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WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) – Chairman of the Commerce Subcommittee on Consumer Protection – today introduced the Consumer Data Privacy and Security Act to strengthen the laws that govern consumers’ personal data and create clear standards and regulations for American businesses that collect, process and use consumers’ personally identifiable data.
“Americans need to be able to count on strong baseline responsibilities that businesses must uphold when collecting, processing and protecting their personally identifiable information,” said Sen. Moran. “While our economy has benefited from the use of data, these advancements should not be traded for an individual’s right to have control over their personal information. We have witnessed unauthorized activities and security breaches from bad actors attempting to access and process consumers’ personal data and sensitive information in unfair and deceptive ways. Without action from Congress, consumers will continue to be vulnerable to future threats against their personal data, and innovators and job creators will be plagued with regulatory uncertainty resulting from a growing patchwork of state laws.”
“It is clear that Congress needs to act to provide consumers and companies with a clear federal standard that lays out robust protections for consumers’ personal data, and I encourage my colleagues to support the Consumer Data Privacy and Security Act as the federal standard for comprehensive privacy legislation,” continued Sen. Moran.
The Consumer Data Privacy and Security Act would:
- establish a clear federal standard for data privacy protection, giving businesses a uniform standard rather than a patchwork of confusing state laws.
- provide consumers with control over their own data to access, correct and erase their personal data.
- require businesses that collect and process a significant amount of personal data to take extra precautionary steps to protect and responsibly process that data.
- prohibit companies from collecting data without consumers’ consent with limited and specific exceptions.
- require businesses to develop and implement robust data security programs to protect personal data from unauthorized access and disclosure.
- equip the Federal Trade Commission (FTC) and state attorneys general with authority to uniformly enforce federal consumer privacy protections while providing the FTC the resources necessary to carry out those authorities.
Click here for a detailed section-by-section of this legislation.
Click here to download the full bill text.
Timeline of Sen. Moran’s Work on Crafting a Federal Data Privacy Bill:
- November 8, 2017 – Sen. Moran participated in a full Senate Commerce Committee hearing on industry responses to Yahoo!’s 2013 data breach and Equifax’s 2017 data breach.
- November 27, 2017 – Sen. Moran (and Senators Thune, Hatch, and Cassidy) sent a letter to Uber Technologies pertaining to reports of a data breach involving the personal data of millions of customers.
- December 12, 2017 – Sen. Moran successfully enacted his Modernizing Government Technology (MGT) Act as part of the FY2018 NDAA, which focused on encouraging federal agencies to modernize their government IT infrastructure in the interest of securing government data (including personally identifiable information of taxpayers and federal employees).
- February 6, 2018 – Sen. Moran chaired a Senate Commerce Subcommittee hearing on vulnerability disclosure programs employed by industry actors, while specifically focusing on the Uber data breach and the use of its bug bounty program to conceal the incident.
- March 22, 2018 – Sen. Moran and Sen. Blumenthal sent a letter to Aleksandr Kogan seeking additional information about how the personal data of 50 million Facebook users was transmitted to Cambridge Analytica.
- April 10, 2018 – Sen. Moran participated in a joint hearing held by the Senate Commerce and Judiciary Committees that had Facebook CEO Mark Zuckerberg providing testimony. Senator Moran asked a series of questions pertaining to the provisions of Facebook’s (then) FTC consent decree and how allegations of its third-party sharing did not conflict with such provisions.
- June 13, 2018 – Sen. Moran chaired a Senate Commerce Subcommittee hearing following the joint full committee hearing with Facebook CEO Zuckerberg to focus on the collection and use of social media data and associated privacy concerns. Aleksandr Kogan from University of Cambridge and Ashkan Soltani a former FTC technologist provided testimony.
- September 20, 2018 – Sen. Moran (and Senators Blumenthal, Wicker, and Schatz) sent a letter to Commerce Secretary Ross to encourage the department to include Congress in any blueprint discussions regarding a national privacy framework.
