Sens. Carper, Coons urge Trump Admin to protect health coverage for people with preexisting conditions

WASHINGTON – Today, U.S. Senators Tom Carper and Chris Coons (both D-Del.) joined Senator Mark R. Warner (D-Va.) and 37 of their colleagues in urging the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) to protect individuals with preexisting conditions by limiting the proliferation of “junk plans” – short-term insurance plans that can exclude coverage for essential benefits and provide no protections for Americans with preexisting conditions.

“We have heard from patients, physicians, independent experts, and other health care stakeholders that individuals with preexisting conditions are being negatively impacted by your Administration’s actions. More recently, we have seen the real world negative impact on individuals who have unknowingly enrolled in these deceptively marketed junk plans,” wrote the Senators. “Just this month, Bloomberg reported Arizona resident David Diaz unknowingly purchased a short-term health plan that did not cover preexisting conditions and placed ambiguous limits on emergency room care and other essential health care services. His family has been left with hundreds of thousands of dollars in medical debt. The Washington Post similarly reported on Jesse Lynn, who purchased a short-term health plan not realizing his back problem would be considered a preexisting condition. Jesse’s insurance company refused to cover his care – forcing his family into bankruptcy.”

They continued, “The Administration’s rule on state waivers allows taxpayer dollars to go to these junk plans, accelerating the problems we are already seeing with junk plans and leaving fewer resources for people who purchase high quality insurance. Additionally, the Administration’s new rule weakens coverage by allowing waivers that increase premiums and out-of-pocket costs for those who need health care most. We have worked tirelessly to protect individuals with preexisting conditions from barriers to coverage. We urge you to do the same, including by limiting the proliferation of short-term junk plans and ensuring that consumers in every state are protected by federal consumer protections for people with preexisting conditions.”

The Trump Administration recently issued a rule that allows states to ignore federal consumer protections and use taxpayer dollars to subsidize junk insurance plans that cover less and cost more. These junk plans can exclude coverage of essential benefits like prescription drugs, emergency room visits, maternity care, or mental health care. Additionally, under this rule, states can give insurance companies the green light to discriminate against Americans with preexisting conditions by increasing costs, limiting coverage, or denying coverage altogether. 

In their letter, the Senators urged HHS Secretary Alex Azar and CMS Administrator Seema Verma to limit the spread of short-term junk plans and safeguard Affordable Care Act (ACA) protections that increase access to affordable and comprehensive health insurance, and forbid insurance companies from discriminating against individuals with preexisting conditions. 

Joining Sens. Carper, Coons, and Warner in writing this letter are Sens. Tammy Baldwin (D-WI), Cory A. Booker (D-NJ), Sherrod Brown (D-OH), Maria Cantwell (D-WA), Benjamin L. Cardin (D-MD), Robert P. Casey, Jr. (D-PA), Tammy Duckworth (D-IL), Richard J. Durbin (D-IL), Dianne Feinstein (D-CA), Kirsten E. Gillibrand (D-NY), Kamala D. Harris (D-CA), Margaret Wood Hassan (D-NH), Martin Heinrich (D-NM), Mazie K. Hirono (D-HI), Doug Jones (D-AL), Tim Kaine (D-VA), Amy Klobuchar (D-MN), Patrick J. Leahy (D-VT), Joe Manchin III (D-WV), Edward J. Markey (D-MA), Robert Menendez (D-NJ), Jeff Merkley (D-OR), Christopher Murphy (D-CT), Patty Murray (D-WA), Gary C. Peters (D-MI), Jack Reed (D-RI), Jacky Rosen (D-NV), Brian Schatz (D-HI), Charles E. Schumer (D-NY), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Debbie Stabenow (D-MI), Tom Udall (D-NM), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

Text of the letter can be found below and a PDF is available here. 

