Mr. President, before Senator King leaves the floor, let me just say, as one who ran the legal services for the elderly program in Oregon, that the Senator makes all of us in legal services proud…
Mr. President, before Senator King leaves the floor, let me just say, as one who ran the legal services for the elderly program in Oregon, that the Senator makes all of us in legal services proud tonight. Senator King has really put a face on what is at stake here in the way he has focused on the opioid scourge that is hammering areas from coast to coast. Rural health care--without rural health care, we can't have rural life. It is just that simple. Certainly when we get to the closing here in perhaps an hour and a half or so, we are going to get to the bottom line, as the Senator did. I think these changes take America back to the day where health care was for the healthy and wealthy.
So I thank the Senator for his passion and his commitment to his citizens, but also to the people of this country. Anybody in legal services tonight will be very proud, as I am, because what it is all about is standing up for people, and the Senator has said it very well.
Mr. President, we will be having our closing remarks here in perhaps an hour and a half or thereabouts. We have several Members of the Senate who are on their way for their remarks, and several Members of the Senate have discussed various elements of the serious and unanswered ethics questions surrounding Congressman Price's nomination. It is my view that these are issues that have set off loud ethical alarm bells.
I want to take a little bit more time to lay out the full story here.
The stock trades Congressman Price made while working on health care policy do, in fact, raise serious ethical and legal questions. None of Congressman Price's stock trades raise more questions than the hundreds of thousands of shares he bought in the obscure Australian biotech company known as Innate. His stock in this company is by far his largest of holdings, both in terms of the hundreds of thousands of shares he owns and the value of those shares, and that exceeds a quarter of a million dollars.
Congressman Price told the Finance Committee that he did not get a special deal. He told the Health, Education, Labor Committee that he did not get a special deal. But the fact is, Congressman Price paid bargain-basement prices for Innate stock in a private sale last August. The private stock sale was limited to a small group of well-connected American investors.
Congressman Price's participation has been described as a ``sweetheart deal'' by Kaiser Health News and a ``privileged, discounted offer'' by the Wall Street Journal.
As I said during his nomination hearing, Congressman Price's participation in the private stock sale showed bad judgment at best. At worst, it raised serious questions about whether he violated the STOCK Act or other security laws. I will take a minute to read section 3 of the STOCK Act. It says: ``Members of Congress . . . may not use nonpublic information derived from such person's position . . . or gained from the performance of such person's official responsibilities as a means for making a private profit.''
It is well known that Congressman Price learned about Innate from a House colleague, Congressman Chris Collins of New York. Collins is not just a casual reader of the Australian business pages; he is actually a member of the company's board and its largest shareholder.
This raises additional questions: Did Congressman Price have access to nonpublic information about Innate or its private stock because of his position as a Member of Congress? Did he get special access to the discounted private sale because of his position? Does he stand to profit because of the information or access he may have received?
Finally, did Congressman Price tell the Finance Committee the truth about how he learned about the private stock sales and the ability of typical investors to participate?
Congressman Price would have us believe that he decided to make these investments based on his own research into the company. That is what he told the Finance Committee.
Let me quote from the Wall Street Journal's article published January 30:
Mr. Price wasn't in line to buy shares in the last private
placement because he hadn't previously participated in
private fundraising rounds. . . . Mr. Price first invested in
the company a year ago, buying shares through the open market
on the Australian exchange. He learned about the company from
Mr. Collins, who holds a 17 percent stake in it. Mr. Collins
said Mr. Price is ``one of my friends'' and that he sits
``next to him'' on the House floor. . . . Mr. Price got it on
the discounted sale after Mr. Collins filled him in on the
company's drug trial, according to Mr. Collins.
The fact is, you don't just get in on a private stock offering by accident. As the Wall Street Journal explained, Congressman Price didn't originally even meet the criteria for participating in the 2016 private offering because he hadn't participated in any previous offerings. Yet he was able to buy over 400,000 shares of stock with Congressman Collins' help.
My view and the view of my Democratic colleagues is that Congressman Price failed to come clean with the Senate Finance Committee on the details of the special discounted deal. He has assured the committee he followed the law, but straightforward questions have been met with dodging, weaving, and obfuscation. Details of his purchase continue to emerge, and the public's understanding of his involvement continues to evolve.
Meanwhile, as scrutiny of the deal continues to mount, Innate's top executives are defending Congressman Price at the behest of his colleague Congressman Collins, who sits on the company's board of directors.
After the Wall Street Journal story was published, the company and Congressman Price went into spin control. The public knows this only because Congressman Collins made a mistake that everybody who uses email for work has seen made at least once: He mistakenly hit ``reply all'' when responding to an email from the company's CEO, Simon Wilkinson. Instead of a private note to Mr. Wilkinson, the note wound up going to a CNN reporter covering the story.
In the email, Congressman Collins, the company's top shareholder, said the Wall Street Journal was ``yellow journalism,'' and he thanked Innate's chief executive, Mr. Wilkinson, for defending Congressman Price and the company. According to CNN, Congressman Collins acknowledged the email to be authentic.
