[Congressional Record (Bound Edition), Volume 163 (2017), Part 2]
[Senate]
[Pages 2293-2311]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     EXECUTIVE CALENDAR--Continued

  The PRESIDENT pro tempore. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I have a simple unanimous consent request, 
but before I do, I congratulate the new Senator from Alabama. It is 
unusual that I have someone here taller than I am.
  Mr. President, I ask unanimous consent that I be permitted to yield 
the remainder of my time on the issue before us to the senior Senator 
from New York.
  The PRESIDING OFFICER (Mr. Perdue). The Senator has that right.
  The Senator from Virginia.
  Mr. KAINE. Mr. President, I would like to resume my remarks following 
the swearing in.
  I also offer my congratulations to my new colleague.
  Ann Odenhal, Richmond, VA:

       On New Year's Eve, 2013, we were informed that our youngest 
     son, Patrick, 18 years old, had Type 1 Diabetes (T1D), an 
     incurable disease that comes with a lifetime of insulin 
     dependence, injecting oneself six to eight times a day. The 
     cause is unknown, it is not a lifestyle disease and there is 
     no escaping it once diagnosed. The beta cells on our son's 
     pancreas just stopped working. T1D is extremely dangerous and 
     when not managed can cause blindness, kidney failure, limb 
     loss, other issues and death. We were knocked off our feet, 
     numb, confused and overwhelmed by the danger and the medical 
     requirements to stay within an acceptable insulin range. 
     People with the disease must balance insulin doses with 
     eating and other activities throughout the day and night. 
     They must also measure their blood-glucose level by pricking 
     their fingers for blood six or more times a day. Our son 
     still can have dangerous high or low blood-glucose levels, 
     both of which can be life threatening. He will die without 
     insulin; he could die from too much insulin. In the midst of 
     our fog of sadness and confusion, we remembered the ACA. ``At 
     least the ACA will be there when Patrick is on his own. He 
     will be able to get health insurance regardless of his prior 
     condition,'' was our mantra. One day, Patrick came home and 
     announced, ``Great news! The ACA allows me to stay on your 
     health insurance until I'm 26!''

  I changed my retirement schedule. I can do that. I have watched and 
worried as insulin prices soar. Pat takes two types of insulin, a 
single carton of which costs between $400 and $500 retail. I run the 
math in my head and I worry some more about lack of insurance. We are 
covered by my employer's insurance, which pays for most of the drugs, 
equipment and the additional health care he needs, but what would 
happen if we found ourselves without insurance? What if I lose my job? 
Public service runs deep in our family. My husband is a retired teacher 
and our older son is a policeman. It appears Pat may be moving toward 
nonprofit or public service work as well. Will he have health 
insurance? Will he have it without the ACA? I can promise anyone 
reading this that you know someone whose life has been or will be 
positively impacted by the ACA. There are 20 million people like our 
son, Patrick. Don't allow a repeal of the ACA. Fix the problems, work 
the issues, but don't play politics with our son's life.
  Linda Crist, Lynchburg, VA:

       I had employer provided health care for 38 years. In 2013 I 
     lost my eyesight to macular degeneration and could no longer 
     work. An insurance company covered me for $695 a month (just 
     me). With the lost income, I could no longer afford 
     insurance. I contacted them and was told there was a new plan 
     I could apply for. I applied and was denied due to a ``pre-
     existing condition.'' You see, in 1984--

  Decades before--

       I was diagnosed with kidney disease. I was treated and, 
     according to my physician, cured. The insurance company 
     didn't care. I applied for insurance under ACA and got a 
     silver plan that cost me $345 a month. I was given a tax 
     credit of $500 monthly and I chose to only use a portion of 
     it. The ACA saved me while I was waiting for Medicare to kick 
     in after receiving Disability. I am sure my premium would 
     have gone up with the ACA but it saved me when I needed it.''

  John Carl Setzer, Winchester, VA:

       My son was born in 2009 with a severe congenital heart 
     defect, called Hypoplastic Left Heart Syndrome (HLHS). 
     Basically, he was born with half a heart and required three 
     open-heart surgeries. All of his treatment is considered 
     palliative. In 2009, he had the first two heart surgeries, in 
     addition to another on his diaphragm. He was hospitalized for 
     many weeks. He had insurance under my employer-based 
     coverage. Clearly he had a pre-existing condition. But the 
     other issue is that he almost maxed out his insurance 
     coverage in the first year of life. My understanding is that 
     the ACA eliminated the lifetime caps on insurance coverage, 
     and my wife and I blew a major sigh of relief. Otherwise, we 
     would have had to switch his coverage from my insurance to 
     hers. However, he required another surgery a couple years 
     later and will at some point likely require a heart 
     transplant. Thus, the insurance games would have continued. 
     The ACA eliminated that burden on us, at least until he is an 
     adult. The lifetime cap is not something I hear debated much 
     these days, but it is something to consider for people that 
     have major health complications. Please consider this in 
     future legislation, in addition to coverage for pre-existing 
     conditions.

  I will read one more story and then cede to my colleague. I have so 
many more that I want to read, and this is just 1 or 2 percent of the 
1,654 stories that my office has received in 3 weeks.
  Jennifer Smouse, Midlothian:

       In 2008, my husband started his own construction company 
     after the national home building company he worked for pulled 
     out of Richmond. It was our first time being self-employed 
     and along with adjusting to the idea of not receiving a 
     paychecks on the 15th and 30th of each month, we needed to 
     secure our own healthcare coverage for our family of 5. We 
     submitted our applications for insurance, and were notified a 
     short time later that we would not be offered coverage for 
     our oldest child. He is on the autism spectrum and they were 
     denying him coverage based on his Autism diagnosis. We were 
     shocked--our son was high functioning and was not in need of 
     any special medical services. . . .

  And he still received this denial.

       With the passage of the ACA, we no longer had to worry 
     about being denied coverage due to a medical diagnosis. The 
     system is not without its flaws. Our premiums were extremely 
     high in addition to the high deductible, and it was a stretch 
     to afford the plans even with the credits available to us. 
     But at least we felt on even ground. That in addition to 
     parenting a child on the autism spectrum, we didn't also have 
     the challenge of securing healthcare coverage for him.

  I have other stories. I may resume my seat, but I will now cede time 
to my colleague from Florida, Senator Nelson.
  The PRESIDING OFFICER. The Senator from Florida.

[[Page 2294]]


  Mr. NELSON. Mr. President, just like the distinguished Senator from 
Virginia, I, too, have had so many Floridians reach out to me. And 
sometime in the next 12 hours--literally in the next 12 hours--we are 
going to vote on the confirmation of the President's nominee for the 
Health and Human Services Secretary. The reason so many people are 
reaching out to us, giving us these personal stories, is that HHS is 
the primary agency for protecting the health of all Americans as an 
agency. You could certainly say we ourselves are primarily responsible 
for our health, or in the case of children, their parents, but when you 
get to an agency of the U.S. Government, it is HHS. It provides health 
coverage through Medicare and Medicaid, the Federal marketplace, and 
the Children's Health Insurance Program.
  I don't want it to be lost on the Senators--you know a little bit 
about Florida and that the percentage of our population that is elderly 
is very high, which translates into 4 million people in my State on 
Medicare for access to health services, and another 3.5 million 
Floridians rely on Medicaid and CHIP for care. So that alone is reason 
to be concerned about this appointment.
  Another nearly 2 million Americans signed up for coverage under 
healthcare.gov--specifically 1.8 million in the State of Florida. That 
is more signing up under the ACA under healthcare.gov than any other 
State. Nine million other Floridians get their health coverage from 
their employers and benefit from some of the ACA protections, such as 
prohibiting insurers from imposing lifetime limits or discriminating 
against people with preexisting conditions. That is another 9 million 
Floridians.
  I am concerned that, if confirmed, Congressman Price would be the 
President's top adviser on these important issues and that he would be 
responsible for upholding President Trump's promise to protect Medicare 
and Medicaid. He would be responsible for upholding President Trump's 
promise that any ACA replacement plan will ``have insurance for 
everyone.'' That is what Candidate Trump said.
  This nominee would be responsible for upholding President Trump's 
promise to keep in place the protections that prevent insurance 
companies from discriminating against individuals with preexisting 
conditions. How many times before the ACA did we have some of our 
constituents tell us they were denied coverage because they had a 
preexisting condition--a rash. Because of the law, no one can be denied 
health insurance now.
  Yet Congressman Price's record and the policies he has supported 
throughout his seven terms in Congress are in direct conflict with 
President Trump's stated goals. In fact, Congressman Price's proposed 
budget in the House cuts nearly $500 billion from Medicare and turns it 
into a voucher program. His plan would give seniors a fixed dollar 
amount--that is the voucher--to buy insurance. Most every economist 
would tell us that means higher monthly premiums. According to the 
nonpartisan Congressional Budget Office, turning Medicare into a 
voucher program would cause seniors to pay 11 percent more out of their 
pockets. Is that what we want to do to our senior citizens? I don't 
think so. We better think about it.
  I can state that the seniors in my State are petrified when folks 
start messing with their Medicare. One of my constituents said in a 
letter that he wrote to me:

       I hear that Congress is proposing changes to Medicare, 
     which would provide a fixed-dollar amount to purchase medical 
     insurance in the private sector. This monumental shift would 
     put an undue financial burden on fixed income retirees.

  Linda, another constituent from Tampa, wrote to me back in January 
and said:

       I am 68 years old. I am a woman who depends on Social 
     Security and Medicare. My years in the workforce were meant 
     to help cushion my retirement with money I invested from 
     dollars earned, and now my living and my access to health 
     care are threatened. Please, please, do all you can to 
     prevent the loss of these important hard-earned necessities.

  That is what she wrote to me.
  These are just two examples of seniors for whom we need to stand up 
and fight.
  Half of all Medicare beneficiaries have incomes of less than $24,000, 
and they have savings of less than $63,000. I want to say that again 
because that is the condition of many senior citizens. Half of all 
Medicare beneficiaries have incomes of less than $24,000, and half of 
those beneficiaries have savings of less than $63,000. Based on these 
numbers, seniors simply can't afford to pay 11 percent more out of 
their pocketbooks for benefits. Seniors can't take a chance on 
Congressman Price as their HHS Secretary by virtue of what he has 
already said and what his record is in the Congress.
  The Congressman also supports raising the Medicare eligibility age to 
67, forcing seniors to wait for benefits they earned during their 
working years. They have been waiting patiently until they reach age 
65, and now it is being pushed up another 2 years. By increasing the 
age from 65 to 67, Congressman Price is forcing Americans to work 
longer to maintain the health coverage they were promised or forcing 
them to go without insurance.
  Approximately 92 percent of older adults have at least one chronic 
disease, and 77 percent of older adults have at least two chronic 
diseases. Forgoing critical health coverage is not an option for these 
folks, and who is going to stand up and fight for them? I know Senator 
Kaine and I will.
  The Congressman refused to answer my question in the Finance 
Committee on whether he supports the ACA that saved seniors money on 
the cost of their prescription drugs by closing the Medicare D gap that 
we call the doughnut hole. Under the ACA, more prescription drugs were 
paid for by Medicare than had been the case before. What that 
translates into in Florida is seniors saved $1,000 a year, thanks to 
the reduction of the gap in the prescription drug coverage. So why in 
the world would we want to get rid of something that is saving our 
seniors money and is doing exactly what it was intended to do--save 
them money on their prescriptions? We should be looking for ways to 
lower, not raise, the cost of prescription drugs for our senior 
citizens.
  In November of last year, Congressman Price said that he wants to 
overhaul Medicare in the first 6 to 8 months of the Trump 
administration using a fast-track procedure known as reconciliation--
getting around the 60-vote threshold requirement that forces us to have 
bipartisan compromise on the floor of the Senate in legislation. That 
is what he said he wanted to do to force it through on a reconciliation 
bill. Well, I don't think that sounds too good.
  So when you look at all of this, what is the conclusion? The 
Congressman's record and statements made as recently as 3 months ago do 
not match President Trump's promises. Our country deserves an HHS 
Secretary who will uphold those promises, not inflict deep, harmful 
cuts that fundamentally alter the health and financial security 
Medicare provides Americans in their later years.
  For these reasons and others, sometime in this next 11\1/2\ hours 
when we vote, I am going to vote no on this nominee. There is too much 
at stake for our seniors to give this nominee control over these 
programs.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Alabama.


                         Senator Luther Strange

  Mr. SHELBY. Mr. President, I would like to take a few minutes this 
afternoon to talk about some of the events that happened here in the 
past 24 hours.
  Less than 24 hours ago, we confirmed my colleague--former colleague 
now--Jeff Sessions to be Attorney General of the United States. After 
he was confirmed, he resigned as Senator and has been sworn in as 
Attorney General of the United States this morning.
  The Governor of Alabama, Gov. Robert Bentley, subsequently appointed 
Luther Strange, who is our newest Senator. He was our attorney general 
until a few hours ago--a second term as attorney general. I want to 
tell you a little bit about our newest Senator from Alabama here in the 
U.S. Senate.

[[Page 2295]]

  He is someone I have known for about 35 years and someone I have 
spent a lot of time with, off and on. I know his wife Melissa. I know 
his sons. We have traveled together. As the Presiding Officer would 
appreciate coming from Georgia, we have had time to be in Georgia and 
other places hunting quail, ducks, geese, and doves together. You get 
to know somebody pretty well, as the Presiding Officer knows.
  I believe this was a great appointment by our Governor. This is 
someone who will hit the ground running. He is going to be involved in 
the issues. He is a team player. He is going to work with us in the 
Republican caucus and work for what is in the best interests of the 
State of Alabama and the Nation, which we all need to do.
  He is a graduate of Tulane University, undergraduate and law school, 
and you might be able to tell he may have been a basketball player in 
his youth and probably still would be.
  I look forward to working with him. I am going to miss Senator 
Sessions, who is now our Attorney General, someone I worked together 
with for 20 years. I have been here 30 years, so together, as I said 
yesterday, we have 50 years.
  Luther Strange is going to hit the ground running. He brings a lot of 
knowledge, a lot of integrity to this job, and I look forward to 
working with him for the people of Alabama and for our great Nation.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. KAINE. Mr. President, I thank the Chair for allowing me to retake 
the floor to speak about the nomination of Congressman Price to be HHS 
Secretary, and to read stories from Virginians who are afraid about 
repeal of the Affordable Care Act.
  Mark Priest, Alexandria, VA:

       I am a self-employed entrepreneur and consultant. Since I 
     work for myself I do not have access to a special pool from 
     an employer that would make health insurance more affordable. 
     Starting in 2014 I was insured through the ACA and I was able 
     to find an affordable policy to cover myself. I think that 
     there is a mistaken notion that if you are employed, you 
     automatically have access to affordable health insurance. The 
     ACA isn't just for the unemployed. I work hard and I am a 
     small business owner. The ACA makes it possible for me to 
     afford health care.

  Constance Burch, Fort Valley, VA:

       I am a 53 year old single female who is self employed as a 
     Voice and Piano teacher. I have always prided myself on being 
     able to care for myself and provide the basic necessities. 
     Before the ACA I had to pay over $450 a month for health care 
     on a net income of $19,000. This meant some months having to 
     use credit cards for other necessities such as food and 
     gasoline to get to my lessons. Thanks to President Obama, 
     that all changed and based on my income, my fee was reduced 
     to $33 a month. I literally cried for joy that someone 
     finally did something to help those of us who work hard and 
     deserve the same quality health care that the more fortunate 
     are able to have. It is fair and quite honestly it was the 
     first time in my life that I truly felt that the government 
     actually did something to help me personally and those in the 
     same position.

  Deb Fuller, Alexandria, VA:

       I rely on the ACA for my health insurance because 
     otherwise, I would not be able to get it. My job, writing K12 
     textbooks and other educational material, has largely been 
     outsourced, and full-time permanent positions with benefits 
     are nearly nonexistent these days. The majority of the work 
     is as a ``flexible workforce'', which is the fancy term for a 
     freelancer or contract employee. Having the ACA means I can 
     continue working these contracts instead of trying to figure 
     out how to completely change professions because I need a job 
     that provides health insurance. Before the ACA, my saint of a 
     doctor went back and forth with health insurance companies 
     trying to convince them that I wouldn't cost them too much 
     money in the long run. They literally looked for anything to 
     deny me coverage. One rejection letter mentioned cold sores 
     in the litany of reasons why I was completely uninsurable. 
     Ninety percent of the population has cold sores. Now, 
     insurance companies make back their money on me because I pay 
     them vastly more than they cover because I don't get sick 
     that often or visit the doctor that often outside of routine 
     checkups. I also have peace of mind that if I am out on 
     horseback riding or hiking on a trail, I won't be put in the 
     poor house because I landed in a heap and had to go to the 
     ER.

