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House · Hearing transcript

Markup of 8 Bills and Budget Views and Estimates Letter

Thursday, May 21, 2026

Summary

  • The committee favorably reported HR 3164 on pharmacy access by voice vote and HR 8163 on physician payments by 44-0 roll call.
  • Patrick Dumas (Health Subcommittee Staff Director, House Committee on Ways and Means) said HR 8163 would cost just under 5 billion in direct spending.
  • Rep. Gwen Moore pressed Rep. Bradley Schneider and Rep. Adrian Smith on pharmacist testing, allergies, and whether treatment includes prescribing antibiotics.
  • The committee divided 17-23 to defeat Rep. Judy Chu's birth-control access amendment, then subsequently tabled a Trump-fund certification amendment 24-16.
  • Both bills now head to the House floor after technical fixes, while home dialysis payment rates face further bipartisan negotiation before advancement.

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Hearing Details

Witnesses

Members Who Spoke

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Transcript

Rep. Smith (MO-8)11:23 – 19:50

The committee will come to order. Without objection, the chair is authorized to declare a recess at any time. Today, the Ways and Means Committee is meeting to consider eight bills aimed at two important goals. Expanding access to health care, particularly, particularly, for those in rural and underserved areas, and reducing waste, fraud and abuse in programs in this committee's jurisdiction. Americans should be able to get quality care in the communities where they live and work yet for the sixty million Americans in this country who rely on Medicare, outdated and unfair rules make this difficult. The policies in our legislation cut through the Washington red tape, hurting seniors' access to care. Our first bill recognizes the important role community pharmacists play, delivering care for patients. Ninety percent of Americans live within five miles of a pharmacy. And in rural communities, a pharmacist is frequently the first point of care for patients. This legislation from Representatives Adrian Smith and Brad Schneider allows Medicare to reimburse pharmacists for test and treatments for common respiratory illnesses, like strep throat and the flu. Pharmacists across this country provide this critical primary care to patients every day. This bill ensures seniors on Medicare can can receive the same care from a trusted medical professional. The second bill helps independent physicians keep their doors open by modernizing the Medicare physician fee schedule. The current system is outdated, it's unpredictable, and over half of independent physicians cited Medicare reimbursement cuts as a major reason why they chose to consolidate. This bill from Doctor Murphy and Representative Swasey protects patient access to care by stabilizing Medicare reimbursements, and holds Washington bureaucrats accountable for unreliable calculations. We will consider legislation from Representatives Representative Carol Miller that improves the lives of kidney disease patients by expanding access to safe and effective home dialysis. This committee heard from Americans about how home dialysis allowed them to take control of their lives and improve their health. Home dialysis has fewer side effects and increased life expectancy, yet patients face barriers to starting treatment at home. This bill better enables seniors to engage in home dialysis by offering critical services, such as staff assistant home dialysis and renal mental health support services. Next, we will take up fraud prevention legislation. As too many Americans know from personal experience, fraud is not a victimless crime. Fraud steals benefits from the very Americans that programs like Medicare, TANF, and unemployment insurance were created to help. The size and scale of fraud in this country is staggering. Sixty billion dollars, sixty billion dollars is lost each year from Medicare alone. That's nearly a thousand dollars every year for each Medicare beneficiary. That doesn't even include the other government programs where we know that there is fraudulent activity. Wide-spread fraud not only disrespects hard-working Americans, But it destroys public trust and incentivizes future criminals to steal from taxpayers. That's why fraud cannot be swept under the rug. We cannot ignore the multi-billion dollar elephant in the room. The policies we will consider today complement President Trump's new anti-fraud task force, by helping recover stolen taxpayer dollars and implement tough new guardrails to stop future fraudsters. Legislation introduced by Representative Van Duyn cracks down on the hospice and home health f- health fraud epidemic in this country. Just last month, this committee heard firsthand testimony about a system that has so failed to protect taxpayer dollars, that a fraudulent hospice was able to claim a Los Angeles burrito stand as its headquarters. This is absolutely unacceptable. This bill provides the desperately needed oversight that should have done should have been done years ago. Hospices will be subject to frequent in-person inspections to ensure only legitimate operations are certified. Providers that fail to submit quality data, a a telltale sign of fraud, will pay a tripled fine. Most importantly, we protect seniors from fraudsters by alerting them when they are enrolled in hospice and providing clear instructions on how to disenroll and report the fraud. Our next bill tackles the massive fraud in durable medical equipment. Items like catheters and medical braces have become big business for fraudsters to the point that a quarter of all Medicare DME payments are improper. Medicare's outdated payment policies are a barrier to detecting fraud in real time. DME suppliers having an entire year to submit reimbursement claims and tens of thousands of claims are still submitted on paper each year. This bill from Representative Bean improves the ability of modern technology to better detect DME fraud in Medicare. These fraud prevention reforms will help protect Medicare benefits for the deserving Americans relying on this critical program. The next bill offered by Representatives Van Duyn and Suozzi helped recover nearly one billion dollars in fraudulent COVID error unemployment benefits abandoned in banks identified by the Labor Department and Specter General. That money could have already been returned to taxpayers had the federal government enforced state responsibility to reclaim the money. This bill charges a new federal task force with working with states to coordinate the recovery of those dollars from financial institution and doubles the statute of limitations to ten years for prosecuting fraud. Legislation from Representative Kerry tackles the fraud affecting the TANF program. Money meant for the vulnerable has become the target for fraud and state misuse due to a lack of federal guardrails. This bill strengthens federal oversight of state TANF spending, so taxpayer funds benefit the truly needy and aren't treated as slush funds or rainy day funds by states. This bill has come together thanks to the ideas of several colleagues on this committee. In addition to Congressman Kerry, a provision led by Congressman Smith sets a federal income thr- thr- threshold for TANF. Congresswoman Tenney championed a provision to prevent states from using TANF funds to fill state budget deficits. And policy crafted by Congressman Kerry introduced a three-year limit for states to spend TANF funds. Legislation from Congressman Arrington, included in this bill, ensures taxpayers will finally know the annual rate of improper payments in TANF in service of eliminating all improper payments from this critical program. We will also consider legislation from Representative Austin Scott that helps disability insurance beneficiaries return to work by reauthorizing the Social Security Administration's authority to test new approaches that remove barriers for beneficiaries looking to work. Lastly, we will also consider the committee's views and estimates for the budget committee. I want to thank my colleagues for leading these bills and I look forward to advancing them to the floor. I'm now pleased to recognize the ranking member from Massachusetts, Mister Nill, for his opening statement.

Rep. Neal (MA-1)19:50 – 23:00

Thank you, Mister Chairman. I I think it's safe to say that American families have had enough of Republican failures in the President's chaotic administration. They're rightly angry that a President who once promised to lower costs on day one now dismisses their pain as something he, quote, " doesn't even think about." They're rightfully scared as they watch gas prices, airfare, grocery prices soar right at the start of the summer The numbers speak for themselves. New polling shows that seventy percent of the American people believe that the president's economic policies are harmful to our middle class, and for good reason. They're reminded of this failure every time they pay a bill or visit a doctor, go to the gas station, or to the grocery store. They're demanding answers as to why House Republicans continue to pretend that they're powerless. and that they only will look the other way unless the President puts them on the phone. Presidents in this instance have done interesting things over many years, but I must tell you in long service here, this is remarkable as to what we've witnessed this week. A President that is both the plaintiff and a defendant in a lawsuit against the IRS. Or as he pointed out, "I'm in a position where I'm actually suing myself." The president attempted to settle this lawsuit, as he noted, even though he was on both sides, and certainly one that the courts would have thrown out had it reached that jurisdiction. He created a one point eight billion slush fund that will take care of friends and, in fact, enemies of the American family as to what happened on January sixth when criminals attacked this capital. This is dirty dealing at the highest level. The president gave himself a free pass from federal taxes. Further, he absolved the federal government from any responsibility for oversight of this fund and liability for fraud. The fund is cloaked in darkness and secrecy, which makes it ripe for committing more chaos. For someone who says he doesn't think about the American family's finances, he certainly has figured out a lot about his own. Republicans refuse any effort to bring down costs because they're concerned that they might upset the President. Unwilling to rein in this abuse to other authorities throughout the federal government, and they are complicit in the administration as it operates oftentimes in the dark of night, handing out special favors and pardoning people who never should have been pardoned. I hope that when we talk about fraud we will also include the administration as to what we've witnessed for these past few months and indeed years. Put real solutions on the table. We're all in favor of rooting out fraud wherever we find it, but also end the graft that we're witnessing every day across our capital. Bring relief to families who are buckling in this economy and protect their tax dollars from abuse and corruption. Anything less is just theater. And I yield back my time, Mr. Chairman.

Rep. Smith (MO-8)23:01 – 24:10

Thank you. Our first order of business is H R thirty-one sixty-four, which will be re- which will be the Main Street Pharmacy Access Act. H R thirty-one sixty-four is a transformative yet common sense solution to improve patient access to primary care and will particularly have a positive impact in rural America which suffers significant phys physician shortages. Representative Adrian Smith has been a long time champion for this bill on behalf of rural Nebraskans who like rural Missourians often have to travel great distances to access health care. Representative Smith's district is larger than half the states in this country. He has been relentless in putting this bill before the committee's attention and building bipartisan support for policy that helps Americans get simple tests and treatments for common illnesses at their pharmacy. This legislation will have an incredible effect on rural and underserved communities, and I am glad we are delivering on the promise today. I'm pleased to recognize

Rep. Smith (NE-3)24:13 – 26:41

Thank you, Mister Chairman, and certainly thank you to the members of the committee for considering the Main Street Pharmacy Access Act, formerly known as " E-caps". I'd like to give a special uh thanks to my colleague, Brad Schneider from Illinois, who has been uh great to work with on this bill. Across Nebraska and throughout rural America, access to health care can be a challenge. By nature of living in a rural area, oftentimes patients must drive significant distances to receive the care they need. The long drive can be a significant obstacle to receiving care in a timely manner, especially for seniors. It can be the reason someone delays, for example, getting a flu test. If they do have the flu, that delay can lead to the illness progressing and a late start on treatment. I mention seniors because despite private insurance and Medicaid providing coverage, Medicare does not provide reimbursement to pharmacists for testing and treating common respiratory illnesses. A person could go their whole life getting tested for the flu by their community pharmacist. But the day this person turns sixty-five and enrolls in Medicare, the community pharmacist no longer offers them the same service, because Medicare doesn't pay for it. In turn, the senior now may have to drive several towns over to get a flu test. Pharmacists are among the most accessible health care professionals in the country. Roughly nine in ten Americans live within five miles of a pharmacy. Pharmacists play an important role in filling health care gaps, particularly in rural areas, And this role shouldn't end when a person turns sixty-five. The Main Street Pharmacy Access Act takes a practical, targeted approach to addressing this gap for seniors. Our legislation allows Medicare to reimburse pharmacists for testing and treating common respiratory illnesses. Importantly, this bill doesn't touch scope of practice. It totally defers to states, and states will continue to determine what pharmacists are permit- are permitted to do. But in states where pharmacists are allowed to test and treat common respiratory illnesses, This bill allows Medicare to cover it, just like private insurance and Medicaid already do. This bill is about access. This is about making life easier for Medicare beneficiaries, both rural and urban. Improving access to basic testing and treatment can help patients receive care earlier and reduce unnecessary emergency room visits. I appreciate the broad bipartisan and stakeholder support this legislation has received from pharmacists along with patient advocates and rural health organizations. Thank my colleagues who have worked collaboratively on this issue with me, and I urge members to support the bill. Thank you. I yield that.

Rep. Smith (MO-8)26:41 – 26:45

I now recognize the ranking member from Massachusetts, Mister Nill, for his opening statement.

Rep. Neal (MA-1)26:45 – 26:47

Thank you, Chairman. Let me yield my time to Mister Schneider.

Rep. Schneider (IL-10)26:49 – 30:05

Uh, thank you, and I want to thank uh the Chairman and Congressman Adrian Smith so for working uh with me on on this bill. Access to health care is one of the most critical challenges facing the American people today. Far too many Americans For far too many Americans, getting a doctor near their home, let alone getting an appointment, can be a challenge. As Mister Smith noted, eighty-nine percent of Americans live within five miles of a pharmacy. In contrast, only fifty-eight percent of Americans live within five mi- miles of a health care facility employing physicians, and roughly one in seven Americans live in what is designated a physician shortage area. Over the last decade, wait times to see a primary care doctor have increased by sixteen percent. More hospitals have closed and have opened, and the cost to receive care has increased by roughly thirty percent. Access to care is becoming a crisis, particularly for many patients in underserved rural and urban communities. When a child has strep throat, when a parent gets the flu, when someone needs a COVID test, they don't always have easy access to a doctor or a hospital. But there's a very good chance that they have a pharmacy nearby. The pharmacist isn't just an option. It is often the only accessible provider available. When COVID-19 hit, our hospitals were overwhelmed. The heroic staffs pushed to the limits. Many doctors' offices were closed. I remember and absolutely recall the uncertainty I felt when I did not know where my family and I could turn to receive health care services. During this time of crisis, Congress acted and allowed pharmacists to provide certain necessary services during the public health emergency. Pharmacies in every community, urban, suburban, and rural, single si- sites and large chains alike stepped up in a way that this country will not forget. Walgreens, which I'm proud to have headquartered in my district, stood up testing sites at thousands of locations across America. They alone administered more than ninety million COVID-19 vaccinations. They launched a vaccine equity initiative specifically to reach underserved communities who were hit hardest by the pandemic. When the federal government needed a trusted nationwide partner to get shots in their arms into arms fast, pharmacies like Walgreens answered the call. The Main Street Pharmacy Act, formerly known as the Insuring Community Access to Pharmacies Act to Pharmacies Act or ECAPS, which I'm grateful to co-lead with my friend Adrian Smith, recognizes that pharmacists are not merely secondary players in the healthcare system. They are essential front-line providers. This legislation would create a permanent payment pathway for pharmacists test, treat, and vaccinate against flu, RSV, strep throat, and COVID-nineteen in the states where they are already licensed to deliver these services. During such a dark time, pharmacists proved to be an invaluable public health partner in the COVID pandemic. This common sense legislation would codify what we already know works, what much of the country has been operating with under the l- over the last six years. Passing this legislation gives pharmacists the certainty they need continue investing in local communities, benefiting families in every corner of the country. I urge my colleagues to vote yes on this bill, and I yield back.

Rep. Smith (MO-8)30:06 – 30:27

Thank you. The committee will now proceed to consideration of H R thirty-one, sixty-four, the ensuring community access to pharmacy services act. Without objection, the measure will be considered as read and open for amendment at any point. At this time, I offer an amendment in the nature of a substitute, which was distributed in advance along with a green sheet explaining it. Without objection, the amendment in the nature of a substitute shall be considered

Patrick Dumas (Witness)30:47 – 31:26

Thank you, Chairman Smith, Ranking Member Neal. Thank you, Chairman Smith, Ranking Member Neal. H. R. thirty-one, sixty-four contains two sections. Section one provides for the short title of the bill, which is renamed in the amendment in the nature of a substitute. to the Main Street Pharmacy Access Act. Section two amends section eighteen sixty-one of the Social Security Act to provide Medicare reimbursement for certain pharmacist's services, specifically testing and treatment relating to four respiratory illnesses, or to address a health need in the event of a public health emergency. Medicare will only reimburse for such services if they are provided in accordance with state scope of practice laws including under the supervision or working in collabor

Rep. Smith (MO-8)31:39 – 31:44

Thank you. Are there any technical questions about the amendment and the nature of a subst substitute? Mister Doggett.

Rep. Doggett (TX-37)31:46 – 31:53

You just heard the uh chairman refer to the multi-million dollar elephant in the room. Does this bill do anything about it?

Patrick Dumas (Witness)31:56 – 31:58

Does this bill

Rep. Doggett (TX-37)31:58 – 32:02

Yes. Does this bill do anything about the multi-million dollar elephant in the room,

Patrick Dumas (Witness)31:58 – 31:59

do anything about

Rep. Doggett (TX-37)32:03 – 32:03

fraud?

Patrick Dumas (Witness)32:04 – 32:05

About fraud?

Rep. Doggett (TX-37)32:05 – 32:06

Yes.

Patrick Dumas (Witness)32:07 – 32:10

This bill provides Medicare reimbursement for pharmacist administered services.

Rep. Doggett (TX-37)32:09 – 32:11

It d- it does not address fraud, does it?

Patrick Dumas (Witness)32:12 – 32:13

It contains

Rep. Doggett (TX-37)32:12 – 32:15

It may be meritorious, but it doesn't address the subject of fraud.

Patrick Dumas (Witness)32:16 – 32:22

It contains guardrails for uh pharmacists administering these services to make sure they're provided within scope of practice.

Rep. Doggett (TX-37)32:23 – 32:29

N- none of which has anything to do with reducing the amount of fraud that may or may not be occurring.

Rep. Smith (MO-8)32:30 – 32:30

Sure.

Rep. Doggett (TX-37)32:31 – 32:32

Sure. Thank you.

Rep. Smith (MO-8)32:35 – 32:42

I'd remind the members, um, please ask questions, uh, and technical questions for technical questions. Um, mister, miss Moore.

Patrick Dumas (Witness)32:42 – 32:43

That could be more technical than that.

Rep. Moore (WI-4)32:48 – 33:26

Uh, thank you, Mr. Chairman, for recognizing me. I Um, when we when we look at this, this this provides Medicare reimbursement of pharmacists for certain evaluation and management related to COVID, influenza, rep resp uh respiratory uh syncy- uh syncytial virus or strep, as well as services related to a public health emergency such as the opioid emergency currently in effect. Would the pharmacist be able to provide opioids in this bill?

Patrick Dumas (Witness)33:27 – 33:31

This bill does not change what pharm what services pharmacists are able to provide.

Rep. Moore (WI-4)33:31 – 33:37

Um, um, they will not be able to treat people or provide opioids to people under this bill, will they?

Patrick Dumas (Witness)33:37 – 33:44

Uh, that is completely dependent on state scope of practice law. This bill just changes what Medicare will reimburse for.

Rep. Moore (WI-4)33:45 – 34:10

Okay. Um, so, um, what I I will these pharmacists be able to give a strep test or COVID test right there on the spot I think. We all know that we can give ourselves COVID tests, but how will they be able to determine whether it's a virus or bacteria infection? Do they provide the test right there on the spot?

Patrick Dumas (Witness)34:10 – 34:25

Yeah, there are different levels of uh approved COVID or or strep tests, some of which um require more uh experience and and are to be administered by a practitioner. So those are the types of tests that uh the pharmacist would be able to provide and be reimbursed for.

Rep. Moore (WI-4)34:25 – 35:19

And you may not know the answer to this question. Maybe it will be revealed during some of the discussion here. Um, uh, you know, I don't remember having a strep test, but I don't know how long it takes to get those results. You know, and you know, where would the pharmacist? It is important to determine whether it's strep or a virus. Because we don't want to give people too many antibiotics. That's dangerous. And if it is a a bacterial infection, they do need to be provided with those medications. If it's a virus, you know, how you know, is there clinical evidence? Well, you wouldn't know the answer to this. So thank you very much. So I'll just I'll just leave it at that. And hope and rely on my colleagues to explain these things to me.

Rep. Smith (MO-8)35:20 – 35:20

Are there

Rep. Moore (WI-4)35:20 – 35:20

I yield back.

Rep. Smith (MO-8)35:20 – 35:31

Thank you. Are there additional technical questions about the amendment and the nature of a substitute? Seeing none, we will move to strike the last word. Does any member wish to strike the last word?

Rep. Schneider (IL-10)35:31 – 35:32

Missed Moore.

Rep. Smith (MO-8)35:31 – 35:32

Missed Moore.

Rep. Moore (WI-4)35:35 – 36:03

Um, thank you, I just want to get into a colloquy with the author of this bill. Um, I would like to be reassured that um that the pharmacists have the clinical experience um to be able to determine the difference between a virus and a bacterial infection and so would someone yield mister schneider

Rep. Schneider (IL-10)36:02 – 36:35

i'm a uh let me first say i'm not a doctor i am an engineer so i think i know everything But uh the the the test, whether it's for COVID, for flu, for um strep, these are are tests developed by companies most many US, um many around the world. They are administered by a professional, but the results, it it's it's the the reading of that. So a strep test and I'm gonna look to Doctor, is Doctor Murphy here?

Rep. Moore (WI-4)36:36 – 36:36

Ooh, I can't.

Rep. Schneider (IL-10)36:36 – 36:45

Um yeah, a rapid strep test is a couple of minutes and it comes back positive or negative. And Hence the term rapid. What's that? Hence the term rapid.

Rep. Moore (WI-4)36:46 – 36:46

Okay.

Rep. Schneider (IL-10)36:46 – 37:07

So um it would be the the the testing whether it's strips or whatever the um a medium may be, uh it is the pharmacist who is administering that test, but they're not determining whether it's a virus or a b a bacteria or anything else, it's the testing um products that would do that. Does that make sense?

Rep. Moore (WI-4)37:07 – 37:41

Yeah, okay, so All right, the doctor has something to say. I mean, how will we it will they have uh access to a patient's profile to know that they're allergic to certain antibiotics? I discovered kind of the hard way that I was allergic to augmentum, um, is that would uh would this bill require that a patient's profile be available to them so that they can They can know whether or not they're providing penicillin to someone who's

Rep. Schneider (IL-10)37:41 – 37:44

They're they're not they're not providing medicine in this bill.

Rep. Moore (WI-4)37:44 – 37:46

They're not they don't provide medicine?

Rep. Schneider (IL-10)37:46 – 37:58

That this would this would allow them to be reimbursed for the test. Think about during COVID as uh millions of people across the country went to their local pharmacist uh for the COVID test,

Rep. Moore (WI-4)37:58 – 37:58

Right.

Rep. Schneider (IL-10)37:58 – 38:22

um to the pharmacist, and some people just may not be comfortable taking it themselves, or for the strep test. Um Pharmacists do provide uh vaccines um as they do today and and millions of people benefited from since COVID going I get my flu and and um uh COVID vaccine at my local Walgreens.

Rep. Moore (WI-4)38:23 – 38:31

Good that you have one, I don't have one, it it moved. Um so you say that they won't be giving a medicine, so what do they do?

Rep. Schneider (IL-10)38:31 – 38:35

They would not be this isn't a prescription. Uh, they're not providing prescribed.

Rep. Moore (WI-4)38:36 – 38:40

So they're just testing to see that you have strep but then they don't give you medicine?

Rep. Schneider (IL-10)38:42 – 38:43

They they're

Rep. Smith (NE-3)38:43 – 38:44

Would the gentlelady yield?

Rep. Schneider (IL-10)38:45 – 38:45

Yes.

Rep. Moore (WI-4)38:45 – 38:45

Yes.

Rep. Smith (NE-3)38:46 – 39:32

Yes, uh the the bill would provide for mild treatment uh similar to if a patient would go to a walk-in urgent care. Uh instead they could go to the local pharmacist to be to be tested for the common respiratory illness and the mild treatment. So, I, pursuant to your concerns about allergies and so forth, uh of course that's always a concern regardless of where you go. Uh, a, a local pharmacist could, could have record of that as well. And similar to a, uh, if you're traveling and you walked into a, a, um, walk-in urgent care that wouldn't have the record, there, there's still, uh, consistent concerns there, but ultimately working through that to make sure the patient gets what they need on a, on a timely basis.

Rep. Moore (WI-4)39:34 – 39:47

OK. Well, thank you, uh, Mr. Chairman. Thank you, gentlemen, for this colloquy. Um, and, you know, I have s- some slight discomfort, but I will listen to the debate. Thank you.

Rep. Smith (NE-3)39:47 – 39:47

Thank you.

Rep. Moore (WI-4)39:47 – 39:48

I yield back.

Rep. Smith (MO-8)39:48 – 39:49

Thank you. Doctor Murphy?

Rep. Murphy (NC-3)39:50 – 42:31

Thank you, Mr. Chairman. Uh, I'll I'll first and foremost say in my thirty-five years of clinical medicine, I've had a, uh, had the great honor and wonderful enjoyment of having great relationships with my all of my pharmacists throughout, you know, literally a third of the state of North Carolina. I I would like to just bring up um some concerns I have just from from a medical standpoint and while I appreciate what is the limited scope in terms of testing and treating of specific ailments I do think that we do need to recognize a few things. I wou I would be remiss if I did not I think it is clinical uh I think it is important to see the patient's full clinical history um Underlying health health conditions, medications, allergies, allergies a patient hopefully would know their selves, but frankly, having dealt with that a lot of folks don't even know their own medicines. Pharmacists should have access to those things, uh but they don't know their own uh sometimes their own health history and sometimes their their um their allergies, especially in in the Medicare population and and in in Medicaid population. Um I uh one example is in the and I'll bring this out because it wou I think it's a very germane example. We saw of course on the television, as you many of you know, the bane of my existence is direct consumer advertising, and you heard the phrase " got COVID, it's Paxlovid." Well, I believe it was absolutely reckless in the pharmaceutical uh world to to say that, because just you had just because you had COVID did not mean you need Paxlovid. And if we get to the point and we start extrapolating, uh there is a real problem with antibiotic resistance in this country. Um strep is an antib- is a a bacteria generally very you're very easily treated with ampicillin some type of penicillin derivative. But if we get into treating urinary tract infections um not everybody who has a quote urinary tract infection needs an antibiotic, in fact a large number don't, they're colonized. And if we're gonna get further and further antibiotic resistance um with more and more antibiotics being prescribed it is a major, major problem. And the only reason I bring this up is so many pharmacies now are under the push pin of companies like United Healthcare for example. that owns pharmacy benefit managers and pharmacies, and I fear our pharmacists will get a lot of pressure from above to prescribe things. No medicine, aspirin, is not without side effects. Uh, no vaccine is without side effects. I don't care what Fauci told the world. Um, I know uh, I'd known several vaccine injuries that do occur. And what I what I urge is then that our pharmacists, and I know this, I mean, I love our pharmacists, I I just urge that there be a collaborative agreement or collaborative relationship with physicians who know these patients. Um, it is always a team approach,

Rep. Smith (MO-8)42:31 – 42:31

Funny.

Rep. Murphy (NC-3)42:32 – 43:02

and I do absolutely understand the challenges that happen in rural America with not being able to access a physician. Um, that's an entirely different argument. But I would be remiss if I did not state there were some concerns, especially given the world of vertical integration and the pressure that so many pharmacists have, and that we have patients, sadly enough, that show up and because they have something, they want a prescription for this. Uh, this will continue to push a lot of the scope of practice laws even further, across the country, um, which is a challenge,

Rep. Smith (MO-8)43:02 – 43:02

Yeah.

Rep. Murphy (NC-3)43:02 – 43:11

um, for medicine, is as it is. And so I - I will say those are my concerns. That said, I am going to support the underlying bill.

Rep. Smith (MO-8)43:11 – 43:11

I like that.

Rep. Murphy (NC-3)43:11 – 43:26

I do want us to be very, very conscious as we move forward, um, of the - of the concerns that are raised, um, the concerns I have and - and the medical community as far as physician community have, with some of the possible

Rep. Smith (MO-8)43:26 – 43:26

Sure.

Rep. Murphy (NC-3)43:26 – 43:58

dangerous not dangerous some of the uh concerns that would be overprescribing either of vaccines or of medications and if there's always a a a little slippery slope that once you allow one thing and then people are gonna say the next year well we can do this, and then we can do this, and then we can do this. Uh that said uh Representative Smith and I have had uh wonderful good discussions very fruitful discussions about my concerns with this, and so I appreciate him listening to that and staff listening to this. Uh, s- but I will under- support the underlying bill. Thank you. I'll yield back.

Rep. Smith (MO-8)43:59 – 44:01

Thank you. Um, Mister Smith?

Rep. Smith (NE-3)44:03 – 44:57

Thank you. I appreciate, uh, the doctor's, uh, insights here. I think of, uh, I want to emphasize that, uh, the the language in the bill simply provides for Medicare reimbursement for those services that are already reimbursed through Medicaid and commercial pay. There's no expansion of scope. Uh, I think it's important that any medical provider, of course, uh, interface with, uh, the primary care provider, uh, along the way, uh, when - when possible, and, uh, that - that - that's in the interest of - of the patient. All of this is in the interest of the patient, of course. And, uh, that, uh, this is a - a very narrow, uh, text here in the bill to make sure it doesn't do things that, uh, are certainly not intended. And then, like I said, makes it consistent with Medicaid and commercial pay. Thank you. I yield back.

Rep. Smith (MO-8)44:59 – 44:59

Mister Nill.

Rep. Neal (MA-1)45:00 – 45:46

Thank you, Chairman. Uh, appreciate the comments of uh Miss Moore as well as Doctor Murphy on this, and they've raised a series of appropriate questions as we've proceeded. So I think expanding to access to care is part of the goal that we've all had, particularly on our side here. But I think that there are some issues that need closer attention with this bill. The issue again that Miss Moore raised was how this interacts with public health emergencies as well as to how this interacts with the s- scope and practice that underlies many of the credentials that will be tested and I hope that the committee, as this moves through, will have an opportunity to further refine some of the thinking on this. I think that might be an appropriate measure as well.

Rep. Smith (NE-3)45:46 – 45:47

Would the gentleman yield?

Rep. Neal (MA-1)45:47 – 45:47

Please.

Rep. Smith (NE-3)45:48 – 46:01

Uh certainly I I um Wanna emphasize though that this, this doesn't change any scope of practice. It does not widen it, it does not narrow it. That's been a priority uh along the path since original introduction.

Rep. Neal (MA-1)46:01 – 46:15

Yep. Yeah, so it, I think that the questions that Doctor Murphy raised here, and Miss Moore raised here, are entirely appropriate for us to air in a public setting like this as we proceed to, I think, uh, will be in accommodation down the road.

Rep. Smith (NE-3)46:17 – 46:17

You're back.

Rep. Smith (MO-8)46:19 – 46:20

Mister Kustolf.

Rep. Kustoff (TN-8)46:23 – 48:18

Thank you, Mister Chairman, thank you for holding the mark up today and appreciate you uh considering this legislation and I do move to strike the last word. Mister Chairman, I represent Tennessee's eighth congressional district that has a number of rural counties uh and it is uh within the primary care health professional shortage areas as designated by the Health Resources Services You know this from the district that you represent, Mister Chairman, but for many Americans living in rural areas, that hometown pharmacist could be the go-to person, he or she, for health advice, for testing and for treatment when they have the flu, the strep strep throat, or what have you. I believe that pharmacists can and do fill a gap in rural health care. And we've also seen a troubling wave of rural pharmacy closures across the nation. This legislation could address both of these issues. This bill, the Main Street Pharmacy Access Act, provides Medicare reimbursement to pharmacists for the testing and treatment of c- of common illnesses. These are services that pharmacists are already authorized to provide in states like my state of Tennessee. So whether it's a retail pharmacist in Memphis, Tennessee or Jackson, Tennessee or an independent pharmacist in rural West Tennessee, it's important to ensure that the government pays fairly for the services that they're trained to deliver. I think by supporting these trusted providers and strengthening their role in the health care system, we can improve access, we can lower cost, and deliver better outcomes for all of our constituents. Thank you, Mr. Chairman, and I'll yield back.

Rep. Smith (MO-8)48:20 – 48:21

Mr. Iacom.

Rep. Yakym (IN-2)48:22 – 49:55

Mr. Chairman, I move to strike the last word. I'm a proud cosponsor of the Main Street Pharmacy Access Act, led by my friends Adrian Smith and Brad Schneider. When talking to Hoosiers back home, I constantly hear about concerns regarding the cost, quality, and access to health care. Access to health care is a huge issue, particularly for Hoosiers, I serve living in rural communities. They often face a limited number of providers and are forced to drive long distances to receive their care. Pharmacists are on the front lines of providing health care options in our communities and they are a critical part of our patients' team. Ninety percent of Americans within five mi- live within five miles of a pharmacist and all fifty states allow collaborative agreements between pharmacists and other medical providers. These agreements result in better health care outcomes better access, and lower health care costs. During the COVID-19 pandemic, licensed and trained pharmacists could receive Medicare reimbursement for testing and treating seniors with COVID. But this authority lapsed when the public health emergency ended. The Main Street Pharmacy Access Act would restore and expand seniors' access to to this important service by allowing pharmacists to receive Medicare reimbursement for testing and treatment services for respiratory illnesses such as strep throat, influenza, and RSV. This bill will help alleviate access issues and provide better health care outcomes for our seniors. I look forward to voting for this bill. I urge my colleagues to do the same. And, Mr. Chairman, I yield back.

Rep. Smith (MO-8)50:00 – 50:28

Are there additional members who wish to strike the last word? Seeing no members, additional members wish to strike the last word, um are there any amendments to the amendment in the nature of a substitute? Miss Chu.

Rep. Chu (CA-28)50:30 – 50:31

I have an amendment at the desk.

Rep. Yakym (IN-2)50:31 – 50:32

Order.

Rep. Smith (MO-8)50:33 – 51:01

Uh, point of order has been reserved with the lady to suspend while the amendment is distributed. The General Lady may proceed.

Rep. Chu (CA-28)51:02 – 55:03

Mister Chair, I have a simple amendment that I believe strengthens the underlying bill and strengthens the underlying bill and strengthens the underlying strengthens patient access to care. If Congress is going to expand the role of pharmacists in our health care system, then patients must be able to trust that when they walk into a pharmacy with a valid prescription for birth control, they will actually receive the medication they need. My amendment is very simple. It says that if a pharmacist refuses to dispense FDA approved birth control to a patient with a valid prescription, that pharmacist should not be eligible to participate in this new Medicare reimbursement program created by the bill. This is a very narrow, straightforward amendment tied directly to the purpose of the underlying legislation. If this bill is about expanding access to care, then pharmacists participating in this new reimbursement program should provide access to care. Nearly nine in ten women of reproductive age have used contraception. And an overwhelming majority of Americans, including Republicans, Democrats and Independents, support access to the full range of birth control. And birth control is not a one size fits all. Different people need different methods depending on their health needs and circumstances. That is why access to the full range of FDA approved contraceptive methods matter. Plus, millions of people rely on birth control to treat serious medical conditions and improve their quality of life, including endometriosis, PCOS, anemia, irregular bleeding, and other chronic conditions. Hormonal contraception can also reduce the risk of certain cancers. And we cannot ignore the broader reality, which is that reproductive health care access is under attack like never before across the country. Last year alone, fifty-one Planned Parenthood health centers were forced to close their doors, leaving patients with fewer options for essential care, including contraception. Nearly three quarters of those closures occurred in underserved areas, rural communities, or health professional shortage areas. For many patients, being denied medication at the pharmacy counter means taking another day off work, having the time and transportation to get to another pharmacy an unknown distance away delaying care or going without the medication entirely. So if this bill is truly about expanding access to care, then that must include access to FDA-approved birth control. We should not be expanding reimbursement while allowing patients to be turned away from medically approved legally prescribed contraception. That undermines the very purpose of the underlying bill. My amendment simply says that if you want to participate in this new Medicare reimbursement framework designed to expand patient access, then patients should be able to receive the medications their healthcare provider prescribed. That's reasonable, that's responsible, and that is what patients across this country deserve. That being said, I support the underlying bill and its goal of expanding access to care. In many communities, especially rural and underserved communities, pharmacists are some of the most accessible health care providers people see. For many Americans, the local pharmacist is on the front lines of our health care system. So I appreciate that this bill is intended to help patients get care more easily and more quickly. I urge my colleagues to vote yes on this amendment and I yield back.

Rep. Smith (MO-8)55:04 – 55:06

Further discussion on the amendment? Uh, Mr. Smith.

Rep. Smith (NE-3)55:07 – 55:54

Thank you, Mr. Chairman. I do rise in opposition to the amendment, having uh seen it for the first time just about three minutes ago. I I believe that this should be a separate uh piece of legislation um for discussion uh separately but certainly the the narrow scope of the bill I think is important to uh and that's a result of the bipartisan effort that has taken place for some time now, uh working through this and working through concerns and in shaping the bill, like I said, over some time. So um I would urge uh Miss Chu to introduce this as a separate piece of legislation. I respect her opinions um on uh these issues, but certainly would urge uh a no vote on the amendment. Thank you, I yield back.

Rep. Smith (MO-8)55:55 – 56:05

Thank you, are there further discussion on the amendment? Seeing none, the question is on the adoption of the amendment from the gentle lady from California. All those in favor signify by saying aye.

Clerk56:05 – 56:05

Aye.

Rep. Sánchez (CA-38)56:05 – 56:06

Aye.

Rep. Smith (MO-8)56:06 – 56:07

All opposed say no.

Clerk56:07 – 56:08

No.

Rep. Smith (MO-8)56:08 – 56:13

The no's have it, the amendment's not to adopt adopting. Are there additional amendments?

Rep. Sánchez (CA-38)56:18 – 56:22

Mr. Chairman, can I ask for a roll call vote on that last amendment?

Rep. Smith (MO-8)56:22 – 56:23

Will the clerk call the roll?

Clerk56:26 – 56:26

Mister Buchanan.

Rep. Smith (NE-3)56:26 – 56:27

No.

Clerk56:27 – 57:11

Mister Buchanan, no. Mister Smith of Nebraska. Mister Smith of Nebraska, no. Mister Kelly. Mister Kelly, no. Mister Schweikert. Mister Schweikert, no. Mister Lihut. Mister Arrington. Mister Estes. Mister Estes, no. Mister Smucker. Mister Smucker, no. Mister Hearn. Mrs. Miller. Doctor Murphy.

Unknown57:12 – 57:12

Yes.

Clerk57:12 – 57:13

Doctor Murphy.

Unknown57:14 – 57:15

Yep.

Clerk57:15 – 57:15

No.

Unknown57:16 – 57:16

No, I said yes.

Clerk57:16 – 57:22

Doctor Murphy, yes. Mister Custoff.

Unknown57:22 – 57:23

No.

Clerk57:23 – 57:24

Mister Custoff,

Unknown57:24 – 57:24

No.

Clerk57:24 – 57:27

no. Mister Fitzpatrick.

Unknown57:27 – 57:27

No.

Clerk57:28 – 57:31

Mister Fitzpatrick, no. Mister Stubbe.

Unknown57:31 – 57:32

No. No.

Clerk57:32 – 58:08

Mister Stubbe, no. Miss Tenney. Mrs. Fischbach. Mrs. Fischbach, no. Mister Moore. Miss Van Duyn. Miss Van Duyn, no. Mister Feenstra. Mister Feenstra, no. Miss Maliatakis. Miss Maliatakis, no. Mister Carey. Mister Carey, no. Mister Joachim. Mister Joachim, no. Mister Miller.

Unknown58:09 – 58:09

No.

Clerk58:10 – 58:12

Mister Miller, no. Mister Bean.

Unknown58:13 – 58:13

No.

Clerk58:13 – 58:29

Mister Bean, no. Mister Moran. Mister Moran, no. Mister Neal. Mister Neal, yes. Mister Doggett. Doggett. Mister Doggett, yes. Mister Thompson. Mister Thompson, yes. Mister Larson.

Unknown58:29 – 58:30

Yes.

Clerk58:30 – 58:54

Mister Larson, yes. Mister Davis. Mister Davis, yes. Miss Sanchez. Miss Sanchez, yes. Miss Sewell. Miss Sewell, yes. Miss Delbene. Miss Delbene, yes. Miss Chiu. Miss Chu, yes. Miss Moore. Miss Moore, yes. Mister Boyle.

Rep. Smith (MO-8)58:54 – 58:55

Yes.

Clerk58:55 – 59:02

Mister Boyle, yes. Mister Beyer. Mister Evans.

Rep. Smith (MO-8)59:03 – 59:03

Yes.

Clerk59:04 – 59:13

Mister Evans, yes. Mister Schneider. Mister Schneider, yes. Mister Panetta. Mister Panetta, yes. Mister Gomez.

Rep. Smith (MO-8)59:13 – 59:13

Aye.

Clerk59:14 – 59:21

Mister Gomez, yes. Mister Horsford. Miss Plaskett.

Rep. Smith (MO-8)59:22 – 59:22

Yes.

Clerk59:22 – 59:35

Miss Plaskett. Yes. Mister Swasey. Mister Swasey. Yes. Mister Llood.

Rep. Smith (MO-8)59:35 – 59:36

No.

Clerk59:37 – 59:41

Mister Llood. No. Mister Arrington.

Rep. Smith (MO-8)59:42 – 59:48

Okay. How is Doctor Murphy recorded?

Clerk59:50 – 59:55

Doctor Murphy, yes. Doctor Murphy, no.

Rep. Neal (MA-1)1:00:01 – 1:00:03

We put UnitedHealthcare in with a

Clerk1:00:03 – 1:00:21

Mister Arrington. Mister Hearn. Mister Hearn, no. Mrs. Miller. Miss Tenney. Mister Moore.

Rep. Davis (IL-7)1:00:21 – 1:00:22

No one will be invited.

Clerk1:00:22 – 1:00:35

Mister Moore, no. Mister Buyer. Mister Horsford. Chairman Smith.

Rep. Smith (MO-8)1:00:36 – 1:00:36

No.

Clerk1:00:36 – 1:00:38

Chairman Smith, no.

Rep. Smith (MO-8)1:00:54 – 1:00:55

Clerk will report the vote.

Clerk1:00:56 – 1:00:59

Mister Chairman, the yes's are seventeen and the no's are twenty-three.

Rep. Smith (MO-8)1:00:59 – 1:01:07

There being seventeen no's and twenty seventeen yes's and twenty-three no's, the amendment is not adopted. Are there additional amendments?

Rep. Davis (IL-7)1:01:08 – 1:01:08

Mm-hmm.

Rep. Smith (MO-8)1:01:09 – 1:01:09

Mister,

Clerk1:01:09 – 1:01:09

Davis.

Rep. Smith (MO-8)1:01:09 – 1:01:11

mis- Mister Davis.

Rep. Buchanan (FL-16)1:01:13 – 1:01:14

Mister Chairman, I have reserved a point of order.

Rep. Davis (IL-7)1:01:13 – 1:01:14

Thank you, Mister Chairman.

Rep. Smith (MO-8)1:01:15 – 1:01:33

A point of order has been reserved. Will the gentleman suspend um while the amendment is distributed? Mister Davis, you can proceed.

Rep. Davis (IL-7)1:01:33 – 1:04:45

Thank you, Mister Chairman. Community health centers are the nation's largest primary care network, serving more than fifty-two million Americans, nearly one in seven people across the country. For decades, these health centers have served as lifelines in communities too often overlooked, providing high-quality comprehensive care to patients regardless of their ability to pay. In my district alone, twelve community health centers provide comprehensive and affordable primary care to more than six hundred and twenty-two thousand patients. I know personally the value of community health centers because I am one of those patients. For decades, I have proudly received my care at the Miles Square Community Health Center. Leadership at Miles Square has emphasized that team-based care, including the integration of pharmacists, is essential to meeting the needs of their patients, especially those living with diabetes. Last year alone, Miles Square cared for more than five thousand two hundred patients with diabetes and employed one clinic of pharmacists dedicated specifically to diabetes care. In twenty twenty-five, that pharmacist cared for a hundred and fifty patients, including thirty-eight seniors on Medicare. This pharmacist provides hands-on education that many patients would not otherwise receive, assists patients in managing continuous glucose monitoring, and helps ensure medications are used safely and effectively. Pharmacists play a critical role in improving health outcomes at mile square and at community health centers across the country. That is why I am concerned that HR thirty-one sixty-three does not include community health center pharmacists in the bill's coverage expansion. As currently written, the oversight would could mean that four point two million seniors across the country receiving care at community health centers may not fully benefit from the legislation's expanded services. I understand that the issue was identified a bit late to be addressed during today's mark-up. However, I would respectfully ask for a commitment, Mister Chairman, from both you and Ranking Member Neal to work with me and others to close this gap in coverage as the bill moves forward. I thank you for that consideration.

Rep. Smith (MO-8)1:04:45 – 1:04:47

Yeah, absolutely, Mister Davis.

Rep. Davis (IL-7)1:04:47 – 1:04:50

And I will withdraw my amendment at this time.

Rep. Smith (MO-8)1:04:51 – 1:04:54

Thank you, Mister Davis. Are there uh additional amendments?

Rep. Neal (MA-1)1:04:55 – 1:04:56

And Thompson.

Rep. Smith (MO-8)1:04:57 – 1:04:57

Mister Thompson.

Rep. Neal (MA-1)1:04:59 – 1:05:01

Thank you, Mr. Chairman. I have an amendment at the desk.

Rep. Davis (IL-7)1:05:00 – 1:05:02

Mr. Chairman, a recent point of order.

Rep. Smith (MO-8)1:05:02 – 1:05:06

Uh, point of order has been reserved with the gentleman's suspend while his amendment is distributed.

Rep. Neal (MA-1)1:05:06 – 1:05:06

Of course.

Rep. Davis (IL-7)1:05:08 – 1:05:08

Thank you.

Rep. Smith (MO-8)1:05:24 – 1:05:25

Mr. Thompson, you can proceed.

Rep. Neal (MA-1)1:05:25 – 1:07:41

Thank you, Mr. Chairman. Um. My Republican colleagues are having this mark-up today on issues related to health care, assistance to needy families, and social security. All important. But these are the same Republicans who cut one trillion dollars in health care funding, took a hundred and eighty-seven billion dollars away from hungry families, and allowed does to access America's sensitive information. Under their watch, hospitals will close. Children will go without meals. People will be harmed. Some will die. They say we don't have the money to care for our fellow Americans, but somehow we have money to give tax cuts to billionaires. They say there's rampant fraud everywhere. And I believe we should go after fraud everywhere it lurks, including the White House. The president is suing the very government he's in charge of, negotiated a one point eight billion dollar slush fund. That is a American taxpayer money going directly to himself, to his family, his allies, and most disgustingly, to the January six rioters who beat the crap out of Capitol Police officers. Mister Chairman, that's fraud. And it's a heist. That's and it's a stain on our great country. And it's an attack on the American people, the American taxpayers. Yesterday I asked that we mark up my legislation to prevent people from profiting from this fund. And I was met with silence. So I'm offering an an amendment today that says this bill will not go into effect unless Treasury certifies that no money from this fund has been spent. American taxpayers should not be the piggy bank for the President, his allies, nor the insurrectionists. I urge an aye vote on my amendment and I yield back.

Rep. Larson (CT-1)1:07:40 – 1:07:44

Yeah. Do you mind going up with this guy, Bill?

Rep. Smith (MO-8)1:07:45 – 1:07:45

Mr. Buchanan.

Rep. Buchanan (FL-16)1:07:47 – 1:08:17

Yeah, Mister Chairman, uh, I'd I'd make a point of order against the amendment. Mister Chairman, the amendment is not germane to the underlying resolution. Uh, an amendment is not germane if it makes effectamists of the bill contingent upon unrelated events or t- determinations. The condition imposed by this amendment is unrelated to the subject matter of the underlying resolution, which is specific to Medicare. Therefore, the amendment is not germane and I urge the chair to sustain the point of order.

Rep. Smith (MO-8)1:08:18 – 1:08:22

The chair is ready to roll on the point of order, but would love to recognize Mr.

Rep. Neal (MA-1)1:08:24 – 1:09:56

Thank you, uh, Mr. Chairman. You know, this, this is every bit in order. Uh, this is the whole crux of what we're doing. The crux of what this committee, the most important committee in the United States Congress, is here to do. Uh, it's fraud. Uh, it's a rip-off to the American taxpayer. Uh, while at the same time, uh, American taxpayers are being forced to go without health care. uh hungry people go without food assistance. We need to address these issues. The idea that a president can negotiate with his own administration a slush fund that will make him richer make his family richer, and give a payout to the insurrectionists who beat up the police officers who keep us all safe uh within this is outrageous. Uh, my Republican colleagues shouldn't be raising points of order against this. They should be clamoring to join us and to express their outrage, and to make sure we right this wrong. Mister Chairman, this this bill, this amendment needs to be fully debated, it needs to be voted on, and it needs to pass. And if we're going to proceed with the um with Mister Buchanan's Um motion, I would ask that we do it with a voice vote.

Rep. Smith (MO-8)1:09:57 – 1:09:57

With a voice vote.

Rep. Neal (MA-1)1:09:57 – 1:09:57

Yield back.

Rep. Smith (MO-8)1:09:59 – 1:10:02

Uh the the chair rolls

Unknown1:10:00 – 1:10:03

Recorder. Recor excuse me, recorder go.

Rep. Smith (MO-8)1:10:03 – 1:10:06

You can do that by appealing the decision of the chair.

Rep. Smith (NE-3)1:10:05 – 1:10:05

Yeah.

Rep. Smith (MO-8)1:10:06 – 1:10:10

The chair has not made the decision yet, but the chair is willing to make the decision right now.

Unknown1:10:09 – 1:10:12

For the gentleman right. For the gentleman right.

Rep. Smith (MO-8)1:10:10 – 1:10:14

Um that amendment is not germane and it is not held.

Unknown1:10:13 – 1:10:15

For the gentleman right.

Rep. Smith (MO-8)1:10:15 – 1:10:18

Does the gentleman wish to appeal the decision of the chair?

Unknown1:10:18 – 1:10:19

I do wish to appeal the chair, thank you.

Rep. Smith (MO-8)1:10:19 – 1:10:20

Clerk, call the roll.

Rep. Smith (NE-3)1:10:19 – 1:10:21

I moved the table. I moved the table.

Rep. Neal (MA-1)1:10:22 – 1:10:25

The, the question is on the motion. The

Rep. Smith (MO-8)1:10:25 – 1:10:30

The question is, the gentleman, Mister Smith, is recognized to table the motion.

Rep. Smith (NE-3)1:10:30 – 1:10:31

I moved the table.

Rep. Smith (MO-8)1:10:33 – 1:10:37

The question is to table the motion. Uh, the clerk will call the roll.

Clerk1:10:38 – 1:10:39

Mister Buchanan.

Rep. Buchanan (FL-16)1:10:39 – 1:10:39

No.

Rep. Neal (MA-1)1:10:40 – 1:10:40

Yes.

Clerk1:10:40 – 1:10:40

Mister Buchanan.

Rep. Buchanan (FL-16)1:10:40 – 1:10:41

Yes, yes, yes.