October 3, 2019

The Honorable Alex Azar

Secretary

U.S. Department of Health and Human Services

200 Independence Avenue, SW

Washington, DC 20201

The Honorable Seema Verma

Administrator

Centers for Medicare & Medicaid Services

7500 Security Boulevard

Baltimore, MD 21244

Dear Secretary Azar and Administrator Verma:

We write to express our concern with the Administration’s repeated efforts to weaken protections for Americans with preexisting conditions and increase costs for millions, including through a new rule  which allows for harmful waivers that weaken protections for vulnerable populations and exacerbate the damage already being caused by the expansion of short-term, limited-duration insurance, or “junk” plans. We have heard from patients, physicians, independent experts, and other health care stakeholders that individuals with preexisting conditions are being negatively impacted by your Administration’s actions. More recently, we have seen the real world negative impact on individuals who have unknowingly enrolled in these deceptively marketed junk plans.

We have heard directly from individuals with preexisting conditions and other Americans who are being negatively impacted by junk plans. Just this month, Bloomberg reported Arizona resident David Diaz unknowingly purchased a short-term health plan that did not cover preexisting conditions and placed ambiguous limits on emergency room care and other essential health care services. His family has been left with hundreds of thousands of dollars in medical debt. The Washington Post similarly reported on Jesse Lynn, who purchased a short-term health plan not realizing his back problem would be considered a preexisting condition. Jesse’s insurance company refused to cover his care – forcing his family into bankruptcy. No family should be forced into bankruptcy because of a preexisting medical condition or obscure coverage limits on care.

The Patient Protection and Affordable Care Act (ACA) established clear protections to prohibit insurance companies from discriminating against individuals with preexisting conditions, and ensure that more Americans have access to affordable and comprehensive health insurance. The junk plans your Administration has sought to expand and promote provide none of these protections and can legally increase premiums, exclude benefits, and deny coverage altogether to individuals with preexisting conditions. These plans place arbitrary coverage limits and many don’t cover essential health benefits, such as mental health care and maternity care.

The Administration’s rule on state waivers allows taxpayer dollars to go to these junk plans, accelerating the problems we are already seeing with junk plans and leaving fewer resources for people who purchase high quality insurance.

Additionally, the Administration’s new rule weakens coverage by allowing waivers that increase premiums and out-of-pocket costs for those who need health care most.

We have worked tirelessly to protect individuals with preexisting conditions from barriers to coverage. We urge you to do the same, including by limiting the proliferation of short-term junk plans and ensuring that consumers in every state are protected by federal consumer protections for people with preexisting conditions. Thank you and we look forward to your response.

Sincerely,  

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Sens. Coons, Tillis statement on the anniversary of Jamal Khashoggi’s murder

WASHINGTON – U.S. Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.), co-chairs of the Senate Human Rights Caucus, issued the following statement.

“One year ago today, U.S. resident and Washington Post columnist Jamal Khashoggi entered the Saudi consulate in Istanbul, Turkey.  Inside that diplomatic facility, he was brutally murdered in what the United Nations has deemed an ‘extrajudicial execution.’  We must hold accountable those responsible for Jamal’s murder and those who may have impeded a full, impartial investigation, regardless of their rank or position.

“As co-chairs of the Senate Human Rights Caucus, we commemorate and honor Jamal’s life by reaffirming our commitment to human rights and universal values, including freedom of the press.”

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Weeks before Pres. Trump can officially withdraw from Paris Climate Agreement, Sen. Coons insists U.S. remain in fight against global warming

WASHINGTON – With less than 40 days until President Trump can officially begin to withdraw the U.S. from the Paris Climate Accords, U.S. Senator Chris Coons (D-Del.) joined Senate Foreign Relations Committee (SFRC) Ranking Member, Senator Bob Menendez (D-N.J.), and the other Democratic members of the Committee in sending a letter to Secretary of State Mike Pompeo once again calling on the Trump Administration to provide valid justification for the United States’ withdrawal from the international accord. 

“Climate change is an existential threat that requires all countries and leadership from the United States to reduce global greenhouse gas emissions and avoid irreparable damage to our planet,” wrote the senators. “The United States Congress, American people, and the international community need to understand how the President is conducting climate change diplomacy and acting to combat global climate change – beyond just dogmatic skepticism of his predecessor’s work.” 

