litigation proceedings to as- quently determined by the Speaker, in each report on the in-patient and outpatient sure fairer, more efficient outcomes for case for consideration of such provisions as treatment capacity, availability, and needs claimants and defendants, and for other pur- fall within the jurisdiction of the committee of the United States; to the Committee on poses; to the Committee on the Judiciary. concerned. Energy and Commerce, and in addition to By Mr. ROKITA (for himself, Mr. COLE, By Mr. YOUNG of Alaska (for himself, the Committee on Natural Resources, for a Mrs. NOEM, Ms. MOORE, Ms. MICHELLE Mr. PEARCE, Mr. GOSAR, Mr. CRAMER, period to be subsequently determined by the LUJAN GRISHAM of New Mexico, Mr. Mrs. RADEWAGEN, Mr. NEWHOUSE, and Speaker, in each case for consideration of PETERSON, Mr. MULLIN, Ms. CHENEY, Mr. BIGGS): such provisions as fall within the jurisdic- Mr. LAMALFA, and Mr. GOSAR): H.J. Res. 70. A joint resolution dis- tion of the committee concerned. H.R. 986. A bill to clarify the rights of Indi- approving the rule submitted by the Depart- By Mr. JEFFRIES (for himself and Mr. ans and Indian tribes on Indian lands under ment of the Interior regarding requirements CHABOT): for exploratory drilling on the Arctic Outer the National Labor Relations Act; to the H.R. 995. A bill to direct the Secretary of Committee on Education and the Workforce. Continental Shelf; to the Committee on Nat- Agriculture and the Secretary of the Interior ural Resources. By Mr. ROKITA (for himself, Mr. BARR, to amend regulations for racial appropriate- Mr. OLSON, Mrs. BLACK, Mr. By Mr. NADLER: ness; to the Committee on Natural Re- H. Res. 111. A resolution of inquiry direct- GROTHMAN, and Mr. ROE of Ten- sources, and in addition to the Committee on nessee): ing the Attorney General to transmit certain Agriculture, for a period to be subsequently documents to the House of Representatives H.R. 987. A bill to amend the National determined by the Speaker, in each case for Labor Relations Act to permit employers to relating to the financial practices of the consideration of such provisions as fall with- President; to the Committee on the Judici- pay higher wages to their employees; to the in the jurisdiction of the committee con- Committee on Education and the Workforce. ary. cerned. By Mr. MCCAUL (for himself and Mr. By Mr. ELLISON: By Mr. KIHUEN: H.R. 988. A bill to provide for a study by THOMPSON of Mississippi): H.R. 996. A bill to direct the Secretary of H. Res. 112. A resolution providing the Transportation Research Board of the Labor to establish a competitive grant pro- National Academies on the impact of divert- amounts for the expenses of the Committee gram for community colleges to train vet- on Homeland Security in the One Hundred ing certain freight rail traffic to avoid urban erans for local jobs; to the Committee on areas, and for other purposes; to the Com- Fifteenth Congress; to the Committee on Veterans’ Affairs. House Administration. mittee on Transportation and Infrastruc- By Mr. KING of Iowa (for himself, Mr. ture. By Mr. ROHRABACHER: COLLINS of Georgia, Mr. GOHMERT, H. Res. 113. A resolution expressing the By Mr. COLE (for himself, Mr. BISHOP Mr. BARLETTA, Mr. DUNCAN of South sense of the House of Representatives that of Utah, Mrs. BUSTOS, Mr. KILMER, Carolina, and Mr. FRANKS of Ari- the United States should continue to author- and Mr. JONES): zona): H.R. 989. A bill to exempt certain Depart- ize cash flow financing to Egypt and expand H.R. 997. A bill to declare English as the of- other areas of cooperation; to the Committee ment of Defense civilian positions from any ficial language of the United States, to es- furlough as a result of a lapse in discre- on Foreign Affairs, and in addition to the tablish a uniform English language rule for Committee on Ways and Means, for a period tionary appropriations, and for other pur- naturalization, and to avoid misconstruc- poses; to the Committee on Armed Services. to be subsequently determined by the Speak- tions of the English language texts of the er, in each case for consideration of such pro- By Mr. COLE (for himself, Mr. BISHOP laws of the United States, pursuant to Con- visions as fall within the jurisdiction of the of Utah, Mrs. BUSTOS, Mr. LOEBSACK, gress’ powers to provide for the general wel- committee concerned. Mr. KILMER, and Mr. JONES): fare of the United States and to establish a H.R. 990. A bill to prohibit any hiring uniform rule of naturalization under article f freeze from affecting Department of Defense I, section 8, of the Constitution; to the Com- CONSTITUTIONAL AUTHORITY civilian positions in facilities that perform mittee on Education and the Workforce, and STATEMENT depot maintenance or are designated as a in addition to the Committee on the Judici- center for industrial and technical excel- ary, for a period to be subsequently deter- Pursuant to clause 7 of rule XII of lence, and for other purposes; to the Com- mined by the Speaker, in each case for con- the Rules of the House of Representa- mittee on Oversight and Government Re- sideration of such provisions as fall within tives, the following statements are sub- form. the jurisdiction of the committee concerned. mitted regarding the specific powers By Mr. ENGEL (for himself, Mr. COHEN, By Mr. SMITH of Missouri (for himself granted to Congress in the Constitu- and Ms. CLARKE of New York): and Mr. GOODLATTE): H.R. 991. A bill to require the establish- H.R. 998. A bill to provide for the establish- tion to enact the accompanying bill or ment of a Consumer Price Index for Elderly ment of a process for the review of rules and joint resolution. Consumers to compute cost-of-living in- sets of rules, and for other purposes; to the By Mr. GOODLATTE: creases for Social Security benefits under Committee on Oversight and Government H.R. 985. title II of the Social Security Act and to pro- Reform, and in addition to the Committee on Congress has the power to enact this legis- vide, in the case of elderly beneficiaries the Judiciary, for a period to be subse- lation pursuant to the following: under such title, for an annual cost-of-living quently determined by the Speaker, in each Article I, Section 8, Clause 9; Article III, increase which is not less than 3 percent; to case for consideration of such provisions as Section 1, Clause 1; and Article III, Section 2, the Committee on Ways and Means, and in fall within the jurisdiction of the committee Clause 2 of the Constitution, which grant addition to the Committee on Education and concerned. Congress authority over federal courts. the Workforce, for a period to be subse- By Mr. WALBERG (for himself and Mr. By Mr. ROKITA: quently determined by the Speaker, in each KILDEE): H.R. 986. case for consideration of such provisions as H.R. 999. A bill to amend the Internal Rev- Congress has the power to enact this legis- fall within the jurisdiction of the committee enue Code of 1986 to expand access to Cover- lation pursuant to the following: concerned. dell education savings accounts; to the Com- Article I, Section 8, Clause 3 to regulate By Mr. FOSTER (for himself, Mr. SEAN mittee on Ways and Means. Commerce with foreign Nations, and among PATRICK MALONEY of New York, and By Mr. CONYERS (for himself, Mr. the several States, and with the Indian Mr. NORCROSS): NADLER, Ms. KAPTUR, Ms. WILSON of Tribes. H.R. 992. A bill to authorize the Assistant Florida, Ms. SLAUGHTER, Mr. ELLI- By Mr. ROKITA: Secretary for Mental Health and Substance SON, Ms. SCHAKOWSKY, Ms. MOORE, H.R. 987.

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Congress has the power to enact this legis- cerns the exercise of legislative powers gen- H.R. 449: Mr. SENSENBRENNER. lation pursuant to the following: erally granted to Congress by that section, H.R. 474: Mr. HENSARLING. Article I, Section 8, Clause 3 to regulate including the exercise of those powers when H.R. 483: Mr. RUSSELL and Mr. JODY B. Commerce with foreign Nations, and among delegated by Congress to the Executive; Ar- HICE of Georgia. the several States, and with the Indian ticle I, Sections 8 and 9 of the United States H.R. 485: Mr. GRIJALVA. Tribes. Constitution, in that the legislation con- H.R. 489: Mr. RASKIN and Mr. HIMES. By Mr. ELLISON: cerns the exercise of specific legislative pow- H.R. 512: Mr. LARSEN of Washington, Mr. H.R. 988. ers granted to Congress by those sections, in- PANETTA, and Mr. BLUM. Congress has the power to enact this legis- cluding the exercise of those powers when H.R. 525: Mr. WEBER of Texas. lation pursuant to the following: delegated by Congress to the Executive; Ar- H.R. 530: Mr. VARGAS and Miss RICE of New Congress has the power to enact this legis- ticle I, Section 8, clause 18 of the United York. lation pursuant to Article I, Section 8 of the States Constitution, in that the legislation H.R. 550: Mr. FITZPATRICK. Constitution of the United States, which exercises legislative power granted to Con- H.R. 586: Mr. DESJARLAIS. states: gress by that clause ‘‘to make all Laws H.R. 661: Mr. JONES and Mr. HARPER. The Congress shall have the power to make which shall be necessary and proper for car- H.R. 696: Ms. CLARK of Massachusetts, Mr. all laws which shall be necessary and proper rying into Execution the foregoing Powers, SCOTT of Virginia, and Mr. KHANNA. for carrying into execution the foregoing and all other Powers vested by this Constitu- H.R. 703: Mr. ROKITA, Ms. SHEA-PORTER, powers, and all other powers vested by this tion in the Government of the United States, and Ms. GABBARD. Constitution in the Government of the or in any Department or Officer thereof;’’ H.R. 706: Mr. HARPER. United States, or in any Department or Offi- and, Article III, Sections 1 and 2 of the H.R. 749: Mr. CUELLAR, Mr. WALZ, Mr. cer thereof.’’ United States Constitution, in that the legis- SOTO, and Mr. BISHOP of Georgia. By Mr. COLE: lation defines or affects judicial powers and H.R. 755: Mr. EMMER. H.R. 989. cases that are subject to legislation by Con- H.R. 757: Ms. MOORE, Mr. Raskin, Mr. RUP- Congress has the power to enact this legis- gress. PERSBERGER, and Ms. SHEA-PORTER. lation pursuant to the following: By Mr. WALBERG: H.R. 770: Mr. RASKIN. Article 1, Section 8 of the United States H.R. 999. H.R. 804: Mrs. LAWRENCE, Mr. GONZALEZ of Constitution. Congress has the power to enact this legis- Texas, Mr. GUTIE´ RREZ, Mr. GENE GREEN of By Mr. COLE: lation pursuant to the following: Texas, Mr. LIPINSKI, Mr. ELLISON, Ms. KAP- H.R. 990. Article 1, Section 8. TUR, Ms. FRANKEL of Florida, Mr. HUFFMAN, Congress has the power to enact this legis- Clause 1: The Congress shall have the Mr. KILDEE, Mr. CASTRO of Texas, Ms. LOF- lation pursuant to the following: Power to lay and collect Taxes, Duties, Im- GREN, Mr. BRADY of Pennsylvania, Ms. Article 1, Section 8 of the United States posts and Excises, to pay the Debts and pro- ESHOO, Ms. DEGETTE, and Mr. CRIST. Constitution. vide for the common Defence and general H.R. 831: Mr. RODNEY DAVIS of Illinois. By Mr. ENGEL: Welfare of the United States; but all Duties, H.R. 849: Mr. WENSTRUP. H.R. 991. Imposts, and Excises shall be uniform H.R. 852: Mr. POLIS. Congress has the power to enact this legis- throughout the United States; H.R. 866: Mr. GONZALEZ of Texas. lation pursuant to the following: Clause 18: To make all Laws which shall be Article 1, Section 1 of the Constitution. necessary and proper for carrying into Exe- H.R. 926: Mr. KHANNA, Mr. BROWN of Mary- By Mr. FOSTER: cution the foregoing Powers, and all other land, and Mr. SWALWELL of California. H.R. 992. Powers vested by this Constitution in the H.R. 947: Mr. KIND, Ms. KUSTER of New Congress has the power to enact this legis- Government of the United States, or in any Hampshire, Mr. DESAULNIER, Ms. TSONGAS, lation pursuant to the following: Department or Officer thereof. and Mr. SCHIFF. This bill is enacted pursuant to the power By Mr. CONYERS: H.R. 972: Mr. SOTO. granted to Congress under Article I, Section H.R. 1000. H.R. 974: Mr. COOK and Mr. TAKANO. 8, Clauses 1 and 18 of the United States Con- Congress has the power to enact this legis- H.J. Res. 42: Mr. AUSTIN SCOTT of Georgia, stitution. lation pursuant to the following: Mr. WOODALL, Mr. MULLIN, Mr. HENSARLING, By Mr. FOSTER: Article I, section 8. and Mr. GAETZ. H.R. 993. By Mr. YOUNG of Alaska: H.J. Res. 43: Mr. BRIDENSTINE, Mr. FRANCIS Congress has the power to enact this legis- H.J. Res. 70. ROONEY of Florida, Mr. DUNN, Mr. JORDAN, lation pursuant to the following: Congress has the power to enact this legis- Mr. KNIGHT, Mr. WEBSTER of Florida, Mr. This bill is enacted pursuant to the power lation pursuant to the following: LUCAS, Mr. JOYCE of Ohio, and Mr. MESSER. granted to Congress under Article I, Section Article I, Section 1 and Article I, Section H.J. Res. 51: Mr. WENSTRUP. 8, Clauses 1 and 18 of the United States Con- 18, Clause 18. H.J. Res. 59: Mr. KINZINGER, Mr. GRIFFITH, stitution. ‘‘All legislative powers herein granted and Mr. HUIZENGA. By Mr. FOSTER: shall be vested in a Congress of the United H. Con. Res. 21: Mr. SWALWELL of Cali- H.R. 994. States, which shall consist of a Senate and fornia. Congress has the power to enact this legis- House of Representatives’’ H. Res. 104: Mrs. DAVIS of California, Mr. lation pursuant to the following: BERA, Mr. O’ROURKE, and Mr. SCHNEIDER. This bill is enacted pursuant to the power & granted to Congress under Article I, Section ‘‘To make all Laws which shall be nec- 8, Clauses 1 and 18 of the United States Con- essary and proper for carrying into Execu- f stitution. tion the foregoing Powers, and all other Powers vested by this Constitution in the By Mr. JEFFRIES: CONGRESSIONAL EARMARKS, LIM- H.R. 995. Government of the United States, or in any Department or Officer thereof’’ ITED TAX BENEFITS, OR LIM- Congress has the power to enact this legis- ITED TARIFF BENEFITS lation pursuant to the following: f Article I, Section 8 of the U.S. Constitu- Under clause 9 of rule XXI, lists or tion. ADDITIONAL SPONSORS statements on congressional earmarks, By Mr. KIHUEN: Under clause 7 of rule XII, sponsors limited tax benefits, or limited tariff H.R. 996. were added to public bills and resolu- benefits were submitted as follows: Congress has the power to enact this legislation pursuant to the following: tions, as follows: OFFERED BY MR. WALDEN This bill is enacted pursuant to the powers H.R. 38: Mr. JORDAN and Mr. BABIN. The provisions that warranted a re- granted to the Congress by Article I, Section H.R. 113: Mr. GALLEGO, Mr. AGUILAR, Mr. ferral to the Committee on Energy and 8, Clauses 3 of the United States Constitu- BISHOP of Michigan, and Mrs. LOWEY. Commerce in H.J. Res. 43 do not con- tion. H.R. 114: Mr. MCCAUL and Mr. NUNES. tain any congressional earmarks, lim- H.R. 115: Mr. BARLETTA, Mr. RUSSELL, and By Mr. KING of Iowa: ited tax benefits, or limited tariff bene- H.R. 997. Mr. ROHRABACHER. Congress has the power to enact this legis- H.R. 130: Mrs. TORRES. fits as defined in clause 9 of rule XXI. lation pursuant to the following: H.R. 202: Mrs. CAROLYN B. MALONEY of New OFFERED BY MR. BISHOP OF UTAH Article I, Section 8, Clause 4 of the Con- York. The provisions in H.J Res. 69 that stitution. H.R. 367: Ms. FOXX and Mr. FARENTHOLD. warranted a referral to the Committee By Mr. SMITH of Missouri: H.R. 379: Ms. MCCOLLUM and Mr. GRIJALVA. on Natural Resources do not contain H.R. 998. H.R. 428: Mr. RUSSELL. Congress has the power to enact this legis- H.R. 432: Mr. ESPAILLAT. any congressional earmarks, limited lation pursuant to the following: H.R. 439: Ms. SHEA-PORTER. tax benefits, or limited tariff benefits Article I, Section 1 of the United States H.R. 442: Ms. VELA´ ZQUEZ, Mr. MOULTON, as defined in clause 9 of rule XXI of the Constitution, in that the legislation con- and Mr. WEBER of Texas. Rules of the House of Representatives.

VerDate Sep 11 2014 06:53 May 17, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD17\FEBRUARY\H09FE7.REC H09FE7 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, THURSDAY, FEBRUARY 9, 2017 No. 23 Senate The Senate met at 10 a.m. and was The President pro tempore is somehow you build friendships with both called to order by the President pro thing of a legend in the Beehive State. Robert Bork and Ted Kennedy. That is tempore (Mr. HATCH). He is a published author. He has gold how you establish yourself as one of f and platinum albums hanging on the the most productive legislators in mod- wall, and he is a great fighter for his ern history, as Senator HATCH has. PRAYER home State. He isn’t slowing down any time soon. The Chaplain, Dr. Barry C. Black, of- It is not hard to see why Utahns keep He is actually getting more done than fered the following prayer: sending him back. It is not hard to see ever. He just passed dozens of bills out Let us pray. why they chose to make him the long- of the Senate last Congress, and many Give ear to our words, O Lord. Listen est serving Senator in Utah history. of them became law. Now our friend, to the sounds of our intercession. We Senator HATCH has come a long way the Finance Committee chairman, is in look to You with the vibrant expecta- from the grinding poverty of his child- a unique position to continue having tion that You can transform dark yes- hood, and just recently, he passed yet an impact on a range of issues, and I terdays into bright tomorrows. We are another significant milestone. He be- am sure he will. grateful that we can fulfill Your pur- came the longest serving Republican I hope he still finds some time to poses because of the strength we re- Senator in American history. Now, keep up with his songwriting career. ceive each day from You. that is impressive. You should listen to his stuff. It is Lord, show our lawmakers Your com- Yet, given what we all know about good. He has penned everything from a passion. Give them a peace that tran- our colleague, it isn’t all that sur- love song on the ‘‘Ocean’s Twelve’’ scends human understanding. May they prising. Senator HATCH is almost al- soundtrack to his world-famous Ha- face life’s challenges with the faith ways in the mix on the most con- nukkah song. Senator HATCH would that nothing is impossible for You. In- sequential issues of the day. He has want me to remind you that it ranked crease their faith, filling them with a been a leading voice on everything somewhere between the Black Eyed more complete trust in You and with a from labor law to judicial nominations, Peas and Lady Gaga on the hit charts. willingness to follow Your guidance. religious freedom to tax reform. This ‘‘Everyone,’’ he says, ‘‘loves my We pray in Your Holy Name. Amen expansive policy expertise helps ex- music’’—everyone. You have to admire that confidence. f plain why his colleagues chose him to We look forward to seeing the great PLEDGE OF ALLEGIANCE serve as chairman of three major com- things he will be able to achieve for mittees: HELP, Judiciary, and today The President pro tempore led the Utahns, for the country, and for the the powerful Finance Committee. Pledge of Allegiance, as follows: music industry in the years to come. Senator HATCH remains as much of a I pledge allegiance to the Flag of the It has been my distinct privilege to key player as ever in advancing the recognize our colleague in the Chair United States of America, and to the Repub- Senate’s agenda. His guidance will be lic for which it stands, one nation under God, today. I would ask colleagues to join indivisible, with liberty and justice for all. crucial as we continue to move forward with Senator HATCH’s family—his wife with repealing and replacing f of nearly 60 years, Elaine, their 6 chil- ObamaCare, as we turn to tax reform, dren, 23 grandchildren, and 19 great RECOGNITION OF THE MAJORITY and as we consider the President’s Su- grandchildren—in marking this impor- LEADER preme Court nominee. tant milestone. The tasks before us are as diverse as The PRESIDENT pro tempore. The f majority leader is recognized. they are challenging, but I know our ATTORNEY GENERAL JEFF f colleague from Utah is up to the charge. SESSIONS CONGRATULATING SENATOR The man known as ‘‘Honest Orrin’’ is Mr. MCCONNELL. Mr. President, it HATCH: THE LONGEST SERVING one of the kindest and most gracious was great to see our now-former col- REPUBLICAN SENATOR IN AMER- guys you will ever meet. He is a man of league, Senator Sessions, confirmed as ICAN HISTORY deep faith and principled conviction. the Nation’s 84th Attorney General Mr. MCCONNELL. Mr. President, I But Senator HATCH is anything but a yesterday. We all had to watch as he would like to begin this morning by di- pushover. He is a fighter for Utah and was subjected to a terrible campaign of recting some remarks to the Chair. I for the Nation. He is a proud conserv- unfair and deeply personal attacks. He would like to recognize an important ative. He has simply learned the art of endured it all with grace, though, and milestone of his, but let me start off disagreeing—sometimes strongly— with the same considerable dignity, re- this way. without being disagreeable. That is spect, and courtesy we have long

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

S975

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A09FE6.000 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S976 CONGRESSIONAL RECORD — SENATE February 9, 2017 known Senator Sessions for. We are The Association of American Medical EXECUTIVE SESSION going to miss him in the Senate, but Colleges supports him and says: ‘‘[H]e we couldn’t be more proud of him as he will bring a thoughtful, measured ap- begins this new position. proach to tackling the wide range of EXECUTIVE CALENDAR f issues affecting the nation’s health.’’ The PRESIDING OFFICER. Under And the Healthcare Leadership Coun- the previous order, the Senate will pro- SENATOR-DESIGNATE LUTHER cil couldn’t be more enthusiastic. ‘‘It is ceed to executive session to resume STRANGE difficult,’’ they said, ‘‘to imagine any- consideration of the nomination of Mr. MCCONNELL. Mr. President, of one more capable of serving his nation THOMAS PRICE, of Georgia, to be Sec- course the departure of one Senator as the Secretary of Health and Human retary of Health and Human Services, typically heralds the arrival of a new Services than Congressman Tom which the clerk will report. one. Today is no different. I hope col- Price.’’ The senior assistant legislative clerk leagues will join me in welcoming Ala- That is high praise. It also happens read the nomination of Thomas Price, bama’s newest Senator later today, LU- to be accurate. of Georgia, to be Secretary of Health THER STRANGE, who will be sworn in The American people need Dr. TOM and Human Services. this afternoon. PRICE applying his practical knowledge The PRESIDING OFFICER. The Sen- You won’t have much trouble finding as a doctor and as a legislator at the ator from Utah. him. He will be the tallest guy around Department of Health and Human Mr. SCHUMER. Will the Senator here. Now, you would expect nothing Services, an agency in great need of yield? different from a former college basket- new leadership. Mr. HATCH. I will be happy to yield. ball player. Senator THUNE and Sen- This job is a big one. There is no Mr. SCHUMER. I thank my col- ator COTTON last night were somewhat doubting that. It requires overseeing league. distressed by the notion that they some of the Nation’s most important RECOGNITION OF THE MINORITY LEADER would be replaced by an even taller programs, like Medicare and Medicaid, The PRESIDING OFFICER. The Senator, and that will happen later and helping to protect public health at Democratic leader is recognized. today. the CDC and helping to find cures at CONGRATULATING SENATOR HATCH: THE LONG- LUTHER STRANGE, like the man who EST SERVING REPUBLICAN SENATOR IN preceded him, is a devoted Eagle Scout. NIH and helping to ensure at the FDA that those cures can make it to the pa- AMERICAN HISTORY He shares his interest in the law too. Mr. SCHUMER. Mr. President, before He even argued successfully before the tients. It is a big job, but TOM PRICE is the our great friend from Utah gets up, I Supreme Court. It is notable experi- have other remarks; I will let the Sen- ence to bring to any job, especially this right man for it. We shouldn’t wait a ator from Utah speak before those. But one, and especially at a time when we moment longer to confirm him. As I want to join my distinguished friend are actively involved in the process of soon as we do, we will turn to the nom- the majority leader in recognizing the considering a new—and superbly quali- ination of Steve Mnuchin to lead the Senator from Utah, who has become fied—nominee to the Court. Department of the Treasury. We are looking forward to the con- the longest serving Republican Senator tributions that Alabama’s newest Sen- f in history. ator will make. He will have the We have been friends for a long time. chance to get started right away. We NOMINATION OF STEVEN T. He has given me guidance. He keeps have important work to do, and that MNUCHIN telling me he is going to straighten me starts with confirming more of the out one of these days—a work in Mr. MCCONNELL. Mr. President, I progress, I guess we would think—but qualified Cabinet nominees who are be- will have more to say about Mr. fore us. he is a terrific guy. He is a decent man. Mnuchin tomorrow, but let me say He is a caring man. He is an honorable f this. For the last 8 years, Americans man. NOMINATION OF TOM PRICE had to endure an economy that failed He has been a great partisan when he to live up to its potential. Part of the Mr. MCCONNELL. Mr. President, the has to be, but he has shown tremendous problem was the regulatory avalanche independence on many different occa- nominee currently before us is the of the last administration. It is time to President’s pick for Health and Human sions. In fact, probably my mentor finally move toward a modern regu- around here, Senator Kennedy, loved Services Secretary, Congressman TOM latory framework instead, one that ap- working with Senator HATCH, and they PRICE, a physician. Dr. PRICE knows propriately manages risks while pro- more about health care policy than accomplished great things for America. moting growth and job creation. The just about anyone. He doesn’t just un- Even just recently, on an issue like President has started providing relief derstand health care policy as a policy- Puerto Rico, there was not much gain already that will move us toward that maker—although he does deeply—he for him personally. I don’t think there goal. Steve Mnuchin can help do more. also understands it as a practicing phy- is a large Puerto Rican population in He also has an important role to play sician. He gets the real-world impact. Provo or Ogden. But he cared and he He has a clear-eyed view about Wash- in the effort to make our tax system knew there was a problem. We spent ington’s capacity to do great harm, simpler and more conducive to the late nights trying to figure out what to even with the best of intentions, just kind of economic growth and job cre- do, and while the solution may not as he is excited about his potential to ation we should all want. It won’t be have been as good as some of us would do great good. easy to get that done. We need some- have wanted, it was a solution, and it He can start having a positive impact one like Steve Mnuchin working with wouldn’t have happened without Sen- almost as soon as he is confirmed. He both parties to make it happen. ator HATCH. So we can say that on can start bringing stability to the The Treasury nominee is smart, ca- issue after issue after issue, he has health care markets ObamaCare has pable, and he has impressive private risen to the occasion and has been the harmed. He can start bringing relief to sector experience. We need him con- best of the Senate. the families ObamaCare has hurt. I firmed as soon as possible so he can It is a fitting honor that he is here. know he is ready to get to work with begin to tackle these challenges and Last time around, when he was not Congress to move toward truly patient- reverse the last 8 years of economic thinking of running, I think in the centered health care—care that heartache. hearts of most Democrats there was prioritizes the needs of patients over hope that he would run again, and that the needs of Washington. f was because we so esteem him. The American Medical Association I want to join the majority leader in supports him and says: ‘‘[H]is service RESERVATION OF LEADER TIME congratulating Senator HATCH and as a physician, state legislator and The PRESIDING OFFICER (Mr. wish him many, many more years of member of the U.S. Congress provides a ROUNDS). Under the previous order, the success both personally—I know he has depth of experience to lead HHS.’’ leadership time is reserved. a large and wonderful family, and we

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.002 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S977 have talked about our religious faith have since 9/12/2001. So I am aware of say this. It is dangerous because it di- quite often—as well as a successful ca- the danger of terrorists. But of those verts us from going after the big gap- reer. 3,024 Americans killed, zero of these ing loopholes of terrorism—lone wolves With that, I will yield the floor and deaths were the result of an attack by and the visa waiver program. resume after Senator HATCH has had a a person from one of the countries list- It also underscores the fact that we few words to say. ed in the ban. Do you know where I got need judges who are going to be inde- The PRESIDING OFFICER. The Sen- that information? Not from some lib- pendent of this President. If this Presi- ator from Utah. eral publication but from the liber- dent can attack the judiciary the way THANKING THE MAJORITY AND MINORITY tarian-leaning Cato Institute. I hope he does, if this President has so little LEADERS the President is not going to attack respect for the rule of law or for sepa- Mr. HATCH. Mr. President, I want to them now. ration of powers, our last and best ref- thank the distinguished majority lead- What are the threats of terrorism? uge is the courts. er and the minority leader. I didn’t ex- The great threats, if you ask the ex- So in my opinion, this new nominee pect this today; I was just happy to be perts, are two things above all: the to the Supreme Court has to pass a spe- in the Chair. But it was certainly nice lone wolves and the visa waiver pro- cial test: true independence from the of them to say such nice things. That gram. The lone wolves caused the ter- President. I worry that he doesn’t have means a lot to me, and I am sure it will ror recently in both San Bernardino it. His answers to my questions—I mean a lot to my wife Elaine and our and Orlando. They were American citi- won’t go into them today—were dis- family. zens importuned by the evil ISIS— appointing in terms of that independ- I have a great deal of respect for both American citizens who were probably ence. You can’t just assert ‘‘I am an leaders. Senator MCCONNELL is a very disturbed or off base in a lot of ways. independent person,’’ which he did. You close friend and a wonderful leader. I ISIS propaganda got to them, and they have to show examples. I await them. don’t think we have had a better leader acted. Nothing in the President’s pro- When I met him, he said: Well, I am than he in my time in the Senate. posed law would have stopped them, disheartened. He said it to me, he said LUMENTHAL, he said it to I will not go on and on, but Senator even if it were in effect. it to Senator B SCHUMER and I have been friends for a The visa waiver program is the gap- Senator SASSE. To whisper in a closed long time, and I believe he is one of the ing hole. The visa waiver program tells room, behind closed doors to a Senator great Senators here. I hope we will be 29 countries that they can send people ‘‘I am disheartened,’’ and not condemn able to work together on a lot of things here without going through extensive what the President has done to the ju- in the future. I hope we can get out of checks and background checks. They diciary and not do it publicly—what he this rut we are in right now so we can are mainly countries that are friendly, did does not show independence; it work together, so we can feel good such as the countries of the EU. But shows his ability to desire an appearance of having independence without about being here, and so we can help what has happened recently is that actually asserting it. There is even this country. those countries have become a place of more reason to do it now because the I thank both the majority leader and refuge for terrorists. People trained by President—I don’t know how; I don’t the minority leader for their kind re- ISIS, Belgian citizens, French citizens know who told him about those meet- marks. I didn’t expect those, and I was perpetrated the horrible attacks in ings, but the President tweeted that a little shocked that they would say those countries. One of those terrorists Judge Gorsuch didn’t say those things, these things this morning, but I am could, God forbid, get on a plane, come as mild as they were and, at least in very grateful to both of them. I want to America with few questions asked. my opinion, as insufficient as they are to thank both of them for being my The President’s proposal does nothing to showing independence. To whisper friends. to stop that. The President’s proposal, to a Senator but to refuse to say any- I yield back to the minority leader. if anything, encourages lone wolves be- thing publicly is not close to a good Mr. SCHUMER. Mr. President, I cause it makes them even more out- thank my friend for his kind words enough showing of independence. cast. Those are not my words; they are From my view, it is not a good start and, most importantly, his distin- Senator JOHN MCCAIN’s words, and he for Judge Gorsuch—not a good start. I guished service to his country. Now on is one of the greatest experts in this haven’t made up my mind completely. to other subjects. body and in this country on terrorism. I am willing to—there is going to be a THE PRESIDENT, THE TRAVEL BAN, AND AN If the President wants to do some- process. There are going to be papers INDEPENDENT JUDICIARY thing on terrorism, instead of these filed; there are going to be hearings. Mr. President, I rise on a few topics. back-of-the-envelope, quickly and Judge Gorsuch may go further, but First, our President has shown a deeply shabbily put together proposals, he right now it is an uphill fight to get troubling lack of regard for an inde- ought to study it, talk to the experts, my support. pendent judiciary. He criticizes indi- and certainly close these two loopholes While this President is attacking ev- vidual judges in the court system in or greatly decrease the danger of ter- eryone under the sun, most of it with general. He has gone so far as to pre- rorism from these two places. no basis in fact, just assertions—and by emptively blame future terrorist at- To blame judges for future attacks the way, I will talk about this more tacks on the judiciary for putting a because they didn’t pass this law when later, but if we become a nation where stay on his Executive order. I have not not a single American has died because facts don’t mean anything, the sun will heard a President—I can’t recall a of people coming from these countries set on this great country. President in history doing something and to leave open these other two gap- We have always been a fact-based like that, certainly not in my lifetime. ing loopholes—I want to work to close country. The Founding Fathers had Let’s look at the facts. them right now. I will work with the different views, but they never dis- Our President all too often seems President. I will work with Senator agreed on the facts as they debated fact averse. I have experienced that MCCAIN. I will work with our Repub- issues in Philadelphia, for the Declara- personally, but much more impor- lican colleagues; we all will on this tion, for the Constitution. In this tantly, in general. Not one terrorist at- side of the aisle. But the President put Chamber, where we have had great tack has been perpetrated on U.S. soil together something that didn’t seem to Senators—the Clays, the Websters, the by a refugee from one of these coun- have much thought, didn’t seem to Calhouns—they never disputed the real tries—not one. have much coordination. Despite the facts. Neither, in my opinion, has any Since 1975, 3,024 Americans have been fact that the admirable General Kelly President, Democrat, Republican, lib- killed on U.S. soil in terrorist attacks. took the lance and said ‘‘I’ll take the eral, conservative, until this one, and I know that painfully because some of blame’’—we all know that didn’t hap- he just seems to make it up as it goes. them are people I knew who died on 9/ pen. He was not consulted at length nor Today he attacked not only my col- 11 in that awful, vicious, horrible at- was his Department. league Senator BLUMENTHAL in what I tack that still stays with me every day The President seems to preemptively thought was a cheap way, but he at- I wear the flag, this flag on my lapel in say: Well, if there is terrorism, blame tacked JOHN MCCAIN, one of the most memory of those who were lost, and the judge. It is dangerous for him to respected voices on national security.

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.003 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S978 CONGRESSIONAL RECORD — SENATE February 9, 2017 JOHN MCCAIN voiced his views on person who speaks his mind, but I have a superabundance of bureaucracy, by what happened in Yemen. Most of the also seen him change his mind after arrogant Members of Congress, and by independent reports corroborate what saying he was for something and very liberal States that are dependent JOHN MCCAIN said. The President, of change it when he got more facts. upon the Federal Government rather course, said it was a great success. I He is a brand new President coming than upon themselves? I could go on don’t know if anyone believes—he is right out of the private sector. He is and on and on. saying so many things that are not picking excellent people for his Cabi- Let us give this President a little bit fact-based that I don’t know if anyone net. I don’t know that I have ever seen of a chance. Above all, let us give him believes him anymore. It would be any President pick better Cabinet his Cabinet and let us quit playing amusing, except it is not; it is sad, very members than he has, not the least of these games. I know some on the sad. whom will be the two who should go Democratic side must feel they are It is not the first time he has im- through before the end of this week. making headway by playing these silly pugned a Republican Senator. He has Congressman PRICE is a tremendous games, knowing that these Cabinet of- had harsh words for the Senator from choice. As both leaders had indicated, ficials are going to go through while Nebraska, BEN SASSE. BEN is one of the he probably has as much knowledge they stopped them from being able to most independent, thoughtful Senators about our health care system as any- do the job that needs to be done. They who I have ever come across on either one on Earth. have made it more difficult than any side of the aisle. I really respect that Steve Mnuchin—I didn’t even know President I recall in my time in the man. We have spent some time to- Steve Mnuchin, but I spent hours with U.S. Senate. They are treating this gether. We see each other in the gym. him. I have to say he is brilliant. I said President in a very belligerent, awful He has attacked the Senator from to him: You know, Steven, you are way. So I think we ought to give a lit- South Carolina, my friend LINDSEY going to lose a lot of money by taking tle bit of leeway for him to make some GRAHAM. He has attacked the Senator this job. He said: I don’t care. I want to verbal mistakes from time to time— from Florida. He has attacked the Sen- serve my country. even though we all wish he wouldn’t. ator from Kentucky, the junior Sen- I was refreshed by this attitude to I will say I think it is time for this ator from Arizona, and so many others. the point that I am going to help him body to start working and, more im- I would ask my colleagues, who I every way I can to become the greatest portantly, start working together. know care about this Chamber—and Treasury Secretary we have ever had. I There is nothing we cannot do if we the Senator from Utah’s heartfelt plea will tell you one thing, he does under- work together. We can save this coun- that we can get over these bumps in stand a lot about money. He under- try if we work together. We could have the road and start working together is stands a lot about Wall Street. He un- a better attitude in this country if we one I feel we share—but are we going to derstands a lot about business acquisi- will work together. We can be an exem- let this new President, who seems to tions and business matters. He is a plar for the rest of the world if we work have so little respect for other institu- practical person, as is our President. together. tions and people, other than himself, I don’t know that we should be so Look, there is no excuse for these oftentimes; are we going to let him sensitive sometimes because he often- two big fights that are going on. I like force us to change the rules of this times repeals what he said afterward, big fights on the floor. I like big fights great body? Are we going to let him and I find that refreshing too. I happen in committees. Sometimes out of those force us to change the rules of this to like this President. I think he is a fights comes very good legislation or great body? He immediately demanded refreshing new leader for this country. very good approaches to government. a changing of the rules on the Supreme He is not going to play these same old It is good for us to go at each other Court. I hope not. games that almost everybody who has from time to time. But to make it im- In conclusion, I hope these attacks been President has played. possible for a President to have his on an independent judiciary are re- He reminds me a lot of President Cabinet early on? There is something strained. I hope my colleagues will join Reagan in that regard. Of course, wrong with this approach. some of us in voicing discontent with Reagan had been a Governor before he Some people are using this particular those attacks and asking the President came here and a good Governor, but he situation to enhance their ability to to cease and desist. I hope the Presi- didn’t take himself too seriously, and run for President. dent himself will stop attacking Sen- he would say some things that got him I will say it would be wonderful if, ators personally, whether it be the in trouble from time to time too. They once again, we could get Democrats Democratic Senator from Connecticut all have, haven’t they? I guess, being and Republicans to work together. I re- or the Republican Senator from Ari- President, every word you say is being member in the early days, when I be- zona—which just happened this morn- carefully weighed. came one of the youngest committee ing. I hope we will not let the Presi- This President is going to have to re- chairmen of a major committee in his- dent intimidate us into changing the alize that as well. I think he will. He is tory, when I became chairman of the way this body works and instead try to a very bright man. I think we are Labor and Human Resources Com- come together, not let him divide us. lucky that we would have somebody mittee—which is now the Health, Edu- With that, I yield the floor. come out of the private sector into the cation, Labor, and Pensions Com- The PRESIDING OFFICER. The Sen- White House, with all the flaws, and mittee—there were nine Republicans. ator from Utah. flaws that people are finding with Don- Senator Kennedy came over from the THE PRESIDENT AND WORKING TOGETHER IN THE ald Trump, and be willing to take the Judiciary Committee, which he had SENATE criticisms and fight back sometimes. Is chaired, to become my ranking mem- Mr. HATCH. Mr. President, this has he perfect? No. Is he ever going to be ber. There were seven Democrats, in- been a nice morning for me. To have perfect? No, he is not, but neither will cluding Senator Kennedy, but two of both the majority leader and the mi- any of us ever be perfect. our Republicans from the Northeast nority leader say such nice things I will say this. A lot of us have more were from States that were quite lib- means a lot to me. experience than he has. On the other eral then. I couldn’t blame them, but I Having said that, let me just say I hand, in my eyes, isn’t it wonderful to knew that Kennedy had the 9-to-7 ideo- am concerned about this body and how have someone who has been immensely logical edge. I was going to be chair- it is going. I am also concerned about successful in the private sector—who man, and I could determine some the President. I personally wish he has had some very tough realities in things, but I wasn’t going to be able to would choose his words a little more the private sector, who has had his ups get much done unless I had some help carefully because everybody in the and downs in the private sector, who from Senator Kennedy. world pays attention to the President understands pain, who understands ex- Senator Kennedy was not known for of the United States. hilaration—isn’t it wonderful to have being cooperative up to that time. He On the other hand, I kind of find it someone like that who just may be was not known as a person who really refreshing that he doesn’t take any able to pull this country out of the aligned with Republicans to try to get guff from anybody. I like that. He is a stinking mess it is in, a mess caused by things done. He was known as a bomb

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.004 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S979 thrower and as somebody who really tremely important men for two ex- try around. But to do that, the distin- was one of the most articulate, liberal tremely important positions who are guished Senator from New York is Democrats in this body. left floundering because we are unwill- going to have to be concerned about In his own way, he was a very inter- ing to get the job done. If there were the national debt and the annual def- esting and good Senator, but he was real arguments against them, that is icit, and the distinguished Senator not known for bipartisan work at that another matter, but some of the phony from Kentucky is going to have to time. When he came over and said: I arguments that have been brought up worry a lot about what motivates the will work with you, there are some are just pathetic. Democrats and what we can do to find things I can’t do—meaning the unions, I remember when one of the Demo- common ground with the Democrats. the feminists, et cetera—but I will help crats wanted to be Treasurer of the I believe these two men can do that, you, that is how the Hatch-Kennedy re- United States. He had some real flaws. and I am hoping with all my heart they lationship began and began to bear He even hadn’t paid taxes in some will, and I am praying for them every fruit. ways, but he was a good person and day, that they might get together and It could not have happened, except wanted to serve his country. We that we might put aside party politics for two tough people with differing worked out the difficulties, and he was in favor of bringing this country out of principles who were willing to get to- able to serve as Secretary of the Treas- the mess it is in. I believe they can do gether and set aside their differences ury. I can name a number of others. If that, and I believe we can help them do and do some things that were not only we want perfection here, we are crazy. that. I would like to see it done be- important to the country but bene- Nobody is perfect, and everybody has cause we can’t keep going the way we ficial to the country. We were known some things that they wish they didn’t are going. I actually believe the President will as the odd couple. He would laugh have in their biography. about that in public and say: We are But I can say this: I was very dis- grow into becoming a great President, known as the odd couple. I would al- appointed in this body for holding up too, if we will help him a little bit rather than just fight everything he ways point to him and say: We all Jeff Sessions, who is a really good per- does or everything he says or try to know who the odd one is, don’t we. son. I haven’t always agreed with Jeff criticize him every time he opens his He would laugh. He was a fun guy to Sessions, but I knew one thing: He was mouth. I would like to see us show be with. When he was serious about honest in his beliefs, and he was cour- some respect for the President too. something, he could be a formidable teous in making his arguments. He did challenger, but he earned the right to I have a lot of respect for these two a lot of things that really were right. leaders. They are great men. But I be that. He didn’t just pop off because Frankly, the fact that we differed was he wanted to be President. He earned would like to see them be greater so kind of irrelevant because he was wor- the right, he earned our respect, and he that they will work together. You will thy of his position. I could go through earned my respect. From that time notice I am just saying ‘‘work to- a number of others. forth—he was considered a very great gether.’’ I would like it to be this way, Let me just say that I happen to be all the way together, but I will take Senator at that time, but he was not one of the people who really like the considered a great legislator. He went this, if we could just get people to work minority leader in this body. I think he together around here. on from there and became a great legis- could become one of the great leaders lator. I know because we worked to- I have said enough. I just want these of this Senate. He is smart; we all gether on things that are law today two leaders to know that I am pulling know that. He is aggressive; we all and good laws today. He had to learn to for both of them, and I am hoping we know that. He has had some degree of be able to compromise to be able to get can still have our fights and still have success around here; we all know that. this type of work done—and so did I. our arguments and still have the enjoy- We have to earn respect here. It isn’t He represents a huge constituency; we able aspects around here of comrade- just by popping off on the Senate floor, all know that. He is a good man; we all ship and working with each other. But it is by working as hard as we can to do know that. And he has a good family; I am hoping we can set aside some of the best we can for our constituents, we all know that. Let’s get rid of some these animosities and give the Presi- for the people in this country of both of the picayune fights around here, and dent his Cabinet and his leaders so that parties—of all parties—in the interest let’s start working together. he has at least a shot at pulling this of everybody. The majority leader, Senator MCCON- country out of the mess it is in. It is I wish we could get more of that NELL, in my opinion, is the best major- going to take a President Trump. It is back. I miss Senator Kennedy. I could ity leader we have had here in a long, not going to take another one of talk to him. I could pull him off his lib- long time. He is smart. He understands those—I believe President Trump is the eral perch. I could get him to do things the system. He loves the Senate. He is person who is right for this time. I be- that nobody could get him to do up a very honest and good man. He is lieve he will do a terrific job if we will until that time, and he could get me to tough as nails. I am sure he has flaws, help him. We will have differences, but do some things I wasn’t inclined to do just like all the rest of us. I believe he will pay more attention, at the beginning. But as we worked But these are two really potentially and I believe we will get better people them out, we found out that some of great leaders who could not only bring to come into the government to help the things we both agreed on—by pull- us together but could help us to save him to do this work and his job. ing each other together—became some this country at a time when it needs I may be a little bit naive in thinking of the most important bills in history. saving, where we have $100 billion in that we can do all of this, but I think I would like to see more of that here. unfunded liabilities—I mean trillion we can. And that is said by somebody I wish to see us all start working to- dollars; not billion, trillion dollars— who was told: You don’t want to work gether. A good way to do that would be where we are deeply in debt. We are with Senator Kennedy because he is a to give the President the Cabinet he now $20 trillion in debt. rock-ribbed liberal who doesn’t really needs and wants. Maybe that is one These two gentlemen could bring us care about what Republicans like. reason why he is saying some things together and could help solve these Well, I found that by working with him that those on the other side are finding problems if we would put the politics and he found that by working with me fault with and maybe on my side are aside, for the most part. We have to we were able to do things that helped finding fault with. He doesn’t have his have some politics here, or this would our country. It was partly because he Cabinet. As President, he doesn’t have be an uninteresting body, but we don’t was a prestigious Senator, no question, the advisers he needs. We are not help- have to have it on everything. If these and partly because I am an active, ing him here—as President. We are not two gentlemen could get together— hard-working, fighting Senator who helping him get the people around him they are both bright, they are both kind of appealed to him because he whom he needs. We are delaying, obfus- smart, and they both have given a lot knew he had somebody who would help cating, and fighting against people of time to the U.S. Senate. I like both fight these things through, and I was whom we shouldn’t be fighting against. of them. I could say I love both of smart enough to be able to help him to In terms of Congressman PRICE and them. If they would really start work- get things done in better ways than Steven Mnuchin, these are two ex- ing together, we could turn this coun- they would have been done.

VerDate Sep 11 2014 01:57 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.006 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S980 CONGRESSIONAL RECORD — SENATE February 9, 2017 Well, I have said enough. I just love The PRESIDING OFFICER (Mr. SUL- when somebody comes in front of me this body. I personally have been very LIVAN). The Senator has that right. and in front of a U.S. Senate com- moved by the kindness of the two lead- The Senator from Ohio. mittee and in front of the American ers, and I just hope we can get together Mr. BROWN. Mr. President, I appre- people and lies about something he did and do these things the right way. We ciate your flexibility during Senator that turned hundreds, if not thousands, are not going to go anywhere with con- HATCH’s speech. I thank Senator in Ohio—we still don’t have enough instant bickering and fighting and the DUCKWORTH and Senator CORTEZ MASTO formation about it—turned their lives constant running for President that we for their evolving leadership and for upside down. have around here. I don’t mind that. I their passion about these issues. Imagine when you are foreclosed on— mean, I think there is something to NOMINATION OF STEVEN MNUCHIN you probably can’t if it hasn’t hap- that, but it can’t be every time a per- Mr. President, I listened to Senator pened to you. It hasn’t happened to me, son opens his or her mouth. HATCH for many moments not so many but I have heard people tell their sto- Mr. President, I yield the floor. moments ago, and I was pretty struck ries. You go to your children and you The PRESIDING OFFICER. The Sen- by his analysis of these two nominees say: We are going to have to move, ator from South Carolina. who are about to come forward, Mr. honey. You are going to have to move Mr. SCOTT. Mr. President, I rise Mnuchin and Congressman PRICE. I was school districts. I don’t know where we today to say thank you. Republicans struck by Senator HATCH’s suggestions are going to live. I don’t know where and Democrats have been talking for a of their high ethics and honesty and your friends are going to be; you are long time this week, and perhaps that ability to serve in these two exalted— going to be far from your friends. We is productive. But without any ques- he is right about that part—exalted have to move because our house has tion, from what we have seen, I think Cabinet posts, the Secretary of Health been foreclosed on. I was paying the both sides would agree that the support and Human Services, Congressman mortgage, but this bank called cast has made this possible. I think it PRICE, and the Secretary of Treasury, OneWest did this to us. is important for us to pause for just a Mr. Mnuchin. So that is No. 1. moment and say thank you. What struck me is that I was sitting Then Congressman PRICE kind of We have pages who are juniors in in the same committee room as our re- didn’t tell the committee the truth, ei- high school here with us around the spected chairman, Senator HATCH, and ther. You could say ‘‘lie’’ or you could clock, and we want to say thank you to I heard these two nominees lie to the use whatever term you want to use. ‘‘Rep. Tom Price got a privileged the pages. I think about the fact that committee—lie to the committee; not offer to buy a biomedical stock at a we have law enforcement guarding this sort of a Trumpian lie, not kind of at discount, the company’s official said, place so we can be here safely, all night the edges, misspeaking or confusing contrary to his congressional testi- long. We have Parliamentarians and things, but outright lied. Mr. Mnuchin forgot that he had a mony.’’ clerks who have been at their places on This is sort of Wall Street Journal $100 million investment, I believe and off over the last 4 days, nearly language for ‘‘lie’’ because he said this, somewhere in the Caribbean. I don’t around the clock. I want to say on be- and it said contrary to his testimony. know if too many staff here or even too half of our side and the Democrats, I In Cleveland, OH, or in Garfield believe we all are very thankful and ap- many of my fellow Members who are Heights or in Cincinnati, we would say preciative for your long hours and the better off than most of the country fi- lie. They want to dress it up because time you have served us. Thank you for nancially—I don’t know too many peo- they wouldn’t want one of their people helping us represent the American people who would forget they had a $100 to be accused of something. ple. million investment somewhere. He for- Congressman PRICE—I am pretty I would also like to point out a few got to tell the committee that. That amazed. I know President Trump, Can- people by name because these folks was pretty bad, but then he told the didate Trump talked about draining have been here for up to 57 hours committee, in an answer to a question the swamp. Draining the swamp—he straight—57 consecutive hours of doing from me, that his bank, OneWest, says that, but it really does look like their jobs. Captioning services: Sandra where he was the CEO for a period of the White House is an executive retreat Schumm, Brenda Jameson, Doreen years, that they didn’t do any robo- for Goldman Sachs, a retreat for Gold- Chendorian, Jennifer Smolka, and Lau- signings. Robo-signings are a way that man Sachs executives and the people rie Harris. his bank staff signed document after he has hired in the White House. Official Reporters of Debates, 57 con- document after document, very quick- To hire two people who have these secutive hours of work: Patrick Renzi, ly, without looking at those docu- kinds of ethics—Congressman PRICE as Susie Nguyen, Julia Jones, Mary Car- ments, and then ended up causing fore- a Member of Congress, a prominent penter, Patrice Boyd, Octavio closures in my State. Hundreds of peo- Member of Congress in the House, as a Colominas, Alice Haddow, Andrea ple in my State lost their homes be- Congressman working on health care Huston, Carole Darche, Desirae Jura, cause of OneWest robo-signings, and he issues, he bought and sold health care Megan McKenzie, Wendy Caswell, told the committee that he didn’t do stocks profiting from it. In one case he Diane Dorhamer, Mark Stuart, and robo-signings until later. got this special privileged offer that Julie Bryan. The Columbus Dispatch, the most most people didn’t get, and then he lied On behalf of a thankful Senate, we conservative newspaper in my State—a to the committee about it. That is bad appreciate your time and your dedica- newspaper that almost never endorses enough, but look what he wants to be tion to the American people, allowing a Democrat and a newspaper that has the Secretary of. He wants to be the us to do what we have been doing. generally supported President Trump Secretary of Health and Human Serv- God bless. on most issues; sort of like when one ices. Why does that matter? Here is The PRESIDING OFFICER. The Sen- bird flies off a telephone wire, they all why it matters. ator from Nevada. do—and they talked about how Mr. He has these views on Medicare that Ms. CORTEZ MASTO. Mr. President, Mnuchin lied to the Finance Com- are so out of step with the country. For let me first of all say I echo the committee. instance, he said in July 30, 2009, ments of my colleague from South So Senator HATCH talks about their ‘‘Nothing has had a greater negative ef- Carolina. Thank you to all of you who integrity and what great public serv- fect on the delivery of health care than have been working so hard. ants they are, except they lied to his the federal government’s intrusion into I rise to yield the remainder of my committee. medicine through Medicare.’’ That postcloture time to Senator WYDEN. My wife and I live in ZIP Code 44105, sounds like the John Birch Society, The PRESIDING OFFICER. The Sen- Cleveland, OH. That doesn’t mean 1965, when Medicare passed, over- ator has that right. much to people listening, but my ZIP whelmingly in the end because every- The Senator from Illinois. Code 10 years ago—my ZIP Code, in the body saw how good it was, but they op- Ms. DUCKWORTH. Mr. President, I first half of 2007, had more foreclosures posed it because it was socialism or rise to yield the remainder of my than any ZIP Code in the United States some such term they used to describe postcloture time to Senator SCHUMER. of America. So I take that personally Medicare.

VerDate Sep 11 2014 01:57 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.007 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S981 I don’t know too many people who for something like this that will raise represents two equal yet opposing dan- actually receive Medicare—unless they the Medicare eligibility age. gers to the country. First, they warn are Members of Congress who really I will close with this. I was in that he will lack any independence of think that Medicare is socialism. Medi- Youngstown one day at a townhall. A thought or commitment to the Con- care has worked for—back in 1965—Sen- woman stood up. She was clearly in her stitution. They allege that he would ator DURBIN doesn’t remember this as a early sixties. It turns out I could cal- serve merely as a rubberstamp for Member of the Senate, but he remem- culate her age from what she said. She President Trump and his agenda. bers this figure I am going to give. In put her hand up, she stood up, and I In the same breath, though, they 1965, when LBJ signed Medicare, 50 per- called on her. There were about 200 claim he would engage in unprece- cent of Americans 65 and older had no people there. She said: I work two jobs. dented judicial oversight of the Federal health insurance. Today that 50 per- I don’t make a lot of money. I am get- executive agencies. In other words, our cent has shrunk to less than 1 percent ting by with two jobs. Neither of my colleagues on the other side of the aisle of Americans that age don’t have jobs has health insurance. She said: I assert that Judge Gorsuch would be health insurance. Think about that am 63. My goal in life—think about both too deferential to Federal agen- progress and what this means. this. The pages, they are not thinking cies and not deferential enough. Congressman PRICE wants to be the a lot about Medicare, but my col- The truth is, these warnings and ac- head of Medicare. He wants to be the leagues think about this. She said: I cusations are entirely unfounded, and head of Medicaid. He wants to be the am 63. My goal in life is to live 18 they appear to be grounded more in po- head of the agency that is going imple- months more so I can get Medicare. litical calculations than in honest con- ment the Affordable Care Act if he Think about that. Her life is such cern. For my part, I am excited about can’t repeal it. Think about this. He that her goal in life isn’t to get to the prospect of confirming a Justice wants to privatize Medicare. He wants know her grandchildren better or help who not only represents the separation to voucherize it. He has voted consist- her kids out or maybe take a trip to of powers but reveres it as one of the ently for Republican budgets in the New York City or even Cleveland, her central principles of the Constitution. House to do that. goal in life is to live long enough to A commitment to our constitutional Do you know what else he wants to have Medicare. separation of powers could not come at do that is particularly offensive to me? I would like Congressman PRICE to a more crucial time, as executive It is offensive because we sit here and meet her and Congressman PRICE to branch agencies have increasingly ac- we dress well and we have good titles say: Well, lady, you know, your goal in cumulated power and autonomy over the years. Both the Congress and the and we get paid well and we have insur- life needs to be you can live 31⁄2 more ance funded by taxpayers. He wants to years so you can be 67 or 70 to get this. Federal judiciary bear responsibility raise the eligibility age for Medicare. Think about the morality of this. for this. Legislatively, Congress simply cedes Look around my State. The Pre- Congressman PRICE, I know him. I siding Officer grew up not far from don’t know him well. He is a nice too much of its own lawmaking power where I live in Cleveland, OH. He enough guy. Voting for somebody who to the executive branch. We have been knows his adopted State way better, wants to raise the Medicare eligibility doing that for years. These agencies have been legislating through Federal but he knows my State still, and he age, that to me is immoral. It shows regulation. In turn, Congress has al- knows what this means. If you are a how out of touch—I am guessing that lowed unelected bureaucrats to create barber in Garfield Heights, you have to most of my colleagues who will vote law and determine how that law should wait until 67, or even 70, according to for Congressman PRICE have never sat be implemented. Congressman PRICE, before you are eli- down with somebody who would think We have to stop this erosion of our gible to draw Medicare. If you are a it is a really bad idea, not to mention article I power. Congress needs to take carpenter in Westlake, OH, you have to immoral, to raise the Medicare eligi- ownership of its lawmaking authority wait until you are 67 or 70 to draw bility age. and reverse this dangerous trend to- Medicare. If you are working construc- I plan to join a lot of my colleagues ward governance by executive fiat. tion in Lima, OH, or if you are working in voting no on Congressman PRICE. I That is only part of the equation. The a manufacturing plant in Mansfield, think it is the wrong move for our Federal judiciary needs to use its con- OH, if you are working retail in Cin- country. I think it is the wrong move stitutional prerogative to rein in the cinnati, OH, if you live in Zanesville for particularly seniors in this country executive branch. and you wait tables in a diner, you are who depend on Medicare and on Med- Ever since the 1980s, Federal courts going to wait until you are 67 or 70 icaid, people of all ages. It is clearly have grown far too deferential to exec- until you can draw Medicare. the wrong move for our country. utive agencies. Under a doctrine known That is what Congressman PRICE Mr. President, I yield the floor. as Chevron deference, the courts defer wants to do. Not only are his ethics The PRESIDING OFFICER. The Sen- to agency decisions if it makes ‘‘rea- challenged—that should be reason ator from Arizona. sonable’’ regulations based on ‘‘vague’’ enough he should step aside. Buying NOMINATION OF NEIL GORSUCH statutes. and selling stocks, health care stocks Mr. FLAKE. Mr. President, as I did In fact, this means that when the as a Member of Congress while you are last week, I rise again to support the Federal courts consider an agency deci- voting and helping those companies, nomination of Judge Neil Gorsuch to sion, the judges have a new catch- that is bad enough, but what he wants serve on the Supreme Court. As we phrase: ‘‘The agency is always right.’’ to do to maybe the greatest program in know, he is an accomplished, main- This should concern my colleagues on American history, Medicare, is much, stream jurist, and he is a worthy suc- the other side of the aisle who voiced much worse because that affects people cessor to Justice Antonin Scalia. I look strong concerns about rubberstamping. in those towns I mentioned—in Gar- forward to seeing him receive an up-or- I don’t think the Founders ever in- field Heights, Westlake, Zanesville, down vote on the Senate floor. I truly tended for two constitutional branches Cincinnati, and Mansfield, all over. hope that happens. of our Federal Government to volun- I hope I am healthy enough to con- After meeting with Judge Gorsuch tarily cede the power to the third. Im- tinue working and continue serving in and learning more about his judicial portantly, neither does Judge Gorsuch. the Senate. The voters, obviously, philosophy, I continue to be impressed Judge Gorsuch has written extensively would have to say that between now by his humble respect for the law and both about delegation and deference in and then. I hope I can work until I am his commitment to service. Before the his role as judge on the Tenth Circuit 67 or 70 in this job. I know a lot of peo- hearings in the Judiciary Committee, I Court of Appeals. ple who work outside who are on their wanted to take the opportunity to He addressed the issue of delegation feet all day, who work with their arms highlight one aspect of his jurispru- in a recent case called Caring Hearts and shoulders. They can’t work until dence that I find particularly impor- Personal Home Services, Inc. v. they are 67 or 70. It is immoral for tant: the separation of powers. Burwell. In it, he noted: Members of this body to support a can- To hear some of our friends on the Executive agencies today are permitted didate, to support somebody or to vote other side of the aisle, Judge Gorsuch not only to enforce legislation, but to revise

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.009 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S982 CONGRESSIONAL RECORD — SENATE February 9, 2017 and reshape it through exercise of so-called I yield back the remainder of my parents and grandparents. There was a ‘‘delegated’’ legislative authority. time. time—and there aren’t many left who He continued: The PRESIDING OFFICER (Mr. SUL- can remember it—when it reached the The number of formal rules these agencies LIVAN). The Senator from Illinois. point where Grandma had to come and have issued, thanks to their delegated legis- Mr. DURBIN. Mr. President, those live with you because there was no lative authority, has grown so exuberantly, following the proceedings of the Senate place for her to go. She perhaps worked it’s hard to keep up. The Code of Federal may be wondering what we are doing. in life and perhaps hadn’t. She had a Regulations now clocks in at over 175,000 Technically, we are considering the pages. limited amount of retirement. She had nomination of Congressman TOM PRICE He noted that delegation presents very modest, if any, Social Security. of Georgia to serve as Secretary of She was in and out of the doctor’s of- both separation of powers problems and Health and Human Services—a position due process problems. The reason is fice and hospital. And she was in the he has been nominated for by President spare bedroom. I can remember that simple. The executive is doing the Trump. Other Members have come to work of the legislature. growing up as a kid. That was consid- the floor and discussed other nominees, In terms of due process, Judge ered somewhat normal at the time. as the junior Senator from Arizona just Gorsuch wondered ‘‘whether and how In the 1970s, that started to change. people can be fairly expected to keep discussed the Supreme Court nominee, It changed, obviously, with Social Se- pace with and conform their conduct to but I wanted to make sure I came to curity but also with Medicare. Now all this churning and changing ‘law.’ ’’ the floor for a few minutes to put my your grandmother had access to a doc- He further questioned: ‘‘What hap- thoughts on the record about the nomi- tor and a hospital, and it didn’t cost pens if we reach the point where even nation of Congressman TOM PRICE to be her life savings. What a big change it these legitimate legislating agencies Secretary of Health and Human Serv- meant. As we learned when Medicare don’t know what their own ‘law’ is?’’ ices. was created, almost half of the seniors Judge Gorsuch could not be more It almost seems like a natural fit. He in America had no health insurance. correct. With tens of thousands of is an orthopedic surgeon. This man ob- Now that number is 1 or 2 percent. pages published in the Federal Register viously is gifted and talented and edu- Medicare has worked, and it has every year, it is fair to wonder how any cated and skilled when it comes to the worked to give people longer lives. agency can be certain of the legal ef- healing arts, and he made a living be- That is the real proof. I can brag about fect of its own rules. If the agencies fore his election to Congress dealing it all I care to, but the bottom line is that write these laws can’t keep track with complex surgeries. On that alone, that senior citizens, starting with the of them, how can a small business he needs to have honest consideration creation of Medicare, started living owner in Arizona be expected to com- from all Members of the Senate as we longer, more independent lives. Isn’t ply with the litany of ever-changing advise and consent to his nomination that what every senior wants—decent, rules written by unelected bureau- to Secretary of Health and Human good health and independence in the crats? Services. But he will not be entering way they live? Medicare has been the Judge Gorsuch has also discussed the surgery when he goes to the Health and key to that. problem of deference and explained the Human Services Department, at least It is hard to imagine that here in 2017 proper relationship between Federal not the kind of surgery experience he we are going to initiate another debate agencies and the judiciary. In his con- has had in the past; he is going to be in about whether America should have curring opinion, in Gutierrez-Brizuela charge of the most important health Medicare. Fifty years later, we are v. Lynch, Judge Gorsuch explained: care programs in the United States of going to go through this debate all In enlightenment theory and hard won ex- America. They are programs that lit- over again? Apparently so, because the perience under a tyrannical king, the found- erally tens of millions of Americans nominee of President Donald Trump to ers found proof of the wisdom of a govern- count on; 50 or 60 million Americans be the head of the Health and Human ment of separated powers. count on Medicare. Services Department, Congressman He continued: Medicare is that program created in TOM PRICE of Georgia, has said some The founders considered the separation of the 1970s under President Lyndon John- troubling things about Medicare. powers a vital guard against governmental son that said: You don’t have to reach In Politico, he said: ‘‘Nothing has encroachment on the people’s liberties, in- a point in life where you are so old that had a greater negative effect on the de- cluding all those later enumerated in the you can’t work anymore and therefore livery of health care than the Federal Bill of Rights. can’t qualify for health insurance at government’s intrusion into medicine Judge Gorsuch found Chevron def- your employment. We are going to cre- through Medicare.’’ What was he erence inconsistent with this constitu- ate a program that is available for peo- thinking? He obviously never looked at tional framework, which he called ‘‘no ple who are 65 years of age called Medi- it from the perspective of someone of less than a judge-made doctrine for the care. You are going to be able to have limited means who finally had a abdication of the judicial duty.’’ chance for the protection of health in- He concluded: health insurance coverage at age 65. It was a dramatic change in the way surance at age 65. I met those people. We managed to live with the administrative state before Chevron. We could do it we looked at health care in America, One of them is a friend of mine. Her again. Put simply, it seems to me that in a and it was controversial. The medical name is Judy. Judy lives in Southern world without Chevron, very little would professions opposed Medicare. They ar- Illinois. I met her because she is a change—except perhaps the most important gued that creating this health insur- sweet lady who is head of hospitality things. ance plan for senior citizens—and later at a motel where I stay in Southern Il- The separation of powers is the most it was expanded to the disabled—meant linois. She is a happy person with a big important feature of our constitutional socialized medicine, which meant that smile, and I have gotten to know her system of government. When each the government was going to make the over the years. We became friends. branch of government serves as a check decision about your health care—no I came to learn one day that Judy on the other, it fosters a more delibera- longer you and your doctor; it would be has spent most of her life in jobs just tive, judicious, and limited form of the government making these critical like that. She is not a lazy person at governance. As someone who embraces decisions. So the American Medical As- all, but she is lucky to get part-time limited government, it is a privilege to sociation and many others opposed the jobs. And when I met her at age 63, support and confirm a judge like Neil creation of Medicare. Judy told me, whispered to me once, Gorsuch who supports this philosophy. Despite that opposition, the bill went ‘‘Senator, I have never had health in- As I have said before, and I will say forward and passed and became law. I surance in my life.’’ That is a heart- again, Judge Gorsuch deserves fair con- would go out on a limb today as a poli- breaking statement when you think sideration by those who serve in this tician and say it may be the most pop- about it, isn’t it? This lady lived 63 body, and he deserves an up-or-down ular single political program, perhaps years never once having health insur- vote on the Senate floor. When he re- only second to Social Security, in the ance. Then a couple of things hap- ceives that vote, he will be confirmed history of the United States. Over- pened. She asked me about the Afford- overwhelmingly. night, it changed the treatment of our able Care Act, ObamaCare. Was it good

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.010 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S983 for her or not? I told her that because that effort, it would eliminate health would eliminate, are going to have a her income was at a certain level, she insurance for 30 million Americans and tough time staying open. was going to qualify for health insur- lead to dramatic premium increases for The Illinois Hospital Association ance under the Affordable Care Act those with health insurance. Last year, tells us we will lose 90,000 jobs if Con- with no premium. She was brought it was Congressman PRICE of Georgia gressman PRICE’s plan to repeal the Af- into the Medicare Program at age 63. who authored the repeal and retreat fordable Care Act goes forward—90,000 For the first time in her life, she had reconciliation bill that, thank good- in Illinois. I need not tell you they are health insurance through the Afford- ness, was vetoed by President Obama. the best paying jobs in downstate com- able Care Act—a low-income wage Bound and determined Congressman munities. So it is a job-killer, and earner, eligible for Medicaid at no ex- PRICE was to eliminate ObamaCare. sadly it endangers the health of the pense to her. And for 6 years, Republicans have people who count on these hospitals. And it didn’t come a moment too never had a replacement. That is why What is he thinking? He is a doctor. soon. On one of my next trips down they are changing their rhetoric. It He should be thinking in terms of what South, I saw Judy. She didn’t look as went from repeal, to repeal and re- it means when you don’t protect people healthy as she once looked. Turns out place, and now it is repair. I can’t keep with basic health insurance. Right she had been diagnosed with diabetes. up with them. But I will tell you, start- now, if you qualify for Medicaid, you And at age 64, she was in need—des- ing with repeal is inviting a disaster in are guaranteed to get health care. perate need of ongoing medical care or health care in America and calling into Under Congressman PRICE’s plan—the complications were likely to set in. It question the health insurance coverage man who wants to be head of Health was shortly after that she qualified for of 30 million people in our country. So and Human Services—the guarantee is Medicare. So Judy has coverage. Judy if Congressman PRICE had his way, it gone. Illinois would have lost $14 bil- has a doctor. Judy has people who care would mean less funding, fewer serv- lion in Medicaid funding if Congress- about her in her life. ices, and fewer people covered. man PRICE had his way. That is why I wonder what Congress- In addition to wanting to repeal our Faced with far less Federal funding, man PRICE, who wants to be Secretary health care law, Congressman PRICE the States would have to be forced to of Health and Human Services, is wants to fundamentally and negatively find ways to save money, even worse thinking. What is he thinking about change Medicare and Medicaid. Those than what we currently have in our people just like her? two programs together serve about State. They might start Medicaid wait- Let’s take a look at what we have be- one-third of the people living in Amer- ing lists or work requirements or cut fore us with his nomination. This De- ica, 120 million. He wants to eliminate benefits. Think about it. A person nom- partment touches the lives of virtually the Affordable Care Act’s expansion of inated to lead the Nation’s premier every American, Health and Human Medicaid. health agency supports proposals that Services. I talked about Medicare and Remember Judy? Her income was too would take health care away from peo- Medicaid, but this is the Department low. She couldn’t pay any health insur- ple. that is responsible for medical research ance premiums. But because her in- It gets worse. Congressman PRICE too—the National Institutes of Health, come was so low, she qualified to be wants to privatize Medicare. Be careful for example. This is the Department brought into the rolls of Medicaid in Il- when you hear a politician stand up that oversees the Centers for Disease linois. Over 600,000 people just like her and say: I want to guarantee your ac- Control, and that is the agency which were brought into protection of health cess to health insurance. Well, I have had to fight the outbreak of Ebola in insurance for the first time in their access to a lot of things. I can walk West Africa. This is the Department lives. This is one of our best tools for onto the showroom floor of people who that is in charge of promoting healthy primary care for people who are in low- are selling $85,000, $95,000 cars. I mean, births of babies in America and, of income situations—Medicaid. I have access to those showrooms. Can course, caring for our seniors I have Because we included in the Afford- I buy one of them? No. I can’t afford it. spoken about. able Care Act a guarantee that health Most people couldn’t. But I have access On many of these issues I have just insurance would cover mental illness to it. So when they say you have access outlined, Congressman TOM PRICE of and substance abuse treatment, in to health insurance, the obvious next Georgia has made his views very clear. some parts of my State where opioid question is, What kind of health insur- His legislative record and his core val- addiction and heroin deaths are so ance? And how am I going to pay for ues as a Republican Congressman from prevalent, people with health insurance it? Watch out for that word ‘‘access.’’ Georgia are in contrast with the mis- have access to substance abuse treat- It is a loaded political word. sions of the very Department President ment. Congressman PRICE, who would Just the other night my colleague Trump has asked him to lead. Let’s repeal ObamaCare, would eliminate BERNIE SANDERS was debating Senator take a look. that guarantee in health insurance. TED CRUZ of Texas, and darned if Sen- New York Times said Congressman Repealing the Medicaid expansion ator CRUZ didn’t come up with that PRICE’s views on the role of govern- that I mentioned earlier would put word, saying we have to make sure ment in health care can ‘‘be summed 650,000 Illinoisans out of insurance, and every American has access to health up in one word: Less.’’ our State would lose $37 billion in Fed- insurance. No, we have to make sure Congressman PRICE has spent his po- eral funding over the next decade. every American has health insurance. litical career opposing many of the What impact does it have if a person How about that? Health insurance they basic Federal health programs he is shows up at an emergency room sick, can afford that is worth buying. now being asked for permission to with no insurance? In America, that Congressman PRICE wants to pri- oversee. He has repeatedly voted person still receives care, but who pays vatize Medicare. So instead of having a against the Children’s Health Insur- for it? Everybody else. People with government-run program for tens of ance Program, which is a program that health insurance end up paying for millions of Americans, he wants to put provides health insurance to 8 million those who receive care and don’t pay seniors and the disabled in America kids in America. Even before passing for it. Medicaid makes sure that hos- back in the loving arms of health in- the Affordable Care Act, we decided we pital receives a payment. So when Con- surance companies. How about that? were going to extend health insurance gressman PRICE wants to eliminate the Do you remember a time when you or coverage to children, making a real coverage of Medicaid under the Afford- your family was on the phone with commitment at the Federal level on a able Care Act, it means less money somebody, begging them for health in- bipartisan basis to do it. Eight million coming into the hospitals across Amer- surance coverage, waiting and waiting kids are covered nationwide, 300,000 in ica. Some hospitals are big and pros- and waiting for your turn? That is Illinois. perous, and they can take it; others what he thinks is access, and that is Congressman PRICE has spent the cannot. In downstate Illinois, where I what he believes is good health insur- last 6 years in a desperate attempt to hail from, smalltown America, hos- ance. I don’t. Ending the guarantee of repeal the Affordable Care Act, pitals in those communities losing Medicare for hardworking American ObamaCare. If he were successful in Medicaid, which Congressman PRICE seniors and handing them a voucher

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.012 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S984 CONGRESSIONAL RECORD — SENATE February 9, 2017 and wishing them good luck on finding we always spend enough to keep us tion is this: What purpose is to be their own insurance—that may be ac- safe. But the battle is going to be be- served by dragging all of this out? cess, but it is not protection. tween defense and nondefense. Non- Unfortunately, what this does is it The point of voucherizing Medicare is defense includes health care. Non- uses floor time, which is a valuable and to save the government money by forc- defense includes medical research. limited resource here in the Senate. It ing seniors to pay more out of their Nondefense includes education. prevents us from turning to bipartisan own pockets. That is Congressman Now we are going to have someone legislation that would actually help PRICE’s approach, and now he wants to here at the Department of Health and the American people. That is a real head up the agency in charge of Medi- Human Services who, sadly, is not shame. Of course, beyond our political care. Don’t take my word for it. He committed to the basics of Medicare parties, beyond our differences in phi- said: ‘‘Nothing has had a greater nega- and Medicaid. That is not good news losophy and opinions on various policy tive effect on the delivery of health for seniors and disabled people across matters, we are here to work for the care than the federal government’s in- the America. That is why I am going to American people. That is the job we trusion into medicine through Medi- oppose Congressman PRICE. were sent here to do. In fact, I think, care.’’ I yield the floor. more than anything, the election on Since 1965, when we created Medi- The PRESIDING OFFICER. The Sen- November 8 was a mandate for change. care, listen to what has happened. Be- ator from Delaware. I think the American people had before Medicare, 51 percent of Americans Mr. COONS. Mr. President, I rise to come pretty—well, I think we had used 65 or older had health care coverage agree, briefly, with the remarks of my up all their patience in both political and nearly 30 percent lived in poverty. friend, the senior Senator from Illinois, parties in our inability to actually get That is before 1965. Today, 98 percent of and to comment that the nomination things done. So just slowing down the seniors have health care coverage, pri- of Congressman TOM PRICE of Georgia confirmation process for the purpose of marily because of Medicare. Fewer to be Secretary of Health and Human delay I think ignores the mandate we than 10 percent live below the poverty Services is concerning, even alarming, received on November 8 from the Amer- line. It has made a dramatic difference to all of us who have reviewed his ican people when they voted for in their quality of life, the length of record—his record, his public state- change. their lives, and the independence they ments, his work—that threatens to pri- Looking back through recent his- enjoy in their lives. vatize Social Security, that threatens tory, we will see that bipartisanship In addition, by ensuring access to to restructure and fundamentally has characterized a peaceful transition care for more people, Medicare has con- change the promise of Medicare, and of power from one administration to tributed to life expectancy—5 years that offers the promise of repealing the the next. President Obama, to his cred- higher today than it was in 1965. So Affordable Care Act without any plan it, did believe in a peaceful transition Medicare has helped ensure more sen- to replace. of power and worked with the incoming iors have health insurance, fewer sen- I could not agree more with the Trump administration to make that iors are living in poverty, and people words of the Senator from Illinois that possible. But it takes more than one are living longer. Is that what Con- we should all be cautious about being President working with the next Presi- gressman PRICE considers a ‘‘negative promised access without any pathway dent. It takes Congress working to- effect on the delivery of health care’’? toward the ability to actually afford gether on a cooperative basis to make There are so many different issues quality health care. sure that, yes, questions have to be an- where Congressman PRICE has taken Mr. President, I yield the remainder swered and, yes, nominees have to be what I consider to be radical and ex- of my postcloture debate time to Sen- vetted. But after all the questions have treme views, particularly when it ator WYDEN. been asked and all the vetting has comes to health care. I won’t go The PRESIDING OFFICER. The Sen- taken place, I think just delay for through the long list, but I will say ator has that right. delay’s sake serves no useful purpose this. We debated the future of Medicare The majority whip. and undermines the tradition that we when I was a member of the Simpson- NOMINATIONS have had in this country—that once Bowles Commission. We were looking Mr. CORNYN. Mr. President, I appre- the election is over, we then move, not at the deficit situation facing our ciate, as always, the courtesy of our to an election mode, but to a governing country and looking, as we should, at colleagues. mode. Then, of course, we gear up for entitlements. Many of us said at the Earlier this week, we confirmed Mrs. the next election in 2018. But now is time: Be careful about raising the eli- Betsy DeVos as the next Education the time for governing, not a time for gibility age for Medicare. For a Con- Secretary, and last night—finally, at electioneering. The American people gressman or a Senator, a couple more long last—we confirmed Senator Jeff need to accept the results of the elec- years at a desk before you qualify for Sessions to be the Attorney General of tion, and I think the American people Medicare is not a big ask. But if you the United States. That represents the by and large have. Now, activists clear- happen to be a waitress on her feet eighth nominee to the President’s Cab- ly have not. But I don’t think dragging every day, suffering from arthritis or inet who has been confirmed. At this this out in order to increase the level some other issues, 2 more years in the point in the Obama administration, of separation and polarization in the workplace literally are backbreakers. there were 24 Cabinet members con- country by not coming together and If you happen to be driving a truck, firmed. So, obviously, we are way be- providing the President’s Cabinet making deliveries, changing the Medi- hind in terms of giving the President serves the public interest. Maybe it care eligibility age from 65 to 67 or 70 the team he needs in place in order to serves the interests of some narrow is where you are going to get in trou- start his administration and advance part of a political base, but certainly ble. That is where people actually are the country’s policies. not the American people. going to face a hardship. We will move after today to the De- Many have pointed out that since Sadly, Congressman TOM PRICE of partment of Health and Human Serv- President Carter, who had eight of his Georgia doesn’t get it. He doesn’t un- ices Secretary, Dr. TOM PRICE, and nominees confirmed on his first day in derstand that part of it. Because he then to the Treasury Secretary, Mr. office, the nominations process has doesn’t, I am going to be opposing his Mnuchin. The handwriting of course is been fairly uneventful. President nomination and watching carefully and on the wall. We all know each of these Reagan, for example, had a dozen con- closely. nominees will be confirmed. How do we firmed in his first 2 days of office. There is going to be a battle royal on know that? Because, thanks to the President Clinton had 13 within 24 the floor of the House and the Senate former Democratic leader, who invoked hours. President Obama had seven con- about funding important programs in the nuclear option changing the Senate firmed on day 1, and so did George W. America. The Department of Defense, rules, only 51 votes are necessary to Bush, when he was President. as important as it is for America’s se- confirm a nominee since there is no fil- The obstruction and slow-walking of curity, wants all the money it can get ibuster, strictly speaking, no 60-vote the President’s Cabinet choices is units hands on, and I want to make sure requirement for nominees. So my ques- precedented. In fact, this is the longest

VerDate Sep 11 2014 01:57 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.013 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S985 it has taken to confirm a majority of a comes to taking up the nomination of Nominees have since followed her ex- new President’s Cabinet since George this incredibly qualified judge for the ample so much that it has now become Washington in 1789. This goes back to U.S. Supreme Court. known as the Ginsburg rule. So I hope the origins of the country. That is People on the right and on the left our friends across the aisle don’t now pretty shocking. alike have acknowledged that Judge take the position that Judge Gorsuch For our colleagues to keep the Presi- Gorsuch is an incredibly qualified would be disqualified because he in- dent from his advisers is not only a re- nominee, a mainstream candidate, and vokes the Ginsburg rule, which all re- jection of the verdict of the American widely recognized as such by liberals sponsible judges or nominees to the Su- people on November 8 but to this insti- and conservatives alike. Some of our preme Court should invoke. It has been tution and to the stability of the gov- friends on the other side are grasping a consistent theme throughout. ernment and that peaceful transition at straws, searching for ways to call So let’s drop the excuses, and let’s of power that President Obama said he his background or qualifications into get to work. I hope that at some point believed in and I think demonstrated question, basically using the nomina- the fever will break and our friends by his actions. tion as a way to continue to contest across the aisle will decide to quit the We need adults to stand up and say and deny our new President the man- foot dragging, quit the slow walking we are not going to cater to the ex- date he received from his election on for delay’s sake alone. I don’t know tremes in either political party, but we November 8. who benefits from that—certainly, not are going to seek common ground for The Democratic leader even sug- the American people. the common good of our country. That gested that because Judge Gorsuch When it comes to nominees like is a position many of our Democratic would not answer all of his questions in Judge Gorsuch, I hope our colleagues colleagues have agreed with until a private meeting, he was somehow will apply the same standard that was today. hiding something. Well, our friend applied when a Democratic President The day before the election last No- across the aisle knows—he is a smart nominated somebody for the Supreme vember, the Democratic leader indi- Senator. He is a good lawyer, and he Court like Justice Ginsburg. I hope cated a willingness to work with his understands. Judges are not supposed they will not have a double standard Republican counterparts to reach to answer before they get on the bench but will agree that the standard should across the aisle in order to do so for how they would decide cases once they be the Ginsburg rule and give this good what was right for the American peo- are on the bench. judge, an outstanding nominee for the Judges are not politicians, wearing ple. Senator SCHUMER, our colleague U.S. Supreme Court, the up-or-down black robes, unelected, life-time from New York, said on November 16: vote he deserves. tenured super legislators. So it would We have a moral obligation, even beyond I yield the floor. the economy and politics, to avoid gridlock be completely inappropriate for any The PRESIDING OFFICER. The Sen- and get the country to work again. . . . We nominee for the Court to come, either ator from Washington. have to get things done. in a private meeting or in a public set- Ms. CANTWELL. Mr. President, I I bet at the time Senator SCHUMER ting, and say: Well, if I am elected, I come to speak on the nomination of said that, he expected Hillary Clinton will decide this case or this issue in Congressman PRICE to lead the Health to be President. But now President this way. That is completely contrary and Human Services Department. But I Trump has won the election, and I to the responsibility of a judge, and I have to respond to my colleague from think the same obligation applies to a think mistakes the important distinc- Texas on his remarks. He wanted to Trump Presidency that he felt should tion between how judges and legisla- know why Members of our side of the apply to a Clinton presidency. tors ought to act. aisle wanted to have information about Judges are not politicians. We don’t Now, the Democratic leader is sing- nominees or why it might take so long. want them as politicians. We want ing a different tune, and we know what There are a record number of billion- them as an independent judiciary that the results are. I actually don’t envy aires in this Cabinet. There is nothing can interpret the Constitution and our friend from New York, the Demo- wrong with people making money. But laws as written. This is an important cratic leader. He has perhaps one of the when you have conflicts of interest, difference between some of our friends toughest jobs in Washington, DC. He clearly people on this side of the aisle on the left and those of us who believe has allowed a narrow political base full feel like we should do our job and find in a traditional judiciary. I believe of people who want him to block, stall, out about those conflicts of interest. that because judges are life-tenured and obstruct this President at every Even in record time, these nominees and they are unelected, they are ill- turn. But I have worked with the Sen- have moved through this body, coming suited to become policymakers for our ator from New York before. He and I to votes in committee without our country. see the world through a different lens, Indeed, as to Justice Scalia, I even having all of this information but we have found ways to come to- thought this was one of his life’s work. that we wanted to have on their con- gether and work in practical ways that He said: flicts of interest. benefit our constituents and the coun- For one nominee, the Commerce Sec- A judge’s job is to interpret the written try. word, either the Constitution or the statutes retary, we were negotiating even the But I can tell he is being pulled in di- written by the elected representatives of the day of the vote to clarify whether he rections that he is not particularly people. It is not to pursue a separate and was going to recuse himself if any of comfortable with. But what he is doing independent policy agenda or personal agen- his transport vessels ever entered U.S. is allowing that loud narrow base of his da just because you have the power to do so waters and would have a conflict on political party to lead his conference as a lifetime tenured judge. the Oil Spill Liability Trust Fund. and his party. I think he knows what is So the fact that Judge Gorsuch does So there is the notion that somehow good for the country and for the people not answer questions about how he we have been dragging our feet on a we all work for, and that would be to would decide cases once confirmed, I Cabinet, when a billionaire Cabinet has resist the urge to feed the radical ele- think, means he is being true to his re- been nominated by this President, who ments and to work together for the in- sponsibilities as a judge. If someone seems to want to tweet against com- terests of the American people. were willing to make those sort of merce. The conflicts are here, and we Just last week, President Trump an- campaign promises before they were want them cleared up. nounced the nomination of an incred- confirmed, I think they would be dis- As to Mr. PRICE, there are issues here ibly well-qualified judge for the next qualified from serving. Take the exam- that even the committee was not given Supreme Court Justice. As of today, ple of Justice Ruth Bader Ginsburg the chance for a second hearing to get several Senate Democrats have indi- during her confirmation hearings in information about his conflicts of in- cated they want an up-or-down vote on 1993. She said she did not want to give terest. So for my colleague—who that nomination. I think that is posi- any hints or previews about how she thinks for a party that railroaded Zoe tive. I hope those are representative of might vote on an issue before her. So Baird because of a housekeeping issue, the cooler heads that will prevail on she politely declined to answer those and yet there are nominees that we the other side of the aisle when it questions. have moved forward on who have the

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.014 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S986 CONGRESSIONAL RECORD — SENATE February 9, 2017 same issue—now to say to us that we ance actually costs less than private home care to community-based care don’t have the right to find out what insurance. So, it is a very efficient way with the help of this program. So it is these conflicts of interest are, I would to cover a population. a winning strategy. say that you are wrong. I know a lot of my colleagues are Yet we could not get a commitment On this issue for Mr. PRICE, my issue going to come out here and talk about or an awareness by Mr. PRICE about is the issue of our health care delivery Medicare. I am sure seniors in America this program, what it does, why it is so system, which was very hard to pin will be very anxious about Mr. PRICE’s successful, or the concept that having him down on as it relates to the Afford- statements on Medicare. But I am people get care in their homes would be able Care Act. My view is that this speaking here now about a program appropriate for so many Americans vote is the first vote in the repeal of that is keeping people off of uncompen- over the very expensive nursing home the Affordable Care Act. Why? Because sated care, keeping them from flooding care that so many States are burdened Mr. PRICE held nothing but his own our hospitals, and putting them on a with and so much of our Federal dol- views about this before coming to our system that is working for our Nation lars are going to be burdened with in committee. to cover people who need to have an op- the future. When we asked repeatedly what tion. We also tried to discuss with him an- would he endorse as it related to the Now, I say ‘‘option.’’ Why? Because other incredible idea from the Afford- reforms in the Affordable Care Act that Medicaid itself is an optional program. able Care Act; that is, the Basic Health are saving Americans money, that are States don’t have to participate. But Plan: the idea that customers should clearly working for Americans, he guess what. Every State in this coun- be able to buy in bulk. I call it the failed to make a commitment. So my try does participate. In fact, in Wash- Costco plan, because everybody knows newspaper in Washington State, the ington State, we know that Medicaid that when you buy in bulk, you are Seattle Times, has said: ‘‘President- reduces, as I said, infant mortality. It going to get a discount. elect Donald Trump and his nominee helps with long-term health care, and But beyond the Medicaid eligibility for U.S. Secretary of Health and it is helping us make sure we are be- level, so much of what Americans have Human Services have doubled down on coming more efficient in our delivery not been able to do is to buy in bulk. Republican promises to scuttle the Af- system. So part of the Affordable Care Act said fordable Care Act (ACA).’’ So in Washington, we expanded Med- that you could buy in bulk as a State So that is not what I want. That is icaid and covered 600,000 additional and give a benefit. not what I am going to vote for in the Washingtonians, most of whom were What is the outcome of that? Well, the State of New York is using the nomination of Mr. PRICE. If Mr. PRICE previously insured. It helped us reduce had given us a little bit of an inkling of our uninsured rate by 60 percent, to Basic Health Plan and has signed up his desire to work across the aisle on less than 6 percent; that is, 6 percent of more than a half million people under what is working in the Affordable Care Washingtonians are now not with a that plan. Right now, a family of four in New Act, what is working in Medicaid ex- health insurance program. York making about $37,000 a year, if pansion, what is working to help save So why am I so concerned about this? they were buying just on the exchange, Americans dollars on their health care, Because in the Affordable Care Act, re- might have to pay $1,500 in annual pre- it would be a different discussion here. forms are working. We would like a miums, with tax credits. Because of the But Mr. PRICE has put forth a budget in nominee who would at least address Basic Health Plan, they are paying and agree that those things are work- the House of Representatives that about $250 per year in premiums. That ing. For example, as I just mentioned, would cut Medicaid by one-third within is a savings of over $1,000 per year for because the Medicaid population and 10 years. His budget cuts $1 trillion those families. This is an important from States over a 10-year period of long-term care costs are rising, and the program. Why? Because those in the time. number of people are living longer, delivery system have certainty that So this philosophy has raised a lot of they are going to drive a huge balloon they are going to see those patients, concerns by my colleagues here. We into our Medicaid budget. So we came just as Costco, when they buy in bulk had no other choice but to look at his up with an idea of saying: You should for so many Americans across the record since he would not give us any ‘‘rebalance’’ from nursing home care to country, knows that Americans are answers on these programs. His record community-based care. going to shop there and take advantage clearly shows that he has actively and Why? Because people would like to of the discount that they were able to aggressively worked to cap Medicaid live in their homes longer, because we negotiate, and it works for everyone. with a block-grant program; trade can deliver more affordable care that The producers know they will have vol- away Medicare’s guarantees with a way. It is better for the patient, and it ume, the customer knows they will get voucher, instead; defund Planned Par- is better for our health care delivery the best price, and more people are cov- enthood; and switch guaranteed bene- system. So what did we do? We put in- ered. fits for a fixed tax credit that would centives into the Affordable Care Act The fact that New York has used the steadily buy less and less and less and to give the patients a cheaper, more af- Basic Health Plan, as well as Min- become more of a standard of actually fordable way to stay in their homes nesota, has shown us that these kinds giving Americans less health care. and get long-term care. of expansions of Medicaid—and pro- Why is this so important? The reality It is really amazing to me how many grams like the Basic Health Plan that is that 7 percent of Americans get their States in our Union took up the oppor- exist just above the Medicaid eligi- health insurance through the indi- tunity to participate in this program: bility rate—work successfully for us vidual health insurance market, and Arkansas, Connecticut, Georgia, Indi- and are the types of things we wish Mr. that while people talk about the ex- ana, Iowa, Kentucky, Louisiana, Mary- PRICE would endorse. But, again, he changes, the expansion of Medicaid, land, Mississippi, Missouri, New Hamp- failed to endorse these kinds of things. which so many States took advantage shire, New Jersey, New York, Texas, Il- What he has said, instead, is that he of, is a critical program. Nationally, linois, Maine, Ohio, Nevada, Massachu- wants to cap these programs, which is nearly half of pregnant women depend setts, Nebraska, and Pennsylvania. not an improvement to the system but on Medicaid for prenatal and postnatal All of those States decided to use almost a truncating of the cost. In my care to ensure healthy pregnancies. this part of the Affordable Care Act be- mind, it is like a surgeon going into Medicaid covers 64 percent of nursing cause they agreed in philosophy that surgery but instead of taking a scalpel, home residents and is the largest payer taking this population and rebalancing he is taking an ax. for long-term care. Many Americans in would save dollars in Medicaid, give Given what the people of Washington the United States are now going into people better health care choices, and State have done successfully in driving nursing homes because they can’t af- save us money overall. In fact, the down health care costs and improving ford to save for retirement. Medicaid is State of Georgia received $57 million outcomes, I am not willing to take a critically important. In hospitals from the Affordable Care Act to do this risk on somebody who will not take a across the Nation, one in two births are and has been able to shift 10 percent of risk and say that these programs are financed by Medicaid. Medicaid insur- its long-term care costs from nursing working successfully.