- September 26, 2018 – Sen. Moran participated in a full Senate Commerce Committee hearing to examine the privacy policies of top technology and communications firms, including AT&T, Amazon, Google, Twitter, Apple, and Charter Communications.
- October 10, 2018 – Sen. Moran participated in a full Senate Commerce Committee hearing to examine lessons learned from the European Union’s General Data Protection Regulation and the California Consumer Privacy Act. This hearing included testimony from the European Data Protection Board Chair Dr. Andrea Jelinek and author of the California law Alastair Mactaggart.
- November 27, 2018 – Sen. Moran chaired a Senate Commerce Subcommittee hearing to conduct oversight of the Federal Trade Commission, which acts as the lead federal enforcer of consumer data privacy and security violations. All five commissioners were in attendance.
- February 27, 2019 – Sen. Moran participated in a full Senate Commerce Committee hearing in which he asked specific questions of industry stakeholders related to provisions that could be included in privacy legislation like FTC rulemaking authority, first-time civil penalty authority, and resources.
- March 26, 2019 – Sen. Moran chaired a Senate Commerce Subcommittee hearing to discuss small business perspectives on a federal privacy framework. The witnesses on the panel included consumer advocates and industry representatives from a variety of sectors, including Ryan Weber from the KC Tech Council.
- April 30, 2019 – Sen. Moran participated in a Senate Commerce Subcommittee on Security hearing on Cybersecurity of the Internet of Things (IoT), which included testimony from CTA, US Chamber of Commerce, Rapid7, USTelecom and NIST.
- May 1, 2019 – Sen. Moran participated in a full Senate Commerce Committee hearing that included testimony from Helen Dixon the Data Protection Commission for the Republic of Ireland (who spoke on the implementation of EU GDPR) along with others from consumer advocacy groups like ACLU, the Future of Privacy Forum and Common Sense Media.
- December 4, 2019 – Sen. Moran participated in a full Senate Commerce Committee hearing to examine legislative proposals to protect consumer privacy, which included testimony from a variety of industry stakeholders and a consumer advocate from Center for Democracy and Technology.
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Sens. Moran, Blumenthal Seek Assurances from IOC to Protect Olympic Athletes from Coronavirus in Tokyo
Mar 11 2020
WASHINGTON – U.S. Senators Jerry Moran (R-Kan.) and Richard Blumenthal (D-Conn.) – Chairman and Ranking Member of the Commerce Subcommittee on Manufacturing, Trade, and Consumer Protection, with jurisdiction over the health and safety of Olympic athletes – today wrote a letter to Thomas Bach, president of the International Olympic Committee (IOC), inquiring on the IOC’s plan to prevent the spread of the COVID-19 during the Olympic Games in Tokyo and protect the thousands of athletes, fans, sponsors and members of the media who will attend the games.
“Ensuring a safe and secure environment for athletes, fans, sponsors and members of the media from the threat of COVID-19 should be a top priority for the IOC, the Japanese Government, the Japanese Olympic Committee, and all National Olympic Committees around the world,” the senators wrote. “While there are indications that IOC has taken steps to protect travelers to the upcoming Olympic Games from this disease, many questions remain unanswered.”
Sens. Moran and Blumenthal requested Bach to answer the following questions:
- While we are aware that the U.S. Olympic and Paralympic Committee has an Infectious Disease Advisory Group, what internal organizational measures or actions has the IOC taken, to date, to specifically address and coordinate plans to prevent further spread of COVID-19 in preparing for the 2020 Olympic Games?
- Were there infectious disease coordination protocols for the 2020 Olympic Games in place prior to the initial reports of the COVID-19 outbreak? If so, what were those protocols?
- Please describe in detail the IOC’s coordination efforts with the WHO, the U.S. Centers for Disease Control and Prevention (CDC), the Government of Japan, and the relevant local health agencies in Tokyo to prepare for the upcoming Olympic Games and the expected influx of attendees.