The Senators’ letter follows weeks of demonstrations demanding enhanced U.S. action to address the global threat of climate change, and lays out the members’ concerns with President Trump’s reckless decision to withdraw the United States from the Accord without a coherent plan for advancing U.S. national security and economic interests affected by it.

The senators also raise President Trump’s failure to deliver on his initial promise to negotiate a better and bipartisan agreement, writing: “We are not aware of any outreach efforts the administration has made to work ‘immediately’ on a ‘new deal’ with Democrats, nor have we seen or heard about any progress towards negotiating a new international ‘deal that’s fair.’”

Joining Coons and Menendez in sending the letter to Secretary Pompeo were Senators Ben Cardin (D-Md.), Jeanne Shaheen (D-N.H.), Tom Udall (D-N.M.), Chris Murphy (D-Conn.), Tim Kaine (D-Va.), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), and Cory Booker (D-N.J.).

Full text of the SFRC Democrats letters can be found here and below.

The Honorable Mike Pompeo

Secretary of State

U.S. Department of State

2201 C Street, N.W.

Washington, DC 20520

Dear Secretary Pompeo:

On June 1, 2017, President Trump announced the United States’ intention to withdraw from the Paris Climate Change Agreement. Though the announcement occurred more than two years before the U.S. could act to realize this plan, the earliest date (November 4, 2019) the President could initiate the yearlong withdrawal process is now 39 days away. We, the undersigned, write to urge you and the President to reverse this decision and remain a party to the Agreement. Climate change is an existential threat that requires all countries and leadership from the United States to reduce global greenhouse gas emissions and avoid irreparable damage to our planet.

We recognize that the Administration has refused these calls in the past, so in advance of the likely beginning of the U.S. withdrawal process; we are requesting that you provide Congress:

• Comprehensive justifications for the U.S.’s withdrawal from the Paris Agreement;
• Detailed explanations of the U.S. strategy for maintaining global leadership and influence on international cooperation to combat climate change – including strategic plans for continued engagement on decisions made within the framework of the Paris Agreement as an “observer” to Agreement; and
• Articulation of how U.S. interest are better served as a “non-party” to the Agreement.

A similar request was made of you in February to which you still have not responded.

The President’s June 1, 2017 announcement also stated a conditional interest in maintaining U.S. acceptance of the Paris Agreement, or initiating a new international agreement when he said, “we will start to negotiate, and we will see if we can make a deal that’s fair.” He also expressed interest “to immediately work with Democrats to either negotiate our way back into Paris, under the terms that are fair to the United States and its workers, or to negotiate a new deal”. We are not aware of any outreach efforts the administration has made to work “immediately” on a “new deal” with Democrats, nor have we seen or heard about any progress towards negotiating a new international “deal that’s fair”. Given that time is short, we insist that you provide Congress:

• A progress report on the administration’s efforts “to negotiate… a deal that’s fair”.
• Whether the administration will consider the concessions the U.S. successfully negotiated to the Paris Agreement “Rulebook” (also known as the “Katowice Rulebook”) at COP24 a sufficient “deal that’s fair” that warrants keeping U.S. party to the Paris Agreement?
  • If not, please explain why the Katowice Rulebook fails to satisfy such fairness tests, and why then did the U.S. support the adoption of the Katowice Rulebook?
• A determination as to whether the administration intends to follow through on the President’s stated intentions to “work with Democrats to either negotiate our way back into Paris… or to negotiate a new deal.” Granted, avoiding the predicate of withdrawing from the Paris Agreement, would alleviate the need for either such negotiations.

Although we strongly object, it is certainly the President’s prerogative to withdraw the U.S. from the Paris Agreement, and “to negotiate a new deal” with Democrats. Therefore, we urge you to provide Congress with the President’s proposed “new deal” (alternative to the Paris Agreement). Congressional Democrats and Republicans should have the opportunity to review such a proposal, as well as the opportunity to engage with the administration on the “new deal” intended for renewed negotiations with parties to the Paris Agreement.