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.016 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S987 I hope our colleagues will listen to preme Court was a very important Acting Associate Attorney General. these concerns. This is the first vote in issue tripled between 2008 and 2016. The His qualifications for the U.S. Court of the dismantling of the Affordable Care issue was always when, not whether, Appeals were so obvious that the Sen- Act. It is the first opportunity we have the Senate would consider a nominee ate confirmed him in 2006 without even to say: Either tell us what is working to fill the Scalia vacancy. a roll call vote. or tell us what you are for. Plunging into a divisive, ideological Let me put that into perspective. But on Mr. PRICE, all we have is his confirmation battle in the middle of a During the 4 years that Republicans record. And I hate to say, his record, by confrontational and ugly Presidential were back in the majority, 2003 to 2006, capping and desiring to cut Medicaid campaign would have done more harm the Senate took roll call votes on 86 and Medicare, is not the direction our than good to the judiciary, the Senate, percent of judicial nominations. Demo- country needs to go. and the country. We were right to crats were demanding roll call votes Mr. President, I yield the floor. avoid such damage and, as a result, even when, as happened 82 percent of The PRESIDING OFFICER. The today we can focus properly on the ap- the time, the nominations were unop- President pro tempore. pointment of Justice Scalia’s suc- posed. In other words, it was a very NOMINATION OF NEIL GORSUCH cessor. rare exception for a judicial nomina- Mr. HATCH. Mr. President, I rise to Democrats and their left-leaning al- tion to be confirmed without a roll call speak about two of President Trump’s lies, however, sound as though they vote at all. That is how self-evidently nominees. I will first address Nominee exist in some kind of parallel universe. qualified this nominee was for the ap- Gorsuch to the Supreme Court. Then I In editorials since the election, for ex- peals court. will discuss the nomination of TOM ample, the New York Times claims In 11 years on the appellate bench, he PRICE to be Secretary of Health and that Republicans stole this Supreme has authored hundreds of majority or Human Services, which is currently Court seat from President Obama. separate opinions, many of which have pending before the Senate. I am sure they are in denial about been widely praised. There is no ques- Last week, President Trump nomi- the election results, and some observ- tion that Judge Gorsuch has the legal nated U.S. Circuit Judge Neil Gorsuch ers have called this bizarre fiction sour experience to serve on the Supreme to fill the vacancy left by the death of grapes. I think that gives sour grapes a Court. Supreme Court Justice Antonin Scalia. bad name, between you and me. As I have said many times, the con- I want to address both the process and No judicial position, including the flict over judicial appointments is real- the substance of what lies ahead for Supreme Court seat occupied by Jus- ly a conflict over judicial power. The the Senate. tice Scalia, belongs to any President. more important qualification for judi- The Constitution gives to the Presi- President Obama exercised the power cial service, therefore, is a nominee’s dent the power to nominate and, sub- that the Constitution gives him by judicial philosophy, or his or her un- ject to the Senate’s advice and consent, nominating someone to that vacancy. derstanding of the power and proper the power to appoint judges. The first The Senate exercised the power that role of judges in our system of govern- step in the Senate exercising its power the Constitution separately gives us by ment—in other words, the kind of Jus- of advice and consent is to decide the not granting consent to that nomina- tice he will be. best way to handle a nomination made tion. Federal judges have two basic tasks. by the President. I have news for my Democratic col- They can perform those tasks in two The Constitution does not mandate a leagues: Not getting your way does not basic ways. Their tasks are to interpret one-size-fits-all process. In fact, the mean that anyone stole anything; it and apply the law to decide cases. They Senate has handled the Supreme Court just means that you did not get your can perform those tasks impartially or nominations in at least a dozen dif- way. politically. ferent ways. When Chairman Biden refused to give Nearly 1 year ago, shortly after Jus- a hearing to more than 50 judicial An impartial judge interprets stat- tice Scalia’s death, I explained on the nominees during the 103rd Congress—a utes and the Constitution to mean Senate floor the two reasons the next record, by the way, that still stands— what they already mean, while the po- President should choose his replace- the New York Times never said that litical judge interprets them to mean ment. First, the circumstances and those seats were being stolen from what he wants them to mean. When an timing of the Scalia vacancy supported President Bush. impartial judge applies the law, he de- separating the confirmation process When Democrats blocked a confirma- liberately excludes his own views and from the Presidential election season, tion vote 20 times during the 108th does not put his thumb on the scale to which was a hard-fought Presidential Congress, the Times never accused make sure the results of the case ben- election. Democrats of theft but was right there efit a particular party or group. When he chaired the Judiciary Com- egging them on. The political judge accepts, and even mittee in 1992, then-Senator Joe Biden Republicans last year decided to embraces, that his background and bi- urged the Senate not to consider a Su- defer the confirmation process without ases shape his decisions and considers preme Court nomination in that Presi- knowing who would win the election. how individual decisions will affect dential election year. Each of his four Democrats this year are objecting be- other parties, groups, or issues. reasons applied, with even greater cause of who won the election, even Our system of government, and the force, to the circumstances we faced though at the time, it looked as though liberty it makes possible, requires im- last year. Hillary Clinton was a sure winner. partial judges in all cases. Second, I said that elections have I think we should stop the nonsense In his farewell address in 1796, Presi- consequences. The American people and act like grownups because we have dent George Washington said that the were increasingly concerned about the work to do. heart of our system of government is illegal and unconstitutional actions of Turning to that work, the task before the right of the people to control the the Obama administration, actions us is to determine whether Judge Neil Constitution. One of his original Su- that the courts struck down dozens of Gorsuch is qualified to serve as an As- preme Court Justices, James Wilson, times. sociate Justice of the Supreme Court. described our system of government by The two Presidential candidates last Qualifications for judicial service in- saying that here, the people are mas- year represented very different ideas clude both legal experience and judicial ters of the government. Our liberty can about the power and proper role of philosophy, and I believe we should be secure only if the people control the judges in our system of government. look at a nominee’s entire record for Constitution, only if the people remain The American people, therefore, had a evidence of these qualifications. masters of the government. That can- unique opportunity to address the fu- Judge Gorsuch’s legal experience is not happen if judges control the Con- ture course of the judiciary in general well documented and widely acknowl- stitution because then, government and the Supreme Court in particular. edged. Judge Gorsuch clerked for two will be the master of the people. That Not surprisingly, the percentage of Supreme Court Justices, spent a decade is why the kind of judge Presidents ap- American voters who said that the Su- in private practice, and then served as point is so important. Impartial judges

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One of the most obvious places to they might wish it to be in light of ter of the Constitution or of the people. look is in the opinions he has been their own political views, always with He is, instead, an impartial judge, the writing for more than a decade. Last an eye on the outcome.’’ kind who follows rather than controls year, for example, the Tenth Circuit Some Senators and liberal groups the law. He will be the kind of Justice had to decide whether to use the Con- have already stated that they oppose that America needs on the Supreme stitution to create new categories of this nomination. Perhaps they think Court. lawsuits against law enforcement offi- judges should be in the business of pro- Mr. HATCH. I thank you, Madam cers. Judge Gorsuch agreed that the nouncing the law as they might wish it President. courts should resist doing so and to be in light of their own political The PRESIDING OFFICER (Mrs. wrote: views. FISCHER). The Senator from Nebraska. Ours is the job of interpreting the Con- Judge Gorsuch said in his lecture Mr. SASSE. Madam President, I stitution. And that document isn’t some that the task of a judge is to interpret would like to thank the Senator from inkblot on which litigants may project their and apply the law rather than, as he Washington State and the Senator hopes and dreams . . . but a carefully drafted put it, ‘‘to amend or revise the law in from Michigan for allowing me to text judges are charged with applying ac- some novel way.’’ Perhaps his critics sneak in here quickly. cording to its original public meaning. believe the opposite, that judges actu- I thank the Senator from Utah for In other words, the Constitution is ally do have the power to amend and his comments. not a blank check a judge may write to revise the law in novel ways. Mr. HATCH. I still have one more whomever, and for whatever amount, Last year, Judge Gorsuch echoed speech to give. they like. It is not a shape-shifting America’s Founders in saying that the Mr. SASSE. I yield to the chairman blob that judges can manipulate into power of the legislative branch to of the committee. whatever they want it to be. make law and the power of the judicial Mr. HATCH. I will try to make this In this view, Judge Gorsuch was branch to interpret law should be kept very brief. merely echoing America’s Founders. separate and distinct. Confusing them, The PRESIDING OFFICER. The Thomas Jefferson, for example, argued he said, would be a grave threat to our President pro tempore. that if the Constitution means what- values of personal liberty and equal Mr. HATCH. Madam President, I ever judges say it means, the Constitu- protection. Perhaps his critics believe would like to turn to the business cur- tion will become ‘‘a mere thing of wax it does not matter whether judges rently before the Senate and express in the hands of the judiciary, which make or interpret the law. my support for the nomination of Rep- they may twist and shape into any Last year, Judge Gorsuch said that resentative TOM PRICE to be the Sec- form they please.’’ judges must ‘‘assiduously seek to avoid retary of Health and Human Services He was right. The Constitution, after the temptation to secure results they at this critical juncture. all, is the primary way the people set prefer.’’ What the law demands, he HHS encompasses an extremely large rules for government, including for the said, is more important than the and diverse set of agencies, including judiciary. If the people are to remain judge’s policy preferences. Perhaps his the Centers for Medicare and Medicaid masters of the government, they must critics think judges should give in to Services, the Centers for Disease Con- remain masters of the Constitution, that temptation, putting their pre- trol and Prevention, the National In- and that includes not only what it says ferred results ahead of what the law de- stitutes of Health, and the Food and but also what the Constitution means. mands? Drug Administration, just to name a Impartial judges take statutes and The more we find out about Judge few. All told, its annual budget is more the Constitution as they are, not for Gorsuch and his judicial philosophy, than $1 trillion—that is trillion with a what they say but also for what they the more we should ask what his oppo- ‘‘t.’’ mean. nents and critics really find so objec- The various programs and agencies Political judges act as if the people tionable. If Democrats and their left- that fall under HHS’s purview have an and their elected representatives estab- wing allies believe that judges, rather enormous impact on our Nation’s fiscal lished a Constitution or enacted stat- than the people, should control the and economic outlook. I am not exag- utes that are merely collections of Constitution, they should come right gerating when I say that HHS affects words with no meaning until judges fill out and say so. If they believe that the the daily lives of more American tax- in those blanks. Judge Gorsuch is an political ends justify the judicial payers than any other part of the Fed- impartial judge. Anybody looking at means, that judges may manipulate eral Government. the record has to know that. He knows the law to produce politically correct Management of all these agencies is that he is to interpret but cannot make results, then they should be honest not for the faint of heart. Once con- the law. He knows that the Constitu- about it and defend that radical idea to firmed, Dr. PRICE will have his work tion must control judges, not the other the American people. cut out for him, but I believe he is way around. As I close, I want to offer some wis- more than up to the challenge. He has Last year, Judge Gorsuch delivered a proven that over the years. dom from DANIEL WEBSTER, who served lecture about Justice Scalia’s legacy at in the House and Senate and twice as Dr. PRICE has extensive insight into Case Western University School of Secretary of State under three dif- our Nation’s health care system, hav- Law. In that lecture, Judge Gorsuch ferent Presidents. In a speech on March ing practiced medicine for two decades embraced a defined judicial philosophy 15, 1837, he said: in a variety of settings. That experi- and made clear the kind of judge that ence has informed his years of service he is. Good intentions will always be pleaded for in the House of Representatives, which every assumption of authority. It is hardly I referred to this lecture in my re- too strong to say that the Constitution was included a tenure as chairman of the marks last week, and this week I sent made to guard the people against the dan- House Budget Committee and in the it to each of my colleagues on both gers of good intentions. There are men in all leadership in the Ways and Means Com- sides of the aisle. I truly hope each and ages who mean to govern well, but they mittee. every Member of this body will read it mean to govern. They promise to be good While many who come to Washington carefully because it helps answer the masters, but they mean to be masters. are content to sit back and talk about most important question before us in Well, there are also judges who mean our Nation’s problems, Dr. PRICE has exercising our power of advice and con- to be good masters, but they do indeed always sought to find solutions. At a sent: What kind of Justice will this mean to be masters. They mean to gov- time when our health care system is in nominee be? ern well, but they do mean to govern. distress, I believe Dr. PRICE will put his

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.019 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S989 vast experience to good use and be de- nominees has historically operated on fact, as private placement investments cisive in not only working with Con- an assumption of good faith, both on go, this one appears to be fairly gress to find solutions but imple- the part of the nominee and the mem- unremarkable, unless, of course, you menting them as well. bers of the committee. The fact that just assume without evidence that My view on his qualifications is my colleagues on the committee, in there simply had to be something fishy shared by a great number of people, in- many respects, have decided to cast all going on—an assumption that I don’t cluding many who see the problems in that aside in recent weeks is not evi- think could be made. our health care system up close. For dence of wrongdoing on the part of Dr. Put simply, this investment arrange- example, former HHS Secretaries Mike PRICE. ment was a perfectly normal, common- Leavitt and Tommie Thompson enthu- When the overblown claims about his place affair. There is certainly no evi- siastically support his nomination. disclosures failed to gain traction, my dence to suggest that there was any in- Major stakeholder organizations, in- colleagues on the other side turned sider trading, as some of my colleagues cluding the American Medical Associa- their focus to a particular investment have alleged. tion, the American Hospital Associa- in an Australian biomed company in On top of that, Dr. PRICE’s state- tion, most surgical specialty groups, 2015. Their claim: Dr. PRICE received a ments before the Finance Committee, and others, also support him. In their ‘‘sweetheart deal’’ from the company despite many claims to the contrary, letter of support, the Health Care which allowed him to purchase stock appear to be truthful unless you simply Leadership Council, which represents a at a discounted price. They also argue want to assume without evidence that wide range of health care providers, that he lied during his confirmation he has to be lying. What a situation said that ‘‘it is difficult to imagine hearing when he said he paid the same that our colleagues try to put this good anyone more capable of serving his na- price for the stock as everyone else at man in. It is disreputable, in my opin- tion as the Secretary of HHS than Con- that time. ion. gressman TOM PRICE.’’ I couldn’t have Now, my colleagues would have ev- By all accounts, Dr. PRICE purchased said it better myself. eryone believe that private placement the Innate stock at the same price of- Of course, none of this seems to mat- investment arrangements are inher- fered to all other participants in the ter to some of my colleagues on the ently shady and nefarious. Let’s just private placement which, by the way, other side. They aren’t coming to the get that out of the way right now. Pri- also included a few thousand investors floor to criticize Dr. PRICE’s abilities or vate placements are a commonplace from Australia and New Zealand. That qualifications; instead, most of what and appropriate means for companies is what he told the committee and we have heard for weeks now is focused to raise— that, by all appearances, is the truth. on a vague patchwork of allegations of Madam President, let me yield the We certainly haven’t seen any evidence ethical impropriety on the part of the floor to Senator SCOTT. to the contrary. Sure, my colleagues nominee. The PRESIDING OFFICER. The Sen- on the other side have thrown a lot of I have participated in quite a few ator from South Carolina. dots on the wall, apparently hoping confirmation debates during my time Mr. SCOTT. Madam President, I yield they can create a cloudy impression in the Senate, and even over this agen- 30 minutes of my time during the de- that something nefarious just had to be cy. One thing I have learned is that if bate of Congressman PRICE to Senator going on with this investment, even the opponents of a particular nomina- HATCH. though they haven’t come close to con- tion keep moving their focus from one The PRESIDING OFFICER. The Sen- necting any of the dots. They have set of allegations to another, more ator has that right. parsed words, they have divined alter- often than not, they don’t have a leg to Mr. HATCH. I sure appreciate my native meanings behind the nominee’s stand on. That is very much the case colleague because I have run out of statements. But let me be clear, no one with regard to the attacks that have time here and I still have things to say. has produced any credible evidence of been hurled at Dr. PRICE. Mr. SCOTT. Yes, sir. wrongdoing on the part of Dr. PRICE. First, we heard about supposed con- The PRESIDING OFFICER. The Those of us who know him know that flicts of interest in his finances, until President pro tempore. he never did any wrongdoing and, it was pretty clear that Dr. PRICE had Mr. HATCH. Well, let me just go frankly, never intended to do anything followed all the required ethical guide- back. that was wrong. lines and disclosure requirements of Let’s just get that out of the way That being the case, it is utterly the House. right now. Private placements are a shameful that my colleagues would go After that, he was accused of lying to commonplace and appropriate means to such elaborate lengths in order to the Senate Finance Committee during for companies to raise additional cap- malign not only a nominee for a Cabi- our vetting process because he had to ital from a small number of investors. net position but a sitting Member of file an amended disclosure to include I know because I used to practice law the U.S. Congress. There ought to be some mistaken omissions. Of course, and I did a number of private place- some courtesy here, and I am kind of this is not altogether an uncommon oc- ments in my experience. shocked that there isn’t. Of course, we currence, particularly given the fact The facts in this matter are rel- went through a fairly ugly episode the that the Finance Committee’s vetting atively simple: The Australian com- other night about the same issue, process is uniquely exhaustive. It hap- pany, Innate Immunotherapeutics, had though that one hit a little closer to pens in almost every case where you a relatively small number of U.S. in- home as the nominee under attack was have people who have had a com- vestors at the time. It is my under- a fellow Senator. plicated life or work life. Furthermore, standing that all of the investors who I don’t want to rehash that argument he was asked about this during his con- had participated in a previous share of- here today. Instead, I will say this. I firmation hearing, and his answers fering were offered an opportunity to know some people like to fight around were reasonable, and I haven’t heard purchase additional stock as part of a here. For some, it seems the fighting is anyone credibly argue that he was in- private placement arrangement. Dr. half the reason they are here to begin tentionally trying to mislead the com- PRICE purchased additional stock at with, and neither party is blameless in mittee. the price that was offered to all the in- that regard. Do you know what? If my I will set aside the fact that the par- vestors in that group. colleagues wanted to have a fierce and ticulars of Dr. PRICE’s disclosures to Once again, private placements are lively debate about this nominee’s the Finance Committee—information commonplace investments, not nefar- qualifications or his views on policy, I which is typically kept private among ious conspiracies that some of our col- welcome that debate. He is a tremen- members and staff—were apparently leagues would have us believe. And I dous human being, a tremendous doc- managed and embellished in order to can certainly testify to that. According tor, with all kinds of experience, and create and reinforce a partisan nar- to all the available details, this par- has been a wonderful Member of the rative with the media. Instead, I will ticular investment was in compliance House of Representatives for both par- simply say that the Finance Commit- with all of the laws and regulations ties—as a Republican. If they want to tee’s bipartisan vetting process for that govern those types of deals. In fairly debate his record as a legislator

VerDate Sep 11 2014 01:57 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.021 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S990 CONGRESSIONAL RECORD — SENATE February 9, 2017 and a public servant, I am game. I will spend the effort to take this very and future retirees by refusing to con- be glad to do it with them, but to thankless, very difficult job—and to firm any HHS nominee who is not fully throw accusations at a congressional leave Congress in the process. I suspect committed to protecting our seniors colleague, and even go so far to accuse he will be confirmed in short order. and ensuring they have the health care him—without evidence—of criminal Once again, I do urge my colleagues they need. We need a Secretary who wrongdoing is, in my view, beneath the to vote with me to confirm Representa- wakes up every morning thinking dignity of the Senate. tive PRICE. I really believe we ought to about how to provide the best care pos- That is precisely what has happened get past this is picayune stuff that has sible to as many Americans as possible to Dr. PRICE. Ultimately, my col- been going on, on the floor. We ought and as affordably as possible. leagues’ specious arguments and their to get past that and truly, truly sup- I am concerned that Representative desperate attempt to block Dr. PRICE’s port a good man from the other body PRICE sees our health care system as a confirmation would all seem far more who we all know is honest and decent profit center, a profit center for special sincere if he were the one nominee or and allow him to see what he can do to interests and a profit center for him- even one in a small handful of nomi- straighten out this tremendously com- self. He has proposed dangerous plans nees they deemed unfit to serve, but plex Department of Health and Human to end critical investments that make that is not what is happening. Services. our health care system better so he can My colleagues on the other side have Madam President, I yield the floor. give large tax breaks to some of his appeared to be apoplectic about almost The PRESIDING OFFICER. The Sen- wealthy friends. every single nominee we have had be- ator from Michigan. The American people should be con- fore us. The confirmation of any of Mr. PETERS. Madam President, I fident that the men and women leading President Trump’s Cabinet nominees, rise in defense of Michigan seniors and Federal agencies are thinking about it seems, will bring about untold de- working families and to speak on the the bottom line of taxpayers and not struction, the likes of which America nomination of Representative TOM themselves. We must be faithful stew- has never seen. PRICE to be Secretary of Health and ards of taxpayer dollars. I wish to re- With so many of these nominations, Human Services. As a Member of this mind my colleagues that Medicare and the entire process has been wrought body, it is my duty to only support a Medicaid spend far less on overhead with fever-pitched arguments, accusa- nominee for this position if I trust that and operations than private insurance. I would also like to remind my col- tions, and apocalyptic visions of a fu- he or she will put the health and leagues that the Republican budget ture world gone mad. We hear it in wellness of American families first. plan that includes repealing the Afford- committee. We are hearing it on the Representative PRICE has failed to able Care Act would increase our na- floor. Then the Senate votes, the nomi- convince me that he will do this. As a tional debt by upward of $9 trillion nees are confirmed, and my colleagues doctor, he should be familiar with the over the next decade. Yes, that is tril- immediately switch gears to do the Hippocratic Oath. Reciting this oath is lion with a ‘‘t.’’ We must continue ef- very same thing with the next nomina- a rite of passage for our physicians and forts to cut waste and inefficiencies tion. Some of them even switch gears our Nation and across the globe. While across the Federal Government, espe- and come up to the nominee with it is known most widely for its over- smiles on their faces and congratulate cially in health care. Increasing effi- arching message of ‘‘do no harm,’’ I ciencies allows us to invest in what him or her. wish to recite a passage from the mod- One can only wonder how so many works. ern version of the Hippocratic Oath Medicare and Social Security are two Senators can keep their outrage set- that should resonate with all of us. It of the most popular Federal programs tings turned to 11 without getting com- reads: ever created, and they are popular for a pletely exhausted around here. I expect I will remember that I do not treat a fever reason. They work. They work for sen- they are able to do so because their chart—a cancerous growth—but a sick iors, they work for the disabled, they outrage is more show than anything human being—whose illness may affect the work for orphans, and we should too. else. Indeed, I suspect that the outrage person’s family and economic stability. My When I hear from Representative that has been on display has less to do responsibility includes these related problems, if I am to care adequately for the sick. PRICE that he wants to fundamentally with the particular nominees and more change Medicare and Medicaid and im- to do with a longer term political agen- We should all heed these words. plement health care reforms that will da. In service of that partisan agenda, Health care is deeply personal. Some of limit care for American families, this my colleagues appear to be more than the most important decisions Ameri- is something I cannot and will never willing to cast aside the traditions, re- cans will ever make will be with the support. spect, and assumptions of good faith advice of their loved ones and their Representative PRICE has introduced that have long been the hallmark of doctor. proposals to cut over $1 trillion from the Senate confirmation process and of Health care affects our families and Medicaid that will jeopardize care for the Senate itself. the economic stability of our families. millions of low-income working Ameri- I am very concerned with the way Quality, affordable health care can lit- cans, senior citizens that require long- this has gone on here. I am concerned erally be the difference between life term care in nursing homes and indi- with the way my colleagues are treat- and death. A Medicare system that viduals with disabilities. This is not a ing another respected colleague from works for seniors can be the difference vision of America that I see, and it is the House. We have seen it in com- between a retirement with dignity and not one I can possibly support. mittee. We are seeing it on the floor. In having to spend their golden years in We need to find a bipartisan path for- my view, it is a tragic shame. poverty. ward. We need to invest in prevention, The bottom line is, Dr. PRICE is, by When it comes to our Nation’s sen- increased efficiencies, embrace tech- any reasonable objective standard, iors, Congressman PRICE has crafted nologies like telemedicine, and capture qualified to serve as HHS Secretary. extremely dangerous proposals that the full potential of promising medical Some people would say he is qualified would end Medicare as we know it. He research, like precision medicine, to just because he has made it all the way has introduced legislation that would yield better care and at lower costs. We to Congress and he ought to be treated turn Medicare into a voucher system, need to make it easier for small busi- with equal respect, but I will not even increase the eligibility age for seniors ness owners who want to do right by go that far. I will just say, by any rea- to enroll in the program, and lead to their employees to provide them with sonable and objective standard, he is increased drug costs. coverage. We can strengthen our health qualified to serve as HHS Secretary. Our Nation’s seniors worked hard care system without cutting the qual- There is nothing in his past record or their entire lives and they deserve a ity of care by investing in common- statements that disqualifies him to dignified retirement—not higher drug sense changes to save money. For ex- serve in that capacity. In a better costs or a voucher that could be worth ample, Medicare spends $1 out of every world, he would be confirmed already. less each and every year, putting a sig- $3 on diabetes treatment. While the People would be shouting hooray that nificant strain on their fixed budget. total economic cost of diabetes is esti- this good man will take the time and We must honor our promises to current mated to be $245 billion per year, I have

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.022 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S991 introduced bipartisan legislation that In New Hampshire we have thousands a bill that would alter the rec- allows Medicare to enroll individuals of women who rely on Planned Parent- ommended medical training for obstet- at risk for developing diabetes into hood as their only source of health rics and gynecology by preventing medical nutrition therapy services care. Congressman PRICE is determined grant funding from being used to train proven to decrease the likelihood they to make billions of dollars in cuts to medical students on how to safely per- will develop diabetes. the Medicaid program, which would form the abortion procedure. I have also introduced bipartisan leg- jeopardize the health of some of our The policies advocated by Represent- islation that expands Medicare’s use of most vulnerable citizens, including ative PRICE would have profoundly neg- telemedicine, increasing access for pa- millions of children living in poverty ative impacts on the health and well- tients in rural and underserved com- and millions of seniors living in nurs- being of the people in my State of New munities, and bringing down future ing home care. Hampshire. Repeal of the Affordable health care costs by ensuring patients I am especially troubled by the Care Act would have devastating ef- get the preventive care they need to threat that Representative PRICE poses fects on people in New Hampshire. stay healthy. to women’s health. I urge my col- Some 120,000 Granite Staters—nearly 1 Instead of focusing on these critical leagues to listen to the millions of in 10 people in New Hampshire—have challenges or sensible solutions, Rep- women across America who marched enrolled in health care coverage thanks resentative PRICE wants to move us last month in opposition to the policies to the Affordable Care Act, thanks to backward and push policies that could of the Trump administration and Con- ObamaCare. That is an enormous step leave 30 million Americans without gressman PRICE. Those of us who forward for the health and well-being health insurance. marched on that day had a simple and of the people of my State. Yet Dr. We can’t look at this as simple budg- powerful message: We will not be PRICE is determined to destroy that etary math, we are talking about 30 dragged backward. We will not allow progress. Indeed, he seems to have no million of our friends, family members, the Trump administration to take higher priority than to terminate and neighbors, including over 800,000 away our constitutional rights and to health coverage for millions of people Michiganders—Michiganders who could interfere with our deeply personal across this country. once again face bankruptcy and loss of health care choices. Yet Dr. PRICE’s ex- Make no mistake. Repeal of the Af- their economic security just because treme policies would do exactly that. fordable Care Act would destroy much they get sick. They would drastically undermine of the progress we have made in New We live in a nation where historically women’s access to health care, and Hampshire and in other States to fight the No. 1 cause of personal bankruptcy they would turn back the clock on the heroin and opioid epidemic. Across has been medical debt. That is simply women’s reproductive health and this country, more people are now unacceptable in this great country of rights. killed by drug overdoses than by traffic ours. Whether we are policymakers or Representative PRICE has spent his accidents. There were more than 52,000 physicians, we should adhere to the entire congressional career authoring, overdose deaths in 2015. But statistics central tenet of the Hippocratic Oath sponsoring, and voting for legislation can’t fully capture the profound human of ‘‘do no harm.’’ that would put women’s health at risk. toll. It is not only the thousands of in- Our Nation’s seniors, children, and He cosponsored and voted 10 times— dividual lives that have been de- all hard-working Americans deserve a 10—to defund Planned Parenthood, re- stroyed. Entire communities are being Secretary of Health and Human Serv- peatedly championing slashing funding devastated. ices who will, at the very least, do no and access for family planning serv- In dozens of visits to New Hampshire harm. Representative PRICE is not that ices. If we want to cut down on unin- during his campaign, President Trump person. tended pregnancies and abortions in pledged aggressive action to combat It is for this reason that I have de- this country, we need to give families the opioid crisis. Keeping that promise cided I will vote against his nomina- access to family planning services. is a matter of life and death. Make no tion for the Secretary of Health and If Congressman PRICE succeeds in mistake. Representative PRICE’s deter- Human Services. I urge all of my col- making good on this threat as Sec- mination to repeal the Affordable Care leagues to do the same. retary of Health and Human Services, Act has put millions of Americans at I yield the floor. it would result in 1.5 million Medicaid risk. The PRESIDING OFFICER. The Sen- patients losing the ability to see the I am especially concerned that repeal ator from New Hampshire. family planning provider of their would abruptly end treatment for thou- Mrs. SHAHEEN. Madam President, I choice. sands of Granite Staters fighting addic- come to the floor this afternoon to an- As Senator PETERS said, Congress- tion. The Affordable Care Act, and nounce I will be voting against Con- man PRICE does not support the Afford- Medicaid expansion in particular— gressman PRICE to be the Secretary of able Care Act and the requirement in what we call in New Hampshire our the Department of Health and Human the Affordable Care Act that women New Hampshire Health Protection Services. Despite some of the remarks have access to FDA-approved methods Plan—which has bipartisan support people have expressed, I feel passion- of contraception with no out-of-pocket from then-Governor, now-Senator ately about the fact that he is the costs. Indeed, he rejects the very idea MAGGIE HASSAN and the Republican wrong person to serve in that job. I that women should obtain birth con- legislature, has been a critical tool in have heard from a remarkable number trol with no out-of-pocket costs. He combating the opioid epidemic. More of my constituents who also believe he said: than 48,000 Medicaid claims were sub- is the wrong person for the job. Bring me one woman who has been left be- mitted in New Hampshire for substance Congressman PRICE is an outspoken hind. Bring me one. There’s not one. use disorder services in 2015. advocate for repealing the Affordable Well, that statement is not only Having traveled across our State in Care Act, which would cause up to 30 wrong, but it is arrogant, and it is the past year, visiting treatment cen- million Americans to lose their health gravely out of touch with reality. ters and meeting with individuals insurance and put at risk the lives of Throughout his career in Congress, struggling with substance use dis- thousands of people in New Hampshire Dr. PRICE has been a zealous advocate orders, I am convinced that TOM and across America who rely on the Af- of restricting women’s access to con- PRICE’s plan to repeal the Affordable fordable Care Act—or ObamaCare—for traception and abolishing our constitu- Care Act would mean that thousands of treatment of substance abuse dis- tionally protected reproductive rights. Granite Staters would lose access to orders. He is a rampant supporter of He has cosponsored an ‘‘extreme treatment, with devastating con- defunding Planned Parenthood and de- personhood’’ bill—so-called—that sequences because right now, even as nying women our reproductive rights. would establish that life begins at con- we are beginning to ramp up treat- If he defunds Planned Parenthood, it ception, and he supported a bill to ban ment, we have the second highest over- would mean that women would lose ac- abortion after 20 weeks, despite the Su- dose rate in the country. cess to contraceptive services and can- preme Court’s rulings that similar bills We need a Secretary of the Depart- cer screenings. are unconstitutional. He even voted for ment of Health and Human Services

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.023 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S992 CONGRESSIONAL RECORD — SENATE February 9, 2017 who will respect women’s health care in the wrong direction. He has advo- Well, I couldn’t disagree more. choices and our constitutional rights cated for defunding Planned Parent- In addition, I am deeply concerned and who will defend the enormous hood, our country’s largest provider of about Congressman PRICE’s extreme progress we have made, thanks to the women’s health care, time and again. approach to key public health chal- Affordable Care Act and the expansion He has been determined, since the lenges, including his history of oppos- of Medicaid. Representative PRICE is start, to dismantle the Affordable Care ing regulations to keep tobacco compa- the wrong person for this critically im- Act, which has really helped millions nies from luring children into addic- portant position in our Federal Gov- of women gain coverage and essential tion. ernment, and I will vote against his benefits. Especially given his back- In fact, it is hard to imagine who in confirmation. ground in medicine, he has displayed a America would be better off under Con- I yield the floor. shocking lack of understanding when it gressman PRICE’s leadership at HHS— The PRESIDING OFFICER. The Sen- comes to the need for continued work certainly not women who can no longer ator from Washington. to help women access birth control. He be charged more than men for the same Mrs. MURRAY. Madam President, even suggested there ‘‘was not one’’ health care; children or their families before I begin, I wish to note my dis- woman who couldn’t afford contracep- who get peace of mind from having cov- appointment about how rushed the tion. erage through the exchanges or Med- consideration of this nominee has been. Well, I have certainly heard the oppo- icaid; workers who know they can still Calls for a thorough investigation into site. I know for a fact now that Con- get coverage, even if they find them- Congressman PRICE’s ethically ques- gressman PRICE has, too, because I selves between jobs; communities that tionable and potentially illegal health made sure to tell him about my con- count on public health protection; or trades have been ignored. stituent Shannon in our hearing. seniors who shouldn’t have to pay more Hundreds of questions HELP Com- Shannon has endometriosis and for prescription drugs or worry about mittee Democrats asked Congressman would have struggled to afford contra- what the future holds for Medicare. All in all, Congressman PRICE’s vi- PRICE as part of the official committee ception, which is often used to treat sion for our health care system is, to process have gone unanswered, and the that condition, were it not for Planned me, disturbingly at odds with the needs vote to advance Congressman PRICE’s Parenthood. How can a Secretary of Health and Human Services, who won’t of families I hear from every day. But nomination to the floor took place what makes this nomination even more without Democrats getting any no- listen to stories like Shannon’s and who can’t understand their need to ac- troubling are the serious ethics ques- tice—a clear break from long-standing tions that have not been resolved as it committee rules. Unfortunately, those cess basic health care, possibly be trusted to work for all of our commu- has been jammed through the Senate. I are just a few of the examples. would hope that any Member of Con- It is clear that Senate Republicans nities? Unfortunately, there is more. While gress—Republican or Democrat—would are doing everything they can to pro- take seriously the need to ensure that tect President Trump’s nominees from President Trump has magically promised now insurance for everybody that incoming Cabinet Secretaries are free tough questions, which is only helping from conflicts of interest, fully pre- him rig his Cabinet against workers is both lower cost and higher quality, Congressman PRICE’s plans would do pared to put the public interest first, and families. That is really concerning, and have demonstrated a commitment especially on issues as critical as our the exact opposite. From the start, he has led the fight for repealing the Af- to service for the sake of service, rath- families’ health and well-being. er than a pattern of mixing personal fi- As I have said before, when I evaluate fordable Care Act, even though Repub- licans cannot agree on what they as a nancial gain with public office. Unfor- a nominee for Secretary of Health and tunately, when it comes to this nomi- Human Services, I am interested in party would do to replace it. Congressman PRICE’s own proposals, nation, Senate Republicans have avoid- whether that person has a record of however, would cause millions of peo- ed those questions at every turn. putting people first—not politics, par- ple to lose coverage, increase the cost When reports first came out that tisanship, or those at the top. I want to of care, and leave people with pre- Congressman PRICE had traded more know they put science first—not ide- existing conditions vulnerable to insur- than $300,000 in medical stocks while ology. Critically, I consider whether ance companies rejecting them or working on legislation that could im- their plans for health care in our coun- charging them more. pact companies whose stocks he had try will help more families lead I am hearing constantly from the purchased—including one whose largest healthy, fulfilling, and secure lives, or families who are scared about what the shareholder, Representative CHRIS COL- take us backwards. future holds for their health care, LINS, encouraged PRICE to invest in— Unfortunately, I am very concerned given Republicans’ rush to rip apart Democrats called for an investigation that Congressman PRICE falls far short our health care system, and plans like before this nomination could move for- in these categories and that his nomi- Congressman PRICE’s, which would ward. Senate Republicans refused to nation sends another clear signal: leave so many so vulnerable, are sim- join us. When outside consumer advo- President Trump is setting up his Cabi- ply not the answer. cacy groups and an ethics counsel net to run our country in a way that Donald Trump campaigned on prom- raised concerns, Senate Republicans benefits those at the top and their al- ises to protect Medicare and Medicaid, went ahead with the hearings. The day lies, but it really hurts the workers but Congressman PRICE said that he before a vote on his nomination in and families we all serve. wants to voucherize Medicare in the committee, when a story broke indi- I will start with women’s health and first 6 to 8 months of the administra- cating that Congressman PRICE misled reproductive rights. I believe that tion, ending the guarantee of full cov- members of our HELP and Finance when women have access to quality, af- erage so many seniors and people with Committees in responding to their fordable health care, when they can af- disabilities rely on. He has put forward questions about his investments, Sen- ford contraception and exercise their policies that would shift $1 trillion in ate Republicans met secretly to jam constitutionally protected rights to Medicaid costs to our States, squeezing his nomination through in a closed- make their own choices about their their budgets and taking coverage door vote. own bodies, our country is stronger for away from struggling children and Congressman PRICE and Republicans it. That is because access to health workers, and people with disabilities, have insisted that everything Con- care, which includes reproductive and families. gressman PRICE did was above board health care, is fundamental to women’s While President-Elect Trump has and legal. I certainly hope that is the economic independence and oppor- said that Medicare should be able to case, but we shouldn’t have to take tunity. When women have more re- negotiate lower drug prices for seniors, their word for it, and neither should sources, more freedom, and more abil- Congressman PRICE has repeatedly op- the families and communities we serve. ity to give back in whatever way they posed efforts to do so. He even went so I am deeply disappointed that so many choose, we move forward as a country. far as to call legislation to address of my Republican colleagues appear to Congressman PRICE has a long record high drug prices ‘‘a solution in search be willing to overlook the need for a of fighting to take women’s health care of a problem.’’ thorough independent investigation.

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.024 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S993 Congressman PRICE’s backward views Immunotherapeutics. Reports show he conflict with President Trump’s prom- on women’s health, his harmful vision received this special deal from his col- ise not to cut Medicare. PRICE’s legisla- for our health care in our country, and league in the House, Congressman tive record also conflicts with Presi- the ethical questions that remain unre- CHRIS COLLINS, who sits on the com- dent Trump’s public commitments to solved even as this nomination is head- pany’s board and is their largest inves- improve this program by allowing ed to a vote, I will be voting against tor. I sent a letter asking Congressman Medicare to negotiate lower drug Congressman PRICE for Secretary of PRICE to explain his relationship, his prices for our seniors. Just this week, Health and Human Services. involvement with Innate Immuno, and the White House confirmed the Presi- Madam President, I yield the floor. how his relationship with Congressman dent’s support for this proposal again. The PRESIDING OFFICER. The Sen- COLLINS influenced those purchasing Yet, during his hearing before the Sen- ator from Wisconsin. decisions, but he hasn’t responded. His ate Health Committee, Congressman Ms. BALDWIN. Madam President, I financial dealings raise serious con- PRICE refused to answer my questions rise to urge my colleagues to join me cerns about potential STOCK Act and when I repeatedly asked him if he in opposing the confirmation of Con- insider trading law violations. That is would commit to standing with the gressman TOM PRICE to be Secretary of why I have called on the U.S. Securi- President and with American seniors the Department of Health and Human ties and Exchange Commission to in- by supporting Medicare negotiation of Services. vestigate his stock market trading ac- better prescription drug prices. We Congressman PRICE has a long polit- tivities. These questions must be an- don’t know where he stands on this ical record in Washington of siding swered and his stock trading should be issue, but we do know Congressman with Big Business and not American fully investigated before the Senate is PRICE does not stand with seniors, and families. He has led efforts that would able to adequately consider his nomi- he does not stand for protecting the force families to lose their health care nation. Yet we are probably hours from guarantee of Medicare coverage that coverage, that would end Medicare as the vote without all the information. our families rely on. we know it, and increase costs for our While there are so many unanswered We also know that Congressman seniors, and that would let politicians questions about Congressman PRICE’s PRICE does not stand for the millions of choose what health care is best for ethical judgment, there is a lot we do Americans who rely on the health care women and their doctors. Perhaps most know about his record as a politician coverage and protections available troubling, though, are recent revela- that is deeply concerning. under the Affordable Care Act. Con- tions about Congressman PRICE’s deep We know Congressman PRICE wants gressman PRICE almost personifies the and ethically questionable financial to end Medicare as we know it and Republican agenda and battle to repeal ties to health companies that are look- raise costs for our senior citizens. the Affordable Care Act and all of its ing to turn a profit. Medicare is a promise, a promise to benefits and protections, which would The people of Wisconsin elected me current and future generations that force 30 million Americans to lose their to the United States Senate to stand guaranteed health care will be there current insurance through participa- up to powerful interests, to stand up for them when they need it. Congress- tion in the program. He has led the ef- for the working people of my State. man PRICE wants to break that prom- fort in the House to take away guaran- They surely did not send me to the ise, that promise to millions of seniors teed health care coverage and has Senate to take away people’s health across this country. He has spear- championed dangerous measures that care. That is why I simply cannot vote headed proposals that would convert would put insurance companies back in for a nominee whose financial activi- Medicare into a voucher system, essen- charge of health care and lead to high- ties with health companies raise such tially privatizing Medicare. He also er costs and more uncertainty for serious ethical questions and who has supports raising the eligibility age for American families. Congressman repeatedly opposed measures that participation in Medicare, forcing PRICE’s agenda is putting the health would improve the health of our hard- hard-working Americans to wait to re- care coverage of over 200,000 Wisconsin- working middle-class families in Amer- ceive the benefits they have already ites at risk. ica. earned. His dangerous proposals would I wish to share the story of Sheila During his time in Congress, reports force seniors to pay more and would from Neenah, WI. She is a small busi- show that Congressman PRICE traded jeopardize guaranteed access to the ness owner and relies on the premium more than $300,000 in shares of health Medicare benefits they have today, but tax credits that helped her purchase companies while he was advancing we don’t need to take my word for it. her health plan through the market- health-related legislation which could Listen to the thousands of Wisconsin- place. She wrote: directly impact these companies’ prof- ites who have written to me just since I just wanted to let you know how dev- itability. Congressman PRICE’s finan- the start of this year, urging me to op- astating it would be for my family if the Af- cial disclosures show that he has purpose Congressman PRICE’s confirma- fordable Care Act is repealed. To take away chased stock in medical device compa- tion and to fight against any efforts the subsidies would pretty much turn the nies, leading pharmaceutical compa- that would take away their Medicare plan into the Unaffordable Care Act. nies, and medical equipment compa- benefits. Sheila said that premium tax credits nies. He also led a number of legisla- Richard from Fond du Lac, WI, is under the law have made it possible for tive efforts to restrict or delay imple- just one of those Wisconsinites. Rich- her to buy decent insurance for the mentation of several Medicare pro- ard and his wife are now retired and on first time in her whole career. grams that would have impacted reim- Medicare. He wrote to say: I am listening to Chelsea from bursement for these very industries. We both spent decades in teaching and Shelby, WI. Her daughter Zoe was born I don’t know who Congressman PRICE while we knew we would never get rich, we with a congenital heart defect. At just is working for. Is he working for the believed we were doing important work with 5 days old, Zoe needed to have open American people or is he working for our students. heart surgery. Chelsea said: the powerful corporations to help ad- Both of us felt secure in knowing that The Affordable Health Care Act protects vance his financial interests and his in- Medicare would be there for us when we left my daughter. . . . I’m pleading to you as a vestments in them? This ethically the profession and moved on to our retire- mother to fight for that and follow through questionable activity raises too many ment years. on that promise. There are so many kids in unanswered questions about his profes- Richard cannot understand why poli- Wisconsin with heart defects (as well as sional judgment and his ability to fair- ticians like Congressman PRICE are other kids with pre-existing conditions) that ly lead a department that is charged proposing to fundamentally change a are counting on you to protect that right. with protecting the health of all Amer- system that has worked well for dec- I am listening to Maggie, who at- icans. ades. He told me: ‘‘Now we feel as if our tends college in DePere, WI. Maggie Even more troubling are reports that world is being turned upside down.’’ was diagnosed with cancer in 2015. he had access to a special private deal Congressman PRICE’s views are not Thanks to the Affordable Care Act, she to buy discounted stock in an Aus- only out of touch with America’s sen- was able to stay on her parents’ health tralian biomedical firm, Innate iors, but they are also, interestingly, in insurance, which covered most of her

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.026 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S994 CONGRESSIONAL RECORD — SENATE February 9, 2017 care. The Affordable Care Act also en- Gorsuch’s nomination to the Supreme looked at his comments, and the very sured that Maggie did not face lifetime Court and, frankly, more narrowly, the first people he thanked when he had limits on coverage for her multiple media cycles of today, give us a special been nominated to the Court were—he rounds of chemotherapy and radiation. opportunity to pause and to do a little said: I want to celebrate the judges of Thankfully, Maggie is now cancer-free, bit of civics again. America who are the ‘‘unsung heroes of but Maggie is terrified—terrified that Judge Gorsuch is tough, smart, fair- the rule of law’’ in this country. He if the law’s benefits are repealed, she minded, independent, and he is a per- called the judges ‘‘unsung heroes of the could face a situation where her chemo son who has taken an oath of office to rule of law.’’ isn’t covered if she ever needs it again. a Constitution of limits. That is ex- He said: An independent judiciary She also fears being denied coverage actly the sort of thing we should be af- has got to be tough. It is not my job as because of her preexisting condition or firming and celebrating around here. I a nominee to the Court and it is not not being able to stay on her parents’ think that everyone on both sides of the job of any other judge to comment plan. the aisle in this body should be cele- on particular cases, and it is not the During my time serving in the House brating Judge Gorsuch and what he be- job of judges to play politics or to hold of Representatives, I championed the lieves about a constitutional system press conferences talking about poli- provision in the Affordable Care Act that has limits. And defending your tics, but we can recognize that histori- that allows young adults like Maggie own branch—the Founders envisioned a cally the other two branches are often to remain on their parents’ health care world where these three branches wary of times when the Court asserts plan until age 26. Congressman PRICE would be jealous of their own preroga- its prerogatives. would take that away, as well as other tives—defending your own branch is He said: For instance, Thomas Jeffer- protections that Maggie relies on, and not to attack another branch. son didn’t like Marbury v. Madison, instead go back to letting the insur- As I read the media reports this and it was completely legitimate for ance companies decide what to do. morning of who said what to whom and President Jefferson to criticize and During his HELP Committee hearing, who shouted at whom and who argued argue about the merits of the Marbury I asked him directly if he supports the about what, what if we just paused and v. Madison decision even as we do the current requirement that insurance reflected again on what it means to be- important civics work of reaffirming companies cover young adults until age lieve in a constitution that has three these three separate but equal 26. Essentially, he refused to answer separate but equal branches that are branches. my question but instead said that he supposed to check and balance one an- Frankly, I think that everybody in trusts insurance companies to do this other? this body ought to be celebrating the on their own. He said: ‘‘I think it’s After seeing some media reports this nomination of a guy who is out there baked into insurance programs.’’ morning, I looked and I happened to affirming three separate but equal Our future leaders like Maggie can’t have on my desk the breast-pocket branches and the independence of the afford to take his word for it that in- card that was in my suit 2 days ago judiciary. We should want to see the surance companies will choose to pro- when I met with the judge, and I asked executive branch checked, and, frank- tect their care. The stakes are too high him about the comments coming from ly, if we really love America, as I know when it comes to accessing the life- the White House criticizing a so-called people in this body do, we should want saving health care for cancer or other judge. I wish to share with this body to see our own powers limited because serious conditions. some of the comments the judge made it is fundamentally American to be As I travel my State, I listen and I to me when I asked him what he skeptical of the consolidation of power. hear the voices of people who are strug- thought about the criticism of the so- Our Founders divided power and gling. Too many people feel that Wash- called judge, because we don’t have so- checked and balanced each of the other ington is broken and it isn’t working called judges, we don’t have so-called branches because they were skeptical for them. People are scared because Presidents, and we don’t have so-called of what people in power might ulti- they can’t make ends meet and provide Senators; we have people from three mately do. a better future for their children. We branches who have taken an oath to a Sadly, there are some on the other need to change that. Our work here constitution. side of the aisle today—and I think should be focused on making a dif- So here is some of what the judge many are going to give him a fair ference in people’s everyday lives. told me when I asked him what he shake, but there are some on the other I am concerned that if confirmed as thought about those comments. He got side of the aisle who decided they want Secretary of Health and Human Serv- a little bit emotional, and he said that to reflexively attack Judge Gorsuch. ices, Congressman PRICE would make it any attack or any criticism of his So it is like the Keystone Kops trying harder for people to get ahead. I am brothers and sisters of the robe is an to run around and figure out which concerned that he will work with spe- attack or a criticism on everybody story you want to label him with. I cial interests who already have too wearing the robe as a judge. hear some people saying: Well, Gorsuch much power here in Washington in- I think that is something this body was nominated by this President and a stead of working for the Wisconsin should be pretty excited to hear some- bunch of people don’t like this Presi- families I was sent here to serve. one who has been nominated to the dent; therefore, he couldn’t possibly be For all these reasons, Congressman High Court say. independent, he would be a puppet. PRICE is not the right choice for Sec- He said that it is incredibly disheart- There are other people saying in these retary of Health and Human Services, ening to hear things that might under- private meetings allegedly Gorsuch has and I urge my colleagues to oppose his mine the credibility and the independ- rented a plane and taken out a sky- confirmation. ence of the judiciary. He said that it is writing script and he is out there say- I yield the floor. completely legitimate for all of us to ing ‘‘I hate Donald Trump. I hate Don- The PRESIDING OFFICER (Mr. vigorously debate individual opinions. ald Trump.’’ That is nonsense. Neither PERDUE). The Senator from Nebraska. We should argue about opinions. We of those things is true. He is not a pup- NOMINATION OF NEIL GORSUCH can argue as citizens about cases. We pet, and he is not out there attacking Mr. SASSE. Mr. President, I say can argue in this legislative branch or the President of the United States. He thank you to my colleague for yielding the executive branch can argue about is meeting with us, trying to explain to me a little bit out of line. the merits of particular opinions and his view of an independent judiciary. I think one thing we don’t do nearly yet we want to affirm the three He is trying to affirm the same con- a good enough job at around here—and branches. stitutional oath of office that all of us not just in Washington, DC, but in So he said it is disheartening for us in this body have taken. schools across America—is reflect on to do anything that would undermine I think it is high-time in this body the basic civics we have inherited and that. that we get beyond reflexive partisan- the constitutional structure of checks He then pointed me back to his com- ship of ‘‘Republicans are for Repub- and balances and why we have a lim- ments at the White House the night he licans if they have the same label’’ and ited government. I think Judge was nominated, and so I went back and ‘‘Democrats are against Republicans’’

VerDate Sep 11 2014 23:45 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.027 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S995 and vice versa. Our job fundamentally whether I think one of the most impor- has made it clear that, as Secretary of in this body is an oath that we have tant positions—a lifetime position of HHS, he would seek to implement poli- taken to three separate but equal serving on our Nation’s highest Court— cies that, I believe, will make health branches. I think what we are hearing whether he is appropriate or not. But care more expensive and less accessible in these private meetings with Judge this President makes that case harder to Virginians. Gorsuch and what I am sure he is going for his nominee when he shows such Today, after a great deal of reflec- to say when he speaks for himself pub- blatant disregard of the fundamental tion, I join my colleagues in opposing licly before the Judiciary Committee— basics of our Constitution. Congressman PRICE’s nomination to be what we are hearing from him is a guy I would be more than happy and glad Secretary of HHS. And rather than who believes in three separate but if we would all dial it back a bit, but going through the statistics and facts— equal branches and is skeptical of the we are in uncharted territory in a way I know I have other colleagues who consolidation of power because he un- that, as somebody who believes every want to speak—I want to reflect briefly derstands why America has limited bit as much in the Constitution as the on a couple of stories I have heard from government. That is the kind of person Presiding Officer does, it makes me Virginians. we should be celebrating having been very concerned about making sure we One of the things that was a benefit nominated to the Court. maintain those basic liberties, making but I don’t think folks have focused on The PRESIDING OFFICER. The Sen- sure we have a government that can enough is that the ACA, with all its ator from Virginia. live within its means, making sure we challenges, did allow people freedom Mr. WARNER. Mr. President, I am maintain the independence of the judi- from the trap of being caught in a here to speak about Mr. PRICE, but I ciary, the independence of our legisla- dead-end job that they couldn’t move want to respond to my friend the Sen- tive body, and an Executive who knows from because of the fear of losing their ator from Nebraska. there are limits on Presidential pow- health care benefits. This was the first I appreciate very much the independ- ers. move toward an affordable benefits sys- ence the Senator has shown in his ten- I appreciate his comments and par- tem, something I think we are going to ure in the Senate. My hope would be ticularly appreciate the fact that have to move beyond health care to re- that his comments about civics, his through his tenure in the Senate, he tirement and other aspects, as well, as comments about our three branches of has shown a level of independence. I more and more workers work not in government—I hope we will take that have taken some hits from my own traditional full-time and long-term em- speech and actually send it down to team for showing similar levels of inde- ployment, but more and more—one- 1600 Pennsylvania Avenue because I pendence. I commend his words, but I third of the workforce today already is concur with him. I concur with him do hope that those words would actu- in some form of contingent work: part- about the basic civics lessons he laid ally make their way down to 1600 Penn- time work, independent contractors, out. I concur with him about three sylvania Avenue. I am curious to see gig work. They have no benefits, other equal branches of government. I concur what the President’s tweeting response than the fact that through the ACA with him about the fact that I look for- to that speech would be. they are able to maintain health care. ward to hearing from Judge Gorsuch Mr. President, I did come here, The ACA has actually reduced this phe- and having my chance to view him. though, today to rise and talk about a nomenon of ‘‘job lock.’’ But I would also think that in any need that Virginians and, for that mat- A couple of weeks ago, I met Andrea kind of objective analysis of what our ter, Americans have, about a health in Richmond. She always dreamed of country is going through right now, we care system that is affordable and ac- opening a software business, but she have currently a President of the cessible and provides high-quality and her business partner were consid- United States who—I have real ques- health care. ered uninsurable because of preexisting tions whether he has read that docu- I voted for the Affordable Care Act conditions. The ACA changed every- ment, the Constitution, whether he un- back in 2010, and I have acknowledged, thing. After obtaining insurance derstands the basic tenets of three co- I think along with many of us, that through the exchanges, Andrea and her equal branches. just like every major reform—just like business partner were able to take that We saw his activities during a cam- Medicare and Social Security and Med- risk. Today, that successful company paign where he called out a judge be- icaid—Congress never gets it 100 per- has a staff of 12. As Andrea said: ‘‘Sim- cause of his ethnic heritage and some- cent right the first time and that Con- ply put, my business would not exist how impugned that judge’s independ- gress needed to revisit and improve without the security the Affordable ence. At some point, he walked that certain aspects of the ACA. Care Act provided.’’ back, and perhaps those of us who were As anybody who serves in the legisla- The coverage gains we have seen are kind of scratching our heads thought, tive body knows, you have to have remarkable. That is clear from hun- well, that is just during the campaign, partners in order to get to yes. Unfor- dreds of Virginians who have contacted and candidates do strange things dur- tunately, that is what we have heard me with stories like Andrea’s. In fact, ing the campaign. from folks on the other side for the last never before in our Nation’s history Then we saw the President get elect- 7 years. We have heard all the cri- has the rate of uninsured dropped ed, and we saw throughout a transition tiques, we have heard the screech of re- below 10 percent. In Virginia, a State period decrees by twitter that are, peal, but we have not heard any kind of where our legislature unfortunately again, unprecedented in modern activ- plan on what you replace. would not expand Medicaid, we have ity. I know the President wants to be a The fact is, like it or not, ACA has still seen an uninsured rate drop from disrupter, but there is some level of played a critical role in driving health 15 percent to 9 percent, and 327,000 Vir- comity and some level of civics and care innovation, protecting consumers, ginians got additional coverage. This is some level of recognition of coequal and reducing overall health care spend- especially true in rural areas. branches that—candidly, when the ing. Those are just facts—not alter- Nationwide, the ACA lowered the President of the United States attacks native facts, not alt acts; those are just percentage of uninsured by eight points a judge because he doesn’t like the rul- facts. The increased coverage to more in rural communities. Rural commu- ing in a way that calls into substance people now makes it all the more dif- nities often struggle with hospitals not the substance of the ruling but the ficult to find some way to repeal and that, without ACA, would be on the very nature of the judiciary, I think all maintain all the things that people brink of financial extinction. of us—and I know the Senator from Ne- liked, yet replace it with a plan that is Here is another quick example from braska would agree with this—all of us actually more cost-effective. Janet in Mosely, a rural area south of need to sit up and say this is not what So today we consider a candidate for Richmond, who grows and sells organic the Founders intended. Secretary of Health and Human Serv- vegetables to support her family, which I look forward to giving Judge ices, the lead Cabinet member who will includes four children. She said: Gorsuch and everyone else the Presi- oversee our critical health care pro- We went through various attempts to man- dent might nominate a fair look, a fair grams. Congressman PRICE has advo- age the cost of health insurance and health appeal, and then making a judgment on cated for dismantling the ACA, and he care in our finances before the ACA—with no

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.029 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S996 CONGRESSIONAL RECORD — SENATE February 9, 2017 good results. [Because of ACA], we have been necticut, who spent a great deal of did offer a token plan to replace it, but able to have an appropriate plan, with a real- time on this issue back when there it had nothing of value to the people of istic deductible, access to quality doctors, weren’t that many people coming to Connecticut. It would have repealed and be able to go to preventative care annual appointments. We are quite fearful about the floor to defend the ACA. I guess it Medicaid expansion with no plan for what life and business may be like without is better to be early and right, but Con- what came next. It would have repealed the ACA, or an improved-upon version of the gressman Murphy has been a great the insurance protections for people ACA. A repeal would be disastrous. leader on this issue. He was here, as I who are sick with a $3 billion high-risk Unfortunately, not only has Con- mentioned, on the floor, when many of pool that would never have met the gressman PRICE strongly opposed the us were active in other activities, an needs of those who have serious illness ACA, but his plan—or what framework absolute native of the ACA, when we and disease and who cannot find insur- of a plan you see—and other proposals went through the bad rollout. But what ance. dramatically scale back the individual we have seen in America, as we get Our worry is that we are on the preci- market reforms that allow people like closer now to the reality of the new ad- pice of repealing an act which has Andrea and Janet to obtain meaningful ministration, is that the new majority saved thousands of lives, which has in- coverage. As our workforce becomes wants to actually repeal this program sured 20 million people, and the results more mobile than ever, Congressman without fixing it—simply repeal. I will be health care chaos for everyone, PRICE has said people should have ac- think his forewarnings about what whether they are on the Affordable cess to care, but access to care without would happen are all coming to pass. Care Act or not. affordable care isn’t true access. I will personally be opposing the TOM PRICE has been the face of the For example, if you got rid of the nomination of Congressman PRICE to repeal effort in the House of Represent- ACA with no plan to replace it, we be Secretary of HHS. I hope my col- atives. He has been the face of the irre- would see the reinstatement of lifetime leagues will join me. sponsible position of getting rid of this and annual limits on coverage. They I do want to yield the floor to the law with nothing that comes next. And are what turned getting sick into a fi- Senator from Connecticut, who has it simply doesn’t give us confidence nancial calamity for so many people. been such a great leader on this issue. that there is going to be a rational bi- Plans would be required to cover far The PRESIDING OFFICER (Mr. partisan conversation about how to im- less in terms of conditions, moving SASSE). The Senator from Connecticut. prove our health care system. away from the ACA’s promise that in- Mr. MURPHY. Mr. President, I am This isn’t politics. I just want to un- surance is worth more than the paper going to be brief. I want to build on derscore the point that Senator WAR- it is written on. some of the comments Senator WARNER NER made. This isn’t about scoring po- As I mentioned already, the close to made. It is unclear what President litical points. This isn’t simply about one-third of the workforce that is al- Trump’s position is on repeal and re- numbers. This is about human lives ready in some level of nontraditional placement of the Affordable Care Act. that are affected if TOM PRICE gets work and doesn’t work full time in a He has made all sorts of commitments what he has been asking for during the long-term employment facility would all over the map, suggesting that he last 6 years, which is a full repeal of lose that flexibility to move from job wants to deconstruct the act in full, the Affordable Care Act without any to job. suggesting that he wants to keep some plan for what comes next. We have also heard from Congress- elements of it, making promises that This is a picture of Mark and his man PRICE plans to block-grant, for ex- whatever comes next will be just as family from Westbrook. This is a pic- ample, Medicare. We in Virginia have a good, will be better than what con- ture of his daughter Dominique. very trim Medicaid program. We have sumers have today. Dominique has a profound intellectual also not expanded Medicare, which I I think what you are going to hear disability. She also has cerebral palsy. think was a grave mistake of the legis- consistently from our side is a willing- She doesn’t have the use of her left lature. The Governor and I agreed we ness, a desire, an enthusiasm to engage arm. She walks with an unsteady gait. should expand it. Putting a Block in a conversation with Republicans She also cannot chew food, so she takes Grant Program in place for Virginia about how to strengthen our health liquid nutrition. But she has an amaz- would be a disaster in terms of Med- care system, how to repair the parts of ing spirit. She loves school. She loves icaid. As well, Congressman PRICE has the Affordable Care Act that are bro- music. She loves singing to Disney voted against the Children’s Health In- ken, but keep the majority of that leg- movies. She plays soccer, buddy base- surance Program, the CHIP program, islation, which is delivering lifesaving ball, and rides a horse for therapy, but one of the things I was proud to expand care to people as we speak, and not de- Mark and his wife used to spend $40,000 in Virginia, where we ended up signing scend into health care chaos by repeal- a year out of their own pocket for her up 98 percent of all eligible children. ing this legislation with no plan for care. The Affordable Care Act saved Congressman PRICE called the CHIP what comes next. this family from potential bankruptcy. program ‘‘government-run socialized The genesis of our opposition, of my The Affordable Care Act now, through medicine.’’ What he didn’t say is what opposition, to TOM PRICE’s nomination Medicaid expansion, allows Dominique he would say to the 200,000-plus kids in to be the Secretary of the Department to get care that is socially insured. Virginia who get their health care cov- of Health and Human Services is that And Mark asks: erage through CHIP. he has been, in the House of Represent- After all, who are we as a people and a So I believe that Congressman atives, the face of the Republican ef- country if we cannot take care of those who PRICE’s approach—whether it is on fort to repeal the Affordable Care Act for no fault of their own cannot take care of Medicaid block-granting, whether it is with absolutely no plan for what comes themselves? Dominique didn’t do anything on the ACA, whether it is on the CHIP next. wrong, she was born this way and deserves to program, whether it is his failure to There were many other choices that have a fulfilling life. come up with a sufficient plan to pro- could have been made for selections to That is the whole concept of insur- vide access and affordability—means head the Department and lead the con- ance: The idea that we should socialize that if we go forward with his nomina- versation about the Affordable Care the cost of caring for kids and adults tion, the kind of chaos that would be Act and its future that could have sig- who, through no fault of their own, get created if you repeal the ACA without naled that we were going to have an sick. But without the Affordable Care a replacement plan in place will not ability to come together. But when I Act, this family bears the burden of only affect the 20 million-plus Ameri- was a Member of the House of Rep- caring for Dominique by themselves. cans who got health care coverage resentatives, I watched my colleague, And there is no replacement. There is through the ACA but literally everyone TOM PRICE, be the leader, the face of no plan on the table today—certainly else because it will absolutely pull the the campaign to repeal the Affordable not TOM PRICE’s reputed replacement bottom out of the overall insurance Care Act, with absolutely no replace- plan in the House of Representatives— market. These are chances that we ment, which would descend our entire that offers any help to this family if can’t take. health care marketplace into chaos. the Affordable Care Act goes away. I have a series of other stories, but I That is chiefly why I stand here in Let me introduce you to one more see my friend the Senator from Con- opposition to his nomination today. He family. This is a picture of Angela. She

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.030 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S997 is hiding here—Angela from New I yield the floor. Contrary to what you have heard Canaan. Angela is 49 years old. She was The PRESIDING OFFICER. The Sen- from the Democrats, he also offered his diagnosed with stage IV breast cancer ator from Arkansas. own alternative, the Empowering Pa- in 2015. The good news is that Angela is Mr. COTTON. Mr. President, as I said tients First Act. You may or may not winning the fight against breast can- before, we should not be holding up any like that bill, but I think you have to cer, but she would face the inability to of the President’s nominees. There is admire that he was willing to make a get health care insurance if not for the far too much work to be done, but I serious proposal. That is the kind of Affordable Care Act because if this think that is especially true for the leadership we need at the Department family ever lost continuous care, they man whose nomination is before us of Health and Human Services. would be uninsurable. So the protec- today, the next Secretary of Health I want to express my support for TOM tions built into the law allow them to and Human Services, Dr. TOM PRICE, PRICE’s nomination to be the next Sec- pay reasonable prices. She says: who I am happy to say has my full sup- retary of Health and Human Services. I Would President Trump or any member of port. urge all Senators to vote for his con- Congress who voted to repeal the ACA be It is especially important that we firmation. willing to write to my 12 and 9 year old boys, confirm Dr. PRICE because, as we all I yield the floor. and explain to them why they let their know, our health care has undergone The PRESIDING OFFICER (Mr. Mommy die? I doubt they even give a damn. some serious turmoil as of late. This PERDUE). The Senator from Virginia. I don’t think she is right on that. I was undoubtedly caused, at least in Mr. KAINE. Mr. President, I also rise think that everybody in this Chamber part, by the rolling calamity of to speak about the nomination of Con- cares about this family, but it is a re- ObamaCare. You can step back and you gressman PRICE as HHS Secretary. I minder that there are really personal survey the wreckage, and it is sobering will oppose his nomination, principally consequences for millions of Americans to see what that law has left in its because he has been an opponent of vir- if TOM PRICE, as the leader of the De- wake: double-digit premium hikes, tually every program that provides partment of Health and Human Serv- very high deductibles, and millions of health care access to people with mod- ices, leads a campaign to repeal the Af- canceled plans. est means in this country: Medicare, fordable Care Act without any replace- For all the fanfare over the law’s pas- Medicaid, the S-CHIP program—which ment. sage, and all the arguments that fol- he called socialism—Planned Parent- We talked about the damage that lowed, it seems we have forgotten the hood, which is the primary health care will be done to these families, but for person who matters the most, the pa- provider of choice for millions of the entire marketplace, there is noth- tient. That is what the next HHS Sec- women, and the Affordable Care Act. ing but chaos if TOM PRICE gets his retary is facing, a Herculean or perhaps There is much to talk about, but I way. I opposed his nomination right you might say a Humpty-Dumpty-like am going to focus my comments today from the start because I knew who he task of picking up the pieces and re- on his repeated promises to repeal the was in the House of Representatives. I building our health care system from Affordable Care Act. Repeal of the Af- knew that he had led this campaign of the ground up. fordable Care Act would be very un- health care destruction for families So as we consider this nomination, I wise. It would be heartless, and it like those that I just described. think it is appropriate to ask our- would be economically foolish. The Frankly, his hearing just com- selves: If we need someone who will Virginia stats are instructive. In Vir- pounded my worries. These ethical focus on the needs of patients, why not ginia, 179,000 Virginians have been able lapses that have been raised over and pick a doctor? Dr. PRICE was an ortho- to enroll in Medicaid since the ACA over again just draw even more ques- pedic surgeon in private practice for was passed—an additional 179,000—and tion as to whether he is going to use nearly 20 years. He taught and trained nearly 380,000 Virginians have been this position as the head of the Depart- young doctors personally. So when he able to get coverage through the mar- ment of Health and Human Services to hears the phrase ‘‘quality, affordable, ketplace. protect and advance the health care of personalized care,’’ it is not an ab- We have not done the Medicaid ex- my constituents or he is going to use stract notion to him. It is not some- pansion program. If we did, another that position to enrich himself and his thing he dreamed up in the Halls of 400,000 could receive care through the family. Congress because he himself has pro- ACA. Nearly 4 million Virginians have Those are serious accusations. I get vided just that kind of care to real peo- protection against discrimination on it, but these were serious ethical lapses ple. the grounds of preexisting health con- that were uncovered, not by us but by When we repeal and replace ditions. They have such conditions, and an independent journalist raised as ObamaCare, we have to avoid the kind they could be turned away from insur- part of these hearings. I would hope of thinking that gave rise to it. We ance companies, as they have been in this body would consider rejecting TOM need someone with on-the-ground un- the past, as my own family has been. PRICE’s nomination so we can find derstanding of what it takes to care for Before the ACA, only those with em- someone to lead that agency and lead patients, someone who knows what it ployer coverage got tax benefits to help our conversation on the floor of the is like to stand at a bedside with a pa- pay for health insurance. Now, 320,000 Senate about the future of health care, tient comforting her in a confusing and moderate- and low-income Virginians so that instead of continuing what has frightful moment. get tax credits averaging $275 a month been a bitterly divisive issue over the Dr. TOM PRICE is that man. TOM to help. In addition, there are nearly 5 last 6 years, we can finally find a way PRICE is also my friend. We served to- million Virginians with employer-spon- to come together and answer Angela’s gether in the House of Representatives. sored insurance, and over 800,000 Vir- concerns that Donald Trump and the He is a good man. That is why, during ginians would lose access to free pre- Republicans who support him don’t his time in public service, he has ventive care under Medicare if the ACA care about her and her family, are will- earned the respect of his colleagues as were to be repealed. ing to let her die. he has worked his way up the ranks: Nationally, a repeal of the ACA— I don’t think that is true, but by put- chairman of the Republican study com- under an estimate of the Urban Insti- ting someone in this position as the mittee, chairman of the House Repub- tute—would cause 30 million people to head of the Department who has cam- lican policy committee, and, most re- lose their health insurance. That is the paigned on repealing this act, taking cently, chairman of the House Budget combined population of 19 States. away from Angela the protections that Committee. We had a hearing last week in the allow her to succeed and to live and to He has studied our health care sys- Senate HELP Committee about the Af- continue to beat cancer, without any tem from top to bottom, and he is no fordable Care Act. It was called, by the idea for what comes next, it suggests stranger to the health care battles the majority, ‘‘ObamaCare Emergency.’’ I that the division will continue and ca- last 8 years. You could say his chief asked the witnesses, Democratic, Re- tastrophe will be in line for families qualification for the job of replacing publican, and of no political identifica- like hers. ObamaCare is he had the good sense to tion—I asked them: Would a repeal of I will oppose this nomination. I urge oppose it in the first place, but TOM the Affordable Care Act with no re- my colleagues to do the same. PRICE did not just vote no. placement be an emergency? All of the

VerDate Sep 11 2014 02:41 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.031 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S998 CONGRESSIONAL RECORD — SENATE February 9, 2017 witnesses agreed that it would. One of remission was a life-saver for her as well as student, I have no way of working full time the witnesses said it is more than an myself. for benefits. The ACA has allowed me to live emergency, it would be a catastrophe. Had it not been for the Patient Protection and safely and affordably monitor and treat and Affordable Care Act, I would not have So then I asked those witnesses— my kidneys while finishing my master’s de- been able to purchase [my] health-care in- gree. Were it not for the ACA, I fear my again, bipartisan witnesses: OK. We surance, for any price, due to my pre-exist- health would become a choice between death shouldn’t repeal it. That means we ing condition of having cancer. Had it not or bankruptcy. I don’t know what I’ll do if I should fix it or repair it or reform it or been for the income subsidy, I would have lose my health care. I could not afford it improve it. Should we do a fix or im- not been able to afford to pay the premium without the ACA. I will fight for you, Sen- provement hastily, carelessly, and se- for a superior plan, a plan which saved my ator Kaine, and please fight for me and my cretly or should we do it openly, pub- life. Thank you, President Obama, and health in Washington. thanks to every member of Congress that Corwin Hammond, Williamsburg, VA: licly, carefully, and deliberately? voted in favor of the lifesaving Patient Pro- They all said: Of course, we should tection and Affordable Care Act. Senator Kaine, Before the ACA, my wife not rush. We should get this right. and I did not have nor could we afford med- Patricia Mills, Virginia Beach. ical insurance. My wife is a business owner That is why many colleagues on our My daughter, who has Lupus, and her hus- side have asked Republicans to sit and I’m a pastor of a small church in Toano, band, who has juvenile diabetes have been Virginia. I left my . . . state job that pro- down with us and let’s make improve- struggling for the last six years to keep their vided full benefits, because the ministry ments, but don’t push people off of conditions under control. They have a gifted needs in my community were so great. I am health insurance. seventeen year old daughter who has been in grateful for this legislation that has allowed It would also lead to a significant the IB academy in Virginia Beach, and have us to have peace of mind in knowing that we economic catastrophe for hospitals, for had to sell their home to pay off debts due to are covered and able to visit the doctor with- providers, to have a repeal and not complications from their illnesses. My hus- out going bankrupt. Why not just fix the band and myself have made our home their components that need repairing; instead of know what comes next. Remember that home, but their struggles have continued be- health care is one-sixth of the Amer- throwing millions of hard-working Ameri- cause of the enormity of their medical ex- cans to the wolves. We deserve better. How ican economy. If you inject uncer- penses. about the congress and senate repealing Since they have been able to enter the Af- tainty into that, you have con- their health care and leaving ours alone? fordable Care Act for their insurance, they sequences that we could not now pre- Thank You, Corwin Hammond. dict that would be negative. have been able to stabilize their lives financially. If the Affordable Care Act is repealed, Sarah Mullins-Spears, Prospect, VA: The real story is not any of these sta- I don’t know what will happen to them. Insu- Senator Kaine, I have one perfectly imper- tistics, and I will pick up on what my lin is extremely expensive and so are the fect child. He has not one but two ‘‘pre-exist- friend, the Senator from Arkansas, supplies to inject and check blood sugar to ing’’ conditions. . . . He was diagnosed with said. The real story is about individ- keep my son in law alive. There is NO option Asperger’s Syndrome . . . and he was also uals, patients, and what happens. for a diabetic to turn to to get life saving in- born with a unicameral bone cyst, a hollow Three weeks ago, I put on my Web site sulin a diabetic individual needs who works bone. . . . a little section, kaine.senate.gov/ hard every day, but falls above the Medicare That affects one in four children. threshold. We are living in terror at the This year we were able to purchase our acastory. I asked people to submit thought of a repeal. what it would mean to have a repeal of lifelong dream. . . . A family farm. . . . 18 Justine Jackson, Radford: the Affordable Care Act. PERFECT acres of peace and promise. This To date, I have had 1,654 submissions As I type this, I am currently sitting in the summer we endured a medical ordeal we office of the Community Health Center of could have NEVER imagined. . . . My son of what it would mean to them. We the New River Valley. I am 25 years old and broke his arm, due to the cyst, for the 4th have been able to follow up on some of the last doctor I had seen until today was my time in less than 3 years. . . . And we were them and get permission from some so pediatrician. Like many struggling Ameri- finally approved for surgery to place a tita- I could read their stories on the floor. cans, I cannot afford insurance and rely on nium rod through the cyst that would pre- So during the remainder of my speech, low income/free clinics to receive preventive vent any further breaks. On July 26th the I am just going to tell you what a re- care. The ACA helped programs like the one surgery was successfully completed and the peal of the ACA would mean to people at the Community Health Center [clinic] next day we were released with instructions with funding. all over my Commonwealth. on pain management and to not remove the We cannot afford to lose clinics like this surgical bandages for 3 days. On July 30th we Michael Dunkley lives in Alexandria one with cuts to funding public health. removed the bandages to find a hot, swollen, VA. Americans should not be denied health care. bright red nightmare. We were readmitted to I was diagnosed with advanced Stage 4 We should not have to file for bankruptcy for the hospital. . . . I wasn’t truly afraid until non-Hodgkin’s lymphoma cancer in October becoming sick or avoiding a doctor all to- I saw the face of the same nurse that dis- of 2013 and was put immediately on an ex- gether because it costs too much. The Af- charged us that night. . . . she was fighting tremely powerful 5-component chemo- fordable Care Act should be revised, not re- back tears. . . . Over the next 3 days there therapy treatment program that would con- pealed. If Congress repeals the ACA, 20 mil- were 2 additional surgeries including a PICC clude in late January, 2014. My medical in- lion Americans risk losing insurance. That’s line, and after 6 days we were released to surance coverage at the time of my diagnosis 20 million Americans that may stop going to home health care. . . . Suddenly I was a was under the terms of COBRA, and my doctors because they can’t afford it. I plead health care provider, every 8 hours a dose of monthly premium was $875, with a $7,500 de- to Congress to care about your fellow Ameri- antibiotics had to be attached to the PICC ductible and a $15,000 out-of-pocket limit. cans and give us health coverage that is af- line, it took approximately 90 minutes to ad- My COBRA coverage expired at midnight fordable or, better yet free. Seeing the doc- minister, and then the line had to be cleaned on December 31, 2013, and was immediately tor should not revolve around a choice be- and prepped. There was NEVER a 6 hour win- [able to be] replaced [because of a] plan that tween going hungry or not. dow that I could be away from my child. . . . I had been issued through the provisions of Gabriella Falco, Alexandria, VA: Which meant I was not able to work the 6 the . . . Affordable Care Act. Because of the Senator Kaine, my name is Gabriella, I’m hour schedule at my part time job. Which new law, I could not be denied coverage due a 26-year old full-time student studying what means after the second week I was let go, to a pre-existing condition (advanced can- she loves. I work part-time in my field of told I could reapply when I was ready to cer), and I was issued a new plan that was far study and make some money to live on, but come back to work. . . . On August 26th my superior in coverage and cost me only $575 a my school expenses are all covered by stu- son slept for almost 20 straight hours and month, with zero deductible and an $1,850 dent loans. When I was 22, fresh out of col- then woke up vomiting and with a fever. . . . out-of-pocket limit. 3 days after receiving lege and unemployed, I was diagnosed with So by lunch we were readmitted to the hos- my new health insurance coverage, I was in- hyperparathyroidism and many severe kid- pital again. . . . The next day while in the fused with my 5th-round of chemotherapy, ney stones. To prevent kidney failure or hospital he broke out in a mystery rash from for which I was charged $35,000. Near the end worse, I required multiple surgeries, all of head to toe, and had a white blood cell count of January, 2014, I received a 6th-dose of which were covered by my parents’ insurance of a chemo patient. For me this was the chemotherapy and was billed another $35,000. through the Affordable Care Act. Ever since, worst, because no one, not even the consult . . . I was given a PET-CT nuclear scan that I have had twice yearly check-ups and from UVA infectious diseases, knew why. cost $5,000, and 1 week after that, on Feb- ultrasounds, as well as some scares with my After 3 days, with the WBC count trending ruary 14, 2014, my wife and I were told by my kidneys. There is no explanation for my up and more research, the leap of faith was oncologist that my advanced cancer [was medical history. All the doctors can do is decided to end all antibiotics and see if they now in] complete remission. As I am the sole monitor and treat it when troubles arise. were the cause for the reactions. They were caregiver for my wife, who has advanced When I turned 26, I chose my own and by October my child was declared healed Multiple Sclerosis, the news of the cancer’s healthcare plan through the ACA. As I am a and eligible to start school. . . . Almost 5

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.033 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S999 weeks after he should have started his first There being no objection, the certifi- issues and death. We were knocked off our day of middle school. . . . By then the bills cate was ordered to be printed in the feet, numb, confused and overwhelmed by had also begun to arrive . . . Daily. The first RECORD, as follows: the danger and the medical requirements to bill from the hospital was $105,547.12 before stay within an acceptable insulin range. Peo- insurance and over $12,000 with benefits. We CERTIFICATE OF APPOINTMENT ple with the disease must balance insulin are still receiving bills and our pre insurance To the President of the Senate of the United doses with eating and other activities totals are well over $750,000 before insurance. States: throughout the day and night. They must . . . BUT because of ACA we were capped at This is to certify that, pursuant to the also measure their blood-glucose level by $7,500 out of pocket. This means $231 a month power vested in me by the Constitution of pricking their fingers for blood six or more for 24 months which has an impact on our the United States and the laws of the State times a day. Our son still can have dan- family but it also means we can still afford of Alabama, I, Robert Bentley, Governor of gerous high or low blood-glucose levels, both our mortgage. I wake up every morning said State, do hereby appoint Luther of which can be life threatening. He will die thankful for my healthy child and amazed Strange, a Senator from said State, to rep- without insulin; he could die from too much that we live on this tiny piece of heaven. resent the State of Alabama in the Senate of insulin. In the midst of our fog of sadness ACA made that possible for us. I have kept the United States until the vacancy therein and confusion, we remembered the ACA. ‘‘At all bills, x rays, and documents related to caused by the resignation of United States least the ACA will be there when Patrick is our journey. Senator Jeff Sessions, is filled by election as on his own. He will be able to get health in- Sasha Baskin, Richmond: provided by law. surance regardless of his prior condition,’’ Witness: His Excellency our Governor, was our mantra. One day, Patrick came When I was seventeen I discovered I had a Robert Bentley, and our seal hereto affixed home and announced, ‘‘Great news! The ACA rare and highly aggressive tumor in my jaw. at Montgomery, Alabama, this 9th day of allows me to stay on your health insurance It took three experimental surgeries to re- February, 2017, at 8:20 o’clock, CST, in the until I’m 26!’’ move and replace the tumor with a metal year of our Lord 2017. implant and bone graft. I was fortunate By the Governor: I changed my retirement schedule. I enough to be dependent on my parents’ in- ROBERT BENTLEY, can do that. I have watched and wor- surance when this medical event first took Governor. ried as insulin prices soar. Pat takes place. With the Affordable Care Act I have Attested: two types of insulin, a single carton of been able to stay on my parents’ insurance JOHN H. MERRILL, which costs between $400 and $500 re- into college and graduate school and main- Secretary of State. tail. I run the math in my head and I tain my health status through regular doc- [State Seal Affixed] tors’ visits. I require a yearly check-up to worry some more about lack of insur- make sure that the medical implant is intact f ance. We are covered by my employer’s and that the bone graft is growing success- ADMINISTRATION OF OATH OF insurance, which pays for most of the fully. Within the next 5–10 years I will need OFFICE drugs, equipment and the additional another surgery to replace the metal im- health care he needs, but what would The PRESIDENT pro tempore. If the plant with new technology. If the implant happen if we found ourselves without Senator-designate will now present breaks or I have any kind of accident that insurance? What if I lose my job? Pub- himself at the desk, the Chair will ad- injures my jaw I will require emergency sur- lic service runs deep in our family. My gery and most likely to have my jaw wired minister the oath of office. shut. I will turn 26 in October and no longer The Senator-designee, Luther husband is a retired teacher and our be eligible to be on my parents’ insurance. Strange, escorted by Mr. Sessions and older son is a policeman. It appears Pat may be moving toward nonprofit or Thanks to the affordable care act I can rely Mr. SHELBY, advanced to the desk of on being able to maintain affordable insur- the Vice President; the oath prescribed public service work as well. Will he ance and feel comfortable about my health. I have health insurance? Will he have it can trust that I will not be turned away due by law was administered to him by the President pro tempore; and he sub- without the ACA? I can promise any- to my pre-existing condition of a metal jaw one reading this that you know some- and history of aggressive tumors. I can be scribed to the oath in the Official Oath sure that I will not reach a lifetime limit of Book. one whose life has been or will be posi- coverage when I need another surgery, (or if The PRESIDENT pro tempore. Con- tively impacted by the ACA. There are the worst happens and I need to have emer- gratulations, Senator. 20 million people like our son, Patrick. gency surgery). When the doctors first found (Applause, Senators rising.) Don’t allow a repeal of the ACA. Fix this tumor when I was seventeen, they told the problems, work the issues, but f me not to go to college because I needed so don’t play politics with our son’s life. many surgeries. I was planning to attend art EXECUTIVE CALENDAR—Continued Linda Crist, Lynchburg, VA: school in Maryland, my parents lived in Con- The PRESIDENT pro tempore. The I had employer provided health care for 38 necticut and my doctors were in Boston. I years. In 2013 I lost my eyesight to macular was determined not to let a medical problem Senator from Vermont. degeneration and could no longer work. An control my life. I went to and graduated Mr. LEAHY. Mr. President, I have a insurance company covered me for $695 a from college in Maryland and am now en- simple unanimous consent request, but month (just me). With the lost income, I rolled in graduate school pursuing masters of before I do, I congratulate the new Sen- could no longer afford insurance. I contacted fine arts in Richmond Virginia. I rely on the ator from Alabama. It is unusual that them and was told there was a new plan I affordable care act for safe and reliable ac- I have someone here taller than I am. could apply for. I applied and was denied due cess to doctors all over the country. I have Mr. President, I ask unanimous con- to a ‘‘pre-existing condition.’’ You see, in been able to live my life independently be- sent that I be permitted to yield the re- 1984— cause of the freedoms and access to mainder of my time on the issue before healthcare it has provided. I am a recent Vir- Decades before— us to the senior Senator from New ginia citizen, but I love it here. I am proud I was diagnosed with kidney disease. I was of my representation and I hope that my York. treated and, according to my physician, story will help you work towards saving The PRESIDING OFFICER (Mr. cured. The insurance company didn’t care. I health care in our country. PERDUE). The Senator has that right. applied for insurance under ACA and got a The PRESIDENT pro tempore. The The Senator from Virginia. silver plan that cost me $345 a month. I was Senator will suspend. Mr. KAINE. Mr. President, I would given a tax credit of $500 monthly and I Mr. KAINE. I will suspend and return like to resume my remarks following chose to only use a portion of it. The ACA following the swearing in. the swearing in. saved me while I was waiting for Medicare to kick in after receiving Disability. I am sure f I also offer my congratulations to my new colleague. my premium would have gone up with the CERTIFICATE OF APPOINTMENT Ann Odenhal, Richmond, VA: ACA but it saved me when I needed it.’’ The PRESIDENT pro tempore. The On New Year’s Eve, 2013, we were informed John Carl Setzer, Winchester, VA: Chair lays before the Senate the cer- that our youngest son, Patrick, 18 years old, My son was born in 2009 with a severe con- tificate of appointment to fill the va- had Type 1 Diabetes (T1D), an incurable dis- genital heart defect, called Hypoplastic Left cancy created by the resignation of ease that comes with a lifetime of insulin de- Heart Syndrome (HLHS). Basically, he was Senator Jeff Sessions of Alabama. The pendence, injecting oneself six to eight times born with half a heart and required three a day. The cause is unknown, it is not a life- open-heart surgeries. All of his treatment is certificate, the Chair is advised, is in style disease and there is no escaping it once considered palliative. In 2009, he had the first the form suggested by the Senate. diagnosed. The beta cells on our son’s pan- two heart surgeries, in addition to another If there be no objection, the reading creas just stopped working. T1D is extremely on his diaphragm. He was hospitalized for of the certificate will be waived and it dangerous and when not managed can cause many weeks. He had insurance under my em- will be printed in full in the RECORD. blindness, kidney failure, limb loss, other ployer-based coverage. Clearly he had a pre-