Clerk1:10:42 – 1:10:55

Yes. Mister Smith of Nebraska. Mister Smith of Nebraska, yes. Mister Kelly. Mister Kelly, yes. Mister Schweikert. Mister Schweikert, yes. Mister LaHood.

Rep. Smith (MO-8)1:10:55 – 1:10:55

Yes.

Clerk1:10:56 – 1:11:20

Mister LaHood, yes. Mister LaHood. Mister Arrington. Mister Estes. Mister Estes, yes. Mister Smucker. Mister Smucker, yes. Mister Hearn. Mister Hearn, yes. Mrs. Miller. Doctor Murphy. Yes. Dr. Murphy, yes. Mr. Kustof,

Rep. Smith (MO-8)1:11:20 – 1:11:20

Yes.

Clerk1:11:20 – 1:11:23

Mr. Kustof, yes. Mr. Fitzpatrick,

Rep. Smith (MO-8)1:11:23 – 1:11:23

Yes.

Clerk1:11:24 – 1:11:26

Mr. Fitzpatrick, yes. Mr. Stubbe,

Rep. Smith (MO-8)1:11:26 – 1:11:27

Yes.

Clerk1:11:27 – 1:11:37

Mr. Stubbe, yes. Miss Tenney. Mrs. Fischbach, Mrs. Fischbach, yes. Mr. Moore,

Rep. Smith (MO-8)1:11:37 – 1:11:37

Yes.

Clerk1:11:38 – 1:11:52

Mr. Moore, yes. Miss Van Duyn, Miss Van Duyn, yes. Mr. Feenstra, Mr. Feenstra, yes. Miss Malia Takis. Miss Meliotakis, yes. Mister Kerry. Mister Kerry, yes. Mister Yockem.

Rep. Smith (MO-8)1:11:53 – 1:11:53

Yes.

Clerk1:11:53 – 1:11:56

Mister Yockem, yes. Mister Miller.

Rep. Smith (MO-8)1:11:56 – 1:11:56

Yes.

Clerk1:11:57 – 1:11:59

Mister Miller, yes. Mister Bean.

Rep. Smith (MO-8)1:11:59 – 1:12:00

Yes.

Clerk1:12:00 – 1:12:02

Mister Bean, yes. Mister Moran.

Rep. Smith (MO-8)1:12:02 – 1:12:02

Yes.

Clerk1:12:03 – 1:12:35

Mister Moran, yes. Mister Neal. Mister Neal, no. Mister Doggett. Mister Doggett, no. Mister Thompson. Mister Thompson, no. Mister Larson. Mister Davis. Mister Davis, no. Miss Sanchez. Miss Sanchez, no. Miss Sewell. Miss DelBene.

Rep. Sánchez (CA-38)1:12:36 – 1:12:36

No.

Clerk1:12:36 – 1:12:39

Miss DelBene, no. Miss Chiu.

Rep. Sánchez (CA-38)1:12:39 – 1:12:39

No.

Clerk1:12:40 – 1:12:45

Miss Chiu, no. Miss Moore. Miss Moore, no. Mister Boyle.

Unknown1:12:45 – 1:12:45

No.

Clerk1:12:46 – 1:13:16

Mister Boyle, no. Mister Buyer. Mister Evans. Mister Evans, no. Mister Schneider. Mister Schneider, no. Mister Panetta. Mister Panetta, no. Mister Gomez. Mister Gomez, no. Mister Horsford. Miss Plaskett. Miss Plaskett, no. Mister Swasey.

Rep. Sánchez (CA-38)1:13:17 – 1:13:17

No.

Clerk1:13:17 – 1:13:18

Mister Swasey, no.

Rep. Sánchez (CA-38)1:13:17 – 1:13:17

No.

Clerk1:13:21 – 1:13:58

Mister Errington. Mrs. Miller. Mrs. Fis- Miss Tenney. Miss Tenney, yes. Mister Larson. Mister Larson, no. Miss Sewell. Mister Buyer. Mister Horsford. Chairman Smith.

Rep. Smith (MO-8)1:13:59 – 1:14:00

Yes.

Clerk1:14:01 – 1:14:02

Chairman Smith, yes.

Rep. Sánchez (CA-38)1:14:03 – 1:14:06

Excuse me, I think you skipped Mister Davis and I.

Clerk1:14:11 – 1:14:14

Mister Davis, no. Miss Sanchez, no.

Rep. Sánchez (CA-38)1:14:15 – 1:14:16

Okay. Thank you.

Rep. Smith (MO-8)1:14:40 – 1:14:41

Clerk will report the vote.

Clerk1:14:43 – 1:14:45

Mister Chairman, the yeses are twenty-four and the noes are sixteen.

Rep. Smith (MO-8)1:14:46 – 1:15:02

There being twenty-four yeses and sixteen noes, the motion um passes. Are there additional amendments? Seeing no, additional amendments?

Rep. Neal (MA-1)1:15:03 – 1:15:06

Is the second raise all in favor? Need words for Mike. There's words for Adam?

Unknown1:15:06 – 1:15:06

Mm.

Rep. Neal (MA-1)1:15:08 – 1:15:08

Steven.

Unknown1:15:09 – 1:15:11

I want to know if he's not gonna be so hard to work on.

Rep. Smith (MO-8)1:15:10 – 1:15:11

Okay, thank you.

Clerk1:15:12 – 1:15:12

Yeah, thank you.

Rep. Smith (MO-8)1:15:12 – 1:15:20

Seeing that there's n- no amendments, the question is on the adoption of the amendment and the nature of a substitute. All those in favor signify by saying aye.

Clerk1:15:20 – 1:15:21

Aye.

Rep. Buchanan (FL-16)1:15:20 – 1:15:21

Aye.

Rep. Smith (MO-8)1:15:21 – 1:15:31

Those opposed say no. In the opinion of the chair, the ayes have it, and the amendment and the nature of a substitute is agreed to. I will now recognize Mister Buchanan for the purpose of offering a motion.

Rep. Buchanan (FL-16)1:15:31 – 1:15:39

Mister Chairman, I move the committee favorably reports H R thirty s thirty one sixty four as amended to the House of Representatives.

Rep. Smith (MO-8)1:15:40 – 1:15:49

The qu- the question is on the motion to favorably report H R thirty one sixty four as amended to the House and Representatives. All those in favor signify by saying aye.

Rep. Neal (MA-1)1:15:49 – 1:15:50

Aye. Aye.

Rep. Smith (MO-8)1:15:50 – 1:17:19

All opposed say no. The ayes have it. Um, and the motion is agreed to in H R thirty one sixty four as amended, is ordered favorably reported to the House. Without objection, I ask that staff be authorized to make technical and conforming changes to H R thirty-one sixty-four, and that members have two additional days to file with the committee clerk supplemental additional dissenting or minority views. We next move to the bipartisan provider reemba- the bipartisan provider reimbursement stability act, H R eighty-one sixty-three, led by Doctor Murphy, which modernizes Medicare's physician payment system by improving transparency accountability, and ensuring accurate and up-to-date calculations. Doctor Murphy has been relentless in his pursuit of fixing our broken healthcare reimbursement formulas. He knows from personal experience as a doctor, still practicing medicine, the challenges that patients face when they cannot access care. We appreciate turning those insights into bipartisan policy for the benefit of patients and the doctors who care for them. I'm pleased to recognize a gentleman from North Carolina, Doctor Murphy, for an opening. Doctor Murphy's not here. I will recognize the ranking member for an opening statement.

Rep. Neal (MA-1)1:17:21 – 1:17:26

Thank you, Mister Chairman, uh, I yield my time to the gentleman from uh New York, Mister Swasey.

Rep. Suozzi (NY-3)1:17:28 – 1:18:27

Thank you, Mister Chairman and Mister Ranking Member. Uh, the Provider Reimbursement Stability Act is a bill that's, uh, sponsored by Doctor Murphy and myself, and has also been cosponsored by, uh, six Democrats on the Ways and Means Committee and seven Republicans. Congresswoman Sewell, Gwen Moore, Boyle, Schneider, and Panetta, as well as sponsored by Carol Miller, Smucker, Fitzpatrick, Blickmore, Tenney, and Max Miller. It's been endorsed by the American Medical Association, uh all fifty-one state chapters, and the Medical Society of New York State, and seventy-one physician security uh specialty groups also support it. Mr. Chairman, uh I'm also grateful to the committee for considering this, and I see that Doctor Murphy has just arrived, and if he would like to I will yield uh some of my time to him.

Rep. Murphy (NC-3)1:18:28 – 1:18:33

I was in the operating room. I'm back. Uh, thank you, Mr. Schwasi-

Rep. Suozzi (NY-3)1:18:33 – 1:18:35

The late, the, the late Congressman Murphy.

Rep. Murphy (NC-3)1:18:36 – 1:20:55

I di- I didn't know I looked that bad. Um, uh, thank you, Mr. Schwasi, I wanna, uh, thank you for leading this legislation, uh, with me. Uh, at the foundation and the core has been the challengings that uh the challenges that, private practice medicine especially, has faced over the last quarter century with continued cuts by uh by Medicare Thirty-three percent inflation adjusted really over the last, uh, twenty uh, twenty-five years. My practice specifically, which has a large dependency upon Medicare and Medicaid, essentially, uh, ceased to exist the day I resigned from Congress because we couldn't keep the doors open and couldn't keep uh going, because of the continued cuts with Medicare. I'm happy to say that during the last ed- uh, last, uh, uh, session we were able to raise the rates up two and a three quarters percent, which is critical. What is happening now, and and this is a little bit wonky, is that w- when you look at utilization within CMS to see what gets triggered, do they need to increase, decrease rates, uh they're set at a twenty million dollar utilization uh threshold. And what we're doing is we're raising that now to fifty million dollars. So there's a lot more leeway when it comes for u- CMS when they're doing utilization reviews, uh so there's less fluctuation. So this is critical um informa- I mean it's gonna be critical legislation for allowing private practices to stay in business. We know that so many practices now have been sucked up, either by hospitals or by heck, insurance companies, private equity, because they can't make ends meet. The in- the variability and the expectation in the future, when I was doing our practice budgets every year of trying to plan for the future, we didn't and we didn't know what cut we were gonna be getting in the future. So this is going to be critical for stability. My still my opinion, private practice is still the most efficient and most cost-effective and most patient-friendly way of delivering medicine when physicians become employed um sadly enough, costs go up, and so we're really trying to keep what I believe is the best model of of medicine delivered uh viable. So again, I agree with uh Representative Swasey, a reminder that fifty state medical organizations, I don't recall there being fifty-one, um, and more than seventy leading medical organizations have signed on to this. I think this

Rep. Suozzi (NY-3)1:21:03 – 1:22:17

So I just want to point out that uh we all agree on this committee that the health care system in our country is a wreck. Uh it's way too expensive, it's getting worse every day. We're gonna have to do some work as a team, bipartisan, Democrats and Republicans, to figure out how we're gonna get a handle on this. Uh things have been made worse this year, I believe, by the elimination of the premium tax credits. The cuts that are coming to uh Medicaid are gonna be a major problem, uh but we have other problems as well related to our health system. We have to work on prevention, we have to work on uh uh s- stop spending so much money in the last six months of people's lives, uh we've gotta do a lot more things to try and support our hospitals and our providers, uh and to make Americans more healthy uh in the process as well as providing better access to them. And that's gonna require bipartisan work, but right now our doctors are facing a lot of struggles as well. Uh, and this is a practical, uh, partial fix to a problem that they're facing. Uh, the doctors would would love to see even more things done, uh, especially related to the, uh, Medicare Economic Index. Uh, but right now this is supported by all the groups that we've mentioned and we hope that our colleagues will support it as well, and I yield back.

Rep. Smith (MO-8)1:22:18 – 1:22:56

Thank you. The committee will now proceed to consideration of H R eighty-one sixty-three, the provider reimbursement stability. Without objection, the measure will be considered as read and open for amendment at any point. At this time, I offer an amendment in the nature of a substitute, which was distributed in advance along with the green sheet explaining it. Without objection, the amendment in the nature of a substitute shall be considered as read, open for amendment at any point, and considered base text for purpose of amendment. I will now turn to Patrick DeMoss, Health Subcommittee Staff Director, to provide a technical description of the amendment in the nature of a substitute, with an emphasis on the changes made since introduction. I ask that members hold their questions until after his presentation.

Patrick Dumas (Witness)1:22:57 – 1:23:51

Thank you, Chairman Smith, Ranking Member Neal. H R eighty-one sixty-three, the Provider Reimbursement Stability Act, contains five sections. Section one provides for the short title of the bill. Section two amends section eighteen forty-eight of the Social Security Act, to update the budget neutrality threshold under the Medicare physician fee schedule and to grow it with inflation. Section three amends section eighteen forty-eight of the Social Security Act, to require the secretary of health and human services to compare new service code utilization estimates prepared as part of the Medicare physician fee schedule with actual utilization data and make adjustments to the fee schedule's conversion factor to reflect any difference between the estimate and realized data. Section four amends section eighteen forty-eight of the social security act to require the secretary to provide timely updates to the direct cost inputs

Rep. Smith (MO-8)1:24:17 – 1:24:20

Are there uh any technical questions about the amendment in the nature of a substitute? Roger.

Rep. Doggett (TX-37)1:24:24 – 1:24:33

Uh, same question, Mr. Dumas. Uh, how does this bill address or does this bill do anything about the multi-million dollar elephant in the room?

Patrick Dumas (Witness)1:24:34 – 1:24:41

Uh, this this bill amends the way the uh Medicare position fee schedule is reimbursed and provides for more timely updates,

Rep. Doggett (TX-37)1:24:40 – 1:24:40

Yes, but

Patrick Dumas (Witness)1:24:41 – 1:24:47

which can make sure that we are paying providers accurately, ensuring that fraudulent and abusive payments are not happening.

Rep. Doggett (TX-37)1:24:45 – 1:24:48

It it doesn't really address fraud, does it?

Patrick Dumas (Witness)1:24:49 – 1:24:52

It it provides for timely and accurate updates, which

Rep. Doggett (TX-37)1:24:51 – 1:24:55

This this bill doesn't save any money from fraud, does it?

Patrick Dumas (Witness)1:24:56 – 1:24:59

By modernizing the direct cost inputs used in the bill.

Rep. Doggett (TX-37)1:24:59 – 1:25:02

This bill doesn't save money, it actually costs billions of dollars, doesn't it?

Patrick Dumas (Witness)1:25:03 – 1:25:07

Uh, the bill has a direct spending impact of just under five billion dollars.

Rep. Doggett (TX-37)1:25:06 – 1:25:11

Five billion dollars, no no savings from fraud are are enumerated in this bill.

Patrick Dumas (Witness)1:25:12 – 1:25:13

Not from fraud, no.

Rep. Doggett (TX-37)1:25:13 – 1:25:33

Yes, sir. Um, and while I support the bill, Uh, it does not address the broader questions that many physicians have been raising about the uh inflation that they're facing, a broader physician fixed bill. It deals with a one small aspect of their concerns. Is that a fair summary?

Patrick Dumas (Witness)1:25:34 – 1:25:49

Uh, the bill provides an inflation update to the budget neutrality threshold, uh, but otherwise the crux of the spending of the bill is dedicated to ensure that potential cuts that CMS unjustifiably makes to the physician fee schedule remain in the system.

Rep. Doggett (TX-37)1:25:49 – 1:25:55

The broader physician fee schedule issues that we've all been hearing about, they are not touched by this bill, are they?

Patrick Dumas (Witness)1:25:55 – 1:25:59

Uh, the bill makes four very critical changes to modernize the physician fee schedule.

Rep. Doggett (TX-37)1:25:58 – 1:26:01

Very modest changes compared to what they've asked for. Thank you.

Rep. Smith (MO-8)1:26:03 – 1:26:15

Are there additional technical questions about the amendment and the nature of a substitute? Seeing none, we'll move to strike the last word. Does any member wish to strike the last word? Mister Estes.

Rep. Estes (KS-4)1:26:20 – 1:28:19

Thank you, Mister Chairman. I'm Oysteroy Class Dord. You know, I rise today in strong support of H R eighty-one, sixty-three, the Provider Reimbursement Stab- Stability Act, and I'm proud to be a cosponsor of this vital legislation. In Kansas, and in particularly across our rural communities, access to a physician isn't just a matter of convenience, it's an absolute lifeline. Yet for years our health care provider's been forced to navigate a Medicare payment defined by volatility, outdated data, and arbitrary payment cliffs. H R eighty-one sixty-three is fundamentally about predict predictability and fairness. It modernizes a budget neutrality threshold that hasn't been updated since nineteen ninety-two. And it caps the year-to-year variance in the variation factors to stop the perpetual cycle of abrupt financial so- shocks hitting our medical practices. We must be clear-eyed about the cons- the consequences of inaction. If we do not reimburse our physicians appropriately, the math simply ceases to work for them to keep their clinic doors open. Continuing down the current path of - of unpredictable, severe payment cuts will inevitably accelerate early retirements among our most experienced doctors and severely worsen the workforce shortage that's already straining patient care. And while this legislation takes monumental steps to stabilize the Medicare physician fee schedule, It is also important that we continue monitoring complex moving parts within the broader system such as the efficiency adjustment. We want to ensure all aspects of the payment formula model are working smoothly together to support our providers rather than inadvertently adding to their burden. Our physicians cannot effectively care for our constituents if their practices are constantly on financials unstable ground. H R eighty-one sixty-three injects data-driven common sense back into the equation, ensuring that we protect the providers who protect our communities. I urge my colleagues to support this vital legislation. I yield back the balance of my time.

Rep. Smith (MO-8)1:28:26 – 1:28:26

Doctor Murphy.

Rep. Murphy (NC-3)1:28:28 – 1:30:21

Thank you, Mister Chairman, just in a follow-up some of the other comments. Uh, I do think this is critical. And to Mister Doggett's point, this this will save money because either you end up um, giving your practice essentially to a hospital which is a higher point of, uh, cost, or you go retire, or, um, many of the other things that really actually lead to a higher cost of care. We look at medical inflation, which has just tremendously marched on two and three times, what, uh, what, uh, average inflation is, and the fact that physicians have actually been cut by a third, um, two thirds of which almost came during the last administration. makes it actually not viable for physicians to be in private practice. So, uh, I I will say this is a way to provide stability, um, for the future, for practices themselves. I would be remiss if I also didn't mention another one of my bills, H R fifty-two ninety-nine, the Con- Cancer and Complex Therapy Act, which also further stabilizes, um, what is a, uh, a critical part of physician reimbursement, and that's just literally a percentage fee for Uh, cancer drugs for examples given, if w- as we continue to lower the cost of cancer drugs, which is great for everybody, lowering a percentage, which goes back to the administrative cost of physicians, is going to make it crippling and - and unable to deliver cancer therapies in a cheaper setting in offices, where they would then have to move to hospitals, which would increase the cost hundreds of percent. So these two things combined are a start. They're not the perfect way to fix this problem, Um, but we keep taking a nibble at the apple and I think trying to hopefully turn this, uh, vertical integration disaster around and get back to actually, I think, a more, uh, patient-centered and more efficient cost of way of delivering health care in this country. So I appreciate everybody's support. Thank you. I'll yield back.

Rep. Smith (MO-8)1:30:22 – 1:30:25

Are there additional members that wish to strike the last word? Mister Kustof.

Rep. Kustoff (TN-8)1:30:28 – 1:32:30

Thank you, Mister Chairman. I move to strike the last word. I appreciate uh our colleagues filing this bill, the Provider Reimbursement Stabilization uh Act. When I talk with physicians in my district, and I'm particularly independent physicians, they tell me, probably what they tell you all, what it what drives them to practice medicine. And they do truly want to spend time with their patients. That relationship obviously uh encourages the patients to live live healthier lives, which is what we all want. We also know that Medicare's reimbursement rates for physicians have not kept up with the cost of doing business. And and that means that some physicians see more patience to, uh, keep their overhead where it is. That results in less quality time with each and every patient. We do want our constituents to live healthier lives and h- have a healthier lifestyle. The Provider Reimbursement Stability Act includes a long-overdue bipartisan step towards increasing physician payments for Medicare and ultimately to tie that rate to inflation. I think by stabilizing reimbursement and aligning it with real-world cost, that this bill helps ensures that physicians can focus on delivering high-quality, patient-centered care rather than worrying about overhead, frankly. Passing this legislation is a practical step toward strengthening our health care system, importantly to support our providers and certainly the lives of our constituents in improving long-term care outcome for Medicare beneficiaries. I encourage passing of this bill, and, Mister Chairman, with that I will yield back.

Rep. Smith (MO-8)1:32:31 – 1:32:49

Does any additional members wish to strike the last word? Seeing none, we'll move to amendments. Um, are there any amendments to the amendment in the nature of a substitute? Seeing none, the question is on the adoption of the amendment in the nature of a substitute. All those in favor, signify by saying aye.

Clerk1:32:50 – 1:32:50

Aye.

Rep. Smith (MO-8)1:32:51 – 1:33:00

Those opposed, say no. In the opinion of the chair, the ayes have it, and the amendment in the nature of a substitute is agreed to. I will now recognize Mister Buchanan for the purpose of offering a motion.

Rep. Buchanan (FL-16)1:33:01 – 1:33:08

Mister Chairman, I move the committee favorably report H R eighty-one sixty-three as amended to the House of Representatives.

Rep. Smith (MO-8)1:33:08 – 1:33:15

The question is on the motion to favorably report H R eighty-one sixty-three as amended to the House of Representatives. The clerk will call the roll.

Rep. Kustoff (TN-8)1:33:17 – 1:33:17

Yes.

Clerk1:33:17 – 1:33:20

Mister Buchanan. Mister Buchanan, yes. Mister Smith, Nebraska.

Rep. Smith (MO-8)1:33:21 – 1:33:21

Yes.

Clerk1:33:21 – 1:34:06

Mister Smith of Nebraska, yes. Mister Kelly. Mister Kelly, yes. Mister Schweikert. Mister LaHood. Mister LaHood, yes. Mister Errington. Yes. Mister Errington, yes. Yes. Mister Estes. Mister Estes, yes. Yes. Mister Smucker. Mister Smucker, yes. Mister Hearn. Mister Hearn, yes. Mrs. Miller. Doctor Murphy. Dr. Murphy, yes. Mister Custolph. Mister Custolph, yes. Mister Fitzpatrick. Mister Fitzpatrick, yes. Mister Stubbe. Miss Tenney. Miss Tenney, yes. Misses Fischbach.

Rep. Smith (MO-8)1:34:06 – 1:34:07

Yes.

Clerk1:34:07 – 1:34:28

Misses Fischbach, yes. Mister Moore. Mister Moore, yes. Mister Van Duin. Mister Van Duin, yes. Mister Feenstra. Mister Feenstra, yes. Miss Malia Tauchis. Miss Malia Takacs, yes. Mister Kerry. Mister Kerry, yes. Mister Yacoum. Mister Yacoum, yes. Mister Miller.

Rep. Smith (MO-8)1:34:28 – 1:34:28

Yes.

Clerk1:34:29 – 1:34:31

Mister Miller, yes. Mister Bean.

Rep. Smith (MO-8)1:34:31 – 1:34:32

Yes.

Clerk1:34:32 – 1:34:34

Mister Bean, yes. Mister Moran.

Rep. Smith (MO-8)1:34:34 – 1:34:35

Yes.

Clerk1:34:35 – 1:34:45

Mister Moran, yes. Mister Neal. Mister Neal, yes. Mister Doggett. Mister Doggett, yes. Mister Thompson.

Rep. Smith (MO-8)1:34:45 – 1:34:45

Uh.

Clerk1:34:45 – 1:34:55

Mister Thompson, yes. Mr. Larson. I'm all, I guess. Mr. Larson, yes. Mr. Davis.

Rep. Smith (MO-8)1:34:56 – 1:34:56

Yes.

Clerk1:34:57 – 1:35:09

Mr. Davis, yes. Miss Sanchez. Miss Sanchez, yes. Miss Sewell.

Rep. Smith (MO-8)1:35:10 – 1:35:10

Yes.

Clerk1:35:12 – 1:35:17

Miss Sewell, yes. Miss Del Bene.

Unknown1:35:17 – 1:35:18

Aye.

Clerk1:35:19 – 1:35:23

Miss Del Bene. Yes. Miss Chiu.

Unknown1:35:24 – 1:35:24

Aye.

Clerk1:35:25 – 1:35:29

Miss Chiu. Yes. Miss Moore.

Unknown1:35:30 – 1:35:30

Aye.

Clerk1:35:31 – 1:35:35

Miss Moore. Yes. Mister Boyle.

Unknown1:35:35 – 1:35:36

Yes.

Clerk1:35:37 – 1:35:41

Mister Boyle. Yes. Mister Beier.

Rep. Smith (MO-8)1:35:41 – 1:35:42

Yes.

Clerk1:35:43 – 1:35:48

Mister Beier. Yes. Mister Evans.

Rep. Smith (MO-8)1:35:49 – 1:35:49

Yes.

Clerk1:35:50 – 1:36:00

Mister Evans, yes. Mister Schneider. Mister Schneider, yes. Mister Panetta.

Rep. Smith (MO-8)1:36:00 – 1:36:00

Yes. Aye.

Clerk1:36:03 – 1:36:07

Mister Panetta, yes. Mister Gomez.

Rep. Smith (MO-8)1:36:07 – 1:36:08

Aye.

Clerk1:36:09 – 1:36:16

Mister Gomez, yes. Mister Horsford.

Rep. Smith (MO-8)1:36:16 – 1:36:16

Yes.

Clerk1:36:18 – 1:36:23

Mister Horsford, yes. Miss Plaskett.

Rep. Smith (MO-8)1:36:24 – 1:36:24

Yes.

Clerk1:36:25 – 1:36:31

Miss Plaskett, yes. Mister Swazi.

Rep. Smith (MO-8)1:36:31 – 1:36:32

Aye. Aye.

Clerk1:36:33 – 1:36:56

Mister Swazi, yes. Mister Schweikart. Mrs. Miller. Mister Stubbe. Mister Stubbe. Yes. Chairman Smith.

Rep. Smith (MO-8)1:36:56 – 1:36:57

Yes.

Rep. Schweikert (AZ-1)1:36:58 – 1:36:59

Mister Chairman, how am I?

Clerk1:36:59 – 1:37:01

Chairman Smith. Yes.

Rep. Smith (MO-8)1:37:01 – 1:37:02

How is Mister Schweikert recorded?

Clerk1:37:03 – 1:37:04

Mister Schweikert is not recorded.

Rep. Schweikert (AZ-1)1:37:04 – 1:37:05

Yes.

Clerk1:37:05 – 1:37:06

Mister Schweikert, yes.

Rep. Schweikert (AZ-1)1:37:12 – 1:37:17

This is Two big guys in the video.

Rep. Smith (MO-8)1:37:21 – 1:37:23

Clerk will report the vote.

Clerk1:37:26 – 1:37:29

Mister Chairman, the yeses are forty-four and the noes are zero.

Rep. Smith (MO-8)1:37:29 – 1:39:32

There being forty-four yeses and zero noes, the motion is agreed to and H R eighty-one sixty-three as amended is ordered favorably reported to the House. Without objection, I ask that staff be authorized to make technical and conforming changes to H R eighty-one, sixty-three, and that members have two additional days to file with the committee clerk supplemental additional dissenting or minority views. Our next bill is H R eighty-eight, seventy-five, the improving home dialysis act introduced by Representative Carol Miller, which enables kidney disease patients to take back greater control of their lives. As the co-chair of the Congressional Kidney Caucus, Representative Miller, is a very strong advocate for solutions that improve independence and quality of life for dialysis patients. Congressw- Congresswoman Miller is carrying on this legislation, which I started working on, and I'm proud to see this bill advancing today. End-stage renal disease, or ESRD, forces five hundred thousand Medicare beneficiaries to rely on machines to live because their kidneys have failed. Despite home dialysis patients having forty percent lower mortality rates and faster recovery after treatment, less than fifteen percent of ESRD patients receive dialysis at home. This legislation, one of many, many kidney care policies that we plan to advance through this committee, provides Medicare coverage for staff, assisted, support, and rental mental health services for beneficiaries using home dialysis. It gives patients a choice and ensures home dialysis patients have access to services, someone receiving dialysis in centers receives. I've had family and many close personal friends who have suffered greatly from ESRD, and I believe we need to be doing everything possible to help patients. I urge my colleagues to support this legislation as we continue to work to improve the lives of Americans suffering from kidney disease and I now recognize the ranking member from Massachusetts.

Rep. Neal (MA-1)1:39:33 – 1:39:38

Thank you, Chairman, let me recognize and offer time to the sponsor, Miss Del Mene.

Rep. DelBene (WA-1)1:39:40 – 1:41:14

Thank you to the ranking member. Um, while I appreciate that the majority wants to improve access to home dialysis care and mental health care for end-stage renal disease patients, this bill is a hasty attempt that has raised more questions than answers. I have served as co-chair of the Congressional Kidney Caucus for many years, have been a long time champion for improving kidney care. Earlier this year I introduced the expanding support for Living Donors Act, which builds on the recently enacted Hold Act by reducing financial barriers for living organ donors and increasing eligibility for reimbursement for medical expenses. We need a comprehensive kidney education bill that will meaningfully improve treatment for ESRD patients. While I agree that we need to increase access and support for individuals who want to receive dialysis in their home, I have concerns about this bill. And perhaps if the majority had shared this bill with us, uh, before a few days ago, we could have worked together to answer these questions and address the concerns and come up with a truly bipartisan product. We need a more thoughtful process that engages the entire end-stage renal disease community in policy making. I appreciate the interest in this issue. I hope we can work together to develop comprehensive and sustainable kidney care policy. But I have many questions about this bill. Um, and I encourage folks to, uh, listen and engage and understand these questions as we consider this bill. Thank you, and I yield back.

Rep. Smith (MO-8)1:41:15 – 1:42:07

Without objection, I'd like to submit, um, a Miss Carol Miller's assigned, um, statement for the record if she was here today. Without objection. Um. Thank you. Thank you. The committee will now proceed to consideration of H R eighty eight seventy five, the improving home dialysis act of twenty twenty six. Without objection, the measure will be considered as read and open for amendment at any point. At this time, I offer an amendment in the nature of a substitute, which was distributed in advance, along with a green sheet explaining it. Without objection, the amendment in the nature of a substitute shall be considered as read, open for amendment at any point. and considered base text for purpose of amendment. I will now turn to Patrick Dumas, Health Subcommittee Staff Director, to provide a technical description of the amendment in the nature of a substitute, with an emphasis on the changes made since introduction. I ask that members hold their questions until after his presentation.

Patrick Dumas (Witness)1:42:09 – 1:42:40

Thank you. Thank you, Chairman Smith, Ranking Member Neal. H R eighty-eight seventy-five, the improving home dialysis act contains two sections. Section one provides for the short title of the bill. Section two amends section eighteen eighty-one of the Social Security Act to provide Medicare coverage for staff-assisted home dialysis and renal mental health support services as part of the home dialysis support services benefit. The amendment in the nature of a substitute amends the short title of the bill. This concludes the technical walkthrough.

Rep. Smith (MO-8)1:42:41 – 1:42:45

Thank you. Are there any technical questions about the amendment in the nature of a substitute? Mister Doggett.

Rep. Doggett (TX-37)1:42:46 – 1:42:49

How about the elephant in the room? Anything in this bill about it?

Patrick Dumas (Witness)1:42:50 – 1:42:57

I would say this bill, uh, in providing for these services, it provides a very clear definition of what the services can be reimbursed for.

Rep. Doggett (TX-37)1:42:57 – 1:43:01

Yes, uh, you've explained that, but there's no anti-fraud provision in this bill, is there?

Patrick Dumas (Witness)1:43:01 – 1:43:09

It - it - there is. It provides that no reimbursement will happen unless the p- services are provided at home which is a fraud prevention measure.

Rep. Doggett (TX-37)1:43:10 – 1:43:13

There's no new anti-fraud provision in this bill, is there?

Patrick Dumas (Witness)1:43:14 – 1:43:19

Uh, yes, by ensuring that the reimbursement will only occur when individuals are dialyzing at home.

Rep. Doggett (TX-37)1:43:21 – 1:43:27

The last bill cost five billion dollars that you were borrowing to pay for it. How much does this one cost?

Patrick Dumas (Witness)1:43:27 – 1:43:31

Uh, this bill costs four hundred and forty-nine million dollars.

Rep. Doggett (TX-37)1:43:30 – 1:43:38

So about so far to date, uh, if this bill is approved, we will have approved borrowing another five and a half billion dollars. Is that right?

Patrick Dumas (Witness)1:43:38 – 1:43:43

Uh, this bill, H R eighty-eight seventy-five, costs four hundred and forty-nine million dollars.

Rep. Doggett (TX-37)1:43:43 – 1:43:43

Thank you very much.

Rep. Smith (MO-8)1:43:45 – 1:43:46

Ms. DelBene.

Rep. DelBene (WA-1)1:43:46 – 1:44:36

Thank you, Mister Chairman, um, I've had a long-standing interest in improving dialysis care and treatment and in fact have been working on these policies to improve home dialysis among other issues um and this bill appeared two days ago for the first time and I don't believe that stakeholders or policymakers have had sufficient time to review the policy I'm particularly concerned that the payment rates in the bill seem to be completely arbitrary and won't actually accomplish the goal of getting patients access to these services so I have some questions um first I see that the bill text here sets payments for both staff assisted home dialysis, respite care and renal mental health services to the add-on per treatment adjustment for home and self-dialysis training in calendar year twenty twenty five. How much did Medicare pay for this service in twenty twenty five?

Patrick Dumas (Witness)1:44:37 – 1:44:40

Uh, that amount per session was about ninety-five dollars.

Rep. DelBene (WA-1)1:44:41 – 1:45:05

So um, okay, so according to the bill, staff assisted home dialysis, respite care would be paid at, I think it's ninety-five dollars and sixty cents for rural areas. and seventy-five percent of that for all other areas are seventy one seventy on what basis was the payment for non-rural areas in this bill set at seventy-five percent under current law um does that existing payment have that differential

Patrick Dumas (Witness)1:45:06 – 1:45:17

uh so under current uh ESRD bundled payments there is uh a recognizable need to increase payment for rural services because of the increased length of time

Rep. DelBene (WA-1)1:45:16 – 1:45:19

but is there a refer a different uh a differential in

Patrick Dumas (Witness)1:45:20 – 1:45:25

There is. There is an increased payment for rural uh beneficiaries for dialysis services.

Rep. DelBene (WA-1)1:45:26 – 1:45:29

Um, and what's the, what's the percentage difference?

Patrick Dumas (Witness)1:45:29 – 1:45:31

It is a five percent increase to the bundle.

Rep. DelBene (WA-1)1:45:32 – 1:45:36

So, now you're saying it would be twenty-five percent difference?

Patrick Dumas (Witness)1:45:36 – 1:45:39

For this one add-on service? That is what the text says.

Rep. DelBene (WA-1)1:45:39 – 1:46:12

Um, for the renal mental health services, the bill would pay fifty percent of the current home dialysis training rate for rural areas and twenty-five percent for other areas. So that's four forty seven eighty for visits provided in rural areas and twenty three ninety for all other areas. Um, do you have any data that indicates that twenty three ninety for an entire social work visit is sufficient? That's someone with a master's level clinical training, and it's about what an Amazon delivery driver gets paid. So what data indicate that this is the right payment rate?

Patrick Dumas (Witness)1:46:13 – 1:46:18

Uh, the payment rate is based off the existing payment rate for the home dialysis training services.

Rep. DelBene (WA-1)1:46:19 – 1:46:24

So, but no other data in terms of what the, what it is that indicates what we should be doing.

Patrick Dumas (Witness)1:46:24 – 1:46:32

I believe that payment rate is based off of BLS data for uh nurse wages, which is where some of the data is derived from.

Rep. DelBene (WA-1)1:46:31 – 1:46:34

And are these payments indexed to inflation?

Patrick Dumas (Witness)1:46:35 – 1:46:53

Uh, like the existing home dialysis training service payment, uh, they are not The CMS has not increased that rate, but this legislation benchmarks the payment rates to that home dialysis training service. rate so should CMS ever increase it which they are fully allowed to do wouldn't increase

Rep. DelBene (WA-1)1:46:52 – 1:47:19

So it's not indexed for inflation um and the payment rates um are set but you you made changes to them that have nothing to do with kind of what we see currently happening on the ground. It seems like if we wanna incentivize providers to deliver new services and ultimately increase home dialysis uptake that we would be paying for these services properly otherwise um what's the point um I'd also like to ask about the services in this bill called renal

Patrick Dumas (Witness)1:47:29 – 1:47:50

Uh, renal mental health services are described in the bill. Are described in the bill as, uh, services in a code of the federal regulations, um, That I can cite for you if if you would like.

Rep. DelBene (WA-1)1:47:51 – 1:48:00

Well, it's, the regulation says psycho-social status. Um, does that mean services performed by social workers, or, or what is that?

Patrick Dumas (Witness)1:48:04 – 1:48:30

Uh, psycho-social status is an interdisciplinary term, t- uh, team that must provide necessary monitoring and social work interventions. That includes counseling services and referrals to other social services and assisting patients achieving or an appropriate psycho-social status as measured by a standardized mental and physical assessment tool chosen by a social worker at regular intervals or more fre- frequently on an as-needed basis.

Rep. DelBene (WA-1)1:48:30 – 1:49:44

So, I don't understand why it doesn't just, can't just say social workers. Social workers perform important services that promote physical, mental, and social well-being. Um, I think these services are important for patients, um, and we should be highlighting them, not hiding them, with language that don't understand and you know the bill also would provide a new payment for staff assisted home dialysis, respite care. My understanding of respite care is that it's temporary care that supports caregivers providing them a reprieve during times when care can be difficult or demanding this is a concept that is used in the hospice benefit in Medicare. Um the the Merriam-Webster dictionary describes it as temporary care in relief of a primary caregiver. So I think respite service is important and would welcome the opportunity to think through in advance a policy that provides respite care but that's not what this is. The problem here is I don't think anything in this policy actually does anything for caregivers. And while temporary and so-called respite service isn't related to actually providing any respite for primary caregivers, there's no actually respite care in this bill. Is that right?

Patrick Dumas (Witness)1:49:46 – 1:50:00

The the bill definition for what the care is includes dialysis services furnished by a qualified personnel to a patient dialyzing at home who is temporarily unable to competently dialyze at home, independently.

Rep. DelBene (WA-1)1:50:03 – 1:50:11

So not based on what the actual definition of respite care would be. Um, I have more questions, mister.

Rep. Smith (MO-8)1:50:11 – 1:50:13

But your time is clearly expired.

Rep. DelBene (WA-1)1:50:12 – 1:50:13

I understand.

Rep. Smith (MO-8)1:50:13 – 1:50:23

I was very lenient with an hour, I mean a minute, twenty-five seconds. Yeah. Um, I I have a question based on what I just heard in the prior discussion.

Rep. DelBene (WA-1)1:50:22 – 1:50:22

Yes.

Rep. Smith (MO-8)1:50:23 – 1:50:30

This bill, has it been fire filed in prior congresses um before the Ways and Means Committee?

Patrick Dumas (Witness)1:50:31 – 1:50:36

Previous versions of this bill have been filed in in previous congresses, including as led by yourself, Mister Chairman.

Rep. Smith (MO-8)1:50:36 – 1:50:56

Yes, in twenty twenty-one, myself and Bobby Rush filed the same exact bill Um, and then in twenty-three, Carol Miller filed this in the last Congress, and this, so it's not the first time that he's ever seen it. Apparently people haven't been reading it. Are there further members of which, uh, uh, have technical questions? Mister Thompson. Mister Thompson.

Rep. Neal (MA-1)1:50:57 – 1:51:00

Thank you, Miss Chairman. I yield my time to Miss DelBene.

Rep. DelBene (WA-1)1:51:02 – 1:51:43

Thank you. Um, I, I also wanted to, um, kind of follow up, you know, the the the bill in terms of the definition numbers um and an old bill does not necessarily uh represent what we need to do today and this bill did just get introduced to come into mark-up without having the discussion there are lot of bills out there that we don't pull up for mark-up so um again um in terms of i just wanted to follow up on the the respite care there's no actual respite care in this bill is that correct you you cited some stuff but nothing that actually fit definition of respite care.

Patrick Dumas (Witness)1:51:45 – 1:52:00

The definition of respite care for the purposes of the bill is defined in the bill for staff for qualified personnel to assist dialysis patients who can't competently dialyze at home or have physical limitations that is the definition included in the legislation.

Rep. DelBene (WA-1)1:52:00 – 1:52:34

Um, Mister Chairman, um, you know, the idea of providing additional supports for caregivers is a good one. I think we absolutely should have a policy that reflects this, that perfects the the costs on the ground, that actually supports patients. Again, I'm co-chair uh I am co-chair of the kidney caucus. Uh, this is not bipartisan. It could be, if we were willing to work together to move legislation. I'm I'm really disappointed. Um, and right now I can't support the bill without changes. Thank you. I yield back.

Rep. Smith (MO-8)1:52:34 – 1:52:43

Are there additional technical questions about the amendment and the nature of a substitute? Seeing none, we will move to strike the last word. Mister Davis. is recognized to strike the last word.

Rep. Davis (IL-7)1:52:43 – 1:55:00

Thank you, Mr. Chairman, I am moved to strike the last word. And I wanna commend uh Representative Del Pene, Representative Miller, and others who have been working in the arena of of of of kidney care, the arena of diabetes and end-stage care. I happen to represent a district that has one of the highest concentrations of diabetes that you would find in North America. Uh, every place that I look, every place that I go, there are centers providing service. And I certainly recognize the complexity of - of - of care and the need for those services to be directed and provided in such a way that they have the greatest level of effect. Thank you. So it is complex. Mm, thank you, yeah. I also wanna take a moment to just shout out to very effective organization in my community, the Gift of Hope, that is seriously engaged in organ transplantation and we work with them right down the line. I hope that we would continue to review home care, dialysis, and make sure that we have it perfected to the extent that levels of comfortability will exist and that many of the questions raised will be answered and answered directly. So, while I'm pleased that we're having the discussion, I don't know that I necessarily think that This bill is the best approach and the best way of dealing with the problems. And I, too, have reservations that, uh, would suggest a lot of additional work need to be done on it. I thank you, Mister Chairman, and you're back to balance with my time.

Rep. Smith (MO-8)1:55:04 – 1:55:04

Mister Buyer.

Rep. Beyer (VA-8)1:55:05 – 1:56:05

Mr. Chairman, thank you very much. And I certainly appreciate the intention of making this of this bill, making it easier to access comprehensive dialysis services. I do intend to vote for it. I thought Congresswoman DelBene did a very good job drilling down on the costs of it, or the ninety-five dollars and sixty cents to do it in a in a rural setting, down to seventy-two dollars and thirty-eight cents in an in an urban setting. But I'm really concerned about the twenty-five percent for the renal mental health services. coming in at twenty-four dollars and thirteen cents. You know, I struggle to believe that providers who can do these services, which require graduate education, are gonna make them widely available when they're being reimbursed, in this case less than twenty-five dollars, or even seventy-five dollars. That's that's less than a little change for a net for an F one fifty. This is to get to a patient's home and to provide the service. So, while I support it, I think we really need thoughtful discussion on what's needed to actually make the full range of analysis services available to everyone, so that people are gonna be willing to provide those services without a yield back.

Rep. Smith (MO-8)1:56:06 – 1:56:07

Mister Murphy.

Rep. Murphy (NC-3)1:56:09 – 1:57:51

Thank you, Mister Chairman. Uh, I - I - I wanna say just as someone who, uh, especially in the earlier part of my career did a lot of kidney transplants and dealt with a lot of dialysis patient, the explosion in an absolute wonderful and terrific way of people being able to dialyze at homes, is a tremendous advancement, not only in the medical aspect of patients but in the ability to not have to go to a dialysis center, especially in rural areas, travel long distances, and spend hours and hours and hours of their life being able to do this. I will agree with uh Miss DelBene, I agree that the money is not enough. Uh, I think we should do more and more, but then again, we also just have to start taking a bite at the apple and begin somewhere. I think that truth be told, our health care workers are all across the spectrum woefully underpaid for the hard work that they do, uh, the education that they have to put in, uh to achieve those goals. And so I think it's laudable that we want to continue to try to raise these individuals up and do the good things that uh that help our patients. So uh I'll absolutely support the bill. It is a good start, um and I think it's a good start. I I would respond to uh my good friend, Mister Doggett's comment that five billion dollars for the last bill and hundreds of millions of dollars for the last bills, woefully uh inaccurate by CBO, we know they don't do dynamic scoring. The first bill will save tens of billions of dollars perf- by preventing people from going into hospital employment, um, which is in a much, uh, higher cost of care. And the same thing here. Both of these bills, if allowed, if, uh, CBO did dynamic scoring, in my opinion would show large savings on our health care system. So. Thank you, Mister Chairman. I'll yield back.

Rep. Smith (MO-8)1:57:51 – 1:57:52

Mister Doggett.

Rep. Doggett (TX-37)1:57:54 – 2:01:10

While improving, uh, access to home dialysis, uh, may be helpful to patients. This bill, like the other measures that are on the morning agenda, deal with the edge of the problem rather than the core of the problem that uh uh folks who need dialysis uh are faced with. It's important to note that about three out of every four Americans with kidney disease are relying on Medicaid for their dialysis whether they're, wherever they get it. for transplant care and for medications. And the Republican cuts, uh, that have been made, that all the members, Republican members of this committee have supported, uh, are jeopardizing the health of those patients much more than whether they get their dialysis at home or somewhere else. Uh, they have, uh, reduced the protection, uh, for preventive care for millions of, uh, health care consumers. And while patients are guaranteed Medicare coverage when they are diagnosed with end-stage re renal disease, much work remains to prevent folks from ever reaching that point. We also need more innovative treatments to prevent late-stage kidney disease and ease the side effects of treatment when it reaches that point. Yet the Trump regime, with the support of our Republican colleagues, has frozen more than seven point six million dollars in funding for kidney disease research. Keep that in mind. Uh, a discussion about where the treatment is received, but to do something to prevent the necessity of that treatment, our Republican colleagues have supported cutting the very research that's necessary. The across the board cuts to medical research and the staff of the Foo Food and Drug Administration, rubber-stamped by our Republican colleagues, are decimating our health care system. Research labs have been shuttered, clinical trials involving seventy-four thousand patients have been disrupted, and our universities are struggling to recruit the next generation of scientists. The nonpartisan Congressional Budget Office has estimated that just a ten percent cut to the National Institutes of Health funding and a nine-month delay at the Food and Drug Administration review would result in fifty-three fewer drugs coming onto the market. Trump is proposing cuts that are nearly four times greater than what the Congressional Budget Office analyzed. For an end uh of the uh renal d- end-stage renal disease patient, uh struggling with the side effects of dialysis, for a cancer patient that's seeking care, for a child with a rare disease hoping to live to adulthood, these Trump cuts are catastrophic. While this bill's goal to help ha- home dialysis patients uh is desirable, the legislation we should be considering would reverse these devastating cuts which are doing great harm to so many Americans that are struggling with the painful kidney disease uh that they face and without the support they need from the federal government. I yield back.

Rep. Smith (MO-8)2:01:12 – 2:01:12

Mister Nill.

Rep. DelBene (WA-1)2:01:16 – 2:02:01

Um, thank you. I just wanted to point out the bill from last Congress that the chairman referred to H R eighty seventy five, um, actually is not identical to today's bill. For example, the payment differential text, um, that I described does not exist in that bill, and it does not appear to have include the term respite. Um, and the bill from last Congress includes a number of other provisions. So to say that this identical provision had been d- introduced before is just not accurate. Again, huge opportunity for there to be bipartisan solutions here, and it's just disappointing that folks didn't even wanna take the time to do something where it could come up with a strong bill, serve our community better, and have strong support. I yield back.

Rep. Smith (MO-8)2:02:04 – 2:02:05

Ms. Sewell.

Rep. Sewell (AL-7)2:02:08 – 2:04:05

I move to strike the last word. First, I wanna thank, uh, my colleague, uh, Congresswoman Carol Miller for her continued focus on improving care for dialysis patients. In twenty twenty four, we worked together to pass the Kidney Patient Act through this committee. I also want to thank my colleagues, Danny Davis and Mike Kelly, for their steadfast leadership in fighting for kidney patients, and I'm proud to be a cosponsor of their bill, the Restore Protection for Dialysis Patients Act. I am glad this committee remains focused on helping our dialysis patients, they are facing a crisis, especially in our rural communities. Around ten thousand Alabamians are on dialysis, but because of deep cuts to Medicaid and other health care programs under this administration, I am constantly fighting to keep dialysis centers in my district open, especially in the rural part. Home dialysis options need to be part of the solution because we know patients' experience higher, uh, patient satisfaction, better quality of life, and fewer trans- transportation challenges for the home uh dialysis option. However, I do have concerns about uh some of the potential unintended consequences of this bill because any um because any dialysis provider that furnishes home dialysis will be required to offer ext- expanded services under this bill, there is a fear that some providers may actually drop their home dialysis services. if the pay- if the payments are not high enough, especially because there is not a mechanism for CMS to increase payments with uh inflation. Ultimately, I think this bill is a step in the right direction. However, I hope that my colleagues across the aisle will commit to working with us to resolve some of the unintended consequences of this bill and I yield back the balance of my time.

Rep. Smith (MO-8)2:04:06 – 2:04:15

There are additional members who wish to strike the last word. S seeing none, we will move to amendments. Are there any amendments to the amendment in the nature of a substitute?

Rep. Sewell (AL-7)2:04:15 – 2:04:15

No.

Rep. Smith (MO-8)2:04:17 – 2:04:25

Seeing none, the question is on the adoption of the amendment in the nature of a substitute. All those in favor, signify by saying aye.

Rep. Sewell (AL-7)2:04:25 – 2:04:26

Aye.

Rep. Smith (MO-8)2:04:26 – 2:04:28

Those opposed say no.

Rep. Sewell (AL-7)2:04:28 – 2:04:28

No.

Rep. Smith (MO-8)2:04:28 – 2:04:36

In the opinion of the chair, the ayes have it, and the amendment in the nature of a substitute is agreed to. I will now recognize Mister Buchanan for the purpose of offering a motion.

Rep. Buchanan (FL-16)2:04:36 – 2:04:49

Mister Chairman, I move the committee favorably Mister Chairman, uh I move the committee favorably report H R eighty-eight seventy-five as amended to the House of Representatives.

