[Congressional Record Volume 166, Number 84 (Tuesday, May 5, 2020)]
[Senate]
[Pages S2227-S2229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                              Coronavirus

  Mr. DURBIN. Madam President, to date, more than 1 million people have 
contracted coronavirus in the United States--61,000 in the State of 
Illinois. Sadly, we are quickly approaching a death toll of 100,000 
Americans. While more people continue to contract and

[[Page S2228]]

succumb to the virus, another alarming trend has come to light. The 
coronavirus disproportionately affects minority communities. Black 
Illinoisans make up less than 15 percent of the State's overall 
population. However, they account for 34 percent of all coronavirus 
deaths. In Chicago, Black residents account for 52 percent of the total 
coronavirus deaths despite their comprising only 30 percent of the 
city's population.
  Recently, a survey of Latinos in Illinois, who make up 17 percent of 
our State's population, surpassed Black Illinoisans in confirmed cases 
of coronavirus. Now Latino Illinoisans account for 23 percent of 
confirmed cases in the State--the most cases of any race or ethnicity. 
Last week, on a call with the Illinois community health centers, I 
learned that, of the 34,000 African Americans who were tested in 
Illinois, 36 percent were positive for coronavirus. Of the 24,000 
Latinos tested, 62 percent tested positive--62 percent. Compare that to 
the 73,000 White Illinoisans tested for coronavirus, wherein 18 percent 
tested positive.
  Latino and Black populations in Illinois and across the Nation are 
bearing the brunt of this pandemic. As we continue to hit new, grim 
milestones during this public health crisis, these disparities are a 
sobering reminder of the historical inequities of our healthcare system 
in our country. Nationwide, Black and Latino Americans are more likely 
to have chronic diseases, such as diabetes, asthma, and heart disease, 
and are less likely to have health insurance than are White Americans. 
These health gaps are the result of historic and structural inequality, 
including their exposure to trauma, racism, stigma, and food deserts, 
and this pandemic magnifies the need to immediately address them.
  Black and Latino Americans are also more likely to hold frontline 
jobs that have been deemed essential in the food, retail, and service 
industries. That increases their risk of contracting the coronavirus 
when reporting for work. I have spoken with many community 
organizations, such as the First Ladies Health Initiative and West Side 
United, as well as the Illinois community health centers, and they have 
all stepped up to help Illinoisans find solutions to these challenges. 
Yet we can't just talk about the problem. We need to put solutions on 
the table.
  Congress needs to step up. I am working with the Illinois 
congressional delegation to improve our Nation's coronavirus data 
collection efforts so that we can better understand and address these 
racial disparities. It is unacceptable that not all States are 
currently reporting coronavirus incidents and deaths by race. We need 
these vital statistics to help the Federal Government, as well as the 
State and local governments, to develop plans to protect our most 
vulnerable populations.
  A few moments ago on the floor, the Republican leader--the Senator 
from Kentucky, Mr. McConnell--kind of warned us about the next stage of 
the debate when it comes to this coronavirus. He warned those of us on 
this side of the aisle not to see this crisis as the basis for 
fundamentally transforming our country. Well, I want to say to my 
colleague from Kentucky and all other colleagues, if we don't learn 
from this crisis the weaknesses of this great Nation when it comes to 
healthcare, if we don't understand the inequities of this great Nation 
when it comes to healthcare, and if we don't resolve to do something 
about it, shame on us. If at the end of this crisis we breathe a sigh 
of relief and say that now we will go back to business as usual, 
wherein health disparities are accepted in this country, shame on this 
Senate
  Yes, I want to see our way through this crisis with the fewest number 
of infections and the fewest number of deaths. That is our immediate 
goal--to protect America and to restore the economy. Yet, when it is 
over, if we don't step back and take a look at what we have learned 
from this crisis and vow to make America stronger, fairer, and more 
just when it comes to healthcare in this country, shame on us.
