Madam Speaker, I thank the gentlewoman for yielding me the customary 30 minutes, and I yield myself as much time as I may consume. Madam Speaker, today, we are considering a bill that appropriates a little over $17 billion for disasters…
Madam Speaker, I thank the gentlewoman for yielding me the customary 30 minutes, and I yield myself as much time as I may consume.
Madam Speaker, today, we are considering a bill that appropriates a little over $17 billion for disasters affecting all parts of the United States.
As Members of Congress, we are elected to serve the people, and part of that duty is providing emergency aid when disaster strikes. I am supportive of disaster relief, and we certainly could have provided this crucial aid months ago. At this time, our communities are still in need.
This is the third time that the House will consider a relief bill to address the same set of disasters.
On 20 December 2018, the House of Representatives passed a continuing
resolution to fund the government through February 8 that also included almost $8 billion of disaster relief funding, but this bill did not become law.
On January 16, 2019, the House passed a supplemental appropriations package that would have provided a little over $12 billion in aid. But at the last minute, during Rules Committee debate, Democrats added a short-term, full-government continuing resolution through a manager's amendment that did not include President Trump's request for border security funding. As a result, the government remained closed without providing a resolution to the problem.
It has now been 4 months since the House last considered providing disaster aid, long enough that additional disasters have struck our country, necessitating an increased number.
The bill before us seeks to provide relief funding for Hurricanes Michael and Florence, as well as continued support for Hurricanes Harvey, Irma, and Maria. The wildfires in California will be included in this supplemental, as well as the severe storms and flooding in multiple States, including Texas; the Alaska earthquake; Typhoons Yutu and Mangkhut in the Northern Mariana Islands and Guam; Tropical Storm Gita in American Samoa; volcanic eruptions in Hawaii; and devastating floods across the Midwest.
This third iteration of disaster relief legislation is similar to a bill passed by the House in January of this year, with an additional $500 million for the Department of Agriculture's Emergency Conservation Program to rehabilitate damaged farmland; $1.5 billion for the Army Corps of Engineers for projects and flood mitigation; and $1 billion for the Community Development Block Grant Disaster Recovery account for rebuilding houses, businesses, and public infrastructure. The bill also includes $600 million for disaster nutrition benefits in Puerto Rico as that island recovers from Hurricane Maria.
The President has expressed concern about Puerto Rico's management of the billions of disaster aid the island has already received. Senate Republicans are negotiating with the White House on a compromise, but Democrats have decided to continue pushing this legislation forward without engaging the other two parties that would be required in order for the bill to become law.
This bill also includes language prohibiting any funds from being used for the construction of a border wall. The crisis on our southern border is not a natural disaster; it is a humanitarian and security disaster, one that we can stop and take steps to prevent in the future. But the Democrats refuse to accept that our Customs and Border Protection and Immigration and Customs Enforcement officers are overwhelmed, that our Office of Refugee Resettlement facilities are near capacity, and that our immigration judges are facing years of backlogged cases.
This is a disaster that we can do something about now. Rather than negotiate in good faith, Democrats have chosen once again to bring up a bill that will not pass the Senate.
I am disappointed that these controversial provisions are included in the bill. It does beg the question: When are we going to get back to the business of legislating?
As an aside, I would note that the House adjourned yesterday at 2 o'clock in the afternoon, plenty of time to continue working on some of these problems. For whatever reason, we decided not to do that.
The second bill under consideration, H.R. 986, is supposed to protect Americans with preexisting conditions. It has a very catchy title. Despite that catchy title, the bill does nothing to enhance preexisting condition protections under the Affordable Care Act.
The first vote that Republicans called this Congress was a motion to require legislation protecting individuals with preexisting conditions. Rather surprisingly, the Democrats voted against that previous question, blocking the motion.
In 2017, as part of the proposed replacement for the Affordable Care Act, Republicans included legislation that would have preserved access for those with preexisting conditions. Again, this was not supported by House Democrats.