Rep. Smith (MO-8)2:04:49 – 2:04:51

The clerk will call the roll.

Clerk2:04:52 – 2:04:52

Mister Buchanan.

Rep. Buchanan (FL-16)2:04:52 – 2:04:53

Yes.

Clerk2:04:53 – 2:05:10

Mister Buchanan, yes. Mister Smith and Nebraska. Mister Kelly. Mister Kelly, yes. Mr. Schweikert.

Rep. Smith (MO-8)2:05:10 – 2:05:10

Yes.

Clerk2:05:11 – 2:05:15

Mr. Schweikert, yes. Mr. Lahood.

Rep. Smith (MO-8)2:05:15 – 2:05:15

Yes.

Clerk2:05:16 – 2:05:29

Mr. Lahood, yes. Mr. Arrington, Mr. Arrington, yes. Mr. Estes, Mr. Estes, yes. Mr. Smucker, Mr. Smucker, yes. Mr. Hearn.

Rep. Smith (MO-8)2:05:29 – 2:05:30

Yes. Mm.

Clerk2:05:31 – 2:05:40

Mr. Hearn, yes. Mrs. Miller. Doctor Murphy. Dr. Murphy, yes. Mister Custoff,

Rep. Smith (MO-8)2:05:40 – 2:05:40

Yes.

Clerk2:05:41 – 2:05:44

mister Custoff, yes. Mister Fitzpatrick,

Rep. Smith (MO-8)2:05:44 – 2:05:45

Yes.

Clerk2:05:45 – 2:05:48

Mister Fitzpatrick, yes. Yes. Mister Stubbe,

Rep. Smith (MO-8)2:05:48 – 2:05:49

Yes.

Clerk2:05:49 – 2:05:52

Mister Stubbe, yes. Miss Tenney,

Rep. Smith (MO-8)2:05:52 – 2:05:53

Yes.

Clerk2:05:53 – 2:06:08

Miss Tenney, yes. Mrs. Fischbach, Mrs. Fischbach, yes. Mister Moore. Miss Van Duyn, Miss Van Duyn, yes. Mister Feenstra.

Rep. Smith (MO-8)2:06:07 – 2:06:08

Yes.

Clerk2:06:08 – 2:07:05

Mister Feenstra, yes. Miss Malia Tauches. Yes. Miss Malia Tauches, yes. Mister Kerry. Mister Feenstra, yes. Mister Kerry, yes. Mister Joachim. Yes. Mister Joachim, yes. Mister Miller. Mister Miller, yes. Mister Miller, yes. Mister Bean. Yes. Mister Bean, yes. Mister Moran. Yes. Mister Moran, yes. Mister Neal. Mister Neal. Mister Neal, no. Mister Doggett. Mister Thompson. Mister Thompson, no. Mister Larson. Mister Larson, no. Mister Davis. Mister Davis, no. Miss Sanchez. Miss Sanchez, no. Miss Sewell. Miss Sewell, yes. Miss Del Bene. Miss Del Bene, no. Miss Chu.

Unknown2:07:05 – 2:07:05

No.

Clerk2:07:06 – 2:07:14

Miss Chu, no. Miss Moore. Miss Moore, no. Mister Boyle.

Unknown2:07:14 – 2:07:14

No.

Clerk2:07:15 – 2:07:17

Mister Boyle, no. Mister Beier.

Unknown2:07:17 – 2:07:18

Yes.

Clerk2:07:18 – 2:07:27

Mister Beier, yes. Mister Evans.

Unknown2:07:27 – 2:07:28

No. No, that's it.

Clerk2:07:28 – 2:07:55

Mister Evans, no. Mister Schneider. Mister Schneider, no. Mister Panetta. Mister Gomez. Mister Horsford. Mister Horsford, yes. Miss Plaskett. Mister Swasey.

Unknown2:07:55 – 2:07:56

Uh.

Clerk2:07:56 – 2:08:02

Mister Swasey, no. Mister Smith of Nebraska.

Unknown2:08:03 – 2:08:03

Yes.

Clerk2:08:04 – 2:08:06

Mister Smith of Nebraska, yes.

Unknown2:08:07 – 2:08:07

All right.

Clerk2:08:07 – 2:08:48

Missus Miller. Mister Moore. Mister Moore, yes. Mister Doggett. Mister Panetta. Mister Gomez. Mister Panetta. No. Miss Plaskett. Chairman Smith.

Unknown2:08:48 – 2:08:48

Yes.

Clerk2:08:49 – 2:08:50

Chairman Smith, yes.

Unknown2:09:03 – 2:09:24

Thank you. Should I turn off the lights? I'm gonna go back to my office. I'll be back in a minute. I'm gonna go back to my office. I should go back to my office. I'm gonna go back to my office. I'm just gonna go back to my office.

Rep. Smith (MO-8)2:09:29 – 2:09:30

Clerk will report the vote.

Clerk2:09:31 – 2:09:34

Mr. Chairman, the yeses are twenty-eight and the noes are thirteen.

Rep. Smith (MO-8)2:09:34 – 2:11:02

There being twenty-eight yeses and thirteen noes, the motion is agreed to and H. R. eighty-eight seventy-five is amended, is ordered favorably reported to the House. Without objection, I ask that staff be authorized to make technical and conforming changes to H. R. eighty-eight seventy-five and that members have two additional days to file with the committee clerk supplemental additional dissenting, or minority views. Our next order of business is H. R. Eighty-eight, eighty-three, the Protecting Seniors and Stopping Fraudsters Act, introduced by Representative Van Duyn, which combats hospice and home health fraud and abuse and protects vulnerable seniors. Representative Van Duyn has helped shine a light on the fraudsters who have stolen millions of taxpayer dollars, while devastating seniors and families, many of whom are facing some of the most difficult moments of their lives. As my Communications Director recently reminded me, Representative Van Duyn has been focused on rooting out waste, fraud, and abuse in the federal government, particularly in Medicare's hospice benefit. From the moment she got on this committee, this legislation delivers on her long-standing commitment to strengthening safeguards, protecting hard-earned taxpayer dollars, and preserving the integrity of Medicare benefits for seniors. who have paid into i- paid into them for their entire lives. I'm pleased to recognize the gentlelady from Texas, Miss Van Duyn, for an opening statement.

Rep. Van Duyne (TX-24)2:11:02 – 2:14:45

Thank you very much, Chairman Smith. Today we are marking up legislation that is the result of years of oversight, investigation, stakeholder engagement, and bipartisan work to restore integrity to the Medicare hospice benefit. Hospice care should be about providing compassionate, dignified care to patients and families during some of the hardest moments of their lives. Unfortunately, bad actors have exploited this benefit, have endangered vulnerable seniors, undermined their trust in this system, and cost taxpayers billions of dollars. Congress has a responsibility to step in and address it. For years I have worked to shine a light on fraud and abuse in the hospice space and push CMS and HHS to strengthen oversight and enforcement. In February of twenty twenty three, Congressman uh Blumenauer and I led a partisan letter to CMS raising concerns about hospice fraud and requesting answers on gaps in oversight tools. The very next month during a Ways and Means hearing, I questioned then-Secretary Becerra directly on the department's failure to properly oversee the hospice benefit. Unfortunately, little, if anything, was being done. In June of twenty twenty-three, I joi- I joined a bipartisan group of lawmakers calling on HSS Inspector General to investigate newly certified hospices engaged in unlawful and unethical practices that threaten both patient safety and taxpayer dollars. And then in March of twenty twenty-four, I again pressed Secretary Becerra on why, The administration had failed to adequately address fraudulent hospice schemes that were defrauding taxpayers out of millions of dollars. Yet again, Secretary Becerra and the administration took little to no action to address the fraudulent activity taking advantage of vulnerable seniors. Just two months later, Congressman Blumenauer and I led another bipartisan effort, with thirty-eight lawmakers demanding answers from CMS on the implementation of recent reforms in what additional actions were needed to stop abuse within the hospice system. That work ultimately led to the introduction of the enhancing Hospice Oversight and Transparency Act in November, twenty twenty four. This bipartisan legislation, which I'm thankful for Representative Panetta and co-leading with me, would strengthen account s- would strengthen accountability, improve transparency, target high-risk providers, and move oversight from reactive to proactive. I also want to recognize the work that the Trump administration, CMS, are now doing to combat fraud in this subject. Earlier this month, CMS announced the suspension of approximately eight hundred hospice providers tied to suspected Medicare fraud schemes. That is a significant step forward and shows the seriousness of the problems that we are dealing with. And just weeks ago we had Secretary Kennedy sitting right before this committee, discussing these enforcement actions and noting that hundreds of the hospices that had been shut down had not even reached out to CMS afterward. That alone speaks volumes. Legitimate providers fight to care for patients and maintain access to services. These bad actors were clearly more interested in exploiting the system than providing real care to vulnerable Americans. That's exactly why Congress must continue working alongside the administration to to strengthen oversight to close loopholes and ensure taxpayer dollars are going toward patient care instead of fraud schemes. But enforcement alone is not enough. Congress must ensure CMS has the tools necessary to stop fraud before it happens, identify bad actors earlier, and uh protect beneficiaries from unknowingly enrolled into fraudulent hospi hospice arrangements. Our legislation does exactly that. By strengthening enrollment screening, increasing oversight of newly enrolled and high risk providers, improving beneficiary notification and disenrollment protections, and enhancing accountability throughout the hospice system. Our bill is about protecting vulnerable patients. It's about preserving access to high quality hospi hospice care for the families who truly need it and it's about ensuring Medicare works for patients.

Rep. Smith (MO-8)2:15:02 – 2:15:03

I now recognize our ranking member from Massachusetts.

Rep. Neal (MA-1)2:15:04 – 2:15:08

Thanks, Mr. Chairman, let me recognize the gentlelady from California, Miss Sanchez, as I yield my time.

Rep. Sánchez (CA-38)2:15:09 – 2:20:38

Thank you, Mr. Neal. Um, hospice care is a very personal issue for me because many of my colleagues know that both my parents passed after long battles with Alzheimer's disease. They both deserved dignity in death, as do many others who suffer from dementia. In twenty twenty-two, almost half of all older adults receiving hospice care had dementia. For years, hospice provided an incredible benefit to families and their dying loved ones. And long before today, this committee has done bipartisan work on this benefit, as well as in home health, both of which have massively expanded. over the past decade. Between twenty eleven and twenty nineteen, the number of hospices owned by private equity tripled. The number of hospice providers in California and Texas combined exceeded the total number of hospice providers in the country, according to the twenty twenty five MedPak report. We designed this hospice benefit to reward providers for providing dignified care, rather than having people undergo unnecessary and expensive hospitalizations just before they die. And when done right, this benefit has done exactly as Congress intended when we created it in nineteen eighty-two. Individuals are able to experience as little pain as possible and spend meaningful time with their loved ones in their last days. The benefit pays for aides to assist with bathing, medications, and housekeeping. But the current payment structure simply makes it too easy for bad actors to exploit the system. Under the current per diem payment structure of the benefit, a hospice with thousands of patients can take in hundreds of millions of dollars. In twenty eighteen, the Office of the Inspector General at HHS estimated that inappropriate billing by hospice providers had cost taxpayers hundreds of millions of dollars. Among what the OIG recommended were, number one, strengthening CM CMS's survey process, which is a primary tool to promote compliance, to ensure that hospices provide needed services. Secondly, developing and disseminating additional information on hospices to help beneficiaries and their families and caregivers make informed decisions about their care. Third, promoting physician involvement and accountability to ensure beneficiaries get appropriate c- care. And fourthly, and most importantly, taking steps to tie the payment to beneficiary care needs and quality of care to ensure that the services adequately serve the beneficiaries' needs. All this to say, I'm glad that the committee is starting to give this issue the attention that it deserves. And the bill before us, the Protecting Seniors and Stopping Fraudsters Act, is a baby step in the right direction on many of these recommendations from OIG to improve the benefit, but the bill falls very short. It modestly addresses program integrity and the benefit, without meaningfully addressing payment. This is a critical piece to the hospice fraud puzzle, one that my bill, the Hospice Care Act, addresses comprehensively. And I would like to add that my bill has been introduced long enough to warrant a legislative hearing something we haven't even had on the bill that is before us today. The bill on the agenda today is basically a much watered-down version of my own bill with weak provisions that don't actually combat the greatest part of hospice fraud, that my Republican colleagues have been bellowing about for months. When I inquired why the Hospice Care Act isn't being considered today, I was told that it, quote, "did too much." So apparently my Republican colleagues don't want to do too much to combat fraud. Having said that, I'm glad to say that Republicans did work on the staff level across the aisle to try to improve some areas of the bill. I worked to include revalidations of existing hospices, that are in high risk areas of fraud, including California as well as Texas, Nevada, and Ohio. This is in addition to surveying new hospices, another critical step both in my bill, the Care Act, and in Miss Van Duyn's bill. I worked to include a requirement that the secretary report physicians with high rates of ineligible certifications. While this provision falls short of insuring that of insuring that physicians are not financially incentivized to improperly enroll in the hospital, patients in hospit hospice, I hope that my Republican colleagues will keep working with me to ensure that physicians are held accountable. I additionally helped escalate additional payment penalties for non-reporting of quality data something that even the industry has recommended. But unfortunately the bill is limited in what it can do to tackle the problem of fraud, and we have not had a real bipartisan dial- dialogue about comprehensive reform. The communi- cune- the communication with me sadly has been too little and too late. Therefore, I cannot in good conscience conscience progress this bill today. As OIG and many of the stakeholders have noted in their initial support, payment reforms in both the hospice and home health care benefits are critical. We need to create incentives connecting payment to quality care. We need to increase access for beneficiaries who need respite and concurrent care. And we need to ensure appropriate payment for providers. And with that, I yield back the balance of my time.

Rep. Smith (MO-8)2:20:40 – 2:21:03

Thank you. The the committee will now proceed to consideration of H R eighty-eight, eighty-three, the Protecting Seniors and Stopping Fraudsters Act. Without objection, the measure will be considered as read and open for amendment at any point. At this time, I offer an amendment in the nature of a substitute, which was distributed in advance along with a green sheet explaining it. Without objection, the amendment in the nature of substitute shall be considered as read, open for amendment at any point, and considered basely.

Patrick Dumas (Witness)2:21:19 – 2:23:35

Thank you, Chairman Smith, Ranking Member Neal. Thank you, Chairman Smith, Ranking Member Neal. H. R. eighty-eight eighty-three, the Protecting Seniors and Stopping Fraudsters Act contains ten sections. Section one provides for the short title of the bill. Section two amends section eighteen sixty-six J. Social Security Act to require revalidation of hospice programs in certain states, subject to provisions of enhanced oversight. Section three amends section eighteen twenty-two of the Social Security Act, to require increased survey frequency of certain hospice programs, and increases the non-compliance penalty for hospices that fail to submit quality data from four percent to fifteen percent. Section four amends section eighteen ninety-one of the Social Security Act, to require increased survey frequency of certain home health agencies, and increases the non-compliance penalty for home health agencies that fail to submit quality data from two percent to fifteen percent. Section five amends section eighteen sixty-six J of the Social Security Act, to require enhanced enrollment screening of certain hospice programs and home health agencies at risk of fraud. Section six amends section eighteen sixty-five of the Social Security Act, to enhance oversight of accrediting organizations by requiring survey standards, completion of relevant training courses, and subjecting accrediting organizations to performance assessments with enforcement actions as applicable. Section seven amends section eighteen fourteen of the Social Security Act to extend the adjustment to the Medicare hospice cap calculation. Section eight amends section eighteen twelve of the Social Security Act to require the Secretary of Health and Human Services to notify Medicare beneficiaries within fifteen days upon election of hospice, with explicit instructions on how to disenroll from su- such election, if desired, and dedicates funding for the notifications. Section nine requires the secretary to conduct a report to Congress on fraud prevention measures taken against hospice programs and home health agencies as well as areas to reduce duplication of efforts. And section ten provides for implementation funding to conduct provisions of this act. The amendment in the nature of a substitute amends the amount of implementation funding. And that concludes the technical walkthrough.

Rep. Smith (MO-8)2:23:36 – 2:23:41

Thank you. Are there any technical questions about the amendment in the nature of a substitute? Mr. Doggett.

Rep. Doggett (TX-37)2:23:42 – 2:23:45

This one finally deal finally deals with the elephant in the room, doesn't it?

Patrick Dumas (Witness)2:23:47 – 2:23:49

This one certainly addresses d- fraud, Mr. Doggett.

Rep. Doggett (TX-37)2:23:49 – 2:24:00

Yes, but it seems to be a slimmed-down elephant. Uh, and are there a number of provisions in the more comprehensive legislation that Ms. Satchis has offered that are not in this uh bill

Patrick Dumas (Witness)2:24:01 – 2:24:06

uh my technical questions are supposed to be limited to the amendment in the nature of a substitute for this

Rep. Doggett (TX-37)2:24:05 – 2:24:14

yes and i'm asking you about that amendment what's in it what's out of it technically are there some provisions that are in her more comprehensive bill that are not in this bill

Patrick Dumas (Witness)2:24:15 – 2:24:17

i can speak to the provisions in this bill

Rep. Doggett (TX-37)2:24:17 – 2:24:24

ok you can't speak to what which provisions that would have done more about fraud have not been included in this bill

Patrick Dumas (Witness)2:24:25 – 2:24:28

i can certainly speak to the provisions that address fraud that are included in this bill

Rep. Doggett (TX-37)2:24:29 – 2:24:42

Alright. I understand what you're saying and I gather, uh, as is true with some of these other measures, uh, that you all are really big against fraud as long as you don't do too much about it, and endanger any special interest. Thank you very much.

Rep. Smith (MO-8)2:24:45 – 2:24:49

Miss Del Bene. Oh. Miss, Miss Sanchez, sorry.

Rep. Sánchez (CA-38)2:24:50 – 2:25:07

That's okay, thank you. Um, one of the problems with the hospice benefit, a p- a problem that is the leading reason that fraudsters try to get into the business is that hospices can generally get paid more than two hundred dollars a day for each patient, even if they never see the patient. Is that correct?

Patrick Dumas (Witness)2:25:08 – 2:25:14

The the hospice benefit is structured as a capitated payment which pays a daily rate for any services provided, correct?

Rep. Sánchez (CA-38)2:25:14 – 2:25:56

Whether or not they see the patient. Okay, thank you. The Department of Health and Human Services Office of the Inspector General in twenty eighteen um, that concurrent payment systems create incentives for hospices to minimize their services. And with each level of care, a hospice is paid for every day a beneficiary is in its care, regardless of the quantity or the quality of the services. So scammers can collect money from Medicare without going to see the hospice patient. So if - if we wanted to really address the reasons for fraud, we should probably ma- stop making it profitable for fraudsters to get paid and to not provide care. Um, does this bill address that?

Patrick Dumas (Witness)2:25:57 – 2:26:07

Uh, this bill provides several measures to address that. One would be the increased, the drastically increased penalties for noncompliance of submitting quality data which can be seen.

Rep. Sánchez (CA-38)2:26:06 – 2:26:13

Okay, but, but, but, but it doesn't, it doesn't get at the payment, the, the payment whether or not patients are seen, does it?

Patrick Dumas (Witness)2:26:14 – 2:26:16

The increased penalty is a reduction on the payment.

Rep. Sánchez (CA-38)2:26:17 – 2:26:20

Okay, but it, it, it, but it, it doesn't

Clerk2:26:22 – 2:26:24

Three month, that's the purchase, two months.

Rep. Sánchez (CA-38)2:26:24 – 2:26:42

Yeah, it's That, that review of the payment doesn't happen, it's for eighteen months, it's a delayed review, is that not correct? So eighteen months is a long time for a fraudster to continue to bill for a patient that is not receiving services.

Patrick Dumas (Witness)2:26:43 – 2:26:50

The, the provision requires increased um survey frequency and revalidation, some of which within a twelve month period, some within an

Rep. Sánchez (CA-38)2:26:50 – 2:27:53

Okay, but twelve months is still a lot, at two hundred dollars a day for twelve months, that's a lot of money that somebody could be embezzling without providing any services. Um, the Department of Health and Human Services Office of the Inspector General Report on vulnerabilities in the um hospice program um have taken years to try to, um, address the the fraud in the program and the harm that is done to the patients. Um, does the bill provide any enhanced oversight for providers specifically identified in categories that they recommended, like hospices that depend heavily on residents of nursing home or assisted care living facilities hospices that do not provide all levels of hospice care, hospices that do not provide services on weekends, hospices that provide few services, or hospices that provide infrequent physician services? There there's no enhanced oversight for providers that fall into any of those categories, is there?

Patrick Dumas (Witness)2:27:53 – 2:28:12

The bill specifically requires enhanced oversight on uh new hospices, those that have undergone a change of ownership or reactivation of billing privered pri privileges as well as those that have aberrant live discharge rates, and additional ability for the secretary to uh uh uh put other hospices on their hand.

Rep. Sánchez (CA-38)2:28:12 – 2:28:15

But but my question was hospices that fall into those buckets,

Clerk2:28:13 – 2:28:13

Right.

Rep. Sánchez (CA-38)2:28:16 – 2:28:43

the specific categories, there's no no enhanced oversight. So if you've been a long-time fraudster operating, you're not a new one. Um, you don't receive extra scrutiny if you, for example, don't provide hospice care on the weekends, et cetera. Um, the bill does require CMS to undertake new surveys in certain situations. Do you know how much it costs for CMS to do a single survey?

Patrick Dumas (Witness)2:28:44 – 2:28:48

I believe, um, looking at my staffer here, I believe about nine.

Rep. Sánchez (CA-38)2:28:50 – 2:28:53

Okay, I had thirteen thousand dollars per survey.

Patrick Dumas (Witness)2:28:51 – 2:28:51

That's right.

Rep. Sánchez (CA-38)2:28:54 – 2:29:42

And the legislation provides a hundred and ninety million dollars total in survey funding, so that's the amount that they get to do these survey surveys, which according to my math would only allow the agency to conduct roughly fourteen thousand six hundred additional surveys. According to the Medicare Payment Advisory Commission, there were six thousand seven hundred hospices and twelve thousand home health health agencies operating in twenty twenty four, likely there are probably more now. So that's about eighteen thousand seven hundred providers, yet the bill only provides enough money for fourteen thousand six hundred surveys. So the bill itself does not provide even enough funding to survey each existing hospice and health healthcare agency. Um, isn't that correct?

Patrick Dumas (Witness)2:29:43 – 2:29:52

Uh, the bill provides, as you mentioned, dedicated funding for additional surveys, all existing hospices are surveyed on a three year annual basis, which CMS has existing funds to cover.

Rep. Sánchez (CA-38)2:29:52 – 2:30:30

But with the, but with the funding that they have, it's, you're, they're not even gonna be able to survey every existing hospice provider at least once. I just wanna point out that my bill, the Hospice Care Act, addresses every single one of these issues across the numerous policies in this bill, both retroactively through fraud policies, but also proactively through payment reforms. Um, so again, very disappointing that you would bring a watered-down version of a bill and, um, not want to take on tackling too much fraud. And with that I will yield back.

Rep. Smith (MO-8)2:30:30 – 2:30:40

Are there additional technical questions about the amendment and the nature of a substitute? Seeing none, we'll move to strike the last word. Does anyone wish to strike the last word?

Patrick Dumas (Witness)2:30:41 – 2:30:41

Mr. Beier?

Rep. Smith (MO-8)2:30:42 – 2:30:43

Miss Van Duyn.

Patrick Dumas (Witness)2:30:43 – 2:30:43

Miss Van

Rep. Van Duyne (TX-24)2:30:43 – 2:33:10

Thank you very much, Miss, uh, Miss, uh, Chairman, uh, Smith. Uh, I'm I'm disappointed that we can't get the support of our colleagues on on this, considering how important of an issue it is. Um, I I we worked on this bill for a number of years and we worked with a lot of the hospices, we worked with industry, we worked with our colleagues to make sure that this was a very important, very effective bill to cut down on fraud. But we are also very thoughtful, understanding that there has to be a balance. There has to be a balance between the disclosure requirements that can actually help identify fraud. and punitive reporting that regulations that just serve to increase the cost and the burden on proven providers. So, we've seen what happens when regulations are so severe that have nothing to do with increased quality, decreased cost, or anything like that, but when they are so severe that they actually force clinics to shut down, programs to be stopped, or programs that could be flourishing by very successful, very um um trust trusted advi um um programs, aren't allowed to continue. We have a huge need for hospice in this country, and by blocking trusted providers because you are giving them such a massive regulatory burden is doing the exact opposite I believe of what we need to do. So, we've got some statements from folk folks in the hospice um um arena that are very supportive. We've got the National Partnership for Healthcare and Hospice Innovation that says the provisions outlined and the Protecting Patients and Stopping Fraudsters Act legislation reflect many of the concerns. responsible providers have raised for years. But it doesn't impose unnecessary burdens on trusted nonprofit providers, delivering exceptional community-based care. We should want them to proliferate. I've got a an- another letter from Leading Edge. It says, Representative Beth Van Dines, protecting seniors and stopping fraudsters, that's is an important step. We support this bill and appreciate Representative Van Dines' leadership in this critical issue. There's another one, National Alliance for Care at Home. We support and endorse Congresswoman Beth Van Duyn's legislation, the Protecting Seniors and Stopping Fraudsters Act, which addresses addresses fraud in the hospice and home health space by tightening enrollment and survey oversight raising penalties for quality reporting failures improving accreditation, and providing beneficiary protections. We believe these provisions have been drafted in a targeted and data-driven way to address criminal actors while aiming to avoid

Rep. Smith (MO-8)2:33:25 – 2:33:28

Are there additional members who wish to strike the last word? Mister Beier.

Rep. Beyer (VA-8)2:33:29 – 2:36:26

Mister Chairman, thank you very much. Yeah, I understand that my Republican colleagues are marking this up as an opportunity to address overspending and fraud in our healthcare system. And I believe that many members have put together real, meaningful proposals on these issues. We we do have an important responsibility to address fraud and overspending. My colleague, Miss Sanchez, has an excellent bill to comprehensively tackle the issue of fraudulent predatory hospice care providers. Mister Davis and Miss Chu have another explicitly to address the intentional misuse of TANF funds. But those bills are not before us today. I know that many of us expressed an appetite to tackle the most serious cases of overpayment and overspending in our healthcare system. including in programs like Medicare Advantage and driven by trends like consolidation. But those, too, are not before our committee today. Instead, we're presented with bills, some of which were not seen publicly until this week, that fall short of the work that this committee should be doing. Today we have in front of us a set of views, reportedly to lay out the explicit position of the Ways and Means Committee, which is definitely silent on fraud that falls expressly within the jurisdiction of this committee. It's been less than a week that we learned since President Trump and his administration intend to steal nearly two billion dollars from American taxpayers. Donald Trump started by filing a frivolous frivolous lawsuit against the United States for ten billion dollars. And in normal circumstances, the Justice Department would have simply fought that case. But given that the department is now now led by Donald Trump's formal former, personal lawyer, the president functionally negotiated with himself to create a new two billion dollars plus fund to funnel taxpayer money to his allies. We can't sugarcoat this. He's ordering the federal government to give his allies that money. This is stealing. And they're using the IRS to do it, which means that it falls squarely under our committee's jurisdiction. And on top of that, he's barred the agency from pursuing any audits into his finances, which can net him and cost the Tre- US Treasury tens of millions of dollars. But I see no mention in these used inestimates about conducting this committee's due oversight of that theft. Unless my colleagues across this committee wish to clarify that " full unfair administration of tax laws by the IRS" includes preventing this blatantly illegal theft of taxpayer funds this mark-up falls far short of addressing some of the most serious and blatant fraud in our nation's history. And that's only the tip of the iceberg. The president has pardoned at least twenty-one people convicted of health care fraud including stealing billions from Medicare and Medicaid, and along the way denied fair compensation to victims of fraud. And that's not to mention his dismantling of the anti-fraud and the public corruption wa- watchdogs and prosecutors at the Department of Justice. We live in a golden age for fraud, enabled day in and day out by this administration. If this was a serious attempt at cracking down on fraud, I would expect the views of this committee to reflect it on record, and for the oversight committee to put that into action. I yield back.

Rep. Smith (NE-3)2:36:33 – 2:36:33

Mister Doggett.

Rep. Doggett (TX-37)2:36:35 – 2:37:22

Thank you. The Trump regime yells fraud every time it wants to attack a program that it does not like. But there have been few administrations in recent American history that have taken a softer more permissive attitude toward fraud. Soft on crime, soft on fraud, that's what the Trump regime is all about. And uh we see that really in the legislation that we're considering today. uh, three bills, uh, that have nothing to do with fraud. Finally getting to one that does, but slimming it down, avoiding, as Ms. Sanchez said, doing too much to combat fraud. We've had so much tough talk from this administration, and yet time after time we see the effect of their soft-on-crime approach.

Rep. Beyer (VA-8)2:37:22 – 2:37:22

They're really harsh.

Rep. Doggett (TX-37)2:37:22 – 2:38:11

Last May, uh, Trump, the Trump regime abruptly reinstated eight hundred and fifty insurance agents and brokers who'd been suspended during the Biden administration for suspected fraud. During his appearance before this committee, Secretary Kennedy couldn't answer a single question about that. I have questioned Doctor Oz at CMS repeatedly about that. And finally, very belatedly last week, he offered a nonresponse to my repeated inquiries. While he failed to offer any explanation for what happened, how was it that eight hundred and fifty people that had been suspected of fraud, of crime, of d- denying uh the benefits that it promised, uh how is it that all at once,

Rep. Beyer (VA-8)2:38:09 – 2:38:10

Declared.

Rep. Doggett (TX-37)2:38:11 – 2:41:25

every one of them suddenly reappears and is freed of any wrongdoing and is back operating again? Well, Doctor Oz offered no explanation of that circumstance, but he did confirm that some of those who have uh he has reinstated are already facing the possibility of suspension again for being, I suppose, repeat offenders when it comes to health care crimes. I've uh extended a Freedom of Information Act request to obtain further information because this is an administration that is not only known by its soft on crime, soft on fraud approach, but by its intense desire to hide as much of its wrongdoing from the public as it possibly can. In response to a December third government accountability report, on ACA broker fraud that was requested by our Chairman, Mister Smith, who declared that the report was, quote, a " smoking gun". He has used it to defend denying a mother access to care for a sick child and doing away with health care tax credits that help millions afford their insurance. Those are cuts that have already left a million Americans without access to a family physician this year, and up to five million are expected to lose access by December. Yet, though he has a smoking gun, he hasn't done anything to look at the gun or the smoke. This committee has done absolutely nothing about this action on the eight hundred and fifty brokers that were at the heart of the misconduct. Instead, it simply denied benefits to Americans that needed it. These brokers aren't the only ones involved in a life of crime. Uh, Pr- President Trump has pardoned more fraudsters any president in the United States' history, allowing these criminals to walk free and denying the defrauded victims millions of dollars in restitution for the harm they suffered. He loves them so much that he's thinking of gifting himself two hundred and fifty pardons for his birthday next month. Just this past week, the Trump Justice Department dropped charges against an Indian billionaire charged with bribery and defrauding American investors. Recognizing that times are good in Washington for criminals, one of the world's most infamous fraudsters, Jay Lowe, has just requested a pardon for his four point five billion dollar fraud scheme. My Republican colleagues have remained silent about the special permissiveness toward fraud for the wealthy and the powerful. And while Trump keeps putting the criminals back on the streets, he has been taking the cops off by firing nineteen inspector generals, uh, by dismissing two hundred people who work to stop ACA fraud, like these broker schemes. Today's bills won't restore watchdogs or provide the restitution that he's denied so many consumers. Instead, what we have is a slush fund for people like the January sixth terrorists who are already walking free. Some of those that he pardoned already, he now offers the possibility of getting a reward for their wrongdoing, for their assault on police officers.

Rep. Smith (NE-3)2:41:39 – 2:41:42

The home this time has expired. I now recognize Miss Sanchez.

Rep. Sánchez (CA-38)2:41:43 – 2:44:06

Thank you. I just wanted to clarify earlier my technical questions. Uh, we were told that the payment reduction was for hospices that would apply to hospices even in the cases when they don't provide care, and that's not true. This bill only reduces payment for those hospices that refuse to submit their quality data. It does nothing to address the payments, the per diem payments, that hospice fraudsters receive even when they don't provide hospice care. So it's clear that provisions that respond to existing fraud only gonna go so far. And the only way to truly fix the problems in the system, which, again, my colleagues have been talking about fraud in the hospice care system for months now, but the only way to truly fix those problems in the system is to address the hospice payment system, which doesn't provide much accountability at all. If you are gonna continue to pay bad actors for not providing care or providing poor quality care Um, you have to hit them where it hurts, and that's in the pocketbook. Don't give money to fraudsters. I know that there must be appetite to work together to do better here if we are, if we are serious about combating fraud in the hospice um space. And again, I have policies that would address all of the issues that we've raised today. The Hospice Care Act not only addresses more comprehensively fraud within the hospice care system and gets at the payment system, but it also takes some of that money and reinvests it in a more supportive benefit, including home respite care, transitional inpatient respite care, and payment for high-cost palliative services like dialysis, blood transfusions, chemotherapy, and radiation. So, I urge, I c- I can do nothing other than to urge my colleagues across the aisle to continue to work on payment reform and hospice, because we could do so much better for American families if you really took those issues seriously. And with that, I will yield back.

Rep. Smith (NE-3)2:44:08 – 2:44:08

Mister Thompson.

Rep. Neal (MA-1)2:44:13 – 2:46:47

Uh, thank you, Mister Chairman. I move to strike the last word. Mister Chairman, while we'll mark up some legislation today that could benefit some of our constituents, It's um, it's a real distraction what we're doing today from uh some incredibly alarming corruption coming out of this White House. Corruption is bad and we should track it down at every opportunity. We should also be focusing on the affordability crisis that's crushing families in all of our districts. And we could start by focusing on and going after congressional Republicans' effort to spend a billion dollars to build a gold-plated White House ballroom. Or congressional Republicans' effort to allow this corrupt administration to spend one point eight billion dollars on a slush fund that will benefit the January sixth insurrectionists who assaulted Capitol Police. This president and congressional Republicans added four trillion dollars to our national debt just to give their billionaire donors a tax break. And congressional Republicans continue to allow this president to wage an illegal war that has cost us at least fifty billion dollars, and sadly killed thirteen Americans. and countless noncombatant civilians. Meanwhile, the President of the United States says, quote, he doesn't think about Americans' financial situation. So let's talk about Americans' financial situation under Republican c- control of the federal government. Gas prices have riven risen astronomically. American families can't afford gas to put in their car, to go to work, to go on vacation. American families can't afford their groceries. American families are having trouble affording their rent. American families can't afford their health care. Mr. Chairman, I ask unanimous consent to enter into the record this analysis from the Kaiser Family Foundation that shows that one in four people are expected to lose their coverage through the ACA changes.

Rep. Smith (NE-3)2:46:47 – 2:46:48

Without objection, so-and-so.

Rep. Neal (MA-1)2:46:48 – 2:48:38

Thank you. Mr. Chairman, five point eight million people will lose their health care coverage this year because congressional Republicans refused to extend the Affordable Care Act, enhanced premium tax credits. We spent more on the president's illegal war with Iran than we would have spent providing nearly five million people quality affordable health care. Republicans had shown where their priorities are. We can afford to spend fifty billion dollars to ra- to wage an illegal war another country, but we can't afford to make hard-working Americans, uh, uh, access to affordable health care insurance. Mister Chairman, a record forty percent of Americans now enroll in bronze plans under the AC market ACA marketplace, which have the lowest premiums but the highest deductibles. So the average American's deductible, uh, has risen by over a thousand dollars this year. That means Americans have spent another thousand dollars on their health care. Despite this, Americans' ACA Marketplace insurance premiums have also risen fifty-eight percent on average compared to last year. Americans are paying more for worse health care coverage. Mister Chairman, we can do better. We should do better. And when Democrats are back in control of this committee and the next will show hard-working Americans that we, that they are our priority, not billionaire donors. Because Republicans have shown the American people that their priority is not the American people. It's corruption and it's billionaire donors I yield back.

Rep. Sánchez (CA-38)2:48:38 – 2:48:39

Yes, sir. What happened next?

Rep. Smith (NE-3)2:48:40 – 2:48:42

Are there others wishing to strike the last word?

Rep. Sánchez (CA-38)2:48:43 – 2:48:45

Very good. No. Oh, good.

Rep. Smith (NE-3)2:48:45 – 2:48:48

Are there any, are there any amendments? To the amendment in the nature of a substitute.

Rep. Sánchez (CA-38)2:48:49 – 2:48:51

Mr. Chairman, I have an amendment at the desk.

Rep. Buchanan (FL-16)2:48:51 – 2:48:53

Mr. Chairman, I reserve a point of order.

Rep. Smith (NE-3)2:48:53 – 2:49:59

Point of order has been reserved. Clerk will distribute the amendment and I ask the the uh gentlelady to suspend while the clerk distributes. Miss Sanchez is recognized for five minutes to open on her amendment.

Rep. Sánchez (CA-38)2:49:58 – 2:51:53

Thank you, Mr. Chairman. My amendment would replace the existing text with the Hospice Care Act. As previously noted, this bill is a comprehensive approach to both program integrity and payment reform. And as I mentioned in my earlier statement, the Office of the Inspector General at HHS recommended a number of changes to the benefit to protect hospice patients and taxpayers. Most importantly, including adjustments to the current payment system, to actually tie payments to beneficiaries' care needs and the quality of care. My bill, the Hospice Care Act, which was introduced earlier this year, would require increased transparency of hospice ownership. It would increase survey frequency for new hospices to ensure they meet health and safety standards. It would prohibit payment to hospices that do not submit required quality data. It would reduce the potential for inappropriate financial conflicts of interest when certifying individuals' eleb eligibility. It would provide patients with an explanation of benefits within fifteen days. as well as revise the payment structure for routine home care to reward in-person care, while increasing payments for palliative, radiation, dialysis, and chemotherapy. And most importantly, it creates a new respite benefit to support patients and families. To my colleagues, this bill is still the only comprehensive approach to both improving hospice care and tackling waste, fraud, and abuse. And I hope that if this amendment is not adopted today, my Republican colleagues will commit to continuing to work with us on payment reform. And with that, I yield back.

Rep. Smith (NE-3)2:51:55 – 2:52:02

General Leiter yields back. Uh, uh, anyone wishing to strike the last word? Miss Van Duyn.

Rep. Van Duyne (TX-24)2:52:03 – 2:54:00

Thank you very much, Mr. Chairman. Um, this amendment basically takes out all of the accountability. for the accrediting organizations. It takes out the program integrity policies for home health, and it imposes a mandatory five-year moratorium on new hospices. And it's completely unnecessary considering that Doctor Oz has just come out and said that they're gonna have a six-month moratorium while they investigate. And the thing that I'm really upset about is this should be a bipartisan effort. We should be working together to stop hospice fraud, but I really don't remember my Dems questioning Becerra. on why the Biden administration wasn't doing enough to crack down on fraud, even though we had example after example after example of that happening in the back in the backyard in California of our our wonderful congresswoman on the other side of the aisle. In fact, what we have seen is Democrat after Democrat defending and blocking investigations into fraud. How many more schemes are we gonna see, like the child's feeding, you know, the children's feeding program in Minnesota, or the home health care pillaging in Ohio, or the massive hospice fraud in California. How many more of those are we gonna see while Dems sit here, play games, and they fight strong bipartisan bills because their name's not on it? This is a very effective bill. This bill goes after the fraudsters while not imposing absolutely unnecessary financial burdens, time burdens on those actors that have already proven themselves to be successful, to be thoughtful, and to be legal. For every hour that a nurse, that a caregiver is gonna have to spend on checking a box of unnecessary paperwork, is an hour that they are not gonna be able to spend with the patients who desperately need it. This is a costly amendment, it is an un- nes- unnecessary amendment, and it will prevent folks who absolutely need hospice care from being able to get it. I really hope that my colleagues on both sides of the aisle vote no on this amendment, and I yield back.

Rep. Smith (NE-3)2:54:01 – 2:54:15

Others wishing to strike the last word? Seeing none, the questions on the on agreeing to the amendment offered by Ms. Sanchez, all those in favor s- uh signify by saying aye.

Unknown2:54:15 – 2:54:15

Aye.

Rep. Smith (NE-3)2:54:16 – 2:54:17

Those opposed, no.

Unknown2:54:17 – 2:54:18

No.

Rep. Smith (NE-3)2:54:18 – 2:54:21

Depending on the chair, the no's have it. Clerk will call the roll.

Clerk2:54:23 – 2:54:24

Mr. Buchanan.

Rep. Van Duyne (TX-24)2:54:24 – 2:54:24

No.

Clerk2:54:25 – 2:55:02

Mr. Buchanan, no. Mr. Smith-Nebraska, no. Mr. Smith-Nebraska, no. Mister Kelly. Mister Kelly, no. Mister Schweikart. Mister Schweikart, no. Mister Lohut. Mister Errington. Mister Estes. Mister Estes, no. Mister Smucker. Mister Smucker, no. Mister Hearn.

Rep. Smith (NE-3)2:55:02 – 2:55:02

No.

Clerk2:55:03 – 2:55:09

Mister Hearn, no. Misses Miller. Doctor Murphy.

Rep. Smith (NE-3)2:55:10 – 2:55:10

No.

Clerk2:55:11 – 2:55:17

Doctor Murphy, no. Mister Kustof. Mister Kustof, no. Mister Fitzpatrick.

Rep. Smith (NE-3)2:55:17 – 2:55:17

No.

Clerk2:55:18 – 2:55:27

Mister Fitzpatrick, no. Mister Stubbe. Mister Stubbe, no. Miss Tenney. Miss Tenney, no. Mrs. Fischbach.

Unknown2:55:27 – 2:55:27

No.

Clerk2:55:28 – 2:55:37

Mrs. Fischbach, no. Mr. Moore. Mr. Moore, no. Miss Van Duyn. Miss Van Duyn, no. Mr. Feenstra.

Unknown2:55:38 – 2:55:39

No, so it's just

Clerk2:55:39 – 2:55:46

Mr. Feenstra, no. Miss Maliatakis. Miss Maliatakis, no. Mr. Carey.

Unknown2:55:46 – 2:55:46

No.

Clerk2:55:46 – 2:55:49

Mr. Carey, no. Mr. Yackem.

Unknown2:55:49 – 2:55:49

No.

Clerk2:55:50 – 2:55:52

Mr. Yackem, no. Mr. Miller.

Unknown2:55:53 – 2:55:53

No.

Clerk2:55:54 – 2:55:56

Mister Miller, no. Mister Bean.

Unknown2:55:56 – 2:55:57

No.

Clerk2:55:57 – 2:55:59

Mister Bean, no. Mister Moran.

Unknown2:55:59 – 2:56:00

No.

Clerk2:56:00 – 2:56:13

Mister Moran, no. Mister Neal. Mister Neal, yes. Mister Doggett. Mister Doggett, yes. Mister Thompson. Mister Thompson, yes. Mister Larson.

Rep. Moore (WI-4)2:56:14 – 2:56:14

Yes.

Clerk2:56:14 – 2:56:16

Mister Larson, yes. Mister Davis.

Rep. Moore (WI-4)2:56:16 – 2:56:17

Yes.

Clerk2:56:17 – 2:56:26

Mister Davis, yes. Mister Sanchez. Mister Sanchez, yes. Mister Sewell. Mr. Albany.

Unknown2:56:27 – 2:56:27

Um.

Clerk2:56:27 – 2:56:30

Mr. Albany? Yes. Miss Chu.

Unknown2:56:30 – 2:56:31

I.

Clerk2:56:31 – 2:56:34

Miss Chu? Yes. Miss Moore.

Unknown2:56:34 – 2:56:35

I.

Clerk2:56:35 – 2:56:42

Miss Moore? Yes. Mister Boyle. Mister Beier.

Unknown2:56:42 – 2:56:43

Yes.

Clerk2:56:43 – 2:57:02

Mister Beier? Yes. Mister Evans. Mister Schneider. Mister Schneider, yes. Mister Panetta. Mister Panetta, yes. Mister Gomez. Mister Horsford.

Rep. Moore (WI-4)2:57:02 – 2:57:03

Yes.

Clerk2:57:03 – 2:57:06

Mister Horsford, yes. Miss Plaskett.

Rep. Moore (WI-4)2:57:06 – 2:57:07

Yes, yes.

Clerk2:57:07 – 2:57:16

Miss Plaskett, yes. Mister Swazi. Mister Swazi, yes. Mister Lahoog.

Unknown2:57:17 – 2:57:17

No.

Clerk2:57:18 – 2:57:34

Mister LaHood, no. Mister Errington. Misses Miller. Miss Sewell. Mister Boyle.

Rep. Moore (WI-4)2:57:35 – 2:57:35

Yes.

Clerk2:57:36 – 2:57:40

Mister Boyle, yes. Mister Evans.

Rep. Moore (WI-4)2:57:40 – 2:57:40

Yes.

Clerk2:57:41 – 2:57:54

Mister Evans, yes. Mister Gomez. Chairman Smith.

Rep. Smith (NE-3)2:57:54 – 2:57:54

No.

Clerk2:57:55 – 2:57:56

Chairman Smith, now.

Rep. Smith (NE-3)2:58:23 – 2:58:23

Click report.

Clerk2:58:25 – 2:58:28

Mr. Chairman, the yeses are seventeen and the noes are twenty-four.

Rep. Smith (NE-3)2:58:29 – 2:58:36

The yeses being seventeen, the noes being twenty-four. The amendment is not agreed to. Are there additional men- amendments?

Rep. Chu (CA-28)2:58:37 – 2:58:38

Uh, I have an amendment at the desk.

Rep. Buchanan (FL-16)2:58:38 – 2:58:40

Mr. Chairman, I reserve a point of order.

Rep. Smith (NE-3)2:58:42 – 2:59:29

Uh, Miss Chu, if you'll uh suspend while we distribute the amendments. Miss Chu is recognized for five minutes.

Rep. Chu (CA-28)2:59:30 – 3:02:08

Mister Chair, this amendment is about transparency, accountability, and protecting patients and families at one of the most vulnerable moments in their lives. The underlying bill is supposedly focused on hospice fraud and program integrity. I certainly would support that goal. But if we are going to have a serious conversation about oversight in hospice care, then we also have to talk about the growing role of private equity and corporate ownership in this industry. Today, more and more hospice agencies are being purchased by private equity firms and large investment-backed companies whose business model is built around maximizing returns. And recent research raises serious concerns about what that means for patient care. A major study published in Health Affairs found that private equity-owned hospices spent the least on direct patient care compared to every other ownership model. They spent significantly less on nursing salaries and reported the highest profit margins. These are patients at the end of life. These are families relying on nurses, aides, and caregivers during some of the hardest moments they will ever experience. My amendment simply says, if a hospice program is participating in Medicare, then CMS and the public should know who owns it, who controls it financially, and whether complicated corporate arrangements may be influencing patient care decisions. Specifically, my amendment requires disclosure of private equity ownership interests, parent companies and affiliates, related party financial arrangements, and recent ownership transfers during hospice enrollment revalidation. And that is, that is basic transparency. And frankly, it complements the underlying bill very well. The base bill already recognizes that ownership changes and unusual operational patterns can be warning signs for fraud or abuse. My amendment helps give CMS a clearer picture of who is actually operating those hospice agencies and where Medicare dollars are going. Patients and families deserve to know that decisions about hospice care are being driven by medical needs and compassion, not by pressure to generate higher returns for investors. I urge adoption of this amendment and I yield back.

Rep. Smith (NE-3)3:02:09 – 3:02:11

Ms. Van Duyn is recognized for five minutes.

Rep. Van Duyne (TX-24)3:02:12 – 3:03:26

Thank you very much. Um, the secretary h- already has the authority to require providers to report on this ownership. The bill before us now goes farther and requires hospices to be revalidated in areas where there's lots of fraud, and the revalidation process entails ownership reporting already. This is a needless amendment. But let's remember that the goal of the legislation before us today is to stop bad actors, fraudsters, people who are literally stealing tens of millions of dollars from folks who need it and from programs that are actually doing the work. And it has no idea, and it doesn't matter, who they are and what kind of ownership structure they are. We are legitimately going after the bad actors, specifically transnational criminal organizations. because that's where you're seeing the massive amount of problems. The provisions in the original bill, combined with the excellent work that's being done by Vice President Vance, by Doctor Oz and the anti-fraud task force, will stop the fraud, no matter who is responsible and no matter what kind of ownership structure that the fraudsters fraudsters use. I urge my colleagues to support the underlying legislation and reject the additional regulatory burdens that we continue to see from the Democrats' amendments. And I yield back.

Rep. Smith (NE-3)3:03:28 – 3:03:29

Others wishing to strike the last word?

Rep. Van Duyne (TX-24)3:03:29 – 3:03:31

Linda, do you want, do you want to play this?

Rep. Smith (NE-3)3:03:36 – 3:03:48

Others wishing to strike the last word? Seeing none. Question is on agreeing to the amendment offered by Ms. Chu. All those in favor, signify by saying aye.

Rep. Van Duyne (TX-24)3:03:48 – 3:03:49

Aye.

Rep. Smith (NE-3)3:03:49 – 3:03:56

Those opposed, no. And the opinion of the chair, the noes have it. Clerk will call the roll.

Clerk3:03:57 – 3:03:58

Mister Buchanan.

Rep. Smith (NE-3)3:03:58 – 3:03:58

No.

Clerk3:03:59 – 3:04:22

Mister Buchanan, no. Mister Smith, Nebraska, no. Mister Smith, Nebraska, no. Mister Kelly. Mister Schweikert. Mister Schweikert, no. Mister LaHood.

Rep. Smith (NE-3)3:04:23 – 3:04:23

No.

Clerk3:04:24 – 3:04:38

Mister Lohut, no. Mister Errington. Mister Estes. Mister Estes, no. Mister Smucker. Mister Smucker, no. Mister Hearn.

Rep. Smith (NE-3)3:04:38 – 3:04:39

No.

Clerk3:04:39 – 3:04:45

Mister Hearn, no. Misses Miller. Doctor Murphy.

Rep. Smith (NE-3)3:04:46 – 3:04:46

Errington.

