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Congressional Record — Extensions of Remarks, April 7, 2020, Page E354, Reduction or Elimination of FDA

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Page E354 of the Extensions of Remarks section of the Congressional Record for April 7, 2020. Rick Larsen of Washington thanks teachers, paraeducators, food service workers, bus drivers and custodial staff for keeping education on track in Washington state during the COVID-19 pandemic, and says educators need Congress to help address issues including access to technology and broadband. Under the heading Middle Class Health Benefits Tax Repeal Act of 2019, speeches of March 27, 2020 include Neal P. Dunn of Florida, who highlights specific concerns with some provisions in the bill, and Brad Sherman of California.

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“Congressional Record — Extensions of Remarks, April 7, 2020, Page E354, Reduction or Elimination of FDA.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-04-07-crec-2020-04-07-pt1-pge354-4-7f3813ba72/, SHA-256 86df74a8866604b350e4b074eee42dda7934a6d4c4a6a091415598542f86f501.

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                                              E354                                    CONGRESSIONAL RECORD — Extensions of Remarks                                                           April 7, 2020
                                                Reduction or elimination of FDA regula-                more than 500,000 people. The provision, al-              Finally, the Trump administration uses this
                                              tions on non-invasive medical devices: This              lows for a significantly broad definition of local     must-pass relief bill to advance their anti-re-
                                              reform should already be implemented for                 governments and specifies that ‘‘[t]he term            production rights agenda. The bill gives the
                                              smart devices (such as Fitbits), glucose kits,
                                                                                                       ‘unit of local government’ [includes] . . . other      Small Business Administration broad discre-
                                              and other comparable items. It could be ex-
                                              panded to include DIY COVID test kits.                   unit of general government below the State             tion to exclude Planned Parenthood affiliates
                                                Clarification and codification of Trump ad-            level with a population that exceeds 500,000.’’        and other non-profits serving people with low
                                              ministration efforts to ease telehealth re-              Section 5001 explicitly allows any government          incomes and deny them benefits under the
                                              strictions: President Trump has already                  that represents more than 500,000 and in-              new small business loan program. Addition-
                                              begun to lift restrictions for Medicare pa-              cludes regional councils of government which           ally, the bill attaches a harmful Hyde Amend-
                                              tients, but not for other populations.                   are chartered under state law.                         ment provision to a state stabilization fund for
                                                Waiving out-of-state medical licensing re-                In Ohio, Chapter 167 of the revised code            state, local, and tribal governments providing
                                              quirements: This reform is already hap-
                                              pening slowly on a state-by-state level, but
                                                                                                       provides broad authority for a regional council        coronavirus relief. Reproductive health care is
                                              could be more aggressively championed—or                 of government to act as a local unit of govern-        essential health care, and Planned Parent-
                                              mandated—at the federal level.                           ment, to plan, enter cooperative agreements            hood health centers are a critical component
                                                              f                                        related ‘‘to matters affecting health, safety,         of the health care system. Attempting to limit
                                                                                                       welfare, education, economic conditions, and           access to reproductive health care services
                                                  THANK YOU TO WASHINGTON                              regional development.’’ See Ohio Revised               during a pandemic will only worsen the public
                                                     STATE’S EDUCATORS                                 Code, Sec. 167.03.                                     health care crisis.