VerDate Sep 11 2014 08:54 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.035 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1000 CONGRESSIONAL RECORD — SENATE February 9, 2017 existing condition. But the other issue is Florida and that the percentage of our I am 68 years old. I am a woman who de- that he almost maxed out his insurance cov- population that is elderly is very high, pends on Social Security and Medicare. My erage in the first year of life. My under- which translates into 4 million people years in the workforce were meant to help standing is that the ACA eliminated the life- in my State on Medicare for access to cushion my retirement with money I in- time caps on insurance coverage, and my vested from dollars earned, and now my liv- wife and I blew a major sigh of relief. Other- health services, and another 3.5 million ing and my access to health care are threat- wise, we would have had to switch his cov- Floridians rely on Medicaid and CHIP ened. Please, please, do all you can to pre- erage from my insurance to hers. However, for care. So that alone is reason to be vent the loss of these important hard-earned he required another surgery a couple years concerned about this appointment. necessities. later and will at some point likely require a Another nearly 2 million Americans That is what she wrote to me. heart transplant. Thus, the insurance games signed up for coverage under These are just two examples of sen- would have continued. The ACA eliminated healthcare.gov—specifically 1.8 million iors for whom we need to stand up and that burden on us, at least until he is an in the State of Florida. That is more adult. The lifetime cap is not something I fight. hear debated much these days, but it is signing up under the ACA under Half of all Medicare beneficiaries something to consider for people that have healthcare.gov than any other State. have incomes of less than $24,000, and major health complications. Please consider Nine million other Floridians get their they have savings of less than $63,000. I this in future legislation, in addition to cov- health coverage from their employers want to say that again because that is erage for pre-existing conditions. and benefit from some of the ACA pro- the condition of many senior citizens. I will read one more story and then tections, such as prohibiting insurers Half of all Medicare beneficiaries have cede to my colleague. I have so many from imposing lifetime limits or dis- incomes of less than $24,000, and half of more that I want to read, and this is criminating against people with pre- those beneficiaries have savings of less just 1 or 2 percent of the 1,654 stories existing conditions. That is another 9 than $63,000. Based on these numbers, that my office has received in 3 weeks. million Floridians. seniors simply can’t afford to pay 11 Jennifer Smouse, Midlothian: I am concerned that, if confirmed, percent more out of their pocketbooks In 2008, my husband started his own con- Congressman PRICE would be the Presi- for benefits. Seniors can’t take a struction company after the national home dent’s top adviser on these important chance on Congressman PRICE as their building company he worked for pulled out issues and that he would be responsible HHS Secretary by virtue of what he of Richmond. It was our first time being self- for upholding President Trump’s prom- employed and along with adjusting to the has already said and what his record is ise to protect Medicare and Medicaid. in the Congress. idea of not receiving a paychecks on the 15th He would be responsible for upholding and 30th of each month, we needed to secure The Congressman also supports rais- our own healthcare coverage for our family President Trump’s promise that any ing the Medicare eligibility age to 67, of 5. We submitted our applications for insur- ACA replacement plan will ‘‘have in- forcing seniors to wait for benefits ance, and were notified a short time later surance for everyone.’’ That is what they earned during their working that we would not be offered coverage for our Candidate Trump said. years. They have been waiting pa- oldest child. He is on the autism spectrum This nominee would be responsible tiently until they reach age 65, and and they were denying him coverage based for upholding President Trump’s prom- now it is being pushed up another 2 on his Autism diagnosis. We were shocked— ise to keep in place the protections years. By increasing the age from 65 to our son was high functioning and was not in that prevent insurance companies from 67, Congressman PRICE is forcing Amer- need of any special medical services. . . . discriminating against individuals icans to work longer to maintain the And he still received this denial. with preexisting conditions. How many health coverage they were promised or With the passage of the ACA, we no longer times before the ACA did we have some forcing them to go without insurance. had to worry about being denied coverage of our constituents tell us they were due to a medical diagnosis. The system is Approximately 92 percent of older not without its flaws. Our premiums were ex- denied coverage because they had a adults have at least one chronic dis- tremely high in addition to the high deduct- preexisting condition—a rash. Because ease, and 77 percent of older adults of the law, no one can be denied health ible, and it was a stretch to afford the plans have at least two chronic diseases. For- insurance now. even with the credits available to us. But at going critical health coverage is not an least we felt on even ground. That in addi- Yet Congressman PRICE’s record and tion to parenting a child on the autism spec- the policies he has supported through- option for these folks, and who is going trum, we didn’t also have the challenge of se- out his seven terms in Congress are in to stand up and fight for them? I know curing healthcare coverage for him. direct conflict with President Trump’s Senator KAINE and I will. The Congressman refused to answer I have other stories. I may resume stated goals. In fact, Congressman my question in the Finance Committee my seat, but I will now cede time to PRICE’s proposed budget in the House on whether he supports the ACA that my colleague from Florida, Senator cuts nearly $500 billion from Medicare saved seniors money on the cost of NELSON. and turns it into a voucher program. their prescription drugs by closing the The PRESIDING OFFICER. The Sen- His plan would give seniors a fixed dol- ator from Florida. lar amount—that is the voucher—to Medicare D gap that we call the dough- Mr. NELSON. Mr. President, just like buy insurance. Most every economist nut hole. Under the ACA, more pre- the distinguished Senator from Vir- would tell us that means higher scription drugs were paid for by Medi- ginia, I, too, have had so many Florid- monthly premiums. According to the care than had been the case before. ians reach out to me. And sometime in nonpartisan Congressional Budget Of- What that translates into in Florida is the next 12 hours—literally in the next fice, turning Medicare into a voucher seniors saved $1,000 a year, thanks to 12 hours—we are going to vote on the program would cause seniors to pay 11 the reduction of the gap in the pre- confirmation of the President’s nomi- percent more out of their pockets. Is scription drug coverage. So why in the nee for the Health and Human Services that what we want to do to our senior world would we want to get rid of Secretary. The reason so many people citizens? I don’t think so. We better something that is saving our seniors are reaching out to us, giving us these think about it. money and is doing exactly what it was personal stories, is that HHS is the pri- I can state that the seniors in my intended to do—save them money on mary agency for protecting the health State are petrified when folks start their prescriptions? We should be look- of all Americans as an agency. You messing with their Medicare. One of ing for ways to lower, not raise, the could certainly say we ourselves are my constituents said in a letter that he cost of prescription drugs for our sen- primarily responsible for our health, or wrote to me: ior citizens. In November of last year, Congress- in the case of children, their parents, I hear that Congress is proposing changes but when you get to an agency of the to Medicare, which would provide a fixed- man PRICE said that he wants to over- U.S. Government, it is HHS. It provides dollar amount to purchase medical insurance haul Medicare in the first 6 to 8 months health coverage through Medicare and in the private sector. This monumental shift of the Trump administration using a Medicaid, the Federal marketplace, would put an undue financial burden on fixed fast-track procedure known as rec- and the Children’s Health Insurance income retirees. onciliation—getting around the 60-vote Program. Linda, another constituent from threshold requirement that forces us to I don’t want it to be lost on the Sen- Tampa, wrote to me back in January have bipartisan compromise on the ators—you know a little bit about and said: floor of the Senate in legislation. That

VerDate Sep 11 2014 02:41 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.037 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1001 is what he said he wanted to do to force knowledge, a lot of integrity to this conditions’’ started at conception. Three it through on a reconciliation bill. job, and I look forward to working with years ago, he lost his full-time job with Well, I don’t think that sounds too him for the people of Alabama and for health insurance benefits. The ACA allows him to continue receiving medical care and good. our great Nation. purchase his lifesaving medications. He sup- So when you look at all of this, what I yield the floor. ports himself through multiple part-time is the conclusion? The Congressman’s The PRESIDING OFFICER. The Sen- jobs, but employer-based insurance is just record and statements made as re- ator from Virginia. not an option for him at this time. cently as 3 months ago do not match Mr. KAINE. Mr. President, I thank Shannon Linford, Leesburg: the Chair for allowing me to retake the President Trump’s promises. Our coun- My name is Shannon Linford, I’m 24, and try deserves an HHS Secretary who floor to speak about the nomination of from the age of 10, my life has been a series will uphold those promises, not inflict Congressman PRICE to be HHS Sec- of doctors office visits. I suffer from over a deep, harmful cuts that fundamentally retary, and to read stories from Vir- half dozen chronic illnesses, physical and alter the health and financial security ginians who are afraid about repeal of mental, and require frequent checkups and Medicare provides Americans in their the Affordable Care Act. take up to 15 prescriptions a day. I have later years. Mark Priest, Alexandria, VA: spent the last 14 years balancing illness with I am a self-employed entrepreneur and con- my attempts to build a life. That would not For these reasons and others, some- have been possible were it not for the provi- time in this next 111⁄2 hours when we sultant. Since I work for myself I do not have access to a special pool from an em- sions of the ACA that prevent insurance vote, I am going to vote no on this companies from denying me service for my nominee. There is too much at stake ployer that would make health insurance more affordable. Starting in 2014 I was in- illnesses or allowing me to stay on my par- for our seniors to give this nominee sured through the ACA and I was able to find ents’ insurance until I am 26. I’ve had to control over these programs. an affordable policy to cover myself. I think take a detour from pursuing higher edu- Mr. President, I yield the floor. that there is a mistaken notion that if you cation due to these illnesses, as well as get- The PRESIDING OFFICER. The Sen- are employed, you automatically have access ting a job, and instead spend the days I’m ator from Alabama. to affordable health insurance. The ACA well enough volunteering with nonprofits that advocate for others with illnesses like SENATOR LUTHER STRANGE isn’t just for the unemployed. I work hard and I am a small business owner. The ACA mine. My team of doctors and I work to- Mr. SHELBY. Mr. President, I would gether personally to create a plan that is like to take a few minutes this after- makes it possible for me to afford health care. best for me. We are exemplifying health care noon to talk about some of the events at its best. They know me by name, they that happened here in the past 24 Constance Burch, Fort Valley, VA: know each other by name—across dis- hours. I am a 53 year old single female who is self ciplines, they work and collaborate together. Less than 24 hours ago, we confirmed employed as a Voice and Piano teacher. I I would not have this luxury were it not for my colleague—former colleague now— have always prided myself on being able to the ACA. If insurance companies could deny care for myself and provide the basic neces- Jeff Sessions to be Attorney General of me coverage due to my preexisting condi- sities. Before the ACA I had to pay over $450 tions I was born with, my family and I would the United States. After he was con- a month for health care on a net income of go into bankruptcy trying to give me basic firmed, he resigned as Senator and has $19,000. This meant some months having to care. My health is finally under good man- been sworn in as Attorney General of use credit cards for other necessities such as agement. I’m going into remission with my the United States this morning. food and gasoline to get to my lessons. depression thanks to new experimental The Governor of Alabama, Gov. Rob- Thanks to President Obama, that all treatment with my psychiatrist. Things are ert Bentley, subsequently appointed changed and based on my income, my fee was looking up, thanks to the provisions in this reduced to $33 a month. I literally cried for LUTHER STRANGE, who is our newest remarkable legislation. Revoking this law joy that someone finally did something to Senator. He was our attorney general would be criminal and would destroy lives, help those of us who work hard and deserve destroy futures. Thank you so much for your until a few hours ago—a second term as the same quality health care that the more hard work. attorney general. I want to tell you a fortunate are able to have. It is fair and Anna M., Vienna, asked that I not little bit about our newest Senator quite honestly it was the first time in my use her last name: from Alabama here in the U.S. Senate. life that I truly felt that the government ac- He is someone I have known for tually did something to help me personally Without the ACA, I would likely be dead. I and those in the same position. live with bipolar disorder, an incurable men- about 35 years and someone I have tal illness that causes my moods to swing spent a lot of time with, off and on. I Deb Fuller, Alexandria, VA: uncontrollably from intense anxiety to know his wife Melissa. I know his sons. I rely on the ACA for my health insurance crushing depression. I began seeking help We have traveled together. As the Pre- because otherwise, I would not be able to get five years ago and once spent two weeks in siding Officer would appreciate coming it. My job, writing K12 textbooks and other an intensive outpatient hospital program be- from Georgia, we have had time to be educational material, has largely been cause I was suicidal. I got help, but later lost outsourced, and full-time permanent posi- my job and my insurance, making my dis- in Georgia and other places hunting tions with benefits are nearly nonexistent quail, ducks, geese, and doves together. order a preexisting condition. Thankfully, these days. The majority of the work is as a the ACA prevents my new insurance from re- You get to know somebody pretty well, ‘‘flexible workforce’’, which is the fancy fusing coverage, and I was able to continue as the Presiding Officer knows. term for a freelancer or contract employee. treatment. I will need to control my bipolar I believe this was a great appoint- Having the ACA means I can continue work- disorder with medications and therapy for ment by our Governor. This is someone ing these contracts instead of trying to fig- the rest of my life. Without treatment, I am who will hit the ground running. He is ure out how to completely change profes- at a higher risk for long-term unemploy- going to be involved in the issues. He is sions because I need a job that provides ment, becoming homeless, incarceration, and a team player. He is going to work health insurance. Before the ACA, my saint dying by suicide. With treatment, I work of a doctor went back and forth with health full-time, pay my taxes, volunteer for local with us in the Republican caucus and insurance companies trying to convince work for what is in the best interests charities, and I am a loving daughter, sister, them that I wouldn’t cost them too much and friend. of the State of Alabama and the Na- money in the long run. They literally looked Katie Rugg in Henrico: tion, which we all need to do. for anything to deny me coverage. One rejec- He is a graduate of Tulane Univer- tion letter mentioned cold sores in the litany I was paying half of the cost of my rent sity, undergraduate and law school, of reasons why I was completely uninsurable. and health insurance every month and still having to pay for services every time I went and you might be able to tell he may Ninety percent of the population has cold sores. Now, insurance companies make back to be seen. I never knew how much things have been a basketball player in his would cost when I needed to be seen, either! their money on me because I pay them vast- youth and probably still would be. So I was paying an outrageous amount for ly more than they cover because I don’t get I look forward to working with him. health insurance and also afraid to go see a sick that often or visit the doctor that often doctor if I had any issues because it was I am going to miss Senator Sessions, outside of routine checkups. I also have going to cost me more money than I had on who is now our Attorney General, peace of mind that if I am out on horseback top of everything else. I was already living someone I worked together with for 20 riding or hiking on a trail, I won’t be put in paycheck to paycheck, with a full-time pro- the poor house because I landed in a heap years. I have been here 30 years, so to- fessional job in my field and a masters de- and had to go to the ER. gether, as I said yesterday, we have 50 gree, and seriously considering going with- years. Lauren Carter, Lovingston, VA: out any insurance at all. When the ACA was LUTHER STRANGE is going to hit the My 39 year old son has cerebral palsy and passed, my employer offered a discounted op- ground running. He brings a lot of a blood clotting disorder. His ‘‘preexisting tion through the affordable care exchanges. I

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.038 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1002 CONGRESSIONAL RECORD — SENATE February 9, 2017 decided it was worth trying. It cut my And even though our premiums have gone up sibly double for health care, procedures and monthly costs by more than half and it pays $2,000 a month under the ACA, at least we lab tests because I would no longer be eligi- for services at 100 percent of the Medicare fee still have insurance. Under the Republican ble for the negotiated prices contracted by schedule. The cost is deducted directly from Senate’s repeal of the preexisting condition the health insurance company. Still, I was my paycheck, and every provider that I have provision, we will not be able to get, much almost out of money. Then the ACA was seen has been happy with the prompt and less afford, any insurance in the future. This passed. My rates fell to between $50 and $60 predictable payment, even if it requires some will have devastating consequences to my per month for better policies than I had be- explanation at first. The way it works is that daughter’s health. She is only 15 years old. fore making the switch. At 62 years of age, I I would pay the difference if there was any She deserves a chance in life. I have not even am faced with health care needs that con- between the cost of service and the Medicare touched on how no our insurance will affect tinue to increase. As a cancer survivor (21 fee payment. So far, any additional cost to my husband’s Parkinson’s Disease. We are years and counting!), it is imperative that I me, besides occasional lab work, which has upper middle class income Americans. I am be proactive regarding health care. In fact, been very minimal. And my regular chiro- not asking for a handout. We are paying having a good doctor under an affordable em- practic care has been completely covered. It more that 25 percent of our income for ployer-sponsored health care plan is what has been phenomenal, like the difference be- health care related expenses. And I can’t saved my life 21 years ago. Please, don’t tween day and night for me. Not only did imagine the affect this has on people with allow this lifeline to be abolished! this option allow me to feel comfortable less resources than we have. Do you know Heidi S., of Richmond, asked me not going in to see a doctor when I had an issue what happens if you get sick or a disease and to use her last name: instead of when I had to and was already you don’t have or can’t have health insur- sick, it also helped me put some money away ance or medical treatment? You die. Seri- Thanks to the passage of the ACA, I was into a modest savings. Most importantly, ously, health care costs are out of control in able to stay on my parents’ health insurance with housing costs continuing to rise and my America and health care is a basic right, and plan until I turned 26 years old. This policy change allowed me to go back to school at 24 paycheck staying absolutely static for 31⁄2 people are dying. years old to pursue a Masters degree, during years, I was finally able to buy my own Cynthia Elliott, Hillsboro: house through a first-time homeowners As- which time I was diagnosed with a malignant Gov. Kaine, Without the ACA, I and many sistance loan. It took a year of looking and melanoma. The mole was not of concern to other younger seniors whose jobs do not pro- saving aggressively, but I have done it. I me at all and was found during a routine vide health care would simply be without have done it! Losing my ACA insurance check-up. If I did not have access to my par- until Medicare kicks in. I was paying $1,000 would be devastating. I have come too close ents’ health insurance during that time, I a month for HMO care. Until I couldn’t. But to homelessness with the financial pressures surely would not have had access to the pa- with the ACA, I was able to get coverage for I face in this economy. I don’t want to lose thologists and surgeons who diagnosed and a reasonable $300 a month. And this one in- now what I have worked so hard to gain. removed the cancer before it had the chance cludes dental care! It is simply a lifesaver for Thank you, Sen. Kaine, for what you are able to spread. While no one knows what would me. to do to help people like me. have happened if this tumor not been re- Mary Lloyd Parks, Richmond: moved, I truly feel that I owe my life to the JoAnne Loiselet, Clifton: ACA. Clifton, VA. We have excellent insurance coverage (though expensive) through my husband’s Finally, Christopher Woodroof from My story is I’m sure like many other partnership in a large law firm, and we’ve Bedford, VA: women. I was a stay-at-home mom and in been grateful. We have two daughters, now 21 Dear Senator Kaine, In September of 2011 I 2009 my husband, who owned his own busi- and 23. Our oldest has cystic fibrosis. The Af- ness, and I separated and ended up divorced began receiving Social Security Disability fordable Care Act has allowed her to stay on Benefits, not from an injury, but from an ill- 3 years later. He is not required to keep my her health insurance policy through college, children insured and he cancelled their ness I was diagnosed with 12 years ago, a rare and now in her first year as an Urban Teach- blood disorder caused by a mutated gene in health insurance without me knowing it. ers fellow in Washington, DC where she is The company I started working for doesn’t my bone marrow. I worked as many years as teaching first grade and studying at night to I could, but eventually I became unable to. offer health insurance, and we went without, get her master’s degree in elementary and until the ACA went into effect. Our pediatri- The company I worked for insurance plan special education. While her health is cur- had a $10,000 deductible, so for me having to cian didn’t charge me for office visits and rently good, the medicines she requires to only for vaccines. When needed, we borrowed go to the hospital twice a month for most of maintain her health are extremely expensive the twelve years, it has taken all of my sav- money to help pay the bills. If the ACA gets and without our insurance, she would not be repealed, what would we do? What would ings and retirement I had accumulated to able to afford them. The prescriptions cost cover my medical bills. Seven years ago we happen if my son breaks his arm or my thousands of dollars every month. We are daughter breaks her leg? How could I pay for had to cancel my wife’s health insurance due quite fearful that when she turns 26, her pre- to the high cost. Due to the high cost of med- that? I make $50,000 and live in Fairfax existing condition—a very expensive and County and I could end up in bankruptcy. We ical care, my wife would not see her doctor lifelong disease that requires routine hos- at times she really needed to. The amount of have a right to have insurance and live with pitalizations and even lung transplants— peace of mind. disability I receive barely covers our basic would make her virtually uninsurable. We needs, so she felt we could not afford a doc- Laura Kreynus, Mechanicsville: are counting on the ACA to be in place when tor bill. Under the Affordable Care Act, she My daughter was diagnosed with Crohn’s she can no longer be insured as a member of qualifies for a decent policy that cost us $30 Disease in April of 2013. That September, my our family. She has chosen a profession that a month. This has enabled her to start seeing husband was diagnosed with Parkinson’s Dis- may not allow her to afford the care she her doctors again and made her prescriptions ease. We are farmers, we raise food for Amer- needs, and she was born with a chronic seri- for asthma affordable and obtainable again. ica. As such, we are independently insured. ous illness that would be a pre-existing con- This coverage is a lifesaver for us and I’m Prior to finding a plan through the ACA in dition that a future insurer could use to not sure how [we] could handle losing it. January of 2015, our monthly insurance pre- deny her coverage or to charge her prohibi- Please convince your colleagues in the Sen- miums were increased to nearly $3,000 a tively high premiums. ate to show some compassion for those who month—yes, a month. On top of that, our Just four more. worked hard all their life, only to lose every- health care insurance had an annual cap on Carry Hawes from Midlothian: thing because they became ill. Thank you for prescription coverage of $5,000. The Humira Sometimes people forget how much is en- your service and all you have done for Vir- that my daughter takes to combat Crohn’s compassed in the ACA. If not for the ACA, ginia and the American people. God bless retails for $3,800 a month, and that is not the my husband would be dead. Diagnosed with a you. With kindest personal regard, Chris only medication she needs. So basically, fatal liver disease in 2007, he needed a liver Woodroof. after one month, we reach the prescription transplant and he ended up getting two. On This is not a game. This is not poli- coverage cap, meaning we would have to pay July 19, 2012, he received a new liver at UNC $3,800 a month for her medication on top of tics. This is not a debate. These are the hospital. He regained his life and we were $3,000 a month in premiums. Who has an lives of dozens of Virginians sampled able to move home to Richmond to take new extra $6,800 a month to pay for this? This is out of 1,600 stories that have been sent jobs and begin a family, knowing that his way more than we earn every month. With preexisting condition would be covered under to me in the last 3 weeks, all saying to the health insurance plan we got through the the ACA. We were able to live without fear this body one thing: Do not repeal the ACA, our premiums for 2015 were $1,500 a that an employer would deny us coverage be- Affordable Care Act. Do not jeopardize month, less than half of what we would have cause he was high risk. the health care of 30 million people. Do been paying. But the real saving grace was not jeopardize the peace of minds of no prescription cap, so my daughter’s medi- Sammye Newman, Richmond: cations are covered with a copay after we Before the ACA became law, I was paying parents going to bed at night and mak- reach the deductible. This is still a lot of more than $1,200 a month for health insuring them wonder what will happen if money, but at least we can treat our daugh- ance. Quitting altogether was one alter- their child gets sick tomorrow or if ter’s disease and hopefully keep her healthy. native, but it would have meant paying pos- they lose their job.

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.041 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1003 We can improve, and many of these sistance. It gives me hope and encourage- happen to come from low-income fami- letters point out things we need to do ment that he will someday grow up to be a lies, seniors who want to get into nurs- to improve the Affordable Care Act. contributing member of our next generation. ing homes. All of those concerns are But we shouldn’t even be contem- That is Anthony’s story of all of the uppermost when I consider his nomina- plating a repeal of a law that provides benefits he and his family have derived tion. so much good to so many. This is one from Medicaid or, as we call it in Penn- What I was hoping he would say to of the main reasons, when we vote sylvania, the Medical Assistance pro- me in our meeting in my office—a very later today, I am going to be opposing gram. cordial meeting where we debated a lit- someone who wants to repeal the Af- The second Pennsylvanian I will talk tle bit—and then after my questions to fordable Care Act—Congressman TOM about is Rowan. I spoke about Rowan him both in the Health, Education, PRICE, as he has been nominated for on the floor just a number of days ago. Labor, and Pensions Committee, and HHS Secretary. I am quoting from Rowan’s mom’s let- the Finance Committee, the committee Mr. President, I yield the floor. ter. Pamela wrote: from which his nomination origi- The PRESIDING OFFICER. The Sen- Rowan was diagnosed with Autism Spec- nated—I was hoping he would say: I ator from Pennsylvania. trum Disorder in March of 2015. was for block-granting Medicaid and He was extremely hyperactive and since he changing Medicare and making all Mr. CASEY. Mr. President, I rise this refused to nap, he was a severe distraction. I afternoon to speak about the nomina- those proposals as a House Member, as cannot stress enough that we had zero other a leader in the debate about the budg- tion of TOM PRICE to be the next Sec- options for our family. For months, I would et. But I am going to be in different retary of Health and Human Services. receive calls about Rowan being aggressive I wish to start this afternoon with a to other children. This broke my heart. No place now, and I am not going to push couple of names—just five, and I will parent wants to hear that their child is hurt- those ideas. I am going to have a dif- use just first names—five Pennsylva- ing other children. ferent position, and we are not going to nians whom I will refer to in my re- Late January 2016, I applied for Medicaid go in the direction of doing that any [Medical Assistance]. After Rowan was longer, so I want to separate from what marks. I am certain I will get to the awarded MA, we were able to obtain wrap- I was proposing as a Member of the first two, and I hope to get to all five. around services. House. I have no assurances that his First is Anthony; second is Rowan; Then she talks about a behavioral advocacy or position on these issues third is Rebecca; and fourth and fifth specialist consultant, a therapeutic will be any different. are Hannah and Madeline, two sisters staff support worker, and all the help Now we have the administration em- whose story inspired me and continues that came with those individuals. bracing the very issues that in the to inspire me today. I will start with Specifically she helped to alleviate his ag- campaign the candidate said he was Anthony because I think his cir- gression and combat his over-stimulation. against. The Presidential candidate cumstance and that of his family are The wrap-around services have been a God- said that he wouldn’t touch Medicare; good reminders of how important the send. he wouldn’t touch Medicaid. You know Medicaid program is to families across Ultimately, Rowan benefited from a the statements I am referring to. the country. social skills program. When we talk about Medicaid and Anthony’s mom wrote us a letter. I This program is a social skills program why it is such an important issue in will read pertinent parts of it to sum- specifically for Autistic children ages 3–21. I this confirmation process, what are we marize his circumstance. His mom enrolled Rowan in November. Rowan has talking about? In addition to Rowan writes in the opening part of the letter: benefited immensely from [this program]. and Anthony and children like that, we My son, Anthony, was born at 25 weeks and Thankfully it is covered in full by MA. are also talking about the fact that 45 he weighed one tiny pound. We were over- Then she concludes, in part: percent of all the births in the United come with medical bills which Medicaid Our family would be bankrupt or my son States of America are paid for by Med- thankfully paid for us. Since his birth he has would go without therapies he sincerely icaid. A lot of people don’t know that, had multiple health crisis, seizures, sleep needs. disorders just to name a few. but that is the truth. One in five sen- Overall, we are desperately in need of Row- iors receives Medicare assistance Most recently, Anthony was diagnosed an’s Medical Assistance and would be dev- with Autism spectrum disorder, Tourette’s astated if we lost these benefits. through Medicaid. That is one of the reasons so many seniors are concerned syndrome, severe obsessive compulsive dis- So we have two young boys in Penn- order, and Dyspraxia. about not just what happens to Medi- sylvania. Their stories are told by their All of those in the life of one young care, but what happens to Medicaid. moms, and they are telling us: Don’t Another reason for seniors to be con- boy— cut Medicaid. Don’t destroy Medicaid, She says: cerned: Two-thirds of nursing home as some proposals have been not just residents are covered by Medicaid. So Last spring, we were faced with the deci- debated here in Washington, not just sion of putting him in a residential treat- when we talk about block-granting, theorized about; these are policies that which leads to massive cuts to Med- ment program. If not for his Medical Assist- Members of Congress have voted in ance— icaid, we had better be concerned about favor of. it because it means nursing home resi- The name of the program for Med- But now it is a little different. Now it icaid in Pennsylvania— dents are adversely affected. is not just voting in favor of so-called Medicaid covers 40 percent of all the this would have never been an option for us. block-granting—a very benign term, children in the country with health In other words, they wouldn’t be able ‘‘block-granting.’’ I would rather use care—40 percent. For poor children, 75 to get him into a residential treatment the word ‘‘destroy,’’ but we can debate percent get their health care through program. Ultimately, Anthony’s family that. This is a live issue now because Medicaid, and 60 percent of all children chose to get him intensive outpatient we have people who are still proposing with disabilities are covered by Med- treatment, which Medical Assistance block-granting, and we have a Presi- icaid—60 percent. also covered. Anthony’s mom Corey ul- dent who—at least one member of his How about if you live in a rural area? timately decided to stay home and care administration said he would sign such Let me give a sense of what the cir- for Anthony, so she had to leave the legislation or at least support it. That cumstance is for Pennsylvania. We job at which she had worked for 20 gets to the point of my basic disagree- have 67 counties, 48 of them are rural, years. She said: ment with what Representative PRICE and a lot of people in those commu- If we lost coverage, we would not be able to has not only supported but led the nities are covered by Medicaid. By one provide the support he needs. We are sure of fight on in the House of Representa- recent estimate, more than 278,000 that. tives. rural Pennsylvanians are covered by Toward the end of the letter, she I disagree totally with his budget Medicaid. We know that hospitals in says: proposals to block-grant Medicaid for rural areas depend upon Medicaid. In 15 My son Anthony is currently attending the reasons that I just outlined—be- rural Pennsylvania counties, hospitals school almost regularly and functioning the cause of Rowan and Anthony and lots were the top employer. Guess what pro- best he has for a very long time thanks to of children in Pennsylvania like them, gram supports those programs, keeps the services he received from his medical as- children with disabilities, children who the doors open: Medicaid.

VerDate Sep 11 2014 02:41 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.042 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1004 CONGRESSIONAL RECORD — SENATE February 9, 2017 On and on, we could talk about job I will try to return later to go particular, Oklahoma beef producers loss that results from cutting Med- through some other issues with regard are chomping at the bit to get more ac- icaid. So if we are serious about help- to the nomination. cess to the Japanese market. ing children with disabilities and pro- At this time, I will yield the floor. In addition to agriculture, my State tecting seniors, we should think long I suggest the absence of a quorum. is an energy State, as I mentioned, and and hard before voting for the block- The PRESIDING OFFICER. The Japan is a nation that is hungry for en- granting of Medicaid. clerk will call the roll. ergy. In fact, Japan has accounted for One final point just with regard to The senior assistant legislative clerk 37 percent of global LNG purchases Pennsylvania Medicaid. proceeded to call the roll. since 2012. LNG is liquefied natural gas. If Medicaid were to be block-granted, Mr. CASEY. Mr. President, I ask I am biased because we are a major as many legislators have supported and unanimous consent that the order for producer in the State of Oklahoma. It voted for, if that happens and if the Af- the quorum call be rescinded. is something they need, and they need fordable Care Act were repealed with- The PRESIDING OFFICER. Without to get it from someone. We ought to out a replacement, Pennsylvania objection, it is so ordered. make this a bilateral arrangement. A alone—one State—would lose $80 bil- Mr. CASEY. Mr. President, before I trade agreement with Japan would lion over 10 years. This is a 38-percent recommence my remarks, I see the sen- streamline the current lengthy and reduction in funding for Pennsylvania. ior Senator from Oklahoma, Mr. pretty cumbersome process for LNG ex- I am going to fight anyone who tries to INHOFE. I want to make sure that if he ports to Japan, ensuring that they take $80 billion away from Pennsyl- is prepared to take the floor, I will have a reliable source of energy pro- vania for health care. yield. duction and providing jobs to Okla- I would hope that if Representative The PRESIDING OFFICER. The Sen- homa at home. PRICE were confirmed, he would aban- ator from Oklahoma. In addition to Japan, Taiwan is a don those reckless, extreme ideas to Mr. INHOFE. Mr. President, I thank close friend and ally to the United block-grant Medicaid because of the the Senator from Pennsylvania, and States and our ninth largest trading consequences for seniors, for children, the answer is, yes, I am prepared. partner. As I happen to be the chair- and for individuals with disabilities. BILATERAL TRADE AGREEMENTS man of the Taiwan Caucus, I know I don’t have a chance to get too far Mr. President, President Trump is firsthand how important it is to into Medicare today. If I can, I will a meeting this weekend with Japanese strengthen the U.S.-Taiwan relation- little later. I will try to come back to Prime Minister Abe, and so I want to ship, which we can do by engaging in some of the stories people have written take this opportunity to talk about the direct bilateral trade agreement nego- to us about the impact of the Afford- need for bilateral trade deals. tiations with that country. There is no able Care Act on their lives. We have heard during the campaign reason for us not to. I believe that a key component of Let me quickly go through some and since he has been elected President any trade agreement, including with points about Medicare. We know that of the United States that Donald Taiwan, is an effort to ensure that food in a State like ours, one of the oldest Trump has not been adverse to trade. safety and animal health regulations States in the country, about 21⁄2 mil- He said he is for fair trade. I think that are aligned and based on science to en- lion Pennsylvanians rely on Medicare makes sense, that we should have it. sure that any differences do not be- to help them pay for health care costs. I would like to talk about some of come non-tariff trade barriers. This Thank goodness we have Medicare in the problems that are there that I would enable us to directly address the place. What we would not want to have think he can correct that had not been ban Taiwan has against U.S. pork be- happen in Pennsylvania is the enact- corrected by the previous administra- cause we use an ingredient called ment—and as I said before with regard tion. ractopamine in our feed to keep the to Medicaid, now this is a live issue. Bilateral trade agreements with our hogs lean. It is perfectly safe, but Tai- You have Senators and House Members key allies should be a priority for this wan uses that as an excuse to block im- Congress, and I look forward to work- in both Chambers who have already ports of our pork to their country. This ing with the Trump administration to voted for budgets that would do the fol- is an issue I have already brought up lowing: change Medicare into a pre- ensure that these agreements grow with the Trump administration and mium support program or a voucher American exports, especially for our with Wilbur Ross, who is waiting for program, which means basically you agriculture and our energy producers. confirmation as the next Secretary of give seniors a fixed amount of money For full disclosure, I must admit that Commerce. That is why we need bilat- to buy their insurance and then say: my State of Oklahoma is a major ag eral trade agreements with Japan and Good luck buying your own insurance, State and also a major energy State. Taiwan. buying your Medicare insurance. Of our many key allies, I want to Our trade relations with counties in I don’t think there are very many highlight three opportunities for the Africa are also important because, ac- people in my home State who think United States to engage in bilateral cording to the Economist magazine, six that is a good idea. trade agreements with three countries: of the world’s fastest growing econo- Of course, none of this has been on Japan, Taiwan, and then many of the mies were in Sub-Saharan Africa from the table because these budget votes go countries in Sub-Saharan Africa. the year 2000 to 2010. For too long Sub- by and people vote for the budget, and Japan has the third largest economy Saharan Africa has been ignored as a then it doesn’t go any further, so no in the world, but American farmers and trading partner for the American Gov- one feels the urgency to oppose it. Now ranchers are limited in their ability to ernment. In fact, they pretty much we have, apparently, people in both access them, and this is why: They have been ignored anyway. Houses in agreement with President have very high tariffs on things we I can remember when the continent Trump to have him sign legislation would want to export to Japan. At the of Africa was in three different com- which would change both Medicare and same time, we are buying their auto- mands. They had the Pacific Command, Medicaid. mobiles. We are buying their products. European Command, and Central Com- I think these are among the many And that is one of the typical examples mand. For this continent with its sig- reasons why I would vote against Rep- of what I think our new President has nificance, I was somewhat instru- resentative PRICE in his confirmation been referring to. He wants to have the mental in changing that, in estab- vote. After a lot of review of his record, deals that benefit equally America and lishing a new command, which is called after a lot of review on what his pro- our partners. I think we can really do the AFRICOM. The same thing has posals would mean if they were to be- that. been true in terms of not using it as a come law—and now we are at a point in We should engage with Japan to de- trading partner. our history where these issues are no velop bilateral trade agreements with a For the last 20 years, I have been—I longer theoretical; they are live issues. focus on providing new and commer- think I made my 144th African country These are matters that could be the cially meaningful market access for visit—working with that continent, subject not just of debate but the sub- agricultural exports and smoothing the and I have seen firsthand the vast po- ject of enactment into law. way for increased energy exports. In tential that is there. When they say

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.044 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1005 their economies are growing—and a lot once in a while, I have to get on the figures from Oklahoma, in terms of of times they say ‘‘Well, we are not in- floor and remind them that it is not what has happened economically in the terested in doing that’’ because they going to work. You know they are all previous year—those regulations would are not large enough yet. going to be confirmed. The votes are cost the average family who pays Fed- Last year, Congress enacted my ‘‘Af- there, and you can say anything you eral income tax in my State of Okla- rica Free Trade Initiative Act,’’ which want about some of the fine people who homa an addition of $3,000 a year, and requires government agencies—the have been nominated by this President. by their own admission, it wouldn’t ac- USTR, USAID, and other agencies—to I was privileged to visit with Presi- complish anything. collaborate on efforts to build trade- dent Trump in Trump Tower before he I can remember as chairman of that based capacity in African nations. This was President. I can remember going committee, we had Lisa Jackson. Lisa is a step in the right direction for up there to visit and seeing the people Jackson was the Administrator of the America to partner with and secure who would be advisers and the types of EPA, the first one that President deeper ties to the fastest growing people he was going to be nominating, Obama had appointed. I asked her the economies in Sub-Saharan Africa. and it was very impressive. Now we question live on TV, in an open meet- While some in our government may have gone through a situation where ing, I said: If we were to pass, either by not deem Sub-Saharan African coun- the Democrats in the Senate have regulation or by legislation, the cap- tries ready for deeper collaborations on stalled these nominations. They stalled and-trade legislation that they are trade with the United States, let me them longer than they have ever been talking about passing, and have been tell you what is going to happen if we stalled in the history of America, going talking about, would this reduce CO2 don’t. We still have this country called all the way back to George Wash- emissions worldwide? Her answer: No, China. Right now, China has become ington. All we are doing is wasting it wouldn’t because this isn’t where the very active in Africa. What you hear in time that we could be acting produc- problem is. If it is not going to accom- plish something, even if you believe Africa is, America will tell you what tively in correcting some of the prob- the world is coming to an end because you need, but China builds what you lems we have in this country. of fossil fuels, doing something in the need. The problem with that is, that OVERREGULATION United States is not going to correct doesn’t help Africa, and Africans know There is another issue. I was fortunate enough to spend several years as it. But that is the cost of rules. That is this, because China imports their own what we are looking at right now. labor to build all these things. the chairman and ranking member of a committee in Congress called the Envi- We went through 481 significant regu- So this is one of the things we are lations during the Obama administra- looking at where we can actually come ronment and Public Works Committee. It has a very large jurisdiction. It is a tion. At the last minute, after Presi- out ahead if we will get in on the dent Obama realized that Hillary Clin- ground floor and get involved with committee that deals with—as the title infers—environment and public works, ton was not going to win, he got in- these economically active countries. volved in what we refer to as ‘‘mid- And we need to focus more on building environmental and some of the overregulation that we have had, and cre- night regulations.’’ He had several of trade in legal capacities so that they these last-minute regulations he was are ready to do trade agreements, and ated real serious problems. Also, we have been successful in pass- trying to get in after the election took when that time comes, they will be ing a lot of the initiatives, such as the place—and he knew who was going to doing it with us and helping their FAST Act. That was the largest trans- be the next President—before the next economies grow. That is what our eco- portation reauthorization bill since President took office. One such mid- nomic assistance should be all about. 1998. So we have done a lot of good night regulation, finalized January 13, They grow, and we are going to grow things there. is the Environmental Protection Agen- with them. One of the problems we have had— cy’s rule entitled ‘‘Accidental Release That is a go of what was enacted in that we dealt with in that committee Prevention Requirements for Risk last year’s African Free Trade Initia- and will continue to under the chair- Management Programs Under the tive Act, and I will continue my work manship of Senator BARRASSO—is Clean Air Act.’’ EPA states that the with the new administration to ensure doing something about the overregula- purpose of the updated rule ‘‘is to im- that African nations are not left be- tion. This has been a problem, serious prove safety in facilities that use and hind. problem. In 21⁄2 months between the distribute hazardous chemicals.’’ As With China’s rising economic might, Presidential election and Inauguration you can imagine, environmentalists we need to strengthen America’s cur- Day, the Obama administration pro- will not be happy if this rule is rent relationships with some of our duced over 200 rulemakings; 41 of which changed, but I argue this rule does not strongest Asian allies, such as Japan are considered economically signifi- make facilities or surrounding commu- and Taiwan, with new bilateral trade cant rules, rules that would result in nities safer. In fact, it could put them agreements, and this will help counter $100 million or more in annual costs. at greater risk. China’s growing influence if that re- Over the course of his administration, There are several concerns with this gion too. President Obama added 481 economi- rule, but the biggest one is the na- Oklahoma farmers, ranchers, energy cally significant regulations to the tional security implications due to the producers, and manufacturers need Federal registry, over 100 more than rule’s public disclosure requirements. competitive access to international the Bush or the Clinton administra- Under this rule, facilities are required markets to sell Oklahoma-grown and tion. to share information on the types of Oklahoma-produced products. New Regulations cost our citizens, at the chemicals stored there and the security agreements with our allies would gen- current time, $1.89 trillion a year and vulnerabilities with emergency re- erate more economic activity and cre- more than 580 million hours of paper- sponders, and upon request, to the gen- ate jobs not just in Oklahoma but work in order to comply with this stag- eral public. The rule does not provide throughout America. gering amount of rules. People don’t for the protection of this information I think this is the thing that the new realize the cost of rules. When they from further disclosure once it is pro- administration is talking about when made such an effort, starting way back vided. It is well known that terrorists he says we need to have—there is no in 2002, to pass legislation that was have considered attacks on chemical justification for arrangements where aimed at trying to get into some type facilities as a way to kill citizens and we are not able to have a comparable of an arrangement on global warming— cause mass destruction in our commu- tariff arrangement where the countries and all of this to restrict emissions— nities, and of course requiring the dis- can trade with each other, and that is they didn’t realize at that time, until closure of this information to anyone what we anticipate doing. the bills got on the floor, that the cost whose asks is very reckless and impos- Let me mention one other thing. I to such cap and trade—a type of regu- sible to understand. We can’t figure out know that the Senators on the other lation—is between $300 and $400 billion why they would do that. The terrorists side of the aisle are spending a lot of a year to the American people. would have access to the same informa- time blocking or trying to block the Every time I see a large figure com- tion, which would make their job a lot nominations by this President. Every ing from Oklahoma—I get the latest easier.

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.046 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1006 CONGRESSIONAL RECORD — SENATE February 9, 2017 Congress has passed several bills to Furthermore, industries are con- of every six dollars on health care, counts on protect just this kind of information. I stantly evaluating their processes and Social Security for the majority of their in- was even the author of one of these making changes at the margins based come and on Medicare for access to affordable health coverage. bills. Under the Chemical Safety Infor- on what works best for the products Unfortunately, some congressional leaders mation, Site Security and Fuels Regu- and customers. Allowing the EPA to have discussed plans to use the health care latory Relief Act of 1999, the distribu- become a part of that conversation debate to fundamentally change the Medi- tion of sensitive information from adds a third party to the question that care program and undermine the contract chemical facilities is limited to pub- does not care about the company, the made with generations of Americans. licly available Federal reading rooms product or the consumers. The inher- Proposals creating a defined contribution and certain Federal, State and local of- ent safety of a technology or design is premium-support program; restricting access ficials and researchers who are then a relative standard. What might be by raising the age of eligibility; or allowing safer in one company or product, does hospitals and providers to arbitrarily charge barred from further disseminating the customers higher prices than Medicare; all information. This makes sense. We not mean it is going to be safer within betray the promise made to older Americans need local officials to know what they a process that is completely different who have paid into Medicare their entire should do in the event there is a prob- and in a different company. working lives. lem, but our enemies should not be For example, it may be inherently She goes on to say: able to get this information. It is fine, safe to store or use less of a hazardous Indeed, these proposals do little to actu- except you don’t want to give it to our material, but that would likely in- ally lower the cost of health care. Rather, enemies, those who are in the terrorist crease the number of shutdowns and they simply shift costs from Medicare onto community. startups due to not having enough ma- individuals—many of whom cannot afford to The new rule by the EPA does not terials on hand. Research shows that pay more for their care. provide any of these protections to the the shutting down and restarting of a So says the leader of AARP. information now required to be shared chemical process poses a greater risk So that is one of the reasons why the upon request, to include audit reports, than continuous operation would. proposals that Representative PRICE exercise schedules and summaries, Additionally, you would increase de- has supported become front-and-center emergency response details—all of liveries and movement of hazardous concerns in his nomination. I will move which would provide those intent on material throughout the surrounding next to a consideration of Representa- criminal acts with a blueprint of facil- communities, shifting the risk else- tive PRICE’s record on the Patient Pro- ity and emergency response vulnerabil- where. How can we say definitely that tection and Affordable Care Act. If you ities. This is exactly what they want to is safer? As you can see, there is no de- go back to 2009, before we passed the perform their terrorist activities. The finitive answer to what would be inher- Patient Protection and Affordable Care requirement does not make these fa- ently safer. It is an ambiguous term. It Act, over 50 million Americans were cilities safer but actually increases the means it is very difficult to define. uninsured in 2009. People with any sort chance of harm to be done to them. Allowing the EPA’s foot in the door of medical condition were routinely de- The sole reason this rule was updated on this would only lead to a heavier nied health insurance or they were by the Obama administration stems hand mandate that would hurt indus- charged exorbitant rates because of from the West, TX, chemical plant ex- tries, consumers, jobs, and ultimately their health history. Women were rou- plosion of 2013. Yet this rule on acci- the valued public. This rule is promul- tinely charged more than men for their dental release prevention would do gated on the premise of preventing an- health insurance. Third, sick individ- nothing to prevent another West, TX, other West, TX, tragedy, but this rule uals were routinely dropped from their because that explosion and fire was in- does nothing to protect facilities from health care coverage because they had tentional. It was an act of arson. The intentional actions of a criminal or a reached arbitrary caps on the amount terrorist and in fact would actually be Obama administration used this trag- of care an insurer would pay for in a in a position to aid them in their quest edy that took 15 lives as an excuse to given year. Of course, in 2010, the Af- to do us harm. make these facilities and surrounding I only outlined a couple of the many fordable Care Act was passed. Now we can say that 20 million communities less safe, and it doesn’t concerns this rule creates. I believe we Americans have health care coverage, make sense, unless you look at what should take a look at what this actu- and that includes 1 million more Penn- else the rule does. ally does. This rule is the first step in EPA ex- It is not just this rule. As I said, sylvanians who have health care cov- panding its authority under the Clean President Obama went in at the last erage because of that legislation. And Air Act to mandate how chemicals are minute and did these midnight rules. 105 million Americans are protected manufactured and used. We just passed This is one of the things we can look from discrimination due to preexisting a bill, on a bipartisan basis, that takes forward to doing away with, some of conditions. Over 9 million Americans care of this problem. You don’t have to the overregulation that has cost Amer- are receiving tax credits to help them worry about that anymore. The EPA is icans so much over the last 8 years. cover health insurance premiums, and requiring paper, petroleum, coal, and With that, I yield the floor. 11 million seniors have saved over $23 chemical manufacturing industries to The PRESIDING OFFICER. The Sen- billion from closing the Medicare Part conduct safer technology and alter- ator from Pennsylvania. D prescription drug plan doughnut native analysis, STAA, as part of their Mr. CASEY. Mr. President, let me hole. Pennsylvania hospitals, because process hazard analysis. In conducting pick up from where I left off earlier in of the Affordable Care Act, have saved this STAA, these industries must con- my discussion of some of the issues over $680 million due to reductions in sider what they call inherently safer that Representative PRICE, the nomi- uncompensated care. technologies, IST, or inherently safer nee to lead the Department of Health I would add to this that all those designs, ISD. This sounds good, but it and Human Services, advocated for as a Americans, by one estimate as many as is something that is so ambiguous no- Member of the House, as a leader on 156 million Americans—there is an- body knows what the real definition is. the Budget Committee. These are other estimate that is even higher than While the rule stops short of requir- issues I continue to be concerned about that; but at least 156 million Ameri- ing EPA’s approval of these STAAs or with regard to his nomination. cans—with employer-sponsored cov- requiring the implementation of IST With regard to Medicare—I left off erage have a long list of protections and ISDs, it is only a matter of time with a few comments about Medicare. against being denied coverage for a before the environmental groups begin Here are some of the concerns that preexisting condition, against annual to litigate the issue and act as escorts have been stressed by major senior or- or lifetime limits, against discrimina- to force EPA to mandate these majors. ganizations with regard to some of the tion against women because they hap- This is the proverbial camel’s nose Medicare proposals in Washington. pen to be women. under the tent. Industry will tell you In a letter to President Trump, All of those protections are in place that the best time to assess inherently AARP CEO Jo Ann Jenkins said: now for more than 156 million Ameri- safer technologies and designs is during The average senior, with an annual income cans because of the Affordable Care the initial design phase. of under $25,000 and already spending one out Act. Yet, despite all of those gains that

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.047 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1007 have been realized in only a few short medical bills. She wrote to me at that or his proposals that he advocated for years, Representative TOM PRICE op- time—just around 2009—saying that, vigorously in the House of Representa- poses the law. without health care reform ‘‘my girls tives were to become law. Apparently, In fact, he wants to repeal it. Rather will be unable to afford care, that is if now his ideas have been embraced to- than working with us to improve it, he they are eligible, for care that is criti- tally by the Trump administration. has proposed a replacement that would cally necessary to maintain this chron- Let me finish with this one point strip away many of those critical pro- ic condition. Punished and rejected be- about Representative PRICE. There are tections. Again, they are not only pro- cause they had the misfortune of devel- questions that remain surrounding tections for people who are newly in- oping cancer as a child.’’ Representative PRICE’s stock deals. He sured but protections that are in place So said Stacie Ritter about her told both the Finance and HELP Com- now that were not there for more than daughters, pleading with me at the mittees that the discounted shares of 156 million Americans with employer- time, as the Senator who would vote on Innate Immunotherapeutics that he sponsored coverage. the Affordable Care Act. I just met was able to purchase were available to So I get letters from constituents with Stacie again. She is very glad every individual who was an investor. concerned about his record or con- that we passed the Affordable Care Act But the Wall Street Journal reported cerned about the direction that he so that her daughters could have the not too long ago the following. I will would take the Department of Health health care that they need. Fortu- just read one line from the story. The and Human Services or the direction nately, this story has a happy ending. headline says: that the Trump administration would Hannah and Madeline are healthy Rep. Tom Price Got Privileged, Discounted go. Now apparently, after the election, young women now. They are freshmen Offer on Biomedical Stock, Company Says. after inauguration day, the administra- at Arcadia University, and they are Here is what it says in the third para- tion is supporting block-granting of doing well. The Affordable Care Act graph: Medicaid and supporting changing protects them by ensuring they will In fact, the cabinet nominee was one of Medicare as we know it. have access to affordable coverage, fewer than 20 U.S. investors who were in- That is why we get letters from indi- whether on their parent’s plan or on a vited last year to buy discounted shares of viduals across our State. I mentioned plan on the individual market. the company—an opportunity that, for Mr. before that we have 48 rural counties in So when we talk about that legisla- Price, arose from an invitation from a com- Pennsylvania. There are a lot of peo- tion, when we talk about Medicaid, pany director and a fellow Congressman. ple—literally, several million people; when we talk about Medicare—all of So says the Wall Street Journal 3.5 million by one estimate—living in those issues—one of my basic points is story of earlier this month. So that is rural counties in Pennsylvania, in that Representative PRICE, were he to on the public record, based upon what rural communities. be Health and Human Services Sec- the Wall Street Journal reported. I have a letter from Rebecca. That retary Price, has to have an answer for I, at the time, joined other Demo- was one of the names I outlined at the those Pennsylvanians. He can ignore crats on the Finance Committee to try beginning of my remarks earlier today. the questions of Members of Congress, and get this clarified. That request was Here is what Rebecca said: and sometimes he has done that. We denied. When we talk about the con- The Affordable Care Act allowed my don’t have time to get into that today, stitutional obligations to advise and husband to join me on the dairy farm but he has done that in the confirma- consent—the Senate advising and con- where I worked for 8 years and am co- tion process. senting with regard to Cabinet nomina- owner of the herd. Over the past 3 But he has to have an answer for tions—we are not talking about a years, we have straightened out our fi- Stacie Ritter. He has to have an an- rubberstamp. We are not talking about nances and have gotten our student swer for her daughters Madeline and some kind of automatic approval. We loan debt under control. Third, we have Hannah. He cannot ignore them and are talking about scrutiny, review, and opened an IRA to plan for our retire- their health care needs. He has to have getting answers to questions and hav- ment. an answer for Rebecca, who is worried ing a long debate about someone’s We live in a small trailer. We own about what will happen to her, whether qualifications. one car. We shop at discount grocery she will still be able to have a dairy When you don’t get clarified issues stores and local Mennonite food stands. farm, whether she will be able to have that have been raised and validated by We have worked hard for financial sta- a family. He has to have an answer for news organization like the Wall Street bility. Over the past year we have Rebecca in Pennsylvania. Journal, I think we have more ques- begun discussions about having a child He also has to have an answer for the tions to have answered. It is a con- and starting our own business. Threats two families whom I cited at the begin- stitutional requirement—advise and to the ACA are threats to our future, ning—for Anthony and Rowan’s family, consent—that needs to be honored. Senator, and to the future of small two young boys on the autism spec- For these and many reasons, I re- businesses, agriculture, and families. trum who need the services of Med- main opposed to the nomination of She goes on from there to tell her icaid. Representative PRICE to be the next story. So this is not theory any longer. This Secretary of Health and Human Serv- So that is Rebecca, who has some ex- is not some idea that is floating around ices. perience, not just in rural Pennsyl- Washington. These are real lives that With that, I yield the floor. vania but experience as a dairy farmer, will be destroyed by some of these pro- The PRESIDING OFFICER. The Sen- trying to start a family, and trying to posals. So if you block-grant Medicaid, ator from Delaware. start even more of a business career. you are going to destroy a lot of lives. Mr. CARPER. Mr. President, I rise So that is another example of what we If you change Medicare as we know it, today to talk for a few minutes about are hearing from people across Penn- and turn it into a voucher program, the nomination of our congressional sylvania. ripping away the guaranteed benefit of colleague, Congressman TOM PRICE, I mentioned at the beginning of my Medicare, you are going to hurt a lot of also known as Dr. TOM PRICE, to serve remarks Hannah and Madeline. Hannah people. If you choose to vote for a re- as our next Secretary for the Depart- and Madeline are the daughters of peal of the Affordable Care Act and you ment of Health and Human Services. Stacie Ritter. She is from Manheim, have no plan to replace it—after 7 When Senator TESTER arrives on the PA. She is the mom of four children, years of complaining about it, criti- floor, I will yield to him. I know he has including Hannah and Madeline. They cizing it, and finger-pointing, and you reserved time. I will be happy to yield happen to be twins. I met them way don’t have a replacement for it—you to him when he arrives. back, I guess, in 2009. At the time Han- are going to hurt a lot of lives. But until then, I just want to make a nah and Madeline were diagnosed with So this is not some debate that is not couple of comments, if I could. a rare and dangerous type of leukemia connected directly to people’s lives. From the outset, my colleagues—our when they were just 4 years old. This is real life for those families. I colleagues and I; not all, but a number Stacie and her husband went bank- have real concerns about them if Rep- of us—have had concerns, in some cases rupt trying to pay their daughters’ resentative PRICE’s view of the world very grave concerns, about many of

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.049 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1008 CONGRESSIONAL RECORD — SENATE February 9, 2017 President Trump’s nominees. Having Instead of working with colleagues that they were spending about 8 per- said that, a number of them have got- from both parties to offer improve- cent of gross domestic product to pro- ten overwhelming support from both ments to the new law, he rallied vide health care coverage to the folks Democrats and Republicans. I checked against the need for essential benefits, in their country—8 percent. In the as of sometime yesterday afternoon. such as contraception or mental health United States, at the time, we were There had been seven votes on nomi- treatment or, frankly, access to med- spending 18 percent of gross domestic nees at that time. I think four of them ical procedures like colonoscopies, product, more than twice of what they had gotten overwhelming bipartisan mammographies, prostate screenings— were spending in Japan. support; three did not. the kinds of things that, for individuals Think about it: 8 percent of GDP to But from the outset, my colleagues who are at risk of having colon cancer provide coverage and 18 percent of GDP and I have had grave concerns about or breast cancer, if they had access to in the United States. many of President Trump’s nominees. those kinds of screenings, could be de- You might say: Well, maybe that is But we have a responsibility, I believe, tected earlier, with a lot of money because we were covering a lot more to thoroughly consider every Cabinet saved, a lot of misery saved or avoided. people in the United States than they nominee on the merits of his or her fit- In some cases, a loss of life is avoided cover in Japan. Well, as it turns out, ness to serve. as well. just the opposite is true, because not To evaluate Congressman PRICE’s Congressman PRICE introduced pro- only do they spend in Japan like half nomination, I looked—and a number of posals to repeal the Affordable Care as much as a percentage of GDP as we us have looked—at his career in the Act, doubling down high deductible do, but they actually get better re- U.S. House of Representative, which I plans and high-risk pools, which have a sults, lower rates of infant mortality, believe spans some six terms, which failed history of inadequate funding, higher rates of longevity among adults, would be somewhere between 10 and 12 waiting lists, and annual or lifetime and they cover everybody. They cover years. We did that in order to learn limits. everybody. more about his guiding principles as a Over the past few months, our Repub- When the Affordable Care Act was legislator. lican colleagues have said loud and adopted, we had somewhere between 40 All of us have guiding principles. I clear that they will repeal the Afford- and 50 million Americans who would go know the Presiding Officer, who has able Care Act, and Candidate Trump to bed at night without any health care shared with me his guiding principles certainly said that many times during coverage at all. any number of times, but mine include the campaign. When he was elected, he I like to say the Japanese are smart trying to figure out what is the right said that one of his major goals was to people, and they are good allies of ours, thing to do—not the easy or expedient repeal the Affordable Care Act. When good customers of ours. They can’t be thing, but what is the right thing to he became President, it was the same that smart, and we cannot be that do; to treat other people the way we message. But at the same time, we dumb. want to be treated; three, to focus on have heard from stakeholders across So as we were going through the de- excellence in everything we do. If it is the health care sector about what will bate on the Affordable Care Act in the not perfect, make it better. Four, when happen if the Affordable Care Act is re- Finance Committee about 6 or 7 years you know you are right, you are sure pealed without a replacement. Plain ago, one of the things we did is to say: you are right, just don’t give up. Those and simple, doing nothing would unfurl Well, let’s look at some other countries are sort of my guiding principles. I chaos across the health care delivery and see if they are doing something sometimes violate one or more every system. The individual market, the that maybe we could learn from and week. But I always know that I have marketplaces, the exchanges would maybe we could take to heart and sort them, and it is actually helpful to have collapse. Estimates project that more of reshape our health care delivery sys- sort of a compass to get me back on than 32 million Americans would be- tem with that in mind. track. come uninsured over the next decade. But we wanted to learn more about Health insurance premiums in the indi- One of the things they do really well the guiding principles for Congressman vidual market would skyrocket, in- in Japan is they provide good access to primary health care. If you happen to PRICE as we considered his nomination, creasing by up to 25 percent imme- his core values. During Congressman diately and doubling again by 2026. live in Japan, you don’t have to go PRICE’s time in the U.S. House of Rep- From what I can tell, the cause to very far in your neighborhood to find a resentatives, he spearheaded efforts to which Mr. PRICE has dedicated him- health care provider. It might be dismantle the Affordable Care Act, self—and that is, repealing the Afford- maybe someone like an RN, or it might which I regard as landmark health leg- able Care Act with no plan to take its be something like an advanced practice islation that has provided 22 million place—would devastate people’s lives nurse and maybe a primary care doc, Americans, including about 35,000 Dela- and our economy. but they have easy access to primary wareans with affordable, reliable, and As we prepare to vote on his nomina- health care. comprehensive health insurance cov- tion, I think it is appropriate to re- What they like to do in Japan is to erage. mind our colleagues how we got here define problems and to address prob- Some people say: Well, is it perfect? and the hard work that we did to ap- lems when they are small and when No, it is not. No, it is not. prove a health care reform bill that is they can be treated. They focus a Well, I guess ever since Harry Tru- helping millions of people today. whole lot on prevention and wellness. man was President, you had one Presi- I have a couple of charts that I would That is a great lesson. If you look at dent after the other, one administra- like for us to take a look at. We have the Affordable Care Act, that is a les- tion after the other, bemoaning the on the right of this chart the United son that we learned and incorporated fact that we had so many Americans States of America, and on the left, we into that legislation. who didn’t have access to health care have Japan, a place I used to fly in and The heading on this chart is this: The coverage. out of a lot when I was a naval flight Affordable Care Act is a Republican So the question would be: Well, why officer during the Cold War. plan. Surprise. Why do I say that? don’t you do something about it? One of the things that we learned a Well, when you go back to 1993, we had One of the things that we have done few years ago—6, 7, or 8 years ago— a new President, Bill Clinton, and a about it is to finally pass the Afford- when we were debating what to do, if new First Lady, Hillary Clinton. She able Care Act, and I will talk more anything, in the last administration basically felt—and I think her husband about that in a little bit. about extending health care coverage did, too—that every President, every Congressman PRICE has opposed the to a lot of Americans who didn’t have administration since maybe Truman, Affordable Care Act from day one, lead- it, we looked at countries around the had been talking about the need to try ing his colleagues in the House of Rep- world in the Finance Committee to see to make sure a lot more Americans had resentatives to obstruct and sometimes who was doing a better job and who access to health care—quality health undermine, first, the drafting of the was not. Among the interesting things care—but nobody could actually figure law and, then, its implementation. that we found out about Japan was out how to do it.

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.050 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1009 So Hillary Clinton began working in Mr. TESTER. Mr. President, I want he played it off with a joke to a laugh- 1993 on health care, and people eventu- to thank the Senator from Delaware, ing audience. ally called it HillaryCare—HillaryCare. and I also want to thank the Senator The health care of the American peo- If my life depended on it, I could not from Georgia, who has about the same ple is no laughing matter. We need a explain the elements of HillaryCare, length speech as I have here—short and serious plan to address rising pre- but I could explain the elements of the sweet. miums and deductibles, but Congress- Republican alternative that was of- Mr. President, I rise today on behalf man PRICE and President Trump have fered to it. It was introduced by a fel- of thousands of Montanans who have come up empty. In fact, Congressman low named John Chafee, a Republican reached out to me in opposition to the PRICE’s plan to repeal the ACA without Senator from the State of Rhode Is- nomination of Congressman TOM PRICE a replacement is a serious threat to the land, and it had a number of elements to lead the Department of Health and health of our country. to it. So I just want to mention these Human Services. But the Congressman’s attack on our five elements that were found in the Health care in this country is a very health care system does not end with Republican alternative in 1993 to complex thing. It has many moving dismantling the ACA. He wants to take HillaryCare. parts. It impacts patients, doctors, a chainsaw to the safety net that helps Senator Chafee’s bill is the column nurses, hospitals, families, and rural our hardworking, low-income families right here. The next column over is communities in Montana and across stay afloat. called RomneyCare—right here. Far- this country. Last year in Montana, under the thest from me—my left, your right—is Recently, I traveled across Montana, leadership of Gov. Steve Bullock, the the Affordable Care Act. speaking with folks from most of the 60 Montana Legislature worked across We will look at five different compo- hospitals that we have in Montana. party lines to expand Medicaid to thou- nents. As to individual mandate, which There is no doubt our health care sys- sands of Montanans, giving folks cov- of these proposals had the individual tem has some problems. Costs are ris- erage for the first time in their lives. A mandate and which did not? As to em- ing, and families are being priced out man in Butte, MT, looked me in the ployer mandate, which of these proof health care. There is no doubt about eye, and he told me that because of posals included the employer mandate it—not all but some. But these prob- Medicaid expansion—listen to this—for and which did not? lems to be solved require thoughtful, the first time in his life, he was able to There is the ban on preexisting con- responsible solutions. These problems go see a doctor, get his diabetes under ditions—the idea that insurance com- require folks to put politics aside and control, and ultimately find full-time panies could not say: Oh, because you work together for the health of our employment. Because of Medicaid ex- had breast cancer, because you had this country and for rural America and for pansion, this man was finally able to or that—patient or health care—if our next generation. provide for his family. someone needs health care but they Congressman PRICE’s proposals will have preexisting conditions, insurance Over the years and throughout this confirmation process, Congressman rip that coverage away from that man companies can’t say you can’t get cov- and make it more difficult for others to erage because there was a ban included PRICE has shown that he is not equipped for this vital and formidable use Medicaid as well. His plan to block- on that. grant Medicaid will do exactly that, As to subsidies for purchasing health job. Health care in this country is too and I have heard from health care pro- insurance, which of these had it and important to turn over to a man who viders from across our great State that which did not? wants to reverse the progress, cut up And we are going to look at the idea the safety net, and rip away the health this will cripple rural America. of—we will call them exchanges—pur- care that our seniors have earned. In Montana, with the expansion of chasing in bulk. Everyone in this body knows that we the Affordable Care Act and Medicaid, When we were debating the Afford- have work to do to fix the Affordable it has created hundreds of jobs in the able Care Act, people would say: Why Care Act, but each and every Senator health care industry, and we can’t af- do you want to do this? also knows that the ACA has expanded ford to let those jobs go away. Rural I would say: Well, look at the Federal coverage for millions of Americans, im- America cannot afford Congressman Government. In the Federal Govern- proved rural America’s ability to re- PRICE’s reckless plan—or lack of plan— ment, you have the legislative branch, cruit and retain health care workers, to replace the ACA. the executive branch, and the judicial and moved us closer to closing the But Montana’s working poor aren’t branch. If folks work as full-time em- Medicare doughnut hole. We cannot the only ones threatened by Congress- ployees, they can get access to health make any of these improvements if we man PRICE. Our senior citizens often care. We get our coverage usually do what Congressman PRICE has prom- fall into the crosshairs of Congressman through private insurers. The Federal ised and repeal the ACA, especially PRICE’s irresponsible battle with the Government provides about 70 percent without a single plan to replace it. I Affordable Care Act. of the premium costs; the individuals would tell you, if one exists, I would President Trump campaigned on pro- provide about 30 percent of the pre- love to hear it, and I would love to hear tecting Medicare for seniors, and I am mium cost. It is a large purchasing it today. with him on that one. pool because we have over a million So I want to work to fix the problems If Congressman PRICE had his way, people in the Federal Government pur- with the ACA, not send us back to a Medicare, as we know it, would cease chasing pool. We don’t get free or time when folks couldn’t afford to get to exist. He has supported budgets that cheap insurance, but it helps drive sick or couldn’t change jobs due to pre- would turn Medicare into a voucher down the cost because you are buying existing conditions. system and cut the program by nearly health care coverage for a lot of people. Don’t take my word for it. Joseph $500 billion. Congressman PRICE’s plan Somebody had a bright idea in 1993— from Missoula wrote to me and said: moves more of the burden of health costs onto our seniors. John Chafee, I think, and the folks I am a practicing cardiologist in Missoula. working with him, 20 Republican Sen- I am adamantly opposed to the nominee, Under Congressman PRICE’s plan, a ators and 3 Democrats, who said maybe Congressman Price. His approach takes us senior in Glasgow, MT, who is strug- we ought to give folks who don’t have back to the 1980s, ignores the reality of life gling with dementia would receive a health care coverage the opportunity for a large portion of our population, and is fixed amount of money and would be to buy their coverage in large group inconsistent with our obligation to care for expected to go out, shop for insurance, plans, much like we have in the Fed- the least of our brothers. and buy a private insurance plan. A eral Government. Joseph knows Montana cannot afford couple retired in Whitefish would be I will just hit the pause button right to go back to the old system. But Con- forced to spend less time enjoying their there and stop my remarks for now and gressman PRICE has indicated that is final years together in order to com- yield the floor to the Senator from exactly what he wants to do. parison shop and wrangle with insur- Montana. In his confirmation hearing, when ance companies—not really how most The PRESIDING OFFICER. The Sen- Congressman PRICE was pressed about of us would envision retirement. A ator from Montana. President Trump’s replacement plan, farmer from Fort Benton, who has

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.051 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1010 CONGRESSIONAL RECORD — SENATE February 9, 2017 given his blood, sweat, and tears to I think Elaine from Lolo, MT, said it Evidence A: http://nymag.com/daily/intel- feed our country would be hanging up best when she wrote to me and said ligencer/2016/12/who-will-do-what-harry-reid- his dirty baseball cap for the last time this: did-now-that-harry-reid-is-gone.html Exhibit B: Democrats, with help from and will have to worry about finding I believe we should be expanding health media, begin Zimmer Biomet smear. extra money in his savings to cover care coverage for Americans, not making it In mid-January 2017, CNN began nonstop higher premiums and out-of-pocket more difficult to access and afford. coverage of what they believed was a bomb- costs. Price wants to scale back Medicare and shell story that would rock the HHS nomina- Does that sound like a fair way to Medicaid, is out of touch with the realities of tion process. Dr. Price, they claimed, intro- treat our seniors? I think not. the challenges and needs for reproductive duced legislation to benefit a medical device freedom and safety, and has financial con- America’s seniors have earned their manufacturer, Zimmer Biomet, whose stock flicts of interest that would potentially skew he owned. Medicare over a lifetime of hard work, his judgment. and because most of them live on fixed ‘‘Rep. Tom Price last year purchased A better choice should be demanded for the shares in a medical device manufacturer incomes, they can’t afford to see it person who will lead Health and Human days before introducing legislation that privatized. We cannot allow this ad- Services to ensure our country has the best would have directly benefited the company, ministration to gamble with our sen- possible healthcare and service support for raising new ethics concerns for President- iors’ future and their health care. the needs for all humans, not just those in elect Donald Trump’s nominee for Health Ann from Stevensville agrees. She line with Rep. Price’s interests. and Human Services secretary.’’ I urge you to vote no on Price’s appoint- wrote to me and said: The written piece breathlessly continues ment. I will be watching the vote closely. that theirs is the ‘‘latest example of Price Please do not support anybody wanting to Thank you. trading stock in a healthcare firm at the privatize Medicare. No to Tom Price. Well, I couldn’t have said it better same time as pursuing legislation that could But that is not all. Congressman myself, and I would encourage my col- impact a company’s share price.’’ PRICE’s track record of fighting against leagues to vote no for Elaine, for Mon- Predictably, Schumer and his henchmen affordable health care for all Ameri- tana seniors, for Montana families. began gleefully alleging on television that cans is disturbing. Throughout his con- Dr. Price potentially broke federal law—a Well, they are all going to be watching law that calls for up to 15 years of imprison- firmation process, a disturbing pattern closely. has emerged. ment if broken. I would encourage a ‘‘no’’ vote on Except none of what CNN said happened Congressman PRICE has spent his 12 Congressman PRICE. actually happened. years in Congress pushing legislation I yield the floor. 1) Dr. Price’s Morgan Stanley broker pur- that would make health care less ac- The PRESIDING OFFICER (Mr. CAS- chased the Zimmer Biomet stock without his cessible for the poorest among us and SIDY). The Senator from Georgia. knowledge as a part of a routine rebalancing enrich himself by corporate special in- Mr. ISAKSON. Mr. President, I ask of his portfolio on March 17, 2016. They noti- terests. In 2016, Congressman PRICE fied Dr. Price on April 4, 2016. He disclosed it unanimous consent that these answers in his filings on April 15, 2016. used an exclusive sale of discounted to four questions that have been raised stock of a foreign biotech company to 2) The 26 stocks, totaling less than $2,700, in the last few days in the media be were so small, in fact, that even Zimmer line his own pockets. Now he is nomi- printed in the RECORD. Biomet, like Dr. Price, was not even aware nated to lead the agency that would di- There being no objection, the mate- that he was a stockholder. rectly impact this company. rial was ordered to be printed in the 3) The legislation CNN and others keep ref- Congressman PRICE underreported RECORD, as follows: erencing concerns Dr. Price’s well-docu- his holdings in this company by as mented efforts, including a 2015 letter and FOUR EXAMPLES OF THE LIBERAL CHARACTER subsequent bill, requesting the delay of a much as $200,000. Now, I know $200,000 ASSASSINATION OF DR. TOM PRICE may not seem like a lot to some folks, rule issued by CMS. Even the great Perry Mason would be 4) While CNN claims this would have bene- but I am going to tell you, to this Mon- stumped by this one. Democrats, with the fitted Zimmer Biomet, the company actually tana farmer and to farmers across this help of an eager media, have attempted a supports the CMS rule and publicly opposed country, we would remember if we had character assassination of Rep. Tom Price, Dr. Price’s legislation, $200,000 or so invested in a company. M.D., President Trump’s nominee for Sec- So, CNN (and Congressional Democrats He introduced legislation to lower retary of Health and Human Services. De- musing about alleged crimes punishable by the tax bills of three pharmaceutical spite an impeccable record in both public imprisonment) runs—and reruns and re- companies that he personally held in- service and medicine, they insisted Dr. runs—a story about Dr. Price potentially vestments in. CNN reported that dur- Price’s good name, built throughout decades breaking the law or behaving unethically of serving others, did not belong to him any- ing his time in the House, Congressman and doesn’t even get the story correct about more. Zimmer Biomet’s position on the very legis- PRICE invested in a company and then And they almost got away with it. Here’s lation they claim he introduced for them? 1 week later, introduced legislation to how it happened. Way to go, guys. delay regulations that would have hurt Exhibit A: New York Magazine forecasts Evidence B: http://www.freebeacon.com/ that company’s bottom-line profits. Price character assassination. issues/dem-accusations-regarding-tom- Patients, nurses, doctors, and hos- Buried in a December 27 story in New York prices-stock-trades-unsubstantiated. pital administrators got a raw deal Magazine, then-incoming-Senate Minority Exhibit C: Democrats, with help from Leader Chuck Schumer (D-NY) broadcasts media, go low with Innate Immuno play. while Congressman PRICE and his cor- that he has unanimous Democratic opposi- In a salacious twist, media and Democrats porate special interests got richer and tion to a single Trump nominee: Dr. Tom turn their attention to Australian medical richer. Price. He plans to inflict as much pain as company Innate Immuno. At the rec- As an elected official, as a potential possible on the HHS pick, and Democratic ommendation of another Member of Con- Secretary, you are held to a high eth- staffers indicate they’ll delay the process as gress, Dr. Price decided to purchase Innate ical standard. Congressman PRICE long as possible. Immuno stock through a ‘‘friends and fam- failed to reach that standard. ‘‘Senate Democrats appear to be unani- ily’’ referral program. Any eligible buyer re- President Trump pledged to drain the mous in their opposition to Tom Price, ferred to the company by a current stock- Trump’s choice for Health and Human Serv- swamp. Congressman PRICE’s record holder received a 12 percent discount to fund ices secretary, and they hope to raise such a shows that he swam with the alligators a research project the innovator was launch- ruckus about Medicare during Price’s hearing. for a while. ings that at least three Republicans decide This fact didn’t stop Democrats from It is clear to me that Congressman to vote against Price, too, thus handing claiming he received ‘‘insider information’’ PRICE’s priorities put him at odds with Democrats their first scalp of the Trump era. as a Member of Congress, a rather strange the fundamental job of HHS Secretary. ‘‘According to various Senate aides, Schu- accusation about a company based in Aus- Congressman PRICE’s record is not mer doesn’t believe his party has a chance of tralia. one of expanding access to affordable torpedoing any other Trump nominees, but Then, they pointed to what they insisted— care, increasing coverage to rural he hopes to make their confirmations as and insisted and insisted—was his active sup- America, and protecting the Medicare bruising—and, with smart floor manage- port for the 21st Century Cures Act, legisla- ment, as prolonged—as possible. (Schumer tion they said would help Innate Immuno that our seniors have earned. The legis- himself decided to comment.) ‘The goal will gain access to American markets. lation that he has carried in the House be to show the public how controversial That would be pretty suspicious, except for enriched himself and the companies he these nominations are,’ explains a Senate the fact that Innate Immuno went on the has invested in. Democratic aide.’’ record with the Wall Street Journal back in

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.052 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1011 December to express that they didn’t care SUMMARY First of all, it has been said that TOM about the bill one way or the other because Dr. Price’s detractors on the Left have no is for taking funds away from Medi- they were governed by Australia and New actual defense of their opposition to him. care. That is ironic to me because last Zealand law. They can’t deny his qualifications or exper- And then, of course, there’s the little de- December, TOM and I were called on by tise, so they’ve resorted to an attempted AARP, the representative of the senior tail that Dr. Price was not a co-sponsor of character assassination. The media, eager the 21st Century Cures Act. He never for flames to fan, ran these baseless attacks citizens of America, to go on the road whipped for the bill. He never even voted for time and time again, despite easily acces- and talk about how we were going to it. In fact, he was one of only a handful of sible information (i.e. a Google search) that save Medicare and save Social Secu- Republicans to vote against it when it was would disprove these outrageous claims. rity—not cut and rob it. So we rep- introduced in the U.S. House of Representa- Both the Left and their media support resented the organization AARP at tives. As House Committee on the Budget must be held to account for conjuring up lies their request. We wanted to save Social chairman, Dr. Price had concerns that the and spreading them for the past two months. Security and save Medicare. We have law would bust spending limits set by the Mr. ISAKSON. Mr. President, I would budget. Thus, he could not vote for the bill. never spent a minute of our time talk- So, a lawmaker doesn’t co-sponsor the bill, also like the RECORD to reflect that I ing about taking it away from any- doesn’t whip for the bill and doesn’t even have never been to Montana. I have body. If there is anybody who is going vote for the bill, and yet he’s being accused been to Delaware, but I respect any- to be able to make sure Medicare of crafting it, pitching it to his colleagues thing either one of these Senators works for the senior citizens of the 21st and promoting it to the public? Seems a bit would say about any physician in Dela- century, it is Dr. TOM PRICE, of Geor- odd, doesn’t it? ware or any physician in Montana. gia, and he is going to do it as Sec- Months later, the conference committee on They have never been to Georgia. I retary of Health and Human Services the bill (of which Dr. Price wasn’t a member, have been to Georgia for 72 years. I since he voted against the legislation) rein the United States of America. paired the funding mechanisms for it, mov- have lived there for 72 years, and for 30 Secondly, there have been a lot of ing it from mandatory spending to discre- of those years, I served with TOM PRICE things impugning TOM and his invest- tionary spending. Then, Dr. Price felt com- in the State legislature, in the same ments—the investments he has made. fortable voting to approve of the conference neighborhood organizations. He has I introduced TOM to the Senate Fi- report, which, again, is not the same as ‘‘ac- been my friend. He has been my doctor. nance Committee. I introduced TOM to tively supporting the legislation.’’ And to He is a great individual, and my knowl- the Senate Health, Education, Labor, top it all off, it was because of Dr. Price’s op- edge of him is firsthand. I am not going and Pensions Committee. I went position to it that the American taxpayers to read to you something that some- weren’t on the hook for 21st Century Cures through his application. I have seen ev- as mandatory spending. body told me TOM PRICE was or is or erything on it. Everything that he is So, another swing-and-a-miss from the did or was accused of. I am going to being accused of doing, he disclosed in media and the Left. He didn’t ‘‘actively en- tell you about the man I know who has his report. They are just using a tech- gage’’ in supporting legislation that they in- been nominated for Secretary of the nique that trial lawyers use called des- sist he spearheaded, and funnily enough, nei- Department of Health and Human perate impact, where you take two ther did the company! Services. facts, put them over here, and put EVIDENCE C1: http://clerk.house.gov/evs/ I have known TOM, as I said, for 30 2015/roll433.xml them together to make them a nega- EVIDENCE C2: http://budget.house.gov/ years. He is a great family man. He and tive, rather than a positive. It is all in news/docmentsingle.aspx?Document his wife Betty are great members of how you explain it and how you de- ID=393978 our community. He is a great church- scribe it. It is not how the act took EVIDENCE C3: http://www.georgiapol.com/ man. He is active in his church in his place. 2016/12/23/tom-price-stock-investments-need- community. He started out working in As the chairman of the Ethics Com- ed-perspective/ neighborhood organizations, graduated mittee and the one that administers EXHIBIT D: Puerto Rico Lies, Lies, Lies Another story emerged that Dr. Price in- to the State legislature, and became the STOCK Act for this body, I know troduced legislation to benefit himself, via the first elected Republican majority what we have to submit and make pub- stocks he held in a pharmaceutical company leader in the history of the Georgia lic; I know what we don’t. Every single that did business in Puerto Rico. Again, the State Senate. He went from the Geor- thing he has been accused of doing is facts don’t match their claims. gia State Senate to the Congress to re- from information taken out of his own In 2004, Congress enacted the Section 199 place me. He raised the intellectual disclosures, which anybody who owns a deduction for qualified U.S. manufacturing component level of that seat tremen- computer can get today to make him activities. Realizing a technical omission, in dously when I got out and when he 2006 Congress extended the 199 deduction for look like he is bad and a bad guy. Puerto Rico on a temporary basis. As a re- came in. He has done a tremendous job In fact, I told the Senate Finance sult, Puerto Rico was returned to a level here in the seven terms in this Con- Committee when I went to introduce playing field and would no longer be com- gress, representing the people of my him there—after listening to CHUCK petitively disadvantaged against the main- State. SCHUMER on the Sunday shows for 2 land. The 199 deduction was temporarily ex- Now, I don’t know much about medi- weeks talking about TOM PRICE—that I tended in both 2011 and 2014. cine, except that shots hurt, and I felt like I was going to have to be a The Section 199 deduction was not ex- don’t want to go to the doctor unless I character witness for a convicted felon tended as a part of the PATH Act in 2015. Dr. absolutely have to. TOM knows every- Price’s bill would simply make permanent at a sentencing hearing. That is not the 199 deduction, no longer requiring peri- thing about medicine because he has right for us to do that to people. odic reauthorizations, just as it is for the delivered it for 30 years. He knows TOM PRICE is a great man. He has mainland. This would not give Puerto Rico about the affordability of health care. done a great public service. He has or any U.S. company (and thus, a share- He knows about the needs of senior done a great job, and he will do a great holder of such a company) a tax advantage. citizens. He knows about the innova- job as Secretary of Health and Human It merely creates a tax neutrality so a com- tions that are necessary to help all of Services. pany can make a decision to invest in a ju- us stay healthy for the rest of our I am proud to have introduced him. I risdiction for economic purposes, rather than lives. am proud to know him as a friend, and tax. Dr. Price was never lobbied by PhRMA on this legislation. However, it is a priority TOM PRICE is a committed public I am proud that he is going to be my of American companies, such as Georgia- servant who has worked diligently and Secretary of Health and Human Serv- based Coca-Cola, who would prefer to main- hard for the State of Georgia and peo- ices. America and all of her citizens tain their operations in Puerto Rico. The ple of Georgia. will be better off because the doctor Puerto Ricans they employ, who already face There have been a few things said will be in the house. perilous economic circumstances, would be about TOM that I want to address, not I urge a vote for TOM PRICE and yield inherently disadvantaged if these extenders because I want to waste my time talk- the floor. did not occur. ing about things that are just allega- The PRESIDING OFFICER. The Sen- Whoops. Evidence D: https://www.pwc.com/us/en/tax- tions that are put together in some ator from Wyoming. services/publications/insights/assets/pwc- fashion or form to make him look bad. Mr. BARRASSO. Mr. President, I new-section–199–regs-could-affect-wide- I want to just make the record come to the floor to, one, thank my range-of-taxpayers.pdf straight. friend and colleague, the Senator from

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A09FE6.002 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1012 CONGRESSIONAL RECORD — SENATE February 9, 2017 Georgia, for making his comments This view of judicial restraint in they promised to do this time as well. about TOM PRICE, President Trump’s every example I have seen from Judge Even before President Trump was inau- nominee to be Secretary of Health and Gorsuch’s record is squarely in the gurated, Democratic leader CHUCK Human Services. mainstream of American legal think- SCHUMER said that his party would I have known TOM for over 20 years. ing today. You don’t have to take my fight ‘‘tooth and nail’’ to block the We are both orthopedic surgeons. I word for it. There is actual data to nominee. He said he was going to do his know his professional ability. I know prove it. best to ‘‘keep the seat open.’’ his passion for patients and health There was an editorial in the Wall Senator SCHUMER met with Judge care. I am delighted and confident that Street Journal yesterday with the Gorsuch the other day. He complained he will be confirmed to be the Sec- headline, ‘‘Gorsuch in the Main- that the judge did not answer questions retary of Health and Human Services. I stream’’—‘‘Gorsuch in the Main- about some issues that are in the news think he is the right person for the im- stream,’’ yesterday’s Wall Street Jour- and before the courts, things like the portant task that lies ahead. nal. so-called Muslim ban. Well, according NOMINATION OF NEIL GORSUCH The editorial cites a thorough study to the Code of Conduct for United Mr. President, I also come to the of something like 800 different opinions States Judges—the code of conduct for floor today to talk about the Presi- that Judge Gorsuch has written since judges—a judge is actually prohibited dent’s nominee for the Supreme Court, joining the court of appeals. Less than from making public comment on the Neil Gorsuch. Ever since the President 2 percent—less than 2 out of 100 opin- merits of a matter pending or impend- made that nomination, we have had an ions even drew a dissent from his col- ing in any court. Well, there are cer- outpouring of support for this nomina- leagues on the bench, and 98 out of tainly ongoing court cases about a tion and not just those of us in Wyo- every 100 of his decisions were unani- number of things that Senator SCHU- ming—of course, because his mom was mous. This was on a court where seven MER asked about, so I think it is a very born in Casper, WY—but there has been of the active judges were appointed by good sign that Judge Gorsuch would an outpouring of support all across the Democrats, and only five were ap- refuse to comment on these. country and actually across the globe. pointed by a Republican. The Wall Democrats in the Senate are being The Economist magazine out of Lon- Street Journal says that of at least told by the far-left elements of their don wrote: ‘‘Neil Gorsuch Is a Good eight cases considered by Mr. Gorsuch political base to try to block this Pick for the Supreme Court.’’ that were appealed to the Supreme nominee. Many of these Senators are USA Today had a story with the Court—appealed to the Supreme doing everything that they can to com- headline: ‘‘Neil Gorsuch, Stellar Re- Court—the Supreme Court Justices ply. Liberal activists have been plan- sume and Scalia-Like Legal Philos- upheld his results in seven of the ning a multimillion dollar lobbying ophy.’’ eight—seven out of eight. Four of them campaign against this nominee or any There was even an op-ed in the New were unanimous in front of the U.S. nominee ever since election day. The York Times by a former Acting Solic- Supreme Court. So if you actually look reaction of these activists on the left itor General in the Obama administra- at his record, I think it is clear that has been hysterical, it has been irra- tion. It was an op-ed by Neal Katyal this is a judge who is very much in the tional, and it has been disgraceful. under the headline: ‘‘Why Liberals mainstream. I hope the Democrats in the Senate Should Back Neil Gorsuch.’’ This top CNN did a story on Judge Gorsuch, will reject these calls from their base Obama administration official called and they said that he is a laid-back, and will give this nominee a chance. I Judge Gorsuch ‘‘one of the most fly-fishing, fourth-generation Colo- hope that they will take the time to thoughtful and brilliant judges to have radan who also happens to have an Ivy consider his qualifications and that served our nation over the last cen- League education, a brilliant legal they will actually sit down to talk tury’’—over the last century. mind, and an established judicial with him before they rush to condemn He went on to say that ‘‘if confirmed, record. him. Judge Gorsuch would help to restore I mentioned his established legal I know I look forward to sitting down confidence in the rule of law.’’ record, and I think it is also very im- with the nominee and discussing his I mean that, to me, is what it is all portant that he is a fourth-generation views more fully. Everything I have about—the rule of law. And that is Coloradan. He would bring to the Su- seen so far suggests to me that it will from a former Obama administration preme Court a much needed perspec- be a very good conversation. official who knows the Supreme Court. tive from the Rocky Mountain West. I yield the floor. I hope to be able to sit down soon Among the current Justices, only Jus- The PRESIDING OFFICER. The Sen- with Judge Gorsuch to talk about his tice Clarence Thomas is from some- ator from Delaware. views. He and I had a brief visit today where other than New York or Cali- Mr. CARPER. Mr. President, I don’t as he was heading from one Senator’s fornia. It is important that we get this speak often on the floor, but it seems office to another. kind of viewpoint on the Court. that whenever I do, you are the Pre- Everything I have seen in his back- Judge Gorsuch is smart, fair, very siding Officer. I have said this before, ground tells me that he has the tem- well qualified. CNN mentioned his edu- but you are a glutton for punishment. perament and the experience to be an cation, and it really is very impressive: I thank you for your willingness to outstanding Justice on the Supreme Columbia University, Harvard Law show up day after day. Court. His background as a judge gives School, a Marshall scholar at Oxford I was going to talk a little bit about us powerful evidence of the kind of Jus- University. He was also confirmed to the Affordable Care Act as it relates to tice that he will be. the circuit court by a unanimous voice Congressman PRICE, who has been nom- In 10 years on the U.S. Circuit Court vote of the U.S. Senate right here. inated to be Secretary for the Depart- of Appeals, he has authored hundreds None of this seems to matter to the ment of Health and Human Services. of opinions and dissents, and you can Democrats today—not the intelligence, Before I do, I want to follow up on be assured that these will be dissected. not the distinguished career, not that the comments of my friend Senator This record will give Senators ample he is squarely in the mainstream. None JOHN BARRASSO, who is the chairman of evidence of exactly how Judge Gorsuch of it matters to some of my colleagues the Environment and Public Works views the role of the courts in applying on the Democrat side of the aisle. They Committee on which we both serve. He the law. were sharpening their knives for any- is the senior Republican, and I am From what I have seen so far, he ap- one—anyone the President might pleased and really privileged to be the pears to take the law and the Constitu- nominate, regardless of their qualifica- senior Democrat alongside him. tion at face value. He doesn’t treat tions. They wrote their press releases What I would just say in response is— them like blank pages on which he can months ago, full of attacks on a person if Senator SCHUMER were here, he rewrite the laws the way he wishes most of them had never met. It is what would be perfectly capable of thinking they were. As he wrote in one opinion: Democrats always do when a Repub- for himself and defending himself, but I ‘‘Often judges judge best when they lican President nominates someone to would say this: On the question of judge least.’’ the Supreme Court. It is exactly what whether Judge Gorsuch will have a