Clerk3:04:47 – 3:04:49

Doctor Murphy, no. Mister Kustof.

Rep. Smith (NE-3)3:04:50 – 3:04:50

No.

Clerk3:04:50 – 3:05:04

Mister Kustof, no. Mister Fitzpatrick. Mister Fitzpatrick, no. Mister Stubbe. Mister, Mister Stubbe, no. Mister Tenney. Mister Tenney, no. Mister Svespach.

Rep. Smith (NE-3)3:05:04 – 3:05:05

No.

Clerk3:05:06 – 3:05:27

Mister Svespach, no. Mister Moore. Mister Moore, no. Mister Van Duyn. Mister Van Duyn, no. Mister Feenstra. Mister Feenstra, no. Mister Malitakis. Miss Maliatakis, no. Mister Kerry. Mister Kerry, no. Mister Yockem.

Rep. Smith (NE-3)3:05:28 – 3:05:28

No.

Clerk3:05:29 – 3:05:31

Mister Yockem, no. Mister Miller.

Rep. Smith (NE-3)3:05:32 – 3:05:32

No.

Clerk3:05:32 – 3:05:35

Mister Miller, no. Mister Bean.

Rep. Smith (NE-3)3:05:35 – 3:05:36

No.

Clerk3:05:36 – 3:05:44

Mister Bean, no. Mister Moran. Mister Neal.

Rep. Smith (NE-3)3:05:44 – 3:05:45

Yes. No.

Clerk3:05:45 – 3:05:55

Mister Neal, yes. Mister Doggett. Mister Doggett, yes. Mister Thompson. Mister Larson.

Rep. Smith (NE-3)3:05:55 – 3:05:55

Yes.

Clerk3:05:56 – 3:05:58

Mister Larson, yes. Mister Davis.

Rep. Smith (NE-3)3:05:59 – 3:05:59

Yes.

Clerk3:05:59 – 3:06:21

Mister Davis, yes. Miss Sanchez. Miss Sanchez, yes. Miss Sewell. Miss DelBene. Miss DelBene, yes. Miss Chiu. Miss Chiu, yes. Miss Moore. Miss Moore, yes. Mister Boyle. Mister Buyer.

Rep. Smith (NE-3)3:06:22 – 3:06:23

Yes.

Clerk3:06:23 – 3:06:30

Mister Buyer, yes. Mister Evans. Mister Schneider.

Rep. Smith (NE-3)3:06:32 – 3:06:32

Yes.

Clerk3:06:32 – 3:06:43

Mister Schneider, yes. Mister Panetta. Mister Panetta, yes. Mister Gomez. Mister Horsford.

Rep. Smith (NE-3)3:06:43 – 3:06:44

Yes.

Clerk3:06:45 – 3:06:47

Mister Horsford, yes. Miss Plaskett.

Rep. Smith (NE-3)3:06:48 – 3:06:49

Yes.

Clerk3:06:49 – 3:06:52

Miss Plaskett, yes. Mister Swasey.

Rep. Smith (NE-3)3:06:53 – 3:06:53

Yes.

Clerk3:06:54 – 3:07:12

Mister Swasey, yes. Mister Kelly. Mister Kelly, no. Mister Errington. Mrs. Miller. Mister Moran.

Rep. Smith (NE-3)3:07:12 – 3:07:13

No.

Clerk3:07:13 – 3:07:29

Mister Moran, no. Mister Thompson. Mister Thompson, yes. Miss Sewell. Mister Boyle.

Unknown3:07:29 – 3:07:30

Yes.

Clerk3:07:30 – 3:07:33

Mister Boyle, yes. Mister Evans.

Unknown3:07:34 – 3:07:34

Yes.

Clerk3:07:34 – 3:07:45

Mister Evans, yes. Mister Gomez. Chairman Smith.

Rep. Smith (NE-3)3:07:46 – 3:07:46

No.

Clerk3:07:47 – 3:08:19

Chairman Smith, no. Clerk report. Mr. Chairman, the yeses are seventeen and the noes are twenty-four.

Rep. Smith (NE-3)3:08:21 – 3:08:26

Yeses being seventeen, the noes being twenty-four, the amendment is not adopted. Are there additional amendments?

Rep. Sánchez (CA-38)3:08:26 – 3:08:27

Mr. Chairman.

Rep. Smith (NE-3)3:08:28 – 3:08:28

Ms. Sanchez.

Rep. Sánchez (CA-38)3:08:28 – 3:08:29

I have an amendment at the desk.

Rep. Buchanan (FL-16)3:08:30 – 3:08:32

Is the chairman a reserved point of order?

Rep. Smith (NE-3)3:08:32 – 3:09:37

Or a point of order has been reserved. Please suspend while the amendment is being distributed. Miss Sanchez, you're recognized for five minutes.

Rep. Sánchez (CA-38)3:09:38 – 3:12:32

Thank you, Mr. Chairman. My amendment is actually very simple. it would subject additional fraudsters to the same enhanced oversight measures under this bill. Additional fraudsters include any managing employee or person with ownership or control interest in hospices entities listed in the bill. It would additionally subject the two hundred individuals who were pardoned or received commutations by President Trump. These include at least seven doctors running discredited nursing homes, It includes a former doctor and California hospital owner who was embroiled in a massive kickback scheme billing more than fourteen thousand spinal surgeries. One particularly egregious instance was President Trump commuting the sentence of a nursing home magnate serving a twenty year sentence for ripping one billion dollars from Medicare and Medicaid. The FBI described this man as, quote, "driven by almost unbounded greed, unquote, making, quote, extravagant purchases, including luxury automobiles and a three hundred and sixty thousand dollar watch, end quote. I find that disgusting given that many American families are struggling just to get by. Lastly, this amendment would subject the numerous individuals receiving payouts from President Trump's slush fund a k a the anti-weaponization fund, to additional oversight measures. These are people who assaulted Capitol Police officers. It is unbelievable to me that President Trump would want to compensate them for violence against law enforcement officers. President Trump himself has ensured that these violent insurrectionists are free to roam our streets now that their sentences have been commuted, or they've been pardoned. And I would also note that there are many articles describing how many of these pardoned January sixth insurrectionists have gone on to com- to commit even more violent crimes and been arrested and convicted for doing so. So, we're returning criminals to the streets, which I think is not what this country needs. I ask my colleagues to consider that these people have already proven a disregard for the law and that they will steal from our federal programs and our taxpayer dollars. Why not ensure that these people cannot take further advantage of Medicare beneficiaries or our taxpayer dollars? So it's a very simple amendment and I would ask for the support of my colleagues today. And with that, a yield back.

Rep. Smith (NE-3)3:12:34 – 3:12:35

The member yields back.

Rep. Neal (MA-1)3:12:35 – 3:12:35

Strike the last word.

Rep. Smith (NE-3)3:12:36 – 3:12:39

To strike the last word, Mr. Doggett is recognized.

Rep. Doggett (TX-37)3:12:39 – 3:15:00

Well, I applaud the amendment. Uh, even though today's uh uh alleged attempt to deal with the elephant in the room fraud has continually shrunk as we hear about these bills, and even though this particular piece of legislation is one that could have done something meaningful about fraud but has instead taken a very narrow approach, and excluded the many effective provisions in the legislation that Ms. Sanchez has offered, we face a bigger problem. And that is that to the extent that this committee chose, which it has not, to do some genuine anti-fraud legislation and get it adopted, the danger is that, uh, anyone who is convicted of fraud, as long as they have enough money and a strong enough lobbyist, they can be pardoned by the President of the United States. And we have a history of that one after another. One of the most uh outrageous ones is this fellow Paul Wozniak. He was a nursing home CEO. He owed four point four million dollars in restitution to his defrauded victims. And he found a way to get uh a pretty good deal. His mother only had to contribute one million dollars at a Trump fundraiser And surprise, his four mill- four point four million dollars is gone. He doesn't owe a penny to his victims. Plus, there is some benefit in getting out of jail. So these get-out-of-jail-free cards that are so regularly given by this administration. And now with the outrageous conduct this week of setting up this special fund to reward terrorists, there's nothing to prevent the president from proceeding through this new special fund that he has negotiated. almost two billion dollars to use that to reward some of the very people that he's pardoned for this misconduct. So without uh the kind of amendment you have, I think we'll see more and more pardons, more and more misconduct, uh and more and more fraud, because those who commit fraud know that if they have enough money, if they have enough influence, if they have enough campaign contributions, the slate will be wiped clean and they'll get out of jail free, I yield back.

Rep. Smith (NE-3)3:15:01 – 3:15:12

Others wishing to strike the last word. Seeing none, the question is on agreeing to the amendment. All those in favor signify signify by saying aye.

Rep. Doggett (TX-37)3:15:12 – 3:15:12

Aye.

Rep. Smith (NE-3)3:15:12 – 3:15:17

Those opposed no. In the opinion of the chair, the noes have it. Clerk, call the roll.

Clerk3:15:18 – 3:15:19

Mr. Buchanan.

Rep. Neal (MA-1)3:15:19 – 3:15:19

No.

Clerk3:15:20 – 3:16:12

Mr. Buchanan. No. Mr. Smith-Nebraska. Mr. Smith of Nebraska, no. Mr. Kelly. Mr. Schweikert. Mr. Lohut. Mr. Arrington. Mr. Estes. Mister Estes. No. Mister Smucker. Mister Hearn. Mister Hearn. No. Mrs. Miller. Doctor Murphy.

Rep. Smith (NE-3)3:16:12 – 3:16:12

No.

Clerk3:16:13 – 3:16:23

Doctor Murphy. No. Mister Kutztopf. Mister Kutztopf. No. Mister Fitzpatrick. Mister Fitzpatrick, no. Mister Stubbe.

Rep. Smith (NE-3)3:16:23 – 3:16:23

No.

Clerk3:16:24 – 3:16:54

Mister Stubbe, no. Mister Tenney. Mister Tenney, no. Misses Fischbach. Misses Fischbach, no. Mister Moore. Mister Moore, no. Mister Van Duyn. Mister Van Duyn, no. Mister Feenstra. Mister Feenstra, no. Mister Maliatakis. Mister Maliatakis, no. Mister Carey. Mister Kerry, no. Mister Yackem, mister Yackem, no. Mister Miller,

Rep. Smith (NE-3)3:16:51 – 3:16:55

No. No.

Clerk3:16:55 – 3:16:57

mister Miller, no. Mister Bean,

Rep. Smith (NE-3)3:16:58 – 3:16:58

No.

Clerk3:16:58 – 3:17:06

mister Bean, no. Mister Moran. Mister Neal.

Unknown3:17:07 – 3:17:07

Yes.

Clerk3:17:07 – 3:17:16

Mister Neal, yes. Mister Doggett. Mister Doggett, yes. Mister Thompson. Mister Thompson. Yes, Mr. Larson.

Rep. Smith (NE-3)3:17:16 – 3:17:17

Yes.

Clerk3:17:17 – 3:17:19

Mr. Larson, yes, Mr. Davis.

Rep. Smith (NE-3)3:17:19 – 3:17:20

Yes.

Clerk3:17:20 – 3:17:38

Mr. Davis, yes, Miss Sanchez. Miss Sanchez, yes, Miss Sewell. Miss Sewell, yes, Miss DelBene. Miss DelBene, yes, Miss Chiu. Miss Moore. Miss Moore, yes, Mr. Boyle.

Rep. Smith (NE-3)3:17:39 – 3:17:39

Yes. Yes.

Clerk3:17:39 – 3:17:41

Mr. Boyle, yes, Mr. Beier.

Rep. Smith (NE-3)3:17:41 – 3:17:42

Yes.

Clerk3:17:42 – 3:17:44

Mr. Beier, yes, Mr. Evans.

Unknown3:17:45 – 3:17:45

Yes.

Clerk3:17:45 – 3:17:52

Mister Evans, yes. Mister Schneider. Mister Schneider, yes. Mister Panetta.

Unknown3:17:51 – 3:17:52

Yes.

Clerk3:17:52 – 3:18:00

Mister Panetta, yes. Mister Gomez. Mister Horsford.

Unknown3:18:00 – 3:18:01

Yes.

Clerk3:18:01 – 3:18:04

Mister Horsford, yes. Miss Plaskett.

Unknown3:18:04 – 3:18:05

Yes.

Clerk3:18:05 – 3:18:08

Miss Plaskett, yes. Mister Swazi.

Rep. Smith (NE-3)3:18:08 – 3:18:09

Aye.

Clerk3:18:09 – 3:18:51

Mister Swazi, yes. Mister Kelly. Mister Kelly, no. Mister Schweikert. Mister Schweikert, no. Mister Lohood. Mister Lohood, no. Mister Arrington. Mister Smucker. Mister Smucker, no. Mrs. Miller. Mister Moran. Mister Chu.

Rep. Smith (NE-3)3:18:52 – 3:18:52

Aye.

Clerk3:18:54 – 3:18:59

Mister Chu, yes. Mister Gomez.

Rep. Smith (NE-3)3:18:59 – 3:18:59

Aye.

Clerk3:18:59 – 3:19:07

Mister Gomez, yes. Chairman Smith.

Rep. Smith (NE-3)3:19:08 – 3:19:08

Yeah.

Clerk3:19:09 – 3:19:10

Shemin Smith? No.

Rep. Smith (NE-3)3:19:11 – 3:19:11

Do yourself.

Rep. Buchanan (FL-16)3:19:57 – 3:19:57

Clerk report.

Clerk3:19:59 – 3:20:02

Mr. Chairman, the yeses are nineteen and the noes are twenty-three.

Rep. Smith (NE-3)3:20:03 – 3:20:27

Yeses being nineteen, the noes twenty-three. is not adopted. Are there additional amendments? Seeing none, if there are no further amendments, the question is on the adoption of the amendment in the nature of a substitute. All those in favor signify by saying aye. Those opposed, no.

Clerk3:20:28 – 3:20:28

No. No.

Rep. Smith (NE-3)3:20:28 – 3:20:36

In the opinion of the chair, the ayes have it, and the amendment in the nature of a substitute is agreed to. Now recognized, Mister Buchanan, for the purpose of offering a motion.

Rep. Buchanan (FL-16)3:20:37 – 3:20:44

Mr. Chairman, I move the committee favorably report H R eighty-eight eighty-three as amended to the House of Representatives.

Rep. Smith (NE-3)3:20:45 – 3:20:52

The question is on the motion to favorably report H R eighty-eight eighty-three as amended to the House of Representatives. Clerk, call the roll.

Clerk3:20:54 – 3:20:54

Mr. Buchanan.

Rep. Buchanan (FL-16)3:20:54 – 3:20:55

Yes.

Clerk3:20:56 – 3:21:13

Mr. Buchanan, yes. Mr. Smith of Nebraska, yes. Mr. Smith of Nebraska, yes. Mr. Kelly. Mister Kelly, yes. Mister Schweikart. Mister Schweikart, yes. Mister LaHood.

Rep. Smith (NE-3)3:21:13 – 3:21:13

Yes.

Clerk3:21:14 – 3:21:35

Mister LaHood, yes. Mister Arrington. Mister Estes. Mister Estes, yes. Mister Smucker. Mister Hearn. Mister Hearn, yes. Mrs. Miller. Doctor Murphy.

Rep. Smith (NE-3)3:21:36 – 3:21:37

Yeah, I mean, yeah.

Clerk3:21:38 – 3:21:40

Doctor Murphy, yes. Mister Kustof.

Rep. Smith (NE-3)3:21:40 – 3:21:40

Yes. Yes.

Clerk3:21:41 – 3:21:47

Mister Kustof, yes. Mister Fitzpatrick. Mister Fitzpatrick, yes. Mister Stubbe.

Rep. Smith (NE-3)3:21:47 – 3:21:47

Yes.

Clerk3:21:48 – 3:22:25

Mister Stubbe, yes. Miss Tenney. Miss Tenney, yes. Misses Fischbach. Misses Fischbach, yes. Mister Moore. Miss Van Duyn. Miss Van Duyn, yes. Mister Feenstra. Mister Feenstra, yes. Miss Maliatakis. Miss Maliatakis, yes. Mister Carey. Mister Carey, yes. Mister Joachim. Mister Joachim, yes. Mister Miller.

Rep. Smith (NE-3)3:22:26 – 3:22:27

Yes.

Clerk3:22:28 – 3:22:33

Mister Miller, yes. Mister Bean. Mr. Bean, yes. Mr. Moran.

Unknown3:22:33 – 3:22:33

Yes. Yes.

Clerk3:22:33 – 3:23:03

Mr. Moran, yes. Mr. Neal. Mr. Neal, no. Mr. Doggett. Mr. Doggett, no. Mr. Thompson. Mr. Thompson, no. Mr. Larson. Mr. Larson, no. Mr. Davis. Mr. Davis, no. Miss Sanchez. Miss Sanchez, no. No. Miss Sewell. No. Miss Sewell, no. No. Miss DelBene. No. Mr. Albany, no. Miss Chu.

Unknown3:23:03 – 3:23:03

No.

Clerk3:23:03 – 3:23:19

Miss Chu, no. Miss Moore. Miss Moore, no. Mr. Boyle. Mister Buyer. Mister Buyer, no. Mister Evans.

Unknown3:23:19 – 3:23:19

No.

Clerk3:23:20 – 3:23:33

Mister Evans, no. Mister Schneider. Mister Schneider, no. Mister Panetta. Mister Panetta. Yes. Mister Gomez.

Unknown3:23:33 – 3:23:34

No.

Clerk3:23:35 – 3:23:38

Mister Gomez, no. Mister Horsford.

Unknown3:23:38 – 3:23:38

No.

Clerk3:23:40 – 3:23:44

Mister Horsford, yes. Miss Plaskett.

Unknown3:23:44 – 3:23:45

No.

Rep. Smith (NE-3)3:23:44 – 3:23:45

No.

Unknown3:23:48 – 3:23:48

No.

Clerk3:23:48 – 3:23:51

Miss Plaskett, no. Mister Swazi.

Unknown3:23:52 – 3:23:52

No.

Clerk3:23:52 – 3:24:12

Mister Swazi, no. Mister Errington. Mister Smucker. Mrs. Miller. Mister Moore.

Unknown3:24:12 – 3:24:12

Mister

Clerk3:24:13 – 3:24:14

Mister Moore,

Unknown3:24:13 – 3:24:13

Boyle.

Clerk3:24:15 – 3:24:19

yes. Mister Boyle.

Unknown3:24:19 – 3:24:20

No.

Clerk3:24:21 – 3:24:28

Mister Boyle, no. Chairman Smith.

Unknown3:24:28 – 3:24:28

Yes.

Clerk3:24:30 – 3:24:31

Chairman Smith, yes.

Rep. Smith (NE-3)3:24:36 – 3:24:37

I was Miss Plaskett, recorded.

Clerk3:24:38 – 3:24:41

Miss Plaskett, no.

Rep. DelBene (WA-1)3:24:42 – 3:24:44

Um, Mr. Inspector, yes.

Clerk3:24:44 – 3:24:45

Miss Plaskett, yes.

Rep. Smith (NE-3)3:24:51 – 3:24:53

I was Mister Smucker, recorded.

Clerk3:24:53 – 3:24:58

Mister Smucker. Is not recorded. Mister Schmucker, yes.

Rep. Smith (NE-3)3:25:04 – 3:25:05

How is Miss Moore recorded?

Clerk3:25:13 – 3:25:14

Miss Moore, no.

Rep. Smith (NE-3)3:25:26 – 3:25:50

Clark will report. Chairman Smith. Excuse me, Chairman Smith. Are you recorded? Yes, I'm recorded forever. Yes. Chairman Smith, yes. That's right.

Clerk3:26:04 – 3:26:07

Mr. Chairman, the yeses are twenty-seven and the noes are sixteen.

Rep. Smith (NE-3)3:26:07 – 3:27:16

There being twenty-seven yeses and sixteen noes, the motion is agreed to and H R eighty-eight eighty-three, as amended, is favorably reported to the House. Without objection, I ask that staff be authorized to make technical and conforming changes to H R eighty-eight eighty-three, And that members have two additional days to file with the committee, committee clerk supplemental additional dissenting or minority views. H R eighty-eight seventy-one, the DME Scammer Prevention Act of two thousand twenty-six. Our next order of business is H R eighty-eight seventy-one, led by Representative Bean, which cracks down on fraud targeting Medicare's durable medical equipment benefit. After After seeing fraud schemes target seniors in his home state of Florida, Representative Bean has has made protecting Medicare beneficiaries a priority, championing anti-fraud technology to bring fraudsters to justice, save taxpayer dollars, and protect the benefits American seniors have earned. Representative Bean has also been a strong voice in favor of protecting taxpayers from the misuse of federal health care dollars. I'm pleased to recognize the gentleman from Florida, Mister Bean, for an opening statement.

Rep. Bean (FL-4)3:27:16 – 3:30:25

Thank you very much, Mr. Chairman, good morning to you and good morning, ways and means. It's twenty twenty six and criminals have uh, that are out to steal money, have discovered an easier way than robbing banks. Uh, they don't have to hide behind a mask and storm the uh bank. They can just hide behind a fax machine and bill Medicare. Uh, and that's what they're doing. Uh, Mr. Chairman, we've created a system that allows scammers and who knows who else to send a fax uh invoice to CMS which CMS pays very quickly. For those under thirty, if you don't know what a fax machine is, Google it. But it's technology that peaked in the early nineties, and that's the whole system of how CMS uh pays their bills. It's called the pay as you, the the the pay and chase method, as CMS pays their bills very quickly, receives an invoice, pays it, and months later may maybe looks at it and then and then has to chase uh whoever we sent that money to whether it was a PO box or a burrito stand claiming they provided durable medical equipment uh Mister Chairman you might ask this is bad but can it get worse? It can because CMS allows invoices to come in a year later three hundred and sixty five days later after the service provided is when you can send that fax or snail mail or anything and say, send that money to my PO box or or whatnot. Uh, if you're thinking, has this created a a ripe uh situation where fraud can can be can besiege these United States and the answer is yes it is and so right now it's estimated one in four of these invoices is fraudulent uh billions of dollars, have gone out to scammers and guess what members it potentially could start to end today because I give you for your consideration the DME scammer prevention act which says you know what let's do away with the uh fax machine let's ask that all providers invoice us with an email that's number one which uh that email gives us a chance to see is this a legit uh operator are they providing a a service that we can verify and that email does give that uh opportunity for us to check it out. It also says, bill us reasonably and talking to industry leaders ninety days, instead of a whole year. Ninety days is a very reasonable time for them to invoice us, so ninety days. And then it asks the general accounting office, tell us how we're doing next year, look at this and see if it's making an impact on fraud. So that is the Medical Scammer Prevention Act, Mister Chairman, and me- uh members on both sides, I'll finally a bill that we can all agree on and get behind and say no to scamming uh the taxpayers. It ends today. I yield back, Mister Chairman.

Rep. Smith (NE-3)3:30:27 – 3:30:30

Gentleman yields back. I now recognize Mister Doggett for an opening statement.

Rep. Doggett (TX-37)3:30:31 – 3:35:32

Thank you, Mister Chairman. This bill takes three tiny, minuscule s- uh steps to ad- address uh issues, big issues that have been raised about durable medical equipment. does three things. The first one is it requires electronic filing. Uh, the gentleman prefers emails to faxes to solve this problem. Uh, the only problem with that is that over ninety-nine percent of all DMA claims are already filed electronically. Uh, he is dealing with less than one-tenth of one percent of the problem. That's the kind of big attack on fraud that we're seeing in one of these bills after another. The second thing that it does is it requires that these claims be filed within ninety days. He says that's reasonable. I think it's reasonable. That's why ninety-three percent of the DME claims are already filed within ninety days. So perhaps he has a seven percent solution. Both of these changes are basically uh aimed at smaller operators that are not involved in big fraud matters. Uh, particularly the filing electronically will present some problems. for many rural small operators. But uh this is uh dealing with a matter that CMS is already studying and trying to determine wha- what is the best filing period, but it's not a major correction. And finally, he asked GAO to conduct more investigation, which could have been accomplished by letter. These recommendations that are included in this bill have not been recommended by any independent group. But there are a number of real anti-fraud measures that have been recommended that the committee is ignoring not only in this bill, but in all the bills that it has today. I have, for example, a long-standing Preventing Medicare Telefund Tele-Fraud Act. It would implement modest guardrails recommended by the nonpartisan Medical Medicare Payment Advisory Commission, or MedPak, to prevent the looting of Medicare through telehealth fraud schemes. This legislation would simply require an in-person visit within six months prior to ordering high-cost durable medical equipment or lab testing, as well as an audit of those outlier clinicians whose uh orders are so large that they're way out of bounds uh aft- with no telehealth appointment. The Government Accountability Office, the Health and Human Services Inspector General, and the Justice Department have exposed several fraudulent schemes, including durable medical equipment and lab testing. In one of these elaborate schemes, the Justice Department brought charges against seventy-eight providers for two and a half billion dollars of fraudulent telehealth orders for braces and other items. The fraudsters used these ransacked profits to purchase yachts, luxury vehicles, and jewelry. But this bill and the other bills before us do nothing about that. We don't have to accept billions of dollars of fraud, of theft of taxpayer funds as the price for maintaining telehealth or access to DME. Yet the chair has refused to take up this legislation and offers empty non-solutions like this. Uh, there are a number of other recommendations not included in my legislation, but which could be dealt with by the committee today. The Inspector General, the Acting Inspector General, after uh President Trump fired the previous Inspector General, Came out with a report in November for uh saving money on continuous glucose monitors. Came out with a report in October about saving five million dollars uh with regard to uh some other activities. In February of last year, recommended uh dealing uh with thirty-five million dollars concerned with urinary catheters. I think what we have seen today in uh this legislation, uh I I see actually one more here in Twenty twenty-three, the prior inspector general recommended uh some changes concerning wheelchair repairs to save thirty million dollars. Nothing being done about these matters, true anti-fraud measures needed. I think what we see today is that when Republicans talk about fraud, they uh they see an elephant in the room, a big elephant of fraud. But when it comes to action, to actually doing something about fraud, they see a mouse. And whenever they come up against a special interest that wants to defend one of these schemes, uh, they fall back. What we need is genuine anti-fraud efforts, uh, by this committee, by this administration to save taxpayers' money and to preserve the integrity of these vital programs to people across the United States but we're not getting that today. I yield back.

Rep. Smith (NE-3)3:35:34 – 3:36:21

Thank you. The committee will now proceed to consideration of HR eighty eight seventy one, the DME Scammer Prevention Act of two thousand twenty six. Without objection, the measure will be considered as read and open for amendment at any point. At this time, I offer an amendment in the nature of a substitute, which was distributed in advance, along with a green sheet explaining it. Without objection, the amendment in the nature of a substitute shall be considered as read, open for amendment at any point, and considered base text for purpose of amendment. We now turn to Patrick DeMauw, Health Subcommittee Staff Director, to provide a technical description of the amendment in the nature of a substitute, with an emphasis on the changes made since introduction. I ask that members hold their questions until after his presentation. Mr. DeMauw, please proceed.

Patrick Dumas (Witness)3:36:22 – 3:36:58

Thank you, Mr. Chairman, ranking member. H R eighty-eight seventy-one, the DME Scammer Prevention Act contains two sections. Section one provides for the short title of the bill. Section two amends section eighteen sixty-two of the Social Security Act to require electronic and expedited submission of Medicare claims for certain DME items, identified for risk of of fraud. The section also requires a report from the Compt- Comptroller General of the United States, examining the fraud prevention technologies used by Medicare administrative contractors. The amendment in the nature of a substitute amends

Rep. Doggett (TX-37)3:37:11 – 3:37:24

Thank you, Mr. Chairman. Uh, is it correct that, Thank you. uh, for the last decade there has been a requirement for the electronic filing of DME claims, uh, but there are some limited exceptions to it?

Patrick Dumas (Witness)3:37:26 – 3:37:35

all Medicare claims for all providers and suppliers uh are required to be done electronically except for a few sub- uh a few exceptions this legislation

Rep. Doggett (TX-37)3:37:33 – 3:37:36

Few exceptions, which you deal with some of those.

Patrick Dumas (Witness)3:37:35 – 3:37:39

removes those exceptions for some high cost items.

Rep. Doggett (TX-37)3:37:37 – 3:37:42

And one of those exceptions is for small DME suppliers with fewer than ten full-time employees.

Patrick Dumas (Witness)3:37:42 – 3:37:46

For small providers or suppliers overall.

Rep. Doggett (TX-37)3:37:46 – 3:37:59

And is it correct that uh I mean it's up to the level of the purity of ivory soap that uh all but a one-tenth of one percent, actually less than one-tenth of one percent of these claims already filed electronically.

Patrick Dumas (Witness)3:38:00 – 3:38:05

Uh, yes, which leaving over forty thousand claims still filed over paper each year.

Rep. Doggett (TX-37)3:38:05 – 3:38:27

Mostly from uh smaller providers and also from many rural providers that don't have access to uh electronic standards that still ma- may be left in the digital divide. Uh let me ask you about the ninety day requirement. Is it correct that about ninety-three percent of all of these DMA claims are already filed within ninety days?

Patrick Dumas (Witness)3:38:28 – 3:38:28

That's correct.

Rep. Doggett (TX-37)3:38:29 – 3:38:36

Uh, and is it was there something in particular about the other seven percent that you found uh needed attention?

Patrick Dumas (Witness)3:38:37 – 3:38:50

Uh, CMS has identified through its Crush Fraud initiative that um, certain bad actors can be spacing out claims over the current year-long window, and requiring expedited claims would help them better identify fraud.

Rep. Doggett (TX-37)3:38:50 – 3:38:56

Neither the Inspector General, the Acting Inspector General, MedPak, or anyone else recommended action on this, did they?

Patrick Dumas (Witness)3:38:57 – 3:39:00

I'm sure CMS is consulting with all those agencies during their recommendations.

Rep. Doggett (TX-37)3:39:01 – 3:39:25

OK. Um. As you know, CMS recently solicited feedback on whether they should adjust the ninety day period. Um, if they determined that it was appropriate to shorten the claims filing timeline based on Uh, do they have authority to do it under our existing law without this bill being passed?

Patrick Dumas (Witness)3:39:26 – 3:39:28

I do believe CMS has that authority.

Rep. Doggett (TX-37)3:39:29 – 3:39:49

So this bill really picks an arbitrary time line and puts it into a statute before CMS has even finished their review or gotten feedback from patients, providers, stakeholders, and the like. Uh, we'd be tying their hands and just have to come back and undo it if they chose to do something else. Um, thank you, and I yield back.

Rep. Smith (NE-3)3:39:50 – 3:39:58

Others with technical questions? Seeing none, we'll move to strike the last word, those wishing to strike the last word, Mister Beier.

Rep. Beyer (VA-8)3:39:59 – 3:41:11

Mister Chairman, thank you very much. Um, my concern with this bill is that it doesn't address much fraud and makes things more difficult for good actors. The statistics are uh eighty, three, submissions out of a hundred thousand are done right now um by fax. So it's a very, very small number. The secretary already has the authority to shorten the claims filing time line for providers and suppliers including durable medical equipment and CMS is already in the process of soliciting feedback on shortening the claims filing time line for certain high-risk items and services across fee-for-service Medicare, and they're currently evaluating the responses. I think it We all recognize it makes sense to have a timeline that makes business sense, and that's what CMS is currently doing, and they're involving the stakeholders, they're trying to come up with a reasonable timeline. So I don't think we should be short-changing the process. If CMS would decide on sixty days or a hundred or twenty days, we won't be able to change it because of this bill. I'd be happy to work with Mister Bean on a letter to expedite the process for a final outcome. And I just think we should be careful about rushing to over-legislate. I'm confident we can find a favorable outcome. And with that, I yield back.

Rep. Smith (NE-3)3:41:14 – 3:41:17

Other is wishing to strike the last word. Mister Schneider.

Rep. Schneider (IL-10)3:41:21 – 3:42:18

Thank you, Mister Chairman. I move to strike the last word. This legislation has one very important thing in common with what we're seeing at CMS. It is rushed. No feedback from stakeholders, no feedback from patient groups, no feedback from providers. When it comes to something as personal as durable medical equipment, DME, the utmost consideration needs to go into any decision made that impacts patients. Mister Chairman, I would like to submit a letter for the record from members of Congress which expresses concerns regarding the final rule published late last year that would include ostomy urological and tracheostomy supplies in the durable medical equipment prosthetics orthotics and supplies, or DMEPOS, competitive bidding program. It is a bipartisan letter with eight members of this committee, six Republicans and two Democrats uh as a part of it. This rule will negatively impact highly individualized

Rep. Smith (NE-3)3:42:18 – 3:42:19

Out of justice, ordered.

Rep. Schneider (IL-10)3:42:18 – 3:43:44

prosthetics which replace or restore critical bodily functions. The pr- the precise fit and clinical appropriateness of these products are literally matters of life and death for millions of Medicare beneficiaries. The DME competitive bidding program is designed to save taxpayer dollars and for Medicare to get the best deal possible. for medical supplies. This program is important and has a necessary role in the Medicare system. What sets ostomy, urological, and tracheostomy supplies apart is that these are not all one size fit, all devices. CMS should focus their efforts on growing the sector to give patients greater choices that match their own needs. Instead, CMS has begun a pre-bidding supplier awareness program with the next round of competitive bidding registration and bidding expected later this year. Hollister Incorporated, a manufacturer of medical products for ostomy, continence and critical care markets headquartered in my district, has been ringing the alarm bells of how this rule would greatly limit patient care and threaten the entire industry. It's my belief that CMS should delay implementation of this rule until the agency conducts proper due diligence and consults patients, doctors and suppliers of ostomy, urological and tracheostomy products before making such drastic changes to a very complicated payment system. Let's do more to fight fraud and to protect patients, and make sure they get the health care they deserve. Thank you and I yield back.

Rep. Smith (NE-3)3:43:46 – 3:43:57

Thank you. Others wishing to strike the last word? Mr. Breen is recognized to strike the last word.

Rep. Bean (FL-4)3:43:58 – 3:46:25

Uh, thank you very much, Mr. Chairman. I moved to strike the last word. Uh, I'm listening to, uh, debate on the other side, and there's some things that were said that were true. and things that are not true. It is true, the vast majority of providers, and I should have said that in my remarks, uh, our great vendors h- have a legitimate purpose. We rely on them to provide the valuable, uh, many instances lifesaving e- equipment, uh, and durable medical equipment to people who need it. So the vast majority, somebody said, " We don't even need the bill," because the vast majority already do this, and the vast majority already submit their claims electronically. The vast majority. majority submit it timely. But there is that little minority that ruin it for everything. It doesn't that s- the seem uh, that's just life. There's always somebody that ruins it for everybody. So there is a small uh window that's allowing tens of thousands of uh of bad guys and bad operators to bill us up to a year later via fax machine and uh surprise, that's where the the fraud lies. And we've heard that and uh so there's good guys and there's bad guys. Let's just let everybody be uh a good guy and submit their claims early via electronic uh uh m- methods. Now somebody just said this was rushed and we've had no input. Uh that is incorrect. This is this has been in effect for uh this this has been debated and worked on for quite some time and I personally have met with industry leaders that said it's very reasonable to submit claims. Thirty days, sixty days, but we've given them ninety days, so it's very reasonable. Uh, and to say this doesn't go far enough, you know what, uh anybody, anybody on uh wherever you're sitting, if you wanna team up, meet after class or after committee, and work on additional legislation for the legislation, beans all in. Let's do it. Because we can't do it enough, cuz every dollar that goes to a scammer is is is prevented to to going where it needs to go to help the most vulnerable, the needy citizen, to somebody that's relying on us to do the right thing to make sure that dollar goes where it is. So, uh, we still have a chance to all come together and say fraud ends today at the Ways and Means Committee hearing. So with that, jump on board and I yield back.

Rep. Smith (NE-3)3:46:26 – 3:46:28

Others wishing to strike the last word? Mr. Schweiker.

Rep. Schweikert (AZ-1)3:46:29 – 3:46:34

Thank you, Mr. Chairman. We'll do this really quickly. Uh, Mr. Bean, would you be willing to enter two?

Rep. Smith (NE-3)3:46:36 – 3:46:36

Mister Bean Yield.

Rep. Schweikert (AZ-1)3:46:37 – 3:47:40

Um, look, uh, uh, I actually look at this piece of legislation slightly different. Um, eh, matter of fact, here's something that just came across my newsfeed of HHS, um, starting to use a new AI data package to look for waste and fraud. OK, something as many of you know I have evangelized for many years. But you gotta have the data sort of in a common mechanism. So le let's pretend the folks that are faxing in those things aren't our bad actors, but you having a universal where it comes in electronically is a much more elegant way if you're gonna mine data. So uh uh uh, Mr. Bean, had you sorta considered that this i- i- i- whether these be small providers, fraudulent providers, honest providers, that just going to a way where data sets are sort of universally submitted electronically and therefore can be instantly mined to looking for waste and fraud is also a benefit of your piece of legislation.

Rep. Bean (FL-4)3:47:42 – 3:48:00

Uh, first of all, Representative Schweikart, thank you for reading the bill. You are spot on. And this gives uh, this gives uh, the the CMS the tools to indeed mine it, to make sure that this is a legit operator. Uh, that is not available on faxes that come in.

Rep. Schweikert (AZ-1)3:48:00 – 3:48:24

Well, as a um take it back um or or there's just an additional step where it has to be translated um read OCR those things so look Mister Chairman I yield back but there's no harm here in many ways there may be a real positive in being able to start using technology to look for bad actors yield back Mister Chairman.

Rep. Smith (NE-3)3:48:24 – 3:48:41

Gentleman yields back, others wishing to strike the last word. Seeing none Are there any any amendments to the amendment in the nature of a substitute? Mister Doggett?

Rep. Buchanan (FL-16)3:48:42 – 3:48:43

Mister Chairman, I reserve

Rep. Doggett (TX-37)3:48:42 – 3:48:42

Um

Rep. Buchanan (FL-16)3:48:44 – 3:48:44

my

Rep. Smith (NE-3)3:48:45 – 3:48:47

Point of order has been reserved. Mister Doggett, do you have an amendment?

Rep. Doggett (TX-37)3:48:48 – 3:48:51

I do. I believe it's being circulated. Uh, you can revise.

Rep. Smith (NE-3)3:48:50 – 3:48:53

You will suspend. We will circulate that before we proceed.

Rep. Doggett (TX-37)3:48:59 – 3:49:00

Thank you.

Rep. Kelly (PA-16)3:49:14 – 3:49:20

Good. Yeah.

Rep. Doggett (TX-37)3:49:20 – 3:49:21

What is he calling this, Bill?

Rep. Smith (NE-3)3:49:24 – 3:49:25

Mr. Dahlge, you may proceed for five minutes.

Rep. Doggett (TX-37)3:49:26 – 3:50:58

Thank you very much. Well, this amendment is designed to make this a a true anti-scammer piece of legislation. It's offered in the spirit of stopping scammers cold in their tracks, in the spirit of protecting the judicious use of the taxpayer dollars that fund the Medicare durable medical equipment benefit as well as the dollars that fund those that this legislation instructs, such as the Comptroller General, uh, with clamping down on DME scammers. The strength of our voluntary tax system depends on public confidence that everyone, especially the wealthy and the well-connected, are playing by the same rules as hard-working American families. My amendment would strengthen this bill by requiring this nation's number one scam artist President Donald J. Trump be stopped as well. It requires that the acting Attorney General, that would be the person he appointed who so recently was defending him in a criminal case, uh but now is at the Department of Justice with the giant banner of President Trump hanging outside, that he rescind the indefinite ban on audits of President Trump, his family and affiliated businesses, that was made part of the so-called settlement of the Donald Trump ten billion dollar lawsuit against his own administration. Let's be clear about what has just happened in recent hours. When he first ran for office ten years ago, Trump refused to make his tax returns public,

Rep. Smith (NE-3)3:50:58 – 3:50:58

Right.

Rep. Doggett (TX-37)3:50:58 – 3:51:31

as well as all r- even though all recent presidential candidates did that routinely. He claimed he could not do it because he was under audit. Eric Trump confirmed to the press two years ago that this audit remained active, and now, as the New York Times headline reads, with Trump's deal, a possible one hundred million dollar IRS penalty, melts away. And I offer that, Mr. Chairman, for the record. This deal is one of the most brazen acts of political corruption

Rep. Smith (NE-3)3:51:31 – 3:51:32

Objects disordered.

Rep. Doggett (TX-37)3:51:32 – 3:53:50

and self-dealing in American history. In Trump's own words, and I quote, "I'm supposed to work out a settlement with myself." End quote. Where did this deal come from? It all relates to uh his claim, his phony justification That is, tax returns were improperly leaked. They were leaked indeed by a government contractor during the time President Trump was the President of the United States in his first time. This is the same bit of tax information that I sought in a motion that I made before this committee in February of twenty seventeen uh asking uh for the committee to get access under proper tax law to review this information. I did so again in June of twenty seventeen, in November of twenty seventeen. There have been resolutions to obtain this information, but the Republican majority on the committee of course has defended the President and it to hide this information at every opportunity. In an extraordinary, almost unbelievable tactic to avoid any judicial review of Trump firing, uh settling uh a lawsuit that he filed against himself, At the last minute, the j- his criminal defense attorney, now acting attorney general, asked act to dismiss the settlement litigation. That was done just after the Democratic members of the Ways and Means Committee filed an amicus brief asking the court to take a careful look at this phony bit of legislation. And in return, Trump has been offered one point eight billion dollars in a giant political slush fund drawn on the treasury from your tax dollars. But that's only half of it, because buried in the separate document that they delayed releasing to the public, there is a statement in capital letters forever barred and precluded from pursuing any examination of Trump, his family, his sons, and hundreds of affiliated businesses from any kind of audit. Who knows how many additional returns that are now subject to that that have been filed in the last few days. This is not a settlement, it is a super pardon that is being granted,

Rep. Smith (NE-3)3:53:48 – 3:53:49

Okay.

Rep. Doggett (TX-37)3:53:50 – 3:54:32

combined with taxpayer-funded reward for wrongdoing. It is a presidential impunity, presidential immunity decree concerning the president's personal finance purchase with your tax dollars, perhaps an additional gift to him of one hundred million dollars. This amendment says, not on our watch. The rule of law is not for sale. No one in America, not the least powerful, nor the most powerful, man that's now sitting in the Oval Office, who thinks he's a king. He doesn't get a permanent pass from laws the rest of us live under. I urge my colleagues to support this amendment. Congress clearly needs to act after the fabricated way his lawyers

Rep. Smith (NE-3)3:54:31 – 3:54:32

Gentleman's time is expired.

Rep. Doggett (TX-37)3:54:33 – 3:54:36

have attempted to protect this from any judicial review and I yield back.

Rep. Smith (NE-3)3:54:36 – 3:54:37

Gentleman's time is expired. Mister Buchanan.

Rep. Buchanan (FL-16)3:54:38 – 3:54:59

Yeah, Mister Chairman, I make a point of order against the amendment. Mister Chairman, the amendment is not germane to the underlying resolution. An amendment is not germane if it is made effectively of a bill contingent on unrelying uh events and terminations. Therefore, the amendment is not germane, I urge the chair to s- uh sustain the mo- the point of order.

Rep. Doggett (TX-37)3:54:59 – 3:54:59

Mr. Chairman.

Rep. Smith (NE-3)3:55:00 – 3:55:03

The the chair does rule that the amendment is not germane.

Rep. Doggett (TX-37)3:55:03 – 3:55:05

Oh, I can be heard on on your meeting.

Rep. Smith (NE-3)3:55:05 – 3:55:09

The gentleman uh uh may be heard on uh his insistence on the point of order.

Rep. Doggett (TX-37)3:55:10 – 3:56:13

Mr. Chairman, uh this bill is prud- This bill is presented as an anti-scam effort. I can't think of a bigger example of scamming than what President Trump is doing, uh, by suing himself, uh, and protecting himself from audits that could cost him a hundred million dollars. This committee has done so much to protect him at every opportunity through his first term of office, and now in this term of office, not only to allow the handing out of taxpayer money to those who have engaged in attempting to overthrow the government, who have terrorized police officers here on the Capitol grounds, but to protect himself from any audit in the future of any kind for himself, his family, his sons. Uh, scamming is a big problem. This is a big problem that the president has created in an amazing way. And this is an opportunity for the committee to act on it. I would urge you to permit a vote on the merits of the amendment. I yield back.

Rep. Smith (NE-3)3:56:14 – 3:56:25

The chair would like to re- remind members of the house rules of decorum and ask all those present to refrain from engaging in personalities. I am prepared to rule the amendment is not germane and the point of order is sustained.

Rep. Doggett (TX-37)3:56:26 – 3:56:27

Mister Chairman.

Rep. Smith (NE-3)3:56:26 – 3:56:27

The amendment is not in order.

Rep. Doggett (TX-37)3:56:28 – 3:56:30

On that I would uh appeal the ruling of the chair.

Rep. Smith (NE-3)3:56:32 – 3:56:34

The member is used to appeal the ruling of the chair.

Clerk3:56:32 – 3:56:35

Mister Chairman, I I I move to table.

Rep. Smith (NE-3)3:56:35 – 3:56:39

There is a motion to table. Clerk, call the roll.

Clerk3:56:42 – 3:56:43

Mr. Buchanan.

Rep. Buchanan (FL-16)3:56:43 – 3:56:44

Y- yes.

Clerk3:56:45 – 3:56:49

Mr. Buchanan, yes. Mr. Smith of Nebraska, yes.

Rep. Smith (NE-3)3:56:48 – 3:56:49

Yes.

Clerk3:56:49 – 3:57:29

Mr. Smith of Nebraska, yes. Mr. Kelly. Mr. Kelly, yes. Mr. Schweikert. Mr. Schweikert, yes. Mr. LaHood. Mr. LaHood, yes. Mister Errington. Mister Estes. Mister Estes, yes. Mister Smucker. Mister Smucker, yes. Mister Hearn. Mister Hearn, yes. Mrs. Miller. Doctor Murphy.

Rep. Buchanan (FL-16)3:57:29 – 3:57:29

Yep.

Clerk3:57:31 – 3:58:09

Doctor Murphy, yes. Mister Kustof. Mister Kustof, yes. Mister Fitzpatrick. Mister Fitzpatrick, yes. Mister Stubbe. Mister Stubbe, yes. Mister Tenney. Misses Fischbach. Misses Fischbach, yes. Mister Moore. Miss Van Duyn. Miss Van Duyn, yes. Mister Feenstra. Mister Feenstra, yes. Mister Malliotakis. Mister Kerry.

Unknown3:58:09 – 3:58:09

Yes.

Clerk3:58:10 – 3:58:13

Mister Kerry, yes. Mister Yacoum.

Unknown3:58:13 – 3:58:13

Yes.

Clerk3:58:13 – 3:58:16

Mister Yacoum, yes. Mister Miller.

Unknown3:58:21 – 3:58:21

Yes.

Clerk3:58:21 – 3:58:24

Mister Miller, yes. Mister Bean.

Unknown3:58:24 – 3:58:25

Yes.

Clerk3:58:25 – 3:58:28

Mister Bean, yes. Mister Moran.

Rep. Buchanan (FL-16)3:58:28 – 3:58:28

Yes.

Clerk3:58:28 – 3:58:37

Mister Moran, yes. Mister Neal. Mr. Doggett.

Rep. Buchanan (FL-16)3:58:36 – 3:58:36

No.

Clerk3:58:38 – 3:58:40

Mr. Doggett, no. Mr. Thompson.

Rep. Buchanan (FL-16)3:58:41 – 3:58:41

No.

Clerk3:58:42 – 3:58:44

Mr. Thompson, no. Mr. Larson.

Rep. Buchanan (FL-16)3:58:45 – 3:58:45

No.

Clerk3:58:46 – 3:58:49

Mr. Larson, no. Mr. Davis.

Rep. Buchanan (FL-16)3:58:49 – 3:58:49

No.

Clerk3:58:49 – 3:58:52

Mr. Davis, no. Miss Sanchez.

Rep. Buchanan (FL-16)3:58:52 – 3:58:52

No.

Clerk3:58:52 – 3:58:55

Miss Sanchez, no. Miss Sewell.

Rep. Buchanan (FL-16)3:58:59 – 3:58:59

No. No.

Clerk3:59:00 – 3:59:01

Miss Sewell, no.

Rep. Buchanan (FL-16)3:59:00 – 3:59:00

No.

Clerk3:59:02 – 3:59:33

Miss DelBene. Miss Del Bene, no. Miss Chu. Miss Del. Miss Del. Miss Del. Miss Del. Miss Del. Miss Del. Miss Del. Miss Del. Miss Del. No. Miss Chu, no. Miss Moore. Miss Moore, no. Mister Boyle. Mister Boyle, no. Mister Buyer. Mister Buyer, no. Mister Evans. Mister Evans, no. Mister Schneider. Mister Schneider, no. Mister Panetta. Mister Panetta, no. Mister Gomez. Mr. Gomez, no. Mr. Horsford.

Rep. Smith (NE-3)3:59:34 – 3:59:34

No.

Clerk3:59:34 – 3:59:37

Mr. Horsford, no. Miss Plaskett.

Rep. Smith (NE-3)3:59:37 – 3:59:37

No.

Clerk3:59:38 – 3:59:40

Miss Plaskett, no. Mr. Swazi.

Rep. Smith (NE-3)3:59:41 – 3:59:41

No.

Clerk3:59:42 – 3:59:47

Mr. Swazi, no. Mr. Arrington.

Rep. Smith (NE-3)3:59:47 – 3:59:48

Yes.

Clerk3:59:48 – 4:00:00

Mr. Arrington, yes. Mrs. Miller. Miss Tenney. Miss Tenney, yes. Mr. Moore.

Rep. Smith (NE-3)4:00:00 – 4:00:01

Yes.

Clerk4:00:01 – 4:00:05

Mr. Moore, yes. Miss Malia Tauches.

Rep. Smith (NE-3)4:00:05 – 4:00:05

Yes.

Clerk4:00:06 – 4:00:24

Miss Malia Tauches, yes. Mister Neal. Mister Neal, no. Chairman Smith. Chairman Smith, yes.

Rep. Smith (NE-3)4:00:42 – 4:00:42

Clerk report.

Clerk4:00:44 – 4:00:46

Mister Chairman, the yeses are twenty-five and the noes are nineteen.