- Are there specific contingency plans to effectively respond to a confirmed case or cases of COVID-19 during the games? If so, what are these plans?
- Please describe the frequency and substance of communications with the participating NOCs and their members.
- Are unique precautions being taken related to specific NOCs that are geographically located in countries with prevalent numbers of COVID-19 cases? If so, what are those measures?
- Please describe in detail any other relevant actions being taken by the IOC as it relates to preventing the spread of COVID-19.
Click here to view the signed letter.
WASHINGTON – U.S. Sens. Jerry Moran (R-Kan.) and Jacky Rosen (D-Nev.) – members of the Senate Committee on Commerce, Science, and Transportation – introduced legislation this week to recognize women working in the aviation industry and designate March 2-8, 2020, as “Women of the Aviation Workforce Week.”
“The most famous woman in aviation—Amelia Earhart—grew up in Atchison, Kansas, and soared into the history books, setting flight records and breaking barriers,” said Sen. Moran. “She led the way for thousands of women to pursue careers in aviation as engineers, flight crew members, air traffic controllers and pilots. Despite her ground-breaking efforts, less than 10 percent of aeronautical engineers in the U.S. are women, and women make up less than eight percent of our pilots. To address this disparity, I helped create an advisory board at the FAA that aims to support women in aviation and better meet the growing demand for workers in the industry. As more women pursue careers in aviation, I’m proud to join my colleagues in sponsoring this resolution to recognize Women of the Aviation Workforce Week.”
“Women make up half of the workforce in our country yet still only make up a fraction of the jobs in aviation industries,” said Sen. Rosen. “I’m proud to introduce this bipartisan resolution during Women’s History Month to encourage more women to enter the aviation workforce to meet the needs of this growing sector, while also working to increase diversity in these high-demand fields. I will continue working on forward-thinking legislation, like my bipartisan Building Blocks of STEM bill, to encourage girls in school to take an interest in STEM careers to ensure that we have a workforce equipped with the tools necessary to succeed in a 21st century.”
WASHINGTON – U.S. Sen. Jerry Moran (R-Kan.) today released the following statement on the Senate’s vote to pass a supplemental funding package to protect against the coronavirus:
“The threat of coronavirus is serious, and today the Senate took an important step to ensure our federal, state and local governments have the tools necessary to help protect against the spread of the virus. The Senate passed an $8.3 billion supplemental funding package to supply test kits, quarantine locations, additional medical staff, further research on the virus and more. I am pleased that Kansas will receive $6 million to bolster the state’s efforts to protect against the coronavirus. This funding is an important step in protecting the health of the American people, and I will continue to work with the administration, state and health officials to make certain we are ready on all fronts to stop the spread of this virus.”
Items to Note:
- Sen. Moran spoke with HHS Secretary Alex Azar about proposed supplemental funding for the coronavirus.
- Sen. Moran met with Secretary of the Kansas Department of Health and Environment Dr. Lee Norman to discuss how the state can be engaged in helping combat the coronavirus.
- Sen. Moran met with Secretary of the Army Ryan McCarthy and Chief of Staff of the Army General James McConville to learn more about preventative measures the Army is taking to protect Fort Riley soldiers who are serving near infected areas in South Korea.
- Click here for more information on the Coronavirus Emergency Supplemental package.
Midwest Senators Introduce Legislation to Overhaul Management of Missouri River System Water Projects
Mar 05 2020
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) today introduced legislation with U.S. Senators Roy Blunt (R-Mo.), Joni Ernst (R-Iowa), Deb Fischer (R-Neb.), Chuck Grassley (R-Iowa), Josh Hawley (R-Mo.), Pat Roberts (R-Kan.) and Ben Sasse (R-Neb.) to overhaul the U.S. Army Corps of Engineers’ (USACE) process for managing water resources projects along the lower Missouri River system. The Lower Missouri River Flood Prevention Program Act, cosponsored by all of the senators from the lower Missouri River basin states, would establish a new program that would require the USACE to implement a system-wide approach to water development projects to reduce flood risk and improve flood protection along the lower Missouri River.
