Michael Burgess

Mr. BURGESS

Mr. BURGESS. 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.

Mr. BURGESS. 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.

Mr. BURGESS. 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.

Mr. BURGESS. Madam Speaker, I yield 3 minutes to the gentleman from Alabama (Mr. Rogers).

Mr. BURGESS. 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.

Mr. BURGESS. 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.

Mr. BURGESS. 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.

Mr. BURGESS. Madam Speaker, on that I demand the yeas and nays.

Mr. BURGESS. Madam Speaker, on that I demand the yeas and nays.

Mr. BURGESS

Mr. BURGESS. Mr. Speaker, I yield myself such time as I may consume. I rise today in support of H.R. 1520, the Purple Book Continuity Act. This bill has moved through regular order in the Energy and Commerce Committee and does, in fact, have broad bipartisan support. This may be only a small part of solving the problems of drug pricing, however, it is an important part of that question. Through the Biologics Price Competition and Innovation Act, Congress established a pathway for biosimilars to enter the therapeutic market so that patients would have more treatment options, more access to lifesaving medications, and lower healthcare costs. As the Food and Drug Administrator, at the time, Scott Gottlieb announced, there is a four-point plan to increase biosimilar availability. The plan would focus on increasing market competition by reducing delays to entry; improving the efficiency of biosimilar development; maximize the clarity of the regulatory process; and develop a communications strategy to promote biosimilars. The Purple Book plays an important role in biosimilar development. It lists the licensed biologic products, including any biosimilar or interchangeable biologic product, and any relevant exclusivity information. The Purple Book is not currently required by law and takes the form of two separate and sometimes cumbersome PDF files. H.R. 1520 codifies the Purple Book and requires the Food and Drug Administration to publish the information in a searchable format, similar to the Orange Book. This bill will make the Purple Book a more useful tool for developers of biosimilars, in addition to providers, payors, and patients. The Food and Drug Administration provided us with some important feedback that would ensure that the agency will be able to effectively implement this legislation should it become law. Enhancing the Purple Book is critical to the transparency of the relevant intellectual property protections, as well as other factors considered by the developers of biosimilars. So I certainly want to thank the chairwoman for her willingness to work with us and the agency on this important issue. I am pleased to cosponsor this bill, and I urge other Members to support it this afternoon. Mr. Speaker, I have no other speakers. I urge support of this bill upon passage, and I yield back the balance of my time.

Mr. BURGESS

Mr. BURGESS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of H.R. 1503, the Orange Book Transparency Act of 2019. This is a bipartisan product that moved through the Energy and Commerce Committee, and I would like to thank Representative Robin Kelly for introducing this legislation. The publication of the Approved Drug Products with Therapeutic Equivalence Evaluations, known as the Orange Book, lists drug products that have been approved by the Food and Drug Administration on the basis of safety and effectiveness. Importantly, the Orange Book lists therapeutic equivalence evaluations for approved multisource prescription drug products in addition to relevant patent and exclusivity information. This publication provides information to State health agencies, prescribers, and to others to inform decisionmaking, and allow for the containment of healthcare costs, as well as educate the public. A preliminary version of the Orange Book was produced in 1979. It was not until 1984, with the enactment of the Drug Price Competition and Patent Term Restoration Act of 1984, more commonly known as the Hatch- Waxman Act, that Congress codified the Orange Book. This bill amends existing statute to make the Orange Book more useful, particularly for manufacturers of generic drugs. Enactment of this bill will allow these manufacturers to know which branded products face competition and when those products will no longer be protected by patents. Insurance companies, doctors, and patients will be able to determine when a generic alternative is available for a more expensive branded product. The Food and Drug Administration is already performing the practices contained in this bill, but the legislation would codify current practices and ensure that certain patents are listed in the Orange Book. Additionally, patents that are found invalid would have to be removed following the conclusion of any appeals process. Mr. Speaker, I reserve the balance of my time.

Mr. BURGESS. Mr. Speaker, I yield 3 minutes to the gentleman from Kentucky (Mr. Guthrie), the Republican ranking member of the Oversight and Investigations Subcommittee of the Energy and Commerce Committee.

Mr. BURGESS. Mr. Speaker, I yield myself the balance of my time. H.R. 1503 would support the work that the Food and Drug Administration is already conducting and facilitate competition in the marketplace. Therefore, I urge my fellow Members to support this important legislation. Mr. Speaker, I yield back the balance of my time.