The Finance Committee's own experience with Innate only adds to the sense that there is a coverup as Republicans seek to race Congressman Price across the confirmation finish line.
The day after the Wall Street Journal story ran, I wrote my own letter to Innate's CEO, Mr. Wilkinson. I asked the company to respond to the article and the inconsistencies in Mr. Price's explanations and for documentation of details of the private stock sales. The company refused to answer my letter.
This looks to me like a coverup, and it ought to shake this body's confidence in Congressman Price's nomination. This situation, in my view, demands that further questions be asked and answered. Instead of taking time to explore these issues, Republicans took the unprecedented step of suspending the Finance Committee's rules to rush this nomination to the floor before any more questions could be asked, let alone answered.
In years past, as with the nominations of Senator Daschle, Secretary Geithner, and Ambassador Kirk, the Finance Committee left no stone unturned in the vetting process. Not this time. The majority party, in my view, is on its way to an ethical double standard to cut off the vetting process. That leaves me with a question for Congressman Price and my Republican colleagues in the Senate: What is there to hide?
Mr. President, before I continue, I ask unanimous consent to have printed in the Record the letter that I sent to Simon Wilkinson, chief executive of Innate, on January 31, 2017.
I would also refer my colleagues to the following news articles: ``Trump's HHS Nominee Got A Sweetheart Deal from A Foreign Biotech Firm,'' a story published by Kaiser Health News on January 13, 2017; ``Representative Tom Price Got Privileged, Discounted Offer on Biomedical Stock, Company Says,'' a story published by the Wall Street Journal on January 30, 2017; and ``In accidental `reply all' to reporter, Collins thanks CEO for defending HHS nominee,'' a story published by CNN on January 31, 2017.
Mr. President, I wish to now discuss what is known about the facts and timing of Congressman Price's investment in Innate. This is a timeline that is based on public documents, press reports, and information the nominee provided the Finance Committee.
If you have never heard of Innate until the last few weeks, you would be forgiven. The New York Times described it as a ``tiny pharmaceutical company from Australia that has no approved drugs and no backing from flashy venture capital firms.'' Innate has fewer than a dozen full-time employees. The company's stock was first listed on the Australian Stock Exchange in 2013, and until recently its market capitalization was well below $100 million. Innate has never generated revenue from drug sales. It has repeatedly teetered on the brink of running out of cash. It has just 2,500 shareholders. By way of comparison, a major American pharmaceutical company could have hundreds of thousands of shareholders.
Innate is planning to submit an investigational drug application to the Food and Drug Administration, and its ultimate goal is to one day sell itself to a large pharmaceutical manufacturer, which would take its early-stage experimental therapy to market.
What I am describing is, this company is the poster child for obscure companies. It is so small and so obscure, it doesn't even have a Wikipedia page. So the question is, How did Congressman Price come to learn about this company, and how did he decide to make it the single largest investment in his sprawling portfolio of health care stocks? The answer is, the Congressman learned about Innate in 2014 during a conversation with his colleague, Congressman Collins of New York. As I indicated, Congressman Collins sits on Innate's board of directors. Congressman Collins is also the company's largest shareholder, holding 38 million shares. Congressman Collins' adult children, his chief of staff, and many of his political backers are also heavily invested in the company. I am going to touch on those issues in a few minutes.
According to disclosures with the House Ethics Committee, Congressman Price bought some 61,000 shares of Innate stock in 3 separate purchases during January of 2015. At the time, the stock was trading at roughly 10 cents a share. Congressman Price testified to the Health, Education, Labor, and Pensions Committee that he directed his broker to make the January 2015 purchases.
Fast-forward to August 2016. Congressman Price bought another 400,000 shares of Innate as part of a private stock sale for U.S. investors. When the private sale took place, Innate's shares were trading on the Australian Stock Exchange for the equivalent of 31 American cents. Participants in the private sale got the shares at a deep discount.
In written testimony to the Finance Committee, Congressman Price said he paid 84,000 American dollars to buy the 400,000 shares. He bought 250,000 of those shares for 18 American cents per share in one private stock placement. He bought another 150,000 shares for 26 American cents each in a second private stock placement. Congressman Price's House Ethics Committee disclosures showed that he acquired the stock on August 31. On that day, Innate's stock was trading for the U.S. equivalent of 31 cents a share on the Australian Stock Exchange. In my book, that is a special deal.
The bottom line is that Congressman Price bought these shares for $40,000 less than an average investor would have paid to buy the same amount of stock off the open market. That is nearly 33 percent off the price on the Australian Stock Exchange at the time. Since that time, Innate's stock has more than doubled. These facts are not in dispute.
Mr. President, I ask unanimous consent to have printed in the Record Congressman Price's written testimony in response to my questions for the record as part of his nomination hearings.
I also refer my colleagues to the following news articles and documents: ``Australian Drug Maker has Low Profile but Powerful Backers in Washington,'' printed in the New York Times on January 13 of this year; ``Aussie shareholding puts heat on President's Ally,'' published in the Australian on February 6 of this year; the 2016 Annual Report to Shareholders of Innate; a periodic transaction report that Congressman Price filed with the House Ethics Committee on September 12, 2016; a list of the 20 largest investors in Innate dated January 17, 2017; and a stock price history of Innate.