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.053 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1013 hearing, I think he will have a hearing, I want to take just a moment and go State. And a number of people in my and he should have a hearing. On the through the five key provisions in Sen- State, I am sure in his State as well, question of whether there will be a 60- ator John Chafee’s 1993 legislation. I lost coverage because they had a pre- vote margin—the last couple of people will start here at the bottom of this existing condition. Maybe they had who have been confirmed for the Su- chart. coverage for a while, and they lost cov- preme Court, both Democrats, were One of the things we see in the erage or lost their job or something confirmed by more than 60 votes. Chafee legislation was the idea that like that, and then they had a condi- I don’t know Judge Gorsuch well, but folks who did not have access to health tion that could be a scare with colon I do know Merrick Garland pretty well, care and were not part of a large group cancer, breast cancer, prostate can- and I must say I am disappointed that plan would have an opportunity to cer—you name it—and they eventually he never got a hearing, although he have the benefit as we do in the Fed- planned to sign up to get health care was nominated by Barack Obama when eral Government and, like half the peo- coverage, and because of the pre- there was almost 10 months remaining ple who get health care in the country, existing condition, they couldn’t get it. in President Obama’s term. Not only get coverage through a large group So what Chafee said in his proposal to did he not get a hearing, a lot of folks plan. So there would be a large group insurance companies was: You cannot on the other side of the aisle couldn’t buying access to health care coverage refuse to provide coverage for someone find the time to meet with him, and he for a lot of individual people who hap- because they have a preexisting condi- never had a vote—a 60-vote margin or pen to be in that group; maybe they tion. even a simple majority, 51 votes. work for the same employer. The health insurance companies said: For us to now hear it is important But Senator Chafee came up with a Well, if you are going to put that pre- that Judge Gorsuch get a hearing and good idea, and the idea was that we existing condition on us, then we have get an up-or-down vote, I just wish I might want to create in each State to have the individual mandate. In had heard those voices here over the something called exchanges or market- these State exchanges you are going to last year when a very good man was places where people who didn’t have create, Senator Chafee, we have to treated I think very badly—very badly. coverage could find coverage and be make sure there are people in the pur- That was Merrick Garland. That is for part of a larger group and enjoy the chasing pools in each of the States who another day, but I couldn’t let the mo- benefits of being part of that larger are young and invincible, like our ment pass without saying anything. group. I think they called them ex- pages sitting here in front of me Mr. President, to back up to about 30 changes. They may have called them today—young, healthy. They just can’t minutes ago, I was talking about the purchasing groups. But it was a 1993 be people that are old and infirm and Affordable Care Act, and I yielded to idea. not well because they will consume a Senators TESTER, ISAKSON, and BAR- He also said that folks who got their lot of health care costs. We need a RASSO. Now I want to come back to coverage through one of these ex- mixed pool that is insurable so insur- where I was. changes or marketplaces in 1 of 50 ance companies can insure this pool for I am a Democrat. I am proud to be a States should get some help in buying health care and not lose their shirts. Democrat, a retired Navy Captain, and down the cost of health care premiums That was the long and short of it in I went to graduate school, under- if they are getting coverage through the Republican plan from Senator graduate at Ohio State, Navy ROTC, the exchange or the purchasing pool in Chafee, with some bipartisan support studied economics. After the Navy, their State, the marketplace, and we in 1993. after the Vietnam war, I moved from would call that a sliding scale tax cred- Mitt Romney became Governor of California to Delaware, got an MBA at it. The lower the income of the person Massachusetts sometime after the turn the University of Delaware and studied buying their health care coverage of the century, and he was interested some more economics and some other through the marketplace, the bigger in running for President. He is a smart things in their MBA program. I became the tax credit, and as a person’s income guy. Some of us know him, some better State treasurer, Congressman, Gov- goes up, the size of the tax credit goes than others. But he is a very smart fel- ernor, Senator. down and eventually goes away. That low. He is smart enough to know that I have always been intrigued by how was in Senator Chafee’s legislation in if he wanted to run for President some we harness market forces. How do we 1993. day—and he did—one of the things he harness market forces for good public Also in Senator Chafee’s legislation could do that could help bolster his policy outcomes? You don’t always was something called an individual chances was to be able to demonstrate hear Democrats say that, but that is mandate, which basically said that after years and years of people talking the way I think. I think if we can find under his proposal, people had to get about providing health care coverage ways to harness market forces and coverage. You couldn’t make somebody to just about everyone in our country, achieve a good public policy outcome, get coverage if they absolutely refused he could actually say: We did this in that is a good thing. We ought to try to to, but the idea was to penalize people our State. We actually provided cov- find them, and I think if we can, we in one way or another, maybe with a erage for just about everybody in Mas- can generate good bipartisan support fine or something like that, and say: If sachusetts who needed coverage. When for our ideas. At the end of the day, if you don’t get coverage, we can’t force he decided to do this, he was smart it meets our goals, so be it. you to, but we are going to impose a enough to go back to Senator Chafee’s I keep going back to 1993, which is fine or penalty on you, and over time, blueprint from the 1993 legislation. when John Chafee, whom I knew—I was that fine or penalty will increase. It was a decade later that Mitt Rom- a Congressman then. Actually, in 1933, Maybe eventually you will say: Well, I ney became Governor. I say this as a he introduced his own version of the am paying this fine or this penalty, recovering Governor myself: You are Affordable Care Act, cosponsored, I and it is going to be pretty expensive. always looking for what works to see if think, by 20 other Republicans and Maybe I ought to get health care cov- it might be transferrable to your State. maybe 3 Democrats. Among the Repub- erage to avoid the penalty. That is But he seized on Senator Chafee’s pro- lican cosponsors of John Chafee’s legis- called the individual mandate. posal, and the similarities are pretty lation—which actually looks like the Chafee’s mandate was that employers striking. Like the Chafee plan, Affordable Care Act—were a couple of of a certain size would be required to RomneyCare—they call it Republicans who are still here. One of provide health care coverage for em- RomneyCare—created these State ex- them is the chairman of the Finance ployees. It was a mandate, not for all changes, or purchasing pools, just as in Committee, ORRIN HATCH, and the employers but for a number of them Chafee’s legislation. They had the slid- other is the fellow on the Finance Com- when they reached a certain number of ing scale tax credits to help them buy mittee who is actually senior in terms employees. coverage, buy their health insurance of the Finance Committee to ORRIN, Then the fifth provision in the Chafee through the purchasing pool so people and that is CHUCK GRASSLEY. They co- plan in 1993 was a ban on preexisting with a lower income could get a bigger sponsored the 1993 legislation that conditions. Some know that the Pre- tax credit, and as their income goes up, Chafee introduced. siding Officer is a physician in his the credit gets smaller and smaller,

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.055 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1014 CONGRESSIONAL RECORD — SENATE February 9, 2017 and then it finally phases out. That is mandate. You can’t make people get So that is how most people get their what they did in RomneyCare. coverage, but you can have an accel- coverage here. The third thing they had was a ban erating scale so people will eventually Next, about—let’s see, this green on preexisting conditions in Massachu- bite and get the coverage, and we also area right here, it has anywhere be- setts. If someone had a preexisting con- had the employer mandate. Not every tween 15 and 20 percent of people who dition, the insurance company could employer but a certain size number of get health care coverage in this coun- not say: No, no coverage for you. They employers had to have—had to cover try, they are in Medicare, the 65 and had to provide coverage. Just like in- their employees. over or totally disabled, unable to surers told Senator Chafee all those It is kind of remarkable. I think if work, and qualify for Medicare because years ago in 1993; that if we are going you talked to most people in this coun- of that. One of the little known things to have to insure people because of pre- try, and you walked through this, they about the Affordable Care Act is that existing conditions, you have to give us would be amazed to know that the Af- the Medicare trust fund had been run- a pool of people to insure, that we can fordable Care Act, with these five ning out of money for quite a while, insure and not lose our shirts. That in- major provisions, was actually stolen, and the date at which it eventually cluded individual mandates so we could plagiarized, from a Republican Sen- runs out of money and will not be able have the young, the healthy in the ator, Chafee, in 1993; but from Gov- to provide coverage can continue to get pool, and at the same time call for the ernor Romney’s proposal. closer and closer. One of the benefits, employer mandate so employers of a There is more to the Affordable Care little known or noted in the Affordable certain size had to ensure that their Act, including the expansion of Med- Care Act, is that since it was adopted, employees were getting health care icaid coverage—not for everybody, but the life of the Medicare trust fund has coverage. up to 135 percent or so of poverty, and been extended by 12 years. After com- That was in the Romney plan. They the real focus on how do we move from ing down for years and years and years, launched it about a decade ago, and a sick care system, where we just spend the life of the Medicare trust fund has right off the bat it was warmly em- money on health care for people who been extended by 12 years. Medicare braced by the people of Massachusetts. are sick, why don’t we spend some people, they don’t buy their coverage They thought this could be cool. And it money to try and make sure people on the exchanges, but a lot of people was good. It was the right thing to do. stay well, on prevention and wellness, can still use fee-for-service. Maybe it It might just work and be an example early access to care, so folks can get a works for some people. I don’t know if for the rest of the country. So they had colonoscopy maybe before they come it is the best way to get good coverage a warm embrace and a good launch. down with colon cancer or get a mam- for an affordable price, but we have In the first couple of years, they did mogram before breast cancer, those seen a migration to what is called a good job in RomneyCare in covering kinds of things. Medicare Advantage. I think it is like a lot of people and reducing the num- One of the great things of the Afford- managed care with a heart and a head, ber of people who did not have cov- able Care Act, little known to most and now about one-third of the folks on erage. What they didn’t do such a good people, is the idea that we need to col- Medicare get that coverage. Fifteen to job on, though, for the first several laborate in the delivery of health care twenty percent of the people get their years, was on the affordability side. so it is not just one hospital working Health care costs continued to rise in by itself but maybe build a network of coverage in this big 300 million-person Massachusetts. There were several rea- hospitals, and maybe with these, work- pie chart from Medicare. About 20 to 25 sons for that, one of which was the in- ing with doctor groups, groups of doc- percent of the people who are getting dividual mandate. They had a fine. So tors. The idea is to collaborate in the health care coverage in the country if you happen to be young and maybe delivery of health care in ways that today get their coverage through Med- you didn’t think you needed health focus on wellness, prevention, and that icaid. Believe it or not, it is not mostly care, you had to pay a fine if you were is, I think, little noticed; the idea of part families or women with children, a certain age and didn’t sign up. It was better results for less money. I call it it is mostly people—maybe like our an increasing fine that went up over value, looking for value. parents or grandparents who are in time. Eventually, people decided, Well, That is just a little bit of history, nursing homes, a lot of them with de- if I have to pay this fine, I might as and I think it is worth looking at. mentia. They spend down their re- well get health care coverage, but they Could we look at the next one. sources and they end up going to nurs- didn’t do it initially. They were nega- I have a pie chart I would like to ing homes, and Medicaid pays to help tive in terms of coverage. share with everybody. I don’t know if keep them alive and cared for, and that Eventually, in Massachusetts not the Presiding Officer has seen this be- is anywhere from 20 to 22 percent. only did they do a good job in increas- fore. I have used it once or twice. This The States previously—virtually ing coverage, they actually did a pret- is a pie chart that has about 300 mil- every State has a Medicaid plan, but ty good job on affordability. One of the lion people in it, and this represents one of the things we did with the Af- reasons is, they had a good mix of peo- the 300 million or so people in our fordable Care Act was to say we want ple in their pools and a fair amount of country who have health care cov- to encourage States to cover not just competition between health insurance erage. The blue represents those folks up to 100 percent of poverty but maybe companies and providers—competition. who get their coverage through their up to 135 percent of poverty. The Fed- Fast forward to 2009, the Affordable employer. It doesn’t mean the em- eral Government will pay about 90 per- Care Act. When the Affordable Care ployer pays for all the costs of their cent of that, and maybe someday less Act was reported out of committee to health care; the employer pays the ma- than that, but we want more people to come here to the floor, what did it jority, and maybe the employees pay be covered through Medicaid, which is have? It had, No. 1, let’s create these some fraction or percentage of that actually more cost-effective than the State large purchasing pools, State ex- coverage. Over half the people in the purchasing pools I talked about earlier. changes and marketplaces, and that is country today getting health care cov- So we have 300 million people getting in Chafee’s bill and in RomneyCare. It erage are those in large group plans. If health care coverage. The lion’s share had sliding scale tax credits to help you look at what is going on with pre- of them—over 55 percent—get coverage buy down the cost of coverage in the mium increases, and increases in from large group plans. About 22, 25 exchanges and marketplaces. There copays and deductibles, my under- percent is Medicaid, about 15 to 20 per- was a ban on preexisting conditions, standing is the premium increases for cent Medicare, and what is left is about but insurers said: No, we can’t insure these folks—over half of the 300 million roughly 6 percent or so, they get their the people you want us to, we will have people in the pool—we actually com- coverage through the exchanges, to cover everybody, and those who pared premium increases before the through the marketplaces. have preexisting conditions, you have ACA was adopted and the years after, When our Republican friends and oth- to make sure we have a good mix of and premiums still go up for these ers criticize the marketplaces and the people in the insurance pool. folks but not by as much as they had sliding scale tax credits and the indi- So just like in Chafee and in before the Affordable Care Act was vidual mandates, the employer man- RomneyCare, we had the individual adopted. date, and maybe the ban on preexisting

VerDate Sep 11 2014 01:32 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.055 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1015 conditions, what they are criticizing is ing to get admitted and then spend a That is why I oppose his nomination right here, a very small portion of the lot of money. Where does the money for this very sensitive post. pie, the heart and soul of what was pro- come from? From those of us who use During the Presidential campaign, posed by Senator Chafee in 1993 and the the health care system, who are paying Candidate Trump tweeted, ‘‘I was the heart and soul of what was in premiums and our employers are pay- first and only potential GOP candidate RomneyCare in Massachusetts a decade ing premiums. The costs are really ab- to state that there will be no cuts to later. There is a certain irony there sorbed by the hospitals themselves. It Social Security, Medicare and Med- not lost on me and I know not on oth- makes not a lot of sense. icaid.’’ President Trump has repeated ers. The person in the House who has those promises since then. Can we do some things to improve been really in the forefront of repeal- Yet, throughout his tenure in the the delivery of health care among all of ing the Affordable Care Act is the per- Congress and throughout his time as these groups? Sure. Can we do it where son that Donald Trump has now named chairman of the House Budget Com- it covers more people and does it in a to be our Secretary of Health and mittee, Representative PRICE has more cost-effective way? Sure we can. Human Services. The idea of having a taken the exact opposite position, call- But the idea of sort of getting rid of new Secretary overseeing the Depart- ing for cuts to Medicare, cuts to Med- this—getting rid of particularly the ment of Health and Human Services, icaid, cuts to Social Security. He is piece down here and a lot of the other someone who is trying to run this pro- now going to be overseeing the Depart- provisions that are represented in this gram and oversee it and make sure ment responsible for Medicare and pie chart, I don’t think that makes a that it works in a way that provides Medicaid. So let’s look at how Chair- lot of sense. more coverage at an affordable price, is man PRICE’s policies would impact A friend of mine is a firefighter. We actually a person who has been trying those programs and harm the health work out in Wilmington at the YMCA to kill it for as long as he has been in care of Americans. before I jump on a train and come to the House of Representatives. Some First, on Medicare, he has called for work. We were talking not long ago people may not be concerned or upset privatizing Medicare through a voucher about a situation you have with a about that, but I am. I think that be- program. Make no mistake—seniors on Medicare are going to pay a lot more building that is on fire, and the people fore we put that person in charge in under their voucher plan. are up in the tall building and maybe that job, we need to remember some of Here is how it works: Instead of can’t get down to the elevators, and the lessons I just shared with folks going to the hospital and having Medi- they rush to the windows to look out here today. For these reasons, I cannot care cover the costs, seniors will in- to see if there is anybody down there. support the nomination. stead get the equivalent of a voucher. The firefighters are outside the build- With that, I yield the floor. Here is the catch: The value of that The PRESIDING OFFICER. The Sen- ing that is on fire, and they are yelling voucher will not rise nearly as fast as with a bull horn up to the folks on the ator from Maryland. Mr. VAN HOLLEN. Mr. President, I the cost of health care in this country, fourth and fifth floors: Go ahead and so each year that goes by, the value of jump. We will catch you. But the peo- thank my friend and colleague from Maryland’s neighboring State of Dela- that voucher will pay for less and less ple who are being asked to jump notice health care for seniors on Medicare. ware, the senior Senator, Mr. CARPER. I that the firefighters don’t have any Yes, TOM PRICE’s plan saves Medicare thank him for raising those points nets. money. It saves Medicare money by re- The idea of health care coverage about the very negative impact that quiring senior citizens on Medicare to where we are actually covering a lot repealing the Affordable Care Act eat the difference—the difference be- more people, and to say we are going to would have on so many folks in Dela- tween the value of the voucher, which pull that away from you for 20 million, ware and Maryland and, specifically, is effectively frozen over time, and the 30 million more people, and don’t rural hospitals. The Eastern Shore of cost of health care that those seniors worry, somewhere down the line—a Maryland and the Delmarva Peninsula are going to need. That is the wrong year or 2 or 3 years from now—we will have lots of rural hospitals that will be approach for making savings in Medi- provide the nets to catch you, I think put in the crosshairs if we repeal the care. that makes no sense—no sense. Affordable Care Act, so I thank the The right approach is the approach We got this far, so maybe one more Senator for raising those issues and taken in the Affordable Care Act, chart. sharing with the Senate the impact of where we begin to change the incen- Who gets hurt by repealing the Af- what repeal would do. tives in the system, so we encourage fordable Care Act? I rise to oppose the nomination of doctors and hospitals to focus on the I will just say this and then close, I TOM PRICE to be Secretary of the De- value of care they provide, not the vol- say to my friend from Maryland. partment of Health and Human Serv- ume of care they provide. The answer is everyone. We do not ices. I am very familiar with the views Another way in which Representative have a lot of rural space in Delaware. I and the policy positions of Congress- PRICE, the President’s nominee, would know we have a lot in Louisiana and man PRICE and the ideas he has with harm seniors on Medicare is when you quite a bit in Maryland. But folks who respect to health care and budget repeal the Affordable Care Act, you re- get their coverage from the rural hos- issues facing our Nation. open what was called the prescription pitals, whether it is in Delaware, Mary- Before coming to the Senate, I served drug doughnut hole. One of the things land, Delmarva, whether it is in Lou- as the senior Democrat, the ranking the Affordable Care Act did was allow isiana, the rural hospitals, they are member on the House Budget Com- seniors with high prescription drug going to get clobbered if we repeal the mittee, and Congressman PRICE is the costs to not have to choose between Affordable Care Act and take away the chairman of that committee. I have paying the rent or putting food on the Medicaid expansion, take away the said this before, and I say it again; that table and the cost of their drugs. Over marketplaces. They will get clobbered despite our very deep differences over time, it is closing that doughnut hole and a lot of them will close. The feder- critical issues facing our country and that seniors fell into and couldn’t ally qualified community health cen- health care policies, Representative cover the costs of needed prescriptions. ters, they are going to get clobbered, PRICE did conduct the business of the When you repeal the Affordable Care and they provide coverage for 10 mil- Budget Committee in a professional Act, you repeal those protections for lion people in our country. manner. seniors. That is what TOM PRICE’s When people are denied coverage in I respect the intensity with which he budget would do. It is right there in his those rural hospitals or suburban, argues his case, but it is because of his budget plan. urban hospitals or the federally quali- inflexible and highly ideological posi- Another harm that would befall sen- fied community health centers, where tions on critical matters before us that iors is that repealing the Affordable people don’t get coverage there, they I oppose him. I firmly believe his poli- Care Act wipes out the provision that will get health care somewhere, and it cies will do great harm to the health allows seniors on Medicare to get free may be going to an emergency room at and well-being of tens of millions of preventive screenings. We want to en- a hospital, getting really sick and hav- Americans throughout this country. courage seniors, just like everybody

VerDate Sep 11 2014 01:46 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.057 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1016 CONGRESSIONAL RECORD — SENATE February 9, 2017 else, to catch health problems early, so But they did repeal. A lot of people cans who get their health care through we said: You don’t have to pay these don’t realize they repealed it because their employers—which is most of steep copays if you want to get President Obama was there to veto the them—benefit from the patient protec- screened for cancer, diabetes, or what- legislation that came to his desk that tions in that legislation. Frankly, they ever it may be. Millions of seniors have repealed the Affordable Care Act. But benefit from the fact that people who now benefited from that—not only by it was just last year. Congressman TOM used to not be able to get any health not having to pay out of pocket but by PRICE—the person who is going to be in care and who were showing up in the catching problems early and getting charge, if President Trump has his emergency room and raising the costs them treated so they get the health way, the head of HHS—was the main for everybody else—they will have it, care they want. But TOM PRICE’s plan architect of that repeal—not repeal and which is why, as he said, premiums for would repeal all of that. replace; repeal. the majority of Americans in the em- If you are a senior on Medicare now The nonpartisan Congressional Budg- ployer market have actually gone up or a senior who may be getting to the et Office—the organization the Con- very slowly compared to what they point of Medicare or anybody else—we gress relies on to present unbiased were doing before the Affordable Care are all going to be there someday—No. analysis—in fact, the current Director Act. As I mentioned, seniors on Medi- 1, you are going to see the plan turn of CBO was selected by the Republican care get socked in the chin. into a voucher plan, which is going to chairman of the House committee and I just came from a meeting with the cost a lot more for no more health the Republican chairman of the Senate head of one of Maryland’s rural hos- care, maybe less; you are going to pay committee. They issued a report just pitals in Western Maryland, out on the more for prescription drugs; and you last month, January 2017. What would Maryland panhandle. This is an area are going to pay more for preventive have happened if TOM PRICE’s repeal that Donald Trump carried overwhelm- screenings. That is a bad deal, but that had actually been signed by President ingly with a big vote out in Western is the TOM PRICE plan. Obama? What if that had actually be- Maryland. Let’s take a look at his Medicaid pro- come law? What would have happened The CEO of Garrett Regional Medical posal. Again, Candidate Trump said he to health care in America? Here is Center came to my office today and let wasn’t going to cut Medicaid. The what they said: The number of people me know all the good things they are budget plan put forward by TOM PRICE, who are uninsured would increase by 18 doing for people in Western Maryland. chairman of the House Budget Com- million in the first plan year following The last page of this request says: mittee, calls for over $1 trillion in cuts enactment of the bill. Later, after the ‘‘Seeking your support,’’ and here is to Medicaid over 10 years. It is right elimination of the Affordable Care the bullet point: Garrett Regional Med- there in the plan. Just read it. They Act’s expansion of Medicaid eligibility ical Center is very concerned about don’t make any secret about it. The ac- and subsidies, that number will rise to ACA repeal. Our organization will im- companying report talks about it—$1 32 million in 2026. So in year 1, 18 mil- plode—implode—without proper re- trillion over 10 years. lion Americans would lose access to placement. Many people don’t realize this, but Yet the legislation, the reconcili- health insurance. two-thirds of the money we spend for ation bill that Representative TOM How about the cost of premiums? The Medicaid goes to provide long-term PRICE rammed through the House and cost of premiums in the exchanges care to seniors in nursing homes, to then they got through the Senate and have been high, and there are practical people with severe disabilities, very went to President Obama’s desk, would things we can do to reduce them. But if fragile individuals who have no other have done exactly that—it would have TOM PRICE had his way, according to source of medical security. It would imploded this Western Maryland re- the Congressional Budget Office, here cut dramatically from that. Almost 50 gional medical center. Imploded it. is what would have happened: Pre- percent—the largest single share of President Obama said no. people in Medicaid—is kids. They are miums in the non-group market, the Now, despite the fact that Candidate kids. Affordable Care Act exchanges, would Trump tweeted out that he wanted to I just happened to meet today with increase by 20 percent to 25 percent rel- protect Medicaid and Medicare, he has the head of the Children’s National ative to current law—in other words, appointed somebody to this key posi- Health System and his team. His No. 1 compared to if we did nothing. tion who has taken the opposite posi- plea and request to me: Don’t cut Med- It is really important that the Amer- tion. That is why I cannot in good con- icaid. You will hurt kids if you do it. ican public understand that the man science vote in support of this nomina- They provided me some information the President is asking to be head of tion. It is too big a risk to the health and facts. What is Medicaid? Medicaid Health and Human Services for the care of Marylanders and to the Amer- is the single largest health insurer for United States of America is the same ican people. children. Medicaid is a vital program person who was the architect of the bill Mr. President, I yield the floor. for children. It covers over 30 million that went to President Obama that The PRESIDING OFFICER. The Sen- children nationwide. When we cut Med- within its first year would have re- ator from Maryland. icaid by $1 trillion, we hurt children by sulted in 18 million Americans losing Mr. CARDIN. Mr. President, first let hurting their health care. access to health care and jacking up me comment and thank my colleague In addition to calling for these very premiums by 20, 25 percent in the ex- from Maryland, Senator VAN HOLLEN. deep and damaging cuts to Medicaid, changes. That is what would have hap- Senator VAN HOLLEN may be a new harming the Medicare program, and pened. Thank goodness President Member to the U.S. Senate, but he is raising the costs to seniors, Represent- Obama was there to veto that legisla- not a new Member to the Congress of ative TOM PRICE has been one of the tion. But he is not there anymore, and the United States. fiercest opponents of the Affordable President Trump is installing the per- I think Senator VAN HOLLEN said this Care Act, wanting to wipe it out. We son who would have had the dramatic very clearly: This nomination is very hear a lot about replacement. In other negative impact on the health care of much about the type of health care words, the mantra has been, let’s re- millions of Americans—your constitu- system we want for the people in this peal it and replace it. In fact, President ents, my constituents—and all of us country, whether we are going to have Trump, both as candidate and now, have heard many stories about the im- affordable, quality health care for all says he is going to replace it with pact. Americans, whether health care is something much better. Much better. I will close where Senator CARPER going to be a right or a privilege. I We heard for years Republicans in the closed because he went through many thank Senator VAN HOLLEN for the House and the Senate saying they were examples of who was going to be harm- points he made. going to replace it too. We have heard fully impacted by getting rid of the Af- I think the people of Maryland are them say that since the Affordable fordable Care Act. When we add it all not going to be surprised that I agree Care Act was first put in place roughly up, it is just about everybody. with my colleague from Maryland and 7 years ago: Repeal and replace. But as In addition to the 22 million Ameri- that I take this time to explain why I we are gathered here today, there is ab- cans on the health care exchanges who will oppose Mr. PRICE for Secretary of solutely no replace. will lose that access entirely, Ameri- Health and Human Services.

VerDate Sep 11 2014 02:41 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.058 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1017 Let me begin by talking about some- fordable Care Act. The repeal of that EXECUTIVE CALENDAR—Continued thing that happened in Maryland dur- law would jeopardize those 30 million. Mr. MCCONNELL. Mr. President, for ing my first year in the U.S. Senate. I In Maryland, the uninsured rate has the information of all of our col- was elected in 2006. In 2007, in my very gone down from over 12 percent to a leagues, including our newest colleague first year, we had a tragic situation little over 6 percent. We have cut our from Alabama, who is going to have a that occurred a few miles from where uninsured rate by about 50 percent. very long first day here, if all time is we are right here, in Prince George’s That is so important for so many dif- used postcloture on the Price nomina- County, MD. A youngster, 12 years of ferent reasons. Yes, it is important for tion, the Senate will have two votes at age, Deamonte Driver, died from a the 400,000 Marylanders who now have 2 a.m. Senators should be prepared to tooth problem. Let me give you the third-party coverage who didn’t have stay in session and take those votes to- background on this because this is a third-party coverage before. They now night. If an agreement is reached to very tragic situation. This is in the can go see a doctor rather than using yield back time and to cast those votes State of Maryland, one of the wealthi- an emergency room. They don’t have earlier, we will notify Members the est States in one of the wealthiest na- to wait if they have a medical condi- moment such an agreement might be tions. tion; they can get care immediately. reached. Deamonte Driver’s mother recog- They can get access to preventive I thank my friend from Maryland. nized that Deamonte Driver had pain health care that keeps them healthy so I yield the floor. in his mouth. She tried to get him to a they don’t enter our health care sys- The PRESIDING OFFICER. The Sen- dentist, but they had no insurance and tem in a much more costly way. ator from Maryland. no coverage. She couldn’t get anyone Before the Affordable Care Act, these Mr. CARDIN. Mr. President, the to take care of her son. What was need- 400,000 people got their health care, but point I was starting with is that in ed was an $80 tooth extraction. If he they didn’t get it in the most cost-ef- Maryland, yes, there are 400,000 people could have seen a dentist, that is ex- fective way. They used emergency who now have coverage who didn’t actly what would have happened. He rooms, which are very expensive. They have coverage before, and they are ben- couldn’t get in because he had no in- didn’t pay for their bills. They entered efiting by being able to get preventive surance, and he fell through the cracks the health care system in a more acute health care and get affordable care, but of our system. That tooth became ab- way, using more health care services it is all Marylanders who are benefiting scessed, and it went into his brain. He than they need, and they didn’t pay because there is less use of emergency went through two operations, hundreds their bills. As a result, we saw that rooms and fewer people who use our of thousands of dollars of cost, and he those who had health insurance were health care system who don’t pay for lost his life. paying more than they should because it, the uncompensated care. That happened in my first year in the of those who did not have health insur- Many of my colleagues have read let- U.S. Senate. I vowed to do everything I ance. That added to the cost, not just ters that they have received from con- could to make sure there were no more of those who didn’t have the insurance stituents, or phone calls, and I am tragedies anywhere in America like but to all Maryland insured. going to do that during the course of Deamonte Driver’s. Every child should Mr. President, I see that the distin- my discussion. I am going to tell you a be able to get access to oral health guished majority leader is on the floor. story that I heard from a 52-year-old care. It is who we are as a nation. It is I will be glad to yield to him. I believe who lives in Harford County who fre- part of who we are, and it makes sense he has an announcement he wants to quently used the emergency depart- from the point of view of an efficient make. ment prior to the adoption of the Af- health care system. The PRESIDING OFFICER (Mr. fordable Care Act. This is what this I introduced legislation to provide BLUNT). The majority leader. Harford County resident told me: After pediatric dental care in this country. I the passage of the Affordable Care Act, worked with my colleague ELIJAH CUM- f I began working with Healthy Harford MINGS in the House of Representatives Watch Program and shortly after was TO CONSTITUTE THE MAJORITY and with others here, and we were able insured. I have been successfully linked PARTY’S MEMBERSHIP ON CER- to make some progress. Ultimately, we to community health services and no TAIN COMMITTEES FOR THE ONE were able to get this as part of our na- longer depend upon the emergency HUNDRED FIFTEENTH CONGRESS tional health policy in the Affordable room as my only source of health care. Care Act. It is now part of what is Mr. MCCONNELL. Mr. President, as I can give many more accounts of known as essential health services. in legislative session, I ask unanimous people who had to use the emergency I start this debate on the floor of the consent that the Senate proceed to the rooms and are now getting preventive U.S. Senate by saying that Dr. PRICE, consideration of S. Res. 57, submitted health care and are getting their the nominee for Secretary of Health earlier today. health care needs met. and Human Services, is one of the lead- The PRESIDING OFFICER. The We also now have been able to elimi- ers for the repeal of the Affordable clerk will report the resolution by nate the abusive practices of insurance Care Act, which would repeal essential title. companies. As I said, over 2 million health services, which would eliminate The senior assistant legislative clerk people have private health insurance in the right for all children in America to read as follows: Maryland. They are all benefiting from have pediatric dental care. So I then A resolution (S. Res. 57) to constitute the the Affordable Care Act. look at what Mr. PRICE would replace majority party’s membership on certain If Mr. PRICE has his way and we re- it with, and I am confused because I am committees for the One Hundred Fifteenth peal the Affordable Care Act, every not exactly sure what he would replace Congress, or until their successors are cho- Marylander will be at risk. They will it with. I have looked at what he has sen. be at risk because of the protections done as a Member of the House, I have There being no objection, the Senate that we put in the Affordable Care Act looked at what he has done as the proceeded to consider the resolution. against abusive practices of insurance chairman of the Budget Committee, Mr. MCCONNELL. I ask unanimous companies. and I am not confident that we would consent that the resolution be agreed To me, probably the most difficult maintain that type of guaranteed cov- to and the motion to reconsider be con- thing to understand by my constitu- erage for our children. sidered made and laid upon the table ents was the cruel preexisting condi- That is just one concrete example— with no intervening action or debate. tion restrictions that were placed in one person—of why I am concerned The PRESIDING OFFICER. Without the law prior to the Affordable Care about what would happen if we re- objection, it is so ordered. Act. Simply put, if you had a pre- pealed the Affordable Care Act, and we The resolution (S. Res. 57) was agreed existing condition, the insurance com- don’t know what is coming next. to. pany would restrict coverage for that The Affordable Care Act—30 million (The resolution is printed in today’s preexisting condition. So exactly what Americans now have affordable, qual- RECORD under ‘‘Submitted Resolu- you needed the health care system to ity health care as a result of the Af- tions.’’) pay for, your insurance company didn’t

VerDate Sep 11 2014 01:46 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.060 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1018 CONGRESSIONAL RECORD — SENATE February 9, 2017 pay for it. They said: Look, you had we repeal laws, we can go back to these Care Act. We recognize that not every- this heart condition before you were types of practices. Before the Afford- one can afford the premiums, so we insured; we are not going to pay for able Care Act, if you had chest pains provided credits. If you repeal the Af- your heart needs. You had cancer; we and shortness of breath, you would do fordable Care Act, we may very well are not going to pay for your cancer what I would think any reasonable per- not have affordable policies for those treatment in the future. You have dia- son would do: You would be taken to individuals who have been able to get betes, and that leads to a lot of dif- the emergency room as soon as possible credits under the Affordable Care Act. ferent health care needs. We are going to see whether you are having a heart I want to talk about a situation that to restrict your insurance coverage and attack. Those are classic signs of a was brought to my attention at several not pay for diabetes care. That is a heart attack. Yet there were insurance of the roundtable discussions I have thing of the past with the Affordable policies that said that if you went to a held in Maryland with interest groups Care Act. hospital that was out of network, they on health care, and that has to do with Once again, we are now talking about weren’t going to pay the full amount small businesses. repealing the Affordable Care Act. We even though you went to the closest Before the Affordable Care Act was don’t know what it will be replaced hospital because you had an emergency passed, if I had a forum on small busi- with, if at all. Mr. PRICE, in the House, situation. That makes no sense at all, nesses—and I did. I have been a mem- has not given us a satisfactory expla- but that was the case. ber of small businesses and entrepre- nation during the confirmation process You went to the hospital. You did the neurship committees since I first came of how we are going to be able to guar- right thing, and you found out you to the Senate. I believe in the impor- antee that everyone who has insurance didn’t have a heart attack. You went tance of small businesses. That is and everyone who has a need for cov- home. You were happy until you got where job growth and innovation takes erage with preexisting conditions will the bill, and your insurance company place. It is critically important that we be able to get insurance that won’t dis- said you didn’t need to go to the emer- help small businesses. criminate against that person because gency room because you didn’t have a Before the passage of the Affordable of preexisting conditions. heart attack. Then you do have a heart Care Act, the No. 1 issue that would Another aspect that was an abusive attack because you can’t pay the bill. come up at roundtable discussions I practice before the Affordable Care Act That was the circumstance that ex- had with small business leaders of is that our insurance policies had caps isted before the Affordable Care Act, Maryland was the affordability of on how many claims you could make in and we put into the Affordable Care health coverage for their employees. It a year over the lifetime of your policy, Act, for all insurance companies, the is no longer an issue that they talk and that would kick in exactly when prudent layperson standard. If it was about because the Affordable Care Act people who have chronic needs need in- prudent for you to go to the nearest has allowed small companies to have surance the most. emergency room, your insurance plan competitive premium costs with larger Let me give an example. Juanita, must cover that cost. That is the companies. who lives in Hyattsville, MD, told me standard today, and I wonder whether, Before the passage of the Affordable about her son. She said her son seem- if we repeal the Affordable Care Act, Care Act, if you were a small business ingly was in perfect health, had grad- we will be going back to those types of owner and you had maybe 10 people in uated from Harvard with a master’s de- abusive practices. your employ on your health policy and gree and was working at a nonprofit. Before the Affordable Care Act, one of those individuals unfortunately Then he was diagnosed with a rare car- women in some circumstances were in had a major health episode during that diovascular disorder. He didn’t know he and of themselves a preexisting condi- year, you knew that the next year you was going to have that. Well, that re- tion. Are we going to go back to those were going to get a major premium in- quired him to have multiple oper- days? crease because you were rated on your ations, and it would have fully exceed- Let me go on to another point that own experiences as a small group. That ed his lifetime cap in hospital stays, worries me about Mr. PRICE’s position is a thing of the past under the Afford- and he would not have been able to af- if we were to repeal the Affordable Care able Care Act. Now, under the Afford- ford the care. Thanks to the Affordable Act, and that is affordability. It is one able Care Act, you are in this big pool, Care Act, Juanita’s son has full cov- thing to say people can buy insur- and you are not discriminated against erage. That is another example of a ance—you know, there is insurance out because you happen to have someone in person who is at risk if Mr. PRICE is there; just buy it. It’s another thing your employ who needs health care. able to carry out what he said—repeal whether you can afford the insurance It also enables small business owners the Affordable Care Act—and we don’t coverage. to hire people who have particular have a way to guarantee that insur- One of the benefits of the Affordable health needs. They are not going to be ance companies must take all comers Care Act that I don’t think has been discriminated against because they and must eliminate the caps that we fully explained to the American people hire somebody who happens to have the have seen in the policies before. is that since the passage of the Afford- need for health insurance. Before that, Another area which I think has been able Care Act, we have been able to small companies were very reluctant to a pretty popular part of the Affordable keep the growth rate of health care hire individuals who had health needs Care Act and which I heard many of costs below what we had seen before because they knew it would affect their my colleagues on both sides of the aisle the passage of the Affordable Care Act. health policy. say they want to keep is allowing 26- We have reduced costs for all individ- I want to mention one other factor year-olds to stay on their parents’ poli- uals and companies that have health that is pretty telling. Let me read from cies—under 26 years of age. That is a policies. The rate of growth has been at a letter I received from Nancy of Silver very popular provision. I heard many of a slower rate because of the Affordable Spring. This is something that really my colleagues speak in favor of it. Re- Care Act. And I have already alluded to gets to me, something I think we have member, when you repeal the Afford- one of the reasons—we reduced uncom- to be very careful about, because the able Care Act, that will be repealed. pensated care because more people are repeal of the Affordable Care Act is Unless we have adequate replacements, paying their bills. We kept the growth going to hurt our economy. unless we have an improvement, that is rate down. Nancy of Silver Spring is a 60-year- at risk as well. But there are other aspects to the Af- old freelance writer/editor and depends I want to talk about another provi- fordable Care Act that have helped upon the Maryland Health Connection sion that was in the Affordable Care bring down the costs, and that is, we exchange for her health insurance and Act. I authored the provision. It is have premium tax credits. In 2015, 70 the tax credit that helps reduce her called a prudent layperson standard for percent of those who were enrolled in premium. She is a healthy 60-year-old, emergency care. Let me take you back the Maryland Health Connection—that but no insurance company will write before the Affordable Care Act. This is is our exchange in the State of Mary- her an individual policy, she knows— why it is important for Congress to be land—received some form of a credit. she tried. One of the big factors that careful as to how we pass laws. And if That was provided in the Affordable helped Nancy get the courage to leave

VerDate Sep 11 2014 01:46 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.061 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1019 her salaried, full-benefits job and go tem, is guaranteed certain benefits. Maryland has been a pretty strong out on her own was the fact that the That affects nearly 3 million Mary- State with Medicaid expansion. My ACA was right on the horizon when she landers who are protected by the essen- Governor is doing the right thing. I am made the leap in 2012. tial health benefits in the current law. proud of what Maryland has done, but Nancy writes: They include such things as maternal if you withdraw the Federal partner- You want a world-class work force? How benefits and newborn health care, men- ship, the Governor doesn’t have that about giving everyone access to affordable tal health and addiction. type of flexibility in the budget to health care so we can keep ourselves func- Mr. President, you have been the make up the difference. It is going to tioning? You want job creation? How about leader of this body on dealing with hurt. It is going to hurt our health care keeping the ACA so freelancers, gig workers, and startup entrepreneurs don’t have to split mental health services and addiction system, hurt our most vulnerable. their energy between the jobs they are cre- services, and I applaud you for your ef- It has been estimated that a block ating and some soul-sucking ‘‘day job’’ just forts, but quite frankly, if we lose the grant—that by 2019, Maryland will lose for the sake of keeping our health insurance? essential health benefits, private insur- close to $2 billion. We can’t make that This is a real problem. You repeal the ance companies aren’t going to cover up. Would we still cover substance Affordable Care Act, people become these costs. abuse under Medicaid? We didn’t be- what is known as job-locked. They We have an epidemic nationwide on fore. If we don’t cover that, are we don’t like where they work, they know drug addiction. We have seen opioid going to now be denying those centers they can do better, but they can’t af- misuse lead to heroin, lead to fentanyl. that are located for substance abuse? ford to leave and lose their health cov- The death rate in Maryland is up about All this is put at great risk. erage. It may be their spouse, it may 20 percent every year. We have doubled We know that Mr. PRICE, in his fiscal be their child, may be their self, but and quadrupled the number of ODs the year 2017 budget proposal, looked at they are job-locked because they don’t last 5 or 6 years, and the numbers are this proposal, and I believe it was at $1 have the protection of knowing they still going up. We need coverage so trillion at that time. can get affordable coverage if they give that we can, first and foremost, stop There is a provision in the Affordable up the insurance they currently have. people from using it in the beginning— Care Act that I authored that sets up That hurts our economy. That hurts an education program, a prevention Offices of Minority Health and Health the entrepreneur spirit. That hurts in- program; we have to do more of that. Disparities within all our health de- novation. And it is something that is We also have to keep people alive and partments and sets up the National In- critically important that we solved in get them into treatment and save their stitute for Minority Health and Health the Affordable Care Act. lives, and the Affordable Care Act helps Disparities. We elevated it in the Af- Mr. PRICE talks about the repeal and us get that done. fordable Care Act. I would certainly we will have something to replace it You repeal these essential health hope that we would not be repealing with. That is not an easy one to fix. benefits, I really worry as to whether— that, although it is in the Affordable That is not one that you can just say mental health and drug addiction have Care Act. But I can tell you that the we will take care of because you have never been a priority for private insur- mission of Minority Health and Health to have pools for individuals in small ance companies or, for that matter, the Disparities will be severely restricted companies that are competitive. If we Medicaid system. So we have to make if we repeal the Affordable Care Act or don’t have the type of comprehensive sure that we maintain that type of cov- we block-grant the Medicaid Program coverage we have under the Affordable erage, and the repeal of the Affordable because it is the minority population Care Act, it is very difficult to under- Care Act puts all of that at risk. who had been discriminated against stand how that can, in fact, be done. So One of the areas I worked on very historically in our health care system that gives me great heartburn with carefully when I was in the House, and who are most at risk. someone who espouses the repeal of the now in the Senate, was preventive I can give you one example of that: Affordable Care Act. health care services. Immunization, our qualified health centers. We sig- We have many stories, many letters cancer screenings, contraception— nificantly increase the resources in the here from people who literally would those types of services are critically qualified health centers as part of the have had to go through bankruptcy. important. We had a meeting at lunch Affordable Care Act. I have been to our In Laurel, MD, Mark tells me about today. I found out that unwanted preg- qualified health centers in Maryland, his son Timmy, who developed a rare nancies are at a historically low level. and I have seen that they now have genetics syndrome called Opitz G/BBB. Are we going to go back to the day dental services that they didn’t have Timmy’s medical expenses would have where women cannot afford contracep- before the Affordable Care Act. They reached his family’s lifetime maximum tive services? That makes no sense at now have mental health facilities. It is of $1 million when he turned 3 months all. It is counterproductive to what we one thing to have third-party coverage old. When Timmy finally made it all agree we need to do. but another thing to have access to a home, the ACA covered and continues I want to talk about one or two other facility. We know that in rural areas, to cover his cost of medical equipment. issues which I think are important it is very challenging. In poor neigh- The law covers all of Timmy’s spe- which are also in jeopardy with the re- borhoods, it is also challenging. Quali- cialist appointments, surgeries, and peal the Affordable Care Act or policies fied health centers help fill that void. hospital stays. that have been espoused by Mr. PRICE. I was talking to our qualified health Recently, Timmy was sick and One is the Medicaid expansion. centers in Maryland. I said: What hap- coughing up blood. Mark and his wife The Medicaid expansion covers our pens now if we repeal the Affordable took him to the emergency room with- most vulnerable. These are people who Care Act? They literally told me that out fear that he would incur debt he don’t really have a strong voice in our they can’t stay in business because would never be able to pay. Without political system. They are people who they would lose so much of their reim- the Affordable Care Act, Mark’s family really depend upon us, every one of us bursement because it is now being re- would likely be in bankruptcy. in the Senate, to protect their health imbursed under the Medicaid system Go back before the Affordable Care care needs. These are people who are because these people enrolled; that it Act. Look under bankruptcies. Look up desperate, who can’t afford health care would jeopardize their ability to pro- what the major reason was for bank- other than through our medical assist- vide the types of services they are pro- ruptcy. It was people’s inability to pay ance program, the Medicaid Program. viding today. So you are not only deny- their medical bills in the United States Yet there has been talk about blocking people third-party reimbursement, of America. That is something we don’t granting that program to the States. you are denying them access to care by want to go back to. Have you looked at State budgets re- the repeal of the Affordable Care Act. I started my comments by talking cently? Do you really believe our Lastly, let me talk about our Medi- about pediatric dental. The Affordable States have the financial capacity to care population. Medicare was part of Care Act provides essential health ben- deal with the Medicaid population the Affordable Care Act. We don’t hear efits so that every person who is in- without a partnership with the Federal too much talk about that today. We ex- sured, every person who is in our sys- government? tended the solvency of Medicare as a

VerDate Sep 11 2014 01:46 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.063 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1020 CONGRESSIONAL RECORD — SENATE February 9, 2017 result of the Affordable Care Act. We the Affordable Care Act. Well, the qualified to serve as our next Health brought down the cost of Part B pre- truth is, ObamaCare is collapsing and Human Services Secretary than miums as a result of the Affordable under its own weight today. In my my good friend, Dr. TOM PRICE. Care Act. And we are closing the State of Georgia, this year alone, after I am proud to support him. I am glad doughnut hole coverage gap for pre- double-digit increases last year, pre- we are finally grinding our way to his scription medicines within the Medi- miums are up 33 percent this year. Na- confirmation later tonight, but while care system. Before the Affordable tionwide, premiums are up 26 percent. we talk about his confirmation, we also Care Act, how many times would we go So the other side talks about it being need to talk about this frog walk that to a senior center and someone would affordable. People back home—I am the opposition is making us go through tell us they didn’t pick up their pre- getting letters every week about the to get these nominees confirmed in this scriptions from the counter because fact that people are withdrawing from Cabinet. This is taking the longest they didn’t have the money to pay for ObamaCare because of the increase in time to confirm a Cabinet since George the cost because they were in the premiums, and most insidious are the Washington. doughnut hole? Well, that is coming to increases in deductibles. Some two- We see extreme delays, longer delays an end. It has already closed enough so thirds increase—67 percent—increase in than we have seen at any time since people are not in that vulnerable situa- deductibles. the first President was in office. Imag- tion. But it is now coming to an end as You know, we don’t have to worry ine if Hillary Clinton was President a result of the passage of the Afford- about repealing ObamaCare because it right now. Imagine. Imagine if Repub- able Care Act. is collapsing under its own weight. We licans in the Senate were doing what So I take this time today because of just have to sit back and watch it die the people across the aisle are doing Mr. PRICE’s nomination. I care deeply of its own volition. Here is how it is today. Imagine if we were delaying her about the principle Senator VAN HOL- going to happen. It is very simple. In Cabinet nominees to the point where LEN talked about and others have my State, out of 159 counties, we have we are now confirming them at a pace talked about; that is, health care in 99 counties that only have one health slower than any time since George America should be a right not a privi- care provider because of the Affordable Washington was in office in 1789. lege. The Affordable Care Act has Care Act. Even in that carrier, there Imagine. Imagine how the main- helped us in achieving that. are limited insurance programs avail- stream media would be screaming Somehow I believe that if we ask the able to their customers. about that story and how it would be a American people, some would say: What happens if that carrier decides very different story than what is being Well, we don’t like this ObamaCare, they cannot profitably afford to be in told today. This last week, the Senate but we like this Affordable Care Act. Georgia? Then 99 counties will lose any demonstrated exactly the type of be- Let us be honest with the American health care carrier. Where do they go? havior that folks in my home State of people. Let us recognize that this bill They will be fined under the Affordable Georgia, and I must say around the has changed the landscape of health Care Act for not having insurance. country, are absolutely fed up with and care in America for the better: reduced Where do they go? Well, the Federal sick and tired after. costs, extended coverage, more quality Government has an answer, obviously. They know this is exactly why Wash- coverage, insurance companies now The U.S. Government can always step ington is gridlocked and why we are have to spend at least 80 percent of in and be the insurer of last resort. Is not getting results for the American their premiums on benefits. that not the single-payer strategy that people. We are wasting time. People So much of that has been done as a was behind this all along? It is not are out of work. The other side says result of the Affordable Care Act. Can what American mainstream voters this is very real. Of course it is very we do it better? Absolutely. Let’s work want. real. It is time to move on. We have a together, Democrats and Republicans, The fearmongering that is going on new President. Put his team in place. to improve the health care system in right now about any potential repeal is The American people are being hurt by this country without scaring Ameri- just hypocrisy. I believe there is no and paying attention to this failure of cans that they are going to lose the question that there is a plan. We know responsibility. benefits they already have. there is, but to fix ObamaCare is very Real results can only be achieved if For those reasons, I believe Mr. difficult relatively to the way it was Washington politicians prioritize the PRICE does not represent what we need, built to begin with. It was based on the well-being of Americans, rather than and I will, unfortunately, be voting wrong premise; that is, that the Fed- their own individual political careers against his confirmation. eral Government is going to step in and and their next election cycle. The mi- With that, I yield the floor. take care of everybody’s health care. nority party is well within their rights, The PRESIDING OFFICER. The Sen- If you like the Veterans’ Administra- of course, to dissent and oppose the ator from Georgia. tion, you are going to love health care President’s nominees on solid ground. Mr. PERDUE. Mr. President, I rise done by the Federal Government in the Republicans have done that in the past, tonight actually to support the con- Affordable Care Act. By the way, if you but at no time in history have we seen firmation of my friend and fellow Geor- like the way the post office is run, you this sort of frog-walk delay being per- gian and our next Health and Human are going to love the way the Federal petrated on the people of America. Services Secretary, Dr. TOM PRICE. I Government runs our health care. They are using the rules of the Sen- have known Dr. PRICE personally and With all of that in mind, the No. 1 ob- ate inappropriately, in my mind, to worked with him for quite some time. jective of Dr. PRICE that I have heard slow down and bring to a halt the con- He is a remarkable individual, and we today and throughout this week has firmation process of a President they should take comfort in his nomination been nothing more than the vitriolic don’t support. No President since to this important position because he argument that he opposes ObamaCare. George Washington has had to endure has years of service and years of expe- That is sad. I think we are taking a this sort of historic delay, obstruction, rience working with our Nation’s great American who is willing to vol- and slow-walking we have seen here health care system. unteer and become a member of this since President Trump was inaugu- He has been a practicing physician, a President’s Cabinet and try to make rated. state legislator, and a Member of the health care better for every American. If the minority party had its way, all House of Representatives. Dr. PRICE I can’t think of another person in Cabinet-level nominees would not be knows that government intrusion has this country who is more qualified for confirmed until June or July of this already negatively impacted patient this timely responsibility. Dr. PRICE year. By the way, that is one-eighth of care in the last few years. He has years will work to end Washington’s take- the first term of this President—12 per- of professional experience as a physi- over of our health care system, and I cent is being wasted right now—if, in cian and he is seen as a leading voice in know he will work tirelessly for a fact, the Republican leadership in this health care policy. My colleagues health care system that compas- Senate were not doing what it is doing. across the aisle oppose him, they say sionately improves the lives of every The minority party knows it can’t stop primarily because of his opposition to American. Truly, there is no one more any of these nominees on their own

VerDate Sep 11 2014 01:46 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.064 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1021 merits individually. So they are grind- what a hash the Trump administration As to the nominee for HHS, Dr. ing the entire process to a halt using made of getting them ready. They were PRICE, he is right in that list. He has procedural delays. This is a clear not ready to go. They were not pre- conflicts of interest. He has real harm abuse, in my mind, of the intent of the pared for the ethics reviews. They were that he proposes to the American pub- rules to protect the minority, authored dead in the water, and they have a lot lic. by James Madison. To combat that, of responsibility just in terms of the I think Medicare is one of the great the Republican leadership has kept the simple incompetence of getting a Cabi- things the United States has done. It is doors of the Senate open 24/7. The peo- net ready to go. one of our signal achievements. It has ple of America should know that we That is not the Senate’s fault. The lifted seniors out of poverty in a way are here doing their business and doing Senate should not roll over in its ad- that very few other countries can their bidding to make sure we proceed vice and consent role because an execu- match and that the United States had as fast as we can to the confirmation of tive branch can’t prepare nominees. never seen before we did Medicare. It is this President’s nominees. Then you get behind the incompetence probably the most efficient health care We have to move past these delays of the executive branch in preparing delivery system in the United States of perpetrated by the minority party in- nominees and you start looking at the America, and our seniors count on it tended to do nothing but to delay the nominees. and love it. potential impact of this new President. What else is unprecedented about That is not good enough for the good It is time to get results. The American them is the huge array of conflicts of Dr. PRICE, though. He wants to people have spoken. President Trump interest they bring. We have never seen voucherize Medicare. What do you do if has named his team. He is ready to get anything like this. We call it the you are a Medicare patient who is el- to work. He is already showing that he ‘‘swamp cabinet’’ because it is, in fact, derly and infirm? How do you go shop- is willing to move at a business pace, swampy with conflicts of interest. ping for health insurance? I can re- not a government pace. Many of these candidates have such member when I was quite capable as a The people in Washington, looking at massive financial complexities—be- fit lawyer, and I was given the H.R. this President through the lens of the cause it is billionaire after billionaire forms by the U.S. attorney’s office to political establishment, are having a after billionaire—that they have had to make my choice. It is a complicated hard time dealing with him, but I have do all sorts of business contortions to mess. And you expect some woman who to say, the quality of nominees is try to get ready for their appointment. may be in a hospital bed to sort something we have not seen for dec- That also is not our fault. That actu- through that? Great job giving her a ades, if ever. It is time to put these ally makes our responsibility greater voucher. It is just so unfair and so people in their responsible positions so we can do our constitutional job in wrong. and let them go to work. He is already the Senate, as providing advice and Medicaid. Children across Rhode Is- moving at a pace that we have not seen consent, to look at potential conflicts land depend on Medicaid. If you are a in many Presidencies. of interest. It is part of why we have family and you have a child with a sig- Like me, President Trump came here advice and consent, so we can screen nificant illness, you are very likely to to focus on getting results and chang- for that. When we are not getting dis- have that support for that child come ing the direction of the country. He has closure, we can’t even do that. through the Medicaid Program. This is a plan to do just that. We need to get There are still disclosure gaps for a a man who wants to block-grant Medi- on with that business, debate those lot of these nominees. The controversy care and projects trillion-dollar cuts— issues, come to some conclusion, com- and special interest connections of trillion-dollar cuts? Who is going to promise where necessary, but get gov- some of them are, frankly, appalling. make up the trillion dollars if we are ernment moving, as the Senate has So there are, indeed, nominees whom not taking care of these kids? Is it done for every previous President. we would love to stop. If we could stop We should confirm this President’s going to go back to the families or the them, we would do it because we think care just isn’t going to be there for the nominees now and spend our time de- they are going to do damage to the bating those critical issues that will Medicaid children? That is just wrong. American people; damage to Medicare, These are ideological candidates who get our country moving again, to which seniors rely on; damage to Med- want ideological victories that will change the direction of our country, to icaid, which so many sick kids rely on; hurt real people like Henry, from War- put people back to work. Things like damage to clean air, which I think ev- wick. A woman named Lisa wrote to growing our economy, updating our an- erybody tends to rely on if they tiquated tax system, unleashing our me. She is a teacher and lifelong resi- breathe; damage to clean water, which dent of Warwick, RI. She has a son, full energy potential, updating our an- fishermen and sailors and people count tiquated and unnecessary regulatory Henry. Henry was just born last year, on across the country. It is not a ques- regime, fixing the broken budget proc- and before he was even 1 month old, tion here of doing the people’s busi- ess, changing our outdated immigra- Henry was diagnosed with cystic fibro- ness, it is a question of trying to pre- tion system, saving Social Security sis. vent these people from giving the peo- and Medicare, and, yes, addressing the Cystic fibrosis, as I am sure we all ple business because this looks like the spiraling health care costs that, no, the know, is a genetic disorder. It affects special interest Cabinet of all time. If Affordable Care Act did not even at- more than 30,000 people in the United you go down one by one through the ci- tempt to address. States, and it is one of the crueler dis- The American people elected a new vilian Cabinet, you can more or less eases on the face of the planet. As cys- President. That President has named pick who the most influenced special tic fibrosis progresses, it can cause in- his slate of potential nominees to be interest is, the one who is most harm- fections, it causes difficulty breathing, Cabinet members. It is time to cut the ful to the American people in that par- and eventually it renders the child un- foolishness and get down to business. ticular area, and bingo, there is your able to breathe and respiratory failure I yield the floor. nominee. So we should not slow down results. There have been important ad- The PRESIDING OFFICER. The Sen- the advice and consent process just for vances and treatment for this disease, ator from Rhode Island. the sake of slowing down the advice but there is no cure. Mr. WHITEHOUSE. Mr. President, and consent process, but we should So Henry needs regular tests and my distinguished friend, Senator slow down the advice and consent proc- treatment. He will need them for the PERDUE, is actually right. There is ess when we are not getting the basic rest of his life as doctors fight to ex- something unprecedented going on information necessary to do our jobs, tend his life as long as they can in around here with these nominations, and we should slow down the advice hopes that a cure will arise. His par- but it is not the Democratic effort to and consent process when we are hand- ents are extremely grateful for the try to make sure that those nominees ing over agencies of government to big wonderful work of our doctors at get a fair hearing and some light on special interests. Those are two very Hasbro Children’s Hospital who take them before they get into office. good reasons to have the Senate’s care of Henry. But Lisa and her hus- What is unprecedented around here noble tradition of advice and consent band are also worried about their with these nominees is, first of all, followed scrupulously. health insurance, and Henry’s, because

VerDate Sep 11 2014 01:46 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.066 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1022 CONGRESSIONAL RECORD — SENATE February 9, 2017 Henry has a preexisting condition. If Timothy may be forced to forgo care patients are actually able to get care Secretary Price were to have his way, that he needs, endangering his health, and stay away from the risk of over- the Affordable Care Act would be re- and potentially, by the way, costing dose. He wrote of his patients, many of pealed, and without it there would be the system a lot more. them never accessed methadone treat- no protection for people like Henry—a Martha, who lives in Cranston, RI, ment prior to the passage of the Af- child like Henry with a preexisting knows well the dangers of being unin- fordable Care Act, let alone sought condition. Either he would face out- sured. Before the Affordable Care Act, treatment for their psychiatric condi- rageous health care premiums or be de- Martha went several years without tions which may underlie the sub- nied coverage altogether. Since then, health insurance, gambling that she stance abuse disorders. By the way, a having to face the scrutiny of con- could get away with it because she recent report came out that said if you firmation, he has said: Oh, no, that couldn’t afford it. A gall bladder infec- repeal the Affordable Care Act and its part we are going to try to save. But tion required emergency surgery. She coverage requirements for mental when you go through the parts that my was taken to the hospital, the surgery health and substance abuse, you pull Republican friends are going to try to was performed. It went well, but she about $5.5 billion worth of coverage out save, you end up with pretty much the was left with a $60,000 hospital bill. Un- from American families. Is that really whole bill. If you are going to try to able to pay the bill, she declared bank- what this Congress wants to be respon- save every part of the bill, why bother ruptcy. sible for doing? I certainly hope not, repealing it? Why not make it better Now she can have coverage, and by not after all the fine statements we and move on? the way, when the hospital has to do heard about the Comprehensive Addic- How irresponsible it was to say, ‘‘Re- the surgery, it gets paid with her insur- tion and Recovery Act and the funding peal,’’ when all these points were in it. ance. That is why the American Hos- for it. When repeal was the great mantra, no- pital Association and the Hospital As- Let me make one last point because body said: ‘‘Repeal. Oh, but not that.’’ sociation of Rhode Island are saying: I see the Senator from Michigan here ‘‘Repeal. Oh, but let’s protect the sen- Don’t repeal ObamaCare. That would and I know she wants to add her iors from the doughnut hole.’’ No, it be reckless. thoughts. You can talk about the per- was just ‘‘Repeal ObamaCare. Repeal Martha and her husband and her 24- sonal stories, and it shows how poign- ObamaCare.’’ Frankly, chanting ‘‘Re- year-old son have all been able to pur- ant and important having the Afford- peal ObamaCare’’ I think is about as chase insurance through the Rhode Is- able Care Act around is in the lives of disqualifying to lead Medicare and land exchange. By the way, our ex- real actual people, but we also have to Medicaid as chanting ‘‘Lock her up’’ change is doing great. People may deal with budget issues in Washington, would be to be Attorney General of the complain about exchanges in other and I just want to show this chart. United States. States. We are seeing costs steady; we This chart shows the spending projec- Catherine is a constituent of mine are seeing costs going down. One of our tions for Federal health care spending. who lives in Cranston. She is a breast major insurers, Neighborhood Health The red line on the top was the projec- cancer survivor. She owns a small fam- Plan of Rhode Island, is advertising on tion in 2010 done by the CBO, the Con- ily business. Her family had health in- TV. Whoa. Our rates are going down, gressional Budget Office. In 2010, they surance before the Affordable Care Act, and their coverage is fine, and Rhode said: Here is how we think our spend- but their insurance company decided Island is a success story under the Af- ing is going to be in Federal health that their little company had too few fordable Care Act. The $283 per month care. They predicted that. Then they employees to qualify as a small busi- that Martha and her family now pay in came back and they did another pre- ness, and it dropped them from their total for insurance certainly beats the diction in 2017. coverage. So it was thanks to the Af- $500 a month that she and her husband One thing that happened is that after fordable Care Act that Catherine and each faced for individual coverage be- the passage of the Affordable Care Act her husband could get affordable and fore the ACA. back here, we came in well below pre- quality health insurance through our Paula wrote to me from Cranston dicted expense for Federal health care. exchange that we call HealthSourceRI. about how the Affordable Care Act has We saved a lot of money in that period. With this coverage, they go on about helped her and her husband bridge the Then when they rebooted the pre- their business. They don’t have to gap until they get to the safe haven, fi- diction in 2017, they started off actual worry about whether their insurance nally, of Medicare. Paula is 63 years and they did a new prediction right company is going to change the rules old. She works part time. Her husband here. The difference in this 10-year pe- and pitch them out again. Catherine who is 64 years old and retired has riod in Federal health care costs be- and her husband tell me they don’t un- health insurance through our ex- tween what they expected to have hap- derstand how anyone could say they change, HealthSourceRI. Paula has pen in that 10-year period before the support small business and want to re- beaten breast cancer once, but she is at Affordable Care Act came along and peal the Affordable Care Act. high risk of recurrence. what experience and the new projec- Timothy wrote to me. He is a free- If the Affordable Care Act is re- tions show the savings are since the Af- lance writer in Rumford, RI. He has af- pealed, Paula would be at risk to lose fordable Care Act are $3.3 trillion—$3.3 fordable health care for the first time her health insurance and the ability to trillion—and we have this person who in his life. There is no big company to have tests that would help her catch a wants to be the Secretary who wants to help you if you are a freelance writer; recurrence of cancer in time. Paula and cut the program? We are saving money you are on your own. But the Afford- her husband worked hard and saved in the program under this. It doesn’t able Care Act has been there for Tim- well, but as Martha’s story shows, one make any sense fiscally, and it is cruel othy. He has multiple chronic health illness can wipe you out if you don’t to the individuals and families who conditions that require medication. Be- have health insurance, and they are so have found comfort and peace and secu- fore he had coverage under the Afford- content and comforted knowing they rity from the Affordable Care Act. able Care Act, Timothy was hospital- have a good health insurance plan So I will leave us with that, but if we ized for a heart problem. He couldn’t through our exchange. are going to be responsible about doing afford the resulting hospital bills. Travis is a social worker in Provi- something about our outyear health Without health insurance, he couldn’t dence. He provides psychotherapy and care costs, find me something else that pay for his prescriptions. Having counseling to recovering addicts who shows $3.3 trillion in savings during the health insurance, Timothy told me, has are receiving medication and assisted period of 2017 to 2027, over 10 years. For changed his life. He feels dignity, he treatment. This is a particularly these costs, we sometimes look out 30 feels peace, he feels assurance, and a touching point in Rhode Island because years, and that number would grow lot of that is simply the reassurance we lost 239 Rhode Islanders to opioid- even greater. We have saved trillions of that you can afford the medications related overdoses last year. That is 239 dollars as a result of the Affordable you need to stay healthy. His chances fatalities in Rhode Island last year. Care Act, and CBO shows it. of having to be hospitalized in the fu- The Affordable Care Act, Travis be- Thank you very much. I yield the ture are down. If the ACA is repealed, lieves, is the reason that many of his floor.

VerDate Sep 11 2014 01:46 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.069 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1023 The PRESIDING OFFICER (Mr. hearing. I thought it was important, as health care system where you can go to YOUNG). The Senator from Michigan. did my Democratic colleagues, to have the doctor and know that you are cov- Ms. STABENOW. Thank you very a forum where people could speak ered with insurance, you get some kind much, Mr. President. about the ideas, the bills, the policies of a voucher or an amount of money, The decisions made by the next Sec- that Congressman PRICE has passed in and then you would be able to go find retary of Health and Human Services the House of Representatives. your own insurance, I guess, or figure will affect all of us, and that is why we So we heard a lot of stories and, over- out a way to pay for your insurance. are here. That is why we have spent so whelmingly, people were opposed to Before Medicare, seniors were trying much time and will continue to talk this nominee. to figure that out and couldn’t find af- about the issues. This is not personal One of the people who shared her fordable insurance in the private mar- with the individual, this is about ev- story was from Michigan. I was very ket, which is why, in 1965, Medicare eryone in our country and how they are appreciative that she came in from was created. There is no way in the impacted by the ideas and the policies Michigan. Ann was diagnosed with world I will support going backward to of this individual as well as the person multiple sclerosis when she was 4 years that kind of approach. who has nominated him. old. It resulted in functional quadri- As chair of the Budget Committee, This particular individual has a very plegia. She has limited use of her right Congressman PRICE proposed a budget clear record as to what he believes arm and no use of her left arm. She was that would have cut Medicare by near- should happen as it relates to Medicare fortunate to have strong employee ben- ly $500 million, not counting what he and Medicaid, and our entire health efits and to be covered until she went wants to do with Medicaid, the major- care system. More than 100 million peo- on Medicare at 65. By the way, this ity of which goes to fund senior citi- ple rely on programs like Medicare— nominee thinks the age should go up— zens in nursing homes. seniors, people with disabilities on 66 or 67, I am not sure how far. But Ann We need to have a Secretary who sup- Medicare. With Medicaid, the majority made it to 65 and, like so many people ports making it easier and more afford- of money spent through the Medicaid I know, was holding her breath to get able for people to get care, not less. health care system goes to seniors in there so she could have comprehensive Let’s talk about health care for a nursing homes. That is where the ma- quality health care that she paid into moment in the broader sense. We know jority of dollars go, long-term care for her whole life called Medicare. more and more people—some 30 million seniors. So Congressman PRICE’s ideas, Over the course of the last few dec- people—would be affected, their health his proposals, the things he has pushed ades, the price of her prescription insurance ripped away, if the repeal is in the House matter because they show drugs have skyrocketed and would cost passed that has begun—the process has us what he believes should happen to her tens of thousands of dollars a year begun by Republicans in the House and Medicaid and to Medicare. without Medicare and Medicaid. For in the Senate. The Affordable Care Act We need to make sure the next her, the decision about our Health and has provided health care and the oppor- Health and Human Services Secretary Human Services Secretary makes an tunity for people to get care for chil- will fight for the health care of fami- enormous impact on her life. dren to be able to see a doctor. There lies in Michigan—at least I need to be She told us: Without Medicare and are parts of the country where we need sure. That is where my vote goes, based Medicaid, things would have been very more competition, where prices are too on what is best for families in Michi- different for my family. I don’t know high. I want very much to work on gan. That is what is best for our com- how I could have cared for my mom on that. I am committed to working to munities, rural communities, where top of managing my own care. My fam- make that system better, and we can the hospital, like where I grew up in ily would have lost our home, all of our do that without ripping the entire sys- Clare, was the largest employer in the savings, trying to keep up with the tem apart. community, greatly affected and im- bills. So many families are squeezed There is also another part of the Af- pacted by what happens to Medicare like ours, having to afford care for fordable Care Act that affects every and Medicaid funding. If the hospital is their aging parents and their own care, single person with insurance—things not there, chances are the doctors or childcare at the same time. But with that I know have made a tremendous aren’t there either or the nurses. Our support, we don’t have to suffer to just difference to anybody with employer- larger communities are where, obvi- be alive. based insurance; first of all, being al- ously, our hospitals are critically im- If these programs are cut, if we see lowed to have your child on your insur- portant as well. the kinds of proposals on Medicare and ance until age 26; secondly, knowing So when we look at communities and Medicaid that Congressman PRICE has that if you get sick, you can’t get hospitals and doctors, families, chil- put forward in the House, in the Budget dropped by your insurance company, dren, seniors, and the broad economy— Committee, people will face more ca- and if you have a chronic disease, and, by the way, one-sixth of the whole tastrophes than ever before. something has happened to your economy in our country is connected Our new President campaigned on a health, you can’t be blocked from get- to health care. So who is in charge as promise not to cut Medicare and Med- ting insurance; and we also know Secretary of Health and Human Serv- icaid. He said himself: ‘‘I am not going things like making sure you can get all ices is a big deal. That is why we have to cut Social Security like every other the cancer treatments your doctor says focused so much on this individual, his Republican, and I am not going to cut you need, not just those up to the cap policies, his ideas, and his own back- Medicare and Medicaid.’’ But it doesn’t that the insurance company will pay ground as well. square with the person he has nomi- for. I had pediatric cancer physicians As we have gone through the con- nated for this critical position, who tell me they have been able to save firmation process, it is clear to me that will be making administrative deci- children’s lives who have cancer be- Congressman PRICE’s policies do not— sions as well as leading his efforts on cause there was no longer a cap on the do not—have the best interests of the health care. So actions speak louder amount of care. people I represent in Michigan at than words, at least that is what we Mental health and substance abuse heart, which is why I will be voting no say in Michigan. services, where if they were covered at on his confirmation. Just this fall, Congressman PRICE all before the Affordable Care Act, it I have heard from thousands of peo- said he expects Medicare to be over- always cost more money: higher ple around Michigan. I have heard from hauled—overhauled within the first 6 copays, higher premiums. Now you people who like our hospitals and live to 8 months of Trump’s administration. can’t do that. You have to have the in the community, and businesspeople He also believes the age of eligibility same kinds of copays and the same and nurses and doctors with great con- needs to increase—his words—and that kinds of premiums. cerns. I have also heard from people ‘‘the better solution is premium sup- So many patient protections have ba- around the country and have helped to port.’’ What does that mean? That is sically said to insurance companies: lead a forum for people to come and another word for voucher. Some people You don’t get, just based on profits, to speak, people who were not invited into say privatization. But basically instead decide what is going to happen; that the actual hearing for the confirmation of having an insurance card and a when you buy insurance, you actually

VerDate Sep 11 2014 01:46 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.070 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1024 CONGRESSIONAL RECORD — SENATE February 9, 2017 get health care. And that is something that is really what is at stake here, tion was forced through the committee true for everyone today. both with this nominee and the larger without having bipartisan participa- So we have a Secretary nominee who debate on where we are going to go in tion. supports doing away with all that, our great country on the whole issue of I have a number of concerns related changing all that, who is not someone health care. to the ethics and possible legal viola- who is interested in having a basic set We all know that the advice of the tions of this nominee. On multiple oc- of services identified in health care, Secretary of Health and Human Serv- casions, he did purchase stock within like maternity care. I talked with him, ices will be a strong influence on the days of introducing legislation that questioned him in the Finance Com- President’s decision to promote, to would have affected that company’s mittee. This is an area I had cham- sign, to veto legislation. We know he bottom line and his investment. De- pioned when we passed the Affordable has the ability administratively to do a spite multiple requests over several Care Act to make sure that basic serv- number of things—to cut off care, to weeks, we still don’t have the answers ices for women were viewed as basic cut off access to women’s health care, and, more importantly, the American services in health care, and it starts to change the system that we have people don’t have the answers from the with prenatal care and maternity care. now, to destabilize it so that the Af- person who will oversee health insur- Prior to the Affordable Care Act, it was fordable Care Act will not work. I am ance, oversee Medicare, Medicaid—the very hard to find private insurance extremely concerned that because of entire system. Someone who has in- that covered maternity care, unless Congressman PRICE’s record and his ac- vested and then helped the same com- you wanted to pay for—some 70 percent tual proposals and decisions and votes, panies indicated he didn’t get a special of the plans out in the private market he will be willing to actually do that. deal, and now we have information require women to pay more. So I asked Whether it is cutting Medicare or Med- that says otherwise. I think that is Congressman PRICE, did he believe ma- icaid or removing some of the critical very concerning and should have been ternity care was a basic service and policies that keep people healthy and addressed before we were asked to vote should be covered under basic insur- care affordable, I am deeply concerned on this particular nominee. ance. He said: Well, women can pur- about the decisions this nominee will There are a number of reasons—pol- chase that if they need it, which is ex- make and the recommendations he will icy, track record, questions that have actly what happened before—which is, make to the President of the United been raised that I find extraordinary no, it is not basic care, but you can States. that they haven’t been answered and purchase it on top of your regular pre- Again, we don’t have to speculate shocking that folks haven’t felt they mium, if you need maternity care. about this. He has put these plans on should be answered at this point. But So right now the law says you can’t paper. He has supported them. He has for many reasons, it is my intention to discriminate and charge women more passed them. It is very clear. We don’t vote no on behalf of the people in than men, and in fact being a woman is have to guess where he wants to go: to Michigan who care deeply about a no longer a preexisting condition. dismantle Medicare as we know it, to strong, effective Medicare system, But the person whom the President gut Medicaid, most of which goes for about making sure Medicaid is there has nominated for Health and Human seniors in nursing homes, and to unfor our children as well as our seniors Services would take us back there, and ravel the entire health care system and and nursing homes, and for everyone he would take us back there on a whole the patient protections that every who believes that in this great coun- range of areas that create access for American who has insurance has right try, all should have the ability to see a people to be able to have the care they now that allow them to get the health doctor and get the medical care you need. care they are actually paying for. need for your child or yourself. Here is an example from a doctor in I need to raise one other thing be- Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- west Michigan who wrote me regarding cause this is very serious and goes to ator from Minnesota. just basic medical care for someone in serious issues surrounding conflicts of Mr. FRANKEN. Mr. President, my need. He said: interest and likely ethics violations understanding was that the Demo- In December, a young man arrived in our that relate to this nominee. cratic leader wanted to come and speak emergency room with a badly mangled hand There are a lot of unanswered ques- for 5 minutes between Senator STABE- from a machining accident. He knew the tions and serious concerns related to NOW and myself. But he is not here, so hand was seriously injured and was willing Congressman PRICE’s investments in to allow his coworker to bring him into the I am going to speak. health care and pharmaceutical compa- Before I start my remarks that I hospital so that it could be stitched up. nies. Frankly, he misled the Finance When our physician studied the wound, they have prepared, I want to say something knew he needed surgery to repair the bone and the HELP Committees with an- specifically to the Presiding Officer be- and blood vessel damage. The patient re- swers to questions, and just the night cause he is a new Senator from Indi- fused, thinking the only thing he could pos- before he was to have a confirmation ana. sibly afford was stitches. hearing and vote, we learned from com- I read a front-page article in the New They then connected this man with a pany officials that he got a privileged York Times just a few weeks ago. It financial services specialist who took a offer to buy stock at a discount. In featured Indiana University Hospital few minutes to find out that he was eli- other words, he got a special deal on and the health physicians there. It was gible for Medicaid, working; now, be- health care stock. He told us he had an article about the savings and the de- cause of the expansion, able to receive not; they had paid fair market value, livery reform that have been driven by health care under Medicaid. He was even though it was already an issue the Affordable Care Act, things that then able to get the surgery he needed. that he had purchased stock and then will be staying with us even if this is Beaumont physicians said that if the put legislation in related to similar repealed, which I hope it isn’t. But this surgery hadn’t happened, the man companies or the same companies in- is a quote I would like to read for the could have had an open wound for an volved. But then we found out it was Presiding Officer from Dr. Gregory indefinite amount of time, been prone even worse because he got a special Kira, cochief of primary care, Indiana to infection, and possibly lost his hand deal. University Health Physicians. entirely, making him unable to ever As Democrats, we asked for answers. I would ask the Presiding Officer for work at his job or maybe any job We did not want to move forward with- his attention for a second. This is what again. out asking the Congressman to come it says: ‘‘ ‘I’ve been a registered Repub- Expanding Medicaid health care to back before us so we could ask ques- lican my whole life, but I support the working people is a good idea, and mil- tions about what he had said to the Affordable Care Act,’ said Dr. Gregory lions of people have been impacted and committee versus what the business C. Kiray, co-chief of primary care for have been able to get the care they that sold him the stock said after- IU Health Physicians, ‘because it al- need for themselves and for their chil- wards. Unfortunately, that did not hap- lows patients to be taken care of.’ ’’ dren. pen, requiring the Finance Committee I admit, I didn’t have 49 others for Access to health care saved this to be in a situation where the rules every State, but I had remembered man’s arm and possibly his life, and ended up being broken and the nomina- reading this.

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.072 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1025 On February 3, 2009, Tom Daschle, ican people. In fact, if you could pick terest, let alone a situation where you President Obama’s nominee for Sec- someone who in either House of Con- are actively trading stocks that may retary of Health and Human Services, gress was most likely to cut Medicare be impacted. withdrew his nomination because he and Medicaid, you would pick Con- So this is a sad evening. The war on hadn’t paid his taxes on his car service. gressman PRICE. It could not be more seniors by the Trump administration On January 9, 2001, Linda Chavez, of a contradiction to what Candidate begins when we confirm Representative President George W. Bush’s nominee Trump promised in the campaign. PRICE. People will look back and say for the Department of Labor, withdrew So here is what worries me: From that the public war on seniors began at her nomination after questions were what I know of the President, he will 2 a.m. Friday morning when the Sen- raised about her decision to shelter an cede great authority to Cabinet offi- ate, unfortunately, confirmed Rep- undocumented immigrant. Most re- cials, content to jump from one topic resentative PRICE. cently, Vincent Viola, President to the next, one tweet to the next. I I urge my colleagues to vote no. Trump’s nominee to be— would put much greater stock in Rep- I yield the floor and once again Would the leader like me to yield to resentative PRICE’s record than any- thank my colleague. him for a few minutes? thing the President promised during Mr. FRANKEN. Thank you, Mr. Mr. SCHUMER. That would be great. the campaign, and that is very bad Leader. The PRESIDING OFFICER. The Sen- Mr. FRANKEN. Really? news for seniors and the American peo- Mr. SCHUMER. I would appreciate it. ator from Minnesota. ple generally. Mr. FRANKEN. Mr. President, I have Mr. FRANKEN. Would that be good For that reason, every American who to start this over fresh. I don’t know if for me and my career? receives benefits from those pro- the CONGRESSIONAL RECORD needs to Mr. SCHUMER. Your career is so grams—the millions of American sen- have this first half paragraph twice, great, you don’t need me. iors, women, families, and people with Mr. FRANKEN. Well, I am going to but so be it. disabilities—should be gravely con- On February 3, 2009, Tom Daschle, yield to our leader in just a moment, cerned about what the tenure of a Sec- President Obama’s nominee for Sec- when he manages to get there, and it retary TOM PRICE will mean for their retary of Health and Human Services, will be the esteemed Senator from New health. withdrew his nomination because he York, CHARLES SCHUMER. I will narrate Make no mistake, in the dark hours hadn’t paid his taxes on his car service. as he is stepping over there, walking of the early morning, with the con- On January 9, 2001, Linda Chavez, now to the podium—the leader, whom I firmation of Secretary Price, the Re- President George W. Bush’s nominee will yield to. publicans launch the first assault in for the Department of Labor, withdrew Mr. SCHUMER. First, let me thank their war on seniors. The war on sen- her nomination after questions were my colleague from Minnesota. iors begins when we select Representa- raised about her decision to shelter an The PRESIDING OFFICER. The tive PRICE over our votes as Secretary undocumented immigrant. Most re- Democratic leader. of Health and Human Services. cently, Vincent Viola, President Mr. SCHUMER. And I meant what I When it comes to the health care of Trump’s nominee to be the Secretary said: He doesn’t need any help. He does older Americans, confirming Rep- of the Army, withdrew his nomination it so well on his own. So I will regard resentative PRICE to be Secretary of after it proved too difficult for him to this not as a quid pro quo—although he HHS is akin to asking the fox to guard distance himself from his business ties. can get what he wants—but as an act of the henhouse. It has been revealed that Congressman PRICE’s conflicted fi- kindness and generosity. in his time in the House, Representa- nancial investments and his affiliation Mr. President, I rise this evening to tive PRICE engaged in a number of with conspiracy-theory-peddling ex- oppose the confirmation of Representa- questionable practices related to the tremists should be enough to disqualify tive TOM PRICE to be Secretary of HHS trading of stocks in issues that his leg- his nomination. On top of that, Con- and urge my colleagues to vote no on islation impacted. There are many in- gressman PRICE’s policy agenda square- his nomination. stances. ly contradicts what the majority of the Representative PRICE might be the There were reports late last year American people want and the key quintessence of President Trump’s Cab- that Congressman PRICE had traded promises President Trump made during inet: a creature of Washington, deeply stocks in dozens of health care compa- his campaign. It is, frankly, hard to be- conflicted, and far out of the main- nies valued at hundreds of thousands of lieve that we are seriously considering stream when it comes to his views on dollars during a time when he intro- someone who has advanced policies health care. duced, sponsored, or cosponsored sev- that would privatize Medicare, gut Like other nominees, philosophically eral pieces of legislation that poten- Medicaid, and rip coverage away from he seems completely opposed to the tially impacted those companies. In millions of Americans. very purpose of his Department: the one instance, Congressman PRICE For all of these reasons, I strongly good governance of the health pro- bought shares in a medical device man- oppose Congressman PRICE’s nomina- grams that cover tens of millions of ufacturing company just days before tion for Secretary of Health and Americans. introducing legislation in the House Human Services. Candidate Trump promised he would that would directly benefit that com- Let’s take these issues one by one. not cut Medicare or Medicaid, but Con- pany. First, Congressman PRICE’s stock gressman PRICE has spent his entire ca- These were far from isolated inci- trades. Public documents show that be- reer trying to cut Medicare and Med- dents. Just yesterday, USA Today re- tween 1993 and 2012, Congressman PRICE icaid and dismantle the Affordable ported that Congressman PRICE owned shares in tobacco companies Care Act. Just listen to these quotes: ‘‘bought and sold health care company worth tens of thousands of dollars. At The nominee for Secretary of Health stocks often enough as a member of the same time, Congressman PRICE and Human Services has said, ‘‘Nothing Congress to warrant probes by both voted against landmark legislation in has had a greater negative effect on the federal securities regulators and the 2009 that gave the Food and Drug Ad- delivery of health care than the federal House ethics committee.’’ ministration the authority to regulate government’s intrusion into medicine These allegations alone might be tobacco and bring down the death toll through Medicare.’’ That one might enough to sink a nominee in another inflicted by tobacco products. That have come out of the 1890s, if we had administration, but it seems this Cabi- means Congressman PRICE, a physician had Medicare then. net is so rife with ethics challenges and who swore to uphold the Hippocratic He said he expects lawmakers to push conflicts of interest that Representa- oath of ‘‘do no harm,’’ voted against forward with an overhaul of Medicare, tive PRICE’s conduct in the House public health and for Big Tobacco. This ‘‘within the first six to eight months’’ doesn’t place him too far outside this is the person who is slated to become of this new administration. Does that unethical norm. But that should be no the next Secretary of Health and sound like someone who doesn’t want excuse. When you are a Congressman Human Services, someone who person- to cut Medicare and Medicaid? It or a Senator, you must endeavor to ally profited from increased sales of doesn’t to me. It doesn’t to the Amer- avoid even the hint of a conflict of in- deadly, addictive products.