We strongly believe that withdrawing the U.S. from the Paris Agreement amounts to a self-inflicted error that weakens America’s leadership on the world stage, diminishes the effectiveness of the international community’s efforts to combat climate change, and yields opportunity costs for the American private sector’s investments in clean energy innovation and marketing of more sustainable products. The United States Congress, American people, and the international community need to understand how the President is conducting climate change diplomacy and acting to combat global climate change – beyond just dogmatic skepticism of his predecessor’s work. We support maintaining U.S. participation and leadership within the Paris Agreement. While we disapprove of the President’s inclination to withdraw the U.S. from the Agreement, we do appreciate the opening he offered to keep the U.S. in the Agreement and we continue to wait for constructive engagement from the administration towards achieving that end. 

Thank you for your attention to this matter. We look forward to your response.

Sincerely,

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Senator Coons’ statement on the Trump Administration’s decision to slash refugee cap

WILMINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, released the following statement on the Trump Administration’s decision to slash the American refugee cap from 30,000 to 18,000 for FY2020.

“I’m extremely disappointed by the Trump Administration’s decision to once again lower the refugee cap. While I appreciate the Administration’s plans to reserve refugee slots for brave Iraqis who helped U.S. forces and for those fleeing persecution in Central America, I believe this decision is misguided. At a time when more than 65 million people are displaced worldwide, this decision by the Administration sends a chilling message to those around the world who look to the United States as a beacon of hope and security for persecuted peoples.”

In August, Senator Coons joined Senator James Lankford (R-Okla.) in sending a letter to the Administration to express concerns about reports of a proposed elimination of refugee resettlements.

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[VIDEO] Sen. Coons: President Trump’s call with Ukraine leader reads more like “a mob wiretap than a conversation between the presidents of two democracies.”

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, this morning joined CNN New Day to discuss the impeachment inquiry.

“What concerns me most here is we see a president who either doesn’t know or doesn’t care about what the line is between his personal political interests and how to pursue that and the national security interests of the United States,” said Senator Coons. 

“[T]his is recent, this is clear, and there was direct involvement by the President of the United States in seeking the engagement of the president of a young democracy under attack by Russia in ways that would help his 2020 election,” said Senator Coons.

Video and audio available here. 

Excerpts from the interview:

Have you read the whistleblower complaint?

Senator Coons: No, I have not. I am not a member of the Intelligence Committee, I am pressing to get the opportunity to review it. I think that it is significant that today both Acting DNI Maguire and the Intelligence Community Inspector General Atkinson will be appearing before the Intelligence Committees.

Your reaction to the phone call between President Trump and President Zelensky?

Senator Coons: First, it is not a transcript, as you well know, it is a summary, it is a memorandum, and it is striking to me that the White House released this summary of that call. It seemed clear to me that President Trump said to President Zelensky, “I am asking you a favor,” and then specifically raised whether or not President Zelensky and his new administration in Ukraine would assist with an investigation into President Trump’s leading opponent for the presidential candidate next year. This is striking that we have a President of the United States on an open call with the President of Ukraine, a country that has faced five years of withering attacks from Russian-supported separatists, and who was eagerly awaiting hundreds of millions of dollars in aid from the United States that had been suspended. This strikes me as a call that’s really more appropriate to be reading a transcript of a mob wiretap than a conversation between the presidents of two democracies. 

Do you think your Republican colleagues in the Senate had something to do with the changed tactics of the White House?

Senator Coons: I do think there were a number of Republican senators, I spoke to Senator Graham on the floor yesterday, obviously we saw Majority Leader McConnell join with Minority Leader Schumer in passing a unanimous resolution that the whistle-blower complaint ought to be advanced to the Intelligence Committees. I do think that there were signals sent by strong supporters of the President that he should come forward with this information because they were confident it would show nothing. In reading this memo summarizing that conversation, I see a there there. I see very clear evidence of a new president eager to receive assistance from the United States, and the President of the United States saying to him, “do us a favor” and then later saying “meet with my personal attorney, Rudy Giuliani,” who is not a representative of the State Department, the Defense Department. If President Trump’s answer as to why he did this, why he pressed for an investigation, why he held up the aid, was that somehow, he was concerned about corruption, then that’s a matter for the Department of Justice or the Department of State. If the president was legitimately concerned that our European allies were not helping out, his other excuse, that is a matter for the Department of Defense, the Department of State. Why is he inserting his own, personal attorney into this? And what has been the role of Attorney General Bill Barr in this? I think that deserves further and prompt investigation. 

