[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
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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
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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.
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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.
____________________