Mike Rounds

Mr. ROUNDS

Mr. ROUNDS. Mr. President, let me begin by acknowledging the leadership that Chairman Alexander and Ranking Member Murray have offered and also by saying how much I have appreciated the hard work that Senator King from Maine has participated in, as well, in this process. They have worked together, side by side, to try to find some common ground while still retaining and protecting the principles they all hold with regard to how health insurance, long term, should be approached. Coming to a bipartisan agreement on this very important piece of legislation is only the first step. As you know, a deal was announced last month to give States permanent flexibility to avoid some of ObamaCare's most crushing mandates, while also temporarily authorizing the cost sharing reduction, or CSR, payments for 2 years. That is what the piece of legislation we are referring to in this particular case, the Alexander- Murray legislation, would do. This agreement is a win for conservatives who have spent the past 7 years promising to relieve the American people of ObamaCare's skyrocketing premiums, limited choices, and Federal chokehold. For the first time since ObamaCare was forced onto the American public, the Alexander-Murray legislation is an opportunity to provide permanent, meaningful opportunities for States to opt out of some of ObamaCare's most egregious mandates under the 1332 waiver program, while making healthcare more affordable for their constituents. As a former Governor, like my colleagues Mr. Alexander and Mr. King, I understand that the best decisions are made at the State and local levels, not by Federal bureaucrats. Empowering States with new opportunities to innovate and strengthen their individual health insurance markets in a way that meets their citizens' unique needs is a first step toward repealing ObamaCare and allowing the marketplace to once again be competitive and innovative. In exchange for the permanent 1332 waiver changes, we have agreed to temporarily authorize the administration to make CSR payments for 2 years, similar to the provisions of the Better Care Reconciliation Act, which 49 Republican Members of the U.S. Senate supported earlier this year. Recall that President Trump announced recently that he would stop the CSR payments after a Federal court found them to be illegal because they had not been appropriated by Congress. Not surprisingly, the previous administration had continued making these payments, a practice that President Trump rightfully and correctly stopped after months of warning that he would do so. We applaud the President for returning this appropriations decision to its constitutional place--with Congress. We also recognize that there are millions of Americans who will face steep premium increases come January as a result of this challenging decision. This is in addition to the already skyrocketing premium increases that Americans are facing because of ObamaCare, because of the concept on which it was built. The American people did not ask for ObamaCare, and they shouldn't be unfairly punished. By extending these payments for only 2 years, our legislation will stabilize the market and help provide a smooth transition as we continue to work on a full repeal and replacement. Providing a smooth transition away from ObamaCare has been included in every serious Republican healthcare plan to date. We have to have a transition in order to move away from the existing healthcare plans. In fact, I cannot think of a single GOP colleague who doesn't support a smooth transition so that we don't hurt families as we move away from our current, unworkable system. It is also important to point out that Alexander-Murray is merely a step one in the total repeal and replacement of ObamaCare. Because of House and Senate rules, the 1332 waiver changes outlined in our bill are not eligible to be included in budget reconciliation legislation, which is the vehicle being used to repeal and replace ObamaCare by congressional Republicans and which we continue to work on. We need both bills. This is a two-step process. We fully expect there to be an opportunity for us to finish the full repeal and replace of ObamaCare next year and are united in our desire to get it across the finish line. But 1332 waiver changes found in this bill require bipartisan support in the Senate, period. It requires 60 votes. That is not available to us or is not part of the remaining part of the challenge of the total repeal and replacement. We need both bills in order to get this done. We have also included additional assurances within this bill to make certain our bill does not bail out insurance companies, as Senator Alexander stated earlier. CBO, or the Congressional Budget Office, confirmed this in the October report, noting that it benefits taxpayers and low-income policyholders, not insurance companies. I also want to point out that there is also a fiscal case to be made for continuing the CSR payments in the short term. The nonpartisan Congressional Budget Office--once again, the CBO--found that the Federal Government will be on the hook to subsidize care of the individuals who otherwise would receive premium assistance via the CSR payments. The CSR payments have ended. Insurers who stay in the individual marketplace will be forced to raise their prices to compensate. Instead of costing $7 billion, as it did this year under the use of CSRs, the CBO estimates that the disruption caused by abruptly ending the CSRs will cost the Federal Government an average of $25 billion annually, more than four times the current rate. The fact that ObamaCare is failing is not a partisan issue. Members of both parties have acknowledged that it is rapidly sinking. Our colleagues on the other side of the aisle believe it is fixable. Republicans believe we have to go in a different direction. Democrats have refused to admit the failure. They recognize it is sinking--they think it is fixable--but, until now, have been unwilling to make any concessions to the law they were solely responsible for creating. We must seize the opportunity to provide States with much needed relief from ObamaCare and show that States are far better at coming up with health insurance rules which are tailored to their individual needs. The only tradeoff is in fulfilling our promise to stabilize the individual market temporarily while we continue our work to repeal ObamaCare and replace it with a truly competitive market-based system. In the meantime, States will already be given that option under our plan. Let me just share this. Sometimes when you look at a bipartisan piece of legislation, our colleagues on the other side of the aisle will point to the fact that they want to stabilize the market now. Republicans will point to the fact that we need to stabilize the market and provide the opportunity for the full repeal and replacement to become effective. ObamaCare started in 2009. It was passed in 2009. Yet it took until 2014 for all of the impacts to actually begin to accumulate--5 years. To undo it, it will take time for the States to create their fixes. We have to pass the legislation, and the HHS has to create the rules. Then, at the local level, at the State level, the State legislatures have to create the laws once again that were torn apart by ObamaCare in the first place. Then their divisions of insurance and their departments of health have to actually create the rules. The insurance companies that are out there that want to compete once again have to be able to contract with doctors and hospitals. They have to go on out and not only write the contracts that will comply with the law and the regulations, but then they also have to go on out and market that product to individuals. The exchange from one contract under ObamaCare to a contract with a competitor, which is when insurance carriers can actually offer different types of products to group plans or to individuals, will take time. That transition can hardly be done in less than 2 years, thus the need and the offer in all of the Republican proposals to take this 2- year time period and actually help the American people get through this very difficult time without hurting them more than the pain they will have already felt with the continuation of ObamaCare. It simply takes 2 years to make any reasonable transition happen. Once again, I would like to acknowledge the hard work of the Senator from Tennessee, Mr. Alexander, and the way in which he has created a team effect, a team plan, on getting this through. I also acknowledge the hard work of Senator Murray and her working side by side with Senator Alexander in trying to find common ground so her colleagues see the importance, from their perspectives, while, at the same time, those of us on this side of the aisle reflect on the first step in a long- term goal of the repeal and replacement of ObamaCare. For the first time, we have a chance. For the first time, we have an opportunity to take a step statutorily, with a 60-count vote, in actually making changes to the substance of ObamaCare. It is high time. It is time to get started. It is time to move forward. I thank all of our colleagues for working side by side in at least slowing down the damage which has been occurring and which will continue to occur until we get the full replacement of ObamaCare behind us. I yield the floor.

