Congressional Record — Senate, December 29, 2020, Page S7965
Summary
Senate page of the Congressional Record dated December 29, 2020, with remarks on the National Defense Authorization Act and the COVID–19 relief bill. One speaker says the President delayed in signing the bill, and that enhanced unemployment benefits of $300 a week through March 14 will bring relief to many millions of families. The speaker states that $325 billion in the relief bill went to small businesses and that the Paycheck Protection Program was renewed. The speaker also says the fiscal year 2021 NDAA creates a new Pacific Deterrence Initiative and that the speaker will support it again to override the President's veto. Other remarks state that an antiquated exemption from Federal antitrust laws has let insurance companies collude to drive up prices.
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“Congressional Record — Senate, December 29, 2020, Page S7965.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-29-crec-2020-12-29-pt1-pgs7965-534e03034c/
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December 29, 2020 CONGRESSIONAL RECORD — SENATE S7965
never mind that tech company liability Many of us returned to Washington bill and the COVID–19 relief bill. There
matters have nothing to do with the this week. As I said, we are celebrating were complaints about the size of the
National Defense Authorization Act. the holidays in a fashion like never be- bill. Well, the entire Federal budget
He just doesn’t like that there was fore with social distancing, Zooms, was included in that bill, as well as the
criticism coming down for some of the FaceTime, and calls with family and COVID–19 relief undertaking, as well as
misstatements and lies and loved ones. It is no substitute for the many other bills, such as the Water Re-
disinformation he has been spreading kids being there to open their gifts on sources Development Act. All of these
on social media. Christmas morning, but it is the re- are major pieces of legislation, and
The President also fails to recognize ality of what we face today. they were combined in one bill that
that this Defense authorization bill, in There is some hope on the horizon, went way beyond 5,000 pages.
fact, does get tough on China. It cre- and though I have been many times Unfortunately, the President delayed
ates a new Pacific Deterrence Initia- critical of the Trump administration, I in signing the bill and created needless
tive that puts America back in the seat do want to give the President credit for uncertainty in America, particularly
of leadership in that region, where we the Warp Speed Program. It is amaz- among the unemployed and others who
need to be. The Trump administration ing, as I read the stories, of what they are suffering from this public health
could have started this initiative on its were able to achieve in discovering two and economic crisis. This agreement
own, but it did not, so Congress stepped vaccines that can treat Americans and provides much needed support for
up and created this security partner- people around the world and keep them many of them, but they will have some
ship because the White House was safe as they face this coronavirus. It delay in receiving their checks because
asleep at the wheel. At the end of the broke all the records in the discovery of the President’s period of indecision.
day, I suppose we can’t expect any- of these vaccines. As I read about it, I Enhanced unemployment benefits of
thing more from a President who has continue to be grateful and want to $300 a week and an extension of the un-
denigrated our troops by calling them make sure America recognizes the doc- employment program, created under
suckers and losers. tors, the scientists, and the research-
the CARES Act, through March 14 will
I voted to support the fiscal year 2021 ers.
bring more relief to many millions of
NDAA. I will support it again to over- Barney Graham—I didn’t know his
name until yesterday—came out of a families.
ride this President’s unforgivable and Possibly the largest single item in
reckless veto. I am glad the House did story published in the New Yorker. He
the COVID relief bill—$325 billion—
so on Monday. I hope we in the Senate works at the National Institutes of
went to provide our Nation’s ailing
do the same. Coming back to Wash- Health. He is given a great deal of cred-
small businesses another chance at sur-
ington was not something I looked for- it for the breakthrough in the first two
vival. The Paycheck Protection Pro-
ward to this week. I wanted to stay vaccines that have been approved.
gram worked in the initial CARES Act,
home. Yet I knew, when it came to There are others just like him. I salute
and it was renewed in this under-
funding our troops, I had to be here. Dr. Francis Collins, of the National In-
stitutes of Health, and Dr. Anthony taking.
Many of my colleagues feel the same. I An extension of the Federal eviction
hope, tomorrow, we can take that up Fauci, both of whom have become my
moratorium through January 2021, cou-
quickly. friends over the years—and what a job
pled with $25 billion in emergency rent-
f they have done for America. So many
al assistance, will literally mean that
more deserve recognition, and I hope
CORONAVIRUS people will not be evicted right after
there will be an opportunity to give it
Mr. DURBIN. Mr. President, there Christmas. Approximately, $850 million
to them.
was then the drama around the COVID– The fact is, these doses of vaccines is going to Illinois to help keep fami-
19 relief bill. are starting to move across the coun- lies in their homes during this pan-
It was hard to describe what we went try. Last week, Illinois—I am proud to demic.
