[Congressional Record Volume 165, Number 77 (Thursday, May 9, 2019)]
[House]
[Pages H3510-H3519]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR CONSIDERATION OF H.R. 986, PROTECTING AMERICANS WITH
PREEXISTING CONDITIONS ACT OF 2019, AND PROVIDING FOR CONSIDERATION OF
H.R. 2157, SUPPLEMENTAL APPROPRIATIONS ACT, 2019
Ms. SHALALA. Madam Speaker, by direction of the Committee on Rules, I
call up House Resolution 357 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 357
Resolved, That at any time after adoption of this
resolution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 986) to provide that certain guidance related
to waivers for State innovation under the Patient Protection
and Affordable Care Act shall have no force or effect. The
first reading of the bill shall be dispensed with. All points
of order against consideration of the bill are waived.
General debate shall be confined to the bill and shall not
exceed one hour equally divided and controlled by the chair
and ranking minority member of the Committee on Energy and
Commerce. After general debate the bill shall be considered
for amendment under the five-minute rule. The bill shall be
considered as read. All points of order against provisions in
the bill are waived. No amendment to the bill shall be in
order except those printed in part A of the report of the
Committee on Rules accompanying this resolution. Each such
amendment may be offered only in the order printed in the
report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for
the time specified in the report equally divided and
controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against such amendments are
waived. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. The
previous question shall be considered as ordered on the bill
and amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
Sec. 2. At any time after adoption of this resolution the
Speaker may, pursuant to clause 2(b) of rule XVIII, declare
the House resolved into the Committee of the Whole House on
the state of the Union for consideration of the bill (H.R.
2157) making supplemental appropriations for the fiscal year
ending September 30, 2019, and for other purposes. The first
reading of the bill shall be dispensed with. All points of
order against consideration of the bill are waived. General
debate shall be confined to the bill and shall not exceed one
hour equally divided and controlled by the chair and ranking
minority member of the Committee on Appropriations. After
general debate the bill shall be considered for amendment
under the five-minute rule. An amendment in the nature of a
substitute consisting of the text of Rules Committee Print
116-12, modified by the amendment printed in part B of the
report of the Committee on Rules accompanying this
resolution, shall be considered as adopted in the House and
in the Committee of the Whole. The bill, as amended, shall be
considered as the original bill for the purpose of further
amendment under the five-minute rule and shall be considered
as read. All points of order against provisions in the bill,
as amended, are waived. Clause 2(e) of rule XXI shall not
apply during consideration of the bill. No further amendment
to the bill, as amended, shall be in order except those
printed in part C of the report of the Committee on Rules.
Each such further amendment may be offered only in the order
printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. All points of order against such
further amendments are waived. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill, as amended, to the House with such
further amendments as may have been adopted. The previous
question shall be considered as ordered on the bill, as
amended, and any further amendment thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
The SPEAKER pro tempore. The gentlewoman from Florida is recognized
for 1 hour.
Ms. SHALALA. Madam Speaker, for the purpose of debate only, I yield
the customary 30 minutes to the gentleman from Texas (Mr. Burgess),
pending which I yield myself such time as I may consume. During
consideration of this resolution, all time yielded is for the purpose
of debate only.
General Leave
Ms. SHALALA. Madam Speaker, I ask unanimous consent that all Members
be given 5 legislative days to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. SHALALA. Madam Speaker, on Tuesday, the Rules Committee met and
reported a rule, House Resolution 357, providing for consideration of
H.R. 986, the Protecting Americans with Preexisting Conditions Act,
under a structured rule.
The rule makes in order 12 amendments. The rule provides 1 hour of
debate equally divided and controlled by the chair and the ranking
member of the Committee on Energy and Commerce.
The rule also provides for consideration of H.R. 2157, the
Supplemental Appropriations Act, under a structured rule. The rule
self-executes a manager's amendment and makes in order 10 amendments to
H.R. 2157.
Finally, the rule provides 1 hour of debate equally divided and
controlled by the chair and ranking member of the Committee on
Appropriations.
Madam Speaker, I rise today in support of the two bills in this rule,
H.R. 986, the Protecting Americans with Preexisting Conditions Act of
2019, and H.R. 2157, the Supplemental Appropriations Act.
H.R. 986 will ensure that the patient protections and benefits of the
Affordable Care Act are protected. It will prevent this administration
from doing administratively what they failed to do legislatively, make
health insurance inaccessible for the, at least, 52 million Americans
who live with preexisting conditions.
The administration is trying to coax States, through misuse of the
1332 innovation waivers, to make available plans that don't cover all
of the essential health benefits that the ACA requires, or don't cover
preexisting conditions, possibly with tax credits. This is consumer
fraud. It is a misuse of taxpayer money.
The administration would make it possible for plans to deny coverage
or charge higher premiums based on health status. Under their guidance,
plans could have lifetime or annual limits. They would be able to
charge higher rates to older people than the ACA allows and are not
required is cover essential health benefits.
It will hurt consumers who think they are buying comprehensive health
insurance and then find out that their plan doesn't cover whatever
health crisis they may be facing.
The guidance from the administration is a back door to destroying the
Affordable Care Act. H.R. 986 makes sure that that will not happen.
{time} 1230
I also rise to support H.R. 2157. The disaster supplemental will
provide $17.2 billion in disaster relief to communities across America,
including my own State of Florida.
The House passed a similar bill in January, which the Senate failed
to take up. Since January, there have been floods in the Midwest and
tornadoes in Alabama, and we have included additional money to fund
those disasters.
No American should wait for assistance while Congress squabbles.
Seven months have passed since Hurricane Michael devastated the
panhandle in Florida, including completely leveling Tyndall Air Force
Base. It is time to pass both of these bills.
Madam Speaker, I reserve the balance of my time.
Mr. BURGESS. Madam Speaker, I thank the gentlewoman for yielding me
the customary 30 minutes, and I yield myself as much time as I may
consume.
Madam Speaker, today, we are considering a bill that appropriates a
little over $17 billion for disasters affecting all parts of the United
States.
As Members of Congress, we are elected to serve the people, and part
of that duty is providing emergency aid when disaster strikes. I am
supportive of disaster relief, and we certainly could have provided
this crucial aid months ago. At this time, our communities are still in
need.
This is the third time that the House will consider a relief bill to
address the same set of disasters.
On 20 December 2018, the House of Representatives passed a continuing
[[Page H3511]]
resolution to fund the government through February 8 that also included
almost $8 billion of disaster relief funding, but this bill did not
become law.
On January 16, 2019, the House passed a supplemental appropriations
package that would have provided a little over $12 billion in aid. But
at the last minute, during Rules Committee debate, Democrats added a
short-term, full-government continuing resolution through a manager's
amendment that did not include President Trump's request for border
security funding. As a result, the government remained closed without
providing a resolution to the problem.
It has now been 4 months since the House last considered providing
disaster aid, long enough that additional disasters have struck our
country, necessitating an increased number.
The bill before us seeks to provide relief funding for Hurricanes
Michael and Florence, as well as continued support for Hurricanes
Harvey, Irma, and Maria. The wildfires in California will be included
in this supplemental, as well as the severe storms and flooding in
multiple States, including Texas; the Alaska earthquake; Typhoons Yutu
and Mangkhut in the Northern Mariana Islands and Guam; Tropical Storm
Gita in American Samoa; volcanic eruptions in Hawaii; and devastating
floods across the Midwest.
