[Congressional Record Volume 166, Number 202 (Tuesday, December 1, 2020)]
[Senate]
[Pages S7119-S7122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                              Coronavirus

  Mr. THUNE. Madam President, yesterday drugmaker Moderna filed for an 
emergency use authorization from the FDA for its COVID vaccine. The 
FDA's Vaccine Advisory Committee is scheduled to discuss Pfizer's COVID 
vaccine next week and is expected to review Moderna's shortly 
thereafter.
  That means that it is entirely possible that by the end of December 
the FDA will have authorized not one but two COVID vaccines that have 
so far shown more than 90 percent effectiveness in preventing the 
disease. This is very hopeful news, and it is a tribute to the 
innovative power of the private sector and the efforts of Congress and 
the Trump administration to expedite the development of COVID vaccines.
  The light at the end of the tunnel looks like it is on the way. At 
the same time, it is essential that we not minimize what is happening 
with COVID right now. Cases are surging and are likely to surge 
further, and doctors and hospitals are struggling.
  It is essential that we maintain key safety measures until those 
vaccines arrive. Now, more than ever, we need to keep wearing masks, 
wash our hands, and maintain social distance. The more responsibly we 
act, the more we can protect vulnerable members of the population and 
keep our doctors and hospitals from being overrun. Acting responsibly 
can also help avert further economic shutdowns, which would

[[Page S7120]]

