[Congressional Record Volume 166, Number 137 (Monday, August 3, 2020)]
[Senate]
[Pages S4655-S4658]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                              Coronavirus

  Madam President, with August here and the start of school just around 
the corner, school districts, colleges, and universities in Texas and 
Iowa and everywhere else are in the process of making very difficult 
decisions about how to begin the school year. The teachers, the 
professors, the faculty, and the administration of these schools

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are trying to figure the best way to keep their students safe but, at 
the same time, provide a quality education for all their students.
  As we have seen, there is no one-size-fits-all to the coronavirus 
when it comes to public health. Our Nation is very diversified, with 
some highly concentrated populations with multigenerational families 
and an international travel hub, like New York City, and more rural 
areas where we, fortunately, have not seen the same sort of impact that 
we have in some of these concentrated areas
  So, in a country as big and diverse as ours, there has been no one-
size-fits-all handbook or rubberstamp response. With COVID-19 surging 
in some parts of my State and declining in others, decisions, I think, 
should continue to be made flexibly, which means they should be made 
locally. Each school district or college knows their challenges, their 
needs, their capability, and the risks better than anyone else from the 
outside--certainly from Washington, DC--and they should be the ones, at 
the local level, to make the decisions how best to safely proceed.
  Whether the school year kicks off with in-person, online, or some 
combination of the two, one thing that has become abundantly clear is 
that additional Federal support is needed so these schools can safely 
reopen with the proper protections in place. Congress has already 
provided $30 billion in emergency relief for education, including more 
than $2.6 billion for Texas alone, which has helped our school 
districts, colleges, and universities prepare for the start of the new 
year while filling some holes left by gaps in tuition that has not been 
collected because students have not been studying in person.
  Now, this funding can be used to support things like cleaning 
services and equipment to protect students and staff returning to the 
classroom. It could be used for laptops or hot spots for virtual 
learning.
  What we really need is a restoration of confidence that people can 
continue to get on with their lives, as we all have learned to do, by 
socially distancing, masking, handwashing, and staying home if you are 
sick. That is what each of us can do as individual Americans, and that 
is what students can do in their classroom, as deemed appropriate by 
local authorities and parents.
  Well, we had a strong start in the response to the coronavirus with 
the legislation that we passed, the repeated bills we passed on a 
bipartisan basis, virtually unanimously, but now is not the time to 
take our foot off the gas. The Senate must move quickly to pass 
additional relief, not only for our students and teachers but for the 
workers and the industries hit hardest by this pandemic.
  Think about our healthcare heroes. These were the truly essential 
workers who didn't have the choice to work remotely; they had to be on 
the frontline treating the people with the virus.
  We have unemployed workers--people who, through no fault of their 
own, continue to not earn a paycheck--and small businesses that are 
struggling. Maybe they had a PPP loan and grant but now have continued 
to see their businesses harmed by lack of customers. Then there are 
farmers and ranchers and other producers, so many of whom need us to 
act and act quickly.
  Now, Congress is not known for acting with speed and dispatch, and at 
most times that is actually probably a good thing because you make 
mistakes when you get in a big hurry, but there is no reason we can't 
come together and reach an agreement this week and get relief on the 
way to those who need it most.
  The Senate should not recess--we should not go back home for the 
August break--until the next coronavirus bill is complete. So we really 
have a choice. We can do this the hard way or we can do it the 
commonsense and easier way, which is simply to sit down, come together, 
and work our way through our differences. We know how to do it because 
we do it all the time, and it is the only way anything gets done.
  So we need to put the grandstanding and the posturing and the 
rhetoric and the politicalization of this pandemic on the shelf for the 
time being. There is plenty of time for elections. The election is 93 
days off from today, but what is urgent and what is needed most is for 
us to demonstrate that we can lead during a time of crisis. When our 
constituents, the American people, are in pain and hurting and need our 
help, we need to demonstrate we can work our differences out and come 
together and respond to that need.
  Despite the immense challenges presented by the virus, tens of 
millions of essential workers have continued to go to work each day 
because their communities depend on them. We all depend on them. Right 
now, our country is depending on us to do our job, and we cannot let 
them down.
  As school leaders make tough decisions today and continue to assess 
the situation, we need to ensure that they have the resources they need 
to keep their students healthy and their education on track.
  This is not a zero-sum game. It is not one or the other. We have to 
do both.
  The HEALS Act that was introduced by a number of colleagues on this 
side of the aisle included $105 billion for education, more than 
tripling the investment made in the CARES Act, which we passed late in 
March. The majority of that funding goes to K-12 schools and will 
support safety measures for students and also provide better access to 
those studying remotely at home. It will bolster the Higher Education 
Emergency Relief Fund with an additional $29 billion to ensure that 
colleges and universities can make accommodations not only for learning 
on campus but also the living, eating, and the range of other 
activities that occur on university campuses.
  At least 10 percent of that funding is dedicated to the historically 
Black colleges and universities and minority-serving institutions.
  Keeping Texas children healthy and their education on track is a top 
priority. It should be a top priority here and for all of us, and the 
next relief bill must provide the funding for our students and teachers 
that they need as they head into this new territory this fall.
  In addition to supporting our children going back to school, another 
issue that has reared its head is childcare because, for many parents, 
if their children are not studying in classrooms, they are studying at 
home, and they need supervision. Many parents who would like to go back 
to work, if they can do so safely, need to have childcare available for 
them to be able to do so
  In 2018, 60 percent of Texas children under the age of 6 had all 
their available parents in the workforce--60 percent. And prior to 
COVID-19, many of these working parents relied on daycare so they could 
go to work.
  Of course, the pandemic has changed childcare arrangements for many 
families. Those who have been able to telework have often pulled double 
duty as employees and caregivers at the same time, and those who, 
unfortunately, lost their jobs or were laid off have stayed home with 
children until they have been able to return to work.
  But, really, childcare will be a huge limiting factor for many, many 
people who want to and can safely return to work. Now that more 
businesses are reopening, parents are increasingly in need of safe, 
reliable childcare, and Congress needs to step up and provide relief to 
childcare providers.
  The HEALS Act authorizes short-term assistance to help them so they 
can safely reopen their doors and parents can safely return to work. 
This is, I believe, a key to getting more people back to work so we can 
begin to recover and rebuild our economy.
  This legislation builds on another provision in the CARES Act that 
provided students student loan relief for the more than 43 million 
Americans with student loan debt. It allowed students to defer student 
loan payments for up to 6 months with no penalty. I have gotten a lot 
of positive feedback on that provision from Texans across nearly every 
part of the State.
  With so much economic uncertainty, we can't allow that provision to 
expire. Student loan debt is a real and growing problem in our country, 
and families should never be in the situation where they are 
sacrificing their basic needs just to make those student loan payments, 
especially during the time of a global emergency.
  As we try to find consensus on the next coronavirus response package,