  Lauren Carter, Lovingston, VA:

       My 39 year old son has cerebral palsy and a blood clotting 
     disorder. His ``preexisting conditions'' started at 
     conception. Three years ago, he lost his full-time job with 
     health insurance benefits. The ACA allows him to continue 
     receiving medical care and purchase his lifesaving 
     medications. He supports himself through multiple part-time 
     jobs, but employer-based insurance is just not an option for 
     him at this time.

  Shannon Linford, Leesburg:

       My name is Shannon Linford, I'm 24, and from the age of 10, 
     my life has been a series of doctors office visits. I suffer 
     from over a half dozen chronic illnesses, physical and 
     mental, and require frequent checkups and take up to 15 
     prescriptions a day. I have spent the last 14 years balancing 
     illness with my attempts to build a life. That would not have 
     been possible were it not for the provisions of the ACA that 
     prevent insurance companies from denying me service for my 
     illnesses or allowing me to stay on my parents' insurance 
     until I am 26. I've had to take a detour from pursuing higher 
     education due to these illnesses, as well as getting a job, 
     and instead spend the days I'm well enough volunteering with 
     nonprofits that advocate for others with illnesses like mine. 
     My team of doctors and I work together personally to create a 
     plan that is best for me. We are exemplifying health care at 
     its best. They know me by name, they know each other by 
     name--across disciplines, they work and collaborate together. 
     I would not have this luxury were it not for the ACA. If 
     insurance companies could deny me coverage due to my 
     preexisting conditions I was born with, my family and I would 
     go into bankruptcy trying to give me basic care. My health is 
     finally under good management. I'm going into remission with 
     my depression thanks to new experimental treatment with my 
     psychiatrist. Things are looking up, thanks to the provisions 
     in this remarkable legislation. Revoking this law would be 
     criminal and would destroy lives, destroy futures. Thank you 
     so much for your hard work.

  Anna M., Vienna, asked that I not use her last name:

       Without the ACA, I would likely be dead. I live with 
     bipolar disorder, an incurable mental illness that causes my 
     moods to swing uncontrollably from intense anxiety to 
     crushing depression. I began seeking help five years ago and 
     once spent two weeks in an intensive outpatient hospital 
     program because I was suicidal. I got help, but later lost my 
     job and my insurance, making my disorder a preexisting 
     condition. Thankfully, the ACA prevents my new insurance from 
     refusing coverage, and I was able to continue treatment. I 
     will need to control my bipolar disorder with medications and 
     therapy for the rest of my life. Without treatment, I am at a 
     higher risk for long-term unemployment, becoming homeless, 
     incarceration, and dying by suicide. With treatment, I work 
     full-time, pay my taxes, volunteer for local charities, and I 
     am a loving daughter, sister, and friend.

  Katie Rugg in Henrico:

       I was paying half of the cost of my rent and health 
     insurance every month and still having to pay for services 
     every time I went to be seen. I never knew how much things 
     would cost when I needed to be seen, either! So I was paying 
     an outrageous amount for health insurance and also afraid to 
     go see a doctor if I had any issues because it was going to 
     cost me more money than I had on top of everything else. I 
     was already living paycheck to paycheck, with a full-time 
     professional job in my field and a masters degree, and 
     seriously considering going without any insurance at all. 
     When the ACA was passed, my employer offered a discounted 
     option through the affordable care exchanges. I decided it 
     was worth trying. It cut my monthly costs by more than half 
     and it pays for services at 100 percent of the Medicare fee 
     schedule. The cost is deducted directly from my paycheck, and 
     every provider that I have seen has been happy with the 
     prompt and predictable payment, even if it requires some 
     explanation at first. The way it works is that I would pay 
     the difference if there was any between the cost of service 
     and the Medicare fee payment. So far, any additional cost to 
     me, besides occasional lab work, which has been very minimal. 
     And my regular chiropractic care has been completely covered. 
     It has been phenomenal, like the difference between day and 
     night for me. Not only did this option allow me to feel 
     comfortable going in to see a doctor when I had an issue 
     instead of when I had to and was already sick, it also helped 
     me put some money away into a modest savings. Most 
     importantly, with housing costs continuing to rise and my 
     paycheck staying absolutely static for 3\1/2\ years, I was 
     finally able to buy my own house through a first-time 
     homeowners Assistance loan. It took a year of looking and 
     saving aggressively, but I have done it. I have done it! 
     Losing my ACA insurance would be devastating. I have come too 
     close to homelessness with the financial pressures I face in 
     this economy. I don't want to lose now what I have worked so 
     hard to gain. Thank you, Sen. Kaine, for what you are able to 
     do to help people like me.

  JoAnne Loiselet, Clifton:
  Clifton, VA.

       My story is I'm sure like many other women. I was a stay-
     at-home mom and in

[[Page 2296]]

     2009 my husband, who owned his own business, and I separated 
     and ended up divorced 3 years later. He is not required to 
     keep my children insured and he cancelled their health 
     insurance without me knowing it. The company I started 
     working for doesn't offer health insurance, and we went 
     without, until the ACA went into effect. Our pediatrician 
     didn't charge me for office visits and only for vaccines. 
     When needed, we borrowed money to help pay the bills. If the 
     ACA gets repealed, what would we do? What would happen if my 
     son breaks his arm or my daughter breaks her leg? How could I 
     pay for that? I make $50,000 and live in Fairfax County and I 
     could end up in bankruptcy. We have a right to have insurance 
     and live with peace of mind.

  Laura Kreynus, Mechanicsville:

       My daughter was diagnosed with Crohn's Disease in April of 
     2013. That September, my husband was diagnosed with 
     Parkinson's Disease. We are farmers, we raise food for 
     America. As such, we are independently insured. Prior to 
     finding a plan through the ACA in January of 2015, our 
     monthly insurance premiums were increased to nearly $3,000 a 
     month--yes, a month. On top of that, our health care 
     insurance had an annual cap on prescription coverage of 
     $5,000. The Humira that my daughter takes to combat Crohn's 
     retails for $3,800 a month, and that is not the only 
     medication she needs. So basically, after one month, we reach 
     the prescription coverage cap, meaning we would have to pay 
     $3,800 a month for her medication on top of $3,000 a month in 
     premiums. Who has an extra $6,800 a month to pay for this? 
     This is way more than we earn every month. With the health 
     insurance plan we got through the ACA, our premiums for 2015 
     were $1,500 a month, less than half of what we would have 
     been paying. But the real saving grace was no prescription 
     cap, so my daughter's medications are covered with a copay 
     after we reach the deductible. This is still a lot of money, 
     but at least we can treat our daughter's disease and 
     hopefully keep her healthy. And even though our premiums have 
     gone up $2,000 a month under the ACA, at least we still have 
     insurance. Under the Republican Senate's repeal of the 
     preexisting condition provision, we will not be able to get, 
     much less afford, any insurance in the future. This will have 
     devastating consequences to my daughter's health. She is only 
     15 years old. She deserves a chance in life. I have not even 
     touched on how no our insurance will affect my husband's 
     Parkinson's Disease. We are upper middle class income 
     Americans. I am not asking for a handout. We are paying more 
     that 25 percent of our income for health care related 
     expenses. And I can't imagine the affect this has on people 
     with less resources than we have. Do you know what happens if 
     you get sick or a disease and you don't have or can't have 
     health insurance or medical treatment? You die. Seriously, 
     health care costs are out of control in America and health 
     care is a basic right, and people are dying.

  Cynthia Elliott, Hillsboro:

       Gov. Kaine, Without the ACA, I and many other younger 
     seniors whose jobs do not provide health care would simply be 
     without until Medicare kicks in. I was paying $1,000 a month 
     for HMO care. Until I couldn't. But with the ACA, I was able 
     to get coverage for a reasonable $300 a month. And this one 
     includes dental care! It is simply a lifesaver for me.

  Mary Lloyd Parks, Richmond:

       We have excellent insurance coverage (though expensive) 
     through my husband's partnership in a large law firm, and 
     we've been grateful. We have two daughters, now 21 and 23. 
     Our oldest has cystic fibrosis. The Affordable Care Act has 
     allowed her to stay on her health insurance policy through 
     college, and now in her first year as an Urban Teachers 
     fellow in Washington, DC where she is teaching first grade 
     and studying at night to get her master's degree in 
     elementary and special education. While her health is 
     currently good, the medicines she requires to maintain her 
     health are extremely expensive and without our insurance, she 
     would not be able to afford them. The prescriptions cost 
     thousands of dollars every month. We are quite fearful that 
     when she turns 26, her preexisting condition--a very 
     expensive and lifelong disease that requires routine 
     hospitalizations and even lung transplants--would make her 
     virtually uninsurable. We are counting on the ACA to be in 
     place when she can no longer be insured as a member of our 
     family. She has chosen a profession that may not allow her to 
     afford the care she needs, and she was born with a chronic 
     serious illness that would be a pre-existing condition that a 
     future insurer could use to deny her coverage or to charge 
     her prohibitively high premiums.

  Just four more.
  Carry Hawes from Midlothian:

       Sometimes people forget how much is encompassed in the ACA. 
     If not for the ACA, my husband would be dead. Diagnosed with 
     a fatal liver disease in 2007, he needed a liver transplant 
     and he ended up getting two. On July 19, 2012, he received a 
     new liver at UNC hospital. He regained his life and we were 
     able to move home to Richmond to take new jobs and begin a 
     family, knowing that his preexisting condition would be 
     covered under the ACA. We were able to live without fear that 
     an employer would deny us coverage because he was high risk.

  Sammye Newman, Richmond:

       Before the ACA became law, I was paying more than $1,200 a 
     month for health insurance. Quitting altogether was one 
     alternative, but it would have meant paying possibly double 
     for health care, procedures and lab tests because I would no 
     longer be eligible for the negotiated prices contracted by 
     the health insurance company. Still, I was almost out of 
     money. Then the ACA was passed. My rates fell to between $50 
     and $60 per month for better policies than I had before 
     making the switch. At 62 years of age, I am faced with health 
     care needs that continue to increase. As a cancer survivor 
     (21 years and counting!), it is imperative that I be 
     proactive regarding health care. In fact, having a good 
     doctor under an affordable employer-sponsored health care 
     plan is what saved my life 21 years ago. Please, don't allow 
     this lifeline to be abolished!

  Heidi S., of Richmond, asked me not to use her last name:

       Thanks to the passage of the ACA, I was able to stay on my 
     parents' health insurance plan until I turned 26 years old. 
     This policy change allowed me to go back to school at 24 
     years old to pursue a Masters degree, during which time I was 
     diagnosed with a malignant melanoma. The mole was not of 
     concern to me at all and was found during a routine check-up. 
     If I did not have access to my parents' health insurance 
     during that time, I surely would not have had access to the 
     pathologists and surgeons who diagnosed and removed the 
     cancer before it had the chance to spread. While no one knows 
     what would have happened if this tumor not been removed, I 
     truly feel that I owe my life to the ACA.

  Finally, Christopher Woodroof from Bedford, VA:

       Dear Senator Kaine, In September of 2011 I began receiving 
     Social Security Disability Benefits, not from an injury, but 
     from an illness I was diagnosed with 12 years ago, a rare 
     blood disorder caused by a mutated gene in my bone marrow. I 
     worked as many years as I could, but eventually I became 
     unable to. The company I worked for insurance plan had a 
     $10,000 deductible, so for me having to go to the hospital 
     twice a month for most of the twelve years, it has taken all 
     of my savings and retirement I had accumulated to cover my 
     medical bills. Seven years ago we had to cancel my wife's 
     health insurance due to the high cost. Due to the high cost 
     of medical care, my wife would not see her doctor at times 
     she really needed to. The amount of disability I receive 
     barely covers our basic needs, so she felt we could not 
     afford a doctor bill. Under the Affordable Care Act, she 
     qualifies for a decent policy that cost us $30 a month. This 
     has enabled her to start seeing her doctors again and made 
     her prescriptions for asthma affordable and obtainable again. 
     This coverage is a lifesaver for us and I'm not sure how [we] 
     could handle losing it. Please convince your colleagues in 
     the Senate to show some compassion for those who worked hard 
     all their life, only to lose everything because they became 
     ill. Thank you for your service and all you have done for 
     Virginia and the American people. God bless you. With kindest 
     personal regard, Chris Woodroof.

  This is not a game. This is not politics. This is not a debate. These 
are the lives of dozens of Virginians sampled out of 1,600 stories that 
have been sent to me in the last 3 weeks, all saying to this body one 
thing: Do not repeal the Affordable Care Act. Do not jeopardize the 
health care of 30 million people. Do not jeopardize the peace of minds 
of parents going to bed at night and making them wonder what will 
happen if their child gets sick tomorrow or if they lose their job.
  We can improve, and many of these letters point out things we need to 
do to improve the Affordable Care Act. But we shouldn't even be 
contemplating a repeal of a law that provides so much good to so many. 
This is one of the main reasons, when we vote later today, I am going 
to be opposing someone who wants to repeal the Affordable Care Act--
Congressman Tom Price, as he has been nominated for HHS Secretary.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. CASEY. Mr. President, I rise this afternoon to speak about the 
nomination of Tom Price to be the next Secretary of Health and Human 
Services.
  I wish to start this afternoon with a couple of names--just five, and 
I will use just first names--five Pennsylvanians whom I will refer to 
in my remarks. I am certain I will get to the first two, and I hope to 
get to all five. First is Anthony; second is Rowan; third is Rebecca; 
and fourth and fifth

[[Page 2297]]

are Hannah and Madeline, two sisters whose story inspired me and 
continues to inspire me today. I will start with Anthony because I 
think his circumstance and that of his family are good reminders of how 
important the Medicaid program is to families across the country.
  Anthony's mom wrote us a letter. I will read pertinent parts of it to 
summarize his circumstance. His mom writes in the opening part of the 
letter:

       My son, Anthony, was born at 25 weeks and he weighed one 
     tiny pound. We were overcome with medical bills which 
     Medicaid thankfully paid for us. Since his birth he has had 
     multiple health crisis, seizures, sleep disorders just to 
     name a few.
       Most recently, Anthony was diagnosed with Autism spectrum 
     disorder, Tourette's syndrome, severe obsessive compulsive 
     disorder, and Dyspraxia.

  All of those in the life of one young boy--
  She says:

       Last spring, we were faced with the decision of putting him 
     in a residential treatment program. If not for his Medical 
     Assistance--

  The name of the program for Medicaid in Pennsylvania--

     this would have never been an option for us.

  In other words, they wouldn't be able to get him into a residential 
treatment program. Ultimately, Anthony's family chose to get him 
intensive outpatient treatment, which Medical Assistance also covered. 
Anthony's mom Corey ultimately decided to stay home and care for 
Anthony, so she had to leave the job at which she had worked for 20 
years. She said:

       If we lost coverage, we would not be able to provide the 
     support he needs. We are sure of that.

  Toward the end of the letter, she says:

       My son Anthony is currently attending school almost 
     regularly and functioning the best he has for a very long 
     time thanks to the services he received from his medical 
     assistance. It gives me hope and encouragement that he will 
     someday grow up to be a contributing member of our next 
     generation.

  That is Anthony's story of all of the benefits he and his family have 
derived from Medicaid or, as we call it in Pennsylvania, the Medical 
Assistance program.
  The second Pennsylvanian I will talk about is Rowan. I spoke about 
Rowan on the floor just a number of days ago. I am quoting from Rowan's 
mom's letter. Pamela wrote:

       Rowan was diagnosed with Autism Spectrum Disorder in March 
     of 2015.
       He was extremely hyperactive and since he refused to nap, 
     he was a severe distraction. I cannot stress enough that we 
     had zero other options for our family. For months, I would 
     receive calls about Rowan being aggressive to other children. 
     This broke my heart. No parent wants to hear that their child 
     is hurting other children.
       Late January 2016, I applied for Medicaid [Medical 
     Assistance]. After Rowan was awarded MA, we were able to 
     obtain wrap-around services.

  Then she talks about a behavioral specialist consultant, a 
therapeutic staff support worker, and all the help that came with those 
individuals.

       Specifically she helped to alleviate his aggression and 
     combat his over-stimulation. The wrap-around services have 
     been a Godsend.

