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Congressional Record, Senate, October 24, 2020 — Barrett Nomination and Relief Requests

Summary

A page of the Congressional Record, Senate, dated October 24, 2020, at page S6432, in a long document. Mr. Schumer says Democrats have supported $600 billion on top of $3 trillion in relief for unemployment benefits, small businesses, vaccines, testing, education and childcare and accuses Republicans of wanting an issue rather than a result. Mr. Brown says 600,000 people in his State lost $600 a week in unemployment insurance at the end of July, and an objection is heard to a unanimous consent request on preexisting conditions. Remarks on Judge Barrett's Supreme Court nomination describe her respect for precedent and the Ginsburg rule, and Mr. Brown makes a unanimous consent request on H.R. 1759.

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“Congressional Record, Senate, October 24, 2020 — Barrett Nomination and Relief Requests.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-10-24-crec-2020-10-24-pt1-pgs6432-791934afaa/, SHA-256 a30ec68618f524c30b892b63bc20ab2265d73e55ed95d58035655185ca17a691.

Full text

                                             S6432                                             CONGRESSIONAL RECORD — SENATE                                                      October 24, 2020
                                                An analogy I have been using would                   with suicide. Of course, the answer is                 tion that she was asked by members of
                                             be, Mr. President, if I said: Mr. Presi-                no again. It is sad and unfortunate.                   the Judiciary Committee.
                                             dent, give me $200. The Presiding Offi-                 Fortunately, the American people will                    Judge Barrett has an impressive
                                             cer would look at me in shock, but be-                  be able to have a real say, not on the                 command and, of course, the respect
                                             cause he is a generous individual, he                   Supreme Court Justice they are rush-                   for the law and the Constitution. Clear-
                                             would say: Maybe not $200, but I will                   ing through but on who will be the next                ly, from her testimony, she respects
                                             give you $100. But just because the Pre-                administration and who will do more.                   precedent, and she practices judicial
                                             siding Officer didn’t give me the full                  We will see what their answer is.                      restraint. In her words: ‘‘A judge who
                                             $200, I would go stomping off, and I                      Mr. BROWN. Will the Democratic                       approaches a case as an opportunity for
                                             don’t even take the $100. That is, in ef-               leader yield?                                          an exercise of will has . . . betrayed
                                             fect, what the Senators on the other                      Mr. SCHUMER. I would be happy to                     her judicial duty.’’
                                             side of the aisle are doing.                            yield.                                                   She went on to explain to the com-
                                                We are offering and we supported $600                  Mr. BROWN. I hear Senator JOHNSON                    mittee her legal method, how she con-
                                             billion on top of $3 trillion in relief—                talk about employers can’t find work-                  siders statutes and the Constitution
                                             necessary relief, needed relief for un-                 ers. There are 600,000 in my State who                 and how she interprets and applies the
                                             employment benefits, for small busi-                    lost their unemployment insurance                      statutes and the Constitution. Her ju-
                                             nesses, for vaccines, for testing, for                  just like that at the end of July. Six                 dicial method is rigorous and exacting
                                             education, for childcare. It is there for               hundred thousand people lost $600 a                    but fair. She testified that she would
                                             the taking. All they have to do is say                  week.                                                  listen to both sides in every case. She
                                             yes. Yet they say no because they                         I go back to March, when we passed                   said: ‘‘We want judges to approach
                                             would rather have an issue rather than                  this bill that was so important it                     cases thoughtfully and with an open
                                             result.                                                 passed unanimously. There was one                      mind.’’
                                                Are they serious about helping the                   amendment Republicans wanted for                         When pressed on how she might rule
                                             American public or do they just want                    this $2.5 trillion bill. It was to strip out           in a particular case, Judge Barrett
                                             to play politics? I think the answer is                 unemployment insurance so that those                   promptly applied what we all know as
                                             quite obvious.                                          workers didn’t get the $600 a week.                    the Ginsburg rule, and she did it just
                                                I object.                                            What are they to live on? Six hundred                  like every other recent nominee to the
                                                The PRESIDING OFFICER. Objec-                        thousand people in my State can’t find                 Supreme Court for the last 30 years
                                             tion is heard.                                          work, 100,000 in Wisconsin, even more                  when Ginsburg first told the Judiciary
                                                The Democratic leader.                               in New York, tens of thousands in Iowa                 Committee that there would be no
                                                Mr. SCHUMER. The emaciated bill                      and Utah. What are they to do?                         hints, no previews, or forecasts, and
                                             filled with poison pills that the Sen-                    We know there is going to be a wave                  Judge Barrett demonstrated her inde-
                                             ator from Wisconsin talks about was                     of evictions and foreclosures as people                pendence by often repeating the Jus-
                                             never intended to pass. In fact, the Re-                are thrown out of their apartments and                 tice Ginsburg rule.