through in the last week to 10 days say—led the Nation. I congratulated The 15-percent increase in nutrition
with messages from the White House. I our Governor, J.B. Pritzker, yesterday. assistance is certainly needed. It goes
wish that the President and those More than 100,000 healthcare workers through the SNAP program, which was
around him, advising him, would have received their first shots last week. I historically known as food stamps, to
called to mind the 335,000 Americans asked him why we led, and he said: I make sure that families have some-
who have lost their lives due to this don’t know. We just put together our thing on the table. I can tell you that
deadly pandemic and the many more own program of distribution, and it I woke up this morning in Springfield,
who have lost a family member, friend, worked. Thank goodness it did. Lives IL, to look at the front page of the
or loved one. In Illinois, we have lost will be saved because of it, but there is newspaper and learn that an anony-
16,000 lives to COVID–19—tragic, his- so much more to do. mous donor had given our local food
toric. I extend my deepest condolences Progress in administering the vac- bank $500,000. The people at the food
to the friends and families of those who cine has been slow as we still struggle bank were, of course, appreciative and
have died or who are fighting this to reach the hardest hit areas. The rosy said they desperately needed it in my
virus. Many are my friends. projections from the administration hometown and towns all across Amer-
More than 121,000 Americans spent have not come to fruition yet, but the ica. This increase in food stamp assist-
last night in the hospital—a grim new fact is, we have two viable vaccines. ance is long overdue, and I am glad it
record of hospitalizations as our heroic That is miraculous. I look forward to was included.
nurses and doctors face unrelenting the new administration’s—the Biden The bill includes a number of impor-
stress from this crisis. I just think, as administration’s—new management in tant measures, but we have to go to
I reflect on the interviews of these men this effort, and I am glad Congress work to make sure that we deal with
and women who are on the frontline of came together to pass a relief bill that the sharp turn of an emergency re-
healthcare, how stoic they usually are, included $30 billion for vaccine develop- sponse to this bill and do more. We ad-
how controlled they usually are, and ment and distribution. dress the needs required to respond to
how they are losing it now. With the When the President said he wasn’t this pandemic immediately, but more
overwhelming numbers they are facing going to sign this bill, I thought: How will follow. It was a tough negotiation
and the terrible prospect of someone’s can he say that? He should be taking and an honest compromise, and I was
dying with a member of the family credit, rightfully, for the Warp Speed happy to be part of a bipartisan group
being unable to even enter the room in Program and his role in seeing that of Senators who may have gotten the
the last minutes of one’s life has got to program move forward instead of com- ball rolling—at least we think we did—
dlhill on DSK120RN23PROD with SENATE
be heartbreaking on a scale that none plicating the distribution of the vac- in order to hand it over to the leaders
of us can imagine. Think about doing cines by threatening to veto the bill. to finish the job. I think what we have
that every single day. They have done Fortunately, for us, in the end, he achieved, on a bipartisan basis, was
it. I will tell you we will never be able signed the bill. largely included in the final bill, and it
to repay them with our gratitude. They On Sunday evening, the President addressed the major elements that
are true American heroes. signed the bipartisan annual spending were necessary.
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S7966 CONGRESSIONAL RECORD — SENATE December 29, 2020
One of the most important items colleagues in the Republican caucus tificially inflate healthcare costs. As a
that Congress failed to reach agree- will join us and allow us to pass this result, consumers are paying higher
ment on was funding for State and bill quickly this week. Let’s step up to prices to get basic healthcare services,
local governments. States and local- the plate and get this done. The Amer- which couldn’t be a worse outcome in
ities are struggling with increased ican people have waited too long for the middle of a major pandemic.
costs and decreased revenues due to the this relief. I recognize concerns have been raised
pandemic. By this summer, my home I, for one, am proud of my colleagues about whether this legislation might
State of Illinois will have lost more on both sides of the aisle for coming to- impair or create uncertainty regarding
than $5 billion in revenues. I can tell gether and passing a meaningful relief the authority of State insurance regu-
you that this is going to cause pain and bill, but the time for patting one an- lators. I appreciate hearing from all
cutbacks. This is not money that was other on the back is over. Let’s finish stakeholders and wish to put those
lost in our pension system, which has the job. Let’s make sure that we have concerns to rest by making clear the
its own share of troubles; it is money this authorization bill for the Depart- intent and scope of the bill. This legis-
that was directly attributable to the ment of Defense and that we come to lation merely amends a peripheral pro-
downturn in revenues because of the the rescue of our families across Amer- vision of the McCarran-Ferguson Act
COVID–19 pandemic. It isn’t just hap- ica who need defense against the vagar- containing an antiquated exemption
pening in Illinois; it is happening all ies of this pandemic and this economy. from Federal antitrust laws as it ap-
around the country—in red and blue We can finally see a slight glimmer of plies to health insurance companies. It
States. Our neighboring State of Ken- light at the end of this tunnel. If we does not in any way interfere with, su-
tucky, to the south of us, is facing the want to address the needs of Americans persede, or abrogate the authority pro-
same hardships we are. in crisis, it starts with passing this leg- vided and guaranteed by the McCarran-
Federal funding for States and local- islation. Ferguson Act to State insurance regu-
ities needs to be done for our great cit- I yield the floor. lators to regulate the health insurance
ies and great States that are strug- I suggest the absence of a quorum. industry.