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there is no room to compromise on support for our children and 
teachers.
  Another critical provision of supporting our schools is liability 
protections.
  As I mentioned, schools are weighing whether to reopen, and they go 
through a long list of considerations. The number of cases of COVID 
virus in their community, new case trends, the risk to student health 
and teachers, the ability to implement relevant health guidelines--
school leaders are weighing all of these factors and more in 
determining whether to reopen their doors. But even if a school is 
prepared to take every precaution and make a good-faith effort to 
protect the health and safety of students and staff, they can still 
face a mountain of lawsuits.
  Let's say a district has carefully considered all of these factors 
and made the decision to reopen. They are prepared to implement the CDC 
guidelines and mitigation strategies--things like social distancing, 
masks, handwashing, reduced class sizes, and cohorting students. They 
have made changes to the bus routes, classroom seating, and lunch 
schedules to accommodate social distancing. They have talked to parents 
about how to identify the symptoms of COVID-19 and have planned for 
what they should do if a student or staff member tests positive.
  Despite taking every precaution and closely following guidelines, the 
schools could still be sued for COVID-19 exposure. If a child contracts 
the virus, a parent could file a lawsuit blaming the school. Even 
though it would be extremely difficult--if not impossible--to prove the 
school was at fault, the district could be drawn into a costly court 
battle to defend itself, taking money and time away from classrooms 
needed to teach our children.
  In Arizona, this has arisen as a major issue. The largest insurer for 
schools announced it will not provide liability coverage for COVID-19 
claims. Without action from Congress, many schools may choose not to 
reopen their doors because the risk of expensive litigation is simply 
too high.
  It is not just litigating and losing that is such a burden. By 
litigating, you actually can lose even if you win the case because of 
the cost associated with defending these cases and the time and energy 
it takes that could be expended on educating our children.
  That is why the legislation I have introduced, known as the SAFE Act, 
which is included in the HEALS Act, is so important. It will prevent 
schools that make a good-faith effort to safely reopen from facing a 
wave of opportunistic litigation.
  It doesn't provide blanket immunity. It actually incentivizes 
following public health guidelines and says that only those who engage 
in willful or grossly negligent conduct can be sued and recovery 
sought. But it does spell out in black and white that K-12 schools, 
colleges, and universities will be protected from COVID-19 exposure 
claims as long as they make a good-faith effort to comply with 
mandatory public health guidelines.
  This is the targeted and temporary provision. It expires in 2024. 
This is not an attempt to permanently change the tort laws that apply 
across the board but only a targeted provision that applies to this 
pandemic.
  Our schools need to know and have confidence that if they are 
operating in good faith and obeying guidelines, they will not spend the 
next years in court fighting lawsuits.
  In order for our country to recover, these workers and institutions 
need to be able to open their doors and to do their jobs with 
confidence. That is precisely what this legislation will provide.
  I hope our colleagues on both sides of the aisle will join us in 
providing this critical funding and the protections our schools need at 
such a crucial time.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arkansas