  There are those who voted against every aspect of the Affordable Care 
Act--so-called ObamaCare--10 years ago. I remember it well. Not a 
single Senator from the other side of the aisle would support our 
effort to reduce the number of uninsured people in America 
dramatically. We barely passed it--by one vote in the U.S. Senate and 
with Senator Harry Reid as the majority leader at the time--and without 
any help, without any votes, from the other side of the aisle. And what 
happened? In my State, the number of those who were uninsured was cut 
in half by this so-called ObamaCare. Proudly, I call the Affordable 
Care Act ``ObamaCare.''
  Since then, those on the other side of the aisle have been resolute 
in their determination to repeal it, not to replace it with anything 
that is better--they don't even have a replacement--and to give up on 
our quest of making sure that every American has the peace of mind for 
having the protection of health insurance--affordable, quality health 
insurance.
  At the end of this health crisis, are we still going to hear the 
other side of the aisle arguing that we shouldn't dedicate ourselves to 
reducing the number of uninsured? I hope they will take the time, as I 
have, to talk to administrators at hospitals about what is happening in 
their emergency rooms, in their surgical suites, and in other places in 
which they have had to address this crisis firsthand. One major 
hospital in Chicago said that half of the people in that hospital who 
have died from coronavirus-related disease had no health insurance. Is 
this a coincidence? No. It is a pattern. Without health insurance and 
with gross disparities in the delivery of healthcare, we know that 
there are groups of Americans who are suffering and that many will die.
  So I would just say to the Republican leader, yes, I hope that our 
experience from this coronavirus makes us all vow, on both sides of the 
aisle, to truly change America for the better when it comes to 
healthcare and health protection. That is a must.
  Last week, I had the opportunity to speak with several Illinois-
focused community development financial institutions. These 
organizations do amazing work by offering lending services to small 
businesses and populations that are typically overlooked by the big 
banks. They were grateful for the work we have done so far and for the 
legislation we have passed, but they had suggestions on how to improve 
the Small Business Administration's Paycheck Protection Program to 
ensure that financial relief makes it to minority-, women-, and 
veteran-owned small businesses.
  In addition, I am working with my colleagues to help ensure that 
vaccine and drug trials that are related to COVID-19 include diverse 
patient populations and are widely available and affordable. I have 
cosponsored the COVID-19 Racial and Ethnic Disparity Task Force Act 
with Senator Kamala Harris. This important piece of legislation would 
create a task force comprised of healthcare, economic, and government 
leaders to provide recommendations about how to best allocate resources 
to address racial disparities in our healthcare system.
  When the Senator from Kentucky, the majority leader, comes to the 
floor and says to those of us--warns those of us--on this side of the 
aisle not to use this healthcare crisis as an excuse or an opportunity 
to transform America, is he wedded to the racial inequality that we see 
in our system in his warning us not to try to address it? I hope not. I 
hope that we can have a bipartisan approach to making this system 
fairer in its reaching more people.
  This week, I am introducing the Health Heroes 2020 Act, and here is 
what is behind it: As we all put up signs in our windows and yards 
across America to thank healthcare workers for risking their lives, we 
understand that these doctors, nurses, and lab technicians and these 
people who work in nursing homes who are taking care of the elderly 
folks, as well as those who clean up and provide food, are all 
healthcare workers who are risking their lives to do their work. I 
thank them. We should all thank them day in and day out.
  Yet what are we going to do about recognizing the work they have 
done?
  First, I think we ought to compensate them for jobs well done. 
Senator Bob Casey has legislation on that subject, which I am happy to 
support.
  Beyond that, what can we do for our healthcare workforce? Why is it 
that in the United States of America the best and brightest, who get 
great grades in