                                             publican majority leader waited 5                       their homes.                                             I specifically asked Judge Barrett if
                                             months before doing anything while                        This Congress continues to—the Sen-                  she had made any promises or guaran-
                                             people were suffering. The bill does not                ate just won’t do its job. Do your job.                tees to anyone about how she might
                                             contain close to what is needed.                        If Senator MCCONNELL would do his                      rule on a case. She responded this way
                                                Basically, his analogy is incorrect.                 job, we could do our job and get this                  to my question:
                                             The analogy would be saying: You have                   economy back on track.                                   The answer is no. . . . No one ever talked
                                             a series of serious illnesses; let’s treat                Thank you.                                           about any case with me. . . . I can’t make
                                             one because we don’t want to pay for                      Mr. SCHUMER. I would add one final                   any pre-commitments to this body either. It
                                             the others—even though we were will-                    thing. The bill that the Senator from                  would be inconsistent with judicial inde-
                                             ing to increase the deficit by close to $2              Wisconsin talks about was totally par-                 pendence.
                                             trillion by giving a tax break to the                   tisan, which they know can’t pass.                       To quote further:
                                             wealthy.                                                Then, when Leader MCCONNELL put it                       I’m not willing to make a deal—not with
                                                So this cry about deficit, when it                   on the floor, he filled the tree so it                 the committee, not with the president, not
                                             comes to helping middle-class people,                   couldn’t even be amended.                              with anyone. I am independent.
                                             hurting people, unemployed people,                        I yield the floor.                                     That quote or similar words were
                                             people who can’t feed their kids, no, it                  The PRESIDING OFFICER. The Sen-                      spoken by Judge Barrett to almost
                                             is the deficit. When it comes to giving                 ator from Iowa.                                        every suspicious Judiciary member
                                             a big tax break to wealthy corpora-                            NOMINATION OF AMY CONEY BARRETT                 about whom she might have made some
                                             tions and wealthy people, that is fine.                   Mr. GRASSLEY. Mr. President, the                     deal ahead of time to get on the Su-
                                                As much as I respect my colleague                    Senate will soon vote on the confirma-                 preme Court.
                                             from Wisconsin, I don’t really take his                 tion of Judge Barrett to become Asso-                    Contrary to critics’ claims about her
                                             words very seriously. Our Republican                    ciate Justice of the U.S. Supreme                      being biased, Judge Barrett is even-
                                             friends put this emaciated bill on the                  Court. I will be voting in favor of her                handed and has ruled for both plaintiffs
                                             floor at the last minute because they                   nomination, and I urge my colleagues                   and defendants in all kinds of cases.
                                             got such pressure for doing nothing.                    to do just the same.                                   She believes in justice for all, in ac-
                                             They know it can’t pass the House.                        As was made clear to millions of                     cordance with the law and the Con-
                                             They know it is totally inadequate.                     Americans who watched her hearing,                     stitution, just like we would expect ev-
                                                This is the greatest economic crisis                 Judge Barrett has the temperament,                     erybody to say who is a lifetime ap-
                                             since the Great Depression, the great-                  the modesty, and the humility that we                  pointee to the Judiciary, but we don’t
                                             est healthcare crisis for 100 years since               should all expect in a judge. She ap-                  see all of them following that practice.
                                             the Spanish pandemic flu, and our col-                  proaches cases without bias or personal                  She went on to tell the committee: ‘‘I
                                             leagues do next to nothing in terms of                  agenda. She made that very clear to al-                am fully committed to equal justice
                                             the crisis. This is loaded with poison                  most every question asked to her by                    under the law for all persons.’’
                                             pills so they know it can’t pass. They                  every member of the Judiciary Com-                       When asked if she will follow the law
                                             know it can’t pass the House, and they                  mittee.                                                wherever it leads, she said: ‘‘Yes.’’
                                             waited 5 months.                                          Most importantly, Judge Barrett un-                  Then she said: ‘‘I have an agenda to
                                                The American people know it. When                    derstands the proper role of members                   stick to the rule of law and decide
                                             they are asked: Who wants to solve                      of the Judiciary and our constitutional                cases as they come.’’ Yet that wasn’t




ctelli on DSK11ZRN23PROD with SENATE
                                             this problem, they know that it is the                  system of separated powers. That is, a                 good enough for our Democratic col-
                                             Democrats in the Senate and House                       judge should interpret—not make—the                    leagues and their leftist allies.