Rep. Smith (NE-3)4:00:47 – 4:01:11

The yeses being twenty-five, the noes being nineteen. The uh motion is adopted and the uh motion to appeal has been tabled. Are there under other amendments proposed? No other amendments proposed? Question is now on the adoption of the amendment in the nature of a substitute. All those in favor signify by saying aye.

Unknown4:01:11 – 4:01:12

Aye.

Rep. Smith (NE-3)4:01:12 – 4:01:21

Those opposed, no. In the opinion of the chair, the ayes have it, and the amendment in the nature of a substitute is agreed to. I will now recognize Mister Buchanan for the purpose of offering a motion.

Rep. Buchanan (FL-16)4:01:22 – 4:01:28

Mister Chairman, I move the committee favorably report H R eighty eight seventy one as amended to the House of Representatives.

Rep. Smith (NE-3)4:01:29 – 4:01:35

The question is on the motion to favorably report H R eighty-eight seventy-one as amended to the House of Representatives. Clerk, call the roll.

Clerk4:01:36 – 4:01:37

Mr. Buchanan.

Rep. Buchanan (FL-16)4:01:37 – 4:01:37

Yes.

Clerk4:01:38 – 4:01:41

Mr. Buchanan, yes. Mr. Smith of Nebraska.

Rep. Buchanan (FL-16)4:01:41 – 4:01:42

Yes.

Clerk4:01:42 – 4:01:56

Mr. Smith of Nebraska, yes. Mr. Kelly. Mr. Kelly, yes. Mr. Schweikert. Mr. Schweikert, yes. Mr. LaHood. Mister Errington.

Rep. Smith (NE-3)4:01:57 – 4:01:57

Yes.

Clerk4:01:58 – 4:02:13

Mister Errington, yes. Mister Estes. Mister Estes, yes. Mister Smucker. Mister Smucker, yes. Mister Hearn. Mister Hearn, yes. Mrs. Miller. Doctor Murphy.

Rep. Smith (NE-3)4:02:13 – 4:02:14

Yeah.

Clerk4:02:14 – 4:02:24

Doctor Murphy, yes. Mister Kustof. Mister Kustof, yes. Mister Fitzpatrick. Mister Fitzpatrick, yes. Mister Stubbe.

Rep. Smith (NE-3)4:02:24 – 4:02:24

Yes.

Clerk4:02:25 – 4:02:27

Mister Stubbe, yes. Mister Tenney.

Unknown4:02:27 – 4:02:27

Yes.

Clerk4:02:28 – 4:02:30

Mister Tenney, yes. Mister Fischbach.

Unknown4:02:31 – 4:02:31

Yes.

Clerk4:02:31 – 4:02:49

Mister Fischbach, yes. Mister Mohr. Mister van Duijn. Mister van Duijn, yes. Mister Feenstra. Mister Feenstra, yes. Mister Malitakis. Mister Malitakis, yes. Mister Carey.

Unknown4:02:49 – 4:02:49

Yes.

Clerk4:02:49 – 4:02:52

Mister Carey, yes. Mr. Yackem.

Unknown4:02:52 – 4:02:52

Yes.

Clerk4:02:52 – 4:02:54

Mr. Yackem, yes.

Unknown4:02:52 – 4:02:53

Yes.

Clerk4:02:54 – 4:02:55

Mr. Miller.

Unknown4:02:55 – 4:02:55

Yes.

Clerk4:02:56 – 4:02:58

Mr. Miller, yes. Mr. Bean.

Unknown4:02:58 – 4:02:59

Yes.

Clerk4:02:59 – 4:03:01

Mr. Bean, yes. Mr. Moran.

Unknown4:03:01 – 4:03:02

Yes.

Clerk4:03:02 – 4:03:19

Mr. Moran, yes. Mr. Neal. Mr. Neal, no. Mr. Doggett. Mr. Thompson. Mr. Thompson, no. Mr. Larson. Mr. Larson, no. Mr. Davis.

Unknown4:03:17 – 4:03:17

No.

Clerk4:03:20 – 4:03:23

Mr. Davis, no. Miss Sanchez.

Unknown4:03:21 – 4:03:21

No.

Clerk4:03:23 – 4:03:39

No. Miss Sanchez, no. Miss Sewell. No. No. Miss Sewell, no. Miss DelBene. No. Miss DelBene, no. Miss Chu. No. Miss Chu, no. Miss Moore. No. No. Miss Moore, no. Mr. Boyle. No.

Unknown4:03:39 – 4:03:39

No.

Clerk4:03:39 – 4:03:53

Mr. Boyle, no. Mr. Buyer. No. Mr. Buyer, no. Mr. Evans. No. Mr. Evans, no. Mr. Schneider. Mister Schneider, no. Mister Panetta. Mister Panetta, no. Mister Gomez.

Unknown4:03:54 – 4:03:54

No.

Clerk4:03:55 – 4:04:01

Mister Gomez, no. Mister Horsford. Mister Horsford, no. Miss Plaskett.

Unknown4:04:02 – 4:04:02

No.

Clerk4:04:03 – 4:04:06

Miss Plaskett, no. Mister Swasey.

Unknown4:04:06 – 4:04:06

No.

Rep. Smith (MO-8)4:04:06 – 4:04:06

No.

Clerk4:04:07 – 4:04:13

Mister Swasey, no. Mister LaHood.

Unknown4:04:14 – 4:04:14

Yes.

Clerk4:04:15 – 4:04:22

Mister LaHood, yes. Mrs. Miller. Miss, Mister Moore.

Rep. Smith (MO-8)4:04:23 – 4:04:24

Yes.

Clerk4:04:24 – 4:04:40

Mister Moore, yes. Mister Doggett. Mister Doggett, no. Chairman Smith. Chairman Smith, yes.

Rep. Smith (MO-8)4:04:52 – 4:04:53

The clerk will report the vote.

Clerk4:04:54 – 4:04:57

Mister Chairman, the yeses are twenty-five and the noes are nineteen.

Rep. Smith (MO-8)4:04:57 – 4:07:49

There being twenty-five yeses and nineteen noes, the motion is agreed to and H R eighty-eight seventy-one is amended, is ordered favorably to the to the house. Without objection, I ask that staff be authorized to make technical and conforming changes to H R eighty-eight seventy-one and that members have two additional days to file with the committee clerk supplemental additional dissenting or minority views. Our next order of business is H R eighty-eight eighty-four, the removing barriers to work for Disabled Americans Act, introduced by Representative Austin Scott, which empowers Americans with disabilities who want to work. Representative Scott has been an outspoken champion for giving Purple Heart recipients the ability to come back to work without being unfairly penalized. This issue was first brought to Representative Scott's attention by a veteran in his district who wanted to work but found out that our disability system creates barriers to employment for individuals with disabilities. This veteran is not alone. Last September, at a joint hearing of the Ways and Means, Social Security and Work and Welfare subcommittees, members heard from people with disabilities who were frustrated with the bureaucratic rules that make it harder for them to work. We heard that roughly sixty percent of disability beneficiaries want to work, but fewer than one percent leave the program each year because they entered or re-entered the workforce. Sean Tyree, disability disability advocate from Kansas, told this committee that without the purpose of a job, he would have graduated to the couch. Washington Red Tape should not stand in the way of Americans who seek the same dignity, independence, and purpose that Sean found through his work. One witness, a professional who helps beneficiaries navigate the return to work process, testified that the rules are so complex and confusing that she has to use Excel spreadsheets just to calculate the changes to benefits. This bill cuts through the red tape by restoring the Social Security Administration's authority, to run voluntarily pilot programs to test common sense policies that reward work, instead of punishing it. I repeat, participating in a demonstration program under this authority is entirely voluntary. And this bill ensures no individual who participates will see a reduction in their income as a result of trying to better their lives. People who want to work shouldn't be punished for trying. And this reform will help ensure the system supports people who want to pursue work opportunities. I urge my colleagues to support this important bill, and I thank Representative Scott for his leadership. I now recognize the ranking member.

Rep. Neal (MA-1)4:07:49 – 4:07:53

Thank you, Mr. Chairman. Let me yield my time to the gentleman from Connecticut, Mr. Larson.

Rep. Larson (CT-1)4:07:54 – 4:10:06

Thank you, Mr. Neal and, um, uh, Mr. Chairman, uh. Well, here we, here we are again. And, uh, when we talk about elephants in a room, this is like having a Tyrannosaurus rex in the room. Uh, we're here talking about disability benefits in social security. We have yet to take up anything on social security in this committee that will directly benefit the people that we're sworn to serve in every single one of our districts. This is neither Democrat or Republican. It's about the American people. And however well intended the notions may be with this bill, and I do believe that my colleagues on the other side are both well-intended and good people, but it's not an excuse for not facing the reality that the Social Security Trust Fund will soon report again, with ten thousand baby boomers a day becoming eligible, that Congress stands idle and does nothing to help these people. Everyone bemoans the fact of the global economy that we're in and what's happening to people. in this economy. And here we stand, the body that can do something about it, to the people who are impacted the most. And those people are people on fixed incomes. For the record, Mister Smith, I have a a ways and means list of uh of all the members of the committee and the Republican committees, all the social security data, and I'd like to submit this, uh, for the record.

Rep. Smith (MO-8)4:10:06 – 4:10:07

Without objection.

Rep. Larson (CT-1)4:10:08 – 4:12:54

Thank you. And as an example, I wanted, uh, no personal thing here, Mister Chairman, as the Chairman of the committee, I wanted to represent these. I send these out to every member of Congress. This one needs to be updated because in Missouri actually social security benefits have, uh, grown. There are no longer a hundred and eighty-nine thousand recipients. There are two hundred and four thousand. And it no longer has two hundred and eighty coming in in monthly benefits. It's three hundred and forty-seven million dollars that's coming in. Congress has still done nothing about this. You're asking us to deal with an amendment here that is minuscule and does nothing to address this problem. Thirty thousand. Thirty thousand disability people with disabilities die waiting to get their benefits annually. Thirty thousand die annually waiting to get their benefits, and this is the best the Ways and Means Committee can do? Come on. You're better than that. All of us, America deserves better than this. This amendment is nothing. But another way to say, oh, we're working on this and trying to do something about social security disability, when thirty thousand people are gonna die? You're better people than that. This is why this n- issue needs to be addressed and needs to be taken up Now, not only are ten thousand baby boomers a day become eligible, but for forty million Americans, this is the only benefit that they have. And yet this committee, the committee of cognizance, the committee that can do this and deliver for the American people, all people, not Democrats, Republicans, or unaffiliates, but all the people who have contributed to the nation's number one anti-poverty program for the L. and for children and the disability that more veterans rely on, and were turned away, and this is all we have to offer in this committee? You're good people. You know that this is wrong. You know that we have to address this issue. This amendment doesn't do that, and I urgent a no vote.

Rep. Smith (MO-8)4:12:55 – 4:13:36

Thank you. The committee will now proceed to consideration of H R eighty eight eighty four, the removing barriers to work for disabled Americans Act. Without objection, the measure will be considered as read and open for amendment at any point. At this time, I offer an amendment in the nature of a substitute, which was distributed in advance along with a green sheet explaining out explaining it. Without objection, the amendment in the nature of a substitute shall be considered as read, open for amendment at any point, and considered base text for the purpose of amendment. I will now turn to Ben Ritter, Tax and Social Security Policy Advisor, to provide a technical description of the amendment in the nature of a substitute, with an emphasis on the changes made since introduction. I ask that members hold their questions until after his presentation.

Ben Ritter4:13:37 – 4:15:31

Chairman Smith, Ranking Member Neal, and members of the committee. As introduced by Representative Scott of Georgia, H. R. eighty-eight eighty-four would reauthorize the Social Security Administration's ability to conduct demonstration projects designed to promote attachment to the labor force under section two thirty-four of the social security act for a period of five five years effective january one, twenty twenty seven. Under current law, the SSA has permanent authority to conduct demonstration projects in the supplemental security income program. However, the SSA's demonstration authority in the disability insurance program under title two expired on december thirty-one, twenty twenty-two. As hr eighty-eight eighty-four hr eighty-eight Eighty-four would temporarily allow the SSA to waive program rules, including the treatment of work activity and benefit administration, in order to test and evaluate the advantages and disadvantages of alternative policies. Under reauthorized authority, an individual's participation in a demonstration must be voluntary, and the commissioner of social security must obtain the individual's informed written consent, which such individual may also revoke at any time. HR eighty-eight eighty-four would also bar the SSA from conducting a demonstration project. that would reduce a part- participant's total income. And the SSA would - would be required to notify Congress at least one hundred and twenty days prior to implementing any project which must include the SSA's objectives, projected costs, and evaluation metrics. The bill further clarifies that the administrative expenses incurred for demonstrations be borne by the SSA's administrative funding and associated benefit payments be borne by the trust fund. As described in the green sheet distributed yesterday, the chairman's amendment in the nature of a substitute makes a techni- makes technical and clerical corrections to the bill as introduced. Thank you, Mister Chairman, Ranking Member Neal, and members of the committee. This concludes my walkthrough and I welcome any questions related to the technical nature of the amendment in the nature of a substitute.

Rep. Smith (MO-8)4:15:31 – 4:15:36

Thank you. Are there any technical questions about the amendment in the nature of a substitute? Mister Larson.

Rep. Larson (CT-1)4:15:37 – 4:16:35

Uh, thank you, uh, Mister Chairman. Uh. Uh, I'm deeply concerned that we don't know how the Trump administration would use this, uh, authority to conduct experiments of disabled uh beneficiaries. In fact, uh President Trump uh proposed using Social Security Demonstration Authority to make massive benefit cuts of fifty billion over ten years. It's my understanding that in the past Congress has known what kinds of demonstration projects that SSA would conduct before we have renewed the agent's ability to run these experiments. My first question is, has the Trump administration given you a list of experiments the Social Security Administration will conduct if this bill becomes law?

Ben Ritter4:16:37 – 4:16:40

Thank you for the question. I'm not aware of any such lists.

Rep. Larson (CT-1)4:16:39 – 4:17:20

So they haven't given anything. They're just saying Trust me. Well, as Peter Finley Dunn would say, trust everyone but cut the cards. And we need a re-shuffle and a new deal here, a real new deal that actually takes up social security and fixes the problem that we all know has to be done. My second question, does this bill guarantee that if social security, disability, insurance, beneficiary participates in a demonstration experiment, their benefits cannot be reduced below what they get under the current law.

Ben Ritter4:17:21 – 4:17:35

The chairman's amendment stipulates that uh the Social Security Commissioner cannot conduct a demonstration that would reduce uh participants' total income, um and participation in any demonstration is voluntary and

Rep. Larson (CT-1)4:17:36 – 4:17:37

So it's

Ben Ritter4:17:36 – 4:17:38

they can revoke their participation at any point.

Rep. Larson (CT-1)4:17:37 – 4:17:44

it's it's voluntary, but uh their benefits cannot be reduced if they participate?

Ben Ritter4:17:44 – 4:17:49

They, the amendment stipulates that it, the participant's total income cannot be reduced.

Rep. Larson (CT-1)4:17:50 – 4:17:51

I'm sorry, could you repeat that?

Ben Ritter4:17:51 – 4:17:56

Stipulates that the participant in the demonstration, their total income cannot be reduced.

Rep. Larson (CT-1)4:17:59 – 4:18:02

Oh, that's their income but not their benefits.

Ben Ritter4:18:04 – 4:18:06

Correct. They, the, the amendment

Rep. Larson (CT-1)4:18:04 – 4:18:07

Right, so their benefits could be reduced.

Ben Ritter4:18:07 – 4:18:10

and participation is voluntary and they can revoke their

Rep. Larson (CT-1)4:18:09 – 4:18:12

And it's, it's voluntary, the commission.

Ben Ritter4:18:11 – 4:18:11

Correct.

Rep. Larson (CT-1)4:18:12 – 4:20:14

Well, thank you again. I think it, uh, uh, kind of it's pretty clear here what's going on, and this is just a repeat of the past of what we've seen. And from an administration that says to us, and take a look at the statistics in your own district. Take a look at what's going on with disability, but not only disability. What's happening with social security? In all of our districts, all four hundred and thirty-five congressional districts are impacted by this. The Social Security Trust Fund is gonna come out again in several week couple of weeks and again explain what's happening now to social security simply because of congressional inaction. And we are the committee of cognizance, charged with that responsibility, and we're talking about a bill today that we're saying, yeah, let's give Donald Trump the ability to run demonstrations where previously he already demonstrated what he will do is cut benefits from people. So if that's what you're for, then by all means, vote for it. But let's be clear about what's going on here. We're not working to solve a problem. We're not looking to address disability. What we're doing here is providing an opportunity for this administration to yet cut again as it has already the seven million people that it's laid off from social security, and the regional offices that it has closed, while ten thousand baby boomers a day become eligible. I yield back.

Rep. Smith (MO-8)4:20:16 – 4:20:19

Are there additional technical questions? Mister Estes.

Rep. Estes (KS-4)4:20:20 – 4:20:32

Thank you, Mr. Chairman. Let me see if I can clarify a couple of things in terms of questions. Are you gonna help clarify that? So basically this demonstration Project Authority was in effect invalid up until twenty twenty-two, right?

Ben Ritter4:20:33 – 4:20:36

That's that's correct. That's when the the authority last expired.

Rep. Estes (KS-4)4:20:36 – 4:20:47

And so what this bill would do is it would it would reinstate that ability to have uh these pilot projects running up until uh twenty thirty-one

Ben Ritter4:20:47 – 4:21:10

That that's correct, it would re- reauthorize the SSA's demonstration authority for a period of five years, um including additional uh inclu- including additional requirements uh which I've I've stated, uh barring the commissioner from uh implementing a demonstration that would reduce a total income that that was not part of prior authorizations.

Rep. Estes (KS-4)4:21:10 – 4:21:27

Yep. And, okay, so a a couple other things, just I think you said this maybe in your s- remarks, but this is completely totally voluntary for somebody who who is receiving disability uh to participate in a in one of these uh pilot projects that might be uh started.

Ben Ritter4:21:27 – 4:21:40

That's correct. The participation on behalf of our the beneficiaries is voluntary, they must provide uh informed written consent uh before participating, and the individual may revoke that consent at any point.

Rep. Estes (KS-4)4:21:40 – 4:21:52

And and so, uh, I think the other thing you mentioned was that they would not have any cut in any, a total income level to to somebody who participated in in one of these programs.

Ben Ritter4:21:52 – 4:21:52

That's correct.

Rep. Estes (KS-4)4:21:53 – 4:22:00

So, in in effect, it's an opportunity for a participant to actually increase their income or to see better outcomes for themselves.

Ben Ritter4:22:01 – 4:22:02

That that's correct, sir.

Rep. Estes (KS-4)4:22:02 – 4:22:03

All right. Thank you. I yield back.

Rep. Smith (MO-8)4:22:05 – 4:22:05

Miss Moore.

Rep. Moore (WI-4)4:22:11 – 4:22:23

Thank you. So this only affects the SSDI program, is that correct? It would not affect people who are on the SSI or the Kay Beckett program?

Ben Ritter4:22:23 – 4:22:34

This only uh the amendment only reauthorizes demonstration authority under title two uh section uh two thirty-four for yes social security disability insurance, not not SSI.

Rep. Smith (MO-8)4:22:34 – 4:22:48

Thank you. Are there additional technical questions about the amendment and the nature of a substitute? Seeing none, we will move to strike the last word. Does anyone wish to strike the last word? Mister Davis.

Rep. Moore (WI-4)4:22:48 – 4:22:49

Danny. Danny, you're the mayor.

Rep. Davis (IL-7)4:22:52 – 4:23:34

Thank you, Mister Chairman. You know, the poet Maya Angelou noted for having said that When someone show you who they are, believe them the first time. Mr. Chairman, I oppose HR eighty-eight eighty-four because it undoubtedly would give the Trump administration widespread authority to cut the earned benefits, the earned benefits of workers who qualify for the Social Security Disability Insurance Programme, or SSDI.

Rep. Smith (MO-8)4:23:34 – 4:23:34

Right.

Rep. Davis (IL-7)4:23:35 – 4:27:22

The first Trump administration repeatedly proposed massive cuts to social security disability benefit. His plans included stripping away benefits from older, severely disabled workers by making it harder to qualify for benefits, throwing disabled people off benefits, off benefits, disabled people, older people, people having difficulty, subjecting them to more frequent continuing disability refuse, just to name a few of the issues and problems. Alarmingly, President Trump's budget proposed using ssa's demonstration authorities slash disability benefits by approximately fifty billion dollars over a ten year period so let me say it again the first trump administration wanted disability demonstration authority to slash fifty billion dollars of earned benefit Just last year the Trump administration proposed a rule, a rule that would exact deep cuts to SSDI, particularly for older workers. SSDI provides essential benefits to workers who cannot support themselves due to severe and long-lasting disabilities that hurt their ability to work. Now my Republican colleagues want to grant the Trump administration the very demonstration authority to gut SSDI that Trump has been begging for. And just to further exca- excavate the Trump-created customer service crisis at SSA, this Republican bill would strip millions from SSA's operating funds to pay for it. So let's not be fooled by the bill's hollow protections of not reducing an individual's income. This deceptive phrasing totally would allow benefit cuts, likely by forcing disabled workers to continue working and failing to give protections to new SSDI applicants. Trump administration has repeatedly demonstrated its willingness to harm the elderly, the disabled, and the poor. Rather than standing up for social security beneficiaries, the Republicans in the committee are advancing a bill to limit the earned benefits of workers with severe disabilities. while allowing the Trump administration, Trump and his billionaire buddies to get wealthier at taxpayers' expense, I say no to this bill and urge my colleagues to reject this harmful, harmful bill that severely restricts to most disabled people and I yield back.

Rep. Smith (MO-8)4:27:23 – 4:27:25

Additional members wish to strike the last word. Mister Kerry.

Rep. Carey (OH-15)4:27:29 – 4:32:04

Mister Chairman, I move to strike the last word. Um, thank you for bringing this legislation before the committee today and I appreciate my colleagues talking about some of the history, but uh also I am a firm believer when you attempt to rewrite history, you must first understand it. And let's talk about this bill. Social Security Administration Authority is overdue for the r- for reauthorization, and as that is exactly which H. R. eighty-eight eighty-four, the Removing Barriers for Work for Disabled Americans Act, actually does. This should be a bipartisan exercise. We all know that social security insolvency looms around the corner, much like the Sword of Damocles. Depending upon who you ask, That could be sometime between twenty, twenty, twenty-thirty-two and twenty-thirty-four. Preserving social security for both current and future generations requires broad bipartisanship and support. The Demonstration Authority allows the Social Security Administration to trial new benefit structures to improve services for beneficiaries. The proposed reauthorization we are debating on today does not leave beneficiaries worse off. Pilot programs, which we all support in certain forms of various projects, are designed to be tested safely. Now, if you have concerns that the administration will propose cutting benefits, this bill holds three separate checks to prevent this from happening. First, beneficiaries must opt in to pilots to participate in them. And they also retain the opt-out at any point in time. This is a continuation of policies in previous demonstration's authority. Second, the bill modifies the funding mechanism structure, it to allow congressional oversight. If we do not like the pilot program, we retain, as Congress, the ability to withhold funding for the administration costs of operating the demonstration through the appropriations process. And third, the bill explicitly decrees that the total income of an individual will not will not be reduced due to the individual's participation in an experiment or a demonstration project. That's what the bill says. I hear my colleagues, when you express your concerns, income and benefits are two very different terms, but I would like to remind everyone of the intent of the Social Security Disability Insurance. The program replaces a portion of lost income for workers who become severely disabled. and become unable to continue working before they reach full retirement, the benefit portion of lost income. Americans with disabilities should not be resigned to never working again because of how the program was designed. The current benefit structure makes every attempt to return people to work. Many beneficiaries are confused about whether they will lose their benefits, including Medicare coverage, if they earn too much. The risk of losing these benefits is serious and the consequences are severe. Reauthorizing SSA's demonstration authority allows the agency to explore ways to improve the incentive structure for people with disabilities that encourages them to pursue a return to work without leaving them worse off. Everyone with a disability should retain the opportunity to work. SSDI beneficiaries should not face even more hurdles to return to work simply because they are receiving earned benefits from their past work history. That is what the bill does. That is why I am speaking in support of it. And that, Mister Chairman, is the point I will yield back.

Rep. Smith (MO-8)4:32:05 – 4:32:05

Mister Larson.

Rep. Larson (CT-1)4:32:07 – 4:36:56

Uh, thank you, uh, Mister Chairman. I want to associate myself with the remarks of my colleague, uh, Mister Davis as well. You know, just last year the Trump administration wanted to enact one of the biggest disability, uh, benefit cuts to the disability benefits ever by removing age as a factor of assessing disability claims. This change could have resulted in hundreds of thousands of older, severely disabled people losing their benefits. But after several spoke up on this side, they backed away. The Trump administration has also made backdoor benefit cuts, allowing Doge to take a wrecking ball to the Social Security Administration. The Trump administration has cut more than seven thousand staff while Social Security deals with customer service crisis at a record number of beneficiaries. As I've stated over and over again, ten thousand baby boomers a day become eligible for Social Security. The bottom line is what's happening here is they just wanna justify kicking people off their benefits so they can go after the money in the Social Security trust funds. They want to privatize the system to sell it off to Wall Street. Why do I say this? Well, I say it because they admitted themselves. The Republicans from the Trump Treasury Sec- from Trump Secretary Scott Besson to Ted Cruz have called the so-called Trump accounts in the so-called Big Beautiful Bill a back door to privatize social security. And that's exactly what it is. Doge has been ransacking the agency for its valuable data on the American people. Republicans on this committee have stood by and aloud and said, " No, that's okay." It's all right for them to go and look at everyone's personal data and derive from it what they can. We haven't had one witness come before this committee. And you're asking us to trump the, to trust the Trump administration? With dealing with these? We have a whistleblower allegation that former Doge staffer was bragging about copying the agency data uh to a thumb drive for personal profit in use in the private sector. Where is that person before our committee? Where's the call and the outrage that they should come before the social security subcommittee, and here before this committee to discuss what's going on with Doge. Why has this majority not spoken out against these proposed social security cuts? How is this majority not holding hearings on bombshell whistleblower adj- allegations and court filings? You've gotta care about your own constituents as much as we do. Why are they not marking up a bill to kick Doge out of SSA and increase penalties for violation of data privacy laws? If they really cared about disability beneficiaries, they would also be marking up legislation would that would comprehensively address social security, which is exactly what is needed and hasn't taken place in more than fifty-four years. This is what will be the agenda of this committee when the Democrats are in charge. Instead, we are here today to mark up a vote on a bill to give the administration even more flexibility in how they treat disability beneficiaries. This bill fails to add sufficient guardrails to address these concerns and I will have an amendment to do so. I'm sorry, but in good conscience, I can't vote for this bill, even though I believe the intentions of the individuals that are sponsoring it are good. But I think they know as well as I do what the big problem's here. We have a three alarm fire going on with our constituents to address social security, and the road to hell is paved with good intentions. Are you back?

Rep. Smith (MO-8)4:36:56 – 4:37:07

Are th- are there additional members that wish to strike the last word? Seeing none, we will move to amendments. Um, are there any amendments to the amendment in the nature of a substitute?

Rep. Larson (CT-1)4:37:08 – 4:37:08

Yes. Aye.

Rep. Smith (MO-8)4:37:08 – 4:37:10

Miss, Mister Larson.

Rep. Buchanan (FL-16)4:37:11 – 4:37:13

Mister Chairman, I reserve a point of order.

Rep. Smith (MO-8)4:37:13 – 4:37:18

There's a point of order that has been reserved. Would the gentlemen suspend while the amendment is distributed?

Rep. Buchanan (FL-16)4:37:17 – 4:37:18

Sure.

Rep. Smith (MO-8)4:37:27 – 4:37:28

You can proceed, Mr. Larson.

Rep. Larson (CT-1)4:37:31 – 4:37:32

Do you recognize me?

Rep. Buchanan (FL-16)4:37:32 – 4:37:32

Yes.

Rep. Larson (CT-1)4:37:32 – 4:42:21

Okay. Thank you, Mr. Chairman. Uh, Mr. Chairman, uh This bill will give the Trump administration the ability to conduct experiments or or demonstrations to help disability uh beneficiaries return to the workforce. They want us to give them this flexibility while just last year they tried to cut hundreds of thousands of people off of disability benefits. That's a deep and abiding concern. Uh, Mr. Chairman, I do not believe that we can give this administration the flexibility that it seeks to throw people off of their benefits, especially since this majority has made it crystal clear they don't wish to conduct any oversight over their actions at SSA. We still haven't had Doge before this committee after two bombshell whistleblower allegations that Doge copied all of SSA's data to potentially vulnerable to a potentially vulnerable cloud and that a former Doge staffer bragged about copying the agency's data to a thumb drive for personal profit. Nor did they testify after the administration admitted in court that Doge staff signed an agreement with an outside political advocacy group to use SSA data to overturn election result. That's why I have an amendment that would add guardrails to Social Security's demonstration authority to protect both beneficial and applicants from benefit cuts. It would require that no demonstration program could result in people's benefits being lower than current law and no demonstration could be used to deny eligibility to applicants who would be approved for SSDI under current law. Essentially, these provisions would prevent the administration from being able to abuse this authority and cut people's benefits. Mister Chairman, the amendment would also require the Social Security Administration to notify the public about any planned demonstrations and to provide the same opportunities for the public for public comment as under the Administration Procedures Act. This would add much needed transparency and a vital opportunity for the public to voice any concerns. Finally, Mister Chairman, my amendment would retain current law that allows Social Security to use Disability Trust Fund dollars for the administration's cost of any demonstration. This provision has existed since nineteen eighty and its continued use will insure that SSA operates a demonstration it will not take away from the agency's customer service funding. SSA's operating expenses are already less than one percent of their total budget. That is the level of efficiency seen nowhere else. Private insurance companies operate at around twenty percent administrative cost. Accounting for inflation, SSA's administrative funding has fallen twenty-one percent. since twenty ten. At the same time, the agency is serving a record number of beneficiaries, more than seventy million, with an additional ten thousand baby boomers a day retiring. We cannot further cut into that underfunded customer service budget for the Trump administration's demonstration programs. Mr. Chairman, this should be a pretty common sense amendment No administration should be able to use the demonstration's programs to throw people off their benefits, and we should keep the agency's customer service funding intact. On average, my colleagues on the other side of the dais have more than eighteen thousand disability beneficiaries in their district. I've already submitted that for the record, Mister Chairman. And I hope everyone will take a look at their own district. I'm happy to supply them with a card as well on that. I urge my colleagues to support this amendment and I yield back.

Rep. Smith (MO-8)4:42:22 – 4:42:24

Additional discussion on the amendment, Mr. Estes.

Rep. Estes (KS-4)4:42:25 – 4:44:20

Mr. Chairman, thank you. Um, I I I'm gonna speak in opposition to this amendment, uh, I I guess for several points. If we look at this, I mean, the whole intent is to have pilot programs. Uh, the demonstration authority is designed to look at different ways that you can make the system better uh in the long run. And - and to - to hold that process up, we - by going through the Administrative Procedures Act and the d- lengthy time to go through that, uh, get the public comment back for something that's uh a temporary time frame anyway, since this is gonna end in - in twenty thirty-one. So the whole point of having uh pil- pilot opportunities is uh to have some quick turn around to see if something works, If it doesn't work, throw it out. If it does work, then we can implement it quicker, uh, from that standpoint. So that's - that's one concern I have. Uh, the other concern is, I mean, uh, or second concern is that there, uh, there is very strict provisions in this that, uh, no one's income, uh, anybody that vol- that volunteers to be a participant in this, that their income will be lower, uh, and they should have good opportunities if those pilots are successful to actually increase their income. uh just because of the opportunity of being able to work. And then, and then the third thing it, that uh really concerns me, this is probably the biggest concern is that uh by the amendment would reduce the disability trust fund balance by the cost of any of these uh demonstration projects. And you know, we we already we already see that into the future the disability trust fund's going to uh um uh, be depleted and we'll have to come back and address that at some point in time in the future in Congress. But, uh, I'd hate to see us going through looking at, uh, demonstration projects that actually expedite or, uh, increases the time frame on when that trust fund expires. So, uh, with that, I, I just oppose this amendment, Mr. Chairman. I yield back.

Rep. Smith (MO-8)4:44:21 – 4:44:24

Further discussion on the amendment. Miss Chu.

Rep. Chu (CA-28)4:44:25 – 4:47:39

I strongly support my colleague, Ranking Member Larson's amendment, which would create additional guardrails in the bill to protect Americans' vital social security disability insurance benefits. SSDI supports some of the most vulnerable Americans who've had severe and long-lasting medical impairments that prevent them from being able to work at a level needed to financially support themselves. And it's an earned benefit. The average beneficiary worked and paid into the system for twenty-two years before becoming disabled. Disabled workers rely on on their monthly benefits, which are extremely low, at an average of about twenty thousand dollars a year, to help meet their basic needs from housing to groceries to health care, transportation, and more. Most SSDI beneficiaries could not survive without their monthly payments, and that's why we must ensure that any potential change to the SSDI program do not put beneficiaries at risk of losing their benefits or having their benefits reduced. Given President Trump's track record of trying to cut SSDI benefits during his first term multiple times and in multiple different ways including by trying to push beneficiaries into demonstration programs the guardrails provided in Mister Larson's amendment are entirely necessary. Without them the bill would give this administration open-ended authority to move forward with benefit cuts. Furthermore, the underlying bill would require any SSTI demonstration projects to be funded by the Social Security Administration's operating budget, the same operating budget that supports the agency's customer service. That is so irresponsible at a time when SSA is experiencing a customer service crisis thanks to the Trump administration and Doge's reckless staffing cuts. I've heard from so many constituents about how they can't get their issues resolved, because every time they call, they're put on hold for multiple hours, only to eventually just get hung up on. And instead of fixing this crisis, the Trump administration is trying to cover it up by removing customer service performance metrics from their website. Despite my oversight letter last year demanding transparency, SSA still has not restored these metrics and customer service has only gotten worse. We must not make this crisis worse worse by stretching SSA's uh operating budget even thinner, which is why I'm glad uh Ranking Member Larson's uh amendment would fix this by ensuring that These demonstration projects are funded by the mandatory SSDI trust fund as they've typically been funded in the past. I therefore urge support for Mister Larson's amendment to both protect SSDI benefits from cuts and prevent any further worsening of customer service at SSA. I yield back.

Rep. Smith (MO-8)4:47:41 – 4:47:42

Mister Carey.

Rep. Carey (OH-15)4:47:43 – 4:49:08

Uh, thank you, Chairman, I I I rise in uh opposition of the of the amendment uh, you know, I outlined this just moments ago, but the underlining bill already contains, and I'm going to address kind of the issues that are actually in the bill that we're actually talking about. But the underlining bill already contains strong beneficiary protections. For instance, the SSA would not be able to conduct a demonstration that would reduce a participant's total income. I'll say it again. The SSA would not be able to conduct a demonstration that would reduce a participant's total income. The protection is new and has not been applied to previous demonstration authorities under reauthorization. Further, an individual's participation, and I'll say it twice, is completely voluntary. An individual's participation is completely voluntary, requiring their informed written consent. A beneficiary may also revoke their participation at any time. With that being said, and my statements earlier, Mr. Chairman, I urge my colleagues to oppose the amendment. And with that, I yield.

Rep. Smith (MO-8)4:49:10 – 4:49:21

Are there, is there further discussion on the amendment? Seeing none, um The question is on the adoption of Mister Larson's amendment. The clerk will call the roll.

Clerk4:49:24 – 4:49:25

Mister Buchanan.

Rep. Carey (OH-15)4:49:27 – 4:49:27

No.

Clerk4:49:28 – 4:50:24

Mister Buchanan, no. Mister Mister Smith of Nebraska. Mister Smith of Nebraska, no. Mister Kelly. Mister Kelly, no. Mister Schweikert. Mister LaHood. Mister Errington. Mister Estes. Mister Estes, no. Mister Smucker. Mister Smucker, no. Mister Hearn. Mister Hearn, no. Mrs. Miller. Doctor Murphy. Mister Kustof. Mister Kustof, no. Mister Fitzpatrick. Mister Stubbe.

Rep. Smith (MO-8)4:50:24 – 4:50:25

No.

Clerk4:50:26 – 4:50:35

Mister Stubbe, no. Mister Tenney. Mister Tenney, no. Mister S. Fischbach. Mister S. Fischbach, no. Mister Moore.

Rep. Smith (MO-8)4:50:35 – 4:50:36

No.

Clerk4:50:36 – 4:51:05

Mister Moore, no. Mister Van Duyn. Mister Van Duyn, no. Mister Feenstra. Mister Feenstra, no. Miss Malia Tauchis. Mister Kerry. Mister Kerry, no. Mister Yockem. Mister Miller. Mister Miller, no. Mister Bean. Mister Bean, no. Mister Moran.

Rep. Smith (MO-8)4:51:10 – 4:51:10

No.

Clerk4:51:10 – 4:51:18

Mister Moran, no. Mister Neal. Mister Neal, yes. Mister Doggett.

Rep. Smith (MO-8)4:51:18 – 4:51:18

No.

Clerk4:51:19 – 4:51:43

Mister Doggett, yes. Mister Doggett, yes. Mister Thompson. Mister Thompson. Mister Thompson, yes. Mister Thompson, yes. Mister Larson. Mister Larson. Mister Larson, yes. Mister Larson, yes. Mister Davis. Mister Davis. Mister Davis, yes. Mister Davis, yes. Miss Sanchez. Miss Sanchez. Miss Sanchez, yes. Miss Sanchez, yes. Miss Sewell. Miss Sewell. Miss Sewell, yes. Miss Sewell, yes. Mr. Albany. Miss Chu.

Unknown4:51:43 – 4:51:43

I'll go.

Clerk4:51:44 – 4:51:50

Miss Chu, yes. Miss Moore. Miss Moore, yes. Mister Boyle.

Unknown4:51:50 – 4:51:51

Yes.

Clerk4:51:51 – 4:51:54

Mister Boyle, yes. Mister Buyer.

Unknown4:51:54 – 4:51:54

Yes.

Clerk4:51:54 – 4:51:56

Mister Buyer, yes.

Rep. Smith (MO-8)4:51:55 – 4:51:55

Mister Buyer.

Clerk4:51:56 – 4:51:57

Mister Evans.

Rep. Smith (MO-8)4:52:08 – 4:52:08

Yes.

Clerk4:52:09 – 4:52:28

Mister Evans, yes. Mister Schneider. Mister Schneider, yes. Mister Panetta. Mister Panetta, yes. Mister Gomez. Mister Horsford. Mister Horsford, yes. Miss Plaskett.

Rep. Smith (MO-8)4:52:28 – 4:52:29

Yes.

Clerk4:52:29 – 4:52:31

Miss Plaskett, yes. Mister Swayze.

Rep. Buchanan (FL-16)4:52:32 – 4:52:33

I think it's all good.

Clerk4:52:33 – 4:52:34

Mister Swazi, yes.

Rep. Smith (MO-8)4:52:35 – 4:52:37

How is Mister Joachim recorded?

Clerk4:52:39 – 4:52:43

Mister Joachim is not recorded. Mister Joachim, no.

Rep. Smith (MO-8)4:52:43 – 4:52:44

Mister Schweikert.

Clerk4:52:45 – 4:52:49

Mister Schweikert is not recorded. Mister Schweikert, no.

Rep. Smith (MO-8)4:52:49 – 4:52:50

Mister Fitzpatrick.

Clerk4:52:51 – 4:53:15

Mister Fitzpatrick is not recorded. Mister Fitzpatrick, no. Mister LaHood. Mister Errington. Mister Errington, no. Mrs. Miller. Doctor Murphy.

Rep. Smith (MO-8)4:53:15 – 4:53:15

No.

Clerk4:53:16 – 4:53:38

Doctor Murphy, no. Miss Meliotakis. Miss DelBene. Mister Gomez. Chairman Smith.

Rep. Smith (MO-8)4:53:38 – 4:53:39

No.

Clerk4:53:40 – 4:53:41

Chairman Smith, no.

Rep. Smith (MO-8)4:53:48 – 4:54:02

She's gonna miss it. She's gonna miss it. She's gonna be missing it. She's gonna miss it. How is Miss Del Bene recorded?

Clerk4:54:04 – 4:54:09

Miss Del Bene is not. Miss Del Bene is not recorded. Ah. Miss Del Bene, yes.

Rep. Buchanan (FL-16)4:54:09 – 4:54:10

This one.

Rep. Smith (MO-8)4:54:21 – 4:54:23

The clerk will report the vote.

Clerk4:54:23 – 4:54:27

Mister Chairman, the yeses are eighteen and the noes are twenty-three.

Rep. Smith (MO-8)4:54:27 – 4:54:43

There being eighteen yeses and twenty-three noes, the amendment is not agreed to. Are there additional amendments? Seeing none, the question is on the adoption of the amendment in the nature of a substitute. All those in favor, favor, signify by saying aye.

Rep. Buchanan (FL-16)4:54:43 – 4:54:44

Aye.

Rep. Smith (MO-8)4:54:44 – 4:54:45

Those opposed say no.

Rep. Larson (CT-1)4:54:45 – 4:54:46

No.

Rep. Smith (MO-8)4:54:46 – 4:54:53

In the opinion of the chair, the ayes have it, and the amendment in the nature of a substitute is agreed to. I will now recognize Mister Buchanan for the purpose of offering a motion.

Rep. Buchanan (FL-16)4:54:53 – 4:55:01

Mister Chairman, I move the committee favorably reports H R eight eight eight four as amended to the House of Representatives.

Rep. Smith (MO-8)4:55:01 – 4:55:08

The question is on the motion to favorably report H R eighty-eight eighty-four as amended to the House of Representatives. The clerk will call the roll.

Clerk4:55:09 – 4:55:10

Mister Buchanan.

Rep. Buchanan (FL-16)4:55:10 – 4:55:10

Yes.

Clerk4:55:11 – 4:55:28

Mister Buchanan, yes. Mister Smith, Nebraska. Mister Smith, Nebraska, yes. Mister Kelly, Mister Kelly, yes. Mister Schweikert, Mister Schweikert, yes. Mister LaHood. Mister Errington.

Rep. Smith (MO-8)4:55:28 – 4:55:29

Yes.

Clerk4:55:30 – 4:55:32

Mister Errington, yes. Mister Estes.

Rep. Smith (MO-8)4:55:32 – 4:55:33

Yes.

Clerk4:55:33 – 4:55:41

Mister Estes, yes. Mister Smucker. Mister Smucker, yes. Mister Hearn. Mister Hearn, yes. Mrs. Miller.

Rep. Smith (MO-8)4:55:43 – 4:55:43

No.

Clerk4:55:44 – 4:55:54

Doctor Murphy. Mister Kustof. Mister Kustof, yes. Mister Fitzpatrick.

Rep. Smith (MO-8)4:55:54 – 4:55:55

Yes.

Clerk4:55:56 – 4:56:34

Mister Fitzpatrick, yes. Mister Stubbe. Miss Tenney. Miss Tenney, yes. Misses Fischbach. Misses Fischbach, yes. Mister Moore. Miss Van Duyn. Miss Van Duyn, yes. Mister Feenstra. Mister Feenstra, yes. Mister Meliotakis. Mister Kerry. Mister Kerry, yes. Mister Yacoum.

Rep. Smith (MO-8)4:56:34 – 4:56:34

Yes.

Clerk4:56:35 – 4:56:41

Mister Yacoum, yes. Mister Miller. Mister Miller, yes. Mister Bean.

Rep. Smith (MO-8)4:56:41 – 4:56:42

Yes.

Unknown4:56:41 – 4:56:42

Yes.

Clerk4:56:42 – 4:56:44

Mister Bean, yes. Mister Moran.

Rep. Smith (MO-8)4:56:44 – 4:56:45

Yes.

Clerk4:56:45 – 4:57:08

Mister Moran, yes. Mister Neal. Mister Neal, no. Mister Doggett. Mister Doggett, no. Mister Thompson. Mister Thompson, no. Mister Larson. Mister Larson, no. Mister Davis. Mister Davis, no. Miss Sanchez. Miss Sanchez, no. Miss Sewell.

Unknown4:57:08 – 4:57:08

No.

Clerk4:57:09 – 4:57:15

Miss Sewell, no. Miss Del Bene. Miss Del Bene, no. Miss Chu.

Unknown4:57:16 – 4:57:16

No.

Clerk4:57:16 – 4:57:22

Miss Chu, no. Miss Moore. Miss Moore, no. Mister Boyle.

Unknown4:57:23 – 4:57:23

No.

Clerk4:57:23 – 4:57:26

Mister Boyle, no. Mister Buyer.

Unknown4:57:26 – 4:57:26

No.

Clerk4:57:26 – 4:57:30

Mister Buyer, no. Mister Evans.

Unknown4:57:29 – 4:57:29

No.

Clerk4:57:30 – 4:57:51

Mister Evans, no. Mister Schneider. Mister Schneider, no. Mister Panetta. Mister Mister Panetta, yes. Mister Gomez. Mister Horsford. Mister Horsford, yes. Miss Plaskett.

Unknown4:57:51 – 4:57:51

Yes.

Clerk4:57:52 – 4:57:54

Miss Plaskett, yes. Mister Swasey.

Unknown4:57:55 – 4:57:55

Um.

Clerk4:57:56 – 4:58:29

Mister Swasey, no. Mrs. Miller. Doctor Murphy. Doctor Murphy, no. Doctor Murphy, yes. Doctor Murphy, yes. Mister Stubbe. Mister Stubbe.

Unknown4:58:29 – 4:58:30

Yes, I think I can.

Clerk4:58:30 – 4:59:04

Mister Stubbe, yes. Mister Stubbe, yes Mister Moore. Mister Moore. Mister Moore, Mister Moore, yes. yes. Miss Malia Takis. Miss Malia Takas. Mister Gomez. Mister Gomez. Mister LaHood. Chairman Smith.

Rep. Smith (MO-8)4:59:05 – 4:59:05

Yes.

Clerk4:59:07 – 4:59:08

Chairman Smith, yes.

Rep. Smith (MO-8)4:59:09 – 4:59:11

How is Mister Gomez recorded?

Clerk4:59:12 – 4:59:24

Mister Gomez is not recorded. Mister Gomez? Mister Gomez, no.

Rep. Smith (MO-8)4:59:28 – 4:59:30

How is Mister Lohood recorded?

Clerk4:59:30 – 4:59:34

Mister Lohood is not recorded. Mister Lohood, yes.

Rep. Van Duyne (TX-24)4:59:40 – 4:59:40

The vote is.

Rep. Smith (MO-8)4:59:40 – 4:59:41

The clerk will report the vote.

Clerk4:59:59 – 5:00:02

Mister Chairman, the yeses are twenty-seven and the noes are sixteen.

Rep. Smith (MO-8)5:00:02 – 5:01:15

There being twenty-seven yeses and sixteen noes, the motion is agreed to in H R eighty-eight, eighty-four as amended, as ordered favorably reported to the House. Without objection, I ask that staff be authorized to make technical and conforming changes to H R eighty-eight, eighty-four and that members have two additional days to file with the committee clerk, supplemental, additional dissenting or minority views. Our next order of business is H. R. eighty-eight seventy-three, the recover COVID unemployment fraud in banks act, introduced by representatives Van Duyn and Swasey, which establishes a federal task force to claw back unspent federal pandemic unemployment compensation payments, being held by banks six years after the pandemic. There's there's no one tougher in Congress in cracking down on fraud than Representative Van Duyn, who has been fighting to recover the billions upon billions of dollars in fraud and improper payments lost to criminal activity and bureaucratic mismanagement, both during and after the COVID pandemic, and prosecute those responsible as a member of the Ways and Means, Work and Welfare and Oversight

Rep. Van Duyne (TX-24)5:01:29 – 5:03:52

I feel like I can only go downhill after that introduction, Mister Chairman, but thank you very much. I really appreciate it. I am proud to sponsor the bipartisan recover COVID unemployment fraud and banks act along with my Democrat colleague Representative Swazi. This bill establishes a federal task force to coordinate with states to recover unspent federal pandemic unemployment payments being held by financial institutions. In addition, the task force is charged with developing a road map that facilitates the cost-effective recovery of the payments and return them to the federal government. This is a must-pass bill. Earlier this year, the Department of Labor um, Labor Office of Inspector General issued two fraud alerts announcing that it found nearly a billion dollars a billion dollars in unspent COVID-19 unemployment funds frozen. and held by financial institutions due to suspicion of fraud. These funds were identified on millions of prepaid debit cards and issued by states to distribute supplemental federal unemployment benefits during the pandemic. But more than six years after the pandemic, these accounts have been left forgotten by state workforce agencies, unreconciled, and in some cases transferred by banks to state unclaimed property due to inactivity, which really complicates recovery efforts. Without congressional action, hundreds of millions of dollars may go unrecovered. This committee has been focused, laser focused, on the prosecution of pandemic era unemployment fraud and strengthening the unemployment program. Last March, the Work and Welfare subcommittee held a hearing on this issue and the implications of failing to act. In his testimony, the Inspector General stated the Fraud Alert memos highlighted nearly a billion dollars in fraudulent unemployment benefits remain unclaimed or frozen in prepaid debit card accounts across twenty-one states. And that more than two hundred million dollars of funds flagged for fraud have already been transferred to state unclaimed property divisions which will make that even harder to get back. The Recover COVID Unemployment Fraud and Banks Act establishes a federal task force led by a national recovery coordinator to coordinate with states to review and recover federal pandemic UI payments issued on prepaid debit card banks or h uh th- those funds that have already been transferred to state unclaimed property managers. In addition, this legislation extends the statute of limitations for prosecuting pandemic UI fraud from five years to ten years. And this is the same language as H R eleven fifty-six, the pandemic unemployed fraud enforce enforcement act,

Rep. Smith (MO-8)5:03:51 – 5:03:51

Yeah.