 Tribute to General David L. Goldfein and Chief Master Sergeant Kaleth 
                               O. Wright

  Mr. BOOZMAN. Madam President, I would like to take this opportunity 
to recognize and congratulate two of my favorite people--Gen. David L. 
Goldfein and CMSAF Kaleth O. Wright on their upcoming retirement from 
the U.S. Air Force after a combined 68 years of distinguished military 
service to our great Nation.
  General Goldfein's outstanding 37-year career has culminated as the 
21st Chief of Staff of the Air Force. In this role, he has been 
responsible for the organization, training, and equipping of 685,000 
Active-Duty, Guard, Reserve, and Civilian Forces serving all over the 
world. He has been crucial to strengthening our national security and 
has led the effort on shaping the Air Force and Joint Force of the 
future.
  General Goldfein launched his career at the Air Force Academy. He 
graduated in 1983 and continued his training at the United States Air 
Force Weapons School. He would go on to earn his command pilot rating, 
accumulating more than 4,200 flying hours in various aircraft, such as 
the T-37, T-38, F-16, F-117, MQ-9, and MC-12.
  He flew combat missions in Operations Desert Shield, Desert Storm, 
Allied Force and Enduring Freedom. On May 2, 1999, while flying a night 
mission during Operation Allied Force, then Lieutenant Colonel Goldfein 
found himself in the skies above Serbia in his F-16 fighter jet. His 
mission was to bomb targets designed to force the Serbian dictator, 
Slobodan Milosevic, to withdraw his troops from Kosovo.
  Things changed rapidly when an air missile exploded through the belly 
of his aircraft, forcing him to eject and parachute into enemy 
territory. He was quickly rescued in Kosovo by the Air Force's elite 
combat search and rescue team.
  His ability to make sound decisions under this extreme pressure and 
many other actions throughout his career are why he was the right 
person to serve as Chief of Staff for the past 4 years. General 
Goldfein epitomizes the finest qualities of a military leader. His 
passion for the Air Force, the airmen, and their families--this 
certainly is a family affair--is unparalleled, and the country owes him 
a debt of gratitude for his sacrifice and for his service.
  I would also like to recognize Chief Master Sergeant of the Air Force 
Wright for his exceptional 31-year career in the U.S. Air Force. For 
the past 3\1/2\ years, he has served as the senior enlisted advisor to 
the Air Force Chief of Staff and the Secretary of the Air Force on all 
issues regarding the welfare, the readiness, the morale, and proper 
utilization and progress of the enlisted force.
  After enlisting in the Air Force in 1989, Chief Wright would go on to 
serve in various duties in the dental career field. He deployed in 
support of Operations Desert Shield, Desert Storm, and Enduring Freedom 
and completed overseas tours in South Korea, Japan, Germany, and 
Alaska.
  As the 18th Chief Master Sergeant of the Air Force, his transparent 
leadership, character, and natural charisma built a never-before-seen 
trust with the 410,000 enlisted members. Under his leadership, 
improvements were made to the enlisted professional military education 
system, enlisted promotion system, physical training testing, and the 
enlisted evaluation system. His passion for building a resilient force, 
suicide prevention, and diversity and inclusion will have lasting 
positive impacts on the service, the airmen, and their families.
  Fittingly, Chief Wright will continue to advocate for airmen as the 
next CEO of the Air Force Aid Society. As cochair of the Senate Air 
Force Caucus and Chairman of the Appropriations subcommittee 
responsible for ensuring our Armed Forces and their families have the 
infrastructure and facilities to support their needs, I have met with 
these Air Force leaders on numerous occasions during their service, as 
they encouraged congressional support to strengthen Air Force 
priorities and military readiness. Airmen can be proud of their 
advocacy and leadership to ensure the United States maintains our air 
superiority.
  On behalf of the U.S. Senate, the Senate Air Force Caucus, and a 
grateful nation, I extend my deepest appreciation to General Goldfein, 
Chief Master Sergeant Wright, and their families for their many, many 
years of exemplary military service and sacrifice. We all wish them 
nothing but the very best in the future.
  With that, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. WICKER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.

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  The PRESIDING OFFICER. Without objection, it is so ordered.