  Ultimately, Rowan benefited from a social skills program.

       This program is a social skills program specifically for 
     Autistic children ages 3-21. I enrolled Rowan in November. 
     Rowan has benefited immensely from [this program]. Thankfully 
     it is covered in full by MA.

  Then she concludes, in part:

       Our family would be bankrupt or my son would go without 
     therapies he sincerely needs.
       Overall, we are desperately in need of Rowan's Medical 
     Assistance and would be devastated if we lost these benefits.

  So we have two young boys in Pennsylvania. Their stories are told by 
their moms, and they are telling us: Don't cut Medicaid. Don't destroy 
Medicaid, as some proposals have been not just debated here in 
Washington, not just theorized about; these are policies that Members 
of Congress have voted in favor of.
  But now it is a little different. Now it is not just voting in favor 
of so-called block-granting--a very benign term, ``block-granting.'' I 
would rather use the word ``destroy,'' but we can debate that. This is 
a live issue now because we have people who are still proposing block-
granting, and we have a President who--at least one member of his 
administration said he would sign such legislation or at least support 
it. That gets to the point of my basic disagreement with what 
Representative Price has not only supported but led the fight on in the 
House of Representatives.
  I disagree totally with his budget proposals to block-grant Medicaid 
for the reasons that I just outlined--because of Rowan and Anthony and 
lots of children in Pennsylvania like them, children with disabilities, 
children who happen to come from low-income families, seniors who want 
to get into nursing homes. All of those concerns are uppermost when I 
consider his nomination.
  What I was hoping he would say to me in our meeting in my office--a 
very cordial meeting where we debated a little bit--and then after my 
questions to him both in the Health, Education, Labor, and Pensions 
Committee, and the Finance Committee, the committee from which his 
nomination originated--I was hoping he would say: I was for block-
granting Medicaid and changing Medicare and making all those proposals 
as a House Member, as a leader in the debate about the budget. But I am 
going to be in different place now, and I am not going to push those 
ideas. I am going to have a different position, and we are not going to 
go in the direction of doing that any longer, so I want to separate 
from what I was proposing as a Member of the House. I have no 
assurances that his advocacy or position on these issues will be any 
different.
  Now we have the administration embracing the very issues that in the 
campaign the candidate said he was against. The Presidential candidate 
said that he wouldn't touch Medicare; he wouldn't touch Medicaid. You 
know the statements I am referring to.
  When we talk about Medicaid and why it is such an important issue in 
this confirmation process, what are we talking about? In addition to 
Rowan and Anthony and children like that, we are also talking about the 
fact that 45 percent of all the births in the United States of America 
are paid for by Medicaid. A lot of people don't know that, but that is 
the truth. One in five seniors receives Medicare assistance through 
Medicaid. That is one of the reasons so many seniors are concerned 
about not just what happens to Medicare, but what happens to Medicaid.
  Another reason for seniors to be concerned: Two-thirds of nursing 
home residents are covered by Medicaid. So when we talk about block-
granting, which leads to massive cuts to Medicaid, we had better be 
concerned about it because it means nursing home residents are 
adversely affected.
  Medicaid covers 40 percent of all the children in the country with 
health care--40 percent. For poor children, 75 percent get their health 
care through Medicaid, and 60 percent of all children with disabilities 
are covered by Medicaid--60 percent.
  How about if you live in a rural area? Let me give a sense of what 
the circumstance is for Pennsylvania. We have 67 counties, 48 of them 
are rural, and a lot of people in those communities are covered by 
Medicaid. By one recent estimate, more than 278,000 rural 
Pennsylvanians are covered by Medicaid. We know that hospitals in rural 
areas depend upon Medicaid. In 15 rural Pennsylvania counties, 
hospitals were the top employer. Guess what program supports those 
programs, keeps the doors open: Medicaid.
  On and on, we could talk about job loss that results from cutting 
Medicaid. So if we are serious about helping children with disabilities 
and protecting seniors, we should think long and hard before voting for 
the block-granting of Medicaid.
  One final point just with regard to Pennsylvania Medicaid.
  If Medicaid were to be block-granted, as many legislators have 
supported and voted for, if that happens and if the Affordable Care Act 
were repealed without a replacement, Pennsylvania alone--one State--
would lose $80 billion over 10 years. This is a 38-percent reduction in 
funding for Pennsylvania. I am going to fight anyone who tries to

[[Page 2298]]

take $80 billion away from Pennsylvania for health care.
  I would hope that if Representative Price were confirmed, he would 
abandon those reckless, extreme ideas to block-grant Medicaid because 
of the consequences for seniors, for children, and for individuals with 
disabilities.
  I don't have a chance to get too far into Medicare today. If I can, I 
will a little later. I will try to come back to some of the stories 
people have written to us about the impact of the Affordable Care Act 
on their lives.
  Let me quickly go through some points about Medicare. We know that in 
a State like ours, one of the oldest States in the country, about 2\1/
2\ million Pennsylvanians rely on Medicare to help them pay for health 
care costs. Thank goodness we have Medicare in place. What we would not 
want to have happen in Pennsylvania is the enactment--and as I said 
before with regard to Medicaid, now this is a live issue. You have 
Senators and House Members in both Chambers who have already voted for 
budgets that would do the following: change Medicare into a premium 
support program or a voucher program, which means basically you give 
seniors a fixed amount of money to buy their insurance and then say: 
Good luck buying your own insurance, buying your Medicare insurance.
  I don't think there are very many people in my home State who think 
that is a good idea.
  Of course, none of this has been on the table because these budget 
votes go by and people vote for the budget, and then it doesn't go any 
further, so no one feels the urgency to oppose it. Now we have, 
apparently, people in both Houses in agreement with President Trump to 
have him sign legislation which would change both Medicare and 
Medicaid.
  I think these are among the many reasons why I would vote against 
Representative Price in his confirmation vote. After a lot of review of 
his record, after a lot of review on what his proposals would mean if 
they were to become law--and now we are at a point in our history where 
these issues are no longer theoretical; they are live issues. These are 
matters that could be the subject not just of debate but the subject of 
enactment into law.
  I will try to return later to go through some other issues with 
regard to the nomination.
  At this time, I will yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. CASEY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CASEY. Mr. President, before I recommence my remarks, I see the 
senior Senator from Oklahoma, Mr. Inhofe. I want to make sure that if 
he is prepared to take the floor, I will yield.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Mr. President, I thank the Senator from Pennsylvania, and 
the answer is, yes, I am prepared.


                       Bilateral Trade Agreements

  Mr. President, President Trump is meeting this weekend with Japanese 
Prime Minister Abe, and so I want to take this opportunity to talk 
about the need for bilateral trade deals.
  We have heard during the campaign and since he has been elected 
President of the United States that Donald Trump has not been adverse 
to trade. He said he is for fair trade. I think that makes sense, that 
we should have it.
  I would like to talk about some of the problems that are there that I 
think he can correct that had not been corrected by the previous 
administration.
  Bilateral trade agreements with our key allies should be a priority 
for this Congress, and I look forward to working with the Trump 
administration to ensure that these agreements grow American exports, 
especially for our agriculture and our energy producers.
  For full disclosure, I must admit that my State of Oklahoma is a 
major ag State and also a major energy State.
  Of our many key allies, I want to highlight three opportunities for 
the United States to engage in bilateral trade agreements with three 
countries: Japan, Taiwan, and then many of the countries in Sub-Saharan 
Africa.
  Japan has the third largest economy in the world, but American 
farmers and ranchers are limited in their ability to access them, and 
this is why: They have very high tariffs on things we would want to 
export to Japan. At the same time, we are buying their automobiles. We 
are buying their products. And that is one of the typical examples of 
what I think our new President has been referring to. He wants to have 
the deals that benefit equally America and our partners. I think we can 
really do that.
  We should engage with Japan to develop bilateral trade agreements 
with a focus on providing new and commercially meaningful market access 
for agricultural exports and smoothing the way for increased energy 
exports. In particular, Oklahoma beef producers are chomping at the bit 
to get more access to the Japanese market.
  In addition to agriculture, my State is an energy State, as I 
mentioned, and Japan is a nation that is hungry for energy. In fact, 
Japan has accounted for 37 percent of global LNG purchases since 2012. 
LNG is liquefied natural gas. I am biased because we are a major 
producer in the State of Oklahoma. It is something they need, and they 
need to get it from someone. We ought to make this a bilateral 
arrangement. A trade agreement with Japan would streamline the current 
lengthy and pretty cumbersome process for LNG exports to Japan, 
ensuring that they have a reliable source of energy production and 
providing jobs to Oklahoma at home.
  In addition to Japan, Taiwan is a close friend and ally to the United 
States and our ninth largest trading partner. As I happen to be the 
chairman of the Taiwan Caucus, I know firsthand how important it is to 
strengthen the U.S.-Taiwan relationship, which we can do by engaging in 
direct bilateral trade agreement negotiations with that country. There 
is no reason for us not to.
  I believe that a key component of any trade agreement, including with 
Taiwan, is an effort to ensure that food safety and animal health 
regulations are aligned and based on science to ensure that any 
differences do not become non-tariff trade barriers. This would enable 
us to directly address the ban Taiwan has against U.S. pork because we 
use an ingredient called ractopamine in our feed to keep the hogs lean. 
It is perfectly safe, but Taiwan uses that as an excuse to block 
imports of our pork to their country. This is an issue I have already 
brought up with the Trump administration and with Wilbur Ross, who is 
waiting for confirmation as the next Secretary of Commerce. That is why 
we need bilateral trade agreements with Japan and Taiwan.
  Our trade relations with counties in Africa are also important 
because, according to the Economist magazine, six of the world's 
fastest growing economies were in Sub-Saharan Africa from the year 2000 
to 2010. For too long Sub-Saharan Africa has been ignored as a trading 
partner for the American Government. In fact, they pretty much have 
been ignored anyway.
  I can remember when the continent of Africa was in three different 
commands. They had the Pacific Command, European Command, and Central 
Command. For this continent with its significance, I was somewhat 
instrumental in changing that, in establishing a new command, which is 
called the AFRICOM. The same thing has been true in terms of not using 
it as a trading partner.
  For the last 20 years, I have been--I think I made my 144th African 
country visit--working with that continent, and I have seen firsthand 
the vast potential that is there. When they say their economies are 
growing--and a lot of times they say ``Well, we are not interested in 
doing that'' because they are not large enough yet.
  Last year, Congress enacted my ``Africa Free Trade Initiative Act,'' 
which requires government agencies--the USTR, USAID, and other 
agencies--to collaborate on efforts to build trade-

[[Page 2299]]

based capacity in African nations. This is a step in the right 
direction for America to partner with and secure deeper ties to the 
fastest growing economies in Sub-Saharan Africa.
  While some in our government may not deem Sub-Saharan African 
countries ready for deeper collaborations on trade with the United 
States, let me tell you what is going to happen if we don't. We still 
have this country called China. Right now, China has become very active 
in Africa. What you hear in Africa is, America will tell you what you 
need, but China builds what you need. The problem with that is, that 
doesn't help Africa, and Africans know this, because China imports 
their own labor to build all these things.
  So this is one of the things we are looking at where we can actually 
come out ahead if we will get in on the ground floor and get involved 
with these economically active countries. And we need to focus more on 
building trade in legal capacities so that they are ready to do trade 
agreements, and when that time comes, they will be doing it with us and 
helping their economies grow. That is what our economic assistance 
should be all about. They grow, and we are going to grow with them.
  That is a go of what was enacted in last year's African Free Trade 
Initiative Act, and I will continue my work with the new administration 
to ensure that African nations are not left behind.
  With China's rising economic might, we need to strengthen America's 
current relationships with some of our strongest Asian allies, such as 
Japan and Taiwan, with new bilateral trade agreements, and this will 
help counter China's growing influence if that region too.
  Oklahoma farmers, ranchers, energy producers, and manufacturers need 
competitive access to international markets to sell Oklahoma-grown and 
Oklahoma-produced products. New agreements with our allies would 
generate more economic activity and create jobs not just in Oklahoma 
but throughout America.
  I think this is the thing that the new administration is talking 
about when he says we need to have--there is no justification for 
arrangements where we are not able to have a comparable tariff 
arrangement where the countries can trade with each other, and that is 
what we anticipate doing.
  Let me mention one other thing. I know that the Senators on the other 
side of the aisle are spending a lot of time blocking or trying to 
block the nominations by this President. Every once in a while, I have 
to get on the floor and remind them that it is not going to work. You 
know they are all going to be confirmed. The votes are there, and you 
can say anything you want about some of the fine people who have been 
nominated by this President.
  I was privileged to visit with President Trump in Trump Tower before 
he was President. I can remember going up there to visit and seeing the 
people who would be advisers and the types of people he was going to be 
nominating, and it was very impressive. Now we have gone through a 
situation where the Democrats in the Senate have stalled these 
nominations. They stalled them longer than they have ever been stalled 
in the history of America, going all the way back to George Washington. 
All we are doing is wasting time that we could be acting productively 
in correcting some of the problems we have in this country.


                             Overregulation

  There is another issue. I was fortunate enough to spend several years 
as the chairman and ranking member of a committee in Congress called 
the Environment and Public Works Committee. It has a very large 
jurisdiction. It is a committee that deals with--as the title infers--
environment and public works, environmental and some of the 
overregulation that we have had, and created real serious problems.
  Also, we have been successful in passing a lot of the initiatives, 
such as the FAST Act. That was the largest transportation 
reauthorization bill since 1998. So we have done a lot of good things 
there.
  One of the problems we have had--that we dealt with in that committee 
and will continue to under the chairmanship of Senator Barrasso--is 
doing something about the overregulation. This has been a problem, 
serious problem. In 2\1/2\ months between the Presidential election and 
Inauguration Day, the Obama administration produced over 200 
rulemakings; 41 of which are considered economically significant rules, 
rules that would result in $100 million or more in annual costs. Over 
the course of his administration, President Obama added 481 
economically significant regulations to the Federal registry, over 100 
more than the Bush or the Clinton administration.
  Regulations cost our citizens, at the current time, $1.89 trillion a 
year and more than 580 million hours of paperwork in order to comply 
with this staggering amount of rules. People don't realize the cost of 
rules. When they made such an effort, starting way back in 2002, to 
pass legislation that was aimed at trying to get into some type of an 
arrangement on global warming--and all of this to restrict emissions--
they didn't realize at that time, until the bills got on the floor, 
that the cost to such cap and trade--a type of regulation--is between 
$300 and $400 billion a year to the American people.
  Every time I see a large figure coming from Oklahoma--I get the 
latest figures from Oklahoma, in terms of what has happened 
economically in the previous year--those regulations would cost the 
average family who pays Federal income tax in my State of Oklahoma an 
addition of $3,000 a year, and by their own admission, it wouldn't 
accomplish anything.
  I can remember as chairman of that committee, we had Lisa Jackson. 
Lisa Jackson was the Administrator of the EPA, the first one that 
President Obama had appointed. I asked her the question live on TV, in 
an open meeting, I said: If we were to pass, either by regulation or by 
legislation, the cap-and-trade legislation that they are talking about 
passing, and have been talking about, would this reduce CO2 
emissions worldwide? Her answer: No, it wouldn't because this isn't 
where the problem is. If it is not going to accomplish something, even 
if you believe the world is coming to an end because of fossil fuels, 
doing something in the United States is not going to correct it. But 
that is the cost of rules. That is what we are looking at right now.
  We went through 481 significant regulations during the Obama 
administration. At the last minute, after President Obama realized that 
Hillary Clinton was not going to win, he got involved in what we refer 
to as ``midnight regulations.'' He had several of these last-minute 
regulations he was trying to get in after the election took place--and 
he knew who was going to be the next President--before the next 
President took office. One such midnight regulation, finalized January 
13, is the Environmental Protection Agency's rule entitled ``Accidental 
Release Prevention Requirements for Risk Management Programs Under the 
Clean Air Act.'' EPA states that the purpose of the updated rule ``is 
to improve safety in facilities that use and distribute hazardous 
chemicals.'' As you can imagine, environmentalists will not be happy if 
this rule is changed, but I argue this rule does not make facilities or 
surrounding communities safer. In fact, it could put them at greater 
risk.
  There are several concerns with this rule, but the biggest one is the 
national security implications due to the rule's public disclosure 
requirements. Under this rule, facilities are required to share 
information on the types of chemicals stored there and the security 
vulnerabilities with emergency responders, and upon request, to the 
general public. The rule does not provide for the protection of this 
information from further disclosure once it is provided. It is well 
known that terrorists have considered attacks on chemical facilities as 
a way to kill citizens and cause mass destruction in our communities, 
and of course requiring the disclosure of this information to anyone 
whose asks is very reckless and impossible to understand. We can't 
figure out why they would do that. The terrorists would have access to 
the same information, which would make their job a lot easier.