I wish to turn to the issue of misleading testimony. What remains unresolved are major inconsistencies between Congressman Price's testimony to the Finance Committee, statements by Congressman Collins, and statements by Innate's CEO Simon Wilkinson published last week in the Wall Street Journal.
Simply put, Innate's chief executive and Congressman Collins, the company's top shareholder, provided one version of events to one of the world's most respected newspapers. Congressman Price provided a different version of events to the Finance Committee and the Health committee. These inconsistencies are among the reasons that Democrats boycotted last week's Finance Committee markup. The Senate has an obligation to know the truth about these transactions in order to protect the integrity of this body and its constitutional duty to consider executive branch nominees.
Now, with respect to exclusivity of the sale, Congressman Price told the Finance Committee that the August sale was available to all Innate shareholders, which contradicts what Innate's management told the Wall Street Journal. Congressman Price was definitive in his response to my question during the hearing.
Reading back the transcript, I said: ``Well, you purchased stock in an Australian company through private offerings at discounts not available to the public.''
Here is Congressman Price's response: ``Well, if I may, those--they were available to every single individual that was an investor at the time.''
That is not what Innate executives told the Wall Street Journal. Here is an extended passage from the Wall Street Journal:
Rep. Tom Price got a privileged offer to buy a biomedical
stock at a discount, the company's officials said, contrary
to his congressional testimony this month. . . .
The cabinet nominee is 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 fellow Congressman. .
. .
At Mr. Collins' invitation, Mr. Price in June ordered
shares discounted in the private placement at 18 cents
apiece, and then more in July at 26 cents a share, Mr.
Collins said in an interview. Those orders went through in
August, after board approval. Mr. Price invested between
$50,000 and $100,000 according to his disclosure form. . . .
Mr. Wilkinson said investors who had bought in a previous
private placement were called to ``make friends and family
aware of the opportunity. . . . We are always looking to
increase our shareholder base. But those new parties have to
meet the definition of sophisticated financial investor.''
Only six U.S. investors, including Mr. Price, fell into the
friends-and-family category, Mr. Collins said. About 10 more
U.S. investors were offered discounted shares by the company
because they previously had been invited to partake in
private placement offerings.
In other words, Congressman Price not only got a deal that wasn't publicly available, he was in a special group of six investors in a special category called ``friends-and-family,'' whereas other American investors got in on the private deal because they previously participated in the company's private placements. Congressman Price bypassed that requirement. He got in as what could only be called a special guest--a ``friends-and-family'' guest of his House colleague, Congressman Collins.
As I mentioned earlier, when I asked the company how Congressman Price was able to get this special status, the company refused to provide an explanation. The Wall Street Journal also reported a key distinction between U.S. investors and the company's shareholders in Australia and New Zealand. The paper reported:
The discounted stock offered in Innate Immuno, as the
company is known, was made to all shareholders in Australia
and New Zealand--but not in the United States, according to
Mr. Collins and confirmed in a separate interview with Innate
Immuno CEO Simon Wilkinson.
The Wall Street Journal's account is supported by company documents, specifically a ``Rights Issue Booklet'' that Innate published on June 10, 2016. The booklet noted that the shareholders would buy one new share for every nine shares they already own. The booklet noted that the shareholders would have ``the option to pay for their new shares in either Australian dollars or New Zealand dollars.'' The booklet goes on to describe the private stock sale in which Congressman Price participated. I will read briefly from the book:
In conjunction with this rights issue, Innate announced
that it also completed a private placement at an issue price
of U.S. 18 cents, raising U.S. $1.8 million.
The booklet states clearly that the private placement was announced on the June 10, 2016, the same day Innate announced the rights issue for investors in Australia and in New Zealand.
Our staff has reviewed all of the company's publicly available documents and found no similar advertisements for the private placement to American investors. So this paper trail pokes more holes in Congressman Price's argument that the private stock sale was open to all the company investors.
First off, the company didn't announce the existence of the private sale until after it already had been completed. So unless an investor was on the company's short list of go-to people, they were just excluded.
Second, the company's documents clearly show that Congressman Price and other participants in the private stock sale were able to buy far more discounted shares than the company's typical investors. Innate documents showed that the company restricted the number of shares the typical investor could buy in the rights issue to just one new share for every nine they already owned. No such limit appears to have been imposed on Congressman Price and the other American participants in the private stock sale. In fact, Congressman Price owned just over 60,000 shares at the time of the sale. His participation in the private stock sales allowed Congressman Price to buy 400,000 more shares. If Congressman Price had been held to the same rules as everyday investors, he would have been restricted to buying less than 7,000 shares.
The bottom line to me is what Congressman Price said was untrue. The deal Congressman Price got was not open to every other shareholder. And again, when I sent a letter last week to the Innate CEO, asking him to explain all of this, he declined. He told my staff that as an Australian firm, the company had no obligation to cooperate.