                                             who want to and the Republicans have                    law. Making law is, under the Constitu-                  However, throughout the hearings,
                                             resisted. There is no question about it.                tion, the responsibility of the Congress,              the Democrats and many in the media
                                                The bills I just asked for are small                 not the Supreme Court. She also made                   deliberately     misrepresented   Judge
                                             bills, not very expensive, that deal                    that very clear in almost every ques-                  Barrett’s views on the Affordable Care



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                                             October 24, 2020                                  CONGRESSIONAL RECORD — SENATE                                                               S6433
                                             Act. They claimed her critique of Chief                 Monday. Maybe our Democratic col-                      issue after issue. I mean, that is the
                                             Justice Roberts’ reasoning in the 2012                  leagues will finally show up for work,                 way this place works. That is the cor-
                                             ACA case will dictate how she will vote                 do their job, and give Judge Barrett an                ruption of this place. The President of
                                             in some upcoming cases. They obvi-                      up-or-down vote on the merits because                  the United States has said: I want her
                                             ously didn’t listen to her when she had                 I think the public knows now, if it were               confirmed now because I want her
                                             no preconceived notions about any case                  listening in to the Judiciary Com-                     there to decide the election that I am
                                             and had made no promises to anybody.                    mittee as it was voting her out, that                  going to be involved in, and I want her
                                               The Democrats even pushed the story                   the Democrats boycotted the commit-                    there now so she can overturn the Af-
                                             line that Judge Barrett signaled to                     tee’s deliberation. Let’s not forget                   fordable Care Act.
                                             President Trump that she would sup-                     that, just 4 years ago, the same Senate                  Of course, Judge Barrett said to the
                                             port invalidating the ACA if she were                   Democrats declared that the Court                      committee: Well, I have made no prom-
                                             confirmed to the Supreme Court. That                    needed nine to function properly.                      ises. I have made no commitments. I
                                             is nonsense. Judge Barrett made it                      Judge Barrett is that ninth. Only 4                    have not cut deals with anybody. Of
                                             clear that she didn’t have an agenda.                   years later, they don’t seem to think                  course, she says that, but the fact is
                                             She testified: ‘‘I have no hostility to                 so.                                                    that this is why the President nomi-
                                             the ACA.’’                                                Judge Barrett is a jurist of honor, of               nated her. We know that.
                                               Legal scholars critique court deci-                   integrity, and of great principle. The                   As a result, in my State, I know what
                                             sions all the time even when they don’t                 Judiciary Committee received a num-                    the Affordable Care Act has done for
                                             disagree with the outcome. For in-                      ber of letters in support of her nomina-               the last decade. There are 900,000 peo-
                                             stance, Ruth Bader Ginsburg, before                     tion. They all praised her intellect, her              ple who have insurance who didn’t have
                                             her nomination, criticized the Court’s                  judgment, her collegiality, and her                    insurance before the Affordable Care
                                             reasoning in Roe v. Wade, but no one                    kindness. We all saw that kindness as                  Act. More than 100,000 people under the
                                             claimed that Ginsburg didn’t support                    she testified over a 3-day period of                   age of 26 have been able to get health
                                             the outcome of Roe v. Wade.                             time.                                                  insurance because they have been able
                                               Judge Barrett’s critique of Roberts’                    Judge Barrett won’t be a politician                  to stay on their parents’ healthcare
                                             reasoning was shared by many legal                      on the Bench. She will make decisions                  plans. There are a million seniors in
                                             commentators across the political                       as they should be decided—in an impar-                 Ohio who have gotten free preventive
                                             spectrum, including by ones on the                      tial manner and in accordance with the                 care—screenings      for   osteoporosis,
                                             other side of the aisle. Even President                 law and the Constitution. I am pleased                 physicals. More than 100,000 Ohio sen-
                                             Obama rejected the notion that the Af-                  to vote in favor of Judge Barrett’s con-               iors have saved an average of $1,100 on
                                             fordable Care Act was a tax instead of                  firmation to be an Associate Justice of                their prescription drugs because of the
                                             a penalty. The question of its being a                  the Supreme Court, and I urge my col-                  Affordable Care Act. Maybe, most im-
                                             tax or a penalty and the constitu-                      leagues to support her as well.                        portantly, 5 million Ohioans have pre-
                                             tionality or the unconstitutionality of                   The PRESIDING OFFICER. The Sen-                      existing conditions. This was before
                                             the ACA was what they were critiquing                   ator from Ohio.                                        the coronavirus. Now that number is
                                             based on Roberts’ decision to uphold                      Mr. BROWN. Mr. President, that                       higher. There are 5 million Ohioans
                                             the constitutionality of the ACA, for it                sounded really good.                                   who have had their preexisting condi-
                                             could be constitutional under the tax-                    Senator GRASSLEY knows, of course,                   tions covered over the last decade.