be a devastating blow to a lot of struggling businesses.
  I know that it has been a long, hard year and that everyone is tired 
of the additional safety measures we have had to take, but the 
beginning of the end is in sight, and we need to hold on for a few 
months longer and keep doing everything we can to prevent further virus 
spread.
  At the same time, it is important that State and local governments 
use their authority responsibly and think carefully about the impact of 
the health and safety measures that they are putting in place. It is 
also essential that elected officials ensure that they are respecting 
our constitutional rights--notably, the right of assembly and the free 
exercise of religion--when imposing coronavirus restrictions.
  I was pleased to see the Supreme Court uphold this principle in its 
recent decision suspending draconian New York measures targeting houses 
of worship. New York City is not the only place where churches have 
faced disproportionately strict restrictions. Earlier this year in 
Washington, DC, for example, the mayor celebrated mass protests that 
vastly exceeded recommendations for gathering size, even as she 
maintained strict restrictions on houses of worship.
  I was pleased to join an amicus brief to the DC district court in 
support of Capitol Hill Baptist Church's lawsuit against the DC 
government asking that the church's constitutional right to free 
exercise of its faith be respected in the same way as the protesters' 
rights to freedom of speech.
  Throughout this pandemic we have, unfortunately, seen a significant 
degree of hypocrisy from many on the left who have called for or 
imposed strict restrictions on activities that they deem nonessential 
while celebrating activities that they approved of but that posed a 
significant risk of coronavirus transmission.
  The First Amendment cannot be applied selectively, and when imposing 
coronavirus restrictions, lawmakers need to exercise the greatest 
respect for our first freedom--the free exercise of religion--and 
ensure that churches are not subjected to disproportionately severe 
measures.
  More than that, politicians should do everything that they can to 
ensure that religious worship is supported as far as possible during 
the pandemic. Worship is an essential activity, and it should be 
accorded the same respect and deference that governments have accorded 
to liquor stores, bike shops, and nail salons.
  In the next couple of weeks, Congress will be passing key 
legislation, including a bill to fund the government. I am hoping that 
we will be able to add a COVID relief bill to that list. While the 
money Congress has already invested in COVID relief has gone a long way 
toward meeting the country's needs, there is more that we need to do.
  Republicans put forward an additional targeted relief package months 
ago, but Democrats spent the fall delaying additional COVID relief by 
insisting on bloated legislation filled with unrelated and unreasonable 
demands. It has been impossible to negotiate with Democrats for the 
simple reason that Democrats have made it clear that compromise is not 
an option. ``It is our way or the highway,'' Democrats have said. It is 
either a multitrillion-dollar bill or nothing at all.
  Democrats have to know that they don't have a chance of getting their 
bill through both houses of Congress and to the President's desk, so 
the reasonable thing for them to do, if they really want to help 
Americans, would be to work with Republicans to pass a bill that 
delivers at least some of what they want. Republicans and Democrats 
agree on a number of things, from more money for schools, testing, and 
vaccines to another round of Paycheck Protection Program relief for the 
hardest hit small businesses.
  We should be able to arrive at compromise legislation that both sides 
can agree to, and we should pass that compromise legislation before the 
end of the year. I was encouraged to hear that a few Democrats are 
looking to develop bipartisan coronavirus legislation, and I hope we 
will be able to convince the Speaker and the Democratic leader here in 
the Senate that working with Republicans--really working with them--and 
not pretending to negotiate while refusing to actually compromise is 
the right thing to do for the American people.
  It has been a rough year for the country. Let's close it out by 
working together to deliver the additional relief that Americans need 
to weather the rest of this pandemic
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Madam President, how bad is the COVID-19 pandemic? I am 
sure we each look at it in personal and family terms.
  We have just gone through a Thanksgiving like no other, for my family 
and for many others who decided that safety was more important than 
being physically in the same room with the family members we love. So 
we turned to FaceTime, Zoom, and every other contrivance we could find 
to maintain a connection with children, grandchildren, and other people 
we love.
  But the situation is dire. The infection and death rate in my home 
State has been heartbreaking in terms of the number of people who have 
had their lives changed, and some have had their lives ended because of 
it.
  I can use one example of how bad it is. It won't mean much to those 
who are listening. The city of St. Louis is a large metropolitan area--
millions of people. I grew up nearby on the Illinois side of the river. 
One day last week the St. Louis hospitals were unable to take a COVID-
19 patient, and, as a result, that patient was transported almost 100 
miles away to Quincy, IL, to a hospital so the patient could receive 
the care that they needed. Think of that: not an available space in the 
city of St. Louis.
  Last month a dear friend of mine, feeling ill, who lived in Illinois, 
went over to the St. Louis area and went to one of the most outstanding 
hospitals in the city. She was told she couldn't be admitted because 
there was no room for her. She went to the second most reputable 
hospital in the city with the same report. Finally, with the third try, 
she was admitted to another hospital. Three days later she passed away. 
In a desperate situation, she was turned away from two major hospitals 
because they didn't have room.
  So we can argue long and hard about the danger of this COVID-19, 
whether it is something to take seriously or not--and there are still 
those who insist it is not--but we can't escape the reality that 13\1/
2\ million Americans have already been infected with the COVID virus 
and over 267,000 American lives have been lost.
  My heart goes out to those families and their loved ones, some of 
whom were my friends--and one very close friend--who have lost their 
lives. And for all of those who are fighting COVID-19 today, including 
Members of Congress, I wish them well, Godspeed. Get well and come back 
and join us in a positive way.
  As the number of infected Americans continues to rise, it is vital 
that we continue to take safety precautions: social distancing, wearing 
masks, and staying home as much as possible.
  I am worried about the health and safety of our country, but I am 
also worried about the millions of Americans who find themselves in 
dire straits as the economic impact of this pandemic lingers. I think 
of some of the restaurants in Chicago and in my own hometown that I 
visited with my wife from time to time. They are gone. They are not 
going to return.
  Sadly, every day, decisions are being made by businesses just like 
those that they just can't continue to lose money. It clearly is a call 
to action for Congress to do something.
  Some choose to focus on the status of the stock market indexes and 
monthly job reports as proof that the economy has recovered. In fact, I 
met with a group of Senators from the other side of the aisle who said 
it is the dominant opinion of the majority of Republican Senators that 
we don't need a stimulus; that we have recovered; we are on our way. I 
don't see it that way at all. I think we clearly need to bring life 
into this economy that reaches families, neighborhoods, communities, 
and towns.