[[Page S2229]]

high school, go through college taking the tough courses and getting 
good grades, get accepted to medical school, and after working hard for 
4 years or more there, go through residencies which are backbreaking 
exercises in actually learning the clinical practice of medicine, and 
just before we tell them they are licensed doctors ready to practice in 
America, we give them bad news--the news that they must be carrying a 
student debt from medical school of between $200,000 to $240,000 on 
average? What are we thinking? These women and men are critical to our 
future and our own healthcare. Why do we burden them with this certain 
awesome debt that they have to carry forward and build their career 
around? That is why this bill really seeks to look at this from a new 
angle and says that we ought to reward those medical students who are 
willing to practice in areas of greatest need--minority students as 
well--and provide for them scholarships to defray the cost of medical 
school so they don't end up graduating with this incredible financial 
burden. This legislation would help provide doctors, nurses, mental 
health professionals, dentists, and others to communities with 
shortages which often contribute to health disparities as I described 
earlier--inner-city areas, rural America, smalltown America. Studies 
show that having doctors who reflect the communities they treat 
actually helps health outcomes. So my bill would help to expand the 
representation of minorities in the workforce.
  Last week, in a letter to the CDC, Centers for Disease Control and 
Prevention, I urged the agency to support global efforts to build up 
our community health workforce capacity. Communities of color across 
America are suffering at disproportionate rates across this pandemic, 
and we have to step up to help all Americans against the threat of 
coronavirus. It is unacceptable, but sadly not surprising, that 
communities of color are bearing the burden of this dangerous virus. I 
stand here to continue fighting with my colleagues in the Senate to try 
to solve these inequities happening in communities across the Nation.
  There aren't many redlines that have been drawn publicly so far as we 
have considered coronavirus legislation. We passed the original CARES 
Act, $2.2 trillion, with 96 votes on the floor of the Senate and with 
no dissenting votes. The next bill, the coronavirus 3.5, as it was 
characterized, passed the U.S. Senate by a voice vote, adding $484 
billion to the effort. More will obviously be needed, not just for 
small business loans but also for unemployment insurance and certainly 
to make sure that our hospitals, large and small, can survive this 
crisis as we all hope America will. We are certain they will, but we 
have to be prepared to do that.
  Yet, this morning, the Republican leader came forward and said he is 
drawing a redline; that Republicans will not move forward when it comes 
to dealing with these challenges without addressing one issue, and that 
was the issue of legal liability. I will not describe in detail what 
the Senator from Kentucky is proposing because we haven't seen it, but 
what he is suggesting is that our greatest fear shouldn't be the 
coronavirus; it should be trial lawyers--trial lawyers.
  He is fearful that we are going to see COVID-19 lawsuits. Well, let 
me tell you, there could easily be COVID-19 lawsuits and some--and I 
think most Americans would agree--should be filed. Is there a COVID-19 
lawsuit if someone is profiteering with protective equipment, raising 
the prices way beyond reach because they have this moment of 
opportunity with the crisis we are facing? One downstate hospital in 
Illinois talked about surgical gowns that cost 22 cents apiece and now 
cost between $11 and $20 apiece. Clearly, there is price gouging and 
profiteering. If we can, can we hold those responsible for profiteering 
liable? I would say yes. Is that a COVID-19 lawsuit? I think it is 
related to COVID-19, but it relates to it in a way that most Americans 
would agree there should be legal action.
  If there are scams and profiteering, the people responsible for it 
should be held legally responsible in a lawsuit, if necessary. If 
people are promulgating phony tests and making representations that are 
a fraud on the public, should they be held accountable? Well, of 
course. Is that a COVID-19 lawsuit? Could be.
  What about those who are talking about the protection of workers? If 
workers are not protected on the job, they may be turning to workers' 
compensation for any of the injuries and illnesses that result. Are we 
going to stop those as COVID-19 lawsuits going too far? Nurses are 
suing in some situations because they are not being given adequate or 
quality protective equipment. Do we want to stop that litigation as 
well? Is that what the Senator from Kentucky is suggesting
  There is an interesting situation with meatpacking workers right now. 
I know a little more than some Senators about that. When I was working 
my way through college, I spent 12 months working in a meatpacking 
plant in East St. Louis, IL. I was paid $3.65 an hour. I thought that 
was pretty good, but it was hard, hard work. I saw what it was like 
then, many, many years ago. I have gone back to see the meatpacking and 
meat processors today. It is not much different. People stand literally 
elbow-to-elbow, shoulder-to-shoulder, as conveyor belts bring through 
hundreds and hundreds of pounds of meat and poultry that have to be 
acted on immediately to keep up with the line. It is tough, hard work, 
and now it turns out to be an extraordinarily dangerous line of work as 
well. We are learning that disproportionate numbers of workers in this 
industry are coming down with the COVID virus infection. United Food 
and Commercial Workers, which represents many of these plant workers, 
estimated that at least 5,000 have already reported infected and 
anywhere from 10 to 20 have died. Now the President issues an Executive 
order mandating that these companies open for business. Well, I can say 
to the President, yes, they should open, but only if they dedicate 
themselves to the health and safety of their workforce as the highest 
priority. Let's make that workplace safe before we talk about making it 
a mandatory opening.
  In fairness to the industry, in my State of Illinois, several 
companies that have been affected have reached out to us and are, in 
fact, determined to make their workplace safe. I salute them for taking 
that approach. They are talking about testing and making sure that 
workers on the job have necessary distancing and protective equipment. 
That is the right approach. In the meantime, those companies that 
ignore that responsibility, should they bear some liability for the 
illnesses or injuries that result? Well, under workers' compensation 
law, they certainly would. Is the Senator from Kentucky calling that 
the COVID-19 lawsuit? It could be related to COVID-19, for sure. Should 
they have their day in court? I certainly hope so.
  As we look at the challenges before us, and there are many, this 
notion of drawing a redline on legal liability, unfortunately, fails to 
take into account that system of justice in America which we have 
turned to in good times and bad to make sure that justice is meted out 
to those who have no recourse but to consider lawsuits in court. Let's 
take this issue seriously, carefully. Let's not squander the 
opportunity of protecting the people who are risking their lives every 
day in essential workplaces and believe they, too, should be protected 
by our system of justice. I will stand with them, and I hope that other 
Members of the Senate will join me.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from South Dakota