H.R. 986 eliminates healthcare choices for States by infringing upon the authority that was given to the Department of Health and Human Services under the Affordable Care Act. Section 1332 of the Affordable Care Act established the Waiver for State Innovation. This allowed States to waive certain ACA regulations in order to provide flexible coverage through new State healthcare programs.
The Secretary of the Department of Health and Human Services was required to promulgate regulations for the granting of these waivers, maintaining that new State health programs stay within the guardrails provided by law.
My constituents of north Texas are consistently concerned about not having access to affordable healthcare. I take meeting after meeting with families who say they are suffering from the high cost of healthcare and prescription drugs, deductibles, and copays. Texans are struggling to afford their health insurance, and I am sure we are not the only ones experiencing these premiums and deductibles.
What good is health insurance if you are afraid to use it because you cannot afford your deductibles and copays? This is an issue that I would like to see us tackle, yet we are here today discussing a bill with a very misleading title that would take flexibility away from States.
During the Rules Committee hearing on Tuesday, we discussed innovative strategies for providing high-quality and affordable health insurance, expanding consumer choice, and some of the positive results for States that have implemented these waivers. In no way did we discuss removing ACA protections for people with preexisting conditions. In fact, I pointed out that the Centers for Medicare and Medicaid Services' Administrator Seema Verma stated in her remarks at the CMS National Forum on State Relief and Empowerment Waivers that ``a waiver cannot be approved that might otherwise undermine these protections.''
Yet Democrats have titled this bill ``Protecting Americans with Preexisting Conditions Act of 2019.'' This is clearly an attempt to coerce Members of Congress into voting for a bill that actually scales back the guidance recently issued for the application of State innovation waivers.
Energy and Commerce Committee Ranking Member Greg Walden offered an amendment to more appropriately title the bill ``This Bill Has Nothing to do with Protecting Americans with Preexisting Conditions Act.'' I hope this amendment will alert Members to the partisan wordplay of the Democrats when we should be focusing on improving the health insurance marketplace.
Taking flexibility away from States is one step closer to a single- payer, government-run healthcare system. This single-payer, government- run healthcare system would only further deteriorate our Nation's healthcare.
The Affordable Care Act was one step in that direction. While it is clear that the Affordable Care Act has proven to be nothing like affordable for Americans, section 1332 waivers would have allowed States the flexibility to employ innovation that works for their citizens.
To date, eight States--Alaska, Hawaii, Maine, Maryland, Minnesota, New Jersey, Oregon, and Wisconsin--have approved State innovation waivers, and seven have created their own reinsurance programs. Premiums in these States--and this is important--premiums in these seven States were almost 20 percent lower, on average, in the first year of enactment. Maryland saw the greatest percent change, with the average individual market premium coming down by more than 40 percent, 43.4 percent, to be precise.
Again, section 1332 of the Affordable Care Act explicitly gives the Department of Health and Human Services the authority to provide guidance surrounding these innovation waivers. As more States submit applications, the administration has learned more about what hurdles States must traverse in order to obtain these waivers.
One limit to a State's ability to apply for an innovation waiver is that the State must have already enacted a State law establishing authority to pursue and implement the waiver. For a State like Texas, where the State legislature meets only every 2 years, this can be a substantial barrier.
The recent Trump administration guidance provides clarity, stating that,
in certain circumstances, existing State legislation coupled with a duly enacted State regulation or executive order could satisfy this requirement.
This guidance, the 1332 guidance, removes some hurdles while maintaining the integrity of the coverage guardrails established by law. Those statutory requirements maintain that coverage must be as comprehensive as coverage would have been absent the waiver, provide cost-sharing to protect against excessive out-of-pocket spending, cover a comparable number of residents, and not increase the Federal deficit.
I would like to reiterate that this is a misleading bill title and that H.R. 986 will restrict healthcare choices for States.
Once again, we are using the valuable time on the floor of the United States House of Representatives to debate something that will not solve the issues of affordability in our Nation's healthcare system and really has no chance of becoming law. It is unfair to patients who are not going to the doctor because, on top of their monthly premiums, their deductible is so high that they cannot afford the visit.
We need a comprehensive solution to address the high patient out-of- pocket costs in our system. This bill moves us in the wrong direction. It will inhibit innovation and much-needed flexibility in our State insurance markets.
