Floor Statements

Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn, to then convene for pro forma sessions only, with no business being conducted, on the following dates and times, and that following each pro forma session, the Senate adjourn until the next pro forma session: Friday, May 26, at 8:45 a.m.; Tuesday, May 30, at 7 a.m.; and Friday, June 2, at 9 a.m. I further ask that when the Senate adjourns on Friday, June 2, it next convene at 3 p.m., Monday, June 5; that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and morning business be closed; finally, that following leader remarks, the Senate proceed to Calendar No. 107, S. Res. 176, as under the previous order.

Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that it stand adjourned under the previous order.

Mr. President, a new report released last night from the Department of Health and Human Services reveals startling new numbers showing just how substantial premium increases have been under ObamaCare. According to that report, average annual ObamaCare premiums have increased by nearly $3,000 since 2013, the year that most of the healthcare law's mandates and regulations actually went into effect. In other words, it is now clear that average ObamaCare plans on the exchanges more than doubled from 2013 until now. That is an increase of 105 percent, or nearly $3,000. These figures are based on the Obama administration's own data, but these exorbitant costs are just one part of the problem, to say nothing of the shrinking choices of insurers offering plans on the ObamaCare exchanges across the country.

Last week, our colleague from Iowa, Chairman Grassley, came to the floor and shared with us the story of the Tacoma Narrows Bridge, a bridge in Washington State that was, as he put it, ``set to fail from the very beginning.'' He told us how the bridge was built on a ``flawed design,'' how it ``self-destructed,'' and how it eventually ``collapsed.'' Much like that bridge, he said, ObamaCare is becoming ``its own bridge to nowhere with no insurance plan on its exchanges.'' Boy, he is right about that.

As time goes on, more Americans are finding themselves with fewer ObamaCare insurance options to choose from on the exchanges. Take a look at the map behind me, and you will see what I mean. On this map: Fewer choices: Number of insurers on the ObamaCare exchanges in 2017. What does it reflect?

In more than 1,000 counties across 26 States, families have only 1-- just 1--ObamaCare option to choose from in the marketplace. ObamaCare customers in five States have only one insurer left on the exchanges. As a recent article predicted, ``insurer choice in the ACA marketplace could hit an all-time low'' next year in 2018.

Let that sink in for a minute. Families across the country could experience ``an all-time low'' when it comes to their choices for ObamaCare plans next year. In other words, things are likely to only get worse. Still, despite all the news reports and the studies and the personal stories shared by constituents, some of our colleagues simply refuse to face the realities of this failed law.

Consider what we saw just yesterday, when a group of Democratic Senators held a press conference, essentially advocating for the ObamaCare status quo in rural America. But in case our friends missed it, I want to share a recent headline that reveals what ObamaCare's status quo has actually meant for families in these regions of the country. Here is what it read: ``Rural Shoppers Face Slim Choices, Steep Premiums On Exchanges.''

The article went on to cite a study showing that ObamaCare customers living in less populous areas of the country in 2017 ``frequently had just

one or two insurers from which to pick, and often faced significantly higher premiums than did people in more urban areas.''

Much like that dilapidated bridge Chairman Grassley described, ObamaCare is self-destructing all around us. We know things are likely to get worse unless we move beyond the failures of ObamaCare. In his home State of Iowa, more than 70,000 people are facing the harsh reality that they may be left with absolutely no options--none--on the ObamaCare individual market--zero.

Many Virginians recently learned they could also have fewer choices on the ObamaCare exchanges next year. In fact, people in 27 of the State's 95 counties could have just one option for coverage through the ObamaCare marketplace in 2018. Tennesseans in 16 counties are in a similarly distressing situation, as they, too, are likely to have just one choice when it comes to signing up for insurance through the ObamaCare exchanges next year.

So these are just the latest developments in ObamaCare's dwindling options, which over the years have continuously pushed too many people off their plan and left them with fewer choices. Take one Knoxville, TN, woman who recounted her experience in a recent news article. In 2015, she signed up for an ObamaCare plan with one major insurer, but by the end of the year, that company pulled out of the marketplace, leaving her to find a new plan. In 2016, she was forced to sign up for an ObamaCare plan with another insurer. Again, at the end of the year, that company left the marketplace, as well. Now in 2017, she signed up with yet another ObamaCare plan with yet another insurer, and--you guessed it--at the end of this year, that insurance company will also exit the ObamaCare marketplace, leaving the Tennessee mom to find an alternative option one more time. Unfortunately, her story is not unique. As insurers on the exchanges continue to propose premium increases and announce their intentions for participation next year, we can expect even more troubling news to roll in.

These families deserve relief from ObamaCare--a failing law with limited, even nonexistent, choices that continue to shrink on the collapsing marketplace.

These families deserve relief from ObamaCare--a failing law with skyrocketing premiums that have risen by double-digit rate increases all across our country.

These families deserve relief from ObamaCare--a failing law with mandates that require people to buy plans that aren't right for their families, even if there are no suitable choices to pick from, even if they are too expensive to actually use.