So to recap, Congressman Price told the Finance Committee and the Health Committee that the stock sales he participated in were open to all shareholders. That is not true. The private sale does not appear to have been widely marketed to American investors and was certainly not advertised in the company's public documents. The private sale reportedly included less than 20 American investors. Congressman Price was part of an even smaller subgroup known as friends and family, invited by other investors--in this case, by his House colleague, Congressman Collins. How many people were eligible to be in the friends and family group? Just six.
That brings me to the next issue, which is, How did Congressman Price learn about the special sale in the first place? Congressman Price told the Finance Committee his conversations with Congressman Collins had no influence on his investment decisions.
I am going to again quote from his written response to questions for the record asking Congressman Price to describe the communications with Congressman Collins regarding Innate. Congressman Price said:
I had a conversation with Representative Collins in the
fall of 2014 that brought Innate as a company to my
attention. The nature of the conversation did not, however,
influence my decision to invest in the company in either 2015
or 2016. I believe I had subsequent general communications
with Representative Collins regarding Innate. I do not have a
specific recollection of when those conversations occurred or
their substance. Any such communications did not impact my
investment decisions, however, because my
purchases of Innate were based solely on my own research.
I am going to quote again from the Wall Street Journal:
Mr. Price got in on the discounted sale after Mr. Collins
filled him in on the company's drug trial, according to Mr.
Collins. Mr. Collins said he told Mr. Price of the additional
private placement. He said Mr. Price asked if he could
participate in it. ``Could you have someone send me the
documents,'' Mr. Collins recalled Mr. Price asking him.
Congressman Price wants us to believe that Congressman
Collins had no influence on the decision to buy Innate stock.
But Congressman Price would not have known about the company
in the first place if he hadn't talked to Congressman
Collins, and he wouldn't have known about the private
placements without hearing about them from Congressman
Collins.
Congressman Price characterizes his conversation with Congressman Collins in 2015 and 2016 as being general in nature. But again, according to the Wall Street Journal, Congressman Collins, one, told Congressman Price about the upcoming drug trial; two, alerted him to the private stock sale; and three, arranged to ensure that he could participate. To me, this seems like more than ``subsequent general communications with Congressman Collins regarding Innate'' as Congressman Price put it in his written response to the committee.
With respect to reporting to the committee and the Office of Government Ethics, I would just say that I think I described issues-- ethical issues--that are serious enough on their own. However, it took no small amount of effort to unravel Congressman Price's holdings in the company because he failed to fully disclose them to Federal ethics officials, the American people, and the Finance Committee. I don't believe this issue would have ever come to light if it were not for the work of the committee's minority investigations team.
On February 7, 2 days ago, Congressman Price sent a letter to the independent Federal ethics officials at the Office of Government Ethics that amended his original public ethics disclosure. This letter confirmed the suspicions of Finance Committee Democrats that Congressman Price's original ethics disclosure to the public understated the value of his Innate stock holding by roughly a quarter of a million dollars. Put another way, his stake in Innate was more than five times the figure initially reported to the American people.
Congressman Price's original disclosure reported that he owned less than $50,000 in Innate stock. At the time the disclosure was filed, by my calculation, his shares had a value of more than $250,000. Today his stake is valued at more than $300,000. Quite simply, it appears the shares he bought in the private stock sale in 2016 were excluded entirely from the Congressman's financial disclosure to the Office of Government Ethics. And because it is the Office of Government Ethics disclosure that is posted on a public Web site so the public can see the investment ties and investments the President's nominees hold, the American people, too, were kept in the dark about how much stock Congressman Price held in this company.
In addition, the Congressman was also less than forthcoming in his disclosure of the value of Innate holdings to the Finance Committee. In his response to the committee questionnaire, Congressman Price valued Innate stock he bought in the private sale between $50,000 to $100,000. However, that amount was based on the $84,000 discounted price the Congressman paid to buy his stocks in the August private stock sale. It was not based on the actual value of the stock on the Australian stock exchange--the true value of his holdings.
By December, when he made his disclosure to the Finance Committee, the stock price had nearly tripled and the shares he bought in those private sales were worth nearly $230,000. In other words, he told the committee that his private purchases were less than half the value they really were.
Mr. President, I ask unanimous consent that the following items be printed in the Record: a memo from Finance Committee Staff to the Finance Committee, dated January 23 of this year, and a letter from Congressman Price to the Office of Government Ethics dated February 7, 2017, amending his public ethics disclosure.
I also refer my colleagues to the following documents: an announcement by Innate on June 10, 2016, entitled ``Private Placements and
Rights Issue to Raise Additional Working Capital,'' and the Public Financial Disclosure Report signed by Congressman Price on December 15, 2016, that was filed with the Office of Government Ethics.
I want to take a minute to return to the Innate company itself. I noted earlier that the company has put on a full court press to defend Congressman Price in recent weeks, as details of his special deal have come to light.
I am going to describe why that might be. Innate's executives have sought to portray the company as being a small firm from Down Under that has been inadvertently caught in political crossfire on the other side of the world. But the fact is that Innate has longstanding connections to Congressman Collins and his inner circle, a circle that includes Congressman Price. As the Australian City Newspaper wrote this week, ``Mr. Collins, his children and his `intimate political allies' and donors controlled at least 27.25 percent'' of Innate's voting shares.