As a physician, I cannot support such a piece of legislation, so I will urge opposition to the rule.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, just a point of clarification. While our last vote was just after 2 p.m. yesterday, the House actually adjourned a little after 3 p.m. I did want to make that correction.
Madam Speaker, I yield 2 minutes to the gentleman from Pennsylvania (Mr. Meuser).
Madam Speaker, I yield myself 30 seconds to respond before I yield to the gentleman from Iowa.
Madam Speaker, last Congress passed the first comprehensive, stand- alone sickle cell bill for as long as I can remember. There was a partial reauthorization in 2004, signed by President Bush, that was part of a tax bill.
But Danny Davis' bill passed through our committee, passed through the Senate, and passed on the floor of the House in the previous Congress last year; and as a consequence, for the first time in four decades, new sickle cell therapies are coming through the National Institutes of Health.
Madam Speaker, I yield 1 minute to the gentleman from Iowa (Mr. King).
Madam Speaker, I yield myself 2 minutes for the purposes of a response.
First of all, I am grateful that the Texas Department of Insurance does provide that disclosure and transparency. That is a good thing. In fact, Chairwoman Eshoo, the chairwoman of the Health Subcommittee, when we were hearing bills on limited-duration plans, actually had a bill that would require such disclosure. For whatever reason, it was pulled from the markup that we had that day. I was perfectly prepared to support it, but, again, for whatever reason, the chairman of the committee pulled the bill and we did not get to have that debate or markup.
I also need to point out that our discussion today is not on limited- duration plans. I rather expect that there will be an opportunity to debate limited-duration plans. It may come up as early as next week, and I look forward to that debate. But it is also important to point out that these plans in Texas were permitted under the previous administration for the duration of 1 year.
So, again, the State commissioner of insurance is exactly right. He put those caveats up there so people can know what they are purchasing. I do believe
that is important. I think that is an important aspect of the job of the Texas Commission of Insurance. I wish other State commissioners of insurance would behave in a similar fashion.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I yield myself 2 minutes.
Madam Speaker, I want everyone to be clear here. This bill today is actually repealing part of the Affordable Care Act.
Look, I didn't vote for the Affordable Healthcare Act. I argued against it, passionately--articulately, I might add--but what does the Affordable Care Act say?
Well, it describes the object of today's legislation, the so-called section 1332 waiver.
Section 1332 is a section of the Affordable Care Act. And section 1332 is titled ``Waiver for State Innovation. In general, a state may apply to the secretary for the waiver of all or any requirements described.''
And this is interesting. ``With respect to health insurance coverage within that State for plan years beginning on or after January 1, 2017.''
The way the law was written, none of these waivers were given during the years that President Obama was President.
They only became eligible--the Secretary only became able to provide these waivers January 1, 2017, which was the last 3 weeks of President Obama's administration.
So when people say, the comparison between the waivers given in the Obama years and the waivers given in the Trump years are vastly different, well, it is true because no waivers were available prior to January 1, 2017.
Look, the Secretary of Health and Human Services has heard the angst that people have trying to deal with the high premiums--premiums, $600, $700, $800 a month for an individual, a deductible of $6,000 to $7,000, and the coinsurance, which runs the bills up so that their annual out- of-pocket costs may be somewhere between $10,000 and $20,000.
Many people point out to me, they spend more for health insurance-- not using anything, but just for the insurance--than they spend for their mortgage payment--not their mortgage insurance, but their mortgage payment.
But, please, let's do remember, 1332 is part of current law.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I yield myself 2 minutes for purpose of a response.
Look, it is not the Trump Administration that is taking money out of the Affordable Care Act and putting it to other purposes. It is clearly written into the law.
And, again, I didn't vote for this law. I voted against it. I argued against it, but the taking of advanced premium tax credits, cost- sharing reductions and small business tax credits under Section 36(b) of the Internal Revenue Code of 1986 under subpart (1)--blah, blah, blah--an alternative means by which the aggregate amount of such credits or reductions that would have been paid on behalf of participants in the exchanges established under this title had the State not received such a waiver, that amount shall be paid to the State for the purposes of implementing the State plan under the waiver.
