Frank Pallone

Mr. PALLONE

Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from New Jersey (Mr. Malinowski).

Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from California (Mr. Cox).

Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms. Mucarsel-Powell).

Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson Lee).

Mr. PALLONE. Madam Speaker, I yield myself the balance of my time. Madam Speaker, I respect, greatly, my colleague, the ranking member, but I have to say, the tragedy that we face is the President, President Trump, who has totally neglected the situation here. The tragedy is not this Congress. This Congress passed the HEROES Act, but we have a President who simply ignores the COVID crisis, who doesn't want to take the bull by the horns and actually do something nationally to deal with testing, to deal with medical supplies, to deal with what needs to be done, and continues to suggest that somehow the pandemic has gone away. This Congress took action with the HEROES Act. The tragedy is a President who continues to seek repeal of the Affordable Care Act. The Affordable Care Act, Madam Speaker, had led to over 90 percent of Americans having health insurance when President Obama left office. That number is going down. Last week, the Trump administration filed a brief again to repeal the Affordable Care Act. The tragedy is what he has done, what President Trump has done to encourage junk plans, which basically don't allow people with preexisting conditions to even get health insurance. This is the tragedy. And we in this Congress are doing things to reverse this sabotage of the Trump administration, beginning today, again, with this enhancement act. Now, I just want to say that one of the things that we are doing here that is so important is reversing the Trump administration's pushing of these junk plans. The Energy and Commerce Committee did a report investigation of it last year, and what we found was that these junk plans discriminate against people with preexisting conditions. They rescind coverage if they have to pay out too much. They limit coverage. Remember, the Affordable Care Act provided an essential benefit package, robust coverage, that you would have mental health coverage, that you would have hospitalization, that you would have the things that people expect to have in their insurance policy; but instead, the Trump administration is pushing out to millions of people--and the numbers keep growing every year--these junk plans that discriminate and do the opposite. And we are going to bring down prescription drugs. Madam Speaker, I urge support of this bill, and I yield back the balance of my time.

Mr. PALLONE

Mr. PALLONE. Mr. Speaker, I thank the gentlewoman for yielding. I rise today in strong support of the HEROES Act. Our top priority is the health and safety of the American people, and the HEROES Act lays the foundation we will need to safely reopen the economy. Contrary to my Republican colleagues, this legislation is directly related to the pandemic. Our legislation builds out national testing and contact tracing by finally requiring the Trump administration to develop comprehensive plans with clear benchmarks and timelines. We also mandate a national czar and supply chain to guarantee that medical supplies, testing equipment, drugs, and, ultimately, vaccines are available to all Americans. The bill also provides States with additional increases for their Medicaid programs to ensure that Americans don't lose their health insurance, and it ensures that all COVID-19 treatments and vaccines are free of cost-sharing for patients, as we did with previous legislation for testing. The HEROES Act, Mr. Speaker, protects vulnerable patients in nursing homes by providing funding for States to establish and deploy strike teams, manage outbreaks, and assist with clinical care, infection control, and staffing. This legislation also helps families stay connected. It ensures that they don't lose critical utility services. It prevents home energy and water service shutoffs and establishes a new program to provide water bill assistance for low-income households. We also prohibit telephone and broadband service providers from stopping service, and provide bill assistance to low-income families and those who have lost their jobs. The HEROES Act also provides funding to schools and libraries to purchase hotspots, connected devices, and other equipment. And finally, Mr. Speaker, we go after price gougers by providing the Federal Trade Commission and State attorneys general the authority to seek civil penalties from those engaging in price gouging of goods and services. Mr. Speaker, the HEROES Act is a bold next step in our process of protecting the American people and providing critical assistance during this crisis, and it is designed to try to end this pandemic, ultimately. It deserves strong bipartisan support.