                                             ing powers of the Congress. Even Rob-                   she was a good witness. Of course, she                 Why? Because of the Affordable Care
                                             erts didn’t pay any attention to that                   didn’t take positions. Of course, she                  Act, those people with preexisting con-
                                             fact. We even had Democrats saying                      said she made no promises. Of course,                  ditions have been protected. Insurance
                                             that the penalty for the individual                     Judge Barrett said she was open-                       companies can’t raise their rates be-
                                             mandate was a penalty and that it                       minded. Cut through it all. I am not a                 cause of preexisting conditions, and
                                             wasn’t     a   tax.  Moreover,    Judge                 lawyer, and I don’t serve on the Judici-               they can’t cancel their insurance be-
                                             Barrett’s critique of Justice Roberts’                  ary Committee. I don’t think Senator                   cause of their preexisting conditions.
                                             reasoning dealt with an interpretation                  GRASSLEY is a lawyer, but I am not                     Those will be gone. The protections for
                                             or a provision that is no longer in ef-                 really sure. Maybe he is. I might be                   preexisting conditions will be gone if
                                             fect because we did away with the indi-                 mistaken, and I apologize if he is.                    the Affordable Care Act is gone. Pro-
                                             vidual mandate.                                           Yet we all know why she was nomi-                    tections for people under 26—their
                                               The question before the Supreme                       nated. President Trump said why she                    staying on their parents’ plans—will be
                                             Court this fall, then, will be entirely                 was nominated. President Trump has                     gone if the Affordable Care Act is over-
                                             separate, and it is pointless to specu-                 been very explicit in saying that he                   turned by the Supreme Court.
                                             late. Yet the Democrats wasted much                     wants a judge who will overturn the                      Now, they couldn’t do it democrat-
                                             time on that type of speculation—ques-                  Affordable Care Act and that he wants                  ically. They couldn’t do it because the
                                             tion after question, Democrat after                     her there quickly because the Afford-                  citizens of this country didn’t want it
                                             Democrat, on that side—when they                        able Care Act hearings begin soon after                repealed. So President Trump has gone
                                             were questioning her.                                   the election. He wants a judge who will                to the courts to legislate so they can
                                               Senate Democrats want to portray                      undermine women’s rights to make                       overturn it. We know all of that.
                                             Judge     Barrett   as   a   threat   to                their own decisions about their own                      That is why the comments of my
                                             healthcare. They want to distract from                  healthcare. He is putting her on be-                   friend from Iowa are just disingenuous.
                                             the fact that they recently filibustered                cause he knows she will oppose work-                   He knows that. Of course, she didn’t sit
                                             a COVID relief bill that would have                     ers’ rights. He is putting her on be-                  in front of the committee and say: Yes,
                                             protected preexisting conditions. This                  cause he knows she will oppose mar-                    I made a deal. Of course, she didn’t sit
                                             all is just a Democratic election year                  riage equality. He also wants her on                   in front of those on the committee and
                                             scare tactic, and they are using it al-                 quickly because he said: I want her                    say: I have strong feelings about the
                                             most totally as a reason to vote                        there when the election is contested                   Affordable Care Act and gay rights and
                                             against Judge Barrett.                                  after the election.                                    women’s health. She is not going to
                                               It happens, though, that the voters                     So, of course, Senator MCCONNELL al-                 say that. I am not a lawyer, but I know
                                             aren’t buying it, that the public is not                ways does the bidding. Senator MCCON-                  enough to know that she is not going
                                             buying it. A recent Politico poll shows                 NELL comes out of his office. I assume                 to go to the committee and say that.