Mr. ROUNDS

Mr. ROUNDS. Madam President, today I wish to recognize the courage and bravery of a fallen soldier, SGT Philip J. Iyotte of the Rosebud Sioux Tribe. After 66 long years of waiting, Sergeant Iyotte's remains are finally being laid to rest this week in his hometown of White River, SD. Sergeant Iyotte was born in White River on December 22, 1929. At just 18 years of age, Iyotte enlisted in the U.S. Army and was assigned to Company E, 2nd Battalion, 21st Infantry Regiment, 24th Infantry Division, during the Korean war. Upon being deployed overseas to Korea, Sergeant Iyotte's battalion was one of the first sent into battle in 1950. During combat, Sergeant Iyotte was wounded, but returned to the battlefield in just 3 weeks. Months later, Sergeant Iyotte was detailed to Operation Thunderbolt on February 9, 1951. During this assignment, Sergeant Iyotte was captured and ultimately held at a prisoner-of-war camp in Changsong, where he passed away in 1951. However, his remains never made it home. Due to his many heroic efforts, Sergeant Iyotte was awarded the Purple Heart Medal, the Combat Infantryman's Badge, the Prisoner of War Medal, the United Nations Service Medal, the National Defense Service Medal, and the Korean War Service Medal. Through the combined effort of Sergeant Iyotte's family, the U.S. Defense POW/MIA Accounting Agency and the Department of Veterans Affairs, Sergeant Iyotte's remains were positively identified earlier this year. This week, they return to his family so he can finally be laid to rest near his home in South Dakota. With this, I welcome the opportunity to recognize the life of a fallen hero, SGT Philip James Iyotte, and commemorate his return to White River, SD. He is finally home.