Mr. PALLONE

Mr. PALLONE. Mr. Speaker, this emergency legislation makes key investments in programs that are critical to helping our hospitals and health providers continue to respond to COVID-19. It also improves our testing capacity, which will be critical to combating the pandemic and reopening out economy. This is not a perfect package, but no bipartisan agreement ever is. It does not include clearer metrics for the hospital funding that l think is necessary to ensuring that funding is distributed in a way that is fair and equitable, transparent, and responsive to the areas that are treating the highest number of COVID-19 patients. I also do not believe that the COVID-19 testing strategy is as strong as I would have liked. Right now, the Trump Administration has no clear plan, no clear benchmarks, and no clear timelines for setting up a national program that will reopen our economy. We must hold this Administration accountable for its abysmal response to testing, and I hope that we will be able to do more in the next package. Having said that, l want to acknowledge the good in this bill, because l do believe it will provide some additional relief and guidance that our states and local governments, territories, tribes, hospitals, and providers desperately need. We simply could not afford to wait, and thanks to our efforts we are providing some critical relief. First, we include another $75 billion for the CARES Provider Relief Fund, or the hospital fund. This is $75 billion in addition to the $100 billion funding provided in CARES. These funds can be used to reimburse hospitals or providers for expenses or lost revenues as a result of COVID-19. The language remains the same as the CARES Act, so it will be critical that we continue to fight for clearer metrics for how future funding allocations will be distributed so that health care entities receive the funding they need to continue to treat patients and keep their doors open. We will also fight for transparency so that we have more real-time accounting of who is receiving these dollars and how much funding they are receiving. We also address the critical issue of testing by making an additional investment of $25 billion. As the Speaker has been saying, testing is a essential component to how we respond, treat, and stop the transmission of this virus. Valid, widespread testing is going to be necessary if we are to reduce social distancing efforts and reopen parts of our economy. The $25 billion investment in testing will be used for expenses related to all different areas of testing, including: research, development, validation, manufacturing, purchasing, administering, and expanding capacity for COVID-19 tests. This includes rapid point-of- care tests and serological tests. Of that $25 billion, $11 billion will go to states, localities, territories, and tribes to develop, purchase, administer, process, and analyze COVID-19 tests. It will also fund scaling-up laboratory capacity, contact tracing, monitoring and surveillance, and supporting the workforce. $2 billion of this $11 billion will go to the States consistent with the Public Health Emergency Preparedness grant formula, ensuring every state receives funding, and $4.25 billion will be allocated based on a state's relative number of COVID-19 cases. Tribes, tribal organizations, and urban Indian health organizations will receive $750 million for testing activities. This $25 billion also includes key investments in our federal public health agencies-- $1 billion is provided to CDC for surveillance, epidemiology, laboratory capacity expansion, contact tracing, public health data surveillance and workforce to support the expansion and improvement of COVID-19 testing; $1.8 billion is provided to NIH to develop, validate and improve testing, including further development of rapid point-of-care and serological testing; $1 billion is provided to BARDA for advanced research, development, manufacturing, production, and purchase of diagnostic, serologic, or other COVID-19 tests or related supplies. $22 million for the Food and Drug Administration to support activities associated with diagnostic, serological, antigen, and other tests; and $600 million to support testing activities at Community Health Centers, and $225 million to support testing activities at rural health clinics. Finally, the package also includes up to $1 billion to cover the costs of testing for the uninsured. And there are some other key Democratic priorities that were included in the package--reporting on demographic information related to testing, diagnoses and hospitalizations, and the requirement of a testing plan. While the Republicans would not support real-time reporting of demographic data, we were able to include regular demographic data reporting--that is to be de-identified and disaggregated. This includes data on race, ethnicity, age, sex, geographic region, and other factors for COVID-19 cases, hospitalizations, and deaths, and epidemiological analysis of such data. We also were successful in adding a requirement for the Administration to submit a COVID-19 strategic testing plan that will detail how the Administration will increase domestic testing capacity and testing supplies, address disparities, and provide assistance and resources to states, localities, territories, and tribes. The plan is also required to include estimates of testing production and guidelines for testing, as well as an outline of Federal resources that will be able to support the testing plans of States, localities, territories, tribes, and tribal organizations. This is an important provision--the Administration has been running away from trying to come to develop a federal testing plan. This requires them to do so. While I would have required a more detailed report, with clearer benchmarks for the activities I just mentioned, including specific plans for adequate testing in underserved areas and populations, and expanding surveillance and contact tracing, this is a good first step. We will all have to work together to hold this Administration accountable to produce a clear strategy for testing that will help us to reduce the spread of this virus, clearly identify cases and individuals with immunity, and expand capacity so that testing can help inform what communities may be able to reopen safely and without a surge in new cases. These will be a priority as well as we draft the next package.

Mr. PALLONE

Mr. PALLONE. Madam Speaker, I ask unanimous consent to take from the Speaker's table the bill (S. 893) to require the President to develop a strategy to ensure the security of next generation mobile telecommunications systems and infrastructure in the United States, and to assist allies and strategic partners in maximizing the security of next generation mobile telecommunications systems, infrastructure, and software, and for other purposes, and ask for its immediate consideration in the House.