I know you would like Attorney General Barr to appear before your committee. What would you ask him?

Senator Coons: First, I think it’s important to know whether or not the oversight mechanisms within the Inspector General for the intelligence community is functioning appropriately. That is something the Intelligence Committees are getting at today, but my understanding is that some of this matter was referred to the Department Justice and they concluded there was nothing there. It is striking to me if that was in fact their conclusion. Second, I think it is appropriate for us to know, and I am on the Foreign Relations Committee where this would be taken up, why the hundreds of millions of dollars in aid was slow-walked, was held up at the direction of the president. If there was no policy reason for it to be held up, that suggests even further, that is important circumstantial evidence, that President Trump was dangling this assistance, in order to compel cooperation with his personal political goal. Last, what concerns me most here is we see a president who either doesn’t know or doesn’t care about what the line is between his personal political interests and how to pursue that and the national security interests of the United States. 

Your reaction to Attorney General Barr’s statement?

Senator Coons: That is pretty unequivocal, and here is what is striking: President Trump proffered the excuse that he was concerned about corruption in Ukraine and thought corruption broadly needed to be investigated. That is the sort of matter that would properly have been referred through the Department of Justice, from our attorney general to their attorney general. If nothing like that was done and in fact the only follow up was through Rudy Giuliani, that is also important to know. 

Would you like to see Attorney General Barr recuse himself?

Senator Coons: Absolutely. I think it would be appropriate, especially if he has had no actual contact, if he is not engaged, not involved, then I would like to see him recuse himself from any further investigation into exactly this was handled in the White House. What I think we will hear later today or what I think the Intelligence Committees may well hear today is that what the whistleblower was concerned about was both the content of this call and the way that it was handled within the White House, ways in which White House staff acted to try and manage the record of this call and to prevent it from becoming public. That process within the White House is what I think is going to end up being a central concern, right alongside our president blatantly asking for the help of a foreign government in interfering in our 2020 elections against his strongest rival for the 2020 election, Joe Biden. 

The Washington Post reports that information about communications between President Trump and foreign leaders was transferred to a separate and different computer network from where those communications are normally stored. What do you make of that?

Senator Coons: Well, that is another intriguing detail that I think the Intelligence Committee today will be getting more information about. This is why I think it is appropriate for there to be an investigation into these details. Unlike the matter that Robert Mueller investigated for a long period of time, where it was somewhat opaque, it was hard to get to the bottom of it, what was actually discussed, who was actually at the meeting, this is recent, this is clear, and there was direct involvement by the President of the United States in seeking the engagement of the president of a young democracy under attack by Russia in ways that would help his 2020 election. This is much clearer, and intriguing developments like that, I think, suggest why this merits prompt investigation. 

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Senate Foreign Relations Committee passes the bipartisan TAIPEI Act authored by Sens. Coons, Gardner

Washington, D.C. – Today the U.S. Senate Committee on Foreign Relations unanimously passed the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act, authored by U.S. Senators Chris Coons (D-Del.) and Cory Gardner (R-Colo.). This bipartisan legislation is intended to strengthen Taiwan’s standing around the world and comes in response to increased Chinese pressure and bullying tactics intended to restrict Taiwan’s international space and global diplomatic recognition. 

“Taiwan’s democracy and free market economy are inspiring,” said Senator Coons. “In my visit to Taipei in April, I saw firsthand how Taiwan is a success story that deserves to be celebrated.  I am proud to work with Senator Gardner and other members of the Foreign Relations Committee to support this important legislation to preserve Taiwan’s international space.”