Then there is the baffling assertion mailed by Mr. Wilkinson, the CEO, that he only recently learned of Congressman Price's existence through news articles. This is a stretch to believe and flies in the face of Congressman Price's own testimony.
On January 13, the New York Times reported:
Mr. Wilkinson and Michael Quinn, Innate's chairman, said
they had never heard of many of the company's more prominent
investors, and said they first learned that Mr. Price had
invested in the company from an article in the Wall Street
Journal, which first reported his investment.
On February 5, Mr. Wilkinson, the CEO of Innate, told the Buffalo News, ``I think the first time I heard that a gentleman named Tom Price had invested was after the U.S. media started reporting it.''
But Congressman Price was quite clear that he had communicated with Wilkinson. In written testimony, responding to questions for the record, he said: I also communicated with Simon Wilkinson of Innate regarding my interest in participating in the 2016 private placement of company stock. According to Innate's Web site, Mr. Wilkinson is currently the managing director and CEO of the company.
Congressman Price's name was also listed twice in the documents of the company, which reported the private stock sale participants to the Australian stock exchange last summer. Congressman Price also appeared to have bought nearly 5 percent of the discounted shares made available in the private stock sale. Given all that, it seems difficult to believe Mr. Wilkinson's story that he had no idea who Congressman Price was.
Finally, The Australian, the Sydney paper I just mentioned, reported on Monday that Innate and Congressman Collins are facing questions about possible violations of Australia corporation law with regard to his holdings in the company. So why does this matter? It matters because a nominee to be a Cabinet Secretary, Congressman Price, was brought into this web of questionable stock transactions and obfuscations about just how special the special deal he really got was by a company insider, his friend, Congressman Collins.
As I get ready to close, I refer my colleagues to the following articles and documents: ``Congressman Collins under fire for `suspicious' stock trades,'' published in the Buffalo News on January 17 of this year; ``Collins shared biotech stock news with big Buffalo names,'' again from the Buffalo News on January 19; ``Collins' controversial stock venture could be boom or bust,'' from the Buffalo News on February 5 of this year; the Notice of Innate's 2016 Annual Meeting and Explanatory Statement filed on July 29 of 2016; documents filed by Innate on September 12, 2016, and September 26, 2016, reporting results of the 2016 private stock placement.
As we close, I want to return to section 3 of the STOCK Act. It says:
Members of Congress . . . may not use nonpublic information
derived from such person's position . . . or gained from the
performance of such person's official responsibilities as a
means for making a private profit.
So did Congressman Price have access to nonpublic information about Innate or its private stock sale because of his position as a Member of Congress? I believe the answer is yes.
Did he get special access to the discounted private sale because of his position? I believe the answer is yes.
Does he stand to profit because of the information or access he may have received? I believe the answer is yes.
Finally, did Congressman Price tell the Finance Committee and the HELP Committee the truth about how he learned about the private stock sale and the ability of average investors to participate? Congressman Price told the Finance Committee and the HELP Committee that the special stock deal he got in on was open to everyone.
According to the Wall Street Journal and company documents, that is not true. The deal he got was clearly different than what was offered to everyday investors. According to the Journal, his previous purchase of Innate stock did not qualify him to participate in the private placement without being a specially invited friends and family guest. This arrangement allowed Congressman Price to buy more shares than other investors were allowed to buy.
Congressman Price told the Finance Committee that his conversations with Congressman Collins, again, a director of the company, its largest shareholder, had no influence on his investment decisions. According to the Journal, this is not true. The Journal report made clear that Congressman Collins told him about the upcoming drug trial, alerted him to the private stock sale, and arranged to ensure he could participate.
Now the majority party has shut down the vetting process, allowing Congressman Price's nomination to reach the floor before all the facts have come into view. I believe the Senate can do better. It needs to do better. The American people are owed better.
I thank my colleagues, particularly Senator Reed, for his patience and his courtesy.
I yield the floor.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, the debate on Congressman Price's nomination, in my view, is a referendum on the future of health care in America.
On this side of the aisle, we think it is worth spending 30 hours talking about a subject this important to our people. My view is that this is about whether the United States is going to go back to the dark days when health care worked only for the healthy and the wealthy.
Based on the public record, Medicare is a program Congressman Price does not believe in, and it offers a guarantee of services he doesn't believe seniors should have.
On the Affordable Care Act, he is the architect of repeal and run. He wrote the bill himself. He proposed weakening protections for Americans with preexisting conditions. He would shred the health care safety net--Medicaid--for the least fortunate among us. He would take away health care choices for women, particularly the opportunity to go to the physician that they trust.
As we wrap up and get ready to vote, think about the common thread among these proposals: They take away coverage from our people, make health care coverage more expensive for millions of people, or both. That is what Congressman Price stands for when it comes to health care. Every Senator who casts a vote for Congressman Price has to stand by that agenda.