Mr. PALLONE

Mr. PALLONE. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the bill (S. 1822) to require the Federal Communications Commission to issue rules relating to the collection of data with respect to the availability of broadband services, and for other purposes, and ask for its immediate consideration in the House.

Mr. PALLONE. Mr. Speaker, I have an amendment at the desk.

Mr. PALLONE

Mr. PALLONE. Madam Speaker, may I inquire about the amount of time remaining on both sides.

Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentlewoman from Texas (Ms. Jackson Lee).

Mr. PALLONE. Madam Speaker, I am prepared to close the Committee on Energy and Commerce's portion, and I reserve the balance of my time.

Mr. PALLONE. Madam Speaker, I yield myself the balance of my time. Madam Speaker, I respect the ranking member, but I have to say this: The notion that somehow the Trump administration is doing anything significant to deal with this youth vaping epidemic or tobacco epidemic is simply not the case. They are weak-kneed proposals that are not going to do anything significant. The problem that we have and what this bill is trying to address is this: The tobacco companies know that vaping or e-cigarettes are basically exempted from most of the restrictions that exist now for regular cigarettes. So what do they do? They go and advertise these products on TV. They try to convince young people and adults that vaping and e-cigarettes are a cessation device, which is simply not true. The CDC says they are not cessation devices. They hook people; they addict people; they contain large amounts of nicotine. The flavors that they promote--whether it be menthol, mango, whatever it is--make the kids and adults think that these are not tobacco products or that these are not products that contain nicotine. Then what do the kids do? Sure, we have legislation now, a statute that says you can't sell these products to kids under 21, but they go online. They buy them online. They don't need an ID for that. Or they get some adult to go to the store and buy the e-cigarettes or cigarettes for them. So, we need this legislation. We need to say that e-cigarettes are deemed a tobacco product. They come under the same restrictions for advertising and warnings as regular cigarettes. We need to ban online sales so that kids cannot go online and buy these things without having an ID. We need to ban flavors across-the-board because that is what masks the nicotine and makes people think it is okay, that somehow these are cessation devices, or even that if you smoke a menthol or mango cigarette, somehow that does not contain nicotine and does not become addictive. Madam Speaker, I urge my colleagues to please vote for this legislation. Vote for the kids. It is that important. Madam Speaker, I yield back the balance of my time. Request to Add Cosponsors to H.R. 2339

Mr. PALLONE. Madam Speaker, I ask unanimous consent to add Congressman Michael San Nicolas, the Delegate from Guam, and Congressman Greg Stanton of Arizona, to be added as cosponsors of the legislation.