So it is really pretty clear in the existing language of law. It is not the Trump Administration deviating funds, it was congressional intent. It was passed by this House of Representatives.
Again, I didn't vote for it. I wouldn't have defended it at the time. I didn't think it was a good idea then, probably not the greatest idea now. But the Secretary has this tool to use and he is responding to requests from people's constituents, do something about the high cost of my insurance, the high costs that I am required to spend in order to protect myself against the health catastrophe.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I yield 3 minutes to the gentleman from Alabama (Mr. Rogers).
Madam Speaker, I do have one additional speaker.
Madam Speaker, I yield 3 minutes to the gentleman from Georgia (Mr. Woodall), who is a valuable member of the Rules Committee, and gave us a stirring history lesson on the ERISA plans and how the protection from preexisting conditions actually goes back to 1996.
Madam Speaker, I yield myself the balance of my time.
Madam Speaker, if we defeat the previous question, I will offer an amendment to the rule to move a resolution that reinforces the Republican's long-held views that every American should have preexisting condition protections.
On the opening day of the 116th Congress, House Republicans brought a measure to the floor that called on lawmakers to legislate on locking in protections for patients with preexisting conditions. Unfortunately, in a fit of partisanship, House Democrats blocked that effort. If Democrats were serious, they would not object to making a statement on behalf of the House of Representatives that we want to work together with the administration to protect patients with preexisting conditions.
Our position is simple and clear. Republicans stand ready to protect those with preexisting conditions in a manner that will withstand judicial scrutiny, and I hope our Democratic colleagues will join us in that effort.
Madam Speaker, if the previous question is defeated, House Republicans will move to immediately consider a resolution that maintains that no American should have their health insurance taken away or lose protections for preexisting conditions due to the Democrats in Congress enacting an unconstitutional law.
It would instruct Congress and the Trump administration to ask the Supreme Court for a stay in the Texas v. United States decision, should the Affordable Care Act be found unconstitutional.
It would instruct Congress to develop bipartisan legislation that guarantees that no American citizen can be denied health insurance coverage or charged more due to a previous illness or health status.
It includes commonsense consumer protections, provides more choice and affordable coverage than the Affordable Care Act, lowers prescription drug prices for patients, strengthens Medicare for current and future beneficiaries, and rejects the Democrats' radical one-size- fits-all, government-run, Soviet-style, top-down healthcare scheme that would only outlaw the employer-based coverage of more than 180 million Americans.
Madam Speaker, I suspect our Democratic colleagues will vote against considering this resolution, so I must ask: Why are Democrats opposed to making a statement that the goal of the House of Representatives of the United States is to work together to protect coverage for patients with preexisting conditions? If that is not the goal, then what might it be?
Madam Speaker, I ask unanimous consent to insert the text of this amendment into the Record, along with extraneous material, immediately prior to the vote on the previous question.
Madam Speaker, again, I would reiterate that neither bill under consideration today has a chance of becoming law.
While I support funding for disaster relief, the Democrats chose not to negotiate with the Senate and included controversial positions.
As a result, we would likely be considering a disaster relief bill yet another time, and our hard-hit communities will continue to struggle without relief.
Once again, despite the title of H.R. 986, this bill will have no impact on protections for preexisting conditions for Americans with those conditions. It will simply overturn a regulation--overturns part of ObamaCare--it overturns a regulation that allows States to innovate in the Affordable Care Act marketplace, and that provides flexibility and consumer choice to healthcare consumers.
House Republicans continue to support preexisting conditions protections and have offered solutions to give patients this assurance. Republicans stand ready to work with Democrats in a bipartisan manner to pass these protections into law and also provide desperately needed disaster relief.
I look forward to when we can all gather around the negotiating table. I urge a ``no'' vote on the previous question, a ``no'' vote on the underlying measures, and I yield back the balance of my time.
Madam Speaker, on that I demand the yeas and nays.
Madam Speaker, on that I demand the yeas and nays.