“After years of inadequate flood control proposals and funding, flooding along the lower Missouri River continues to increase in intensity, devastating homes, farms and businesses,” said Sen. Moran. “Rather than taking ineffective reactionary measures after severe flooding occurs, this legislation would provide the U.S. Army Corps of Engineers with the necessary tools to create a comprehensive, long-term solution instead of another temporary fix. This legislation would streamline the process of flood control project construction within the lower Missouri River Basin, empowering the Army Corps to mitigate flooding along the river to make certain Kansans’ homes and businesses are better protected in the future.”
“After the historic flooding we saw over last spring and in previous years, it is clear that we need to fundamentally change the way the Missouri River is managed,” said Sen. Blunt. “Farmers, families, and local officials I’ve talked to are rightly concerned with the lack of progress that has been made in repairing damaged infrastructure and putting stronger protections in place for the future. We can’t just sit by and wait for the next major flood event. This bill will give the Army Corps of Engineers the ability to develop a comprehensive system plan to design and build critical flood control projects that will do a better job of protecting people and property.”
“As evidenced by the recurring flooding in the lower basin, the current approach is not working. At the federal level, we need to work toward a long term solution to our region’s flood control challenges. I’m glad that all of my Senate colleagues representing the lower basin states are making this issue a priority and will continue to work with them,” said Sen. Ernst.
“Much of Nebraska’s critical flood control infrastructure still needs repair following last year’s severe flooding,” said Sen. Fischer. “The federal government can do a better job of protecting our communities from these extreme weather events. Our bill would improve and streamline the Army Corps of Engineers’ planning and construction for flood control projects in the Lower Missouri River Basin.”
“I heard directly from Iowans across the state last year about how the historic flooding was having a devastating impact in their communities. It’s important that we learn from those experiences and do what we can to protect against and prevent future flooding. This bill will empower the Army Corps of Engineers to work with stakeholders along the Lower Missouri River to more seamlessly implement projects through the study, design and construction phases,” said Sen. Grassley.
“After last year’s catastrophic flooding, it is clear the Army Corps of Engineers has failed to manage the flood risks on the Missouri River. It is time that they put the Missourians whose homes, crops, and livelihoods have been destroyed at the top of their priority list,” said Sen. Hawley. “For months now I have pressed the Corps for answers and change is needed. The Corps should build a flood control system capable of protecting Missourians who make their living along the river and put a stop to this vicious cycle.”
“I am pleased to join my colleagues in introducing this key legislation to address the detrimental damage caused by flooding in Kansas and throughout the region,” said Sen. Roberts. “For years, I’ve seen firsthand the extent of the damage in areas of our state caused by floods, with this past May being the most recent example. It is time we take a system-wide approach. This bill would direct the Army Corps of Engineers to look at the Lower Missouri region as a whole and establish necessary projects to protect our communities against future flooding.”
“Nebraska farmers and ranchers have slogged through a tough year and they’ve been working hard to get back on their feet before planting season,” said Sen. Sasse. “The last thing they need is the threat of more flooding looming over them. The Army Corps has done a lot to help, but they’ve got to streamline operations. With this bill, Congress can give the Corps the direction they need to provide flood protection to landowners, communities, and citizens.”
"This historic proposal by Senator Blunt is the boldest and most meaningful proposal the lower Missouri River states have seen since the original flood control Act," said Ray County farmer and Chairman of the Missouri River Levee and Drainage District Association Tom Waters. “As a new flood season approaches, farmers and communities are grateful the entire four-state Senate delegation is pressing forward with a system that works to protect farms, communities, roads, bridges and rail traffic."
“We applaud this much needed effort to develop a comprehensive flood control program for the Missouri River system,” said President of the Missouri Farm Bureau Blake Hurst. “Simply put, we cannot continue to do things the way they have always been done and expect different results. We should use what was learned from recent flood events and take bold steps to build a system that provides improved flood protection throughout the lower Missouri River basin. This legislation is a huge step forward and we will work hard for its passage.”