Mr. ROUNDS

Mr. ROUNDS. Mr. President, today I rise to speak about our country's need for tax reform. As our previous speakers have indicated, this is a critical time in our country, and we have an opportunity to make some good decisions that will impact our Nation for literally generations to come. Reforming our Tax Code is a top priority not only for myself but for many of my colleagues and the President. We are committed to delivering tax reform that will provide more jobs, bigger paychecks, and a fairer tax system for the American people. Over the 8 years of the previous administration, economic growth averaged a paltry 1.5 percent annually, which is about half of the post-World War II average. This anemic growth has led to stagnant wages and, according to the Joint Economic Committee, has cost families an average of $8,600 in income on an annual basis. It is no wonder that half of the American public says they are living paycheck to paycheck. This is simply not acceptable. Even more concerning, the Congressional Budget Office is projecting economic growth to remain under 2 percent over the next 10 years if we do not act. If that happens, let me just share with you the real concern. If we allow economic growth to stay under 2 percent, then we will literally bring in revenue based upon the size of our economy. If we allow economic growth to move at a paltry 2 percent or less, then we won't have the revenue to pay our bills. Today, right now, we are looking at trillion-dollar deficits. Yet, if we take a look at where the dollars are going, they go basically-- looking at our entire budget, about 28 percent of the money that we spend today is found within the 12 appropriations bills that make up the defense and the nondefense discretionary side of the budget. All of the remaining items, making up 72 percent, are in areas of mandatory payments--Medicare, Medicaid, Social Security, and interest on the debt. If we don't do anything and if we continue on this same path, with the type of growth we have, then we can expect that within 9 years now, by the year 2026, our country's 250th birthday, 99 percent of all of the revenue we take in will go into Medicare, Medicaid, Social Security, and interest on the debt. That means there will be only 1 percent remaining for defense of our country, roads, bridges, research, education, and all of those other items that many people really want to see and that help us to move ahead as a country. We have to make changes now that will allow our country's economy to grow and prosper the way it used to. The way we believe we do that is by changing our Tax Code, changing the regulatory environment in the United States, and sending the message back to the businesses that this is the place where they want to do business. They don't have to leave our shores in order to actually make a profit and be able to keep that profit. It is our intention to deliver policies that will jolt our economy, allow hard-working families to keep more of their paychecks, and provide financial opportunities to lower and middle-class families. Tax reform is a vital component of this. Our current overly complicated Tax Code is more than 70,000 pages in length. It takes Americans more than 8.1 billion hours each year to file their taxes. A fairer, simpler Tax Code will grow the economy, increase wages for American families, improve American competitiveness overseas, and provide much needed certainty for our business community. It has been 30 years since our Tax Code was last reformed. The rest of the industrialized world has learned from America what it takes to be competitive. They have seen what our tax rates have become. They have lowered their tax rates. They are now inviting businesses to their shores rather than to ours. Businesses that can go anyplace in the world they want to are not choosing America as their location anymore. We have to change that because when they come back, they bring good- paying jobs with them. They keep the profits here, which are reinvested within our borders rather than overseas, and that adds to a growing economy here, which allows us more revenue through even lower tax rates. The average corporate rate in the United States today is 39 percent, compared to 25 percent by our foreign competitors. This puts American businesses at a disadvantage right out of the gate. We must reform the tax rate to one that incentivizes businesses to remain here in America and keep good-paying jobs from going overseas. Doing so will unleash the full potential of this American economy. One thing we can all agree on is that taxes are too high and that the tax rate, no matter who you are, should be lowered. Allowing all American families to keep more of their hard-earned dollars by taking them out of the hands of Washington and putting them back into their pocketbooks will result in a more prosperous America. That means more people investing in America long term. When our economy is healthy, every American will feel the positive effects. I am encouraged by the ongoing discussions and progress being made to alleviate the tax burden on American businesses and American families, and I will continue to work with anyone serious about lowering taxes and reforming the code to provide a much needed boost to our sluggish economy. The American people deserve better than the uncertain growth and burdens still lingering from the previous administration. Thank you, Mr. President. I yield the floor.

Mr. ROUNDS

Mr. ROUNDS. Mr. President, as the Senate considers the National Defense Authorization Act, or the NDAA, I rise today to discuss a simple amendment in support of my constituents in South Dakota who are military retirees, as well as those in many other States who find themselves in a similar circumstance. These retirees may be disproportionately and unfairly impacted by increases in the TRICARE prescription drug copay increases that we find within the bill that we are considering today. Specifically, provisions in this bill will increase cost-sharing amounts for the TRICARE pharmacy benefits program for the years 2018 through the year 2026. Now, the rationale for the increases in the bill that we are considering today are that the savings generated from pharmaceutical cost-share increases can be used to improve healthcare outcomes and the experience of care for beneficiaries in the military health system, and I support that. I believe in improving the care for beneficiaries in the military health system. But in this particular case, the increased TRICARE pharmacy copays must be carefully considered to make certain that they could not disproportionately impact one part of the beneficiary population. Unfortunately, that would be the case for South Dakota and for other largely rural States with large military retiree populations that live too far away from military treatment facilities to easily travel to these facilities and to make themselves available for the prescriptions that are available at those facilities. Instead, these military retirees and their families are compelled to use the TRICARE mail order system or the retail pharmacies in their local communities and, in both cases, they would have to pay higher copays. In other words, if you live close to the facility, you can go to the facility and receive those medicines, those pharmaceuticals. But if you are farther away and you have to use a retail shop in your own community or use mail order, you would be subject, under this bill, to a higher copay cost. For example, a copay for a generic drug ordered through the TRICARE mail order system will increase by $10 in fiscal year 2018. Now, while this does not seem like a lot of money, those costs can add up rapidly if a military retiree or his family is required to make multiple copays for multiple prescriptions. Simply put, our military retirees who live more than 40 miles away from a military treatment facility should not be unfairly forced to pay higher copays on prescription drugs just because of where they choose to live. Under my amendment, we would take a step back. The amendment would freeze copay increases for TRICARE retirees and their families who live more than 40 miles from a military treatment facility. Additionally, the amendment would require the Department of Defense to actually assess the financial impact of the higher copays on these beneficiaries. Now, the 40-mile figure that I have chosen was not done without some thought. I think we were careful in how we chose the 40-mile figure. Forty miles is the distance used by both the Department of Defense and the Department of Veterans Affairs as a boundary for reasonable access to a healthcare facility. The Department of Defense TRICARE Prime program, in which care is primarily delivered through a military treatment facility, is available to individuals who reside within prime service areas, or PSAs. PSAs are locations that are within 40 miles of a military treatment facility. Similarly, the VA Choice Program, which allows veterans access to healthcare in local communities rather than waiting for a VA appointment or traveling to a VA facility, is available to those whose residence is more than 40 miles driving distance from the closest VA medical facility. My amendment would also set a deadline of 60 days after the enactment of this legislation for the Department of Defense to report on the financial impact of the copay increases on military retirees and their families. With the information provided by the Department of Defense, Congress can then rationally assess the impact of the copay increases on beneficiaries who live distant from military treatment facilities and incorporate appropriate provisions in future legislation. I appreciate the opportunity to discuss my amendment, which would rectify this unintended effect to military retirees and their families who live in rural parts of our country. Thank you, Mr. President. I yield the floor.