How much more will it take for our Democratic colleagues to realize that we have to move beyond the failures of ObamaCare? The only way these families are going to get the help they need--and that so many have called for--is if we actually take action. The Republican Senate has been clear what we aren't OK with standing by and allowing this system to crash completely, dragging down even more families along with it.

We know that--just like that collapsing bridge--ObamaCare wasn't built on a sturdy foundation, nor were its policies truly built to last. Just like the bridge, it may have looked really good from the outside. We all remember the lofty claims our Democratic colleagues made about the law, but it never lived up to the fanfare. I know it is a disappointing reality for our friends across the aisle who championed the failed healthcare law. We know it is not the outcome they had hoped for, but the status quo is simply unacceptable.

We expect the Congressional Budget Office to release an updated score of the bill the House passed later today. It is a technical procedural step. Beyond likely reiterating things we already know--like that fewer people will buy a product they don't want when the government stops forcing them to--the updated report will allow the Senate procedurally to move forward in working to draft its own healthcare legislation.

So whatever CBO says about the House bill today, this much is absolutely clear: The status quo under ObamaCare is completely unacceptable and totally unsustainable. The prices are skyrocketing. Choice is plummeting. The marketplace is collapsing, and countless more Americans will get hurt if we don't act. No one should be comfortable with that. I know I am not, and I certainly hope our Democratic colleagues aren't either.

So instead of continuing to hold press conferences in what ultimately can only be described as a defense of the ObamaCare status quo, I would ask our Democratic colleagues to come to terms with the situation Americans are facing, to stop the empty rhetoric, to join us in finally helping those who have been hurt by this failing law.

Mr. President, on another matter, as the Senate continues to process nominations, I would like to take a moment to say a few words about one for the U.S. Court of Appeals for the Sixth Circuit whom we will confirm this week.

Judge Amul Thapar served with distinction on the U.S. District Court for the Eastern District of Kentucky for close to a decade, having previously served as U.S. attorney for that same district and as assistant U.S. attorney for several years before that.

He was the first South Asian American to become a Federal judge, and once he is confirmed to the Sixth Circuit, Judge Thapar will be only the second South Asian American to serve on a Federal circuit court.

The American Bar Association has given him its highest rating-- unanimously ``well qualified.'' That meant that in the group that rated him there was no one who didn't give him a ``well qualified'' rating, which is the best they could give any nominee. I certainly couldn't agree more with that characterization.

Judge Thapar is an excellent jurist. I know he will make a great addition to the Sixth Circuit, and I am proud to support his nomination. I would encourage all Members of the Senate to support him as we advance his nomination today.

I suggest the absence of a quorum.

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I ask unanimous consent that all postcloture time on the Sullivan nomination expire at 3 p.m. today and that, if confirmed, the motion to reconsider be considered made and laid upon the table and the President be immediately notified of the Senate's action.

Mr. President, I suggest the absence of a quorum.

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I ask unanimous consent that the Senate be in a period of morning business, with Senators permitted to speak therein for up to 10 minutes each.

Mr. President, on behalf of myself and the distinguished Democratic leader, Mr. Schumer, I send to the desk a resolution authorizing the production of testimony and

documents, and representation by the Senate Legal Counsel, and ask for its immediate consideration.

Mr. President, this resolution concerns a request for testimony and documents in a criminal action pending in North Dakota federal district court. In this action, the defendant is charged with sending to Senator Heitkamp an e-mail threatening to kill or injure her. A trial is scheduled for June 6, 2017.

The prosecution is seeking for introduction into evidence at trial documentary evidence from the Senator's office, including the e-mail at issue, as well as testimony from the Senator's correspondence manager. Senator Heitkamp would like to cooperate by providing such relevant evidence. The enclosed resolution would authorize that staffer, and any other current or former employee of the Senator's office from whom relevant evidence may be necessary, to testify and produce documents in this action, with representation by the Senate Legal Counsel.

S. Res. 178

Whereas, in the case of United States v. Kevin Lee Olson,

Cr. No. 17-26, pending in the United States District Court

for the District of North Dakota, the prosecution has

requested the production of testimony and documents from

Kobye Noel, an employee in the Washington, D.C. office of

Senator Heidi Heitkamp;

Whereas, pursuant to sections 703(a) and 704(a)(2) of the

Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a)

and 288c(a)(2), the Senate may direct its counsel to

represent current or former employees of the Senate with

respect to any subpoena, order, or request for testimony

relating to their official responsibilities;

Whereas, by the privileges of the Senate of the United

States and Rule XI of the Standing Rules of the Senate, no

evidence under the control or in the possession of the Senate

may, by the judicial or administrative process, be taken from

such control or possession but by permission of the Senate;

and

Whereas, when it appears that evidence under the control or

in the possession of the Senate may promote the

administration of justice, the Senate will take such action

as will promote the ends of justice consistent with the

privileges of the Senate: Now, therefore, be it

Resolved, That Kobye Noel, an employee in the Office of

Senator Heidi Heitkamp, and any other current or former

employee of the Senator's office from whom relevant evidence

may be necessary, are authorized to testify and produce

documents in the case of United States v. Kevin Lee Olson,

except concerning matters for which a privilege should be

asserted.