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.074 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1026 CONGRESSIONAL RECORD — SENATE February 9, 2017 When asked about this during his stands to make a profit of more than tors to refuse to participate in Medi- hearing in the Health, Education, $200,000. That is quite a stock tip. care, in which it says the effect of such Labor, and Pensions Committee, Con- Richard Painter, George W. Bush’s government-run programs is ‘‘evil, and gressman PRICE’s best defense was that chief ethics lawyer, describes PRICE’s participation in carrying out his provi- his broker made the stock trades on be- stock trades as ‘‘crazy. . . . We sions is, in our opinion, immoral.’’ Con- half without his knowledge. wouldn’t have put up with anybody in gressman PRICE—the person poised to Here is the problem with that de- the Bush administration buying and become the next Secretary of Health fense: selling health care stocks.’’ Painter and Human Services, the person re- First, Congressman PRICE annually went on to explain that ‘‘if you, as a sponsible for leading Medicare—has reported his financial holdings, signing member of Congress, buy and sell been an active, engaged member of this off on documents acknowledging his in- health care stocks at the same time organization for 25 years. vestments in tobacco companies, you are possessing non-public informa- Just in case you don’t think he has meaning that he would have knowledge tion about that legislation, you are bought into these ideas, let me read of the fact that his vote to block to- taking the risk of being charged with you what Congressman PRICE wrote in bacco regulation could have a direct fi- criminal insider trading.’’ 2009 in an op-ed: ‘‘I can attest that nancial benefit to him. Let me repeat that. Mr. Painter, who nothing has had a greater negative ef- Second, these were not investments was George W. Bush’s chief ethics offi- fect on the delivery of health care than in diversified funds; these were indi- cial, suggested that Mr. PRICE’s actions the federal government’s intrusion into vidual stocks that he owned for nearly risk a criminal insider trading charge. medicine through Medicare.’’ 20 years and that he reported paid him Congressman PRICE could have di- Since Congressman PRICE will not dividends. Let me repeat that. Con- rected his broker to stay away from to- answer my questions, I will pose this to gressman PRICE, medical doctor, owned bacco stocks. He could have directed one of my Republican colleagues: How individual tobacco company stocks his broker to stay away from health are the American people supposed to that paid him dividends. care stocks or individual stocks alto- trust Congressman PRICE as Secretary Owning tens of thousands of dollars gether given that health care was one of Health and Human Services given of tobacco stocks while voting to help of his legislative priorities. But he did that he has belonged to an organiza- tobacco companies was not Congress- not. Why would Congressman PRICE tion for over 25 years that has such bla- man PRICE’s only questionable invest- take this risk? tant disregard for science and a propen- ment. In late December, the Wall My colleagues and I have sent Con- sity for putting partisanship and ide- Street Journal reported that over the gressman PRICE a number of letters ology above evidence? past 4 years, Congressman PRICE has asking for more information about his Lastly and most importantly, the traded stocks worth more than $300,000 stock trades and investments. If this is policy reforms that Congressman PRICE in about 40 health-related companies all aboveboard, then Congressman has put forward are so extreme that while at the same time serving on the PRICE should have nothing to hide. I they should be disqualifying in and of House Ways and Means Committee, also submitted questions for the record themselves. As an editorial recently where he drafted and cosponsored legis- as a member of the HELP Committee. published in the New England Journal lation that could affect his invest- In response to all of these questions, I of Medicine stated, ‘‘As compared with ments. have received nothing. It makes no his predecessors’ actions, PRICE’s Let’s talk about one example that is sense that his nomination has been record demonstrates less concern for particularly troubling. Congressman brought to the floor despite his refusal the sick, the poor, and the health of PRICE made his largest ever stock pur- to respond to committee questions. the public and much greater concern chase in a company called Innate Congressman PRICE has dem- for the economic well-being of their Immunotherapeutics, a small biotech onstrated a lack of judgment with his physician caregivers.’’ That is from the company based in Australia. This is a stock trades and now is stonewalling New England Journal of Medicine. company that has only one experi- the committee, refusing to answer our Mr. President, I ask unanimous con- mental therapy in the early stages of inquiries, but Congressman PRICE’s sent to have the article printed in the testing, has never generated revenues questionable stock trades aren’t the RECORD. from drug sales. It is not exactly a only area raising red flags. There being no objection, the mate- household name. How did Congressman My second set of concerns stems from rial was ordered to be printed in the PRICE get in on this sweetheart deal? Congressman PRICE’s longstanding as- RECORD, as follows: He was told about Innate by Congress- sociation with conspiracy-peddling, [From the New England Journal of Medicine; man CHRIS COLLINS, who, in addition to anti-science extremists. For more than Jan. 12, 2017] being a Member of the House of Rep- 25 years, Congressman PRICE has been a CARE FOR THE VULNERABLE VS. CASH FOR THE resentatives, serves on the board of di- dues-paying member of the Association POWERFUL—TRUMP’S PICK FOR HHS rectors for Innate Immunotherapeutics of American Physicians and Surgeons. (By Sherry A. Glied, Ph.D. and Richard G. and is the company’s largest share- He has spoken at the organization’s Frank, Ph.D) holder. conferences and even described the or- Representative Tom Price of Georgia, an orthopedic surgeon, will be President-elect The Wall Street Journal reported ganization’s executive director as one Donald Trump’s nominee for secretary of that Congressman PRICE was part of a of his personal heroes. This organiza- health and human services (HHS). In the 63– small group of fewer than 20 U.S. inves- tion is way out of the mainstream. It year history of the HHS Department and its tors who participated in the private promotes anti-vaccine pseudoscience predecessor, the Department of Health, Edu- stock sale. The New York Times and and denies the scientific fact that HIV cation, and Welfare, only two previous secre- the Buffalo News reported that many causes AIDS. It is an organization that taries have been physicians. Otis Bowen, of those people had close ties to Con- blames ‘‘swarms’’ of immigrant chil- President Ronald Reagan’s second HHS secretary, engineered the first major expansion gressman COLLINS, including COLLINS’ dren for disease and has published sci- of Medicare, championed comparative effec- chief of staff, a prominent DC lobbyist, entifically discredited theories linking tiveness research and, with Surgeon General and several of Congressman COLLINS’ abortion to breast cancer. At one C. Everett Koop, led the fight against HIV– campaign contributors. point, it even accused President AIDS. Louis Sullivan, HHS secretary under On August 31, Congressman PRICE re- Barack Obama of hypnotizing voters President George H.W. Bush, focused his at- ported that as part of this special pri- with ‘‘neuro-linguistic programming.’’ tention on care for vulnerable populations, vate stock sale, he bought about 400,000 Let me repeat that. It accused Presi- campaigned against tobacco use, led the de- shares of Innate stock for as little as 18 dent Barack Obama of hypnotizing vot- velopment of federally sponsored clinical cents a share. That same day, the ers with ‘‘neuro-linguistic program- guidelines, and introduced President Bush’s stock was trading on the Australian health insurance plan, which incorporated ming.’’ income-related tax credits and a system of Stock Exchange for the equivalent of That is not all. The statement of risk adjustment. In their work at HMS, both 31 cents per share. That is a 42-percent principles for the Association of Amer- men, serving in Republican administrations, difference—42 percent below the mar- ican Physicians and Surgeons has an drew on a long tradition of physicians as ad- ket price—and Congressman PRICE now entire section devoted to urging doc- vocates for the most vulnerable, defenders of

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.075 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1027 public health, and enthusiastic proponents of what they are today, President Bush and these programs to protect the most vulner- scientific approaches to clinical care. HHS Secretary Sullivan proposed a slightly able Americans. The proposed nomination of Tom Price represents a different tradition. larger individual tax credit ($1,250) for the Tom Price to HHS highlights a sharp con- Ostensibly, he emphasizes the importance of purchase of insurance than Price proposes trast between this tradition of compas- making our health care system ‘‘more re- today. Even in 1992, analysts reported that sionate leadership and the priorities of the sponsive and affordable to meet the needs of the credit would be insufficient to induce incoming administration. America’s patients and those who care for most people to buy coverage. Mr. FRANKEN. This article cites his them. But as compared with his prede- The Price plan would eliminate the guar- votes against mental health parity— cessors’ actions, Price’s record demonstrates anteed-issue and community-rating require- less concern for the sick, the poor, and the ments in the ACA and create anemic sub- think about what that means in terms health of the public and much greater constitutes for these commitments to access to of treatment during this opioid crisis— cern for the economic wellbeing of their phy- comprehensive coverage for Americans with against funding for AIDS, malaria and sician caregivers. preexisting conditions. These replacements tuberculosis, against the expansion of Price has sponsored legislation that sup- include an extension to the nongroup market the State Children’s Health Insurance ports making armor-piercing bullets more of the continuous-coverage rules that have Program, against tobacco regulation, accessible and opposing regulations on ci- long existed in the group market with little against the reauthorization of the Vio- gars, and he has voted against regulating to- benefit; penalties on reentering the market lence Against Women Act, and more. bacco as a drug. His voting record shows for anyone who has had a break in coverage; long-standing opposition to policies aimed at and a very limited offer of funding for states Price has also been a champion of ef- improving access to care for the most vul- to establish high-risk pools. In combination forts to repeal the Affordable Care Act. nerable Americans. In 2007–2008, during the with relatively small tax credits, these pro- The Congressional Budget Office re- presidency of George W. Bush, he was one of visions are likely to lead low-income and cently estimated that if the ACA is re- only 47 representatives to vote against the even middle-class healthy people to forgo pealed, nearly 20 million Americans Domenici Wellstone Mental Health Parity seeking coverage until a serious health prob- will lose their health care coverage im- and Addiction Equity Act, which improved lem develops. Without the income- and pre- mediately, with the number growing to coverage for mental health care in private mium-based subsidies in the ACA acting as 32 million over the next 10 years, and insurance plans. He also voted against fund- market stabilizers, Price’s provisions would 300,000 of those individuals live in my ing for combating AIDS, malaria, and tuber- erode the non-group health insurance mar- culosis; against expansion of the State Chil- ket. State of Minnesota. Let me tell you dren’s Health Insurance Program; and in Price’s plan would withdraw almost all the about at least two of them. favor of allowing hospitals to turn away ACA’s federal consumer-protection regula- Leanna has a 3-year-old son named Medicaid and Medicare patients seeking non- tions, including limits on insurer profits and Henry. Henry has been diagnosed with emergency care if they could not afford co- requirements that plans cover essential acute lymphoblastic leukemia, and his payments. health benefits. By allowing the sale of treatment will last at least until April Price favors converting Medicare to a pre- health insurance across state lines, the plan of 2018. Henry often needs around-the- mium-support system and changing the would also effectively eliminate all state clock care to manage his nausea, vom- structure of Medicaid to a block grant—pol- regulation of health insurance plans, encour- icy options that shift financial risk from the aging a race to the bottom among insurance iting, pain, and sleepless nights. This is federal government to vulnerable popu- carriers. Finally, Price would fund his plan a 3-year-old boy. Henry’s immune sys- lations. He also opposed reauthorization of by capping the tax exclusion for employer- tem is so compromised that he is not the Violence Against Women Act and has sponsored health insurance at $8,000 per indi- supposed to go to daycare. So Leanna voted against legislation prohibiting job dis- vidual or $20,000 per family. These caps are left her job to take care of him. crimination against lesbian, gay, bisexual, well below those legislated through the Cad- Leanna’s family is supported by her and transgender (LGBT) people and against illac tax in the ACA, a provision that Price spouse, but they couldn’t pay for enforcement of laws against anti-LGBT hate himself has voted to repeal. Henry’s treatment on one salary. crimes. He favors amending the Constitution In sum, Price’s replacement proposal to outlaw same-sex marriage. would make it much more difficult for low- Leanna says: In addition, he has been inconsistent in income Americans to afford health insur- It is because of the ACA that Henry gets supporting investments in biomedical ance. It would divert federal tax dollars to proper health care. Henry can get therapy science. He opposes stem-cell research and people who can already buy individual cov- and the things he needs to maintain his voted against expanding the National Insti- erage without subsidies and substantially re- health and work toward beating cancer. tutes of Health budget and against the reduce protections for those with preexisting Henry is still with us because of the ACA. cently enacted 21st Century Cures Act, show- conditions. The end result would be a shaky Let me say that again: ‘‘Henry is ing particular animus toward the Cancer market dominated by health plans that offer still with us because of the ACA.’’ Moonshot. limited coverage and high cost sharing. I have asked Republicans repeatedly Price has also been a vociferous opponent Whereas Price’s actions to date have not to show me the plan they have to make of the Affordable Care Act (ACA) and a lead- reflected the tradition of the physician as er of the repeal-and-replace movement. His advocate for the poor and vulnerable, they sure Leanna and her son Henry and the proposal for replacing the ACA is H.R. 2300, do harken back to an earlier tradition in hundreds of thousands of Minnesotans the Empowering Patients First Act, which American medicine: the physician advocate who have gained coverage don’t lose would eliminate the ACA’s Medicaid expan- as protector of the guild. His Empowering the care they need. I have yet to see sion and replace its subsidies with flat tax Patients First Act would directly advance their plan. What I have seen Congress- credits based on age, not income ($1,200 per physicians’ economic interests by permitting man PRICE advocate for so far is pretty year for someone 18 to 35 years of age; $3,000 them to bill Medicare patients for amounts awful. His proposals would strip away for someone 50 or older, with an additional above those covered by the Medicare fee coverage for people with preexisting one-time credit of $1,000 toward a health sav- schedule and allowing them to join together ings account). Price’s plan is regressive: it and negotiate with insurance carriers with- conditions, strip away preventive offers much greater subsidies relative to in- out violating antitrust statutes. Both these health benefits, strip away protections come for purchasers with high incomes and provisions would increase physicians’ in- from annual and lifetime limits, strip much more meager subsidies for those with comes at the expense of patients. Price has away coverage for young adults. More- low incomes. In today’s market, these cred- consistently fought strategies for value- over, Congressman PRICE views Med- its would pay only about one third of the based purchasing and guideline development, icaid and Medicare as government ex- premium of a low-cost plan, leaving a 30- opposing the use of bundled payments for penditures to be cut, rather than life- year-old with a premium bill for $2,532, and a lower-extremity joint replacements and pro- lines to millions of seniors, disabled 60-year-old with a bill for $5,916—along with posing that physician specialty societies a potential out-of-pocket liability of as hold veto power over the release of compara- populations, children and families. As much as $7,000. By contrast, subsidies under tive effectiveness findings. These positions chairman of the House Budget Com- the ACA are based on income and the price reduce regulatory burdens on physicians at mittee, Congressman PRICE introduced of health insurance. Today, a low-income the cost of increased inefficiency and re- proposals to cut funding for Medicaid person (with an income of 200% of the federal duced quality of care—and reflect a striking by more than $2 trillion. poverty level) pays, on average, a premium departure from the ethos of his physician In my State, Medicaid provides of $1,528 per year (regardless of age) for a predecessors, Secretaries Bowen and Sul- health insurance to 14 percent of the plan with an out-of-pocket maximum of livan. residents. That includes two out of five The HHS Department oversees a broad set $2,350, and that payment does not change low-income individuals, one in four even if health insurance premiums rise. of health programs that touch about half of To put the plan’s subsidies into perspec- all Americans. Over five decades and the ad- children, one in two people with dis- tive, consider that in 1992, when per capita ministrations of nine presidents, both Demo- abilities, and one in two nursing home health expenditures were just one third of cratic and Republican secretaries have used residents. Think about that. One in two

VerDate Sep 11 2014 07:01 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A09FE6.003 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1028 CONGRESSIONAL RECORD — SENATE February 9, 2017 people in nursing homes are covered by Yet he nominated Congressman In a letter she wrote to me, Desi said: Medicaid in my State. PRICE, who has spent the past 6 years Paying this high monthly premium was no What is going to happen to these peo- trying to end universal health care longer possible and was jeopardizing our ple—our parents, our children, our coverage by repealing the Affordable family’s ability to pay our mortgage, food, spouses, our families—if Congressman Care Act. and other essentials alone. PRICE and his colleagues succeed in President Trump says a lot of things. Desi successfully found a cheaper slashing Medicaid’s budget? I can guar- He tweets his thoughts daily, but at plan in the ACA marketplace for 2017. antee you, it will not be kind and it this point, instead of listening to what In her letter she went on to say: will not be just and Americans are President Trump says, we should pay If the ACA is successfully repealed, we will going to lose out. attention to what he does. By nomi- no longer be able to afford medical coverage! Families like ours are the reasons why it is nating Congressman PRICE, the Presi- Congressman PRICE’s assault on our so important to defend the Affordable Care health care system doesn’t end there. dent demonstrated he does not intend Act. He wants to slash Medicare’s budget by to protect access to quality, affordable These letters and stories dem- hundreds of billions of dollars, under- health care for all Americans—not by onstrate what is at stake for our 200,000 mining our basic guarantee of coverage protecting Medicare and Medicaid, not seniors on Medicare in Hawaii and mil- to our Nation’s seniors, and no wonder. by protecting health insurance fraud. lions more across the country. That is Let me remind you, this is the same President Trump’s health care agenda why I will continue to fight tooth and person who wrote: ‘‘I can attest that would have far-reaching, negative, nail to prevent any cuts that would nothing has had a greater negative ef- painful consequences for tens of thou- jeopardize our crucial social safety net fect on the delivery of health care than sands of people in Hawaii and millions progress. the Federal government’s intrusion all across the country. Maybe Presi- The fight has already begun. Last into medicine through Medicare.’’ dent Trump should tweet less and lis- month, Republicans in Congress pushed Do we really want the person who ten more. through a partisan budget resolution wrote this to be running Medicare? Over the past few months, I have that would give them the tools they Price’s determination to gut Medicaid heard from thousands of Hawaii resi- need to repeal the Affordable Care Act. and Medicare is directly opposed by the dents concerned that they will no This assault on the Affordable Care Act vast majority of Americans and in di- longer be able to afford health care if is also an assault on Medicare and Med- rect opposition to President Trump’s President Trump succeeds in repealing icaid because the ACA strengthened campaign promise never to cut Med- the Affordable Care Act and privatizing Medicare and Medicaid through, for ex- icaid or Medicare. Medicare. I would like to read a few of ample, closing the prescription dough- When Tom Daschle withdrew from the messages I have received. nut hole and providing free preventive consideration for HHS Secretary, he Catherine from Honolulu wrote: checkups for seniors. This is why I talked about the challenges of health I am writing to you to express serious con- joined with my colleague from Indiana, care reform and said: cern over the repealing of ACA and other Senator DONNELLY, to introduce an health insurance changes. As a working This work will require a leader who can op- amendment that would block congres- (teacher) and single parent of two young erate with the full faith of Congress and the sional Republicans from privatizing children I am very afraid for our future. I am American people, and without distraction. Medicare or increasing eligibility afraid my insurance will not cover my psori- Right now, I am not that leader, and will not standards for Medicare. It would also atic arthritis if I change jobs, they change be a distraction. companies, or for some reason I should lose prevent changes that reduce funding So I say to Congressman PRICE, you my job or coverage. My medicine without infor Medicaid. do not have the full faith of the Con- surance would cost more than my mortgage During the debate on our amend- gress, and you do not have the full payment, and would thus be cost prohibitive. ment, one of our Republican col- faith of the American people. You are If I don’t have my medication I would be in leagues, in his opposition to the not the leader this country needs, and so much pain. I would be unable to work and amendment, basically made our point you should not be a distraction. Since would therefore lose my insurance which for us. He said something to the effect would mean I would never be able to get cov- of, a vote in favor of our amendment to you have not withdrawn your nomina- erage because of a preexisting condition. I tion, I urge my colleagues to do the protect Medicare and Medicaid is a am certain there are many other people out vote against repealing the Affordable right thing and oppose this controver- there with similar stories. sial nomination. Please do everything you can to make sure Care Act. Exactly. In the end, it was a I yield the floor to my colleague from this scenario doesn’t happen to us. If there is close vote on our amendment. While Hawaii. anything I can do, please don’t hesitate to the amendment lost, I was encouraged The PRESIDING OFFICER. The Sen- let me know. I just don’t know who else to that two of our Republican colleagues, turn to. ator from Hawaii. Senator HELLER of Nevada and Senator Ms. HIRONO. Mr. President, I rise to Next, I would like to share a note I COLLINS of Maine, voted in favor of the address the deep anxiety in Hawaii and received from Julie from Papaaloa on amendment. In the coming weeks and months, across the country about President the Big Island. there will be other battles to protect Trump’s choice to lead the Department My husband and I are on Medicare, to- Medicare and Medicaid. It is going to of Health and Human Services, HHS, gether with a supplemental plan. We are totally dependent on Social Security for our be a daunting fight, but I am not going Congressman TOM PRICE. income and Medicare for our health plan. to shy away from it. I am going to do I am particularly concerned about Many millions of seniors are in the same sit- whatever I can, whenever I can to pro- this nominee because of the mixed uation as we are. Please continue to fight for tect the Affordable Care Act, Medicare, messages President Trump has been us as this abominable horror of an adminis- and Medicaid. In this fight, I strongly sending about health care. During the tration goes forward. I shudder to think urge my colleagues to vote no on TOM campaign, President Trump promised what would happen if these programs are repealed or privatized. PRICE’s nomination to serve as Sec- to protect Medicare and Medicaid. Yet retary of Health and Human Services. he has nominated Congressman PRICE Finally, I would like to share a TOM PRICE is not the champion that heartbreaking story from Desi from to head HHS. Congressman PRICE has millions of people in our country are Mililani on Oahu. Desi is an extremely led the effort to privatize Medicare and counting on to protect their health and hard-working, self-employed teacher dismantle Medicaid in the U.S. House. welfare. This is hardly someone who would pro- and the single mother of two daugh- I yield the floor. tect Medicare and Medicaid. ters. Her youngest daughter has Down I suggest the absence of a quorum. Shortly before taking the oath of of- syndrome, autism, and is hearing im- The PRESIDING OFFICER. The fice, President Trump said he sup- paired. Desi is self-employed because clerk will call the roll. ported the concept of universal cov- she needs the flexibility to work and The senior assistant legislative clerk erage. He said: care for her daughter. This year, as a proceeded to call the roll. We are going to have insurance for every- sole proprietor over the age of 55, Mr. MENENDEZ. Mr. President, I ask body. They can expect to have great health Desi’s premiums for her HMO plan rose unanimous consent that the order for care. to over $680 per month for 2016. the quorum call be rescinded.

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.076 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1029 The PRESIDING OFFICER. Without that the President’s decisions about immi- want to rise today, along with so many objection, it is so ordered. gration policy, particularly when motivated of my colleagues, to voice my strong by national security concerns, are TRAVEL BAN DECISION opposition to the confirmation of Con- unreviewable— Mr. MENENDEZ. Mr. President, I gressman PRICE to be the Secretary of have come to the floor to speak on the Unreviewable— Health and Human Services. nomination of Congressman PRICE to even if those actions potentially contravene I am deeply concerned about his be the Secretary of Health and Human constitutional rights and protections. The views on what is the core mission of Services. But before I do, I must speak Government indeed asserts that it violates Health and Human Services, not only separation of powers for the judiciary to en- his career-long opposition to the very to the decision that the U.S. Court of tertain a constitutional challenge to execu- Appeals for the Ninth Circuit just de- tive actions such as this one. existence of Medicaid and Medicare but his wavering fidelity in science and his cided in the case of the State of Wash- I did not really capture that the gov- regressive views of women’s health ington and the State of Minnesota v. ernment had made that argument. But the President and the Department of care and the social safety net. that is an extraordinary argument. The The Secretary of Health and Human Homeland Security. court went on to say: I am pleased to see that the courts of Services is one of the few Cabinet posi- the United States are still part of the There is no precedent to support this tions that affect virtually every single claimed unreviewability, which runs con- man, woman, and child in America. It separate coequal branch of government trary to the fundamental structure of our that the Founders dictated when they constitutional democracy. Within our sys- affects the health care of 56 million ultimately created an ingenious docu- tem, it is the role of the judiciary to inter- seniors on Medicare, of 74 million low- ment, the Constitution of the United pret the law, a duty that will sometimes re- income individuals and children on States, which served the Nation well quire the ‘‘[r]esolution of litigation chal- Medicaid, and of 12 million Americans for so long, even though it seems the lenging the constitutional authority of one who have enrolled in the Affordable President may need a review of history of the three branches.’’ We are called upon to Care Act coverage. But more than that, and an understanding of the Constitu- perform that duty in this case. the Department of Health and Human tion as it relates to the separate co- Further they say: ‘‘Although our ju- Services is home to the world’s leading equal branches of government, because risprudence has long counseled def- institutions of research at the National he seems to be willing to try to dispar- erence to the political branches on Institutes of Health, of advancing pub- age the judiciary in an effort to try to matters of immigration and national lic health and epidemiology at the Cen- either effect their decisionmaking or security, neither the Supreme Court ters for Disease Control and Preven- to call into question the legality of nor our court has ever held that courts tion, known worldwide, of working to their decisions or the righteousness of lack the authority to review executive ensure that we have access to the most their decisions. action in those arenas for compliance advanced, most effective, and safest I am glad to see that that has not af- with the Constitution.’’ medications at the Food and Drug Ad- fected our judicial system. I just want That is an extraordinary set of state- ministration, and many other critical to read some elements of the court’s ments that the government made, say- departments and agencies that we as decision, which I think are pretty ex- ing that the President’s actions are Americans rely on. traordinary. Of course, this is far from unreviewable in this regard. Many of our Republican colleagues a final decision on the merits, but it They further go on to say: ‘‘Nonethe- have pointed out that Congressman was on a motion for a stay of the order less, ‘courts are not powerless to re- PRICE’s history as an orthopedic sur- of the district court that said, basi- view the political branches’ actions’ geon is enough evidence that he is cally, that the Muslim ban could not be with respect to matters of national se- someone who should be in charge of the continued to be enforced. curity.’’ Department of Health and Human The court said—and I am quoting—in It would indeed be ironic if, in the Services. I can’t speak to his creden- a unanimous opinion which speaks name of national defense, we would tials and qualifications in the oper- very powerfully to their decision: sanction the subversion of one of those ating room, but I do have a constitu- We therefore conclude that the States— liberties which make the defense of the tional obligation to speak about his Meaning the State that brought Nation worthwhile. credentials and qualifications to be the forth—Washington, as well as the State Well, I fully agreed with the circuit Secretary of Health and Human Serv- of Minnesota— court’s determination in that regard. ices. So I can say without hesitation that the States have alleged harms to their It goes on to say: ‘‘In short, although that his career in Congress and his po- proprietary interests traceable to the Execu- courts owe considerable deference to sitions on key issues of policy have tive Order. The necessary connection can be the President’s policy determinations proven to me that he is not the right drawn in at most two very logical steps: (1) with respect to immigration and na- person for the job. the Executive Order prevents nationals of tional security, it is beyond question Throughout his time as a congress- seven countries from entering Washington that the Federal judiciary retains the man—most recently as the chairman of and Minnesota; (2) as a result, some of these authority to adjudicate constitutional the House Budget Committee and dur- people will not enter state universities, some challenges to executive action.’’ ing his confirmation process through of them will not join those universities as faculty, some will be prevented from per- Well, all I can say is, thank God. the Senate Finance Committee, on forming research, and some will not be per- Thank God that the courts of the which I am privileged to serve—it has mitted to return if they leave. United States feel that they are not become abundantly clear that Con- We therefore hold that the States have controlled by the executive branch in gressman PRICE views patients, includ- standing. pursuing the decisions that are made. ing seniors on Medicare and even those That was one of the critical legal This is a great day for democracy in with private employer coverage, as bars. our country and for the preservation of nothing more than a source of revenue Secondly, they opined on the the separation of powers. This is a or a budget line item. The characteris- reviewability of the Executive order. great day, I think, from my own per- tics that had defined Congressman This is, I think, extraordinarily impor- spective, that a ban that does not help PRICE’s career run contrary—con- tant. The Court went on to say—I am the United States but harms us and is trary—to the fundamental mission of paraphrasing at this point: Yes, the against every fiber of our being and the the Department of Health and Human courts owe substantial deference to the nature of the history of our Nation, Services, and it should be a cause for immigration and national security pol- which was founded by those fleeing re- concern across the aisle and across the icy determinations of the political ligious persecution—ultimately, today, country. branches—legislative and executive. we restore that sense of our history, Despite the alternative reality por- But it went further to say: and we restore who we are as a nation trayed during his confirmation hear- Instead, the Government has taken the po- both at home and across the world. ings in both the Finance Committee sition— But today’s decisions in this regard and the Health, Education, Labor, and This is on behalf of the executive are also important as we consider the Pensions Committee, Congressman branch— nomination of Congressman PRICE, so I PRICE’s vision for our Nation’s health

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.078 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1030 CONGRESSIONAL RECORD — SENATE February 9, 2017 care system has been laid bare for the ending the guarantee—the guarantee of in the United States, of my youth and public to see for years. All one has to coverage. all of the time spent together—were do is look at the legislation he has in- You know, that is why we call it an still in there, still with her somehow, troduced and the radical budget pro- entitlement. If you meet the criteria or whether those memories were lost posals he, along with Speaker RYAN, under the law, you are entitled to forever. has been pushing through the House of those health care services; you are As her illness progressed, she lost her Representatives. Let’s look at some of guaranteed those health care services. cognitive abilities, and eventually we them. But his whole legislative history is had to admit to ourselves that our Let’s start by taking a look at his about ending the guarantee of coverage mother was no longer with us, until, plan for Medicare, which is, by all in- we currently have and replacing it with mercifully, the Good Lord took her, tents and purposes, a plan to fun- the possibility of coverage. The dif- and the long goodbye came to an end. damentally end Medicare as we know ference between a guarantee and a pos- Throughout this experience, through- it, end Medicare as we know it. Despite sibility is a far, far too significant gulf out her struggle of fighting back Congressman PRICE’s seeming denial of to be able to overcome—but only if you against the progress of Alzheimer’s, this fact, when I asked him about it di- can afford the difference between Con- our family knew that Medicare would rectly during his confirmation hearing, gressman PRICE’s coupon and the ac- be there to provide her with access to there is absolutely no other way to tual cost of care under his vision. The the health care she needed. I learned characterize his plan: It ends Medicare Congressional Budget Office has shown that Medicare wasn’t just there for her; as we know it. that this will unquestionably increase it was there for the rest of us, too, pro- Currently and for more than 50 years, costs for seniors. viding her with access to care, while Medicare has provided a guarantee—a His dark view of Medicare, that—to granting us the ability to focus on guarantee; that word is critical—to quote Congressman PRICE—‘‘nothing making the most of the limited time seniors that they will have coverage, has a greater negative impact on . . . we had together. access to care, and the ability to rest health care than the Federal Govern- Medicare was there to meet the chal- assured that their health care needs ment’s intrusion . . . through Medi- lenges of her illness as well as the will be taken care of. It is a system care’’—that is an extraordinary state- intergenerational challenges that arise into which they paid their entire work- ment. I am going to quote it again. when caring for a parent in the twi- ing lives and a compact that has been ‘‘Nothing has a greater negative im- light of their lives while simulta- made with the Federal Government pact on . . . health care than the Fed- neously working to put your own chil- that we will uphold our end of the deal eral Government’s intrusion’’—intru- dren through college. I lived it, I saw and ensure that they have quality cov- sion, mind you—‘‘through Medicare.’’ it, and I understand it. My mother would not have lived with the dignity erage to stay healthy. That is understandably causing a lot of that she deserved in the twilight of her The Affordable Care Act, despite the concern back home in New Jersey. life after working a lifetime and paying years-long gnashing of teeth and fake Many people have been calling and for Medicare, but for Medicare as a tears shed by some of my Republican writing me to express their thoughts. colleagues, has improved upon this deal Dr. William Thar of Summit, NJ, guarantee. I know all too well that an under- and made Medicare stronger. It has ex- himself a retired physician of more funded voucher would undermine Medi- tended the life of the Medicare trust than 50 years, wrote in that PRICE’s care’s ability to live up to the responsi- fund by more than a decade. It has ‘‘willingness to privatize Medicare in- bility that we have to care for one an- saved seniors $27 billion on prescription dicates a lack of concern for Americans other and to provide that same dignity drugs and last year alone provided who need health care coverage.’’ to seniors as they and their families more than 40 million seniors access to I also heard from Cara Davis of Glen prepare to say good-bye for the last Ridge, NJ, who wrote in on behalf of no-cost preventive services—no-cost time. preventive services. In my home State her uncle, who has end-stage renal dis- That is why I couldn’t agree with Dr. of New Jersey last year, seniors on ease and requires dialysis, saying, ‘‘If Thar or Ms. Davis more, and I share Medicare saved more than $263 million [Price] and the Trump administration their concerns about what Congress- on prescription drugs, and nearly 1 mil- successfully move Medicare to a vouch- man PRICE has in mind, despite the re- lion seniors were able to receive free er program’’—again, that is different peated pledges from President Trump preventive services. from a guarantee—‘‘I fear that my to the contrary for the future of Medi- Additionally, thanks to the law’s uncle will not be able to afford the nec- care. health care delivery system reforms, essary coverage for his dialysis treat- My concerns about Congressman we are seeing far fewer hospital-ac- ments.’’ PRICE don’t stop with his desires to end quired conditions and greater coordina- For me, the battle to protect Medi- Medicare, because those desires also tion of care that has resulted in a care is more than a political battle; it extend to end Medicaid, as we know it, healthier population and a more effi- is more than a theoretical battle; it is as well. His desires to end Medicaid are cient health care delivery system. That a deeply personal battle to protect a really a two-front war. The first is to reality stands in stark contrast to TOM program that allows seniors to live repeal the highly successful expansion PRICE’s vision of what he thinks Medi- with dignity during the twilight of of Medicaid provided for under the Af- care should be and in stark contrast their lives. fordable Care Act, which has extended with the vast majority of seniors who My personal connection to the value lifesaving care and coverage to over want to protect the program for their of the Medicare Program stems not 200,000 New Jerseyans, many of whom loved ones and for themselves. from my experience but that of my late are covered for the first time. Unfortunately, President Trump, mother, Evangelina. For 18 long, dif- Nationwide, the Affordable Care who himself spent an entire campaign ficult years, my mother suffered from Act’s Medicaid expansion is one of the promising that he is ‘‘not going to cut Alzheimer’s disease. During those most successful aspects of health re- Medicare or Medicaid,’’ nominated a years, we watched as this strong, cou- form. Currently, 32 States and the Dis- leading member of this radical anti- rageous woman drifted further and fur- trict of Columbia have taken advan- Medicare movement to impose dev- ther away from us. After her diagnosis, tage of Medicaid expansion, making astating cuts to the program, force I, like so many families across our Na- coverage available to 11 million people, seniors to pay higher costs, and lower tion, hoped for the best, but we ex- because they recognize the value in the quality of care throughout the pected the worst. And while there were providing people with coverage, with health care system. times early on when she seemed just access to preventive care, with the Congressman PRICE’s destructive leg- fine, those times turned into lost mo- ability to manage chronic conditions— islative history on Medicare does not ments, and those lost moments eventu- all of which lead to a healthier, more lie. It is there. It is in the record. It is ally lasted forever. productive population. there for anybody who wants to see it. At this point, I had to wonder if all The second is to eviscerate funding It tells a stark truth about his desire the moments of her life—her struggle from Medicaid by taking away the cur- to increase the eligibility age, about to flee her homeland and seek freedom rent funding structure and replacing it

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.079 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1031 with a block grant or some other form doesn’t end with his desires to end Let me close on this. I have spoken of arbitrary underfunding that they Medicare as we know it and to dis- about the many reasons I am opposed mask as allowing for ‘‘state flexi- mantle Medicaid. This is also not sur- to Congressman PRICE’s nomination to bility.’’ prising given the Republican agenda run the Department of Health and We have seen this picture before. for the last 7 years to repeal the Af- Human Services, including his long- Take away an obligation, an entitle- fordable Care Act, throw millions of held opposition to Medicare. But above ment, move it to a block grant, Americans off their health insurance, all else, one of the reasons I am oppos- underfund it, and ultimately slay that and return us to the dark ages where ing Congressman PRICE is because of opportunity for people to have a guar- insurance companies have free rein to the seeming lack of fidelity to the one antee. deny coverage for preexisting condi- thing that runs at the heart of health We all know what is meant when tions, cancel coverage after a dev- care and the heart of the Health and Congressman PRICE talks about State astating diagnosis, limit what benefits Human Services Department, which is flexibility. He means the flexibility to are covered, and discriminate against science. slash enrollment and deny people ac- women. That is what the marketplace For years Congressman PRICE has cess to coverage. He means forcing was before the Affordable Care Act. been a member of a group called the States to choose between cutting pay- Now, this is not new. The Repub- Association of American Physicians ments to doctors for treating low-in- licans have been trying to repeal and Surgeons. This is a group of so- come Medicaid patients or cutting health care reform and deny millions of called doctors who push dangerous con- other vital State services like edu- Americans health care coverage since spiracy theories and widely debunked cation and infrastructure. He means before the law was even passed. It has claims that have serious implications unraveling Medicaid benefits so that sadly become dogma for Republicans— for the public health. The prime exam- for those few still able to enroll, they dogma to repeal ObamaCare, which ple of this is their assertion, despite all won’t have adequate coverage for most they voted to do 60-some odd times. evidence to the contrary, that vaccines of the health care issues they need But now, after 7 long years, the chick- aren’t safe and that they cause autism. treated. It means simply putting his ens have come home to roost. Nothing could be further from the They now have the ability to live up radical ideological opposition of the truth. In fact, this week I received a to their dream of repealing the law, but Federal Government being involved in letter signed by 350 organizations, in- are starting to realize what the impli- health care ahead of the lives of mil- cluding several from New Jersey and cations are—starting to realize that lions of men, women, children, and sen- several representing the autism com- real people will face real life-and-death iors and the disabled across the Nation. munity, restating the fact that ‘‘vac- situations that result from Repub- That is truly remarkable for a man cines are the safest and most cost-ef- who took the oath to ‘‘first do no licans putting partisan ideology ahead fective way of preventing disease, dis- harm.’’ of the well-being of their constituents, ability, and death’’ but unfortunately, As with his views on Medicare, his starting to realize that on-the-ground because of widespread misinformation, desire to end Medicaid expansion has implications of the Affordable Care Act caused a lot of people from New Jersey mean real people receiving real treat- the United States ‘‘still witnesses out- to write me about their concerns. I ment for real health conditions. breaks of vaccine-preventable diseases,’’ including the biggest outbreak would ask Congressman PRICE and One of these people is David other like-minded Republicans to con- Konopacki from South River, NJ. of whooping cough since 1955, and the sider carefully the stress and poten- David is a diabetic who, thanks to the fact that we have upwards of 50,000 tially devastating impacts these poli- Affordable Care Act, no longer has to deaths a year from complications of cies have on real people—real people choose between paying for college and vaccine-preventable influenza. like Jolie Bonnette from Brick, NJ, paying for the medication he needs. While TOM PRICE, personally and as a who wrote to me about how she was David put it so succinctly: ‘‘The Af- physician, might understand these able to finally gain access to health fordable Care Act is literally the dif- basic facts, what worries me most is coverage, thanks to Medicaid expan- ference between life and death for so that the President of the United States sion. She wrote: ‘‘Without this care many.’’ does not, posting on Twitter for years and my Medicaid medication coverage, The same holds true for Mrs. Lori that vaccines are dangerous and ap- I would have died, because I would have Wilson from Morristown, NJ. Her son, pointing anti-vaccine conspiracy theo- no access to doctors or medications.’’ like David, has diabetes and has had di- rists to critical posts in the White Jill Stasium from Jersey City wrote abetes since birth. As she writes, her House and possibly to key positions in saying that thanks to Medicaid, ‘‘[I] son ‘‘is just one citizen among millions within the Department of Health and have been receiving top quality health whose life, literally, depends on ac- Human Services. care for the first time in my life.’’ cess’’ to care, and under the Price Re- When I asked Congressman PRICE di- I ask my colleagues how the mantra publican plan, that access is denied. rectly about his fidelity to science and of State flexibility, which is just an- I mentioned that repealing the Af- his willingness to stand up to the other way of ensuring funding for Med- fordable Care Act means reinstating President about adhering to science as icaid is slashed and access to life-en- the ability of insurance companies to the guiding principle at the Depart- hancing treatment is denied, is going deny coverage for preexisting condi- ment of Health and Human Services, to impact Ms. Bonnette and Ms. tions. As diabetics, these folks would his answers were far less than satisfac- Stasium. I ask how they can justify find it impossible—certainly, finan- tory, and he left me with the impres- taking away their coverage—coverage cially impossible—to find coverage sion that he is unwilling to counter the that has provided, for the first time in that would allow them to get their President when he touts untrue claims their lives, not only the peace of mind medications and see their physicians. about health care and ensure that per- of having health insurance, but also it That is what is shocking about TOM sonnel within HHS are stewards of is the first time they have had regular PRICE. Despite knowing full well that sound science and not ideology. access to the doctors and medication the ban on preexisting conditions is For the Department that oversees necessary to live. one of the most widely supported and the Centers for Disease Control, which How do we justify that? We can’t do critically important aspects of the Af- is the global beacon of health care that it on the basis of State flexibility and fordable Care Act, he considers it to be must be focused on science, that is sim- surely not on the basis of a 6-year-long a ‘‘terrible idea.’’ ply incredible. political vendetta against the Afford- Let me say that again. TOM PRICE’s I rise today to give my voice in oppo- able Care Act. Yet somehow, with this views on health care are so radical that sition to Nominee TOM PRICE as the nominee and this Republican Congress, he thinks insuring people with pre- next Secretary of Health and Human this is something that we are all going existing health conditions—like diabe- Services, and I rise to be the voice of to have to justify to every single one of tes from birth—and guaranteed access Dr. William Thar, Cara Davis, Jolie our constituents. to coverage is a ‘‘terrible idea.’’ That is Bonnette, Jill Stasium, David Unfortunately, the list of destructive an extremely callous way to put ide- Konopacki, Lori Wilson and the over policies supported by TOM PRICE ology above people’s lives. 6,000 New Jerseyans who have called

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.081 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1032 CONGRESSIONAL RECORD — SENATE February 9, 2017 and emailed me to vote in opposition children, with essential and com- now enjoy. He is part of the Trump ‘‘re- to TOM PRICE’s nomination. I will do prehensive health benefits, like mental peal with no plan’’ contingent. that when it comes time for a vote. health care and substance abuse treat- In my view, any repeal of the Afford- With that, I yield the floor. ment, which are required to be covered able Care Act must be coupled with a Mr. LEAHY. Mr. President, the Cabi- by Medicaid under the ACA. And for program that has rock solid guarantees net nomination we are considering decades, Medicare and Social Security to the American public, guarantees today is one of great consequence. The have offered health care protections to that Americans will not lose the health reach of the Department of Health and low-income Americans and seniors, of- care benefits they now have. Human Services is extensive, with di- fering guaranteed resources in retire- Further, I oppose any vote on Mr. rect and indirect consequences for the ment. These are earned benefits that PRICE’s nomination until there has health and well-being of all Americans. hard-working Americans have paid into been a full investigation and disclosure Like many other nominations that this throughout their lives. It is only fair to the American public of his conflicts body is rushing to confirm, Representa- that these people should expect to have of interest. Mr. PRICE has invested in tive PRICE has not satisfied the many these resources when they enter retire- companies just prior to introducing questions that have been raised about ment. legislation that would benefit those his ability to defend programs that are We cannot deny the vital health pro- very companies. Before we vote on Mr. vital to so many Americans. In fact, tections of Medicaid, Medicare, and So- PRICE, the American public needs a full his record in Congress runs counter to cial Security to our Nation’s families. accounting whether his investments these goals. And I cannot in good conscience sup- comply with Federal insider trading I have always believed that all Amer- port someone who does not share this laws and ethical provisions. icans deserve access to quality, afford- game goal. Lives, literally, are at The President’s first order of busi- able health care. We made a tremen- stake. ness was an attack on Americans’ dous step in this direction through the I am also deeply concerned about al- health care. His Executive order gives Affordable Care Act, ACA, which has legations of Representative PRICE’s Federal agencies broad authority to extended health insurance coverage to violation of the STOCK Act, which pro- grant waivers, exemptions, and delays more than 20 million Americans and hibits Members of Congress from mak- of provisions in the ACA. As Secretary their families through cancer ing investment decisions based on in- of Health and Human Services, Mr. screenings, immunizations, and pre- formation they receive as a result of PRICE will be given rein not only to ventative health care at little or no their roles in Congress. Serious ques- grant waivers but to not enforce key cost-share. The law has ensured that tions of his all-too-coincidental trading ACA provisions and to pass regulations vulnerable populations have access to with medical companies, after intro- that undercut ACA protections. For ex- quality care through State expansions ducing legislation that supports these ample, undermining the individual of Medicaid. The ACA stopped insur- very companies, are troubling, and sig- mandate—a key target of Mr. PRICE’s— ance companies from discriminating nal that this nominee is unfit to lead could lead to collapse of the individual against women, seniors, and individ- the very agency responsible for pro- health insurance market and drive up uals with preexisting conditions. And tecting the health of Americans. premiums for everyone. it has already saved taxpayers billions I am glad the minority members of The ACA has resulted in the broadest in Federal health care costs, while bol- the Senate Finance Committee refused health care coverage Americans have stering reserves for our Nation’s Medi- to join the business meeting scheduled ever known. Now over 91 percent of care and Social Security Trust funds. to move Representative PRICE’s nomi- Americans have health insurance. Unfortunately, Representative PRICE nation last month. There remain seri- In my own State of New Mexico, the does not see it this way. As one of the ous questions relating to potential con- number of uninsured has dropped by first lawmakers to draft legislation flicts he would have as Secretary. De- over 50 percent. New Mexico is not a calling for the full repeal of the ACA, spite these concerns, Republicans on wealthy State. We had one of the high- Representative PRICE believes that the Finance Committee made the un- est rates of uninsured in the country health care should once again be under precedented decision to change the before the ACA—19.6 percent. That’s al- the largely unfettered control of big rules and confirm Congressman PRICE most one in five people. Now, only 8.9 businesses and insurance companies. without even one Democratic member percent of New Mexicans do not have He may say that he wants more Ameri- present. This move runs counter to the insurance. This is still too high, but it cans to have ‘‘access to affordable cov- majority’s own rules. But more impor- is a big improvement. erage,’’ but his record in the House tantly, it contradicts what we stand for Americans strongly support ACA pro- shows otherwise. in promoting the interests of Ameri- tections. Almost 70 percent of Ameri- It is not only the Affordable Care Act cans as their elected officials. cans think insurance companies should that Representative PRICE has put in If confirmed, there are valid reasons not be able to deny insurance because the crosshairs, but virtually every Fed- for the American people to be con- of a preexisting condition. Eighty-five eral, health program. Representative cerned that Representative PRICE’s percent of Americans want their young PRICE’s track record in opposing pro- agenda will make its way into the De- adult children to be able to get cov- grams like Medicaid, Medicare, and So- partment of Health and Human Serv- erage on their insurance policies. cial Security is extensive. As Congress- ices, and Americans will suffer for Eighty-three percent think preventa- man, he has proposed dissolving or that. It is the responsibility of this tive services should be free. block granting Medicaid and replacing agency to uphold and protect the well- The Republicans and Mr. PRICE have Medicare with vouchers, unadjusted for being of the people of this great and no plan to make sure Americans do not income, for consumers to purchase pri- good country, and it would be counter lose these rights and benefit. vate plans on the market. In Novem- to this goal to allow someone like Rep- Now, the ACA is not perfect. We all ber, he released an agenda proposing resentative PRICE to oversee such ef- know this. It needs improvement. It across-the-board cuts to Medicare, forts. That is why I will strongly op- needs work. But the solution is not to Medicaid, and Social Security. He has pose his nomination, and I encourage throw the health care system into also long fought against women’s all in the Senate to do the same. chaos with no plan. The solution is to healthcare and access to family plan- Mr. UDALL. Mr. President, I rise work together on a bipartisan basis ning services. And he has advocated today to oppose the nomination of Con- and fix the ACA’s problems. banning abortions and abolishing fund- gressman TOM PRICE to be Secretary of Hundreds of my constituents have ing for Planned Parenthood, which the Department of Health and Human called and written asking me to pro- would make it far more difficult for Services. tect the ACA. New Mexicans are women to have access to health care. I oppose the nomination because Mr. scared—really scared—that their Medicare, Social Security, and Med- PRICE wants to dismantle America’s health care will be taken away. People icaid are crucially important to pa- health care system—with no guarantee are scared their health is in jeopardy. tients and their families. Medicaid pro- that Americans will continue to re- For some, they are scared their lives vides vulnerable populations, including ceive the health care coverage they will be put at risk.

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.082 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1033 I am angry that the President, Mr. try. During his confirmation hearings, surance markets—by executive action PRICE, and the Republicans have cre- Congressman PRICE was asked specifi- alone. ated so much fear and worry among my cally about the devastating con- President Trump’s Executive order constituents and around the Nation. sequences Medicaid expansion repeal directed his government not to imple- None of them has to worry whether would have on Indian health providers. ment the Affordable Care Act wherever their children will get the health care These providers depend heavily on this possible under existing law. And we they need. My constituents now do. Federal funding to provide lifesaving cannot be confident they will not bend Kevin, from Albuquerque, now has to services to our Native communities. the law in pursuit of this Presidential worry whether his 33-year-old daughter Any reduction in Federal funding to decree. Amber will get the health care she these facilities would be unconscion- I cannot support a nominee to head needs. Amber has multiple sclerosis. able. our health care system who is not firm- That is a tough disease. I talked about But Congressman PRICE has a clear ly committed to maintaining the Amber once before here, and her story record of voting to support the elimi- health care coverage Americans now bears retelling. nation of the Medicaid expansion and, have. And who will not push—and push Amber’s annual medical costs are when asked directly, could offer no so- hard—for the right of every American high. Her medications alone are $60,000 lution for making Indian Country to have health care. a year. Her doctor visits and MRIs run whole if this funding were to be cut. Finally, I cannot support holding a into the thousands of dollars. Nothing in his hearing or written an- vote on Mr. PRICE until all financial But Amber now has health insurance swers has assured me that Congress- conflicts of interest of his have been fully vetted and the American public through the open market thanks to the man PRICE intends to protect Native ACA. And, thanks to the ACA, she is communities from the negative impact knows there has been no violation of healthy. She works. She leads a proof ACA repeal. law or ethical responsibilities. Mr. PRICE is a wealthy man, like so ductive life. And, finally, ACA repeal would be many of Mr. Trump’s cabinet nomi- Without the ACA, Kevin worries his devastating to my State’s economy. nees. And he has tried to increase his daughter will be kicked off her health That is what a Ph.D. economist from wealth by investing in health-related insurance plan because her medical ex- New Mexico State University told the companies. It is widely reported—in penses are so high and that she will not New Mexico Legislature last week. Dr. the Wall Street Journal and else- be able to get new health insurance— Jim Peach said ACA repeal would be where—that Mr. PRICE has made over because of her preexisting MS. For ‘‘devastating’’ to our State. $300,000 worth of investments in health- Amber and Kevin, the ACA’s protec- As I said, New Mexico is not a related companies—companies that tions mean everything. wealthy State. We have one of the There are literally hundreds of thou- could benefit from his legislation. highest unemployment rates in the We are all familiar with the STOCK sands of New Mexicans and millions of country, at 6.6 percent. Act. It applies directly to us and pro- Americans like Amber. This one ACA But the ACA has been an economic hibits us from using inside information provision—prohibiting discrimination boon for us. Seven of the 10 fastest- that we obtain through our positions as based on preexisting illness—protects growing job categories in New Mexico Members of Congress for personal gain. an estimated 861,000 New Mexicans and are in health care. In fact, boosts from There are serious questions whether 134 million Americans. If we ourselves health care and tourism actually led to Mr. PRICE’s investments ran afoul of don’t have a serious illness like Amber, positive job growth for the last 2 the STOCK Act. we have a family member or friend who months. So health care jobs are of crit- I would like to refer to a February 7, does. ical importance in New Mexico. 2017, column from the New York Times Same with people who have high But, if the ACA is repealed, it is esti- discussing Mr. PRICE’s widely reported medical costs. These are the people mated New Mexico could lose between investments. So, a first example, in who need medical care the most. The 19,000 and 32,000 jobs. I can tell you March of last year, Congressman PRICE ACA provision—prohibiting lifetime right now New Mexico cannot take announced opposition to a Medicare benefit limits—protects an estimated that kind of hit in its employment measure that would limit the money 555,000 New Mexicans and 105 million numbers. doctors could make from drugs they Americans. And, the loss in spending in New prescribe their patients. The proposal Why is there even any discussion Mexico would be astronomical. was meant to reduce doctors’ financial about jeopardizing millions of Ameri- ACA repeal would mean a loss of $93 incentives to prescribe expensive cans’ health care? million in Federal marketplace spend- drugs. The ACA saves lives. It saved Mike’s ing in 2019 in New Mexico and $1 billion Makes sense—we don’t want doctors life. Mike and his wife, Pam, are from between 2019 and 2028. to prescribe more costly drugs because Placitas, NM. Before the ACA, they It would mean a loss of $2.2 billion in they would personally benefit. didn’t have insurance. They couldn’t Federal Medicaid funding in 2019 and But, just 1 week later, Mr. PRICE afford it and probably couldn’t get it almost $27 billion between 2019 and bought stock in six pharmaceutical for Pam because she had a preexisting 2028. companies that would benefit if this illness. This hit to our economy would be im- consumer protection measure were de- As soon as they could, they signed up mediate and would be sustained. Tax feated. for an insurance plan under the ACA. revenues would decrease. And the New And then, at the very same time, Using their new preventive care serv- Mexico legislature is struggling might- those very same companies were lob- ices, they found out Mike had an ag- ily now how to balance the State budg- bying Congress to block the measure. gressive form of cancer. Thankfully, et. And Big Pharma succeeded. they caught it early. Mike was treated The fact is no State budget is ready A second example—last year, he pur- at the University of New Mexico Can- to take on the extra load if the ACA is chased shares in Zimmer Biomet, a cer Center and is cured. repealed and health care gets pushed company that makes hip and knee im- Pam says there is ‘‘no question’’ that back to the States. We will go back to plants. the ACA saved her husband’s life. the days of no care, uncompensated Six days later, he introduced a bill Hundreds of thousands of New Mexi- care, and use of taxpayer-subsidized ER that would have directly helped Zim- cans and millions of Americans benefit services as a last resort. mer. His legislation sought to delay a because the ACA requires health insur- But Mr. PRICE and the Republicans Federal regulation that would have ance companies to provide free pre- are not talking about any of the dam- changed payment procedures for Zim- ventatives services. It is well docu- age in human or fiscal terms if the mer. In fact, Zimmer was one of two mented that such services prevent ill- ACA is repealed. companies that would have been hit ness, save lives, and save money in the In fact, they are already moving to the hardest by the regulation. long run. undermine the Affordable Care Act, Mr. PRICE has said his broker bought I am also concerned about the impact roll back its protections, reduce assist- the Zimmer stock. But these cir- ACA repeal would have in Indian Coun- ance to families, create chaos in the in- cumstances warrant investigation.

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A09FE6.007 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1034 CONGRESSIONAL RECORD — SENATE February 9, 2017 And, bottom line, Mr. PRICE is respon- So far, the nominee receiving the most at- opposition to the nomination of Con- sible for his investments. tention is Betsy DeVos, Trump’s choice for gressman PRICE to be Secretary of A third example—last summer, Mr. education secretary, and she definitely de- Health and Human Services and to con- serves scrutiny. Still, I think Democrats PRICE was offered a special deal—to tinue talking about the Medicaid pro- have made a mistake focusing so much on purchase shares at deeply discounted her rather than on Price. He could do more gram. price from Innate damage—and his transgressions are worse My colleague from New Jersey was Immunotherapeutics, an Australian than those that have defeated prior nomi- talking about the affordability of drug company. He got in at 18 cents a nees. health care in general and some of the share—at a time the stock value was Last March, Price announced his opposi- critique about where we are going with increasing rapidly, rising to more than tion to a sensible Medicare proposal to limit health care in the future. That is really 90 cents a share. The value of his the money doctors could make from drugs what I think the next few years here in shares rose more than 400 percent. they prescribe their patients. The proposal the Senate are going to be about—the At the same time, Innate Immuno was meant to reduce doctors’ financial incentives to prescribe expensive drugs. (And, future of health care. needs Federal Drug Administration ap- yes, if you’re bothered that your doctor has Unfortunately, the nominee before us proval for one of its drugs. any stake in choosing one drug over another, is more about the past of health care, This deal raises questions whether you should be.) focusing on issues like fee-for-service Mr. PRICE gained from an investment One week after Price came out against the instead of the patient-centric health opportunity—unavailable to the pub- proposal, he bought stocks in six pharma- care that we need. lic—from a company whose profits ceutical companies that would benefit from Earlier today, I was talking about could be influenced by his political de- its defeat, as Time magazine reported. At the the innovation that is happening in cisions. time, those same companies were lobbying Medicaid through the Affordable Care Congress to block the change. They suc- A Cabinet nominee should not come ceeded. Act and, specifically, what is hap- into office under a cloud of conflicts. A It’s a pattern, too. Price has put the inter- pening in Midwestern States, Eastern vote on his nomination before there is ests of drug companies above those of tax- States, Southern States, and Western full inquiry into his investments and payers and patients—and invested in those States—how the expansion of Medicaid ethical behavior is premature. drug companies on the side. is not just giving more people access to For these reasons, I will vote no on Last year, he also bought shares in Zim- health care but how innovative pro- the nomination of Mr. PRICE as Sec- mer Biomet, a maker of hip and knee im- grams that are reaching that popu- plants. Six days later, according to CNN, he retary of Health and Human Services. lation are allowing people, instead of I ask unanimous consent that the introduced a bill that would that have directly helped Zimmer. going into nursing home care and cost- New York Times column I referred to In his defense, a spokesman for Price has ing States more and having more ex- be printed in the RECORD. said that his broker bought the Zimmer pense, going into community-based There being no objection, the mate- stock and Price didn’t find out until later. care and home-based care that will rial was ordered to be printed in the That’s certainly possible, but still not ac- help us keep costs down and give pa- RECORD, as follows: ceptable. Members of Congress bear responsi- tients what they want: the ability to [From the New York Times, Feb. 7, 2017] bility for their personal stock transactions, period. stay at home and have care. TOM PRICE, DR. PERSONAL ENRICHMENT A third episode may be the worst. Price ac- I also talked about how, on top of the (By David Leonhardt) cepted a special offer from an Australian Medicaid expansion, we put a program Each year, a publication called Medscape drug company to buy discounted shares, as like the Basic Health Plan into place, creates a portrait of the medical profession. The Wall Street Journal and Kaiser Health which drove down the costs of pre- It surveys thousands of doctors about their News reported. miums for people in that program. job satisfaction, salaries and the like and He told the Senate that the offer was open Through Medicaid, not only have we breaks down the results by specialty, allow- to all investors, although fewer than 20 expanded health insurance by helping ing for comparisons between, say, dermatolo- Americans actually received an invitation to states cover their citizens, but the un- gists and oncologists. buy at the discounted price. The stock has As I read the most recent survey, I was since jumped in value, and Price under- insured rate has also dropped. I men- struck by the answers from orthopedic sur- reported the worth of his investment in his tioned that in our State of Washington, geons. They are the highest-paid doctors, nomination filings. It was a ‘‘clerical error,’’ it dropped to just 6 percent. Through with an average salary of $443,000 in 2015— he says. delivery system reforms, we are also which, coincidentally, was almost the exact Even without any larger context, his ac- driving a better way for us to improve cutoff for the famed top 1 percent of the in- tions are disqualifying. He’s repeatedly the Medicaid Program. come distribution. placed personal enrichment above the credi- Now I want to contrast that to the Yet many orthopedists are not happy with bility of Congress. The behavior is substan- position of this administration and to their pay. Only 44 percent feel ‘‘fairly com- tially worse than giving money to an illegal pensated,’’ a smaller share than in almost immigrant (which defeated a George W. Bush Congressman PRICE, because it is a every other specialty. A lot of orthopedists nominee) or failing to pay nanny taxes very different view. As I said, I think it aren’t even happy being doctors. Just 49 per- (which scuffled a Bill Clinton nominee). is a very backwards-looking view about cent say they would go into medicine if they But of course there is a larger context. what we need to improve our health had to make the decision again, compared Price has devoted much of his political ca- care system. I want to make sure that with 64 percent of all doctors. reer opposing expansion of health insurance. our colleagues on both sides of the I know that many orthopedists have a very His preferred replacement of Obamacare different view: They take pride in helping aisle understand this. would reduce health care benefits for sicker, Now, my biggest concern is that the patients and feel fortunate to enjoy com- poorer and older Americans. fortable lives. But despite those doctors, it’s His views have a long history within the current administration and members of clear that orthopedics suffers from a profes- medical profession. For decades, doctors that administration are talking about sional culture that does not live up to medi- used their political clout to help block uni- what they want to do with Medicaid. I cine’s highest ideals. Too many orthopedists versal health insurance. They offered many know that Speaker RYAN has said that are rich and think it’s an injustice that rationales, but money was the main reason. he would like to block-grant Medicaid they’re not richer. Many doctors feared that a less laissez-faire back to the States. This may sound This culture helped shape Dr. Tom Price, health care system would reduce their pay. like some great idea until you realize the orthopedic surgeon and Georgia con- It’s to the great credit of today’s doctors gressman who is Donald Trump’s nominee that they have moved their lobbying groups that, right now, Medicaid is already a for secretary of health and human services. away from that position and helped extend state option. Medicaid is a voluntary Price had a thriving practice near Atlanta insurance to some 20 million people. They program for States to participate in. before being elected to Congress in 2004. His understand that some principles matter The money goes back to the State estimated net worth of more than $10 million more than a paycheck. based on the need. It is not block- (and possibly a lot more) makes him one of Or at least many of them do. granted. the House’s wealthier members. The PRESIDING OFFICER. The Sen- I talked earlier today about when Yet he hasn’t been content to make money in the standard ways. He has also pushed, ator from Washington. you block-grant it and cap it at a cer- and crossed, ethical boundaries. Again and Ms. CANTWELL. Mr. President, I tain level, you are asking people to do again, Price has mingled his power as a con- come to the floor this evening to con- more with less. Instead of addressing gressman with his desire to make money. tinue my remarks from earlier today in their needs and improving the system,

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A09FE6.007 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1035 like I mentioned on rebalancing to cally those innovations are allowing expanding coverage and giving peace of community-based care versus nursing States to continue to improve the de- mind, here is what Mr. PRICE’s Med- home care, or making it more afford- livery of health care. In the State of icaid cuts would do, according to some able like in the Basic Health Plan, all Washington, that means we are deliv- of the independent experts who study you are doing is capping it and con- ering better care, better outcomes, at Medicaid. tinuing to give an amount of money lower cost. That should be our target— The National Council on Disability that doesn’t meet the needs of indi- not taking a hatchet to Medicaid and says about block grants: ‘‘Older Ameri- vidual citizens. So I did not like the chopping it and saying we are going to cans and people with disabilities would fact that Speaker RYAN seems to be on give you less and less money. be at special risk. . . . States would this parade of saying: Let’s block-grant We know that our health care deliv- face strong financial pressure to reduce Medicaid. ery system is going to be challenged in services to low-income seniors and peo- The reason we came to this is that the future, and we know Mr. PRICE’s ple with disabilities if the Federal Med- my dear colleague from Vermont came budget would cut one-third of Medicaid icaid funds were capped.’’ to the Senate floor one night and funding within 10 years. That is a huge The Center on Budget and Priorities showed a tweet from—I think it was cost to the Medicaid program. So what says: ‘‘To compensate for the federal actually then-Candidate Trump, but it would it mean? It would mean millions Medicaid funding cuts a block grant might have been President Trump— of Americans would lose their health would institute, states would either that said: No, I am not touching Medi- insurance because States will not have have to contribute much more of their care or Social Security or Medicaid. the investments to cover them. Uncom- own funding or, as is far more likely, My colleague from Vermont wanted to pensated care will skyrocket, and that use the greater flexibility the block know whether the President was going would really hurt the safety net that grant would give them to make draco- to stick to that promise. What has hap- hospitals provide. People don’t go with- nian cuts to eligibility, benefits, and pened since then is we have seen that out health care just because Medicaid provider payments.’’ there has been a promise, so to speak, doesn’t cover them. They show up in The Commonwealth Fund says that on some of these programs, but not on the emergency rooms, they get uncom- ‘‘the federal contribution under a block others. pensated care, it is more expensive, or grant program would remain the same, I know Vice President PENCE said they ignore their health care needs or grow only according to a present that he and Donald Trump will give until they can absolutely afford it. We formula, no matter how large the popu- States new freedom and flexibility are seeing this across America even lation in need becomes or how much a through block-granting Medicaid. So now. We have had physicians tell us State actually must spend on health they are for this idea of block-granting stories of people who are just waiting care for Medicaid recipients.’’ Medicaid. until they can afford coverage. So we can see that people understand In fact, White House Counselor So that is why it is so important to that block-granting Medicaid is noth- Kellyanne Conway said: block-grant get affordable coverage like the Afford- ing more than a war on Medicaid— Medicaid to the States. able Care Act has been able to provide nothing more than a war on Medicaid. So many on the other side are saying and to unleash innovative programs That is why I cannot support Mr. you are going to keep your health care; within these systems, like the Basic PRICE’s nomination. We gave him don’t worry, it is going to be there for Health Plan that I mentioned earlier chances in the hearing to talk about you; no one is going to lose it. I guar- today, which allows us to buy in bulk, why this kind of approach is not ac- antee that if we block-grant Medicaid, like a Costco model. Costco delivers ceptable and why the programs within which is the premise that Mr. PRICE Americans a lot of cheaper products be- the Affordable Care Act that are driv- has been rallying on, not just once but cause they buy in bulk; it drives down ing down costs, giving people access, many times, it is not going to work out the price. The consumer wins and the making improvements, working all for many Washingtonians in my State, insurer wins because they know they across the United States in various and it certainly is not going to work are going to get big purchases, and parts of our Nation are actually the out for many people all across this that provides flexibility. I mentioned right ways to improve the delivery sys- country. how New York has more than 600,000 tem, but we couldn’t get commitments. Mr. PRICE wrote a budget that would people on the Basic Health Plan, and So if my colleagues are being honest block-grant Medicaid. And he wrote a instead of paying a yearly premium of with themselves or if they actually un- bill that would repeal the Medicaid ex- about $1,500, they were basically saving derstand this, they should be very pansion in its entirety and repeal all of about $1,000 or more on their annual in- afraid of the notion that Mr. PRICE is the Affordable Care Act. So I know for surance premiums. Why? Because the putting forward in wanting to block- some people, as I said, that might State was able to offer up a bundle to grant Medicaid. I think some of them sound like giving the States flexibility, New York residents and drive down do understand. It is why the Governor but right now, that dollar goes up and costs. That is the kind of flexibility we of Nevada, Brian Sandoval, and the down based on need. When Medicaid is need in the health care system. We Governor of Michigan, Rick Snyder, block-granted, you are going to give don’t need to just say we are going to and others, are asking Congress to let States a set amount of money and, as I cut one-third over a 10-year period of them keep the Medicaid gains already said, that set amount of money may time. in the Affordable Care Act and not not keep pace with the cost of care. Let me again contrast this progress shift those costs to the States. Through Medicaid waivers authorized with Mr. PRICE’s ideas. Congressman So while shifting costs to the States by Congress and approved by the Cen- PRICE’s budget would cut $1 trillion might be exactly what some people ters for Medicare and Medicaid Serv- from States over 10 years through Med- want to do, this is exactly why we need ices, States can work with the Federal icaid block grants—$1 trillion, leaving to fight to make sure that the Med- Government to deliver flexibility. I States with a hole in their budget that icaid expansion remains supported, and just mentioned two programs that are I know, if they are like our State and that we have the right focus moving already in the Affordable Care Act. are challenged with other issues, they forward—a delivery system, that is, Earlier today I mentioned all of the would not be able to cover. The notion that works for the patients and im- States that were utilizing rebalancing that block-granting Medicaid and re- proves outcome and lowers costs. That programs and the shift they are seeing pealing the Medicaid expansion is the is why I mentioned two aspects of the in keeping people out of nursing home way forward is absolutely not what the Affordable Care Act. We did the Med- care and putting them in community- people of Washington State think. I am icaid expansion, and then, for a work- based services. So that is a huge win. here to represent the viewpoint that ing family just above the Medicaid eli- A number of States have pursued innovations in the Affordable Care Act gibility level, which is 138 percent of these Medicaid waivers through a sec- are working, and we shouldn’t just sim- the federal poverty level, they were tion of the Social Security Act called ply block-grant and cut Medicaid. able to buy in bulk and get the kind of 1115. It is really not necessary for any- So instead of improving the delivery cost savings in health care that, as I body to know the number, but basi- system of health care and instead of said, let more than 600,000 New Yorkers

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.099 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1036 CONGRESSIONAL RECORD — SENATE February 9, 2017 sign up for truly affordable health care Nonpartisan analyses of these plans pushed legislation that could affect the in impressive numbers. are not pretty. Millions of people in value of these stocks. His formula has So that kind of progress being made this country, young and old, children been pretty simple. First he buys the in Medicaid and in the income levels and grandparents, poor and middle- stock, then he pushes bills to help the just above it is exactly the kind of class workers would be denied access to company, which helps the stock price progress we must keep pursuing. Our lifesaving care. go up. colleagues seem to want to turn back Congressman PRICE touts his own For example, Congressman PRICE the clock on this plan. magic numbers that say differently, bought stock in a company that makes We did not get a single commitment but make no mistake, this is the record hip and knee replacements, and then he from Mr. PRICE on keeping Medicaid of someone who wants to use his posi- introduced a bill to suspend a Federal healthy for more than the 70 million tion at HHS to advance a radical, reck- rule affecting Medicare reimburse- Americans that depend on it. There- less agenda that puts rightwing, anti- ments for hip and knee replacements. fore, all I can do is go back to his government ideology ahead of the Congressman PRICE bought stock in a record, his votes, and his comments to health and safety of the American peo- bunch of pharmaceutical companies, understand his desire to block-grant ple. then cosponsored a bill to suspend a Medicaid, which is a war on Medicaid. During his hearing before the HELP Federal rule that would hold down drug It will not make that population Committee, I asked Congressman PRICE prices for the drugs that these compa- healthier. It certainly will not really some pretty simple questions. I asked nies manufacture. Congressman PRICE control health care costs for the fu- him about more than $1 trillion in cuts bought stock in an Australian biotech ture, and it is certainly the reason I that he has proposed to Medicare and company with an experimental drug to will be voting no on Mr. PRICE. Medicaid. I asked him if he would keep treat multiple sclerosis, and then he Mr. President, I yield the floor. or undermine President Trump’s cam- voted for a bill that would make it The PRESIDING OFFICER. The Sen- paign claim that he would protect easier for the FDA to approve these ator from Massachusetts. these programs. I asked him to guar- drugs. Ms. WARREN. Mr. President, I rise antee that not one dollar in cuts to So what does Congressman PRICE today to urge my colleagues to vote Medicare would take place on his have to say for himself? How does he against the nomination of TOM PRICE watch. I asked him to guarantee that explain this connection between buying to be the Secretary of the Department not one dollar in cuts for Medicaid to stock, then supporting changes in the of Health and Human Services. help people living in nursing homes law that would boost the value of the The decisions made at HHS touch the would happen on his watch. I asked stock he just bought? Well, he has his lives of every family in America. The him to guarantee that not one dollar in excuses lined up, and I have to say they Secretary who runs this agency makes cuts for people with disabilities would are doozies. decisions about everything from safety happen on his watch. He says he didn’t know about the of the food we eat to the drugs we take, I asked him three separate times to trades; his broker made them without to the health insurance we buy and the make this commitment, and three sep- asking him first. Oh, wait. He did know quality of nursing homes we live in. arate times he refused to do so. Think about the trades. He just happened to This is an extremely important job, about that—cut Medicare for millions know about an obscure Australian and we should not hand over the keys of seniors, cut help for people with dis- biotech firm, and he just happened to to this agency unless we are certain abilities, cut Medicaid for people living decide to invest as much as $100,000 in that the person will put the American in nursing homes. This is the person it because it was a good investment. people first every minute of every day. Donald Trump wants to put in charge Then he hit his last excuse: It is all OK President Trump has nominated Con- of those programs. because he paid the same price as any- gressman TOM PRICE to serve in this We have a lot of work we need to do one else who bought the stock. job. Unlike many of the President’s on health care. We need to reduce the Wow, that is really a heaping, steam- other nominees who are stunningly in- cost of insurance. We need to make ing pile of excuses, and the excuses experienced in areas where they will be sure insurance is available to small stink. These are Congressman PRICE’s setting policy, Congressman PRICE has business owners, gig workers, and part- stock trades, not anyone else’s. He a lot of experience in health care pol- time workers. We need to make sure made those decisions to buy those icy. Yes, he has experience, but it is insurance continues to cover health stocks, and then he repeatedly pressed the kind of experience that should hor- care for women and people with pre- for rules that would increase the value rify us if we care about Medicare, if we existing conditions who otherwise are of those stocks. In fact, with one of the care about Medicaid, or if we care not going to be able to get insurance. deals, it isn’t just a question of about our own insurance coverage. What we don’t need is to put someone stinkiness; it is a question about Congressman PRICE’s record is per- in charge who is hell-bent on destroy- whether he broke the law. fectly clear. He wants to destroy funda- ing health care in America. By his own account, Congressman mental protections that millions of For me, this is easy. When someone PRICE found out about an Australian Americans depend on for their health says he wants to cut Medicare, I am biotech company called Innate and economic security, and, frankly, he done with him. When someone says Immunotherapeutics from a fellow isn’t very subtle about it. He has de- let’s take away the money that people House Member who, it just so happens, scribed ACA’s ban on discriminating rely on to pay for nursing homes, this sits on the company’s board and holds against individuals with preexisting guy is finished. When someone says the largest stake in the company. So conditions as ‘‘a terrible idea.’’ He has that protecting people with preexisting when he decided to buy his latest batch voted 10 times to defund Planned Par- conditions is a bad idea, they don’t get of stock, Congressman PRICE got access enthood—voted 10 times against a the job. This should be easy for every- to a private sweetheart deal, meaning group that provides lifesaving cancer one in Congress. This is a moment for he got a discount on the price of the and sexually transmitted infection Senator Republicans to step up and say shares the general public couldn’t get. screenings to millions of patients a no. This sequence of events might break year. He has tried to privatize Medi- There is another reason to reject the law. That is not good at all. And care and raise the age of eligibility. Congressman PRICE’s nomination, a getting special access to a sweetheart Privatize Medicare; think about that. reason that has nothing to do with his deal doesn’t help your claim that you And he has been one of the chief boost- terrible ideas, a reason that would dis- are just an ordinary guy with a boring ers in Congress for gutting the Med- qualify him even if we agreed on every stock portfolio. So when Congressman icaid program—the Medicaid program, single issue. The reason is basic ethics. PRICE appeared before the Finance and which provides health care for millions During his time in Congress, Mr. HELP Committees, he said he had not of kids, for people with disabilities, for PRICE has made money by trading hun- paid a lower price than had been avail- families with parents in nursing dreds of thousands of dollars’ worth of able to other investors. That is just not homes—cut money to keep people in stock in healthcare-related companies true. The company itself pointed it nursing homes. at exactly the same time that he out. In fact, Congressman PRICE got a

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.083 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1037 special discount that went to only 20 President Trump does not share this tumors on her spine. They cause her chronic people in the country—20 special dream for health care in America, and pain and problems walking. On some days, friends, including the Congressman neither does Congressman PRICE. From she cannot walk even one step. On other who could help write the laws that his first day in office, President Trump days, she might begin walking with a walk- would make the company even more er, then suddenly collapse on the floor. has acted to undermine access to Meg cannot hold down a job: She spent the valuable. health care. Now he has nominated an last quarter of 2016 in and out of hospitals. An outside watchdog has called for HHS Secretary who will help him sabo- She receives about $700/month from Social an SEC investigation into whether tage our Nation’s health care system Security Disability. She has no savings. She Congressman PRICE committed insider from inside the Department of Health pays for her Medicare prescription drug Part trading. PRICE lied to Congress about and Human Services. D supplement out of her Social Security. his trades, and that should be the end Yes, we have our differences over MassHealth is free for her, and it pays for of it. No more nomination for Sec- health care, and, yes, there are fixes we Meg’s Medicare Part B. I am retired, so I can retary of HHS. The Congressman only help her a bit. need to make, but where are three Re- If Trump’s first idea about TrumpCare goes should have the decency to withdraw publicans who will say no to a man his nomination. It should have hap- into law—where he assumes you will buy who wants to cut Medicare? Where are your health insurance out of savings—I fear pened weeks ago. And if he didn’t go three Republicans who will say no to a Meg will live in her bed, watching repeats of voluntarily, the President and his man who wants to cut nursing home quiz shows on her television. And her net- friends in Congress should have quietly care? Where are three Republicans who work of care—including emergency services, but forcefully pushed him out, but that will say no to a man who wants to cut rehab physical therapy, chronic disease man- is not what happened either. Instead, insurance coverage? Democrats can’t agement prescription drugs—will be reduced. Republicans barreled straight ahead, do this alone. Three Republicans need I understand why you are worried, and they changed the rules to do it. to put aside partisanship and stand up Alan. I am worried, too, because I Since Congressman PRICE lied to the for the American people. We need you. think that is exactly the path we are committee, Democrats wanted him The American people need you. on with Congressman PRICE’s nomina- back for another hearing to ask him With my remaining time, I want to tion to head up HHS. That is why we about it. Republicans refused, and share some of the letters I have been are fighting back. Democrats boycotted the Finance Com- getting from families in Massachusetts Boston Center for Independent Living mittee to try to force PRICE to explain who have seen the reckless, radical also shared with me a story from a con- why he lied. So the Republican re- plans that President Trump, Congress- stituent named Jill who receives sponse was to just suspend the Senate health care from the State’s Medicaid rules so they can run around the Demo- man PRICE, and Republicans in Con- gress have put forth for the Nation’s Program. Let me tell you a little bit crats and move forward PRICE’s nomi- about Jill. nation anyway. health care system. These families know exactly what is at stake in this Jill is 62 years old. She has a heart Do we do not care about basic ethics defect, a seizure disorder, and serious anymore? Is that just gone? A Con- debate. Congressman PRICE didn’t have osteoporosis. She had a varied career gressman should not be buying stocks an answer when I asked him to protect as a manager of a women’s clothing then pushing laws to help the com- Medicare and Medicaid, but these let- company a decade ago, and in the 1980s, pany, and that Congressman sure ters are from constituents and they she installed some of the first com- shouldn’t be lying to the United States show just how important these pro- puter networks in public schools. In Senate about it. grams are. the past several years, Jill has had sig- Because Congressman PRICE has no Lee from Holliston wrote to me, con- shame, it will take three Senate Re- cerned about cuts to Medicare and nificant health problems: surgery for publicans to reject his nomination. Medicaid. I am just going to read an her heart condition and multiple bro- Where are the three Republicans who excerpt from his letter: ken bones due to her worsening will say no to a man who bought stock I am a 65 year old disabled woman who de- osteoporosis. and then tried to get the rules changed pends on the generosity of MassHealth and MassHealth, the State’s Medicaid in Washington so the companies would Medicare to survive. I am terrified that Program, has covered hospital bills, ap- be more profitable? Where are three Medicare and Medicaid will be so drastically pointments with specialists, rehab Republicans who will say no to a man cut that I will no longer be able to maintain stays, and an affordable medication my life. I live in HUD housing, receive Medi- plan. who got a special stock deal that went care and MassHealth which covers all of my to only 20 people in the whole country? Jill is now hoping to use a personal healthcare and allows me to continue to live care assistant to give her support with Where are three Republicans who will on my own through senior services and the say no to a man who lied to a Senate Personal Care Attendant program. shopping, making meals, and basic committee? This has nothing to do I guess I am just feeling scared and hope- housekeeping. with politics. It is about basic ethics. less as I realize the potential for destroying Jill said: ‘‘For me, Medicaid is a life- It is about potentially illegal behavior. the lives of seniors who live on Social Secu- line—any cuts from Washington would Where are three Republicans who will rity and nothing else. I wear an insulin be a disaster.’’ pump, have type 1 diabetes going on 53 years, I hear you on that, Jill. I just hope say no to this man? and I have multiple complications—includ- When Donald Trump selected Con- that Congressman PRICE, President ing an amputation 11 years ago. Trump, and the Republicans hear you gressman PRICE for this job, he said My healthcare costs are just unaffordable PRICE was part of a ‘‘dream team that without all the assistance. Medicare and as well. will transform our healthcare system MassHealth covers everything for me so that Medicaid helps a lot of people in Mas- for the benefit of all Americans.’’ Over the $1,050 per month I receive is doable for sachusetts, including the very young- the past few weeks, I have been trying living expenses. est. I got a very powerful letter from to understand exactly what that dream I just need to know it is going to be OK. Marika from Duxbury, who wrote to looks like. Lee, we need three Republicans to me about giving birth to her son Jack For families all over this country, help out here. Congressman PRICE has after just 28 weeks of pregnancy. I the dream is pretty simple. They want made it clear that he wants more than want to read parts of her letter: to know that when they get sick, they $1 trillion in cuts to Medicare and Med- I’m writing to you today because I am hor- can go to the doctor and not be hit icaid, and that affects you. We have to rified about the changes that may be hap- with a surprise bill they can’t pay. find three Republicans to help out and pening to healthcare in the United States. When they buy insurance, they want to to help stand up for you and the rest of My husband and I welcomed our son, Jack, be sure it covers birth control or can- America. at 28 weeks in July of 2015. I had a very nor- cer screenings and preexisting condi- I also heard from Alan from South mal, healthy pregnancy—until suddenly it wasn’t. I ended up with rapid onset of tions. They want to be able to fight Shore, who is worried about his daugh- HELLP, a rare and life-threatening syn- cancer and not lose their house or deter Meg. Here is what he wrote: drome, and an emergency C-section saved clare bankruptcy because their insur- My daughter Meg is 29. She was born with both my life and Jack’s. ance company imposes a lifetime limit a condition called neurofibromatosis. As a Jack was 1 pound, 14 ounces when he was on benefits. result of this, she has benign but inoperable born. We were both in the ICU for some time,

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.085 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1038 CONGRESSIONAL RECORD — SENATE February 9, 2017 my son Jack for 110 days. He had all the insurance was one of many side effect issues That is why it’s dire. issues you’d imagine at 28 weeks—cardiac, that no homicide victim’s family should One laid-off spouse, one four year old son, pulmonary, feeding. have to worry about. Especially the next day one self-employed wife with an 80% chance of Today, at 18 months old, Jack is a fighter— and when planning a funeral. developing breast cancer and fear of the ACA my hero really—and despite still needing ox- Thanks to the Affordable Care Act, I was being repealed. This is dire. ygen and a continuous feeding tube that is able to get covered almost immediately, We are terrified, I am terrified. surgically inserted into his intestines, he is which meant I could still afford my current This isn’t a ‘‘wait and see’’ situation for cruising, talking, and ALIVE. medications and I was able to get into need- my family. This is us. This is now. And this He is alive, and quite frankly, I’m alive be- ed therapy right away. If it weren’t for the is real. cause of our amazing healthcare. I have the ACA, I would have been left struggling and Yes, Jennifer, and that is why we are benefit of an exceptional employer plan from sick as a result of something FAR out of my here tonight, in the U.S. Senate, to de- Harvard University. But Jack also qualified control. bate whether or not Congressman (because of his birth weight) for MassHealth. Very true, Jackie. PRICE—a man who wants to cut Medi- And our public health insurance has been an Jackie goes on to say: incredible resource: care, cut Medicaid, repeal the Afford- I ended up finding work within a couple of able Care Act—is going to be the next Jack’s hospital bills were in the millions months, and I am still in treatment for after his 110 day stay in the NICU. This PTSD. I was lucky enough to find employ- head of Health and Human Services. doesn’t even include my own hospital costs ment at Harvard University and no longer That is why we are fighting. That is for my stay. Despite having excellent jobs needed coverage through the ACA. I have why we are looking for three Repub- and resources, my husband and I would have generous health benefits provided to me. licans to step up with the Democrats been bankrupt, and immediately so, without However, I never want a fellow citizen or vic- and turn him down. We must protect our private health insurance and MassHealth tim of homicide to be without medical care the Affordable Care Act. benefits. due to cost, preexisting conditions, or other Since coming home from the NICU, Jack is I also got a letter from Olivia, a col- setbacks. I am happy my tax dollars go to lege student from North Reading. still on a feeding tube and oxygen, and he help programs like MassHealth and the ACA. cannot be accepted into regular daycare. He We all work hard, but that doesn’t mean we Olivia wrote me about what the ACA would go to a medical day care, but he has are all as fortunate. means to her as someone living with no cognitive delays, and so placing him in I am not the typical poster child for a multiple chronic illnesses. She wrote: such a facility would not ensure that he gets homicide victim/survivor. I am white and I am a twenty-two year old white woman the regular developmentally appropriate en- college educated. I work for an Ivy League from a middle-class suburb of Boston. I at- gagement that he needs. And so MassHealth school. I still needed help when disaster tend the University of Massachusetts Am- pays for skilled nursing care in our home struck, and so many others less privileged herst and will be applying to graduate school with no out of pocket costs. This means that than me need help finding affordable health next year. I eat an anti-inflammatory diet, I Jack gets the care that he needs, and my care. exercise regularly, do not smoke, and drink husband and I can still work at the jobs that Please continue fighting for me and other lots of water. I am on my parents’ insurance, we love. victims and survivors of homicide. which they receive through their employer. I Jack participates in early intervention That is what we are here for, Jackie. am a patient at some of the best hospitals in programs and receives feeding therapy, phys- That is what we are supposed to do. We the world. ical therapy and occupational therapy free of I am so fortunate to live in a state that charge. just need three Republicans to help us out on this. protects my right to affordable health care. Jack’s Synagis shots cost zero dollars. I was also hopeful when I heard that Presi- Synagis is a prescription medication that is I also heard from Jennifer from Northampton, who is terrified for her dent Trump was considering modifying used to prevent a serious lung disease caused ObamaCare rather than repealing it. How- by respiratory syncytial virus, RSV, in chil- family if the ACA is repealed. She says: ever, I am still worried about the actions dren at high risk for severe lung disease from I suppose I can’t say when our story starts. that will be taken in 2017 by his administra- RSV. The average wholesale price is $780.15 Maybe the day I met my then-life partner tion and by Congress. for the 50 milligram Synagis vial, and (now wife) of 16 years. Maybe it begins when If you met me you would see a ‘‘young, vi- $1,416.48 for the 100 milligram vial. Jack gets she had to have emergency surgery in Mary- brant, and ambitious woman’’—other peo- a 150 milliliter shot every month. land when she wasn’t covered under my in- ple’s words, not mine. Many people and poli- I cannot imagine this life without my son’s surance, because our union wasn’t legally ticians in this country would meet me and public health insurance. I recently enjoyed recognized. Maybe it begins with the tens of not assume that I rely on the ACA. I am not the NICU Family Advisory Board at Beth thousands of dollars of debt we incurred in from a low-income family, I don’t live in an Israel Deaconess Medical Hospital in Boston uncovered medical expenses when we tried to area that doesn’t have adequate medical fa- (where Jack and I were cared for) as a way to get pregnant with our son. cilities, and I appear well. I am, however, liv- give back. Today, I mentor other families Or maybe it started two days ago when the ing with multiple chronic illnesses. I suffer who have unexpectedly found themselves the unthinkable happened. My wife got laid off. from asthma, fibromyalgia, chronic urti- parent to a tiny premature baby fighting for After seven years of exemplary services to a caria, chronic migraines, irritable bowel sys- life. In nearly every case, navigating the in- large human services agency whose mission tem, gastro-esophageal reflux disease, and a surance system and fears about money are is supporting individuals and families af- rare-genetic kidney disorder. top of mind. fected by homelessness, my wife was given I take multiple medications daily that I am glad to hear that Jack is doing no warning, no severance and no compassion keep me alive, prevent further health com- well, but I understand why it is that in her sudden dismissal from the agency. For plications, and that allow me to take care of any family this would be devastating. Now myself. I also seek other therapies to man- you want to hang on to MassHealth we come to the dire part. and why it is that we cannot take the age my conditions, such as chiropractic care About a year ago, my younger sister, and physical therapy. I currently have great cuts Congressman PRICE has proposed. Stephanie, was diagnosed with an aggressive health insurance, yet I still pay hundreds of Families in Massachusetts are also form of Triple Negative Breast Cancer at 35 dollars a month just to give myself any qual- deeply worried about the future of the years of age. But this story isn’t about that. ity of life. Affordable Care Act. Jackie from Nor- Six months later, my mother got diag- I read the Trump/Pence administration’s wood wrote to me about how the ACA nosed with Stage 4 Metastatic Breast Can- health care plan and I am aware of the ef- cer. forts by the GOP to repeal Obamacare and helped her get coverage for therapy I didn’t have to be an over-educated les- their readiness to do so now that President after her mother was killed. She wrote: bian to know that there was something ge- Trump has taken office. I don’t believe I My mother was murdered when I was 24. I netic going on in my family. I got tested for have to explain to you why this worries me. was on her healthcare, which kicked me off the BRCA gene and was found positive for the day after she died. I had recently accept- the mutation that causes breast cancer, spe- No, you don’t. ed a new job and I was set to start that Mon- cifically Triple Negative (like my sister had) I won’t go on a rant about why health care day (she was killed on Saturday). I had al- and am currently looking at an 80% chance reform should be about the people not the ready left my previous full-time job the Fri- of developing Breast Cancer in my lifetime. money (though I could). I will also not talk day before. I need a double mastectomy and I need it about why we should have universal health Due to having to move states after her soon. It’s scheduled, in fact, for March 6th, care (though I could). I am hoping that my death, I couldn’t start my new job. I didn’t 2017. And now, my wife doesn’t have a job. I story offers a slightly different perspective know when I’d have work again that could am a Behavior Analyst who specializes in the on why certain aspects of the ACA cannot be provide insurance, nor did I have another treatment of children with Autism Spectrum modified. parent whose plan I could join. I also had no Disorder. I have a small private practice and Please remind your fellow senators that way of affording COBRA payments. don’t make enough money to support our millions of Americans suffer from multiple So in the matter of one night, I was left household. I also don’t have access to health chronic illnesses, many of which are invis- helpless in so many ways. Not having health insurance through any of my contracts. ible, and that we are a minority that is often