Mr. ROUNDS

Mr. ROUNDS. Mr. President, today I wish to recognize the 100th anniversary of the Minnesota-Dakotas Kiwanis District Convention. Founded in 1915, Kiwanis International is a global organization of volunteers dedicated to serving the children of the world. With a motto of ``One Child and one Community at a time,'' Kiwanis members dedicate more than 18 million volunteer hours and invest more than $107 million in projects that strengthen communities and serve children. These projects include helping shelter the homeless, feeding the hungry, mentoring the disadvantaged, caring for the sick, developing the youth as leaders, building playgrounds, raising funds for pediatric research, and much more. Today the Minnesota-Dakotas District of Kiwanis has over 4,000 members. With a club slogan of ``Serving the children of the World,'' the chapter supports a range of programs, including Kiwanis Kids-- elementary students--Builder's Club--middle school students--Key Club-- high school students--and Circle K--college students. In addition, the chapter supports Aktion clubs for adults with disabilities. These programs allow our youth and adults to build character, leadership skills and learn more about themselves and their communities. I congratulate the Kiwanis International Minnesota-Dakotas District of Kiwanis International on their 100th convention and thank them for their leadership and dedication to children and to their communities. May they continue to thrive for the 100 years to come.

Mr. ROUNDS

Mr. ROUNDS. Mr. President, today I recognize Taylin Albrecht, an intern in my Washington, DC, office, for all the hard work she has done for me, my staff, and the State of South Dakota. Taylin is a graduate of DeSmet High School in DeSmet, SD. Currently, she is attending South Dakota State University in Brookings, SD, she studies human development and family studies. Taylin is a dedicated and diligent worker who has been devoted to getting the most out of her internship experience and who has been a true asset to the office. I extend my sincere thanks and appreciation to Taylin for all of the fine work she has done and wish her continued success in the years to come.

Mr. ROUNDS

Mr. ROUNDS. Mr. President, today I recognize Gerald Fraas, an intern in my Washington, DC, office, for all the hard work he has done for me, my staff, and the State of South Dakota. Gerald is a graduate of West Central High School in Hartford, SD. Currently, he is attending the University of Alabama in Tuscaloosa, AL, where he studies political science and economics. Gerald is a dedicated and diligent worker who has been devoted to getting the most out of his internship experience and who has been a true asset to the office. I extend my sincere thanks and appreciation to Gerald for all of the fine work he has done and wish him continued success in the years to come.

Mr. ROUNDS

Mr. ROUNDS. Mr. President, today I recognize Matthew Krall, an intern in my Washington, DC, office, for all the hard work he has done for me, my staff, and the State of South Dakota. Matthew is a graduate of Mitchell High School in Mitchell, SD. Currently, he is attending Dakota Wesleyan University in Mitchell, SD, where he studies history and political science. Matthew is a dedicated and diligent worker who has been devoted to getting the most out of his internship experience and who has been a true asset to the office. I extend my sincere thanks and appreciation to Matthew for all of the fine work he has done and wish him continued success in the years to come.

Mr. ROUNDS

Mr. ROUNDS. Regular order.

Mr. ROUNDS

Mr. ROUNDS. Madam President, today I recognize the distinguished accomplishment of a young South Dakotan, Ellen Schlechter, a 2017 recipient of the National Federation of Independent Businesses NFIB Young Entrepreneur Award. Ellen is a recent high school graduate from Orient, SD, and the founder and owner of The Calving Book App, a convenient and simple way to keep calf records on a user's smartphone, tablet, or computer. Growing up raising cattle, Ellen recognized a need in the agricultural sector for an application that would allow producers to document all of their cattle records in one place. Two years after the launch of The Calving Book App, Ellen has introduced an advanced version of the app and been featured in numerous ag publications and on local media in our State. I extend my congratulations to Ellen for being recognized by the NFIB for her accomplishments and entrepreneurial spirit, and I thank her for the work she has done to help our producers become more efficient. I wish her continued success in the years to come.

Mr. ROUNDS

Mr. ROUNDS. Mr. President, today I wish to recognize the 150th anniversary of the Sisseton-Wahpeton Sioux Tribe's treaty with the U.S. Government, which coincides with the Tribe's 150th annual Fourth of July celebration. Beginning in 1867, the Sisseton-Wahpeton Dakota Nation's annual Fourth of July Wacipi is the oldest continual event in South Dakota and one of the oldest established celebrations in the Nation. The Sisseton- Wahpeton Sioux Tribe is dedicated to maintaining their culture in the modern world through art, language, spirituality, and traditions, all of which is celebrated during its annual Fourth of July Wacipi. They also use the celebration to honor area veterans who bravely fought defending our freedoms. The story of the Sisseton and Wahpeton bands is one of movement of the Native people that made their home on the Lake Traverse Reservation, where they still celebrate today. Here, Tribal members draw on their rich history, continue their traditions, and contribute to a vibrant, growing economy in the area. On behalf of all South Dakotans, I wish to congratulate the Sisseton- Wahpeton Sioux Tribe on their sesquicentennial celebration. I thank them for their treaty, friendship, and alliance with the United States of America over the past 150 years and look forward to continuing our friendship in the 150 years to come.