This third iteration of disaster relief legislation is similar to a
bill passed by the House in January of this year, with an additional
$500 million for the Department of Agriculture's Emergency Conservation
Program to rehabilitate damaged farmland; $1.5 billion for the Army
Corps of Engineers for projects and flood mitigation; and $1 billion
for the Community Development Block Grant Disaster Recovery account for
rebuilding houses, businesses, and public infrastructure. The bill also
includes $600 million for disaster nutrition benefits in Puerto Rico as
that island recovers from Hurricane Maria.
The President has expressed concern about Puerto Rico's management of
the billions of disaster aid the island has already received. Senate
Republicans are negotiating with the White House on a compromise, but
Democrats have decided to continue pushing this legislation forward
without engaging the other two parties that would be required in order
for the bill to become law.
This bill also includes language prohibiting any funds from being
used for the construction of a border wall. The crisis on our southern
border is not a natural disaster; it is a humanitarian and security
disaster, one that we can stop and take steps to prevent in the future.
But the Democrats refuse to accept that our Customs and Border
Protection and Immigration and Customs Enforcement officers are
overwhelmed, that our Office of Refugee Resettlement facilities are
near capacity, and that our immigration judges are facing years of
backlogged cases.
This is a disaster that we can do something about now. Rather than
negotiate in good faith, Democrats have chosen once again to bring up a
bill that will not pass the Senate.
I am disappointed that these controversial provisions are included in
the bill. It does beg the question: When are we going to get back to
the business of legislating?
As an aside, I would note that the House adjourned yesterday at 2
o'clock in the afternoon, plenty of time to continue working on some of
these problems. For whatever reason, we decided not to do that.
The second bill under consideration, H.R. 986, is supposed to protect
Americans with preexisting conditions. It has a very catchy title.
Despite that catchy title, the bill does nothing to enhance preexisting
condition protections under the Affordable Care Act.
The first vote that Republicans called this Congress was a motion to
require legislation protecting individuals with preexisting conditions.
Rather surprisingly, the Democrats voted against that previous
question, blocking the motion.
In 2017, as part of the proposed replacement for the Affordable Care
Act, Republicans included legislation that would have preserved access
for those with preexisting conditions. Again, this was not supported by
House Democrats.
H.R. 986 eliminates healthcare choices for States by infringing upon
the authority that was given to the Department of Health and Human
Services under the Affordable Care Act. Section 1332 of the Affordable
Care Act established the Waiver for State Innovation. This allowed
States to waive certain ACA regulations in order to provide flexible
coverage through new State healthcare programs.
The Secretary of the Department of Health and Human Services was
required to promulgate regulations for the granting of these waivers,
maintaining that new State health programs stay within the guardrails
provided by law.
My constituents of north Texas are consistently concerned about not
having access to affordable healthcare. I take meeting after meeting
with families who say they are suffering from the high cost of
healthcare and prescription drugs, deductibles, and copays. Texans are
struggling to afford their health insurance, and I am sure we are not
the only ones experiencing these premiums and deductibles.
What good is health insurance if you are afraid to use it because you
cannot afford your deductibles and copays? This is an issue that I
would like to see us tackle, yet we are here today discussing a bill
with a very misleading title that would take flexibility away from
States.
During the Rules Committee hearing on Tuesday, we discussed
innovative strategies for providing high-quality and affordable health
insurance, expanding consumer choice, and some of the positive results
for States that have implemented these waivers. In no way did we
discuss removing ACA protections for people with preexisting
conditions. In fact, I pointed out that the Centers for Medicare and
Medicaid Services' Administrator Seema Verma stated in her remarks at
the CMS National Forum on State Relief and Empowerment Waivers that ``a
waiver cannot be approved that might otherwise undermine these
protections.''
Yet Democrats have titled this bill ``Protecting Americans with
Preexisting Conditions Act of 2019.'' This is clearly an attempt to
coerce Members of Congress into voting for a bill that actually scales
back the guidance recently issued for the application of State
innovation waivers.
Energy and Commerce Committee Ranking Member Greg Walden offered an
amendment to more appropriately title the bill ``This Bill Has Nothing
to do with Protecting Americans with Preexisting Conditions Act.'' I
hope this amendment will alert Members to the partisan wordplay of the
Democrats when we should be focusing on improving the health insurance
marketplace.
Taking flexibility away from States is one step closer to a single-
payer, government-run healthcare system. This single-payer, government-
run healthcare system would only further deteriorate our Nation's
healthcare.
The Affordable Care Act was one step in that direction. While it is
clear that the Affordable Care Act has proven to be nothing like
affordable for Americans, section 1332 waivers would have allowed
States the flexibility to employ innovation that works for their
citizens.
To date, eight States--Alaska, Hawaii, Maine, Maryland, Minnesota,
New Jersey, Oregon, and Wisconsin--have approved State innovation
waivers, and seven have created their own reinsurance programs.
Premiums in these States--and this is important--premiums in these
seven States were almost 20 percent lower, on average, in the first
year of enactment. Maryland saw the greatest percent change, with the
average individual market premium coming down by more than 40 percent,
43.4 percent, to be precise.
Again, section 1332 of the Affordable Care Act explicitly gives the
Department of Health and Human Services the authority to provide
guidance surrounding these innovation waivers. As more States submit
applications, the administration has learned more about what hurdles
States must traverse in order to obtain these waivers.
One limit to a State's ability to apply for an innovation waiver is
that the State must have already enacted a State law establishing
authority to pursue and implement the waiver. For a State like Texas,
where the State legislature meets only every 2 years, this can be a
substantial barrier.
The recent Trump administration guidance provides clarity, stating
that,
[[Page H3512]]
in certain circumstances, existing State legislation coupled with a
duly enacted State regulation or executive order could satisfy this
requirement.
This guidance, the 1332 guidance, removes some hurdles while
maintaining the integrity of the coverage guardrails established by
law. Those statutory requirements maintain that coverage must be as
comprehensive as coverage would have been absent the waiver, provide
cost-sharing to protect against excessive out-of-pocket spending, cover
a comparable number of residents, and not increase the Federal deficit.
I would like to reiterate that this is a misleading bill title and
that H.R. 986 will restrict healthcare choices for States.
Once again, we are using the valuable time on the floor of the United
States House of Representatives to debate something that will not solve
the issues of affordability in our Nation's healthcare system and
really has no chance of becoming law. It is unfair to patients who are
not going to the doctor because, on top of their monthly premiums,
their deductible is so high that they cannot afford the visit.
We need a comprehensive solution to address the high patient out-of-
pocket costs in our system. This bill moves us in the wrong direction.
It will inhibit innovation and much-needed flexibility in our State
insurance markets.
As a physician, I cannot support such a piece of legislation, so I
will urge opposition to the rule.
Madam Speaker, I reserve the balance of my time.
Ms. SHALALA. Madam Speaker, I yield 3 minutes to the gentlewoman from
Florida (Ms. Castor), a distinguished member of the Energy and Commerce
Committee.
Ms. CASTOR of Florida. Madam Speaker, I thank my colleague and friend
from Florida for yielding the time.
Madam Speaker, I rise today in support of the rule and the two very
important bills the House of Representatives will consider.
The first is H.R. 986 by my colleague, Representative Kuster from New
Hampshire, that will work to protect our neighbors who have preexisting
health conditions, like cancer or heart disease.