“The Coalition to Protect the Missouri River is grateful for Senator Blunt’s leadership and common-sense approach to recovery following the historic flooding that we witnessed in 2019,” said Chair of the Coalition to Protect the Missouri River Lynn Muench. “The Lower Missouri River Flood Prevention Program Act cuts red tape, strengthens our ability to withstand future flooding and protects navigation – all of which are very important to our members and everyone who lives and works along the Missouri River.”
The proposal provides greater efficiencies and streamlining with regard to how the USACE plans for and manages Missouri River water resource development projects from inception to completion. Specifically, the Lower Missouri River Flood Prevention Program Act would:
- Require the Secretary of the Army to administer a program to study, design, and construct water resources development projects, and modify completed water projects, to provide flood protection to affected communities;
- Direct program authority to encompass 735 miles of the Missouri River (from Sioux City, Iowa, to the mouth of the river);
- Require the Secretary of the Army to develop a system plan for reducing flood risk and improving flood resiliency;
- Provide authority, after development of a project feasibility report, for the Secretary of the Army to construct projects where the federal share does not exceed $75 million. This would streamline and facilitate the USACE’s ability to initiate feasibility studies and planning for projects within a certain funding threshold where the agency traditionally has to seek separate authorization for these types of activities;
- Require congressional authorization for projects where the federal share exceeds $75 million. The federal cost-share for feasibility reports and construction would be 80%; and
- Require consultation with applicable federal and state agencies, tribes, and stakeholders.
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) today announced the Kansas Department of Transportation was awarded $27 million for upgrades to the South Kansas and Oklahoma Railroad, utilized by rural customers across Kansas to transport crops, minerals, chemicals, steel and other products across the country. This funding was awarded through the U.S. Department of Transportation’s Federal Railroad Administration’s (FRA) Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program.
Last month, Sen. Moran spoke with FRA Administrator Ronald Batory in support of this project and also wrote a letter of support last October. This grant will help replace the current rail with heavier rails that can accommodate trains moving at faster speeds and carrying a higher capacity. Additionally, these changes will help enhance safety, increase efficiency and reduce fuel usage.
“Farmers and businesses that have made their homes in rural communities rely on rail transportation to move their products to markets around the state and country,” said Sen. Moran. “This grant will allow the South Kansas and Oklahoma Railroad to modernize their railways, increasing the speed of transportation and permitting heavier shipments to be moved across the region. I’m excited for the new economic opportunities this grant will afford our farmers and manufacturers in rural Kansas.”
Sen. Moran Votes to Support Two Pro-life Bills
Feb 25 2020
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) today voted to advance two pro-life bills he cosponsored that would help protect babies who survive abortions and limit abortions after 20 weeks of gestation, at which point unborn infants are capable of feeling pain. Despite bipartisan support, the bills failed to reach the 60-vote threshold needed to advance.
“I voted to defend the sanctity of life by protecting both children who survive an abortion and those unborn infants whom we know, based on science, can feel pain,” said Sen. Moran. “Today, the Senate had an opportunity to send a message showing who we are as leaders and as a society as a whole—one that protects the weak and the voiceless, instead of one that permits their destruction. I regret the Senate failed a fundamental test.”
Born-Alive Abortion Survivors Protection Act
The Born-Alive Abortion Survivors Protection Act would require that babies who survive an abortion are provided the same medical care as any child born at the same gestational period. The Centers for Disease Control and Prevention (CDC) reported that between 2003 and 2014 at least 143 babies were born alive during abortions. This legislation would require those babies to be provided life-saving medical services.
Pain-Capable Unborn Child Protection Act
The Pain-Capable Unborn Child Protection Act would limit abortions after 20 weeks gestation, at which point scientific data shows an unborn child is capable of experiencing pain. The United States is one of only seven countries that allows elective abortions after 18 weeks post-fertilization, joining countries like China and North Korea. In 2017, more than 11,000 abortions were performed after 20 weeks of gestation.