Mr. ROUNDS

Mr. ROUNDS. Thank you, Mr. President. My colleague and friend, the Senator from Delaware, is also a former Governor, and it is always enjoyable to listen to the experiences and clearly the understanding about a number of the issues we have in common in terms of things that concern us. I remember back in 1993, as well when we were looking at healthcare reform in South Dakota, we actually, in our process, adopted the vast majority of what was considered to be the recommendations from the National Association of Insurance Commissioners--guaranteed renewability of policies, guaranteed to be able to move from one group insurance product to another group insurance product, a minimum amount of premium versus maximum amount of premium by any carrier in any single group of policies in one plan. Those provisions actually worked for us for a period up until 2009, when ObamaCare became the law of the land, and at that point we suffered through the same problems most of the rest of America is suffering through right now. But there are some things that really do bind us together, and one of them is trying to make and produce the best healthcare products for the citizens within our different States that we possibly can. I think in the U.S. Senate there are enough of us who truly believe we can fix, repeal, replace ObamaCare. I think Democrats would like to say we are going to fix it. I think Republicans recognize that we are probably going to do more of a startover because the basic concept of ObamaCare, which was moving more and more into a single-payer system, will not work. For those of us who believe in the free market, what we want to do is take away the regulations at the Federal level, give them back to the States, and allow the States to actually experiment and make a more competitive healthcare product. That allows for businesses to be able to insure more individuals to help pay for their costs. It also means, then, you can actually get more individuals to receive the benefits of private healthcare rather than being responsible for or at least expecting that the Federal Government is going to subsidize with Federal taxpayer money their healthcare costs. I think that is part of what we need to be concerned with here today.

Mr. ROUNDS

Mr. ROUNDS. Mr. President, today I wish to honor the life and legacy of Dr. Andre Larson, who passed away on March 24, 2017, at the age of 74. Dr. Larson grew up in Brookings, SD, and graduated from the University of South Dakota, USD, in Vermillion with a BFA in music education and later, a MM degree in music literature. A lifelong advocate for fine arts and music, Dr. Larson created the renowned National Music Museum in Vermillion, on USD's campus. Today it has the most complete collection of well-preserved and historically important musical instruments in the world. The National Music Museum houses and preserves over 15,000 rare musical instruments: Stradivarius violins, and one of the only two Stradivarius mandolins that exist, dombaks and didgeridoos, the oldest playing harpsicord, more than a dozen saxophones made by the instrument's inventor, Adolphe Sax, bouzoukis, hurdy-gurdies, and a bombardon, a 1772 bowlback mandolin, a Javanese gamelan, lutes, flutes, harmonicas, and zithers, the world's oldest cello, called the King cello and created around 1550 A.D., Johnny Cash's guitar, and everything in-between, including a substantial collection of historic instrument documents. Dr. Andre Larson was inspired by his father, Arne B. Larson, who was a high school music teacher, bandleader, and later a college music professor. Arne began collecting musical artifacts and instruments while serving in World War II, and his passion for music was not lost on his son, Andre. Wanting to share his and his father's passion, Andre conceptualized, planned, and implemented the development of the National Music Museum in Vermillion. In 1972, he was hired as the first director of the museum, then named the Shrine to Music Museum, with his father's 2,500 instruments as the foundation. Andre served as director of the museum until his retirement in 2011. Under Dr. Andre Larson's leadership, the museum expanded significantly from one room in the Carnegie Library to now occupying the entire building today. His intelligence and great knowledge of instruments and history enabled him to select the best instruments for the collection. He also had a very unique skill in matching instruments to generous donors who would allow the museum to showcase their purchases. In addition to teaching at the University of South Dakota and running the museum, Dr. Larson also created, produced, and marketed many musical events every year that sometimes included internationally known musicians performing music with the museum instruments. He also created the Nation's only graduate degree program in the history of musical instruments. Throughout his life, Dr. Larson also served three terms as the president of the American Musical Instrument Society. He edited its newsletter for 18 years, and he was honored with the Curt Sachs Award, the highest honor given by the American Musical Instrument Society. In 2016, he was elected to the South Dakota Hall of Fame for his contributions to the arts in South Dakota. Dr. Andre Larson's commitment to excellence and his dedication to music have inspired thousands of students and music lovers, not just across South Dakota, but throughout the entire Nation. His work in creating the National Music Museum will continue to inspire others for as long as there is music and there are people.

Mr. ROUNDS

Mr. ROUNDS. Mr. President, today I recognize Dallas Humphries, an intern in my Washington, DC, office, for all the hard work he has done for me, my staff, and the State of South Dakota. Dallas is a graduate of Douglas County High School in Castle Rock, CO. In August, he will graduate from the University of South Dakota where he studies political science and criminal justice. Dallas is a dedicated and diligent worker who has been devoted to getting the most out of his internship experience and who has been a true asset to the office. I extend my sincere thanks and appreciation to Dallas for all of the fine work he has done and wish him continued success in the years to come.

Mr. ROUNDS

Mr. ROUNDS. Mr. President, today I recognize Robert Travis Wooley, an intern in my Washington, DC, office, for all of the hard work he has done for me, my staff, and the State of South Dakota. Travis recently graduated from the University of Michigan, where he studied political science and Portuguese. He is a dedicated and diligent worker who has been devoted to getting the most out of his internship experience and who has been a true asset to the office. I extend my sincere thanks and appreciation to Travis for all of the fine work he has done and wish him continued success in the years to come.