                                                                                                          In drafting and approving H.R. 748, the                                f
                                                              HON. RICK LARSEN                         House and Senate intended section 5001 to
                                                                                                                                                               MIDDLE CLASS HEALTH BENEFITS
                                                                OF WASHINGTON                          be administered liberally, and for Treasury and
                                                                                                       the Courts to construe the statute broadly so               TAX REPEAL ACT OF 2019
                                                 IN THE HOUSE OF REPRESENTATIVES
                                                                                                       as to encompass all local government entities
                                                           Tuesday, April 7, 2020                      with more than 500,000 citizens to act directly,
                                                                                                                                                                                  SPEECH OF

                                                  Mr. LARSEN of Washington. Madam Speak-               and not through the intermediary of a state                         HON. NEAL P. DUNN
                                              er, I rise today to sincerely thank the teachers,        government. In fact, the State of Ohio has                                OF FLORIDA
                                              paraeducators, food service workers, bus driv-           specifically devolved local authority to the re-              IN THE HOUSE OF REPRESENTATIVES
                                              ers, custodial staff and others keeping the              gional council of governments to act in the
                                                                                                                                                                           Friday, March 27, 2020
                                              education of kids on track in Washington state           general welfare interests of their citizens as a
                                              during the COVID–19 pandemic.                            unit of general government.                               Mr. DUNN. Mr. Speaker, oftentimes, when
                                                  Schools are always adapting to suit the                 As Treasury promulgates regulations to im-          both sides of the aisle acknowledge that a bill
                                              needs of their students. When Washington                 plement this statute, the law intends for these        is not perfect, it ultimately means it is actually
                                              state closed schools to prevent the spread of            regional councils of government to act as a            quite good. With that said, I do want to high-
                                              COVID–19, education professionals rapidly                general unit of local government, and envi-            light some specific concerns that I have with
                                              adjusted to on line education, ensuring stu-             sions them to be eligible to certify and receive       provisions in this bill, both in their direct ef-
                                              dents would not fall behind.                             the state stabilization dollars.                       fects, and also the future precedent that they
                                                  Distance learning has forced schools to                                f                                    may set.
                                              tackle serious student equity issues, including                                                                    Historically there is little evidence that direct
                                              access to technology and broadband, and                   MIDDLE CLASS HEALTH BENEFITS                          to consumers stimulus checks have a signifi-
                                              making sure thousands of students who rely                    TAX REPEAL ACT OF 2019                            cant impact on the economy or that they lead
                                              on school meals do not go hungry. These                                                                         to the kind of spending necessary to counter-
                                                                                                                            SPEECH OF                         act an economic downturn. The Economic
                                              educators need Congress to step up to help
                                              address these issues.                                                HON. BRAD SHERMAN                          Stimulus Act of 2008 (signed February 13,
                                                  Madam Speaker, I rise to recognize the sac-                             OF CALIFORNIA                       2008) provided $600 checks to individuals and
                                              rifices teachers and school employees of all                  IN THE HOUSE OF REPRESENTATIVES
                                                                                                                                                              cost $168 Billion. A study by the Bureau of
                                              kinds across Washington state are making to                                                                     Labor statistics later showed that, ultimately,
                                                                                                                   Friday, March 27, 2020                     nearly 70 percent of recipients either used the
                                              provide for their students amid this public
                                              health crisis. And I call on Congress to provide            Mr. SHERMAN. Mr. Speaker, over 122,000              money to pay off existing debt, or simply put
                                              necessary tools for school districts to ensure           cases of coronavirus, otherwise referred to as         it into savings. Those are not activities that
                                              equitable online learning and sufficient re-             COVID–19, have been confirmed in the United            stimulate the economy, and unsurprisingly that
                                              sources for students during this pandemic and            States since the inception of the outbreak, in-        effort failed to stop a four percent contraction
                                              beyond.                                                  cluding more than 5,000 confirmed cases in             in GDP, the loss of over eight million jobs, and
                                                                f                                      my home state of California alone. More than           the worst overall economic disaster since the
                                                                                                       two thousand Americans have died as a result           great depression. Overall, I believe that this
                                              MIDDLE CLASS HEALTH BENEFITS                             of the virus, and many more stand to do so if          bill will help us to avoid the same fate, but that
                                                  TAX REPEAL ACT OF 2019                               we do not act quickly to mitigate its spread           will be due to other more robust provisions
                                                                                                       and address the myriad of medical challenges.          that acknowledge the importance of our small
                                                                   SPEECH OF                              While Congress has passed several meas-             businesses and job creators in the private sec-
                                                         HON. MARCY KAPTUR                             ures to provide significant amounts of money           tor.