Unfortunately, the Trump administration is trying to weaken those
protections. They are doing so in the courts and through Congress. So
it is very important that the House of Representatives pass into law
protections for our neighbors with preexisting conditions.
In fact, the name of the bill is ``Protecting Americans with
Preexisting Conditions Act.'' Passing this bill will help keep
healthcare accessible and affordable for all Americans.
The second bill is also very important, H.R. 2157. It provides about
$17 billion in disaster relief to Americans who need it, who have
suffered through horrendous natural disasters.
It was October 10, 2018, when Florida took a direct hit from
Hurricane Michael. It was one of the most powerful storms to make
landfall in the United States. It slammed into the panhandle and caused
tremendous damage and destruction.
To help meet disaster needs, the House of Representatives, the
Democratic-led House, one of the first bills we passed was a disaster
relief package on January 16, 2019. It passed by a wide margin with a
bipartisan vote. Unfortunately, it ran into opposition from the Senate
and the White House.
Madam Speaker, I urge my colleagues now to come back together in a
bipartisan way and use this bill to break the logjam in the Senate and
keep the focus on our fellow Americans who need disaster assistance.
Disaster relief used to be bipartisan. We need to return to those
days and pass it in a timely manner.
{time} 1245
Mr. BURGESS. Madam Speaker, just a point of clarification. While our
last vote was just after 2 p.m. yesterday, the House actually adjourned
a little after 3 p.m. I did want to make that correction.
Madam Speaker, I yield 2 minutes to the gentleman from Pennsylvania
(Mr. Meuser).
Mr. MEUSER. Madam Speaker, I rise today to speak against H.R. 986.
I think everyone in this Chamber can agree that individuals with
preexisting conditions should be protected and that the American people
should have access to affordable and quality healthcare. This bill
falls short of achieving, or even making progress towards, these
important goals.
This bill showcases a fundamental misunderstanding of section 1332
waivers, which allow States to pursue more creative and innovative
strategies to provide their residents with access to high-quality
health insurance. This bill actually rolls back the ability of States
to innovate lower costs and expand coverage options for patients and
families.
Additionally, this bill is disingenuous in suggesting that it is
protecting individuals with preexisting conditions when section 1332
waivers already require States to do so. Rather than calling this the
``Protecting Americans with Preexisting Conditions Act,'' this bill
would be more appropriately named the ``Don't Let States Innovate
Act.''
Not surprisingly, this bill also neglects to address the grievous
shortcomings of ObamaCare.
In my district, not a day goes by that I don't hear from constituents
about the untenable costs of ObamaCare. It is no secret that ObamaCare
has led to skyrocketing premiums and deductibles, offering anything but
affordable care to the American people. However, the data clearly shows
that States using section 1332 waivers to create their own reinsurance
programs saw premiums drop by an average of nearly 20 percent.
We must make our country's healthcare system work better by
supporting choice, access, and affordability. This bill forces our
country on a pathway towards one size fits all, Big Government-centered
healthcare. And this Democrat vision of a top-down healthcare system is
one that I absolutely cannot support.
Madam Speaker, I urge my colleagues to vote ``no'' on the rule and
the underlying bill.
Ms. SHALALA. Madam Speaker, I yield 3 minutes to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Madam Speaker, I thank the gentlewoman from Florida
for yielding, and I thank her for her leadership.
Madam Speaker, the American people will insist that this legislation
passes. My Republican friends, since my time in helping to pass the
Affordable Care Act, have never offered a plan to ensure that America's
wonderful citizens have good healthcare and that those with preexisting
conditions, such as many of us, including myself and many of my
constituents in Houston, Texas, are able to access healthcare.
Let me be clear on what this legislation does, as I thank
Representative Kuster for her leadership.
H.R. 986, of which I am strongly in support of, is a saving grace.
What it does is it stops the Trump administration in their tracks from
watering down an opportunity of flexibility, section 1332.
Here is what is going to happen if we do not pass this legislation:
We will stop the coverage of preexisting conditions, period;
There will be no protections;
You will see a rise in costs in healthcare;
Short-term plans will be thrown to the people and other plans that
will destabilize the risk pool;
It will limit access to comprehensive coverage because the Trump
guidance says: Just give access and don't worry about if the plan even
allows you to be admitted into a hospital;
And finally, it will reduce benefits like maternity coverage, mental
healthcare, and coverage of prescription drugs.
Is that what Americans want?
Every day, in my district, I am seeing people desperate for
healthcare. There has been not one proposal coming here.
I rise as well to support the supplemental appropriations, because I
have been to Puerto Rico and the U.S. Virgin Islands. We need these
resources.
But I have also seen the devastation of victims impacted by Hurricane
Michael in Alabama, Florida, and Georgia; the damage in Nebraska,
Missouri, South Dakota, Iowa, Kansas, and now in Houston, 10 inches of
rain and flooding and more rain coming. I know that people who were
impacted by Hurricane Harvey are still suffering.
[[Page H3513]]
This particular legislation, appropriations, is important. It is
important, in particular, to ensure that we add more funding and that
we shore up the infrastructure.
I submitted amendments that covered the idea of improving FEMA so
that it would stay longer and it would have oversight to know whether
it is helping people; to increase energy services so that we don't
black out so that people are suffering; and to make sure we have the
right kind of water.
There are many other elements to the appropriations bill which I hope
to debate at a later time, but this rule should be supported.
Let me additionally go back to the H.R. 986 legislation and indicate
that preexisting diseases cover things like sickle cell, which 1 in 13
African American babies are born with; triple negative breast cancer,
which is the most deadly and causes immediate or short-term life to
White women, Black women, Asian Pacific Islander, American Indian, and
Alaska Native women; diabetes; and HIV/AIDS.
This is why H.R. 986 is important, Madam Speaker, and why the
appropriations bill is important.
Madam Speaker, I rise in strong and unequivocal support for the rule
governing debate on H.R. 986, the ``Protecting Americans With Pre-
Existing Conditions Act of 2019'' as well as the underlying legislation
and ask all Members to join me in supporting these legislative
initiatives that combat the Trump Administration's ongoing efforts to
take away health care from more than 100 million Americans and to make
health care dramatically less affordable for those fortunate enough to
be insured.
Another reason I strongly support this rule is that it makes in order
H.R. 2157, the ``Supplemental Appropriations Act of 2019,'' which
provides much needed and long overdue relief to Americans in Puerto
Rico and the U.S. Virgin Islands still suffering from the ravages of
Hurricanes Maria and Irma, as well as relief to victims of Hurricane
Michael which struck Alabama, Florida, and Georgia in October 2018 and
to the victims of the Midwestern floods that have caused so much damage
in Nebraska, Missouri, South Dakota, Iowa, and Kansas.
H.R. 986, rescinds this damaging, dangerous guidance immediately, and
reinforces the ACA's vital protections for people with pre-existing
conditions.
It also prevents the Secretaries of HHS and Treasury from
promulgating any substantially similar guidance or rule in the future.
Section 1332 of the State Innovation Waivers included in the ACA has
a clear statutory directive that states must maintain the level of
benefits, affordability, and coverage provided to state residents by
the ACA.
This Administration's 2018 Guidance allows states to simply
demonstrate that a comparable number of residents will have access to
comprehensive and affordable coverage, regardless of whether they
actually enroll in that coverage, thereby allowing the Secretaries of
HHS and Treasury to approve waivers that do not provide coverage that
is as affordable or as comprehensive as under the ACA.