Mr. ROUNDS

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

Mr. ROUNDS. Mr. President, I rise today to offer my strong support for Judge Neil Gorsuch, President Trump's pick to replace Justice Scalia on the Supreme Court. On Monday, his nomination passed out of the Senate Judiciary Committee, and we expect to confirm him before the end of the week. I am tremendously excited to have him on the bench. Throughout his career, Judge Gorsuch has proven time and again that he is exceptionally qualified to serve on the Supreme Court. He has been praised and endorsed by members on both sides of the political spectrum, the left and the right. As a judge on the Tenth Circuit Court of Appeals since 2006, after being unanimously confirmed by this body, Judge Gorsuch has proven he is as mainstream as they come. In fact, of the 800-plus opinions that he has written for the Tenth Circuit, less than 2 percent, or 14 opinions, have drawn dissents from his colleagues. In other words, 98 percent of his opinions have been unanimous. That is even more remarkable when you look at the makeup of the Tenth Circuit--12 of the judges were appointed by Democratic Presidents, while only 5 were appointed by Republicans. It does not get much more mainstream than that. During his confirmation hearings last month, Judge Gorsuch again proved that he is eminently qualified to serve on the bench of our Nation's highest Court. Let me share some of his quotes from his hearing: ``The Constitution doesn't change. The world around us changes.'' ``I don't believe in litmus tests for judges.'' ``If I'm confirmed, I will do all my powers permit, to be a faithful servant to the Constitution and laws of this great nation.'' One last quote: As a judge now for more than a decade, I've watched my colleagues spend long days worrying over cases. Sometimes the answers we reach aren't the ones we personally prefer. Sometimes the answers follow us home at night and keep us up. But the answers we reach are always the ones we believe the law requires. And for all its imperfections, I believe that the rule of law in this nation truly is a wonder. And that it's no wonder that it's the envy of the world. It is clear that Judge Gorsuch is qualified to serve on the Supreme Court and that he understands the role of a judge: to interpret the law, not to make the law. To that end, I would also like to highlight Judge Gorsuch's in-depth understanding of the separation of powers doctrine, and I am optimistic that Judge Gorsuch will carefully scrutinize cases and controversies that involve executive overreach. The past 8 years have seen an unprecedented expansion of the administrative state. This has come at the expense of both the legislative branch, whose purpose is to make laws, and the judicial branch, whose purpose is to interpret the law and decide on a specific law's constitutionality. But more concerning than that, it has also come at the expense of American citizens. Overreach by executive agencies has led to regulatory expansion that results in the Federal Government involving itself in nearly every facet of our lives on a daily basis. This expansion has been permitted, in part, to U.S. courts relying on the flawed Chevron doctrine to show great deference to agency interpretation of the laws passed by Congress. As a result, agencies have been able to broadly interpret laws in a way that has allowed them to expand their regulatory authority far beyond what Congress ever intended. Fortunately, U.S. judges are beginning to question the Chevron doctrine and its impact on the separation of powers doctrine relied on by our Founding Fathers and affirmed in the U.S. Constitution. Judge Gorsuch is one of those judges. Regarding Chevron, Judge Gorsuch has written that Chevron seems to be no less than a judge-made doctrine for the abdication of the judicial duty that prevents American courts from fulfilling their constitutionally delegated duty--interpreting what the law actually intends. Careful judicial scrutiny and interpretation of the law will allow courts to rein in agency actions that are inconsistent with the law and beyond the bounds of what Congress intended. In his concurrence in Gutierrez-Brizuela v. Lynch, Gorsuch argues that the Administrative Procedure Act vests in the courts the responsibility to ``interpret statutory provisions and overturn agency action inconsistent with those provisions'' and questions the idea that Congress ``intended to delegate away its legislative power to executive agencies.'' Judge Gorsuch takes his duty as a judge with the utmost seriousness. He seeks to interpret the law the way Congress intended, not in the way an executive agency wants it to be. His careful and academic approach to judicial review is well-suited for our Nation's highest Court. I am confident that Judge Gorsuch will respect and enforce the constitutionally affirmed separation of powers doctrine that in recent years has been diluted by executive agencies broadly interpreting laws, resulting in regulatory overreach. This has minimized the role of Congress in the legislative process. As a result, the voices of American citizens have also been minimized and replaced with unelected Washington bureaucrats who think they know what is best for all Americans. Judge Gorsuch is one of the finest judges our Nation has to offer. The knowledge and careful deliberation he will bring to the Court will result in rulings that reflect justice, fairness, and an interpretation of what the law is and what Congress intended it to be, not what administrative agencies want it to be. Despite impeccable credentials, we are in a situation today because of a precedent set in November 2013 by then-Majority Leader Harry Reid and his conference. Former Leader Reid's use of a so-called nuclear option in 2013 meant the Senate could reinterpret its rules via simple- majority vote. Former Leader Reid accomplished this by challenging a ruling of the Chair with regard to the number of votes needed to end debate on certain nominations. The Standing Rules of the Senate require the support of a supermajority, or 67 percent of Senators, to change the rules. To challenge the ruling of the Chair, Reid only needed a majority vote to overturn the Presiding Officer's correct interpretation of the written rule. In other words, Former Leader Reid broke the rules to change the rules and, by default, broke precedent to change the precedent moving forward as well. Based on this new precedent set by Former Leader Reid, the Senate is likely to confirm Judge Gorsuch to the Supreme Court by a simple- majority vote. Because the Senate has always operated on precedent, we will likely follow this new precedent to approve Judge Gorsuch's nomination later this week. When he is confirmed, Judge Gorsuch will make a tremendous addition to the Supreme Court. His lifetime of defending the Constitution and applying the law as it was written provides clear evidence that he has the aptitude for this lifetime appointment to our Nation's highest Court. Mr. President, I yield the floor. I suggest the absence of a quorum.