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) today announced $14 million in grants from the Department of Transportation for repairs, updates and expansions at 24 Kansas airports.
“Kansas airports are vital to the regional economies throughout Kansas, connecting communities large and small and providing necessary supplies and emergency medical services for rural areas across the state,” said Sen. Moran. “These grants will help fund needed repairs and expansions to multiple Kansas airports to continue providing efficient service to Kansans and continued development throughout the state.”
Lawrence Municipal airport was awarded $3,610,032 to repair and rehabilitate the runway.
Garden City Regional airport was awarded $1,726,151 to install pavement markings to enhance airfield safety.
Hays Regional airport was awarded $1,435,567 to install runway vertical and visual guidance systems.
Gardner Municipal airport was awarded $600,000 to acquire land to enhance the runway.
Syracuse-Hamilton County Municipal airport was awarded $600,000 to construct a new hangar.
Blosser Municipal airport was awarded $567,000 to reconstruct lighting on the taxiway and seal the taxiway pavements and joints.
Russell Municipal airport was awarded $517,000 to seal the surface of the runway pavement, helping make certain the runway is safe for landing and takeoff.
Strother Field was awarded $494,263 to update the taxiway and reconstruct the airport’s rotating beacon.
Tri-City airport was awarded $466,259 to help construct an 800-foot connector taxiway.
Meade Municipal airport was awarded $454,639 to install airfield guidance signs.
Cimarron Municipal airport was awarded $450,000 to reconstruct the airport apron and taxi lane.
Cheyenne County Municipal airport was awarded $450,000 to perform sealing and crack repairs to the runway.
El Dorado/Captain Jack Thomas Memorial airport was awarded $393,078 to install new vertical and visual guidance systems and reconstruct the airport’s lighting system.
Rooks County Regional airport was awarded $349,200 to acquire snow removal equipment to keep the airport serviceable when there is snow.
Augusta Municipal airport was awarded $306,000 to fund the first phase of reconstructing a portion of the runway.
Phillipsburg Municipal airport was awarded $279,000 to rehabilitate the existing parking lot and the airport access road.
Ulysses airport was awarded $225,000 to update the airport’s master plan.
Kingman airport was awarded $220,500 to perform sealing and crack repairs to the runway.
McPherson airport was awarded $202,500 for project updates to the airport’s master plan study to reflect the future needs of the airport.
Emporia Municipal airport was awarded $180,993 to acquire additional land for the airport.
Shalz field was awarded $153,375 to update the airport’s master plan.
Lyons-Rice County Municipal airport was awarded $150,000 to update its existing airport master plan.
Medicine Lodge airport was awarded $93,060 for an environmental study to evaluate potential environmental impacts to proposed tree and vegetation removal.
Ottawa Municipal airport was awarded $91,935 to install a new wind cone and segmented circle navigational aids to provide pilots with critical airfield information.
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) today announced $564,567 in grants from the Department of Transportation for Wichita Dwight D. Eisenhower National Airport and Colonel James Jabara Airport for repairs, updates and expansions.
“Both Wichita Dwight D. Eisenhower National Airport and Colonel James Jabara Airport bring visitors, business, supplies and economic opportunities to the Wichita area,” said Sen. Moran. “These grants are an investment into the continued safe and efficient air travel to and from Wichita.”
“These grants are essential to the maintenance and development of the critical infrastructure of the Wichita Airport System, which is a huge economic engine for our region,” said Director of Airports for the Wichita Airport Authority Victor White. “We are always greatly appreciative of the support we receive from Sen. Moran and our entire Congressional Delegation in furthering the needs of our airports.”
Wichita Dwight D. Eisenhower National Airport was awarded $189,000 to help update the airport’s pavement management study.
Colonel James Jabara Airport was awarded two grants for $67,500 and $308,067 to conduct a pavement management study and update the airport’s master plan to reflect the future needs of the airport.