                                                                     OF OHIO                           for research activities at federal agencies, this         The incentive and ability for anyone, regard-
                                                 IN THE HOUSE OF REPRESENTATIVES
                                                                                                       is not enough. I am disappointed that H.R.             less of their circumstances, to work hard and
                                                                                                       748 does not adequately fund nor provide in-           improve their life is a fundamental tenet of the
                                                          Friday, March 27, 2020                       centives for, research and development into            American dream. It is essential that we do not
                                                 Ms. KAPTUR. Mr. Speaker, H.R. 748 con-                treatments and vaccines that leverage the ex-          allow this stimulus payment to serve as a pilot
                                              tains a critical provision that will be used to          pertise of the public and private sectors. Chief-      program for a Universal Basic Income, as
                                              assist state and local governments in their re-          ly, the CARES Act fails to adequately support          some have suggested. Furthermore, it is true
                                              sponse to the crisis engulfing our nation. In-           research on the National Institutes of Health          that this bill will at times create a situation
                                              deed, local governments are bearing the                  (NIH) campus and at clinical research institu-         where some people could actually earn more
                                              heavy burden of response with dwindling re-              tions across the country to pursue all reason-         money by filing for unemployment if fur-
                                              sources while helping terrified Americans man-           able avenues to develop treatments for the             loughed than they would by staying in the
                                              age as best they can. As the entities closest            coronavirus, including diagnostic tests, thera-        workforce. We must acknowledge the potential




dlhill on DSKBBY8HB2PROD with REMARKS
                                              to the ground, these local governments are on            pies and vaccines. The NIH should have sig-            for this to set a damaging precedent.
                                              the front line of the fight, and we must ensure          nificantly more than $945 million to carry out            This bill provides robust funding for our na-
                                              they have adequate funding.                              COVID–19 related research and should also              tion’s hospitals and some needed flexibility in
                                                 This provision, Section 5001 of the CARES             be directed to focus primarily on those pos-           the telehealth space to ensure Americans,
                                              Act, provides that Treasury will provide assist-         sible treatments that are not subject to a pat-        particularly seniors, are able to visit with their
                                              ance directly, and not through the State inter-          ent and thus are not the focus of U.S. phar-           doctors in the lowest risk setting possible. I
                                              mediary to units of local government with                maceutical companies.                                  was disappointed however in the lack of a



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                                              April 7, 2020                          CONGRESSIONAL RECORD — Extensions of Remarks                                                                     E355
                                              specific carve out that acknowledges the                compensation. This principle guides my sup-               I am also disappointed that other special in-
                                              unique challenges faced by our rural hospitals,         port of this bill today. In essence, the govern-       terest and pork provisions crept into this bill at
                                              like the many that serve Florida’s second dis-          ment has asked our nation’s businesses and             the last minute. The essential pieces of this
                                              trict. I was also disappointed that the bill does       workers to shoulder the burden of economic             legislation were ironed out almost a week ago,
                                              not provide statutory relief for those who may          shutdown, during good times, for the wellbeing         yet Democrats held up this important bill with
                                              not have video phone capabilities required to           of the country. For that reason, it is fair and        a list of demands. Fortunately, most were re-
                                              meet reimbursement criteria for telehealth vis-         just that we provide them a lifeline to help           jected by negotiators from the Trump Adminis-
                                              its. It is my understanding and hope however,           them weather this storm.                               tration but some were included in the bill.