[[Page 2300]]

  Congress has passed several bills to protect just this kind of 
information. I was even the author of one of these bills. Under the 
Chemical Safety Information, Site Security and Fuels Regulatory Relief 
Act of 1999, the distribution of sensitive information from chemical 
facilities is limited to publicly available Federal reading rooms and 
certain Federal, State and local officials and researchers who are then 
barred from further disseminating the information. This makes sense. We 
need local officials to know what they should do in the event there is 
a problem, but our enemies should not be able to get this information. 
It is fine, except you don't want to give it to our enemies, those who 
are in the terrorist community.
  The new rule by the EPA does not provide any of these protections to 
the information now required to be shared upon request, to include 
audit reports, exercise schedules and summaries, emergency response 
details--all of which would provide those intent on criminal acts with 
a blueprint of facility and emergency response vulnerabilities. This is 
exactly what they want to perform their terrorist activities. The 
requirement does not make these facilities safer but actually increases 
the chance of harm to be done to them.
  The sole reason this rule was updated by the Obama administration 
stems from the West, TX, chemical plant explosion of 2013. Yet this 
rule on accidental release prevention would do nothing to prevent 
another West, TX, because that explosion and fire was intentional. It 
was an act of arson. The Obama administration used this tragedy that 
took 15 lives as an excuse to make these facilities and surrounding 
communities less safe, and it doesn't make sense, unless you look at 
what else the rule does.
  This rule is the first step in EPA expanding its authority under the 
Clean Air Act to mandate how chemicals are manufactured and used. We 
just passed a bill, on a bipartisan basis, that takes care of this 
problem. You don't have to worry about that anymore. The EPA is 
requiring paper, petroleum, coal, and chemical manufacturing industries 
to conduct safer technology and alternative analysis, STAA, as part of 
their process hazard analysis. In conducting this STAA, these 
industries must consider what they call inherently safer technologies, 
IST, or inherently safer designs, ISD. This sounds good, but it is 
something that is so ambiguous nobody knows what the real definition 
is.
  While the rule stops short of requiring EPA's approval of these STAAs 
or requiring the implementation of IST and ISDs, it is only a matter of 
time before the environmental groups begin to litigate the issue and 
act as escorts to force EPA to mandate these majors. This is the 
proverbial camel's nose under the tent. Industry will tell you that the 
best time to assess inherently safer technologies and designs is during 
the initial design phase.
  Furthermore, industries are constantly evaluating their processes and 
making changes at the margins based on what works best for the products 
and customers. Allowing the EPA to become a part of that conversation 
adds a third party to the question that does not care about the 
company, the product or the consumers. The inherent safety of a 
technology or design is a relative standard. What might be safer in one 
company or product, does not mean it is going to be safer within a 
process that is completely different and in a different company.
  For example, it may be inherently safe to store or use less of a 
hazardous material, but that would likely increase the number of 
shutdowns and startups due to not having enough materials on hand. 
Research shows that the shutting down and restarting of a chemical 
process poses a greater risk than continuous operation would.
  Additionally, you would increase deliveries and movement of hazardous 
material throughout the surrounding communities, shifting the risk 
elsewhere. How can we say definitely that is safer? As you can see, 
there is no definitive answer to what would be inherently safer. It is 
an ambiguous term. It means it is very difficult to define.
  Allowing the EPA's foot in the door on this would only lead to a 
heavier hand mandate that would hurt industries, consumers, jobs, and 
ultimately the valued public. This rule is promulgated on the premise 
of preventing another West, TX, tragedy, but this rule does nothing to 
protect facilities from intentional actions of a criminal or a 
terrorist and in fact would actually be in a position to aid them in 
their quest to do us harm.
  I only outlined a couple of the many concerns this rule creates. I 
believe we should take a look at what this actually does.
  It is not just this rule. As I said, President Obama went in at the 
last minute and did these midnight rules. This is one of the things we 
can look forward to doing away with, some of the overregulation that 
has cost Americans so much over the last 8 years.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. CASEY. Mr. President, let me pick up from where I left off 
earlier in my discussion of some of the issues that Representative 
Price, the nominee to lead the Department of Health and Human Services, 
advocated for as a Member of the House, as a leader on the Budget 
Committee. These are issues I continue to be concerned about with 
regard to his nomination.
  With regard to Medicare--I left off with a few comments about 
Medicare. Here are some of the concerns that have been stressed by 
major senior organizations with regard to some of the Medicare 
proposals in Washington.
  In a letter to President Trump, AARP CEO Jo Ann Jenkins said:

       The average senior, with an annual income of under $25,000 
     and already spending one out of every six dollars on health 
     care, counts on Social Security for the majority of their 
     income and on Medicare for access to affordable health 
     coverage.
       Unfortunately, some congressional leaders have discussed 
     plans to use the health care debate to fundamentally change 
     the Medicare program and undermine the contract made with 
     generations of Americans.
       Proposals creating a defined contribution premium-support 
     program; restricting access by raising the age of 
     eligibility; or allowing hospitals and providers to 
     arbitrarily charge customers higher prices than Medicare; all 
     betray the promise made to older Americans who have paid into 
     Medicare their entire working lives.

  She goes on to say:

       Indeed, these proposals do little to actually lower the 
     cost of health care. Rather, they simply shift costs from 
     Medicare onto individuals--many of whom cannot afford to pay 
     more for their care.

  So says the leader of AARP.
  So that is one of the reasons why the proposals that Representative 
Price has supported become front-and-center concerns in his nomination. 
I will move next to a consideration of Representative Price's record on 
the Patient Protection and Affordable Care Act. If you go back to 2009, 
before we passed the Patient Protection and Affordable Care Act, over 
50 million Americans were uninsured in 2009. People with any sort of 
medical condition were routinely denied health insurance or they were 
charged exorbitant rates because of their health history. Women were 
routinely charged more than men for their health insurance. Third, sick 
individuals were routinely dropped from their health care coverage 
because they had reached arbitrary caps on the amount of care an 
insurer would pay for in a given year. Of course, in 2010, the 
Affordable Care Act was passed.
  Now we can say that 20 million Americans have health care coverage, 
and that includes 1 million more Pennsylvanians who have health care 
coverage because of that legislation. And 105 million Americans are 
protected from discrimination due to preexisting conditions. Over 9 
million Americans are receiving tax credits to help them cover health 
insurance premiums, and 11 million seniors have saved over $23 billion 
from closing the Medicare Part D prescription drug plan doughnut hole. 
Pennsylvania hospitals, because of the Affordable Care Act, have saved 
over $680 million due to reductions in uncompensated care.
  I would add to this that all those Americans, by one estimate as many 
as 156 million Americans--there is another estimate that is even higher 
than that; but at least 156 million Americans--with employer-sponsored 
coverage have a long list of protections

[[Page 2301]]

against being denied coverage for a preexisting condition, against 
annual or lifetime limits, against discrimination against women because 
they happen to be women.
  All of those protections are in place now for more than 156 million 
Americans because of the Affordable Care Act. Yet, despite all of those 
gains that have been realized in only a few short years, Representative 
Tom Price opposes the law.
  In fact, he wants to repeal it. Rather than working with us to 
improve it, he has proposed a replacement that would strip away many of 
those critical protections. Again, they are not only protections for 
people who are newly insured but protections that are in place now that 
were not there for more than 156 million Americans with employer-
sponsored coverage.
  So I get letters from constituents concerned about his record or 
concerned about the direction that he would take the Department of 
Health and Human Services or the direction that the Trump 
administration would go. Now apparently, after the election, after 
inauguration day, the administration is supporting block-granting of 
Medicaid and supporting changing Medicare as we know it.
  That is why we get letters from individuals across our State. I 
mentioned before that we have 48 rural counties in Pennsylvania. There 
are a lot of people--literally, several million people; 3.5 million by 
one estimate--living in rural counties in Pennsylvania, in rural 
communities.
  I have a letter from Rebecca. That was one of the names I outlined at 
the beginning of my remarks earlier today. Here is what Rebecca said:
  The Affordable Care Act allowed my husband to join me on the dairy 
farm where I worked for 8 years and am co-owner of the herd. Over the 
past 3 years, we have straightened out our finances and have gotten our 
student loan debt under control. Third, we have opened an IRA to plan 
for our retirement.
  We live in a small trailer. We own one car. We shop at discount 
grocery stores and local Mennonite food stands. We have worked hard for 
financial stability. Over the past year we have begun discussions about 
having a child and starting our own business. Threats to the ACA are 
threats to our future, Senator, and to the future of small businesses, 
agriculture, and families.
  She goes on from there to tell her story.
  So that is Rebecca, who has some experience, not just in rural 
Pennsylvania but experience as a dairy farmer, trying to start a 
family, and trying to start even more of a business career. So that is 
another example of what we are hearing from people across Pennsylvania.
  I mentioned at the beginning of my remarks Hannah and Madeline. 
Hannah and Madeline are the daughters of Stacie Ritter. She is from 
Manheim, PA. She is the mom of four children, including Hannah and 
Madeline. They happen to be twins. I met them way back, I guess, in 
2009. At the time Hannah and Madeline were diagnosed with a rare and 
dangerous type of leukemia when they were just 4 years old.
  Stacie and her husband went bankrupt trying to pay their daughters' 
medical bills. She wrote to me at that time--just around 2009--saying 
that, without health care reform ``my girls will be unable to afford 
care, that is if they are eligible, for care that is critically 
necessary to maintain this chronic condition. Punished and rejected 
because they had the misfortune of developing cancer as a child.''
  So said Stacie Ritter about her daughters, pleading with me at the 
time, as the Senator who would vote on the Affordable Care Act. I just 
met with Stacie again. She is very glad that we passed the Affordable 
Care Act so that her daughters could have the health care that they 
need. Fortunately, this story has a happy ending. Hannah and Madeline 
are healthy young women now. They are freshmen at Arcadia University, 
and they are doing well. The Affordable Care Act protects them by 
ensuring they will have access to affordable coverage, whether on their 
parent's plan or on a plan on the individual market.
  So when we talk about that legislation, when we talk about Medicaid, 
when we talk about Medicare--all of those issues--one of my basic 
points is that Representative Price, were he to be Health and Human 
Services Secretary Price, has to have an answer for those 
Pennsylvanians. He can ignore the questions of Members of Congress, and 
sometimes he has done that. We don't have time to get into that today, 
but he has done that in the confirmation process.
  But he has to have an answer for Stacie Ritter. He has to have an 
answer for her daughters Madeline and Hannah. He cannot ignore them and 
their health care needs. He has to have an answer for Rebecca, who is 
worried about what will happen to her, whether she will still be able 
to have a dairy farm, whether she will be able to have a family. He has 
to have an answer for Rebecca in Pennsylvania.
  He also has to have an answer for the two families whom I cited at 
the beginning--for Anthony and Rowan's family, two young boys on the 
autism spectrum who need the services of Medicaid.
  So this is not theory any longer. This is not some idea that is 
floating around Washington. These are real lives that will be destroyed 
by some of these proposals. So if you block-grant Medicaid, you are 
going to destroy a lot of lives. If you change Medicare as we know it, 
and turn it into a voucher program, ripping away the guaranteed benefit 
of Medicare, you are going to hurt a lot of people. If you choose to 
vote for a repeal of the Affordable Care Act and you have no plan to 
replace it--after 7 years of complaining about it, criticizing it, and 
finger-pointing, and you don't have a replacement for it--you are going 
to hurt a lot of lives.
  So this is not some debate that is not connected directly to people's 
lives. This is real life for those families. I have real concerns about 
them if Representative Price's view of the world or his proposals that 
he advocated for vigorously in the House of Representatives were to 
become law. Apparently, now his ideas have been embraced totally by the 
Trump administration.
  Let me finish with this one point about Representative Price. There 
are questions that remain surrounding Representative Price's stock 
deals. He told both the Finance and HELP Committees that the discounted 
shares of Innate Immunotherapeutics that he was able to purchase were 
available to every individual who was an investor.
  But the Wall Street Journal reported not too long ago the following. 
I will just read one line from the story. The headline says:

       Rep. Tom Price Got Privileged, Discounted Offer on 
     Biomedical Stock, Company Says.

  Here is what it says in the third paragraph:

       In fact, the cabinet nominee was one of fewer than 20 U.S. 
     investors who were invited last year to buy discounted shares 
     of the company--an opportunity that, for Mr. Price, arose 
     from an invitation from a company director and a fellow 
     Congressman.

  So says the Wall Street Journal story of earlier this month. So that 
is on the public record, based upon what the Wall Street Journal 
reported.
  I, at the time, joined other Democrats on the Finance Committee to 
try and get this clarified. That request was denied. When we talk about 
the constitutional obligations to advise and consent--the Senate 
advising and consenting with regard to Cabinet nominations--we are not 
talking about a rubberstamp. We are not talking about some kind of 
automatic approval. We are talking about scrutiny, review, and getting 
answers to questions and having a long debate about someone's 
qualifications.
  When you don't get clarified issues that have been raised and 
validated by news organization like the Wall Street Journal, I think we 
have more questions to have answered. It is a constitutional 
requirement--advise and consent--that needs to be honored.
  For these and many reasons, I remain opposed to the nomination of 
Representative Price to be the next Secretary of Health and Human 
Services.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Delaware.

[[Page 2302]]