Mr. PALLONE. Madam Speaker, I want to thank my colleague from New York for yielding me this time. Madam Speaker, I include in the Record the following letters of support for H.R. 2339: First, a letter from 76 leading public health organizations; second, a letter from the NAACP; third, a letter from the National Medical Association; and fourth, a letter from public health organizations specifically supporting the menthol prohibition. February 4, 2020. House of Representatives, Washington, DC. Dear Representative: We are writing to express our strong support for H.R. 2339, the Reversing the Youth Tobacco Epidemic Act of 2019. This legislation will address the current youth e-cigarette epidemic that is undermining the progress made in reducing youth tobacco use. Use of e-cigarettes by youth has escalated rapidly in recent years, placing a new generation at risk of nicotine addiction and tobacco use. Between 2017 and 2019, e-cigarette use more than doubled among high school students (from 11.7% to 27.5%) and tripled among middle school students (from 3.3% to 10.5%). More than 5.3 million middle and high school students used e-cigarettes in 2019, an alarming increase of more than 3 million in two years. Use of other tobacco products, including cigarettes, cigars and hookah, is also a serious problem. Tobacco use remains the leading preventable cause of death in the United States and is responsible for approximately $170 billion in health care costs each year. The Reversing the Youth Tobacco Epidemic Act provides a much-needed response to this serious public health problem. Its prohibition on flavored tobacco products, including flavored e-cigarettes, flavored cigars, and menthol cigarettes, is needed to stop tobacco companies from targeting and addicting kids with enticing flavors, such as gummy bear and cotton candy. Flavors mask the harsh taste of tobacco and make it easier for kids to start to use a tobacco product and to become addicted. The bill's prohibition on flavored e-cigarettes is all the more important because the Administration's recently released policy on flavored e-cigarettes will leave thousands of flavored e-liquids and devices on the market. Flavors are a key reason for widespread youth use of e-cigarettes. Ninety- seven percent of current youth e-cigarette users have used a flavored e-cigarette in the past month, and seven out of ten said they used e-cigarettes ``because they come in flavors I like.'' The bill's prohibition on menthol cigarettes, flavored cigars, and other flavored tobacco products will also help protect kids and public health. More than half of youth smokers--and seven in ten African American youth smokers-- smoke menthol cigarettes. As a result of decades of pervasive tobacco industry marketing, 85 percent of African-American smokers smoke menthol cigarettes, and menthol is a likely contributor to the higher rates of tobacco-caused death and disease experienced by African Americans. A 2013 Food and Drug Administration (FDA) analysis concluded that menthol cigarettes increase youth initiation, increase nicotine addiction, and make it harder for smokers to quit. Cigars are also available in a wide variety of flavors that make them more attractive to kids. More than one million high school students smoke cigars. In addition to its prohibition on flavored tobacco products, the Reversing the Youth Tobacco Epidemic Act includes a number of other provisions that will help to reduce youth use of e-cigarettes and use of other tobacco products, including prohibiting online sales of most tobacco products, addressing inappropriate marketing and advertising, and ensuring that FDA will promptly implement the graphic health warnings on cigarette packs and advertising that are required under the 2009 Tobacco Control Act. Youth use of e-cigarettes and other tobacco products is a problem that will not resolve itself. It will require action by Congress. The Reversing the Youth Tobacco Epidemic Act provides the comprehensive response that is needed. We urge you to support this important legislation when it comes to the House floor. Sincerely, AASA, The School Superintendents Association; Academy of General Dentistry; Action on Smoking & Health; African American Tobacco Control Leadership Council; American Academy of Oral and Maxillofacial Pathology; American Academy of Oral and Maxillofacial Radiology; American Academy of Otolaryngology-Head and Neck Surgery; American Academy of Pediatrics; American Association for Cancer Research. American Association for Dental Research; American Association for Respiratory Care; American Cancer Society Cancer Action Network; American College Health Association; American College of Cardiology; American College of Occupational and Environmental Medicine; American Dental Association; American Federation of School Administrators; American Federation of Teachers; American Heart Association. American Lung Association; American Medical Association; American Public Health Association; American School Counselor Association; American School Health Association (ASHA); American Society of Addiction Medicine; American Thoracic Society; Americans for Nonsmokers' Rights; Association of Educational Service Agencies; Association of Maternal & Child Health Programs. Association of School Business Officials International; Association of Schools and Programs of Public Health; Association of State and Territorial Health Officials (ASTHO); Association of Women's Health, Obstetric and Neonatal Nurses; Asthma and Allergy Foundation of America; Big Cities Health Coalition; Campaign for Tobacco-Free Kids; Catholic Health Association of the United States; Children's Wisconsin; ClearWay Minnesota. Common Sense Media; Community Anti-Drug Coalitions of America's (CADCA); Eta Sigma Gamma--National Health Education Honorary; First Focus Campaign for Children; International Association for the Study of Lung Cancer; March of Dimes; Mesothelioma Applied Research Foundation; NAACP; National African American Tobacco Prevention Network; National Association of County and City Health Officials. National Association of Elementary School Principals; National Association of Pediatric Nurse Practitioners; National Association of School Nurses; National Association of Secondary School Principals; National Association of Social Workers; National Black Nurses Association; National Center for Health Research; National Coalition for Cancer Survivorship; National Education Association; National Hispanic Medical Association. National Medical Association; National Network of Public Health Institutes; National Rural Education Advocacy Collaborative; National Rural Education Association; Oncology Nursing Society; Parents Against Vaping e-cigarettes (PAVe); Prevent Cancer Foundation. Public Health Solutions; SHAPE America; Society for Cardiovascular Angiography and Interventions; Society for Public Health Education; Students Against Destructive Decisions; The Society of State Leaders of Health and Physical Education; The Society of Thoracic Surgeons; Trinity Health; Trust for America's Health; U.S. PIRG.