Rep. Van Duyne (TX-24)5:03:52 – 5:05:01

which passed the House last March with the support of over eighty-two Democrats. To this day, federal law enforcement agencies are in the middle of litigating hundreds of cases with hundreds more having yet to be litigated. These cases are primarily reliant on criminal statutes that carry a five-year limitation. Between October first, twenty twenty-five and the present, the Labor Department Inspector General has successfully brought fifty-nine criminal matters to prosecution across all of its national investigative regions. These investigations resulted in charging a hundred and thirty-one individuals and more than sixteen million dollars in monetary recoveries. H. R. eighty-eight seventy-three has also received the endorsement from the U. S. Chamber of Commerce, the Taxpayers' Projective Alliance, the National Association of State Workforce Agencies, and the strategic services on unemployment or workers' compensation. Every dollar going to fraud is a dollar that does not go to those who need it. And it's too late to res- to recover stolen UI funds. It's never too late. We need to actually focus on that and make sure that we're doing our job. And I hope that my Democrat colleagues will join us in supporting this common sense bill and I yield back. And thank you very much, Mr. Chairman.

Rep. Smith (MO-8)5:05:02 – 5:05:03

I now recognize the ranking member.

Rep. Neal (MA-1)5:05:03 – 5:05:06

I yield my time to the gentleman from New York, Mister Swasey.

Rep. Suozzi (NY-3)5:05:06 – 5:09:28

Thank you, Mr. Ranking Member. Thank you, Mr. Chairman. Let me first say what a pleasure it is to work with my colleague, uh, Congresswoman Van Duyn, demonstrating to everyone that we can all work together to get common sense things done for the people in the in the United States of America. Uh, this is a common sense and bipartisan bill which will help root out fraud, protect vulnerable Americans, and help bring stolen funds back to the States. We all know that the pandemic was a terrifying event for our country, Hardworking Americans lost their jobs, they lost their homes, they lost their loved ones overnight. Many struggling families were forced to rely on unemployment assistance to make ends meet. Twenty-two million workers lost their jobs, and approximately one fourth of all U. S. workers received unemployment benefits. During this time, states issued billions in unemployment benefits, some of it on prepaid debit cards through contracts with banks. These benefits were supposed to help families afford their basic needs during the lockdown. These benefits kept more than five million people out of poverty as they faced hardship, such as mortgage defaults, utility shutoffs, and hunger. Sadly, criminals and fraudsters decided to take advantage of this vulnerable time and saw it as a window of opportunity to attack unsuspecting Americans. Domestic and international cybercrime rings used stolen identities and exploited eligibility loopholes to defraud taxpayers of as much as billions of dollars, in federal. Right now, some of the money is still sitting in unused debit cards. Investigators think the majority of the fraudulent debit cards are the result of identity theft, and many of the victims may not even know that they've been targeted. Those victims targeted include working families and vulnerable senior citizens. Cybercriminals are waiting to withdraw funds from these debit cards until the statute of limitations expires on each case, so they can avoid legal consequences when they steal the funds. According to the Financial Crimes Enforcement Network, in twenty twenty one, banks experienced two hundred and twelve billion dollars in suspicious activity related to identity. That number increased to three hundred and ninety-four billion dollars in transactions in twenty thirty. That's over a fifty percent increase. The expiration of the the five-year statute of limitations for prosecuting many of these cases' pandemic crimes began in March of twenty twenty five, hence the This has resulted in loss of hundreds of millions of taxpayer funds. If we don't act now, we risk losing millions more. Congress must not relent when it comes to protecting Americans from fraud, scams, and identity theft. Today we can take action by supporting this bill, H. R. eight eight seven three, Recover COVID Unemployment Fraud in Banks Act. This bill would extend the statute of limitations for the remaining cases where it hasn't already expired. And create a task force to support recovery of those funds identified by the Inspector General that can be c- recovered cost-effectively without diverting time or money, from future fraud prevention. Every time a debit card that was issued using stolen identities detected, in addition to recovering the money, this bill ensures that the victim of the theft is notified and provided with resources. This is important because chances are that if a criminal is used a victim's identity, to apply for pandemic unemployment insurance, that criminal is also likely to use the victim's identity for other crimes as well. By extending the statute of limitations, this bill would allow the Office of Inspector General to complete at least three hundred current investigations into large-scale unemployment insurance fraud and potentially recover those dollars for the taxpayers. By supporting this bill, Congress can help states focus their energy on the most cost-effective prevention and recovery efforts. Money recovered by states will help ensure that state unemployment insurance systems are able to prevent fraud and pay earned benefits on time, and accurately, to unemployed Americans in the future. That's especially important in this current ec- economy with unemployment, food, gas prices skyrocketing. Again, I'd like to thank my colleague, Representative Van Duyn, for sponsoring this common sense bill. I urge all members of this committee, Democrats and Republicans, to support this legislation, and I yield back my time.

Rep. Smith (MO-8)5:09:30 – 5:10:10

Thank you. The committee will now now proceed to consideration of H R eighty-eight seventy-three, the recover COVID unemployment fraud and banks act. Without objection, the measure will be considered as read and open for amendment at any point. At this time, I offer an amendment in the nature of a substitute, which was distributed in advance along with a green sheet explaining it. Without objection, the amendment in the nature of a substitute shall be considered as read, open for amendment at any point, and considered base text for purpose of amendment. I will now turn to Sheryl Freeman, Work and Welfare Subcommittee Staff Director, to provide a technical description of the amendment in the nature of a substitute with an emphasis on the changes made since introduction. I ask that members hold their questions until after her presentation.

Sheryl Freeman (Witness)5:10:12 – 5:11:23

Thank you, Chairman Smith and Ranking Member Neal. H R eight eight seven three, the Recover COVID Unemployment Fraud and Banks Act, establishes a federal task force to coordinate with state agencies to identify and recover pandemic unemployment. compensation payments on prepaid debit cards held by financial institutions or transferred to state unclaimed property it requires the task force to issue federal guidance to state agencies to review payments determine whether a payment was an improper payment determine cost effective recovery thresholds and actions to be taken if an improper payment is determined to be a result of fraud the task force is also charged with issuing guidance to financial institutions holding such payments, providing them with a legal pathway to return payments to the appropriate state agency, and issuing guidance to administrators of agencies responsible for unclaimed property on the obligations of their agencies to review and return federal payments. Finally, the bill extends the statute of limitations for prosecuting pandemic unemployment fraud from five to ten years. As reflected on the green sheet, the chairman's amendment in the nature of a substitute modifies H R eight eight

Rep. Smith (MO-8)5:11:46 – 5:11:56

Thank you. Thank you. Are there any technical questions about the amendment in the nature of a substitute? Are there any technical questions about the amendment and the nature of a substitute? Seeing none, we will move to strike the last word. Does any member wish to strike the last word?

Sheryl Freeman (Witness)5:11:56 – 5:11:58

Getting. Included.

Rep. Smith (MO-8)5:11:57 – 5:11:59

Um, Mister Yackem.

Rep. Yakym (IN-2)5:12:01 – 5:13:49

Mister Chairman, I move to strike the last word. Unemployment insurance, or UI, is an important safety net for people who fall on hard times. But fraudsters ran wild during the pandemic. The Government Accountability Office, or GAO, estimates that pandemic unemployment fraud totaled one hundred and thirty-five There are other estimates that pin that total at four hundred billion dollars. That's somewhere between fifteen and forty-five percent of all UI benefits paid during the pandemic. Despite these sky-high estimates, we've only recovered five billion dollars. I'm thankful that the Trump administration is continuing to go after these fraudsters. Just a few weeks ago, a Pennsylvania State Labor Department employee was charged with accepting bribes to approve fraudulent UI claims from June of twenty twenty through February of twenty twenty three. But these cases continue to face challenges as the statue of limitations for prosecuting these COVID era fraudsters has expired. This creates a significant hurdle to recovering the funds and holding the perpetrators accountable. I'm proud to support H R eighty eight seventy three, the recover COVID unemployment fraud and banks act, which makes takes meaningful steps to recoup fraudulent UI benefits and extends the statue of limitations. One of the most important responsibilities as members of Congress is to be good stewards of taxpayer money. Allowing this level of fraud to occur and not taking every possible step to recover these fraudulent payments is irresponsible. I look forward to voting for these bills, and I ask my colleagues to do the same. Mister Chairman, I would like to submit this DOJ press release entitled " Former State Labor Department employee charged with accepting bribes to approve more than five hundred thousand dollars in fraudulent UR." compensation claims to be entered into the record.

Rep. Smith (MO-8)5:13:50 – 5:13:50

Without objection.

Rep. Yakym (IN-2)5:13:51 – 5:13:52

Thank you, Mister Chairman, and I yield back.

Rep. Smith (MO-8)5:13:53 – 5:13:54

Thank you, Mister Davis.

Rep. Davis (IL-7)5:13:54 – 5:15:10

Thank you, Mister Chairman, I move strike to last word. I want to express my support for this bipartisan bill, which thoughtfully balances several important goals. The bill would ensure that we're able to prosecute as many of the criminal rings that stole unemployment benefits during the pandemic as possible. According to the Office of the Inspector General, or OIG, extending the statute of limitations would allow them to complete about three hundred investigations that are currently in progress. If successful, these fraud prosecutions might also lead to recoveries or restitution to make taxpayers' hold. I do regret that these cases were not investigated or prosecuted sooner, in part because of Republican cuts to appropriation for the OIGs. But I am glad that the OIG think that these cases are not too cold to pursue.

Rep. Smith (MO-8)5:15:11 – 5:15:11

No, I see.

Rep. Davis (IL-7)5:15:11 – 5:16:31

Importantly, the bill would also insure the workers It's a good question. whose stolen identity information was used to commit fraud are aware of the theft and can protect themselves from future crimes. We heard important testimony about this issue in the subcommittee and the model notice required under the bill is a good solution. Finally, I commend my colleagues for balancing our needs to punish old crimes with the need to focus resources on securing the unemployment benefit system against future fraud and harm to workers. The bill would ensure that states are reimbursed separately for the cost of recovering old debts and directed to focus on cost-effective recovery efforts. Given the current state of our struggling economy, It is important that states also have resources to available to pay current benefits accurately and on time and to protect them from frost frosted. It's a good deal. I urge its passage and you're back to best rest of my time.

Rep. Smith (MO-8)5:16:32 – 5:16:33

Mister Miller.

Rep. Miller (OH-7)5:16:36 – 5:18:00

Thank you, Mister Chairman. I'd like to strike the last word. I speak in support of H R eight eight seven two, the preventing waste, fraud and abuse and TANF act. This bill, led by my colleague from Ohio, Mister Kerry, aims to improve the temporary assistance for needy families program. Unfortunately, for too long, TANF dollars have been mismanaged. As shown on the chart behind me, unspent TANF balances have more than doubled from four billion dollars in twenty fifteen to nine point seven billion in twenty twenty four. States held roughly eight billion nationwide in unspent funds. New York carried over more than one point seven billion in unobligated funds. Tennessee and Texas each carried close to one billion dollars. My home state of Ohio has six hundred and twenty-nine million dollars of unspent money. TANF exists to help needy families move toward work, stability and self-sufficiency. But billions of dollars are sitting unused, allowing states to hold billions in TANF funds year after year with no real deadlines means dollars are not being used for the families that they were intended to serve. The underlying bill puts in place long overdue spending timelines, while also allowing states some flexibility to hold on to a rainy day fund. I support H R eight eight seven two, the preventing waste, fraud and abuse in TANF act, and urge all my colleagues to vote yes. Yes, Mr. Chairman, you're back.

Rep. Smith (MO-8)5:18:01 – 5:18:01

Thank you, Mr. Kelly.

Rep. Murphy (NC-3)5:18:03 – 5:19:12

Thank you, Chairman. Uh, Miss Van Dyne. Appreciate this, Mr. Swasey, thank you. So any any country that uh doesn't even come close to, we collect record revenue but it doesn't come close to what we spend. It's it is really hard for me to sit here and listen that these banks for sitting on this money and it takes an act of Congress to get back taxpayer money. It's absolutely incredible. So we live in the greatest nation of the world, we live in a nation that is expected to show up every time there's an emergency, I don't care where it is, we're first responders, but we can't take care of our own bank account? We have billions of dollars that we put out there during the pandemic and these banks have been sitting on it? I mean Try that as a private businessman and see if you can get away with it. So, Miss Van Duyen, Mister Swasey, thank you so much for bringing forth such a common sense thing, but it is absolutely astounding that we have to have an act of Congress. to get back taxpayer money that the banks are sitting on, and fraudulent activity. Off the charts, but not surprising anymore. Not surprising. I uh yield back.

Rep. Smith (MO-8)5:19:13 – 5:19:14

Thank you, Mr. Horsford.

Rep. Horsford (NV-4)5:19:17 – 5:20:33

Thank you, Mr. Chairman. I move to strike the last word. And I support HR eighty-eight seventy-three. I wanna commend my colleagues uh for this bill, the Recover COVID Unemployment Fraud and Banks Act Particularly its provisions requiring states to notify individuals whose identities have been stolen to commit fra- fraud and to connect those individuals with the resources that they need to restore their financial security and peace of mind. Too often victims of identity theft don't realize what has happened until the damage is already done. And when they finally do find out, they're left to navigate a maze of bureaucracy on their own. spending hours calling agencies, uh filling out paperwork, disputing fraudulent claims, freezing accounts, and trying to protect what they have worked so hard to build for themselves, and their families. I commend my colleagues uh for working on both sides of the aisle for this legislation um and agree that we must aggressively prosecute fraudsters and the criminal networks that exploited programs meant to help workers and families during a time of crisis.

Rep. Smith (MO-8)5:20:33 – 5:20:33

How about this?

Rep. Horsford (NV-4)5:20:34 – 5:21:54

But accountability cannot stop with prosecution alone. We also have a responsibility to ensure that innocent people, caught in these schemes, are not abandoned by the very systems that are supposed to serve them. At the same time, we must do more on the front-end to prevent this fraud from happening in the first place. That means ensuring that state unemployment offices have the robust funding, modern technology, information sharing tools, and workforce training that's necessary to identify fraud early, and to respond to it effectively. This requires, in my opinion, a whole uh system approach that protects taxpayer dollars and protects the people those dollars are intend intended to help. I believe those need to go hand in hand. My constituents in Nevada deserve a government that works for them, that recovers their hard-earned tax dollars, and that prevents them from being robbed in the first place. So I look forward to continuing to work on these types of measures in the future. I know I had a bill, the Guard Act, uh, previously, and I hope that, uh, my colleagues will, uh, work with me on that legislation, uh, as we work to pass this bill today. Thank you, and I yield back.

Rep. Smith (MO-8)5:21:56 – 5:21:56

Mr. Lohod.

Rep. LaHood (IL-16)5:21:57 – 5:24:52

Thank you, Mr. Chairman, um, and I'm proud to speak in support of the recover COVID unemployment fraud in banks act and appreciate uh this bill being brought before the committee. I want to acknowledge um Congresswoman Van Duyn and also Tom Swase for their bipartisan efforts. Pandemic unemployment fraud was hands-down one of the greatest theft of taxpayer dollars in American history. The GAO estimated between a hundred and a hundred and thirty-five billion dollars was lost in fraud in less than two years during the COVID-19 pandemic. Six years later, we are still dealing with the consequences. And it is our responsibility and obligation to recover as much of those lost funds as possible. In March, the Work and Welfare subcommittee held a hearing with the Labor Department Inspector General to learn about two alerts which found nearly one billion dollars in unspent COVID-19 unemployment funds, still held by banks to this day. They found three point four million inactive prepaid debit cards loaded with federal unemployment benefits in two financial institutions. These cards had been issued by states during the pandemic, frozen when the banks suspected fraud, and then simply left unreconciled and, quote, forgotten by the states. One debit card was holding more than seventy-six thousand dollars in federal taxpayer money. Even more worrisome, an additional three hundred and seventy million was a- has already been in- in- cheated or transferred to state unclaimed property. This amount will rise to five hundred million by the fall if nothing is done. This bill here today would require federal agencies to coordinate and take action now. It establishes a federal task force to coordinate with state workforce agencies to identify federal pandemic unemployment payments and develop a cost-effective recovery. model for the payments to be returned to the federal government. It also extends the statute of limitations to prosecute pandemic unemployment fraud from five years to ten years, something we passed out of the House last year with a large bipartisan, with large, a large bipartisan vote, but has been held back in the Senate. Some of my colleagues on the other side of the aisle seem to think that it's time to move on. Pandemic fraud is old news. But to this day, federal law enforcement agencies continue to litigate CARES Act related to fraud cases, with many more yet to be litigated. Since January of twenty twenty-five, at least two hundred and eighty-six indictments have been announced by the Department of Justice. This is good news. And I I'm reassured by the bipartisan introduction of this bill, and hopefully that will yield better results in the Senate, so that we can get this on the President's desk and signed into law and return this money,

Rep. Smith (MO-8)5:24:58 – 5:25:18

Are there additional members who wish to strike the last word? Seeing none, we will move to uh move to amendments. Um, are there any amendments to the amendment in the nature of a substitute? Seeing none, the question is on the adoption of the amendment in the nature of a substitute. All those in favor, signify by saying aye.

Rep. LaHood (IL-16)5:25:18 – 5:25:19

Aye. Aye. Aye.

Rep. Smith (MO-8)5:25:19 – 5:25:33

Those opposed, say no. In the opinion of the chair, the ayes have it, and the amendment in the nature of a substitute is agreed to. I will now recognize Mister Buchanan for the purpose of offering a m- uh, Mister Smith for the purpose of offering a motion.

Rep. Smith (NE-3)5:25:35 – 5:25:38

Mister Chairman, I move that the committee favorably report HR eighty-eight.

Rep. Smith (MO-8)5:25:38 – 5:25:44

The question is on the motion to favorably report HR eighty-eight seventy-three as amended to the House of Representatives. The clerk will call the roll.

Clerk5:25:46 – 5:26:23

Mister Buchanan. Mister Smith of Nebraska. Mister Smith of Nebraska, yes. Mister Kelly. Mister Kelly, yes. Mister Schweikert. Mister Schweikert, yes. Mister LaHood. Mister LaHood, yes. Mister Errington. Mister Estes. Mister Estes, yes. Mister Smucker. Mister Smucker, yes. Mister Hearn. Mister Hearn, yes. Mrs. Miller. Dr. Murphy.

Rep. Smith (MO-8)5:26:23 – 5:26:23

Yes.

Clerk5:26:24 – 5:26:32

Dr. Murphy, yes. Mr. Kustof. Mr. Kustof, yes. Mr. Fitzpatrick, Mr. Fitzpatrick, yes.

Rep. Smith (MO-8)5:26:30 – 5:26:30

Yes.

Clerk5:26:32 – 5:27:04

Mr. Stubbe. Miss Tenney. Miss Tenney, yes. Mrs. Fischbach. Mrs. Fischbach, yes. Mr. Moore. Miss Van Duyn. Miss Van Duyn, yes. Mister Feenstra. Mister Feenstra, yes. Mister Maliatakis. Mister Carey. Mister Carey, yes. Mister Joachim. Mister Joachim, yes. Mister Miller.

Rep. Smith (MO-8)5:27:05 – 5:27:05

Yes.

Clerk5:27:06 – 5:27:11

Mister Miller, yes. Mister Bean. Mister Bean, yes. Mister Moran.

Rep. Smith (MO-8)5:27:11 – 5:27:11

Yes.

Clerk5:27:11 – 5:27:35

Mister Moran, yes. Mister Neal. Mister Neal, yes; Mister Doggett. Mister Doggett, yes; Mister Thompson. Mister Thompson, yes; Mister Larson. Mister Larson, yes; Mister Davis. Mister Davis, yes; Miss Sanchez. Miss Sanchez, yes; Miss Sewell.

Rep. Smith (MO-8)5:27:35 – 5:27:35

Uh.

Clerk5:27:35 – 5:27:49

Miss Sewell, yes. Miss DelBene. Miss DelBene, yes; Miss Chu. Miss Chu, yes. Miss Moore. Miss Moore, yes. Mister Boyle.

Rep. Smith (MO-8)5:27:50 – 5:27:50

Yes.

Clerk5:27:51 – 5:27:53

Mister Boyle, yes. Mister Beier.

Rep. Smith (MO-8)5:27:53 – 5:27:53

Yes.

Clerk5:27:53 – 5:28:10

Mister Beier, yes. Mister Evans. Mister Schneider. Mister Schneider, yes. Mister Panetta. Mister Panetta, yes. Mister Gomez. Mister Gomez, yes. Mister Horsford.

Rep. Smith (MO-8)5:28:13 – 5:28:13

Yes.

Clerk5:28:13 – 5:28:16

Mister Horsford, yes. Miss Plaskett.

Rep. Smith (MO-8)5:28:16 – 5:28:17

Yes.

Clerk5:28:17 – 5:28:20

Miss Plaskett, yes. Mister Swazi.

Rep. Smith (MO-8)5:28:21 – 5:28:21

Aye.

Clerk5:28:22 – 5:28:27

Mister Swazi, yes. Mister Errington.

Rep. Smith (MO-8)5:28:27 – 5:28:27

Yes.

Clerk5:28:28 – 5:28:51

Mister Errington, yes. Mrs. Miller. Mister Stuebe. Miss Meliotakis. Mister Moore.

Rep. Smith (MO-8)5:28:52 – 5:28:52

Yes.

Clerk5:28:53 – 5:28:59

Mister Moore, yes. Mister Evans.

Rep. Smith (MO-8)5:29:00 – 5:29:00

Mm. Yes.

Clerk5:29:01 – 5:29:02

Mister Evans, Mr. Buchanan.

Rep. Smith (MO-8)5:29:02 – 5:29:02

Yes.

Clerk5:29:02 – 5:29:14

yes. Mister Buchanan. Chairman Smith.

Rep. Smith (MO-8)5:29:14 – 5:29:15

Yes.

Clerk5:29:16 – 5:29:17

Chairman Smith, yes.

Rep. Carey (OH-15)5:29:22 – 5:29:34

I think not. it's like a cancerous cancer.

Unknown5:29:34 – 5:29:36

So there's some people who have really bad

Rep. Smith (MO-8)5:29:48 – 5:29:49

The clerk will report the vote.

Clerk5:29:50 – 5:29:50

Okay.

Unknown5:30:30 – 5:30:32

hmm the internet is my favorite internet

Clerk5:31:05 – 5:31:08

Mister Chairman, the yeses are forty-one and the noes are zero.

Rep. Smith (MO-8)5:31:09 – 5:32:35

There being forty-one yeses and zero noes, the motion is agreed to in H R eighty-eight seventy-three as amended as ordered favorably reported to the House. Without objection, I ask that staff be authorized to make technical and conforming changes to H R eighty-eight seventy-three and that members have two additional days to file with the committee clerk supplemental additional dissenting or minority views. Our next order of business is H R eighty-eight seventy-two, the preventing waste, fraud, and abuse, and TANF act, introduced by Representative Representative Kerry, which will strengthen the temporary assistance for needy families program by addressing key areas of concern. Representative Kerry from Ohio has been a leader in working to ensure those counting on TANF to make ends meet can have faith that these resources will be there and that the states charged with implementing this program are delivering on its promise. Representative Arrington, a leader in fighting to stop waste frau- waste and fraud in the federal government. Representative Tinney, who has seen firsthand how states can make it harder for families in need when they use precious federal resources to fill state budget gaps. And Representative Smith, who has been a leader in targeting resources to those most in need, All of these members were instrumental in bringing this bill forward today. I'm pleased to recognize the gentleman from Ohio, Mister Kerry, for his opening statement.

Rep. Carey (OH-15)5:32:36 – 5:36:46

Uh, I want to thank you, Mister Chairman. I am proud to sponsor H. R. eighty-eight seventy-two, the Preventing Waste Fraud and Abuse and Tariff Act. This legislation makes long overdue common sense reforms to the temporary assistance for needy families program. The TANF, as it is known, helps low-income families, families with children to achieve economic stability. TANF helps families through difficult times in addition to supporting them on a path towards work and self-sufficiency. A bipartisan program, TANF was established in nineteen ninety-six when we had a Republican Congress and a Democrat President. Together, Republicans and Democrats agreed that the TANF program should promote work, responsibility, and self-sufficiency. TANF gave states more flexibility, set clear expectations around work, and established certain time limits on assistance. The changes proposed in H. R. eighty-eight seventy-two will similarly preserve the flexibility for states to design programs that meet the needs of their constituents. These changes make small but important tweaks to keep TANF account to its accountable to its mission to serve families in need for the many years to come. Gaps in oversight of the TANF program have made it harder to ensure that the funds are reaching these families. Without the safeguards that are provided within H. R. eighty-eight seventy-two proposal, the TANF will remain vulnerable to these bad actors. This hurts not just the taxpayers, but the families who truly need the assistance. That is why we need to address these issues. H. R. eighty-eight seventy-two incorporates not only my improved transparency and stability for Families and Children's Act but also legislation introduced by my colleagues Chairman of the Budget Committee Jody Errington Congressman Adrian Smith and Congressman Claudia Tenning collectively these bills are accounta- are c- make strengthen the accountability of TANF, so the benefits are spent effectively. First, H. R. eighty-eight seventy-two requires the Department of Health and Human Services to monitor the improper TANF spending and submit a future ten-year plan to reduce or eliminate improper payments. This is new to TANF, but not to other federal programs. This provision incorporates TANF into a bipartisan legislation, which became law in twenty twenty, that strengthened the federal government's efforts to detect, report, and reduce improper payments. The improper payments are those that are the wrong amount or go to the wrong recipient, and are for the wrong purpose or for lack of sufficient documentation. This is about accountability. Second, the bill establishes a threshold for TANF funds to go to those that need them the most. It sets the income threshold to two hundred percent of the federal poverty level to eligible for non-cash assistance. Currently, states do not verify income for non- non-cash assistance, which makes up about eighty percent of the TANF funds. But this number was not pulled out of thin air by Republicans. It is the same threshold that President Biden proposed in twenty twenty-three to define needy in as it relates to TANF. This change would ensure that assistance provided through TANF goes to those most vulnerable. Third, HR eighty-eight seventy-two ends the practice of some states have adopted of holding into, uh, holding onto their TANF funds, checks and four changes. It allows states to reserve up to fif- fifteen percent of their award in a given year. In subsequent years, states can continue to reserve up to fifteen percent of the funds until they reach the fifty percent threshold of their most recent award. This remaining non-reserved funds must then be obligated to be spent within two years, uh, after which states will have one additional year to spend the oblig- the

Rep. Smith (MO-8)5:37:14 – 5:37:16

I now recognize the member from Massachusetts. I now recognize the ranking member from Massachusetts.

Rep. Neal (MA-1)5:37:17 – 5:37:20

Mr. Chairman, let me yield my time to the gentleman from Illinois, Mister Davis.

Rep. Davis (IL-7)5:37:21 – 5:42:18

Thank you. Thank you, Mr. Chairman, and thank you, Ranking Member Neal, for yielding to me. Mr. Chairman, this bill purports to be about protecting taxpayers by reducing fraud and waste in the temporary assistance for needy families of TANF program. Teneff helps about one point five million children and their families pay for basic necessities. The average monthly payment is six hundred and seventy-three dollars. President Trump's economy has a zero job creation. Skyrocketing gas prices and costly child care are making it more expensive to work. Wage growth is slowing. But my colleagues on the other side of the aisle continue to insultingly label any help for families as welfare. Meanwhile, over seventeen months that the President has been back in office, President Trump increased his net worth by over four billion dollars selling cryptocurrency inside a trading and leveraging his position. This week he added another one point eight billion slush fund and a lifetime exemption from accurately paying the taxes he owes for himself, his family and his company. This is the eighth bill we have considered today, and none of them address the historic level of corruption in the Trump administration and the fraud they are perpetrating on taxpayers. Democrats want tariff to be accountable to taxpayers. But far from doing that, this bill would hand President Trump yet another weapon in his revenge tool against democratic governors. For example, earlier this year, the Department of Health and Human Services ab- abruptly froze ten billion dollars in critical social services funding to five states, including my home state of Illinois. and Illinois and the other states took court action to prevent irreparable harm. This bill would not result in a single fraud prosecution or payment recovery, but it would give HHS new power to measure error rates for state TANF programs, which could in turn be used to freeze funding, love of financial penalties, are forced states to hand over confidential personal information about beneficiaries that is otherwise protected by law. The last time our committee met to discuss TANF, it was to make excuses for multimillionaire Brett Furrier, who was part of a criminal conspiracy to steal money from poor families in Mississippi and use it for stock purchases at a volleyball stadium. This kind of gross malfeasance by TANF sub-grantees accounts for millions of dollars in improper payments. Congresswoman Judy Chu and I introduced H. R. twenty-one O eight, the TANF State Expenditure Integrity Act, which would give HHS specific authority to monitor sub-grantee expenditures to insure that they are consistent with talent purposes, helping poor children. When they are not, as in Mississippi, it would require the state to recover the funds and provide them directly to poor families they were intended for. If my Republican colleagues are truly interested in addressing Tana fraud. I urge them to join with us to pass HR twenty-one O eight to stop this fraud on the taxpayers and I yield back the balance of my time.

Rep. Smith (MO-8)5:42:18 – 5:42:59

Thank you. The committee will now proceed to consideration of HR eighty-eight seventy-two, the prevent preventing waste, fraud and abuse in Tana fact. Without objection, the measure will be considered as read and open for amendment at any point. At this time I offer an amendment in the nature of a substitute, which was distributed in advance along with a green sheet explaining it. Without objection, the amendment in the nature of a substitute shall be considered as read, open for amendment at any point, and considered base text for purpose of amendment. I will now turn to Sheryl Freeman, Work and Welfare Subcommittee Staff Director, to provide a technical description of the amendment in the nature of a substitute with an emphasis on the changes made since introduction. I ask that members hold their questions until after her presentation.

Sheryl Freeman (Witness)5:43:01 – 5:44:43

Thank you, Chairman Smith and Ranking Member Neal. H R eight eight seven two, the Preventing Waste Fraud and Abuse and TANF Act modifies title four A of the Social Security Act as it relates to the temporary assistance for needy families program. The bill makes modifications in four areas. Section two applies requirements of the Payment Integrity Information Act of twenty nineteen to the TANF program and requires the Department of Health and Human Services to submit a report to Congress within one year with a plan to reduce or eliminate improper payments in TANF within ten years. Section three establishes a threshold for eligibility for use of TANF grant funds to be for assistance or services provided to families at or below two hundred percent of the federal poverty line. Section four establishes a two-year deadline for states to obligate state family assistance grant award funds and an additional year to liquidate such funds. It provides an exception for states to reserve up to of a grant award for a rainy day fund, not to exceed fifty percent of a state's prior year family assistance grant. Section five adds a requirement that a state must provide assurances in their state plan that federal funds will be used to supplement, not supplant, state and local funds used for TANF eligible services. As reflected on the green sheet, the chairman's amendment in the nature of a substitute modifies HR eight eight seven two as introduced on page two line eleven by striking in respect of the state program and inserting with respect to the state program. These changes are consistent with the intent of the provisions to correct references and make conforming changes. Mister Chairman, that completes my walkthrough, I'm happy to answer technical questions.

Rep. Smith (MO-8)5:44:43 – 5:44:48

Thank you. Are there any technical questions about the amendment and the nature of a substitute? Miss Moore.

Rep. Moore (WI-4)5:44:51 – 5:45:22

Thank you, Mister Chairman, and thank you, Miss Freeman. I I want to call your attention to section two again. Um, section two, uh, uh, parent one, section two, A one, applic- applicability of payment integrity law. Can you explain what the twenty nineteen payment integrity law encompasses and what powers this confers upon health and human services that they don't already have?

Sheryl Freeman (Witness)5:45:23 – 5:45:55

Uh, the Payment Integrity Information Act of twenty nineteen um, requires federal agencies to establish framework for measuring and reporting improper payments in federal programs on an annual basis. It's managed by OMB, and each federal program annually generally updates their report card um to report improper payments. GAO GAO has found um for many years now that TANF is not subject to the Payment Integrity Information

Rep. Moore (WI-4)5:46:01 – 5:46:22

Thank thank you for that. Thank you for that, Miss Freeman. Um, in twenty nineteen there was a rule ruling barring health uh, care information to be provided to ICE. So would this p- added provision enable HHS to provide uh, information, medical information to ICE?

Sheryl Freeman (Witness)5:46:23 – 5:46:24

No.

Rep. Moore (WI-4)5:46:25 – 5:47:02

So this this would not allow them to, OK. So um in, let me call your attention to uh page three, section four. The deadline for the obligation and expenditure of funds. This will, this would um would this prevent them from setting up a rainy day fund? I mean times are hard now, for example. I remember in two thousand eight times were really hard. Would this prevent the state from establishing a rainy day fund for for economic changes

Sheryl Freeman (Witness)5:47:03 – 5:47:03

Miss Moore,

Rep. Moore (WI-4)5:47:03 – 5:47:04

and downturns?

Sheryl Freeman (Witness)5:47:04 – 5:47:22

Miss Moore, the the the language does allow states to establish a rainy day fund of fifteen percent of the e- individual year's grant award and it allows them to accu accumulate that up to a fifty percent limit so so that rainy day fund becomes no year funds essentially that are not subject to

Rep. Moore (WI-4)5:47:22 – 5:48:18

Thank you. That doesn't sound like it's going to be enough money. Let me call your attention to section five. Um, pro prohibition of state diversion of federal funds to replace state spending. I know we talked a great deal uh about uh the former uh quarterback of the Green Bay Packers being paid uh out of state spending and I certainly hope that this uh provision prevents that. But some states like Wisconsin, and I remember I was in the state senate and I uh negotiated uh an effort to have TANF funds used to uh pair with the federal um uh uh earned income tax credit, or child tax credit. Would this provision prevent TANF funds to be used um to pay for say the earned the a state earned income tax credit?

Sheryl Freeman (Witness)5:48:20 – 5:48:42

Thank you for the question, Miss Moore. Um, this provision is very general in nature and and simply asks the state to make an, a, a certification in their state plan that they will use the funds to supplement not replace or supplant state funds. So I think that specific question would be something that HHS would interpret um through rulemaking.

Rep. Moore (WI-4)5:48:42 – 5:48:56

OK, one one last question. Uh, this bill uh is designed to eliminate fraud and improper payments. under the program. Um, i- can you t- There is a difference between improper payments and fraud. Wouldn't you agree?

Sheryl Freeman (Witness)5:48:57 – 5:48:58

Yes.

Rep. Moore (WI-4)5:48:58 – 5:49:13

OK, I mean, because, uh, any state or anybody can receive an improper payment. Um, does this bill, uh, enable us, the Health and Human Services, to recover improper payments from states?

Sheryl Freeman (Witness)5:49:15 – 5:49:29

The bill is focused on measuring the measuring improper payments and reporting an improper payment rate. There's existing underlying TANF law has provisions regarding improperly spent funds and penalty authority that HHS has.

Rep. Moore (WI-4)5:49:29 – 5:49:32

So just as reporting, they don't have any authority to collect it, I mean

Sheryl Freeman (Witness)5:49:34 – 5:49:37

The the underlying TANF law does provide the

Rep. Moore (WI-4)5:49:34 – 5:49:34

the

Sheryl Freeman (Witness)5:49:37 – 5:49:40

agency with authority to penalize state property.

Rep. Moore (WI-4)5:49:39 – 5:49:57

So s- I just want to know, I'm sorry, I'm so lost. I we have for example Lawrence Duran who uh committed two hundred and five million dollars of Medicare fraud. And I was wondering if CMS or HHS, can they recover this money for Mister Durand under this provision?

Sheryl Freeman (Witness)5:49:57 – 5:50:00

I'm I'm sorry, Miss Moore, I'm not I'm not familiar with that case.

Rep. Moore (WI-4)5:50:00 – 5:50:03

OK, thank you so much. And thank you, Miss Freeman, and I yield back.

Rep. Smith (MO-8)5:50:05 – 5:50:14

Are there additional technical questions? Seeing none, we will move to strike the last word. Uh, Mister Smith is recognized to strike the last word.

Rep. Smith (NE-3)5:50:14 – 5:51:52

Thank you, Mister Chairman, and certainly thank you, Mister Kerry, for your effort. uh to guide this bill and and lead on this. We know that TANF exists to help families in need and it's intent to help parents and children through very difficult times and promote work and promote self-sufficiency. For too long, TANF has drifted from this mission and TANF dollars have been used for spending that is not targeted to the ones who need it the most. For example, one state used federal TANF funds for college scholarship programs including grants that benefited middle class students at private institutions. More than ninety-three million in the state's TANF funds reportedly went to tuition grants and more than forty million went to private institutions. Public reporting revealed that two-thirds of students at one school benefited from welfare funds even though the median family income of its students receiving financial aid was well above the federal poverty level. That is why this legislation is necessary. This bill restores common sense guardrails across the program and helps ensure TANF dollars are used to help low-income families move toward stability and self-sufficiency. I'm very glad to see my bill, the Targeting TANF to Families in Need Act, included in this package. I introduced this bill to ensure that TANF services are only provided to families below two hundred percent of federal poverty level. Altogether, the Preventing Waste, Fraud, and Abuse Act establishes a reasonable standard that will target TANF funds to the families who need them the most, strengthening the safety net and improving program integrity. It restores accountability and transparency to TANF and preserves help for the families TANF was designed to serve. Thank the chairman for holding this mark up and I urge my colleagues to support the bill. I yield back.

Rep. Smith (MO-8)5:51:53 – 5:51:56

Additional members wish to strike the last word. Miss Sanchez?

Rep. Sánchez (CA-38)5:51:59 – 5:55:06

Thank you, Mr. Chairman. This bill says that its goal is to prevent waste, fraud and abuse. But all it really does is let President Trump continue to use his position to punish blue states for his own political agenda. Section two of this bill would substantially increase HHS's authority to freeze or remove funds from states like California and Minnesota who have been unfairly targeted again and again and again by this administration. When President Trump illegally froze ten billion dollars worth of child care and TANF money to California, it was stopped by the courts. as being illegal. This bill would make it easier for President Trump to baselessly stop payments to states who disagree with him, and it does so under the guise of caring about fraud. And let's not pretend that the Republican Party cares about fraud. There is a lot more that I could say about this bill, but I'd like to use my remaining time to talk about the fraud coming out of sixteen hundred Pennsylvania Avenue. Just this week, President Trump created a one point seven billion dollar slush fund to pay off his supporters who carried out a violent insurrection at the United States Capitol. He has sued his own IRS for ten billion dollars and declared that he and his family are immune from audits. In the last three months, President Trump has traded more than all of Congress in twenty twenty five. His market manipulation has allowed him to pocket over four billion dollars. He sells Trump watches, Trump smartphones, Trump Bibles, and Trump guitars, profiting off of his supporters in an unprecedented breach of presidential norms. He is requesting taxpayer money for his own personal ballroom, which has already used up the money that billionaires donated to him for its construction. Remember him saying that private entities were gonna pay for that ballroom? No longer. He grants government contracts to his kids, who have significantly increased their own personal wealth since their father took office. Eric Trump boasts of Department of Defense contracts, and Don Junior has secured millions in federal support for his venture capital endeavors. And yet we have sat through a slate of bills today, targeted towards the prevention of fraud in our government. Fraud prevention is good. And as we have seen today, it can even be bipartisan. So I'm not quite sure why it has completely stopped being a bipartisan issue when it comes to the executive branch. I know that my Republican colleagues care about fraud. They proved it here today. I just wish that they would take that.

Rep. Smith (MO-8)5:55:27 – 5:55:28

Mr. Lhood.

Rep. LaHood (IL-16)5:55:29 – 5:57:57

Thank you, Mister Chairman, and um I want to thank Congressman Kerry and Chairman Thank you. Arrington for their leadership in introducing the preventing waste, fraud and abuse in TANF Act, in the TANF Act. Uh, over the past two Congresses, the Work and Welfare subcommittee has held four oversight hearings to review the TANF program, and understand where there are gaps or loopholes in the law, that make the program vulnerable to fraud and misuse. And I think it's fair to say that we've done our due diligence through these four different hearings and have a pretty good idea of what the problems are. And I think that it, uh, shared across both sides of the aisle, and, and I've heard from my Democrat colleagues on the Wo- Work and Welfare subcommittee and Republicans who have voiced serious concerns about how their states are spending Tal- Tal- TANF dollars This bill before us today, uh, includes several policies that are part of the bill I introduced called the Jobs for Success Act. My bill provides a comprehensive five-year reauthorization of TANF and focuses on changes to improve programmatic performance. integrity while integrating TANF's focus on work and helping low-income individuals find employment. The preventing waste, fraud, and abuse act is an important step in the right direction for improving TANF, and to deal with immediate concerns about state practices and put taxpayer dollar, that put taxpayer taxpayer dollars at risk. When federal welfare funds are vulnerable to waste, fraud, and abuse, the consequences are real. States face weaker incentives to ensure dollars are spent appropriately. Taxpayers lose confidence in the program. And most importantly, families who may need assistance lose out because resources are not preserved for them, as was originally intended. This is not a partisan issue. Even the Biden administration acknowledged that TANF funds were not being directed toward the individuals and families the program were intended to serve. If Congress is going to provide billions of dollars each year for TANF, we have a responsibility and an obligation to ensure that those dollars are helping the families experiencing genuine financial hardship. The Preventing Waste Fraud and Abuse in TANF Act includes basic common sense financial guardrails that most other federal programs already have and will restore accountability to preserve TANF benefits for families who truly need them I urge my colleagues to support the bill, and I yield back.

Rep. Smith (MO-8)5:57:58 – 5:57:58

Missed more.

Rep. Moore (WI-4)5:58:02 – 6:01:45

Thank you, Mister Chairman. I am I am adamantly opposed to this bill. Um, section two of this bill, the Payment Integrity Information Act of twenty nineteen, is designed to overturn court rulings that indicate we cannot provide health information to ICE. And that is the purpose of including TANF under the Payment Integrity Information Act of twenty nineteen. Um, and it, you know, Mister Kerry, I just find it laughable that you think that this bill will provide economic stability when it will enable the department to do what they did earlier this year, and to freeze ten billion dollars in child care funding, uh, social services block grant funding, TANF funding, it'll enable them to do that um more with great facility. You know, this bill is not about waste, fraud and abuse, and about our trying to to root that out. You know, it's about punishing particularly blue states for not yielding to President Trump's agenda. He wants this information, he's demanded that California, Wisconsin, other states provide him with those data, and this bill is the vehicle to getting that. Let me just say this. Um, you know, if we were going to be looking for for uh fraud within HHS, why don't we try to get the two hundred and five million dollars back? from Lawrence Durand, who was convicted of Medicare fraud and laundering, and that received clemency uh from the White House. Um, why don't we use our laws to assess funds from Chang Pieng Chow, who not only committed crypto currency fraud fraud, but partnered with Eric Trump and Donald Trump and gave them two billion dollars before he was uh pardoned. And you know the thing that's so offensive about Chang Peng Chow is that he provided financial support to some of our favorite, favorite terrorists, Al Qaeda, ISIS, and Hamas. And yet we're sitting here trying to figure out how to take more money from babies. You know, I I I I get the retribution to her. I I really do. You know, i- i- if you're Marjorie Taylor Greene and Thomas Massey, you know, and the president has told you that if you continue to pursue this Epstein stuff, you know, these this pedophile, you're gonna hurt my friends. And so Marjorie Taylor Greene and Representative Massey were handled for defying Trump. If you're mad at the Indiana state legislators, for not redistricting so you can get more seats. You know, your retribution is that they lose their seats. I I I get the retribution tour. If you're Tish James and you're the reason that I have thirty-four felonies now as the president of the United States, I get the retribution tour. I just don't get the retribution tour on our babies. And I yield back the balance of my time.

Rep. Smith (MO-8)6:01:47 – 6:01:48

Mister Arrington.

Rep. Larson (CT-1)6:01:49 – 6:02:37

Mister Chairman, if we care about babies and families who are in a bad spot, who wanna keep the family together, who want an opportunity to work and make a better way for themselves, we need to make sure these programs are sustainable. They're not sustainable today, and quite frankly, when we're borrowing two trillion dollars a year and they're or have racked up almost forty trillion in debt, none of the programs are sustainable. But the first step to not only protect the sacred treasure of hardworking Americans who are paying the tab on all of this, our salaries, these programs, the light bills. Not only are we going to protect tax dollars, but we're gonna preserve these programs. But only if,

Rep. Moore (WI-4)6:02:37 – 6:02:39

Miss, mister Errington, will you yield to a question?

Rep. Larson (CT-1)6:02:37 – 6:04:11

but only, only if, let me, let me finish and I'll, I'll yield you some time here at the end if I've got time. Look. There's three trillion dollars that have been, uh, improperly paid in the people's government for the last two decades. A hundred and eighty-six billion according to CBO in one year, which is eight weeks of gas and groceries for every family. You've got, uh, an improper payment, basically, report that's filed by most government departments and agencies that cover most programs. Fifteen federal agencies, sixty-four programs. TANF isn't part of the, isn't in the mix. They're not required to report information. And so it's no wonder that we learned about this seventy-seven million dollar fraud in Mississippi, where monies during twenty seventeen and twenty twenty, TANF monies, were going to fund athletic facilities and resort hotels. We have no eyes on this. To me, this is pretty straight forward uh at least the the eliminating fraud and improper payment and TANF act which is to bring these uh the these monies into the fold it's seventeen billion dollars annually uh HHS says they don't have the authority to collect this money um and if we again if we want this program by the way the program was supported by a hundred and twenty three democrats in nineteen ninety six

Rep. Moore (WI-4)6:04:11 – 6:04:12

And I wasn't here.

Rep. Larson (CT-1)6:04:12 – 6:04:57

when president Bill Clinton and signed it, well that's fine, cuz I don't think a single Democrat that I know of, ma- I can't say that, there may be a handful, but I don't know many Democrats that would have s- signed off on, on a welfare to work program whose statutory definition was to quote, " care for children in their home, end dependence on government, uh, uh, uh, promote work and marriage, uh, encourage the formation and maintenance of the nuclear family." You're right. You weren't here, I don't know many people here. I don't know some Republicans that would sign off on that. It's a little old-fashioned, I think, for most people, but I actually think these are the critical success measures of the society because we're only as good and as strong as our weakest link,

Rep. Moore (WI-4)6:04:53 – 6:04:53

Oops.

Rep. Larson (CT-1)6:04:57 – 6:05:25

and we're only as strong as our families are strong. And that's what this is all about. And yet, we can't even support having eyes on the money so that we can make sure that every diamond dollar goes to the needy families on TANF and not to fraudsters that are trying to underwrite the next, uh, you know, football stadium in Mississippi. So, I, uh, for the life of me and Gwen, I'm gonna let you go and t- and and say your pr-

Rep. Moore (WI-4)6:05:25 – 6:05:27

Yeah, I'm just waiting for you to yield.

Rep. Larson (CT-1)6:05:26 – 6:05:29

well, well, it's my time, so I'm just gonna take my time,

Rep. Moore (WI-4)6:05:28 – 6:05:29

It, it is.

Rep. Larson (CT-1)6:05:29 – 6:05:30

work through a little bit.

Rep. Moore (WI-4)6:05:29 – 6:05:30

I'm waiting, I'm waiting.

Rep. Larson (CT-1)6:05:30 – 6:06:06

But, but it's I, I'd like to know why you or anybody else would oppose reducing that hundred and eighty-six billion dollars in improper payments, or the five hundred billion a year in fraud. We did it. We did it. I'm gonna give you some time. We did it. To the tune of a trillion dollars in two programs, we said if you're illegal in this country, if you're ineligible for the program, or if you're able to work and not working, you're no longer going to siphon money away from programs that are critical to people who desperately need them. Now,

Rep. Moore (WI-4)6:06:06 – 6:06:07

There you go.

Rep. Larson (CT-1)6:06:06 – 6:06:11

I wanna know why you wouldn't support this or your colleagues, and you don't have the utmost respect for it.

Rep. Moore (WI-4)6:06:09 – 6:06:16

You you just said it. You just said it, Mr. Arrington, you just said the whole focus of getting this information so we can

Rep. Larson (CT-1)6:06:15 – 6:06:17

I yield to the gentlelady. I yield to the gentlelady.

Rep. Moore (WI-4)6:06:17 – 6:06:38

Thank you for yielding. Is that we wanna root out and see who's an immigrant and who's not. And the consequence is is that you would have them freeze ten billion dollars To - to the - an - an entire state. So you can find that one immigrant that you think is getting kind of benefits.

Rep. Larson (CT-1)6:06:38 – 6:06:39

You have

Rep. Moore (WI-4)6:06:39 – 6:06:40

That - that's cruel.

Rep. Larson (CT-1)6:06:40 – 6:06:42

eighteen - eighteen hundred hospice organizations,

Rep. Moore (WI-4)6:06:40 – 6:06:40

You -

Rep. Larson (CT-1)6:06:42 – 6:06:44

half of which are totally

Rep. Moore (WI-4)6:06:42 – 6:06:46

Listen, I - you - I'm against one point eight billion dollars less?

Rep. Larson (CT-1)6:06:46 – 6:06:48

Re- re- reclaiming my time,

Rep. Moore (WI-4)6:06:46 – 6:06:48

Man, I'm - I'm against -

Rep. Larson (CT-1)6:06:48 – 6:07:00

uh, uh, reclaim my time with two seconds left. Eighteen hundred hospice, uh, uh, organizations in LA County, nine hundred are complete rackets. And yeah, they shut it down. God bless this administration.

Rep. Moore (WI-4)6:07:00 – 6:07:02

Babies are not in hospice.

Rep. Larson (CT-1)6:07:02 – 6:07:03

Well

Rep. Moore (WI-4)6:07:03 – 6:07:06

They they are somewhere trying to eat. That's what they're trying to do.

Rep. Larson (CT-1)6:07:06 – 6:07:10

And they're gonna have a lot better chance if we follow the money and make sure

Rep. Moore (WI-4)6:07:09 – 6:07:15

No, they're not gonna have a chance if you if the HHS can can freeze the money.

Rep. Larson (CT-1)6:07:10 – 6:07:25

she's not being defrauded. Mr. Chairman. Mr. Chairman. Thank you for the indulgence and for that civil debate. Uh Uh, Mr. Chairman, thank you for the indulgence I yield back.

Rep. Neal (MA-1)6:07:25 – 6:07:26

I move we let them go.

Rep. Larson (CT-1)6:07:26 – 6:07:30

Additional members wish to strike the last word. Mister.

Rep. Smith (MO-8)6:07:30 – 6:07:31

Mr. Herne.

Rep. Neal (MA-1)6:07:33 – 6:07:33

She want more time?

Rep. Smith (MO-8)6:07:34 – 6:07:36

OK, um, Miss Tinney.