  Mr. CARPER. Mr. President, I rise today to talk for a few minutes 
about the nomination of our congressional colleague, Congressman Tom 
Price, also known as Dr. Tom Price, to serve as our next Secretary for 
the Department of Health and Human Services. When Senator Tester 
arrives on the floor, I will yield to him. I know he has reserved time. 
I will be happy to yield to him when he arrives.
  But until then, I just want to make a couple of comments, if I could.
  From the outset, my colleagues--our colleagues and I; not all, but a 
number of us--have had concerns, in some cases very grave concerns, 
about many of President Trump's nominees. Having said that, a number of 
them have gotten overwhelming support from both Democrats and 
Republicans. I checked as of sometime yesterday afternoon. There had 
been seven votes on nominees at that time. I think four of them had 
gotten overwhelming bipartisan support; three did not.
  But from the outset, my colleagues and I have had grave concerns 
about many of President Trump's nominees. But we have a responsibility, 
I believe, to thoroughly consider every Cabinet nominee on the merits 
of his or her fitness to serve.
  To evaluate Congressman Price's nomination, I looked--and a number of 
us have looked--at his career in the U.S. House of Representative, 
which I believe spans some six terms, which would be somewhere between 
10 and 12 years. We did that in order to learn more about his guiding 
principles as a legislator.
  All of us have guiding principles. I know the Presiding Officer, who 
has shared with me his guiding principles any number of times, but mine 
include trying to figure out what is the right thing to do--not the 
easy or expedient thing, but what is the right thing to do; to treat 
other people the way we want to be treated; three, to focus on 
excellence in everything we do. If it is not perfect, make it better. 
Four, when you know you are right, you are sure you are right, just 
don't give up. Those are sort of my guiding principles. I sometimes 
violate one or more every week. But I always know that I have them, and 
it is actually helpful to have sort of a compass to get me back on 
track.
  But we wanted to learn more about the guiding principles for 
Congressman Price as we considered his nomination, his core values. 
During Congressman Price's time in the U.S. House of Representatives, 
he spearheaded efforts to dismantle the Affordable Care Act, which I 
regard as landmark health legislation that has provided 22 million 
Americans, including about 35,000 Delawareans with affordable, 
reliable, and comprehensive health insurance coverage.
  Some people say: Well, is it perfect? No, it is not. No, it is not.
  Well, I guess ever since Harry Truman was President, you had one 
President after the other, one administration after the other, 
bemoaning the fact that we had so many Americans who didn't have access 
to health care coverage.
  So the question would be: Well, why don't you do something about it?
  One of the things that we have done about it is to finally pass the 
Affordable Care Act, and I will talk more about that in a little bit.
  Congressman Price has opposed the Affordable Care Act from day one, 
leading his colleagues in the House of Representatives to obstruct and 
sometimes undermine, first, the drafting of the law and, then, its 
implementation.
  Instead of working with colleagues from both parties to offer 
improvements to the new law, he rallied against the need for essential 
benefits, such as contraception or mental health treatment or, frankly, 
access to medical procedures like colonoscopies, mammographies, 
prostate screenings--the kinds of things that, for individuals who are 
at risk of having colon cancer or breast cancer, if they had access to 
those kinds of screenings, could be detected earlier, with a lot of 
money saved, a lot of misery saved or avoided. In some cases, a loss of 
life is avoided as well.
  Congressman Price introduced proposals to repeal the Affordable Care 
Act, doubling down high deductible plans and high-risk pools, which 
have a failed history of inadequate funding, waiting lists, and annual 
or lifetime limits.
  Over the past few months, our Republican colleagues have said loud 
and clear that they will repeal the Affordable Care Act, and Candidate 
Trump certainly said that many times during the campaign. When he was 
elected, he said that one of his major goals was to repeal the 
Affordable Care Act. When he became President, it was the same message. 
But at the same time, we have heard from stakeholders across the health 
care sector about what will happen if the Affordable Care Act is 
repealed without a replacement. Plain and simple, doing nothing would 
unfurl chaos across the health care delivery system. The individual 
market, the marketplaces, the exchanges would collapse. Estimates 
project that more than 32 million Americans would become uninsured over 
the next decade. Health insurance premiums in the individual market 
would skyrocket, increasing by up to 25 percent immediately and 
doubling again by 2026.
  From what I can tell, the cause to which Mr. Price has dedicated 
himself--and that is, repealing the Affordable Care Act with no plan to 
take its place--would devastate people's lives and our economy.
  As we prepare to vote on his nomination, I think it is appropriate to 
remind our colleagues how we got here and the hard work that we did to 
approve a health care reform bill that is helping millions of people 
today.
  I have a couple of charts that I would like for us to take a look at. 
We have on the right of this chart the United States of America, and on 
the left, we have Japan, a place I used to fly in and out of a lot when 
I was a naval flight officer during the Cold War.
  One of the things that we learned a few years ago--6, 7, or 8 years 
ago--when we were debating what to do, if anything, in the last 
administration about extending health care coverage to a lot of 
Americans who didn't have it, we looked at countries around the world 
in the Finance Committee to see who was doing a better job and who was 
not. Among the interesting things that we found out about Japan was 
that they were spending about 8 percent of gross domestic product to 
provide health care coverage to the folks in their country--8 percent. 
In the United States, at the time, we were spending 18 percent of gross 
domestic product, more than twice of what they were spending in Japan.
  Think about it: 8 percent of GDP to provide coverage and 18 percent 
of GDP in the United States.
  You might say: Well, maybe that is because we were covering a lot 
more people in the United States than they cover in Japan. Well, as it 
turns out, just the opposite is true, because not only do they spend in 
Japan like half as much as a percentage of GDP as we do, but they 
actually get better results, lower rates of infant mortality, higher 
rates of longevity among adults, and they cover everybody. They cover 
everybody.
  When the Affordable Care Act was adopted, we had somewhere between 40 
and 50 million Americans who would go to bed at night without any 
health care coverage at all.
  I like to say the Japanese are smart people, and they are good allies 
of ours, good customers of ours. They can't be that smart, and we 
cannot be that dumb.
  So as we were going through the debate on the Affordable Care Act in 
the Finance Committee about 6 or 7 years ago, one of the things we did 
is to say: Well, let's look at some other countries and see if they are 
doing something that maybe we could learn from and maybe we could take 
to heart and sort of reshape our health care delivery system with that 
in mind.
  One of the things they do really well in Japan is they provide good 
access to primary health care. If you happen to live in Japan, you 
don't have to go very far in your neighborhood to find a health care 
provider. It might be maybe someone like an RN, or it might be 
something like an advanced practice nurse and maybe a primary care doc, 
but they have easy access to primary health care.

[[Page 2303]]

  What they like to do in Japan is to define problems and to address 
problems when they are small and when they can be treated. They focus a 
whole lot on prevention and wellness. That is a great lesson. If you 
look at the Affordable Care Act, that is a lesson that we learned and 
incorporated into that legislation.
  The heading on this chart is this: The Affordable Care Act is a 
Republican plan. Surprise. Why do I say that? Well, when you go back to 
1993, we had a new President, Bill Clinton, and a new First Lady, 
Hillary Clinton. She basically felt--and I think her husband did, too--
that every President, every administration since maybe Truman, had been 
talking about the need to try to make sure a lot more Americans had 
access to health care--quality health care--but nobody could actually 
figure out how to do it.
  So Hillary Clinton began working in 1993 on health care, and people 
eventually called it HillaryCare--HillaryCare. If my life depended on 
it, I could not explain the elements of HillaryCare, but I could 
explain the elements of the Republican alternative that was offered to 
it. It was introduced by a fellow named John Chafee, a Republican 
Senator from the State of Rhode Island, and it had a number of elements 
to it. So I just want to mention these five elements that were found in 
the Republican alternative in 1993 to HillaryCare.
  Senator Chafee's bill is the column right here. The next column over 
is called RomneyCare--right here. Farthest from me--my left, your 
right--is the Affordable Care Act.
  We will look at five different components. As to individual mandate, 
which of these proposals had the individual mandate and which did not? 
As to employer mandate, which of these proposals included the employer 
mandate and which did not?
  There is the ban on preexisting conditions--the idea that insurance 
companies could not say: Oh, because you had breast cancer, because you 
had this or that--patient or health care--if someone needs health care 
but they have preexisting conditions, insurance companies can't say you 
can't get coverage because there was a ban included on that.
  As to subsidies for purchasing health insurance, which of these had 
it and which did not?
  And we are going to look at the idea of--we will call them 
exchanges--purchasing in bulk.
  When we were debating the Affordable Care Act, people would say: Why 
do you want to do this?
  I would say: Well, look at the Federal Government. In the Federal 
Government, you have the legislative branch, the executive branch, and 
the judicial branch. If folks work as full-time employees, they can get 
access to health care. We get our coverage usually through private 
insurers. The Federal Government provides about 70 percent of the 
premium costs; the individuals provide about 30 percent of the premium 
cost. It is a large purchasing pool because we have over a million 
people in the Federal Government purchasing pool. We don't get free or 
cheap insurance, but it helps drive down the cost because you are 
buying health care coverage for a lot of people.
  Somebody had a bright idea in 1993--John Chafee, I think, and the 
folks working with him, 20 Republican Senators and 3 Democrats, who 
said maybe we ought to give folks who don't have health care coverage 
the opportunity to buy their coverage in large group plans, much like 
we have in the Federal Government.
  I will just hit the pause button right there and stop my remarks for 
now and yield the floor to the Senator from Montana.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. TESTER. Mr. President, I want to thank the Senator from Delaware, 
and I also want to thank the Senator from Georgia, who has about the 
same length speech as I have here--short and sweet.
  Mr. President, I rise today on behalf of thousands of Montanans who 
have reached out to me in opposition to the nomination of Congressman 
Tom Price to lead the Department of Health and Human Services.
  Health care in this country is a very complex thing. It has many 
moving parts. It impacts patients, doctors, nurses, hospitals, 
families, and rural communities in Montana and across this country.
  Recently, I traveled across Montana, speaking with folks from most of 
the 60 hospitals that we have in Montana. There is no doubt our health 
care system has some problems. Costs are rising, and families are being 
priced out of health care. There is no doubt about it--not all but 
some. But these problems to be solved require thoughtful, responsible 
solutions. These problems require folks to put politics aside and work 
together for the health of our country and for rural America and for 
our next generation.
  Over the years and throughout this confirmation process, Congressman 
Price has shown that he is not equipped for this vital and formidable 
job. Health care in this country is too important to turn over to a man 
who wants to reverse the progress, cut up the safety net, and rip away 
the health care that our seniors have earned.
  Everyone in this body knows that we have work to do to fix the 
Affordable Care Act, but each and every Senator also knows that the ACA 
has expanded coverage for millions of Americans, improved rural 
America's ability to recruit and retain health care workers, and moved 
us closer to closing the Medicare doughnut hole. We cannot make any of 
these improvements if we do what Congressman Price has promised and 
repeal the ACA, especially without a single plan to replace it. I would 
tell you, if one exists, I would love to hear it, and I would love to 
hear it today.
  So I want to work to fix the problems with the ACA, not send us back 
to a time when folks couldn't afford to get sick or couldn't change 
jobs due to preexisting conditions.
  Don't take my word for it. Joseph from Missoula wrote to me and said:

       I am a practicing cardiologist in Missoula. I am adamantly 
     opposed to the nominee, Congressman Price. His approach takes 
     us back to the 1980s, ignores the reality of life for a large 
     portion of our population, and is inconsistent with our 
     obligation to care for the least of our brothers.

  Joseph knows Montana cannot afford to go back to the old system. But 
Congressman Price has indicated that is exactly what he wants to do.
  In his confirmation hearing, when Congressman Price was pressed about 
President Trump's replacement plan, he played it off with a joke to a 
laughing audience.
  The health care of the American people is no laughing matter. We need 
a serious plan to address rising premiums and deductibles, but 
Congressman Price and President Trump have come up empty. In fact, 
Congressman Price's plan to repeal the ACA without a replacement is a 
serious threat to the health of our country.
  But the Congressman's attack on our health care system does not end 
with dismantling the ACA. He wants to take a chainsaw to the safety net 
that helps our hardworking, low-income families stay afloat.
  Last year in Montana, under the leadership of Gov. Steve Bullock, the 
Montana Legislature worked across party lines to expand Medicaid to 
thousands of Montanans, giving folks coverage for the first time in 
their lives. A man in Butte, MT, looked me in the eye, and he told me 
that because of Medicaid expansion--listen to this--for the first time 
in his life, he was able to go see a doctor, get his diabetes under 
control, and ultimately find full-time employment. Because of Medicaid 
expansion, this man was finally able to provide for his family.
  Congressman Price's proposals will rip that coverage away from that 
man and make it more difficult for others to use Medicaid as well. His 
plan to block-grant Medicaid will do exactly that, and I have heard 
from health care providers from across our great State that this will 
cripple rural America.
  In Montana, with the expansion of the Affordable Care Act and 
Medicaid, it has created hundreds of jobs in the health care industry, 
and we can't afford to let those jobs go away. Rural

[[Page 2304]]

America cannot afford Congressman Price's reckless plan--or lack of 
plan--to replace the ACA.
  But Montana's working poor aren't the only ones threatened by 
Congressman Price. Our senior citizens often fall into the crosshairs 
of Congressman Price's irresponsible battle with the Affordable Care 
Act.
  President Trump campaigned on protecting Medicare for seniors, and I 
am with him on that one.
  If Congressman Price had his way, Medicare, as we know it, would 
cease to exist. He has supported budgets that would turn Medicare into 
a voucher system and cut the program by nearly $500 billion. 
Congressman Price's plan moves more of the burden of health costs onto 
our seniors.
  Under Congressman Price's plan, a senior in Glasgow, MT, who is 
struggling with dementia would receive a fixed amount of money and 
would be expected to go out, shop for insurance, and buy a private 
insurance plan. A couple retired in Whitefish would be forced to spend 
less time enjoying their final years together in order to comparison 
shop and wrangle with insurance companies--not really how most of us 
would envision retirement. A farmer from Fort Benton, who has given his 
blood, sweat, and tears to feed our country would be hanging up his 
dirty baseball cap for the last time and will have to worry about 
finding extra money in his savings to cover higher premiums and out-of-
pocket costs.
  Does that sound like a fair way to treat our seniors? I think not.
  America's seniors have earned their Medicare over a lifetime of hard 
work, and because most of them live on fixed incomes, they can't afford 
to see it privatized. We cannot allow this administration to gamble 
with our seniors' future and their health care.
  Ann from Stevensville agrees. She wrote to me and said:

       Please do not support anybody wanting to privatize 
     Medicare. No to Tom Price.

  But that is not all. Congressman Price's track record of fighting 
against affordable health care for all Americans is disturbing. 
Throughout his confirmation process, a disturbing pattern has emerged.
  Congressman Price has spent his 12 years in Congress pushing 
legislation that would make health care less accessible for the poorest 
among us and enrich himself by corporate special interests. In 2016, 
Congressman Price used an exclusive sale of discounted stock of a 
foreign biotech company to line his own pockets. Now he is nominated to 
lead the agency that would directly impact this company.
  Congressman Price underreported his holdings in this company by as 
much as $200,000. Now, I know $200,000 may not seem like a lot to some 
folks, but I am going to tell you, to this Montana farmer and to 
farmers across this country, we would remember if we had $200,000 or so 
invested in a company.
  He introduced legislation to lower the tax bills of three 
pharmaceutical companies that he personally held investments in. CNN 
reported that during his time in the House, Congressman Price invested 
in a company and then 1 week later, introduced legislation to delay 
regulations that would have hurt that company's bottom-line profits.
  Patients, nurses, doctors, and hospital administrators got a raw deal 
while Congressman Price and his corporate special interests got richer 
and richer.
  As an elected official, as a potential Secretary, you are held to a 
high ethical standard. Congressman Price failed to reach that standard.
  President Trump pledged to drain the swamp. Congressman Price's 
record shows that he swam with the alligators for a while.
  It is clear to me that Congressman Price's priorities put him at odds 
with the fundamental job of HHS Secretary.
  Congressman Price's record is not one of expanding access to 
affordable care, increasing coverage to rural America, and protecting 
the Medicare that our seniors have earned. The legislation that he has 
carried in the House enriched himself and the companies he has invested 
in.
  I think Elaine from Lolo, MT, said it best when she wrote to me and 
said this:

       I believe we should be expanding health care coverage for 
     Americans, not making it more difficult to access and afford.
       Price wants to scale back Medicare and Medicaid, is out of 
     touch with the realities of the challenges and needs for 
     reproductive freedom and safety, and has financial conflicts 
     of interest that would potentially skew his judgment.
       A better choice should be demanded for the person who will 
     lead Health and Human Services to ensure our country has the 
     best possible healthcare and service support for the needs 
     for all humans, not just those in line with Rep. Price's 
     interests.
       I urge you to vote no on Price's appointment. I will be 
     watching the vote closely. Thank you.

  Well, I couldn't have said it better myself, and I would encourage my 
colleagues to vote no for Elaine, for Montana seniors, for Montana 
families. Well, they are all going to be watching closely.
  I would encourage a ``no'' vote on Congressman Price.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Cassidy). The Senator from Georgia.
  Mr. ISAKSON. Mr. President, I ask unanimous consent that these 
answers to four questions that have been raised in the last few days in 
the media be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

 Four Examples of the Liberal Character Assassination of Dr. Tom Price

       Even the great Perry Mason would be stumped by this one. 
     Democrats, with the help of an eager media, have attempted a 
     character assassination of Rep. Tom Price, M.D., President 
     Trump's nominee for Secretary of Health and Human Services. 
     Despite an impeccable record in both public service and 
     medicine, they insisted Dr. Price's good name, built 
     throughout decades of serving others, did not belong to him 
     anymore.
       And they almost got away with it. Here's how it happened.
       Exhibit A: New York Magazine forecasts Price character 
     assassination.
       Buried in a December 27 story in New York Magazine, then-
     incoming-Senate Minority Leader Chuck Schumer (D-NY) 
     broadcasts that he has unanimous Democratic opposition to a 
     single Trump nominee: Dr. Tom Price. He plans to inflict as 
     much pain as possible on the HHS pick, and Democratic 
     staffers indicate they'll delay the process as long as 
     possible.
       ``Senate Democrats appear to be unanimous in their 
     opposition to Tom Price, Trump's choice for Health and Human 
     Services secretary, and they hope to raise such a ruckus 
     about Medicare during Price's hearings that at least three 
     Republicans decide to vote against Price, too, thus handing 
     Democrats their first scalp of the Trump era.
       ``According to various Senate aides, Schumer doesn't 
     believe his party has a chance of torpedoing any other Trump 
     nominees, but he hopes to make their confirmations as 
     bruising--and, with smart floor management, as prolonged--as 
     possible. (Schumer himself decided to comment.) `The goal 
     will be to show the public how controversial these 
     nominations are,' explains a Senate Democratic aide.''
       Evidence A: http://nymag.com/daily/intelligencer/2016/12/
who-will-do-what-harry-reid-did-now-that-harry-reid-is-
gone.html
       Exhibit B: Democrats, with help from media, begin Zimmer 
     Biomet smear.
       In mid-January 2017, CNN began nonstop coverage of what 
     they believed was a bombshell story that would rock the HHS 
     nomination process. Dr. Price, they claimed, introduced 
     legislation to benefit a medical device manufacturer, Zimmer 
     Biomet, whose stock he owned.
       ``Rep. Tom Price last year purchased shares in a medical 
     device manufacturer days before introducing legislation that 
     would have directly benefited the company, raising new ethics 
     concerns for President-elect Donald Trump's nominee for 
     Health and Human Services secretary.''
       The written piece breathlessly continues that theirs is the 
     ``latest example of Price trading stock in a healthcare firm 
     at the same time as pursuing legislation that could impact a 
     company's share price.''
       Predictably, Schumer and his henchmen began gleefully 
     alleging on television that Dr. Price potentially broke 
     federal law--a law that calls for up to 15 years of 
     imprisonment if broken.
       Except none of what CNN said happened actually happened.
       1) Dr. Price's Morgan Stanley broker purchased the Zimmer 
     Biomet stock without his knowledge as a part of a routine 
     rebalancing of his portfolio on March 17, 2016. They notified 
     Dr. Price on April 4, 2016. He disclosed it in his filings on 
     April 15, 2016.
       2) The 26 stocks, totaling less than $2,700, were so small, 
     in fact, that even Zimmer Biomet, like Dr. Price, was not 
     even aware that he was a stockholder.