                                             a majority of Americans wants the                       he gets many of his marching orders                      We know what it is about. It is about
                                             Senate to confirm Judge Barrett, and a                  from the President of the United                       repealing the Affordable Care Act. It is




ctelli on DSK11ZRN23PROD with SENATE
                                             recent Huffington Post poll says: ‘‘Vot-                States. He comes down here, and 51                     about taking rights away from LGBTQ
                                             ers favor the confirmation of the Su-                   spineless Senators—and then there is                   citizens in this country. It is about
                                             preme Court nominee Amy Coney Bar-                      the Senator sitting in the Presiding Of-               taking rights away from women.
                                             rett by a 9-point margin.’’                             ficer’s chair, and I appreciate his cour-              Maybe it is also about fixing the elec-
                                               She will be confirmed. That is what                   age—do whatever the President tells                    tion. Deep down, the President and
                                             we are going to do on Sunday into                       MCCONNELL to tell them on issue after                  Senator MCCONNELL know they are not



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                                             S6434                                             CONGRESSIONAL RECORD — SENATE                                                   October 24, 2020
                                             going to win the election this year, so                   Imagine, instead, if the President had               his own business, was employing other
                                             they want that ninth vote in the Court                  worn a mask and stood up and treated                   Clevelanders. Now the office building is
                                             just in case the President brings a law-                us like adults and said to the American                empty. The food court is closed. His
                                             suit. If it ends up in the Supreme                      public: You know, this is really seri-                 sales have dropped from $700 a day to
                                             Court, he and the Republicans will                      ous. This could turn from an epidemic                  just $200 a day. He is looking at impos-
                                             have appointed six of the nine Justices.                into a pandemic. We have to fight                      sible choices unless the government
                                             That is the game in town. That is what                  back. I am wearing a mask. I ask every                 helps.
                                             we know is rigged.                                      American to wear a mask, just like we                    We know we can. We did it in the
                                               So many millions of Americans are                     ask people to wear seat belts and stop                 spring when we passed payroll protec-
                                             frustrated and angry with the way the                   at stop signs. I want every American to                tion. There were all kinds of implemen-
                                             President has failed the country during                 wear a mask. I want people to socially                 tation problems. The Secretary of the
                                             this pandemic. We know we have 4 per-                   distance so we can get this—but he                     Treasury and the President seemed
                                             cent of the world’s population but that                 didn’t do any of that. Of course he                    more interested in the big guys than
                                             22 percent of the deaths in the world                   didn’t do any of that.                                 the little guys. Too many businesses
                                             are of Americans. It is not because we                    And he also came up with no national                 went to the front of the line, but de-
                                             don’t have good doctors in Utah or in                   testing, contact tracing strategy. He                  spite all that, we hear from businesses
                                             Wisconsin or in Ohio; it is because of                  didn’t invoke the Defense Production                   that are open today only because of
                                             terrible Presidential leadership.                       Act so that we could make cotton                       PPP.
                                               President     Trump     and    Senator                swabs and gloves and masks and gowns                     I heard from Spangler Candy in
                                             MCCONNELL have essentially left the                     and all the things we needed to do to                  Bryan, OH, a family-owned union com-
                                             country to fend for itself during this                  stay safe. He had none of that.                        pany. I have toured their plant and
                                             pandemic. The stock market is up, so                      He has no guidance on how businesses                 seen the great work this, I believe,
                                             Trump and MCCONNELL seem to think                       are supposed to protect their cus-                     fourth generation management team
                                             everything is fine. The stock market is                 tomers, no investment of our vast re-                  has done.
                                             up. What the heck? They are oblivious                   sources to help them do it.                              They have seen business drop 70 per-
                                             to the families staring at stacks of                      And we see the results. We saw them                  cent. They had to take their first Fed-
                                             bills. They are oblivious to the small                  in April and May, in June and July, in                 eral support in their 114-year history,
                                             businesses that are watching years                      August, in September, and now Octo-                    using PPP to prevent layoffs. They
                                             and, in some cases, often decades of                    ber. In fact, in my State, as in many                  kept their doors open, and they pro-
                                             hard work and investment—or they are                    States, there are more coronavirus di-                 vided pandemic premium pay for their
                                             family businesses going back many,                      agnoses every day—almost every day—                    Teamster employees.
                                             many decades—evaporate in a few                         than there were a month ago, 2 months                    A music and arts venue in Youngs-
                                             short minutes, but the stock market is                  ago, 6 months ago.                                     town, the Westside Bowl, talked at one
                                             up, so Trump and MCCONNELL seem to                        Local restaurants are closed for good.               roundtable about how they how had
                                             think everything is fine.                               The big chains may recover. Commu-                     zero dollars in revenue in the past 6
                                               It is the same story over and over                                                                           months. PPP kept their office staff and
                                                                                                     nities that already didn’t get a lot of
                                             again. Corporate lobbyists, their allies
                                                                                                     investment—Brown and Black neigh-                      stagehands on payroll, but as it runs
                                             in Washington do whatever it takes to
                                                                                                     borhoods, rural communities, places                    out, so will their ability to pay em-
                                             make sure Wall Street recovers, and
                                                                                                     you can’t see from Trump Tower—                        ployees.