“The United States should use every tool to support Taiwan’s standing on the international stage,” said Senator Gardner. “This bipartisan legislation demands a whole-of-government approach to ramp up our support for Taiwan, and will send a strong message to nations that there will be consequences for supporting Chinese actions that undermine Taiwan. I applaud the Senate Foreign Relations Committee for advancing this critical bipartisan legislation, and I will continue to advocate on behalf of Taiwan and the Taiwanese people, as guided by United States law.”

The TAIPEI Act requires a U.S. strategy to engage with governments around the world to support Taiwan’s diplomatic recognition or to strengthen unofficial ties with Taiwan, calls on the State Department to exercise a range of diplomatic and assistance options with regard to any government that takes adverse actions with regard to Taiwan, and articulates a clear US policy to support Taiwan’s participation in appropriate international organizations. The bill also calls on the Administration to immediately begin negotiations on a U.S.–Taiwan Free Trade Agreement.

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Sen. Coons, Judiciary Committee colleagues: committee must investigate whistleblower report

All 10 committee Democrats call on Chairman Graham to request whistleblower report, call Attorney General Barr for hearing

WASHINGTON, D.C. – U.S. Senator Chris Coons (D-Del.) and all the Democrats on the Senate Judiciary Committee today called on Chairman Lindsey Graham (R-S.C.) to obtain and investigate the whistleblower report and hold a hearing with Attorney General Barr.

“We have a constitutional responsibility to determine the reasons for the whistleblower’s report and why it is being withheld from Congress. Specifically, this Committee should use compulsory process as needed to obtain witnesses’ testimony and relevant documents,” the senators wrote.

“We therefore ask that you convene hearings to address the facts underlying the whistleblower’s report, the Administration’s refusal to provide that report to Congress in contravention of the law, and any legal advice provided by the Department of Justice or the White House Counsel on these matters.”

Full text of the letter follows:

September 24, 2019

 
The Honorable Lindsey Graham
Chairman
U.S. Senate Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510

Dear Chairman Graham:

            This is to request that the Senate Judiciary Committee investigate the Trump Administration’s withholding of a credible and urgent whistleblower report from Congress, and specifically that this Committee hold a hearing with Attorney General Barr and ensure that Congress obtains the whistleblower report as well as any advice provided by the Justice Department regarding the Administration’s failure to transmit it to Congress.

            Over the weekend, President Trump explained that he had discussed a political rival, former Vice President Joe Biden, with Ukrainian President Volodymyr Zelensky in July. It has separately been reported that President Trump used U.S. aid to Ukraine as leverage to pressure President Zelensky into generating information that could be used to damage Vice President Biden’s presidential campaign. The President’s discussion with President Zelensky, and the Administration’s handling of security assistance to Ukraine, are reportedly the subject of the whistleblower’s report.

            Inspector General of the Intelligence Community Michael Atkinson has determined that the whistleblower’s report is “urgent and credible” and that it “relates to one of the most significant and important of the Director of National Intelligence’s responsibilities to the American people.” The Inspector General gave the whistleblower report to Acting Director of National Intelligence Joseph Maguire on August 26, 2019, with the understanding that the report was of “urgent concern.”

            The Intelligence Community Whistleblower Protection Act requires the Director of National Intelligence to forward to Congress any whistleblower report that the Inspector General deems credible and urgent “within 7 calendar days.” (50 U.S.C. § 3033(k)(5)). Yet Acting Director of National Intelligence Maguire has refused to provide the whistleblower report to Congress. His refusal is reportedly based on advice from the Department of Justice as well as the White House Counsel.

            Withholding this whistleblower report from Congress strikes at the core of the separation of powers and represents an attempt by this Administration to obstruct legitimate congressional oversight of the executive branch. The possible abuse of presidential authority and the obstruction of congressional oversight are matters that fall squarely within the Judiciary Committee’s jurisdiction. 