[[Page 2305]]

       3) The legislation CNN and others keep referencing concerns 
     Dr. Price's well-documented efforts, including a 2015 letter 
     and subsequent bill, requesting the delay of a rule issued by 
     CMS.
       4) While CNN claims this would have benefitted Zimmer 
     Biomet, the company actually supports the CMS rule and 
     publicly opposed Dr. Price's legislation,
       So, CNN (and Congressional Democrats musing about alleged 
     crimes punishable by imprisonment) runs--and reruns and 
     reruns--a story about Dr. Price potentially breaking the law 
     or behaving unethically and doesn't even get the story 
     correct about Zimmer Biomet's position on the very 
     legislation they claim he introduced for them? Way to go, 
     guys.
       Evidence B: http://www.freebeacon.com/issues/dem-
accusations-regarding-tom-prices-stock-trades-
 unsubstantiated.
       Exhibit C: Democrats, with help from media, go low with 
     Innate Immuno play.
       In a salacious twist, media and Democrats turn their 
     attention to Australian medical company Innate Immuno. At the 
     recommendation of another Member of Congress, Dr. Price 
     decided to purchase Innate Immuno stock through a ``friends 
     and family'' referral program. Any eligible buyer referred to 
     the company by a current stockholder received a 12 percent 
     discount to fund a research project the innovator was 
     launching.
       This fact didn't stop Democrats from claiming he received 
     ``insider information'' as a Member of Congress, a rather 
     strange accusation about a company based in Australia.
       Then, they pointed to what they insisted--and insisted and 
     insisted--was his active support for the 21st Century Cures 
     Act, legislation they said would help Innate Immuno gain 
     access to American markets.
       That would be pretty suspicious, except for the fact that 
     Innate Immuno went on the record with the Wall Street Journal 
     back in December to express that they didn't care about the 
     bill one way or the other because they were governed by 
     Australia and New Zealand law.
       And then, of course, there's the little detail that Dr. 
     Price was not a co-sponsor of the 21st Century Cures Act. He 
     never whipped for the bill. He never even voted for it. In 
     fact, he was one of only a handful of Republicans to vote 
     against it when it was introduced in the U.S. House of 
     Representatives. As House Committee on the Budget chairman, 
     Dr. Price had concerns that the law would bust spending 
     limits set by the budget. Thus, he could not vote for the 
     bill. So, a lawmaker doesn't co-sponsor the bill, doesn't 
     whip for the bill and doesn't even vote for the bill, and yet 
     he's being accused of crafting it, pitching it to his 
     colleagues and promoting it to the public? Seems a bit odd, 
     doesn't it?
       Months later, the conference committee on the bill (of 
     which Dr. Price wasn't a member, since he voted against the 
     legislation) repaired the funding mechanisms for it, moving 
     it from mandatory spending to discretionary spending. Then, 
     Dr. Price felt comfortable voting to approve of the 
     conference report, which, again, is not the same as 
     ``actively supporting the legislation.'' And to top it all 
     off, it was because of Dr. Price's opposition to it that the 
     American taxpayers weren't on the hook for 21st Century Cures 
     as mandatory spending.
       So, another swing-and-a-miss from the media and the Left. 
     He didn't ``actively engage'' in supporting legislation that 
     they insist he spearheaded, and funnily enough, neither did 
     the company!
       EVIDENCE C1: http://clerk.house.gov/evs/2015/roll433.xml
       EVIDENCE C2: http://budget.house.gov/
news/docmentsingle.aspx?Document
     ID=393978
       EVIDENCE C3: http://www.georgiapol.com/2016/12/23/tom-
price-stock-investments-needed-perspective/
 EXHIBIT D: Puerto Rico Lies, Lies, Lies
       Another story emerged that Dr. Price introduced legislation 
     to benefit himself, via stocks he held in a pharmaceutical 
     company that did business in Puerto Rico. Again, the facts 
     don't match their claims.
       In 2004, Congress enacted the Section 199 deduction for 
     qualified U.S. manufacturing activities. Realizing a 
     technical omission, in 2006 Congress extended the 199 
     deduction for Puerto Rico on a temporary basis. As a result, 
     Puerto Rico was returned to a level playing field and would 
     no longer be competitively disadvantaged against the 
     mainland. The 199 deduction was temporarily extended in both 
     2011 and 2014.
       The Section 199 deduction was not extended as a part of the 
     PATH Act in 2015. Dr. Price's bill would simply make 
     permanent the 199 deduction, no longer requiring periodic 
     reauthorizations, just as it is for the mainland. This would 
     not give Puerto Rico or any U.S. company (and thus, a 
     shareholder of such a company) a tax advantage. It merely 
     creates a tax neutrality so a company can make a decision to 
     invest in a jurisdiction for economic purposes, rather than 
     tax. Dr. Price was never lobbied by PhRMA on this 
     legislation. However, it is a priority of American companies, 
     such as Georgia-based Coca-Cola, who would prefer to maintain 
     their operations in Puerto Rico. The Puerto Ricans they 
     employ, who already face perilous economic circumstances, 
     would be inherently disadvantaged if these extenders did not 
     occur.
       Whoops.
       Evidence D: https://www.pwc.com/us/en/tax-services/
publications/insights/assets/pwc-new-section-199-regs-could-
affect-wide-range-of-taxpayers.pdf


                                Summary

       Dr. Price's detractors on the Left have no actual defense 
     of their opposition to him. They can't deny his 
     qualifications or expertise, so they've resorted to an 
     attempted character assassination. The media, eager for 
     flames to fan, ran these baseless attacks time and time 
     again, despite easily accessible information (i.e. a Google 
     search) that would disprove these outrageous claims.
       Both the Left and their media support must be held to 
     account for conjuring up lies and spreading them for the past 
     two months.

  Mr. ISAKSON. Mr. President, I would also like the Record to reflect 
that I have never been to Montana. I have been to Delaware, but I 
respect anything either one of these Senators would say about any 
physician in Delaware or any physician in Montana. They have never been 
to Georgia. I have been to Georgia for 72 years. I have lived there for 
72 years, and for 30 of those years, I served with Tom Price in the 
State legislature, in the same neighborhood organizations. He has been 
my friend. He has been my doctor. He is a great individual, and my 
knowledge of him is firsthand. I am not going to read to you something 
that somebody told me Tom Price was or is or did or was accused of. I 
am going to tell you about the man I know who has been nominated for 
Secretary of the Department of Health and Human Services.
  I have known Tom, as I said, for 30 years. He is a great family man. 
He and his wife Betty are great members of our community. He is a great 
churchman. He is active in his church in his community. He started out 
working in neighborhood organizations, graduated to the State 
legislature, and became the first elected Republican majority leader in 
the history of the Georgia State Senate. He went from the Georgia State 
Senate to the Congress to replace me. He raised the intellectual 
component level of that seat tremendously when I got out and when he 
came in. He has done a tremendous job here in the seven terms in this 
Congress, representing the people of my State.
  Now, I don't know much about medicine, except that shots hurt, and I 
don't want to go to the doctor unless I absolutely have to. Tom knows 
everything about medicine because he has delivered it for 30 years. He 
knows about the affordability of health care. He knows about the needs 
of senior citizens. He knows about the innovations that are necessary 
to help all of us stay healthy for the rest of our lives.
  Tom Price is a committed public servant who has worked diligently and 
hard for the State of Georgia and people of Georgia.
  There have been a few things said about Tom that I want to address, 
not because I want to waste my time talking about things that are just 
allegations that are put together in some fashion or form to make him 
look bad. I want to just make the record straight.
  First of all, it has been said that Tom is for taking funds away from 
Medicare. That is ironic to me because last December, Tom and I were 
called on by AARP, the representative of the senior citizens of 
America, to go on the road and talk about how we were going to save 
Medicare and save Social Security--not cut and rob it. So we 
represented the organization AARP at their request. We wanted to save 
Social Security and save Medicare. We have never spent a minute of our 
time talking about taking it away from anybody. If there is anybody who 
is going to be able to make sure Medicare works for the senior citizens 
of the 21st century, it is Dr. Tom Price, of Georgia, and he is going 
to do it as Secretary of Health and Human Services in the United States 
of America.
  Secondly, there have been a lot of things impugning Tom and his 
investments--the investments he has made.
  I introduced Tom to the Senate Finance Committee. I introduced Tom to 
the Senate Health, Education, Labor,

[[Page 2306]]

and Pensions Committee. I went through his application. I have seen 
everything on it. Everything that he is being accused of doing, he 
disclosed in his report. They are just using a technique that trial 
lawyers use called desperate impact, where you take two facts, put them 
over here, and put them together to make them a negative, rather than a 
positive. It is all in how you explain it and how you describe it. It 
is not how the act took place.
  As the chairman of the Ethics Committee and the one that administers 
the STOCK Act for this body, I know what we have to submit and make 
public; I know what we don't. Every single thing he has been accused of 
doing is from information taken out of his own disclosures, which 
anybody who owns a computer can get today to make him look like he is 
bad and a bad guy.
  In fact, I told the Senate Finance Committee when I went to introduce 
him there--after listening to Chuck Schumer on the Sunday shows for 2 
weeks talking about Tom Price--that I felt like I was going to have to 
be a character witness for a convicted felon at a sentencing hearing. 
That is not right for us to do that to people.
  Tom Price is a great man. He has done a great public service. He has 
done a great job, and he will do a great job as Secretary of Health and 
Human Services.
  I am proud to have introduced him. I am proud to know him as a 
friend, and I am proud that he is going to be my Secretary of Health 
and Human Services. America and all of her citizens will be better off 
because the doctor will be in the house.
  I urge a vote for Tom Price and yield the floor.
  The PRESIDING OFFICER. The Senator from Wyoming.
  Mr. BARRASSO. Mr. President, I come to the floor to, one, thank my 
friend and colleague, the Senator from Georgia, for making his comments 
about Tom Price, President Trump's nominee to be Secretary of Health 
and Human Services.
  I have known Tom for over 20 years. We are both orthopedic surgeons. 
I know his professional ability. I know his passion for patients and 
health care. I am delighted and confident that he will be confirmed to 
be the Secretary of Health and Human Services. I think he is the right 
person for the important task that lies ahead.


                       Nomination of Neil Gorsuch

  Mr. President, I also come to the floor today to talk about the 
President's nominee for the Supreme Court, Neil Gorsuch. Ever since the 
President made that nomination, we have had an outpouring of support 
for this nomination and not just those of us in Wyoming--of course, 
because his mom was born in Casper, WY--but there has been an 
outpouring of support all across the country and actually across the 
globe.
  The Economist magazine out of London wrote: ``Neil Gorsuch Is a Good 
Pick for the Supreme Court.''
  USA Today had a story with the headline: ``Neil Gorsuch, Stellar 
Resume and Scalia-Like Legal Philosophy.''
  There was even an op-ed in the New York Times by a former Acting 
Solicitor General in the Obama administration. It was an op-ed by Neal 
Katyal under the headline: ``Why Liberals Should Back Neil Gorsuch.'' 
This top Obama administration official called Judge Gorsuch ``one of 
the most thoughtful and brilliant judges to have served our nation over 
the last century''--over the last century.
  He went on to say that ``if confirmed, Judge Gorsuch would help to 
restore confidence in the rule of law.''
  I mean that, to me, is what it is all about--the rule of law. And 
that is from a former Obama administration official who knows the 
Supreme Court.
  I hope to be able to sit down soon with Judge Gorsuch to talk about 
his views. He and I had a brief visit today as he was heading from one 
Senator's office to another.
  Everything I have seen in his background tells me that he has the 
temperament and the experience to be an outstanding Justice on the 
Supreme Court. His background as a judge gives us powerful evidence of 
the kind of Justice that he will be.
  In 10 years on the U.S. Circuit Court of Appeals, he has authored 
hundreds of opinions and dissents, and you can be assured that these 
will be dissected. This record will give Senators ample evidence of 
exactly how Judge Gorsuch views the role of the courts in applying the 
law.
  From what I have seen so far, he appears to take the law and the 
Constitution at face value. He doesn't treat them like blank pages on 
which he can rewrite the laws the way he wishes they were. As he wrote 
in one opinion: ``Often judges judge best when they judge least.''
  This view of judicial restraint in every example I have seen from 
Judge Gorsuch's record is squarely in the mainstream of American legal 
thinking today. You don't have to take my word for it. There is actual 
data to prove it.
  There was an editorial in the Wall Street Journal yesterday with the 
headline, ``Gorsuch in the Mainstream''--``Gorsuch in the Mainstream,'' 
yesterday's Wall Street Journal.
  The editorial cites a thorough study of something like 800 different 
opinions that Judge Gorsuch has written since joining the court of 
appeals. Less than 2 percent--less than 2 out of 100 opinions even drew 
a dissent from his colleagues on the bench, and 98 out of every 100 of 
his decisions were unanimous. This was on a court where seven of the 
active judges were appointed by Democrats, and only five were appointed 
by a Republican. The Wall Street Journal says that of at least eight 
cases considered by Mr. Gorsuch that were appealed to the Supreme 
Court--appealed to the Supreme Court--the Supreme Court Justices upheld 
his results in seven of the eight--seven out of eight. Four of them 
were unanimous in front of the U.S. Supreme Court. So if you actually 
look at his record, I think it is clear that this is a judge who is 
very much in the mainstream.
  CNN did a story on Judge Gorsuch, and they said that he is a laid-
back, fly-fishing, fourth-generation Coloradan who also happens to have 
an Ivy League education, a brilliant legal mind, and an established 
judicial record.
  I mentioned his established legal record, and I think it is also very 
important that he is a fourth-generation Coloradan. He would bring to 
the Supreme Court a much needed perspective from the Rocky Mountain 
West. Among the current Justices, only Justice Clarence Thomas is from 
somewhere other than New York or California. It is important that we 
get this kind of viewpoint on the Court.
  Judge Gorsuch is smart, fair, very well qualified. CNN mentioned his 
education, and it really is very impressive: Columbia University, 
Harvard Law School, a Marshall scholar at Oxford University. He was 
also confirmed to the circuit court by a unanimous voice vote of the 
U.S. Senate right here.
  None of this seems to matter to the Democrats today--not the 
intelligence, not the distinguished career, not that he is squarely in 
the mainstream. None of it matters to some of my colleagues on the 
Democrat side of the aisle. They were sharpening their knives for 
anyone--anyone the President might nominate, regardless of their 
qualifications. They wrote their press releases months ago, full of 
attacks on a person most of them had never met. It is what Democrats 
always do when a Republican President nominates someone to the Supreme 
Court. It is exactly what they promised to do this time as well. Even 
before President Trump was inaugurated, Democratic leader Chuck Schumer 
said that his party would fight ``tooth and nail'' to block the 
nominee. He said he was going to do his best to ``keep the seat open.''
  Senator Schumer met with Judge Gorsuch the other day. He complained 
that the judge did not answer questions about some issues that are in 
the news and before the courts, things like the so-called Muslim ban. 
Well, according to the Code of Conduct for United States Judges--the 
code of conduct for judges--a judge is actually prohibited from making 
public comment on the merits of a matter pending or impending in any 
court. Well, there are certainly ongoing court cases about a

