Providing for Consideration of H.R. Middle Class Borrower Protection Act of Providing for Consideration of H.R. Custom Health Option and Individual Care Expense Arrangement Act; and Providing for Consideration of H. Res. Condemning the Use of Elementary and Secondary School Facilities to Provide Shelter for Aliens Who Are Not Admitted to the United States

Floor Speech

Date: June 21, 2023
Location: Washington, DC

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Mr. BURGESS. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 524 and ask for its immediate consideration.

The Clerk read the resolution, as follows: H. Res. 524

Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3564) to cancel recent changes made by the Federal Housing Finance Agency to the up-front loan level pricing adjustments charged by Fannie Mae and Freddie Mac for guarantee of single-family mortgages, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and amendments specified in this section and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services or their respective designees. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 118-8, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. No further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules. Each such further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto to final passage without intervening motion except one motion to recommit.

Sec. 2. At any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3799) to amend the Internal Revenue Code of 1986 to provide for health reimbursement arrangements integrated with individual health insurance coverage. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and amendments specified in this section and shall not exceed 80 minutes equally divided among and controlled by the chair and ranking minority member of the Committee on Education and the Workforce or their respective designees and the chair and ranking minority member of the Committee on Ways and Means or their respective designees. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 118-9, modified by the amendment printed in part C of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. No further amendment to the bill, as amended, shall be in order except those printed in part D of the report of the Committee on Rules. Each such further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto to final passage without intervening motion except one motion to recommit.

Sec. 3. Upon adoption of this resolution it shall be in order without intervention of any point of order to consider in the House the resolution (H. Res. 461) condemning the use of elementary and secondary school facilities to provide shelter for aliens who are not admitted to the United States. The amendments to the resolution and the preamble recommended by the Committee on Education and the Workforce now printed in the resolution shall be considered as adopted. The resolution, as amended, shall be considered as read. The previous question shall be considered as ordered on the resolution and preamble, as amended, to adoption without intervening motion except one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and the Workforce or their respective designees.

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Mr. BURGESS. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Massachusetts (Mr. McGovern), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. General Leave
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Mr. BURGESS. Mr. Speaker, last night the Rules Committee met and reported a rule, House Resolution 524, providing for consideration of three measures: H. Res. 461, H.R. 3799, and H.R. 3564.

The rule provides for consideration of H.R. 3564 under a structured rule with 1 hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services or their designee.

The rule makes in order four amendments and provides one motion to recommit. The rule additionally provides for consideration of H.R. 3799 under a structured rule with 80 minutes of general debate equally divided and controlled by the chair and ranking minority member of the Committees on Education and the Workforce or their respective designees and Ways and Means or their respective designees. The rule makes in order three amendments and provides one motion to recommit.

Finally, the rule provides for consideration of H. Res. 461 under a closed rule with 1 hour of debate equally divided and controlled and by the chair and ranking minority member of the Committee on Education and the Workforce or their respective designees.

Mr. Speaker, I rise today in support of the rule and in support of the underlying bills.

Today, the Republican majority continues its long process of reversing and repairing the damages inflicted on the American people by the Biden administration and the previous Democrat majority.

Mr. Speaker, included in the rule is H.R. 3799, the Custom Health Option and Individual Care Expense Arrangement Act, or the CHOICE Arrangement Act, introduced by my friend from Oklahoma, Kevin Hern.

This legislation includes commonsense changes to help lower health insurance costs, increase competition in the healthcare market, and ensure access to high-quality, low-cost plans for Americans and small business owners and their employees.

In 2021, almost 55 percent of Americans were covered by employer- based health coverage. Employer-based health coverage is easily the most popular option for Americans to receive health insurance coverage. According to the National Federation of Independent Business, of small employers that did not offer health insurance coverage to their employees, two- thirds reported that the reason they do not offer the health insurance is because it is simply too expensive.

In 2019, President Trump and his administration published regulations allowing employers to provide their employees with a fixed amount of money each year in tax-preferred individual health coverage reimbursement accounts that an employee could use to buy coverage in the individual market.

Current regulations allow employers to establish individual coverage health reimbursement accounts which employees can use to purchase individual market coverage and pay for their out-of-pocket medical expenses.