Sec. 2. The Senate Legal Counsel is authorized to

represent current and former employees of Senator Heitkamp's

office in connection with the production of evidence

authorized in section one of this resolution.

Mr. President, I ask unanimous consent that notwithstanding the provisions of rule XXII, the vote on confirmation of Judge Thapar occur at 1:30 p.m. on Thursday, May 25; that if confirmed, the motion to reconsider be considered made and laid upon the table and the President be immediately notified of the Senate's action.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 177, submitted earlier today.

Mr. President, I further ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 178, submitted earlier today.

Mr. President, I ask unanimous consent that the resolution be agreed to and the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 10:30 a.m., Thursday, May 25; further, that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and morning business be closed; further, that following leader remarks, the Senate proceed to executive session to resume consideration of the Thapar nomination; finally, that all time during morning business, recess, adjournment, and leader remarks count postcloture on the Thapar nomination.

Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that it stand adjourned under the previous order, following the remarks of Senators Manchin, Sullivan, and Merkley.

Mr. President, before I say anything else this morning, I want to say this: What we saw in Manchester last night almost defies description. It was, in the words of Prime Minister May, a ``callous terror attack'' that stood out ``for its appalling, sickening cowardice, deliberately targeting innocent, defenseless children and young people, who should have been enjoying one of the most memorable nights of their lives.''

Although we will continue to learn more about what happened, this much is very clear: Many have died, many more have been injured, and, as the Prime Minister told us, many of them were children. It is hard to imagine the pain the families of these victims must be feeling today. On behalf of the Senate and our country, let me express our heartfelt condolences to the victims, their families, and to the British people, who have been our friends and allies through many challenges.

The Senate also recognizes the many first responders, medical professionals, and citizens who stepped in to provide help.

As I speak, I know that the intelligence professionals from both of our countries are already working to discover whether this was the result of an individual attacker or directed by ISIL. In either case, the people of America will stand with our allies and provide any assistance we possibly can.

Mr. President, as colleagues know, it is once again the time of the year when Congress gets to work putting together the next budget. One of the initial steps in the process is typically for the President to send up a blueprint of his own laying out his priorities, as Members continue to work through conversations here as well.

The President's budget is being released this morning, and here are a few things we should know about it already: It builds on the progress made earlier this month on defense, prioritizing more of the resources our servicemembers need. It builds on progress made earlier this month on border security, calling for investing in more of the infrastructure and technology our law enforcement officers actually need. And, unlike any of President Obama's budget blueprints, this one actually achieves balance.

The provisions I mentioned are encouraging to see. I am sure they will serve as guideposts for Chairman Enzi and the Budget Committee as they move forward on this matter.

I also appreciate the President's commitment to slowing the growth of mandatory spending, which, if left unaddressed, could eventually limit our ability to invest in nearly anything else as the debt--and the interest we have to pay on it--increases and crowds out spending on other major priorities.

This Thursday, Treasury Secretary Mnuchin will testify in front of the Finance Committee on the budget blueprint and, with it, the administration's interest in tax reform. I know we are all eager to learn more from him and look forward to working with the administration to make our Tax Code simpler and fairer for the American people and American businesses.

Over the years, our tax system has grown only more complex and more punitive, putting both individuals and employers at a disadvantage, while also inadvertently incentivizing American companies and jobs to leave this country to go overseas. It is evident that we need serious reforms to our Tax Code, the type that will help families keep more of their hard-earned money, while also helping businesses put more Americans to work.

By implementing tax reform, we can again encourage investment in our country, allowing American businesses to expand, hire more workers, improve wages, and offer better benefits. In turn, families will have access to more

opportunities and will be better positioned to actually get ahead.

It has been over three decades since we passed comprehensive tax reform, and it is past time we do something about it. Fortunately, we now have an administration that shares this interest in finally improving our tax system instead of making it even more convoluted and constricting--and without demanding $1 trillion in new taxes for the government.

Easing the burden on the middle class and getting the economy moving again are top concerns here in the Republican Senate. We understand that for the past 8 years, too many families struggled under the weight of an economy that failed to reach its potential, too many took home wages that didn't meet their needs, and too many saw opportunity slip away. We understand that these families deserve a change in direction and expect each of us to do what we can to get the economy moving again soon. That is why we passed legislation to provide relief from Obama- era regulations that stifle growth, and it is why we will keep working to advance more legislative solutions to help hard-working Americans. Tax reform is one way we can do just that.

This is an area where Republicans and Democrats have been able to find some common ground in the past, and I am hopeful our friends across the aisle will join us in working toward comprehensive tax reform one more time. Either way, the Republican Senate remains committed to enacting tax reform so we can help encourage American investment, boost job creation, and promote wage growth all across our country.

Mr. President, I suggest the absence of a quorum.

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.