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.087 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1039 forgotten. Many people are just like me. We months. I have been postponing another sur- Luckily, we stumbled upon an article by a are college students and new graduates who gery due to cost, since my insurance has Dutch team that had examined a cohort of have to learn to manage our medical condi- changed for the worse. At age 23, my daugh- women suffering from the same condition. tions before going out into the real world. ter was diagnosed with Hodgkin’s lymphoma After consulting with the lead author of the To do this, we may have to stay on our and underwent surgery and seven months of paper, we decided that my implant was to parents’ insurance until we are twenty-six chemotherapy. blame, and we determined to have it re- years old. We are people who can only work We are a family that has always been moved. part-time jobs and will need insurance to proactive and responsible in receiving reg- Although I experienced some relief imme- help keep our medical costs down. We may ular health care. Now, my husband and I diately after ex-plantation, I have never require expensive prescriptions and numer- have been rejected for long-term care. My fully recovered. The joint pain and exhaus- ous doctor visits a year; we cannot have a daughter, who has two children, pays a high- tion persist. I have shed more than a third of cap on our care because our conditions are er premium for life insurance and has been my body weight. The battery of medications chronic and unpredictable. We are people denied cancer insurance. We are in a position I take do little more than keep my pain at who will have to apply for insurance with where we cannot even succeed in our at- bay, permitting me to drive my son to school pre-existing conditions which should not be tempts to take responsibility for ourselves. or shop for groceries, but not much more. held against us. We are thankful for prevent- This outreach to you is a further attempt As for my artistic life, it has been put on ative care because it prevents illnesses that to do just that; to maybe give you one more hold. I have unfinished commissions from would exacerbate our other conditions. example of reality in your fight for us. We two theaters—Chicago Shakespeare Theater Health care is a business that we need but are not whining; we are fortunate to be a and Playwrights Horizons, in New York that we didn’t ask to be a part of. It is a close, loving family that has had the City—and both institutions have been in- business we all take part in, whether we plan strength to rally every time adversity has credibly patient. Yet the truth is that I have to or not. We are NOT burned-down houses— struck. been unable to work for more than two we are citizens who provide meaningful con- But we are tired from the fight and very years. tributions to our country. afraid for the future. It is shocking to us Severe cognitive impairment is a hallmark I hope that Congress can work together to that, in the richest country in the world, of my condition, and I have serious problems continue to give people like me a fighting after years of working, planning and saving, with my short-term memory. Holding the chance. that we are at the point of fearing a possible thread of conversation is incredibly difficult, I am with you on that. I hope Con- bankruptcy in our later years. We also fear and I experience blinding headaches if I write music for more than a couple of hours. gress can work together to give people financial destruction for our hard-working children due to uncovered medical expenses Frequently, it feels as though someone has like you a fighting chance. or the possible exorbitant premiums of a reorganized my brain but forgotten to leave I also got a letter from Christine in high-risk insurance pool. me the instructions. It is frustrating; it’s Canton, who wrote to me about her Please, please never tire in the fight for ac- terrifying. son. She writes: cess to comprehensive affordable healthcare. Only one thing has made it possible for me My oldest child is a 21-year-old college stu- Good medical care should not be a privilege to survive this at all: the coverage I receive dent (soon to turn 22 in February), who is for the rich, but a fundamental right for all. through the ACA. The day I got my cancer diagnosis, I was in also transgender. He suffers from anxiety Boy, I am with you on that one, the process of re-certifying through the Mas- and depression. He’s been working very hard Denise. It is a fundamental right for sachusetts Health Connector. I was thrilled to complete college while also seeking treat- all, and that is what we will continue when my local Navigator told me that ment for his mental health issues. He sees a thanks to my new diagnosis, I qualify for therapist weekly and has also been hospital- to fight for. Massachusetts’ Breast and Cervical Cancer ized twice for mental health issues since he’s I also received a letter from Jenny in Treatment Program, a Medicaid-backed ini- been in college. Worthington. And I want to read you Luckily, due to the Affordable Care Act, he Jenny’s entire letter because she really tiative designed to cover middle and low-in- is able to remain on our insurance, where the underlines what is at stake in this come women through their treatments. Not only would I be covered, but our two children co-payments for both therapy and hos- fight. pitalization are at least manageable. If he would also be insured by MassHealth, our My husband and I have spent our entire ca- state’s Medicaid program. Though my hus- were not to have coverage through our insur- reers in the arts. I write music for the the- ance, I’m not sure that we could afford to band continued to purchase care through a ater; my husband is a novelist, playwright, separate plan, this single event saved our pay for his treatment—and as a college stu- and freelance medical writer. We have two dent, he certainly could not afford to pay for family from financial ruin. children. We own a home. We paid back Now, all of that stands to change. With the it. It frightens me to think of what will hap- every dime on our student loans and we con- repeal of the life-saving provisions guaran- pen to him if he is not able to receive treat- tribute regularly to our self-funded retire- teed by the ACA, we are faced with the comment to keep him healthy. ment accounts. We have no consumer debt. plete erosion of our savings. The Republican Like so many others covered by the Afford- In short, we are hardworking, fiscally re- Congress has already voted to eliminate the able Care Act, it is a life or death situation. sponsible people. ban on denying individuals coverage on the I need to know that you will fight by any We recognize the trade-offs that come with basis of previously existing conditions, means possible to keep the Affordable Care being our own bosses. We enjoy the freedoms meaning that I will most likely be uninsur- Act from getting repealed. of self-employment, and take seriously the I also have a 19-year old college freshman able. What will happen then? Will we go extra burden that society imposes on us, in- and a 17-year old high school senior. While bankrupt? Will we lose our home? How will I cluding making our own Social Security pay- they do not have the same health issues as cope without my medications when we can ments, contributing to Medicare, and buying their brother, we all know how that can no longer afford to pay for them? health care on the individual market, some- The passage of the ACA did more to shore change in an instant. The repeal of the Af- thing we have done our entire adult lives. up our little family than any other piece of fordable Care Act will also have con- When the Affordable Care Act was passed, legislation in my lifetime. It has enabled me sequences for them down the line. we were thrilled. For the first time, we had to face my grave illness without worrying I guarantee, Christine, I will be here adequate coverage for our family. Our whether cost would be a factor in my treat- to fight for you, to fight for keeping deductibles shrank. We lost the dreaded co- ment or whether I could try the next medica- the Affordable Care Act for you and for insurance provision and began to think that tion my doctors prescribed to relieve my families like yours. we could prepare financially should we face pain. Denise from southeastern Massachu- the worst. In sharing our story on social media, I setts wrote to me about how her family Or so we believed. have been overwhelmed by the outpouring of Our difficulties began in late 2014, when I concern from our tiny community of theater is fighting cancer. Here is what she was diagnosed with breast cancer. Over the professionals. The President of the Drama- said: weeks that followed, I endured 5 surgeries, tists’ Guild, a professional association for We are family of four, with three cancer including a unilateral mastectomy and re- theatre artists, called me to offer the assist- survivors. My husband is a childhood cancer construction. Almost immediately after, I ance of their Emergency Fund should we survivor who is now fighting a blood disorder began to experience complications. Since need it. And while it is heartwarming to re- and is a patient at Dana Farber. I am a then, I’ve come to learn that I was having a ceive the support of my professional commu- three-time cancer survivor. Having been di- reaction to the silicone implant used in my nity, the hard truth is that even the most agnosed with breast cancer at age 42 (with no reconstruction and that was just the early doggedly determined not-for-profits can’t family history), I have since had two stage of a complex autoimmune condition possibly replace the broad social safety net recurrences. that still lacks a name. of the Federal government—a safety net Re- I have had radiation, five years of Back then, all I knew was that I was publicans are determined to shred. tamoxifen therapy, a bilateral mastectomy, wracked with constant, severe pain. I lost In every industrialized country but ours, and reconstruction. My reconstruction has the ability to walk. I could no longer think health care is considered an inalienable been difficult, with five surgeries within 18 straight and I lost sight in my right eye. human right. It is abhorrent to claim that

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.089 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1040 CONGRESSIONAL RECORD — SENATE February 9, 2017 care is something Americans should have to I am postdoctoral fellow at MIT, and I patient treatment, and I had been in therapy ‘‘shop for.’’ Price-comparison shopping may have a pre-existing condition. In 2012, during for 4 years. seem like a wonderful market-driven design, my second year of grad school, I started hav- Due to Massachusetts law, I was still cov- but in reality it forces us to confront the ter- ing debilitating pain in my abdomen. The ered by my parent’s insurance, but the Mas- rifying arithmetic of balancing how much pain was so bad I couldn’t eat or sleep, and sachusetts health care reform didn’t stop in- care we need against what we can afford. The I lost 30 pounds over two months. The pain surance companies from imposing lifetime sicker one grows, the harder it becomes to was so bad I couldn’t wait the full 3 months limits. At 18 years old, fighting for my life, solve that equation. to see a specialist, and I went to the ER and I overheard my parents discussing lifetime We have no idea what the Republicans in- finally got a diagnosis for an autoimmune limits in regard to my health care. I don’t tend by way of a replacement to the ACA. disease and began treatment. know how much all that treatment cost, or They refuse to specify, despite their years of However, my condition was so advanced how much of my lifetime limit I had con- claiming that the ACA is a failure. They talk that a little over a year later I needed an sumed. For the next 7 years, I was in and out of expanding Health Savings Accounts emergency surgery while I was visiting fam- of treatment at various levels. (HSAs), though such accounts represent ily out of state. I spent six nights in the hos- Mr. President, I ask unanimous con- nothing but a disingenuous transfer of the pital and rang up a bill in excess of $50,000. cost to the consumer. Even if such an ap- sent to extend my time by 10 minutes, Luckily, I was 25 and still on my parent’s in- if I might, to finish my stories. proach made sense, how far would $6,750 (the surance. Additionally, I was doubly insured current HSA limit) go in meeting actual by the student health insurance from the The PRESIDING OFFICER (Mr. health care costs? That amount would be University of California, for which I was JOHNSON). Without objection, it is so wiped out after a single visit to the emer- automatically enrolled through my graduate ordered. gency room. program. Other than a $200 deductible, my Ms. WARREN. Thank you. What’s more, where do they expect sick hospital bill was paid in full. In 2014, when I had my own health care, I Americans—those fighting for their lives and Now that I have a chronic illness, having had a bad relapse. For the first time I was unable to work precisely because of their ill- quality healthcare and regular checkups is paying for my own treatment. I had health nesses—to suddenly uncover $6,750 to sink vital to staying healthy and productive. My insurance through my employer that was into a tax-sheltered HSA? medication, Humira, costs $5,000 a month really good, but even with that, for 1 month Clearly, this idea has been put forward by out-of-pocket, which was more than double people who do not depend on their health in- of residential treatment, 1 month of day my grad school stipend. With insurance, I surance for their very lives. They pretend treatment, and 3 months of intensive out- only pay $25 a month. Though surgery helped that this sort of thing will save ‘‘our sys- patient, plus therapy, a nutritionist, a psy- me tame the inflation in my intestines, my tem,’’ but their proposal is like offering a pa- chiatrist and medication—all crucial to my disease began to express itself as arthritis in tient an Advil for an amputation—laughably recovery—my out-of-pocket health care my joints. The pain was so bad that one inadequate at best; an utter horror at worst. costs reached almost $10,000. What’s more, efforts like the expansion of Christmas I canceled my trip home to see my These days, I am much more stable and Medicaid under the ACA have already saved family and spent the whole time alone on my have remained in relatively good health, but us. Or many of us. Certainly me, in any case. couch. I had a bad reaction to some of the all because of the continued support I get A Republican friend wrote me recently, vent- medications and became so severely anemic from my therapist, psychiatrist, and doctor. ing about the ‘‘third-world’’ coverage Med- that I needed a blood transfusion. Addition- I can only imagine how much money has icaid provides. What he had to say was igno- ally, one of the medications I take causes se- been spent and how close I’d be to my life- rant and false. Medicaid isn’t failing. To the vere birth defects. So I needed an IUD to pre- time limit if those were still in place. And of contrary, it has saved my life and the lives vent pregnancy. course, all that adds up to being a ‘‘pre-exist- of many others who have simply had the Easily, all these conditions could become ing’’ condition. misfortune of falling ill. And isn’t that, after overwhelmingly expensive. But with my stu- The simple fact is that I would most likely all, one of the primary functions of govern- dent health insurance through the Univer- be dead today were it were not for the pro- ment? To care for its citizens and return sity of California, I could afford it. The pre- tections provided by the ACA, and if I lose them to the ranks of the healthy and produc- mium was $300 per month, part of which was those protections, if I have another relapse, tive? covered by the university. My medications I will either end up dead or unemployed and We have no idea what the year ahead holds cost $110 a month, and I had a yearly out-of- mired in debt. for us. It is likely we will face health pre- pocket maximum of $2,000. While I didn’t get Samantha, thank you for writing. miums of $24,000 or more for a low-level plan. my insurance through the exchanges, the Thank you for fighting. That is why we Our premiums will consume 30% of our in- other conditions of the ACA which determine are on the floor of the Senate tonight, come, more than our mortgage. Despite the minimum quality of care made it pos- MassHealth, we shelled out nearly $15,000 for sible for my care to be affordable. to continue to fight for the Affordable uncovered medical expenses in 2016, and we By having proper treatment and care, I can Care Act and to continue to fight are already on track to surpass that number be a productive member of society. I have re- against cuts to Medicare and Medicaid. this year. On top of everything else, this is ceived my PhD in Applied Mathematics and This is what is at stake for families in the year our daughter starts college. I’m not my research contributes to the design of Massachusetts. the typical Medicaid patient that people medical devices that can be used for cancer As Jennifer said in her letter: This is seem so fond of demonizing, nor am I some screening. I am able to mentor young girls us. This is now, and this is real. Con- poster child of the ACA. I am simply one of and encourage them to study math and gressman PRICE wants to cut more the countless individuals whose story does science. And who knows—one of them may not fit the narrative the Republicans are at- cure cancer one day! Since I am no longer in than $1 trillion from Medicare and tempting to feed us about the ACA and about pain and I am not in debt, I was able to find Medicaid. But I am not giving up, be- what it means to be sick in America. Med- a prestigious job after graduation. When a cause I am here to fight for Lee and icaid is on the chopping block not because it state provides for the health of its people, Meg and Jill and Marika’s baby Jack. is failing, but because the people who benefit they can thrive at home and at work. It is Congressman PRICE wants to rip up from it too often fail to speak up on their not only the moral choice, but also a good the behavioral health protections in own behalf. Their silence has nothing do choice for the economy. the Affordable Care Act. But I am not with a lack of will or words. They are simply Kaitlyn, thanks for writing and giving up, because I am here to fight too busy struggling to survive. Medicaid benefits our poorest, yet it also thanks for being one of the big success for Christine’s son and Jackie and assists those slightly higher on the income stories under the Affordable Care Act. Samantha. ladder—people like me who would vastly pre- This is what we are fighting for to- Congressman PRICE wants to get rid fer to be thriving without it. Many more peo- night. of the ACA’s ban on discriminating ple than you suspect have turned to it in a I also heard from a young woman in against individuals with preexisting time of need. They aren’t merely characters Somerville named Samantha. Here is conditions. But I am not giving up, be- in some musical or play. Trust me, I know. what she wrote: cause I am here to fight for Jenny and They are your friends and neighbors. They are families whose lives have been unended I’ve been dealing with severe mental Kaitlyn and Olivia and Denise and Jen- by illness. This is what happened to my fam- health issues since I was a kid. I am now 27. nifer. ily. And, with a single diagnosis, it could be In that time, I have been through numerous I will fight for every one of them and your family too. hospitalizations, residential treatment, day for the tens of millions of people who Thank you. Thank you for writing. treatment, intensive outpatient treatment, are counting on Medicare and who are and outpatient treatment. in need of Medicaid to pay nursing This is why we are here to fight. When I was 18, I had to drop out of college I also heard from Kaitlyn, from Cam- and spent 3 months in residential treatment home bills and to help with home bridge, who said the ACA has allowed for my eating disorder. The year prior, I health care for people with disabilities her to continue pursuing her spent 2 months in residential treatment and and who need that Medicaid money for postdoctoral research. She says: 6 months between day and intensive out- children with serious problems. I will

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.090 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1041 fight for every one of them. Where are wasn’t an ambush interview with some know it by giving seniors inadequate three Republicans who will do the right reporter who caught him off-guard. vouchers to purchase private health in- thing and fight alongside me? That is This was one of the centerpieces of his surance. what tonight is all about. campaign for President. And I think In 2009, Congressman PRICE said, and I yield the floor. whether you are a Republican or a I quote—and I hope people listen to The PRESIDING OFFICER. The Sen- Democrat or Independent or whatever this quote and try to ask yourselves: ator from Vermont. you are, you will acknowledge that Mr. How could somebody who ran on a Mr. SANDERS. Mr. President, I rise Trump said: I am not a conventional campaign of not cutting Medicare ap- in strong opposition to the nomination Republican. I am going to do it dif- point this gentleman to be Secretary of of Congressman TOM PRICE to be the ferently. Everybody else, all the Re- Health and Human Services? This is next Secretary of Health and Human publicans, they want to cut Social Se- what Congressman PRICE said: Services. My opposition to Mr. PRICE curity, Medicare, and Medicaid. And he Nothing has had a greater negative effect has less to do with his well-known, ex- is absolutely right. They do. But he on the delivery of health care than the Fed- treme, rightwing economic views than made a promise to the American people eral Government’s intrusion into medicine it has to do with the hypocrisy and dis- that he would be different, that he through Medicare. . . . We will not rest until honesty of President Trump. would not cut Social Security, Medi- we make certain that government-run health care is ended. The simple truth is, Congressman care, and Medicaid. PRICE’s record is the exact opposite of President Trump sends out tweets Now, how does that tally with Can- what President Trump promised to every single day, but the American didate Donald Trump saying: I will not working families and for senior citi- people are waiting, are still waiting for cut Medicare and Medicaid. zens all over this country. If President that one tweet which says: I will keep We don’t need an HHS Secretary who Trump had run his campaign for Presi- my promise. I will not cut Social Secu- will end Medicare as we know it. We dent by saying: OK, Americans, I am rity, Medicare, and Medicaid, and if need an HHS Secretary who will pro- going to cut Social Security, and I am Republicans give me legislation to do tect and expand Medicare. The idea of going to cut Medicare, and I am going that, I will veto that legislation. this voucher program, of ending Medi- to cut Medicaid, and I am going to put In fact, the President could save us care as we know it, as a defined benefit together a Cabinet that will do just all a whole lot of time if he would get plan and converting it into a voucher that, I think Congressman PRICE would on the phone now with the Republicans plan, not only contradicts what Can- have been the perfect candidate for in the House and some here in the Sen- didate Donald Trump said, but it will Secretary of HHS, but that is not the ate and say: Hey, save your efforts. be a disaster for millions of seniors. kind of campaign Donald Trump ran. Don’t waste your time because if you Right now, if you are a senior and He ran a campaign in which he said bring me legislation that will cut So- you are diagnosed with a serious and over and over again: I am a different cial Security, cut Medicare, cut Med- costly illness, you have the comfort of type of Republican. I am not going to icaid, I am going to veto it. knowing that Medicare will be there cut Social Security, I am not going to If President Trump sent that tweet, throughout your illness. It will pay cut Medicare, and I am not going to it would save us all a whole lot of time your bills. cut Medicaid. Yet he has nominated in- but, more importantly, it would tell The Republican plan, led by Con- dividuals like Congressman PRICE, who millions of seniors who today cannot gressman PAUL RYAN, has a very dif- have spent their entire career doing make it on $13, $14, $15,000 a year in So- ferent approach, and what that plan is the exact opposite of what Donald cial Security that he will not make about is a voucher plan which says that Trump promised the American people their lives more difficult. He will tell we will end Medicare as we know it. We he would do. seniors who are struggling with dif- will give seniors a voucher of an unde- If Mr. Trump had said: I want to pre- ficult, painful, costly illnesses that he termined amount—the last number I vent the American people from getting is not going to devastate Medicare. heard was $8,000; it may go up, it may low-cost prescription drugs from Can- He will tell low-income people who be lower—and give that check to a sen- ada, and I want to continue to prohibit are trying to survive on minimum in- ior who then goes out into the private Medicare from negotiating for lower comes that he will not take away the insurance market looking for the best drug prices, Congressman PRICE would health insurance they have through policy that he or she can get. have been a great choice, but that is Medicaid, and he will tell middle-class I would like the American people to not what Donald Trump said during his families and working-class families think for a moment what kind of pol- campaign. that, no, they do not have to worry icy an 80-year-old person who is strug- This is what President Trump said. that their parents can remain in nurs- gling with cancer and who has a check During the campaign on May 7, 2015, ing homes and have those bills paid by for $8,000 can get. The answer is, when Mr. Trump tweeted: Medicaid. you go into a private insurance com- I was the first and only GOP candidate to What I think the American people pany. state there will be no cuts to Social Secu- are worried about is not just that Mr. Also, if the Republicans are success- rity, Medicare, and Medicaid. Trump has not yet sent out that tweet. ful in doing away with the Affordable On August 10, 2015, Mr. Trump said: We did get a tweet about Arnold Care Act and the patient protections [I will] save Medicare, Medicaid, and Social Schwarzenegger and how well he is within the Affordable Care Act, includ- Security without cuts. doing on his TV show—we got several ing a ban on the insurance companies’ Without cuts. tweets about that—but we did not get ability not to insure you if you have a [We] have to do it. . . . People have been the tweet that tells seniors and work- preexisting condition—now let’s as- paying in for years, and now many of these ing people they do not have to worry sume they got rid of that. candidates want to cut it. about their future; that this President Now you are 80 years old. You walk On November 3, 2015, Mr. Trump said: was not lying but was telling the truth into an insurance company, and you I’ll save Social Security. I’ll save Medi- when he said he will not cut Social Se- say: I have been diagnosed with cancer, care. . . . People love Medicare. . . . I am not curity, Medicare, and Medicaid. and here is my check for $8,000. going to cut it. The problem is, President Trump has The insurance agent looks at you and On May 21, 2015, Mr. Trump tweeted: nominated people like Congressman says: Are you kidding? Don’t be absurd. I am going to save Social Security without PRICE whose views are absolutely con- Why would we cover you? What do you any cuts. I know where to get the money tradictory to what he campaigned on. think we are going to give you for from. Nobody else does. So why would you appoint somebody $8,000 when you are about to run up On January 24, 2015, Mr. Trump said: whose views run exactly opposite to some enormous health care costs re- I’m not a cutter. I’ll probably be the only what you told the American people lated to cancer? You are going to be in Republican that doesn’t want to cut Social during your campaign? the hospital. You are going to undergo Security. The truth is, in the House of Rep- all kinds of treatment. You are going Mr. Trump did not make these state- resentatives, Congressman PRICE has to need expensive drugs, and you ex- ments in the middle of the night. It led the effort to end Medicare as we pect us to take you with an $8,000

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.092 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1042 CONGRESSIONAL RECORD — SENATE February 9, 2017 check. How are we going to make any drugs. One out of five Americans be- pay a certain amount for a drug. And money out of you? Because that is tween 18 and 65 cannot afford to fill the by the way, of course, we don’t know what our job is. We are an insurance prescriptions that their doctors write what that amount is that you are pay- company. We don’t care about health for them. The numbers go down after 65 ing; that is secret. If you are Medicare, care. We care about making money. because of Medicare Part D. But can you will pay a different amount. If you That is our function. We don’t make you imagine living in a nation where are the Veterans’ Administration, you money on $8,000 for taking care of one out of five people cannot afford to will pay a different amount than Medi- somebody who is 80 years of age who fill the prescriptions their doctors care. And if you are Medicaid, you will has cancer. Furthermore, because the write? pay a different amount than Medicare Republicans got rid of the law pro- Mr. Trump campaigned on taking on or the Veterans’ Administration. We tecting people with preexisting condi- the pharmaceutical industry. Well, the have a situation today where by law tions, we don’t even have to take you. record of Congressman PRICE is very the Veterans’ Administration is able to Or maybe we will take you, but you are different from the rhetoric that Can- negotiate drug prices with the pharma- going to have to add another $10,000 on didate Donald Trump used during his ceutical industry. Today we have a sit- top of that $8,000 because that is the campaign. uation where Medicaid, by law, is guar- only way we make money. So I eagerly await Mr. Trump’s state- anteed a significant rebate over list Oh, by the way, also, so there is no ment—he can do it through a tweet; price. But in terms of Medicare, which confusion, they want to raise the re- that would be fine with me—that says spends over $4 billion a year for pre- tirement age to make sure you keep he will support concrete legislation scription drugs, a number of years ago working until 67 years of age. that some of us are going to be offering Republicans insisted that Medicare So not only is that a disaster, but very shortly which does two funda- would not be able to negotiate drug maybe in a deeper sense, if we take de- mental things that will substantially prices with the pharmaceutical indus- mocracy seriously, if we think can- lower prescription drug costs in Amer- try. didates should run for office based on ica today. President Trump has indicated in what they really believe, all of that No. 1, at a time when you can buy vague language that perhaps he would stuff is a direct contradiction to what many medicines for far less cost in support the ability of Medicare to ne- Candidate Donald Trump talked about. Canada or in many other countries gotiate prices with the pharmaceutical I have heard many Republicans say: around the world, at a time when we industry. Given all of the tweets he has Look, what he was talking about was have free trade agreements so that the sent out on so many subjects, I would really absurd. It was ridiculous. Of lettuce and tomatoes you are having hope that he has the time to send out course we are not going to do that. dinner can come from Mexico or Latin a very simple tweet which says: If Con- Well, then, that takes us to a whole America or anyplace all over the world, gress passes legislation allowing Medi- other discussion: What does it mean if the fish you eat can come from any- care to negotiate drug prices with the you have a candidate who runs for of- place all over the world, we will intro- pharmaceutical industry, I will sign fice who simply lies to the American duce legislation that says that individ- that bill. That tweet will have a pro- people and really doesn’t mean any- uals, pharmacists, and prescription found impact on taxpayers because we thing he says? drug distributors will be able to pur- can save very substantial sums of I have no problems getting up and de- chase lower cost medicine in Canada money, and it will also result in low- bating or disagreeing with my col- and eventually in other countries ering the cost of prescription drugs. leagues who have a very conservative around the world. Unfortunately, once again Congress- point of view. That is their point of Mr. Trump—President Trump had man PRICE is coming from a different view. This is a democracy, and we have talked during his campaign about tak- place than Candidate Trump came different perspectives. And many of ing on the pharmaceutical industry. I from—again, that contradiction of a those candidates ran on positions. hope very much that he will at least President appointing somebody whose They were honest enough to say: Hey, keep his word on that issue and that he views are diametrically opposed to the if you elect me, I think we have to cut will join us in supporting legislation to views he raised during the campaign. Social Security, and they gave their allow for the reimportation of brand- I think the American people are reasons. I think we have to cut Medi- name prescription drugs from Canada growing increasingly concerned about care; they gave their reasons. I think and many other countries around the the contradictions in general, not just we have to cut Medicaid; they gave world. If he is prepared to do that, we on health care, of what Candidate their reasons. I think we have to give will pass it. We will pass it because Trump said and what President Trump huge tax breaks to billionaire; they there are a number of Republicans who is doing. During the course of his cam- gave their reasons. support it, and the vast majority of paign, not only did Candidate Trump Well, for some reason or another, the Democrats support it. We have the say he would not cut Social Security or people in their State elected them. votes to pass it, and if President Medicare or Medicaid, he also said that That is fine. It is called democracy. Trump signs that bill, we will go a long he thought Wall Street was causing all But that is not what Donald Trump way in ending the burden that so many kinds of problems and that you can’t did as a candidate. So I rise in opposi- elderly people and working people and clean up the swamp by bringing people tion to Congressman PRICE becoming people with chronic illnesses are facing in who are a part of the swamp, in so Secretary of HHS because his appoint- today, and that is the outrageously many words. You can’t bring people in ment would go in diametrical opposi- high cost of prescription drugs. to clean up the problem who have tion to what Candidate Donald Trump By the way, this huge increase in caused the problem in the first place. told the American people. I think that prescription drug costs takes place at a And you know what, he is exactly is a bad thing for democracy. If you time when, in 2015, the five largest right. He is exactly right. You can’t run for office, keep your word, you pharmaceutical companies in this bring in people whose greed and reck- know? Do what you told the American country made $50 billion in profit—$50 lessness and illegal behavior on Wall people you would do. The profound dis- billion in profit in 2015—yet one out of Street caused us the worst economic gust so many millions of people feel for five Americans under 65 cannot afford downturn in modern history of this the American political process is not the medicine they need. The top 10 country. You can’t bring those people just of what we believe, it is that we CEOs or executives in the pharma- in and then say: We are going to solve don’t keep our word, the promises we ceutical industry that year made over the problem that Wall Street caused. make to them, and this is exactly $300 million in salary. But in an exactly similar way to where Donald Trump is today. Passing reimportation is one mecha- what he has done with the Secretary of Let me touch on another area where nism to lower the cost of prescription Health and Human Services, he is I think President Trump has not been drugs, but it is not the only one. We bringing in top Wall Street executives. clear with the American people, and have a totally insane prescription drug His main financial adviser comes from that is, we pay today by far the highest pricing system in America right now. If Goldman Sachs, one of the largest fi- prices in the world for prescription you are Kaiser Permanente, you will nancial institutions in this country, a

VerDate Sep 11 2014 06:16 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.094 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1043 financial institution that required a ready rely on publicly funded health sured rate by a massive 34 percent, re- multibillion-dollar bailout from the clinics like Planned Parenthood for sulting in 110,000 Connecticut residents taxpayers, an institution whose illegal contraception. Without guaranteed ac- gaining coverage. Many of my con- behavior caused them to have to pay a cess to birth control, without cost- stituents have felt emphatic about— $5 billion fine to the Federal Govern- sharing, this number will certainly and have told me so—exactly how the ment. Those are the people he is bring- climb. Affordable Care Act has changed their ing in to regulate, to take on Wall It isn’t hard to see why, despite the lives and their family’s lives for the Street. He is bringing Wall Street ex- lonely opposition of Representative better. ecutives who caused the worst finan- PRICE and the Republican Party, 70 Representative PRICE refuses to guar- cial crisis in modern history of this percent of Americans support a birth antee that these families will be cov- country to take on Wall Street. Well, I control benefit. Representative PRICE ered following repeal. So I hope he don’t think most Americans believe callously asked to see one woman who hears their stories and understands that. couldn’t afford birth control, one what the Affordable Care Act means to So, Mr. President, let me close by woman who was left behind. If he is them and the millions of other Ameri- saying that I hope that tonight the confirmed and if the policies he vigor- cans whom he chooses not to see, not Senate stands up for the American peo- ously supports are enacted, he will see to hear, not to know exist. ple, demands that President Trump millions without necessary health care Representative PRICE refuses to guar- keep the campaign promises he made, and particularly birth control. antee that these families will be cov- and that we reject the nomination of As many know, Representative ered. For example, I point to a woman Congressman PRICE to be the next Sec- PRICE’s attempt to defund Planned in Connecticut named Colleen who told retary of Health and Human Services. Parenthood means more than just los- me that before the ACA was passed, her With that, Mr. President, I yield the ing access to birth control; it means medications alone cost $250,000 each floor. cutting off preventive care, cancer year. That is a quarter of a million dol- The PRESIDING OFFICER. The Sen- screenings, and STD testing for mil- lars. Thanks to this law, she has af- ator from Connecticut. lions of low-income women. The fordable care, no lifetime limits, and Mr. BLUMENTHAL. Mr. President, I women who get their care from knows she will not be a victim of dis- am very honored to follow my distin- Planned Parenthood seek what all of us crimination or denied coverage of her guished colleague from Vermont on want, what all of us should have a right preexisting condition. Colleen said the issues that he has worked so long and to receive—trusted, compassionate, Affordable Care Act has been the dif- so hard and so well, and that is health and medically sound health care. Rep- ference for her between life and death. care for our Nation and focusing on the resentative PRICE’s politically moti- I have also heard from a father whose fight for women’s health, for access to vated tax on Planned Parenthood put daughter has a chronic illness. He affordable care for all Americans, and this care, and their lives, at risk. asked that I emphasize to all of you, for a Cabinet truly free of conflict and Clearly, Representative PRICE is one my colleagues, that health insurance is corruption—a cause that we share in of the most extreme Members of his ‘‘not a luxury, but a necessity’’ for his opposing TOM PRICE as the Secretary of party on issues of women’s health, and family. His daughter represents one of the Department of Health and Human that includes his views on women’s re- the 1.5 million people in Connecticut Services. productive rights—a woman’s right to who are now protected from discrimi- What is so painfully apparent to him choose. He has supported radical legis- nation based on preexisting conditions, and me and many of our colleagues is lation that would ban virtually all safe thanks to the Affordable Care Act. that Representative PRICE’s nomina- abortions and even some forms of birth I have heard from a retired pastor tion is a doubling down of the ongoing control, which, in essence, would send who counts on the Affordable Care Act blatant attack on women’s health by our country back to a time when for coverage, a farmer who fears for his his administration. His radical anti- women died because the care they family’s health after repeal, a young choice policies, antiquated views on re- needed was outlawed. It was made un- woman who was able to start her own productive health, and demands to re- lawful; it was banned. That time has business because of the assurances peal the women’s health provisions of gone. We do not want it to come again. promised by health reform, and a vet- the Affordable Care Act disqualify him Simply put, Representative PRICE’s eran who is scared for his wife. from serving as the next Secretary of anti-choice views are not only ill-in- Representative PRICE cannot promise Health and Human Services. formed and unconstitutional, but they that these people will keep their cov- Before the ACA was signed into law, are downright dangerous. erage, and he has said that outlawing being a woman meant higher health Representative PRICE has also shown discrimination because of preexisting care costs for simply being a woman. It remarkable indifference to the con- conditions is ‘‘a terrible idea.’’ He is estimated that this discrimination cerns of the millions who will see their thinks it is a terrible idea to outlaw cost them about $1 billion more every health insurance disappear—vanish— preexisting conditions. I saw the ef- year. They had to pay higher costs sim- following repeal of the Affordable Care fects of preexisting conditions year ply because they were women. Act, if that disgrace should occur. For after year when I was attorney general, Representative PRICE has been clar- millions, the Affordable Care Act has and I went to bat and fought for people ion clear about where he stands on this been the difference between seeing a who were denied health care because issue, with his policy effectively elimi- doctor at the first signs of disease and their insurance companies told them nating important protections against waiting until treatment is no longer an that health care isn’t to take care of a discrimination that were guaranteed option. It has been the difference be- preexisting condition not covered by under the Affordable Care Act. Under tween financial security and bank- their policy. His proposals do not ex- Representative PRICE’s reckless pro- ruptcy. Much of the bankruptcy in the pand access to affordable care, and posal, all women, including healthy United States of America has to do they do not protect patients. women, could see their insurance costs with medical costs. Representative PRICE’s nomination is rise—and rise astronomically. His plan For many, it has been the dif- wrong for the people of Connecticut also means guaranteed coverage of ma- ference—no exaggeration—between life and for the people of this Nation. ternity care services could be lost. It and death. Representative PRICE’s plans would means well-woman visits, birth con- The numbers support this point, also do away with the expansion of trol, domestic violence screening, and whether or not Representative PRICE Medicaid under the Affordable Care breastfeeding support—all provided wants to believe them. Since the pas- Act, disrupting the lives and health of now without any out-of-pocket costs— sage of the Affordable Care Act in 2010, nearly 15 million Americans. This would be lost. The simple truth is, with the percentage of uninsured Americans would leave so many people without Representative PRICE’s policies, many is the lowest it has been in 50 years or access to preventive care, lifesaving women will go without necessary care. more. The positive impact of this law medications, and necessary medical More than a quarter of all women is felt every single day in the State of interventions. This is simply unaccept- and 44 percent of low-income women al- Connecticut. It has reduced our unin- able and cannot be the policies of the

VerDate Sep 11 2014 06:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.096 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1044 CONGRESSIONAL RECORD — SENATE February 9, 2017 Secretary of Health and Human Serv- want to take a moment again to really she [actually] learns her job, Oveta ices. give my gratitude to the staff. A lot of Hobby may trim her week to just 70 In fact, instead of expansion, Rep- folks go into making the Senate work. hours.’’ This was someone who went resentative PRICE wants to block-grant We can see a lot of them down here. I out there as an agent of the govern- Medicaid and cap the program, result- can’t imagine the days that they have ment to lift up the welfare of all of our ing in higher costs, less coverage, and been pulling, as we have been pulling citizenry, the health and well-being of devastation for millions of Americans, long nights. Many of them get here everyone, again pushing toward those half of them children who rely on this early in the morning and they go a ideals. program. long way. So I want to thank them, In the United States, we really do be- In Connecticut, we have been hit from the stenographers to many of the lieve in this idea of life, liberty, and hard by the opioid addiction epidemic. Senate staff who make it work. the pursuit of happiness, freedom from It is a national scourge, a public health I also want to thank the pages again. deprivation, freedom from illness, the crisis, and we have relied heavily on These are young folks who have to belief that we can have life and have it Medicaid to fill the gaps. At a time carry a full load of classes and course more abundantly. To Secretary Hobby, when this epidemic needs more re- work—hard stuff. I don’t understand this was her duty to her country— sources, not less, Representative PRICE why they haven’t come to me to help someone, again, who served valiantly would work to strip that away, leaving them with their calculus homework. in World War II. In the collection of papers from Sec- people who rely on Medicaid without But the reality is they are working a retary Hobby’s lifetime, Rice Univer- treatment. full class load of courses as well as sity includes that she was a great hu- His plan for our Nation’s seniors is being here with us around the clock. manitarian and that she believed there just as dismal. He champions They probably aren’t caught by cam- was a role—a ‘‘common thread,’’ to use privatizing Medicare by turning it into eras. They aren’t even getting C–SPAN her words—to service to her country a voucher system and ending the prom- glory. But your presence here really toward the empowerment of health for ise of guaranteed health benefits. means a lot, and I am grateful for that Giving seniors a fixed amount of all. She set a standard, a powerful as well. funds to buy health insurance would standard, as the first Secretary of I rise specifically to speak about the result in high premiums, increased out- Health for the greater good that we, President’s nomination of Congress- of-pocket costs for seniors, many of acting collectively, could do to ensure man PRICE to be his Secretary of them already on a fixed income. And the health and well-being of our Na- Health and Human Services. tion. for many Americans, Representative I want to take a step back and talk PRICE may mean the difference be- In fact, it was an understanding from about the profound history that the tween being able to purchase lifesaving President Dwight D. Eisenhower all the United States of America has in terms medications and putting food on the way down to Secretary Hobby that if of our bringing together the resources table or heating their homes. we ensure people’s health and access to Finally, like many of my col- of this country to combat public health health care, it is not just an individual crises. We have a country where every leagues—and Senator SANDERS made concern, but actually, societally, we this point so well—I have serious con- generation has been able to step up and become better and we become stronger. take on things that threaten the com- cerns over Representative PRICE’s po- The healthier all children are, the tential conflicts of interest. Having re- mon health. more likely they are to go out there There was a time in this Nation when peatedly purchased stock in health and compete. If you are battling sick- we had actual child death rates that care and pharmaceutical companies ness, it undermines your economic were tragically high, and that for an that would directly benefit from his well-being. In the world of infectious industrializing nation, our water, the legislative efforts and advocacy on the diseases, the words of Martin Luther quality of our milk, women dying in company’s behalf, he nonetheless made King are true: Injustice anywhere is a child birth, and children dying was a those investments and kept them. threat to justice everywhere; in fact, In the face of these allegations, Rep- common thing. But we had this bold an illness somewhere is the threat of understanding that in America, a Na- resentative PRICE has simply refused to an illness to people everywhere. This provide information that could dis- tion that believes in life, liberty, and was the brilliance of Republican Presi- prove violations, which has led many the pursuit of happiness, the common dent Dwight D. Eisenhower, and it is Americans to question whether Rep- health is important. And we took steps how this great Department began, set- resentative PRICE will truly put their that, frankly, in a booming industrial ting the standard, understanding that best interests before crony capitalism. economy, the private sector couldn’t in many ways we are all in this to- The American people know better. do. We took steps to protect the public gether when it comes to our health. These potential conflicts of interest health, and we made great strides. So for me, this is another point in and views on the Affordable Care Act, It was a Republican President, actu- history. It is a challenge to us as to Medicaid, and Medicare are out of ally, in 1953, Dwight D. Eisenhower, who we will be as a Nation. Will we touch and out of line with what Ameri- who actually created what was then a continue to be a country that believes, cans want and our Nation needs. We version of what is now the Department as a fundamental birthright in the should be building on the success of of Health and Human Services. Specifi- richest Nation on the Planet Earth, these programs, not tearing them cally, it was called the Department of that everyone can access the highest down, and we should be working with Health, Education, and Welfare. quality health care, the best access to one another to improve the health of Now, the very first Secretary was a quality doctors with wide avenues to all Americans, not fostering divisions. woman, and her name was Colonel pursue the rich abundance of life be- Oveta Hobby. She had served as the di- Sadly, Representative PRICE’s views cause we have the best health care sys- and policies make this very attainable rector of the Women’s Army Auxiliary tem on the Planet Earth? goal really impossible. Simply put, his Corps during the Second World War. I actually was happy to hear Presi- proposals are dangerous, they are dis- She was, in my just great reverence, dent Trump on the campaign trail talk graceful, and they are disqualifying. someone who served and fought for specifically about this issue, tell us we I cannot vote for Representative health and safety and security during were going to have a health care sys- PRICE to lead the Department of Health World War II. tem better than the one we have now, and Human Services. I will oppose his As Secretary, Secretary Hobby had specifically calling it ObamaCare; that nomination and I urge my colleagues an expansive and expanding role. It was we were going to have one that is to do the same. a demanding role. She was coordi- amazing, one that is going to be cov- Thank you, Mr. President. nating the distribution of polio vac- ering more people. I think the word I yield the floor. cine, overseeing countrywide hospital that was used was ‘‘terrific’’; it was The PRESIDING OFFICER. The Sen- expansions, overseeing Social Security going to be terrific. He specifically ator from New Jersey. and the Federal education policy. She spoke about some of the bedrock ele- Mr. BOOKER. Mr. President, we have had a huge role, one that was so full ments of our current health care sys- had a lot of long nights here, and I just that one newspaper joked that ‘‘when tem that Republicans and Democrats

VerDate Sep 11 2014 06:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.097 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1045 both agree are things we want to pre- are calling for ethics investigations be- history where this isn’t arguing over serve, protect, and in fact make better. cause his personal financial interests opinion; these are facts about what He specifically talked about Medicare clearly have been in conflict. In fact, Congressman PRICE has done. If he and Medicaid, defending them: They he seems to be building a career as a were successful in any of those eight wouldn’t be taken away; they wouldn’t Congressman working on health policy attempts to rip down the Affordable be undermined; people wouldn’t be on one hand while building a fortune Care Act, we now know objectively kicked off. trading health stocks directly related from organizations like the inde- So with this excitement, hearing to that work. This is a man who is so pendent Congressional Budget Office that we have a President committed to conflicted, a man who is so contrary to that it would mean 18 million people these ideals, creating a terrific health what our President says he believes, a losing their health insurance in the care system, we stand on this history man who has been leading the charge first year alone, 32 million of our fellow in our country where we know our to take our health care back in an af- Americans by 2026. Objectively, there greatness, and it is an affront if we front to the ideals that literally stem would be increases in premiums in the don’t have a system that takes care of from the founding history of our De- market by 20 to 25 percent; 4.4 million our most valuable natural resources: partment of Health. I cannot support the people of this country and a global, of those Americans who would lose cov- this individual. erage would be children; and 11 million knowledge-based economy. What helps But let me quickly go through some us compete is the quality of our work- of these things. We now have to have of the most vulnerable would lose their force. an honest conversation in our country Medicaid coverage. I am telling you right now, I have about this idea of repealing the Afford- There is a man named Andy Slavitt learned in my professional life that able Care Act without replacing it be- who is a former Acting Administrator when children are sick, they don’t cause objective organizations like the of the Centers for Medicare and Med- learn; when a mother is sick, it throws Congressional Budget Office, conserv- icaid—again, what our President says the whole family into crisis; if someone ative organizations like the American he wants to preserve. He put together a can’t afford their medication, it is not Enterprise Institute, and fellow Repub- list because so many people were call- just a sin to this country’s values, it is lican Senators of mine have acknowl- ing him, writing him: What are going a sin morally. edged that to repeal the Affordable to be the consequences if they repeal So when President Trump nominated Care Act would throw into crisis mil- the Affordable Care Act without re- his person to be Health and Human lions of hard-working Americans who placing it? What are the consequences? Services Secretary, we might imagine have been able to get coverage because And he just went through a list: Small they would reflect the values that he of the health insurance marketplace espoused during his campaign and re- and the Medicaid expansion. Millions businesses, farms, self-employed Amer- flect the values he has talked about as of Americans can now go to a doctor icans represent 20 percent of the cov- President. But instead, he has chosen when they feel sick instead of going to erage of the exchange. These are indi- someone who is diametrically opposed an emergency room. By the way, as a vidual entrepreneurs, many of whom, to the things he says he is for—preser- local mayor—when people use emer- by the way, experience something vation of Medicare. More than this, he gency rooms as their primary care fa- called job lock, where they are afraid has advocated a view on health care cility, it is extraordinarily more expen- to become entrepreneurs because if that unequivocally would take millions sive; it is fiscally irresponsible. they lose their jobs, they lose health of Americans off of health coverage, Because of the ACA, millions more insurance. Twenty percent are covered thrust millions of Americans into eco- Americans can now access basic health by the exchange, and 127 million Amer- nomic crisis, and put the health of and preventive services that can lead icans—127 million Americans—have many millions of Americans in jeop- to lifesaving opportunities that did not preexisting conditions. They would be ardy. Usually people say these things exist before. Millions more Americans put at jeopardy, and insurance compa- hyperbolically, but this is quite clearly have the peace of mind of knowing that nies would be able to deny them cov- a matter of life or death. they are no longer one illness away erage. For years, Congressman PRICE has from financial ruin. Seniors, Medicare beneficiaries, have told us who he is. He has led the charge Let me put up a chart for a second saved $2,000 on prescription drugs be- in the House of Representatives to re- about the history of people having insurance. cause of the ACA—$2,000; 30 million peal the Affordable Care Act and take This is the percentage of uninsured coverage away from millions of Ameri- Americans are on individual policies in the United States—going along, and Medicaid; 2.8 million Americans cans while advocating specifically for about 18 million uninsured. And then the privatization of Medicare and the with drug disorders would lose cov- what happens? The uninsured rate has erage; 1.25 million Americans with gutting of Medicaid. For years, Con- been driven down. Enrollment in the gressman PRICE has advocated for anti- mental health disorders would lose cov- individual market continues to rise but erage—1.25 million Americans with choice, anti-contraception access, anti- has now decreased since 2014. commonsense measures, and supported In late December 2016, Standard & mental health disorders. In other efforts to defund and eliminate proven Poor’s—hardly a Democratic organiza- words, the ACA put mental health care programs like title X family planning, tion, but a market-based organiza- on parity with physical health care. A programs like Planned Parenthood tion—released an incredibly optimistic 42-percent reduction in uninsured rates which, through their Medicare reim- report for the future of the individual for veterans has resulted. He said that bursements, often in many commu- market in the Affordable Care Act. But bad debt—bad debt, bankruptcy—would nities is the only access women have in Congressman PRICE, on the other hand, go up by $1.1 trillion because health their communities for cancer has repeatedly introduced legislation care bills would again be the lead cause screenings or to get contraception. and resolutions to repeal critical ele- in this country of bankruptcy. In other Congressman PRICE has been one of ments or the entirety of the law re- words, before the ACA, the No. 1 reason the loudest voices on tearing down sponsible for these successes without people were declaring bankruptcy was many of the things that now Ameri- any regard for consequences. He has because of medical bills. After the cans overwhelmingly say ‘‘Hey, now done this again and again and again ACA, that can’t happen. There are that we’ve got this, we don’t want to and again, eight times. He authored a steps to prevent that from happening, lose it,’’ whether that is not having in- bill last year that would repeal critical at least to the extent of $1.1 trillion. surance companies dictating to you parts, like the Medicaid expansion pro- whether you get health insurance or vision that has expanded access to care The Medicare trust fund, which has not having pharmaceutical companies for millions, tax credits that would been extended, will have several years ratchet up prices so much that your help millions buy insurance. And Con- reduced off its life expectancy. Tax- lifesaving drugs are out of reach. gressman PRICE has introduced legisla- payers will lose $350 billion added to Then finally, at a time when we can- tion that would fully repeal the Afford- the deficit and $9 trillion would be not afford to have people who have con- able Care Act. added to the debt if it is repealed—2.6 flicts, we have a Congressman right I want to let you all understand that, million jobs lost, especially in commu- now for whom other House Members to me, this is a point in our American nities like rural hospitals, where they

VerDate Sep 11 2014 07:14 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.100 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1046 CONGRESSIONAL RECORD — SENATE February 9, 2017 depend upon the ACA to keep doors Under the Affordable Care Act, we I want to put these words up. This is open and hospitals running. Anyone know that the quality of Medicare cov- what the nominee to Health and who likes free preventive services like erage has improved. The life of the Human Services is saying about one of mammograms and better cancer treat- Medicare trust fund has been extended, the most valued parts of our health ment, preventive services that literally and we have begun to close the gap in care in America. He is saying: ‘‘I can save lives by early detection, gone. prescription drug coverage that too attest that nothing has had a greater Young adults, 3.1 million right now many seniors and people with disabil- negative effect on the delivery of on their parent’s plan because of ex- ities—they know about this. It is health care than the federal govern- tending the years. Women who want to known as a doughnut hole. There is ment’s intrusion into medicine through buy health insurance will pay more more work to do to strengthen Medi- Medicare.’’ than men in premiums because, amaz- care and to make prescription drugs I would like to tell you that is an in- ingly, at times insurance companies more affordable for everyone, including sult to Myra and her husband, millions would be charging you more simply be- our seniors. of American seniors, those on disabil- cause of your gender and 105 million The changes we have done already ities who rely on what he calls an in- people had lifetime limits on what in- have had real positive impacts on the trusion. Someone who is calling for an surance companies pay. daily lives of Americans. Let me read end to a program that millions of This is a list from one of the great another letter from Myra in Americans rely on, that the President experts who knows factually what Willingboro, NJ. She wrote to tell me himself swore that he would do nothing would happen if we were to turn back about the difference that Medicare is to disturb, we are now putting the the clock. Let me drill down a little bit having for her family as they live with chief architect of the destruction of more. As head of Health and Human chronic illness. She said: Medicare from the House into a posi- Services, Congressman PRICE would be As your constituent and an advocate of af- tion where they can wreak havoc on responsible for insuring the continu- fordable, accessible health insurance, I the health care of millions. ance of Medicaid. would like to share how adjustments to the I want to go into that area of pre- Americans like Kelley from New Jer- health care system could impact me. As you consider policy changes, I urge you to think existing conditions. Imagine yourself sey are able to access care right now as someone who has a child with diabe- because of the Medicaid expansions about how your constituents living with chronic conditions will be affected. tes or that you are a survivor of cancer under the ACA. I want to read what she It is so important to my husband who lives and an insurance company can now said. She said: with Parkinson’s disease and myself who is look at you and say: I am sorry. I am Thank you for supporting the ACA. I hope being treated for Chronic Lymphatic Leu- not going to cover you. The people that you will continue to fight hard for it. kemia that our Medicare benefits continue driven by the market, driven by prof- It’s the ACA and Medicaid that allow me to without any cuts in benefits. It is most im- be able to seek medical treatments for my portant that we continue to be able to visit its, driven by the bottom line are going scoliosis (which causes me to suffer from doctors able to care for our specific needs to look at you and your humanity and chronic pain) and ensure that my newborn and have the expensive medications covered simply say: Sorry, I am not going to receives appropriate medical care when need that are needed as we live with these discover you. And you live in that place in be. eases. America, that dark, painful place I work full time and go to college but I As a support group leader for people living where you know you are one illness still struggle to pay the bills, as I’m only 18 with Parkinson’s disease— away from destitution. and fast food doesn’t pay much even at 35 to I pause here to say, my father suf- 40 hours a week. This is what Maureen wrote to me re- fered for years with Parkinson’s, died cently. She said: Here is someone going to college, from Parkinson’s. The support groups Please do not repeal the Affordable Care raising a child, working full time, and are essential, and the medical chal- relying on the ACA so she can inch to- Act. My 18-year-old son has been fighting lenges that this chronic disease brings cancer for over a year. I am scared to death ward her American dream, being a col- are great. of what his future will hold without the pro- lege graduate, getting a better paying I continue with her letter. tections of the ACA. He may be subject to a job. As a support group leader for people living lifetime cap on insurance payments or be re- She concludes by saying: with Parkinson’s disease and their care- jected for health insurance entirely on the I want my baby to have the health care she givers, I know all the members would echo basis of a preexisting condition. He is only deserves so she can be happy and healthy. my requests. Many people actually need fur- 18. He could be financially ruined before he The Medicaid expansion under the ther assistance to purchase the needed drugs even gets his adult life started. After fight- ACA has extended access for millions as their policies do not cover them ade- ing cancer as a teen, it scares and upsets me in our country, millions of hard-work- quately presently. Often the medication to think that his battles will continue prices are prohibitive for folks. They have to throughout his life in the form of financial ing people like Kelly and their chil- constantly check to see which drug plan will hardships from the loss of protections he dren, like her baby, across the country. allow their medication at an affordable currently has through the ACA. In New Jersey alone, hundreds of price. She ends saying: thousands of people gained coverage. In addition, specific supports for caregivers Uncompensated costs were driven is another very important need for the Par- Please consider my family when voting on down, and my State saved a billion dol- kinson disease population. Please consider the ACA. lars, all because of Medicaid expansion. assistance for these people who require as- Please consider my family. There are Republican Governor of New Jersey: sistance throughout the day. millions of Americans who now are liv- Medicaid expansion was the right fiscal Let me tell you, this is a person writing in this state of fear, looking at the decision for our State and for our coming to say keep what we have and make rising and the ascendancy of Congress- munities’ families who live in our it better because it is still not enough man PRICE to a position—someone who State. to meet the challenges. Instead, we are has tried again and again to end insur- In PRICE’s efforts to undo ACA Med- considering making someone the Sec- ance for people with preexisting condi- icaid expansion, he has indicated peo- retary of Health and Human Services tions. ple like Kelly and her newborn baby who doesn’t want to improve, build I don’t understand what we are try- are not a priority. upon, get better but wants to throw ing to achieve with putting someone I know for a fact that hard-working out. who believes that somehow the free people across the country and in my Take TOM, who believes that for his market will take care of these folks. I community will suffer if PRICE is able family, their lifeline to health care ac- began with our history as a country: to do what he intends to do and has cess is an intrusion. This is TOM booming industrial economy. The free tried to do. PRICE—excuse me, who believes that market didn’t take care of ensuring Let me go to another issue; that is, this is an intrusion. He writes: ‘‘I can that our waters and rivers were cleaned Medicaid. How about Medicare? As Sec- attest that nothing has had a greater up. The free market didn’t take care of retary PRICE, he will be responsible for negative effect on the delivery of eradicating polio. We are a nation that overseeing Medicare, the health care health care than the federal govern- has learned from our history that we program that services 57 million Amer- ment’s intrusion into medicine through have a responsibility to each other, and ican seniors and those with disabilities. Medicare.’’ in our common civic space and in the

VerDate Sep 11 2014 06:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.102 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1047 governments that are established tive provision, America has changed. Young people are also disproportion- amongst men and women, we have to According to the National Women’s ately infected, without sex education, do better for folks who are victims or Law Center, 55 million women have with HIV, and HIV rates among young vulnerable to the vicissitudes of the saved $1.4 billion on birth control pills adults are truly problematic in this free market. alone since 2013. country. Kids who are granted full in- That is why we are stepping up to say Listen to Rachel from West Orange, formation live healthier lives. But Con- that we can create a system that NJ, a couple towns over from where I gressman PRICE advocates against serves all. We are the richest country live. She benefited from the contracep- that. He thinks sex education doesn’t on the planet Earth. What even makes tion provision of the ACA as well as ac- reduce rates of teen pregnancies—it this worse than Medicaid under as- cess to Planned Parenthood. This is does; doesn’t reduce rates of sexually sault, Medicare under assault, people what she wrote: transmitted diseases—it does; doesn’t with preexisting conditions, which are The Affordable Care Act is something that reduce rates of sexual assault—it does; issues that are simply around contra- has made a huge impact on my life. I come doesn’t reduce rates of HIV—it does. ception. from a poor background, and there is no ad- But he thinks that it promotes promis- Congressman PRICE would be ex- ditional money to spare on things like birth cuity among young people. pected to uphold protections currently control, which I take for my independence I want to end with my last point. All in place that prohibit insurance compa- and legitimate medical issues. Without birth of this is enough, but this is the more control, I’m unable to get out of bed for days astonishing part of my opposition be- nies from charging women more beat a time because of painful periods. This cause of their gender and ensuring that cause in this, I would at least think we means losing out time off work and opportu- could get my Republican colleagues to insurance companies abide by the Af- nities because of a serious medical malady. fordable Care Act’s contraceptive care. I never thought I would be able to nor- join with me because if you look at All that talk about preexisting condi- malize my life because I can’t afford a $40 past Presidents, something less than tions, many insurance companies saw copay every month, in addition to my expen- this has sunk nominations before. This doesn’t have to do with health policy; gender as a preexisting condition. As sive transportation passes, student loan payments, and helping my parents pay their this has to do with conflicts of inter- something as critical as having access bills. However, with the Affordable Care Act, est. to contraception, TOM PRICE has voted I have access to free birth control that al- There was a great Senator who pulled time and time again to restrict access lows me to live my life and succeed. It en- himself out of consideration for what, to essential health care services and ables my independence, and makes me a compared to this, is a mild issue that limit reproductive rights. healthier individual. I am terrified that any he moved to correct on paying taxes on repeal of the Affordable Care Act will harm Before the Affordable Care Act was a benefit that he received. He pulled passed, cost was a major barrier for my health, my career and my ability to lead a normal life. himself out of consideration. He had women seeking access to birth control. that kind of dignity to say: You know We want people to lead the life of Congressman PRICE has repeatedly op- what, I have this small issue. I am pull- their dreams—their health, their ca- posed the provision requiring insurance ing myself out of consideration. reers. What she is asking for is not a plans to cover contraception. This is But TOM PRICE is charging right what he said in an interview in 2012: luxury. It actually benefits us all be- ahead, while people in the House are Obviously one of the main sticking points cause we are empowering her to suc- calling for his investigation. Some of is whether contraception coverage is going ceed. That makes this country greater. my colleagues have already addressed to be covered under health insurance plans Yet TOM PRICE, this nominee, has voted this, so I won’t go into it much, but the and at hospitals, and whether or not they’re 38 times on measures that would re- SEC investigation should be there. An going to be able to pay for it, especially low- strict women’s access, including 10 independent watchdog from the Office income women, where do we leave these times voting to defund Planned Parent- women if this rule is rescinded?’’ of Congressional Ethics should be hood. At a time when there are fewer there. We don’t know because these or- That is the question. PRICE’s re- unwanted pregnancies, when women sponse was simple: ganizations, the SEC and the Office of have more power, more control over Congressional Ethics, don’t announce Bring me one woman who’s been left be- their lives, TOM PRICE wants to roll when they are investigating somebody. hind. Bring me one. There’s not one. things back. But there are a whole bunch of people I am sorry, in this case, PRICE is not Struggling women are fighting to saying that Congressman PRICE has po- right; PRICE is wrong. There is not just raise families and go to college and pay tentially violated something called the one you could bring. There are millions the bills and run businesses or be en- Stock Act, which was basically put in of women who were left behind and trepreneurs, that they are having con- place so that Congresspeople, who struggled with access to coverage be- strictions placed on their lives—you know things about regulations or fore the Affordable Care Act. For this empower women, you empower this Na- issues affecting companies, can’t ben- man to stand there and cast a shadow tion. efit off of that insider information to over the basic commonsense under- In New Jersey, Planned Parenthood’s profit themselves. I don’t understand standing that when you allow women 26 health centers provide access to life- why, at a time that this is all hanging to make their reproductive health deci- saving care for women across the socio- over his head, that there should be an sions and have access to contraception, economic spectrum. I will fight tooth investigation, that we should get to you give them power over their lives and nail with all that I have for not the bottom of it before we put him in and their destinies. You actually re- rolling things back. We are not going the President’s Cabinet, Democrats and duce unwanted pregnancies dramati- back. And a Congressman who has Republicans here, given past history cally. This is an economic issue. This is pledged to do just that should not be and past nominees who had to with- an empowerment issue. This goes to the Secretary of Health and Human draw, why aren’t we joining in a bipar- the core freedoms as a country. Services. tisan way and saying: Hey, there is a The Center for American Progress re- TOM PRICE has spoken out against lot of smoke here, and the facts are ported in 2012 that before the ACA con- sex education. I am a believer. I said kind of screaming for attention. traceptive provision went into effect, this when I was mayor, all the time. In Let me just be clear. As an example, that ‘‘a recent study shows that women God we trust—I am a man of faith—but last March Congressman PRICE bought with private insurance paid about 50 everybody else, bring me data. Sex edu- between $1,000 and $15,000 worth of percent of the total costs for oral con- cation is actually something that has a shares in a company called Zimmer traceptives, even though the typical powerful economic benefit. When it Biomet. They are a medical manufac- out-of-pocket cost of non-contraceptive comes to advocating for better health turer that specializes in hip and knee drugs is only 33 percent. Surveys show options and outcomes, we know this is devices. House ethics disclosures show that nearly one in four women with not an idea or theory, but there is a that he invested in the company just 6 household incomes of less than $75,000 connection between poor, incomplete, days before introducing a bill that have put off a doctor’s visit for birth or absent sexual education and increas- would have directly benefited hip and control to save money in the past ing rates of teen pregnancy, sexually knee replacement companies like Zim- year.’’ Because of the ACA’s contracep- transmitted diseases, sexual assault. mer Biomet, H.R. 4848. Let’s do this

VerDate Sep 11 2014 06:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.103 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1048 CONGRESSIONAL RECORD — SENATE February 9, 2017 again. He invests in a company 6 days on health care. It has been controver- have made strides toward that stand- before he introduces legislation that sial, I understand, but there is no argu- ard. would have benefited such a company. ing with the fact that we are now at a We have work to do. We should be That is astounding, to me, and it point in America where someone with a working together, both sides of the should raise alarms in terms of the preexisting condition is not stopped aisle, to make our health care better, codes of conduct of a potential Cabinet from having health insurance, where more inclusive, more accessible, and nominee. He invested in a medical young people all over our country have more affordable. We have a lot more manufacturer of hip and knee devices the security of knowing they can stay work to do. But I don’t want to go and shortly thereafter introduces a on their parents’ health insurance back. So help me, I will fight every day bill, the HIP Act. until they hit 27. We are at a point now to prevent us from going backward What is more, though, is while Con- where being a woman is not a pre- where there will be fewer people cov- gressman PRICE has said that he was existing condition, where we have ex- ered, more people, because they can’t unaware of the stock purchase because panded access to contraception. We are afford things, suffering untold health it was bought by a broker, his financial at a point in our country where the un- crises. disclosure forms show that he initialed insured population has gone down dra- I don’t want to go backward to where the purchase to note an error. He ini- matically. women are denied coverage or access to tialed the purchase. So to say he had We cannot have someone whose atti- empowering things, basic things, fun- no knowledge of it is a stretch. tude is not what I would hope it would damental things like contraception. Congressman PRICE then added near- be, one of ‘‘Hey, we accomplished a lot. I don’t want to go backward with ly two dozen cosponsors to the bill over Let’s figure out a way to make it bet- senior citizens who are in the the next 31⁄2 months. I am sorry, if a ter. Let’s build on it.’’ Instead, they sunsetting years of their lives, when Senator here did that—knowingly buy- not only want to take back the gains I they should be free of stress and worry ing stock, then introducing a bill—I just mentioned, but they want to go and strain but suddenly are worried know this body would look askance on further and take back Medicaid and again and struggling and suffering. I that. More than that, I don’t think you Medicare, privatize them, gut them, don’t want to go back to those days; need to explain much of this because it block-grant them. therefore I will vote a resounding, full- is so obvious that American folks at So this is not a close call. This is a throated no on Congressman PRICE be- home are knowing that you should not Congressperson who for years has told cause, as the poet Maya Angelou said, introduce legislation to self-deal to America what his intentions are. He if someone tells you who they are, be- yourself. just didn’t have the power to do it then lieve them. He is someone who has told Let me give another example. PRICE because he was 1 out of 435. Frankly, if us what he wants to do. We should stop also bought stock in an obscure Aus- you include the Senate, he was 1 out of him from doing it. tralian biopharmaceutical firm called 535 and had a Democratic President I yield the floor. Innate Immunotherapeutics through a also to get through. He couldn’t get The PRESIDING OFFICER (Mr. private offering that was not made done what he wanted to get done. Now PERDUE). The Senator from Florida. available to the public. The private he is going to go from being one voice VENEZUELAN PASSPORTS stock offering gave Congressman PRICE on the fringe, yelling for getting rid of access to hundreds of thousands of dis- Medicaid and Medicare, yelling against Mr. RUBIO. Mr. President, I wanted counted stock. women’s access to contraception, to take a few moments today. I know At his Senate confirmation hearing, yelling to put insurance companies we are in the middle of this debate he asserted the stocks were ‘‘available back in charge of your life, your des- about the health care law, about the to every single individual that was an tiny, and your health care—he is going nomination. On a topic I have been investor at the time,’’ but this is how to go from a fringe voice, 1 out of 435, working on for a while, I was compelled the Wall Street Journal reported it— to now being the head of the Depart- to come to the floor at this late hour not quite a liberal periodical. It said: ment of Health, advising the President because it has now broken in the press. In fact, the cabinet nominee was one of on things, frankly, that he has said, at It is important to kind of give some fewer than 20 U.S. investors who were in- least, that he doesn’t want to do: gut- clarity. vited last year to buy discounted shares of ting Medicare, gutting health care for As my colleagues know, I have spent the company—an opportunity that, for Mr. seniors. a significant amount of time over the Price, arose from an invitation from a com- So I go back to where we came last few years discussing the issues in pany director and a fellow Congressman. from—a Republican President, Dwight the nation of Venezuela, which has a The shares were discounted at 12 percent direct impact on my home State of off the traded price in mid-June only for in- D. Eisenhower, and the first head of vestors who participated in a private place- the Health Department, an incredible Florida but ultimately on the country. ment arranged to raise money to complete a woman, World War II—served soldiers It is a nation that faces some very sig- clinical trial. The company’s shares have in World War II. And they had a vision nificant challenges, primarily because since tripled during the offering. for this country, that, hey, what we its political leadership is a disaster. It I am sure that Americans at home have is not good enough. Let’s figure is no longer truly a democracy. It is who are saving for their retirement out a way to do better because a now a government run by a tyrant who would love to have an insider deal like healthy society is an economically has basically ignored the Constitution. this, would love to be clued in by com- strong society. A healthy society is a They have taken over the courts. The pany heads to an opportunity to triple prosperous society. A healthy society members of the judiciary in Venezuela their money, but clearly something is lives up to our common values. are now basically under the complete wrong when a Congressman is doing We are the United States of America. control of their so-called President, that. That should cause us to pause as We should set the national standard for Nicolas Maduro, and before that, Cha- a nation before we put him in as a Cab- health care. When it comes to the most vez. They control the press. They have inet Secretary over all of our health vulnerable amongst us, whether it is a a national assembly that actually is care. poor kid on a farm, whether it is some- controlled by the minority party or the It is a disturbing pattern when one in an inner city, whether it is an opposition party to the government. Congresspeople use their position of immigrant, we are a country that be- But it is pretty shocking. My col- power for personal gain with no regard lieves—like the old African proverb: If leagues would be shocked by this. We for public interest. This type of behav- you want to go fast, go alone, but if all travel abroad often. Imagine if you ior would be unacceptable in most in- you want to go far, go together. lived in a country where the President dustries. It should be unacceptable to One of the great singers and artists denied you the ability to travel abroad. Congress, to Senators on both sides of and inspirations in my State is a guy Well, that is what has happened. the aisle who have to advise and con- named Bruce Springsteen. He has a One of the members of the National sent. song where he says: We take care of Assembly in the opposition, Luis Look, we are at a point in our coun- our own. Well, we have done well on Florido was trying to go to Peru to try where we have taken steps forward that idea. We have gotten better. We travel and was denied the ability to

VerDate Sep 11 2014 06:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.104 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1049 leave the country. Imagine that. Imag- irregularities, so he began to report made thousands of dollars selling Ven- ine that one of our Democratic col- what he says was a scheme to sell pass- ezuelan passports and visas and that he leagues here in the Senate decided they ports and visas for thousands of dollars could make a lot of money too. He says wanted to take a trip next week over- out of that Embassy. He was offered all he told her it was wrong and he re- seas in the conduct of their office and kinds of money to do this, to get a cut fused. The employee pressed the issue, were told that the President was not of those thousands of dollars. He says telling him that there were thousands allowing them to travel abroad. That he declined it. of dollars to be made, even discussing happened in Venezuela. Another one, CNN and CNN en Espanol have over an offer to sell visas to 13 Syrians for Williams Davila, had his passport the last year teamed up on a joint in- $10,000 each. taken away by the President of Ven- vestigation, relying on much of the Lopez said that he was stunned when ezuela. So the country is a disaster be- same information that I have had ac- he found the document inside the Em- cause of their leadership. It is actually cess to, looking into all of these allega- bassy. It was a list of 21 Arabic names headed into a cataclysm. tions and what they uncovered. In the with corresponding Venezuelan pass- In April of this year, Venezuela has story that posted tonight was evidence port numbers and Venezuelan identi- to make a $6 billion payment on their of serious irregularities in the issuing fication numbers. A Venezuelan immi- debt. They will not be able to make of Venezuela passports and visas, in- gration official told CNN that a that payment. The Government of Ven- cluding passports that were given to crosscheck of the passport numbers in- ezuela knows that. It is a terrible situ- people with ties to terrorism. dicated that the passports are valid ation. According to CNN, one confidential and that those passports, given to But in the midst of all of that, I have intelligence document obtained by these people with the 21 Arabic argued that the national security in- CNN—intelligence documents from na- names—when he ran the crosscheck, terests of the United States is at stake tions in the Western Hemisphere, not they actually matched the names on in what is happening in Venezuela. from the United States—actually di- the list Lopez found, meaning the peo- This is not just about the issue of de- rectly links Venezuela’s now new Vice ple on the list could be able to travel mocracy; it is also about the threat it President, who is in line to potentially using those Venezuelan passports. potentially poses to the United States. become the President when the current But here is what is incredible: A pub- That is what I come to the floor to dictator is going to have to give up licly available database in Venezuela speak about tonight. power here soon because of this cata- examined by CNN shows that 20 of the My office has been engaged with a clysm that they are facing—the name 21 identification numbers of the people number of people over the last few of that Vice President is Tareck El with the Arabic names that match the months and year who have been com- Aissami. There are now links, accord- passports are actually registered to ing to us with information. We have ing to CNN, to the current Vice Presi- people with Hispanic names, not the been working on some of this. Some of dent, Tareck El Aissami, and the 173 Arabic names listed on the passports. that has now broken into the press to- Venezuelan passports and IDs that So basically CNN has uncovered evi- night in a CNN report that I am about were issued to individuals from the dence that at least on 21 occasions, the to describe in a moment, but first, let Middle East, including people con- Venezuelan Government—the Ven- me lay out the scene. nected to the terrorist group ezuelan Embassy has sold passports to There have been about 8.5 million Hezbollah. someone from the Middle East but as- names added to Venezuela’s immigra- It is important to understand—and signed them a Hispanic surname or a tion system since it was last independ- the CNN article appropriately outlines Hispanic name. People are traveling ently audited in the year 2003. OK. So this—if you have a passport from Ven- under assumed identities from the Mid- 8.5 million people were added to their ezuela, you are allowed to enter over dle East. We have a couple of those immigration system, the new names 130 countries on this planet without a names we are going to share with you that have come about. Of the 8.5 mil- visa. That includes the 26 countries in in a moment. lion names that were added, 221,000 of the European Union. So a Venezuelan In April 2014, only 9 months after he those—over 221,000 of those are foreign passport is a valuable commodity for started the job, he emailed a report nationals, and at least 173 of those someone who is trying to travel around about all this to the Ambassador. He 221,000 foreign nationals are from the the world under an assumed name with said the Ambassador did nothing, and, following countries: Iran, Syria, Iraq, a valid government document. That is in fact, the Ambassador, Velasco, Lebanon, and Jordan. So 173 people why it is important. threatened to fire him. from these countries were provided Mr. Lopez, the whistleblower who By 2015, he was so frustrated that no government passports and national IDs once worked at the Embassy, is a law- one would investigate it that he took between the year 2008 and 2012, which yer. He used to be a police officer in what he found to Delcy Rodriguez, who leads me to this: In November of 2015, Venezuela. He said, according to the was Venezuela’s Foreign Minister. He a Venezuelan attache by the name of article, that he thought that becoming emailed the report and said that there Misael Lopez Soto, who was assigned to a diplomat was a great career oppor- was fraudulent issuing of visas, birth the country’s Embassy in Baghdad, be- tunity that would allow him to serve certificates, and Venezuelan docu- came a whistleblower, and he began to his country, so he moved to Baghdad ments. He said nothing happened. With reveal the identities of several of these and started his new life at the Em- nowhere else to turn, Mr. Lopez said he 173 names. bassy. contacted an FBI official at the U.S. Understand that this is important be- He remembers what he calls an un- Embassy in Madrid. cause there has been a 168-percent welcome surprise on his first day in By the end of 2015, the Venezuelan jump in U.S. asylum applications from July of 2013. His new boss was Ven- Government accused him of aban- Venezuela since October of 2015, now ezuelan Ambassador Jonathan Velasco. doning his post and removed him. A po- the third highest nation of origin for The Ambassador handed him a special lice official showed up at his home in asylum applicants to the United envelope, he said. Venezuela with a document that said States. The overwhelming majority of ‘‘He gave me an envelope full of visas and he was under investigation for reveal- them are legitimate people fleeing all passports,’’ Lopez recalled. ‘‘He told me, ‘Get ing confidential documents or secrets. this craziness that is happening. But I this, this is one million U.S. dollars.’ I Now, this is not the first time this lay the groundwork to understand the thought it was like a joke. Then he told me Congress hears about this. U.S. law- connection between Venezuela and the here people pay a lot of money to get a visa makers heard reports about Ven- United States. or a passport to leave this country.’’ ezuela’s passport fraud during congres- I now want to go into the story of Meaning Iraq. sional hearings as far back as 2006. In Mr. Soto, who, as I said, used to work About a month later, Lopez said he fact, a congressional report warned at the Embassy. realized it was no joke. that ‘‘Venezuela is providing support, Mr. Soto was assigned to work at the An Iraqi employee of the Embassy including identity documents that Embassy of Venezuela in Iraq. As he who was hired to be an interpreter told could prove useful to radical Islamic began to work there, he noticed some him that she, the interpreter, had groups.’’

VerDate Sep 11 2014 06:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.107 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1050 CONGRESSIONAL RECORD — SENATE February 9, 2017 A State Department report at that ficials ordering passports for people Medicaid, which provides health care time concluded that ‘‘Venezuelan trav- who were not citizens when he was run- to disabled and poor families across el and identification documents are ex- ning the department.’’ He said it was this country. tremely easy to obtain by persons not ‘‘very easy’’ to assume someone else’s So that is his plan. This is the TOM entitled to them.’’ identity. It was ‘‘very, very easy to go PRICE health care plan for America in Roger Noriega, the former U.S. Am- and be a Venezuelan or pretend being the 21st century: No. 1, repeal the Af- bassador to the OAS, a former Assist- born in Venezuela.’’ fordable Care Act; No. 2, end Medicare ant Secretary of State for the Western I bring this up in the midst of all as we know it; and, No. 3, gut Medicaid Hemisphere, said in prepared remarks these other things because we now un- and raise premiums for everyone else before Congress in 2012 that ‘‘Venezuela derstand that what we are facing in in our country. No one with any sense has provided thousands of phony IDs, Venezuela is not just a corrupt govern- believes this is a winning formula. passports and visas to persons of Mid- ment and a tyranny but a nation that Voting for the Affordable Care Act dle Eastern origin.’’ is under the corrupt leadership of its was the best vote of my entire political In 2013, confidential intelligence re- now Vice President and, of course, its career, and that is because I agreed ports from a group of Latin American President, a nation that is trafficking with Senator Ted Kennedy that health countries obtained by CNN said that in selling passports and travel docu- care is a right and not a privilege and from 2008 to 2012—I already outlined ments to individuals with links to ter- that everyone in our country is enti- this earlier—173 individuals from the rorism. That poses a direct threat to tled to health care coverage and that Middle East were issued Venezuelan the national security of the United that health care is the solid foundation passports and IDs. Among them were States. I hope in the days to come, for our entire country to build their people connected to the terrorist group with this new information and with lives on. Hezbollah. The official who ordered the this report, that we can work with the Ralph Waldo Emerson said: ‘‘The issuing of those passports, the report Justice Department and the State De- first wealth is health.’’ Without health, said, is Tareck El Aissami, who just a partment to take appropriate measures you have nothing. That is what the Af- few months ago was appointed and is to protect our Nation and the world fordable Care Act is all about—to give now the Vice President of Venezuela. from what is occurring at the hands of every American the first wealth, the Back then, he was the Minister in the Venezuelan Government under the most important one, the access to the charge of immigration, as well as a tyrant Maduro and under its Vice health care which they need. That is Governor. He personally took charge of President, who personally ran the de- the promise that all Americans were issuing granting visas and national- partment that was undertaking these made with the Affordable Care Act, and izing citizens from different countries, corrupt activities. it is a promise that we still must keep. especially Syrians, Lebanese, Jor- I yield the floor. Before TOM PRICE and his Republican danians, Iranians, and Iraqis, the re- The PRESIDING OFFICER. The Sen- allies came up with their blueprint to port said. ator from Massachusetts. dismantle the ACA and put their big So what we have now is an unbeliev- Mr. MARKEY. Mr. President, tonight health insurance companies back in able situation in which a country in I am here to speak in opposition to the charge of your health, there was a Mas- this hemisphere, according to both the nomination of TOM PRICE to be the Sec- sachusetts blueprint that helped to cre- whistleblower, independent reports, retary of Health and Human Services, ate that historic health care law. Many and now CNN’s own investigation— and I am standing here this evening in of those core fundamentals were from Venezuela—has been providing pass- solidarity with millions of Americans Massachusetts and were then just built ports to people from the Middle East across this country who, thanks to the right into the Affordable Care Act: cre- under false pretenses, basically fraudu- Affordable Care Act, have health insur- ating a marketplace so that insurance lent documents that allow them to ance, some for the very first time in companies compete for customers, ex- travel all over the world. their lives—not just access to coverage panding Medicare to cover more low- Among them, Hakim Mohamed Ali but actual health insurance for them- income residents in our State, helping Diab Fattah, a Palestinian and sus- selves and for their families, coverage lower and middle-income people buy pected Hezbollah member, was given that provides preventive care without insurance with tax subsidies, encour- national ID No. 16.105.824, issued on copays, coverage despite preexisting aging people and businesses to buy in July 12, 2012. He was deported from the conditions, coverage supported by sub- so we are all splitting the cost and United States in 2002 for his possible sidies for those who need it to help sharing the benefits, and a employer- connection to the 9/11 hijackers via make health insurance affordable for responsibility requirement for all large aviation school in the United States. their families. employers to offer coverage to their He was detained and arrested by Jor- TOM PRICE’s position on health care workers. danian authorities on May 3, 2015, for is contrary to everything those mil- In Massachusetts, we call this suspicion of financing terror. This indi- lions of Americans rely upon, and it is RomneyCare, a good Republican pro- vidual has that national ID number against everything that my State of gram from my Republican Governor— from Venezuela and a passport that Massachusetts stands for. RomneyCare. Then on a national level, was allowing him to travel. So let’s take a look at TOM PRICE’s they called it ObamaCare. In Massa- Here is another one: Ahmad Adnan formula for health care for America. chusetts, we just called it successful. It Ali, an Iraqi, another suspected First, Congressman PRICE wants to re- worked. It is a good plan. Hezbollah member. He is a convicted peal the Affordable Care Act. He wants Right now in Massachusetts, 98 per- trafficker facing charges in France and to bring back discrimination against cent of all adults have health care in- Denmark, and he has documents under those with preexisting conditions. He surance; 99 percent of all children have two aliases: Ahmed El Timmy wants to kick 32 million Americans off health insurance. The Massachusetts Villalobos, with the number 29.645.898. their health coverage. He wants to de- unemployment rate is 2.8 percent. We That is the number on the ID that was prive women of reproductive health are No. 1 in math, verbal, and science issued on January 16, 2014. He has an- choices, and all of this, ultimately, is at the fourth, eighth, and tenth grades other alias and another document: going to raise prices of insurance, of out of all 50 States. We have the clean- Ahmad El Timmy Gomez. His name is health care coverage for everyone who est environment in the United States. neither Villalobos nor Gomez, but he has insurance right now, which is 80 We have health care for all children has these documents. percent of America who gets their pri- and all adults, and our unemployment By the way, all of this, according to vate coverage. rate, again, is 2.8 percent. CNN, is no surprise to General Marco Second, TOM PRICE wants to end It is not a choice. In fact, it is a busi- Ferreira, who was in charge of the im- Medicare as we know it. He would in- ness plan for the State. It works—the migration office in Venezuela in 2002. crease the Medicare eligibility age and healthiest families, the most educated He now lives in Miami. He was granted create a voucher system that pushes children in the Nation, the lowest un- political asylum. ‘‘He told CNN that he the cost of the program directly onto employment rate. It all comes to- personally witnessed corrupt senior of- seniors. Finally, he wants to slash gether. It is a plan.