  The Wall Street Journal and the Dow Jones average are interesting to 
read, but for most Americans, it is not part of their regular life 
experience; it is just a question about whether or not they can keep 
their family-owned business open or whether or not that store or that 
restaurant they always valued

[[Page S7121]]

as part of their community is gone forever.
  We know the stock market or a single jobs report are not reliable 
measures of the economy's overall health. The fact is, too many 
Americans are still living life on the brink. Look at the long lines of 
people in their cars waiting for food, spending hours of their day 
trying to get a donation of food. Some of them are embarrassed by the 
experience, though they should not be. It reflects the reality of what 
life is like for many people who just a short time ago were volunteers 
at that same food bank or contributed to it. They are waiting anxiously 
for relief and wondering if Congress even knows it.
  We set a record of 88,000 Americans hospitalized last Tuesday, a week 
ago. One-quarter of our hospitals are reporting critical shortages of 
doctors and nurses who have been fatigued with months on the 
frontlines. I can't help but be personally moved by these doctors and 
nurses who stand before us and talk about what it is like to be in that 
emergency room day after day after day. These are rock-solid 
professionals who have given their life to the medical profession. How 
many times have we watched them break down in tears as they tell us 
what they are going through? You talk about the emotional stress that 
we face, the depression we face having to stay home and away from our 
friends and family. Think about what they face every single day, plus 
the danger to their own personal health and the danger to their 
families that is part of this. It really begs for us to take this much 
more seriously here on the floor of the U.S. Senate.
  In the weeks leading up to Thanksgiving, 1 in 8 Americans--126 
million--didn't have enough to eat. Millions of Americans are claiming 
some form of unemployment insurance. If we do nothing--if we do 
nothing--in the Senate, other than to act on the Executive Calendar, 
which the Republican leader referred to this morning, the day after 
Christmas, 12 million Americans will be cut off entirely from 
unemployment assistance--12 million. If we don't do something, those 
families will be in a desperate situation.
  If Congress fails to act, that day is going to be an ominous, dark 
day in our history. The issues facing our State and local governments, 
which are at the forefront of combating this crisis, continue to be a 
priority. Their budgets are being hammered by shrinking revenues, and 
without additional aid, many will have no choice but to either cut 
important services that many rely upon or raise taxes on families 
already hard-hit.
  We must take action to protect our State and local government 
workers, the firefighters, the teachers, the first responders. In the 
coming weeks, as many as 30 million Americans are facing the risk of 
eviction without additional help. Merry Christmas. You have been 
evicted.
  Just a few weeks ago, nearly 12 million Americans indicated they 
would be unable to pay their rent or mortgage in December. Where will 
they go? Housing assistance that helps keep families in their homes 
during this public health crisis, as we move into winter months, has to 
be a top priority.
  For those who are saying that we are out of the woods, we don't need 
a stimulus, look at those numbers on the Dow Jones index--I ask you to 
tell that to 20 million Americans receiving unemployment today or the 
countless small businesses that are facing closure.
  There is still a lot of hurt out there, and we need to get more 
relief out to those who need it. News of the COVID vaccine development 
is promising, but we are many months from building up the immunity that 
we need. In the meantime, we must confront the virus with investments 
in testing, tracing, and healthcare.
  I want to, at this point, say a word about an effort that was 
announced this morning that I have been part of for several weeks. 
There is a bipartisan group of Senators in Congress who have been 
talking about the very issues that I raised in this speech. I can't 
tell you how many hours they put into it. We have a group of eight 
Senators--four Democrats and four Republicans on this side of the 
Rotunda and a similar group on the other side of House Members--who 
have been trying to find a bipartisan path out of this current 
situation. I want to salute them. On the Democratic side, I want to 
thank Mark Warner of Virginia, Joe Manchin of West Virginia, and Jeanne 
Shaheen of New Hampshire. It has been my honor to sit at tables on Zoom 
calls hour after hour after hour as we hash through some of the 
difficult choices that need to be made. On the Republican side, I want 
to thank Susan Collins, Lisa Murkowski, Bill Cassidy, and Mitt Romney. 
They have put as much time as I have, and many times more, in this 
effort to bring us to a point where we can offer a solution.
  They announced this morning that they have come to a conclusion that 
the spending part of this is going to be manageable--doable--on a 
bipartisan basis, and it should be called on the floor for passage. I 
will tell you that the $908 billion package they put together is not 
what I wanted. I believe there should be dramatically larger amounts 
put into this effort. But there are some on the other side of the aisle 
who believe that little or nothing is needed. They have tried to find a 
middle ground, and I believe they have with the $908 billion. The way 
it is allocated across the board in a draft framework hits the major 
elements that we need to act on before we go home for Christmas in this 
month of December. I am not happy with a lot of these figures, but that 
is what it is all about in this world of the U.S. Congress: You come 
together willing to sit down and listen to the other side and, if 
necessary, compromise, so at the end of the day, you have something to 
show for your efforts.
  The reason I didn't participate in the press conference this morning 
is because at the very end, an issue came up, which I believe is really 
so important, that has to be resolved and resolved fairly, and that is 
the issue of immunity from liability. Many of us believe that 
businesses--most businesses--are doing everything they can think of to 
keep their employees and their customers as safe as possible, and I 
salute them for it. But many of them as well believe that we need to 
have standards that they can live up to, so if they are ever challenged 
by an employee, by a customer, or even in court, they can turn to a 
standard of care and point that they did everything they could be 
expected to do at that moment in time.