The ``Protecting Americans with Pre-Existing Conditions Act'' is a
vital legislative measure that emphasizes the importance of not
limiting coverage for individuals with pre-existing conditions or
imposing lifetime limits on access to care.
Predatory practices such as this will prove to be devastating to
communities across the nation, many of which, who will be affected are
disproportionately communities of color.
The people receiving the life-sustaining medical protections under
this provision will be cast aside and left with no way to cover the
exorbitant healthcare costs that would otherwise be covered in through
the Affordable Care Act.
Relenting on this protection will put a great number of my
constituents and various communities across the nation at terrible
risk.
Specifically, in the 18th Congressional District many of my
constituents are disproportionally affected by several pre-existing
conditions such as:
Sickle Cell Disease (SCD) affects approximately 100,000 Americans and
occurs among about 1 out of every 365 Black or African-American births.
SCD occurs among about 1 out of every 16,300 Hispanic-American
births.
And 1 in 13 Black or African-American babies is born with sickle cell
trait (SCT).
During 2005, medical expenditures for children with SCD averaged
$11,702 for children with Medicaid coverage and $14,772 for children
with employer-sponsored insurance.
About 40 percent of both groups had at least one hospital stay.
The most common cancer in women, no matter your race or ethnicity.
The most common cause of death from cancer among Hispanic women.
The second most common cause of death from cancer among white, Black,
Asian/Pacific Islander, and American Indian/Alaska Native women.
Diabetes is at an all-time high in the U.S. and continues to increase
exponentially every year.
The CDC's Division of Diabetes Translation states that over 30
million Americans are living with Diabetes, over a quarter undiagnosed.
This trend continues in the state of Texas, where Diabetes is the 6th
leading cause of death.
Nearly 12 percent of Texas is living with diagnosed Diabetes.
According to a collaboration report between the nonprofit Texas
Health Institute, the State Demographer's Office and Methodist
Healthcare Ministries of South Texas, one in three adult Texans are
either diagnosed with diabetes, have diabetes but have not yet been
diagnosed, or are at high risk for developing the disease within a
decade.
Approximately 1.1 million people in the U.S. are living with HIV
today.
About 15 percent of them (1 in 7) are unaware they are infected.
The Center for Disease Control (CDC) estimates that the decline in
HIV infections has plateaued because effective HIV prevention and
treatment are not adequately reaching those who could most benefit from
them.
These gaps remain particularly troublesome in rural areas and in the
South and among disproportionately affected populations like blacks/
African Americans and Hispanics/Latinos.
The overall prevalence of CKD in the general population is
approximately 14 percent.
High blood pressure and diabetes are the main causes of CKD.
Almost half of individuals with CKD also have diabetes and/or self-
reported cardiovascular disease (CVD).
More than 661,000 Americans have kidney failure. Of these, 468,000
individuals are on dialysis, and roughly 193,000 live with a
functioning kidney transplant.
Kidney disease often has no symptoms in its early stages and can go
undetected until it is very advanced.
For this reason, kidney disease is often referred to as a ``silent
disease.''
What is also concerning is the overwhelming number of constituents
plagued by these diseases, are people of color, African American,
Latino, and Native American.
H.R. 986 stopped the Trump Administration in its tracks from taking
away health care from vulnerable Americans.
Madam Speaker, the Trump administration cannot be trusted to act in
the best interests of the American people that is why I offered two
amendments to H.R. 986, which would extend the prohibitions of the bill
to (1) ban lifetime limits with respect to persons with preexisting
conditions and (2) prevent the Secretaries from taking any action that
would reduce the affordability of comprehensive coverage for children
under 26 with pre-existing conditions who are covered under their
parents' policies.
I will soon be introducing legislation that will achieve these
important objectives and protect vulnerable Americans from an uncaring
Administration that is unceasing in its efforts to take away health
care from vulnerable Americans.
Madam Speaker, H.R. 2157, the ``Supplemental Appropriations Act of
2019,'' provides much needed and long overdue relief to Americans in
Puerto Rico and the U.S. Virgin Islands still suffering from the
ravages of Hurricanes Maria and Irma, as well as relief to victims of
Hurricane Michael which struck Alabama, Florida, and Georgia in October
2018 and to the victims of the Midwestern floods.
I support this legislation and offered an amendment that would have
provided additional funding for electricity delivery and necessary
expenses related to the consequences of Hurricanes Harvey, Maria, Irma,
and Super Typhoon Yutu including technical assistance related to
electric grids.
As the representative of the Eighteenth Congressional District of
Texas, which was ground zero for Hurricane Harvey, I regularly hear
from constituents expressing their concern with ineffective and
inadequate FEMA mechanisms put in place to help rectify the damage
caused by natural disasters.
That is why I also offered an amendment to H.R. 2157 that would
prohibit funds in the bill from being used to prevent the FEMA
Administrator from monitoring the response given to disaster victims in
order to ensure quality control or becoming aware of complaints
regarding the response given to disaster victims and having in place a
mechanism to address such complaints.
A third Jackson Lee amendment to H.R. 2157 would have provided a
minimum of $1 million for wastewater and drinking water treatment works
and facilities impacted by Hurricanes Harvey, Irma, and Maria.
Hurricane Sandy inflicted more than $70 billion in damages in 2012,
and Matthew cost
[[Page H3514]]
the U.S. about $10.3 billion in 2016. With Harvey, an estimated 13
million people were affected, nearly 135,000 homes damaged or destroyed
in the historic flooding, and up to a million cars were wrecked.
Hurricane Harvey ranks as the second-most costly hurricane to hit the
U.S. mainland since 1900, causing more than $125 billion in damage.
Our residents need more money than for single-family home repairs,
whether it is disaster recovery or general housing dollars and I will
continue to stride on behalf of the neighborhoods and on behalf of
hard-working homeowners who deserve these funds, so they can continue
on with their lives and return to their homes.
Victims of natural disasters are entitled to know who to contact when
issues related to FEMA arise and to be assured that their questions are
answered, and complaints addressed.
Allocating funding for measures such as Electricity Delivery for
necessary expenses related to the consequences of Hurricanes Harvey,
Maria, Irma, and Super Typhoon Yutu, is vital to negate the effects of
these catastrophic events from significantly worsening.
Hospitals, first-responders, and a number of other vital institutions
that help our communities recover from the after-effects of natural
disasters need access to electricity.
Moreover, with the severity of natural disasters and the ranging of
their locations we must be proactive in our preparation for recovery.
Alternatively, water is the most essential recourse known to man.
A human can go for more than three weeks without food--Mahatma Gandhi
survived 21 days of complete starvation--but water is a different
story.
At least 60 percent of the adult body is made of it and every living
cell in the body needs it to keep functioning.
Under extreme conditions an adult can lose 1 to 1.5 liters of sweat
per hour and if that lost water is not replaced, the total volume of
body fluid can fall quickly and, most dangerously, blood volume may
drop.
We do not have the luxury of not preparing for hurricanes, floods,
earthquakes, mudslides, tornados or other natural disasters.
With these events it is not a question of if, but when.
For these reasons, I urge my colleagues to support the rule and the
underlying legislation.
Mr. BURGESS. Madam Speaker, I yield myself 30 seconds to respond
before I yield to the gentleman from Iowa.