Beyond what this means for the future of American health care policy, there is the lingering spectre, as I have discussed tonight in detail, of serious legal and ethical issues. Congressman Price got special access to a special deal on stock in an Australian biomedical company. He claimed multiple times before Senate committees that the deal he got on discounted company stock was open to all shareholders. All the evidence--all the evidence--says that this is untrue.
First, he had to go through the back door to get access to the discounted price. He got a special friends-and-family invite from his colleague in the House, Congressman Chris Collins, the company's top shareholder and a member of its board.
Second, rules that apply to other investors didn't apply to Congressman Price. Other shareholders were bound by a limit. They were able to buy one discounted share for every nine they already owned. That would have allowed Congressman Price to buy just 7,000 discounted shares. He bought 400,000 discounted shares. In my view, he can't get around that. That is the definition of a special stock deal.
The Congressman introduced legislation that would have lowered the tax bills of three major pharmaceutical companies in which he owns stock. He invested $15,000 in a medical equipment company and then introduced legislation to increase the amount Medicare pays for that type of equipment. Parts of his bill went on to become law. He bought thousands of dollars' worth of stock in a company called Zimmer Biomet less than a week before introducing legislation that had the potential to drive up the value of those shares. Now he has argued that he didn't purchase the stocks; his broker did. But at the very least, he would have known about those deals within days of the purchase when he filed the periodic transaction reports in the House. Under his brokerage agreement, he could have quickly resold the stock, but he did not. Furthermore, he didn't consult with the Ethics Committee regarding any of the trades I have spoken about as directed by the House Ethics Manual.
As I wrap up, I want to put a human face on why so many Senators on this side of the aisle have come to the Senate floor to speak so passionately about their grave concerns with this nomination. Nothing sums up our concerns more clearly than a line from an op-ed Congressman Price wrote in 2009 that discusses Medicare. His quote speaks volumes about his perspective on this program.
It is a lifeline. I first became acquainted with it back in the days when I was codirector of the Oregon Gray Panthers, ran the legal aid program for older people. I saw then that seniors were walking on an economic tightrope, balancing their food bill against their fuel bill, their fuel bill against the rent bill. They saw Medicare as one of the great achievements in American policymaking.
Here is what the Congressman wrote--his words, not mine: ``Nothing has had a greater negative effect on the delivery of health care than the federal government's intrusion into medicine through Medicare.'' When I read that, I was reflecting on my Gray Panther days, and I think a lot of other Senators go back working with community organizations. We just heard a wonderful presentation from Senator King, who was also a legal services advocate.
Before Medicare, before this program that Congressman Price thinks is such a negative intrusion into medicine, a lot of older people were warehoused in poor farms. I am absolutely certain that Congressman Price doesn't want to go back to those days, but when he speaks about the involvement of Medicare in American health care as though a plague has descended on the land, we just have to question his commitment to a program that has become a lifeline to millions of older people.
The fact is, Medicare has always been a promise. That is what we said back in the early days with the senior citizens. Medicare was a promise. It was a promise of guaranteed benefits. Again, based on the public record, Medicare is a program Congressman Price doesn't believe in, and it offers a guarantee of services he doesn't think seniors ought to have.
He has said he wants to voucherize the program within the first 6 to 8 months of the administration. What we are talking about when you want to do that is you are breaking the promise of Medicare. You are breaking the promise of guaranteed benefits, and you are going to sort of hand people a piece of paper and say here is your voucher, I
hope it works for you. If your medical expenses are greater than your vouchers, that is the way it goes, tough luck.
The price budget cut Medicare by nearly $1 million. By the way, that is exactly the opposite of the Trump pledge, not to cut Medicare that the American people heard on the campaign trail. There is a big gap between what President Trump said about Medicare and the bills and legislative efforts of Congressman Price in the other body--big gap. That is why it sure looks to me like the promise of Medicare is one that Congressman Price would break.
By the way, we all ought to understand that if confirmed, Congressman Price would be the captain of the Trump health care team. What he says matters, and what he offered--legislatively, his positions and his votes. He voted again and again to repeal the Affordable Care Act.
It really matters what his past record is. If past is prologue, it is certainly relevant. It really matters. He was the architect of what amounted to repeal and run. He wrote legislation creating loopholes in the protection for those with preexisting conditions, and the big beneficiary there was clearly the major insurance companies.
Women would find it much harder to make the health care choices they want and see the doctors they trust if the price proposals were lost. Medicaid pays 65 percent of the nursing home bill in America. And on this side of the aisle, we are going to fight Congressman Price's block grant proposals that are going to put seniors at risk.
I am going to close with this. I always hope I am wrong when I raise the prospects of real threats to the welfare of the American people because the reason public service was important to me was because of those first days with the Gray Panthers. I never thought I would have that kind of wonderful opportunity; that I would have had this opportunity for public service. For me and so many on this side of the aisle--I see my colleagues who have been active in their communities-- this has always been about the welfare of the American people. That is what it is about--all those faces we see when we are home, having community meetings and getting out with our people.