Mr. ROUNDS

Mr. ROUNDS. Mr. President, I rise to discuss the Patient Protection and Affordable Care Act, commonly known as ObamaCare, on its seventh anniversary of being signed into law by our previous President, Barack Obama. Looking back at what has happened to healthcare over the past 7 years, there isn't a whole lot of good news to report. Since that time, Americans have been hit with hundreds of billions in new taxes, healthcare costs have risen exponentially, and families have struggled with fewer options and reduced access to healthcare services. Just in the last year, healthcare premiums have gone up 25 percent for the typical ObamaCare plan. That number is even higher in my home State of South Dakota where premiums have increased 37 percent. ObamaCare has also driven health insurance companies to completely leave the marketplace, leaving Americans with fewer insurance options. Again, I will use my own State as an example. Under ObamaCare, the number of companies offering insurance in the individual market in South Dakota has dropped from 13 to a mere 2 today. While this is unfortunate, we are better off than folks in Alaska, Alabama, Oklahoma, South Carolina, and Wyoming, all of whom have no options at all, as only one insurer offers plans in those exchanges. This is also the case for more than 1,000 counties across the Nation, basically one-third of all the counties in total. As a result of these skyrocketing costs and reduced options, the number of Americans enrolling in ObamaCare continues to drop dramatically. Projections continue to be millions fewer than predicted. Between 2016 and 2017, nearly a half-million fewer Americans signed up for the exchange. All of this has barely moved the number of uninsured South Dakotans between 2010, when ObamaCare was enacted, and today. So the health insurance market was crippled, premiums have skyrocketed for hard-working families, and our economy has suffered tremendously under the ACA, only to have the same number of insured and uninsured individuals in my home State as before we started. Nationwide, Americans are rejecting ObamaCare in record numbers. We saw this rejection of ObamaCare repeatedly over the past 7 years, when the American people elected into office candidates who at least in part ran on the platform of repealing ObamaCare. ObamaCare's higher taxes, fees, and penalties on businesses and investors have also taken a toll. Meanwhile, consumers who are facing higher premiums and deductibles have less to spend on goods and services. With one-sixth of our economy tied to healthcare, this has been detrimental to growth and to opportunity. It has also been easy to see how the healthcare industry has rejected ObamaCare over the past 7 years, with many insurers pulling out of the market and in other places the markets collapsing altogether. This limits competition and leaves little room in the healthcare industry, which is why ObamaCare is failing to control the cost of healthcare in our country. Cost control is a crucial component in providing truly affordable healthcare, and that begins with the elimination of ObamaCare's added bureaucracy and paperwork. We must get government out of the way and allow competitive markets to work once again, and that is what we are seeking to do with ObamaCare's replacement, which is expected to receive a vote in the House later today. Since we started the process of repealing and replacing ObamaCare, my office has received a number of calls and emails from South Dakotans who have expressed concerns. I want to make it clear to them and to all Americans that during the period in which we transition away from ObamaCare and toward a more affordable, competitive system, we understand that the continuation of coverage is an essential component. We plan to include a number of items that are very important to the American public: guaranteed renewal of coverage, portability of coverage for those who change jobs or leave the workforce by retiring, and a ban on lifetime limits, because if you bought insurance, you shouldn't run out of insurance. The provisions of the Indian Health Care Improvement Act which were included in ObamaCare should be included in our plans. There should be no exclusions on preexisting conditions if one maintains insurance from policy to policy, without lapses, and we should include provisions to allow children to remain on their families' plans until they are at least the age of 26. We understand that there is a way to retain all of these positive provisions which are vital to ensuring continued health insurance coverage for all American families who want it, while also providing a fair and open marketplace that provides a strong, healthy, competitive market. This, in turn, will bring affordable, efficient health insurance with innovative products that will actually help to control the cost of care. That is what the GOP alternative, while still far from perfect, is seeking to do. One thing we do know is that the end result will be better than ObamaCare. As a father and a grandfather, I understand how important it is to have access to affordable healthcare. No one should be priced out of healthcare coverage for one's family. But our current system is simply not working. After 7 years of ObamaCare, the American people are dealing with higher healthcare premiums, fewer options, more taxes, and reduced access to care. Health providers are struggling with more bureaucracy, with more time spent filling out paperwork instead of caring for patients, and being frustrated by ObamaCare's crippling new regulations. As I have said from time to time, ObamaCare is a rapidly sinking ship, and there is simply no hope for a recovery. On its seventh anniversary, it is hurting more people than it is helping, and it must be repealed and replaced before it totally crumbles under its own weight. I yield the floor.