Madam Speaker, last Congress passed the first comprehensive, stand-
alone sickle cell bill for as long as I can remember. There was a
partial reauthorization in 2004, signed by President Bush, that was
part of a tax bill.
But Danny Davis' bill passed through our committee, passed through
the Senate, and passed on the floor of the House in the previous
Congress last year; and as a consequence, for the first time in four
decades, new sickle cell therapies are coming through the National
Institutes of Health.
Madam Speaker, I yield 1 minute to the gentleman from Iowa (Mr.
King).
Mr. KING of Iowa. Madam Speaker, I appreciate the gentleman from
Texas yielding to me.
Madam Speaker, I came to the floor to highlight the disasters that we
have in the Midwest.
I recall back in 2011 when the Missouri River was 11 miles wide at
its widest and 5 to 6 miles wide most everywhere else, all the way
through Iowa and down across Missouri. It was a secret flood because
you couldn't drive there. You had to fly over to see it.
We have some of these similar circumstances this spring, although it
has gotten a little more of the press. We had more water come down
below Gavins Point than ever before. It wiped out a lot of ag land on
the Iowa side and more so, even, on the Nebraska side.
We have critical infrastructure that has got to be reconstructed. We
have got to protect some of these communities that have been nearly
wiped out. This Corps of Engineers, in particular, has 41 breaches on
the levees just on the Iowa side of the river.
I urge that we get to a conclusion and adoption of a final package on
this disaster relief.
But I would point out, Madam Speaker, that this message from the
White House said that Congress should not use natural disasters as a
pretext to engage in unnecessary spending outside the agreed upon
discretionary spending caps.
I am hopeful that this gets worked out between the House and the
Senate. We need the relief, and we need it very soon.
Ms. SHALALA. Madam Speaker, I yield 30 seconds to the gentlewoman
from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Madam Speaker, I happen to live and be in the area
of the Texas Children's Hospital. I have obviously supported the
legislation of Danny Davis.
The point is that people with preexisting conditions, including
sickle cell, will not have access to healthcare under the Trump
guidance.
I am standing here not about the research, which is certainly
beneficial, but about the fact that I am standing for those with sickle
cell, which is a preexisting condition, to not be blocked from having
good healthcare. That is why I rise to support H.R. 986, in order to
ensure access to healthcare and not stopping preexisting conditions
from being covered.
Ms. SHALALA. Madam Speaker, I yield 2 minutes to the gentleman from
Mexico (Mr. Lujan), the Assistant Speaker.
Mr. LUJAN. Madam Speaker, I rise today to support the rule because,
for the past 2 years, the Trump administration has relentlessly
sabotaged the Affordable Care Act and attacked my constituents' access
to care.
My Republican colleagues use a lot of smoke and mirrors to talk about
these plans, so today I want to read straight from the Texas Department
of Insurance website, texas.gov. This page is titled: ``What You Need
to Know About Short-Term Health Insurance.''
Right there, the Texas Department of Insurance says: ``Know what the
plan covers. It is important to ask what's covered and what's not. For
example, short-term plans might not cover emergency care, maternity
care, prescriptions, or certain other services. They might not cover
care for accidents or health issues.''
Listen closely to this: ``These plans also do not have to cover
preexisting conditions. If a company sells you a plan, it may deny a
claim if it determines you had a related condition in the past.''
There it is in black and white on the Texas Department of Insurance
website. These Trump junk plans discriminate against people with
preexisting conditions.
Let me continue, because it gets better, to the third point, ``Other
costs.'' Here the State of Texas specifies that ``short-term health
plans often have lower premiums, but other costs may be higher.''
Let me translate. These Trump junk plans might be cheaper for us up
front, but you will pay more money for less coverage on the back end.
That is why, today, I stand proudly with my Democratic colleagues for
standing up to the Trump administration's harmful policies and for
acting to protect healthcare for the 50 percent of Americans who have a
preexisting health condition.
The Trump administration's destructive policies will force the
American people to pay more money for less coverage. If you don't
believe me, just go to the website yourself. This is unacceptable.
Madam Speaker, I urge my colleagues to vote ``yes'' on the rule and
``yes'' on Ann Kuster's bill, H.R. 986.
Mr. BURGESS. Madam Speaker, I yield myself 2 minutes for the purposes
of a response.
First of all, I am grateful that the Texas Department of Insurance
does provide that disclosure and transparency. That is a good thing. In
fact, Chairwoman Eshoo, the chairwoman of the Health Subcommittee, when
we were hearing bills on limited-duration plans, actually had a bill
that would require such disclosure. For whatever reason, it was pulled
from the markup that we had that day. I was perfectly prepared to
support it, but, again, for whatever reason, the chairman of the
committee pulled the bill and we did not get to have that debate or
markup.
I also need to point out that our discussion today is not on limited-
duration plans. I rather expect that there will be an opportunity to
debate limited-duration plans. It may come up as early as next week,
and I look forward to that debate. But it is also important to point
out that these plans in Texas were permitted under the previous
administration for the duration of 1 year.
So, again, the State commissioner of insurance is exactly right. He
put those caveats up there so people can know what they are purchasing.
I do believe
[[Page H3515]]
that is important. I think that is an important aspect of the job of
the Texas Commission of Insurance. I wish other State commissioners of
insurance would behave in a similar fashion.
Madam Speaker, I reserve the balance of my time.
Ms. SHALALA. Madam Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Doggett), a distinguished member of the Ways and Means
Committee.
{time} 1300
Mr. DOGGETT. Madam Speaker, after so many failed attempts to repeal
our access to healthcare, Trump and his Republican cohorts are finding
new ways to take away coverage from millions of Americans who suffer
with preexisting conditions.
Now, Republicans have hijacked the mechanism that was designed to
promote State healthcare innovation to subvert that very innovation.
What they call ``innovation'' is finding new ways to destroy
protections for preexisting conditions and to promote junk insurance
plans that cover--well, they cover what you don't need most.
If you really need it, if it is for your medical condition, they are
unlikely to cover it.
How outrageous.
A waiver of Federal regulations designed to encourage innovation that
just waves goodbye to the safeguards that an estimated 40 percent of
Texans with preexisting conditions really need.
So, while Trump continues to hide his tax returns, he cannot hide the
fact that he is sabotaging the healthcare protections for millions of
Americans.
After bankrupting his own businesses and leaving creditors at a loss
for decades, Trump would bankrupt families with serious medical needs.
And it is almost a joke that he tells us he's got a great plan to
solve all of our healthcare needs--he said it again at the White House
this morning--but he is going to wait until after the next election to
show us what his secret plan is, which sounds a lot like the failed
plan that he advocated in the last election.
Let's just pass this bill and tear down the wall that Trump and his
cohorts want to build between too many Americans and their doctors.
Mr. BURGESS. Madam Speaker, I yield myself 2 minutes.
Madam Speaker, I want everyone to be clear here. This bill today is
actually repealing part of the Affordable Care Act.
Look, I didn't vote for the Affordable Healthcare Act. I argued
against it, passionately--articulately, I might add--but what does the
Affordable Care Act say?
Well, it describes the object of today's legislation, the so-called
section 1332 waiver.
Section 1332 is a section of the Affordable Care Act. And section
1332 is titled ``Waiver for State Innovation. In general, a state may
apply to the secretary for the waiver of all or any requirements
described.''