Mr. PALLONE. Madam Speaker, supporters have emphasized that this bill is urgently needed to combat the youth e-cigarette epidemic that is getting worse every day and is being driven by flavored products. I am proud of the broad coalition of support that this legislation has engendered, and I agree with these organizations that the time is now to ensure we protect our kids and the next generation. Madam Speaker, if we don't pass this bill today, all of the gains we have made in the past to prevent tobacco use and nicotine addiction will simply be wiped out--will be wiped out. I urge my colleagues, support this legislation. This is the best thing we can do to prevent this youth epidemic.

Mr. PALLONE. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I am pleased to speak in support of H.R. 2339. This bill provides a comprehensive approach to address the youth tobacco epidemic that has unfolded before our eyes in recent years. The numbers are disturbing. About 6.2 million American middle and high school students used some type of tobacco product last year, and one in every three high school students have used a tobacco product in the last 30 days. These numbers should alarm us all, especially as we have worked so hard and invested so much to ensure the next generation doesn't face the same type of tobacco-related disease and death as those that have preceded them. It is clear the tobacco industry has employed the same tactics that they have used for decades to hook young people on new versions of their products in order to generate new customers that will be addicted for life. E-cigarette manufacturers like Juul have used slick product designs, glossy advisements, and sweet flavors to appeal to kids. The rapid rise of products like these have reversed the progress we have made in slowing youth tobacco use. In fact, the Centers for Disease Control and Prevention found that e- cigarette use by high school students has increased by 78 percent between 2017 and 2018. Young people have said that kid-friendly flavors like bubble gum, chocolate, cotton candy, and mango are the driving force behind why they say they began using e-cigarettes in the first place. There is also evidence that kids perceive flavored tobacco products to be less harmful than nonflavored alternatives. And flavors mask the harshness and flavor of the tobacco, causing young and adult smokers to smoke more, not less. But e-cigarettes are not the only contributor to the youth tobacco epidemic. Research has shown that menthol-flavored cigarettes have contributed to the increased number of young people smoking. In 2019, nearly half of middle and high school students who were currently smoking used menthol cigarettes. Congressional action is necessary today because President Trump broke his promise to clear the market of flavored e-cigarettes. The administration's proposal created giant loopholes, leaving a myriad of disposable and open tank e-cigarette systems on the market that continue to attract kids, as well as menthol-flavored products. While it is important for us to increase the minimum age to purchase tobacco products from age 18 to 21, which we did, the surge in youth tobacco usage cannot be reversed just by increasing the age alone. In order to fully combat this crisis, we need a multipronged approach that tackles all of the reasons and ways that kids are using these products, and H.R. 2339 is the solution that we need. This bill prohibits all flavors that are so popular among kids. It updates and extends existing marketing and advertising restrictions for combustible tobacco products to all tobacco products, including e- cigarettes. It restricts the purchase of most tobacco products to only face-to-face settings and makes it explicitly unlawful to market, advertise, or promote any e-cigarette product to individuals under the age of 21. It also invests $2 billion in Federal resources in cessation support prevention in medically underserved populations, including racial and ethnic minorities, supplying tobacco cessation therapies and counseling in community health centers, and funding new strategies for cessation of menthol tobacco products. We are proud to have the support of more than 100 organizations, including the Campaign for Tobacco-Free Kids, the American Lung Association, the American Academy of Pediatrics, the American Heart Association, the American Cancer Society, the NAACP, and the National Medical Association. Madam Speaker, we have to take decisive action in order to prevent losing the next generation of our kids to a lifetime of nicotine addiction. We have to pass this bill, and I urge all of my colleagues to join us in supporting the legislation. Madam Speaker, I reserve the balance of my time

Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentlewoman from New York (Ms. Clarke), the vice chair of our committee.

Mr. PALLONE. Madam Speaker, I yield an additional 30 seconds to the gentlewoman.

Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentlewoman from Minnesota (Ms. Craig).

Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentlewoman from Illinois (Ms. Schakowsky), who chairs our Consumer Protection and Commerce Subcommittee.

Mr. PALLONE. Madam Speaker, I want to say that Ms. Pelosi has been so much out front on trying to move this bill and always thinks of herself as a mom or, as she says, a grandmother first, and that is why she so cares about the children. Madam Speaker, I yield 1 minute to the gentlewoman from California (Ms. Pelosi), our Speaker.

Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from California (Mr. Ruiz), a member of our committee.

Mr. PALLONE. Madam Speaker, I yield the gentleman from California an additional 1 minute.