                                              that the Center for Medicare and Medicaid                  The situation is truly dire. Many small busi-          At the request of House and Senate Demo-
                                              services will be able to provide adequate guid-         nesses are weeks or days away from deplet-             crats, a number of pet projects received pork
                                              ance to allow for ‘‘audio only’’ visits.                ing their cash reserves. When these small              funding in this legislation. The American peo-
                                                 I believe that the $9.7 Billion provided to          businesses close, rarely do they reopen. Thus,         ple should know that Republicans fought these
                                              Secretary Sonny Perdue to aid our agriculture           if we do not act, the economic devastation             provisions. Yet, despite our best efforts to
                                              industry is a good first start, but ultimately          caused by extreme social distancing could              keep them out, funding for the Kennedy Cen-
                                              more resources will need to be made available           plague communities for years.                          ter, Corporation for Public Broadcasting, Am-
                                              in the near future. Recent volatility in the glob-         Yesterday, I spoke to many small busi-              trak, and the Postal Service was included,
                                              al trade markets and natural disasters, com-            nesses in my district on a call. I was struck          among others. Additionally, at a time when
                                              bined with an already weakened Agriculture              when one asked me to give them hope. To                employers are cutting back, new funds for
                                              economy mean our producers need help now                the American people who are watching, there            Congressional staff and expenses were also
                                              more than ever. It is my hope that we can pro-          is hope, and the help you need is on the way.          added. This is disgraceful. Had the Speaker
                                              vide additional relief to our farmers, ranchers,           To small business owners, I say there is no         allowed an up or down vote on including these
                                              and foresters suffering from this crisis soon.          more important provision in this bill than the         funds, they would have been stripped from the
                                                 Finally, in an effort to protect the safety of       Paycheck Protection Program. Through this              bill with bipartisan support. Yet, Washington
                                              this legislative body, this bill was largely nego-      program or nation’s small businesses and               as usual has resulted in their inclusion. The
                                              tiated by a few individuals within our leader-          501(c)(3) nonprofits will be able to obtain a          American people have a right to be angry
                                              ship and the Administration. Their work, espe-          new 100 percent federally backed loan at an            about this pork. I hope there is bipartisan sup-
                                              cially given the fact that they willingly put their     attractive interest rate. These loans will feature     port to rescind it in the coming days.
                                              own health at risk, is commendable. However,            an automatic deferral for 6 months.                       The provision of the bill designed to help
                                              this came at the cost of a lack of input from              Most importantly, if the small business or          mid-sized companies also contains several
                                              the vast majority of our constituents and led to        non-profit uses their Paycheck Protection Pro-         lines that—while they may seem innocuous—
                                              the inclusion of funding priorities that should         gram loan to cover their payroll, rent, mort-          are special interest gifts to big labor. Specifi-
                                              have been debated over the course of the reg-           gage interest, or utilities during an eight-week       cally, the bill requires that employers maintain
                                              ular appropriations process. Programs like the          period, the loan will be forgiven. The only re-        existing collective bargaining agreements al-
                                              National Endowment for the Arts, Corporation            quirement for this forgiveness is for employers        ready in place and requires neutrality in any
                                              for Public Broadcasting, Institute of Museum            to maintain their payroll or hire their workers        attempt to unionize. Changing times call for
                                              and Library Services, and the Kennedy Center            back. Thus, we have effectively said to these          changing agreements between management
                                              total hundreds of millions of dollars in this bill.     hurting small businesses, don’t close your             and labor. By locking existing collective bar-
                                              We must ensure that any future relief package           doors and keep your employees. And, if you             gaining agreements in place, we put the
                                              is entirely focused on the Coronavirus relief,          do those things, which are necessary for us to         thumb on the scale of labor to the detriment
                                              and that vital resources are directed in the            exit the crisis quickly and effectively, we will       of the health of the business. More fundamen-
                                              most effective way possible.                            give you a grant.                                      tally, ‘‘neutrality’’ in organizing means allowing
                                                                                                         Congress specifically wrote this program to         the union to talk to a business’s employees
                                                               f
                                                                                                      utilize the existing SBA 7(a) loan program. Un-        without the employer being able to present the
                                              MIDDLE CLASS HEALTH BENEFITS                            like SBA disaster loans, these loans are gen-          other side of what unionization could mean to
                                                  TAX REPEAL ACT OF 2019                              erated by private banks, credit unions, and            the employer. This is fundamentally unfair to
                                                                                                      other lending institutions. We did this purpose-       employers and employees.