[[Page 2307]]

number of things that Senator Schumer asked about, so I think it is a 
very good sign that Judge Gorsuch would refuse to comment on these.
  Democrats in the Senate are being told by the far-left elements of 
their political base to try to block this nominee. Many of these 
Senators are doing everything that they can to comply. Liberal 
activists have been planning a multimillion dollar lobbying campaign 
against this nominee or any nominee ever since election day. The 
reaction of these activists on the left has been hysterical, it has 
been irrational, and it has been disgraceful.
  I hope the Democrats in the Senate will reject these calls from their 
base and will give this nominee a chance. I hope that they will take 
the time to consider his qualifications and that they will actually sit 
down to talk with him before they rush to condemn him.
  I know I look forward to sitting down with the nominee and discussing 
his views more fully. Everything I have seen so far suggests to me that 
it will be a very good conversation.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Delaware.
  Mr. CARPER. Mr. President, I don't speak often on the floor, but it 
seems that whenever I do, you are the Presiding Officer. I have said 
this before, but you are a glutton for punishment. I thank you for your 
willingness to show up day after day.
  I was going to talk a little bit about the Affordable Care Act as it 
relates to Congressman Price, who has been nominated to be Secretary 
for the Department of Health and Human Services.
  Before I do, I want to follow up on the comments of my friend Senator 
John Barrasso, who is the chairman of the Environment and Public Works 
Committee on which we both serve. He is the senior Republican, and I am 
pleased and really privileged to be the senior Democrat alongside him.
  What I would just say in response is--if Senator Schumer were here, 
he would be perfectly capable of thinking for himself and defending 
himself, but I would say this: On the question of whether Judge Gorsuch 
will have a hearing, I think he will have a hearing, and he should have 
a hearing. On the question of whether there will be a 60-vote margin--
the last couple of people who have been confirmed for the Supreme 
Court, both Democrats, were confirmed by more than 60 votes.
  I don't know Judge Gorsuch well, but I do know Merrick Garland pretty 
well, and I must say I am disappointed that he never got a hearing, 
although he was nominated by Barack Obama when there was almost 10 
months remaining in President Obama's term. Not only did he not get a 
hearing, a lot of folks on the other side of the aisle couldn't find 
the time to meet with him, and he never had a vote--a 60-vote margin or 
even a simple majority, 51 votes.
  For us to now hear it is important that Judge Gorsuch get a hearing 
and get an up-or-down vote, I just wish I had heard those voices here 
over the last year when a very good man was treated I think very 
badly--very badly. That was Merrick Garland. That is for another day, 
but I couldn't let the moment pass without saying anything.
  Mr. President, to back up to about 30 minutes ago, I was talking 
about the Affordable Care Act, and I yielded to Senators Tester, 
Isakson, and Barrasso. Now I want to come back to where I was.
  I am a Democrat. I am proud to be a Democrat, a retired Navy Captain, 
and I went to graduate school, undergraduate at Ohio State, Navy ROTC, 
studied economics. After the Navy, after the Vietnam war, I moved from 
California to Delaware, got an MBA at the University of Delaware and 
studied some more economics and some other things in their MBA program. 
I became State treasurer, Congressman, Governor, Senator.
  I have always been intrigued by how we harness market forces. How do 
we harness market forces for good public policy outcomes? You don't 
always hear Democrats say that, but that is the way I think. I think if 
we can find ways to harness market forces and achieve a good public 
policy outcome, that is a good thing. We ought to try to find them, and 
I think if we can, we can generate good bipartisan support for our 
ideas. At the end of the day, if it meets our goals, so be it.
  I keep going back to 1993, which is when John Chafee, whom I knew--I 
was a Congressman then. Actually, in 1993, he introduced his own 
version of the Affordable Care Act, cosponsored, I think, by 20 other 
Republicans and maybe 3 Democrats. Among the Republican cosponsors of 
John Chafee's legislation--which actually looks like the Affordable 
Care Act--were a couple of Republicans who are still here. One of them 
is the chairman of the Finance Committee, Orrin Hatch, and the other is 
the fellow on the Finance Committee who is actually senior in terms of 
the Finance Committee to Orrin, and that is Chuck Grassley. They 
cosponsored the 1993 legislation that Chafee introduced.
  I want to take just a moment and go through the five key provisions 
in Senator John Chafee's 1993 legislation. I will start here at the 
bottom of this chart.
  One of the things we see in the Chafee legislation was the idea that 
folks who did not have access to health care and were not part of a 
large group plan would have an opportunity to have the benefit as we do 
in the Federal Government and, like half the people who get health care 
in the country, get coverage through a large group plan. So there would 
be a large group buying access to health care coverage for a lot of 
individual people who happen to be in that group; maybe they work for 
the same employer.
  But Senator Chafee came up with a good idea, and the idea was that we 
might want to create in each State something called exchanges or 
marketplaces where people who didn't have coverage could find coverage 
and be part of a larger group and enjoy the benefits of being part of 
that larger group. I think they called them exchanges. They may have 
called them purchasing groups. But it was a 1993 idea.
  He also said that folks who got their coverage through one of these 
exchanges or marketplaces in 1 of 50 States should get some help in 
buying down the cost of health care premiums if they are getting 
coverage through the exchange or the purchasing pool in their State, 
the marketplace, and we would call that a sliding scale tax credit. The 
lower the income of the person buying their health care coverage 
through the marketplace, the bigger the tax credit, and as a person's 
income goes up, the size of the tax credit goes down and eventually 
goes away. That was in Senator Chafee's legislation in 1993.
  Also in Senator Chafee's legislation was something called an 
individual mandate, which basically said that under his proposal, 
people had to get coverage. You couldn't make somebody get coverage if 
they absolutely refused to, but the idea was to penalize people in one 
way or another, maybe with a fine or something like that, and say: If 
you don't get coverage, we can't force you to, but we are going to 
impose a fine or penalty on you, and over time, that fine or penalty 
will increase. Maybe eventually you will say: Well, I am paying this 
fine or this penalty, and it is going to be pretty expensive. Maybe I 
ought to get health care coverage to avoid the penalty. That is called 
the individual mandate.
  Chafee's mandate was that employers of a certain size would be 
required to provide health care coverage for employees. It was a 
mandate, not for all employers but for a number of them when they 
reached a certain number of employees.
  Then the fifth provision in the Chafee plan in 1993 was a ban on 
preexisting conditions. Some know that the Presiding Officer is a 
physician in his State. And a number of people in my State, I am sure 
in his State as well, lost coverage because they had a preexisting 
condition. Maybe they had coverage for a while, and they lost coverage 
or lost their job or something like that, and then they had a condition 
that could be a scare with colon cancer, breast cancer, prostate 
cancer--you name it--and they eventually planned to sign up to get 
health care

[[Page 2308]]

coverage, and because of the preexisting condition, they couldn't get 
it. So what Chafee said in his proposal to insurance companies was: You 
cannot refuse to provide coverage for someone because they have a 
preexisting condition.
  The health insurance companies said: Well, if you are going to put 
that preexisting condition on us, then we have to have the individual 
mandate. In these State exchanges you are going to create, Senator 
Chafee, we have to make sure there are people in the purchasing pools 
in each of the States who are young and invincible, like our pages 
sitting here in front of me today--young, healthy. They just can't be 
people that are old and infirm and not well because they will consume a 
lot of health care costs. We need a mixed pool that is insurable so 
insurance companies can insure this pool for health care and not lose 
their shirts.
  That was the long and short of it in the Republican plan from Senator 
Chafee, with some bipartisan support in 1993.
  Mitt Romney became Governor of Massachusetts sometime after the turn 
of the century, and he was interested in running for President. He is a 
smart guy. Some of us know him, some better than others. But he is a 
very smart fellow. He is smart enough to know that if he wanted to run 
for President some day--and he did--one of the things he could do that 
could help bolster his chances was to be able to demonstrate after 
years and years of people talking about providing health care coverage 
to just about everyone in our country, he could actually say: We did 
this in our State. We actually provided coverage for just about 
everybody in Massachusetts who needed coverage. When he decided to do 
this, he was smart enough to go back to Senator Chafee's blueprint from 
the 1993 legislation.
  It was a decade later that Mitt Romney became Governor. I say this as 
a recovering Governor myself: You are always looking for what works to 
see if it might be transferrable to your State. But he seized on 
Senator Chafee's proposal, and the similarities are pretty striking. 
Like the Chafee plan, RomneyCare--they call it RomneyCare--created 
these State exchanges, or purchasing pools, just as in Chafee's 
legislation. They had the sliding scale tax credits to help them buy 
coverage, buy their health insurance through the purchasing pool so 
people with a lower income could get a bigger tax credit, and as their 
income goes up, the credit gets smaller and smaller, and then it 
finally phases out. That is what they did in RomneyCare.
  The third thing they had was a ban on preexisting conditions in 
Massachusetts. If someone had a preexisting condition, the insurance 
company could not say: No, no coverage for you. They had to provide 
coverage. Just like insurers told Senator Chafee all those years ago in 
1993; that if we are going to have to insure people because of 
preexisting conditions, you have to give us a pool of people to insure, 
that we can insure and not lose our shirts. That included individual 
mandates so we could have the young, the healthy in the pool, and at 
the same time call for the employer mandate so employers of a certain 
size had to ensure that their employees were getting health care 
coverage.
  That was in the Romney plan. They launched it about a decade ago, and 
right off the bat it was warmly embraced by the people of 
Massachusetts. They thought this could be cool. And it was good. It was 
the right thing to do. It might just work and be an example for the 
rest of the country. So they had a warm embrace and a good launch.
  In the first couple of years, they did a good job in RomneyCare in 
covering a lot of people and reducing the number of people who did not 
have coverage. What they didn't do such a good job on, though, for the 
first several years, was on the affordability side.
  Health care costs continued to rise in Massachusetts. There were 
several reasons for that, one of which was the individual mandate. They 
had a fine. So if you happen to be young and maybe you didn't think you 
needed health care, you had to pay a fine if you were a certain age and 
didn't sign up. It was an increasing fine that went up over time. 
Eventually, people decided, Well, if I have to pay this fine, I might 
as well get health care coverage, but they didn't do it initially. They 
were negative in terms of coverage.
  Eventually, in Massachusetts not only did they do a good job in 
increasing coverage, they actually did a pretty good job on 
affordability. One of the reasons is, they had a good mix of people in 
their pools and a fair amount of competition between health insurance 
companies and providers--competition.
  Fast forward to 2009, the Affordable Care Act. When the Affordable 
Care Act was reported out of committee to come here to the floor, what 
did it have? It had, No. 1, let's create these State large purchasing 
pools, State exchanges and marketplaces, and that is in Chafee's bill 
and in RomneyCare. It had sliding scale tax credits to help buy down 
the cost of coverage in the exchanges and marketplaces. There was a ban 
on preexisting conditions, but insurers said: No, we can't insure the 
people you want us to, we will have to cover everybody, and those who 
have preexisting conditions, you have to make sure we have a good mix 
of people in the insurance pool.
  So just like in Chafee and in RomneyCare, we had the individual 
mandate. You can't make people get coverage, but you can have an 
accelerating scale so people will eventually bite and get the coverage, 
and we also had the employer mandate. Not every employer but a certain 
size number of employers had to have--had to cover their employees.
  It is kind of remarkable. I think if you talked to most people in 
this country, and you walked through this, they would be amazed to know 
that the Affordable Care Act, with these five major provisions, was 
actually stolen, plagiarized, from a Republican Senator, Chafee, in 
1993; but from Governor Romney's proposal.
  There is more to the Affordable Care Act, including the expansion of 
Medicaid coverage--not for everybody, but up to 135 percent or so of 
poverty, and the real focus on how do we move from a sick care system, 
where we just spend money on health care for people who are sick, why 
don't we spend some money to try and make sure people stay well, on 
prevention and wellness, early access to care, so folks can get a 
colonoscopy maybe before they come down with colon cancer or get a 
mammogram before breast cancer, those kinds of things.
  One of the great things of the Affordable Care Act, little known to 
most people, is the idea that we need to collaborate in the delivery of 
health care so it is not just one hospital working by itself but maybe 
build a network of hospitals, and maybe with these, working with doctor 
groups, groups of doctors. The idea is to collaborate in the delivery 
of health care in ways that focus on wellness, prevention, and that is, 
I think, little noticed; the idea of better results for less money. I 
call it value, looking for value.
  That is just a little bit of history, and I think it is worth looking 
at.
  Could we look at the next one.
  I have a pie chart I would like to share with everybody. I don't know 
if the Presiding Officer has seen this before. I have used it once or 
twice. This is a pie chart that has about 300 million people in it, and 
this represents the 300 million or so people in our country who have 
health care coverage. The blue represents those folks who get their 
coverage through their employer. It doesn't mean the employer pays for 
all the costs of their health care; the employer pays the majority, and 
maybe the employees pay some fraction or percentage of that coverage. 
Over half the people in the country today getting health care coverage 
are those in large group plans. If you look at what is going on with 
premium increases, and increases in copays and deductibles, my 
understanding is the premium increases for these folks--over half of 
the 300 million people in the pool--we actually compared premium 
increases before the ACA was adopted and the years after, and premiums 
still go up for these folks but not by as much as they had before the 
Affordable Care Act was adopted.

[[Page 2309]]