  I believe that is a good defense and always has been to any 
accusations of wrongdoing. But there are some who believe that there 
should be a different standard, an unreasonable standard--one that I 
think goes too far in providing immunity from liability, not just for 
good businesses but also for those that are not. And there are some. We 
need to have the courts available for those who have been treated 
badly. I think of the meat processing plants and some of the activities 
that were involved in the earliest stages, where the employees didn't 
receive the basic protection they needed. They came down with the COVID 
virus, and many had serious consequences in their lives. I believe they 
deserve a day in court.
  I want to make sure that we pass this COVID-19 bill, as the group has 
brought together or something like it, for $908 billion. We shouldn't 
be delayed or diverted from this effort by a debate over immunity from 
liability. It is an important issue, but some 38 States have already 
adapted their laws relating to COVID-19 liability. The others can 
certainly do it, if they wish, if they think they need it. That has 
resulted in some things which are worth reporting.
  We are told that there is a tsunami of COVID-19 lawsuits that are 
being brought against individuals and businesses. It turns out that 
nothing could be further from the truth. There is a law firm known as 
Hunton Andrews Kurth that monitors all lawsuits that are filed in the 
United States every day. They have sought out how many lawsuits relate 
to COVID-19 and the coronavirus. Last week's report is this: Out of the 
some 12\1/2\ to 13 million Americans who have been infected with the 
COVID virus, only 6,273 lawsuits have been brought in the entire Nation 
in the year 2020 that mention the term COVID-19 or coronavirus. Well, 
you think: Boy, that is a lot of lawsuits to be filed against doctors 
and nurses and hospitals. Let me tell you, out of the total number, 
6,000 lawsuits, only 10--10--nationwide have been filed for malpractice 
claims, medical malpractice claims--10 lawsuits.

[[Page S7122]]