And this is interesting. ``With respect to health insurance coverage
within that State for plan years beginning on or after January 1,
2017.''
The way the law was written, none of these waivers were given during
the years that President Obama was President.
They only became eligible--the Secretary only became able to provide
these waivers January 1, 2017, which was the last 3 weeks of President
Obama's administration.
So when people say, the comparison between the waivers given in the
Obama years and the waivers given in the Trump years are vastly
different, well, it is true because no waivers were available prior to
January 1, 2017.
Look, the Secretary of Health and Human Services has heard the angst
that people have trying to deal with the high premiums--premiums, $600,
$700, $800 a month for an individual, a deductible of $6,000 to $7,000,
and the coinsurance, which runs the bills up so that their annual out-
of-pocket costs may be somewhere between $10,000 and $20,000.
Many people point out to me, they spend more for health insurance--
not using anything, but just for the insurance--than they spend for
their mortgage payment--not their mortgage insurance, but their
mortgage payment.
But, please, let's do remember, 1332 is part of current law.
Madam Speaker, I reserve the balance of my time.
Ms. SHALALA. Madam Speaker, I am delighted to hear a Member of the
other party defend the Affordable Care Act by defending 1332, the
waivers.
Let me say this: We are not eliminating the waivers. We are simply
objecting to the guidance that was issued by the Department of Health
and Human Services, arguing, essentially, that it is inconsistent with
the congressional intent when the waivers were created.
Madam Speaker, I include in the Record a letter signed by 24 health
organizations, including the Cancer Action Network, the American Lung
Association, the American Heart Association, the Susan G. Komen
Foundation, and others, urging Members to support H.R. 986.
May 8, 2019.
Re Letter of Support from 23 Patient and Consumer Advocacy
Organizations for H.R. 986.
Hon. Ann McLane Kuster,
House of Representatives,
Washington, DC.
Dear Representative Kuster: Our 24 organizations,
representing the interests of the millions of patients and
consumers who live with serious, acute, and chronic
conditions, have worked together for many months to ensure
that patient voices are reflected in the ongoing
Congressional debate regarding the accessibility of health
coverage for all Americans and families. Today, we write in
strong support of your legislation to protect people with
pre-existing conditions who receive coverage in the
individual marketplace. The Protecting Americans with
Preexisting Conditions Act of 2019, H.R. 986, would require
the Administration to rescind its Section 1332 State Relief
and Empowerment Waivers Guidance, released on October 22,
2018 (1332 guidance). We are concerned about the impact that
this guidance could have on the people we represent and
applaud your introduction of this bill.
In March 2017, we identified three overarching principles
to guide and measure any work to further reform and improve
the nation's health insurance system. Our core principles are
that health insurance coverage must be adequate, affordable,
and accessible. Together, our organizations understand what
individuals and families need to prevent disease, manage
health, and cure illness. Our organizations are deeply
concerned about how the new 1332 guidance will affect the
individual marketplace's stability in states that choose to
pursue some of the policies allowed under this guidance,
including those that promote short term plans and other
substandard coverage. We are pleased that this legislation
represents a significant and meaningful step towards
protecting all Americans from coverage that does not cover
what they need to promote their health and well-being.
As you know, the 1332 guidance substantially erodes the
guardrails governing coverage that people with pre-existing
conditions such as cystic fibrosis, lung disease, cancer,
cardiovascular disease, diabetes, rare disorders, pregnant
women, and many others rely on in the individual marketplace.
Of particular concern, the new guidance would allow states to
let individuals use advanced premium tax credits to purchase
non-compliant short-term, limited duration insurance plans--
which could further draw younger, healthier people out of the
risk pool for comprehensive insurance and drive up premiums
for those who need comprehensive coverage. The guidance also
eliminates protections for vulnerable populations, such as
individuals with low incomes and those with chronic and
serious health issues, by removing the requirement to
safeguard those populations under any waiver. We are deeply
concerned by this as these changes fundamentally alter the
nature of the Section 1332 waiver program and jeopardize
adequate, affordable coverage for people with pre-existing
conditions in the individual market. Halting the
implementation of this guidance will protect people with pre-
existing conditions from the repercussions of these market
destabilizing actions.
H.R. 986 represents a significant step towards protecting
patients and consumers. Yet, we also recognize that there is
much more that needs to be done to improve upon our current
system of care, including making coverage more accessible and
affordable. Up until this year, health insurance enrollment
has steadily increased, and, with it, the promise of a more
diverse risk pool and greater protection for people with
serious health care needs. However, the recent
reinterpretation of the guidelines is jeopardizing
enrollment. Shortened enrollment periods, fewer resources for
outreach and education and less funding for consumer
navigators not only creates confusion for consumers but
directly impacts the number of individuals who enroll in
Marketplace coverage. Without Congressional action, these
trends will make it harder for many to access coverage and
will further contribute to the destabilization of insurance
markets and result in higher premiums for many enrollees.
Making high-quality coverage and care more affordable is
also a high priority for the people that we represent.
Passage of legislation that expands access to and the level
[[Page H3516]]
of advance premium tax credits, fixes the family glitch,
creates a nationwide reinsurance program, and reduces
systemic health care costs could significantly ease the cost
burden for people of all income levels who rely on the
individual marketplace for coverage. We urge Congress to
support legislation that maintains the quality of coverage
while expanding access and affordability.
Again, thank you for your leadership on this critical issue
for people with pre-existing conditions. We support your
efforts to halt the implementation of the 2018 guidance,
ensuring the guidance from 2015 remains intact and promoting
stability in the individual marketplace. We urge members of
Congress to vote for H.R. 986.
Sincerely,
Hemophilia Federation of America, National Health Council,
Cystic Fibrosis Foundation, Epilepsy Foundation, March of
Dimes, National Coalition for Cancer Survivorship, American
Heart Association, Alpha-1 Foundation, American Liver
Foundation, Susan G. Komen, National Hemophilia Foundation,
WomenHeart: The National Coalition for Women with Heart
Disease.
National Multiple Sclerosis Society, Muscular Dystrophy
Association, Lutheran Services in America, American Lung
Association, National Alliance on Mental Illness, National
Patient Advocate Foundation, Arthritis Foundation, Leukemia &
Lymphoma Society, American Cancer Society Cancer Action
Network, National Organization for Rare Disorders, Pulmonary
Hypertension Association, Cancer Support Community.
Ms. SHALALA. Madam Speaker, I yield 2 minutes to the gentlewoman from
the District of Columbia (Ms. Norton).
Ms. NORTON. Madam Speaker, I thank my good friend for yielding.
Madam Speaker, the administration's guidance permitting junk plans to
replace the Affordable Healthcare Act has fooled no one, and certainly
not the millions with preexisting conditions and those who now enjoy
essential health benefits.
The administration's true intent is clear from its support, in court
now, as I speak, of a case to repeal the ACA in its entirety, including
preexisting conditions.
Republicans, historically, have initially opposed virtually every
form of coverage for the American people, including Social Security,
but they have never succeeded in withdrawing or reducing benefits then
in use. They will not succeed this time.
In my own District of Columbia, 106,000 residents with preexisting
conditions would lose or risk losing or being denied or charged
significantly more for health coverage.
The District, on its own, has succeeded in overcoming Republican
attempts to weaken the ACA and now has reached virtually universal
coverage, in spite of a specific attempt to block the city's successful
efforts.