  So that is how most people get their coverage here.
  Next, about--let's see, this green area right here, it has anywhere 
between 15 and 20 percent of people who get health care coverage in 
this country, they are in Medicare, the 65 and over or totally 
disabled, unable to work, and qualify for Medicare because of that. One 
of the little known things about the Affordable Care Act is that the 
Medicare trust fund had been running out of money for quite a while, 
and the date at which it eventually runs out of money and will not be 
able to provide coverage can continue to get closer and closer. One of 
the benefits, little known or noted in the Affordable Care Act, is that 
since it was adopted, the life of the Medicare trust fund has been 
extended by 12 years. After coming down for years and years and years, 
the life of the Medicare trust fund has been extended by 12 years. 
Medicare people, they don't buy their coverage on the exchanges, but a 
lot of people can still use fee-for-service. Maybe it works for some 
people. I don't know if it is the best way to get good coverage for an 
affordable price, but we have seen a migration to what is called 
Medicare Advantage. I think it is like managed care with a heart and a 
head, and now about one-third of the folks on Medicare get that 
coverage. Fifteen to twenty percent of the people get their coverage in 
this big 300 million-person pie chart from Medicare. About 20 to 25 
percent of the people who are getting health care coverage in the 
country today get their coverage through Medicaid. Believe it or not, 
it is not mostly part families or women with children, it is mostly 
people--maybe like our parents or grandparents who are in nursing 
homes, a lot of them with dementia. They spend down their resources and 
they end up going to nursing homes, and Medicaid pays to help keep them 
alive and cared for, and that is anywhere from 20 to 22 percent.
  The States previously--virtually every State has a Medicaid plan, but 
one of the things we did with the Affordable Care Act was to say we 
want to encourage States to cover not just up to 100 percent of poverty 
but maybe up to 135 percent of poverty. The Federal Government will pay 
about 90 percent of that, and maybe someday less than that, but we want 
more people to be covered through Medicaid, which is actually more 
cost-effective than the purchasing pools I talked about earlier.
  So we have 300 million people getting health care coverage. The 
lion's share of them--over 55 percent--get coverage from large group 
plans. About 22, 25 percent is Medicaid, about 15 to 20 percent 
Medicare, and what is left is about roughly 6 percent or so, they get 
their coverage through the exchanges, through the marketplaces.
  When our Republican friends and others criticize the marketplaces and 
the sliding scale tax credits and the individual mandates, the employer 
mandate, and maybe the ban on preexisting conditions, what they are 
criticizing is right here, a very small portion of the pie, the heart 
and soul of what was proposed by Senator Chafee in 1993 and the heart 
and soul of what was in RomneyCare in Massachusetts a decade later. 
There is a certain irony there not lost on me and I know not on others.
  Can we do some things to improve the delivery of health care among 
all of these groups? Sure. Can we do it where it covers more people and 
does it in a more cost-effective way? Sure we can. But the idea of sort 
of getting rid of this--getting rid of particularly the piece down here 
and a lot of the other provisions that are represented in this pie 
chart, I don't think that makes a lot of sense.
  A friend of mine is a firefighter. We work out in Wilmington at the 
YMCA before I jump on a train and come to work. We were talking not 
long ago about a situation you have with a building that is on fire, 
and the people are up in the tall building and maybe can't get down to 
the elevators, and they rush to the windows to look out to see if there 
is anybody down there. The firefighters are outside the building that 
is on fire, and they are yelling with a bull horn up to the folks on 
the fourth and fifth floors: Go ahead and jump. We will catch you. But 
the people who are being asked to jump notice that the firefighters 
don't have any nets.
  The idea of health care coverage where we are actually covering a lot 
more people, and to say we are going to pull that away from you for 20 
million, 30 million more people, and don't worry, somewhere down the 
line--a year or 2 or 3 years from now--we will provide the nets to 
catch you, I think that makes no sense--no sense.
  We got this far, so maybe one more chart.
  Who gets hurt by repealing the Affordable Care Act?
  I will just say this and then close, I say to my friend from 
Maryland.
  The answer is everyone. We do not have a lot of rural space in 
Delaware. I know we have a lot in Louisiana and quite a bit in 
Maryland. But folks who get their coverage from the rural hospitals, 
whether it is in Delaware, Maryland, Delmarva, whether it is in 
Louisiana, the rural hospitals, they are going to get clobbered if we 
repeal the Affordable Care Act and take away the Medicaid expansion, 
take away the marketplaces. They will get clobbered and a lot of them 
will close. The federally qualified community health centers, they are 
going to get clobbered, and they provide coverage for 10 million people 
in our country.
  When people are denied coverage in those rural hospitals or suburban, 
urban hospitals or the federally qualified community health centers, 
where people don't get coverage there, they will get health care 
somewhere, and it may be going to an emergency room at a hospital, 
getting really sick and having to get admitted and then spend a lot of 
money. Where does the money come from? From those of us who use the 
health care system, who are paying premiums and our employers are 
paying premiums. The costs are really absorbed by the hospitals 
themselves. It makes not a lot of sense.
  The person in the House who has been really in the forefront of 
repealing the Affordable Care Act is the person that Donald Trump has 
now named to be our Secretary of Health and Human Services. The idea of 
having a new Secretary overseeing the Department of Health and Human 
Services, someone who is trying to run this program and oversee it and 
make sure that it works in a way that provides more coverage at an 
affordable price, is actually a person who has been trying to kill it 
for as long as he has been in the House of Representatives. Some people 
may not be concerned or upset about that, but I am. I think that before 
we put that person in charge in that job, we need to remember some of 
the lessons I just shared with folks here today. For these reasons, I 
cannot support the nomination.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. VAN HOLLEN. Mr. President, I thank my friend and colleague from 
Maryland's neighboring State of Delaware, the senior Senator, Mr. 
Carper. I thank him for raising those points about the very negative 
impact that repealing the Affordable Care Act would have on so many 
folks in Delaware and Maryland and, specifically, rural hospitals. The 
Eastern Shore of Maryland and the Delmarva Peninsula have lots of rural 
hospitals that will be put in the crosshairs if we repeal the 
Affordable Care Act, so I thank the Senator for raising those issues 
and sharing with the Senate the impact of what repeal would do.
  I rise to oppose the nomination of Tom Price to be Secretary of the 
Department of Health and Human Services. I am very familiar with the 
views and the policy positions of Congressman Price and the ideas he 
has with respect to health care and budget issues facing our Nation.
  Before coming to the Senate, I served as the senior Democrat, the 
ranking member on the House Budget Committee, and Congressman Price is 
the chairman of that committee. I have said this before, and I say it 
again; that despite our very deep differences over critical issues 
facing our country and health care policies, Representative Price did 
conduct the business of the Budget Committee in a professional manner.

[[Page 2310]]

  I respect the intensity with which he argues his case, but it is 
because of his inflexible and highly ideological positions on critical 
matters before us that I oppose him. I firmly believe his policies will 
do great harm to the health and well-being of tens of millions of 
Americans throughout this country. That is why I oppose his nomination 
for this very sensitive post.
  During the Presidential campaign, Candidate Trump tweeted, ``I was 
the first and only potential GOP candidate to state that there will be 
no cuts to Social Security, Medicare and Medicaid.'' President Trump 
has repeated those promises since then.
  Yet, throughout his tenure in the Congress and throughout his time as 
chairman of the House Budget Committee, Representative Price has taken 
the exact opposite position, calling for cuts to Medicare, cuts to 
Medicaid, cuts to Social Security. He is now going to be overseeing the 
Department responsible for Medicare and Medicaid. So let's look at how 
Chairman Price's policies would impact those programs and harm the 
health care of Americans.
  First, on Medicare, he has called for privatizing Medicare through a 
voucher program. Make no mistake--seniors on Medicare are going to pay 
a lot more under their voucher plan.
  Here is how it works: Instead of going to the hospital and having 
Medicare cover the costs, seniors will instead get the equivalent of a 
voucher. Here is the catch: The value of that voucher will not rise 
nearly as fast as the cost of health care in this country, so each year 
that goes by, the value of that voucher will pay for less and less 
health care for seniors on Medicare.
  Yes, Tom Price's plan saves Medicare money. It saves Medicare money 
by requiring senior citizens on Medicare to eat the difference--the 
difference between the value of the voucher, which is effectively 
frozen over time, and the cost of health care that those seniors are 
going to need. That is the wrong approach for making savings in 
Medicare.
  The right approach is the approach taken in the Affordable Care Act, 
where we begin to change the incentives in the system, so we encourage 
doctors and hospitals to focus on the value of care they provide, not 
the volume of care they provide.
  Another way in which Representative Price, the President's nominee, 
would harm seniors on Medicare is when you repeal the Affordable Care 
Act, you reopen what was called the prescription drug doughnut hole. 
One of the things the Affordable Care Act did was allow seniors with 
high prescription drug costs to not have to choose between paying the 
rent or putting food on the table and the cost of their drugs. Over 
time, it is closing that doughnut hole that seniors fell into and 
couldn't cover the costs of needed prescriptions. When you repeal the 
Affordable Care Act, you repeal those protections for seniors. That is 
what Tom Price's budget would do. It is right there in his budget plan.
  Another harm that would befall seniors is that repealing the 
Affordable Care Act wipes out the provision that allows seniors on 
Medicare to get free preventive screenings. We want to encourage 
seniors, just like everybody else, to catch health problems early, so 
we said: You don't have to pay these steep copays if you want to get 
screened for cancer, diabetes, or whatever it may be. Millions of 
seniors have now benefited from that--not only by not having to pay out 
of pocket but by catching problems early and getting them treated so 
they get the health care they want. But Tom Price's plan would repeal 
all of that.
  If you are a senior on Medicare now or a senior who may be getting to 
the point of Medicare or anybody else--we are all going to be there 
someday--No. 1, you are going to see the plan turn into a voucher plan, 
which is going to cost a lot more for no more health care, maybe less; 
you are going to pay more for prescription drugs; and you are going to 
pay more for preventive screenings. That is a bad deal, but that is the 
Tom Price plan.
  Let's take a look at his Medicaid proposal. Again, Candidate Trump 
said he wasn't going to cut Medicaid. The budget plan put forward by 
Tom Price, chairman of the House Budget Committee, calls for over $1 
trillion in cuts to Medicaid over 10 years. It is right there in the 
plan. Just read it. They don't make any secret about it. The 
accompanying report talks about it--$1 trillion over 10 years.
  Many people don't realize this, but two-thirds of the money we spend 
for Medicaid goes to provide long-term care to seniors in nursing 
homes, to people with severe disabilities, very fragile individuals who 
have no other source of medical security. It would cut dramatically 
from that. Almost 50 percent--the largest single share of people in 
Medicaid--is kids. They are kids.
  I just happened to meet today with the head of the Children's 
National Health System and his team. His No. 1 plea and request to me: 
Don't cut Medicaid. You will hurt kids if you do it.
  They provided me some information and facts. What is Medicaid? 
Medicaid is the single largest health insurer for children. Medicaid is 
a vital program for children. It covers over 30 million children 
nationwide. When we cut Medicaid by $1 trillion, we hurt children by 
hurting their health care.
  In addition to calling for these very deep and damaging cuts to 
Medicaid, harming the Medicare program, and raising the costs to 
seniors, Representative Tom Price has been one of the fiercest 
opponents of the Affordable Care Act, wanting to wipe it out. We hear a 
lot about replacement. In other words, the mantra has been, let's 
repeal it and replace it. In fact, President Trump, both as candidate 
and now, says he is going to replace it with something much better. 
Much better. We heard for years Republicans in the House and the Senate 
saying they were going to replace it too. We have heard them say that 
since the Affordable Care Act was first put in place roughly 7 years 
ago: Repeal and replace. But as we are gathered here today, there is 
absolutely no replace.
  But they did repeal. A lot of people don't realize they repealed it 
because President Obama was there to veto the legislation that came to 
his desk that repealed the Affordable Care Act. But it was just last 
year. Congressman Tom Price--the person who is going to be in charge, 
if President Trump has his way, the head of HHS--was the main architect 
of that repeal--not repeal and replace; repeal.
  The nonpartisan Congressional Budget Office--the organization the 
Congress relies on to present unbiased analysis--in fact, the current 
Director of CBO was selected by the Republican chairman of the House 
committee and the Republican chairman of the Senate committee. They 
issued a report just last month, January 2017. What would have happened 
if Tom Price's repeal had actually been signed by President Obama? What 
if that had actually become law? What would have happened to health 
care in America? Here is what they said: The number of people who are 
uninsured would increase by 18 million in the first plan year following 
enactment of the bill. Later, after the elimination of the Affordable 
Care Act's expansion of Medicaid eligibility and subsidies, that number 
will rise to 32 million in 2026. So in year 1, 18 million Americans 
would lose access to health insurance.
  How about the cost of premiums? The cost of premiums in the exchanges 
have been high, and there are practical things we can do to reduce 
them. But if Tom Price had his way, according to the Congressional 
Budget Office, here is what would have happened: Premiums in the non-
group market, the Affordable Care Act exchanges, would increase by 20 
percent to 25 percent relative to current law--in other words, compared 
to if we did nothing.
  It is really important that the American public understand that the 
man the President is asking to be head of Health and Human Services for 
the United States of America is the same person who was the architect 
of the bill that went to President Obama that within its first year 
would have resulted in 18 million Americans losing access to health 
care and jacking up premiums by 20, 25 percent in the exchanges. That 
is what would have happened. Thank goodness President

[[Page 2311]]

Obama was there to veto that legislation. But he is not there anymore, 
and President Trump is installing the person who would have had the 
dramatic negative impact on the health care of millions of Americans--
your constituents, my constituents--and all of us have heard many 
stories about the impact.
  I will close where Senator Carper closed because he went through many 
examples of who was going to be harmfully impacted by getting rid of 
the Affordable Care Act. When we add it all up, it is just about 
everybody.
  In addition to the 22 million Americans on the health care exchanges 
who will lose that access entirely, Americans who get their health care 
through their employers--which is most of them--benefit from the 
patient protections in that legislation. Frankly, they benefit from the 
fact that people who used to not be able to get any health care and who 
were showing up in the emergency room and raising the costs for 
everybody else--they will have it, which is why, as he said, premiums 
for the majority of Americans in the employer market have actually gone 
up very slowly compared to what they were doing before the Affordable 
Care Act. As I mentioned, seniors on Medicare get socked in the chin.
  I just came from a meeting with the head of one of Maryland's rural 
hospitals in Western Maryland, out on the Maryland panhandle. This is 
an area that Donald Trump carried overwhelmingly with a big vote out in 
Western Maryland.
  The CEO of Garrett Regional Medical Center came to my office today 
and let me know all the good things they are doing for people in 
Western Maryland. The last page of this request says: ``Seeking your 
support,'' and here is the bullet point: Garrett Regional Medical 
Center is very concerned about ACA repeal. Our organization will 
implode--implode--without proper replacement.
  Yet the legislation, the reconciliation bill that Representative Tom 
Price rammed through the House and then they got through the Senate and 
went to President Obama's desk, would have done exactly that--it would 
have imploded this Western Maryland regional medical center. Imploded 
it. President Obama said no.
  Now, despite the fact that Candidate Trump tweeted out that he wanted 
to protect Medicaid and Medicare, he has appointed somebody to this key 
position who has taken the opposite position. That is why I cannot in 
good conscience vote in support of this nomination. It is too big a 
risk to the health care of Marylanders and to the American people.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Mr. President, first let me comment and thank my 
colleague from Maryland, Senator Van Hollen. Senator Van Hollen may be 
a new Member to the U.S. Senate, but he is not a new Member to the 
Congress of the United States.
  I think Senator Van Hollen said this very clearly: This nomination is 
very much about the type of health care system we want for the people 
in this country, whether we are going to have affordable, quality 
health care for all Americans, whether health care is going to be a 
right or a privilege. I thank Senator Van Hollen for the points he 
made.
  I think the people of Maryland are not going to be surprised that I 
agree with my colleague from Maryland and that I take this time to 
explain why I will oppose Mr. Price for Secretary of Health and Human 
Services.
  Let me begin by talking about something that happened in Maryland 
during my first year in the U.S. Senate. I was elected in 2006. In 
2007, in my very first year, we had a tragic situation that occurred a 
few miles from where we are right here, in Prince George's County, MD. 
A youngster, 12 years of age, Deamonte Driver, died from a tooth 
problem. Let me give you the background on this because this is a very 
tragic situation. This is in the State of Maryland, one of the 
wealthiest States in one of the wealthiest nations.
  Deamonte Driver's mother recognized that Deamonte Driver had pain in 
his mouth. She tried to get him to a dentist, but they had no insurance 
and no coverage. She couldn't get anyone to take care of her son. What 
was needed was an $80 tooth extraction. If he could have seen a 
dentist, that is exactly what would have happened. He couldn't get in 
because he had no insurance, and he fell through the cracks of our 
system. That tooth became abscessed, and it went into his brain. He 
went through two operations, hundreds of thousands of dollars of cost, 
and he lost his life.
  That happened in my first year in the U.S. Senate. I vowed to do 
everything I could to make sure there were no more tragedies anywhere 
in America like Deamonte Driver's. Every child should be able to get 
access to oral health care. It is who we are as a nation. It is part of 
who we are, and it makes sense from the point of view of an efficient 
health care system.
  I introduced legislation to provide pediatric dental care in this 
country. I worked with my colleague Elijah Cummings in the House of 
Representatives and with others here, and we were able to make some 
progress. Ultimately, we were able to get this as part of our national 
health policy in the Affordable Care Act. It is now part of what is 
known as essential health services.
  I start this debate on the floor of the U.S. Senate by saying that 
Dr. Price, the nominee for Secretary of Health and Human Services, is 
one of the leaders for the repeal of the Affordable Care Act, which 
would repeal essential health services, which would eliminate the right 
for all children in America to have pediatric dental care. So I then 
look at what Mr. Price would replace it with, and I am confused because 
I am not exactly sure what he would replace it with. I have looked at 
what he has done as a Member of the House, I have looked at what he has 
done as the chairman of the Budget Committee, and I am not confident 
that we would maintain that type of guaranteed coverage for our 
children.
  That is just one concrete example--one person--of why I am concerned 
about what would happen if we repealed the Affordable Care Act, and we 
don't know what is coming next.
  The Affordable Care Act--30 million Americans now have affordable, 
quality health care as a result of the Affordable Care Act. The repeal 
of that law would jeopardize those 30 million. In Maryland, the 
uninsured rate has gone down from over 12 percent to a little over 6 
percent. We have cut our uninsured rate by about 50 percent. That is so 
important for so many different reasons. Yes, it is important for the 
400,000 Marylanders who now have third-party coverage who didn't have 
third-party coverage before. They now can go see a doctor rather than 
using an emergency room. They don't have to wait if they have a medical 
condition; they can get care immediately. They can get access to 
preventive health care that keeps them healthy so they don't enter our 
health care system in a much more costly way.
  Before the Affordable Care Act, these 400,000 people got their health 
care, but they didn't get it in the most cost-effective way. They used 
emergency rooms, which are very expensive. They didn't pay for their 
bills. They entered the health care system in a more acute way, using 
more health care services than they need, and they didn't pay their 
bills. As a result, we saw that those who had health insurance were 
paying more than they should because of those who did not have health 
insurance. That added to the cost, not just of those who didn't have 
the insurance but to all Maryland insured.
  Mr. President, I see that the distinguished majority leader is on the 
floor. I will be glad to yield to him. I believe he has an announcement 
he wants to make.
  The PRESIDING OFFICER (Mr. Blunt). The majority leader.

                          ____________________