The public record in this case indicates that as Secretary of Health and Human Services, Congressman Price would, in fact, be an extraordinary threat to seniors on Medicare, vulnerable older people who need Medicaid for access to nursing homes, millions of kids for whom Medicaid is the key to a healthy future, and women across the country who have a right to see the doctors they trust.
I am going to oppose this nomination. I urge my colleagues to join me in opposition.
Mr. President, I wish to take a few minutes to address Congressman Price's stock purchases. At best, this is behavior that cuts ethical corners. At worst it is dangerously close to outright insider trading. Congressman Price has a lot of questionable trading activity. He introduced legislation that would lower the tax bills of three major pharmaceutical companies he owned significant amounts of stock in. He invested $15,000 dollars in a medical equipment company then introduced legislation to increase the amount Medicare pays for that type of equipment. Parts of his bill went on to become law.
But let's look at one investment in particular, Congressman Price's investment in Zimmer Biomet. Zimmer is a medical device company that specializes in joint replacements, including knee, hip, shoulder, and foot and ankle replacements.
Hip and knee replacements are high cost procedures, and they are two of the most common procedures performed on Medicare patients. According to CMS, more than 400,000 hip and knee replacement procedures were performed in 2014, costing more than $7 billion for the hospitalizations alone. Despite the high frequency of these surgeries, costs vary widely across geographic areas, and complications like infections or implant failures after surgery can be three times higher at some facilities.
In November 2015, in an attempt to incentivize higher quality procedures for Medicare recipients and control the cost of these replacements, CMS finalized a new pricing model slated to be implemented in April 2016. This new pricing model was a cost-bundling payment model; instead of Medicare paying for each individual service, Medicare reimburses hospitals with a single lump-sum payment, allowing hospitals to coordinate overall care for the patient.
These changes were designed to incentivize improved care for patients, lowering costs and improving quality. However, according to independent analysts, medical device companies, especially those who specialize in orthopedic implants, could face ``material headwinds'' from the new pricing model since hospitals facing reimbursement pressures are likely to pass some of that burden onto those device companies.
In September 2015, Congressman Price led an effort to send a letter from members of the House of Representatives to CMS challenging many of the features of the CMS proposal. A copy of the letter, dated September 21, 2015, is available on the Congressman's website.
This is where Zimmer Biomet comes in. Zimmer is a medical device manufactrurer with significant exposure to the new pricing model. According to analysts, over 60 percent of Zimmer's revenues come from hip and knee devices, and the CMS guidelines had the potential to significantly affect the company's profits.
On March 17, 2016, a few weeks before the CMS model was set to go into effect, Congressman Price bought thousands of dollars worth of Zimmer Biomet stock through his brokerage account. On March 23, 2016, less than a week later, Congressman Price introduced H.R. 4848, the ``HIP Act,'' which would have delayed the implementation of CMS regulations for Medicare coverage of joint replacements.
Let's pause right here. In 2016, Congressman Price had a financial stake in one of the companies that stood to benefit most from the legislation he was promoting. Those basic facts are not in dispute. Congressman Price introduced legislation that had the potential to add to his personal fortune.
Now, various arguments have been made, by Congressman Price and others, to defend this activity. First is the argument that there wasn't much money at stake, just a few thousand dollars. But the truth is a few thousand dollars is a lot of money to a lot of Americans. An unexpected medical bill that size could have a serious effect on many Americans and the person in charge of our health care system should take that amount of money just as seriously.
Second, there is the argument that he didn't purchase the stock; his stockbroker purchased it. I am going to return to that issue in more detail in a moment, but one thing is clear. That is the fact that Congressman Price knew this stock had been purchased in his name, in his account, within a matter of days.
On April 15, 2016, Congressman Price filed what is called a Periodic Transaction Report which Members of Congress are required to do within 30 days of reportable stock purchase. Not only did Congressman Price file a report that he had purchased Zimmer Biomet along with dozens of other stocks, he initialed the entry for Zimmer Biomet in order to correct a mistake on the document; a correction making it clear that the Zimmer Biomet transaction was a stock purchase.
There is also the question of whether this activity violated House Ethics rules. Congressman Price also said, in answer to written questions, that ``no conflict existed and no consultation was necessary.'' He also said, ``Throughout my time as a Member of the [House], I have abided by and adhered to all ethics and conflict of interest rules applicable to me.''
He gave the same answer regarding three other bills that appear to conflict with investments he held: H.R. 4185, the Protecting Access through Competitive-pricing Transition Act of 2015, the PACT Act; H.R. 5400, a bill pertaining to tax rates in Puerto Rico, which would have likely impacted drug manufacturers he owned Eli Lilly, Bristol Myers Squibb, and Amgen; H.R. 5210, the Patient Access to Durable Medical Equipment (PADME) Act of 2016.
Let's go through that in some detail.
It is true that the House Ethics rules, like the Senate Ethics rules, allow a
member to cast a vote on a matter relating to a company in which he or she owns stock. However, that standard only applies to casting votes. If you do more, and become an active advocate of a bill that could benefit a company that you own stock in, a different standard applies.