gling, and I certainly hope that the The PRESIDING OFFICER. The This legislation would ensure that
next President, when he is sworn in on clerk will call the roll. health insurance companies would be
January 20, will take this up as one of The senior assistant legislative clerk subject to Federal antitrust laws in the
his highest priorities. Our Nation’s eco- proceeded to call the roll. same way as the rest of the American
nomic recovery is slowed down by Mr. MCCONNELL. Mr. President, I economy, including other regulated
budget cuts that will be necessary in ask unanimous consent that the order sectors. Most importantly, as this bill
States and localities because of this for the quorum call be rescinded. does not disturb any of the authority
cutback in revenues. The PRESIDING OFFICER. Without provided to State insurance regulators
Now, the most widely discussed objection, it is so ordered. under the McCarran-Ferguson Act, it
measure of the COVID–19 relief bill is a f does not empower Federal authorities
second round of economic impact pay- to interfere with, supersede, or prevent
ments. Just yesterday, the House of COMPETITIVE HEALTH INSURANCE
states from regulating the health in-
Representatives passed the CASH Act, REFORM ACT
surance industry however they see fit.
which is a measure that would increase Mr. DAINES. Mr. President, I rise Simply put, this legislation would
the direct payments to individuals— today to speak about my bipartisan give the Department of Justice and the
adults and children—from $600 to $2,000 legislation, the Competitive Health In- Federal Trade Commission authority
for those who earn less than $75,000 a surance Reform Act, which I intro- to apply antitrust laws to anticompeti-
year. The measure passed in the House duced with my colleague Senator PAT- tive practices in the health insurance
by a vote of 275 to 174. Over the past RICK LEAHY. This is important legisla- industry. Furthermore, it is the intent
several months, we have heard time tion that will protect consumers from of the authors of this legislation that
and again from economists that we run anticompetitive practices by repealing the DOJ and FTC notify and work with
the risk of doing too little, which far the outdated antitrust exemption for states on investigations they have re-
outweighs the risk of doing too much the health insurance industry. This bill ceived or are undertaking that involve
when it comes to this economic recov- has wide bipartisan support, as well as health insurance entities in their state.
ery. a strong history of near-unanimous The Competitive Health Insurance
The head of the Federal Reserve, congressional consensus, having passed Reform Act will restore full trans-
Chairman Powell, has really instructed the House of Representatives three parency, promote oversight, and en-
us to keep the foot on the accelerator times, most recently this September. courage competition within the health
so that our economy doesn’t slump In 1944, the Supreme Court ruled in insurance industry. I look forward to
into a recession. At a time when so United States v. South-Eastern Under- this legislation being signed into law
many American families are laid off, writers that the business of insurance by the President.
unemployed, and simply struggling to was a form of interstate commerce. Ms. COLLINS. Mr. President, I appre-
get by, there is nothing more invig- This meant that the health insurance ciate Senator DAINES joining me to
orating to the economy than to have a industry would be subject to Federal clarify the intent of the Competitive
cash infusion. Those with limited re- antitrust laws under the Commerce Health Insurance Reform Act of 2019.
sources who are battling to pay bills Clause of the Constitution. The insur- This legislation, which Senator DAINES
turn around and spend that money ance industry began raising uncertain- has introduced with Senator LEAHY,
quickly. They don’t salt it away for ties about whether this meant that would modify the McCarran-Ferguson
some future rainy day. They need it States would no longer have authority Act by eliminating the health insur-
now. That is why we should seriously to regulate insurance. When Congress ance industry’s exemption from Fed-
consider this. acted to reaffirm this State authority, eral antitrust laws. That sounds like a
By passing this enhanced measure, in the McCarran-Ferguson Act, the in- good idea, but it has implications for
we can restore the American public’s surance industry managed to add a longstanding State regulation of the
confidence in Washington and by the last-minute special-interest loophole insurance industry.
fact that we are listening and working that exempted the business of insur- States have had the primary respon-
together, on a bipartisan basis, to re- ance from Federal antitrust laws. sibility for the regulation of health in-
spond. This measure that passed the It has become clear that this anti- surance since the 1940s. Given my past
House of Representatives has the sup- quated exemption has effectively given experience as commissioner of Maine’s
dlhill on DSK120RN23PROD with SENATE
port of the President, Speaker PELOSI, insurance companies the power to Department of Professional and Finan-
House Democrats, as well as many collude to drive up prices, restrict com- cial Regulation, I know firsthand that
House Republicans. Leader SCHUMER petition, and deny consumers choice. State insurance regulators do a good
and my Senate Democratic colleagues The large health insurance companies job of responding to the needs and con-
support it. So I hope Senator MCCON- of today have taken advantage of this cerns of their insurance consumers. To
NELL—the Republican leader—and his exemption to abuse the market and ar- protect consumers, State insurance
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