Rep. Moore (WI-4)6:07:34 – 6:07:37

Yeah, I'd, if you like, then I'd like to be recognized.

Rep. Tenney (NY-24)6:07:37 – 6:10:35

Thank you, Mister Chairman, and I just wanna say, uh, I love following uh, Miss Moore, she's one of my favorites over there. Um, but, uh, I moved to Stride-Lessward and I wanna especially thank Mister Kerry for piecing this together and Mister Arrington for his thoughtfulness in doing this, and, uh, just wanted to talk a little bit about coming from a state like New York, which is a lot bigger, has a lot more fraud, uh, than probably any other state, maybe save California. But, you know, the temporary assistance to needy families program was created to actually help families in poverty to meet the urgent needs while supporting work and long-term self-sufficiency. Unfortunately, as we all know, and the reason we have this bill is TANF has become too easy for states like New York, to treat it as a slush fund instead of a program focused on Americans who truly need our assistance. When Congress provides federal TANF funds, Those funds should increase support for low-income families. That money should not simply replace state dollars that were already being allocated to another program. And that is why why we should not allow states like New York to move the money to other state priorities that do not support this program. They undermine the people that we're trying to to vary people we're trying to support. Um, this person, this pu- this this undermining of the people that it's supposed to to support actually hurts them in the long run and adds more fraud abuse in ways that we don't need that also hurts the taxpayers. So New York State in particular has been one of the most egregious offenders diverting federal funds to subsidize their own poor policies and decision making. That's why uh I joined with this bill, I lead the Protect TANF resources for Families Act with Representative Bean, thank you for supporting and being a big part of this. I know Florida is a much more fiscally responsible state, but fraud is where it is. Uh and this is why that uh is included in the bill today. Uh, this bill is very simple. Federal TANF funds can only be used to support families in poverty, not state budget gaps. It's a core mission. States will continue to have the flexibility to operate TANF in ways that work uh to uh to serve communities, but the flexibility must come with responsibility. Federal dollars provided for needy families should remain focused on needy families. States like New York have spent over two billion dollars laundering TANF funds into their general fund to su- supplement uh bloated state budgets and to create refundable tax credits instead of using the funding as intended. And I'll just say, I just looked on my phone, New York State just did another extender, we're probably gonna see a two hundred and sixty-eight billion dollar budget, which is fifteen billion dollars more than last year and double what it was ten years ago when I served in the state legislature. So the preventing waste, fraud, and abuse, and the TAN effect is an important step toward restoring accountability, protecting limited resources, and making sure TANF serves the families who truly need our help. I urge my colleagues to support this bill and I yield back.

Rep. Smith (MO-8)6:10:36 – 6:10:37

Mister Nuln.

Rep. Neal (MA-1)6:10:38 – 6:10:40

Thank you, Mister Chairman. I'd like to yield my time to Miss Moore.

Rep. Larson (CT-1)6:10:42 – 6:10:43

Well, the gentle lady yield.

Rep. Moore (WI-4)6:10:46 – 6:11:25

I just wanna thank uh the ranking member for yielding to me. And I do want to ask some questions with this time. I'll start with Miss Tinney. Miss Tinney, did uh would do you agree would your bill, your provision in the bill um to prevent uh uh i- uh Tana from being used to f- to fill budget gaps, would you would you would providing um child tax credit or refundable tax credits, EITC be allowed under your provision

Rep. Tenney (NY-24)6:11:27 – 6:11:28

We're trying to focus this

Rep. Moore (WI-4)6:11:28 – 6:11:28

for poor people.

Rep. Tenney (NY-24)6:11:28 – 6:11:31

yeah so thank you, Ms. Moore, and uh we're trying to

Rep. Moore (WI-4)6:11:30 – 6:11:33

If if it's a refundable it's cuz they're poor.

Rep. Tenney (NY-24)6:11:33 – 6:11:37

Great, well what we're trying to focus on is making sure this money goes to needy families,

Rep. Moore (WI-4)6:11:37 – 6:11:38

Uh-huh.

Rep. Tenney (NY-24)6:11:38 – 6:11:50

not being used for other parts other programs because once you get off the mission of TANF and you h- start seeing the mission creep that has happened in states like New York you see two billion dollars I mean two billion dollars is a lot of money. Okay, all right. Think, think, think.

Rep. Moore (WI-4)6:11:51 – 6:11:52

Thank you, thank you for that.

Rep. Tenney (NY-24)6:11:51 – 6:11:52

It's not, it's not sense.

Rep. Moore (WI-4)6:11:52 – 6:12:06

Thank you for that. Um, I, I, I guess I wanna talk to, to, uh, Mister, uh, Arrington again. Do, do you think that, did he leave? He's not here. No. Oh, God, he's here.

Rep. Tenney (NY-24)6:12:06 – 6:12:07

No, he's not here.

Rep. Moore (WI-4)6:12:07 – 6:12:27

Do you, do you think that, do you, do you agree with the actions earlier this year of the president when he froze ten billion dollars? and funding. And, and do you, do you intend for this bill to, uh, empower HHS to continue doing that?

Rep. Larson (CT-1)6:12:29 – 6:12:48

If tax dollars are are leaking out in fraud in a particular program of any kind, of any nature, anywhere in the federal government, in the way we've seen it in hospice fraud and Medicaid fraud in Minnesota, yeah, the the answer is it would be

Rep. Moore (WI-4)6:12:53 – 6:13:09

OK, so, so, so, so what happens to those kids when the monies are frozen? Are those women who you want to go to work, they're on TANF, they rely on child care, what happens to them while it's froze,

Rep. Larson (CT-1)6:13:06 – 6:13:07

Yes.

Rep. Moore (WI-4)6:13:09 – 6:13:09

fro- frozen?

Rep. Larson (CT-1)6:13:09 – 6:13:37

Well, the, the s- the states are recipients of significant tax dollars, tax dollars from the federal government or rather rather subsidies and and forms of grants and reimbursement payments, those are fungible dollars A. B, there's no law against the states having stopgap measures to fund where there are real needy folks who are, uh, are are losing out because of the larger,

Rep. Moore (WI-4)6:13:37 – 6:13:41

M- m- m- m- m- m- m- mister, mister Errington, there's a

Rep. Larson (CT-1)6:13:37 – 6:13:42

uh, defrauding of the government. So, so there's a safety net at the state level.

Rep. Moore (WI-4)6:13:41 – 6:15:37

No, no, no, there isn't. Now, we can't use transportation funds in Wisconsin or education funds to backfill the child care money that's come out of TANF. That's not true. That's money is not fungible. That, you know, there's no program integrity in anything if you could do that. Oh, we don't have child care money, so let's just take it out of the education pot. That, you, you, you, transportation. Sean Duffy would have a fit if we did that. We, that's not true. You're just talking, is what you're doing. You know, it is not true. You are losing sight of the victims of this policy. People who can't go to work. They're six years old. Women who are trying to get back in the workforce. And they, what are they gonna do, leave their kids at home while they go meet the work requirements? Until HHS gets that file? And until they force the governor to send the file so that they can empower ICE. It it, you know, and so That's ridiculous. I'm gonna yield some time to my friends here, cuz I'm just too upset to keep talking. Can I yield time to you, Miss Chu? Close it out for me, not forty seconds. You guys, I have sat here all day talking about waste, fraud and abuse, and I will not allow you to designate providing monies to children and families, the poorest of the poor, as waste, fraud and abuse, I will not allow you to sit here and glorify a one point eight billion dollar fund for criminals, you know, to glorify the pardoning of people who provided two billion dollars Yeah.

Rep. Larson (CT-1)6:15:38 – 6:15:38

Yeah.

Rep. Moore (WI-4)6:15:39 – 6:15:54

in block chain funds to Donald Trump. and then to say that all of the fraud is contained in this program that feeds babies. I will not do it. Bye. I'm out. Mister Kelly.

Rep. Kelly (PA-16)6:15:54 – 6:15:57

Thank you. And I'll give you my time, Mr. John Arrington.

Rep. Larson (CT-1)6:15:59 – 6:17:47

Listen, I I appreciate the gentlelady's uh heart for uh the the uh economically disadvantaged and those who are struggling and those who this program and many other programs are designed to wrap around and support or to provide as a safety net. But, eh, but, but, but you know what, I feel the same way, but on a different issue. I won't let somebody just wrap the flag of children and families and apple pie and motherhood and s- in a way to avoid in an effort to avoid any stewardship of tax dollars. a hundred and eighty-six billion a year, five hundred billion in fraud a year. What, my question is, what, what have you done, uh, what have you all done as a party when you had unilateral control to, to infuse the program integrity and place the, uh, financial controls and anti-fraud measures so that we don't have money siphoned off from these programs and make them weaker and less sustainable. So, you you're you're right. There there are always uh there are always challenges, and there are always people who fall through the cracks. But to not have any program integrity, to not in the p- in the case of TANF have even the reporting mechanism, so that you have the information to know, like the case in Mississippi where seventy-seven million dollars was used, not for needy families but for football stadiums. So I just again, for the life of me, um, I've heard of a lot of of uh excuses not to,

Rep. Moore (WI-4)6:17:45 – 6:17:47

W- w- will you give us the area, too?

Rep. Larson (CT-1)6:17:47 – 6:18:04

uh, not to protect taxpayer dollars and preserve these programs, but they all end with doing nothing. That's the thing. At the end of the day, the reality is, and I mean I hate to say this because I'll, I, I mean I really like many of you,

Rep. Moore (WI-4)6:18:03 – 6:18:05

You're being recorded.

Rep. Larson (CT-1)6:18:05 – 6:18:07

well, I, I, listen.

Rep. Moore (WI-4)6:18:06 – 6:18:07

Say it. Go on and say it.

Rep. Larson (CT-1)6:18:08 – 6:18:10

I don't mind being recorded. I hope I'm recorded.

Rep. Moore (WI-4)6:18:10 – 6:18:11

Yeah, say it.

Rep. Larson (CT-1)6:18:11 – 6:19:42

But I, you ha- I haven't seen anybody on that side of the aisle do anything to bend the curve on improper payments and fraud. Because you'll be attacked by your own people for the very reasons you're using to not sign off on the very simple measure of having the information to know when and where we are being defrauded, and wasting tax dollars. That's why it never happens. We can say we agree on we don't want to waste tax dollars, that we don't want the federal government, the people's government, to be defrauded. That's easy to say. It's harder to do. We just did it. And we were vilified, day in, day out, that we were throwing people out into the streets and we were taking food from the mouths of hungry children. And that was not true. That was fear-mongering. What we were doing is preserving the programs that were feeding the hungry children. that were providing the safety net health care services. But, but, hey, you gotta have a little guts around here if you're gonna do some, uh, do something right, even when it's tough and unpopular and you know you're gonna be criticized, you're going to be disparaged every step of the way. And that's what's happened. But I don't have any, I'd like to know one example of where y'all have passed a bill that has reduced waste, fraud, and abuse since the, in the ten years I've been here. I'm sure you've got one. I just wanna know what it is. And I'll yield a minute and twenty-five seconds to Miss Moore if you've got an example where you all have done that. I'd like to know.

Rep. Moore (WI-4)6:19:42 – 6:20:10

Mi- Mister Arrington, every single Democrat on this committee supported, not given, Brett Favre the ability to build a tennis court for his daughter's school, every single one of us. But I'm gonna tell you this. When ending welfare as we know it was passed in nineteen ninety-six, this was an entirely Republican Congress. both the House and the Senate, and Bill Clinton signed that bill into law.

Rep. Larson (CT-1)6:20:10 – 6:20:10

Yes.

Rep. Moore (WI-4)6:20:10 – 6:20:49

Y'all designed the program for that flexibility that enabled Brett Favre to do that. And I hated that he's the example because, you know, when when we passed a bill in Wisconsin before it got here, they had bonuses for everybody. I mean, you could make two, three million dollars running a welfare program. If you diverted people from from getting benefits, You were allowed. We had what we called diversion specialists. And it was their job to talk people out of getting benefits. And they were able to keep that money and to provide bonuses for themselves.

Rep. Larson (CT-1)6:20:48 – 6:20:52

But we can't prevent that if we don't even have the information.

Rep. Moore (WI-4)6:20:51 – 6:20:53

You you you designed the program.

Rep. Larson (CT-1)6:20:52 – 6:20:57

And we don't have HSS with the authority to request it so that we can prevent it.

Rep. Moore (WI-4)6:20:56 – 6:21:01

The only reason you want this money is because the court told you that you couldn't give it to ICE.

Rep. Larson (CT-1)6:21:01 – 6:21:09

Wow. Well, I've got no time left. What So I guess I'll let my friend uh Miss Moore have the last word.

Rep. Smith (MO-8)6:21:09 – 6:21:11

No, there's no last word.

Rep. Larson (CT-1)6:21:09 – 6:21:10

Um, but

Rep. Smith (MO-8)6:21:11 – 6:21:14

We're we're eleven seconds over. Yeah.

Rep. Larson (CT-1)6:21:15 – 6:21:17

Well, then she snuck one in there on me, Mister Chairman.

Rep. Smith (MO-8)6:21:15 – 6:21:38

Thank you, Mister. Thank you. Thank you. Mister Horsford. Okay, okay. Um, Mr. Bean.

Rep. Bean (FL-4)6:21:39 – 6:24:26

Mr. Chairman, thank you very much. Uh, I just wanna remind everybody what we're talking about, temporary assistance to needy families, TANF. If you're on TANF, uh, you're probably not at rock bottom, but you're so close. Every family is different, but the typical family that's received Tanaf is a single mom. She's got two point one kids. She works one point two jobs. She drives a fourteen year old car. One of the windows doesn't work. Uh, she's debating about putting duct tape on it because, uh, going to the going to a repair shop is just out of the question. There, there's no money for that. Money's going for diapers and baby food. And so we as a Congress created this program for that person, that that brave woman who never envisioned she would be on TANF or be circling the drain. And we gotta throw 'em a lifeline. So uh, we never envisioned either our partner in the TANF program cuz we all wanna help that mom, that that brave soul who is doing what she can. So we throw our lifeline and we partner with the states to say, " Help this woman." We never envisioned the state would take the money and put it into anything but help for that, for that mom and her family and her babies. Yet, here we are. We had example after example. we can pretend it doesn't happen, but we got example after example. It's football stadiums, it's roads, it's transportation, it's scholarship programs, it's a lot of states. And we don't wanna single out any state, but almost all of them are on the board. I wanna remind you, and if you're tuning into C- C- SP- uh C- SPAN and watching this debate, we- there's a program we're trying to trying to help people, we're trying to eliminate fraud, waste, and abuse, and if you wanna help that woman struggling for her kids and you wanna vote yes, cuz you want all the money to go. If you say it never happens, then you're gonna vote yes, cuz you say let's have that, those guardrails to make sure that brave soul out there and other families like her are not gonna go down that drain. We're gonna give them help temporarily to give them that hand up that we can make it happen. So I'm, Claudia Tenney, we partnered together. Uh, Mike Carey. Mister Errington, I'm proud of you, cuz you said,

Rep. Smith (MO-8)6:24:41 – 6:24:51

Are there additional members that wish to strike the last word? Seeing none, we will move to amendments. Um, are there any amendments to the amendment in the nature of a substitute?

Rep. Bean (FL-4)6:24:52 – 6:24:53

Yes.

Rep. Smith (MO-8)6:24:53 – 6:24:54

Mister Davis.

Rep. Bean (FL-4)6:24:54 – 6:24:55

Mister Davis.

Rep. Davis (IL-7)6:24:57 – 6:25:00

Thank you, Mr. Chairman. I have an amendment at the desk.

Rep. Smith (MO-8)6:25:01 – 6:25:18

A point of order has been reserved, Mister Davis, could you suspend while the amendment is distributed? You can proceed, Mister Davis.

Rep. Davis (IL-7)6:25:19 – 6:29:52

Mr. Chairman, I offer a common sense amendment to conduct oversight into the Trump administration's actions in the temporary assistance for needy families are tandem that harm our constituents. In January, twenty twenty-six, the Trump administration withheld ten billion dollars in federal funding for essential services that support millions of Americans served by the Child Care Development Fund, and the Social Services Block Grant in the five states, California, Colorado, Illinois, Minnesota, and New York. The Department of Health and Human Services, or HHS, has no statutory or constitutional authority to prevent states from accessing these funds. Importantly, in February, twenty twenty six, a federal judge granted a preliminary injunction to block the Trump administration from withholding the funds to the five states until the legality of the freeze is decided. This injunction is fundamental to preventing harm to children, families, the elderly, people with disabilities, community organizations and businesses that will occur without the court's injunction. HHS has refused to provide us with requested information about any legal basis for the freeze or even any evidence of the so-called fraud that is their pretext. As the authorizers of these fund streams, we know that the statutes governing these funds outline clear, specific processes for how to identify and sanction non-compliance and the administration followed none of them. Allowing the administration to proceed without congressional intervention sets a dangerous precedent of letting the executive branch ignore the laws Congress enacted, governing mandatory funding streams for all states. My amendment would require Health and Human Services to answer basic congressional questions about the Trump administration's revenge freeze of talent funding in five states before implementing the bill. HHS would provide Congress with information related to the freeze, including internal communication about the real cause of the freeze, the various contracts HHS is violating in addition to the statutory provisions and how the freeze is being implemented. We want to make sure that we have this information before we trust HHS to implement any changes to TANF, particularly the broad new authority to penalize states for HHS's judged errors in section two. Given the administration's recent one point eight billion dollar slush fund, for President Trump and HHS's recent politicization of vaccines and other health initiatives, now more than ever, it is essential that Congress play an active role in oversight to ensure that the Trump administration is operating appropriately without political motivation. I urge that my colleagues support this important amendment and yield back the balance of the time.

Rep. Estes (KS-4)6:29:55 – 6:30:02

Thank you. Uh, gentlemen yields back. Is there anyone wishing to strike the last word? And I'll I'll recognize Mister Schmucker to strike the last word.

Rep. Smucker (PA-11)6:30:01 – 6:33:38

Mm-hmm. Uh, tha- thank you. And I'd like to, um, like to speak in opposition, uh, of this amendment, and, uh, really to do, I'd like to get back to the conversation that occurred. uh between mister errington and miss moore um and uh you obviously that was we saw an argument occurring there um but like if you really think or at least from my perspective if you think about this i think they both had good arguments and i think both um could come together to achieve what is i think a common goal for us and that is to ensure that these programs maybe errin bean put it best to ensure that the programs designed to help individuals who truly need it, all of us believe in that. Um, we we want we should all want to ensure that those dollars truly go to those individuals. Uh, and so, uh, uh, back, as I said, the argument between Ms. Moore and Mr. Arrington, I think you two are closer and maybe perhaps all of us are hopefully a little closer on this than what would appear from that um discussion. Um, the only alternative would be, uh, to having, um, provisions in place that require States to do the proper certification or verification or whatever. The only alternative is if you believe that there should be no justification or verification for f- uh federal dollars going to individuals and that doesn't make sense to anyone here, I don't think. So I think we can all agree there should be some system of verification and justification Um, and so I frankly think what the administration is doing here in regards to these five states, where we've seen fraud, is long overdue. I think we should have that kind of look. In fact, I th- uh, one of my views for some time as we started looking at this is that I think there's a really important flaw in the way these systems are designed, where most of the federal, most of the dollars is coming from the federal government. uh with not a lot of skin in the game from the from the States who are the ones who carry out the programs. So there's really no incentive to make sure um at the state level, I say no incentive, maybe that's a little bit of a uh overstatement, but there's not much incentive for States to put the proper provisions in place. And so um I think it's very important that we insure the dollars intended to help Americans who truly need a hand up are getting to the Americans who truly need a hand up. That means we don't want to see any dollars diverted to someone who doesn't need it, uh, or even in some cases to, uh, illegal aliens, domestic crime rings, violent criminals. States should be asked to provide the verification and justification to ensure that that there is proper stewardship of these, uh, federal funds. Um, and so, again, I think, uh, I understand and then Mr. Davis's intent here, but I think this investigation on welfare fraud is long overdue. Uh, and so I think it's I think this this, um, bill is important and I think this amendment would essentially gut the bill. So, uh, we cannot allow the status quo of fraud and abuse to continue at the expense of families who truly need the money and vulnerable children. So I

Rep. Chu (CA-28)6:33:38 – 6:33:38

Yes.

Rep. Smucker (PA-11)6:33:38 – 6:33:42

uh, urge my colleagues to vote against this amendment and support the underlying bill. I'm gonna call on this meeting to discuss the bill.

Rep. Chu (CA-28)6:33:43 – 6:33:43

Mm-hmm.

Rep. Smucker (PA-11)6:33:43 – 6:33:45

Um, if you were just handing out the

Rep. Estes (KS-4)6:33:45 – 6:33:45

Thank you.

Rep. Smucker (PA-11)6:33:45 – 6:33:46

Oh, sorry.

Rep. Estes (KS-4)6:33:46 – 6:33:50

I recognize, uh, Miss Chu for five minutes to strike the last word.

Rep. Chu (CA-28)6:33:51 – 6:33:51

Thank you.

Rep. Estes (KS-4)6:33:52 – 6:33:53

Sorry.

Rep. Chu (CA-28)6:33:53 – 6:34:32

Well, I cannot believe that you would say that Democrats aren't fighting fraud. Actually, I have a bill, HR twenty-one O eight, along with Danny Davis, Gwen Moore, Dwight Evans and Jimmy Gomez, to do exactly that, but we were shut out of the process, and now this bill, which does far less, is on the floor. And so, why would you claim that we are not fighting fraud when we are actively doing that, and have wanted to get this passed?

Rep. Estes (KS-4)6:34:30 – 6:34:30

Yeah.

Rep. Smucker (PA-11)6:34:31 – 6:34:32

Well, the general women do.

Rep. Chu (CA-28)6:34:32 – 6:36:55

And this is my time, so I would also like to add to why I support Ranking Member Davis's amendment, which is that earlier this year the Trump administration illegally froze ten billion dollars in congressionally authorized and appropriated funding for s- child care and social services in five states including in my state of California. And it included more than seven billion dollars in TANF funds nationwide. TANF is a lifeline for millions of low-income families in the and a vital source of child care and child welfare funding in many states. But the Trump administration keeps saying they're freezing these funds due to fraud, and yet in the letters HHS sent to the five democratic states notifying them of the freeze, HHS did not provide a single piece of evi- evidence to back up their claim. And that tells us everything we need to know. This was not about fraud. It's about President Trump's petty political agenda and his desire to attack and punish blue states. So let me be clear, the payment freezes are completely illegal under current law, that's why multiple state attorneys general have sued, and why the courts continue to temporarily block the payment freezes as litigation plays out. But the administration hasn't stopped there. They've also implemented an illegal defend the spend scheme. for child care funding, which is where they withhold funding from states until they submit data not required by law. Remember, not required by law. So we already know the administration is trying and failing to use this data from states like California for these purposes and also to get the immigration statuses of the parents of citizen children. So, that is where H.R. eighty eight seventy-two comes in, it's clear it's not about fr- fighting fraud, but trying to establish in federal law a new way for this administration to justify withholding s- funding from states that they are not legally entitled to. So I strongly support Ranking Member Davis's amendment, and I yield back.

Rep. Estes (KS-4)6:36:56 – 6:37:01

Thank you. I recognize uh, Mister uh, Hearn from from Oklahoma for five minutes to strike the last word.

Clerk6:37:01 – 6:37:05

Mr. Chairman, I yield uh my time to the gentleman from Pennsylvania.

Rep. Smucker (PA-11)6:37:06 – 6:38:01

Uh, uh, thank you for yielding. I just wanted to respond to uh the statement from Miss Chu, and maybe she wasn't referring to me, I took it that she was, but like I did not uh say anything about Democrats not wanting to fight fraud. Maybe that was said by someone else here, I don't know. Um, uh, but uh well, uh, I just wanted to be, I wanted to clear the record to be sure. Uh, but then I also wanted to make the other point, like, if you do indeed have a bill that goes further than this bill, certainly we should look at it, but then why wouldn't you also support this bill? So I think, you know, it'd be a great first step if you feel that this doesn't go far enough, at least this is something we have that we could vote on today, that takes a first step, and then we should continue discussions on other ways that, um, that we could fight fraud. So I'd, uh, urge support, uh, for this bill and I think it would make sense for all of us who all should be concerned about this to support this today.

Clerk6:38:02 – 6:38:06

And uh I'll yield some time to my friend from Texas.

Rep. Larson (CT-1)6:38:05 – 6:39:57

I'll I'll try to make this really quick in case I said something that uh, cuz I don't wanna have any regrets, but uh you know I'm I'm retiring here in just several months, so I'm gonna try to get out with as few regrets as possible. I bet there are Democrats that want to reduce fraud and waste, if not all Democrats who would like to reduce fraud and waste. But I haven't seen any effort materialize in a bill when we, Republicans, unilaterally through reconciliation, went after the largest savings of - of - of preventing fraud and waste, which was over a trillion dollars, we got, uh, nothing but a false narrative and fairmongering from my Democrat colleagues that we were throwing people into the streets and that we were undermining the programs and vulnerable people wouldn't have be able to avail themselves. And that is just wrong. But it is that very narrative that I think, and some of the groups that uh uh that you advocate for, I don't think that that you could collectively actually do it. You might want to do it, but to have the political will to do it, I think is another thing. Now, maybe there are examples. I just simply asked for examples of when you've done it. Uh, you all clearly had unilateral control of Congress. when you pass the Inflation Reduction Act and and the COVID relief, et cetera, et cetera. I can point to where we recently did it in spite of the uh unfortunate and um baseless criticisms. I'm wondering where you all have done it because it seems like it's always some excuse not to do it. And so that that's uh my position on it. I just wanted to clarify in case it was misunderstood. Thank you, my friend from Oklahoma.

Clerk6:39:59 – 6:40:03

That's a little stretch, friend. Anyway, they uh I yield back my time.

Rep. Estes (KS-4)6:40:04 – 6:40:08

Thank you, Mr. Excuse me. Now I recognize Mr. Thompson from California.

Rep. Neal (MA-1)6:40:08 – 6:40:10

Thank you, uh, Mr. Chairman.

Rep. Estes (KS-4)6:40:08 – 6:40:09

Five minutes to strike left for six.

Rep. Neal (MA-1)6:40:10 – 6:41:43

I move to strike the last word. Uh, I'm not sure who said it, uh, but I believe it has been said a couple of times, as mentioned, uh, that Democrats haven't done anything about fraud. Someone said Democrats don't care about it. Well, that's just nonsense. Uh, everyone cares about fraud. Uh, everyone would like to be able to ferret out all the fraud and stop it. Um, and - and to suggest otherwise is pretty foolish. As a matter of fact, Democrats are pretty good on - and have a pretty good record on doing things such as keeping the inspector generals that this administration, with the help of our colleagues on the side, have done away with. And that's what inspector generals do. They work on these things, they try and find problems, they bring it to us, and we're supposed to act. A number of uh my colleagues on this side of the aisle just today talked about fraud, an unbelievable amount of fraud, committed by people who were then pardoned by this president. One in particular, this guy Paul Walzick, who owed restitution of four million dollars to people he frauded. His mother gave a million bucks and the president pardoned him. As a matter of fact, I I would like to ask unanimous consent to put this newspaper article about Mister Walczek and his fraud and the pardon into the record.

Rep. Estes (KS-4)6:41:43 – 6:41:44

Without objection, so ordered.

Rep. Neal (MA-1)6:41:44 – 6:42:48

Thank you uh very much. And we already heard about Miss Chu's bill, HR twenty-one O eight, which is a fraud bill uh that got no attention here, no hearing. Uh, you guys control the agenda. Why, if i- if fraud is such a big issue and we have an idea to curb it, why don't you put our stuff out? And then I also would like to enter into the record without objection, a letter that I already entered into the record during a ways and means hearing, a letter from me to then Attorney General Bondi, asking for information about all the waste, fraud, and abuse that this president said Elon Musk and his dogebros uh were able to find. He said it was it was amazing the amount of fraud, waste, and abuse, and we haven't seen one dribble of evidence that anything came out.

Rep. Estes (KS-4)6:42:45 – 6:42:45

No.

Rep. Neal (MA-1)6:42:48 – 6:43:45

We heard nonsensical things about people who were a hundred and thirty-five years old collecting social security, everybody on this dais, both sides know that that's nonsense, and and it just goes on and on and on. So if you wanna work to curb waste, fraud, and abuse, let's do it together. And please, don't s- continue to say that people on our side of the aisle don't want to curb, waste, fraud, and abuse. You know that's nonsense. We know that's nonsense. The American people know that's nonsense. And I would submit that we can in fact work together on this without penalizing people that depend on some of the programs that are the federal government is responsible for, that helps kids, helps people uh in uh in in tough situations, get through those tough situations,

Rep. Doggett (TX-37)6:43:44 – 6:43:45

Yield.

Rep. Neal (MA-1)6:43:45 – 6:43:47

and I yield the balance of my time,

Rep. Doggett (TX-37)6:43:47 – 6:43:49

Well, I'll only only to uh

Rep. Neal (MA-1)6:43:47 – 6:43:48

Mister Doggett.

Rep. Estes (KS-4)6:43:48 – 6:43:52

Without a without objection, I let's order to uh enter the letter into record.

Rep. Doggett (TX-37)6:43:52 – 6:44:53

Thank you. To tell you that um I have two anti-fraud pieces of legislation. I asked to have them heard today. Uh, I've discussed one of them here. I've discussed the other one on other occasions. But it's a totally one-sided event. And it is a problem that what is fraud to any reasonable person may be a profit center for someone else. And so you get a special interest group with a lobbyist and a political action committee and they say, well, don't, touch what we're doing. I mean, maybe there are some fraudulent people, but we're not fraudulent. And when that happens, these folks who are so eager to talk about fraud, they don't want to push forward with strong anti-fraud provisions. And that's why those bills are not being heard today, uh, and why instead of an elephant in the room, that's why the Republicans talk about the elephant in the room that's fraud. But when you get down and you look at this skimpy list of proposals we've had today, What they're really about is the mouse of fraud. Thank you.

Rep. Estes (KS-4)6:44:55 – 6:44:57

Anyone else wish to strike the last word?

Rep. Neal (MA-1)6:44:58 – 6:44:59

Horsford.

Rep. Estes (KS-4)6:44:59 – 6:45:00

Mister Horsford.

Rep. Horsford (NV-4)6:45:01 – 6:49:24

Thank you, Mister Chairman, I move to strike the last word. Uh, I also want to talk about what's really at the center of this issue, and I first wanna commend uh my colleague, Mister Davis, for bringing forward this amendment. Uh, because if we're serious about preventing fraud in TANF, then we should actually prevent fraud. That's exactly why Democrats introduced HR twenty-one O eight, the TANF State Expenditure Integrity Act, legislation that I'm proud to cosponsor, um, that would directly address the real sources of TANF fraud, which is corrupt contractors, abuse, and bad actors who misuse taxpayer dollars. Now Republicans refuse to even hold a hearing on that bill. But let's be honest about what this legislation actually does. It does not identify a single proven instance of fraud that it would correct. Instead, it gives this administration broad authority to create its own formula for so-called state error rates, demand data from states, and use that as justification to then freeze critical funding that families depend on. That is not targeted oversight. That is abuse of arbitrary power. And let's be clear about the broader hypocrisy here. This le- same legislation, um, is happening at the same time that they're trying to push this one point eight billion dollar Trump GOP enforcement slush fund for politically motivated investigations and accusations while claiming this is somehow about protecting taxpayer dollars. You wanna protect taxpayer dollars? Kill this slush fund. Taxpayer dollars don't matter when it comes to Trump's slush fund. It only matters when it comes to temporary aid for needy families. I agree that oversight matters, accountability matters. But accountability should mean rooting out actual fraud, not creating a political weapon to target states and punish struggling families. Because temporary assistance for needy families, whether they're in Nevada or elsewhere, um, is not a luxury. It's a bridge. It's a lifeline. It helps families keep a roof over their heads, maintain child care so that parents can actually go to work, something that you say that we want to do, keep food on the table and to keep the lights on while they get through hard times. And at a moment when working families are already being crushed by rising cost, this majority should be focused on delivering real relief to - to those families, relief from illegal tariffs that raise prices on American families. relief from skyrocketing housing costs, relief from higher groceries and utility bills, relief from gas prices fueled by global instability. That's what working people are worried about. And this bill doesn't address any of that. Not not whether Washington politics can invent new ways to freeze aid and make their lives harder, meanwhile giving Trump a one point eight billion dollar slush fund? If Republicans truly wanted to partner on real TANF integrity reforms, I'm ready. Members on this side, we're ready. We've already put forward legislation to do exactly that. But I will not support handing this administration unchecked authority to punish families under the guise of fighting fraud while building a billion dollar enforcement apparatus for partisan purposes. That is not reform. That is collective punishment disguised as oversight. So I urge my colleagues to support Mr. Davis's amendment, which gets to the root cause of why we are here in the first place. And I yield back.

Rep. Estes (KS-4)6:49:25 – 6:49:38

Does anybody else wish to strike the last word? Seeing not, uh, the question is on agreeing to the amendment offered by Mr. Davis. All those in favor, signify by saying yes.

Rep. Horsford (NV-4)6:49:38 – 6:49:39

Aye. Aye.

Unknown6:49:38 – 6:49:39

Aye.

Rep. Estes (KS-4)6:49:39 – 6:49:40

Those opposed, no.

Rep. Horsford (NV-4)6:49:40 – 6:49:41

No.

Rep. Estes (KS-4)6:49:40 – 6:49:41

No.

Unknown6:49:41 – 6:49:41

No.

Rep. Estes (KS-4)6:49:42 – 6:49:43

Clerk will call the roll.

Clerk6:49:45 – 6:50:20

Mister Buchanan. Mister Smith of Nebraska. Mister Smith of Nebraska. No. Mister Kelly. Mister Kelly. No. Mister Schweiker. Mister Schweikart, no. Mister LaHood. Mister LaHood, no. Mister Errington. Mister Errington, no. Mister Estes.

Rep. Estes (KS-4)6:50:20 – 6:50:20

No.

Clerk6:50:21 – 6:50:25

Mister Estes, no. Mister Smucker.

Rep. Estes (KS-4)6:50:25 – 6:50:26

No.

Clerk6:50:26 – 6:50:44

Mister Smucker, no. Mister Hearn. Mister Hearn, no. Mrs. Miller. Dr. Murphy. Dr. Murphy. No. Mr. Kustof.

Rep. Estes (KS-4)6:50:45 – 6:50:45

No.

Clerk6:50:46 – 6:51:03

Mr. Kustof, no. Mr. Fitzpatrick. Mr. Fitzpatrick, no. Mr. Stubbe. Miss Tenney. Miss Tenney, no. Mrs. Fischbach.

Unknown6:51:03 – 6:51:04

No.

Clerk6:51:04 – 6:51:28

Mrs. Fischbach, no. Mr. Moore. Mr. Moore, no. Miss Van Duyn. Miss Van Duyn, no. Mr. Feenstra. Mr. Feenstra, no. Miss Malia Tauchis. Miss Malia Tauchis, no. Mr. Kerry. Mr. Kerry, no. Mr. Joachim.

Unknown6:51:28 – 6:51:28

No.

Clerk6:51:29 – 6:51:39

Mr. Joachim, no. Mister Miller. Mister Miller, no. Mister Bean. Mister Bean, no. Mister Moran.

Unknown6:51:41 – 6:51:42

What's that?

Clerk6:51:42 – 6:51:43

Mister Neal.

Unknown6:51:43 – 6:51:43

Yes. Yes.

Clerk6:51:44 – 6:51:45

Mister Neal, yes.

Unknown6:51:44 – 6:51:45

Yes.

Clerk6:51:46 – 6:51:50

Mister Doggett. Mister Doggett, yes. Mister Thompson.

Unknown6:51:50 – 6:51:50

Aye.

Clerk6:51:50 – 6:51:53

Mister Thompson, yes. Mister Larson.

Unknown6:51:53 – 6:51:53

Yes.

Clerk6:51:54 – 6:51:56

Mister Larson, yes. Mister Davis.

Unknown6:51:56 – 6:51:57

Yes.

Clerk6:51:57 – 6:52:00

Mister Davis, yes. Miss Sanchez.

Unknown6:52:00 – 6:52:00

Aye.

Clerk6:52:01 – 6:52:04

Miss Sanchez, yes. Miss Sewell.

Unknown6:52:04 – 6:52:04

Aye.

Clerk6:52:06 – 6:52:53

Miss Sewell, yes. Miss Sewell. Miss DelBene. Miss DelBene, yes. Miss Chiu. Miss Chiu, yes. Miss Moore. Miss Moore, yes. Mister Boyle. Mister Beyer. Mister Beyer, yes. Mister Evans. Mister Schneider? Mister Schneider? Yes. Mister Panetta? Mister Panetta? Yes. Mister Gomez? Mister Gomez, yes. Mister Horsford? Mister Horsford, yes. Miss Plaskett. Miss Plaskett, yes. Mister Swazi.

Unknown6:52:53 – 6:52:53

Aye.

Clerk6:52:54 – 6:53:06

Mister Swazi, yes. Mister Buchanan. Mrs. Miller. Mister Stubbe.

Rep. Estes (KS-4)6:53:07 – 6:53:07

No.

Clerk6:53:07 – 6:53:33

Mister Stubbe, no. Mister Moran. Mister Boyle. Mister Evans. Chairman Smith. Chairman Smith, no.

Rep. DelBene (WA-1)6:53:50 – 6:53:51

Okay.

Rep. Estes (KS-4)6:53:51 – 6:53:53

How's Mister Evans recording?

Clerk6:53:55 – 6:54:00

No, it's eight, ten, ten, eleven, twelve, Mister Evans is not recorded. yes, Mister Evans, yes. yeah, yeah, it's twenty, yeah.

Rep. Estes (KS-4)6:54:11 – 6:54:13

The clerk will report the vote.

Clerk6:54:14 – 6:54:22

Mister Chairman, the yeses are eighteen and the noes are twenty three. The present is not.

Rep. Estes (KS-4)6:54:22 – 6:54:28

Agreed, two. There being eighteen yeses and twenty-three noes, the amendment is not agreed to. Are there any additional amendments?

Rep. DelBene (WA-1)6:54:28 – 6:54:30

Mister Chairman, I have an amendment at the desk.

Rep. Estes (KS-4)6:54:32 – 6:54:33

Mister Chairman, I reserve a point of order.

Clerk6:54:35 – 6:54:38

Uh, a point of order has been reserved, uh, the clerk will disprove.

Rep. Estes (KS-4)6:54:39 – 6:55:08

Point of order's been reserved. A clerk will distribute the amendments. I'll ask the General Lady to suspend while the clerk is. General ladies, recognize for five minutes.

Rep. DelBene (WA-1)6:55:08 – 6:58:25

Thank you, Mr. Chairman. Um, until today the only TANF reform bill the majority has considered allows states to divert funds for needy families to so-called pregnancy centers without any meaningful safeguards or guardrails. If Republicans are serious about addressing waste, fraud, and abuse, you can't ch- pick and choose who you wanna hold accountable. My anti-fraud amendment ensures that bad actors do not undermine legitimate, federally funded health clinics and maternal care centers that provide vital, life-saving care. I wanna share Isla's story. Uh, Isla's from Columbus, Ohio, and visited a crisis pregnancy center in Ohio. She accompanied a friend who was seeking an STD test. During the visit she was shocked to hear an employee make outrageous and medically inaccurate claims including that the spread of STDs could only be prevented if people followed God's plan of practicing abstinence until marriage. That same center also advertised an abortion pill reversal protocol, def- despite its lack of support in the broader medical me- medical community due to a lack of credible scientific evidence and concerns regarding patient safety. In fact, a twenty nineteen study was halted early after participants experienced serious complications, requiring emergency care, leading researchers to stop the study because of safety concerns. Facilities like this one in Columbus aren't just misleading, they are dangerous. They deter people from seeking legitimate medical care and are undeserving of our tax dollars. Providing federal funds to these kind of facilities erodes trust between the public, the medical community, and the federal government. And to put it simply, my amendment would prevent taxpayer dollars from going to any organization that engages in deceptive or misleading medical practices that endangers the lives of women protecting women's health should be a bipartisan issue. And again, I want to reiterate exactly what the amendment says, in fact, um, from the amendment. If a state medical board has found that a pregnancy center has provided misleading or deceptive medical information, including information about a service offered by the pregnancy center, or put at risk the health of a woman, the pregnancy center shall be ineligible to receive any funds pursuant to this part and shall repay the secretary in amount equal to all funds provided to the pregnancy center, directly from the amendment. TANF was created by Congress to assist low-income families and help lift children out of poverty, not support medical grifters. Every dollar we allow to go to a deceptive facility comes at the direct expense of proven critical programs that support young families, like parenthood classes and child care support. If you want to prevent fraud, This is a very simple and straightforward amendment to do just that. I urge my colleagues to vote yes on this common sense amendment and I yield back.

Rep. Estes (KS-4)6:58:26 – 6:58:31

Thank you. Generally it yields. Now recognize Miss Tinney for five minutes to speak, strike the last word.

Rep. Tenney (NY-24)6:58:32 – 6:59:24

Thank you, I move to strike the last word, and I just wanna mention this amendment is unrelated uh to the subject matter under discussion. The preventing waste, fraud and abuse and TANF act is focused on putting in place safeguards to ensure that TANF families are going to low-income families as intended. Uh, the House voted actually to protect State's ability to use TANF funds for pregnancy centers in January. My own State of New York tried to prevent that from happening. Uh, I have been to dozens of pregnancy centers. I've never encountered what, uh, Miss Del Mene is talking about. I've never seen anything but wonderful care, uh, concern for the - for women and concerning that they get a choice. not a pro-abortion statement. So this is about choice, if the Democrats want to call it that, but this bill is unrel- this particular am- amendment is unrelated, and because it's unrelated, I urge my colleagues to vote no and support the underlying bill.

Rep. Estes (KS-4)6:59:29 – 6:59:31

Miss Delaney, do you wish to comment on it?

Rep. DelBene (WA-1)6:59:31 – 7:00:44

Um, yes, thank you, Mr. Chairman. Again, very clearly, I know you don't want to hear it or actually read the amendment because it goes against what The amendment clearly says, if a pregnancy center has provided misleading or deceptive medical information or put at risk the health of a woman, they shall be ineligible to receive funds. It is very clear that if a woman's health is put at risk, there should not be funds. And the subject matter of this amendment is clearly germane and relevant to the legislation we're considering today. It's an anti-fraud measure meant to ensure our tax dollars are being spent at places that provide patients with medically accurate information and safe services. You've talked over and over about making sure TANF dollars are only being used, um, where they're critically needed. We should be invested in preventing federal dollars from going to organizations that provide false medical information or pseudoscientific services. So, um, sh- very straightforward, very clear in there, if someone is misleading or providing false, uh, medical information or putting a woman's life at risk, they should not be getting taxpayer dollars. definitely germane and frankly is very straight forward I don't understand how that could be controversial.

Rep. Estes (KS-4)7:00:46 – 7:00:48

I recognize Miss Fischbach for five minutes to strike the last word.

Rep. Fischbach (MN-7)7:00:49 – 7:01:37

Thank you, Mister Chair, and um I I I would like to reiterate what Miss Tenney said, this is out of the scope um that we are talking about in this underlying bill, we are talking about fraud and and Miss Tenney also mentioned we did this, the house passed the uh The TANF for Pregnancy Centers uh bill, we did that, we had all of these discussions, we and there was plenty of amendments offered and there was discussion on the floor. I think that the House determined that they want to be able to make sure the TANF dollars would be able to go to pregnancy centers. We've done this, we've done this, we've done this, and um uh uh it doesn't relate here. We had that discussion and so I would urge a no vote on this, on this piece uh or this uh amendment.

Unknown7:01:38 – 7:01:40

Okay, well, but for now, we have a meeting.

Rep. Estes (KS-4)7:01:39 – 7:01:43

Does anyone else reach strike left for Miss Chu from California, recognized for five minutes.

Rep. Chu (CA-28)7:01:44 – 7:01:48

Uh, I would l- would like to yield my time to uh Congressmember DelBene.

Rep. DelBene (WA-1)7:01:48 – 7:02:35

Thank you. Again, um, the v- stay in and the amendment is very clear. A pregnancy center that has provided misleading or deceptive medical information, including information about a service offered by the pregnancy center or put at risk the health of a woman, they shall be ineligible to receive funds pursuant to this part. Why is that controversy? You keep saying it's okay as if it's okay no matter what they do, whatever an organization does, it's okay, you're okay with that. This is very simple and straightforward. Um, and w- and this is amendment I brought up before too, and folks on the other side of the aisle, again, who say that they are so hardcore about fraud and abuse, seem to be unwilling to stand up for basic rights here and prevent

Rep. Estes (KS-4)7:02:42 – 7:02:52

Does anyone else wish to strike the last word? If not, then the question is on agreeing to the amendment offered by Ms. DelBene. All those in favor signify by saying yes.

Clerk7:02:52 – 7:02:52

Aye.

Rep. DelBene (WA-1)7:02:52 – 7:02:53

Aye.

Rep. Estes (KS-4)7:02:53 – 7:02:54

Those opposed, no.

Rep. DelBene (WA-1)7:02:54 – 7:02:56

No.

Rep. Estes (KS-4)7:02:55 – 7:02:59

No. In opinion of the chair, the no's have it. Clerk will call the roll.

Clerk7:03:01 – 7:03:01

Mr. Buchanan.

Rep. DelBene (WA-1)7:03:04 – 7:03:05

That's like, you're saying

Clerk7:03:05 – 7:03:06

Mister Smith of Nebraska.

Rep. DelBene (WA-1)7:03:07 – 7:03:08

You're saying anything.

Clerk7:03:07 – 7:03:56

Mister Smith of Nebraska? No. Mister Kelly. Mister Schweikert. Mister Schweikert? No. Mister LaHood. Mister LaHood? No. Mister Arrington. Mister Estes. Mister Estes, no. Mister Smucker. Mister Smucker, no. Mister Hearn. Mister Hearn, no. Mrs. Miller. Doctor Murphy. Doctor Murphy, no. Mister Kustof.

Rep. DelBene (WA-1)7:03:56 – 7:03:56

No.

Clerk7:03:57 – 7:04:05

Mister Kustof, no. Mister Fitzpatrick. Mister Fitzpatrick, no. Mister Stubbe.

Rep. DelBene (WA-1)7:04:05 – 7:04:05

No.

Clerk7:04:06 – 7:04:33

Mister Stubbe, no. Miss Tenney. Miss Tenney, no. Mrs. Fischbach. Mrs. Fischbach, no. Mister Moore. Miss Van Duyn. Miss Van Duyn, no. Mister Feenstra. Mister Feenstra, no. Miss Malitakis. Miss Malitakis, no. Mister Kerry.

Unknown7:04:33 – 7:04:33

No.

Clerk7:04:34 – 7:04:40

Mister Kerry, no. Mister Yockem. Mister Yockem, no. Mister Miller.

Unknown7:04:41 – 7:04:42

No.

Clerk7:04:42 – 7:04:45

Mister Miller, no. Mister Bean.

Unknown7:04:45 – 7:04:46

No. No.

Clerk7:04:46 – 7:04:57

Mister Bean, no. Mister Moran. Mister Neal. Mister Neal, yes. Mr. Doggett.

Unknown7:04:57 – 7:04:57

Aye.

Clerk7:04:58 – 7:05:01

Mr. Doggett, yes. Mr. Thompson.

Unknown7:05:01 – 7:05:01

Aye.

Clerk7:05:01 – 7:05:04

Mr. Thompson, yes. Mr. Larson.

Unknown7:05:04 – 7:05:05

Yes.

Clerk7:05:05 – 7:05:08

Mr. Larson, yes. Mr. Davis.

Unknown7:05:08 – 7:05:08

Yes.

Clerk7:05:08 – 7:05:14

Mr. Davis, yes. Miss Sanchez. Miss Sanchez, yes. Miss Sewell.

Unknown7:05:17 – 7:05:17

Yes.

Clerk7:05:19 – 7:05:22

Miss Sewell, yes. Miss Del Bene.

Unknown7:05:22 – 7:05:22

Aye.

Clerk7:05:22 – 7:05:25

Miss Del Bene, yes. Miss Chu.

Unknown7:05:25 – 7:05:26

Aye.

Clerk7:05:26 – 7:05:28

Miss Chu, yes. Miss Moore.

Unknown7:05:28 – 7:05:29

Miss Moore.

Clerk7:05:29 – 7:05:31

Miss Moore, yes.

Unknown7:05:29 – 7:05:30

Miss Moore.

Clerk7:05:31 – 7:05:32

Mister Boyle.

Unknown7:05:31 – 7:05:32

Aye.

Clerk7:05:32 – 7:05:34

Mister Boyle, yes. Mister Beier.

Unknown7:05:35 – 7:05:35

Yes.

Rep. Kustoff (TN-8)7:05:35 – 7:05:35

Aye.

Clerk7:05:35 – 7:05:38

Mister Beier, yes. Mister Evans.

Unknown7:05:38 – 7:05:39

Yes.

Clerk7:05:39 – 7:05:40

Mister Evans, yes.

Unknown7:05:40 – 7:05:40

Yes.

Clerk7:05:41 – 7:05:41

Mister Schneider.

Unknown7:05:41 – 7:05:41

Yes.

Clerk7:05:42 – 7:05:44

Mister Schneider, yes.

Unknown7:05:42 – 7:05:43

Yes.

Clerk7:05:44 – 7:05:44

Mister Panetta.

Unknown7:05:45 – 7:05:45

Yes.

Clerk7:05:45 – 7:05:47

Mister Panetta, yes.

Unknown7:05:47 – 7:05:47

Yes.

Clerk7:05:47 – 7:05:55

Mister Gomez. Mister Gomez, yes. Mister Horsford. Mr. Horsford, yes. Miss Plaskett.

Unknown7:05:54 – 7:05:55

Miss Plaskett.

Clerk7:05:55 – 7:05:58

Miss Plaskett, yes. Mister Swasey.

Unknown7:05:58 – 7:05:59

Aye.

Clerk7:05:59 – 7:06:08

Mister Swasey, yes. Mister Buchanan. Mister Kelly.

Rep. Kustoff (TN-8)7:06:07 – 7:06:09

Misses. What else is there?