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) today joined Senator Roy Blunt (R-Mo.) on the Senate floor to raise concerns with the Department of Health and Human Services (HHS) new policy for national liver allocation.
Sen. Moran and Sen. Blunt have led efforts to stop the Organ Procurement and Transplantation Network’s (OPTN) move to change the liver allocation policy, which would negatively impact patients awaiting transplants in Midwestern states, including Missouri and Kansas. The senators have continually urged Secretary Azar to delay the implementation of changes to the national liver allocation policy while there is ongoing litigation.
“The lack of interest and concern exhibited by those involved in this process is appalling to me,” said Sen. Moran. “I stand here today because of the outright refusal of the Secretary of Health and Human Services to halt the implementation of this damaging and unfair health policy that has not withstood examination by either medical experts or our nation’s judicial system.”
Click Here to Watch Chairman Moran’s Full Remarks
Remarks as delivered:
“I certainly rise to support the remarks of my colleague from Missouri, Senator Blunt, and I thank him for his leadership. He is in an important position as the chairperson of the Labor, Health, and Education Appropriations Subcommittee responsible for appropriating funds to the Department of Health and Human Services. I serve on that subcommittee with him.
“He is a leader in so many ways, but I am so pleased that we are allies on this issue. This issue of life and death for Kansans, Missourians and to my colleagues on the Senate floor – this is really a life and death issue for many of your constituents across the country but particularly in rural areas in the Midwest and in the south. The decisions that have been made, the decisions that are being made, have huge consequences that will affect families, individuals and their lives today and for years to come.
“I expressed my concerns, my deeply held belief that the Department of Health and Human Services is failing to do its job. Their harmful actions will damage the liver allocation policy in this country in the way that I just described.
“The policy discussion that we're having here today is important. It’s important any day, but it's relevant as the National Donor Day is this Friday, February the 14th. I want to take a moment to thank those across Kansas and Missouri and around the country who have donated their organs to give the gift of life.
“Senator Blunt is right. I think there is a tendency on the part of people to donate an organ knowing that somebody, maybe they certainly don't necessarily know them, but somebody who might live down the street or live in the same community or live in the same state. There is a sense of community across this country that is being destroyed.
“The end result of that is there will be fewer donors donating organs for the lives of others. These changes to the United Network for Organ Sharing (UNOS) distribution policy - they redistribute the organs from states and regions that have high donor organ rates to areas that have historically underperformed – results in patients in Kansas and those in the Midwest and Southern states to wait a much longer time for the organ.
“I spoke on this topic on the Senate floor back before this destructive policy was pushed forward. I spoke in 2018, and we are still here today. The lack of interest and concern exhibited by those involved in this process is appalling to me. I stand here today because of the outright refusal of the Secretary of Health and Human Services to halt the implementation of this damaging and unfair health policy that has not withstood examination by either medical experts or our nation’s judicial system.
“In fact, the United States District Court has been forced to place multiple injunctions on the implementation of this policy last year as HHS tried to force this policy upon patients across the nation despite a lawsuit from the collection of our nation's best transplant centers. So the organizations that are fully engaged in opposing this process are the people who transplant the organs to those who are in desperate need of them - it's the experts, it’s the surgeons, it's the transplant centers in universities and hospitals across a wide swath of the country.
“HHS has ignored the initial injunction order and began to implement the harmful policy, so they had to seek a second injunction in order to force them to have the injunction upheld. In explaining the court order, this district judge – it’s in the district in Georgia – said the ‘difficult and wrenching’ policy, ‘creating profound issues and institutional disruption’ and concluded that this policy will undoubtedly cause harm to patients and particularly those in rural areas.
“There is also mounting evidence that the United Network for Organ Sharing and its CEO have acted in disregard, and I would say callous disregard, for rural areas in the Midwest and South throughout the development of this policy. The same areas have the highest donation rates and play an enormous role in the lifesaving transplant system. The people that live there are the ones that are being harmed. Those who are crafting and implementing this system continually disregard the evidence that shows these areas are already suffering under the weight of HHS’ new policy.