                                             then they say: Oh, no, we really can’t                                                                           Ohio Star Forge, a parts manufac-
                                                                                                     those places are seeing their home-
                                             afford to help anyone else.
                                                                                                     grown businesses shut their doors and                  turer in Warren, just north of Youngs-
                                               I hear from small, family-owned busi-
                                                                                                     lay off workers.                                       town, represented by the Steelworkers,
                                             nesses all the time, how they are strug-
                                             gling. They are under incredible stress.                  Black-owned businesses have closed                   lost 90 percent of their business when
                                             They are worried about whether they                     at twice the rate of White-owned busi-                 auto plants shut down. PPP made a dif-
                                             can make rent or make payroll. They                     nesses. We know Latino- and Asian-                     ference. They are now back to about 70
                                             have waited on the phone for hours and                  owned businesses are getting dispropor-                percent of their capacity.
                                             couldn’t get answers about loans.                       tionately hurt.                                          Polter’s Berry Farm is a family farm
                                             These folks aren’t lounging in a C-suite                  Our office hears from so many of                     in Fremont. One of their crops is pump-
                                             corner office. They don’t have high-                    these Ohio businesses. We have done a                  kins. The major pumpkin buyers are
                                             priced lawyers and accountants who                      series of virtual roundtables with Ohio                amusement parks and fall festivals.
                                             can do all the paperwork. They don’t                    restaurants.                                           Pumpkin sales were down. PPP was
                                             have the lobbyists who line up outside                    One Ohioan in Zanesville talked                      helpful, but now they are worried
                                             MITCH MCCONNELL’s office helping                        about taking over the family business                  about whether they can repay it.
                                             them. They are fighting for their                       his dad first started 67 years ago. Busi-                A+ Cleaners in Dayton has seen de-
                                             dreams.                                                 ness is down significantly. He tries to                mand plummet. People don’t need
                                               We know why they are struggling.                      pay his employees a living wage and                    much dry cleaning when they are
                                             We know why some of them still can’t                    give them time off for vacations and                   working from home. They were able to
                                             open their doors 7 months—7 months—                     family needs. He is a really good em-                  stay open with an EIDL loan and a
                                             into this crisis because the President                  ployer. He is afraid of letting his em-                CARES Act grant from the county.
                                             and this Senate have so botched this                    ployees down.                                          They are terrified of what happens
                                             crisis.                                                   Another, a bar owner in Belle-                       when the money runs out.
                                               Again, 4 percent of the world’s popu-                 fontaine, told us his sales are down and                 We have a bill to get more help to
                                             lation, 22 percent of the world’s deaths,               he is worried about his own businesses.                these businesses—the Small Business
                                             and the President said: I take no re-                   When he wrote to me, he didn’t just                    Lifeline Act. It would extend PPP
                                             sponsibility. The President said: Not                   talk about himself. He said that he is                 through at least next spring. It would
                                             my fault. The President said: I get a 10                worried about the ripple effects on the                get more funding to the program so
                                             out of 10 for how I have managed this.                  farmers and suppliers, the truck-                      they can get more money out the door
                                               President Trump has no plan, never                    drivers, and so many others.                           to these businesses. It would specifi-
                                             has, to control the virus. He has not                     Now he is dreading the winter, when                  cally target help to the truly small
                                             even tried. Imagine if President                        he won’t even be able to use the patio.                businesses that need it the most, in-
                                             Trump, back in March, instead of lying                  He wonders what he is going to do,                     cluding minority-owned businesses. It
                                             to the American people—he knew how                      what the suppliers are going to do.                    would extend the debt relief program.




ctelli on DSK11ZRN23PROD with SENATE
                                             serious it was. He told his Wall Street                   And it is not just restaurants. The                  It would get help to nonprofits that we
                                             friends, and he told that reporter from                 media reported on a newsstand in                       know are hurting just like businesses
                                             the Post. I can’t remember his name.                    downtown Cleveland, owned by Mr.                       are.