Clerk7:06:09 – 7:06:11

Mister Kelly, no.

Unknown7:06:10 – 7:06:10

Misses.

Clerk7:06:12 – 7:06:14

Mister E- Mister Errington.

Unknown7:06:15 – 7:06:15

No.

Clerk7:06:16 – 7:06:22

Mister Errington, no. Mrs. Miller. Mister Moore.

Rep. Kustoff (TN-8)7:06:23 – 7:06:23

No.

Clerk7:06:24 – 7:06:36

Mister Moore, no. Mister Moran. Chairman Smith.

Rep. Kustoff (TN-8)7:06:37 – 7:06:37

No. No.

Clerk7:06:38 – 7:06:39

Chairman Smith, no.

Rep. Estes (KS-4)7:06:57 – 7:06:58

Clerk will report the vote.

Clerk7:06:59 – 7:07:02

Mister Chairman, the yeses are nineteen and the noes are twenty-three.

Rep. Estes (KS-4)7:07:03 – 7:07:09

There being nineteen yeses and twenty-three noes, the amendment is not agreed to. Are there any additional amendments?

Rep. Kustoff (TN-8)7:07:09 – 7:07:10

Yeah.

Rep. Chu (CA-28)7:07:10 – 7:07:10

Yes.

Rep. Estes (KS-4)7:07:13 – 7:07:14

So, uh

Rep. Chu (CA-28)7:07:14 – 7:07:16

Mister Chair, I have an an amendment. At the desk.

Rep. Estes (KS-4)7:07:17 – 7:07:19

The clerk will distribute, Mister Chairman, I reserve a point of order.

Unknown7:07:19 – 7:07:20

Next.

Rep. Estes (KS-4)7:07:20 – 7:07:21

Point of order has been reserved.

Rep. Chu (CA-28)7:07:20 – 7:07:20

Thank you.

Rep. Estes (KS-4)7:07:21 – 7:07:26

Clerk will distribute the amendment and I ask the General Lady to uh sustain what we're doing.

Rep. Chu (CA-28)7:07:23 – 7:07:40

Thank you. You have a spot. I'm sorry. I I like the fact that I have to fly that long. Pleasure.

Unknown7:07:44 – 7:07:44

This is

Rep. Estes (KS-4)7:07:45 – 7:07:45

Uh, cool.

Unknown7:07:45 – 7:07:47

a one hundred percent.

Rep. Estes (KS-4)7:07:47 – 7:07:48

Cool.

Unknown7:07:59 – 7:08:06

it's still not as easy as you thought it was gonna be. Yeah, I mean, it's a big problem with the speed, but it's better anyway.

Rep. Estes (KS-4)7:08:11 – 7:08:14

General Leidy from California is recognized for five minutes to speak on her amendment.

Rep. Chu (CA-28)7:08:15 – 7:13:16

Thank you, Mr. Chair. Democrats do have an answer to effectively dealing with TANF misuse. And that is the bill that I lead with Ranking Member Davis, the TANF State Expenditure Integrity Act. And in fact, my amendment would strike section two from the bill and replace it with HR twenty-one O eight. And the reason that I say that we need to do this is what section two of HR eight eight seventy-seventy-two would do is require states to make basically statistical calculations about over and under payments. These are basically error rates. And with these error rates, then the Department of Health and Human Services would use these these calculations to justify withholding TANF funds two states. And while it might be titled the " Preventing Waste, Fraud and Abuse" in TANF Act, actually it's not about preventing but it's about punishing. And in fact, these statistical calculations would only apply to a small slice of the total TANF funding, less than fifteen percent. Also, let me say, unlike HR eight eight seventy-two, which is before us today, and was introduced two days ago, and provided to Democrats less than forty-eight hours ago, our bill, H R twenty-one O eight, has been publicly available to all members since we first introduced it last Congress in advance of our full committee hearing. And we offered to work with Republicans on it several times. Our alternative would turn the focus on how states are spending their non-cash assistance funds, which make up eighty percent of all TANF funding. This is the part of TANF funding where we have have actually seen staggering evidence of fraud like when former NFL quarterback Bet- uh, Brett Favre conspired with Mississippi state officials to direct millions of TANF dollars to build a new volleyball court at his daughter's college. Yes, I repeat, the state of Mississippi took millions of taxpayer dollars meant for the poorest families in their state and diverted them to Brett Favre's pet project. Several people in this case have been criminally charged and convicted, and the state has filed a civil suit against several individuals, including Favre himself. Currently, HHS does not have the authority to investigate fraud in TANF. But if we want to ensure that the kind of egregious fraud, waste, and abuse that ha- oh happened in Mississippi can never happen again, Congress must finally give the federal government the authority to conduct oversight into how states are spending their TANF block grant funds. This is a recommendation of the GAO and in fact our bill, twenty-one O eight, would establish monitoring systems. It would provide HHS this authority to prevent, monitor, and penalize intentional misuse of TANF funds. It would establish a formal system. And for establishing consistent data reporting, it would allow HHS to identify these intentional misuses. And they would have a new TANF program integrity fund which would carry out the grantee monitoring and report any intentional misuse to Congress, and would also impose a new penalty for intentional misuse of funds, requiring the offending state to spend at least an equivalent amount of these misused funds on c- cash assistance directly to the families who are one hundred percent below the poverty level. But so far, Republicans on this committee have declined to work with us on this bill. Not only that, they have hosted a hearing on Tana fraud last Congress where they actually invited Brett Favre to testify and actually apologize to him, trying to absolve him of wrongdoing. The bottom line is that if Republicans were serious about preventing and recovering Tana fraud, H R eight eight seventy-two would not be the bill we would be marking up. We would not be spending time on a bill that focuses just on penalizing states for payment errors and applies only to a small fraction of TANF funds. And this is why I urge my colleagues to support my amendment and I yield back.

Rep. Estes (KS-4)7:13:18 – 7:13:19

Does the gentleman insist on his point of order?

Rep. Smith (NE-3)7:13:20 – 7:13:43

Mister Chairman, I do insist on my point of order. The amendment is not germane to the underlying measure. Under clause seven of H rule of House rule si- clause seven of House rule sixteen, amendments are not germane if they introduce a matter outside of the committee's jurisdiction. This amendment includes matters related to appropriations, which is clearly outside our committee's rule ten jurisdiction, and therefore the amendment is not germane and is not in order.

Rep. Estes (KS-4)7:13:44 – 7:13:47

Does sponsor of the amendment wish to be heard on this point of order?

Rep. DelBene (WA-1)7:13:47 – 7:13:48

I just wanna be very precise.

Rep. Chu (CA-28)7:13:49 – 7:14:17

Yeah. It is exactly. germane. It is about the process of dealing with TANF fraud and misuse. And there should have been some way of incorporating these provisions that would actually give HHS the ability to investigate the fraud that that is happening in States and that is why millions of dollars have been misused.

Rep. Estes (KS-4)7:14:19 – 7:14:25

I'm prepared to rule. The amendment is not germane and the point of order is sustained. The amendment is not in order.

Rep. Kelly (PA-16)7:14:27 – 7:14:29

Ask the shorthanded one of the rules.

Rep. Chu (CA-28)7:14:30 – 7:14:32

Yes, I'd like to appeal the ruling.

Rep. Estes (KS-4)7:14:33 – 7:14:41

I move to the table. So the question is on tabling the appealing of the ruling of the chair. The clerk will call a roll.

Clerk7:14:44 – 7:14:50

Mr. Buchanan. Mr. Smith of Nebraska.

Rep. Chu (CA-28)7:14:50 – 7:14:50

Yes.

Clerk7:14:51 – 7:15:09

Mr. Smith of Nebraska, yes. Mr. Kelly. Mr. Kelly, yes. Mr. Schweikert. Mr. Schweikert, yes. Mr. Lahood. Mr. Lahood, yes. Mr. Arrington. Mr. Arrington, yes. Mr. Estes.

Rep. Chu (CA-28)7:15:09 – 7:15:09

Yes.

Clerk7:15:10 – 7:15:23

Mr. Estes, yes. Mr. Smucker. Mr. S- Mr. Smucker, yes. Mr. Hearn. Mr. Hearn, yes. Mrs. Miller. Dr. Murphy.

Rep. DelBene (WA-1)7:15:27 – 7:15:27

Yes.

Clerk7:15:27 – 7:15:30

Dr. Murphy, yes. Mr. Kustof.

Rep. DelBene (WA-1)7:15:30 – 7:15:31

Yes.

Clerk7:15:31 – 7:15:34

Mr. Kustof, yes. Mr. Fitzpatrick.

Rep. DelBene (WA-1)7:15:34 – 7:15:34

Yes.

Clerk7:15:35 – 7:15:48

Mr. Fitzpatrick, yes. Make a bill. Mr. Stubbe. Make a bill to run the last one. Then he is not chasing. Miss Tenney. Miss Tenney? Miss Tenney? Yes. Yes. Misses Fischbach. Mrs. Fischbach.

Rep. DelBene (WA-1)7:15:50 – 7:15:51

You're welcome.

Clerk7:15:53 – 7:15:53

Mister Moore. Mister Moore.

Rep. Kelly (PA-16)7:15:53 – 7:15:54

Yes.

Clerk7:15:54 – 7:16:22

Mister Moore? Mister Moore? Yes. Yes. Miss Van Duyn. Miss Van Duyn. Mister Feenstra. Mister Feenstra. Mister Feenstra? Mister Feenstra? Yes. Yes. Miss Malia Takis. Mister Malia Takis. Miss Malia Takis? Mister Malia Takis? Yes. Yes. Mister Kerry. Mister Kerry. Mr. Carey, yes. Mr. Yockem. Mr. Yockem, yes. Mr. Miller. Mr. Miller, yes. Mr. Bean.

Rep. DelBene (WA-1)7:16:22 – 7:16:23

Bean, yes.

Clerk7:16:23 – 7:16:30

Mr. Bean, yes. Mr. Moran. Mr. Neal.

Rep. DelBene (WA-1)7:16:32 – 7:16:32

Martin.

Rep. Neal (MA-1)7:16:32 – 7:16:33

Oops, oops, oops.

Rep. DelBene (WA-1)7:16:33 – 7:16:33

No.

Rep. Neal (MA-1)7:16:33 – 7:16:33

No.

Clerk7:16:35 – 7:16:38

Mr. Neal, no. Mr. Doggett.

Rep. Neal (MA-1)7:16:38 – 7:16:38

No.

Clerk7:16:38 – 7:16:45

Mr. Doggett. No. Mister Thompson. No. It's all right. Mister Thompson. It's all it wasn't there. There. No. Mister Larson.

Rep. Neal (MA-1)7:16:45 – 7:16:45

No.

Clerk7:16:45 – 7:16:48

We thought the opposite was fine. Mister Larson. No. Mister Davis.

Rep. Neal (MA-1)7:16:48 – 7:16:49

No.

Clerk7:16:49 – 7:16:52

Mister Davis. No. Miss Sanchez.

Unknown7:16:52 – 7:16:52

No.

Clerk7:16:52 – 7:16:55

Miss Sanchez. No. Miss Sewell.

Unknown7:16:55 – 7:16:55

No.

Clerk7:16:56 – 7:16:58

Miss Sewell. No.

Unknown7:16:58 – 7:16:58

No.

Clerk7:16:58 – 7:16:59

Miss Delbene.

Unknown7:17:04 – 7:17:04

No.

Clerk7:17:05 – 7:17:05

Miss Delbene.

Unknown7:17:05 – 7:17:06

No.

Clerk7:17:06 – 7:17:07

No. Miss Chiu.

Unknown7:17:08 – 7:17:08

No.

Clerk7:17:08 – 7:17:11

Miss two, no. Miss Moore.

Rep. Neal (MA-1)7:17:12 – 7:17:12

No.

Clerk7:17:13 – 7:17:15

Miss Moore, no. Mister Boyle.

Rep. Neal (MA-1)7:17:15 – 7:17:16

Yeah.

Clerk7:17:16 – 7:17:23

Mister Boyle, no. Mister Beyer. Mister Evans.

Rep. Neal (MA-1)7:17:24 – 7:17:24

Evans. No.

Clerk7:17:25 – 7:17:27

Mister Evans, no. Mister Schneider.

Unknown7:17:28 – 7:17:28

No.

Clerk7:17:29 – 7:17:38

Mister Schneider, no. Mister Panetta. Mister Panetta, no. Mister Gomez. Mr. Gomez, no. Mr. Horsford.

Rep. Estes (KS-4)7:17:39 – 7:17:39

No.

Clerk7:17:39 – 7:17:42

Mr. Horsford, no. Miss Plaskett.

Rep. Estes (KS-4)7:17:44 – 7:17:45

Oh, no.

Clerk7:17:45 – 7:17:48

Miss Plaskett, no. Mr. Swasey.

Rep. Estes (KS-4)7:17:48 – 7:17:48

No.

Clerk7:17:48 – 7:18:07

Mr. Swasey, no. Mr. Buchanan. it's Mr. Miller. Mrs. Miller. Mr. Stubbe. Yeah, I heard something about Mr. Stubbe. Mr. Stubbe, yes. Miss Fishbach.

Unknown7:18:07 – 7:18:07

Yes.

Clerk7:18:08 – 7:18:13

Miss Fishbach. Yes. Miss Van Duyn.

Unknown7:18:13 – 7:18:13

Yes.

Clerk7:18:13 – 7:18:22

Miss Van Duyn. Yes. Mister Moran. Mister Beyer.

Rep. Estes (KS-4)7:18:25 – 7:18:26

I'll take Skip Tim.

Clerk7:18:29 – 7:18:30

Chairman Smith.

Rep. Smith (NE-3)7:18:31 – 7:18:31

Yes.

Clerk7:18:32 – 7:18:33

Chairman Smith. Yes.

Rep. Estes (KS-4)7:18:37 – 7:18:38

How is Mister Evans recorded?

Clerk7:18:41 – 7:18:43

Mister Evans, no.

Rep. Estes (KS-4)7:19:02 – 7:19:03

The clerk will report the vote.

Clerk7:19:04 – 7:19:08

Mister Chairman, the yeses are twenty-three and the no's are eighteen.

Rep. Estes (KS-4)7:19:09 – 7:19:14

With there being twenty-three yeses and how many no's?

Clerk7:19:15 – 7:19:16

Eighteen.

Rep. Estes (KS-4)7:19:16 – 7:19:23

Eighteen. With there being twenty-three yeses and eighteen no's, the motion is tabled. Are there any other additional amendments?

Rep. Smith (NE-3)7:19:27 – 7:19:32

Mister Chairman, I move that the committee favorably report H R eighty-eight, seventy-two, As amended to the House of Representatives.

Clerk7:19:36 – 7:19:40

Oh, we gotta you gotta you gotta do the house substitute first before you do that.

Rep. Smith (NE-3)7:19:37 – 7:19:37

Oh, we gotta

Rep. Estes (KS-4)7:19:38 – 7:19:38

Nope.

Rep. Smith (NE-3)7:19:39 – 7:19:40

Yeah.

Rep. Estes (KS-4)7:19:40 – 7:19:42

Yeah. You jumped ahead of me.

Clerk7:19:43 – 7:19:44

My best friend.

Rep. Estes (KS-4)7:19:43 – 7:19:45

I'm glad I didn't recognize you.

Clerk7:19:50 – 7:19:51

Keep your story, Ron.

Rep. Estes (KS-4)7:19:51 – 7:20:02

Nope. Keep scrolling. This magic technology is wonderful, isn't it?

Rep. Smith (NE-3)7:20:01 – 7:20:07

Yeah. Is this, what's this, the, it's a holding thing. Yeah.

Rep. Estes (KS-4)7:20:08 – 7:20:09

Oh, sh-

Rep. Smith (NE-3)7:20:09 – 7:20:09

That was it.

Rep. Estes (KS-4)7:20:09 – 7:20:09

nope.

Rep. Neal (MA-1)7:20:11 – 7:20:12

Shot paper would work here.

Rep. Smith (NE-3)7:20:11 – 7:20:11

Yeah.

Rep. Estes (KS-4)7:20:13 – 7:20:14

Yeah, that's why you had it.

Rep. Smith (NE-3)7:20:15 – 7:20:15

Yeah, okay.

Rep. Estes (KS-4)7:20:16 – 7:20:17

All right.

Rep. Smith (NE-3)7:20:16 – 7:20:18

And then the question is on the adoption.

Rep. Estes (KS-4)7:20:18 – 7:20:26

If the if there are no further amendments, question is on the adoption of the amendment in the nature of a substitute. All those in favor signify by saying yes.

Rep. Smith (NE-3)7:20:26 – 7:20:26

Yes.

Rep. Estes (KS-4)7:20:27 – 7:20:28

All those opposed, no.

Rep. Neal (MA-1)7:20:29 – 7:20:29

No. No.

Rep. Estes (KS-4)7:20:30 – 7:20:41

In the opinion of the chairs, cuz I have a bad ear, in the opinion of the chairs, the yeses have it. And the amendment in the nature of substitute is agreed to. I will now recognize uh Mister Smith for the purpose of offering a motion.

Rep. Smith (NE-3)7:20:42 – 7:20:48

Mister Chairman, I move that the committee favorably report HR eighty-eight seventy-two as amended to the House of Representatives.

Rep. Estes (KS-4)7:20:49 – 7:20:57

The question is on a motion to favorably report HR eighty-eight, seventy-two as amended to the House of Representatives. The clerk will call the roll.

Clerk7:20:59 – 7:21:16

Mr. Buchanan. Mister Smith of Nebraska. Mister Smith of Nebraska, yes. Mister Kelly. Mister Kelly, yes. Mister Schweikert. Mister Schweikert, yes. Mister LaHood.

Rep. Smith (NE-3)7:21:16 – 7:21:16

Yes.

Clerk7:21:17 – 7:21:19

Mister LaHood, yes. Mister Arrington.

Rep. Smith (NE-3)7:21:20 – 7:21:20

Yes.

Clerk7:21:21 – 7:21:36

Mister Arrington, yes. Mister Estes. Mister Estes, yes. Mister Smucker. Mister Smucker, yes. Mister Hearn.

Rep. Smith (NE-3)7:21:36 – 7:21:37

Yes.

Clerk7:21:37 – 7:21:42

Mister Hearn, yes. Mrs. Miller. Doctor Murphy.

Rep. Smith (NE-3)7:21:43 – 7:21:43

Yes.

Clerk7:21:43 – 7:21:46

Doctor Murphy, yes. Mister Kustof.

Rep. Smith (NE-3)7:21:46 – 7:21:46

Yes.

Clerk7:21:46 – 7:21:49

Mister Kustof, yes. Mister Fitzpatrick.

Rep. Smith (NE-3)7:21:49 – 7:21:49

Yes.

Clerk7:21:50 – 7:21:54

Mister Fitzpatrick, yes. Mister Stubbe. Mr. Stubbe, yes, Miss Tenney.

Rep. Smith (NE-3)7:21:55 – 7:21:55

Yes.

Clerk7:21:56 – 7:21:58

Miss Tenney, yes, Mrs. Fischbach.

Rep. Smith (NE-3)7:21:59 – 7:21:59

Yes.

Clerk7:22:01 – 7:22:03

Mrs. Fischbach, yes, Mr. Moore.

Rep. Smith (NE-3)7:22:03 – 7:22:03

Yes.

Clerk7:22:04 – 7:22:06

Mr. Moore, yes, Miss Van Duyn.

Rep. Smith (NE-3)7:22:07 – 7:22:07

Yes.

Clerk7:22:07 – 7:22:15

Miss Van Duyn, yes, Mr. Feenstra. Mr. Feenstra, yes, Miss Malia-Taukas. Miss Malia-Taukas, yes, Mr. Carey.

Rep. Smith (NE-3)7:22:16 – 7:22:16

Yes.

Clerk7:22:16 – 7:22:28

Mr. Carey, yes, Mr. Joachim. Mister Yockem, yes. Mister Miller. Mister Bean.

Unknown7:22:29 – 7:22:29

Yes.

Clerk7:22:29 – 7:22:37

Mister Bean, yes. Mister Moran. Mister Neal.

Rep. Smith (NE-3)7:22:38 – 7:22:38

No.

Clerk7:22:38 – 7:22:41

Mister Neal, no. Mister Doggett.

Rep. Smith (NE-3)7:22:39 – 7:22:39

No.

Clerk7:22:42 – 7:22:51

Mister Doggett, no. Mister Thompson. Mister Thompson, no. Mister Larson. Mr. Larson, no. Mr. Davis.

Rep. Smith (MO-8)7:22:51 – 7:22:52

It's

Clerk7:22:52 – 7:23:09

Mr. Davis, no. Miss Sanchez. Miss Sanchez, no. Miss Sewell. Miss Sewell, no. Miss Del Bene. Miss Del Bene, no. Miss Chu. Miss Chu, no. Miss Moore. Miss Moore, no.

Rep. Smith (MO-8)7:23:08 – 7:23:09

Misses.

Clerk7:23:10 – 7:23:38

Mr. Boyle. Mr. Boyle, no. Mr. Beier. Mr. Beier, no. Mr. Evans. Mister Evans, no. Mister Schneider, Mister Schneider, no. Mister Panetta, Mister Panetta, no. Mister Gomez, Mister Gomez, no. Mister Horsford, Mister Horsford, no. Miss Plaskett. Miss Plaskett, no. Mister Swasey. Miss,

Rep. Smith (MO-8)7:23:38 – 7:23:39

Mister Buchanan.

Clerk7:23:39 – 7:23:39

Mister Swasey, no. Mister Buchanan.

Rep. Smith (MO-8)7:23:39 – 7:23:39

Mister Buchanan.

Clerk7:23:43 – 7:24:09

Mister Buchanan. Mrs. Miller. Mister Miller. Mister Miller, yes. Mister Moran. Chairman Smith.

Rep. Smith (MO-8)7:24:10 – 7:24:10

Yes.

Clerk7:24:11 – 7:24:13

Chairman Smith, yes.

Rep. Smith (MO-8)7:24:28 – 7:24:30

The clerk will report the vote.

Clerk7:24:30 – 7:24:34

Mister Chairman, the yeses are twenty-three and the noes are nineteen.

Rep. Smith (MO-8)7:24:34 – 7:24:37

There being twenty-three yeses and nineteen noes,

Rep. Neal (MA-1)7:24:34 – 7:24:35

Mm.

Rep. Smith (MO-8)7:24:35 – 7:25:29

Twenty-three yeses and nineteen noes, the motion is agreed to and H R eighty-eight seventy-two is amended, the motion is agree to and H R eighty-eight seventy-two is amended, is ordered favorably reported to the house. is ordered favorably reported to the house. Without objection, I ask that staff be authorized to make technical and conforming changes to H R eighty-eight seventy-two and that members have two additional days to file with the committee clerk's supplemental additional dissenting or minority views. Our final order of business today is consideration of the Ways and Means Committee, Budget Views and Estimates for fiscal year twenty twenty seven. This effort helps the committee focus its attention on the tremendous work we still have before us to deliver for the American people. I appreciate the incredible work that the members of this committee have done and are doing, particularly in a bipartisan manner, to serve the interest of American workers, families, farmers, and small businesses. I urge my colleagues to support these views and estimates. I now recognize the ranking member.

Rep. Neal (MA-1)7:25:29 – 7:27:13

Thank you, Miss Chairman. There are many years when we agree on the spirit of the views and estimates letter. Unfortunately, we do not think this is one of them. It's far too congratulatory of the President. Too many items are packed into the document that are over the top in their description. Americans overwhelmingly agree that the President's economic policies are causing them harm, which makes us unable to buy into the purported rosy picture being touted in this document. Families are being crushed by high prices from the grocery store to the gas pump, and our colleagues are spending their time on too many distractions. defending the president, who oftentimes has turned government into the chaos of the hour. Gases surged over fifteen percent in two months. Gas buddy is warning of the most expensive summer of travel yet. Grocery prices made the biggest one-month jump in nearly four years, and that's on top of prices that were already surging. Inflation is outpacing wages and workers are getting squeezed as their paychecks cover less and less. Where is the work on that? Put a w- end to the war in Iran, put an end to the tariffs, stiffen our resolve by putting a check on the endless executive power that this president thinks he has, and let's reclaim the authority of Congress. We can't paper over the damage when the stakes are this high. The agenda is overwhelmingly benefiting billionaires and leaving everyone else to foot the bill. It's a shame when we choose loyalty over legislation, complicity over With that, I yield back my time and recommend a no vote on this matter.

Rep. Smith (MO-8)7:27:13 – 7:27:42

The committee will now proceed to consideration of the ways and means committee budget views and estimates for fiscal year twenty twenty seven. Without objection, the measure will be considered as read and open for amendment at any point. At this time, I offer an amendment in the nature of a substitute, which was distributed in advance along with a green sheet explaining it. Without objection, the amendment in the nature of a substitute shall be considered as read, open for amendment at any point. and considered base text for the purpose of amendment. Does any member wish to strike the last word? Mister Doggett.

Rep. Doggett (TX-37)7:27:42 – 7:27:43

No, I have an amendment.

Rep. Smith (MO-8)7:27:43 – 7:27:53

Oh. Any member wish to strike the last word? Seeing none, we will move to amendments. Are there any amendments to the amendment in the nature of a substitute?

Rep. Doggett (TX-37)7:27:53 – 7:27:54

I have an amendment, yeah, I think there is.

Rep. Smith (NE-3)7:27:53 – 7:27:55

Mister Chairman, I reserve a point of order.

Rep. Smith (MO-8)7:27:55 – 7:28:01

Uh, would Mister Doggett suspend? There has been um a point of order reserved.

Rep. Doggett (TX-37)7:27:58 – 7:27:58

Sure.

Rep. Smith (MO-8)7:28:03 – 7:28:04

Please distribute the amendment.

Rep. Doggett (TX-37)7:28:03 – 7:28:06

These is It is germane.

Rep. Neal (MA-1)7:28:09 – 7:28:09

Isn't it odd?

Rep. Smith (MO-8)7:28:10 – 7:28:11

I think I'm the judge then.

Rep. Doggett (TX-37)7:28:12 – 7:28:15

Well, you you'll have a hard time judging it not germane.

Rep. Smith (MO-8)7:28:33 – 7:28:34

Proceed, Mr. Doggett.

Rep. Doggett (TX-37)7:28:34 – 7:32:58

Thank you, Mr. Chairman, this simply proposes the addition of a sentence to the views and estimates. And while I'm not particularly encouraged about the potential uh of fulfilling its objective given the soft approach that uh the committee has taken on fraud today I think it is important that we have a clear understanding of this issue in an outrageous deal between Donald Trump and himself the uh Trump's personal criminal defense attorney, uh who's at the Justice Department now, uh reached an agreement uh to never audit the tax returns of Donald Trump, his family members, or the hundreds of affiliated businesses in trust. For the average American who's out there uh trying to make ends meet, uh sometimes uh paying more in taxes than Donald Trump, uh the declaration that Trump seems to be making is that the rule of law applies to these. Uh, let's just review why the committee taking this action is important. Trump paid seven hundred and fifty dollars in income taxes in twenty sixteen. I expect he's left bigger tips than that. He paid seven hundred and fifty dollars again in twenty seventeen. In twenty twenty, he had a really good year, he didn't pay anything. He reported tens of millions of dollars in losses year after year, claimed hundreds of millions, credits and deductions, and in one year after another he paid less income taxes than a public school teacher in Austin, Texas. The Joint Committee on Taxation found that the IRS responded by assigning one, one single auditor under the mandatory presidential review program to review Trump's tax returns that encompassed over four hundred pass-through Trump organization entities. One auditor. The audit file itself stated in plain language that, quote, the lack of resources was the reason for not pursuing certain issues on the former president's return. Outgunned and under-resourced, the auditor failed to bring in specialists, failed to conduct original document reviews, and instead relied on what Trump's lawyers told him. He ignored the statutory requirement that there be a mandatory review of a presidential year return, and indeed, Donald Trump's four years, and I expect last year or two, not one single mandatory audit as required by statute. A statute put in place after another criminal Republican president uh and the Watergate scandal, uh led to the establishment of the mandatory audit program. That is precisely why this settlement's audit ban is so dangerous. It wipes the slate clean. It buries evidence that was never properly examined in the first place. It makes permanent what was already an inexcusable failure of oversight. It was so terrible that within hours of the announcement of this deal, a Trump appointee who had only been in office seven months after he was confirmed by the Senate, a Trump appointee must have seen this deal as so sordid that he resigned. Congress and Congress alone holds the power to write legislation. Congress never authorized the executive branch to unilaterally immunize the President of the United States from tax enforcement. Never in American history has the President pursued corruption on such a colossal scale. Trump and his personal attorney have done all that they can to insulate this agreement by rem- dismissing their case from court in order to try to make it as difficult as possible to challenge it uh in the judicial system. It's congressional action that is required, and that's what uh this sentence is directed toward. My Republican colleagues continue to hold their hands and cede more cede more and more power to Donald Trump. I say we can't continue to remain quiet. We need to stand up for the hardworking Americans who are out there paying an outrageous price for a gallon of gas while Trump lounges lounges in his luxury jets and plans to dance to YMCA in his billion dollar ballroom. I urge approval of the amendment.

Rep. Smith (MO-8)7:32:59 – 7:33:10

Further discussion on the amendment. Seeing none, the question is an agreeing to the amendment offered by Mr. Doggett. All those in favor signify by saying aye.

Rep. Doggett (TX-37)7:33:10 – 7:33:11

Aye.

Rep. LaHood (IL-16)7:33:10 – 7:33:11

Aye.

Rep. Smith (MO-8)7:33:11 – 7:33:13

Those opposed say no.

Rep. LaHood (IL-16)7:33:13 – 7:33:14

No.

Rep. Smith (MO-8)7:33:14 – 7:33:15

The no's have it.

Rep. Doggett (TX-37)7:33:15 – 7:33:17

Mr. Chairman, I'd ask for a record vote.

Rep. Smith (MO-8)7:33:17 – 7:33:18

The clerk will call the roll.

Clerk7:33:20 – 7:33:43

Mr. Buchanan. Mr. Smith-Nebraska. Mister Smith of Nebraska, no. Mister Schweikert. Mister Schweikert, Mister Kelly. Mister Kelly, no. Mister Schweikert. Mister Schweikert, no. Mister LaHood. Mister LaHood, no. Mister Arrington.

Rep. Smith (MO-8)7:33:43 – 7:33:44

No.

Clerk7:33:45 – 7:34:00

Mister Arrington, no. Mister Estes. Mister Estes, no. Mister Schmucker. Mister Smucker, no. Mister Hearn, Mister Hearn, no. Mrs. Miller. Doctor Murphy.

Rep. LaHood (IL-16)7:34:01 – 7:34:01

No.

Clerk7:34:02 – 7:34:47

Doctor Murphy, no. Mister Kustof. Mister Kustof, no. Mister Fitzpatrick. Mister Stubbe. Mister Stubbe, no. Miss Tenney. Miss Tenney, no. Misses Fis- Misses Fischbach. Mrs. Fischbach, no. Mr. Moore. Mr. Moore, no. Miss Van Duyn. Mr. Feenstra, Mr. Feenstra, no. Miss Malaitakis. Miss Malaitakis, no. Mr. Carey, Mr. Carey, no. Mr. Yockem. Mr. Yockem, no. Mr. Miller. Mr. Miller, no. Mr. Bean.

Rep. LaHood (IL-16)7:34:48 – 7:34:48

Bean, no.

Clerk7:34:48 – 7:35:30

Mr. Bean, no. Mr. Moran. Mister Neal. Mister Neal, yes. Mister Doggett. Mister Doggett, yes. Mister Thompson. Mister Thompson, yes. Mister Larson. Mister Larson, yes. Mister Davis. Mister Davis, yes. Miss Sanchez. Miss Sanchez, yes. Miss Sewell. Miss Sewell, yes. Miss DelBene. Miss DelBene, yes. Miss Chu. Miss Chu, yes. Miss Moore. Miss Moore, yes. Mister Boyle. Mister Boyle, yes. Mister Beier.

Rep. LaHood (IL-16)7:35:30 – 7:35:30

Yes.

Clerk7:35:30 – 7:35:33

Mister Beier, yes. Mister Evans.

Rep. LaHood (IL-16)7:35:34 – 7:35:34

Yes.

Clerk7:35:34 – 7:35:37

Mister Evans, yes. Mister Schneider.

Rep. LaHood (IL-16)7:35:37 – 7:35:37

Evans.

Clerk7:35:37 – 7:35:40

Mister Schneider, yes. Mister Panetta.

Rep. LaHood (IL-16)7:35:40 – 7:35:41

Yes.

Clerk7:35:41 – 7:35:54

Mister Panetta, yes. Mister Gomez. Mister Gomez, yes. Mister Horsford. Mister Horsford, yes. Miss Plaskett.

Rep. Smith (MO-8)7:35:54 – 7:35:55

Yes.

Clerk7:35:55 – 7:36:15

Miss Plaskett, yes. Mister Swazi. Mister Swazi, yes. Mister Buchanan. Mrs. Miller. Mister Fitzpatrick. Miss Van Duyn.

Rep. Smith (MO-8)7:36:15 – 7:36:15

No.

Clerk7:36:16 – 7:36:24

Miss Van Duyn, no. Mister Moran. Chairman Smith.

Rep. Smith (MO-8)7:36:25 – 7:36:25

No.

Clerk7:36:26 – 7:36:28

Chairman Smith? No.

Rep. Smith (MO-8)7:36:39 – 7:36:40

Clerk will report the vote.

Clerk7:36:42 – 7:36:46

Mister Chairman, the yeses are nineteen and the nos are twenty-two.

Rep. Smith (MO-8)7:36:46 – 7:36:51

There being nineteen yeses and twenty-two noes, the amendment is not agreed to. Are there additional amendments?

Rep. Neal (MA-1)7:36:52 – 7:36:52

Mister Thompson.

Rep. Smith (MO-8)7:36:53 – 7:36:53

Mister Thompson.

Rep. Neal (MA-1)7:36:54 – 7:36:58

Uh, thank you, Mister Chairman. I have a germane amendment at the desk.

Rep. Smith (NE-3)7:37:00 – 7:37:02

Mister Chairman, I reserve a point of order.

Rep. Smith (MO-8)7:37:02 – 7:37:06

A point of order has been reserved, uh, would the gentlemen suspend while the amendment is distributed?

Rep. Smith (NE-3)7:37:06 – 7:37:07

Certainly.

Rep. Smith (MO-8)7:37:12 – 7:37:13

Proceed, uh, Mister Thompson.

Rep. Neal (MA-1)7:37:13 – 7:40:04

Thank you, Mister Chairman. The Ways and Means Committee is the most important committee in the Congress. We are the only committee to derive our authority from the Constitution. When this committee states its priorities, not only does Congress listen, but so do the American people. We owe a duty to the American people to conduct robust oversight and to ensure their government is working for them. Right now, too many of the American people have lost trust in our government. My amendment updates our committee's priorities to ensure we're holding this corrupt administration accountable. It states that we will review the impact of Republican budget and staffing cuts on IRS enforcement. Enforcement that is meant to ensure big businesses and the ultra-rich don't cheat the system. It also states that our committee will conduct oversight of and examine President Trump's slush fund and its related settlement agreements. The American people deserve to know what their money is being used for and by whom. If the President and his allies are receiving millions of dollars while families are struggling to pay for groceries struggling to pay for health care struggling to pay for gasoline and struggling to pay for their utilities, then the American people deserve answers. Struggling Americans deserve to know whether insurrectionists and cop beaters are getting millions of dollars from the very government that they attacked. Mister Chairman, let's be clear, these people are not victims, they were not subject to lawfare or the weaponization of their government. They were convicted. They were convicted. Not by Joe Biden, not by the Democrats, not by partisan judges. They were convicted by juries of their peers. They were acting on behalf of this president who could not face the fact that he lost a free and a fair election. This administration claims to be the most transparent in history. So, as a committee, let's hold them to their word. If my friends on the other side truly believe in transparency and oversight, you should have no difficulty supporting my amendment. If you're afraid of this president, well, I guess you vote no. But I urge an adoption of this amendment. It is important. I yield back.

Unknown7:40:05 – 7:40:05

Yes, we do, sir.

Rep. Smith (MO-8)7:40:06 – 7:40:16

Further discussion on the amendment. Seeing none, the question is an agreeing to the amendment offered by Mister Thompson. All those in favor signify by saying aye. Aye.

Rep. Neal (MA-1)7:40:16 – 7:40:16

Aye. Aye.

Unknown7:40:17 – 7:40:17

Aye.

Rep. Smith (MO-8)7:40:17 – 7:40:19

Those opposed say no.

Rep. Neal (MA-1)7:40:19 – 7:40:19

No. No.

Rep. Smith (MO-8)7:40:20 – 7:40:22

The no in the opinion of the chair, the no's have it.

Unknown7:40:20 – 7:40:24

No affirmations. No affirmations?

Rep. Smith (MO-8)7:40:25 – 7:40:25

Yeah.

Unknown7:40:25 – 7:40:27

As we're a recorded vote.

Rep. Smith (MO-8)7:40:27 – 7:40:28

The clerk will call the roll.

Unknown7:40:30 – 7:40:35

Mister Buchanan. Mister Smith of Nebraska.

Clerk7:40:37 – 7:40:40

Mister Smith of Nebraska, no. Mister Kelly.

Unknown7:40:40 – 7:40:41

I don't know where to go.

Clerk7:40:42 – 7:41:01

Mister Kelly, no. Mister Schweikert. Mister LaHood. Mister LaHood, no. Mister Errington. Mister Estes.

Rep. Smith (MO-8)7:41:01 – 7:41:01

No.

Clerk7:41:03 – 7:41:37

Mister Estes, no. Mister Smucker. Mister Smucker, no. Mister Hearn. Mister Hearn, no. Mrs. Miller. Doctor Murphy. Doctor Murphy. No. Mister Kustof. Mister Kustof, no. Mister Fitzpatrick. Mister Stubbe. Mister Stubbe, no. Miss Tenney. Miss Tenney, no. Mrs. Fischbach.

Unknown7:41:37 – 7:41:37

No.

Clerk7:41:38 – 7:41:43

Mrs. Fischbach, no. Mr. Moore. Mr. Moore, no. Miss Van Duyn.

Unknown7:41:44 – 7:41:44

No.

Clerk7:41:45 – 7:41:57

Miss Van Duyn, no. Mr. Feenstra. Mr. Feenstra, no. Miss Malia Tauches. Miss Malia Tauches, no. Mr. Carey. Mr. Carey, no. Mr. Yockem.

Unknown7:41:57 – 7:41:58

No.

Clerk7:41:58 – 7:42:01

Mr. Yockem, no. Mr. Miller.

Unknown7:42:01 – 7:42:01

No.

Clerk7:42:02 – 7:42:04

Mr. Miller. No. Mr. Bean.

Patrick Dumas (Witness)7:42:04 – 7:42:05

Bean? No.

Clerk7:42:05 – 7:42:13

Mr. Bean? No. Mr. Moran. Mr. Neal.

Unknown7:42:13 – 7:42:14

Yes, Mr. Neal.

Clerk7:42:14 – 7:42:52

Mr. Neal? Yes. Mr. Doggett. Doggett. Mr. Doggett? Yes. Mr. Thompson. Doggett. Mr. Thompson? Yes. Mr. Larson. Yes. Mr. Larson? Yes. Mr. Davis. Yes. Mr. Davis? Yes. Miss Sanchez. Miss Sanchez, yes. Miss Sewell. Miss Sewell, yes. Miss Del Bene. Miss Del Bene, yes. Miss Chu. Miss Chu, yes. Miss Moore. Miss Moore, yes. Mister Boyle. Mister Boyle, yes. Mister Beyer. Mister Beyer, yes. Mister Evans.

Patrick Dumas (Witness)7:42:52 – 7:42:53

Yes.

Clerk7:42:53 – 7:43:00

Mister Evans, yes. Mister Schneider. Mister Schneider, yes. Mister Panetta.

Unknown7:43:00 – 7:43:00

Yes.

Clerk7:43:01 – 7:43:04

Mister Panetta, yes. Mister Gomez.

Unknown7:43:05 – 7:43:05

Yes.

Clerk7:43:06 – 7:43:12

Mister Gomez, yes. Mister Horsford. Mister Horsford, yes. Miss Plaskett.

Patrick Dumas (Witness)7:43:14 – 7:43:14

Yes.

Unknown7:43:14 – 7:43:14

Yes.

Clerk7:43:14 – 7:43:32

Miss Plaskett, yes. Mister Swazi. Mister Buchanan. Mister Schweikart.

Unknown7:43:33 – 7:43:33

Yeah.

Clerk7:43:34 – 7:43:53

No. Mister Errington. Mrs. Miller. Mister Fis- Mister Fitzpatrick. Mister Moran. Mister Swazi.

Unknown7:43:54 – 7:43:54

Yeah.

Clerk7:43:55 – 7:44:05

Mr. Mr. Mr. Swasey? Yes. Chairman Smith?

Rep. Smith (MO-8)7:44:07 – 7:44:07

No.

Unknown7:44:08 – 7:44:09

Yeah, it says six percent.

Clerk7:44:08 – 7:44:10

Chairman Smith? No.

Rep. Smith (MO-8)7:44:12 – 7:44:24

Oh. The clerk will report the vote.

Clerk7:44:31 – 7:44:34

Mister Chairman, the yeses are nineteen and the noes are twenty-one.

Rep. Smith (MO-8)7:44:35 – 7:44:52

There being nineteen yeses and twenty-one noes, the amendment is not agreed to. Are there additional amendments? Seeing none, the question is on the adoption of the amendment in the nature of a substitute. All those in favor signify by saying aye. Those opposed say no.

Unknown7:44:52 – 7:44:53

No.

Rep. Smith (MO-8)7:44:53 – 7:45:03

In the opinion of the chair, the ayes have it, and the amendment in the nature of a substitute is agreed to. I will now recognize Mister Estes for the purpose of offering a motion.

Rep. Estes (KS-4)7:45:04 – 7:45:10

Mister Chairman, I move the committee adopt the Ways and Means Committee budget views Ways and Means Committee

Clerk7:45:10 – 7:45:11

Probably.

Rep. Estes (KS-4)7:45:11 – 7:45:17

Ways and Me- Means Budget Committee Views and Estimates for Fiscal Year twenty twenty seven budget as amended.

Rep. Smith (MO-8)7:45:20 – 7:45:42

The question is on If we go to a different channel, okay. the question is on the motion to adopt the Ways and Means Committee budget views and estimates for fiscal year twenty twenty seven as amended. All those in favor say aye. Aye. Those opposed say no. No. The ayes have it. Okay, the clerk will call the roll.

Clerk7:45:44 – 7:45:48

Mister Buchanan. Mister Smith, Nebraska.

Rep. Smith (MO-8)7:45:49 – 7:45:49

Yes.

Clerk7:45:50 – 7:45:54

Mister Smith, Nebraska, yes. Mister Kelly.

Rep. Smith (MO-8)7:45:54 – 7:45:55

Yes.

Clerk7:45:55 – 7:46:01

Mister Kelly, yes. Mister Schweikert. Mister Schweikert, yes. Mister Lohood.

Rep. Smith (MO-8)7:46:01 – 7:46:01

Yes.

Clerk7:46:02 – 7:46:16

Mister Lohood, yes. Mister Errington. Mister Estes. Mister Estes, yes. Mister Smucker. Mister Smuck, Mister Smucker, yes. Mister Hearn.

Rep. Smith (MO-8)7:46:17 – 7:46:17

Yeah, yeah.

Unknown7:46:17 – 7:46:19

On the way. On the way.

Clerk7:46:18 – 7:46:19

Mister Hearn, yes.

Unknown7:46:19 – 7:46:19

Yes.

Clerk7:46:19 – 7:46:28

Mrs. Miller. Doctor Murphy. Doctor Murphy, yes. Mister Kustof.

Unknown7:46:29 – 7:46:31

Yes. I thought it was not on the way.

Clerk7:46:31 – 7:46:33

Mister Kustof, yes. Mister Fitzpatrick.

Unknown7:46:33 – 7:46:33

Yes.

Clerk7:46:34 – 7:46:37

Mister Fitzpatrick, yes. Mister Stubbe.

Unknown7:46:36 – 7:46:36

Yeah.

Clerk7:46:37 – 7:46:43

Mister Stubbe, yes. Miss Tenney. Miss Tenney, yes. Misses Fischbach.

Unknown7:46:42 – 7:46:42

Yeah.

Clerk7:46:43 – 7:46:45

Misses Fischbach, yes. Mister Moore.

Unknown7:46:45 – 7:46:46

I'm in.

Clerk7:46:46 – 7:46:49

Mister Moore, yes. Mister Van Duyn.

Unknown7:46:49 – 7:46:49

Yes.

Clerk7:46:50 – 7:46:56

Mister Van Duyn, yes. Mister Feenstra. Mister Feenstra, yes. Mister Maliatakis.

Rep. Smith (MO-8)7:46:56 – 7:46:56

Thank you.

Clerk7:46:56 – 7:47:08

Mister Maliatakis, yes. Mister Carey. Mister Carey, yes. Mister Joachim. Mister Miller.

Rep. Smith (MO-8)7:47:08 – 7:47:09

Yes.

Clerk7:47:09 – 7:47:11

Mister Miller, yes. Mister Bean.

Unknown7:47:12 – 7:47:13

yes

Clerk7:47:13 – 7:47:30

mister bean yes mister moran mister neal mister neal no mister doggett mister doggett no mister thompson mister thompson no mister larson

Unknown7:47:30 – 7:47:31

no

Clerk7:47:31 – 7:47:33

mister larson no mister davis

Unknown7:47:33 – 7:47:34

no

Clerk7:47:33 – 7:47:36

mister davis no miss sanchez

Unknown7:47:36 – 7:47:37

no

Clerk7:47:37 – 7:47:40

miss sanchez no miss sewell

Unknown7:47:41 – 7:47:42

No.

Patrick Dumas (Witness)7:47:41 – 7:47:43

Guys, uh, we're gonna start.

Clerk7:47:42 – 7:47:44

Miss Sewell? No. Miss Del Bene?

Patrick Dumas (Witness)7:47:43 – 7:47:44

No.

Unknown7:47:44 – 7:47:45

No.

Clerk7:47:45 – 7:47:47

Miss Del Bene? No. Miss Chou?

Unknown7:47:48 – 7:47:51

It's more than that. Three.

Patrick Dumas (Witness)7:47:51 – 7:47:52

We have to score it back and then.

Unknown7:47:52 – 7:47:58

Miss. Two. Three. No.

Clerk7:47:58 – 7:48:00

Miss Chou? No. Miss Moore?

Unknown7:48:00 – 7:48:01

No.

Patrick Dumas (Witness)7:48:00 – 7:48:01

No.

Clerk7:48:01 – 7:48:03

Miss Moore? No. Mr. Boyle?

Unknown7:48:02 – 7:48:02

No.

Patrick Dumas (Witness)7:48:03 – 7:48:03

No.

Clerk7:48:04 – 7:48:08

Mister Boyle? No. Mister Beyer?

Patrick Dumas (Witness)7:48:08 – 7:48:08

No.

Clerk7:48:10 – 7:48:11

Mister Buyer?

Unknown7:48:12 – 7:48:12

No.

Clerk7:48:13 – 7:48:16

No. Mister Evans?

Unknown7:48:16 – 7:48:17

No.

Clerk7:48:17 – 7:48:20

Mister Evans? No. Mister Schneider?

Unknown7:48:20 – 7:48:21

No.

Clerk7:48:22 – 7:48:26

Mister Schneider? No. Mister Panetta?

Unknown7:48:26 – 7:48:26

No.

Clerk7:48:27 – 7:48:30

Mister Panetta? No. Mister Gomez?

Unknown7:48:31 – 7:48:33

No. No. No.

Clerk7:48:34 – 7:48:39

Mister Gomez? No. Mister Horsford? Mr. Horsford, no. Miss Plaskett.

Patrick Dumas (Witness)7:48:39 – 7:48:40

Yeah.

Clerk7:48:40 – 7:48:42

Miss Plaskett, no. Mr. Swasey.

Rep. Smith (MO-8)7:48:41 – 7:48:43

I think that's that was Swasey.

Patrick Dumas (Witness)7:48:44 – 7:48:44

No.

Unknown7:48:45 – 7:48:47

Yeah. I think that's

Clerk7:48:46 – 7:48:47

Mr. Swasey, no.

Patrick Dumas (Witness)7:48:46 – 7:48:46

No.

Unknown7:48:47 – 7:48:47

Swasey.

Patrick Dumas (Witness)7:48:48 – 7:48:49

No.

Unknown7:48:49 – 7:48:50

Swasey.

Clerk7:48:50 – 7:48:50

Mr. Buchanan.

Unknown7:48:50 – 7:48:53

Yeah. I think that's Moran. I think that's Swasey.

Clerk7:48:52 – 7:48:56

Mr. Arrington. Mr. Arrington, yes.

Unknown7:48:55 – 7:48:56

I think that's Moran. Yeah.

Clerk7:48:57 – 7:49:01

Mrs. Miller. Mr. Yackem.

Patrick Dumas (Witness)7:49:02 – 7:49:02

Yes.

Clerk7:49:03 – 7:49:14

Mr. Yackem, yes. Mr. Moran. Chairman Smith.

Rep. Smith (MO-8)7:49:14 – 7:49:15

Yes.

Clerk7:49:15 – 7:49:17

Chairman Smith. Yes.

Rep. Smith (MO-8)7:49:27 – 7:49:29

The clerk will report the vote.

Patrick Dumas (Witness)7:49:27 – 7:49:29

Mm. I just

Clerk7:49:30 – 7:49:30

Mister Chairman,

Patrick Dumas (Witness)7:49:30 – 7:49:30

could tell you.

Clerk7:49:30 – 7:49:33

the yeses are twenty-three and the noes are nineteen.

Rep. Smith (MO-8)7:49:33 – 7:49:56

There being twenty-three yeses and nineteen noes, the motion is agreed to. and the views and estimates are adopted and will be transmitted to the committee on the budget. Without objection, I ask that staff be authorized to make technical and conforming changes to the views and estimates and that members have two additional days to file with the committee clerk, supplemental additional dissenting or minority views. There being no further business before the committee, the committee stands adjourned.

Rep. Suozzi (NY-3)7:49:57 – 7:49:58

I change my vote.

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