The administration's junk coverage is particularly untenable in
allowing Federal subsidies of junk plans.
Republicans failed to overturn the ACA when they controlled
majorities in both the House and the Senate. Plans that the
administration has put forward to dismember the Act will not succeed
either. Because of how insurance works, junk plans put all insured at
risk of paying more for insurance.
Today, we intend to expose and defeat the administration's dangerous
substitution for the Affordable Healthcare Act.
Mr. BURGESS. Madam Speaker, I yield myself 2 minutes for purpose of a
response.
Look, it is not the Trump Administration that is taking money out of
the Affordable Care Act and putting it to other purposes. It is clearly
written into the law.
And, again, I didn't vote for this law. I voted against it. I argued
against it, but the taking of advanced premium tax credits, cost-
sharing reductions and small business tax credits under Section 36(b)
of the Internal Revenue Code of 1986 under subpart (1)--blah, blah,
blah--an alternative means by which the aggregate amount of such
credits or reductions that would have been paid on behalf of
participants in the exchanges established under this title had the
State not received such a waiver, that amount shall be paid to the
State for the purposes of implementing the State plan under the waiver.
So it is really pretty clear in the existing language of law. It is
not the Trump Administration deviating funds, it was congressional
intent. It was passed by this House of Representatives.
Again, I didn't vote for it. I wouldn't have defended it at the time.
I didn't think it was a good idea then, probably not the greatest idea
now. But the Secretary has this tool to use and he is responding to
requests from people's constituents, do something about the high cost
of my insurance, the high costs that I am required to spend in order to
protect myself against the health catastrophe.
Madam Speaker, I reserve the balance of my time.
Ms. SHALALA. Madam Speaker, I am prepared to close, and I reserve the
balance of my time.
Mr. BURGESS. Madam Speaker, I yield 3 minutes to the gentleman from
Alabama (Mr. Rogers).
Mr. ROGERS of Alabama. Madam Speaker, I thank my friend from Texas
for yielding.
Madam Speaker, I rise in strong opposition to this rule. This rule
demonstrates, once again, that the Democrat majority refuses to
acknowledge, accept, or address the very real crisis at our southern
border.
Numbers came out yesterday illustrating the magnitude of the crisis.
CBP detained more than 109,000 migrants along the southwest border last
month alone--a 591 percent increase compared with April of 2017.
In just the last 7 months, more than 1 percent of the total
population of Honduras and Guatemala have migrated to the United
States.
In total, over a half a million migrants have crossed our border
since October of last year, approximately the population of Tucson,
Arizona.
Smugglers and cartels continue to preach that now is the time to come
to the U.S. These criminal organizations run an international smuggling
organization filled with misery and abuse.
CBP has already rescued more than 2,000 migrants this fiscal year,
pulling families out of the Rio Grande River and saving children who
smugglers have abandoned.
Migrants that survive the smugglers often arrive in poor health,
physically exhausted, and in need of urgent medical care.
The men and women of CBP are doing the best they can to respond to
this humanitarian crisis, but they have run out of space to safely
house and process unprecedented numbers of family units seeking entry
into the United States.
Health and Human Services is on the urge of running out of funds to
shelter vulnerable, unaccompanied children that are crossing our
borders at levels 50 percent higher than just last year.
Last week, the President sent Congress an urgent request for
supplemental appropriations to address this humanitarian crisis.
Ranking Member Collins and I filed an amendment to the supplemental,
which would have provided $4.5 billion requested by the President.
It would have replenished critical funds needed to feed and shelter
migrant families and unaccompanied children, provide urgent medical
care and transportation services, and pay the growing cost of overtime
for the men and women of DHS working on the front lines of this crisis.
Unfortunately, the majority refused to make our amendment in order,
and in doing so they, again, refused to take action to address this
crisis.
They stunningly refused to support the men and women of DHS, and most
remarkably, they refused to provide the needed assistance to thousands
of vulnerable migrants arriving at our border on a daily basis.
The majority's political dysfunction is disgraceful. I urge them to
work with the President and Republicans in Congress to immediately
resolve this humanitarian crisis.
Madam Speaker, I urge all Members to oppose this rule.
Ms. SHALALA. Madam Speaker, I continue to reserve the balance of my
time.
Mr. BURGESS. Madam Speaker, I do have one additional speaker.
Madam Speaker, I yield 3 minutes to the gentleman from Georgia (Mr.
Woodall), who is a valuable member of the Rules Committee, and gave us
a stirring history lesson on the ERISA plans and how the protection
from preexisting conditions actually goes back to 1996.
Mr. WOODALL. Madam Speaker, I hope what I am getting ready to say, it
turns out to be redundant, that we are going to hear it in the closings
of both the gentlewoman from Florida and the gentleman from Texas.
[[Page H3517]]
We talk about this preexisting conditions' bill today as if it is
going to help with preexisting conditions. As we have discussed
already, it is not.
But the preexisting conditions issue is a very real issue. It is a
very real issue for families all across the country, and it has been
for a long time.
And undeniably, elections were won and lost this past cycle over a
preexisting conditions issue based on the misinformation around it.
I don't know how we are advantaged as a community by continuing to
perpetuate the misinformation. When we first tackled preexisting
conditions in a serious way, we did it together in this institution.
I know, because it was a gentleman from my State, Madam Speaker,
Speaker Newt Gingrich, who was sitting in that chair at the time.
It was 1996. Bill Clinton was sitting in the White House. Newt
Gingrich was sitting here leading the United States House, and we came
together, Republicans and Democrats, we passed the Health Insurance
Affordability and Accountability Act that abolished preexisting
condition worries for every single family with an ERISA-based plan.
Those are the plans that the Federal Government controls.
So what I mean, Madam Speaker, is that for every single plan the
Federal Government had dominion over, we eliminated preexisting
conditions.
Medicare, no preexisting conditions.
Medicaid, no preexisting conditions.
ERISA plans, no preexisting conditions.
Collectively, that is about 250 million Americans.
What we didn't do was go into the area where the Federal Government
had no dominion, which were State-regulated plans, and we said States
should have the ability to regulate their own plans.
Now President Obama said, no, States had been moving too slow to help
their constituency.
He ran on the platform of taking those plans away from State control;
he won that debate. The Affordable Care Act implemented those
conditions. And the bill today says, if states have an idea about how
to protect families from preexisting conditions that is better than the
one in the Affordable Care Act, we don't want to hear it.
{time} 1315
There is one solution for preexisting conditions and it is the one
that President Obama has implemented, no other. I think that is wrong.
Dr. Burgess knows more about medicine than I will ever hope to know.
He knows more about serving patients than I will ever hope to know.
Ms. Shalala, as Secretary of Health and Human Services, knows more
about healthcare than I will ever hope to know. I trust these folks to
find solutions differently in Florida, and differently in Texas than we
do in Georgia.
This bill does one thing and one thing only. It continues the debate
from 1996, not about whether to help people with preexisting
conditions, but about whether States have anything to add to the
discussion. I am certain the State of Georgia does. I believe the State
of Florida does. I know the State of Texas does.
If we defeat this rule and defeat this bill, it will allow those very
best ideas to come out and not ideas about how to keep people down,
Madam Speaker, but ideas about how to lift families up.
We have come together on those issues before, Madam Speaker, and we
can do it again.
Ms. SHALALA. Madam Speaker, I yield myself such time as I may
consume.