On page 237 of the House Ethics Manual, it says that before undertaking active advocacy of legislation that will benefit a company in which a member owns stock, such as before introducing a bill, ``the Member should first contact the [Ethics] Committee for guidance.''
The Ethics Manual is crystal clear. If you go beyond voting, and you are actively pushing a bill that would benefit a company in which you own stock, you should consult with the Ethics Committee.
Congressman Price did not consult with the Ethics Committee regarding any of these trades.
In a written question, I asked Congressman Price about this. I asked whether, in light of the House Ethics Manual's recommendation, he had consulted with the Ethics Committee regarding his purchase of Zimmer Biomet and other stocks. He did not answer the question. Instead, he resorted to the same talking point--that the Zimmer Biomet stock was purchased by his broker and that there was not need to consult because there was no conflict.
By my reading, this interpretation is flat wrong. Under the House Manual, he should have consulted with the Ethics Committee.
To be clear, the Ethics Committee might have concluded that it was a relatively small purchase, and that Congressman Price's advocacy was consistent with his longstanding position, and therefore that it was fine for him to go ahead and purchase the stock and then introduce the bill. On the other hand, the Ethics Committee might have reached a very different conclusion. It might have advised him to refrain from purchasing the stock.
The public will never know, because he didn't ask. Despite the clear guidance in the House Ethics Manual, he didn't even ask. And now the majority party is carrying his nomination toward the finish line.
Apart from conforming with House Ethics rules, there is also the question of whether Congressman Price's activity violated insider trading laws. Lawmakers in both the House and the Senate have a duty of public trust. The STOCK Act, which Congressman Price and I both voted for in 2012, and longstanding SEC rules denote that Members of Congress have a fiduciary duty to the American people. What that means is that we will use the public power we've been granted to benefit the interests of all Americans. The SEC's Rule 10b5, in particular, prohibits the purchase or sale of stock on the basis of material nonpublic information.
As a threshold matter, Congressman Price claims that insider trading laws don't apply to him because the Zimmer Biomet stock was purchased by his broker without his knowledge. But as I've discussed at length, this argument is a red herring because Congressman Price did have knowledge of these trades. He submitted signed records of the trades shortly after they were made. Furthermore, the laws related to insider trading give clear guidance on how to trade through a broker without violating insider trading laws. And just as with the House Ethics rules, when faced with clear guidance on how to manage conflicts of interest, Congressman Price chose not to follow it.
Whether those stocks were purchased directly or through a broker is not, by itself, a defense to insider trading. According to SEC rules, Congressman Price and his broker needed to agree to a ``written plan for trading securities'' that does not ``permit the person to exercise subsequent influence over when, how, or whether to effect purchases or sales of securities.'' So, if Congressman Price had, in writing, given his broker complete control over his portfolio we wouldn't be discussing this issue today. But he did not do so.
Congressman Price returned to the ``my broker did it'' defense for weeks before finally providing the Finance Committee with an excerpt of his brokerage agreement.
Here's what it says:
In the Portfolio Management (``PM'') program, a Financial
Advisor(s) who meets the program certification requirements
manages your assets on a discretionary basis. In other words,
your Financial Advisor, and not you, has the discretion to
decide what securities to buy and sell in your account. This
discretion is subject to the parameters described below and
your ability to direct a sale of any security for tax or
other reasons.
In the course of our investigation, committee staff spoke with experts, and they confirmed what seems obvious from the plain language of the text. This agreement does not hand over complete control of Congressman Price's portfolio to his broker. His agreement with his broker simply does not shield him from insider trading laws, no matter how many times he tries to say it does.
This isn't a question of whether Congressman Price followed the technical letter of the law, he didn't follow it in spirit either. Congressman Price could direct his broker to make trades when he wanted to, and he did. Case in point, when Congressman Price wanted to act on a stock tip from Congressman Collins, he called up his broker and had her buy shares of an Australian biomedical firm called Innate Immunotherapeutics.
Another question raised by Congressman Price's conflicts of interest is whether they go beyond a violation of the public's trust and constitute an outright violation of insider trading laws. That question cannot be answered today. We have seen that time and time again that Congressman Price purchased stocks then turned around and promoted legislation that would help those companies, and his investments in them. What is not clear is whether the introduction of this legislation meets the legal standards of being ``material'' and ``nonpublic.'' Neither case history, nor the legislative history of the STOCK Act provide clear guidance on when pending legislation is material and nonpublic.
The bottom line is that Congressman Price's activities are in uncharted waters. That is why the public and members of this body ought to be outraged that the majority party has cut off the vetting process and rushed this nomination toward completion.
In my view, because of how this nomination was handled, the Senate Finance Committee has set a double standard. If you look to the recent past at the nominations of Senator Tom Daschle, Secretary Tim Geithner and Ambassador Ron Kirk at the outset of the Obama administration, the vetting process was extremely thorough and bipartisan. The committee turned over every stone, peered around every corner and followed every lead to its conclusion. Now, when a glaring issue comes up that undeniably deserves investigation, the party in power has shut down the vetting process. The Finance Committee and the Senate ought to do better.
I yield the floor.
I suggest the absence of a quorum.