Mr. BURGESS

Mr. BURGESS. Madam Speaker, today I rise to recognize Christian Alvarado, a 2019 recipient of the North Texas in DC Internship Program Legacy Award. As a fellow University of North Texas alum, it is my privilege to recognize this outstanding Texan for his many achievements. Currently, Christian is the co-founder of CBTX Capital, an investment and real estate development firm based in Austin, Texas. Prior to co- founding CBTX Capital, Christian served as the chief of staff and counsel to the chairman of the Texas Railroad Commission. Previously, he worked as an attorney at Jackson Walker, LLP where he advised corporate clients on various business transactions including securities, mergers and acquisitions, business formation and governance. He also has served as a special assistant to then-Texas Secretary of State Roger Williams. Governor Perry appointed Christian to the One Call Board of Texas, and Governor Abbott appointed him to serve as a board member of the Department of Information Resources. Additionally, he is the board president of Austin Angels, a non-profit organization that provides assistance to local foster children. As evidenced by his distinguished track record of accomplishments, Christian has spent much of his career in service to his fellow Texans. I congratulate him on this honor, and wish the entire Alvarado family every continued success.

Mr. BURGESS

Mr. BURGESS. Madam Speaker, I rise today to recognize Nathan Edgerton as he receives the North Texas in DC Internship Program Legacy Award. The NTDC Program connects University of North Texas students with internship opportunities in our nation's capital. Nathan began his long career in public service as an intern in my Washington, D.C. office. Since then, he has spent more than a decade helping government and nonprofit organizations with strategic planning, grants, and community resource management. Currently, Nathan serves as a Bureau Planner for the Bureau of Near Eastern Affairs at the Department of State. In this role, he manages the foreign assistance budget planning and justification process for the department's $7 billion budget that includes economic, multilateral, law enforcement, and security assistance programs that support U.S. foreign policy objectives and interests throughout the Middle East and North Africa. He previously served as a Grants Management Officer supporting economic and public diplomacy programs in NEA and the Bureau of South and Central Asian Affairs. Additionally, Nathan served North Texans as the Director of Health Grants at the United Way of Metropolitan Dallas, supporting community organizations striving to improve health outcomes for children and families in Dallas, Collin, Rockwall, and southern Denton counties. He earned his B.A. in political science and M.P.A. with a focus in nonprofit management from UNT. Throughout his career, Nathan has been known for his expertise, dedication, and hard work. I am grateful that the NTDC Program connected him with my office years ago, and I congratulate my fellow UNT alum on his many achievements.

Mr. BURGESS

Mr. BURGESS. Madam Speaker, I rise today to recognize the achievements of Kim Garza Turner, an outstanding North Texan. A dedicated advocate for civic participation, Kim selflessly serves her community in all that she does. As a young student at the University of North Texas, Kim interned in my Washington, D.C. office in 2004. This opportunity, facilitated by UNT's North Texas in DC Internship Program, commenced Kim's longstanding career in public service. From the U.S. Capitol, Kim was chosen as the sole intern for the West Wing of the White House during President George W. Bush's 2004 re-election. After returning to Texas to continue her studies at UNT, she kept pursuing a career in politics. For more than a decade, I have relied on Kim as a leader, collaborator, and trusted advisor. She has a proven track record of success as a consultant and strategist. In addition to her work in politics, Kim is active member of her North Texas community. She teaches Sunday school, volunteers as a member of the Junior League of Dallas, and recently completed her term on the Board of Trustees for the Dallas Historical Society. This evening, Kim will receive the NTDC Program's Legacy Award in recognition of her many achievements. I am thankful that NTDC connected Kim with my office 15 years ago, and tonight I am glad to add my voice to this well-deserved praise. From Capitol Hill to the White House and beyond, Kim has dedicated much of her life to serving her fellow North Texans and the American people. I congratulate my fellow UNT alum on this honor, and look ahead to many more years of excellence.