The CHOICE Arrangement Act seeks to codify these regulations to provide tax-advantaged funds for employees to buy portable health insurance plans and requires notification to employers of the availability of these tax-advantaged health insurance benefits.

The CHOICE Arrangement Act also includes provisions codifying the right of small businesses to band together and form association health plans to offer pooled health insurance coverage to their employees.

This legislation will give employers maximum flexibility in how they provide coverage options for their employees by providing CHOICE arrangements while also providing expected benefits like dental plans, vision plans, accident, disability benefits, and more.

This legislation will also ensure that stop-loss coverage is not subject to Federal regulation under the Employee Retirement Income and Security Act. These commonsense changes will stop the Biden administration from administratively making healthcare more expensive by regulating stop-loss coverage and ensuring that small businesses can, in fact, remain competitive.

Mr. Speaker, also included in this rule is H. Res. 461. This condemns the practice of retrofitting our children's schools to house illegal immigrants. President Biden and the Democrats' failures at the southern border are so comprehensive, so overwhelming that municipalities are now co-opting the schools where we educate our children because President Biden refuses to secure the southern border.

Because President Biden cannot or will not secure our southern border, Mr. Speaker, our local communities and municipalities are now casualties of President Biden's border crisis.

The American people rightfully demand that President Biden and Democrats in Congress acknowledge this crisis. They demand that they not only acknowledge the crisis, Mr. Speaker, they demand that their Federal Government solve this self-inflicted crisis that is pushing our communities well past the breaking point.

New York City and its mayor, Eric Adams, are the first to cry uncle. Mr. Speaker, 2 months is how long Mayor Adams and New York City lasted, suffering under conditions of a size and scale not even comparable to the conditions that Texans have been enduring these past 2\1/2\ years under an administration that has only now started to pay attention to this humanitarian crisis when it started to affect their constituents.

Over and over again, we have pleaded with the Biden administration to take this crisis seriously, only to be rebuffed time and again. This humanitarian catastrophe can be laid squarely at the feet of the Secretary of Department of Homeland Security, Secretary Mayorkas, and, of course, President Biden who have chosen to do nothing rather than be labeled xenophobes by their progressive colleagues for actually enforcing existing immigration law and securing our southern border.

Mr. Speaker, the temptation for the Biden administration has been to bury their heads in the sand and hope that these waves of illegal immigrants coming across our border will, in fact, magically disappear. They will not, Mr. Speaker, not until President Biden finally gets serious about the border crisis by demanding that the Secretary of Homeland Security do his job and secure our southern border, or maybe find someone else who can do that job.

Finally, Mr. Speaker, the rule provides for consideration of H.R. 3564, the Middle Class Borrower Protection Act of 2023. This bill would repeal the Federal Housing Finance Agency's recalibrated single-family pricing framework to guarantee mortgages which would charge borrowers with higher credit scores larger fees to subsidize borrowers with lower credit scores.

If not for our Republican majority, Mr. Speaker, one out of every two borrowers with higher credit scores would be assessed higher mortgage fees in President Biden's radical equity agenda.

President Biden is telling the American people that if you work hard, if you are responsible with your finances, if you pay your bills on time, you are going to get to subsidize the mortgages of those who did not make the same sacrifices that you did in order to attain a higher credit score. This sends a terrible message to the American people.

Mr. Speaker, I thank Mr. Davidson for bringing us this final piece of legislation that underscores that the Republican majority stands with those middle-class families who have done the right thing and should not be pushed by a radical administration that is obsessed with radical wealth distribution schemes.

Mr. Speaker, the only entity cutting Social Security or Medicare right now is the White House, the Biden administration. Over the last 2\1/2\ years, cuts to Medicare have totaled probably $40 billion in the part B drugs administered in physician's offices and $300 billion in Medicare Advantage, all done through the Inflation Reduction Act last year. The only people talking about cutting Medicare right now is the administration, and that is really what ought to be stopped.

Right now, that is not the business at hand. What we are discussing today are three important bills that are going to be considered on the floor. I urge my colleagues to vote in favor of the rule and in favor of the underlying bills.

Mr. Speaker, there are hearings going on right now in the Energy and Commerce Committee for the reauthorization of the SUPPORT Act.