                                             He told them it was serious, but he                     Patel, an Indian immigrant who came                      As important as these steps are, we
                                             didn’t tell the American people. He lied                to Ohio and has lived the American                     can’t just give businesses loans and
                                             to us.                                                  Dream. He built a better life, started                 think that will take care of it when the



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                                             October 24, 2020                                  CONGRESSIONAL RECORD — SENATE                                                                    S6435
                                             virus is still raging and the customers                   The Senator from Wisconsin.                          relief packages—the ones I was refer-
                                             don’t have jobs.                                          Mr. JOHNSON. Mr. President, reserv-                  ring to earlier—the target package
                                               That is why we need a comprehensive                   ing the right to object, where do you                  that does provide financial relief to the
                                             bill that actually meets the magnitude                  begin? That was quite the statement.                   unemployed, to small businesses, to
                                             of this crisis. This visceral, decades-                   At some point in time, it just be-                   schools, to parents with childcare and
                                             long opposition from my colleagues to                   comes galling to listen to the tactics—                provides funding for agriculture and
                                             unemployment        insurance—I    don’t                the scare tactics and false allegations,               testing and vaccines—that also in-
                                             know how they don’t realize that when                   particularly from the other side that                  cluded language to protect coverage for
                                             600,000 Ohioans are getting $600 a week,                gave us the Affordable Care Act, an Or-                people with preexisting conditions.
                                             they are spending that money at local                   wellian-named bill if there ever were                    Twice in the last few days or weeks,
                                             businesses. They are keeping the econ-                  one.                                                   they have also voted no on Senator
                                             omy going from just a total crevasse.                     One of the promises made to promote                  TILLIS’s bill that does exactly that—
                                             They are helping the economy. They                      that bill was, in the end, determined to               protect the insurance coverage of peo-
                                             are helping local businesses. They are                  be the PolitiFact Lie of the Year—I                    ple with preexisting conditions.
                                             giving those businesses revenue, but                    think in the year 2013: If you like your                 Now, if they were really serious
                                             when the $600 just stops, not only are                  healthcare plan, you can keep your                     about protecting the coverage of people
                                             those 600,000 Ohioans’ lives just so, so                plan. If you like your doctor, you can                 with preexisting conditions, they
                                             difficult, but it makes the businesses of               keep your doctor.                                      would have voted yes. But they voted
                                             which they are patrons, the businesses                    Millions of Americans lost their                     no.
                                             that they patronize—it obviously hurts                  healthcare plans. They lost their doc-                   So I could go on and on. I have jotted
                                             them at their bottom line.                              tors. Premiums didn’t decline by $2,500                down all kinds of points that I would
                                               I think the stories from these busi-                  per    family;    they    actually   sky-              like to refute, but it is really not worth
                                             nesses really get to the fundamental                    rocketed—sometimes two, three, four                    the time and effort.
                                             question of what sort of country we                     times the price because of the faulty                    Again, let me emphasize that Repub-
                                             want to live in. When we invest in                      design of healthcare, of the Affordable                licans agreed with the American peo-
                                             small business, we invest in people and                 Care Act, ObamaCare.                                   ple. This debate is over. We have of-
                                             communities, not stock buybacks, not                      Probably the greatest false allega-                  fered proposals to do just this. We want
                                             executive bonuses.                                      tion that is just offensive—and, by the                to protect the insurance coverage of
                                               I know that Senator MCCONNELL and                     way, to call every Member on this side                 every American with preexisting condi-
                                             his colleagues here always are looking                  spineless is offensive. We have different              tions. We just want to do it in a way
                                             out for the stock market, always are                    views. You know, you try to respect                    that doesn’t cost them an arm and a
                                             looking out for Wall Street, always                     the different views if you actually want               leg like ObamaCare did.
                                             want to hear about stock buybacks and                                                                            So I personally am just getting sick
                                                                                                     to accomplish something.