Mr. BURGESS

Mr. BURGESS. Madam Speaker, I rise alongside Rep. Van Taylor and Rep. Ben Cline to honor Kim Frankson, Jess Johnson, and Laurie Ortel of Ashley Elementary School in the Frisco Independent School District. At the end of last year, these North Texas school administrators used quick thinking and teamwork to help save a life 1,200 miles away. In December 2018, Ashley Elementary School principal Kim Frankson, assistant principal Laurie Ortel, and counselor Jess Johnson received a concerning message from a student via the STOPit app, an online platform designed to allow students and parents to send anonymous reports of bullying to school officials. The North Texas educators soon discovered that the student was in Waynesboro, Virginia--more than 1,000 miles from Frisco--and sprang into action. As Laurie Ortel said in an interview with the Dallas Morning News: ``We didn't know her, but in that moment, she became ours.'' In spite of the distance, Jess Johnson began communicating with the student, who was threatening suicide, on the STOPit app. At the same time, Kim Frankson and Laurie Ortel attempted to contact the Waynesboro Police Department and administrators at the student's school, which already had closed for winter break. Thanks to the efforts of the North Texas teachers, local authorities in Virginia were able to locate the endangered teenager and provide lifesaving assistance. Thankfully, the student's message for help reached the right people. On February 14, 2019, the Dallas Morning News published an article telling their story. In recognition of their lifesaving efforts, Kim Frankson, Laurie Ortel, and Jess Johnson were honored at the Frisco ISD board meeting on April 8, 2019. They were presented the inaugural Helping Hands Life Saver Award from the makers of the STOPit mobile app, and have received well-earned praise from Americans in North Texas, Virginia, and around the country. As Members of Congress representing Frisco, Texas and Waynesboro, Virginia, we extend our sincere gratitude to these North Texas educators for their extraordinary work and dedication. There is no doubt that they have touched the lives of students in Frisco, Waynesboro, and beyond.

Mr. BURGESS

Mr. BURGESS. Madam Speaker, I rise today in memory of Bettye Myers, an invaluable member of the Texas Woman's University community. Dr. Myers, a longtime Denton resident, taught at TWU as a Professor of Kinesiology for more than half a century. She recently passed away at the age of 92. Before she was a professor, Myers began her time at the university as a student. After completing the 11th grade, she enrolled at TWU and earned her bachelor's degree in Health, Physical Education & Recreation, with a minor in Government-Sociology, in 1946. The following year, she completed a master's degree at TWU and in 1960 earned a Ph.D. in counseling psychology from the University of Michigan. Dr. Myers returned to TWU as a faculty member in 1961. After completing 54 years of faithful service to the university, she retired in 2015. In honor of her service, TWU dedicated the Dr. Bettye Myers Butterfly Garden in 2016. Throughout her career, Dr. Myers was an involved and beloved member of the Denton community. She was actively involved in many organizations, including the TWU Alumnae Association, the Kiwanis, AIDS Services of North Texas, the United Way of Denton County, and the Denton Independent School District Board of Trustees. In recognition of her service and contributions, the City of Denton declared September 26, 2006, her 80th birthday, as ``Bettye Myers Day.'' Dr. Myers received more than 30 awards for education and civic participation; however, she is most remembered for her kindness and dedication. Her legacy will continue on at Myers Middle School, where generations of North Texans will learn about her lifelong dedication to education as students at the school that bears her name. I am grateful for Dr. Myers' many contributions to TWU and Denton. A true North Texas legend, she will be remembered by those whose lives she touched. I offer my condolences to her many friends and family upon this great loss.

Mr. BURGESS

Mr. BURGESS. Mr. Speaker, I thank the gentleman for yielding. As you know, the difficulty is, when we take away the managing of a business operation from that underlying business, the incentive to innovate and to serve consumers is likely to dissipate. The internet, for decades, has thrived because it was not under the heavy hand of government. Because of this freedom, we are now on the brink of accessing the fifth generation of broadband technology that, when fully implemented, will eliminate the need for net neutrality regulations because latency for all content will be almost zero. I don't think you find any disagreement that blocking, throttling, and paid prioritization are not practices that anyone wants as a part of the open internet. But classifying broadband internet as a telecommunications service under title II of the Telecommunication Act of 1934 will limit the ability of service providers to respond to consumer demands and potentially result in disruptions due to content neutrality requirements. Republicans have introduced three proposals to preserve a free and open internet. I hope we can work together, going forward, to achieve that laudable goal.

Mr. BURGESS

Mr. BURGESS. Madam Chair, I have an amendment at the desk.