  To argue that we ought to close the doors of the court to people who 
are seeking relief, when so few lawsuits have been filed, makes no 
sense at all. How many personal injury suits? How many people have sued 
some person or entity or business saying, ``On your premises, I 
contracted this COVID-19''? Well, out of 13 million who have been 
infected, you would think the number would be enormous. Twenty-two--
that is the number--twenty-two personal injury lawsuits have been 
filed. One hundred and ten of these additional lawsuits have been filed 
by employees for workplace situations. Out of all these lawsuits in the 
United States of America for malpractice, personal injury, and 
workplace complaints, there are 142 lawsuits nationwide. Why would we 
hold up the $908 billion economic relief over this phenomena? Do you 
want to know where most of the lawsuits are being filed? Most of the 
lawsuits are being filed between businesses, as well as businesses 
versus their insurance companies, and prisoners who are petitioning the 
court for release from what they consider to be dangerous 
circumstances. Those are the lawsuits that make up the bulk of the 
cases that have been filed so far.
  There is no tsunami of lawsuits. The States are handling this matter 
responsibly and effectively, and there is no indication that our tort 
system in this country needs to be dramatically changed. That is why I 
really withheld my attendance this morning at this press conference. 
The group has not agreed on the basic issue of liability, but there 
were statements being made that I could not agree with that I didn't 
want to suggest that I did, and that is why I didn't attend. I am still 
ready to work on it. I want to work on it and find a bipartisan way to 
protect the rights of individuals who have been wronged for their day 
in court, not to extinguish or take away any rights from any people, to 
acknowledge that States have made decisions on COVID-19 and are moving 
forward and are doing a very fine job, as those numbers indicate.
  Let us not make the best the enemy of the good. For those Republicans 
who believe that the Cornyn bill on liability is an essential part of 
this package, do not deny unemployment insurance and help to small 
businesses across America because we need to fight out this battle. If 
the Democrats had insisted that we would have no COVID-19 bill unless 
we had minimum-wage legislation or family leave related to economic 
circumstances, you would say: Why don't you save that debate for 
another day? We don't need it at this moment. We do need it as a nation 
but not at this moment. At this moment, we need to pass emergency 
assistance to the families and businesses across America.
  I salute my friends who are part of this effort, this bipartisan 
effort. I am glad that I spent the time that I did, and I am still 
ready to work some more. We can come to a conclusion, and we must.
  For the U.S. Senate to finish this month without dealing with this 
very basic COVID-19 relief package is fundamentally wrong. It is the 
highest priority for families and businesses across America, and we owe 
them nothing less.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. WICKER. Mr. President, I ask unanimous consent for the vote on 
the McNeel nomination to begin now.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Under the previous order, all postcloture time has expired.
  The question is, will the Senate advise and consent to the McNeel 
nomination?
  Mr. ROUNDS. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Missouri (Mr. Hawley), the Senator from Oklahoma (Mr. Inhofe), the 
Senator from Georgia (Mrs. Loeffler), and the Senator from Arizona (Ms. 
McSally).
  Mr. DURBIN. I announce that the Senator from California (Ms. Harris), 
the Senator from Vermont (Mr. Sanders), the Senator from Hawaii (Mr. 
Schatz), and the Senator from Rhode Island (Mr. Whitehouse) are 
necessarily absent.
  The PRESIDING OFFICER (Ms. Collins). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 53, nays 39, as follows:

                      [Rollcall Vote No. 241 Ex.]

                                YEAS--53

     Alexander
     Barrasso
     Blackburn
     Blunt
     Boozman
     Braun
     Burr
     Capito
     Cardin
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Enzi
     Ernst
     Fischer
     Gardner
     Graham
     Grassley
     Hoeven
     Hyde-Smith
     Johnson
     Jones
     Kennedy
     Lankford
     Lee
     Manchin
     McConnell
     Moran
     Murkowski
     Paul
     Perdue
     Portman
     Risch
     Roberts
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Shelby
     Sinema
     Sullivan
     Thune
     Tillis
     Toomey
     Wicker
     Young

                                NAYS--39

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Cantwell
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Heinrich
     Hirono
     Kaine
     King
     Klobuchar
     Leahy
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Peters
     Reed
     Rosen
     Schumer
     Shaheen
     Smith
     Stabenow
     Tester
     Udall
     Van Hollen
     Warner
     Warren
     Wyden

                             NOT VOTING--8

     Harris
     Hawley
     Inhofe
     Loeffler
     McSally
     Sanders
     Schatz
     Whitehouse
  The nomination was confirmed
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid upon the table, and the 
President will be immediately notified of the Senate's action.
  The majority leader.
  Mr. McCONNELL. Madam President, I ask unanimous consent that the 
mandatory quorum call be waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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