                                             executive bonuses. I know that is their                                                                        of the false allegations, and that is
                                                                                                       But one of the greatest false allega-
                                             thing. But during a pandemic, I wish it                                                                        only one of them. I could drone on and
                                                                                                     tions—and they go back to the well
                                             were less their thing.                                                                                         on about the false allegations made by
                                                                                                     time and time and time and time again
                                               The stakeholders in these businesses                                                                         the other side against Republicans and
                                                                                                     about this—is the Republicans don’t
                                             are not nameless, faceless share-                                                                              conservatives, but I will focus on this:
                                                                                                     want to protect the coverage for people
                                             holders. They are the owners’ neigh-                                                                           This is a false charge. It is canard. It is
                                                                                                     with preexisting conditions. Nothing                   a scare tactic. I am begging the Amer-
                                             bors. They are family members. They
                                                                                                     could be further from the truth.                       ican people not to listen to it or believe
                                             are the people we see or used to see at
                                                                                                       That was an argument made back in
                                             our kids’ schools, in the grocery store,                                                                       it. Republicans want to protect the in-
                                                                                                     2010, and the American people decided
                                             and at church.                                                                                                 surance coverage of people with pre-
                                               A year from now, do we want to be                     that we should do that. Republicans
                                                                                                                                                            existing conditions. If they were seri-
                                             left with only the biggest companies                    agreed with the American people that
                                                                                                                                                            ous about it, they would have voted yes
                                             that follow the Wall Street business                    we wanted to protect everybody’s cov-
                                                                                                                                                            on what we have already proposed; and
                                             model that treats workers as expend-                    erage, covering people with preexisting
                                                                                                                                                            for that and many other reasons, I ob-
                                             able?                                                   conditions.
                                                                                                                                                            ject.
                                               Ohioans know all too well what hap-                     We just want to do it where it doesn’t                 The PRESIDING OFFICER. Objec-
                                             pens when you let Wall Street run                       cost Americans an arm and a leg. The                   tion is heard.
                                             things and you ignore Main Street. Our                  faulty architecture of ObamaCare                         Mr. BROWN. Mr. President, before of-
                                             communities have watched for decades                    caused premiums to double, triple, and                 fering another unanimous consent, I
                                             as factories closed and investment                      quadruple because they actually made                   just point out there were 10 years of
                                             dried up and storefronts were boarded                   a very small slice of the American pub-                protections for people with preexisting
                                             over in towns and cities that once were                 lic—5 to 7 percent of the people who                   conditions under ObamaCare and 10
                                             thriving.                                               had to buy coverage on the individual                  years of speeches from Republicans
                                               When people in those towns wake up,                   market, who don’t have the employer                    about repeal and replace, with no real
                                             they realize the only jobs you can get                  coverage plans that cover people with                  proposal to replace the Affordable Care
                                             are at a big-box chain for rock-bottom                  preexisting conditions—they made that                  Act. The President has promised it
                                             wages with no healthcare, no paid sick                  small percentage of the American pub-                  about every couple of weeks through 4
                                             leave, no power over your schedule. Is                  lic bear the full cost and brunt of cov-               years, and he still hasn’t put a real bill
                                             that what we want for our future?                       ering people with preexisting condi-                   forward.
                                               We have the resources to fix this. We                 tions. It was not smart. It was a faulty                      UNANIMOUS CONSENT REQUEST—H.R. 1230
                                             are the greatest, richest country in the                design.                                                  Mr. President, in order to proceed to
                                             world. Let’s rise to meet the moment.                     The way you fix it is, yes, you re-                  the consideration of H.R. 1230, Pro-
                                             Let’s pass a comprehensive bill that                    quire insurance carriers to cover people               tecting Older Workers Against Dis-
                                             gets help to our businesses, our work-                  with preexisting conditions, not deny                  crimination Act, which passed the
                                             ers, and their customers. And let’s get                 them coverage, but you spread that                     House with bipartisan support, I ask
                                             the communities the support they                        cost over everybody.                                   unanimous consent that the Senate
                                             need.                                                     Just as I mentioned earlier to the                   proceed to legislative session.
                                               Mr. President, in order to proceed to                 Democratic leader when I objected to                     The PRESIDING OFFICER. Is there
                                             the consideration of H.R. 986, the Pro-                 his bill, our friends on the other side of             objection?
                                             tecting Americans with Preexisting                      the aisle are far more interested in an                  Mr. JOHNSON. Mr. President, I ob-




ctelli on DSK11ZRN23PROD with SENATE
                                             Conditions Act, which the House                         issue rather than getting a result.                    ject.
                                             passed with bipartisan support, I ask                     How do I know this? Well, particu-                     The PRESIDING OFFICER. Objec-
                                             unanimous consent that the Senate                       larly on this issue, covering people                   tion is heard.
                                             proceed to legislative business.                        with preexisting conditions, four times                       UNANIMOUS CONSENT REQUEST—H.R. 1759
                                               The PRESIDING OFFICER. Is there                       in just the last few days and weeks,                     Mr. BROWN. Mr. President, in order
                                             objection?                                              they have voted no, first on two COVID                 to proceed to consideration of H.R.



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