Mr. BURGESS. Madam Chair, I yield myself 2 minutes. This amendment directs the Comptroller General of the United States to submit to Congress a report examining the influence of all entities on the virtuous cycle of the internet ecosystem and whether such rules protect the access of consumers to a free and open internet. A portion of a consumer's online experience is through social media platforms and through other edge providers. Examples of this would include Facebook, Google, Twitter, and YouTube, among others. Nothing in the Save the Internet Act reviews all parts of the internet ecosystem. Yet, so-called edge providers are the services exercising the most discretion over content delivery. As we saw last year with testimony in the Energy and Commerce Committee from Facebook and Twitter, the algorithms written by these companies are proprietary, and those proprietary algorithms may manipulate consumer access. We understand the role of these service providers and how each is weighted against the others. We have transparency rules for broadband providers, but not for edge providers. The bill targets broadband service providers by reclassifying them as utilities under title II of the Communications Act, but we cannot achieve effective net neutrality principles without including the influence of edge providers on the internet ecosystem. For this reason, the amendment simply directs the Government Accountability Office to study the full internet ecosystem so that we can better understand the influence of all online entities in order to protect access to a free and open internet for every consumer. Madam Chair, I reserve the balance of my time.

Mr. BURGESS

Mr. BURGESS. Madam Chair, I yield 2 minutes to the gentleman from Oregon (Mr. Walden), the valuable ranking member of the full committee.

Mr. BURGESS. Madam Chair, again, this bill targets broadband service providers by reclassifying them as utilities under title II of the Communications Act, but we cannot achieve net neutrality principles without including the influence of edge providers on the internet ecosystem. For this reason, the amendment simply directs the GAO to study the full ecosystem so that we can understand the influence of all online entities and, again, provide a free and open internet for every consumer. Madam Chair, I certainly want to thank the chairman of the subcommittee and thank the ranking member of the full committee for participating in this amendment discussion. Madam Chair, I urge an ``aye'' vote, and I yield back the balance of my time.

Mr. BURGESS

Mr. BURGESS. Madam Speaker, I rise today to celebrate the life and legacy of former Mayor Shirley Cunyus Spellerberg, a dedicated Texan who committed her life to serving others. Shirley Cunyus graduated from Waco High School in 1945 and enrolled at Baylor University to study business administration. In 1949, she married U.S. Air Force pilot Herman Spellerberg, and together they raised two sons. The Spellerbergs were stationed in Miami, Florida during Herman's tenure as a PanAm pilot. There, Mrs. Spellerberg became an engaged member of the community, and she hosted a talk radio program called ``Speak Out Miami'' from 1974 to 1979 as well as co-hosted the weekly television show ``To the Point'' from 1977 to 1979. In 1979, they returned to Texas, where Mrs. Spellerberg continued to be an active participant in her community. In 1983, she was elected Mayor of Corinth, a role in which she served for 16 years. In addition to her official capacities, Mayor Spellerberg served as president of the Denton Republican Women's Club, as a member of the State Republican Executive Committee and Republican Party of Texas Platform Committee, as president of Denton County Republican Assembly, and as a founding member of Phyllis Schlafly's Eagle Forum in 1972. For her efforts, she received numerous awards for her political activities in Florida and in Texas. In 2018, she was awarded the ``Yellow Rose of Texas'' award. Mayor Spellerberg was a valued North Texas leader for more than thirty years. I am grateful for her steadfast service and appreciate her many years of dedication to our region.

Mr. BURGESS

Mr. BURGESS. Madam Speaker, I rise today to honor the life of Keller City Councilman and Mayor Pro Tem, Mr. Charles Ed Speakmon, who recently passed away at the age of 71. A retired Marine, Republican precinct chairman, and former auto repair businessman, Mr. Speakmon spent his life serving both his country and his community in many ways. He was elected to the Keller City Council in 2016, where he was known for his gentle and kind nature as well as his willing participation and resolve to get things done. Mr. Speakmon also was widely known for the elaborate and award- winning Christmas display that adorned his house every year. He was even given the nickname, ``Mr. Christmas'' because of the unique gift he annually shared with his community in his passion for the holiday. Always faithful, Mr. Speakmon was a man of service who was deeply devoted to his country, his community, and his family. To those who knew him, the sense of loss felt in his sudden departure is a tribute to the life he lived. I am honored to have served alongside Councilman Speakmon to represent the community for which he cared so deeply, and I extend my sincerest condolences to his wife, Candy Speakmon, their family, and all who knew and loved him.