VerDate Sep 11 2014 06:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.108 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1051 Now, to listen to the critics of this Since enactment of the ACA, the pre- Where will that money come from? idea—that everyone is entitled to vention fund has provided more than $5 Well, in order to pay for the Affordable health care—you would think that it billion to States and communities Care Act, hospitals across the country would destroy our economy, and they across the country to support commu- kicked in about $500 billion over 10 are still waiting for it to happen, as nity-based prevention programs. Na- years in order to help with the costs, our unemployment rate continues to tionally, the prevention fund also fun- but the hospitals received something in go down and down and down. neled hundreds of millions into the pre- return. Because of the Medicaid sub- What is up? I will tell you what is up. ventive health services block grant. sidies for patients, they would now Cancer screenings are up. Preventive These grants have been critical in Mas- have insurance, and when they showed care visits are up. Diabetes treatments sachusetts, for example, helping our up at the hospitals, they would actu- have gone up. Health disparities among communities respond to the heroin, ally have insurance coverage. So that women and minorities are down. That prescription drug, and fentanyl crises. would help the hospitals have the rev- is who we are. We can do this. It is a Unfortunately for all of us, TOM enue they need in order to take care of plan. It is a plan. It actually ensures PRICE’s assault on health care wouldn’t business. Since many fewer people were that every child in America, every stop there. Congressman PRICE’s march now going to arrive at the emergency family in America really doesn’t have on the Affordable Care Act would slash room, the uncompensated care—that is to worry about something happening, Medicaid—and listen to this number— the funding which the hospitals just some bankruptcy taking place because which pays for $1 out of every $5 in had to provide for patients who just they can’t afford the health care that America for substance use disorder walked into an emergency room— one of their family members needs. treatment. would now be dramatically reduced be- That is what was happening before the The repeal of Medicaid expansion cause the patients would have insur- Affordable Care Act passed. would rip coverage from 1.6 million ance through the Affordable Care Act. So what makes Massachusetts one of Americans, newly insured Americans The $500 billion they had promised to the healthiest places in the world to who have substance use disorders. We the Federal Government that would live is in jeopardy with the nomination have an opioid crisis in America, a not be an expenditure, that would be the tradeoff. of TOM PRICE. He is coming for this fentanyl crisis, a prescription drug cri- Then you say to yourself, what is the plan. He doesn’t think it works. He sis. People are dying in record num- Republican plan now? What they are doesn’t understand what has happened bers. What TOM PRICE is proposing is saying is, they are going to kill these in Massachusetts or across our coun- going to take 1.6 million of these subsidies that have reduced the number try. Americans who are receiving treat- of people who do not have insurance In fact, in the State of Kentucky, the ment right now and just strip them of going into emergency rooms, and they Democratic Governor, Governor this health care benefit. are going to strip that away. They Beshear, has instituted this plan in his What happens to them? We know don’t have a plan. This is the TOM red State, and he took the total num- what happens if you don’t have treat- PRICE plan—nothing. But they are also ber of people up to 95 percent of total ment. We know what happens if you saying they are not going to give back coverage for Kentucky—hundreds and don’t have prevention when you have a the money to the hospitals which had hundreds of thousands of people. drug problem. It leads, inextricably, in- been used in order to deal with the un- If we did that across the whole coun- evitably, toward a conclusion that is compensated care. So it is a con job. try, then we would essentially have the now affecting tens of thousands of peo- The President says you have a big tax Affordable Care Act of Massachusetts ple in America every single year, and break to the wealthiest in our country, in the whole country, but there has that is death. You tell these 1.6 million big tax break to the businesses in our been strong resistance from States people they no longer have coverage, country. Where is the money coming that are ideologically opposed to hav- and you are sentencing them to con- from? Where is the piggy bank? Here is ing this kind of a plan be put in place. sequences that, I don’t think, our coun- the piggy bank. The piggy bank is the So they are coming for it. That is what try wants to see. money that was being used to give in- TOM PRICE is doing. I have served in Congress for nearly surance for people to go to hospitals Let me give you an idea as to what 40 years, and I have never seen any- with their families. That is being taken TOM PRICE’s plan does for Massachu- thing like this opioid epidemic, never. away, and they will use it to give tax setts and ultimately for the rest of the In Massachusetts, 2,000 people died breaks to the businesses. You are tak- country that has adopted the plan. In last year. We are only 2 percent of ing it from the people who need it the Massachusetts alone, there will be an America’s population. If the whole most, for health care, preventive serv- average per person loss of $2,280 in tax country was dying at our rate, that ices, and families and you give it to the credits, and 83,000 seniors and people would be 100,000 people a year dying people who need it the least, the with disabilities may lose $1,000 per from drug overdoses. That is two Viet- wealthiest and the businesses in the year in saved prescription drug costs. nam wars every single year. country. It is a con job—take the We could lose an estimated 57,000 jobs What TOM PRICE is saying is that he money and hand it over to the largest just in Massachusetts with all these is going to rip away the Affordable constituency in the Republican Party. services just being eliminated. We Care Act funding for those who have And who is the architect? TOM PRICE. would have the loss of $1.85 billion in substance abuse. Nationally, opioids Is that why he would destroy this Medicaid expansion funding and the have now killed more people than gun health care system? Is that why you loss of more than $700 million in Fed- violence, auto accidents. Many people would cut back Medicare? Is that why eral premium tax credits and cost shar- who have substance use disorders ben- you would gut Medicaid? You do it so ing reduction payments for middle-in- efit from protections under the ACA. It you can give huge tax breaks to the come families. is guaranteed. The funding is there for wealthiest in our society? That is an We also have to consider the Afford- it. So this is for me just one perfect ex- unacceptable plan, and it makes him able Care Act’s prevention and public ample of many, many examples which I an unacceptable candidate to be the health fund. Here is what went wrong can use in order to kind of just give Secretary of Health and Human Serv- with our health care system in the 20th people insight as to the horrors that ices in our country. century: We were running a sick care are going to be done to vulnerable fam- We have a raging epidemic of opioids. system, not a health care system. So ilies all around the country. We have all kinds of problems that can what the Affordable Care Act did was it Donald Trump is bragging today that be dealt with if people had the insur- began to shift the emphasis towards he is going to provide a big league tax ance coverage and they knew they prevention. How do you stop people cut for businesses in America, big could go in order to get the help they from getting sick in the first place? league tax breaks for the wealthiest need. That is the way we should be viewing people in our country. That is a com- Now let’s focus on the Medicare Pro- disease in our country. The Affordable mitment. The wealthiest can get a big gram because they want to save money Care Act is our government’s single tax break, businesses can get a big tax there too. How are they going to ac- largest investment in prevention. break. complish that? Well, there were doom-

VerDate Sep 11 2014 06:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.110 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1052 CONGRESSIONAL RECORD — SENATE February 9, 2017 and-gloom prospects about the Medi- cause of medical bills, back in time to credits that can be given to a billion- care programs that came from the Re- when Americans had to choose between aire, not the middle-class, working- publicans, TOM PRICE himself, but just paying for the rent or paying for a life- class, blue-collar American. the opposite happened. The Medicare saving medical treatment. If TOM PRICE had his way, he would Program since the Affordable Care Act The Affordable Care Act moved our implement a plan that would cause went into place has resulted in the low- country from being a sick care system health care premiums in individual est per member rate of spending to a health care system, but Congress- markets to skyrocket, increasing pre- growth in its 50-year history for Medi- man PRICE wants to undo all of that miums for average Americans by 25 care. Premiums paid by enrollees in progress and get rid of all of those pro- percent immediately and doubling over Medicare Part B and Part D have gone tections. the next 10 years. He wants to strip down against all the predictions of its Here is TOM PRICE’s bottom line: re- Planned Parenthood of all its re- opponents, and perhaps more impor- peal the Affordable Care Act, which resources, and 2.5 million people would tantly, the savings have helped Amer- sults in fewer insured patients, and lose access to care in those community ica’s seniors by ensuring that Medicare that means more patients in the emer- clinics. If that happens, fewer mammo- will continue to be there for them. gency room and higher premiums for grams, fewer prenatal exams, fewer Here is a big number for you. Medi- everyone else. That formula is as bogus cancer screenings, and loss of all those care had previously faced a projected as a degree from Trump University. It vital services would hit women of color insolvency that could have occurred doesn’t add up. and low-income women hardest. It this year—this year. Medicare insol- The people who have to pay for it are would increase health inequity and vent. However, because of the Afford- everyone else’s insurance policies that health disparity in our communities of able Care Act, it extended the insol- are going to go up. Because you better color. vency date of the Medicare trust by 12 believe the hospitals and insurance TOM PRICE’s assault on women’s years. Good news for seniors. Repealing companies, when that money is not health doesn’t end there. He has pro- the law jeopardizes Medicare for a gen- there in the Affordable Care Act, insur- posed legislation that would allow eration of Americans. ance policies for those people, and you health insurance companies to charge But TOM PRICE doesn’t just want to don’t get back the $300 to $500 billion women more than men. He has repeat- repeal the Affordable Care Act, the sec- that the hospitals have now committed edly cut and limited access to family ond part of the health care assault is to back to the Federal Government, some- planning services. He does not believe transform Medicare into a voucher pro- body is going to have to pay. Somebody that women should get birth control gram and increase the Medicare eligi- is going to pay, and you don’t have to with no out-of-pocket costs. He is an bility age. After a lifetime of hard be Dick Tracy to figure this out. The outspoken and virulent opponent of re- work, Congressman PRICE would make people who are going to pay will be productive health and would push seniors wait longer for the benefits every other American who has an in- women’s reproductive rights back to they earned. surance policy. It will just go up 5, 10, the 18th century. Good physical health My father was a milkman for the 15 percent, everybody else’s insurance and reproductive freedom are critical Hood Milk Company. His arms were the policies. The hospitals are getting their to supporting women as productive size of my legs. Milk men work hard. dough; the insurance companies are members of their households and our Blue-collar people work hard across getting their dough. economy. We cannot allow TOM PRICE our country. Working-class people When people go to an emergency to turn back the clock. work hard. Should they have to wait room, they are not going to be turned So this is the challenge. We have an until they are 66, 67, 68, 69 to receive a away. Somebody is going to have to administration committed to increas- Medicare benefit? They work hard. pay. Where is the payment going to ing defense spending big time, increas- That makes no sense whatsoever. That come from? Everybody else’s insurance ing tax breaks to the wealthiest and to is TOM PRICE. How do you increase the policies, which are going up, and the corporations big time, and then prom- age when people can receive Medicare money that had been saved is going to ising to cut the Federal budget by $10 coverage for their health when they are the Federal Government for tax breaks trillion over the next 10 years. Well, old in order to save money—for what to the Trump administration. He said where is the money going to come purpose? To then have a tax break for today big league tax breaks for the from? the wealthiest who already have the wealthy, big league tax breaks for busi- We know what they are targeting. money they need in order to take care nesses. Great. This is the plan that if They are targeting all these programs of the health care of their families. you kicked it in the heart you would that help those who need the help the That is one thing you never have to break your toe. What about ordinary most in our society. So I urge my col- worry about. The wealthy in America people? What about the people who leagues to vote no on this nomination have all the money they need for their need help? of Congressman PRICE. He is the wrong families. Martin Luther King, Jr., said: Of all man at the wrong time for the wrong Do you want to know another thing? forms of inequality, injustice in health job. It just doesn’t match up, not with The higher your income, the more like- care is the most shocking. You cannot a 21st century strategy that we need to ly you are going to live longer than work if you are ill, you cannot learn if have the healthiest population in the people who don’t have money. You you are sick, you cannot be secure if world to compete against our economic don’t have to worry about wealthy peo- you are constantly worried that med- rivals across the planet, and if for no ple. They are fine. Their health is fine. ical bills can wipe out your entire sav- other reason, just the moral obligation Their children are fine. Any problems ings. These clearly are not concerns for we have to make sure families are not in their family are fine. TOM PRICE, who has a legislative his- desperate when their loved ones are Well, how about other families in our tory that has repeatedly favored hurting. country? That is what this plan does. wealthy individuals and corporations I thank you for giving me the oppor- They want to lose that plan in order to over the health of the majority of tunity to come out here at this time, give more money to the people who al- Americans. and I urge my colleagues to vote no on ready have enough for the rest of their Congressman TOM PRICE championed Congressman PRICE’s nomination. lives. So that would wind up increasing legislation that would eliminate young I yield back the remainder of my premiums for grandma and grandpa by adults’ ability to stay on their parents time. hundreds of dollars, making them pay plan until age 26. Congressman PRICE The PRESIDING OFFICER. The Sen- more out-of-pocket for less care. What trumpeted a plan that would let insur- ator from Maine. TOM PRICE essentially wants to do is ance reinstate lifetime and annual lim- Mr. KING. Mr. President, I am a get us into the Wayback Machine and its on coverage and charge women former Governor, and as such, I have return us to a time when corporate in- more because of their gender. an inclination to support the Execu- surance companies were calling the TOM PRICE would rip away the Af- tive’s nominees for their Cabinet—for shots in our country, back to a time fordable Care Act income-based sub- their Secretaries or Commissioners in when a person could go bankrupt be- sidies and instead offer inadequate tax my case, in Maine. I think that is an

VerDate Sep 11 2014 08:29 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.111 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1053 important principle, and it is how I Health care in Maine is an enormous are going to pay for their health care. start when I approach the analysis of part of our economy. It is somewhat They are going to have an added bur- any nominee to any position put for- higher, actually, as a percentage of our den of anxiety, and they are going to ward by the Executive, whether the Ex- GDP than it is nationally. We are at have an added burden of money, of fi- ecutive is Donald Trump or Barack about 20 percent of GDP. One-fifth of nance, of cost. Obama or anybody else. That is a kind our economy is health care. In part, You can call it all kinds of high- of starting point, and that is how I that is because we have a great number falutin things. You can call it a vouch- started this January. And, indeed, thus of seniors who, of course, require more er program, whether or not it is privat- far, as we have voted here on the floor, health care expenditures, but it is a I have supported five of the seven very important part of our economy, ization. There are all kinds of ways to nominees who have come before us, which I will touch on a little bit later. paper it over, but what it really is, is plus I supported two additional nomi- But let’s talk about Medicare. shift and shaft. It is shifting the cost nees in committee which have not yet First, Medicare in Maine: 306,000 peo- from Medicare to seniors, and over come to the floor, but whom I will sup- ple in Maine are Medicare bene- time that shift and shaft is only going port on the floor. ficiaries. The expenditure in Maine by to increase. I think that is unconscion- So I am not in total opposition: Medicare is $2 billion. Now, when we able, and there is no reason for it. Don’t vote for any nominees. I don’t are talking about cutting or changing Yes, the cost of Medicare is going up think that is the way our system Medicare, of course we focus, as we as a percentage of our budget. That is works, and it is certainly not the way should, on those 306,000 people—and I because we are getting older. That is I intend to approach these issues. I will talk about them—but we also need because we have a demographic bulge have approached them one at a time, to talk about that $2 billion. If we are going through our society for people looking at the position of the nomi- talking about savings—savings don’t who were born in the 1940s and 1950s— nees, their policies, their views, their just evaporate, they occur in real life, the baby boom generation—but that is hearings. I have tried to follow the and those are funds that don’t go to anticipated, that is understood. There hearings as closely as possible, includ- support medical care for seniors in are things we can do to deal with that Maine and don’t go to our hospitals ing their answers to questions. Again, I issue without the radical solution of and don’t go to our practitioners. So $2 start with a bias toward approval, per- essentially shifting the cost over to the billion is a very significant part of our haps because of my experience as a seniors. It makes the Federal books GDP, and that is just what Medicare chief executive myself. look good, but it is not going to make But I can’t support nominees who are spends in Maine, 306,000 people. the household books in Maine look fundamentally opposed to the mission Now, I want to touch on an aspect of of the agency they have been asked to this that I don’t think has been dis- good. lead. To me, that just doesn’t make cussed much in these debates; that is, That is what really bothers me about sense. That is why I voted against the burden of anxiety about health this policy. We are trying to improve Betsy DeVos 2 days ago because I care and the cost of health care that our miserable budget situation by didn’t believe that she had the best in- was lifted from generations of seniors shifting a great deal of these costs off terests of American education—par- in this country by the passage of Medi- to individuals. That is just wrong. ticularly public education—at heart. care, now some 50-plus years ago. As Medicare is too important financially, Her whole career has been about at- you get older, there is anxiety about emotionally, psychologically. It is too tacking and undermining public edu- retirement, there is anxiety about in- important as an essential part of the cation by trying to, in effect, come, there is anxiety about your promise that we have made to each voucherize it, provide vouchers to peo- health, but there is also anxiety about generation of Americans for the past 50 ple to use in other schools which, by the cost of health care. The miracle of years. And to fundamentally change the way, in a rural State like Maine, that Medicare was that it lifted that that and realize, I believe cynically, simply wouldn’t work as a practical burden of anxiety from our seniors. It that as the gap increases over time, the matter. So I could not support her be- was one thing they didn’t have to percentage of the premiums that is cause I felt she was hostile to the very worry about. ‘‘I have Medicare’’ have being shifted onto seniors is going to premise of the agency that she was been the words that have comforted grow over time, until at some point— being asked to lead. thousands and millions of people in and you can do the arithmetic—it is Today, I come to the floor to talk this country since 1965. going to eat the whole thing. And the about Dr. PRICE. I think he falls into To change the fundamental premise Federal share, yes, will be capped—or the same category. I understand policy of Medicare, which is what Dr. PRICE capped at some lower level, and the differences, and I understand the elec- has advocated for vigorously and con- share that is paid by the individual, by tion took place, and I understand elec- tinuously, from the current system, the family, by your mom, by your dad tions have results and that there are which is, if you get sick, if you have is only going to be greater. That is going to be different policies, but his hospitalization, if you need medical wrong. That is a breaking of the prom- policies on the fundamental mission of care and you qualify for Medicare, it is ise that we made to our seniors. the Department of Health and Human paid for. To change that to a system Services are just inimical to what that which is essentially a voucher, which is The second piece where Dr. PRICE, I Department was established to do for capped at some level of inflation but believe, is fundamentally at odds with the American people. The title is not the health care level of inflation, is the premise, with the mission of the Health and Human Services, and that a cruel trick on our seniors. What it agency, is in Medicaid. He has talked is the role that Department has played will do is, through compounding of in- about various programs. First, let’s get and should play and will play in the fu- terest, if inflation is 2 percent a year, rid of the expansion of Medicaid and ture of America. and medical inflation—the cost of med- the Affordable Care Act and then let’s Now, my problems with Dr. PRICE ical treatment—increases at 4 or 5 or 6 block-grant Medicaid and send it to the and his positions—and there is no percent a year, which is typical of what States. It is the same principle: It is doubt about his positions on various has happened in the last 15 or 20 years; shift and shaft, only this time you are issues. He has a long record in the there have been ups and downs, but 4, 5, shafting the States. You are taking a House of Representatives writing and 6 percent is about where medical infla- program which now says, if you have legislating and advocating, so there is tion has been. So if inflation is at 2 medical expenses and you are qualified, not much argument about where he percent, and that is what your voucher they are paid for, and you are saying, stands, and there are really three areas is going to increase to, and medical OK, in the future, we will give you a that I want to touch on tonight. One is costs increase at 6 percent, that gap is fixed amount of money, but if the med- Medicare, one is Medicaid, and one is going to grow to the point where we ical expenses go up, it is on you, Mr. the Affordable Care Act. I want to try are back where we were in 1964, before State; it is on you, State of Maine or to put these all in the context of my the passage of Medicare. Then, seniors Michigan or California or Georgia or home State of Maine. suddenly have to worry about how they Florida, or anywhere in this country.

VerDate Sep 11 2014 08:29 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.112 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1054 CONGRESSIONAL RECORD — SENATE February 9, 2017 It is simply, again, repairing the mis- treatment. I learned this week that he he is gone and I am here, and that is erable books of the Federal Govern- is gone. He is gone, taken by the not fair. That is not fair. ment because we are not facing up to scourge of drugs. I have said since I got here that the our responsibility to pass reasonable These are real people. These are real Affordable Care Act isn’t perfect. It budgets. It is fixing those books at the people. These aren’t just numbers and can be changed; it can be fixed. I hear expense of somebody else. Those mon- statistics. In the next hour, as we are every now and then that my colleagues eys they are talking about: a $2 trillion here debating this nomination, four are saying: Let’s repair it. I am all for cut in Medicaid. Great, Medicaid is people in America are going to die of it. Let’s repair it. Let’s get over this going to look a lot better, but that $2 overdoses—four people an hour. And talk about repeal. But Dr. PRICE has trillion doesn’t evaporate and doesn’t when you think of how we mobilized been one of the leading voices, if not go anywhere. It is not like everybody is this country and the money we spent the leading voice, in the Congress to going to say: Well, they are cutting to deal with Ebola where one person repeal the Affordable Care Act. I don’t Medicaid so we are going to charge less died—one person in the whole coun- know his exact voting record, but I sus- for our hip or for our surgery or for our try—and yet we have this horrible dis- pect he voted for every one of those re- treatment of drug abuse. It is going to ease and scourge that is just deci- peals in the House 60, 70 times over the have consequences. It is going to come mating our societies and we are talk- last couple of years: Repeal, repeal. out of treatment. It is going to come ing about cutting back one of the basic Well, you are repealing people’s health care. out of health. props for providing treatment. We have He doesn’t want to have the patient There is something about Medicaid cases where we—there is a huge back- protections in the Affordable Care Act, that often isn’t observed. I learned this log of treatment beds. the ones that keep it so that you can’t as Governor. People think of Medicaid I have been working on this problem in Maine for a long time. One of the discriminate against women in health as a kind of welfare program, and there insurance because they are women. things I have learned is that once a are these people who are taking advan- And there have to be preventive serv- person who is addicted reaches a stage tage of it, and perhaps there are. There ices. Preexisting conditions—he says: where they are willing to ask for help, are always people who take advantage They have to insure; they have to keep we have to be there—then. To say to of programs. you on for the preexisting condition. that person there will be an opening in The truth is, the majority of the But if you lose your health insurance funds for Medicaid go to people in nurs- 3 weeks or 3 months is akin to a death for a few months, sorry. The clock ing homes—your parents, your uncle, sentence because they might not be stops, and you can’t get it again be- your aunt. Nursing home expenditures able to make it 3 weeks or 3 months; cause of a preexisting condition. That for the elderly are a significant cost for yet that is the situation in much of the is one of the most important and fun- Medicaid. Medicare doesn’t pay nursing country today. That is the situation, damental promises of the Affordable home expenses except for a limited pe- and we are talking about knocking one Care Act, yet he wants to get rid of it. riod of time, but a great deal of Med- of the props out from under our ability Here is the reality in Maine. We are icaid expenses go to nursing homes. to deal with this horrible public health a rural State. We have a lot of rural You are going to cut Medicaid? You are crisis that is devastating this country hospitals. I urge every Member of this going to have people who aren’t going in every State, but particularly in body to talk to their hospitals. I have to be able to afford to stay in nursing rural States. It is taking people out of done it. I have gone to the hospitals homes. That is going to shift that cost the workforce that we need, it is tear- and sat down with them. I did it as re- back on to the family. ing families apart, and it is affecting cently as 2 weeks ago with a small The other majority of people on Med- everybody. It is not just certain people rural hospital, the Penobscot Valley icaid are children. They are children in certain places. It is everybody. It is Hospital in Lincoln, ME. They told me who are covered who wouldn’t have middle-class families. It is people of all the repeal of the Affordable Care Act coverage otherwise. ages. would cost them $1 million a year, and One of the best things in this country To blithely talk about we are going they can’t afford it. I have been to the is the combination of Medicaid and to block-grant Medicaid and fix the Bridgton Hospital. I have talked to CHIP, which has resulted in an enor- amount—it is the same as what I said people from—not all, but many of our mous increase in the covered health about Medicare; the iron law of the small hospitals, and 50 to 60 percent of coverage of children. And it is so im- percentage changes. If you fix it today our rural hospitals are running in the portant because health problems in and inflation continues, then ulti- red right now. The Affordable Care Act children that can be dealt with when mately it withers away, and it is not has provided insurance coverage to they are young, when they are chil- going to meet the needs of our people. people who are the customers of those dren, when it is covered by insurance, Yet that is what the nominee for the hospitals, and the estimates are that can save us enormous costs later on. Department of Health and Human repeal of the Affordable Care Act with- So, again, what does Dr. PRICE want Services wants to do. I don’t get it. out a reasonable replacement would re- to do? Cap, eliminate ACA expansion of Finally, there is the Affordable Care duce their revenues anywhere from 5 to Medicaid, and block-grant it. Act. I have talked on this floor before 8 to 10 percent. These hospitals can’t Let’s not kid ourselves. Block-grant- about the Affordable Care Act and why stand that kind of cut, and they have ing is shifting and shafting to those el- I feel so passionately about it, how told me there are only two choices: One derly people who would lose coverage having insurance when I was a young is to shrink their services to their com- for nursing homes, to the children who man saved my life, how not having in- munities, and the other is to close need the coverage, but most especially, surance costs lives. their doors. to the States. As a former Governor, I The mathematics is pretty clear. In Maine, in our rural State, we have can see the impact of this on my State There have been a number of studies: only 16 counties. In 8 of our 16 counties, of Maine. It is a difficult issue, and if For every million people who don’t the hospital is the largest employer in we limit it, the only option will be to have insurance, there are a thousand that county. I am sure that is true in limit coverage or to cut back. people who die prematurely. The Af- all of the States in our country that Of course, Medicaid is one of the fordable Care Act now covers some- have these small rural hospitals; the places we are covering the treatment of thing in the neighborhood of 22 million hospital is the major employer. So opioid addiction. The greatest public people, so here is the arithmetic: 22,000 again, when we are talking about cut- health crisis in this country in my life- premature deaths a year. This isn’t ide- ting the Affordable Care Act and all time is the opioid crisis. We are losing ology. These are people. To ignore that these policy things and ideological 1 person a day in the State of Maine to and say we want free markets and free things, what we are doing is cutting overdose deaths—1 person every day. I choice—free choice means death for a jobs in small towns that can’t afford to met a young man at Christmastime at lot of people. It meant death for a lose them, and they are good jobs. If a treatment center. I went to the young man who had what I had 40 years that is what you want to do, fine. But Christmas party and met his family ago and didn’t have insurance, didn’t fess up and understand that is the con- and he was hopeful and he was under get a checkup, didn’t have surgery, and sequence of policies that are espoused

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.114 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1055 enthusiastically by this nominee for den of anxiety and fiscal drain that country. Anybody in legal services to- the Department of Health and Human they can’t afford that they have avoid- night will be very proud, as I am, be- Services. It doesn’t make sense to be ed for 50 years. cause what it is all about is standing putting someone in charge of an agen- The final point is that this man’s up for people, and the Senator has said cy that is supposed to be looking out policies are at odds with those of his it very well. for the welfare and the health of our boss. Through the campaign, President Mr. President, we will be having our citizens who is diametrically opposed Trump issued pretty much ironclad closing remarks here in perhaps an to maintaining the health and welfare guarantees to seniors that he was hour and a half or thereabouts. We of our citizens. going to maintain Medicare, maintain have several Members of the Senate In Maine, we have 75,000 people on Social Security, but then he appoints a who are on their way for their re- the Affordable Care Act. I know people guy whose whole professional career marks, and several Members of the who have it who couldn’t have cov- has been aimed at undermining Medi- Senate have discussed various elements erage otherwise without those sub- care. I think they had better get on the of the serious and unanswered ethics sidies. But he is not going to allow same page. I don’t always agree with questions surrounding Congressman those subsidies anymore. It is every President Trump, but in this case I PRICE’s nomination. It is my view that man for himself. Every man for himself think he is right. I wish he would whis- these are issues that have set off loud means a lot of people fall by the way- per into the ear of his nominee: You ethical alarm bells. side, and that is wrong. That is wrong can’t have it both ways. You are either I want to take a little bit more time in Maine, and I can’t vote for somebody for it or you want to gut it. That is to lay out the full story here. who is going to put a dagger in the what we are facing in this vote. The stock trades Congressman PRICE heart of these citizens of Maine. I can- This is a vote of conscience for me. It made while working on health care pol- not do it. My conscience will not let is also a vote about my State. I love icy do, in fact, raise serious ethical and me. those people. I know them. I started legal questions. None of Congressman So on Medicare, shift and shaft to the out as a legal services attorney in a PRICE’s stock trades raise more ques- seniors. On Medicaid, shift and shaft to small town in Maine. My first boy was tions than the hundreds of thousands of the States. On the Affordable Care Act, born in that town, in a little, rural hos- shares he bought in the obscure Aus- shift and shaft to those people who pital that is struggling. I can’t stand tralian biotech company known as In- need health insurance and the hos- by and see someone take over this De- nate. His stock in this company is by pitals in our communities, the hos- partment who is going to do harm. far his largest of holdings, both in terms of the hundreds of thousands of pitals in those communities. If you That is the medical creed, isn’t it? Do shares he owns and the value of those take paying customers away, it is a no harm; that is the oath. But we are shares, and that exceeds a quarter of a double whammy: You lose the revenues talking about harm to seniors, to chil- million dollars. from the customers, and then you have dren, to people with insurance who will Congressman PRICE told the Finance to treat them as charity care. It makes not have it. We are talking about real the bottom line in these hospitals even Committee that he did not get a spe- harm. cial deal. He told the Health, Edu- worse. As I said, they have told me in That is why I come to the floor to- cation, Labor Committee that he did my State—and I suspect this is true night to urge my colleagues to reject not get a special deal. But the fact is, practically everywhere—50 to 60 per- this nominee. If the President wants to Congressman PRICE paid bargain-base- cent of our hospitals are skating on the put somebody forward who is conserv- ment prices for Innate stock in a pri- edge. They are in negative territory. ative and has ways of fixing some of vate sale last August. The private They are in the red, and we are going these things and thinks some improve- stock sale was limited to a small group to cut their revenues by 8, 10 percent? ments should be made—and we don’t of well-connected American investors. It is unconscionable. It is truly uncon- have to do everything the way we have Congressman PRICE’s participation scionable. That is a word used around always done it. I’m not arguing that. has been described as a ‘‘sweetheart here sometimes, but this is it. But goodness, gracious, don’t give us a deal’’ by Kaiser Health News and a All in the name of some kind of ide- nominee whose whole career has been ‘‘privileged, discounted offer’’ by the ology, we want to go back to the spent aimed at undermining and dimin- Wall Street Journal. health care—I can’t believe we are de- ishing and gutting the very programs As I said during his nomination hear- bating Medicare, a program that has that have meant so much to the people ing, Congressman PRICE’s participation been so successful and so important to of America. in the private stock sale showed bad seniors throughout the last three to I am voting no on this nominee. I be- judgment at best. At worst, it raised four generations. We are now debating lieve my colleagues should do so as serious questions about whether he vio- it? It doesn’t make any sense. To put well. lated the STOCK Act or other security somebody in charge of the Department Mr. President, I yield the floor. laws. I will take a minute to read sec- of Health and Human Services that is The PRESIDING OFFICER. The Sen- tion 3 of the STOCK Act. It says: inimical to Medicare, Medicaid, and ator from Oregon. ‘‘Members of Congress . . . may not use the Affordable Care Act—this guy is a Mr. WYDEN. Mr. President, before nonpublic information derived from wrecking ball. He is not a Secretary. Senator KING leaves the floor, let me such person’s position . . . or gained He is going into this agency to destroy just say, as one who ran the legal serv- from the performance of such person’s it. He wants to undercut and diminish ices for the elderly program in Oregon, official responsibilities as a means for and, in some cases, literally destroy that the Senator makes all of us in making a private profit.’’ some of the major underpinnings of legal services proud tonight. Senator It is well known that Congressman providing health care to people in this KING has really put a face on what is at PRICE learned about Innate from a country. stake here in the way he has focused on House colleague, Congressman CHRIS If we were sitting in this body and the opioid scourge that is hammering COLLINS of New York. COLLINS is not somebody walked by me and was areas from coast to coast. Rural health just a casual reader of the Australian stricken by a heart attack and fell on care—without rural health care, we business pages; he is actually a mem- the floor, I would help him. Every one can’t have rural life. It is just that ber of the company’s board and its of us would help him. I suspect Dr. simple. Certainly when we get to the largest shareholder. PRICE would help him. He would be the closing here in perhaps an hour and a This raises additional questions: Did first one there. But by these changes, half or so, we are going to get to the Congressman PRICE have access to non- what we are doing is having people fall bottom line, as the Senator did. I think public information about Innate or its by our side and ignoring them in large these changes take America back to private stock because of his position as scale across the country. It is just as the day where health care was for the a Member of Congress? Did he get spe- real as if it is happening right before healthy and wealthy. cial access to the discounted private our eyes. Twenty-two thousand people So I thank the Senator for his pas- sale because of his position? Does he will die if health insurance is lost pre- sion and his commitment to his citi- stand to profit because of the informa- maturely. Seniors will take on a bur- zens, but also to the people of this tion or access he may have received?

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.118 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1056 CONGRESSIONAL RECORD — SENATE February 9, 2017 Finally, did Congressman PRICE tell licans seek to race Congressman PRICE said Mr. Price asked if he could participate the Finance Committee the truth across the confirmation finish line. in it. ‘Could you have someone send me the about how he learned about the private The day after the Wall Street Jour- documents?’ Mr. Collins recalled Mr. Price asking him.’’ stock sales and the ability of typical nal story ran, I wrote my own letter to a. Please identify any meeting or commu- investors to participate? Innate’s CEO, Mr. Wilkinson. I asked nication between you, the company, its offi- Congressman PRICE would have us be- the company to respond to the article cers, employees, directors, consultants or af- lieve that he decided to make these in- and the inconsistencies in Mr. PRICE’s filiated personnel, and Congressman Price. vestments based on his own research explanations and for documentation of In so doing, please include the person or per- into the company. That is what he told details of the private stock sales. The sons involved in such communication or the Finance Committee. company refused to answer my letter. meeting, the date, method, location of the Let me quote from the Wall Street This looks to me like a coverup, and communication, and the subject of the communication. Journal’s article published January 30: it ought to shake this body’s con- b. Please provide any e-mail or other writ- Mr. Price wasn’t in line to buy shares in fidence in Congressman PRICE’s nomi- ten communications between you, the com- the last private placement because he hadn’t nation. This situation, in my view, de- pany, its officers, employees, directors, con- previously participated in private fund- mands that further questions be asked sultants or other affiliated personnel, and raising rounds. . . . Mr. Price first invested and answered. Instead of taking time Congressman Price. In addition, please pro- in the company a year ago, buying shares to explore these issues, Republicans vide any documents transmitted by Innate through the open market on the Australian to Congressman Price, and any document exchange. He learned about the company took the unprecedented step of sus- Congressman Price transmitted to the com- from Mr. Collins, who holds a 17 percent pending the Finance Committee’s rules pany. stake in it. Mr. Collins said Mr. Price is ‘‘one to rush this nomination to the floor be- 2. Regarding the August 2016 private stock of my friends’’ and that he sits ‘‘next to fore any more questions could be placements reference in the company’s No- him’’ on the House floor. . . . Mr. Price got asked, let alone answered. tice of Annual General Meeting and Explana- it on the discounted sale after Mr. Collins In years past, as with the nomina- tory (‘‘Notice’’) on July 25, 2016: a. Please describe how Innate found and so- filled him in on the company’s drug trial, actions of Senator Daschle, Secretary cording to Mr. Collins. licited potential buyers for the private stock Geithner, and Ambassador Kirk, the sale in August 2016. In so doing, please pro- The fact is, you don’t just get in on Finance Committee left no stone vide all dates that solicitations or other a private stock offering by accident. As unturned in the vetting process. Not communications regarding the stock sale the Wall Street Journal explained, this time. The majority party, in my was sent to investors. Please also note any Congressman PRICE didn’t originally view, is on its way to an ethical double differences between how U.S. and non-U.S. even meet the criteria for participating standard to cut off the vetting process. investors were solicited. Please provide the number of U.S. investors at the time of the in the 2016 private offering because he That leaves me with a question for hadn’t participated in any previous of- solicitation, the number of U.S. investors Congressman PRICE and my Republican who were solicited, the number who agreed ferings. Yet he was able to buy over colleagues in the Senate: What is there to participate, and the number who were 400,000 shares of stock with Congress- to hide? considered accredited, ‘‘friends and family,’’ man COLLINS’ help. Mr. President, before I continue, I or met some other classification or category. My view and the view of my Demo- ask unanimous consent to have printed Please provide any and all solicitation mate- cratic colleagues is that Congressman in the RECORD the letter that I sent to rials, offering documents, or other informa- PRICE failed to come clean with the Simon Wilkinson, chief executive of In- tion related to the sale that were sent to Senate Finance Committee on the de- participants in the placement. nate, on January 31, 2017. b. Please describe the criteria by which the tails of the special discounted deal. He There being no objection, the mate- company determined who could participate has assured the committee he followed rial was ordered to be printed in the in the sale both within the U.S. and outside the law, but straightforward questions RECORD, as follows: the U.S. Please provide supporting docu- have been met with dodging, weaving, UNITED STATES SENATE, mentation regarding the company’s criteria and obfuscation. Details of his pur- COMMITTEE ON FINANCE, for participants in the sale, if the not con- chase continue to emerge, and the Washington, DC, January 31, 2017. tained in the offering documents described in public’s understanding of his involve- Mr. SIMON WILKINSON, Question 2(a). Chief Executive Officer, c. It has been reported that these private ment continues to evolve. offerings were made available—in the U.S.— Meanwhile, as scrutiny of the deal Innate Immunotherapeutics Limited, Sydney, Australia. only to shareholders who had previously par- continues to mount, Innate’s top ex- ticipated in private stock placements. Is it ecutives are defending Congressman DEAR MR. WILKINSON: As part of the U.S. Senate’s constitutional duty to confirm pres- correct that shareholders had to have pre- PRICE at the behest of his colleague idential appointments, I have been reviewing viously participated in Innate’s private Congressman COLLINS, who sits on the the record of U.S. Representative Thomas stock placements? i. Please provide any documents that de- company’s board of directors. Edmunds Price, who has been nominated to scribe eligibility for the August 2016 private After the Wall Street Journal story be the Secretary of the U.S. Department of placements, if not already provided in re- Health and Human Services. was published, the company and Con- sponse to Questions 2(a) or 2(b). To that end, I am writing to you seeking gressman PRICE went into spin control. ii. Did Congressman Price participate in prompt assistance in providing information The public knows this only because any private stock placements prior to the and documents related to Congressman Congressman COLLINS made a mistake August 2016 private placement? Price’s investment in Innate. Please provide d. Based on interviews with you and Con- that everybody who uses email for the requested information and documents: work has seen made at least once: He gressman Collins, the Wall Street Journal 1. The New York Times reported that ‘‘Mr. reported that Congressman Price qualified mistakenly hit ‘‘reply all’’ when re- Wilkinson and Michael Quinn, Innate’s for the August 2016 private placements in the sponding to an email from the com- chairman, said they had never heard of many U.S. as one of six ‘‘friends and family’’ solic- pany’s CEO, Simon Wilkinson. Instead of the company’s more prominent investors, ited for the sale. of a private note to Mr. Wilkinson, the and said they first learned that Mr. Price i. Was Congressman Price one the ‘‘friends note wound up going to a CNN reporter had invested in the company from an article and family’’ participants described by the in The Wall Street Journal [published online covering the story. Wall Street Journal? December 22, 2016], which first reported his ii. What were the requirements for ‘‘friends In the email, Congressman COLLINS, investment.’’ and family’’ participation? the company’s top shareholder, said In written response to questions from the iii. Please provide any and all offering doc- the Wall Street Journal was ‘‘yellow Committee, Congressman Price said ‘‘I com- uments that were provided to this class of journalism,’’ and he thanked Innate’s municated with Representative Collins, who participants for the August 2016 sale. Please chief executive, Mr. Wilkinson, for de- is a director of Innate. As noted above, I provide any and all documents that show the fending Congressman PRICE and the learned about Innate through a general con- company’s eligibility criteria for deter- company. According to CNN, Congress- versation with him in the fall of 2014. I also mining this class of participant in the Au- communicated with Simon Wilkinson of In- gust 2016 sale. Please provide any and all man COLLINS acknowledged the email nate regarding my interest in participating documents that describe eligibility for this to be authentic. in the 2016 private placement of company class of participant in the August 2016 pri- The Finance Committee’s own expe- stock.’’ In addition, the Wall Street Journal vate placements. rience with Innate only adds to the reported that ‘‘Mr. Collins said he told Mr. e. Did the names of individual participants sense that there is a coverup as Repub- Price of the additional private placement. He or criteria for participation in the August

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.121 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1057 2016 sale come before Innate’s officers or its in his sprawling portfolio of health QUESTIONS FOR THE RECORD board of directors for consideration, includ- care stocks? The answer is, the Con- ‘‘THE HONORABLE THOMAS E. PRICE NOMINATION ing Congressman Price? If so, please describe gressman learned about Innate in 2014 HEARING FOR HHS SECRETARY’’ HEARING what actions or consideration officers or di- DATE: JANUARY 24, 2017 rectors took. Please provide any supporting during a conversation with his col- QUESTIONS FOR THE RECORD FROM RANKING documentation of the selection decisions. league, Congressman COLLINS of New MEMBER RON WYDEN f. Did the company use an investment York. As I indicated, Congressman banker or other agent for the August 2016 Innate Immunotherapeutics purchases COLLINS sits on Innate’s board of direc- private placements? If so, please provide the 5. The nominee owns 461,238 shares of In- name of the bank or agent and its employees tors. Congressman COLLINS is also the nate Immunotherapeutics Ltd. (‘‘Innate’’), a who were involved in the sale. company’s largest shareholder, holding small Australian biopharmaceutical firm de- g. What role did Congressman Collins—a 38 million shares. Congressman COL- veloping a multiple sclerosis therapy. The nominee acquired the stock in four separate director and Innate’s largest stockholder— LINS’ adult children, his chief of staff, purchases on January 8, 9 and 23 of 2015 play in the U.S. 2016 private placements? and many of his political backers are Please provide the requested information (‘‘2015 tranche’’), and in a pair of private and documents via email on a rolling basis also heavily invested in the company. I stock placements on August 31, 2016 (‘‘2016 as they become available. Please contact my am going to touch on those issues in a tranche’’). Regarding Innate: staff at +1 (202) 224–4515. Thank you to your few minutes. a. Question: Please describe how and when prompt attention to this matter and your the nominee first learned about Innate. timely response. According to disclosures with the Answer: I previously answered this ques- Sincerely, House Ethics Committee, Congressman tion for the SFC. I learned about Innate dur- RON WYDEN, PRICE bought some 61,000 shares of In- ing the course of a conversation in the fall of Ranking Member. nate stock in 3 separate purchases dur- 2014 with Representative Chris Collins regarding their respective personal back- Mr. WYDEN. I would also refer my ing January of 2015. At the time, the grounds. I cannot recall the specific date of colleagues to the following news arti- stock was trading at roughly 10 cents a that conversation. During that exchange, cles: ‘‘Trump’s HHS Nominee Got A share. Congressman PRICE testified to Representative Collins told me that he sat Sweetheart Deal from A Foreign the Health, Education, Labor, and Pen- on a number of public company boards in- Biotech Firm,’’ a story published by sions Committee that he directed his cluding Innate, which was developing a treatment for multiple sclerosis (MS), Kaiser Health News on January 13, broker to make the January 2015 pur- 2017; ‘‘Representative Tom Price Got b. Question: Did the nominee or his staff chases. Privileged, Discounted Offer on Bio- ever meet or otherwise communicate with Fast-forward to August 2016. Con- current or former employees, directors, con- medical Stock, Company Says,’’ a sultants or other officials affiliated with In- story published by the Wall Street gressman PRICE bought another 400,000 nate. If so, please describe the communica- Journal on January 30, 2017; and ‘‘In shares of Innate as part of a private tion, including who it involved, the date, accidental ‘reply all’ to reporter, Col- stock sale for U.S. investors. When the subject, place and form (e.g. in person, by lins thanks CEO for defending HHS private sale took place, Innate’s shares phone of communication. Answer: I previously answered this ques- nominee,’’ a story published by CNN on were trading on the Australian Stock January 31, 2017. tion for the SFC. Exchange for the equivalent of 31 I communicated with Representative Col- Mr. President, I wish to now discuss American cents. Participants in the lins, who is a director of Innate. As noted what is known about the facts and tim- private sale got the shares at a deep above, I learned about Innate through a gen- ing of Congressman PRICE’s investment discount. eral conversation with him in the fall of 2014. in Innate. This is a timeline that is I also communicated with Simon Wilkinson based on public documents, press re- In written testimony to the Finance of Innate regarding my interest in partici- ports, and information the nominee Committee, Congressman PRICE said he pating in the 2016 private placement of com- provided the Finance Committee. paid 84,000 American dollars to buy the pany stock. According to Innate’s website, If you have never heard of Innate 400,000 shares. He bought 250,000 of Mr. Wilkinson is currently the Managing Di- rector and CEO of Innate. until the last few weeks, you would be those shares for 18 American cents per My Congressional staff has not met or oth- forgiven. The New York Times de- share in one private stock placement. erwise communicated with current or former scribed it as a ‘‘tiny pharmaceutical He bought another 150,000 shares for 26 employees, directors, consultants or other company from Australia that has no American cents each in a second pri- officials affiliated with Innate. c. Question: Please describe any commu- approved drugs and no backing from vate stock placement. Congressman flashy venture capital firms.’’ Innate nication between the nominee and Congress- PRICE’s House Ethics Committee dis- has fewer than a dozen full-time em- man Collins regarding Innate closures showed that he acquired the Immunotherapy, including the date, subject, ployees. The company’s stock was first place and form. listed on the Australian Stock Ex- stock on August 31. On that day, Innate’s stock was trading for the U.S. Answer: I previously answered this ques- change in 2013, and until recently its tion for the SFC. market capitalization was well below equivalent of 31 cents a share on the I had a conversation with Representative $100 million. Innate has never gen- Australian Stock Exchange. In my Collins in the fall of 2014 that brought In- erated revenue from drug sales. It has book, that is a special deal. nate, as a company, to my attention. The nature of that conversation did not, however, repeatedly teetered on the brink of The bottom line is that Congressman running out of cash. It has just 2,500 influence my decision to invest in the com- PRICE bought these shares for $40,000 pany in either 2015 or 2016. shareholders. By way of comparison, a less than an average investor would I believe I had subsequent general commu- major American pharmaceutical com- have paid to buy the same amount of nications with Representative Collins re- pany could have hundreds of thousands stock off the open market. That is garding Innate. I do not have a specific recol- of shareholders. lection of when those conversations occurred nearly 33 percent off the price on the Innate is planning to submit an in- or their substance. Any such communica- vestigational drug application to the Australian Stock Exchange at the tions did not impact my investment deci- Food and Drug Administration, and its time. Since that time, Innate’s stock sions, however, because my purchases of In- nate stock were based solely on my own re- ultimate goal is to one day sell itself to has more than doubled. These facts are not in dispute. search. a large pharmaceutical manufacturer, d. Question: The nominee bought 400,316 which would take its early-stage exper- Mr. President, I ask unanimous con- shares in the 2016 tranche in a private stock imental therapy to market. sent to have printed in the RECORD sale that included two placements at two prices. Please provide the number of shares What I am describing is, this com- Congressman PRICE’s written testi- pany is the poster child for obscure bought in each placement, and the price at mony in response to my questions for which the shares were bought. companies. It is so small and so ob- the record as part of his nomination scure, it doesn’t even have a Wikipedia Answer: I previously answered this ques- hearings. tion for the SFC. I purchased 250,000 shares page. So the question is, How did Con- of Innate in Private Placement 1 at US$0.18/ gressman PRICE come to learn about There being no objection, the mate- share—the same price offered all partici- this company, and how did he decide to rial was ordered to be printed in the pants in this private placement. I purchased make it the single largest investment RECORD, as follows: 150,613 shares of Innate in Private Placement

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A09FE6.010 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1058 CONGRESSIONAL RECORD — SENATE February 9, 2017 2 at US$0.26/share—the same price offered all more in July at 26 cents a share, Mr. Collins until after it already had been com- participants in this private placement. said in an interview. Those orders went pleted. So unless an investor was on Mr. WYDEN. I also refer my col- through in August, after board approval. Mr. the company’s short list of go-to peo- leagues to the following news articles Price invested between $50,000 and $100,000 according to his disclosure form. . . . ple, they were just excluded. and documents: ‘‘Australian Drug Mr. Wilkinson said investors who had Second, the company’s documents Maker has Low Profile but Powerful bought in a previous private placement were clearly show that Congressman PRICE Backers in Washington,’’ printed in the called to ‘‘make friends and family aware of and other participants in the private New York Times on January 13 of this the opportunity. . . . We are always looking stock sale were able to buy far more year; ‘‘Aussie shareholding puts heat to increase our shareholder base. But those discounted shares than the company’s on President’s Ally,’’ published in the new parties have to meet the definition of typical investors. Innate documents sophisticated financial investor.’’ Only six Australian on February 6 of this year; U.S. investors, including Mr. Price, fell into showed that the company restricted the 2016 Annual Report to Shareholders the friends-and-family category, Mr. Collins the number of shares the typical inves- of Innate; a periodic transaction report said. About 10 more U.S. investors were of- tor could buy in the rights issue to just that Congressman PRICE filed with the fered discounted shares by the company be- one new share for every nine they al- House Ethics Committee on September cause they previously had been invited to ready owned. No such limit appears to 12, 2016; a list of the 20 largest investors partake in private placement offerings. have been imposed on Congressman in Innate dated January 17, 2017; and a In other words, Congressman PRICE PRICE and the other American partici- stock price history of Innate. not only got a deal that wasn’t pub- pants in the private stock sale. In fact, I wish to turn to the issue of mis- licly available, he was in a special Congressman PRICE owned just over leading testimony. What remains unre- group of six investors in a special cat- 60,000 shares at the time of the sale. His solved are major inconsistencies be- egory called ‘‘friends-and-family,’’ participation in the private stock sales tween Congressman PRICE’s testimony whereas other American investors got allowed Congressman PRICE to buy to the Finance Committee, statements in on the private deal because they pre- 400,000 more shares. If Congressman by Congressman COLLINS, and state- viously participated in the company’s PRICE had been held to the same rules ments by Innate’s CEO Simon private placements. Congressman as everyday investors, he would have Wilkinson published last week in the PRICE bypassed that requirement. He been restricted to buying less than Wall Street Journal. got in as what could only be called a 7,000 shares. Simply put, Innate’s chief executive special guest—a ‘‘friends-and-family’’ The bottom line to me is what Con- and Congressman COLLINS, the com- guest of his House colleague, Congress- gressman PRICE said was untrue. The pany’s top shareholder, provided one man COLLINS. deal Congressman PRICE got was not version of events to one of the world’s As I mentioned earlier, when I asked open to every other shareholder. And most respected newspapers. Congress- the company how Congressman PRICE again, when I sent a letter last week to man PRICE provided a different version was able to get this special status, the the Innate CEO, asking him to explain of events to the Finance Committee company refused to provide an expla- all of this, he declined. He told my staff and the Health committee. These in- nation. The Wall Street Journal also that as an Australian firm, the com- consistencies are among the reasons reported a key distinction between pany had no obligation to cooperate. that Democrats boycotted last week’s U.S. investors and the company’s So to recap, Congressman PRICE told Finance Committee markup. The Sen- shareholders in Australia and New Zea- the Finance Committee and the Health ate has an obligation to know the truth land. The paper reported: Committee that the stock sales he par- about these transactions in order to The discounted stock offered in Innate ticipated in were open to all share- Immuno, as the company is known, was holders. That is not true. The private protect the integrity of this body and made to all shareholders in Australia and its constitutional duty to consider ex- New Zealand—but not in the United States, sale does not appear to have been wide- ecutive branch nominees. according to Mr. Collins and confirmed in a ly marketed to American investors and Now, with respect to exclusivity of separate interview with Innate Immuno CEO was certainly not advertised in the the sale, Congressman PRICE told the Simon Wilkinson. company’s public documents. The pri- Finance Committee that the August The Wall Street Journal’s account is vate sale reportedly included less than sale was available to all Innate share- supported by company documents, spe- 20 American investors. Congressman holders, which contradicts what cifically a ‘‘Rights Issue Booklet’’ that PRICE was part of an even smaller sub- Innate’s management told the Wall Innate published on June 10, 2016. The group known as friends and family, in- Street Journal. Congressman PRICE booklet noted that the shareholders vited by other investors—in this case, was definitive in his response to my would buy one new share for every nine by his House colleague, Congressman question during the hearing. shares they already own. The booklet COLLINS. How many people were eligi- Reading back the transcript, I said: noted that the shareholders would have ble to be in the friends and family ‘‘Well, you purchased stock in an Aus- ‘‘the option to pay for their new shares group? Just six. tralian company through private offer- in either Australian dollars or New That brings me to the next issue, ings at discounts not available to the Zealand dollars.’’ The booklet goes on which is, How did Congressman PRICE public.’’ to describe the private stock sale in learn about the special sale in the first Here is Congressman PRICE’s re- which Congressman PRICE participated. place? Congressman PRICE told the Fi- sponse: ‘‘Well, if I may, those—they I will read briefly from the book: nance Committee his conversations were available to every single indi- In conjunction with this rights issue, In- with Congressman COLLINS had no in- vidual that was an investor at the nate announced that it also completed a pri- fluence on his investment decisions. time.’’ vate placement at an issue price of U.S. 18 I am going to again quote from his That is not what Innate executives cents, raising U.S. $1.8 million. written response to questions for the told the Wall Street Journal. Here is The booklet states clearly that the record asking Congressman PRICE to an extended passage from the Wall private placement was announced on describe the communications with Con- Street Journal: the June 10, 2016, the same day Innate gressman COLLINS regarding Innate. Rep. Tom Price got a privileged offer to announced the rights issue for inves- Congressman PRICE said: buy a biomedical stock at a discount, the tors in Australia and in New Zealand. I had a conversation with Representative company’s officials said, contrary to his con- Our staff has reviewed all of the com- Collins in the fall of 2014 that brought Innate gressional testimony this month. . . . pany’s publicly available documents as a company to my attention. The nature of The cabinet nominee is one of fewer than and found no similar advertisements the conversation did not, however, influence 20 U.S. investors who were invited last year for the private placement to American my decision to invest in the company in ei- to buy discounted shares of the company—an investors. So this paper trail pokes ther 2015 or 2016. I believe I had subsequent opportunity that, for Mr. Price, arose from general communications with Representa- an invitation from a company director and more holes in Congressman PRICE’s ar- tive Collins regarding Innate. I do not have fellow Congressman. . . . gument that the private stock sale was a specific recollection of when those con- At Mr. Collins’ invitation, Mr. Price in open to all the company investors. versations occurred or their substance. Any June ordered shares discounted in the pri- First off, the company didn’t an- such communications did not impact my in- vate placement at 18 cents apiece, and then nounce the existence of the private sale vestment decisions, however, because my

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A09FE6.009 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1059 purchases of Innate were based solely on my that is posted on a public Web site so disciplined, or otherwise cited for a breach of own research. the public can see the investment ties ethics for unprofessional conduct before any I am going to quote again from the and investments the President’s nomi- court, administrative agency, professional association, disciplinary committee, or other Wall Street Journal: nees hold, the American people, too, professional group?’’ Mr. Price got in on the discounted sale were kept in the dark about how much In his response, submitted December 21, after Mr. Collins filled him in on the comstock Congressman PRICE held in this 2017, Dr. Price responded, ‘‘No.’’ However, in pany’s drug trial, according to Mr. Collins. company. 2010, the Office of Congressional Ethics Mr. Collins said he told Mr. Price of the addi- In addition, the Congressman was (OCE), an independent office of the House of tional private placement. He said Mr. Price also less than forthcoming in his dis- Representatives, conducted an investigation asked if he could participate in it. ‘‘Could closure of the value of Innate holdings into Dr. Price’s 2009 fundraising activities. you have someone send me the documents,’’ OCE voted 4–0–1 to refer the case to the Mr. Collins recalled Mr. Price asking him. to the Finance Committee. In his re- House Ethics Committee, which, after con- Congressman Price wants us to believe that sponse to the committee questionnaire, ducting a second investigation, ultimately Congressman Collins had no influence on the Congressman PRICE valued Innate found no wrongdoing in 2011. decision to buy Innate stock. But Congress- stock he bought in the private sale be- In written questions submitted to Dr. man Price would not have known about the tween $50,000 to $100,000. However, that Price on January 6, 2017, Committee staff re- company in the first place if he hadn’t amount was based on the $84,000 dis- quested an explanation for the omission of talked to Congressman Collins, and he counted price the Congressman paid to the ethics investigation. Dr. Price stated it was an inadvertent omission and that the wouldn’t have known about the private buy his stocks in the August private placements without hearing about them majority of activities investigated related to from Congressman Collins. stock sale. It was not based on the ac- his authorized campaign committee, rather tual value of the stock on the Aus- than him personally. The information per- Congressman PRICE characterizes his tralian stock exchange—the true value taining to this investigation has been and conversation with Congressman COL- of his holdings. continues to be available on the webpage of LINS in 2015 and 2016 as being general in By December, when he made his dis- the House Ethics Committee. nature. But again, according to the Part F. Financial Data, Question 10, asks closure to the Finance Committee, the Wall Street Journal, Congressman COL- nominees: ‘‘Have you paid all Federal, State, stock price had nearly tripled and the LINS, one, told Congressman PRICE local, and other taxes when due for each of shares he bought in those private sales about the upcoming drug trial; two, the past 10 years?’’ Dr. Price responded, were worth nearly $230,000. In other ‘‘Yes.’’ However, upon examining Wash- alerted him to the private stock sale; words, he told the committee that his ington, D.C. and Nashville, Tennessee real and three, arranged to ensure that he private purchases were less than half estate tax records, Committee staff deter- could participate. To me, this seems the value they really were. mined late tax payments had been made in like more than ‘‘subsequent general relation to rental properties owned by Dr. Mr. President, I ask unanimous con- communications with Congressman Price, totaling $1,583.45 for late payments sent that the following items be print- COLLINS regarding Innate’’ as Congress- made over the past seven years. ed in the RECORD: a memo from Fi- In written questions submitted to Dr. man PRICE put it in his written re- nance Committee Staff to the Finance Price on January 6, 2017, Committee staff response to the committee. Committee, dated January 23 of this quested an explanation for the omission of With respect to reporting to the com- year, and a letter from Congressman the late tax payments. Dr. Price stated that, mittee and the Office of Government regarding the DC property, he believed that PRICE to the Office of Government Eth- Ethics, I would just say that I think I ‘‘late fees and penalties derived from not re- ics dated February 7, 2017, amending described issues—ethical issues—that ceiving timely property tax notices.’’ Re- his public ethics disclosure. are serious enough on their own. How- garding the Tennessee property, the nominee There being no objection, the mate- ever, it took no small amount of effort noted that ‘‘notices regarding property taxes rial was ordered to be printed in the for this rental property . . . were either not to unravel Congressman PRICE’s hold- RECORD, as follows: being received or being wrongly mailed to ings in the company because he failed the tenant at the property and not reaching to fully disclose them to Federal ethics MEMORANDUM FOR FINANCE COMMITTEE the nominee and his spouse.’’ MEMBERS officials, the American people, and the DEPRECIATION OF LAND VALUE AND Finance Committee. I don’t believe From: Senate Finance Committee Staff MISCELLANEOUS EMPLOYMENT DEDUCTIONS this issue would have ever come to Date: January 23, 2017 Committee staff received 2013, 2014, and light if it were not for the work of the Re: Nomination of Dr. Thomas E. Price 2015 tax returns from Dr. Price on December committee’s minority investigations This memo describes the Senate Finance 21, 2016. In addition to the written questions team. Committee staff review of the 2013, 2014, and submitted on December 28, 2016 and January 2015 tax returns, and other documentation of 6, 2017, Committee staff spoke with Dr. On February 7, 2 days ago, Congress- Dr. Thomas E. Price in connection with his Price’s accountant on January 9, 2017. Fol- man PRICE sent a letter to the inde- nomination to be the Secretary of the De- lowing the due diligence meeting with Dr. pendent Federal ethics officials at the partment of Health and Human Services Price, Committee staff then submitted an Office of Government Ethics that (HHS). additional round of written questions to the amended his original public ethics dis- BACKGROUND nominee on January 16, 2017. closure. This letter confirmed the sus- Finance Committee staff conducted a re- Improper Inclusion of Land Value in Deprecia- picions of Finance Committee Demo- view of Dr. Price’s Senate Finance Com- tion Calculations crats that Congressman PRICE’s origi- mittee (Committee) Questionnaire, tax re- Taxpayers who own rental property are nal ethics disclosure to the public un- turns for 2013, 2014, and 2015, and financial generally allowed to deduct depreciation ex- derstated the value of his Innate stock disclosure statements. As part of this review, penses associated with the wear and tear of a due diligence meeting was held with the those buildings. Taxpayers are not, however, holding by roughly a quarter of a mil- allowed to include the value of land in the lion dollars. Put another way, his nominee and his legal representation on Jan- uary 16, 2017. His accountant participated via depreciable amount. stake in Innate was more than five telephone. In addition to the due diligence Dr. Price owns rental condominiums in times the figure initially reported to meeting, staff submitted multiple rounds of Washington, D.C. and Nashville, Tennessee, the American people. written questions to the nominee. and claimed depreciation expenses associ- Congressman PRICE’s original disclo- At the conclusion of this process, three ated with those properties for years 2013, sure reported that he owned less than issues have been identified that have been 2014, and 2015. It appears these values included depreciation for the value of the land. $50,000 in Innate stock. At the time the deemed appropriate to bring to the attention of Committee Members. According to property tax records, the land disclosure was filed, by my calculation, value of Washington, D.C. condominium was SENATE FINANCE COMMITTEE QUESTIONNAIRE— his shares had a value of more than listed as $95,640, and the land value of his ETHICS INVESTIGATION AND LATE PROPERTY $250,000. Today his stake is valued at Nashville condominium was listed as $30,000. more than $300,000. Quite simply, it ap- TAX PAYMENTS OMITTED Under current tax rules, these values are pears the shares he bought in the pri- All nominees referred to the Committee not allowable for depreciation expenses. vate stock sale in 2016 were excluded are required to submit the Senate Finance Committee staff asked for clarification on Committee Statement of Information Re- entirely from the Congressman’s finan- this issue in the due diligence meeting with quested of Nominee (‘‘Questionnaire’’). Dr. Price and sent written follow-up ques- cial disclosure to the Office of Govern- Part D. Legal and Other Matters, Question tions on January 16, 2017. ment Ethics. And because it is the Of- 1, asks nominees: ‘‘Have you ever been the In his response to the Committee, received fice of Government Ethics disclosure subject of a complaint or been investigated, on January 23, 2017, Dr. Price’s accountant

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.125 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1060 CONGRESSIONAL RECORD — SENATE February 9, 2017 stated he had taken the position that the believed that the deductions were appro- by the nominee. The nominee noted that the land had a fair market value of zero. How- priate, and were reflective of expenses in- amounts reported to the Committee were a ever, given the lack of another valuation be- curred by Mrs. Price. After the January 16, good faith valuation. The nominee agreed to sides the property tax assessments, Dr. Price 2017, due diligence meeting, staff suggested recalculate the value of the shares based on has committed to address the discrepancy by that in the absence of full documentation of the market value at the time the Committee filing a Form 3115 to adjust the depreciation the deductions, that the returns be amended. Questionnaire was completed. The revised and account for the improper deductions on In a response, received January 23, 2017, Dr. value of the second tranche was between his 2016 tax returns, though adjustments Price’s accountant noted that proper docu- $100,000 and $250,000 when filed. may be spread out over four years. mentation could not be located. Dr. Price’s The nominee and Committee staff also Absence of Documentation of Employment De- 2013, 2014, and 2015 tax returns will be amend- agreed that the tranche of shares acquired in ductions ed to remove the $19,034 of deductions. Since August 2016 was not accounted for on the In 2013, 2014, and 2015, Dr. Price claimed Dr. Price was subject to the Alternative Min- OGE Form 278, and the nominee told staff miscellaneous employment deductions, to- imum Tax (AMT) in each of those years, the that income attributable to his holding in taling $19,034. Dr. Price, and his wife, also a changes will not result in any change to tax the company reported on OGE Form 278 was medical doctor, both list their occupations liability. incorrect. The nominee noted that it is un- as ‘‘PHYSICIAN’’ on the second page of their ASSET VALUES clear how information related to his holding Form 1040s. Neither Dr. Price nor his wife ac- In separate financial disclosure filings to in this stock was misstated on the published tively works as a physician, though Dr. Price the House of Representatives, to the Com- form. The nominee agreed to contact OGE to has noted he has maintained his medical li- mittee, and to the public through the Office correct the form. cense. Committee staff requested substan- of Government Ethics (OGE) Form 278, the tiation and further explanation of the deduc- nominee reported ownership of stock in an FEBRUARY 7, 2017. tions in written questions submitted Decem- Australian pharmaceutical company—Innate Ms. ELIZABETH J. FISCHMANN, ber 28, 2016. Immunotherapeutics Ltd. The nominee pur- Associate General Counsel for Ethics, Des- Committee staff spoke with Dr. Price’s ac- chased these shares in two tranches: one in ignated Agency Ethics Official, countant on this matter on January 9, 2017, 2015 valued at $10,000 at the time of purchase, Washington, DC. and again during the due diligence meeting but was valued at between $15,000 and $50,000 DEAR MS. FISCHMANN: The purposes of this on January 16, 2017. In those discussions, Dr. on December 20, 2016, the date of filing. A letter are to amend the financial disclosure Price’s accountant noted that Dr. Price and second tranche was purchased in August 2016 report that I signed on December 15, 2016, his wife, Elizabeth, would compile a variety of 400,613 shares, through a private place- and to supplement the ethics agreement that of expenses, including vehicle expenses, and ment offering, and was listed on the Com- I signed on January 11, 2017. discuss with the accountant what portion of mittee questionnaire as being valued be- those expenses would be appropriate to de- tween $50,000 to $100,000, which was based A—FINANCIAL DISCLOSURE REPORT duct as employment expenses, frequently upon the purchase price. An analysis done by To correct inadvertent errors in my De- settling on an amount equal to roughly 60 multiplying the number of shares by the cember 15, 2016, financial disclosure report, percent. Though the Prices no longer ac- market price on December 20, 2016 dem- the items identified below are amended, as tively work as physicians, their accountant onstrates a value higher than that reported follows: Part I

# Organization Name City/State Organization Type Position Held From To

2 Chattahoochee Associates ...... Atlanta, Georgia ...... General Partnership ...... Managing and General Partner ...... 11/1993 Present

Part 2

# Description EIF Value Income Type Income Amount

1 Chattahoochee Associates...... no $100,001–$250,000 None (or less than $201)

Part 6

# Description EIF Value Income Type Income Amount

14.55 Amazon Com Inc ...... n/a None (or less than Capital Gains $2,501–$5,000 $1,001) 15.1 Innate Immunotherapeutics Ltd. (INNMF) ...... n/a $15,001–$50,000 None (or less than $201)

To correct an inadvertent error in my De- the following item is added to that financial cember 15, 2016, financial disclosure report, disclosure report: Part 6

# Description EIF Value Income Type Income Amount

28 Innate Immunotherapeutics Ltd. (INNMF) ...... n/a $100,001–$250,000 None (or less than $201)

With regard to the assets disclosed in my In February 2017, I resigned from my posi- Order no. 13770) and that I will be bound by December 15, 2016, financial disclosure report tion as Managing and General Partner of the requirements and restrictions therein in other than those listed above, the U.S. Office Chattahoochee Associates and transferred addition to the commitments I made in the of Government Ethics has asked me to con- my ownership interest to my spouse. I will ethics agreement I signed on January 11, firm that I disclosed the current value at the not participate personally and substantially 2017. time of reporting. By this letter, I am con- in any particular matter that to my knowl- I have been advised that this supplement firming that I used current value with regard edge has a direct and predictable effect on to my ethics agreement will be posted pub- to those assets. This letter makes no the financial interests of Chattahoochee As- licly, consistent with 5 U.S.C. § 552, on the changes to the value categories disclosed in sociates, unless I first obtain a written waiv- that financial disclosure report other than er, pursuant to 18 U.S.C. § 208(b)(1). website of the U.S. Office of Government those indicated above. If I have a managed account or otherwise Ethics with ethics agreements of other Pres- use the services of an investment profes- idential nominees who file public financial B—SUPPLEMENT TO JANUARY 11, 2017, ETHICS sional during my appointment, I will ensure disclosure reports. I understand that this let- AGREEMENT that the account manager or investment pro- ter will also be released as an attachment to The new item listed above (Innate fessional obtains my prior approval on a my public financial disclosure report. Immunotherapeutics Ltd./$100,001–$250,000) is case-by-case basis for the purchase of any as- Sincerely, covered by the commitment I made in my sets other than cash, cash equivalents, in- THOMAS E. PRICE, M.D. January 11, 2017, ethics agreement to divest vestment funds that qualify for the exemp- Mr. WYDEN. I also refer my col- all interests in Innate Immunotherapeutics tion at 5 C.F.R. § 2640.201(a), obligations of Ltd. within 90 days of confirmation. In addi- the United States, or municipal bonds. leagues to the following documents: an tion, the following commitments supplement I understand that as an appointee I will be announcement by Innate on June 10, my ethics agreement dated January 11, 2017. required to sign the Ethics Pledge (Exec. 2016, entitled ‘‘Private Placements and

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A09FE6.015 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1061 Rights Issue to Raise Additional Work- tion law with regard to his holdings in sale, and arranged to ensure he could ing Capital,’’ and the Public Financial the company. So why does this matter? participate. Disclosure Report signed by Congress- It matters because a nominee to be a Now the majority party has shut man PRICE on December 15, 2016, that Cabinet Secretary, Congressman PRICE, down the vetting process, allowing was filed with the Office of Govern- was brought into this web of question- Congressman PRICE’s nomination to ment Ethics. able stock transactions and obfusca- reach the floor before all the facts have I want to take a minute to return to tions about just how special the special come into view. I believe the Senate the Innate company itself. I noted ear- deal he really got was by a company in- can do better. It needs to do better. lier that the company has put on a full sider, his friend, Congressman COLLINS. The American people are owed better. court press to defend Congressman As I get ready to close, I refer my I thank my colleagues, particularly PRICE in recent weeks, as details of his colleagues to the following articles and Senator REED, for his patience and his special deal have come to light. documents: ‘‘Congressman Collins courtesy. I am going to describe why that under fire for ‘suspicious’ stock I yield the floor. might be. Innate’s executives have trades,’’ published in the Buffalo News sought to portray the company as on January 17 of this year; ‘‘Collins The PRESIDING OFFICER (Mr. being a small firm from Down Under shared biotech stock news with big DAINES). The Senator from Rhode Is- that has been inadvertently caught in Buffalo names,’’ again from the Buffalo land. political crossfire on the other side of News on January 19; ‘‘Collins’ con- Mr. REED. Mr. President, I rise the world. But the fact is that Innate troversial stock venture could be boom today in opposition to President has longstanding connections to Con- or bust,’’ from the Buffalo News on Trump’s nomination of Congressman gressman COLLINS and his inner circle, February 5 of this year; the Notice of TOM PRICE for the Department of a circle that includes Congressman Innate’s 2016 Annual Meeting and Ex- Health and Human Services. The De- PRICE. As the Australian City News- planatory Statement filed on July 29 of partment he has been picked to lead is paper wrote this week, ‘‘Mr. COLLINS, 2016; documents filed by Innate on Sep- charged with protecting the health of his children and his ‘intimate political tember 12, 2016, and September 26, 2016, all Americans, from safeguarding Medi- allies’ and donors controlled at least reporting results of the 2016 private care and nursing home care for seniors 27.25 percent’’ of Innate’s voting stock placement. to investing in medical research and shares. As we close, I want to return to sec- supporting public health programs, Then there is the baffling assertion tion 3 of the STOCK Act. It says: such as lead poisoning prevention and mailed by Mr. Wilkinson, the CEO, Members of Congress . . . may not use non- youth suicide prevention. that he only recently learned of Con- public information derived from such per- Unfortunately, Congressman PRICE gressman PRICE’s existence through son’s position . . . or gained from the per- has demonstrated over the last decade news articles. This is a stretch to be- formance of such person’s official respon- in Congress that he is unwilling or lieve and flies in the face of Congress- sibilities as a means for making a private unfit or both to protect these critical profit. man PRICE’s own testimony. health programs. In his role as chair- On January 13, the New York Times So did Congressman PRICE have ac- man of the House Budget Committee, reported: cess to nonpublic information about In- Congressman PRICE has offered plans to Mr. Wilkinson and Michael Quinn, Innate’s nate or its private stock sale because repeal the Affordable Care Act and chairman, said they had never heard of many of his position as a Member of Con- turn Medicare into a privatized vouch- of the company’s more prominent investors, gress? I believe the answer is yes. er program. This is the opposite of pro- and said they first learned that Mr. Price Did he get special access to the dis- tecting the safety net programs for our had invested in the company from an article counted private sale because of his po- most vulnerable citizens. in the Wall Street Journal, which first re- sition? I believe the answer is yes. ported his investment. Time and again, Congressman PRICE Does he stand to profit because of the has proved that he favors corporate in- On February 5, Mr. Wilkinson, the information or access he may have re- terests over patients, which has raised CEO of Innate, told the Buffalo News, ceived? I believe the answer is yes. ethics concerns. For these reasons, I ‘‘I think the first time I heard that a Finally, did Congressman PRICE tell will oppose his nomination. gentleman named TOM PRICE had in- the Finance Committee and the HELP vested was after the U.S. media started Committee the truth about how he First, I would like to talk about the reporting it.’’ learned about the private stock sale Affordable Care Act. About a month ago, I was here talking to my col- But Congressman PRICE was quite and the ability of average investors to leagues on the floor about the impact clear that he had communicated with participate? Congressman PRICE told Wilkinson. In written testimony, re- the Finance Committee and the HELP of the ACA in my home State of Rhode sponding to questions for the record, he Committee that the special stock deal Island and the consequences of repeal. said: I also communicated with Simon he got in on was open to everyone. In short, repeal of the ACA would be Wilkinson of Innate regarding my in- According to the Wall Street Journal catastrophic in Rhode Island and terest in participating in the 2016 pri- and company documents, that is not across the country. Yet Congressman vate placement of company stock. Ac- true. The deal he got was clearly dif- PRICE has led the efforts in the House cording to Innate’s Web site, Mr. ferent than what was offered to every- of Representatives to repeal the ACA Wilkinson is currently the managing day investors. According to the Jour- without any replacement. In fact, he is director and CEO of the company. nal, his previous purchase of Innate the architect of legislation to do just that. Congressman PRICE’s name was also stock did not qualify him to partici- listed twice in the documents of the pate in the private placement without The uninsured rate today is at its company, which reported the private being a specially invited friends and lowest point in recent history. That stock sale participants to the Aus- family guest. This arrangement al- holds true in my State of Rhode Island. tralian stock exchange last summer. lowed Congressman PRICE to buy more The uninsured rate there has fallen Congressman PRICE also appeared to shares than other investors were al- from nearly 12 percent to under 4.5 per- have bought nearly 5 percent of the dis- lowed to buy. cent. That translates to over 100,000 counted shares made available in the Congressman PRICE told the Finance Rhode Islanders who have gained cov- private stock sale. Given all that, it Committee that his conversations with erage because of the ACA. seems difficult to believe Mr. Congressman COLLINS, again, a director While it is not the case in every Wilkinson’s story that he had no idea of the company, its largest share- State, in Rhode Island insurance rates who Congressman PRICE was. holder, had no influence on his invest- have dropped. In fact, consumers in Finally, The Australian, the Sydney ment decisions. According to the Jour- Rhode Island have saved $220 million paper I just mentioned, reported on nal, this is not true. The Journal re- since 2012. Monday that Innate and Congressman port made clear that Congressman COL- We cannot go back to a system that COLLINS are facing questions about pos- LINS told him about the upcoming drug allows private insurers to deny cov- sible violations of Australia corpora- trial, alerted him to the private stock erage for preexisting conditions or

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.126 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1062 CONGRESSIONAL RECORD — SENATE February 9, 2017 charge more to those who need insur- an average of $912 per beneficiary. In States. Including those newly insured ance the most. By contrast, Congress- the same year, over 92,000 Rhode Is- by the ACA, Medicaid covers 74 million man PRICE opposes the preexisting con- landers took advantage of free preven- Americans. Who makes up this popu- ditions ban, one of the most popular tive services, representing over 76 per- lation? Well, half of the Medicaid en- provisions of the ACA. cent of beneficiaries. We see these ben- rollees are children. His plan would allow insurance com- efits because of the Affordable Care Medicaid also pays for half the births panies to deny coverage or to charge Act. in this country. more to those with preexisting condi- Repealing the Affordable Care Act, as tions, older Americans, and women. He advocated by the Congressman, means These are staggering numbers. In has also proposed getting rid of the es- repealing these benefits for seniors and Rhode Island, one in four children is sential benefits package in the ACA. shortening the life of the Medicare covered by Medicaid or CHIP, and one These protections require insurance trust fund by over a decade. What is in two people with disabilities is covered by Medicaid. companies to cover things like pre- worse is that Congressman PRICE not scriptions drugs, maternity care, pedi- only wants to repeal the ACA and the While Medicaid was initially de- atric services, and mental health care. Medicare benefits that come with it, signed to help low-income families, These are really things that any basic but he has also advocated for seniors now account for approximately health coverage should include, yet privatizing Medicare, turning it into a half of Medicaid’s spending nationwide. Congressman PRICE has advocated tak- voucher-based program, as well as rais- Nearly 60 percent of nursing home resi- ing away these consumer protections. ing the eligibility age. dents are covered by Medicaid across Stop and think about that. Congress- Simply put, this would end Medicare the country, and that holds true in my man PRICE does not think that health as we know it. Millions of Americans, State of Rhode Island. insurance should cover pregnancy, for including over 200,000 Rhode Islanders, Many of these people are our neigh- example. I mean, we are not really have paid into the system, counting on bors, our friends. They have been work- talking about extravagant services. the benefits that they have earned and ing all their lives, and they have quali- These are the services that a reason- worked their entire life for. Under Con- fied for this coverage because they able person would expect their health gressman PRICE’s plan, Republicans have been able to move some of their insurance to cover. In fact, Congress- would shift more costs to seniors who assets out of their ownership because man PRICE’s plan, the Republican plan have played by the rules and planned our rules don’t recognize retirement to repeal the ACA, would mean that for retirement with quality Medicare accounts. So these are our neighbors. nearly half a million Rhode Islanders coverage. When Congressman PRICE talks about Congressman PRICE and Congres- with preexisting conditions—that is turning Medicaid into a block grant sional Republicans will tell you that nearly half the population of my program, every Member of this Cham- they are trying to cut costs under the State—could be denied coverage or ber has to stop to realize that there is charged more. Those who might still be banner of trying to save Medicare. If no way to cut Medicaid by trillions of able to get coverage would quickly find that is the Republican standard, then dollars without harming children and that it does not cover that much. why do they oppose the ACA which ac- These consumer protections that are tually improved Medicare services, cut seniors and placing each of our States embedded in the ACA affect everyone, costs, and extended Medicare solvency? in a very difficult position because not just those who have coverage be- That seems to be a pattern with many they, too, contribute to Medicaid; because of the ACA. Before the ACA, the on the other side: Act very serious and cause they have a responsibility to Affordable Care Act, insurance plans, concerned about Medicare’s finances, children and seniors for health care; including coverage through your em- but then make every effort to demonize because they do also help support nurs- ployer, could impose annual or lifetime and roll back these improvements. ing home, nursing facilities for seniors limits on coverage, meaning coverage In fact, Medicare spent $453 billion and the disabled. And they would be in could end just when you need it most. less from 2009 to 2014 than it expected a disastrous situation. With Congressman PRICE in charge, if under growth trends prior to the ACA, Now, all of these are, I believe, rea- he has his way, we will see a return of all while increasing benefits like free son enough to oppose Congressman these limits, even for employer-spon- preventive care and better prescription PRICE’s nomination. However—and I al- sored health plans. drug coverage and adding over a decade luded to this earlier, and Senator The nominee’s stance on the Afford- of solvency to the Medicare trust fund. WYDEN went into great detail—Con- able Care Act is not my only worry be- The projected cost—the best projec- gressman PRICE has a history of con- cause when it comes to Medicare and tions were actually lowered by the flicts of interest, such as investments Medicaid, benefits that Americans ACA while benefits were increased. in the very issues and companies he have worked hard to earn and to fund, This talk of supposedly saving Medi- worked on, as a Member of Congress. Congressman PRICE’s views are far out- care is really, in my view, a ruse to Congressman PRICE traded hundreds side the mainstream. make draconian cuts to free up more of thousands of dollars in health care Medicare is one of the great success Federal funding for things like tax pharmaceutical stocks, all the while stories in expanding access to care and breaks for the wealthy. We cannot advocating for regulation legislation keeping seniors out of poverty. Since allow Republicans under Congressman that would financially benefit these the passage of Medicare in 1965, we PRICE’s leadership to go back on the very companies. Again, Senator WYDEN have seen significant decreases in the Medicare guarantee we have made to has made a very detailed and very per- numbers of seniors living in poverty, seniors that we represent all across suasive case in this regard. and this is largely because of Medicare this country. In fact, as Senator WYDEN has point- and, of course, Social Security, another Congressman PRICE has also made a ed out, after receiving information critical safety net program for seniors. number of troubling statements about from a fellow Congressman and now a I believe that Medicare is essential for Medicaid and the Children’s Health In- member of President Trump’s transi- the quality of life of Rhode Island’s surance Program, CHIP. First, repeal seniors and for seniors across the coun- of the ACA would have a disastrous ef- tion team, Congressman PRICE was one try. fect on State Medicaid programs, kick- of a small group who was offered the In fact, I supported the ACA because ing 11 million Americans off their chance to purchase stock in a bio- it made key improvements to Medicare health insurance, including 70,000 medical group at a discounted price. that strengthened its long-time sol- Rhode Islanders. Now, Democrats are not going to vency and increased benefits, such as However, this is not enough for Con- have the opportunity to fully examine closing the prescription doughnut hole gressman PRICE. He has offered legisla- these issues. I find the examples we do and eliminating cost sharing for pre- tion to cut Medicaid even further, to have to be deeply concerning. The very ventive services, such as cancer the tune of $1 trillion, by turning Med- articulate, eloquent, and detailed—ex- screenings. icaid into a Block Grant Program. haustively detailed—statement by Sen- Over 15,000 Rhode Islanders saved $14 I think my colleagues should really ator WYDEN adds further credence to million on prescriptions drugs in 2015, consider how this would impact their this presumption.

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.129 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1063 This is a very disconcerting pattern coverage away from millions of Ameri- Additionally, Mr. President, serious of behavior. Indeed, I believe this pat- cans. issues have been raised throughout this tern of behavior warrants further in- This is why I cannot support Con- nomination process regarding Con- vestigation, but those requests have gressman PRICE’s nomination. gressman PRICE’s conflicts of interest been denied by the Republican major- Throughout his time in office, Con- and his potential violation of the ity. These allegations are now even gressman PRICE has promoted policies STOCK Act, including recent reports more concerning because of the need that would undermine the health care suggesting that he received a private for further investigation, but those re- that so many in my State and across discount to purchase a health company quests have been denied by the Repub- our Nation depend on. Congressman stock while engaged in legislative ef- lican majority. These allegations are PRICE wants to repeal the Affordable forts that would directly affect the even now more concerning because Care Act, which would strip coverage company’s financial interests. Con- Congressman PRICE is being considered away from millions of Americans. gressman PRICE’s insufficient responses for the top role in this administration Those who seek to repeal the ACA, in- concerning his stock purchases raise in charge of protecting the health of all cluding Congressman PRICE, have not the question of whether, if confirmed, Americans and, indeed, affecting the come up with a plan to replace it. he will put corporate interests ahead of corporate situation of thousands of Repealing the ACA without a re- the American people. That is unaccept- companies throughout this land that placement would send insurance mar- able. I believe we need a health care he may or may not have a financial in- kets reeling. It would be devastating system that works for every American, terest in. for millions of people who have cov- and that is why I will vote against Con- Now I have heard from hundreds of erage because of the law. gressman PRICE’s confirmation. I want to talk a little bit more about Rhode Islanders who have expressed Repealing the ACA would eliminate what Congressman PRICE’s confirma- these concerns to me, from his support New Hampshire’s bipartisan Medicaid tion would do with respect to Medicaid for the efforts to repeal the ACA and expansion plan, harming our State’s efforts to combat the heroin, fentanyl, expansion and particularly how it cut Medicaid and Medicare to his ques- and opioid crisis. This crisis is the would affect the opioid crisis in New tionable investments. I agree with most pressing public health and public Hampshire. In New Hampshire, we them. proved that Democrats and Repub- As such, I am unable to support Con- safety challenge facing our State, and thousands of Granite Staters have licans can come together to move our gressman PRICE’s nomination for Sec- accessed substance misuse treatment health care system forward when we retary of the Department of Health and because of Medicaid expansion. passed our Bipartisan Medicaid Expan- Human Services, and I would urge oth- Just a couple of weeks ago, I met a sion Program. Passing and reauthor- ers to look very carefully at the record, young man named Noah at Harbor izing this program included healthy de- carefully at the advocacy for the elimi- Homes in Nashua. Noah is an active bate, and at times some argument, but nation, basically, of Medicare as we participant in the Nashua drug court what matters of course is what we do know it, of block-granting Medicaid, and a former enrollee in our Medicaid after our argument, after those de- which would harm children and seniors expansion program. bates. We were able in New Hampshire and put excruciating financial pressure Last month, after 14 years of strug- to put our differences aside and take a on every State in this country, and his gling with addiction, Noah was cele- critical step forward to continue own behavior with respect to personal brating 1 year sober. Because of legisla- strengthening our families, our busi- investments. tion that expanded Medicaid, passed nesses, and our economy. This is the With that, I yield the floor. under bipartisan leadership, Noah re- approach we need to be taking in the I suggest the absence of a quorum. ceived health insurance through Med- United States Senate. The PRESIDING OFFICER. The icaid expansion, and he was able to The benefits of Medicaid expansion clerk will call the roll. quickly begin treatment. are clear, over 50,000 Granite Staters The bill clerk proceeded to call the Noah’s recovery process required are now covered in a population of 1.3 roll. medication-assisted treatment which million people. We included in Med- Ms. HASSAN. Mr. President, I ask he would not have been able to afford icaid expansion coverage of substance unanimous consent that the order for had it not been covered under Med- use disorder and behavioral health the quorum call be rescinded. icaid. He is now 5 months off that services. I have heard story after story The PRESIDING OFFICER. Without treatment and hasn’t had an instance of Granite Staters who are in recovery, objection, it is so ordered. of relapse. thanks to Medicaid expansion. I told Ms. HASSAN. Mr. President, I rise Noah said the ACA and Medicaid ex- Noah’s story just a few minutes ago. today to join my colleagues in oppos- pansion are ‘‘working miracles every At another round table I met a young ing Congressman TOM PRICE’s nomina- single day in this recovery commu- woman named Ashley at the Farnum tion to be the Secretary of the Depart- nity.’’ For Noah and so many others, Center in Manchester, CT. Ashley told ment of Health and Human Services. we cannot afford to set back our ef- of suffering from addiction for over 10 Every American deserves the oppor- forts, but that is what the repeal of the years. One day she woke up to discover tunity to have quality, affordable ACA would do. that her husband had died of an over- health insurance coverage to help them I also oppose Congressman PRICE be- dose. She lost custody of her young live healthy and productive lives. Hav- cause he is determined to turn back daughter, but because of Medicaid ex- ing health care is not just critical to the clock on women’s access to repro- pansion, Ashley was able to get treat- the freedom, dignity, and well-being of ductive health care. He has fought ment. She has been in recovery now for our citizens but also to the strength of against the woman’s constitutionally a little bit over a year—recovery our economy. protected right to make her own health through medical treatment made pos- As Governor, I worked with Demo- care decisions and control her own des- sible by Medicaid expansion. Because crats and Republicans in New Hamp- tiny. He has voted 10 times to defund she is in recovery, she was able to get shire to expand health insurance cov- Planned Parenthood, and he has voted a job. Because she began working erage—including coverage for sub- against a resolution to protect employ- again, she actually has now moved off stance use disorder and behavioral ees from being punished or fired by Medicaid expansion onto private health health services—to tens of thousands of their employers for their reproductive insurance. So Medicaid expansion was Granite Staters. health decisions. there when she needed it to get We need to bring this same bipar- And I oppose Congressman PRICE be- healthy. Now she doesn’t need it any- tisan approach to the Senate. We know cause he has pushed to turn Medicare more, and she is participating in the that there are serious challenges in our into a voucher program, which will in- private health insurance market. By health care system that must be fixed, crease costs for seniors. Congressman the way, she is beginning to reestablish and we need to work across party lines PRICE’s views and priorities are simply her relationship with her young son. to support commonsense improvements at odds and out of touch with the views That is the power of the Affordable to move our Nation’s health care sys- and priorities of many, many Granite Care Act. That is the power of Med- tem forward, not rip health insurance Staters. icaid expansion.