The SUPPORT Act passed in 2017-2018 in that Congress. It was a broadly bipartisan bill. It was geared toward dealing with the problems that were occurring in this country because of an opiate crisis.

Largely, the source of these opiates were prescription drugs that were diverted to other uses, and the consequence was people taking a good overdose and in fact dying from prescription drugs that were actually diverted from their intended use.

Five years later, we are in the process of reauthorizing the SUPPORT Act. The SUPPORT Act actually functioned as intended, it did reduce some of those overdose deaths downward until we were hit with the pandemic, and obviously that changed a lot of things.

In that 5-year interval, this disease has changed. It is no longer prescription opiates that are diverted, it is fentanyl. It is fentanyl that is poisoning our young people. It is fentanyl that is pouring in from the southern border.

Look, I get it. You want to say it is only coming in at the ports of entry--that is what you catch. Our Customs and Border Protection are so overwhelmed with the numbers of people who are coming in at the invitation of the President and the Vice President, people are pouring across our border.

Customs and Border Protection cannot do their normal job. They are doing housekeeping chores, taking care of people who are ill, children who are arriving at their doorstep, and they have no choice but to take care of them.

In the meantime, all other areas of the surveillance are non vis because Customs and Border Protection are tied up with this vast increase of humanity that is coming in. The bottom line is as we reauthorize the SUPPORT Act now, we are actually dealing with a different disease because fentanyl poisoning has replaced opiate overdose.

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Mr. BURGESS. Mr. Speaker, may I inquire as to the time remaining.
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Mr. BURGESS. Mr. Speaker, I have no other speakers, and I reserve the balance of my time.

Mr. Speaker, isn't it interesting that thanks to House Republicans and their investigative efforts there was a settlement yesterday where a member of the President's family has agreed to pay his taxes that he hasn't been paying. So that is a good thing that delivers money to the Treasury.

Oh, yes, about those background checks, it turns out a member of the President's family wasn't adhering to the background checks and the proper handling of a firearm.

So maybe we all learned something in that exchange over the last 24 hours.

I also want to correct a few things on the underlying bills. Association health plans, like all large employer plans, are required to cover preventative healthcare. This requirement includes covering women's preventative health services without cost sharing. In addition, all AHPs are required to cover pregnancy-related conditions and coverage of a minimal hospital stay after childbirth as mandated by the Affordable Care Act.

Title VII of the Civil Rights Act requires the plans to cover pregnancy, childbirth, and related conditions in the same manner as they cover other medical conditions under the association health plan.

The Newborns' and Mothers' Health Protection Act of 1996--that was about 10 years before the ACA--the Health Protection Act of 1996 requires large group association health plans to cover a hospital stay of at least 48 hours for a childbirth and at least 96 hours for a birth by caesarean delivery.

These are all requirements placed on large group employer-sponsored health plans. Expanding AHPs does not change these requirements. What it changes is making that valuable insurance available to more employees.

The CBO score that the gentleman referenced also had within it the notation that 200,000 people would be covered if this bill, the CHOICE Act, is enacted because insurance would not be as expensive for employers to provide and would give them more possibilities.

Here is probably the crux of that matter: 40,000 of these people have no insurance currently. So there will be 40,000 people moved from uninsured to insured by passing the CHOICE Act. I would say that is a good thing, and I think people would be supportive of that.

I do want to stress that it is important to support the rule and the underlying measures. I thank my colleagues for their diligence and hard work in bringing these important pieces of legislation to the floor today. The Republican majority has demonstrated, yet again, that we are putting forward a legislative agenda that works for all Americans and not just the well-connected few.

The material previously referred to by Mr. McGovern is as follows:

An Amendment to H. Res. 524 Offered By Mr. McGovern of Massachusetts

At the end of the resolution, add the following:

Sec. 4. Immediately upon adoption of this resolution, the House shall proceed to the consideration in the House of the resolution (H. Res. 178) affirming the House of Representatives' commitment to protect and strengthen Social Security and Medicare. The resolution shall be considered as read. The previous question shall be considered as ordered on the resolution and preamble to adoption without intervening motion or demand for division of the question except one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means or their respective designees.

Sec. 5. Clause 1(c) of rule XIX shall not apply to the consideration of H. Res. 178.
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