“As I've said before, this policy tosses aside all public concerns from patients, transplant surgeons, hospitals and best practices to improve the availability of organs across the nation. There is no reason to have a regional fight. There are ways to do this that benefits all regions of the country. It also carries the risk of decreasing those organ donations that will then damage everyone. This limits the availability and access to donated organs and damages the ability for major transplant hospitals – in the case of Kansas, the University of Kansas Hospital – to perform these services for patients.
“This is particularly frustrating because dating back to December 2017, the board of the Organ Procurement and Transplant Network (OPTN) has approved an equitable liver allocation process that serves the entire community’s best interest. This was a necessary policy reform that took years of consideration and would better benefit the entire country based upon compromise by transplant experts, patients and important stakeholders. That policy was abandoned.
“We were assured when it was abandoned that OPTN and the Health Resources and Services Administration (HRSA) that the public comments would be considered. That policy that took years to develop and involved the evaluation of experts and give and take in the process was overturned so easily. We were promised we'd have the opportunity for those who had concerns with this policy to have input. And the reality of that fact is that was a lie. It was not true.
“Many concerns were made by patients, by transplant centers, by surgeons and they were never considered by OPTN in their rushed process to finalize the policy. The reasons they were not considered was because the overwhelming negative responses caused the entire comment system to completely shut down. So people across the country commented on it, they commented in such frequency that the ability for the computer system to log, the telephone system to log, the input crashed.
“Of course, did the OPTN wait until they could get those comments and consider them? No, they made the decision without that input. In fact, the president of OPTN has informed many commenters in the transplant community that their concerns over the new policy were not even read by the board that approved the policy. Many transplant hospitals, surgeons and medical professionals who had deep concerns and took time out of their busy days to express them never were heard. They were ignored.
“These are the people who are tasked with saving lives through the transplants that they perform each and every day, yet their opinions were essentially deemed invalid. It appears that HRSA and OPTN making policy in such a reckless fashion has become the normal state of affairs.
“Despite the continual efforts by Senator Blunt and I to get Secretary Azar to review, to modify and to consider and reconsider to put on hold this policy, we have had no success. Additional oversight is desperately needed to restore some semblance of common sense in the actions and policies that are being taken and deployed. I'm deeply disappointed in the actions of Secretary Azar, HRSA, OPTN and UNOS. This process has been flawed from the start to finish, guided by not what is best for the country, but how best to step sidestep a specific single lawsuit. Organ procurement and allocation policy is too important to be decided in this fashion.
“Secretary Azar – the University of Kansas health system typically performs eight to ten liver transplants per month. Since this policy that has been implemented under your administration they have performed zero – zero – transplants since its implementation, as a direct result of the policy.
“Current estimates are at KU, the hospital, it may take up to six months before they are able to provide another one of these lifesaving organ donation operations. Meanwhile, those on the transplant list in Kansas watch their wait times grow as hope begins to dwindle.
“This really is a lot about hope, it's about saving lives. If you are on a list that continually grows longer while you're waiting for that organ – what a depressing discouraging circumstance for you and your family. Secretary Azar’s policy is causing direct harm to the people of my state. It is time that he steps up and takes responsibility for the actions of his department, which is causing real harm to patients.
“These transplant hospitals from across Missouri and Kansas and elsewhere wrote the president, wrote Secretary Azar within the last two weeks asking for a halt in the policy until we have the time to let a judge decide the issues in the court case and also to make sure that we get it right ultimately. I call on Secretary Azar to halt the implementation of this disastrous policy and save lives from being unnecessarily lost.
“And again, I thank my colleague from just across the state line, the home of the Kansas City Chiefs, for his support in this effort. He has a voice that has to be heard, will be heard, and I'm pleased to be allied with him and his concern for patients in my state and patients in his own.”