            We have a constitutional responsibility to determine the reasons for the whistleblower’s report and why it is being withheld from Congress. Specifically, this Committee should use compulsory process as needed to obtain witnesses’ testimony and relevant documents. 

            We therefore ask that you convene hearings to address the facts underlying the whistleblower’s report, the Administration’s refusal to provide that report to Congress in contravention of the law, and any legal advice provided by the Department of Justice or the White House Counsel on these matters.   

            We look forward to hearing from you soon about this important request. 

Sincerely,

Dianne Feinstein
Ranking Member

Patrick Leahy
United States Senator

Richard J. Durbin
United States Senator 

Sheldon Whitehouse
United States Senator

Amy Klobuchar
United States Senator

Christopher A. Coons
United States Senator

Richard Blumenthal
United States Senator

Mazie K. Hirono
United States Senator

Cory A. Booker
United States Senator

Kamala D. Harris
United States Senator

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Following first congressional hearing on President’s Muslim ban, Coons and Chu urge action on NO BAN Act

WASHINGTON – Today, following the first congressional hearing on President Trump’s Muslim ban, U.S. Senator Chris Coons (D-Del.) and U.S. Congresswoman Judy Chu (D-Calif.) urged Congress to take action on the NO BAN Act, legislation they introduced to immediately end the President’s Muslim ban and prevent another baseless, discriminatory ban from happening again. The hearing was jointly convened by the House Judiciary Subcommittee on Immigration and Citizenship and the House Foreign Affairs Subcommittee on Oversight and Investigations.

“The President’s Muslim ban is a moral stain on our country. It is a policy born out of hate and bigotry that continues to tear families apart,” said Coons and Chu. “Today’s hearing highlighted the stories of families across this country who have been separated for months or years – American citizens who are not able to live with their spouses, children who will never know their grandparents, and families who cannot gather to grieve or to celebrate, because of this hateful policy that does not make us safer.

“The Supreme Court relied on the existence of waivers in upholding the ban, and there is now overwhelming evidence that the waiver process is a sham. As of March 31, roughly 95 percent of people who applied for a visa from a banned country did not receive a waiver.

“It is up to Congress to lead and right this wrong. We applaud Chairs Lofgren and Bera for holding this hearing. It is our hope that after hearing today’s testimony, more of our colleagues will join us to provide greater protection from discrimination, reassert Congress’s role in setting immigration policy, and bring relief to families who have been separated because of the ban. Passage of the NO BAN Act would put us on the right path.”

The National Origin-Based Antidiscrimination for Nonimmigrants (NO BAN) Act repeals the three versions of President Trump’s Muslim ban, strengthens the Immigration and Nationality Act to prohibit discrimination on the basis of religion, and restores the separation of powers by limiting overly broad executive authority to issue future travel bans. The legislation is supported by over 200 members of Congress, more than 400 diverse civil rights, faith, and community organizations, more than 50 immigration law professors, states attorneys general, the tech community, and more. 

A summary is available here. 

Gov. Carney, Delaware Congressional Delegation oppose House legislation that would change bankruptcy venue laws

WILMINGTON – Delaware Governor John Carney (D), U.S. Senators Tom Carper and Chris Coons (both D-Del.), and U.S. Representative Lisa Blunt Rochester (D-Del.) issued the following statement after U.S. Representatives Zoe Lofgren (D-Calif.) and Jim Sensenbrenner (R-Wis.) introduced legislation that would change bankruptcy venue laws.

Many American businesses, including more than two-thirds of those in the Fortune 500, incorporate in Delaware in order to access Delaware’s world-class bench and bar with exceptional expertise in corporate legal issues and complex bankruptcies. The Lofgren-Sensenbrenner bill would hurt businesses across the country and deal a significant blow to Delaware’s economy, risking thousands of jobs in the legal and business services sectors, as well as industries serving those traveling to Delaware for business. 