I appreciate the comments of the gentleman from Georgia, and I have
enjoyed the opportunity of working with him on the Rules Committee.
We are not objecting to what was done in 1996. We are saying to the
States that they must cover preexisting conditions as part of a waiver,
and they cannot undermine those conditions by imposing annual limits or
charging more. The problem with the guidance is that it gives States
the opportunity to propose cheap plans that, in essence, undermine
preexisting conditions.
Madam Speaker, I reserve the balance of my time.
Mr. BURGESS. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, if we defeat the previous question, I will offer an
amendment to the rule to move a resolution that reinforces the
Republican's long-held views that every American should have
preexisting condition protections.
On the opening day of the 116th Congress, House Republicans brought a
measure to the floor that called on lawmakers to legislate on locking
in protections for patients with preexisting conditions. Unfortunately,
in a fit of partisanship, House Democrats blocked that effort. If
Democrats were serious, they would not object to making a statement on
behalf of the House of Representatives that we want to work together
with the administration to protect patients with preexisting
conditions.
Our position is simple and clear. Republicans stand ready to protect
those with preexisting conditions in a manner that will withstand
judicial scrutiny, and I hope our Democratic colleagues will join us in
that effort.
Madam Speaker, if the previous question is defeated, House
Republicans will move to immediately consider a resolution that
maintains that no American should have their health insurance taken
away or lose protections for preexisting conditions due to the
Democrats in Congress enacting an unconstitutional law.
It would instruct Congress and the Trump administration to ask the
Supreme Court for a stay in the Texas v. United States decision, should
the Affordable Care Act be found unconstitutional.
It would instruct Congress to develop bipartisan legislation that
guarantees that no American citizen can be denied health insurance
coverage or charged more due to a previous illness or health status.
It includes commonsense consumer protections, provides more choice
and affordable coverage than the Affordable Care Act, lowers
prescription drug prices for patients, strengthens Medicare for current
and future beneficiaries, and rejects the Democrats' radical one-size-
fits-all, government-run, Soviet-style, top-down healthcare scheme that
would only outlaw the employer-based coverage of more than 180 million
Americans.
Madam Speaker, I suspect our Democratic colleagues will vote against
considering this resolution, so I must ask: Why are Democrats opposed
to making a statement that the goal of the House of Representatives of
the United States is to work together to protect coverage for patients
with preexisting conditions? If that is not the goal, then what might
it be?
Madam Speaker, I ask unanimous consent to insert the text of this
amendment into the Record, along with extraneous material, immediately
prior to the vote on the previous question.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. BURGESS. Madam Speaker, again, I would reiterate that neither
bill under consideration today has a chance of becoming law.
While I support funding for disaster relief, the Democrats chose not
to negotiate with the Senate and included controversial positions.
As a result, we would likely be considering a disaster relief bill
yet another time, and our hard-hit communities will continue to
struggle without relief.
Once again, despite the title of H.R. 986, this bill will have no
impact on protections for preexisting conditions for Americans with
those conditions. It will simply overturn a regulation--overturns part
of ObamaCare--it overturns a regulation that allows States to innovate
in the Affordable Care Act marketplace, and that provides flexibility
and consumer choice to healthcare consumers.
House Republicans continue to support preexisting conditions
protections and have offered solutions to give patients this assurance.
Republicans stand ready to work with Democrats in a bipartisan manner
to pass these protections into law and also provide desperately needed
disaster relief.
I look forward to when we can all gather around the negotiating
table. I urge a ``no'' vote on the previous question, a ``no'' vote on
the underlying measures, and I yield back the balance of my time.
[[Page H3518]]
Ms. SHALALA. Madam Speaker, I yield myself the balance of my time.
It was only 10 years ago that people who lacked employer-provided
insurance and had preexisting conditions could not find health
insurance in many parts of this country, and those who could find
health insurance, too often found that their plans were not
comprehensive. They might not cover the type of cancer some buyers
previously had, or they might have an annual or even a lifetime cap on
coverage.
It was 2 years ago that this body passed a bill that stripped those
protections, a bill that would make comprehensive health insurance out
of reach for many Americans. Thanks to a courageous few, that bill did
not become law.
Now that the administration has lost that battle to destroy the
Affordable Care Act, they are trying to do it through guidance and
through lawsuits.
H.R. 986 prevents the administration from enforcing guidance that
would allow States to use taxpayer money to sell subpar health plans on
the exchange.
The administration is taking the 1332 waivers, which are designed to
allow States flexibility to lower health insurance costs, like through
reinsurance, and using it to take away important consumer protections.
The 1332 waiver requires high-quality, affordable health insurance
while retaining the basic protections of the Affordable Care Act.
As the American Cancer Society notes: This administration guidance
tips the scales in favor of insurance products that are inadequate to
meet the needs of millions of Americans with preexisting conditions.
Madam Speaker, I also support H.R. 2157, which provides disaster
assistance to communities from every nook and corner of this country
who are waiting for our help.
When disaster hits this country, we come together and support each
other. When tornados, and floods, and hurricanes strike, we help people
quickly. It is an embarrassment that a disaster bill has not yet made
it to the President's desk in this Congress.
Madam Speaker, I urge a ``yes'' vote on the rule.
The text of the material previously referred to by Mr. Burgess is as
follows:
Amendment to House Resolution 357
At the end of the resolution, add the following:
Sec. 3. Immediately upon adoption of this resolution, the
House shall proceed to the consideration in the House of the
resolution (H. Res. 280), protecting the health care of all
Americans, especially those with preexisting conditions. The
resolution shall be considered as read. The previous question
shall be considered as ordered on the resolution to adoption
without intervening motion or demand for division of the
question except one hour of debate equally divided and
controlled by the chair and ranking minority member of the
Committee on Energy and Commerce. Clause 1(c) of rule XIX
shall not apply to the consideration of House Resolution 280.
Ms. SHALALA. Madam Speaker, I yield back the balance of my time, and
I move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. BURGESS. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of adoption of the resolution.
The vote was taken by electronic device, and there were--yeas 227,
nays 190, answered ``present'' 1, not voting 13, as follows:
[Roll No. 189]
YEAS--227
Adams
Aguilar
Allred
Axne
Barragan
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NAYS--190
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rose, John W.
Rouzer
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Wagner
Walberg
Walden
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
ANSWERED ``PRESENT''--1
Roy
NOT VOTING--13
Bass
Bishop (UT)
Cardenas
Cummings
Emmer
Olson
Richmond
Rooney (FL)
Schakowsky
Swalwell (CA)
Visclosky
Walker
Wenstrup
{time} 1352
Messrs. AMASH, ADERHOLT, KINZINGER, BUDD, BILIRAKIS, STIVERS, and
KATKO changed their vote from ``yea'' to ``nay.''
Ms. SEWELL of Alabama changed her vote from ``nay'' to ``yea.''
[[Page H3519]]
So the previous question was ordered.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. BURGESS. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 227,
nays 191, not voting 13, as follows:
[Roll No. 190]
YEAS--227
Adams
Aguilar
Allred
Axne
Barragan
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NAYS--191
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Wagner
Walberg
Walden
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--13
Bass
Bishop (UT)
Cardenas
Cummings
Emmer
Olson
Richmond
Rooney (FL)
Serrano
Swalwell (CA)
Visclosky
Walker
Wenstrup
{time} 1401
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________