                                                                  SPEECH OF                           fully. We don’t want bureaucrats at the SBA               These provisions will undoubtedly make cer-
                                                         HON. BRADLEY BYRNE                           holding things up. We want the banks and               tain industries and certain companies less like-
                                                                 OF ALABAMA                           credit unions you trust to get the money out to        ly to apply for the assistance they need to
                                                 IN THE HOUSE OF REPRESENTATIVES                      you as quickly as possible.                            maintain their workforce. It will also provide an
                                                                                                         For our nation’s workers who are struggling,        unfair advantage to companies already union-
                                                          Friday, March 27, 2020                      we have provided enhanced unemployment                 ized over those who are not and to areas of
                                                 Mr. BYRNE. Mr. Speaker, I rise today to              benefits for those who have lost their job be-         the country that have a heavy union presence.
                                              speak in support of the CARES Act. The situa-           cause of the coronavirus through no fault of           Union membership is declining nationwide. We
                                              tion on the ground demands action, which we             their own. I strongly support this aid to help         don’t need a union bailout in a bill to help with
                                              must provide today.                                     the millions who have been laid off and fur-           the coronavirus recovery.
                                                 Last week, 3.3 million Americans filed for           loughed get through this difficult time.                  Finally, I note the enormous price tag of this
                                              unemployment. Small businesses around this                 Unfortunately, it is my fear that in our haste      bill. We should all pause to think about over
                                              country are shuttering. Millions of Americans           to help, we may have done real economic                $2 trillion—the largest appropriations bill in the
                                              and their children are at home practicing so-           harm. Almost everyone supports enhanced                history of the Congress—being rung up on our
                                              cial distancing, a term that few knew 2 weeks           unemployment benefits for those who have               nation’s credit card with little warning. I do not
                                              ago. Countless others are on the front lines in         lost their job due to COVID–19, but by having          question the need for such a major economic
                                              our hospitals, doctors’ offices, and pharmacies         a flat $600 benefit for many workers on top of         rescue package but we cannot continue to
                                              or simply checking us out at the grocery store.         their normal state benefit, we will put some           borrow in good times with the idea that we will
                                              The American people need our help.                      workers in a better position to not work than          simply borrow even more in the bad. America
                                                 No region or section of the economy has              they would have been had they not been laid            must have a serious conversation about how
                                              been spared by this pandemic but South Ala-             off due to the pandemic. This could lead to            much government we are willing to pay for.
                                              bama, which I represent, has been particularly          employers increasing layoffs and could cause           This crisis should show us that the inter-
                                              hit hard. Millions of Americans come here               employees to fail to seek to work once the cri-        national order for things that we have de-
                                              every year to enjoy the weather, the beaches,           sis is abated. Not only is this a recipe for a         pended on for decades is not more than a cri-
                                              and our southern way of life during the March           government financed work disincentive, but             sis away from a collapse. Today it is a med-
                                              and April Spring Break seasons. This all                the loss of these workers from the economy             ical supply collapse. Tomorrow it may be our




dlhill on DSKBBY8HB2PROD with REMARKS
                                              changed overnight. Countless small business             could strain our recovery. Basic economics             debt. No party is without blame for our debt
                                              owners have lost one of their busiest times of          should dictate to all of us that we should never       situation. Many things must change in the
                                              the year, and thousands of hard-working Ala-            make the cost of not working better than the           aftermath of this crisis, and we must ensure
                                              bamians have been let go from their job                 cost of working. For that reason, I am deeply          that our lack of fiscal responsibility is one of
                                              through no fault of their own.                          disappointed that the Democrats in the House           them.
                                                 The Constitution states that private property        and the Senate refused to provide for a simple            Mr. Speaker, the bottom line is there are
                                              shall not be taken for public use without just          fix to cure this issue.                                many things in this bill I do not like. There are



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