“Companies from around the country choose to incorporate in Delaware specifically because of the expertise and experience of our judges, attorneys, and business leaders. Experienced bankruptcy courts and judges are critical to ensuring that restructurings preserve the underlying businesses and save jobs. Altering the venue laws that have been in place for decades and replacing them with restrictions undermines well-settled principles of corporate law, threatens jobs, and hurts our economy,” said Governor Carney and Delaware’s Congressional Delegation. “Our economy thrives when the bankruptcy system is fair, predictable, and efficient. Denying most American businesses the ability to file for bankruptcy in the courts of their choice would damage the bankruptcy system and the national economy. This legislation is misguided, and we strongly oppose it.”

The Lofgren-Sensenbrenner bill would limit companies’ choices by eliminating domicile from the venue options permitted when filing a Chapter 11 case. This would upend decades of precedent allowing businesses to file for Chapter 11 in the jurisdiction where they are incorporated. Currently, Delaware attracts complex Chapter 11 cases from businesses that are incorporated in Delaware, and thus the bankruptcy judges in Delaware are experienced in handling these difficult restructuring cases. Study after study shows that experienced bankruptcy courts promote predictability and post-restructuring survival. The National Conference of Bankruptcy Judges considered the venue issue less than a year ago, and they declined to recommend any change to the venue statute.  Under existing law, the United States Bankruptcy Court for the District of Delaware routinely grants transfer motions (granting 67.4% of non-duplicative adjudicated transfer motions since 2001), once again demonstrating that there is no justification for this dramatic proposed change.

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Sens. Coons, Leahy, Shelby add $250 million in election security funding to key spending bill

WASHINGTON – The Senate Appropriations Committee today approved $250 million in funds to support state and local governments’ efforts to strengthen election security ahead of the 2020 elections. The funding was included in a bipartisan amendment to the Financial Services and General Government (FSGG) Appropriations bill and sponsored by Senate Appropriations FSGG Subcommittee Ranking Member Chris Coons (D-Del.), Senate Appropriations Committee Vice Chairman Patrick Leahy (D-Vt.), and Senate Appropriations Committee Chairman Richard Shelby (R-Ala.). The funding will allow states to upgrade election technology, improve cybersecurity, and help prevent future cyberattacks. 

Coons said: “Our elections were attacked in 2016, and we have every reason to believe that they will be attacked again. Today, I’m pleased that, on a bipartisan basis, the Senate Appropriations Committee came to an agreement to provide $250 million in election security grants that will allow states to replace outdated election machinery and invest in cybersecurity. This is a responsible investment and I’m grateful to Senator Leahy for his leadership on this issue.”

Leahy said: “We know that the Russian government interfered in the 2016 presidential election, targeted our election infrastructure, and did so, according to Mr. Mueller, in ‘sweeping and systematic’ fashion.  This problem was not isolated to 2016 and we cannot be complacent now.  These funds are critical to our national security and I look forward to working with Senator Coons and others to increase this funding further in Conference.”  

The Senate Select Committee on Intelligence recently released a report outlining Russian efforts to interfere in the 2016 presidential election and target our nation’s election infrastructure in all 50 states, conducting reconnaissance, probing and mapping systems, and looking for vulnerabilities to exploit.  According to the report, the Russian government was able to gain access to election systems in two states, including successfully accessing and extracting up to 200,000 voter registration records in Illinois.

Despite the urgent threat to our Democracy and the integrity of our elections, the FSGG Appropriations bill did not contain funding to address this critical national security threat and has not provided funding since fiscal year 2018, causing Leahy and Coons to sound the alarm earlier this week.

The amendment is cosponsored by Senators Mitch McConnell (R-Ky.), Patty Murray (D-Wash.), Richard Durbin (D-Ill.), Jack Reed (D-R.I.), Roy Blunt (R-Mo.) Tom Udall (D-N.M.),  Jeanne Shaheen (D-N.H.), Jeff Merkley (D-Ore.), Tammy Baldwin (D-Wisc.), Lisa Murkowski (R-Alaska), Chris Van Hollen (D-Md.), Joe Manchin (D-W.Va.,) Susan Collins (R-Maine), and Dianne Feinstein (D-Calif.).

Text of the amendment is available HERE.