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.130 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1064 CONGRESSIONAL RECORD — SENATE February 9, 2017 Representative PRICE, on the other It is clear that this law has truly better than an HHS Secretary who ap- hand, has advocated for repeal of these made a difference not just for the pears to believe that women are nei- very programs. Such a repeal would health of our citizens but also for our ther capable nor trusted to make their have such harmful impacts, pulling the economy, and we cannot undermine the own health care decisions. I believe rug out from those who have coverage progress we have made. women should be full and free citizens right now for critical medical condi- I am also deeply concerned about in the United States of America and tions. At his confirmation hearing, Representative PRICE’s record and his can be trusted to make their own Representative PRICE declined to guar- statements concerning women’s health health care decisions. antee that Americans with substance care. Representative PRICE has consist- Representative PRICE’s nomination use disorders who got on insurance ently opposed women’s reproductive and his confirmation would be harmful through Medicaid expansion would still freedom. I have always fought to pro- to our seniors as well. Seniors deserve be covered for these services if the Af- tect a woman’s right to make her own a high quality of life, high-quality fordable Care Act is repealed under health care decisions and to chart her care, and access to the benefits that Representative PRICE’s leadership. own course, and I always will. This is they have earned throughout their life. He also would not commit to con- not just a matter of individual free- I believe we must continue to strength- tinuing the requirement under the Af- dom, which of course is a good enough en and protect Medicare for years to fordable Care Act that health insur- reason in its own right to support wom- come, not undermine it. Unfortunately, ance companies must cover essential en’s reproductive choice, but it is also Representative PRICE has long sought health benefits, including treatment a matter of economics. When women to undermine Medicare and the impor- for substance abuse. have to pay more for their health care tant benefits it provides to seniors. His Representative PRICE’s support for than men do, it puts them at a finan- budget proposals have included ex- the repeal of the Affordable Care Act cial disadvantage. treme cuts to the program. He supports also requires more discussion. The Af- As Governor, I restored family plan- turning Medicare into a voucher pro- fordable Care Act has helped families ning funds and pushed to restore State gram. In fact, he even said he wants to across our Nation access quality, af- funding to Planned Parenthood because voucherize Medicare within the first 6 fordable health insurance coverage. We I know how critical these services are to 8 months of the Trump administra- need to come together now and find bi- for the women and families of my tion. This would increase costs for sen- partisan areas in which we can agree to State. It is unacceptable that Wash- iors. improve the law, but we should not be ington Republicans continue to play He has also repeatedly opposed allow- repealing it. We should not be taking games with women’s health, and Rep- ing Medicare to negotiate drug prices coverage away from millions of people. resentative PRICE has been at the fore- for seniors. He has argued that seniors I have joined a number of my col- front of that effort. Representative have no drug cost problem. Imagine leagues in expressing our willingness to PRICE does not support a woman’s con- that, a Health and Human Services work across the aisle with our col- stitutionally protected right to a safe Secretary who believes that drug costs leagues to improve the law, but unfor- and legal abortion. He has cosponsored are not an issue for our seniors. He tunately it seems our colleagues in the and repeatedly voted for measures that even said allowing Medicare to nego- Senate are headed down a path to re- would ban all medically appropriate tiate prices for prescription drugs peal the law without a plan to replace abortions, without exceptions for rape, would be ‘‘a solution in search of a it. Repealing the ACA without any re- incest, or to protect a woman’s health. problem.’’ placement is a recipe for upheaval and He has voted to penalize small busi- I can tell Representative PRICE that instability, a recipe for hurting our nesses that choose private health plans there are certainly seniors in New families, small businesses, and our eco- that include abortion coverage. Addi- Hampshire who have found that the nomic progress. Representative PRICE tionally, he has voted to allow employ- cost of their prescription drugs are and those who seek to repeal this law ers to discriminate against employees truly a problem, and as we talk about have not agreed on any path forward based on their reproductive health de- the need to shore up and strengthen other than repealing and stripping cov- cisions. He voted to eliminate the Title the Medicare Program, one of the best erage away from millions of Ameri- X Family Planning Program. He voted ways to stabilize its finances would be cans. Repealing would have major con- 10 times to defund Planned Parent- to allow Medicare to negotiate for pre- sequences for many Granite State fam- hood. scription drug prices to lower those ilies and small businesses. Defunding Planned Parenthood, a prices, lower the cost of the program, My office has heard from constitu- critical health provider, would have while making the program even more ents about the impact the Affordable devastating effects. A recent article in affordable for our seniors. Care Act has had on their lives. One the Washington Post highlighted the That is not something that Rep- resident from Keene, NH, wrote to say impact of what can happen when legis- resentative PRICE has even expressed a this law has helped fulfill his goal of latures attempt to defund Planned Par- willingness to consider because he starting a small business. He wrote: enthood. doesn’t even acknowledge there is a I have had health insurance through the This report in the post found: problem. Representative PRICE has also exchange under the ACA since late 2015, In 2011, the Texas legislature cut the two- supported raising the Medicare age when I quit my job to start up a business. year budget for funding family planning from 65 to 67. This amounts to a dev- Before the ACA, I wouldn’t have taken the from $111 million to $38 million in an effort astating benefit cut for seniors, shift- risk to start a business, because I have a pre- to defund Planned Parenthood. After these ing costs onto them, which is unaccept- existing condition and I wouldn’t have been cuts, 82 Texas family planning clinics, one able. able to get an individual health insurance out of every four in the state—closed or Whenever I hear people suggesting policy. stopped providing family planning services. raising the retirement age for Social He continued: An unintended consequence of the law was Security or the age for Medicare eligi- Under the ACA, I am able to get good that two-thirds of the clinics that closed bility, I am reminded of my father-in- health insurance at an affordable premium. were not even Planned Parenthood clinics. law. My father-in-law was one of the Organizations that remained open, many Since I left my job I built up a profitable hardest working people I ever knew. He business and expect to be in a position to with reduced hours, were often unable to offer the most effective methods of contra- worked as a wholesale meat cutter, and hire employees within a year or two. None of for anybody who has never seen what this would have been possible without the ception, such as IUDs and contraceptive im- ACA. plants, to women who wanted them. The that means, it means standing on your closings and reduced hours also limited or feet for hours at a time in a cold meat And he added: cut back access to primary care providers for locker as large carcasses come If the ACA is repealed, I am concerned that a significant number of women. through, and with time pressures, the I will need to put my business on hold in Women and their families deserve order to go back to a corporate job that I way any production facility has, cut- don’t need, only to get the health care bene- better than an HHS Secretary who ting those carcasses into salable prod- fits. The ACA has flaws, but overall it has al- would disregard their constitutional uct. lowed me to take an entrepreneurial risk and right and roll back their access to re- My father-in-law left the house be- start a small successful business. productive health care. They deserve fore dark. He often came home, having

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.133 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1065 been assigned overtime, after dark, about a subject this important to our didn’t purchase the stocks; his broker having been standing on his feet in the people. My view is that this is about did. But at the very least, he would cold, doing incredibly hard, physical whether the United States is going to have known about those deals within labor. go back to the dark days when health days of the purchase when he filed the When it came time for him to retire, care worked only for the healthy and periodic transaction reports in the when he became eligible for Medicare, the wealthy. House. Under his brokerage agreement, he really couldn’t have worked at that Based on the public record, Medicare he could have quickly resold the stock, job much longer. And the fact that he is a program Congressman PRICE does but he did not. Furthermore, he didn’t had a dignified retirement after those not believe in, and it offers a guarantee consult with the Ethics Committee re- years of hard work was in large part of services he doesn’t believe seniors garding any of the trades I have spoken due to Medicare. Before the physical should have. about as directed by the House Ethics impacts of that job slowed him down, it On the Affordable Care Act, he is the Manual. was our great pleasure to watch a man architect of repeal and run. He wrote As I wrap up, I want to put a human who had provided for his family with the bill himself. He proposed weak- face on why so many Senators on this such hard work know the dignity of ening protections for Americans with side of the aisle have come to the Sen- playing with his grandchildren, sleep- preexisting conditions. He would shred ate floor to speak so passionately ing in until 7:30 or 8 in the morning, the health care safety net—Medicaid— about their grave concerns with this and watching his family grow and for the least fortunate among us. He nomination. Nothing sums up our con- strengthen and thrive. would take away health care choices cerns more clearly than a line from an That is the dignity of Medicare. It is for women, particularly the oppor- op-ed Congressman PRICE wrote in 2009 the dignity of Social Security. And to tunity to go to the physician that they that discusses Medicare. His quote have a Health and Human Services Sec- trust. speaks volumes about his perspective retary who believes we should just be As we wrap up and get ready to vote, on this program. raising that age, as Representative think about the common thread among It is a lifeline. I first became ac- PRICE does, contradicts the very notion these proposals: They take away cov- quainted with it back in the days when of what it means to earn a benefit and erage from our people, make health I was codirector of the Oregon Gray to know a dignified retirement. care coverage more expensive for mil- Panthers, ran the legal aid program for I am proud of the progress we have lions of people, or both. That is what older people. I saw then that seniors made to help ensure that more Granite Congressman PRICE stands for when it were walking on an economic tight- Staters and Americans have the qual- comes to health care. Every Senator rope, balancing their food bill against ity health care they need at an afford- who casts a vote for Congressman their fuel bill, their fuel bill against able cost. There is much more work to PRICE has to stand by that agenda. the rent bill. They saw Medicare as one do to move our health care system for- Beyond what this means for the fu- of the great achievements in American ward and to combat the heroin opioid ture of American health care policy, policymaking. and fentanyl crisis that has devastated there is the lingering spectre, as I have Here is what the Congressman far too many families in New Hamp- discussed tonight in detail, of serious wrote—his words, not mine: ‘‘Nothing shire and across our Nation. I am ready legal and ethical issues. Congressman has had a greater negative effect on the and willing to work with anyone who is PRICE got special access to a special delivery of health care than the federal serious about making improvements to deal on stock in an Australian bio- government’s intrusion into medicine our health care system to improve af- medical company. He claimed multiple through Medicare.’’ When I read that, I fordability and access to care, but that times before Senate committees that was reflecting on my Gray Panther does not start with pulling the rug out the deal he got on discounted company days, and I think a lot of other Sen- for millions of Americans. It does not stock was open to all shareholders. All ators go back working with community start with rolling back women’s access the evidence—all the evidence—says organizations. We just heard a wonder- to critical health care services. that this is untrue. ful presentation from Senator KING, Congressman PRICE’s record dem- First, he had to go through the back who was also a legal services advocate. onstrates that he puts a partisan agen- door to get access to the discounted Before Medicare, before this program da and corporate interests before the price. He got a special friends-and-fam- that Congressman PRICE thinks is such health and economic well-being of our ily invite from his colleague in the a negative intrusion into medicine, a families. The American people deserve House, Congressman CHRIS COLLINS, lot of older people were warehoused in a Secretary of Health and Human Serv- the company’s top shareholder and a poor farms. I am absolutely certain ices who will help more Americans remember of its board. that Congressman PRICE doesn’t want ceive quality, affordable health insur- Second, rules that apply to other in- to go back to those days, but when he ance coverage, not one who supports vestors didn’t apply to Congressman speaks about the involvement of Medi- stripping it away by repealing the Af- PRICE. Other shareholders were bound care in American health care as though fordable Care Act without a replace- by a limit. They were able to buy one a plague has descended on the land, we ment. discounted share for every nine they just have to question his commitment For these reasons, I will be voting no already owned. That would have al- to a program that has become a lifeline on Congressman PRICE’s nomination, lowed Congressman PRICE to buy just to millions of older people. and I urge my colleagues to do the 7,000 discounted shares. He bought The fact is, Medicare has always been same. 400,000 discounted shares. In my view, a promise. That is what we said back in Mr. President, I suggest the absence he can’t get around that. That is the the early days with the senior citizens. of a quorum. definition of a special stock deal. Medicare was a promise. It was a prom- The PRESIDING OFFICER (Mr. The Congressman introduced legisla- ise of guaranteed benefits. Again, based TILLIS). The clerk will call the roll. tion that would have lowered the tax on the public record, Medicare is a pro- The bill clerk proceeded to call the bills of three major pharmaceutical gram Congressman PRICE doesn’t be- roll. companies in which he owns stock. He lieve in, and it offers a guarantee of Mr. WYDEN. Mr. President, I ask invested $15,000 in a medical equipment services he doesn’t think seniors ought unanimous consent that the order for company and then introduced legisla- to have. the quorum call be rescinded. tion to increase the amount Medicare He has said he wants to voucherize The PRESIDING OFFICER. Without pays for that type of equipment. Parts the program within the first 6 to 8 objection, it is so ordered. of his bill went on to become law. He months of the administration. What we Mr. WYDEN. Mr. President, the de- bought thousands of dollars’ worth of are talking about when you want to do bate on Congressman PRICE’s nomina- stock in a company called Zimmer that is you are breaking the promise of tion, in my view, is a referendum on Biomet less than a week before intro- Medicare. You are breaking the prom- the future of health care in America. ducing legislation that had the poten- ise of guaranteed benefits, and you are On this side of the aisle, we think it tial to drive up the value of those going to sort of hand people a piece of is worth spending 30 hours talking shares. Now he has argued that he paper and say here is your voucher, I

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.135 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1066 CONGRESSIONAL RECORD — SENATE February 9, 2017 hope it works for you. If your medical At worst it is dangerously close to out- fect, Congressman PRICE bought thou- expenses are greater than your vouch- right insider trading. Congressman sands of dollars worth of Zimmer ers, that is the way it goes, tough luck. PRICE has a lot of questionable trading Biomet stock through his brokerage The price budget cut Medicare by activity. He introduced legislation that account. On March 23, 2016, less than a nearly $1 million. By the way, that is would lower the tax bills of three week later, Congressman PRICE intro- exactly the opposite of the Trump major pharmaceutical companies he duced H.R. 4848, the ‘‘HIP Act,’’ which pledge, not to cut Medicare that the owned significant amounts of stock in. would have delayed the implementa- American people heard on the cam- He invested $15,000 dollars in a medical tion of CMS regulations for Medicare paign trail. There is a big gap between equipment company then introduced coverage of joint replacements. what President Trump said about legislation to increase the amount Let’s pause right here. In 2016, Con- Medicare and the bills and legislative Medicare pays for that type of equip- gressman PRICE had a financial stake efforts of Congressman PRICE in the ment. Parts of his bill went on to be- in one of the companies that stood to other body—big gap. That is why it come law. benefit most from the legislation he sure looks to me like the promise of But let’s look at one investment in was promoting. Those basic facts are Medicare is one that Congressman particular, Congressman PRICE’s in- not in dispute. Congressman PRICE in- PRICE would break. vestment in Zimmer Biomet. Zimmer troduced legislation that had the po- By the way, we all ought to under- is a medical device company that spe- tential to add to his personal fortune. stand that if confirmed, Congressman cializes in joint replacements, includ- Now, various arguments have been PRICE would be the captain of the ing knee, hip, shoulder, and foot and made, by Congressman PRICE and oth- Trump health care team. What he says ankle replacements. ers, to defend this activity. First is the matters, and what he offered—legisla- Hip and knee replacements are high argument that there wasn’t much tively, his positions and his votes. He cost procedures, and they are two of money at stake, just a few thousand voted again and again to repeal the Af- the most common procedures per- dollars. But the truth is a few thousand fordable Care Act. formed on Medicare patients. Accord- dollars is a lot of money to a lot of It really matters what his past ing to CMS, more than 400,000 hip and Americans. An unexpected medical bill record is. If past is prologue, it is cer- knee replacement procedures were per- that size could have a serious effect on tainly relevant. It really matters. He formed in 2014, costing more than $7 many Americans and the person in was the architect of what amounted to billion for the hospitalizations alone. charge of our health care system repeal and run. He wrote legislation Despite the high frequency of these should take that amount of money just creating loopholes in the protection for surgeries, costs vary widely across geo- as seriously. those with preexisting conditions, and graphic areas, and complications like Second, there is the argument that the big beneficiary there was clearly infections or implant failures after sur- he didn’t purchase the stock; his stock- the major insurance companies. gery can be three times higher at some broker purchased it. I am going to re- Women would find it much harder to facilities. turn to that issue in more detail in a make the health care choices they In November 2015, in an attempt to moment, but one thing is clear. That is want and see the doctors they trust if incentivize higher quality procedures the fact that Congressman PRICE knew the price proposals were lost. Medicaid for Medicare recipients and control the this stock had been purchased in his pays 65 percent of the nursing home cost of these replacements, CMS final- name, in his account, within a matter bill in America. And on this side of the ized a new pricing model slated to be of days. aisle, we are going to fight Congress- implemented in April 2016. This new On April 15, 2016, Congressman PRICE man PRICE’s block grant proposals that pricing model was a cost-bundling pay- filed what is called a Periodic Trans- are going to put seniors at risk. ment model; instead of Medicare pay- action Report which Members of Con- I am going to close with this. I al- ing for each individual service, Medi- gress are required to do within 30 days ways hope I am wrong when I raise the care reimburses hospitals with a single of reportable stock purchase. Not only prospects of real threats to the welfare lump-sum payment, allowing hospitals did Congressman PRICE file a report of the American people because the to coordinate overall care for the pa- that he had purchased Zimmer Biomet reason public service was important to tient. along with dozens of other stocks, he me was because of those first days with These changes were designed to initialed the entry for Zimmer Biomet the Gray Panthers. I never thought I incentivize improved care for patients, in order to correct a mistake on the would have that kind of wonderful op- lowering costs and improving quality. document; a correction making it clear portunity; that I would have had this However, according to independent an- that the Zimmer Biomet transaction opportunity for public service. For me alysts, medical device companies, espe- was a stock purchase. and so many on this side of the aisle— cially those who specialize in ortho- There is also the question of whether I see my colleagues who have been ac- pedic implants, could face ‘‘material this activity violated House Ethics tive in their communities—this has al- headwinds’’ from the new pricing rules. Congressman PRICE also said, in ways been about the welfare of the model since hospitals facing reimburse- answer to written questions, that ‘‘no American people. That is what it is ment pressures are likely to pass some conflict existed and no consultation about—all those faces we see when we of that burden onto those device com- was necessary.’’ He also said, are home, having community meetings panies. ‘‘Throughout my time as a Member of and getting out with our people. In September 2015, Congressman the [House], I have abided by and ad- The public record in this case indi- PRICE led an effort to send a letter hered to all ethics and conflict of inter- cates that as Secretary of Health and from members of the House of Rep- est rules applicable to me.’’ Human Services, Congressman PRICE resentatives to CMS challenging many He gave the same answer regarding would, in fact, be an extraordinary of the features of the CMS proposal. A three other bills that appear to conflict threat to seniors on Medicare, vulner- copy of the letter, dated September 21, with investments he held: H.R. 4185, able older people who need Medicaid 2015, is available on the Congressman’s the Protecting Access through Com- for access to nursing homes, millions of website. petitive-pricing Transition Act of 2015, kids for whom Medicaid is the key to a This is where Zimmer Biomet comes the PACT Act; H.R. 5400, a bill per- healthy future, and women across the in. Zimmer is a medical device taining to tax rates in Puerto Rico, country who have a right to see the manufactrurer with significant expo- which would have likely impacted drug doctors they trust. sure to the new pricing model. Accord- manufacturers he owned Eli Lilly, I am going to oppose this nomina- ing to analysts, over 60 percent of Zim- Bristol Myers Squibb, and Amgen; H.R. tion. I urge my colleagues to join me in mer’s revenues come from hip and knee 5210, the Patient Access to Durable opposition. devices, and the CMS guidelines had Medical Equipment (PADME) Act of Mr. President, I wish to take a few the potential to significantly affect the 2016. minutes to address Congressman company’s profits. Let’s go through that in some detail. PRICE’s stock purchases. At best, this On March 17, 2016, a few weeks before It is true that the House Ethics rules, is behavior that cuts ethical corners. the CMS model was set to go into ef- like the Senate Ethics rules, allow a

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\G09FE6.137 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1067 member to cast a vote on a matter re- As a threshold matter, Congressman PRICE purchased stocks then turned lating to a company in which he or she PRICE claims that insider trading laws around and promoted legislation that owns stock. However, that standard don’t apply to him because the Zimmer would help those companies, and his in- only applies to casting votes. If you do Biomet stock was purchased by his vestments in them. What is not clear is more, and become an active advocate broker without his knowledge. But as whether the introduction of this legis- of a bill that could benefit a company I’ve discussed at length, this argument lation meets the legal standards of that you own stock in, a different is a red herring because Congressman being ‘‘material’’ and ‘‘nonpublic.’’ standard applies. PRICE did have knowledge of these Neither case history, nor the legisla- On page 237 of the House Ethics Man- trades. He submitted signed records of tive history of the STOCK Act provide ual, it says that before undertaking ac- the trades shortly after they were clear guidance on when pending legis- tive advocacy of legislation that will made. Furthermore, the laws related to lation is material and nonpublic. benefit a company in which a member insider trading give clear guidance on The bottom line is that Congressman owns stock, such as before introducing how to trade through a broker without PRICE’s activities are in uncharted a bill, ‘‘the Member should first con- violating insider trading laws. And just waters. That is why the public and tact the [Ethics] Committee for guid- as with the House Ethics rules, when members of this body ought to be out- ance.’’ faced with clear guidance on how to raged that the majority party has cut The Ethics Manual is crystal clear. If manage conflicts of interest, Congress- off the vetting process and rushed this you go beyond voting, and you are ac- man PRICE chose not to follow it. nomination toward completion. tively pushing a bill that would benefit Whether those stocks were purchased In my view, because of how this nom- a company in which you own stock, directly or through a broker is not, by ination was handled, the Senate Fi- you should consult with the Ethics itself, a defense to insider trading. Ac- nance Committee has set a double Committee. cording to SEC rules, Congressman standard. If you look to the recent past Congressman PRICE did not consult PRICE and his broker needed to agree to at the nominations of Senator Tom with the Ethics Committee regarding a ‘‘written plan for trading securities’’ Daschle, Secretary Tim Geithner and any of these trades. that does not ‘‘permit the person to ex- Ambassador Ron Kirk at the outset of In a written question, I asked Con- ercise subsequent influence over when, the Obama administration, the vetting gressman PRICE about this. I asked how, or whether to effect purchases or process was extremely thorough and bi- whether, in light of the House Ethics sales of securities.’’ So, if Congressman partisan. The committee turned over Manual’s recommendation, he had con- PRICE had, in writing, given his broker every stone, peered around every cor- sulted with the Ethics Committee re- complete control over his portfolio we ner and followed every lead to its con- garding his purchase of Zimmer wouldn’t be discussing this issue today. clusion. Now, when a glaring issue Biomet and other stocks. He did not But he did not do so. comes up that undeniably deserves in- answer the question. Instead, he re- Congressman PRICE returned to the vestigation, the party in power has sorted to the same talking point—that ‘‘my broker did it’’ defense for weeks shut down the vetting process. The Fi- the Zimmer Biomet stock was pur- before finally providing the Finance nance Committee and the Senate ought chased by his broker and that there Committee with an excerpt of his bro- to do better. was not need to consult because there kerage agreement. I yield the floor. was no conflict. Here’s what it says: I suggest the absence of a quorum. By my reading, this interpretation is In the Portfolio Management (‘‘PM’’) pro- The PRESIDING OFFICER. The flat wrong. Under the House Manual, gram, a Financial Advisor(s) who meets the program certification requirements manages clerk will call the roll. he should have consulted with the Eth- The senior assistant legislative clerk ics Committee. your assets on a discretionary basis. In other words, your Financial Advisor, and not you, proceeded to call the roll. To be clear, the Ethics Committee has the discretion to decide what securities Mr. COTTON. Mr. President, I ask might have concluded that it was a rel- to buy and sell in your account. This discre- unanimous consent that the order for atively small purchase, and that Con- tion is subject to the parameters described the quorum call be rescinded. gressman PRICE’s advocacy was con- below and your ability to direct a sale of any The PRESIDING OFFICER. Without sistent with his longstanding position, security for tax or other reasons. objection, it is so ordered. and therefore that it was fine for him In the course of our investigation, The PRESIDING OFFICER. The to go ahead and purchase the stock and committee staff spoke with experts, question is, Will the Senate advise and then introduce the bill. On the other and they confirmed what seems obvi- consent to the Price nomination? hand, the Ethics Committee might ous from the plain language of the Mr. COTTON. Mr. President, I ask for have reached a very different conclu- text. This agreement does not hand the yeas and nays. sion. It might have advised him to re- over complete control of Congressman The PRESIDING OFFICER. Is there a frain from purchasing the stock. PRICE’s portfolio to his broker. His sufficient second? The public will never know, because agreement with his broker simply does There appears to be a sufficient sec- he didn’t ask. Despite the clear guid- not shield him from insider trading ond. ance in the House Ethics Manual, he laws, no matter how many times he The clerk will call the roll. didn’t even ask. And now the majority tries to say it does. The senior assistant legislative clerk party is carrying his nomination to- This isn’t a question of whether Con- called the roll. ward the finish line. gressman PRICE followed the technical Mr. DURBIN. I announce that the Apart from conforming with House letter of the law, he didn’t follow it in Senator from Missouri (Mrs. MCCAS- Ethics rules, there is also the question spirit either. Congressman PRICE could KILL) is necessarily absent. of whether Congressman PRICE’s activ- direct his broker to make trades when The PRESIDING OFFICER (Mr. CAS- ity violated insider trading laws. Law- he wanted to, and he did. Case in point, SIDY). Are there any other Senators in makers in both the House and the Sen- when Congressman PRICE wanted to act the Chamber desiring to vote? ate have a duty of public trust. The on a stock tip from Congressman COL- The result was announced—yeas 52, STOCK Act, which Congressman PRICE LINS, he called up his broker and had nays 47, as follows: and I both voted for in 2012, and long- her buy shares of an Australian bio- [Rollcall Vote No. 61 Ex.] standing SEC rules denote that Mem- medical firm called Innate bers of Congress have a fiduciary duty Immunotherapeutics. YEAS—52 to the American people. What that Another question raised by Congress- Alexander Cornyn Graham Barrasso Cotton Grassley means is that we will use the public man PRICE’s conflicts of interest is Blunt Crapo Hatch power we’ve been granted to benefit whether they go beyond a violation of Boozman Cruz Heller the interests of all Americans. The the public’s trust and constitute an Burr Daines Hoeven SEC’s Rule 10b5, in particular, pro- outright violation of insider trading Capito Enzi Inhofe Cassidy Ernst Isakson hibits the purchase or sale of stock on laws. That question cannot be an- Cochran Fischer Johnson the basis of material nonpublic infor- swered today. We have seen that time Collins Flake Kennedy mation. and time again that Congressman Corker Gardner Lankford

VerDate Sep 11 2014 09:04 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A09FE6.018 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1068 CONGRESSIONAL RECORD — SENATE February 9, 2017 Lee Risch Sullivan considered made and laid upon the [Rollcall Vote No. 62 Ex.] McCain Roberts Thune table; the President be immediately YEAS—53 McConnell Rounds Tillis Moran Rubio Toomey notified of the Senate’s action; that no Alexander Flake Paul Murkowski Sasse Wicker further motions be in order; and that Barrasso Gardner Perdue Paul Scott Young any statements relating to the nomina- Blunt Graham Portman Perdue Shelby Boozman Grassley Risch tion be printed in the RECORD; finally, Portman Strange Burr Hatch Roberts that following leader remarks on Tues- Capito Heller NAYS—47 Rounds day, February 14, the Senate proceed to Cassidy Hoeven Rubio Baldwin Gillibrand Nelson Cochran Inhofe Sasse the consideration of the following nom- Collins Isakson Bennet Harris Peters Scott ination: Executive Calendar No. 10, Corker Johnson Blumenthal Hassan Reed Shelby Booker Heinrich Cornyn Kennedy Sanders Linda McMahon to be Administrator of Strange Brown Heitkamp Schatz the Small Business Administration. I Cotton Lankford Crapo Sullivan Cantwell Hirono Schumer Lee further ask unanimous consent that Cruz Manchin Thune Cardin Kaine Shaheen the time until 11 a.m. be equally di- Daines McCain Tillis Carper King Stabenow Casey Klobuchar Enzi McConnell Toomey Tester vided in the usual form; and that fol- Coons Leahy Ernst Moran Wicker Udall lowing the use or yielding back of Cortez Masto Manchin Fischer Murkowski Young Van Hollen Donnelly Markey time, the Senate vote on the nomina- NAYS—46 Duckworth Menendez Warner tion with no intervening action or de- Durbin Merkley Warren Baldwin Gillibrand Peters Whitehouse bate; that if confirmed, the motion to Feinstein Murphy reconsider be considered made and laid Bennet Harris Reed Franken Murray Wyden Blumenthal Hassan Sanders upon the table; that the President be Booker Heinrich NOT VOTING—1 Schatz immediately notified of the Senate’s Brown Heitkamp Schumer McCaskill action; that no further motions be in Cantwell Hirono Shaheen Cardin Kaine The nomination was confirmed. order; and that any statements relat- Stabenow Carper King Tester Casey Klobuchar Mr. MCCONNELL. Mr. President, I ing to the nomination be printed in the Udall Coons Leahy move to reconsider the vote on the RECORD. Van Hollen Cortez Masto Markey Warner nomination. The PRESIDING OFFICER. Is there Donnelly Menendez The PRESIDING OFFICER. The objection? Duckworth Merkley Warren Durbin Murphy Whitehouse question is on the motion to recon- Without objection, it is so ordered. Wyden sider. Feinstein Murray The majority leader. Franken Nelson Mr. MCCONNELL. I move to table the motion to reconsider. Mr. MCCONNELL. Mr. President, the NOT VOTING—1 The PRESIDING OFFICER. The next vote will be the last vote of the McCaskill evening, and we will be back voting question is on agreeing to the motion The PRESIDING OFFICER. On this Monday night. to table. vote, the yeas are 53, the nays are 46. The motion was agreed to. CLOTURE MOTION The motion is agreed to. f The PRESIDING OFFICER. Pursuant f to rule XXII, the Chair lays before the ORDER OF PROCEDURE Senate the pending cloture motion, EXECUTIVE CALENDAR Mr. MCCONNELL. Mr. President, I which the clerk will state. The PRESIDING OFFICER. The ask unanimous consent that the man- The senior assistant legislative clerk clerk will report the nomination. datory quorum call be waived. read as follows: The senior assistant legislative clerk The PRESIDING OFFICER. Is there read the nomination of Steven T. objection? CLOTURE MOTION Mnuchin, of California, to be Secretary Without objection, it is so ordered. We, the undersigned Senators, in accord- of the Treasury. ance with the provisions of rule XXII of the f The PRESIDING OFFICER. The Sen- Standing Rules of the Senate, do hereby ator from Ohio. ORDER OF BUSINESS move to bring to a close debate on the nomination of Steven T. Mnuchin, of California, f Mr. MCCONNELL. Mr. President, for to be Secretary of the Treasury. MORNING BUSINESS the information of all Senators, the Mitch McConnell, Roger F. Wicker, John Senate will debate the Mnuchin nomi- Boozman, Orrin G. Hatch, Roy Blunt, Mr. PORTMAN. Mr. President, I ask nation tomorrow. The next series of John Cornyn, Steve Daines, Tim Scott, unanimous consent that the Senate be votes will occur on Monday at around 7 John Hoeven, Michael B. Enzi, John in a period of morning business, with p.m. Barrasso, John Thune, Mike Rounds, Senators permitted to speak therein Mike Crapo, James M. Inhofe, Joni for up to 10 minutes each. f Ernst, Chuck Grassley. The PRESIDING OFFICER. Without UNANIMOUS CONSENT AGREE- The PRESIDING OFFICER. By unan- objection, it is so ordered. MENT—EXECUTIVE CALENDAR imous consent, the mandatory quorum (At the request of Mr. DURBIN, the Mr. MCCONNELL. Mr. President, I call has been waived. following statement was ordered to be ask unanimous consent that notwith- The question is, Is it the sense of the printed in the RECORD.) standing rule XXII, following leader re- Senate that debate on the nomination f marks on Monday February 13, there of Steven T. Mnuchin, of California, to be up to 7 hours of debate remaining on be Secretary of the Treasury shall be VOTE EXPLANATION the Mnuchin nomination; and that fol- brought to a close? ∑ Mrs. MCCASKILL. Mr. President, I lowing the disposition of the Mnuchin The yeas and nays are mandatory was necessarily absent for today’s vote nomination, the Senate proceed to the under the rule. on the confirmation of THOMAS PRICE consideration of the following nomina- The clerk will call the roll. to be Secretary of Health and Human Services. Had I been present, I would tion: Executive Calendar No. 17, David The bill clerk called the roll. Shulkin to be Secretary of Veterans have voted nay.∑ Affairs. I further ask unanimous con- Mr. DURBIN. I announce that the (At the request of Mr. DURBIN, the sent that there be 10 minutes of debate Senator from Missouri (Mrs. MCCAS- following statement was ordered to be on the nomination, equally divided in KILL) is necessarily absent. printed in the RECORD. the usual form, and that following the The PRESIDING OFFICER. Are there f use or yielding back of time, the Sen- any other Senators in the Chamber de- ate vote on the nomination with no in- siring to vote? VOTE EXPLANATION tervening action or debate; that if con- The yeas and nays resulted—yeas 53, ∑ Mrs. MCCASKILL. Mr. President, I firmed, the motion to reconsider be nays 46, as follows: was necessarily absent for today’s vote

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A09FE6.017 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1069 on the confirmation of Steven Mnuchin Over the years, as I fought to oppose gress, I thank Chief Alexander Scott to be Secretary of the Treasury. Had I new nuclear weapons and to support for his unceasing commitment to pro- been present, I would have voted nay.∑ vital arms control agreements, I al- tecting his community and for his con- f ways knew that David would be there tinued service to our State as he moves with me, fighting for what was right. into his new position with the New ADDITIONAL STATEMENTS His persistence, his focus on concrete Hampshire Attorney General’s office.∑ goals, and his constant, good-natured f TRIBUTE TO JESS LOCKWOOD advocacy helped make the United States and the world a safer place. TRIBUTE TO KEVIN CONCANNON ∑ Mr. DAINES. Mr. President, this It was President Harry Truman who ∑ week, I have the distinct honor of rec- said: ‘‘It’s amazing what you can ac- Mr. KING. Mr. President, that Kevin ognizing Jess Lockwood, a tough-as- complish if you don’t care who gets the Concannon retired is not news—he has nails cowboy from Volberg, MT. Earlier credit.’’ David, who lived by those done that several times before—and this week, Jess moved into the top spot words, deserves enormous credit. He each time he moved on to more excit- of the professional bullriders world will be sorely missed.∑ ing and challenging positions. rankings. In the early stages of this In 2016, Kevin Concannon retired f bullriding season, Jess has shared his from the USDA as the Undersecretary talent with rodeo fans across the Na- TRIBUTE TO ALEXANDER SCOTT of Food, Nutrition, and Consumer Serv- tion. From Sacramento to New York ∑ Ms. HASSAN. Mr. President, today I ices after 8 years of service. City, Jess has tackled the challenge of wish to ask my colleagues to join me in Kevin is a tireless advocate of peo- competing at the highest level and recognizing and congratulating Chief ple—all people. His work to assure that made Big Sky Country proud while Alexander Scott on his many years of every effort was made to address hun- doing it. Bullriding is a young person’s remarkable service to the city of Clare- ger in this country is an indicator of sport, and that maxim is brought to mont and the State of New Hampshire. his compassion, understanding of both life by this 19-year-old cowboy from the As the Claremont Police Department’s the issues and solutions, and his un- rolling hills of southeastern Montana. chief of police, Chief Scott has worked wavering faith in the ability of this When asked about his success in the tirelessly to ensure the safety and se- great country to care for those who are sport, Jess replied with graceful Mon- curity of the Claremont community. struggling—whether it is food insecu- tana simplicity: ‘‘I just have to keep The State of New Hampshire owes him rity or earlier in his career on mental staying on my bulls and doing my job.’’ a debt of gratitude for his service. health issues, long-term care, and child In the world of bullriding and in life Chief Scott’s history with the Clare- welfare. itself, Jess Lockwood’s Montana wis- mont Police Department dates back to At USDA, Kevin worked tirelessly to dom rings true. Jess focuses on what a summer internship in 1989 when he increase options for SNAP bene- needs to be accomplished and gets the was a member of the corps of cadets at ficiaries to access fresh local foods at job done. And he didn’t arrive at his Norwich University, the military col- farmers markets; he was determined level of success by circumstance, coin- lege of Vermont. Shortly after fin- that children should have more access cidence, good fortune, or luck. His ac- ishing his internship, Chief Scott was to nutritious foods in WIC, schools and complishments are the fruit of efforts hired part-time as a special officer. He child care—while Kevin and I agree on sown many years in advance and wa- finished his degree requirements early that goal—I must add—that as a native tered by a steady stream of hard work. and enrolled in the New Hampshire full Mainer, Kevin may have missed the In high school, these successful habits time police academy during his final mark on where white potatoes fit into led Jess to three Montana High School semester at Norwich. Upon graduating those meal plans. rodeo State championships. magna cum laude from Norwich and Kevin Concannon came to USDA Back home in Montana, we all hope completing the police academy, Chief with an amazingly broad spectrum of that his string of success continues, Scott started in the Claremont Police experience. From 1987–1995, he served and are confident he has what it takes Department’s patrol division. Two as the director of the Oregon Depart- to maintain his performance. Jess has years later, he transferred to the crimi- ment of Human Resources, after having confidence in his ability, too, and you nal division and rose to the level of as- served as Commissioner of the Maine need confidence if you are going to ride sistant department prosecutor, ignit- Department of Mental Health and Cor- a nearly 2,000-pound bull. His clarity of ing his passion for law. rections. In 1995, I was fortunate to be purpose to rise to the top in his chosen Chief Scott left the department to at- able to bring him back to his home field should be refreshing and rejuve- tend the Franklin Pierce Law Center. State of Maine to serve as the commis- nating to us all. Reflecting on his ac- In his first year, he married his wife sioner of Maine’s Department of complishments, Jess expressed his ap- Kathryn, with whom he has two daugh- Human Services. At the time, I com- proach this way, ‘‘You just have to ters, Hannah and Elyse. As a lawyer, mented that he was the Dan Marino of show up each weekend and expect your- Chief Scott continued to support his commissioners and welcomed him self to win,’’ and added ‘‘If you are community as the assistant county at- back. I would point out that Dan showing up each weekend, if you are torney for Sullivan County. He re- Marino is now serving as the vice presi- not planning on winning, what is the mained in that position until 2003 when dent of the Dolphins, and I expect that, point really?’’ Prepare, show up, and do he returned to the Claremont Police in the same way, Kevin Concannon will your best: that sounds like a Montana Department as the chief of police, a find ways to continue his public serv- recipe for success.∑ role in which he has served for over a ice—and that will benefit us all. f decade. As chief, he has not only Kevin led efforts throughout his ca- worked to preserve the peace and pro- reer to improve child welfare, expand REMEMBERING DAVID CULP tect the law, but he has also inspired Medicaid and child health insurance, ∑ Mrs. FEINSTEIN. Mr. President, future generations of public servants integrating programs of public health today I wish to discuss the recent pass- through his professorship at River Val- and medical care, improving systems ing of David Culp. He was an unassum- ley Community College and at his own for long-term care for elders and people ing American hero, a man who spent alma mater, Norwich University. Chief with disabilities. Many of those efforts much of his life working quietly but Scott will now retire from the police were national in scope, and he was se- tirelessly to reduce the threat of nu- department and return to practicing lected by his peers to serve as the clear weapons and eliminate them from law as he joins the criminal division of president of the American Public Wel- the face of the Earth. For more than 15 the New Hampshire Attorney General’s fare Association from 1994–1995. years, David led efforts at the Friends office. In every role, in every effort, Kevin Committee on National Legislation Claremont and all of New Hampshire Concannon has been an exemplary pub- and in the arms control community to have benefitted greatly from Chief lic servant and leader. reach that goal, working with Members Scott’s devotion and leadership. On be- Margaret Chase Smith said it best: of Congress on both sides of the aisle. half of my colleagues and the U.S. Con- ‘‘Public service must be more than

VerDate Sep 11 2014 09:04 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A09FE6.021 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1070 CONGRESSIONAL RECORD — SENATE February 9, 2017 doing a job efficiently and honestly. It (Mr. MURPHY) was added as a cosponsor oversight and the performance of the must be a complete dedication to the of S. 41, a bill to amend part D of title Federal Government. people and to the nation.’’ XVIII of the Social Security Act to re- S. 324 Kevin Concannon is the personifica- quire the Secretary of Health and At the request of Mr. HATCH, the tion of total dedication, honesty, and Human Services to negotiate covered name of the Senator from Nevada (Mr. determination to make the world a bet- part D drug prices on behalf of Medi- HELLER) was added as a cosponsor of S. ter place; that has been the hallmark care beneficiaries. 324, a bill to amend title 38, United of his work each and every day. S. 107 States Code, to improve the provision Congratulations and best wishes to At the request of Mr. CRUZ, the name of adult day health care services for Kevin Concannon and welcome home.∑ of the Senator from North Carolina veterans. f (Mr. BURR) was added as a cosponsor of S. 334 INTRODUCTION OF BILLS AND S. 107, a bill to prohibit voluntary or At the request of Mr. INHOFE, the JOINT RESOLUTIONS assessed contributions to the United names of the Senator from Utah (Mr. The following bills and joint resolu- Nations until the President certifies to HATCH) and the Senator from Utah (Mr. tions were introduced, read the first Congress that United Nations Security LEE) were added as cosponsors of S. 334, and second times by unanimous con- Council Resolution 2334 has been re- a bill to clarify that a State has the sent, and referred as indicated: pealed. sole authority to regulate hydraulic By Mr. COONS (for himself and Mr. S. 108 fracturing on Federal land within the GARDNER): At the request of Mr. HATCH, the boundaries of the State. S. 347. A bill to amend the Small Business names of the Senator from Florida (Mr. S. 335 Act and the Small Business Investment Act RUBIO) and the Senator from North At the request of Mr. INHOFE, the of 1958 to increase the percentage of loans Carolina (Mr. TILLIS) were added as co- guaranteed for small business concerns that names of the Senator from Utah (Mr. are manufacturers; to the Committee on sponsors of S. 108, a bill to amend the HATCH) and the Senator from Utah (Mr. Small Business and Entrepreneurship. Internal Revenue Code of 1986 to repeal LEE) were added as cosponsors of S. 335, By Mr. FRANKEN (for himself, Mr. the excise tax on medical devices. a bill to achieve domestic energy inde- REED, and Mr. BROWN): S. 168 pendence by empowering States to con- S. 348. A bill to amend title XVIII of the At the request of Mr. WICKER, the trol the development and production of Social Security Act to require the Secretary all forms of energy on all available of Health and Human Services to negotiate names of the Senator from West Vir- lower covered part D drug prices on behalf of ginia (Mrs. CAPITO), the Senator from Federal land. Medicare beneficiaries; to the Committee on Louisiana (Mr. CASSIDY), the Senator S.J. RES. 19 Finance. from Texas (Mr. CORNYN), the Senator At the request of Mr. PERDUE, the By Ms. HARRIS (for herself, Mr. from Oklahoma (Mr. INHOFE), the Sen- name of the Senator from Arizona (Mr. BLUMENTHAL, Mr. BOOKER, Mr. CAR- ator from Arkansas (Mr. BOOZMAN), the FLAKE) was added as a cosponsor of PER, Mrs. GILLIBRAND, Mr. MARKEY, Senator from Missouri (Mr. BLUNT), the S.J. Res. 19, a joint resolution pro- and Ms. WARREN): S. 349. A bill to clarify the rights of all per- Senator from Maine (Ms. COLLINS), the viding for congressional disapproval sons who are held or detained at a port of Senator from Indiana (Mr. YOUNG), the under chapter 8 of title 5, United entry or at any detention facility overseen Senator from Louisiana (Mr. KENNEDY) States Code, of the rule submitted by by U.S. Customs and Border Protection or and the Senator from Alabama (Mr. the Bureau of Consumer Financial Pro- U.S. Immigration and Customs Enforcement; SHELBY) were added as cosponsors of S. tection relating to prepaid accounts to the Committee on the Judiciary. 168, a bill to amend and enhance cer- under the Electronic Fund Transfer By Mr. FRANKEN (for himself, Mr. tain maritime programs of the Depart- Act and the Truth in Lending Act. SANDERS, and Mr. WYDEN): S. 350. A bill to amend the Securities Ex- ment of Transportation. S. RES. 50 change Act of 1934 to prohibit Members of S. 203 At the request of Mr. CARDIN, the Congress from receiving a discounted price At the request of Mr. BURR, the name of the Senator from California in certain private offerings of securities; to names of the Senator from South Da- (Mrs. FEINSTEIN) was added as a co- the Committee on Banking, Housing, and kota (Mr. THUNE) and the Senator from sponsor of S. Res. 50, a resolution re- Urban Affairs. South Carolina (Mr. SCOTT) were added affirming a strong commitment to the f as cosponsors of S. 203, a bill to reaf- United States-Australia alliance rela- SUBMISSION OF CONCURRENT AND firm that the Environmental Protec- tionship. SENATE RESOLUTIONS tion Agency may not regulate vehicles f used solely for competition, and for The following concurrent resolutions SUBMITTED RESOLUTIONS and Senate resolutions were read, and other purposes. referred (or acted upon), as indicated: S. 245 By Mr. MCCONNELL: At the request of Mr. HOEVEN, the SENATE RESOLUTION 57—TO CON- S. Res. 57. A resolution to constitute the name of the Senator from Wyoming STITUTE THE MAJORITY PAR- majority party’s membership on certain (Mr. ENZI) was added as a cosponsor of TY’S MEMBERSHIP ON CERTAIN committees for the One Hundred Fifteenth S. 245, a bill to amend the Indian Tribal COMMITTEES FOR THE ONE HUN- Congress, or until their successors are cho- Energy Development and Self Deter- sen; considered and agreed to. DRED FIFTEENTH CONGRESS, OR mination Act of 2005, and for other pur- UNTIL THEIR SUCCESSORS ARE f poses. CHOSEN ADDITIONAL COSPONSORS S. 255 Mr. MCCONNELL submitted the fol- S. 27 At the request of Mr. SCHATZ, the lowing resolution; which was consid- At the request of Mr. CARDIN, the name of the Senator from Virginia (Mr. ered and agreed to: WARNER) was added as a cosponsor of S. name of the Senator from North Da- S. RES. 57 kota (Ms. HEITKAMP) was added as a co- 255, a bill to increase the rates of pay under the General Schedule and other Resolved, That the following shall con- sponsor of S. 27, a bill to establish an stitute the majority party’s membership on independent commission to examine statutory pay systems and for pre- the following committees for the One Hun- and report on the facts regarding the vailing rate employees by 3.2 percent, dred Fifteenth Congress, or until their suc- extent of Russian official and unoffi- and for other purposes. cessors are chosen: cial cyber operations and other at- S. 306 COMMITTEE ON AGRICULTURE, NUTRITION, tempts to interfere in the 2016 United At the request of Mr. ISAKSON, the AND FORESTRY: Mr. Roberts (Chairman), Mr. States national election, and for other name of the Senator from West Vir- Cochran, Mr. McConnell, Mr. Boozman, Mr. Hoeven, Mrs. Ernst, Mr. Grassley, Mr. purposes. ginia (Mr. MANCHIN) was added as a co- Thune, Mr. Daines, Mr. Perdue, Mr. Strange. S. 41 sponsor of S. 306, a bill to provide for a COMMITTEE ON ARMED SERVICES: Mr. At the request of Ms. KLOBUCHAR, the biennial budget process and a biennial McCain (Chairman), Mr. Inhofe, Mr. Wicker, name of the Senator from Connecticut appropriations process and to enhance Mrs. Fischer, Mr. Cotton, Mr. Rounds, Mrs.

VerDate Sep 11 2014 08:25 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A09FE6.023 S09FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 9, 2017 CONGRESSIONAL RECORD — SENATE S1071 Ernst, Mr. Tillis, Mr. Sullivan, Mr. Perdue, SELECT COMMITTEE ON INTELLIGENCE The PRESIDING OFFICER. Without Mr. Cruz, Mr. Graham, Mr. Sasse, Mr. The Senate Select Committee on In- objection, it is so ordered. Strange. telligence is authorized to meet during COMMITTEE ON ENERGY AND NATURAL RE- the session of the 115th Congress of the f SOURCES: Ms. Murkowski (Chairman), Mr. Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. U.S. Senate on Thursday, February 9, Daines, Mr. Gardner, Mr. Alexander, Mr. 2017, from 2 p.m. to 3:30 p.m., in room ORDERS FOR FRIDAY, FEBRUARY Hoeven, Mr. Cassidy, Mr. Portman, Mr. SH–219 of the Senate Hart Office Build- 10, 2017 Strange. ing. Mr. PORTMAN. Mr. President, I ask COMMITTEE ON ENVIRONMENT AND PUBLIC SUBCOMMITTEE ON REGULATORY AFFAIRS AND unanimous consent that when the Sen- WORKS: Mr. Barrasso (Chairman), Mr. Inhofe, FEDERAL MANAGEMENT Mrs. Capito, Mr. Boozman, Mr. Wicker, Mrs. The Subcommittee on Regulatory Af- ate completes its business today, it ad- Fischer, Mr. Moran, Mr. Rounds, Mrs. Ernst, fairs and Federal Management of the journ until 9:30 a.m., Friday, February Mr. Sullivan, Mr. Shelby. 10; that following the prayer and COMMITTEE ON THE BUDGET: Mr. Enzi Committee on Homeland Security and (Chairman), Mr. Grassley, Mr. Crapo, Mr. Governmental Affairs is authorized to pledge, the morning hour be deemed Graham, Mr. Toomey, Mr. Johnson, Mr. meet during the session of the Senate expired, the Journal of proceedings be Corker, Mr. Perdue, Mr. Gardner, Mr. Ken- on Thursday, February 9, 2017, at 10 approved to date, and the time for the nedy, Mr. Boozman, Mr. Strange. a.m. in order to conduct a hearing enti- two leaders be reserved for their use f tled ‘‘Empowering Managers: Ideas for later in the day; further, that following a More Effective Federal Workforce.’’ leader remarks, the Senate proceed to AUTHORITY FOR COMMITTEES TO executive session to resume consider- MEET f ation of the Mnuchin nomination Mr. COTTON. Mr. President, I have PRIVILEGES OF THE FLOOR postcloture; finally, that all time dur- five requests for committees to meet Mr. BROWN. Mr. President, I ask ing morning business, recess, or ad- during today’s session of the Senate. unanimous consent that my health fel- journment of the Senate count They have the approval of the Majority low, Christa Wagner, be granted floor postcloture on the Mnuchin nomina- and Minority leaders. privileges for the remainder of the cal- tion. Pursuant to Rule XXVI, paragraph endar year. The PRESIDING OFFICER. Without 5(a), of the Standing Rules of the Sen- The PRESIDING OFFICER. Without objection, it is so ordered. ate, the following committees are au- objection, it is so ordered. thorized to meet during today’s session Mr. HATCH. Mr. President, I ask con- f of the Senate: sent that floor privileges be granted COMMITTEE ON ARMED SERVICES until June 30 to Christopher Walker, an ADJOURNMENT UNTIL 9:30 A.M. The Committee on Armed Services is academic fellow on my staff. TODAY authorized to meet during the session The PRESIDING OFFICER. Without Mr. PORTMAN. If there is no further of the Senate on Thursday, February 9, objection, it is so ordered. 2017, at 9:30 a.m. Mr. CASEY. Mr. President, I ask business to come before the Senate, I ask unanimous consent that it stand COMMITTEE ON FOREIGN RELATIONS unanimous consent that the following The Committee on Foreign Relations fellows on the Health, Education, adjourned under the previous order. is authorized to meet during the ses- Labor, and Pensions Committee, be There being no objection, the Senate, sion of the Senate on Thursday, Feb- granted floor privileges for the remain- at 2:31 a.m., adjourned until Friday, ruary 9, 2017, at 10 a.m., to hold a hear- der of the first session of the 115th Con- February 10, 2017, at 9:30 a.m. ing entitled ‘‘The United States, The gress: Luis Arzaluz, Sherronda f Russian Federation and the Challenges Sheppard, Brenda Ayon Verduzco, Ahead.’’ Anne Ordaway, and Aliza Auces. COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without CONFIRMATION The Committee on the Judiciary is objection, it is so ordered. Executive nomination confirmed by authorized to meet during the session Mr. BOOKER. Mr. President, I ask the Senate February 9, 2017: of the Senate on February 9, 2017, at 10 unanimous consent that privileges of DEPARTMENT OF HEALTH AND HUMAN SERVICES the floor be granted to the following a.m., in SD–226 of the Dirksen Senate THOMAS PRICE, OF GEORGIA, TO BE SECRETARY OF Office Building. member of my staff: Juan Gomez. HEALTH AND HUMAN SERVICES.

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THANK YOU AND FAREWELL commerce and a critical component to helping both my father and grandfather who were also grow our economy and create jobs. physicians. HON. TOM PRICE We’ve also worked together to preserve and That’s why we authored and introduced the OF GEORGIA safeguard Georgia and the Atlanta area’s ac- Empowering Patients First Act, an alternative IN THE HOUSE OF REPRESENTATIVES cess to a reliable water source, so that our to Obamacare with real, patient-centered re- local communities and state can continue to forms to build a more innovative and respon- Thursday, February 9, 2017 grow and prosper. sive health care system—one that empowers Mr. TOM PRICE of Georgia. Mr. Speaker, it More recently, we succeeded in enacting a patients and ensures they and their doctor is expected that the United States Senate will law to rename a Marietta Post Office in honor have the freedom to make health care deci- vote on my nomination to serve our nation as of a true hero, Marietta’s Marine Lance Cor- sions without bureaucratic interference or influ- the Secretary of the Department of Health and poral Skip Wells, a proud Marine who made ence. Human Services shortly after midnight tonight. the ultimate sacrifice and selflessly gave his Mr. Speaker, it is my goal and commitment Due to the schedule, if I am confirmed, this is life to protect his fellow servicemembers and to the American people that I will work as Sec- the last opportunity for me to address the to protect our nation. retary of HHS to ensure that our health care House. Mr. Speaker, I am honored to have served system adheres to what I call the six principles The opportunity to serve as a Member of and to have experienced firsthand our rep- of health care: affordability, accessibility, qual- the U.S. House of Representatives has truly resentative democracy in action, and along- ity, choices, innovation, and responsiveness. been one of the greatest honors of my life. side such honorable, dedicated public serv- The new administration and HHS will work Respectfully, allow me to take this opportunity ants who have offered me both their friendship together with the Congress to get Washington to reflect on my time in Congress over the and counsel during my time in Congress. out of the way, to protect and strengthen our past 12 years. Over the past twelve years, I have had the country’s health care system to help improve Mr. Speaker, first and foremost, I wish to honor to be chosen by my colleagues to serve the lives of the American people, to help heal thank my wife of 33 years, Betty. Her love, as Chairman of the Republican Study Com- individuals and whole communities across our support, encouragement, and advice means mittee in the 111th Congress and in the 112th beloved nation. more than I could ever say. In addition, as all Congress as a member of the House Repub- It is truly an honor to accept President here know, these jobs are family affairs—and lican Leadership as Chairman of the Repub- Trump’s nomination to serve our nation as the our son, Robert, allowed his dad to be absent lican Policy Committee. In these leadership Secretary of the Department of Health and more than either of us desired. We’re so very roles, my House colleagues and I have helped Human Services. My obligation will be to carry proud of the adult he has become. advance conservative Republican principles to the Department both an appreciation for bi- Furthermore, this job and my passion for and solutions aimed at tackling the challenges partisan, team-driven policymaking and what serving would not have been possible without facing America. has been a lifetime commitment to improving the support and friendship of my colleagues, Additionally, during the 114th Congress, it the health and well-being of the American community, family, constituents, and staff was an honor to be chosen to serve as the people. throughout the years. It has been a blessing to Chairman of the House Budget Committee I am humbled by the incredible challenges work with such talented and bright minds to where we succeeded in passing the first joint that lay ahead and enthusiastic for the oppor- advance positive solutions to some of our na- ten-year balanced budget agreement in over a tunity to be a part of solving them on behalf tion’s toughest issues and challenges. decade. That success was due in large part to of all Americans. There is much work to be As Members of Congress, our first priority is the tremendous staff on the committee as well done to ensure we have a health care system to be accessible and accountable to those we as my colleagues who served on this com- that works for patients, families, and doctors; serve, and to help support those living and mittee in both the House and Senate. that leads the world in the cure and prevention working in our communities. That is why I am Together, we have much to be proud of, es- of illness; and that is based on sensible rules proud to say that since 2005, 164 of Georgia pecially the work done to advance a real re- to protect the well-being of the country while 6th’s most bright and dedicated young people form of the Congressional Budget Process. embracing its innovative spirit. received an appointment to one of our nation’s We must fix our broken budget process in With a healthy dose of humility and appre- military academies. order to enhance constitutional authority, ciation for the scope of the challenges before In addition, we have responded to nearly strengthen budget enforcement, reverse the us, with the assistance of my fellow Americans 600,000 letters, calls, and emails. Our case- higher spending bias in Congress, control and with God’s will, we can make it happen. workers and team have had the privilege of automatic spending, increase transparency, Mr. Speaker, thank you for the opportunity helping over 11,000 constituents with federal and ensure fiscal sustainability. to appear before you today and once again, agencies. Throughout the years, as just one Our budget resolutions have provided blue- thank you to the constellation of individuals part of our outreach efforts, we’ve made con- prints for how we can put our nation’s fiscal who have given me this great honor to serve tact with over a million constituents via tele- house in order while saving and strengthening as the Congressman for Georgia’s 6th District. phone town halls. vital health and retirement programs as well May God continue to bless you and our be- To all the hardworking, decent citizens of as ensuring needed resources for those who loved United States of America. Georgia’s 6th District who have given me the protect and defend our great nation; solutions f privilege of representing them in Congress—I that will ensure taxpayer dollars from Amer- will be forever grateful. ican families and businesses are spent in an HONORING MAYOR MICHAEL Mr. Speaker, as you know, constituents are accountable and effective way. ‘‘MICKEY’’ STRAUB the reason that we’re given this honor to serve It is through the budget process that Con- and I know that my Georgia colleagues under- gress has begun an important effort to put in HON. PETER J. ROSKAM stand and appreciate this immense responsi- place positive, patient-centered solutions to fix OF ILLINOIS bility. our nation’s broken health care system. The IN THE HOUSE OF REPRESENTATIVES Over the years, my Georgia colleagues in status quo is harming Americans and their the U.S. House of Representatives and Geor- families. Thursday, February 9, 2017 gia’s Senators, including Senators ISAKSON, Mr. Speaker, as my colleagues know, help- Mr. ROSKAM. Mr. Speaker, I rise today to PERDUE, and Chambliss, and I have worked ing achieve access to quality, affordable recognize a dedicated public servant from the together to secure wins for our great state. health care for all Americans has long been a Sixth Congressional District of Illinois, Mayor We’ve worked in a bipartisan fashion to help driving force behind my legislative efforts in Michael ‘‘Mickey’’ Straub of Burr Ridge. Al- advance the necessary expansion of the Sa- Congress. My first professional calling was to most five years ago, Mayor Straub embarked vannah Harbor, key to promoting our state’s care for patients, following in the footsteps of on a historic and patriotic pilgrimage in honor

∑ 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 01:26 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.001 E09FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E170 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2017 of Lincoln and our veterans when he visited Appeals Court Justice to coordinate efforts in published yesterday in The Hill, entitled 50 capitols in 50 days. support of women nominated to federal and ‘‘When It Comes to Leading the Justice De- In 2012, between September 4 and October state supreme courts. That collaboration grew partment, the Senate Should Just Say No To 17, Mayor Straub drove nearly 15,000 miles to into the National Association of Women Sen. Sessions,’’ whose headquarters building 48 state capitols and flew to two others—Ha- Judges, which aimed to increase the number is named after Robert F. Kennedy, by Con- waii and Alaska. His momentous journey of women in the judiciary and to address the gresswoman SHEILA JACKSON LEE. began in Pennsylvania, and after a small cere- gender bias problems experienced by the few [From The Hill, Feb. 8, 2017] mony in Gettysburg outside the home where women who were on the bench. President WHEN IT COMES TO LEADING THE JUSTICE DE- Lincoln finished writing the Address, he trav- Jimmy Carter met with NAWJ in 1980, having PARTMENT, THE SENATE SHOULD JUST SAY eled to the state capitol in Harrisburg. Forty- appointed nearly four times the women to the NOTOSESSIONS three days later, he concluded his capitol jour- federal bench (38) than had ever been ap- (By Sheila Jackson Lee) ney in Springfield, Illinois in front of the Lincoln pointed by all of his predecessors. Many people think the role of the U.S. At- Tomb. In remarks later, she said: ‘‘We have been torney General is simply to be the nation’s The historic and record breaking trip was no warmly greeted [everywhere], and we’ve got- chief prosecutor. This seriously understates the responsibility, power, and moral author- easy task. The trip cost over $20,000 and ten tremendous support, even from local ity of the office. The attorney general is the added a great many miles to his Lincoln Town judges who were openly resentful of our orga- lawyer for the American people. He is not Car, homage to the 16th President. Neverthe- nizing initially. They have come around to be the president’s lawyer. The Attorney Gen- less, Mayor Straub remained steadfast in his quite supportive. . . .’’ eral leads the Department of Justice and jus- belief that the journey was a great success She served one of the longest tenures on tice is his client and his mission. As a mem- due to God and the American people saying, the bench in California history, retiring in 2007. ber of the President’s Cabinet, it is impor- ‘‘I launched the trip on behalf of God and I salute the life and legacy of Justice Spencer, tant that the Attorney General have the a legacy of service to the legal profession, to trust of the President, but as the ‘‘People’s country, but it was actually God and country Lawyer,’’ it is essential that he or she have that pulled me through. It started more about the state of California and to the nation. the trust and confidence of the American principles and patriotism, but it was the people f people. who kept me going.’’ The nomination of U.S. Sen. Jefferson RECOGNIZING THE EXPANSION OF Mayor Straub has represented his commu- Beauregard ‘‘Jeff’’ Sessions III of Alabama to CYPRESS BAPTIST CHURCH nity well and has been a strong voice for the be the next Attorney General of the United Village of Burr Ridge throughout his time in of- States does not inspire the required trust HON. MIKE JOHNSON and confidence. fice. His service to the people of Burr Ridge Many of the senator’s supporters, ranging OF LOUISIANA and to Illinois is truly commendable. It is our from his Republican colleagues in the Senate hope that the public will continue to benefit IN THE HOUSE OF REPRESENTATIVES to current and former staffers to home state from his involvement as a valued member of Thursday, February 9, 2017 friends and constituents, praise the senator the community and Mayor of Burr Ridge. for his modesty and courtesy and manners. Mr. JOHNSON of Louisiana. Mr. Speaker, it The four-term senator and former state and Mr. Speaker, please join me in congratu- is an honor for me to rise and recognize the lating Mayor Mickey Straub on his historic federal prosecutor is, we are told, learned in Cypress Baptist Church of Benton, Louisiana. the law, a person of deep faith, a good man journey across the United States, and also For over thirty years, Cypress Baptist has who loves his family, his state, and his coun- taking his lead in remembering the spirit of the blessed the lives of many in our region. Most try. Gettysburg Address and President Lincoln. recently, God has blessed Cypress Baptist We can, as the lawyers say, stipulate that f these assertions are true. But that does not Church with the means to expand their sanc- make him an appropriate and deserving can- THE PASSING OF VAINO HASSAN tuary to grow their ministry. didate to be Attorney General of the United SPENCER Their mission, ‘‘to help people come to States. And that is because the office of At- know Christ and to grow in Christ,’’ has been torney General and the Department of Jus- modeled by the church’s faithful congregation tice he or she leads is different in a very fun- HON. KAREN BASS and their commitment to the Lord is unwaver- damental way from every other Cabinet de- OF CALIFORNIA ing. Because of their continued stewardship, partment. IN THE HOUSE OF REPRESENTATIVES more and more people are answering the call Unlike, say, the secretary of Transpor- tation or Commerce or Education, or even Thursday, February 9, 2017 of God by being baptized and carrying out crit- the secretary of Defense or State, the Attor- Ms. BASS. Mr. Speaker, I would like to ical mission work. ney General leads a department that is Over the past two years the communities of honor the life and memory of California Ap- charged with administering the laws and en- Benton and Bossier City and surrounding peals Court Justice Vaino Hassan Spencer. forcing the Constitutional guarantees and areas have come together to help Cypress protections that directly affect every Amer- A month after Vaino was born in 1920, Baptist in its mission. This church has touched ican, all 320 million of us. women gained the right to vote. She grew up the lives of so many, and is growing exponen- Sen. Sessions may be a courtly and cour- during the Great Depression, started her pro- tially, and it is only fitting that God rewards teous Southern gentleman but those quali- fessional career as a real estate broker, and ties, charming and desirable as they may be them with the blessing of more space to carry married fellow broker Lorenzo Spencer in the in a senator, simply are not nearly enough to out their service. late 1940s. She embarked on a legal career make one fit to serve as Attorney General of Mr. Speaker, on behalf of the United States after graduating from Southwestern Law the United States of America. Congress, I am privileged to recognize Cy- The position of Attorney General is unique School in 1952, and practiced for nine years press Baptist Church and congratulate this pil- because he or she is the only Cabinet officer before then-governor Pat Brown appointed her lar of our community on its continued dedica- who owes a stronger allegiance to the Amer- to the Municipal Court bench in 1961, the first tion to the Kingdom. Their new sanctuary will ican people than to the president who nomi- African American woman to hold a judgeship be a true blessing to the people of our com- nated him or her. This is not true even for in California. She was elevated to the Superior the secretaries of State, of Defense, or of the munity. My wife, Kelly and I pray that the Spirit Court in 1976 by then-Governor Jerry Brown, Treasury because while they are all charged of the Lord continue to bless the congregation who went on to name her as presiding justice with upholding the Constitution, their views of Cypress Baptist Church. of Division One of the Second Appellate Dis- regarding the fundamental rights and civil f liberties of the American people are not es- trict Court of Appeal in 1980, making her the sential to the execution of their govern- first Black woman to sit on a California ap- URGING SENATE TO REJECT NOMI- mental duties. peals court. NATION OF SEN. JEFF SESSIONS One of the major reasons why the nomina- Justice Spencer believed in the concept of FOR ATTORNEY GENERAL tion of a sitting four-term senator to be At- ‘‘lift as you climb’’ and worked to create oppor- torney General is unprecedented is that the tunities for women and people of color, espe- HON. SHEILA JACKSON LEE role of a senator is to be a partisan advocate cially in the legal profession. She founded the for specific legislative outcomes while the OF TEXAS role of the Attorney General is to enforce Black Women Lawyers Association of Los An- IN THE HOUSE OF REPRESENTATIVES the law. It is dangerous to combine this par- geles in 1974 to provide support to those al- Thursday, February 9, 2017 tisan zeal with the power and discretion ready in the profession, and to assist others vested in the Attorney General to shape with scholarships, mentoring and guidance. Ms. JACKSON LEE. Mr. Speaker, I include legal policy in the federal judiciary. As At- The very next year, she joined with another in the RECORD the text of an op-ed that was torney General, Sen. Sessions will have an

VerDate Sep 11 2014 01:26 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K09FE8.001 E09FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 9, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E171 outsized role in determining which cases will lace in the successful effort to integrate the of intense opposition on so many critical be brought and what position the United University of Alabama. Think Elliot Rich- issues involving civil rights, women’s rights, States will take in cases decided by the Su- ardson, Attorney General under Republican voting rights, criminal justice and immigra- preme Court. President Richard Nixon, who stood for fidel- tion reform, and equal educational oppor- An alarming case in point is the Executive ity to the U.S. Constitution and the rule of tunity is the most compelling and powerful Order issued by the president banning Mus- law in the infamous ‘Saturday Night Mas- evidence that he should not be confirmed by lims from predominately Muslim countries sacre’ during the Watergate scandal. the Senate to be the nation’s 84th Attorney from entering the United States, which has Those who argue the Sessions’ nomination General. been denounced by leading national security is no different than those of Eric Holder and f and foreign policy experts, deemed unconsti- Loretta Lynch are simply wrong. The dif- tutional by scores of law professors and ference is stark—Eric Holder and Loretta RECOGNIZING THE POLISH LEGION other scholars, sparked peaceful mass dem- Lynch came to the office of Attorney Gen- MOTORCYCLE RIDING CLUB onstrations across the nation, and is opposed eral as career professionals with no history by a majority of the American public. The or record of partisan political advocacy. Un- president’s ban on Muslims entering the like Sen. Sessions, neither of them ever HON. BRIAN K. FITZPATRICK United States was deemed such a clear and served in a legislative body or voted to pass OF PENNSYLVANIA egregious violation of the Constitution that or defeat the legislation the Department of IN THE HOUSE OF REPRESENTATIVES then Acting Attorney General Sally Yates Justice is charged with administering. announced that she could not, consistent Nothing in Sen. Sessions’ 70 years inspires Thursday, February 9, 2017 with her oath, defend the order in court. any confidence that he possesses the quali- Mr. FITZPATRICK. Mr. Speaker, I rise today Sen. Sessions, however, appears not be ties of any of our distinguished former At- troubled in the slightest by the cavalier re- torneys General and there is less reason for to recognize the Polish Legion Motorcycle jection of the principle of religious liberty optimism that he will grow in office. Riding Club. Since 2011 this organization has implicit in the executive order. This is hard- As a U.S. senator from Alabama, the state brought together members of our community ly surprising since Sen. Sessions was one of from which the infamous Supreme Court de- of all ages who share a passion for riding mo- the earliest, most influential, and enthusi- cision in Shelby County v. Holder originated, torcycles. I would like to give special recogni- astic backers of the Trump presidential cam- Sen. Sessions has failed to play a construction to the group’s President, Szymon Moskal. paign and its unconscionable and unconstitu- tive role in repairing the damage to the Vot- Millions of citizens in the United States own tional immigration policies, including the ing Rights Act caused by that decision. He and ride motorcycles, making ridership an ‘‘total and complete shutdown of Muslims was one of the leading opponents of the reau- entering the United States’’ announced by thorization of the Violence Against Women American tradition. The Polish Legion Motor- candidate Trump in December 2015. As Sen. Act. Sen. Sessions’s record in support of ef- cycle Riding Club continues the proud tradition Sessions told ABC News in May 2016: ‘‘I don’t forts to bring needed reform to the nation’s of motorcycle ridership and enthusiasm found think Trump has gone too far, . . . we should criminal justice system is virtually non-ex- in my district, and across our great nation. It have a temporary ban on entry of people into istent. And his Senate voting record and is my privilege to assist them during their trip the country from the Muslim world, but rhetoric has endeared him to white nation- to our nation’s capital. that’s because we have an ineffective screen- alist websites and organizations like f ing process . . . so I think we’re moving in Breitbart and Stormfront. the right direction.’’ Sen. Sessions was the first federal pros- PERSONAL EXPLANATION As noted by the more than 1,000 State De- ecutor in the country to bring charges partment employees who have registered against civil rights activists for voter fraud their dissent to the executive order, because and has called the landmark Voting Rights HON. LUIS V. GUTIE´RREZ there has been a virtual absence of terror at- Act ‘‘a piece of intrusive legislation.’’ He is OF ILLINOIS tacks committed in recent years by Syrian, one of the Senate’s most hostile opponents of IN THE HOUSE OF REPRESENTATIVES Iraqi, Irani, Libyan, Somalia, Sudanese, and comprehensive immigration reform and was Yemeni nationals living in the United a principal architect of the draconian and in- Thursday, February 9, 2017 States, the president’s Muslim ban will have cendiary immigration policy advocated by Mr. GUTIE´ RREZ. Mr. Speaker, I was un- little practical effect in improving public the current president during the 2016 cam- avoidably absent in the House chamber for roll safety. paign. When it comes to the effort to diver- What it will do, however, is despoil our re- sify the federal judiciary in his home state of call vote 85 Tuesday, February 7, 2017. Had lations with these countries, and much of Alabama and the Eleventh Circuit Court of I been present, I would have voted ‘‘Nay’’ on the Muslim world, which sees the ban, right- Appeals, Sen. Sessions has at best been miss- roll call vote 85. ly, as religiously-motivated. So instead of ing in action. f strengthening relations with countries that As Attorney General of the state of Ala- should be our allies and partners in the fight bama, Sen. Sessions fought to continue prac- PROVIDING FOR CONGRESSIONAL against terrorism, we alienate them, inflame tices that harmed schools predominantly at- DISAPPROVAL OF RULE SUB- sentiment against the United States among tended by African-American students, in- MITTED BY DEPARTMENT OF their citizens, and deprive ourselves of vital cluding leading the fight to uphold the state EDUCATION RELATING TO AC- intelligence and resources needed to fight of Alabama’s inequitable school funding COUNTABILITY AND STATE the root causes of terror. mechanism after it had been deemed uncon- Adoption of this wrong-headed policy ap- stitutional by the Alabama circuit court. Al- PLANS pears to mean to Sen. Sessions that ‘‘we’re though Sen. Sessions has publicly taken moving in the right direction.’’ That any credit for desegregation efforts in the state SPEECH OF member of the President’s Cabinet could of Alabama, there is no evidence of his par- hold these views is very troubling. That such ticipation in the desegregation of Alabama HON. SHEILA JACKSON LEE views are held by the person who could be schools or any school desegregation lawsuits OF TEXAS the Attorney General is frightening and dis- filed by then-Attorney General Sessions. IN THE HOUSE OF REPRESENTATIVES qualifying. Sen. Session’s lengthy public record makes Tuesday, February 7, 2017 After all, the U.S. Attorney General and it difficult to place much faith in his testi- Justice Department is not only the instru- mony before the Senate Judiciary Com- Ms. JACKSON LEE. Mr. Speaker, I rise in ment of justice but also the living symbol of mittee. After staunchly opposing the Vio- strong opposition to H.J. Res. 57, the CRA the Constitution’s promise of equal justice lence Against Women Act, the repeal of Resolution for Disapproval of the Rule Sub- under law. The nation’s greatest Attorney ‘‘Don’t Ask, Don’t Tell,’’ the expansion of mitted by the Department of Education Relat- Generals conveyed this commitment to anti-hate legislation to include sexual ori- ing to Accountability and State Plans under equal justice by their prior experience, their entation, and fighting the removal of the words and deeds, and their character. Confederate flag from public buildings, the the Elementary and Secondary Education Act Think Herbert Brownell, Attorney General long-time opponent of voluntary desegrega- of 1965 (ESEA). for Republican President Eisenhower, who tion in Alabama now claims to be committed I oppose this legislation because the regula- oversaw the integration of Little Rock’s to the cause of equal opportunity for all tion Republicans seek to rescind is intended to Central High School. Think Robert Jackson, Americans. The proponent of overruling Roe reduce educational opportunities in student Attorney General for Democratic President v. Wade now presents himself as a defender achievement, quality of instruction, college Franklin Roosevelt, who led the prosecution and protector of a woman’s right to choose. readiness and other important outcomes. team at the Nazi War Crimes trial in The outspoken advocate of unfettered Sec- ESEA, the national education law, rep- Nuremburg, Germany. Think Robert F. Ken- ond Amendment rights now says he can be nedy, for whom the Main Justice Building is trusted to enforce the nation’s gun violence resents a longstanding commitment to equal named, bringing to bear the instruments of prevention laws. opportunity for all students. federal power to protect Mississippi Freedom Actions speak louder than words, and in ESEA authorizes state-run programs for eli- Riders and to stare down Gov. George Wal- the case of Sen. Sessions his 30-year record gible schools and districts eager to raise the

VerDate Sep 11 2014 01:26 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.003 E09FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E172 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2017 academic achievement of struggling learners By race and ethnicity: The previous version of the law, the No and address the complex challenges that arise African Americans: 73 percent; pre-Obama: Child Left Behind (NCLB) Act, was enacted in for students who live with disability, mobility 61 percent 2002. problems, learning difficulties, poverty, or tran- Hispanics: 76 percent; pre-Obama: 64 per- NCLB represented a significant step forward sience, or who need to learn English. cent for our nation’s children in many respects, par- The original goal of the law, which remains Whites: 87 percent; pre-Obama: 81 percent ticularly as it shined a light on where students today, was to improve educational equity for American Indian/Alaska Native: 70 percent: were making progress and where they needed students from lower-income families by pro- pre-Obama: 64 percent additional support, regardless of race, income, viding federal funds to school districts serving Asian/Pacific Islander: 89 percent; pre- zip code, disability, home language, or back- poor students. Obama: 91 percent ground. Typically, these school districts receive less Dropout rates are at historic lows. NCLB put in place measures that exposed state and local funding than those serving And more students are going to college than achievement gaps among traditionally under- more affluent children. ever before. served students and their peers and spurred Local property taxes are typically the pri- These achievements provide a firm founda- an important national dialogue on education mary funding source for schools, and property tion for further work to expand educational op- improvement. values are much lower in poorer areas, mak- portunity and improve student outcomes under This focus on accountability has been crit- ing the funds critical to children demonstrating ESSA. ical in ensuring a quality education for all chil- greater educational need. ESSA includes provisions that will help to dren, yet also revealed challenges in the ef- ESEA is the single largest source of federal ensure success for students and schools. fective implementation of this goal. spending on elementary and secondary edu- Below are just a few benefits provided by the The law was scheduled for revision in 2007, cation. ESSA: and, over time, NCLB’s prescriptive require- ESEA demands accountability in state plans 1) Advances equity by upholding critical pro- ments became increasingly unworkable for addressing deficiencies in high needs edu- tections for America’s disadvantaged and schools and educators. cational policy in return for the taxpayer dol- high-need students. Parents, educators, and elected officials lars. 2) Require—for the first time, that all stu- across the country recognized that a strong, Because of this regulation states and dis- dents in America be taught to high academic updated law was necessary to expand oppor- tricts must now show that they are working to standards that will prepare them to succeed in tunity to all students; support schools, teach- meet the needs and providing a quality edu- college and careers. ers, and principals; and to strengthen our education to all of their students. 3) Ensures that vital information is provided When education policy folks talk about ac- cation system and economy. to educators, families, students, and commu- Recognizing this fact, in 2010, the Obama countability, this is what they mean. nities through annual statewide assessments Administration joined a call from educators Recognizing the continuing vital need for that measure students’ progress toward those this landmark legislation, the 50-year-old Ele- and families to create a better law that fo- high standards. cused on the clear goal of fully preparing all mentary and Secondary Education Act of 1965 4) Helps to support and grow local innova- was reauthorized as the Every Student Suc- students for success in college and careers. tion including evidence-based and place- Congress has responded to that call allow- ceeds Act, with strong bipartisan majorities based interventions developed by local lead- and it was signed by President Obama on De- ing the Every Student Succeeds Act to reflect ers and educator, consistent with our Investing many of the priorities previously debated. cember 10, 2015. in Innovation and Promise Neighborhoods. The joint resolution before us today, would Additionally, in 2012, the Obama Adminis- 5) Sustains and expands this administra- tration began granting flexibility to states re- nullify the rule finalized by the Department of tion’s historic investments in increasing access Education on November 29, 2016, relating to garding specific requirements of NCLB in ex- to high-quality preschool. change for rigorous and comprehensive state- accountability and state plans under the Ele- 6) Maintains an expectation that there will mentary and Secondary Education Act of developed plans designed to close achieve- be accountability, and action to effect positive ment gaps, increase equity, improve the qual- 1965. change in our lowest-performing schools, H.J. Res. 57 is the latest Republican at- ity of instruction, and increase outcomes for all where groups of students are not making tempt to dismantle the oversight and enforce- students. progress, and where graduation rates are low ment authority of the Department of Education The law today, offers flexibility to states over extended periods of time. and undermine public education. from some of the previously more cum- Thus far: The Elementary and Secondary Education bersome provisions. The Trump Administration nominated Betsy Act (ESEA) passed as a cornerstone of Presi- In order to qualify for this flexibility, states DeVos, a candidate for Secretary of Education dent Lyndon. B. Johnson’s War on Poverty have to demonstrate that they have adopted with no practical education experience who was signed into law on April 9, 1965. college and career-ready standards and as- pledges to redirect $20 billion in federal fund- This law brought education into the forefront sessments, implemented school accountability ing to private school voucher programs; of the national assault on poverty and rep- systems that focused on the lowest-performing Administration sources leaked plans to resented a landmark commitment to equal ac- schools and those with the largest achieve- eliminate the Under Secretary position and cess to quality education. ment gaps, and ensured that districts were im- outsource higher education policy to a task The ESEA is a comprehensive statute that plementing teacher and principal evaluation force headed by the controversial Jerry funds primary and secondary education, em- and support systems. Falwell, Jr., the President of Liberty University; phasizing high standards and accountability. These efforts should not be compromised. The Department removed all Every Student As mandated in the Act, funds are author- H.J. Res. 57 however, puts politics before Succeeds Act technical assistance resources ized for professional development, instruc- America’s 50 million public school students. to the states from the public domain; and tional materials, resources to support edu- It takes an axe to a consensus-driven ESSA Republicans have filed two joint resolutions cational programs, and the promotion of pa- rule that was developed with, and supported of disapproval to block and prevent re-regula- rental involvement. by, the broader education community, includ- tion of key equity protections for students and The government has reauthorized the Act ing states, districts, civil rights groups, parents, educators—this bill and H.J. Res. 58, the Con- every five years since its enactment. and teachers. gressional Review Act (CRA) Resolution for President Johnson believed that full edu- Republicans want blanket deregulation of Disapproval of the Rule Submitted by the De- cational opportunity should be our first national federal education programs in an attempt to partment of Education Relating to Teacher goal. stall implementation of equity-focused provi- Preparation Issues. From its inception, ESEA was a civil rights sions and allow states and districts the ulti- Mr. Speaker, current education law and pol- law. mate flexibility to ignore laws and federal re- icy builds on key areas of progress in recent ESEA offered new grants to districts serving quirements intended to protect disadvantaged years, made possible by the efforts of edu- low-income students, federal grants for text- students. cators, communities, parents, and students books and library books, funding for special The CRA has been used only once in Con- across the country. education centers, and scholarships for low-in- gress’ history. Today, high school graduation rates are at come college students. Using it to block regulatory action to support all-time highs: Additionally, the law provided federal grants and improve public education is extreme and Graduation rate of U.S. public high schools: to state educational agencies to improve the a gross abuse of power. 83.2 percent for the 2014–15 school year, an quality of elementary and secondary edu- Resolutions introduced by Republicans in all-time high; pre-Obama: 75 percent cation. the last week, including H.J. Res. 57, set a

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Res. 57 is a political power women to sell on the market, creating a struc- fail to equip them with the tools necessary to play that would undo enforcement of key eq- tured system of organized kidnapping, rape, master and hone the craft they pass along to uity protections in this bipartisan civil rights and sexual slavery. The horrific nature of our youth. law. these crimes is beyond condemnation. Today, This joint resolution would nullify the Teach- States are currently drafting plans to imple- between 3,000–4,000 Yazidi women and girls er Preparation Issues rule finalized by the De- ment this very regulation. are still held captive by ISIS, the ‘‘bleeding partment of Education on October 31, 2016, ESSA affords states and districts unprece- wound of Iraq,’’ as MP Dakhil describes. tying the hands of any and all future adminis- dented flexibility. As we gather here, we must recognize that trations in improving the transparency and H.J. Res. 57 would pull the rug out from the international community, the United States quality of teacher preparation programs until under states and districts that are working included, has in large part failed to act. We the Higher Education Act (HEA) is success- hard to ensure the civil rights legacy of the continue to fail to exercise our moral leader- fully reauthorized. law, leaving them without the clarity and direc- ship to bring aid to those in need, even as The Teacher Preparation Issues rule estab- tion needed to fully use new flexibilities and crimes against humanity occur on a daily lished indicators that States must use to report meet federal requirements. basis. on teacher preparation program performance, H.J. Res. 57 strikes at the heart of ESSA. Just two weeks ago, the world observed to help ensure that the quality of teacher prep- Blocking implementation and reregulation of International Holocaust Remembrance Day. aration programs is judged on reliable and ESSA’s core requirements in accountability, Many of us have heard the affirmation of valid indicators of program performance. Section 205 of the HEA requires States and state plans, and data and reporting will leave ‘‘never again’’ in relation to the Holocaust. institutions of higher education (IHEs) annually States in limbo and jeopardize protections for When I think of the Yazidi people, and the to report on various characteristics of their vulnerable students that Democrats cham- Shabak, the Turkmen, Shias, Sunnis, Chris- teacher preparation programs, including an as- pioned in reauthorization. tians, the Rohinga, and the Darfuri, I ask my- If unhappy with the final rule, the Trump Ad- sessment of program performance. self if the true meaning of this proclamation is, Under the rule that this menacing legislation ministration should use administrative tools at in fact, losing its meaning. Each of us has a would obliterate requirements in the collection its disposal to amend and revise the regula- responsibility to fight against injustice no mat- and dissemination of more meaningful data on tion. ter where we find it in the world. teacher preparation program quality. Use of CRA is a political gimmick that In Congress, I have introduced H.R. 379, These reporting requirements exist in part to harms students, teachers, and taxpayers. the Justice for Yazidis Act, a proposal that ensure that members of the public, prospec- I urge you to oppose this Republican scare would establish and fund vital programming for tive teachers and employers (districts and tactic of a bill. the Yazidi people and other religious minori- schools), and the States, IHEs, and programs f ties. My bill establishes a healthcare and psy- themselves have accurate information on the chosocial support program that places an em- quality of these teacher preparation programs. CONGRATULATING THE HON. MP phasis on providing trauma therapy for chil- VIAN DAKHIL ON RECEIVING These requirements also provide an impetus dren and survivors of sexual slavery, as well to States and IHEs to make improvements THE 2016 LANTOS HUMAN RIGHTS as a psychologist, physical therapist, and so- PRIZE where they are needed. cial worker training program to provide training The Department’s existing title II reporting to psychologists and social workers who system framework has not, however, ensured HON. ALCEE L. HASTINGS speak Kurmanji or the Shengali dialect of sufficient quality feedback to various stake- OF FLORIDA Kurmanji. MP Dakhil already works tirelessly holders on program performance. IN THE HOUSE OF REPRESENTATIVES to support these types of programs. The A U.S. Government Accountability Office Thursday, February 9, 2017 United States can, and should, do more to as- (GAO) report found that some States are not sist in these noble and just efforts. assessing whether teacher preparation pro- Mr. HASTINGS. Mr. Speaker, I rise to con- Congressman Lantos used to say that; ‘‘the grams are low-performing, as required by law, gratulate the Honorable MP Vian Dakhil on re- veneer of civilization is paper thin. We are its and so prospective teachers may have dif- ceiving the 2016 Lantos Human Rights Prize. guardians. We can never rest.’’ I am proud to ficulty identifying low-performing teacher prep- I was very appreciative of the Lantos Founda- honor MP Dakhil as one of the world’s guard- aration programs, possibly resulting in teach- tion for inviting me to participate in today’s ians. ers who are not fully prepared to educate chil- ceremony conferring the award. For decades, f dren. Congressman Tom Lantos championed In addition, struggling teacher preparation human rights in the U.S. House of Represent- PROVIDING FOR CONGRESSIONAL programs may not receive the technical assist- atives, and I was very privileged to have DISAPPROVAL OF RULE SUB- ance they need and, like the teaching can- served alongside him. Today, the Commission MITTED BY DEPARTMENT OF didates themselves, school districts, and other and the Foundation that bear his name con- EDUCATION RELATING TO stakeholders, will not be able to make in- tinue his vital work, fighting for human dignity TEACHER PREPARATION ISSUES formed decisions. for all people. The final regulations also link assessments SPEECH OF MP Dakhil first captured the world’s atten- of program performance under HEA title II to tion in August 2014 as she pleaded with the HON. SHEILA JACKSON LEE eligibility for the Federal TEACH Grant pro- Iraqi parliament to help her people, the Yazidi, OF TEXAS gram. besieged on Mount Sinjar. Since then, she IN THE HOUSE OF REPRESENTATIVES The TEACH Grant program, authorized by has spent the last two and a half years res- the HEA, provides grants to eligible IHEs, Tuesday, February 7, 2017 cuing girls and young women enslaved by the which, in turn, use the funds to provide grants Islamic State, coordinating rescue missions Ms. JACKSON LEE. Mr. Speaker, I rise in of up to $4,000 annually to eligible teacher into ISIS territory to bring girls and women out strong opposition to H.J. Res. 58, the Con- preparation candidates who agree to serve as of bondage. Even as she continues to rep- gressional Review Act (CRA) Resolution for full-time teachers in high-need fields at low-in- resent her people in the Iraqi parliament, she Disapproval of the Rule submitted by the De- come schools for not less than four academic works tirelessly to support survivors and chil- partment of Education relating to Teacher years within eight years after completing their dren orphaned by the genocide. In taking a Preparation Issues, because the regulation courses of study. stand for the Yazidi people, MP Dakhil has Republicans seek to rescind will have the ef- Thousands of novice teachers enter the pro- embodied the very definition of heroism. Her fect of reducing educational opportunities in fession every year and their students deserve bravery and moral clarity make her as fitting a student achievement, quality of instruction, to have well-prepared teachers. recipient of the 2016 Lantos Human Rights college readiness and other important out- Current educational policy is committed to Prize as any I can think of. comes. ensuring that the measures by which States The Yazidi people have suffered a grave in- Teaching is a very noble profession that judge the quality of teacher preparation pro- justice at the hands of the Islamic State. ISIS shapes the character, caliber, and future of an grams reflect the true quality of the programs

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HIGHLIGHTS Senator-Designate Luther Strange, of Alabama, was administered the oath of office by the President pro tempore. Senate confirmed the nomination of Thomas Price, of Georgia, to be Sec- retary of Health and Human Services. Senate following Leader remarks on Monday, February 13, Chamber Action 2017, there be up to 7 hours of debate remaining Routine Proceedings, pages S975–S1071 on nomination of Steven T. Mnuchin, of California, Measures Introduced: Four bills and one resolution to be Secretary of the Treasury, and that following were introduced, as follows: S. 347–350, and S. Res. the disposition of the nomination, Senate begin con- 57. Page S1070 sideration of the nomination of David J. Shulkin, of Measures Passed: Pennsylvania, to be Secretary of Veterans Affairs, and that there be 10 mins of debate on the nomination, Majority Party’s Membership on Certain Com- equally divided in the usual form, and that following mittees: Senate agreed to S. Res. 57, to constitute the use or yielding back of time, Senate vote on con- the majority party’s membership on certain commit- firmation of the nomination, with no intervening ac- tees for the One Hundred Fifteenth Congress, or tion or debate; and that no further motions be in until their successors are chosen. Page S1071 order; that following Leader remarks on Tuesday, Swearing-in of Senator Strange: The Chair laid February 14, 2017, Senate begin consideration of the before the Senate the certificate of appointment of nomination of Linda E. McMahon, of Connecticut, to Senator-Designate Luther Strange, of the State of be Administrator of the Small Business Administra- Alabama, and the oath of office was then adminis- tion; and that the time until 11 a.m. be equally di- tered as required by the U.S. Constitution and pre- vided in the usual form, and that following the use scribed by law. Page S999 or yielding back of time, Senate vote on confirma- Mnuchin Nomination—Agreement: Senate re- tion of the nomination, with no intervening action sumed consideration of the nomination of Steven T. or debate; and that no further motions be in order. Mnuchin, of California, to be Secretary of the Treas- Page S1068 ury. Page S1068 Nomination Confirmed: Senate confirmed the fol- During consideration of this nomination today, lowing nomination: Senate also took the following action: By 52 yeas to 47 nays (Vote No. EX. 61), Thom- By 53 yeas to 46 nays (Vote No. 62), Senate as Price, of Georgia, to be Secretary of Health and agreed to the motion to close further debate on the Human Services. Pages S976–99, S999–S1068 nomination. Page S1068 A unanimous-consent agreement was reached pro- Additional Cosponsors: Page S1070 viding for further consideration of the nomination at Statements on Introduced Bills/Resolutions: approximately 9:30 a.m., on Friday, February 10, Pages S1070–71 2017, post-cloture; and that all time during Morn- Additional Statements: Page S1069–70 ing Business, recess, or adjournment of the Senate Authorities for Committees to Meet: Page S1071 count post-cloture on the nomination. Page S1071 Shulkin and McMahon Nominations—Agree- Privileges of the Floor: Page S1071 ment: A unanimous-consent-time agreement was Record Votes: Two record votes were taken today. reached providing that notwithstanding rule XXII, (Total—62) Page S1067–68 D137

VerDate Sep 11 2014 09:26 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09FE7.REC D09FEPT1 SSpencer on DSK7TPTVN1PROD with DIGEST D138 CONGRESSIONAL RECORD — DAILY DIGEST February 9, 2017 Adjournment: Senate convened at 10 a.m. on EMPOWERING MANAGERS Thursday, February 9, 2017 and adjourned at 2:31 Committee on Homeland Security and Governmental Af- a.m. on Friday, February 10, 2017, until 9:30 a.m. fairs: Subcommittee on Regulatory Affairs and Fed- on the same day. (For Senate’s program, see the re- eral Management concluded a hearing to examine marks of the Acting Majority Leader in today’s empowering managers, focusing on ideas for a more Record on page S1071.) effective Federal workforce, after receiving testimony from Robert E. Corsi, Jr., USAF (Ret.), former As- Committee Meetings sistant Deputy Chief of Staff of the Air Force for Manpower, Personnel and Services, Burke, Virginia; (Committees not listed did not meet) Renee M. Johnson, Federal Managers Association, AFGHANISTAN Alexandria, Virginia; and Bill Valdez, Senior Execu- tives Association, and J. David Cox, Sr., American Committee on Armed Services: Committee concluded a Federation of Government Employees, AFL–CIO, hearing to examine the situation in Afghanistan, both of Washington, D.C. after receiving testimony from General John W. Nicholson, Jr., USA, Commander, Resolute Support, BUSINESS MEETING Commander, United States Forces—Afghanistan, De- partment of Defense. Committee on the Judiciary: Committee ordered favor- ably reported S. 178, to prevent elder abuse and ex- UNITED STATES AND RUSSIA ploitation and improve the justice system’s response Committee on Foreign Relations: Committee concluded to victims in elder abuse and exploitation cases. a hearing to examine the United States, the Russian Federation, and the challenges ahead, after receiving INTELLIGENCE testimony from General Philip M. Breedlove, USAF Select Committee on Intelligence: Committee held closed (Ret.), Atlantic Council, and Julianne Smith, Center hearings on intelligence matters, receiving testimony for a New American Security Strategy and Statecraft from officials of the intelligence community. Program, both of Washington, D.C. Committee recessed subject to the call. h House of Representatives Chairman; Representatives Pittenger, Franks (AZ), Chamber Action and Hultgren. Page H1089 Public Bills and Resolutions Introduced: 16 pub- British-American Interparliamentary Group— lic bills, H.R. 985–1000; and 4 resolutions, H.J. Appointment: The Chair announced the Speaker’s Res. 70; and H. Res. 111–113, were introduced. appointment of the following Member on the part of Page H1099 the House to the British-American Interparliamen- Additional Cosponsors: Page H1100 tary Group: Representative Cole. Page H1089 Reports Filed: There were no reports filed today. Virgin Islands of the United States Centennial Speaker: Read a letter from the Speaker wherein he Commission—Appointment: The Chair announced appointed Representative Thomas J. Rooney (FL) to the Speaker’s appointment of the following Members on the part of the House to the Virgin Islands of the act as Speaker pro tempore for today. Page H1089 United States Centennial Commission: Representa- Guest Chaplain: The prayer was offered by the tives MacArthur and Love. Page H1089 Guest Chaplain, Rev. William Gurnee, St. Joseph’s House Democracy Partnership—Appointment: Catholic Church, Washington, DC. Page H1089 The Chair announced the Speaker’s appointment of Congressional-Executive Commission on the Peo- the following Members to the House Democracy ple’s Republic of China—Appointment: The Partnership: Representatives Buchanan, Fortenberry, Chair announced the Speaker’s appointment of the Conaway, Walorski, Smith (NE), Knight, Rice (SC), following Members on the part of the House to the Womack, Woodall, and Flores. Page H1089 Congressional-Executive Commission on the People’s Canada-United States Interparliamentary Republic of China: Representative Smith (NJ), Co- Group—Appointment: The Chair announced the

VerDate Sep 11 2014 09:26 Feb 10, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D09FE7.REC D09FEPT1 SSpencer on DSK7TPTVN1PROD with DIGEST February 9, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D139 Speaker’s appointment of the following Members on United States Holocaust Memorial Council—Ap- the part of the House to the Canada-United States pointment: The Chair announced the Speaker’s ap- Interparliamentary Group: Representative Huizenga, pointment of the following Members on the part of Chairman; Representatives Young (AK), Poliquin, the House to the United States Holocaust Memorial and Cramer. Page H1089 Council: Representatives Ros-Lehtinen, Zeldin, and Mexico-United States Interparliamentary Kustoff (TN). Page H1090 Group—Appointment: The Chair announced the President’s Export Council—Appointment: The Speaker’s appointment of the following Members on Chair announced the Speaker’s appointment of the the part of the House to the Mexico-United States following Members on the part of the House to the Interparliamentary Group: Representative McCaul, President’s Export Council: Representatives Tiberi, Chairman; Representative Duffy, Vice-Chairman; Kelly (PA), and Reichert. Page H1090 Representatives Hurd and Pearce. Page H1090 Senate Messages: Messages received from the Senate John F. Kennedy Center for the Performing by the Clerk and subsequently presented to the Arts—Appointment: The Chair announced the House today appear on page H1090. Speaker’s appointment of the following Member on Quorum Calls—Votes: There were no yea-and-nay the part of the House to the Board of Trustees of votes, and there were no recorded votes. There were the John F. Kennedy Center for the Performing no quorum calls. Arts: Representative Comstock. Page H1090 Adjournment: The House met at 2:30 p.m. and ad- National Historical Publications and Records journed at 2:37 p.m. Commission—Appointment: The Chair announced the Speaker’s appointment of the following Member Committee Meetings on the part of the House to the National Historical No hearings were held. Publications and Records Commission: Representa- tive Meadows. Page H1090 Western Hemisphere Drug Policy Commission— Joint Meetings Appointment: The Chair announced the Speaker’s No joint committee meetings were held. appointment of the following individual on the part f of the House to the Western Hemisphere Drug Pol- COMMITTEE MEETINGS FOR FRIDAY, icy Commission: Ms. Mary Bono, Washington, DC. FEBRUARY 10, 2017 Page H1090 (Committee meetings are open unless otherwise indicated) Board of Visitors to the United States Naval Academy—Appointment: The Chair announced Senate the Speaker’s appointment of the following Members No meetings/hearings scheduled. on the part of the House to the Board of Visitors to the United States Naval Academy: Representatives House Murphy (PA) and DeSantis. Page H1090 No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, February 10 12 noon, Monday, February 13

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: To be announced. of the nomination of Steven T. Mnuchin, of California, to be Secretary of the Treasury, post-cloture.

Extensions of Remarks, as inserted in this issue

HOUSE

Bass, Karen, Calif., E170 Fitzpatrick, Brian K., Pa., E171 Gutie´rrez, Luis V., Ill., E171 Hastings, Alcee L., Fla., E173 Johnson, Mike, La., E170 Jackson Lee, Sheila, Tex., E170, E171, E173 Price, Tom, Ga., E169 Roskam, Peter J., Ill., E169

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