Mr. ROUNDS

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

Mr. ROUNDS. Mr. President, I ask unanimous consent that notwithstanding rule XXII, at 2:15 p.m., the Senate vote on the Friedman nomination and that, if confirmed, the motion to reconsider be considered made and laid upon the table and the President be immediately notified of the Senate's action with no intervening action or debate.

Mr. ROUNDS. Mr. President, I ask unanimous consent to speak as in morning business for a period of 10 minutes.

Mr. ROUNDS

Mr. ROUNDS. Mr. President, today I wish to recognize the 100th anniversary of the South Dakota Farm Bureau. Established in 1917, the South Dakota Farm Bureau has worked tirelessly to promote, uphold, and improve agriculture across our State. What started as a small group of farmers and ranchers, joining together to protect their homes and livelihoods, has grown to represent more than 16,000 families in South Dakota today. As advocates for rural America, their mission is to ``make the business of farming more profitable, and the community a better place to live.'' They accomplish this by educating consumers, leading grassroots advocacy efforts, and providing youth programs to train the next generation of farmers and ranchers. I congratulate the South Dakota Farm Bureau on 100 years of successfully supporting South Dakota farmers and ranchers, so they can continue to supply safe, high-quality food to consumers around the globe.

Mr. ROUNDS

Mr. ROUNDS. Mr. President, today I wish to recognize the achievements of Paul Iron Cloud of Pine Ridge, SD, who passed away on February 18, 2017, at the age of 76. Paul Iron Cloud was a tribal leader on the Pine Ridge Indian Reservation and tireless advocate for the indigenous peoples of South Dakota. In the 1980s, Paul established himself as an unwavering advocate for the Oglala Sioux Tribe, where he rose to the position of chairman and eventually president. During his time in leadership, Paul was a champion for housing on the Pine Ridge Reservation, a fight that would define his career. Over the course of his career, Paul served as executive director of the Oglala Sioux Housing Authority, as well as its successor, Oglala Sioux Housing. Nationally, he served on the National American Indian Housing Council and was elected chairman of the United Nations American Housing Association Board. In 2015, Paul received the George Nelson Outstanding Lifetime Service Award for his tireless efforts to improve the living conditions of the people of Pine Ridge. Thanks in large part to his unwavering commitment, Paul was able to make improvements to reservation housing programs. His fierce dedication to the people of Pine Ridge left a lasting impression upon his home, as well as the Native American community across the Nation. He will be forever remembered for his dedication to Native People both in South Dakota and across the United States. With this, I welcome the opportunity to recognize and commemorate the life of this great public servant, Paul Iron Cloud.

Mr. ROUNDS

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

Mr. ROUNDS. Mr. President, I rise today to commemorate the life and legacy of Jack Robinson, who passed away on March 1, 2017, in Pierre, SD, at the age of 92. Jack dedicated his life to public service--first to his Nation in the U.S. military and later to thousands of students as a teacher in Pierre. When Jack graduated from high school in 1942, he was awarded a scholarship to Yangton College, but instead of furthering his education, he answered the call of duty amidst World War II and enlisted in the U.S. Army. After transferring from the infantry to the Army Air Corps, he completed navigation school and became a crew member on a B-17 bomber. He and his team were eventually sent overseas to England and completed 27 combat missions over Germany before being shot down on March 2, 1945. Shortly afterward, Jack returned home to South Dakota. Throughout the rest of his life, he was a strong advocate for the military and a true patriot. With the stories he told and the love of country he shared, he showed what it meant to be a true American hero. For that, he affectionately adopted the nickname ``Captain Jack.'' There are not enough words in a dictionary to describe what we owe to the men and women who fought in World War II to save our Nation and to save democracy for the world. Jack Robinson put his own dreams aside and put his own life in great danger for our country and for all of the future generations of Americans. After World War II, Jack graduated from Yankton College and taught high school science at Highmore, SD, for 2 years. Then he earned his master's degree in biology from the University of South Dakota. For the next 35 years, Jack was a teacher at Riggs High School in my hometown of Pierre. There, he created advanced biology and aeronautics programs for his students and inspired several young South Dakotans to become doctors. Dr. Brent Lindbloom of Pierre said his father and Jack Robinson were the reasons he became a doctor. ``Mr. Robinson was a great teacher,'' he said. ``He taught us how to study and inspired us to pursue our dreams.'' I couldn't agree more. As a teenager, Jack taught me navigational skills needed to properly fly an airplane, fueling a lifelong passion that continues today. As Jack would say, ``you have to know the difference between compass course and compass heading.'' Over the years he taught many others navigational skills as well. But he didn't just teach young people how to fly in the skies. He was a tremendous role model for all of us and for all the students he taught. As a bomber crew member, Jack defended our gift of democracy. As a teacher, he gave us what we needed to become responsible adults and pursue our own dreams. In 1994, Jack was inducted into the South Dakota Aviation Hall of Fame as a combat crew member. I can state that he was very proud of that moment. But more important than his many achievements as a war hero and as a teacher was his life as a husband, father, grandfather, and great-grandfather. We are a better people because Jack touched so many lives with his knowledge, kindness, and passion for living. His loss is felt by countless South Dakotans. With this, I welcome the opportunity to recognize and commemorate the life of this great public servant and personal role model of mine, Mr. Jack Robinson. Thank you, Mr. President. I yield the floor. I suggest the absence of a quorum.